all right good evening everyone thank you for being here um I'm going to call the meeting to order Mauricio commissioner Cent commissioner Joseph here commissioner viscara yes here vice mayor Lama here mayor fetchin
here all members present great thank you um we're going to start with the Pledge of Allegiance um former mayor cup if you would lead us in the pledge please everyone can stand I pledge allegiance to the flag of the United States of America and to the
Republic for which it stands one nation under God indivisible liberty and justice for all thank you thank you um we're supposed to have invocation but um I Baron's not here um I I was
going to do this anyways before we start the meeting um for for many in our community that this was a particularly hard day um four hostages four hostage bodies were um recovered in Israel um
Sherry bibas 33 Ariel bibus 4 fear bius 9 months and noad LIF 84 I would just like to have a moment of silence and um recognizing this yes and will never forget thank
you okay um do you want to play the the uh opening statement first thank you good evening ladies and gentlemen we appreciate your attendance and thank you for joining us tonight before we begin there are a few important reminders
regarding conduct during our commission meetings please ensure all electronic devices are turned off or set to silent mode to maintain the Integrity of our proceedings mutual respect is a foundation of productive discussions we ask that everyone remains silent and
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the agenda's points remain concise and avoid redundancy should an individual speak without the chair 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
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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 3 minute comment comment per item if you exceed the three-minute allotment the chair will advise you to finish your comment if you speak out of turn without permission from the chair and or you do not cease speaking after
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appearance before for the city commission as permitted in s286 0114 fs and SS 745 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 okay before we uh go to the order of business uh we have some additions but I um want to just uh Echo the
message that we just heard uh we are here run by Robert's rules in addition to our own u rules of decor and Behavior Uh our January meeting uh was somewhat chaotic um that's not going to happen at this meeting we're we're going to do this order ly because we have some loose
ends that we should tie up um towards the end of the meeting we had uh a motion and a second made which was to censure me however because of all of the noise there was no vote so although because of some of this confusion and um Mr city clerk please correct me if I'm
wrong it's not technically uh unfinished business uh so I'm bringing it back um as an add add-on item so that we can finish this up in an orderly um fashion um and then with that I'm also
um adding 9M for um commissioner viscara who requested this at our workshop and 9 L is being deferred that's correct mayor okay yes thank you so I have a question so the bringing back of the unfinished business
that is going to be in what order it's going to be in the order of of it being an addition so it would be towards the end towards after where we have our motions so is there a number to it so that someone that's a very good question what number should we be yes it'll be
included under Section 10 which is motions okay so right after the resolutions I was actually thinking that because it was unfinished business but actually it has to come back as a new motion and the mayor has now made the
motion I believe that that should be taken up at the beginning of the meeting rather than at the end okay well based on the way that we normally function is that I'm putting it where it would have been if we did it correctly so because
it is being it's an addition not an unfinished business if it was unfinished business it would be something different however the point of it is is to allow as much public comment and as much participation from the public but also not to have to have the rest of the people that have items on the published
agenda have to wait but but then you're also but that's fine causing the people who are here specifically for the unfinished business to wait until the end I either way it's this is what I am making a recommendation of if you are saying you would like it at the end then
it's based on what the commission says however I mean rather in the beginning I feel it should be at the end so that we can go to our agenda items that we have published and that people expect to be heard on first so with that the in anyone in the commission do you have any any sort of
uh issue with it being put at the T at the uh item 10 no I would I would like to see it as the first order of business okay so we're leaving it as after resolutions correct either way I'm I'm okay but we
have to decide because right now we're setting our order of business so we're adding 9M we're deferring 9 L I'm making a motion to add to 10 I'm okay leaving that at the end okay yeah just for consideration of everybody else
here I agree okay leave it at the end all right okay okay all right mayor so we just need a motion to approve the changes to the agenda I need a motion please so moved second second okay all
in favor I I okay thank you um okay so the next agenda item is zoning and I will read the introductory statement uh ladies and gentlemen this evening's agenda has one zoning
application in these matters the commission sits in a quasa judicial capacity the decision of whether or not to approve a zoning variance is not a popularity contest but most be based upon substantial competent evidence that is that is presented tonight if you
intend to provide testimony on any zoning application you must be sworn in by the city clerk and you should also fill out a public speaker card and give it to the city clerk before the item is called we will first hear from City staff and then from the applicant after this the mayor will allow anyone from
the audience who has been sworn and to provide testimony the zoning applicant has the right to cross-examine any witness for rebuttal please make your comments concise with that I will read the Preamble in accordance with the ldrs of
the city Commission of the city of sanal beach all items to be heard today have been legally advertised in the newspapers notices have been mailed and posted on the properties all persons wishing to speak at this hearing please raise your right arm to be sworn in applicant you s say when you're about
to give is the truth the hold truth and just for this item truth so help you got thank you okay and before we continue are there any expor Communications that need to be disclosed any member of the commission no yes no yes and the
contents of the conversation just that it's going to be on the agenda got anyone else nobody okay thank you and if if if I may please I neglected to um to point out that we have the former mayor UB in the audience
former vice mayor Lu Taylor and we also have commissioner uh Annabelle liab from Hollandale Beach thank you sorry go ahead thank you okay good evening mayor vice mayor and Commissioners um this is application pz
20253 which is a site plan modification to the Estates at aqualina off-site parking garage project um the applicant is the developer and the current owner A3 Development LLC and A3 Atlantic Boulevard
LLC uh the project is located at 17941 Atlantic boulard which is adjacent to uh Government Center directly to the south of us and the applicant's request is to eliminate the condition of approval in City commission resolution 21z 1883 and
my quicker is not working there we go okay and the applicants request is to eliminate the condition of approval in City commission resolution 21z 1883 to underground all utility lines adjacent to the project uh for a bit of
background and a little bit of History the Estates at aqualina off-site parking garage project was originally approved by the city Commission in 2020 and then it was modified again in 2021 the project received its initial temporary certificate of occupancy in January
2024 and has since completed construction and satisfied all inspections and conditions of approval except for the undergrounding of the overhead utility lines or under overhead power lines um essentially the site plan modification before you this evening
will allow the utility lines to the East and to the west of the project site to remain and I do have some photos so this is a picture um to the east of the site so between the parking garage and the gas station these are the overhead power lines that would
remain and this is a picture along Atlanta Boulevard to the west of the project that shows the power lines that would remain um the applicant has advocated for the undergrounding with FPL alongside the city um to the best of their ability however the undergrounding
of these particular lines is dependent on Pro on work throughout the corridor and there is nothing further that the applicant can do to make the undergrounding happen faster this is the final item to address before the issuance of the final seal so staff has compiled filed the relevant facts and
the requested site plan modification is presented to the city commission and I'll be available if you have any questions thank you do we have any public speakers no ma'am okay does the applicant want to say anything good evening good evening honorable Commissioners honorable mayor
uh my name is Jerry Campos I'm here on behalf of the applicant A3 development A3 Atlantic uh I think Amy did a pretty great job presenting the issue concise um the park the parking garage is directly in front of us I think all of you are very familiar with it um just to
expand a little bit on what Amy said um in terms of the conditions on the site plan uh We've satisfied all conditions including you know providing uh Landscaping uh lighting to beautify the area a walkable path the easement that connects Collins Avenue to Atlantic
Boulevard that many residents and children use on a daily basis um we've also included an antenna easement uh on the roof rooftop of that garage to provide the city with communication needs we've provided bus shelter eement on Atlantic Boulevard uh accommodating
commuter accommodations and beautifying the area as well so uh like Amy said really we've been working with been trying to work with f for over a year um to get this project completed uh we installed uh multiple conduits
underground to prepare the area to get the power lines underneath and charged um and it's just been uh we've reached a a precipice where FPL really doesn't have a completion date for us and you know our CEO is dependent on it it's really outside of our control
uh we're still committed to assisting the city in any way possible that we can and supporting these efforts um but we think that our Co is being um really it should be decoupled from this process um with that said you know if uh happy to answer any questions that the commission
or the mayor may have in connection with this uh request okay commissioner ston okay who has to pay for the underground as of the conditions of right now the conditions right now are silent as to payment from the applicant um so there is no condition of payment
so you guys are not the one that had the financial burden of putting we we had the financial burden we did pay for the improvements of the conduits the digging up that were installed that have been installed it's ready there's that youan spare uh spare conduits that FPL
recommended and wanted so we already paid for those improvements okay but if you if this would have passed so it will be kind of a financial relief for the applicant because now who will have to pay for that will be the city basically when FPL is ready for the underground to
continue now we are the one who have to putot the bill am I correct Mr city manager go ahead there there was no condition of payment in the approval of the site plan so even if it occurred in in a timely fashion they were not required to pay so
who so right now we don't know who has to pay for it you are going to pay for it anyway regardless okay so there is no financial burden for the applicant by then getting out of this condition no because there was no there's no for some reason there was no Financial condition put in the actual approval of the
project where they had to pay for it okay but what it says here is that they are the one who has to do the underground they had to have the underground done correct by fpnl but there was no requirement they actually pay for it okay but if that is a condition it should be like imply who
has to do it you know so which is which is part of my question you know uh it affect the city because now for sure we have to pay for it maybe before it was in there but now we have to pay for it and um and I understand that you want to have the certificate of of occupancy uh
but it's a parking garage so there is nobody living there anyway and we have several buildings on the east side of the still of the city I Muse doesn't have the certificate of occupancy just yet uh where is that hundreds of people leaving uh so I understand that you want
to finish it and and close that chapter um I just don't see ER the need for this to be honest you know maybe they see in a different way I do see that it is not good for the city to get into this there
were conditions agreed upon I don't like when those conditions then they change over time which means and give also the impression for the future that okay we can agree at the very beginning because we want the permit and later on we can just change those conditions and agreements uh I don't think that said a
good precedent you know I have three children if I set the rotes for one it has to be for everybody and I need to be consistent and today in the first meeting we talk a lot about consistency and I don't think this is consistent what we we have to do uh I never spoke about this with anybody uh but I read
everything and for the presentation application Etc I don't see the need for this okay all right Joseph yes okay so I have a question so the problem here is that FPL just doesn't have the manpower
to complete the project at this time we in part correct uh in our experience when we've been dealing with FPL from the beginning when we installed the conduits underline um they ran into a standstill they had a lot of turnover there were a lot of uh events in the State of Florida that
required their Manpower and allocated their resources elsewhere um and you know over the last six months we've been trying to accelerate them to get this project completed and it's just there's no there's no end in sight okay so let me make it easy for you because this is
the same situation as Golden Shores so Stan why isn't I am I coming in and completing this project go ahead Mr manager that there's different phases of the
project and fpnl cannot like the gentleman was explaining give us any kind of definitive time frame for that so there the the other item on the agenda where we're uh suggesting a contract with IM is for different connections
throughout the city that will assist with Golden Shores this is something completely separate yes I understand but to the point we cannot get any kind of definitive time frame from fpnl on when thisr no I understand my understanding
is that fpnl has to do this work what the nature of the work my understanding is the nature of the work that needs to be done here fpnl has to do the work yeah but they're not here to answer wait wait wait wait wait wait we're we're going to keep order so one person at a time and please wait until I
recognize you so okay commissioner Joseph you have the floor please go ahead so the work that needs to be completed here is different than the other grounding work in Golden Shores it seems to me that it's probably very similar it's similar but it is different
yes the work that we're proposing with IM am is different connections not related to this and there's also phasing for the project from fpnl that they cannot give us any definitive time frame on this that's the
issue respectfully if I may I think the work that you're referring to with IM is work that we already performed on our site right they're going to run conduits to make the connections and then FPL at some point will have to run those conduit or run those power lines and charge them so that portion of the work
we've made significant investment to provide those utilities those conduits underground so that that work is already set hold on so you already have the PVC underground that's correct so you're just looking for the cables to be pulled correct correct and energized right so
then isn't that what I am is doing in Golden Shores I am is doing some conduit work where there's some missing parts and then that's part of their contct the other part is the connections yes right so why can't they
finish up here as well fpnl doesn't have a line underground yet they're still overhead that part of the work hasn't been done yet so they have nothing to connect to and IM can't do that fpnl has to do that
they've already done the work that as the gentleman explained that I am would be doing in that sense but there's nothing to there's nothing to connect it is quite delinquent on a lot of their contracts so don't we have any provisions to hold them the task they're
the only Power Company in Florida yes I understand that but don't we have any provisions to penalize them so that they get on it we could stop using them conts um all right I'm I'm going to uh let someone else speak commissioner
visgar you have the floor so uh commissioner stus actually ra raised the the question that I had because when I read it um it I understood that the burden was on was on
the applicant and that so as I read it and I didn't have the benefit of an individual meeting so I'm just going on my own individual understanding um I understood that it was I understand that that fpnl is the
problem right so it's not you like you've done everything you can f fpnl is the one who has to actually come in and do it and you've done your part and they haven't done it and so you're you're being held back on the certificate of
occupancy so but as I was reading it I always as my assumption was that yeah that that the cost that you would run with the cost because it's drafted in a vague way and so my question was going to be you know are you going then to do
it in the future when when fpnl if we if we sign off on the certificate of occupancy would that would the new condition be that when fpnl is on track that then you're going to come in and do it um so that was question one because of the vague language regarding the
payment and commissioner cyber raised an interesting question for me which is how is the lack of the certificate of occupancy holding you back so to answer your first question um we are committed to the beautification and we support the project that the city's
taking to underground all the utility lines we're not going anywhere we you know we're tied to the Estates everyone at Sun Al knows the Estates Jules Trump has been here for many years and will continue to so I think our interest is also tied with yours in terms of getting
those power lines under so as we've been doing we'll continue to cooperate and push FPL as much as possible but I think it's it's really I think the two issues have to be decoupled in terms of getting the co and running these lines which like I said we have and other people
have ackowledge there is no end in sight so right now we're just kind of swimming in this fast ocean not knowing where where we're going um and if you can I apologize your other question um how how is the absence of the certificate of occupancy holding you
back it's really an administrative burden that uh I guess has an impact on the city's resources on our company's resources we we're on our fifth TCO extension and it' just be a continuous
uh you know administrative um roundabout okay for TC so it's an inconvenience it's an administrative inconvenience it is an inconvenience there's some cost Associated um with that um you know we we'd like to have a CO close it out and
decouple it from this condition that we have no control over but like I like I mentioned we're committed to this project for the city uh we're owners of that garage so it's not like we've turned it over to a third party where we have no interest uh we have a very much interest that make sure these uh power lines are put underground for the
beautification of the project beautification of the city um and our brand and reputation so we're not going anywhere we're committed to assisting the city in whichever way we can okay I'm may I ask a question of the city manager do you do you do you happen to
know cuz I I I don't like to you know I don't like to throw stuff but I like I said I didn't have the benefit of the individual meeting on this one so um is there a a comparable uh situation that we've had with a different project uh that where the under the
undergrounding became a an issue and and if so who paid I'm I'm separate from the homes you know like something else in the past the work that was done along Collins there were several variables
that were considered in terms of the length of the lines for the project but there was some type of owner participation in sharing the cost but it varied and in this scenario owner
participation would be aqualina some owner some owner participation means means some payment by by the owner of the building that's what that means mayor if I can please go ahead okay so this is a city undergrounding project
what was created back in the day you all didn't do an assessment you didn't do anything like that you created a spreadsheet that had sort of a demarcation as to how much each person would pay however as the projects were getting approved some voluntarily paid some conditions of payment were put in
the site plan approvals others were not this is one that one was not included so the work essentially is a city it's a city project and my understanding is they've done all they can do the fpnl can't just
come energize and bury their line they have to go down the line so there's other properties that are involved that haven't been done either yet that are holding them up obviously it's all fpnl and fpnl has to energize it all the conduit work all that stuff's been done but it has to be energized and actually
connected by fpnl and that's what the holdup is as to cost though it's been mix and match some have paid some have not paid but it's not who has paid or who hasn't paid is who was supposed to pay like some people will and some
people won't but who was supposed to really that's the question and and what you're saying is because it's vague that vagueness works against the city it does because it's been inconsistently applied some of your approvals have had the condition where they have to pay others have not
and and this one is does not have that in there and again most of the work has been done the only thing that's left all the works not all the work most of the work's been done and paid for it's just the connectivity that needs to occur that only fpnl can do which I understand
and I know that you've done your part uh so my last question again I apologize because I didn't was it wasn't able to discuss this in advance um is this something that's that we budgeted we did not so then this
would so then no so nobody's resp like on paper there's no allocation for this for this um responsibility or the city no and neither and neither the owner so it's just in in the air in the air yeah okay
may I why do we assume this cost wait wait wait no no no hold on we're going to take turns and I guess my my follow-up question to that would be understanding that it's a city project like I I don't know how this is not budgeted if we've been we've budgeted
undergrounding since as far as back I can remember so may I don't know maybe we need to look more closely at that because I would have expected it to be budgeted um but um if it isn't then and I know you may not have that number now
but then I'd like to know what that means I guess that would have to be a budget amendment I'd like to know what if not this part and there's other parts like how much is has not been accounted for that we would need to know that but
okay like but if May the vagueness works against the drafter were we the drafter it's too far back I presume so because it was a development it was in the resolution so I presume it was but it's it's too far back I wasn't involved okay I'm I don't have any more questions
okay um vice mayor yeah so my question is if FPL wouldn't have been behind and there wouldn't have been a hiccup and everything would have been done in a timely fashion for that connectivity who would have ended up
paying for it my understanding is the city would have the city would have even though the contract that was drafted of the agreement is vague it doesn't specify that the city cuz it's a city project it's your it's your undergrounding project okay and they
paid for the conduits on their side and to get everything connected but as to the fpnl responsibility and undergrounding unless it's specified in their development order that they have to pay it's essentially a City cost at that point that's why I was inconsistent with some groups having to pay and other
groups not and when you say groups are you we're talking Speers buildings or are we including in uh the houses in Golden Shores Golden Shores is a completely different thing that we're going to have to look at because that's right now you're footing
the bill and there probably should be an assessment but there's a whole process you have to go through for an assessment right now I I understand we're putting the bill but also there's been talk about uh having some of the homeowners pay for the final connectivity for
fpnl well that's something the stud is going to have to determine because for AT&T and uh breez line I believe they're charging the individual homeowners okay on their own from fpnl standpoint and that's something else I have a meeting with the city manager with next week to
determine how we're going to proceed forward with fpnl because why fpnl is not going in doing it themselves is one question but to the extent that they're not and we're paying a contractor to do it City's going to have to determine who's going to pay for that and how that's going to be achieved okay all
right so given that this has not been budgeted even though we've been talking about um the undergrounding project for a while and understand these things come up but I I would like to see uh states of aqualina pay for that final
connectivity and see if we could rework whatever agreement we have and moving forward you know I think we need to be very specific especially when we're talking about buildings you know H having them pay for it um you know so I think that if we could have the states
of aqualina pay for that you know we'll give him the co but you know once that other part of the project you know I understand you want to decouple it and I know why I mean you you explained it uh very clearly but I think that the
payment should be made by by the states of aqualina even and that would be voluntary on their part if they choose to do that but you don't have a mechanism to force them unless no no I'm not talking about forcing them or anything but but sitting down at the table and and and trying to renegotiate
something okay I just have uh two questions before I give the floor to commissioner ston um how much are we talking about here what is the the approximate amount ballpark 10,000 20,000 don't know no
okay we don't we don't right so the other the other question is if there was an expectation for us to have been paying for this from the beginning based on our agreement why wasn't it budgeted m we do we do have a general overall
budget that you approved for our undergrounding project so it would cover this we have a gen yes but in terms of specifically for this no but if our expectation was always to pay for this then it would be the inclusive so I I
just look it's the cost of $65,000 and my understanding it has been budgeted that yes it has because it was part of our project okay so now we have clarification it has been budgeted $65,000 um but you're requesting that Alina pay for it even though it is
budgeted and I'm going to give commissioner ston the yes I mean if moving forward we have a policy where especially you know we're talking about um you know buildings on the east side of Collins or newer buildings that are luxury buildings we could have them pay
for that okay whether it's $60,000 $65,000 and um yeah I think moving forward we have that policy and these agreements should be clear about that all right commissioner well I do believe we had a similar issue last year with Turnberry
on the ocean they also have issues with the certificate of occupancy and they have problems with FPL too uh we had uh in June 2024 we had that as a soning hearing as well which was defair uh they
start communication with uh FPL and in the next very few month it was solved so maybe we can do the same thing you know defer the item or give a little bit more of time and more pressure to fpl uh everybody here is talking on behalf of
FPL but FPL is not here so maybe there you guys are next in the in the to-do list we we don't know that you know so and I don't like to talk on behalf of the people that is not not present so having said that uh like I said before uh it's a parking lot and I know know I
have for you guys is inconvenient and for the city as well to have those open certificates and everybody wants to close all of them uh as soon as possible uh I just uh don't see the need to change the rules of the contract and
hopefully we can have a way to read it in a matter that is more convenient to the city and not that always the city is the one who has to be losing respectfully just to add on that we've been dealing with FPL for quite some
time um for months so it's it's nothing new that we're saying oh they can't resolve it now we've been dealing with months we've we deferred our last application thinking that it would come to a head now but it just hasn't they haven't been able to provide a timeline so we don't know what if it'll be in a year six months or somewhere in between
or or another you know another time frame but just to address a couple question a couple of remarks that I was hearing so we have made significant invest ments in this project we already put the underground uh conduits down there uh We've uh We've contributed to the art and public places fund um we've
also made accommodations to have an antenna easement for the city to use to accommodate their accommodation needs so we have done some many investments in the project and your concern was will will this set B bad precedent um for other developers I think there's uh
different factors one the language that's in the site plan resolution it doesn't say that the developer is responsible for paying uh and second it should be analyzed on a case-by Case basis on what the applicant has done in this case we've provided the improvements on the ground we've we've
had continued support for the city and we're we want to continue to achieve this project so we're still involved we're not going away we just want to decouple it commission Joseph do you want to so have you been dealing with upper echelon
people at FPL or project managers or both we've uh we've actually dealt with a series of project managers because there's a lot of turnover at FPL right um so each one it's about re-educating them on where we are on what we need to do um we've you know we've used our um
the resources that we have from uh Jules and Stephanie Trump yes with peoples at the top to try to get this project through so we have been making efforts it's just it just hasn't culminated well if you'd like to share one of those phone numbers with me I'll happy to make a phone call sure um
I have a question please go ahead and then I have um again commission um brought up I forgot about that turn barrier we talking about the one was just this little piece of of the one that just had like one little stretch of of of wire still left on Collins is that
the one that you were talking well in in the trees in the coconut trees yeah yeah that one okay so so what um and in the end fpnl we didn't need the they they fixed it before they had to come back I remember now okay so I would would be I I would like to know like how that one
worked it they I'm sorry yeah how did that one work it got they paid because it was in their condition of approval that they paid so so that agreement wait wait wait wait wait wait right so we were drafting different contracts for different people
okay got it okay um before uh vice mayor gets up I wanted to ask Amy if you can come up please any explain why you brought this item in front of us and how if and how and if this is different and why you're making this recommendation because I think
there's some um sure questions here they're not answered um so just to clarify Turnberry didn't pay the city what they did was they had an application to remove this condition and then they deferred the item and then within a few months they worked with FPL
to have the lines underground that was a different kind of issue what happened with that one was there was a property further north where um they were supposed to have a dedicated Transformer but another site took that Transformer and so they had to do some work with working around that specific issue they
get them underground so Turnberry worked directly with FPL and then they no longer needed that condition so the what did come before you was the variance to reduce the number of Street trees so when it came before you there was no issue about the undergrounding um just specific to this
project um the the developers have done everything in their purview that they can to get this underr grounding work done what they're waiting on is work that needs to be done further north in the corridor along Atlantic Boulevard um
and as uh Jerry has said they've done they've underground their conduit that's as the most that they can do there is another item on this agenda to add $65,000 to the project to help with um finishing the phase three of the
undergrounding which includes this development site that 6 5,000 is for the whole Corridor it's not only for their project site and lastly um the underground project is budgeted there's $29 million in the budget already to
satisfy the undergrounding work and if you can clarify you said um up north how North are we talking about because we're the up north to 185 so all the way up to Publix Atlantic Boulevard um so will that in to 185 so that
includes Atlantic the school um the power lines are on the east side of the road okay so they run adjacent to the arcade Plaza and then our property I see and then it runs further south so they're not the only ones affected in this phase three of the
project okay and the reason I brought this before you is because um we feel the developer really has done everything in their purview to get them underground we're just waiting on FPL to make those connections further north and um they're asking for some secondary conduit line but but not where this project is
located okay thank you so you're recommending it okay if there aren't any further questions um I'll take a motion I'll make a motion okay I need a second please second okay
Mauricio commissioner Joseph yes Vice Mar Lama yes commissioner cent no commissioner viscara yes mayor fetchin yes the application is approved four to one okay thank you
thank you um all right before we move on to the next item because we did have additions and uh we had a deferral I just want to make sure that for those in the audience um please go fill out a public speaker card for any of the items if you choose not to speak you just can
say I I I changed my mind it just makes it a lot easier um so that we are um very deliberate in our actions today and it's very clear and it's fair for everyone okay next item please next section is ordinance first
reading six say an ordinance of the city Commission of the city of s Alis Beach Florida amending ordinance number 2024 d618 approving budget amendment number VA 24253 to the city's operating a capital Improvement budget for the 2024 2025
fiscal year authorizing the city manager to do all things necessary to implement the terms and conditions of this ordinance providing for an effective Dee okay Mr city manager please mayor vice mayor members of the commission this is our third budget amendment and this is
uh part of our year-end Closeouts regarding our fund balance some purchase order carryovers creating the procurement Department that you allowed for the last meeting and some transfers out of the
general fund and other budget related items okay and we discussed this during the um agenda review but just for clarification before I ask if there's any public speakers the the increase for the the allocation rather for the
additional um manager um we anticipate that's going to be offset by the Savings in in having someone um manage those contracts exclusively is that correct I just want that on the record yes ma'am okay do we have any public speakers no ma'am okay uh vice mayor would you like
to start if you have any questions no question okay commission commissioner scar commissioner Joseph no no questions thank commissioner ston all right I'll take a motion please second second okay
Marcio vice mayor Lama yes commissioner stent commissioner viscaro yes commissioner Joseph yes M fetchin yes the ordinance passes on first reading second reading will be scheduled for March okay next item
please ordinance for second reading 8A is an ordinance of the city Commission of the city of sanal Beach Florida amending ordinance number 202468 approving budget amendment number ba 2425 -02 to the city's operating and capital Improvement budget for the 2024
2025 fiscal year authorizing the city manager to do all things necessary to implement the terms and conditions of this ordinance fighting for an effective date mayor vice mayor members of the commission this is our second reading of our budget amendment from last month that includes installing cameras in the
elevators at Government Center and allocating some funds for the storage shed at the Layman great thank you do we have any public speakers no ma'am all right are there any comments or questions from the commission no I'll take a motion please motion second Mario
commissioner cyers commissioner viscaro yes commissioner Joseph yes vice mayor Lama yes mayor fetchen yes your ordinance is adopted okay next item 8 B is an ordinance of the city Commission of the
city of San spe Florida amending chapter 22 of the court of ordinances and title City departments created to eliminate the development services department creating the procurement Department creating the Innovation and technology department providing for repealer providing for separability providing for
inclusion in the city code providing for an effective mayor vice mayor members of the commission this is the second reading of our ordinance eliminating development services department establishing the procurement department and creating the
Innovation and technology department in the city great thank you do you have any public speakers no ma'am any questions or comments from the commission I'll take a motion then no motion second second Rise commissioner
yes commissioner Joseph yes vice mayor Lama yes commissioner Cent yes mayor fetchin yes the ordinance is adopted okay now we're on to resolutions 9A just a reminder we have
an addition of 9M and deferral of 9 L in case anybody wanted to U sign up to speak 9A is resolution the clearing is zoning and progress relating to the mixed use Resort District Town Center District neighborhood business district
and business overlay districts mayor and vice mayor members of the commission this will extend our current zoning in progress for another three months and as you know we have some workshops planned for you very soon so that you can give us further
Direction on our zonings okay do we have any public speakers no ma'am when is that first Workshop just for the the audience to know so next week but what day I don't Monday right 24th I believe yes Monday and Friday okay and we're going to be
pushing that out yes okay great um no public speakers no public speak any comments or questions from the commission I'll take a motion please motion the second second all in favor I I thank you next item 9B is a resolution
approving the purchase of a 2025 arbach low floor shuttle bus from model One commercial vehicles mayor vice mayor members of the commission this is approval to purchase a lowf floor shuttle bus which is
definitely in Need for our Fleet there this was based on a piggyback contract from the Florida Department of Transportation there is a 36 month 36,000 miile warranty and if you approve
this it would still be a year before we received the bus there's a year lead time so for clarification in 2026 it will be a 2025 bus yes okay do we have public speakers Merc no ma'am any questions or comments from the
commission so I have a question this 188,000 doeses that reflect uh a cost savings regarding a 2025 or is it just that's what that's
our penalty for having to wait that long there's no penalty it's just a it's just a delay I don't mean penalty right that's that's the cost of what it is that it just takes how long to get it yes right now because of the supply and demand yes
okay okay take a motion so move second all in favor I I thank you next item N9 C is a resolution approving a First Amendment to the agreement with policing with a passion city manager mayor vice mayor members of the commission
this is a First Amendment with policing with passion they have assisted us with oversight in our police department and more specifically dealing with our red light camera installation and um program
okay and the cost of this would be our projections are would be covered by the red light camera program all right do we have any public speakers no ma'am and just so that um since we have an opportunity to remind the public look where they
are the red light cameras if we can just various intersections throughout the city sorry mayor I can't tell you specifically but just don't run any red lights well I thought we were going to be very transparent about it is my point
so I just I haven't gotten any complaints at at all about this so only good thing so this please use the ways okay all right uh no public uh speakers all right any questions or comments from the commission I have a question regarding uh pleasing with passion
you're recognized thank you so uh Mr city manager um the um purpose of policing with passion I know they've done a great job on so many issues what is the um what going forward what is the
um uh purpose that you might be using them for in the future do you is this an ongo relationship that we're to have after the accreditation and all I feel like yes when this when I
first contracted with Paul um now two years ago and he's done a great job thank you yes we I really needed an independent person that was outside the agency to come in and do a full assessment and that I relied on Paul
from who met with you individually to give you some of the challenges we've had in the Department those concerns have been I would say implemented and change has been
significant including adding of 18 new police officers as well as promoting the chief and assistant chief so from this perspective I'm using him to help with the implementation of the red light
camera program but also to provide General ener oversight and guidance to our chief and assistant chief okay so is that something that the chief will uh require going forward or is there a time
when you know the chief may you know not need that assistance well I think the G Chief has done an excellent job he has exceeded our expectations for all of us that being said I still like to have the oversight
and someone with many years of experience and wisdom guiding him so at the point where the chief feels like we have reached that then he and I would have a discussion and I would bring that back to you okay good thank you and again I want to reiterate Paul has done
a great job for the city and we all appreciate it I'm sure thank you okay take a motion motion second all in favor I next item 90 is a resolution approving
an off system construction and maintenance agreement with the Florida Department of Transportation to perform pedestrian safety improvements from south of State Road 826 to north of 178 Street in Collins Avenue city manager mayor vice mayor
members of the commission we had a substantial discussion about this at the workshop but essentially an order for the Florida Department of Transportation or fot to come in and perform some safety improvements in walkways
throughout the city they're requiring us to enter into a maintenance agreement with them so in order for that project to move forward we're bringing this to you for Authority okay um do we have public
speakers no ma'am um all right before we go on to um the commission when we discussed this at the agenda review it was not clear where exactly um they would be looking to make those improvements and what specifically do we think they're going to be doing I know
that there was a discussion about making um crosswalks more ADA Compliant uh can you just give a little bit more detail before we get to the commission's questions as to their proposed work yes what you think they're going to do yes they're going to do crosswalk and
improvements on 170th Street 172 Street 174 and 178 they're going to be upgrading them to make them more um accessible compliant and in line with current standards okay there any
questions or comments from the commission yes so go ahead yes thank you so during the uh gender review I had asked if at this time since we have to agree um and sign for f fdot if there
was anything else in the city that might need um upgrading that we could ask ask them to do um and I was told that there really wasn't anything but then it came to my
attention that over uh walking around by the causeway it's very unsafe where people can walk just across the street at any time and and not getting over not waiting to get over to the crosswalk if
there was some some type of guard rail that could be put on the curb to prevent people from jaywalking over in that particular area where people are coming off the causeway it's a very dangerous area
there I I will certainly ask them if they can do that I do not I do not know the answer to that take a motion then I'll move second second all in favor I item please 0 is a resolution approving
a First Amendment to the agreement with Nunes construction for the installation of an emergency generator and building restoration at Gateway Community Center mayor vice mayor members of the commission this is our first amendment with Nunes as we get into doing restoration work at Gateway Park we're
discovering some things that need to be rectified and corrected that were improper during the original construction for example large buildup of stucko walls and areas that we're trying to repair so this amount
will help us to assist to do it the right way okay um before we get to any public speakers during the agenda review there was a um a request to um give an update on what the total cost is were you able to get that information it was
text to us yeah we got theil oh was a te oh oh well then for the rec please yeah thank you but it's quite upsetting when you look at the numbers well I'm glad I didn't look at it I we sent you when we go through our agenda workshops for any
questions that we have we do compile that information we did email it to you but I can review it if so that if you would like just the amount the amount I don't need you to read the entire email no I could I could just read the amounts but there's a few of them okay so for
Gateway the land purchase was 13 . 5 million the garage and park construction was 21 million the Gateway pedestrian bridge was 2.7 the interior buildout was 6.5
million Gateway generator is 1.5 million Gateway Restoration 725,000 in the gate and then the other subsequent question I think that you all
had asked at the workshop was what our projected Revenue was from parking to try to do some offset for fiscal year 2324 our parking Revenue was 26,8 A5 for that parking lot okay it
went down in the next year correct by we're in we need to just first I want to see if there's any public comment hold on there's no public okay now you're recognized go ahead yes so the the uh income from the parking went down by
about half in the next year right now we're we're only into a couple of months of our new fiscal year and we've collected 105,000 okay so it's so it will be higher I believe it will be okay yes so
that's because our rates went up correct that's true our rates did not our rates went up on the beach so maybe what's happening is people are falling back to Gateway we raised the rates for par paring at our two Beach parking areas by a dollar but not for our
interior parking okay all right take a motion please motion second second all in favor I all right next item Macio n enough is resolution approving a third amendment to the agreement with IM electric for Street lighting preventive
maintenance and as needed electrical services mayor vice mayor members of the commission as commissioner Joseph brought up earlier this is a contract with IM electric we need them to do some this is our phase three
connection at 178 central island in the Atlantic Corridor for 65,000 there's some areas of conduit that need to be placed in order for the connectivity do we have any public speakers no ma'am comments from the
commission take a motion then well so they're doing as needed work in this area but I guess because there's additional work on Atlantic north of um the garage
that they can't do that work there so what happened is we went out a couple of years ago with an invitation to bid for companies and IM electric was one of the companies that we selected as biders so when we have projects like this we're
able to use them to do work like this right they have been very responsive so far okay so they're doing then the same work that FPL would do basically they're no they're doing they're actually installing sections of conduit that
needs to be done fpnl really just um runs the wires but not the conduit for this work this is part of our project thank you make a motion I'll make a motion second second all in favor I next item
please n9j is a resolution approving a Fourth Amendment to the agreement with Amusement Source city manager mayor vice mayor members of the commission this is the company that we use for ride rental services for City sponsored events uh we
have an initial term with this company of two years with three additional one-year renewal uh we've been very satisfied with this company therefore we want to exercise our final renewal option from March of this year to March of next year
so we're requesting an additional 990,000 bring the total contract KN to exceed 475 any public speakers no ma'am any comments questions from the commission um I just have a question
regarding uh the safety and um how they uh Safeguard their equipment so I know the state has um is talking about uh legislation regarding these types of rides and all
so what safeguards do we have make sure that they're in good condition and kept up I would have to get you additional information on that specifically what I can tell you that we require is we work
with our insurance broker but this is one of the main components that City attorney the purchasing director and I look at for all these contracts in terms of having the proper insurance I know that's not answering your question
but I will I will research that and and let you all know specifically good okay I'll take a motion I'll make a motion need a second second on favor I I next item 9h
has a resolution approving an agreement with NE on sign solutions for the removal fabrication and installation of Monument signs throughout the city city manager mayor vice mayor members of the commission this continues our upgrading
of essentially city parks landmarks those kinds of things this is for all this approval will be for our Citywide Monument signs and we're showing you on the
monitors though you've seen it before some of the concepts of what the signs are going to look like so we contacted Dade County and they had 11 vendors and we put them out asking them
if they wanted to bid on this came back Dade County had advertised a request to qualify for these companies there were 11 there two were responded to us and this was the less expensive of the two
and this project is anticipated to take between one to two years to complete okay and just you see some of the signage on your monitors of what is existing versus what is proposed and just for the record um how many signs
does this include or something wasn't it like 14 I think so something like that 19 thank you thank you do we have any public speakers Mauricio no ma'am okay any comments from
the commission no take a motion please I I'll just like to comment something so go ahead um moving forward we need to be mindful and we need to see whenever we're looking at signage and these sort sort
of things that have our logo and our IP we need to see how we could repurpose these so we don't have that expenditure of a million dollars every every five years so you know the these things could be designed in a way where you could repurpose them without um you know
having to to replace them and we we could save ourselves some money refurbish not refurbish no no no so there's a way of Designing something where if you need to change our logo or tagline you could change it without kind of oh I see I don't know exactly what's
what this entails but we need to moving forward be cognizant of that so we don't have to replace something and something new we could repurpose it okay I think I think what the vice mayor is saying is that when they're going to be building these out there's
an opportunity to have sections where we have our logo to be able to change it without having to change the entire sign is that yeah I I think we need to look at that yeah yes okay thank you all right right I'll take a motion please I'll make a motion I need a second
second all in favor I great thank you 9 I a resolution amending resolution number 9834 to include Friday May 9th 2025 as law enforcement appreciation day and thereafter the Friday before National
Police Week as an observed holiday Mr city manager mayor vice mayor members of the commission this item is being presented to you and appreciation for the work that our police department does and it's a matter of this day is
recognized as law enforcement appreciation day and it would be May 9th of 2025 and thereafter would be the Friday before National Police Week and it would be observed as a holiday in the
city of Sun's Beach there are a number the Dade County observes this as well as as Golden Beach petto Bay Cutler Bay Miami D Clerk comproller and the 11th Judicial Circuit of
Florida it's for you all to appr the irony is is that uh While most of the city staff is going to have off that day there's going to be police that are going to still have to work um okay uh Mara do we have any public speakers any comments or
questions from the commission I'll take a motion please motion need a second all in favor I next item please thank you nj's a resolution expressing support for Senate Bill 2-c relating to
immigration enforcement okay this is my item um so I had asked mauriceia to put this on um before it was signed by the governor um it's it's already passed but this is just our support of what uh the legislature um has presented to the
governor the governor has signed it and it basically means that we will in all ways possible work with the state um to to help them enforce um any laws that that are passed regarding immigration
and that our police department will be very involved as well do we have any public speakers no ma'am any questions or comments from the commission no okay I'll take a motion I have a couple questions so I I spoke with the city attorney and and I just wanted to make sure that there's
no no no Provisions here that would go against the Constitution of the United States so um City attorney if you could just you know based on our last conversation and I know you went through
this has anything come up where you could tell that it goes against the Constitution of the United States I mean I that's a difficult question to answer because it really depends who you ask I suspect there's going to be a slew of people that will deem or at least Tred to assert that something's
unconstitutional within the the bill it's it's a lengthy bill um it just got passed on Friday well the governor signed in on Friday so I haven't heard of any challenges as of yet um but it
it's a difficult question to answer as to whether nothing hits me in the face and causes me great concern with the constitutionality of it um I suspect probably most of the challenges may come with the augmentation of C ing for some
uh most are related to gang members as defined by the statute uh but there are some um graduating sentencing and and degree you know the the degree of felonies may be augmented based on
the immigration status so I think that's something that may get challenged but it it's impossible to tell yeah okay yeah because one of my concerns was I mean there's augmented let's say um offenses there augmented punishments that I'm
concerned if there's an immigrant that's in legal process following the law and they do something you know not serious but there's an augmented penalty for that I wonder if that's constitutional so I'm I'm I'm just um you know thinking
out loud here vice mayor this the the spirit of this is really to um deter um serious crime that is committed um and I believe anyone that's in in and I'm not an attorney so Mr attorney please
correct me but anyone is in the process of getting their immigration status um regardless if they commit a crime they normally as far as I understand they they're not able to continue so I I don't think this is going to necessarily hurt anyone in any way that they
wouldn't already have some sort of repercussion no I understand but I just wanted to make sure it does not go against the Constitution of the United States um yeah and I think items yeah yeah so that is that is my main concern
I understand this is just a resolution you know it's not an ordinance that but obviously we're obliged to uh support any state and um federal law uh that is uh passed so I I I just hope this does not go
against the Constitution so I guess time will tell I I would say that just for your own edification if you haven't read it that there are Provisions in there that for I guess targeting jurisdiction local jurisdictions that choose to
purposely defy uh any efforts by is or immigration to enforce federal law that they there are penalties against you personally uh I think it's up to $5,000 per including possible suspension
so cooperation is the key no no I understand that and and obviously we'll we'll cooperate but I I was just concerned on that part you know the constitutionality of this and just to make sure that we are supporting something that does um fall within the
uh you know Constitution of the United States so that's all okay any other questions and just basically I think it's anti- um Sanctuary City so no no I don't believe if anyone wants Sun's
Beach to be a sanctuary City no yeah I I understand that uh it's just that you know it's a like the attorney said it's a lengthy um you know Bill and um there's a few things that you know jumped out at me when when when yeah I
mean look I I just want to say that uh probably with the ex I think only uh commissioner Joseph is the only person this day is that uh was actually born in the United States and so I think that all of us I was born here you were yeah raised in oh I'm a Greeno I your accent okay all
right well then the the three women here understand the the the hardship and the importance and what you go through uh to become a citizen of this country doing it the correct way and that's what I think the the point of this is is to support that no no I understand I just wanted to make sure that we're not going
against the Constitution absolutely I agree with you but I do have to protect and defend the Constitution of the United States so that's my you you actually we you took an oath so yes that's right all right I'll take a motion no I like to comment also um I I
started my career as an immigration attorney so I have some background and I have not read the whole 50 pages but I'm still in those circles and um there are concerns about there are some constitutional concerns there and it
will likely I mean right now it was passed so it's law but it's effective already right but it's um it's I expect that it will be challenged and again I haven't read the whole thing I have not had the time but what the pieces I've
seen I I do believe that there's unconstitutional pieces in it so I on that I would not support it because I do share those concerns okay all right I will make a motion I need a second I'll second it um we'll see if
any challenges come up and it's within the you know boundaries of the con stition of the United States all in favor yes iiss no no okay thank you okay all right next item please
yes 9k is a resolution expressing support for Florida Senate Bill 226 prohibiting smoking in public places all right commissioner Joseph this is your this is my baby and it's uh close to my heart I've been working on this within Sunny Isles for the past three years
going around to uh certain restaurants um which and some have agreed to post my no smoking signs um secondhand smoke I have um friends uh who have spouses uh one spouse smokes and the
other I have instances where the spouse has passed away from the breathing in of the secondhand smoke over a lifetime so um we have in Sunny Isles we have restaurant some restaurants that have overhangs uh that are actually
considered indoor space but there is still smoking allowed which um unfortunately um Florida does not have the Manpower at this time to enforce the no smoking so some of these areas I
won't name names but these restaurants allow smoking where they shouldn't because there's nowhere for the smoke to escape so I'm glad to see that this bill expands the term public places and that
would basically allow for no smoking in um public restaurants and and the such so in that regard I support this pill 100% And I'm asking the commission to do the same we have any public speakers no ma'am any
questions or comments from the commission I agree I mean um Second Hand smoking is terrible and we need to protect the uh the residents for sure and workers uh work workers that you
don't realize how they're so susceptible to the second for for the clarification because I think that um you know this is interesting that this is a bill sponsored by Senator grutter uh who also sponsored the no smoking on on the beach um and he's a staunch um you know
Republican who normally would say you know let people do what they need to do or what they want to do so specifically for the public restaurants you know all most of our restaurants are within the rkade plazas yes so if this becomes law whether we support it or not doesn't
really matter but can you please clarify does that include the restaurants within the rcade plaza because it's technically private property that's what I need that would be public places would be including restaurants would be included
the law specifically said mentions restaurants okay so restaurants like I'm just thinking of those that do have a lot of smokers um like El Tropico um hatan Bakery those places just if I can just get the City attorney to to clarify
I haven't read the bill this particular bill but previous bills have been any restaurant typically where food is going to be served um would be restricted there'd be no smoking yes even outside correct now let me just say under the
current law if you take tropical for instance where it has an overhang currently they all do have over well yes but the current law states that any area that is 50%
covered is considered inside Space where smoke cannot Escape so actually those restaurants with an overhang are considered indoor space but there's no enforcement okay so that's actually under state law now now there is no
smoking in those areas but there's just no enforcement all right got it um the issue the enforcement is the issue yeah um all right I'll take a motion I'll move I'll second all in favor I right
now we have 9 L is deferred we have 9 M that'll be me a resolution expressing opposition to Florida house bill 301 relating to sovereign immunity so we discussed this very very briefly um at in the um discussion items
earlier today and this is a one of those uh the FLC they calls them the zombie bills because they don't die they just keep coming back year after year and so here we are again I I would um thank you to the city clerk for putting this
together very quickly I do appreciate it so we can vote on something that's in front of us uh the amounts though um are are wrong the they're looking to to increase from 200 per person per
incident to 1 million so that's five times increase that's the first Warehouse CL so in the first Warehouse so like it's going from 200 it's not going from 200 to 400 but that would be double right so which is still too much but they're actually saying it's going
from 200 to a million and then the 300 per incident is going to 3 million so that's 10 times um we in our discussion um with the advocacy committee they said that even if you if you account for I forgot
what that index is called it's a CPI that the index that is that right okay yeah that one okay so if you if you were to account for that it wouldn't the increase would not be anywhere near this and it's if it's from 200 it goes to
maybe 280 like if you were just accounting for that to keep it the same so like the numbers are ridiculous and of course what this does is it increases um our liability which means it increases our um our insurance rates and
inevitably it increases litigation because when there's a a bigger pot to go after and people fall more right that's it's sort of I'm sure there's a chart about that somewhere so so that's what this is we're looking to oppose it and um we opposed it last year and the
year before that and we'll see if it finally dies this year okay do we have any public speakers no ma'am okay I just want to remind the public if you wanted to speak this was an add-on item so I want to give you another opportunity no okay um and just uh before I open um the
floor to the days you can please clarify what do you think the chances are based on the history I mean they're going to fight it last year uh it um last year it did well because over the negotiations the numbers became very reasonable I
actually thought it would pass and I think I it may be that the governor vetoed it or or in the end it just oh no I know what it was it was that the the numbers were negotiated on both sides the house in the Senate and and they came close but they didn't quite get it
together and then it ended up fizzling out so it I think there's broad um agreement that some increase is warranted but how the negotiations go and if they get on the same page is really anybody's
guess so besides us passing resolution is there anything else we can do to support what you're doing this is on the flc's um agenda and it's actually in our conversations that we've had with Ron books office and and our own trying to build our our legislative program this
is one of the top five so we'll be not just I brought it as a resolution because we were meeting and it just m came came up um but we'll be we'll be attacking it um and then we'll it's one of the things that we'll ask residents
to chime in on as well great okay uh no public speakers correct Mauricio no ma'am any comments or questions from the commission no I I I just hope this this fails because I mean imagine we have some municipalities where their budget
is not even a million dollars so this will bankrupt municipalities I mean there's some municipalities that are close to here that don't even have a $3 million budget small cities where you know this just doesn't make
sense I I mean and and and whoever proposed this is aware should be aware that municipalities small ones don't don't even have the budget to cover a claim that's the strongest argument right because these these things apply
Statewide exact and so if you're you a very wealthy City maybe you can take the hit and increase in your in your um in your premiums but nobody wants that anyway but um it can act literally bankrupt the city uh and also you have
the self-insured um cities like Orlando and I think thought it was another one a plantation I think is another one where they just pay out of their reserves so yeah anyway okay do you want to make a motion on your item I will make my
motion all right you second I'll second it all in favor I I okay um next item is 10 do we have a number for 108 108 okay so to to clarify um and
I want to make sure that I again make it very clear we're going to follow Robert's Rules here as well as our rules of decorum I'm going to ask the the the deis uh and my colleagues to please uh follow those rules uh wait until I uh
give you the floor and acknowledge you and I'm going to need the City attorney and and the city clerk to help with this process because of the chaos from January uh we left something on the table that we shouldn't have uh a motion was made um by commissioner commissioner
Stenson correct and seconded by commissioner Joseph to censure me so I want to know procedurally how do we go about this so that we can sort of close that Loop and make sure that this is done correctly well you've started off by uh having the
commission agree to add this motion to the agenda which has occurred so it's in order okay um pursuant to your procedures before the the motion needs to be uh clearly stated as to what it is
and then at that point as you do with all your other items you take public comment when public comment is done then you can deliberate on the motion all right and so despite the fact that I brought this back on and are we asking for the motion
to be made by the original person that made the motion how does this work so that it's it's correctly um well you can't make a motion right this is true too okay so by by that operation uh if somebody if it's the same motion then maybe it can be restated okay as it was
uh and clarified as to what exactly the motion is so that the public can comment and if there is public comment and then uh so the commission can deliberate all right so if I could just say have we clarified the this number so that people
can it's 10 a yes it's 10 so anyone that wants to make a comment it would be commissioner Joseph I asked in the beginning that we follow Robert's Rules so please do that so that we start off on the right foot and do this correctly so please wait until you recognize Comm suon you made the original motion I
don't have my notes with me because I wasn't prepared for this uh but it was a motion about uh abuse of power so I don't have it with me I don't know if you have it to read it back I don't have it with me I don't have it with me but yeah that's the motion I made about
abuse of power yes okay is that is that one second please again you you're you still the I repe no no no I know commissioner Joseph Please Mr City attorney is do we need more clarity than that we do because it's a
it's has to be some kind of action what aemotion to what it's is it you need to sort of specify what the motion is going to be what what it is that's being requested be deliberated so abuse of power is is I don't know so commissioner ston do you want to let commissioner
Joseph make the motion then because it seems like he's jumping out of his seat so please would you like to make the motion well yes I'll make you're recognized thank you and I believe and um have you can assist if I miss anything since it was her motion
originally you're making the motion now so okay but from what I recall there was a motion for regarding abuse of power and for a censure a resolution of censure regarding the fact that there was a um
mural wall across from the school on RK property that had been painted over um and RK was told to paint it over let me just interrupt you it just needs to
be the motion not the debate so we're not discussing the facts right now or any I need you to make the motion so that then we can then have the discussion okay so you recall what your motion was there was a motion to censor the mayor for
abuse the power there you go so much but I don't have it with me right now is that enough yeah that's yeah that's enough okay perfect get into the details all right so then I need a second and I will second okay so procedurally Mr I'm so sorry I just need to clarify because
I have that commissioner Joseph is making the motion so I need someone else to Second um commissioner ston then made so then M Joseph is second okay we can open up for public comment all right please do
perfect Isaac Feldman and I just I I want to remind everyone again um I brought my gavel that I got from the previous mayor thank you Norman I I've never used it but given what happened last month I want to make sure
that I never use it you each have three minutes to speak please address all your comments to me the chair um I I'm going to ask you to refrain from any abusive language you know we're keeping to decorum we're going to do this the right way so that we can get through this and
close this door so please go ahead your name and address for the record please yeah Isaac felin 177 in colins Avenue um good evening honorable mayor and um Commissioners and the staff um I'm going to speak as the business uh owner in the
city I'm in the city business owner since 1991 long before it became a city and until today I work almost with every mayor in the city including the first one mayor Ed cup seven years on this committees and uh I try to to be
available and volunteer as much as I can with the Curren City but what's happening I'm going to read a short statement and then I'm going to say something about it okay I come here to be heard as a business owner who you all know and I am and all of us are fed up
fed up with a constant fighting the divisiveness and the political games they seem to take Pro presidents over the real issues facing our community the motion to censor our mayor is yet another example of how personal agendas
are being placed ahead of the progress we worked so hard to build together under the mayor's leadership our city has been growth has seen growth and stability that businesses like mine rely on she has F to add resources to our
police force ensuring safety to our family and our businesses more than that she worked with this commission no matter the politics to make sure that our community continues to thrive but now we are wasting time on motion that serves no one it doesn't
serve the businesses the families or the future of the city all it does it creates more division more frustration and more doubt in the leadership we need to keep the city moving forward this is what you all were elected to do to
represent our interest as a business owner I know how important stability is we need leadership we will work together who will put aside differences and fight for the things that matter safety growth and a prosperous future for
everyone censuring the mayor who has been a tireless advocate for our community is not the solution it's a step backwards I urge you to put aside the politics and focus on what really matters
let's come together support the process we've made and work forward forward a future that benefits us all okay that's is my statement now as far as the the the issue itself okay
none of you were in that meeting okay none of you know including honorable uh mayor edel which I adore and is my friend uh I was in that meeting okay and I can being as a witness here firsthand
witness being in that meeting with Mr ryanan Cutz and Danny cats I I need just to finish it's important statement and um we were sitting in a meeting talking completely different issues that um that I brought up that we all brought up that
uh was concerning with Ark Plaza with with uh ranan cats and Danny and during our talk we were talking about generally about the city and about the school so the the mayor uh made a comment that the
wall looks bad to which Danny offered would you like us to paint over that uh that wall to what the mayor answered that will be great she did not ask anybody to do anything she did not abuse
any power without any permission or any talk to the Commissioners she just mentioned a fact she was offered but arcade that owns The Plaza in in the wall okay and she just answered that will be great that's exactly what
happened I can swear on a Bible if you need or anything else but I was a firsthand witness and what's happening now it shouldn't happen because the city Conant in chaos my good friend Anabel liali here the commissioner and vice
mayor previous please yeah of of hel andelle I was in their meetings and it's a pleasure to see all the harmony all the how it's clicking it's constantly chaos that created by some of the Commissioners here okay it has to be working you guys working for us for the
city not on your personal agendas your personal uh politics has to be for the city thank you very much thank you next speaker please and Lima to is absurd good evening everyone um off
topic for a quick moment I just wanted to correct something uh respectfully Madame mayor um Sher vibas was not uh handed over by Hamas today it was a coffin with an anonymous body um and
that is uh that is uh Hamas for you I originally intended um to come before you tonight because I wanted to introduce an incredible um individual who is the vice mayor of which is our sister city uh in
Israel October 7th Survivor and a hero who saved many Ukrainian lives and Russian lives um on October 7th and October 8th but here we are on a different um topic um some of you might wonder why I'm here I live in Hallandale
Beach I also serve in hendel Beach we have residents in hendel beach that own businesses in Sunny is Beach and we have business owners in Sunny is's Beach that live in hen um in Sun that live in highlandale Beach um centuring is an
embarrassment you have a two billion with a B dollar hedge fund run out of an office here in Sunny Isles Beach you have legislator in uh in the State of Florida that are talking about eliminating property taxes this is how
you fund and pay for everything in the city correct the tax dollars property tax dollars go into our coffers respectively this Antics these political Antics will only serve to get people to get out of
Sunny Isles and come invest in my city and invest in other cities but I'm here as one woman to another I've been in your position before where I've had four against one it's an embarrassment and I just want to tell you that your reputation all across we we gave you a a
key to our city in Helendale Beach because of your accomplishments because of the work that you're doing and The Advocate see if you keep getting censured by individuals here because of whatever political Antics and thuggery and uh clown acts it will only catapult
you and I can tell you from experience you will have opportunities where people will come to you and offer you to run for high your office so a centure might look like you know uh um bullying but it will only catapult you and if they keep doing this for you you're going to be
very very well known so as one woman to another I apologize that you have to go through this but I am proud of you I'm proud of the work that you do thank you for what you do for the state of Israel thank you what you do for the Russian Community thank you for what you do for sunny is Beach but thank you what you do for members in Hallandale Beach as well
whether they're residents or business owners uh we we we share a common ground thank you very much and I'm with you all the way thank you Michelle Wilson Madame mayor thank you um I appreciate this opportunity to speak today I'm
coming before you as the former president of Winston Tower 600 and also the former president of the Winston Towers Master Association which consists of seven Winston Tower buildings I want to say that um I do believe that this is
just absolutely ridiculous to put this topic up for us um especially with our mayor's reputation and how much she has done for our city um she's everywhere all at the same time I think that we have more serious
issues to address I know that I as previous president have been made aware of so many issues with our Working Families Our retirees as well as our elderly Community who are so afraid um if
they're going to be able to continue living in the home that they've lived in for decades because of our exor burant assessments um that are currently happening in in our buildings um our elderly people especially they have
lived in there for decades and they're they're just so fearful I I talk to each and every one of them in in our building alone and I know many people in all seven buildings and I think that everyone would agree I I'm actually really disappointed that we don't have
more of an audience here today I think I'm going to help work on that uh we need to fill this uh like I did for the Master Association meeting on all seven buildings we need standing room only and we need people to get involved because I'm positive by my conversations that
you will have a lot of support from our community thank you thank you more speakers Tamara Rosman good evening everyone I live in s's Beach and um I live here permanently for
4 years and through the time of Mayor being in charge you can see a lot of differences and I think please if you would State your address commissioner Joseph commissioner Joseph
please I you stop thank you we need to have a I understand um all the addresses are are there already but I can appreciate what you're saying you can please give us your address ma'am oh it's 100 it's a 210 174th Street s Beach
33160 enough know thank you thank you go ahead um and you can physically see the difference when I moved in just four years ago and what's going on now and I fully support the mayor because I think she has um the best interest in building
this community to be together and uh to to be safe and happy wherever we live and make this a good home for everybody so I think the rule is to work together and not to be against each other and I support the mayor this is my position
thank you thank you Maxum guro Maxim your name and address for the record please yes my name is Maxim guro uh my address is 17555 Colin
Avenue I I've been a resident of San's Beach since 2003 have a homestead exemption since 2019 I own four properties in San Al's
Beach I've been on three boards of different associations in s is Beach and I'm currently a vice president of the Pinnacle Condominium Association however uh representing today myself not the
association um I attend uh City commission meetings from time to time yes sorry could you just pull them microphone to AB and um it just so happened that I've not been attending the previous one but I reviewed the
video and uh it came to my attention that the entire proceeding was somewhat inconsistent and contradictory uh commission commission ston just address everything to me yeah
yeah uh paid a lot of attention to smartgov software as a way to control permits violations and other things administered by the city and at the same
time I realize that this wall that is being now the point of contradiction may not have had murals for which a city permit was
issued I don't know that for sure but that's my to the best of my knowledge and believe it was not uh Mr Morris would you be able to tell if in fact there was a city permit for that we're not going to have it back and forth but I appreciate okay so what I'm trying to
say is this U Miss ston said that she has three children and what one child get the other two get so if somebody does something with a permit then another one has to do with the permit because what is happening here is a
precedent being established that for someone who does something now without a permit there is no enforcement because somebody else was allowed to do something without a permit in this country there is
President law I'm not an attorney there is a City attorney here uh who may correct me if I'm wrong but I think it is a dangerous precedent and besides that uh in the remaining 20 seconds I will say something
else specifically uh for commissioner Jerry Joseph your comments never forget you know sir that name calling for somebody on Facebook never forget you can finish up
that was a reaction to a very anti-semitic remark so if you want to never forget those hostages then you should forget someone who responded to such an anti-semitic remark sir thank thank you
thank you Lu sailor L 19333 Collins Avenue Sunny Isles Beach I I think most of the people that have gotten up here are really do not understand the initi the problem that
we're talking about we aren't here to condemn the the mayor for everything she's done there's a specific point that has been brought up here and the single point is the wall and
clean having that wall clean overall and hurting at least 12 children that we have in the school that's the Point here it's not how good she was it's not that whether she did what to the Russians all everything else it is a school problem
that we have we have have and I happen to be president of the social citizens we pay those children we have those children have a contest to put this the pictures on the wall and they have done
that and the the mayor with one word saying yes what wiped all those out and that's really what we're we're discussing here the we we need to understand that our children are
important that our children should be well in some way compensated I do not understand how we can do that when you wipe out their memories they they had gone there they had signed the pictures they made the pictures and put them on
on the wall and we had hope to continue to do that that that is the problem and that is the the concept of of what we are here for tonight it's not to say how good she is or how bad she is overall
we're here for that one single item and I think that there is compensation somewhere along the way that we should have or the children should have not we the children should have and I think that that's really what we're talking about overall
I thank you thank you that's all man' okay so um before we go to the commission I just want to clarify for for the record what it is the motion is this is a this is not a contest of of uh who who likes me who
doesn't like me this is very specific censure is a very serious thing it's it's got um there has to be elements there that I'm going to ask the City attorney to to Define but for for the point of clarity here um no children's
rights uh were in any way affected this was a private property owner who um painted a wall that uh had for many years been um painted by various people uh without any sort of permit uh I did
not instruct him to do that um if I had that sort of power over Ron cats there's plenty of other things that I would have asked him to do to fix his pausa so Mr City attorney before I open it up to the um commission can you please just for the sake of clarity so that we do this
right um explain to the um de and or rather my colleagues and the public what a centure is and what are some of the uh elements required for that okay well um generally I don't know
about elements so much but generally censures are an different bodies use them so for example the Florida bar uses censure so if I do something wrong there's different levels of punishments for the lack of a better term could be a public recommand could be a censure
could be a suspension the Florida Commission on ethics uses censure as one of the gradients of their uh punishments uh I believe the ethics commission and Miami does the same so different body use
censure as a way of admonishment um typically though there obviously has to be some finding of wrongdoing if there's a finding of wrongdoing then the censure follows that as a repercussion of that wrongdoing that needs to be identified so I don't know that there's so much of
an element aspect but there needs to at the minimum at least in the censures that I've ever experienced has to be some representation of what that wrongdoing is that's being censured okay if that responds to your question okay
great thank you you like to make a public comment please uh can you fill out um public speaker card discussion so yeah it's finished it's closed yes I can I can allow him to speak okay I make a motion
do not allow any more speaking well if you all haven't started deliberating yet a comment was made by the mayor and a question was asked foration right I'm sorry you were giv clarification of it I was giving
clarification but there's no your code talks about you all deliberating and discussing an item so you can't start that until public comment is done and you haven't started that yet I I was answering a question I I I'm not part of
the commission already said that they would know about the speakers the chair is ruled if you want to the chair so we did not start deliberation so this the the point of of everything that we do here is to have the utmost transparency and allow the public comment so there's
no reason not to allow this person to speak otherwise he would have to wait until the end I don't think it's going to make a difference either way so unless there is strong opposition is there opposition to allowing the
speaker okay please your name and address for the records good evening Sunny Isles Beach my name is Kevin Cooper I am the chairman of the Republican party of Miami date County I'm here to thank our oh my address is 20965 Northeast 32nd
Avenue in aventur Florida I'm here to thank mayor svin for her strong leadership on behalf of the city and the work that she has done to advance this city she has lowered taxes she's fought for her citizens and she travels around both the country the state and this
County doing great work for the people of this city so I'm shocked I have to tell you I'm shocked that we this city has chosen to attack mayor fetchen with this motion I think this this motion does nothing to
lower taxes does nothing to improve the city and as a matter of fact I think it creates division at a time when we need to be working together we we are now entering the Golden Age of America and leaders like mayor fetchen are leaders who are going to move this city and our
state forward and frankly I think it's personally upsetting to me when individuals wear the logo of our of our party to attack one Republican over the other we shouldn't be doing that we should work together we should make Solutions and so I implore the city
commission today I come before you all today propose Solutions not attack one another propose solutions that will help and I ask the people here today will this motion lower taxes will this motion help improve
Sunny Isles Beach will this motion make America great again and therefore you have your answer no no no I implore you to vote no thank you very much thank you okay thank you all right Mauricio with that we're
going to close public comment um I will open it up to commissioner suon since this was her motion to start I have any you yield you're yielding your time yes absolutely okay I can talk later no I'm giving you your time now I can talk later as well no per Robert's Rules I'm
recognizing you right now right now don't have any comments so you're yielding your time I don't have any comments right now all right you I just for the record you've yielded your time you've made the second please go ahead commissioner Joseph and just to clarify we're not going to turn this into a Circ ccus we're going to speak one by one
we're not going to draw this out we're going to say whatever we need to say U and let the other person on the day is speak next so please go ahead okay so at the last commission meeting we uh determined through questions of the
mayor that she was dishonest in her answers okay this this is where I'm going to stop you okay we are not going to call anyone a liar I did say you were a liar said that I was dishonest that was not determined this is not a matter of fact I'm asking you to introduce
anything that you would like to introduce to support the second Mo the motion that you've made so please refrain from calling me dishonest or anything else okay so after the last commission meeting it
was determined that we needed to have further discussions with um the um principal of the school as well as um the cat's family who were
present when you asked them to paint over the wall I did not ask them to paint over the wall please go ahead that's not what I was told in my discussions with Danny Catz okay please go ahead are you done
so um I have determined for myself through my uh investigation and speaking speaking let let him speak please speaking with the people who were involved
firsthand that you were dishonest on the on the deis and it warrants your censure okay thank you commissioner viscara I agree with some of the comments uh from from our speak speakers
today that there are bigger and more serious issues um but issues that arise are issues that we have to address and this is what came up uh last month uh motion was made and uh
both vice mayor Lama and I said you know we're not just going to take one person's word or you know a he said she said things that we're going to do our due diligence and and um uh speak to the other parties who were mentioned and so that's I took it upon myself to do that
um and I prepared my statements just so I don't forget anything um I will also like to comment just um before I get started two things um no this is not the biggest concern in the universe but where there
is no consequence there's also no rule so there are rules of ethics and such that govern these things and that's why we're here that's why this thing exists and whenever anything good happens in the City or bad as a as a result of a of
a decision made up here it's not one person it's not one person who lowers the taxes it's not one person who improves the police department it's done as a body right it's not one person you know maybe they may drive an issue but if it's approved and it moves forward
it's done as a body and nothing would happen if as a body we didn't agree okay with that said um so at the last meeting there was a discussion uh to censor the mayor for her role in painting over the school's mural and and
uh on the arcade wall that we all know what that is uh former mayor edel CB gave us his accounts of events and vice mayor Lama and I decided that we would do our our fact finding to verify the account I subsequently spoke to members of the arc organization the school
principal and the curriculum support staff and uh former vice mayor Lu sailor uh of social citizens which formerly was um the sib foundation okay that'll become relevant in a second so this is what this is what I I found the mayor
was correct the city's code does not allow murals okay uh there was three instances that I found that deal with this in 2012 the commission approved the mural on the construction fence of the Mansions of aqualina in 2018 which was something that came up in the meeting
the commission denied the application for a mural from juice and Java rejecting the recommendation of the city's public Arts advisory committee and if memory serves me right I think it was um they had already painted it and then they came and and they asked for the approval and it wasn't given and
then it was painted over and then in 2015 um the city commission passed a resolution approving and this is in quotes approving a request submitted by the sib foundation to approve the temporary use of a wall to create an our
Wall located at the west side which we know what the wall is uh that resolution states that the temporary use was approved for one year and that the applicant the sib foundation uh would restore the wall to its original state after one
year on paper that's all we have apparently the art wall was a success uh and the school RK and and the foundation decided to keep it going there is nothing in writing memorializing this agreement the map of the continued use
never came before the commission and um you know the city it just well it's a night this is this is what frustrates me because we've had this conversation in different ways where well who who's going who's going to complain well you know why why go through the trouble but
this is why we go through the trouble we have to do things the right way because if not when it doesn't rvel then there's then we end up in situations like this so the city did not just kept using the mural everybody was happy the kids are
happy we had ceremonies but it was not done properly so the correct action would have been after that one year to come back with a resolution or a variance detailing on the new Arrangement um it is the lack of proper
process that brings us to where we are today had proper process been followed we would have Clarity on on what can and cannot be done on what the parties had agree read on what was the roles and responsibilities of the three parties the foundation the school and
RK so that's how the Wall came to be but the the motion right the reason that we're here is that the mayor clearly overstepped her boundaries she is the one who initiated the conversation this is according to my interviews she was
the one initiating the conversations about the state of the wall with the school and Ark instead of again proper process going to the city manager when you have a problem with something and it was based on her direction that arcade painted over the wall a direction that
she didn't have the authority to give I should note that in my conversations with the representatives of the three parties they were consistent on one thing and that is that nobody objects to the artwall everybody likes it everybody wants it the principal denies stating
that he did not want the art wall in fact the school has already had meetings for the next round of Student Art as long as the city's okay with it the principal said he's happy to keep it he just wants to be in compliance it it the wall is just a fact for him he's he's a
new principal he came the wall existed the kids have been painting it they showed up we had ceremonies he never question it and frankly I didn't question it it's been going on for 10 years and I never it's just a fact you walk down the street and there it
is um the art wall uh the the artwall functions um separate are separate from arcade Plaza and it wasn't a concern to them this is again based on my interviews because the foundation has
kept its commitment to maintain it and we may take issue with how they did it maybe they didn't use the right paint and it peeled but they kept up their end of the deal and until the mayor brought the artw up as an issue RK had practically forgotten about it they
painted it they painted it over the day after the meeting with the mayor as as a sign of good faith of improved relations which seems to be the mayor's purpose for that meeting unfortunately that the damage is done the wall has been painted the art is gone and that's a direct result of the mayor's overreach for
which I feel a formal reprimand is appropriate as for next steps proper procedure is still required the three parties the foundation RK and the school need to formalize their agreement and bring it to the commission I assume it's in the form of a variance and that's a
variance that I would support um and I hope that the artists of this year because this now there has been a pause in this process um I hope that this year's artists get to see their work up before they graduate and that's all for me thank you
um Mr C city manager commissioner vcar brings up a good point and I would like to get clarity on this um and and again for the record I did not direct them to paint the wall um why was this never addressed for the last 10
years by the previous administration or your Administration or was it addressed because there were conversations about the the disrepair of the wall for I know there had been in the past um I'd like to understand where the the ball was
dropped on this because as I stated previously anyone that wants to paint their house to to put a a a nail in in a wall needs to get a permit um but meanwhile this sort of fell by the
wayside and then uh also to commissioner stenson's point from before as far as uh consistency and having the same rules I I think this also begs a question as to why the city staff did not follow the rules here I don't really have an explanation
other than to say that it should have been addressed many years ago and was not okay and I just want to say that for the record the parties that I spoke to did say that you directed it so
there's you may you may say otherwise but I can I can only report so like for the record there's then there's two records then all right well we had a speaker that was also there that said something different commission uh vice mayor llama what would you like to say yes so um I also did my homework I
wanted to understand what the situation was um and who was saying what uh what was really going on and um yeah I spoke to different parties um RK did tell me that you told them specifically to paint
the wall you asked them uh whether that is true or not I I don't think that's the point um in the last commission meeting you you you you stated and uh Isaac stated that he was in the meeting
and um Danny asked you if about the wall and that if you could paint it you say yes and I think that that answer was not up to you I mean there should have been the correct process to follow you know if that war wall was in
shambles we should have called Code Compliance Code Compliance should have warned the uh property owner and then also all parties should have been communicated or sent a c courtesy email or a courtesy call saying listen we have an issue with this
wall can we please address this issue okay um none of the parents and the and the kids knew about uh the wall being painted over the school did not know they came back from the break they saw the wall painted over so I think that should have been taken into
consideration uh it was not so I don't know why that yes was given um to Arcade to paint that wall over and and um quite honestly I think that you know it didn't really not take into consideration the
art that the kids had uh there they poured their Heart and souls into that those uh paintings and um I mean if I were one of those kids I would have been livid and sad and I think that was it
whether I don't know what the intent was was it a lapse in judgment whatever it was um it was wrong and uh unfortunately now we cannot Salvage those uh those paintings from these kids so giv that um
also talking about the um you know following process and formalizing these types of agreements because it was a verbal agreement sort of um and had we put something in writing I think that we
wouldn't be here talking about this you know we've had these issue come up a couple of times already where there's like some verbal agreements some side deals going on whatever it is I think it's just taking time away from the
residents efforts from staff Etc and yeah I agree there's more important things but we need to address these things especially when it comes to you know the residents and the kids I mean I was sworn in to you know protect the residents to
enhance their well-being and to protect their well-being so you know having said that I think that it was it was wrong for the mayor to say yes to that question for marquay our Cas says that the mayor instructed him directly asked
him to paint the wall I don't know what the point was I don't know what the truth is but you know she said herself you said it Isaac that she said yes and I think that was a great mistake now you have kids that cannot look at their art
you know they spent countless times it's it's an expression of themselves and um you know whether that wall was in shambles it was dirty around there well that's why we have Code Compliance that's why we have the property owner could have gotten a violation and that
was not done we need to follow process because then we're sitting here you you know talking about these things and quite honestly we all have you know better things to do there's other issues that we need to address you know there's
Wars uh there's different things going on in the world um that um obviously need need attention but then again like commissioner bisara said this came to us and we need to address it and we need to
give our honest opinion about it and my opinion is that yes the mayor made a mistake whether I don't know was intentional laps of judgment but yeah I I I think uh censure is appropriate here
all right thank you um and and based on on your logic that would mean that anytime there is an issue where someone should have painted or not painted something like their house that there would be an expectation that they would
get an email and or a call directly to them telling them that they've done something wrong when specifically I will say directly after our meeting last um month um uh Patrick Dunn who lives in Golden Shores called me because he was very
upset that he got a um a CIT not a citation he he got a warning that he had painted his house uh without a permit the same color that it was before and he painted it eight months prior um and he wanted to understand if
he was being targeted and I said to him I'm sure you're not being targeted uh let me find out what happened he was very upset he admitted that he needed to get a permit but he didn't understand why he was have to go through all of these hoops um when all he was doing was
just beautifying um and keeping up his house so to your point uh and I think everyone's made this point uh there was absolutely a a problem that occurred here and which was that this was not um
managed by City staff and the code uh compliance officers um I don't know why I'm being uh targeted for this um there like I've said already in no way was
this meant to direct or force or or overstep um however ever you all have said what you're going to say so um I'll take a motion well I have another issue to bring up wait we right now we're
talking about this so do you want to make a motion no I have another issue to bring up regarding this all right I'll let you speak one more time and then we're going to move on because we're not going to sit here all night okay so I would like to know how many years of paintings were on that wall when it when
it was whitewashed okay so I don't know the answer to that and I can tell you that's not where we're we're going to be doing right now there were 10 years of paintings on the wall listen to me at $2500 a year that social citizens paid to have
that wall painted I do not know these things to be fact and that's not relevant that's not relevant to this we're making it is because there's a financial cost to your decision I did not make a decision there
is no Financial cost associated with this well this is a motion for Cent that was 10,000 12 so $12,500 was on that wall and cost from social citizens that you wiped out with
your decision that was not my decision any and I'm going to I'm going to finish this I'm going to finish this here you still being unhonest dishonest and saying that it wasn't your decision whose decision was commissioner Joseph you're going to stop okay we're going to keep theorum we're I
amum I'm the floor the truth you do not have the floor you can make a motion so that this commission can vote and we can move on we still need to address the issue of the cost that was lost to social citizens we do not because that's not
part of this motion so well I'm making it part of the motion well we can't just the motion is for censure that's the only motion that's before you no because in the mayor's decision that that's the motion before you on the table excuse me we need to have the cor you not asking
for the commissioner Joseph let the City attorney speak and then I will let you have the floor but we're not going to drag this on please go the only motion on the table currently is a motion for censure of the mayor that's it well I'm amending the
motion well to do that you would have to make a motion to amend it has to be seconded and you're going to have to vote on that like to make a motion to amend do I have a second excuse me there's no second is there any second no second there's no
second all right so we had a motion from commissioner stent we had a motion from uh commissioner Joseph do they need to repeat the motion or can we take a vote you can take a vote although I would ask again for specificity as to the just so
that it's stated for the record clearly that it's a motion for censure and exactly what the wrongdoing is that's being censured okay commissioner ston please motion for for abuse of power commissioner could you turn on your microphone and repeat for abuse of power
okay thank you in a second I will second all right Macio I'd like you to take a vote for the record sure me one second mayor
commissioner Joseph yes vice mayor llama yes commissioner serson yes commissioner viscaro yes mayor fetchin no the motion passes 4 to one all right so now we have citizens
Forum Vali falkovich Vali my name my name is valali fov 8 Southwest 167 I was actually going to speak on something else but I'll go ahead because I'm very disappointed you know when you
break the law and in the criminal statue you have to meet the requirements as I'm coming in here on several occasion and several meetings and observing mad M I never seen any abuse of power if there's an ethical violation
they supposed to go to ethical board and I would be definitely happy to testify that I never seen any ethical violation that occurred and by the way I was here in the last meeting and I know what actually occurred the gentleman was arguing with the mayor you know you
argue in court what happens is you get thrown in jail and you know to me it's very disappointing that we accuse somebody of somebody that trying to help the city you know you got you guys should be blessed that you're not like Miami Beach where there's a shooting
happens on Ocean Drive you should be blessed that you're not like Chicago Illinois where there's a shooting happens as we speak right now you know you should we should be you should be bless people that live here that you're not in Israel where there's bombs going off as you see in the
restaurant and the bombs going off buses get blown up and that and it was thought that it's not one one person yes it's one person because it's admin under Administration TR and the administration of Madam shevin is that is one of the
best cities that it can be by the beach and you know as doing business here coming up here three times or four times a week I'm proud to come up to this city and do business here I'm not proud to go to Miami Beach I'm not proud to go to BR
but I'm proud to be in the Z beach it's based on what administration is running the city thank you thank you do we have any thank you that's all there that's it that's it okay so no more public comment meeting is adjourned thank you