Oct 14, 2024 Land Use and Sustainability Committee

THE NOVEMBER MEETING IS NOVEMBER 25TH.

SO I WOULD RECOMMEND DEFERRING IT TO NOVEMBER 25TH.

IF WE NEED MORE TIME, WE COULD ASK FOR ANOTHER REFERRAL.

SO CAN WE DEFER TO A SPECIFIC TIME? YEAH, I'LL NOTE DEFER TO DATE CERTAIN OF NOVEMBER 25TH.

THAT WAY IT'S AFTER THE ELECTION.

SO WITH THAT, UM, ITEM NUMBER TWO, COMMISSIONER BOND, WHICH YOU ARE SPONSORING, IS BEING DEFERRED TO NOVEMBER 25TH.

AND ITEM NUMBER 11, UH, RELATING TO THE 40TH STREET RELIGIOUS OVERLAY IS BEING DEFERRED AS WELL.

WITH THAT, UH, THE ITEM, THE, UH, MOTION, THERE'S A MOTION ON THE TABLE TO, TO APPROVE THE AGENDAS.

UH, THAT, WITH THAT THE AGENDA IS SET.

UM, MR. DIRECTOR, LET'S CALL ITEM NUMBER

[1. ENTERTAINMENT AND SUPPER CLUB REGULATIONS]

ONE.

YOU'RE RECOGNIZED YOUR PERCENT.

ITEM NUMBER ONE IS AN ORDINANCE PERTAINING TO ENTERTAINMENT AND SUPPER CLUB REGULATIONS.

COMMISSIONER SUAREZ, THIS IS YOUR ITEM.

UH, TOM, I THINK YOU WENT BACK AND YOU MODIFIED THIS, UM, THIS ITEM, UH, WITH THE INPUT OF MY COLLEAGUES.

DO YOU MIND, UM, SUMMARIZING WHAT HAS BEEN DONE? SURE.

THE, UH, ITEM, THIS ORDINANCE WAS APPROVED BY THE CITY COMMISSION AT FIRST READING ON SEPTEMBER 11TH, 2024.

AS PART OF THAT APPROVAL AT, UH, FIRST READING THE COMMISSION, UM, UH, ASKED FOR FOUR CHANGES.

UM, THE FIRST TWO WERE THE INCLUSION OF TWO APPLICABILITY SECTIONS.

UM, AND THOSE HAVE BEEN, UH, INCLUDED IN THE DRAFT ORDINANCE, REVISED DRAFT ORDINANCE FOR SECOND READING.

THE THIRD WAS A CLARIFICATION PERTAINING TO THE EXISTING PROHIBITION OF ENTERTAINMENT USES IN THE SUNSET HARBOR NEIGHBORHOOD.

UM, THAT CLARIFICATION IS ALSO INCLUDED IN THE DRAFT ORDINANCE.

AND THEN THE FOURTH WAS A, UM, AN AMENDMENT ALONG WASHINGTON AVENUE TO CREATE A GEOGRAPHIC BOUNDARY THAT WOULD ALLOW FOR AN EXCEPTION TO THE SUPPER CLUB REGULATIONS FOR 5:00 AM ESTABLISHMENTS.

AND THAT GEOGRAPHIC BOUNDARY HAS BEEN ESTABLISHED ON THE EAST SIDE OF WASHINGTON AVENUE FROM EIGHTH STREET TO 14TH STREET.

ADDITIONALLY, SUBSEQUENT TO THE COMMISSION MEETING, AN ADDITIONAL APPLICABILITY SECTION WAS REQUESTED TO BE ADDED, AND THIS ONE WOULD READ AS FOLLOWS.

THIS ORDINANCE SHALL NOT APPLY TO PROPERTIES FRONTING ON LINCOLN ROAD WHERE THERE IS AN ACTIVE LAND USE BOARD APPLICATION WITH A HEARING FILE NUMBER OBTAINED PRIOR TO JULY 30TH, 2024, AND WHERE THE PROPOSED PATRON OCCUPANCY LOAD OF THE VENUE DOES NOT EXCEED 199 PERSONS.

THANK YOU, TOM.

UM, YOU KNOW, I I WANT TO REITERATE WHAT HAPPENED OVER THIS PAST WEEKEND.

I DON'T KNOW IF YOU GUYS HAVE SAW, BUT THERE WAS A STABBING AT ONE OF THESE NIGHTCLUBS, AND I BELIEVE THE VICTIM HAS DIED.

[00:05:01]

UM, AND I THINK, I THINK WE'VE HAD ENOUGH.

I I THINK THIS IS A WAKE UP CALL FINALLY, WHERE WE NEED TO REALLY CHANGE THE DIRECTION OF WHAT OUR CITY WANTS TO BE IN THE NEXT 10, 20 YEARS.

UH, I THINK THE STATUS QUO IS DEADLY AS SEEN THIS PAST WEEKEND.

AND I THINK WE WANT TO USHER IN A NEW, NEW STYLE OF ENTERTAINMENT THAT IS, IS GONNA BE BENEFICIAL FOR NOT ONLY OUR RESIDENTS, BUT OUR OUR GUESTS TO THE CITY.

AND SO I'M HOPEFUL THAT WITH THESE MODIFICATIONS, UH, WE CAN MOVE THIS ITEM TO THE COMMISSION MEETING.

COMMISSIONER BOB, DO, YOU'RE RECOGNIZED, UM, SEPARATE FROM TANGENTIALLY RELATED, BUT SEPARATE FROM THE BIGGER ISSUE ON A, ON A MORE IMMEDIATE LEVEL, TOM, ARE WE NOT ABLE TO, UM, BRING THIS, THIS NIGHTCLUB TO THE PLANNING BOARD TO MODIFY THEIR CUP? I MEAN, THIS IS NOT THE FIRST TIME THAT THINGS ARE HAPPENING THERE.

AND, AND IT'S, AND FOR THE RECORD, THIS IS THE NIGHTCLUB AT 15TH AND WASHINGTON WITHOUT NAMING NAMES, BUT IT'S A 15TH IN WASHINGTON, AND IT JUST SEEMS REALLY PROBLEMATIC THAT ONCE AGAIN, WE HAVE BAD ACTORS SPOILING IT FOR THE ENTIRE BUSINESS.

I MEAN, THERE'S SOME BUSINESSES THAT HAVE BEEN IN OPERATION FOR 30 YEARS WITH NOT A SINGLE INCIDENT, AND THEN THESE GUYS ARE, YOU KNOW, MY UNDERSTANDING IS THAT IF IT'S THE NIGHTCLUB, UH, AT 15TH IN WASHINGTON, THEY DO NOT HAVE A CUP.

UH, THEY WERE APPROVED AND PERMITTED BEFORE THE CUP REGULATIONS, CURRENT CUP REGULATIONS WENT INTO EFFECT.

AND SO BECAUSE THEY DO NOT HAVE A CUP, THE PLANNING BOARD, THAT'S NOT TECHNICALLY A JURISDICTION.

SO, BUT ON THAT, MR. ATTORNEY, IS THERE ANY REVIEW BEING DONE, UH, AND WORK, CAN ANY REVIEW BE DONE AS TO, UM, THEIR BTR IF, IF, IF THERE ARE DEATHS HAPPENING OUTSIDE THIS ESTABLISHMENT AS A RESULT OF THE BUSINESS ACTIVITY THAT IS OCCURRING AT THIS ESTABLISHMENT, CAN A REVIEW BE DONE, UH, BY THE PROPER AUTHORITY OF THEIR LICENSES BESIDES A CUP MR. CHAIRMAN? THAT'S SOMETHING WE CAN CERTAINLY LOOK AT.

THE CODE DOES, UH, PROVIDE VERY SPECIFIC CRITERIA OF WHEN A BTR FOR AN ESTABLISHMENT CAN BE SUSPENDED OR, OR REVOKED.

UM, AND, AND, AND THAT'S SOMETHING WE CAN, WE CAN CERTAINLY LOOK AT THE MAN, IT'S THE, THE, THE, A AUTHOR, THE AUTHORITY TO DO THAT ARREST WITH THE MANAGER.

UM, BUT IT, YOU KNOW, IT'D BE A GOOD IDEA FOR, FOR CODE POLICE, UM, AND MAYBE OTHER MEMBERS OF THE ADMINISTRATION TO GET TOGETHER ON THIS.

I WOULD BE HAPPY TO.

THROUGH ITS INTELLIGENCE, UH, DIVISION, UH, REVIEWS, UH, THOSE, THOSE PERFORMERS AND ENGAGES IN CONVERSATION WITH THE VENUE, IF THERE ARE CONCERNS WITH THOSE AND THEY CAN COMPLY WITH THE REGULATIONS, AND THEY MIGHT BE SUBMITTING THAT TO THE CITY, AND EVEN IF THEY ARE, AND THERE'S STILL DEATHS GOING ON THERE, SOMETHING HAS TO BE DONE.

IF I, IF I MAY, I MEAN, YES.

ANY, ANY LOSS OF LIFE, UM, TANGENTIAL TO, OR, YOU KNOW, ATTACHED TO A PARTICULAR BUSINESS IS ONE TOO MANY NOW WE'RE UP TO THREE.

I DON'T, I DON'T EVEN REMEMBER.

BUT IT, THAT'S, IT'S JUST NOT OKAY.

WE HAVE A BAD ACTOR AS A BUSINESS, AND WE NEED TO, IF WE DON'T HAVE, UM, THE RECOURSE OF A CUP, WE NEED TO MOVE ALL OF OUR RESOURCES TO END THIS NUISANCE BUSINESS.

AND, AND I THINK THE MESSAGE NEEDS TO BE PUT OUT THERE.

IF YOU ARE ENGAGING IN A BUSINESS PRACTICE AND ACTIVITY, BRINGING IN PROMOTERS OR PERFORMERS WHO ARE ATTRACTING VIOLENCE AND ILLEGAL ACTIVITIES, WHETHER IT'S GOING ON INSIDE YOUR ESTABLISHMENT OR OUT IN THE PUBLIC RIGHT OF WAYS, YOU HAVE A RESPONSIBILITY TO GATHER YOUR ACT TOGETHER.

AND WHEN YOU DON'T, WE HAVE A RESPONSIBILITY TO KEEP OUR CITY SAFE.

WE HAVE A RESPONSIBILITY TO KEEP OUR RESIDENTS SAFE.

WE HAVE A RESPONSIBILITY TO KEEP OUR VISITORS SAFE.

AND IF YOU DON'T GET YOUR ACT TOGETHER, WE'LL GET IT TOGETHER FOR YOU.

IS WE CANNOT CONTINUE TO HAVE A BLOODSHOT OF INNOCENT LIVES IN OUR COMMUNITY BECAUSE OF A HANDFUL OF, OF BAD, BAD ACTORS WHO ARE SPOILING THE FUND FOR EVERYONE ELSE.

THERE'S ONE MORE THOUGHT ON THIS.

UM, ISN'T THERE SOMETHING ON THE BOOKS ABOUT, UM, ENTERTAINMENT VENUES NEEDING TO LET OUR POLICE DEPARTMENT KNOW WHO THEY'RE BRINGING IN AS YES.

HIGH PRIORITY, YES.

HIGH PROFILE GUESTS, YES.

WAS THAT THE CASE THIS WEEKEND? WHERE IS A HIGH PROFILE PERFORMER THAT, WELL, THAT'S, THAT'S, UH, HANDLED BY THE INTELLIGENCE DIVISION OF THE POLICE DEPARTMENT.

AND I, I WOULD SAY WE WOULD HAVE TO DEFER THAT TO, TO THEM, AND I DON'T THINK THEY PROBABLY WERE EXPECTING THIS CONVERSATION HERE, RIGHT, TODAY, BUT COMM, BUT, UH, YEAH, COMMISSIONER, I THINK IT'S VOLUNTARY.

I DON'T THINK IT'S, UH, MANDATORY.

IT, IT IS, MAN.

I, I THINK IT IS MANDATORY, BUT IT IS THE NOTIFYING THE, THE CITY, IF THEY'RE ANTICIPATING A MAJOR PERFORMER WHO'S GONNA PUT ON AN EVENT, ATTRACTING A CROWD, THAT IS MANDATORY.

IT IS MANDATORY.

AND, UH, AND THE POLICE DEPARTMENT

[00:10:01]

AND WE HAVE A RESPONSIBILITY, IT'S A GOVERNMENTAL ENTITY TO UPHOLD THE SAFETY.

IF WE'RE HAVING TO PASS REGULATIONS THAT ARE GOING TO APPLY, UH, IN OUR CITY BECAUSE OF THE BAD BUSINESS PRACTICES OF A FEW, WE OWE IT TO THE GOOD ACTORS THAT WE HOLD RESPONSIBLE, THOSE WHO ARE ATTRACTING PROBLEMS TO, TO OUR CITY.

COMMISSIONER SUAREZ, I COMMEND YOU FOR THIS, UH, LEGISLATION FOR TRYING TO FIND MIDDLE GROUND ON, ON, ON AREAS THAT PERHAPS, UH, SHOULD BE EXCLUDED, UH, FROM THIS LEGISLATION AND, UH, AND TRYING TO TO IMPROVE THE AREA.

THE ONLY THING I WOULD SUGGEST IS, AS IT APPLIES TO THE, UM, AS IT APPLIES TO THE APPLICABILITY CLAUSE, I SEE WE'VE GOT THE APPLICABILITY CLAUSE FOR LINCOLN ROAD FOR ACTIVE, UM, ACTIVE APPLICATIONS ON LINCOLN ROAD FOR UP TO 199 PEOPLE.

I WOULD JUST SAY, IF WE REALLY DO WANT TO BRING THIS TYPE OF ESTABLISHMENT TO THE CITY, THE UPS OUR GAME, I WOULD JUST IN GENERAL ON THE REGULATIONS, I WOULD JUST CHANGE IT FROM REQUIRING A CUP.

WHEN YOU HIT 125 PEOPLE, JUST A GENERAL REGULATION THAT ONCE YOU REACH THE 199 PERSON THRESHOLD, AT THAT POINT YOU NEED TO GET THE CUP JUST SO THAT IT'S KIND OF MORE ACROSS THE BOARD.

UM, SO THAT, SO THAT, SO THAT WE MAKE IT EASIER, UH, FOR THIS TYPE OF ESTABLISHMENT TO EXIST IN, IN THE CITY THAT WAY IT IS MORE UNIFORM.

SO THAT LINCOLN ROAD IS NOT THE EXCEPTION, BUT MORE OF THE PRACTICE THAT ONCE YOU HIT THAT 1 99 THRESHOLD, THAT THEN, UH, THE CUP APPLIES.

I'M OKAY WITH THAT.

UH, MR. DIRECTOR, ARE YOU OKAY WITH THAT? YEAH.

THE, THE CURRENT THRESHOLD IS 1 99, AND SO WHAT THEY WERE SEEKING AN EXCEPTION FROM WAS THE PROPOSAL TO LOWER THAT TO 1 25.

SO WE COULD TAKE OUT THE 1 25 AND JUST LEAVE IT AT THE CURRENT THRESHOLD OF 1 99.

BECAUSE WHAT WE WANT, I MEAN, AND, AND, AND I DON'T WANNA SPEAK FOR THE SPONSOR, SO CORRECT ME IF I, IF I'M WRONG, COMMISSIONER SCHWARZ, BUT I BELIEVE YOUR INTENT IS TO ENCOURAGE THIS TYPE OF USE IN OUR CITY, AND I DON'T WANT US A HAVING A LOWER, LOWER THRESHOLD ON THIS FOR THE CUP TO DISCOURAGE, UH, THIS TYPE OF ACTIVITY.

BECAUSE GOING THROUGH THE CUP PROCESS, IT IS RIGOROUS AND IT MIGHT HURT SOMEONE'S BUSINESS MODEL HAVING TO GO THROUGH THAT EXTRA LAYER.

UM, I, I THINK THAT'S A REASONABLE REQUEST.

ALRIGHT, WITH THAT, ARE THERE MEMBERS? YES, TOM, AND JUST TO CLARIFY MR. CHAIR, WITH THAT CHANGE, WE NO LONGER NEED THAT APPLICABILITY THAT I HAD READ INTO THE RECORD BECAUSE THAT PARTICULAR BUSINESS WAS LESS THAN 1 99.

SO BY CHANGING TO 1 99, WE'LL MAKE THAT CHANGE, BUT WE NO LONGER NEED THAT APPLICABILITY BECAUSE THEN WHAT WHAT'S GOING TO HAPPEN IS THAT YOU MIGHT HAVE SOMEWHERE ELSE, ANOTHER BUSINESS, AND THEN THEY'LL WANT A-A-C-U-P AND THEN ALL OF A SUDDEN YOU'LL HAVE SWISS CHEESE IN, UH, IN, UM, IN GOOD POLICY.

AND THAT'S, AND THAT'S WHAT I WANT TO AVOID.

UM, WITH THAT, ARE THERE MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? IF YOU'RE ON ZOOM, PLEASE, PLEASE RAISE YOUR HAND.

IF YOU'RE IN PERSON, PLEASE APPROACH THE PODIUM.

UH, STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE TWO MINUTES TO SPEAK.

WELCOME, UH, MR. CHAIR.

THANK YOU SO MUCH.

MY NAME IS PAUL SAVAGE WITH LAW OFFICES AT 200 SOUTH BISCAY BOULEVARD IN MIAMI, FLORIDA.

I'M HERE REPRESENTING THE H WOOD GROUP, WHICH IS THE OPERATOR OF THE NICE GUY RESTAURANT, WHICH IS PROPOSED AT 9 4 7 LINCOLN ROAD AT THE CORNER OF MICHIGAN.

UH, THEY'RE FRONTING LINCOLN ROAD.

WE ARE VERY EXCITED.

THIS IS A, UH, THIS IS A PROPERTY THAT HAS BEEN VACANT AND BOARDED UP FOR AN EXCESS OF FIVE YEARS FRONTING LINCOLN ROAD.

AND, UH, AND JUST VERY QUICKLY, I'M VERY PROUD OF MY CLIENT BECAUSE THEY SPENT THE TIME AND MONEY TO GO TO THE HISTORIC PRESERVATION BOARD.

NOT ONCE, BUT TWICE.

WE WENT IN MAY ON A NON-BINDING PRELIMINARY EVALUATION AND GAVE THE WHOLE PRESENTATION TO ALLOW THEM THE OPPORTUNITY AND THE LUXURY TO, UH, OPINE ON OUR PLANS ON THE FRONT END.

AND THEN RECENTLY, JUST LAST WEEK, WE GOT A UNANIMOUS VOTE OF APPROVAL OF OUR PLAN FOR THE NICE GUY, WHICH WE HAVE AN EXISTING LOCATION IN LOS ANGELES.

IT'S VERY EXCLUSIVE.

I WANNA MAKE SURE THAT YOU KNOW THAT WE ARE

[00:15:01]

THE GOOD GUYS.

UH, WE ARE NOT THE BAD ACTORS.

THIS IS GONNA BE A VERY HIGH END AND EXCLUSIVE RESTAURANT WITH AN EXCITING SHOW, KITCHEN AND, UH, IMPORTED ITALIAN PIZZA OVEN IN FRONTING LINCOLN ROAD IS BEAUTIFUL, AND WE'RE SO EXCITED.

WITH ALL THAT SAID, UM, MY VICE PRESIDENT IS ON ZOOM.

HE MAY OR MAY NOT SPEAK.

I THINK WE'RE OKAY WITH THIS 1 99.

WE, WE ARE GONNA BE GOING AFTER EXCLUSIVITY AND A LOW, UH, OCCUPANCY LOAD.

SO WITH THAT AMENDMENT THAT THE CHAIR AND THE SPONSOR, UH, GOT WENT THROUGH, UH, I THINK WE'RE GOOD.

SO THANK YOU SO MUCH.

WE ARE VERY EXCITED TO ACTIVATE LINCOLN ROAD AND TO BRING THIS EXCITING VENUE, UH, AND, AND GET IT GOING.

YOU HAVE TWO MINUTES TO SPEAK.

PLEASE UNMUTE YOURSELF.

GOOD MORNING EVERYBODY.

MITCH NOVIK.

I LIKE THIS LEGISLATION.

THE ONLY CONCERN I HAVE IS THE CUP PROCESS AND THE ALLOWANCE OR, UH, THE RIGHT FOR OPEN AIR ENTERTAINMENT.

I BELIEVE THAT'S A CANCER ON OUR COMMUNITY THAT GIVES EVERYBODY THE GREEN LIGHT TO, UH, ESSENTIALLY TURN IT INTO A CIRCUS, ESPECIALLY IN MY AREA.

I, UH, I WOULD HOPE THAT, UH, IN THE FUTURE YOU'D FOCUS IN ON THE IMPACT OF BUSINESSES WHICH EXPLOIT THE PUBLIC REALM WITH NOISE AND DANCE PERFORMANCES, UH, ON OUR STREET.

UH, AND, AND THAT'S MY 2 CENTS.

EXISTING NIGHTCLUBS REMAIN ILLEGAL.

THANK YOU, MITCH.

AND JUST, UH, LET THE RECORD REFLECT THAT ON, UH, THAT OPEN AIR ENTERTAINMENT CONTINUES TO REQUIRE A CUP, UH, IS THE CURRENT REGULATION, IT'LL CONTINUE BEING THE REGULATION AFTER THE ADOPTION OF THIS ORDINANCE.

ARE THERE ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NO HANDS ON ZOOM AND SEEING NO ONE APPROACH THE PODIUM.

I'M GONNA CLOSE THE PUBLIC HEARING ON THIS ITEM.

IS THERE A MOTION ON THIS ITEM? I'D LIKE TO MOVE IT.

I'LL SECOND THE ITEM.

UM, MR. DIRECTOR, THIS ITEM, UH, WILL THEN TRANSMIT TO THE PLANNING BOARD.

NO, THIS ITEM HAS BEEN APPROVED AT FIRST READING, AND IT IS SCHEDULED TO BE CONSIDERED, UH, FOR OUR SECOND READING ADOPTION ON OCTOBER 30TH.

AND WE WILL UPDATE THE ORDINANCE FOR SECOND READING WITH THE, UH, CHANGES RECOMMENDED BY THIS COMMITTEE.

ALL.

AND I JUST WANT THE RECORD TO REFLECT, BECAUSE THERE'S A LOT OF MISINFORMATION OUT THERE.

THIS DOES NOT SHUT DOWN EXISTING NIGHTCLUBS.

NON-CONFORMING USE IN PERPETUITY, AND AN EXCEPTION WAS MADE ON WASHINGTON AVENUE.

BETWEEN WHICH TWO STREETS, AGAIN, MR. DIRECTOR, THE, UH, EAST SIDE OF WASHINGTON AVENUE FROM EIGHTH STREET TO 14TH STREET, BETWEEN EIGHTH TO TO TO 14TH STREET.

SO, SO THIS IS TRULY A BALANCE ON THE, UH, ON THE, ON THE, ON THE, ON THE CHARACTER OF MIAMI BEACH THAT WE'VE BEEN ACCUSTOMED TO HISTORICALLY, BUT ALSO IN A STEP FORWARD TO HELP IMPROVE THE IMAGE AND THE SAFETY AND THE QUALITY OF OUR NIGHTLIFE IN MIAMI BEACH.

THANK YOU, COMMISSIONER SUAREZ.

WITH THAT, MR. DIRECTOR, LET'S CALL UP ITEM NUMBER THREE.

[3. AMENDMENT TO COMPREHENSIVE PLAN AND RESILIENCY CODE NONCONFORMING BUILDING PROVISIONS AND RM-1 DISTRICT REGULATIONS TO ALLOW INTRODUCTION OF ON-SITE PARKING AND RESIDENTIAL USES WITHIN NONCONFORMING HOTEL USE ON THE NORTH SIDE OF BELLE ISLE (DUAL REFERRAL TO THE PLANNING BOARD).]

AND, AND FOR THE RECORD, THIS, I'LL SHOW THAT AS APPROVED UNANIMOUSLY.

UH, ITEM NUMBER ONE.

ITEM NUMBER THREE, AN AMENDMENT TO THE COMPREHENSIVE PLAN AND RESILIENCY CODE NON-CONFORMING BUILDING PROVISIONS AND RM ONE DISTRICT REGULATIONS TO ALLOW THE INTRODUCTION OF ONSITE PARKING AND RESIDENTIAL USES WITHIN NON-CONFORMING HOTEL USES ON THE NORTH SIDE OF BELL ISLE.

THIS WAS A DOOR REFERRAL TO THE PLANNING BOARD.

COMMISSIONER DOMINGUEZ, THIS IS YOUR ITEM.

UH, THANK YOU SO MUCH.

SO, UH, THIS ITEM HAS BEEN, UM, IN THE WORKS FOR QUITE SOME TIME, AND IT IS TO REMODEL THE EAST SIDE OF, UM, THE STANDARD HOTEL, UH, TO GIVE IT PARKING AND TO HAVE SOME RESIDENTIAL UNITS IN THERE AS WELL.

AND THE DEVELOPER HAS BEEN IN CON CONSTANT CONTACT WITH THE NEIGHBORHOOD ASSOCIATION, AND THE TWO OF THEM CAME UP WITH A COMPROMISE.

AND, UM, I BELIEVE MICHAEL LARKIN IS HERE TO TALK MORE ABOUT IT.

UM, YES.

UH, MICHAEL, YOU'RE RECOGNIZED.

COMM COMMISSIONER.

THANK YOU, MR. CHAIRMAN.

BOARD MAYOR OF STAFF MICHAEL LARKIN, TWO IN SOUTHEAST CLAIM BOULEVARD HERE RUNS IN THE STANDARD HOTEL.

UH, THE PURPOSE OF THIS LEGISLATION IS THREEFOLD, AS YOU ALL ALREADY MENTIONED.

FIRST, ALLOW THE INCLUSION OF SIX RESIDENTIAL UNITS WITHIN THE PROPERTY.

NUMBER TWO, IT PERMITS THE AGGREGATION OF FERRY LANE ONE AND TWO TO BE WITHIN THE LARGER STANDARD HOTEL PROPERTY FOR THE MERE PURPOSE OF DRIVEWAY CIRCULATION.

AND THE THIRD IS TO REDUCE THE ON REVEAL TRIP REDUCTION THAT'S ALREADY SIGNIFICANT ON THE VENETIAN FROM 50% TO 45%.

WE HAVE WORKED VERY HARD WITH BYER FOR THE LAST YEAR IN ORDER TO OBTAIN THEIR SUPPORT, BUT WE DIDN'T STOP THERE.

WE REACHED OUT TO THE SINGLE FAMILY HOMEOWNERS

[00:20:01]

ON FERRY LANE AND CENTURY LANE WITH FERRY LANE AT FOUR FERRY LANE.

WE OBTAINED A LETTER OF SUPPORT FROM KIM MARTIN AT SIX AND SEVEN FERRY LANE.

WE OBTAINED SUPPORT FROM MELLI AND MR. KOTZE AT 10 FERRY LANE, WHO ALSO OWNS THE RENTAL BUILDING AT 36 ISLAND AVENUE.

WE OBTAINED SUPPORT FROM THE EDELSTEIN FAMILY AT 14 FERRY LANE.

WE OBTAINED A PORT FROM THE HABAD ON CENTURY LANE.

WE OBTAINED SUPPORT FROM MICHAEL SAGER AT EIGHT CENTURY LANE, AND THIS FOXMAN FAMILY AT SEVENTH CENTURY LANE.

AND, UH, THE OWNERS OF 12 CENTURY LANE AS WELL.

THE STANDARD IS A GEM.

THIS LEGISLATION WILL ONLY IMPROVE IT AND THE FUTURE REDEVELOPMENT WILL MAKE IT SHINE EVEN BRIGHTER.

I HAVE A WHOLE PRESENTATION I COULD WALK YOU THROUGH, UM, BUT I PREFER NOT TO.

I'M HERE TO ANSWER YOUR QUESTIONS AND WE RESPECTFULLY REQUEST YOUR APPROVAL OF THIS LEGISLATION AND TRANSMITTAL TO THE PLANNING BOARD.

UH, COMMISSIONER SUAREZ, YOU'RE RECOGNIZED.

AND, AND JUST, UH, JUST FOR THE RECORD, THIS, THIS DOES NOT TOUCH THE HISTORIC FACADE OR ANYTHING LIKE THAT, CORRECT? OF, OF THE STANDARD.

THIS ACTUALLY HELPS PRESERVE THE BEAUTIFUL HISTORIC ELEMENTS, UH, THAT, UH, WE LOVE IN OUR COMMUNITY OF THE STANDARD HOTEL.

TRUE, MR. CHAIR? YES.

AND, AND COMMISSIONER DOMINGUEZ, THANK YOU FOR THAT BECAUSE THE, UH, THE, THE STANDARD IS REALLY ONE OF THE QUALITY ICONIC ESTABLISHMENTS THAT WE ALL LOVE IN MIAMI BEACH.

AND YOUR LEGISLATION IS HELPING ADVANCE THIS PRESERVATION IN A VERY RESPONSIBLE WAY.

UM, MR. LARKIN, HOW LONG HAVE YOU BEEN PRACTICING LAW IN MIAMI BEACH LAND USE? 98.

UM, ARE THERE ANY PROJECTS SIMILAR TO THIS ONE WHERE THERE'S BEEN A SETTLEMENT AGREEMENT WHERE YOU'VE PERSONALLY BROKERED BETWEEN A BUSINESS OWNER AND A CIVIC GROUP? UM, THERE WERE A COUPLE RECENTLY WITH A FRIENDS OF SOUTH POINT ELEMENTARY WHERE IT WAS A SETTLEMENT AGREEMENT AND WE GAVE THEM A CERTAIN AMOUNT OF FUNDS THEY'VE ALREADY USED.

I JUST KNEW THAT LAST, A FEW DAYS AGO, THEY TOLD ME THEY USED OUR SOCCER FIELD AT SOUTH POINT ELEMENTARY.

SO THAT WAS A GOOD USE OF THE FUNDS, UM, MUCH EARLIER.

IT WASN'T WITH A CIVIC ORGANIZATION, BUT TYPICALLY, SOMETIMES PRIVATE PARTIES DO APPROACH YOU AND SAY THAT THEY'LL OBJECT UNLESS YOU GIVE THEM COMPENSATION THAT HAPPENED ON COLLINS AVENUE A LONG TIME AGO.

UM, SO EVERY PROJECT'S A LITTLE BIT DIFFERENT, BUT WITH REGARD TO A NON-PROFIT GROUP, YEAH, WE DID ENTER INTO AN AGREEMENT WITH THE FRIENDS OF SOUTH WHITE ELEMENTARY, AND I THINK IT HELPED THAT ELEMENTARY SCHOOL A LITTLE BIT.

WOULD YOU SAY THAT THIS PARTICULAR SETTLEMENT AGREEMENT IS CONTINGENT UPON A GOVERNMENT APPROVAL? I DON'T THINK IT WAS WORDED LIKE THAT.

WELL, I ASSUME YOU'RE FAMILIAR WITH THE CITY'S AND COUNTY'S PROHIBITION ON CONTINGENCY FEES AS DEFINED IN OUR CODE, CORRECT? RIGHT.

UM, CONTINGENCY FEE PROHIBITED.

UM, PJ, CAN YOU PULL UP SECTION 2 4 8 5 0.3? THE CONTINGENCY FEE? OKAY, LET ME READ THIS TO YOU.

YEAH, IF YOU COULD ZOOM IN A LITTLE BIT SO PEOPLE CAN READ.

NO PERSON OR ENTITY, NO PERSON OR ENTITY MAY IN WHOLE OR IN PART GIVE OR AGREE TO PAY OR GIVE A CONTINGENCY FEE TO ANOTHER PERSON.

NO PERSON MAY IN WHOLE OR IN PART RECEIVE OR AGREE TO RECEIVE A CONTINGENCY FEE AS USED HERE IN CONTINGENCY FEE MEANS A FEE BONUS COMMISSION OR NON-MONETARY BENEFIT AS COMPENSATION WAS, WHICH IS DEPENDENT ON ANY WAY OR CONTINGENT ON THE PASSAGE TO FEE OR MODIFICATION OF THREE PARTS.

AND ORDINANCE RESOLUTION, ACTION OR DECISION OF THE CITY COMMISSION.

ANY ACTION, DECISION OR RECOMMENDATION OF THE CITY MANAGER OR ANY CITY BOARD OR COMMITTEE, OR ANY ACTION, DECISION OR RECOMMENDATION OF CITY PERSONNEL DURING THE PERIOD OF TIME, THE ENTIRE DECISION MAKING PROCESS REGARDING SUCH ACTION DECISION RECOMMENDATION, WHICH FORESEEABLY WILL BE HEARD REVIEWED BY THE CITY COMMISSION OR A CITY BOARD OR COMMITTEE.

MM-HMM, .

SO YOU COULD PUT, YOU COULD END THE SLIDESHOW.

UH, PJ UM, DO YOU HAVE A COPY OF THE SETTLEMENT AGREEMENT HERE TODAY? NO, I DO.

AND I WANT TO SHARE WITH MY CO WITH MY COLLEAGUES.

AND I HAVE ONE COPY FOR YOU.

PASS IT DOWN.

WOULD YOU LIKE ONE, MR. LARKIN? ALRIGHT.

IT'S FINE.

[00:25:02]

PJ.

NOW CAN YOU PULL UP THE SETTLEMENT AGREEMENT SO THAT EVERYONE CAN SEE IT, PLEASE.

SO HERE IS A SETTLEMENT AGREEMENT THAT WAS PREPARED BY YOU.

UM, AND I'D LIKE TO POINT OUT SOME SERIOUS CONCERNS THAT I BELIEVE MY COLLEAGUES SHOULD BE AWARE OF.

UH, PJ IF YOU COULD SCROLL TO PAGE 10, PLEASE.

SO THIS IS THE SECTION OF THE STA THIS OF THE SETTLEMENT AGREEMENT, WHERE THE STANDARD OWNER SHALL PAY A TOTAL SUM OF $1.2 MILLION TO BUREAU IN THE FOLLOWING THREE INSTALLMENTS.

OKAY? PART, PART, PART A 30% WITHIN 15 DAYS OF EXECUTION, WHICH APPARENTLY HAS ALREADY BEEN PAID 30% OF WITHIN 30 DAYS OF A FINAL NON APPEALABLE APPROVAL OF THE DEVELOPMENT APPROVALS DEFINED BY 30 DAYS AFTER RENDITION OF A DESIGN REVIEW BOARD ORDER, WHICH HAS ALREADY HAPPENED, APPROVING THE PROJECT OR THE EFFECTIVE DATE OF PROPOSED LEGISLATION, WHICHEVER COMES LATER.

AND LASTLY, 40% WITHIN 30 DAYS OF AN ISSUANCE OF A MASTER BUILDING PROJECT AND FURTHERANCE OF THE DEVELOPMENT APPROVALS, THESE PAYMENTS SHALL BE MADE TO A NONPROFIT ENTITY ESTABLISHED BY BUREAU FOR PHYSICAL QUALITY OF LIFE, AND GET THIS LIFESTYLE AND CULTURAL IMPROVEMENTS TO BELL ISLE AS DETERMINED BY THE NOT-FOR-PROFIT ENTITY ESTABLISHED BY YOU COULD PUT THE SLIDESHOW DOWN.

WHEN I FOUND OUT ABOUT THIS, THE REASON I FOUND OUT ABOUT THIS WAS BECAUSE OF, UH, THE PERSON IN TODAY, JOE FARONE, DURING THE DRB MEETING TOLD ME THAT THERE WAS A $1.2 MILLION PAYOUT.

I COULDN'T BELIEVE IT.

I I, I LOOKED HER UP.

I COULDN'T FIND HER PHONE NUMBER.

I KNOCKED ON HER DOOR, I WENT TO HER HOUSE, AND I KNOCKED ON HER DOOR.

YOU KNOW, I HAVE SERIOUS CONCERNS ABOUT THE PROCESS.

WE ARE WITNESSING HERE.

IT SEEMS THAT THIS $1.2 MILLION PAYOFF IS BEING TIED TO HOW WE AND OUR COMMITTEES VOTE ON THIS PROJECT.

THIS RAISES SERIOUS ETHICAL, WAIT, WAIT, COMMISSIONER, PRESIDENT.

WAIT, WAIT, COMMISSIONER, I DON'T KNOW WHAT'S HAPPENING ON THE OUTSIDE, BUT I'M NOT GONNA ALLOW A COMMITTEE MEMBER TO SAY THAT SOMETHING THAT WE ARE NOT A PARTY TO IS INFLUENCING ANYONE'S VOTE UP HERE.

SO IF YOU WANT TO CONTINUE WITH YOUR PRESENTATION, CONTINUE.

BUT I, BUT I'M NOT GONNA ALLOW ANYONE TO SAY THAT ANYTHING IS INFLUENCING OUR DECISION MAKING, BECAUSE THIS IS THE FIRST THAT I'M HEARING OF THIS.

I HAVE ON MY PHONE TEXT MESSAGES BEING LOBBIED ON THIS ITEM.

IT IS 100%, THERE IS 100% A LOBBYING EFFORT TO PASS THIS ITEM.

AND SO NOW WE HAVE A SITUATION WHERE A NEW ENTITY HAS BEEN FORMED AND PAYMENTS ARE BEING MADE CONTINGENT UPON A GOVERNMENT APPROVAL.

WHILE I DON'T NECESSARILY BLAME THE BUSINESS OWNER FOR THIS STRUCTURE, THIS FEELS LIKE EXTORTION.

I MEAN, I MEAN, GUYS, , WHAT KIND OF PRECEDENT ARE WE, ARE WE ALLOWED TO BE SET HERE BY ALLOWING A NEW BUSINESS OWNER OF MIAMI BEACH TO BE SHAKEN DOWN BASED ON CONTINGENT DEALS FOR A MILLION DOLLARS? SO, I'M NOT IF YOU, IF YOU, LEMME I JUST, I JUST WANT US TO BE CLEAR ABOUT SOMETHING.

I JUST WANT US TO BE CLEAR ABOUT SOMETHING.

WE HAVE NONPROFIT ORGANIZATIONS THAT HAVE WORKED WITH PRIVATE APPLICANTS IN THE PAST TO GET PUBLIC BENEFITS FOR THEIR ORGANIZATIONS.

THE CITY HAS RECEIVED PUBLIC BENEFITS AS A RESULT OF PROJECTS THAT HAVE BEEN APPROVED IN THE CITY.

THE, THE PARK, UH, AT FIFTH AND ALTON WAS A PUBLIC BENEFIT AS A RESULT OF A PROJECT THAT WAS APPROVED IN FOR THE CITY.

BUT THAT WAS DONE THROUGH AN OPEN, TRANSPARENT PROCESS.

THIS SETTLEMENT AGREEMENT WAS DONE.

THAT'S GOVERNMENT.

GOVERNMENT IS, IS SUBJECT TO AN OPEN AND TRANSPARENT PROCESS BY IRA, IS A NEIGHBORHOOD ASSOCIATION.

AND THEY'RE NOT SUBJECT TO THE SAME RULES.

SO I'M JUST, I'M JUST PROVIDING CONTEXT.

THEY'RE A NEIGHBORHOOD ORGANIZATION.

AND, AND I, I, I TOTALLY UNDERSTAND THAT.

BUT THERE IS LITERALLY A LAW THAT PROHIBITS A CONTINGENCY FEE.

AND THIS IS, AND, AND THE WAY THIS SETTLEMENT AGREEMENT IS STRUCTURED IS THAT IT'S CONTINGENT UPON OUR APPROVAL.

THERE, THERE IS BEING A GAMBLE.

A GAMBLE IS BEING MADE ON HOW WE AND OUR COMMITTEES VOTE ON THIS PROJECT.

AND I THINK THAT'S HIGHLY DISTURBING AND IT'S AGAINST THE LAW.

AND IF, IF YOU DON'T MIND, LOOK, I CALLED THE OWNER OF THE STANDARD.

WHEN I FOUND OUT ABOUT THIS, I CALLED HIM AND I GO, HOW DO YOU, HOW DID YOU FEEL ABOUT THIS? AND HE WAS UPSET.

[00:30:01]

WAS LIVID.

HE'S LIKE, YEAH, I DIDN'T WANT TO PAY A DIME.

AND HE SAID, THIS IS THE FIRST TIME HE'S WORKED IN MIAMI BEACH.

THIS IS THE FIRST TIME HE'S MET MICHAEL LARKIN, OR DID OR DID BUSINESS WITH MICHAEL LARKIN.

AND THAT THE WHOLE TIME HE FELT LIKE HE WAS GETTING SHAKEN DOWN.

HE ALSO TOLD ME THAT THIS, YOU KNOW, THIS UNDERGROUNDING UH, THIS, UH, THIS SETTLEMENT AGREEMENT WAS SUPPOSEDLY TO PAY FOR UNDERGROUNDING WIRES OR SIDEWALK IMPROVEMENTS.

BUT IF THAT WAS THE CASE, THAT SHOULD HAVE BEEN, THAT SHOULD HAVE BEEN A PROFFER TO THE CITY BY THE, BY THE BUSINESS OWNER.

IT SHOULDN'T HAVE BEEN DONE THROUGH A BACKDOOR DEAL.

BUREAU DOESN'T OWN ANY PROPERTY.

THEY, THEY HAVE SOLE DISCRETION WHAT, WHAT, WHATEVER THEY CAN DO WITH THIS $1.2 MILLION.

AND SO I FIND IT HIGHLY DISTURBING THAT THESE DEALS ARE BEING MADE ON THE SIDE FOR SEVEN FIGURES, WHERE IT'S DEPENDENT ON HOW WE VOTE.

YOU KNOW, LOOK, I, I LIKE THIS PROJECT.

I, I, I AM, I I LOVE THE PROJECT.

I, I LIKE THAT WE'RE ENHANCING THE STANDARD.

UH, IT'S GONNA BE BEAUTIFUL.

I DON'T HAVE A PROBLEM WITH THE PROJECT PER SE.

AND IN FACT, IF YOU LOOK AT THAT AGREEMENT, MOST OF THE AGREEMENT COVERS REALLY GOOD QUALITY OF LIFE.

STUFF LIKE PARKING, UH, NOISE, HOURS OF OPERATION, UH, YOU KNOW, NO SPECIAL EVENTS.

IT'S, IT'S GREAT, BUT IT SHOULDN'T COST $1.2 MILLION.

I MEAN, WHAT, SERIOUSLY, WHAT KIND OF PRECEDENT ARE WE SETTING HERE IF WE ALLOW THIS COMMISSIONER, UH, TO, TO GO FORWARD? I MEAN, LET'S, LET'S WRAP UP BECAUSE WE HAVE OTHER COMMISSIONERS THAT WANT TO BE RECOGNIZED, INCLUDING THE SPONSOR OF THE ITEM.

SO, PUBLIC BENEFITS ARE NOT ANYTHING NEFARIOUS OR TO BE EMBARRASSED ABOUT.

UM, JOE'S NEIGHBOR IS PAYING THE CITY, UH, ALMOST A MILLION DOLLARS FOR THEIR AIR RIGHTS AGREEMENTS.

SO PUBLIC BENEFITS HAPPEN ALL THE TIME.

AND TO TRY TO MAKE THIS OUT TO SEEM LIKE IT'S SOMETHING HIDDEN OR NEFARIOUS IS WRONG.

UM, AND THE COMMUNITY DESERVES TO GET UNDERGROUNDING AND DESERVES TO GET FUNDS TO PAY FOR THINGS THAT'LL MAKE BELL ISLE BETTER.

SO, UM, I'D LIKE TO CONTINUE WITH THE ITEM AND SEE IF WE HAVE THE VOTES TO PASS IT.

WELL, THANK, THANK YOU.

THANK YOU, MR. ATTORNEY.

AND I'M GLAD THE INSPECTOR GENERAL IS HERE.

'CAUSE I JUST, I, I JUST NEED TO KNOW, I NEED TO HAVE CLARITY, MR. ATTORNEY.

AN ORDINANCE WAS PUT ON THE SCREEN, EXPLAIN TO ME THAT ORDINANCE IS I'M BEING HAD HIT FROM LEFT FIELD WITH, WITH, WITH ALL OF THIS INFORMATION THAT I DIDN'T HAVE BEFORE.

UM, SO EXPLAIN TO ME THIS ORDINANCE, I'M HAPPY TO WALK YOU THROUGH THE ORDINANCE.

BEFORE I DO, I JUST WANNA SET THE STAGE A LITTLE ON, ON THE KINDS OF SETTLEMENT ARRANGEMENTS THAT, THAT, THAT PEOPLE ENTER INTO BEFORE A LAND USE BOARD APPROVAL.

BECAUSE PARTIES ARE ALWAYS ENCOURAGED TO, TO SETTLE, UM, THEIR POTENTIAL OBJECTIONS TO A PROJECT OR, OR, UH, DESIGN CHANGES THAT ARE REQUESTED OR OPERATIONAL CONDITIONS.

FOR EXAMPLE, THE, THE PARK IN NORTH BEACH THAT WE'RE GETTING, UH, ON, ON, ON, UM, OCEAN TERRACE.

WELL, THAT'S, THAT'S A DIFFERENT STORY.

I'LL, SO, SO WHAT THIS CODE SECTION DEALS WITH IS, IS THIRD PARTY ARRANGEMENTS, UH, WITH, WITH LOBBYISTS OR OTHER INDIVIDUALS WHO ARE APPEARING BEFORE THE CITY, UH, IN SUPPORT OF, OR, OR IN OPPOSITION TO AN ITEM.

RIGHT? SO, I, I JUST, JUST FOCUSING ON, ON THE SORT OF SETTLEMENT AGREEMENTS THAT, THAT PEOPLE ENTER INTO BEFORE PROJECTS ARE APPROVED.

UM, OFTEN IT'S A MATTER OF A SIMPLE CONVERSATION WHERE A NEIGHBOR SAYS, YOU KNOW, CAN YOU MOVE YOUR DRIVEWAY OR CAN YOU SHIFT A WINDOW SO IT DOESN'T LOOK DIRECTLY, UH, INTO MY APARTMENT? RIGHT.

WE SEE THE, YOU KNOW, WE SEE THOSE ALL THE TIME.

WE ALSO SEE, UH, THERE ARE ALSO AGREEMENTS, UH, BETWEEN NEIGHBORING PROPERTY OWNERS THAT WE, THAT WE NEVER SEE BECAUSE WE'RE NOT A PARTY TO THEM.

SO, UH, SO THIS ONE IS, IS IS, I WILL SAY IT'S UNUSUAL IN THAT WE HAVE A COPY OF IT AT ALL AND WE'RE ABLE TO SEE IT.

UM, BUT, BUT JUST TAKING ALL THAT INTO ACCOUNT, UM, THERE IS AN EXCEPTION FROM THE DEFINITION OF LOBBYISTS FOR, UM, FOR REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATIONS WHO APPEAR WITHOUT ANY SPECIAL COMPENSATION FOR THAT APPEARANCE.

HOWEVER, THOSE INDIVIDUALS ARE STILL REQUIRED TO REGISTER AND ARE STILL SUBJECT TO, UH, THE PROVISIONS OF THIS, OF, OF, OF OUR CODE OF ETHICS.

SO, UM, WHAT THE SPECIFIC SECTION STATES, MR. CHAIRMAN, THIS IS THE QUESTION YOU ASKED ME.

UH, AND THIS IS SECTION TWO DASH 4 85 0.3, PROHIBITING CONTINGENCY FEES.

WHAT THE SECTION STATES IS NO PERSON OR ENTITY MAY IN WHOLE OR IN PART PAY OR GIVE OR AGREE TO PAY OR GIVE A CONTINGENCY FEE TO ANOTHER PERSON.

NO PERSON MAY IN WHOLE OR IN PART RECEIVE OR AGREE TO RECEIVE A CONTINGENCY FEE AS

[00:35:01]

USED IN THE SECTION.

CONTINGENCY FEE MEANS A FEE BONUS COMMISSION OR NON-MONETARY BENEFIT AS COMPENSATION, WHICH IS DEPENDENT ON OR IN ANY WAY CONTINGENT ON THE PASSAGE TO FEE OR MODIFICATION OF A NUMBER OF CITY ACTIONS THAT COMMISSIONER SUAREZ WALKED YOU THROUGH.

UM, SO I THINK, YOU KNOW, THIS PROVISION IS NOT IMPLICATED BECAUSE A NEIGHBOR AGREED TO, UH, TO CHANGES TO A PROJECT, TO OPERATIONAL CONDITIONS.

IT'S NOT EVEN IMPLICATED BECAUSE A NEIGHBOR AGREED TO, UH, OR, OR A NEIGHBOR OR DEVELOPERS AGREED TO PAY, UM, UH, MONETARY PAYMENTS TO THE NEIGHBORHOOD ASSOCIATION.

BUT WHAT WOULD IMPLICATE THE SECTION, JUST TO BE VERY CLEAR, WHAT WOULD IMPLICATE THE SECTION ARE PAYMENTS THAT ARE CONTINGENT ON THE OUTCOME OF A CITY DECISION, OF A CITY APPROVAL.

SO IF THE, IF THE AGREEMENT ADDRESSES, AND I'D LIKE PJ IF YOU COULD TO PUT IT UP AGAIN.

YEP.

IT SAYS IT RIGHT HERE WITH 30%, WITHIN 30 DAYS OF THE FINAL NON-APPLICABLE APPROVAL OF DEVELOPMENT APPROVALS DEFINED AS 30 DAYS AFTER TION OF THE DRB ORDER APPROVING THE PROJECT OR THE EFFECTIVE DATE OF PROPOSED LEGISLATION.

SO THAT, SO THAT'S THAT SECOND PAYMENT.

AND THEN, AND WHO, AND WHO IS, WHO IS RESPONSIBLE TO ABIDE BY THE TERMS OF THIS ORDINANCE? SO THE APPLICANT IS THE, IS IT OUR RESIDENCE? LIKE WHO, WHO'S RESPONSIBLE FOR THAT? THE, THE, THE CODES.

AND JUST TO BE CLEAR, IT'S THE, IT'S THE SECOND AND THE THIRD PAYMENTS THAT, THAT WOULD IMPLICATE THIS SECTION.

BUT, BUT THE RESPONSIBILITY IS ON ANYONE WHO'S APPEARING BEFORE THE CITY.

RIGHT? SO IT COULD APPLY TO A LOBBYIST, UM, IT COULD APPLY TO AN INDIVIDUAL EXEMPT FROM THE DEFINITION OF LOBBYIST, BUT IS OTHERWISE REQUIRED TO REGISTER LIKE A NEIGHBORHOOD ASSOCIATION.

UM, FRANKLY, IT SAYS NO PERSON MAY GIVE A CONTINGENCY FEE TO ANOTHER PERSON.

IT'S WRITTEN THE CODE SECTION'S WRITTEN VERY BROADLY.

NOW, I WILL SAY THAT THIS SECTION IS WITHIN OUR CODE OF ETHICS.

SO IT IS SUBJECT TO ENFORCEMENT, UH, BY THE MIAMI-DADE COUNTY COMMISSION ON ETHICS.

OF THE BELL ISLE, UH, NEIGHBORS.

UM, YOU KNOW, I THINK WE HAVE TO BE VERY CAREFUL BECAUSE I DO, I DO THINK THAT NEIGHBORHOOD ASSOCIATIONS ARE INDEPENDENT ENTITIES.

THEY'RE NOT, THEY'RE NOT PART OF THE GOVERNMENT.

THEY'RE NEIGHBORS WHO COME TOGETHER TO LOOK OUT FOR THE BEST INTEREST IN A MUCH MORE LOCALIZED WAY FOR THEIR NEIGHBORHOOD.

AND WE ALL THE TIME TELL LOBBYISTS TO CONTACT THE NEIGHBORHOOD ASSOCIATIONS AND, AND NEIGHBORHOOD ASSOCIATIONS LOOK OUT FOR THEIR, FOR THEIR BEST INTEREST.

AND, UH, AND THEY ENTER INTO, INTO, INTO THESE AGREEMENTS.

AND I THINK THAT THE ACTION THAT, THAT, THAT WE TAKE ON SOMETHING LIKE THIS COULD END UP HURTING NEIGHBORHOOD ASSOCIATIONS THROUGHOUT THE CITY, UH, DEPENDING ON THE PRESIDENT THAT, THAT, THAT WE SET HERE.

UM, ASSOCIATIONS SHOULD BE ABLE TO MEET WITH PROJECT APPLICANTS.

ASSOCIATIONS SHOULD BE ABLE TO SEEK BENEFITS FOR THEIR NEIGHBORS.

THAT IS NOTHING UNHEARD OF.

IT'S HAPPENED IN, IN, IN THE CITY HISTORICALLY.

UM, YOU KNOW, I THINK WE SHOULD BE AWARE OF IT.

FRANKLY, I DON'T LIKE FINDING OUT ABOUT IT IN THIS SETTING.

UM, AND I THINK MR. ATTORNEY, WE NEED TO WORK ON LANGUAGE TO MAKE SURE THAT THERE'S PROPER DISCLOSURE AND TRANSPARENCY ON THAT.

BECAUSE I, I, I, FRANKLY, I, I REALLY DON'T LIKE SITTING HERE AND HAVING THIS THROWN AT ME, ESPECIALLY WHEN PEOPLE SPEAK TO ME ON A VERY FREQUENT BASIS ABOUT THESE ITEMS. SO I REALLY DON'T, DON'T LIKE BEING SURPRISED IN THIS WAY AT ALL.

UM, SO, SO THERE NEEDS TO BE A LEVEL OF TRANSPARENCY HERE, BUT LET'S BE VERY CLEAR.

OUR OWN GOVERNMENT ENGAGES IN THIS ACTIVITY, OUR OWN GOVERNMENT.

WE HAVE RECEIVED A NUMBER OF BENEFITS FOR THE COMMUNITY, FOR THE PUBLIC THROUGH PROJECTS THAT WE APPROVE.

IT'S HOW WE ENDED UP WITH A BEAUTIFUL NEW PARK AT FIFTH AND, AND, AND ALTON.

IT'S HOW WE'VE ENDED UP WITH SO MANY OTHER PUBLIC BENEFITS THROUGHOUT THE CITY.

UM, IT'S THROUGH, IT'S, IT'S THROUGH AGREEMENTS LIKE THESE, AS OF THIS ONE IS BEING DONE BY A PRIVATE PARTY, BY NEIGHBORS WHO ARE FIGHTING FOR THEIR OWN INDIVIDUAL INTEREST FOR THEIR NEIGHBORHOOD.

IT'S NOT TO PERSONALLY ENRICH ONE RESIDENT.

IT IS, IT IS AN AGREEMENT THAT ENRICHES THE NEIGHBORHOOD THAT EN ENRICH, THAT ENRICHES THE COMMON GOOD

[00:40:01]

LET COMMISSIONER SEZ, LET, LET ME, LET ME SPEAK TO THAT, BECAUSE I, I, I UNDERSTAND THAT, THAT YOU MEAN, WELL, MR. FERNANDEZ, BUT IN REALITY, ONLY THREE PEOPLE ARE RECEIVING $1.2 MILLION.

THIS WAS A NEWLY FORMED ENTITY THAT IS MAYBE A MONTH OLD, AND THERE'S ONLY THREE SIGNERS ON THIS CHECK WITH COMPLETELY NO OVERSIGHT, NO ACCOUNTABILITY ON HOW THIS $1.2 MILLION IS GONNA SPENT.

UH, GOOD MORNING, OR, YEAH, STILL GOOD MORNING COMMISSIONERS.

WAIT, WAIT, WAIT, WAIT, WAIT, WAIT.

HOLD UP.

THE BELL ISLE NEIGHBORHOOD ASSOCIATION HAS BEEN LONG EXISTING.

IT'S NO DIFFERENT THAN THE CITY COMMISSION, BUT THE ENTITY THAT'S BEEN PAID, I HAVE THE FLOOR COMMISSIONER, I HAVE THE FLOOR.

ARE, IT IS LIKE SAYING THAT THE SEVEN MEMBERS OF THE CITY COMMISSION ARE BENEFITING FROM THE $1 BILLION BUDGET OF THE CITY? NO, ABSOLUTELY NOT.

WE ARE ACTING ON BEHALF, WE ARE THE STEWARDS OF THE PUBLIC.

WE'RE ACTING ON THEIR BEHALF.

ANY NEIGHBORHOOD ASSOCIATION, YOU'LL HAVE A HANDFUL OF OFFICERS, TWO OR THREE OFFICERS.

THAT DOESN'T MEAN IT'S BENEFITING OR ENRICHING THOSE TWO OR THREE PEOPLE.

THEY'RE ACTING ON BEHALF OF THEIR RESIDENTS.

NO DIFFERENT THAN HOW THE SEVEN OF US ACT ON BEHALF OF THE CONSTITUENTS OF THE CITY OF MIAMI BEACH.

IF THE PAYMENT WAS BEING MADE TO BUREAU, THAT WOULD BE A VALID POINT, BUT IT'S NOT.

IF YOU LOOK AT THE AGREEMENT, IT'S A NEWLY FORMED ENTITY CREATED BY BUREAU.

AND I LOOKED AT THAT ENTITY, AND THERE'S ONLY THREE INDIVIDUALS.

THREE INDIVIDUALS ARE GONNA HAVE THE SOLE DISCRETION TO SPEND $1.2 MILLION ON HOW THEY SEE FIT.

AND I UNDERSTAND THAT THE ARGUMENT OF A PARK AND A PUBLIC BENEFIT, BUT THAT GOES THROUGH A PUBLIC PROCESS.

THERE IS TRANSPARENCY, THERE IS INTEGRITY ON HOW THAT IS BEING DEALT THROUGH THIS, THE IT, WE DON'T HAVE ANY SITUATION.

AND IN FACT, WE HAVE A, A-A-A-A-A LAND OWNER HERE, JOE, WHO, WHO IS, WHO'S, WHO'S, WHO'S GONNA TESTIFY THAT SHE'S BEEN COMPLETELY LEFT OUT OF THIS PROCESS.

SHE, SHE NEVER GOT A MESSAGE FROM BIERA, AND SHE IS DIRECTLY IMPACTED BY THIS PROJECT.

THIS IS HOW I FOUND OUT.

I DIDN'T FIND OUT BECAUSE I, I, I, I, I DIDN'T LIKE THE PROJECT.

I FOUND OUT BECAUSE AT THE DRB MEETING, SHE SPOKE AND SHE SAID THAT I, I WAS NEVER INVOLVED IN THIS PROJECT, AND THAT THERE WAS A $1.2 MILLION PAYOFF.

TO ME, A RED FLAG GOES UP IN MY HEAD, ESPECIALLY WHEN IT'S, WHEN IT'S THAT LARGE OF A, AND SOMETIMES, AND SOMETIMES IT MIGHT BE GOOD TO HAVE STRUCTURE ON NEIGHBORHOOD ASSOCIATIONS TO, TO HAVE ADVERTISE MEETINGS AND, AND ELECTIONS.

BECAUSE SITTING ON THIS CHAIR, I HAVE SEEN THAT SOMETIMES IT IS GOOD TO HAVE A LEVEL OF TRANSPARENCY ON, ON NEIGHBORHOOD ASSOCIATIONS.

I'M JUST GOING TO ASK THE ATTORNEY WHAT IS THE BEST COURSE OF ACTION, BECAUSE I, I HAVE TO SAY, I REALLY FEEL VERY UNCOMFORTABLE RIGHT NOW.

WE SHOULD ASK THAT INSPECTOR GENERAL, AND, AND, AND, AND I JUST, MR. ATTORNEY, I NEED YOU TO GUIDE US ON THE BEST COURSE OF ACTION WITH THIS RIGHT NOW, UH, , UM, BECAUSE I, I NEED TO KNOW THIS, THIS ENTITY THAT WAS FORMED ARE, ARE WE FAMILIAR WITH THIS ENTITY? WHAT, WHAT DO WE KNOW ABOUT THEM? UM, MR. CHAIRMAN, I, I, UM, WHAT I CAN TELL YOU IS YOU HAVE AN ITEM BEFORE YOU THAT REFERENCES LEGISLATIVE AMENDMENTS FOR THE STANDARD MM-HMM.

UM, WHAT WE HAVE LEARNED IS THAT THERE WAS A SETTLEMENT ARRANGEMENT BETWEEN THE DEVELOPER AND A NEIGHBORHOOD ASSOCIATION, UH, ON THE ISLAND.

UM, THAT PART, YOU KNOW, THE, THE, THE AGREEMENT ADDRESSES A RANGE OF TERMS. WE OBVIOUSLY ARE NOT A PARTY TO THAT AGREEMENT.

UM, SO I'M, I'M SPEAKING TO YOU JUST HAVING, YOU KNOW, HAVING LOOKED AT IT ON, ON, ON A FEW SLIDES, BUT THE, UM, THE, THE, THE PARTS OF THE AGREEMENT THAT RELATE TO CHANGES TO A PROJECT OR OPERATIONAL CONDITIONS, UM, I, I DON'T THINK, YOU KNOW, EVEN THE FIRST FINANCIAL PAYMENT, I DON'T THINK IMPLICATE OUR CODE, BUT I I, I AM CONCERNED THAT THE SECOND AND THIRD, UH, PAYMENTS MAY, AND SO IT, IT, IT, IT'S, IT'S UP TO YOU ALL IF YOU'D LIKE, UM, IF YOU'D LIKE TO ASK RA TO, TO, UH, TO SPEAK TO ANY OF THIS, IF IT COULD EVEN BE THAT THEIR INTENT WAS TO WORK WITH THE CITY AND, AND, UM, PROVIDE GRANT FUNDING FOR SOME OF THESE PROJECTS.

I MEAN, THE, THE PURPOSES SEEM TO ADDRESS THE PUBLIC REALM, QUALITY OF LIFE SAFETY, UM, UH, YOU KNOW, SO THAT MAY BE ONE OPTION, OR IF YOU'D LIKE, YOU COULD CONTINUE IT AND ASK BIERA TO, UH, TO APPEAR AT A SUBSEQUENT MEETING.

IT'S, IT'S, IT'S UP TO YOU.

I, YOU KNOW, LET ME, LET ME ASK COMMISSIONER DOMINGUEZ, THIS IS YOUR ITEM.

LET ME, I, LET ME, LET ME ALLOW YOU TO, TO CHIME IN, UH, ON HOW, ON, ON YOUR THOUGHTS ON THIS.

WELL, BIERA IS HERE, SO I'D LIKE TO GIVE THEM THE OPPORTUNITY TO DEFEND THEMSELVES.

MR. CHAIRMAN, CAN I SPEAK AFTER BERA THAT'S HERE FROM BYRON?

[00:45:01]

AND, UM, I APPRECIATE THE OPPORTUNITY TO COME IN AND, AND TALK TO YOU TODAY AND TALK ABOUT WHAT IT IS THAT WE ARE TRYING TO ACHIEVE WITH THIS SETTLEMENT AGREEMENT.

WHAT'S YOUR NAME? WHAT'S YOUR NAME? YOUR NAME FOR THE RECORD, PLEASE.

JACK ROBBINS, VICE PRESIDENT AND BUREAU.

SO, AS WAS MENTIONED EARLIER, WE STARTED THESE DISCUSSIONS WELL OVER A YEAR AGO.

UM, COMMISSIONER DOMINGUEZ BROUGHT THE PARTIES TOGETHER, LET US KNOW, UM, THAT THE STANDARD WAS INTERESTED IN A REDEVELOPMENT PLAN AND ENCOURAGED US TO WORK WITH THEM.

AND WE DID.

SO OVER THE COURSE OF A YEAR, WE'VE HAD MANY, MANY, I THINK, COLLABORATIVE, PRODUCTIVE MEETINGS.

AND YOU SEE THE RESULTS OF THAT.

NOW THAT YOU HAVE THE COPY OF THE AGREEMENT COMMISSIONER, YOU SEE THE RESULTS OF THAT YOURSELF.

UM, SO FOR THE BENEFIT OF BELL IS, AND BELL IS RESIDENTS AND BELL VISITORS.

I THINK THIS IS A BIG, BIG WIN FOR ALL PARTIES THAT YOU MENTIONED, THAT YOU HAD SPOKEN TO THE OWNER.

AND I WOULD SAY THAT WHAT YOU CONVEYED BASED ON YOUR CONVERSATION IS VERY, VERY DIFFERENT THAN THE DISCUSS DISCUSSIONS THAT WE'VE HAD, BY THE WAY, ALL REPRESENTED BY LEGAL COUNSEL, BOTH BERA AND, AND THE DEVELOPER AND THE OWNER OF THE STANDARD PARTICIPATING IN THOSE AS WELL.

SO, I, I CAN'T SAY THE NATURE OF THE CONVERSATION THAT YOU HAD WITH HIM AND WHAT HE MAY HAVE COMMUNICATED TO YOU, BUT THAT'S CERTAINLY DIFFERENT THAN THE PERSPECTIVE THAT WE HAVE TODAY.

NOW, WITH RESPECT TO THE COMMUNITY BENEFIT ITSELF, IT WAS IMPORTANT TO BERA THAT WE SET IT UP A SEPARATE NONPROFIT ENTITY BECAUSE WE, FOR THE PRECISELY THIS REASON, WE DID NOT WANT THERE TO BE AN APPEARANCE THAT BERA WAS TAKING SOME AMOUNT OF FUNDS AND SPENDING IT ON WHATEVER WE CHOOSE TO DO WITHOUT GOVERNANCE, WITHOUT, UM, ANY PLAN.

SO WE CHOSE, AGAIN, WITH LEGAL GUIDANCE TO ESTABLISH THIS NONPROFIT ENTITY.

IT IS NEW.

THE REASON THAT THERE ARE THREE NAMES ATTACHED TO THAT, AS YOU PROBABLY FIND IN SUNBIZ, IS THAT'S HOW YOU SET UP AN ENTITY.

YOU HAVE TO HAVE OFFICERS.

SO THE OFFICERS WERE NAMED, UM, IT WAS SET UP BY OUR ATTORNEY.

THERE IS A PLAN TO BEGIN, UH, OUR GOVERNANCE PROCESS WHERE WE WILL NAME, UM, NOT JUST THE THREE PEOPLE WHO ARE REGISTERED AS SUNBIZ, UM, OFFICERS TODAY, BUT OTHER MEMBERS OF THE ISLE RESIDENTS ASSOCIATION, AND POTENTIALLY PEOPLE OUTSIDE OF BUREAU.

UM, WE HAVE BEEN TALKING ABOUT PERHAPS HAVING SOME MEMBER OF CITY STAFF OR EVEN THE COMMISSION, UH, IF THEY WOULD BE, UH, WILLING TO DO SO AND LIKE TO DO SO, TO BE PART OF THAT GOVERNANCE PROCESS SO THAT THE EXPENDITURE OF FUNDS OVER A PERIOD OF TIME, UH, IS OPEN, IS TRANSPARENT, AND IS PART OF THE COMMUNITY DISCUSSION.

THANK YOU MR. ROBBINS, FOR, FOR, FOR ALLOWING, UH, FOR THE GOVERNMENT TO HAVE A ROLE IN THAT DISCUSSION.

I THINK THAT THAT COULD, COULD, COULD HELP ENSURE, UH, THAT PUBLIC BENEFITS LIKE THIS ONE AND OTHERS IN, IN THE FUTURE ARE TRULY DONE, UM, IN THE BEST INTEREST, UH, OF, OF THE PUBLIC.

UM, AND SO, AND SO, UM, I'D LIKE TO OPEN UP THE FLOOR TO MEMBERS OF THE PUBLIC WHO WOULD LIKE TO SPEAK IF I COULD COMMISSIONER JUST ONE MORE COMMENT ABOUT YES.

TRANSPARENCY, BECAUSE, UH, AS I SAID, WE'VE HAD MEETINGS OVER THE COURSE OF A YEAR, UM, MOVING IN THIS DIRECTION, BUT THERE HAVE BEEN NOTICES FROM THE CITY TO BELL IS RESIDENTS REGARDING THIS REDEVELOPMENT.

THERE HAVE BEEN NOTICES FROM BERRA, AND IN FACT, THERE WAS AN OPEN MEETING THAT ALL COMMUNITY, UH, MEMBERS WERE INVITED TO.

THE STANDARD THEMSELVES CONDUCTED A COMMUNITY MEETING THAT THEY SENT MULTIPLE MAILINGS TO, UH, BERRA SENT MULTIPLE, UH, NOTICES TO OUR EMAIL DISTRIBUTION.

SO I JUST WANNA MAKE CLEAR THAT NONE OF THIS HAS HAPPENED IN A VACUUM, AND THERE'S NEVER BEEN ANY ATTEMPT TO HIDE WHAT WE'RE TRYING TO ACCOMPLISH.

UM, THE COMMUNITY BENEFIT WAS DISCUSSED IN MANY OF THESE MEETINGS.

SO I JUST WANNA MAKE THAT POINT CLEAR AS WELL.

THANK YOU SO MUCH, MR. ROBINSON.

AND I, AND, AND FROM MY PERSPECTIVE, AND I UNDERSTAND, UM, COMMISSIONER SUAREZ, THE PERSPECTIVE OF, OF THE RESIDENTS, UH, WHO ARE SITTING IN FRONT OF US TODAY, WHO LIVE ON THE NORTH SIDE OF THE, OF THE ISLAND.

I'VE UN I'VE ALWAYS SEEN BARRA REPRESENTING THE RESIDENTS OF THE SOUTH SIDE OF THE, OF THE ISLAND, AND HAS ALWAYS BEEN VERY CLEAR, UM, ABOUT THAT.

SO IT'S NO SURPRISE TO ME THAT RESIDENTS FROM THE NORTH SIDE OF THE ISLAND WOULDN'T HAVE BEEN INCLUDED IN, IN, IN THESE DISCUSSIONS.

THAT'S NOT SURPRISING TO ME.

AND JUST ONE MORE CLARIFICATION.

AND THEN, AND THEN WE'RE GONNA MOVE ON, SIR, ONE MORE CLARIFICATION.

WE DO HAVE BUREAU OF BOARD MEMBERS, UM, PAST AND PRESENT WHO ARE RESIDENTS OF THE NORTH SIDE OF THE ISLAND.

[00:50:01]

OH, SAME FAMILY HOME.

WELL, I STAND CORRECTED THEN.

THANK YOU SO MUCH, MR. MR. ROBBINS.

I'M GONNA OPEN UP THE FLOOR TO MEMBERS, ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM.

IF THERE ARE MEMBERS, UH, ATTENDING VIA ZOOM, WISHING TO SPEAK ON THIS ITEM, PLEASE UH, PRESS, UH, THE RAISE HAND ICON.

UH, WELCOME.

PLEASE, UH, STATE YOUR NAME FOR THE RECORD.

YOU'LL HAVE TWO MINUTES TO SPEAK.

HI GUYS.

I'M JOE FERONE.

I WOULD LIKE A LITTLE MORE THAN TWO MINUTES TO SPEAK IF I COULD.

UM, BECAUSE THIS, I HAVE A FAIR AMOUNT TO SAY.

UM, I HAVE ABSOLUTELY NO OBJECTION TO THE STANDARD PLANS AT THIS POINT.

I WAS TAKEN ABACK WHEN I LEARNED OF THEM, UH, SO, SO LATE IN THE GAME.

AND AS THE PREVIOUS GUYS SAID, THEY'VE BEEN NEGOTIATING, UH, FREQUENTLY AND FREQUENT MEETINGS FOR OVER A YEAR WITH THE STANDARD, UH, UH, UH, TO, TO DISCUSS CONDITIONS FOR THE DEVELOPMENT THAT'S PROPOSED.

I LIVE RIGHT NEXT DOOR TO THE DEVELOPMENT THAT'S PROPOSED.

MY LABOR, MY NEIGHBORS LIVE RIGHT NEXT DOOR.

UM, I'VE BEEN ON FERRY LANE FOR 15 YEARS.

I HAVE NEVER BEEN DRAFTED BY RA.

I DIDN'T EVEN KNOW WHAT RA STOOD FOR.

I DID, I KNEW THERE WAS A NEIGHBORHOOD ASSOCIATION.

I DIDN'T KNOW THAT WAS THEIR NAME.

I HAVE NEVER MET THIS GENTLEMAN WHO SEEMS PERFECTLY NICE.

I HAVE NOTHING AGAINST MY NEIGHBORS, YOU KNOW, TO THE SOUTH.

BUT BIERA DOES NOT REPRESENT ME.

IT NEVER HAS, I'VE NEVER RECEIVED A SINGLE, UH, NOTICE OR EMAIL OR INVITATION OR ANYTHING FROM BERA.

AND SO HERE THEY ARE FOR A YEAR REPRESENTING, AS I UNDERSTAND IT, TO MIGUEL AND TO MICHAEL AND WHOEVER IS INVOLVED ON THE STANDARD SIDE THAT THEY SPEAK FOR US.

IF I WERE GOING TO HAVE A PARTY AT MY HOUSE AND THERE WAS GONNA BE EXTRA CARS AND MAYBE A LITTLE EXTRA PARTY NOISE AND WHAT HAVE YOU, I WOULD TELL MY NEIGHBORS, I WOULDN'T GO ACROSS TO SOUTH, UH, YOU KNOW, ISLAND AVENUE AND TELL EVERYBODY WHO LIVED IN THE CONDOS THERE.

IT HAS NOTHING TO DO WITH THEM, NOTHING.

SO HERE THEY ARE, MEETING FOR A YEAR, UNBEKNOWNST TO US, WE WERE TOLD THAT ABSOLUTELY THE 11TH HOUR ABOUT THIS WHOLE THING AND INVITED TO A NICE PARTY, BUT THE DEAL WAS ALREADY DONE.

UH, THEY MANAGED TO GET, YOU KNOW, 1.2, ALMOST $1.3 MILLION TO SPEND AT THEIR OWN DISCRETION.

I CAN GUARANTEE YOU THAT NOT A DIME OF THAT WILL EVER ACCRUE TO THE BENEFIT OF THE PEOPLE ON OUR SIDE OF THE ISLAND.

UM, AND, UH, AND IT IS WEIRD.

AND I THINK, TO ME IT SOUNDS LIKE EXTORTION.

I THINK THAT, YOU KNOW, I WAS, I WAS ANGRY WITH MIGUEL BECAUSE NORMALLY IN THIS PROCESS, WHAT'S HAPPENED IN PAST YEARS WHEN THERE WAS A DEVELOPMENT PROPOSED FOR, FOR THE STANDARD, THEY WERE ALL OVER THE RESIDENTS OF FERRY LANE AND CENTURY LANE TO SOME DEGREE.

BUT IT REALLY AFFECTS US THE MOST.

AND BASICALLY WE WOULD WORK OUT A LITTLE DEAL.

I MEAN, THERE'S NOTHING WRONG WITH, UH, YOU KNOW, WITH BEING A GOOD NEIGHBOR AND, AND SAYING, OKAY, WELL MAKE SURE THAT THE TRUCKS DON'T COME DOWN, YOU KNOW, AFTER FIVE O'CLOCK, OR THEY'RE NOT GONNA COME BARRELING DOWN YOUR STREET, OR IF THERE'S ANY STRUCTURAL DAMAGE DONE TO THE IMMEDIATELY, UH, JUXTAPOSED BUILDINGS WILL TAKE CARE OF IT WILL TAKE THE RESPONSIBILITY, THIS WHOLE DEAL.

AND, AND BECAUSE BUREAU REPRESENTED THAT THEY WERE SPEAKING FOR US, THAT NEVER HAPPENED.

I WAS REALLY P****D OFF ABOUT IT UNTIL I FOUND OUT THAT THE PEOPLE I'M REALLY P****D OFF WITH ARE THOSE PEOPLE AT BUREAU WHOSE NAMES I DO NOT KNOW BECAUSE I'VE NEVER MET THEM.

THANK YOU, MA'AM.

I'M SORRY.

HAVE, HAVE SAID I HAVE TO MOVE ON, THAT THEY REPRESENT MY CONCERNS.

THEY PATENTLY DO NOT.

HAVE BEEN AS ROBUST AS WITH THE NEIGHBORS ON THE SOUTH.

AND I THINK THEY SHOULD BE CALLED BI SOUTH.

THANK YOU ALLEN RESIDENCE.

I APPRECIATE YOUR COMMENTS.

UH, THANK YOU FOR, FOR ATTENDING.

ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE IN PERSON, SEEING NONE ON ZOOM.

UH, I'M, I'M GONNA BRING THE DISCUSSION BACK TO THE DAYS.

UM, SO, SO WE HAVE THIS ITEM BEFORE US.

UM, YOU KNOW, I DO BELIEVE THIS IS A GOOD ITEM.

I DO BELIEVE THAT THIS IS AN ITEM THAT, UH, HELPS, UH, THE, THE STANDARD HOTEL.

UH, I DON'T THINK THAT THE RESIDENTS OF THE BELL AISLE NEIGHBORHOOD DID ANYTHING WRONG IN ADVOCATING FOR THE NEEDS OF THEIR NEIGHBORHOOD AND ENTERING INTO AN AGREEMENT JUST HOW MANY OTHER, UH, ASSOCIATIONS MAY DO IN OTHER CIRCUMSTANCES, UH, ENTERING INTO CONVERSATION WITH, WITH, WITH AN APPLICANT.

I THINK IF I WERE THE APPLICANT, I MIGHT BE THINKING PERHAPS OF, OF REACHING OUT TO OTHER NEIGHBORS, UH, THAT PERHAPS COMMUNICATION HA MAY NOT

[00:55:01]

UH, BUT, BUT THIS IS A GOOD ITEM.

THIS IS SOMETHING GOOD.

THIS IMPROVES AN IMPORTANT ASSET IN, IN OUR CITY AND HELPS ENSURE IT'S, IT'S IT'S FUTURE.

UM, SO, SO, SO I THINK IT, IT IS PROPER FOR, FOR THIS ITEM TO MOVE FORWARD TODAY, BUT MAKING SURE THAT THE RESIDENTS ON THE NORTH SIDE OF THE ISLAND ARE NOT FORGOTTEN ABOUT.

AND THEY CLEARLY, AS WE'RE HEARING TODAY, DON'T FEEL REPRESENTED, UH, BY, BY THE NEIGHBORHOOD ASSOCIATION.

AND THEY, AND THEY DESERVE TO BE REPRESENTED AS WELL.

COMMISSIONER BOND, YOU'RE RECOGNIZED.

UM, I THINK EVERYBODY, IT'S SUPPORTIVE OF THE PROJECT MOVING FORWARD.

I, I THINK WHAT I'D LIKE SOME CLARIFICATION ON MR. ATTORNEY IS, UM, IF, IF THERE ARE CONCERNS ABOUT THE, THE DRAFTING OF THE LANGUAGE OF THIS, UH, AGREEMENT BETWEEN PRIVATE INTER ENTITIES, IS THAT SOMETHING THAT CAN BE BIFURCATED AND HANDLED SEPARATELY? OR IS IT I'M NOT AN ISSUE ISSUE.

I'M GONNA STOP YOU THERE.

HOLD UP.

I'M SORRY.

THIS IS AN AGREEMENT BETWEEN TWO INDEPENDENT PARTIES THAT WE ARE NOT A PARTY TO TWO PRIVATE PARTIES.

MAY I RESTATE MY QUESTION? YEAH.

I DON'T THINK I, IF THERE IS A PROBLEM WITH THE WAY THE LANGUAGE IS DRAFTED, CAN WE MOVE FORWARD WITH APPROVING? I I'M NOT, I'M NOT CLEAR THAT THERE IS, BECAUSE YOU SAID ON ITEM NUMBER ONE, UM, THERE WAS NO IMPLICATION, BUT ON, ON B AND C THERE MIGHT BE.

SO, BUT IT'S NOT BETWEEN, IT'S NOT OUR, THE CITY'S ISSUE.

THE CITY IS HERE TO OPINE ON, ON WHETHER OR NOT THE PROJECT SHOULD MOVE FORWARD.

IF THERE IS AN ISSUE WITH THE, THE LANGUAGE IN A LEGALLY BINDING SETTLEMENT AGREEMENT, IS THAT SOMETHING THAT THE TWO PARTIES HAVE TO TAKE UP AMONGST THEMSELVES AN ADDRESS? OR WHAT DO WE DO ABOUT THAT? BECAUSE I DON'T WANT, I DON'T, I DON'T KNOW.

I'M NOT A LAWYER OR A LAND USE ATTORNEY OR, OR, YOU KNOW, WHATEVER.

SO I DON'T WANNA GET INVOLVED WITH THAT.

IF IT'S FINE, IT'S FINE.

IF IT'S NOT FINE, THEY NEED TO FIX IT.

BUT IN THE MEANWHILE, THE PROJECT SHOULD GO FORWARD.

SO HOW DO WE DO THAT? UH, THE, THE AGREEMENT ITSELF, AS YOU STATED, COMMISSIONERS IS AN AGREEMENT BETWEEN TWO PRIVATE PARTIES.

SO, AND, AND THOSE PARTIES ARE IN THE ROOM.

I DON'T WANNA SPEAK TO WHAT THEIR INTENT WOULD BE WITH REGARD TO, TO THEIR AGREEMENT.

UM, WHAT, WHERE THE CITY IS, IS INVOLVED IS THAT OUR CODE, UH, PROHIBITS CONTINGENCY FEE ARRANGEMENTS IT, UM, OF, OF THE NATURE OF THE SECOND AND THIRD PAYMENTS.

UM, AND THO BECAUSE THAT'S PART OF THE CITY'S CODE OF ETHICS, IT'S, IT'S NOT, YOU KNOW, IT'S NOT ENFORCED BY, YOU KNOW, MY OFFICE OR THE CITY CLERK'S OFFICE.

IT'S, IT'S, IT'S ENFORCED BY THE MIAMI-DADE COUNTY, UH, COMMISSION ON ETHICS.

SO I THINK IF YOU'RE ASKING DOES, DOES THIS, UH, PREVENT YOU FROM MOVING THE LEGISLATION FORWARD WHILE ANY, UM, POTENTIAL RENEGOTIATION OR ANY POTENTIAL, UH, ETHICS INVESTIGATION PROCEEDS, I THINK THOSE CAN GO, THOSE COULD GO SEPARATELY.

I MEAN, I THINK, UH, IT DOESN'T HOLD THE COMMISSION BACK ON THE LEGISLATIVE MATTERS, BUT DO, DO THE ETHICS CONSIDERATIONS WHETHER OR NOT THERE ARE ANY, UM, THEY DON'T AFFECT US AS A GOVERNMENT.

IT, THAT WOULD BE BETWEEN THE, THE TWO PARTIES OF THE, OF THE SETTLEMENT, RIGHT? THAT'S RIGHT.

'CAUSE WE'RE NOT, WE'RE NOT, WE DIDN'T NEGOTIATE ANY PART OF THIS.

WE'RE, WE'RE, WE DID NOT.

NO, WE DID NOT.

YES, THAT'S RIGHT.

SO IT DOESN'T AFFECT US.

SO, SO I WOULD MOVE TO, TO MOVE THIS ITEM, UH, WITH A FAVORABLE RECOMMENDATION.

AND THEN, YOU KNOW, THE, THE, THE PRIVATE ENTITIES WILL HAVE TO FIGURE OUT WHAT THEY WANT TO DO ABOUT THE LANGUAGE.

MR. MR. CHAIR ON THE, ON THE MOTION TO APPROVE THE ITEM COMMISSIONER, MR. CHAIR? YES.

UM, ON THE MOTION, UH, OUR INSPECTOR GENERAL WAS THE DIRECTOR OF THE ETHICS, UH, OF THE COUNTY.

I MEAN, I DON'T KNOW IF HE CAN COME UP AND SPEAK TO THIS.

UH, AND I MEAN, CERTAINLY I DON'T FEEL COMFORTABLE VOTING ON A MATTER WHERE MY VOTE IS GONNA POTENTIALLY MAKE SOMEONE A MILLIONAIRE.

TWO PRIVATE ENTITIES, AND THAT IS NOT ANYTHING THAT THE GOVERNMENT IS INVOLVED IN.

I, I THINK THAT IS, I THINK THAT'S HIGHLY INAPPROPRIATE.

I'D LOVE TO SEE, UH, WHAT JOE SANTINO SAYS, UH, ON, ON THE MATTER.

AND I THINK THE BEST COURSE OF ACTION IS TO REALLY REFER THIS TO THE, DEFER THIS FOR NOW FOR ONE MONTH TO THE ETHICS COMMISSION AND SEE, UH, WHAT THEIR OPINION IS ON THE MATTER.

BECAUSE, YOU KNOW, I MEAN, WELL, I, THE, THE CODE IS PRETTY, THE CODE IS, IS IS PRETTY PLAIN LANGUAGE THAT ANY PERSON OR ENTITY RECEIVING OR GIVING MONEY, UM, BASED ON A CONTINGENCY OF A GOVERNMENT APPROVAL IS STRICTLY PROHIBITED.

SO, SO I BELIEVE THAT THAT IS A PRIVATE MATTER BETWEEN

[01:00:01]

AND I AM NOT MAKING MY DECISION BASED ON SOMETHING THAT I'M JUST FINDING OUT TODAY.

AND I DON'T THINK ANY OF US SHOULD BE MAKING OUR DECISION BASED ON, BASED ON A SETTLEMENT AGREEMENT BETWEEN TWO PRIVATE PARTIES.

I, I, THAT'S NOT HOW WE DO LAND USE IN OUR CITY.

WE DO, WE SHOULD BE DOING LAND USE POLICY AS, AS IT RELATES TO HOW IS SOMETHING GOING TO AFFECT TRAFFIC FLOW, HOW IS SOMETHING GOING TO AFFECT THE CHARACTER OF A HISTORIC BUILDING IS A CONTEXTUAL TO AN AREA.

AND THAT IS THE POLICY THAT WE HAVE BEFORE US TODAY.

WE DON'T HAVE A POLICY AND A RECOMMENDATION BASED ON A SETTLEMENT AGREEMENT THAT I'M JUST FINDING OUT ABOUT TODAY.

AND SO, AS IT, AS IT RELATES TO A POLICY MAKING MATTER, I THINK IT WOULD IN FACT BE WRONG FOR US TO DEFER AND THIS AS A RESULT OF A MATTER THAT SHOULD NOT BE INFLUENCING OUR VOTE IN ANY WAY, WHETHER IN FAVOR OR AGAINST, AND I THINK IT SHOULD BE, UH, UP TO THE RESIDENTS WHO FEEL, UH, THAT ANYTHING WAS DONE WRONG TO FILE AN ETHICS COMPLAINT, UH, ABOUT THIS.

UM, THIS IS A MATTER BETWEEN TWO PRIVATE ENTITIES THAT OUR CITY IS NOT A PARTY TO.

AND I THINK WE, WE, WE HARM OUR PROCESS WHEN WE ALLOW OUTSIDE AGREEMENTS LIKE THIS TO PLAY A ROLE, WHETHER IN, WHETHER FOR OR AGAINST A PARTICULAR PARTY, A PARTI, A PARTICULAR, UM, POLICY THAT IS COMING BEFORE US.

AND MR. ATTORNEY, PLEASE CORRECT ME IF I'M, IF I'M WRONG IN ANY OF THIS, IT, IT, IT'S, IT'S THE, IT'S THE BOARD'S PREROGATIVE.

WHETHER YOU, WHETHER YOU WANNA PROCEED WITH THE LEGISLATION, IT'S ENTIRELY YOUR PREROGATIVE.

I, I THINK I, I PERSONALLY BELIEVE THESE AGREEMENTS SHOULD NOT BE INFLUENCING US ONE WAY OR ANOTHER.

IF IT WERE AN AGREEMENT THAT WERE BETWEEN THE PARTY AND THE CITY AT THAT POINT, I DO BELIEVE THAT, THAT, WELL THEN YES, THEN IT'S A MATTER OF, OF PUBLIC POLICY MAKING.

BUT IN A SITUATION LIKE THIS, I DON'T BELIEVE THAT WE SHOULD BE HOLDING UP A POLICY THAT'S IMPORTANT, UH, AS A RESULT OF A PRIVATE AGREEMENT BETWEEN TWO ENTITIES.

BECAUSE IN THE FUTURE, PEOPLE COULD ENTER INTO AGREEMENTS JUST TO DERAIL POLICY MAKING.

IT'S NOT HOW POLICY MAKING SHOULD WORK IN THIS DISTANCE.

UH, LET ME, UM, RESPOND TO THAT.

COMMISSIONER.

I JUST WANNA BE VERY CAREFUL ABOUT THE PRECEDENT WE ARE SETTING HERE TODAY.

UNFORTUNATELY, THAT'S A MISREPRESENTATION YOU'RE PUTTING THERE.

I THINK THE COMMUNITY BENEFIT OF NOISE, QUALITY OF LIFE ISSUES IS GREAT, BUT JUST THINK ABOUT FOR A SECOND WHAT WE ARE DOING HERE.

WE'RE GONNA BE VOTING ON A MATTER THAT'S CONTINGENT UPON, UH, OUR APPROVAL TO LITERALLY MAKE SOMEONE OR THREE PEOPLE MILLIONAIRES.

I, I, I FIND THAT SO DIS CAN I, COMMISSIONER? COMMISSIONER, I'M GONNA, I'M GONNA, I'M GONNA, I'M GONNA, I'M GONNA ASK YOU, PLEASE STOP BECAUSE IT'S NOT MAKING THREE PEOPLE MILLIONAIRES.

IT IS, IT IS AN INDEPENDENT ENTITY THAT IS SUPPOSED TO BE REPRESENTING THE NEIGHBORS OF BELL IS.

I THINK THAT THAT'S, THAT.

I DON'T, I DON'T BELIEVE THIS IS MAKING THREE PEOPLE MILLIONAIRE.

AND I SEE THE INSPECTOR GENERALS HERE, HE'S BEEN REFERENCED.

MR. SANTINO, IF YOU WANT TO COME FORWARD AND GUIDE US, BECAUSE I HAVE ASKED YOU TO WORK ON A RED FLAG ORDINANCE SPECIFICALLY FOR ISSUES LIKE THIS ONE.

AND SO I WOULD ACTUALLY APPRECIATE YOU COMING TO THE PODIUM, AND PLEASE STOP US IF ANYTHING WRONG, IF WE'RE ABOUT TO DO ANYTHING THAT'S WRONG, I WILL COMPLETELY ENTERTAIN A MOTION TO DEFER THIS ITEM IF YOU FEEL THAT THAT IS NECESSARY.

UH, BECAUSE THE ONE THING I, I WILL NOT ALLOW US TO DO IS WALK ON THE LINE OF ETHICS.

THAT IS A LINE WE DO NOT CROSS.

WE ARE HERE TO MAKE PUBLIC POLICY ON LAND USE MATTERS WHETHER A PRIVATE AGREEMENT WAS MADE OR NOT.

I, I DO NOT BELIEVE THAT A PRIVATE AGREEMENT BETWEEN TWO PRIVATE PARTIES SHOULD, IN ANY WAY, POSITIVELY OR AGAINST INFLUENCE POLICYMAKING ON LAND USE, WHERE THAT IS USUALLY NOT A MATTER OR A, A MATTER OF CRITERIA THAT WE CONSIDER.

SO, MR. SANTINO, YOU ARE WELCOME TO ADDRESS THIS BODY.

ALRIGHT, WELL, THANK YOU, UH, MR. CHAIRMAN AND, UH, UH, COMMISSIONERS.

UM, I'M NOT IN A POSITION TO GIVE YOU AN OPINION HERE BECAUSE I, I'M NOT, I'VE, WE HAVEN'T LOOKED INTO THIS MATTER.

WE HAVEN'T INVESTIGATED THIS MATTER AND, UH, I'VE JUST BECOME AWARE OF IT.

UM, YOU KNOW, UM, I AM FAMILIAR WITH, YOU KNOW, OBVIOUSLY WITH THE ETHICS ORDINANCES, BUT I HAVE NO, I HAVE NO AUTHORITY GIVING AN ETHICS OPINION THAT IS, IS ON, THAT IS RESERVED TO THE, UM, TO THE ETHICS, UM, UH, COMMISSION.

UH, I AM FAMILIAR WITH THIS PROVISION.

I'M NOT AWARE THAT IT'S BEEN APPLIED IN THIS SITUATION.

HOWEVER, THE LANGUAGE, AS YOU KNOW,

[01:05:01]

THE, THE CITY ATTORNEY, UH, HAS, HAS INDICATED IS A VERY BROAD LANGUAGE.

SO I CAN'T TELL YOU THAT THIS, THE EXISTING, UH, UH, ETHICS COMMISSION MIGHT NOT FIND IT TO BE, UH, UH, IN VIOLATION OF THE ETHICS, UH, OF THE ETHICS PROVISIONS.

THAT'S SOMETHING THAT WOULD HAVE TO COME FROM THEM VIA A REQUEST FOR AN OPINION THAT THEN THAT REQUEST COULD COME FROM THE CITY, IT COULD COME FROM THE PARTIES INVOLVED, FROM ANYBODY CONNECTED, UH, TO IT.

UM, I AGREE THAT IT'S BETWEEN TWO PRIVATE PARTIES.

THIS, THE CITY IS NOT, YOU KNOW, COMMITTING A VIOLATION, UM, IN, IN, IN THIS SITUATION BECAUSE IT'S, YOU KNOW, IT'S NOT, IT'S NOT A PARTY.

IT'S NOT APPROVING ANY AGREEMENT.

I WOULD BE, I WOULD BE CONCERNED ABOUT IT, THAT IN SO FAR AS THE CITY ATTORNEY FEELS AND HAS GIVEN THAT, THAT THAT INDICATION THAT, THAT THE, THE BROAD LANGUAGE IN THAT, IN THAT, UH, ORDINANCE COULD BE, COULD BE INTERPRETED TO APPLY TO THIS SITUATION.

UM, AND THE ONLY WAY TO, TO CLARIFY THAT OR GET, GET THAT, YOU KNOW, GET THAT ISSUE RESOLVED, WOULD BE TO GET IT TO THE ETHICS COMMISSION AND GET AN OPINION FROM THEM.

AND, YOU KNOW, EVERYBODY THEN WOULD KNOW WHICH WAY IT, UH, THINGS ARE GOING.

I WOULD THINK THAT IF THERE IS A PROBLEM WITH IT, IT PROBABLY, SINCE I DON'T THINK ANY, THE, THE, THE CONTINGENCY ANY OF THESE, THESE CONTINGENCY TYPE PAYMENTS HAVE BEEN MADE.

YOU KNOW, THERE'S A, THERE'S A CHANCE TO, TO AMEND THE, UH, THE PROVISION, UH, MAYBE TO, TO, UH, TO AVOID THAT.

MR. CENTRINO, LET ME, LET ME ASK YOU THE OUTCOME OF ANY REVIEW BY THE, BY THE COMMISSION ON ETHICS, ON ON THE PRIVATE AGREEMENT, WHAT INFLUENCE SHOULD THAT HAVE OVER OUR DECISION ON THE POLICY? UH, SHOULD IT, SHOULD IT WEIGH ONE WAY OR OR ANOTHER ON THE ZONING POLICY? WELL, YOU KNOW, I'M, I'M THE ADVOCATE NOT JUST OF FOLLOWING THE LAW.

I'M AN ADVOCATE OF PUBLIC TRUST AND DO, AND AVOIDING DOING ANYTHING THAT MIGHT DIMINISH THE PUBLIC TRUST.

SO IF THERE'S A SENSE HERE, IF THERE IS A SENSE HERE THAT, YOU KNOW, IT WOULD BE BETTER TO GET AN ETHIC, HAVE THE ETHICS COMMITTEE WEIGH IN BEFORE YOU TAKE ACTION, YOU KNOW, AND THE ONLY CONSIDERATION THERE IS NOT THE LEGALITY OF IT, IT'S THE, THE PERCEPTION OF WHETHER SOMEHOW BY VIRTUE OF THE CITY TAKING ACTION, YOU'RE, YOU KNOW, IN EFFECT, YOU KNOW, GOING FORWARD OR THE, WITH A, AT LEAST A SOMETHING THAT, THAT SOMEBODY'S RAISED A QUESTION ABOUT.

I'M NOT SAYING THAT, THAT THERE'S ANY VIOLATION HERE, BUT, UM, I WOULD RELY ON THEM TO DO IT.

SO I THINK, AND THEN THAT'S A JUDGMENT.

I THINK ULTIMATELY AS PUBLIC SERVANTS, WE HAVE TO MAKE EVERY TIME WE, WE DO ANYTHING, YOU KNOW, IS THERE A PUBLIC TRUST ISSUE HERE OR NOT? AND YOU KNOW, THAT, THAT, THAT'S SOMETHING THAT, UH, YOU KNOW, YOU OBVIOUSLY SHOULD THINK ABOUT.

BUT, UH, THAT'S NOT SOMETHING THAT I CAN AT THIS POINT GIVE ANY DIRECTION TO.

AND MR. ATTORNEY, CAN THIS, UH, COMMISSION REQUEST AN OPINION FROM THE COMMISSION ON ETHICS, UH, BEFORE WE MOVE FORWARD? IS THAT SOMETHING THAT THE COMMITTEE CAN DO? UH, YES.

WE, WE CAN DO THAT.

BECAUSE NEIGHBORHOOD ASSOCIATIONS DO REPRESENT RESIDENTS.

WELL, GIVEN, GIVEN THE COMMENTS PLACED ON THE RECORD BY, UH, BY, BY MR. SANTINO, THEN I BELIEVE THAT THAT WOULD BE THE MOST APPROPRIATE THING TO DO.

BECAUSE AS YOU MENTIONED, IT'S NOT NECESSARILY THE LEGALITY.

IT DOESN'T MEAN THAT THIS ITEM CAN'T MOVE FORWARD, BUT IT'S A MATTER OF PUBLIC TRUST AND PUBLIC PERCEPTION THAT MATTERS JUST AS MUCH.

AND IF WE, IF, IF, IF AN ACTION THAT THE CITY IS NOT A PARTY TO, UM, YOU KNOW, IS CREATING THAT SITUATION, THAT IS SOMETHING THAT WE NEED TO CONSIDER.

BUT I JUST WILL PUT ON THE TABLE, I'M GLAD THAT WE'RE HAVING THIS DISCUSSION BECAUSE I THINK THE THREE OF US SAT IN A COMMITTEE MEETING PROBABLY THREE OR FOUR MONTHS AGO, WHERE I BROUGHT AN ITEM RELATING TO TRANSPARENCY OF NEIGHBORHOOD ASSOCIATIONS, FORMALIZING NEIGHBORHOOD ASSOCIATIONS, HAVING PUBLIC MEETINGS FOR NEIGHBORHOOD ASSOCIATIONS, HAVING ADVERTISED MEETINGS AND ADVERTISED ELECTIONS WITH SET GEOGRAPHIC BOUNDARIES.

EVERYTHING THAT WAS MENTIONED TODAY THAT WAS NOT DONE WITH THIS AND THE ITEM WAS, WAS TURNED DOWN.

IT IS PRECISELY BECAUSE OF SITUATIONS LIKE THIS, WHY I, WHY I PROPOSED THAT.

THEY DO ENGAGE WITH APPLICANTS.

THEY DO PLAY AN IMPORTANT ROLE IN THE PROCESS.

AND RESIDENTS TODAY ARE COMPLAINING THAT PERHAPS SOMETHING SHOULD HAVE BEEN MORE TRANSPARENT, THAT PERHAPS THEY SHOULD HAVE BEEN MORE REPRESENTED, THAT PERHAPS A GEOGRAPHIC BOUNDARY SHOULD BE BETTER DEFINED, UH, TO, SO THAT PEOPLE CAN KNOW WHO'S BEING REPRESENTED BY WHOM AND WHO IS NOT.

AND SO, AND SO, YOU KNOW, IT'S JUST SOMETHING FOR US TO KEEP IN MIND IN, IN, IN THE FUTURE, NUMBER ONE, NEIGHBORHOOD ASSOCIATIONS DON'T ACT ON BEHALF OF CITY COMMISSIONS.

BUT NUMBER TWO, PERHAPS WE NEED TO ENHANCE ON THE TRANSPARENCY THAT, UH, THAT, THAT,

[01:10:01]

THAT WE HAVE IN PLACE, UH, AND FORMALIZE SOME OF THESE NEIGHBORHOOD ASSOCIATIONS SO THAT WE DON'T FIND OURSELVES IN THIS TYPE OF SITUATION AGAIN IN THE FUTURE.

COMMISSIONER SUAREZ, THANK YOU FOR ADVOCATING FOR, FOR THE PUBLIC.

I DON'T, WHAT I DON'T WANT THIS TO LOOK LIKE IS THAT THE RESIDENTS DID ANYTHING WRONG OR ILLEGAL, BECAUSE THEY DID NOT, THE RESIDENTS OF BELLE ISLE WERE ADVOCATING FOR THEIR NEIGHBORHOOD AND A PRIVATE AGREEMENT BETWEEN TWO PARTIES, JUST HOW MANY OTHER ORGANIZATIONS MAY HAVE DONE IN, IN THE PAST.

AND COMMISSIONER DOMINGUEZ'S ITEM, COMMISSIONER DOMINGUEZ'S ITEM, I THINK IS A VERY GOOD ITEM.

AND IT SHOULDN'T BE PUBLICLY TAINTED IN ANY WAY IN THE PUBLIC'S PERCEPTION OF IT, BECAUSE OF A PRIVATE AGREEMENT BETWEEN PARTIES THAT THE CITY IS NOT INVOLVED IN.

BUT I DO BELIEVE BECAUSE OF THE COMMENTS PLACED ON THE RECORD BY THE INSPECTOR GENERAL, THAT IT MIGHT BE IN GOOD PUBLIC OPTIC FOR THE PUBLIC TRUST TO ALLOW THE COMMISSION ON ETHICS TO WEIGH IN ON THIS BEFORE WE MOVE FORWARD.

SO THAT, SO THAT WE MAKE SURE THAT THERE'S NO QUESTIONING ON THE PROCESS.

SO IS THERE IS, SO I THINK WE HAVE TO WITHDRAW THE MOTION.

SO COMMISSIONER DOMINGUEZ, YOUR, OKAY.

SO, UH, SO I'LL TALK, YOU WANNA AMEND YOUR MOTION, I'LL AMEND IT TO REFER THIS TO THE ETHICS COMMISSION AND HOPEFULLY GET A, A RESPONSE SO THAT WE CAN HEAR IT AND VOTE ON IT NEXT MONTH.

AND DO WE THINK THAT THAT MIGHT BE POSSIBLE, MR. ATTORNEY? I, I WILL REACH OUT TO THEM TODAY, UM, AND FIND OUT WHAT THEIR, WHAT THEIR TIMELINES ARE GENERALLY.

SO, AND, AND WE NEED TO WORK ON TWO THINGS.

NUMBER ONE, DISCLOSURE.

WE NEED TO EDUCATE THE NEIGHBORHOOD ASSOCIATIONS THAT MAY NOT KNOW OF THIS PROVISION.

'CAUSE AGAIN, NEIGHBORHOOD ASSOCIATIONS DON'T FOLLOW OUR CODES.

THEY HAVE NO REASON WHY TO KNOW THEY EXIST.

THEY INNOCENTLY ARE GETTING IN THE MIX OF SOMETHING VERY UGLY, NOT KNOWING OF A REGULATION THAT THEY, THAT MIGHT APPLY TO THEM.

SO I THINK WE OWE IT TO THEM AS A COURTESY FOR THE VOLUNTEER WORK THAT THEY DO FOR US TO LET THEM KNOW OF THIS, OF THIS, OF THIS PROVISION.

AND NUMBER THREE, I THINK WE JUST NEED TO WORK ON, AGAIN, THAT LEGISLATION ON NEIGHBORHOOD ASSOCIATIONS TO MAKE SURE THAT WE MAINTAIN A LEVEL OF ORGANIZED TRANSPARENCY IN THAT LOCAL LEVEL OF COMMUNITY WORK.

UM, LET ME END OFF WITH THIS.

I, I, LIKE I SAID, I THINK THIS PROJECT IS GREAT.

I, I, I, I DON'T, I CERTAINLY DON'T BLAME, UH, THE, THE BUSINESS OWNER.

I, I DON'T HAVE ANY FAULT TO THE SPONSOR OF THIS ITEM, BUT THE FACT THAT, YOU KNOW, WE HAVE A LAND USE ATTORNEY WHO'S BEEN WORKING SINCE 98 IN MIAMI BEACH, WHO SHOULD HAVE KNOWN THESE LAWS AND WHO SHOULD HAVE, WHO, WHO, WHO SHOULD HAVE KNOWN EXACTLY THE LAWS WHERE THERE'S A PROHIBITION ON CONTINGENCY FEES, RIGHT? IS WHAT I FIND UNACCEPTABLE.

AND SO, YOU KNOW, I, I THINK, UM, I THINK, YOU KNOW, THANK YOU, COMMISSIONER.

THE ISSUE SHOULD BE, UH, RE REALLY INVESTIGATED AT THE, UH, AT THE REPRESENTATION LEVEL.

THERE'S BEEN A MOTION AND A SECOND BY, CAN WE SHOW THAT BY ACCLAMATION? YES.

AND COLLEAGUES, I KNOW WE'RE ALL DOING THIS IN THE BEST INTEREST OF THE PUBLIC, AND I, AND, AND, AND I DO FIRMLY BELIEVE IN THAT.

UM, I JUST, YOU KNOW, ANY COMMENTS? WE JUST HAVE TO BE CAREFUL NOT TO SEEM ATTACKING INDIVIDUALS.

I MEAN, THAT, THAT'S, THAT'S MY ONLY HESITATION WITH THE TONE OF THIS DISCUSSION, IS THAT IT FELT LIKE, YOU KNOW, THREE INDIVIDUALS WERE BEING ATTACKED WHEN THEY WERE JUST VOLUNTEERS LOOKING OUT FOR THE BEST INTERESTS OF THEIR COMMUNITY, THE SAME WAY THAT AT TIMES WE MIGHT GET ATTACKED, YOU KNOW, WHEN WE'RE JUST VOLUNTEERING FOR THE BEST INTEREST OF OUR COMMUNITY.

SO WITH THAT, LET'S MOVE ON TO ITEM, UH, NUMBER FOUR, MR.

[4. ORDINANCE TO CREATE FAR, HEIGHT AND SETBACK INCENTIVES FOR NON-TRANSIENT RESIDENTIAL USES FOR PROPERTIES FRONTING 6TH STREET IN THE C-PS2 ZONING DISTRICT (DUAL REFERRAL TO THE PLANNING BOARD).]

DIRECTOR.

ITEM NUMBER FOUR IS A PROPOSAL FOR AN ORDINANCE TO CREATE FAR HEIGHT AND SETBACK INCENTIVES FOR NON-TRANSIENT RESIDENTIAL USES FOR PROPERTIES FRONTING SIXTH STREET IN THE CCPS TWO ZONING DISTRICT.

THIS WAS A DUAL REFERRAL TO THE PLANNING BOARD COMMISSIONER SU SUAREZ, THIS IS YOUR ITEM, YOU'RE RECOGNIZED.

UM, THE FIRST OPTION IS TO ALLOW THE HOTEL TO MOVE FORWARD.

UM, SO THIS ITEM CAME BEFORE US, I BELIEVE LIKE THREE OR FOUR MEETINGS AGO WHERE, UH, THE, THE OWNER PLANNED BUILT A HOTEL, UH, IN THAT A BUTT'S FLAMINGO PARK.

AND I HAD MADE THE SUGGESTION THAT IF HE WERE TO BUILD IT INTO RESIDENTIAL, IF HE WOULD, UH, CONSIDER THE, THE OPTION AND, UH, THE ITEM WAS DEFERRED.

UH, FOR A COUPLE MONTHS, THERE WAS A MEETING BETWEEN THE NEIGHBOR ASSOCIATION, UH, AND THE DEVELOPER.

UM, AND WE ARE AT RIGHT NOW, AT THE POINT WHERE WE CAN DECIDE BETWEEN, UH, THREE OPTIONS.

[01:15:01]

UM, I BELIEVE THERE'S 90 UNITS, UH, FOR THIS HOTEL.

UM, AND THE SECOND OPTION WOULD BE, UH, TO CREATE INTO A RESIDENTIAL, UH, BUILDING, UM, WITH, UH, UM, AN AVERAGE UNIT SIZE OF FIVE OR 600 SQUARE FEET.

UH, THE THIRD OPTION FROM WHAT THE, FROM WHAT THE BUSINESS OWNER, THE DEVELOPER HAS SAID IS THAT HE, HE, THERE'S ALSO AN, A POSSIBILITY OF A LIVE LOCAL APPLICATION FOR THIS PROJECT.

AND SO THE GIVE US, RUSSELL'S GONNA DO, RUSSELL'S GONNA DO A LIVE LOCAL, IT'S, IT'S WELL WELL, HE ALREADY HAS LIKE THREE OR FOUR, UM, I THINK APPLICATIONS FOR LIVE LOCAL, YEAH.

APPLICATIONS OUTSTANDING RIGHT NOW.

BUT, UM, THEN I CAN, I CAN ACTUALLY LET TOM MOONEY, UH, SPEAK TO THAT.

BUT BEFORE I DO, I THINK WE HAVE A FUNDAMENTAL QUESTION TO ASK OURSELVES IS, UM, DO WE WANT TO HAVE A HOTEL OR WOULD WE RATHER HAVE RESIDENTIAL? AND SO, UM, I THINK THE TRADE OFF WOULD BE RIGHT NOW IS 75 FEET, UH, FOR A HOTEL.

AND I BELIEVE THERE'S 90 UNITS.

LIKE I SAID, THEY'RE GONNA BE VERY SMALL UNITS.

I THINK THEY'RE LIKE 200 SQUARE FOOT ON AVERAGE.

UM, THE PROPOSAL HERE TODAY WOULD BE FOR 145 FEET, WITH AN AVERAGE UNIT OF SIZE, I THINK OF LIKE FIVE OR 600.

UH, THERE WOULD BE NO PARKING.

UH, SO THIS WOULD INCENTIVIZE PEOPLE WHO DO NOT HAVE, UH, UH, CARS TO LIVE IN THE PROPERTY.

IT'S MORE OF A LIVE, WORK PLAY, UH, DEVELOPMENT.

AND, YOU KNOW, LOOK, I I, I THINK THE ISSUE IS WORTH EXPLORING.

I THINK IT, I THINK AT A MINIMUM WE SHOULD SEND IT TO THE COMMISSION TO SEE, UM, HOW EVERYONE FEELS ON THE, ON THE ISSUE.

UM, BUT BEFORE THAT, I'D LIKE TO HEAR WHAT MY COLLEAGUES HAVE TO SAY.

BUT COMMISSIONER DOMINGUEZ, YOU'RE RECOGNIZED.

AND, AND JUST FOR THE RECORD, I'M SUPPORTIVE OF INCENTIVES FOR NON-TRANSIENT USES.

WHAT I DON'T SUPPORT IS GOING FROM 2.0 FAR TO 4.5 FAR, YOU KNOW, GOING FROM 75 FEET TO 145 FEET.

THAT, THAT IS WHERE THE DEVELOPER NEEDS TO IMPROVE A LITTLE BIT.

SO WE DON'T NEED TO DECIDE ON APPROVING A HOTEL AT 75 FEET 'CAUSE THEY ALREADY HAVE THAT CORRECT, TOM.

THEY HAVE HPV APPROVAL FOR A HOTEL.

SO WE DON'T NEED TO DO THAT.

THE DISCUSSION IS IF WE WANNA GO TO 1 45 AT THE LAST NEIGHBORHOOD ASSOCIATION MEETING, THE RESIDENTS WERE VERY MUCH AGAINST IT.

THEY'D RATHER HAVE LOWER HEIGHT, EVEN THOUGH IT IS A HOTEL, RATHER THAN HAVING 145 FEET.

UH, AND SO I THINK THE, THE REASON IT IT WORKS AT, FOR A HOTEL AT 75 FEET IS BECAUSE THE UNIT SIZES ARE VERY SMALL.

CORRECT ME IF I'M WRONG, TOM.

I MEAN, THEY'RE LIKE SORT OF MICRO UNITS.

THAT'S I'M PARTIAL.

UM, BRING THIS TO THE COMMISSION AND, AND CONTINUE TO ENGAGE WITH THE DEVELOPER TO, TO POSSIBLY, YOU KNOW, MAYBE BRING THIS DOWN.

VERY SMALL.

AND AGAIN, DO WE WANT TO HAVE MORE HOTELS IN MIAMI BEACH? I I THINK WE HAVE THOUSANDS COMING ONLINE IN THE NEXT FIVE YEARS.

UM, HOTEL USE IS GOING TO BE THE MOST IMPACTFUL ON ANY NEIGHBORHOOD.

UH, IT IS THE MOST INTENSE USE.

UH, AND CONSIDERING THAT IN THIS SORT OF INTERSECTION WHERE YOU HAVE A PUBLIX, YOU HAVE TARGET, YOU HAVE A CHURCH, AND NOW YOU'RE GONNA HAVE A HOTEL, I CAN ONLY IMAGINE THE SORT OF TRAFFIC AND, AND, AND NOISE ISSUES THAT YOU'RE GONNA SEE.

UM, RIGHT, RIGHT.

ON THE, UH, ADJACENT TO FLAMINGO PARK.

NOW I UNDERSTAND THAT THE LAST NEIGHBOR ASSOCIATION, UM, UH, THEY, THEY WERE, YEAH, I, I WOULD SAY THEY WERE AGAINST IT, BUT MORE, UH, A LUKEWARM TONE.

ONLY THREE PEOPLE SPOKE.

I DON'T THINK THAT'S REALLY INDICATIVE OF A, OF A NEIGHBORHOOD, UM, OPINION.

UH, ESPECIALLY WHEN, UH, THE SURROUNDING RESIDENTS, UM, WEREN'T ON THAT CALL.

SO, FOR EXAMPLE, LOLA, YOU KNOW, WE, WE'VE ALL CAMPAIGNED THERE.

THEY'RE THE ONES WHO ARE GONNA REALLY FEEL THE IMPACT OF THIS.

UM, AND, YOU KNOW, THEY'RE VERY TYPICALLY LOW INCOME.

UM, THEY, THEY DON'T REALLY WANT TO DISTURB ANYONE.

THEY DON'T REALLY COME TO PUBLIC MEETINGS.

AND SO YOU'RE, WE'RE GONNA HAVE A SITUATION WHERE WE'RE GONNA BE BRINGING IN TRANSIENTS 365 DAYS A WEEK.

THINK ABOUT MEMORIAL DAY, THINK ABOUT SPRING BREAK.

IT, IT'S, IT'S, IT'S NO LONGER GOING TO BE A QUIET NEIGHBORHOOD IN THAT, IN THAT PART OF FLAMINGO PARK.

IT'S GOING TO BE VERY INTENSE.

AND, UM, LOOK, LOOK, YOU KNOW, I CAMPAIGN ON, ON, UH, BEING AGAINST TRANSIENT USES AND, AND, AND I THINK WE HAVE AN OPPORTUNITY HERE TO AT LEAST,

[01:20:01]

UM, AND I THINK THE REASON WHY, YOU KNOW, THE FAR INCREASE IS, IS THERE IS, BECAUSE HE DOESN'T WANT TO HAVE 200 SQUARE FOOT UNIT SIZES FOR RESIDENTIAL.

IT'S IMPOSSIBLE.

HE ACTUALLY WANTS TO KEEP THE SAME NUMBER OF UNITS, UH, AS HOTEL UNITS.

BUT OBVIOUSLY YOU HAVE TO MAKE 'EM LARGER AND YOU HAVE TO FIT THEM IN THAT, IN THAT, UM, ENVELOPE.

SO, UM, I THINK IT'S WORTHY OF, OF MOVING IT TO THE FULL COMMISSION AND, AND SEEING WHAT WE HAVE TO DECIDE.

I MEAN, ULTIMATELY IT'S A SIX SEVENTH VOTE, SO, THANK YOU.

LET ME, LET ME ASK YOU THIS, THIS ITEM APPLIES TO WHAT AREA? IS IT ONLY TO, TO, TO THIS, UH, ONE PROPERTY, UH, FRONTING SIXTH STREET? OR WHAT IS THE AREA, UM, THAT, UH, THAT IS COVERED BY THIS PROPERTY? LET TO SPEAK TO THAT.

SO BASED ON THE REFERRAL, THE PROPOSAL WAS ONLY FOR A SINGLE PROPERTY THAT FRONTS ON SIXTH STREET AND LENNOX AVENUE.

IT'S THE, THE PROJECT WITH THE APPROVED HOTEL PROJECT.

SO IS THAT SOMETHING THAT WE CAN APPROVE LEGISLATIVELY THEN, IF THERE IS AN INCREASE IN FAR, IS THAT SOMETHING THAT CAN BE LEGISLATIVELY APPROVED BY INITIATIVE OF THE CITY COMMISSION, OR, OR IS THAT SOMETHING THAT A PRIVATE PROPERTY OWNER WOULD HAVE TO SEEK AN ALTERNATE PROCESS THAT WOULD REQUIRE THAT THE APPLICATION OF THE PLANNING BOARD BE FILED BY THE PROPER PROPERTY OWNER? BY THE PROPERTY OWNER? SO, SO I THINK, YOU KNOW, THE PROPERTY OWNER NEEDS TO CONSIDER THIS IS SOMETHING THAT THEY'RE INTERESTED IN.

IT SHOULD BE A PRIVATE APPLICATION BY THE PROPERTY OWNER.

I'M JUST GOING TO, YOU KNOW, BE CLEAR ABOUT THIS.

I THINK 145 FEET, IT IS EXTREMELY OUT OF CONTEXT.

UM, WITH THIS AREA OF THE CITY, YOU HAVE, UH, THE SHOPS AT ALTON AND FIFTH, THAT'S 75 FEET.

YOU HAVE, UH, THE BUILDING ON THE SOUTH SIDE OF FIFTH STREET AND LENNOX AVENUE, THAT'S 75 FEET.

THEN YOU GO EAST OF LENNOX AVENUE AND YOU HAVE THE TARGET THAT'S THERE, THAT'S 50 FEET.

AND SO IT'S THIS CONTEXTUAL DECLINE IN HEIGHT TO THE VERY LOW SCALE BUILDINGS THAT DEFINE THIS AREA OF THE HISTORIC DISTRICT.

TO NOW GO IN AN AREA WHERE YOU HAVE 75 FEET, 50 FEET AND INSERT 145 FEET, IT JUST DOESN'T SEEM WITHIN CONTEXT OF THE AREA, IF THE PROPERTY OWNER IS ABLE TO FIND A WAY TO TRANSITION FROM TRANSIENT TO NON-TRANSIENT THROUGH A MORE MODEST REQUEST.

WELL, THAT'S SOMETHING I'LL BE OPEN TO.

BUT TO GO FROM 2.0 TO 4.5, THAT'S A LOT OF MASSING.

THAT IS A LOT OF MASSING THAT WE'RE GONNA BE, UH, ADDING IN THERE THAT DOESN'T EXIST TODAY.

THAT IS VERY MUCH OUT OF CHARACTER, I BELIEVE OF, OF, OF THE AREA.

UM, AND I'D BE CONCERNED THAT, UH, THAT THE HEIGHTS, ESPECIALLY THE HEIGHT RIGHT NOW, YOU DRIVE SOUTH ON LENNOX AVENUE AND YOU SEE IT AND YOU SEE IT MAKES SENSE.

IT REALLY, IT, IT REALLY, IT REALLY HAS BEEN, YOU KNOW, DONE VERY METHODICALLY, UH, WHERE YOU MAINTAIN THE HEIGHT CLOSER TO ALTON ROAD.

AS YOU PENETRATE FURTHER INTO THE HISTORIC DISTRICT, YOU SEE THE REDUCTION.

AND I THINK THAT THIS AT THIS LEVEL COULD HARM THIS.

SO THAT'S, THAT'S MY THOUGHTS ON THIS.

UH, I THINK THAT THERE SHOULD BE ROOM TO EXPLORE A TRANSITION TO NON-TRANSIENT, BUT WITH A MUCH MORE MODEST REQUEST.

I DON'T KNOW IF THERE IS OTHER COMMENTS FROM THE DAYS ON THIS ITEM.

SO I, I ALSO MENTIONED THAT, YOU KNOW, DEVELOPER SAID THERE IS ALSO AN OPTION FOR LIVE LOCAL TIME.

IS THAT TRUE THAT THIS PROPERTY COULD BE USED FOR LIVE LOCAL? THIS PROPERTY IS LOCATED WITHIN A COMMERCIAL ZONING DISTRICT AND THEY ALL, THEY ARE ELIGIBLE TO MAKE AN APPLICATION.

BUT I'LL TELL YOU, COMMISSIONER, I'M NOT GONNA, YOU KNOW, A DEVELOPER CAN ALWAYS, A, A DEVELOPER CAN ALWAYS FILE AN APPLICATION FOR, FOR, FOR A LIVE LOCAL.

UM, BUT YOU KNOW, I'M NOT GONNA GOVERN BASED ON THREATS.

I KNOW FROM, FROM A PRIVATE DEVELOPER, THAT'S WHAT THAT DEVELOPER WANTS TO DO.

THAT'LL BE THE DECISION OF THAT DEVELOPER.

IS THERE ANY OTHER COMMENTS FROM THE TODAY? HE SAID WHAT I WAS GOING TO, ALRIGHT.

UH, THERE ARE MEMBERS FROM THE PUBLIC WISHING TO SPEAK ON THIS ITEM.

IF THERE'S ANYONE ON ZOOM WISHING TO SPEAK, YOU CAN RAISE YOUR HAND.

IS THERE A MOTION BEFORE THE BODY? SO I'D LIKE TO MOVE IT TO THE COMMISSION.

I DON'T SUPPORT MOVING THIS PERSON.

SO, SO IF WE WANTED TO WORK WITH THE DEVELOPER, WE WOULD JUST DEFER TO ANOTHER LAND USE AND HAVE, WE CAN DEFER.

LET'S, LET'S DEFER MOTION TO DEFER.

I'LL SECOND A DEFERRAL BY ACCLAMATION.

LET'S SHOW THE ITEM

[01:25:01]

AS DEFERRED.

I THOUGHT IT WAS THE DOG.

HE TOUCHED MY BACK AND THE NOSE.

THAT WAS NOT MY DOG, BY THE WAY.

NO, YOURS IS AN SO FAR.

ALRIGHT, SO, UM, MR. DIRECTOR, LET'S GO ON TO ITEM NUMBER FIVE.

[5. REQUEST FOR THE ADMINISTRATION TO EXPLORE AND PROVIDE OPTIONS FOR ESTABLISHING NEW RESILIENCY BEST-PRACTICE PARAMETERS TO ENSURE THAT POROUS CONCRETE/PAVERS AND BIOSWALES ARE USED IN NEW DEVELOPMENT TO HELP MITIGATE “NEW NORMAL” FLOODING EVENTS.]

ITEM NUMBER FIVE IS A REQUEST FOR THE ADMINISTRATION TO EXPLORE AND PROVIDE OPTIONS FOR ESTABLISHING NEW RESILIENCY, BEST PRACTICE PARAMETERS TO ENSURE THAT THE POROUS CONCRETE PAVERS AND BIOSWALES ARE USED IN NEW DEVELOPMENT TO HELP MITIGATE NEW NORMAL FLOODING EVENTS.

COMMISSIONER BUN, THIS IS YOUR ITEM.

YOU'RE WELCOME TO RECOGNIZE, SORRY, IT'S BUSY.

PET THE DOG, WHICH REALLY TAKES PRECEDENCE OVER ALMOST ANYTHING ELSE.

UM, YEAH, I MEAN, WE, I'M GONNA TURN THIS OVER TO, UM, TO TOM TO TALK ABOUT A LITTLE BIT, BUT WE SEE INCREASINGLY INTENSE RAIN HAPPENING AND, UM, EVERY LITTLE BITE AT THE APPLE WE CAN TAKE TO HELP, UH, AMELIORATE THE FLOODING THAT HAPPENS AS A RESULT WOULD BE GREAT.

UM, YOU KNOW, I I, THERE ARE TWO HOUSES IN PARTICULAR THAT I PASS BY ALL THE TIME THAT ARE ONE'S IN MID BEACH AND ONE IS IN NORTH BEACH.

AND THEY, UM, THEIR FRONT YARD HAS BEEN COMPLETELY REPLACED BY CONCRETE.

AND, UM, I DON'T KNOW IF THERE'S A POSSIBILITY TO DO SOMETHING ABOUT RETROFITTING, YOU KNOW, DO A SURVEY OF, OF YARDS THAT WOULD NOT COME UP TO THIS CODE.

UM, BUT I THINK, I THINK WE NEED TO IMPROVE THIS PROSPECTIVELY AS MUCH AS POSSIBLE.

AND I WOULD ALSO LIKE TO TALK ABOUT THE POSSIBILITY OF HOW TO, UM, HOW TO SORT OF RETROFIT FOR PLACES THAT HAVE, UM, PAVED OVER THEIR ENTIRE FRONT YARD TO BECOME PARKING WITH NO DRAINAGE.

SO, TOM, IF YOU DON'T MIND.

THE USE OF A BIOSWALE IN SWISS CISTERN, MAURICE GIBB PARK.

UM, BASED UPON THE DIRECTION OF THE LAND USE COMMITTEE, UM, AT THE LAST MEETING WHERE THIS WAS DISCUSSED, WHICH WAS IN, UH, JUNE, UH, WE'VE COME UP WITH SOME UPDATES.

UM, THE FIRST UPDATE PERTAINS TO INCREASING AND ENHANCING POROUS ATTRIBUTES OF DRIVEWAYS AND WALKWAYS, UM, IN RESIDENTIAL DISTRICTS.

AND IN THIS REGARD, WE'VE COME UP WITH SOME DRAFT AMENDMENTS TO SECTION 7.2, 0.2 0.3 POINT B OF THE LDRS, WHICH REGULATES THE MINIMUM PERVIOUS AREA REQUIREMENTS AND OPEN SPACE REQUIREMENTS IN SINGLE FAMILY DISTRICTS.

UM, IF THERE IS SUPPORT FOR THESE PROPOSED AMENDMENTS, WHICH WE'VE PROVIDED THE TEXT FOR, SINCE THIS WAS A, UH, DUAL REFERRAL TO THE PLANNING BOARD, YOU COULD, UM, ENDORSE THESE AND THEN GIVE US DIRECTION TO BRING THOSE TO THE, UM, TO THE PLANNING BOARD.

THE OTHER AMENDMENT THAT WE SUGGESTED IS WITH REGARD TO MINIMUM POROUS REQUIREMENTS IN SURFACE PARKING LOTS.

AND WE'VE COME UP WITH A SEPARATE TEXT AMENDMENT TO SECTION 5.3, POINT 11 POINT C, WHICH WOULD MANDATE ENHANCED MINIMUM, UH, PERVIOUS AREA REQUIREMENTS AND POROUS PAVING REQUIREMENTS FOR FUTURE SURFACE PARKING LOTS.

AND AGAIN, BECAUSE THIS WAS A DUAL REFERRAL TO THE, TO THE PLANNING BOARD, THIS IS SOMETHING THAT WE COULD TAKE TO THE PLANNING BOARD AS AN ORDINANCE IF ENDORSED BY THE LAND USE COMMITTEE REGARDING THE DISCUSSION OF POROUS MATERIALS WITHIN ON STREET PARKING SPACES.

THIS IS SOMETHING THAT WE, THE ADMINISTRATION HAS LOOKED AT ON A CASE BY CASE BASIS.

UM, BUT IT REALLY WOULD DEPEND UPON WHO OWNS THE RIGHT OF WAY AND WHETHER OR NOT IT WOULD MAKE SENSE IN A GIVEN AREA TO UTILIZE SOME TYPE OF POROUS MATERIAL WITHIN ON STREET PARKING SPACES.

BECAUSE ON STREET PARKING SPACES HAVE TO WITHSTAND THE WEIGHT OF VEHICLES AS WELL AS MAINTENANCE.

UM, THE FUTURE USE OF THIS WOULD HAVE TO BE LOOKED AT OR CONTINUE TO BE LOOKED AT ON, ON A CASE BY CASE BASIS.

AND THEN LASTLY, WITH REGARD TO INCREASING, ENHANCING AND ENHANCING WATER QUALITY AND WATER RETENTION ELEMENTS IN RESIDENTIAL DISTRICTS, THE CITY DID DEVELOP A, UM, BLUE-GREEN STORMWATER INFRASTRUCTURE CONCEPT PLAN THAT WAS ADOPTED BY THE COMMISSION IN 2020 AND HAD, AND IT HAS A NUMBER OF ATTRIBUTES AND CRITERIA REGARDING THE USE OF, UM, BIO RETENTION, NATURAL PONDS AND SWALES, THE USE OF FLOATING WETLANDS, ENHANCED TREE PLANTERS, PUMPED INJECTION WELLS, SUBSURFACE INFILTRATION AND STORAGE, AND THE USE OF WET PONDS.

UM, WE'VE ALSO IN THE REPORT SUMMARIZED AREAS WHERE THIS HAS BEEN APPLIED TO IN THE PAST.

AND THIS INCLUDES BRITTANY BAY PARK WITH THE HYBRID LIVING SHORELINE CANOPY PARK,

[01:30:01]

UM, IT'S A HYBRID LIVING SHORELINE AND STORM WATER RETENTION THROUGH THE, IN INSTALLATION OF ARC TANKS, BAY SHORE PARK, COLLINS CANAL PARK MUST PARK AS WELL AS 50 59TH STREET.

UM, BIOSWALE, UM, ONE CORRECTION, THIS WAS NOT A DUAL REFERRAL TO THE PLANNING BOARD.

SO IF THERE IS CONSENSUS ON THE LDR AMENDMENTS THAT WE SUGGESTED, UM, WE WOULD HAVE TO BRING THESE BACK TO THE COMMISSION FOR A SEPARATE REFERRAL TO THE PLANNING BOARD.

CAN YOU, OH, MR. YES, PLEASE, CHAIR.

TOM, CAN YOU TALK ABOUT, UM, WHAT REMEDY MIGHT BE AVAILABLE TO US IF WE DID, UM, WANTED TO REQUIRE, UH, RESIDENTS TO RETROFIT THEIR FRONT YARDS THAT ARE NOW PAVED OVER? IF THE PAVING WAS DONE WITHOUT A PERMIT OR WITHOUT AUTHORIZATION, THEY COULD POTENTIALLY BE CITED AND REQUIRED TO MEET THE, THE CURRENT REQUIREMENTS.

HOWEVER, IF THEY DID RECEIVE A PERMIT AND WERE AUTHORIZED TO PAVE THEIR YARD FOR WHATEVER REASON, UM, IT WOULD BE DIFFICULT BECAUSE LDR AMENDMENTS ARE PROSPECTIVE.

UM, OKAY.

UM, LOOK, NOTHING WE DO, NO SINGLE ACTION IS GOING TO FIX THE FLOODING FOR EVERYBODY EVERYWHERE FOR EVERY STORM CIRCUMSTANCE.

BUT I THINK THE MORE LITTLE PIECES OF THIS THAT WE CAN INSTITUTIONALIZE, UM, AND CODIFY THE, YOU KNOW, THE BETTER OFF WE'LL ALL BE.

SO I WOULD, AND, YOU KNOW, OBVIOUSLY DEFER TO THE CHAIR, BUT I WOULD LIKE TO MAKE A MOTION TO MOVE THIS FORWARD.

I'LL SECOND THAT MOTION.

ARE THERE ANY OTHER COMMENTS FROM THE DE ON THIS ITEM? YES, COMMISSIONER DOMINGUEZ.

UM, I THINK IT'S A GREAT ITEM.

UH, I KNOW THAT I'VE DRIVEN AROUND MIAMI BEACH AND SEEN FRONT YARDS THAT ARE COMPLETELY PAVED AND AM HORRIFIED BY THAT.

AND, UM, GETTING, UH, THE RIGHT, UH, ORDINANCES AND LAND USE REGULATIONS IN PLACES VERY IMPORTANT.

SO THANK YOU FOR TAKING THIS ON.

AND, AND FOR, FOR UNDERST STORIES, AGAIN, UH, REMIND ME IF, IF A PROPERTY DOES NOT HAVE AN UNDERSTORY, THIS WILL REQUIRE FOR 70%, AT LEAST 70% OF, UH, OF THE FRONT AND SIDE YARDS MUST BE SOUGHTED.

UH, CORRECT.

ACTUALLY, YES, IT WOULD EXPAND IT FROM 50% TO, UM, 70% TO 70%.

MM-HMM, .

I WANT US TO CONTINUE DOING ANYTHING THAT WE CAN DO TO ENCOURAGE INDIVIDUALS TO PURSUE THOSE UNDERST STORIES, UH, AS OPPOSED TO RAISING THE PROPERTIES AND THEN AFFECTING THEIR NEIGHBORS.

UH, THIS IS, THIS IS VERY GOOD POLICY.

COMMISSIONER BIDEN, UH, THANK YOU FOR BRINGING IT FORWARD.

SO, UH, I THINK BY ACCLAMATION, WELL, ARE THERE MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ITEM? IF ON ZOOM YOU CAN RAISE YOUR HAND SEEING NONE.

UM, COMM UM, MR. MOONEY ? YES.

JUST AS A POINT OF CLARIFICATION, THE MOTION WOULD BE TO SEND THE TWO RECOMMENDED LDR AMENDMENTS TO THE COMMISSION FOR REFERRAL TO THE PLANNING BOARD? THAT'S CORRECT.

ALRIGHT, THANK YOU COLLEAGUES.

THAT'LL BE THE MOTION.

UM, LET'S TAKE ITEM NUMBER 16

[16. AMEND LAND DEVELOPMENT REGULATIONS APPLICABLE TO ALL ZONING DISTRICTS WHERE HOTELS ARE PERMITTED, TO INCREASE THE MINIMUM UNIT SIZE FOR HOTEL ROOMS (DUAL REFERRAL TO PLANNING BOARD).]

OUT OF ORDER.

WE HAVE COMMISSIONER ROSEN GONZALEZ JOINING US.

WELCOME COMMISSIONER.

UM, MR. DIRECTOR, LET'S, LET'S READ THE TITLE INTO THE RECORD.

THIS IS, UM, TO AMEND THE LAND DEVELOPMENT REGULATIONS APPLICABLE TO ALL ZONING DISTRICTS WHERE HOTELS ARE PERMITTED TO INCREASE THE MINIMUM UNIT SIZE FOR HOTEL ROOMS. THIS WAS A DOOR REFERRAL TO THE PLANNING BOARD.

UH, COMMISSIONER ROSE GONZALEZ.

AND IT'S BEING SPONSORED BY COMMISSIONER ROSE GONZALEZ, COMMISSIONER MAGAZINE AND COMMISSIONER SUAREZ.

WELCOME.

THANK YOU FOR HAVING ME.

THANK YOU FOR CALLING THE ITEM.

OF COURSE I'M NOT SERVING ON THIS COMMITTEE.

I WAS LISTENING IN THOUGH.

'CAUSE THIS IS A, A GREAT SEGUE, YOU KNOW, FOR PEOPLE WHO WE DON'T WANT ANY MORE OF THESE MICRO UNIT HOTELS OBVIOUSLY.

AND NOW THAT THIS WHOLE IDEA OF THE WEAPONIZATION OF IF YOU DON'T , IF, IF YOU DON'T GIVE US FAR AND HEIGHT, WELL THEN WE'RE GONNA BE A HOTEL.

WELL THEN LET'S MAKE IT A LITTLE DI AND I'M SO GLAD THAT YOU'RE SPONSORING THIS COMMISSIONER SUAREZ, BECAUSE WE DO NOT WANT MICRO UNITS AND I THINK THAT WE SHOULD MAKE THE MINIMUM UNIT 300 SQUARE FEET.

BY THE WAY, THIS IS NOT MY IDEA.

THIS IS PLANNING BOARD MEMBER ELIZABETH LA'S IDEA.

WE WERE SPEAKING ONE DAY, WHICH I'M ALLOWED TO DO, CORRECT? YEAH.

JUST HAVING A CASUAL CONVERSATION WHEN THIS CAME UP.

AND I THOUGHT IT WAS A GREAT IDEA AND, UM, HOPEFULLY YOU GUYS WILL CONSIDER SUPPORTING IT.

I THINK, YOU KNOW, I WAS LOOKING AT, UM, THE GOOD TIME HOTEL THE OTHER DAY, WHICH, YOU KNOW, IT LOOKS LIKE A PRISON, TOM.

UM, I SWEAR TO YOU, LOOK, I'M GONNA, I TOOK A PICTURE 'CAUSE 'CAUSE YOU KNOW WHAT? AND I CAN'T BELIEVE I HAVE YOU RIGHT HERE TO SHOW YOU .

[01:35:01]

IT LOOKS AWFUL.

IT'S GOT THESE TINY WINDOWS.

LOOK AT THAT.

IT LOOKS JUST LIKE, WHAT DOES THAT LOOK LIKE TO YOU? IF I DIDN'T TELL YOU THAT THAT WAS MIAMI BEACH, YOU WOULD THINK THAT THIS WAS THE DATE CORRECTION.

THAT'S THE CORRECTIONAL FACILITY.

CORRECTIONAL FACILITY.

AND WHY? BECAUSE WE HAVE TEENY TINY MICRO.

DOES THAT LOOK LIKE THE GATE CORRECTION FACILITY? IT DOES.

NOT QUITE, BUT , BECAUSE THERE'S SOME PALM TREES.

ANYWAY, THAT IS A NICE FORM OF BRUTALNESS ARCHITECTURE.

BY THE WAY, THIS FEATURED IN EXHIBIT AT, UH, MDPL? NO, THE, THE, UH, CORRECTIONS CENTER.

OH.

BUT THIS IS JUST SOMETHING THAT WE WOULD LIKE TO AVOID MOVING FORWARD.

I WISH I COULD SHOW THE CAMERAS PT, YOU CAN'T JUST FOCUS IN ON THAT.

YOU SEE THAT, SEE THESE TEENY LITTLE WINDOWS ON THESE HUNDRED, UH, UNIT, UH, MICRO UNITS.

WE DON'T WANT THAT IN MIAMI BEACH.

I DON'T THINK ANYBODY IS REALLY? YOU HAVE THE PARTY ON THE ROOF DECK.

OH.

AND THE PARTYING ON THE ROOF DECK.

SO, UM, I THINK POSSIBLY 300 SQUARE FEET, I WOULD GO EVEN LARGER.

I WOULD GO TO LIKE 3 50, 3 30.

I THINK IT SAYS HERE, WE COULD DO, WE COULD HAVE A MINIMUM OF 335.

WE COULD MAKE IT EVEN THREE 50.

YOU GUYS ARE ON THE LAND USE COMMITTEE.

I'M GOING TO DEFER TO YOU SO THAT YOU CAN CRAFT IT AND BRING IT BACK.

SOMETHING WONDERFUL.

AND I HOPE THAT YOU GUYS WILL BE, UH, SUPPORTIVE.

SO HAS STAFF PUT TOGETHER A SET OF REGULATIONS FOR US TO CONSIDER? SO IN THE, IN THE UM, COMMITTEE MEMORANDUM, WE'VE SUMMARIZED WHAT ALL OF THE CURRENT REQUIREMENTS ARE IN TERMS OF HOTEL UNITS AND FOR MOST AREAS.

SO FOR EXAMPLE, WE HAVE AREAS WHERE WE ALLOW 200 SQUARE FOOT UNITS.

CORRECT? THERE ARE AREAS IN THE CITY.

200? YES.

SQUARE FOOT UNITS.

JUST THE HISTORIC CAN I JUST, THE, THE, OKAY.

I THINK THE BIG PROBLEM IS SOME OF OUR HISTORIC HOTELS, BY THE WAY, HAVE THESE SMALLER ROOMS AND MAYBE THEY, PEOPLE WOULD WANT TO RENOVATE THEM AND THEY WOULD NOT BE ABLE TO, THEY WOULD.

I PERSONALLY, ONE OF THE BIG PROBLEMS WITHIN THE HISTORIC BUILDINGS IS THESE TINY HOTEL ROOMS. AND I WOULD NOT EVEN HAVE A PROBLEM MOVING FORWARD IF SOMEBODY WITHIN A HISTORIC DISTRICT OR HISTORIC HOTEL CHOSE TO MERGE TWO ROOMS TOGETHER.

WOULD IT BE THE WORST THING IN THE WORLD SO THAT WE DON'T HAVE THESE TINY ROOMS? I THINK THAT IS THE KIND OF INCENTIVIZATION THAT PEOPLE MIGHT WANT.

THAT RIGHT NOW THEY'RE A LITTLE BIT, PEOPLE COME TO US ALL THE TIME AND THEY WANT TO, THEY WANNA REFORM ANYTHING IN THE BUILDING.

THEY CAN'T.

COMMISSIONER DOMINGUEZ, YOU'RE RECOGNIZED.

TOM? UM, THEY, THEY'RE WITHIN CERTAIN ZONING DISTRICTS LIKE MXC AND CD TWO, YOU ARE ALLOWED TO MAINTAIN EXISTING SMALLER HOTEL UNITS THAT WERE SPECIFIC TO THE ORIGINAL HISTORIC BUILDING.

AND THAT ALLOWS PEOPLE TO DO A RENOVATION AND REHABILITATION OF THOSE OLDER BUILDINGS.

UM, SO 200 SQUARE FEET IS ABOUT THE SIZE OF A CRUISE CABIN.

AND IF WE WERE TO REQUIRE THE ROOMS TO BE LARGER, WOULD EVERYTHING THEN TURN INTO LUXURY, TRANSIENT LUXURY? LIKE WOULD THEY BE ABLE TO, UH, WOULD BUILDERS SAY WE CAN'T, UH, DO ANYTHING AFFORDABLE FOR EVERYBODY? IT WOULD HAVE TO BE ALL LUXURY, BUT WHO CARES? WE DON'T WANT MORE HOTEL ROOMS. DO WE? YOU'RE BUILDING 800 ROOMS AT AN AVERAGE SIZE OF, HOW BIG ARE THE ROOMS IN THE HOTEL THAT'S BEING PROPOSED? YOU'RE 3 35.

WE'RE HAVING OKAY.

EVEN IN LIKE A THREE STAR HOTEL.

'CAUSE I DON'T EVEN THINK IT'S FOUR STAR, THREE STAR HOTEL.

MINIMUM IS 335.

WE ALREADY HAVE THIS LARGE STOCK AND WE HAVE THOSE TWO PROJECTS THAT WERE BUILT.

WHAT IS IT? THE GOOD TIME AND WHAT'S THE OTHER ONE NEXT TO IT? THE MOXIE IS TWO BLOCKS AT THE MOXIE.

AND HOW BIG ARE THOSE ROOMS? LIKE 1 75 EVEN TINIER.

SO WE ALREADY HAVE TEENY TINY ROOMS ACROSS MIAMI BEACH.

I THINK THAT WE SHOULD MAKE IT AS BIG AS POSSIBLE TO ENCOURAGE, TO DISCOURAGE MORE TRANSIENT USES AND ENCOURAGE RESIDENTIAL USE, WHICH IS I THINK WE'RE ALL ON THE SAME PAGE.

THANK YOU COMMISSIONER.

THE ONE THING I WANT TO BE MINDFUL OF IS WE WANNA MAKE SURE THAT PROPERTIES THAT RIGHT NOW MAY BE EMPTY.

DUKE GOT FIXED UP AND SO I JUST NEED TO UNDERSTAND A LITTLE BIT BETTER.

DO WE HAVE ANY INFORMATION AS TO HOW CHANGING THESE NUMBERS IMPACT THE FINANCING OR THE VIABILITY OF THE VIABILITY OF FIXING UP ANY OF THESE PROPERTIES? AND I DON'T KNOW IF MR. DIRECTOR IF WE HAVE ANY OF THAT INFORMATION.

NO.

THE, UM, ANY LEGISLATION THAT WOULD MODIFY THE MINIMUM UNIT SIZE OF HOTELS WOULD BE PERSPECTIVE.

I BELIEVE, UM, WOULD LIKELY BE REQUESTING, UM, AN APPLICABILITY SECTION ON THIS SO THAT THEIR PROJECT CAN MOVE FORWARD.

SO IT COULD POTENTIALLY CREATE LEGAL NON-CONFORMING HOTEL UNITS IF IT WAS APPLIED, UM, CITYWIDE THAT COULD POTENTIALLY IMPACT THE ABILITY TO FINANCE A RENOVATION.

UM, THERE'S NO HOTEL PROJECT THAT I'M AWARE OF NOW, UM, THAT WOULD BE IMPACTED BY THIS OTHER THAN A PROJECT ON 15TH AND WASHINGTON, WHICH

[01:40:01]

COMMISSIONER, YOU HAVE, YOU HAVE THE BEST QUESTION.

HOW DO YOU INCENTIVIZE PEOPLE THAT HAVE EMPTY PROPERTIES? DO YOU KNOW HOW YOU DO IT? BY SENDING A STRONG MESSAGE, YOU'RE NOT GETTING ANY HEIGHT.

YOU'RE NOT GETTING FAR.

SO SITTING ON YOUR PROPERTY AND DOING NOTHING IS NOT GONNA BE AN ANSWER ANYMORE.

AND CODE COMPLIANCE IS GONNA COME OUT AND VIOLATE YOU UNTIL YOUR BUILDING LOOKS BEAUTIFUL.

AND THEN MAKING SURE THAT THE BUILDING IS PAINTED, THE BUILDING HAS LIGHTING, THE BUILDING HAS HEDGES, THAT'S HOW YOU INCENTIVIZE.

BUT IF WE CONTINUE TO SAY, WE'RE GONNA GIVE YOU A LITTLE HERE, WE'RE GONNA GIVE YOU A LITTLE DARE, NOBODY'S GONNA DO ANYTHING.

SO THE TRUTH OF THE MATTER IS YOU WANT PEOPLE TO IMPROVE.

YOU'VE GOTTA SET A STANDARD SAYING ENOUGH IS ENOUGH, IS ENOUGH, WE'RE NOT DOING IT.

AND THEN THEY'LL START TO IMPROVE THEIR PROPERTIES AND STOP WAITING.

MR. SUAREZ, THANK YOU.

UM, I, I DISAGREE.

I MEAN, I DON'T THINK THAT SENDING CODE TO A BUILDING AND, AND PUTTING UP THE HEDGES AND PAINTING A BUILDING IS REALLY GONNA CHANGE A BEHAVIOR BECAUSE IF THE, IF THE MATHEMATICS ARE NOT THERE, IT'S, IT'S JUST, IT'S NOT GONNA WORK OUT.

AND, YOU KNOW, WE CAN SAY, LOOK, YOU GOTTA PUT UP, YOU GOTTA PAINT IT.

OR YOU, YOU WE'RE GONNA FORCE THEM TO PAINT IT.

UH, OKAY, UH, WE'RE GONNA FORCE YOU TO PUT UP A HEDGE AND WE'RE GONNA FORCE TO FIX LIKE THE LIGHT BULBS.

BUT AT THE END OF THE DAY, IF IT'S JUST SITTING VACANT, IT'S GONNA SIT VACANT AND IT'S GONNA BE BLIGHTED AND, AND IT'S NOT GOING TO CHANGE A BEHAVIOR FROM A PROPERTY OWNER.

UM, I, I THINK THAT'S REALLY THE, THE WRONG WAY TO LOOK AT IT.

I THINK IF YOU WANNA INCENTIVIZE, LET'S REALLY INCENTIVIZE AND, AND, AND DO IT WITH A CARROT, NOT A STICK.

I THINK WHAT YOU'RE TALKING ABOUT, COMMISSIONER GONZALEZ, IS, IS LEADING WITH, WITH A VERY BIG STICK AND, AND FORCING THEM TO, UM, BE COMPLIANT, UM, TO, TO SOME ARBITRARY SET OF RULES.

NOW LOOK, I I I'M IN FAVOR OF THIS.

I I THINK IT'S, I THINK IT'S A GOOD, UM, MINIMUM TO SET.

HOWEVER, LOOK, IT'S REALLY EASY TO SAY WHAT WE DON'T WANT TO BE, RIGHT? WE DON'T WANT TO BE THIS, WE DON'T WANNA BE THAT.

BUT WHEN DO WE SAY AND WHEN DO WE EV AGREE ON AND DISCUSS WHAT WE DO WANT TO BE? I MEAN, DO WE REALLY WANT TO BE A CITY WHERE WE'RE JUST BUILDING MORE HOTELS, MORE HOTEL ROOMS, WHETHER IT'S 150 SQUARE FEET OR 300 SQUARE FEET? I MEAN, RE COME ON.

IT'S RIDICULOUS THAT WE'RE EVEN HAVING THIS CONVERSATION.

I THINK WE'RE BLEEDING RESIDENTS.

WE'RE THE ONLY CITY IN FLORIDA THAT HAS, THAT HAS LOST RESIDENTS IN THE LAST COUPLE OF YEARS.

AND LET THAT SINK IN FOR A SECOND.

YOU KNOW, DO WE WANT TO BE THAT RESIDENT GROUP? ANY, DO WE WANNA BE THAT CITY ANYMORE? I I CERTAINLY DON'T, I THINK I UNDERSTAND WE'RE, WE'RE, WE'RE A TOURIST DESTINATION, WHICH IS GREAT.

UM, BUT I THINK WE NEED TO HAVE A MORE ADULT CONVERSATION AND SAY, WHAT DO WE WANT TO BE IN THE NEXT 10, 20 YEARS? DO WE WANT TO CONTINUE TO JUST BUILD MORE HOTELS OR DO WE WANT TO BUILD, YOU KNOW, MODEST HOUSING FOR PEOPLE THAT ALREADY WORK HERE TO LIVE HERE? COMMISSIONER DOMINGUEZ AND THEN COMMISSIONER WILSON ANDAL.

UM, YEAH, I DO WANNA HAVE MORE RESIDENTS AS WELL.

UH, AND IT IS A SHAME THAT WE HAVE LOST RESIDENTS IN OUR CITY.

UM, I THINK THAT PART OF IT HAS TO DO WITH THE OVERDEVELOPMENT THAT'S HAPPENED IN NORTH BEACH.

UM, THEY'VE GOBBLED UP, UH, AFFORDABLE HOUSING OR MORE REASONABLE HOUSING BUILDINGS AND THEN INSTEAD, UH, THESE TALL TOWERS ARE GOING UP IN ITS PLACE AND THERE AREN'T ANY RESIDENTS IN THERE AT THIS TIME.

UM, AND SO WHILE NOT BRINGING ON NEW HOTELS IS A GOOD IDEA, WE CAN'T FORGET ABOUT DIVERSITY FOR OUR ECONOMY.

AND HOTELS DO BRING IN, UM, TAXPAYER DOLLARS AS WELL.

UH, THE FOUNTAIN BLUE PROPERTY ALONE, IF I'M NOT MISTAKEN, I THINK THEIR, UH, ANNUAL TAX BILL IS LIKE $260 MILLION.

SO, UM, IT'S GOOD TO HAVE DIVERSITY, BUT UH, I'M ALSO IN FAVOR OF BRINGING, UH, HOUSING, MORE HOUSING HERE.

, I JUST FEEL LIKE THIS IS MIAMI BEACH.

WORLD REDOWN, WORLD RENOWNED AKIN TO SITTING AT A SIDEWALK CAFE IN PARIS.

OR WHAT WOULD YOU DO IN ROME? SOMETHING, I DON'T KNOW.

EATING PASTING AT A SIDEWALK CAFE AND EATING PASTA IN ROME WHILE YOU LAY ON THE BEACH AT MIAMI BEACH.

SO IT'S NOT BOCA ALL RIGHT.

IT'S NOT, YOU HAVE SOMETHING ICONIC.

AND BY THE WAY, LAWS ARE SO STRICT IN PLACES LIKE PARIS, FOR EXAMPLE, IF YOU EVEN WANT TO REDO THE FACADE, DO YOU KNOW THAT YOU HAVE TO PUT UP A SIMILAR FACADE, A FAKE FACADE TO MATCH THE REAL FACADE? SO WHILE IT'S UNDER CONSTRUCTION, YOU DON'T LOSE THE THEME OF THE WHOLE CITY.

YOU'VE SEEN THAT BEFORE TOM, HAVEN'T YOU? YEAH, I MEAN, CRAZY

[01:45:01]

REQUIREMENTS.

SO THIS IDEA THAT PEOPLE WILL NOT INVEST IN THEM IS A COMPLETE SOCIAL CONSTRUCTION, UH, BY CONTRACTORS AND DEVELOPERS.

PEOPLE HAVE PURCHASED THESE PROPERTIES BECAUSE THEY LOVE MIAMI BEACH AND THEY'RE GONNA DO WHATEVER WE TELL THEM TO WITH IT.

AND IF YOU TRAVEL TO PALM BEACH, ONE THING THAT I LOVE MORE THAN ANYTHING WHEN I GO TO PALM BEACH IS TO SEE THE SMALLER GARDEN APARTMENTS THAT LOOK SO GORGEOUS THAT ARE SELLING FOR ANYWHERE LIKE A THOUSAND DOLLARS PER SQUARE FOOT GARDEN APARTMENT PRICES.

AND I BET YOU RIGHT NOW IN MIAMI BEACH, IT'S LIKE A HUNDRED TO $200 A SQUARE FOOT WHEN YOU IMPROVE THOSE GARDEN APARTMENTS.

YOUR 500 SQUARE FOOT APARTMENTS THEN SELL FOR A THOUSAND DOLLARS A SQUARE FOOT, WHICH IS WHAT WE CURRENTLY GET ON WATERFRONT.

SO YES, I BELIEVE IN OUR BUILDINGS, I BELIEVE IN OUR BUILDINGS BECAUSE PEOPLE LIKE BARBARA CAPMAN FOUGHT FOR THESE PLACES.

AND IT'S OUR JOB TO HOLD THE LINE FOR WHAT MADE US FAMOUS.

AND THERE IS A MOVEMENT TO DESTROY THIS HISTORIC DISTRICT, NOT JUST BY THIS COMMISSION, BUT OVER THE PAST DECADE.

AND WE HAVE ALL SEEN, BY THE WAY I STOP YOU THERE.

I'D SAY THIS COMMISSION IS FIGHTING TO SAVE.

THAT'S WHAT I'M SAYING.

WE'RE TRYING TO FIND IDEAS, UNDERSTANDING HOW, BUT THE HISTORIC DISTRICT HAS TO BE SACRED.

AND I DON'T WANT US BUILDING PRISON LOOKING BUILDINGS BECAUSE THAT'S WHAT IT LOOKS LIKE.

AND YOU SAW THE PICTURE AND WE SHOULD SEND IT OUT.

THAT'S WHAT THE ZONING WOULD LOOK LIKE.

IT WOULD BE BOX AFTER BOX AFTER BOX.

AND WHAT YOU NEED TO DO IS SEND A STRONG MESSAGE.

LOOK, WE'RE NOT GIVING YOU ANYTHING BEYOND WHAT YOU HAVE.

GO TO THE STATE OF FLORIDA AND FILE YOUR STUPID APPLICATION.

AND IF YOU WANNA COME AND FIGHT WITH THE CITY, OKAY, AND FIGHT WITH OUR PLANNING BOARD AND IGNORE OUR LAWS, WELL I WOULDN'T WANNA DEVELOP IN A CITY THAT WAS HOSTILE TO ME.

SO I THINK WE NEED TO FIGHT IT ON ALL LEVELS AND SAY, YOU KNOW WHAT? ENOUGH IS ENOUGH AND HELP.

AND, AND, AND, AND ONCE THE OWNERS KNOW THAT, THEN THEY WILL BUILD WITH WHAT, THEN THEY WILL BUILD WITH WHAT THEY CURRENTLY HAVE.

ANYWAY, I DON'T KNOW HOW YOU'RE GONNA TAKE THIS WITH THIS, UM, BUT I DO THINK THAT INCREASING THAT UNIT SIZE IS 3 35.

THAT THAT'S, THAT'S THE PROPOSAL INCREASING, INCREASING IT TO 335.

UH, COMMISSIONER BOND AND THEN, UH, COMMISSIONER SUAREZ, AND THEN I'LL OPEN UP THE FLOOR TO THE PUBLIC AND WE'LL CALL THE QUESTION.

SO I, I LOVE THE IDEA BEHIND THIS.

UM, I THINK THERE ARE TWO THINGS THAT WE'RE TRYING TO GET DONE CONCURRENTLY, AND ONE IS MORE DEFINED IN THIS AND ONE ISN'T.

SO MAYBE, YOU KNOW, MAYBE THIS IS WHERE THIS WAS ALREADY ALLOWED.

LET'S INCREASE THE MINIMUM PERMISSIBLE, BUT LET'S ALSO TAKE AND BUILD ON THIS.

AND UM, AND I THINK WE, WE HAVE IT IN OTHER THINGS THAT WE'RE, WE'RE ADDRESSING IS HOW DO WE INCENTIVIZE CONVERSION FROM, UM, TRANSIENT USE HOTELS TO RESIDENTIAL? AND IT'S NOT JUST THE HISTORIC DISTRICT.

I MEAN, WHEN YOU LOOK AT THE TOWN CENTER DISTRICT IN NORTH BEACH, WE'RE TALKING ABOUT HOTEL UNITS, MICRO HOTEL UNITS OF 175 FEET.

I MEAN, YOU CAN'T EVEN TURN AROUND THERE.

AND, AND SO, UM, SO I THINK IT'S TWO THINGS.

SO I WOULD BE INCLINED TO, UM, TO SUPPORT THIS AS FAR AS IT GOES, AND THEN REALLY CONTINUE WORKING HARD ON THE, THE PROPOSALS THAT ARE BEFORE THE COMMISSION TO INCENTIVIZE, UM, CONVERTING TRANSIENT TO RESIDENTIAL.

BECAUSE THAT'S, THAT'S THE ULTIMATE GOAL, UM, IS, IS TO DO THAT.

BUT IN THE MEANWHILE, IF SOMEBODY'S HELL BENT ON, ON DOING A HOTEL, WHICH THEY'RE LEGALLY PERMITTED TO DO, IT'S NOT A PROHIBITED USE.

LET'S MAKE SURE IT'S A HOTEL WITH A REASONABLE, YOU KNOW, THAT'S A REASONABLE HOTEL.

I DON'T THINK THERE IT'S AN EITHER OR CHOICE.

I THINK IT'S STEPS ALONG THE CONTINUUM.

OH YEAH.

AND JUST, AND JUST A QUICK QUESTION.

IF, IF, LET'S SAY WE DO MOVE FORWARD, UH, WITH THIS RECOMMENDATION TO THE PLANNING BOARD, THAT THE, UH, SQUARE FOOTAGE SHOULD BE 335 UH, SQUARE FEET.

I SEE FOR THERE, THERE, THERE WOULD STILL BE AN EXCEPTION.

LIKE FOR EXAMPLE, IN THE TCC DISTRICT IN NORTH BEACH.

THAT THAT'S CORRECT.

MR. CHAIR, WE'VE IDENTIFIED THE DISTRICTS IN THE CITY THAT HAVE EXISTING EXCEPTIONS TO THE CURRENT MINIMUM UNIT SIZED RULE.

THEY'RE LIMITED, BUT THEY'RE IN THE TCC DISTRICT.

AND WHY IS IT IN THE TCC DISTRICT? BECAUSE WHEN THE TCC DISTRICT IS THERE HISTORIC THERE? NO, IT WAS, IT WAS PUT IN THERE BECAUSE THE FAR WAS INCREASED.

AND WHEN THE TCC DISTRICT WAS DEVELOPED, UM, IT WAS DEVELOPED TO TRY TO CREATE, UM, THE MOST LATITUDE FOR DIFFERENT TYPES OF USES.

SO WHY WOULD WE ALLOW AN EXCEPTION IN TCC? THAT WAS THE RATIONALE FOR ALLOWING IT IN THE TCC IN 2018 WAS TO TRY TO PROMOTE DIFFERENT TYPES OF HOTEL USES, INCLUDING THOSE HOTEL USES THAT HAVE THE SMALLER UNITS OF COMMISSIONER WILSON GONZALEZ.

I MEAN, HOW DO YOU FEEL ABOUT THAT? THIS IS YOUR ITEM.

WOULD, YOU'RE FINE.

WELL, I WOULD LIKE TO SEE A MAP 'CAUSE THAT'S LIKE CHINESE TO ME, I DON'T KNOWS NORTHEAST.

I TRIED TO READ ALL THE DESCRIPTION.

THIS TOWN CENTER, I THINK, OH, YOU MEAN LIKE INCREASING IT RIGHT NOW? CAN WE DO THAT? PEOPLE ALREADY HAVE THEIR BUILDING PERMITS.

SO IT'S GOING THROUGH NO MATTER WHAT WE, WE DO.

WELL IT WOULD BE NONCONFORMING.

IT WOULD MAKE THOSE,

[01:50:01]

IF YOU WANTED TO AMEND YOUR YES.

PROPOSAL FOR ALL UNITS, YES, , YOU, YOU COULD DO THAT, BUT YOU WOULD BE CREATING A, A LOT OF NON-CONFORMING HOTEL UNITS.

OKAY, WELL I LOVE THAT.

VERY NON-CONFORMING.

AND IS THAT YOUR MOTION? 'CAUSE I'M NOT ON THIS COMMITTEE.

WELL, I MEAN IT'S, IT'S, I'M JUST GOING THROUGH THE LIST OF EXCEPTIONS.

I SEE CLEARLY.

UM, YOU KNOW, AND CD THREE, COLLINS PARK AND COLLINS PARK WHERE WE HAVE CD TWO, THERE WOULD BE AN EXCEPTION THERE WHERE, YOU KNOW, YOU KEEP, UH, THE SMALLER HISTORIC ROOMS. I GOT THAT WASHINGTON AVENUE HAS AN EXCEPTION AS WELL.

AGAIN, UH, THAT'S, UH, THAT'S A HISTORIC AREA, BUT, BUT TOWN CENTER, THAT'S NOT, THAT IS NOT A HISTORIC AREA, THAT IS NEW DEVELOPMENT.

AND WE HAVE BEEN DEALING WITH THAT PROLIFERATION.

WE'VE HAD MULTIPLE DISCUSSIONS ABOUT HOW DO WE ADDRESS THIS AND FINE, I MEAN, THEY BECOME NON-CONFORMING, LET THEM BECOME NON-CONFORMING BECAUSE IT, IT, IT IS NON-CONFORMING WITH THE VISION AND THE DIRECTION WE WANT FOR THE CITY OF MIAMI BEACH.

AND IF THAT EVER BECOMES CONFORMING TO, TO OUR VISION, WELL THEN WE AMEND THE CODE AGAIN.

BUT RIGHT NOW, THE DIRECTION WE'RE GOING IN THAT WE'RE LOSING RESIDENTS AND WE NEED TO, UM, TO ENCOURAGE RESIDENTIAL AND DE-INCENTIVIZE SO MUCH TRANSIENT.

I'M ALL FOR APPLYING IT THERE AS WELL, THE INCREASED SQUARE FOOTAGE.

SO IF, IF I MAY YES, PLEASE.

I MAKE, I'D MAKE THAT MOTION TO, TO RECOMMEND THIS WITH THE, UH, AMENDMENT TO THE TOWN CENTER TO INCLUDE THAT AS WELL, SARAH.

SECOND IS, IS THAT ALLOWED? UM, JUST WANNA RUN IT BY THE CITY ATTORNEY.

YEAH, I THINK THE ORIGINAL REFERRAL WAS PRETTY BROAD.

IT SAID, UH, APPLICABLE TO ALL ZONING DISTRICTS WHERE HOTELS ARE PERMITTED.

SO I I THINK IT'S PRETTY BROAD.

I THINK, I THINK YOU CAN DO THAT.

THE, THE ONLY, THE ONLY THING WE ALWAYS CAUTION YOU WITH WHEN YOU MAKE A CHANGE LIKE THAT, THAT WILL MAKE PROJECTS NON-CONFORMING IS IT THEN MAY LIMIT A DEVELOPMENT IN THE FUTURE IF THEY HAVE TO DO A REALLY SUBSTANTIAL, UH, RENOVATION OR REHABILITATION OF THE, OF THE BUILDING.

BUT THAT'S THE GOAL OF THIS, IS TO MAKE SURE THAT WE DON'T HAVE MORE 175 SQUARE FOOT MICRO-UNIT HOTEL ROOMS. RIGHT? AND, AND I UNDERSTAND THAT, BUT THERE'S THE OTHER CONSIDERATION OF IF THERE ARE BUILDING ISSUES THAT NEED TO BE RESOLVED, YOU KNOW, MR. MR. ATTORNEY, MR. MR. DIRECTOR, WHEN WAS THE LAST TIME YOU SAW A NON-CONFORMING BUILDING HIT THE 50% THRESHOLD OF VALUE WITH A RENOVATION? I, IT WOULD'VE BEEN A MUCH OLDER BUILDING.

IT WOULDN'T HAVE BEEN ONE OF THESE NEWER BUILDINGS BECAUSE AT THAT POINT, USUALLY WHEN YOU ARE ABOUT TO HIT THAT THRESHOLD, USUALLY IT'S JUST MORE ADVANTAGEOUS AND A BETTER INVESTMENT JUST TO GO FOR NEW CONSTRUCTION TYPICALLY.

POTENTIALLY.

AND THIS ISN'T HISTORIC AND THIS ISN'T HISTORIC NEW AND YEAH, IT'S NEW.

SO YOU KNOW HOW LONG BEFORE THEY'LL HAVE TO GO IN AND FIX THESE PROPERTIES UP.

BUT I THINK IT SETS THE VISION.

IT SETS THE VISION AND IT SETS THE MESSAGE CLEAR.

'CAUSE THE THING IS WHAT WE PUT IN WRITING DOES MATTER.

PEOPLE SEND, IT INFLUENCES THE MINDS OF CREATIVE PEOPLE WHO ARE LOOKING AT OUR CODE AND SEEING, OKAY, WHAT DOES THE CITY HAVE ENVISIONED HERE? WHAT CAN I DO WITH MY PROPERTY? EVEN IF IT'S OUTSIDE OF THAT AREA, MAYBE I CAN GO TO THE CITY AND ASK FOR THE SAME REGULATION TO APPLY TO MY PROPERTY.

AND THAT'S THE THING, THAT'S WHY OUR WORDS ON THESE PAPERS REALLY MATTER.

EVEN IF WE MAKE IT NON-CONFORMING, WE'RE TELLING THE WORLD THAT IT'S READING OUR CODE.

OKAY? DON'T GO WITH THE IDEA OF THINKING YOU'LL BE ABLE TO COME TO US AND GET ZONING FOR A HOTEL THAT IS NOT ZONED FOR A HOTEL.

DON'T GO WITH THE IDEA OF THINKING YOU'LL BE ABLE TO GET A MICRO UNIT IN AN AREA THAT'S NOT ZONED FOR MICRO UNIT BECAUSE IT'S NOT CONTEXTUAL TO THE SURROUNDING AREA.

SO WHAT WE PUT HERE ON PAPER REALLY DOES MATTER AS RELATES TO THAT.

SO THERE'S A MOTION AND A SECOND.

UH, IS THERE MEMBERS, UH, ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE IN PERSON, NONE IN ZOOM.

UM, CAN WE SHOW THIS REFERRED BY ACCLIMATION? YEAH.

CONGRATULATIONS ON YOUR PUPPY.

BY ACCLIMATION.

THIS ITEM HAS BEEN REFERRED.

THANK YOU GUYS AND THANK YOU COMMISSIONER WILSON GONZALEZ FOR JOINING US.

OF COURSE.

OH, SAM.

OKAY, ITEM NUMBER SIX IS AN ORDINANCE TO MODIFY THE HEIGHT OF ALLOWABLE FENCING AND SHRUBBERY OF OCEAN FRONT PROPERTIES FACING THE BEACH WALK TO IMPROVE SIGHT LINES FOR PEDESTRIANS.

NOW I NEED A PUPPY TOO.

EVERYONE'S GOT A PUPPY.

EVERYONE NEEDS A DASH OUT.

A WHAT'S YOUR PUPPY DAVID? I HAVE A 10 POUND TERRORIST YOU CAN HAVE GOING CHEAP.

WHAT? MY 10 POUND TERRORIST GOING CHEAP .

THEY BRING JOY TO CITY HALL.

AND WE HAVE, UH, I HAVE MY, MY, MY NEW PUPPY, SAMMY THAT, UH, THAT'S UH, JOINING US TODAY.

THEY'RE SAMMY .

SAMMY IS TWINS WITH UH, JESSE OVER THERE.

OH GOD, THERE MIGHT BE LOVERS .

ALRIGHT, UM, LET'S , MR. DIRECTOR, LET'S CALL ITEM NUMBER SIX.

[6. ORDINANCE TO MODIFY THE HEIGHT OF ALLOWABLE FENCING AND SHRUBBERY OF OCEANFRONT PROPERTIES FACING THE BEACHWALK TO IMPROVE SIGHTLINES FOR PEDESTRIANS]

AND THIS ITEM IS BROUGHT TO US BY THE QUEEN OF MICRO MOBILITY HERSELF.

COMMISSIONER

[01:55:01]

TANYA K BOT.

I'VE BEEN CALLED MANY THINGS IN MY LIFE.

I'VE NOT YET BEEN CALLED THAT.

SO, UM, YEAH, SO THIS IS JUST TRYING TO, UM, IMPROVE THE SIGHT LINES WHEN YOU'RE OUT ON, UM, THE BEACH WALK AND YOU'RE RIDING OR RUNNING.

UM, AND PEOPLE COME IN FROM THE ACCESS POINTS, WHETHER FROM A HOTEL OR FROM ONE OF THE SIDE STREETS.

UM, IT, WE NEED TO MAKE SURE THAT WE DON'T WANNA AFFECT THE EXPERIENCE FOR GUESTS OR RESIDENTS IN THEIR PROPERTIES WITHIN THEIR PROPERTIES.

SO WE'RE NOT REALLY AFFECTING ANYTHING WITHIN THE PROPERTY LINES, BUT IT'S, UM, IT'S TO MAKE SURE THAT WHEN YOU'RE COMING AROUND THE CORNER YOU DON'T GET SMOOSHED BECAUSE SOMEBODY CAN'T SEE YOU.

AND SO WE DISCUSSED THIS AT LAST MONTH'S MEETING AND, UM, IT WASN'T SUPER CLEAR HOW THAT WOULD WORK.

AND SO YOU GUYS HAVE DONE A LITTLE WORK TO REFINE THAT.

SO I'LL TURN IT OVER TO YOU, SOME GREAT OFFICIALS.

YOU'RE FINE WITH THAT AS A SPONSOR.

UM, WE DID MODIFY THE TEXT OF THE PROPOSED AMENDMENT SLIGHTLY AND THIS WOULD AGAIN BE AN AMENDMENT TO SECTION 14 DASH ONE OF THE CITY CODE.

AND WE CREATED TWO OPTIONS WITHIN THE TEXT OF THE ORDINANCE.

IT'S THE 10 FOOT OPTION, BUT BASICALLY WHAT WE CAME UP WITH WAS AN OPTION FOR A 10 FOOT VISIBILITY TRIANGLE, WHICH WOULD BE 10 FEET IN BOTH DIRECTIONS OF BOTH ACCESS POINTS FROM PRIVATE PROPERTY AS WELL AS FROM THE STREET END.

AND WE HAVE A VISUAL WHERE WE USE THE PROPERTY AT 1775 COLLINS AVENUE AS AN EXAMPLE.

THE OTHER OPTION WE CAME UP WITH WAS A SIX FOOT VISIBILITY TRIANGLE.

AGAIN, USE UTILIZING THE SAME PROPERTY AND BASICALLY THAT WOULD BE SIX FEET IN BOTH DIRECTION.

ON BALANCE.

THE ADMINISTRATION IS RECOMMENDING THE, UH, 10 FOOT VISIBILITY, UH, OPTION.

AND IF THERE'S CONSENSUS ON EITHER OPTION, THIS WOULD REQUIRE, UM, GOING TO THE CITY COMMISSION FOR A REFERRAL TO THE PLANNING BOARD, UM, IN ORDER FOR THE, UM, THE LDR PORTION OF IT TO BE TRANSMITTED BY THE PLANNING BOARD.

AND THEN THE CITY CODE COULD BE BROUGHT TO THE COMMISSION FOR A FIRST READING ORDINANCE.

SO I, YOU KNOW, WE ARE, WE ARE ONLY GONNA SEE INCREASED USAGE OF THE BEACH WALK, UM, AS PEOPLE HAVE MORE AND MORE OPPORTUNITY TO USE BIKES OR WHATEVER VEHICLES END UP BEING PERMITTED THERE.

AND I THINK IT IS INCUMBENT ON US TO GET AHEAD OF THIS BEFORE, UM, ACCIDENTS START HAPPENING IN A REALLY SIGNIFICANT WAY.

SO WE HAVE A, A NUMBER OF NEAR MISSES AND HOPEFULLY THIS WILL, UH, MITIGATE EVEN THOSE NEAR MISSES.

SO WITH THE SUPPORT OF MY COLLEAGUES, I'D LIKE TO MOVE THIS FORWARD WITH THE 10 FOOT SIGHT LINES.

THANK YOU COMMISSIONER.

I THINK THIS IS SUCH A GREAT ITEM.

UM, YOU KNOW, BEING ON THE BOARD, WHILE FREQUENTLY I CAN ATTEST TO HOW IT CAN BE DANGEROUS AT TIMES WHEN YOU'RE, UH, COMING OUT OF, UH, ONE OF THESE, UH, BEACH ENTRANCES, UM, AND HAVING SOMEONE ON A SCOOTER COMING BY, OR NOT A SCOOTER, BUT ON A BICYCLE COMING BY, UH, OR SOME OTHER DEVICE AND NOT SEEN YOU AND HOW DANGEROUS IT CAN BE, UH, TO GET HIDDEN.

AND WE'VE HAD SENIORS GET HIT, WE'VE HAD CHILDREN, UH, GET HIT.

SO IT'S, IT'S NOT A, IT'S NOT A GOOD SITUATION.

AT THE LAST MEETING I HAD, YOU KNOW, CONCERNS.

UM, YOU KNOW, IF YOU, IF YOU MOVE FORWARD, UM, WITH, UH, WITH 10 FOOT AND I THOUGHT IT WAS 10 FOOT ON EACH SIDE, UH, AND IT WOULD END UP BEING, UH, YOU KNOW, SOME LARGE AMOUNT OF, UH, OF SPACE, UH, THAT WOULD GET, UH, TAKEN UP, UH, BY THIS, ESPECIALLY ON A SMALLER PROPERTY.

WHAT I WOULD SUGGEST IS THAT PERHAPS DO THE 10 FOOT ON LARGER, ON LARGER PROPERTIES, ON PROPERTIES THAT HAVE A LARGER FRONTAGE ON THE BEACH WALK.

AND PERHAPS OUR PLANNING DIRECTOR COULD GUIDE US ON THIS IF HE THINKS IT WOULD BE APPROPRIATE.

AND DO THE SIX FEET ON THE SMALLER LOTS THAT WAY, YOU KNOW, THAT WAY IT REALLY DEPENDS ON YOUR LOT SIZE.

IF YOU, IF YOU HAVE A SMALLER LOT, YOU YOU DON'T HAVE TO GIVE UP AS MUCH OF YOUR, OF YOUR, UH, OF YOUR GREENERY, UH, AS A LARGER LOT.

AND I DON'T KNOW, UH, TOM, HOW YOU THAT YEAH.

WHEN WE CAME UP WITH BOTH OPTIONS, THEY'RE BOTH GOOD OPTIONS.

UM, WE HAD RECOMMENDED 10 FEET BECAUSE WE FELT THAT IT, IT ENHANCED THE VISIBILITY AS MUCH AS POSSIBLE.

BUT IN TERMS OF LOOKING AT IT ON A LOT SIZE BASIS, WE DO THINK THAT WOULD MAKE SENSE FOR SMALLER LOTS TO HAVE SOMETHING A LITTLE SMALLER.

SO PERHAPS IF THE LOT IS LESS THAN A HUNDRED FEET IN WIDTH, THEY COULD USE THE SIX FOOT OPTION.

UM, AND MOST OCEAN FRONT LOTS, UM, WITH SOME EXCEPTIONS, ARE GONNA BE LARGER THAN THAT.

BUT FOR THOSE SMALLER LOTS THAT ARE LESS THAN A HUNDRED FEET IN WIDTH, WE BELIEVE SIX FEET WOULD BE ADEQUATE.

UM, THE OTHER, AND, AND I DON'T IF, IF

[02:00:01]

YEAH, YEAH.

UM, THE OTHER THING I WOULD SUGGEST THAT IS VERY IMPORTANT, UNLESS WE EDUCATE, UH, PROPERTY OWNERS ABOUT THIS, GIVES THEM A PROCESS FOR NOTICE AND WARNING, IT REALLY WON'T BE EFFECTIVE.

WE REALLY, YOU KNOW, WE REALLY NEED TO EDUCATE PEOPLE ABOUT IT, KIND OF HOW WE DID, UH, WITH THE ELECTRIC LEAF BLOWERS, UH, THAT WHEN COMMISSIONER SOMALIAN SPONSORED THE ORDINANCE ORIGINALLY, YOU KNOW, PROVIDED FOR EDUCATION, A NOTICE PERIOD, A WARNING PERIOD BEFORE YOU START TO ISSUE THE VIOLATIONS.

UM, AND I THINK THAT THAT'S IMPORTANT AS WELL, UH, BECAUSE THIS IS GONNA BE A NEW POLICY THAT PEOPLE ARE GOING TO HAVE TO IMPLEMENT.

PROPERTY OWNERS ARE GOING TO HAVE TO EDUCATE THEIR PROPERTY MANAGERS WHO ARE GOING TO HAVE TO EDUCATE THEIR LANDSCAPING CREWS.

SO I THINK, UH, IF PERHAPS YOU COULD WORK WITH STAFF IN INCORPORATING SOMETHING LIKE THAT INTO YOUR ITEM, IT'D BE HELPFUL.

THE LAST THING I'D SUGGEST, AND I MENTIONED IT TO STAFF DURING MY BRIEFING, YOU KNOW, SIX FEET, 10 FEET COULD BE SUBJECTIVE ON WHO IS DOING THE MEASUREMENTS.

AND IT SHOULD BE, I MEAN, IT'S A FOOT TO FOOT WELL, BUT PEOPLE MEASURE FROM DIFFERENT POINTS.

YOU KNOW, SOME PEOPLE WILL THINK IT'S FROM PROPERTY LINE TO PROPERTY LINE, AND THEY'RE GONNA BE LIKE, WELL, I DON'T HAVE TO GO TO THE RIGHT OF WAY.

AND, AND SO IT MIGHT BE GOOD IF THE CITY, IF A PROPERTY OWNER CALLS THE CITY, THAT THE CITY BE ABLE TO GO OUT THERE AND, YOU KNOW, PROVIDE THEM WITH CLARITY.

YOU KNOW, THIS IS THE AREA YOU NEED TO KEEP CLEAR JUST SO THAT YOU KNOW, IT IS VERY CLEAR ON THE INTENT OF THE POLICY AND PEOPLE KNOW HOW TO IMPLEMENT THE POLICY WELL, AND I DON'T KNOW IF STAFF, IF YOU GUYS HAVE ANY OBJECTIONS TO THAT EMPLOYEE CLARITY? NO.

AND ONE OF THE OTHER THINGS THAT WE THINK MIGHT BE GOOD TO TWEAK THE ORDINANCE SLIGHTLY IS TO TAKE THE VISIBILITY MEASUREMENT FROM THE BEACH WALK AND NOT THE PROPERTY LINE.

BECAUSE AS SHOWN IN THE EXAMPLE THAT WE PROVIDED, IRONICALLY, THERE ARE PORTIONS OF THE BEACH WALK THAT UNDULATE, AND THERE'S LANDSCAPING THAT'S TECHNICALLY ON PUBLIC PROPERTY THAT PROBABLY WOULD BE BETTER OFF BEING PART OF THE SIDE DRIVE.

AND THAT'S WHY I, ME, BECAUSE, UH, COMMISSIONER BO, I'M SURE YOUR INTENT IS NOT JUST WITHIN THE PRIVATE PROPERTY.

I'M SURE YOUR INTENT IS TO MEASURE ALL THE WAY INTO, INTO THE, UH, BEACH WALK.

YEP.

UM, TO ACHIEVE THE SAFETY, UH, BENEFITS THAT YOU'RE SEEKING.

UH, AND SO, YOU KNOW, IN ADDITION TO CLARIFYING THE LANGUAGE ON THE ORDINANCE TO SAY YOU MEASURE UP TO THE, UH, BEACH WALK INSTEAD OF THE PROPERTY LINE, IT MIGHT BE JUST HELPFUL, UH, IF A PROPERTY OWNER CALLS THE CITY, THE CITY, BE ABLE TO PROVIDE A GUIDANCE ON SITE AFTER THE AREA.

IF I MAY, UM, TWO OTHER THINGS THAT I WAS THINKING ABOUT.

ONE IS PROSPECTIVELY, I KNOW WE'RE NOT THERE YET, BUT, UM, EXTEND US TO, UM, THE CUT WALK AND THE, UM, THE BAY WALK AS THEY BECOME, UM, ONLINE, COME ONLINE, OR IF THEY CUT WALK EVER DOES HAVE THAT KIND OF MAJOR GROWTH.

AND THEN, UM, IT SHOULD OBVIOUSLY APPLY TO CITY OWNED PROPERTY AS WELL.

THANK YOU FOR THAT, BECAUSE WHENEVER WE DO POLICIES THAT APPLY TO PROPERTY, PROPERTY OWNERS, TO THE EXTENT POSSIBLE, IT SHOULD APPLY TO THE CITY AS WELL.

YEP.

I AGREE WITH YOU 100%.

UM, SO THEN WITH THAT, WILL YOU, ARE YOU MOVING YOUR ITEM? YEAH.

CAN I MOVE IT AS AMENDED? AS AMENDED? UH, IS THERE ANY OTHER, UH, COMMENTS FROM THE ON THIS ITEM? YES, COMMISSIONER DOMINGUEZ.

UM, THIS IS A GREAT ITEM.

I KNOW THAT I'VE HAD, UH, CONVERSATIONS WITH, UH, PEOPLE THAT ARE BICYCLISTS AND PEDESTRIANS AND, UM, I'VE BEEN IN TOUCH WITH, UH, THE CITY TEAM, UH, TO GO TO AND TRIM SHRUBS AND STUFF.

SO THIS IS A STEP IN THE RIGHT DIRECTION AND IT'S SAFE, AND I REALLY LIKE THAT YOU'RE BRINGING THIS FORWARD.

GOOD JOB.

SO THERE'S BEEN A MOTION AND A SECOND, UH, MR. DIRECTOR, UH, JUST A QUICK POINT OF CLARITY, MR. CHAIR, SINCE THIS WAS A DUAL REFERRAL, THE LDR AMENDMENT WILL BE ABLE TO TAKE DIRECTLY TO THE PLANNING BOARD, AND THEN AFTER THE PLANNING BOARD TRANSMITS IT, WE'LL BRING BOTH FIRST READINGS TO THE CITY COMMISSION AT THE SAME TIME.

YOU'RE ABSOLUTELY CORRECT.

THANK YOU, MR. DIRECTOR.

WITH THAT, WE CAN MOVE FORWARD TO ITEM NUMBER

[7. EXPEDITE THE OPENING OF THE BAYWALK AND MOVE THE DEVELOPMENT OF THE BAYWALK UP ON THE G.O. BOND PRIORITIZATION LIST; AND PRESENT THE BAYWALK PLAN TO THE LUSC COMMITTEE.]

SEVEN.

COMMISSIONER DOMINGUEZ, THE STEWARD OF OUR BAY WALK.

SO I HAVE, UM, THANK YOU.

I HAVE WEEKLY CONVERSATIONS WITH DIFFERENT STAKEHOLDERS ON THE BAY WALK AND, UM, CURRENTLY ONE OF THE PUBLIC BENEFITS WAS THAT MONDRIAN, UH, CONSTRUCTED THE BAY WALK BEHIND THAT BUILDING THAT'S BEEN IN PROGRESS FOR THE LAST SEVERAL WEEKS.

UM, I THINK YOU MIGHT HAVE AN UPDATE ON THE PEDESTRIAN BRIDGE.

YES, MA'AM.

I, YOU'RE REC OH, DAVID, YOU'RE RECOGNIZED.

GOOD MORNING.

UM, OR ACTUALLY GOOD AFTERNOON, I APOLOGIZE.

UH, DAVID GOMEZ, INTERIM DIRECTOR WITH CIP, UM, COMMISSIONER DOMINGUEZ.

THE SECTION OF THE BAY WALK BEHIND THE MADRE AND RADOR

[02:05:01]

ARE UNDERWAY.

UM, THEY'RE MOVING ON SCHEDULE AND THEY ANTICIPATE COMPLETION BEFORE THE END OF THE YEAR.

UH, THE UPDATE WE HAVE FOR YOU ON THE PEDESTRIAN BRIDGE, I HAVE THE DEVELOPER HERE TO, TO GIVE YOU SOME FEEDBACK.

UH, WE'VE BEEN WORKING VERY CLOSELY WITH THEM ON IDENTIFYING AND RESOLVING ANY PENDING ISSUES.

UH, UNFORTUNATELY THERE IS SOME STUFF THAT NEEDS TO BE IRONED OUT, SUCH AS, UH, VERIFYING SOME AS-BUILTS, UH, CONDITIONS AND, AND FINALIZING THEIR GMP WITH THEIR CONTRACTOR.

UM, I'LL, I'LL HAVE HECTOR GIVE YOU THE UPDATE COMMISSIONERS.

UM, HECTOR WITH, UH, TERRA GROUP.

UM, SO A, AS DAVID WAS SAYING, WE, WE, AND WE'VE MET TODAY IN ORDER TO TRY TO PUT A, A A A A PATH FORWARD, YOU KNOW, FROM POINT A TO POINT B TO TRY TO GET THIS THING FULLY OPEN.

UM, WHAT WE ARE, WE ARE ENCOUNTERING SOME AS BILL CONDITIONS THAT WE HAVE TO, UH, IN THE FIELD WITH UTILITIES.

UM, WE HAVE, WE'RE, WE'RE HAVING DIFFERING DIFFERING, UH, ASBUILT CONDITIONS AND, UH, ASBUILT RECORDS.

SO WE'RE TRYING TO GET OUT THERE, PUT A FENCE UP BY THE, BY THIS WEEK, TRY TO GET OUT THERE, START POTHOLE AND SOFT DIGGING TO BE ABLE TO IDENTIFY THOSE, TO BE ABLE TO SEE WHERE EXACTLY THEY ARE.

UM, UNFORTUNATELY WE HAD DIFFERENT REPORTS AND IT'S SHOWING 'EM IN DIFFERENT LOCATIONS.

PREVIOUSLY, WE'VE HAD TO MODIFY THE FOUNDATIONS OF THE, UH, OF, OF THE BRIDGE IN ORDER TO, BECAUSE OF THE UTILITIES.

HOPEFULLY WE, WE, WE WON'T HAVE TO GET TO THAT, BUT WE, WE WILL HAVE TO LOOK AT THAT WITH, WITH OPENING UP THE GROUND.

UM, AND THEN AS FAR AS FINALIZING THE GMP WITH, WITH MASTEC, WHICH MATT GONNA BE THE CONTRACTOR, WE DO HAVE A GMP IN PLACE.

WE JUST HAVE TO FINALIZE THE NUMBERS FOR EARLY WORKS.

AND THE FINAL, THE FINAL PROCESS OR THE FINAL NUMBER FOR THE OVERALL PROJECT.

UM, WE ARE ENCOUNTERING SOME INCREASES IN, IN COST.

SO WE'RE TRYING TO REALLY BE EFFICIENT WITH, WITH THE BUYOUT THAT WE HAVE WITH THE SUBCONTRACTORS.

AND IT'S TAKING A LITTLE BIT MORE TIME, BUT WE EXPECT IT TO BE DONE IN THE NEXT COUPLE WEEKS.

AND DO YOU THINK, UM, FOR THE PEDESTRIAN BRIDGE, UM, WE'LL HAVE A BETTER UPDATE NEXT MONTH? I, I, I, I, I PLAN TO.

I PLAN TO, I THINK WE, WE WE'RE GONNA SLOWLY ROLL INTO A GROUNDBREAKING OR, AND, AND I THINK WE'RE GONNA SLOWLY ROLL INTO UTILITY RELOCATE.

SO IT'S GONNA TAKE PROBABLY FOUR TO FIVE MONTHS OF JUST RELOCATING UTILITIES.

WE HAVE A, A LARGE AT AND T LINE THAT, THAT, THAT CONNECTS TO THE COAST GUARD, WHICH THAT'S GONNA BE A, A, A COORDINATION ITEM.

UH, WE HAVE WATER MAINS AND FPL AND DIFFERENT THINGS.

SO WE'RE, WE'RE GONNA HAVE TO GO THROUGH THAT.

UM, BUT I THINK WE'LL HAVE A BETTER, A MUCH BETTER PLAN, UH, FOR OUR NEXT LAND USE.

UM, VICE MAYOR, CAN WE KEEP THIS ON FOR NEXT MONTH? YES.

I MEAN, WE NEED TO, WE NEED TO SEE PROGRESS, UH, WITH, WITH THE BRIDGE.

I, I KNOW I, I'VE BEEN, I'VE BEEN HEARING THAT PROGRESS ON THE DEVELOPER SIDE HAS BEEN VERY SPORADIC, UH, ON THIS, ON THIS MATTER.

UH, AND, UH, AND, AND THE CITY FEELS THAT THE PROGRESS COULD BE HAPPENING A LITTLE BIT MORE, UH, QUICKER.

SO COMMISSIONER, THANK YOU FOR KEEPING THIS ON THE AGENDA.

WE'LL KEEP IT OPEN TILL NEXT MONTH.

THANK YOU, JOHN.

UM, MR. DIRECTOR, LET'S CALL ON ITEM NUMBER EIGHT.

[8. DISCUSSION ON AMENDING THE LAND DEVELOPMENT REGULATIONS (LDRS) AND COMPREHENSIVE PLAN (CP) TO REQUIRE A HOUSING IMPACT STATEMENT FOR ALL DEVELOPMENT APPLICATIONS, TO INCLUDE MITIGATION MEASURES, AND MODIFY REVIEW CRITERIA TO CONSIDER HOUSING IMPACTS.]

SOME OF THE, UH, HOUSING IMPACT THAT THEY'RE CAUSING.

ITEM NUMBER EIGHT IS A DISCUSSION ON AMENDING THE LAND DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN TO REQUIRE A HOUSING IMPACT STATEMENT FOR ALL DEVELOPMENT APPLICATIONS TO INCLUDE MITIGATION MEASURES AND MODIFY REVIEW CRITERIA TO CONSIDER HOUSING IMPACTS.

UH, THANK YOU, MR. MR. DIRECTOR.

THIS IS AN ITEM THAT I AM SPONSORING.

UM, YOU KNOW, BECAUSE WE DO HAVE A CRISIS, UH, WITH HOUSING IN OUR CITY.

AND, UM, AND ONE OF THE CHALLENGES IS WHEN WE HAVE DEVELOPMENT APPLICATION COMING TO OUR CITY, GOING TO OUR BOARDS AND DECISIONS BEING MADE, UH, BY OUR BOARDS THAT WE DON'T HAVE A SAY OVER, BUT THAT COULD POTENTIALLY BE IMPACTING HOUSING DEVELOPMENT APPLICATIONS THAT COULD DIRECTLY BE IMPACTING THE AVAILABILITY OF HOUSING.

SO WHAT MY ITEM DOES IS THAT IT AMENDS OUR LDRS AND THE COMP PLAN TO REQUIRE A HOUSING IMPACT STATEMENT FOR ALL DEVELOPMENT APPLICATIONS MAKING THEIR WAY TO THE DESIGN REVIEW BOARD, TO THE HISTORIC PRESERVATION BOARD, TO THE PLANNING BOARD, TO THE, TO THE, UM, TO THE BOARD OF ADJUSTMENTS, UH, AND TO INCORPORATE THAT HOUSING IMPACT STATEMENT INTO THE APPLICATIONS THAT THESE BOARD MEMBERS ARE GOING TO HAVE.

SO IF, IF YOU ARE GETTING, LIKE THE RIVIERA APARTMENTS, IF YOU'RE GETTING THE RIVIERA APARTMENTS AND YOU'RE CONVERTING IT TO A HOTEL, THE DEVELOPER WOULD HAVE BEEN REQUIRED TO SUBMIT AS PART OF THEIR APPLICATION, IN THIS CASE TO THE HISTORIC PRESERVATION BOARD, UH, A HOUSING IMPACT STATEMENT THAT WOULD HAVE REQUIRED THE DEVELOPER TO LET THE DECISION MAKERS KNOW, IN THAT CASE, THE HISTORIC PRESERVATION BOARD, THAT THEIR DECISION WAS GOING TO ELIMINATE THE AVAILABILITY OF THIS SECTION EIGHT HOUSING AND ALLOW, AS PART OF THAT HOUSING IMPACT STATEMENT FOR THE DEVELOPER TO EXPLAIN ANY MITIGATION THAT THEY MAY HAVE TAKEN TO ADDRESS, UH,

[02:10:01]

UH, THAT'S THE INTENT OF, OF ITEM NUMBER, NUMBER EIGHT.

UH, IT, IT, THERE'S OTHER FOLLOW UP ITEMS, UH, TO IT.

UM, BUT THIS IS THE MOST BASIC THAT I THINK WE CAN DO IF WE'RE VIRTUALLY LOOKING TO AVOID DISPLACING RESIDENTS AND ESPECIALLY RESIDENTS IN THE SEGMENT OF THE MARKET WHERE WE HAVE THE MOST LIMITED AVAILABILITY OF HOUSING, WHICH IS AFFORDABLE HOUSING, WORKFORCE HOUSING, AND SECTION EIGHT HOUSING.

WE NEED TO BE AWARE OF THE DECISIONS THAT, OF THE IMPACT THAT OUR DECISIONS AND THOSE OF OUR BOARDS ARE GONNA HAVE ON THESE, UH, ON THESE ACTIONS.

I DON'T KNOW IF THERE'S ANY COMMENT FROM MY COLLEAGUES ON THIS.

THAT'S A GOOD IDEA.

IS THERE, I CAN'T MOVE THE ITEM, BUT I DON'T KNOW IF ANYONE I'LL MOVE IT.

YOU'LL, OKAY.

SO THE ITEM HAS BEEN MOVED.

IT'S BEEN SECONDED BY THE CHAIR, UH, MR. DIRECTOR, ANY, ANYTHING ON THIS ITEM THAT I'VE LEFT OUT THAT SHOULD BE INCORPORATED? UH, NO.

MR. CHAIR, YOU COVERED EVERYTHING.

UM, SO WITH THAT, UH, COMMISSIONER, BUT YOU HAVE YOUR HAND RAISED.

SORRY.

MY HAND RAISED MY MOUTH FULL.

THAT'S WONDERFUL.

UM, APOLOGIES, BUT NO, DON'T WORRY.

COULD THERE BE, AS PART OF THIS, UM, THE BEGINNING OF SORT OF LIKE A, A REGISTRY OR A SPREADSHEET SOMEPLACE THAT WE COULD ACCESS EASILY TO SEE WHICH DEVELOPMENTS HAVE DISPLACED, WHICH NUMBER OF WHAT TYPES OF UNITS? SO THEN THERE'S A RUNNING TALLY OF WHAT'S, WHAT THE MITIGATION COULD BE OR WHAT THE DISPLACEMENT IS.

UH, YEAH, I DON'T SEE WHY NOT.

YEAH, WE CAN CERTAINLY DO THAT SEPARATELY.

IT'S VERY EASY TO PUT TOGETHER BECAUSE IT'S JUST A MATTER OF PUTTING TOGETHER, UM, A SPREADSHEET OF APPROVED PROJECTS AND THE NUMBER OF RESIDENTIAL UNITS THAT WERE BEING CONVERTED.

AND MAYBE THAT COULD LIVE SOMEPLACE ON THE, UM, ON THE WEBSITE UNDER AFFORDABLE HOUSING OR SOMETHING, AND IT CAN JUST BE UPDATED WITH EVERY NEW APPROVAL OR DISAPPROVAL AND EVERYBODY COULD HAVE THE SAME OPERATING INFORMATION.

YEAH, ABSOLUTELY.

I THINK THAT THAT IS VERY CONSTRUCTIVE.

SO LET'S INCORPORATE THAT INTO, INTO THIS.

UH, SO WITH THAT, THERE'S A MOTION AND A SECOND.

UH, SEEING NO MORE COMMENTS FROM THE DAYS, ANY COMMENTS FROM THE PUBLIC? I SEE NO MEMBERS OF THE PUBLIC AND PRESENT TO SPEAK ON THIS ITEM.

NONE, NONE IN ZOOM.

AND WE CAN SHOW THIS ITEM ADOPTED BY ACCLIMATION.

UH, THIS GOES NEXT TO THE PLANNING BOARD, OR DOES IT GO TO FIRST READING AT THE CITY COMMISSION? NO, THIS, WE WOULD DRAFT THE ACTUAL, WE WOULD PUT THE TEXT THAT IS IN THE MEMO INTO FORMAL ORDINANCES, BRING THEM TO THE COMMISSION FOR REFERRAL TO THE PLANNING BOARD.

PERFECT.

THANK YOU, MR. DIRECTOR WITH THAT AMENDMENT OF THE YES, WE COULD DO THAT, OR WE COULD DO THAT AS A SEPARATE POLICY DIRECTION SO THAT DEFER TO YOU, BECAUSE WE COULD START DOING THAT IMMEDIATELY, WHICHEVER YOU YEAH.

IF YOU WANT TO INCORPORATE IT INTO THIS, WHATEVER YOU WANT.

WELL, IF YOU CAN DO IT IMMEDIATELY.

MY THOUGHT WAS WE WOULD JUST DO THAT WE'LL NOTED IN THE REFERRAL MEMO, BUT THAT'S SOMETHING WHERE, UM, BASED UPON THE DIRECTION OF THE COMMISSION AS PART OF THE REFERRAL, WE CAN START, UM, CREATING THAT REGISTRY.

THANK YOU COLLEAGUES.

UM, BUT THAT, THAT'S, UM,

[9. DISCUSSION ON AMENDING NOTICE REQUIREMENTS IN THE MIAMI BEACH RESILIENCY CODE TO REQUIRE COURTESY NOTICE TO RESIDENTIAL TENANTS OF A PROPERTY SUBJECT TO A LAND USE BOARD APPLICATION, WHERE APPLICABLE.]

CALL ITEM NUMBER NINE.

ITEM NUMBER NINE IS A DISCUSSION ON AMENDING NOTICE REQUIREMENTS IN THE MIAMI BEACH RESILIENCY CODE TO REQUIRE A COURTESY NOTICE TO RESIDENTIAL TENANTS OF A PROPERTY THAT IS THE SUBJECT OF A LAND USE BOARD APPLICATION WHERE APPLICABLE.

CONSIDERED, ESPECIALLY WHEN IT INVOLVES A CHANGE OF USE.

SO, SO THIS ITEM IS A COMPANION TO ITEM NUMBER EIGHT AND ITEM NUMBER EIGHT.

UH, WHEN WE RECEIVE, UM, YOU KNOW, WITH THE HOUSING IMPACT STATEMENT, WHEN WE RECEIVE DEVELOPMENT APPLICATIONS THAT ARE GONNA IMPACT THE AVAILABILITY OF HOUSING, WE ARE, WE ARE GETTING THIS HOUSING IMPACT STATEMENT.

NOW WHAT DO WE DO WITH THAT HOUSING IMPACT STATEMENT? WE KNOW THAT THERE ARE INDIVIDUALS WHO LIVE IN VERY VULNERABLE CONDITIONS, UH, INDIVIDUALS WHO, EVEN WITH THE RIVIERA, UH, WITH, WITH A, WITH A RIVIERA APARTMENTS, WE HAD INDIVIDUALS WHO WERE ON THE VERGE OF BECOMING HOMELESS FROM THEIR DISPLACEMENT, FROM, FROM THEIR APARTMENTS WITH, UH, WITH THIS, UH, WITH THIS NOTICE, UH, WE'RE ABLE NOW TO GIVE A COURTESY NOTICE TO, UH, TENANTS WHEN WE RECEIVE THAT NOTICE FROM A DEVELOPER THAT WE ARE GOING TO MOVE FORWARD.

THAT, THAT SOMEONE IS MOVING FORWARD WITH A DEVELOPMENT APPLICATION.

WHAT HAPPENED WITH THE RIVERA APARTMENTS? YOU KNOW, A DEVELOPER CAME IN, A DEVELOPER FILED A DEVELOPMENT, UM, APPLICATION, BUT TENANTS PROBABLY WEREN'T AWARE THAT THERE WAS A DEVELOPMENT APPLICATION IN PLACE, THAT THE BUILDING WHERE THEY LIVE WAS BEING CONSIDERED TO BE TURNED INTO A, A HOTEL.

AND IF WE KNOW THAT, THAT THIS IS GOING TO AFFECT SOMEONE'S HOUSING, WE SHOULDN'T LET THEM KNOW THAT THEIR HOUSING IS BEING

[02:15:01]

SO THIS PROPOSAL WILL BE, UH, FOR APPLICATIONS, UH, TO BE, FOR, FOR TENANTS TO BE NOTIFIED WHEN THERE IS SUCH AN APPLICATION WHERE THEY RESIDE, SO THAT THEY HAVE AT LEAST TIME IF THEY NEED TO LOOK FOR NEW HOUSING OR CONSIDER, UH, OTHER SITUATIONS.

AND NICK, UH, TOM, I DON'T KNOW IF THERE'S ANYTHING ABOUT THIS ITEM THAT NEEDS TO BE CLARIFIED.

UH, NOT, NOT MY END, NO.

SO I THINK YOU COVERED EVERYTHING.

SO COMMISSIONER AND THE COMMISSIONER SUAREZ, I WOULD JUST BUILD ON THAT, WHICH I THINK IS, IS VERY IMPORTANT.

UM, IT'S NOT, IT WOULDN'T BE SUFFICIENT TO JUST GIVE THE BUILDING MANAGER OR THE PROPERTY OWNER THE NOTIFICATION.

IT NEEDS TO BE NOTICED TO EACH RESIDENT, EACH TENANT OF THE BUILDING.

UM, I'VE SEEN FAR TOO MANY, UM, INCIDENTS THAT ARE LESS DIRE THAN THIS, WHERE, YOU KNOW, THE PROPERTY MANAGER WAS APPRISED OF SOMETHING WHERE THE BOARD WAS APPRISED OF SOMETHING AND THE RESIDENTS DIDN'T HAVE A CLUE ABOUT IT.

SO IT NEEDS TO BE DOOR BY DOOR.

SO, SO, SO UNDER THE PROVISION OF THIS ORDINANCE THAT, THAT I'M PROPOSING, THE APPLICANT MUST SEND A NOTICE TO ALL THE CURRENT TENANTS IN THE BUILDING.

AND THE, UH, NOTICE WILL NEED TO EXPLAIN THE REQUEST, THE DATE, AND THE TIME OF THE MEETING WHERE THIS IS TAKING PLACE, UM, AND, AND OTHER INFORMATION, UM, TO, UH, TO, TO THE TENANTS OF, OF A BUILDING.

AND NOT JUST THE CURRENT TENANTS OF A BUILDING BECAUSE, BUT ALSO A NEW TENANT.

SO LET'S SAY YOU'RE IN THE MIDDLE OF YOUR DEVELOPMENT PROCESS AND YOU'RE, YOU'RE MOVING INTO AN APARTMENT, YOU SHOULD PROBABLY KNOW THAT WHERE YOU'RE MOVING INTO IS BEING CONSIDERED FOR SOME SORT OF CHANGE OF USE, UH, SO THAT, YOU KNOW, SO YOU'RE NOT MOVING IN THERE THINKING YOU'RE GONNA BE LIVING THERE FOR A LONG PERIOD OF TIME.

UM, AND SO THIS WOULD REQUIRE THAT OF ALL FOR ALL TENANTS THAT ARE CURRENTLY LIVING THERE AND FOR A FUTURE TENANT AS WELL.

COMMISSIONER SUAREZ, WOULD THIS ONLY TRIGGER IF THERE WAS A PRIVATE APPLICATION? SO FOR EXAMPLE, YOU KNOW, WE TALKED ABOUT THE APPLICATION AT, UM, ON SIXTH STREET.

WOULD, WOULD, WOULD THIS, UH, NEW INITIATIVE GONE INTO EFFECT SINCE THERE WASN'T AN APPLICA APP APPLICANT? HOWEVER, YOU KNOW, AS A SPONSOR, I, I SPONSORED A RESIDENTIAL INCENTIVE.

WOULD THAT HAVE TRIGGERED THIS, UH, NOTICE? WELL, WE DO POLICY, BUT WE DON'T DO APPLICATIONS FOR DEVELOPMENT.

AND SO NICK, PERHAPS YOU CAN PROVIDE SOME CLARITY ON THIS.

SO THIS WOULD APPLY TO APPLICATIONS TO THE LAND USE BOARD.

SO ONCE THAT SIXTH STREET PROJECT, UM, THE LAND USE BOARD APPLICATION IS FILED, IT WOULD TRIGGER THIS REQUIREMENT.

GOT IT.

ALRIGHT, THAT, ANY OTHER COMMENTS FROM THE DAYS ON THIS ITEM? SEEING NONE ON ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM.

SEEING NONE IN PERSON AND NONE ON ZOOM.

UH, THE ITEM'S BEEN MOVED BY COMMISSIONER I SUAREZ AND I'LL SECOND IT.

UM, WE CAN SHOW THIS ADOPTED BY ACCLAMATION.

ITEM NUMBER 10, MR.

[10. DISCUSS INSTALLING TRAFFIC DIVERTERS AT CONVENTION CENTER DRIVE AND DADE BOULEVARD.]

DIRECTOR.

ITEM NUMBER 10 IS A DISCUSSION, UM, IN, UH, REGARDING THE INSTALLATION OF TRAFFIC DIVERTERS AT CONVENTION CENTER DRIVE IN DADE BOULEVARD.

UM, HAVE EXPRESSED, UM, HAVE EXPRESSED THEIR CONCERN OF THIS CUT THROUGH TRAFFIC ONLY AGGRAVATING, UH, ONCE THIS HOTEL GETS, GETS BUILT.

UM, THANK YOU.

THIS ITEM I PLACED ON THE AGENDA, UH, AS A REQUE AS AS A RESULT OF YEARS AND YEARS AND YEARS OF CONVERSATIONS AND PROMISES BEING MADE TO THE BAY SHORE NEIGHBORHOOD ASSOCIATION, UH, REGARDING TRAFFIC, UH, CONVENTION CENTER RELATED TRAFFIC, UH, GOING FROM CONVENTION CENTER DRIVE INTO THE RESIDENTIAL NEIGHBORHOOD DIRECTLY TO THE NORTH OF DADE BOULEVARD, UH, KNOWN AS BAY SHORE.

WHEN, UM, WHEN THE HOTEL, WHEN THE CONVENTION CENTER WAS BEING REDEVELOPED, UM, BY, BY THE CITY AND, AND, AND THE COUNTY, UM, THERE WERE MEETINGS DONE WITH THE NEIGHBORHOOD ASSOCIATION.

THIS IS GOING BACK MANY, MANY YEARS, AND IT WAS, IT WAS A COMMITMENT MADE TO THE NEIGHBORHOOD ASSOCIATION THAT DIVERTERS WOULD BE INSTALLED AT THE INTERSECTION OF CONVENTION CENTER DRIVE AND DADE BOULEVARD ON THE SOUTH SIDE OF DADE BOULEVARD, UH, TO KEEP TRAFFIC FROM DRIVING STRAIGHT INTO, UH, THE BAY SHORE NEIGHBORHOOD.

UM, ALL THESE YEARS LATER, UM, THE, THE, UH, CONVENTION CENTER IS UP AND RUNNING, AND CLEARLY THE BAY SHORE NEIGHBORHOOD IS VERY CONCERNED, UH, BY THE TRAFFIC IMPACTS OF NOT HAVING THIS DIVERTER THERE.

AND THE, AND THE ASSOCIATION IS FURTHER CONCERNED, UH, GIVEN THE, UH, CONVERSATIONS, UH, WITH THE, UH, CONVENTION CENTER HOTEL THAT'S GOING TO BE COMING IN.

AND SO THEY REALLY,

[02:20:01]

I PERSONALLY RECALL THOSE CONVERSATIONS, UH, WITH, UH, BAY SHORE NEIGHBORHOOD, MANY FEELS LIKE AT LEAST A DECADE AGO, BUT IT WAS STILL ON THE BOARD IN THE BAY SHORE NEIGHBORHOOD.

YOU WERE COMMISSIONER, BUT YOU WERE STILL ON THE BOARD OF THE BAY SHORE NEIGHBORHOOD.

AND I WAS A RESIDENT.

UH, I WAS YOUR CONSTITUENT AT THE TIME, I GUESS AS IT SHOULD BE, .

AND, UM, AND, AND SO AND SO, AND SO HERE WE ARE, UH, ALL THESE YEARS LATER.

UH, THIS, THIS HAS NOT BEEN DELIVERED TO THESE RESIDENTS.

IT IS A CONCERN WE'RE ALL FOR, UH, THE ECONOMIC ENGINE AND SUPPORTING THE CONVENTION CENTER IN ANY WAY THAT WE CAN, AT LEAST I AM.

UH, I I WANT TO SEE THE CONVENTION CENTER PROSPER, BUT THE REALITY IS THAT RIGHT ACROSS THE STREET, WE HAVE A SINGLE FAMILY NEIGHBORHOOD, AND WE, AND WE HAVE A RESPONSIBILITY TO PROTECT THE CHARACTER OF THE SINGLE FAMILY NEIGHBORHOODS IN OUR CITY.

AND PROTECTING CHARACTER DOESN'T ONLY COME IN THE FORM OF STRUCTURES DOESN'T ONLY COME IN THE FORM OF VEGETATION, BUT IT ALSO COMES IN THE FORM OF PROTECTING NEIGHBORHOODS FROM NON-RESIDENTIAL TRAFFIC THAT'S CUT THROUGH TRAFFIC THAT GETS ESPECIALLY EXASPERATED WHENEVER, UH, THIS ASSET IS, IS FULLY ACTIVATED.

AND SO I LIKE FOR US TO MAKE A MOTION, UH, TO CONSIDER MOVING FORWARD, UH, WITH THE INSTALLATION OF THE TRAFFIC DIVERTER AT CONVENTION CENTER DRIVE AND DADE BOULEVARD.

UH, COMMISSIONER BOD, UM, YOU'RE WELCOME TO CHIME IN ON THIS IS PERHAPS YOU WERE ON, YOU MENTIONED YOU WERE ON THE BOARD, UH, THE HOMEOWNERS ASSOCIATION AT THE TIME.

I DON'T KNOW IF THERE'S ANYTHING THAT YOU RECALL FROM THAT TIME AS TO THESE COMMITMENTS THAT WERE MADE.

I'M JUST VERY CONCERNED ON BEHALF OF THOSE RESIDENTS THAT ALL THESE YEARS LATER, AND THIS HAS NOT BEEN DELIVERED, THE CONVENTION CENTER WAS BUILT, $600 MILLION INVESTED THERE.

UM, YOU KNOW, A HOTEL IS GONNA BE BUILT HOPEFULLY VERY SOON.

AND STILL THE RESIDENTS OF BAY SHORE DON'T HAVE, UH, THEIR DIVERTER.

YEAH, I MEAN, I, I'LL JUST ADD TO THAT.

UM, YOU KNOW, THE, WE ARE EXCITED ABOUT THE FACT THAT WE HAVE ADOBE WHO BOUGHT OUT THE ENTIRE FACILITY, RIGHT? LIKE WE, OUR PLAN IS TO HAVE MORE OF THOSE TYPES OF CONVENTIONS AND ESPECIALLY ONCE A HOTEL IS BUILT, BE ABLE TO, TO WELCOME LARGER, BIGGER, MORE, UM, CONVENTIONS COMING HERE.

AND THEN LET'S NOT FORGET WE HAD THE BAYSHORE PARK COMING ONLINE.

UM, SO WE'RE GONNA HAVE EVEN MORE PEOPLE SORT OF MANDERING AROUND IN THAT NEIGHBORHOOD.

AND CLEARLY PEOPLE SHOULD LOOK BEFORE THEY CROSS THE STREET AND THEY SHOULD RIDE THEIR BIKES RESPONSIBLY, ALL THAT STUFF.

BUT IF YOU'RE A CONVENTIONEER AND YOU'RE LOST AND YOU'RE ON YOUR GPS AND YOU'RE NOT PAYING ATTENTION, YOU KNOW THAT THAT'S NOT WHERE YOU SHOULD BE.

YOU SHOULD NOT BE THROUGH THAT NEIGHBORHOOD.

YOU SHOULD BE GOING PERIMETER, GOING AROUND IT.

UM, THERE ARE PLENTY OF MAIN THOROUGHFARES TO GET OFF THE ISLAND GOING AROUND BAY SHORE.

IT SHOULD NOT BE.

UM, YOU KNOW, THERE, THERE ARE BLOCKS OF BAY SHORE WHERE YOU DON'T EVEN HAVE REALLY GREAT SIDEWALKS TO WALK ON.

SO, UM, LET'S GET IT DONE BEFORE THE HOTEL GOES UP.

AND LET'S, THAT'S THE CHALLENGE.

AND, AND LET'S, AND LET'S NOT FORGET THAT WHEN YOU GO STRAIGHT, UH, ON, UM, WHEN YOU GO STRAIGHT NORTH INTO PRAIRIE AVENUE, WHEN YOU CROSS DADE BOULEVARD, WE HAVE A SCHOOL THERE.

WE HAVE CHILDREN WHO ARE WALKING, WALKING TO SCHOOL, WALKING OUT OF SCHOOL, BICYCLING TO SCHOOL.

THAT IS NOT WHERE I WANT INDIVIDUALS WHO DO NOT KNOW THE AREA, INDIVIDUALS WHO ARE CUTTING THROUGH INDIVIDUALS WHO ARE RUSHING TO GET TO, UH, TO 1 95, THAT, YOU KNOW, WE NEED TO DO EVERYTHING THAT WE CAN TO PROTECT THE CHILDREN, UH, WHO ARE WALKING TO SCHOOL OR WALKING BACK HOME FROM, FROM SCHOOL.

AND, AND THIS WAS LONG OVERDUE.

IT'S BEEN LONG PROMISE, LONG OVERDUE AND TIME FOR US TO DELIVER ON THE PROMISES THAT WE MADE TO OUR RESIDENTS.

THIS IS, WHATEVER HAPPENS IN CITY CENTER SHOULD NOT BE AFFECTING RESIDENTIAL NEIGHBORHOODS.

AND BY THE WAY, WE'RE ALREADY DOING IT, FOR EXAMPLE, IN PALM VIEW.

PALM VIEW, WE ALREADY PUT DIVERTERS IN, IN PALM VIEW.

AND SO WE NEED TO BE FORWARD LOOKING, UH, WITH THIS.

I SEE WE HAVE JOSE GONZALEZ, OUR TRANSPORTATION DIRECTOR AT THE PODIUM.

JOSE, IS THERE ANYTHING YOU NEED TO ADD TO THIS? UH, NO.

MR. UH, CHAIRMAN, MR. VICE MAYOR, JUST A, I THINK, UH, RECOMMENDATION FROM THIS BODY SO THAT WE CAN MOVE FORWARD WITH THE ANALYSIS THAT'S REQUIRED TO DO SOME SORT OF A DIVERTER.

WE ACTUALLY, AS PART OF THIS, BUT WHEN WE HEAR ANALYSIS MM-HMM.

, THERE'S A FORMER MAYOR THAT USED TO SAY PARA UH, PARALYSIS BY ANALYSIS.

UM, AND SO WHEN I HEAR ANALYSIS, I HEAR, I HEAR SOMETHING NOT MOVING FORWARD.

BE REQUIRED FOR REQUIRED BY WHOM? FOR A VARIETY OF REASONS.

WHAT ANALYSIS IS NECESSARY AND WHY? SO THERE'S AN ENGINEERING ANALYSIS THAT WOULD

[02:25:01]

BY WHOM? REQUIRED BY MIAMI-DADE COUNTY.

IF WE ARE GOING TO BE MODIFYING THAT INTERSECTION IN ANY WAY, RESTRICTING MOVEMENTS IN ANY WAY, WHICH IS WHAT A TRAFFIC DIVERTER DOES BY, YOU KNOW, BY DEFINITION, THEN THAT WOULD REQUIRE COUNTY REVIEW AND APPROVAL.

WE WOULD NEED TO DEVELOP THE DRAWINGS FOR THE COUNTY TO REVIEW THEM AND APPROVE A AND, AND WE'RE PRESUMING THAT WHAT THIS BODY'S LOOKING FOR IS A PERMANENT DIVERTER.

LIKE SOMETHING THERE YES.

THAT IS, THAT IS WHAT WAS FIVE DAYS A YEAR.

THAT WAS A COMMITMENT THAT WAS DONE TO THAT NEIGHBORHOOD YEARS AND YEARS AND YEARS AGO.

WHEN, WHEN, WHEN, WHEN THE ELECTED OFFICIALS WENT OUT AND EVEN, AND, AND IT WAS BROUGHT UP AGAIN BY THE WAY, IT WAS BROUGHT UP AGAIN WHEN THE WHOLE CONVERSATION OF THE CONVENTION CENTER HOTEL, THAT WAS THE LAST TIME IT WAS BROUGHT UP, THE LAST TIME THAT THE CONVENTION CENTER HOTEL WAS BROUGHT UP.

THE ELECTED OFFICIALS AT THE TIME WENT OUT TO THAT NEIGHBORHOOD.

MAN, I WAS, AGAIN, SITTING IN THAT AUDIENCE AND IT WAS PROMISED TO THAT NEIGHBORHOOD THAT THERE WAS GOING TO BE A TRAFFIC DIVERTER THERE.

AND SO AND SO, YEAH.

UH, THAT WAS THE PROMISE THAT WAS MADE.

AND THOSE ARE THE PROMISES WE HAVE TO KEEP THE SAME WAY WE DELIVER ON THE PROMISES OF A CONVENTION CENTER THE SAME WAY WE'RE DELIVERING ON THE PROMISE OF A CONVENTION CENTER HOTEL.

AND YOU SEE HOW WE ALL FEEL ABOUT HOTELS, BUT WE'RE KEEPING ON THOSE PROMISES.

WE ALSO NEED TO KEEP THE PROMISES TO OUR RESIDENTS, MR. VICE MAYOR.

WE'RE COMMITTED TO, UH, FURTHERING SOME OF THE CONCEPTS THAT WE'VE INCLUDED AS PART OF THIS ITEM.

THERE ARE ABOUT THREE, TWO TO THREE DIFFERENT OPTIONS, UH, DIFFERENT CONFIGURATIONS THAT COULD POTENTIALLY WORK AT THAT INTERSECTION.

WE'RE COMMITTED TO MOVING FORWARD WITH THOSE.

BUT IT WILL REQUIRE SOME LEVEL OF ENGINEERING TO, AND ULTIMATELY, IF IT'S GOING TO BE A PROJECT TO BE BUILT, IT WILL REQUIRE, YOU KNOW, FINAL DRAWINGS, ENGINEERING PLANS AND WHATNOT.

BUT AT LEAST WE'RE COMMITTED TO TAKE IT TO THE NEXT LEVEL.

BUT IT WILL REQUIRE, UH, SOME ANALYSIS IN TERMS OF WHAT SHOULD THE DIVERTER LOOK LIKE? DOES IT FIT? IS IT FEASIBLE? WHAT TURNS ARE WE GOING TO BE ALLOWING? WHAT TURNS ARE WE GONNA BE RE RESTRICTING? CLEARLY WE WANNA RESTRICT THE NORTH AND SOUTH BOUND MOVEMENTS SO THAT THERE ISN'T DIRECT, UH, YOU KNOW, UH, INFLUX OF VEHICLES COMING OUT OF THE CONVENTION CENTER AND INTO THE NEIGHBORHOOD.

BUT THEN WE'VE GOT, YOU KNOW, LEFT TURN LANES THAT WE'VE GOT ALSO TAKE INTO CONSIDERATION, PERHAPS WE DON'T WANNA AFFECT LEFT TURN LANE COMING OUT OF THE CONVENTION CENTER OR OUT OF THE CENTRAL BAY SHORE NEIGHBORHOOD.

SO FITTING THIS, UH, DIVERTER IS, IS EXTREMELY IMPORTANT IN, IN ORDER TO BE ABLE TO, UH, MOVE IT FORWARD TO FRUITION.

SO, UH, COMMISSIONER BA, YOU'RE RECOGNIZED AGAIN, MOUTHFUL.

SORRY.

NO WORRIES.

MR. ATTORNEY.

UM, WOULD YOU PUT ME MOUTHFUL TO YOU TOO? , WOULD YOU MIND ADDING ME WITH THE PERMISSION OF THE SPONSOR AS A CO-SPONSOR? OF COURSE.

AND YOU CAN JOIN ME AS A PRIME.

OH YEAH.

YOU WERE C COMMISSIONER, BAD.

YOU WERE A LONGTIME, UH, RESIDENT OF THE BAYSHORE NEIGHBORHOOD AND YOU SERVED ON ITS BOARD AND, UH, AND I, I KNOW HOW MUCH YOU CARE ABOUT THAT NEIGHBORHOOD.

SO I'D BE HAPPY TO JOIN, HAVE YOU JOIN ME AS A PRIME.

UH, WITH THAT, UH, WOULD YOU MOVE THE ITEM? NO.

SO MOVED.

UH, THE ITEM'S BEEN MOVED.

IT'S BEEN SECOND BY.

CAN WE SHOW THIS ADOPTED BY ACCLAMATION? YES.

AND COMMISSIONER ASEZ WANTED TO BE RECORDED AS A YES.

OH, GREAT.

UM, AND, AND BY THE WAY, UH, AS YOU ALL DO YOUR ANALYSIS, I'M, I'M JUST WONDERING WHAT IS IT THAT WE PRIORITIZE LAST IN OUR TRANSPORTATION MASTER PLAN, MR. DIRECTOR CURRENTLY? VEHICLES.

VEHICLES.

AND WHAT IS IT THAT WE PRIORITIZE FIRST ABOVE ALL ELSE? PEDESTRIANS.

I HOPE THAT'S TAKEN INTO ACCOUNT IN THIS, UH, IN THIS ANALYSIS.

THAT'S DONE.

THANK YOU SO MUCH.

UM, I, YES, COMMISSIONER JOSE, WHERE DO UNICYCLES WELL, WHERE DO UNICYCLES THOSE ARE IN THE OTHER CATEGORIES.

UM, MR. DIRECTOR, LET'S CALL UP

[12. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO EXPLORE FEASIBLE STRATEGIES FOR CREATING AND EXPANDING "GREEN ROOFS", AS WELL AS INCORPORATING GREENERY AND LANDSCAPING ON CITY BUILDINGS, AND PRESENT ITS FINDINGS TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE WITHIN 90 DAYS OF THE ADOPTION OF THIS RESOLUTION.]

ITEM NUMBER 12.

AND AGAIN, FOR THE RECORD, ITEM NUMBER 11, UH, WAS DEFERRED.

SO LET'S CALL ITEM NUMBER 12.

ITEM NUMBER 12 IS A RESOLUTION OF THE MAYOR AND CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO EXPLORE FEASIBLE STRATEGIES FOR CREATING AND EXPANDING GREEN ROOFS, AS WELL AS INCORPORATING GREENERY AND LANDSCAPING ON CITY BUILDINGS AND PRESENT ITS FINDINGS TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE WITHIN 90 DAYS OF THE ADOPTION OF THE RESOLUTION.

I SEE WE HAVE LIZ, UH, AT THE PODIUM.

THIS ITEM IS SPONSORED BY, UH, COMMISSIONER MAGAZINE, CO-SPONSORED, UM, BY COMMISSIONER SUAREZ.

UM, AND

[02:30:01]

UM, BUT COMMISSIONER SUAREZ IS WALKED INTO THE ROOM, UH, WHERE YOU ARE IN ITEM NUMBER 12 RELATING TO GREEN ROOFS, WHICH YOU ARE CO-SPONSORING WITH COMMISSIONER MAGAZINE.

I'M NOT SURE IF YOU WANT TO SPEAK ON THIS ITEM OR YOU WANNA DEFER TO STAFF.

I'LL LET, UM, I'LL LET ELIZABETH SPEAK ONTO THEM.

GOOD AFTERNOON ALL.

UM, ELIZABETH MIRO, INTERIM DIRECTOR FOR FACILITIES AND FLEET.

FOR THE RECORD, UH, WE FIRST PRESENTED THIS ITEM OF THE JULY 9TH LAND USE AND SUSTAINABILITY COMMITTEE MEETING.

AND WE WERE, UM, ASKED TO RESEARCH THREE MAIN POINTS.

ONE, WHICH IS THE ALL IN COST FOR GREEN ROOFS.

UH, SECONDLY, WE'RE ALSO ASKED TO SEE IF GREEN ROOFS ACTUALLY EXTENDED THE LIFE OF ROOFING SYSTEMS AND WHAT THAT WILL LOOK LIKE.

SO WE DID A LITTLE RESEARCH.

UM, THE ALL IN COSTS RIGHT NOW STILL STANDS AT ABOUT $120 A SQUARE FOOT.

AND, UM, IN TERMS OF EXTENDING THE LIFE OF ROOFING SYSTEM, IT DOES ALLOW FOR THAT.

SO, BUT THERE ARE OTHER AREAS IN THE PERIPHERY THAT ARE STILL EXPOSED TO THE SUN AND THEY MAY HAVE SOME WEAR AND TEAR, BUT OVERALL WITH A GOOD MAINTENANCE SYSTEM THAT WILL, UM, PROVIDE AN EXTENSION OF LIFE TO THE ROOFING MEMBRANE.

UM, SO WHAT WE'RE PROPOSING IS A PILOT PROGRAM IF WE WANT TO DO SOMETHING LIKE A ROOFING SYSTEM, A GREEN ROOFING SYSTEM, I'M SORRY.

AND WE'RE LOOKING AT THE ROOF AT 1833, UH, BAY ROAD, WHICH IS A FACILITIES MANAGEMENT BUILDING.

IT HAS A FLAT ROOF, IT'S GOT A PERFECT, UM, SETTING.

IT'S ABOUT 6,000 SQUARE FEET.

THAT PILOT PROGRAM, IF WE GO FORWARD WITH IT, WOULD BE SOMETHING LIKE 720,000, UM, DOLLARS PLUS $36,000 FOR MAINTENANCE, WHICH WILL PROVIDE AT LEAST A 20 YEAR WARRANTY IF WE WANT TO GO FORWARD WITH A ROOFING SYSTEM LIKE THIS AS A PILOT PROGRAM.

UM, WE'RE PROPOSING THAT THIS BE FUNDED THROUGH THE BUDGET PROCESS AS, UM, FISCAL YEAR 26.

SO THIS WOULD NOT BE A MIDYEAR, UM, A MIDYEAR, UH, ITEM? CORRECT.

UH, I SEE WE HAVE COMMISSIONER MAGAZINE TO SPONSOR THE ITEM, UH, PRESENT VIA ZOOM COMMISSIONER MAGAZINE.

YOU ARE, UH, RECOGNIZED TO SPEAK ON YOUR ITEM.

I APPRECIATE IT.

AND, UH, THANK YOU FOR THE SPIRITED DISCUSSION ALL THROUGHOUT THE DAY.

UH, I GUESS I JUST HAVE ONE QUESTION FOR, UH, LIZ, OUR PRESENTER HERE, UH, OBVIOUSLY IT WAS A, IT WAS A LARGER THAN EXPECTED NUMBER THAT WAS, UM, GIVEN, AND WE DISCUSSED THIS AT F AND ALMOST IN A WAY WOULD BE SOMEWHAT COST PROHIBITIVE OUTSIDE OF, YOU KNOW, UH, A ONE-OFF HERE OR THERE ACROSS THE CITY.

NOW IS THAT ESSENTIALLY THAT COST IF WE WANTED TO GO OUT AND JUST REPLACE A ROOF RIGHT AWAY, AND I GUESS WHERE I'M GOING WITH THIS IS, UM, IF A ROOF HAD TO BE REPLACED ON A CITY BUILDING, WHAT WOULD THAT COST BE COMPARED TO THIS HERE? BECAUSE OF COURSE, IF WE JUST WANTED TO GO OUT AND, AND DO THIS RIGHT AWAY, BUT PERHAPS, UH, WE LESSEN THE COST WHERE IF WE SAY, WELL, WHEN IT COMES TIME TO REPLACE A ROOF, WE DO SO THROUGH A GREEN ROOF.

UM, AND LET ME JUST, UH, USE AN EXAMPLE OF THAT.

IF, UH, INSTALLING A GREEN ROOF ON THE SELECTED FACILITY WOULD BE $720,000 SEEMS VERY EYE POPPING.

BUT IF A NORMAL ROOF, UH, WOULD BE 400,000 OR $500,000, THEN REALLY WHAT WE'D BE LOOKING AT IS JUST WHAT THAT VARIANCE IS BETWEEN A GREEN ROOF AND A NORMAL ROOF REPLACEMENT.

UH, HOPEFULLY THAT MAKES SENSE.

UH, 'CAUSE I, I'LL JUST KIND OF KICK IT BACK TO THE CHAIR AND TO LIZ TO, UH, STEER THIS DISCUSSION FURTHER.

BUT THANK YOU FOR LETTING ME SPEAK AND, UH, APPRECIATE THE TIME ON THIS ITEM.

LIZ, YOU'RE WELCOME TO RESPOND TO THE SPONSOR.

IT WAS APPROXIMATELY $488,000.

ABSOLUTELY.

SO THE DIFFERENCE BETWEEN ONE AND THE OTHER.

SO A REGULAR ROOFING SYSTEM, WE JUST REPLACED THE ONE AT 1755, AND THAT'S 170,000 SQUARE FEET.

THAT'S ABOUT $30 PER SQUARE FOOT IF WE'RE GONNA DO A ROOFING SYSTEM THAT IS GREEN ROOFING SYSTEM'S, ABOUT $90 MORE, THAT'S $120 IS SQUARE FEE.

SORRY.

UM, SO THAT'S WHERE THE DIFFERENCE IS.

THAT'S WHERE THE DELTA IS.

COMMISSIONER BON, SO I I LOVE THIS.

I, YOU KNOW, WE SEE PICTURES OF BOGOTA AND OTHER CITIES AROUND THE WORLD, UM, SOME OF WHICH ARE NOT PARTICULARLY WEALTHY CITIES WHERE THIS IS INCORPORATED INTO THEIR URBAN PLANNING.

AND IT IS SO GOOD FOR SO MANY DIFFERENT REASONS.

UM, I LOVE THE IDEA OF DOING A PILOT.

I WOULD BE REALLY PSYCHED TO JOIN AS A CO-SPONSOR IF, IF I WOULD BE, UM, UH, PERMITTED TO DO SO.

I WOULD JUST SUGGEST THAT PERHAPS UNLESS THE FACILITY THAT YOU HAVE DISCUSSED, UM, IS IN NEED OF A NEW ROOF, UM, MAYBE ANOTHER SITE TO CONSIDER COULD BE THE FIRE STATION, UH, AS IT'S GETTING BUILT, UM, BECAUSE THAT COULD BE PLANNED INTO THE COST.

STATION, BECAUSE THIS ONE YOU COULD GET DONE SOONER RATHER THAN LATER.

UM, OR MAYBE WE DO THIS FIRST AND THE NEXT ONE IS THE FIRE

[02:35:01]

I, YOU KNOW, WE'LL FIGURE THAT ONE OUT.

BUT, UM, AND ALSO IT WOULD MAKE SENSE WITH FIRE STATION BEING THE WESTERN MOST EDGE OF ALL OF, UH, FLAMINGO PARK, IT'D BE A BEAUTIFUL CONTINUATION OF THE PARK ELEVATED INTO THE SKY.

BUT, UM, I DON'T WANT TO DERAIL THIS IN ANY WAY.

I WOULD JUST LIKE TO ADD THAT TO IT AS PART OF THE CONSIDERATION SET.

COMMISSIONER DOMINGUEZ, THANK YOU.

I THINK I HAD SOMETHING SIMILAR TO THIS, UM, LAST YEAR.

AND, UM, I THINK IT'S A GREAT IDEA AND I ABSOLUTELY WOULD BE SUPPORTIVE.

COMMISSIONER SUAREZ, THIS IS SORT OF ON A DIFFERENT NOTE, AND I WOULD LOVE TO SEE WHAT MY COLLEAGUES SAY ABOUT THIS, BUT, YOU KNOW, WHEN THESE BUILDINGS DO GET BUILT, ASIDE FROM THE GREEN LIVING ROOF, UM, HOW WOULD MY COLLEAGUES FEEL ABOUT, UM, PERHAPS A REQUIREMENT THAT ROOFS, IT'S NOT JUST SOME UGLY TAR, YOU'D HAVE TO PUT LIKE, AT LEAST A TURF, LIKE A FAKE TURF GREEN, UM, SO THAT IF YOU'RE A NEIGHBOR AND YOU LOOK DOWN, YOU DON'T SEE A, UM, YOU KNOW, LIKE WATER SPILLAGE OR, OR, OR WATER POOLING.

UM, I THINK ABOVE THE, THE ON THE ROOF OF THE COMMUNITY CENTER, UM, THERE'S ACTUALLY LIKE PLANTS GROWING ON TOP OF THE ROOF, UH, AND IT'S LIKE UNSIGHTLY.

UM, HOW DO YOU GUYS WOULD FEEL ABOUT THAT? THIS IS A LITTLE SEPARATE AND APART FROM THIS, BUT, UM, I MEAN, YOU HAVE JUST A REGULAR ROOF WITH TAR LAID DOWN AND, AND SHEETS OF, UM, OF ROOFING.

IT'S JUST, IT'S KIND OF UGLY.

AND, AND I DON'T DISAGREE, ESPECIALLY, YOU KNOW, IN AREAS WHERE YOU HAVE VERTICAL LOOKING DOWN ON, ON, UH, SMALLER SCALE BUILDINGS.

UM, WHAT I'D SUGGEST IS PERHAPS MAKING IT A LITTLE BIT OPEN-ENDED, UM, YOU KNOW, REQUIRING SOME SORT OF FINISH OTHER THAN TAR, UM, A MURAL OR SOMETHING.

A MURAL IN SOME PLACES TO DO THAT.

I THINK AT ONE POINT WE WERE CONTEMPLATING THE CITY WAS CONTEMPLATING A MURAL FOR THE TOP OF THE CONVENTIONS AT THE GARAGE, BUT THAT WAS UNDER SOME OTHER ITERATION.

UM, I THINK I'M ALL FOR IT.

I, THERE'S, AND THERE'S ALSO, YOU KNOW, FINISHES, PAINTS THAT YOU COULD USE TO BE MORE REFLECTIVE OF LIGHT, UH, AND MAKE THE BUILDING EVEN MORE SUSTAINABLE.

BUT AT THE VERY LEAST, AS YOU MENTIONED, COMMISSIONER, UM, AESTHETICALLY, UH, FOR, FOR THE PEOPLE WHO HAVE TO LOOK DOWN ON IT, I, I WOULDN'T OPPOSE THAT.

UH, I JUST WANT TO MAKE A, MAINTAIN A LEVEL OF FLEXIBILITY WHERE WE DO NOT ADD COST.

UM, SOMETIMES, YOU KNOW, NOT EVERYONE IS ABLE TO DO A GREEN ROOF.

SOMETIMES PEOPLE ARE NOT ABLE TO ADD ALL THE BELLS AND WHISTLES AS A MATTER OF COST, AND I JUST DON'T WANT TO, DON'T WANT TO MAKE IT HARDER FOR PEOPLE TO FIX THEIR ROOFS.

A LOT OF TIMES PEOPLE FIX THEIR ROOFS AT MOMENTS OF EMERGENCY, AND, YOU KNOW, A LOT OF TIMES FOR THEM IT'S A CAUSE THAT WAS UNEXPECTED THAT THEY DIDN'T PLAN FOR.

AND SO I LIKE TO BE MINDFUL OF THAT, BUT I DO LIKE THE IDEA, I THINK WE SHOULD BE ENCOURAGING IT.

AND SO MAYBE IF YOU WORK ON AN ITEM, YOU KNOW, ON A WAY TO EXPLORE, I'LL JUST BE MINDFUL OF THOSE THOUGHTS.

LIZ, JUST, JUST TO MAKE ONE NOTE, THE CITY DID PASS IN 2019, THE URBAN HEAT ISLAND EFFECT ORDINANCE, WHICH BASICALLY REQUIRES THAT ANY OF THE NEW CONSTRUCTION HAVE, YOU KNOW, UM, BASICALLY ROOFING SYSTEMS THAT ARE HIGH AL BEETLE SERVICES, YOU KNOW, THEY'RE REFLECTIVE.

THESE COULD BE GREEN ROOFS, THESE COULD BE WHITE ROOFS AND BLUE ROOFS AND SOLAR ROOFS.

SO THERE ARE OPTIONS OUT THERE.

UH, STAFF, WHAT DO YOU NEED FROM US, UH, WITH THIS ITEM? IF YOU WANNA SUPPORT A PILOT PROGRAM? WE'RE GONNA HEAR THIS ALL AGAIN IN FINANCE.

SO, SO, SO THIS WOULD BE TO SUPPORT, UM, UH, THE PILOT PROGRAM AS PART OF THE 2026 CORRECT.

SO THAT IT CAN BE INCORPORATED INTO THE, INTO THE BUDGETING PROCESS, BUDGET PROCESS.

I'M, I'M FINE SUPPORTING THAT.

UH, IF SOMEONE IS WILLING TO MAKE A MOTION, I'LL MAKE MOTION.

ONE SECOND.

AND BY, LET'S SHOW THAT, UH, ADOPTED BY ACCLIMATION.

DAVID, ARE YOU OKAY IF I GO IN? OF COURSE.

IT'S NOT MY MAGAZINE.

AND, UH, MR. CHAIR WITH THAT, UH, RECOMMENDATION SUPPORTING THE PILOT, UM, THE ITEM WILL BE CONCLUDED.

CONCLUDED HERE IN THIS COMMITTEE.

UM, ALL RIGHT.

UM, MR. DIRECTOR, LET'S CALL UP ITEM NUMBER 13.

EXPLORE ZONING INCENTIVES AND IDENTIFY APPROPRIATE ZONING DISTRICTS TO ENCOURAGE THE DEVELOPMENT OF SCHOOLS AND OTHER EDUCATIONAL FACILITIES.

ITEM NUMBER 13 IS

[13. EXPLORE ZONING INCENTIVES AND IDENTIFY APPROPRIATE ZONING DISTRICTS TO ENCOURAGE THE DEVELOPMENT OF SCHOOLS AND OTHER EDUCATIONAL FACILITIES.]

THIS IS AN ITEM THAT COMMISSIONER SUAREZ AND I HAVE SPONSORED TOGETHER, UH, TO FIND WAYS TO ENCOURAGE THE DEVELOPMENT OF, UM, OF SCHOOLS IN OUR

[02:40:01]

CITY.

AND NOT ONLY TO ENCOURAGE THE DEVELOPMENT OF SCHOOLS IN, IN OUR CITY, UH, BUT ALSO TO REMOVE SOME OF THE RED TAPE, UH, THAT SCHOOLS OFTENTIMES ENCOUNTER.

AND SO I'D LIKE TO RECOGNIZE COMMISSIONER SUAREZ TO WALK US THROUGH THE ITEM AND ALSO ALLOW STAFF TO, TO WALK US THROUGH SOME OF THE RECOMMENDATIONS.

I THINK IT, THE, THE, THE MESSAGE IS CLEAR.

YOU KNOW, A LOT OF PEOPLE WANT TO MOVE TO SOUTH FLORIDA, BUT WE, BUT WE WE'RE NOT BUILDING ANY MORE SCHOOLS TO ACCOMMODATE, UM, THE, THE PEOPLE MOVING TO, TO FLORIDA, AND PARTICULARLY SOUTH FLORIDA.

THERE IS A LOT OF RED TAPE WHEN IT COMES TO BUILDING A SCHOOL IN MIAMI BEACH.

VERY LARGE SETBACKS AND, UM, FAR CONSTRAINTS.

AND SO I BELIEVE WE HAD A SUNSHINE MEETING TO DISCUSS, UM, WHAT POSSIBILITIES WE CAN DO TO INCENTIVIZE AND ENCOURAGE MORE SCHOOLS TO BE BUILT, UH, IN MIAMI BEACH.

UH, AND TOM, IF, IF YOU HAVE A, UH, A FEW NOTES TO SHARE WITH US, I'D, THAT'D BE GREAT.

UH, WE CAME UP WITH SOME POTENTIAL LAND USE AND ZONING INCENTIVES FOR NEW SCHOOLS AND EDUCATION USES.

UM, THE FIRST WOULD BE A STREAMLINED REVIEW OF THE BUILDING PERMIT PROCESS.

THE SECOND WOULD BE A REDUCTION IN CITY APPLICATION AND IMPACT FEES.

THE THIRD WOULD BE MODIFYING MINIMUM OFF STREET PARKING REQUIREMENTS, UH, TO BETTER REFLECT THE OPERATION AND PROGRAM OF THE SCHOOL OR EDUCATION USE.

UH, NUMBER FOUR WOULD BE ALLOWING THE DESIGN REVIEW BOARD.

HISTORIC PRESERVATION BOARD IS APPLICABLE, WHO HAS TO APPROVE ANY NEW SCHOOL TO GRANT LIMITED WAIVERS FOR BUILDING HEIGHT SETBACKS, AND MINIMUM OPEN SPACE REQUIREMENTS SO THAT THE UNIQUE ATTRIBUTES OF A SCHOOL CAN BE BETTER TAKEN INTO ACCOUNT WITHOUT HAVING TO APPLY FOR VARIANCES.

REDUCING FEES FOR THE CONVERSION OF ON STREET PARKING SPACES TO LOADING AND DROP OFF AREAS DURING SPECIFIED TIMES OF THE DAY.

CURRENTLY, IN ORDER FOR SCHOOLS TO UTILIZE ON STREET PARKING SPACES FOR DROP OFF IN PICKUP, THERE'S A FEE THAT IS REQUIRED TO RENT THOSE.

UH, IN ADDITION TO THESE LAND USE PERMITTING AND ZONING INCENTIVES, OTHER INCENTIVES THAT COULD BE EXPLORED INCLUDE DISCOUNTED EMPLOYEE PARKING AND FREE STUDENT PARKING AND CITY LOTS AND GARAGES.

UM, THE USE OF CITY RECREATION AND FIELD SPACE, INCLUDING AN OPPORTUNITY TO PROVIDE FOR FREE OR HEAVILY DISCOUNTED ACCESS TO CITY PARK FACILITIES.

UM, I THINK, SO WAS THERE ANY, WHAT WAS THE SETBACK? UM, THAT WE DO ANY SETBACK REQUIREMENTS.

BASICALLY IT WOULD ALLOW THE DRB OR HPB TO WAIVE SETBACK REQUIREMENTS.

UM, WHAT WE'VE NOTICED IS THAT SCHOOLS SOMETIMES HAVE DIFFICULTY MEETING ONE OR MORE SETBACK REQUIREMENTS, AND RATHER THAN FORCING THEM TO REQUEST A VARIANCE, WHICH IS CUMBERSOME, AND YOU HAVE TO SHOW A HARDSHIP AND IS SUBJECT TO APPEAL THE DRB OR HPB COULD, UM, ON A CASE BY CASE BASIS, GRANT, A WAIVER OF THOSE.

SEE, MY, MY ONLY ISSUE IS THAT, YOU KNOW, THE, THE SCHOOL THAT'S BEING BUILT IN SOUTH OF FIFTH BASE CAMP, UM, JOHN MARSHALL, WHO WAS THE OWNER, HE SPENT MILLIONS OF DOLLARS IN CHANGE FEES BECAUSE OF THE HPB, UM, UH, SIGHT LINES.

I THINK EYEBROWS, I MEAN, I THINK YOU WERE, YOU'RE FAMILIAR.

I MEAN, HE, HE REALLY GOT PUT THROUGH THE RINGER.

UM, AND I THINK THE, THE ESSENCE OF WHY WE BROUGHT THIS FORWARD IS TO SORT OF REMOVE THAT, THAT THOSE LIMITATIONS.

UM, YOU KNOW, CONSIDERING THAT IT WAS, HE WENT THROUGH ONE OF THE MOST CHALLENGING PROCESSES I'VE EVER HEARD OR SEEN TO BUILD A SCHOOL.

I DON'T THINK THIS GOES ENOUGH.

I THINK, YOU KNOW, PERHAPS YOU CAN COME BACK WITH SOMETHING A LITTLE BIT MORE, LESS CUMBERSOME FOR, UH, A SCHOOL APPLICANT.

UM, THAT DOESN'T NECESSARILY HAVE TO GO, UM, BETWEEN A A, A REVIEW THAT'S, THAT'S REALLY SUBJECTIVE.

I DON'T KNOW HOW MY COLLEAGUES FEEL ABOUT THAT.

UM, BUT I, I, I MEAN, YOU KNOW, FROM HEARING WHAT MR. MARSHALL SAID, AND, AND LOOK, HE BUILT THIS SCHOOL, I DUNNO IF YOU REMEMBER, HE, HE ALSO BOUGHT THE HOSTEL THAT WAS SOUTH OF FIFTH MM-HMM.

, HE ONLY BOUGHT IT JUST SO THAT HIS SCHOOL WASN'T NEXT TO A HOSTEL.

AND THE HOOPS THAT HE HAD TO GO THROUGH TO, YOU KNOW, BRING IT IN, UH, WAS, WAS, WAS REALLY A TRAVESTY AS FAR AS THE PROCESS HERE IN MIAMI BEACH.

AND, YOU KNOW, I, I THINK WHATEVER ROADBLOCKS THAT WE CAN REMOVE FOR SOMETHING AS SIMPLE AS A SCHOOL BEING BUILT IN MIAMI BEACH, I THINK WE REALLY HAVE TO DO

[02:45:01]

OUR PART IN THAT.

AND I, COMMISSIONER, I'M, I'M PROUD TO BE SPONSORING THIS WITH YOU.

'CAUSE I DO BELIEVE THAT PART OF WHAT CONTRIBUTES TO THE QUALITY OF LIFE IN OUR CITY IS ACCESS TO EDUCATION.

IS WHY WE INVEST SO MUCH OF THE PUBLIC'S MONEY IN EDUCATION, UH, UNLIKE ANY OTHER CITY, BY THE WAY.

AND I, I DO HEAR FROM PARENTS THAT, UM, THAT IT DOES AFFECT THEIR QUALITY OF LIFE.

THAT, THAT THEY HAVE TO DRIVE 40 MINUTES TO BE ABLE TO TAKE THEIR KIDS TO A, TO A SCHOOL.

UM, THAT'S NOT EVEN IN MIAMI BEACH.

THAT'S NOT EVEN IN MIAMI BEACH.

AND, YOU KNOW, IT IS PART OF BEING A WORLD CLASS CITY.

IT IS PART OF BEING A RESIDENT FRIENDLY CITY IS HAVING, UH, ACCESS TO SCHOOLS.

YES, WE HAVE PUBLIC SCHOOLS, WE HAVE A LOT OF PUBLIC SCHOOLS AND GREAT QUALITY PUBLIC SCHOOLS, AND PERHAPS IT'S AN ASSET THAT WE DON'T HIGHLIGHT ENOUGH IN OUR COMMUNITY.

BUT NOT ALL STUDENTS SUCCEED IN PUBLIC SCHOOL.

SOME STUDENTS NEED SPECIAL TYPES OF EDUCATION.

UM, NOT ALL STUDENTS CULTURALLY FIT INTO A PUBLIC SCHOOL, WHETHER IT BE FOR RELIGIOUS PURPOSES OR WHETHER IT BE FOR LANGUAGE PURPOSES OR WHETHER IT BE THE SIZE OF THE CLASSROOM, WHATEVER IT MAY BE, IT MAY BE BRINGING MORE EDUCATION INTO OUR CITY IS A BENEFIT.

IT IS SOMETHING THAT WILL ATTRACT FAMILIES TO OUR CITY.

AND IT'S A DECISION, IT'S SOMETHING THAT FAMILIES LOOK INTO WHEN THEY'RE CHOOSING WHERE TO LIVE, CLOSENESS AND PROXIMITY TO SCHOOLS THEY WANT TO TAKE THEIR CHILDREN TO.

AND, UH, AND THERE'S BEEN A LOT OF SCHOOLS BEING BUILT IN OTHER PARTS OF OUR COUNTY, AND I REALLY HAVEN'T SEEN THE INFLUX OF SCHOOLS IN OUR COMMUNITY.

AND I THINK IT PROBABLY GOES HAND IN HAND WITH THE FACT THAT WE'VE HAD A REDUCTION IN POPULATION.

AND SO BY THE, BY THE SAME TOKENS THAT WE TRY TO INCENTIVIZE THE CONSTRUCTION OF RESIDENTIAL INVENTORY, I THINK WE NEED TO INCENTIVIZE THE DEVELOPMENT OF, OF, UH, MORE SCHOOLS IN OUR COMMUNITY.

THE I, IT JUST GOES HAND IN HAND.

AND SO I'M ALL FOR, UH, THESE AMENDMENTS, UH, AND DOING WHATEVER WE CAN TO DEREGULATE AS MUCH AS WE CAN.

UH, THE CONSTRUCTION OF SCHOOLS, INCLUDING MAKING THE PROCESS THROUGH OUR HISTORIC PRESERVATION BOARD AND OUR DRBA LITTLE BIT EASIER IF THEY NEED WAIVERS OF SETBACK OR WITHIN A CERTAIN AMOUNT OF WAIVER OF HEIGHT.

YOU KNOW, MAYBE IT CAN BE APPROVED ADMINISTRATIVELY RATHER THAN HAVING TO GO THROUGH DRB AND HPP, UM, BECAUSE OTHERWISE, YOU KNOW, WE ARE, WE, WE CAN'T LET PERFECTION GET IN THE WAY OF THE GUN.

SO THAT'S MY THOUGHT ON THIS.

VERY WELL SAID, UH, MR. CHAIR.

I, AND SO TOM, I THINK THE, THE DIRECTION IS, YOU KNOW, YOU COME BACK SOME, A LITTLE BIT MORE AGGRESSIVE INCENTIVE FOR SCHOOLS.

I THINK, YOU KNOW, GIVING WAIVERS OR LIKE WAIVING IMPACT FEES, IT'S NOT REALLY GONNA MOVE THE NEEDLE.

YOU KNOW, WE, WE, WE, WE WANT TO, YOU KNOW, BY THE TIME MY FIRST FOUR YEARS ARE, I'D LOVE TO SEE AT LEAST ONE SCHOOL, BRAND NEW SCHOOL BE BUILT AS A RESULT OF THIS LEGISLATION.

YOU KNOW, ONE THING TO CONSIDER AS YOU GO BACK TO SEE WHAT ELSE WE COULD DO IS POSSIBLY THE IDEA OF ALTERNATE TYPES OF SCHOOL BUILDINGS.

UM, I'VE SEEN BUILDING, UH, SCHOOLS, UM, IN OFFICE BUILDINGS.

I'VE SEEN SCHOOLS IN DIFFERENT TYPES OF MORE VERTICAL BUILDINGS.

UM, IF WE WANT TO TRANSFORM WHAT WASHINGTON AVENUE IS, YOU KNOW, MAYBE THERE'S AN OPPORTUNITY TO IDENTIFY PROPERTIES THERE THAT COULD BE A CONVERSION, ESPECIALLY WHERE YOU HAVE PARKS IN A BLOCK OR TWO PROXIMITY.

AND SO MAYBE IT'S NOT A K THROUGH 12 SCHOOL BECAUSE, YOU KNOW, WHATEVER.

BUT, BUT LOOK AT ADDING THAT TO THE MIX OF INCENTIVES, BECAUSE THAT WOULD BE A GREAT WAY TO USE EXISTING URBAN SPACE IN A WAY THAT COULD BE REALLY TRANSFORMATIVE.

SO WHAT ACTION DOES THE, UM, ADMINISTRATION NEED PROMISE ON THIS ITEM? SO WHY DON'T WE GO AHEAD AND DEFER THIS TO, OR CONTINUE THIS, TO, UM, THE NEXT LAND USE COMMITTEE MEETING ON NOVEMBER 25TH, AND THEN WE CAN COME BACK TO YOU WITH SOME MORE, UH, ROBUST OPTIONS INCLUDING, UM, PERHAPS, UM, ADMINISTRATIVE LEVEL APPROVAL FOR CERTAIN TYPES OF SCHOOLS.

I THINK THAT THAT'D BE PRUDENT.

UM, ALRIGHT, GREAT.

TO GO FROM HOTEL TO RESIDENTIAL.

AND, AND I'LL SAY EVEN, YOU KNOW, ALLOWING CERTAIN HIDE WAIVERS, I THINK ALSO IT'S ONE OF THE THINGS THAT WE NEED TO, WE, WE NEED TO CONSIDER FAR, UM, YOU KNOW, AN FAR INCENTIVE.

I DON'T, I DON'T MIND AN FAR INCENTIVE IF WE ARE DOING IT FOR COMMERCIAL.

I THINK, YOU KNOW, AND WE'RE DOING IT

[02:50:01]

WE NEED TO LOOK AT IT AS A TOOL FOR EDUCATION BECAUSE THE REALITY IS AS WE INCREASE THE AMOUNT OF RESIDENTS, SO WILL THE AMOUNT OF CHILDREN IN OUR COMMUNITY AND WE NEED OPTIONS FOR THEM.

ALRIGHT, SO WE'LL BRING THIS ITEM BACK, UH, NEXT MONTH.

LET'S CALL UP

[14. DISCUSS CREATING ECONOMIC AND ZONING INCENTIVES TO ENCOURAGE THE CONVERSION OF EXISTING OFFICE BUILDINGS TO RESIDENTIAL, WHICH IDEALLY EXPLORE NEW INCENTIVES (ECONOMIC OR OTHER) BEING USED IN OTHER STATES, RATHER THAN RELYING ON EXISTING OPTIONS WHICH WE MIGHT NOT WANT TO ENCOURAGE, SUCH AS FLOOR AREA RATIO (FAR) AND PARKING INCENTIVES, REDUCTIONS TO THE MOBILITY FEE, IN ORDER TO INCREASE THE SUPPLY OF AVAILABLE HOUSING IN MIAMI BEACH.]

ITEM NUMBER 14.

ITEM NUMBER 14 IS TO DISCUSS CREATING ECONOMIC AND ZONING INCENTIVES TO ENCOURAGE THE CONVERSION OF EXISTING OFFICE BUILDINGS TO RESIDENTIAL, WHICH IDEALLY EXPLORE NEW INCENTIVES, UH, ECONOMIC OR OTHER BEING USED IN OTHER STATES RATHER THAN RELYING ON EXISTING OPTIONS, WHICH WE MIGHT NOT WANT TO ENCOURAGE, SUCH AS FAR AND PARKING INCENTIVES OR REDUCTIONS IN THE MOBILITY FEE IN ORDER TO INCREASE THE SUPPLY OF AVAILABLE HOUSING IN MIAMI BEACH.

COMMISSIONER BOT, THIS IS YOUR ITEM TOGETHER WITH COMMISSIONER JOSEPH MAGAZINE.

YOU'RE WELCOME TO PRESENT YOUR ITEM.

SO THIS, UM, THANK YOU MR. CHAIR.

THIS, UM, ITEM GOES BACK QUITE A NUMBER OF MONTHS AND, UM, I I THINK THERE WAS A LITTLE BIT OF, UM, I THINK THERE WAS AN OPPORTUNITY TO COME BACK WITH SOME MORE ROBUST RESEARCH TO TRY TO, TO EFFECTUATE THIS.

WHAT WHAT I'M TRYING TO ENCOURAGE IS HOW DO WE LOOK DIFFERENTLY AT, UM, INCENTIVIZING, UM, CONVERTING OFFICE SPACE OFFICE BUILDINGS INTO RESIDENTIAL, UM, MORE THAN THE TRADITIONAL FAR OR HEIGHT OR WHATEVER.

UM, PART OF THE PROBLEM IS THAT WE LIVE IN FLORIDA WHERE WE HAVE LESS AUTONOMY TO DO WHAT WE WANNA DO IN OUR CITY.

UM, YOU KNOW, THERE, THERE ARE CITIES AROUND THE COUNTRY THAT HAVE PRETTY ROBUST OPTIONS FOR INCENTIVIZING, UH, HOW TO DO THIS.

SO, AND YOU, YOU DID A REALLY NICE JOB OF LAYING OUT WHAT, WHAT SOME OF THE OTHER CITIES ARE DOING.

UM, ONE THING THAT STUCK OUT TO ME IN THIS, THIS, UM, UPDATED VERSION OF THIS MEMO IS, UM, THE FACT THAT THE COST OF AN OFFICE TO RESIDENTIAL CONVERSION, UM, IS LESS EXPENSIVE IN SMALLER, OLDER BUILDINGS, UM, THREE STORIES OR LESS.

AND WE HAVE AREAS, UM, IN DIFFERENT PARTS OF THE CITY THAT HAVE PLENTY OF THOSE BUILDINGS.

SO ALONG 41ST STREET AND ALONG WASHINGTON.

SO CAN WE PERHAPS CRAFT SOMETHING SPECIFICALLY FOR THOSE AREAS THAT WOULD GIVE US A LITTLE BIT OF ROOM TO MANEUVER? OR CAN THEY BE FOLDED INTO THINGS THAT WE'RE ALREADY DOING? UM, I'M NOT SURE WHAT THE, THE RIGHT WAY TO PROCEED WITH THAT IS.

AND THEN THE OTHER QUESTION IS, ARE WE PREEMPTED BY THE STATE FROM DOING OUR OWN TAX INCENTIVES? IS THAT SOMETHING THAT WE JUST CANNOT EVEN CONTEMPLATE? UH, UH SO THE FIRST QUESTION ON THE SMALLER OFFICE BUILDINGS, THAT'S SOMETHING THAT WE COULD CERTAINLY EXPLORE.

UM, IT'S PERMITTED, IT'S ALLOWED, THE QUESTION IS HOW DO YOU WANT TO INCENTIVIZE IT? THE ONLY CHALLENGE, AND WE PROBABLY SHOULD HAVE MENTIONED THIS IN THE MEMO, IS THAT WITH A LOT OF THESE OFFICE BUILDINGS, UNFORTUNATELY THE FIRST LEVEL IS NOT A BASE FLOOD ELEVATION.

UM, AND IF IT'S NOT UNDER THE BUILDING CODE, YOU WOULDN'T BE ABLE TO COMMIT, CONVERT THAT TO A HABITABLE USE.

BUT YOU COULD POTENTIALLY CONVERT THE FLOORS ABOVE THAT.

SO THE SECOND AND THIRD FLOOR.

UM, SO YOU COULD MAINTAIN THE EXISTING RETAIL YEAH.

OR OFFICE AND THEN BUILD UP OR CONVERT THE OFFICE TO RETAIL AND THEN, AND THEN DO THE RESIDENTIAL ABOVE THAT.

IN TERMS OF THE TAX, UM, THAT I DON'T HAVE AN ANSWER TO.

I, I CAN ANSWER THAT.

UM, WE'RE VERY LIMITED INTO, UH, AS TO WHAT KINDS OF TAX INCENTIVES WE CAN ADOPT AT THE LOCAL LEVEL.

UM, I KNOW RECENTLY AS PART ACTUALLY OF THE LOCAL ACT, THE LEGISLATURE ADOPTED CERTAIN TAX EXEMPTIVE FOR, UH, EXEMPTIONS FOR, UM, FOR AFFORDABLE AND WORKFORCE RESIDENTIAL DEVELOPMENT.

UM, BUT BEYOND THAT, WE CAN ONLY PROVIDE FOR A TAX EXEMPTION WHEN IT'S EXPRESSLY ALLOWED BY STATE LAW.

IT, SO EVEN IF WE DON'T MAKE AN EXEMPTION, BUT WE MAY CHANGE THE DURATION OF TIME OVER WHICH THE, THE TAXES ARE PAID.

LIKE MAYBE WE DON'T COLLECT EVERYTHING IMMEDIATELY, BUT WE DEFERRED OVER FIVE YEARS OR 10 YEARS.

ARE WE ABLE TO DO THAT? I DON'T THINK WE CAN DO THAT, BUT WE CAN RESEARCH THAT.

I THINK EVERYBODY'S SUBJECT TO THE SAME, UM, BILLING AND, AND PAYMENT DEADLINES EVERY YEAR.

OVER, OVER THE TAX, YOUR, YOUR EXISTING TAX AND THEN THAT GOES INTO AN ACCOUNT, UH, OR INTO A DISTRICT.

BUT IF IT WERE A PROJECT THAT QUALIFIED FOR THOSE AFFORDABLE OR WORKFORCE INCENTIVES, THEN MAYBE THAT'S SOMETHING WE COULD EXPLORE.

TOM, LET ME, LET ME JUST ASK A QUESTION BECAUSE, SO YOUR LINE OF THINKING, THERE'S THESE TIF DISTRICTS, UH, LIKE TIF FINANCING AND, AND ALL THAT, UM, WHICH IS THE INCREMENT OVER,

[02:55:01]

UM, HOW COULD, YOU KNOW, PERHAPS EXPLORE A MECHANISM LIKE THAT AND HOW THAT COULD BE USED? SO IF A, IF A PROJECT WERE WITHIN THE BOUNDARIES OF A CRA, FOR EXAMPLE? MM-HMM, .

WE CAN, WE CAN LOOK THAT.

I, I MEAN I LOVE YOUR IDEA.

I THINK IT'S, I JUST DUNNO HOW TO DO IT.

YEAH, WELL WE CAN KEEP IT HERE.

SHOULD WE KEEP IT HERE FOR ANOTHER FEW MONTHS AND SEE? YEAH.

AND I THINK, UH, YOU KNOW, ONE OF THE THINGS THAT WE SHOULD DO IS, YOU KNOW, REACH OUT TO THE STATE.

UH, YOU KNOW, WE HAVE PETER THAT WAS RECENTLY HIRED, UM, AS OUR, AS OUR STATE BUREAU AND, YOU KNOW, SEE WHAT THE STATE MIGHT BE WILLING TO, TO, TO DO TO, YOU KNOW, INCENTIVIZE PROPERTY OWNERS, UH, TO PUT THEIR PROPERTIES TO BETTER USE.

THANK YOU COMMISSIONER DOMINGUEZ.

UM, SO WHEN I HAD A DISCUSSION ABOUT THIS, 'CAUSE IT IS A GOOD IDEA, I THOUGHT AS WELL, UM, WITH THE CITY ADMINISTRATION, THEY FELT THAT IT'S PREMATURE, UM, AND IT WASN'T SOMETHING WE SHOULD BE SPENDING A WHOLE LOT OF TIME ON.

SO, UM, KEEPING IT HERE A LITTLE LONGER MIGHT HELP, BUT, UM, THAT'S THE FEEDBACK I GOT FROM THE CITY.

DID YOU GUYS NOT GET THE SAME FEEDBACK? OKAY.

HOW RECENTLY? LAST WEEK? OH, I DID NOT.

NOT ALRIGHT.

CONVERSATION.

SO WITH THAT, WE WILL KEEP, UH, THIS ITEM IN COMMITTEE AND, UH, WE WILL MOVE ON TO ITEM NUMBER 15.

[15. REVIEW TRAFFIC IMPACT STUDY REQUIREMENTS IN THE LAND DEVELOPMENT REGULATIONS ("LDRS") FOR NEW DEVELOPMENT AND CONSIDER WHETHER LDR AMENDMENTS ARE APPROPRIATE TO (I) STRENGTHEN THE CITY'S REVIEW OF A PROJECT'S IMPACTS ON TRANSPORTATION INFRASTRUCTURE, AND (II) ENHANCE TRAFFIC MITIGATION MEASURES REQUIRED OF APPLICANTS.]

ITEM NUMBER 15, REVIEW TRAFFIC IMPACT STUDY REQUIREMENTS IN THE LAND DEVELOPMENT REGULATIONS FOR NEW DEVELOPMENT.

AND CONSIDER WHETHER LDR AMENDMENTS ARE APPROPRIATE TO STRENGTHEN THE CITY'S REVIEW OF A PROJECT'S IMPACT ON TRANSPORTATION INFRASTRUCTURE AS WELL AS ENHANCED TRAFFIC MITIGATION MEASURES REQUIRED OF APPLICANTS COMMISSIONER.

ABBA, THIS IS YOUR ITEM.

SO, UM, JOSE IS GONE, BUT, UM, THIS WAS AN ITEM THAT I BROUGHT BECAUSE IT JUST SEEMED LIKE THERE'S SO MANY DEVELOPMENTS HAPPENING ALL AT ONCE AND, UM, EVEN THINGS WITHOUT OUR CITY BORDERS WERE HAPPENING THAT ARE GONNA AFFECT US.

AND I WANTED TO JUST, UM, REALLY MAKE SURE THAT WE WERE, UM, DOING EVERYTHING WE COULD TO TAKE AS MANY DIFFERENT FACTORS INTO ACCOUNT WHEN WE REQUIRED DEVELOPERS TO DO A TRAFFIC MITIGATION STUDY.

AND SO AFTER, UM, DEFERRING THIS ITEM LAST TIME, UM, THE STAFF AND I MET TO TALK ABOUT THIS AND IT SEEMS LIKE WE ARE DOING PRETTY ROBUST WORK AND THAT THERE'S NOT A WHOLE LOT MORE THAT WE CAN BE DOING, UM, WHICH IS NOT IDEAL TO HEAR, BUT I GUESS THAT'S WHERE WE ARE.

BUT LET ME ASK THIS NEW DEVELOPMENTS.

HERE'S, HERE'S MY CHALLENGE WITH NEW DEVELOPMENTS, WHICH I THINK IT GOES TO, TO, TO WHAT YOU'RE TRYING TO TACKLE.

COMMISSIONER, I COME IN AND I'M PROPOSING A DEVELOPMENT, UM, AT ANY GIVEN LOCATION AND I DO A TRAFFIC STUDY RIGHT NOW, MR. DIRECTOR, THE TRAFFIC STUDY THAT I COMMISSION ONLY CONS, UH, ONLY CONSIDERS EXISTING CONDITIONS AND HOW MY PROJECT WOULD IMPACT EXISTING CONDITIONS.

IS THAT CORRECT? MY UNDERSTANDING IS THAT THE, UM, TRAFFIC, UH, IMPACT WILL TAKE INTO CONSIDERATION FUTURE DEVELOPMENT THAT IS PROPOSED WITHIN A GIVEN AREA.

UM, SO IF THERE'S A PROJECT APPROVED BUT NOT BILLED, THERE'S OBVIOUSLY NO WAY TO DO TAKE INTO ACCOUNT THAT IN TERMS OF THE REAL TIME TRAFFIC IMPLICATIONS.

BUT THE TRAFFIC STUDY WILL TAKE INTO ACCOUNT WHAT THAT IS LIKELY TO RESULT IN.

SO THAT IS HAPPENING.

SO, SO, SO THE PROJECTS ARE TAKING INTO ACCOUNT THE, THE, THE TRAFFIC REVIEW, THE TRAFFIC ANALYSIS, THESE STUDIES DONE BY DEVELOPERS AND THEIR TEAMS. RIGHT NOW, THEY'RE SUPPOSED TO BE LOOKING AT NOT JUST CURRENT CONDITIONS, BUT HOW THEIR PROJECT TOGETHER WITH SURROUNDING APPROVED PROJECTS, HOW THEY'RE, HOW PUT TOGETHER HOW THOSE ARE GOING TO AFFECT CONDITIONS.

PLANNING BOARD, ONE OF MY FRUSTRATIONS WAS THAT IT DIDN'T FEEL LIKE THE STUDIES WE WERE GETTING NECESSARILY REFLECTED THAT.

AND JOSE WALKED IN.

IF I SAID ANYTHING CORRECTLY, JOSE, UH, FEEL FREE TO CORRECT ME, BUT I BELIEVE THAT'S THE, UM, THAT'S THE CASE.

WELL, BUT, BUT, BUT LET ME ASK YOU THIS.

IF IT WERE THE CASE, WOULDN'T YOU BE SEEING IT IN THE TRAFFIC STUDIES? 'CAUSE I'LL TELL YOU THIS, WHEN I SAT ON THE

[03:00:01]

SO DO YOU FEEL THAT THE STUDIES WE ARE GETTING ARE ACTIVE, ARE ACCURATELY REFLECTING THAT JOSE, MY UNDERSTANDING IS THAT FOR DEVELOPMENT APPLICATIONS, EVEN IF APPROVED PROJECTS AREN'T BUILT, THAT THE TRAFFIC, UH, CONSULTANT WILL TAKE THOSE INTO ACCOUNT WITHIN A CERTAIN RADIUS OF THE NEW PROJECT, CORRECT? THAT IS CORRECT.

AND IS THAT HAPPENING? YES.

IN, IN TERMS OF E EVERY TRAFFIC STUDY BUILDS UPON THE TRAFFIC STUDIES PRIOR RELATED TO OTHER DEVELOPMENTS.

SO IT'S CUMULATIVE.

UM, LET ME ASK YOU THIS, YOU KNOW, BECAUSE I'VE ALWAYS BEEN SKEPTICAL, I'VE ALWAYS BEEN SKEPTICAL OF PRIVATE TRAFFIC STUDIES.

DO WE INTERNALLY PEER REVIEW THOSE TRAFFIC STUDIES? WE DO.

WE DO.

WE HAVE A CONSULTANT, A, A TRAFFIC CONSULTANT THAT PEER REVIEWS THE TRAFFIC ENGINEERING STUDIES FOR EACH DEVELOPMENT AND, AND HAS, AND HAVE WE EVER FOUND DEVIATIONS BETWEEN WHAT'S BEING PRESENTED AND WHAT OUR PEER REVIEWER HAS, UH, HAS FOUND DEVIATIONS AS WE REVIEW DISCREPANCIES, WE COULD FIND DISCREPANCIES.

WE BRING THOSE TO THE ATTENTION OF THE CONSULTANT.

BUT BY THE TIME THAT TRAFFIC STUDY IS FINALIZED, THOSE, THOSE DISCREPANCIES, IF THERE ARE ANY, HAVE BEEN ADDRESSED.

ADDRESSED.

I JUST FEEL, YOU KNOW, I, I JUST RECALL ONE OF MY FRUSTRATIONS HAS OVER THE YEARS HAS BEEN, I NEVER REALLY FELT LIKE THE TRAFFIC STUDIES TRULY INCORPORATED THE SURROUNDING DEVELOPMENTS.

I NEVER SAW A TRAFFIC STUDY.

LIKE THEY ALWAYS SHOW, SHOW YOU A PROJECT SITE, THE APPLICATION SITE.

BUT THEY'LL NEVER SHOW YOU A TRAFFIC STUDY THAT SHOWS, OKAY, THESE ARE THE PROJECTS AROUND YOU, WHAT THEY'RE PROJECTED TO GENERATE AND WHAT YOURS IS PROJECTED TO GENERATE.

IT ALWAYS FEELS LIKE IT'S GOING AS OF CURRENT CONDITIONS.

AND I DON'T KNOW, COMMISSIONER BIDEN, I MEAN, YOU SAT ON THE PLANNING BOARD YEAH.

MUCH MORE RECENTLY THAN WHAT I DID.

IT, IT JUST SEEMS LIKE, WELL, WHEN WE DISCUSS THIS AS A, AN INTERNAL MEETING GROUP, UM, IT, IT FEELS LIKE, YOU KNOW, FOR INSTANCE, IN TOWN CENTER NORTH BEACH, WE KNOW THERE ARE 13 PROJECTS IN AN EIGHT BY SIX, YOU KNOW, BLOCK AREA.

UM, AND IT DOESN'T FEEL LIKE THE TRAFFIC HAS BEEN, THE TRAFFIC STUDIES HAVE REALLY REPRESENTED THE BOTTLENECK THAT THAT IS GOING TO BECOME.

IF SOMEBODY WERE TRYING TO DEVELOP SOMETHING NEAR FIFTH AND ALTON, YOU KNOW, THE BUILDING IS EMPTY RIGHT NOW, BUT ONCE IT'S, ONCE IT'S OCCUPIED, THAT'S GOING TO, THAT IS A AND ENHANCED TRAFFIC INTENSITY THAT WE KNOW IS GONNA HAPPEN.

AND, AND SO I, THAT'S WHAT I WAS TRYING TO GET TO OF HOW DO WE, HOW DO WE BROADEN THE SCOPE SO THAT WE TAKE INTO REAL WORLD EFFECTS THAT WE KNOW ARE COMING DOWN THE PIKE? BUT IT, IT DIDN'T SEEM LIKE THERE WAS A WAY TO DO THAT IN ANY REASONABLE MANNER.

SO, UM, UNLESS SOMETHING'S CHANGED IN THE LAST THREE WEEKS AND TO THE CHAIR, THE, THE SCOPE OF THE SCOPE OF EVERY TRAFFIC STUDY IS NEGOTIATED WITH THE TRAFFIC ENGINEERS ASSOCIATED WITH THAT DEVELOPMENT PROJECT.

UH, IT'S WHAT WE CALL A METHODOLOGY MEETING.

AND I THINK THIS IS SOMETHING WE DISCUSSED THAT AT THE MEETING THAT WE HAD WITH YOU OF PERHAPS BROADENING THAT SCOPE, UH, SO THAT IT ENCOMPASSES MORE THAN JUST THE INTERSECTIONS THAT ARE IN THE IMMEDIATE VICINITY OF THAT PROPOSED DEVELOPMENT.

UM, YOU KNOW, I THINK THAT'S SOMETHING THAT WE CAN CERTAINLY PROPOSE.

AND THIS IS A, A NEGOTIATION.

THESE TRAFFIC STUDIES ARE, ARE, THEY'RE STANDARDIZED SO THAT IT DOESN'T MATTER WHETHER IT'S CITY OF MIAMI, MIAMI BEACH, SURFSIDE, WHEREVER, THEY ALL SORT OF LOOK THE SAME AND THEY HAVE THE SAME SORT OF CONTENT.

UH, BUT I, AND YOU KNOW, THERE'S TYPICALLY A RANGE OF, OF LIKE HOW FAR AWAY FROM THE, THE PROPOSED DEVELOPMENT THAT THE, THE TRAFFIC STUDY LOOKS AT SO THAT IT DOESN'T BECOME A VERY COMPREHENSIVE, UM, YOU KNOW, UNMANAGEABLE, UM, ANALYSIS.

BUT WE CAN, DURING OUR METHODOLOGY MEETINGS WITH THE TRAFFIC ENGINEERS OF THE VARIOUS DEVELOPMENTS, WE CAN WORK WITH THEM ON THAT.

SO I, I UNDERSTAND THAT THE CONCERN ABOUT, YOU KNOW, PROJECT OR SCOPE CREEP, BUT WE'RE NOT LOOKING FOR A, UM, A COMPLETELY COMPREHENSIVE TRAFFIC STUDY OF EVERY PARTICULAR POSSIBLE SITUATION.

BUT FOR INSTANCE, IF YOU'RE DOING SOMETHING IN NORTH BEACH, UM, AND YOU KNOW, AND IT'S CLOSE TO THE BRIDGE, THE 79TH STREET BRIDGE, AND YOU KNOW, THERE'S A BUNCH OF UNITS COMING ONLINE, IT SEEMS LIKE THAT WOULD BE A REASONABLE REQUEST TO INCORPORATE THAT, THAT KNOWN ONCOMING PROJECT.

UM, OR, YOU KNOW,

[03:05:01]

SO, UM, I, I MEAN, I DON'T THINK THERE'S ANYTHING WE CAN DO TO CODIFY IT UNLESS I'M WRONG.

UM, BUT AS MUCH AS WE CAN REQUEST THAT, AS OPPOSED TO, YOU KNOW, IT TO SAY IT'S PART OF THE NEGOTIATIONS, IT'S LIKE, WE'D LIKE YOU TO DO X AND THEY SAY, WELL, WE DON'T WANNA DO X, AND THEN, THEN WHERE ARE WE ? UM, BUT YOU KNOW, THERE, THERE ARE THESE SORT OF, UM, UNEXPECTED, MORE INTENSE THAN NORMAL, UH, FLOW OF DEVELOPMENT HAPPENING IN CERTAIN AREAS OF THE CITY.

AND IT SEEMS LIKE THAT WOULD REQUIRE, THOSE EXTENUATING CIRCUMSTANCES WOULD REQUIRE A DIFFERENT KIND OF NON-STANDARDIZED TRAFFIC STUDY.

SO FOR EXAMPLE, IF THERE, YOUR MIC IS OFF.

I'M SORRY, YOUR MIC IS OFF.

OH, NOW IT'S ON.

OH, OKAY.

THERE YOU GO.

AND THROUGH THE CHAIR, APOLOGIES.

UH, IF, IF THERE IS A PRIVATE DEVELOPMENT BEING PROPOSED AND IT'S IN THE SOUTH OF FIFTH AREA, WHILE IT MAY NOT BE NEXT TO ALTON AND FIFTH, WE WOULD, WE WOULD, AND I WOULD, I WOULD THINK WE WOULD WORK WITH THE TRAFFIC ENGINEERS TO INCLUDE THAT INTERSECTION AS PART OF THEIR ANALYSIS.

NOW, IF THAT, IF THAT INTER INTERSECTION, IF THEIR ANALYSIS SHOWS THAT THAT INTERSECTION FAILS, AND, AND I'M SURE THIS IS ALREADY BEING DONE, BUT I, THAT CONSULTANT, THE TRAFFIC ENGINEERING CONSULTANT WILL NEED TO BRING THAT TO OUR ATTENTION IF IT'S ALREADY FAILING, EVEN THOUGH IT'S NOT WITHIN THE IMMEDIATE VICINITY.

SO I THINK SOME OF GUESS WHAT I'M TRYING TO SAY IS SOME OF THAT LARGER, BROADER, UM, IS ANALYSIS IS ALREADY HAPPENING IN THE BACKGROUND OF EVERY TRAFFIC ENGINEERING STUDY SINCE THEY ALL BUILD UPON THEMSELVES AND THEY'RE ALL INCREMENTAL.

UH, BUT PERHAPS IT'S AN ISSUE OF HIGHLIGHTING IT IN THE TRAFFIC STUDIES, WHICH IS NOT BEING CURRENTLY DONE AND, AND SHOULD BE, THIS IS THE LAST ITEM.

UM, I GUESS I DON'T THINK THERE'S ANYTHING THAT NEEDS TO BE MODIFIED.

OOPS.

I DON'T THINK THERE'S ANYTHING THAT NEEDS TO BE CODIFIED ON THIS.

IT'S JUST SORT OF A DIFFERENT WAY OF WORKING AS YOU GO FORWARD.

, UM, TO HIGHLIGHT THESE SORT OF EXTENUATING PROJECTS IN AREAS OR THESE EXTENUATING AREAS FOR PROJECTS THAT WILL BE IMPACTED BY THEM, EVEN IF THEY'RE NOT JUST A BLOCK AWAY.

GREAT.

ONCE YOU GUYS HAVE ANY, NO, THANK YOU FOR LOOKING INTO THIS THOUGH.

IT IS AN IMPORTANT ISSUE AND WE ONLY HAVE LIMITED CAPACITY IN OUR CITY, AND IT NEEDS TO BE TAKEN INTO CONSIDERATION WITH OUR DEVELOPMENTS.

UM, DO YOU WANNA SHOW THAT ITEM AS DISCUSSED AND CONCLUDED? YEAH, I GUESS SO.