Yeah, we have enough for corn. >> Yeah, we have corn. Yes. >> Yeah, please. All right. Yeah. >> So, I'm doing an outside 30 seconds
to get to >> Good evening everyone. We're about to start our commission meeting for Thursday, March 26, 2026. Madame clerk, can you please do the roll call? >> Commissioner Shernoff
>> here. >> Commissioner Florimmon >> here. >> Commissioner Jean, Commissioner Smith, >> present. >> Commissioner Sue >> here. >> Vice Mayor Smuckler >> present. >> Mayor Michael Joseph. >> You have quum, sir. Uh, >> next on the next item on the agenda is
invocation. Pastor Tobin, >> everybody, how are you? >> Let's take a moment and sort of silence our hearts. Gracious and holy one, by whatever name we call upon you.
We gather in a season when nearly every tradition turns toward the same ancient longing of renewal, liberation, and peace. Jewish families prepare for Passover, remembering Miriam, the midwives, the mothers who chose courage
over fear. And a people who believed freedom was possible. Christian neighbors enter Holy Week, honoring the women who stayed at the cross, who ran to tell the resurrection to the world not yet ready to listen.
Our Muslim neighbors celebrate emerging from Ramadan's fast with open hands, feeding strangers before feeding themselves. Hindu and seek communities welcome the new year, the harvest, the renewal, and
the call to serve. And from every tradition, we have one voice, one world, and we are one people. And this Women's History Month, we give thanks for every woman who was told no. and answered, "Watch me." Who marched,
organized, healed, and led, who carried the future before the world could see it. May their courage live in this room today. We pray for our world at war, for leaders with wisdom to choose the
harder, costlier road of peace. And we pray that what we ask of the world will first be practiced here. Disagreeing without destroying, debating without dehumanizing, serving all the people of this city,
North Miami Beach. Bless this council, bless this city, bless all that are here, and may peace begin right here. Amen. And amen. >> Amen. >> Pastor, next item on the agenda is
pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all.
>> Mr. Mayor, before you continue, did anybody leave a phone in the girls lock um bathroom? >> We found the phone in the girls I didn't, but we found it in the in the girls in the girls bathroom. So, if somebody's missing a phone, we have it.
>> And it keeps ringing. And it keeps ringing. >> I think >> Yeah, I think it's an iPhone. >> No, it's a Samsung. >> Okay. Samsung. >> Sorry, Mr. Mayor. >> Madam,
>> Madam Clerk. Next item is request for withdrawals, deferments, or additions to the agenda. >> Mr. Mayor, per the request of Commissioner Smith, item 9.4, which is resolution number R2026-27,
is being requested to be pulled from the consent agenda and heard um after everything's excuse me and heard after the whole consent agenda, right before legislation. Also, per the request of Commissioner Smith, item 9.6, 6, which
is resolution 2026-33, is also being requested to be pulled from the consent agenda. Those are the two changes that have been brought to me. >> Mr. Mayor, I'd like to make a request to def Please. >> Excuse me.
>> Oh, okay. I'd like to make a request to defer 11.6 political signs till the next meeting. >> 11.6. >> I have a request. >> 11.6. the agenda. >> Madam Cler, can you repeat the deferments again, please?
Sure. Both items are being requested to be pulled from the consent agenda by Commissioner Smith. That's item 9.4 and 9.6. And Commissioner Sue just announced that she would like to have I the ordinance
2026-05 to be deferred to the next meeting. Do I have a motion to accept the agenda as amended? >> Motion. >> All in favor say I. >> I. >> I. >> All right. >> Next. >> Not our phone ringing.
>> So answer it. >> Okay. >> That was yours. >> All right. Next. >> Next item is um presentations 5.1 procure uh procurement department. Thank you, Mr. Mayor. Uh we have
approximately uh three very very brief uh presentations. Um we're first going to call up our procurement department. Uh as you all know, a a hallmark of great leadership is to chastise in private, but to uh praise in public. And
as a city manager that adheres to that leadership principle, I want to take this opportunity to highlight uh three very very significant uh departments uh here in the city of North Miami Beach. Uh when I first uh took uh leadership of
the city staff, I had two uh members of the commission come and ask me, "Okay, you've had your department head meetings. What are your what are your thoughts? What's your feedback?" And what I shared to them, I want to share to you all uh both on the deis and uh in the public is that we have phenomenal
leadership here in the city of North Miami Beach as would be exempted today. And exemplary of that is and appropriate for women's month is our chief procurement officer, Miss Ms. uh
Shereice Devilisa. So, >> uh, good evening, mayor and commission manager. Um, I will be quickly presenting, um, our successful audit completion and the improvements that we've implemented uh, as a result.
So, as you guys know that um a report that was presented to the mayor commission back in 2023 u resulted in some questions regarding our operations. So, um as a result of that, the state uh
came to us to softly audit our operations. And so we really dug in with the state to ensure that we were indeed um operating under compliance and uh doing the right thing
as as it relates to our pe cards uh gift card dispersement and other things. So um in fall of 2023 um the audit was initiated and in the early 2024 we started interviews. These are these were in-person interviews here at the city
with the state audit team. So there were findings in June and uh those were disseminated via report that all of you received and through 2024 and 2025 um and into 2026 we worked closely with the state audit to ensure that they had
all the documentation um that they needed. And so um we're happy to report that in March this month uh the audit was closed out successfully. What um were those findings and our corrective actions?
So some of the audit findings were uh compliant PECARD use. Um there was the spend from the audit period of 2020 to 2023 that we uh really looked at what we were buying, how we purchased it, and the actual need uh for the city. And so
um those purchases, we're glad to report that uh less than 1% of those transactions were flagged as unknown or um unable to kind of substantiate less than 1%. And this was during the uh COVID era. So that means that we had
purchases that we were um transactions that we were buying things um while we were at home or um PPE or some things that we really couldn't substantiate by either the lack of re lack of a receipt or who purchased it. Less than 1% of those purchases
um adherence to gift card policy. You know that we um in efforts in civic engagement we do provide gift cards. So um the state wanted some detail as to how we did that in a policy uh and then anti-fraud. So what we did as a result
of these findings or these questions, we updated our PCARD policy and we established mandatory trainings for all PECARD users and administrators. Uh those are ongoing. Those happen quarterly and we continue to do those and those trainings are mandatory. um we
implemented a new gift card and dispersement policy and it has commission oversight. So that means when we do want to um participate in some civic engagement, it has to come to the commission first. It has to be approved as to how we do it, who gets them, so on
and so forth. Um as well, we adopted a comprehensive anti-fraud policy. This was something that we didn't have in place that we do now have in place and overall it strengthened our internal controls and our documentation. So as a result, the outcome of this
the outcome of uh this operational audit was really good in the in the end. Um we were able to address all the findings and we addressed all the recommendations as well. It was closed successfully and no further action from the state. That means we do not have to peer in front of
the JAC. That means there's no other um information that they're looking to for us. we're compliant and so we're happy to say that with um the procurement department spearheaded this with the the manager's office and um we're a we're audit compliant and we're happy to say
that. So we are indeed doing the right thing by the taxpayers and of course um continuing good governance. >> Thank you. >> Thank you. Thank you so much. So, and that is coming from our now award-winning procurement department.
And next on the next on the agenda, we have a brief presentation from um our public utilities director. Um, also very very uh excited to announce to the residents and share uh with the
mayor and commission what we already know uh that our water here in the city of North Miami Beach is best is some of the best water that we can that can be served here in Miami Day County. And to exemplify that uh we have Mr. Hamid Nick
Vin who's going to give a brief presentation on our recent awards for this department. >> Thank you. Uh good evening Mr. Mayor, commissioner, city manager. Uh tonight I'm uh providing the overall annual performance report from NMBB water. I'm
trying to make it quick highlight and go through a different uh slide to save the time. Uh as we have the honor tonight to receive recognition from commission, we won the smart 20 award. There were all other awards that this year NMBB water
were able to uh successfully secure by the work from staff. Outstanding water distribution system of the year from American waterwork association. Not first runner up for the best drinking water taste public work uh project of the year, American public work
association for a little river crossing project. Uh selected presenter for the PAS technical session. We presented to our PUC about five months ago nine different alternative for addressing our needs for PAS and corrosion. The
methodology that we use is been recognized to be presented to other utility to follow. Uh also EPA certified excellence of the year uh been received from our laboratory at water plant. We have high leadership and staff
engagement on different nonprofit organization representing city and north Miami uh NMBB water north Miami Beach water department. Uh I'm serving as a vice chair of uh Florida Water Environmental Association resource and reuse resiliency uh municipal
representative for American Waterwork Association in the state. Uh also we host the APWA lunchon of the year here at North Miami Beach. uh we are serving as an advisory board and a speaker for disaster expo and resilience expo and uh
been invited for uh several keynote speaker and also the panel speaker staff and myself. Uh as far as technology and modernization, we are soon launching the GISbased uh capital improvement uh program dashboard with
public transparency to access to the resident and public uh throughout our entire service area. Uh finalizing our consolidated asset management system. We are at the final stage of implementation for our new SCADA which is the core uh
software to manage the water treatment plant uh saving over $250,000 by changing the methodology on implementation. We conducted our different alternative for PAS treatment and corrosion study and presented it water distribution metering and water
loss assessment. We follow and implemented a unique approach cost-saving approach to identify all the inventory of our pipeline and all material in our water distribution and identify uh how much we were lo how much
is our water loss and revenue loss and all being in detail presented to public utility commission and based off that we were able to identify the future needs and we are going to present this at Swan
International as a guest, a special guest uh for this methodology that we uh collectively did with the staff. Also, we conducted INI and septic to sewer uh assessment in our sewer collection system and presented to PU which will uh
be implemented in our smart utility application for any finding that we had. As far as education and conservation program, we're developing a new water conservation policy and uh we're uh at the final stage to submit it to Marade
County water conservation month activity first day camp with Allison Academy drops saver poster contest over 130 applications been entered uh last year and this year we had huge numbers of applicants as well. We're hoping our uh
entries you know win in a state level student water plan through school career days and uh national drinking water jun uh conservation engagement representation at different entity and regional community uh center meetings.
We had lot community engagement. Washington Park groundbreaking would uh thank our public work to let that for infra day Florida disaster expo fix a leak campaign and a golf tournament uh over $30,000 last year and we're hoping
to collect more for our daycare program this year and uh other uh event that we've been through. financial management and cost saving eliminated two weekend position resulted in 200 over $214,000 saving negotiated
CIP program management two thou $2 million reduction SCADA modernization $250,000 saving uh avoided the creation of 15 CIP position request identify over $5.7 million annual water loss revenue
that we come up with presenting recovery plan for that which is part of this smart utility application developed a smart utility RFQ the project that we did inhouse that resulted in over $200,000 saving of consulting fee negot
negotiating and we're at the final stage with the support and uh effort from legal and finance uh with and city manager office negotiating the final stage of our outstanding bill with county and city of North Miami we're
strategically planning and working with city manager office for wholesale customer expansion. Uh also with the support of the commission we were able to update our impact fee ordinance being presented and it's been adopted by this governing board which will help us on uh
our revenues to be s sustained. Uh ordinance transferring utility account ownership to property owner has been adopted presented and adopted by this uh governing board and we appreciate that. uh uh the contribution for it through
the exercise of budget uh it and finance were able to do different uh calculation based off the fulltime employee it resulted in $400,000 on a water department contributions uh saving get back to water reserve and also we
corrected long-standing personnel cost allocation across all uh divisions in water treatment uh water operation operational and compliance achievement implemented a water supply uh facility work plan required by South Florida Water Management District. Uh we're
presenting it to be amended in city comprehensive plan which is required working hand-to-hand with community development department. Remove fluoride from a water system by the support from the uh council and mayor. uh amended city code for building accuracy
presented also completed annual disinfection of water system and this year free chlorine we exercise twice to ensure we have a good quality published 2024 uh CCR consumer confidence report
on time with no uh uh finding of any concern we launched the first fire hydrant painting program across different school and we're going to continue that this year and also So we executed a valve maintenance program. We have over 10,000 valves on the streets
that is required to be maintained and exercised. Uh do any emergency comes it's very critical function for us to make sure they're functioning. Completed eastern shore phase 2 uh initiated corona delmare phase three with the
support from CRA that was funded and transferred to water department. So now we are presenting we we received the approval from commission for the consultant to start a design and then we will once it's finished we will put it out on the street with the support from comm uh uh procurement department as
well and also uh in short uh policy legal and commission alignment funding and grant this year we were able in the very uh tiny time frame that we had to secure and finalize our national PAS
settlement 17.5 $17.1 million over I believe 10 or $12 million already has been deposited to city finance is tracking that uh we also got awarded $2.5 million from FEMA standby generator grants $1.1 million Biscane Bay water
quality improvement grants uh which was uh awarded by governor uh uh to the city and expanded grand writing capacity which we still have three more application that's been submitted we're waiting for the final to See what would we get? Hopefully we will get some award
out of those as well. Major infrastructure delivery 5 million gallon tank water storage tank at Norwood water treatment plant completed and submitted to department of health and we received a certificate of operation for that EPA certificate of excellence operation
center rehabilitation. It's at 90% completion. Corona delmar collection system phase 2 final uh stage of completion. Eastern shore as I mentioned substantially completed sewer lining project. Uh we started a new initiative
which is required uh after 5 years of gap sewer uh lining in our sewer infrastructure. Last year we executed and we brought before the commission with the support of commission we adopted commission adopted the budget
line item for it. Now we're conducting more SW lining to secure our sewer infrastructure. Belgard enforcement replacement uh around Hard Rock Stadium. It's at the final say substantial completion. Uh we changed the design
through Miami date county that resulted over million dollar saving uh uh because contractor proposed change order due to the requirement from Hard Rock and we were able to address that issue in the favor of city master pump station force
main replacement at at final close out. Banshi Park water main uh system rehabilitation at final close out and Corvero force main replacements are being completed the department when I came aboard uh it
was at the final stage of 5year CIP and then now we implemented sevenyear CIP and we're looking for more uh there are more slide but I think I want to shed them down and if any question I would be happy to Sir, thank you.
>> And I I don't know if he was being modest or wanted to uh utilize this time for other resources, but there's also the very important announcement that was celebrated at the previous meeting, and that's um the awards that we have won. Uh so I want to acknowledge again our public utilities uh department for their
great service to the city of North Miami Beach. >> Thank you, sir. Next and final we have our fantastic police department and Chief uh Juan Pine is going to do a brief presentation. >> Thank you. Good evening, mayor, vice mayor, commissioners, Mr. Manager. Thank
you for your leadership and your opportunity given us uh given me to highlight our officers and uh the police department as a whole. So, as you all know by now, uh our NMBB police department uh do outstanding work every single day protecting our community. But this particular incident stood out
because it involved a vulnerable child in need in in need of immediate help. Thanks to the vigilance of our officers actively patrolling and paying close attention to their surroundings, they were able to quickly identify and assist the child, ensuring his safety and connecting him with the proper resources. I'd like to recognize officer
Gene Baptist, Officer Pierre, Officer Dorsent, Detective Dali, Detective Fleetus, and domestic violence coordinator and advocate Renee Darden for their efforts. Please take a moment to watch this story which highlights their work in this case. >> And now to a story you'll only see on Local 10. Police say a 5-year-old boy
was found wandering the streets and his mother was nowhere to be found on Saturday night. >> But this afternoon, newly released video shows the heartbreaking moments police approached that child. Investigators also later arresting the mother. Local T's Rush Low live in North Miami Beach with our exclusive today. Rush.
>> I have to tell you, as a parent, it is absolutely heartbreaking to watch this video. You see a 5-year-old little boy right here all alone. He doesn't know what happened to his mom. His mom left him. He waves down a North Miami Beach police officer. And in this video, even
though there's so much heartbreak, you will see how the police officers deal with this child and through it all simply try to make him smile. No. >> You live in there, right? >> By myself.
>> You live in there by yourself? >> Because my mom left me. >> Saturday night, North Miami Beach. Police are flagged down by a 5-year-old boy. He doesn't know where his mom is. >> She didn't tell you what time she's going to come back. >> A But we'll we'll find mommy. Okay. He
said his mom went to Walmart. >> Cops can't reach mom, they say. >> I'm going to leave the door open. I'm going to stay with you the whole time. Okay. You don't know your ABC's, right? You want to sing it with me? A B C D E F G I know you know it. >> They sweep the efficiency where the boy
lives with his mom. They say they saw several boxes, signs of hoarding. Along with the boxes, there were signs of dirt, spiderw webs, and leftover rotten food residue everywhere. They said mom still couldn't be reached. >> Now I know my ABC.
Next time, won't you sing with me? See, you know it. >> North Miami Beach police trying to keep the child calm. Cops spotted the boy around 8 and several hours later, they reached mom who said a friend would pick up the boy. That friend never showed up.
At around 1:00 in the morning, the little boy was given over to the Department of Children and Families. Mom Britley Lewis was spotted eventually leaving the house and arrested. get away from the alleged victim. >> Mom ordered to stay away from her child.
And in the middle of all of this, a little boy not knowing where his mom is. Police trying to bring a smile to his face in a heartbreaking moment. >> You know the hips. You know, you knew that song, too. Yeah,
you do. You laughy cuz I start singing cuz I see you laughing. So, through it all, they try to make that little 5-year-old boy uh that child smile and laugh. Now, let's get to mom for a second here. These are serious charges, child neglect charges. She
can't see the little child, the 5-year-old. At this point, he is in the custody of the Department of Children and Families. This is very much though an ongoing investigation. And as I mentioned there in the story, police were absolutely horrified when they went
into this child's home and uh they're just grateful that the child was able to be saved and handed over to the Department of Children and Families. What a great job by the North Miami Beach Police officers. We're live in North Miami Beach. I'm Rash Low, Local 10 News.
>> On behalf of the North Miami Beach Police Department, we thank you all for your continued support. I'd like to preface by saying law enforcement officers are not known for singing, but we are known for our care and compassion. And one last thing I'd like to highlight, I just like to compare our crime stats uh from last year to now
currently. Uh in uh for armed robberies, we're now down 83%. For strong armed robberies, we're down 64%. Burglary to vehicles are down 53%. Motor vehicle thefts were down 35%. Non-residentidential burglaries were down 57%. And residential burglaries
were down 40%. overall reduction of 57%. And thank you to the manager allowing us uh to hire 20 more additional officers. We'll have them hired by the end of the year. So, thank you very much, M. Mr. Manager. Um if I may, um if the chief can just take a couple more
minutes because those numbers aren't aren't numbers that we should just not recognize. I think those numbers are amazing numbers. some by more like half a decrease in certain uh in certain areas. Can you just talk a little bit more about >> Yeah, so we we've taken a really proactive approach this year. Not like
we haven't done in the past, but it it's a testament to the morale has been skyrocketing. Um the personnel, we're getting more officers in here. Uh they enjoy coming to work. They enjoy doing their job and it's a testament to their dedication, professionalism. Um we have the right people in place uh to move
forward and and and take action. So that's a that's a testament to the reduction in crime that you're seeing today. >> Awesome. And I'm going to always reiterate my support for this police chief, deputy police chief, and the entire command staff and all of the team
of the North Miami Beach Police Department. Great job. >> Thank you so much. Thank you >> to the mayor. To the mayor. I just want to say that's one thing that you can't really put on a video is the camaraderie, the change in camaraderie
amongst your staff. I I have to tell you that's what makes the difference. That's why it's so good. Now, we're we're doing what we're supposed to doing, but we're doing it with a happy heart. >> So, I appreciate you very much. >> Thank you so much. If >> I may, Mr. Mayor. >> Yes.
>> Um I I want to ditto the exact words that he said. I want to ditto. >> Oh, you want to ditto? Okay. >> Exactly what he said. >> But only 20 more police officers. That's it. Only 20. >> I'm still working on it.
>> We have to work on that. Okay. >> But thank you all. >> Oh, thank you all. Thank you. Thank you. >> Thank you. Thank you, Chief. >> Thank you, Mayor. >> Madam Clerk, public comment. >> Good evening, everyone. At this time,
the mayor and commissioner of the city of North Miami Beach has opened the meeting for public comment. There is a 3minut time limit for each speaker. Speaker, when you're called to the podium, please state your name or the name of the organization which you are representing. The mayor and commission
of the city of North Beach recognizes the importance of civility. The city of North Beach requests that all exercise civility towards each other at all times. And our first speaker is Rod Feiner. >> Thank you, Madam Clerk. Mayor,
commissioners, my name is Rod Finer. I'm an attorney with Coker and Finer at 1133 Southeast 4th Avenue in Fort Lauderdale. I'm actually here to speak on item 8 point I think it's 9.11 um which is 8.11 Washington Square Park item of which is
being done. Um I am here to request that you postpone that item to your next agenda. I represent shift construction and development. If you may recall on November 17th of 2025 this commission awarded this contract to shift construction and development. As a
matter of fact I have a copy of the resolution right here. Section two says, "The mayor and city commission accepts the recommendation of the city manager and city staff and award the Washington Park Community Center redevelopment project to shift construction and development and authorize the manager to
execute a contract." Section three of that resolution then says it's subject to negotiations and everything else. Now, from that time period, we did not were able to engage in negotiations with the city. We sent emails requesting negotiations back and forth and instead
of engaging in negotiations, the city staff at that point sent a notice of rejection of all bids at the time after the city commission had awarded that contract to shift subject to negotiations and entering into saying you're supposed to do something along those lines. Nothing happened from your
procurement department. And then all of a sudden after several emails, we had discussions about a technology line item. We credited the full amount to the city on that technology blind item, a $500 and something thousand credit to the city and then they rejected all bids and said instead we're going to put this
out for rebid. >> We protested that. The city denied that and we've actually filed suit against the city and there's currently litigation pending in Miami date county circuit court. As a matter of fact, there's a temporary injunction hearing scheduled for Wednesday of next week on
this very case and on this very matter for my client against the city of North Miami Beach. I've been coordinating this with Mr. Geller. He knows what I'm saying here tonight. Um, so nothing is by surprise that way. But we find it a conflict for you to adopt that resolution here tonight when there's
pending litigation with an injunction next week. Especially considering the prior city commission action where to the best of nine knowledge, staff never came and asked the city commission's permission to reject all bids. They never formally declared an impass in negotiations one way or the other. We
think going forward with this recommendation of the award for the Washington Square Park project tonight creates confusion. it circumvents the judicial process. Um, and you should allow the judicial process, especially with the hearing occurring next week, to take place and be done. And no really
substantial delay occurs one way or the other by delaying this to your next commission meeting, which my understanding is in 3 weeks. So, a 3-we delay, considering we were awarded the contract in November, and now you're only coming back in March coming for another person, which is what, five
months later. A 3-week delay is really nothing compared to the overall scheme of how this project has gone through. And we would just request that you let the judicial process take its process and come back at that point in time because with the temporary injunction, the court will have ruled before your next commission.
>> Fine. >> What item number is that? >> 11.8. It's a Washington Square Park item. Commissioner Smith, >> I know we don't have back and forth, but >> your mic, >> please. >> I know we don't have public comment back
and forth, but I'd like to ask the attorney about this if there is something scheduled for Wednesday. What is your opinion about going forth with this tonight? >> Um, Mr. Finer is a fine attorney and he's
certainly an effective advocate. I know him for quite some time. Um the commission did not award this in November. If you go back and look at the resolution, what the commission did, I mean the the staff does the work on
these but for budgetary purposes is a very large project. The commission authorized the manager to enter into a contract which would have been an award of contract but it was subject to some
definite conditions. There were some serious questions about the cost. Mr. U finer's client had a proposal for just over $19 million.
Um they advocated that we reject and we had in fact disqualified a lower bid that was at $16.5 million a $2.5 million difference and we thought and that was
the procurement director, the interim manager and myself was before Mr. Williams was here. We concluded that for $2.5 million, we wanted to be absolutely certain that
we were getting the best price and even though there might have been a technical defect in the lower bid, if it turned out that we were really comparing apples to apples and not apples to arvarks, it
could save the city $2.5 million. So that was the reason for deciding to reject all bids um which is within the authority to do. It did not require coming back to the commission. What we had done is come to
the commission for authority to execute a contract in that very large amount. We subsequently did rebid and as it turns out although Mr. finer client did not choose to rebid. Not only did the lower
bid at 16.5 rebid, but it turns out we got another bid from one of the five pre-qualified that came in at $15.3 million. So, the result of this, if it
goes forward, will be saving the city almost $4 million on this project. Now, I want to be clear. Not only was the previous item before the commission not an award,
it authorized a contract. And that's all this one does. It authorizes a contract. We are not at the point where we have a finalized contract. And let me say I do agree on one thing with Mr. Feiner. We
have a hearing Wednesday. the we filed a very lengthy motion to dismiss their complaint. We don't think it's well taken. We filed it uh late Monday evening. Uh tomorrow, Mr. Feiner, with our agreement is deposing a member of
our staff. We have a hearing Wednesday. It is not our intention to execute the new contract that you're authorizing prior to Wednesday's hearing. But no one has a right to city business. The city
acts in the best interests of the city and of the taxpayers. And if there's a potential four almost $4 million savings, we want to realize that. I'm not planning to walk into court and go, "Haha, judge, we already did it." We'll
go to the hearing. We'll see what happens. Presuming the judge rules fairly promptly, that's fine. But if it turns out that this process might drag on, then we may have to take other action. But we're not planning to do
anything before Wednesday's hearing. This is not a final award. It is an authorization for the city, the manager, the procurement director, and myself to review and approve a
contract and then the manager executes it. So, I'm sympathetic to what he's saying, but we'll go to that hearing Wednesday and we'll see what the judge has to say. It is not our plan to execute first. We do want the authority.
This is a pressing issue. It's been delayed. We're not happy it was been delayed, but to save two and a half or actually now $3.7 million, that's worth a little bit of time in making sure it's
gotten exactly right and we act in the best interests of the people who pay the taxes for this stat. >> So, in your opinion, we can keep it on the agenda for a vote. We can vote to approve well to approve the authorization,
>> right? >> And that's all it is. It's not an award anymore than the one in November was an award. We can vote to approve the authorization. Sorry that was a bit of a long explanation, but I want you to understand we're contesting this suit vigorously.
But I do agree that to try to sneak in and get the contract signed between now and Wednesday morning, I wouldn't want to face the judge and do that. We're not going to do that. >> Well, I know that the item is we're
still we're going to talk about it later on in the agenda. So, because it's public comment, I know there's other people waiting. I don't want to belver the point if you want to wrap up real quick. So because >> Yes, sir. Um Mr. Geller is an excellent attorney. Like you said, we've crossed swords in the past. Um 20 years ago, 15
years ago, and several times since. So I do respect his author opinion greatly. Of course, lawyers will have differentiation and opinion. The only thing I'm going to do is wrap up on this is I'm going to quote the resolution from November. Okay, that was adopted November. Section two of the resolution.
The mayor and city commission accept the recommendation of the city manager and city staff and award ITB 2025WP Washington Park community center redevelopment project to shift construction and development and authorize the city manager to execute a
contract with shift. And then section three has that issue of this is subject to negotiations and everything else. The crux of our lawsuit is we don't believe negotiations occurred. We don't believe that the city filed its process on doing this. We believe that the city had to come back to you first before they
rejected all bids. I know Mr. Gellar has a very vehem disagreement with me on that. And my only whole point on that is while lawyers could disagree and that's why there's a lawsuit pending with a hearing next week, I don't think a three-week delay in terms of everything else that's going on with this one, considering we were awarded the contract
back in November and now it's here in March really prejudice the city at all. your success. Your bidder on the rebid has a 90day guaranteed purchase hold on purchase price. A three-week delay doesn't prejudice you on purchase price or numbers or anything else. And I thank
you for the courtesy of being allowed to address what Mr. Geller said. I know that is not your standard policy. >> 30 seconds. Mayor just it he read the words authorized. There was no contract ever signed with his client. we never
went to contract. And section three, as he said, said it was contingent on negotiations. It also said clarifications and revisions. And that's where we found that we had to act when
and millions of dollars. We we we just that's why it never went to contract. Thank you. Thank you, sir. >> Thank you, sir. Um comment. Next two speakers, Melissa Winchester and then Karen Harold. Okay, good afternoon everybody.
A little lower. Could you hear me now? Okay. Good afternoon everyone. >> Um Melissa Winchester. I have been a resident of North Miami Beach for Isra. >> Can you hear me? Okay. Over a good 30
years. The first time I stood at this podium, I was 13. I turned 43 March the 9th. >> Thank you for that. Um I heard what the gentleman before me just stated. your name, please. >> She did.
>> I did. Melissa Winchester, how are you? >> I'm great, Melissa. I couldn't hear. >> It's okay. >> Charge it to your heart, not your Thank you. Um, in reference to
item 11.8, Washington Park has been waiting. Everyone that sat here have been campaigning. You just got here, city manager. Please understand. I'm 43.
I was 13. I have a 14year-old. >> It's been a long >> It's been a long time. I have been the president at Washington Park. I have been a counselor at Washington Park. I've been a transportation NNB line, the original
one, door-todoor service. Then I left y'all and I went to Miami Day County, the benefits and the FRS. But long story short, where it comes to this, we can't prolong we can't. >> It's not fair. >> This
you I got to speed up. My next item was 11.9. I did send out an email early Tuesday morning because I just got back to work. I understand to a certain extent, but all I was asking within my email was
just due process to any of y'all. If it if it was your situation, I would be here the same. I work for Miami Day County Corrections. I'm in court every day. That's what I do. It's process, intake, and release. When a judge says
X, Y, and Z, long as it adds up and the clerk has done their part, I make sure that you get where you need to be. I'm asking for honest due process. And please, I don't need to be 53 waiting for this project.
>> I want to see it. >> I want to see it. Too many people have passed standing at this podium. Please understand, I'm standing here for the ones that are not here anymore that
has told me the reason they fought for it. From the Castaways to the Marvin Phillips to Melissa Williams and so many more to even Larry. We may have not always seen eye to eye, but one thing,
he stood for Washington Park. >> Time. >> Thank you. >> Thank you. Next, next speaker. >> Hi, good evening. Karen Herold. I live in North Miami Beach. Hello, mayor, city commissioners, city attorney, city
clerk, city manager, deputy manager. Nice to see you all here. Um, I wanted to thank Commissioner Smith for putting on the agenda about puppy mills. Um, I noticed especially co time there were many stray dogs around whether or not
people were hospitalized and nobody to look after their animals or they just couldn't afford to feed them and it hasn't let up. I'm on Next Door app and if you look there every day you see at least one dog if not more lost, abandoned, who knows? Um, stray
dogs seem to find my daughters and they've worked very hard to form some kind of a network with the people they know to find rescues and they've been able to send one dog um, Big Dog Rescue accepted it and it was adopted out. Um,
another dog um, a person who catches animals um, she decided to keep the dog. It was blind in one eye and had many issues and she took care of that. These dogs are out there. There's two kind of
um dogs that people have been putting on the chats that are loosed in the area where I live. And somebody said he bit a mailman. So the the places that would pick up dogs can't do it. And you hear the same thing like
you heard back in CO time. They're full. I met somebody with a beautiful dog. I started talking to him. He said they went to a rescue. I had no idea where they went. He said they wanted to $7,000. So that must have been an illegitimate rescue. So getting
information out of which rescues people can call is so important. So thank you for that. Um also I just wanted to mention about what everybody campaigned on transparency and accountability. We've had many problems in this city
over the years. And so every time somebody runs for election, the first thing they say is, "We need transparency. We need accountability. We need to take responsibility. Have our elected officials take responsibility for their actions and not do anything to put our
city me our city at a detriment or at a loss. And it's owed to the people that you're elected to serve. any loss we have hits us. It hits us and it hurts us. And that's not what you were elected to for. And I sure hope you all make
your opinions heard and find it unacceptable for that to happen. We need to have trust that you are looking out for us and that you care about us. And it's not a friends and family situation, but it's what's a right situation. And I
see the new sign up there. If you ever have a question what to do, just look up and find the answers. Thank you very much. >> Next speaker, >> Michelle Lazero and then Emily Pon. >> I just a second. I just want to welcome
vice mayor from city of Hollandale Beach, Michelle Lazero. Thank you for being here. >> Thank you, Commissioner. Uh, and tonight I'm here in my unofficial capacity, not representing the city, but as an advocate and activist and somebody who
came 10 years ago and asked Commissioner Well, good evening everybody. Thank you for having me. Uh, Commissioner Smith, the clock is ticking. Sorry. >> Respectfully, please state your name. >> Oh, sure. Michelle Lazero from Hollandale Beach. Well, now the clock is ticking. Okay. So, uh, here a decade ago
regarding the same issue and and, uh, North Miami Beach was one of the leaders in South Florida of passing a pet sales ban, which really deals only with the sale of dogs and cats in stores. And the reason that we do that is because 99% of
dog stores get their dogs from commercial breeders, also known as puppy mills. Uh, true breeders don't sell to stores, they sell direct to the public. This ordinance does not prevent a hobby breeder from selling direct from their
home to the public. We're not trying to restrict anybody from getting an animal. Obviously, we always advocate for rescue first, adoption first. There are people who going to want that pure breed dog. They are more than welcome to go directly to a breeder. We are stopping
the puppy mill pipeline in stores. Now, your ordinance, thank you very much again for passing it, had some loopholes in it. And what we're doing tonight is we're asking to close those and make the language tighter so that there can be no uh room for misunderstanding, which is
what's happening in Pompo Beach. And the reason that I'm here with kind of an urgency is that Pompo Beach left a loophole open for hobbyreeders. And now they have a major problem there because a store came open claimed they were selling from hobbyreeders and no matter
how we have proven that they are not the city is refusing to take action and close this uh loophole and so now they're in a big fight over there. So I am asking all the cities that have this kind of language to please close it because right now you have no stores.
This is status quo. It hurts no one. It protects the city from any incoming stores from operating nefariously. And this will be in keeping with your large box stores. Petco, PetSmart, Pet Supermarket, no longer sell dogs and
cats. They haven't for a long time. So, this doesn't impact those stores from operating. And you're welcoming any business who would like to come here and open. Uh they're more than welcome. They just can't sell cats and dogs. And I just want to say Florida has almost 80
bands across the state. And right now we have state bands in Illinois, California, Maine, New York, Washington with upcoming bands in Colorado, Minnesota, Mass, uh Massachusetts, Delaware, and Oregon. Uh while we would
love to see that in Florida with this legislature, we doubt we're ever going to see that. So we'll take city by city, county by county as much as we can. And just being here tonight and having this conversation and doing this raises the awareness for people who don't know
about this industry and don't understand about why it's so important not to buy dogs and cats in stores. I will not be here for this vote. I don't think so. I hope that I can get all of your support and thank you again to Commissioner Smith and everybody for supporting it.
>> Thank you. >> How'd you get your dog? >> Next speaker. >> How'd you get your dog? Um >> good evening uh mayor commissioners. Uh my name is Emily Pon. I live for North Miami Beach. Um I'm here to ask your
support and approval for the item 9.9. Thank you. 9.9 U resolution 2026 um-36 that is the traffic calming project. Um this project includes um um safety
solutions for the areas northeast 157 um northeast 18 court northeast 158th street and um northeast 19. Um as you know over the time our neighborhood has experienced ongoing concerns with speeding vehicles and unsafe driving
behaviors. Um as residents uh we see actually cars traveling well above the speed limits where families live, children place and many residents walk. Just you know to give you an example uh last Saturday there was an accident very
early in the morning on one Tesla was speeding and crashed into a silver car. Uh the car was total and the person who was inside the car was taken to the hospital. Um I have been um in communication with a d um public works
director Miss Henry and she has um I really appreciate her responsiveness and efforts and she has helped us to provide us with um solutions. Um one of the recommendations was to um install
um I mean to do the study um the study have been completed. Uh one speed bomb one temporary speed bomb has been installed in 157. Another temporary speed bomb has been installed on 158.
Um however you know this project your approval it will um help us to have this permanent uh speed bonds and additional signage that will help to improve the safety concerns that we currently have
in that area. Um for this reason I respectfully urge you to approve this resolution and allow this project to move forward. Um, your support will make a meaningful difference in the daily life of the residents who call this neighborhood home. Thank you.
>> Thank you. Next speaker, >> Irene Pellinger and then Steven Johnson. Good evening. I'm Irene Pillinger. I'm speaking tonight on behalf of friends of the library. Um, in 2020, our world changed. The
dangers of COVID resulted in our world shutting down and people moving within tinino tiny bubbles trying to stay safe. Aside from the enormous loss of life, we lost community. Can that ever be rebuilt? Here in North Miami Beach, we
can thank Dr. Dena Hernandez, our library director, for her tireless efforts at giving us back a sense of community. She and her talented staff have allowed us to experience and learn from the cultures of our neighbors,
Haitian, Hispanic, Black, and Jewish. We all live here, and we have been able to step into the rich cultures of our many homelands through education, dance, music, and art. Our library has become a place for the young and old and all
those in between to come and find opportunity to learn new skills and celebrate our community. The North Miami Beach Library was singled out and chosen by the For a Bright Future Foundation to become a home to an amazing media lab
where teens learn the craft of video editing and broadcasting among other specialized programs. The library achieves certification as an age-friendly library, recognizing the needs of seniors by expanding programs
that foster social connection and lifelong learning so older adults can fully engage. Under Dr. Hernandez's leadership, the library became the third library in the state of Florida to be accredited as agefriendly and the only
one to achieve the highest level offered. Also under her leadership, our library is now a member of the hidden disabilities sunflower program for those among us with hidden disabilities. By simply wearing a sunflower lanyard,
those with non-visible disabilities can be identified. This is beneficial when dealing with police, TSA, medical personnel, as well as library staff. Those needing a languard can get one at our library. Quite a number of years ago, our library
was cut off from its own backyard and is missing programs that can benefit all our residents. I have mentioned before that a simple gate between Slam and the amphitheater park would give our park back to the residents. We could then
teach about gardening or simply have book discussions, classes, board games under the shade of a tree with a cooling breeze from the canal. Outdoor space is vital to libraries and can act as a therapeutic escape for all, from
children to seniors. I would love to see us take back our space and use it to expand the well-being of our residents through even more library programs. I look forward Okay, thank you very much. >> You want to finish your thought? I just
I look forward to speaking with each of you again this year about the importance of our library to our community and how to ensure that the budget for the library is maintained as all essential services are maintained. Thank you very
much. >> Thank you. Next speaker. >> I'm sorry about your loss Irene for your h you or your brother. May rest in peace. >> Thank you very much. Good evening everybody. Stephen Hunter Johnson, 170 Northeast 159th Street. I
am not a resident of, but I am a neighbor to and a customer of North Miami Beach Water. I am here today to speak on resolution number 11.8. Madame Clerk, if you can just update that line because that wasn't on my
original thing. and 11.9 as to 11 and I can do it in under three minutes. I promise. >> As to 11.8, I was moved when I when I heard the cries to finish at Washington Park.
And it's time. I've been there. At this point, the signs promising we'd be finished are old and weathered. And it's time. And so I'm glad I got to be here today in God we trust. Perhaps providence was
the way on this so that I could just say to so many of my friends on the day it's time. So I I strongly support um passage of 11.8. Um, as to 11.9,
pastor Tolbin actually opened with an invocation that I found powerful because she said, "Let's disagree without destroying each other." >> And I c it caught me off guard because those of you and I know all of you have
been here long enough to know this body, not these members, but this body has had its fights. It's had its moments. It has had those days and I was always as a neighbor and a concerned neighbor able to to not leave
my house for those meetings. But I have been up with many of you until 1 and 2 a.m. for some of those meetings and those days are in the past. So, I'm reminded as I look at the the the
11.9 that six statements of allegedly two if substantiated says at the very least as the good sisters who spoke earlier said that due process has not run its course
and moving forward not passing 11.9 nine today. It's not appropriate. It's not right. It's not righteous. But moving forward, keeping in mind what Pastor Tolin said because I like not reading about my
friends in the newspaper. I like it when you're able to do the business of government and not make the front page of the herald. And you guys have done so well. So, I would ask you not >> to pass 11.9 for those reasons. And
other than that, I wish you all a wonderful evening. >> You too. >> Thank you. Next speaker. >> You as well. >> Linda Joseph and then Ketley Joe. Sorry if I mispronounced it. >> Sorry about that. Good evening everyone.
Good evening council people. Good evening mayor. I just want to take a moment to tell you how wonderful this city is and how I've been able to talk to residents, knock on doors, talk to them about speaker, please state your name.
>> It's Linda Joseph Noel. Address is 17071 West Dixie Highway. I had the immense awesome pleasure of just really meeting um residents where they're at and your events, the events
that you guys put on. I am just coming back into the community because I travel a lot for work and so I had the awesome privilege to really dive back into the community and meet the resident and your programs the programs that you guys had.
I went to the women's day, phenomenal. I went to the Asian market. Oh my god, you cannot unteach everything I learn. The library, it is a truly happy place. I have I can work from home, but I choose
to work in the library. I just see all ages, all faces. It is just so awesome. That being said, as I knock on doors, as I talk to residents, um, one of the things that keep coming up is who do we
talk to on the dis which commissioner we talk to? Um, I've sent emails about different um, residents with different concerns. Um, so I don't know. Some answered and some don't answer. Sometime when a resident asks me something, I mostly can answer it because it's always
a Google search, but I just don't know who do I send the concern to because it's, you know, it's widely. Secondly, um like I said, while we're out there, I've emailed um a couple of y'all with the um with the resident's name and
number and the concern. I have not gotten call back, but that's fine. But you have to at least answer the residents and that's all I'm ask because when you don't they come back to me and I really don't want to do that after I say for certain they will call. So I don't know if should we send it to the
manager's office? Should we send it to different individual? If you guys could give me some guidance on that that would be perfect. Second one of the one of the concerns as I'm out there talking to residents. One of the concerns they had, it was um I think two um commissioner
meetings ago, it was a $50,000 um a budget item that was drove to an attorney for an investigation. I'm not saying investigation is not warranted. I one of the things that the resident would say, why couldn't we use um a a a
lawyer or an attorney in the city? Either one who lives in the city or one who practice in the city, right? because >> $50,000 our residents here the average um
resident salary is $52,000 a year. So it's a little jarring when we hear attorneys start charge our city 50,000 in two weeks. So that's one of the concerns they brought up to me. Um,
so we need to be really clear and I I heard someone also said about transparency that should be looked into. Um, and also the um, >> time. Thank you. >> I want to say what Washington Park said, but please give Washington Park. They are wonderful people over there. Thank
you. >> Thank you. Next speaker. It's working. >> I can hear you. Try not to >> Well, I know you need to knock on the window and let them know. Okay, now we can hear you.
Oh, my name is Kitley and I reside in the city of North Miami Beach. Um, good evening, mayor, commission, our new city manager, deputy city manager, and definitely my police chief.
Um, I'm here this evening really wanting to talk about the multicultural committee, but in lie of the United Nations General Assembly has voted to recognize the enslavement of Africans, the transatlantic
cattle slave trade as the gravest crime against humanity. Being a member of the UN um multicultural committee, we try to put an event together for Haitian Heritage Month.
Our liaison every year has gone above and beyond trying to find the funds that we need in order for us to put this together. Haitian Heritage Month is something that should be taken very, very seriously. as in this city, the
Haitians, you have a lot, a very large group of your residents are Haitians. So this year the funding is not there. The library is doing its best to put
something together. But I would have thought that every single one of you on the disr not to go above and beyond and really do something that recognize what the h what the Haitian community
has done has brought to this country. Haiti was the first that stood up and say enough with slavery. So that need to be recognized. We're not saying that we are better than the rest of the world, but definitely in
North Miami Beach, we are asking you all to put yourself together. do not leave it only to our liaison commissioner Smuckler to do this alone and the library doesn't have the funding. So I'm
asking each and single one of you that sit on the dis every seven member of yours to put yourself together and do something that we can say we're proud of. Haitian Heritage Month need to be celebrated. It should be celebrated. So,
I'm not sure if the funding going to be coming from >> 15 seconds, >> our city manager, all of you, but I'm asking every single one of you to work together in order to put something that the Haitian community feel very proud of. Thank you,
>> Commissioner. >> No, I just wanted to thank um u Miss for that statement. I know that the multicultural liaison is Commissioner Smuckler and um you know with respect to that you know I'm I'm ready and willing
to help uh and I I would believe that most of us if not all of us are ready and willing to help in one way or another and in previous years we've had very largecale um Haitian Heritage Month events or a series of events throughout the month of
May. But what's significant about this year especially is number one it's our centennial and number two um for the first time in decades uh the Haitian national soccer team has made it into the World Cup >> and so you know that's a that's a really
big deal you know and we as a county are going to be hosting some of these FIFA games so there's a lot of different ways that we can you know um use the use these types of um uh events or these these types of uh issues or things that
are happening within our community as a catalyst for Haitian Heritage Month. So, I'd like to see more than just us using our contingencies perhaps, but something significant coming from the manager's office to assist in Haitian Heritage Month. So, that's my statement on that.
>> Commissioner Smith, >> I I just want to say for years and years, I can't remember how many I've always given the library money for my contingency. Plus, if I see something they need, I'll buy it for them as well.
>> But the most important thing, and thank you, Kentley, is to let the public know that every inicity is so important and we have to honor them. We just had an amazing thing for elderly. Amazing.
We've had for the oriental, we've had for any holiday. But the problem is funding. So doesn't have to be just the seven of us. If somebody is listening to this or knows somebody that they can tell
because they listen to this, you know, there's nothing wrong. What did they call those gofundmemes? I mean, there's nothing wrong with everybody contributing something to make it so that we show all of Date County when it comes to no matter where you're from,
we're going to celebrate you. Thank you so much. Thank you, Mr. Mayor. I'm not sure if the if um the manager can harpen on our conversations as it relates to this and it has been an issue even the past years
um with the previous administration to try to get more funding for the program or synergy amongst the the board and also uh the different departments that do celebrate u the heritage month. So, I don't know if you can speak to that point because I know this is a
conversation I've tried to have with Mr. Plotkin. Last year wasn't successful this year. Again, um I'm glad Miss Kentley brought this up again, but I can honestly say this is something that I've been frustrated by just because we haven't been able to really get to to a
consensus about it. So, I don't know if you can chime in. >> Absolutely. Thank you, Commissioner John, and thank you, uh Miss Yoshim. So, uh, Commissioner John did, uh, meet with my office to discuss her concerns, uh, with, um, the lack of prominence with
this particular event. Um, when I came on board as your city as your city manager, one thing that I noticed is that each department was working in a silo. Uh, so that month was February, several departments in the city of North Miami Beach held its own Black History Month event as well as the mayor and
commission. Um, so it's not a matter of finding new money, it's a matter of pulling resources. So my office, as I've met with all the department heads, um, I executed an initiative that we call one city, one team. And part of that one city, one team is doing things together.
So we have, uh, um, not quite wasn't quite ready for the announcement yet, but um, thank you. Thank you for the moment, Commissioner John. This is the moment is here, uh, for us to make. Uh I met with all the department heads and including the multicultural committee which we're very excited that they are
working with us with the city. Uh but we pulled resources uh all to all together uh to have one big pot and one big event to recognize Haitian Heritage Month. I met with uh Commissioner M uh Commissioner Bastianne, our county
commissioner. Uh we are also partnering with her office. She will be covering the expense for a $20,000 tent. Uh so we're very grateful for her and we're going to have um we're working on now putting together utilizing all the already existing funds that were
available in each department to do a Haitian Heritage Month event, putting them together and having one phenomenal event attentively scheduled for Saturday, May 1st. >> Okay,
next speaker. Oh, >> Saturday, May 2nd. My apologies. >> Next three signed speakers are Bruce Lamberto, Leslie Sardinia, and Maria Maria Hawk. >> Good evening, Bruce Lamberto, Eastern
Shores. Um, this is really addressed to all the commissioners here. Um, last about 6 months ago, our mayor went to to Japan, and I thought that was kind of really a poor use of our funds,
especially since we had to take $12 million of our reserves, emergency reserves to fill our budget gap, leaving us with 4.7 million left in emergency reserves, which is really like half a hurricane. But he decided to go on this trip. So, of course, he knew there was
going to be a public record request from somebody. So, uh I turned it in. It came back at $6,800 or so for the trip. Well, subsequent to that, uh the mayor turned in another receipt for $3,000 for a private cabin on uh on this trip to
Japan. So, not only did he fly first class, he flew in a private cabin that cost he's he's billing the taxpayers $3,000 for. So this trip turned into almost a $10,000 trip with no tangible benefits to anybody except him. You
know, there was he tried talking all of you to go into this trip and we're going to Japan. Sound like Oprah Winfrey there. You know, we're going to Japan. And of course, all of you are smart enough to figure out, hey, we don't we don't need to get near this. Um if you'll notice, all the all the
commission aids are here tonight except for one, the mayor's aid. You ever see her? You don't usually see her because she's working full-time in the city of North Miami. Yet, she's getting paid 29 hours a week here from North Miami
Beach, the mayor's aid. In the old days, they used to call this ghosting. Employee would come punch somebody else's time card. Some of the unions would have fake employees that they can collect paychecks from.
This is what's going on here. There's a request for the emails from this aid that I'm waiting I'm waiting on. I sent in a record request for her employment status in North Miami
twice and it just keeps not coming back because she works in the clerk's office over there. So, I guess it just gets put on the bottom of a pile. But you're all aware of this. You know about this now. this. We have an attorney here that's going to defend this man from being
censored. Think about that. That's not even part of the the discussion here. Think about censoring him for having this fake employee that we have over here and the trip there. You you this is the
reason you need to have commission approval for all trips outside the country and especially no first class. If you want to be first class, you pay for it. You want a cabin, you pay for it. This is just looting of the of the taxpayers's funds and it's unfortunate
that the leader of our commission is doing all this. Thank you very much. >> Speaker, >> Leslie Sardinia, >> give me one second. What happened? I'll take eight minutes.
>> Time it on your phone. >> Go ahead. I'm watching >> eight minutes. >> You may proceed, please. >> Lesie Sardinia, North Miami Beach for 26 years. That's actually my address.
Um good evening distinguished panels and everyone here. Uh first of all, Phyllis, thank you for putting the uh ordinance for the um
the puppy puppy mills. Uh it's so important as you can see my pups. Thank you. if you would please all vote for this because we should be adopting. We shouldn't be shopping.
Um, so thank you, Phyllis, for putting that on there. Michelle said to thank you, Joe. She forgot to to uh say that. So, but and I thank you as well for getting it on there and writing it for us. I appreciate it. Um,
I also want to say the noise noise ordinance would be nice because we do have a problem with that. We have, uh, a lot of issues with that, especially in Eastern Shores.
Uh, also, um, again, I keep saying it, the right turn lane between 26th Avenue and Biscane really does need to have writing on the pavement saying that that is a right
turn only because the traffic is unreal there. So, I guess there's people that don't know. They could be, you know, tourists, but that is really a nightmare that that gets stopped up there.
Um, also 164th and Eastern Shores, we've got people parking on the street that we can barely get by down when we get near close to 30th and 29th where I live. I wanted you to say something uh
positive. I know I don't think Coastal is here, but um my drivers for Coastal are just the nicest. And so I just want to put a good job to them. I mean, so so so nice. I mean, I do give them little Christmas things, but they are super
super nice people. And uh again, unfortunately that this is the way that it is in our city, but I feel like you should move forward with 11.9. Thank you. Next speaker. >> Good evening to everyone here tonight.
My name is Mara and I am a longtime resident of this city. Tonight I will speak about some concerns and um about what we are witnessing here
in this city. It's just um disagreement is not just politics. It is something far far more serious and far more dangerous.
It is the deliberate use of accusation not as truth but as a weapon. False claims of treat repeated narrative
decided to damage a person's name. Coordinated effort that appeal intended to destroy credibility not by fact but by fear. Let's call
this what it is. Th this is this is not leadership. This is retaliation. And under the principle of Florida sunshine law, this body has a duty, not
a choice. A duty to ensure that government government actions are conducted with transparency, fairness, and integrity. That concludes how allegation are
raised, discusses and used in public decision making. When accusations are made without evidence, when they are amplified in public settings and when they
conveniently target individuals who have consistently spoken out against wrongdoings, this raises serious concerns. Concerns about abuse of authority, concerns about misuse of
public platforms, concerns about uh whether the process of this city are being used to intimidate rather than inform because let's be honest about what is happening. The individuals being
targeted is someone who has repeatedly pointed out issues, concerns about conduct, concerns about governance, concerns about accountability and instead of those concerns being
addresses, we are seeing an attempt to discredit the messenger. That is not how transparent governments work. Under the Florida law, public trust is not optional. It's the foundation of
your authority. >> And that trust is broken when accusation are used strategically instead of respons uh responsiv responsibility.
Okay. >> So, okay. Let give me just 40 second because once an elected officer makes unverified accusation
against a resident of this city, the sunshine law is no longer serving its purpose is being undermined. And when true is replaced by fabrication and accountability is replaced by
retaliation. The damage is not just personal it is institutional. Do better demand better protect the integrity of this city before it's too late. Thank you. >> Thank you. Next speaker
>> David Zapen. David Zapen, founder of Zapen for NMB. though these days I know just I do a lot of ride share my luxury SUV. Wow. Um I
with all respect to the commissioners, Mr. Mayor, learned council and the clerks. I hoped I would just be here talking about the, you know, the elder abuse against seniors by the, you know, rampant phone calls, you know,
misleading or just incompetent, you know, but uh that's not today's subject. And um neither's the of the homeless and semihomeless that will be vectors for disease rather the rabies by mice or the
the next westnile disease by mosquitoes. But sure 11.9 I really hoped we wouldn't get anywhere near something like this after confusion at best scandals at worst with the various commissioners
back then. you know, council members, obviously the mayor and I have our differences, if only because, you know, I'm a Gen Xer and the mayor is not. Uh, I I ran briefly in the 23 special
election just to try to pull together the city and here we are all over again. And I hope that that 11.9 is unnecessary, but I I only brought my glasses and not my jeweler's loop.
Um, just like I'm looking at the phrase in God we trust. I when I call John Fugal Sling at night, I joke, I tried to be an atheist rabbi, but I couldn't keep the faith. I'm a little kid confused. Why that's there when it's everywhere else?
Are we back in a new cold war? Like it's 53. I say this someone with degrees from in history from Aliu and as a systems analyst from Miami Dade College. Please, I know there's all sorts of
culture clashes in play. But I I thought that the controversy now had been settled with, you know, the end of the what the PE cards that were allegedly misused some years ago.
We're supposed to be smarter than this and better than this. And as I see, we're 30 seconds in. Keep in mind that, you know, the tourists are leaving. So, as we, you know, we say happy Eid, happy Passover, happy Easter.
>> I hope the rest of us can try to be civil to one another. Happy holidays. Good luck. >> Thank you. Next speaker, Mabari Kazan.
Good evening, Mr. Mayor, commissioners, staff, residents, Mr. City Manager and Deputy City Manager. See this here? I have to wear this. Uh, my name is Mubarak Kazan. I
have to wear this because the sun shines through that shade into our faces. the mayor and council commissioners. It does not affect them, but it affect us. I I'll have to buy more shades if you do
not fix that. >> Thank you very much. >> I know. >> It reflects on us. >> No worries. >> Don't pick on him. He lost what? Um the police department they came up and
they give very good numbers for many years. I had advocated that we outfitted the police department with body cameras. Tonight we saw them in action singing Itsybitsy Spider and all of these nice
fancy things. Um, I ask that we also put the videos on the cars. And when I say advocate for the cameras and the bodies was since in 2003, that was 2026. I think they imp
they only implemented those videos about 3 four years ago and they're getting good PR with it. And we see that the numbers are going down. And the police chief and his staff is doing a fabulous job so far. I
want to repeat what my mother keep telling me about the speeding on 12th Avenue. We need to put some um traffic caling there. And also she noticed that when the neighbors they hire these people to clean up their their um
surroundings, they blow the the grass and weeds and so forth onto the road and that we have a special ordinance for that. that needs to be implemented. We have nice neighbors, but the people that come to clean their yard,
uh they they they blow their grass on the road and that needs that should not be in terms of um reszo 11.9. My personal feeling is that we need to continue the investigation
and after the investigation then we can get a reso like 11.9. My personal feeling, I just don't think that we should jump the gun, put more money into the investigations. I heard is all seven of you being
investigated and let's come to a feasible conclusion of of instead of jumping the gun and you know we you know only shooting ourselves in the foot year after year and if we do not learn something by now that you do not jump
the gun because it's costing this city a lot of money. We we paid out hundreds of thousands of dollars before to um like charter officers and so forth because we jumped the gun. Thank you very much for
having me. >> Next speaker, >> former commissioner Barbara Kramer. >> Good evening everyone. Barbara Kramer. I had no intention of speaking this evening. I mean, after all, if I say the wrong thing, maybe there's going to be a police report about me. But I guess it's
good to do this publicly so that there's witnesses uh and that what I'm saying is the truth and nothing but the truth. If anyone deserves a censure in this city,
it's the mayor. And let's not forget, other commissioners were censured. I was censured for a complete lie that when I asked for a public record request to
respond to the allegations about me, it came back not responsive or no reply or whatever it's called when there's nothing there to show because I never did the things that three of you said I
did. you didn't like the way I was acting and that's okay if it was perceived the wrong way and I'm apologize that you had even thought to perceive it that way. Those were some crazy times
but we have employees who have spoken the truth alleged truth excuse me. They have spoken to investigators
and let them know what they've gone through because of the actions of the mayor. And to discount that would be shameful. There's going to be an investigation. There'll be an end to it. And it'll
either be maybe ethics violations, maybe criminal violations, maybe no violations. All of this is is for each of you to let this mayor know and to stand up for the
employees that you don't approve what he's doing when he speaks out of turn. It's not his duties. It's a derelct of his duties when he's talking to directors and talking to the manager and not going through not the manager, the
directors and the and the managers of their department and not going through the actual city manager to talk to them. It's disgusting. So, yeah, there's a lot of stuff coming down the pike, isn't there? I mean, you guys should have watched C-SPAN, but no,
we're here watching this. two circuses happening at the same time. This is not okay. And the truth will come out like I've said it before because this is a repeat and a repeat and a repeat. You're just showing your disapproval.
This is not a trial. Show that you don't approve. Stand up for the for the employees for God's sakes. Happy Easter. Happy Passover. Mr. Mayor, that was We do not have any more speakers.
>> All right. Next item on the agenda is announcements. >> Hello. Good evening, mayor and commission manager and our residents. My name is Jasmine Joseph, the interim communications manager. Go ahead and
take it away. it. Good evening, North Miami Beach. The months ahead are filled with opportunities to connect, celebrate, and stay involved. From community events to key city updates, here's a look at what's upcoming as we
continue our centennial year and strengthen engagement across our community. Senior residents are invited to enjoy an afternoon of connection and community at the senior lunchon on Friday, March 27th from 11:00 a.m. to
2:00 p.m. Registration is required through the parks and recreation. The city of North Miami Beach is opening doors to opportunities with the key to the city workshop on Saturday, March 28th from 9:00 a.m. to 11:00 a.m. at the
McDonald's Center. This session is designed for home buyers, sellers, and investors, offering guidance on funding, ownership, and real estate strategy. Infrastructure improvements are underway along East Drive. We're milling,
resurfacing, and sidewalk repairs will enhance roadway conditions, pedestrian safety, and accessibility. This project reflects the city's continued investment in infrastructure with work anticipated
through the second quarter of 2026. The North Miami Beach Library is offering a variety of programs throughout the month of March for children, teens, and adults. Activities include educational workshops, creative programs, and
wellness classes. Residents are encouraged to participate and contact the library for registration and additional details. City continues to prioritize senior engagement with another senior lunchon scheduled for
Friday, April 26th from 11:00 a.m. to 2:00 p.m. at the Margarine and Williams McDonald's Center. Registration is required through Parks and Recreation Department. Special commission meeting will take place Tuesday, April 7th from 5:30 p.m. to 7:30 p.m. at City Hall.
Residents are encouraged to attend and stay engaged in key city decision. The North Miami Beach Library continues its programming in April with events and activities for all ages, including learning opportunities, creative
workshops, and community focused programs. Residents can contact the library for more information and registration details. North Miami Beach is celebrating culture, history, and community at Washington Park Heritage
Day block party on Saturday, April 18th from 9:00 a.m. to 6:00 p.m. The Centennial event will feature live entertainment, a DJ, face painting, bounce houses, and a familyfriendly activity throughout the day. Hope to see
you there. In celebration of National Arbor Day, the city of North Miami Beach, in partnership with the beautifification committee, will host a tree giveaway on Saturday, April 25th from 9:00 a.m. to 1:00 p.m. at the
Senator Gwen Margolas Amphitheater. Residents can receive trees while learning about sustainability and environmental stewardship. The next regular city commission meeting is scheduled for Tuesday, April 21st at
6:00 p.m. located at city hall. Residents are encouraged to attend and participate in shaping the future of the city of North Miami Beach invites entrepreneurs and small business owners to attend the small business summit and
expo on Wednesday, May 6 from 10:00 a.m. to 3:00 p.m. at City Hall. The event will feature workshops, networking opportunities, and business resources. Registration is encouraged through the provided QR code.
Residents are encouraged to stay informed by signing up for the city of North Miami Beach text messaging system. Real time updates, alerts, and community information are available by registering
online or scanning the QR code provided. As the city looks ahead, it's all a part of our centennial celebration and continued investment in keeping our community connected and informed. For more information on these events and
other city initiatives, visit the city of North Miami Beach website or follow us at cityn on social media. Stay connected, stay informed, and continue celebrating 100 years of North Miami Beach.
>> Madam clerk, next item is >> commission reports. >> Commissioner reports. >> Commissioner Shernoff. Good evening everybody. Hopefully everybody's having a good time and is looking forward to the holidays. All right, colleagues, we recently
received an email from the former chief of staff um outlining finan chief financial officer outlining several concerns on the operation of the city. Um the city manager wasn't present at that time. So, I'm asking the city
manager to please um look into these actions and report back to us because we need transparency and everything and everything that he, you know, accused the city of doing or having problems with. So, I appreciate that. Hopefully,
my colleagues will agree. >> Okay. Um, to Irene Pillinger, if she's still here, um, so sorry for the passing. I can't see her. >> So sorry for the passing of your brother, Don Suckner. Um, you know,
nobody likes to lose a family member and condolences to your family. The Heartwalk, the bike 305 were both very successful. Congratulations to all of us for putting it on. Um the residents all came out in droves and we
appreciate that. Uh Michael, uh Mr. Mayor, you I'm upset that you have not corresponded or talked to our manager. He is your manager and you need to work with him. >> Um
um I spoke with him in his office. If he's telling you that I haven't spoken to him at all. >> Yes. um uh through the mayor to Commissioner Chernoff or to uh Commissioner Chernoff. Um I was asked if you and I have ever had any meetings or have you ever responded to my emails and I did answer
in the negative. >> Okay. Um what the most recent email was >> yesterday? Yes. >> Okay. >> I have not received a response. >> Okay. I mean is there a concern that >> Well, you understand that I know you didn't want him. and you didn't vote for
him and you're not talking to him for a month already is >> no the city's running like at the end of the day he's supposed to be running the city my job is not to engage and if I don't have anything to add to it and I don't have any complaints
>> well in in past the mayor and the city manager worked hand in hand >> well no forward >> to be clear because I don't want to take too much of your time what I've because I've I've listen to as much as I can in regards to Lisha's discussions of what
my role should be. You can't have it where I'm trying to be as an advocate or to speak on and then try to punish me for certain things when it comes to like I just want to get c and I I'm not trying to um take away from how you advocate and how you move
or what have you, but his job is to run the city. >> It's not my job. It's not my job. It's not that is not my job. That's not your job. That's not anybody's job. Now, if I have a concern, I'll reach out to his office or or I'll communicate to my aid to reach out to his office in regards to coordinate, but my office is my aid has
been in correspondence with his office substantially. Certain things I have to execute, grants, that type of stuff that's been going on in regards to like top level stuff, but had no reason to. >> Mr. Mayor, you and the manager should
make the agenda for all of us, and that's not happening right now. And the manager is not somebody you can't talk to. He's your employee. >> I'm not saying that. But to your point, like if I don't if he's running the day-to-day operations, right? What do you what do you envision my role to be?
>> Discussing things that you want are concerned about the community or want to be done. That's the person you talk to. That's the person we all talk to. >> But I can't at the end of the day, it's a co it's a group that gives him direction to move one way or another. I
haven't had an opportunity to say it in a group setting, but if I want a direction, the proper role would be as a commission. >> Yes and no. >> Okay. >> Okay. We are seven individuals that have are his boss
and so we can call him at any time, speak to him at any time and deal with him at any time. We can do it as a body also and give them direction from this deis but individually each one of us has spoken I'm sure with the manager and had
conversations with the manager that's just our job. >> Okay. >> That's my opinion. >> Okay. >> Okay. >> All right. Hame. Happy Easter everybody. Enjoy your
holidays. Commissioner Florimmon. >> Uh, thank you, Madame Clerk. Um, first of all, happy Women's History Month. >> Thank you. >> You're welcome, Commissioner Smith. >> Thank you.
>> Thank you. >> Yes. Yes. So, you know, you guys are everywhere. like literally it doesn't I mean department heads um commissioners leadership here I think is majority female and so you know you know
that says a lot that says quite a bit so um you know it it's I I think it goes without saying but it's important to really honor and show respect for the grit the grace and the generosity of uh women and you guys are really the
heartbeat and the pulse of a nation. So, thank you all for all you do and once again, happy women's history month. Um, we are we are in a season of uh celebrating Ramadan, Palm Sunday, and Passover. So, whatever your respective
beliefs are, you know, um I encourage everyone to take the time to um just uh reflect and look forward to a fresh and new start during this um during this season. So, uh, happy Passover, Palm
Sunday, Easter, Ramadan, and all other, um, uh, holidays that are being celebrated around this time. Uh, aside from that, we talked about Haitian Heritage Month already. Heartwalk was amazing. Um, and also since they're having a Heartwalk in
December, I think that we should probably have a team NMBB Heartwalk so that we can raise money specifically for that uh, for that December walk. Um the the city used to participate also in the I think the Mercedes Benz walk um at some point. I
don't know if they still do that. Do do we still do the corporate walk? >> It's coming up coming up >> the year before. So this can be similar to that but raising money for the uh heart association. Aside from that um
uh our condolences to uh Miss Pellinger and her family um and friends of the library. we do hear you and um you know looking forward to having more conversations about what the future of the library looks like and um that's it.
Let's hope I don't want to say an expedient meeting but let's hope we can get out of here by midnight. Thank you >> Commissioner Jean. >> Thank you so much. Um wanted to thank Commissioner Furmont for the Women's History Month reference and to all the
ladies who lead um we honor you today. In addition to all of the uh city employees, you know, everything that we do is a team effort. So to all the departments, thank you for the efforts that you've been putting out to make this city the great city that it is. I
wanted to uh congratulate the police explorers. There was a promotion ceremony yesterday which I had the pleasure of attending and it was really refreshing to see um these young people from our community serving and and giving their best. I also wanted to congratulate the police department on
the new marine vessel that we've all been advocating for uh since 2024 and finally tomorrow the grand reveal of that vessel. So kudos to our police department for this great endeavor. I had the pleasure of attending the
National League of Cities recently um and learned about two huge grants that I would love for our city to um put in for which are transportation grants, the basic and the build grants. So these two federal grants are going to be coming down the pipeline and we're looking
forward to seeing how our public works and city manager's office can work towards um getting us some funding for transportation. I also wanted to chime in on the Washington Park saga, if you will. Um, during this last six years,
uh, we've seen the most movement in Washington Park, but I will, uh, take this moment to chastise our departments who have dropped the ball as it relates to the procurement process and this legal uh, conundrum
that we're in. So the question also is if we approve tonight since it's not authorizing what would happen to the Wednesday hearing that's you know it's not clear and so when we don't have clarity we can't move and we delay further which is
unfortunate for the community that awaits. So six month delay seventh month delay it has to happen during this tenure. So, this is the time and I wanted to put out put that out there because when you guys received the first bids, you knew
who came in the lowest. So, whatever we're doing, whether it's the water department, police, public works, the lean program that I've been waiting on, we have to be serious about the work that we're doing. The sugar coating it,
dancing around the issues, pointing the fingers is not going to get us to where we need to go. That leads me to home rehab. This commission had put money aside for residents to get roofs and windows. That
program has been put on hold. Why? We need to We need to But then we have We're trying to approve $96,000 for ribbon cutings. It has to make sense for the residents
at some point in time. We want to point fingers at the mayor. The mayor knows what he needs to improve on, but the residents need us to actually act. And this is where we are today. So, Mr. manager, the challenges in your court um to really communicate with us as you've
been doing, but more so more aggressively so that we can actually move these projects forward and give answers to the tax base of this um great city. Um what else did I want to talk about?
Uh Miss Pellinger, condolences to your family and also for our NAB community. Celebrate your family. my my neighbor who's n was 95 years old passed away this week. Um you know time is precious and when we come here to to govern this
city we I want to also honor our families who we leave at home to come and serve. So take this holiday to really celebrate your family, celebrate faith and thank you for being here tonight. Commissioner Smith.
>> Thank you. Good evening everybody. Good evening. >> Uh, happy Passover, happy Easter, Ramadan. Just every every single person that
comes through our city, lives in our city, plays in our city. We wish them nothing but joy. You know, when you're at your holiday celebrating, remember you're making memories. If you yell at the child because they dropped their fork, you made that memory, too.
So remember instead to tell him I always drop things and help him pick it up. That's a good memory you'll leave for him. Okay, I've got a few things to talk about real fast. There's a new building that Well, it's was a bank building on
123rd and Northeast 16th Avenue, maybe 124th. And that just I went this past weekend as they opened it. It is a small business for well it was for women but
because of diversity it has to be for everyone and it is for everybody for day county. There's one in central Florida and now we have one in Dade County. So if you're thinking of opening a small business or you started it but you're
running a little bit on the wrong side. They will help you get grants. They will help you find a place to put it. They will help you with your budget. all for our favorite four-letter f word for free. So that's a marvelous thing for
everybody to know that if you are in the beginning of a business or if you're in the need. So as an economic development liaison, I would like the manager and the attorney to work with the North Miami
Beach Chamber. Um we're going to get to it. the economic development um resolution that was in the packet, but I pulled it because I have an idea and when we get to it, I'm going to
share that idea and I would like the attorney and the manager to work with the chamber and I think it's a win-win for everybody. Big Brothers and Big Sisters is coming to North Miami Beach thanks to our manager. Big Brothers and Big Sisters is
coming right here. We're going to have mentors here from the city. Which brings me up to if you cannot do that for a child, what a commitment once a week, once a month. Maybe you could do something in the summer. Maybe your
business can have somebody in the summer to follow and to inspire them for their to go into your whatever you do. So, let's not forget these young teenagers, these young adults that really they just
need somebody to help mentor them onto the right path. The Heartwalk and the Bike 305. Okay. If you don't come, then you don't get a raffle ticket. And if you don't get a raffle ticket, you don't have a chance to win one of the 20 bikes. And if you don't have a child,
you could give it to your neighbor's child. You don't get to see all the booths. Walk 305. You don't get to see everything for a health walk. That is there to take your blood pressure, to take your cholesterol. You know what? We had a huge turnout.
Not enough. Next year, we have to do more and more because it's not for us. It's for you. Take advantage. It's our favorite four-letter f word. Free. You can you can enroll and but if you can't
pay, you're welcome to come and walk with us and enjoy the booth. Okay. Women's History Month is a very funny thing to me because when I went to that opening, the moderator was a man until he got stuck
and his partner, the woman, had to come and fix it. So, you know what we say, it takes a woman, it takes a woman. that it was proof right there in front of my eyes. We're very excited. They honor women and we should honor men as well. Um, I just want to also say something
about garbage. Why not? I got a call I got from one of our residents, Jeb, and thank you, Jeb. Um, an email that he would like us to start where our garbage will go to homes of disabled and take
their trash can from the back or the side of their house. Or our garbage, if you're single, physically, maybe mobility impaired, they will take care of your garbage. I thought it was
fabulous. Dade County does it. Hollywood does it. So, I got a return call from Coastal and guess who else does it? North Miami Beach. North Miami Beach has that in right now. I'm going to try to add I'll ask the attorney how we can do
that and Coastal to add that if you have mobility issues as a single elderly person that they would be included. But right now, if you have disabilities, you just have to register. I think 12 people registered. Um, let me just finish up
real quickly on we are getting more grants. And I just want to tell you that charter review had its second meeting. If you have suggestions for charter review, but you didn't have the time to be on the committee or wasn't selected, please
just email us and we'll get your select. you'll get your ideas that you think would be well for the city to change in the charter to the charter committee. Now, here's the problem I'm having. Centennial is faster than you think. All
of a sudden, you wake up one day and we're talking about July 4th. So, we really have to get moving on what we're going to do. We have to get those signs up. We have to order those signs. We have to we have to move. So, um, I
just can tell you that there's a lot of moving pieces here, a lot going on. And you know what? If you don't participate, enjoy, and just love your city for what they're giving you, you're losing out.
And the only thing I do have, it's been a month, Mr. Manager, and I just thought I would tell the public my complaint. Do you think it's prudent for the manager to call me at 12:00 or 10 on his way home from work? We're talking
midnight. He is here every night. You can catch him here between 9 and midnight. Working, working. So, I want to tell you something. We haven't seen this. We're seeing it now. I'm excited to see Fourth of July and
look back and see how much you've accomplished. I really am excited about it. So, I appreciate all of you for allowing me this time. We have a lot going on and I want you all to be included in it. If you need anything, please call me, call my assistant. Any
one of the seven of us would be happy to help you. Happy to help you. Have a great holiday and be safe. >> I wanted to piggyback, Commissioner Smith. Actually, the big brother, big sister was my idea, not the managers. >> Oh, sorry. Well, well, I thank I thank
you so much because my brother, may rest in peace, was a big brother for about eight or 10 years and I don't know who got more out of it, the young man or my brother. So, I really thank you and I I
tell you, Commissioner Jean, there's so much need in this world and for people that have a little bit of time and give it, well, we appreciate you and thank you for bringing forth. Commissioner Sue. >> Good evening everyone and thank you to all the residents who came and made
public comment today. Um I always learn a little bit more about what your needs and wants are and what's your focus. Uh earlier this month I had the opportunity to travel to Washington DC for the National League of Cities with um Commissioner Jean. Um it was productive,
insightful. I tried to spread myself out in committees where she wasn't attending. So she was in transportation, I was in energy um and and infrastructure resources. So um there are federal grants opport federal grant
opportunities there as well. There are water plants in other states that have received $390 million in grants and definitely I have spoken to the manager. We are definitely going to tap into that so we could take care of the forever chemicals that are in our that our water
plant needs to get rid of as well as um making sure that we update our infrastructure. So there is real funding there especially in areas of infrastructure, housing, community development, including um helping with
homelessness. So there's that. Um, one key takeaway that that conference was the urgency of affordable housing uh across the country now we're facing same pressures. I mean it's not just North Miami Beach that you see this. It's not
just Florida because we have an influx of out of sters, but it's also because like it everywhere it's happening at the same time. So definitely um through pro through very thoughtful public private partnerships, strategic zones and better
use of federal programs, we are serious about keeping North Miami Beach accessible for working families. I want you to be able to live near your family, your kids, and your grandkids in the future. Um closely tied to that is the issue of homelessness. As I mentioned, it's complex. It's not insurmountable.
Um, what's clear in this progress requires coordination, consistency, and follow-through. These are areas where local leadership truly matters, and I look forward to bringing forward ideas in the future. At the same time, I do want to acknowledge that we do have to
we have work to do in as a commission. Several items and ordinances that have been directed in this body have not yet come back for consideration. And at some point we have to ask when direction is given why are we not seeing timely
execution because delays in legislation are ultimately delays in delivering to our residents. I had a very interesting ordinance that I wanted to pass in the first reading in this month and I had submitted this to the administration
since January and I had lastm minute thoughts about saying that this had to go through the PNZ first. That is unacceptable to me because I think that if I had submitted it in January, I should have found out about this sometime in February and not two days
before the commission meeting. Um, I remain hopeful uh that we can work through these challenges with professionalism and shared commitment to doing what's best for our community. As we head into the coming weeks, I also want to extend my warmest wishes to everyone celebrating the upcoming
holidays. So, um, happy Passover and those who observing Easter, happy Easter to everyone. And as long as we're talking about free stuff, um, I want to reiterate, every month you have an opportunity to get your health checked
out for free. If you do not have, you know, if you're not covered by certain Medicaids or whatever it is that you're missing in your SNAP and, you know, your SNAP benefits, please come. I've had people who had high blood pressure. They prescribe drugs for free. If you work
part-time in the city and you don't qualify for any health care, please use the UMC free health care. They will prescribe your drugs. They give out insulin, any drug test that you need or any blood test that you need. It's only
$30. So, no insurance, no problem. NMBB's got you covered. So, UMC free clinic this um Saturday, April 11th from 11:30 to 2:30 at Washington Park. So, I hope to see you there. And of course,
just a little preview, save the date for Asia Night Market. Again, we have it Asian Night Market. Everybody loved it. I get so many emails. People love the event and we're bringing it back May, just in time for Asian Heritage Month,
May 16th and 17th. So now our manager has to execute. You can't run away from that one. All right. Thank you very much, >> Vice Mayor Smuckler. >> Good evening, everyone. Um Irene, my condolences to the loss of your brother.
Was Was he here or was he in Israel? I'm so sorry you couldn't make it there. So sorry. I also want to give my condolences to the family of Michael King. Um, Michael lived grew up in Highland Village for how many years,
Trisha? >> Approximately >> 20 four. You said >> 26 26 years. Um, you may have heard there was an accident on Biscane in
North Miami um maybe two mornings ago. >> Yeah. And that was um Michael. Um our condolences to his family. I want to thank the um office of Tomas Regalo, the property appraisers office. They were
here like two weeks ago um at Allen Park. We he he helped over 400 people. Not necessarily were they all our residents, but the fact that they were coming um to Allen Park. Most likely the
majority of them were our residents and um Commissioner Smith and I got to speak to many of them and I think they were a good majority were residents and uh thank >> grateful. >> Yes, I'm very grateful and and thank you um for Parks and Wreck for um setting
that up for them. It was really good. And also thank you to Parks and Wreck for the Heart Health Walk. Um for those of you that weren't here for the commission conference meeting, um we gave a check to uh the American Heart
Association for a little bit less than $1,200. And that was money that we raised at the Heart Health Walk that we um gave to them. And next year we're going to raise even more and the year after that even more. All 100% goes to
the American Heart Association, but we couldn't have done it without Parks and Wreck. So, thank you so much. Uh we really appreciate all the work that they they put into everything. Happy belated birthday to Commissioner Jean and happy
early birthday to Commissioner Chernoff. >> Wow. >> Right. >> Yeah. So, um, happy Passover, a good Friday, happy Easter, and, um, the mayor, I think what what, uh,
Commissioner Chernoff was trying to say is that the the manager doesn't bite. He's actually a good guy. He's actually a nice guy, and I I actually think that the two of you would be able to get along. So, sometimes there's a swallow of pride, and maybe this is the time to
do it, and meet with him. you'll see that um that you guys could actually work well together, but that's your choice. Nobody's forcing you to or or asking you to or suggesting it. All right. And have a good night. And thank you to the police department for always
taking care of our families, our residents, our visitors, and our businesses and our employees. >> Mayor Michael Joseph. >> Thank you, Madam Clerk. Um to to your point, I just kind of want to clarify something. U Mr. manager, how many emails have you sent specifically to to
me directly specifically to me because I because it's only been one because I I just church it's only been one email to me and that was yesterday, right? >> That is correct. So I just want to make that very clear. That's the first time that's ever happened. I I the email came in yesterday. It was regarding um the
the >> HB14 HB4 that particular piece of legislation and he was asking if I had any ideas and in strategy to to opine that was the first and only time. So I don't want the way it made it seem No, but you made the way the I don't want
the perception is that he's been hitting me up or following me. >> No, he hasn't. But we've all met with him. We've all made it a point to meet with him and you haven't. >> All right. like >> and he's not he's not complaining. He didn't complain to me. I don't think he's complaining to anybody else. But,
you know, you're the mayor. He's the manager. If if two people should be talking, it's the two of you. That That's all. I I don't even want to discuss this anymore. We have a meeting. It's 9:00. >> Yeah, it is 9:00. Uh look, um again, I will be engaging in that
conversation because I know how important that piece of legislation is in getting it vetoed. Um, I have ideas, but I just haven't had a chance to delve into it with the new administration. I was letting letting them have an opportunity. I did meet the the
assistant city manager >> deputy deputy the deputy city manager at another event. Um, so it's not like we haven't had discussion. I did have a we did have a meeting, did we not? >> Yes, we did. So, I just want to make sure that that it's not that I haven't
reached out to his um um to his um administrative staff. It's just that we haven't had I don't know what because I don't ask about what your discussions are with him or I assume you guys are doing what you're supposed to do at the end of the day. I just have my my own style in that sense. But it is it is we're at 9:00. I want to move this
meeting along. Happy Hanukkah. Uh I was about to say happy Hanukkah. Uh good Passover. Um good Easter. Uh Ramadan in that sense. Uh and my condolences to people that have lost family members. I was, you know, um, to Miss Hiller as
well as I was at a at a funeral for the, uh, the young man that passed away. Um, myself and Commissioner Flormont were there. Um, >> no, if you want to add because I know we're both there. >> Yeah. Um, so, you know, I think it's
important that we that we hearken on this because, uh, next month we're we're going to be, um, recognizing autism awareness and I think that's on the agenda. Yes. item 9.7. And um and so, you know, it was it's
unfortunate because we all stood here together and honored our police officers who worked very hard to give um Mason a chance, a fighting chance. And so, you know, it wasn't long after that that unfortunately
>> um he lost he lost his battle. And so last week um um Mayor Joseph and I did go to um his uh funeral service um and uh showed some support and along with some of our command staff. >> Yes, they were there as well. >> So you know being that autism awareness
month is next is next month. I think that we should honor um the young man's memory as well uh during the month of um of April. >> Thank you. I um that what you passed that we'll pass in the consent agenda.
My autism thing was the flag to be flown for a month and if it can't be flown here maybe at the library. One of our librarians has two autistic sons and I think that it touches every one of us and their families. >> Yeah. She's already made arrangements
with um Commissioner Regalado's office to um fly it >> my assistant send for that and and um vice mayor >> send for Raquel Regalado to come next month which I we I would she just called first but
>> uh she also has brought her daughter who's a beautiful girl with autism and and I appreciate you going and I appreciate you being with a family >> that had nothing but love for their boy >> and then they ended up with such
tragedy. So, thank you both. >> You know, the the this young man, six years old, >> was was the only surviving triplet. >> Yeah. who went through the, you know, through the process of, >> you know, um, you know, just being just fighting for his life, you know, um,
and, you know, um, yeah, he's he's he he he made it only to be have his life taken away by somebody who um who who didn't have, you know, there's not much I can say about that, but um, except that it's
it's horrible. It's horrendous. a lady that bakes cakes had an autistic child and she started baking cakes with autistic children. Not to minger this, but um you know they're so happy and they're so productive and we just got an
email that they can they're honest and they're hardworking and again if you have a place in your business to hire them and teach them and mentor them, you know what? You get much more out of it than they do. U madame clerk, next item is consent.
>> Consent. >> Thank you. >> Attorney to approve the consent agenda. >> Second, >> mayor, if I might. Um, item 9.1 is the commission conference minutes of February 17, 2026. Item two, regular
commission mean minute meeting minutes of February 17, 2026. There are no Eastern Shores items tonight. Item 9.4 before was pulled for discussion. So, we'll get to that after we do consent. Item 9.5, resolution number R,
2026-32, authorizing the city manager to enter into a memorandum of understanding with the Big Brothers Big Sisters of Miami, Inc., sponsored by Commissioner Jean. Resolution, the mayor and city commission in the city of North Miami Beach, Florida, authorizing the city to enter into a memorandum of understanding
with Big Brothers Big Sisters of Miami, Inc. to provide mentoring services to high school and youth to high school aged youth, excuse me, who are residents of the city of North Miami Beach, providing for the approval of a memorandum of understanding with Big
Brothers Big Sisters Miami, Inc., 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. Item 9.6 was also pulled for discussion. and
we'll get to it after consent. 9.7 resolution number R2026-34 recognizing Autism Awareness Month and World Autism Awareness Day sponsored by Commissioner Smith. A resolution of the mayor and city commission of the city of
North Miami Beach, Florida, authorizing I'm sorry, recognizing Autism Awareness Awareness Month and World Autism Awareness Day. Authorizing the city manager or designated to do all things necessary to effectuate this resolution, providing for conflict, running for
scrutinous errors, providing for severability, and providing for an effective date. Item 9.8, 8 resolution number R2026-35 approving a task order for professional engineering services to provide owners
representative services for the smart utility performance contract implementation phase there should be a phase number but I don't see it uh sponsored by the city manager a resolution the mayor and city commission in the city of North Miami
Beach Florida approving a task task order for professional engineering services to provide owners representative services for the smart utility performance contract implementation phase. That's the implement implementmentation phase in an
amount not to exceed $462,132 with Ardura Group, Inc. under the continuing services agreement for professional consulting services and authorizing the city manager or designate to do all things necessary to effectuate this resolution providing for
conflicts providing or and subject to the budget appropriation and availability of funds providing for scriveners errors and providing for an effective date item 9.9 resolution number R2026-36 approving task orders with Chen Moore
and Associates for uh Inc. for professional engineering services for trafficcoming studies, design and permitting at various locations sponsored by the city manager. Resolution the mayor and city commission city in North Miami Beach, Florida
approving task orders for professional engineering services for trafficcoming studies design and permitting at various locations within the city in an amount not to exceed $163,500 with Chenmore and Associates, Inc. under
the continuing sub services agreement for professional consulting services and authorizing the city manager designated all things necessary to effectuate this resolution providing for conflicts and subject to the budget appropriation and availability of funds and providing for
an effective date. Item 9.10 resolution number R 20 uh 26-37 approving a purchase order between the city and Playcore Wisconsin Inc. DBA game time for the Columbia Park
resurfacing sponsored by the city manager. Resolution of the mayor and city commission of the city of North Miami Beach, Florida, approving a purchase order between the city and Playcore Wisconsin, Inc. DBA game time for the Columbia Park resurfacing in an
amount not to exceed $111,475. Authorizing the city manager 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 item 9.11.
Resolution number R2026-38, approving a purchase order with Rectian International Trucks, Inc. for the purchase of a chipper box sponsored by the city manager. resolution of the mayor and city commission of the city of North Miami Beach, Florida, providing
a a pro approving a purchase order between the city and Rectian International Trucks, Inc. for the purchase of a chipper box in a budgeted amount not to exceed $144,94 authorizing the city manager designated all things necessary to effectuate this
resolution. providing for conflicts, providing for scrutinous errors, providing for severability, and providing for an effective date item 9.12 resolution number R2026-39 approving a change order of the contract with Southern Underground Utilities, Inc. for Washington Park Pump Station
and Force Main Project sponsored by the city manager. a resolution of the mayor and city commission in the city of North Miami Beach, Florida, approving and authorizing a change order to increase the contract expenditure by a not to exceed amount of $57,384
the Washington Park Pump Station Enforce main project with Southern Underground Industries, Inc. Authorizing city manager designated to do all things necessary to effectuate this resolution subject to the budget uh appropriation and availability of funds providing for conflicts providing for scriveners
errors providing for severability and providing for an effective date item 9.13 resolution number R2026-40 approving a purchase order with Vermeier Manufacturing Company uh DBA verier corporation for the purchase of a stump grinder sponsored by the city manager
resolution the mayor and city commission The city of North Miami Beach, Florida, approving a purchase order between the city and Vermeier Manufacturing Company, DBA, Vermeier Corporation, for the purchase of a stump grinder in a budgeted amount not to exceed 91,216
authorizing city manager or designated do all things necessary to effectuate this resolution providing for conflicts, providing for scrimmers, providing for severability, and providing for an effective date. Item 9.14, resolution number R2026-41,
approving a purchase order with Vortex Services LLC for filters number one and number two, rehabilitation. I'm sorry, number one and number eight, uh, rehabilitation sponsored by city manager. resolution of the mayor and
city commission of the city of North Miami Beach, Florida, approving a purchase order for filter rehabilitation services through a piggyback contract with Vortex Services LLC in a budgeted amount not to exceed $271,282
authorizing city manager designated to do all things necessary to effectate this resolution providing for conflicts providing for scriveners errors providing for severability and providing for an effective date item 9.15. 15 resolution number R2026-42
approving a purchase order with Found Design LLC DBA Mary I think it's Mary for the development of a gateway and wayfinding program sponsored by city manager resolution the
mayor and city commission of the city of North Miami Beach Florida approving and authorizing a purchase order with found design LLC C DBA maybe it's merg >> however it's pronounced me RJ for the
record for the development of a gateway and wayfinding program in a budget amount not to exceed $111,000 authorizing city manager or designated do all things necessary to effectuate this resolution providing for conflict providing for scurviness errors providing for severability subject to the budget appropriation availability of
funds and providing for an effective date item 9.16 resolution Number R2026-43, approving a purchase order with Environ Waste Services Group, Inc. for storm water pipe video inspection and cleaning
services sponsored by the city manager. Resolution of the mayor and city commission of the city in North Miami Beach, Florida, approving a purchase order between the city and environ waste services group, Inc. for storm water pipe video inspection and cleaning services in an amount not to exceed
$60,000. Authorizing the city manager designated to do all things necessary to effectuate this resolution providing for conflicts providing for scrimage errors providing for severability and providing for an effective date. Item 9.17 resolution number R2026-44
approving an offsystem construction and maintenance agreement with Florida Department of Transportation FOD sponsored by the city manager. Resolution the mayor of city commission city of North Miami Beach Florida approving an offsystem construction and maintenance agreement the Florida Department of Transportation FOT
providing a m for maintenance responsibilities providing for authorization and providing for an effective date item 918 resolution number R2026-45 approve approving a purchase order with
Anthony Brunson PA for financial and budget administrations sponsored by the city manager resolution the mayor and city commission of the city of North Miami Beach, Florida, approving a purchase order between the city and Anthony Brunson, PA for the purchase of financial and budget administration and staff augmentation services in an
estimated budget amount of $120,000 authorizing city manager designated all things necessary to effectuate this resolution providing for conflicts providing for scriven service providing for severability and providing for an effective date item 9.19 resolution number R2026-46
approving a purchase Order between Smith Equipment and Supply Company for a purchase of one street sweeper sponsored by the city manager. Resolution mayor and city commission. The city of North Miami Beach, Florida, approving purchase order between the city and Smith Equipment and Supply Company for the
purchase of one street sweeper in an amount not to exceed $393,145. Authorizing the city manager designated all things necessary to effectuate this resolution providing for conflicts providing for scrutin providing for severability providing for an effective date. Item 9.20 20 resolution number
R2026-49 resolution the mayor and city commission of the city of North Miami Beach Florida authorizing a budget transfer within the adual annual budget for fiscal year October 1st 2025 to September 30 2026 in
the amount of $200,000 from salaries and related benefits accounts to professional services account within the public works department to support staff support staff augmentation services acknowledging that 00,000 has previously been transferred under the city manager's budget control authority for
the same services for a total transfer of $300,000 providing for implementation providing for scriveners errors and providing an effective date. That is the consent agenda >> second I >> move to we have I'm sorry we have to go
back for 9.4 four and six, two polls. >> I thought that was going to be put at the end. >> I'm sorry. >> Wasn't it going to be put at the end? >> Typically, those polls are put at the end of consent agenda because there's they're consent agenda items that are pulled for discussion, but during the
consent agenda. >> N item 9.4, 4 resolution number R2026-27 authorizing city manager to utilize funds allocated to economic development to implement a new business initiative sponsored by commissioner Sue a
resolution the mayor and city commission city of North Miami Beach Florida authorizing city manager to utilize funds allocated to the economic development department to implement a new business initiative providing for program elements providing okay excuse me including monthly selection ction of
new businesses for promotional and operational support, providing for administrative implementation, providing for conflicts, and providing for an effective date. Someone needs to move. >> That's your
>> motion. The mayor >> move to approve. >> Oh, move to approve. >> Second. >> Commissioner Smith pulled it. Yes. >> Okay. I pulled it for several reasons. Um, number one,
>> we have an economic development committee. So, I heard what Commissioner Sue said, but I think when you have a committee and these people are volunteering, things like this should go for before the committee first and they can give you some suggestions and they
can give some discussion that may be very valuable to us. We have something coming up now that was a 4-1 vote of planning and zoning. And when I spoke to the no vote, I learned something new that was important. So I think it should go through the committee number one. But
the biggest thing is um I think we always say in our resolutions what the manager in in number section three administration is authorized to establish eligibility
criteria, application procedures, selection standards, funding thresholds and administrative guidelines necessary to implement the new business initiative in a fair and transparent and fiscally responsible man. We always spell out in
the resolutions. What what are the procedures? What are the selection standards? Why aren't we spelling it out here so people will know? So those were my things why I pulled it. But then thank you Barbara
Kramer. I give credit where credit is due. We discussed this and she said you know the chamber's role is this promoting the chamber should be involved and I said you know light bulb
why in the world and we it was a an idea that really would be a for a forerunner of businesses starting up instead of North Miami Beach getting involved buying signs that they're only open
three months, trying to put more employees to help them when we have a brand new Dade County business that will help them getting them grants. I went to the president of the chamber and I spoke to Evan Piper that maybe the
role for North Miami Beach and I'm going to bring it up in the next economic development should be that we pay the first year of their membership in North Miami Beach Chamber. It's a winwin.
The chamber grows. New businesses get to meet other businesses. New business come in so it's not so stale for the same people and same people. Ah, how much is the dues? Oh, Evan Piper, if North Miami Beach,
you start a business in North Miami Beach and you are getting paid from the city for the first year, you have to give us a discount. you have to give us less fee because we
support North Miami Beach Chamber with money and it's it's $375 to join at the lowest rate. There's all kinds of higher rates and $20,000 the first year to help them with
materials and printing. If you have a ribbon cutting, you pay a little extra, but they get about 40 or 50 people at their ribbon cutting. We get at our ribbon cutting, we just had an ice cream parlor and there was four employees, the owner and her two
workers. So, the thing is is it's a win-win for the chamber. It's a win-win for new businesses. It and I appreciate so much what you put into this, Commissioner Sue, but I think it eliminates it. They're going to get the
help they need. They have a brand new gorgeous facility to go to for free. That's a Florida facility. And the chamber wins because they're going to get new business, new employees, and not new members. And not
just new members for them, but the people that are already there month after month after month are going to get to really have new blood. So I'm asking the attorney and the manager to work with the chamber and he has to take it
before his board. I want to take it before economic development. But I think within the next 60 days we should implement something where we the city we have a million dollar budget. Um, rather
than taking $100,000, $96,000 to help new businesses, we're just going to pay maybe $200 to 250 per business, new business that comes in and help them thrive and give them everything that we're
supporting. We're going to give them the advertising through the chamber. We're going to give them the support through the chamber and it's a win-win. Commissioner Jean. >> Thank you so much, Vice Mayor. I wanted to echo a lot of the sentiments Commissioner Smith mentioned. I did have
a conversation with the manager about this since we do support the chamber with a $30,000 allocation. >> Isn't it 20? >> It's 30 now. I'm 30, right? >> Okay. >> 30. And in addition to that, I I will say this about the chamber. There needs to be more equity as it relates to the
businesses that they do work with. um a new business can't afford a $400 membership, right? And if you look at the different um ribbon cutings that the chamber has had, it hasn't really been a diversity of businesses. So that's
something that we need to address publicly as well with the chamber because this legislation though I don't support it fully I understand why it's it's needed because there has been the balancing scale has not been equitable for all businesses across the board in
North Miami Beach. The other um question that I had asked the manager was how many new businesses have come into the city per year. So in addition to the economic development board, there needs to also be work with the BTRs to find out how many businesses are actually
coming into the city so that once the economic uh the development the community development gets the those new businesses that we're made aware of those businesses as well because if they're not reaching out to the chamber often times they're not getting a ribbon cutting. So I think that to your point
there has to be more communication. 96,000 is a lot, but I do understand that we need to support our businesses. I can't support this tonight the way it is, but I do think that there needs to be more working together with the chamber, with our community development department because we don't know how
many businesses are actually coming into the city at this point. And Mr. Manager, I don't know if you have a pulse on that yet. >> Could I question? Thank you. um through through the mayor um social media became a big thing 100% for small businesses.
So if we implement an economic development, which I hear what you're saying, we'd have to implement also somebody for social media, we'd also have to implement somebody >> to help them get off the ground. We're in a we're in an employee freeze. So are
we going to take somebody away from a job they're doing to do that? Are we going to hire new people when we're not we're in a hiring freeze? And and the whole thing is is that the the big thing with uh the chamber is we
need to get some of that back. We need to have them participate with more and we could even put that as part of the requirements. But I just think it's very it's very c more than $96,000 depending on how many businesses start and and we
we're just starting economic development. So how do we how do we take a $100,000 out of that budget without discussing it with the chair of of the I mean the the employee that's in charge? How do we do that without discussing it
with the board? Because if we're not going to discuss with these boards, why are they meeting? Why are they meeting? >> Thank you, Mayor. Um, Commissioner Smith, um, if that's the will of the commission, what we can do is, um, the
manager and I can reach out to the, uh, chamber and bring back I mean, we're in a very short turnaround because this meeting's so late and I I don't want to promise it because they have to have time to consider it, but possibly as
soon as the next meeting and if not for the following one, we can try to develop an a memorandum of understanding between the city and the chamber that addresses this. We'd of course consult with you and anybody else on the deis the sponsor
of the resolution uh Commissioner Jean spoke anybody else who has a a thought on we'd be happy to consult with you and I'm sure uh manager Williams and I can work together and try to you know see what we want the chamber to do and and
what arrangements because we do sponsor them and see what they're willing to do and try to come up with a draft memorandum of understanding and bring that back to you and then see if that addresses your concerns and then it could be implemented
>> and then conversation with economic development committee. Thank you. >> Well, I mean I I defer that of course to the manager because economic development is his department and it's the department that I presume is working with the committee. So that that end of
it I I certainly leave to the manager where it you said talk to also to the staff he talks to his staff, but certainly as far as having a formal relationship with the chamber where we're looking at them to do some things
uh in exchange for the support we give them or maybe some other kinds of support, we can try to work up anou on that. >> Mr. Mayor, one thing also while we on the on the u subject ofou, why why do does the city commission have to pay for
lunchons at the chamber? We're supporting the chamber, but we also the commission also has to so it should be open to our people who are in the community to come. We have to make this a little bit more equitable to make sense because where is the 30,000 going?
We understand that less is doing an amazing job, but there's so much more that needs to be done. Commissioner, I I hear very clearly what you said and when we assuming again that that's the direction if there's perhaps a motion uh
not to proceed w with I think is what the commissioner Smith said not to proceed that the resolution is drafted but to direct us to try to negotiate thisou. Uh I assure you when we have the conversation u I'll be keeping what you
just said very much uppermost in mind. Um, may I, Mr. Mayor, may I address the concerns that uh, Commissioner Smith and Commissioner Sha had posed? Um, first of all, I want to just say that um, I agree with you. I think it's a wonderful idea
that if we could use part of this fund to help the um, the companies or the new businesses gain membership at the chamber and grow the chamber, I think it's a fantastic idea. Um, I also want to point out that businesses and and
this is a true stat. I I didn't think that it was a stat here, but I it apparently it's the same statistic, which is if a company is able to sustain itself past the seven-year mark, then it'll survive. When we're talking about this, we're saying that at least 30
days, but not limited to it. So that means that like if we want to encourage people to invest in our city and we want them to grow a business or have a business here, I think that for them to know that there is some things that
we're willing to help them. So there's definitely there's social media that we're going to provide press releases when they do their ribbon cutings and also throughout the year, especially this year. What I was thinking was this $96,000 could be used to buy things for raffle
prizes for our centennial event, for example. You know, things like that that is going on that we can actually distribute our residents to our businesses by way of having this budget that had already been allocated. So, I'm
also thinking of maybe the manager might want to award certain employees that are doing a wonderful job. They, you know, like the PD, everybody gets a, you know, a gift card or something like that from one of those uh one of the establishments that have have just
opened up as our way of patronizing them. We get our people to patronize them and try out whatever there is that is it's a win-win situation. So when I'm looking at this and I agree that I think you are correct that we need to put this through the economic development
committee otherwise what's the point of having it right >> I agree with you on that one and that was a complete oversight on my part and um I wish we had thought about this before since last month that we needed this to happen so by now it would actually come up for a vote and we can
activate this right away. I think that when we get publication, we get both the city publication and NMBB chamber, we can actually help them advertise to bring in more people. As you said, the ice cream parlor that opened up had four
people attending, you know, but when we had other other events in here that the chamber was involved, that the city was involved, they had tons of people like what is that coffee place in Biscane Commons that just opened up? Um,
but anyway, there's a there's a >> Herema >> crema crema gourmet. >> It's much more than a coffee, please. >> Oh, >> yeah. That's probably why they didn't know what you were talking about. >> You have an advocate here. >> So, Crerema should be very happy that we're mentioning it. So, that's what I'm
saying is that it's not just that. What we're looking at is we're keeping a pulse on all of our all of the businesses in the city of North Miami Beach to make sure that, you know, we are bringing people to them and we are having them, you know, also maybe they
could sell cards at a discount or, you know, gift cards at a discount for the city and we could all win when they bring in more people into into their establishment. Now I'm only talking about basically like when we talk about this we're talking about restaurants and I would say the reason why I say
restaurants is because restaurants are probably the most margin thin profit businesses right this is like highly with labor with cost with cost of goods and you know unless you're working yourself both in the kitchen and you know serving it's very hard to make a
profit in in in food service. So, with that said, I agree. I think we can we can actually table this and have it go through the economic development committee. Um, see if these ideas that I'm conveying right now is actually something that, you know, they see and
agree on and we could work on. We could also put in something in there solidly with theou that we're going to create with NMB chambers. I would still love to be, you know, the voice of this bill and want to make sure that it gets through in the next meeting
>> through the mayor um to Commissioner Sue and Commissioner Smith. What I could suggest is a substitute motion that refers this topic to the economic development committee. So that way you have an action piece to it, not just a
tableabling which can get lost sometimes. refers it to the economic development committee, uh, asks the city manager to have his economic development staff coordinate with the economic development committee and directs myself
and the manager to work with the NMBB chamber to develop a memorandum of understanding to bring back to the commission. And if you choose to make that as a as a substitute uh motion commissioner then um the sponsor
indicates an agreement to those ideas and still wants to remain as a sponsor. You could show yourself as a as a co-sponsor. And let me again emphasize that if you decide to go that route, I'm sure that both the city manager and
myself would want to hear from anybody who has ideas about what should go into anou and we'll work with them. But I I I do want to note that we have maybe a week and a like a a week or so from
Monday for the next agenda. That's we can try, but that doesn't mean it's necessarily going to I don't want to overpromise. >> Mr. Geller, I'm not sure that economic development um meets between now and then, but I think that the first thing is exactly what you're saying,
communication. So, I do make a motion that we table this and that we bring forth uh maybe as a co-sponsors that we sponsor to look into making sure that every brand new business
has the best opportunity from the city and from the North Miami Beach chamber and survive. I'm just suggesting that whatever it is, however you want to, it's your motion, but make it as a substitute instead of table, refer it, however long it takes to get
>> No, I I I would rather make it a motion to table this and come back with a different motion because I think this this motion may have one thing in it. I'm not sure about the 96,000. I'm not sure about buying gifts for the raffles.
le let's promote the businesses by by bringing people in and whatever it takes. So I I'd rather do it that way. I think I think um >> to lay it on the table until someone brings it back. >> No, >> no table.
>> Okay. >> No, no. No, we can make it we can make it um date efficient day >> certain tabled until >> through the mayor. Um >> that's a deferral. You'd like to defer it.
>> Can we do that then? I'd like to defer this >> to what what's what's the date certain? >> Well, April's coming up in three weeks, so May meeting >> to the May meeting. She wants to defer to the May meeting. >> I make a motion we defer this till May meeting. >> Second. >> All right. >> I did want to talk about it just a quick
moment. um when um you know I I was in a long flight so I can't really hear well but for some reason I can hear Trisha talking all all the way back there and when um Commissioner Smith was
talking about that only four people came from the city. Trisha mentioned it's because it wasn't advertised and um it's true. We the city does not advertise when we do a ribbon cutting. We don't advertise it. Like I've been to ribbon
cutting and I'll call Trisha and say like why weren't you there and she's like where? So the city has not been advertising the ribbon cutting and that's why it's only been for people and not because we just can't get people. Trust me, I'm sure if we advertise it, we'd get a lot of people to go. So
that's I just wanted to make that clear. >> So we got a motion and a second. All in favor say I. I. >> Uh I do have a request um six mayor Not no before we get to 96 I was wondering if I can move two items up 11.8 and
11.9. >> Can I can I go back to I I asked you for to respond to Commissioner Smith and you said hold on. >> I believe Commissioner Chernoff had a hand up too. >> No. >> And there's someone waiting here for 11.1 also.
>> Okay. Um so let me um to um your point of person >> I'd like to Thank you. I'd like to know if there's a if there was a has been a quorum for the economic development. >> Yes, we had quum. Did you see the pictures? They were on social media. >> Okay, good. All right. Awesome. And when is your next meeting schedule?
>> We and we had quum the month before, too. >> Where is your when is your next meeting? >> When when um they said, do you know when it is? >> Through the mayor to commissioner Sue. The next economic development commission meeting is April 16th. >> I see. Okay.
>> Yeah. To throw a kinker in all of this. I'm not following where the money is coming from. >> The million-doll budget >> budgeted for >> economic development. >> But don't we have an economic development >> people working on it from staff?
>> Yes, we do. Of course, Mercedes is there. >> What are you talking about? She runs the meeting. >> But but that's my that's my question. Okay. We have some staff that's supposedly the economic department that
we're developing and we're taking their money away before they begin. >> Yeah, exactly. >> Exactly. >> Exactly. We're taking it away. >> Commissioner, that's not being done by tonight's votes. >> That's not that's not happening now.
>> No, but to his point, what he wants to know is where the money is coming from and and if it's going to be a deficiency somewhere else. So to to the direction to the to the manager the managers looking in together to clarify that develop >> thank you >> um I have request to move right after
11.1 um 11.8 and 11.9 everything else is ordinances and that's in so can I I >> so I'll move >> no we're going to go right to it that right next but I just want to move it after 11.1 and 11.9 uh I mean 11.1 uh I
want to move 11.8 8 and 11.9 right after 11.1. I have a motion in a second. All in favor say I. >> I. I. >> All right. So now to that nine to to to that 96. Need a motion to introduce me. >> Motion. >> Second.
>> Resolution 9.6 resolution number R2026-33 establishing NMB safety first initiative. Commissioner Smith. a resolution of the mayor and city commissioner of the city of M North Miami Beach, Florida, approving and authorizing the city manager to establish and implement a citywide
safety first initiative between the North Miami Beach Police Department and MBPD and neighborhood crime watch committees authorizing the city manager or designate to do all things necessary to effectuate this resolution providing for conflicts providing for scring forability and providing for an
effective date. >> Thank you so much. I pulled this because first place I'd like everybody to sponsor it. I like us equally in these days and times when we are frightened on every corner when there's people riding
by just shooting houses when there's a community that have hate crime against them. When there's just all of a sudden we have to be so much more diligent. And unfortunately,
I think this is the right time to do it. I spoke to the police chief. I spoke to the manager. Um, and if we can all sponsor together, I I tell you one thing, the I unfortunately got in my my last request too late. Um, but I wanted to do
under community involvement awareness awareness where it says expand the neighborhood watch program to ensure representative in every district. I want to put a semicolon because dates have already been set up for the four that follow. I want to put a semicolon there
and put starting with the following neighborhoods just so that later whoever reads this will know we're coming into everywhere. But these are the beginning three places that we're going to go to. Washington Park, Ulita, Highland Village, and
Eastern Shores. We need to set it up in Sky Lake. We need to set it up also in >> Sunray East and Sunray S West and in Winward just every neighborhood but and it will be so I want to put a semicolon
under that starting with the following neighborhoods and then know that every neighborhood's going to get this safety watch. >> Is that your motion? >> That's my motion to add that. >> Can I just if I may through the mayor um I I don't know what conversations you've had with the police department. I'm not
sure this is something that they're interested in or not, but there's um Miami date um >> Crime Watch >> Crime Watch of Miami Dade. I don't know if they if it benefits them or maybe it doesn't benefit, but they they they're a very big crime watch organization that
um >> Absolutely. I spoke to the manager and the deputy about the crime watch. We're going to reach out to them, go to the schools and talk to children, to be aware not to walk alone, to always have a buddy, to be have your eyes and your
ears open, have your antenna. It's just crazy times. There's another child missing yesterday. Crazy times. So, um, I think I think this will be something that will give everybody a little bit more peace
of mind in North Miami Beach. And if we can do that, it's it's a wonderful thing. And I did speak to the chief because one of the things is the manager will make sure that there's always a grant writer. We have a grant writer right now in the police department, but
he'll always make sure there's a grant writer for just for the police department with accountability to us. >> What did they apply for? What did they get? What's their progress? >> We have a motion and a second. All in favor say I. >> I. There's a motion to amend. Commissioner Smith wants to
>> I just want to add those words. >> So, see, we voted on amendment, >> right? You have to She's making the motion for the amendment. If it's seconded and you pass it, then you can vote on the amended immediately. Now, um, do I have a motion or a second as the amended resolution? >> Second. >> All in favor say I.
>> I. >> Right. All right. Next item is 11.1. >> Item 11.1, uh, ordinance number 2024-11. This is on second reading, rapid transit zone comprehensive plan text amendment, uh, sponsored by the city manager. uh an
ordinance of the mayor and city commission of the city of North Miami Beach, Florida, amending the future land use element text, amending policies number 1.2.7, 1.6.3, 1.8.2, 1.8.5, and 1.8.6 six to set
minimum standards over all development within the rapid transit transit zone RTZ by adopting a local ordinance with its own policies satisfying the minimum floor area ratio F requirements of the county's RTZ ordinance as well as
procedures for re review and approval of new development within the RTZ providing certified copies of this ordinance and comprehensive plan to Florida land planning agency that's Florida Department of Commerce ers and to all other units of local government or
governmental agencies as required under chapter 163 part two uh Florida statutes providing for adoption pursuant to section 163.3184 Florida statutes providing for inclusion in the city of North Miami Beach
comprehensive plan providing for repeal of conflicts severability and for an effective date this is second reading >> all right the discussion's here um move to approve >> I have motion. Second. >> Okay, it's um we can this a second
reading. Do anybody have any thoughts on this? If not, madam clerk, can you do a roll call? >> Commissioner Shernoff, >> yes. >> Commissioner Fimmon, >> yes. >> Commissioner Jean, >> yes. >> Commissioner Smith, >> yes. >> Commissioner Sue,
>> yes. >> Vice Mayor Smuckler, >> yes. Yes. Mayor Michael Joseph. >> Yes. >> Passes. >> Next item is 11.8. >> Item 11.8. >> Move to introduce. >> Second.
>> Resolution number R. >> Resolution number R2026-47 approving and authorizing an award of invitation to bid number ITB-2026-055-WP. Washington Park Community Center redevelopment project sponsored by the city manager resolution the mayor and
city commission in the city of North Miami Beach, Florida approving and authorizing the award of invitation to bid number ITB-2026-055-WP Washington Park Community Center redevelopment project authorizing the city manager or designate to execute an
agreement with the lowest responsive and responsible bidder. authorizing the city manager designated to do all things necessary to effectuate this resolution and subject to the budget appropriation and availability of funds and providing for an effective date. >> All right.
Uh Mr. Manager. >> Thank you, Mr. Mayor. So, this is an item that comes from our public works department in order to move the Washington Park project that's been long promised to those residents forward. Um we have uh selected after review by our public works department our engineer of
record and procurement uh Burke construction group have found to be the lowest responsive and responsive bidder. The item cost is fiscal um um fiscal impact is uh $15,325,923 which is a significant savings and we're
looking at maintaining the current timeline as it was promised to the residents should this item pass. Commissioner Jean, >> thank you so much. Are they here tonight, Mr. Manager? >> Yes, I believe they are. >> Can we hear about any past projects that they've done of this scale?
>> Absolutely. I would ask that they come forward to the podium to respond. >> Hi, good evening. My name is David Martinez. This is my one of my partners, Gilda Hampton. Um, just wanted to thank you guys for the opportunity to do this. Um, we had shared with some of the
staff. Uh, we really just completed, I don't know, I think two months ago, a huge MLK center up in city of Panama City Beach. Um, very similar to this one, a little bit larger. It was a $20 million project. Um, but very similar. We also finished one for city of West
Palm Beach um, called HCD Community Center. Um but parks is I mean building communities is what we we were made for. I mean this job is tailor made for us which I think is why you see our number come in uh to where it came in well under your budget. Um we we are looking
forward to partnering with you and pushing this forward and getting this thing going. I know you guys have been waiting for it for a long time. We had the same issue with the city of Panama City Beach uh with the MLK center that it was waiting for it for 10 years and it kept getting back and forth. got hit
uh by Hurricane Michael um and we were able to finish that job actually ahead of schedule um and add some extra stuff in there. I know that you guys want to hit this uh Florida green building coalition. We we have we just hit a lead
plat I mean um FGBC platinum in the city of Coral Gables which is the first time in the history of the city of Coral Gables that any contractor has ever made that um distinction for them. Uh we also have a lead platinum building with the city of Key West City Hall which is a
historic renovation. So we are super well prepared. We've done dozens of parks. We just finished one or we're finishing one for city of Cape Coral uh which is an $18 million park and community center there as well and also working on their Tropicana Park. So this is something that that we're very
familiar with. Uh we also do athletic fields as well. Um we've done hundreds of athletic fields around the country. Um, so we're fully prepared and ready to go. Our staff is ready to go and um, we look forward to working with you. >> Thank you. The only follow-up question I have to that is what do you say about
the cost of material? Oftent times uh, contractors come with a change order later on when material might be, you know, more costly. Can you speak to that at all? >> So I mean, I think you've seen a lot of the cost escalations as we call them in
industry. A lot of them had to do with COVID, had to do with um you know supply shortages. As a result of COVID, all of a sudden when the economy restarted, everybody, you know, wanted to start building and there just wasn't enough, you know, materials to go around. We've seen that drop drop off um pretty
significantly in the past two or three years. Um you know, can there be certain things, you know, I mean, there are tariffs that, you know, that um the current administration is, you know, trying to impose. Um, we haven't really seen too much in the past year. Um, can I sit here and promise that that won't
happen? I can't. However, you know, from what based on our experience, it's really really settled down and kind of stabilized. >> Thank you. >> Sure. >> I think one of the big issues is time. Um, because the more time that goes by, the more chance you have of that
happening. So, the faster we can get, you know, our subcontractors and everybody bought out and get their prices fixed, the the better off the city's going to be. >> Uh, no, I think he answered my question about um, you know, mitigating uh, those
cost fluctuations. Um, and so I wonder if procurement can also add value to that as well because, you know, there's a lot I can talk there's a lot I can say about the uh, the the process of when you got when you submitted, right? Um and and so you know
it's but I'm not going to get into all of that. >> My question yeah but what I will say is being that you submitted and your price is is that much more affordable we want to make sure that we actually realize those cost savings because that is the reason why we would be going with you.
So I want to make sure that through procurement in addition to the answer that you gave that we have some more assurities that you're going to stick to that price. If I could, if I may just to expand on this. So, the project that we're doing, Festival Park, we started
it in the beginning of two of 2024, uh, which that's the one in Cape Coral, $19 million. We have not asked for one cost escalation there in in since 24 and we're just about to finish the project. The project in Panama City, which is the Martin Luther King Recreation Center.
And by the way, if you ever go there, it's a jewel, okay? It's an absolute jewel to the community. I mean, it's really a a piece of work. We started that also in uh in 2024. We just finished not one change order associated with cost escalations because we once
we're awarded a project, we lock in our prices, okay? And unless there's something drastic that's I mean, you know, what we call a black swan, okay? A black swan event, we don't ask for more money because we have it we have it, you know, we we lock in all our vendors, we lock in all our materials, we procure our materials ahead of time. Should not
be an issue. Okay. Well, um, can procurement speak to that as well? Can you add value to what we do on our city side? >> Um, Mr. Mayor, >> I'm sorry. Um, through the through the manager, I it it is this is your staff members. So, >> yes, thank you. I I was going to
interject and con and confirm u your your concern. Our code actually does uh help mitigate material cost with direct purchase and no tax. >> Repeat that. >> Our code helps mitigate material cost with direct purchase and no tax. direct purchase you said.
>> Yes, sir. >> So, do you want her to add anything to that or no? >> Um, I can just just a bit. I I wanted to just um not only re reiterate what the manager said, but as it relates to cost estimates, one thing that um Burke
mentioned is that um they locked in their pricing for material. One of the requirements that we had, especially when we went back out to bid, is we do have an SBA sbe goal, right? And a part of that goal is we required uh the biders to submit not only the uh the
subs pricing but the actual um line item bid that they provided. So we can see what those costs are and they're they've locked those in. So at that point they're responsible for adhering to those pricing to those prices as they received them. >> And so that further and and we had a
conversation and I'm not of the change order kind. So, um, we did talk about change orders and how, um, we are not going to have we're going to try to limit as many change orders as possible to none if we can, um, because we are really trying to realize the cost
savings that we've we've, uh, received. >> Thank you. >> Thank you. >> May I? Yes. Thank you. So um normally okay so we we got we have the pricing
but um our city has been known to take forever to do things and if because of us because of the city if there's any delays are they entitled to any extra
costs because things do go up Right. But if we keep this project on track, which we will, right? But if something were to happen that we just keep on delay, delay, delay because it's already been delayed like 20 years. So
if we keep on delay, delay, delay, it's not their fault if pricing goes up because we we we're delaying. So how does how does that work? So like you said, sometimes there are things that are outside of our control, but what we what is in our control is ensuring that we're communicative and
that we're proactive. So our discussions have been that you know when there's an issue, when you see their long leads time, when you see the pricing pricing can go up to communicate that with the city immediately. So like the manager mentioned that we can uh get those direct material costs hopefully longer
lead times with no taxes. So outside of acts of god, we are still squared away for um uh Q4 2027. >> Also through the mayor um the materials are one thing our contracts provide clearly. In fact, we just rewrote them.
They do not get damages for delay. They can get a time extension if necessary, if justified, but we will not pay damages to the company for delay from the pricing. But if they delay it, but if we delay it, I would think that
they're entitled to something. >> Except our contract says they are not. >> We if they want to do business with us, they take our terms and our terms are again if their material goes up and it was unavoidable and they we're not responsible and it wasn't because of
their delay. Yes, material costs can go up, but they can't get overhead and profit. They can't charge us. They can can't say, "Well, you slowed us down." Because our contract prohibits that. Good. >> Good. Thank you, >> Mr. John.
>> Thank you. Uh Mr. Manager, does the contract says anything about local preference, um job fairs, or local hires at all? Do we have anything in in >> I'll defer to the city attorney on that
item. I don't recall seeing anything of that um in the procurement process. I'm going to defer to purchasing on that because uh in the at first instance that's something that we work with purchasing on. We have rewritten the contract substantially but I believe
there are some targets in it but I'll defer on the details of that to the procurement director. >> So we do have an SB goal at 15% um that the uh biders had to adhere to and uh the firm has. Um, also we discussed uh
the the request from the Washington Park community early on that we uh make our best effort to um hire or um use folks from the neighborhood to assist in the project. Whether that be security, whether that be, you know, traffic,
whatever that is. Um we we have communicated that we are going to make our best effort to try to fulfill that. Yeah, I remember that was something that we spoke about early on um a couple years ago. So, Mr. Manager, we want to see a fair. We want to see something
added to that timeline before um we begin. Please >> understood. Do you have a motion? So, move. >> I was going to make a comment but then Commissioner Sper vice spoke. I just want to say that I appreciate you came
and gave us that background because I'm been here long enough that I remember when they were so excited about the new material that they put down on the playground until the summer came and the kids couldn't stand on it and we had to
redo the whole thing because the material was wrong. But thank you, Commissioner Jean, for asking that question. That's the one thing I see more than anything else, that you have the experience to know what you're doing so that we don't have to redo it when
the ink isn't even dry on the contract. >> Thank you very much. >> Have a motion. Do >> I have a second? >> Second. >> Second. >> All in favor say I. >> I. >> Next item, Mr. Attorney. 11.9 resolution number R 2026
48 Michael into the microphone. I apologize. Um, do we have the do you have the updated resolution handy? Yeah, because this was I think put on original
resolution uh it's res 11.9 resolution number R2026-48 formally censuring Mayor Michael Joseph sponsored by Commissioner Sue. Um, a resolution of the mayor and city commission of the city of North Miami
Beach, Florida, formally centering Mayor Michael Joseph made making legislative findings pursuant to the city charter and providing for an effective date. That's the proper time. >> I motion to introduce.
>> Second. >> Okay. Thank you. Discussion. >> It's your item. I I do have uh uh my attorney here that would speak that would speak on the item, but if you want to go ahead first. >> Um actually this was going to be
introduced when we received the report and um the our city attorney not let me know that it was not possible because we didn't give enough time notice to the public. So with enough notice to the public so here we are.
to hear from you attorney, Mr. Mayor. I'd like to hear from your attorney first. >> Thank you. Um Mr. um Mr. Lewis Suarez is my attorney on this matter >> and and you're not going to be asking for money back from the city for your attorney, are you? >> I'm pay This is me. So,
>> okay. Just want to clarify. >> I'm sorry. What was your question? >> I just wanted to make sure that he was not going to be asking. >> My intention my intent my intention is to to try to resolve this most amicably. >> Sorry. my my I had to because look this this
resolution carries some reputational harm towards me. I have to protect my family, my livelihood, my um my overall um perception in this community. So, I'm doing the best in that regard. Um I also want to protect the city's reputation as well, but I'm just like I said, I'm just
trying to um I'm gonna let my attorney move uh and speak on my behalf because like I said, I've been advised not to. So, Mr. City Attorney, I mean, Mr. At my attorney, Lewis Wires, if you can state on your your comments, please.
>> First of all, good evening and given the lateness of the hour, I want to start by saying thank you for giving me the opportunity to be heard on behalf of a gentleman who has served this community
proudly and honorably for the last 10 years or so. when I reflect and to be sure and to answer your question. Yes, >> Commissioner Smuckler. My name I am Luis Suarez. I'm a lawyer.
>> No, sorry. >> To be sure to answer your question, Commissioner Snuckler Smuckler. And some of you may remember me because I've appeared on behalf of the city successfully at least twice on very
controversial matters. on matters that we probably don't want to revisit. And I certainly don't want to revisit ugly matters with Commissioner, excuse me, with Mayor Joseph. But to answer your question very directly, I'm being
paid zero to stand here today and defend Michael Joseph. I'm going to say that again. Zero. I'm here today pro bono for him. And why am I here? Because I spend a lot
of time I've been a lawyer for 27 years and I spend a lot of time reflecting on one question per perhaps too much time which is what do you need for there to be justice in America? You need at least four things.
You need the rules to be set forth in advance clearly and transparently. You need an impartial tribunal, a judge, a jury, impartial. You need
advocacy on both sides. You need fights. That's number three. And hopefully you have advocacy that cares, that's passionate, that loves what they do. And the fourth thing is why I'm standing
here is because you need process. due process, fair process, open process. And I rise today in vehement opposition, not just strong opposition, vehement
opposition to what is happening. Because if you're going to dis b dispersch a man's career, a man's reputation, he has the opportunity to be heard.
The resolution that is being proposed today is flawed. It is reckless. It is indefensible. It is legally unsound. Why do I say that? Because here's what happened in
this process. In a matter of 25 days, somebody was paid $50,000 and they issued a report. Ah and in that report what does it say? In the very first word
there is a legal disclaimer. It says interim report and it says this has possible findings. What does that mean in layman's terms? It means the business it's not finished.
It's not finished for the record. That's page three of the report. The second thing the report does, it says that violations have not been determined. The page 29 of the report twice it says it.
It says in conclusion, this will require further investigation. Twice it says it. How can you make a resolution on something that in its own face is not final? The report makes clear that there are no
adjudicative findings in the report. Possible violations. Alleged is used three times. Alleged. Alleged. Alleged. The report openly acknowledges and nobody has seen a transcript of a single
employee. Not one. Not one. and only certain employees. Some of them did not recall. At the very least, you have referred this to the Commission on Ethics. You have referred this to the to the State Attorney's
Office. Let them investigate. Let's have full testimony, open cross-examination, and then you make a conclusion. And you may be right and you may be wrong, but what we don't do and we don't do in the United States is we rush to judgment
based on alleged interim reports. That's wrong as a matter of principle, morality, and law. It is wrong. Now, it goes without saying that today I'm here pro bono, but
the city has risk if you're going to bismerch and censor somebody without a full investigation. If you don't believe me, read the popular press. Pal just did the same thing and they ended up paying the city official a ton of money because
of what they did. came out in the in all the newspapers. Now, I will end my comments today. I will end my comments today,
not with my words, but with the words from the gentleman that you paid $55,000 to issue the report. Further investigation is needed to finalize this report. Further investigation is needed.
I don't know how I can't make it up. Interim page three. Further investigation page 3 and 29. No determination of any charter violation. Page 29. Not only that, the language of the
report is flawed. Legally flawed. I have seven points. Seven points as to why the language in the resolution it's not even it's not even accurate. And so my the reason I am opposing this
resolution is if you want to do this, do this the right way. do this the honorable way. Let the investigation happen. Don't pay for the conclusion you want. Have that person say this is a temporary interim report and all of a
sudden bismerch somebody. That's not fair. That's not right. And I certainly would never ever put my name behind that. Thank you very much. Have a good evening. >> Mr. Mayor, >> Commissioner Smith, >> before he leaves the podium, I'd like
for him >> tell us the seven fraud things >> to to answer your question. First thing, the word you use in that resolution says credible allegations. It's never you can search that report.
You can search that report for credible not used. So somebody is making a determination today as to the credibility of witnesses that they haven't seen. You are putting the cart before the horse to borrow the the words of
somebody else. What it says what it actually says is possible violations. Your resolution language says immediate referral. That's what your resolution language says. But the report says further
investigation to finalize. The report establishes the resolution establish it as conduct. When the report says words of alleged potential possible,
the resolution invokes the charter. The report does not. You can look at that report high and low and there's not a single case sited therein and it says in fact at point of fact it says possible violations have to of charter
have to be have to be look looked at. substantial legal risk is is what you put in your resolution when the report says there's risk to exposure. There's risk to exposure, but there's risk to exposure in everything you all
do every single day. So, the resolution treats the matter as an evident evidentially concluded. He did something wrong. He's got to be censured. When the report itself acknowledges, the
own report acknowledges limited interviews, memory gaps, the need for more evidence. The resolution presumes that the review is completed when the report in its own terms says that you have to finalize
findings. So if we believe in one thing in America, it's yeah, people have the right to be accused and should be accused and should be accused. But when you're going to do
it, do it right. Do it fairly. Do it openly. Do it honestly. This gentleman said, "Sunshine." That's what he said. And he had his glasses. What you need to do is let the people that are charged with sunshine, you've
already done it. You've already said go to the state attorney, go to the commission on ethics. There are processes and protocols in both of those procedures. And if those two bodies can't do it, this body body certainly
cannot. >> Thank you. Any further questions, Commissioner Smith? >> No. >> Yes. So you mentioned you referenced something about um that um he can sue the city for the censure.
Can can you go back to that please? >> If the the Yes. In the uh in very very simple layman's terms. >> Mhm. >> If you say something about somebody that is untrue, you you expose yourself to
legal risk. If you censure somebody without following all the process that's due and that's owed and you bismerch a person's career, he has rights to be protected and we will exert those
rights. Okay. The example that the example >> I'm just going to say something. I really don't like to be threatened. I really don't. >> I'm not threatening you. You ask question. >> You're not threatening my life. No, you're not threatening my life. You're threatening to sue and I don't appreciate that. But what I'm going to
say right now is um I don't want I don't want a lawsuit because I don't want Commissioner Kramer now to be able to sue us because she was censured without a due process. So I'm going to make a motion right now to uncensor
Commissioner Kramer. Um if I get a second and if I get four votes that be great. If not then she can go ahead and sue us if she wants to. >> I second. Okay, you second it. Do I do
>> what? >> I know, but I don't want to get We're talking about censuring without a basis. >> Right. So, what the point that Commissioner Smuckler is trying to make was Commissioner Kramer, former Commissioner Kramer was censured on no
base at all. Mr. Mayor, through you. I'd like to make a comment to the people that spoke, the people that wrote emails. We got emails both ways. Make sure you censure and don't. What
unfortunately everybody that's speaking taking is taking something for granted that isn't true. that you're basing your decision on the report. The report brought it out. But if you do
your due diligence, which I did, and you speak to people, which I did, to get it from people that were in the room, people knew, etc. It has nothing to do with the report. The report brought it out. Now,
it's up to us to see is it true. And that's by doing the due diligence that needed to be done. Whether we vote yes or no, that has yet there's a lot of conversation that I think still needs to be done and I think
it's the most important because you see one thing I'll share with you that I know for a fact because I've been doing this new almost 20 years. When you're the mayor, you're hold to a
higher standard. You're one vote, but you are the head, the tillular head of the city, and you're hold held to a higher standard. That's a very important
element. When it starts reflecting on the city and it starts reflecting on other commissioners, how your city is run because there are issues
that have evolved that unfortunately everybody has a well fortunately everybody has a different personality. We all come from a different background. I try to forgive because
they didn't have my mother. I understand. I got my mother. And that value is mine. I can't share it with you because I can't change you. This is a very serious topic. I appreciate your time.
I appreciate how passionate you feel, but we're here to take care of North Miami Beach residents, visitors, and business owners. And we have to look very closely at all of us,
not just the mayor, but all of us, how we perform daily. When I go to the grocery store and they give me an extra dollar and I give it back, she says, "What are you doing? Nobody does that." or $10 or 10 cents. I say everybody's
got a camera. We are on film 24 hours a day. Whether we like it or not. When I walk my dog, they stop me. Whether to complain or whether to thank
me. This is a very serious topic and the emphasis of the report is not the reason anybody should be voting. They should be voting because they
studied, they did their due diligence, they found out what happened in just one incident. There's other incidents perhaps about lobbyists or perhaps about hiring or per whatever. But the one
incident where you may vote in favor is when you draw a line about changing or trying to change public records. That's that's a line.
That's a line that nobody should cross. So if you start to scream at an employee, I can't tell you to have a better behavior. If you start to give directions, which you're is against the law to give directions from the state, we have to go
through the manager that that's another issue. But to public records, that's something serious. And that's why it's in my mind, not talking to any of
my commissioners. I never spoke to any of them, but in my mind, that is the key reason this has brought before me. Now, I want to hear what my commissioners say. I want to see what Mr. Mayor says. I definitely want to see what you say. I
want to see what our colleagues say. And then I want to see what's the right thing to do. Um, may >> may I just respond to that, ma'am? Because I think some of those were directed at me. Is that is that allowed or No, >> that's up to my commission if they want you to respond. Um,
>> I just want to say one thing before because I don't want to because I know you've advised me. Um, in in particular, that incident that never happened. I'm I I'm looking forward to an opportunity in front of the state attorney in front
of ethics to refute that because I've had not one opportunity to say one thing in my defense. But that being said, Mr. City uh >> you have an opportunity tonight, Mr. Mayor. But >> Vice Council, >> so all I was going to point out to you
and you and I >> I can't hear you. All I was going to that's that's not not many people often say that. So, thank you. Um, all I was going to point out to you is you and I
agree in concept, right? What you you said two things in your remarks that really is the exact point, right? You say if in fact this gentleman any gentleman alters or directs the altering of of a public
record and that is proven or >> tries to change it. >> I agree with you. But here is what's not fair. Here is the point the process. You went out and you satisfied for your own
mind and you concluded because you had an investigation that you may have done. You said this I find to be true. You're entitled to do that. But then what's the process? Right? Doesn't he have a right to prove it to be untrue?
>> That's why I'm listening. >> Right? Doesn't and and shouldn't you be able to shouldn't the process allow because it does to present witnesses in a public forum which a state attorney has the right to do and the commission
of ethics has a right to do. Shouldn't that be part of the process? And if you are are right at whatever standard, I agree with you, but you can't do that right now because it's unfair because you are a body of one. You are a body of one and he hasn't been shown the charges
that against him. And that's what I honor. That's why we're here. That's what I'm asking you to do is honor the process. Honor the process. And for those of you that don't remember the last time I was here, because I've never been adverse to
this city, and I I I I lament that uh Commissioner Smuckler thinks that I'm threatening her. I'm not. I'm just saying openly what the >> I don't think you're threatening my life. I want to be clear with that. Okay. I just think that when you're saying when someone says to me, "Do this or I'll sue you." To me, that's a threat
to my city. Well, that's how I took it. >> But but let me let me just finish my point. The last time I was here, >> I was in favor of the city going after a person and I was ultimately proven right that was arrested.
So I know what it is to go after an elected official in a civil lawsuit and I know what it is to be proven right and I know how difficult it is. So and it was in this this very uh city. So, I've
never been adverse to the city. And when the city was harmed in another case, the person that went after them and won the trial was me. So, I've always been on the side of the city. Today, today,
I'm not here on behalf of Michael Joseph, although I represent him. I'm here to honor the process. Don't convict. Don't bismerch somebody until you've met your element of proof. That is why we all wear these lapels on our
pin. That's why the flag is there. >> The only thing I can say to you with all respect, I definitely think he should have his say. I'm excited to hear it because I want to hear his side. I don't talk to any of my six colleagues. Thank
you very much to our eminent attorney that we had for 31 years, Howard Leonard, who told me I could talk to any billion people in the world except these six. So I and but I I have a little difference of opinion. I believe he had
30 days to bring up those witnesses. That's what we're doing. I think he had 30. I don't think it has to go into a court. >> No. Can I can I answer one answer your question? Um, Commissioner Smith, I asked for copies of the transcripts, the ones that the law firm has where it
states exact. I haven't gotten those. >> They're under They're under seal. It's in the report. >> I can't even I can't get a transcript or the recordings that say what you believe happened to happen. >> It's noted in the report. They have it. We haven't seen it.
>> We We have not seen it. If you guys have records about everything, you guys have you I mean you you have records about everything. >> Anybody make part of a public record statements in this proceeding? They don't exist. We don't have them.
>> You made a public record? >> Yes. Yes, I did. I did. I haven't got them. >> How long ago? >> More than 30 days ago. >> I haven't received them. >> See, this is these are things we should know. Number one, but number two, you were in the room. You were the issue and
I I'm anxious to hear what you say. All I can do is what I see in front of me as a request as I do with every single resolution or ordinance, read it, go to sources, try to find the best solution and I think that this is a very
important part of that solution is to hear what everybody says. Thank you very much. >> Thank you. Thank you. to to to clarify, I asked for copies, never got them. They say that they had recordings and they were they were recorded. Each one of
those interviews were recorded. I asked for copies of them and I never received them. That's not fair to me. That's not fair to me. Commissioners Flormont. >> Uh thank you so much, Mr. Mayor. you
know, and in hearing um your attorney's um interpretation of what he feels is before us today and what we can or can't do, you know, it kind of opens up a lot of conversation about process and procedure within this city and how we
move about doing things repetitively, right? Because it seems that at times we will we will repeat the same action but follow a different procedure in getting to that end. Right?
And so when it comes to censure, you know, what's complex about this scenario is that are we censuring on something that is substantive or are we censuring on something that is subjective? Right? And so a lot of the conversation
that's happening now just based on the fact that we don't have a complete investigation seems to me to be subjective versus substantive. Um, you can you can you can agree or
disagree with that, but in in light of that, I think that we need to take a pause on this. Number one, um, because it hasn't been fully flushed out. Um, there's a lot of things that are not
clear about this. But in addition to that, I think we need to also look at process and procedure when it comes to censuring and taking these types of actions in the city of North Miami Beach. And whether
it needs to be retroactive or not, that's something that we need to take a look at. But I think that's a serious conversation that shouldn't happen just, you know, quickly as we may want it to happen tonight. But we really need to have our attorney and our city manager
take a look at this censure process. And if it has to be retroactive because of what we're hearing this evening about substance, proven facts, ability to refute and those types of things, then
that's what we need to look at thoroughly so that we can examine the process. And if anyone was not availed of that process, maybe some things need to happen retroactively. So that's my statement here. I can't support this um for those
reasons. And um you know, I definitely want to allow the mayor to have his opportunity and for the city to have their opportunity to fully look through everything that's going on uh as it relates to this matter. Thank you. There's a motion.
>> There's my motion. >> Okay. Um, again, I'm I've not been afforded due process. I've asked for copies of the transcripts. I've actually had an opportunity to see all the attachments,
all the emails that this report refers to. I have not received them. People in the media have reached out to get copies of this report and they have not been able to receive them. I just ask that I am that I get the transcripts
which do exist because this firm did do this job that this you know the state attorney and the commission on ethics which both have this item before them review this and then if I'm found to have violated
believe you me I will deserve whatever reprimand you guys see fit but allow me the opportunity. No, the right like everyone else in this country, the due process.
That's that's basically what I'm saying. I just I'm only asking what everybody else is supposed to get. >> So, Commissioner Sue. >> Thank you, Mr. Mayor. Um,
first of all, I I need to >> Yes, thank you. Sorry about that. Um, first of all, I'd like to ask Mr. Attorney just a general question. If Algo Law Firm had made up stories, said
that they recorded things and they actually didn't, what are the consequences of that? That's frankly very difficult to answer because their consequences to that could vary from none to extremely severe. It
just depends on first of all who it would be in front of who gets to make that decision. I mean it's just a very difficult question to answer. >> Okay. So it could possibly be disbarred, right? meaning all the the attorneys or the company could possibly lose their
whatever license that they need. So with that said, I think that this company has been around for a while. Uh the gentleman I I guess he ran for sheriff of Miami date county as well, but um his reputation precedes him. A lot of people
vouch and say that he is very credible. With that said, I also want to define censure for our friends and and and the audience and everybody else. A censure means to express formal severe
disapproval or harsh critical criticism of someone typically in an official or public context. It's a disciplinary reprimand often used by bodies like Congress to condemn actions, distinct
censor um suppressing content by basically synonymous with just condemning the situation. Now the reason why I brought this concenture to to the table here for my colleagues is because
I with the fact that ALGO will pro will most likely not hurt their own reputation just to hurt the mayor. I which I don't think that's the case.
So it is not one person who heard or had been mistreated back in 2018. The attorneys from from Weiss Aeroda had also made the same complaint about the mayor but back then
was a commissioner. We have seen this behavior and it's a repeat. It's a pattern. You see this how he raises his voice, screams at employees. It wasn't one person who said that. There were several people in the report. They were
not sitting at a round table going, "Oh, yeah, that happened to me, too." This was individually asked, recorded, and they knew they were testifying to something that could actually move forward and
incriminate their current mayor. So, it's not they're not going to take this lightly by saying it just to say it. This is this doesn't make any sense. And if we have employees that are expressing their frustration about
working under the mayor, the least we could do is stand up for those employees. That's number one. Number two, Commissioner Smuckler is bringing up a discussion item about figures. Figures is not only just in the report for Sheila McCormick. I don't know what
her name is. Sherless McCormick. She is in that figures is also in that report also related to the mayor. And we have a contract without $45,000 paid without a procurement process. And
I'm sorry, but I think he Mr. Suarez influenced my passion here. But I'm just saying that I normally want to talk as toned down as possible, but to have me think that you, we as a body will sit idly by, watch the employees stick their
neck out, share stories about things that we have not seen. Some of us have proved it, some of us haven't. But we're going to sit down and say, "Oh, you know what? Let's wait till the law takes its course." In the meantime, what are we thinking about with people? Do you think
that there wouldn't be no repercussions? There would be no no retaliation in some way. We hope so. We hope that there would be no retaliation. But in the meantime, can we express our severe disapproval of what has been happening?
Procurement al possible possible. All of these are are alleged. Although we do have a paid item, right, which is going to be brought up by Commissioner Smuggler today in the
discussion, but we have alleged people who have stated these are all possible allegations. And I know that this is allegations and you know, Mr. Suarez, I really appreciate that they
put interim report. I really appreciate that they put that there possible allegations because if they had said something other than that, I would not trust that law firm because the mayor hasn't had his chance and due process. So, I'm grateful for that report.
Honestly, I like it that it was actually alleging and not ruling it, being a a judge in the matter. So, with that said, I really think that I am expressing my disapproval for the way that the mayor has been treating our staff. I want to
stand up for them. I want to make sure that they know, you know, we always complain about how so many little people want to work in NMBB. And we wonder why if we're not standing up for them, who wants to work here? Because they could be abused verbally or allegedly verbally
abused and like get away with it. And we as commissioners just continue on with our day. I don't think so. Um that's that's where my stand is. I really I disapprove of this behavior and whatever it is that's in the report,
whatever it is that I have spoken to staff about and whether this has this is an alleged it's a it's a possible, you know, it's not we need other evidence. We need his day in court, due process,
whatnot. And I want it to be fair. I don't want to. And if we find that your case is cleared and your day in court is done and you are not none of this has happened, I would gladly propose to
reverse this censure. So that's my take on it and uh thank you for my time. Commissioner Sue, I again object to the entire report. You unless you have a copy copies of these
recordings or the transcripts, correct me if I if you do or not, but I don't I never had an opportunity to refute them. I'm asking an opportunity before you pass judgment
for the process to continue on. I've availed myself to the ethics um my Florida the state Florida commission on ethics already and as well as to the state attorney as well. They've been in contact with me. So, I've made myself available because I want to go through
the process and to clear my name. But you should give me the opportunity to clear my name as opposed to just saying you're going to pass judgment and say, "Hey, if it turns out you're not, then we'll just take it off." That's unfair to me. That's unfair. You're innocent until proven guilty.
That's that's just that's America. >> Can I just say something, Mr. Mayor? >> But you're passing a judgment. That's You read You read the definition of it. >> Censure is not a judgment. It is expressing a disapproval
>> of what? That is of of allegations. >> Yes. M Mr. Mayor, why why is this whole discussion rooted on an incident? Commissioner Sue brought up something
about the employees feeling threatened and feeling scared. I I spoke to somebody that they had their child with them and you were abusively the words the the child never heard
because they don't talk like that in their house. So why are we keying on one incident >> even on that incident? You're saying that but I don't even know who you're I don't even know who's alleging that. I don't know who's alleging that. I haven't even haven't had have I have not
even had an opportunity to refute that. On top of that, in the report mentions several other elected officials, it mentions HR. It mentions the CFO. It mentions other people, not just me. >> We're not done. Maybe this is the
beginning focus. I don't know. I'm just saying to you, for me on a personal level, the higher standard to all of us, all of us can't be taken lightly. But I just want due process. You can't just
say I spoke to someone and that's good enough for me. That's unfair to me. That's unfair. That's not the right. So I can someone can tell me something about you and say, "Hey, I'm going to pass judgement about you because >> Well, if you got this transcript or if you spoke to the person that said the words that's on this transcript
to me, it's six of one half of the other. >> I would ask I would ask you, have you seen the transcript? >> No, I say the person that said the transcript, that's what they transcript. the person that said it, if you spoke to them, whatever they said should be on the transcript. So,
>> I'm asking for that to be proven. I'm al Where's the transcript? >> I'm listening to everybody. Commissioner for um Smuckler. Vice Mayor Smuckler. You were going to say something about Lin Sue said you were bringing something up that I was going to ask you. What was
that? Uh uh for discussion for discussion item um the uh text messaging with um the figures company >> I see >> which is um one of the accusations um
against the mayor and also it's part of the Sheila McCormick um >> and did you have >> did you have proof of that? >> No, we're going to discuss it tonight. I I wanted >> Yeah. I was just saying that I want to disc we're going to discuss tonight
because we're paying them $40,000. How much are we paying them? Um Mr. Manager, >> uh through the mayor to Vice Mayor Smarkler. $48,000 a year. >> $48,000 a year as opposed to 12,000 was it? >> Uh through the mayor to Vice Mayor
Smarkler. That's correct. Uh 12,000. >> Yeah. We had another company and it was switched. We were paying 12,000 and now we're paying 48,000 with through this Mr. Figures company. >> So, um, Mr. Mayor,
>> yeah. So, I'm hearing Commissioner Smith and her reasoning, etc. I I I think I think the um, Mr. attorney, city attorney, if you can correct me, when when you use the term ask to form, uh, what are what are you referencing
exactly word for word? Ask to form, are you referencing word for word what you see before you? Like if we approve something? >> I'm not sure I understand. >> I guess what I'm okay, the point I'm making is what's in front of us is what we're being asked to approve, right? >> Commissioner Smith may have a different
resolution. >> Correct. Commissioner Smith may have a different reason why >> asked to prove it >> to approve this. Oh, approve >> to approve the the censure. No, approve the censure or to vote for it. Um, Commissioner Smith may have her reasons because she said it's not necessarily if
she's going to do this, it wouldn't necessarily be specific to everything listed here. >> It could be for other reasons and different people may have different opinions, but what's in front of us is what's in front of us and it's specific, right? And so
the the question I'm asking is if is for clarity purposes if someone votes for this they're voting for what's in front of them. Correct? What's in the reso clearly word for word? Right? You have a resolution in front of you.
The resolution states what you're being asked to vote on. And if you vote in favor of it, then you're voting to adopt what is in
front of you. People can have different reasons for voting for something, typically outside of possibly the realm of litigation.
Typically, elected officials who vote for something vote for it for their own reasons and typically they're not questioned about
what the reasons are why someone votes for something. Although in the context of litigation, there may be a different answer to that. I hope that answers your question. >> Thank you. I I just want to say I'm going to take the gavvel because this is about you. So I'm not sure that you
should have the gavl when we're discussing you. I think. >> Yeah. >> Am I wrong? >> I I can Well, I can hold the gabble. Just I'm not making a motion. >> All right. I thought that because it's about you that I mean I don't care if I'm wrong. I'm wrong. >> I'm not.
>> Joe, are you awake? Are you answering? Are you listening? >> I'm sorry. You're speaking to me. I'm not hearing you. >> Oh, I see. I thought you were speaking to the mayor last time. >> No, I think because this item is about him, I thought that I should take the gavvel.
>> No. >> Well, you that's what I thought, but I don't care. He can have it. It's kind of on my side anyways, but you can have it. >> I'm sorry again. I'm having trouble hearing. >> She wanted to >> I'm the one who's having trouble hearing. I was in a long flight. So, um
I just thought >> hear you now speaking in flight. Yes. Do you see what it feels like? That's why you have to speak into the mic so we can hear you, too. >> Yes, ma'am. >> Okay. Um, I just thought that because the item was about him that he had to
pass the gavl. That's it. If it's a no, it's a no. It's over. Okay. Next. >> I'm not sure that there's a bright line rule on that, frankly. One way or another. >> Um, as a parliamentarian, I don't make
decisions. I only provide advice. Um, that's up to you and your colleagues to do. >> It doesn't matter. Let's move on to the rest of the conversation. Okay. Vice Mayor, there's a motion on the table.
There's a motion to approve >> and to enter the >> for which one? Well, we'd have to ask um the clerk and the what I think they're say they said there's two motions on the table.
>> Commissioner, >> you you don't have simultaneously two different motions. You have a motion. There are subsidiary motions that can address a motion on the floor. table is one refer
uh you can move to amend etc but you don't have two separate main motions at the same time. You address one and again you can have subsidiary motions to a
motion but you don't have a two main motions simultaneously. you have to somehow dispose of one and then you can make a separate main motion. >> All right. Well, I I didn't get an opportunity to to really speak. So, if
through the mayor, if I may. >> Yes. >> Thank you. So, look, I I it's not right that you haven't had the um opportunity to um review what is being said about you. Um, at the same
time, I don't believe that this um, algo is going to lie on on the on the report that they did. But I and I do understand you you have a right to to see what's in front of, you know, what what you're being accused of, and I totally would
want to as well. But you know the the little bit that I did see right the the report that we all got um you know it's interviews with the employees and I mean I was the chair of the civil
service board. I always always always voted with the employees. Like not one time. I remember once one of the city managers got really mad and and that's why that whole process of removing the
civil service board was because you know we were voting with the employees. Um I um I think last month or the month before
I I said that I you know we I I st we stand with the employees to me it's always about the employees treating them right treating them well and um I don't appreciate what was done to the employees that that they that they felt
that the way that they did that they felt threatened that they felt that that they were yelled at. You know, I I just don't think that the employees are lying. >> I would say look at please get a copy of the recordings cuz there was an instance where an employee and I think the HR
sent saying send a uh saying that I want to recant this. There's been other employees that say, "Hey, I didn't say that." So, we haven't had an opportunity like I would just want the recordings to come out. >> All right. But if if the one employee recanted it, why haven't the others?
>> I don't because we haven't gotten copies of them. I think some of them have asked for copies of the recordings, they haven't gotten them. >> They've seen the report that came out. >> They don't. They haven't seen But I'm telling But I'm But I'm saying that many of them just the way that they reached out to you saying
>> I had never said that. >> But the same way that the one employee recounted, the others could have recounted as well. >> They have tried. I'm saying that you could ask for >> they've tried to recant to to whom >> who have they recanted to who have >> from my understanding they try to reach
out to algo group themselves to get a copy of them they have not >> so what I'm asking is that why don't you just ask for copies of them so you can listen for yourself that's all I'm asking >> I the the person wait
>> when the investigation was done wasn't it done under the premise that if the employees talked that we wouldn't didn't have any recourse to the employee or be a be going to go after the employee. >> But what I'm saying is that they don't what I'm saying u commissioner turnoff the recordings the the report itself is
flawed. You already have one person on the record and there was an email sent from the manager saying HR HR was clarifying an issue in regards to the in regards to saying a statement. They crossed it off. Other employees have reached out to me and I've already expressed that to the state attorney saying they've reached out to me. Please
go get the recordings. Go get the recordings because they're saying that I never said that. So I don't that's the whole issue of it. Get the recordings and if they and if they cooperate cooperate but they're saying that it's not cooperated.
I understand. But understand that when they they had aminity by doing their report >> as far as I was concerned if we wanted them to talk truthfully, >> but they're going to that the state attorney is already looking at that and they can have that determination with
them, but they haven't even gotten a copy of the recordings yet. So, they can keep the aminity, let them investigate, but that hasn't even happened. >> How do you know that, >> Mr. Mayor? How do you know that they recounted their testimony? >> Cuz they've reached out to me just like
they reached out to you. Couple of them said, "I never said this." >> They never reached out. >> No. No. You said that you've talked to a couple of them. >> Oh, I cuz I made the phone call. I reached out to them. >> Who's them? If if if they're anonymous,
who's them? How How do we even know who they are? >> They are the people that they're talking about. The people in the room. The people that >> Are they Aren't they anonymous? I mean, >> you couldn't. >> But no, no, but but just to to to protect people's rights, right? All I was asking for
>> is for this the the ALGO group to give the transcripts over to the state attorney and the commission on ethics. They don't have any of that. Let them investigate from that point on. >> Mr. Mayor, if I may, um, so we're hearing that this is supposed to be
anonymous, right, from Commissioner Turnoff. It seems like several people up here have had conversations with whoever these anonymous people are, >> right? Um, commissioner Smith is saying they're not anonymous. >> So, Commissioner Turnoff, are you saying
they're anonymous or they just have the right not? What What are you saying? Because you use the word anonymous. >> When they were asked to speak on the to speak on the record. They were given more or less
amnesty, omnimity, whatever you call it, for their testimony. And so that we couldn't that's why they were called A, B, C, D, E, and F. They weren't called by their title, by their name. >> Right. So you're saying that >> the reports
>> that's anonymity, right? Now all of us can read between the lines and see who is A, who is C, but that there was supposed to be some kind of protection on the employees.
>> Commissioner Turnoff and through the mayor. Look, if if the mayor believes, which I would I would more likely agree with, that we need to have a process before we get to a censure, then that should everyone should be able
to avail themselves of that, right? Um and and I also believe maybe that should be something that is retroactive, right? Um because it it you know it it can't be this way in this scenario and some other way in another scenario because we need
consistency and continuity on our commission. Now Commissioner Sue said, "Well, here's what a censure means. If this is what a censure means based on your definition, then you can censure based on something that is subjective. It's your feeling. It's how you feel.
You can vote based on that. But we also need to be consistent with that as well because you can't be subjective on this and then say well with every other censure we need to be thorough and we need to have a full-fledged process. So we got to choose which one that we're going to we're going to go with. Are we
going to be subjective or are we going to really go through a process? And if we're going to go through a process, let's let's let's do that, but make it retroactive to everyone else in in essence invalidating whatever we did before this. Um is would would be my um
would be my um my position on on this issue. >> So, may I may I respond to Commissioner Flormon, please? Thank you. So, so now you're saying that you're willing to overturn the censure for former commissioner Barbara Kramer because it's
not about one commissioner. It's not about one commissioner. Allow me to finish a process. >> So, yes. So, that's what I'm saying. What was the process when you censured her? >> You're completely missing the point. >> I'm telling you I'm telling you, okay, >> if you want to be subjective,
>> then let's choose for that to be the case, right? Mhm. >> And if that's the case, then that's consistent with what we've done before. >> I see. Okay. >> That's what I'm saying. >> But if we're saying that, okay, you know what, Mr. Mayor, we're going to go
through a full process and or allow the process to play out before we come to a conclusion that we're going to censure you based on fact or proven fact, right? Then that's what we need to apply to everyone that's been through this process. There's been several censures
prior to this, right? Um, >> three, >> three, I believe, right? And so, having said that, we need to make sure that that's the process and it's retroactive. But what I'm saying is we can't choose to be subjective with one and then decide that we want to process with another. Thank you.
>> So, we are being subjective. I assume >> whatever you want to do is what you're going to do. But I'm No, I'm saying whatever this commissioner wants to do, Commissioner Sushi can do. But in in this scenario, as I'm stating, what's happening here is
based on what I see in front of me. And that's an investigation that has not been fully and thoroughly completed. And we've voted to send it to 70. We voted to send this to ethics and to the SAO. And what's in front of me here are
findings of fact versus something that has not these things have not been found to be factual. We talk about anonymity of people. We talked about something that was said about our city attorney's office and that was re uh um changed as
well um because apparently that statement wasn't correct. So if we're going to do that, if we're going to do it based on what we're seeing in front of us, it hasn't been fully fledged out. And I believe we need to go through a full process before we censure someone. But at the same time, I'm able to say
that if we're going to do that for this mayor in this scenario, then we also need to implement that process even retroactively for those who were censured prior. >> Well, if we're going to go retroactive, we'll have to dig France Pierre up. May
rest in peace. >> So, I don't think that's happening. So you you >> I I just want to say um before last month I was going to try to pull it if it was on because I did my due diligence there as well
and I saw that each one of those three defippo Kramer and Pierre were given 30 days notice and so therefore I felt the process here should have been a 30-day day notice. I
was glad when we pulled it, we brought it back, but you're 100% right that and if that's correct that we're voting on what's in the resolution. But
remember, when you start reading into a resolution, sometimes you find out other factual material. You can't just all of a sudden get that out of your mind. It might not be in the resolution, but you find out other things. I'm just saying
again, I'm not I'm not 100% to which way, but I love hearing some of the other thoughts. And the reason that that's very important is because it seems like we each have a different kind of feeling about how how
this me what this means to the city. What does it mean to the city to have a mayor that has maybe some behavior for the employees? I mean, I'm hearing that over and over now,
which wasn't one of my strong thoughts, but I can tell you something. I am taking this serious. I hope and I see that you all are. You are taking it serious. And we have to do the right thing for the residents because that's
their mayor as well as is our mayor. >> May I? >> Commissioner Smoke is that? >> Yes. Um All right. So you said that you spoke to the state attorney's office. >> Oh,
>> about your about this? >> Mhm. I for I forwarded over the copy of it. The I for over a copy resolution. Yes. Yes, ma'am. And it's they're looking at it right now. There's a there's a ASA assigned to it. Yes, ma'am. >> All right. And also, um,
correct me if I'm wrong, but you were censored in 2019, right? >> Did you say >> were you? >> I mean, you don't even remember. It didn't ruin your life. If it didn't >> No, I I I remember the it was it was a
censure because >> it was the they had they said I put something on the table. >> Okay. But what I'm saying is that you were censured and didn't ruin your reputation. >> No, this is this is this is very different from this. This is alleging this is going to a criminal tribunal
>> or a criminal um process. This is way different than alleging putting something on the table somewhere. Commissioner Craig, Vice Mayor, he was censured before >> in 2019. >> I wasn't here then. Tell me what the censure was about. >> No, you were here in 2019. >> No.
>> 24. >> You were here. >> No, you were here. >> You were here when that happened, Commissioner Smith. >> 19 and 20 were the years I was out. >> No. >> No. You were here. >> 20 21. You came back in 22. You lefted by us for what?
>> For putting some um a documentation on the table. All right. Um, so I have a question. Did Did you or did you not say to an employee to go to f word Phyllis Smith
and Fortuna Smuckler? >> No. Please look at the recording. No. >> So you're saying the employee is lying? >> Yes. Or the or that report is lying? I'd like to see the I'd like to see the recording. Please. >> So you're saying that the the the algo made up? I I honestly believe that the
recording will clarify a lot of issues tied to this report. >> Do you think that Algo just made up that that the employees should said >> Commissioner Smuckler? Like I'm saying, can we look at the record? Can we have the recording? Can we have the transcripts? There's been several employees that said I didn't say this.
>> Can we have the recordings? >> So why why haven't the employees reached out to you and not to the rest of us? >> I don't know if they told me they did reach out to Algo. At least one of them said so. They they haven't got a response from them. That's all I'm asking. An opportunity to
get the transcript. >> Well, one of them recount rechanged or recounted. But you're saying there's more. >> Yes. And I'm saying please have the recordings released >> and none of them have reached out to the manager to >> I don't I don't know for a fact cuz like you said before, I haven't had an opportunity to speak with the manager
directly. I have not on that issue, but I'm looking for an opportunity to have the >> Mr. manager. Has any employee reached out to you and told you that that the report is wrong? >> Um, through uh the mayor to Vice Mayor Smuckler, I had a conversation with an
employee uh who stated that he didn't recall uh exactly what he said, but he wasn't sure that it's uh that it said that he said what it said in the report.
and he asked me to reach out to the law firm and to request um uh copies so he could listen to what he said because he wasn't sure did he say city attorney did he say um uh
interim city manager and I asked him do you rem and I I said do you have any recollection of what you said of which one you said and he said no so I did reach out to uh ago law firm and I requested copy of the recordings and or a transcript of
the recordings. I was told that once um a criminal investigation was launched by the state attorney's office that they were no longer a public record and they would be made accessible to the city. This is what I was told. Okay. >> And I and that they would be made uh a
public record and accessible to the city once the state attorney's office were completed with their materials. However, they did send back um the revised interim report changing the gentleman's statement from um city attorney to
interim city manager. >> All right. Thank you. >> Um Mr. Sores, there was a comment that was made in regards to public records that the it's still a public record. What they have algo group is still a public record. If you did they give you that in an email or is that on a
conversation that it it becomes a criminal? >> I've definitely was it definitely was a phone conversation and I'm not sure if that is I will check my my emails to see if they put that in writing. >> I I'm I'm going to I want I I I'm not really clear
on my criminal civil procedure, but I I'm pretty sure I'm 100 pretty sure that that those records are subject to public records. They are. And all I'm asking for is that they're supposed to they can't just say this over the phone. They if they if they say this and it's in
writing, that's one thing. But I don't think they that's that's legally sufficient at all. >> Mr. Attorney, >> Commissioner Smith, I will remind you that when the motion was passed originally, it was explicitly stated
that as city attorney, I was to have nothing whatsoever to do with this process. I don't know what was said. >> No, no, I'm trying to answer your question, Commissioner. I don't know what was said. Some members of the deis
have said that there were promises made to employees that there was confidentiality or anonymity. Um I am not a criminal attorney in any way. I've never held myself out. Um I have
>> question topic. That wasn't one I let me answer. >> No, because that's not what I asked Mr. I did. Mr. Giller. What I asked was he said that the they told him he could not have the records from the law firm because it's under investigation, >> a criminal investigation. He said he can't.
>> And he is saying the mayor saying that that's not true. They are public weather. I'm just asking you, are they public weather as an attorney or aren't they? If the state attorney has procedures
that govern the release of records in criminal investigations, those procedures are not known to me because I am not a criminal attorney and I don't handle criminal law cases. Typically,
unless there is some exception, documents are that are quote official documents are public records. Is there some kind of attorney client privilege that applies to what they did? I don't
know because I don't know the terms of that investigation. I followed the instruction and kept myself apart from it. Um, I'm not personally aware of what exemption might exist, but there may be
one when it comes to a state attorney's investigation. I don't do them. I don't handle them. I don't know their procedures. I'm unable to answer that question for you because I don't know whether there is something that I'm not
aware of. No, that's no >> something. Mr. Mayor, >> I asked Jackp want to know that answer. >> Mr. Mayor, >> Commissioner, >> I know we have less than an hour to go. I don't know if there's appetite to
extend the the meeting or to even discuss the items that we have left. >> I >> or if we want to go into a vote, I'm not sure what we want to do. >> Okay. I'm going to >> call a question. >> No, I'm not. >> I'm sorry. Or were you going to make a
comment? >> Do you want to speak, Mr. Mayor? >> Yeah. >> Okay. Go ahead. Want to hear you. >> Okay. I'm asking for us to make a a formal request to get the documents before you make the censure and for them to respond in writing to
say what I guess they told the manager. I believe and if they tell and they say that that they can't release it based on that on on a documentation or whatever then please bring it back at the next commission meeting which would be like on April 7th or what have you. I don't think they're going to be able to do
that but I'm asking for an opportunity to get those records. They're public records. I believe them to be public records and they should be able to release those records. That's what I'm asking for. >> Chat GPT says it's not
Mr. Mayor, I just want to >> It says in Miami Day County, completed police reports and arrest reports are generally public record under Florida law, but active ongoing criminal investigations are usually exemp exempt from disclosure until the case is closed
or inactive. But this is I don't know how accurate this is, but I'm just >> commission. And Mr. Mayor, may I >> before? >> So, >> I'll just ask my attorney to say one final comment. Mr. Suarez, can you say
one final because I know you wanted to say something. Can you say something? Yeah, please. Cuz we're dealing with criminal law and now we're looking at Okay. All I wanted everybody to reflect on for a second is everything's being based on these
unknown undisclosed statements by alleged anonymous people, right? That's that's what and there's all sorts of conclusions that are being reached on that. When there is an answer to the question, that answer exists.
There are transcripts, they are recordings. Um, if you're not going to look at the answer to the question, by definition, the process is flawed. It is no question about it. The second thing I'd like everybody to consider, and I don't know
the answer to this question, which is we live in the most latigious society in the entire world, 180 countries. Any employee, any employee at this city that is accused that has a harm can get up, walk to HR and file a complaint at any
moment at any at any moment >> except in North Miami Beach when actually nothing was filed when the report was made. But but but but my my point to you is why is it that it's not until a law firm
comes to say hey and has interviews that people start making complaints. I don't know the answer to that question. What I do know is they haven't made the complaint before. And that's highly unusual in this society. Highly unusual. By the way, they could go on the website
to the EEOC and do it and 10 years and I'm not seeing anybody here waving any type of claims that were made against Commissioner Joseph. I think it's just it's academically dishonest. It's 10 years, but it only happened from
February 2nd to February 25th. in those 23 days out of 10 years after we pay a firm to go talk to people. That's that's the most absurd thing I've ever heard. It's insane. >> That's not true because that's not true because
>> where's the proof then? If that's not true. Bring the documents and show. >> But we already heard I had already heard about it. So it's not between those dates. I had already heard through the rumor mill that that this was going on. >> So that's where we are in America through the rumor mill. That's not fair.
Sorry. >> So, so you So, you know what? I'm I'm I I care about my employees and if my employees are saying something, then it's true. Okay? So, don't come here and say that it was between this date and that date. If the employees are saying
and if the employees are talking about it, then it's true. Do do not do not do not talk bad about the employees of the city of North. I have not spoke I've not said anything and I resent the and I resent the accusation. But if you're going to say something that an employee >> say that they're lying, do not say that
they made this up. Do not say that about the employees because I will defend it. >> Why? So so an So an employee has a problem at this thing and they can't say Commissioner Smuckler, I was offended and agrieved by Michael Joseph email, a
text message. Where is that? That's what's not man. I'm sorry. They have to report it to the city manager. >> Excuse me. They don't. They can report to human resource. Can I just tell you something? Comes. I'm older than you. I'm going to answer your question that
you'd have no idea why it's that way. They are scared to death of the repercussions. They had an opportunity for somebody to come, maybe your firm, somebody to come and give them promise them anonymity. That's the reason I have been here 20
years. Not yet. Maybe soon. But let me just tell you something. I've talked to so many employees that have such grievances and they make you promise not to say anything because they need a roof over their head. They need to feed their children and they don't want the
repercussions of being fired. That's human nature. That's human nature for anybody. But here it's especially because somebody can hold a grudge, just a grudge, and they know the right person to tell and that person is out. We're
not we're we're in a situation here and and I'm listening to what you're saying that and I appreciate that. See, I'm listening that we're voting on what's here. And I circled every word. You can see it. I haven't touched my pen. I
circled every word that said substanti substantial that said near threshold that said potential legal that said substantial I because I I wanted to know why it wasn't so factual factual factual
but the content is the content enough and as the vice mayor which I don't want to call her out I don't want to get in trouble But she says to me, "Did you see what he said about us?
He said, "F you." to me and you. >> I never said that. I I never I never said that. You're >> I understand. >> You're You're going off of something that off of I'm saying I never said that. >> I Well, I personally didn't hold it against you, >> but I But I never But I never said that. >> But I'm personally But here's the thing.
>> You have me on the record saying I didn't say something. I did not say that. >> Here's the thing. When this is brought before us, and Commissioner Jean, thank you for telling us to hurry up. When this is brought before us, this is 100% telling you to open yourself to is there
possibilities that would make you from the years past or whatever. You can't shut that out even if it's not written here. >> But I never but I'm telling you I never said that. >> Okay. I didn't hold it against you. So I'm >> No, but you're but you're holding other
parts in there that I'm saying that I didn't do that. >> Listen, I was brought up with two brothers. We didn't talk like that in my house. And then you know what happened to me as a young girl? I married a plumber. We didn't talk like that in my house. We didn't talk like the first time I heard
that out of his words as a young bride. I made him apologize and didn't speak to him for three days. He never did that again. Our house is a little different because today that's a standard word like how are you? But I still say a little self-control, a little using your
mind to pick a different word. But that's not me. that that's me. I don't I want you to be you. You be you. >> But I am but I look I'm saying again I never said that. I'm telling you that
there are conversations where they other employees the same way they've reached out to you said that they have had issues with other people on this day that said they said this, they said that and please go get a copy of the recordings cuz they stated it on the recordings. However, it never showed up
on the report. >> Well, how long do you have to wait? We could wait 6 months to find out it's true. >> No, I'm ask I'm I'm asking to get a report to make a request right now to get to get that report so I could so I can have some type of due process so I
can show you guys that what I'm telling you is true. So, so what did you mean when when at the monastery when when Commissioner Smith and the Chief of Police and you were being honored that night that I went up to you to congratulate you and you told me that I
needed to stop talking to it because I was making them nervous. What did you mean by that? >> That was the day that I sent an email. I sent an email to it saying, "I heard a rumor that the mayor wanted to um edit
the the Zoom meeting and they responded and I said it very nicely. I said rumor." I said, "Please." I said, "Thank you." I was a very nice email and they responded shortly thereafter. No, we're not doing any edits. There was no
nastiness involved between me or or it. It was it was a very >> I got it >> simple. And then you came up to me that night. >> No, no, I did not. I did not come up you. >> Okay. I came up to you to congratulate you. Sorry. And you started like
you started like I don't want to attacking us, but you you were >> I was sitting down and you >> and you got up and you started telling me what's wrong with me? Why am I Why am I um scaring it? What am I doing? I'm
scaring them. I'm making them nervous. And all I did was ask >> I >> um you know I'm not crazy like don't don't like you can stop talking. >> Can I ask can I answer your question? >> So no because I want to know I want to
know I want to know. Can I ask you a question? >> So >> I call a question. I call a question. I think we should move on. So, um, I motioned forward this censure to censure Mayor Michael Joseph. If
anything, charter violations, treatment of employees, charter violations, not just procurement, but also charter violations for for um bypassing the city manager and asking employees to do things. So, with that, um, do I have a
second? have the motion. >> I already have the motion. So, I call a question. >> It there was a second before. Was it for tuna? >> Um, no. I was not off. >> Oh, J.
>> Okay. J, >> are you changing your position? She said call the question. Do you want the vice mayor to proceed? >> Proceed. >> All in favor say I. >> I. >> I.
>> I. >> Motion fails. All oppose say nay. Nay. >> Yep. >> Fails. >> Thank you. Excuse me. >> He did. He did. He did. >> Thank you. Next item. >> What did you say? >> I said no.
>> No. Next item. Madam clerk. Thank you. >> We're going to go back. >> 11.1. >> Yes. >> The next item would be back to 11.2 because we did 11.1. Move to introduce ordinance number 2025-14.
>> Oh, yes. I I I did have a motion. >> No, I didn't make a motion. >> And she seconded. >> You want to add You can add it for We're going to the discussion. We're going to discussion because it was it was in it has to be Germaine. if you want to add a discussion item.
>> Well, it's Germaine because we were talking about um about possible lawsuits for censoring someone. So, I don't >> parliamentarian. How would you I just want to Okay, let me who's making the motion? >> Commissioner Smucker,
>> what is the motion? Vice Mayor, >> I made a motion to unensure Commissioner Kramer and it was second by Commissioner Sue. There is every ability on your part and on the commission's part to address
the censure of former commissioner Barbara Kramer. However, you need to be clear what it is that you're proposing. The censure occurred. It is a matter of historical fact. I'm not aware of any
procedure whereby it can be erased from the public records because if there is such a procedure, it's not known to me. Now this commission has every ability to
express its opinion, its viewpoint, its current take on what happened at that point. That is absolutely within your power to do and you can say what you
think about it and you can vote and that will also be a matter of public record. But understand that you don't have the ability to direct it be erased. It occurred historically. It is in our records and you can't erase
it. So if your motion is for this commission to express its opinion, you you absolutely can do that, but you you cannot when you say uncensure, I'm not sure what that word means. Like I said,
you can't erase it. If you're if you want to take it, you can put it on the record. You can put it on the record. >> This commission say we think it was the greatest or the worst or anything in between. >> We can't take it back.
>> So, do a resolution. >> Well, I mean, you you can vote on now, but >> that >> right >> it it's in the minutes. I mean, you can't go to the minutes and >> Yeah, but we Okay, so in the minutes it says she was censured and then in the new minutes it'll say she was
uncensured. >> Correct. >> I don't know what that word means. I'm sorry. I'm not aware of it. >> Means the opposite of censured. When you undo something >> you you can >> sure there's a word. Hopefully >> you're permitted to express
in any way you want to. I actually had this conversation early on in her term with Commissioner Sue when she asked for the same thing and I said the same thing then that I'm saying now. You can vote anything you want to to express the
viewpoint of this commission, but you can't undo something that is in the minutes and occurred. You're permitted to vote anything you want to do, but it is a vote of this commission and it
expresses your point of view and you can do that. Absolutely. >> Is there is there a um >> or she could put it, right? >> Well, not even a discussion. I think Mr. Attorney uh you know, several people have expressed their volition. Maybe you
should sit down with them and come up with some sort of a resolution to to verbalize exactly what it is that they want to see. >> It's very simple. It's anything. >> So, put it in anything you want to >> put it in resolution because it's not >> it's the a statement of this commission
at this time as to your view. You can criticize it. You can say it shouldn't have happened. You can say it was wrong. Or you can say it was great. Whatever you want to say, you have the privilege of saying, but I don't I'm not aware of
a procedure whereby you can say it didn't happen. I mean, if there is one >> So, we have a motion. We have a second. Fortuna, you're the mayor right now. >> Okay. So, >> so let's have discussion.
>> Just state what it is that you want to say about that censure. However you want to phrase it, that's your privilege. You can say anything you want to be in the public records. >> I'd like to refer this till next month and put it on a discussion item or
resolution. We have legislation in >> All right. Yeah, it's 11 hour. I don't want to discuss this any longer. Please put it on for next month. >> Say >> I said it's 11:27. We have other things we need to talk about um that are important as well. I don't want to talk
about it any longer. Please put it on for the April meeting. Madame clerk, did you see hear with the vice mayor? >> Okay. >> And vice mayor, I'm happy to work with you on language. >> Thank you. >> All you need to do is tell me how you want it to read and we'll prepare it and
the clerk will put it on. >> All right. So now what? >> Move to introduce ordinance number 2025-14 >> 11.2. >> Madam vice mayor, you need to ask for a second. >> Oh, do we have a second? >> Second.
Item 11.2, ordinance number 2025-14, second reading, creating workforce and hero housing program, sponsored by Commissioner Jean. uh an ordinance of the mayor and city commission of the city of North Miami Beach, Florida, amending chapter 24, zoning and land development code of the code of
ordinances to create a new article 21 entitled workforce and hero housing density bonus program providing for legislative findings providing for definitions eligibility criteria and development incentives including
fractional density calculation for qualifying units providing for administration and compliance providing for codification, conflict, scriveners errors, severability, and an effective date. Second reading.
>> Move to adopt. >> Well, you you got to ask for >> a second. Do I get a second? >> Second. >> The roll call. >> I wanted to Oh, Madame Vice Mayor. >> Yes, Commissioner Jean. >> Okay. There's two questions I have on this. Number one, what are we doing
about the parking? Number two, what are we doing about the parking? >> Well, you're going to have that many more in more density space. Where do you find a parking? If somebody has a onebedroom that's going to count as a
threebedroom, how many parking spaces they get? If they have a twobedroom that counts as a half a bedroom, do they get a half a car? >> That's correct. >> We need to know about the parking. And number two, this is a 20-year program for the developer. He's obligated for 20
years to give housing, fair housing, especially for our first responders and our teachers, etc. But who is going to be the followup? I spoke to the person that
voted no, and that was what I gained from that phone call. who is going for 20 years to make sure that they are charging the low rent to people that qualify and not to their friends and
their cousins etc. So is it going to be code enforcement which >> I could answer question two but not question one. how the h the parking will specifically work and what's sufficient is not for me but I can say as to
question two that that is something that will have to be adopted by rule maybe in the form of a resolution but there will be a rule as to how that's done and it will come from the community development department
whether it's the the code division or some other but there will have to be an implementing action once the ordinance is passed whether again whether it's a resolution that gets passed or whether the department issues a rule and I would
think that perhaps Mr. Ahmed would hopefully agree with that I as question one that's beyond my >> okay well I really wanted to ask that to staff I mean to my fellow commissioners because um should we incorporate this
Mr. beller in as a as an amendment to incorporate it in here that they will be under such and such. >> I think the department is waiting to be heard if you'll allow that commissioner and they can speak to that. >> I would like to make that amendment. >> Then I'll give the opinion once as soon
as they speak about whether it's an amendment or not. >> Uh for the record, assistant director of community development. >> You have the microphone. >> Oh, sorry. Uh for the record of assistant director of community development Mitchell Austin uh the
parking calculations will be based on the actual unit sizes. The fractional density is just a calculation for the purposes of uh incentivizing uh the affordable housing program. the
uh certification of the uh of the affordability and the maintenance of that is part of uh it's an annual report that's required as part of the ordinance. So there is an enforcement mechanism
baked into the ordinance before you >> and who's going to follow that up from the city. So, it's uh it's I'm not sure if it's community development or the department of of
housing and economic developments. One of those two entities. Uh it escapes me at the moment because of the hour >> put that there will be an annual followup from the city into the is it in there now? >> Yeah, they have to they have to provide a report to the city.
We don't have quorum. Somebody has to come back inside. >> So they're required the the developer is required as a condition of the original approval to provide that report and relief. >> I don't remember where I saw it because
>> failure to provide that report would be a a code violation. So, >> and and it's the building department that determines that 30 extra percent of density, not not an extra square footage in the building, but making each unit
smaller. I had a vote on once when the religious uhmies had a vote to make their dorms smaller for the young men that attended because really they studied all day. So, that doesn't bother me. What bothers me is where are they
going to park? Again, as part of the actual development approval process, we're looking at the actual uh units, number of units to calculate parking. >> So, it's not in there though about the
number of parking places. >> It it doesn't need to be in there because it's in chapter 24 parking requirements. >> Thank you for explaining that to me. >> Do you think it's necessary? Well, I according to what he just said and it's
public record now. >> Okay. >> Those two things are already in the >> not in this um ordinance, but they are the ordinance has to speak to the developers have to
answer to our our building code. >> Yes. >> And that will bring up the parking. >> Okay. Um Commissioner, >> thank you. I wanted to also make the point that um as intended this legislation is going to
take some time to actually be come to fruition. Obviously is contingent upon upon someone building but Mr. attorney. Do you remember the caveat that I the the whole intent was for us to also engage even even though the the the size
of the units are smaller? The initial in uh the initial point was to actually work with also existing developers to see if they would consider the units that are not per se the smaller size but to al to allocate current units or
available units for this program. Right. So can you speak to that point of how we can engage existing because obviously >> this would be contingent upon you know I see Mr. Manager shaking his
head. No but I want I want to hear that was the whole purpose of this not six seven eight nine years from now to see the development you know. So I I want to I want to hear something to that nature. >> Well subject to what Mr. Austin said that because you've just created this
new department of housing and economic development, there is some question about where the line is for something from that department or uh community development. But with that said, um
those are all employees of the administration. And so presumably since that was something that you had expressed u the manager can marshall his resources and talk to both of the
departments and maybe it means both departments have some role and work together. But once the ordinance is on the books, as passes, as I guess it will on second reading, then the manager is
able to design a program that seems to to him to be effective to try to reach out to existing um developers and see what can be done to encourage them to do this and get as
the resolution says There are some incentives and benefits that are made available to people who take advantage of this and >> outside of of of the manager doing that. What codifies that? What can codify that?
>> Well, the incentives themselves are here. But as I as I said a moment ago whether how that same with with parking you can do it by rule you can do it by resolution or to some degree the manager
has some ability to design a program. Now, if in consultation with our office, the manager may have a question and say, "Do I have authority to do it this way or that way?" We'll be happy to answer a
question about what authority exists. If he needs existing authority, then it's not a problem. If he needs additional authority, then you know, we could do it by resolution, which we would help to drive. >> I would want that or by rule. >> I would want that. Yes. to the the
approval of this but to develop something. I want I want to put that in conjunction to the approval of this that a program is also established or created to engage current current um developments.
>> Absolutely. And in fact we have uh one development that if this should pass been it be the will of the commission that we're already looking to implement this program. >> Okay. Thank you. >> Yes. I have a roll call. I have a motion. >> Motion to approve.
>> Second. >> Second. >> Second. >> Madam clerk. Roll call. >> One second. We already had a motion on ordinance. >> It was a motion to approve from Commissioner Shernoff and seconded by Commissioner. >> All right, Madam Clerk. Roll call. >> Sure. Commissioner Florian one.
>> Yes. >> Commissioner Jean. >> Yes. >> Commissioner Smith. >> Yes. >> Commissioner Sue. Commissioner Shernoff, >> yes. >> Vice Mayor Smuckler, >> yes. >> Mayor Michael Joseph, >> yes. >> It passes.
>> Next item. Um, Mr. Attorney. >> Yes, sir. Uh, next item. >> Ordinance number 2026-02. >> You need a second, mayor. >> It needs to be a second. >> Second. >> Thank you. Um, I item 11.3, ordinance number 2026-2.
This is second reading. Public notice general amendment introduced by the city manager an ordinance of the mayor and city commission of the city of North Miami Beach Florida amending chapter two entitled structure of city government article three office of the city clerk section 2.4 Four, city clerk two-4, excuse me. City clerk, article 5,
departments of the city government, section 2-9, department of public safety, amending chapter 3 entitled purchasing. Section 3-3, formal contract procedures, and section 3-4, miscellaneous provisions. Chapter 7 entitled election. Section 7-7 vacancy
and candidacy elective offices. Chapter 14 entitled building and housing. Section 14-8, Administration and Enforcement of Building Planning and Zoning Regulations. Chapter 16, entitled Property Maintenance. Section 16-2, Upkeep of Lots, Parcels, and Tracks. And
section 16-3, procedures for sale of leans. Chapter 17 entitled Streets, and Sidewalk. Section 17-7 abandonment and vacation of rights of way and easement. Chapter 19 entitled Water and Sewers. Article two water. Section 19-20,
miscellaneous provisions of the city's code of ordinances to enable publication of required legal advertisements and public notices of the designated Miami Dade County website consistent with R 2025-188 interlocal agreement with Miami Dade County and in compliance with Florida
statutes 50.0311 0311 publication of advertisements and public notices on a publicly accessible website and governmental access channels providing for findings of fact communicate codification conflict discriminators error severability and providing for an effective date.
>> Um move to approve. >> Second. >> Madam Madam clerk roll call. >> Commissioner Jean >> yes. >> Commissioner Smith >> yes. Commissioner Sue, Commissioner Shernoff, >> yes.
>> Noted. Commissioner Florian, >> yes. >> Vice Mayor Smoothler, >> yes. >> Mayor Michael Joseph, >> yes. >> It passes. >> Next item, city attorney. >> Move to introduce number 2026-3. >> Second.
>> Item 11.4, ordinance number 2026-3. Second reading. Public notice zoning amendment introduced by the city manager. an ordinance. The mayor and city commission of the city of North Miami Beach, Florida, amending chapter 24 entitled zoning and land use development. Article 15, other development review procedures. Section
24-180, denials, notices, and fees. Article 19, development agreements. section 24-214 development agreements and appendix A land development fee schedule of the city's code of ordinances to enable publication of required legal advertisements and public notices on the
designated Miami date county website consistent with R2025-196 interlocal agreement with Miami date county in compliance with Florida statute 50.0311 0311 publication of advertisements and public notices on a public publicly accessible website and
governmental access channels proing for codification findings of fact conflict scriven severability and providing for an effective date. >> Move to approve >> second. >> Madam clerk do roll call. >> Commissioner Smith. >> Yes.
>> Commissioner Sue. >> Yes. >> Commissioner Shoff. >> Yes. >> Commissioner Florian. >> Yes. >> Commissioner Jean. Yes. Vice Mayor Smuckler. >> Yes. >> Mayor Michael Joseph. >> Yes. >> It passes. >> Next item, Mr. City Attorney. >> Move to introduce ordinance number
2026-04. >> Second >> item 11.5 ordinance number 2026-04. First reading noise ordinance sponsored by Commissioner Sue. An ordinance to 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 Provision. Section 9-4 noise control to establish specific noise regulations for outdoor power tools and landscaping equipment residences and outdoor events and to clarify enforcement providing for conflict severability conflication for an effective date. >> Motion to approve.
>> Oh, public comment first reading and then um Commissioner John has a comment >> and so do I. >> Mayor, while the gentleman's coming up, I'm I'm going to ask that you give me about 60 seconds before we adjourn for attorney's report. There's an item
Bar is up. >> Before you start, can you open up for public comment? Madam Clerk, >> sure. >> The floor is open for public comment at this time. Please speak only on the subject matter that is presented before the mayor and commission and you have three minutes to do so. Please state
your name for the record, sir. >> My Kazan. Uh, this should be a nice um ordinance, a noise ordinance, probably long overdue. We've have neighbors who play their music loudly.
They think that their music should re resonate with every other neighbor. It matters not. But when you call the police, they want to know your name. They want to know where you living. And it's like,
"Excuse me, can you just go to the address or where you're going to be hearing the loud noise? Why do I have to give my name? Why do I have to give my address? Why do I have to Oh, well, yeah, you can go anonymous. But then an hour after you still hearing that loud
music, nothing has been done. You call back. Now you have to give your name because if it seems as though like when you do not give your name, nothing happens. And you have to work into collaboration with
the police department with this. If you're going to have a night um a an ordinance like this and I can wake up 7 o'clock Sunday morning, start up my lawnmower and there's going to be no repercussions against me,
it's not going to work because my neighbor could do the same thing or they can play the music loud and and um you you have to give it teeth. I was talking to the city manager through the commission, a mayor and commission
earlier tonight about um neighbors, they hire these cleaners and the cleaners just take the the blower and blow the grass out in the road and we had a special ordinance for that where the grass goes into the drain, block it up.
I heard Eastern Shores have a problem with um with their uh lateral drains being blocked and it's getting flooded and so forth. Maybe their yard man is doing the same thing. But we have ordinances and you implement ordinances
but is not working. This there is going to be another one that may be another failure. You have to give it teeth. You have to work in collaboration as I said with the police department and they have to get a
better approach because about 15 years ago I called them up and this is the the ridiculous things I had to go through. I do not know if they changed because I stopped calling the police department. you can put pull public records in and you would see that I never called them
after for um this noise nuisance because their procedure was rather ridiculous back then. I do not know if it changed now. >> Thank you very much for having me. >> Close public comment. >> I wanted to ask a question.
>> No, no, just we're close, right? >> Yeah, I had a question. >> Thank you, Mr. Mayor. The question I had for the manager, I think I I was thinking about those the last time. Is it police? Is it going to be code that's going to enforce it? Which department?
Also, will they be a magistrate? Will people be able to bring their grievances to that aboard? Or also if someone says the music is too loud and then they call the police, but then they lower the music by the time the police gets there. How will you know
body cams would probably I don't know. Body camp. Yeah, they have sound. How will you what's the proof? Right. So, I guess those would be the questions that I have because are they going to be ticketed? Is there going to be a warning? Um will people be able to bring those grievances for a magistrate? How
does it work? >> Uh thank you, Commissioner John. Uh through the mayor to Commissioner John. The um we are looking at how to implement this noise ordinance should it pass. Uh generally the process is when the police goes out they will issue a
warning uh the first time and then the subsequent times is when citations are issued and you did and as you did not there is an evidentiary concern here and it is and you are correct if the mus is turned down or the noise is abaded uh before the police arrive. There is no
evidence besides word against word that this actually occurred and no citation will be issued. And there are neighbors that um do look out to see when the police come, make sure the music gets down, have a lookout to avoid a citation. That that is an ongoing problem in multiple cities. However,
once a citation is issued, it will go to our magistrate court and um our magistrate court will actually make um evidentiary decisions there. >> Is that the I was gonna >> It is a you want to get you want to get the SOP from the chief how he would
handle this. It it it is akin though to uh there are certain crimes for instance I don't know I'm not a criminal lawyer but I know that there are certain crimes that the officer has to actually witness that can't rely on some third party
saying well believe me I heard it because the the officer and those now again I couldn't tell you specifically but uh I think I think battery is one of those >> so we need synergy between the code and and the police to see, you know, to the
mayor's point, for example, is there existing protocol for something like that to be, you know, you know, added to this? How do they usually handle these these type of complaints? Right? Is it code? Is it police? Will police go out
during a a noise? You know what I'm saying? I mean, those things, should that be a code code enforcement officer going out? I don't I'm not sure if we have those. I believe it's going to be both. >> It's first reading. So just >> it's going to be both because if it's the middle of the night, then there is no code enforcement. It'll be police.
It's both on the I just had one quick question, Mr. Mayor. And that's >> every police officer is authorized to enforce code. >> You know what could be possible in this day and age? Just videos. Instead of the police being there, there is a video that the minute they leave that the
video shows us they turn it back on. Um, I just want to ask about the fines again. I appreciate this. I support this, but I think the fines should be $100, then $250, and then 500. I think I think $500 is
>> You could move to amend. >> Move to amend. >> I make a motion to amend it. >> Hang on one second. May I There's a couple of amendments in here that did not take into account your comments from last time. And um, this one I need to address to the attorney. I sent you an email. I know it was very last minute.
I'm sorry. I've been under the weather for the past couple of days, but I had a tiered fine put in from your comments last time. So, basically, the first fine after the initial warning. So, they're going to get a written warning, a a warning citation. Then, the first fine
is 150, the second fine is 300, and the third fine is 500, and thereafter 500. Now the thing is that I wanted to bring up was um like these warning citations references issuance of um a citation for first violation which aligns with
existing code requirements already. Um immediate cessation which means that the activity must stop right away. Um here's where it happens where it says in the ordinance that was written there was per occur occurrence. So if they turn down
the music then you know they go back to partying and and we are doing 25 ft which is very easy to determine that means two houses away you shouldn't be able to hear anything three cars away you shouldn't be able to hear anything and I think that's fair that's enough
partying for people after 11 p.m. So that's uh the occurrence is if it continues on the same day or if it's a separate day, I think we need to be a little more we need to tease that out a little bit more. >> Um >> however you'd like to do it issue, do
you want as the sponsor having said that you want to now yourself make the the motion to amend? Well, I have to rem I have to resend my motion and >> vice mayor has to resend her second. >> My second because we already >> Commissioner Sue, what is your
>> I'm back. Commissioner Sue, >> what is your amendment? >> Okay, so my amendment first of all is the tiered fines, right? There's 1, two, and three, 150, 300, 500 thereafter, meaning after the third. >> Um there's always a written citation which already aligns with our current
code requirements, right? the written warning and then the um the immediate >> we get to the other. Can we close with that one? >> Yeah. >> Mayor, you vote for a second. >> What was the second? >> The one that was sent. >> My motion was 100 250 and 500. Your
motion is 150 300 500. >> So is are you seconding the amended? >> I don't. Yes, I'll second it. >> All right. So as the the mo the >> ordinance as amended >> seconding commissioner s amendment
>> 305 >> correct. >> Yes. >> So let's vote on that on so just you take a voice vote on the amendment. All in favor say I. >> I. Now >> what's the you have any other also? >> Oh I'm sorry. >> I I just want to >> Mayor you need to extend. You got five minutes.
>> All right. Um, I need Can I get a motion extend for 5 minutes to um >> I'd like to extend it 15 minutes. >> Yeah, 10 or 15. >> 10 minutes. We'll extend it. >> Don't feel bad that I have to be in the airport at 6 o'clock tomorrow morning. >> You extend it. You don't have to use all
of it. >> I'm going to >> Okay. Um, we'll extend to 12:15. All in favor say I. >> I. >> I. >> Okay. I >> Vice Mayor, >> I just wanted to know if we incorporated anything from Miami Day County's noise ordinance in here.
>> Yes, >> it's already been incorporated. >> It's incorporated. >> Okay. Okay. Thank you. >> Yes. So, there's there's two things that I want to bring to your attention to my commissioners here. First of all, it's the u the clarification of occurrences. If it occurs on the same day again, you
know, is it a separate day? Like, I think we can discuss that. But I mean, now that I have you all here, I'd love to hear what you think about the occurrences. Like, if it happens on the same day, do they then get another a second war? >> You may do either. So, it's whatever your pleasure is. If you want to say per
occurrence or per day, it's all you need to. >> Okay. So, this was something that I want your opinion on. I I believe that you have been governing longer than I all of you here have been governing longer than I >> We'll be lucky if we can get the code enforcement and the police to be able to
enforce the first thing, let alone two. >> So, I'm sorry. >> No, no. Um because I there's one question. I mean, how is the this new type of um regulation or this ordinance that we're proposing and it is first reading? Um we the the the police
department's opinion and how this might affect their procedures moving forward. So the thing is I think when when residents have issues with sound, they normally call the police anyway, but the police doesn't have any there's no there's no measurement for it, right? >> Is there there's no tools that the
police can use to measure? >> I don't do you have a decimeter, >> chief? I I just want to know how what they what the for people out there to understand what what is their procedure? >> I don't know if they have it, but there is such a thing. Well, I >> it would be simple enough to say that >> the department can purchase what?
>> Okay, the chief is talking. >> Chief >> chief is talking. >> So, normally it's 100 ft. Uh we'd have to hear it uh decibel from 100 ft and we'd have to measure it. We don't have any tools to measure that at this time. But we would write a report and it goes to code enforcement and they would issue the citation. But if we pass this
ordinance, you'd have to have a magistrate and all those other things in order to enforce that, which we don't have in place right now. The code magistrate already exists. Correct. So, we're not adding anything new to that process of the due process. Corre is
that >> that that's that's correct. But I'm just saying that we would have to have that in place. >> Mhm. Okay. So, normally what happens when a a noise complaint happens with you? >> We'd write a report. If the officer can verify that it's it's within 100 ft, uh
then we'd write a report and go to code. Code will go out issue a citation. >> Okay. We'd have to get a decimal meter. Yeah. >> So that's this makes it much simpler. Meaning >> three cars, three standard car sizes. If
you standing three car sizes sizes away from the location and you can still hear the noise that is really bothering you that is over 25 ft. >> But why be subjective if the the equipment is there that we can we >> can can we not get that? >> We don't have that equipment. And the death meter is not key.
>> Is it I'd have to look at I'm not sure. >> What is it called? It's not cheap, but no, I mean like like I said, three standard cards, two houses. That's very simple. It's very easy for us. >> Um the second thing Okay. >> You're making an amendment. >> Is that your second amendment?
>> No, no, that is already in the >> Oh, okay. Okay. I thought I thought you said you had in the ordinance already. >> Another amendment. >> Yeah. And we're doing this because we're aligning with the with the county because we do border a lot of the county, right? Like the donut hole and whatnot, but >> Okay. So, I want to be quick. Sorry.
Commissioner Smith has a flight. All right. So, the next thing that I want to do is like I need a grace period for contractors if we do have contractors that have to register with the city and do work do like all the heavy heavy machinery inside our city. Should Mr.
Manager um do you think we could have a 30-day education period where we send it out or do you think we need 60? >> Whenever possible. um through the mayor to commissioner Sue whenever possible. It is my recommendation that you have
the longest educational period you can particularly when there's going to be precinerary fines that are going to be addressed to the residents. So 60 days would be preferred over 30 days. >> Okay. So uh in the comment that I sent an email to you sir Mr. Attorney like please make sure that that the education
period is 60 days. So I Yes. And I am I'm proposing >> You should just make the amendment, right? This >> Okay. >> Okay. >> I I'm amending um to have a grace period for contractor education for 60 days. Do I have a second? >> Second.
>> Uh as amended. You have to vote on the amendment. >> As Yeah. >> Okay. Go to provide a 60day education period so that people get notified that this is a new rule. >> Contractor. Were you talking about lawn and tree as well?
>> Yes. And construction >> that go under the word contracting. >> Well, because a lawn person would want to be contracted in that sense as opposed to a contractor that's actually has to go to like holding >> that's a diff there's a simply say contractors and
>> is that >> yes that would be better. >> All right. So can you want to >> so how do we do it? um period for contractors and service personnel for 60 days. >> Motion second. All in favor? >> All in favor say I. >> I.
>> All right. Now we're back on your motion as amended. The the ordinance amended. >> Yeah. >> Okay. Did we finalize on occurrence or per day? >> Occurrence or per day. So if a person plays loud music, gets a gets a written
citation, then five minutes later after the code people leave, they come back and they turn the music up again that the police could come back and cite them again. So that's each occurrence or is it per day? Are we just finding them one
day and then >> Okay, I hear occurrence. Well, >> I propose to amend the the ordinance to define occurrence as each each time it happens and not per day. >> All right. So, the language would be for
each separate violation regardless of whether the violations occur on the same date. >> Yes, that is exactly it. >> So, is this going to be per house? Like for example, let's just say
that one day it's my husband with the loud music and the next he's not home, I'm home the next day with the loud music. Like we're going to find the the house or the person. >> Yeah. Because that what happens with an Airbnb situation over your side of the boat, >> right? >> Yeah. What about Exactly. Is it going to
be a place on the property or the asset? >> Right, >> guys? This is first reading. >> I know. I But >> we want to do it right. >> Is it the property or the asset? I mean, is it the person or the or the property or that? >> How is it normally done, Mr. McM I'll to the chief, but I would suspect
that it's by property because you don't need to identify who in there is the one making the noise. If the noise is coming from the premises, then that's who's responsible, whoever controls it. And if you've rented it out, you're the owner.
You're still finding somebody that's going to be gone in a couple of days. Okay. So, we'll do it by >> by house or or >> 1215. >> All right. So, >> so wait
>> per per property per or ass or asset. >> Yes, the asset. >> Property or asset. >> Okay. >> All right. Do I have a motion >> to amend? >> Yes. Motion to amend. >> Second. >> All in favor say I. I. All right. >> Okay.
Okay. So that's the job of the owner of the house. Um so >> the owner collected or or owe it. >> Yes. Okay. And um I am motioning to uh approve as amended. >> As amended. >> Madam clerk. >> Commissioner Sue.
>> Yes. >> Commissioner Shernoff. >> Yes. >> Commissioner Florian. >> Yes. >> Commissioner John. >> Yes. >> Commissioner Smith. >> Yes. Vice Mayor Smuckler. >> Yes. >> Mayor Michael Joseph. >> Yes. >> It passes. >> And and I just want to say I Googled the
the little sound >> detectors. They're small. You can carry them and they're anywhere from $30 to $150. So >> item 11.6 was deferred by the >> No, no. Your your city attorney your
>> You have a city attorney report that >> Oh, and we have one more I thought. >> No, no, no. No, but you have you said you need like six. >> Okay. Yes. I'll be very quick. Um, as you know, there are a couple of pending matters where there are suits against the city and some uh officers or former
officers involving police department. We have one that had to do with a dog bite. We had another one involved with someone who said that they were uh treated unfairly by former people in the department. We have a third one which I know you're all familiar with, but we
recently had a lawsuit by a gentleman who was restrained by the police department to keep him from hurting himself. And he's now that Italian individual national has now filed suit. And because this is the exact same kind
of police uh force case as the other two, rather than handling it uh with my firm, uh I want to retain the same firm, the Johnson and Selma firm that does all the League of Cities work. They're defending the other two and I want to
retain them on the same terms as the others to defend this suit because it is their specialty and they can do it more efficiently. Do you need anything Taiwan? >> Do you need anything from us? >> Yeah, I I would like to ask that there be a motion to approve that retention.
Uh because it is outside council. >> Motion to approve. >> Second. >> All in favor say I. I. Thank you. Next item. The >> 117. >> Okay. Um motion. >> Motion to introduce. >> Second.
>> Okay. Okay, this is 11.7 ordinance number 2026- 2026-06 first reading amending the pet sales ordinance sponsored by commissioner Smith an ordinance of the mayor and city commission the city of North Miami Beach Florida amending chapter six of the city
of North Miami Beach code of ordinances animals and fowl section 6-9 restrictions on retail pet sales and pet mills to clarify exemptions enhance regulations and enforcement providing for conflict sever ability codification
and an effective date. >> Second. >> Oh, um um >> um may I have a discussion? >> I have a comment. I have >> I didn't I didn't know. Um >> there >> no. Is this first is this first reading first reading? >> Oh, I'm sorry, madam clerk. Please open
up please open up for um public comment. Sorry, I didn't >> Good evening. The floor is open for public comment. If you wish to speak on this item, please come forward. >> The puppy. >> The puppy puppy thing. >> The pets. >> Oh, no. Please. >> Dogs and cats. >> Mr. Mayor, >> don't worry. We're going to vote for it.
>> Mr. Mayor, >> something is wrong with the clock. I just wanted to make a point of it. It is trying to work it out in fact. >> I'm going to say one second. >> She'll be >> She means a 120. >> All right. Yes, >> we see her dogs is what we see. You see my comments >> Leslie. We're going to vote for it.
Thank you. >> I know. Just it's the great thing. >> So just say my name and I would please vote for it. >> Sardinia, >> North Miami Beach >> and you have comment. >> Yes. I just ask that you please do vote for. >> You're happy for it. >> It's a really good thing. It's a nice
It's a nice ordinance. >> Thank you so much. >> Thank you. I just like to make a change. >> Close public comment. >> Public comment is now closed. Um, I spoke to Commissioner Lazero and
number seven of um 66 6-9B is I'd like I'm sorry, number six. No, number number five. I'll get it right. Um, five. It's redundant. We don't need it and it excludes fish and snakes. So,
let's just remove number five from the resolution. I make that motion. And that was with the approval from uh the other cities. >> I second >> motion to amend to delete that from the existing ordinance. >> All right. So she made you make a motion. >> I made the motion to number five.
>> Say I. >> I. >> Now >> I make the motion that we accept this. >> Not a clerk. >> Commissioner Shernoff. >> Did anybody else wanted to say something on it? >> No. >> Good thinking. >> Commissioner Shernoff. >> Yes.
>> Commissioner Florian. >> Yes. Commissioner Jean, >> yes. >> Commissioner Smith, >> yes. >> Commissioner Sue, >> yes. >> Vice Mayor Smutler, >> yes. >> Mayor Michael Joseph, >> yes. >> It passes. >> Appointments. >> Can we do a
>> No, let's do them indiv. >> I have a I have a question about it. It has nothing to do with the person with 13.2. Linda, um the general employees retirement board, she would be appointed as a um non
elected official as a citizen. >> Yeah. >> But that only gives her six, eight months with however many months to November and then she'd have to get off. >> So it doesn't make sense to put >> What do you mean she has to get off? >> To get off. >> What do you mean she has to get off? >> So she'd be a commissioner then.
>> Well, she has to win first to be a commissioner. >> I understand she has to win first. But let's say she wins the seat. Then she can't sit on that board because there was already a commissioner on there. There's no commissioner on the general employees. >> No.
>> Okay. >> We didn't we'll do one by one. Um first one is >> No, he just withdrew his objection to that. Maybe I don't do it separately. >> There's a All right. So next uh first
one is appointment 3.1 Daniel Pierre to the beautifification committee. >> Move to approve. >> Second. >> All in favor say I. >> I. I >> next is 3.2 appointing Linda Jose to general employment retirement board. >> So moved. >> Second.
>> Second. >> All in favor say I. I >> oppose. >> Oppose. >> Opposed. >> Post. >> All right. Uh, next is appointing Elaine Jarvis to the commission on aging.
>> You know what? I'm not opposed. >> All right. She's not opposed. >> No, I do. I was looking at the wrong. >> All right, let's revote. Let's revote >> to 3.2. Appointing Linda Jo >> 13 >> 13.2. >> Sorry. >> Appointing Linda Joseph to the General Employee Retirement Board.
>> I have a motion and a second. All in favor say I. >> I. >> Any oppose? >> Opposed? >> Opposed? >> No. Two. >> It's 43. >> 43. It passes. >> It passes. >> Next is >> 42. >> 13.3. Appointing Elaine Jarvis to the
commission on aging and senior citiz citizens advisory board. >> Move to approve. >> Second. >> All in favor say I. >> I. >> I. >> Appointing. >> Move to approve. >> Second 13.4. >> Gita. >> Gita. All in favor say I. >> I.
>> I. >> Next is discussion item 15.1. Commissioner S. >> Okay. Thank you. >> We got four minutes. >> Oh wow. Four. >> Bless you. >> Have a walk on. Bless you. Bless you. Bless you. Didn't we have a walk on? >> No, we have a walk.
>> No, it's not a walk on. >> Okay. Um I I don't want to miss anything, so I'm going to read it. >> You have three minutes remaining. >> Okay. In January 2025, following his election, this is a discussion about board and committee appointments. Um,
following following Mayor Joseph's election in November 2024, the mayor was contacted by pension administrator Ronaldo Gail, who requested his assistance in appointing two trustees to the general employee pension board.
>> I'm sorry. Can I >> Thank you. Specifically, one position was to be filled by an elected official and the other by a legal resident in the city. There is an attachment correspondence with emails between Mayor Michael Joseph
and Ronaldo Gil. The board meets quarterly basis on a quarterly basis making timely appointments essential in its proper function. The February 2025 meeting could not be held due to a lack of quorum and was postponed until April
2025. At the April 2025 meeting, the board had a quorum of three members allowing it to conduct basic business such as approving minutes and processing invoices. However, it could not implement any plan changes due to the
absence of the fourth trustee required for compliance. Although three members are sufficient for a quorum, the fourth member must be present to authorize changes to the plan. At the subsequent meeting in May 2025, the same issue persisted. The board was able to meet
but necessary plans change changes were once again deferred due to the continued lack of fourth trustee. This raises the question why the during this period the mayor did not appoint a sitting commissioner which I had requested to fill that.
>> I I I appointed myself like I was appointed myself. >> You appointed yourself but you never attended. I I have attended >> You attended the police pension for >> No, I I attended a >> He attended most recent. Um >> I did. I I attended the most recent one.
>> Yes, he did. >> So any of the ones that I mentioned before, you never attended. You attended the most recent attend August. >> No, it was in August. >> Oh, sorry. December. >> It was um I think it was December. >> December. >> Was it December or I I attended the last one? Yeah. >> December. >> December. Yeah.
>> Okay. So, all the things I'm saying here is correct. So basically you appointed yourself. So but but we found that >> from January all the way to December like everything had to be on hold for the general pension employees pension board. Given the timeline and
considering these meetings occurring once a quarter, it is reasonable to answer the question why the mayor did not well he served himself. Okay. So after the multiple meetings which important matters could not be addressed. The appointment process appears to have been delayed until the
week of August 12th, which is when um one of the appointments had been appointed. Additionally, this raises questions why the mayor did not direct the clerk to call an emergency meeting to appoint a qualified member and we had just appointed her just now in this
meeting. Based on this record, this is not a minor delay. It is a prolonged failure to act in clear chartermandated responsibility. Over a year, the mayor did not make the necessary appointments. Did not step
>> unless you extend. You're you're about to be adjourned. It's >> we we went back. Motion to adjurnn. >> Move to adjourn. Second. >> All in favor say I. I. I. All right. journeying.
>> Yeah. Can you bring my back up also on the top of the discussion? >> My item that did not get heard >> why I told everybody you had three minutes left you you know >> right >> it bounces back. All right. Thank you so very much. We have >> a journal.