##VIDEO ID:DRovWkT5pjQ## all right good evening it's 6:30 call the meeting to order thank you commissioner viscaro here commissioner Joseph here commissioner stus since is not present yet commissioner vice mayor Lama here mayor fetchen here all members president okay great if everyone could stand to off for the Pledge of Allegiance um Norm will you lead us Pledge of Allegiance please pledge aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible liy justice for all just want to quickly recognize we have uh two former Mayors in the audience I maybe not for the best reasons but I'm happy you're here so thank you uh former mayor scha for May Ed cup go ahead Maurice okay the first item on the agenda is the approval of minutes of the October 22nd invocation oh the invocation I apologize we have father Argus please come up welcome thank you for the invitation and greetings from sh Mary Magdalene Parish Community this prayer is called the gift of dialogue Lord God we praise you and glorify you for the beauty of the gift named dialogue it is a favorite gift of God but it is like a stream insistently gashing within the spirit of God dialogue unti Nots dissipates suspicions opens doors resolves conflicts makes persons greater it is a bond of unity and the mother of Brotherhood Lord Our God Unity of the community make us realize that our lack of understanding is almost always due to a lack of dialogue make us understand that dialogue is neither an argument nor a bottle of ideas but a search for the truth between two or more people make us understand that we need each other and that we complement each other we have something to give and I need to receive I can see what others cannot and they can see what I do not Lord Our God when tension builds up give me humility so that I will not want to impose My Truth by attacking my brother's truth make me keep silence when necessary make me wait for the other person to finish expressing his truth completely give me wisdom to understand that no human being is able to completely possess the truth and that no error or tactlessness is without some truth give me common sense to recognize that I can also be mistaken and on one or another aspect of Truth let me be enriched by the other person's truth finally give me the generosity to understand that the other person also seeks the truth honestly and to accept the opinion of others without prejudice and with kindness Lord Our God give us the gift of dialogue amen amen thank you thank you Father so we'll go with the mayor's opening message please good evening ladies and gentlemen we appreciate your attendance and thank you for joining us tonight before we begin there are a few important reminders regarding conduct during our commission meetings please ensure all electronic devices are turned off or set to silent mode to maintain the Integrity of our proceedings mutual respect is a foundation of productive discussions we ask that everyone remains silent and attentive when someone is addressing the commission clapping applauding heckling or any verbal Outburst either in support or opposition of the speaker are strictly prohibited any individual wishing to address the commission must fill out a public speaker card and submitted to the city clerk before the relevant item is announced each speaker is granted a maximum of 3 minutes should you exceed this time the chair will notify you to conclude your remarks speak directly to the the agenda's points remain concise and avoid redundancy should an individual speak without the chair's permission or continue speaking after a warning they may be escorted out of the chambers it is essential to avoid making impertinent slanderous remarks or becoming boisterous while addressing the commission such Behavior may lead to being barred from future commission appearances unless the majority of the commission members present vote otherwise the presiding officer May dis allow signs or placards in the commission chamber please exit the chamber quietly and without disruption the goal of our meetings is to facilitate public input and participation however disruptive or disorderly conduct hinders our Collective objective individuals who want to speak on an item on the agenda are asked to fill out a public speaker's card and give it to the city clerk before the item is called speakers are asked to speak to the issues make comments concise and to the point point and refrain from making duplicate comments All speakers will be limited to one 3 minute comment per item if you exceed the three-minute allotment the chair will advise you to finish your comment if you speak out of turn without permission from the chair and or you do not cease speaking after one warning you will be escorted out of Chambers in order to maintain orderly conduct and or proper decorum at these meetings anyone who interferes with the the orderly process of the meetings after a warning may be removed from the meeting and may be barred from further appearance before the city commission as permitted in s286 0114 fs and ss74 D5 and 74-2 of the city's code of ordinances any necessary removal will be made at the direction of the mayor and will be carried out by law enforcement or designated Sergeant at Arms it is essential that attendees adhere to these rules of procedure to ensure productive meetings that serve both the public and the city commission thank you for your cooperation and understanding okay the first item on the agenda tonight is the approval of the minutes of the October 22nd 2024 commission meeting take a motion motion second second on favor I I you the next item is the order of business and we have uh a couple of changes to tonight's agenda the first uh item is a withdrawal of item 9 C which is a resolution authorizing the expenditure for the purchase of a 2025 F uh 550 um item nine excuse me I had it here 9R has been revised um the resolution itself and an add-on as item 9z which is a purchase of an F550 from Hawkeye Truck great need a motion to approve the change I'll make a motion second second all in favor I okay thank you the next item on the agenda is a public hearing which is an appeal of the historic preservation board Mac I'm sorry let me just uh the changes that were made do we have those in the back yes we do okay so if anyone wants to speak on those please go ahead and do that and I'm glad the commissioner senson is here I just wanted to say congratulations on your election uh it's a very nice job go ahead please okay it's uh 7A is an appeal of the historic preservation board's denial of a certificate of appropriateness related to the property located at 344 Atlantic highle I'm reading this okay ladies and gentlemen this evening's agenda has a public hearing for an appeal to the city Commission of a decision of the historical preservation board denying a special certificate of appropriateness for demolition of a historically designated structure in this matter the city commission sits in a quasi judicial and appellate capacity pursuant to the city's code of ordinances section 1714 D2 the city commission shall hear and consider all facts material to the appeal and render a decision promptly since this is an appeal no new facts or evidence may be introduced into the record pursuant to section 171-10 of the city's code of ordinances a decision on an application for a certificate of appropriateness shall be based upon an evaluation of the compatibility of the physical alteration or improvement with surrounding properties and where applicable compliance with the secretary of interior standard for rehabilitation and guidelines for rehabil rehabilitating historical buildings or any guidelines policies or plans adopted or approved by the city the city's commission's decision must be based upon competent substantial evidence in the record before it must adhere to the essential requirements of the law and must provide the applicant procedural due process at the conclusion of the hearing the city commission may affirm modify or reverse the historical preservation board's decision since this is an appeal we will first hear argument from the applicant and AG grieved party and then from City staff Mr City attorney do you have anything else to add uh thank you mayor just to note and reiterate the fact that this proceeding is a little different than what you're used to with your previous interactions with your boards um typically uh your boards including the HPB uh serve in an advisory capacity in this case your code as in most codes that deal with historic designation in the in that context provide authority to the HPB to Grant or to deny certificates of appropriateness um so this is not a situation where the board is actually giving you advice on this particular issue um but it's an appeal of their particular decision so the board's job is effectively done and complete so you're now reviewing this application and what's called sort of a denovo standard of review where you're looking at the facts and the record and you in order to make a decision based on the standards uh articulated in the code um so you as you've just mentioned you have the ability to either affirm modify or reverse the board's decision and as you stated correctly earlier uh there's no new facts or evidence to be entered or considered in rendering your decision it's based on the record that's before you and the argument that you'll hear from Council and the city great thank you Mr city clerk can you please swear in those who will be speaking yes all as I will be speaking please raise your right arm to be sworn in do you swear the testimony you're about to give is the truth the whole truth and nothing but the truth so help you got thank you so before we continue Ian give me one second um does anybody have any exp party communication that need to be disclosed including either with the applicant or with the historic preservation board members yes yes and the context uh the applicant has given me information about what what it is they want to do and then I just had a conversation with uh one of the members right before the meeting I attended the meeting I'm sorry I the meeting the did you have any one-onone conversations with either the applicant or the board members okay and the contents of the conversations um with the applicant a little overiew about the application and also with a former major Norman ER thank you yes and I've spoken with um Bud SCH as well as um Norman and the contents of the conversation um just uh some questions okay that were answered thank you okay okay good evening Ian Dello from the Shu and Law Group 100 soueast 2 Street in Miami here on behalf of George SCH and de Domo the owners of 334 Atlantic and we're here tonight requesting reversal of the hpb's denial of the special certificate of appropriateness to demolish the structure at 334 Atlantic um for a few reasons first because hbb failed to apply the relevant criteria they ignored the change circumstances and the economic hardship faced by the owners since purchasing the property in 1993 the owner has invested substantial sums of money and time into repairing and maintaining the structure in accordance with the historic preservation guidelines however as over 30 years has passed and the home reaches an age of over 87 years South Florida's climate is changing sea levels have risen and it's now apparent that the residential structure which is located adjacent to the water as you can see from the photo there on the water's edge and it's exposed to Salt Air and subject to periodic flooding and now runs the risk of significant hurricane damage and is structurally unsound a structural engineer has confirmed that the building is not compliant with today's building code and that efforts to bring the structure up to code and Elevate the building will fail as noted in your own Consultants report that's in the record before you these are very legitimate concerns for the structure now even since the application was submitted in August of 2023 and yes we've been at this for for over a year now this process has been going on the circumstances have only gotten worse for one example we only need to look at the two major hurricanes that hit the West Coast of Florida this year as it pertains to this specific property in 2023 the Windstorm Insurance was at $120,000 a year in 2024 the owners received received a letter from the insurance company that they can no longer provide Windstorm Insurance in other words the property is uninsurable I'd like to focus a little bit on the standard um of review that's before you because it's this is the very important part of your your job tonight um when you're evaluating the criteria on whether to reverse or approve or the the hpp's denial now because this is a quazi quasi judicial hearing I'm going to adopt and incorporate all the legal arguments set forth in our supplemental um notice of appeal and the record from the HPB hearing specifically the staff Consultants report states that the city code does not have any criteria that's specific to demolition now under Florida law a failure to provide and base a decision on relevant objective criteria violates my clients due process rights thus the hbpb decision denying the application based on criteria that does not apply to De to demolition must be reversed in other words if they're applying Rehabilitation criteria to demolition application that does violate my clients's due process rights in addition denying the COA and requiring the owners to invest substantial resources to try to repair and elevate a structure that a professional engineer has determined is structurally unsound and cannot be elevated would constitute an unconstitutional taking of my clients's property now this is another um important point to make because your own code recognizes there's a definition for economic and undue hardship and it recognizes that an exceptional financial burden amounts to a taking of private property and that is what would occur today if you do not reverse the hb's denial of the COA it's also significant that when my client Mr schol purchased the property in 1993 it was under the jurisdiction of Miami D County and Miami County expressly recognized that demolition of historic sites would be considered on the basis of documented hardships and what we have here is a letter from 1991 to the prior owner confirming that economic hardship is the criteria for consideration for demolition of the structure so that said and our our legal arguments to the side for a minute let's look specifically at the criteria is within your code as set forth in section 171-10 the the only available criteria is whether demolition would be compatible with the surrounding properties now I want to highlight for a moment the word shall which means mandatory so that's the only mandatory criteria that's before you today the second part of the criteria and we underline where applicable because that's what starts for the second part it refers to the Secretary of interior standards for rehabilitation now we maintain that standards for rehabilitation do not apply for COA for demolition and I think on its face it's clear because this is not an application for rehabilitation as a results those standards could not be relied upon as a basis for a denial of the COA now the final portion refers to other guidelines adopted by the commission and no additional guidelines have been adopted so as President we look to the only COA that this city has ever approved for demolition of a historic structure and that's the pergola you may be familiar with it it existed on a separate budding parcel that used to be that was it is owned by the applicant um in 2007 the pergola was damaged um during a hurricane I believe it was Wilma and like 334 lanic it was deemed structurally un sound and uninsurable so the owner applied for demolition now if you look to the resolution back in 2007 when the demolition was approved the only criteria that was applied was the compat was compati ability not the Secretary of interior standards for rehabilitation so we maintain that this is a precedent that the city should and needs to follow so next applying the criteria specifically to 334 Atlantic we are providing a map that is based on the available public records and all the properties in the median area if you're looking are constructed after 1950 and of reinforced concrete block masonry none of the surrounding properties are historic or bu built in the 1930s half were built after 2000 and only two were built prior to Hurricane Andrew and if you're familiar with building codes the building codes became much more stringent after Hurricane Andrew now as you can see from the slide the majority of the houses are also set much further back from the subject prop than the subject property and they're not on the water's edge and they appear to be also have significantly more elevation at their first floor uh we maintain that owing Demolition and construction of a new structure and a more flood resilient meth method would make this property more like the properties around it um the staff consultant report notes that a vacant lot would not be compatible um however the the owner has no intention of demolishing and leaving a vacant lot that's not the highest and best use of the property um if this does go forward you'll hear more from Mr schol um it would be demolished at some point in the future in a new structure that's flood resilient um built in its place um finally the staff report also has claims that the new construction could potentially non-compatible if there's new construction um and this is speculative and not accurate and as we'll demonstrate in a few more slides that there's a number of new construction homes going on um in the immediate area so for convenience here I'll go through these rather quickly I'm sure some of you have been down the street before and are familiar with the neighborhood um this this is 333 Atlantic and 329 we have 325 Atlantic and 323 Atlantic of varying um architectural Styles and elevations here we have 319 and 318 320 Atlantic and 326 Atlantic and finally we have 330 Atlantic built in 1991 in addition as I mentioned there's a number of new newly constructed homes I believe some are still going under construction on the street it has been a few months since I've driven down it since we had our last hearings um but here's an example of some of the new construction of of various more modern architectural types um all appear to be at higher elevations and built in a more flood resilient method than 334 Atlantic so at this point we we maintain that the criteria for demolition was met before the HPB and that the evidence presented is enough to reverse the hpb's decision because again we're looking at compatibility with the surrounding properties um but in addition to determine the structure's condition and to provide additional support and evidence here um the owner did hire a structural engineer to determine the structure's condition and to determine if demolition was the only economic option um and that professional structural engineer was a yhc and he was hired to assess the structure of the building unfortunately our consultant was not able to be here tonight but we do have the report and we did um reintroduce it into the record the signed and sealed version and we have copies in case it's not already in the record although it was submitted during the HPV hearing um in their professional opinion the engineers determined first that the structure does not comply with current building codes the structure um is made of unin unreinforced clay masonry so essentially and we'll have a slide later that show it's just kind of terracotta building blocks and that the grade beams contain critical damage that might compromise the Integrity of the structure as a result of that the engineer concluded that the current structure has the potential risk of failure in case of a hurricane or a heavy storm scenario to remedy that condition the Billy needs to undergo extensive Rehabilitation including augmenting the foundations which risk compromising the total stability and integrity of the house the extensive Renovations that would be needed would also trigger what is known as the 50% rule um if you're not familiar with that if you reach a certain threshold um a value of the existing structure you have to bring the entire structure up to code and that means that the structure would also have to be raised it would have to be elevated in order to meet the current state standards now in order to raise the structure the scaffolding would need to be installed and the engineer concluded that the foundation is weak enough to crumble under the loads during the jacking process so elevating the structure is not an option finally the professional opinion is that the structure would not survive an attempt to raise the house due to the fragile walls and lack of structural Framing and here's an example of the unenforced Clay Mason rolls and walls excuse me and Mr SCH can speak more to that um as he's lived in the house over the last 30 years or more so at this point I will I will pass it over to Mr SCH to um speak to some of the particulars of the structure thank you okay why how the tables turn huh I feel like it's back to school night um okay well thanks for having me it's good to see everyone um first time I'm in the commission Chambers since the last time I sat in that chair so how's that you know um so let me try to just put it all and I'm going to just try to synthesize this into why I'm here and kind of in plain English which as you all know is probably my preferable way of speaking um so we're not antihistorical for the last 30 years um my wife was on the historic board and voted for the re designation of the house so we've always been a big fan of the house and be you know been a fan of the historic process um we painfully maintained the house um my 29-year-old son sleeps in the room that he was born in inside the house my granddaughter was born in the house 3 and A2 years ago and one week ago my second granddaughter was born in the house so my point is we don't take this lightly okay and you all know everybody knows me well that house is near and dear to my heart but through no fault of anyone a bunch of circumstances kind of kind of congealed over the years that led us to make this request okay and I'm going to break it down a little a little bit in probably more plain English you know when we bought the house I didn't realize it was structurally deficient when I bought it okay but as we started to work on it over the years we realized okay wow there's no columns so in other words most houses have a roof that's tied into a tie beam that's got Steel in it that's tied into a column that goes down to the foundation that's tied into the ground this house basically has a foundation and then it has these terracotta blocks that are built on the foundation and it's built up from there so there's no there's no um reinforcement around the windows or doors or or for the house so you know Ian spoke to the fact that even if we rais the house we'd still have to gut the entire house to try to put columns in and reinforcement to make the house structurally sound to meet the south Florida building Cod today you say well it's been up 90 years how come it's still standing the truth is I did the research this area has never been hit by a major hurricane directly so I used to say to my wife the stucco is holding the house together you know ironically but you know that's here and or there Why didn't it bother me because I had Insurance honestly over the years I realized we had this I had insurance I had Windstorm I figured okay the house gets clocked insurance pays you know and then we rebuild as needed um but now the house is uninsurable you know the last quote I got was 129,000 and then as Ian pointed out you know we we they went to 11 different markets and now the house is insurable uninsurable largely because of the construction of the house now they inspect the houses you know years ago they didn't really go in now they go in the Attic they look for the strapping they know it doesn't have columns you know so now so now the house is uninsurable and I I can't even change the windows and doors because there's no concrete around the windows and doors they're just kind of like set in the you know in the block um and so basically you know what's happened now is because the sea level rise the water comes up and goes down so the house has flooded twice in the last seven years but more importantly the water goes up under the foundation and has infiltrated the foundation and made the foundation more brittle so when we realize this you know that creates less structural Integrity for the house doesn't mean the house is going to fall down tomorrow but it basically means that the house can't be lifted and because of the low-lying nature of the first floor there's about a 5 foot difference now between where you're required to build I watched you grant my neighbor his variant the other day um there's about a 5 foot difference between where he's required to build and where my first floor elevation sits now okay so we get a bad storm and we get a you know basically the water comes up um so we went out and hired a structural engineer to try to figure this out because I think okay there's got to be a solution and frankly we got a good structural engineer he's the structural engineer that worked on the brunetti property on on Plaza delar so he was a structal engineer that was well known to the city he engineered those two new towers you know the two new apartment buildings in the South End of the city and he did a good job he was very thorough you know staff naturally defending their position tried to beat up on him a little bit but the fact is no one's really argued with the outcome of his analysis he went to an he took core samples out of the concrete and went to a national testing lab and said Okay And the fact is that's where he made the determination about the about the concrete being brittle because evidently the water going up and down takes the calcium out of the concrete and and creates problems with you know with the concrete so Ian talked about the 50% threshold so how did I get here so about three years ago at the height of the market you all saw a lot of the a lot of the Articles you know the real estate brokers knocked on my door and said you know we can get you a big number for your house I said if you can get that number sell it okay I never really believed they could get that number ironically we got offers and but you know I only let the house be I let the house be listed for about six months we got offers but everybody came back with the same issue oh the house is really interesting but with sea level rise eventually we got to be able to tear it down and um and so and that was before they even did any inspections so you know I never got to the point where I had a contract and somebody came and inspected the house and they would have realized that you know you know the lack of structural Integrity so that's when it kind of dawned on me that was okay you know the property really isn't marketable based on on on on the way it is so what we did was I first approached the city and I think I talked I think yeah yeah I think I CH I first approached the city and said okay look you know we love the house we we'll we'll try to live in it for as long as we can and and by the way I had Insurance then okay just to be clear um why don't we try to lift the historic designation because that way eventually when somebody needs to tear it down they'll be able to tear it down including me or somebody else if you know you know if we decide to sell it um went through a couple of rounds with the city and the city said well you know no criteria this and that you're probably better off going for a a demo permit that's how we ended up with the demo permit okay um now you know I think the HPV the historic preservation board you know they tried but they had no criteria and the City attorney did a pretty good job he kept them on a pretty short leash and Leash and said you know you really need to focus on this because the fact is um they were attempting to keep it within the context of the HPB um you know unfor there was a lot of different comments at the HPB and and the vote was split but the fact is is that there's no as as um as um Ian pointed out there's really no criteria you know for what we're asking for um there's clearly an economic hardship because basically now I can't do anything with the house okay I'm fortunate to Own It Free and Clear I worked for 30 years I paid it off okay if I had a bank loan I'm in big trouble because I can't ensure the house so that means even if I wanted to sell the house or get a bank loan I can't get a bank loan because the house is not insurable anymore um you know obviously the house is at risk of flooding the house is at risk of hurricane damage my worst nightmare is going to be if the house only gets 25% damaged by a hurricane I have to fix it I have to fix fix it and it's uninsurable okay so I'm I'm it's basically a conundrum you know I I I I like to call it a distasteful mess okay um unfortunately you know after sitting up there for many years sometimes we get handed distasteful messes as as Commissioners and and um and public officials I wish I didn't have to have the item before you but unfortunately you know the city's Consultants said no the hbb said no but nobody gave me an alternative nobody said hey you know we're saying no but if you do this you know there's a pathway um to to to to where you need to be um my my old friend and neighbor Norman is going to say well you should have went to the you should have went the unsafe structure route okay you should have went to the building official and had to declare the house declared unsafe he wouldn't let me do it okay I went to I said to Allan let me go talk to the building official he said no this is with this is not within the perview of the building official we're keeping this with an ahpb you can't go talk to the building official I said okay so we didn't go talk to the bu you know we didn't go talk to Clay um so basically it's a conundrum you know and I'm not sure you know I'm kind of at my wits end at this point obviously you know it goes without saying and and I'm not being I'm not being argumentative but um if I get turned down here I'm going to have to sue the city because and that's what happened last time by the way you know Norman and I had a legendary fight about the church laughing you know so there so the church next door was was um was um there was there was a rabbi that was controlling the church that wanted to sell the property it was a kind of a you know no one liked that particular Rabbi so it came before so basically it was deemed that we're going to you know declare the house declare the church historic okay I kind of knew that the church shouldn't be declared historic Norman disagreed with me you know Norman had the votes on that one they sued they want a multi-million million dollar judgment against the city I mean you know this is back I don't know 10 years ago whatever but nor and I had a had a legendary battle over that one um so you know in closing we know each other for many years I wouldn't be standing here if I didn't think that I have a meritorious request um whether it benefits me personally or not I think youall know me well enough that I wouldn't be asking for something like this um it's very frustrating for me to be in this position but I don't know what else to do quite frankly you know and um and you know even if we could raise the house I I don't know that I could bear the expense of doing it all because you know would be it would be ridiculously expensive plus um it wouldn't be I I was trying to Fathom it I mean if we could do it we would have to raise the house and then move it to the middle of the lot because you've got to then comply with all the setbacks and everything else in the new building code you know besides gutting the inside of the house to then put all the columns in to try to repair it so you know basically unfortunately you know at this point the house doesn't have a lot of value anymore for that reason you know and so that's why we're here that's where we're before you I appreciate the the time and I appreciate everybody listening and um with that I'm going to let staff beat up on me now so okay thank you very much yeah no just before we conclude and pass it on we'll just reserve a little time if we need it for for rebuttal thank you please a okay okay good evening mayor vice mayor and Commissioners um Amy Canalis Planning and Zoning director for the city uh tonight's appeal is to consider the application for a special certificate of appropriateness for the demolition of the historic structure located at 334 Atlantic Avenue also known as the watercourt Villa just to reiterate a little bit of the history um the house was constructed in 1927 and it was designated as a Historic Landmark by Miami dat County in 1984 the city of Sunny ises Beach established its own historic preservation program in 2005 and at that time passed an ordinance to redesignate the four historic landmarks that were um in the city's program at that time that included this home that is under discussion tonight along with its pergola the fishing pier and the two Atlantic Isles Bridges upon submitt of the application to demolish the structure the city hired a historic preservation consultant to complete the review of the application Adrien Burke the city's consultant is present with us tonight and provided her expertise for the review of the application and prepared the city's recommendation report that is before you in the record the city's review is bound to the Historic Landmark city code of chapter 171 which states that certificates of appropriate witness must be evaluated based on compatibility with surrounding properties and compliance with the secretary of interior standards if applicable based on these standards in the code the city and its consultant recommended denial of the application specifically the city's consultant opined that the demolition would not be compatible with surrounding properties and that the applicant did not adequately address how the structure could be mitigated or adapted to meet the Secretary of interior standards the city's recommendation and the materials and evidence in the record before you were presented to the historic preservation board which after two separate hearings voted to deny the application on September 11th in this appeal the applicant and staff are presenting the same facts of the case that were presented to the board and therefore the staff's recommendation um remains to deny the application since the requested demolition would not be compatible with surrounding properties um and the applicant has not adequately addressed how the structure could be mitigated now should the city commission find competent substantial evidence to support the applicant's request and thereby reverse the board's denial staff is recommending two conditions be included as part of any approval the first is to complete full exterior architectural and photo documentation of the structure to include 3D laser scanning and the second is to place a one-time oneyear time limit on the approval and to complete the demolition within with a potential for one-year extension uh that concludes my presentation myself and Adrien Burke are here if you have any questions okay thank you sorry go ahead hi Amy could could you repeat the end the the last two sentences please the two conditions yeah so the first is to complete full exterior architectural and photo documentation of the structure to include 3D laser scanning um information would be provided to the Florida Division of historical resources as part of an updated Florida Master site file form and to the city of Sunny is Beach this is also included in the um Consultants recommendation report and the second uh condition is to place a one-year time limit on the approval and to complete the demolition with a potential for a one-year extension for a total of two years okay Mauricio procedurally are we letting public speakers no uh procedurally since this is a quasi judicial and in a sense um we typically allow public comment for zoning applications which are are similar so if it's your decision to allow the public comment then we can certainly allow the public comment okay but that would be before we would have questions before yes all right so before the commission speaks and basically right now the speakers would be speaking as just the residents three minute three minute rule correct and mayor just for the record I would advise though that I do see a couple members of the board it would be very irregular to have a board member as a decision maker speak to the appell at body on this issue um I don't know if Council for the applicant has any objection to that but it would be irregular and I would recommend against it okay mayor I would concur with what City attorney is advising okay do we have a public speaker signed up yes we do and are they members of the yes they are okay okay so um are there objections it's up it's up to you but will you go to the microphone so we could have it on the record I'm sorry but but could you go to the I mean I I I know what Norman's argument Norman I spoke about this I guess Warren did you also sign up I mean you did okay okay I mean Ian it's up to you we agreed is IR regular legally we do object um I also note that we did adopt and incorporate the entire HPV record um into the record of this hearing so to the extent they're going to repeat any of the comment there comments that were that were made during the HPB hearing that would already be part of this record okay do we have any other speakers not for this item no all right well based on that I want to take the recommendation of the City attorney and city manager unless I have strong objection from the commission I appeal the the recommendation I wouldn't allow them to speak you you I appeal yes I want them to speak okay anyone else feel strongly that they want them to speak I would like them to speak as well would the uh attorney uh qualify as part of the member of the HPV I know that Norman cannot speak but it no they would both they would both be both be allow oh they're both yeah yeah yeah Warren Stam is part of it right yeah so and again the reasoning for it is just I'm whatever decision you make tonight I'm trying to protect it and protect the record and since Council still has his objection standing it's an argument that he can raise on appeal so I'm just trying to prevent that I don't want to give him more to argue so again it's very irregular to have the decision maker come before an appell board to speak it's just highly irregular and it's potentially due process issue that's my concern as well um but I want to get consensus or at least the majority of the commission to um to give their opinion vice mayor what is what do you want to say well I before we go there I mean I had some questions regarding uh this so wait wait wait we're not getting to that we we need procedurally it's either we're letting public comment or we're not so based on the recommendation from the attorney and the fact that this potentially is is an issue this is not about public Comon this is about public Comon from particular people right right right that's what I'm saying so there is no one else wait wait wait wait wait wait we're talking about just them with the attorney commissioner viscara same same I defer to the attorney okay so based on that we're we're not going to let you speak do we have any other speakers signed up there's no other speaker to for this item all right thank you thank you um we're no I'm sorry you can't just I I I think I understand but no you can't resign for the bo wow because okay apparently you don't hon our no no no no no sir please just know that okay even okay thank you thank you please we want to keep decorum thank you um Amy can you please come up for questions and the consultant as well probably because you said all right vice mayor you had a question I think yeah so so Ju Just to get some clarity right I see that my first question I see that the historic designation is the Water Court Villa and the perola it and my final question would be is the entire house designated historic or is it just parts of the house uh the entire house is designated historic okay because I was looking at some of the uh resolutions and um the designations and it's specific to it says Water Court Villa and perola of the of the house so I just wanted to get to so the entire house is yeah the house is referred to as the Water Court Villa it's the entire structure and then the perula like Council stated is on a separate parcel so that was designated separately okay okay do you have any other question I have a question W you're done for now please commissioner scar uh Amy I believe this this is also for you um so in terms of the conditions because I I I somewhere in the report it says that it's not the necessarily the applicant's intention to demolish but if we go with the conditions then he has to demolish within two years is that that's I'm understanding that right C okay um so when I first approached the city I said can we lift the designation So eventually it could be demolished but I wasn't looking to demolish it right away I still had Insurance let's be clear okay so it wasn't it wasn't I didn't feel I didn't feel the anxiety of not having insurance now we don't have insurance so quite frankly I don't have any issue with the conditions and I want to and I want to and I want to do the laser treat treatment and the and the basically the preservation of the of the um you know they'll do an architectural analysis of the house and Laser analysis and so well you know so so we'll have a record I mean I want to do that anyway so that's not an issue but I think um I think to the um uh Tam's point you know it you know a year with a year extension is fine I mean but you know I I'd rather not have to do that but but I don't mind doing it because frankly without insurance now I'm very concerned once we have the demolition if we have the demolition approved and a hurricane comes and takes half the house out okay we knock the rest of it down and we're done but I can't do that now you know if the the hurricane didn't damage more than 50% of the house I have to rebuild the house so that's part of the conundrum you know that's going on so but we agree to the conditions that's the bottom line is that the only question okay okay I have question I have some questions for you but so um commissioner Joseph could you commissioner could you pull okay so what is it that you have on the first floor the floor what is what is the um what is it compile there living room dining room kitchen no no what is the uh what is the material uh wood flooring wood flooring yeah okay yeah the first claim was we had to take up the wood floor in the kitchen and and and redo the entire floor okay yeah so the wood is currently in good condition well it was just redone actually from the last flood from the last time it flooded when was that um I want to say two years ago two and a half years ago okay and um when actually did you have uh the last time you had insurance was when was two years ago yeah years this in 20 um the last cycle it was actually yeah it I'm sorry it was three yeah yeah it was two years ago it yeah it was two years ago last time I had Insurance okay so you did have insurance or not in 2022 2022 I had Insurance yeah you did yeah I had I'm sorry let me be clear so my insurance went to 60,000 I paid it okay okay two years ago it went to 129,000 right I didn't pay it so two years ago yeah two years ago I did not have two two two years ago I didn't pay it and then so the flood might have been three years ago but but I had an insurance claim for the flood I remember that and then this past year it wasn't insurable okay yeah so for three years counting this year you haven't had Insurance actually two years I'm sorry yeah it's two years because it was it was the year I didn't the year I turned down the 129,000 in this past year so it's been for it's been two years I haven't had Insurance okay so 200 so 258,000 you've saved well well I mean yeah if if I paid the 129,000 You could argue on self-insuring yeah right but it was an $800,000 deductible no I understand so so let me be clear so it really wasn't Insurance in my opinion I really felt like the last credible insurance I got was when I paid the 60,000 when it went to 129,000 it was um they it was $800,000 deductible so frankly I didn't really feel it was insurance I felt like it was they were almost pacifying me because I'd been with that agent for 25 years was you know it was Marsh mlen okay so what is the U material on the walls now is it drywall or is it plaster what is it yeah well the in the interior walls there's um well the exterior stucco obviously right the interior walls there's like a there's like fairing there's like stripping and then there's drywall yeah it's drywall drywall or plaster it's dryw wall it's drywall yeah okay and is it drywall is it um is it powdery in any places or is it in good shape well I mean it's been where where we've had flooding it's been replaced you cut it take it out put the fans in and then you replace it and then you patch it yeah so okay but so that happened three years ago yeah it was about three years ago yeah actually the first time that's the second time the the other time was about I think about seven years ago right okay but the uh so the drywall on the interior currently it's painted yeah it's painted sometimes well there's you know you know there's wood there's wood um there's there wood there's nice finishes one I think in the living room that's like but also there's like there's wood build out along some of the walls there's there's wooden build up yeah so if there had been any moisture you would absolutely see it on the wood yeah I mean I mean you know we took the drywall out and dried it all out you have uh you know finished corners and all if there's any moisture at all you would see a separation in yeah yeah if we you know you know when it flooded that's what happened right so do you see any of that yeah well not now it hadn't it hadn't flooded lately right so there's no moisture coming into the house from below current that you can see I mean that you know not that I can see um yeah right yeah so you don't have any water infiltration moisture right moisture infiltration yeah I mean I mean you know the house is damp by because it's right on the water so it's damp by nature but we but but but but we you know honken air conditioning that that takes a lot of the moisture out of it right but there's a water barrier probably below the uh that was put down no yeah yeah there's no moisture barrier like under the house um no but when you had the wood flooring replaced they would have put a a moisture barrier um I guess you know they put they put plywood down on the concrete floor and then they put them then they put the wood on the plywood that's how they so any yeah so I guess professional installer knows to put a so I'm assuming they frankly yeah yeah I wasn't here when they did it so I I I I didn't see them do it but I'm I'm assuming they did it yeah right yeah so you have nicely finished uh moldings on the on the baseboard sure that look professionally done yeah yeah okay so that would lead me to believe that currently you have no moisture infiltration from the floor at this point yeah otherwise you'd have separation yeah yeah yeah well I mean I mean I mean the Tide's not coming up you know when we have a problem it comes up but but the tide does come up under the house it gets close but it but it but it covers the gr beams in the you know under the house you just to be like it always did yeah yeah yeah it's been flooding it's been flood I mean it didn't used to do it years ago but now it does it right yeah okay but still there's no infiltration otherwise you would see it immediately right yeah okay does that answer your question okay good thanks any other questions no no Commission St do you have questions okay anyone else all right then I'll take a motion the motion can right what would the motion be just we need to clarify what that is as well as uh well first what the motion would be well what's on the agenda is is based on you either can affirm modify or reverse the HPB 's decision to deny the certificate of appropriateness okay so then I'll take a motion to either affirm deny can we I'm sorry I just I just need to walk through what each of those things so affirm would mean that you agree with the HPB and you deny the certificate of appropriateness modify which means they can't they would have to lift the house move the house all that stuff okay that's one there's really no way to modify although there are conditions but there's really no way to modify it uh it's a it's a yes or no type situation the conditions were the modification that would be if you no the modification you can't modify denial got it so you can't be a little pregnant so you you either affirm the denial modification is not really in play or you um I'm sorry you affirm modify or you reverse and the reverse would be that they could go forward with a certificate of appropriateness for Demolition and then that point we need clarification as to whether it includes the conditions or not got it okay is that clear I'm sorry if everyone understand okay so then what is the motion so the motion would be we anyone here can make a motion to either affirm or say reverse reverse affirm or reverse right CU modify is not on right so reverse would be to allow what they are requesting and airm is to um remain with what the the uh committee and is it is it reverse and then reverse with conditions or just well that would be up to whoever makes the motion but if you if you agree that it's appropriate for the house to be demolished then it would be a reversal and then if you want to apply the conditions the motion would be to reverse the hpb's decision with the conditions that are recommended by the uh staff and weeing with the staffs yeah if you go to reversal St okay okay right well I'll make a motion to reverse with the conditions okay I need a second second I'll take a roll call for this one mayor okay commissioner Joseph so what your making the reversal commissioner could you turn on your microphone please so you're recommending you're voting to demolish the house that is uh not my desired outcome I wish it we could just leave it open but that's not on the menu so we we have I know but there's a vote on the table so let's get the clarification from the attorney I want the people that are voting to say that they're clear on what they're voting on yes the attorney very clear the attorney has has made made that clarification so what is your vote I vote to uphold the findings of of uh the board okay so you're no commissioner ston commissioner cyon yes it's a roll call yeah commissioner cyon your vote with rever with conditions with okay same you didn't take one commission vice mayor Lama yes commissioner viscaro yes mayor fetchin yes the motion is approved 4 to one okay great thank you thank you all right next item please what happens okay next next item is 8A an ordinance of the city Commission of the city of San's Beach Florida amending chapter 265 Article 2 Section than thank you okay so 8A is an ordinance of the city Commission of the city of s Beach Florida amending chapter 265 Article 2 Section 2655 of the code of ordinances of the city of sanal beach titled definitions to revise the definition of the term height and incorporating terms consistent with the Federal Emergency Management agency's National flood insurance program and the Florida building code to amend the basis for Building height measurement providing for repealer providing for cability codification and providing for an effective date and this is second and final reading go ahead am okay uh mayor vice mayor and Commissioners this is second reading of the ordinance to change the method for measuring Building height acting as the land planning agency that um this item was just discussed so I'm not going to re reiterate the purpose of this ordinance uh however for the record I do need to note the additions that were made to the ordinance um since first reading this includes a diagram that was added that depicts how to measure Building height and additional definitions for terms to support and clarify the measurement these definitions are for the terms low slope roof and for the term mean roof height I'm available if you have any questions thank you do we have public speakers no ma'am are there questions from the commission I'll take a motion then so move second MAA you got that yes ma'am okay all fa no roll call Oh that's oh yeah this ordinance sorry vice mayor Lama yes yes commissioner stent yes commissioner viscaro yes commissioner Joseph yes mayor fetchen yes the ordinances the ordinance passes four to zero I mean 5 to Zer excuse me thank you okay 8 b a b is an ordinance of the city Commission of the city of San Beach Florida amending ordinance number 2023 D say6 approving budget amendment number ba 23 24-4 to the city's operating and capital Improvement budget for for the 2023 2024 fiscal year authorizing the city manager to do all things necessary to implement the terms and conditions of this ordinance providing for an effective date city manager mayor vice mayor members of the commission this is the second reading of our ordinance it's yearend cleanup for a fiscal 2023 2024 fiscal year budget thank you do we have any public speakers no ma'am there questions from the commission take a motion please motion second second Rao commissioner Cent yes commissioner viscaro yes commissioner Joseph yes vice mayor Lama yes mayor fetchin yes the ordinance passes 5 to zero okay HC please h8c is an ordinance of the city Commission of the city of San speach Florida amending ordinance number 202468 approving budget amendment number ba2 2425 d01 to the city's operating and capital Improvement budget for the fiscal year 2024 2025 authorizing the city manager to do all things necessary to implement the terms and conditions of this ordinance providing for an effective date and second and final reading Mr C manager mayor vice mayor members of the commission this is the second reading of our first budget amendment and includes some Capital Improvement budget adjustments thank you do we have public speakers no ma'am any questions from the commission I'll take a motion please move second second okay commissioner viscaro yes commissioner Joseph yes vice mayor Lama yes commissioner ston yes mayor fetchen yes the ordinance passes 5 to zero okay now we're to resolutions 9A is a resolution approving a First Amendment to the agreement with Douglas Robertson to provide law enforcement accreditation Consulting Services Mr city manager mayor vice mayor members of the commission as you know we have recently become an accredited police department and this is an ongoing agreement with Doug Robertson it's not additional monies it's just an extension of time great Ma do we have public speakers no ma'am are there questions from the commission I'll take a motion please I have a I have a question please go ahead so this um Consulting how long is how long is it um might it go on for actually well our our accreditation runs in threeyear Cycles our next accreditation comes up in 2026 so we're in the process of training some staff in addition with the consultant to help I see so as we take on new officers the consultant comes in to assist in their training it's a matter of consistently reviewing and updating our standard operating procedures with the latest uh police best policing practices yes so at some point do we have someone on our in our Police Department itself that takes over that role or no we're work we're looking at that towards the future but currently one of our staff is training with the consultant okay in consideration of the future yes okay thank you okay take a motion motion second Mara you got yes ma'am all in favor i i i next item please 9B is a resolution approving the expenditure of budgeted funds for the purchase of a madvac lr50 mini sweeper from environmental product group Mr city manager mayor vice mayor members of the commission this is to purchase a mini sweeper to be used throughout the city in an amount not to exceed 9,723 any public speakers no ma'am any questions from the commission take a motion please motion second second all in favor I okay 9 C is withdrawn right yes ma'am so we're going to 9d 9d is a resolution authorizing the expenditure of budgeted funds for the purchase of a Ford F250 Super Crew pickup truck from Allen J Fleet Sales mayor vice mayor members of the commission this is a purchase of a Super Crew pickup truck for our facilities Department great any public speakers no okay any questions from the commission no I do actually I mean we we withdrew 9C right which was a Ford F550 41,000 and then we're including 9z 2025 the first one was 2025 this is 2024 the model I see but such a such a difference in in price yeah I can clarify mayor okay so we we withdrew 9C was if you recall during our discussions that is for a super cab that we were going to add a crane attachment so that whenever we have let's say in the past we've had some flooding or wind issues some of trees come down in the middle of Collins we'll now have a crane attachment to be able to lift those so what happened is during our review We determined that we could get that particular item for approximately $660,000 cheaper from another vendor so we are withdrawing 9C and we have added an item 9 Z yeah 9z is the crew cab with the crane attachment 9d is simply it's for lack of better terms a super pickup truck no no understand but my my point is that so with with uh what's the first Allen J Fleet Sales right I know that one is at 2025 and the other one is at 2024 and I'm comparing 9C to 9z right and my the point I'm trying to make is that I'm a little bit hesitant of Allen J now because I don't know if they're overcharging us and the next item which is 90 is 64,000 I understand it's just a regular pickup truck but then my question would be are there any any other dealerships that could probably give us better pricing you know because that that price I don't know alen J is just I can give you a little bit of the history that I think will CL that's what kind of jumped out at me so right and it's a good point originally we were trying to purchase the 2024 vehicle that is 9z however that item had been sold and prices have gone up since then so we went to Allen J for item 9 C at the additional $60,000 however we contacted the vendor to find that the original item we wanted to order a year ago which would be the 2024 was now available the deal fell through so they honored the price from the 2024 and we were able to get it even though it's a year older we felt like saving the cost difference between the 2024 and 2025 was appropriate so we withdrew the one and we're going with the other but the other prices are based on bids that we've gotten from Allen J so we feel like they are appropriate is the 2024 now a used vehicle it is not it's a good question it has zero miles on it and we confirmed so we brought that to you to purchase that so that then my next question would be for 9d that we go to Hawkeye who's going to be selling us the 2024 truck with the crane they did not have that available okay right sir that's what I'm yeah that that's what I was trying to get at because yeah Alan J I don't know I have one thing to say about the 2024 so now it's been sitting on the lot for how long at least a year right it still would come with a standard warranty with the other you have to now check out the tires because they've been sitting there probably not spinning and they could be dried out or whatever we will inspect it thoroughly upon delivery to make sure if it's not according to Specs then we will reject it thank you but new tires should be cheaper than $60,000 so we'll still be on the we'll still be on the green well but to cons consider the tires now if it's been sitting they could be they they'll they'll they'll check them before um well they pay I'll I'll take a motion not always BL you so moved I need a second second second all in favor all right next item N is a resolution authorizing the expenditure of budgeted funds for the purchase of a 2024 for Transit t250 cargo van from J from Allen J Fleet Sales city manager mayor vice mayor members of the commission this is to purchase a cargo van for Fleet that we're mainly going to use for storage of tools going from site to site okay any speakers no ma'am all right any questions I'll take a motion please motion second second all in favor I I I all right next item please n9f is a resolution approving a First Amendment to the agreement with Johnson Controls to provide preventive maintenance and repair services the city's HVAC and lighting mechanical and control systems at the government center okay city manager mayor vice mayor members of the commission this is the company that installed the system and this contract is an amendment to provide maintenance and repair for the HVAC and lighting and mechanical control systems for this building any public speakers no ma'am any questions no take a motion please motion need a second second all in favor I I okay n g a resolution approving a third amendment to the agreement with Kronos sa ASR for a time and attendance software Mr city manager mayor vice mayor members of the commission this is timekeeping and attendance software for our staff and we have also added some additional time clocks uh like for example at the spot great thank you any public speakers no ma'am any questions from the commission no I'll take a motion please motion second all in favor I I okay next item please 9 I is a resol excuse me 109h is a resolution resending resolution number 2024 3695 ratifying the purchase of a new 24 by 36 pre-engineered modular building to be located at 18070 Collins Avenue mayor vice mayor members of the commission when we discussed this at our Workshop this was the original contract we had for the modular which is now in place next door the company was requesting all of the money up front which we rejected and subsequently went with another company where we would guarantee delivery first great thank you do we have public speakers no ma'am any questions from the commission no motion please so motion second all in favor I I I next item n i and I is a resolution approving a project agreement with Rodriguez Architects to provide additional professional architectural services for a new structure at the property located at B Vista Park manager mayor vice mayor members of the commission this is ongoing project at Vista B Vista Park the State of Florida is requiring some additional work for us and regarding the land lease and some of the submerged properties and seaw wall okay any public speakers no ma'am now what is the structure if I can ask the structure is going to be the Marine Patrol Office okay yes because uh previously weren't we told that there couldn't be a structure at all on that property I'm not aware of that no no we we we voted for the office oh so maybe we were talking about a small restaurant or something and they said that it couldn't be I remember it was quite some time ago no no one else has that recall no no okay all right I'll take a motion so moved I need a second second all in favor okay 9j 9j is a resolution approving a project agreement with Keith and Associates for civil engineering and Landscape architectural services for belista Park okay mayor vice mayor members of the commission this is um the same project for civil engineering and landscaping for Bell Vista do we have public speakers no ma'am any questions or comments no take a motion please motion second second all in favor I okay 9k a resolution approving a project agreement with Rodriguez architect to provide construction Administration services and special structural inspection services for a new structure to be located at the intercoastal Sports Park Mr city manager mayor vice mayor members of the commission this is an agreement with Rodriguez Architects and they will provide construction Administration and special inspection services for our new work at inra Coastal Sports Park great any public speakers Macio no ma'am any questions from the commission no I'll take a motion please motion second second all in favor I I okay n a resolution approving a Le agreement with Keith and Associates to provide construction Administration services for the construction of the intercal sports park city manager mayor vice mayor members of the commission this is an agreement with Keith and Associates and they are going to provide construction Administration and oversight for the construction of the park inter Coastal thank you do we have public speakers no ma'am questions from the commission I'll take a motion please motion second I need a second second all in favor I I okay 9 m a resolution approving a First Amendment to the project agreement with Bea Architects to provide professional architectural Design Services for the renovation of the property located at 18050 Collins Avenue formerly known as Tony Ras extending the agreement for an additional 12 months Mr city manager mayor vice mayor members of the commission this is proving our first amendment with Bea Architects for the design of our project next door at the governmental Center Annex it's the agreement is set to expire in January there's no monetary extension it's just an extension of the agreement any public speakers no ma'am okay any questions from the commission no I'll take a motion please motion all in favor I I did I get a second no there's no second I need a second okay thank you guys are talking too fast next item please nine N is a resolution approving a letter agreement with Perkins and will to provide architectural and engineering design permitting and Construction Services for emergency generator installation at Gateway Park Mr city manager mayor vice mayor members of the commission this in agreement with Perkins and will um for permitting and construction for emergency generator install which we're trying to get done at Gateway any public speakers no ma'am any comments from the commission no take a motion please motion I need a second second all in favor I I okay 9 M wait right 90 oh oh sorry I'm went backwards yeah thank you a resolution approving an agreement between the Board of Trustees of the international excuse me of the internal Improvement trust fund of the State of Florida and the City of sanal beach relating to the sovereignty submerged lands leads for operation of the New Port fishing pier Mr city manager May mayor vice mayor members of the commission this is essentially an agreement between us and the State of Florida where we have to provide them a percentage of monies for the pier any public speakers no ma'am okay any comments from the commission no take a motion please motion I need a second a second all in favor I I I think people are getting a cold on the days next item please 9 p is a resolution approving the use and occupancy agreement and the addendum thereto with the Florida Department of Transportation for public parking and other public purposes on par 653 lot 3 located underneath the William demon Causeway Mr your city manager mayor vice mayor members of the commission this is our this is our agreement with the Florida Department of Transportation F do to allow public parking and other public P purposes un lot 653 which is located under the William Layman thank you do we have public speakers no ma'am any questions from the commission yes I have a question go ahead is this an additional lot that we hadn't used previously no because there was some changes in the way F do uh I guess puts together their leases they're requiring us to do a new lease so this one on 653 and 654 are very similar but it's not anything additional than what we had before okay so what we it's areas that we've leased previously yes and they also uh receive 40% of our revenues per contract okay for both of these slots that's 9p and 9q right right I need a motion motion need a second so move I mean second all in favor all in favor I I 9 Q is a resolution approving an amendment to the use and occupancy agreement with the the Department of Transportation for public parking and other public purposes on parcel 654 located underneath the William Leeman Causeway maner so this is lot 654 and it is what's happened is fot has it used to be one lease and they've separated into two but they also they still have the standard agreement where they get 40% of our revenues got it do we have any public speakers no ma'am any questions from the commission was there what was the purpose of them splitting the parcels I think it's just um a matter of efficiency for them or tracking instead of having one lump lease they're now breaking these Parcels out into separate leases so does that make it more difficult for us if we were to try to use the uh property under the Leman no no it doesn't it's the same it's the same lease it's just essentially they've broken it into two instead of one big one they broken it into two separate Parcels okay thank you take a motion motion second all in favor I I okay 9 R N9 R is a resolution approving an agreement with Kema downtown Corp to design build operate and Lease restaurant space at the property located at 18050 Collins Avenue sir city manager mayor vice mayor members of the commission we spoke extensively about this at our workshop and in individual meetings with you you feel like this is the best lease of the space Crema at $85 a square foot this is a 10year lease it's for, 1440 Square ft of interior space with 1700 squ ft of outdoor patio area do we have public speakers no ma'am any questions from the commission yes did we ever go ahead sorry did we ever receive a menu menu from this restaurant or no yes we did I forwarded that to you and the menu is standard and they want to have some flexibility based on what our customers here would like so there is a dinner um a plans for dinner also or no yes there is and it will be open from 7:00 a.m. to 9:00 p.m. okay thank you anyone else yeah have comment can we can you please clarify about the broker's fee that did we approve to hire a broker to get this um this option of this restaurant yes item nine are we've clarified and put in the broker's fees of 6% into this agreement no no no I understand but um did we approve to hire a broker back in the days like before hand and how much are we going to be paying right now in broker fee it was through procurement it's a professional service that is used kind of like getting a real estate broker so it's Professional Service that's permitted and excepted under the purchasing code so the city manager approved it and projected was under their commission essentially came down was projected to be under $50,000 which which it turned out to be cuz it's 48 and change 48 it's 48 and change 75 right so it's almost $100,000 no the other that payment the other $48,000 is to not our broker the other broker but we which is what you're approving yes that's industry standard where you're going to pay that's my point so in broker's fee to whoever broker it is we are paying almost $100,000 for the two yes for our broker it's 3% 48,000 that's the only person we're contracted with correct the other one you're approve you would be approving tonight along with this lease cuz that's part of the cost of the lease my point correct in broker fee in general is almost $100,000 which we never approve that and and I've been having issue with this a um property for a while because if you see the space we're leasing what less than a quarter of the space of the whole Total Space because we're bringing the building department there uh which I believe is a big mistake it should be a whole restaurant and my problem the problem that I have is now with the result probably cremma is overly qualified it's going to be an amazing restaurant I have no doubt of it is the process how we get to there okay because as as I'm not going to speak for anybody else I was kept in the dark of the whole process on last meeting when it was brought to us so in the future I would like to be a little bit more engaged or informed or what is it that is being done and if we're going to be paying a $100,000 for somebody else to come and tell us who we should be giving the contract to we have an amazing procurement ER department they do an amazing job so this is $100,000 that we should not be paying to anybody we should have do a bid and get the opportunity out there for anyone who wanted to participate to do so and we didn't do that at least not through our people so um I been having the same comment from the beginning so clearly I'm not in favor of this nothing to do with cremma I'm pretty sure that an amazing company and is I hope it's going to be a very good restaurant I can't wait to be there so like I said I'm not my issue is not not with the result is with the process Mr city manager could you please clarify the the process and and uh why it makes sense for us to pay a realtor fee so that for the record so we can understand I guess essentially it would come sorry go ahead I guess essentially it would come down to results so when we first put this out to bid if you'll recall I think it was at least a year ago our original bids that came in there were two bids and we were looking at we rejected both of those bids by the way and we were looking at around $32 a square foot so then um we put it back out to bid and we ended up with Negron which was a great choice and the commission approved it at $75 a square foot but then at that time Negron chose an alterate location we engaged with a consultant who knows the very specific details of commercial leases and they through their expertise were able to bring us they sent it out to over 7500 people we were able to narrow it down through the finance and the procurement team and ended up with Crema at $85 a square foot which is $10 more and something else our broker brought to us was negotiating a $15 per square foot joint maintenance agreement through the property so in the end though you may be seeing an expense in terms of our broker fees we're end up we're going to end end up making over 150,000 if not more over the life of the lease depending upon how well the restaurant does and our projections on the numbers are low based on the averages of Crema performing but they are per year the the 150 per year per year not the life of the per year okay for clarification yes so that's how we ended up where we are please go ahead okay but we are not comparing Apples to Apples because those $32 per square foot was for the whole property and right now we getting $85 for for a little quarter of the property so if we had taken the 32 by 100% of the square footage of the property we will be making more money if it's about the money any other questions I just want to comment on that the the Negron and again was the $32 is that what Negron was going to pay 75 75 that was 75 okay so I was going to say cuz Negron was also part of the thing um no I I think um I understand that sometimes decisions need to be made and and we we move I think commissioner styan would have been appeased if we had been told hey guys there's a shift going on and and just expect something coming that said it's $48,000 [Music] uh expenses yes they their fees but it's they're both under 50 and they he has the authority to make that decision but it's still coming to us and we just found $100,000 in in savings just in this agenda alone uh the the mini sweeper is $40,000 cheaper and the truck is $60,000 cheaper so we just paid for that here in the grant scheme we're okay but you know an email wouldn't have hurt okay all right I'll take a motion so moved I need a second please second all in favor I any opposed okay Mary say you got it okay next item please n's resolution approving an ink kind donation to The habad lubich of sanal beach for the use of the Government Center parking garage for a free community event city manager mayor vice mayor members of the Comm Mission this is approving an inine donation to habad louvic for the use of the Government Center parking garage on December 25th any public speakers no ma'am any comments or questions no I'll take a motion please motion you a second second all in favor okay go ahead 19 is a resolution approving an ink kind donation to the Russian Center of South Florida for the use of Gateway Center Center and Gateway Park for a free community event mayor vice mayor members of the commission this is an in-kind donation to the Russian Center of South Florida for the use of Gateway for a free community event to be held on Sunday December 29th thank you any speakers no ma'am any questions no I'll take have a question please go ahead I'm in favor of this and I will make a motion after after my comments but I want to know how is this different than the chess tournament when they just request the space to have the tournament and we tell and we told them no in this case we and I'm in favor of this 100% I know it is said that it's in kind but we have to pay the Personnel we have to pay the police there is like a lot of payment that they're going to be Associated to both these inine donations however when a residents came to request the space to also a 501c3 um they came and us and spoke to everybody I believe uh in request the space we turn them down so I don't believe we have a criteria and if we have it we clearly not following it and I'm in favor of this okay and I just like to go on the record agreeing with uh Bola okay commissioner s do you want to make the motion make the motion okay I need a second I'd like to comment something so so yeah I think we need to urgently come up with a donations criteria so we could um you know tackle these issues uh the right way and treat everyone more fairly yeah mayor we are in the final draft of bringing to you a donation process we're doing our final review with legal and we will have it to you for our next meeting um that includes all of the things that you've been asking us for and you each have been assigned monies in the budget and provided they meet the criteria if you would like to bring any of those future donations forward it will be up to you all as the commission to vote and correct since it's not on the agenda I just I don't want to get into discussion about it it's not on the agenda we have a motion but we have a motion I ask a question tonight yes absolutely but let's vote on this okay so that thank you did I get no no no but this is part of the conversation because like um Vice major Lama said um okay we need a a policy but I believe we actually don't need it it should be on on its merits one by one like we are doing it right now because you know what like I said uh we are not being fair we are not treating everybody and and then if it's going to be everybody's going to have that money the money assoc allocated then this is going to go to who like a little bit to everybody that doesn't make any sense I think these are two different conversations the in kind and the other it's two different conversations kind when we have to pay the people we have to pay the police officers we have to pay the people that is going to be putting the the no there is money there is money Associated I I want to make sure that hold on hold on if I may commissioner ston has the floor please okay please don't interrupt her go ahead when we are it has a cause to be there okay okay so even though that if we are not collecting the money we are not taking it out of our pocket it has a money Associated so and when we are paying our Personnel when we're paying our police officer when we're paying our Public Work people or CCS or whoever we're paying is not in kind there is money going out of of our bank account so we can call it in kind and like I said I have a motion on it but it's just not in kind okay commissioner viscar and then we do have a motion so want to move forward go ahead commissioner vcar it's in kind because you're not handing somebody else a check it doesn't mean that it doesn't have a cost for us it's just a a a definition it's a technicality issue but yes it is in kind but yes there's also a cost okay one comment and then let's vot yes correct okay so basically going on this UN in kind uh donation we basically at this point have to say and I I know someone will agree with me that um the Checker chess Association was treated unfairly okay yes thank you for your comment all right so uh do I have a second did you make a second I will make a second okay all in favor I I I okay next item please n90 years a resolution condemning the anti-semitic attacks on Israeli soccer fans in Amsterdam Netherlands okay thank you this is my item um I I I kind of feel a little bit like a broken record it seems that there's always a reason for me to bring something uh like this up um as others have on this commission um as well in these Chambers uh earlier today we commemorated Crystal KN uh anniversary from 1938 um where there was a program against the Jewish businesses and synagogues and people in in Germany um and sadly around that same um time two weeks ago uh there was a very similar incident in Amsterdam um during a soccer game where it was what was widely cons considered to be a program which means that it is a planned um and calculated and orchestrated uh event where there are persons that are actively going there um with with weapons for the purpose of uh hurting or or Worse um Jews and at this point it wasn't actually just Jews it was um Israelis because I believe it was the Israeli team that was playing so I thought that first of all we need to sadly continue to reiterate to our community that they are safe and not just the Jewish Community it's also uh persons that are from Israel who are not necessarily um Jewish and and for me it was important to uh have your input to see what you think because I think i' I'd like to give the city manager the authority to review our safety protocol as it pertains to uh events big events where we have a lot of people and to make sure that if he believes or he recommends or the chief recommends rather that we have additional police presence or if they don't um I want to make sure that this is something that we don't take for granted because just because it happened in Europe doesn't mean that it can't happen here do we have any public speakers no ma'am okay any comments um I I um wholeheartedly agree with that statement and I believe that uh we can't take uh current events slightly and uh things can happen here and we have to uh be um steadfast in our protecting our residents thank you okay commission I would like to add something or modify and make a motion with this modification so I'm going to read it because if the idea is to reiterate to our community that we're protecting them so I would like to add um condemn all acts of hate in any form whether they target individuals or communities based on race religion ethnicity gender sexual orientation political affiliation or any other basis of identity including two attacks that happen locally recently like the attack on August 4th 2024 to our teenagers in El tropical and the attack in October 21 2024 to our fellow commissioner Jerry Joseph in Aventura October 23rd October 23rd sorry I put 21 October 22R 20 I'm sorry 3rd 2024 so um if the idea is to condemn hate and to reiterate to our community that we are doing anything and everything for them to feel safe I believe these two attacks should be also included okay the the um the spirit of this resolution is very specific to anti-semitic attacks and recognizing what happened in Amsterdam so I can app no I one second please I can appreciate what you're trying to say and I obviously we all have said this many times that we condemn any kind of hate but um this is very specific to what happened in Amsterdam and anything having to do with large crowds and it is very specific to persons that are either Jewish or from Israel so I can appreciate what you're trying to say and you know I I um would invite you to put that on the agenda for next month but that's not what this is for that's not the purpose of this if I may regardless I make a motion with the modification I'd like to hear from everyone else first if anyone has any comments uh okay so two things I I'm let let me process what you just said I because I do agree with you we should be also thinking about locally but in terms of the the giving the city manager the authority to review safety protocols Etc doesn't he already have that Authority I I would hope he's doing that no it of course but this is more of rather than you know not any one of us are are um really by by Charter allowed to give the instruction to any of the staff to to review anything so this would be more about okay this happened in Amsterdam we are recognizing that at large events we don't have a soccer field but well we do have soccer games actually but that we recognize that there's a potential and that we would like him to review safety protocols for any event that has a large amount of people attending but this is specific to regarding anti-Semitism and persons from Israel because I'm relating it to what happened in Amsterdam which was a program and I understand that they seem related but this is very specific to this yeah um I okay I I just think the city manager already has the authority and I believe that the police department is already doing us uh we know I mean we just had the explosives dog this afternoon for that reason right like we're being proactive and the Jewish Community is one of the reasons that we're addressing that um I I don't know I I don't think that part is necessary um but okay that's my comment okay MCE mayor do you have any comments okay um so I'm getting confused now procedurally I just want to make sure you're making a motion with okay I would like to hear it again all acts of commissioner K thank you all acts of hate in any form whether they target individuals or communities based on race religion ethnicity gender sexual orientation political affiliations or any other basis of identity including the attacks on August 4 2024 in son Beach to our teenagers and October 23 2024 to our Jewish commissioner Jerry Joseph I'm concerned that we are um in any way stating that those are hate crimes or that there was a crime we we don't have that auor which attacks are you referring to to the teenagers which ones commissioner ston the five teenagers they were attacking trop on August 4 yeah I don't know if that's still part of a criminal process I don't know that I would be speaking on it officially as a body I don't know what the criminal disposition is on the case okay so I wouldn't specifically make any findings on what may or may not have occurred I I don't know no specifics about it but we would need to check to see with the criminal and Status regarding my attack I didn't think about it before but my attack absolutely could have been a hate crime again I don't have any enough specifics and we would need to is that part of a criminal process um I have to now uh look into it in that in that light yeah I I wouldn't I mean I wouldn't recommend commenting officially as a body on anything that's currently pending that hasn't had a disposition okay thank you right there's a motion on the table so what my question is how are we tying it into the current language in 9u your your revision we this is about hate okay I I know but we have a resolution okay you're amending the resolution correct so how is the language being amended what I read twice whereas but where is it TI where is it tied in yeah but where are you tying it in in order to make it one flowing resolution it is in one of the word ask condemning blah blah blah everything I put okay so then the resolution itself would have to be Rewritten so that it's a flowing resolution no with an amendment with a modification yeah right with a yeah yeah so I make the motion with the modification yes if somebody second we V but you still have to rewrite the resolution no you she's just her motion is adding awass with what she read that's what she's prop okay fine okay so we'll do it that way another section of it okay fine is the title changing at all no okay okay just making sure I need a second then I'll second Mauricio we'll take a roll call for this commissioner Joseph yes vice mayor Lama yes commissioner stent yes commissioner viscaro I'm gonna be on no because of of the attorney's comments and I and I I will defer to that but I think it's absolutely appropriate at some point maybe that point is today if you know if we're at voted but um to address the safety at home we I I I I absolutely support that sentiment but I will defer to the attorney uh and I'm going to be a no on the amendment mayor fetchen and it's it's definitely a no it's not part of my resolution and I absolutely defer to the attorney there is no there are no decisions on any of those those statements so to vote to uh condemn them as hate or as a crime um I think puts us in a very precarious um position so I'm definitely a no thank you resolution as amended is approved three to two next item are we leaving the the the um so so that was the the amendment but what about the authority are we touching that at all we're leaving that just voted to leave it yeah okay fine okay 9V is a resolution expressing support for a collaborative initiative requesting that the Miami date Transportation Planning organization and the Florida Department of Transportation prioritize a study addressing traffic congestion at the intersection of 163rd Street and biscan Boulevard mayor vice mayor members of the commission this item a similar item was voted upon and approved in North Miami Beach and they asked us to assist with requesting that Miami day Transportation Planning and F do make a priority study of the roadway at 163rd Street in biscane thank you do we have any public speakers we do David Virgil good evening my name is David Virgil my address is 17500 NorthBay Road S's speech I just want to say I think it's a good idea to support this initiative because the traffic at 163rd Street and bisin Boulevard has been terrible over the past few years especially with the addition of bright line passing through at least twice an hour it messes up the traffic signals and it causes over 15 minute delays just trying to get through the intersection um I'm not sure what can be done because in the future another train will be added with the Metro Ro being extended to Aventura so I think traffic might get even worse uh maybe a bridge like an ier Road over the train tracks may be a good idea I know this isn't to give a recommendation I'm just saying but um yeah I support uh this initiative thank you I'd just like to say please go ahead I believe there's a large construction uh uh development that's planned for that area is is there not there many there's numerous projects planned along 163rd Street solid gold is over there there's um highrises that are planned I believe there's projects everywhere there Shores there's a whole bunch okay any other questions I'll take a motion please so moved I need a second in favor I okay 9W 9W is a resolution establishing the scheduled of regular City commission meetings for calendar year 2025 mayor Commissioners this is uh as the title States um setting the dates for the commission meetings in the calendar year 2025 uh we did a an analysis of all major holidays including religious holidays for the calendar year in 2025 and the only conflict that we found was June 19th which is juneth um so the meeting in June will be held instead on June 17th which is the Tuesday before good so the commissioner to be here on her birthday yes I say one more thing uh wait one second do we have any public speakers go ahead and um have we now um put on our calendar for May 16th which is a Jewish uh unification day in Sony Isles remember we had a proclamation last year this this current year regarding that this is for the commission meeting yeah this is just understand but you were talking about holidays and that yeah no so what we did is we went ahead and we looked at all um the months and in the year just to make sure that none of the meetings that we have normally scheduled on the third Thursday of the month okay don't conflict with any of those where we would otherwise either be closed or would conflict with a major religious holiday okay thank you right I'll take a motion motion need a second second all in favor okay next item 9x is a resolution authorizing the city manager to sign or renew all required contracts agreements and purchase orders during the recess period from the last City commission meeting in November 2024 through the first regular commission meeting in January 2025 subject to the after the fact verification at the January 2025 City commission meeting mayor Commissioners this is uh a resolution giving the city manager the authority to be able to execute any contracts um that are needed to conduct the business of the city provided that they are first reviewed by the City attorney for legal sufficiency and are approved and ratified by the Commission in the meeting in January okay do have any public speakers no all right take a motion I'll make a motion need a second please all in favor I next item next item is N9 z a resolution authorizing the expenditure of budgeted funds for the purchase of a 2024 Ford F550 supercap chassis from Hawkeye Truck Equipment Company Inc wait didn't we skip 9 y Miss 9 y 9 y did I miss excuse me RFP Excuse me yes I I did so sorry about that give me one second 9y is a resolution awarding request for proposals number 2481 to Dolphin Towing and Recovery Inc and Midtown Towing to provide police towing services mayor vice mayor members of the commission this adds to Towing contractors for our police Towing for accidents or arrests type situations any public speakers no ma'am okay take a motion motion need a second take all in favor okay and now we n at N9 Z N9 Z is a resolution authorizing the expenditure of budgeted funds for the purchase of a 2024 Ford F550 superc cap chassis from Hawkeye Truck Equipment Company Inc mayor vice mayor members of the commission this is the purchase of the truck that the vice mayor had the discussion about earlier thank you do we have any public speakers no ma'am since this was an added item I just want to give anyone an opportunity okay I'll take a motion then motion need a second please second all in favor all right okay Marcio do we have uh yes so we have one speaker for the citizens Forum Vitali falkovich great thank you I know you've been here many times but please your name and address for the record my name isal palovich to 8 167 ter Miami Florida um number one I wanted to say uh congratulations to commissioner ston on Election you know people spoke and they know who they want as their Commissioners number two number number one number two is that I think that if you look at Sunny is as the safe I think it's one of the safest communities I say in Miami really honestly and one one of the reasons is because you have a city manager who hires amazing police chief and if you look at the police department you see Rank and file it shows a perfect example of how the police department should act and how the safety should be here and you know as I look at the Mad May you know you always speak on a safety first you know you value your residents because you know how important the safety if you look in other cities you know you have a homicide right in Miami a lot there's a lot of homicides in Miami yet there's nothing going on like that in s let's show us an example of commission and the mayor and the city manager and I appreciate guys as a visitor and having a lot of clients here and I'm trying to have open business here and I realize that this is a perfect example of how the town she run thank you thank you so much for those kind words really appreciate are there any other speakers no ma'am okay before you have your comment I I I do want to again uh congratulate commissioner Stenson on her reelection um we're not back until January so I'd like to wish everyone a Happy Thanksgiving and uh Merry Christmas and happy Hanukkah and happy New Year for those that celebrate um very nicely what you just said uh I hope it's safe and uh peaceful and quiet uh thank you and then we have one last very important message so please Vanessa don't turn off the feed okay is uh just to remind everyone all our residents that we have a runoff election for commission seat 1 which will be held on Tuesday December 3rd um related to that uh we were notified by Miami date County that Precinct 2 which is the polling location at St Mary Magdalene will be unavailable for use for this uh runoff election so that Precinct is being moved temporarily to Gateway Center which also houses precinct number four so just for this selection alone Gateway Center will house both Precinct 2 and Precinct 4 and I had conversations with the city manager and uh we are going to be offering a shuttle service that day for any residents that normally vote at Precinct 2 to be shuttled over to Gateway Center um and then the final comment just because you mentioned it mayor we do have a special City commission meeting scheduled on December 2nd for the saring in of commissioner cyon okay so will there be activities at Gateway Center on Election Day I believe that everything has been canceled for that day okay thank you okay thank you meeting adored --------- ##VIDEO ID:OlE9wVR_ssU## good afternoon everyone if you can please have a seat we're about to start Maurice are you ready yes ma'am Okay it's 3 o'cl call the meeting to order commissioner viscaro here commissioner stent commissioner Joseph here vice mayor Lama here mayor fetchen here all members presid great thank you go ahead please the first item on the agenda is okay I think we're gonna move this to the end of the meeting because I don't think they're here yet uh 2B is a photo contest winners for the 2025 calendar good afternoon honorable mayor vice mayor and commission each year the city of Sunny Al's Beach holds a photo contest asking residents and visitors to submit their best photos showcasing the beauty of Sunny Al's Beach this year 17 photos by 17 different photographers were selected and are featured in our 2025 desktop C calendar while not all of the submissions we receive can be featured in our calendar many you will see throughout the upcoming year on our website Publications and social media thanks Pablo I would also like to recognize alvir gatina our City's graphic designer who did a wonderful job designing this year's calendar Vanessa Vieira who puts in a lot of work managing this contest and Franchesca constantini for contributing editorially as I call each Winner's name please come up to the front for your award and stay here so we can all take a photo our cover photo is by kagar guelle kagar is a resident of Sunny Al Beach an amateur photographer he loves taking photos of nature people in natural moments and finds inspiration in photographing our [Applause] city our introduction page is by Peter Goldenberg Peter has called Sunny Al's beach home since 2009 his children have grown up here attended school and enjoyed many of our City events he is honored to have his photo selected a reflection of his deep connection to our community he's not here right now not here I'm not sure how many of them are here January is by Claudia Moreno Diaz originally from Columbia Claudia has called Florida home for the last 30 years her passion for photography began at a young age and while while she pursued a law profession her love for capturing moments through the lens remained she especially enjoys photographing the ocean and sunny Al's beach has become her favorite spot February is by John Cohen born and raised in Montreal Canada John has been passionate about photography since he was young over his career he's had the unique privilege of capturing a wide variety of subjects including celebrities athletes and politicians can see them better March is Enzo saverino Enzo is an American Brazilian college student his photo captures the magic of Sunny Al's Beach Waters and shows why the sunshine state is a photographer's Paradise he is honored to have his work selected and lucky to have the endless support of his uncle janaro during his time in Florida April is by Beatrix singer Beatrix is a mother of two educator holistic empowerment coach author and photographer one moment if if your name is called please come up thank you uh her childhood Dream came true when she moved to Sun Al's Beach a modern city with a beautiful Skyline there are people [Applause] here may is gnome to gome is a photographer from Miami with over 25 years of experience his work has been featured in magazines local news channels and now our calendar his success is a testament to his passion for photography and his ability to capture the essence of moments through his [Applause] lens June is by giovana vaglio Bianco I doubt she's here because she is from a small City in Northern Italy she's here oh she is here wow came a long way so last April she visited Sunny Al's Beach and immediately appreciated the stunning architecture she enjoyed spending relaxing moments with her daughter at the playground and she says her winning photo summarizes the beauty of Sunny Al's Beach modern buildings harmonized with [Applause] nature July is by Alex vener Alex is a retired civil engineer who has participated in our photo contest for the past 11 years his vibrant photos never fail to showcase the natural beauty of our [Applause] city August is Michael Mendelson Michael is an experienced real estate property photographer who specializes in capturing residential and Commercial properties his winning image features a stunning Skyline View of Sunny Al's Beach that is an ideal visual representation of our City's luxurious highrises and peaceful [Applause] Waterfront September Is by Moses ban Moses is a sunny Al's Beach resident and professional photographer who owns his own photography business his winning photo is a vibrant and colorful image of Sunny Al Beach [Applause] architecture was that good timing October is Elena Gagliardi Elena moved from Russia to the United States 16 years ago after spending 12 Years in New York she made the move to Miami an avid traveler she enjoys capturing the magic of sunrises and [Applause] sunsets November is by jinto G Hernandez jinto is a South Florida native with over 40 years of photography experience he specializes in weddings portraits recording artists and fashion he enjoys visiting the peer in the morning to see what each day Sunrise will inspire him to capture December is by Leonardo Escobar photography is Leonardo's passion and his way of transforming the ordinary into extraordinary he finds magic in the Twilight over Sunny 's Beach where the city's architecture meets the vibrant colors of the [Applause] sky our photography page is Jimmy bov visus born in Uruguay Jimmy moved to the US at age 20 to study engineering while at the University of Minnesota he took a black and white analog photography Workshop that fueled his interest today his portfolio comprises more than 26,000 photographs which have exceeded 26 million views online and his photos have been featured in various media such as books films museums Wikipedia and [Applause] more our connect with us page is by nesda bareno which I don't think is here he's here and our last page is by Carol Perez that's everybody that's everybody all right let's go down picture you can all come down for a photograph and we have calendars in the back of commission Chambers you have some in your bags too to take home you can you guys come this stand think they won't be able to in the back it's this is in the way you guys can move right there don't H guys all right right here two one here we go same two one two say it again I ain't I ain't bring the Dome I forgot the oh okay look at that thank you you're the bunch of photographers oh yeah at she here we go here we go same thing three two one last one three two one thank you for they [Music] we're going to have a presentation of our new K9 if anyone wanted to stay and see it okay okay Mauricio the next item uh we're going back to 2A introduction of the police explosive detection dog good afternoon mayor vice mayor Commissioners Mr manager Today We Gather to honor an exceptional partnership within our Police Department K9 Officer Gabriel Martinez and his remarkable K9 partner Nitro this duel exemplifies the courage dedication and skill that Define the very best of law enforcement officer Martinez joined our department just two and a half years ago but in that short time he has already made a profound impact a little over a year and a half ago he took the challenge of joining ourc unit a role that demands unwavering commitment and the extraordinary level of expertise the Journey of becoming a k9 Handler is no easy feat officer Martinez completed an intensive 12we 480 hour Patrol school and this is why we're here tonight he just completed an 8 week 324h hour explosive detection course equipping him with the specialized Knowledge and Skills to handle Nitro in critical situations together they have trained relentlessly to be prepared for any scenario ensuring the Safety and Security of our community Nitro is highly skilled is a highly skilled canine is trained in apprehension tracking article searches and explosive detection this Dynamic duel has already proven their capabilities in the field with two real-time apprehensions using nitro's impressive tracking abilities ities these successes are a testament not only to nitro's training but also to the trust and bond he shares with officer Martinez the work they do goes far beyond apprehension and searches together they bring a sense of security to our city demonstrating that every effort is made to protect and serve our residents the hours of training the sacrifices and the Readiness to face any danger are all part of what makes officer Martinez and K9 Nitro a vital asset to to our team Gabriel your dedication to your role and your partnership with Nitro inspires all of us you represent the values of professionalism perseverance the Excellence that we strive for as a department Nitro you remind us of the incredible capabilities of our K9 partners and the bond that makes them more than just officers they are family please join me in recognizing K9 Officer Gabriel Martinez and Nitro for their standing contributions to the Sony Al Beach police department and our community thank you both for your service your commitment and your courage so I would like to invite pictures but I strongly suggest do not touch the dog do you do you want us to stay up here um to you can stand behind the podium if you want and you can stand in the front yeah let's do that after that warning thank you very much and I want to thank each and every one of you for your continued support and and we couldn't be here without every one of you thank you thank you thank you stfe next item is to see a proclamation for Chris Doo week Crystal KN um so this is this is my Proclamation um I actually wasn't really planning to do this but in light of what happened in Amsterdam uh a few weeks ago I decided that this is important uh as a reminder uh on the night of November 9th through 10th was 48 hours in 1938 Nazi Germany orchestrated a nationwide Campaign Of Terror against Jewish communities known as Crystal KN or the KN of broken glass this PO pogram was marked by widespread violence including the destruction of synagogues Jewish homes and business businesses Crystal KN signaled the intensification of state sponsored anti-semitic policies and the transition from discrimination to outright persecution which would culminate in the Holocaust this event remains a somber reminder of the consequences of unchecked hatred bigotry and complicity um and just for those that don't know this was a a period of 48 hours over 1,000 synagogues and uh were either burned or damaged 91 Jewish people were killed and 30,000 Jewish males were arrested um I'd like to read the proclamation whereas on the night of November 9th through 10th 1938 the German Nazi regime Unleashed a nationwide program against Jewish people resulting in scores of deaths hundreds of injuries and the destruction of synagogues shops and homes and whereas the shattered Windows left strewn across the streets gave this atrocity its haunting name Crystal no or the night of glass marking a grim turning point in history and a forewarning of the Holocaust to come and whereas the world largely ignored mounting warning signs of rising anti-Semitism disregard for human rights and unog enic motivated hatred culminating in this heinous act which should have sounded an urgent alarm to humanity and whereas this program foreshadowed the unprecedented atrocities of World War II and the Holocaust which claimed the lives of millions challenging the world to confront the depths of human C cruelty and its catastrophic consequences and whereas the city of sun Al's Beach wishes to commemorate those who perished in the Holocaust ensuring that their Memory Remains a Living testament to the dangers of hate and enduring strength of the human spirit and whereas the week of remembrance of Crystal KNX provides an opportunity for Education reflection and action ensuring that the lessons of History are neither forgotten nor reputed whereas the city dedicates this week to honoring the memory of those who suffered and perished to standing in solidarity with survivors and their descendants and to fostering an enduring culture of respect inclusion and Justice now therefore do i l Su fetchin as mayor and on behalf of the city Commission of the city of s Al's Beach hereby designate November 4th through 10th 2024 as Crystal knocked remembrance week in the city of Sunny Al's Beach um and and again the U later on in this evening I'm going to be uh presenting a resolution that's going to be tied to this um the sad irony is is that the whole point of this remembrance is so that you don't forget that these sort of things can happen and what's terrible is that uh something very similar happening uh on the actual anniversary of Crystal KN in Amsterdam um so I'm very happy that my colleagues are um allowing me to present this Proclamation thank you thank you next item on the agenda is a 3A a discussion uh discussion items uh and this one is an introduction to newly elected School B member Joe Geller and a discussion on ways to improve relations with the Miami dat County school board and or the C's Beach k38 School commissioner viscaro thank you I'd like to invite um Mr Joe Geller to speak but um before you do that I I just wanted to uh thank you and and congratulate you on on your new position and um in the past I I just thought this was an opportunity to to start a new I'd like for uh this commission to have a healthy line of communication with you an open line of communication with you and uh I have some concerns I'd like to share and um you know I'm happy to start kick things off um after you share with us you know whatever you have to share with us Fair all right welcome well good afternoon everyone how's everyone today very happy to be here with you mayor vice mayor Commissioners all I know you all very well Mr manager Mr attorney um Adam Deputy manager Mr Clark and all the citizens that are here today and anybody that is watching are these are they televised yes great well hi everybody uh I'm Joe Geller I got sworn in as the new school board member for this District Tuesday and had my first meeting yesterday so all little new but I'm certainly no stranger to this community or to these Chambers he was here number of times during the eight years that I represented Sunny Isles Beach in the state legislature and had the opportunity on uh several occasions to to speak to um some of you were here and some of your predecessors and uh keep you up to date on what was going on there and I'm I'm glad to be back representing Sunny Isles Beach in any capacity cuz I love this city it's a great City and and you guys are really doing wonderful things here with the city so congratulations to all of you um with me today is um my brand new uh Schoolboard Aid Christian Molina Christian and my dear old friend who I'm gonna in just a moment ask to come up and and stand with me um she has a very simple name this is Tabitha physique who I've known for more years than I can really count that high frankly uh and she has this tremendously impressive title that I won't get right but she is in charge of government intergovernmental Affairs which includes you guys and family and Community engagement it's a wrong title but that means that she's here on behalf of the school system itself to work with this community to work with all of our communities and to make sure that your desires your wants your wish list as elected officials in so far as uh we have the funds to do it to make sure that those things are implemented and my job is to work with the superintendent of schools Dr dois and to make sure that as board members we communicate to him what the public is asking for what the public wants to see and uh to urge him to have his very impressive staff including Miss Vino to accomplish those things and carry them out so I I just a couple of very quick points as I just went through a a swearing in on Tuesday it's still fresh in my mind but what's important is that we do what we can to help students to do what we can to help parents and to protect our teachers and support staff the number one and I know it's a concern here is it is everywhere the number one concern is safety and making sure that when parents bring their kids to school and turn them over to us that we're keeping them safe and making sure that at the end of the day they can go safely back to their parents and for that matter we have teachers whose lives are entrusted to us we have all manner of support staff from bus drivers to cafeteria workers to maintenance people and they're in our care every day too and we need to to take care of them and all the parents that come very important to me as a parent of a 12 grader who uh we don't know yet where she's going next year but we're working on that but um the rights of parents are important to me but I want to quote my wife and just make the point that parents rights are very important other parents have rights as parents we have rights but their rights end where our rights begin and we just don't think one parent should tell a whole class of parents what they can or can't do they can speak for and on behalf of their children and I expect and hope they all will just like I try to speak up on behalf of my daughter and my wife does the same thing and then we're interested in making sure that all of our kids get a worldclass education that they're equipped to compete in these rapidly changing technological times that they come out of school with something useful whether they're College Bound whether they need instruction uh or want instruction in some kind of a business or a trade or something that they're going to look to support themselves there's a whole range of options we have all kinds of kids I did add uh yesterday that one of my personal passions is going to be ese exceptional student education this is something that we really need to prioritize so before I open it for questions I do want to ask my colleague Miss feno to come up she is in charge of presenting the school district's legislative proposals to the legislature in Tallahassee my Earth while colleagues and I want her to take a few moments and run briefly through with you and let me I'll pass these around run briefly through with you what that program consists of um I know from things like the league of cities and other activities that the uh your commission is involved with with that you have the ear of some of our legislators from different positions different houses different parties we need your help this is for the good of all of our students I ran on a platform of trying to get politics out of our school system it's not the place for it um all of us uh you know that serve an elective office you have to get elected I understand that but the fact of the matter is when it comes to our kids these issues shouldn't be partisan I want to see all our kids are protected they're all given a safe and healthy learning environment where they feel welcome but we're here to try and see if we can reduce partisanship and just work together for the benefit of our kids so I'm going to pass this around to the commission and the manager and I'll ask Miss Vino to start thank you board member Geller uh good afternoon and thank you for the opportunity to appear before you um my name is t at the feno um many of you I know uh and I am the chief intergovernmental Affairs officer for Miami dat County Public Schools thank you mayor members of the commission Mr manager m madame uh Deputy manager um Miami Dade County Public Schools uh has a long history with Sunny Isles and on behalf of the board and the superintendent we very much want to ensure that we maintain open lines of communication and that we're really Partners in delivering uh the finest education available um to the children of this community with that as board member Geller indicated each year our school board adopts a legislative State Legislative program which has been shared with you there um and we will go to Tallahassee and Advocate on behalf of our community to bring additional resources home uh specifically around increasing the uh K12 funding Pi overall and then more more specifically um addressing the uh inadequacy of funding for high cost communities like Miami Dade uh additionally we will be advocating for increased funding for school safety mental health ese um additional supports for Recruitment and Retention of our teachers um as well as going back uh and asking for some additional deregulation to really streamline the operations of the district so we can be more efficient um with those dollars as many of you know and and you've heard um our board Echo uh in Miami day the dollars go to the classroom um fully 99.5% of the funding that we receive actually goes um to students or student services directly we have one of the the lowest cost Central administrations um in the in the state and we're we're very proud of that um as it relates specifically to this Community you've always been a partner um and our Sunny Al K8 I'm proud to say has been an a school uh since its Inception um more recently this year we've had uh great communication with your your management team a number of issues have been brought forward that we believe we have um have addressed and we're continuing to work to address um and I really want to appreciate the opportunity that manager Morris and Deputy manager Simpson have provided for us to um work through these issues I'm very proud to say we were able to deliver on the request for a full-time nurse at the school um and other uh improvements to the facility uh that we've been able to move forward and we're going to continue to to work with the city um with that thank you for your time um should the board uh wish to endorse the our board's legislative program we would certainly appreciate that and again I Echo up board member gall said um as you speak to your colleagues your elected colleagues uh that represent our community in Tallahassee advocating on on behalf of our students would be greatly appreciated thank you thank you thank you commissioner rcar did you want to start a discussion we'd like to uh invite any comments from from y i i got this Joe I'll start go ahead uh well first of all I really appreciate this legislative program I've never received this in Advance or in any form and I I already feel more informed so I appreciate that I'll I'll review it and and I look forward to speaking to in more detail about that so I will um first of all this commission has the whole Spectrum so we have from kindergarten through 12th grade so we we're all experiencing the public schools in a in a different um intensity I think um the the one thing I wanted to bring to your attention where I think we could use some help I don't know where the jurisdictional lines end or begin I'll leave that to you to figure out but uh we have it may sound silly but we really have a big problem with scooters in this city and uh a lot of it is going to and from the schools and our our pedestrians and our elderly are learning not to walk around in the morning when kids are on the way or in the afternoon when the kids are going home because it's it's uh the Wild Wild West and in the past we had requested uh cooperation from the school that they not um because we have a registration program that allows us to then um have an enforcement program without the registration the enforcement is very limited uh so we had asked the school to cooperate with us and assist us in by by not allowing unregistered scooters or to let us in in some way where we could work the the scooter issue the children it's are not the only problem but it's it's a big thing because we are giving them motorized vehicles they're they don't understand the rules of the road we've provided education but not everybody attends uh we can't make it mandatory enforcement is tough and people are getting hit the kids don't always no to stop I mean it's just a whole thing but if we could I feel like that's a simple at least in my eyes a simple thing where we could start if we could get the school to cooperate with us however the the police department decides whatever is best whether it's not allowing them in or allowing us to register whatever it is um if we could open that door and accomplish something to improve the safety for everybody the kid the kids riding the pedestrians on the sidewalks in the mornings and in the afternoons I I would greatly appreciate that sounds kind of like family and Community engagement to me anything on that Miss VI sure absolutely commissioner this is um the first I've heard of that particular scooter issue I know there was a a concern about scooter parking and we've addressed that so this is new information to me but it does sound like a reasonable request I'll be happy to work with a school in our region and your police department and I'm sure that we can come to a solution that makes sense for for the students and certainly makes St sense for the safety of the community so we'll look into that and we will get back to you I would greatly appreciate it that's my whole list thank you okay vice mayor did you have a list no I mean thank you very much for coming here I I I do appreciate the uh legislative priorities I will definitely take a good look at them and um yeah I mean scooters is I think when it comes to students the peak hours of you know uh school you know going in and and coming out the students so yeah we get a lot of calls a lot of complaints and actually we have some residents that have been injured thank God it's you know been limited to injuries and it hasn't gone any further than that but yeah we need to see we could work with with the school and trying to mitigate some of these issues so I I would say that is the top priority right now that comes to mind and um yeah I mean that's that's about it and again thank you very much for as far as your comment on the legislative priorities let me say I I was I used to be kind of one of the first stops that uh Tabitha would make when she came to tasse to go through this everybody on the de has their own different in independent contacts with members of our legislature and and whoever it is that your contacts are with we want your feedback on the legislative program that we've given you you can contact Miss feno who actually has a card that's in there or you can contact me directly and I'm happy to talk with you and pass it along um and I'll make sure they get it so if you see something that you feel strongly about and want to know what we can do more let us know if you see something there that you think you're not in love with and and you'd want to see if there's some uh backup or some explanation or you want to offer some comment or criticism please don't hesitate to give us that and other than that just you know be armed with this like when you go to Tallahassee for whether it's League of cities or dat days or whatever you might go up for thank you thank you commissioner Joseph do you have a list ladies first sure okay congratulations um you said that one of your purposes right now in this uh term is to take politics out of the schools okay so I'm going to give you uh my personal feedback about that okay please you have a organization which is the PTA that is forcing the parents to fund that organization which has zero over side and zero accountability that organization is a membership organization that is a purpose is to Advocate and to change legislation to the county state and federal level so I'm going to give you a few examples of my parents that they are sending it to me actually right now as we speak so for example tomorrow there is going to be a school dance a Fall Dance the kids are obligated mandated forced to pay five to participate in a public school so the children that don't have those $5 or they forgot they won't be participating in the dance so I hope and what event is it it's a dance it's a full dance yes during school hours because I understand if after school that's another ball game okay but during school hours the child that doesn't have the $ five do is going to stay in the classroom while the other kids are going to be participating in the dance again in a public school so they're forced to give this money to that organization second I stop you with number one for just a moment I'm sorry I'm going to stop you to just to comment on number one that's the first obviously that I've heard of it and I I don't even know how our budgets work yet but one thing I'm going to do and I'm going to ask my staff that's here and the District staff that's here today I'm it's my understanding that there are some discretionary funds that we have that we can expend and if there's something we can do that we can provide some funds to help cover kids whose parents find that a hardship um I don't know if we can get it done in time for tomorrow but uh you to make sure that that never happens again if there's something we can do or my office can do to help those kids not feel excluded it it's it sounds heartbreaking to me so it is and it's not only the dance that is tomorrow so you can go tomorrow to the school and experience yourself the situation also to participate in many other events like for example crazy hair day or color day or jeans day they're forced to pay so since kindergarten the kids are it's some kind of discrimination that if you don't have the money or you forget about the money then you cannot participate again they are Force also to participate in the um field trips they're forced to pay a $15 again to the PTSA the organization that you guys has zero accountability and zero zero oversight the par has to pay $15 other than the cost of the whatever that they need for the field trip in order to participate so it's mandatory to have a chirt from that organization okay so also parents are not longer allowed to uh participate in the launch program that we used to have what is that we the parents used to be volunteers um during the launch hours to be there for the kindergarten first grade second grade to open you know the joger the juices Etc so now parents are no longer allowed to participate all volunteering goes through who the PTSA again so they decide who can be inside our schools not you guys okay so you're giving that power to this again corrupt organization so what else can I have here um obligated to buy the school Church obligated to buy for the to pay to them to the field trips oh also they're obligated the parents to buy instructional material through the PTSA so if one thing I can ask you the one thing okay other than safety clearly which is always going to be our priority and you were here right now when you see our new K K9 so we take that very serious okay so other than safety anything that you can do and I'm going to do the same whenever I have the chance to influence talahasse and the county to finally have oversight over and this is my personal opinion okay not of the diet of the city through a corrupt organization which has zero oversight accountability I would really appreciate you doing that during your term thank you thank you commissioner Joseph W C organization I'm not clear about which organ clear way it is parent teacher student Association thank you okay so um my uh Regard in my regard I would like to speak to us uh and how you would deal with certain teachers that uh their grading is not uh done on a fair basis where um we have an experience not with our K through but another school under your uh guidance which is I prep North so um we've had uh personal experience with teachers that um they in their grading system they give benefits to certain students as far as bumping up grades and not to others um is there a protocol regarding that that um or that we could come to you with certain uh circumstances to be looked at academic matters are things that are committed to the administration and typically even though I'm new I know that board members are not well I'm going to use the word allowed it's possibly a bit too strong to get involved in individual matters involving grading now if there is a systemic problem if there is some policy that is being unfairly implemented or misapplied that's a different story I can look into that I'll certainly be interested in getting specifics but like I said if one teacher is not being fair if they're those Notions of what is and isn't fair tend to be in the eye of the beholder but if there is a problem well there's a process I'm not speaking regarding just one student it's a group of students that are being um you know as I if there's a a systemic problem even if it's with one teacher but it's not a one teacher one student thing yes then what I can do is look into what the policy is that governs that and if I think the policy needs augment ation we can certainly talk to the administration and through the superintendent to the academic officials to see what could be done to have a better and fairer policy to make sure that no particular group of students is being unfairly disadvantaged keep in mind the teachers have certain academic freedom when it comes to their assignment of grades as well and the system is a overall it's a good system to prevent favoritism but if it's got some weakness in that system that we need to shore up we can certainly look at the policy and see where it could benefit and we can discuss that with you now logically thinking I I assumed that the principle would be the overseer but that happened not to be the case principles don't operate in a vacuum there's an entire District staff there's a region staff there's various levels principles are an important part of it but they're not the only part and uh you know we will certainly look into that as we move forward thank you so once you get settled in we do have an issue to speak to you regarding with uh regarding a family matter okay thank you okay um thank you congratulations um thank you Tabitha for coming I know it's not easy during this time of the day or any time of the day from all the way down south um for me I I have one child left in the school and I've got others in in high school and one in college now um uh I love our school uh and I I feel that our relationship with the district and and your predecessor uh has been you know good sometimes not great but it's it's in a good place now um the the question that I have that I would like for you to consider and I recognize this is not something that you can consider just for the city of Sunny Al's Beach and this is why it's a very big issue that I hope that you all may one day tackle it's transportation to magnet programs um this is a a big ask and as as a city we can't uh possibly handle it because as you can imagine we have a lot of students that have a lot of interests and there's a and and you know I think the district one a magnet uh superintendent of the year for the entire country is that correct so there's a lot of programs which is great but now we have a lot of kids that uh and parents that are are really suffering and I can tell you from me personally when my son was going to SAS at wolson I spent a fortune on Ubers um so it's something for you to please consider and and potentially you know put on an agenda item and I know that we will definitely have a lot of parents that would come out to to support it well that's a really important issue mayor and let me say that particularly these days where our public schools are competing daily to keep students in the public schools I'm a big believer in public education but the reality today is that that means you're in competition and we need to view that competition as one that we intend to win to keep Public Schools strong and vital we have not just the the one particular Accolade you mentioned but according to a lot of people we have the number one magnet school program in the country right here in Miami day that's great but as you point out that's a great thing if the students can get there now the first thought that comes to mind is in some ways a little scary we've had a lot when I was in the legislature we spent a lot of time talking about ride chair programs and whether those ride share programs would have to have a certain level of background checks which typically frankly they're not very strong at not trying to point fingers at them but you you've got a 15-year-old a ninth grader you know putting them in a car even if there was some way even if the district was able to do some contract and Moss with some ride share program at some super discount to help our even if we could do that how many of us would feel comfortable putting our 15-year-old in a car with a stranger that hadn't had a level two background check so there's an old saying that complex Problems by definition do not have Simple Solutions because if they did they'd be simple problems well I just want you to consider perhaps not a a districtwide but perhaps school by school because as an example school for Advan studies the north campus does have a bus so the I don't mean to get into large huge discussion here great point I'm gonna I think Miss Vino has some comments on so we see um yes uh absolutely we're we're aware that that that is an issue and um one of the priorities of our board is ensuring that we have maximum access to our fabulous programs countywide now as we all know traffic and Miami dat is what traffic is Miami dat um and unfortunately transportation funding that we get from Talahassee never quite covers it that being said um we have been working uh with our transportation department doing a number of things creating hubs where students who are participating in magnet programs um can get to a Transportation Hub and then we can get them work to get them to their program in addition we did have an item on our school board agenda last month around exactly this issue uh directing us to explore additional Partnerships with the county um for either discounted or potentially um free student passes for for public transportation and that would include um the Metro Rail Tri Rail uh and buses so um we're actually have a a meeting on the calendar with the with the county coming up um around those discussions and again and if there are any specific issues specific student issues you can always reach out either through the region or call my office and we can work with our transportation department and see if there's a route that we can get a student on because to board member Geller's point we we recognize that today education is a choice and where you place your student is a choice and so we as a district want to do everything that we can to help accommodate parents when that choice is one of our schools because we believe Miami dat schools is your best choice CH I'll get brownie points from my communications officer for saying that um but but honestly and so it is a very valid point thank you for bringing it up um and again like I said part of our legislative program uh increasing those Transportation FTE dollars certainly helps go a long way I just want to add that that's that's all true but the reality is it's just an example of how sometimes entral workers in our society are not recognized we found out during the pandemic that there were people who were taken for granted and we can't live without them and this just points up to me how little attention and and and credit our devoted school bus drivers are who know what to do who can are handling little fights among the kids who making sure that they're getting the kids there safe and you know I agree with what my colleague said but at the end of the day who are you comfortable putting your 15-year-old in the care of you know a ride share person somebody that's you know is a is a metro rail operator I don't know that's that's scary so we need to talk more about this because it's it is a difficult thing it's not just the mechanics of getting them there who do you trust your 15y old with so let's keep talking about it thank you you had yes so bringing up regarding the ride shares and all and the um uh you know checking out of um doing background checks and all we have in uh Sunny Isles we have the possibility of a half a block from our school in uh the not too distant future two rental buildings going up behind our public uh which would lead to further traffic um as you were saying rental properties having um unknown renters uh that would require background checks being so close to our school and all um so that's a discussion I would like to have with you in the future of how maybe we can throttle that back somehow thank you commissioner visgar did you want to say some closing words your item I just want to thank you again um for for braving our school traffic so you got a little taste of what what we're talking about uh and uh congratulations again I I really look forward to um to working with you and hopefully making a positive difference with you the most important thing from our side is we want to keep this communication going reach out to me any time uh I'm happy to come back when invited and uh you know if there's something important we'll try and get that news to you as soon as possible thank you very much before we adjourn we'll take a picture you're fine there you're good there okay meeting adjourned see everyone at 6:30