--------- engineer. So you're going to have people like me watching, reading things. >> It's actually being received. Vibrations move through dirt, through ground. It dissipates over distance, right? So our engineers are going to be interpreting that information in real time. They'll
see that information and our engineers will talk to their engineers and this it's going to have to be naturally reactive to get the data and then they make a decision on whether something needs to be done. Maybe they were working a little bit too close to the monitor at some point in time. It could be as simple as somebody walked by and
hit the monitor. I've been part of things where things have spiked, people have gotten concerned, and it turns out somebody just knocked over the monitor, right? Hit the seismograph, and there was no reason to cause alarm. These engineers are trained to be able to decipher that information and make
decisions. So, not to belabor the point, it's basically going to be up to the associations to decide whether they're going to trust the what the information, you know, of of your experts or they're going to have their own and that'll just be up to them. And that's that's how you envision
it. Well, I envision that we will have our own engineers and our own experts who will be talking with their engineers and their experts and yes, their experts may reach different conclusions and then they can share those conclusions with us and engineers can try to come up with a solution together. That's the cooperation that we're trying to create
by having an agreement like this in place. >> Okay. I mean that's those are my >> okay >> just conceptual issues and I guess at some point >> you would um I guess in those conversations I would encourage you to
>> come up with a a place of like so that it's clear to everybody when this happens I I can't you know again I don't know anything about it so it's like on a scale of 1 to 10 when something hits a five we're going to stop right and or something like that so that everybody
our our consultant ans will set a threshold that they would like as sort of the maximum level of threshold before something may have to happen. That doesn't necessarily mean stopping. It could mean there needs to be a conversation. It could mean there may be
further data in review, but but they are the ones that will set this. It's not for me to set. It's not for frankly the associations to set, right? is for people that are trained in this geotechnical engineers that have the information knowledge the training the
education right specialization for this data and frankly it's not for us to substitute you know our judgment for theirs that's what we pay them for and you know we have to rely on them >> those are those are my questions for now >> okay commissioner Joseph you had a question
>> yes so actually last month I advocated for a three-month delay the um commission uh whittleled that down to one month. We were hoping that in that month that in good faith we would have an agreement
between the developer and the residents in Armani and Ocean 2. That did not occur. >> It did not. >> Yes. So logically and understanding that if this commission
votes in the affirmative at any time before there's an agreement, logically for any logical person, you have to think there may never be an agreement. >> No. >> Well, no. Let's No one here is naive.
Okay. We know that if you get what you want tonight, there may never be an agreement that is even handed for the residents and the developer. >> We entered into an agreement on Armani at Ocean 3 months, months, maybe even a
year after the approval. I disagree with that completely. Okay. What we need in order to have an agreement, we need to have plans. We need to have a contractor involved who's going to tell us and be a big so we can explain to the neighbors how this building is going to be built. Where are the construction activities on
the site going to occur? What sequence this is the information that residents want to know. Right. And right now unfortunately no not our fault. We just are not in a position to give them that information but we plan to like good neighbors.
>> I understand. But as a commissioner and as an advocate for the residents, I know from business experience and from dealing with um qualified people for so many years in
my business that things do not occur after the fact that um you know that you would think might happen. They just never happen. So, in that regard, and also I have a concern where this uh
Miami Beach property is, you have when you come out of your driveway, you have the wall of the causeway. >> So, that is a locked two-lane street with no shoulders. If you're doing construction, if you have like we just had at the Bentley where you had rows
and rows of cement trucks, how would you ever have an emergency vehicle get through there if there's an emergency at Ocean 2 or Regalia? >> Well, typically when those long pores occur, we have to hire uh police to an offduty police officers or on duty
police officer to be there that time in the event something like that happens in order to direct traffic. >> No, I understand. But you have to have a con you have to have a constant pour during that time. >> But we still have to have safe ingress and egress out of those. >> But you have cars through that
bottleneck. How would an emergency vehicle ever get through there? If you have cement trucks on one lane and you have cars that can't go anywhere, how would a emergency vehicle ever get through? >> Well, again,
>> someone would die in that time. I'm I don't I don't think that's the case. Again, like I said, we're hearing >> Well, how would they do they the cars aren't automatically going to fly? >> We're not at the stage of flying cars yet. So, no, I agree with you on that.
>> So, how would something get through? >> That's what the police department is there for, to make sure that they can direct traffic. >> But if you have a bottleneck from 189th Street to >> Golden Gate, how would a car get through? How would a how would a an ambulance get through? in the manner
that the police department will direct them at that time. >> They first have to get there. >> No, no. I believe that we have to have them on site and typically do and that's one of the things that we put in that agreement. Just so you know, that we would have and pay for people to be out there to direct traffic to make sure
that those areas of ingress and egress are not blocked. We have made that commitment every time this developer is built in this on this in this city with the neighbors in an agreement. We've made that commitment and we stand by that. We will do that. That is something that safety, like I said, we take our absolute highest priority.
>> Okay. I have to pray to God that that an instance like that never occurs. But I have to put faith tonight in my other commissioners and the mayor to advocate for the residents to make sure that there's an agreement between the developers and the residents before this
commission passes anything. >> Um, okay. Mayor Mayor >> Commissioner uh Lama had a >> if I could just >> please go ahead. >> We discussed this at the last hearing. >> Distinct issues. >> What you have before you tonight is a
zoning site plan application. You cannot condition that approval based on an agreement dealing with construction where the building plans haven't even been made yet. It's not part it's it's a completely different analysis that does
come further. It's come further in time in every single project that's come before this commission. It literally is premature. And from a legal standpoint, you can't condition your approval of a zoning site plan application based on those issues.
>> Okay. >> Thank you. >> I have a question for the attorney. >> One second. >> Ladies and gentlemen, you you got to speak, please. >> I have a question for the attorney. So Allan, what you're saying is that
we have to pass vote on this tonight. No. And what and you know that once we let's say it's voted affirmed, the developer has no cause whatsoever to make any agreement with the with the
residents. >> They have to by law follow the Florida building code. That's the only authority you have as a city, as a regulatory body. So once you go through the zoning council, you can shake your head all you want, but it it it is. So you get to a
point where you you have a zoning application and you have a code, a specific code and specific criteria that you look at and you follow. Okay, that's for the zoning site plan application. When you get to the building plans and construction and so on and so forth,
that's where the Florida building code comes over. You have a building official and you have authority as a regulatory body under that code, but they are relegated to that code. Now, what that code's going to look like 5 years from now, we don't know, but they that's by law what they have to follow. You don't
have the authority, for example, to come in as a municipality and change that building code to require additional uh requirements. Let's say uh as an example, the pilings have to go down 50
ft more, right? If the Florida Building Code doesn't require that, you as a municipality can't impose that on them. So, your building official and you as a regulatory body are stuck with the Florida Building Code. This we saw this in 1992 when it changed
right after Hurricane Andrew. There was a big change. Used to be the South Florida Building Code, now it's the Florida Building Code. But there were significant changes in 92 after Hurricane Andrew. So to the extent that there needs to be more arduous or uh you know more strict types of construction
regulation uh that's beyond the build they're they have to build to the building code but we can't impose anything greater than that. They can volunteer as they have this extra monitoring and everything else but again my goal is to preserve your record so that whatever decision
you make is defensible. Um, and your decision tonight can't be based on construction related issues. It has to be based on the zoning application. >> So, it's just a guiding going forward. >> But I absolutely can vote.
>> You can you can do like again I I don't all I can do is counsel you and again all I'm trying to do is preserve your record. Um, you can certainly do that if you want to. Um that's certainly an option. You have three options essentially. You can
approve approve with conditions, deny or defer actions for >> Okay. Commissioner Lama had a question. >> Yeah. I wanted to know I mean uh the gentleman came up. I wanted to know if that's the entire rebuttal or if there's more rebuttals. I'd like to hear all the rebuttals first and then comment.
>> Okay. Please go ahead. >> We we'd like we'd like to wrap up very briefly if I may. So um this is I'm a lawyer. This is argument. This is not new evidence, but we're the ones who ordered a court reporter. And you know why? Because you're sitting here
tonight, and I think it's important to reframe this, and you heard it in the very beginning. You're sitting in a quasi judicial capacity. That means you're not sitting as an advocate for the residents. You're not. You're sitting effectively as a judge being
asked to weigh the competent and substantial evidence that has been presented before you on a topic that really nobody has discussed, which is whether or not this application satisfies the objective standards in your code for the approval that we seek.
Now, I listened very carefully. I took pages and pages of notes. I can read some of them, but there were two phrases that recurred. Independent review. I heard it over and over again. I'd like to emphasize the
fact that our application and our traffic has been independently reviewed by an independent peer-reviewed traffic engineer who found that our application satisfies
your code. The president of Ocean 2 used the phrase the letter of the law. You're here to apply the letter of the law. We comply with the letter of the law. Whether you like the law or not is
not the question. The law is the law. If you don't like the law, you change the law. But you're here tonight to evaluate our application and measure it against the evidence of compliance with the law that it exists today, not whether we can reach an agreement with a third party.
If you were to condition your application of the law on what a neighbor wants, then you have improperly delegated your authority to a third party. That's not their job. That's your job to look at the evidence. The
the competent and substantial evidence in this record, which includes the report by your staff and their professional peer reviews, confirms to a certainty that this application satisfies every objective standard in your code. Objective standard in your
code. Whether you like it or not, it does. On the question of traffic, everybody's got an opinion about traffic. But the important thing to note that not a lot of people know is this
jurisdiction sits within a transportation concurrency exception area. What does that mean? That means there is so much background traffic cutting through this city that we cannot attribute or denyation
based on the traffic that that one application would cause because to do so would be to deny a property owner of a vitally important property right for no fault of their own. Precious few units are being built here. Precious few. And as people all know what they want all be
occupied. the the residents of this building are not going to move the traffic needle in any meaningful way so that it could disrupt the ability to build this beautiful building that is fully compliant with all of your codes.
And then, you know, it's a bit of a cliche, but it bears mention. Justice delayed is justice denied. We We are here in full compliance with your code. This body asked us with the
with the finest legal skills there are to try to work out an agreement with our neighbors about a building that has not yet been designed to see if we could reach a good neighbor agreement. And we couldn't as of this moment. But as of
this moment, we comply with your code in the opinion of your staff, your independent staff. And for that reason, the very narrow issue before you this evening, divorced of the emotion, divorced of the cat calls and the snickering and the sneering, when you look at the clinical evidence before
you, through the lens of your decision, it's an easy decision. So, we ask for your approval tonight. My colleague Tracy is going to close very briefly. And I want to thank you all for your patience through a very long night. >> Thank you, Jason. >> Thank you, Jeff. Um, I think we've said
everything there is to say in rebuttal. I want to thank all of you for your time and your consideration. I want to thank staff. We have complied with all of their requests. We have submitted all of the analysis they have asked for. They have determined that this application is consistent with your code, consistent
with your comprehensive plan, and compatible with the pattern of development in the area. That applies to both the site plan and the TDRs. We ask for your approval this evening based on that evidence and the evidence that was presented to you in January. You received a full presentation where we
did talk about traffic structural issues that were outside of the scope of this site plan review criteria, but we did discuss them and we provided you plenty of evidence relating to the compatibility and consistency of this project with your code and the goals,
objectives, and policies of your comprehensive plan. We took the time in the last month to reach out extensively with the two condo associations that asked for it. Um, I reached out to them next day. As was said, you know, on the record here earlier, there was a little
bit of phone tag, but we did our best to make ourselves available and we have been talking to them as recently as this afternoon. Um, we are in ongoing discussions and we intend to reach settlement agreements with them at the appropriate time. Um, we understand that if we don't, we're subject to any type
of claim that they want to file in in the court of law. So there is recourse if if something does go ary whether there's an uh an agreement in place or not. And I just want to remind everybody of that everybody has rights and everybody should be able to defend their
rights. Um so with that uh we're here to answer any final questions you may have and ask you to approve this evening. Thank you. >> Okay. Commissioner Stewen, you're up. >> Okay. So my questions are basically with the
sonic application and I want to start with the appraiser report. >> Are you just so we the applicant or staff? >> Staff. >> Okay. Um >> okay so >> uh one second Mr. City Manager do you
want Amy to come up? Okay. My question will be like who gave the conditions to the appraiser of of how to come to their conclusions? >> Sure. So the city code actually
establishes how we establish costs of the TDRs because you were talking about the TDR appraisal report. Correct. >> Well, actually with the F. The $125. Yes. >> I'm sorry. >> With the F >> for the development bonuses. >> Yes. >> Correct.
We we we are basing the amount of money that they are going to be paying into for $125. Correct. >> So the the cost per participation unit of the development bonuses is established by code and the last time that was updated I believe was in 2018
by the city commission. So the city commission established that price. No, I'm talking about the appraiser of the price for the $125 of that is part of our package. >> So that's for the TDRs. Correct. >> Correct. Perfect. Yeah. Correct. You're
200 is the bonuses. Yes. >> So for the TDRs, it's established by code how the appraisal is done. >> Okay. >> And so the cost for a square foot of development rate is determined by the market value of the receiving site as determined by a current real estate appraisal. And that independent appraisal was attached to the
>> agenda. Correct. So, I have a few um comments about the the independent appraiser because it raised a few concerns. We are using the same amount of money which is $125 per
um that's it was in 2013 and 2014 even though that uh appraiser was made in 2025. Okay. So, uh it's very lengthy. I went to a lot of detail to read I don't know
80 pages or so and it came to my uh attention and I'm going to quote a few which are in page 37 and 44 and it says zoning and legal officials with city with the city of Sunas Beach previously
established parameters with regard to the selection of comparable sales meaning it has to be within the city of Sunny Arts Beach. These parameters preclude the appraiser from going
outside the city limits to search for comparable land sales because of the parameters and this is I'm quoting the appraiser the appraisers report because of the parameters city officials the that limit the scope
of work and appraisal process and the limitation of comparable sales activity. The conclusion should not and has not been considered market value as
typically defined. So again, we gave very specific conditions to go to be within the city limits and that's why the appraiser and it and it states in another part of the report on page nine
it says furthermore the the report plainly states in addition this appraisal does not provide an indication of market value. Additionally, the appraiser applied a 0%
adjustment for market conditions. Basically saying or arguing that the option front land value in South Florida didn't change in the last 11 years. So we were we are basing
that calculation on was a was um very specific manage um conditions give.
So my question is again the first one who gave these conditions to the appraisal. So per the code it's based on the market value and it's done by a certified appraiser. I'm not a certified appraiser. I can't speak to the compar
comparable sales analysis. Um, but this appraiser has been used for all of the TDR requests recently in the city. Um, so it's consistent with what has been done in the past, but I can't speak to the methods of appraisal. I'm not a certified appraiser. >> Okay. So, basically, it came now from
your office from the zoning department. So, I'm going to put on the record that I'm formally requesting a complete production of all emails and communications between city staff, city attorney, elected officials, and the appraiser regarding that report.
Additionally, I request a comprehensive calendar log of all past meetings and phone conversations related to this very specific specific appraisal process and a full and transparent accounting of the
cost, fees and expenses in by the city to commission and produce this report. That is about the appraisal report. Now I have questions. I have questions about the promisory
note and for that >> who's the question for >> well let's see who's going to be thinking that they have to answer it okay to the staff as well so about the promisory note because it's been very
long I'm going to go to the end okay so we are being asked to approve a bundle 26.7 million promisory note today which is part of The zoning is one of the conditions
knowing full well that if the bonus unit rate change in the next five years which that bonus um unit rate is not locked. It can vary and I heard I read also that the applicant will be totally fine and
okay paying whatever is the amount that it might change in the future. this promisory note will immediately become inaccurate and require a change and a modification to the principal amount. So we are legally
we we can legally or ethically bundle a floating depth which is the F bonuses with a fixed depth which is the appraised TDR into a single loan instrument. So the promisory note at its
at least it has to be separated because we are putting together TDRs and FS. So to maybe make it even more simple for the staff I say I give you a copy of what will be the
the modifications that I would like to propose to separate the promisory notes. uh I don't know who would like to speak about this and I would like to know from the uh applicant if they will have any problem separating the promisary note
and having the fs in one and then the tdrs in another one >> just very briefly again for the record Jeff past the applicant has indicated no objection to separating into multi m into two nodes >> okay perfect okay So and I would like to
hear now from the staff in regards to that >> what's the question >> the promisory notes in two one specifically for the TDRs which is to our discretion and another one for the bonuses and FS that they are as of right
according to if they comply with all the requirements >> if the city commission wants to separate them we separate them. Okay, thank you. >> That will be part of my uh modifications. And then um when it comes to that, the reason one of the reason that I'm I'm proposing that is that when
it comes to the FS and the bonuses, um the money goes allocated to very specific funds. So those are restricted funds like the beach, like beach access, etc. However, the other 15 plus million
dollars which are the TDRs which are discretionary uh they are not tied to anything. So I would like to know from the city staff what will be the uh mindset where will
be allocated those $50 million. >> Go ahead, Mr. City Manager. >> It'll be determined by the commission during our budget. >> Okay. It will be coming as a general fund basically money. >> Go ahead, Mr. City Manager.
>> It'll be discussed during the budget and however the commission wants to allocate it, it can be allocated that way. >> Well, I hope that everybody that is here will take such a good attention to also participating in the budget um discussions because that's where the
majority of the big decisions um are being made. Um and I don't know how much um the rest of the commission reads or not that budget book because it's lengthy. I happen to be an economist. So actually I like to read it. Um but then
I'm going to propose as for the TDRs that they are discretionary and in the event that they get approved to create an owners impact fund meaning that money we are not is not necessary is not being
calculated as needed for or is not tied or restricted to any fund. So the proposal will to give the money back to the community. There is roughly 4,000
homestead units here in the in Sunny Al Beach. A little bit than 4,000 as of 2025. So the recommendation will be as when the applicant give those payments that apparently are going to be in a period not less than 10 years. I'm
sorry, no more than 10 years. it can be less because you have you guys have the discretion to pay according to uh when you get your master approval and all of that uh to give back the money to the community like I said it's not part of
any other fund um there is a very weird dynamic going on here between the developers and the city and the residents and the owners of Sunny Ars Beach meaning that it is true and I'm always glad to see here former mayor
Norman Eelov because he has given us the story of how we got to where we are and why our city it is so um financially stable. Norman say hi because some people don't know who you are. Okay. So
um so it it will be the dynamic is that uh we have the city that we have thanks to the risk that many of the developers took in their time and you guys live in those beautiful buildings because of the
financial risk that they're taking. Um but we the residents and the owners we take the burden of anything and everything that has been happening afterwards meaning the traffic the dust the shade you name it. Okay. So
about that I would like to just read for the record as well that according to the staff report and when it comes to the concurrency review there it is in the report and it says the following concurrency review
article six of the city's land development regulation ensures ensures there is adequate facilities to maintain the level of service standards for water,
sewer, drainage, solid waste, parks, public schools, and transportation that exist or are planning to exist when necessary to serve the development. This is on the record. This is the recommendation of the city staff that
all of the above exist or are going to exist once it's ready. the this development. I just want to put all this uh in perspective because we are going to be um making the
decision based on all this information and like I said it happened to be that I like to read so I go to the details in all these things. So that's what I am proposing to create an owner's impact fund that is going to give back to the
community that they are the ones suffering the burden of the traffic of the chade etc. and that the money of the TDRs is going to be back to the people >> about $3500. >> Just $3,500. Well,
>> just one just one note though, a caveat to what the city manager said though, per your code, you'd have to change your code for that though because your code directs that money to your CPI fund. >> So that TDR money goes to your CPI fund. >> Well, which was the the first question I asked if it was tied to something. >> Yeah. So it's tied to your CPI fund. So
you'd have to change your code to accommodate that. >> Okay. So once we if once we um separate the promisory notes with FS and TDRs um the TDRs can be then uh be part of this
impact fund once we bring the language necessary to change it in the code because as of right now which was to my point uh we are the ones suffering the burden the developers are the one taking the financial risk
and then all the um good publicity about the $300,000 winter lights and the $300,000 barbecue for the city etc. is all because of the city not because of the
money that is bringing being brought to the city by our taxes and by the risk of the developers. So I just trying to make a little bit more clear where the money is coming and where is it going and the TDRs I would like and that is something that maybe even you Jerry would like to
be on board if it's going to be back to the community the $50 million. Okay. So this is my comments for now. >> Okay. >> Okay. >> Commissioner Lama. >> Yes.
Okay. So, back to the beginning. Um, I would love for both parties or the three parties to come to an agreement. And, um, I know you're in discussion. So, I would like to know from the applicant,
what were some of the objections or apprehensions from, you know, the uh the adjacent buildings as far as the good neighbor uh agreement? Can I hear some of that, please? Michael Thomas again. Um, some of the
apprehensions. One, I think first off, it's a still just a little bit premature at present, right? We need a little bit more input from obviously the neighbors, from our general contractor, complete the design of the building, right? So we
can give them a more accurate description and view promises that we can make is be schedule ingress egress where the construction activities are going to be held on the site. Um
there was a requests in there that we think present a very possibly a challenge that we cannot overcome with respect to insurance coverage which is important. We need to make sure we have adequate insurance. We can't do
anything in this agreement that would jeopardize that coverage. >> What was the specific ask? making certain commitments by us to perform repairs immediately presents a problem for us in that
regard. We are going to have adequate insurance for this project that provide coverage in the event of some type of minor damage to a neighboring building or to a car or something like that. But when an insured makes promises in advance and then tries to ensure those promises that becomes a problem. So we
can't in good conscious and you know fiduciary obligations that we have to the company take those types of risks. Um there's also some concerns about the extent of the indemnifications that they were acting asking of us with respect to
any and all financial losses that they may incur. Um but I think primarily oh and and largely also to the continuing let's say request by one for approval rights over
everything that occurs on our property, right? We understand and are sympathetic that these residents have property rights. We get that. So do we. We need to build this building, build it safely. We're going to do it in a in in a manner that causes the least amount of
disruption to the neighbors and we're going to make commitments that are reasonable. And I would go back to say with respect to safety again had either one of those buildings accepted the safety protocol proposed given my experience how many of these types of agreements that I've been dealt with on
my on in sunny Isles it would have been the most robust safety program ever committed to be performed by a developer for any of these buildings. and we stand by that commitment we're going to have and and continue to make that offer, you know, available to them
for their acceptance on reasonable terms. Those are some problems. Do I think that these problems, these issues that were raised can be overcome? Of course, if we have a reasonable counterpart, I think that it's very easy to overcome. But we're committed to working with them in good faith and
we'll continue to do so even post approval. Also regarding the um obviously the the vibration and the drilling and everything >> when it comes to monitoring this and having a stop work order because
obviously the the monitors are going off right. >> Mhm. I wanted to understand what were well first of all I wanted to understand if you have experienced this in the past with other um developments
and um and I wanted to know just to give me I know that you cannot give me specific specific uh examples but if you could give me some idea how this works right >> sure >> uh I understand that um vice mayor
Viscara asked you a question and try to understand the process but I don't know I mean I I I come from a land of earthquakes right um and do you go above uh 3.0 zero on the RTOR scale. I mean,
what how does it happen? >> Well, it depends, right? So, these will obviously be determined by the geotechnical engineers that install them, right? >> And there's a lot of factors that go into play, the age of the building next door, um the distance setback from the
building, the type of construction, was it a concrete building or was it built of some other type of material, CMU block, etc. So, there's a various things that will go into that. So it could I could envision a situation where there could be one threshold on one side and then one threshold another. I could
vision it being two very conservative thresholds, minimum thresholds which then if it it were activity were to hit that threshold again it would require then the you know this geotech engineer to either get involved to monitor to see what what kind of construction activity
was going on. Was it as simple as, for example, if these monitors were being installed on the neighboring buildings? Was it something that happened on on that building? Did somebody run into the seismograph? Were there people that were walking by it at that point in time? These things happen. Not every spike,
not everything that's recorded by these by these seismographs are connected to construction of the neighboring building. Right? The the the important point here is that these engineers are going to be monitoring this and they get this information in real time as things
are occurring so that they can make decisions immediately and that information is transmitted to the construction people that are on the site. >> Okay. And then regarding subsidance, um so I understand that I believe the Armani Casa
was monitored for two years, right? Um, >> not to my knowledge. >> Huh? >> Not to my knowledge. >> Well, no. I I I'm I'm stating this because I had spoken to Arthur, so Arthur Gallagher about it. I believe that's what he stated. >> So, >> can you clarify what that means? I don't
understand. >> Subsidance when when there's >> Oh, that's what it was. >> Yeah. Yeah. Yeah. Yeah. So, to monitor that. >> Okay. And um obviously you know once the association takes over that that is not monitored anymore but it will be
interesting to know how long you're going to monitor for that and if you're going to be monitoring in real time and understand how that technology works. Um and if it could be I I would like to see
it being monitored for longer than than two years. I don't know what your plan is at this moment, you know, and um I don't know if that's going to be part of the uh good neighbor agreement from a city standpoint. I would like to
see it being monitored obviously given the unfortunate circumstances that happened in in in Surfside. Not not to say that, you know, it it came down because of because of that. I think there was other issues involved but you know I think we need to be diligent and we need to be aware
>> and cognizant and and be responsible and and and monitor for that probably way beyond the two years that the Armani Casa were monitored. >> I would think Armani Casa had requested that the settlement monitoring occurred throughout the course of construction
and then for a period of two years after that that was something that was >> correct. that I don't know exactly, but but I think that that that could be extended. That's something that I would personally like to um request and include. And um I know that right now
we're only talking about the site plan. There's no there's nothing um construction hasn't begun. There's no there's no actually engineering uh plans or etc. But you know, something that I I
would like to discuss right now. So there is an understanding about that. Uh I see some gentlemen got up. Uh are we having we have some experts here? >> This is John John Paul Perez from the group. He would like to speak. Please go ahead. >> Just because the issue of safety has
been raised. It was important for Mr. Perez to just speak to you very briefly because it is his name and reputation. >> Thank you. Please go ahead Mr. Perez. >> Good evening everyone and then you know thank you for here. It's been a long night and John Paul Perez, president and CEO of Related Group. Uh it's it's a
firm my father started 46 years ago. Um we're all about legacy, right? This is uh and investing in communities. So we don't we don't look at just project by project. We look at communities where we're building. We always work with our
neighbors. You we have a 46 year track record of working with our neighbors and making sure to do the right thing. This is going to be another example of us doing that. So, and on top of that, there's a lot of risk. That is what we take. We take that risk for the city,
right? So, safety is our number one concern. So, we would never do something that is unsafe to the residents of the communities that we build in. We hire the best consultants in the world to put together the plans,
the contractor, means and method to develop complex buildings like this. So, we have done this before for 46 years. We built over 100,000 units. We've been developing in Sunny Isles since in the late 1990s with actually Gil Desert, the
Desert family. So, this is another case of us. We are going to do the right thing. We are going to be safe. We have integrity. We're honest people. And and and we're going to work together. We're going to work with you. We're going to work with our neighbors again. And it's funny because we have a lot of people here speaking that are living in our
buildings. If we weren't allowed to build these buildings, they wouldn't be living here, right? So, we're here to add to the add to the community, bring another amazing, beautiful building, and do it right. So, thank you again. And if you have more questions for me, I'm I'm
happy to answer. >> Thank you. Thank you. Um, Commissioner Lama. >> Yeah. So, also the the one of the um adjacent neighbors talked about a an escro fund of $50 million. Um, another neighbor, you know, I mean, what
I'd like to see is to see this this conversation continue. And now for all parties to be reasonable. I wasn't privy. I mean, I was not there at the meetings. uh did not witness the or or heard the conversations, but I was
just a little bit surprised when I hear that it took two weeks to to to meet when you know that there's a month, you only have one month. So I I was a little bit surprised to be honest with you when when I heard that there was like phone
two weeks. I don't know the reasons, but this is an urgent matter and um I was just a little surprised to be honest with you. So to move forward, I would like to see some more sense of urgency, you know, not to say that not everybody
had had that sense of urgency, but but yeah, I mean, I don't think it's reasonable to wait two weeks to meet. >> Look, you you know, you have our word, you have my word, our family's word that we will get to an agreement with our neighbors, but again, we're we're
talking about site plan approval, right? We're building in Bell Harbor right now where we have to go two levels underground. neighbors on both sides. We came to an agreement with both neighbors, right? But we did we never had those discussions at this point in time because again, we don't have
>> we don't have the detailed plans to sit intelligently with them and and show them with our contractor in tow showing exactly how we're going to build this building and why we're doing it the safest possible way. So in order to have those intelligent conversations and be
able to cooperate and come to a fair agreement, we need to be further along in the process in order to have those. And again, coordinating schedule sometimes can be a little bit difficult, but I telling you, we we are on top of it. We have we have a whole team that is
going to be there to make sure that this gets done. Now, I mean, can there be some sort of letter of intent that an agreement will be signed between all parties? Because I mean, we could leave today with an
approval and then what happens afterwards, >> we still have to get a building permit. So, I I I think he said it earlier. >> Mr. City Attorney, can you please clarify for the >> different You can't condition you can't require >> that at this point. Uh but certainly to
Mr. Spurs point, they have to apply for building permits and that's when you know they're going to have building plans. Those are things that a building official again they're relegated to the Florida building code which is pretty stringent. Um but those are issues that
will be dealt with then uh you can't make that as a condition of approval. >> No, I understand that. But I don't think our building department can make an agreement as a condition of their approval. They're not going to be involved in that. They're going to be
involved in in in enforcing the the building code, >> right? >> Um it's it's just in simply not in your code. And >> as was stated before and we stated last month, >> yeah, >> you have to follow the essential requirements of the law, which is your
code. >> I understand that. Yeah. >> And to the extent that you want to change your code, to the extent you can change your code, that's what you need to do. But as the they they've gone ahead and invested and um again I'm I'm not arguing for them. What I'm trying to
do is with your record that you have a certain code in place and they rely on that code and not just them but any builder in the city relies on that code and if they have to check off all the boxes they check off the boxes. Now, there are certain things obviously in your code that um in the memo I sent you
that you can consider as you go through as you deliberate um but certainly uh that the code really got that's your essential requirements of the law and that's what you have to follow and the things you're raising now although perfectly valid are simply not in your code for this particular process.
>> I understand that. Yeah. >> Unfortunately. >> Okay. Do you have any other questions? Um yeah, one more question. So the TDRs, they they were obviously um they're what's in our code right now presently, whether we like them how
they've been, let's say, appraised or the formula we're using or not, right? I mean, that's what it's stated in our code at this moment, >> right? your your code sets the procedure. Obviously, as as Miss Canela said, uh at some point we you have no
qualified appraisers on your staff. So, as we do with traffic engineers or anything else, we require independent folks that we hire to do those assessments for us. So, to you know, as with any discipline, you have to rely on the professionals you employ, whether
they work for the city or they're retained as a third party. But as Commissioner Sufan has stated, I believe the applicant has committed to the extent because one of the things we want to do presuming SB80
allows us to is to re-evaluate that formula and if those rates go up then it's something that the developer is committed to abide by. >> Got it. Yeah. >> Okay. No further questions. >> Okay. >> I just
>> uh wait one second. Let vice mayor speak. >> Thank you. Because I I only asked the my question on on the one thing that was brought up, but I was taking notes as as um the residents were speaking. So I >> I I don't know to whom these questions
will be >> to the applicant. >> It is to the applicant, but I don't know of you guys like who who's going to answer. But um I just wanted to go through the points that the um that the um residents brought up and I had in my conversations with the applicant actually talked about the expansion of
the sidewalk. Uh and uh I've been told that that's something that that will be implemented. Um and with regards to the the shared parking, it it's eight spaces. I I understand
that that because the restaurant is going to be for the private use and so you're not expecting those spots necessarily to that that overlap is not a whole lot. Is it possible so that we're not asking for um for any exceptions to anything? Is it possible
to to like find those eight spots somewhere? Can we add stackers or can we redraw lines or anything along those lines or add tandem? I don't know. >> Yeah, we can take a look at that and try
to determine if that's possible between now and building permit. >> Yeah, just Yeah, I'm just asking to to consider that. Now with regards to the um to the issues raised by by um by the residents, one of them was that traffic
trucks would not be able to turn in directly. Uh who can answer that? If is that accurate? >> The site plan provides two driveways. There's a service entrance which is at the southernmost portion of the property
and that follows the south property line back to the garage entrance and loading areas. So that will be marked for the trucks um so that they don't stage in the roadway so that they're not conflicting with the residential traffic.
>> Residents will have a separate driveway entrance and it will be separated slightly to the north of of the loading and and Understood. But that's not the question. The question is whether a garbage truck will be able to make the turn or is it going to be one of those
where they go in, they have to back out and then straighten out. >> The We have run all of the auto turn scenarios and our analysis shows that the trucks both fire trucks and garbage trucks can access the site properly >> in one go.
>> Yes. and uh and and we have worked with waste management already to make sure that our site plan works for their trucks specifically because they will be our service provider. Okay. Uh let's see what else do we have here. Uh let's see. The sidewalk was brought
up. Um let me see. Okay. Uh, one of the speakers, uh, Sonia said that, uh, the two buildings are are differently impacted. Um, I don't know if you can speak to that. Do you do you understand?
>> I don't if I were to assume uh, I would say that it would be because the age of the building is different. So, the construction criteria that went into the engineering of the two buildings may be different, but I have no way of knowing and I don't think anybody does unless
they review the building permits. >> Okay. One of the uh residents also said that um he believes that this this will increase our our property values um because you you would be adding uh you like a a nice building at some
point. Um let's see and uh somebody also brought up the uh the question of where is the the the benefit right where where we're doing this this transference of the TDRs uh and if I'm I I'm not I prefer if
somebody you know who's better versed in this than I am would explain it but like when we sell the air rights All right. Can can you explain that costbenefit analysis? >> Yes. So the criteria that he was
referencing was for a totally different municipality in a totally different state. He was discussing Manhattan in New York City um which has a different set of rules and development standards and considerations. This is very different. Um your code creates two sets
of benefits by a project. Uh the bonuses are all geared towards specific public benefits. Those include beach access, streetscape enhancements, public open space, and parking, as well as educational and cultural bonuses that
are all paid for with money that goes towards those specific improvements um or improvements need to be physically made um by the developer in order to achieve those bonuses, which we have done. Um there so there's a physical
value to it and creating this ocean spa oceanfront open space for example or an enhanced streetscape but then there's also a financial benefit to the city in in this case in the tune of approximately $14.4 $4 million. And then
for the TDRs, there is, as the city manager mentioned earlier, a fund uh or there potentially could be a fund, but today it's tied to your budget. And these monies are collected by the city and then allocated in your budget
process to the places where you as a commission identify that the city needs it most. So the public benefit comes to you in a monetary form upfront and then it is allocated to actual benefits in the future. >> And and I would I would add to that and
and just this is how I view it. Uh it's it's already being given back to the community. Uh not not directly to each to you know in your bank account but you get it back in service, right? Everybody here prays the police that that's fall
from the sky. that's funded uh you know all their equipment and our drone program which is state-of-the-art that's a benefit to the community that that is coming out of out of those monies right all our programming are the holiday lights you know our parks the the
concerts the all those things that's that's how we give it back to the community that's that's what happens and I feel that that's how how we give it I don't think we need a separate fund I think that's how it benefits It's everyone and it's not to particular people in particular buildings to
everybody you know through the budget. Okay. And that's that's all and those were all my questions. Thank you. >> I think Amy wanted to follow up with an answer. >> I just want to add something about the TDR benefit. The purpose of the TDR program is preservation and enhancement of open space. So the purchase is from the city's public TDR bank account. And
so all of the rights that are in that bank account are because properties have been dedicated to the city for parks and open space and conservation land. So that's how this bank was established and that's what they're pulling from. So that benefit has already been dedicated to the city. >> Thank you.
>> Okay. Commissioner Joseph, you wanted to add you had a question. >> Is your microphone's not on? >> Had a question regarding the dewatering. Has someone um had experience with dewatering previously that can answer that question?
Why not? What can I What can I answer for? >> You're the attorney. You're not an engineer. >> I'm not an engineer, but I've been part of plenty of dewatering >> discussions. That's what I've done. >> Okay. So, what is the last building that you've had experience with dewatering occurring?
>> The last building that I've had experience with dewatering? I mean, I think about every building that I've had experience with has had some type of dewatering that's had to occur around the foundation. What's your particular concern? >> Well, that affects the buildings, the adjacent buildings.
>> Uh, well, I'm not aware uh of any issue that's in Miami, city of Sunny is anywhere in the frankly South Florida where there's been a documented record of their dewatering having an effect on a neighboring structure. Okay. But this
again kind of dubtales back into the safety program that we said that we would put in place. >> So you're aware that the water level in the limestone affects the stability of the limestone. >> I'm I'm not an engineer. I am I'm a lawyer by trade unfortunately. >> That's what I said previously.
>> Yeah. And you quite correct, sir. Um but I do hire a lot of engineers and they do tell me a lot about this type of thing and we've had experience with this. But again, I I think the the point that Mr. Perez made is the right point that when
this project is fully >> engineer so we don't have anyone that can answer this question. Um >> if you're asking for a technical engineering question then I mean I don't have anybody here to answer that particular question if but
I'm not sure exactly what your question is. Well, I'm I'm talking about the stability of the adjacent buildings during the dewatering process. >> Um, if I may, Madame Mayor, that that is all part of our engineering
considerations that would be part of the construction docu engineering that would be done prior to the issuance of the building permit. The dewatering criteria is not part of your city code site plan criteria for approval. It's
not something that's identified at this point in time as part of the development concept. It's something that has to be addressed prior to the issuance of a building permit. >> No, I understand. But these are issues that have come up in recent years that
were not even considered five years ago. So there is a responsibility of the developer to plan for cracks in the limestone or deficiencies
or occur when the water is removed >> that is not anticipated >> to the protection of the neighboring buildings. >> Absolutely. and and it is our responsibility as a developer and a
property owner to ensure that the impacts of the development are contained within our property. That includes storm water, that includes, you know, lighting, that includes a a lot of a lot of factors, and that's governed in part by your code, in part by the Florida
Building Code, and in part by the Florida Fire Code as well. Um, so and and DURM, South Florida Water Management District, Florida Department of Environmental Protection, there are layers upon layers upon layers of regulation that apply to the design and
construction of the building once the site plan is approved and the project goes into the pre-construction phase. >> Yes. But once you're allowed to move forward, there's no chance. This is the only time that the commission has any
power to defer this hearing in order that you can make come to your agreement with the residents. >> With all due respect, dewatering is not a factor of sight plan consideration. said, "No, I'm talking about >> what you're what you're talking ordering
regarding >> the the stability of the neighboring buildings regarding if there's an if there becomes an issue with the limestone." >> Again, all of that is part of the building permit design process and cannot be answered at this time. That's
going to be way after this fact >> as is done with every single building that has ever been approved by this commission and every commission in South Florida, state of Florida and in the United States. Right. >> But what I was saying, >> unfortunately, there's things that cannot be determined at this stage of
the process. See, as engineering changes, as as more information is is brought to light as to what you know, what can occur, what deficiencies
can develop, you have to work with that your modify how you deal with these um you know, and make uh considerations for what might occur. I'll be super brief, but I think it's incumbent upon me as the lawyer to advise there's a
difference between power and authority. The power that you're seeking to exercise to make us address these things now is beyond your authority under your code for consideration today. And so again, we're here to police that the
decision you make is based on your authority as a site plan review application and the requirement that we address dewatering now is beyond a legitimate scope of the authority that you have under your code this evening.
>> For for for me, I'm saying that in my opinion tonight, this project is not ready for approval. >> Okay. Um, >> and I would I would be asking for a deferral. >> All right. Thank you. All right. Are there any more comments?
>> Yeah, I'd like to um to to ask a question of Amy, >> please. Um, Amy, if you don't mind, please. >> So, I think it's something we haven't discussed. Um maybe we discussed in the previous um commission meeting, but I
wanted to understand how many dwelling units can the applicant build without the TDRs. Um so without the TDRs the number of units which is the base >> the base yeah >> plus the bonuses
>> would be a max of 80 units per acre and that is 160 units. >> Okay. Okay. >> Which is more than what they are proposing >> which is more. Okay. Now with the TDRs they are building 145 dwelling units. Right.
Without the TDRs we're talking about a total of 43,000 square feet. which would be their their base, right? Or their base, let's say. And we're talking about 124,000 TDRs,
which will bring us to a total, as the application stands right now, 400 524,000 um square feet. Correct. >> Correct. >> Okay. All right. So, BA basically they're
building they're building less units, but they're bigger in square footage. >> That's correct. That's >> and and they're they're um common areas would be bigger, too, >> because they're applying some of those TDRs to the common areas as well.
>> That's right. The floor area encompasses all >> Okay. >> uh condition space. So, it includes like amenities, lobbies, gyms, corridors, things like that. Yes. >> Okay. Now, let's say we don't we do not give the
applicant the TDRs. They're discretionary. I mean, what guarantees us as a body, as a city, that they would not build the 160 dwelling units, you know? I mean, it's it I mean, we're
talking a lot. We're going back and forth a lot. I think my main concern is the the safety, right? When they're building the the the structure. >> Thank you, Amy. >> Um, thank you, Amy. Yeah, my main concern is the safety. I want to make
sure that there's an agreement between all the parties, the adjacent buildings, and that when we construct this, you know, I'm concerned about the watering, drilling, vibration, monitoring of this. Obviously, I'm concerned about the
ingress and egress of emergency vehicles, but I think those must be addressed when we move to the like there's a second phase with the construction phase and we talk to our building department. >> Um, >> the building department
>> I'm concerned that >> what >> we don't talk to the building department. >> Well, when the staff talks to Well, now we we will >> I was >> No. Well, we direct sta we direct the city manager. If let me just say one thing. I was at um a resident's house a
few weeks ago that I've been working with for years. He had bought a property and it was um not up to code when it was sold to him by the developer. I He had it all redone, put in hundreds of thousands of dollars to have it brought
up to code. And I was there. He had an inspection on the windows. The inspector came in and uh was looking at the window and it said a certain size on the window on a sticker and he didn't
he read it incorrectly and it was that this window was rated up to a certain size not that it was the size of that particular window that was installed. So he wasn't passing the windows because he was reading the sticker incorrectly.
>> Well, okay. That's all. Can we just stick to anyone? But going back to the issue, I think I got a call from the city manager >> saying I couldn't be there because I was interfering >> and I had to leave in order for the inspection to go through.
>> Okay. Okay. Understood. >> Apparently, we have no right to have any interaction with the building department. >> Well, per charter, we we we we direct everything through through the city manager. >> We're not allowed to direct the city staff. Correct. Um >> directly. Yes. So, Go going going back
to my point is that, >> you know, we we could take away the TDRs. I mean, this is this is the question, right? We could take away the TDRs. They could still build 160 units. They'll be smaller, you know, but you'll you'll still have the same you you'll
even have more dwelling units in that building. >> Now, let me ask you, with the TDRs, can they still? >> No, we're doing one at a time. Please, >> what if they come back and they visionary? Jerry, let let me finish. >> You're not recognized right now. >> Let me finish.
>> So, the the the issue here is that my main concern is that when they do when they start building this building, whatever size it is, I just want to make sure that the adjacent buildings are safe, they're not impacted by the
drilling, that the monitoring that needs to to to be in place is in place. And that also, and I know this is out of the scope, but also our building department is privy to those um reports, vibration reports,
etc. So, we could ensure the safety of of the residents. Okay. And um I would like to see an agreement happen between them. Obviously, that's between them. It is I mean they could be talking for
three years and not come to an agreement but they do need to come to an agreement. I don't know how we could you know further promote that if they could sign some sort of le letter of intent that they are going to come to an agreement but I think both parties well all three parties need to be reasonable
and they need to you know be as uh you know diligent as possible to come to an agreement in regards to that. >> May May I answer one thing? >> Go ahead. >> Okay. >> Well ask her. >> Yes. May I answer?
>> You can speak now. >> So I I would like to clarify for you because um but in order to do that I have to ask a question of Stan. >> Stan, may I ask you a question regarding the building department? >> Go ahead, Mr. City Manager. >> Sure.
>> Okay. So Florida code building code is that who is that to protect? Is that to protect the homeowner or is it to protect the building department that a structure is built to city,
county, and state code? >> Go ahead. >> I I didn't write it, so I I couldn't tell you. >> Where's the >> I can tell you that it's not to protect the homeowner. Okay. So when when Alex when you were
saying that the building department is going to look to protect the property rights of the residents, that's not true. After this leaves tonight, there is nothing that the city can do to
protect the residents. Again, we have a building permit process that is very vigorous and >> it's a separate it's every building in this city has been built pursuant to the applicable building codes which are controlled by the state of Florida and
to some extent very limited extent by the county. Um it's not easy to get a building permit for a structure this size and there's a lot involved in it and there's a lot of disciplines involved. So yes, the the building department is heavily involved
with regards to and your building official who has autonomy um to ensure that the building code is followed to the letter. >> Yes. But not to the protection of the residents.
>> We don't dictate that. The state of Florida and the county dictate that. You don't have independent authority to dictate what the building code is. >> I'm not looking to do that. >> Okay. And it's not even part of this >> fact. >> All right. >> Please go ahead. >> I have an offer. >> Sure. Thank you. >> I think it's the time of the night where
we could we could use that. We are going to voluntarily profer the vibration monitor the vibration monitoring that my colleague Mr. Thomas highlighted before. Um so that you can impose that voluntarily upon us as a
condition of a site plan approval. Whether we reach an agreement or not, we are we are profering that as a condition. Should there be a will of this body to accept that condition, I'll have Mr. Thomas will read it. There's a court reporter here. And those can be conditions of approval that whether we
reach an agreement or not, we are committed to do the vibration monitoring as outlined by Mr. Thomas both on their side, you know, on both on both sides as well as our own. >> Mr. city attorney. Is that something that could be added to this? >> They're volunteering it. Uh again, if if
you can't require it of them, but if they're volunteering it, they certainly can. You know, we we'd have to put that obviously. >> And I would just say we would need their consent both part if they were going to allow us to put >> right. You'd have to put it on their property, of course. >> But to that extent, since they're volunteering, um you could certainly put
that. I mean, again, you can't impose that on them, but if they're volunteering it. >> Sure. All right. >> Sure. Commissioner Lar, are you done? >> Yeah, I'm done. >> All right. Let me just have Commissioner Joseph finish. Are you finished? >> Yes. I would just like to say that um
>> not really finished. >> Not to be naive, but I just would like to have the two parties have at least another month to work through the issues and then have this come back to us. >> Okay. Commissioner Stuison, did you want
to add anything? Well, we're g this is the final. We're going to take a vote on >> We're going to take a vote before your comments or you don't have any comment? >> I'm asking you. It's your turn. You're being recognized. >> Okay. So, you don't have any comment because they make a massive investment
on getting you elected. >> Okay. >> Commissioner Stuen, >> it is your turn to speak. Otherwise, I'm giving the floor to Vice Mayor. >> That's right. >> Okay. Hey, I have comments to make after your comments or you don't have any comments. >> Go ahead. You are you are being
recognized right now. >> Okay. So, you don't have anything to say. >> You are being recognized right now >> because of the party that they did to you two weeks ago. >> You are being recognized right now. >> Or the free office they give you. >> Commissioners, can we stay on topic, please? >> Okay, sir.
>> Okay. Okay. >> Okay. This is a quasi judicial hearing. >> Okay. >> On a site plan application. >> And I do have other comments. I'm I'm desperately trying to protect your record and protect whatever decision you make this evening. >> Thank you. >> Please stay on topic. >> Thank you.
>> Well, this has to be because maybe the vote of the mayor is compromised. So, I want to make sure that on the record she is that's not the case. City attorney. Okay. No, I don't have my comments yet. Ready? >> All right.
>> I may Sorry, I have something else now. >> Okay. >> So, thank you very much. you profer to to monitor vibration whether you reach an agreement or not. Will that include um subsidance too? >> Yeah. Okay. >> For how long?
>> For for the record, the answer was yes. Um I I I will need a moment to confer before I answer your question about for how long. >> Yeah, please. >> Yes. To that to the question from the >> All right. I'd rather us not be I'd
really I'm going to say yelling out. Okay. >> The question that was asked was whether they would share the data. >> Thank you, Vice Mayor. >> Uh we will monitor obviously throughout the uh entirety of the construction process.
>> Sorry, one more thing. >> This just seems like a very haphazard way of doing things. >> All right. This is this is uh Commissioner Lama. Did you have another question? >> Could we do a year after construction has ended? >> I mean I'm I'm trying to be sure
>> better safe than sorry to be honest with you. Yes. >> Okay. So um I appreciate your questions uh because I had similar similar things in my mind but you gave me the numbers to attach to it. So, uh,
as I see it, remember that this is supposed to be a very narrow conversation, right? And I I feel that we're in a pick your poison, uh, situation. >> So, either we go with what they're asking more or less with the adjustments
that we're making, which is 16, I'm sorry, 145 units. The building can be just as tall. It's just going to be a matter of, you know, it's it would be narrower because it would be less if we don't if we don't give the um the extras, right? So, you can have 145
units that are not dense or in order to make up their money, they can follow, you know, not get any extras and then you get 160 units with more people just smaller. So those are those are that's a
summary of the options, right? So um I just wanted to to put that out there because it's it's not uh the and I think that's been repeated here. Everybody understands
like turning it into a green park is is not it's not on the table. So it's what is going to get built and the two basic options is that what what they're asking for which is has extras according to the code that we didn't make that was
uh and or we force them to to stay within the code and we lose out as a city on on that financial benefit that we would get plus you get more people more cars. That's that's the other side. It's
smaller building, but you can get more units, more cars, and the city doesn't get the benefit of of of that transaction, which we would then give back to you in service. So, that's the two poisons, right? I would prefer a green park, but that's not on the table.
Okay. >> All right. So, before Okay. Commissioner Stevenson, do you have something to add? >> Yeah. to EC Jerry's points. Section five of the resolution says authorization of city manager. The city manager is hereby
authorized to do all things necessary to effectuate this resolution. Clearly that is a very open given. So I have a few comments about that. Condition number four says of the
declaration of restrictive covenant, the applicant must submit a declaration of restrictive covenant for vital elements like the beach access assess ement park
ement and sharing park spaces. However, the resolution like it says states that it must be and I'm quoting now in recordable form acceptable to the planning and zoning department and
acceptable to the city attorney meaning it would not even come the the the commission will not even be informed about all these vital elements. Also condition number 12 says it governs the demolition construction
staging and traffic management plan which dictates lane closures, sidewalk closures and construction safeguard. It is said here in the conditions that the and I'm quoting the staging plan
shall be approved administratively by the city manager or designate against not even informing the commission or you guys. Condition number 13 and condition number 14 regarding the consultant's
comments on vehicle and site issues. The resolution states the city manager or his designate shall review and provide additional comments if necessary. Then condition number 18 says the applicant's request to install murals on the
construction fence and is to be approved by the city manager or designate. Same with condition 21. The applicant is required to underground utility lines and install pavers consistent with calling an avenue sidewalk plan. Again,
consistent is not even defined. Condition number 22. The city manager is given unilateral authority to hire outside consultants to review the application quoting as the manager shall deem
reasonable necessary. Condition number 23. To pay for the aforementioned consultants, the applicant must deposit funds into an escro account. Quoting out in an amount to be determined by the city manager based on his or her
evaluation. Condition number 24. This is perhaps the most egregious one. To ensure the applicant performs the required public improvements, they must furnish a bond. However, the
resolution state the bond will be quoting in an amount determined by the building official. Furthermore, it states, "As improvements are made, the city within its discretion
may reduce or eliminate the bond amount." So, over and over, even though our city manager is being very quiet tonight, almost everything is going to be on his
hands from now on. So I'm making um um I'm proposing in in in which is going to be part of the conditions um that section five gets re rewritten as follows
authorizing the city manager and mandatory reporting. The city manager is hereby authorized to do all things necessary to effectuate this resolution. However, the city manager shall res be strictly required to provide a
comprehensive written monthly status to the city and the public detailing any and all actions, determinations, consultant hirings, escro mounts, adjustment, performant bone valuation,
traffic staying approvals and restrictive covenant negotiations undertaken by the administration pursuant to this resolution. No final determinations regarding performance bond traffic staying or restrictive covenant shall be executed without prior
presentation to the city commission on the public record. Meaning that the authority is still in his hands as our code apparently says, but at least it will be transparent. We will be informed and the public will be informed
>> with no recalls. No recourse. Okay. >> Um, >> no recourse. >> To get clarification, are you asking for this to be included in the approval? >> When we are ready to make a motion, I'll be making a motion with conditions.
>> Okay. Before that even happens, Mr. City Attorney, can you clarify if that's something we can do? If you all want to check I it's kind of hard to understand exactly what is being asked. >> You have it written there. So if you want to read with more details I I gave
you a copy so you can if you want. >> I haven't read because we got them right before the meeting. So I haven't read them. So >> this is the email that you sent before the meeting? >> Yeah, it was sent by the city cler >> but it was literally before the meeting. >> Yeah, like when before we've been giving things before the meeting to vote on.
>> But when did you write that? I gave it to the city cler today. >> But when did you finish writing it? >> Today. >> Okay. >> Which one are you referring to? >> The one about the staff report. >> The memo says comment regarding the I'm
sorry, the TDR appraiser for Miami Beach Club. We need a recess. We can take a recess. >> Well, you all have I'm not deciding. You are the ones that decide if you want that language change. I I do not >> I don't I can't I have no idea even what we're talking about opportunity to read.
>> So So you need more time to read it. >> So we'll have a deferral. >> No, we're not going to do that. You can't just give me something to read before a meeting in order to go ahead. >> Uh I wouldn't do anything different with this project than I've done with any of the other projects in terms of my
reporting over the past 13 years. >> Okay. Okay. So is everyone done? Yes. >> Yes. All right. >> We haven't heard your comments. >> Thank you. So, we've been here for over
three hours and I want to say first of all um thank you to everyone and their patience and those that stayed. I know a lot of people have left. >> I'll end that one. >> I um would love it if this many people came every commission meeting. Um what ends up happening is is that people show
up when it affects them directly. Um, in fact, that's how I actually got involved in the city. It was a building that I opposed. Um, I heard a lot of comments that I agree with. Um, because I felt them personally. I grew up here. I moved here actually in 1987
before the city was incorporated. And, uh, it's interesting that we have, you know, two of our founding fathers here, um, who were, you know, good or bad, have been very responsible for that skyline. And so
when I would come back to visit after I moved to New York, uh I was that person that would, you know, sit on the balcony at Winston Towers visiting my parents and say how horrible it is, what's happening to the city and this is terrible and there's no sun and now you there's no view from Winston Towers and
what's going to happen here and it's just not the same place. But then I moved here. Why did I move here with my family um when I was pregnant with my third child? because it became a city that was much much better to live in than Manhattan. Uh because you had
everything. And with every passing year, I still do complain, you know, to various people. I can't believe that the skyline looks the way that it does, but at the same time, I get that benefit as we all do. Um when the Armani was being
built, it was the same thing. Um so I get it. I get that it's not fun and that it's growing pains and nobody wants to have anything next to them. I have a house in Golden Shores. Commissioner Joseph lives in Golden Shores as well.
For a long time there was only empty lots next to me. Um and that was great >> and we have a connection to the east side. So, uh, one of the empty lots finally got built, uh, to the point where it has completely covered my son
and it's feels like it's encroaching on my land, but it's to code and, you know, ultimately it's this isn't about what we personally want. This is about us making a decision based on our own code um, and
what we can legally do. I like the fact that we um spend so much time having this conversation. I feel very confident that the people sitting on this side, the developers are committed to doing whatever it is that needs to be done
because after all the years that I've been sitting here, I have never seen this level of cooperation. But I think a lot of it has to do with you all because you've been committed to also showing up and and participating. Um, I feel that
this commission also cares very much about what's going to happen, but at the same time, we are bound by our code. Um, but with that being said, I do appreciate the concessions that were made and I think that to I think
Commissioner Lama's point, um, the city manager and the staff have heard all these comments and they do get direction from us. So even though it's not part of the site plan, um it is direction that we have given as far as
what we'd like to see happen with this project. Um so with that, uh I think it's time we take a vote because it's almost 10 o'clock. >> I would like to make a motion. >> Okay. Thank you. I need a second. >> I would like to make a motion for a two-month deferral.
>> Well, we you want to make a motion for deferral. Okay. All right. I need a I need a second, please. >> Okay. >> So, it dies. All right. Now, >> I would like to make a motion with conditions. >> Okay. What are your conditions that you
like to do? >> There are conditions that are very specific. The volunteering vibration monitoring and subsidance by the applicant to split the promisory note. One for the FS, another one for the TDRs
because they should not be combined. are completely different type of um financial agreements. And the third condition and I think it's a very simple one and we will add to the
transparency of the process will be to rewrite section five to how I uh I read it before. meaning that at least we are going to be informed of the different things that are going to be happening
with the project and it's going to be informed in this body. We're not going to be voting on it. So, it's not that we're going to be approving the traffic plan or the demolition plan, nothing like that. But at least if we want to um
give the impression that we have some transparency in this body to for that to be presented whenever there is something to present. We are not asking to the city manager to give a presentation every month and say there is nothing to
said. So whenever there is something to present to keep the commission and the public informed. So those are the three conditions. the volunteering vibration monitoring the split of the promisory notes and to rewrite section five.
>> Okay. Um Mr. City Attorney, how does that need to be clarified? >> Well, with the language proposed that I'm reading here, um I mean obviously you would all have to agree, the manager would have to agree. Uh it says a monthly status report. The only issue I don't know from a logistical standpoint
if it's uh uh tenable as we go through the process. The last sentence though does def basically render you the decision makers because it says no final determinations regarding performance bonds, traffic staging or restrictive covenant shall be
executed without prior presentation to the city commission on public record. So, in regards to all those things, we're dead in the water until it's presented to you. So, essentially, it delegates that authority to you, >> which is isn't really part of your code.
>> Well, that's a way to interpret it because what it says, we have a meeting every month. So, what we are asking or what I'm asking here and I think we should approve it is to for that to be presented to us, not voted on. is just a
simple presentation letting us know what is it what is it about the performance bonds staging etc >> please go ahead >> ju just on a procedural note and and thank you for the suggestion if that's the case I'm not sure that belongs as a
condition of our development order that could be by separate commission action to have the reports given because that would put us in a position where if the manager does or doesn't do something that potentially we're in breach of a condition that that's beyond our control to accommodate. We we we welcome the
reporting. We just can't be the guarantor of what happens. >> Okay. So, Commissioner Stuison, would you be comfortable with a separate resolution that is requesting a report from the manager? >> Well, actually, the thing is that it's not a condition for the applicant. It's section five, which is at the end of as
part of the resolution, not at a condition that they have to do anything about it. This is something internal or more administrative like like I said like section five says usually we are authorizing the city manager to do everything necessary to make it happen.
This is just adding a little bit more. And if you want to uh limit a little bit the scope of it, I'm I'm okay with it. But basically what I requesting here is a little bit of transparency and a little bit of informing us and the public about what's going on. Not a
condition for the applicant. So what if you did as a separate resolution that places the requirement on the manager? I'm comfortable with that for the manager to give us the monthly report but not associated to their site plan is my point. >> I don't think it's needed. I think if
you can we can put under discussion items every month uh update on project and it's done. That's it. >> Yeah. >> I think our building department I mean can can give you the update. We discuss
it. they we get the update. I mean, >> right, but like for example, traffic staging is included in there. So, if we have to wait a month to come see you for traffic staging and something needs to occur, it's going to delay their project. >> So, then we get into issues with that. So, that's why I'm saying from a
logistical standpoint, I mean, we'd have to look at the code more carefully, but I think logistically it's it's not practical and it it's going to be very difficult. >> If you want to make any modifications, I'm okay with that. But I think section five cannot give anything and all the powers to the city manager and to be so
obscure you know to what's happening. So it's a very simple to make it the condition to be not a condition for the applicant. Like I said nothing to do with the specific conditions of the site plan. It is not even in the staff report or as a condition for the applicant. So
you guys will not be burdened by this you know and if you want to say that nothing in in the last sentence like you said no final determination regarding performance B blah blah blah will be before the presentation I'm okay striking that last sentence there is no
problem you we can take it out but the the point here is a little bit to be a bit more transparent with the process and keep the people informed of where we are when we are there. >> Mayor, >> yes, >> if I may. >> Go ahead. >> I already provide the commission with a
monthly report that's comprehensive. Uh there's complete transparency in all that we do, including our budget. So, I don't want to confuse this issue with anything that has any sort of requirement on me. This is strictly for
their site plan approval. So, adding that third condition I think puts an undue burden on me, which is a separate issue from their site plan. >> Okay. I I see what you're saying and I and I agree. Um
>> well, she made her motion. So, >> okay. So, you're making your motion. >> I'm making a motion like I said with the condition of the transparency of section five, the split of the promisory note and the volunteering that the applicant is willing to do with the vibration
monitoring. Yes, but I believe that that should go further. >> So, so, so what so what I'm requesting from my commission, fellow commission is to have to be a little bit open-minded. Like I said, the promisory note has to
be split because we are combining two financial documents section can be written by the city attorney in a way that he feel comfortable uh that we are doing it with the code and okay with
that and the volunteering of the of the vibration is already being volunteered by the applicant. So I think is the minimum we can do to give back to the people and make them feel comfortable. Uh we were able to at least
accomplish those vibrations etc and security measurements that the the Alex wanted. So that's what I said. It's if you need to take a moment to breathe and consider
this compromise, I would like for the commission to to to consider. >> Right. I don't think that Wait one second. I need the city the city attorney to clarify this because it's getting it's late. I think everyone is tired and I want to make sure we're not doing something that first of all that we don't understand and second of all we
can't tie any condition to the applicant that depends on the manager. So Mr. the city attorney, could you please give us >> It's not just tying to it, but you'd have to agree to the specific exact language to the word. You cannot leave it to me to look at the code and draft something because if for some reason you
don't agree with what I come up with, we would have to come back here and redo this and we can't do that. So, um, >> okay. So, here I'm going to say on on on the record, Mauricio, for the next five meetings as my discussion item, can you
put on a discussion on update on this project? >> Okay. >> So, we're not voting on it till the fifth meeting. >> We have to vote. >> We're voting. I'm saying I'm adding a discussion to get an update from the manager so it's not tied to their zoning. And again, what you're talking
about, it's it this is a long way away. Performance bonds, traffic staging, I mean, the restricted covenants can probably come sooner than later, but um all all that's that it's way in the future. >> No, I understand. I'm saying for the purpose of transparency and so that the public knows that we don't intend to
just vote and walk away. We will have a conversation at least in some point get an update from the manager as to where the project is. If that is your intention, why just don't put that line that we're going to be getting updates. >> Okay, just take the vote.
>> All right. So, all right. So, you made a motion. I need a second. >> Okay. First, I have a question. >> There's a motion on the table, Jerry. >> Well, I had previously asked regarding the motion to have the motion expanded. >> Your motion died. >> No,
>> her motion's on the table. You can amend. You can amend it. I would like like to speak about having it amended. >> You want to amend >> vote >> to her motion? >> No. To amend her her proposition. >> Her motion. You want to amend her
motion? >> Okay. >> Okay. What's your amendment? >> So I would like to have further monitoring of other issues added, not just vibration issues. We have vibration and subsidance. What else you
want? >> Vibration subsidance. I would like something regarding uh uh the adjacent structures uh regarding uh structural damage. Something mentioned. >> What is your request?
>> I would like to have some statement regarding the responsibility of the developer for any structural damage to adjacent buildings. to be >> to be responsible for to be responsible for it. >> Yes.
>> Yeah. That >> you have insurance for that. >> That can't be a condition of the sorry, but that can't be a condition on the site plan approval. >> Okay. >> All right. So, let's go. >> So, how is the how is the vibration monitoring? >> They're volunteering. >> They volunteered it.
>> So, I'd like them to further volunteer >> to pay for all damage to any buildings. We're going to we're going to uh take a vote. I need a second to uh Commissioner Stew. >> Otherwise, there's never going to be an agreement between All right. The residents and the developers.
>> We have a motion on the table. Commissioner Stuben. And do does anyone need a second for her motion? >> Get something at least. >> Okay. Motion died. All right. I >> I'd like to make a motion. Please go ahead. My
>> motion is Oh, sorry about that. Okay. So my motion is for approval but obviously how can we integrate the splitting of the promisory notes. So we have two promisory notes >> which they agreed
>> to Fabola's um >> which they've agreed to. They agreed to that and also the monitoring of the vibration and and subsidance and uh for that to be shared directly with with the with the city and to us if
we could be copied directly on that please. And then um yeah how that that could be included in the vote somehow. I know that they volunteer for that but Mr. city attorney. How can we include that
in that in their approval? >> If they're in agreement, we can put that as one of the conditions with regards to the monitoring. Um, presumably you would report be reporting that to the city and then we can distribute it as we want thereafter. I mean, they would only be
required to provide it to the city. I presume that's what you're agreeing to. >> And then with the splitting the promisary notes in two, I believe they've already agreed to that. So again, we can't require them to do that, but if they're volunteering to do that, then we could include that in the conditions >> and and then it would become a public
record. So it would be available to anyone. >> What's uh >> once once it's shared with the city, right, that becomes a public record and anyone can >> that's provided to the city would be a public record. >> Okay, I need a second. >> I will second his motion. >> And I just want confir can we get confirmation on the record from the
applicant? Yes, we confirm uh that we accept the motion as uh presented by commissioner Lamas uh based on our profered conditions which are the vibration monitoring to be provided to the city
and to split the promisory note between the bonuses and the TDRs have two separate notes >> and the monitoring is for construction plus one year >> plus one year after >> yes and I I I misspoke vibration and >> subsidance monitoring monitor Okay.
>> For for up to one year for one year during construction and one year following completion completion. >> Um upon the condition that they grant us access to do it. >> Sure. I don't expect you to trespass on their land. Um okay. Uh Mauricio, let's take a vote.
>> I have one further question. >> No, we have we have a a vote on the table. We have a motion. Go ahead. M >> Commissioner Joseph. >> I vote no. Commissioner Lama. >> Yes.
>> Commissioner Styverson. >> I vote yes. And I want more transparency. >> Vice Mayor Riscar. >> Yes. >> Mayor Setchin. >> Yes. >> The application is approved. Four to one. >> Thank you. All right. We're going to take a brief recess.
>> We have seven more pages of agenda. >> I welcome everybody to stay. Please. >> Don't leave us. >> We're only on the first item, guys. This is when we have >> the scooters coming out. >> Oh my god. >> Great job.
>> Congratulations. You did a great job. >> Thank you. Yeah. >> Congratulations. Great job. >> Congratulations. You did a great job. Congratulations. Part: 2
R. >> So, so my question is cuz cuz I mean this is something new. I'm not an expert at this, but how much of a difference would this make from the current code that we adopted in 2009? Obviously, there's a current code right now to to
to protect sea turtles and and the nesting and everything. So, is this going to make it a lot better? I mean, the maybe we should talk to someone from the conservy. I >> I I put them in contact last year with the Mauricio and we are very low rated
like we are bad compared to we're doing legally tur came from that connection but um we are rated really really so we can I can share what through Mauricio the what
they gave to us that they recommend uh but the the reality is that That is the issue you hatch of the moon >> and when you add the white light on the
west side um they they will go there especially if it's a dark night moonwise you know so we're killing the turtles you know and this is their land so I I don't think this is this is a this is a no-brainer
we to protect them we we can afford you know, so it's just we spend so much money in things that they are so unnecessary. Uh we don't even know what is going to of this, you
know, it can be very small. It can be going to be an investment for the future. So I I I don't I don't even think this was going to be such a big discussion about it. You know, again, it's just a no-brainer. >> All right. So I'll take a motion. I make
a motion. >> Okay, I need a second. >> I would like to make a motion to defer. >> Let We have a second. Um, >> Mauricio, >> we can take a roll call. >> Yes. >> Okay.
>> Commissioner, >> I can make a motion to defer for more information. >> If you want to defer, >> Commissioner Joseph, >> no. >> Commissioner Lama, >> no. >> Commissioner Styver, >> yes. Vice Mayor Viscara.
>> Yes. >> Mayor Setchan. >> No. >> The motion fails. Two to three. >> You can bring it back since you if you want to. >> Okay. >> Well, I'd like more information. Like I said, I know it's important that more
information. Um, next item. Next item is 8A which is an ordinance of the city commission of the city of Sunny Alis Beach, Florida amending ordinance number 2025-635 approving budget amendment number
BA2526-1 to the city's operating and capital improvement budget for the 20252026 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. >> Mayor, vice mayor, members of the commission, this is the second reading of our budget amendment uh that helps record fund balance and purchase order carryovers from prior years. >> Okay. Do we have any public speakers?
>> No, ma'am. Not for this one. >> All right. I'll take a motion. >> Motion. >> Need a second. Second. All >> in favor? >> I >> I >> um I'm going to make a request. Um I know this is not usual, but it's a
really late night. Can we move up their item, >> which is >> I don't even know. >> It is item 9S. 9S. Can we move up 9S? >> Yes. >> Yes. Okay. Any objection to moving up 9S? All
right. Mauricio, >> what is 9S? Okay. 9S. >> Anyone that was going to speak on 9S, please fill out a public speaking card. >> Okay. >> No, I'm saying anyone else. Yes. 9S is a resolution directing the city
manager to assist the Atlantic Isle Civic Association in developing a right-of-way agreement and any related agreements necessary to permit the installation of a vehicular gate armed security system at the entrance of the Atlantic Isle neighborhood subject to commission approval.
>> All right, just hold hold on, Dan. Just let the manager go ahead. Mayor, Vice Mayor, members of the commission, we discussed this at the workshop, but the interest of the homes along Atlantic Isle is to install a gate arm. And
although they have agreed to pay for the cost of electricity, it would also be on private property. Because the gate arm would extend into our right ofway. I'd like to get permission from you to have some discussions with them and enter
into some sort of an agreement that would clarify insurance and liability. >> Okay. All right. Public speakers, >> Danny Glacis. >> Um, if you all want to come up together,
that's fine. >> Hold hands. Um, >> hey, we've sat through this, >> so I'll Yeah. >> Danny Glacius, 270 Atlantic Avenue. Okay, this is this is an easy one. You had a long night. Here's one we're bringing up. It's not going to cost the
city anything right now. If you go to our Atlantic Isle, Little Island, you see there's a lot of people making a a right turn to go in. They're speeding. They're going over. When you want to leave the island, we want to make the light. So, and I'm one of the ones that does it, too. we go speeding a little
bit farther so we can make the light. The idea of the pause gate is to prohibit for safety to make you physically slow down even though when you approach it it's going to open anyway. You see that there's a barrier. We cleared it through DOT
there >> and um it the other thing is that we will be paying for it. though it's safety for the welfare of the area in addition to we also think that it'll be twofold because of the fact that we've had some robberies in the area as you
know we've had cars stolen >> and even though if anybody's going to steal a car they're going to steal it no matter what you put all know that it's still a physical barrier like hey we have a camera looking at you know give the guy maybe a second thought maybe I
can go someplace else like your neighborhood or When you're buying the gate, you're getting a price. >> Anyway, guys, just kidding. It's been a long night, but that's what we are. And we we even though I know that the city has a lot of money, we're still going to pay for ourselves.
>> Okay. >> Did you want to add anything? >> Buy 50 of them, Danny. No. >> Huh? >> Buy 50 of them because people are going to be crashing in >> 50. Don't worry about it, you know. >> Yeah. >> All right. Um >> Go ahead, >> Mayor. Um, >> could you just give your name and your
address for the record? >> Alan Popac, uh, 307 Atlantic Atlantico. Um, if you have any technical questions about what this is, I have the plans that we're proposing and, um, they are actually breakaway arms for safety. And
in case of an emergency, they just go to an open position automatically in not emergency, in case of a power failure, they just go they go open. They have a battery in them and that's it. And they're very easily replaceable. And so they're meant to be, you know, to to be
hit if if that happens. >> Um, and all the all the residents can have very easy manual if there's some sort of total failure. It's a very easy thing to just put it up manually if there's ever an issue. So that's never
um I would like to mention that we have a letter from the uh Florida Department of Transportation saying that they don't have any any issues with it. We have um all the conditions of approval from the Miami Dade Fire Rescue and they gave all their conditions approval. We met with
the uh the chiefs at their construction division and um uh they gave us all the conditions we need, the Knox box and the various concerns that they had. Um and pretty much seems like people in the city are very for it and uh yep, makes a
lot of sense. >> Okay, thank you. That was two of you in three minutes. All right. Uh any comments from the commission? >> Yes, if you they can you guys can share that um the plans and the keep us informed about the status of the project because we have like very very little
information but just keep us informed and share that with us so we can have it. Okay. >> Sure. >> We'll send it to everyone. In fact, I believe Susan has the plan >> through um because I'm your neighbor. Okay. So, thank you for that. I will make the motion. Yeah. >> What's happening with the bridge
reconstruction? So, we just need a second. >> I need I need a second. >> Second. >> If I may, just to clarify, their agreement that we're going to enter to with them is going to come back to you for approval as well. >> All right. Uh, all in favor? >> Yes. Hi.
>> Okay. Thank you. Thank you for sticking. Good night. >> Have a good night. Good to stay for the rest. >> Sure. Right. All right. >> I'm glad I'm on this side now. >> Thank you. >> All right. Now we go back to 9
D. Right. >> We are at 8B. >> Eight. >> Yes. >> No, we're at nine. >> AB >> 8B. >> I thought we were at resolution. So 8B is an ordinance of the city commission
of the city of Sunny Al Beach, Florida, amending chapter 14 of the code of ordinances of the city of Sunny Al Beach speech section 14-8 entitled settlement procedures to amend and clarify procedures for the reduction of fines leans and penalties providing for repealer providing for severability
providing for codification providing for an effective date. >> Okay, Mr. City Manager, >> Mayor, Vice Mayor, members of the commission. This is a second reading uh regarding a revision to our chapter 14 for settlement procedures for code violations. >> All right. Do we have any public comment?
>> Uh yes, we do. Stephen Hirs. >> Stephen Hirs. 17201 Collins. Just real quick, um this adds to what originally was done in September when we allowed uh the city manager to give an extension of time to cure a violation. And now uh
this gives him the proper language to for uh extenduating circumstances um and be used only in rare occasions. I think that's for the benefit of all of our residents. Thank you. >> Thank you. Any other speakers? >> No, ma'am. >> All right. I'll take a motion. >> Motion.
>> I need a second. >> Second. >> Mauricio sty stepped out. Hi. >> Um, vice >> yes. >> Commissioner Joseph, >> yes.
>> Commissioner Lama, >> yes. >> Mayor Fetchin, >> yes. >> The ordinance passes. >> All right. Now to resolutions. >> Okay. 9C is a resolution of the city is a
resolution authorizing the chief of police to purchase two vehicles, vehicle related equipment and two laptops with law enforcement related software and a mental health performance coaching subscription. >> Okay. Mayor, vice mayor, members of the commission. This allows for the
expenditure of forefeite funds to purchase two vehicles and vehicle related equipment, two laptops, and some mental health performance coaching for our police department. >> Okay. Do any public speakers? >> No, ma'am. >> You sure? >> Yes.
>> Okay. Any comments from the commission? I'll take a motion then. >> Motion. >> All in favor? >> Okay. Next. >> I'd like to bring up that remote voting again. 9D is a resolution approving a software as a service agreement with Sharp
Performance as a sole source for a subscriptionbased mental performance coaching program for the police department. >> Okay, Mr. City Manager, >> mayor, vice mayor, members of the commission, this is the company that would provide the mental performance coaching program to our police officers.
>> Do we have any public speakers? >> No, ma'am. >> All right, I'll take a motion. >> So move. >> Second. >> Second. >> All in favor? I >> Okay, next item, please. >> 9E is a resolution authorizing the expenditure of budgeted funds with
Federal Eastern International for the purchase of police equipment. >> Mr. City Manager, >> mayor, vice mayor, members of the commission, this is the police equipment related to your approval of the prior items. >> Do we have any public speakers? >> No, ma'am.
>> Okay, I'll take a motion. >> Motion. >> Take a >> second. >> All in favor? I >> I >> Okay, >> next >> 9F is a resolution approving a first amendment to the support agreement with Central Square Technologies for the
maintenance and subscription services for certain information technology services. Mr. >> City Manager, >> mayor, vice mayor, members of the commission, this is our agreement with the company that's called lost my place. Central Square. Uh they
provide the IT for our police department. >> Okay. Do we have public speakers? >> No public speakers. >> Okay. I'll take a motion from the commission. >> Motion. >> Second. >> All in favor? >> I. >> Okay. Next item.
>> 9G is a resolution authorizing the expenditure budgeted funds for the purchase of two 2026 Chevrolet Tahoe four-wheel drive police vehicle from Lenj Fleet. Mayor, vice mayor, members of the commission. These are the two vehicles that we referenced in the early
earlier item for our police department. >> Okay. Do we have any public speakers? >> No, ma'am. >> I'll take a motion. >> Motion. >> You just second. >> I >> Next item. >> 9H is a resolution authorizing the
expenditure of budgeted funds for the purchase of three Toyota RAV 4 hybrid all-wheel drive vehicles from Seminal Toyota. >> Mr. City Manager, >> Mayor, Vice Mayor, members of the commission. This allows for the purchase of three vehicles that were budgeted for our parking division.
>> Okay. Any public speakers? >> No, ma'am. >> Motion. Need a second, please. >> Second. >> All in favor? >> I. >> Next item. >> 9 J. >> I, >> excuse me. 9 I is a resolution approving the issuance of a purchase order to Wex
Bank for the purchase of unlimited fuel utilizing its fuel card program. >> Mr. City Manager, >> mayor, vice mayor, members of the commission, this is the company that we use that provides fuel cards that we use for our city vehicles. >> Okay. Do we have public speakers?
>> No, ma'am. >> All right. Um, >> I would just like to have it on the record that uh, city employees should know not to go to the gas station at 185th Street in Collins since it's the
most expens I believe South Florida. So, >> okay. >> Motion. >> So, I'd like to have that on the record. >> Thank you. Uh, I have a motion. I need a second. >> Second. >> All in favor? >> I. >> Thank you. Next item.
>> 9J. 9J is a resolution approving a first amendment to the agreement with Neon Science Solutions for the removal, fabrication, and installation of monument signs throughout the city. >> Mr. City Manager, >> mayor, vice mayor, members of the commission, you have given us approval to
renew our our entrance signs throughout the city. As part of the permitting process, FDOT requested that we have some additional liability insurance. So, that's the purpose of this item. >> Okay. Do we have any public speakers? >> No, ma'am. >> Okay, I'll take a motion.
>> I I have a question. Those are neon signs. >> I'm sorry. It's It I know it it looks like it's neon signs, but they're not. It's not neon signs. No, >> the company is called neon signs. >> I I know, but it's just in case that they don't know. We don't >> It looks like they know that we have a
neon ordinance that we can have neon signs, >> right? >> And you you did approve these signs before, but it's definitely not neon. >> Okay. question. >> I'll take a motion. >> So motion >> second. >> All in favor? >> I >> I >> Next item 9 L.
>> Okay. K. Sorry. >> K >> is a resolution approving a first amendment to the agreement with Eagle Eye Officiating for Sports Officiating and scorekeeping services. >> Mayor, vice mayor, members of the commission. This approves an agreement with this company to provide sports
officiating and scorekeeping services for our CCS. Do we have any public speakers? >> No, ma'am. >> Commissioner Joseph, you want to ask >> any scoring for PAL as well? I was wondering >> they're going to create has nothing to do with PAL. >> No, I pal.
>> No, >> I pal. Yeah. >> Okay. I need a motion. >> So move. >> Second. >> All in favor? I >> I >> 9L is a resolution approving an agreement with CompTEC and
Engineering Inc. for the Golden Shores pump station rehabilitation project. >> Okay, Mr. City Manager, >> Mayor, Vice Mayor, members of the commission, this is related to our Golden Shores pump station and extends the time a little bit, but the pumps are
operational and we're very, very close to completing the project. >> Okay. Do we have any public speakers? >> No, ma'am. >> All right, I'll take a motion. >> I'd like to say I couldn't be happier with uh the situation in Golden Shores,
the luckiest area in the city as far as um how we've mediated the flooding. >> Thank you. >> I need a second. >> Second. >> All in favor? >> I. >> Everyone in favor? >> Yes. >> Yes. Yes. >> Thank you.
9Me M is resolution approving a fourth amendment to the agreement with IM electric for street lighting preventive maintenance and as needed electrical services. Mayor, vice mayor, members of the commission, this approves an agreement with AM electric and this is going to be
mainly related to work at Heritage Parking Garage. >> Okay. Do we have any public speakers? >> No, ma'am. >> All right. But but it's not only for the heritage part and because this is bringing the total to $832,000 only for heritage to change the light
fixtures in the garage is $75,000 and again we were we didn't approve to do anything for the turtles and we are just changing this for the heck of it you know because I know it's better to have LED the hall allergen but um
also this is not going to be and we are extending this type of contract without comparing with other companies. So I'm not in favor of this. >> Is this the same company that's working with FPL
>> for the undergrounding? >> Yes, we've done some work with them. Yes. They've been very responsive. >> Okay. >> Still we should be bidding for this type of it's over $50,000. So we again this is bringing us to almost a million
dollars in in in lighting fixtures. So no >> um Alan may I ask this was originally awarded via a bid correct >> okay >> on the copy that's on the the copy
that's on the uh agenda the the original agreement is supposed to be attached but it's not. >> So I'm going back but yes it was competitively bid but I I'll put up the agreement. Okay. >> Yes. Um, it was ITB number 23-11-01 >> for the $75,000 for the labor and
equipment and changes of Heritage Park specifically because that only $75,000 >> not as a specific project. No. >> Okay. >> The bid was for uh General Electric uh and this just falls under the scope of the contract you entered.
>> Correct. But it is also up to us to approve the fourth amendment to it and we are doing it without having a comparison bid. >> Okay. Anyone else? >> Motion. >> Okay. I need a second. >> Second.
>> I'm knowing this one. >> Okay. Next item. Next item is, excuse me, 9N. It's a resolution approving the expenditure of budgeted funds with landscape forms for the purchase of
picnic tables and park benches. >> Mr. City Manager, >> mayor, vice mayor, members of the commission, this allows us to purchase some picnic tables and park benches that are concrete. And the detail is in your backup of what it
looks like. >> Okay. Do we have public speakers? >> No, ma'am. >> Okay. Any comments? >> I'll take a motion. >> Motion. >> I need a second. >> Second. >> All in favor? >> I. >> Next item.
>> 90 is a resolution approving a second amendment to the agreement with Nunes Construction for the installation of an emergency generator and building restoration at Gateway Community Center. >> Mayor, vice mayor, members of the commission. This allows for a time
extension for the generator, not additional monies, just time extension. >> Right. >> Do we have public speakers? >> No, ma'am. >> Yes. Go ahead. >> So, um, we have excluding this amount
um, regarding Gateway, I believe we're at 45 million. Does the 45 million include what we just paid for the stucco and all? >> Yes.
>> And and but there are still other remediations that are required, correct? On that building, >> not right now. No. >> Okay. But the building is deficient in other ways.
>> At this time, we feel like it's it's current, but it's going to require ongoing maintenance. >> Yes. >> And this amount. Okay. So, >> would include the generator. So, the total with the plaster repairs is now at 45 million, >> right? Okay. So,
>> and includes the land purchase. Thank you. >> No, I understand. Yeah, the 44 million includes the land purchase. So, at what point do we think maybe we should just start over and do it right? I mean, that's that's an amazing
property. we could have such an an amazing structure there that serves the city in so many better ways than what it does now. So what I'm suggesting is I know we have gateway Pelican that we're
looking to redevelop. What what time frame are we on on that? I mean we're just thinking about it, right? Please. >> We right now during our budget discussions which I believe our initial budget discussion is next week.
>> Yes. >> We're going to lay that out and have you give us your ideas >> and then we can discuss that at that time. >> Okay. So I believe after we complete Pelican the way the correct way, not the
way the city has been building buildings over the past 20 years, do Pelican correctly, plan for the future, and then we take down Gateway and we redo it for the future.
>> Okay, Commissioner Joseph, could we just stick to the item? We can talk about that next week during the budget, >> but I'm I'm just saying >> I understand, but it's late, but not this is not the item that we're talking about. >> Well, so let's >> generator. I don't believe we really need the generator.
>> All right, so you can vote against it. >> I'll make a motion. >> Okay, I need a second. >> Second. >> All in favor? >> I. >> Anyone opposed? >> Yes. >> Okay, next item. 9 P is a resolution ratifying the
expenditure of budgeted funds with Caven Gardon and Associates for temporary city engineer and plan review services and approving a letter agreement with Calvin Jardano and Associates to provide general engineering building plan review services for a one-year term. >> Okay, Mr. city manager,
>> mayor, vice mayor, members of the commission. This allows for an agreement with Calvin Gordono for engineering services for plan review. And we did we have since hired a new city engineer. So, we're not sure if we're going to use
all of that monies, but we have it just in in in plan just in case. >> Okay. Do we have public speakers? >> No, ma'am. >> Okay. >> I have a question. >> Go ahead. as the new city engineer, has he um looked at the
um center island injection project? >> He has. >> I'd like to see his report on that, please. >> All right. I need a motion on this item. >> So move. >> Need a second. >> Second. >> Second. >> All in favor? >> I
>> Okay. Next item. 9Q is a resolution approving a first amendment to the agreement with Waypoint Contracting to provide construction renovation services for the annex building located at 18050 Collins Avenue. >> Mr. City Manager, >> mayor, vice mayor, members of the commission, this allows for first
amendment to the agreement with Waypoint on our annex and an amount not to exceed 299 108.78. >> Okay. Do we have any public speakers? >> No, ma'am. Okay. >> Contingency was supposed to be part of
it of the original contract. So what happened? This is the contingency of the contingency. >> Go ahead, Mr. City Manager. >> I think this goes a little bit to Commissioner Joseph's point. Some of these buildings have we have unanticipated things that we've experienced during construction and
there was a number of different items regarding this in particular that were not able to be viewed during our initial inspection of the building. But during construction, for example, we had some issues that we were not able
to observe prior to construction like the gas lines that that why we need the gas line for the restaurant, >> the existing gas line. Yes, we relocated that to outside of the building. So,
yes, the the gas line for the restaurant is an example >> and we're paying for it. So I am completely against anything and everything that we are doing that there with the Tony Romas. I've been very consistent with that. I requested uh um
the total amount that we had spent so far I think it wasn't ready on time for this meeting. So I would like to have as soon as possible. Uh this is just again a disservice that we're doing to the people. It's embarrassing that it's taking this long and this amount of
money to just renovate the building department. So we cannot renovate the building department in two years. That's embarrassing, you know. So I'm completely against this and anytime every time that something's going to
come from this, I'm going to be completely against as well. >> Okay. So I have a further question if I can. >> Go ahead, Commissioner Joseph. So have we discovered anything um in moving forward with this building that on forethought we would have forward to
begin with? Not in my opinion. If we had rented it totally as a restaurant as I know that you would like for it to have been, we would have still encountered some of these issues during renovation. Not us them because every contract that we had
with the restaurant they were going to be doing the renovation. They were going to be doing it. They were going to invest in that money and that it was going to be them for us. So we will not be part of all this. It will be on them
and also the lost revenues. We should we could have been making by now millions of of dollars renting that space. So this is being one of the worst uh decisions that I seen made by this
commission. So clearly one off. I said one off. >> Uh so yeah I'm completely against this. This is sad and a disservice to to the people. No thank you. Okay. Please don't stop me because you want to go home. >> This is not about me going home.
>> This this we're not voting on whether it's going to be a restaurant. You are free to vote against this item. It's already decided >> to make also my comments. I was asking if this was for also the gas line that the building department doesn't need. So this is also money that we're investing
on a restaurant that even a broker was the one who decided who we're going to be renting to. So like I said, I make a request on a lot of information about this. So um I hope to get in soon. >> Okay. Anyone else? >> Motion. I need a second.
>> Second. >> All in favor? >> I. >> No. >> No. >> Okay. Next item. >> Just to clarify, that was >> Yes. >> Thank you. 9R is a resolution adopting a social media policy for elected officials.
>> Mr. City Manager, >> mayor, vice mayor, members of the commission. This is based on our different workshops and feedback from you. This is a social media policy for the elected officials. >> Do we have any public speakers? >> No, ma'am. >> Okay, I'll take a motion. >> Motion.
>> I need a second. >> Second. >> All in favor? >> No. >> I >> no from commission. >> I'll vote no as well. >> Okay. Next item. >> Next item. Excuse me. >> We already did. We're at T
>> 9T. So 9T is a resolution expressing support of for a proposed ordinance of Miami Date County amending section 21-28 of the code of Miami date county relating to noise regulations. >> Mr. City Manager, >> Mayor, Vice Mayor, members of the
commission. This would enable us to support an ordinance from Dade County that's going to increase some restrictions on vehicles and vessels regarding noise. So their commission
meeting, I don't remember the day whether it was yesterday or today, but provided you agree to this, we would send them a letter supporting it prior to the second reading of their ordinance. >> Okay. Do we have any public speakers? >> Yes, we do. Stephen Hirs. >> Okay.
>> Last time. >> You don't have to give us your last >> 1721 count. The noise on Collins Avenue from uh excessive exhaust is gotten intolerable. I'm hearing that from all the anyone that lives on Collins, even off of
Collins. Um unfortunately, Florida does not allow any uh electronic devices for the measurement of speed. There's sound cameras that are available in other states. Um, in addition to encouraging our support of the MA of the, uh, Miami
date ordinance, uh, I would also hope that we can through either our legislative advocacy or Florida League of Cities, uh, see if we can get Tallahassee to allow local governments to implement noise cameras. >> Thank you.
>> Thank you. Any other speakers? >> No, ma'am. >> All right. I'll take a motion. >> Motion. >> Motion. >> Need a second. >> Second. All in favor? >> I. >> All right. Next item. >> 9V. >> Nine. >> No, sorry. 9u. 9U
>> is a resolution joining Miami date county and urging the Trump administration to suspend all Cuba related federal licenses and general authorizations pending full federal audits and investigations. >> This is a joint resolution by the three of us. Uh I think it just speaks for
itself. It's supporting a resolution that was already passed by um the county. Anyone want to add anything? >> Okay. I need a motion. >> No. >> I had a question. What? Like what licenses? What? I didn't understand the item. Like what what licenses?
>> Just to put further pressure on Cuba. >> I understand the purpose, but what licenses? >> It's more of um just supporting their resolution. We don't have to do anything. So, nobody knows what licenses. >> It's business licenses as far as I know.
>> Okay. Um, well, I mean, I don't I don't know what it is. >> Might be import licenses. >> I Well, we don't know what it I'm not going to vote on something. I don't know. >> Requires research. >> All right. So, I'll take a motion. >> Motion. >> Second. >> All in favor? >> No.
>> Commission Vice Mayor is in no. >> Next item. Alex is also no. >> I don't understand what license is or >> Okay. No, no problem. Next item. 9V. >> 9V is a resolution acknowledging the fourth anniversary of Russia's further
invasion of Ukraine and expressing support for the people of Ukraine. >> Yes. >> Joint item by >> basically just that very self-explanatory. Many of our um Ukrainian residents asked
me for this. So I am acknowledging that request. >> Yes. >> Any public speakers? No, ma'am. >> Okay, >> I make a motion. >> I need a second. >> I'll second it. >> All in favor.
>> I'm I'm going to be a no. Um although I think it's good that you're doing it. I think it deserves acknowledgement. Um the last time it was brought forward, it was in a slightly different context and and we had this conversation that in feedback. I don't know why.
Um, but anyway, I I said before that I'm not weighing in on any foreign uh affairs. So, uh I'm a no for that reason, but I think it's appropriate that you brought it forward. >> Okay. Commissioner uh Lama, did you have
anything you want to say? >> Yeah, I'm a yes. I mean, um obviously this could be a divisive issue here in the in the city. We did receive a couple of emails um expressing opposition to that, but I'd like just I just like to
state the way I see it is that you're supporting the the people of Ukraine that are suffering that are going through war. Um unfortunately 90% of the wars are, you know, started by forces or
interests that we don't even know about. and there's of interest uh that does not take into consideration the the actual people that are suffering. So uh I do express support um for the people of
Ukraine that are suffering and you know all peoples that are involved in war that are suffering. So yeah, I definitely support this. >> Okay, thank you. I just want to add to that. Um, you know, as someone that personally has family living in in Ukraine and Russia, Bellarus,
Kazakhstan, the entire area, um, this is a very difficult time for for all those people and we have so many of them living in the city. They're all our, you know, extended family and we feel for all of them. Um, I appreciate this item, Commissioner Tuisent, but I want to acknowledge the fact that there's
suffering on on on regrettably for um a lot of people and it would be really great if um this ended sooner rather than later. But >> and okay, >> just like to say one other thing that um I'd like to praise the um Ukrainian uh
people uh for the development of uh drone warfare. It's um actually it's the future of warfare and it's uh going to aid the US quite a lot uh having them as an ally.
>> Jerry, can can we can we limit our comments to supporting the people that are suffering? I mean, we're talking about warfare now. Well, I mean the I don't think the purpose is I I understand, but I mean