Okay, good evening everyone. It is 6:55. Um, calling our regular commission meeting to order. Mauricio, thank you. Commissioner Cyent here. Commissioner Joseph here. Commissioner Riscara
here. Vice Mayor Lama here. Mayor Fetchin here. All members present ma'am. Okay, great. If everyone could rise the pledge of allegiance. David, if you would lead us once again. I don't think so. 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, with liberty and justice for all. Thank you. Believe we have an invocation. Father, good evening everyone and thank you
again for the invitation. Good evening mayor, commissioners and everybody else from three different authors. I I chose to to write um a prayer for peace in
this time of of need for peace in the world. Oh God, creator of the universe, who extend your paternal concern over every creature and who guides the events of history to the goal of salvation. We
acknowledge your paternal love that despite the resistance of humanity and in a world divided by strife and discord, you bring reconciliation. Renew in us the wonders of your mercy.
Send your spirit upon us that we may work in the intimacy of our hearts. So that enemies can begin to dialogue. So that adversaries can shake hands. And so that people can find harmony among themselves.
So that everyone can commit themselves to the sincere search for true peace. So that all disputes may be eliminated. So that charity may overcome hatred. so that forgiveness may overcome the desire
for revenge. Lord Jesus Christ, who is called the prince of peace, be our peace and reconciliation, who so often said, "Peace I leave with you. My peace I give to you. Enable all men and women to bear
witness to truth, justice, and brotherly love. Banish from our hearts anything that could endanger peace. Enlighten our rulers so that they can guarantee and defend the great gift of peace. May all people of the earth feel
like brothers and sisters. May the longing for peace be present and endure above any situation. Oh Lord, you see how everywhere the winds have burst and the sea is convuls
with great violence of the rising waves. Order, we ask you to calm the winds and the seas. Restore the peace between us and the peace that you can offer us and it restores social harmony. Under your protective contemplation and
your inspiration, men and women can return to order, overcoming greed, becoming what we should be, a reflection of God's love, justice, charity towards our neighbor, making orderly use of all
things. Make your kingdom come. May all be able to recognize that they are subject to you and that they must serve you because you are the truth and salvation. that with you everything that is done everything done that is done in vain
without you. Your law Lord is just and paternally kind. You are always at our side with your strength and your abundant power to help us. Life on earth is a a war but your help is to conquer
what we need. You sustain the weak and crowned them with victory. Lord, peace comes from you. May peace reign in every heart, in every home, in every nation. Let hate return into love, war into reconciliation, and violence
into compassion. Guide us towards justice, understanding, and unity so that together we can build a world where everyone can live in harmony and security. Amen. Amen. Thank you,
Mauricio. First item that we have is item 3A, the approval of minutes for the May 15th regular city commission meeting. I'll take a motion. Motion. Second. Second. Favor.
I I Mauricio, can you play the uh opening? Yes, ma'am. 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
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Okay, mayor. We are to section four, the order of business. There are three revisions to tonight's agenda. The first one is for item 6A, which was an amendment or a revision to the uh amendment on the text to the future land
use element in the city's comprehensive plan. We're not. I thought we're not going to be discussing. We're not, but we're going to bring it up just to clarify the record why it's not. But we are, if I may clarify my prior statement, since the prior vote was at the LPA, all
the LPA does is advise the commission So we will call it up again and just advise that the LPA it was a two to2 vote right and then the city commission can rec can uh consider it at the same time uh knowing that the LPA which is us
recommendation exactly right so it's just for the so it will be called again okay got it all right go ahead Mauricio okay 9B has also been revised and 9E has also have been revised the
resolutions. Okay. And all those revisions are up in front. Yes, ma'am. Okay. So, just for anyone um in the audience if that's all um in the back for you if you would like to take a look at those. Okay. Mauricio. Okay. So, I need a motion to
approve the revisions to the I'll take a motion. So, moved. Second. All in favor? Okay. Yes. Okay. So we are now section five. We have a zoning application. If you give
me one moment, I'll read the introductory statement. So ladies and gentlemen, this evening's agenda has a zoning application. In these matter, the city commission sits in a quasi judicial capacity. The decision of whether or not to approve a zoning variance is not a popularity contest, but must be based
upon substantial competent evidence as it 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's card and give it to the city clerk before the item is called. We will first hear from the city
staff and then from the applicant. After this, the mayor will allow anyone from the audience who has been sworn in to provide testimony. The zoning applicant has the right to cross-examine any witness and for rebuttal. Please make sure that your comments are
concise. So I will read the preamble. In accordance with the LDRs of the city of Sunny Al's Beach, all items to be heard today have been legally advertised in the newspaper. 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. Do you swear testimony you're about to give is the truth, the whole truth, and the truth. So help me God. Thank you. So item 6A, excuse me, 5A is a zoning application number PZ 20225-02
mentions that Aqualina B enclosure for unit 301 301. Okay. Good evening. And can you also read in the companion TDR resolution? I think it's 9A. Yes. One second. 98 is a resolution approving the
purchase and assignment of TDRs in the amount of 313 square feet of Florida area ratio and zero dwelling units from the city's TDR bank account to Nina 1801 Corp authorizing the development services director to withdraw 313 square
ft of F and zero dwelling units from the city's TDR bank account and assigning 313 square ft of F to the property located at 17749 Colins Avenue, unit 3001. And before you go in, Amy, are there any
exarty communications that need to be disclosed for this application? No. Anyone? No. No. Thank you. Okay. Uh, good evening, mayor and commissioners. Um, this is zoning application PZ 2020 for balcony enclosure at the mansions at
Aqualina project for unit 30001. The request is to modify the approved site plan for the mansions at Aqualina and to purchase and assign transferable development rights from the city's public TDR bank account to increase the
floor area of unit 30001 by $313 square ft. The price for purchasing the TDRs will be a total of 39,125. The site plan modification will increase the overall floor area for the mansions
at Aqualina development from 435,699 square ft to 436,012 ft. Um here is the existing floor plan and highlighted in the northwest corner is the balcony that exists today and
here is the proposed floor plan. It will be enclosed to create a new bedroom if this application is approved. The remaining floor area available for purchase through TDR's at the mansions at Aqualina project is 92,179 square feet. Um the request is
consistent with the comprehensive plan and the land development regulations and I'm available if you have any questions. Okay. Any questions from commission? Do we have any public speakers? No ma'am. Okay. Make a motion. Motion a second.
Second. Commissioner Joseph. Yes. Voting for both 5A and 9A. Yes, ma'am. Okay. Yes. Commission. Uh, excuse me. Vice Mayor Lama. No, I'm I'm not so sorry all over the place. Excuse me. Uh,
Commissioner Styver. Yes. Commissioner Viscara. Yes. Mayor Fetchin. Yes. The application is approved 4 to zero. Okay. Thank you. Good luck. Um okay. So for ordinances for first reading. Yes.
So ordinance for first reading is 6A. An ordinance of the city commission of the city of Sunny Als Beach Florida amending the text of the future land use element of the adopted comprehensive plan providing for repealer providing for servability providing for transmitt to the state land planning agency providing
for an effective date. So, since at our last meeting we were a a tie on this um we're not necessarily going to speak about this, but I would like No, you you should you should consider you we can Yeah, you're you're you're hearing this is publicly noticed
for you to hear this as a city commission. Okay. And you now are now advised that the local planning agency was tied in their recommendation. So to the extent that it still needs to go forward and then you can revote on
it. Okay. So just for the public, we are also the local agency that had that discussion, it's a little bit confusing. So we recommend or not recommend to ourselves and we were at a tie. So we're going to sort of do a little bit of a doover, but do we have any public speakers? No, ma'am. Okay. So I will
take comments. Okay. So go ahead. For myself, I would like the uh consultants to uh come back to us for next month uh with revisions outlining the uh plan for bonuses
um and to uh specifically to modify the language to make it apparent that bonuses are not a given. Okay, Commissioner Joseph, one second. evening. Yeah. Okay. Good evening, mayor and commissioners. Um, so this is an
ordinance to amend the future land use element of the comprehensive plan. Tonight, we're joined by our consultants, Jeff Kadums and Caitlyn Forbes with Complete Cities Planning Group to go over the items. Um, the local planning agency, it was a tie on this one. Um, I just want to reiterate
for the record that this was based on the commission's discretion to clean up certain future land use districts and um, we're bringing this in stages because to bring it in one big package would be a bigger push and I think would confuse the effort. So that's why it's coming forward to you this in this
manner, but I'll let Caitlyn get into the specifics. And so what you're presenting again for clarification is based on the input that you received from us. Yes. Okay. So Caitlyn, if you would, given the conversation we had earlier, if you could please address some of that as well in your presentation. And mayor, if
I may also add, we we need to also present it somewhat as we did before because this was publicly noticed. All right. So comprehensively, it's advertised. Yes. Okay. So please start from the beginning. And I think the PowerPoint will also come back up. So good evening, madame
mayor, members of the commission. and Caitlyn Forbes with Complete Cities Planning Group here to present item 6A, which is an ordinance to amend the text of the comprehensive plan future land use element. Um, as your uh staff Amy just mentioned, this is largely a
cleanup ordinance based on the direction that we received um from a couple workshops ago as it relates to the east side um the mixeduse resort land use category and clarifying the upper maximums as it relates to uh density and intensity uh potentials on the east
side. Again, there's only a couple of um you know underdeveloped properties that the city would anticipate redeveloping under the revised language. And this is consistent with the practice that the city um has had as it relates to the east side in the past. There are a couple other um updates that we brought
forward just in an effort to update some of the statutory and date references that are included. Um and as we discussed at LPA, you will see a series of additional ordinances over time. As Amy mentioned, um this was in an effort to kind of peacemeal it and make it more digestible so we could talk about
specific topics um while addressing some of the more time-sensitive issues such as the east side. Again, you do have a zoning in progress on the east side currently. Um that limits the actions that the commission can take um on potential development applications currently. Um so the uh the meat of the
ordinance was to clarify the maximum levels of development again density and intensity for the following land use categories um largely implementing the um land development code maximums and ensuring consistency as it relates to those density and intensity levels. The
land use categories that were modified include low density, low medium density, medium density, medium high density residential and the mixed use resort land use categories. Again, the um the the larger topic um for discussion as part of this ordinance is likely the
mixeduse resort land use categories. The others were um simply clarified to address some of the language that was utilized in your land development code. Um we did hear some discussion and direction as it relates to the bonuses. Again, just for the record, the
comprehensive plan's job and its role is really to establish the upper maximums and then your land development regulations come in behind it to implement your comprehensive plan. And that's where the real work as it relates to your bonus program comes into play and that establishes what types of
bonuses are um allowed, how you achieve those bonuses, and the uh allocations for density and or intensity. Um so while the comprehensive plan will address and utilize the term bonuses in no way, shape or form are the comprehensive plan um land use
categories granting bonuses in and of itself. It's just clarifying that should you be eligible and be awarded the bonuses that are established in the land development regulations, these are the upper maximums that are potential or possible. And that is clear in the current um language that's before you
for consideration. We did hear some direction at LPA that you would like to see the uh additional bonus ordinance come um concurrently with the amendments to the mixed users or land use category. Um that would not be ready within the
next month. That's something that u we're working with staff on the scope um and making sure that we have some clear direction on how we're going to bring that forward to you, but that'll be something that'll come to you later uh this year. So, um, food for thought would be considering taking the, um,
ordinance forward with the exception of the amendment to the mixeduse resort land use category so that at least the other pieces could potentially, uh, move forward and we could come back to you with the um, amendment to the mixeduse resort at a later date. Um, just as a reminder, you do have the the zoning in
progress. I'm not sure when that expires and if there's a concern as to the timing of that. Well, within your code, the the zoning in progress renews every three months. However, um how long has it been in place now?
I think at least 18 months. Yeah. So, typically a year you're pushing it, right? Um now you're well over a year. So, the longer you go, the more subject to challenge it is. So, I would just forewarn you on that. Yeah. And I I think um we were discussing that if
there's um a little bit more level of comfort, we could um certainly between first and second reading or even before transmitt include some additional language as to um clarifying that it's a potential maximum. But again, that that is clear in and of itself just in the
role that the comprehensive plan plays that it's a an upper maximum uh because the land development regulations can always be more restrictive than the comprehensive plan. And to that end, they are um because you can only achieve those maximums by getting the bonuses and being awarded the bonuses that are established in the land development
regulations. So, um, as as your consultant, we're pretty comfortable with the language, but we would be certainly willing and able to add some of that, um, additional language for clarification if it gives the commission some comfort. And so just again for clarification given what you heard
earlier today I if this was if we were to vote again and it went forward in any way does this sneak in for a lack of a better word any additional bonuses if we don't have those defined at um as per the previous comments? Certainly not. And again, as a reminder, this was the
direction of the commission through previous bonus or um through previous workshops to kind of move forward with establishing the upper maximums that are in the ordinance before you. Okay. If I can clarify, mayor, also when we refer to the zoning in progress, that applies
only to the LDRs. It does not apply to the comp plan. Right. Okay. Thank you. Um Commissioner Joseph, please. Yes. So, as I said previously, I want I wanted to be absolutely clear in the definitions
that bonuses are not a given, that they're not to be taken as a given, and I need that defined clearly in order for me to uh move this forward. So, I will be
reiterating my uh previous vote. Currently, as it's written, our bonuses are given. Bonuses are addressed in your land development regulations, not through your comprehensive plan other than to establish upper maximums that are potentially achievable
should you be awarded bonuses. Again, all of the heavy lift as it relates to bonuses is done through your land development regulations, which isn't an item before you tonight. So this is just to implement the direction that we got from the commission to allow the maximum potential achievable density and
intensity on the east side to remain consistent with how the city's been applying the comprehensive plan and the land development regulations on the east side so far. It's not granting any individual property owner the right to a bonus. Is this clarify for you? No,
because I'm concerned with perception. So I'm looking to clarify the language so that perception is taken out of the picture. So we can't have someone come to us and say my perception is that I'm due bonuses. I
want it to be made clear that bonuses are not a given. Mr. city attorney, could you please speak to how um perception is well like legally right like Caitlyn indicated um the comp plan doesn't confer any right to bonus it's
only if you're eligible this would be the maximum it the only way you can get bonuses is through the LDR so you can have developers ranting and raving all day long that in the comp plan it says the word bonus it doesn't give them anything that's the nature of comp plans
so this will always be two separate ordinances, right? There will be an ordinance as it relates to the comprehensive plan and there will be an ordinance as it relates to your land development regulations. And Commissioner Joseph, we certainly hear you and we look forward to bringing that ordinance forward as it relates to the land development regulations. But this
is kind of a separate piece that is moving forward at this time just to clarify the direction that we received from the commission as it relates to the maximums and then the way that you are allocated or achieve those bonus uh bonuses and and the density and
intensity that goes along with those would come before you as a separate ordinance just by the nature that they're two separate documents. One's your comp plan, one's your land development regulations. Oh, I understand. But I also need to clarify that because we have staff who you go
back to who does not live in the city, you don't live in the city, we need to have a concern as to what the residents will be living with regarding future development and that needs to be a major concern.
Okay. I I believe that we have consensus that that's absolutely a major concern. I just I I think that we're muddling things up again. So, just again for clarification, I'm going to ask the manager and the city attorney for the record to clarify exactly what it is we're talking about because I think that we're starting to talk about different
things, not what we're voting on. And I hear you and I agree with you. I think we all agree with you. Um, but that's not what's before us right now. Um, Mr. City Manager, if you will, please. I don't really have anything further to add than what Caitlyn has explained. I
mean to the extent that there's any language that says you're not entitled to a bonus and it's discretionary that's in the LDRs that needs that belongs in the LDRs. It has no effect in the comp plan. I mean they Caitlyn may be able to come up with some language which is I
can't remember the word we were talking about before. potential maximum. I think potential maximum whether we want to say discretionary, we we can throw in a word in there, but it really has no effect in your comp plan because it doesn't confer you the right to have a bonus. It just
recognizes that your LDR discusses bonuses and when you go to your LDR, if you're entitled for whatever reason, then these are the maximums that are allowable. Allowable but not guaranteed. The only way your comp plan doesn't mention bonuses is if you get rid of all bonuses
altogether. Okay. I I have a question like what what you're being asked here to these clear definitions or for is are you being asked to put language in the comprehensive plan that would should
really be in the regulations? I don't want to speak for your city attorney, but I think we're on the same page that the land development regulations are really implementing your bonus program. And so other than referencing a maximum achievable intensity and density in the comprehensive plan, the vast majority of
the language as it relates to the bonus program should live in your LDRs as it is today. So the the comprehensive plan is more like sorry more of like like the general like the big picture vision, right? That's correct. And the regulations give the specifics. So if
you it's like saying in a comprehensive plan you would say we need we want to see a lot of green space and a lot of trees and the regulations would say the trees need to be three feet apart. We can only have these kinds of flowers.
Right? Those are the specifics. So that's why I'm comfortable moving forward because this accomplishes the big picture direction that we've given you and the specifics that you guys are uncomfortable with that you don't see.
You don't see it because they they come in the regulations, they don't you're asking for the the three feet apart trees in the big picture. I'm happy to have redundancy for clarity, but I'm saying it's not a matter. So, in the
world of comp plans, it's just if you were to put that language, you're not guaranteed a bonus. It absolutely doesn't belong in your comp plan. Somebody from anywhere in the state looks at that comp plan and be like, what is this? It just it's not language that belongs there. It belongs in your ordinances.
In the world of comp plans, you don't draft them that way. It just it just I mean again we can use one word here and there to to bring some comfort but again it doesn't guarantee the there's no in the world of comp plans whether legally
or otherwise there's not a perception of guarantee because that's just not what the nature of the document is. It's a limitation not it doesn't grant you rights. Okay. Amy did you have something to add? I just want to add one more thing. Um,
if you read the future land use categories that we are amending tonight with this text amendment, the mixeduse resort has bonus language and it's the medium high density does as well. We actually made it clearer in this amendment that the as of right density,
we actually use the word maximum as of right is the 2.0 F and the 50 units per acre in the mixeduse resort. And then it says later on in the document if you receive bonuses and TDRs it's this. But
the only thing that's guaranteed is that as of right F and density and that's in the comprehensive plan and we're actually clarifying that even further by using the words maximum as of rate. So, I'm not sure that we will be able to bring forward,
you know, something in the comprehensive plan that talks about bonuses being discretionary since that program lives in the land development regulations and staff is very comfortable with this. Um, it would be great if it could move forward as is. Thank you. And if I could
say also that the the status quo is a lot worse than right what we currently have is a lot worse, right? because right now that's what controls right and it's consistent and right so it it may not be ideal but
it's certainly better than what you have now because the status quo now is is what's not acceptable and actually it's not actually lawful at this point right so what is being presented to us is an industry standard and best practices and that based on our specific direction
which was because it's very interesting you guys keep saying the direction of the commission what was the direction of the commission to clean up what was going on between the land development rights between the comp plan land use
devel etc. So but you just said that the staff is the one giving you the directions of how to present this to us. So right now we don't know how many ordinance or what's coming to us. We just have a very open the direction from
the commission that everybody in the staff keep repeating that this is because of us. We asked what to clean up. Correct. So but now just in the meeting before we know that the north the town center north is not being considered here. So it's coming the
vision for the town center north. Also uh the northern business district is not here. So that's coming back with a comp plan and the land development regulations. So something else coming bonus programs are coming as well. So and it's interesting that we are clean up something that we are not even
defining. So we don't have bonuses defined but we are putting them here in a formula telling that you can go from your base right now of 50 units to with bonuses 80 units with
bonuses and TDRs 104 units. So really I think we need to clean up and I think I will feel a lot more comfortable. I'm not going to talk for everybody but I will feel more comfort knowing what is coming to us. What is it that need to be cleaned up and what is it that is coming
to us? One document, two document, seven documents, what is it? Because right now we need to trust that everything that is bring to us and I don't know how many people is reading this. I read everything and those six pages that I um that I um shared with everybody was
after reading and reading and researching because this is going to fundamentally change what's happening in Sonals. So right now we have all this discussion for the east side. East side is where the bonuses are being used the most because that's where we can get
enrich the stars. That's how high we can get. So I is so interesting that We have been pressured to clean up something that we don't have defined how much clean up cleaning up we need. So we are completely in there having to trust that
what is coming to us is what we are giving the direction without giving that specific direction. So I am lost. So if I lost I can imagine you guys should be lost as well. So and in and when they said that the developers here said if
developer meet bonus programs requirements they can increase to the maximum and we're telling them right now what is the maximum also it says and I'm going to read it the comp plan 2030 through policies like like future land
use policy 14b allow additional density if develop developer meet LDR land development requirements proposed amendment. This was supposed to be doing what is here in the in the future land
use element ordinance to clarify those allowance and you guys are clarifying saying saying what is the maximum that they can have if they meet those requirements in the land development rights. So we are implying that by
developers complying with those requirements they are going to get it. So I do believe that maybe we need a workshop where we are going to be clarifying what is wrong and how we are going to get to be it
right because right now like I said before we just need to trust that whatever you guys are bringing us and when I say you guys I said the whole team so I'm not say you. Okay. So, and I do appreciate the job that that your team is doing working with the staff,
but like you guys said before, you get direction from our city staff how to presenting to us. So, I feel lost in what is coming to us. Like I said just in the meeting before you guys asked us to to pass right now three ordinance
knowing that three more are coming and still we have not defined the biggest big bad word which is bonuses which is what it can make a building to go from 50 to 104 units per whatever acre or
whatever. So I I am really um frustrated with this clearly and I do need a little a little bit more of clarification because to keep repeating that is the direction and discretion given by the commission. I don't feel part of that
because I haven't give any direction or any specific we've we've had a number of workshops and discussions about this. I think what I'd like to suggest is if there's no opposition is that we have some one-on-one conversations and additional um I guess clarification
because as Commissioner Stewen says, she's lost in in this and I think that what you're hearing is is that there isn't enough understanding of what it is you're presenting. I shall I I think you just hear the opposite what I say. Excuse me one second, Jerry. I don't want oneonone. I want open conversation
with the people listening to us and listening to them and listening to the staff. Those oneonone is the opposite of transparency is the opposite of what No, let me finish. Is how many? Wait one second. No, no. We've had I No, no.
Maybe you had your one on had many workshops together. Not true, Mr. City Manager. How many workshops have we had to discuss this approximately? Amy, do you recall, Caitlyn, how many workshops we've had over the past couple
of years? Three. How many meetings the staff has with them? Do you want to ask that? Who is to give them directions? Can you define who staff is? Okay, hold on. Hold on one second. Mayor, can I um I think we've already Yeah, I think we need to
to either take a motion or move on. So, um questions, please go ahead. M may I have mine are brief? Yeah. I just want to I want to take it from the top. So we're talking only about the east side right now. Okay. We're looking at a
clean up cleanup job of of uh language that is not not clear. Now my question is I understand that the comp plan and the LDRs at some point some of the parameters have to match and those parameters would
be density and intensity. Correct? because we've had issues in the past where the density and intensity was not defined in the comp plan or it was not the same or it was very let's say um very jumbled up between the comp plan
and the LDRs. So my question is are bonuses supposed to be in the comp plan defined in the comp plan? From what I heard from the city attorney I think he said no.
They have to be if you have them there has to be a reference to them as to what the maximums are. Remember your comp plan is your and that's been part of the problem here is for example in certain places your F was 2.0 but you're building buildings that are over six.
Okay. Your comp plan has to be predictable and it has to give some sort of guidance as to what the maximums are which is all that's being tried to be done here is to set those maximums particularly for an area that's been
already developed essentially. Um those have to be in place and you don't have that in place now. Your bonuses are already defined. Everything is defined but in the wrong places and the thing is what is in place now is what the law is. So what the consultants and staff are
trying to do and what we've tried to do through the workshops is to make them consistent. At least make them legal because your comp plan doesn't comport with your LDRs. And right now the way they stand they can build as high as they want. They get all the bonuses they want and they get as they max everything
out because that's how your code is written. And until that changes that's going to continue. And just to this is for the east side, right? Yes. But this side is already basically developed. I mean what what do we have
left? Two two parcels. No, seven seven maybe. But well wait a second. But back to the what the atern what the city attorney is saying is that uh as it stands they would be able to get all the bonuses as as written. So even though
we're just talking about the east side um it's still important because they need No, no, no. I understand that. But what I'm trying to say is what I'm trying to understand is I know that at the comp plan and the LDRs
need to have information that matches. Right. Correct. From what I understand that the density and intensity needs to be clearly defined in both right in the comp plan and the LDRs. Correct. Yes or no? Yes. Yes. Yes. Right. Yeah. Okay.
What about the bonuses? The bonuses need to be defined treated. The maximums are not treated between the maximums are set in your comp plan, but the definitions, the entitlements, everything else in regards the requirements, the prohibitions,
everything else regarding your bonuses are in your LDRs. So, so any any details as far as bonuses and how those are implemented will live in the LDR. Absolutely. Yes, that's where they are. Yes. And the state
requires that. But wait, hold on, Alex. Hold on. Go ahead. Just as a point, the state requires us to have that language in your comprehensive plan as it relates to the maximum intensity and density. That's something that's a requirement of the state. And just as a point, because
their land development regulations can be more restrictive, there's certainly cases where cities establish upper maximums in their comprehensive plan that aren't achievable through the land development regulations. You could establish a 10.0 F and a 200 dwelling
unit in acre um intensity and density in your comprehensive plan and your land development regulations are more restrictive, you could never achieve those maximums in the comprehensive plan, right? So there's, you know, the the overarching maximums that are established in the comprehensive plan, but to our point, they're only achievable through the land development
regulations and you have to comply with all the land development regulations and the programs that are established therein to reach those maximums. Got it. Yeah. But if we are aligning the comp plan with the land development regulations, we are formally formalizing
those maximums in density. We don't because you can reduce those when you get to your LDRs. You can make if you want to get rid of all you could have your set your limit as Caitlyn just said you can set your limit in the comp plan and then when you get to your LDRs make
those more restrictive when they don't get those because the only way they get them as restrictive as we want to which is the opposite of what we said from the very beginning that we are trying to make both of them align and make sense because they're already built the buildings are already built to build that's the problem that is a lot more to
build so so again then we have two different we are aiming either to aligning the comp plan LDRs or not and when do we align them we are formalizing maximum and we are formalizing those maximums here right now without defining what is a bonus so and that is my
problem from the very beginning so why don't you bring us a a big document and we can have one meeting maybe for just this to make sure that we are doing the right thing because like I said this is we are formalizing maximums By doing if
we do this clean up and we give to the developers what we are doing that's a dream world of a developer we are telling them right now basically if it's right now like that okay so they're going to continue with the dream world because right now we are telling them that we are formalizing in our papers
after all this job and all these hours spent the maximum they can do with bonuses and we are not defining those but again we're dealing with an area that's already developed. If you go if you go ahead it is because if you go back now and you say okay no more
bonuses or bonuses only at 10%. You have an entire east side over here that's that's built that's going to be illegal basically because now your comp plan they're all going to be in violation of your comp plan like what happened with town center park itself and then every single developer that's trying to
develop those lots consistent with everything you've allowed for the last 20 years is going to sue you in court. They're going to have they're going to I I Okay. So, I think that what we need to do is we'll we'll take a motion and um move move on and then we'll figure out how we're going to deal with this uh for
for next month. So, I'll take a motion. So, I I still have a question that wasn't answered. Okay. Go ahead. Okay. So, when you speak about staff, I'm not understanding whose direction you were receiving information from. I'll answer
that. I'll answer that. They receive direction essentially from me based on what you want. They don't operate independently. Yes. There are consultants staff. Yes. Or she is and your staff. That's right.
They don't work independently from us. They work hand in hand with us in conjunction with the workshops that we've had and the direction of the commission. That's how it works. But they were talking about departments that they receive information.
information from departments. Which of the departments that you're receiving information from? Direction. I don't remember mentioning departments. I'm sorry. Okay. So, I I think your question's been answered. So, so you're only receiving your direction
is coming from Amy and the city manager. Their direction is coming from me. Yes. Not from Amy. From me. Okay. All right. So, I'll take a motion. was so moved.
Second. Second. Okay. Mauricio. Commissioner Cyson. No. Commissioner Viscaro. Yes. Commissioner Joseph. No. Mayor Fetchin. Yes. The ordinance is two
to two. Okay. The motion is two to two. Okay. Thank you. All right. Next item, please. I get the motion dies. motion. It's a tie, so it can be brought back, but there's advertised there's uh
a bunch of formalities. It it can't come back the next meeting because if we do if if we try to bring it back all at one, you're talking about six months or more. I mean, it's going to be So, I I have the same question I need to ask. Will the consultants be revising the
language before the next month's meeting? There's You're not going to hear this month? We're not going to hear that. If you're all if you're all asking for the bonuses to be defined, you're taking this process probably another six months and that's put and that that puts you at risk. Okay.
Mauricio 6B is an ordinance of the city commission of the city of Sunny Alles Beach, Florida, amending the infrastructure and capital improvements element of the adopted city of Sunnyalis Beach comprehensive plan to clarify level of service standards. providing for transmitt to the state land planning
agency and other review agencies identified in Florida statute 163.3184 providing for repealer providing for serverability providing for codification and providing for an effective date. Good evening again mayor and
commissioners this time as mayor and commissioners. Uh again for the record Jeff Kadums complete city's planning group consultant for the city. This ordinance is a housekeeping ordinance that is fixing some conflicts uh in level of service standards within the
comprehensive plan. That's all it does and we recommend that you prove it on first reading. Thank you. Do we have a public speakers? No ma'am. Questions? I'll take a um motion. Motion. Second.
Mauricio. Commissioner Viscaro. Yes. Commissioner Joseph. Yes. Commissioner Styverson, yes. Mayor Fetchin, yes. The ordinance passes our first reading, four to zero. Okay. Next item, 6C. 6 is an ordinance of the city
commission of the city of Sunny Als Beach, Florida, amending the land development regulations section 265-11 procedures of general applicability providing for a new article six adequacy of facilities concurrency to establish concurrency procedures and requirements
providing for repealer providing for servability providing for codification providing for an effective date. and Jeff Kadums for the record. Uh, this ordinance uh establishes concurrency provisions in your land development regulations where
they're required to be by state law. Currently, they're not um they're not articulated in your land development regulations, but they are only articulated in your comprehensive plan. This takes the pertinent information from the comp plan, puts it in your code, and provides some uh some finer
grain procedures. Uh that is my summary of this item. Do we have any public speakers? No, ma'am. All right. Any questions? Take a motion, please. So moved. Second. Mauricio. Commissioner Joseph, yes. Commissioner
Styen, yes. Commissioner Viscaro, yes. Mayor, yes. The ordinance passes on first reading four to zero. Thank you. 6D is an ordinance of the city commission of the city of Sunny Al Beach, Florida, amending ordinance number 2024-618, approving budget amendment number
BA2425-05 to the city's operating 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 date.
Mayor, vice mayor, members of the commission. This is a routine budget amendment that transfers some vehicles into correct line items within the budget. Okay. Do we have any public speakers? No, ma'am. Take any comments from the commission. I
take a motion, please. Motion. Second. Mauricio. Commissioner Cyent. Yes. Commissioner Viscaro. Yes. Commissioner Joseph. Yes. Mayor Fetchin. Yes. The ordinance passes on first reading 4 zero.
Okay. We are on to section 8 ordinances for second reading. 8A is an ordinance of the city commission of the city of Sunnyhouse Beach, Florida, amending sections 161-10, 161-11, 161-14
of chapter 161 of the city's court of ordinances entitled flood damage prevention to specify elevation of manufactured homes in flood area h flood hazard areas providing for applicability providing for servability providing for codification providing for repealer
providing for an effective date. Mayor, Vice Mayor, members of the commission, this is a second reading of an ordinance that amends our code entitled flood damage protection. This will help us in the future lower our community rating system.
Uh, I'd like to know for the record that the mayor left early and has pass the Gavl to Commissioner Viscara as a presiding officer. So, it's my turn then. Uh, yes. So, right now we're on 8A. 8A. All right.
And we have no public comment for the record. I think I'm supposed to be the presiding officer, actually. No, she passed the gabble. Oh, she passed. Yes. Okay. So, this is
being presented by Dylan Battles. Is that the city manager uh item? Yes. I just um it's the second reading of an ordinance that we presented, I'm sorry, that we presented that revises our code
regarding flood damage protection that will help to lower our community rating and it'll pass that savings along to the residents. Okay. Is there any uh comment from the commission? Any public comment?
No, ma'am. All right. Uh motion to approve. Make a motion. Second. All in favor? Uh this is an ordinance, ma'am. Let me just take a roll call. Commissioner Joseph, yes. Commissioner
Styver, yes. Commissioner Viscaro, yes. The ordinance is adopted three to zero. Okay. The next one, we already did 9A, right? Yes, ma'am. So, next one is 9B. Yes. 9B is a resolution of the city commission of the city of Saniel speech authorizing the chief of police in
accordance with the comprehensive crime control act of 1984 to expend forfeite funds from the Florida Department of Justice federal forfeite account to purchase fitness equipment for the police department. And we're also going to hear the companion item 9 C which is
approving an agreement with fitness showrooms of Long Island for the purchase and installation of exercise equipment for the Sunny Al Beach Police Department. All right. This is is from Chief uh Edward Santiago. Stan, are you gonna take that? Yes. I'm gonna take all
of them. Great. Yes. This um Thank you, mayor, vice mayor, members of the commission. These two companion items. One allows us to expend um Department of Justice funds to build
out a space as a gym for our police department. And the second item is the actual purchase and installation of the equipment for the police department. Okay. Any comment from the commission? No, we have no public comment. Public
comment. I I did see the the they started doing the um equipment up in the police department. It's looking good. Okay. Anyway, vote, I guess. Motion. I make a motion. Motion. Yes. I'll make a motion. made the motion
already. Second. Somebody second. All right. All in favor? I I thank you. 9D is a resolution authorizing the expenditure of budgeted funds for the purchase of two Ford F-150s and one Ford Explorer
from Barzo Ford. Okay. City manager, mayor, vice mayor, members of the commission. This item allows for the purchase of total of three vehicles for the police department. If you recall, you all gave us the ability to purchase
vehicles in advance of any future price increases, and that's what we're trying to do here. I have a comment. Okay. Um, as I stated in uh the agenda review, board this week um notified board owners uh of vehicles
from 2021 to 2025 that there was a recall of every vehicle regarding backup cameras. So, I'd like to be sure that we uh take that into account when we're purchasing these vehicles. Be sure that
the software is upgraded um as uh recommended by the recall. Yes, sir. We will. Yes. Thank you. Okay. Commissioner Syson. No. No comments. Any public comment? I'll take a motion. Motion.
Second. Okay. In favor? In favor? I I 90 is a resolution approving a letter agreement with Keith and Associates doing business as Keith to conduct a comprehensive vulnerability assessment. Okay. And
standing in for Rick is me, Susan. All right. How about it? Um, so we applied for a grant through D to fund a vulnerability study and we were awarded that grant and we would like to
um utilize Keith and associates through our CCNA process of preparing them to perform the study for us. Okay. Um, commissioners, any comments? No. Okay. Public comment? No, ma'am. I'll
take a motion. Motion. Yes. We'll second. All right. Um, all in favor? I I And Vice Mayor, I'm sorry. I'm not even asking you. Are you on board here? Are you listening?
I'm here. I'm here. I'm listening. Yeah. Okay. Sorry. I forgot to ask. Okay. It's okay. It's okay. I I'll chime in if I have to. Okay. I know you will. Okay. Um, Mauricio, next 9F is a resolution approving the issuance of a proclamation
recognizing the month of July 2025 as Parks and Recreation Month in the city of Sunny Al Beach. Okay, I'm guessing this one's Susan. This will be me. Um I have the honor of bringing you the very first resolution for your new process to
request a proclamation um designating July as parks and recreation month. I would like to co-sponsor the the proclamation. I have my name on it. Yes. Thank you. Okay, that's uh Jerry, any comments? No comment. Okay, I'll take a motion. Oh,
no public comment. No public comment. Motion. Motion. Second. Okay. All in favor? I I Okay. And annual recognition of Jewish solidarity day. G. I'm sorry. I'm doing your job. Mauricio 9G is a resolution
commemorating Jewish solidarity day as a special day in the city of Sunny House Beach. providing that Jewish solidarity day shall be recognized annually during the first week of May through the issuance of a proclamation. Okay. And this is uh being brought by Commissioner
Joseph. Yes. This is my resolution. I'm uh bringing it before the city manager to um and the vote of the commission to allow for the first Sunday in May of each year to be Jewish solidarity day
where we recognize um that Sunny Isles is one of the largest Jewish communities in Sun in uh South Florida, if not Florida itself. Uh per uh regarding the size of our city.
Um we have a diverse Jewish community uh from um every continent and um in that regard we have a lot to celebrate and I ask that we set aside
the first Sunday in the month of May to have a celebration at Gateway Park uh with not only uh Jewish residents but all of our residents to celebrate um the accomplishments of Jews
throughout the world um to the benefit of everyone. Okay. Um any speakers? I'll take Well, first I mean it's your it's your item. Is that all you have to say? Because I'll take um Yes. I would like to uh
have speakers and any input from the commission and then I'll I might have something else to say. Commissioner Sison, Commissioner Joseph, something else? You want to say something else? I would
like to ask for any speakers. Are there any public comment is coming? I just want to make sure that you're Yes. There's We have nothing else to say. Okay. All right. So, um, well, I'll give you my my comments is that, um, you know, I I really like the idea. I told
you before, I really like the idea of the Jewish Solidarity Day. I like the way that we did it. um you know in the recognition but I have to express my concerns as we did as I did before when we're combining when we're having an event and it's
around a religious concept or a religious situation. Please let me finish. Uh then we have that constitutional rub that we've had before that which is which we discussed also in terms of the donations uh and
the inind donations and all of that about so supporting religion. Uh government is not allowed to support religion but we're able to recognize the day we're able to there's there's a space in which we can do things. Uh but
I I think once you're talking about spending funds and and by the way you say small event but then you say gateway. So those two things but that's separate because I even if it were small I think uh we're we're running into trouble and we we talked about that um
you know a little bit in in our last meeting and so um city attorney have did we look into it? that we we have any different direction than we had at the last conversation. The last meeting it
was guised as an event or a celebration or recognition to bring um various congregations together um that was somehow allegedly in disharmony and that would be a concern with regards
to expending any funds in that effort. Um we recognize as as we do nationally I believe the the uh Jewish uh heritage month. So those are things that are permissible as you stated we can make recognitions but it gets a little tricky when you start
expending funds. Is it is it okay to designate a day like but that first part is is that okay to say on um on this particular day in Sunny Isles it'll be can is that part okay? Well, you can always designate a day, but you kind of
opened up Pandora's box obviously because a lot of people want recognitions. So, you could get requests for other recognitions as well. So, once you constitutionally I mean I understand policy, you know, that's another issue, but constitutionally it's okay to create to
recognize a day. I mean, we do it withations. Yeah. You can't you just open up the door to other folks possibly wanting to do that and then you get in a tough spot saying no. But constitutionally, yes, you can. Okay. Um, so that is my that would be my
reservation. I don't think um I need to I don't think we can do that. Yeah. Okay. So, we uh for people that are not Jewish, we need to clarify um that there's a difference between Judaism and Jew.
Do you understand that difference? Why don't you enlighten us? Okay. Judaism is the religion just like Catholicism. Jewry is being Jewish
which relates to um being Jewish is not only a it's not a religion. It's a people. Jews are are a people. We have a state.
We have a country. We have um genetics that are um that are common to only Jews. We have diseases that are common to only Jews,
different than other religions. Um so in that regard, I'm not asking to for a day to celebrate Judaism. I'm asking for a day during
um Jewish Heritage Month to celebrate um Jew uh the history of of the Jewish people, not the religion. um uh people that have contributed, Jewish
people that have contributed to uh history to um contributions to health, to everything that benefits uh mankind throughout history would be
celebrated on that day. Okay? Not religion. It's not meant to be a religious day. Okay. I I I I hear you. I don't agree with you. Is that clearer? I don't agree with you. I think in the end, you and I have had this debate in in numerous
ways, Jerry. But it's not Wait, because it's it's you think that if you label something differently, No, it is absolutely okay. There is absolutely a difference that you're not understanding apparently. I guess not. I think that this is okay. that you're putting us in
a constitutional problem. Okay. So, at this point, I would like to table this until next month. So, you have a motion to I would like to make a motion to table. We have to there are there is public comment. We can for the record. There are no public
speakers. Okay. That have signed up. No one. There are none. No public speakers. So, if you if you're going to have a procedural motion, you wouldn't be able to have speakers anyway. So, it depends whether you're doing a promotion procedural motion or not. But if if may
I can you give them the direction then to speak as a open forum citizens next to give them the chance to write whoever wants to talk. I'm sorry. I'm not sure how you Yeah. to let them know that they can request to in the in the citizens
forum they can speak for three minutes. So they can write right now. You can you can get a card and you can talk next. Okay. Whoever wants to talk. All right. Um, I'm sorry. Just for for the record, um, because Mayor Fetchen, since she had
to step away, she did want to have her her comments incorporated into the record regarding this item. And basically she states that a few residents have shared a message with her which they indicate was sent um to them by Commissioner Joseph which is
presumably a a post that was circulated online regarding having um the residents come out and support both this item and an item that was scheduled at the workshop at 3:00 and she just wanted to know for the record that she is in
absolute support of an annual Jewish Heritage Month celebration during the month of Okay. Okay. So, with that, um, just to clear the record, is there a motion on the floor to defer? Yes, I'm making a mo because
that does not count as a vote. Correct. No. Okay. So, I have a motion to defer till next month. It needs to be seconded. I second. Okay. All in favor? Okay. Any opposed? No, I'm not opposed.
Okay. Thank you. So the item is deferred. Thank you for showing up everyone. I appreciate it. Okay, we are now in section 11 of the citizens forum. We have two speakers versus Isaac Hersh.
Oh my god. Okay. Okay. Yes, you have three minutes. Name and and address, please. Perfect. My name is Isaac Hirsch. I live in Boon Beach, Florida. Currently, visiting here. Uh, I'm with a organization called
JVAC, otherwise known as the Jewish Volunteer Ambulance Corps. Um, just wanted to touch on some points that I know were mentioned earlier. Typically do not uh speak from notes, but since we're being timed, just wanted to uh get a few points across. I wanted to begin
by expressing my deep respect for Hutalo which was mentioned here as an organization. They do great work here in the city and on a personal level Andre um is like a brother to me. So uh you know they do great work. Um that being said I believe JVAC's mission and its
core values are more closely aligned with direction that the city is heading in particularly with its mission including of inclusivity and title VI compliance. JVC was built on the remarkable foundation that Azulla created.
But after years of faithfully serving alongside them, primarily in the Orthodox communities, we felt a responsibility to broaden the model. We wanted to open up this concept to everyone, not just Orthodox men serving within the Orthodox Jewish community, but anyone who's qualified and wants to
help save a life, regardless of race, religion, gender, or background. That principle isn't just aspirational, it's practical. For example, if any of you on this commission or your family or friends were paramedics or EMTs, JVAC is currently the only faith-based EMS
agency in the state of Florida that you'd be eligible to serve with. That's because we don't exclude. We believe that every resident of Sunny Isles Beach should have the opportunity to be a part of something meaningful and to positively impact their neighbors.
Now, when it comes to funding and and service, we're not here to replace Miami Date Fire Rescue. Let me be very clear. Miami date Fire Rescue is one of the best departments in the country. Their skill, experience, and resource are unmatched, and no volunteer agency, including ours, can or should compete
with that. We are a supplemental agency, and proudly so. We're licensed at the same level as the other organization being considered, but our approach is leaner, more community integrated, and focused on filling specific gaps when needed. Let's talk numbers.
Okay. Over a year ago, when the city was discussing a $500,000 sponsorship for an ambulance, we offered to do it for $350,000. That helped reset the entire conversation. The truth is, we'd gladly accept that support, but from our perspective, even the 350,000 is
excessive. We're missiondriven, not profit driven, and there are smarter ways to partner. For example, we're already tied into the state 911 system, the only agency tied into the state 911 system. The only faith-based, I should say, which opens the door for seamless
cooperation. One option would be for the city to grant us anou to work alongside the current existing services of MDFR within the city limits. That would enhance response capabilities without disrupting the incredible services residents already receive. And it would
cost the city nothing. That's $350,000 the city could use elsewhere. Okay, you can finish your sentence. Okay, thank you. In addition, we've traditionally been supported by charitable donations within the communities we serve. Sunny Isles is home to many generous residents with it with charitable foundations and donor advised funds and we're confident
that people here would step up to support uh if the community gives us their support, if the commission gives us their support. Okay. Thank you. Uh just to summarize, JVAC is ready. Jbeck is qualified and we reflect the the city's inclusivity values uh where
everybody can serve. Okay. Thank you. Absolutely. Thank you. Next speaker. Next speaker is Vitali Faulovich. Welcome back. My name is Vitali Fovich 9280 Southwest
167 Pay Miami. uh as a visitor here and having a business and coming in here with the clients twice a week. One of the things that I've seen is man, you definitely have amazing police department. Number two is when uh
government protects administration protect Jews and come with Commissioner Joseph. You know, it's amazing where somebody like me can feel safe because of the greatest police department, greatest police chief, which is thank you to our city manager. Another thing
is that you guys were discussing about hospital ambulance. One of the things is you have two stations here that support Sano Beach. One is Hanover and one is uh number 10. The thing is is if you have a major disaster and nobody can be you
never know when you have a major disaster happen don't go far. All you have to do is have a two accident at the same time and you have multiple people that need to be put in a hospital and god forbid that happened between 3:30 in the afternoon and 5:00. Your ambulances
are stuck. There's no way they can get to somebody. By having an ambulance here that is stationed here in Tyang Beach, you basically complete that that ambulance gonna get their own time to save somebody's life. And I think it's very important and I would really
support to see that another ambulance service voluntarily will be provided to to SA beach because you guarantee that they're going to save somebody's life whether it's going to be from a heart attack or it's going to be from a major disaster or it's going to be from a car
accident. I guarantee you I had got to drive here in the morning today and I think I spend three hours just in traffic to get through two clients to serve two clients with papers. I spend three hours just in traffic. You know how you guarantee that ammon's going to
you got two animals is and god forbid you got something happen you have a major car accident that you have multiple patients that need to be transported to the hospital. How you guarantee that those animals is going to respond to the call? You know, I think it's very will be very important to have another A1 service here and I do believe
that whatever you guys decide which among service will I think it would be important for them to have a money to have a station in San Beach. Thank you. Thank you. Next speakers. The last speaker that we have is Alex Terron. Okay, Alex, come on
up. I give your uh name and address, please. manager. My name is Alex. I'm a Jewish and I'm proud to be a Jew. I immigrated from United. Can you speak closer to the mic? I immigrated from Soviet Union because I'm a Jew.
Judaism is a religion. So is the Eastern holidays. It's also a religion holiday and we all celebrate it. Every year I enjoy the Christmas trees in the Heritage Park. I enjoy the beautiful Christmas tree which cost us money in a sunny park. Why not to enjoy
one day a year for the Jewish people? We have Spanish heritage what we do not have. Why not to have a Jew heritage? Thank you. Thank you to bring it to attention. Thank you. Thank you, Alex. All right. Any other speakers? No,
ma'am. All right. Before we we conclude, I just wanted to uh make mention of uh I wanted to give a shout out to our police department, our fire department, the Coast Guard uh for the um the great job they did with the boat fires that we had
uh last week. So, I just wanted to recognize that. And with that, meeting ajourn. Thank you for coming. See you next month. Bye. Bye, Alex. I forgot.