okay good afternoon everyone we're gonna start welcome everyone it's nice to see so many people here for our Workshop okay so commissioner Jerry Joseph here commissioner cyon here commissioner viscara here vice mayor Lama here mayor fetchin here all members presid m'am great thank you okay so we have the first item um on the agenda which is 2A for the next several items mayor if um I'm going to ask the commission to just please stay down there because they have photo ops so in order to be less disruptive for the meeting I'll just call the items as they come along and then the person that will present presents or the photo op will just come up sorry okay is that okay the only thing is is that I'm going to ask if we can make a slight change and and have two B after switch 2B and 2C okay CU some kids are planning to come over from the school and they haven't gotten out yeah so 2 C before 2B yes that's okay with everyone got okay so the first item is the city manager excuse me the employee of the E award for 2023 my mic mayor can we move to item let's see two c yes do 2C first please then move back to 2A okay so item 2C is a certificate of appreciation presented to Hector Vasquez of Miami County Public Library System okay wonderful so um this is a so just because we have so many people here I'm just going to uh kind of reiterate what what we're doing here in the past we had our full uh meeting at 6:30 and they kind of ran really late so now in order to allow as many people as possible to participate we have our presentations and recognitions uh at 3:00 and then we have our meeting later on at 6:30 so this allows a little bit more time to really acknowledge people and so um as many of you know we have a public library and that library is not run by the city it's run by Miami day County and uh everyone that works there is phenomenal I I think that they're all great but I wanted to make sure that we recognize Hector who's who's here today um and thank you to to uh Ray for coming as well uh because Hector has really shown to our community uh a willingness to to understand what sort of programs and events people would like to see um that is very specific to them and the way that he's able to just do things so quickly and and with a smile um and always make everyone feel so welcome in these events from you know I don't know if you've anyone's gone to the toddler ones where you know they are jumping up and down and singing with the little kids um to uh the the uh Toby's uh Hebrew club now we have a very successful chess club we have the Kanas that comes uh with the service dogs um once a month uh for the kids that are uh potentially just learning to read and feel uncomfortable uh there's a reading club so all of these things are under the leadership of of Hector uh our librarian and I just wanted to say thank you and uh acknowledge you okay so if you all could just go down for the pho up it's library library system start [Applause] stay right there Commissioners Commissioners can you just stay down there please just take Okay so the next item is a certificate of appreciation presented to Sunny Al's Beach karate instructor Marco Mass [Applause] um not yet Commissioners Commissioners Commissioners Commissioners Commissioners just just stay here I'll I'll tell you when to come back up so the next item we're going back to the beginning 2A which is the 2023 employee of the year award mayor vice mayor members of the commission this is my um esteemed employee of the year award of uh the great work that all of our employees do throughout the year and I think a lot of people don't understand that the day-to-day op operations of the city are a 24hour 7-Day a week operation many people understand this from the police department perspective but we also have other departments that operate this way I often hear from the mayor vice mayor members of the commission uh in the evenings on the weekends on holidays about issues that residents have contacted them this person in particular responds to those complaints immediately many of these complaints involve life safety issues such as maybe trees that are down or stop signs that have been knocked over by hit and runs when I call on this employee of the year he's always available no matter what day what time and understands the significance of the issue and the good news for me is that I only have to call once and I don't have to worry about the issue being handled from that point forward so for 2023 my employee of the year who was also just recently promoted to the public works director is Fabricio Voli [Applause] okay no just uh two more so for 2f we have the proclamation presented for color rectal cancer awareness month and this is from commissioner Joseph did you want to say anything no okay all right sounds good okay so now we have the um presentation for sergeant Patty Gonzalez to be that's from the chief good afternoon mayor vice mayor Commissioners Mr manager ladies and gentlemen esteemed colleagues and honored guests today which is even more of a special day February 15th which many may not know marks national school resource officer appreciation [Applause] day so we gather here to express our heartfelt gratitude to school resource Sergeant Patty Gonzalez for unwavering Devotion to the Dare program that recently graduated Sergeant Gonzalez has been a beacon of guidance and support positively impacting countless lives through her dedication to fostering a safe and drug-free environment for our students her commitment to the Dare program has not only educated but inspired our youth to make informed responsible choices for several years Sergeant gon Gonzalez has tirelessly worked to empower students instilling in them the confidence to resist the influence of drugs and make choices that lead to brighter Futures Beyond a role as a dedicated law enforcement officer Sergeant Gonzalez has has become an integral part of our school Community with our approachable nature and genuine care for the well-being of our students have left an incredible mark on all who have had the privilege of knowing her in addition after school is released Sergeant Gonzalez mentors the young minds at PCP Parks after school program as we commend Sergeant Gonzalez today let us celebrate not only a professional achievements but also her profound impact on the lives of the young mind she has guided her Legacy will continue to resonate with within the halls of Sony Al Beach K through 8 reminding us of the positive change that can be achieved through passion dedication and genuine commitment to our community's well-being on behalf of principal swam fifth grade teacher Miss praz all the other staff that is here today and me thank you Sergeant Gonzalez for your exceptional service and Lasting imprint you've made on the hearts and minds of our [Applause] students [Applause] uh the school teachers want to come up for a photo op please the school teachers for and that's it you guys can come back okay so the last one the last presentation mayor is the black history month and I believe commissioner viscara wanted to just say a few words thank you now we're we're uh this is Black History Month so we'll be acknowledging that and we have a a certificate that we'll be sending along uh so we just I just wanted to take a moment to acknowledge it and we're going to move on thank you okay okay so now we're on to discussion items item 3A which is discussion regarding the creation of a Hebrew Club okay so that is my item um so I want to preface this by saying um actually what I started saying about the the library is um I think all of us can agree up here that our role is really to to fulfill sort of the the wishes of of the community um through legislative action and not necessarily getting involved or rather not getting involved in the day-to-day that's why we have staff um so normally I wouldn't present something like this um unless there was what I felt a very strong um reason and I I'd like to read my memo just uh so that we have it for those that are watching or in the audience so the Hebrew Club um and thank you Toby Baron for being here the Hebrew club serves a municipal purpose as it brings together children to learn a new language sing songs and learn about holidays further the city of Cal's beach has historically sponsored and advertised religious events and programs including egg scramble St Patrick's Day Christmas tree lighting Christmas toy drive and others by including the option of the club in the case program and the case program is our after program or rather um in in lie of after care uh it allows for children or or parents to sign up their kids for for various activities the city is neither establishing a religion nor preventing others from practicing their religion lastly other municipalities also have Hebrew clubs as well as Mii day County which signifies that this really is up to the governing body to determine if this is a suitable Municipal purpose um Miss Toby Baron has requested to run an Afterschool Hebrew club with within the case program Miss Baron already runs a monthly club like I mentioned earlier at the S Beach Library which has a great turnout and um I I thank some of the parents that are here in support and um I I took some pictures uh of the last event um obviously you know we have the the kids faces are blocked out but uh I I can tell you that it it was I I believe that there could have easily been there 30 people if not more and um it's mixed it's not just for Jewish kids anyone can go um and and I think that's really important because this is a a very much a cultural Club um so I've had many discussions with the city manager and our City attorney um because we started going back and forth on whether this was an appropriate use of municipal or rather if it has a municipal purpose and why am I mentioning that because that's really anything that we decide we we have to use that as sort of the criteria um is this for the good of of the community and I'd like for this body to have this discussion because it it potentially uh sets up a uh a policy going forward um one of the questions that I got from staff was well this opens up you know the door for all other clubs which I support very much if community supports something and they sign up for it and they want it I think that it's great and really one of the biggest things that I actually uh forgot to mention is um Miss Toby Mrs Toby Baron is willing to do it for free uh so she's putting in all this energy and effort and she has been for over 25 years uh I commend her for for that because she continues to really serve the children and families of this community uh regardless of of their uh religion and uh I I can tell you that you know there's absolutely uh there's so many studies that say that learning another language uh helps for for many reasons and and Hebrew being that language and which is not available at our school uh and it's not available in any uh high schools around the area that I know of is really a benefit uh to our community um and then before I ask for for what you all think and this is not a vote just so you all know this is a conversation and one of the reasons that we uh have it like this is so that we can have an open conversation with you know so the public can hear us normally um if if any of the staff is is not recommending something or in this case with the city attorney him and I have been going back a lot on this uh he wrote a lengthy memo and revised memo um s saying that he doesn't believe that this is something that we should be supporting normally I think that you know taking what the staff is recommending for or against is something that we need to take very seriously because that's why you know we we hire them when we pay them is for them to give their expertise so it does require a real um higher bar to you know we have to meet that higher bar to sort of go against what a senior staff member is recommending uh for or or against so I'd like to hear what the rest of the commission thinks about this um just your thoughts you know like I said we're not voting um so I'll go last you'll go last okay does anyone have any thoughts on this commissioner llama I mean commissioner Vascar Vice marijana do you want okay so I'll open um okay it's just saw a lot of thoughts but to to start I just want to say I think it's lovely to have have a forum where children can learn either a new language I myself was the Sunday school teacher in my church for a few years and it's a it's a really nice thing to do for kids uh but there is a a place for it and I don't believe that the city is that place um the mayor brings up a couple of things it's good to learn a new language a municipal purpose but before we even consider let let's let's remove this for a second let's assume that it's gymnastics uh before we consider whether we could or should offer gymnastics first the first thing we we need to do is is it permitted by law we take an oath that says we will uphold the Constitution and the laws and uh this isn't I had a conversation with with uh Miss Mrs Baron and the rabbi and I appreciated the conversation you because you were very honest about your intention and what you plan to do and then I spoke to um the the city and the the the facts were essentially the same so there was no dispute as to the facts your uh intention is to bring children uh the small children and to have the the songs and prayers and and part of the culture and crafts and with that then we we're entering into that religious component that the laws don't permit us and I read the um the memo a couple of times and found it very persuasive and I myself uh just for those who don't know I'm an attorney and my concentration in law school which was Yesa University um was constitutional law so this tracked for me I found it persuasive and I think if anything be then we air on the side of caution if we're not sure we air on the side of caution we shouldn't be um exposing ourselves to to that kind of a constitutional Challenge and that said said there are other remedies it's not like this is the only way that this service can be provided I understand that once there was a club in in the school that that did something similar and that the um the city collaborated once they did that hour after school if they were with the after school program we would go and pick up the kids and there was no problem there uh there's nothing preventing uh the parents from creating that program themselves through uh their organization so it's not not like this is the only possible way that this need can be met and I would encourage and the school has the legal capacity to do that uh we do not so there there are Avenues this is not um this is not like the only possibility and there being other options I don't see why we would have to open up the city for that kind of um challenge or liability uh let me see what else so if I can while you gather your thoughts um uh to to clarify that is the back and forth that the attorney and I were having which was whether this is or isn't allowed under the law and that that is really the conversation that we should be having because if this is allowed within the Miami dat County Library if uh the City of Aventura is doing this uh within their after care uh the city of B har um Bay Harbor used to do this so this isn't setting any new precedent and for me it's more of a if you know we do this and uh nobody signs up then it's fine if we do this and 20 30 people sign up then we know there's a need uh I don't see any liability here at all this is something that is very normal in the community ities if there's a community that has a large population of uh you know a religion or a group they support um that group and this is not for me and again I obviously I want to defer to you you know your attorney the the two attorneys but I spent an enormous amount of time um you know researching this and I just so that it's clear where I'm coming from um um you know this is about the First Amendment and the first amendment protects the people as I understand it in plain language from the government forcing you to practice a religion in order to participate in the government but it also protects the people to practice their religion uh without uh any restrictions um you know the the problem here is the the the entanglement that is where it becomes the question how much is the government entangled into something that has a religious component and I would coun her that um the State of Florida you know allows you to take your public dollars and go to a private school uh that is a religious school uh you know later on this evening when we have our commission meeting we're going to have an invocation uh where everyone you know bows their head we pledge allegiance to the flag and we say God you know so this isn't something that I think is novel this is something that I think is normal and since we don't have anyone opposing it that's that's the conversation I want to have why are we working so hard I'll address your point I think Aventura is doing it wrong I don't know of any other municipality who's offering it the I I did I didn't spend a lot of time but I did a search on on like what Hebrew Club was and everything that I saw with the exception of the flyer that popped up for this city it's all tied to the Hebrew Club is to me and I could be wrong because again I didn't I didn't um spend a lot of time on it but it seems to all be tied to a habad and it's it seems to have a religious component to it but that aside it doesn't even matter what's going on anywhere else everything you mentioned has case law surrounding it the Pledge of Allegiance mentioning God the the invocation all of that is addressed separately so it so it's not that it's it doesn't make everything normal it is the entanglement component and the intention when I spoke to to the parents was to address crafts and culture and all these things it's open to everybody but that doesn't cure the the part about using religious text and prayer and that's not permitted and that's addressed very clearly in in this memo which I don't want to go through but if you want to go no I don't the whole thing we can so everybody can know where I'm coming from it's a very long memo and look I want to hear from everyone else cuz I get your point I I just you know you just reminded me about something which we actually did together a few years back during Aftercare with for hanuka we read Hanukkah books and we lit the manora in our Aftercare that's a you know that has a very religious component and maybe we shouldn't have done it I don't know I haven't thought about that I thought it was a beautiful thing it was beautiful it was beautiful this is all of this is beautiful and and it and it should be I I don't have any problem with it being done I think our children should have access to this but I don't think it needs to be um provided by the city I think that's a problem but if we can find another way to make it happen that would be great yeah please um if he was the priest that he comes from the Catholic church and he said that because of budget or anything else um he can continue giving the catechesis classes for the kids that going to do the first communion and he comes to us in this same setting asking to do it at the school as a club and have the opportunity of the kids that they want the parents that want to sign up the kids for that class um for us to help them do it I will say yes the same thing that I will say yes to the Hebrew Club so for me is not about choosing one religion over the other one it is about um giving the service to our community uh I understand the legality about it I read about it as well maybe for the sake of the conversation we'll be good to hear from aland direct if you can give us a summary so people know what we're talking about because we read the memo I don't think anybody else read the memo so maybe he can give a little summary of so they know what we're talking about but I do believe that we have to give to the community what they're asking for and um and there is I don't see anything wrong I understand the legality I I do um but it's something that is been done through the years in different settings um is a beautiful thing and I would like actually to be able to accommodate whoever wants to come with a similar uh request and be able to uh facilitate for our people to be able to have that opportunity and to depend parents so um technically we were not even supposed to have an after care we have it with another name but that's what we have so uh this being part of our after care I totally support that so maybe we can allow Alan you don't mind we haven't taken money for any of the other things for the after care it people would have to pay for it we haven't taken money for any other the thingss that we've done I don't believe this is going to be free it's going to if it's part of the after my point is for the other things that we've done the lighting and you know the the collaboration that we've done there's it's always been we the city has never it's never been registration and taking money well if we are pay with the tax dollars we're taking money from the people there's this is different I'm just telling you okay if you don't mind Mr I won't and I'm going to try to be as succinct as possible it's it's a very involved um nuanced area of the law um first with Municipal purpose it's it's beyond Municipal purpose what the what occurs to the extent that we've called it entanglement The Establishment Clause of the First Amendment both of the US Constitution and the Florida Constitution not just prohibits as it states the fact that you can't the government can't establish a formal religion but through the years as same thing with the Fourth Amendment right to privacy there's no such thing as a right to privacy in the Constitution that was developed over the years in uh jurist prudence The Establishment Clause prohibits the government basically government action that unduly favors one religion over another or from unduly preferring religion over non-religion or non-religion over religion it basically requires neutrality and and commissioner rcar is correct with the extent that we're we're kind of mixing apples and oranges when we refer to invocations uh you'll notice on your money you have in God we trust right those things have all been treated differently through a whole line of decades worth of different analyses based on what occurs with education though it's very different and and the Crux here is the fact that it would be a city initiated sponsored it would be essentially a City Club and to bring it down to the lowest common denominator essentially it would be the city not not necess baren but the city would be taking on the education of and the dissemination of religious materials to children children in a religion it has chosen not in all religions but in one religion so effectively the city is putting this forward and it's chosen its religion and that's what The Establishment Clause prohibits now when you go to the Florida uh Constitution uh there's an added issue with regards to the No No a clause where you can't use money and efforts to uh contribute to as as we've spoken to before vice mayor to contribute to religious organizations or Aid religious organizations that's on the Florida side but the US Constitution side unfortunately and anything that's deemed to be whether it be prayer the use of religious text even if you were to take religious text and you were to read it as to teach Hebrew for example you're still you can call it teaching Hebrew but you're also reading that text and especially if you read it as truth and I would expect Mrs Baron or anyone else religious person I I wouldn't expect them to to detract from the fact that it is Truth uh the mere fact that you consider it to be truth um is teaching religion and whether regardless of which Constitutional tests you use historically it has never been proper for government to educate or to instruct in the way of religion as to the other municipalities I I've at the request of the mayor I spoke with Mr Baker actually I wish he was still here um and he assured us that there was no religious programming shared with me an email from Hector that in fact it's more of a book club or reading club there's incidental references during holidays to you know uh a particular holiday or things of that sort but it's not in there's there's no instruction involved I called the city attorney for the City of Aventura he was not even aware they were doing it and they're now looking at into it cuz you know in discussing it uh I spoke to general counsel and Deputy general counsil of Miami dat County schools and schools are completely different they act in a custodial capacity which is one of the recommendations I made in my memo um the schools cannot offer any sort of religious programming or education what they do is they allow under the Equal access act mostly for secondary schools the ability for student driven clubs so if you have a geology club or you have a philosophy Club under the other Clauses of the First Amendment you have to also allow Open Access and equal access with regards to that so they're student driven there's no contractual agreement with whoever is putting it Forward they do assign a teacher for purposes of custodial responsibilities so they make sure the clubs follow school policy things of that sort and that's what occurs in schools which is one of the options I had given here based on the scenario was provided that space the city could offer space let's say downstairs first meeting room to conduct this but again it comes down to the the Constitutional infirmity comes down to the fact that it would be a City Club where it's the city providing this religious education or religious instruction or religious content versus a third party that may be using city property so I just want to add to that and then um um we'll go back to commissioner ston is I I don't agree that we would be choosing a religion because we would not be preventing anyone else from doing the same thing and as far as the school is concerned I can tell you for a fact there used to be a Hebrew Club there not run by by uh Toby but by um Rabbi caller which was not student driven did not have a sponsor they were using that club they were using the facility um and they were a third party but I look at it as very similar to karate or the Russian theater Club if we we have other people that are not city employees uh come and run those uh programs for us um but they're we're not forcing anyone it's not a matter of forcing anyone it's the fact that you are offering it you are essentially choosing you you are you have decided as a city let's say you go for with you've decided as a city that you are going to be instructing children with regards to religious content and religious prayer it's going to be Judaism you've chosen that that's the selection you have made regardless of whether someone is compelled to do it or not you're showing preference for one religion over another and it's not the fact that someone has come forward because that would be different if you have let's say as the commissioner Stan's point you have the priests come and want to do catechism or you have Mrs Baron coming wanting to do the Hebrew Club it's not a matter of them coming to you to do it here you are choosing as a city to create this so that's why there's this first excuse me there may be others after this one well correct which would open up the door to have it be less of a but this is where you get into where but again that's based on people coming to you here you're creating you you are creating something and you've made a decision the next time you would have to create it you would have to create the Christian Club you would have to create the Hindu Club you would have to do it you can't just wait for people to come and actually do it for you or suggest it to you this is a City Club that's why if you do it in a custodial capacity like the schools do and the library does to a certain extent um you allow it's the same thing you allow the space it occurs it can be here at the city you you you offer the space whether by you know rental agreement by cost or no cost and you have the same service that's provided the Constitutional aspect comes down and when you make reference to let's say the Russian Dan or theater or that doesn't invoke The Establishment Clause all right so let's and then on the flip how about the egg scramble we have the egg scramble coming up that's clearly an easter event true and I'm going to be careful to comment on things the city has done in the past on certain things okay I'm just going to leave it that way um certain things and we we've talked about it before like with uh holiday decorations again another line of cases has addressed that because especially when it comes to let's say egg scramble if you know anything about uh Christianity I do it's very very SEC eggs Easter Bunnies everything else very secular you go to a Catholic church or to a Baptist Church they're going to be really that it's not about eggs it's not about Easter Bunnies it's about Jesus right um right the eggs is symbol right well it's not so no it's it's not really a symbol of Jesus Christ but in in any event if you go to um even to Christmas a lot of it they've dealt with it as and there's a series of cases we're not going to get go down this R this Rabbit Hole necessarily because it's again it's another huge line of cases same thing with monuments same thing with uh um invocations same thing with they all have different lines of cases here you're touching upon though offering a service that actually will educate children in the way of religion and that clearly regardless of what standards you used for the last 50 60 years even back to the founding fathers it's never been a function of government to provide this kind of education okay so from a constitutional standpoint that's the infirmity but to commissioner viscar point there are ways I don't want to say around it because that sounds nefarious but there are ways of doing it where you can have the same service but do it in a way that it doesn't put the city at potential uh in har way ultimately like like you've said in the past it's it's the will whatever the will of the the commission is so I I want to I want to hear from everyone else I I just want I want to add something um to Jerry's point that if we do it it opens up the door for others and it would make it okay I I completely disagree with that just like Aventura doing it doesn't open up the doors for us in my opinion because if it's unconstitutional over there even though they're doing it it's unconstitutional over here other people doing it doesn't make it legal a lot of people wanting it doesn't make it legal right uh the egg scramble I I I think this opens up an interesting conversation because we probably should really look at all of our programming and see what needs to be reconsidered because I think historically we've all done you know what people want and it's been nice and and it's and people are happy and and we don't think about it because we have our own um pers perspectives right and nobody's complaining and it's fine uh but maybe we should really I I don't think the egg scramble matches because again there's case law around that but if it's problematic for people we can reconsider the egg scramble I haven't heard anyone complain just uh to expand for other holidays that's my only uh what I've heard is if you have one you should have more for the other okay um just to finish my my because Alan mentioned the founding fathers so in the Preamble of the Constitution it says we the people of the United States in order to form a more perfect union establish justice ensure domestic tranquility provide for the common defense promote the general welfare and secure the blessings of liberty that's the second line written by our founding fathers speaking about blessings of liberty and I think this we're talking about the liberty of doing this for a people and I think the the word blessing is pretty much a religious word in the second line of the Preamble of the Constitution and this is known by everybody $1 and what he says In God We Trust so I think the the connection between government and and God or religion whatever you want to use it is everywhere including in this $1 bill so um and it's a request right now it's not that we are choosing to teach Hebrew to the people we do actually have a a request from from um Toby Baron is Baron to she wants to do it so it's not it's coming out of our head We There is a request so it's not we are choosing to do it somebody come to us because she want to continue doing it what she's been doing in the past no and it and it's it's a wonderful thing the issue comes down to the way that it's being proposed it would be the city it's not Mrs Baron coming to do it it is the city's program not Mrs Baron with regards to the money in the Preamble that touches upon again that whole series of cases dealing with the historical no no it is and no doubt that's recognized in the case law dealing with those things so for example invocations invocations have been permitted because they're not seen as an endorsement of religion the one caveat though is that the courts do require as we do here that you invite all the nominations and then those that come that want to do it do it but you still have to invite all invocations and that's based on if you go back to again the founding fathers the courts have looked at it there's certain Traditions that uh either honoring a particular Monument or uh the invocations where a private prayer is used to bless or impose a blessing upon a con a conial body it's not the city actually taking that on now if you as a city would say Well only Christian prayer that's the only kind of invocations we're going to have then you get into problems right here the problem is that you're not just issuing a blessing here you are instructing and that's where the courts have taken particular attention when it comes to education um and again you're talking about 60 70 years worth of debate in courts that you know obviously we can't replicate here today but uh it's I was talking to commissioner viscara and you know in law school you you can dedicate an entire semester on this issue and you still don't cover everything so look I I don't want to uh be L I want to hear from everyone but I do want to again just as a reminder the the government does sponsor religious education tax dollars pay for Religious Education on a regular basis that's a whole other line of cases too on the vouchers with with the argument of government sponsored uh education of religion it is happening but anyways enough with about vice mayor please what what do you think so um I'm just trying to think of ways of perhaps um we could sorry not not not us the city obviously there's the um the thing about constitutional law both um federal law and and and Florida State law about separation of church and state so you had mentioned um uh Allan uh perhaps some some solutions uh that we could consider I understand the entanglement issue where you know we cannot expand resources City resources or government resources to support a a religious activity um you know teachings Etc so I'm I'm just trying to think outside of the box of of what can be done and I know in your memo you talked about perhaps renting a space um allowing uh for this Hebrew school to to use the space and um you know I think we need to be mindful of separation of church and state but perhaps look at some solutions that we could discuss I mean obviously we're not going to come to an agreement here I think it's a complex uh matter um and and I'd like to see if perhaps you could set shed some light on on some potential Solutions the solution essentially was just as you stated where you act in a custodial what's been referred to as a custodial function as the Miami day County schools and all school boards do where you're allowing this club to occur on your premises but you only have a custodial role where you're providing the space there may be a staff Point person to make sure that you get in correctly there's enough seats uh you know you have the right tables things of that sort but it's not the city putting it forward it's actually a private third party that comes in um to ask run the club and have it here where it's not the CDD that's actually putting it on that's that's the distinction and that's where you can take it out of the problematic constitutional side and and have it still occur and probably in the same beneficial function except that the city has sort of a hands-off the way the schools do where it's custodial only well before I I I pass it off to to commissioner um uh Joseph I just want to clarify um for everyone what we're talking about the idea is to incorporate it within the case program so that the children that are already there physically can participate in this if they choose if it is separate from that then it prevents those children that are in that program from participating because they would literally be you know two blocks away from each other so the idea is to incorporate it into our programming as part of our programming um so that it makes it easier and more accessible that's that's what we're talking about not necessarily whether we can do it uh or not but finish your point so then we can hear from I I have question so let's say we the we the commission vote on favor of this it's it's something will be in favor and it'll be in contradiction with the with the um with the law how does that work I disagree there are traps that you have to sidestep there what I'm sorry there are traps in in the Constitution okay that you know we would have to uh set up no I'm just asking the question I just I'm thinking about it so right so that's what I'm saying if we voted to move forward we would have to sidestep those traps in the organization of the club and the way that it's set up and managed in order that the city doesn't get into those traps and that would be something that Allan that's another discuss again answer to your question if you go forward with it again and you all know this very well all I'm here to do is offer advice I don't make decisions you don't have to listen to me um but if it does occur and let's say someone challenges it um with respect to the fact that the city may be violating constitutional law you you could get sued unfortunately have been in different contexts and on the wrong side of that with the ACLU and other organizations that take exceptions to these things there are individuals out there that look for these things um so that's the exposure you have typically in those types of cases attorneys fees are to drivers um where nominal damages typically if your constitutional rights as a resident are violated because the city somehow violated The Establishment Clause um the the damages themselves are usually very nominal anywhere from a dollar to anything where it hits you is the attorney's fees because then they're entitled to attorney's fees if they Prevail so that's the exposure that you know you're essentially facing has anyone been sued for having a Hebrew club I'm not that I'm aware of but again I only know of Aventura having the Hebrew club right yes I I think that we have a lot bigger exposure with egg scramble and and Christmas trees and those sort of things and having there's case law for that I understand that let's let's cuz we're already at 3 50 what I know you wanted to go last well I would just like to say that um in my business I um deal on a daily basis with case law and Stat defining statutes and um I read Allen's um definitions and um you know his uh memo to us and I believe like I said to um vice mayor llama that there are uh traps in the constitu and uh the the Florida Constitution that need to be sidestepped but there are methods of sidest stepping those and I believe if we vote to move forward which I am one of those votes to move forward that um there are ways to have this set up in a manner that um would be um you know palatable to all and if we have another group that comes forward uh we would in the same manner um satisfy those needs so okay because we I I do want to recognize that uh we have other items on the agenda it it seems to me that we have a consensus so what is it that we need to do um Mr city manager in order to facilitate this well based on you know the general consensus we can move forward with the next step and discuss the parameters and the budget of implementing the program okay hold on consensus on on on moving forward with this okay as presented as presented or or are we going to we're going to discuss a solution where where we could probably perhaps implement this in a way where we're not entangled um religiously and we're not going against the Constitution I mean I'm just trying to understand the context what what the only way Ed by by you we're going to have a program that's within I'm not our case I'm presenting it on behalf of of the resident so this is my program let me clarify that uh the the program would be uh very similar if not exactly like the program that uh Toby runs with the library understood okay which is advertised by the library and and it's going to be it's going to be part of our uh City programming case programming case programming okay and the implementation so that we don't fall into one of those traps is um all in how it's set up and managed well that's that's the key though we that's the key how we set it up I mean uh there if if you do go forward with having it as part of your CARE program there is no sidest stepping or any sort of uh way to manage it where you are getting out of constitutional entitle uh con constitutional issues so that's where I think it's either you move forward like intended or as proposed by Mrs toin or or you don't or because otherwise there's really no way to craft it where if it's part of your CARE program it's part of your CARE program right so what I what I'm proposing is that as as presented the same way that she does it at the library is for that to be what she's allowed to do for no cost she's willing to do it for free although we would charge for the children to facilitate it um and that's what I believe we have a consensus on am I correct and and not to be argumentative but I just want to be clear that when I spoke to Mr Baker through Hector well his information was coming through Hector that what occurs as the library is a sort of book reading club there's no it's not a Hebrew club and the director was very clear about that because the library wouldn't allow any sort of religious content in that cont context and that's what he told me okay so the the Miami and and I do want to stop the conversation because we keep going on this but the Miami day County Library offers programming not necessarily just here for for Passover for Christmas for Quanza for Easter these are all advertised programs by the Miami day County Library for right but the direct but this is different this isn't just about a holiday this is you're going to be instructing children how to pray you're going to be instructing him from passages from the Torah things of that sort it's a different type of again just based on my conversation with Mr it would be like I said it would be whatever it is that she's doing already it's not it's not a Hebrew SCH that's not what was presented that's not what's in here what she's currently doing right now but that what was presented to us is not what she's currently doing in the library it is what was well I don't know what currently doing in the library means what was presented to us is religious instru instruction reading from the Torah and crafts if I I have I have okay okay so so look okay I I I do have the email from Mr Baker who represent Who quotes Miss Hector with regards to what occurs at the library if you want me to read it no no I do not because I don't want to keep going with this I I want to get a a sense from from this commission if we are comfortable with what is already accepted at the library to occur within the case program that is you know so whatever that may be what has been happening historically whatever they're doing there to allow it to happen at Pelican Park so what's happen are they reading from the Torah in the library yeah no they do not read from the Torah not all right are we doing prayer in the library yeah that's what I was ask I don't know is is the library connected with the case program no no no again the the director explains precisely what they believe occurs it says it's a story time that uses books pulled from our own shelves and the craft is usually something like making a paper hat it's done in collaboration with the local Shabad we do enter into communico I guess it's one of their systems as a collaborated program but it's far from being a religious lecture of any kind I'm usually there at the start of the program and it's open to all and everyone when it's a major holiday such as Passover Etc we might emphasize it since New Year just passed we emphasized yesterday's program as a New Year's for trees program as well and that's what was characterized as what occurs here at the libr I just Mr city manager do you have what you need from us because I know that we can probably go on about this is a Hot Topic and this is you know right and I and I think I'd like to maybe put that in the form of a resolution bring back to you okay craft it that way so we can Define some of the parameters that works for me yes okay thank you okay so we can move on all right thank you all right so the the next item where the next item is the Pelican community park hours okay so this is uh again this is my item um that was at the request of um some parents um some of them are here today thank you for coming um regarding the park hours uh at Pelican Park and uh for those that are watching or don't know we uh as you may know work very closely with the school so the uh the school uses our facility during the school day um the the playground the the gym the field and uh at this time it's completely open because it is a public park to to the use of anyone that that would like to go there including the bathrooms uh not the gym but uh certainly the playground uh there was concern this has been a conversation for many years actually kind of goes in and out but there was a recent concern from parents uh about persons that were you know able to access that the area and um you know safety issue a huge safety issue so rather than reading my memo I'd like to read from the email that I believe all of us got uh from Miss uh Bridget Jones who's here thank you very much um my name is brid Jones I a parent of four at N sibk8 I volunteer frequently at the school and spend a considerable amount of time at Pelican Park every week the purpose of this email is to revisit the ongoing debate regarding the temporary closure of Pelican during specific hours and to allow our school um to utilize it exclusively Sunny Al's Beach Parks are valuable Community spaces that offer recreational opportunities as a parent my primary concern is safety of my children the temporary closure of P park for exclusive School usage during a specific time frame and specific days increases the safety of the school aged children uh when a park is closed for exclusive School usage the school can have better control over the environment without additional security or Personnel um in I'm paraphrasing here a little bit in the event of an emergency having exclusive School usage of the park allows for a quicker and more organized response um additionally Parks offer a unique Outdoor Learning environment that can complement traditional classroom settings balancing the needs of the school Community with the Public's right to access public spaces is essential closing Publican Park temporarily for exclusive School usage will not limit our s Al's Beach residents usage of parks as we have a plethora of them um particularly marelas which is in close proximity so the idea here is um the the actual facility Pelican would not be closed to the community um just the the playground the restrooms and and the field uh would be close to the rest of the community and you know especially I think we've we've actually I think this conversation first came up after the tragedy that uh the anniversary was yesterday of U Marjorie stowman Douglas um was you know how do we Harden um our spaces so that you know our most vulnerable residents are safe so um yeah um what do you what do you all think about that okay when we talk about closing exactly what is it what is the proposal from when to when what are we talking about so as far as I understood from the parents and I don't think that they're actually uh they have different ideas about what this is and and you know we have spoken about this in the previous years um in fact I think there was even a solution proposed which was to have a separate exit and then to allow others that don't use the park so it would be during school hours which means from 8: to 3: okay that totally unacceptable the only compromise we can have is until 1:30 why because the parent that have two kids and they come we know that the dismissal of the kindergarten in first graders is at 150 then the all the children is at 305 so and we have many parents that have different like different age children so let's say as an example like a parent with a kindergartener and a second grader so that parent comes at a 30ish to pick up the kids and then goes and sit down in the playground to wait for the other siblings so if we close on through three we are going to have all those parents or caregivers grandparents whatever we want to call them with those little kids running around or sitting down around the playground in in Pelican Park without having really a place where to be not only that just remember uh I had the pleasure of sitting down in that playground for almost like 10 years with my children and I said the pleasure because it's also a privilege to be able to do that with your kids so um and actually I met some here in the commission some of the people sitting down there during those during those times so um it is it is a very good setting it's a very good Dynamic the kids are playing uh they don't have a real recess like we know like only the kinderg gardeners in the first graders they go for around 15 to 20 minutes to the playground every single day weather permitting otherwise they don't have any other time to actually socialize many children when they come from uh other countries and they don't speak with the language or they are falling behind they don't even have PE because they take that time for extra reading extra math Etc so we have our children from eight to three in a very much um educational setting like traditional Education Without that social component so that hour that they can have in the place playground to to to run to to do everything that a child is going to be doing during those times uh I I don't want to compromise and take that away from from our kids from our parents from our people I do believe and we having this conversation actually for 15 years now about um not feeling so secure in the when when the children are going to the playground and actually even the the playground as as it is has changed we don't we didn't used to have that fence that we have right now Etc and it's because of the concern of the community so I get it and and my child is going to be a kindergartener this August so anything safety is even personal for me but my point is that uh we cannot take the the the right the freedoms of our people to sit down and there and wait for their kids I'm for closing from the the beginning the 8 in the morning until 1:30 but after 1:30 I think we do more more of a harm and a disservice to our people so I and this is again you know you and I have talked about this for years now and so I don't disagree with you my only comment to that and and again I'm just bringing what you know the parents wanted is um you know the kids the older kids use that area uh at the end of the day and so that combination of the little kids and the older kids I I always has made me very uncomfortable and it's the you know the bathroom is something that is really important for for me for them to be able to use so that it's not you know you don't have the intersection of those little kids and then the older kids going to those places so I think that you know that's why I want to have the you know this conversation I I I wanted to just quickly ask this the city manager as far as I know that you've spoken to to the Chief and and you have I'm sorry no um yeah this no than so so the older kids they get out at 305 so so if and the kids the letter ke my point is that precisely what you're saying if we allow the little ones to be from 1:30 to 3:05 there alone which they're going to be because the big kids are not out just yet um I I don't I don't see why we need to close until three at three then you're telling me you are going to open for actually everybody including the big kids so I if we we we can perfectly be close to 1:30 again um and when we talk about the big kids I also have big children and I don't like to to talk about the big kids as like if they're bad by by default uh we we have had um good kids and bad kids and that's going to always happen over the years uh and I said I've been sitting down in that playground for a long time and the big kids actually help in in in are really good with the letter kids do we have incidents we always have had incident we had incidents so they be some sometimes kissing sometimes fighting yeah they're they're human they're letter they're growing I think that's part of that process so yeah do we need maybe to have more parents there taking care of their children and not just let them them run free but that's a different conversation about closing the the the playground H for the public and another thing another point that is really important the People needs to know that when it's going to be close it's going to be close for the Bad actors it's true but it's going to be close for all the parents as well so you guys anyone who's asking to be close don't believe that you because you have the the the T of being a parent you are suddenly allowed to be there nobody no one is going to be allowed to be there good people bad people Etc it's going to for the children so be careful what you are asking for because it's going to take everyone the the right to be there including parents and caregivers so you're going to see from outside of the fence the kids in the after care running around and they're going to be having a good time and they're going to bring the reindeers actually in Christmas Etc and um and you kids cannot be there because you're going to be on the other side of the fence so we need to be careful what we're doing no I and wait a second I just want to do I have a consensus that we continue because we're well past we're past four o'clock i' just like to mention something wait wait like one of do we have a yes are we okay is everyone okay with continuing yes okay um okay one second please vice mayor I just want to mention that I it's not suggesting that the kids are bad it's just as older kids do they sometimes have different language they sometimes say things that we don't necessarily want the little kids to hear I just wanted to hear from the city uh manager and then um commissioner Joseph wanted to go next if you don't mind yes mayor I have had this discussion with the chief and as always the chief and I we prefer you know security and hardening our facilities at any option so okay that's just what I was going to say actually that I'm not for the closure but I'm for more security at the park I've received uh numerous emails and phone calls and everyone is regarding more security at at Pelican Park so if that could be accomplished that would be wonderful and I believe it would um cure a lot of the um emails and all that were receiving so I just want to get clarification because if if we were to and I'm not recommending that or suggesting that we should but if if you had a security or even you know police you you can't prevent people from being there if they're not doing anything is the point you can't kick anyone out it's a public park unless it has to be open okay so any you know the the complaints we've gotten would it wouldn't solve for that let's just say that I know here let's let's uh as an example we have career day coming up so we all know that we've been in classrooms and um kids kids are boisterous they you know when when I was in the classroom on career day if there was a a substitute teacher and that happened to be a substitute teacher in that class I basically had to be the teacher keeping the students right everyone knows right that that I had um one uh kid come back from uh the restroom and before he sat down he slapped another kid on the head I mean just things like that it's you know we have unruly kids and you know it's just human nature plus also since covid and all it's you know there are social issues and we need putting older kids with younger kids and all it requires monitoring what did you want to say vice mayor yeah I was going to repeat a little bit of what um commissioner Joseph said Can Can we increase Security First before we uh talk about closing the park um you know I've been there many times I've sat there with my kids waiting for my other kid to come out of school I've enjoyed sitting there a lot and um obviously is a park that is for the entire city I understand the security concerns but if there's a sec security concern can we look at ways to increase security where um we mitigate the issue and if it doesn't mitigate the issue then we could have another you won't be able to stop and this is where that's the whole point there is as far as I know nothing illegal is happening at the park the parents are concerned that there are adults coming to the park without children and are sitting at the park and that's why we have security you can't kick somebody out for just sitting there understood underst understood but that's you know you have security to prevent anything wrong from happening what did you want to because then you you're you're you're you're keeping other people people out that would like proactive to be there with their kids grandparents uh that would like to sit there wait for the other child to come out or after school they like to sit there you know and um you know just have some fun with with their children or grandkids so I I think we need to discuss this perhaps we could you know um look at increasing security so so obviously people are more at ease I understand the issue because I mean I I've been to the parks all of the parks many times spent a lot of time there um so that's my my opinion I think we should perhaps look at increase in security I don't know if it's a CO collaboration between the school and the city but maybe we should have that conversation I think it may needs to be more like a hall monitor we need we look into that again I just want to remind you it does not address the concern that the current group of parents have but uh commissioner vCard if you can I just had a a question for uh commissioner San because she said you you could be somebody like watching the children in after care but you can't come in but but it would be open to everybody during Aftercare hours right if yeah oh okay so because the after is start at 150 when the little ones get out so if it's close until three oh I see what you mean my my my what I'm saying is that then you're going to have the care kids in the playground or whatever inside the campus that is closed and everybody else that got actually kick out because now they cannot be inside because it's closed until 3: they're going to be on the other side waiting until it is open at 3: or whatever it is the time yeah I had misunderstood you yeah that that that is in another personal note um my 50 years old boy is the babysitter of my five years old boy so it is it is about education about the home so boys also 15 years old boys can be very good with their little ones as well so it's not always that they are running on top of them or whatever right no no and that's not what this is the concern from from the group of parents is not about the older kids or um about anything that's illegal it's just the the the separation that they have requested of not having um outside people outside of the school to have access such close access to their children their children are in school so I I you know I don't want to continue with this I just wanted to ask the city manager do you have enough information from us to move forward to to perhaps you know sit down with some of these parents to try to work this out because um you know this is certainly not something that we should be solving you you know you can come back to us with a recommendation yes mayor I'll be I'll be happy to sit down with any of the parents that want us to with us okay all right thank you all right are we okay continuing on yes All Right Next item please next item is 3C donations to 501c3 is not proit organizations yeah so this basically stems from uh last year where um donations coming from the city where were cancelled or paused and I think that we should consider uh implementing donations again I think the city's in a good financial position where we're going to be able to help nonprofit organizations people in need Etc but obviously there was a reason why those donations were paused um I think we we lacked that criteria uh we lacked um you know very clear uh policy on how we should choose and donate money to to entities so I just wanted to bring that up um I believe that we we are all in agreement that um we are in a position to to help you know some some nonprofit organizations but obviously there's got to be a set of rules and criteria that are going to be implemented and are going to be the constructs of our policy I think there should be an application process we we we do have an application so that way we could vet these uh organizations obviously organizations have to be nonprofit um there's got to be a percentage that is set that um a percentage of the overall budget percentage limits you know an amount um that is um that is destined to one single organization um we got to talk about repeat donations and then also we got to make sure there's no conflicts of interest so these are some things that just come to mind but obviously um you know I like to see if um the rest of the commission is is is in agreement and then we could uh continue this conversation okay yeah go ahead so yes I would I would like to agree that uh we need to set parameters so that we can gauge one request against another and um yes I I had some um uh dissatisfaction myself uh over this past year with the process um I believe that there was some requests that should have been met that weren't and um I look forward to resolving this issue um if I can get just clarification from the city attorney because I know that this came up um again back to the this the standard of of having a municipal purpose um does anything preclude us from doing something like this no I mean you can certainly set up some criteria it may be in the factor of you know what criteria or I I think city manager and I were going to work on that I think we came up with a quick list last time to expend the money that was left over before the end of the fiscal school year um but certainly uh you'd be permissible to do that there may be some that are impermissible you know if you I can't think of an example now but there's some that may not have a municipal purpose uh generally you can usually find a municipal purpose but um certainly that would be one of the criteria um but uh no I don't think there's anything that would preclude you from doing that again Dara mentioned just under again to commissioner l was point last year that uh we can't give to religious organizations but beyond that uh pretty much as long as it benefits your residents and there's a municipal purpose that you deem exists you're fine okay well I I think that for for me the concern is you once you open up that sort of Pandora's Box then you get everyone coming asking for donation so that becomes challenging of if city manager would like to chime in please yes mayor I just wanted to to share with you that last year when we I guess when we started giving out some donations we were bombarded with I was having requests for donations almost every other day and so the donations ranged from now up until including recently anywhere from you know a couple of $100 to the last request was for $66,000 so it's such a a very wide parameter that that any of those donation monies were not budgeted for this year so if it's your desire as a group for us to go back I can share with uh the City attorney and I did have some discussions about it but we would have to come back to you with some sort of budget amendment going forward if that's your direction to us and then as part of that I would also like to build in that any of those requests if this is your will come back to you ultimately for approval yes so that there wouldn't be you know I don't want it to be an administrative process where where it ends up well that's that's my concern as well I don't want it to be ours either because I get requests all the time mostly for in-kind donations wanting to use Gateway Center uh for for various uh events and so it it's it becomes very challenging and I would really defer to to staff to to make a recommendation of what's the best way to go forward because I I don't feel comfortable doing a budget amendment if we were to do this I would want it for the next fiscal year but what commissioner vcar what are your thoughts well I had um recommended criteria the last go round I think it was um that it's obviously the municipal purpose that it' be a 501c3 and that you're not donating backto back to the same organization so they don't become dependent on and that we are not just essentially funding an organization um and I don't remember if there was a fourth one but that's that's what I recall so I'm I'm okay with our criteria I I would favor here's my thing here's now I don't want to go into a whole thing with the budget because you know but we shave the budget down to be able to justify Bringing Down the millage which as you guys recall I did not uh agree with uh and so if you're going to do that then you take your medicine right you don't get to like lower the millage and and and pat yourself on the back and then am amend it as as we go along like this is this is one of the things that was sacrificed to be able to lower the millage so if you if you want to give donations you give it uh when you account for in the budget and I would say that for just about any other amendments that we would um that we would recommend um and and you know and it's unfortunate because we have the money right the money is there if I just if I would like to hear first process is process let uh commissioner ston nothing okay go ahead vice mayor so I I would just like to add that yeah yes obviously this will be for municipal purpose and um and we're talking about $50,000 so is not like it's going to be a huge budget amendment if we do decide it to do it this year and regarding the let's say um the operations part of this you know the administrative process of it you know we'll have to consider this on a first come first save first uh first serve basis um once we open it up I understand that we're going to get a flood of application ations and we will have to us as a commission decide which one is the most worthy one or the uh entity that has the the the better need let's say or the the the the most need so you know it's going to be work but then we got to think about it from the other side that you know you have these organizations that are doing great work they're helping people and they do need some assistance so we got to look at it that way too and that's the purpose why I brought this up um it's going to be work but I think it's going to be worthwhile that we do that because we're going to be helping people in need so we got to look at from that angle as well if I may if I may okay so we are going to talk about something in the budget in the 6:30 meeting but coming back about the millage rate in saying that we we have to shave it down um if we knew like we are going to be discussing at at 6:30 that we are going to we have to do an adjustment because now we have extra 10. 343 923 million dollars 10 10 plus millions that are going to come inside now the budget maybe that conversation that we were having about 1.6 is going to be silly of the millage rate so but we are going to be talking about detail about this later on today I'm going to give you guys my take about this but yes right now we we we were supposed to be in 113 and we are going to be in 12 123 so but this is going to be coming later today so um we we have to be a little bit more involved and I wish the people get involved into the budget a um when we're going to be talking about budget and the discussions because um it is important so I'm going to leave it there so I just want to because uh it's already 4:30 I I want to see if we have a a consensus to to do a a consider a budget amendment for for uh donations uh I I am not supportive of that but obviously it's based on the the uh the will of the commission so how does everyone else feel about that so I I would be for it but I think because we have so many organizations coming forward I think we have to have some guidelines as to um maybe within a quarter of the year and then we're finished with them we have to have some time timeline it can't be throughout the year because then we're just first of all we don't have a large budget for it and you know we no budget for it right okay yes but if we if we um you know add a certain amount for donations we have to um have criteria for it yeah the criteria and the time frame for for um you know the requests um that we have it not be throughout the year that would be those are details that we could discuss but yeah yes I I I think the question is is there a will from the commission to right that's that's my question so I just so for me I say yes me too for this year for this year year okay and so I'm I'm a no just so that it's clear commissioner viscaro I'm leaning no um okay so then you're the tiebreaker I I have to see what is the proposal and the recommendation from the stuff so then explore it then yeah okay do you have enough from us to be able to or you need more I I think I have enough to I I think based on our discussion what I will do is bring you back some sort of a resolution that establishes the parameters of a donation policy I think we start with that sounds and then we can move from there okay all right perect all right are we okay to continue we have two more items yes yes everyone commissioner viscara yes I can't vote against myself all right go ahead 3D is a discussion regarding the increased compliance for the motorized scooter ordinance yes okay so oh Susan stand do you happen to know how many uh people now have registered their scooters I know it was a low number I believe I was looking for um let's see I think it's somewhere around 220 people total yes so and um any guess as to how many scooters we have running through the city that I know there are so many I'm sorry I do not know the answer that okay so there are a lot of people that are now not in compliance is that something we can all agree upon so are just so we get clarification ification can you just remind us of the the timeline as far as when when the the when we created this this uh ordinance what was the expectation as far as what happens um within the um the educational time frame yes so our initial approach was to provide some information through social media and other measures that would let the residents know of the registration process and then after the education and I think the police have been very proactive in their approach to letting people know the requirements that we were looking at towards the end of March to actually do some enforcement right so Education First yes and then enforcement more towards the ends of March the end of March okay so from this time forward we need to uh maybe emphasize more the the real need to get people in to register their scooters that's what we're doing correct yes yes okay we are proactively right perfect okay Mauricio the next item mayor is item 3E which is uh discussion supporting a letter to Florida representative basabi regarding the Florida house bill 437 as it relates to anchoring limitation areas yes okay so this is U my um discussion item and apparently Sunny Isles Beach was left out uh from this bill um and what I was told is that because so many cities were interested in being included that um we have to submit for our city to be included in the next session and we also have a change in house um speakership um for um someone who is more Miami based which would um I believe lend to our inclusion in uh the next um additions to the bill so I'm asking that the city comprise a letter to um representative basabi and to the incoming speaker of the house uh for Sunny Isles to be included in this anchoring Bill anti anti- anchoring bill can um Mr City attorney what is this anchoring what is the bill and how would we participate in this so the bill deals with anchoring limitation areas which uh dumfoundling bay is not one of um counties can create uh anchoring limitation areas so just as an example um you can only anchor for 4 5 days within a six-month period I believe it is so it's twice a year for no longer than 45 days um the only drawback to that is that those are typically advertised uh once created because they're created under florer statute by counties so if we're included it's fine we have regulation power at that point but they're also advertised so you may end up having you know people coming to Anchor but um essentially correctly only areas that are the the changes to the the statute this year is to um change the way the uh Exempted areas are listed uh in the bill and if we were to be included the county would have to essentially be agreeable to us being an anchoring limitation area which I don't know that they wouldn't be and then um from that point on we'd have some ability to regulate under Florida statute right and if we don't um present this bill uh our our letter to be included then uh we're left out and we have people um anchoring out in our backyards in on a continuing basis the same as we have now right they they'll just under the an anchoring limitation area they will be able to Anchor by law but they'll be limited 45 days at a time I believe uh the statute uh the um statute that's uh working its way through is less than 45 days isn't it oh the one that I pulled had 45 but it it changes as it goes exactly they may the the they may have more information than we do all right this is for next year that would be for next session correct well I I would like to first see it see whatever it is that's being proposed well you've already you uh received it in the last uh commission meeting the bills it was the FWC Bill no it's the current bill but there were going to be additions each each sessions for cities that want to be included so if we don't present then we're not included for the next bill okay but so we have to present ahead of time all right but it's a 45 day limit for anchoring yes no that's I I don't believe that's the case it's going to be it it under the statute again the only changes being made are to some locations and it also has to do with um uh the filling of uh uh vessels uh with uh gas cans um that would not be allowed that's that's an that's the other bill that you WC bill so it amends 327 4108 which basically says that again a county can establish anchoring limitation areas and then you have to move within a mile I believe so a person may not anchor a vessel for more than 45 consecutive days and a six-month period in an anchoring limitation area established pursuant to this subsection so I can I can provide you copies of what's currently out there again to whom you're speaking with they may have more information than we currently have as to what they're proposing uh the uh day limit is being um also changed right so I we wouldn't have access to that but I can provide what what's out there now yeah but right now it's 45 days currently yes right okay so um but we are not included so the letter would ask that we be included in the next uh proposal which would still be 45 days though well I'm working on it all right so I I don't not exactly would does anyone have any questions I'm not exactly sure what what we would be sending then we would be sending a bill asking that in sending a bill well a letter a letter asking that in the next um update to the uh stat statute that Sunny is Beach um air water uh areas be included dumfoundling Bay being one of them um included in the anti- anchoring and anti- um uh fueling bills I'm okay with I I'm looking at the City attorney and I just want to get clarification on what that would look like uh it it's hard to tell again we would have to be designated an anchoring limitation area which we are not um so it wouldn't be necessarily through this bill we still have to go through a process with the county to be an anchoring limitation area again I don't know what changes are going to come from here to there currently the statute says 45 days twice a year but uh again I can forward all that to you and you can take a look at it if you want okay so this is not something we need to do today I well I would like to get it done today to have um the commission vote on it and have a letter prepared we not we're not voting right now we're just discussing but yes I to move it on to uh this evening's session in order to have a letter prepared and go to Tallahassee as soon as possible so that it's there I don't I don't have enough information to be able to even say yes or no but um it's quite clear as to commissioner so I don't I don't think this is something that would require a vote anyway Jerry but I would I I would support the the goal right to have the city included and to make us you know want include us in the county list or whatever right now it's only Miami Beach that's included so I mean we I think we can give direction to to take steps necessary to to make that happen and if that happens to be a letter or whatever then that's what it is that's what I we none of us have anything like in front of us I know you gave it last month but I didn't realize it was connected so um um but we could do that right we can give direction to move it make that happen and if that includes a letter so be it yes but it wouldn't be anything that we vote on it's not a it's not a resolution okay so we would be giving them direction to have a letter prepared to send to Tallahassee and whatever else right because do we need to be part of the county well again that that's an involved process you'd have to make applic because counties are really the only ones that can create these um these these anchoring limitation areas do we have to do that first but these are state waters aren't they Thum family state waters right but they they through the inter Coastal system again I have to look at it again but it is County created and just including us in the revisions to 32741 wouldn't necessarily so how how did it work that Miami Beach was included cuz they were already they're already an anchoring limitation area and it's not all of Miami Beach right well whatever was included did you want to say something vice mayor no no I'm just trying to understand um so it looks like there's a process where we need to write to this County or the state no it's it's actually uh it's by ordinance but by County ordinance but again if they already have one with included areas they may be able I don't know what the County's process would be in that regard right so why don't we look through to get to understand understand the process right well I'll be in favor of having that designation and going through the process and making sure that people don't anchor there for longer than x hours so obviously there's no you know um Hazard or there's no uh noise to these houses or whatever they emptying their uh whatever they're doing is not um you know hampering us as a city or or Waters or whatever it is because the current the current um proposed revisions would make the sections of biscane bay Miami day County that are within 200 yards of any part of the shore of the city of Miami Beach lying between State Road A1A and state road2 to be uh grandfathered in as an anchoring limitation areas okay so that's what we're looking to have in on dumfound day so I you know we can try to summarize it and distribute it to you good all right so I think we're we're good we have now our our I thank you and uh if everybody would please like to join us at 6:30 uh we'll do this all over again corre thank you okay --------- everyone Welcome to our city Commission meeting uh I see some new faces so I just want to uh remind you all if um if you would like to speak on any item um there are speaking cards in the back so Mauricio commissioner Joseph here commissioner cyers here commissioner rcar here vice mayor llama here mayor fetchin here all members presid great everyone could please stand for the Pledge of Allegiance David you want to lead us again thank youed allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you is that m there invocation please welcome hi good evening everybody it's great to see you all dear God Master of the Universe We Stand humbled before you this evening as we recognize all of your blessings that you have bestowed upon us we are mindful of the fact that you have blessed the city with wonderful leadership Direction dedication and guiding Spirit which has resulted in the many successful achievements over the last 27 years we recognize that we are gathered before you this evening in pursuit of fulfilling your wishes as you dear God empowered Humanity with seven basic universal laws after the great flood of Noah these laws were once again reaffirmed by Moses at Mount Si to be taught to all of humanity universal laws that provide a framework of law order and Justice which will allow Humanity to settle the Earth in a civilized manner we recognize that we have been we have been entrusted by the citizens of Sunny Al Beach to perform this sacred Duty almighty God please provide us with the Consciousness to constantly be aware of your presence so that we are consistent to our mandate please grant us the wisdom intuition sensitivity and the patience necessary to succeed so that we leave a legacy of having a positive impact upon Society for many generations to come protect our police force our servicemen and women serving domestically and overseas in the name of freedom and democracy please give them the Peace of Mind insight and intuition to be successful please guide our city staff to make the right decisions with honesty integrity and knowledge for all of our citizens into the future and may they continue to serve as positive role models for our beautiful community may everyone gathered here tonight and all the residents of Sunny Al's Beach be granted with good health peace of mind and prosperity and let us say amen amen amen thank you marce play the opening remarks please yes good evening l ladies and gentlemen we appreciate your attendance and thank you for joining us tonight before we begin there are a few important reminders regarding conduct during our commission meetings please ensure all electronic devices are turned off or set to silent mode to maintain the Integrity of our proceedings mutual respect is a foundation of productive discussions we ask that everyone remains silent and attentive when someone is addressing the commission CL clapping applauding heckling or any verbal Outburst either in support or opposition of the speaker are strictly prohibited any individual wishing to address the commission must fill out a public speaker's card and submit it to the city clerk before the relevant item is announced each speaker is granted a maximum of three minutes should you exceed this time the chair will notify you to conclude your remarks speak directly to the agenda's points remain concise and avoid redundancy should an individual speak without the chair's permission or continue speaking after a warning they may be escorted out of the chambers it is essential to avoid making impertinent slanderous remarks or becoming boisterous while addressing the commission such Behavior may lead to being barred from future commission appearances unless the majority of the commission members present vote otherwise the presiding officer May disallow signs or placards in the commission chamber please exit the chamber quietly and without disruption the goal of our meetings is to facilitate public input and participation however disruptive or disorderly conduct hinders our Collective objective individuals who want to speak on an item on the agenda are asked to fill out a public speaker card and give it to the city clerk before the item is called speakers are asked to speak to the issues make comments concise and to the point and refrain from making duplicate comments all speakers will be limited to one three minute comment per item if you exceed the three-minute allotment the chair will advise you to finish your comment if you speak out of turn without permission from the chair and or you do not seee speaking after one warning you will be escorted out of Chambers in order to maintain orderly conduct and or proper decorum at these meetings anyone who interferes with the orderly process of the meetings after a warning May be removed from the meeting and may be barred from further appearance before the city commission as permitted in s286 0114 fs and ss74 D5 and 74-2 of the city's code of ordinances any necessary removal will be made at the direction of the mayor and will be carried out by law enforcement or designated Sergeant at Arms it is essential that attendees adhere to these rules of procedure to ensure productive meetings that serve both the public and the city commission thank you for your cooperation and understanding great um so again welcome everyone I'm really happy to see so many uh new faces in the audience uh so I'm going to just throughout the meeting remind you to please fill out the public speaker cards uh everyone again has three minutes um Mr city clerk if you could just remember to turn the time on so everyone has the same amount of time and all comment ments questions um are to be directed to me um and not to any particular commissioner and uh we refrain from um saying accusing anyone or or saying anyone's name we just we want to keep the Quorum and what we're doing here is the business of the city and I want to remind you also that we have three meetings a month which you can participate in uh we had one on Tuesday and we'll have one on Tuesday again next month the third th uh Tuesday at 10 o'cl we had an earlier workshop at 330 uh 3 o'clock which you can also uh attend um and then we have this meeting so welcome go ahead and raise you okay the first item on the agenda are the approval of minutes uh for the special City commission meeting of December 8th 2023 and the regular City commission meeting of January 18th 2024 excuse me the December 8th meeting is a special City commission meeting okay I need a motion so moved second second all in favor I okay okay the next item is the order of business and we have a few changes or not really changes but we have some um additional information that was provided for several items on the agenda tonight uh the first one being 10 H which is an agreement with Val Rose for the replacement of the shade structure um at the city hall Annex uh some additional renderings were provided the same for item 10j the design the schematic design for the bellisa park was added and for 10K the zoning map um that covers the area that the zoning and progress would apply for has been included and finally item 7A which is the budget amendment ordinance um some additional information was provided and the memo was revised okay so just to for clarification there was no no actual additions it was additional information for existing items so the the uh the items stay within the same numbers yes um well I actually have a couple of um items of business to uh present wa wait a before we get we have an it yeah can I get a motion for Chang for this so moved I need a second second second all in favor I I okay um so you're you're requesting to add an item to the agenda I'm requesting to present um some information uh for a proposal and I'm requesting to have the time to do that okay any additions to any additions to the agenda we need to we need to vote on I understand so I have uh first of all a couple of um finishing up items regarding the city U the state of the city there were not uh credits given to certain Commissioners and other all wa where's we need to stay on on topic here well I am saying on topic okay so I need a motion for you to add items to the agenda okay so let's add that so you're making a motion making a motion okay do I have a second a second okay what what are we adding I'm um adding um credits to The End stating them now where they were omitted previously to the um state of the city um crediting um Commissioners and other City uh staff who did work that uh should be recognized okay but we're not we don't have the state of the city on the agenda I understand that but it was already given and it's not being I got it all right stated again till next year all in favor I okay okay so in that regard I would like to and because the uh city um state of the city mentioned certain issues regarding the ipal I would like to credit Jennifer vascara wait wait wait we we're not going to the item you said you want to add something else oh okay yes and then I would like to add an issue regarding the U Miami day League of cities dinner that we had on uh February 1st okay so I need a motion for that I would like to yes ask for a motion regarding that that can be brought up okay so I need a second for that I second okay okay yes okay then good all right next item okay the next item is 7A which is an ordinance of the city Commission of the city of sanal Beach Florida amending ordinance number 2023 606 approving budget amendment number ba 232 24-1 to the city's operating and capital Improvement budget for the 2023 2024 fiscal year the general fund American Rescue plan act fund capital projects fund and storm water Capital fund authorizing the city manager to do all things on necessary to implement the terms and conditions of this ordinance providing for an effective date great thank you city manager mayor vice mayor members of the commission this is our first budget amendment of the year and typically we have these when we are assigning purchase order carryovers from one year to the next year and when we met for our agenda review there was some additional questions which I provided you with a memo on that provided the details of those answers but essentially the UN audit un audited fund balance increase of 13 million I'm going to read the first paragraph of the memo over the projected amount seems extraordinary this year primarily due to the reclassification of eligible general fund expenditures to the arpa fund as you may recall in March and April of 2023 you approved a budget amendment that reclassified the arpa funds into a separate account as recommended by our Auditors at the end of our last fiscal year the eligible expenses for each department were transferred to the general fund thus creating an in increase in the fund balance for this item alone in the amount of 4,560 th000 an additional 7.1 million was due to unspent incumbrances that are also being carried forward combine the different of these leaves a true fund balance increase of just 1.4 million which is com comparable to the past several years the balance of this increase is due to fees greater than anticipated for services such as Recreation programming off-duty fees in the police department parking and permit fees and higher than anticipated revenues from interest earnings and revenue sharings the city historically has been fiscally prudent in estimating our Revenue Vues and expenditures to never end with a deficit other things that are part of this budget amendment are recording our un audited fund balance carryovers for all funds except storm waterer funds in the amount of 13 million record purchase order carryovers from September 30th 23 to October 1st 23 for all funds 7.1 million to record routine transfers from existing budgeted accounts for actual expenditures for fiscal year 2023 23 24 record transfers and arpa funds to move interest earnings from arpa funds to the general funds in the amount of 119,000 add funds to supplies for Israeli support in 3.4 million increase transfers out of the capital funds for our CIP order carryovers 3.1 million add funds for for Navaro property taxes which will be in the amount of 95,000 which will be reimbursed by the leie as part of our rental agreement and adding funds for a Jim curtain divider and shade cover Replacements at Heritage town center and Gateway record transfers out to the general fund to move interest earnings from ARP to General funds 9,000 and record Capital project carryovers thank you thank you do we have public speaker cards not for this item now okay um discussion commission commission viscara vice mayor no commissioner Joseph not at this time okay commission ston yeah I have a few comments so I give you guys a package you see in page one we went from 113 Millions to 123 so we are adding $10 million in fund balance so that's very interesting because if you go to the page 50 15 in this past fiscal year we went from 28 millions in our Capital um project funds to 53 however to 53 Millions with this all new um um I want to use the right word um we are doing a um adjustment okay that's a good word with this new adjustment again last year we were 28 Millions now we are going to be 58 Millions because we are adding 3.58 Millions to the adjusted Capital to go from 53 to 57 or 58 actually million dollars so I I do have a few questions because I think um we are now being fiscally responsible at all um I don't want to use the word um mistake but $10 million $30 million that we are adding right now last year it was three and now this year is three 13 so it's a big difference so I wanted to go over and ask I don't know if because yesterday we were not able to go over every question because I didn't have it at the moment but in the page two we have $3 million for the capital project of do you remember for what is that now here here the second page yeah where is 3.58 we are increasing that in capital projects I just wasn't able to find the the break is that the center Island um no that's not Center Island I don't believe so but but also another one that if you can see in the in the next page page three we went from original budget or a current budget for a holiday lights of 185,000 we are adding 121 750 to a total adjusted bu of 306,000 for Holiday Light I understand for for the information I got yesterday that this is due to certain uh bills that we haven't paid from last year however I just very I'm very scared that our new base is going to be $3,000 for Holiday Liv and not 185 so I just want to make sure and point it out and leave it on the record that we have to go to our base of 185 in the following we see again expenditure for over two $2 million 283,000 um that were there is an increase this is about the building department but I'm going to go to with more detail to that in a little bit and in the page number seats you you guys see about the new per Pier which page six of the one I gave you okay so we have a current budget of $500,000 for on a we don't have a specific scope of work of what is it going to be done at the pier however we're increasing in $250,000 because it's a carryover of the money that we didn't use last year page six here I don't have page six six six oh oh your number six okay so you can see now that there is going to be $750,000 for the peer and if you go to the last last page you see that the next year we are going to add another 1,750 for a total of 2.5 million for a scope of war that we don't have yet for a job that apparently is medium priority for the new new pier so what it seems is that we are artificially inflating our budget and we are carrying over every year of money that we are not spending and then we are GNA it's always increasing every every fiscal year another example out of the 6.5 million that we have for the um Park and Recreation master plan we haven't spent nothing and there is a big chance that we are not going to spend so much money out of it but it's going to carry over again for the next year so if this year we have a a budget for 184 Millions what is going to be the next one 200 Millions so this these 103 million that they are getting out of nowhere right now not out of nowhere that right now we are um um putting it because now we know the real numbers um I think this is unacceptable in Pay eight here of what I gave you and this is what is more alarming for me is about the building department we had a fund balance at the end of 2022 of 8 millions point3 in rounding the numbers then um the projected for at the end of 2023 is was 5 million 53 the projected at the end of this year is less than $1 million so we're going again I repeat in the next page from 8.3 to 5.53 million to less than $1 million between the reasons for that happening is and I quote the revenue projection reflects a increase in building permits and reappropriation so we are getting less Revenue why are we spending more because there is an increase in personal services an increasing operating expenses and an increase in Capital outlay One of the reason is because we are moving the building department from the second floor and third floor actually from the third floor to Tony Romas that now we had a building there a restaurant that was actually uh creating Revenue now it's going to create a lot of expense so we had a building department that is creating less Revenue but we are multiplying the expenses of that of that again I believe this is reckless and and I'm completely against and I believe we can still stop moving the building department to the Tony Romas that should be a resonant that was the what the expectation last year we voted we had quotes for the restaurant they told us wait H because they're not such a good H uh quote and now we are going to build the suddenly the building department there a building that should be shrinking in in space and in in people because now we are digital and we don't have so many big buildings being built anymore because we don't have any more land so that is part of my my frustration with the budget and that's what I say early I hope for the next fiscal year the the people get a little bit more involved because I'm sorry to say this and I don't want to offend anybody but these numbers they don't make sense we cannot go from 8 Millions to 1 million in one year of the of the fund for the building department so those are my okay not noted um I I think what I'm getting from from what you're saying is that we should um encourage people to get more involved and we're starting the the budget process within the next uh uh Mr city manager remind me please within the next month I believe you you're going to start having those meetings yes okay so I I I don't know if you had an opportunity because you weren't at the agenda review I I was listening oh okay I didn't know that great um so we we can certainly you know schedule more workshops to discuss this I think there's anything you know that not only that but the point is that we double the from 28 Millions to 60 Millions the capital outlay for jobs that we cannot perform in one fiscal year it is impossible so the point is that we can have that money in the general fund and when we are going to need it we still have the money so we can easily make the Amendments that we're going to be doing right now to move from the general fund to whatever project we are going to be doing but why are we putting money in projects that we we know we are not going to be accomplishing or we are not going to even do any because we don't have a scope of work so and I'm coming back about the peer so we are having at the end of next year $3 million almost for the peer um I actually use the p a lot I go with my son fishing and I eat in that restaurant I I'm lucky enough that I can walk or go in the bicycle so I don't need to park because I know parking is an issue but I use it and it is giving the intended purpose we go there to walk and to fish I'm not going there with the expectation that I'm going to be a seating air conditioning area in the pier so we have here millions of dollars to create a shade that I don't believe is the intended purpose of the pier so why are we putting that money in there and that's just one example no no I understand I just I don't want to go off a tangent because the the the public doesn't have you know we this wasn't on the agenda and I you you're I understand your frustration and most of this if not all of it we voted on so I think for the bug for reason no I'm saying about the shade structure all of those things so it it I want to make sure that it's clear for whomever is listening and whoever is in the audience you know and I and I want to stick to the agenda so we can move it along um okay the only request Mauricio can you put this please in the on the record in the in the item please it'll be part of the of the meeting record okay okay perfect all right um so with that I need a motion some moov I need a second second this is voice a roll call okay so commissioner Joseph hi vice mayor Lama yes commissioner cent no commissioner viscara yes mayor fetchin yes the ordinance passes on first reading 4 to one second reading will be scheduled for March okay next item please next item um is now in resolutions 10A is a resolution approving a revised investment policy of the city of sonal's beach do we have are you G to read the who's presenting it okay great thank you sorry mayor mayor vice mayor members of the commission this is based on a prior discussion we had where we are revising our investment policy to include Israeli bonds great thank you do we have any public speakers no ma'am all right do we have any this is a second reading do we have any discussion or comment from the commission vice mayor um yeah I I I just wanted to obviously I understand the uh the reason for this change but um I just think that we should keep our investments um us domestic and that we should be conservative that's that's my com okay I would make a small edit I don't think it's Israeli bonds I'm pretty sure it's Israel bonds I don't know if um there's a broader purpose there but Israel bonds is is the what who presented to us scers there okay anyone else no all right I need a motion some more need a second second all in favor I great thank Alex is a no no go ahead 10B is a resolution approving a mutual Aid agreement between the city of SEL Beach and the South Florida task force burglary apprehension and vehicles crimes unit mayor vice mayor members of the commission this is a mutual Aid agreement between the city and the south Florida task force for burglary and vehicle crimes unit um recommended by the police department any public speakers no ma'am okay any discussion from the commission commissioner vcar no I'm good vice mayor all right you need a motion motion second all right all in fav favor I I okay next item please 10 C is a resolution accepting the sunny Al Beach Parks and Recreation master plan mayor vice mayor members of the commission this is the acceptance of our parks and recck master plan that we discussed in Prior meetings Okay do we have any public speakers no ma' all right any discussion from the commission need a motion yeah I'd like to bring some some some comments here to so last time when we talked about this um and I understand that this is going to be a framework on what we're going to do with our parks for the next five 10 or 20 years but anyhow I did request for um other options to be presented because there is in the um presentation that we were given at the end there is a page where it says this is going to be around $110 million obviously it's a big undertaking and this was um this is a reflection of the um of the feedback we received from from our residents right I understand the needs Etc but if this is going to be a a guide or a framework for our staff and for other City commissions to to work on I think that we should at least have a different a range of different options because I don't want this to be taken and since it's going to be a framework for people to think that you know it's going to be $110 million and that there's no flexibility so I I think it's very logical and simple what I asked before and I I I would like to have this item deferred and then come back talk to the um talk to the um to the consultant that did this first I would like to see the numbers behind the math behind how he got to $ 110 million and then perhaps work on some other options you know let's say the Top Choice $110 million a mid in a low so people could visualize and see that this is a flexible plan is not set in stone and I understand that all these projects come to us but still you know when you put something like that together which in essence is a budget $110 million you know I would like to see other options more flexibility because if you take a look at Heritage Park I think that there's a pool there you know it's a big pool so I would like to see some other options I would like to see um another way of thinking about this um where we could look at different you know option one option two option three you know something like that so with different budget ranges so I would like to have this item deferred that's my belief and opinion okay so uh wait one second are procedurally is if Vice May is making a motion it's a procedural motion so if there's if you're in fact making the motion motion to defer yeah I'd like to make a motion to defer okay so we could get another option let's say option two for 80 million option three for 50 is there a second I have a question first can can I ask Alex a question first yes sir okay so if you're looking to defer and you're talking about other options do you have any of your own ideas for options so so so before we we jump ahead to that first I would like to see how the consultant got to $110 million okay the math behind that and then based on that you know talk to the consultant about let's say we tell him okay what can you do for $80 million still taking into consideration what our residents told us what can you do with a $60 million option so work it that way because that way if this isn't going to be a framework for future staff and future Commissioners to look at then I think we should be a little more detailed I understand that projects come to us one by one for approval but I think we need to lay some for this framework to be as as clear as possible okay but the way you're thinking about it m you're having number you're talking about a number that was thrown out at us for over a length of time what was it 10 years or 15 years or something that doesn't also take into account inflation so if you started all of that today and you worked through yeah then you know we would have we would get to a certain number I just you're making very valid points but we have a motion right now on the table so let's just do we have a second if we talk it through maybe you could still we talk it through maybe there won't be a need for the motion well he's Mak a motion no no but Jerry let let me can I respond to him just just because I I don't think he understands the way I'm thinking about it because right now $110 million and from the schematics I saw and some of those drawings that he showed us it looks like the topof the line right uh for all of the parks basically it looks like that though no you're looking at new building now we're going now we're going into into debate wait hold on stop we're going into to debate I I appreciate what you're saying and I actually agree with it but we do have a motion on the table so just so that we can continue the conversation do we have a second I have a question but but I'd like to make my point clear though so and I believe you everybody understands I just want to make sure we don't go we don't Veer off so Mr City attorney procedur something please procedurally so the item was before you you haven't obviously moved that item yet there's been a procedural motion which needs to be acted upon at that point if it's voted to defer you defer the item the discussion should be had at the time that it's deferred to okay umed stand right now we're not deferring do we have a second to defer I want to ask him a question all right one question because we can't get into discuss I just want to understand what he's trying to accomplish so in you want basically like you write the gold silver bronze plant correct so are you are you are you seeking to then produce three different comp three different Master plans like the Gold version the Silver version the bronze version no no no no because I mean first I think we need to understand how how the consultant got to $110 million right because if you look at some of the the you look at the presentation I mean some of his Parks the way he's envisioning them or the consultant is envisioning them they they look awesome but then instead of having like a huge Park a huge pool I think we need to start considering okay other options maybe a smaller pool you know so I think we need to get into that type of thinking and if you throw a number at me of $110 million let's say we start tomorrow with this right let okay okay I understand that this is going to be a long-term plan but I think that it should be considered that perhaps there's other ways to approach this and I think that we should defer and perhaps wait if somebody wants to then I I need either a second so that we can continue the conversation and if somebody else wants to defer we can still do that so that we can continue the conversation because now we're having a conversation about deferring and we don't have that so do we have a second all right so we're not deferring it commissioner vascara please go ahead go ahead I just I want to understand what you're trying to accomplish so like if you wanted to see the 80 million the the bronze version the the Silver version what does that look like for you like is it just a a a list of properties okay minus the pool minus this no a whole other document so so let me ask you a question um do you know how we got to $110 million in that presentation I mean so I'm GNA have to say specifically no right like I'm assuming that these were all they they looked at what all these things cost and and presentation they did have uh uh approximations for for each item and as I believe like uh commissioner Joseph said these were just starting points based on assumptions of inflation and I don't think we are at all discussing the size of the pool this is more of a framework of a vision of what the the next commission or the staff are going to do going forward and anything that goes in front of us we would still vote on so so exactly you exactly I understand but the vision perhaps that Vision could say okay we have the top of the line we have the intermediate and we have the the the Cheapo right so you put a number to it he could have presented division without a number now if you put a number be behind that I need to understand the math behind it right how he got to that obviously there's inflation there's other considerations but forget about that he put a a number of $110 million now I need to understand how he got there and then talking about division we also need to take into consideration not just one option which is the top of the line but also look at different options of having a small smaller changes etc etc so that's that's where that's where I'm coming from we pass this already though yes I believe so as well but go go no I I I I we're not past this because I I did request it last time we did discuss it and uh it was not yeah so I I think we should defer it because this is something that I think we need to get it well if I me yes please go ahead um first of all not only about how they got to the hund million do the whole data is questionable so I don't I don't even believe in the data for that recommendations of building the pool Etc so um the survey it needed to around 4 15 minutes to answer the survey where the data came from um many teenagers that were told to participate and tell what is it that you want do you want a pool do you want basketball you want volleyball Etc first of all it was not working from your phone you had to be in the computer to to answer the survey so the data to begin with is very questionable so I question also the results so uh because for example one of the recommendation is to build a park in the Winston Tower Park area we don't own that area so I don't know how somebody's going to tell me you should build a park in a in a piece piece of land that you don't own so that recommendation on its own I think is very weird uh another recommendation Sanson Park was not really any recommendation there even though there is a parcel very similar to the community center in sside so maybe the place to have a pool Etc should be Sanson Park and not to destroy Heritage Park to build a master uh pool and and all the tubes Etc Lazy River you name it so um I don't want to give more time to this because for two years we haven't done anything in our park waiting for the results of this park and master Park and Recreation master plan which I call a parking Recreation Master disaster um so I believe that is enough the time that we put enough the money we pay around $150,000 for these results um that they don't reflect what the people want for real and what we have like the pieces of land that we have many pieces of land they were not even considering the study uh that they should so uh if anything and we are going to be forced to vote for this I'm voting no okay thank you may I add something wait I want to give everyone a chance commissioner Joseph did you want to add something I did not agree with the parks master plan um myself but we have a smart commission and I said all along that we could have issues in front of us we could have designers in front of us and plan these things and move along and get things um built and created more quickly than spending a year on design miners and we can use a Google form and ask the people what they want in one minute and we will have it we can set a text message but at this point so I'm not looking to go back a year and spend another $150,000 so I believe I believe that we should still these things have to come to the commission and I the ideas have to come to the commission I believe we should at this point move forward and um you know still we're going to have discussions regarding each Park what the issues would be and at least move forward and not backwards wait give commissioner Vascar a chance I'm want to give everyone equal time did you have anything that you wanted to add I I agree with uh commissioner Joseph okay uh V mayor and then I think we need to take a vote yeah I I mean listen we we need a Parks master plan obviously we cannot be operating um whimsically for each park because then you know it could result in a disaster um so I believe in the master plan but I think that we should think about it uh from a range of of of different options you know if they got to $110 million then you know I'm sure that and it's it's it's very logical what I'm asking for I think it's something simple where the um the consultant could go back and look at perhaps something at a lower budget couple of options at a lower budget and different type of schematics just so that framework is there and people uh future Commissioners and and and and staff realize that so I I think it's something simple I it doesn't have to be complicated and I don't see why not uh why we cannot ask the the the the consultant for for for something like like what I'm asking let me make a recommendation because I I I do think we should pass it but I also think you you're making a fair uh request especially if you made it before uh so uh how about if we just agree to supplement it with that information after the fact yeah I would like to to to supplement it and amend it amend the presentation with with with other options I mean I we need a Parks master plan we need to get going I understand um commissioner Joseph's frustration but then again um um I think that we should get this right and um we need to understand right they somebody hands me a you know a a budget in essence of $110 million then I I need to understand the numbers behind that how they got to that and um and that's basically it I think what I'm asking for is very fair very logical and I don't think it takes a lot of work so I just want to ask the city manager uh the the report that re that we received has line items um are I I think that what the vice mayor is asking for and correct me if I'm wrong um he'd like to just have a better understanding of each of those line items so is that something that that we can do yes clearly and the only thing I would add is all of the numbers that you're referring to were estimates in terms of of the projects so I know that that's a large number but it was just estimates we asked them to revise the the plan without the numbers so that we can just look at the parks plan as as a whole the based on the budget part of so all right with that I need aemotion could be another thing like we've been waiting for these two years and we're saying that we need a master plan we don't need a master plan did we ever had a master plan we have beautiful Parks our children my kids they grew up in our park so this was something because we want to get a certification so apparently one of check marks that we need to get the certification of our parking Recreation uh department so we don't need a master plan we get elected the five of us so we can be that link between the staff and the people so we know what the people want we know you knew the people needed a tennis court I know the kids need a basketball court so each one of us like we are very diverse and we come from different cultures backgrounds Etc and our children as well have different ages so we have a we have very good representation of the city of sun El Beach we know what the what the people want at least I I go to the beach I go to the peer I go to the playgrounds because I have small children as well so I do talk to the people one thing in common that they all have when I talk about parking Recreation they want to see better bathrooms our bathrooms are are really disgusting and uh so we're spending we're thinking about spending $10 million dollar building a water park when the when we our bathrooms are very difficult to go inside so I just don't understand where are we putting our priorities we do not need a parking Recreation master plan we want it we pay for it we put two years on it and still now we want to put more time and probably more money because the consultant is not going to give us those numbers probably for free so we're going to put more money more time in something that we want want because a difference between wanting and needing we don't need the master plan we are the master plan we can make the decisions we know what the people want so I don't think we need it okay all right so I I think that everyone is is is clear so I I want to be able to move on because we have a a long agenda do I have a motion for this I will make a motion okay I need a second I'll second with the supplement that the vice mayor requested okay so uh we don't need to amend the actual resolution for that if there's a consensus to to get additional information if it's part of the motion for the resolution we can add that language thereafter obviously we not going to add it right now we may need some specificity with regards to supplementing um and I don't know to what extent there's a cost to that um besides to go back and do he's not doing it for free no but I I think that that what the vice mayor is asking is not necessar you know it I think that's something the manager is able to do by based on the information that he already has otherwise I I'm not comfortable adding more money in time for the we kind of get back right so so if you wanted to be part of the resolution we can definitely put that in there to the extent that it's that it includes the city manager providing additional information anything more formal than that we can draft it any way you'd like okay all right yeah I mean I don't think it's something that is complicated and that the Consultants should charge as extra for uh given that uh the consultant Char I think the city manager could could figure it out because we have a motion right now do we have a second I'll second okay so I'll in favor I but with the supplement as amended with the amended any oppos amended no okay next item please 10d is a resolution ratifying the waiver of competitive bidding procedures of chapter 62 of the city's Bo of ordinances ratifying the expenditure of budgeted funds for the purchase of a 4x4 Ford F150 from Gus maala Ford mayor vice mayor members of the commission this was a vehicle a truck that we bought last year for the parks department and we need to ratify the purchase for $52,500 do we have any public speakers marri no ma'am okay are there any comments from the commission no can I have a motion please motion I need a second all in favor I next item please tening is a resolution authorizing the expenditure of budgeted funds for the purchase of two vehicles from J Allen Fleet mayor vice mayor members of the commission this is authorizing the purchase of two vehicles for our Parks and Rec Department in an amount not to exceed 8969 marce any public speakers ma'am all right any comments from the commission I need a motion motion second second all in favor next item please 10f is a resolution awarding invitation to bid number 24101 for carpet and floor maintenance services and approving agreements with jum multiservices LLC as a primary bidder and green facility Inc as a secondary bidder mayor vice mayor members of the commission this was a bid that we put out for our uh carpet and floor maintenance throughout our facilities and this was the lowest responsible bidder out of nine responses thank you any public speakers Maurice no ma'am no but at this time I'd like to add one item uh that I mentioned that the workshop regarding the uh turf at Pelican Park where the uh vendor was supposed to um come back to us with additional information regarding his product and he never did mayor yes please yes commissioner we did reach out to them and I've explained to them that we will not be installing that Turf until we have that information yes so we're waiting for that information perfect okay so all in favor all right next item I'm sorry we didn't get a motion I thought we did all right I let's motion a second all right all in favor I okay next item next item is teni a resolution approving a third amendment to the agreement with the amusement source for event RS rental mayor vice mayor members of the commission this is our third Amendment for the agreement for amusement source which provides event rides for our different um events that we have throughout this the city any public speakers no any comments from the commission I'll take a motion second second okay all in favor I next item please 10's resolution approving an agreement with valrose Investment Group doing business as awnings by valos for replacement of the shade structure and the addition of window awnings at the city hall Annex mayor vice mayor members of the commission this is for the replacement of all of the awnings at the city hall Annex formerly known as Tony Romas we did go out to bid for this and we ended up with valro awning I also had questions about the warranties for the awnings and the awning the canvas is 10 years the workmanship is one year and then we were able to negotiate additional fiveyear warranty for the powder coding on the structures which was a question that came up during our meetings great thank you do we have public speakers no ma'am all right um any comments from the commission I need a motion then motion second so uh second all in favor I thank you next item 10 I is a resolution approving the selection of United healthc Care as a provider of employee health insurance United healthc Care as dental provider IED as a provider of Vision Care mro LOM as a provider of life insurance accidental death and dismemberment Insurance long-term disability insurance voluntary short-term disability insurance and voluntary life insurance for a period of one year mayor vice mayor members of the commission after much negotiating back and forth with our different insurance companies our initial request through Sigma was for 35% increase so we ended up we're recommending a switch to United healthc Care at 9.85 overall thank you any public speakers no ma I would like to just mention something that there was a zoom meeting this afternoon um where uh it was mentioned that there's a cut off date for um applying for the new United healthc Care insurance of March 1st if you don't apply by then uh you have to wait one year or wait for for a special um allowance to be admitted so please every uh City employee who is accepting uh who is on the current Signa who's looking to switch to United please um get in touch with uh the city and make sure that you're on the website prior to March 1st to be included all right thank you for that reminder um I need a motion so move second second all in favor next item please T is a resolution approving the schematic design of the property located at 500 sunal Boulevard known as bista par mayor vice mayor members of the commission you had previously approved establishing our Marine Patrol at the Bell Vista Park and this is the schematic for the design and the construction of the structure as well as the docks thank you do we have public speakers no ma'am all right do any comments from the commission I have a motion please motion all in favor I I next item please 10K is a resolution declaring zoning and progress relating to the mixed use Resort District town District neighborhood business district and business overlay District mayor vice mayor members of the commission this would establish and declare a zoning in progress okay do we have any public speakers no man okay any comments from the commission I'll take a motion second second all in favor I next item 10l 10l is a resolution expressing support of Florida Senate Bill 1764 rela to car racing penalties okay so this is my item um basically this is in support of um legislation that's right now uh in Tallahassee this is um we're supporting an item by a commissioner um commissioner by Senator piso uh many residents have expressed uh their their concern about the about car racing um uh people overtaking the the streets so on and so forth this has been a problem as you if you haven't experienced it yourself you've certainly seen it on the news so I just want to clarify when we're supporting items that are bills in uh in Tallahassee we are just supporting them we can't uh regrettably we can't enforce them uh because we are preempted by the state so every time we do this we're just giving our support um which which does make a difference um and that's what this is any public speakers no ma' right and i' just like to add this is similar to the street takeover uh ordinance um or Bill that um we have and uh this would be quite helpful to our Police Department okay and a motion so move second okay all in favor I I okay next item 10m is a resolution expressing support of Florida house bill 629 relating to the Florida Women's historical marker initiative okay again this is a that's in Tallahassee um and I think it's important as a body that we support our Representatives this is uh being sponsored by representative Fabian basabi um this is basically and especially as we're going into women's History Month um the mile markers throughout the state would now include more uh notable women um in uh Florida history basically what it is any public speakers no any comments from the commission no need a motion motion second second all in favor thank you next item tenant is a resolution expressing opposition to Florida Senate Bill 684 and Florida house bills 267 relating to the standards and time frames for the issuance of building permits by local governments go ahead commissioner viscar it's yours so um this is a bill that something very similar to one that was um presented last year that uh failed last year and that we're opposing again this year and for it would um the impact that it would have on us is would it's just basically people who have no idea what it's like to live in a vertical City deciding how we should handle our our permitting uh it already did one committee where it uh succeeded 53 and it's now in its second committee there's three so uh hopefully we can put a stop to it and I'm asking that we oppose it wonderful thank you do we have any public speakers no ma'am any comments from the commission no all right would you like to make a motion on your item motion to approve okay second all in favor next item please ten0 is a resolution expressing support of Florida Senate Bill 1178 relating to the governance of condominium and Cooperative associations and the practice of Community Association Management so uh this is also uh for me and it's um um a bill it is called generally the the condo or the condo association bill uh it is a by partisan it's uh Senator piso who is who represents us uh is um one of the uh Senators pushing it forward it's doing very well uh it's it's passed unanimously in its first two committees and there's one more to go uh and what this would do is give uh the dbpr broader jurisdiction create greater accountability for bad HOA boards so you know how there's no shortage of those stories here we'll actually have a place to to send those complaints where they may actually have a chance of being resolved so this addresses a lot of the issues that we have inside our buildings so I'm um um and the Florida Legal City supports this so we're um asking that you we support it as well do we have any public speakers no ma'am okay can I get a motion yeah um I make a motion but this is one it's really important it's extremely important really in especially for areas like Sunny asked where around 95% of the people here live in some sort of Condo Association or home Association Etc this is going to give more teeth to the dvpr and more tools actually more money as well uh for the for them to have more um tools to protect us so I think it's really important I'm so happy the way it's going me too yeah I I want I want to really support this yes the the dbpr actually I met with the dbpr when I was in Tallahassee and while they can't ask us right they they they have to do what they're told by you know so they can't really tell tell us like we need you to do this but they went through the trouble of printing the the the bill for me it's like you may want to read this well I like okay I know what that means I went to them after being with with Senator P pis and I told them don't worry like I'm gonna do as much as I can to move forward send your email send your emails and now we'll have a resolution to support it we have it motion okay so second and uh yeah you have our support wholehearted support all in favor uh I I and I just want to uh recognize and and remind everyone how important it is to participate and recognize that you know commissioner vcar was in Tallahassee commissioner ston was in Tallahassee I was in Tallahassee I think all of us here have taken turns going there and this is again uh everything that we do here is is obviously very important for us locally but a lot of the things that that um the community needs we can't accomplish here and so that is why we go there to to uh advocate for these sort of things and agree this is an important one okay next item and my last one and then after this I need to make a comment on the on okay go how we're gonna proceed with Beyond this um before we move there can I read sorry Marcio how about I let you do 10 p is a resolution expressing opposition to Florida Senate Bill 472 and Florida house bill 569 relating to the sovereign immunity go ahead again we had something similar last year and it failed and it was ridiculous this year is less ridiculous um and it passes first committee but apparently behind the scenes there was some epic battle and it took a big hit and maybe it won't be moving this year so we'll see but we're still going to oppose it um because again it's the state determining what what our limits in lawsuits might be and how lawyers can manage their fees even Beyond um the settlement amounts that are approved so uh that should not be their business it's ours and so so we oppose it and for that I make a motion wait wait do we have any public speakers sorry okay motion I need a second second all in favor there any comments all right okay so before we move on I just uh we brought this up in the workshop um the part of the legislative did you want to talk about that Stan or you want me to I'll defer to you thank you um part of the legislative program that we wanted to do this year like we had the the um town hall with the um uh local voices and we had Senator piso come over and uh that was uh so we want to the city to do email blasts or maybe social media posts in support of particular um um pieces of legislation of bills but we they're not going to be just random and we didn't talk about next year we'll do it at the beginning of the session but we didn't do that this year because this is the first year we're doing it so um we wanted to limit it to bills that are either home rule or that are bipartisan and or bipartisan right that way it's it's that should I think be pretty much all of these I don't know if if like the um the one that we did for the veterans and Homestead is not bipartisan so I wouldn't include that but we're still free to support that individually but as a city we stick to home rule or bipartisan support and that should keep us in uncontroversial waters so that would be my recommendation so that then Stan send the emails uh without having to confer with us individually okay so uh I don't see um Mr City attorney is there anything that we have to vote on here the the city manager can send those emails no you don't necessarily need to vote on anything you're just giving the city manager direction right exactly but I don't agree with that they need to be bipartisan because that they are from one party or the other doesn't make it less good or bad so I I I don't want to involve the politics on this how about this if I can make a suggestion we we give the city manager the ability to to make that determination based on him being able to to do the work of the city so whatever it may be are you okay with that commission I'm fine with that frankly because it's so late in the game there not it's not going to be that much next year probably but okay okay thank you all right next item please next item is thank you commissioner cue a resolution approving appointments to the historic preservation board for years 2024 2025 okay uh mayor and Commissioners um this board serves or was created under separate section of the code than the normal committees were um this is specifically because this board serves a very specific function where um in order for the city to be able to maintain the jurisdiction over his its historic properties it needs to have a functioning board um so every two years uh the appointments are up um two years ago uh several persons were appointed to this board and they expired on December 31st of this year um one of the provisions of that code is that uh it'd be a seven-person um person board with each commissioner having one appointment and then two appointments at large I sent an email to the commission a few weeks ago um explaining what the process was going to be for these appointments and I at that time recommended that you each have one appointment and that you allow me the Liberty to be able to make a recommendation subject to your approval obviously and in order to do that and to make the process a little bit more transparent uh we opened it up to the public for them to submit applications So based on that and at this time and then also in addition to that um in order to avoid any confusion because we had a little bit of that last year when we were trying to appoint the other previous committees I'm going to respectfully ask that you all each uh publicly say who you are going to appoint so that we have it clearly on the record and then I'll give you my my recommendations okay do we have we don't need public comment first uh we have no public speakers oh all right all right so uh commissioner rcar do you want to start or do you don't have you want to go fast do you know who you want yes uh no my appointment is e eigor vas okay vice mayor mine is urel know go ahead Liz Morales I want to hear everybody before I S it's gonna depend if he make it or not okay that's that's no problem all right my appointment is uh George Bedminster okay now you have no I need his appointment M okay does uh George live in the city by the way I know he has an apartment here but isn't he a Washington attorney this could we this is not what we're talking about okay go ahead okay so um one of my appointments is going to be Warren stem and I'm going to take the Liberty also to request that the commission um not only just accept that appointment but also make him the chairperson the reason for that serves two purposes one it's uh a comment that the commissioner Joseph had made at the Tuesday Workshop where we have a need for cont it based on some projects that we have on the books already and then the other appointment will be uh Max sanovich okay for okay um all right and given that I make this election for the chair uh I'm making this election based on your recommendation for Warren San thank you okay uh I need a motion uh second second okay all in favor I okay all right so now we are on the add-on items but we don't have anything so please uh we do have those the ones that um right I don't have any papers what I'm saying so yes so what is your first add-on item okay so regarding the um but wait a let me just stop you for a minute do we need a number for this or we okay excuse me I'm not really clear on what exactly the add-on items are if they're actionable items and if they are actionable then we would need also public speaking if they're not a voting items then we don't need then we okay so the first one first one is not second one is so regarding the state of the city there were um there was a speech given uh by video by the mayor but at the end of the presentation there were no credits given to people who had input into to um certain items on the state of the city where there were um uh certain um changes made to um sewers or to um improvements in software or um to red light cameras let's say so I would like to at this time give those credits to the people who put those efforts towards having those things be possible so regarding the ipal which was a con uh a uh Unity between Aventura and Sunny Isles and the uh police departments I would like to credit to commissioner Jennifer viscara and also for the red lights where she had a major input into that for the human trafficking and the with the uh schools with our K through 8 I would like to to thank Fabiola Styers and for um Alex llama's vice mayor Alex llama's continuing efforts with the senior Round Table I would like to thank him um I actually um uh started the um conversation regarding scooters in uh February of 2023 um I had presented to Val prior to her leaving um the uh ordinance from the city of Denver Colorado which uh she had worked on but then left hopefully I I think she may have left it in Allen's hands I'm not sure but anyway we had then uh commissioner vascara and mayor fetchin um come into the fry and bring that back up and that finally got passed so I I thank them for that um regarding the uh carbine which um in August of 2023 I discovered that there was no GPS connected to the non-emergency 911 and I brought that to the attention of our chief um Santiago and he along with his um Lieutenant came up with the carbine software which now is integrated into our uh PD system and hopefully we'll save lives um with GP a GPS link um that connects to uh people's cell phones um also I um had pushed for uh the uh the reworking of ba of certain bathrooms at the beach areas and um I understand that those are now being worked on and in Golden Shores on the rainiest of days I drove around taking pictures of areas that flooded and and um prior to the paving of the streets we had additional sewers added and uh we now have streets that don't flood even with the with the old pumps um in place so um that is uh um also we have some credits regarding um the accounting department I would like to thank Tiffany and St for his efforts as well as Audra who is now no longer with us she retired and I thank them for that and that leads me to my next item so on a on February 1st of 2024 we had a Miami day League of cities dinner which had been um worked on for months prior where the cities of Sunny Isles Beach Golden Beach and Aventura would um kick in 10 thou approximately $10,000 per city um where the dinner was held at the Aventura Hilton Hotel um at that time um it was requested that whoever was going to attend admit um that they would be attending um I did not see who it was that would not be attending but um upon arriving I was told that the mayor was not there and the vice mayor was not there and um that the mayor had given instructions that no one from Sunny Isles should speak at the dinner the um mayors of Golden Beach and Aventura each had 10 minutes of time to tout their uh City's accomplishments for the 2023 year and um I spoke with uh Richard Cooper who is the president of Miami day League of cities and I convinced him to allow me to speak even though we were not um it was we were told that we would not be allowed to the the fact that we put up so much money towards this dinner and the mayor gave instructions that no one should speak and uh our time be given over to the city of Adventura who in place of our time played a juggling video to our City's embarrassment with Vice with uh commissioner viscara myself uh Fabiola cyers Stan sitting at the table along with uh Chief Santiago and um Susan Simpson um it was quite an embarrassment this is not the first time that the mayor has embarrassed the city all right I have to continue because this is so no no excuse me I stop I asked and I was given permission to continue no no no no I I'm going to stop you because we follow we follow no we follow the this is not your place to take over my time I will give you your time but you are you are going to be cordial do not attack each other on the day this is not an attack you can't rephrase you can't rephrase this is not an attack this is not an attack you need to use factual information totally fact it's not factual so you may go ahead yes so but don't go overboard again I'm giving you a lot of rope in April of 2023 there was a um race at Gulf Stream that we received and you have the papers in front of you from um Gulf Stream we were asked to attend to um represent the city to um give an award to the winning horse of the Sunny Isles Beach race I was asked as vice mayor to attend and to co- offer the award to the winning horse um before that uh race occurred I was told that also I had uh mayor vascara and our children at the race um they were interested in also having a photo op with the winning horse which I'm going to get to that that never occurred uh half halfway through the lunch in we had someone from gstream come over to our table and say that the mayor decided that she wanted to make the presentation by herself and that the children would not be allowed to take a picture with the winning horse I that seemed very absurd to me and we had in we had had in writing that it was going to be a co-sponsored presentation otherwise I would not have um put the children through that and brought them with the um idea that they would be taking these pictures which they were so excited about this was a um just embarrassing for the city embarrassing for the children and uh total insult and in that that was the second time that was actually the first time the second time was the Miami day League of cities and in that regard I make a motion to the commission where is Alex he went to the restroom okay so I have to wait what is your motion I I have to wait for uh vice mayor to come back no you don't you can make your motion I'm making a motion for the mayor to be censored for her uh want in disregard for the city and um and uh poor behavior and um so that this doesn't happen again in the future okay well I excuse me vice mayor I've made a motion for the mayor to be censured for her uh poor behavior and um embarrassment of the city on two occasions and I I make a motion uh for censure of the mayor at this time to okay so all We're Not Gonna We're Not Gonna repeat this okay here we go we we need to stay within the limits of this meeting and not go off on a tangent so you need a second do you have a second do I have a second I would like to ask in legal legality of your motion or or if there is any base or anything like that I I never heard about this before so this is like new territory for me regarding censure yes whatever the commissioner Jose well censure is basically just a formal statement of disapproval that the commission the majority of the commission would have to agree upon that's that's all essentially it is um you don't have anything in your code or in procedures in regard to that it would be treated as a regular motion but there's no procedure in your code with regards to it but generally censure and and most cities don't have that in in their codes either or their Charters uh it's just a matter it's it's a formal state it would be a formal statement by the city commission or a majority of City Commission of disapproval that's all it is so in that regard I make a motion to the commission for a vote all right do we have a second don't any discussion about it or any comments before yeah discussion no no no no no there's a motion on the table okay but we never had a discussion about it either he's making a motion yeah but we never even had opportunity to to okay but majority of the people at on this de were present at the Miami DAV legal City's dinner so there's really not a need for discussion it's how it's uh you were present so you know what occurred all right so I normally I would not respond to to these sort of statements but I think that it's necessary given um what I believe are very slanderous remarks and are untrue so for the record the league dinner uh did not in in any way advise the city of s Al's Beach that we were able to put together any sort of video had they given us that opportunity of course we would submitted something and I understand later on that it was wasn't a video it was just a so at no point did I give any direction to say that no one from this day could speak that's not true because we had Richard came to our table and St that I never okay I don't know what Richard said to you Richard is not here this is ridiculous and this is embarrassing for everyone in this room um so what was embarrass was at the dinner and I and that's really unfortunate and I think that is unfortunate because I think that that was not a very polite thing to do by the other cities because we did not have anything prepared so I I feel horrible that you all were embarrassed and had I known or I'm sure had the city manager known in advance that that's the expectation that they wanted from us we would have certainly done something in in that regard so that was not in any way to to be dismissive of anyone on this de or to make us look bad obviously we want to look great and I ask for clarification from the city manager because we are very upset about what happened if we have paid anything and we as of today what have we paid we have not paid anything to date okay so 10,000 at this at this time so here here's the thing we agreed to be a one-third partner so here's the discussion that was had with the city manager and the deputy city manager because everyone's very upset about what happened first of all that we are not in a position right now to pay the onethird because we didn't have onethird participation and secondary is to really understand what it is and if at all we would ever participate again so unless you have something to add Mr city manager no that's we're still negotiating whatever the rate is going to be okay and this has been an absolute um undermining of what actually occurred and we have Jennifer viscara myself rabiola Stan we're all at the table we we could have the police chief if he were here he would witness he would be another witness that what you just stated was absolutely not I'm not fact of what occurred so this again look I'm giving you the information that is misinformation you can decide to to say that it's misinformation it is not so you want to make a motion okay I'm making a motion okay I would like to know whether I have a concurrence okay do we have I I'll it was very awkward at the Miami day County Legal cities um but um if it was a miscommunication or whatever I I I don't know I'm not in the position to say but I was also there at the Gulf Stream and that was um I I would absolutely give a formal statement of disapproval for the Gulf Stream incident because that I mean I I was very I I really feel that the mayor you you were you went out of your way to embarrass uh Jerry in front of his family I and I I felt really bad for him for that so I'm and not only that but there was a complaint that was made that we don't even we were told there was a complaint that we don't even know what that was so all right that's my I I I think that we need to really move on I we don't need to move on we have to have a vote no I understand that but let me just say that our everyone up here we need to really understand what are we talking about are we talking about our egos or are we talking about City business we're talking about misbehavior oh so here so here's look we had the conversation we added your items I want everyone to understand the audience that because of sunshine we can't have these conversations uh outside of this uh room however it seems like these conversations have happened no um so in any case so can we move on do we have a second I I wasn't there in the golf stream uh I did heard about what happened after the fact and people was harmed in in with their feelings yeah it's true um so in but I was in the myam county League of cities and it was very awkward is an understatement but that's a good word to use um so I don't know about the procedure for this I will make I will second the motion and every everybody else who was there can decide for themselves if whatever is the the the the proper procedure this is a censure which is basically a slap on the wrist and so that the mayor is aware that this should not happen again all right so uh Mauricio I can I comment yes you so I I wasn't at either one of those events um but if there was a miscommunication there was some sort of uh misunderstanding let's say uh bad ill Behavior whatever it is but I think that to perhaps correct this and for this not to happen again I don't understand how it happened perhaps we should have policy where if there's only one person there from the city that person is representing the city obviously and has the right to to to speak and um I think that should be the policy moving forward um and obviously you know that person will talk to to staff if uh that person needs to speak and make sure that you know they're representing the city uh appropriately so uh maybe we should talk about some sort of policy to kind of look for a solution so these things don't happen now moving forward if they do happen then you know then we we should you know weigh some of the uh the the the consequences but yeah I think we should have a clear policy so we don't look bad or there's no friction Among Us regarding those events um and that's my I think that's what we should be doing if if I may mayor may be permitted please go ahead uh vice mayor just in response to your question with well your comment with regards to policy your code does address it in two areas uh one in the charter obviously talks about the mayor and the vice mayor's responsibilities as the ceremonial head of the city in the absence of the mayor it's the vice mayor apart from that uh in section 7423 there's a provision that says that if for you as a commissioner to represent the city typically the city commission would appoint you to do that uh and there's a so you do have a policy in place so if typically there's a function you know that's going to occur and the mayor is not available or the vice mayor is not available you as a commission can determine that okay since both of us are not available for this upcoming function then we designate another commissioner to appear on behalf of the city and that person then is authorized to do that okay so in the case of the Miami day uh County League of cities dinner I was not here I was traveling so that should have been discussed internally and a commissioner should be should have been appointed and there should have been previous discussion because I did inform um might I and other people way ahead uh that I was not going to be attending so I know that our Provisions um call for me to represent the city if the mayor is not available which that was the case but I was not available either and you stated that we would need to appoint or to vote the commission would need to right so the commission can designate someone to act in how does that designation it would occur at a meeting so how I've seen it done in some cities is there'll be a calendar I think League of cities is pretty predictable it's the when they have their events so if you know it's upcoming there's an agreement amongst you that yes you know I may or am going to be able to attend then at that point if it's discussed and it's determined that both of you are unable to go then at the meeting you would say well in that case commissioner Joseph you know will represent the city or commissioner what meeting at the commission meeting at a commission meeting I think what he's asking if it's uh so this happened before this meeting obviously so in the past it would be something that staff would ask because we can't talk to each other about right no but what I'm I'm saying is so you know that again predictable events so you know next year the Le of cities is going to have their lunch and you know you typically know ahead of time and where I've seen it done is cities have a calendar of events that Commissioners would like to ATT let's say I I need to travel let's say we have today is um next month there's a Miami date League of cities dinner the the mayor cannot be there I could be there as of today right but in a week from now I have to travel for work or two weeks from now so we got another two weeks before the Miami dat County League of cities and we don't have another commission meeting what happens then your code is silent on that it says that you all select someone to um that you're supposed to select someone to act in in there in the so so so can the selection process be we don't have a commission meeting right two weeks from now and we need to appoint a commissioner to represent the city H how how has that happened your code is silent on that so I I can understand so go ahead I can add a little bit of of context to this so every year if you recall um around March the city commission appoints delegates specifically to the Miami dat League of cities last year in March commissioner Joseph was appointed as a delegate with you yourself as the alternate so that happens every year and to Allen's Point um the commission basically is giving you all the authority to represent the city at these conferences at Miami dat County but if there other events same thing for Florida Leal cities as well and if there's other events though this is I me I was using Mi County Legal cities as an example so is there something we could do because I know our Charter is is is is uh silent on that all right commissioner vcar wanted to add I have a suggestion okay so um I think we're straying from the motion but let's just make this point for Alex uh why don't we if it's you just take it like if it's it's goes mayor vice mayor right or if it's the Mii Miami Day Count um leue of cities whoever was appointed for that that's special but for other things we don't we don't have that so it's the mayor if the mayor is not there the vice mayor If the vice mayor is not there then right but then there's three of us right so so I would say whoever the most recent vice mayor and then the second vice mayor after that and you know what I mean you just got to go by by Whoever has held a position and and you work your way down and that way it's there's some hierarchy and and and you can plan around agree to do it that way okay so um Mr city manager if you want to put together a policy that we can all discuss the next commission meeting yes I will thank you okay all right so now I I call the vote so let's have a vote so can I have just a point clarification for the City attorney so if there's an actionable item which this seems to be one is there public comments required um typically if there's going to be formal action taken there should be public comment there's an opportunity to take public comment if someone wants to speak yes okay um then in that case may um we have a public speaker which is jod Joseph okay hi Jody Joseph 18560 North Bay Road uh Sunny Al Beach um off uh I'm sorry closer okay how's this um unfortunately the invitation SLC contract for the Gulf Stream race which was called the race of Sunny Isles Beach unequivocally that's Sunny Isles Beach so for someone to say it wasn't a government um uh invitation is absurd so uh Jerry went and Jennifer went and it said family so of course we brought our daughter and Jennifer brought her son and the um the five of us were at the table we were having a wonderful time and the um understanding was is that Jerry and uh Jennifer were going to take take a picture with the horse whatever gentleman comes over Lissa was there sadly didn't bring any of her children it was just some people there was um some alcohol going maybe that was the reason that this had happened and I do have pictures I wouldn't say anything everything I say is the absolute truth and that's why I'm doing this because I'm hearing things that aren't true and this really has to end this is such an embarrassment to Sunny Isles Beach gentleman came over from Gulf Stream said I'm sorry the mayor said that General ER and Jerry are not to take a picture with her she wants to be in the picture by herself and she wants to take the award given for herself with that being said they didn't care whatever okay let's have the kids take a picture he said oh that's more than fair and it was mentioned that really she shouldn't do that he's getting involved in something he shouldn't be getting involved in uh and he said I agree but what am I going to do it's you know I don't want to start an argument with her um but I think she'll have no problem with the children taking a picture long story short he comes back and he goes I'm really embarrassed I don't know what to say at this point but she will not take a picture with the children either and we all know that is that not true commissioner Jennifer you were there I'm sorry uh no actually if you look into it plenty cities do answer people that don't want to that's your choice but Commissioners and Mayors could absolutely communicate with the residents that you asked to vote for you that is true and am I correct Allan that some cities do allow that if they choose to that's the choice of the commission thank you um so is that the truth were you there I mean the kids couldn't take a picture she she doesn't have to answer she's already indicated she's not answering and I believe pursuant to the procedures they decide how they how the procedures will take place that's fine I just what she was absolutely there and the kids didn't take a PCT um didn't take a picture and the thing is you're talking about your guardian ad light them you could get all these things take these little courses but words are cheap and the fact is to bully children that's really really horrible and maybe if your children were there all the kids could have taken a picture but that wasn't the case and again I have pictures of you behind a um U an awning and the champagne was flowing which you didn't let them behind Jerry and Jennifer and also thank you for your comments and if I made $10,000 $10,000 and I had phone calls from Aventura laughing about what had happened you made a mockery of the city please stand do something her so this doesn't happen again please don't yell at me you beg I'm not yelling at you I let you speak you had your time thank you very much treat people more you know with more respect and dignity and be kinder especially generous with you please sit down and I apologize for answering the question before asking your permission where that's where at the end for Citizens forum and we have Citi form no we're on to we have to vote on this oh Excuse me yes we do so so the motion was made and I didn't hear a second who was the second missed second there was a second a second okay all in favor I I I okay the motion passes any opposed yes four to one thank you so now we are is was that was it right so now we are in the Citi we draft a formal censure is that it what no you just voted on Cent we have to vote on no you voted on the censure you just voted on centure no that was cent no we were voting on a centure I I I think that we should look at a solution and then if this is a repeat offense or whatever it is then you know we should look at um you know some some consequences but no I I I think I would withdraw my my vote all right so that's three to two so we we have people I think that are waiting to speak so I want to move on to the next okay so Alan you'll be drafting docent no this was done as a motion so you your discussion is the censure there's no official censure document that is produced well there should be a something on file yes okay no well you haven't you had there's no resolution you all made a motion there's no resolution you didn't ask for a resolution of censure so yes so I I'm asking now okay then you're going to have to do a motion for reconsideration because that's not what was voted upon all right so it would be in the minutes correct it's part of the meeting record yes okay so the centure will be a part of the record it's yeah it's a part of the record yes that's fine thank you public comment discussion I mean excuse me the citizens Forum so now we call Katherine catwick excuse me hi Katherine I think this is your first time here so please your name and address for the record my name is Katherine kic I live um half the year here uh at 16711 uh Collins Avenue unit 311 thank you okay so I um have been having some ongoing problems over the past year um my condo overlooks um jade signatures pool and um they play the music um in their pool all day from 7 o'clock in the morning until 11 o'clock it's gotten a little bit better because I've been um contacting the police department and they've been going over there and um but they're saying basically there's nothing they can do that the um music should be played at thir that that they have their music playing at 30 DB which is supposed to be um the limit um but it's going on all day every day seven days week and I think it's a lot louder than 30 DB because of how the building is um uh shaped uh I believe that their music is either there's a speaker either pointing directly at my cont or it's echoing off of the building and coming into my um into my unit I have uh repe called them um and they have um last year was the same song they don't have a different playlist it's the same four songs that they keep playing over and over and over again last year it was Adele and Adam Lavine literally 10 time the same songs 10 times a day this year it's YMCA and Let's Get Physical 10 times a day from 7 o'clock in the morning until 11 o'clock at night and when I call over there to complain um I guess it's retaliatory I don't know whether it is or not but a lot of the times the music goes on through the night um they celebrate holidays Easter um the Super Bowl the other night they put up a big La a big um television and are blasting their television um whatever they're doing Easter last year they had an Easter egg hunt where they um were on speaker phones and yelling I don't know if you need a permit for that but I had family in to celebrate my Easter with my family and with the door shut I cannot I cannot enjoy my own condo I'm paying taxes I can't be out on my balcony um without the anxiety of listening to what they're forcing me to listen to all all day every day seven days a week while I'm here I don't know who to contact um because the police aren't doing anything I don't know who I can speak to um but I don't want to continue to call the police all the time you know and um I just need some kind of a direction as to what I can do okay thank you uh I'm G to make sure that uh Myra if you can make sure please that that we get the information so that you can meet directly with the city manager and you can get this fixed that sounds like torture so I'm so sorry okay thank you very much for for for your time and for waiting next next person please Albert hadam hello thank you hi name is Alber Adam I live in witch towers and I've been in front of this commission before so on a lighter note tonight okay okay not the pi about to appear but we're going to put it to rest okay so I just wanted to at least thank the commission for giving me the opportunity to speak about my concern about why there are no bikes allowed on the pier and uh Mrs Stenson I want to thank you for least clarifying this and uh I guess rules are rules so I guess I'm GNA have to walk to the end of the pier now but at least thank you for giving me the opportunity to um as a resident of this city to concern you know to voice my concern and I do appreciate it and uh if you want lcu to PE look for somebody wearing a yellow shirt and if your kids need any extra shrimp just let me know be glad to give them all right so thank you it's put to the rest and thank you for letting me appear and speaking to you thank you thank you next person stay one question because I request to put this item in the agenda like a month ago but we didn't have the information till today so I would like to make a comment it's not an answering back just a comment go ahead yeah um I got the information about the rules and regulations today so what I'm going to do for a resident is that I'm going to send an email to the peer management company to please allow the people that goes with the bicycle to walk so it's going to be a request they don't have to say yes to me but uh I don't like when certain rules are enforced and other ones are overlooked so for example part of the rules that we don't have we cannot have animals there I being there when the dogs are completely unleash on their own in the pier people is smoking on it like constantly and in in cigarettes not even cigars that I know we are allowed to smoke cigars but not cigarettes so also they have cage for the lobsters Etc so it's a lot going on there a lot of rules and regulations that we are not following uh I'm going to make a request to please allow the people to walk with their bicycles um I never been Stu with my son when he's in the scooter my son wases with a scooter so but he's four years old maybe because he's cute but anyway I'm gonna follow with an email hopefully we can get something done I just make it no promises okay right I I we we hear you and I think that commissioner cus made it clear that she's gonna take this on so thank you um Mauricio and I just want to say I'll be adding my name to that as well Angel Vegas good evening um thank you for getting this opportunity to speak I attended your uh this morning uh this afternoon's workshop and uh about an hour and a half kind of interesting uh the subject I actually went to hear about was very Folly very lightly I learned more about the first amendment in religion which I had no really clal about but it wasn't the thing that wouldn't I wanted to really know is about the scooters and the thing and what I got out of it is that 200 people estimated to register their scooters and we don't know how many scooters are in uh Sunny Isle right but if I would do some quick math we have over 20,000 people 5% of that is a th people 200 people is 20% that's 80% not registered so let's say 500 people okay that's 40% registered 60% not registered and I'm saying to myself wow the law goes into kind of effect and in force in March which is two weeks away 60% of the people are not even registered their scooters and I go ask yourself why ask yourself that question why and I say to myself you know when I look at all you register new requirement you you you soft it this thing is so soft like it's a requirement you know they used to say click it or tick it okay it's not a requirement this is a law and it has to be pushed as a law it can't be I know it's an uh not popular and specifically for parents that this is going to you know they're going to really it's not a popular thing but I didn't vote you here to be popular I voted you to the do the right thing okay so we have to push forward to make people aware I see it in the thing I said started the law you must register your vehicle okay and that's just my thoughts on it because I don't get the opportunity to speak to you all at once I get to speak to you individually but I had the opportunity to see you so that was my thank you I appreciate you taking the time to do that reu Amelia karasik good evening good evening hello okay good evening um so my name is ail K and I'm um here representing Winston Towers Master Association give your give your address please uh my address 23174 Street wi to 300 um so I'm representing right now um board of directors of Winston Towers Master Association and also about 10,000 unit owners um of Winston TOS community I was asked by the board of directors to bring to the attention of the city Administration and commission very important issue which Winston Towers Community currently facing at the last meeting of Master Association in December 6 the Winston Tower 600 president management and construction company approached Master Association with the request to allow two-way cross traffic through 174 Street from Winston Tower 600 to the AR privately owned parking lot across the 600 building also they ask Association to remove gate between those two private properties which means there would be a constant traffic Crossing back and forth from won Tower 600 building to Arc parking lot near the intersection of 174 Street and Collins Avenue which is a concern for for collision and pedestrian safety at the meeting Master Association board of directors refused to allow any trafficking through the property which belonged to the Master Association and creating any two-way traffic between 600 building and arcade parking lot sever several days ago we were notified that the gate The Divide divides our property from arcade property was removed by Arc Board of director of Master Association would like to emphasize that we did not authorize use of our property we will be securing our property and reinstating no no trans spacing signs which were removed as well also we're requesting Ark for AR to install a temporary divider to stop trans spacing through our property which does not have a sidewalk just grass this is creating karious um condition to transpor transpasses add an ability and liability for the Winston Towers Master Association so all documents um supporting my presentation had been filed with the city of s is as well as Miami date County so we would really appreciate to take this up thank you I I think that the manager already working on this so um yes absolutely I just justed me to present this no and I appreciate that very eloquent thank you we're concerned with the uh safety of um your residents thank you Joe salic know about this good evening is the sound okay good evening uh uh honor bishop and uh the uh dear commissioner my name is Joe salik and I had opportunity to visit uh mayor and also [Music] the Jennifer and Mr Jerry Joseph about the issue that uh uh put the name of uh the one of the access road to uh M amini that who was killed in event against the um Iranian Revolution if I can read that for you is um that's the way I just wrote it first then I I can read it for you ladies and gentlemen dear Commissioners I stand before you today to honor and honor and mount in in name of Massa amini a courageous individual who who two years ago sacrificed her life at the at the tender age of 20 for the cause of Freedom her unwavering commitment makes her a martyr for the noble pursuit of Liberty today we propose dedicated a public access road to the ocean in her memory symbolized her enduring Spirit and the path she paved for the freedom we hold year and in order to understand what I'm explaining if you kindly go to the Google and find out the the magnitude of situation that happening in uh in IR Iran and against the humanity and Freedom the only thing I just want to ask that to remind the name of Masa amini he she was martyred for the freedom of women's and uh women's right that's it thank you thank you we will absolutely consider it um thank you very much thank you that's it that's it okay so uh with that meeting adjourned thank you perfect thank you everyone