--------- All right, good afternoon everyone. It's 3 o'clock. Calling the meeting to order. >> Commissioner Styverson. >> Commissioner V um Lama >> here. >> Commissioner Joseph >> present. >> Vice Mayor Viscara >> here. Mayor >> Fetchin
>> here. M president. >> Great. Thank you. Right. >> Okay. special presentation. >> The first um item that we have is a special presentation and proclamation issued um on behalf of the
school resource officer. And I'll read the proclamation. It says, "Whereas the city of Sunny Al Beach is dedicated to making schools and children safer by providing the highest quality training to school-based law enforcement officers. And whereas school resource officers bridge gaps between
youth and law enforcement by providing informal counseling, education, and law enforcement roles to support the students and communities they serve. And whereas by training law enforcement officers to counsel, educate, and protect school communities, these men and women continuously lead by example,
and promote a positive image of law enforcement to school children and school communities. And whereas SRO programs across the globe are founded as a collaborative effort by police agencies, law enforcement officers, educators, students, parents, and
communities to create safe learning environments, providing valuable resources to school staff members, foster positive relationships with students, and develop strategies strategies to resolve problems that affect youth with the goal of protecting
all children so they can reach their fullest potential. And whereas school resource officers are valuable and essential members of the education community and deserve unwavering respect and support from the public of the pursuit of keeping schools and safe students.
Now whereas do I suspend as mayor and on behalf of the city commission of the city of sun beach hereby proclaim February 15th 2026 as school resource officers day. Unfortunately our SRO wasn't able to be here obviously because school is is out and in session right now. Um but this will be presented to
them um later this week. >> Okay. Wonderful. Thank you. >> Uh the next one is a proclamation issued for government communicators day and if we can have the SIB media team come up.
>> Who's going to read the proclamation? >> And I'll read the proclamation right. Proclamation reads, "Whereas the role of government communications professions is to inform, educate, and engage their communities. Whereas robust communication and government creates trust and inspires residents to take
action and be involved. And whereas government communications create relationships, calls to action, build awareness and understanding through storytelling, engage, and foster engagement on civic issues, and use all channels to include people in critical decisions. Whereas it is essential to
have strong communications in government because it is a foundational envelopment of living in a democracy where citizens have the freedom to make their voices heard. Whereas the city of Sunny Als Beach is proud and has a deep gratitude and recognition for government communicators professionalism,
dedication, hard work, commitment, enthusiasm and sacrifice. I whereas I suspend as mayor and on behalf of the city commission of the city of Sunny Alowl speech hereby proclaim February 20th 2026 as government communicators day. >> Okay. Wonderful. Thank you. Uh we're
going to take a picture. Who's going to take the picture if you guys are all right? Do you want us to come down or do you want us to stand behind here? Okay. Okay. Huh? >> Hold on. Hold on. Not yet.
I'm standing. >> Thank you. Congratulations. >> Good job. >> Okay. >> Okay. >> All right. Let me All right. Next item, please. Discussion items. >> Okay. Mayor, um, just before we continue, I failed to to mention what
were some of the changes to to the agenda. >> Okay. So we're adding on 3N which is an update on the IP pal agreements for discussion and then we are deferring 3J. >> 3J is deferred. All right. So 3N unless
I have any sort of uh anyone has an issue. We're going to do that one first since she's here. >> Yes. All right. So we'll um >> Yeah. So that way you don't have to wait and >> Thank you. >> Yes. Okay. >> All right. Let we're going to let him read it first and then
>> 3N is an update on the IP IPAL agreements. >> Great. >> Thank you. >> First of all, thank you everyone. Nice to see everyone officially a lot of you for the first time. So, hi. Um my name is Danny Bonini. I'm the executive
director for your IPAL Inter Coastal Police Athletic League. So, Commissioner Viscara, thank you for placing us on the agenda and for your support for this program. you have been championing this program from I think the first time I met you four years ago so it's been a
really long time coming. Uh this is a two city joint effort between Sunny Isles and the city of Aventura to create a youth center program that engages teens through educational athletic and recreational initiatives. We will be providing the following volleyball,
basketball, bo boxing and our mentorship program which is a which is committed to building trust and fostering mutual understanding among law enforcement community leaders and our youth while helping shape them into tomorrow's leaders. First of all, I have to say
that in the last two years specifically, we've been at this for three, but in the last two, I've had the immense pleasure to work with your staff. You guys have the most unbelievable staff. I just want you guys to know that and I hope that the residents of Sals know that they
have the most incredible people working for them. Everyone from the city manager to the attorneys to the assistant city manager who I've met with several times and and and parks and reccks and police and of course Chief Santiago. They're
amazing and they go above and beyond and they work after hours and they don't care. They're so passionate about everything they do and it's just been so great and I look forward to working with with all of you. But you guys have the best staff. I just have to say that. >> Thank you. Thank you. Okay, Commissioner
Visgar, do you have anything you wanted to add for the discussion? >> Uh, well, I >> Vice Mayor, sorry. >> Yeah, you demoted and you >> I am sorry. Vice Mayor, Vice Mayor, >> it's fine. Uh so yes it's this is this actually is something that started precoid and then obviously co derailed
everything and rep prioritized everything and um and I was thinking something small right and then when when we gave the direction and and chief Santiago came back with a a twocity um program that was much better and
bigger than anything I had imagined and so with the joint effort it really has come together. And originally, uh, like other uh, police athletic leagues, we intended for the programs to be free of charge, but we're actually charging, but just a little bit, and I was hoping that
you could speak to that because that that is a a difference from the original message. >> Yes. So, we this initiative was started with u the late Michael Stern. Um, so this is really his legacy and I'm just
here to make sure that it happens. H, and one of the reasons that he felt we needed to charge at least a minimal fee is because there needs to be buyin from the parents. It can't be like an afterchool program that's free for for them to just drop off their kids. We
wanted them to buy into what we are and what the initiative is, but also because we don't want to come back to the cities and ask for money. We want to be self-reliant and and be able to give the best we had a the best program in South Florida. That's really the goal eventually at some point. So,
>> how many kids are we is it open to what's the limit? >> So, each program has uh the capacity for volleyball and basketball is 35 right now. H for boxing it's 15. We have two classes, two different age ranges for 15 15 kids max. Hopefully next year we'll
have bigger when we have a bigger space. And the mentorship program is actually a component that's free and it has to it goes together with any any kid that wants to participate in the athletic portion of it comes to our mentorship program which is really big because
that's the initiative that's going to help them get to know themselves and get to be more involved with the community. >> And how much is the >> So $50 for boxing and 65 for volleyball and basketball. And it runs from March
until Mar from March until May. >> Oh, >> but the boxing is monthly. >> All of them is monthly. But yeah, it's it's but it it runs from March till May and then you have to resign again. We'll figure out the the schedule for the summer and then we'll figure out the schedule for
>> for the fall, but it it goes in that fall, spring, summer. >> So I I believe that for boxing and jiu-jitsu that that will take place in Aventura. >> Yes. Okay. And then the a uh basketball >> at the spot >> and they mix the kids mix together. >> Yes. >> Only and it's only for residents.
>> I know that that's been a big big push from both cities. It is only for residents. It's not not open to the outside. >> Perfect. >> And the other part of of paying a small fee because think about like >> $50 for twice a week for a month, >> right?
>> It's still very very very reasonable. Well, also because we want to make sure. So, because we are closing it to only residents, that hinders us a little bit with the grant with with going out for grants. Not to say that we won't be able to. I'm going to do my best to get them,
but it does hinder us by not having it open. So, because of that, we also felt that we needed to charge just a small fee, >> but also the the we're not relying on volunteer coach. >> No, we're not. We're paying so we uh we're paying the coaches for Sunny Isles
and we're paying we have actual actual police officers are teaching the the boxing/jujitsu in Aventura. >> Are you able to take donations? >> Um the community we will take we are a 501c3 so we will take donations but we don't want to be reliant on the cities. We want to be reliant on ourselves. So
that's why we're we're doing it the way we're doing it. >> And that'll be a separate push but yeah it it'll come. >> Okay. Yeah that's that's wonderful. I'll I'll make the first donation of $500. Ah, thank you so much. We'll reach out to you. >> And how many participants do you have currently? >> We're we just opened, so I think I don't
know how many. I have to ask Nick. He's because actually, just so you folks know, Sunny Isles is actually doing us the favor of having all the registration go through you guys. So, you guys are are doing all of that. So, I'll find out from Nick and I'll send an email let you guys know. >> Perfect. >> Amazing. >> So cool. Finally.
>> Finally. It took it took >> but it took four years but finally >> took some doing and it was this was independent like uh Mike Michael Stern was thinking for for Aventur. >> So when I met you uh you told me about it and you said I want to start
something like this because I come from Miami Beach pal and she said I would love to talk to you about this. I'm really interested. And then when I joined the police committee with Michael Stern he's like you know what I really think we can do this. I think that the kids really need this. And then all of a
sudden, he spoke to the chief. Our chief spoke to your chief and it just kind of got the ball rolling. In fact, we were supposed to be a three city. >> Yeah. But we don't talk about that. >> We don't talk about that. There's another city that was supposed to be part of it, but pulled out. So that's okay.
>> This is great. >> Okay. >> We're we're And we're Yeah, we're live. Registration is happening already. >> We are live. So, um, so you know, get the word out and and, uh, >> and I'll be back whenever you folks want me back to give you reports. >> Thank you.
>> Thank you so much. >> We appreciate you. Thank you. >> Thank you. >> Okay. >> Okay. Next item. >> Good job. >> Next item is 3A 2026 holiday lights decoration. >> Okay. This is a discussion item that um,
I had put on, but I'm sure everybody actually wants to talk about this. So, we've said we've discussed this a little bit jokingly in the past about how this is uh really one of the most important things to the residents, the the holiday lighting. And I figured that maybe this
year rather than wait until after the budget's already approved while it's still fresh in our minds, we could talk about what we considered work, didn't work, what we'd like to change to give the staff a little bit of direction when they're putting together the budget for the holiday uh lighting. because um the
feedback that I got was actually mixed from the residents, but overall it overwhelmingly people like loved it. They think that we are the the best lit city all around, but I wanted to hear what everyone else wants to >> um say and and you know, really it's
about how much we want to spend. So, who would like to start? Commissioner Joseph. >> Well, >> I know you have strong feelings about it. Well, everybody, I think has strong feelings. Oh, I think um our uh our decorations this year were really uh superb. Uh we still have to work with
FPL to get um on uh Sony Boulevard on the north side of um of Gateway those lights are still not working. Is that correct, Stan?
>> The holiday lights weren't working. >> No, we didn't have power. Is that correct? It's resolved >> on one side of gateway. >> It's resolved now. But we did have an issue. Yes. Briefly. >> Oh, great. So, now Okay. So, that's working now. Okay. Perfect. Yeah. So, uh
the only other issue we had was with the uh nativity scene. So, this coming year we're going to have full nativity scenes like other cities. >> Well, that's what I want to talk about is to make sure that we're in agreement. >> Yes, we've already sp I've spoken with
Stan about it. This year we because it was a spur of the moment, we had several residents um voice their concern that there was no nativity scene where other cities did have it. We were only able to obtain small ones. >> All right. So, you're in support of getting more?
>> Yes. Okay. Large larger nativity scenes. >> Okay. >> To uh mix with um the other uh symbols that we have. >> Anyone else about that or >> I completely disagree. >> Okay. So, >> okay.
>> Um, I I I also I had very strong feelings about the nativity scenes and but I I think um because we spoke about it and I believe it was a budget um I think it was a budget meeting and Commissioner Styn actually wrapped the nativity scene and and we said no. Uh
there's and you were on the phone so you were invisible. You were you were a voice in the room. >> You remember that? >> Oh, I was still there. you were there, but you were you were you were uh and uh >> so before we get to the N I don't think we should we talked about it in that
meeting there's case law about it and I think we've learned that just because other cities do it doesn't mean that it's legal or that it's right and I would like us to start making decisions first ask if it's legal and then have the conversation because if the answer is no conversation's over but when we
start asking questions like yeah but what's the consequence yeah but who will complain. Yeah, but who's going to notice? That's not the the right spirit of governance. Like we start by following the law and then we make decisions. And so the for me that was
that's not something I would have I didn't support it then and I'm not going to support it in the future >> because it's it's it's uh it's a constitutional issue and we we can't go into the whole lecture about it. Some symbols are okay, some symbols are not.
We don't get to decide what's okay. That's told to us by the Supreme Court. So, we need to follow that and other cities may may not and you know, no, nothing catches fire and nobody maybe it makes people happy, but as a matter of
governance, we need to start by following the law and I don't think we did that this year. >> Um, as far as I'm I'm speaking, Jerry, I'll let you speak when I'm done. Um, as a matter of please Jerry,
>> as a ma in terms of the lights, I I think what happened is we were trying to be in inclusive and sensitive and and wanting to make sure that the Jewish community felt included and seen and and
I think we did that. But as you may have gotten some emails and I've had other conversations, we we it's about the balance of interests and I think that in our effort well our well-intentioned efforts to make sure that we addressed
one part of the of the community. We we did it to the exclusion of others. And I know that because we got the emails and people felt left out. And this is where I have to give Commissioner Sarasant uh the credit because she she called it that meeting
which I think was a budget meeting and >> and it was like well know we'll see and and we did see and people didn't like it. Some people may have liked it but we can't have some people liking and other people hating because then what we end up doing is breeding resentment and then
we're working against the intention of all of this which is to make people feel included. So I think that we need to go back to the center and not just in terms of the lights but everything. So have have a let staff do the job and
have something like a formula right a manora for every Christmas tree for every Christmas ornament or whatever and everything else make it generic the things that everybody does. uh presents uh I you know as I drove through different cities you saw we may not like
it you know but what I will choose like snowflakes is a thing right that's not for any particular group reindeer uh ribbons you know those can be colorful they can be pretty but they're not feeling one group they're not making people feel like oh they are being seen
they are getting preferential treatment and what about us because that's the question that I was hearing what about us and so then we're not doing our up. So I think we need to come back to the center do things in a balanced way. We did we are we were not balancing the
interests properly and again with the best of intentions. So I think we need to come back to the center do things generically and with with respect to acknowledging the two big groups which is uh you know
Christmas and Hanukkah then we acknowledge those but we acknowledge them equally in one big event not multiple events because then well where is the church event where's no one event one big park lighting we light the manor excuse me we
like the monora we like the Christmas tree. We like the park. Everybody's welcome. And that's it. I think I think that's where we need to be because otherwise other members of the community, you know, they I'm telling you because
like they're they're they're getting they're feeling upset. They're feeling not seen >> and they're saying, "Well, where is ours?" And you guys know like my my analogy of the hammers, right? You don't hand out hammers. You don't then start, you know, with a kid running around in the playground with the
hammer. You don't balance it by giving out more hammers. You balance it by taking away the thing that's that's the disruptive thing. So, I think that our good intentions became disruptive. So, we need to um bring it back to the
center and and I would I would say if you want more lights or whatever, we can do that. We can talk about the budget, but we need to do it in a balanced way. >> Okay. >> And in an equal way. >> But just so that uh and and I do want to continue this kind of conversation, but
I also meant it also for the point of view of how much to spend. >> I have no idea. >> I mean like consistent with what we did this year. >> What's the number? >> I don't know the number. >> Okay. I don't know the number either. So it's hard to talk about. >> Whatever it is, it's going to be higher.
>> Okay. So this year we spent $279,180 >> and 27 >> 279 180 >> and this we have to go out to bid this year which is why we appreciate this conversation so we could have some direction as to what we want to do. Um
we can set a dollar figure but we still need to give them some design guidelines for their presentation. >> Okay. All right. Um who's who's next? Commissioner Stewen. So,
I spoke about this um I'm just coming out of a call, so I have a funny voice, but I spoke about this in the workshop of January 2025, in the commission meeting of of March 2025, in the workshop of April 2025, and
again in the workshop of July 2025. Every time I was told that no that we cannot make a nativity that we are not going to do an activity and uh everybody's happy uh the way we are
doing things and blah blah blah blah blah okay clearly it was not real we received the emails those emails apparently were sent the the previous year and we went out and got something to uh make certain group of our um
residents happy because those are influential people that they have money and they were um writing directly to part of the staff and we completely gaslighted and BS them telling them that
we didn't know about their requests or that the people felt left out when I say in those four meetings previously I went over and over and over and the commission voted against even during the budget. So
those are the transcripts out there. When I had the time, I'm going to give you the exact quotes of everybody. So yes, we knew about this and yes, the commission and sadly I'm part of it decided not to do anything about it
until like I said influential um residents voice their concerns. I'm sorry to repeat myself but then we BS them saying we didn't know. So well yes we knew and yes we decide not to do anything. Um
why would I repeat myself? You know when you go down the street on Cings Avenue you see the beautiful nativity that B Harbor is doing. We should we we want to always be better and have more than all our um neighboring communities and
residents and apparently we are in a constant uh competition with them. So yeah, ours should be better and bigger. >> Okay. So just so that we know you you're for an activity but also for consistent with how much we've spent this year for
the lights. >> But clearly I am always looking for money. That's why I voted against the budget for three times in a row. Okay. So, yeah, we we should be doing a better job finding better prices for what we are doing. $300,000 in the um just in
light is the budget the entire budget of small cities in this in this country. So, yeah, I think I think I think we need to be careful how we spend the money. >> Okay. Is that enough direction, Susan?
It would be great if we had a ballpark number so that when we go out to bid that's one of the questions that they always ask us is what we want that budget to be. >> All right. Commissioner Lamo and then we'll kind of get to that point so that we can go to the next item. >> Okay. So yeah, I think we need to be
able to represent um the the the bigger uh both of the bigger communities. We should represent uh Christmas and Hanukkah equally. Okay. And I think it all starts with the color palette. You know, when when you're driving down the
causeway or you're coming in from 163rd, all the palm trees are are are blue and white. I think that should be a mix. Okay. We should start looking at a 50/50 ratio where it is mixed better. The
color palette is used um smarter. Okay. Also, even like the Christmas decorations, they were they were silver. They were like they had this white tone to them. So, I think we should start integrating red and green into the
decorations. I didn't I hardly saw any red and green in the decorations. So, whoever comes in and bids and wins the bid when we go out there and we give them the RFP, we should be very clear on, you know, the design parameters.
Okay. Um, regarding the nativity scene, we could discuss. I don't know what symbols are okay. They're not okay. I believe the manora is okay. Right. The minor is okay. All right. So, the
nativity scene is not okay. Christmas tree is okay. >> Yes. Yes. City attorney. Um, a little bit delicate because we've already done it. Um I was not consulted this year with regards to the nativity scene. So I did not appine on that >> since we've already done it. I'm a
little reluctant to say publicly what is or is not permissible. But typically I can say manure >> clearly the holidays are surround ideologies right Christmas is obviously based on a religion and so is Hanukkah.
>> Yeah. uh Supreme Court has deemed certain symbols to be secular for the last I mean >> a Christmas tree is not necessarily religious right secular >> the manora is not considered religious >> okay >> nativity scenes have traditionally been just like a crucifix deemed religious
and a lot of the litigation a lot of the Supreme Court cases deal strictly with like the ten commandments with nativity scenes and with crucifixes um it's something we should discuss and you should consider correctly. As the vice mayor said, just because another
city does it doesn't necessarily mean it's it's okay. Um, but we can I I can address that individually with you all. I just I'm reluctant to say it publicly one way or the other because again, this is something we've already done. It's not something that's prospective necessarily. So, I wouldn't want to say
anything that would >> um put the city in a tough spot. But it there are con constitutional considerations. And then even beyond that, even if it becomes permissible, you may be opening a door you don't want to. And I'm not going to get I I can individually tell you what some of the
jurisdictions have dealt with and I don't want to say it publicly, but it's something you should be aware of because you don't want that door opening here as well. >> Yeah. So, so well, I think we could discuss off that we could discuss that offline. I think the the main idea is
that we need to obviously celebrate the holidays um and we need to be inclusive obviously you know we have a big big uh Jewish population here big Christian population but there's other populations as well so you know even if they're not
you know um big in size I think that when we put together something for the holidays I think it all stems from the the the the color palette and how we combine those colors. So, whoever comes in here and does the Christmas the
Christmas sorry the holiday decorations the holiday decorations um you know needs to keep that in mind and we need to be very clear in what what we want from them. >> All right. So, to give the >> and I like to see some mockups. I mean,
I know we saw mockups. Um, but I like to see maybe some sort of mockup where it could pro with AI and with all these technologies, maybe see some sort of mockup where it will actually take us, you know, through through the city um in some sort of
video fashion, you know, >> that's something that could be part of the RFP, Susan, >> or is that that they submit a mockup? >> Yes. >> All right. So, you need a dollar amount. >> Okay. One second. But if may I >> go ahead. >> Because actually we pay for the color
package. So we were supposed to have colorful gift and all of that and we didn't get them because the colors the the gift were outside my house in the inter coastal park and they were white. >> So that's what I say. And they give us a mockup. I remember clearly. And they
have like little gift boxes on top of each other which they were big of course. Um again they were supposed to be colorful. We pay extra for that. And we didn't get that. I'm telling you because that's outside my home. So I was seeing that every day when I was coming in and out. So my point is that um even
if we're getting that, we pay for it. We didn't get it. And uh and I I I cannot we should not be continue like uh extending the conversation that like I said we had in four different occasions last year and we having it again right
now and privately uh to the resident that they are clearly not watching these meetings. We are telling you yes we are doing anything and everything to make sure that your guys are going to be part of the conversation and that it's going to be inclusive and you are going to be represented. And right now here we are saying that we are not and that we need
more information. So we we we cannot go out and to bid without putting the nativity scene as part of it. What else do we need? And again if not then we are totally lying to the residents who receive those emails saying that oh yes we are doing it. So we can have it both
ways scene. I mean I I just me too. So let's Okay. So there is consensus. >> All right. Let's then um dollar amount. Can you What do you need from us? An actual like
250? I'm I'm okay with 250ish less than that. So, I mean, I don't want to do I don't want it to be obviously a lot, you know, less than last year, but to Commissioner Tuison's point, you know, if there's any way to find savings, um,
because what I'm what I was hearing is when I was when I was saying to residents, we have lots of Christmas trees. They're inside Pelican. They're inside Gateway. Their response was, well, I don't see those. I see what's on the street. I They, you know, they were like, I see what's on the street. I want
to see on the street more decorations. >> Yeah. But so if there's a way >> the colors need to be different too have silver and white. >> What I'm saying is the trees that we had inside like you know to vice mayor's point about commissioner requesting the
additional Christmas tree at uh Samson. Um the people at Winston Towers were very happy about that. The Jewish people actually. >> Yeah. But you know what? They were not happy about that little ball that was put also in Samsung Park with a nativity scene. That that was ridiculous. So that
>> I didn't see it, but my >> There was a little bowl with a nativity scene uh in Sansson Park >> because it was last minute thing this year. >> No, it was not. I've been saying since January last year. It was a decision
that was made with conscience not to add it. And when they again when our residents that they are um influent um start sending those emails that's when
we I'm going to say we as a body not me particularly go ahead and answer them back oh we didn't know about this we didn't know that you wanted to have it that's not true that's why I say why we are gaslighting the people because they are not paying attention and we cannot
continue doing that knowingly. >> All right. So, what what additional information do you need from uh Susan? You need an actual dollar amount. So, if I can get each one to kind of, you know, it was 279. Let's just say 280, >> right?
>> The same >> same vice mayor. I would be inclined to lower it. I would be inclined to lower it. Okay. So, um I would like to be lower. >> Lower. Okay. >> No, no more than $200,000. But I think that's a lot still
>> 200. Okay. >> Yeah. For a 1.5 square mile city and we own a lot of stuff, right? >> All right. Let's let's own anything. >> No, the the items that we owned are no longer they've extended their useful life. >> Yeah, >> but we did own stuff.
>> We did own um actually we do own some drreidles I think. >> Well, we should see an inventory we even before going out to beat or what is it that we have and what is how is being It's only the drreidles that we just purchased last year. Colin, is that
seven? >> We had the snowflakes as well. >> The snowflakes have we've repaired them already and they are no longer worth repairing. >> All right. >> Well, we need an inventory of that and how much we spend because then maybe it doesn't make any sense to buy them because I know about the gift that were
outside in coastal park because of the wind tunners over there. They were being replaced continuously and they've been destroyed. It does not pay to buy them. Correct. We also don't have storage. >> My point. So better maybe just not to buy them and to rent them because if
we're going to be buying them thinking that we're going to be using them for five, six or 10 years and they during the first year they get destroyed. So maybe we need to reconsider what we're doing. >> Yeah. So Commissioner Joseph. >> Yes. So we're going out for bidding to a
new company, right? >> We're going out to bid. The same company could bid for all we could bid. So yeah, I would say um around 250 or less. Let's have a 250 cap, but uh like um
Commissioner Lama was uh speaking, I'd like to see reds and greens this year. >> Okay. So, sorry. What we what happens is you usually have to get it for several years. And that's what happened with the with the blue and white. it. People
started conflating it with with the the pro-Israel sentiment, but really it was five years ago and we and we went with something wintry and then people started once once October 7th happened, people started seeing it as something else. So know that saying blue and green, I'm
sorry, blue and green. Let's do blue and green. Saying uh green and red for this year is um is probably not it. It's like it's going to be a multi-year. >> Well, yeah, multi-year. I meant multi-year. >> No, because the bid is anyway, what is it? A 5year bid or three years?
>> It's typically a two-year initial term with three one-year renewals for a total of five. >> Yeah. So, I didn't mean just this year. >> Okay. All right. Okay. So, I just want to recap. >> Yes. >> Because we have to formulate a bid. >> Um, our budget will be between 200 and
250. >> Um, the priority is what's visible from Collins Avenue. So currently we're doing five or six parks worth. We will likely have to scale that back. So can I get a
sentiment that we're looking to only do perhaps the larger parks heritage along Collins Samson and Gateway? Um as a priority. Um something's going to have to give because if what was 280
and we want to go down, I just want to know where the focus is. And then as um Commissioner Llama said, you know, equal. So if I have five Christmas trees, I have five manoras, >> right? If there could be as as far as I'm concerned some sort of formula like
to vice mayor's point of you know this that um I don't know what that formula looks like if if it's number or size or you know square footage or whatever it is. But for me personally, whatever has the most visibility and has the most,
you know, uh, traffic, right? Like, so for instance, Samson for me and town center would probably um have to be really something that we >> consider the the focal point. >> Okay. And what about interior? Because
currently they do gateway inside the lobbies of Gateway, Pelican, Government Center. I don't know what that what is the percentage of the budget is that you know >> it's not huge but it is a part of it. So when something has to give I just want
to be able to give a framework of what the priorities are. >> Go ahead. >> Why don't we keep the budget the same? I mean it's it's the holidays. I mean we're going to be saving what $30,000 $40,000. I know I know we need
to, you know, be mindful, but >> I think the more the message is to to really just look at it in in in with a closer eye. That's what it is. >> Also, what's the point of having a white Christmas tree in city hall? >> It's just like it defeat the purpose.
>> The what? I'm sorry. >> A white Christmas tree in city hall. >> I have a Christmas tree on you. We can >> I think look uh deputy manager I think that if if we can just make it very clear to whomever is bidding that we are
trying to tighten our belt and we want to make sure that we're getting the biggest bang for our buck. Um and you know you do the magic. >> I don't even think it's necessary to say that. I think it's just a matter of the negotiating. >> I understand that. But >> I mean that's not what we're talking
about here is not how you negotiate anything. That's not what I mean. I'm talking about the fact that that to to Commissioner Lama's point about it's the holidays. We want to be able to to make it as festive as possible, but I want to make sure that everyone else is heard as well. That we don't want to, you know,
this is not just a open checkbook. >> Yeah, I'm sure. If we have a 250,000 number, we're not going to go in and tell this company, well, let's start at 250 because, you know, it's going to they're going to drag us higher. So it it's just not the way it's done anyway.
>> That's assuming they're not discussing the meeting, right? >> Right. Okay. Um All right. All right. I think you have you know this is >> I do. Thank you. >> This is this is good. We This is the first time we're doing it like this. So hopefully it's going to have uh you know positive results. All right. The next
item. >> Next item is 3B discussion regarding parking licenses and fees. >> Okay. This is um my discussion item. Uh we've talked about this in the past on and off, but I wanted to bring it in front of the commission to get more
input from everybody. Uh there's a few things that I personally would like to discuss, but then you all obviously are free to add in your items. One is the the the cost that we are charging for the various um parking lots. Uh, I know
that we talked in the past about uh making the uh rates a little bit higher so they be more consistent with what Miami Beach is doing in places where we have more visitors rather than residents. We talked about residents um having a much lower fee. I think at one point we actually even said that perhaps
they don't even pay for parking. What I'd like is an inventory of of what we have, how much we're making. It's you know the real estate is expensive. So, I want to make sure that we're making as much as we can on on those parking fees.
And then the other uh item was for the uh I don't know if it's park mobile, what what do we use? Park pay by phone. >> Pay by phone. Uh apparently currently in various areas there is not an option to add minutes. You have to add either like
an hour or two hours. So, I don't know how those apps work. I think ours may be an increment of 15 minutes, but I will check >> if we can please just to make it, you know, um, >> and are you looking to have it be by a
10 15 minute or are you looking for a half hour hour type of >> 15 minutes I think is reasonable. I know that they all have reminders, but um, if it's it's an app, so it shouldn't cost anything to to add that on there. Uh but
really about like how much we're charging for uh long-term parking. The the deals that we have with the various buildings. Um this is probably one of the biggest conversations that we have on a regular basis with various buildings is that they don't have enough parking and that residents don't have
enough parking. No one has enough parking. But I want to make sure that our residents, and I think I have consensus, but I'd like to hear from everybody that they either, you know, pay the lowest fees for their, you know, the street parking. Um, or I would love to see that, you know, residents don't
even pay parking at all as long as they have a decal. But what does everyone else think? >> Mr. Lama, >> I like the idea of residents not paying for parking and maybe increasing our rates for people that come from the outside. The
only thing though, my only question would be if you have residents that have like five cars, right, and they're using uh the the parking spaces to just basically park their cars, >> right, >> at those spaces that are free, you know, because there is some condominiums,
there's places where there is an issue with parking and I know that some residents pay the the sorry pay the monthly um rate that we we charge. Mhm. >> So, >> well, that's why I asked if we can get a
a report of, you know, how many people are buying monthly passes, how many buildings have um long-term contracts with us? How much money are we making? You know, for instance, at Gateway, when the elderly come for the events uh for for the Zumba or whatever, they're
paying for parking. Correct? >> No, I believe we give them a pass. So, if they register for the program, they're free for that period. >> So, that's good. Correct. >> So that's, you know, that's the kind of information I'd like to to have so that if you know um and then maybe we where
we can at because we did talk about adding pay by phone along the street on interior roads, >> right? We did talk about that. I remember, you know, that's a something that could be very useful if um if we
determine that it is a a good source of revenue, which I believe it is. But again, finding a way, and I know it's challenging, to give the benefit to our residents. But to a commissioner Lama's point, you have five cars, you're not using it to park your car, all five,
rather. >> Yeah. Yeah, the issue is that let's say you have five cars and then you have a a car that perhaps is they just have the decal and they just park their car there and they're taking up the space because they have so many cars. So I I think the
main point here is that there's no abuse to it, you know. So we got to be very careful. >> Okay. >> Yeah. I mean I like the idea. I mean, we're res the residents here, you know, we pay taxes, we live here, so we should have that, you know, free benefit for
sure. >> Um, but how do you feel about increasing the parking rates for like the beach access or the long-term parking? >> I'll have to see what the I I'll know what the rates are right now. The reason
I I even bring it up is that I was told that one of the condos, and I don't know if this is accurate, but it sounds about right, that if you want to uh add parking that it's upwards of $5,000 a month, >> we get an additional parking.
>> Yes. Yes. >> A month? >> Yes. >> No, that in my building. >> My point is is that are we try Well, not I'm not talking about your building. I'm not >> uh my point is that I'd like for us to really look at what we're charging in in
parking in parking fees. So that uh I'm not saying to bring it up to that. I'm not I'm not suggesting that. I'm just saying that we need to evaluate that it's a commodity at this point. So, >> I' I've always thought that the the um the spaces that we rent I believe to
hotels or like you know I I'm I would assume that the hotel is charging a parking fee. >> Right. >> Right. And it's probably a nice fee. >> Yeah. >> Right. So, um I think to for buildings I
understand if the garage is under construction, you know, I think that's different. But if if you built a building and you didn't plan properly and you don't have enough parking and you have to get it from us, why should we give it to you cheaply? >> Right. >> Right. So th that's where I would look
at at uh increasing fees. >> You're right. That's what I mean. Like for instance, I I know that >> not necessarily the person coming to go to the beach. >> No. Well, not necessarily. >> I think that that could be $20. I mean, depends. But but that as well because I can tell you like for instance, okay, so
the the valet parking, I don't know who's got deals with us. So if you go to some buildings and the valet parking is $30 $40, you know, a shot, how much are they paying us? >> Well, that's what I'm saying. >> Right. Exactly. I'm in agreement with you. >> So So if may I um
>> Yeah, go ahead. >> So we could request to everyone who has an agreement that we are um renting them space especially under the causeway. um request from them to give us a memo
uh letting us know if they are selling or renting in a monthly base to the residents and for how much. Then again if we are renting to five buildings or seven or 10 or one uh we will get from
them specifically what is it how they are managing those extra extra spaces either they're using it for their own valet and not charging other than whatever valet rate is or if they're renting for those big amounts to the
residents. So anyway we can finish that contract whenever we want. So they should be transparent about it. >> Okay. Commissioner Joseph. >> We always charge for parking. >> No, I think those are free. Whenever we have an event, it's suspended. It's event parking is free.
>> Yeah. >> Yeah. >> And we should also do it during elections. I I think we addressed that already, right? >> I think it's free during election. >> Well, some some campaign workers got tickets. >> Oh, a gateway. >> Yeah, I think so. >> Oh, yeah. Uh or maybe it wasn't election
day. Maybe it was like when they it was something where they were there working and I guess it got fixed but we should address that also. >> Um I had something else I wanted to I don't remember now. >> May I? >> Yes. Go ahead. >> Okay. So the rate for the parking lot
behind Walgreens is 450 per hour and for two hours is 850. >> Mhm. >> Okay. I mean, that's I think that's pretty high right now. I mean, I've gone and parked in for a lot of other cities and I don't think it's that expensive.
>> No, I think Miami Beach, you park Miami Beach for 2 minutes and it's $20. >> Yeah, I haven't been to Miami Beach in a while. >> I think it needs to be consistent with whatever >> like a pay by phone like a parking. I think it needs to be whatever I would say that whatever Miami Beach is doing >> is probably because we've become
especially you saw the report from Ibis you know if people are coming into our city and they're using our you know I know it's everybody's beach but we keep it beautiful and clean then you know they there there's a premium attached to it and that's why I'm saying for
residents if they're going to go park there to go to the beach it should be either free or heavily discounted uh but if you're visiting. I'm for flat fee so that you know you could have like a whatever whatever that is to for the beach.
>> Well, I I think we could discuss how far >> Well, that's what I'm saying. That's why I would like to get to get a report from the staff to give us a sense of how much we're actually making. So, in >> Sorry, it's interesting you said flat fee. Um, we can determine how much
turnover there is in a space and things like that. Sometimes you want more turnover in a space. So if that fee is not always the best way to go, but our our parking app can give us some statistics that I think would be helpful for all of you. So we'll get that to you >> and you could adjust that. >> Right. And that's
>> depending on festivities, holidays, etc. >> Right. >> What would you give the difference? >> No. Currently residents have to register and get like a code and it's through the pay by phone app. >> Correct.
Right. So they couldn't have it for five cards. It would be for one. >> Correct. We do. I believe our code limits it. >> Okay. >> Okay. Is that something that you can put together for next meeting? >> Yes, ma'am. >> Okay. All right. All right. Next item, please.
>> Next item is 3C, legislative priorities. >> That is vice mayor. >> That is me. Okay. So, um I'm gonna go a little slower this time. I know I hit you guys with a lot um because it was also like 10:45
and uh I was uh uh ready for bed basically. So we put up our legislative priorities are online. So I I if we can put them up for for a moment so you can see it. So this is our
updated website. We divided it so that 2026 is on top and then 2025 would be so we can always >> if I can just stop you. How do we get to that? >> So if I go on the website, how do I find that? >> You can Google Sunday out speech legislative advocacy and it'll take you
there. That's what I do, >> right? But that's cuz you know, but if I am just a lay person. >> So I told you what I do, >> right? >> Do you see it right there? It's allelative advocacy under elected officials. So go to city hall elected officials.
>> Thank you for that. >> Okay. >> Um Okay. So I just wanted to let you guys know it's up there. So, if you're communicating with legislators and you want you want to push for any of the things that we made a priority, you can just give them that link and say, "Look, here it is. Here's our resolution." You
don't need to be making attachments or anything like that. I shared this with the Florida Legal Cities and you know, they were they were happy with it. And then if you go to all the way to the bottom of the page, um there is a a sign up or a register button and uh that way
you can get updates um as as we update it. >> So with regards to what we Let's go back up to the 26 please. with regards to our um to our priorities.
Uh we have hold on I we have the um the this the SP 208 is the first one. Uh this one basically um is is problematic
for us and um it is now the Senate bill is now in rules and the House bill uh is in the state affairs committee. This one's problematic. It would impact the way that we um our structure for our for
our fees and uh it it's this one is a concern for us for our permit fees in particular. And so this hits us with money. The next one is the suits against government with which is sovereign immunity. Uh the Senate bill uh was
found favorable by its second committee. Um and now it's it's in um it's in rules and this is the one that before the session started it had already passed its three committees in the in the house. Um the Senate bill yeah vice
mayor. The Senate bill is the one with the um with the revisions that are more favorable to the municip I think. >> Okay. >> Uh but the House bill is the one that started with a with like a big head start. Uh and uh as of February 13th, uh
the Senate bill is is in the rules committee. >> Um and again, in this one, even though it it wouldn't be a a terrible thing for us, it's basically saying if you get sued, you would have to pay more money. And the bad thing about it is it also
says you for above the limits. So basically there's no limits. >> So we would end up paying more. Um with the local business tax um it's uh also basically would be
preventing us from um from having a um tax revenue for of the business tax which for Sunny Isles is about $300,000. So, this would be a $300,000 hit for us, which we can say, well, that's our Christmas lights, right? Or holiday
lights. >> Um, may >> may I say something to that? Um, so I was up in Tallahassee for with the floor of the League of Cities and spoke to a couple of our representatives and, >> you know, I got mixed emotions. some some representatives.
I I think the um the spirit of this is to kind of you know rein in some municipalities that do charge um businesses a lot of money and take advantage. So obviously this is not the case with us. So you know we were
talking and uh opposed to this and I just got the feeling that some legislators up there are in favor of it. So I don't know where it's going to go at this point. Um, so we'll see. I just wanted to >> I can tell you that the the Senate bill um passed its first committee, but it
hasn't had any movement since January 13th. >> I hope I hope. >> So, usually, you know, that's not a good sign. And then the House bill has had a lot of activity. >> Uh, and uh it was referred to appropriations. It's um it it passed actually on the 17th, the special order
calendar 8226. >> So that you know, but they're in balance and that's what I'm seeing in this session. It's like the House is moving stuff, but then the Senate isn't, and then the Senate is moving things, and then they're they're not >> moving in. >> How many more weeks are there? >> H >> how many more weeks are there?
>> We're in week six. This ends um in early March, >> right? So, we almost out of time. Okay. >> Uh so, that's good for us if if they don't, but again, this would be a hit for us, right? Um then
>> they they're saying that we're probably can expect a special session. So we'll see especially with the property taxes. The the next one is the um the expenditure of public funds. This is the one where they're saying they don't want
um they don't want um municipalities and and counties to be able to hire lobbyists when they're in front of of uh of the legislature. the state legislature or any state agency. So, they're trying to cut money from you and then they don't want you to
have tools to be able to to defend yourself. So, this is also a a bad one for us. Uh and the House bill was found favorable by its first committee and it's been referred to to its second committee which is rules and ethics. And the good news here is that there's no
Senate companion bill. >> Okay. So I think given where we are hopefully I don't even know why it's in the second committee but I don't understand everything so we have to still watch it. Um then we have prohibited uses of public funds by
political subdivisions which is us. Um there's this is another one with no Senate companion bill but this is basically telling us like trying to control how we can spend our money or who we can donate to. um that no comp no Senate companion bill is good news and
it's also had no movement since January 13th. So I I don't think we need to worry about this one. But I also was super confident about the environmental one last year and it died. So take it with a grain of salt. Okay. >> Um then the community associations
management. This is one that we favor. Uh the Senate bill was found favorable in its first committee and it's now in its second committee which is uh the the judiciary and that's also February 12th. So it's had recent activity. >> What's is is there um uh cap on the
amount of units for the association? >> They as they have it on income on the on the income of the association of 500,000 >> the budget. >> Yeah. >> Okay. So 500,000 >> five if you make if you as an association manage 500 or more
>> which would be most of our buildings >> I would think so. >> Yeah. Okay. >> So uh the house bill passed all its committees uh so of February 12th uh which was the last activity uh and uh these bills are moving and they are
moving together unlike the other stuff. This this one is >> what's the the enforcement on that? So if that pass okay >> I don't know >> because this is going to affect every single building. >> Yeah. But but there most of our buildings have professional have associate have professionals managing
them anyway. >> Okay. >> Um >> okay. >> So then they're going to have to figure it out. >> And then we have the the naturebased one that that I I was so confident would pass and it did all six committees and then nothing happened. >> Uh so uh this one the Senate bill uh was
amended. It's now on special order calendar on 219. That's today. Um, so I don't I don't know if it already happened, but it's it's it's been unanimous just like last year on its three committees. And then uh the House bill was found favorable on two
committees and that's as of 217. So uh for these the resolutions were drafted. Oh no, I'm sorry. So that's that. Then we have the the property tax ones which is the uh house joint resolutions 2011 and 203. Uh 2011 is in
its third committee which is ways and means and that one is the one that says we're going to get rid of home homestead property tax like tomorrow, right? >> And then 203 is the one that says let's get rid of them over 10 years. Uh, and
that one um has its its three committees and today it's on special order calendar and I don't know what happened today because I haven't caught up to it. So, um, that's where we are. I will because we were just talking about parking and it's another bill that's that's been
coming up. I I'll um I'll bring up for to add it for the 6:30 uh the um I call it the parking bill. It's HP 323. And this is them wanting to ma to to manage our parking. And what they're saying is
um you need to give a two-hour grace period. So if the meter runs out, you can't ticket them for two hours. >> Mhm. >> So, you know, and if somebody parks on the street, uh you can't tow them for 12 hours. >> Okay. So, I don't know what problem
they're trying to solve, but um this is not good. The >> some legislator got towed. Somebody got a ticket. I guess they didn't like it. I don't know. Maybe they got towed from an arcade plaza, but and they didn't understand it wasn't us. >> Uh the good news on this is that there's
there's no um committee activity, but I wanted to bring it to your attention because they're trying to hit us from every angle, right? It's not just property tax, it's business tax. Oh, you make money on parking. Fine. Now you can't. Like they're they're they're Oh,
oh, you want a lobbyist to defend you? No, we don't want you to have that. They're they're coming at us from every angle, and we need to be uh conscious of that, not just during session, but also as we make decisions in our budget and everything else um to anticipate what we
may lose because some of these are not going to go anywhere, but they'll come back next year. >> Well, the parking one will have a major uh impact on our budget. >> It would, >> right? We we make uh uh we make I think if I remember correctly just the the uh the pier park,
>> right? >> Just that one makes like $300,000. >> Just that one. >> That's from years ago, I think. Yeah, I think it's probably more. >> It might be more now. >> So, so think about what all our collective parking is and not just parking, but then what we make in citations because when people over, you
know, overstay their their welcome, we know they get a ticket. So we make that and this would impact all of that. So I'll be bringing that forward. Um and um but I'm mostly bring it to your attention because I want you to
understand how we're being attacked at at every angle and that we need to um you know prepare for that. >> Okay. Thank you. >> That's that's it for the legislative. >> All right. >> Oh, and I'm sorry and the the 2011 and the the
not that one. Yeah, the um the cleanup ones, the the the SB180 cleanup bills that we deferred last time. Yes. >> Uh Allan gave us permission to that we can go forward with them. >> Okay. Thank you, Alan. >> All right. >> All right. All right. Next item is
yours. >> The remote voting. >> Vice Mayor remote voting. >> Oh, yeah. So, I'm going to keep bringing this every three months as long as you guys keep saying no because I feel that we keep having example after example of why it's a good
idea and eventually uh I'm hoping that uh that you guys uh come come to the dark side. Um but where we left off the the last time was figuring out well do other cities do it? I wasn't sure myself
if we were preempted by state law or you know what we wanted to have like a fuller conversation. So um we did look into it. Some cities uh indeed do do it. Give me let me get my legislative stuff out of the way.
>> Did we get I thought we had asked for a report from staff. Am I remembering it incorrectly to give us a sense of who else is doing it? >> Yes. and Marao told me and now I can't find my notes but um there are a couple of cities that that do do it and they
all do it differently. Some of them uh you have to give them you know tell them in advance like well in advance. Others you can just ask that day but you know you have to vote on it. Others don't do it at all. So we have like the full
spectrum, but we're not preempted um we're not preempted by by state law, you know, to do something like that. So I think that we should consider not a free-for-all um but anticipating what I keep saying
that life happens. Uh so so that we can have you know the the the full participation when you can't physically be here. And so my recommendation would be like allowing for like maybe one regularly scheduled meeting, but
sometimes we may have a special meeting and that you weren't counting on and you happen to be, you know, out of town, but there's an emergency happen. You have a special meeting and now you can't participate because you planned around what you knew and uh now you can't like participate in a in a special, you know,
in an important decision. So I think just building a little anything more than zero is a win here because right now we've been at zero. So um I think that we should implement a little flexibility because we never know. >> Okay.
>> Okay. >> All right. Let's hear from the the commission. Commissioner Joseph, what do you think about the one time suggestion? I'm still on the same path as I was previously that I don't believe that um
remote voting is a good idea for us. >> Okay, Commissioner Judison, >> I'm in favor of it. I think we should cap it off at two. Um there's always emergencies. Like for instance, right now I'm getting over a cold. Um I wish I could have, you know, voted from from my
house. I am fully aware informed of all the uh items on the agenda and um you know I don't see why we cannot vote remotely. I mean, so we could So, so I think the the the main issue here, at
least from what I perceive, is the abuse of of this, right? You just cap it off, you know, and and that's all you have to do. And we could either, let's say if we have a scheduled trip, we could either, you know, put some rules in place.
We could put some rules in place where we need to give staff, you know, some sort of um advanced uh warning or tell them heads up, you know, that give me sorry about that. That uh that we're going to be absent or in the case of,
you know, let's say you get sick, you know, you tell them, you know, a couple days before, a day before. >> So, >> but we should cap it off for sure. I I can argue both sides, but like for instance, today's meeting, you're
getting over a cold, Commissioner Stu's getting over a cold, you know, and then if one of another someone else was sick, we basically would just be potentially one person sitting here >> with everyone else on the phone. >> So, how does that work? >> Okay. Well, you put rules around that, too. That only
>> So, like only one person gets to be sick. >> Only one person. >> I'm playing it devil's advocate. Well, that's right. Only one person gets to participate. the other one gets to be sick, right? Then they don't participate at all and you can make first come first serve. >> Oh, >> right. But >> sillier. >> Come on.
>> No. Well, listen. I mean, you can make whatever you don't like that make a different rule. But I just think it's a it's a slippery slope when we start. I I I don't I'm not completely against it. I I I I think that there is emergencies that happen and where
especially if it's an important vote, you definitely want the full participation. But on the flip side, no matter how informed you are, being here physically does feel much different than being on the phone. >> And I'm never going to argue that. Of
course, it's better to be here in person. I'm not >> trying to convince you that being being remote is is just as good, right? I'm just saying sometimes I I if you're prepared, you can participate and you can still get the job done.
>> Maybe not in ideal way, >> but you can still get the job done. >> So, uh and obviously not for quasi judicial. This this would not apply for you. You you don't get to vote on quasi judicial >> but still like want to say something. Go ahead. If there is an item in the agenda
that is really important for somebody and I mean one of us and for whatever reason we cannot be present. I think that the best thing actually what I would do is that I will send a communication a memo through the city
cleric letting the rest of the commission know that I would like to really have the opportunity to participate in the cat feeding program program because it's really important for me but I cannot be in the meeting for whatever reason um and I will allow
I mean and I will probably ask for the commission to consider um deferring that item for the next month. So that way something that is really important for you, you can have the opportunity to participate and because it's true things
happen but regardless you know we are asked to be here once a month for 11 months that's really the minimum. Uh so putting rules and regulations and other rules of regulation that then they had the exception of the rule and the
regulation doesn't make any sense. you know if we cannot be here then you cannot vote and if it's important for you communicate through the proper channels uh with your colleagues and let them know that to give you the opportunity to participate
at least that's what I would do may I >> yeah go ahead >> yeah I mean I I understand we have to be here once a month for 11 months but you know emergencies are not scheduled around the schedule here or illnesses are not scheduled around our commission schedule So that's why I think it will
be a good idea to, you know, put in place where you could twice during the commission um schedule, you know, the 11 commission meeting schedule, you'll be able to vote remotely. I mean, I don't
see how this is that difficult. I mean like again going back to to my example, I wish I could have done this from from home via Zoom or via, you know, telephone, especially now now that we have, you
know, so many technologies eventually, you know, we could probably integrate whoever is absent physically, you know, through through some sort of video screen, so video call. So, I I think that we should be open to discussing
this further and um you know, getting with the times. >> Yeah. Know, I I'm I'm leaning on this side over here. Um because I I I keep thinking of where I had the the emergency situation where I was in the
emergency room. I would have very much liked to vote, but I know that I would have not been really paying attention because it would be impossible for me to do that. um it was just too loud and my head would not be there. But I would feel inclined that I I should vote and I
wanted to vote. I think that you you you can't have it both ways. >> I think there are instances where it's just an emergency and you can't attend. I mean there are things where >> you know but like I've said before in a situation where um I you know my flight
was cancelled >> and I intended to be here but my flight was canled and I won't be able to catch it till tomorrow. Well, I can still set up in my hotel room and participate >> and and with the same preparation that I had um you know when I was going to show
up, right? Um so, and there are things where you're just not going to do it. You're going to say, "I'm not going to make it." And if you're in in that sort of state of mind like you're saying, that's one where you just don't participate. But with that same logic, if we said that we are not going to allow more than two people to be sick at
the same time, if I was already sick and then you lose your flight, still you cannot participate. Correct. Because I'll be the one excused because I'm sick. Like right now I'm sick and I'm here and I would rather be home in my pajamas. But I cannot because this is
important. So that's even to the point if you miss your flight and I'm still sick, you won't be able to participate. Correct. But the chances of two people being having an emergency at the same time is is less, right? It's that's unlikely. I don't think we've ever had
that. >> I just I think it's a slippery slope and I think that it it it relies very heavily on people being also honest, which I think that we hear we've talked about this a lot and I feel very very confident that all of us take this very seriously. Uh and I'm not suggesting
that future I'm not suggesting that future commissions will be less honest. I just think that once you start going towards that direction, then all of a sudden the whole thing becomes virtual. Um, so I'm not in support of it, but bring it back. >> Well, we'll we'll talk about it in three
months. >> I'll bring it back. >> Thank you. >> So, >> okay. >> Next. >> So, you have two more rounds. >> Next. I >> bring it back. >> Next. Um, >> next you're on a roll. >> Three discussion regarding the physibility of bow walls. >> Okay. So when when I went to this I had
on last month and um and I deferred it because we had a long agenda and >> uh so this is a um um an item of of an environmental item that uh addresses it's they're called
living seaw walls or bow walls. There's different uh words for it and there's different kinds. So I know that we had like like u like some visuals that can come up and basically it's it but it's not so I had asked whether it was feasible for us to use it like this one
I believe is the um these are the tiles. So FIU is is making these are the the tiles that they put on healthy on you know strong sound uh walls and they have different shapes and they basically then
um invite algae which invites little fish which invites little oysters or whatever. So you have you know all this biodiversity and then they it cleans the water. Then you have the birds that show up and they eat the little fish and there, you know, so you're you're
creating uh a a artificial reef basically on the seaw walls which um help clean the water and also help with the damage to the wall behind >> these actual seaw walls that are even there. >> Okay. And that's the other one which I have a sec and then there's there's this there's a company and these are two
local projects, one from FIU and one from a local company and and that's the the video. Okay. like so. Um, and they're just like these really big slabs that are shaped like uh mangrove roots. >> Mhm. >> And they're put in in like really big
slabs and it serves the same function, but it you're not just putting it on the wall. You're just basically putting it in front of the wall. It's its own separate wall. And I think >> setting cement with a 32% lower footprint than traditional Portland cement. These materials are non-
metallic making them non-toxic. And unlike the century old flat seaw walls that destroy marine habitats, these become living artificial reefs. >> The idea is to attract native species, create caves for them to hide from predators, and essentially transform
this infrastructure product into something that's now also functions like an artificial reef. >> As the sea life deposit their skeletons and shells, they sequester carbon through bioalcification, about 40 pounds of carbon per panel per year. Right. So each slab is like a tree
basically they say. >> So um yeah I didn't want to play the whole thing. I just wanted you to see it. Right. And then they they slide them in in front of the walls. Um and not so I wanted the the staff to explore it's the feasibility of use in in our city because it doesn't mean that uh it's
it'll be a good fit. I know it's being used in Dia and Coral Gables and city of Miami. Um but also it may be useful for let's say a Winston Towers or houses that that are on the water. >> Uh and the city what the cities are doing and the county is also doing is uh
creating incentives through permits. >> So that's the other part that I would like the the the city to explore. I love it. >> So if if we can't use it, let's say inter coastal park apparently what >> where do we have seaw walls?
uh inter coastal park and uh Bella Vista Bay Park, >> right? >> That's it. >> That is city- owned property. Yes. Where but we but we're under the Lewin Leman. That's not our responsibility. That's FDOT. Okay. >> Okay.
>> So though in those two areas that you mentioned, we have new seaw walls. Correct. >> Yes, sir. >> Yeah. >> Um so this is >> we already went out to bid for Bella Vista Bay. >> Yeah. >> And that project is just waiting for their permit. Right. So this
>> this uh living seaw wall is more viable for new seaw walls. I don't know >> because we have so many in this city and I can tell you we have so many aging seaw walls that require inspection that uh the city
stand right we have so many seaw walls that the city either doesn't have um the right to inspect or uh we're just not inspecting. >> What What's the What kind of incentives are there, Vice Mayor? Well, the um the
the 3D printing that they do and the material that they use is is not like your traditional cement. It's different. So, they can uh um generate >> No, no, no. I mean, what kind of incentives are the cities? >> I'm getting to it. And so they're they're so that's part of the incentive is that you can the projects can move
faster because the the product can be ready faster and the and and they I I believe D uh waves some some fees or some permits or so they streamline it. They're trying to make it enticing for
you to to to use something like that. not a particular company or a particular product, but that kind of idea because it's environmentally beneficial. And I I don't I don't have the details, but that's why I'm asking the the the city to um to look into it and what that
might look like for us. >> I think it's a great idea. I think it's it's a twofer your your item as well. Uh anyone else? What do you all think? I'm I'm just thinking that um unless you have a brand
new seaw wall, it's not feasible. >> Well, we'll see. I don't know. I don't know the answer. >> I know I know that. I happen to know that answer. >> Okay, Commissioner Lama. >> Yeah, I'm for it. Um I mean, we we'll have to look at the uh
condition of the seaw walls. I mean, there there's a present issue right now at the Winston Towers 300. >> Yeah, >> there's like a owner that's MIA. So there there's other things but yeah I mean I I like this um let's say granted there's no issues I think we could move
forward or at least for the seaw wall portions of the city that we control as a as a municipality >> I think because I have I don't know what sort of restrictions or what sort of issues people have and what kind of incentives can be created. So if you want to build a sea, well, how difficult
is it? How long does it take versus this, you know? So I'm for the staff looking into this and letting us know how we could look, anything that makes homeowners lives easier. And I know that Winston Towers in particular has a very big challenge ahead of them, not just 300, you know, the all of those
buildings that have seaw walls. Whatever we can do to to help them, I I would be 100% in support. Yeah. Um, Commissioner Stew. >> Okay. >> So, so Jennifer, how how does this work? Who
who do we contact? I mean, what are the next steps? >> The the next steps is directing staff to explore the feasibility for us. >> Okay. >> And then they'll, you know, they'll they'll tell us, you know, I don't I I don't have the >> But who who do they have to talk to? Do they have to talk to
>> FIU? They they they um there's not just the the particular companies, but I I've been talking to other cities like into the city of Miami who have their resilience department and >> uh this is I learned this at the um best practices.
>> Weren't you in there with me that maybe you had left? >> Um but yeah, that's um >> could we get a report for next commission meeting, please? Is that possible? >> Yes. Just understand that the permitting for that is through the county. >> Well, just give us a sense of what the process is. So, we
>> Yes. >> So, this is basically no different than pvious concrete where you have to go to the county as well. >> Um, permitting related to anything that basically goes into the ground is going to have to go to the county.
>> Yeah. So, if the city wanted to start using pvious concrete for sidewalk replacements, that would have to go through the county. Correct. That's what I was told. >> That's correct. Yeah. You have to go to on the previous concrete, you have to go
to through the county, >> right? >> Okay. Next item. >> Next item is 3F. However, that's been deferred at the request of Commissioner Joseph. >> Okay. Next item. 3G is a discussion
regarding Jewish solidarity day. >> Right. So, I just wanted to um I I already had a discussion with Stan, but I just want to make sure that it's on the calendar for May 3rd. >> Yes. Thank you.
>> All right. Next item. >> 3H is a discussion regarding city ordinance enforcement. >> Yes. Okay. So, >> one second. It's almost 4:30. I know we have two people that are sick. We're okay to keep going. Commissioner Llama, Commissioner Sten, >> I'm good. >> Yes. Okay. Go ahead, please.
>> I know that every commissioner and mayor, vice mayor has a peeve regarding one city ordinance that is not enforced to the fullest. And we have I I get complaints every
week uh regarding dogs on the beach. Uh poops in poop in the parks. Um uh parking that's not enforced or enforced too well. Um so I'm just I I
put this on the agenda to just have a discussion regarding what ordinances could be enforced better. Okay. >> Wait, give us more information. So, do you want a report of how much
>> how many uh uh violations we have? >> No, I >> Do you have like quantitive data is my question? >> Yeah, I have I have uh been reported I've I've had it been reported to me regarding dogs on the beach that are not being
>> that one for sure. >> Okay. we have a lot of um codes that are not being enforced or that uh we get visitors and you know it's a joke some of our ordinances and all that are not
enforced and we ask people to abide by them and then there's no enforcement. So, and I'm sure I'm not the only one. Other commissioners also have ordinances that maybe they think aren't being force enforced at all. Not enforced at all or
not enforced correctly. >> Okay. >> So that's what I'm trying to have this discussion. >> All right. With everyone. >> Anybody want to bring something up? >> Like the smoking on the restaurants. >> Yeah. Smoking in the restaurants. this uh the state has um a law which they
don't have any uh manpower to enforce where um if you have an overhang and you have a building um so the opening if the opening is less than 50% there's no smoking but it's not
enforced by the state all of the restaurants that are at um RK Plaza should not have smoking allowed because of um that that that state law, the 50% law.
>> Okay. >> But I'm sure there are others that other commissioners also um would like to see enforce better, other ordinances. >> I mean, >> fireworks. I I mean, the other night I heard fireworks um blasting.
I don't know where it was coming from, but it was certainly in the city. And I know uh there must not have been a permit. Have there been any uh recent uh fireworks permits that we issued in the past week that we know of?
>> I would have to go back and look. >> Yeah. So, you know, a lot of our ordinances are taken as a joke. >> Well, I don't know if I agree that a lot of our ordinances are a joke. I I agree that we can do better with the um the beach. I just don't know what that means
for us as far as the the budget and and you know, does that mean we hire a code person specifically for the beach? You know, what is it that we feel strongly about? Um, so Commissioner Lama, did you have anything that you >> Yeah, I mean something I brought up in
the last commission meeting is uh keeping our beaches clean and I think some of the perpetr per perpetrators are the buildings that are on the uh on the sand, you know, h have them, you know, hold them accountable. >> We're doing their job. also the um setup
of the uh the beach lawns, the lawn chairs so that we need to be care we we need to always be on top of these uh let's say buildings right so they don't uh they don't go um over their uh
parameters let's say that we set for them and um dogs uh I get complaints about dogs all the time Um, so I I don't know with dogs. I mean, how can you I know that's, you know, we do
stop and tell people that have dogs in the beach that is is not allowed, but you know, h how do you monitor it? How do you enforce it? So, I think we need to have a discussion on having continuous monitoring because, you know, somebody with a dog or many people with
dogs are going to slip by and there's not going to be a an a police officer or code compliance officer. >> Well, then you have kids there >> going and playing on the same sand that the dog >> No, no, I understand. I'm I'm I'm for I'm for um you know, not having dogs on
on the beach. The thing is that we need to see how we could enforce it on a continuous basis. I think that's where the issue is, >> Alex. >> Uh yeah, >> about the dogs. Holy figured it out a long time ago. >> So we could maybe copy what they're
doing. We've been talking about that many times, you know. Do >> you know what they're doing? >> Yeah. Immediately when you are there, they give you a ticket. >> If and if you claim that it's a service dog, they have an answer for that, too. So I brought that up like you before I
was a commissioner many times. So we've been talking for about this for at least 10 years. >> So let's let's look into it. Let's uh let's uh absolutely read it and let's see if we could adopt it then. >> Absolutely. >> Well, your ordinance I think already takes care of that. It comes down to
enforcement. So you can I think right now we're issuing warnings, but you could stop issuing warnings. >> Let's let's raise the fines and um >> No, but but give the fine >> well give fines >> going back to the point where somebody would say this is an emotional support dog
>> or a a service dog >> from what I understand >> you cannot lie about >> once once they tell us that we we we cannot ask them for any documentation or certificates proving that >> right so there's no so incidentally you mentioned emotional uh
support dog there's no such thing that's recognized under the law actually those are not protected >> there's only two questions you can ask and they have to be whether they're trained for disability and what that training is. You can't ask what the disability is, but those are the two questions you can ask. Uh you're correct
though, they don't have to have documentation. The dogs don't have to be labeled. So from that perspective, it gets challenging to enforce. But obviously, >> even though they may be service dogs, you have to be able to control them.
>> They can't be allowed to defecate wherever they they want to. those things are still in play. So, if you have a code enforcement officer that witnesses a dog defecating, then you can ticket them for that. Uh regardless of whether, you know, the issue of whether they're supposed to be on the beach or not is a
different issue. Obviously, if they're not recognized ADA type dogs, um you know, they don't they can't be on the beach, but let's say for argument sake, they are allowed to be on the beach. uh because of the ADA uh they
still have to be able you still have to be able to control your dog, no defecation, those types of things. So those things are still enforceable. >> Yeah. But also I think it's a either misdemeanor or a felony to lie when they ask you if they are um
like a service animal or not because even outside the pediatrician or my kids there is it says there like if you lie and it says the statue I remember I took a picture I sent it to you guys long time ago I'm going to look for that again. >> Yeah the the problem is like with on the
you can't ask for documentation. That's the problem. And it makes no sense because federal law says, "Okay, these are the types of dogs that are permitted, >> but you can't ask for proof. So, it it makes it a little ridiculous." But,
>> and probably the people with dogs, most of them know this probably >> that there's a lot of Yes, >> there's a lot of them that know that. >> So, that's something for our legislative to-do list for next year. But but the you you could you could ticket them for
the behavior of the of the the dog. >> Correct. >> Yeah. He he he Yeah, you sent out. Yeah. >> The issue of whether the dog can be on the beach or the park is one thing. So let's say that they are a recognized they answer the questions correctly. The two questions you can ask, they answer
them correctly. Regardless of that, you still have to be able to control your dog. you you so if the dog is unruly let's say you're they're here at the government center it's a recognized exception they can be here but the dog is unruly keeps barking disrupting trying to attack people out regardless
of whether it's an ADA protected dog >> uh same thing as if it's >> going to the bathroom everywhere out regardless of whether they're an ADA request so for that behavior you can still enforce that >> right but the code enforcement u agent has to witness it or could someone
because look I Yes, they would have to with with >> I can tell you that this is the challenge possibility. This is the challenge that I've had and I uh should probably go to the beach more often, but I don't. And the the couple of times that I go, I'll witness a dog, I'll call
to see, you know, if somebody comes and then they don't come, you know, and so that's that's a challenge because if you go to the beach on a regular basis and you know that no one's going to come, it's very frustrating. So, >> I don't know what the answer is to that. I I I don't necessarily say we need to
add an additional person to the budget, but there has to be a better way to manage the the dog situation on the beach. >> I can tell you that in the south, um we have the issue with the dogs, but also we had the naked people coming now also
to our site. So you guys know um and the people that live in the buildings, they know exactly at what time the lifeguards are leaving and everybody's leaving >> and they come down exactly after when it's starting to get dark according to
to the time of the year. Uh and they get their dog um playdates. So there's several dogs there. They go inside the water include when when it's the the summer when it's hot enough. So it's just um
there is no respect for any rule or regulation that is on the south side like next to all over park and like I said and other people from all over is coming to our side including the naked people. So, if I can make a suggestion, could we could we make an attempt to
have code go out at this time at the very least >> um you know to to see what can be affected uh without waiting for someone to call, you know. >> Yes. Okay. I think I'd also like to start there >> answer Commissioner Joseph's question.
Yes. There was a permit a fireworks an approved fireworks permit for last Saturday. >> Saturday? I might have >> February 14th. Yes. >> Mhm. Mhm. >> Thank you. >> Okay. Uh next item.
>> Next item is 3 I discussion regarding building department inspections. >> No, we just didn't we just do that? >> Oh, >> well similar. Yeah. So, this is a similar discussion um where uh permits
are um delayed or they're taking longer than anticipated. So, I believe that uh is being corrected with our digital process that we're bringing in. >> Okay.
>> But I'm sure everyone's heard the same issues where, you know, it's taking longer than expected to um get an inspection. Um and we had this discussion as well. Um, actually that was at the agenda review where we're uh
working on bringing on uh new building department inspectors. >> Yeah, that should help. >> Yes. So that should help. Okay. Next item is 3K. >> You have something to say. No. >> Okay.
>> 3K regarding >> 3J. >> No, 3J was deferred. >> Deferred. >> Deferred. No 3K is a discussion regarding public parking signage. >> All right. >> This is um from the RK Plaza. They are
asking to if we can inform the people better about our public parkings. Um the I don't know Mara did you share the email uh with everybody the one that I got from Danny Cats? If not can you
please share with them? Okay. Um, so they continue having a lot of issues with their plazas. They had to spend a lot of money as well um in the plaza next to us because of the school parking. So what they are requesting is
for the city to do better um to have signs to let the people know about the the parking garages that we have as of right now and that those are the beach parkings and not so they don't go to their plaza and they don't need to be
the bad guys that then they're going to be having to tow the people. So they this apparently was discussed before. So if we can just again do better signage to for our garages.
>> I think that the challenge was before, correct me if I'm wrong, was uh we're limited as to how many signs we could have what is it called? S uh >> yeah, sign pollution. >> Sign pollution. Yeah, thank you. Uh what what is the process for adding because
they've brought this up a couple of times the uh RK what is the the the process for adding signs based on where they were proposing them. We have to have an FTOP permit. >> Okay. Cuz they want them like on the roadways. So, we it we did increase or
change out the signs that we have for public parking lots to make them more visible, but what they were looking for was additional like beach parking with an arrow saying like go that way like all throughout to to the different lots
that requires FDA. >> Does anything prevent RK from putting up better signs on their lots saying this is not a beach parking, we will tow you. I know they're there. I think I know we had this conversation before. Yeah, we did. We did. And and um and maybe I
think the answer was that that they were also limited in what they could do. But I I feel like this is an RK problem, not a city problem. >> The the limitations that we did discuss this before. It was a slightly different context because we were talking about
whether we could require better signage in the plazas because of people getting towed. those that signage is is regulated by the county as as well as towing and the fines and everything else to the extent that RK wants to on his own put additional signs not replace
those but additional signs that would indicate please don't park here you know this and that they're it's their private property they can do that they just are with regards to the towing aspect they have to follow uh county regulation >> so if they wanted to put additional
signs or even, you know, paint, you know, the front of the parking that says this is not beach parking. Whatever it is, they're basically free to do that. >> But that's actually not the point of his conversation. You know, they had done a lot of things and I'm not talking on
behalf of them. I'm not their spokesperson or anything like that, but they had incurring a lot of expenses when it comes for example to the school parking. They had to put a gate and and personal there, etc. The issue that now their summer is coming that they are
bringing for our discussion is specifically about our garages our park our parking garage nothing to do with their plazas you know that is the consequence that the people is going out there and parking because according to the email that I receive it is in their
view that our parking garages are not they don't have a good they don't have good signs letting the people know even what is the location of those are like for example um I know a lot of people that they don't know about the parking garage that is in front
under the causeway the first one which is like a in front of the um ocean too so many people don't even know that's a parking garage or the one that is very close to the um to the Marco Polo so what their request is about we
apparently are not doing such a good job letting the people know where they can park when they come to the city at Sunny Beach that is specifically nothing to do >> parking >> or whatever you want to do in sunny you want to walk around whatever you know but it's where the city's parkings are
nothing to do with their own plazas I know they do whatever they want with their plazas so that's why they asked us to have this discussion again and if we can consider just uh whatever is necessary and it's even good for the people to know where they can park when
they come to Sunny Al's beach that's I think they have probably have a bigger problem with the uh parents picking kids up from school, >> which is not part of the discussion. >> Yeah. I >> I don't know how many more signs we could put up. Uh but I think that also goes to the earlier discussion about our
parking in general, how how utilized are they? >> So, um so the one that you're referring to that's between the northbound southbound lanes is almost always full. people go in, have to circulate through and and go out. It's it's very often
full, especially during the daytime hours. >> But beach patrols that a lot of the people of the constructions are parking in there, >> right? So during the day, early morning, they're taken up pretty much all day from people going across the street to work in those buildings or to other >> precisely because even the beach people,
they don't even know that they can park in there, which is to their point, you know, like th those those garages or those available parking spaces. uh the people that is coming to Sunny uh to go to the beach or to bicycle around whatever they don't know where they are.
That is exactly the point and and I know those are usually being used by the workers because we have other parking issues with the buildings which are not part of the conversation. So my my my suggestion so to give us some um
alternative of doing better informing the people that is coming to something else where they can park that's I think is a very first simple study we don't I hope we don't need to get any outside review or and we don't need
somebody to come as a consultant to do that I think it's kind of simple uh to see what we can do better to inform the people because ours is very sad and I'm not in social media but they send it to me every time that they are like I don't
want to use a bad word so they're talking not good about coming to something else and getting your your cars tow >> so if we can do a little bit better if just informing the people that is the idea of the discussion and if something
can come back to us uh with a price tag or and maybe also like a mock or a or some kind of design or what is it that we can do that'll be that that's the point of the discussion. >> So we I will provide some information to you. Um when we were doing our garage
signs, we did get a denial from FOT for in a sign we wanted to put in advance >> to show that parking was coming up on Sunny Boulevard. >> We will look back into that and see if there's any other way for them to allow us to do that. Yeah. I I mean, but I
would also encourage the the plazas to to have signage there. They don't need the permission. So, it's a lot easier for them. You there's nobody nobody wants to get towed. So, if it's obvious that they're going to get towed, they will find other parking or they'll go someplace else. >> And there could be a sign on their
property that says public parking located at >> right blah blah blah >> or scan a QR code for a map to get you. on our city website. Do we have locations of our public parking? >> Yes sir, we do well indicated.
>> Yes, sir. We have a specific map just for parking. >> The most simple answer to that is especially for internationals, they're not going to come looking and reading everything in the plaza. If for people coming from other countries, you would not even think that if you park in front
of the beach in one of those apparently public plazas, your your car is going to be towed, you know. So that's what I say like if we are such a a diverse community and people is coming from everywhere and every time more people is
coming to the point they are not completely informed or well educated about uh what are the consequences hence I don't think anybody's parking there looking forward to have their automobile uh been towed and I see tailor those tow
trucks going with the cars you know so it's a public relations issue. >> Yeah. Well, yeah, I know. But people coming from other places just to consider doing something better. Um, >> and yeah, I would love to see also that F dot u uh denial. So maybe we can reach
out to them directly. >> Okay, next item. >> Next item is 3L discussion regarding history home. I I just wanted to have um some kind of um
um answer about what happened with the history hall because it's been it was removed like long time ago and still nothing there and it's supposed to be there by resolution. So as it is we're breaking that.
>> Okay. City manager. >> I actually what's the plan for city hall? I mean for city uh history hall >> be going back. >> We're in the process of digitizing the photos that were there. >> Okay. >> And the plan for the future is to have
uh multiple TV screens that will have a history and scroll through the photos as well as certain of the photos displayed. Right now it's displayed for our Sunny Al's beach or Sunnyal spaces art
contest. >> Mhm. But we had to take all of that down to renovate it, to upgrade it. We redid the carpet. We painted all of the walls to make it more appealing. So that work is done, but we're still in the process of digitizing the photos. >> When when were the art taken out? I
mean, where when it was over a year ago now? >> Yeah. The process for putting it together is involved to do it the right way. >> No, clearly. We want to make it more of just instead of flashing the photos of
the pictures, we want to establish a nice presentation to explain some of the history of the city. >> Okay. But who made that decision? Because that was never brought to us. We never voted on it. Never. It was never we were never considering it. So um
we were not part of that decision making. Uh hence we don't know what's going on. How would you like for it to be >> more transparent that if you guys are making >> It's transparent because we brought to you the renovations that we were going
to do on that floor. >> Okay. >> So, we did. >> Okay. >> And in order to upgrade the walls, we have to take the pictures down >> clearly. And to make it more presentable for the future, um, we're digitizing it
to make sure it's preserved, >> which is the decision decision making process. Like you guys are deciding that to make it more presentable because for example, I rather see the history, the paper, the newspaper, the the the pictures, the real pictures physically
than digitally. So we can add the digital component. It will be beautiful if we have a standing big screen where you can even like uh be part of it and decide what is it that you want to see something from 1997 or 2007 and you can
click and have it interactive. I think everybody's pro that. to making the decision that is going to be taken out, not bring it back, make it digital and take it from the residents when it was the way it was. That is a decision that
was make without consultation or even informing us. >> I don't think that's a policy. >> Yeah, it's not and it's not taking it from the residents. It's actually enhancing it and preserving it for the future, which I would think that would be something you would all would want.
Well, my my request will be to bring everything back in a better shape, form or format and add the digital component. >> What exactly do you want to bring back? >> Everything that was taken from the
walls. The walls are completely naked. >> No, I know. But we have so many things. How do we decide what to put up there? >> Okay. So bring it to us with some uh renderings or what is it that we can do it even through the years or something like that? >> I think that that's something that staff
needs to put together. We have literally probably what thousands how many pieces of of artifacts or or newspapers or we I can't even I can't even imagine some of the stuff up there. I didn't even understand why it was up there. It was like rubles or some and also the the
time capsule was open. So there are maybe like even new things that we want to put out there. My point is that that has to be done very fast because it's supposed to be there. We can I we can add the digital component and I think that's an amazing and good idea. We want
that there as well. But uh to have the physical pictures, newspapers, whatever like they can is is they can bring to us what is it that they're putting in there and that's at least to inform us to give us a presentation. This is what is going
to come back to the walls you know. Uh we don't have to decide yes this picture yes this picture no but I think uh uh we represent the people and that's the history of the city. So we should be at least be informed uh that that what is
coming back and when. >> Okay. So um Susan, could we get a a sense of please um at the next meeting if possible of what the timeline is and what the general idea is? >> Yes. >> Okay. And a general idea of how many
actual pieces? I know that that's hard to say. >> Thousands. I know. Okay. Is there a major cost to this as well that >> there is some cost and it was put in the budget? >> Okay. All right. Okay.
>> The next item >> and the last item that we have is 3M microtransit >> and this I brought it back before as well. Uh and is about some right share service like freebie. You know I continue having the same question from the residents that what is it that we
don't have freebie? they're in B Harbor, Aventura or so many of our surrounding cities. And I know we're going to be talking about budget next week and this is something I would like to bring next next week as well, but we're going to talk about a lot of things during the budget and usually um this gets vary
between the conversation. So uh my point will be to give the direction to continue to actually to bring back uh something for us to decide or to vote on having a service like freebie or something else. I'm not saying freebie
that's the one that comes to my mind but it can be anything any of those right shares. uh we had the budget for it many years ago uh for I think two years and um initially it was not implemented and I think that's a disservice to the people now when even the bright light is
open we should be able to have the opportunity to get get a freebie taking to take us to the bright line instead of bringing our cars in there it's so simple it's being expanded everywhere and we again like I said before we like to compete with all the other cities
here we are really lacking >> mayor Yes. >> May. >> Yeah. I think the main issue we're having, the misnomer of freebie is that it's not free. That's the first thing. >> Most importantly, it's not free. So, a lot of people think it is free. It's not
free. The second thing is based on our research from other cities, there's been issues with freebie. So, there's been long wait times. So, it's not the pianacea or the answer that I think everybody thinks that it is. So, as long as we go into that knowing there is a
substantial recurring cost to the budget and that there are a number of complaints with it that need to be worked out. >> Yeah, >> we can proceed with caution. >> Yeah. And thank you for that clarification. And also they have not only free but there are other companies
and they are bringing even different type of vehicles according to uh the needs of the city. They have like trolley, golf carts etc. So, uh, that is something that I think it will be very beneficial for our residents at least to
consider it, do it again. Um, it's true that is not free for the city. We are going to have to pay a fee from the service regardless. I remember when we were having this conversation a few years ago, they were giving us even like I believe it was like three months free. Um, completely free to for us to to test
the service to see if we like it. So, that is one of the companies. Um, I see it expanding in so many other municipalities right next to us. I think is we should at least consider it. >> We if I may. >> Yeah, please go ahead.
>> We um we did consider it though. Let's let's not pretend that we didn't like it. We had presentations. It just the the math wasn't there that So, we we did consider it. And I would ask because like I didn't know some of this information that that you're sharing now and your memo is completely blank like
it there's nothing that that we can prepare for. So I would ask if you would please none of your items had any information on them. Just if you could just give us some information in the future that we could look into like I didn't know it was a resolution for the history hall. So if you could give us
some information that we could go on we could have a better conversation. But I can tell you that um we did look into it and I remember like the the the pricing was really off. >> So I I just don't want to give the
impression that it was put it was we we we gave the direction and nothing was done. We gave the direction something was done and we turned it down. >> So it maybe worth reconsidering. I don't know. But I could have prepared for this a little bit better if you had put any
of that detail in your memo. But but it's interesting because um the pricing is so much for sunny hours when we are spending $300,000 in a barbecue party and $300,000 in winter lights and all of
the other municipalities around us that they don't have the financials that we have. They can afford it. I I I think is worth considering because before the mask was not off. It was what it was off was the willing of the commission and
the staff to make it happen. The money was there. We were having even uh free money coming from the state. I think it was $100,000 or so that they were going to be giving us for free the state of Florida to implement that kind of
program. So the mass is never being off. What is being off is the willing of this commission. >> Okay. >> Well, may may I say something? >> Please go So we we >> flying vehicles. >> Go ahead, Commissioner Lama. >> Commissioner Lama.
>> Yeah. So we we did have the transportation study, right? And uh we talked about the the buses we we already have and I think some of those routes were uh tweaked a little bit, right? We're looking to implement the new app.
Uh but obviously we're looking for ondemand transportation. this is what what freebie is and Uber. So I think at one point we had discussed or we we had conversations with with Uber. Is that correct? Um Stan or Susan,
we're looking at some sort of um working agreement or some sort of pricing model with with Uber. >> Um we looked at several options. One of the things that was discussed was um vouchers. Yes. >> Through Uber. So residents could use
that. rather than having dedicated vehicles to this area, um freebie or an ondemand service such as that would we would have to give up some bus routes. And so that's what it
ultimately came down to, the consistency um of moving a lot of people or adding more individual vehicles on the street to take people one or two at a time to different places. visitors more than
>> what the on demand transportation >> is through your mic. >> I I don't know about >> your mic's not on Jerry. I don't know about that because I I I do have some residents from you know different like Marian Towers and some other buildings that they have to go to their doctor obviously sometimes I mean
most of the times they have the transportation from their health insurance but they need to get somewhere on demand and um I would like to revisit the Uber option given that Uber has a
lot of more vehicles on the roads. I mean, it's pretty easy. I mean, it's it's like a like a like a voucher code that you uh put in into your your app. >> Well, we had that when the 100 wasn't uh running. >> But that's it. That's that's the issue, Alex, that we discussed about the
vouchers. We didn't do the vouchers. We had so many discussions, nothing happened. And and and I don't agree with the compromise that has to be either the bus route or the on demand. We can have both. you know, we we we can have continue the bust as we have it and add
that, you know, clearly financially we can do that for our people and and that's what I'm saying. It's just we look ridiculous when every city around us is doing it and we can continue talking and talking about this and we
don't when North Miami have it, North Miami Beach has it, B Harbor and Aventura, our surrounding all surrounding cities and they come in front of us. I mean I've been seeing them crossing through Sonia's beach. So what is it that um it's just open a lot
of conspiracies. What is that we are not doing? We're the only ones. >> May I? So I I I think that some of the points they raise are valid. I do have a friend that lives in Nentura and his son uses freebie and he tells me he's got to call the freebie two hours before. Mhm.
>> So I I think these are concerns that are valid and we just need to if we do want to move forward with ondemand transportation with right sharing then we'll have to I don't think freebie is
the answer to be honest with you because whatever >> people have complained to me about the weight times um people that I know so yeah we'll have to take a look at Uber or some other modes of transportation. that will fulfill that ondemand uh
request. >> Neat. >> Uh if it's if it means adding money to the budget, I'm I'm for it. >> I'm not for adding money to the budget. Um but I'm not opposed to anything if it makes sense. As long as
the return on the investment is there, then I'm in support of it. But >> but this is not an investment any return. But it is an investment because what we're doing is we're saying that if it is more important for us to spend money on individual rides versus
something else, it's an investment. We're moving money from one place to another. It's not unlimited. >> No, no, no. But I understand. But but the way the way I was thinking of doing it is that perhaps you you you do have vouchers and it's for people that apply for it. You give them a voucher code and
then it it depends obviously depends on the usage, right? So or maybe we could cap cap the the amount of money we give them for Uber. I I don't know. We'll have to discuss >> because you don't want residents abusing them. >> What's the difference between abuse and
use? You know, you could say that I have a need. >> Maybe you give me a voucher for, I don't know, um $100 a uh quarter or I'm just throwing a number out there. $100. >> We should explore 30,000 people. >> They need it. If they need it,
>> but how do you determine need? >> So, you're okay. Exploring. >> Explore it. We need to explore that >> because I could tell you right now that all the high school students will sign up for it. >> Oh, for sure. >> Absolutely. And I would be 100% in support of that. So, I don't have to drive them. But then, you know, we're paying for it.
>> But, but that that's that's why I'm bringing that concern up. I mean, we'll need to discuss it because if other cities are doing it, obviously, we want to do it right because I don't think, you know, NMBB and and the way Aventur is doing it perhaps is not the best way,
but they're offering something to their residents, right? Um, we may see complaints about it, but they still have freebies going around, so it's serving some sort of purpose. I think we have to be very careful how we spend taxpayer dollars.
>> No, I understand. That's why let's let's further discuss. >> It's for the Yeah, I'm not against discussing it, but I just >> This service will be for the taxpayers. So, let's keep that in mind. >> I I have a question because maybe I'm I think I might be combining things in my
head. Susan, when we um decided not to go with the ride share, um was that were we having that conversation the at the same time as our buses and then we decided to did we
invest more money into redoing our bus routes and all of that? >> So, we had done a survey. Um we got a lot of feedback especially from our elderly that they weren't they didn't like using the app. They didn't like
using VIA through Miami Day County. Um, but what they didn't like about our option was the buses were difficult to get in and out of. Um, it wasn't um routes weren't um efficient. They were
not always accurately on time based on traffic and things like that. So like long wait times between when the next bus would come. So through that survey and working with the county, we found a a better way to run our buses, purchase
but buses that have the ramp so it was easier for them to get in and upgrade the app. So you can actually put in a system where they will tell you when the bus is 5 minutes away. So you don't have to go downstairs and wait in the rain or the heat until until the bus, you know, waiting for a bus that might be running
late. Um, so we have all of those features. We actually have a meeting tomorrow on implementing the bus route changes and all of that will be launched very soon. Um, >> I have a question regarding that. >> At that meeting, can you please bring up about the buses that sit outside city
hall and they're running and spewing the fumes with the noise that the drivers can please? >> So, the meeting tomorrow is internal with city staff. It's not with the county, but we did address that. Myra took care of that with the county and I
went by twice last week in the evening and both times the bus was not on >> not running. >> Correct. >> Okay. Thank you. Um to finish that comment, um with
working with those route planners, the way our city is designed with Collins Avenue being this north south corridor and everything else being within walking distance, our CI CIT dollars are for first last mile and you know route
planners, transportation planners who know this better than us um you know their their recommendation is that we are best served through our shuttle bus system rather than these on demand to drive you a block or
two blocks >> because it wouldn't take you out of the city. >> We would determine that. But think about when everybody's complaints are long wait times. If you're going out of the city and you're sitting in traffic in Aventura or North Miami Beach or
anywhere else, I mean, think about, you know, as mayor said, if all the high school students, if we're paying for two vehicles, imagine how many times how long you're going to wait to go to ATM in that left
turn lane on Biscane, 163rd Street. You know, you're going to serve like five people, but we're going to we're going to be paying for that. Um and so that's where you know the costbenefit analysis was you know yes everybody has it and they
have more and you know freebie has a great business model because the more you offer it once you do it you're never taking it away because then you're taking a service away from them and so you just have everybody wants it the wait times you get the complaints I had
to wait an hour 40 minutes that's unreasonable So then we pay vehicles and then we pay to add more vehicles because more people are using it. So it's a long-term financial commitment that will only increase in the future and if
that's the direction of the commission we will gladly >> pursue that. >> But all that is hypothetical because like you said we are putting the boundaries. We are the ones deciding if we are going to go to ATM or not. We are deciding the one if we're going to go across the bridge to eastern shores or
not. That depends on whatever the agreement that we do. So we are going to decide from where to where and when and how many. So everything else and again if it's a free service and you wanted to take it just the lady that wants to go to the bingo and she has low mobility.
So the they they will consider the times that they they need it. So okay it last time it took one hour for it to get here. Okay, now I know that if I want to use it for free, it's going to be one hour. So everything else that we are talking about unless we implement it, we
try it and we see it is hypothetical. We are just making things from our head. Uh and I do have heard as well uh all these issues about um the waiting time etc. And that's why uh it's been uh very interesting to see the different vehicles that they are adding now. It's
not only for one person. on the out there having those kind of little small shuttles that I seeing in other municipalities. So my point with this conversation and I didn't want to make it so long is that things I've done in the past um most people know what is my
perception about when a consultant comes from Ohio to let us know what we are supposed to be doing here in Sunny Al Beach. So uh we again are here to represent the people. The people is asking for it. They are continuously
asking me the why and this is what I'm going to be telling them that the commission just doesn't want to do it. >> I think that that's it. >> Yeah. Yeah. >> All right. So, meeting adjourns. See you all at 6:30. Thank you. Part: 2
Yes, sir. >> All right. Good evening, everyone. It's 6:32. I know we still have a few people outside, but I'm going to ask everyone to please have a seat. We're calling the meeting to order. Mauricio, roll call. >> Commissioner Susant, >> here.
>> Commissioner Lama, >> here. >> Commissioner Joseph, >> present. Vice Mayor Viscara >> here. >> Mayor Fetchin >> here. >> All members present. Ma'am. >> All right. If I can get everyone to stand for the pledge of allegiance. Vitali, will you lead us in the pledge? >> Pledge allegiance.
>> To the flag of United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Please be seated. Father, welcome. We
have an invocation. >> Good evening everyone and thank you for the invitation. Father, son, spirit. Almighty and gracious God, we gather this day as servants of our community
seeking your wisdom and guidance. You are the source of all harmony and the father of every people and c culture. As we begin this meeting, we ask you to pour out your spirit of understanding upon our city and upon all who have been
entrusted with leadership. Look with kindness upon our community and our world where division, fear, and conflict too often overshadow hope. Free our hearts from prejudice, indifference,
and the temptation to see others as less deserving of dignity and respect. Help us to appreciate the rich diversity within our city. The many backgrounds, languages, and traditions that together
form a beautiful tapestry. May this diversity never be a cause for division, but a reminder of the shared humanity we hold in common. Guide our commissioners and all who
serve our residents. Inspire them to choose a path of dialogue, fairness, and mutual respect. Grant them clarity of mind, patience in deliberation, and courage to pursuit what promotes the
common good. Make us mindful that we are neighbors and fellow pilgrims, responsible for one another and for the future we shape together. May peace, cooperation, and goodwill
flourish in our city. And may the work we undertake today contribute to a more just and harmonious community. We ask all this in your holy name. Amen. >> Thank you, Father.
>> Thank you. >> Okay, we're going to do the uh approval of the minutes. This is for the January commission meeting. Okay, I need a motion. >> Second. >> I need a first. I'll make >> will make the first.
>> Thank you. All in favor? >> I >> Thank you. >> Okay, your opening statement, mayor. >> 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 the foundation of productive discussions. We ask that everyone remain silent and
attentive when someone is addressing the commission. Clapping, applauding, heckling, or any verbal outburst either in support or opposition of the speaker are strictly prohibited. Any individual wishing to address the commission must fill out a public speaker card and
submit it to the city clerk before the relevant item is announced. Each speaker is granted a maximum of three minutes. Should you exceed this time, the chair will notify you to conclude your remarks. Speak directly to the agenda's points. Remain concise and avoid
redundancy. Should an individual speak without the chair's permission or continue speaking after a warning, they may be escorted out of the chambers. It is essential to avoid making impertinent slanderous remarks or becoming boisterous while addressing the commission. Such behavior may lead to
being barred from future commission appearances unless the majority of the commission members present vote otherwise. The presiding officer may disallow signs or placards in the commission chamber. Please exit the chamber quietly and without disruption.
The goal of our meetings is to facilitate public input and participation. However, disruptive or disorderly conduct hinders our collective objective. Individuals who want to speak on an item on the agenda are asked to fill out a public speaker card and give
it to the city clerk before the item is called. Speakers are asked to speak to the issues, make comments concise and to the point, and refrain from making duplicate comments. All speakers will be limited to one threeminut comment per item. If you exceed the 3minut aotment,
the chair will advise you to finish your comment. If you speak out of turn without permission from the chair and or you do not cease speaking after one warning, you will be escorted out of chambers. In order to maintain orderly conduct and or proper decorum at these meetings,
anyone who interferes with the orderly process of the meetings after a warning may be removed from the meeting and may be barred from further appearance before the city commission as permitted in S286,0114, FS, and SS74-5
and 74-21 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 a 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. >> Good evening everyone. Um first of all, thank you for everyone that's here. Uh we as a commission certainly appreciate it when we have uh a lot of the public
come out. I just want to reiterate some of of what you just heard because we have so many people in the audience and I understand a lot of people are signed up to speak. Uh I I am going to be really strict with these rules. Please stick to three minutes. Uh we also have a court reporter who who needs to be
able to hear everyone. So please do not speak um at a turn. If you must have a private conversation, please take it outside. The acoustics here make it so that we hear everything here and it's very very distracting uh and disrespectful. So, please, if you need
to have a conversation, take it outside. I'm I'm limiting it to three minutes. Um, and I I just want to say I want to make sure everyone is heard. We appreciate you being here. I want to acknowledge some former elected officials in the audience. Uh, former mayor Dana Goldman is here. Uh, former
vice mayor I thought I saw Danny Glacius. Oh, there you are, sir. and uh former mayor Norman Edto, thank you for uh participating and being here. Okay, Mauricio, next item. >> So, we the first item is to address the order of business. Um sorry, may you
just give me one second, >> please go ahead. >> Okay, so we just have uh some minor changes to tonight's agenda. Um the following items have been revised. Uh to reflect that um the commissioner
Joseph has requested to be listed as a co-sponsor for resolution number 9, resolution number 9V as well. We also have an add-on for a proclamation issued in in honor of Black
History Month. And then we also have as a result of the 3:00 workshop an add-on to approve a resolution supporting some legislative bills. >> All right. I need a motion to approve the change to the agenda. >> Some I'll second it.
>> Okay. >> Thank you. So now it takes us to um the zoning section of our agenda. The first item is 5A. And before we do that, I just need to read introductory
statements. One second. >> Okay. >> Are we okay with seating back there? There's enough chairs. Okay, ladies and gentlemen, this evening's agenda has one new zoning application and one continued zoning application from last month's public
hearing. The city commission will be conducting public hearings to review and consider both these applications. In these matters, the city commission sits in a quasi judicial capacity. The city commission will hear testimony from city staff, the applicants, and members of the public. With regards to the
continued zoning application from last month's public hearing, the city attorney will provide further guidance and information regarding the procedures for the continuation of said public hearing prior to its commencement. All materials attached to the agenda are considered part of the record as well as
any additional documentary evidence that is introduced and accepted into the recorded into the recording during these hearings. If you intend to speak or provide testimony on a on any zoning application, you must be sworn in by the city clerk and should also fill out a
public speaker card and give it to the city clerk before the agenda is called. When you are called to speak, please state your name on the record, your address, and whether you've been sworn in. Please make your comments concisely. With regards to the new zoning
application, the procedure will be as follows. The city staff will present first. After city staff has made the presentations, the applicant will make their presentation in support of their application. Thereafter, the hearing will be open to members of the public to
speak in support of or against the pending application. City commission may set time limits for members of the public to speak. After members of the public, both staff and applicant may make additional statements, rebuttal, and the applicant
has the right to cross-examine any witness. Thereafter, the public hearing portion of the item will be closed and the commission will commence deliberations and make a decision on the application. Ultimately, the decision made by the city commission at the conclusion of each hearing must be based upon
competent substantial evidence which has been presented during the course of the hearings and must adhere to the essential requirements of the law. Competent suspension evidence is defined as evidence that is sufficiently relevant and material that a reasonable mind would accept it as adequate support
adequately support the conclusion reached and includes the documentary evidence in the record, city's staff report, comments or opinions of professional staff, fact-based comments of neighbors, residents, and lay persons and opinion testimony but only by
witnesses who are qualified as experts. Competent substantial evidence does not include conjecture, speculation, or generalized opinions or statements in support or in opposition to the matter. Attorney testimony is generally not competent substantial evidence unless the attorney has some expertise in a
relevant area. So any member of the commission has had any expert contacts or communications with the applicant or the applicant's representatives, received any expert opinions, or made any site visits. They must be disclosed and be part of the
record. Are there any disclosures by the commission? And please be specific. >> I've had discussions with Arthur Gallagher, with BH Group, and with the attorneys from Armani. >> Have you conducted any site visits to the >> No site visits?
>> Site visits. Okay. >> No site visits, but also had communications with them >> with our project. Yes, >> mayor. >> No site vis visits. I've had uh one conversation with Arthur Gallagher, >> vice mayor.
>> No site visits. I met with the applicant and I also spoke with um the attorney um Alexander Stman. >> I want to add no expert opinions. >> M. >> Well, whatever I we received through through you the the extra documents, but
that's it. >> But nothing directly from the applicant or the representatives. And I'm sorry, Commissioner Siosen and Commissioner Joseph, did you receive any expert opinions from the applicants? >> Not from the applicants. >> Not from the applicants. >> From any other party any expert opinions
>> from any other party? >> Yes, I did. From the Armani lawyer. >> From the Armani? >> Yes. >> Uh, Commissioner Joseph? >> Um, I had I had received a report from the Armani lawyer. >> Okay. Thank you. Commissioner Lama. >> Yes. spoke with the applicant and spoke
with the attorneys from uh Armani Kasa. No site visit. >> Thanks. Okay. So, now everyone that will be speaking um I'm going to do a a zoning preamble and you'll be sworn in. So, anyone that has submitted a public
speaker card, including the applicant and the representatives, anyone else, you're going to have to be sworn in before making any comments. So the zoning preamble reads, "In accordance with the LDRs of the city of Sunny Al's Beach, all items to be heard today have been legally advertised. 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. Everyone that submitted a public speaker card. Do you swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth. So help you God."
>> Thank you. Okay. So 5A is a zoning application submitted by MBRE Investments LLC. Um for for your benefit before I uh
modify the procedure slightly. Um for purposes of expert opinion disclosures, I just want to put on the record that you all received an email I believe yesterday with purported opinions. I'm not opining that it is in fact an expert opinion, but that's what it purported to
say. So, just for the record, you did receive that. Uh, >> okay. I didn't count that as an expert opinion, but All right, that's >> just for full disclosure, you you've been made aware of it. Uh, as you are aware, we had a quasi judicial hearing on this matter last month and it was
continued. So, this is not a denovo hearing. You already had public comment. You had deliberations. Um, so tonight again we'll go through the process where staff will tee it up for the lack of a better term. The
applicant may come up and offer rebuttal and whatever they want to say in regards to the application. Um, you can reopen even though it's been closed, you can reopen public comment. Uh, but it should be limited to uh the topics for which
that was the basis for the continuation that occurred. uh those topics it should be limited to those topics and anything else the applicant may provide with regards to any presentation they make this evening but it should be limited to that it's not a denovo hearing where
you're starting from scratch because you've already had a hearing this is just a continuation so it's limited in scope >> may one second because I feel like we have a lot more people here than we did last time so for clarification could you please clarify what those I what that is
>> well ultimately that you you're going to decide that but um from my recollection there was some indication that there needed to be some additional time was given for communication to occur between the applicant and some neighbors. Um I believe that one if not the primary
issue. So certainly comment can be taken on that. Uh again to the extent that applicant makes any presentation this evening uh that's fair game as well. Republic can speak on that. Vice Mayor, did you have a question? >> That was my question. >> Okay. All right. So, I'm going to allow public comment uh especially since
everyone already filled out their cards. Uh but uh please again, just a reminder if if you can uh to to stick to that topic with the understanding that there might be other things that come up and there's many of you. So, please if um if you're going to be repeating a comment,
I'd appreciate if you just make it more succinct. Okay. And I'm sorry, just the meeting with the neighbors and what was the second thing? >> Anything that they bring up, >> right? So, the applicant may whatever they're going to discuss this evening, it's fair game for for any additional comment from the public as well as
obviously yourselves. >> And I I'm just going to reiterate one more time that any private conversations I'm going to give you one warning and then I am going to ask you to step outside and please be respectful of everyone that's going to be up here. um just let everyone speak and no shouting
from from uh the audience. Thank you. Please go ahead. >> Okay. Good evening, mayor, vice mayor, and commissioners. Uh this is zoning application PZ 202508 for the site plan approval of the Miami Beach Club development project. As stated already, this is a continuation from the January
15th public hearing. And to date, the applicant has not submitted any new materials to the city and therefore the requests and staff analysis that were presented last month remain the same. I'm going to provide a brief presentation to serve as a refresher of the application requests to serve uh
your discussion this evening. The applicant is the owner of the property MBRE Investments LLC and the subject property is located at 1 19051 Collins Avenue. Uh the future land use category is mixeduse highdensity resort and the
zoning district is mixeduse resort. The property is 2.012 acres in size. The application before you includes seven requests. The first request is for site plan approval. The project is 62 stories tall and the applicant provided the FAA
determination of no hazard letter as well as the Miami date aviation department determination letter which establishes the allowable height for the project at 828 ft NAVD. These letters were attached to the staff report. The proposed project is 145 condominium
units or 72 dwelling units per acre. This is below the maximum number of units the property is eligible for based on its future land use category. On the lobby level, there is a private restaurant space intended for residents and their guests.
In total, the project has 524,212.8 ft of floor area, which is a 5.98 floor area ratio. This is the maximum F the property is eligible for with transferable development rights and development bonuses. The proposed density and intensity is
consistent with the future land use category of mixed use highdensity resort. There are no variance requests in this included in this site plan application. The second request is the purchase and assignment of TDRs. The applicant is requesting 120,972.18
square feet of floor area and 48 dwelling units from the city's public TDR bank. The third request is for a payment agreement in the form of a promisory note for the TDR purchase and the development bonuses. The fourth request is to defer the work of art requirements to after site plan
approval but prior to TCO. The fifth request is to use graphics and murals on a temporary construction fence. And the sixth request is regarding extensions of time to up to five years to obtain uh building permitting and five years from that to for completion
of the project. The final request is for a shared parking agreement between the residential condominium units and the private restaurant uses. Um this is the proposed site plan for reference during your discussion. Here you can see the 20 foot beach access at the north end of
the property and the 10,000 foot oceanfront park on the east side and the two driveway connections to Collins Avenue. That concludes my presentation and I will be available for questions. >> Thank you. >> Thank you. Are there any questions at the commission? All right.
Um Mauricio, just a technical question. If people are coming in late and are signing up to speak on this item, are you going to be swearing them in separately or Okay. Okay. So people, you you still have an opportunity to speak if you'd like to sign up. Okay. Are we getting any sort of uh presentation from
the applicant? No. >> Hi, >> good evening. My name is Tracy Slavvens. My address is 3800 Northeast 1st Avenue, Sweet 200 on behalf of MBRE Investments LLC. I'd like to defer any presentation or rebuttal till after the public
comment so that we only get up once and we can address any of the issues that are raised. if the the mayor agrees. >> All right. If you if you can just clarify for us because this is where we sort of left off the the ask was to meet with the the neighbors. Have has that happened?
>> Yes, we have met multiple times with the representatives of Armani Casa and we have met in person with the condo association for ocean 2 and met with their attorney as well. >> Okay. Thank you. All right. >> Very briefly, Jeffrey Bass is my name.
1515 Sunset Drive is my address. I'm co-consel with Miss Slavvens. Um, just on a procedural issue, we know you have a lot of speakers and we know the city attorney has limited the scope. I don't want to stand up and object. People are going to say whatever they're going to say. Um, but just for the smoothness of
the hearing, your honor, um, I'm not going to object speaker by speaker by speaker. We just want to preserve upfront the objection that comments outside the scope of tonight's hearing are fundamentally irrelevant. So, with that, you'll see us uh for a rebuttal after the public. >> I appreciate that and thank you.
>> And mayor, if I may add, uh Mr. Bass has also filed a uh and submitted a motion uh stating objections with regards to the submission you received by email yesterday as well as a motion to strike. My council to you is, you know, they obviously have made they're going to
make their uh objections uh uh on the record >> and uh not to strike the materials, >> right? Right. I I don't think that there's any reason to anybody that want >> but I just wanted you to be aware that that motion is pending. Yeah. >> Yeah. Okay. All right. Thank you. Um Mauricio.
>> Okay. The first speaker Joel Simon. >> Hi Joel. Your name and address for the record please. >> Hey there. Uh Joel Simon 18975 Collins Avenue. >> And you were sworn in? >> I was sworn in. Okay. I was well thanks
for seeing us again. Good to see you guys. Uh the main thing is everybody in Armanasa is not objecting with developing this property. We are all for it. They build beautiful buildings.
We looked at this the last time and I commented on how beautiful it's going to be. Our issues are more about what this city can actually handle as far as these developments are going up with regard to traffic, with regard to
first responders access, god forbid, if there is a natural disaster, how we're going to evacuate this slip of land that we have. The traffic situation that we have right now is absolutely unbearable. And I'm not even talking about the high season. I'm talking about any season. I don't
leave the building from 3:00 in the afternoon till 6:00 at night. 6 o'clock in the afternoon, rather. It's impossible. Can take 20 minutes to make a U-turn with all of these new buildings. And it's not exclusive to this development. It's a it's a
culmination of all these buildings that are going up. It's the St. Reges two towers. It's the Bentley. It's the open lots that are going to be developed. It's the Sahara, which is eventually going to be taken down. and another building is going to go up there. The
concerns are are real and other people can talk about the turtles and the shadows and all of that which is still relevant. I mean, we do deal with this turtle issue as a result of the fact that we can't even use our cabanas at night because of the lights from the camp cabanas being emanating. And now you're going to have this massive tower
and it's going to have lights up there and it's going to be shining down onto the beach at night. It's just a lot of inconsistency and a little a little bit of hypocrisy. I'm very good friends with the mayor of Golden Beach, Glenn Singer, who I uh spoke with about his situation with the
regalia. And initially, the regalia was supposed to be 62 floors and four units per floor. He fought that. He fought that to agree that there ended up being three developers. The first one went bankrupt, then there were two, and he was successful in taking it from 62 floors
to 42, one unit per floor. and his concerns are exactly similar to what I'm discussing right now. So again, we're not objecting to the development. We're objecting to the responsibility of the city to allow this development to take place with all of these other parameters that are happening. It's going to be too
much. We're destroying the city. It's not just the Sunny Isles people. It's everybody that travels through Sunny Isles. It's the Hallandale. It's Hollywood. It's B Harbor. It's it's Surfside. They're building the regalia the the Revage. It's beautiful. 25 floors at 4,000 a foot. I'm a
capitalist. I want them to make as much money as possible. It's going to help all of our property values. We need to be responsible. And I think the legacy of this council has got to keep Sunny Isles buoyant and make it a destination and save this beautiful piece of land that we have instead of making it a
parking lot. The businesses across the street, you can't even park in those parking lots as it is now. I know. I'm done. >> Thank you. >> Well, thank you. >> Thank you. Thank you. All right. Um, next speaker, if I could, uh, please, no clapping, please. Um, because I want to make sure everyone gets the their time.
So, please keep it to three minutes and and please stay try to stay on point as to what we're discussing here and not a repeat of the last um meeting. Mauricio, next speaker, >> Joe Lavine. Collins, I've been sworn in. >> Okay. We could just be close to the
microphone, please. >> Sorry. I'm respectful of the rules you laid out. So, I'm going to comment based upon the communications and the interactions we've had with the developers in the assignment you gave them and reflect on that in particular.
So, it's going to be pertinent. >> Um, my concerns last time remain. It's about safety. Safety for the people. As I pointed out, I'm a sudden death expert and the delays um in terms of emergency
vehicles will cost lives. Uh and second, safety of our building. Um and specifically, we were told not to worry about the drilling at that meeting. Uh but because the drilling techniques are new yet you all know that you've had damage in neighboring properties to
other projects that have gone on. Um I was at we wanted it we were asked whether or why this is now and not before and the answer is that just like in medicine uh which I practice uh the
rules change as more information becomes available. So the rules of what you approved back in 2014 15 16 may not necessarily apply for today. And then finally I am an environmentalist and I do think that turtles are important. that's part of your thing. That wasn't
brought up in that meeting. So, you can strike it if you like. I'm happy if you strike it. Um, I really am here to plead with you that your primary responsibility is to the citizens of Sunny Isles. It doesn't have to do with me. It doesn't have to do
with Joel. Doesn't have to do with the residents of the couple of buildings. Yes, we um know our rights. We know what the rules are with respect to sound ordinances. we know what they are with respect to vibration in the city of Miami Dade and basically the meeting
they ignored it all ignored it and they said we're going to do what we want and you'll hear more about it but the document they sent to us was an absolute insult to anybody's intelligence and you'll hear more about that later but what you're here today is really your responsibility is to Sunny Isles and you
have irrespective of what was written in the papers you have the absolute right not to reject development we're not asking you to reject development But we're asking you to do to take take a step back and do it the right way. And what I'm here to ask you to do is I'm pleading you. And I think it's your
responsibility. You need to commission independent reports, not reports delivered by us, not reports delivered by them. They're biased potentially or maybe they're not. You have a responsibility to get the reports to ensure safety in all the respects. safety of the buildings, safety of the
turtles, safety of of the emergency services, safety of the citizens should there be a natural disaster. And that is your responsibility. It's not to the developers and it's not to me. And that's what I'm here to plead with. And as I said, I would relate it to the to
the meetings we had with the developers, which so it's all on the record. Please. Thank you. >> Thank you. Next speaker, please. Mayor Zafrani. Good evening. My name is Mayor Saffrani and I am the president of the 18975
Collins Avenue condominium association also known as the residence by Armani Gaza. I was here in January and left that meeting feeling hopeful hopeful that there would be meaningful cooperation from the developer in protecting our building and more importantly our residents. Since the
last commission meeting where the project was discussed, the association met with the developer and its representative. We made our concerns clear, not vag not emotional, but specific details and grounded in expert review. In response, we received a
generic construct construction uh construction cooperation agreement. I did not meaningfully address the multitude of concern we raise. Instead, I asked the association to wave substantial right in exchange for minimal monitoring protections. We are
frankly insulted by the imbalance of that document. Our legal council spent considerable time carefully realigning and revising the proposal to make it fair and not one-sided, not punitive, not just just balanced. And then on the
eve of this hearing, we received a short of list, a shortage of bullet points in response. That is not meaningful negotiation. That is not good faith engagement. That is going through the motions and so that can stand before you say say and say. Discussion are ongoing.
Words without substant are just word. The this commission is being asked to approve the project of enormous scale on impact. At a minimum it warrants independent review not just reliance and consultant reports paid by the applicant. The association has retained
an expert someone who you have heard or you will hear from will demonstrate that the rosy picture presented by the developer in is incomplete and overly optimistic. That alone warrants caution. We respectively urge you take the time commission your own expert if necessary.
Do not rely solely on self studies prepared by the party seeking approval. And I will leave you with this question. Why are you afraid to vote now? Why you are you afraid to pause the process until there has been adequate meaningful
review? You owe that to every resident who came here tonight to oppose this site upon approval and the purchase of TDRs as presented. And you owe to the many resident of Son Sony Ice Beach who could not be here tonight but who will
leave with consequence of your decisions. The resident elected you to be their boss. Tonight is your opportunity to show them that you are listening. Vote no. Thank you. >> Thank you. Next speaker, please.
>> George Lawrence. >> Hi, I'm a resident of Ocean 2. Um, >> uh, your full name, please. And >> yes, George Lawrence. >> Thank you. and I reside at lower a lower penthouse in Ocean 2 and one of the original purchasers
and um I have great respect for George Perez. In fact, my family has owned in Ocean One, Ocean 2, Ocean Three, Ma one, Miami, and 500 Bickl. And it's and we
also appreciate the great cultural and uh philanthropic philanthropic contributions of the Paris. But um I wish to comment on the TDRs, the thing commonly known as air
rights. I was fortunate enough to get a scholarship to u architecture school at Cornell and I it was a five-year program. Then I moved to New York and there I went to night school at NYU and
became a lawyer. Also after that I worked for John Lindseay in the office of Midtown Planning where TDRs were invented. They were invented to save the theater district. There was a definite
benefit and there was a burden and this was a time when north of Time Square office developers had bought up the land and the theater district was threatened. There was no city involvement. These were all private
agreements, but it was strictly transfer. If you saved the theater, you would be able to add more floors to your office building. And there was definitely a benefit and burden concept. I am on a 40th floor of
Ocean 2 and I will be suffering the burden. The burden is less light, less air, and no view of dump founding bay. I can't see where the the benefit is. I'm
trying to find the benefit. I What amenity is being produced for this transfer of air rights? I mean, I know it's being transferred from the other side of Collins Avenue, but so what what's you're not preserving a theater
district. You're not doing anything. and and the city is involved. I've seen no economic calculations of how anything is derived. John Lindseay was a straight arrow. So they were scrupulous in doing the
development and getting the economics right. I don't see any of it here. This is like the sale of indulgences which created the pro Protestant re reformation. I mean, it's it's uh I can't I can't fathom it.
>> Thank you. >> Thank you, >> Mauricio. >> Mark and Tbby. >> Hi. Your name and address for the record, please. >> Good evening. Uh my name is Mark Antivi. Good evening, commissioners and mayor.
Uh my name is Mark Antibi. My family and I own three units in Ocean 2, 1911 Collins Avenue. I'm here to represent Ocean 2. Uh you know, we're immediately uh adjacent to this 65story building
that you're trying to uh to uh to build. We're not opposed to the development. We support responsible growth. What we're asking for are reasonable, modern safety protocols in proportion to the scale of this project.
The proposed tower is more than double double the height of mass of ocean 2 and it requires deep excavation pile installation and dewatering. Ocean 2 is a 20-year-old built under earlier codes
and soil assumptions. That combination, extreme height disparity and existing occupied building is where structural risk must be addressed before this construction begins. Monitoring alone
is not enough. Monitoring tells you when something is wrong. It does not stabilize a structure, protect the residents of our building, or fund emergency action. Financial security must exist in advance. In South
Florida, we have learned tragically that waiting until warning signs appear is not acceptable. The collapse of Champagne Tower South taught us that known risk must not be mitigated up front.
We're requesting four things, please. independent structural monitoring, clear stop work thresholds, full responsibility for damages, and a $50 million structural protection escrow fund to protect our building before this
excavation begins. We're very scared and nervous about the impacts of this building, cracks, dust, all these things that that that happen to our buildings. This is not punitive. It's not preventative. It does not stop
construction and it exceeds, excuse me, it ensures and precedes responsibility. Once excavation begins, there's no undue button. We respectfully ask the city to require these protections from the developers. So, so development and
resident safety must move forward together. Thank you. >> Thank you. Next speaker, please. >> Alex Alonzo. If I could just remind everyone to please speak to the um to what we're limited to, I'd appreciate that. Please,
your name and address for the record, Alex. >> Good evening, mayor and commissioners. My name is Alex Alonzo. The address is 4,000 Hollywood Boulevard, sweet 265 South. I'm here on behalf of 18975 Collins Avenue Condominium Association
Incorporated, also known as the Residences by Omani Casa. I wasn't at the last commission hearing. However, I did have the opportunity to review it from home. I must say I was surprised by a lot of the statements that I heard, most notably by some of the
commissioners expressing concern in terms of whether or not they even had the ability to oppose or vote against this. I tell you, you do have that ability. You have this thing known as discretion. Discretion is tempered by
reason. We have an expert that is here today to present competing evidence with respect to the traffic study, the parking study, and the maneuverability exhibits that you have received. You owe it to every single constituent, every resident of the city of Sunny Isles
Beach. not only those here, but those at home that were unable to be here to take this information into account, to allow those voices to be heard, to do your due diligence before you rubber stamp an approval. Make no mistake about it, if
you do not take the time to do that now, you will not have an adequate opportunity to address these issues moving forward. Echoed throughout the staff report that's been issued are these conditions. conditions ultimately kick the proverbial can down the road.
The time is here. Right now, while you are fully invested and imbued with the power to be commissioners, you have the ability to make those decisions. You want to talk about power, you have it. I don't. How do I know this? You've
literally limited me to speak for no more than three minutes. I have plenty of say, plenty to say, not a lot of time to say it. But what you need to understand is that the people in here, they have legitimate grievances and concerns. We now know things today that we did not know before. We know that
construction has adverse impacts on surrounding property. We owe it to every single current resident of Sunny Isles Beach that owns property that is concerned about the safety of their community to take these issues into consideration.
We have to do this. You must do this. Your discretion is vested within chapter 265. It gives you the ability to ultimately make affirmative findings that the project will not create adverse impacts, is combatible, protects public
health, safety, and welfare. We have an expert that will tell you there are legitimate concerns related to fire and life safety associated with the present plans that have been presented before you. There are too many questions that remain unanswered. You owe it to yourself to not only consider the
reports that we've provided, but even to obtain your own. There is due diligence to the extent you put trust in a party, you must verify. Trust, but verify. There are many people here today and the reason they are here is to make their voices heard. And I implore you to hear
them. >> Thank you. Next speaker, >> David Taxman. I just want to remind you all please because we do have a lot of speakers uh this is not meant to reopen public speaking to what we already heard at the last meeting. So please try to keep your
comments to what we're are discussing now. >> If I just maybe recognize as a procedural this is a report to which we objected to make sure we renew that objection >> please. Yes we can do that but you're not on the just hold on it's your time
sir go ahead >> your name and address for the record please. >> Yeah David Taxman uh 601 Northeast 27th Street Miami Florida. Uh I'm also um working with Eisen Law in association with the the Armani Casa residences. Um
so I work for mobility and parking services. I'm a licensed traffic engineer and parking consultant. Um I had the opportunity to review the uh parking and traffic study that was submitted in association for this project. Um and there are some issues
associated with it. I'm going to start with the shared parking analysis. One of the main things is is they uh referenced ULI, Urban Land Institute, shared parking to get a reduction. However, they're using your code, two spaces per
unit. In ULI, they base it on bedrooms. So, it's based for three plus bedrooms, the ratio is 2.65. At that ratio alone, you'd be required to provide 385 spaces. Fortunately, it's a lot of codes can be outdated. It's
nothing against the city, but you know, the dynamic of different properties, you know, take on different codes that should be required. I mean, you're building, I'll just reference, there's going to be 65 five- bedroomedroom
units. That's like 65 mansions that, you know, the dynamic of the people that are living in those properties own multiple vehicles. They have multiple workers and service people that are coming to them at a higher rate. So, it requires more parking. You
only get one chance to get this right. So, they're offering an eight space reduction on that two space requirement and they probably need closer to 400 spaces. Uh traffic impact analysis. I'm going to touch on I you looked at two
intersections. So, they looked at the driveway and William and Liam Causeway, two intersections. So they did not take into account analyzing the impact of the cars coming off women causeway which is probably at least 30% of the traffic and when they're going to have to make a U-turn at those north and south
intersections. So very limited study area. They did not include the Bentley residences traffic. They referenced it in the study but then they later state that they did not include it because of the traffic study that was done by Bentley Residences shows a net reduction
in traffic. However, when they did the counts, it was in 2025. That development that was at the Bentley residence site had been demolished. There was no traffic generated to it. So, some issues there. Um, I'm just limited for time here. The
maneuverability analysis, the garbage trucks will have to make a two-point turn upon entering and then go into reverse down the service drive, which will then pass by the entrance and exit to the garage, the main entrance entry. So anybody that's using self park will
probably use that entrance. So that's going to get your most of your traffic other than the people that are going to valet or get drop off. So you're creating a dangerous hazard with >> oncoming traffic. >> Thank you, sir. >> So I appreciate. Thank you. >> Thank you. >> Madam Mayor, do you have the right to cross-examine their expert? Um I could call him back later.
>> Yes, absolutely. Yes. >> Okay. >> Allesandre Stvilman. Alisandra Stlman, 4000 Hollywood Boulevard, Sweet 265 South. Good evening, mayor and commissioners. The question tonight is whether the city will vote to approve the site plan and
transfer TDRs, public assets that belong to your residents without exercising the full measure of its authority to protect those residents from imbalance of money, power, and leverage that exists in transactions like this. Developers are in the business of protecting their interests. That is expected. But the
city is in the business of protecting their residents. And tonight, that responsibility rests with you. After the hearing in January, when cooperation was encouraged and good faith engagement was requested, the developer presented what they labeled a construction cooperation agreement. The agreed the agreement
included many sweeping protections for the developer, but lacked any meaningful cooperation or good faith. In exchange for a waiver of all its rights, an irrevocable crane easement and indemnification for the developer, among many other ridiculous provisions, the
developer offered limited monitoring measures controlled entirely by the developer without independent access to real-time data by the association or its professionals. That is not cooperation. This is leverage. And it's leverage designed to issolate the developer from
liability, particularly when monitoring data matters. The reality is that monitoring devices are already in use in other high-rise buildings and projects in the city. And the results of that data are not theoretical. They're real. When agreements limit transparency,
restrict oversight, and shift liability from the developer, that should guide how carefully this commission reviews the other approvals that are being requested tonight. That same pattern appears in the financial structure before you tonight. The appraisal submitted by the developer fixes the TDR
price at 124 per square feet. Although I've seen a bunch of documents that say different things and it looks like the numbers keep changing and it's as of September 2025. It's a backward looking. It doesn't consider appreciation. It doesn't protect it doesn't project what the development rights may be worth 5 to
10 years from now. Yet the developer is asking for 10 years which is unprecedented. For St. Reges it was four and four. They're asking for 10 and 10 when your code provides for two and two. They want to secure TDRs today at yesterday's prices and to pay later.
It's a TDR land grab. Interest doesn't begin until a permit is issued. Principal is not advertised. Payment balloons after TCO and the security is non-existent. You're having a 26.6 million promisory note. Not with no
guarantees executed by a single purpose entity. This is not shared risk. This is not this is controlled risk controlled by the applicant with the with the city assuming timing appreciation enforcement risk as well as a permanent skyline change. Um
ultimately at a minimum we're demanding independent review, independent geotechnical review and clear financing projection. Why is the city hesitant to vote no? >> You're here. There's a discretion and you the comprehensive plan and your code
gives you that discretion. You're continuing constituents elected you for a reason. >> Please take that into account and vote no. Thank you. >> Thank you. >> Thank next speaker >> Ari Stiger. >> Um different item. >> Okay. Sorry about that.
>> It's okay. We have a lot >> can't read the last name. I'm sorry. Ariel. Right. Your name and address for the record, please. >> Name is Ariel Freedler. I'm the vice president of the Regalia board and here on behalf of the Regalia
um right Regalia board um 19575 Collins Avenue. First thing is we were never reached out to. Maybe we're not a neighbor enough, but I think it will the traffic and a lot of the things that people said here will impact us. So, we would appreciate a meeting with the
developer. And I'm not going to repeat everything. I want to let everyone talk. I mean, Sunny Alles just the first speaker just said everything I was going to say, so I'm not going to repeat it. But Sunny Isles has a major problem with traffic that is only getting worse every
day. It's almost untenable to live here. And I've never said that before. I've never been to a meeting here. And I've been very disappointed with pretty much what we're doing about traffic. I don't know what there is to do, but there is one thing that can be done. Do not add
to traffic. I don't expect miracles. I don't expect trolleys. I I don't even know what we can do. Just if you have the ability not to give like bonuses to developers to make more traffic, you're voted to do that. That's all that's my
only request. I'm a capitalist. I build I build I probably oppose things like this but it's untenable right now and I'm begging you to do something about it. >> Thank you. Next speaker >> Atazi. >> Everyone's been sworn in. Mauricio.
>> Yes. So far. >> Yeah. All right. Your name and address for the record, please. And that you've been sworn in. >> My name is Itaya Razi. I've been sworn in. My address is 17550. Okay. So, first of all, good evening, mayor and commissioner. >> Uh, so did you speak into the mic, please?
>> Yes. I'm sorry. So, I support this project because I believe it's the right step forward for Sanas. We live in a competitive area, cities that continue to grow in smart and organized way to stay strong. When we approve quality projects, we show the same thing to
other major cities in our area. growth in South Florida is is something that will happen no matter what. Uh the question is that we guide it in a responsible way. Good development in the right place helps keep the city attractive, protects property values and
keeps Sunny at the top destination. Doing nothing is not a solution. If we want our city to stay strong and relevant, we have to move forward with good projects that will help us help the small people and build something that we wish to raise our kids in. Thank you.
>> Thank you. Next speaker, please. >> Next speaker to Buhouts. your name and address for the record, please. >> Good evening to our bout 400 Sunny Isles.
Okay, so as a resident, I understand the change can bring concerns. However, I believe this development has been carefully designed and responsibly planned. I will contribute the strength and value of our neighborhood. I'm confident reflects smart progress for our city. So I do want to say that I
support this project and I believe this is the right thing for the city. >> Thank you. Next speaker, please. >> Um I'm going to warn you one time. If you're going to call out, I'm going to have you removed.
>> Next It's absurd. >> Hi Diane. >> Hi. My name is Diane Drapkin and I live at Ocean 2 and I came here about over 20 years ago and uh Sunny Als was
completely different and I loved it. But today it's a city that is so difficult to live with. And I'm asking you because I'm concerned about you giving additional development rights which may be um more than allowed by code. How do
you determine when you can give development rights if it's to the public's benefit? Um, does the developer for this project meet the requirements that allow them to add the extra square
footage um above asis zoning? Perhaps this needs more examination. I know um we had the good neighbor uh the fellows came from uh the the developers group to
talk to us, but really we didn't resolve anything. We didn't get a written agreement. And personally, I think we need a lot more time to uh adjust and look at what's happening here. That would be beneficial to our building and
our neighbors building. Um the fact that I came here for the beach and the sun and now there probably won't be any after 2 or 2:30 is very very detrimental to all of us. And so I am going to ask
you all to give us some more time to look at this project and to settle some of these issues. Thank you. >> Thank you. Next speaker, please >> Oliver Dropkin. >> I was here I was here last week and spoke and I was thinking about the
problem. >> If uh Oliver, if you can please just uh your name and your address for the record, please. >> Yeah, Oliver Drabkin. and I live at Ocean 2 condominium 3908. Um anyway, I thought was thinking about the problem and I think it's very simple. First of
all, I'd like to ask, do any of of the commissioners actually live on the east side of Collins Avenue right now? >> We don't go back. >> Nobody. So to me, it's almost like somebody in Oklahoma giving zoning in downtown Manhattan. Either we need redistric
>> sir, if you could just be closer to the microphone, please. I think we either need to redistrict the thing and have like Sunny Alles towers where we can vote and decide what would be good for our community. Right now that's not being done and I feel kind of betrayed by all of you. And that's all I have to say.
>> Thank you sir. Next next speaker please. Alan Cole, Alan Call, 210 174th Street, Winston Tower 600. And I just wanted to um well, I wanted to disclose I'm an engineer, structural engineer, and I have not
talked to the developer, haven't talked to none of the commissioners or city. Um, this is my own neutral opinion and I would like to say congratulations. This is incredible. I mean to come up with a project with only 145 units. Winston Tower is over three times that size. The
amount of traffic that we I apologize for the traffic that we put on our streets. I come in and out of my condo probably six to 10 times a day going up and down the traffic. These 145 units are only a few more units than the Miami
Beach Club. It's actually a couple less than the Sahara Beach Club. So to have a project of this magnitude, um I I would believe that um if you look at the studies when they're sold out, you'll probably never see more than 50%
occupied. So that's like 70 units. So you're basically getting a a even trade-off for two two stories with um about the same number of units. So I don't believe it's going to have um that much of an impact. The impact of traffic
is more so coming from Aventura, you know, the golden shores coming traffic people trying to avoid the Aventura traffic. If you want to worry about traffic, just look at, you know, ways of um minimizing the traffic coming from outside, north and south and west of the
city. But I um I'm in favor of it and I congratulate you all. >> Thank you. Next speaker, please. Um, ladies and gentlemen, we we have a a court reporter here who needs to hear everyone and I've I've asked please to be respectful. Mauricio, next speaker,
>> Ryan Mandelle. >> Hi, Brian. Your name and address for the record, please. >> Good evening. Ryan Mandel, 17901 Collins Avenue. Um, I've been living in Sunny Isles for more than 20 years. I've watched it grow. Um,
and I believe that a project like this is in the best favor of the city. I, um, moved here because of the city's financial security, because of the magnificent skyline, and I hope we get to see that continue with projects like
this. And to echo the 145 units, I do think that that's an important factor to consider. Um, thank you. >> Thank you. Next speaker, please. >> Gavin Hancock. >> Hi, Gavin. Your name and address for the record, please.
>> Hi, good evening. My name is Gavin Hancock and I'm a Sunny Isles resident at 228 Point Sienna Island Drive. Um, so I'm here in support of this development. Um, I've actually worked in the construction industry for about 15 years. And so, somebody who works in the
industry, I can attest that this team there, they're a world-class developer. They build amazing facilities using a best-in-class consulting team. Um, I'm very very familiar with developers work. Uh, highly recommend them or highly recommend for the approval of this
project. Buildings like this, in my opinion, are what bring people into this community and what makes Sunny Isles beautiful overall. They understand uh how to successfully successfully develop a complex project of this magnitude on time as a respectful neighbor,
especially with the tight logistics it takes to build an area like this. They know how to work through pre-construction with their contractors to ensure the concerns of the residents are addressed to safely deliver a high-class project while being respectful to the community environment and adjacent structures to avoid any
adverse impacts. To those in objection of this development that live here, adjacent and high-rise structures, it seems unfair that their buildings were able to be constructed by this one shouldn't. And secondly, if a traffic study is to be used in objection, is that the argument that all future
buildings should not be allowed to be constructed? Thank you. >> Thank you. Next speaker, please. >> Eli Don. >> Hi, Eli. Your name and address for the record, please. My name is Ellie Don 1861 18671 Collins Avenue apartment 304
and also my office is in Sunnia Island RK Plaza. Um I just wanted to say to the commissioner that um I strongly support this project because the developer is super known and super
professional. It's not somebody that coming now and to develop 300 unit as a multif family. It's a very high-end project. Most of the people going to be here probably 20% of the time
in season time. Offseason there is no traffic at all. Even in the season there's no traffic. I drive to my office every day. I drive to my office every day and most of the time there's no traffic. I mean and sometime there's
traffic coming in from Aventura but on a daily basis I don't see the traffic. Um I strongly support this project. I think it's going to add a lot of value to Sunny alle beach as we have many other good projects and this going to be another super project that is going to
look amazing. I fully support it. >> Thank you sir. Next speaker please. >> Joseph Isaacov. >> I just want to remind everyone that this is a formal hearing. It's being recorded. We have a court reporter and I'm asking again for everyone to be respectful,
especially the attorneys in the room. >> Good evening. Joseph Isacov, 255189 Terrace. Um, a Sunny All resident for the past nine years. I support this development
and other new developments in the city. We are Sunny Als Beach is known for its beautiful skyline and I don't think we should stop now and I'm sure we have the best staff and they will somehow figure out the traffic just as just as you did
until now. Thank you. >> Thank you. Next speaker, please. >> Craig and I apologize I can't make out the last name. >> Craig or Greg. >> Craig. >> Craig. >> Okay. Craig, if you can just give us your name and your address for the record and speak to the microphone. It's
my bad penmanship. Last name is Stud Nikki. Thank you. >> I am Craig Studiki. I live in Ocean 2, 1911 Collins Avenue. I've been living here since uh 2001. Like some of my neighbors, I was one of the first residents to move here all the way from
Aventura. I have a lot in common with a lot of people in this room. Uh two things. Number one, I love living in Sunny Isles. I have six grandkids now. They live in New York. when they come and visit me, we spend all day all day on that beach and it's it's truly a
pleasure. Number one. Number two, this place is safe. You've all done a great job of making families feel extremely safe here. And number three, there's a lot of people like me that live in buildings that were developed by related. Ocean One, Ocean 2, Ocean 3, Ocean 4, Armanasa,
145 units is not going to impact what we all are a little bit concerned with with traffic. And from my point of view, this property is going to get developed one way or another by somebody. I personally would much rather have it in the hands of this development team that for over 50 years has executed all over South
Florida, a professional standard of building beautiful residential living. And they are going to build a high-end condominium which, you know, from my perspective, especially since CO, there are families moving to South Florida, numbers we've never seen before. Families, they love this community
called Sunny Isles. And what they're going to develop is a perfect perfect complement to what I see every single day. Families moving from literally all over the world to my community, Sunny Als Beach. So yeah, I'm very much in favor of this particular property in the
hands of this development company. Thank you. >> Thank you, sir. Next speaker, please. >> Delia Pacheco. >> Dalia. >> Delia. >> Delia Pacheco. >> Dalia PCO. >> Okay. Next speaker,
>> Noir Mercho. Merchelo. Noir. >> Spelled it. >> N A W A R. >> Okay. >> Your uh name and address, sir, for the record, please. And pull it down so it's easier for you. >> No, 1911 Collins Avenue, Ocean 2.
>> Were you sworn in? >> Pot. >> Were you sworn in? Did you come here when you had to raise your hand? >> I did not, but I can. >> Okay, we can do that really quick. >> Raise your right arm. Do you swear this morning you're about to give the truth, the whole truth, and nothing but the truth. So, help you got it. >> Yes, I do. >> Thank you. >> Thank you, sir.
>> So, I've had u my unit here for 19 years. Um, and I echo the concerns about the my fellow residents and and neighbors. I don't want to make this too long, but uh major concern are safety,
uh, traffic and structural safety. Um and um um it's kind of ironic like uh most of the people who are in support of the of the of the project are people who don't live on on that line. You know, most of
them are, you know, uh people who don't uh experience the experience that we have uh as far as traffic. Um it took me 12 minutes from my apartment to get here today. It's like 0.8 miles. I googled so
you know you know what I mean. Um nobody is objecting to a new project. I'm sure um all these smaller buildings one way one way or the other or one day or the other they're going to be gone and a beautiful project is going to come up but it's just the scale of it. So I
think if you can take that into account I think it' be very helpful to us. >> Thank you sir. >> Thank you. >> Next speaker please. Dennis Man >> Mangone, >> you write to us when you're about to give us the truth, the whole truth, and of the truth. >> Yes. >> Thank you. >> Okay.
>> Hi. Your name and address for the record, please. >> Dennis Mangon. Um, I'm really nervous. I don't do this kind of stuff. 18975 Collins Avenue, apartment 4305. Um, just want to thank everybody for their time. I mean, I don't want to be here, but I think it's important as a member of the
community to be here. So, I want to thank everybody for their time. I do feel always safe in city of Sunny Alles. I think that the police department does an incredible job. I think the people on the beach at lifeguard does incredible job. I make my living from selling new construction. Like the St. Reges of Sunny Isles.
>> You could just come a little closer to >> I I make my living selling new construction. I make my living by doing pre-development planning. I might not have a career after tonight. Um what I'm just asking the building's going to get built. There's no doubt in
my mind. But what I'm asking you as human beings and and individuals, if you measure the sidewalk from the street to like where the buildings start and the volume of people, it's a very particular piece of land where Armanasa exits the
St. Regis is going to bring. Let's just talk facts now, not emotional. I I'm not for the building getting built. I'm not against the building getting built. What I really would like is you as human beings and have the the control over how the traffic flow is
the you could plan things in a way that m make it least intrusive and save lives because there's no doubt in my mind the way people drive here and the amount of of increased traffic here that that is a very dangerous sidewalk. I only I have a
dog. I don't have children. It's it's it's dangerous and it's doesn't the more cars you put on it the more dangerous it's going to get. So just please what I'm asking is to just look at that. Don't I didn't do a study. I I I don't like coming to these things. I'm 66
years old. I don't want to be here. But I feel as a as a as a person in the community, you have to basically you you can't have an opinion. You have to you have to participate. Um I can't walk my dog at night near that street. It's it's
so busy and um you know you guys you don't need a study to understand that intersection and how that intersection how highly traveled it is. So, um,
thank everybody for their time and, um, you know, as a human being, you you you really have you really have to look at this really really closely, not just from, you know, I'm in the pre development business. It's how I make my living. Um, but you have to protect us.
Thank you for your time. >> Thank you, sir. Next speaker, please. >> Sarah Goslan. Hi Sarah, your name your name and address for the >> Good evening. Yes, my name is Sarah Goslin and I reside in 330 Sunny Isles Boulevard. So I I'm here as a real
estate professional and a res. >> Were you sworn in? >> No. >> Do you swear that you're about to give the truth, the whole truth, and nothing but the truth? >> Yes, sir. >> Thank you. So again, good evening everyone. Like I said, I live in Sunny Isles and I I also
make a living here for the past 20 years. So Sunny Al is not only my business but also my home. I am in favor of the project because first and foremost, I do believe that it will bring major revenue to our city. It
will help our growing community. I'm a real estate broker and I can tell you this is a fact. More and more people are moving to Sunny Isles. whether we like it or not. It will help with infrastructure, police, beach maintenance, create jobs. It will help boost the economy for Sunny
Isles businesses. So, this is a straightforward fact. While I do understand the concern that some of us have in respect to traffic, we are dealing with mainly luxury buyers that are here. They have second homes. They don't commute to work. So they
don't really are out there in the streets during rush hour and also um again they use it as second homes and um it's just like not the type of people that will be out in the traffic as one
of the main concern was this evening. I also believe that the old buildings eventually have to be replaced by modern construction built by new codes better engineering and safer structure. Sunny Isles is known it's known worldwide and
I lived in Israel. I lived in Europe and I lived here for the past 20 years. We are a very international community and we're known for the skyline, the vertical character of the city is just part of its identity and I do believe it's a fact. So after learning more about the
proposal, I feel confident that it aligns with city standard expectations and it represents careful and planning responsible growth development like the proposed one is going to help secure the future of our community and I
respectfully urge you to support it. >> Thank you ma'am. Next speaker, Mauricio. >> Jackie Schloosh. >> Jackie. Not Jackie. You don't have to. You You don't You can
just come and say you're opposed or you're in you're supporting or opposed. >> Jack from uh >> your name and your address for the record and please close the microphone. >> Uh ocean 21911 calling Avenue sworn in. Um, >> were you sworn in? >> Excuse me.
>> Were you sworn in? >> Sure. >> Do you swear that this point you're about to give is the truth, the whole truth, and nothing but the truth? >> Yes, I do. Thank you. >> All right. Please. Your name. >> Um, well, I live here for about 20 years. >> Your name, please. >> Jackie Schlo. >> Oh, thank you.
>> Um, and um 20 years ago, it was beautiful to live in it. even beautiful to live here today. But um everybody talk about the traffic and whatever is going on. You know, if you
drive from Ocean 2 all the way south to J Beach, you'll have almost bumper to bumper on the way back also north to south plus um this called Sunny Isles Beach. This is
what I wanted to to say in in in in general which after 2 p.m. it's from the ocean side it's kind of shady San Beach because you can see the towers
on top of each other on the beach and we we have shade we don't have really um a sun after 2 p.m. and another building that will come it's will kill the entire beach in where we live. So
maybe you build it a little bit backward, maybe it will be a little bit lower. It to build it will be built. I know. But to be considered that we still going to have a beach and a lot of buildings in
the entire shore are pretty much shade after 2 p.m. And that's my main thing. >> Thank you, sir. Next speaker, please. >> Stephanie Katz. And I I will allow more speakers. So if you wanted to speak, you can still sign
up to speak. >> Okay, settle down, please. >> Not been sworn in. So >> do you swear testimony you're about to give is the truth, the whole truth. Until >> I do. >> If you can just bring the microphone lower. >> Oh, yes. >> Thank you. Your name and your address, please. My name is Stephanie Katz and I
live at Ocean 2, unit 2202. I wanted to thank you for allowing me to speak. Um, I'm not going to repeat a lot of what my neighbors have said about the concerns um that we have about safety, traffic, etc. My focus right now is just um the
shading on the beach. It's one of the reasons that I moved here. Uh I enjoy the beach, but it's very a big concern for me. Um, I'd like you to review the added TDR bonuses. Um, it seems illogical that the oceanfront park and
beach recreation public benefits are really public benefits when we have a dark beach after 2:00 for 700 linear feet. Please protect the public. This is your job. Please do it and don't approve this or at least review it more
carefully. We need more time. For the record, I'm submitting the um shadow studies to support what I'm saying and I'd like to put those in the record if I could and thank you very much for your time. >> Okay. Thank you. You can u give that just to the uh clerk, please.
>> All right. Um Mr. City Clerk, next speaker. >> Hi, Miss Clash. Mrs. Clash, were you sworn in? >> The mayor disappeared. >> Were you sworn in? >> Do you swear the testimony about to give is the truth, the whole truth, and but the truth?
>> Yes, I do. >> Thank you. >> Okay, guy. So, mayor, commissioner, everybody here, I have one concern. I live in Ocean 2 1 911 Collins and this
place is my retirement place. We moved down here the 10 10 years ago and my concern that last time last month you as a commissioners and you as a commission here you gave us one month
only to negotiate some fair settlement with the developers. So we are not here I'm not here basically to argue with desert or with the related group. I know that I cannot win that case but I really concern about
all the resident in our building that we don't have a fair shot to go and discuss and have our attorney finalize something that we have to that we have to accomplish between us
and them so we can sleep better. you see that it's very hard for me. I'm so emotional. It's very hard for me to talk because I know what all of my friend and my neighbors are thinking and how they feel about it. And I think that we got
really they like get taken advantage for not getting more time and I know commissioner I'm so sorry to point you that you are insisted not to give more than one month. I appreciate Jerry Joseph that he tried to give us three
months for that. So I'm only here really begging for at least another month or two months so we have time to accomplish what we started because really as of now we have no agreement, no understanding and nothing else like that. So if you can help us with that, everybody will
appreciate it. >> Thank you very much. >> Thank you sir. All right, next speaker. Victoria Stern. >> Good evening everyone. My name is Victoria Stern. I'm living in 100 Bay View Drive. >> Min, can you raise your right arm,
please? >> I already did. >> You already did. Thank you. >> I'm from the beginning. Um, I would like to say I'm living in Sanales more than 10 years. I live in Sanales. I'm walking Sanas. I'm not real estate but I really
support this project. I think we have such a beautiful city. It's growing. It's beautiful. And uh I just would like tell you I support this project. Thank you. Thank you. Next speaker please.
>> Sonia Schoffer. >> And were you sworn in, Miss Sheffer? I don't know, but I'll do it again. >> Do you swear testimony you're about to give is the truth, the whole truth, and nothing but the truth. So, you got it. Thank you. >> I do. >> Hello. I'm sure you guys can hear me. I don't know if you remember me. I >> Yes, but still your name and address for the record.
>> No problem. Thank you. Sonia Schoffer. >> Feel like I'm a little short. Okay. Sonia Sheffer, Ocean 21911 Collins Avenue. My glasses. Okay. Reminder again, guys, I'm here representing all of the units of Ocean
2. I am the board president. The gentleman that was just up here is my vice president. And I'm not going to echo what everyone else said. It's pretty obvious. We all have the same concerns. What I would like to ask for is more time. We are looking for an
additional extension because we do not have adequate time. Time is not in our favor, guys. Since we saw you last time, we did meet with the developer. They did reach out to us. We played phone tag in the beginning. excuse me, for about two
weeks to lay out the timeline for you. I invited them to our board meeting, which I will give them uh respect that they came to. We had a lot of owners show up. They answered our questions to the best of their ability. Uh I think the gentleman's name was Eric. Eric did a
good job. It was not an easy uh room, if you will, but we really are asking for more time to get adequate lead representation. We did receive the same agreement that was completely biased to their side, which is normal and expected. So, we weren't surprised, but
we need time. We do not have representation. We did try to join forces with Armani's attorney, but clearly we have different views and we're uh differently impacted, right? So, what I really want to talk about
again is we're really asking for an extension. We understand that we can't stop the building. Would we love for it to be 42 floors? Yes. But what we would really love is time to make a good neighbor agreement or a good neighbor contract or letter because what was sent
to us, I will say, was completely biased to them. It was basically we'll give you a little bit and you can sign away all your rights. I know we may not look too smart, but we're smart enough to not sign that. Another thing I'd like to talk about at a minimum is what the gentleman said in the beginning is a
word named discretion. I understand last time you guys talked about how you guys have to vote by the letter of the law. That is not true. You guys have discretion. Again, you can vote what's in the best interest of your residents, which is us. We've had a bunch of people
come up here who I don't even believe that they live in Sunny Isles, frankly, and I'm entitled to my opinion. Maybe they listed a Sunny Isles address. I don't believe it. And more importantly, who lives on the east side? I know I've lived there for 24 years. So, I'm asking you, because time is ticking, for an
independent expert review, I would like to ask for that. Um, clear financial protection and security for what is effectively a $26 million public transaction, but again, my sole goal of coming up here and speaking is begging you guys
for Ocean 2 for more time. We would love to work with them and we just want to be heard. And I think that with a project this big, we deserve the respect of more time because we're doing what you guys asked us to do. >> Thank you. >> Thank you. >> Okay, next speaker, please. >> Ken Percy.
>> Do you swear testimony you're about to give is the truth, the whole truth, nothing but the truth. I hope you got it. Thank you. >> Good evening. My name is Ken Percy, 200 Sunals Boulevard. I just want to talk about the thing that nobody really thinks about, which is the construction
phase and the foundations. They go deep. The contractor will have to dewater. That will affect the foundations that exist on the two adjacent buildings. I'm going to reference the Millennium Tower in San Francisco. It currently leans 29 in out of plum. Uh they've spent
hundreds of millions of dollars in legal fees. It's still occupied. If we end up with one of those in Sunny Als Beach, $29 million will You'll say, "Why did we even think about it?" I'm asking this commission to have due
diligence carried out by independent sources, not the developer who should pay for them to make sure that his foundations do not affect in any way the foundations of Amani Kasa and Ocean T.
Thank you. >> Thank you. >> Next speaker, please. Roads status. >> Spell spell it >> R. I think that's an H O D S.
>> Roads. >> Is that you? >> Okay. If you can just tell us your actual name and address. >> It's It's Rothus. >> All right. Thank you. And your address, please. >> Sunny Isles TS1. >> A little bit more
>> with What's with the address? the building. >> I I just moved there, so I don't know that. >> All right, that's okay, sir. Go ahead, please. Were you sworn in? >> I I like Sunny Isles. So, >> were you Were you sworn in? >> No. >> Okay. Mauricio, >> do you swear testimony you're about to give?
>> Thank you. And the address we have listed is 330 Sunny Al Boulevard. >> Thank you. Go ahead, sir. >> Um, I support it because I believe in uh growth in the community and where I my other house is in St. Pete. Um, I don't see where there'd be an issue of impeding traffic because you have so
much traffic here as it is and there's nothing you're going to do that's going to fix the traffic. Um, and adding the amount of units they're adding is not going to make a difference to the traffic. >> Okay. Thank you, sir. >> Y >> All right. Next speaker,
>> Benjamin Isakov. >> Hi, good evening. >> Uh, name and address for the record. Benjamin Isaac, >> I'm just going to interrupt you for a moment, ladies and gentlemen, please. We're all adults here. >> Go ahead, sir. >> Were you sworn in? I'm sorry. >> Yes, >> you were sworn in.
>> I was not sworn in. >> Okay. Do you swear? Raise your right arm. >> Yes. >> You swear testimony about the gift of the truth. The whole truth, not about the truth. Thank you. >> 100%. >> All right. Your name and address for the record. >> Benjamin Isaac. I live uh in 330 Sunonny Boulevard, unit TS4.
I live in Sunny for 3 four years now. I love it and I want to stay here for another 30 years or 100 years if I can. I I have beautiful views and I love the buildings that I see in on Collins and I
want them to continue growing. I support this project and by us having another building like this, it's just going to make the real estate for me or for everyone that lives in Sunny, I think go more more in value.
And I think these holes that we see on Sunny Boulevard, those empty spots, I think should be built and look nice. So we get more, I think, residents here that are going to, you know, love Sunny Als more.
just like I do. So, let's let's build this building. Go high as we can. >> All right. Thank you. Thank you. Um >> Lucas Morales. >> Lucas Morales. >> Okay. >> Do we have a Lucas? All right. Are you
Lucas? >> Okay. >> Could you raise your right arm? >> Yeah. >> If we can't keep it down, we're going to have to take a recess. So please, >> do you swear testimony you're about to give is the truth, the whole truth. Don't nothing but the truth. I hope you got it. >> Yes. >> Thank you. >> Okay. Your name and address for the
record. If you could just speak close to the microphone. >> Lucas Morales, 1298 Northeast 95th Street. >> Okay. >> Okay. So, hello everyone. Thank you for having me here here today. I used to live actually live in Sunny about two years ago, but now I reside in Miami
Shores. But in summary, I am in full support of the I am in full support of the development. I'm a huge fan of Desert Group and Desert Development related. I'm an aspiring developer. I acquired my first site in Little River
at 18 and I am in full support. I think it's going to really help out Sunny, especially with the the property values and actually help out with what Sunals has been put on the map for, for the beautiful skyline, for the beautiful buildings, and it's just going to help
the economy here a lot. And yeah, it's it's going to really show off everything that Sunny is really known for. So, I'm in full support of the development. Thank you. >> Thank you. Next. Thank you, Lucas. Next speaker. >> No further speakers as well. >> That's it. >> That's it. >> All right. Um, Mr. City Attorney, just
procedurally, could you remind us what we're doing? >> The applicant has an opportunity for rebuttal. I believe she requested uh time for rebuttal and they have the opportunity to cross-examine any witnesses. >> Anybody that spoke? >> Yep. Okay. All right. Uh applicant,
you're up. Uh but public comment is closed now. We have no more speakers. Correct. >> No more speakers. >> All right. So, public comment is officially closed, ladies and gentlemen. >> Good evening again, everyone. Um Michael Thomas of Greenberg TRA is here on
behalf of our team. He is a construction lawyer and has been working with both the ocean 2 and our manicasa council to negotiate the good neighbor agreements. So I'd like to bring him up to the podium please. >> Okay. >> Hi.
>> Good morning. Michael Thomas 333 Southeast 2nd Avenue Florida 33131. Uh I'm council for the applicant. We in accordance with your request, we sent over two what we're calling construction
cooperation agreements. One to the Armani Kasa association, the other to the council for uh Ocean 2. Um suffice to say, we we think the agreements were quite fair, quite reasonable. There are form agreements that we have used in the past for other developments here,
including the development of Armani. Um, it has a very robust safety protocol program that we've committed to perform throughout the course of construction. Don't indulge me for a moment. I give you a couple. >> You can just speak a little closer to it. >> Sure.
>> Um, I can give you a few highlights of some of the terms. >> In terms of the protocol, it's been developed by some of the best geotechnical engineers in the world and some of the best structural engineers in the world. Uh we've committed to perform uh install settlement monitoring control
points that would be monitored throughout the course of construction tracking a baseline before construction commences and then doing it routinely throughout the course of the project during concrete pores at least once a month typically once a week and then continuing for some time afterwards.
We've offered to install GPS monitors throughout various locations of both buildings at the uh selection by the association in consultant with consultation with uh with its engineers. And what these GPS monitors do is they they track to see if there's been any
the slightest amount of rotation or tilt to the buildings throughout the course of construction. We've also offered to install vibration monitors set at levels that were established by the geotechnical engineers again at locations
um suitable by the acceptable by the association along with its engineers. And these monitors will um record any vibrations that are emanating from our site and record what is actually being received by by those buildings which
will allow people on the ground and they'll be tracking this daily routinely by minute by minute as construction activities are being performed um to adjust any kind of construction activities as necessary. Uh we've also
offered to install crack monitors after performing a survey of the buildings and their existing conditions, documenting any cracks that may be there. Monitors on each of those cracks to see if those cracks are large or altered in any way, shape, or form by the construction.
Believe me when I tell you there isn't anything more to do. None. Unfortunately, none of this was acceptable. Um, we are willing to continue to engage with both of these associations. We've made that pledge to them and to their
lawyers. Frankly, it's a little premature to have this type of agreement in place because the building is still being designed, hasn't been approved. Once we talk to our contractors and have a better understanding of the construction and their means and methods, we can sort of refine these
points. But we are committed to engaging with them in good faith to try to reach an agreement which hopefully will allow the parties to work together and live together throughout this process without complaint with the least amount of interference. Some other
conveniences that we've offered to put in there including monitoring for dust and mitigation of dust, debris, sound, noise, flagmen outside of of of the uh the driveways of both of these buildings to make sure that traffic does not
prevent ingress and egress out of these buildings, which could be obviously very annoying to the to the residents as they're coming and going to work from their homes each and every day. So, there's a lot of different things that we can do. are willing to hear all of their concerns. We're willing to try to
address those concerns if they can be addressed reasonably. Um, but they're going to have to stay with us and stay at the table and have and continue those discussions and we're willing to have them. If there's anything else you'd like me to answer, I'm happy to answer any questions at this time or later on.
>> Sure. Um, we'll start with uh Commissioner Lama. Do you have questions? >> Not at this point. No. Okay. >> I'd like to hear >> Vice Mayor, >> I have a lot of questions, but um I I think I want to hear more of of of what
your size presentation is going to be, but with regards to what you just said with all this monitoring that you're offering. >> Uh is that something that that you normally offer to other buildings or in other constructions?
>> No, it's actually relatively new. Um this is something that um has been put together by our engineers and our structural engineers. It's more monitoring than was in place when for example Armani was built more than was promised to Ocean 3, more than was
provided to Ocean 3. Um I will say that this client safety is a priority. It is the highest priority. We take it very seriously. We engage the best engineers, the best consultants to come up with these plans and they're constantly being
adapted. So what is on the menu now is the best menu that could possibly be put forward. >> So let's say we we have all this monitoring going on, right? And the buildings are receiving the information. I I don't know how. I
guess you know it's some website. I I don't know. So that's number one. How how is that information? >> It depends. um provided >> on what type of information for example >> okay let's go with the vibration the vibration >> seismographs the seismograph data is
recorded that information can be shared we could set it up so that it could go to them in real time it could go to them daily it could go to them weekly monthly depends on the building I've been a part of a lot of these types of agreements
with many a neighbor some of them want it right away some of them just want to see this information routinely. That is just something that can be worked out depending on. >> So let's say we we we agree we want it daily or we want to monitor this closely. So let's say the buildings want
it daily. So at what point like because I'm just trying to play it out, right? So I'm I'm in the building. I I'm getting the information and I see something alarming. >> What? Like how how >> a great question. I know,
>> right? How is that information then turned into action? Do you understand what I'm asking you? Absolutely. How do I get you to stop >> if I have a concern? >> It's a it's a great question. Um, it really requires some professional, an
engineer who's trained to interpret that data to determine whether or not it requires any kind of a modification. For example, seismographs are very sensitive. It could be that at that particular moment in time,
uh, a very large truck was coming down the street. It could cause it to spike, but it's no indication at all of anything actually happening with the construction or on the building. So it requires people to look at this to distinguish the signal sort of from the
noise and distill it down to as to whether or not okay this is vibration that's occurring as a result of a construction activity that would require something to be altered. >> Okay. So we have this monitoring going
on. Uh does that mean then that so that like I'm I wouldn't be able to interpret those graphs, right? I could be sitting at the computer all day. I don't I wouldn't know. So So does that mean that then that now the buildings are going to
have to hire uh uh an expert to to to read the data daily? >> If they want to do that, if that's information that they want and they want to go through that, then they probably would have to. Whether or not that that's something that the cost of that
can be discussed is part of a a discussion with my client is up in the air. But if they're going to want their own engineers to be reviewing this information in real time daily, obviously there's a cost to that, right? You know, >> what I think
the commission, the city should, you know, take comfort in is that this developer engineers is are going to be monitoring that information in real time. Okay? And people on site that can make decisions right away if one needs to be made. But you you would have to
understand the the residents uh concern which is the same thing that they're saying about your studies, right? That that of course you're going to provide, this is me sort of paraphrasing them, right? Of of course you're going to provide the studies that benefit you and
of course you're going to interpret things in the light that's most beneficial to you >> because why would you stop the building of your buildings? So I'm I'm I don't know. I don't live in their buildings. I'm not part of their board. But see, so it's if we have these offers which are
are more than that that is being offered somewhere else, right? So I just want to understand how the these extra bells and whistles which are good >> how they a how they play out how they actually benefit because if it means
that the board let's say the board can't afford an engineer so you're going to have people like me watching reading things that we don't understand and blowing up your your phone and then what do you do with do you understand like I I'm well
>> I don't I don't I can't visualize how it how it happens. >> Okay. Well, the the vibration monitors as proposed by us would be installed on the neighboring buildings property, right? To actually see what's actually being received. Vibrations move through dirt, the ground, it dissipates over
distance, right? So, our engineers are going to be interpreting that information in real time. They'll see that information and our engineers will talk to their engineers. And this it's going to have to be naturally reactive to get the data and then they make a decision on whether something needs to
be done. Maybe they were working a little bit too close to the monitor at some point in time. It could be as simple as somebody walked by and hit the monitor. I've been part of things where things have spiked, people have gotten concerned, and it turns out somebody just knocked over the monitor, right? Hit the seismograph and there was no
reason to cause alarm. These engineers are trained to be able to decipher that information and make decisions. >> So, not to belabor the point, it's basically going to be up to the associations to decide whether they're going to trust
the what the information, you know, of of your experts or they're going to have their own and that'll just be up to them. And that's that's how you envision it. Well, I envision that we will have our own engineers and our own experts who will be talking with their engineers and their experts and yes, their experts
may reach different conclusions and then they can share those conclusions with us and engineers can try to come up with a solution together. That's the cooperation that we're trying to create by having an agreement like this in place. >> Okay. I I mean that's those are my okay
>> just conceptual issues and I guess at some point >> you would um I guess in those conversations I would encourage you to >> come up with a a place of like so that it's clear to everybody when this
happens I I can't you know again I don't know anything about it so it's like on a scale of 1 to 10 when something hits a five we're going to stop right and or something like that so that everybody our Our consultants will set a threshold that they would like as sort of the
maximum level of threshold before something may have to happen. That doesn't necessarily mean stopping. It could mean there needs to be a conversation. It could mean there may be further data in review. But but they are the ones that will set this. It's not
for me to set. It's not for frankly the associations to set, right? is for people that are trained in this geotechnical engineers that have the information knowledge the training the education right specialization that ought to be able to interpret this data
and frankly it's not for us to substitute you know our judgment for theirs that's what we pay them for and you know we have to rely on them >> those are those are my questions for now >> okay commissioner Joseph you had a question >> yes so actually last month I advocated
for a three-month delay the um commission uh whittleled that down to one month. We were hoping that in that month that in good faith we would have an agreement between the
developer and the residents in Armani and Ocean 2. That did not occur. >> It did not. >> Yes. So logically and understanding that if this commission votes in the affirmative at
any time before there's an agreement logically for any logical person you have to think there may never be an agreement. >> No. >> Well, no. Let's No one here is naive.
Okay. We know that if you get what you want tonight, there may never be an agreement that is even handed for the residents and the developer. >> We entered into an agreement on Armani at Ocean 3 months, months, maybe even a
year after the approval. I disagree with that completely. Okay. What we need in order to have an agreement, we need to have plans. We need to have a contractor involved who's going to tell us and be a big so we can explain to the neighbors how this building is going to be built. Where are the construction activities on
the site going to occur? What sequence? This is the information that residents want to know. Right. And right now, unfortunately, no, not our fault. We just are not in a position to give them that information, but we plan to like good neighbors.
I understand. But as a commissioner and as an advocate for the residents, I know from business experience and from dealing with um qualified people for so many years in my business that things do not occur
after the fact that um you know that you would think might happen. They just never happen. So, in that regard, and also I have a concern where this uh Miami Beach property is, you have when
you come out of your driveway, you have the wall of the causeway. >> So, that is a locked two-lane street with no shoulders. If you're doing construction, if you have like we just had at the Bentley where you had rows
and rows of cement trucks, how would you ever have an emergency vehicle get through there if there's an emergency at Ocean 2 or Regalia? >> Well, typically when those long pores occur, we have to hire uh police to an offduty police officers or on duty
police officer to be there that time in the event something like that happens in order to direct traffic. >> No, I understand. But you have to have a con you have to have a constant pour during that time. >> But we still have to have safe ingress and egress out of those. >> But you have cars through that
bottleneck, how would an emergency vehicle ever get through there? If you have cement trucks on one lane and you have cars that can't go anywhere, how would a emergency vehicle ever get through? >> Well, again,
>> someone would die in that time. I'm I don't I don't think that's the case. Again, like I said, we're hearing >> Well, how would they do they the cars aren't automatically going to fly? >> We're not at the stage of flying cars yet. So, no, I agree with you on that.
>> So, how would something get through? >> That's what the police department is there for, to make sure that they can direct traffic. >> But if you have a bottleneck from 189th Street to >> Golden Gate, how would a car get through? How would a how would a an ambulance get through
>> in the manner that the police department will direct them at that time? >> They first have to get there. >> No, no. I believe that we have to have them on site and typically do. And that's one of the things that we put in that agreement. Just so you know that we would have and pay for people to be out there to direct traffic to make sure
that those areas of ingress and egress are not blocked. We have made that commitment every time this developer is built in this on this h in this city with the neighbors in an agreement. We've made that commitment and we stand by that. We will do that. That is something that safety like I said we take our absolute highest priority.
>> Okay. I have to pray to God that that an instance like that never occurs. But I have to put faith tonight in my other commissioners and the mayor to advocate for the residents to make sure that there's an agreement between the developers and the residents before this
commission passes anything. >> Um, okay. >> Mayor Mayor >> Commissioner uh L had >> if I could just >> please go ahead. >> We discussed this at the last hearing, but there's two distinct issues. What you have before you tonight is a
zoning site plan application. You cannot condition that approval based on an agreement dealing with construction where the building plans haven't even been made yet. It's not part it's it's a completely different analysis that does
come further. It's come further in time in every single project that's come before this commission. It literally is premature. And from a legal standpoint, you can't condition your approval of a zoning site plan application based on those issues.
>> Okay. >> Thank you. >> I have a question for the attorney. >> One second, ladies and gentlemen. You You got to speak, please. >> I have a question for the attorney. So Allan, what you're saying is that
we have to pass vote on this tonight. No. And what and you know that once we let's say it's voted affirmed, the developer has no cause whatsoever to make any agreement with the with the
residents. >> They have to by law follow the Florida building code. That's the only authority you have as a city, as a regulatory body. So, once you go through the zoning council, you can shake your head all you want, but it it it is. So, you get to a
point where you you have a zoning application and you have a code, a specific code and specific criteria that you look at and you follow. Okay, that's for the zoning site plan application. When you get to the building plans and construction and
so on and so forth, that's where the Florida building code comes over. You have a building official and you have authority as a regulatory body under that code, but they are relegated to that code. Now, what that code's going to look like 5 years from now, we don't know, but they that's by law what they
have to follow. You don't have the authority, for example, to come in as a municipality and change that building code to require additional uh requirements. Let's say uh as an
example, pilings have to go down 50 ft more, right? If the Florida building code doesn't require that, you as a municipality can't impose that on them. So your building official and you as a regulatory body are stuck with the Florida Building Code.
This we saw this in 1992 when it changed right after Hurricane Andrew. There was a big change. Used to be the South Florida Building Code. Now it's the Florida Building Code. But there were significant changes in '92 after Hurricane Andrew. So to the extent that there needs to be more arduous or uh you
know more strict types of construction regulation uh that's beyond the build they're they have to build to the building code but we can't impose anything greater than that. They can volunteer as they have this extra monitoring and everything else but again my goal is to preserve
your record so that whatever decision you make is defensible. Um, and your decision tonight can't be based on construction related issues. It has to be based on the zoning application. >> So, it's just a guiding >> going forward.
>> But I absolutely can vote for a further deferral. >> You can you can do like again I I don't all I can do is counsel you and again all I'm trying to do is preserve your record. Um, you can certainly do
that if you want to. Um, that's certainly an option. You have three options essentially. You can approve, approve the conditions, deny, or defer. Actually, it's four. >> Okay. Commissioner Lama had a question. >> Yeah. I wanted to know, I mean, uh, the
gentleman came up. I wanted to know if that's the entire rebuttal or if there's more rebuttals. I'd like to hear all the rebuttals first and then comment. >> Okay. Please go ahead. >> We we'd like we'd like to wrap up very briefly if I may. So, um, this is I'm a lawyer. This is argument. This is not
new evidence, but we're the ones who ordered a court reporter. And you know why? Because you're sitting here tonight, and I think it's important to reframe this, and you heard it in the very beginning. You're sitting in a quasi judicial capacity. That means
you're not sitting as an advocate for the residents. You're not. You're sitting effectively as a judge being asked to weigh the competent and substantial evidence that has been presented before you on a topic that
really nobody has discussed, which is whether or not this application satisfies the objective standards in your code for the approval that we seek. Now, I listened very carefully. I took pages and pages of notes. I can read some of them, but there were two phrases
that recurred. Independent review. I heard it over and over again. I'd like to emphasize the fact that our application and our traffic has been independently reviewed
by an independent peer-reviewed traffic engineer who found that our application satisfies your code. The president of Ocean 2 used a phrase, the letter of the law.
You're here to apply the letter of the law. We comply with the letter of the law. Whether you like the law or not is not the question. The law is the law. If you don't like the law, you change the law. But you're here tonight to evaluate our application and measure it against
the evidence of compliance with the law that it exists today, not whether we can reach an agreement with a third party. If you were to condition your application of the law on what a neighbor wants, then you have improperly
delegated your authority to a third party. That's not their job. That's your job to look at the evidence. The evidence that's before you. The competent and substantial evidence in this record, which includes the report by your staff and their professional
peer reviews, confirms to a certainty that this application satisfies every objective standard in your code. Objective standard in your code. Whether you like it or not, it does. On the question of traffic,
everybody's got an opinion about traffic. But the important thing to note that not a lot of people know is this jurisdiction sits within a transportation concurrency exception area. What does that mean? That means
there is so much background traffic cutting through this city that we cannot attribute or deny any one application based on the traffic that that one application would cause. Because to do so would be to deny a property owner of
a vitally important property right for no fault of their own. Precious few units are being built here. Precious few. And as if people all know what they want all be occupied. The the residents of this building are not going to move the traffic needle in any meaningful way
so that it could disrupt the ability to build this beautiful building that it's fully compliant with all of your codes. And then, you know, it's a bit of a cliche, but it bears mention. Justice delayed is justice denied.
We We are here in full compliance with your code. This body asked us with the with the finest legal skills there are to try to work out an agreement with our neighbors about a building that has not yet been designed to see if we could
reach a good neighbor agreement. and we couldn't as of this moment. But as of this moment, we comply with your code in the opinion of your staff, your independent staff. And for that reason, the very narrow issue before you this evening, divorced of the emotion,
divorced of the cat calls and the snickering and the sneering. When you look at the clinical evidence before you through the lens of your decision, it's an easy decision. So, we ask for your approval tonight. My colleague Tracy is going to close very briefly, and I want to thank you all for your patience through a very long night. >> Thank you, Tracy.
Thank you, Jeff. Um, I think we've said everything there is to say in rebuttal. I want to thank all of you for your time and your consideration. I want to thank staff. We have complied with all of their requests. We have submitted all of the analysis they have asked for. They have determined that this application is
consistent with your code, consistent with your comprehensive plan, and compatible with the pattern of development in the area. That applies to both the site plan and the TDRs. We ask for your approval this evening based on that evidence and the evidence that was presented to you in January. You
received a full presentation where we did talk about traffic structural issues that were outside of the scope of this site plan review criteria, but we did discuss them and we provided you plenty of evidence relating to the compatibility and consistency of this
project with your code and the goals, objectives, and policies of your comprehensive plan. We took the time in the last month to reach out extensively with the two condo associations that asked for it. Um I reached out to them next day as was said, you know, on the
record here earlier. There was a little bit of phone tag, but we did our best to make ourselves available and we have been talking to them as recently as this afternoon. Um we are in ongoing discussions and we intend to reach settlement agreements with them at the appropriate time. um we understand that
if we don't we're subject to any type of claim that they want to file in in the court of law. So there is recourse if if something does go ary whether there's an u an agreement in place or not. And I just want to remind everybody of that everybody has rights and everybody
should be able to defend their rights. Um so with that uh we're here to answer any final questions you may have and ask you to approve this evening. Thank you. >> Okay. Commissioner Stevenson, you're up. >> Okay. So,
my questions are basically with the signing application and I want to start with the appraiser report. >> Are you just so we the applicant or staff? >> Staff. >> Okay. Um, >> okay. So, >> one second, Mr. City Manager, do you
want Amy to come up? Okay. My question will be like who gave the conditions to the appraiser of of how to come to their conclusions. >> Sure. So the city code actually
establishes how we establish costs of the TDRs because you were talking about the TDR appraisal report. Correct. >> Well, actually with the F, the $125. Yes. >> I'm sorry. >> With the F >> for the development bonuses. Yes. Correct. um
>> we we we are basing the amount of money that they are going to be paying into for $125. Correct. So the development bonuses and the cost per participation unit of the development bonuses is established by code. The last time that was updated I
believe was in 2018 by the city commission. So the city commission established that price. No, I'm talking about the appraiser of the price for the $125 of that is part of our package. >> So that's for the TDRs. >> Correct.
>> Perfect. Yeah, correct. You're 200 is the bonuses. Yes. >> So for the TDRs, it's established by code how the appraisal is done. >> Okay. >> And so the cost for a square foot of development rate is determined by the market value of the receiving site as determined by a current real estate appraisal. And that independent
appraisal was attached to the >> correct. So, I have a few um comments about the the independent appraiser because it raised a few concerns. We are using the same amount
of money which is $125 per um that's it was in 2013 and 2014 even though that uh appraiser was made in 2025. Okay. So, uh it's very lengthy. I went
to a lot of detail to read I don't know 80 pages or so and it came to my uh attention and I'm going to quote a few which are in page 37 and 44 and it says
zoning and legal officials with city with the city of sonas beach previously established parameters with regard to the selection of comparable sales meaning it has to be within the city of
Sunny Beach. These parameters preclude the appraiser from going outside the city limits to search for comparable land sales because of the parameters and this is I'm quoting the appraiser the appraisers
report because of the parameters enforced by city officials the that limit the scope of work and appraisal process and the limitation of comparable sales activity. The conclusion should
not and has not been considered market value as typically defined. So again, we gave very specific conditions to go to be within the city limits and that's why
the appraiser and it states in another part of the report on page nine it says furthermore the the report plainly states in addition this appraisal does not provide an indication of m of market value.
Additionally, the appraiser applied a 0% adjustment for market conditions. Basically saying or arguing that the option front land value in South Florida
didn't change in the last 11 years. So we were we are basing that calculation on was a was um very specific manage
um conditions given by city staff. So my question is again the first one who gave these conditions to the appraisal. So per the code it's based on the market value and it's done by a certified appraiser. I'm not a certified
appraiser. I can't speak to the compar comparable sales analysis. Um, but this appraiser has been used for all of the TDR requests recently in the city. Um, so it's consistent with what has been done in the past, but I can't speak to the methods of appraisal. I'm not a certified appraiser.
>> Okay. So, basically, it came now from your office from the zoning department. So, I'm going to put on the record that I'm formally requesting a complete production of all emails and communications between city staff, city attorney, elected officials, and the
appraiser regarding that report. Additionally, I request a comprehensive calendar log of all past meetings and phone conversations related to this very specific specific appraisal process and a full and transparent accounting of the
cost, fees, and expenses incurred by by the city to commission and produce this report. That is about the appraisal report. Now, I have questions. I have questions about the promisory
note and for that >> who's the question for >> well let's see who's going to be thinking that they have to answer it okay it's to the staff as well so about the promisory note because it's been very long I'm going to go to the end
okay so we are being asked to approve a bundle 26.7 million promisory note today which is part of The zoning is one of the conditions knowing full well that if the bonus unit
rate change in the next five years which that bonus um unit rate is not locked. It can vary and I heard I read also that the applicant will be totally fine and okay paying whatever is the amount that
it might change in the future. this promisory note will immediately become inaccurate and require a change and a modification to the principal amount. So we are legally we we can legally or ethically bundle a
floating depth which is the F bonuses with a fixed depth which is the appraised TDR into a single loan instrument. So the promisory note at its at least it has to be separated because
we are putting together TDRs and FS. So to maybe make it even more simple for the staff I say I give you a copy of what will be the the modifications that I would like to propose to separate the
promisory notes. uh I don't know who would like to speak about this and I would like to know from the uh applicant if they will have any problem separating the promisary note and having the FS in
one and then the TDRs in another one >> just very briefly again for the record Jeff Bath the applicant has indicated no objection to separating into multi mult into two notes >> okay perfect okay So and I would like to hear now from the staff in regards to
that >> what's the question >> about separating the promisory notes in two one specifically for the TDRs which is to our discretion and another one for the bonuses and FS that they are as of right according to if they comply with
all the requirements >> if the city commission was to separate them we separate them. Okay, thank you. >> That will be part of my uh modifications. And then um when it comes to that, the reason one of the reason that I'm I'm proposing that is that when
it comes to the FS and the bonuses, um the money goes allocated to very specific funds. So those are restricted funds like the beach, like beach access, etc. However, the other 15 plus million
dollars which are the TDRs which are discretionary uh they are not tied to anything. So I would like to know from the city staff what will be the uh mindset where will be allocated those
$50 million. >> Go ahead Mr. City Manager. >> It'll be determined by the commission during our budget. >> Okay. It will be coming as a general fund basically money. >> Go ahead, Mr. City Manager.
>> It'll be discussed during the budget and however the commission wants to allocate it, it can be allocated that way. >> Well, I hope that everybody that is here will take such a good attention to also participating in the budget um discussions because that's where the
majority of the big decisions um are being made. Um and I don't know how much um the rest of the commission reads or not that budget book because it's lengthy. I happen to be an economist so actually I like to read it. Um but then
I'm going to propose as for the TDRs that they are discretionary and in the event that they get approved to create an owners impact fund meaning that money we are not is not necessary is not being
calculated as needed for or is not tied or restricted to any fund. So the proposal will to give the money back to the community. There is roughly 4,000 homestead units
here in the in Sunny Als Beach. A little bit than 4,000 as of 2025. So the recommendation will be as when the applicant give those payments that apparently are going to be in a period not less than 10 years. Sorry, no more
than 10 years. it can be less because you have you guys at the district to pay according to uh when you get your master approval and all of that uh to give back the money to the community. Like I said, it's not part of any other fund. Um
there is a very weird dynamic going on here between the developers and the city and the residents and the owners of Sunny Ars Beach. meaning that it is true and I'm always glad to see here former mayor Norman Ero because he has given us
the story of how we got to where we are and why our city it is so um financially stable. Norman say hi because some people don't know who you are. Okay. So um so it it will be the dynamic is that
uh we have the city that we have thanks to the risk that many of the developers took in their time and you guys live in those beautiful buildings because of the financial risk that they're taking. Um but we the residents and the owners we
take the burden of anything and everything that has been happening afterwards. meaning the traffic, the dust, the shade, you name it. Okay. So about that I would like to just read for the record as well that according to the
staff report and when it comes to the concurrency review that it is in the report and it says the following concurrency review pursuit to article six of the city's land development regulation ensures ensures
there is adequate facilities to maintain the level of service standards for water, sewer, drainage, solid waste, parks, public schools, and transportation
that exist or are planning to assist when necessary to serve the development. This is on the record. This is the recommendation of the city staff that all of the above exist or are going to exist once it's
ready. the this development. I just want to put all this uh in perspective because we are going to be um making the decision based on all this information and like I said it happened to be that I like to read so I go to the details in
all these things. So that's what I am proposing to create an owner's impact fund that is going to give back to the community that they are the ones suffering the burden of the traffic of
the chain etc. and that the money of the TDRs is going to be back to the people >> about $3500. >> Just $3,500. >> Well, just one just one note though, a caveat to what the city manager said though. per your code. You'd have to change your code for that though because
your code directs that money to your CPI fund. So that TDR money goes to your CPI fund. >> Well, which was the the first question I asked if it was tied to something. >> Yeah. So it's tied to your CPI fund. So you'd have to change your code to accommodate that.
>> Okay. So once we if once we um separate the promisory notes with FS and TDRs um the TDRs can be then uh be part of this impact fund once we bring the language
necessary to change it in the because as of right now which was to my point uh we are the ones suffering the burden the developers are the one taking the financial risk and then all the um good publicity about
the $300,000 winter lights and the $300,000 barbecue for the city etc. is all because of the city not because of the money that is bringing being brought to the city by our taxes and by the risk of
the developers. So I just trying to make a little bit more clear where the money is coming and where is it going and the TDRs I would like and that is something that maybe even you Jerry would like to be on board if it's going to be back to
the community those $15 million. Okay. So this is my comments for now. >> Okay. >> Okay. >> Commissioner Lama. >> Yes. Okay. So, back to the beginning. Um, I
would love for both parties or the three parties to come to an agreement. And, um, I know you're in discussion. So, I would like to know from the applicant, what were some of the objections or
apprehensions from, you know, the uh the adjacent buildings as far as the Good Neighbor uh agreement? Can I hear some of that, please? Michael Thomas again. Um, some of the apprehensions. One, I think first off,
it's a still just a little bit premature at present, right? We need a little bit more input from obviously the neighbors, from our general contractor, complete the design of the building, right? So we can give them a more accurate
description and view promises that we can make is v schedule ingress egress where the construction activities are going to be held on the site. Um there was a requests in there that
we think present a very possibly a challenge that we cannot overcome with respect to insurance coverage which is important. We need to make sure we have adequate insurance. We can't do anything in this agreement that would
jeopardize that coverage. >> What was the specific ask? making certain commitments by us to perform repairs immediately presents a problem for us in that regard. We are going to have adequate insurance for this project. They'll
provide coverage in the event of some type of minor damage to a neighboring building or to a car or something like that. But when an insured makes promises in advance and then tries to ensure those promises, that becomes a problem. So we can't in good conscious and you
know fiduciary obligations that we have to the company take those types of risks. Um there's also some concerns about the extent of the indemnifications that they were acting asking of us with respect to any and all financial losses
that they may incur. Um but I think primarily oh and and largely also to the continuing let's say request by one for approval rights over everything that occurs on our property,
right? We understand and are sympathetic that that these residents have property rights. We get that. So do we. We need to build this building, build it safely. We're going to do it in a in in a manner that causes the least amount of disruption to the neighbors and we're going to make commitments that are
reasonable. And I would go back to say with respect to safety again, had either one of those buildings accepted the safety protocol proposed, given my experience, how many of these types of agreements that I've been dealt with on my on in Sunny Isles, it would have been
the most robust safety program ever committed to be performed by a developer for any of these buildings. and we stand by that commitment we're going to have and and continue to make that offer, you know, available to them for their acceptance on reasonable
terms. Those are some problems. Do I think that these problems, these issues that were raised can be overcome? Of course, if we have a reasonable counterpart, I think that it's very easy to overcome. But we're committed to working with them in good faith and we'll continue to do so
even post approval. Also regarding the um obviously the the the vibration and the drilling and everything when it comes to monitoring this and having a stop work order because obviously the the monitors are going off right.
>> Mhm. I wanted to understand what were well first of all I wanted to understand if you have experienced this in the past with other um developments and um and I wanted to know just to give
me I know that you cannot give me specific specific uh examples but if you could give me some idea how this works right >> sure >> uh I understand that um Vice Mayor Viscara asked you a question and try to
understand the process but I don't know I mean I I I come from a land of earthquakes right um and do you go above uh 3.0 zero on the RTOR scale. I mean, what >> how does it happen? >> Well, it depends, right? So, these will
obviously be determined by the geotechnical engineers that install them, right? >> And there's a lot of factors that go into play, the age of the building next door, um the distance setback from the building, the type of construction, was it a concrete building or was it built
of some other type of material, CMU block, etc. So, there's a various things that will go into that. So it could I could envision a situation where there could be one threshold on one side and then one threshold on another. I could envision it being two very conservative thresholds, minimum thresholds which
then if it it were activity were to hit that threshold again it would require then the you know this geotech engineer to either get involved to monitor to see what kind of construction activity was going on. Was it as simple as, for example, if these monitors were being
installed on the neighboring buildings? Was it something that happened on on that building? Did somebody run into the seismograph? Were there people that were walking by it at that point in time? These things happen. Not every spike, not everything that's recorded by these
by these seismographs are connected to construction of the neighboring building. Right? The the the important point here is that these engineers are going to be monitoring this and they get this information in real time as things are occurring so that they can make
decisions immediately and that information is transmitted to the construction people that are on the site. >> Okay. And then regarding subsidance um so I understand that I believe the Armani Casa
was monitored for two years, right? Um, >> not to my knowledge. >> Huh? >> Not to my knowledge. >> Well, no. I I I'm I'm stating this because I had spoken to Arthur, so Arthur Gallagher about it. I believe that's what he stated. So, >> can you clarify what that means? I don't
understand. >> Subsidance when when the >> Oh, that's what it was monitor. >> Yeah. Yeah. Yeah. Yeah. So, to monitor that. >> Okay. And um obviously you know once the association takes over that that is not monitored anymore but it will be
interesting to know how long you're going to monitor for that and if you're going to be monitoring in real time and understand how that technology works. Um and if it could be I I would like to see
it being monitored for longer than than two years. I don't know what your plan is at this moment, you know, and um I don't know if that's going to be part of the uh good neighbor agreement or not, but from a city standpoint, I would like
to see it being monitored. Obviously, given the unfortunate circumstances that happened in in in Surfside, not not to say that, you know, it it came down because of because of that. I think there was other issues involved but you know I think we need to be
diligent and we need to be aware >> and cognizant and and be responsible and and and monitor for that probably way beyond the two years that the Armani Kasa were monitored >> and I would think Armani Casa had
requested that the settlement monitoring occurred throughout the course of construction and then for a period of two years after that. That was something that was >> correct. I I don't know exactly, but but I think that that that could be extended. That's something that I would personally like to um request and
include. And um I know that right now we're only talking about the site plan. There's no there's nothing um construction hasn't begun. There's no there's no actually engineering uh plans
or etc. But you know something that I I would like to discuss right now. So there is an understanding about that. Uh I see some gentlemen got up. Uh are we having we have some experts here? >> This is John John Paul Perez from the
rel group. He would like to speak. Please go ahead. >> Just because the issue of safety has been raised. It was important for Mr. Perez to just speak to you very briefly because it is his name and reputation. >> Thank you. Please go ahead Mr. Perez. >> Good evening everyone and then you know thank you for here. It's been a long night and John Paul Perez, president and
CEO of Related Group. Uh it's it's a firm my father started 46 years ago. Um we're all about legacy, right? This is uh and investing in communities. So we don't we don't look at just project by
project. We look at communities where we're building. We always work with our neighbors. You have we have a 46 year track record of working with our neighbors and making sure to do the right thing. This is going to be another example of us doing that. So, and on top of that,
there's a lot of risk. That is what we take. We take that risk for the city, right? So, safety is our number one concern. So, we would never do something that is unsafe to the residents of the communities that we build in. We hire
the best consultants in the world to put together the plans, the contractor, means and method to develop complex buildings like this. So, we have done this before for 46 years. We built over 100,000 units. We've been developing in
Sunny Isles since in the late 1990s with actually Gil Desert, the Desert family. So, this is another case of us. We are going to do the right thing. We are going to be safe. We have integrity. We're honest people. And and and we're going to work together. We're going to work with you. We're going to work with
our neighbors again. And it's funny because we have a lot of people here speaking that are living in our buildings. If we weren't allowed to build these buildings, they wouldn't be living here, right? So, we're here to add to the add to the community, bring another amazing, beautiful building, and
do it right. So, thank you again. And if you have more questions for me, I'm I'm happy to answer. >> Thank you. Thank you, >> Commissioner Lama. >> Yeah. So, also the the one of the um adjacent neighbors talked about a an escro fund of $50 million. Um
another neighbor, you know, I mean, what I'd like to see is to see this this conversation continue and now for all parties to be reasonable. I wasn't privy. I mean, I was not there at the meetings. uh did not witness the
or or heard the conversations, but I was just a little bit surprised when I hear that it took two weeks to to to meet when you know that there's a month, you only have one month. So I I was a little bit surprised to be honest with you when when I heard that there was like phone
tag going on for two weeks. I don't know the reasons, but this is an urgent matter and um I was just a little surprised to be honest with you. So to move forward, I would like to see some more sense of urgency, you know, not to say that not everybody had had that
sense of urgency, but but yeah, I mean, I don't think it's reasonable to wait two weeks to meet. >> Look, you you know, you have our word, you have my word, our family's word that we will get to an agreement with our neighbors, but again, we're we're talking about site plan approval, right?
We're building in Bell Harbor right now where we have to go two levels underground. neighbors on both sides. We came to an agreement with both neighbors, right? But we did we never had those discussions at this point in time because again, we don't have
>> we don't have the detailed plans to sit intelligently with them and and show them with our contractor in tow showing exactly how we're going to build this building and why we're doing it the safest possible way. So in order to have those intelligent conversations and be
able to cooperate and come to a fair agreement, we need to be further along in the process in order to have those. And again, coordinating schedules sometimes can be a little bit difficult, but I telling you, we we are on top of it. We have we have a whole team that is
going to be there to make sure that this gets done. Now, I mean, can there be some sort of letter of intent that an agreement will be signed between all parties? Because I mean, we could leave today with an
approval and then what happens afterwards? >> We still have to get a building permit. So, I I I think he said it earlier. >> Mr. City Attorney, can you please clarify for >> That's a different You can't condition. You can't require Exactly. Yeah. You can't require that at this point.
>> Uh but certainly to Mr. Spurs point, they have to apply for building permits and that's when you know they're going to have building plans. Those are things that a building official again they're relegated to the Florida building code which is pretty stringent. Um but those
are issues that will be dealt with then uh you can't make that as a condition of approval. >> No, I understand that. But I don't think our building department can make an agreement as a condition of their approval. So, they're not going to be involved in that. They're going to be
involved in in enforcing the the building code, >> right? >> Um it's it's just in simply not in your code. And as was stated before and we stated last month, >> yeah, >> you have to follow the essential
requirements of the law, which is your code. >> I understand that. Yeah. >> And to the extent that you want to change your code, to the extent you can change your code, that's what you need to do. But as the they they've gone ahead and invested and um again I'm I'm not arguing for them. What I'm trying to
do is with your record that you have a certain code in place and they rely on that code and not just them but any builder in the city relies on that code and if they have to check off all the boxes they check off the boxes. Now, there are certain things obviously in your code that um in the memo I sent you
that you can consider as you go through as you deliberate um but certainly uh that the code really got that's your essential requirements of the law and that's what you have to follow and the things you're raising now although perfectly valid are simply not in your code for this particular process.
>> I understand that. Yeah. >> Unfortunately. >> Okay. Do you have any other questions? Um yeah, one more question. So the TDRs, they they were obviously um they're what's in our code right now presently, whether we like them how
they've been, let's say, appraised or the formula we're using or not, right? I mean, that's what it's stated in our code at this moment, >> right? your your code sets the procedure. Obviously, as as Miss Canela said, uh at some point we you have no
qualified appraisers on your staff. So, as we do with traffic engineers or anything else, we require independent folks that we hire to do those assessments for us. So, to you know, as with any discipline, you have to rely on the professionals you employ, whether
they work for the city or they're retained as a third party. But as Commissioner Sufan has stated, I believe the applicant has committed to the extent because one of the things we want to do presuming SB80
allows us to is to re-evaluate that formula and if those rates go up then it's something that the developer is committed to abide by. >> Got it. Yeah. >> Okay. No further questions. >> Okay. I just
>> uh wait one second. Let let vice mayor speak. >> Thank you. Because I I only asked my question on the on the one thing that was brought up, but I was taking notes as as um the residents were speaking. So I I I don't know to whom these questions
will be >> to the applicant. >> It is to the applicant, but I don't know of you guys like who who's going to answer. But um I just wanted to go through the points that the um that the um residents brought up and I had in my conversations with the applicant actually talked about the expansion of
the sidewalk. Uh and uh I've been told that that's something that that will be implemented. Um with regards to the the shared parking, it it's eight spaces. I I understand
that that because the restaurant is going to be for the private use and so you're not expecting those spots necessarily to that that overlap is not a whole lot. Is it possible so that we're not asking for um for any exceptions to anything? Is it possible
to to like find those eight spots somewhere? Can we add stackers or can we redraw lines or anything along those lines or add tandem? I don't know. >> Yeah, we can take a look at that and try
to determine if that's possible between now and building permit. >> Yeah, just Yeah, I'm just asking to to consider that. Now with regards to the um to the issues raised by by um by the residents, one of them was that traffic
trucks would not be able to turn in directly. Uh who can answer that? If is that accurate? >> The site plan provides two driveways. There's a service entrance which is at the southernmost portion of the property
and that follows the south property line back to the garage entrance and loading areas. So that will be marked for the trucks um so that they don't stage in the roadway so that they're not conflicting with the residential
traffic. residents will have a separate driveway entrance and it will be separated slightly to the north of of the loading and and service. >> But that's not the question. The question is whether a garbage truck will be able to make the turn or is it going
to be one of those where they go in, they have to back out and then straighten out. the we have run all of the auto turn scenarios and our analysis shows that the trucks both fire trucks and garbage trucks can access the site properly >> in one go.
>> Yes. And uh and and we have worked with waste management already to make sure that our site plan works for their trucks specifically because they will be our service provider. >> Okay. Uh let's see what else do we have here. Uh let's see. The sidewalk was brought
up. Um let me see. Okay. Uh one of the speakers uh Sonia said that uh the two buildings are are differently impacted. Um I don't know if you can speak to that. Do you do you understand? I don't
if I were to assume uh I would say that it would be because the age of the building is different. So the construction criteria that went into the engineering of the two buildings may be different, but I have no way of knowing and I don't think anybody does unless they review the building permits.
>> Okay. One of the uh residents also said that um he believes that this this will increase our our property values uh because you you would be adding uh you know like a a nice building at some
point. Um let's see and uh somebody also brought up the uh the question of where is the the the benefit right where where we're doing this this transference of the TDRs uh and if I'm I I'm not I prefer if
somebody you know who's better versed in this than I am would explain it but like when we sell the air rights All right. Can can you explain that costbenefit analysis? >> Yes. So the criteria that he was
referencing was for a totally different municipality in a totally different state. He was discussing Manhattan in New York City um which has a different set of rules and development standards and considerations. This is very different. Um your code creates two sets
of benefits by a project. Uh the bonuses are all geared towards specific public benefits. Those include beach access, streetscape enhancements, public open space, and parking, as well as educational and cultural bonuses that
are all paid for with money that goes towards those specific improvements um or improvements need to be physically made um by the developer in order to achieve those bonuses, which we have done. Um there so there's a physical value to it and creating this
ocean spa oceanfront open space for example or an enhanced streetscape but then there's also a financial benefit to the city in in this case in the tune of approximately $14.4 $4 million. And then for the TDRs, there is, as the city
manager mentioned earlier, a fund uh or there potentially could be a fund, but today it's tied to your budget. And these monies are collected by the city and then allocated in your budget process to the places where you as a commission identify that the city needs
it most. So the public benefit comes to you in a monetary form upfront and then it is allocated to actual benefits in the future. >> And and I would I would add to that and and just this is how I view it. Uh it's it's already being given back to the
community. Uh not not directly to each to you know in your bank account but you get it back in service, right? Everybody here prays the police that that's fall from the sky. that's funded uh you know all their equipment and our drone
program which is state-of-the-art that's a benefit to the community that that is coming out of out of those monies right all our programming are the holiday lights you know our parks the the concerts the all those things that's that's how we give it back to the
community that's that's what happens and I feel that that's how how we give it I don't think we need a separate fund I think that's how it benefits It's everyone and it's not to particular people in particular buildings to everybody you know through the budget. Okay. And that's that's all and those
were all my questions. Thank you. >> I think Amy wanted to follow up with an answer. >> I just want to add something about the TDR benefit. The purpose of the TDR program is preservation and enhancement of open space. So the purchase is from the city's public TDR bank account. And so all of the rights that are in that
bank account are because properties have been dedicated to the city for parks and open space and conservation land. So that's how this bank was established and that's what they're pulling from. So that benefit has already been dedicated to the city. >> Okay. Commissioner Joseph, you wanted to
add you had a question. >> Is your microphone's not on? >> Sorry. I had a question regarding the dewatering. Has someone um had experience with dewatering previously that can answer that question? Why not? What can I What can I answer
for? >> You're the attorney. You're not an engineer. >> I'm not an engineer, but I've been part of plenty of dewatering >> discussions. That's what I've been. >> Okay. So, what is the last building that you've had experience with dewatering occurring? >> The last building that I've had
experience with dewatering? I mean, I think about every building that I've had experience with has had some type of dewatering that's had to occur around the foundation. What's your particular concern? >> Well, that affects the buildings, the adjacent buildings. >> Uh, well, I'm not aware
uh of any issue that's in Miami, city of Sunny is anywhere in the frankly South Florida where there's been a documented record of their dewatering having an effect on a neighboring structure. Okay. But this again kind of dubs tales back into the safety program that we said that we
would put in place. >> So you're aware that the water level in the limestone affects the stability of the limestone. >> I'm I'm not an engineer. I am I'm a lawyer by trade unfortunately. >> That's what I said previously. >> Yeah. And you quite correct, sir. Um but
I do hire a lot of engineers and they too tell me a lot about this type of thing and we've had experience with this. But again, I I think the point that Mr. Perez made is the right point that when this project is fully >> engineer so we don't have anyone that
can answer this question. Um >> if you're asking for a technical engineering question then I mean I don't have anybody here to answer that particular question if but >> I'm not sure exactly what your question is. Well, I'm I'm talking about the
stability of the adjacent buildings during the dewatering process. >> Um, if I may, Madame Mayor, that that is all part of our engineering considerations that would be part of the construction documents and structural engineering that would be done prior to
the issuance of a building permit. The dewatering criteria is not part of your city code site plan criteria for approval. It's not something that's identified at this point in time as part of the development
concept. It's something that has to be addressed prior to the issuance of a building permit. >> No, I understand. But these are issues that have come up in recent years that were not even considered five years ago. So there is a responsibility of the
developer to plan for cracks in the limestone or deficiencies or whatever might occur when the water is removed >> that is not anticipated
>> to the protection of the neighboring buildings. >> Absolutely. and and it is our responsibility as a developer and a property owner to ensure that the impacts of the development are contained within our property. That includes storm water, that includes, you know,
lighting, that includes a a lot of a lot of factors, and that's governed in part by your code, in part by the Florida Building Code, and in part by the Florida Fire Code as well. Um, so and and DERM, South Florida Water Management
District, Florida Department of Environmental Protection, there are layers upon layers upon layers of regulation that apply to the design and construction of the building once the site plan is approved and the project goes into the pre-construction phase. >> Yes. But once you're allowed to move
forward, there's no chance. This is the only time that the commission has any power to defer this hearing in order that you can make come to your agreement with the residents.
>> With all due respect, dewatering is not a factor of sight plan consideration. said, "No, I'm talking about >> what you're talking ordering regarding >> the the stability of the neighboring buildings regarding if there's an if
there becomes an issue with the limestone." >> Again, all of that is part of the building permit design process and cannot be answered at this time. That's going to be way after this fact >> as is done with every single building that has ever been approved by this commission and every commission in South
Florida, state of Florida and in the United States. Right. >> But what I was saying, >> unfortunately, there's things that cannot be determined at this stage of the process. See, as engineering changes, as as more information is is brought to light as to what you know,
what can occur, what deficiencies can develop, you have to work with that and change your modify how you deal with these um you know, and make uh
considerations for what might occur. I'll be super brief, but I think it's incumbent upon me as the lawyer to advise there's a difference between power and authority. The power that you're seeking to exercise to make us address these things now is beyond your
authority under your code for consideration today. And so again, we're here to police that the decision you make is based on your authority as a site plan review application and the requirement that we address dewatering
now is beyond a legitimate scope of the authority that you have under your code this evening. >> For for for me, I'm saying that in my opinion tonight, this project is not ready for approval. >> Okay. Um,
>> and I would I would be asking for a deferral. >> All right. Thank you. All right. Are there any more comments? >> Yeah, I'd like to um to to ask a question of Amy, >> please. Um Amy, if you don't mind,
please. >> I think it's something we haven't discussed. Um maybe we discussed in the previous um commission meeting, but I wanted to understand how many dwelling units can the applicant build without the
TDRs. Um so without the TDRs the number of units which is the base >> the base yeah >> plus the bonuses >> would be a max of 80 units per acre and that is 160 units. >> Okay. Okay. >> Which is more than what they are proposing
>> which is more. Okay. Now with the TDRs they are building 145 dwelling units. Right. Without the TDRs, we're talking about a total of 43,000 square ft,
which would be their their base, right? Or their base, let's say. And we're talking about 124,000 TDRs, which will bring us to a total, as the application stands right now, 400
524,000 um square feet. Correct. >> Correct. Okay. All right. So, BA basically they're building they're building less units, but they're bigger in square footage. >> That's correct. That's
>> and and their their um common areas would be bigger, too. Because they're applying some of those TDRs to the common areas as well. >> That's right. The floor area encompasses all >> Okay. >> Uh conditioned space. So, it includes like amenities, lobbies, gyms,
corridors, things like that. Yes. >> Okay. >> Now, let's say we don't we do not give the applicant the TDRs. They're discretionary. I mean, what guarantees us as a body,
as a city, that they would not build the 160 dwelling units. You know, I mean, it's it I mean, we're talking a lot. We're going back and forth a lot. I think my main concern is the the safety, right? When they're building the the the structure. >> Thank you, Amy.
>> Um, thank you, Amy. Yeah, my main concern is the safety. I want to make sure that there's an agreement between all the parties, the adjacent buildings, and that when we construct this, you know, I'm concerned about the watering,
drilling, vibration, monitoring of this. Obviously, I'm concerned about the ingress and egress of emergency vehicles, but I think those must be addressed when we move to the like there's a second phase with the construction phase and we talk to our
building department. >> Um, the building department >> I'm concerned that what >> we don't talk to the building department. >> Well, when the staff talks to Well, now we we will >> I was >> No. Well, we direct st we direct the city manager. If let me just say one
thing. I was at um a resident's house a few weeks ago that I've been working with for years. He had bought a property and it was um not up to code when it was sold to him by the developer. I He had it all redone, put in hundreds of
thousands of dollars to have it brought up to code. And I was there. He had an inspection on the windows. The inspector came in and uh was looking at the window and it said a certain size
on the window on a sticker and he didn't he read it incorrectly and it was that this window was rated up to a certain size, not that it was the size of that particular window that was installed. So he wasn't passing the windows because he
was reading the sticker incorrectly. >> Well, okay. That's >> Can we just stick to going back to the issue? I think >> I got a call from the city manager >> saying I couldn't be there because I was interfering >> and I had to leave in order for the
inspection to go through. >> Okay. Okay. Understood. >> Apparently, we have no right to have any interaction with the building department. >> Well, per charter, we we we we direct everything through through the city manager. >> We're not allowed to direct the city staff. Correct. Um
>> correctly. Yes. So, So going going back to my point is that you know we we could take away the TDRs. I mean this is this is the question, right? We could take away the TDRs. They could still build 160 units. They'll be smaller, you know, but you'll you'll still have the same
you you'll even have more dwelling units in that building. >> Now let me ask you with the TDRs, can they still 260? >> No, we're doing one at a time. Please, >> what if they come back and they visionary? Jerry, let let me finish. >> You're not recognized right now.
>> Let me finish. >> So, the the the issue here is that my main concern is that when they do when they start building this building, whatever size it is, I just want to make sure that the adjacent buildings are
safe, they're not impacted by the drilling, that the monitoring that needs to to to be in place is in place. And that also, and I know this is out of the scope, but also our building department is privy to
those um reports, vibration reports, etc. So, we could ensure the safety of of the residents. Okay. And um I would like to see an agreement happen between them. Obviously, that's between them. It
is I mean they could be talking for three years and not come to an agreement but they do need to come to an agreement. I don't know how we could you know further promote that if they could sign some sort of le letter of intent that they are going to come to an agreement but I think both parties well
all three parties need to be reasonable and they need to you know be as uh you know diligent as possible to come to an agreement in regards to that. >> May May I answer one thing?
>> Go ahead. >> Okay. >> Well ask her. >> Yes. May I answer? >> You can speak now. >> So I I would like to clarify for you because um but in order to do that I have to ask a question of Stan. >> Dan, may I ask you a question regarding the building department?
>> Go ahead, Mr. City Manager. >> Sure. >> Okay. So Florida code, building code is that who is that to protect? Is that to protect the homeowner or is it to protect the building department
that a structure is built to city, county, and state code? >> Go ahead. >> I I didn't write it, so I I couldn't tell you. >> Where's the >> I can tell you that it's not to protect the homeowner.
Okay. So when when Alex when you were saying that the building department is going to look to protect the property rights of the residents, that's not true. After this leaves tonight,
there is nothing that the city can do to protect the residents. Again, we have a building permit process that is very vigorous and >> it's a separate it's every building in this city has been built pursuant to the
applicable building codes which are controlled by the state of Florida and to some extent very limited extent by the county. Um it's not easy to get a building permit for a structure this size and there's a lot involved in it and there's a lot of disciplines involved. So yes, the the
building department is heavily involved with regards to and your building official who has autonomy um to ensure that the building code is followed to the letter. >> Yes. But not to the protection of the
residents. >> We don't dictate that. The state of Florida and the county dictate that. You don't have independent authority to dictate what the building code is. >> I'm not looking to do that. >> Okay. And it's not even part of this >> fact. >> All right, >> please go ahead. >> I have an offer.
>> Sure. Thank you. >> I think it's the time of the night where we could we could use that. We are going to voluntarily profer the vibration monitor the vibration monitoring that my colleague Mr. Thomas highlighted before. Um so that you can
impose that voluntarily upon us as a condition of a site plan approval. Whether we reach an agreement or not, we are we are profering that as a condition. Should there be a will of this body to accept that condition, I'll have Mr. Thomas will read it. There's a court reporter here. And those can be
conditions of approval that whether we reach an agreement or not, we are committed to do the vibration monitoring as outlined by Mr. Thomas both on their side, you know, on both on both sides as well as our own. >> Mr. city attorney. Is that something that could be added to this?
>> They're volunteering it. Uh again, if if you can't require it of them, but if they're volunteering it, they certainly can. You know, we we'd have to put that obviously. >> And I would just say we would need their consent both part if they were going to allow us to put >> right. You'd have to put it on their property, of course. >> But to that extent, since they're
volunteering, um you could certainly put that. I mean, again, you can't impose that on them, but if they're volunteering it. >> Sure. All right. >> Sure. Commissioner Lama, are you done? >> Yeah, I'm done. >> All right. Uh, let me just have Commissioner Joseph finish. Are you
finished? >> Yes. I would just like to say that um >> not really finished. >> Not to be naive, but I just would like to have the two parties have at least another month to work through the issues
and then have this come back to us. >> Okay. Commissioner Stuison, did you want to add anything? Well, we're going this is the final. We're going to take a vote on >> We're going to take a vote before your comments or you don't have any comment? >> I'm asking you. It's your turn. You're
being recognized. >> Okay. So, you don't have any comment because they make a massive investment on getting you elected. >> Okay. >> Commissioner Stuen, >> it is your turn to speak. Otherwise, I'm giving the floor to Vice Mayor. That's right.
>> Okay. Hey, I have comments to make after your comments or you don't have any comments. >> Go ahead. You are you are being recognized right now. >> Okay. So, you don't have anything to say. >> You are being recognized right now >> because of the party that they did to you two weeks ago. >> You are being recognized right now >> or the free office they give you a
picture. >> Commissioner Stuison, can we stay on topic, please? >> Okay, sir. >> Okay. Okay. >> Okay. This is a quasi judicial hearing. >> Okay. >> On a site plan application. >> And I do have other comments. I'm I'm desperately trying to protect your
record and protect whatever decision you make this evening. >> Thank you. >> Please stay on topic. >> Thank you. >> Well, this has to be because maybe the vote of the mayor is compromised. So, I want to make sure that on the record she is that's not the case. City attorney.
Okay. No, I don't have my comments yet. Ready? >> All right. >> I may Sorry, I have something else. >> Okay. >> So, thank you very much. you profer to to monitor vibration whether you reach an agreement or not. Will that include um subsidance too?
>> Yeah. Okay. >> For how long? >> For for the record, the answer was yes. Um I I I will need a moment to confer before I answer your question about for how long? >> Yeah, please. >> Yes. To that to the question from
>> All right. I'd rather us not be I'd really I'm going to say that there's going to be no yelling out. Okay. >> The question that was asked was whether they would share the data. >> Thank you, Vice Mayor. >> Uh we will monitor obviously throughout the uh entirety of the construction
process. >> Sorry, one more thing. >> This just seems like a very haphazard way of doing things. >> All right. This is this is uh Commissioner Lama. Did you have another question? >> Could we do a year after construction has ended?
>> I mean I'm I'm trying to be sure >> better safe than sorry to be honest with you. Yes. >> Okay. So, um I appreciate your questions uh because I had similar similar things in my mind, but you gave
me the numbers to attach to it. So, uh, as I see it, remember that this is supposed to be a very narrow conversation, right? And I I feel that we're in a pick your poison, uh, situation. >> So, either we go with what they're
asking more or less with the adjustments that we're making, which is 16, I'm sorry, 145 units. The building can be just as tall. It's just going to be a matter of, you know, it's it would be narrower because it would be less if we don't if we don't give the um the
extras, right? So, you can have 145 units that are not dense or in order to make up their money, they can follow, you know, not get any extras and then you get 160 units with more people just
smaller. So those are those are that's a summary of the options, right? So um I just wanted to to put that out there because it's it's not uh the and I think that's been
repeated here. Everybody understands like turning it into a green park is is not it's not on the table. So it's what is going to get built and the two basic options is that what what they're asking for which is has extras according to the
code that we didn't make that was made long before. Uh and or we force them to to stay within the code and we lose out as a city on on that financial benefit that we would get. Plus you get more people, more
cars. That's that's the other side. It's smaller building, but you can get more units, more cars, and the city doesn't get the benefit of of of that transaction, which we would then give back to you in service. So, that's the
two poisons, right? I would prefer a green park, but that's not on the table. Okay. >> All right. So, before Okay. Commissioner Stson, do you have something to add? >> Yeah. to EC Jerry's points. Section five
of the resolution says authorization of city manager. The city manager is hereby authorized to do all things necessary to effectuate this resolution.
Clearly that is a very open given. So I have a few comments about that. Condition number four says of the declaration of restrictive covenant, the applicant must submit a declaration of
restrictive covenant for vital elements like the beach access assess ement park ement and sharing park spaces. However, the resolution like it says states
that it must be and I'm quoting now in recordable form acceptable to the planning and zoning department and acceptable to the city attorney meaning it would not even come the the the commission will not even be informed
about all these vital elements. Also condition number 12 says it governs the demolition and construction staging and traffic management plan which dictates lane closures, sidewalk closures and
construction safeguard. It is said here in the conditions that the and I'm quoting the staging plan shall be approved administratively by the city manager or designate against
not even informing the commission or you guys. Condition number 13 and condition number 14 regarding the consultant's comments on vehicle and site issues. The resolution states the city manager or his designate shall review and provide
additional comments if necessary. Then condition number 18 says the applicant's request to install moodles on the construction fence and is to be approved by the city manager or designate. Same with condition 21. The applicant is
required to underground utility lines and install pavers consistent with calling an avenue sidewalk plan. Again, consistent is not even defined. Condition number 22. The city manager is
given unilateral authority to hire outside consultants to review the application quoting as the manager shall deem reasonable necessary. Condition number 23. To pay for the aforementioned consultants, the applicant must deposit
funds into an escro account. Quoting out in an amount to be determined by the city manager based on his or her evaluation. Condition number 24. This is perhaps the most egregious one. To
ensure the applicant performs the required public improvements, they must furnish a bond. However, the resolution state the bond will be quoting in an amount determined by the
building official. Furthermore, it states, quoting, "As improvements are made, the city within its discretion may reduce or eliminate the bond amount." So, over and over,
even though our city manager is being very quiet tonight, almost everything is going to be on his hands from now on. So I'm making um um I'm proposing in in in which is going to
be part of the conditions um that section five gets re rewritten as follows authorizing the city manager and mandatory reporting. The city manager is hereby authorized to do all things
necessary to effectuate this resolution. However, the city manager shall res be strictly required to provide a comprehensive written monthly status report to the city commission and the
public detailing any and all actions, determinations, consultant hidings, escro mounts, adjustment, performant bone valuation, traffic staying approvals and restrictive covenant negotiations undertaken by the administration pursuant to this
resolution. No final determinations regarding performance bond traffic staying or restrictive covenant shall be executed without prior presentation to the city commission on the public record. Meaning that the authority is
still in his hands as our code apparently says, but at least it will be transparent. We will be informed and the public will be informed >> with no recalls. No recourse. Okay.
>> Um, >> no recourse. >> To get clarification, are you asking for this to be included in the approval? >> When we are ready to make a motion, I'll be making a motion with conditions. >> Okay. Before that even happens, Mr. City
Attorney, can you clarify if that's something we can do? If you all want to check I it's kind of hard to understand exactly what is being asked. >> You have it in written there if you want to read with more details. I I gave you a copy so you can if you want.
>> I haven't read because we got them right before the meeting. So I haven't read them. >> So >> this is the email that you sent before the meeting. >> Yeah, it was sent by the city clerk. >> But it was literally before the meeting. >> Yeah. Like like when before we've been giving things before the meeting to vote on. >> But when did you write that?
I gave it to the city cler today. >> But when did you finish writing it? >> Today. >> Okay. >> Which one are you referring to? >> The one about the staff report. >> The memo says comment regarding the I'm sorry. The TDR appraisal for Miami Beach
Club. If we need a recess, we can take a recess. >> Well, you all have I'm not deciding. You are the ones that decide if you want that language change. I I do not >> I don't I can't I have no idea even what we're talking about because I haven't had an opportunity to read it. >> So, you need more time to read it.
>> So, we'll have a deferral. >> No, we're not going to do that. You can't just give me something to read before a meeting in order to go ahead. >> Uh I wouldn't do anything different with this project than I've done with any of the other projects in terms of my reporting over the past 13 years.
>> Okay. Okay. So, is everyone done? Yes. >> Yes. All right. >> We haven't heard your comments. >> Give a chance. >> Thank you. So, we've been here for over three hours and I want to say first of
all um thank you to everyone and their patience and those that stayed. I know a lot of people have left. >> I love that one. >> I um would love it if this many people came every commission meeting. Um what ends up happening is is that people show up when it affects them directly. Um, in
fact, that's how I actually got involved with the city. It was a building that I opposed. Um, I heard a lot of comments that I agree with. Um, because I felt them personally. I grew up here. I moved here actually in 1987 before the city was incorporated. And,
uh, it's interesting that we have, you know, two of our founding fathers here, um, who were, you know, good or bad, have been very responsible for that skyline. And so when I would come back to visit after I
moved to New York, uh I was that person that would, you know, sit on the balcony at Winston Towers visiting my parents and say how horrible it is, what's happening to the city and this is terrible and there's no sun and now you there's no view from Winston Towers and what's going to happen here and it's
just not the same place. But then I moved here. Why did I move here with my family um when I was pregnant with my third child? because it became a city that was much much better to live in than Manhattan. Uh because you had
everything. And with every passing year, I still do complain, you know, to various people. I can't believe that the skyline looks the way that it does, but at the same time, I get that benefit as we all do. Um when the Armani was being
built, it was the same thing. Um so I get it. I get that it's not fun and that it's growing pains and nobody wants to have anything next to them. I have a house in Golden Shores. Commissioner Joseph lives in Golden Shores as well.
For a long time there was only empty lots next to me. Um and that was great. >> And we have a connection to the east side. So, uh, one of the empty lots finally got built, uh, to the point where it has completely covered my son
and it's feels like it's encroaching on my land, but it's to code and, you know, ultimately it's this isn't about what we personally want. This is about us making a decision based on our own code um, and
what we can legally do. I like the fact that we um spent so much time having this conversation. I feel very confident that the people sitting on this side, the developers are committed to doing whatever it is that needs to be done
because after all the years that I've been sitting here, I have never seen this level of cooperation. But I think a lot of it has to do with you all because you've been committed to also showing up and and participating. Um, I feel that this commission also
cares very much about what's going to happen, but at the same time, we are bound by our code. Um, but with that being said, I do appreciate the concessions that were made and I think that to I think Commissioner Lama's
point, um, the city manager and the staff have heard all these comments and they do get direction from us. So even though it's not part of the site plan, um it is direction that we have given as far as
what we'd like to see happen with this project. Um so with that, uh I think it's time we take a vote because it's almost 10 o'clock. >> I would like to make a motion. >> Okay. Thank you. I need a second. >> I would like to make a motion for a two-month deferral.
>> Well, we you want to make a motion for deferral. Okay. All right. I need a I need a second, please. >> Okay. >> So, it dies. All right. Now, >> I would like to make a motion with conditions. >> Okay. What are your conditions that you
like to do? >> There are conditions that are very specific. the volunteering vibration monitoring and subsidance by the applicant to split the promisory note in two one for the FS another one for the TDRs
because they should not be combined are completely different type of um financial agreements and the third condition and I think it's a very simple one and we will add to the
transparency of the process will be to rewrite section five to how I uh I read it before meaning that at least we are going to be informed of the different things that are going to be happening
with the project and it's going to be informed in this body. We're not going to be voting on it. So, it's not that we're going to be approving the traffic plan or the demolition plan, nothing like that. But at least if we want to um
give the impression that we have some transparency in this body to for that to be presented whenever there is something to present. We are not asking to the city manager to give a presentation every month and say there is nothing to
said. So whenever there is something to present to keep the commission and the public informed. So those are the three conditions the volunteering vibration monitoring the split of the promisory notes and to rewrite section five.
>> Okay. Um Mr. City attorney how does that need to be clarified? >> Well with the language proposed that I'm reading here um >> I mean obviously you would all have to agree, the manager would have to agree. Uh it says a monthly status report. The only issue I don't know from a
logistical standpoint if it's uh uh tenable >> as we go through the process. The last sentence though does def basically render you the decision makers because it says no final determinations regarding performance bonds, traffic
staging or restrictive covenant shall be executed without prior presentation to the city commission on public record. So, in regards to all those things, we're dead in the water until it's presented to you. So, essentially, it delegates that authority to you, which is isn't
really part of your code, but >> well, that's a way to interpret it because what it says, we have a meeting every month. So, what we are asking or what I'm asking here and I think we should approve it is to for that to be presented to us, not voted on. is just a
simple presentation letting us know what is it what is it about the performance bonds staging etc >> please go ahead >> ju just on a procedural note and and thank you for the suggestion if that's the case I'm not sure that belongs as a
condition of our development order that could be by separate commission action to have the reports given because that would put us in a position where if the manager does or doesn't do something that potentially we're in breach of a condition that that's beyond our control to accommodate. We we we welcome the
reporting. We just can't be the guarantor of what happened. >> Okay. So, Commissioner Stewen, would you be comfortable with a separate resolution that is requesting a report from the manager? >> Well, actually, the thing is that it's not a condition for the applicant. It's section five, which is at the end of as
part of the resolution, not at a condition that they have to do anything about it. This is something internal or more administrative like like I said like section five says usually we are authorizing the city manager to do everything necessary to make it happen.
This is just adding a little bit more. And if you want to uh limit a little bit the scope of it, I'm I'm okay with it. But basically what I'm requesting here is a little bit of transparency and a little bit of informing us and the public about what's going on. Not a
condition for the applicant. So what if you did as a separate resolution that places the requirement on the manager? I'm comfortable with that for the manager to give us the monthly report but not associated to their site plan is my point. >> I don't think it's needed. I think if
you can we can put under discussion items every month uh update on project and it's done. That's it. >> Yeah. >> I think our building department I mean can can give you the update. We discuss
it. they we get the update. I mean, >> right, but like for exa for example, traffic staging is included in there. So, if we have to wait a month to come see you for traffic staging and something needs to occur, it's going to delay their project. >> So, then we get into issues with that. So, that's why I'm saying from a
logistical standpoint, I mean, we'd have to look at the code more carefully, but I think logistically it's it's not practical and it it's going to be very difficult. >> If you want to make any modifications, I'm okay with that. But I think section five cannot give anything and all the powers to the city manager and to be so
obscure you know to what's happening. So it's a very simple to make it the condition to be not a condition for the applicant. Like I said nothing to do with the specific conditions of the site plan. It is not even in the staff report or as a condition for the applicant. So
you guys will not be burdened by this you know and if you want to say that nothing in in the last sentence that you said no final determination regarding performance ball blah blah blah will be before the presentation I'm okay striking that last sentence there is no
problem you we can take it out but the the point here is a little bit to be a bit more transparent with the process and keep the people informed of where we are when we are there >> mayor Yes, >> if I may. >> Go ahead. >> I already provide the commission with a
monthly report that's comprehensive. Uh there's complete transparency in all that we do, including our budget. So, I don't want to confuse this issue with anything that has any sort of requirement on me. This is strictly for
their site plan approval. So adding that third condition I think puts an undue burden on me which is a separate issue from their site plan. >> Okay. I I see what you're saying and I and I agree. Um well she motion.
>> Okay. So you're making your motion. I'm making a motion like I said with the condition of the transparency of section five the split of the promisory note and the volunteering that the applicant is willing to do with the vibration monitoring.
>> Yes. But I believe that that should go further. >> So so so what so what I'm requesting from my commission fellow commission is to have to be a little bit open-minded. Like I said, the promisory note has to
be split because we are combining two financial documents. Section five can be written by the city attorney in a way that he feel comfortable uh that we are doing it with the code and okay with
that and the volunteering of the of the vibration is already being volunteered by the applicant. So I think is the minimum we can do to give back to the people and make them feel comfortable. Uh we were able to at least
accomplish those vibrations etc and security measurements that the the Alex wanted. So that's what I said if you need to take a moment to breathe and consider
this compromise. I would like for the commission to to to consider. >> Right. I don't think that Wait, one second. I need the city the city attorney to clarify this because it's getting it's late. I think everyone is tired and I want to make sure we're not doing something that first of all that we don't understand and second of all,
we can't tie any condition to the applicant. That depends on the manager. So, Mr. City attorney, could you please give us >> It's not just tying to it, but you'd have to agree to the specific exact language to the word. you cannot leave it to me to look at the code and draft something because if for some reason you
don't agree with what I come up with, we would have to come back here and redo this and we can't do that. So, um >> I'm going to say on on on the record, Mauricio, for the next five meetings as my discussion item, can you put on a
discussion on update on this project? Okay. >> So, we're not voting on it till the fifth meeting. >> We're voting. I'm saying I'm adding a discussion to get an update from the manager so it's not tied to their zoning. >> And again, what you're talking about, it's it this is a long way away.
Performance bonds, traffic staging. I mean, the restricted covenants can probably come sooner than later, but um all all that's that it's a way in the future. >> No, I understand. I'm saying for the purpose of transparency and so that the public knows that we don't intend to just vote and walk away. We will have a
conversation at least in some point get an update from the manager as to where the project is. >> If that is your intention, why just don't put that line that we're going to be getting updates. >> Okay, just take the vote. >> All right. So, all right. So, you made a motion. I need a second.
>> Okay. First, I have a question. >> There's a motion on the table, Jerry. Well, I had previously asked regarding the motion to have the motion expanded. >> Your motion died. >> No, >> her motion on the table. You can amend. You can amend it.
>> I would like like to speak about having it amended. >> You want to amend vote >> to her motion? >> No. To amend her her proposition. >> Her motion. You want to amend her motion? >> Okay. >> Okay. What's your amendment? So I would
like to have further monitoring of other issues added not just vibration issues. >> We have vibration and subsidance. What else you want? >> Vibration subsidance. I would like something regarding uh uh the adjacent
structures uh regarding uh structural damage. Something mentioned What is your request? >> I would like to have some statement regarding the responsibility of the developer for any structural damage to
adjacent buildings. >> To be to be responsible for to be responsible for it. >> Yes. >> Yeah. That >> they have insurance for that. >> That can't be a condition of the sorry, but that can't be a condition on the site plan approval.
>> Okay. >> All right. Let's go. >> So, how is the how is the vibration monitoring? >> Because they're volunteering. >> They volunteered it. >> So, I'd like them to further volunteer >> to pay for all damage to any buildings.
>> All right. We're going to we're going to uh take a vote. I need a second to uh Commissioner Stub. >> Otherwise, there's never going to be an agreement between All right. The residents and the developers. >> We have a motion on the table. Commissioner Stuben, do does anyone need a second for her motion?
get something at least. No. >> Okay. Motion dies. >> All right. >> I I like to make a motion. >> Please go ahead. >> My motion is Oh, sorry about that. Okay. So, my motion is for approval, but obviously
how can we integrate the splitting of the promisory notes? So, we have two promisory notes >> which they agreed >> to Fabola's um >> which they've agreed to. They agreed to that and also the monitoring of the vibration and and subsidance
and uh for that to be shared directly with with the with the city and to us if we could be copied directly on that please. And then um yeah how that that could be
included in the vote somehow. I know that they volunteer for that but Mr. city attorney. How can we include that in that in their approval? >> If they're in agreement, we can put that as one of the positions. With regards to the monitoring,
uh presumably you would report be reporting that to the city and then we can distribute it as we want thereafter. I mean, they would only be required to provide it to the city. I presume that's what you're agreeing to. >> And then with the splitting the promisary notes in two, I believe they've already agreed to that. So
again, we can't require them to do that, but if they're volunteering to do that, then we could include that in the conditions >> and and then it would become a public record. So it would be available to anyone. >> What's uh >> once once it's shared with the city, right, that becomes a public record and anyone can >> that's provided to the city would be a public record.
>> Okay, I need a second. >> I will second his motion. >> And I just want confir can we get confirmation on the record from the applicant? Yes, we confirm uh that we accept the motion as uh presented by commissioner
Lamas uh based on our profered conditions which are the vibration monitoring to be provided to the city and to split the promisory note between the bonuses and the TDRs have two separate notes >> and the monitoring is for construction plus one year >> plus one year after.
>> Yes. And I I I misspoke vibration and >> subsidance monitoring. Okay. >> For for up to one year for one year during construction and one year following completion completion. >> Um upon the condition that they grant us access to do it. >> Sure. I don't expect you to trespass on
their land. Um okay. Uh Mauricio, let's take a vote. >> I have one further question. >> No, we have we have a a vote on the table. We have a motion. >> Go ahead. >> Commissioner Joseph, >> I vote no.
Commissioner Lama. >> Yes. >> Commissioner Styverson. >> I vote yes. And I want more transparency. >> Vice Mayor Riscar. >> Yes. >> Mayor Spetchin. >> Yes. >> The application is approved. 4 to one.
>> Thank you. All right. We're going to take a brief recess. >> We have seven more pages of agenda. >> I welcome everybody to stay. Please. >> Don't leave us. >> We're only on the first item, guys. This is when we have >> the scooters coming out.
>> Oh my god. >> Great job. >> Congratulations. >> Thank you. Yeah. >> Congratulations. Great job. Congratulations. You did a great job. Congratulations, sir. Okay,
>> next item. >> Okay. U many commissioners, we're going to hear uh the next item 9A 9B since they relate to the zoning application. >> Okay, let's do that. So 9A is a resolution approving the purchase and assignment of transfer development
rights in the amount of 120,972 and8 square feet of floor area and 48 dwelling units from the city's public TDR bank account to MBRE Investments LLC. >> All right. Um do we have any public speakers?
>> No. >> Okay. We've spoken about this at length. >> You have a question? >> Yes. Go ahead with your question. Okay. So, if we vote yes on the TDRs, can the developer still come back with a
modification to do the 160 units? >> No. >> What? >> So, the the TDR taking the TDRs locks them in to 140 units. >> 145. >> 145 units.
Please go ahead. >> So the site plan that was just approved establishes the number of units at 145. If they want to deviate that like increase, it has to come back to the city commission as a major site plan modification, >> right? But they've already received the TDRs
>> for 145 units, >> right? So what happens if they come back with a site plan that you now want to go to 160 units? >> They have to >> What happens with the TDRs? >> You have to approve it. It's a major site plans modification. They'd have to come back to the
commission and we do this all over again. >> Okay. Can you um I need a motion. >> So move. >> I need a second. >> Second. >> All in favor? >> I Okay. N >> noted. 9B. 9B is a resolution approving
the terms and conditions of a promisary note for the payment of approved bonuses and transferable development rates in the amount of 26,649,84959 for the approved site plan application submitted by MBR Investments LLC for the
project entitled Miami Beach Club consisting of a 62story residential condominium tower with 524,212.8 8 square feet of floor area ratio, excuse me, floor area, including a 2,390 square foot private restaurant and 145
residential dwelling units. >> Okay, this needs to be revised. Correct. >> These will we'll have to bring this back because we'll have to agree on the language of the promisary notes. So based on the concession made or the conditional approval >> with plan, we'll have to bring that for next month.
>> Defer to def we need to defer or >> it's a resol. Yeah, you could defer it. It's a resolution. So, it's not advertised. So, it's not like you have to do to a state specific, but we'll need to work on the terms of this. Uh, >> okay. Mr. City Man, um, clerk, do we need a deferment? >> Yes, please.
If if I may before the vote, madame mayor, um because the total amount doesn't change and the concept of a promisory note doesn't change, would it be possible to amend the resolution to identify that this payment will be made
in the form of two promisory notes for the same purpose as described in the header of the resolution? >> Can we do that, Alan? Well, the code actually requires you to accept the terms of the actual promisary note, which you don't have at this point because they're going to be split.
>> The terms are the same just >> Well, I don't know that because I haven't seen the promisary notes that are going to be split and >> it's a it's a form. It's a city standard form is my understanding >> which has been asked to be split. So I you the way you you all are supposed to
approve the promisary notes themselves >> in your code which you technically don't have at this point. >> Okay. What's >> what is the concern? >> Um it's just coming back another month. Um but also I mean I we could probably
draft something this evening and if we want to hear it at the end of the agenda. >> Not feel comfortable advising my client on the fly on two new promisary notes. We want you to stay comfortable. Thank you. Okay. Thank you. >> It's late. It's late. This is when mistakes could happen. We don't want a mistake. >> Okay.
>> We'll try to get them to you well in advance. And perhaps >> I don't want to I don't want to add an an extra zero by accident. >> We'll wait till Monday to send them to you though, so you can rest tomorrow. >> So So we'll make a motion to defer. Okay. >> Okay. I need a second. >> Second. >> Second. All >> in favor? I
>> Okay. All right. Now we're back to 6B. >> So 6B is an ordinance No, excuse me. 5B. 5B is a request from Blue from Desert Blue Grass for a conditional use
approval, variance, and site plan approval for a temporary off-site sales center located at 18325 Collins Avenue. >> Okay. Good evening, mayor, vice mayor, and commission. Uh, this is zoning application PZ 202215 for the Miami
Beach Club Sales Center. Oops. Uh, the applicant is the owner of the property, Dieser Bluegrass LLC, and the subject property is located at 18325 Collins Avenue. It is a rectangular lot located on the east side of Collins
Avenue, and it is currently developed with the Bentley Sales Center on the southern portion of the lot and the remaining portion of the Bluegrass Motel condo on the northern portion of the lot. And that's what you can see on the aerial image on the screen. The future land use category for the property is
mixeduse highdensity resort and the zoning district is mixeduse resort. The application before you includes several requests. The first request is a conditional use approval for an off-site temporary sales center because the sales center itself is not located on the
actual development site. The code determines that this needs to be approved by conditional use which has to come before the commission. staff found that the application um was consistent with the conditional use criteria of the code and recommends it to be considered by the city commission.
The second request is a setback variance to reduce the north sideyard setback from 20 ft to 11 ft. Um the land development regulation require variances to be reviewed against seven distinct criteria. Um and it also states that the variance
must meet all seven criteria in order to be supported by the code. So staff reviewed the setback variance against the code and found that it meets most of these criteria but not all. In particular, the proposed structure is temporary and it is significantly smaller in size than what is permitted
on the property. And that is a special exception, a special circumstance to this project that's um not applicable to other structures in the district. That being said, literal interpretation of the setback requirements would not deprive the applicant of rights commonly
enjoyed by other properties. The third request is for site plan approval of the one-story temporary sale center with 4,480 square feet of floor area. And finally, the applicant requests the use of graphics and murals on the on the temporary construction fence.
Here is the proposed site plan. I'm going to allow the applicant's team to go through more renderings and walk you through the site plan, but I just want to point out that what is in yellow is the proposed sales center and what is blue is the existing Bentley sales center. Okay.
>> Should the requested conditional use and variances be approved by the commission, then staff finds that the proposed sales center to be consistent with the land development regulations and recommends that it be considered by the city commission along with the conditions outlined in the staff report. Thank you. >> Okay. Thank you.
>> Good evening, Madame Mayor, commissioners. For the record, West Heavia, at 3800 Northeast 1st Avenue, Miami, Florida, 33135, here on behalf of Desert Bluegrass. We're pleased uh to present the sales center application for the Miami Beach Club, which is the previous item that
was just reviewed by this commission. Our entire team remains present here today. So, if you have uh any questions beyond my presentation, we can make folks available to uh respond. I could get the presentation up. So, as mentioned by Amy, uh this location is
several blocks south of where the actual Miami Beach Club Tower will be. It is immediately north of the existing Bentley uh sales center, and it is uh just south of the Bluegrass Condo Hotel. And this was provided to the clerk by email, but I wanted to hand out a hard
copy as well. We have a letter of support from the condominium board, what remains uh of the Bluegrass to the North, and I'd like to enter it into the record. Sahara, my apologies, Sarah. So again again uh as Amy as Amy
mentioned the the just to the south of the subject property is the existing Bentley sales center and you'll see on your screen the current conditions of the Sahara to the north which would which is the subject property and would be demolished to make way for this uh
proposed sales center. Um >> bluegrass >> bluegrass. Thank you. bluegrass. Correct. Uh and so the requests, as Amy laid out, are are several parts as required by code, a conditional use, a site plan, approval,
uh uh temporary construction fence graphics, and then a minor variance along the northern portion of the sales center, uh which I'll get into in just just a moment, but uh it's about the the current required setback is 20 ft, whereas we're proposing a 14t building
setback. And if you count the roof overhang, it's an 11 foot request. So you you saw this image on the screen previously in in staff's presentation. One thing I wanted to note is the nice thing about having unified ownership between the existing Bentley sales
center and the proposed uh sales center to the north is the fact that we can actually create a nice internal connection via an internal roadway, which allows enhanced maneuverability and additional flexibility. It's a nice connectivity that would otherwise be unavailable if they were separate
owners. So, uh, just to discuss the variance request very briefly, again, it's it's along this sort of slender portion of a of a modest size sales center building where the current setback requirement is 20 ft, which was really designed, as you know, for large
towers. This is a modest uh sales center building, which is one story. Um so it is a you know a minor request which we believe is appropriate in the context um it'll help fit the proper programming for this building this sales center which is you know modern top class and
really includes some some of the features that we that we prefer to program in here and need to program in here which I'll get into in just a moment. >> May I ask a question really quick? That's not a a beach access. >> No, this would be a private uh you know
establishment. Yeah. And >> yeah, there's no current beach access. Yeah, >> correct. Um, and I'll mention again, this this building is quite a ways, just to go back just a moment, this building is quite a ways set into the property. It's lushly landscape it landscaped. Um,
so it's tucked away. You won't even really necessarily be able to see much of the building. Uh, from the street, which is an improvement over, you know, what's there, you'll be looking at landscaping for the most part. Um, and then of course the building size is is is rather small. Um so floor plan so you
know you're all familiar with what what a sale center is. Uh this one in particular will be designed uh around a main entryway which will lead to several activated areas including a a uh a model of the proposed building and of and and
a media inter an interactive media area for visualization and other ways of looking at what's uh proposed. And then there'll be other areas throughout such as conference rooms and similar but also samples of of what the units and components of the units will look feel
function like. And again it'll be a you know concierge size uh type experience where you arrive you know by appointment and you're ushered through uh you know to the various areas and to have the various discussions interactions you
need to assess the the the project. Uh, elevations. I'm breezing through this out of respect for everyone's time, but elevations again, one story, modern design, top quality finishes. Again, our architecture team is here if you have any questions. More elevations and just
a summary of everything that Amy and I just went through in terms of the technical requests. Uh, we agree to all profer condition, all the conditions requested by staff and, uh, we respectfully request your approval. Thank you. >> Thank you. Do we have public speakers?
>> We do. Alan Alan call. Okay. >> Your name and address. Alan >> Alan Call 18335 Collins Avenue unit 158 and 159 Sahara Beach Club. Um they've always been good neighbors to us. They have the Bentley sales office there and
I anticipate no problem or any problems with them. There's a fence divided there and if they can put up with the temporary hotel guests that sometimes we have in the complex we take no exception. >> Thank you. Any other speakers? >> No ma'am.
>> Yes. >> Yes. IB. Yes. >> Uh, Victor Matos. >> No, we don't need this one. >> Yeah. Thank you. >> Even better. >> Your name and address for the record, please. >> Victor Mats. Um, my address is 119
Southwest 6th Avenue, Miami, Florida, 33130. I represent Trump Royale Condominium as a general manager. Uh once this notice went up, my emails and phone didn't stop ringing because
the property isn't directly adjacent to us. And even though we love desert developments, we know that we want to make sure that the property itself once it's being developed has all meets all of the criteria to
prevent dust, all of any vibrations or anything that could be affecting us directly. Also, our residents are very concerned about the building of the cell center and the use of it because we
know that the developer has been very extravagant with parties and what have not. So, we want to make sure that our residents are not inconvenienced. >> That's it. >> Thank you. >> Thank you. Any other speakers? >> No other speakers. Okay.
Um, anybody from the commission has a question or comment? >> All right, I'll take a motion. >> Motion. >> Mayor, just for the record, you're voting on three different resolutions. There's one for the site plan, one for the variance, and uh the conditional use >> separately for each
>> uh you should. >> Okay. >> Okay. One second. >> Do I do I need a separate motion for each or can have one motion? >> Okay. While you're getting that, I just want to address the parties
when um any parties and and correct me Susan if I'm wrong that are had on the beach, they require a permit. >> Yes, ma'am. >> Okay. And what do we normally do with the neighbors? Are they made aware of it? How does that work? It depends on the extent of the party. If there's
fireworks or something like that, yes. But typically, no. There's no required notice to neighbors. >> Okay. >> Since we're all negotiating, would you all be willing to just let them know if you're going to be having fireworks? >> Thank you. >> No, they're at the Trump.
>> Just invite them. >> We're north. We're north of Bentley Bentley sales center. >> Right. Right. Right. On the other side. This is true. >> Okay. So, the first motion would be for the site plan application submitted by
Desert Blue Grass for a temporary sales center consisting of a one-story building with 4,480 square feet of floor area ratio. >> Okay. I need a motion. >> Motion. >> Need a second. >> Second. >> All in favor? Hi.
>> Okay. Next item. Next. >> The next motion is for the variance submitted by Desert Blue Grass to reduce the north side setback from 20 ft to 11 ft. >> Okay. I need a motion. >> Motion. >> Second.
>> Take them. >> All in favor? >> I. >> Okay. >> No. On the variance. >> It'll be a no. Okay. Third motion. And the final motion is the zoning application for a conditional use. >> Need a motion, please.
>> Motion. >> Second. >> Second. >> All in favor? >> I >> I. >> All right. Next item. >> Thank you. >> Imagine the pressure this guy had. Everybody lagged him. >> He went after all of you.
>> Bye. Thank you. Look, I get to go home. >> Everybody. >> Okay. All right, Mauricio. Next item cuz Come on. >> So, we're now in ordinances for first reading. A lot of people for the scooters. 6A is an ordinance amending
chapter 256. >> All right. everyone. >> Okay. >> All right. Go ahead. >> Okay. 6A is an ordinance of the city commission of the city of Sunny Alis Beach, Florida, amending chapter 256, article 6 entitled motorized scooters,
coasters, skateboards, and other similar wheeled devices. >> Section 256-47 entitled requirements and restrictions. Section 256-48 entitled penalties and enforcement. and 256-49
entitled effective date of enforcement of the court of ordinances of the city of Sunny Al Beach establishing a an age restriction for the operation of motorized scooters requiring governmentissued photographic identification for the operation of motorized scooters and enhancing
penalties and enforcement providing for repealer providing for severability providing for codification and providing for an effective date. >> Okay. Uh we have co- compliance manager coming to present this or or the city manager. >> Yes, it's going to be me. >> Okay.
>> Mayor, vice mayor, members of the commission in in consideration always of transparency. The main thing I want to tell you about this ordinance is and this is based on your direction. people under the age of 16 are not going
to be allowed to ride electric scooters. So, if this passes, this means that when school starts, there's going to be obviously we're going to do our education and enforcement like we've been doing. But I just want to make you all aware if this passes when school
starts, the children are heading to school on the scooters, um we're going to be out there doing our enforcement. But this is based on results of the survey and based on the workshops and the meetings we've had. So based on
that, we can answer any further questions. But I wanted you to know that up front. >> All right. Let me just start first with No, I want if we have any public comment and then we'll start. Okay. >> You have any public comment? >> Yes, we do. >> Okay. >> Stephen Hirs. >> Steven Hirs. 17201
Collins. Long evening. I'll try to make this really short. And the city manager uh kind of already stole my thunder in the sense that um the legislature allowed us to do with
min uh minimum age requirements for scooters last year and this ordinance presents that. Um, I I look off my balcony and I see uh children going to school, coming from
school routinely, quite a few, a lot. So, I present my thought to the commission for consideration that there be an exception allowing students of the Norman Saddle Cup K through8 school to utilize
motorized schoolers solely to going to school and coming home returning after school. It's a finite number of uh students that would be uh allowed this privilege.
uh parents would uh that rely on that as a mode of transportation. It's easy to say, well, they can just walk to school. But some of the children are at a greater distance than uh most parents at a tender age would want their children
to walk. At least on a scooter, you're you're moving a little quicker, less chance of of something happening. >> Really? >> Um I don't know about that. scooters. This would be given as a privilege, not a right to these children. It could be
coordinated uh appropriately. And the second comment I have of the uh proposed uh ordinance is it removes uh any type of a warning and it immediately assesses a fine of $250.
less than no less than 250, no more than 500. And um the problem I see with that, as I've seen in other locations, uh especially, you hear this when we implement red light cameras and other
types of camera devices, um people are going to say this is just a revenue driver if uh we are immediately giving a a violation as opposed to a warning. As I said, it's a it would be easy to determine who the
cycle or the scooter driver is. Um, and it could be uh first warning that would be in the database that's used by the city so that the second time an enforcement officer would know that this is should be uh cited or finded.
Thank you for allowing me to talk. >> Thank you. Do we have any more speakers? I agree. But I believe he left. >> He left. Okay. >> All right. Public comments closed. Commissioner Joseph. >> Yes. So I believe that
we if we were to pass this ordinance tonight, second reading in March, 30 days education. We That brings us to May. We still have a month during the regular school year
or half a month. When does school end? >> At the end of May. >> End of May. So, we have a full month to have the scooters off the streets as 70% of our residents wanted. We have to adhere to our surveys where
we have 70% of our residents want to feel safer on the sidewalks and uh taking the scooters out of the K through8 will do that I believe. >> Okay. Anyone else? >> Yeah. >> Go ahead, please, Vice Mayor.
>> Okay. So, I know that there's been a lot of frustration around this issue for a long time. Uh, and I think that we've been very proactive within what we were allowed to do. People just wanted us to like tackle it right away, but the laws
didn't allow it and then when the laws changed. So, we've been doing what we can do as the laws allow us. I think um I was disappointed that when we tried the registration that the school didn't really cooperate with us, but I'm I'm hoping that the school will help us
spread the message once they can because it's going to affect their students once they um they're no longer allowed. As I mentioned uh in the workshop, I think uh we should time this I guess we can use discretion in terms of enforcement that we should time this with the end of the
school year because it's um you know as if you're a parent that's I wouldn't be putting a nine-year-old on a scooter. I disagree that you know the tender age is better on the scooter than the walking. I think tender age means you need to be
making plans to get get your kid to school in a supervised manner. Um but right now I think we need to time it uh with the school year. Um for those who are upset that this is going to be taken away, I think they need to understand that like the students have been the
problem and the students haven't not all of them but enough of them that um that we needed to take this action. Um, and since we're going to be requiring ID, I I asked at the workshop that we see if we can get like the mini flow um back
like during the summer and like get the word out for the teenager so they can get that ID because it doesn't matter if you're 17 or 18. If you don't have ID on you, then you're in violation of that ordinance, right? Well, actually, I guess it wouldn't apply. Yeah, it would. >> Okay. And if you're relying on a scooter
to get your kid to school, that doesn't mean they're without options. Okay. They can ride a bicycle. They can ride a scooter without a little engine. It's not that you're out of options. And yes, you can walk. Um so, so that's it. I think um I don't know if we implement the grace period or whatever, but I
think we should time it with the school year and we'll have the summer to get it to get it um to get do the education and everything else. >> Okay. Commissioner Lama, any comments? >> Yes. So I think this is a um first step
in the right direction hopefully. Um I think the enforcement portion is going to be a challenge, but it's got to go hand in hand. There's got to be consequences obviously for for for the offenders, but there's got to be
education as well. Um I do think that the first violation, the first offense should be a warning. Okay. And that's it. You get one warning and after that, you know, you you you do
have a fine. I agree with the amount um of the fines. Uh the first fine 250 is it's okay and then 500 because it's got to be impactful where we really
are able to make our streets safe. We don't want any tragic accidents and um we just need to work on the timing of this. I think there's got to be an education portion and um I would
like to start it once the school year starts, but I mean we're still in February, so I I don't want to wait that long because a lot could happen from now until when do they go back in August, right? >> Yes. >> Yeah. I mean I don't know. Let let's discuss the timing of it, but I I would
like to, you know, start before. >> Okay. Commissioner Stewent, >> I just want to make sure that the motorized scooters, it's going to be >> all those kind of vehicles like little motorcycles, etc. are being part of this
in the definition, right? >> Not for the restrictions you're imposing now. That's only for motorized scooters. The only other thing that the legislature has done is allowed you to do those same type of restrictions for ebikes. And again, I think we spoke at
the workshop last time, ebikes are distinct. They have pedals, they have a motor, but that does not include the type bikes like the dirt the electric dirt bikes. It doesn't include those. Uh but those are the only two types of motorized micromobility vehicles that
the legislature um is allowing local governments to regulate in the sense of age and uh ID. >> So so so we are regulating everything that we can basically. >> Yeah, we haven't done ebikes yet. We haven't touched ebikes. This is strictly for motorized scooters.
>> Okay. So those little motorcycles are not being part of this and we cannot >> not not the age and the and it depends on if it's the little motorcycles if it's actually if depending on the size of the engine and so on and so forth. They may be
regulated under state statute differently. It depends on the CCS and everything else. But uh yeah, this this is strictly for motorized. I'm totally fine with this and for this, but can we um do the research to maybe put this to
include that those little motorcycles and all of that because they go very fast and they're having more and more and they're very little. I see eight years old on those >> the little motorcycles I believe based on and again depending they may be regulated by by state law. Um
>> yes, July complaints mandatory. I just wanted to add that there is a a bill that's being passed right now that actually involves the ebikes. So, we may want to wait obviously until that passes to see because they are trying to regulate it further because that has been an issue and
>> correct >> uh that they've perceived in in other municipalities. >> Okay. Thank you. No, like I said, I'm totally fine with the way it is right now and just to keep that in mind and monitor that those regulations that they are doing in Tallahassee. So later on we
can either expand the ordinance or you know make a different one etc. because like I said I my son is seven years old peers of him had those little motorcycles with a big helmet and everything. It's just extremely scary
how a parent will do that. I see them almost every day during the soccer trainings over there. So, I'm just saying it is scary. So, we need to try to protect our little ones. So, and about um the government issue ID. I only have a
question about that. Can it be um our um residence ID? No, it has to have picture date, birth date on it, which you don't have on your um >> Can we change it to be able to put the picture and all of that? So, in case
that some people maybe don't have the requirements to because of legal status or whatever, uh to get a government issue ID with the um this DMV um we can do it or at least consider something
like that. I mean, I defer to the manager, but it's it's a tough business to get into to start issuing because you have to, you know, you do it slightly with your your youth programs now where you have to have birth certificate certificates, uh, you know, proof of age, things of that sort. So, it's a
it's a tedious process to issue those. Um, and then also there I haven't looked at it lately, but you want something like that's issued with Florida that's not only tamperproof, but you can't copy and make fakes and stuff. So, I'm not
saying no. Legally, you probably can, but that would defer to the city manager about that because that's that's a big business to get into. >> Maybe for next month if we just can consider. I'm okay with the um completely okay with taking it the one with the DMV, but just to keep in mind
that some people might not be able to get it. So, if they come to us, maybe we can do some sort of exception with them. Okay. >> I think our our ID requirements are probably even tougher than the state ones. >> But now, when it comes to immigration, that's the thing.
>> No, I think anyone can get a state ID. You just can't get a driver's license, >> right? Despite >> to consider that. Yeah. Okay. And and when it comes to the accommodations with the um timing, uh I'm okay with everything. I would not make any
modification to the ordinance. Uh however uh to what we're we what we were discussing before um as a mom as well uh when you have certain accommodation that you are used to that they come either walking or the bicycle or whatever to
make that different accommodation within the last month of school is not that easy for certain people. So I know we are going to be in that period of education. So if we can just you know make it a little bit longer and be a
little bit more on the education portion of it until the end of the school year that way uh they know it's up to here that you can do it and that's it and you know and take it from there. So they know from May to August that by August it does give you the time to do the
accommodations. >> So sorry may I say something? >> Yeah go ahead. Yeah, I I sorry regarding the timing. So, um I I know that it's written that we're going to implement this 30 days after the second reading, right?
>> I I I I mis maybe I misunderstood um Vice Mayor Viscara, I thought you said that you wanted to implement this when the school year starts again in August. No, I want to I just I just want what what what Fabola just said. Like like if I had a an eight-year-old, I would never
let my eight-year-old ride a scooter, okay, by him. >> Correct. Okay. >> But let's say that I did and that's just how my life works and that I have it set up that way. >> And now all of a sudden I can't >> and what am I going to do, right? I may not have the resources, you know, like I put myself in that single mom
situation. Yeah. and and I I uh I would I would be I would be in trouble, right? How am I going to get my kid to school if I have to go to work or whatever? So So that's why I think we if we,
>> you know, we can however you guys want to handle it, but if we can just make it so that we really have until the end of the school year, like with May, whatever, you know, we're talking this is April. We're saying stretch it to May. let let kids let give give families a chance to to make those adjustments
and and then we have the whole summer >> to you know educate hopefully the school get on board with this one. I I really was very upset with them. I I still am upset with them about that. Um and you know educate them and do all you know everything else and and parents can then
go buy a a normal bike or you know whatever. >> Okay. So maybe instead of 30 days to give 60 days >> 60 days >> and so to give a 60-day uh um time for the education portion before we start giving the fines.
>> Okay. >> Yeah, I think we're going to have to have a very intensive campaign. >> Yeah, we we can put that in there. And als you can also always we could put 60 days in the in the ordinance, but you can al if you need an extra you don't need to start, >> right? That that's to your discretion.
So you can always push it further if for some reason something comes up without going back and changing the ordinance. So >> So are you saying that a um 8-year-old is safer riding a scooter going through red lights than walking? >> What? No, no one said that. Um okay. No
one said that. >> Oh, it sounded like that. >> No, that's not what I said at all. I said exactly the opposite of that. >> No. Um yeah, I I think that um this is going to be very tough for our community.
But uh I think to I forgot who said this, but it's because of the behavior that we've had to do this. Um and I would I would love it, Steve, if we didn't because I agree with you. So many students use it to get to school. And I'm not going to make any commentary on
what people decide to do for their kids. You know, everyone has the right to raise their kids however they want to. But once that oversteps into the safety of others, that's where we unfortunately have to get involved. I am not I think we should not be in the business of telling people how to parent their kids,
but we have to make sure people are safe. So, it's going to be tough, but I think uh we have to do it. So, all right, I'll take a motion. >> So, move >> with the 60 days or we're going to leave it to enforcement. >> 60 60 days. >> Okay. With the 60 days, >> I don't even know if we need it. So, >> I mean, we can put in 60 days.
>> Yeah. >> Okay. Okay. >> So, we need to amend it. So, we're planning for everything to take effect when the new year >> throughout the summer and then new school year starts. No good. No. Yeah, that's right. >> Yes. >> So, it'll all be in effect. The education will be
>> We'll have the whole summer to do all of that and the first day of school there will be no scooters, >> right, >> going to school because those kids are not 16, >> right? >> Okay. And if the parents are the ones driving, that also doesn't apply if they have a kid with them, right? Because we can't have two per thing.
>> So, okay. So, motion with the uh 60-day amendment. >> Yes. All right. >> And I'll second it. >> Okay. >> Mauricio. >> Commissioner Styverson. >> Yes. >> Vice Mayor Piscaro. >> Yes. >> Commissioner Joseph. >> Yes. >> Commissioner Lama.
>> Yes. >> Mayor Setchan. >> Yes. >> The ordinances passes on first reading five to zero. >> Okay. Next item, please. Next item is 6B which is an ordinance of the city commission of the city of state Florida
amending chapter 265 article 5 section 265-11 entitled procedures of general applicability and section 265-18 entitled administrative site plan review of the code of ordinances of the city of Sunny Al Beach to clarify update and
streamline development application procedures providing for repealer providing for servability, providing for transmittal to the state planning agency, and providing for an effective date. >> Okay, Amy. >> Okay. Good evening, mayor, vice mayor, and commissioners. Um, this ordinance
amends article 5 of the land development regulations, which is entitled development review procedures, and this ordinance accomplishes two things. First, it removes the requirement for applicants to submit physical documents and therefore allows us to transition to a fully digital process. This will
improve efficiency. It's more convenient for our customers and provides better record management. The second is that it reiterates something that is currently implied by the code, but it's not expressly stated, which is that development projects must maintain all elements of an approved site plan and
the conditions of approval um in perpetuity unless a site plan modification is approved. I'm happy to answer any questions. >> Do we have any public speakers? >> No. Yes, we do. >> Okay. >> Stephen Hirs. Stephen Hirs 17201 Collins. Real quick,
just anytime I see something that reduces um paper reduction acts and makes things and saves money and digitizes. It deserves some acknowledgement. Um and I
appreciate Amy for her doing this. Thank you. >> Thank you. Any other speakers? >> No, ma'am. >> All right. Are there any questions? >> No. >> I'll take a motion, please. >> Motion. Second, >> Commission. Vice Mayor Viscara, >> yes.
>> Commissioner Joseph, >> yes. >> Commissioner Lama, >> yes. >> Commissioner Cyson, >> yes. >> Mayor Fetchin, >> yes. >> The ordinance is the ordinance passes on first reading. Um, it will also be referred to the local planning agency
prior to final approval. >> Okay, next item. >> Actually, just a correction on that. It that actually doesn't need to go to the state planning agency. So that was we'll correct the the title before second reading. >> Okay. But it will go to the local planning agency. >> Yes.
>> Next month, not the state. Yes. Okay. Six C is an ordinance of the city commission of the city of Sunny Alis Beach, Florida, repealing article 3 in chapter 108 of the code of ordinances of the city of Sunny Alles Beach entitled sea turtle protection standards and creating a new article 3 in chapter 108
entitled sea turtle protection standards to establish updated regulations and standards for coastal and beach artificial lighting providing for servability providing for repealer providing for inclusion in the code providing for an effective Okay. Good evening, mayor, vice mayor,
and commissioners. This ordinance proposes to repeal the city's existing sea turtle protection standards in article 3 of chapter 108 and replace it with an ordinance that follows and was drafted from the Florida Fish and Wildlife Commission or FWC's model
ordinance. The FWC is required by statute to establish guidelines that help local governments reduce the impact of artificial lighting and they have created the model ordinance for reference. However, it is up to each individual jurisdiction, whether it's the municipality or the counties, to
enforce, to adopt and enforce their own ordinances. The FWC has three main guidelines for light visible from the beach, which is keep it low, keep it long, and keep it shielded. This means that fixtures need to be as low as possible to the ground and produce the
lowest wattage or lumens necessary. that the light bulbs produce only long wavelength light and that is what creates that amber color that we're familiar with during the sea turtles nesting season. And finally, keep the point source of the light shielded and facing downward.
Our current ordinance addresses some but not all of these guidelines. Primarily, the current ordinance does not require the long wavelength color. So, we have taken the FWC model ordinance and modified it for our community's needs. The ordinance addresses various types of exterior and interior lighting. I'm not
going to go through all of them right now, but I'll be happy to answer any of your questions. Enforcement is going to be split into a few different categories. All new construction at time of adoption of this ordinance will need to be in compliance. For existing developments with light visible from the beach, there is a
three-year grace period for exterior lighting to come into compliance, as well as the interior of commercial businesses and the amenity or common areas of buildings. The interior lighting for individual condo units and hotel guest rooms is encouraged. They are encouraged to reduce or eliminate
the visibility of lighting from the beach at nighttime, but they will not be subject to full compliance of the ordinance. Um, strengthening this ordinance is just one tool to help decrease the number of sea turtle hatchling disorientation events. So, thank you. >> Okay. >> I have a question.
>> Wait one second. Do we have public speakers? >> No, ma'am. Not for this one. >> All right. Go ahead. >> Okay. So when you say disorientation, is that that they end up dying? >> They go to the other side. >> No, no, no. Hold on. >> A disorientation event is when the
hatchlings don't go towards the ocean. They go in the opposite direction. >> Okay. And do they turn around eventually? >> Um I can't answer that. Sometimes they're found and rehabilitated. Sometimes they die. Um it's just a disorientation event.
>> Okay. So I have uh let's see in total nests in 2025 in Sunny Isles we had 89 nests and 34 disorientations. What is meant by a disorientation?
We don't have people standing out on the beach waiting for the to turn these turtles around. So what happens? >> Every morning they they go out and they check the nests. >> Yeah. This the Miami date turtle conservancy. every single morning during sea turtle nesting season, go out and they count the number of nests and they
document any disorientation events that they notice. So they can determine a disorientation event by the tracks that are made by the hatchlings. >> And so if they're going away from the beach towards, you know, the west side and they're kind of making these crazy track marks, that's called a disorientation.
>> So they're out there every morning. So they find them and they turn them around >> if they can find them. That's it's not necessarily that they can be found. >> Oh, okay. So, so this is not a complete um you know it's not enough information
or because of the lighting the way it currently is that's the reason for the disorientations. Correct. Or there are always disorientations whether it there's no lighting issue. >> Disorientation can happen for different reasons. Artificial lighting is
something that worsens disorientation events. So like I said, >> the main cause, >> this is one tool that we can use to help decrease the number of disorientation events. >> I understand. But to what degree is the lighting a reason for the disorientation? >> I couldn't answer that. I'm sorry.
>> Well, we need to answer that because we're putting a lot of money into, if I may, >> the lighting issue. >> It's known as one of the primary causes of disorientations because the turtles are oriented by the light of the moon. Correct. >> And that's how they they're able to know which way to go. But as far as the
extent and the specifics to that, that would be a question for the uh conservancy. >> Okay. >> So, we need to have that answer before we go and >> cause all this money to be expended. >> Go ahead, Mr. City Manager. I just
wanted to add Commissioner Joseph because this came up during our workshop and I wanted you to be aware that this the implementation of this ordinance would also affect city uh property
thereby affecting our budget. So that we're going to have to adjust our lighting, the lighting along Collins, >> and it may also include if we can't retrofit the existing light poles, it may cause
us to have to install some sort of new light pole with u an accompanying easement agreement. >> Right. >> So there are budgetary cons uh considerations. >> No, I have that all here. That's what I'm reading from. Okay.
>> Yeah. So, I mean, this could be at least a million dollars or more. >> Plus, we're not considering the uh the the buildings on the beach. We're talking about causing these people to have to get shades.
So, you know, $600 for each window that we're causing these people, you know, to have code enforcement go after them. Otherwise, I think we need to understand this disorientation better.
>> It's encouraged, not forced for the Yeah. >> Commissioner Stew. >> Yeah, I'm totally in favor of this. Yeah. >> Okay. Anyone else? >> I'm I'm in favor. >> Um I'm I'm somewhat aligned with Commissioner Joseph because I am
concerned about the cost. I love the turtles. I love the environment, but when it hits our budget, I I did not know that we would have to be changing so many of our fixtures, and that concerns me. >> But also, where we have the empty lots,
>> right? It's what do we do there? >> Yeah. So, you know, there was a property across the street that was in violation, then you know, that property across the street, you know, whether it's >> No, but that's us. We're the property. >> Yeah. I mean, we we may have to adjust
some some some lighting as well in our in our buildings. Um, just one thing to clarify. Yeah, it would completely be like the city manager mentioned be an impact to uh the city's budgets. There are >> seems like a real slippery slope. There there are available grants uh through
the department of transportation and FWC and through the conservancy where they have uh helped some municipalities with some of the costs and and and changing the lighting fixtures. And we received an email today also mentioning that
there's also the potential of, you know, alternate means of compliance, perhaps shielding and things that we may not need to completely retrofit um some of our lighting. Again, those are just potential options. That doesn't
mean that those are actual options for us at this time and that it wouldn't be a major impact. And >> thank you. >> Are we able to to uh Mr. city manager, are we able to apply for grants be without doing this?
>> The issue for the grants is I'm always concerned about grants because of the conditions that go with the grants. So, we can certainly research it and look into it >> and report back to you. >> I'm just concerned that once it becomes an ordinance, we've now created
>> a mustdo for us that we're not exactly sure how much of an impact that's going to have. >> I think this needs to be deferred. We can always undo an an ordinance. >> I know we can undo, but um uh Commissioner Lama, >> I don't think this is something that needs to be rushed.
>> Wait, let Commissioner Lama speak. >> Yeah, I I I think we could wait on this. I I'd like to um study it more because obviously it is an expense. I mean, you're talking about, you know, 600 per window. Um, you know, if you put the the
the covering, if you put a new light bulb, it's I think it was either I don't have it in front of me, $150 to $300 per per light. So, um, I think in it it requires further discussion. >> My concern is also the safety because I
I right now we already at least I am um asked have been asked to make it brighter um and and beach accesses in those places. And so this would actually make it dimmer. >> So So my question is because because I mean this is something new. I'm not an
expert at this, but how much of a difference would this make from the current code that we adopted in 2009? Obviously there's a current code right now to to to protect sea turtles and and the nesting and everything. So is this
going to make it a lot better? I mean that maybe we should talk to someone from the conservacy. I I I put them in contact last year with the Mauricio and we are very low rated like we are bad compared to what we are doing legally to
protect the sea turtles. I don't know if all this came from that connection but um we are rated really really low. So we can I can share what through Mauricio the what they gave to us and the
language that they recommend. Uh but the the reality is that that is the issue you know like when they hatch they look for the white light of the moon >> and when you have the white light on the west side um they they will go there
especially if it's a dark night moonwise you know >> so we're killing the turtles you know and this is their land so I I don't think this is this is a this is a no-brainer for me you know anything we can do to protect them. Um, clearly we
can afford it, you know. So, it's just again we we spend so much money in things that they are so unnecessary. Uh, we don't even know what is going to be the price tag of this. You know, it can be very small, it can be bigger, it's going to be an
investment for the future. So I I I don't I I don't even think this was going to be such a big discussion about it. You know, again, it's just a no-brainer. >> All right. So, I'll take a motion. >> I make a motion. >> Okay. I need a second. >> I would like to make a motion to defer.
>> Let we have a second. Um Mauricio, >> we can take a roll call. >> Yes. >> Okay. >> Commissioner, >> I can make a motion to defer for more information. Let's vote on this and then if you want to defer.
>> Commissioner Joseph, >> no. >> Commissioner Lama, >> no. >> Commissioner Cyverent, >> yes. >> Vice Mayor Viscara, >> yes. >> Mayor Setchan, >> no.
>> The motion fails two to three. >> You can bring it back since you if you want to. Okay. >> Well, I'd like more information. Like I said, I know it's important, but I'd like to have more information. Um, next item. Next item is 8A
which is an ordinance of the city commission of the city of Sunny Alis Beach, Florida, amending ordinance number 2025-635, approving budget amendment number BA2526-1 to the city's operating and capital improvement budget for the 2025 2026
fiscal year. authorizing the city manager to do all things necessary to implement the terms and conditions of this ordinance, providing for an effective date. >> Mayor, vice mayor, members of the commission, this is the second reading of our budget amendment uh that helps
record fund balance and purchase order carryovers from prior years. >> Okay. Do we have any public speakers? >> No, ma'am. Not for this one. >> All right. I'll take a motion. >> Motion. >> Need a second. Second. All >> in favor? >> I >> I
>> um I'm going to make a request. Um I know this is not usual, but it's a really late night. Can we move up their item, >> which is >> I don't even know. What's your item?
>> It is item 9S. 9S. Can we move up 9S? >> Yes. >> Yes. Okay. Any objection to moving up 9S? All right, Mauricio, >> what is 9S? Okay, 9S.
>> Anyone that was going to speak on 9S, please fill out a public speaking card. >> Okay. >> No, I'm saying anyone else. Yes. HS is a resolution directing the city manager to assist the Atlantic Isle Civic Association in developing a right-of-way agreement and any related agreements
necessary to permit the installation of a vehicular gate armed security system at the entrance of the Atlantic Isle neighborhood subject to commission approval. >> All right, just hold hold on then just let the manager go ahead. Mayor, vice mayor, members of the commission, we
discussed this at the workshop, but the interest of the homes along Atlantic Isle is to install a gate arm. And although they have agreed to pay for the cost of electricity, it would also be on private property. Because the gate arm
would extend into our right of way, I'd like to get permission from you to have some discussions with them and enter into some sort of an agreement that would clarify insurance and liability. >> Okay. All right. Public speakers,
>> Danny Glacius. >> Um, if you all want to come up together, that's fine. >> But you have to hold hands. Um, >> hey, we've set through this, >> so I'll Yeah. >> Danny Glacius, 27 Atlantic Avenue. Okay,
this is this is an easy one. You had a long night. Here's one. We'll bring it up. It's not going to cost the city anything right now. If you go to our Atlantic Isle, Little Island, you see there's a lot of people making a a right turn to go in. They're speeding. They're going over. When you want to leave the
island, we want to make the light. So, and I'm one of the ones that does it, too. we go speeding a little bit fire so we can make the light. The idea of the pause gate is to prohibit for safety to make you physically slow down even though when you approach it it's going
to open anyway. You see that there's a barrier. We cleared it through DOT know some people there >> and um it the other thing is that we will be paying for it. So, it's safety for the welfare of the area. In addition to we also think that it'll be twofold
because of the fact that we've had some robberies in the area. As you know, we've had cars stolen. >> And even though if anybody's going to steal a car, they're going to steal it no matter what you put. We all know that. It's still a physical barrier like, "Hey, we have a camera looking at
you." You know, give the guy maybe a second thought. Maybe I can go someplace else like your neighborhood or something, you know. >> Thank you. >> Are you buying the gate? Are you getting a price? >> Anyway, guys, just kidding. It's been a long night, but that's what we are. And we we even though I know that the city
has a lot of money, we're still going to pay for ourselves. >> Okay. >> Did you want to add anything? >> 550 of them, Danny. Huh? >> 550 of them because people are going to be crashing in >> 50. Don't worry about it, you know. >> Yeah. >> All right. Um just say
>> go ahead mayor. >> Um >> could you just give your name and your address for the record? >> Popac uh 307 Atlantic Atlantica. Um if you have any technical questions about what this is, I have the plans that we're proposing and um they are actually
breakaway arms for safety. And in case of an emergency, they just go to an open position automatically. In casea not emergency, in case of a power failure, they just go they go open. They have a battery in them. Yeah. >> And that's it. And they're very easily replaceable. And so they're meant to be,
you know, to to be hit if if that happens. >> Um, and all the all the residents can have very easy manual if there's some sort of total failure. It's a very easy thing to fix and to to just put it up manually if there's ever an issue. So
that's never um I would like to mention that we have a letter from the fire uh Florida Department of Transportation saying that they don't have any any issues with it. We have um all the conditions of approval from the Miami Dade Fire Rescue and they gave all their
condition approval. We met with the uh the chiefs at their construction division and um uh they gave us all the conditions we need, the Knox box and the various concerns that they had. Um and pretty much seems like people in the
city are very for it and uh yeah makes a lot of sense. >> Okay, thank you. That was two of you in three minutes. All right. Uh any comments from the commission? >> Yes, if you they can you guys can share that um the plans and the keep us informed about the status of the project because we have like very very little
information but just keep us informed and share that with us so we can have it. Okay. >> Sure. >> We'll send it to everyone. In fact, I believe Susan has the plan >> through um because I'm your neighbor. Okay. So, thank you for that. I will make the motion. Yeah. >> What's happening with the bridge
reconstruction? >> So, we just need I need I need a second, >> if I may, just to clarify their agreement that we're going to enter with them is going to come back to you for approval as well. >> All right. Uh all in favor? >> Yes. Hi.
>> Okay. Thank you. Thank you for sticking. Good night. >> Have a good night. to stay for the rest. >> Sure. Right. All right. >> Thank you. >> I'm glad I'm on this side now. You bring >> Thank you. >> All right. Now we go back to 9
D. Right. >> We are at 8B. >> 8. >> Yes. >> No, we're at nine. >> 8B. >> I thought we were resolution. So 8B is
an ordinance of the city commission of the city of Sunny Alis Beach speech, Florida, amending chapter 14 of the code of ordinances of the city of Sunny Al Beach section 14-18 entitled settlement procedures to amend and clarify procedures for the reduction of fines leans and penalties providing for
repealer providing for severability providing for codification providing for an effective date. >> Okay, Mr. City Manager, >> Mayor, Vice Mayor, members of the commission. This is a second reading uh regarding a revision to our chapter 14 for settlement procedures for code violations. >> All right. Do we have any public
comment? >> Uh yes, we do. Stephen Hirs. >> Stephen Hirsh 17201 Collins. Just real quick, um this adds to what originally was done in September when we allowed uh the city manager to give an extension of
time to cure a violation. And now uh this gives him the proper language to for uh extenduating circumstances um and be used only in rare occasions. I think that's for the benefit of all of our residents. Thank you. >> Thank you. Any other speakers?
>> No, ma'am. >> All right. I'll take a motion. >> Motion. >> I need a second. >> Second. >> Mauricio. >> Senator Styverson. >> She stepped out. >> Hi. Um, Vice Mayor Viscaro,
>> yes. >> Commissioner Joseph, >> yes. >> Commissioner Lama, >> yes. >> Mayor's Fetchin, >> yes. >> The ordinance passes 4 to zero. >> All right. Now to resolutions.
>> Okay. 9 C is a resolution of the city is a resolution authorizing the chief of police to purchase two vehicles vehicle related equipment and two laptops with law enforcement related software and a mental health performance coaching subscription.
>> Okay. Mayor, vice mayor, members of the commission. This allows for the expenditure of forfeite funds to purchase two vehicles and vehicle related equipment, two laptops, and some mental health performance coaching for our police department. >> Okay. Do any public speakers?
>> No, ma'am. >> You sure? >> Yes. >> Okay. Any comments from the commission? I'll take a motion then. >> Motion. >> All in favor? >> Okay. Next. >> I'd like to bring up that remote voting again.
9D is a resolution approving a software as a service agreement with Sharp Performance as a sole source for a subscriptionbased mental performance coaching program for the police department. >> Okay, Mr. City Manager, >> mayor, vice mayor, members of the commission, this is the company that
would provide the mental performance coaching program to our police officers. >> Do we have any public speakers? >> No, ma'am. >> All right, I'll take a motion. >> So move. >> Second. >> Second. >> All in favor? I >> Okay, next item, please.
>> 9E is a resolution authorizing the expenditure of budgeted funds with Federal Eastern International for the purchase of police equipment. >> Mr. City Manager, >> Mayor, Vice Mayor, members of the commission, this is the police equipment related to your approval of the prior
items. >> Do we have any public speakers? >> No, ma'am. >> Okay, I'll take a motion. >> Motion. >> Take a >> second. >> All in favor? I >> I >> I >> Okay, >> next >> 9F is a resolution approving a first
amendment to the support agreement with Central Square Technologies for the maintenance and subscription services for certain information technology services. >> City manager, >> mayor, vice mayor, members of the commission, this is our agreement with
the company that's called lost my place. Central Square. Uh they provide the IT for our police department. >> Okay. Do we have public speakers? >> No public speakers. >> Okay. I'll take a motion from the commission.
>> Motion. >> Second. >> All in favor? >> I. >> Okay. Next item. >> 9G is a resolution authorizing the expenditure budgeted funds for the purchase of two 2026 Chevrolet Tahoe four-wheel drive police vehicle from LJ
Fleet. Mayor, vice mayor, members of the commission. These are the two vehicles that we referenced in the early earlier item for our police department. >> Okay. Do we have any public speakers? >> No, ma'am. >> I'll take a motion. >> Motion. >> You just second. >> All in favor? >> I >> I.
>> Next item. >> 9H is a resolution authorizing the expenditure of budgeted funds for the purchase of three Toyota RAV 4 hybrid all-wheel drive vehicles from Seminal Toyota. >> Mr. City Manager, >> mayor, vice mayor, members of the
commission. This allows for the purchase of three vehicles that were budgeted for our parking division. >> Okay. Any public speakers? >> No, ma'am. >> Motion. Need a second, please. >> Second. >> All in favor? >> Next item?
>> 9 J. >> I, >> excuse me. 9 I is a resolution approving the issuance of a purchase order to Wex Bank for the purchase of unled fuel utilizing its fuel card program. >> Mr. City Manager, >> mayor, vice mayor, members of the commission, this is the company that we
use that provides fuel cards that we use for our city vehicles. >> Okay. Do we have public speakers? >> No, ma'am. >> All right. >> Yes. Um, >> I would just like to have it on the record that uh, city employees should know not to go to the gas station at
185th Street in Collins since it's the most expensive station in I believe South Florida. So, >> okay. >> Motion. >> So, I'd like to have that on the record. >> Thank you. Uh, I have a motion. I need a second. >> Second. >> All in favor? >> I.
>> Thank you. Next item. >> 9J. 9J is a resolution approving a first amendment to the agreement with Neon Science Solutions for the removal, fabrication, and installation of monument signs throughout the city. >> Mr. City Manager, >> mayor, vice mayor, members of the commission, you have given us approval
to uh renew our entrance signs throughout the city. As part of the permitting process, FDOT requested that we have some additional liability insurance. So, that's the purpose of this item. >> Okay. Do we have any public speakers?
>> No, ma'am. >> Okay, I'll take a motion. >> I have a question. Go ahead. >> Those are neon signs. >> I'm sorry. It's it I know it it looks like it's neon signs, but they're not. It's not neon signs. No, >> companies call neon signs. >> I I know, but it's just in case that
they don't know. We don't >> It looks like they know that we have a neon ordinance that we can have neon signs, >> right? >> And you you did approve these signs before, but it's definitely not neon. >> Okay. I'll take a motion. >> So motion >> second.
>> All in favor? >> I >> I >> Next item 9 L. >> Oh, K. Sorry. >> K >> is a resolution approving a first amendment to the agreement with Eagle Eye Officiating for Sports Officiating and scorekeeping services.
>> Mayor, vice mayor, members of the commission. This approves an agreement with this company to provide sports officiating and scorekeeping services for our CCS. Do we have any public speakers? >> No, ma'am. >> Commissioner Joseph, you want to ask
>> scoring for PAL as well? I was wondering >> they're going to create. So has nothing to do with PAL. >> No. IPAL. >> No. >> I pal. Yeah. >> Okay. I need a motion. >> So move. >> Second. >> All in favor? >> I >> I
>> 9L. 9L is a resolution approving an agreement with Comp and Engineering, Inc. for the Golden Shores Pump Station Rehabilitation Project. >> Okay, Mr. City Manager, >> mayor, Vice Mayor, members of the commission, this is related to our
Golden Shores pump station and extends the time a little bit, but the pumps are operational and we're very, very close to completing the project. >> Okay. Do we have any public speakers? >> No, ma'am. >> All right. We'll take a motion.
I'd like to say I couldn't be happier with uh the situation in Golden Shores. We're l the luckiest area in the city as far as um how we've mediated the flooding. >> Thank you. >> Thank you. >> I need a second. >> Second. >> All in favor?
>> I. >> Everyone in favor? >> Yes. >> Yes. Yes. >> Thank you. 9M is resolution approving a fourth amendment to the agreement with IM electric for street lighting preventive maintenance and as needed electrical services.
Mayor, vice mayor, members of the commission, this approves an agreement with IM electric and this is going to be mainly related to work at Heritage Parking garage. >> Okay. Do we have any public speakers? >> No, ma'am. >> All right. But but it's not only for the
heritage part and because this is bringing the total to $832,000 only for heritage to change the light fixtures in the garage is $75,000 and again we were we didn't approve
to do anything for the turtles and we are just changing this for the heck of it you know because I know it's better to have LED the hall allergen but um also this is not going to be and we are extending this type of contract without
comparing with other companies. So I'm not in favor of this. >> Is this the same company that's working with FPL >> for the undergrounding? >> Yes, we've done some work with them. Yes, they've been very responsive. >> Okay.
>> Still we should be bidding for this type of it's over $50,000. So we again this is bringing us to almost a million dollars in in in lighting fixtures. So no >> um Alan may I ask this was originally
awarded via a bid correct >> okay >> on the copy that's on the the copy that's on the uh agenda the the original agreement is supposed to be attached but it's not so I'm going back but yes it was competitively bid but I I'll put up
the agreement. Okay. >> Yes. Um, it was ITB number 23-11-01 >> for the $75,000 for the labor and equipment and changes of Heritage Park specifically because that only $75,000 >> not as a specific project. No.
>> Okay. >> The bid was for uh General Electric uh services and this just falls under the scope of the contract you entered. >> Correct. But it is also up to us to approve the fourth amendment to it and
we are doing it without having a comparison bid. >> Okay. Anyone else? >> Motion. >> Okay. I need a second. >> Second. >> All in favor? >> I I'm knowing this one. >> Okay. Next item.
Next item is, excuse me, 9N. It's a resolution approving the expenditure of budgeted funds with landscape forms for the purchase of picnic tables and park benches. >> Mr. City Manager, >> mayor, vice mayor, members of the
commission, this allows us to purchase some picnic tables and park benches that are concrete. And the detail is in your backup of what it looks like. >> Okay. Do we have public speakers? >> No, ma'am. >> Okay. Any comments?
>> I'll take a motion. >> Motion. >> I need a second. >> Second. >> All in favor? >> I. >> Thank you. Next item. >> 90 is a resolution approving a second amendment to the agreement with Nunes Construction for the installation of an
emergency generator and building restoration at Gateway Community Center. >> Mayor, vice mayor, members of the commission. This allows for a time extension for the generator, not additional monies, just time extension. >> Right. >> Do we have public speakers?
>> No, ma'am. >> Yes. Go ahead. >> So, um, we have excluding this amount. Um, regarding Gateway, I believe we're at 45
million. Does the 45 million include what we just paid for the stuckco and all? >> Yes. >> And and but there are still other remediations that are required, correct? On that building, >> not right now. No.
>> Okay. But the building is deficient in other ways. >> At this time, we feel like it's it's current, but it's going to require ongoing maintenance. >> Yes. >> And this amount. Okay. So, >> it would include the generator. So, the total with the plaster repairs is now at
45 million, >> right? Okay. So, >> and includes the land purchase. Thank you. >> No, I understand. Yeah. The 44 million includes the land purchase. So, at what point do we think maybe we should just start over and do it right?
I mean, that's that's an amazing property. we could have such an an amazing structure there that serves the city in so many better ways than what it does now. So what I'm suggesting is I know we have gateway Pelican that we're
looking to redevelop. What what time frame are we on on that? I mean we're just thinking about it, right? Please, >> we right now during our budget discussions, which I believe our initial budget discussion is next week.
>> Yes. >> We're going to lay that out and have you give us your ideas >> and then we can discuss that at that time. >> Okay. So I believe after we complete Pelican the way the correct way not the
way the city has been building buildings over the past 20 years do Pelican correctly plan for the future and then we take down Gateway and we redo it for the future.
>> Okay, Commissioner Joseph, can we just stick to the item? We can talk about that next week during the budget. But I'm I'm just saying >> I understand but it's late but not this is not the item that we're talking about. >> Well, so >> the generator I don't believe we really need the generator.
>> All right. So you can vote against it. >> I'll make a motion. >> Okay. I need a second. >> Second. >> All in favor? >> I. >> Anyone opposed? >> Yes. >> Okay. Next item. 9 P is a resolution ratifying the expenditure of budgeted funds with
Cavanjon and Associates for temporary city engineer and plan review services and approving a letter agreement with Calvin Gardano and Associates to provide general engineering building plan review services for a one-year term. >> Okay, Mr. City Manager, >> Mayor, Vice Mayor, members of the
commission. This allows for an agreement with Calvin Gerardano for engineering services for plan review. And we did we have since hired a new city engineer. So, we're not sure if we're going to use all of that monies, but we have it just
in in in plan just in case. >> Okay. Do we have public speakers? >> No, ma'am. >> Okay. >> I have a question. >> Go ahead. as the uh new city engineer, has he um looked at the
um center island injection project? >> He has. >> I'd like to see his report on that, please. >> All right. I need a motion on this item. >> So move. >> Need a second. >> Second. >> Second. >> All in favor? >> I.
>> Okay. Next item. 9Q is a resolution approving a first amendment to the agreement with Waypoint Contracting to provide construction renovation services for the annex building located at 18050 Collins Avenue. >> Mr. City Manager, >> mayor, vice mayor, members of the commission, this allows for first
amendment to the agreement with Waypoint on our annex and an amount not to exceed 299 108.78. >> Okay. Do we have any public speakers? >> No, ma'am. Okay. >> Contingency was supposed to be part of
it of the original contract. So what happened? This is the contingency of the contingency. >> Go ahead, Mr. City Manager. >> I think this goes a little bit to Commissioner Joseph's point. Some of these buildings have we have unanticipated things that we've experienced during construction and
there was a number of different items regarding this in particular that were not able to be viewed during our initial inspection of the building. But during construction, for example, we had some issues that we were not able
to observe prior to construction like the gas lines that that what we needed gas line for the restaurant, >> the existing gas line. Yes, we relocated that to outside of the building. So yes,
the the gas line for the restaurant is an example >> and we're paying for it. So I am completely against anything and everything that we are doing that there with the Tony Romans. I've been very consistent with that. I requested uh um
the total amount that we had spent so far. I think it wasn't ready on time for this meeting. So I would like to have as soon as possible. Uh this is just again a disservice that we're doing to the people. It's embarrassing that it's taking this long and this amount of
money to just renovate the building department. So if we cannot renovate the building department in two years, that's embarrassing, you know. So I'm completely against this and anytime every time that something's going to
come from this, I'm going to be completely against as well. >> Okay. So I have a further question >> if I can ask. >> Commissioner Joseph. So, have we discovered anything um in moving forward with this building that on forethought
we would have not moved forward to begin with? Not in my opinion. If we had rented it totally as a restaurant, as I know that you would like for it to have been, we would have still encountered some of these issues during renovation. not us
them because every contract that we had with the restaurants they were going to be doing the renovation they were going to be doing it they were going to invest in that money and that it was going to be them for us. So we will not be part of all this it will be on them and also
the lost revenues we should we could have been making by now millions of of dollars renting that space. So this is being one of the worst uh decisions that I seen made by this commission. So
clearly one off. I say one of >> uh so yeah I'm completely against this. This is sad and a disservice to to the people. No thank you. Okay. Please don't stop me because you want to go home. >> This is not about me going home. >> This this we're not voting on whether
it's going to be a restaurant. You are free to vote against this item. It's already decided >> to make also my comments. I was asking if this was for also the gas line that the building department doesn't need. So this is also money that we're investing
on a restaurant that even a broker was the one who decided who we're going to be renting to. So like I said, I make a request or a lot of information about this. So um I hope to get in soon. >> Okay. Anyone else? >> Motion. >> I need a second.
Second. >> All in favor? I. >> No. >> No. >> Okay. Next item. >> Just to clarify, that was 3 to two. >> Yes. >> Thank you. >> 9R is a resolution adopting a social media policy for elected officials.
>> Mr. City Manager, >> mayor, vice mayor, members of the commission, this is based on our different workshops and feedback from you. This is a social media policy for the elected officials. >> Do we have any public speakers? No, ma'am. >> Okay, I'll take a motion. >> Motion.
>> I need a second. >> Second. >> All in favor? >> No. >> I >> no from commission. >> I'll vote no as well. >> Okay, next item. >> Next item. Excuse me. >> We already did. We're at T
>> 9T. So 9T is a resolution expressing support of for a proposed ordinance of Miami date county amending section 21-28 of the code of Miami Dade County relating to noise regulations. >> Mr. City Manager, >> Mayor, Vice Mayor, members of the
commission. This would enable us to support an ordinance from Dade County that's going to increase some restrictions on vehicles and vessels regarding noise. So their commission
meeting, I don't remember the day whether it was yesterday or today, but provided you agree to this, we would send them a letter supporting it prior to the second reading of their ordinance. >> Okay. Do we have any public speakers? >> Yes, we do. Stephen Hirs. >> Okay.
>> Last time. >> You don't have to give us your last 1720. The noise on Collins Avenue from uh excessive exhaust is gotten intolerable. I'm hearing that from all the anyone that lives on Collins, even off of
Collins. Um unfortunately, Florida does not allow any uh electronic devices for the measurement of speed. There's sound cameras that are available in other states. Um, in addition to encouraging our support of the MA of the, uh, Miami
date ordinance, uh, I would also hope that we can through either our legislative advocacy or Florida League of Cities, uh, see if we can get Tallahassee to allow local governments to implement noise cameras. >> Thank you.
>> Thank you. Any other speakers? >> No, ma'am. >> All right. I'll take a motion. >> Motion. >> Motion. >> Need a second. >> Second. All in favor? >> I >> All right. Next item. >> 9V. >> Nine. >> No, sorry. 9 U. 9. You
>> is a resolution joining Miami date county and urging the Trump administration to suspend all Cuba related federal licenses and general authorizations pending full federal aids and investigations. >> This is a joint resolution by the three of us. It uh I think it just speaks for
itself. to supporting a resolution that was already passed by um the county. >> Anyone want to add anything? >> Okay, I need a motion. >> No, >> I had a question. What? Like what licenses? What? I didn't understand the item. Like what what licenses?
>> Just to put further pressure on Cuba. >> I understand the purpose, but what licenses? >> It's more of um just supporting their resolution. We don't have to do anything. So, nobody knows what licenses. >> It's business licenses as far as I know.
>> Okay. Um, well, I mean, I don't I don't know what it is. >> Might be import licenses. >> I Well, we don't know what it I'm not going to vote on something. I don't know. >> Requires research. >> All right. So, I'll take a motion. >> Motion. >> Second. >> All in favor? >> No.
>> Commission Vice Mayor is a no. Next item. Alex is also no. >> I don't understand what license is or >> Okay. No, no problem. Next item. 9V. >> 9V is a resolution acknowledging the fourth anniversary of Russia's further
invasion of Ukraine and expressing support for the people of Ukraine. >> Yes. >> Joint item. >> Basically just also very self-explanatory. Many of our um Ukrainian residents asked
me for this. So I am acknowledging their request. >> Yes. >> Any public speakers? No, ma'am. >> Okay, >> I make a motion. >> I need a second. >> I'll second it. >> All in favor?
>> I'm I'm going to be a no. Um although I think it's good that you're doing it. I think it deserves acknowledgement. Um the last time it was brought forward, it was in a slightly different context and and we had this conversation that I'm getting feedback. I don't know why.
Um, but anyway, I I said before that I'm not weighing in on any foreign uh affairs, so uh I'm a no for that reason, but I think it's appropriate that you brought it forward. >> Okay. Commissioner uh Lama, did you have
anything you want to say? >> Yeah, I'm a yes. I mean, um obviously this could be a divisive issue here in the in the city. We did receive a couple of emails um expressing opposition to that, but I'd like just I just like to
state the way I see it is that you're supporting the the people of Ukraine that are suffering that are going through war. Um unfortunately 90% of the wars are, you know, started by forces or
interests that we don't even know about. And there's always some sort of interest uh that does not take into consideration the the actual people that are suffering. So uh I do express support um for the people of Ukraine that are
suffering and you know all peoples that are involved in war that are suffering. So yeah, I definitely support this. >> Okay. Thank you. I just want to add to that. Um, you know, as someone that personally has family living in in Ukraine and Russia, Bellarus,
Kazakhstan, the entire area, um, this is a very difficult time for for all those people and we have so many of them living in the city. They're all our, you know, extended family and we feel for all of them. Um, I appreciate this item, Commissioner Stuent, but I want to acknowledge the fact that there's
suffering on on on regrettably for um a lot of people and it would be really great if um this ended sooner rather than later. But >> and okay, >> just like to say one other thing that um I'd like to praise the um Ukrainian uh
people uh for the development of uh drone warfare. It's um actually it's the future of warfare and it's uh going to aid the US quite a lot uh having them as an ally.
>> Jerry, can can we can we limit our comments to supporting the people that are suffering? I mean, we're talking about war for now. Well, >> I mean the I don't think the purpose is I I understand, but I mean that's >> that's the point of Jennifer's uh
comment that we don't like to opine on on foreign conflicts. You know, we've been elected to take care of city affairs and I it gets difficult to you know especially when you have these type of comments and especially when wars are started by
special interest groups. Okay. and and and these poor people are being used as pawns. A lot of the people are involved and are actually dying and suffering. So I you know I understand about the drones and this and that but I don't think
those comments have any place in this commission. >> Well >> and and and >> it's reality. >> No, it is reality but we should stick to having you know supporting people. I I I wish this this war would had never
happened. And um just like any other war, like I said, in my opinion, 990 or 99% of the the wars are started by special interest for ambitions that we don't know uh
resources, whatever you want to call it. But yeah, I I think, you know, we should be mindful of of the comments we make. um whether you're for Ukraine or for whomever, I think that the ultimate goal should be should be peace and understanding.
>> Okay. Thank thank you uh Commissioner Lama. I I echo that. We have to be very careful with our words, but I think that we are all in agreement that we are against this and and support the Ukrainian people and all people that are suffering. I'll take a motion. Did I get I need a second?
>> Second. Second. >> All in favor? I commit. >> Uh, Vice Mayor, you're a no. >> That was a no. >> Okay. Next item. >> 9W is a resolution approving the issuance of proclamations requested by elected officials similar to what we did with uh proclamations
that were requested by the city's administration. Uh, these are all resol uh, excuse me, proclamations that have been requested over the course of the past two years by members of the commission. Mhm. >> Um I do want to point out that if there
is a proclamation here that isn't listed, doesn't mean that the commission doesn't reserve the right to be able to bring those forward individually. >> Let's just Okay. Thank you. Uh any public speakers? >> No, ma'am. >> I'll take a motion. >> Motion. >> Second. >> All in favor? >> I
>> Okay. I have an add-on item. >> Yes. 9X is a resolution approving the issuance of a proclamation presented for Black History Month 2026. >> Commissioner Lama. >> Yes. So, um you know, t talking about
what we just spoke about Ukraine and war and everything. I mean, um given that it's Black History Month and and someone that I admire a lot is, uh Dr. for Martin Luther King and he was an huge
advocate for for peace and um he was opposed to militarism and and and special interest behind you know a lot of the the wars that that that are caused. So he was very anti-war. So um having said that if you could
Maicio please read the um the proclamation. So obviously this is a recognition of the um you know all of the efforts and uh everything the black community has contributed to to to the
United States and and to this great nation. So you know it's a recognition of um their contribution and what they've um added to this uh to the building of this uh nation. So yeah.
>> Okay. The proclamation reads, "Whereas the city of Sunnyhouse Beach takes pride in joining Americans throughout the country, recognizing February 2026 as Black History Month. Whereas Black History Month pays tribute to the contributions that African-Americans have made to American history and their
struggles for freedom and equality and deepens understanding of our shared history. Whereas the Association for the Study of African-American Life and History has named the theme of the Black History Month in 2026 to be a century of Black History commemorations. This theme
celebrates what began as a week-long observance of black contributions to history and modern culture in 1926 and has over time become the Black History Month we know today. Whereas inequality and injustice still linger in our cities, states, and
country, and it should be the aspiration and responsibility of every citizen to advance the American ideals of life, liberty, and the pursuit of happiness for all. We encourage all to recognize and confront continuing issues by eliminating barriers with fearlessness
and determination to empower black people to promote and protect their health, wellness, current endeavors, and history. Whereas the city of Sunny Als Beach is proud to honor the history, contributions, and achievements of black community locally, nationally, and globally. We uplift our black community
leaders, educators, business owners, professionals, and all others who promote well-being, and knowledge throughout the many facets of the black community as part of our whole inclusive community. We remain committed to honoring diversity, equity, inclusion,
and mutual respect as a fundamental principles of the county, city, and state government, and work to promote these core values throughout our community. Uh, do I Lissa Sachin as mayor and on behalf of the city commissioner of the city, please hereby
proclaim the month of February 2026 as Black History Month. >> Thank you. Do we have any public speakers? >> No, ma'am. >> All right. Thank you. Commissioner Lammo, do you want to make a motion for your item? >> So moved. >> Okay, I'll second. >> All in favor? >> And before we adjourn,
>> no wait, we have citizens forum still. >> Wait, no, but before we get >> we have um your >> right, which I don't see here. But remember the the the motions that we that we deferred >> because Allan said pump the brakes on us last month and >> Yeah. So what number is this? I don't even have
>> I I don't have it either, but we can add it, I guess, now if we if we vote on it. Um, it's already drafted and signed. So, it's a Y. >> We just we just um >> I guess it would be Y. >> Okay. >> I just think I need to formally get your approval to be able to transmit it. So,
I guess a motion to add it. >> What Alan >> Re, >> right, >> right? Although Mauricio mentioned it at the beginning, but >> No, no, it's it's been added already. >> Oh, okay. >> It's not on here. That's why. No, it's not on there because of the short
notice, but it was added. >> Okay. So, it's okay. 9Y then. >> Okay. So, these are the adarum the resolution that we agreed to last month, but then Allan said, "Hold off because we're in litigation and we need to uh make sure that we're not >> It's the cleanup bills for SB cleanup
bills." >> Okay. Just in case anybody wanted to uh sign up to speak for it. >> Oh, I'm holding the wrong ones. Yes, it's the cleanup bills. >> Okay. Do we have anything to read in the record? Raio.
>> Uh, yes. Vice Mayor, could you remind me the number of the bills? >> I I grabbed the wrong papers because I I have the the Aalero ones that because we corrected it. >> I can get it for you. >> So, it's um and I left my legislative
stuff on my desk. Alan's getting >> Isaac, you no podium tonight. >> It's SB 218 and HB 217. >> Thank you. >> And SB840.
>> Okay. Okay. >> 217, 218, and 40, right? >> Yeah. SB 218, HB 217, and SB840. >> Okay. Um, so it's a resolution expressing support for the Florida House Bill 217 and Florida Senate Bill 218 relating to the land use regulations and
areas affected by natural disasters. >> Okay. Does anybody want to sign up to speak? >> No. Okay. And then the other one is uh the resolution expressing support for Florida Senate Bill A40 relating to local governments affected by natural
disasters. >> Anyone? >> No. All right. Do you want to make a motion? >> So moved. >> I need a second. >> Second. >> All in favor? >> I I I don't have any information on this. So I'm a noble.
>> Um all right. So we have one no. Now we are on to citizens forum. >> Uh one more mayor. I'm so sorry. Um, earlier this week or a couple of weeks ago, you all received an email from Myra regarding a sponsorship,
uh, excuse me, donation from the Pelican Seabboard sponsorship. >> Uhhuh. >> Um, you were all provided that documentation. So, uh, Vice Mayor Viscara had requested it for it to be added on for consideration. So at this
time without a resolution even though you all have received the application already it would be a motion to approve that that sponsorship >> right I mean I won't be able to attend because it's on the Wednesday of the of the residency uh the residence academy but >> can you remind me please and just so for
the record what >> it's the g it's a it's a >> no I know but for the three people that are here >> one second I'll pull it up >> so it's the request from the Pelican Harbor uh for their upcoming gala. Um
>> we went there last year, I think. >> Okay. So, the event is on Wednesday, March 11th, starting at 6:00 through 9:30 p.m. And it's a celebration um with their ambassadors,
and it's a gala to support the the organization. >> I I would make a motion to to support to I would make the motion. However, I didn't know we were going to be discussing uh sponsorships or donations.
I have a whole thing about it. So I guess I will bring it next week when we're having the budget meeting. But yeah, I make the motion. >> I need a second. >> I'll second it. H >> how much are there's different sponsorship packages. So which one
>> was it? 5,000. >> It's by the number of tickets. So I thought I was thinking if the four of you can go. >> $2,000 would get you four tickets. >> Oh, okay. Yeah. I'm not going to be able to go. >> $500 a ticket. >> It's a donation.
>> Yeah, I know. >> Yeah. >> Uh uh. >> Yeah, I know. I support it. >> It's March what? 11th. >> March 11th. >> March 11th. >> All right. So, we we're uh voting on four tickets. >> Is there any flyer that's connected with it that >> Yes, it was shared. >> What's the email?
>> It was shared on Friday the 13th at 5:23. >> Okay. >> All right. So, >> uh all in favor? All right. >> Hi. >> All right. Now, we're on to citizens forum. >> Okay. David Virgil.
>> Okay. >> Hi, David. >> Hi. Good evening, Mayor, Vice Mayor, and Commission. My name is David Virgil. My address is 17500 North Bay Road. I know there's 10 minutes until midnight, so I'll be quick. Um, I just want to go back to the discussion you all had on
remote voting earlier today. I wanted to say I would be against that being allowed. Um, I know things come up, people get sick, and there's emergencies, but these meetings are always on the third Thursday of every month at 6:30 p.m. So, unless there's a
real emergency, you should be here present. And if people from the public are able to stay throughout these entire meetings, all of you should be able to stay through them, too. Um, for example, if I wanted to speak from home, I want to be able to do that. So, in order to
be fair with the public, you all should be present as well. And that's all I have to say. >> Thank you. Thank you, David. Any other speakers? >> No. >> No. >> Meeting adjourned. Thank you. Okay. You