* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. TWO, [00:00:01] ONE. GOOD AFTERNOON AND WELCOME TO THE JANUARY 16TH, 2025 MEETING AT THE LAND USE AND SUSTAINABILITY COMMITTEE. UH, MR. ATTORNEY, LET'S DO A ROLL CALL. THANK YOU, MR. CHAIRMAN, COMMISSIONER DOMINGUEZ. HI, COMMISSIONER SU SUAREZ WILL BE ARRIVING SHORTLY. UH, COMMISSIONER, UH, VICE CHAIR BOT PRESENT AND CHAIRMAN FERNANDEZ PRESENT, WE HAVE QUORUM. AS THE ATTORNEY MENTIONED, UH, COMMISSIONER SUAREZ WILL BE ARRIVING SHORTLY. TODAY'S MEETING OF THE LAND USE AND SUSTAINABILITY COMMITTEE WILL BE CONDUCTED IN A HYBRID FORMAT WITH MEMBERS OF THE COMMITTEE PHYSICALLY PRESENT IN THE, IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL AND STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM. TO PARTICIPATE VIRTUALLY MEMBERS OF THE PUBLIC MAY DIAL 8 8 8 4 7 5 4 4 9 9 AND ENTER THE WEBINAR ID, WHICH IS 8 5 0 5 9 9 2 3 0 3 7 POUND, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 5 0 5 9 9 2 3 0 3 7. ANYONE WISHING TO SPEAK ON AN ITEM? MUST CLICK THE RAISE HAND ICON IN THE ZOOM APP OR DIAL STAR NINE IF PARTICIPATING BY PHONE. WITH THAT, MR. MR. DIRECTOR, ARE THERE ANY CHANGES, ADDED WITHDRAWALS, REFERRALS ON TODAY'S AGENDA? UH, YES, MR. CHAIR, I HAVE TWO ANNOUNCEMENTS. [5. 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).] UH, ITEM NUMBER FIVE, WHICH IS AN AMENDMENT TO THE COMPREHENSIVE PLAN AND RESILIENCY CODE REGARDING NON-CONFORMING PROVISIONS AND RM ONE REGULATIONS, UM, SPECIFIC TO ONSITE PARKING RESIDENTIAL USES IN NON-CONFORMING HOTELS ON THE NORTH SIDE OF BELL ISLE. THIS ITEM IS BEING DEFERRED TO THE FEBRUARY MEETING. AND ITEM NUMBER NINE, THE [9. MONTHLY UPDATE ON THE G.O. BOND BEACHWALK REFORESTATION PROJECT] MONTHLY UPDATE ON GEO BOND, BEACH WALK REFORESTATION PROJECT. THIS IS BEING DEFERRED TO A FUTURE DATE. PERFECT. UH, AND I WILL ALSO ANNOUNCE THAT AT THE FEBRUARY 20TH MEETING, WE WILL ALSO BE DOING OUR DISCUSSION ON THE LTC BIWEEKLY LTC HAVING TO DO WITH THE NORTH BEACH CODE COMPLIANCE AND PROPERTY MAINTENANCE, UH, OF THERE. AND THAT WILL BE HAPPENING AT THE FEBRUARY, UH, 20TH, UH, MEETING OF THE LAND USE COMMITTEE. AND I'VE ALSO ASKED THE CITY ADMINISTRATION TO CONSIDER WHETHER IT WOULD BE FEASIBLE TO HAVE THE MEETING IN NORTH BEACH TO TAKE THE COMMITTEE MEETING UP TO NORTH BEACH. SO WE'RE CHECKING TO SEE IF THAT WOULD BE FEASIBLE WITH THAT. IS THERE A MOTION TO SET THE AGENDA, I ASSUME MOVE THE, UM, IT'S BEEN MOVED BY THE VICE CHAIR, SECOND BY THE CHAIR. SO BY ACCLAMATION, UH, WE CAN SHOW THE AGENDA ADOPTED. I'M GONNA TAKE ITEM NUMBER [2. DISCUSS THE STATUS OF THE PRIVATE PORTION OF THE OCEAN TERRACE REDEVELOPMENT PROJECT] TWO OUT OF ORDER. TAKE THAT FIRST, THEN WE'LL FOLLOW THE AGENDA AS PRINTED. SO WITH THAT COMMISSIONER, VICE MAYOR BOND, YOU'RE RECOGNIZED. THANK YOU. UM, SO I WANTED TO HAVE THE STAFF AND THE DEVELOPER THEMSELVES, UM, COME AND GIVE US AN UPDATE ON WHAT'S GOING ON WITH THE OCEAN TERRACE PROJECT. IT IS A REALLY IMPORTANT PROJECT FOR THE HEALTH AND WELLBEING OF NORTH BEACH. IT'S BEEN VACANT FOR TOO LONG. UH, THE PARK LOOKS LIKE IT'S BURSTING, READY TO OPEN, AND THAT'S GREAT. UM, BUT I'M ALSO REALLY CURIOUS TO HEAR WHAT'S HAPPENING WITH THE, THE HOTEL AND THE CONDOS THEMSELVES. SO, AND BEFORE WE RECOGNIZE, BEFORE WE RECOGNIZE STAFF, I'M SORRY, LET'S JUST HAVE, UH, THE DIRECTOR READ THE TITLE INTO THE RECORD. OH, SORRY. YES, I'M SORRY. UH, THIS IS ITEM NUMBER TWO. DISCUSS THE STATUS OF THE PRIVATE PORTION OF THE OCEAN TERRACE REDEVELOPMENT PROJECT. ALRIGHT, AND DAVID GOMEZ, WELCOME. YOU'RE RECOGNIZED. GOOD AFTERNOON COMMISSIONERS. DAVID GOMEZ, DIRECTOR OF CAPITAL IMPROVEMENTS. UM, THIS IS A, A FAIRLY POSITIVE, UH, UPDATE. THE PUBLIC PORTION OF THE PROJECT COMMENCED IN OCTOBER OF 2023. IT HAS BEEN MOVING ESSENTIALLY ON SCHEDULE AND IS SCHEDULED TO BE COMPLETED FOR CHAIN SUBSTANTIAL COMPLETION THIS SPRING. UM, SO WE'LL BE ABLE TO PUT THAT PARK AND THAT ASSET ONLINE LATER. THIS, UH, SPRING. THE DEVELOPER HAS REPORTED TO US, UM, THAT THE DESIGN REMAINS CONSISTENT FOR THE PRIVATE PORTION WITH HPB APPROVALS. UH, THEY ARE LOOKING AT SOME MINOR REVISIONS THAT THEY'RE DISCUSSING WITH PLANNING STAFF NOW, BUT IT IS GENERALLY IN, IN ALIGNMENT WITH THE ORIGINAL HPB APPROVAL. UM, AND THEY ANTICIPATE LAUNCHING, UH, SALES OF RESIDENTS IN THE FIRST QUARTER OF THIS YEAR. THERE SHOULD BE A RE A REPRESENTATIVE FROM THE DEVELOPER ONLINE TO GIVE YOU A FURTHER UPDATE. ALRIGHT, UH, PJ UH, GUILLERMA, THERE'S A REPRESENTATIVE, UH, ONLINE VIA ZOOM. LET'S RECOGNIZE HIM TO PRESENT TO THE COMMITTEE. DO WE KNOW COMMISSIONER BOT IT? IT SHOULD BE JARED GREEN WHO'S, UM, MAKING HIMSELF AVAILABLE. J GOOD AFTERNOON. WELCOME. AFTERNOON. UM, OH, WE CANNOT HEAR YOU. UH, YOU CANNOT HEAR ME. JARED, WE CANNOT HEAR YOU. OKAY. UM, I SEE MYSELF OKAY. IN THE FUTURE, ANYONE FROM THE PUBLIC THAT IS COMING TO, TO MAKE A SPECIAL PRESENTATION, YOU [00:05:01] KNOW, IF THEY'RE NOT ON PUBLIC HEARING, YOU KNOW, I WOULD LIKE THEM TO BE IN PERSON. WE HAVE OTHER MEMBERS COMING TO SPEAK ON A NICE, SO JARED, IF YOU COULD JUST UNMUTE YOURSELF. I'M UNMUTED. I, UM, OKAY. SO WHILE WE'RE WAITING, HOPEFULLY FOR JARED TO SORT HIS TECHNICAL ISSUES OUT, UM, WOULD IT BE POSSIBLE TO, I DUNNO WHAT THE RIGHT MECHANISM IS, BUT TO HAVE THIS COME BACK QUARTERLY SO THAT WE CAN GET REAL TIME UPDATES ON WHAT'S GOING ON? I WILL BE HAPPY TO REQUEST THE DEVELOPER DO THAT. AND I I WOULD, AND, AND TO ADD ON TO THAT, I'M, YOU KNOW, HAPPY TO HEAR ABOUT THE RESIDENTIAL SALES THAT, UH, THAT THEY'RE GONNA START THE FIRST QUARTER. THAT, UH, AND THE PARK COMPLETION. I BELIEVE THIS SPRING IS THE SPRING. MY CONCERN CONTINUES TO BE, UM, THE STRUCTURES, THE HISTORIC STRUCTURES, UM, ON, ON OCEAN TERRACE. I WAS GONNA ASK THAT. I WANT TO MAKE SURE, UH, THAT THEY REMAIN, UH, IN PROPER STRUCTURAL INTEGRITY. UH, THAT IS MY CONCERN THERE. UH, AS WE MOVE FORWARD AND COMMISSIONER BOND, THIS IS YOUR ITEM. UM, I'D ENCOURAGE, UH, YOU AS A SPONSOR, UM, TO PERHAPS BE REQUESTING, UH, A STRUCTURAL ANALYSIS ON THE EXISTING, UH, STRUCTURES TO MAKE SURE THEY'RE NOT IN PERIL. UH, AND MAYBE, YOU KNOW, UH, THROUGH THE GUIDANCE OF OUR STAFF, MAYBE WHEN THIS COMES BACK IN A QUARTER, THEY COULD COME BACK. AND SINCE WE WEREN'T ABLE TO HEAR FROM, FROM JARED TODAY, MAYBE SINCE WE'LL BE UP IN NORTH BEACH ON FEB, HOPEFULLY WE'LL BE IN NORTH BEACH FOR OUR NEXT COMMITTEE MEETING. UH, MAYBE THEY COULD ATTEND IN PERSON AND PRESENT TO THE COMMITTEE IN PERSON. YEP. I WILL FOLLOW UP ON ALL OF THAT. ALRIGHT. AND, AND STAFF, IF, UH, TOM, I DON'T KNOW IF THERE'S ANYTHING ELSE YOU WOULD LIKE TO ADD ON THAT. NO, I'LL, UH, REACH OUT TO MY STAFF TO HAVE THEM, UH, TAKE A LOOK AT THE CONDITIONS OF THE BUILDINGS ON SITE TO MAKE SURE THAT THERE'S NOTHING OUT OF THE ORDINARY THERE. YEAH. I MEAN, I THINK, UM, THROUGH THE CHAIR, IF I MAY, OF COURSE. I, I THINK, UM, THERE MAY HAVE BEEN ONE OVER THE, THE NUMBER OF YEARS SINCE WHEN THIS FIRST GOT, UM, APPROVED BY THE COMMISSION AT THE TIME. I THINK ONE OF THE BUILDINGS, UM, WERE FACADES HAS BEEN LOST. I DON'T WANNA LOSE ANY ADDITIONAL FACADES. AND I KNOW, UM, LAST YEAR I MET WITH SANDOR AND WE TALKED ABOUT, UM, UPGRADING THE WAY IT LOOKED BECAUSE IT WAS LOOKING REALLY KIND OF RATTY. AND THERE'S TALK ABOUT PAINTING AND I THINK SOME STUFF HAS BEEN PAINTED. BUT I, I'D LIKE, THAT'S WHAT I WAS HOPING TO HAVE THE CONVERSATION WITH JARED ABOUT. UM, WHAT'S TO REALLY GET A FULL UPDATE ON WHAT'S GOING ON, WHAT NEEDS TO HAPPEN SOONER RATHER THAN LATER. LIKE, PROGRESS THAT IT'S CONTINUING A PIECE IS GOOD. LET'S REMEMBER THOUGH, THAT THIS HAS BEEN A PROJECT FOR, YOU KNOW, ALMOST A DECADE NOW. UM, AND SO WE NEED TO REALLY MAKE SURE THAT WE KEEP OUR, OUR EYE ON THE BALL AND MOVE THIS FORWARD. THAT WE DON'T HAVE ANY MORE DELAYS AND WE DON'T HAVE ANY UNINTENDED CONSEQUENCES AND LOSSES, UM, UP THERE. YEP. BUT WE'RE VERY EXCITED ABOUT THE PARK AND WE'RE VERY EXCITED TO, TO HEAR THAT THINGS ARE MOVING. AND, UH, LET'S KEEP THAT GOING. WE CAN CELEBRATE SPRING AND OCEAN TERRACE PARK. THERE YOU GO. HERE WE GO. UH, COMMISSIONER, UH, DOMINGUEZ, ARE ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? COMMISSIONER DOMINGUEZ? NO, NO COMMENTS AT THIS TIME. ALRIGHT. UH, UM, ARE THERE ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE IN PERSON, ANY VIA ZOOM. SEEING NONE VIA, VIA ZOOM. THANK YOU MR. GOMEZ, FOR YOUR PRESENTATION. AND I'LL, I'M GONNA JUST TAKE A MOMENT OF PERSONAL PRIVILEGE. UM, BEFORE WE MOVE ON TO OUR NEXT ITEM, I JUST WANT TO TAKE A MOMENT TO CONGRATULATE MY MOM AND DAD THAT TODAY THEY'RE CELEBRATING THEIR 49TH, UH, WEDDING ANNIVERSARY. SO I JUST, AND, UH, TO MY MOTHER-IN-LAW UP, UH, WHO IS CELEBRATING TODAY A BIG BIRTHDAY. I CAN'T, I WILL BE, UM, 29. I'LL BE FORCED INTO EXILE. IF I SAY , WHICH, WHICH NUMBER BIRTHDAY IT, IT IS. BUT TO MY PARENTS' HAPPY ANNIVERSARY AND TO MY MOTHER-IN-LAW, KATHY WILTH, UH, VERY HAPPY BIRTHDAY. AND MR. DIRECTOR? YES. UM, FOR THE OCEAN TERRACE ITEM, DO YOU WANT THIS MOVED TO THE NEXT MEETING? FEBRUARY. RIGHT? FEBRUARY. OKAY. AND HOPEFULLY IT'LL BE VERY APPROPRIATELY LOCATED IN NORTH BEACH, PERHAPS IN THE BROADMOOR, IN THE, WHERE THE BROADMOOR YEAH. WORK WITH DAVID BECAUSE, YEAH. ALRIGHT, WITH THAT, UH, [1. DISCUSS AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE (LDRS) FOR THE RO, RESIDENTIAL/OFFICE DISTRICT ALONG ALTON ROAD, BETWEEN 12TH AND 14TH STREETS, AS WELL AS APPLICABLE SECTIONS OF THE NON-CONFORMANCE USE REGULATIONS, TO PERMIT ALCOHOLIC BEVERAGE ESTABLISHMENTS ON A LIMITED BASIS, AS AN ACCESSORY USE.] LET'S CALL UP ITEM NUMBER ONE, MR. DIRECTOR. OKAY. ITEM NUMBER ONE IS DISCUSS AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE FOR THE RO RESIDENTIAL OFFICE DISTRICT ALONG ALTON ROAD BETWEEN 12TH AND 14TH STREET, AS WELL AS APPLICABLE SECTIONS OF THE NON-CONFORMANCE USE REGULATIONS TO PERMIT ALCOHOLIC BEVERAGE ESTABLISHMENTS ON A LIMITED BASIS AS AN ACCESSORY USE. COMMISSIONER DOMINGUEZ, THIS IS YOUR ITEM. YOU'RE WELCOME TO PRESENT YOUR ITEM. THANK YOU, MR. CHAIR. UH, SO THIS ITEM WAS BROUGHT FORWARD BY A RESIDENT THAT, UM, [00:10:03] ALSO OWNS THE NURSERY THAT IS ON ALTON ROAD. UH, I TOOK A FORMER PLANNING BOARD MEMBER WITH ME, UH, UM, TO LOOK AT THE SITE AND, UH, GET THEIR THOUGHTS AND THEY ACTUALLY WROTE THE LEGISLATION, WHICH THEN THE LEGAL TEAM HERE AT CITY HALL, UH, MADE INTO WHAT WE'RE READING TODAY. UM, IT'S, AND MAYBE TOM CAN JUST EXPAND ON THIS A LITTLE BIT MORE. THE BLOCK BEFORE, AND THE BLOCK AFTER CAN SELL ALCOHOL AND IT'S JUST THIS LITTLE SPACE BECAUSE OF, UM, HOW IT'S ZONED. IT CAN'T, AND THERE AREN'T ANY, UH, RESIDENCES NEAR IT. AND, UM, ON EITHER SIDE IT'S BUSINESSES AND, UH, IT'S MEANT TO BE A LOCAL HANGOUT. THERE'S NO PARKING OTHER THAN METERED. AND, UH, I THINK IT'S A, A GOOD ITEM. TOM, ANYTHING YOU'D WANNA SHARE? UM, I'LL JUST CLARIFY THAT THE AREA, THE 1200 AND 1300 BLOCKS ON THE EAST SIDE OF ALTON ROAD ARE ZONED RO THEY WERE REZONED RO IN THE LATE NINETIES AS PART OF A CITYWIDE DOWN ZONE. AND THEY USED TO BE CD TWO. AND A LOT OF THOSE USES, INCLUDING THIS GARDENING CENTER, BECAME LEGAL NON-CONFORMING WHEN THEY WERE DOWN. ZONED, YOU'RE CORRECT. NORTH OF 14TH STREET IS CD TWO. YOU CAN SELL ALCOHOL SOUTH OF 12TH STREET. ONCE YOU GET PAST FLAMINGO PARK IS CD TWO AND, AND ALCOHOL SALES ARE PERMITTED THERE. SO, AND THANK YOU. THIS PROPOSAL HERE WOULD ALLOW FOR THE LIMITED SALE OF ALCOHOLIC BEVERAGES WITHIN EXISTING NON-CONFORMING CAFES. AND IT'S NOT HARD LIQUOR. THEY WANNA SELL BEER AND WINE. IT'S A CHARMING, UH, CAFE, CAFE IF YOU WILL, THAT SELL SALADS AND SANDWICHES AND, UH, THEY'D BE OPEN TILL, UH, 10 OR 11 O'CLOCK AT NIGHT. AND, UM, I THINK IT'S, EVERYONE SHOULD GO TAKE A LOOK AT IT. IT'S A BEAUTIFUL LOCATION AND I WOULD AGREE WITH YOU, THIS IS CERTAINLY A VERY UNIQUE AND SPECIAL LOCATION LONGSTANDING ESTABLISHMENT IN OUR CITY WITH A VERY POSITIVE HISTORY OF, WITH A VERY POSITIVE HISTORY OF PERFORMANCE IN, IN OUR CITY. UH, SO I, YOU KNOW, I I WELCOME THIS VERY MUCH. COMMISSIONER BOT, YOU'RE RECOGNIZED. YEAH, I, UM, I THINK THIS IS GREAT. THE RESIDENT CAME TO ME AS WELL, AND, AND I, I KNOW THE AREA AND I'VE LOOKED AT PLANTS THERE AND, YOU KNOW, STAYING OPEN TILL 10 O'CLOCK AT INSIDE AND EIGHT O'CLOCK OUTSIDE, UM, SEEMS TO BE VERY COMPATIBLE WITH, UH, POSITIVE NEIGHBORHOOD USE. UM, QUESTION, WHAT IS THE CURRENT OCCUPANCY OF THIS ESTABLISHMENT? THIS OCCUPANCY? THIS, THIS ESTABLISHMENT CURRENTLY HAS 10 SEATS. THAT'S WHAT'S ON THEIR DCR 10 SEATS. THEY'RE ALLOWED TO HAVE 10 SEATS, AND, WHICH I THINK IT, IT'S SOMETHING SO REASONABLE. UM, AND, UH, AND I, AND I THINK IT WOULD ALIGN WITH THE SPIRIT OF THIS LEGISLATION THAT THIS SERVES A VERY, YOU KNOW, IT'S A VERY MODEST USE. THIS ISN'T A LARGE ESTABLISHMENT AND THE LEGISLATION IS NOT INTENDED FOR ANYTHING LARGE. IT'D BE GREAT TO TO, TO REFERENCE IF THE SPONSOR AGREES. AND THE ITEM ITSELF THAT, YOU KNOW, THIS IS FOR SMALL ESTABLISHMENT LIKE THAT WITH, WITH, YOU KNOW, LIMITED SEATING OF NO MORE THAN 10 OR NO MORE THAN A DOZEN, BECAUSE THAT WAY IT KEEPS WITH WHAT THE SPIRIT OF THIS IS. IT'S A GARDEN CENTER THAT HAPPENS TO HAVE A LITTLE CAFE. AND WE'RE NOT TALKING ABOUT A BAR OR A WINE CLUB OR ANYTHING LIKE THAT. THIS IS JUST A SMALL NEIGHBORHOOD PLACE. SO THE SPONSOR AGREES. I WOULD LIKE TO JUST PUT THAT 10 OCCUPANCY LIMIT AS PART OF THE LEGISLATION. UM, AND WHAT DID YOU SAY THE OCCUPANCY WAS? CURRENTLY THEIR BTR ALLOWS FOR, UH, 10 SEATS. IT'S A VERY SMALL CAFE. YEAH, I'VE BEEN, IT SEEMED LIKE MAYBE MORE THAN 10 WOULD FIT THERE. YEAH, THEY MAY HAVE ROOM FOR 10, BUT TECHNICALLY THEY'RE ONLY ALLOWED TO HAVE 10. AND IF THEY WERE GOING TO PROPOSE MORE THAN 10, THAT WOULD BE AN EXPANSION OF A NON-CONFORMING USE. SO, ALRIGHT. WELL LET'S START WITH 10. OKAY. YEAH. AND, UM, AND ALSO LET'S JUST MAKE SURE, YOU KNOW, HOW DOES THE VESTING WORK IN THIS SITUATION? 'CAUSE WHENEVER WE TALK ABOUT ALCOHOL IN THE PAST, WE'VE HAD CONVERSATIONS ABOUT VESTING, UH, MR. ATTORNEY, COULD YOU GUIDE US ON THAT? BE SURE. BECAUSE THIS IS AN AMENDMENT TO THE LDRS TO ALLOW ALCOHOL TO BE SERVED EVEN ON A LIMITED BASIS. UM, WHEN SOMEBODY COMES IN AND OBTAINS APPROVAL, BT RCU FOR AN ALCOHOLIC BEVERAGE ESTABLISHMENT, THEY WOULD BE VESTED IN THAT APPROVAL. UM, WHAT WE COULD DO HERE, IF, IF THE COMMISSION WANTED TO PRESERVE ITS ABILITY TO CHANGE HOURS AGAIN IN THE FUTURE, IS TO CLARIFY THAT THE, THE HOURS OF SALE ARE SUBJECT TO FUTURE CHANGE. AND I THINK THAT THAT'S REASONABLE. AGAIN, IT GOES ALIGNED WITH THE, WITH, WITH PRIOR LEGISLATION WE HAVE PASSED AND AUTHORITIES THAT WE AS A LEGISLATIVE BODY WOULD HAVE LIKED TO HAVE KEPT IN THE PAST. AND SO AND SO. I THINK IT JUST MAKES, UM, AT THIS POINT LEGISLATIVE SENSE TO ENSURE THAT WE RETAIN THAT AUTHORITY. OKAY. AWESOME. ALRIGHT. ARE THERE MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? [00:15:02] SEEING NONE IN PERSON ON ZOOM. SEEING NONE VIA ZOOM. UH, ANY OTHER COMMENTS FROM THE DAY? SEEING NONE. CAN WE SHOW THIS ITEM ADOPTED BY ACCLIMATION? YEP. ALL RIGHT. GOOD JOB. COMMISSIONER DOMINGUEZ. THANK YOU GUYS. AND I'D LIKE THE RECORD TO REFLECT THAT COMMISSIONER SUAREZ HAS SUBMITTED, UH, TO OUR MEETING. THANK YOU COMMISSIONER SUAREZ FOR JOINING US. UH, LET'S CALL UP [3. DISCUSS AMENDING THE LAND DEVELOPMENT REGULATIONS TO AUTHORIZE THE CITY COMMISSION TO APPROVE A FEE WAIVER BY RESOLUTION FOR LAND USE BOARD APPLICATION FEES FOR VARIANCES, WHERE THE VARIANCE IS REQUIRED TO MAKE REPAIRS OR IMPROVEMENTS TO CORRECT A DEFICIENCY IDENTIFIED IN A BUILDING RECERTIFICATION (MILESTONE) INSPECTION REPORT FOR A RESIDENTIAL APARTMENT BUILDING, CONDOMINIUM, OR COOPERATIVE.] ITEM NUMBER THREE. OKAY, MR. CHAIR. UH, ITEM NUMBER THREE IS DISCUSS AMENDING THE LAND DEVELOPMENT REGULATIONS TO AUTHORIZE THE CITY COMMISSION TO APPROVE A FEE WAIVER BY RESOLUTION FOR LAND USE BOARD APPLICATION FEES FOR VARIANCES WHERE VARIANCES REQUIRED TO MAKE REPAIRS OR IMPROVEMENTS TO CORRECT A DEFICIENCY IDENTIFIED IN A BUILDING RECERTIFICATION INSPECTION REPORT FOR A RESIDENTIAL APARTMENT BUILDING CONDOMINIUM OR COOPERATIVE. ALL RIGHT, THIS IS AN ITEM I PLACED ON THE AGENDA TO DISCUSS THE FEASIBILITY OF WAIVING LAND USE BOARD APPLICATION FEES FOR VARIANCES NEEDED TO MAKE REPAIRS OR IMPROVEMENTS BASED ON ISSUES IDENTIFIED IN RECERTIFICATION REPORTS FOR RESIDENTIAL BUILDINGS. AND AS WE ALL KNOW, ALL BUILDINGS HAVE TO GO THROUGH THESE RECERTIFICATIONS. UH, AND THE NOTATIONS MADE IN THOSE RECERTIFICATION REPORTS USUALLY RELATE TO SAFETY REQUIREMENTS, REQUIREMENTS NEEDED TO BRING THEIR BUILDINGS BACK UP TO THE STANDARDS OF TODAY'S CODE AND TO THE STANDARDS THAT ARE NEEDED FOR PUBLIC SAFETY. WHAT OCCURS IS THAT INDIVIDUALS, YOU KNOW, THEY'RE FORCED TO DO THESE REPAIRS AND AT TIMES THEY'VE HAD TO THEN GO BEFORE A LAND USE BOARD TO GET APPROVALS TO DO REPAIRS THAT THEY ARE REQUIRED TO DO IN ORDER TO OBTAIN THEIR RECERTIFICATION CERTIFICATE. AND THIS CAN BECOME OFTEN A COSTLY ENDEAVOR FOR ASSOCIATIONS, ESPECIALLY FOR CASH STRAPPED ASSOCIATIONS. AND SO WITH THE ASSISTANCE OF OUR CITY ATTORNEY AND OUR PLANNING DIRECTOR, WE'VE, WE'VE CRAFTED LEGISLATION TO, TO, TO HELP ADDRESS THAT. UH, AND I'D LIKE TO RECOGNIZE OUR CITY ATTORNEY TO WALK US THROUGH THE LEGISLATION THAT WE'VE CRAFTED TODAY TO HELP THOSE ASSOCIATIONS FACING THIS SCENARIO. SURE, I'D BE HAPPY TO. SO THE ORDINANCE HAS BEEN DRAFTED TO ALLOW THE CITY COMMISSION TO WAIVE BY RESOLUTION SOME OR ALL OF THE FEES ASSOCIATED WITH VARIANCE APPLICATIONS WHEN THE VARIANCE IS REQUIRED TO COMPLY WITH, UH, WITH AN APPLICABLE BUILDING RECERTIFICATION. SO IT WOULD ALLOW THE COMMISSION TO DO THAT ON A, ON A CASE BY CASE BASIS WHERE, UH, WHERE PROPERTY OWNER IS REQUIRED TO MAKE, UH, CHANGES TO THE PROPERTY. BUT TO DO SO, UM, THEY WOULD NEED A VARIANCE FROM ONE OF THE LAND USE BOARDS. GREAT. AND MR DON'T KNOW IF YOU HAVE ANY COMMENTS TO ADD REGARDING THIS LEGISLATION? NO. UH, MR. CHAIR, THE ONLY THING I WOULD ADD IS THAT, UH, IF THERE IS SUPPORT FOR THIS, IT WOULD BE SENT TO THE CITY COMMISSION FOR REFERRAL TO THE PLANNING BOARD AS AN LDR AMENDMENT. OKAY. UH, AND I'D LIKE TO RECOGNIZE GABRIEL CARAVANO THAT IS JOINING US TODAY AND THE MEMBERS OF HIS ASSOCIATION, UH, THEY, THEY'RE, THEY'RE AN EXAMPLE OF, UH, OF, OF A CONDOMINIUM ASSOCIATION THAT WAS GOING THROUGH A 40 YEAR CERTIFICATION. THEY FELT VICTIMS TO, TO WHAT WE CAN CALL PREDATORY ACTIVITY OF BAD CONTRACTORS THAT IN ESSENCE STOLE THEIR MONEY. THEY HAD TO THEN HIRE NEW CONTRACTORS, THEY HAD TO FILE APPLICATIONS TO GO BEFORE THE LAND USE BOARD, THAT THAT WAS GOING TO PUT THEIR MEMBERS IN A VERY DIFFICULT SET FINANCIAL SITUATION HAVE TO PASS, YOU KNOW, FURTHER ASSESSMENTS IN ORDER TO PAY FOR THIS. UH, AND THEY CAME TO ME PRETTY MUCH IN TEARS. THE, THE, THE COMMUNITY CAME TO ME IN TEARS FOR, WITH WHAT THEY WERE GONNA BE SUFFERING. AND GABRIEL, I WANNA RECOGNIZE YOU TO EXPLAIN TO, TO US WHAT, WHAT IT WAS THAT YOU EXPERIENCED AND WHY THIS LEGISLATION'S IMPORTANT FOR ASSOCIATIONS LIKE YOURS. SO, UH, I'M GONNA TRANSLATE FOR GABRIELLE. UM, MY NAME IS MIKE. I'M THE PROPERTY MANAGER FOR BOSTON PLAZA, AND I'M HERE REPRESENT THEM AS WELL. [00:20:09] OKAY. SO, UH, BUS, UH, THEY HAVE A NEW BOARD. THEY'VE BEEN STRUGGLING, YOU KNOW, FOR THE PAST YEARS WITH EITHER, UH, YOU SAID VENDORS TAKING ADVANTAGE OF THEM, UH, MISMANAGEMENT OF THEIR MONEY AS WELL, THEIR FUNDS. AND ONE OF THE BIGGEST ISSUE THEY HAD WAS, UH, THE, UM, THE 50 RAMIFICATION. SO, UH, THE MISUSE WAS ONE OF, AND THE, THE ADVANTAGES THEY WERE TAKEN CARE OF WAS WHAT LED THEM TO REACH OUT TO THE DPR AND, YOU KNOW, START THE WHOLE PROCESS OF REMOVING THE, THE BOARD THAT WAS BACK THEN. AND, AND AT THAT POINT THEY HAD FOUR RED TAGS. THE BUILDING WAS GONNA BE CLOSER TO THE REIFICATION. THAT'S WHAT THEY, THEY HAD TO ACT. UH, OKAY. SO PART OF THE, UH, CERTIFICATION IS REQUIRED FOR THEM TO PASS A PHOTOMETRIC, UH, TEST. THIS PHOTOMETRIC TEST, UH, TEST INCLUDED THEM. UH, THEY HAD TO INSTALL THREE POSTS, THREE LIGHT POSTS IN ORDER TO PASS THIS TEST. IF THEY WERE NOT, IF WE COULDN'T INSTALL THIS POST, WE WOULD NOT BE ABLE TO PASS THE CERTIFICATION, WHICH MEAN ANOTHER RED TAG AND POSSIBLE EVICTION OF ALL THE UNIT OWNERS SETBACK. SO AT THAT POINT, WE, SO WE CHANGED VENDORS DUE TO THE FACT THAT THEY WERE NOT TAKING THE INEFFICIENT, UH, THE CURRENT ENGINEER THAT WE HAD, UH, BEFORE HE WAS TERMINATED, HE HAD SENT A SAFE TO OCCUPY LETTER TO THE CITY. I'M SORRY, HE SENT A WHAT? A SAFE TO OCCUPY LETTER TO THE CITY. OKAY. THAT WAS GONNA GRANT US, UH, A COUPLE MORE MONTHS TO BE ABLE TO ACTUALLY GO THROUGH THE PROCESS OF VARIANCE, YOU KNOW, AND, AND TAKE CARE OF THINGS. AT THAT POINT, UH, THE MOMENT HE WAS TERMINATED, HE TOOK BACK HIS, UH, STATE TO OCCUPY LETTER LETTER AND LEFT US, UH, WITH NO, UH, WITH NO MEANS OF PROTECTION. YES. UH, CAN I, JUST FOR CLARIFICATION, UM, MAY, I'M NOT SURE IF THIS IS A TOM OR NICK QUESTION, BUT, UM, ARE VENDORS ALLOWED TO, UM, RESCIND LETTERS THAT THEY SWEAR UNDER OATH ARE LEGIT LEGITIMATE DOCUMENTATION CERTIFYING THAT SOMETHING IS, IS SAFE? I MEAN, THAT'S PUNITIVE AND RETALIATORY AND IT EITHER IS OR IT ISN'T SAFE. I THINK THE BEST WAY I CAN ANSWER THAT IS TO SAY THAT THE, THE PROPERTY OWNER IS THE MANAGEMENT COMPANY, THE ASSOCIATION, UM, MAY HAVE A CLAIM AGAINST THE INDIVIDUAL CONTRACTOR, BUT THAT WOULD, YOU KNOW, THAT WOULD BE A PRIVATE DISPUTE THAT THE BUILDING SHOULD, YOU KNOW, CONSIDER CONSULTING WITH AN ATTORNEY ON, CAN'T THE CITY SAY, I MEAN, IF YOU SUBMIT A DOCUMENT TO THE CITY IS SWEARING THAT SOMETHING IS TRUE, HOW DOES THAT GET RESCINDED FROM THE CITY'S POINT OF VIEW? LIKE HOW DO WE ALL OF A SUDDEN IT'S NO LONGER TRUE? I MEAN, I, I THINK THAT THE CHALLENGE THERE WOULD BE THE BUILDING DEPARTMENT WOULD HAVE TO DO ITS OWN EVALUATION OF, OF WHAT THE FACTS ARE, WHAT THE CONDITIONS ARE ON THE PROPERTY, AND, AND, AND MAKE A DECISION. OKAY, SORRY. UH, AT THAT POINT WE HAD TO INSTALL THE POST. WE HAD A, A TIME TIMELINE, AND SO WE WENT AHEAD AND INSTALLED THE POST. WE JUST DIDN'T DO IT, YOU KNOW, UH, WITHOUT ANY INFORMATION. WE ACTUALLY HAD AN ENGINEER, A NEW ENGINEERING TEAM TO GO AND TELL US WHAT WAS THE BEST PLACE, UH, SPOT TO PLACE THE, THE POST, UH, WITHOUT, UH, HAVING SPILLAGE INTO THE ADJACENT OR, OR NEIGHBORING, UM, PROPERTIES, UH, YOU KNOW, MEETING ALL THE OTHER REQUIREMENTS EXCEPT FOR THE DISTANCE FROM THE PROPERTY LINE. SO AT THAT [00:25:01] POINT, WE WENT AHEAD AND, AND WE INSTALLED THEM EVERYTHING WITH DRAWINGS, ARCHITECTURAL DRAWINGS, EVERYTHING THAT THE CITY WOULD NORMALLY REQUEST. AND WE INSTALLED THEM, WE WERE ABLE TO PASS THE CERTIFICATION. BUT THEN YOU HAVE TO GO NOW AFTER THE FACT, HAVING TO GO AND, UH, GET THESE APPROVALS, THESE VARIANCES FROM THE LAND, FROM THE BOARD OF ADJUSTMENTS. CORRECT. YES. AND I I AND HOW MUCH IS THAT COSTING YOUR ASSOCIATION? WELL, AT THIS POINT, JUST THE REIFICATION, WE HAVE TO PASS A SPECIAL ASSESSMENT TO ALL THE UNIT OWNERS. UH, WE HAVE 60 UNIT OWNERS, MAJORITY OF THEM ARE EL ELDERLY LIVING ON SOCIAL SECURITY, AND WE HAVE TO PASS THE SPECIAL ASSESSMENT ON 10 YEARS. SO ON TOP OF THAT, NOW WE HAVE TO PAY A VARIANCE, UH, TO BE ABLE TO, YOU KNOW, GET EVERYTHING IN ACCORDANCE. AND HOW MUCH IS A VARIANCE FOR YOUR, UH, BUILDING? I BELIEVE THEY TOLD US $18,000. HOW MUCH? 18,000. $18,000. UH, THAT'S JUST FOR THE CITY'S PART OF THE VARIANCE. THAT DOESN'T INCLUDE YOUR, THE, THE ENGINEER DO YOU NEED TO HIRE OR THE DRAWINGS OR ANYTHING LIKE THAT? THAT'S JUST FOR THE BUREAUCRATIC SIDE OF THE CITY. CORRECT. AND IT, IT'S A 50 50 CHANCE BECAUSE WE COULD STILL, WE, THE VARIANCE IS THE PROCESS OF GOING TO THE VARIANCE. WE CAN, WE, WE MIGHT STILL GET DENIED THE VARIANCE AT THE END. SO FOR US IS, WE KNOW IT'S A 50 50 CHANCE OF PAYING $80,000 PAYING ENGINEERS PAYING MATERIALS. SO WE HAVE TO RELOCATE THEM OR ANY, YOU KNOW, AND AT THAT POINT WE, WE REALLY CAN'T AFFORD IT. IT WAS A HARDSHIP ON THE OWNERS. YEAH. THAT'S THAT TRANSLATE THEN WE CAN BRING THIS INFORM AT, AT THIS POINT. UH, JUST TO TRANSLATE, THE COMMUNITY DOESN'T HAVE THE FUNDS. IT'S, THEY'RE STRUGGLING. LIKE I SAID, IT'S, UH, MOSTLY A ELDER COMMUNITY THAT LIVES THERE. THEY'VE BEEN UNIT OWNERS, MOST OF 'EM FROM, FROM THE DEVELOPMENT TIME. THEY'RE LIVING ON SOCIAL SECURITY. AND, AND AT THIS POINT, WE CANNOT FORCE 'EM TO HAVE ANOTHER SPECIAL ASSESSMENT IN TOP OF WHAT CURRENTLY HAVE. IT'LL BE A STRUGGLE FOR THEM. RIGHT. AND SO I ASKED 'EM TO COME AND SE BEFORE THE COMMITTEE, UH, BECAUSE I THINK THIS IS REPRESENTATIVE OF WHAT OTHER STRUGGLING ASSOCIATIONS MIGHT BE ENCOUNTERING, UM, YOU KNOW, SCRUPULOUS CONTRACTORS, UH, IRRESPONSIBLE BOARDS OR BAD MANAGEMENT IN THE PAST, IN ADDITION TO THEN HAVING TO DEAL WITH, UH, EXPENSIVE BUREAUCRACY OF BEING ABLE TO GET THEIR APPROVALS JUST TO BE ABLE TO COMPLY WITH THE RECERTIFICATION OF THEIR BUILDING, A RECERTIFICATION OF THEIR BUILDING. WHICH USUALLY THERE, THESE ARE SAFETY REQUIREMENTS THAT ARE REQUIRED, UH, OF THEM. AND SO, AND SO I THINK THIS, THIS SITUATION THAT'S HAPPENED WITH THIS BUILDING IS JUST, BUT ONE EXAMPLE OF MANY OTHER SITUATIONS THAT ARE HAPPENING IN OUR COMMUNITY. AND THIS LEGISLATION COULD POTENTIALLY PROVIDE SOME FINANCIAL RELIEF TO STRUGGLING INDIVIDUALS IN OUR COMMUNITY TO BE ABLE TO MAINTAIN THEIR PROPERTIES, UH, ESPECIALLY INDIVIDUALS LIVING ON FIXED INCOMES IN OUR ELDERLY. SO WITH THAT, UH, I WELCOME FEEDBACK FROM, FROM THE DAYS COMMISSIONER BOT. UM, SO I, I LIKE THIS IDEA A LOT. I THINK IT MAKES SENSE. WE'RE TRYING TO HELP PEOPLE AND INCENTIVIZE THEM TO TRY TO MAKE THE CHANGES THAT WE NEED THEM TO FOR COLLECTIVE SAFETY. UM, I'M CURIOUS TO KNOW HOW YOU THINK THE PROCESS WOULD WORK. YOU SAY IN HERE THAT THE COMMISSION WOULD APPROVE THESE I THESE WAIVERS, THE, THE WAIVERS OF THE FEES. AND SO I WORRY THAT WE'RE GONNA BECOME A GLORIFIED ZONING BOARD IF, IF THIS IS SOMETHING THAT THERE ARE A LOT OF REQUESTS FOR. IS IT SOMETHING THAT CAN BE HANDLED ADMINISTRATIVELY OR DONE IN SORT OF A COLLECTIVE, UM, OR DONE ON CONSENT LIKE IT'S PROVIDED TO US, YOU KNOW, HERE ARE THE FIVE, UM, PROPERTIES, HERE'S THE TOTAL, HERE'S, WE THINK THESE THREE ARE GREAT. WE THINK THESE TWO DON'T QUALIFY. AND THEN I DON'T WANNA GET INTO THE WEEDS HERE, BUT I DO WANNA, LIKE, TIME IS SO PRECIOUS ON COMMISSION MEETINGS. RIGHT. ANYHOW, AND, AND, AND I BELIEVE, AND I'LL, AND I'LL DEFER TO THE ADMINISTRATION. I BELIEVE IT WAS A RECOMMENDATION OF THE ADMINISTRATION THAT ANY DECISION TO WAIVE FEES FOR VARIANCES, UH, APPLICATIONS, IT SHOULD BE APPROVED. IT SHOULD BE UP TO THE CITY COMMISSION. UM, I THINK, YOU KNOW, THE, THE SUBJECT OF THE VARIANCE THAT WOULD STILL BE PART OF THE JURISDICTION OF THE, OF THE BOA. UM, BUT WHAT WOULD ACTUALLY COME TO THE COMMISSION ITSELF WOULD BE THE CONSIDERATION OF THE FEE WAIVER. AND TOM, I DON'T KNOW IF YOU WANT TO EXPAND AS TO THE ADMINISTRATIVE RECOMMENDATION AS TO THE CITY COMMISSION BE THE ONE TO APPROVE THE WAIVER OF THE FEES. YES. UM, MR. CHAIR, I'LL JUST ADD TO THAT, THAT AFTER LOOKING AT THIS CAREFULLY, WE WOULD RECOMMEND THAT ANY WAIVER OF FEES BE, UH, UNDER THE SOLE PURVIEW OF THE COMMISSION. FROM [00:30:01] A PROCEDURAL STANDPOINT, I BELIEVE THESE TYPES OF REQUESTS COULD POTENTIALLY BE DONE AS PART OF A CONSENT AGENDA. UM, WE DON'T ANTICIPATE THAT THERE WOULD BE A LOT OF THESE, AND THE COMMISSION COULD DECIDE ON A CASE BY CASE BASIS WHETHER OR NOT A FEE WOULD BE, UH, APPROPRIATE TO WAIVE OR NOT. THERE MAY BE CIRCUMSTANCES WHERE IT WOULDN'T BE APPROPRIATE TO WAIVE THE FEE, UM, BUT THERE WOULD BE, UM, A NUMBER OF CIRCUMSTANCES POTENTIALLY WHERE THE WAIVER OF THE FEE WOULD BE APPROPRIATE AND AN APPLICATION AND AN ASSOCIATION WOULD MAKE AN APPLICATION TO THE PLANNING BOARD FOR A FEE WAIVER. AND THEN THE ADMINISTRATION WOULD PLACE THAT ON A CONSENT AGENDA WITH EITHER A FAVORABLE OR AN UNFAVORABLE RECOMMENDATION FOR US TO ACCEPT. CORRECT. OKAY. AND IT'S, DOES THAT, UH, SATISFY, UH, THE CITY ATTORNEY'S OFFICE? WOULD THIS PROCESS SATISFY THE CITY ATTORNEY'S OFFICE? YES. ALRIGHT. ARE THERE ANY OTHER COMMENTS FROM THE DAIS? UM, I KNOW THIS IS WELL INTENDED AND I APPLAUD THAT. I, I WONDER IF THERE'S ANY, UM, UM, PROOF OF FINANCIAL HARDSHIP THAT'S REQUIRED BECAUSE I, YOU KNOW, I THINK THIS IS WELL INTENDED. WHAT I DON'T WANT IS IT, FOR IT TO BE ABUSED BY PEOPLE WHO DON'T NEED THE HELP, AND SO MANY PEOPLE COULD, IS THERE A POSSIBILITY TO ADD A REQUIREMENT TO, TO SHOW, IF YOU WANTED TO INCLUDE A PROVISION FOR THE APPLICATION CONTAINING A STATEMENT OF FINANCIAL HARDSHIP? YOU COULD CERTAINLY DO THAT. YEAH. YEAH. AND I'M HAPPY TO INCLUDE THAT AS PART OF THE REQUIREMENTS OF THIS. UM, UM, I'M HAPPY TO INCLUDE THAT. BUT IN, IN ALL, IN, IN ALL REALITY, I REALLY DO BELIEVE THAT WHEN, WHEN SOME, WHEN A VARIANCE IS TO GET INDIVIDUALS TO COMPLY WITH 40 YEAR RECERTIFICATIONS, ANYTHING THAT WE CAN DO TO REDUCE COSTS, FRANKLY, WE SHOULD BE DOING. AND SO, YOU KNOW, I, YOU KNOW, I, THEY'RE ALREADY GOING THROUGH A BUREAUCRATIC PROCESS. UM, AND, YOU KNOW, WE WANT TO ENCOURAGE INDIVIDUALS TO DO THIS AND TO DEAL WITH AS FEW EXTRA COSTS AS POSSIBLE. AND SO I JUST DON'T WANT AN, AN ASSOCIATION JUST BECAUSE THEY MIGHT NOT NECESSARILY HAVE A FINANCIAL HARDSHIP. THEY MAY HAVE ALREADY BEEN DEALING WITH FRAUDULENT CONTRACTORS, AND IT DOESN'T MEAN THAT THEY HAVEN'T ALREADY BEEN VICTIMIZED BY A FAILED SYSTEM. AND, FOR EXAMPLE, INDIVIDUALS REPORT THINGS ALL THE TIME TO DBPR. THEY MIGHT NOT BE A FINANCIALLY STRUGGLING, STRUGGLING ASSOCIATION, BUT THAT DOESN'T MEAN INDIVIDUALS HAVEN'T BEEN VICTIMIZED BY BAD CONTRACTORS, BY BAD ENGINEERS, BY INDIVIDUALS WHO WORK TOGETHER. YOU KNOW, YOU DO A REPORT SAYING SOMETHING THAT'S UNSAFE, AND I COME ON THE OTHER SIDE AND I'M GONNA TRY TO GET THE BUSINESS IN ORDER TO FIX IT. AND, YOU KNOW, UH, AND I'M A RELATIVE OF THE MANAGEMENT COMPANY AND, YOU KNOW, WE KNOW THESE THINGS HAPPEN. AND SO EVEN IF INDIVIDUALS ARE NOT FINANCIALLY IMP PERIL, THEY BECOME VICTIMS. AND I THINK, YOU KNOW, THIS IS ONE OF THE FEW THINGS WE CAN DO TO HELP THOSE INDIVIDUALS, UH, EVEN IF THEY'RE NOT THE ONES THAT ARE, YOU KNOW, THE MOST CASH STRAPPED. UH, SO I AGREE WITH THAT. I, BUT WHAT I DON'T WANT IS PEOPLE TO JUST THINK THAT IT IS AS OF RIGHT THAT THEY CAN RIGHT. UM, COME AND GET THESE FEES WAIVED. RIGHT. THERE NEEDS TO BE SOME KIND OF, YOU KNOW, WE'VE BEEN TRYING TO DO IT, BUT TERRIBLE CIRCUMSTANCES HAPPENED, OR, YOU KNOW, WHERE WE HAVE FINANCIAL CONSTRAINTS OR WHATEVER. LIKE, I JUST DON'T WANT SOME SUPER WEALTHY BUILDING THAT HAS NOT HAD ANY BUGS IN THE SYSTEM, UM, RIGHT. TO HAVE AN ISSUE. COMMISSIONER DOMINGUEZ? YEAH. THANK YOU FOR BRINGING THIS FORWARD. UH, UM, FROM WHAT I GATHERED, THE STATE ADMIN ADMINISTRATION SAID THIS WASN'T A BLANKET, IT WAS CASE BY CASE. MM-HMM . SO I DON'T THINK THERE WOULD BE A WORRY THAT THERE WOULD BE A RUBBER STAMP OF PEOPLE GETTING THIS THROUGH. I AGREE WITH YOU THAT, UM, MR. CHAIR, IT'S SO IMPORTANT AS A COMMUNITY TO TRY TO HELP BECAUSE NOT ONLY ARE BUILDINGS DOING 40 AND 50 YEAR RECERTIFICATIONS, BUT NOW, UH, THE STATE AND COUNTY HAS OTHER REQUIREMENTS. THEY'RE HAVING TO FUND RESERVES NOW BECAUSE OF HURRICANES IN THE CITY, INSURANCE HAS GONE UP 200%. SO ANY LITTLE BIT THAT WE CAN DO TO HELP THE CONDOMINIUMS IS REALLY IMPORTANT. YEAH. AND IF NOT, WE'RE GONNA ONLY BECOME, AGAIN, A CITY WHERE ONLY RICH PEOPLE CAN AFFORD TO, TO, TO, TO LIVE IN. AND YOU MIGHT NOT BE POOR, BUT THAT DOESN'T MEAN THAT YOU, YOU KNOW, HAVE A HUGE SAVINGS ACCOUNT TO BE ABLE TO GET NOW ANOTHER ASSESSMENT AND PAY FOR SOMETHING EXTRA. YOU KNOW, MR. ATTORNEY, I JUST WANT TO ASK YOU SOMETHING ELSE, BECAUSE AGAIN, A LOT OF TIMES, YOU KNOW, IT'S NOT JUST [00:35:01] THE COST OF THESE APPLICATIONS, BUT IT'S ALSO THE TIMING. UH, AND SOMETIMES, YOU KNOW, RIGHT NOW THE BO OA DOESN'T HAVE THE BIGGEST AGENDA, BUT THESE THINGS CHANGE OVER TIME. SO WE GO THROUGH CYCLES OF THESE THINGS. COULD WE MAKE SURE THAT WHEN THESE APPLICATIONS GO BEFORE OUR, OUR BOARDS AS IT RELATES TO APPLICATIONS THAT ARE TO COMPLY WITH THESE, UM, WITH THESE RE CERTIFICATIONS THAT THEY TAKE PRIORITY CONSIDERATION ON THE AGENDA OF THOSE BOARD, WE CAN INCLUDE THAT. OKAY. AND IF, IF THERE'S NO OPPOSITION FROM THE COMMITTEE, I'D LIKE TO INCLUDE THAT IN, IN THE LEGISLATION. 'CAUSE THAT WAY WE DON'T HOLD BACK THESE INDIVIDUALS WHO ARE ACTUALLY OUR RESIDENTS IN OUR CITY. OKAY. ARE, ARE THERE ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE IN PERSON, ANY VIA ZOOM? NONE VIA ZOOM. COMMISSIONER, BAD. AND THEN WE'LL MOVE THE ITEM. NO, I JUST WANNA SAY, I THINK WE'RE HAVING SOME TECHNICAL ISSUES WITH ZOOM AND NOT EVERYBODY IN THE PUBLIC CAN HEAR, UM, OR SEE WHAT'S GOING ON. SO I JUST WANNA MAKE SURE, I DUNNO IF IT'S BEEN RESOLVED YET, OR NO. ALRIGHT. OUR CITY ATTORNEY, I DO SEE PEOPLE ON ZOOM. THE QUESTION IS, CAN THEY SEE OR HEAR US? 'CAUSE I'VE HAD TWO PEOPLE SAY THAT THEY COULDN'T. OKAY. ALRIGHT. SO, SO WHILE THEY FIGURE THAT OUT, IS THERE A MOTION ON THE TABLE FOR ITEM NUMBER THREE? I'LL MOVE IT AS AMENDED. OKAY. MOVED AS AMENDED. UH, SECONDED BY THE CHAIR. CAN WE SHOW THIS? ADOPTED BY, BY ACCLIMATION? MM-HMM . WONDERFUL. THANK YOU. THANK YOU. THANK. ALL RIGHT, MR. [4. DISCUSS AMENDING THE NOTICE REQUIREMENTS FOR AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRS) AND COMPREHENSIVE PLAN, TO PERMIT THE CITY TO USE A PUBLICLY ACCESSIBLE WEBSITE HOSTED BY MIAMI-DADE COUNTY AS AN ALTERNATIVE MEANS OF PUBLISHING NOTICES AND ADVERTISEMENTS WHICH ARE CURRENTLY REQUIRED TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION.] DIRECTOR, LET'S INTRODUCE ITEM NUMBER FOUR. OKAY. MR. CHAIR, ITEM NUMBER FOUR IS DISCUSS AMENDING THE NOTICE REQUIREMENTS FOR AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN TO PERMIT THE CITY TO USE A PUBLICLY ACCESSIBLE WEBSITE HOSTED BY MIAMI-DADE COUNTY AS AN ALTERNATE MEANS OF PUBLISHING NOTICES AND ADVERTISEMENTS, WHICH ARE CURRENTLY REQUIRED TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION. COMMISSIONER SUAREZ, THIS IS YOUR FAVORITE THEME OF LEGISLATION. YES, IT IS. AFTER VOTERS SAVING TAXPAYERS, UH, THEIR MONEY. UH, NICK, MAYBE YOU CAN ALSO SPEAK TO THIS. SO THESE ARE SOME OF THE LOOPHOLES THAT WE, UH, ARE CLOSING UP AS FAR AS SAVING ON NOTICES, UM, AS IT RELATES TO PAPERS OF, UH, GENERAL NEW CIRCULATION. SURE. I'D BE, I'D BE HAPPY TO. SO I'VE RECENTLY, THE FLORIDA LEGISLATURE ADOPTED A LAW THAT ALLOWS LOCAL GOVERNMENTS TO PUBLISH NEWSPAPER, UH, NEWSPAPER NOTICE, UH, NEWSPAPER NOTICE ON A WEBSITE, A PUBLICLY ACCESSIBLE WEBSITE HOSTED BY, UH, MIAMI DADE COUNTY. THE COST OF PUBLISHING NOTICES ON, ON THE, UH, ON THE COUNTY'S WEBSITE IS CONSIDERABLY LOWER THAN PUBLISHING IN THE, IN THE NEWSPAPER. UM, THIS IS A COMPANION ORDINANCE TO OTHER ORDINANCES THAT THE CITY COMMISSION HAS PASSED OR IS CURRENTLY CONSIDERING, UH, TO ALLOW THE CITY TO PUBLISH NOTICES ON AMENDMENTS TO THE COMPREHENSIVE PLAN OR AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS ON THE COUNTY WEBSITE INSTEAD OF IN THE NEWSPAPER AND, AND THROUGH THE CHAIR. I MOVE MY ITEM I SECOND YOU. MOVED BY COMMISSIONER SAR. SECONDED BY COMMISSIONER DOMINGUEZ, MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM. NONE IN PERSON, NONE ON ZOOM. CAN WE SHOW THIS ADOPTED BY ACCLAMATION? YES. ALL RIGHT, MR. DIRECTOR, LET'S INTRODUCE ITEM NUMBER [6. EXPLORE ZONING INCENTIVES AND IDENTIFY APPROPRIATE ZONING DISTRICTS TO ENCOURAGE THE DEVELOPMENT OF SCHOOLS AND OTHER EDUCATIONAL FACILITIES.] SIX. OKAY. ITEM NUMBER SIX IS EXPLORE ZONING INCENTIVES AND IDENTIFY APPROPRIATE ZONING DISTRICTS TO ENCOURAGE THE DEVELOPMENT OF SCHOOLS AND OTHER EDUCATIONAL FACILITIES. COMMISSIONER SUAREZ, THIS IS AN ITEM WE SPONSORED TOGETHER TO CONSIDER POTENTIAL ZONING INCENTIVES TO ENCOURAGE THE DEVELOPMENT OF SCHOOLS AND OTHER EDUCATIONAL FACILITIES. YOU'RE WELCOME TO, UH, INTRODUCE THIS. YEAH, I THINK THE LAST TIME WE TOUCHED BASE ON THIS, WE HAD A SUNSHINE MEETING. UH, AND NO, ACTUALLY WE, WE HAVE A MEETING HERE, AND THEN WE, WE THOUGHT IT WASN'T ENOUGH. YEAH. UM, AND SO I WOULD WELCOME STAFF TO REC TO SEE WHAT YOU HAVE RECOMMENDED TO REALLY INCENTIVIZE, UM, OUR, OUR IDEA. OKAY. I CAN GO AHEAD AND GO OVER THAT. UM, AS COMMISSIONER SUAREZ MENTIONED THE LAST TIME THIS WAS DISCUSSED WITH LAND USE, THE ADMINISTRATION PRESENTED AN INITIAL SET OF POTENTIAL INCENTIVES, AND THE DIRECTION OF THE COMMITTEE WAS TO TAKE A LOOK AT THOSE AND COME UP WITH EVEN MORE ROBUST INCENTIVES. SOME OF THE ADDITIONAL, MORE ROBUST INCENTIVES THAT WE'VE, UH, COME UP WITH INCLUDE THE FOLLOWING, REMOVAL OF MANDATORY DESIGN REVIEW BOARD APPROVAL FOR EDUCATION FACILITIES UP TO A CERTAIN HEIGHT AND INTENSITY THRESHOLD, AND THE TRANSFER OF THE SITE PLAN AND DESIGN [00:40:01] REVIEW APPROVAL TO STAFF. UH, NUMBER TWO WOULD BE ELIGIBLE EDUCATIONAL FACILITIES MAY REQUEST A COMMISSION WARRANT FOR AN INCREASE IN ALLOWABLE INTENSITY, FAR IN BUILDING HEIGHT. UH, ITEM NUMBER THREE, UH, ELIGIBLE EDUCATIONAL FACILITIES MAY REQUEST A COMMISSION WARRANT FOR REDUCTIONS IN SETBACKS, OPEN SPACE LOT COVERAGE AND SIMILAR DEVELOPMENT REGULATIONS THAT WOULD AVOID THE NEED TO REQUEST A VARIANCE FROM EITHER THE BOARD OF ADJUSTMENT OR THE APPLICABLE LAND USE BOARD. UH, NUMBER FOUR, IN COMMERCIAL AND HIGH INTENSITY ZONING DISTRICTS, CONDITIONAL USE APPROVAL WOULD NOT BE REQUIRED FOR ELIGIBLE EDUCATIONAL FACILITIES. UM, AND ITEM NUMBER FIVE, UM, ELIGIBLE EDUCATIONAL FACILITIES WILL HAVE NO MINIMUM OFF STREET PARKING REQUIREMENT. THIS WOULD NOT PROHIBIT SCHOOLS FROM PROVIDING OFF STREET PARKING, BUT IT WOULD NOT MANDATE A CERTAIN MINIMUM NUMBER OF SPACES REGARDING, UM, APPLICATIONS THAT MAY BE LOCATED IN LOCAL HISTORIC DISTRICTS. UH, THERE MAY BE A WAY TO ALSO FOREGO THE NEED FOR HPB APPROVAL. UM, IF THERE IS DIRECTION TO MOVE IN THAT, UM, AREA, WE WOULD JUST WANT TO DO A LITTLE BIT MORE RESEARCH TO MAKE SURE THAT SUCH A CHANGE DID NOT RUN AFOUL OF THE, UM, REQUIREMENTS OF THE CITY. CHARTER. COMMISSIONER SUAREZ. UH, THANK YOU MR. CHAIR. UH, YOU KNOW, ONE OF THE SCHOOLS THAT ARE OPENING UP BASE CAMP 3 0 5, THEY, THEY WENT THROUGH SIGNIFICANT CHALLENGES THROUGH THE HPB AND I THINK IT COST 'EM TO THE TUNE OF MILLIONS OF DOLLARS AND JUST, AND JUST SIMPLE DESIGN CHANGES THAT KEPT ON BECOMING BEFORE THEM WHEN, WHEN THEY WENT TO THE BOARD, UM, AND TO THE POINT WHERE THE OPERATOR WAS VERY, VERY FRUSTRATED ABOUT THE WHOLE PROCESS. UM, AND I, I, I, I CERTAINLY WOULD BE OKAY WITH, UM, REMOVING THE APPROVAL PROCESS FROM HVV, UH, AND THE, AND THE DRV FOR SPECIFICALLY FOR SCHOOLS UP INTO A CERTAIN HEIGHT, UH, OR, OR, OR STANDARD, UM, TOM AND THROUGH THE CHAIR, WHAT OTHER THINGS COULD WE ADD? HAVE YOU LEFT ANYTHING OFF THE TABLE? WE HAD A, WE HAD ALSO IDENTIFIED PREVIOUSLY THINGS THAT ARE OUTSIDE THE DEVELOPMENT REVIEW ARENA, AND THAT INCLUDES THINGS LIKE, UH, PREVENT POTENTIALLY PROVIDING FOR ON STREET PARKING SPACES TO USE AS DROP OFF AND PICK UP WITHOUT REQUIRING A FEE. UH, POTENTIALLY PROVIDING CITY PARKS AND RECREATIONAL FACILITIES FOR USE OF THE STUDENTS OF A SCHOOL, UM, DURING CERTAIN TIMES OF THE DAY. UM, THOSE WERE A COUPLE OF THE ADDITIONAL THINGS THAT, THAT WE HAD COME UP WITH. I THINK CERTAINLY THE PROVISION OF ON STREET PARKING SPACES, IF THEY'RE AVAILABLE, UM, AND THEY CAN BE ADMINISTRATIVELY APPROVED, IS SOMETHING THAT I THINK COULD HELP, UH, A NUMBER OF OF SCHOOLS, ESPECIALLY WHEN THEY'RE, YOU KNOW, OUTSIDE OF A COMMERCIAL CORRIDOR. I THINK IT'S ONE OF THE THINGS THAT, THAT IT, IT'S A NO BRAINER TOOL TO OFFER THESE SCHOOLS COMMISSIONER BOND. UM, I, I LIKE THE IDEA OF ENCOURAGING MORE, UM, SCHOOLS TO STATE THEIR CLAIM HERE IN MIAMI BEACH. I DO WORRY A LITTLE BIT ABOUT, UM, THE PARKING FOR STAFF, ESPECIALLY SINCE SOME OF THESE SCHOOLS WOULD BE SMALLER, THEY'D BE POTENTIALLY IN RESIDENTIAL NEIGHBORHOODS. UM, I'M THINKING JUST IN THE AREAS WHERE I WALK THE DOGS UP IN NORTH BEACH, THERE ARE A COUPLE SCHOOLS THAT ARE, UM, YOU KNOW, TUCKED AWAY IN THE MIDDLE OF, OF A HUNDRED PERCENT RESIDENTIAL AREAS. AND I WORRY THAT THE PEOPLE WHO WORK THERE AREN'T GONNA HAVE A PLACE TO PARK BECAUSE THEY DON'T HAVE ADJACENT PARKING FACILITIES. THERE'S NO LOT UP THERE. SO, UM, I JUST DUNNO HOW WE HANDLE THAT EXACTLY THROUGH THE CHAIR. YES. UM, I, WELL, I THINK THE INFRASTRUCTURE IS ALREADY THERE. COMMISSIONER BOT, THE RESIDENTIAL SPACES, I THINK GOING TO EFFECT, UM, NOT GOING TO EFFECT. THEY GO OUT OF EFFECT WHERE THEY'RE NON-RESIDENTIAL FROM SEVEN TO 6:00 PM AND SO IF YOU'RE IN SCHOOL, YOU CAN PARK IN A RESIDENTIAL NEIGHBORHOOD UNTIL 6:00 PM SCHOOL USUALLY GETS OUT AT TWO 30, MAYBE THREE 30 FOR SOME PRIVATE SCHOOLS. UM, SO I, I THINK THERE'S ADEQUATE PARKING IF IT'S IN, IN OR NEAR A RESIDENTIAL NEIGHBORHOOD. UM, I KNOW THERE'S A TWO HOUR MAXIMUM WAIT OR TWO HOUR WHERE YOU HAVE TO MOVE THE CAR. ONE SPACE. I'M SURE WE CAN MAYBE MAKE A PROVISION, UH, WHERE IF YOU ARE A TEACHER AT THAT SCHOOL OR STAFF, YOU, YOU, YOU'RE NOT BOUND BY THAT, UM, REQUIREMENT TO MOVE YOUR CAR EVERY TWO HOURS. BUT, YOU KNOW, FROM WHAT I UNDERSTAND, THERE'S PLENTY OF PARKING DURING THE DAY. IT'S AT NIGHT WHEN THERE'S A CONSTRAINT ON PARKING. I THINK JUST MAYBE BETWEEN NOW AND WHEREVER THIS GOES NEXT, WE JUST DO A LITTLE GUT CHECK ON THE PARKING SITUATION DURING THE DAY, BECAUSE [00:45:01] I'VE NEVER LOOKED AT IT WITH THIS THROUGH THIS LENS OF, OH, ARE THERE PLENTY OF PLACES TO PARK DURING THE DAY? UM, YOU KNOW, I LOOK AT IT SORT OF LIKE, WHERE, WHERE ARE CONTRACTORS PARKING? BUT I DON'T SEE BIG BLOCKS THAT ARE JUST EMPTY. AND I JUST WANNA MAKE SURE THAT WE'RE NOT ASSUMING SOMETHING WHEN, YOU KNOW, UM, IF THAT'S, IF THAT'S THE CASE, THAT'S GREAT. IF NOT, LET'S JUST FIGURE OUT HOW TO SOLVE THAT ISSUE. YEAH. AND, AND TOM, ANY, DID WE MAKE ANY CONCESSION ON FAR OR, OR HEIGHT? UM, IT'S, IT'S ONE OF THE, THERE, IT'S ONE OF THE RECOMMENDATIONS IN OUR ITEM IS TO, UH, FOR, FOR THEM TO BE ABLE TO REQUEST A COMMISSION WARRANT, CORRECT. BOTH FOR HEIGHT AND FOR FAR, WHICH I THINK IS PART OF WHAT WE DISCUSSED IN OUR SUNSHINE MEETING. OKAY. AND HOW WOULD THAT COMMISSION WARRANT, UH, WORK? UH, TOM, WHAT WE WOULD DO IS IF, UM, THE LAND USE COMMITTEE ENDORSES THIS, WE COULD EITHER BRING BACK A DRAFT ORDINANCE TO THE COMMITTEE OR BRING A DRAFT ORDINANCE TO THE COMMISSION FOR REFERRAL TO THE PLANNING BOARD. AND UNDER THE WARRANT PROCESS, WE WOULD SET UP A PROCEDURE FOR THE COMMISSION TO CONSIDER WARRANTS FOR THE INCREASE IN FAR SPECIFIC TO EDUCATIONAL FACILITIES, AS WELL AS ANY OTHER, UH, DEVELOPMENT REGULATION RELIEF LIKE SETBACKS, OPEN SPACES, LOCK COVERAGE, AND HEIGHT. CORRECT. AND, UH, IN, IN THOSE COMMERCIAL DISTRICTS WHERE SCHOOLS MAY BE LOOKING TO, UH, OPEN UP AT THE CONDITIONAL USE APPROVAL WOULD NO LONGER BE REQUIRED AS PART OF THE RECOMMENDATIONS TO TODAY A CONDITIONAL USE IS REQUIRED, BUT WE'RE TRYING TO INCENTIVIZE THIS OR WE'RE SAYING IF YOU WANNA OPEN A SCHOOL AND LET'S SAY YOU'RE NOT ASKING FOR A WARRANT OR ANYTHING LIKE THIS, UH, YOU WOULDN'T HAVE TO DO THROUGH, GO THROUGH THE CONDITIONAL USE BUREAUCRATIC PROCESS THAT YOU WOULD HAVE TO GO THROUGH TODAY. THAT'S CORRECT. OKAY. ALRIGHT. SO DO WE WANT TO REFER TO BACK TO LA USE OR, I THINK LET'S HAVE IT MOVE FORWARD. WE DON'T NEED IT MOVING BACK. WE NEED IT MOVING FORWARD FOR THE GOOD OF OUR EDUCATIONAL COMMUNITY SERVICE TO THE PLANNING BOARD. NEXT WITH THE DRAFT, WE'LL, WE'LL BRING IT TO THE COMMISSION, UH, DRAFT ORDINANCE COMMISSION FOR REFERRAL TO THE PLANNING BOARD. I'LL SECOND COMMISSIONER SU'S MOTION? YES. ALRIGHT. CAN WE SHOW THIS ADOPTED BY ACCLAMATION? YEP. ALRIGHT. EXCELLENT. MR. DIRECTOR, LET'S INTRODUCE [7. DISCUSS AND CONSIDER ADOPTING A “LIVE BETTER” PROGRAM, INCLUDING ZONING AND OTHER INCENTIVES, TO PROMOTE ATTAINABLE HOUSING SOLUTIONS IN MIAMI BEACH FOR MIDDLE-INCOME INDIVIDUALS AND FAMILIES.] ITEM NUMBER SEVEN. OKAY. ITEM NUMBER SEVEN IS DISCUSS AND CONSIDER ADOPTING A LIVE BETTER PROGRAM, INCLUDING ZONING AND OTHER INCENTIVES TO PROMOTE ATTAINABLE HOUSING SOLUTIONS IN MIAMI BEACH FOR MIDDLE INCOME INDIVIDUALS AND FAMILIES. ALRIGHT, THANK YOU MR. DIRECTOR. ONE OF OUR COMMUNITY'S, UH, BIGGEST CHALLENGES IS THE RISING COST OF LIVING, AND PARTICULARLY HOUSING MIDDLE INCOME FAMILIES HAVE INCREASINGLY BEEN SQUEEZED OUT OF THE MARKET A TREND SEEING NATIONWIDE. BUT I THINK THAT ESPECIALLY HOLDS TRUE IN CITIES LIKE OURS HERE IN MIAMI BEACH, WHERE THE DEMAND FOR HOUSING IS HIGH AND AVAILABILITY OF AFFORDABLE WORKFORCE AND ATTAINABLE HOUSING IS, YOU KNOW, IS EXTREMELY LOW. THE FINANCIAL STRUGGLES FACED BY FAMILIES, UM, IN, IN OUR AREA, INCLUDING MIAMI BEACH, IS WIDELY AND FREQUENTLY REPORTED ON, UH, OUR AREA'S. COST OF LIVING IS 30% HIGHER THAN THE NATIONAL AVERAGE, AND SADLY, WE ARE ONE OF THE MOST FINANCIALLY STRETCHED CITIES IN THE UNITED STATES, EVEN SURPASSING NEW YORK, LA, AND SAN FRANCISCO. TO ADDRESS THIS, I AM SPONSORING LEGISLATION TO CREATE THE LIVE BETTER PROGRAM AIMED AT PROVIDING RENTAL HOUSING FOR MIAMI BEACH RESIDENTS FROM LOWER INCOME FAMILIES TO WHAT IS NEW HERE, UH, AS PART OF A LEGISLATIVE INTENT, WHICH IS THE MISSING MIDDLE. SO WE'RE NOT FORGETTING ABOUT THE LOWER INCOME FAMILIES, BUT WE'RE GOING BEYOND LOWER INCOME. WE'RE GOING BEYOND WORKFORCE TO ADDRESS THIS SEGMENT OF THE POPULATION THAT IS APPROPRIATELY NAMED THE MISSING MID MIDDLE, BECAUSE EVERYONE FORGETS ABOUT AND EVERYONE MISSES TO ADDRESS BOTH OF WHOM ARE BEING PRICED OUT OF THE MARKET. THE MISSING MIDDLE ARE PEOPLE WHO EARN TOO MUCH TO QUALIFY FOR AFFORDABLE HOUSING, BUT EARN TOO LITTLE TO AFFORD MARKET RATE OR LUXURY HOUSING. THIS POLICY IS INTENDED TO GUIDE ALL FUTURE DEVELOPMENT INCENTIVES IN OUR CITY. AT ANY TIME THE CITY COMMISSION CONSIDERS NEW RESIDENTIAL INCENTIVES, I FEEL THERE SHOULD BE A MINIMUM STANDARD OR THRESHOLD THAT IS CONSISTENTLY APPLIED. AND TO ESTABLISH A CLEAR AND MEASURABLE BENCHMARK FOR FUTURE DEVELOPMENTS, I'M PROPOSING THAT WE CREATE A DEFINITION FOR ATTAINABLE HOUSING, AND THIS WOULD PROVIDE CLARITY AND SET A CONSISTENT REFERENCE POINT FOR DEVELOPERS AND DECISION MAKERS, INCLUDING [00:50:01] OUR LAND USE BOARDS. RIGHT NOW, OUR RESIDENTS ARE AT RISK OF BEING PRICED OUT OF OUR CITY. THIS PROGRAM IS AIMED TO AS A DIRECT RESPONSE TO THE CHALLENGE AND AIMS TO CREATE A SUSTAINABLE PIPELINE OF AFFORDABLE AND ATTAINABLE OPTIONS FOR EVERYONE. PART OF OUR PROBLEM IS THE LACK OF, OF NEW INVENTORY IN OUR CITY THAT IS ATTAINABLE RENTAL INVENTORY. MOST OF NEW PROJECTS IN MIAMI BEACH ARE LUXURY DEVELOPMENTS AND SIMPLY LIMITING THE UNIT SIZE, I FEEL, DOES NOT GUARANTEE THAT RENTAL PRICES WILL BE AFFORDABLE OR MODERATE. AND JUST YESTERDAY AT OUR RETREAT, WE WERE, WE WERE HEARING ABOUT HOW ON A PUBLIC PIECE OF PROPERTY WITH SUBSIDIZED FINANCING, WE WERE SEEING A 500 SQUARE FOOT UNIT, I THINK THEY WERE SEEING WAS OVER 2,500, UH, RENT THAT WAS BEING ASKED FOR. SO IT GOES TO INDICATE THAT EVEN WHEN IT'S SUBSIDIZED, EVEN WHEN IT'S PUBLIC PROPERTY LIMITING A UNIT SIZE DOESN'T NECESSARILY EQUATE TO ATTAINABLE RENTAL RATES. ONE OF THE OBJECTIVES OF THIS POLICY IS TO INCENTIVIZE DEVELOPMENTS THAT SPECIFICALLY CATER TO RENTERS, PROVIDING THEM WITH MODERN AMENITIES. TYPICALLY FOUND IN LUXURY DEVELOPMENTS HERE, MIAMI BEACH AT A MORE ACCESSIBLE PRICE POINT. ADDITIONALLY, THE PROPOSAL CONTEMPLATES ZONING CHANGES, FINANCIAL INCENTIVES AND REGULATORY ADJUSTMENTS THAT MAKE IT EASIER AND MORE ATTRACTIVE TO BUILD HOUSING THAT MEETS THE NEEDS OF OUR WORKFORCE AND MIDDLE INCOME HOUSEHOLDS. TO ENSURE THIS POLICY IS COMMUNITY INFORMED, WE INTEND TO LAUNCH A COMMUNITY HOUSING NEEDS ASSESSMENT SURVEY TO GATHER VALUABLE INPUT FOR RESIDENTS. FOR EXAMPLE, WHAT ARE OUR HOUSING NEEDS OF OUR RESIDENTS? HOW MUCH IS OUR WORKFORCE EARNING THOSE INDIVIDUALS WHO ARE LEAVING OUR CITY AT FIVE O'CLOCK? HOW MUCH ARE THEY EARNING? AND AT WHAT PRICE POINT CAN THEY AFFORD TO RENT SO THAT WE CAN CREATE THAT TYPE OF INVENTORY HERE IN MIAMI BEACH? HOW MUCH ARE THEY CURRENTLY SPENDING ON HOUSING OFF THE BEACH SO THAT WE KNOW WHAT'S OUR TARGET POINT OF WHAT WE NEED TO DEVELOP, DEVELOP IN OUR CITY TO CATER TO THAT WORKFORCE. AND THAT WILL HELP US REFINE THIS POLICY AND ENSURE THAT WE ACCURATELY, UH, LEGISLATE SOMETHING THAT REFLECTS THE NEEDS AND THE DESIRES OF THE PEOPLE WHO NOT ONLY LIVE HERE, BUT WHO ALSO, UH, WORK HERE. SO MY COMMITMENT IS THAT FOR THIS NOT ONLY TO BE A POLICY, BUT FOR THIS TO BE A VISION, UH, FOR MIAMI BEACH, A VISION FOR MIAMI BEACH THAT REMAINS VIBRANT AND ACCESSIBLE FOR EVERYONE. AND WITH THAT, I WANNA RECOGNIZE OUR PLANNING DIRECTOR TO GUIDE US FURTHER ON HOW WE FURTHER DEVELOP THIS POLICY AND HOW WE CAN REALLY CREATE SOMETHING THAT CREATES NOT ONLY RENTAL HOUSING, BUT RENTAL HOUSING THAT SERVES THE NEEDS OF THOSE WHO ARE BEING PUSHED OUT OF OUR COMMUNITY. SURE. UM, MR. CHAIR AND, AND MEMBERS OF THE COMMITTEE, UM, CONCURRENT WITH THE, UH, DEVELOPMENT OF, UH, A DEFINITION FOR ATTAINABLE HOUSING BY ESTABLISHING THE APPROPRIATE A MI, UM, THE, UH, COMPREHENSIVE SURVEY THAT THE CHAIR SPOKE ABOUT WILL GO A LONG WAY IN INFORMING, UM, THE DRAFTING OF POLICY THAT WILL IMPLEMENT A LIVE BETTER PROGRAM. AND THE DRAFTING OF THAT POLICY WOULD BE BASED UPON CREATING INCENTIVES FOR ACTUALLY BUILDING THIS TYPE OF HOUSING. UM, ONE OF THE THINGS THAT WE FACE, NOT JUST IN SOUTH FLORIDA AND FLORIDA, BUT NATIONALLY, IS THE LACK OF ATTAINABLE HOUSING, THE LACK OF HOUSING FOR THE MIDDLE, UM, THE FORGOTTEN MIDDLE. UM, AND NATIONALLY WHAT WE'VE SEEN IS FINDING WAYS TO INCENTIVIZE THE BUILDING OF THAT IS ONE OF THE BEST WAYS TO ADDRESS IT. UM, WHEN, UM, THE APPROPRIATE, UM, SURVEY IS COMPLETED AND IT INFORMS THE TYPES OF INCENTIVES THAT CAN BE DEVELOPED, WE CAN THEN BEGIN TO IDENTIFY THE MOST APPROPRIATE LOCATIONS TO INCENTIVIZE THE BUILDING OF THIS TYPE OF HOUSING. AND SO WE THINK THAT BY FIRST HAVING THE RESULTS OF A SURVEY, UM, DEFINING THE PARAMETERS OF THAT SURVEY, AND THEN HAVING THE RESULTS OF THAT SURVEY, WE CAN THEN COME BACK TO THE COMMITTEE, UM, WITH MORE INFORMED RECOMMENDATIONS ON POTENTIAL POLICIES, UM, THAT WOULD, UM, BE TRUE INCENTIVES FOR THIS TYPE OF HOUSING. WONDERFUL. AND JUST TO GIVE THE PUBLIC, JUST FOR THOSE THAT DON'T HAVE THE SURVEY, UH, YOU KNOW, WE'RE, WE'RE, WE'RE ASKING THE PUBLIC IN THIS SURVEY, UM, BOTH OUR RESIDENTS AND THOSE WHO WORK IN OUR CITY, UH, THE CURRENT HOUSING SITUATION, WHETHER THEY OWN OR RENT THE TYPE OF HOUSING THAT THEY LIVE IN, HOW LONG THEY'VE BEEN IN [00:55:01] THEIR CURRENT HOUSING, HOW MUCH THEIR MONTHLY RENT OR MORTGAGE IS, WHETHER THEY OWN OR THEY RENT, WHAT SIZE HOUSING ARE THEY MOST IN NEED OF, UH, WHAT ARE THE MOST IMPORTANT FEATURES THAT THEY LOOK FOR WHEN MAKING A HOUSING DECISION? UM, YOU KNOW, FOR SOME PEOPLE IT'S NOT JUST AFFORDABILITY. SOME PEOPLE REALLY NEED, YOU KNOW, LAUNDRY IN THEIR UNITS AND NOT EVERYONE OFFERS THAT, OR FOR OTHER PEOPLE AS PROXIMITY TO PUBLIC TRANSPORTATION OR FOR OTHER PEOPLE AS PROXIMITY TO WORK OR SCHOOLS OR OTHERS AS COMMUNITY AMENITIES. UM, HOW MUCH SPACE DO PEOPLE NEED IN ORDER TO LIVE COMFORTABLY? UH, AND OTHER QUESTIONS THAT CAN HELP, UH, GUIDE, UH, THIS, THIS POLICY. AND, AND AGAIN, TO, TO THE CHAIR'S POINT, UH, TO THE DIRECTOR'S POINT, UH, WHAT WE SEEK TO DEFINE HERE IS AN APPROPRIATE A MI THROUGH THE OUTCOME OF THE SURVEY, WHAT WOULD BE AN APPROPRIATE A MI FOR ATTAINABLE HOUSING UNITS AND ADD THESE TO THE PROVISIONS OF OUR CITY CODE, IDENTIFY THOSE AREAS BASED ON THE RESPONSES THAT WE GET FROM THE, FROM FROM THE SURVEY, IDENTIFY THE AREAS IN OUR CITY WHERE WE SHOULD BE DIRECTING THESE INCENTIVES TO IDENTIFY WHAT WOULD BE THE PROPER, UH, ZONING INCENTIVES, UM, AND IDENTIFY, YOU KNOW, OTHER INCENTIVES THAT MAY BE NEEDED BESIDES ZONING, YOU KNOW, WHETHER IT'S CITY FEES, UM, OR CERTAIN ADMINISTRATIVE REVIEWS FOR, FOR PROJECTS THAT, UH, MEET THE DEFINITION OF ATTAINABLE HOUSING. WITH THAT, I'M GONNA OPEN THE FLOOR TO MY COLLEAGUES. I WELCOME YOU, YOUR, YOUR FEEDBACK AND, UH, YOU, YOU ALL ARE GOING TO BE AN IMPORTANT PART OF THIS PROCESS. SO I THINK THIS IS A GREAT INITIATIVE AND I APPLAUD YOU FOR THINKING ABOUT HOW TO ADDRESS THIS. I THINK IT'S TERRIFIC. UM, UH, I'M VERY CURIOUS TO SEE WHAT THE FEEDBACK IS FROM THE SURVEY. UH, ONE OF THE THINGS I WOULD SUGGEST, A SMALL TWEAK ON THE SURVEY, UM, IS THE QUESTION ABOUT WHICH ARE THE MOST IMPORTANT, IMPORTANT FEATURES THAT YOU LOOK FOR. I WOULD ACTUALLY ASK THEM TO RANK IT, UM, NOT JUST IDENTIFY. UM, AND THE OTHER QUESTION I HAD IS, HOW, HOW ARE YOU GOING TO, WHO'S GONNA BE ASKED TO ANSWER THESE SURVEYS? UM, ARE WE HIRING, UH, AN EXTERNAL SOURCE, UH, PROVIDER TO DO THIS? OR ARE WE DOING THIS INTERNALLY? UM, I WANNA OBVIOUSLY MAKE SURE THERE ARE NO SHORT TERM RENTALS ALLOWED. E EVEN IF THE BUILDINGS ARE BUILT IN A SHORT TERM RENTAL ZONE, I MEAN, RIGHT. WE CAN, WE CAN PROFFER WHATEVER THE, WHATEVER THE DEVELOPMENT BECOMES. UM, WE CAN PROFFER THAT AND, AND WE HAVE CONTROL OVER THAT. UM, SURE. UH, BUT I'M, I'M VERY CURIOUS TO SEE WHERE THIS GOES. IT'S A GREAT INITIATIVE, SO THANK YOU. THANK YOU. AND, UH, AND I WANT TO THANK, UH, MY, MY, MY OFFICE STAFF, MONICA MATTEL SALINAS, AND ALSO KARA PETRE WHO HAVE BEEN, UH, MEETING WITH THE CITY ADMINISTRATION AND OTHER STAKEHOLDERS ON HOW TO PROPERLY DO THIS. WE, WE HAVE THREE OPTIONS ON HOW WE COULD POTENTIALLY, UH, DO THIS. ONE OPTION WOULD WOULD BE TO DO AN ONLINE CITY LED AND CITY HOSTED SURVEY. THAT WOULD BE ONE OPTION. THE OTHER OPTION WOULD BE A UNIVERSITY LED, UH, IN PERSON, UH, SURVEY. OR THE ALTERNATIVE WOULD BE A CONSULTANT LED SURVEY. I DON'T FEEL WE SHOULD BE PAYING MONEY FOR THIS. UM, BUT I ALSO LIKE THE INDEPENDENCE OF NOT ONLY HAVING THE CITY DO IT, BUT HAVING A UNIVERSITY COME IN, REACH OUT TO THE NEIGHBORHOOD, MEET WITH THE NEIGHBORHOOD CANVAS NEIGHBORHOODS FOR A UNIVERSITY FROM AN ACADEMIC LEVEL TO CONDUCT THIS, THIS OUTREACH. AND I SAY WE HAVE DR. ROSENFELD IN THE, IN THE AUDIENCE. I DON'T KNOW IF DR. ROSENFELD, IF YOU MIND, IF I RECOGNIZE YOU TO GUIDE US ON HOW, ON HOW UH, UNIVERSITY LED, UH, PARTNERSHIP, UH, COULD BE FRAMED TO GET THE MOST, THE, THE MOST VALUABLE DATA TO HELP GUIDE THIS POLICY. GOOD AFTERNOON. NO, YOU, UH, NOW YOU'RE ON. HERE YOU GO. THANK YOU. UH, GOOD AFTERNOON. UH, LESLIE ROSENFELD, CHIEF EDUCATION OFFICER, UH, UM, CHAIR FERNANDEZ. I WAS LISTENING TO, UH, WHAT YOU'RE SEEKING, UH, BASED ON, UH, AND THE CONVERSATIONS I'VE HAD WITH YOUR STAFF. IF THERE IS A DESIRE TO PARTNER WITH A UNIVERSITY. WE CURRENTLY DO HAVE, UH, VERY ROBUST PARTNERSHIPS WITH MANY UNIVERSITIES HERE IN SOUTH FLORIDA. UH, WE, UM, HIRE THEIR STUDENTS AS PAID INTERNS, UH, THROUGHOUT THE YEAR. UH, AND THEY'RE VERY SUCCESSFUL, UH, PARTNERSHIPS. SO PERHAPS WITH THE INFORMATION, UH, THAT'S BEEN, UH, DEVELOPED, WE CAN [01:00:01] REACH TO OUR UNIVERSITY PARTNERS, GAUGE THEIR INTEREST IN WORKING WITH US AND PROVIDING AN OPPORTUNITY FOR THEIR STUDENTS, UH, PERHAPS IN A SPECIFIC SCHOOL AT A, AT A UNIVERSITY, UH, AND THEN DETERMINE, UH, NEXT STEPS. GREAT. WELL, AND, AND I KNOW THAT, UM, THAT, THAT OUR OFFICE OF OF EDUCATION AND PERFORMANCE INITIATIVES, WHICH YOU LEAD VERY PROFESSIONALLY, AND I THANK YOU FOR THAT. 'CAUSE IT REALLY IS ONE OF THE HIGHLIGHTS OF OUR CITY GOVERNMENT. YOU HAVE, UH, PARTNERSHIPS, UH, WITH, UM, WITH FIU THAT WE'VE EXPLORED IN, IN THE PAST. FIU HAS THE OFFICE OF RESEARCH AND ECONOMIC DEVELOPMENT, UM, ALSO HAS THE OFFICE OF CIVIC AND COMMUNITY ENGAGEMENT. AND PERHAPS THOSE ARE ENTITIES THAT WE COULD LOOK AT. UH, BECAUSE I, I, I DO THINK, UM, I, I DO THINK THAT THERE ARE SEVERAL BENEFITS TO A UNIVERSITY LED SURVEY. UH, I THINK THIS APPROACH CAN ENHANCE THE CREDIBILITY OF WHAT WE'RE DOING. I THINK A LOT OF TIMES WHEN THE PUBLIC HEARS OF INITIATIVES LED BY THE GOVERNMENT HAVING TO DO WITH ZONING POLICIES, THEY'RE ALWAYS VERY SKEPTICAL. AND THIS REALLY, THIS ISN'T LED BY DEVELOPERS. THIS IS LED BY A DESIRE TO ADDRESS THE HOUSING NEEDS OF OUR RESIDENTS AND OUR WORKFORCE. AND THE POLICY NEEDS TO ORIGINATE FROM THE FEEDBACK, UH, OF THOSE RESIDENTS AND WORKFORCE. AND I THINK IF WE HAVE A UNIVERSITY LED SURVEY, RESIDENTS MAY BE MORE LIKELY TO PARTICIPATE IN THE SURVEY, UM, VIEWING IT MORE IMPARTIALLY AND MORE AS A MORE TRUSTWORTHY SOURCE, IN ADDITION TO THE FACT THAT I THINK UNIVERSITIES MAY HAVE ACCESS TO GRANTS AND FUNDING SOURCES THAT COULD POTENTIALLY SUPPORT A SURVEY INITIATIVE, YOU KNOW, AND HOPEFULLY REDUCING WHAT WOULD BE THE FINANCIAL IMPACT TO THE CITY. UM, AND SO, I DON'T KNOW, UM, MR. DIRECTOR, WHAT DIRECTION DO YOU NEED FROM, FROM THE COMMITTEE TODAY? IS IT A RECOMMENDATION BACK TO THE CITY COMMISSION TO ENGAGE IN THE SURVEY AND BASED ON THE OUTCOME OF THAT SURVEY TO CRAFT THE POLICIES WITHIN IN ITEMS ONE THROUGH FOUR? YEAH, I THINK THAT WOULD BE GOOD. AND PERHAPS YOU WANT TO LEAVE THE ITEM ON THE LAND USE AGENDA. SO AT THE COMPLETION OF THE SURVEY, WE CAN COME BACK TO THE LAND USE COMMITTEE WITH SOME, UH, DRAFT INCENTIVES. OKAY. DO WE NEED TO, DO WE NEED TO SEND THIS BACK TO COMMISSION FOR ANY ACTION AT COMMISSION? YES. I THINK AS TO THE SURVEY, BUT I AGREE WITH TOM, I WOULD KEEP THE ITEM IN COMMITTEE FOR, YOU KNOW, TO, TO CONTINUE WORKING ON THE POLICY. SO, SO IT'D BE PROPER TO, UH, MAKE A MOTION OR TO CONSIDER A MOTION AT THIS TIME, UH, RECOMMENDING A, A RESOLUTION TO THE CITY COMMISSION APPROVING CONDUCTING A SURVEY, A UNIVERSITY LED SURVEY WITH THE OUTCOMES OF THAT SURVEY TO HELP CRAFT, UH, ITEMS ONE THROUGH FOUR IN THE SUMMARY OF OUR, OF OUR AGENDA ITEM THAT COULD THEN COME BACK TO THE LAND USE COMMITTEE. IS THAT WHAT I'M HEARING, MR. DIRECTOR? YEAH. AND BASICALLY YOU WOULD BE RECOMMENDING THROUGH A RESOLUTION THAT THE CITY COMMISSION AUTHORIZED THE UNIVERSITY LED SURVEY, AND NUMBER TWO, THAT THIS ITEM WOULD BE CONTINUED TO A FUTURE DATE. SO AT THE COMPLETION OF THE SURVEY, WE COULD COME BACK TO YOU. UM, POLICY RECOMMENDATIONS. POLICY RECOMMENDATIONS BASED UPON THE SURVEY. ALRIGHT. IS THERE A MOTION? I'LL MOVE IT. GREAT JOB. IT'S BEEN MOVED IN A SECOND. I'M SORRY. IS THERE ANY OTHER COMMITTEE INPUT? I'M SORRY, COMMISSIONER DOMINGUEZ? NO, I KNOW WE WON'T. I'M SORRY. I KNOW WE NEED TO MOVE THE MEETING ALONG. WE HAVE A LOT OF THINGS ON HERE. UH, BUT GREAT JOB. I WAS VERY IMPRESSED WITH, UH, THE AMOUNT OF WORK AND TIME AND EFFORT THAT YOU'VE PUT IN TO, UH, ENSURING THAT THE MIDDLE IS ACCOUNTED FOR AND STAYS HERE IN MIAMI BEACH. AND I TOO AM LOOKING FORWARD TO SEEING THE RESULTS OF THE SURVEY. I LIKE THE CREATIVITY OF HAVING, UM, A UNIVERSITY LED SURVEY. SO WELL DONE. THANK YOU. AND HOPEFULLY THIS CAN BE AN OVERARCHING POLICY FOR FUTURE POLICIES AND IN THE FUTURE. ANY OTHER FEEDBACK? ANY UH, COMMENTS FROM MEMBERS OF THE PUBLIC? SEEING NONE IN PERSON, NONE ON ZOOM. WITH THAT, WE CAN SHOW THIS ITEM ADOPTED. UH, MR. DIRECTOR, LET'S MOVE ON TO [8. 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.] ITEM NUMBER EIGHT. OKAY, MR. CHAIR. ITEM NUMBER EIGHT IS EXPEDITE THE OPENING OF THE BAY WALK AND MOVE THE DEVELOPMENT OF THE BAY. WALK UP ON THE GEO BOND PRIORITIZATION LIST AND PRESENT THE BAY WALK PLAN TO THE LAND USE COMMITTEE. COMMISSIONER DOMINGUEZ. THANK YOU. UH, AND LET'S HEAR FROM, UH, DAVID GOMEZ AND, UH, HERE WHAT THE PROGRESS IS ON THE BAY WALK AND THE PEDESTRIAN BRIDGE, PLEASE. GOOD AFTERNOON. IT'S GREAT TO BE HERE WHEN I HAVE GOOD NEWS. UH, DAVID GOMEZ, DIRECTOR OF CAPITAL IMPROVEMENTS. UH, THE REPORT I HAVE FOR YOU TODAY IS THAT, AS YOU MAY HAVE SEEN IN THE LTC THAT WENT OUT RECENTLY, AS WELL AS THE ACTIVITY ON SITE, THE DEVELOPER HAS MOBILIZED TO THE PEDESTRIAN BRIDGE SITE ON THE SOUTH SIDE OF FIFTH STREET AT THE CAUSEWAY. THEY'VE BEGUN INSTALLING THEIR MOT AND THEY WILL BEGIN THE PROCESS OF RELOCATING THE UNDERGROUND UTILITIES TO MAKE WAVE FOR FOUNDATIONS IN THE BRIDGE STRUCTURE. UM, JUST AS AN UPDATE [01:05:01] TO THE LTC THAT WAS SENT, THEY CURRENTLY, UH, TOOK OVER PART OF THE RIGHT TURN LANE COMING OFF THE CAUSEWAY. THEY WILL BE REOPENING THAT INTERMITTENTLY WHEN THEY'RE EITHER NOT ON SITE OR, OR DURING THE WEEKEND, UH, UNTIL THEY BRING IN THE, THE HEAVIER EQUIPMENT THAT THEN THEY WON'T BE ABLE TO KEEP THAT LANE OPEN. BUT THEY WILL BE DOING THAT INTERMITTENTLY TO TRY TO KEEP THE, THE LANE OPEN AS MUCH AS POSSIBLE. UM, THIS IS THE UNDERGROUND PORTION OF IT OR THE UTILITY RELOCATE PORTION. WE ARE STILL FINALIZING THE PERMITS FOR THE STRUCTURE ITSELF, WHICH WE ANTICIPATE TO HAVE IN THE NEXT COUPLE OF MONTHS WELL AHEAD OF THEM NEEDING IT IN ORDER TO BEGIN THE STRUCTURE AND THE FOUNDATIONS, THE UPDATE FOR THE BAY WALK ITSELF, THE 10TH TO 12TH STREET BAY WALK, THEY'RE ACTUALLY IN THE FINAL STAGES. THEY'RE INSTALLING THE LAST OF THE BEAMS IN THE WALKWAYS. UM, AND THEY REMAIN ON SCHEDULE TO COMPLETE BY THE END OF THIS MONTH. THAT UPDATE WAS AS RECENTLY AS TODAY. SO IT, IT LOOKS LIKE WE WILL BE DONE BEFORE THE END OF THE MONTH. WHAT'S GOING ON WITH SOUTH BAY, SOUTH BAY CLUB IS, WE HAD A, ACTUALLY HAD A MEETING WITH THEIR BOARD LAST WEEK. UM, IT IS A NEW BOARD AND THEY WERE NOT QUITE AS OPEN, UH, TO THE BAY WALK AS THE PREVIOUS BOARD WAS. UM, WE DID MEET WITH THE CITY ATTORNEY AND THEIR ATTORNEY, AND WE MADE SOME ADJUSTMENTS OR TWEAKS TO THE EASEMENT AGREEMENT. UM, WE RECEIVED ASSURANCES FROM THEIR ATTORNEY THAT THEY WILL FIGURE IT OUT AND, AND MOVE FORWARD WITH IT, BUT THEY ARE GOING THROUGH THE PROCESS OF GETTING IT APPROVED BY THEIR RESIDENTS. AND, UM, WHAT ABOUT BAYVIEW TERRACE? BAYVIEW TERRACE AND BAY GARDEN MANOR? BAYVIEW TERRACE IS IN A SIMILAR SITUATION AS BAY SOUTH BAY CLUB IN THAT WE HAVE A, A A, AN EASEMENT AGREEMENT IN PLACE, OR EXCUSE ME, WE'VE DEVELOPED AN EASEMENT AGREEMENT THAT THEY'RE REVIEWING. UM, BAY GARDEN MANOR IS THE BUILDING THAT WAS, UH, ESSENTIALLY PURCHASED BY A DEVELOPER. THEY OWN MOST OF THE UNITS AND THEY'RE LOOKING TO REDEVELOP. SO WE'RE LOOKING AT THAT, UH, DEVELOPMENT PROPOSAL, UH, AND WHAT THAT MEANS TO THE BAY WALK ITSELF. GOING BACK TO SOUTH BAY CLUB, I THOUGHT WE HAD A SIGNED AGREEMENT ALREADY. WE HAVE A SIGNED AGREEMENT WITH A, UH, DRB ORDER. THE LOCATION OF THAT ORIGINAL AGREEMENT IS, IS NOT IDEAL IN TERMS OF THE SEA WALL LOCATION AND, AND WORK THAT POTENTIAL FUTURE WORK THAT NEEDS TO HAPPEN FOR THE SEA WALL. SO WE HAD PROPOSED ADJUSTING THE LOCATION OF THE EASEMENT TO, TO SIMPLIFY THAT AND MAKE THAT A LITTLE CLEANER. UM, THAT'S THE REVISION THAT THEY'RE, THAT THEY'RE LOOKING AT. I DID EXPLAIN TO THE BOARD THAT IF THEY CAN'T AGREE ON, ON THE NEW LAYOUT, WE'LL JUST GO BACK TO THE ORIGINAL. RIGHT. BECAUSE WE HAVE SOMETHING SIGNED AND IMPROVED. CORRECT. SO, UM, AND ARE THERE ANY EXPIRATIONS ON THAT SIGNED AGREEMENT OR DRB ORDER? I WANNA MAKE SURE NOTHING LAPSES. NOT THAT I'M AWARE OF, NO. CAN YOU DOUBLE CHECK? ABSOLUTELY. IT IS A RECORDED EASEMENT, SO THERE SHOULDN'T BE AN ISSUE, BUT I WILL DOUBLE CHECK. OKAY. THANK YOU COLLEAGUES. I'M JUST VERY EXCITED ABOUT THE MOBILIZATION THAT HAPPENED. UH, MONDAY, UH, COMMISSIONER DOMINGUEZ, YOU'VE, YOU, YOU, YOU KNOW, YOU KEPT THE IRON HOT ON THIS. UM, AND, UH, I SEE HECTOR IS HERE FROM THE DEVELOPERS TEAM. AND, UH, AND YOU KNOW, THE FACT THAT WE'VE REACHED THIS POINT THAT, YOU KNOW, THE UTILITIES AND THE TREES ARE BEING RELOCATED TO MAKE WAVE FOR, FOR, FOR THE BRIDGE, UH, YOU KNOW, IT'S, IT'S GOOD MOVEMENT. IT IS VERY WELCOME TO GOOD NEWS AND, UH, AND, AND GOOD MOVEMENT. SO I'M HAPPY. IF I COULD JUST ADD ONE MORE THING JUST IN THE LAST FEW MINUTES. YOU SHOULD HAVE RECEIVED THE SAVE THE DATE INVITATION FOR A POTENTIAL GROUNDBREAKING. I GOT IT. SO WE ARE SCHEDULING THAT IN COORDINATION WITH THE, UH, DEVELOPERS, UH, PUBLIC INFORMATION FOLKS. AND I AND I, AND I JUST WANNA SAY AGAIN, BECAUSE YOU KNOW, THE, YOUR, YOUR PERSISTENCE COMMISSIONER DOMINGUEZ, YOU PLACED THIS ITEM ON THE AGENDA MONTH AFTER MONTH AFTER MONTH. YOU'VE BEEN PUTTING THE PRESSURE ON AND IT'S ULTIMATELY BEEN TO THE RESIDENTS BENEFIT. NOW, AFTER YEARS OF WAITING, PEOPLE KEPT ON ASKING US WHAT'S GOING, WHAT'S GOING ON WITH THAT BRIDGE? AND, YOU KNOW, IT WAS ON CHANNEL 10 YESTERDAY. IT WAS ON WORLD RED EYE ON SOCIAL MEDIA, UH, AND WE CAN FINALLY SAY, YOU KNOW, IT'S FINALLY MOVING FORWARD. SO, UH, THANK YOU FOR YOUR PERSISTENCE. WELL, THANK YOU, MR. CHAIR. AND IT ACTUALLY PRECEDES ME 'CAUSE OUR LATE COMMISSIONER, MARK SAMUEL, UH, WAS LEADING THE CHARGE ON GETTING THE BAY WALK COMPLETED AND THE PED BRIDGE. SO IT'S LIKE, WOW. WE'RE HERE. UM, I DO HAVE ONE OTHER QUESTION. I GOT A MEETING REQUEST FROM THE ICON AND THE BENTLEY BAY. WHAT CONCERNS DO THEY HAVE? HAVE THEY REACHED OUT TO YOU? THEY, IF THEY'VE REACHED OUT TO THE TEAM, I HAVEN'T HEARD IT YET. OKAY. UM, I THINK I DID SEE SOMETHING ABOUT IT. THEY REACHED OUT WANTING A MEETING ABOUT THE PED BRIDGE. SO I'M JUST CURIOUS. I'LL, I'LL DOUBLE CHECK AND FIND OUT WHAT THAT'S ABOUT. I'M NOT UP TO SPEED ON. OKAY. [01:10:02] YES. COMMISSIONER DOMINGUEZ, WHAT YOU, YOU JUST MENTIONED SOMETHING. MM. THIS BRIDGE HAS, YOU, YOU, YOU'VE LED THE CHARGE ON IT, CONTINUE PUSHING IT FORWARD, BUT WE KNOW WHY YOU'VE LED THIS CHARGE BECAUSE IT WAS SOMETHING SO IMPORTANT TO OUR LATE FRIEND AND, AND DEAR COLLEAGUE MARK IAN. AND, YOU KNOW, SINCE WE'RE IN THE SUNSHINE AND WE DON'T HAVE THESE OPPORTUNITIES THAT OFTEN, MAYBE IT'S, MAYBE IT'LL BE A BEAUTIFUL TRIBUTE, UH, SINCE IT WAS SOMETHING THAT HE PUSHED FOR SO, SO MUCH TO THINK ABOUT DEDICATING THIS BRIDGE AND HIS HONOR AND SOMETHING THAT WE SHOULD NAMING IT FOR HIM, NAMING IT FOR HIM. I, I WOULD BE THRILLED WITH THAT. YOU'RE GONNA MAKE ME CRY. UM, UH, IF IT'S SOMETHING THAT COULD BE BROUGHT TO THE FULL COMMISSION FOR A VOTE, I WOULD HAPPILY SPONSOR THAT. CO-SPONSOR THAT WITH YOU. YEAH. AND, AND, UH, YES. ABSOLUTELY. AND I THINK WE SHOULD WORK ON A REFERRAL FOR THAT BECAUSE, YOU KNOW, IT, IT REALLY, IT, YOU'RE DOING IT, BUT YOU DO IT WITH HEART. THIS IS NOT JUST A POLITICAL ITEM FOR YOU. IT'S SOMETHING THAT YOU REALLY HAVE FOUGHT FOR WITH SO MUCH ENERGY, WITH SO MUCH PASSION MONTH AFTER MONTH, DEALING WITH A BUREAUCRACY. UH, BUT YOU DO IT IN THE NAME OF OUR DEAR COLLEAGUE, OUR DEAR FRIEND WHO'S, UH, WHO IS NOT HERE PUSHING FOR IT, BUT IS HERE PRESENT THROUGH YOU PUSHING FORWARD IT. AND I THINK IT'S THE RIGHT THING TO, TO DO AS THIS PROJECT MOVES FORWARD. THANK YOU. SO I THINK WE COULD SHOW THAT BY ACCLIMATION. LET'S SHOW THAT RECOMMENDATION TO THE CITY COMMISSION SO THAT WHEN THIS IS FINALLY UP, WE CAN HAVE THIS THERE IN HIS NAME AND HONOR. THAT SOUNDS AMAZING. ALL RIGHT. SO BY ACCLIMATION, LET'S DO THAT MIGHT HAVE TO BE JUST THE MARK BRIDGE 'CAUSE IT'S A SHORT BRIDGE. SOME, SOME, YOU KNOW. YEAH. THANK YOU. ALL RIGHT. WITH THAT, UH, ANY OTHER, ANYTHING ELSE WITH THIS ITEM, MR. DIRECTOR? NO. UM, AND I THINK THAT THIS WILL BE MOVED TO THE FEBRUARY MEETING FOR AN ADDITIONAL UPDATE. CORRECT. EXCELLENT. OKAY. YES. ALL RIGHT. YAY. THANK YOU, DAVID. WELL BLESS. YES, WE LIKE THAT. ALL RIGHT. UH, LET'S [10. MONTHLY UPDATES ON HISTORIC HOTEL REDEVELOPMENT ON COLLINS AVENUE BETWEEN 14TH AND 20TH STREETS, INCLUDING AN OVERVIEW OF PENDING PERMITS AND PROGRESS UPDATES FROM DEVELOPMENT TEAMS.] CALL UP ITEM NUMBER 10, MR. DIRECTOR. OKAY. ITEM NUMBER 10 IS, UH, MONTHLY UPDATES ON HISTORIC HOTEL REDEVELOPMENT ON COLLINS AVENUE BETWEEN 14TH AND 20TH STREET, INCLUDING AN OVERVIEW OF PENDING PERMITS AND PROGRESS UPDATES FROM DEVELOPMENT TEAMS. ALL RIGHT. AND THIS IS AN ITEM THAT I PLACED ON THE, ON THE AGENDA, IS YOU, WE HAVE SO MANY BUILDINGS THAT ARE PART OF OUR ICONIC SKYLINE THAT ARE UNDER CONSTRUCTION HELD UP BY STICKS. IT CONCLUDES YOUR PHRASE. YES. HELD UP BY STICKS, BEING HELD UP BY, BY BY STICKS. AND, YOU KNOW, IT NOT ONLY AFFECTS THE HISTORIC CHARACTER OF OUR COMMUNITY, WE'RE CERTAINLY VERY HAPPY, UH, THAT INVESTMENTS ARE BEING MADE IN THESE BUILDINGS, BUT THEIR DELAYED CLOSURE DOES HAVE AN IMPACT ON OUR COMMUNITY, ON THE BUSINESSES, AND ON OUR OVERALL, UM, OUR OVERALL DIS QUALITY OF LIFE DEALING WITH THOSE CONSTRUCTION SITES. SO, UM, OUR, OUR PLANNING DEPARTMENT HAVE REACHED OUT TO, TO THESE PROPERTY OWNERS. AND, UH, TOM, I BELIEVE YOU HAVE AN UPDATE OF WHERE WE ARE WITH THESE DIFFERENT CONSTRUCTION PROJECTS. YES. UM, MR. CHAIR, UM, IN TERMS OF THE PERMITTED PROJECTS THAT ARE ON THE LIST THAT WAS PROVIDED IN THE LAND USE COMMITTEE MEMO, THE DELANO HOTEL AT 1685, COLLINS AVENUE IS A FULLY ACTIVE CONSTRUCTION SITE. UH, 90% OF THE NEW WINDOWS HAVE BEEN INSTALLED AND THEY ARE PROCESSING A REVISION PERMIT. UM, THEY HAVE INDICATED THAT CONSTRUCTION CONTINUES AT FULL SPEED AND THAT THEY ARE TRYING TO COMPLETE THE RENOVATION AS SOON AS POSSIBLE. UM, REGARDING THE RALEIGH RICHMOND AND SOUTH SEED SITE AT 7 5 17 51 TO 1775 COLLINS AVENUE, THERE IS CURRENTLY NO ACTIVE CONSTRUCTION WORK TAKING PLACE ON THE SITE. THE FACADES OF THE HISTORIC RICHMOND AND SOUTH DECEASED HOTELS ARE BRACED, AND THE RALEIGH IS COMPLETELY BOARDED UP. ALTHOUGH THE SITE HAS A CONSTRUCTION FENCE, UH, LIKE I SAID, THAT THERE, THERE IS NO, UH, CONSTRUCTION TAKING PLACE. UM, A PRIVATE PROVIDER IS BEING USED FOR THE, UM, CONSTRUCTION WORK, AND APPARENTLY THEY HAVE AN INSPECTION DEADLINE OF FEBRUARY OF 2025, AND THEY HAVE TO COMPLETE A, AN INSPECTION REPORT TO THE SATISFACTION OF THE BUILDING OFFICIAL IN ORDER FOR THAT PERMIT TO BE EXTENDED. STAFF HAS REACHED OUT TO REPRESENTATIVES OF THE DEVELOPER, BUT WE WERE NOT ABLE TO MAKE CONTACT REGARDING ANY, UH, MORE DETAILED INFORMATION OR STATUS UPDATE. THE SHELBURN HOTEL AT 1801 COLLINS AVENUE IS A FULLY ACTIVE CONSTRUCTION SITE, UH, AND THEY ARE PROCEEDING WITH THE CONSTRUCTION THERE. AND THEN FINALLY, THE ARY HOTEL, [01:15:01] WHICH IS, UH, THE OLD HISTORIC SEAGULL. UM, ALTHOUGH NO ACTIVE CONSTRUCTION WORK IS TAKING PLACE NOW, UH, EXTERIOR DEMOLITION OF THE NON-CONTRIBUTING ANCILLARY BUILDINGS HAS BEEN COMPLETED. THE BUILDING IS SECURED AND BOARDED UP, AND THERE IS A CONSTRUCTION FENCE INSTALLED. OUR STAFF HAS MET WITH THE PROJECT TEAM AS RECENTLY, A FEW WEEKS AGO TO DISCUSS THE PROJECT, AND THEY WERE ADVISED THAT THE PROJECT IS MOVING FORWARD. THE APPLICANT ACTUALLY WENT BACK TO THE HISTORIC PRESERVATION BOARD IN NOVEMBER TO RECEIVE APPROVAL FOR THE RECONSTRUCTION OF THE PORT CO SHERIFF. I JUST WANT US TO NOTE, UH, YOU KNOW, IT'S, IT'S A GOOD, IT'S A GOOD PROBLEM WHEN YOU HAVE INVESTMENTS IN YOUR CITY, BUT I JUST WANTED US TO KNOW, YOU KNOW, IN A LIKE FOUR OR FIVE BLOCK PERIOD, YOU HAVE 1, 2, 3, WE HAVE SIX BUILDINGS THAT ARE BEING HELD UP BY SIX, YOU KNOW, WHERE YOU HAVE NO ECONOMIC ACTIVITY GOING ON. UM, AND, AND, AND AGAIN, IT'S MORE THAN JUST THE ECONOMIC ACTIVITY. GOD FORBID SOMETHING HAPPENS IN THE ECONOMY. AND SO, YOU KNOW, I JUST THINK WE NEED TO CONSIDER, YOU KNOW, PHASED APPROACHES. YOU KNOW, HOW DO WE WORK IN THE FUTURE SO THAT YOU DON'T END UP IN A SHORT AREA LIKE THIS WITH SIX EMPTY BUILDINGS WITH NO ECONOMIC ACTIVITY, THAT GOD FORBID SOMETHING HAPPENS AND YOU END UP, YOU KNOW, WITH SIX, YOU KNOW, SIX BUILDINGS, SIGNIFICANT BUILDINGS IN A IMPORTANT CORRIDOR, COMPLETELY BOARDED UP. COMMISSIONER BOND VICE, VICE MAYOR BOND. UM, I WANNA ACTUALLY ASK FOR MY OWN EDIFICATION. WHEN, WHEN THOSE BUILDINGS ARE HELD UP BY STICKS, WE ALL KNOW THEY'RE MORE THAN STICKS, BUT ARE THEY DESIGNED, ARE THOSE TRUSSES DESIGNED TO WITHSTAND HURRICANES? WHAT HAPPENS? I MEAN, NOT JUST THE ECONOMIC IMPACT, BUT IF THOSE SIX BUILDINGS WERE WIPED OUT IN A STORM, NOW UNDERSTANDING CAVEATS, STORMS CAN TAKE OUT FULLY BUILT BUILDINGS. I GOT THAT. BUT, UM, YOU KNOW, THAT IS A SIGNIFICANT LOSS TO OUR HISTORIC INFRASTRUCTURE. SO WHAT HAPPENS? ARE THERE ANY CONTINGENCIES OR ANY BENCHMARKS? ARE THERE, ARE THERE REQUIREMENTS TO WITHSTAND UP TO A CATEGORY TWO STORM? LIKE HOW DOES THAT WORK? MY UNDERSTANDING IS THAT THE SHORING AND BRACING USED IS DESIGNED TO WITHSTAND HURRICANE FORCE WINDS UP TO, TO, TO WHAT CATEGORY? I DON'T KNOW. I WOULD NEED TO GET BACK TO YOU WITH THAT INFORMATION, BUT MY UNDERSTANDING IS THAT THEY, THEY'RE DESIGNED TO WITHSTAND VERY SUBSTANTIAL HURRICANE FORCE WINDS. IF SOMETHING HAPPENED EITHER THROUGH A HURRICANE FORCE WIND OR OTHER MEANS WHERE THOSE REMAINING PORTIONS OF THE BUILDING BECAME COMPROMISED AND THEY HAD TO BE EITHER DEMOLISHED OR FURTHER REDUCED, THEY WOULD HAVE TO GO BACK TO THE HISTORIC PRESERVATION BOARD. AND THE HISTORIC PRESERVATION BOARD WOULD'VE TO RE-REVIEW THE PROJECT TO DETERMINE WHETHER OR NOT THEY WERE GONNA REQUIRE THE PORTIONS THAT WERE REMOVED TO BE REPLICATED AND RECONSTRUCTED, OR WHETHER OR NOT THEY WOULD REQUIRE A DIFFERENT DIRECTION, UH, BE MOVED IN. OKAY, MR. ATTORNEY, MR. DIRECTOR, IN THE FUTURE, HOW CAN WE PACE THIS? I, I JUST DON'T THINK IT'S GOOD. IT'S, IT'S A GOOD APPROACH. AGAIN, WE WELCOME THE INVESTMENT, WE ENCOURAGE THE INVESTMENT, WE WANT THE REHABILITATION AND THE IMPROVEMENT OF PROPERTY. BUT HOW DO WE PASTE THIS SO THAT WE DON'T HAVE ENTIRE BLOCKS OF AN ENTIRE CORRIDOR CLOSED OFF? I MEAN, WE SEE WHAT IT'S DONE TO, YOU KNOW, IN THIS CASE THROUGH DEMOLITION BY NEGLECT. BUT IN NORTH BEACH, YOU KNOW, YOU HAVE A SIGNIFICANT, THAT'S THEIR ONE PROPERTY HERE. YOU, YOU'RE, YOU'RE, YOU'RE TALKING ABOUT SIX PROPERTIES, SIX BUILDINGS. HOW DO WE TAKE A MORE MEASURED APPROACH IN THE PAST FUTURE, UM, IN THE FUTURE , HOW WE TAKE A MORE MEASURED APPROACH IN THE FUTURE, MR. ATTORNEY? I, I THINK THE, THE BIGGEST CHALLENGE HERE AS, AS THE COMMITTEE KNOWS, IS THESE ARE ALL, THESE ARE ALL PRIVATE DEVELOPMENTS, EACH ONE BY A DIFFERENT OWNER. UM, THESE ARE NOT CITY LED PROJECTS. SO, UM, AT, AT THE END OF THE DAY, IT'S UP TO, IT'S UP TO THE PROPERTY OWNER, IT'S UP TO THEIR CONTRACTORS. UM, IT'S UP TO THE ECONOMICS OF, OF, YOU KNOW, OF THE, OF THE MOMENT IN TIME OF THE FINANCING THEY'RE ABLE TO OBTAIN OR NOT, UM, TO PUSH THESE PROJECTS ALONG. AND IT, YOU KNOW, WE HAVE, WE REALLY HAVE LITTLE TO NO CONTROL OVER THE TIMING OF, OF CONSTRUCTION ACTIVITIES. THIS IS A VERY RISKY PROPOSITION. [01:20:01] IT'S VERY, IT'S VERY RISKY TO OVERSEE. I MEAN, I THINK PART, PART OF WHAT, UH, HAS MADE LINCOLN ROAD SUFFER OVER THE PAST FEW YEARS, UM, YEAH, I THINK IT STARTED WITH THE CLOSURE OF THE, OF THE CONVENTION CENTER DURING, DURING, UH, WHILE WHAT WAS BEING FIXED UP. AND THEN THE CLOSURE OF THESE HOTELS. ALL THIS IS, YOU KNOW, ECONOMIC ACTIVITY, UH, THAT, THAT DEPRIVED THOSE THAT'S BEING DEPRIVED OF THE BUSINESSES, OF THE, OF THE AREA. SO, UM, THANK YOU FOR THE UPDATE. UM, I THINK WE NEED TO REACH OUT AGAIN TO THE RALLY, THE RICHMOND AND THE SOUTH SEA. UM, IF I'M, HOPEFULLY THEIR REPRESENTATIVE IS WATCHING AND, UM, I WOULD TELL THE REPRESENTATIVE, YOU KNOW, CALL US BACK, CALL US BACK, ANSWER THE PHONE. DO YOU WANT TO MOVE THIS TO THE NEXT MONTH? YEAH, LET'S CONTINUE. AND THEN WE WILL, YES. REACH OUT TO THE DEVELOPERS AGAIN AND ASK THEM IF THEY COULD PROVIDE THIS COMMITTEE WITH AN UPDATE. YES. THAT, THAT REPRESENTATIVE TO NOT WANT TO BECOME PERSONA NON GRATA OF THE COMMITTEE. YOU KNOW, AND I WOULD SAY, IF I MAY, THROUGH THE CHAIR, UM, NOT FOR NOTHING, BUT EVEN IF IT'S NOT A HISTORIC PROPERTY, UM, WHICH COMES WITH ITS OWN OPPORTUNITIES AND CHALLENGES, BUT, UH, YOU KNOW, UP IN NORTH BEACH AROUND 71ST STREET AND INDIAN CREEK, WE'VE GOT A BUNCH OF THINGS THAT ARE INCOMP COMPLETION OR ALMOST COMPLETE, SEMI COMPLETE, JUST STARTING, YOU KNOW, CONSTRUCTION FENCES ABOUND. IT'S NOT A GREAT LOOK. I MEAN, IF YOU WANNA TALK ABOUT REVITALIZING ECONOMIC DEVELOPMENT AND, AND, UM, ENCOURAGING PEOPLE TO COME HERE, IT'S, YOU KNOW, WE TALK ABOUT THE ENTRANCE WAYS TO OUR CITY, OUR THOROUGH AFFAIRS AT SOME LENGTH YESTERDAY AND THIS MORNING. AND, YOU KNOW, IT'S SOME OF THE, THE MOST CRUCIAL, I DUNNO WHAT THE PLURAL IS FOR NEXUS NEX I OF OUR, OF OUR, UM, OF OUR CITY. UM, YOU'VE GOT MORE THAN ONE PRETTY SIGNIFICANT THING HAPPENING AT A TIME. AND, UM, I THINK THAT'S JUST SOMETHING WE NEED TO KEEP IN MIND AS WE GO FORWARD. IT COMPLICATES TRAFFIC, IT'S UNPLEASANT FOR PEOPLE WHO LIVE THERE, HAVE BUSINESSES THERE. IT, UM, YOU KNOW, IT'S, IT'S A THING YEP. THAT WE SHOULD KEEP IN MIND. YEP. TOM, FOR NEXT MONTH, I ALSO WANT AN UPDATE ON THE BANCROFT. I THINK ONE OF THE FIRST ITEMS THAT COMMISSIONER BOT AND I, UH, VICE MAYOR BOT AND I VOTED ON AS COLLEAGUES, WE WERE BOTH MEMBERS OF THE PLANNING BOARD. UM, AND IT WAS, WE WERE ALL STILL WEARING MASKS. IT WAS DURING THE COVID TIME, AND WE WERE ALL VERY EXCITED TO BE VOTING FOR THIS TRANSFORMATIVE PROJECT CLASS, A OFFICE SPACE AT THE BANCROFT. YEP. UH, AND HOW MANY YEARS AGO WAS THAT ALREADY? COMMISSIONER BOT? TOO MANY TO COUNT. TOO MANY TO COUNT. FOUR OR FIVE. NOT WITHSTANDING OUR YOUTH, NO, I MEAN, PERPETUALLY YOUNG, BUT FOUR OR FIVE YEARS. YEAH, FOUR, AT LEAST FOUR, FOUR OR FIVE YEARS. UH, SINCE, AND IT SEEMS LIKE THE PROPERTY JUST SITS THERE IN AN IDLE STATE. YEP. AND YOU KNOW, AT LEAST BEFORE YOU HAD THE TACO PLACE THERE, , YOU KNOW, AT LEAST THERE WAS A RESTAURANT THERE. LIKE NOW IT JUST SITS THERE EMPTY. WHAT ADDRESS? THIS IS THE BANCROFT. UM, AND SO, YOU KNOW, SOMETHING SPECTACULAR WAS PROMISED THERE, AND THE AREA MERITS SOMETHING SPECTACULAR. UM, AND SO YEAH, WE NEED AN UPDATE OF, OF WHAT'S GOING ON WITH THAT. AND, AND FRANKLY, I MEAN, WE GOTTA START THINKING IF WE GIVE APPROVALS TO INDIVIDUALS AND THEN THEY EMPTY BUILDINGS AND THE BUILDINGS JUST SIT THERE, WE HAVE TO THINK HOW MANY APPROVAL, HOW MANY MORE APPROVALS ARE WE GOING TO GIVE THIS PERSON? AND MAYBE IT'S SOMETHING, MAYBE WE CAN ADDRESS THINGS FROM THAT ANGLE. IF YOU'VE GOTTEN AN APPROVAL AND YOU'VE EMPTIED A BUILDING AND YOU ALREADY HAVE A BUILDING THAT'S SITTING EMPTY, YOU KNOW, WE MIGHT NOT GIVE YOU FUTURE APPROVALS UNTIL YOU HAVE REAL ACTIVITY GOING ON AT YOUR OTHER SITE, BECAUSE AGAIN, WE JUST CANNOT AFFORD TO SUSTAIN A COMMUNITY WITH, UM, WITH, WITH EMPTY CONSTRUCTION SITES. SO NICK, I NEED YOU TO PUT ON YOUR THINKING CAP ON THAT BECAUSE THE, WE MAY NEED TO WORK ON POLICY REGARDING THIS. AND KARA, WE NEED TO FOLLOW UP ON THAT. ALRIGHT. OKAY. THANK YOU GUYS. LET'S INTRODUCE ITEM [11. DISCUSS, AS APPLICABLE TO ZONING INCENTIVES FOR NON-TRANSIENT, LONG-TERM RESIDENTIAL DEVELOPMENT, ESTABLISHING A POLICY THAT, WHENEVER A COVENANT RESTRICTING TRANSIENT USES ON A PROPERTY IS SUBMITTED AS A CONDITION OF ELIGIBILITY FOR RESIDENTIAL ZONING INCENTIVES, THAT THE COVENANT SHALL REQUIRE A 6/7TH SUPERMAJORITY VOTE OF THE ENTIRE CITY COMMISSION BEFORE THE COVENANT MAY BE RELEASED OR AMENDED IN SUCH A MANNER AS TO WEAKEN A RESTRICTION ON THE TRANSIENT USE OF THE PROPERTY.] NUMBER 11. OKAY. ITEM NUMBER 11 IS DISCUSS IS APPLICABLE ZONING INCENTIVES FOR NON-TRANSIENT LONG-TERM RESIDENTIAL DEVELOPMENT. ESTABLISHING A POLICY THAT WHENEVER A COVENANT RESTRICTING TRANSIENT USES ON A PROPERTY IS SUBMITTED AS A CONDITION OF ELIGIBILITY FOR RESIDENTIAL ZONING INCENTIVES, THAT THE COVENANT SHALL REQUIRE A SIX SEVEN SUPER MAJORITY OF THE ENTIRE CITY COMMISSION BEFORE THE COVENANT MAY BE RELEASED OR AMENDED IN SUCH A MANNER AS TO WEAKEN A RESTRICTION [01:25:01] ON THE TRANSIENT USE OF THE PROPERTY. SO THIS IS AN ITEM THAT I'VE INTRODUCED. UH, BACK IN NOVEMBER WE WERE CONSIDERING AT THE CITY COMMISSION A RESIDENTIAL USES, UH, ORDINANCE, UH, WHICH WAS APPLICABLE TO ALL ZONING DISTRICT, WHERE NON-TRANSIENT RESIDENTIAL USES, UH, WERE BEING INCENTIVIZED. AND AS PART OF THAT ORDINANCE, I PROPOSED AND THE SPONSOR ACCEPTED, UH, LANGUAGE TO INCLUDE A COVENANT RE REQUIREMENT. UM, UM, SO THAT WHEN, UM, SO WHEN A COVENANT IS BEING PUT INTO PLACE, AND THEN IT'S GOING TO BE REMOVED IN THE FUTURE, THAT IT REQUIRE A SIXTH, SEVENTH REQUIREMENT. THAT IF YOU'RE SAYING YOU'RE PROFFERING BY COVENANT, THAT YOU'RE NOT GOING TO HAVE SHORT-TERM RENTALS. AND THEN YOU COME BACK IN THE FUTURE AND YOU SAY YOU WANT TO HAVE SHORT TERM RENTALS THAT MAY NOT BE A SIMPLE MAJORITY THAT COULD DO THEIR WAY, THAT IT'D BE A SIXTH, SEVENTH, SUPER MAJORITY, UH, OF THE CITY COMMISSION THAT SAY WE'RE GONNA REVERSE THAT, UH, COVENANT. AND WE WERE ABLE TO PUT IT, UH, ON ONE ORDINANCE. AND I WANT TO THANK COMMISSIONER DOMINGUEZ FOR ACCEPTING MY AMENDMENT AND FOR YOUR TEAMWORK AND, AND COLLEGIALITY TO, TO, TO INTRODUCE THAT LANGUAGE THERE WHILE THIS WAS GOING THROUGH THE PROCESS. BUT, BUT THE IDEA IS TO PUT THIS ON ALL FUTURE COVENANTS, TO HAVE THIS REQUIREMENT IN ALL FUTURE COVENANTS, UH, THAT RESTRICT TRANSIENT USES ON PROPERTIES, NOT JUST THOSE, UH, RELATED TO RESIDENTIAL USE INCENTIVES. AND SO, TOM, I WANNA RECOGNIZE YOU TO WALK US THROUGH THE TAX AMENDMENT WE HAVE IN FRONT OF US. SURE. IN THE LAND USE MEMO, WE'VE DRAFTED A NEW SECTION UNDER CHAPTER SEVEN. AND, UM, SPECIFICALLY IT WOULD BE SECTION, UH, 7.1 POINT, UH, 1.2, UM, WHICH WOULD BE, UH, COVENANT RESTRICTING TRANSIENT USES ON A PROPERTY. AND ALTHOUGH SIMILAR LANGUAGE IS INCLUDED IN THE RECENTLY ADOPTED AMENDMENTS, CREATING 7.1 0.11 FOR THE RESIDENTIAL USE INCENTIVES BY ESTABLISHING A SEPARATE STANDALONE REQUIREMENT UNDER A DIFFERENT SECTION. THIS WOULD BE APPLICABLE TO NOT JUST THOSE PROJECTS THAT AVAIL THEMSELVES OF EXISTING AND FUTURE RESIDENTIAL USE INCENTIVES, BUT ANY OTHER TYPE OF PROJECT THAT MAY INCLUDE A, UM, TRANSIENT USE, UH, INCENTIVE THAT MAY NOT BE PART OF THAT SECTION. THIS WOULD BASICALLY BE A CATCHALL FOR ALL OF THOSE. SO IF THERE IS CONSENSUS ON THIS, WE CAN TAKE A DRAFT, UM, LDR AMENDMENT TO THE COMMISSION FOR A REFERRAL TO THE PLANNING BOARD. ALRIGHT. IS THERE, UH, QUESTIONS, UH, FOR THE DATES ON THIS ITEM, IS THERE A MOTION ON THE ITEM? I'LL MOVE IT. I'LL MOVE. I'LL SECOND. OKAY. IT'S BEEN MOVED BY COMMISSIONER VICE MAYOR BUD SUAREZ, AND SECONDED BY, UH, COMMISSIONER DOMINGUEZ. SO I THINK BY EXCLAMATION WE'RE ADOPTING THIS, I THINK THERE, YES. SO IS THERE ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? NONE IN PERSON. NONE VIA ZOOM. AND I APOLOGIZE I MISSED THE PUBLIC COMMENT ON THE LAST COUPLE OF ITEMS, UH, AND I APOLOGIZE FOR THAT. UH, BUT WE CAN SHOW THIS ITEM ADOPTED BY ACCLAMATION. ALL RIGHT. COME, SCHWARZ, YOU'RE SPEAKING SO MUCH TODAY. YOU'RE TAKING A BALL OF OUR TIME. , UM, MR. DIRECTOR, LET'S [12. REVIEW CURRENT LOADING REQUIREMENTS, AND HOW TO MITIGATE THE IMPACTS OF LOADING AND DELIVERIES ON TRAFFIC CONGESTION AND RESIDENTS’ QUALITY OF LIFE (INCLUDING, WITHOUT LIMITATION, INCREASED ENFORCEMENT EFFORTS AS WELL AS LEGISLATIVE AMENDMENTS).] INTRODUCE ITEM NUMBER 12. OKAY. ITEM NUMBER 12 IS REVIEW THE CURRENT LOADING REQUIREMENTS AND HOW TO MITIGATE THE IMPACTS OF LOADING AND DELIVERIES ON TRAFFIC, CONGESTION AND RESIDENCE, QUALITY OF LIFE, INCLUDING WITHOUT LIMITATION, INCREASED ENFORCEMENT EFFORTS, AS WELL AS LEGISLATIVE AMENDMENTS. AND TO INTRODUCE THIS VERY GOOD ITEM, I'M GOING TO INTRODUCE VICE AUGH. HI. I'M ACTUALLY GONNA LET JOSE TAKE THE HEAVY LIFTING ON THIS. THIS HAS BEEN SOMETHING WE'VE WORKED ON FOR A WHILE. UM, UM, IT IS AN ISSUE WITH, UM, YOU KNOW, SEEMINGLY SIMPLE, SOMEBODY A TRUCK OR A LIFT OR SOMEBODY PULLS OVER TO THE SIDE OF THE ROAD TO, TO TRY TO PICK SOMEBODY UP OR DROP SOMETHING OFF. AND IT CAUSES ALL KINDS OF JAM UPS, UM, ESPECIALLY AT RUSH HOUR. AND SO, UM, INSTEAD OF BEATING OUR HEADS AGAINST THE WALL ABOUT THIS, I THOUGHT WE WOULD, UH, TRY TO PUT SOME ACTUAL PLANS IN PLACE. SO, JOSE, TAKE IT AWAY. THANK YOU MADAM VICE CHAIR. UH, I'M, I'M SORRY. UH, GOOD AFTERNOON, MR. CHAIR. MADAM VICE MAYOR COMMITTEE MEMBERS JOSE GONZALEZ, TRANSPORTATION AND MOBILITY DIRECTOR AND INTERIM PARKING DIRECTOR. SO THE LAST TIME WE WERE BEFORE YOU WITH THIS ITEM, THERE WERE THREE COMPONENTS THAT WE ES ESSENTIALLY DISCUSSED. THE FIRST WAS [01:30:01] STATISTICS, UM, FOR FREIGHT LOADING ZONE ENFORCEMENT. THE SECOND WAS A PILOT PROGRAM THAT WE HAVE ONGOING WITH UBER. AND THE THIRD WAS, UM, SOME STRATEGIES THAT WE'RE LOOKING TOWARD FOR AUTOMATED, UH, CURB MANAGEMENT AND OPTIMIZATION STRATEGIES. AND, UH, SO IN TERMS OF, OF AN UPDATE, I'LL START WITH, WITH THE FIRST COMPONENT, WHICH IS THE FREIGHT LOADING ZONES. UM, YOU MAY RECALL DURING THE DISCUSSION, UM, THERE WERE, WE DISCUSSED THE TWO DIFFERENT TYPES OF TOWING THAT OCCURS FOR FREIGHT LOADING ZONES, TOWING THAT OCCURS BY THE PARKING DEPARTMENT, AND THEN THERE'S TOWING THAT ALSO OCCURS BY THE POLICE DEPARTMENT. AND SO WHAT WE'RE DOING IS WE'RE COLLABORATING WITH POLICE TO TRY TO, TO, UH, INCREASE OUR ENFORCEMENT ON FROM BOTH SIDES, THE PARKING SIDE AS WELL AS THE, UH, THE, THE POLICE SIDE. AND I KNOW THAT MAJOR MARGAO IS HERE AS WELL, IF THERE ARE ANY QUESTIONS REGARDING THE, THE POLICE TOWING. UH, BUT JUST TO, TO RECAP, WHEN WE LOOK AT PARKING DEPARTMENT STATISTICS BETWEEN THE LAST TWO FISCAL YEARS IN FISCAL YEAR 23, UM, WE TOWED, UH, OR WE, UH, IN TERMS OF NUMBER OF CITATIONS, IT WAS 7,241. UH, CITATIONS ISSUED IN 20 IN FISCAL YEAR 23. AND IN FISCAL YEAR 24, IT WAS 9,461. SO A SIGNIFICANT INCREASE THERE BETWEEN THE TWO, UH, LAST FISCAL YEARS. AND WE'RE ANTICIPATING THIS FISCAL YEAR. WE'LL ALSO, WE'LL ALSO, UH, OUR GOAL IS TO SURPASS, UH, THAT NUMBER. UM, I COULD ALSO SPEAK TO AN UPDATE ON THE PILOT PROGRAM WITH UBER THAT WE CONDUCTED DURING ART WEEK. AND IT WAS ACTUALLY VERY SUCCESSFUL. WE HELD A, A, UH, DEBRIEF MEETING WITH UBER WHERE THEY SHARED WITH US THEIR HEAT MAPS. AND IF YOU RECALL, WHAT WE DID WAS WE ESTABLISHED, UH, GEO-FENCED ZONES WITHIN THE CITY AT HOTSPOTS. UH, THOSE INCLUDED THE CONVENTION CENTER, OF COURSE, UH, THE GOOD TIME HOTEL ON WASHINGTON AVENUE AND THE ONE HOTEL ON COLLINS AND 23RD. THOSE ARE AREAS THAT TYPICALLY HAVE A LOT OF, UM, RIDE SHARE ACTIVITY, UH, DURING OUR WEEK AND ACTIVITY, WHICH BLOCKS TRAVEL LANES AND CAUSES A LOT OF CONGESTION. SO WHAT WE SAW, ACCORDING TO THE, THE DATA THAT THEY SHARED WITH US, IS THAT THERE WAS A CONCENTRATION OF, UM, ACTIVITY AT THE GEOFENCED, UH, LOCATIONS, WHICH IS ACTUALLY THE, THE PURPOSE OF, OF THE PILOT VERSUS ALL AROUND IT. UM, FOR EXAMPLE, ON CONVENTION CENTER DRIVE, IF WE, WE LOOK AT WHAT HAPPENED LAST YEAR VERSUS WHAT HAPPENED THIS YEAR, LAST YEAR, THERE WERE A LOT OF PICKUPS AND DROP OFFS ALL ALONG. UH, CONVENTION CENTER DRIVE, AND EVEN ALONG 17TH STREET CREATING CONGESTION ON 17TH STREET THIS YEAR. A LOT OF THAT WAS HAPPENING AT THE DESIGNATED LOCATIONS. AND THEN SIMILARLY, UM, IN OTHER, UH, THERE WERE OTHER LOCATIONS THAT WERE GEO-FENCED THAT WERE ALONG THE SIDE STREETS OF COLLINS AVENUE RATHER THAN ON COLLINS AVENUE ITSELF. AND THOSE WERE SUCCESSFUL AS WELL IN TERMS OF THE ACTIVITY OCCURRING ALONG THE SIDE STREETS WHERE THERE'S LESS TRAFFIC RATHER THAN ON COLLINS AVENUE, WHICH AS WE KNOW, ONLY HAS ONE LANE IN EACH DIRECTION IN SOUTH BEACH. I'M REFERRING TO THE SOUTH BEACH AREA. SO IT WAS, IT WAS VERY SUCCESSFUL. UH, UBER IS, UH, VERY EXCITED TO CONTINUE THE PILOT. WE, WE ACTUALLY CONTINUED IT. WE DIDN'T REALLY PUT A STOP TO IT, SO, UH, IT'S CONTINUING. AND WHAT WE'D LIKE TO DO IS EXPAND IT AND WORK WITH THEM TO IDENTIFY ADDITIONAL LOCATIONS THROUGHOUT THE CITY THAT COULD BE DESIGNATED AND GEOFENCED ON THEIR PLATFORM FOR RIDE SHARE ACTIVITY FOR THE CHAIR BEFORE YOU MOVE ON. YES. UM, BEFORE YOU MOVE ON TO ANOTHER TOPIC, UM, A COUPLE THINGS. ONE IS, CAN THEY SHARE WITH US HEAT MAP DATA OF, UM, NON-SPECIAL EVENT WEEK LOCATIONS THAT GET JAMMED UP? BECAUSE I THINK IT'S ONE THING DURING ART BASEL, AND IT SOUNDS LIKE IT'S WORKING GREAT, BUT YOU KNOW, WHAT'S IT LIKE DURING THEIR REGULAR YEAR? UM MM-HMM . YOU KNOW, ARE THERE CERTAIN HOTELS THAT AT LIKE, YOU KNOW, EIGHT O'CLOCK IN THE MORNING, EVERYBODY LEAVES FOR THEIR MEETINGS, WHEREVER THEY'RE GOING OR WHATEVER IT IS. UM, IT WOULD BE INTERESTING TO SEE THAT SO THAT WE CAN, IF THERE ARE OPPORTUNITIES TO EXPAND FOR REGULAR USAGE, UM, THAT WOULD BE GREAT. AND THEN ALSO TO EXPAND TO THE OTHER ROGER COMPANY, SPECIFICALLY LYFT, CORRECT? YES. WE STARTED OUR PILOT WITH UBER, BUT IT WILL EXPAND TO, TO LYFT AS WELL. AND, UM, AND ABSOLUTELY WE ARE, WE'RE CONTINUING DISCUSSIONS WITH THEM, UH, ASKING FOR SOME MORE INFORMATION. UH, SOME OF THEIR INFORMATION THEY WILL SHARE WITH US, BUT IT'S NOT FOR PUBLIC CONSUMPTION. THEY'RE VERY CAREFUL ABOUT THE INFORMATION THAT THEY SHARE. [01:35:01] SO THAT'S WHY IT WAS NOT PART OF THIS ITEM. BUT, UH, THAT IS OUR GOAL, IS TO CONTINUE WORKING WITH THEM, EXPAND THE PROGRAM TO MORE LOCATIONS, NOT JUST DURING A MAJOR SPECIAL EVENT. ART WEEK WAS JUST, UH, THE PILOT PROOF OF CONCEPT. EXACTLY. EXACTLY. AND, UH, AND THEN IN TERMS OF AUTOMATED, UH, CURB SPACE MANAGEMENT AND OPTIMIZATION STRATEGIES, WE HAVE A FEW CONVERSATIONS GOING ON WITH DIFFERENT VENDORS, INCLUDING OUR OWN, UH, VENDOR. WE CURRENTLY HAVE A VENDOR THAT CAN PROVIDE AUTOMATED CURB MANAGEMENT STRATEGIES. AND SO WE'RE VERY EXCITED ABOUT THAT. UH, IT'S GONNA TAKE A FEW MORE, FEW MORE CONVERSATIONS WITH OUR, OUR CURRENT PARTNER AS WELL AS, AS SOME OTHER VENDORS, UH, THAT ARE OUT THERE THAT PROVIDE THESE TYPES OF SERVICES TO SEE WHICH IS THE BEST FIT FOR THE CITY. AND I THINK AT SOME POINT IN THE, IN THE NEXT FEW MONTHS, WE HOPE TO BRING TO YOU SOME SEMBLANCE OF A, OF A PLAN THAT MAY OR MAY NOT REQUIRE A, A PROCUREMENT FOR THESE SERVICES. BUT THE GOOD NEWS IS OUR CURRENT VENDOR CAN ACTUALLY PROVIDE, PROVIDE THESE SERVICES. AND WHAT THAT DOES IS IT, IT MANAGES OUR, OUR LIMITED CURB SPACE. THERE'S A HIGH DEMAND ON OUR CURB SPACE FOR DIFFERENT USES FROM RIDE SHARE TO, TO LOADING TO PASSENGER PICKUP, UM, UBER EATS, YOU NAME IT. UM, SO IT, WHAT THIS DOES IS IT, IT, UH, MONETIZES OUR CURB BASED ON, ON DEMAND AND PROVIDES THE TECHNOLOGY AND THE INFRASTRUCTURE TO BE ABLE TO ENFORCE THAT. UM, I JUST WANTED TO HEAR FROM OUR COLLEAGUES IN THE POLICE DEPARTMENT HOW, HOW THINGS ARE GOING FROM YOUR PERSPECTIVE. WE TALKED ABOUT MAYBE THERE'S AN OPPORTUNITY FOR IMPROVEMENTS. AND SO GOOD AFTERNOON, UH, MADAM VICE-CHAIR, CHAIR, UH, DANIEL MARGAO, ASSISTANT CHIEF OF THE POLICE DEPARTMENT ON BEHALF OF POLICE. SO UNDER, UH, CHIEF JONES'S GUIDANCE, ONE OF THE THINGS THAT WE'VE, UH, INITIATED IS EXPANDING OUR FLZ ENFORCEMENT BEYOND JUST OUR MOTOR UNIT'S SUPPORT, UH, WHICH HAS PRIMARILY BEEN THE METHOD THAT WE'VE USED TO SUPPORT, UM, FLZ ENFORCEMENT. SO WE WILL BE EXPANDING FLZ ENFORCEMENT THROUGHOUT, UM, ALL OF OUR UNIFORM PATROL AND CITYWIDE, UH, PART OF THE IMPLEMENTATION PROCESS IS TO CONDUCT A BRIEF ROLL CALL TRAINING WITH OFFICERS THAT AREN'T FAMILIAR WITH FLZ ENFORCEMENT, SO THEY UNDERSTAND THE MISSION AND WHAT'S EXPECTED, AND THEN WE SHOULD BE ABLE TO HAVE MUCH MORE OF AN IMPACT ON TRAFFIC CONDITIONS BY KEEPING THE F LZS CLEAR, AND THEN THE TRUCKS WILL HAVE SOMEWHERE TO PARK WITHOUT OBSTRUCTING TRAFFIC. SO WE SHOULD HAVE A MUCH MORE OF AN IMPACT THAN WE HAVE IN THE PAST. SO THE NOTION IS THAT ANY TIME ANY OFFICER SEES SOMEBODY BLOCKING AN FLC OR IMPEDING THE FLOW OF TRAFFIC, THEY, THEY WILL BE TRAINED ENOUGH TO MITIGATE THAT, EITHER, YOU KNOW, MOVE THEM ALONG AND GIVING THEM A BREAK OR WRITING A TICKET OR WHATEVER. CORRECT. WELL, SOMETIMES YOU WANNA BE NICE AND GIVE THEM A BREAK IF THEY'RE COMPLETE IDIOTS, BUT, UM, YEAH. BUT TO OR WARNING IS WHAT I MEANT. NOT A, NOT A COMPLETE BREAK, BUT, UM, AND THEN, AND SO WHEN DO YOU THINK THAT WILL START HAPPENING? WHEN, WHEN YOU, SO I KNOW THAT I'VE SPOKEN TO, UH, SOME OF OUR AREA CAPTAINS, I'LL BE COORDINATING WITH OUR MAJOR TO CONDUCT THE TRAINING OVER THE NEXT FEW WEEKS. IT'S VERY BRIEF. UM, AND WE SHOULD HAVE EVERYTHING UP AND RUNNING WITHIN A COUPLE OF WEEKS. SO YOU GUYS ARE GONNA NEED TO COORDINATE. SO JOSE, AS YOU KEEP ADVANCING WHAT YOU'RE DOING WITH THE RIDESHARE AND WITH THE, THE, UM, THE LOADING ZONE AUTOMATED PROGRAM AND ALL THAT KINDA STUFF THAT MAKE SURE THAT EVERYBODY HAS THE MOST UPTODATE INFORMATION. AND THEN ALSO ANOTHER LAYER ON TOP OF THIS IS AN ITEM THAT'S GONNA COME BEFORE US IN FEBRUARY TO THE COMMISSION, UM, ABOUT WHEN PEOPLE COME BEFORE THE SPECIAL MAGISTRATE AND THEY SAY, BUT YOUR HONOR, I HAD NO IDEA. UM, WHICH IS ANNOYING BECAUSE THEN, YOU KNOW, THEY THINK THEY CAN JUST GET OUT OF THINGS. WE'RE GOING TO BE ASKING, UM, ANYBODY WHO DOES BUSINESS IN THE CITY TO, YOU KNOW, HAVE AN AFFIRMATION THAT THEY ARE EDUCATING THEIR DRIVERS OF WHAT IS PROPER AND WHAT IS NOT PROPER. AND IF THEY CAN'T CONFORM TO WHAT IS PROPER IN OUR CITY, GIVEN THE SPACE THAT WE HAVE, THEN THEY NEED TO THINK ABOUT USING DIFFERENT SIZE TRUCKS OR COMING AT DIFFERENT TIMES OR WHATEVER. SO, UM, YOU KNOW, IT'S THE SWISS CHEESE, UM, THEORY, RIGHT? LIKE, NONE OF THIS IS GONNA SOLVE EVERYTHING BY ITSELF, BUT ONCE YOU LAYER ALL THE DIFFERENT PIECES, THEN YOU HAVE FEWER HOLES. SO THAT'S WHAT WE'RE HOPING FOR. EXCELLENT. THANK YOU FOR THE UPDATE. I'M JUST GONNA USE THE OPPORTUNITY SINCE, SINCE WE HAVE THE PARKING DEPARTMENT IN FRONT OF US. UH, I JUST GOT A TEXT MESSAGE FROM A, ACTUALLY THE SECOND COMPLAINT I'VE RECEIVED IN ONE DAY, UH, FROM RESIDENTIAL NEIGHBORHOOD ABOUT, YOU KNOW, PEOPLE GETTING TICKETS ABOUT PARKING ON THE SWALE. UH, IN THE PAST WEEK, WE HAVE RECEIVED THREE TICKETS IN ONE WEEK FOR ALLEGEDLY PARKING ON THE SIDEWALK ON PRAIRIE. WE'RE NOT PARKING ON THE SIDEWALK, SEE TICKETS SLASH IMAGE AND [01:40:01] IMAGE FROM TODAY. ANY INSIDE WHAT'S GOING ON, IT'S, AND LIKE THE PERSON ISN'T PARKING ON THE SIDEWALK AND THEY'RE GETTING TICKETS FOR THIS. AND THIS IS A RESIDENTIAL NEIGHBORHOOD AND LIKE, LIKE, AND I'M LIKE, ALL OF A SUDDEN I'M GETTING THESE, THESE COMPLAINTS. UH, SO, YOU KNOW, SOMETHING WE NEED TO LOOK INTO BECAUSE PEOPLE IN RESIDENTIAL NEIGHBORHOODS WANT TO BE ABLE TO PARK AND MAYBE WE COULD HAVE PEOPLE FOCUS ON FLC INSTEAD OF, YOU KNOW, PEOPLE PARKING, TRYING TO PARK IN FRONT OF THEIR HOMES. . RIGHT. BUT JUST, YOU KNOW, IT'S JUST GETTING ALL THIS SUDDEN A LOT OF COMPLAINTS ABOUT THIS. WELL, WE'LL LOOK INTO IT. I'M, I APOLOGIZE. I'M UNDER THE WEATHER. WE'LL, WE'LL, WE'LL LOOK INTO IT. OKAY. THANK YOU. I APPRECIATE IT. ALL RIGHT GUYS. KEEP UP THE GRADE WORK. THANK YOU. THANK YOU, THANK YOU. AND IS THIS ITEM CONCLUDED, OR DO YOU WANT THIS TO COME BACK FOR, UM, FUTURE UPDATES? UM, MAYBE COME BACK IN A QUARTER. OKAY. SO CONTINUE IT TO THE, UM, WE ARE AND HOW THINGS ARE GOING. WE NEED TO TWEAK ANYTHING. SO WE'LL SHOW THIS AS BY ACCLIMATION, CONTINUE TO THE APRIL 15TH MEETING. THAT WOULD BE QUARTERLY. EXCELLENT. OKAY. EXCELLENT. EXCELLENT. UM, MR. DIRECTOR, [13. INCREASE SECURITY REQUIREMENTS FOR NIGHTCLUBS AND OTHER LATE NIGHT DRINKING ESTABLISHMENTS.] LET'S INTRODUCE ITEM NUMBER 13. OKAY. ITEM NUMBER 13 IS INCREASED SECURITY REQUIREMENTS FOR NIGHTCLUBS AND OTHER LATE NIGHT DRINKING ESTABLISHMENTS. ALRIGHT, SO THIS IS AN ITEM THAT I PLACE ON THE AGENDA, UH, YOU KNOW, TO, TO CONSIDER WHAT INCREASED SECURITY REQUIREMENTS, UH, WE COULD, UH, HAVE IN PLACE, UM, YOU KNOW, UNDER UNDERSTANDING THAT WE'VE SEEN IMPROVEMENTS IN OUR CITY. UM, AND I, AND, AND I THINK THAT THAT'S, THAT'S A KEY THING. WE DON'T, WE'RE, WE'RE, WE'RE NOT FACING SOME OF THE CHALLENGES THAT WE HAD IN THE PAST AND WE'RE NOT, UH, FACING SOME OF THE CHALLENGES THAT WE'VE, UH, SEEN IN OTHER AREAS. UH, BUT MR. DIRECTOR OR MR. ATTORNEY, IF YOU COULD WALK US THROUGH, THROUGH SOME OF THE PROPOSALS THAT WE FEEL MIGHT BE ADEQUATE TO PURSUE AT THIS TIME. MR. CHAIRMAN, I BELIEVE THIS MEMO WAS PREPARED BY PD, BUT I'M HAPPY TO GO THROUGH THE, I THINK THE THREE MAJOR OPTIONS. I JUST DON'T WANNA SPEAK FOR PD. UM, WOULD YOU LIKE ME TO GO THROUGH THEM? SURE, SURE. AND THEN I SEE MAJOR MORGA IS ALSO APPROACHING THE PODIUM, AND THEN HE CAN GIVE US HIS RECOMMENDATIONS AS WELL. SURE. SO, SO MY READING, UH, OF, OF THE, UM, OF, OF, OF THE COMMITTEE'S OPTIONS ARE, ARE FIRST, UM, TO POTENTIALLY EXPAND THE OFF-DUTY REQUIREMENT. CURRENTLY, UH, ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE, THAT ARE ON OCEAN DRIVE BETWEEN FIFTH AND 15TH STREET ARE REQUIRED TO PROVIDE, UH, AT LEAST ONE OFF-DUTY OFFICER ON IF THEY'RE, IF THEY SERVE ALCOHOL AFTER MIDNIGHT. UM, IT APPLIES SATURDAYS AND SUNDAYS AND ON HOLIDAY WEEKENDS AND CITY EVENTS. IT ALSO APPLIES ON MONDAYS. UM, THERE IS AN EXEMPTION IF TWO ADJACENT ALCOHOLIC BEVERAGE ESTABLISHMENTS SHARE IN SECURING AN OFF-DUTY OFFICER. UM, AND ALSO IF A BAR IS LOCATED ENTIRELY WITHIN A HOTEL, AND THE HOTEL AND BAR RUN BY THE SAME OPERATOR, OR IF THE BAR IS LOCATED WITHIN A RESTAURANT WITH A FULL KITCHEN AND THE RESTAURANT CLOSES BY TWO IN THE MORNING, UM, IT IS AN AFFIRMATIVE DEFENSE TO THIS VIOLATION IF AN OPERATOR IS NOT ABLE TO, TO SECURE AN OFF-DUTY OFFICER DUE TO UNAVAILABILITY, UM, UH, AND, AND DUE DUE DUE TO THE UNAVAILABILITY TO OBTAIN, TO OBTAIN AN OFF-DUTY OFFICER. UM, THE SECOND OPTION WOULD BE TO EXPAND THE CURRENT NOTICE REQUIREMENT FOR PROMOTED EVENTS. OUR CODE REQUIRES CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS TO PROVIDE THE POLICE DEPARTMENT WITH 96 HOURS WRITTEN NOTICE, UH, PRIOR TO ANY PROMOTED EVENT, IF THE ESTABLISHMENT IS LICENSED TO SERVE, UH, LIQUOR UNTIL FIVE IN THE MORNING, IF THEY'RE LICENSED AS A DANCE HALL, AND IF THE TOTAL, TOTAL OFFLOAD IS GREATER THAN 350 INDIVIDUALS. UM, AND THE LAST, THE, THE LAST RECOMMENDATION THAT THE, THAT THE, THAT THE POLICE DEPARTMENT IDENTIFIED IS TAKING AN APPROACH SIMILAR TO WHAT THE CITY OF ORLANDO DID FOR ITS, UH, FOR ITS DOWNTOWN AREA, WHICH WOULD INVOLVE A, A ROLLBACK OF ALCOHOL HOURS OF SALE, AND CREATING A, UH, A LATE NIGHT APPROVAL PROCESS WHERE AN ESTABLISHMENT WOULD BE REQUIRED TO PROVIDE, UH, A NUMBER OF SECURITY MEASURES, UM, UH, IN ORDER TO OBTAIN THAT APPROVAL. THANK YOU, NICK. UH, AND SO I, I'M JUST GONNA GIVE MY, MY, MY THOUGHTS ON THIS. UM, YOU KNOW, I THINK REQUIRING MORE, MORE OFF-DUTY WILL BE AN ONEROUS ON THE, ON THE ESTABLISHMENTS. [01:45:01] I DON'T KNOW IF RIGHT NOW ARE WE MEETING THE OFF-DUTY DEMANDS OF, OF ESTABLISHMENTS CHIEF? NO, SIR. THERE'S MANY OFF DUTIES THAT GO UNFILLED, UNFORTUNATELY. AND WHAT CAN WE DO TO ADDRESS THAT? BECAUSE I THINK, I THINK RATHER AT THIS POINT WHEN IT RELATES TO THAT, RATHER THAN EXPANDING THE REQUIREMENT ON THE BUSINESSES, WHAT CAN WE DO TO HELP MEET THE DEMAND OF THE BUSINESSES FOR OFF-DUTY? SO WHAT WE'VE DONE IN THE PAST WITH CERTAIN BUSINESSES OR CERTAIN ESTABLISHMENTS THAT NEIGHBOR EACH OTHER IS THE ESTABLISHMENT'S PARTNER TO HIRE ONE OFF DUTY OFFICER THAT COVERS BOTH LOCATIONS. THAT'S AN OPTION THAT WE'VE EXPLORED IN THE PAST. UH, POTENTIALLY WE CAN LOOK AT TRYING TO EXPAND OUTSIDE AGENCY OFFICERS WORKING AND COVERING CERTAIN OFF DUTIES AND HOW MANY, HOW MANY AGENCIES ARE ALLOWED TO DO OFF-DUTY WORK IN OUR CITY. SO ANY AGENCY THAT'S ALLOWED TO DO OFF-DUTY WORK WITH US HAS ALREADY GONE THROUGH THE MOU PROCESS WITH US. BUT HOW MANY ARE ALLOWED TO, I HONESTLY DON'T KNOW THE ANSWER OFF THE TOP OF MY HEAD. I KNOW IT'S, UH, IT'S PROBABLY FIVE TO 10 AGENCIES IS A SAFE NUMBER. OKAY. OKAY. I'D LIKE TO, YOU KNOW, AND I CAN GET THAT INFORMATION FOR YOU. YES, YES. BECAUSE IT, IT IS GERMANE TO THIS ITEM ON, ON HOW WE COULD BETTER IMPROVE ON THAT. UM, SO GIVEN THAT, THAT RIGHT NOW WE HAVE REQUIREMENTS THAT WE'RE NOT MEETING, WE, WE'VE IMPOSED A REQUIREMENT, PEOPLE ARE TRYING TO MEET THE REQUIREMENT, AND WE'RE NOT ABLE TO FILL, UH, THOSE, THOSE DEMANDS. I DON'T WANT TO TOUCH THAT. UH, WHAT I DO FEEL HAS BEEN VERY SUCCESSFUL, SOMETHING I THINK COMMISSIONER SAMIAN INITIATED, WHICH WAS A PROMOTER ORDINANCE, UH, THE REGISTRATION. YES. AND EXPANDING THAT. UM, AND, UH, CHIEF, UH, CAN YOU GUIDE US HOW THAT WILL BENEFIT, UH, OUR PUBLIC SAFETY INITIATIVES? WHO, WHO RIGHT NOW IS SUPPOSED TO PARTICIPATE IN THIS PROMOTER ORDINANCE PROVIDE US WITH NOTIFICATION AND HOW EXPANDING IT WOULD BENEFIT OUR EFFORTS? SO ANY ESTABLISHMENT THAT'S GONNA HAVE, THAT'S GONNA HAVE ALCOHOL SALES, UH, TILL 5:00 AM THAT IS GOING TO HAVE A PROMOTED EVENT, HAS TO NOTIFY US 96 HOURS BEFORE THAT EVENT GETS PROMOTED. WHAT HAS HAPPENED IN CERTAIN SITUATIONS IS THAT THEY DO NOT PROMOTE THE EVENT OUTSIDE OF THAT 96 HOUR WINDOW. SO WE'RE GETTING NOTIFIED VERY SHORT NOTICE BEFORE, SO WE'LL GET A NOTIFICATION 24, 48 HOURS BEFORE, UM, OF AN EVENT THAT THEY'RE ARE INFORMING US THAT THEY JUST BECAME AWARE OF, OR THAT IT'S NOT BEING PROMOTED BY THE ESTABLISHMENT, IT'S BEING PROMOTED BY AN ARTIST NOT AFFILIATED WITH THE ESTABLISHMENT. SO THERE, THERE ARE SOME ISSUES WITH, WITH PARTICULAR, WITH REGARD TO THAT, THAT WE NEED TO, THAT WE NEED TO FIX POTENTIALLY THROUGH A LEGISLATIVE PROCESS THAT WE CAN DISCUSS OFFLINE AT SOME POINT. BUT THERE'S, BUT THIS IS THE ITEM TO DO THAT. YEAH, YEAH. WELL, WHY, WHY TALK OFFLINE? YEP. I MEAN, THIS IS THE ITEM TO DO THAT. SO THE ISSUE THAT WE'VE RUN INTO WITH CERTAIN ESTABLISHMENTS IS THAT THEY LOOK FOR LOOPHOLES IN OUR CURRENT ORDINANCE TO NOT MAKE THAT 96 HOUR NOTIFICATION, AND WE'RE GETTING NOTIFICATIONS MUCH CLOSER TO THE ACTUAL DATE THAT THE INDIVIDUALS ARE EXPECTED TO PERFORM. UH, WHAT THAT DOES FOR US IS IT HAMPERS OUR ABILITY TO LOOK INTO ISSUES WITH THAT PARTICULAR ARTIST AT OTHER VENUES OR ISSUES THAT HAVE OCCURRED, POTENTIALLY PUBLIC SAFETY ISSUES, VIOLENCE, UM, AND TO ASCERTAIN IF WE NEED TO RAMP UP OUR PUBLIC SAFETY PRESENCE IN THE AREA, ONE OF THOSE ESTABLISHMENTS. SO THERE'S BEEN A SEVERAL INCIDENTS THAT HAVE HAPPENED, UM, WHERE WE'VE GOTTEN A LATE NOTIFICATION, BUT WE'VE BEEN ABLE TO MITIGATE. AND HOW, WHAT, WHAT IS A PENALTY FOR GIVING A LATE NOTIFICATION? WELL, WHAT'S HAPPENING IS THAT THE VENUE IS NOT NOTIFYING US. THE VENUE BASICALLY SAYS, HEY, WE JUST BECAME AWARE OF THIS PARTICULAR ARTIST THAT'S COMING TO VISIT US, AND IT'S THE ARTIST THAT PROMOTES IT, NOT THE VENUE. SO THE ISSUE WE HAVE IS WE'RE UNABLE TO TAKE ACTION WITH REGARD TO THE VENUE BECAUSE IT'S NOT, IT'S A VENUE SAYING, HEY, WE JUST BECAME AWARE THIS ARTIST IS COMING TO VISIT US. IT MAY NOT NECESSARILY CO CORROBORATE WITH A PERFORMANCE. IT'S AN APPEARANCE. SO THERE'S CERTAIN ASPECTS THAT THE VENUES ARE ABLE TO NOT HAVE TO MAKE THAT 96 HOUR NOTIFICATION, AND WE'RE BECOMING AWARE OF IT RIGHT BEFORE COMMISSIONER BUCK. I JUST, I WANNA LET YOU GUYS KNOW THAT I ACTUALLY HAVE AN ITEM COMING TO THE COMMISSION ON THE THIRD THAT DEALS WITH TRYING TO CLOSE THESE LOOPHOLES. UM, AND, AND I THINK, UM, FROM SOMEBODY WHO'S BEEN IN EVENT MARKETING AND, AND EVENT MANAGEMENT, IT IS A VERY EASY THING FOR THE VENUE TO SAY TO THE, UM, PERFORMER, WE CAN'T WAIT TO HAVE YOU HERE, BUT WE ARE NOT GONNA PROMOTE IT. IT ALL HAS TO BE FROM YOU BECAUSE WE'RE, WE ARE NOT SUPPOSED TO HAVE YOU HERE, OR WE DON'T WANNA GET INVOLVED WITH HAVING TO, TO NOTIFY THE POLICE. SO THE FACT THAT IT'S NOT THE, THE VENUE PROMOTING IT OR THEY DIDN'T KNOW IS A BUNCH OF WHO WE IN MOST CASES, LOOK, IT'S, IT'S POSSIBLE THAT SOMEBODY, YOU KNOW, SOMEBODY'S [01:50:01] DOWN HERE AND THEY STOP INTO A CLUB AND, YOU KNOW, GET ONTO THE STAGE. SURE. THAT HAPPENS. BUT THE MAJORITY OF THIS, WHEN THE VE WHEN THE PRO, WHEN THE, UM, UM, PERFORMER IS, IS PROMOTING, YOU KNOW, THERE'S NO WAY THAT I OWN PROPERTY. IF MY TENANT STARTS CONSTRUCTION WITHOUT PULLING A PERMIT, I GET THE VIOLATION. OR IF SOMEONE SHOWS UP AT MY PROPERTY AND STARTS TO DO WORK WITHOUT A PERMIT, I GET THE VIOLATION. YEAH. NO, IT'S, IT'S NOT ACCEPTABLE. OR, OR, OR, OR IF I'M, IF I'M, IF I'M A LANDLORD AND MY TENANT ENGAGES IN SHORT-TERM RENTAL, I GET THE VIOLATION. ULTIMATELY, THE PERSON THAT'S RESPONSIBLE IS THE PERSON WHO OWNS THE PROPERTY. IF, IF, YOU KNOW, IF, IF YOU OWN THE PROPERTY, IF YOU OWN THE NIGHTCLUB AND YOU KNOW, WHOEVER MIGHT BE RENTING IT, BUT I GO IN THERE AND I SLIP AND FALL, THE LIABILITY IS ON THE OWNER. MM-HMM . THE BUCK STOPS WITH THE OWNER, AND, YOU KNOW, THE OWNER CAN CLAIM WHATEVER THEY WANT. WE NEED TO, WE NEED TO FIX THIS UP. COMMISSIONER, UH, UH, COMMISSIONER SUAREZ AND THEN NICK. WELL, NICK, YOU MENTIONED 3, 3, 3 CONCERNS THAT THE, THE POLICE, NOT CONCERNS, BUT, UM, POSSIBILITIES. ONE OF THEM WAS TO, UH, I THINK THE LAST ONE WHERE WE WOULD SHUT DOWN. WE WOULD MAKE EVERYONE TWO O'CLOCK AND THEN HAVE AN APPROVAL PROCESS TILL FIVE. IS THAT, CAN WE LEGALLY DO THAT? WE CAN LEGALLY DO IT. IT'S ONE OF THE MANY OPTIONS THAT THE CITY COMMISSION HAS CONSIDERED OVER THE LAST COUPLE YEARS TO REGULATE ALCOHOL HOURS OF SALE. UM, WE WOULD BE SUBJECT TO CHALLENGE AS WE ARE, YOU KNOW, WHEN WE, WHEN WHENEVER WE ROLL BACK ALCOHOL HOURS. UM, AND THIS HAPPENED, I THINK YOU MENTIONED THE CITY, ORLANDO. THIS IS WHAT ORLANDO DID. YES. AND, AND WERE THEY CHALLENGED? THEY HAD, THEY WERE CHALLENGED ON A, ON ON PART OF IT. UM, AND I, I CAN FIND OUT WHAT THE OUTCOME WAS OF THAT, BUT THEY WERE CHALLENGED, ACTUALLY, THEY IMPOSED, SUBSEQUENT TO THAT ORDINANCE, THEY KEPT HAVING ISSUES. THEY IMPOSED A CURFEW, UM, I THINK OF MIDNIGHT, AND THEY WERE CHALLENGED ON THAT. UM, SO, BUT I CAN LOOK INTO IT AND SEE IF THE ORIGINAL ORDINANCE WAS CHALLENGED. UH, I, I'D LIKE TO, UM, I'D LIKE TO EXPLORE THAT IDEA. AND SO LET ME, LEMME ASK YOU THIS. IT DON'T, WE HAVE AN ISSUE OF VESTED RIGHTS IN THIS CITY THAT PERHAPS ORLANDO MIGHT NOT HAVE? W WE DO. I MEAN, MANY OF THE CLAIMS THAT WE'VE SEEN, UM, IS BASED ON, ON ALCOHOL HOURS ARE, ARE, ARE BASED ON, UH, OPERATORS WHO TAKE THE POSITION THAT BECAUSE OF THEIR LAND USE BOARD APPROVALS OR OTHER CITY PERMITS, THAT THOSE, THAT THOSE VEST THEM IN CERTAIN ALCOHOL HOURS OF SALE. UM, AND, AND SO THAT WAS THE BASIS OF THE, OF THE CLAIM FILED BY THE CLEVELANDER IN 2021. AND IT WAS THE BASIS OF A FEW OTHER CLAIMS, UH, WHEN THE CITY HAS OVER THE YEARS TRIED TO REGULATE ALCOHOL, ALCOHOL, HOURS OF SALE, UM, THE CITY AND THE LAST ONE I THINK WAS THE ROLLBACK FOR ALCOHOLIC BEVERAGE ESTABLISHMENT SOUTH OF FIFTH. UM, THE CITY PREVAILED AGAINST ONE OF THOSE, ONE OF THOSE CLAIMS. UM, BUT WE WE'RE, WHENEVER WE ROLL BACK ALCOHOL HOURS WE'RE, WE'RE GOING TO BE SUBJECT TO CHALLENGE. AND I DON'T THINK IT'S WHERE, I MEAN, I PERSONALLY DON'T THINK IT'S WHERE WE'RE AT RIGHT NOW, BECAUSE I DO THINK I DO, I DO SEE US MAKING IMPROVEMENTS. UM, AND I THINK, YOU KNOW, SOME OF THE LEGISLATION THAT WE'VE PASSED, UM, THAT YOU'VE SPONSORED, COMMISSIONER SUAREZ IS HELPING US MOVE THE NEEDLE WITH THAT, ESPECIALLY BY INCENTIVIZING SUPPER CLUBS AND UPPING THE, UH, CALIBER OF THE, OF, OF THE ESTABLISHMENTS THAT ARE HERE. I THINK IT'S VERY DIFFICULT TO GET EXISTING BUSINESSES AND CHANGE THE BUSINESS MODELS OF SOME OF THESE EXISTING BUSINESSES. WE'VE, WE'VE ENCOUNTERED SIGNIFICANT, UH, CHALLENGES, UH, WITH THAT IN, IN, IN THE PAST. UH, UH, BUT I WOULD LOVE NICK FOR YOU TO WORK ON THE PROMOTER ORDINANCE, UH, AND GET SOME OF THE RECOMMENDATIONS OF THE POLICE DEPARTMENT AND BRING SOMETHING BACK AS, AS IT RELATES TO THAT, OR, OR IF IT OVERLAPS WITH WHAT COMMISSIONER BOT IS, IS ALREADY WORKING ON, UH, THEN, YOU KNOW, OBVIOUSLY WE WILL, WE'LL, WE'LL DEFER TO, TO VICE MAYOR BOT. UM, BUT I, YOU KNOW, THERE IS A LOOPHOLE WE NEED TO CLOSE THAT LOOPHOLE, UM, BECAUSE IT, IT, WE DON'T CREATE LAWS TO BE PREEMPTED BY LOOPHOLES. BUT, YOU KNOW, I THINK THERE'S SOMETHING, WE TALKED ABOUT IT YESTERDAY AT THE STRATEGY [01:55:01] MEETING. WE'VE TALKED ABOUT IT ON THE PLANNING BOARD TOGETHER. WE'VE TALKED ABOUT IT A BUNCH OF DIFFERENT TIMES, UM, AND, AND ON A BUNCH OF DIFFERENT CONTEXTS THAT IN THE, AT THE END OF THE DAY, IT IS, UM, IT'S A, IT'S A PRIVILEGE TO DO BUSINESS HERE IN MIAMI BEACH. YEAH. AND IF YOU CAN'T OPERATE A BUSINESS ADHERING TO THE RULES OF ENGAGEMENT THAT EVERYBODY ELSE SEEMS TO BE ABLE TO OPERATE THEIR BUSINESSES, UM, THEN THERE'S SOMETHING WRONG WITH YOUR BUSINESS MODEL OR YOUR, YOUR MANAGEMENT TEAM OR WHATEVER. THERE'S SOME, THERE'S SOMETHING AMISS. LIKE TWIST HAS BEEN AROUND FOR 30 SOME ODD YEARS. THEY ARE OPEN TILL FIVE. THEY HAVE ALL KINDS OF, YOU KNOW, PEOPLE COMING IN AND OUT AT ALL HOURS OF THE DAY AND NIGHT. AND TO THE BEST, AND CORRECT ME IF I'M WRONG, ASSISTANT CHIEF, UM, I DON'T THINK THEY'RE A PROBLEM ACTOR IN THE CITY. MM-HMM . NOR DO THEY HAVE A HISTORY OF BEING A PROBLEM ACTOR. AND I BELIEVE THEY'RE PROFITABLE AND THEY'RE CERTAINLY MUCH BELOVED. YEP. UM, BOB'S YOUR UNCLES UP IN NORTH BEACH AND THEY'RE HUGE AND THEY'RE QUIET AND THEY'RE OPEN UNTIL FIVE AND NOBODY HAS AN ISSUE WITH THEM. SO IF YOU ARE A BUSINESS THAT IS DOING YOUR, CONDUCTING YOUR BUSINESS IN SUCH A MANNER THAT THERE IS AN ONGOING ISSUE WITH YOU, AND LOOK, EVERYONE GETS A MULLIGAN, RIGHT? S**T HAPPENS. STUFF HAPPENS. UM, AND I, AND I GET THAT, BUT, BUT IF YOU'RE CONSISTENTLY A LOCATION THAT THERE ARE CALLS FOR SERVICE WHERE THERE'S STUFF HAPPENING THAT SHOULDN'T BE HAPPENING, PEOPLE ARE GETTING HURT, THEN THERE'S A PROBLEM. AND IF THE, IF THE BUSINESS OPERATOR DOESN'T WANT TO BE RESPONSIBLE FOR THAT AND THEY FIGHT EVERY TIME THEY GET CALLED BEFORE, WHATEVER BOARD IS, IS OPINING ON THAT, THEN IS THERE AN OPPORTUNITY FOR THE PROPERTY OWNER TO BE HELD ACCOUNTABLE FOR THE, FOR THE ACTIONS OF THEIR TENANTS. RIGHT. IF, IF YOUR, IF YOUR NIGHTCLUB TENANT IS, HAS HAD THREE STRIKES, DOES THAT THEN ROLL OVER INTO SOMETHING WHERE THE OWNER CAN BE HELD RESPONSIBLE AND THEY NEED TO FIND A NEW TENANT? IS THAT SOMETHING THAT WE COULD DO? COMMISSIONER, I, VICE CHAIR, I, I, I THINK THIS ORDINANCE COULD APPLY TO BOTH THE EVENT PROMOTER, THE OPERATOR, AND THE PROPERTY OWNER. I MEAN, WE CAN LOOK AT THAT, BUT I DON'T, I DON'T THINK THERE'S ANY EXCLUSION HERE. THE OTHER THING I WOULD SAY IS, UM, THE 96 HOUR REQ, UH, REQUIREMENT APPLIES UNLESS THE PRO THE, UH, THE EVENT OR THE, THE PERFORMER IS BOOKED AFTER, YOU KNOW, WITHIN THE 96 HOUR WINDOW, IN WHICH CASE THE, THE ESTABLISHMENT IS REQUIRED TO IMMEDIATELY NOTIFY THE POLICE DEPARTMENT. IF WE BECOME AWARE THAT, UH, THAT A, THAT A, LET'S SAY A PERFORMER, UM, WAS, WAS BOOKED BEFORE THE 96 HOURS WAS PROMOTED ONLINE BEFORE THE 96 HOURS AND THEY, AND THEY DIDN'T PROVIDE THE POLICE DEPARTMENT WITH 96 HOURS NOTICE. THAT IS A VIOLATION OF THE EXISTING ORDINANCE. AND WHAT'S THE PENALTY? IT'S A, IT'S THE MAXIMUM CIVIL FINES THAT WE CAN, THAT WE CAN LEVY AS A, AS A CODE ENFORCEMENT MATTER. SO IT'S, I THINK IT'S 1000 FOR A FIRST VIOLATION AND IT SCALES UP. IS THERE A LIMIT TO HOW MANY THEY CAN GET BEFORE THEIR BUSINESS IS ON PAUSE? UH, YES. YEAH, IT'S SCALED AND IT'S, UM, IS IT THREE, THREE AND THEN 14 DAYS? OKAY, SO THREE IN WHAT, THREE, THREE VIOLATIONS WITHIN 13 DAYS SUBJECTS THE ESTABLISHMENT TO A 14 DAY CLOSURE, I THINK THREE BY THREE AND 14 DAYS. THREE. AND THE THIRD, THE THIRD OFFENSE, YOU GET 14 DAY SHUT DOWN, 14 DAYS SHUT DOWN. AND OF WHAT PERIOD OF TIME? NO PERIOD OF TIME. OKAY. SO WHAT HAPPENS IF YOU GET FOUR? LIKE AT WHAT POINT CAN WE CLOSE THE BUSINESS FOR BEING A BAD ACTOR? I MEAN, IT'S FOUR OVER 10 YEARS, THAT'S NOT A THING. BUT IF IT'S FOUR OVER THE COURSE OF A YEAR AND A HALF, THIS IS A PATTERN OF BEHAVIOR, RIGHT? IF IT'S FOR THE CITY CAN INITIATE PROCEEDINGS TO REVOKE THE, THE CU AND THE BTR, UH, AND, AND TO DEEM THE ESTABLISHMENT TO BE A HABITUAL OFFENDER. YEAH, BUT I DON'T UNDERSTAND. SO, SO YOU KNOW, RIGHT NOW PEOPLE, THE, THE, THE ORDINANCE ALREADY APPLIES EVEN IF YOU ARE WITHIN THE 96 HOUR WINDOW. RIGHT? AND SO I DON'T UNDERSTAND THE CONCERN OF THE CHIEF. SO THE ISSUE FOR US IS THAT WHAT THE PROMOTERS WILL DO IS THEY WILL NOTIFY US IMMEDIATELY WHEN THEY BECOME AWARE AND THAT NOTIFICATION IS COMING 24 OR 48 HOURS SOMETIMES BEFORE THEY HAVE AN EVENT. I'M SORRY IF THEY, IF THEY HAVE NOT, OKAY, THERE'S A REASON WHY IT'S 96 HOURS. AND I WOULD IMAGINE YOU NEED 96 HOURS. 'CAUSE THAT IS THE TIME IT TAKES YOU TO DO BACKGROUND RESEARCH AND IF, IF STUFF, AND IF THAT, IF THERE'S A CONCERN, IT GIVES YOU TIME TO REACH OUT TO THE EVENT ORGANIZER, TO THE PROMOTER, WHOEVER IT IS. AND I THINK, LISTEN, WE HAVE A CONCERN, WE FEEL WE NEED THIS TYPE OF RESOURCE OR THAT TYPE OF STUFF. IF THEY DON'T DO THAT, I THINK WE NEED TO AMEND THIS TO, YOU KNOW, YOU'RE NOT ALLOWED TO OPEN UP IF THAT PERSON IS THERE. OR POTENTIALLY IF, IF THEY DON'T HAVE, THEY [02:00:01] DON'T PROVIDE THE 96 HOUR NOTICE, THEY CAN'T HAVE THE PERFORMER PERFORM. YEAH, I DON'T THINK, I DON'T THINK YOU WAIT FOR THE THIRD TIME. 'CAUSE THAT ALL YOU NEED IS THAT FIRST VIOLATION, RIGHT. WITH SOME OF THEM REALLY BAD FOR SOMETHING TO GO REALLY SOUTH JUST BECAUSE THEY DIDN'T NOTIFY. AND SO, AND SO I, YOU KNOW, YOU KNOW, THAT'S WHERE WE REALLY NEED TO TIGHTEN THINGS UP. I, I THINK WAITING FOR THE THIRD TIME, UH, THAT THEY, THAT THEY WAIT TILL THE 96 HOUR WINDOW. NO. LIKE, LIKE AFTER THE FIRST TIME, THE FIRST TIME THAT YOU DON'T TELL US WITHIN THAT 96 HOUR WINDOW, YOU KNOW? NO, YOU CAN'T OPEN UP BECAUSE YOU HAVE NOT GIVEN THE POLICE SUFFICIENT TIME TO DO THE APPROPRIATE VETTING. COMMISSIONER SUAREZ, UH, I, I, I THINK, YOU KNOW, WITH SPRING BREAK AROUND THE CORNER, YOU KNOW, WE SHOULD BE MOVING THIS AS FAST AS POSSIBLE. I KNOW COMMISSIONER BOTT IS WORKING ON IT AND I, I'M HOPEFUL TO GET, UM, FEEDBACK ON IT. BUT YOU KNOW, MARCH IS, IS RIGHT AROUND THE CORNER MM-HMM . AND I'D LIKE TO SEE SOMETHING VERY STRONG, UM, WHERE IT'S NOT JUST A THOUSAND DOLLARS, YOU KNOW, MAYBE DURING HIGH IMPACT WEEKENDS OR HIGH IMPACT MONTHS, THERE IS A ZERO TOLERANCE POLICY. WE HAVE SOMETHING ALREADY WHERE IF DURING A HIGH IMPACT PERIOD YOU VIOLATE SOME OF OUR REGULATIONS, YOU ARE PROHIBITED FROM GETTING A PERMIT FOR A 13 MONTH PERIOD. UH, NICK, I DON'T KNOW IF YOU'RE THE ONE THAT, THAT I WORKED ON WITH THAT OR, UH, MARK, I DON'T KNOW IF YOU RECALL THIS. IT, IT WAS FOR DOING BUSINESS WITHOUT A LI IT WAS FOR OPERATING WITHOUT A BTR. THAT'S RIGHT. I CAN'T REMEMBER EXACTLY FOR OPERATING WITHOUT A BTR. IF YOU WERE OPERATING WITHOUT A BTR DURING ONE OF OUR HIGH IMPACT PERIODS, THEN WE WERE GOING TO, UM, WE COULD SUSPEND YOU FOR A 13 MONTH PERIOD SO THAT, SO THAT THEN YOU COULDN'T BE OPERATING DURING THAT SAME PERIOD NEXT YEAR, WHICH ADDRESSED THE ISSUE OF SPRING BREAK. SOMEONE, UH, YOU KNOW, OPERATING DURING SPRING BREAK OR LET'S SAY DURING BASEL, YOU KNOW, DURING ILLEGAL STUFF WITHOUT A BTR, WELL, YOU WOULDN'T WANT THAT TYPE OF OPERATOR OPERATING DURING SPRING BREAK NEXT YEAR. SO, SO, SO THE 13 MONTH COVERED IT PERHAPS, YOU KNOW, THE SAME SHOULD APPLY FOR SOMETHING LIKE THIS. IT SHOULD BE A VERY STRICT PENALTY. COMMISSIONER SU SUAREZ. YEAH. THANK YOU. UM, RIGHT ON. AND WE HAVE TWO MEETINGS IN FEBRUARY AND I HOPE BY THE, THE SECOND MEETING IN FEBRUARY WE CAN HAVE A A SECOND READING WHERE IT WOULD APPLY. I THINK WE SHOULD HAVE A VERY STRONG AND STRICT STANDARD FOR, FOR THIS, UH, TYPE OF EVENT, BECAUSE IT REALLY DOES TAKE INTO ACCOUNT A LOT OF, UH, PLANNING FROM POLICE. UM, AND, AND, YOU KNOW, A LOT OF THESE ARTISTS HAVE A FOLLOWING AND, AND SOME OF THEM, YOU KNOW, HAVE LIKE ENEMIES WHERE YEAH. AND, AND, AND THE POLICE NEED TO KNOW ABOUT THAT. AND I THINK, UM, WE SHOULD HAVE A, A ZERO TOLERANCE POLICY. I, I UNDERSTAND THERE'S, THERE'S, THERE'S BEEN LEGISLATION FOR A BTR, BUT I'M LOOKING MORE FOR IF THERE'S A VIOLATION, THEY HAVE A BTR AND THEY VIOLATED, UH, THE, THE NOTICE RULES BECAUSE IT TAKES, IT PUTS NOT ONLY THE RESIDENTS ARE AT RISK, BUT IT PUTS THE POLICE AT RISK. AND SO, UH, WE REALLY SHOULD BE ECHOING TO THE NIGHTLIFE ESTABLISHMENTS THAT THERE'S, AT LEAST DURING HIGH IMPACT PERIODS, THERE'S A ZERO TOLERANCE POLICY. AND I'M HOPING THAT WE CAN HAVE THAT, UH, COMMISSIONER BACH CAN HAVE THAT BUTTONED UP. I, UM, THE SECOND WEEK, THE SECOND MEETING OF FEBRUARY. YEAH. NO, IT'S, IT'S COMING TO THE FIRST MEETING AND HOPEFULLY WE'LL, WE'LL GET IT RIGHT. UM, THE OTHER THING THAT'S TANGENTIALLY RELATED BUT IS NO PRESSURE. YEAH. , SORRY, LET ME EXCUSE MYSELF. START WORKING ON IT. UM, THE OTHER THING THAT'S TANGENTIALLY RELATED TO IT IS, UM, THE FACT THAT WE HAVE, WE HAVE NIGHTCLUBS THAT HAVE OTHER VIOL, OTHER TYPES OF VIOLATIONS BEYOND THE 96 HOUR VIOLATION WHERE THEY ARE VIOLATING. THEY ARE, THEY'RE NOT IN COMPLIANCE WITH OUR CODE AND THEY ARE DISMISSING IT. WELL, IT'S ONLY A, THIS, IT'S ONLY THE TINTING OF THE WINDOWS. IT'S ONLY THE QUEUING WASN'T RIGHT. IT'S ONLY THIS. BUT AT THE END OF THE DAY, THOSE ARE, THOSE ARE LAWS ON THE BOOKS TO PROTECT OUR RESIDENTS AND PROTECT OUR POLICE OFFICERS AND COLLECT, PROTECT THEIR PATRONS. AND SO THIS, UM, YOU KNOW, THIS SORT OF DISMISSAL OF, OH, THOSE ARE JUST IN INCONSEQUENTIAL, OR IT WAS ONE OFF. LIKE I, AS PART OF THIS WHOLE CONVERSATION, I THINK WE NEED TO REALLY TALK ABOUT HOW THOSE CAVALIER ATTITUDES TOWARDS THE LAWS THAT ARE ON OUR BOOKS WHEN THEY, NOT JUST LIKE, YOU KNOW, IF, IF WE'RE NOT CATCHING PEOPLE VIOLATING THOSE LAWS, BUT THEY ARE VIOLATING THOSE LAWS AND DON'T THINK THEY'RE IMPORTANT. I MEAN, LIKE THE LAW'S LAW. AND IF YOU'RE NOT ADHERING TO IT, THEN THE FOURTH TIME, THE THIRD TIME, THE SECOND TIME, UM, YOU KNOW, YOU'RE DONE. SO THAT'S A LITTLE BIT DIFFERENT FROM THE 96, UM, HOUR RULE, BUT I THINK IT FITS INTO THIS OVERALL TOPIC. YEAH. [02:05:01] AND THE ONE THING I WOULD SAY, YOU KNOW, WE WANT TO CONVEY VERY STRICT ENFORCEMENT, VERY STRICT PENALTIES OF THIS. UM, YOU KNOW, WE, I I WANNA BE VERY CAREFUL OF, YOU KNOW, OF ANY TERMINOLOGY THAT CAN BE, YOU KNOW, MISINTERPRETED, BUT I THINK IT, IT'S, YOU KNOW, STRICT ENFORCEMENT AND STRICT PENALTIES, UH, UH, ASSOCIATED, UH, WITH THIS, UH, BECAUSE IT, IT, IT, IT REALLY IS A PROBLEM. AND THE ONLY OTHER THING I'LL, I'LL SAY IS, UM, I'M GLAD YOU'RE BRINGING FORWARD, UM, THE ISSUE OF THE PROMOTERS GOING BACK TO, TO 2:00 AM I WOULD TELL YOU, I DON'T, I MIGHT BE WRONG, , I DON'T THINK 2:00 AM RIGHT NOW, UM, YOU KNOW, HAS, HAS A SHOT AT MOVING FORWARD. UM, AND UH, AND I WOULD JUST SAY, YOU KNOW, IN THE PAST WE'VE CONSIDERED LIKE 30 DIFFERENT PIECES OF LEGISLATION. NICK, HOW MANY, OR WAS IT 29? IT, IT WAS, I THINK IT WAS 30, YEAH. 30 PIECES OF LEGISLATION. UH, AND, AND THE AMOUNT OF STAFF TIME AND LEGISLATIVE TIME SPENT DEBATING IT AND DEBATING IT AND DEBATING IT. UH, AND THE AMOUNT OF ENERGY IS SUCKED OUT OF EVERY SINGLE MEETING. IT JUST STALLED PROGRESS AND ALL THE OTHER THINGS THAT HAVE HELPED A ADVANCE, MEANINGFUL SOLUTIONS AND IMPROVEMENTS. I DON'T WANNA SAY SOLUTIONS BECAUSE, YOU KNOW, SHUTTING DOWN A CITY IS NOT A SOLUTION, BUT IMPROVEMENTS IN PUBLIC SAFETY AND MANY OF WHICH WE'VE HELPED DRIVE FORWARD TOGETHER. UH, AND SO, AND SO I JUST WANT TO PUT THAT OUT THERE. 'CAUSE I DON'T, I DON'T WANT US TO GET STUCK IN THAT LOG JAM OF, OF DISCUSSION AGAIN. SO WITH THAT, I THINK WE CAN, UM, CLOSE THIS ITEM. UH, AND I LOOK FORWARD TO COMMISSIONER BOTS, UH, ITEM HAVING TO DO WITH THE PROMOTERS, VICE MAYOR BOTS, BOTH OF US. YES. COMMISSIONER AND THE VICE MAYOR. THE COMMISSIONER AND THE VICE MAYOR. EXACTLY. ALRIGHT, THANK YOU, CHIEF. THANK YOU FOR BEING HERE, MR. DIRECTOR. LET'S INTRODUCE [14. DISCUSS AMENDING THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR LIMITED RELIEF FROM SETBACK REQUIREMENTS TO PERMIT THE INSTALLATION OF PACKAGED TERMINAL AIR CONDITIONER (PTAC) UNITS AND MINI-SPLITS AC UNITS.] ITEM NUMBER 14. OKAY. UH, ITEM NUMBER 14 IS DISCUSS AMENDING THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR LIMITED RELIEF FROM SETBACK REQUIREMENTS TO PERMIT THE INSTALLATION OF PACKAGE TERMINAL AIR CONDITIONING, COMMONLY REFERRED TO AS P TAC UNITS AND MINI SPLIT AC UNITS. ALL RIGHT, THIS IS COMMISSIONER DOMINGUEZ'S ITEM. UH, NICK IS THE COMMISSIONER ON ZOOM TO PRESENT ON HER ITEM. COMMISSIONER ROSE GONZALEZ HERE. OH, I'M SORRY. COMMISSIONER ROSE GONZALEZ DIDN'T SOUND FAMILIAR. YEAH. , NO, SHE'S NOT MR. CHAIR. SHE'S NOT, UH, I MEAN, I, I, I'M FAMILIAR WITH THIS. THIS IS TO ALLOW CERTAIN AC UNITS FOR MULTI-FAMILY BUILDINGS WITHIN SETBACKS, WHICH SEEMS TO BE VERY, VERY, UH, GOOD LEGISLATION, UH, ESPECIALLY, YOU KNOW, HELPING WITH OLDER RESIDENTIAL BUILDINGS AND CAN HELP PRESERVE, UM, THOSE UNITS AND HELP THOSE TENANTS OUT. SO I THINK I, I DON'T KNOW IF MR. DIRECT, IF YOU WANT TO PRESENT THE ITEM ON THE COMMISSIONER'S BEHALF. SURE. I CAN, UH, PRESENT IT VERY BRIEFLY, MR. CHAIR. UH, THE PROPOSAL HERE WOULD AMEND SECTION, UM, FIVE SEVEN, WHICH DEALS WITH ALLOWABLE ENCROACHMENTS IN, UH, REQUIRED YARDS OF MULTIFAMILY DISTRICTS. AND THE PROPOSAL WOULD BE TO ALLOW FOR AN EXPANSION OF LIMITED ENCROACHMENTS SPECIFIC TO PACKAGE TERMINAL AIR CONDITIONING UNITS, CENTRAL AIR CONDITIONING UNITS, AND MINI SPLIT AIR CONDITIONING UNITS ON EXISTING BUILDINGS. UH, IT WOULDN'T BE FOR NEW CONSTRUCTION BECAUSE NEW CONSTRUCTION FROM WHAT WE'VE SEEN, CAN EASILY ACCOMMODATE THAT. BUT THESE WOULD BE FOR EXISTING BUILDINGS, WHICH IN THE PAST HAVE SHOWN, UH, SOME DIFFICULTY WITH MEETING SETBACK REQUIREMENTS, PARTICULARLY IF THEY'RE CONVERTING FROM WALL UNITS. AND SO, UH, IF THERE'S CONSENSUS, UH, THE ADMINISTRATION IS RECOMMENDING THAT THIS PROPOSAL BE SENT TO THE FULL COMMISSION FOR A REFERRAL TO THE PLANNING BOARD. I SUPPORT THIS ITEM. I DON'T KNOW. THERE IS A MOTION TO APPROVE THIS ITEM. YEAH, I'LL MOVE IT. IS THERE A SECOND? I'LL SECOND. A SECOND. BY COMMISSIONER SARS. ARE THERE MEMBERS OF THE PUBLIC TO SPEAK ON THIS ITEM? SEEING NONE IN PERSON, NONE ON ZOOM. WE CAN SHOW THIS ITEM PAST MY ACCLIMATION. UM, LET'S INTRODUCE [15. DISCUSS THE BUSINESS PRACTICES ASSOCIATED WITH ACCESSING REQUIRED PARKING SPACES ON PRIVATE DEVELOPMENT AND THE UNDERUTILIZED PARKING PROVISIONS IN THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE.] ITEM NUMBER 15. OKAY. ITEM NUMBER 15 IS DISCUSS THE BUSINESS PRACTICES ASSOCIATED WITH ACCESSING REQUIRED PARKING SPACES ON PRIVATE DEVELOPMENT AND THE UNDERUTILIZED PARKING PROVISIONS IN THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE. SO, YOU KNOW, I THINK WE'VE ALL BEEN RECEIVING COMPLAINTS AND NAUSEUM, UH, ABOUT THE BUSINESS PRACTICES ON PRIVATE PARKING LOTS. UM, AND, UH, AND WHAT CAN BE DONE ABOUT THESE PARKING SPACES? I JUST, YESTERDAY I WAS SEEING ON SOCIAL MEDIA, UM, YOU KNOW, NOW, NOW THAT WE'VE [02:10:01] ADDRESSED THE ISSUE, UH, THE PAID PARKING AT THE CHICKEN KITCHEN AND SMOOTHIE KING AND PINECREST BAKERY ON AL ROAD, NOW IT'S THE WHOLE FOODS THAT, UH, PEOPLE ARE GETTING ARE HAVING ISSUES AT. AND SO, UM, YOU KNOW, I DON'T KNOW WHAT RE WHAT RECOMMENDATIONS STAFF HAS. I, I KNOW WE'VE WORKED ALREADY ON THE SIGNAGE THAT THERE NEEDS TO BE, UH, CLEAR SIGNAGE ON PRIVATE PARKING LOTS AND THOSE LOTS THAT ARE LICENSED TO OPERATE AS PRIVATE PARKING LOTS. HAVE WE ENGAGED IN ANY EFFORT TO DO AN OPERATION TO MAKE SURE THAT THESE PRIVATE PARKING LOTS THAT ARE CHARGING PEOPLE FOR PARKING ARE ACTUALLY LICENSED TO DO SO AND ARE MEETING THE REQUIREMENTS OF OUR CITY CODE? THERE'S NOTHING IN THE LDRS THAT SPEAKS TO THE OPERATION OF A PRIVATE PARKING LOT THAT IS USED FOR PURPOSES OF PROVIDING REQUIRED PARKING. IF AN ENTITY HAS A COMMERCIAL PARKING LOT THAT IS NOT SPECIFIC TO REQUIRED PARKING, THEN THEY DO HAVE CERTAIN OPERATIONAL. IF I GO TO WHOLE FOODS AND I PARK AT WHOLE FOODS AND I PAID TO PARK AT WHOLE FOODS TO GO, I DON'T KNOW, SOMEWHERE ELSE, NOT TO GO TO WHOLE FOODS. ISN'T THAT A COMMERCIAL PARKING LOT? A PRI OPERATING LIKE A PRIVATE PARKING LOT? THE PARKING LOT ITSELF IS CONSIDERED REQUIRED PARKING FOR WHOLE FOODS, HOW THEY MANAGE AND OPERATE. THAT WOULD BE UP TO THEM. A SURFACE PARKING LOT THAT WOULD BE CONSIDERED A COMMERCIAL PARKING LOT WOULD BE, FOR INSTANCE, THE PARKING LOT AT THE CORNER OF LENNOX AND 17TH STREET WHERE YOU HAD A BUILDING TORN DOWN AND THEN A SURFACE PARKING LOT WAS CONSTRUCTED. AND THAT'S USED AS COMMERCIAL PARKING FOR WHOEVER WANTS TO COME AND, AND PAY FOR THE PARKING THERE. COMMISSIONER BOT, VICE MAYOR BOT, UM, IS THERE ANYTHING THAT WE CAN DO TO REGULATE THE FEES THAT THEY CHARGE? I GOT A, UH, AN EMAIL FROM A RESIDENT WHERE HE WENT INTO A PARTICULAR PARKING LOT SPECIFICALLY TO USE THEIR CHARGER. SO IT WAS FINE WITH PAYING THE, THE, THE FEE FOR PARKING IN ORDER TO BE ABLE TO USE THE CHARGER. YOU KNOW, SOME, THE TICKET DIDN'T WORK OR WHATEVER. AND INSTEAD OF JUST LIKE, HERE'S A $20 MAXIMUM FEE FOR, YOU KNOW, THE DAY, UM, HE WAS CHARGED $500, WHICH SEEMS EGREGIOUS. IS THERE ANYTHING THAT WE CAN DO TO LIMIT HOW, HOW MUCH PEOPLE CAN CHARGE FOR MISSED? UNFORTUNATELY NOT. WE, UH, PARKING IS A LAWFUL BUSINESS ACTIVITY. AND UNDER FLORIDA LAW, WE CANNOT IMPOSE, UH, PRICE CONTROLS ON ANY LAWFUL BUSINESS ACTIVITY. BUT ONE THING, OKAY, AND YOU JUST SAID IT, PARKING IS A LAWFUL BUSINESS ACTIVITY. ONE THING IS TO HAVE PARKING TO MEET THE DEMANDS OF YOUR ESTABLISHMENT, OF YOUR DEVELOPMENT. AND IF YOU WANNA CHARGE, YOU KNOW, TO GO TO YOUR ESTABLISHMENT, I GUESS THAT'S YOUR PREROGATIVE. AND IF YOUR TENANTS COMPLAIN, WELL THEN YOU NEED TO MAKE TO, TO MAKE A, A DECISION BASED ON THAT. BUT A SEPARATE THING IS WHEN YOU'RE GETTING YOUR PARKING AND NOW, OKAY, YOU ARE CHARGING PEOPLE TO PARK THERE SO THEY CAN GO TO OTHER PLACES. AND THAT TO ME IS A VERY DIFFERENT TYPE OF BUSINESS ACTIVITY. NOW YOU ARE OPERATING A COMMERCIAL PARKING LOT, WHICH FROM MY UNDERSTANDING WAS ITS OWN CATEGORY ON OUR ZONING CODE THAT HAS ABIDE WITH SPECIFIC SIGNAGE REQUIREMENTS AND SPECIFIC BUSINESS PRACTICES. FOR EXAMPLE, OUR NEW SIGN REQUIREMENTS. THAT, AND SO, AND SO THE MOMENT WHEN YOU GO FROM JUST PROVIDING PARKING TO PARK THERE TO GO TO YOUR ESTABLISHMENTS AS OPPOSED TO PROVIDING PARKING TO JUST, YOU KNOW, GO, YOU KNOW, AND GO, YOU KNOW, YOUR, YOU'RE PARKING AT WHOLE FOODS, BUT TO GO TO SOME OTHER PLACE THREE BLOCKS AWAY, THAT'S A WHOLE DIFFERENT TYPE OF OPERATION. AND YOU NEED TO OPERATE UNDER A WHOLE DIFFERENT SEGMENT OF THE CODE AND GET THE RIGHT LICENSES. MAKE SURE YOU HAVE THE PROPER CONSUMER PROTECTION SIGNAGE IN PLACE AND A WHOLE DIFFERENT SET OF BUSINESS PRACTICES. HAVE WE DONE A DETAIL TO ENFORCE THAT? NOT THAT I'M AWARE OF, NO. OKAY. WELL, I WOULD LIKE FOR US, YOU KNOW, IF WE CAN'T REGULATE THE PRICING AND IF WE CAN'T STOP THE PRACTICE, WE NEED TO MAKE SURE THAT THE CONSUMER IS PROTECTED, THAT THE CONSUMERS THAT WE'RE GOING INTO IT, AND I WOULD LIKE FOR US TO CONTEMPLATE SENDING A MOTION BACK TO THE CITY COMMISSION DIRECTING THE ADMINISTRATION TO, TO ENGAGE IN, UH, IN AN ENFORCEMENT DETAIL ON THIS. I MEAN, FOR CRYING OUT LOUD, WE ARE TICKETING PEOPLE FOR PARKING OUTSIDE OF THEIR HOMES. AND YET [02:15:02] PEOPLE ARE GETTING AWAY WITH, WITH, WITH, WITH GIVING PEOPLE TICKETS IN, IN THESE PRIVATE PARKING LOTS. I, I MEAN, IT'S, IT'S JUST, TO ME IT'S KIND OF LIKE REVERSE. IT'S SICK, YOU KNOW, IT'S, IT'S SO CRAZY TO ME. YOU KNOW, THE COMMERCIAL ACTIVITY IS NOT BEING PENALIZED AND PEOPLE ARE GETTING THESE CRAZY TICKETS BY MAIL THAT END UP GOING TO SOME SORT OF COLLECTION AGENCY SOMEDAY. AND THAT THERE'S NOTHING, OUR HANDS ARE TIED ON THAT YET. YET SOMEONE PARKS ON THEIR SWALE AND THEY'RE GETTING THREE TICKETS IN ONE WEEK, AND THIS IS OUTSIDE OF THEIR HOMES. I MEAN, LIKE, I DON'T GET IT. I DON'T GET, SO LIKE, YOU KNOW, LIKE, LET'S HAVE SOME COMPASSION FOR OUR RESIDENTS. LET'S GIVE OUR RESIDENTS A LITTLE BIT OF A BREAK, YOU KNOW, AND BY THE SAME TOKEN, LET'S SURE, LET'S MAKE SURE THAT OUR RESIDENTS, THAT THEY'RE PROTECTED FROM PREDATORY CHARGING AT COMMERCIAL PARKING LOTS. LET'S PROTECT OUR RESIDENTS. AND SO I WOULD LIKE TO, YOU KNOW, FOR US TO, TO CONTEMPLATE THAT MOTION AND PASS IT ALONG TO, TO TO TO, TO THE CITY COMMISSION. YOU KNOW, IT'S JUST, IT'S JUST SO WEIRD TO ME THAT THE BRICK AND MORTAR STORES ARE BEMOANING THE LACK OF THEIR BUSINESS AND BEMOANING THE FACT THAT IT'S SO MUCH EASIER TO ORDER EVERYTHING ONLINE AND GET IT DELIVERED. AND YET WHEN PEOPLE DO TAKE THE TROUBLE TO COME TO A STORE TO GET THEIR, THEIR PRODUCTS LIVE AND IN THE FLESH, UM, THEY HAVE TO PAY FOR THE SERVICE, FOR THE PRIVILEGE TO GO DO THEIR OWN SHOPPING. YEAH. AS OPPOSED TO GETTING IT DELIVERED. LIKE, SOMETHING'S WRONG HERE. I GET IT THAT EVERYONE'S TRYING TO MAKE A BUCK, BUT YOU KNOW, SOMETHING'S WRONG. YEAH. SO I, I MOVE THAT ALONG. OKAY. ALRIGHT. SO, UNDERSTOOD. UH, DO YOU GOT THE MOTION IN ORDER? YES. OKAY. SO WE'RE GONNA SHOW THAT ADOPTED BY ACCLAMATION. ALRIGHT. I'M GONNA DEFER [16. COORDINATE WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS TO PROMOTE HISTORIC PRESERVATION AND ADAPTIVE RE-USE OF HISTORIC BUILDINGS ON SCHOOL PROPERTY.] NUMBER 16 TO THE NEXT MEETING. I DO, I WOULD LIKE US TO REACH NUMBER 17 AND I TO DO JUSTICE. SO I DO NUMBER [18. DISCUSSION REGARDING FACILITATING POP-UPS FOR LOCAL CULTURAL INSTITUTIONS AND LOCAL START-UPS IN VACANT RETAIL COMMERCIAL SPACES] 18. I'LL DEFER TO THE NEXT MEETING, UH, BECAUSE I KNOW COMMISSIONER BAD NEEDS TO LEAVE IN A FEW MINUTES. UM, SO ITEM NUMBER [17. DISCUSS THE USE OF THE MIDDLE TURN LANE AS REVERSIBLE LANES ON 41ST STREET TO IMPROVE TRAFFIC FLOW DURING PEAK TRAFFIC HOURS.] 17 COMMISSION, UH, MR. DIRECTOR, LET'S INTRODUCE I ITEM NUMBER 17. OKAY. ITEM NUMBER 17 IS DISCUSS THE USE OF THE MIDDLE TURN LANE AS REVERSIBLE LANES ON 41ST STREET TO IMPROVE TRAFFIC FLOW DURING PEAK PEAK TRAFFIC HOURS. AND I THINK ANYONE WHO HAS BEEN ON 41ST STREET DURING PEAK UH HOURS UNDERSTAND THE CAPACITY ISSUE THAT WE HAVE ON 41ST STREET. NOT JUST BECAUSE OF DEVELOPMENT IN OUR CITY, BUT IT'S REALLY THE DEVELOPMENT IN OTHER CITIES AND THE TRAFFIC OF THE WORKFORCE TRYING TO LEAVE OUR CITY BECAUSE OF THE AFFORDABILITY ISSUE. AND SO WE DO HAVE A CAPACITY ISSUE. WE CAN'T EXPAND 41ST STREET, BUT WHAT WE DO HAVE IS THAT CENTER TURNING LANE. AND JOSE, I THINK FOR YEARS YOU AND I HAVE BEEN TALKING ABOUT THAT CENTER TURNING LANE AND HOW CAN WE BETTER USE THAT CENTER TURNING LANE DURING RUSH HOUR TRAFFIC TO INCREASE THE CAPACITY OF INDIVIDUALS LEAVING THE CITY. AND SO WHAT IS THE FEASIBILITY OF WHEN EVERYONE IS HEADING WEST OUT OF THE CITY TO BE ABLE TO USE THAT TURNING LANE AS AN ADDITIONAL LANE OF STRAIGHT TRAFFIC? WELCOME, JOSE. THANK YOU. THANK YOU. UH, GOOD AFTERNOON AGAIN, MR. CHAIR. COMMITTEE MEMBERS. SO, UH, ABSOLUTELY, UH, REVERSIBLE LANES INCREASE THE CAPACITY OF A ROADWAY. UH, TYPICALLY THEY'RE DONE, UH, DURING PEAK PERIODS IN THE DIRECTION OF THE PEAK TRAFFIC TO, TO INCREASE CAPACITY ALONG, ALONG THAT, UH, DIRECTION. IN THIS CASE, WE'RE TALKING ABOUT 41ST STREET. SO AS WE KNOW, THAT IS A STATE ROAD UNDER F OS JURISDICTION. UH, SO WE WOULD NEED TO FOLLOW A PROCESS THAT THEY HAVE, WHICH OF COURSE ENTAILS DOING A LONG ARDUOUS TRAFFIC ANALYSIS. UM, WHEN YOU SAY LONG, HOW LONG IS A TRAFFIC ANALYSIS TO CONSIDER SOMETHING LIKE THIS? WELL, THE, IT, IT REALLY DE DEPENDS ON THE NATURE OF THE PROJECT. IN THIS CASE, 41ST STREET IS NOT A VERY LONG STREET. YOU KNOW, IT GOES FROM ALTON TO TO COLLINS. UH, BUT THE PROCESS WOULD, IS THE SAME REGARDLESS. UM, AS PART OF THE ANALYSIS, WE LOOK AT THINGS LIKE DISTRIBUTION SPLIT, UM, TRAFFIC SPLIT, HOW MUCH TRAFFIC IS COMING IN THE MORNING, UH, IN TERMS OF PERCENTAGE VOLUME VERSUS IN THE AFTERNOON. AND THERE'S GOTTA BE A DISCERNIBLE SPLIT, UH, SOMETHING ALONG THE LINES OF 80 20, 70 30 WHERE THERE'S A SIGNIFICANTLY HIGHER VOLUME OF TRAFFIC IN ONE DIRECTION THAN IN THE OTHER. UM, HOWEVER, IN THIS CASE, THIS IS A SLIGHTLY DIFFERENT, UH, SITUATION. WHAT WE'RE TALKING ABOUT HERE IS CONVERTING A LEFT TURN LANE INTO AN [02:20:01] ADDITIONAL LANE. SO IT'S NOT TAKING A LANE AWAY FROM ONE DIRECTION TO GIVE IT TO ANOTHER, IT'S USING THE EXISTING LEFT TURN LANE AS AN ADDITIONAL LANE AND, UH, ADDED CAPACITY. SO IT'S A LITTLE BIT OF A, OF A, UH, SLIGHT, UH, MAXIMIZING OUR BUILT INFRASTRUCTURE. CORRECT. BECAUSE I MEAN, WE HAVE TO REMEMBER THAT BASED ON THE FDLT 2022 LEVEL OF, OF SERVICE MAP 41ST STREET. AND THIS CORRIDOR HAS BEEN OPERATING AT A FAILING LEVEL OF SERVICE BASED ON THE ANNUAL AVERAGE DAILY, UH, TRIPS. UH, AND SO AND SO, YOU KNOW, IT IS A CAPACITY MM-HMM . AND WHO IS ULTIMATELY SUFFERING ARE OUR RESIDENTS AND OUR WORKFORCE. AND I'M SO GRATEFUL. I KNOW THAT THE ADMINISTRATION IS, UH, IS EXPLORING VARIOUS STRATEGIES TO MANAGE THE TRAFFIC VOLUMES AND INCREASE THE ULAR DEMAND ON 41ST STREET. UH, COMMISSIONER, UH, SUAREZ'S, UH, 41ST STREET TRAFFIC RECIRCULATION, UH, PILOT PROGRAM I THINK HAS, HAS, UH, HAS, I THINK IT HAS IMPROVED, UH, CONDITIONS THERE. I MEAN, THERE IS TRAFFIC, WE CAN MAKE CARS DISAPPEAR, BUT TO THE EXTENT THAT THERE IS TRAFFIC, I THINK IT'S, IT'S IMPROVED THE SITUATION THERE. UH, I KNOW WE'RE LOOKING AT THE CREATION OF DEDICATED TURN LANES ON NORTH SOUTH AVENUES. I KNOW THE ADMINISTRATION IS LOOKING INTO THAT, OBVIOUSLY THE GOB PROGRAM. UH, BUT AS PART OF WHAT WE'RE LOOKING AT, UH, YOU KNOW, TELL US WHAT ACTION YOU NEED FROM US SO THAT WE CAN, UH, YOU KNOW, STUDY, UH, THE FEASIBILITY OF DOING, DOING THE REVERSIBLE LANE ON 41ST STREET. UH, SO IN ESSENCE, A MOTION FROM THIS COMMITTEE SUPPORTING, UH, A, A TRAFFIC ANALYSIS PURSUANT TO F DOT'S PROCESS TO EVALUATE THE FEASIBILITY OF, UH, CONVERTING. IN THIS CASE IT'S AS, AS WE WERE MENTIONING, SLIGHTLY DIFFERENT SITUATION. IT'S, IT'S, IT'S CONVERTING A LEFT TURN LANE INTO A THROUGH LANE IN THE DIRECTION OF PEAK TRAFFIC FLOW. SO WITH THAT MOTION, AND IF IT'S APPROVED BY, BY THE CITY COMMISSION, WE CAN PROCEED WITH THE TRAFFIC ANALYSIS. WE WOULD GET TOGETHER WITH FO TO DEFINE THE METHODOLOGY FOR THIS ANALYSIS, THE SCOPE OF WORK, IF YOU WILL. AND WE WOULD NEED TO IDENTIFY FUNDING FOR IT. WHAT DO WE ANTICIPATE TO BE THE COST OF A STUDY OF THIS NATURE IN BALLPARK? I WOULD SAY OVER A HUNDRED THOUSAND. OVER A HUNDRED THOUSAND. AND WHEN, LIKE WITH THE PILOT PROGRAM THAT WE DO THAT WE HAVE THE RECIRCULATING RE RECIRCULATION PILOT PROGRAM. UH, DID WE HAVE TO DO A TRAFFIC STUDY WITH THAT? SO THAT WAS A PILOT. WE ARE DOING A, WE DID A PRE, UH, SO STUDY AND WE DO DO A PILOT PROGRAM ON CAN WE DO A PILOT PROGRAM ON, GIVEN THE NEED. I MEAN, PEOPLE ARE STUCK IN TRAFFIC PROBABLY RIGHT NOW. THEY'RE PROBABLY WATCHING US IN TRAFFIC. IF YOU'RE WATCHING US IN TRAFFIC, WE, OUR HEARTS ARE WITH YOU AND WE'RE TRYING TO FIND SOLUTIONS TO ALLEVIATE THE ISSUE FOR YOU. YOU SHOULD NOT BE WATCHING US. WELL, YOU SHOULD BE LISTENING. YOU SHOULD BE LISTENING . UM, CAN WE, CAN, CAN WE DO THIS VIA PILOT PROGRAM TO SEE LIKE, IS THIS WORTH EVEN STUDYING THAN AS A PERMIT SOLUTION? MR. VAL, I WOULD LOVE TO SAY YES, THIS IS A BIT MORE COMPLEX THAN, THAN THE 41ST STREET, UH, PILOT. UM, BECAUSE THIS IS AN ENTIRE CORRIDOR. IT'S 41ST STREET FROM ALTON TO COLLINS. AND WE'RE TALKING ABOUT, UM, FOR EXAMPLE, THERE WOULD NEED TO BE EITHER AN OFFICER AT EVERY SINGLE INTERSECTION DIRECTING PEOPLE ON THAT LANE AS TO WHERE TO GO AND WHERE NOT TO GO, BECAUSE SIGNALIZATION IS A BIG COMPONENT OF THESE TYPES OF PROJECTS. OKAY. SO WE, SO WE CAN WORK AROUND THAT. WE CAN'T, WE'RE RIDING A LANE, SO WE CAN'T DO THE COMMISSIONER SUAREZ APPROACH OF DOING A PILOT PROGRAM. NO. THIS, THIS ONE IS, IS A BIT MORE COMPLEX. AND, AND OKAY. WELL I, SO, UM, YOU KNOW, COMMISSIONER BOND, YOU MADE A MOTION. UH, I WOULD, I THINK I, I, YOU KNOW, CERTAINLY WE WANNA MOVE FORWARD WITH THIS. SO I WOULD LIKE TO BRING THIS BACK AND MAYBE, YOU KNOW, RATHER THAN HAVING TO WAIT UNTIL THE NEXT BUDGET PROCESS, IF WE COULD FIND A WAY, YOU KNOW, AGAIN, TRAFFIC IS ONE OF THOSE THINGS THAT PEOPLE ARE, YOU KNOW, THEY NEED THE SOLUTIONS AND THEY NEED THE SOLUTION NOW. THEY DON'T NEED THE SOLUTIONS NEXT FISCAL YEAR OR THREE FISCAL YEARS OF THE ROAD THAT'S GONNA TAKE AFTER A YEAR TO GET THIS STUDY. SO YEAH, SOONER THE BETTER. YEAH. SO COMMISSIONER SUAREZ, WHO RECOGNIZE, THANK YOU, MR. CHAIR. JOSE. SO DO YOU THINK THIS WOULD ACTUALLY IMPROVE THE SITUATION DURING RUSH HOUR? WELL, IT WOULD ADD CAPACITY. [02:25:01] EXCUSE ME. IT WOULD, IT WOULD CERTAINLY ADD CAPACITY. SO TO THAT EXTENT, I BELIEVE IT, IT COULD, UM, BECAUSE I MEAN, I THINK THE, THE ISSUE ON 41ST STREET GOING WEST IS REALLY BACKUPS ON 95 OR OR 1 95 WOULD ADDING AN EXTRA LANE HELP OR SO IF, IF THE CAUSEWAY, IT'S A VERY GOOD POINT. IF THE CAUSEWAY IS BACKED UP I 95 AND THE CAUSEWAY IS BACKED UP, EVERYTHING'S GONNA BE BACKED UP. EVERYTHING IS BACKED UP. BUT, UM, THERE MAY BE TIMES WHERE JUST HAVING AN ADDITIONAL LANE, THIS CONVERSION OF THE LEFT TURN LANE MAY HELP GET CARS THROUGH. BUT THERE'S, THERE'S A LOT OF DETAILS THAT NEED TO BE EVALUATED AS PART OF THIS. AT SOME POINT, UH, THERE'S A MERGE, THERE'S GOING, RIGHT? BECAUSE THERE AREN'T THREE LANES THAT ARE, IF EVEN IF WE PUT THREE LANES GOING WESTBOUND ON 41ST STREET, THERE AREN'T THREE RECEIVING LANES ON THE CAUSEWAY ITSELF. SO THERE'S ALREADY GONNA BE A, A, A PINCH POINT THERE. AND ALL THESE ARE, UH, ELEMENTS OF THE TRAFFIC STUDY THAT WILL BE LOOKED AT TO DETERMINE IF IT MAKES SENSE OR NOT. AND, AND ISN'T, ISN'T, ISN'T THERE GOING TO BE A CHANGE ON 1 95 COMING TO THE BEACH THAT I, I THINK IT WAS AT THIS COMMITTEE WHERE THEY EXPLAINED THE CHANGES THAT ARE, THERE IS A FUTURE PROJECT, BUT IT'S WAY, IT'S IT'S WAY OUT THERE. THEY'RE STILL IN THE PRELIMINARY ENGINEERING PHASE AND IT'S STILL MANY YEARS FROM CONSTRUCTION AND IT'S NOT FULLY FUNDED. YEAH. WE CAN'T WAIT THAT LONG, BUT CORRECT. BUT WHAT THIS, UH, AT LEAST THIS FEASIBILITY ANALYSIS WILL DO IS IT WILL LOOK AT WHETHER THIS, YOU KNOW, WHETHER THIS, UH, MAKES SENSE TO, TO DO AND WHAT IT WOULD COST. 'CAUSE THERE ARE SIGNALIZATION IMPLICATIONS. I, I THINK, YOU KNOW, MR. CHAIR AND, AND COLLEAGUES, I THINK THE NUMBER ONE ISSUE, DEFINITELY THE TOP THREE ISSUES THAT OUR RESIDENTS ALWAYS TELL US ABOUT IS TRAFFIC. YEP. AND I THINK IT'S MONEY WELL SPENT TO EXPLORE EVERY OPPORTUNITY, UH, WHERE WE HAVE SEVERE PAIN POINTS. UM, SO IN ABSENCE OF BUILDING A BRIDGE FROM COLLINS AVENUE TO THE, TO THE TUNNEL, WE CAN AT LEAST, UH, TRY TO MAXIMIZE OUR, OUR EXISTING ROADWAYS TO ADD CAPACITY. YEAH. ALRIGHT. SO I, I'LL MOVE THE ITEM. ALRIGHT. AND SECOND. SECOND. ALL RIGHT. AWESOME. SO BY ACCLIMATION WE CAN SHOW THIS ADOPTED. AND LET'S TRY TO BRING THIS PLEASE TO THE FEBRUARY COMMISSION MEETING. SO THIS IS CONCLUDED AT LAND USE AND A RECOMMENDATION ON TRAFFIC STUDY WILL BE BROUGHT TO THE COMMISSION? YES. OKAY. YES, PLEASE. THANK YOU. WITH THAT, UH, ANY OTHER ITEMS TO BE DISCUSSED HERE TODAY? DO YOU THINK ON THE LAST ITEM THERE SHOULD BE, AS PART OF THE RECOMMENDATION OF THE COMMISSION, A REFERRAL TO FERC SINCE IT INVOLVES A, UM, POTENTIAL BUDGET AMENDMENT? I WOULD, I, I THINK THERE'S MR. ATTORNEY DURS. WELL, I, I WANNA BE RESPECTFUL OF MY COLLEAGUE, UH, COMMISSIONER MAGAZINE. I, I, I WOULD LIKE TO SEE IF WE CAN GET THIS PASSED AT FINANCE AND THE COMMISSION, UM, WITH THE FIVE SEVENTH WAIVERS OR FIVE SEVENTH WAIVER FOR, FOR AN ITEM. UM, MR. ATTORNEY. GIMME ONE SECOND. LEMME JUST MAKE SURE. SO LET'S, LET'S, LET'S SEE IF, IF I, I REALLY LIKE TO BE RESPECTFUL OF MY COLLEAGUE. IF MY COLLEAGUE WANTS IT TO GO TO FERC, I'LL SEND IT TO FERC. YOU'RE VICE CHAIR OF FERC. UH, WHAT IS YOUR FEELING, MR. VICE CHAIR? UM, I, I'M OKAY WITH SENDING IT TO COMMISSION AND SEEING IF WE HAVE A FIVE SEVEN VOTE TO, TO APPROVE IT THERE. SO WITH, UH, WITH THE GUIDANCE OF THE VICE CHAIR OF FERC'S, UH, INPUT, WE WILL SEND IT TO, TO THE CITY COMMISSION. THERE, THERE IS THE OPTION OF A, OF A, OF A WAIVER, UM, ON A FIVE SEVEN. YEAH. OKAY. AND, AND IF COMMISSIONER MAGAZINE REALLY WANTS THIS TO BE CONSIDERED A PERCU, YOU KNOW, I'LL, I'LL RESPECT THAT IF HE WANTS TO PULL THE, THE ITEM. COLLEAGUES, THANK YOU FOR YOUR TIME. UH, COMMISSIONER BARAK PROMISE YOU AT FIVE 30 AND FIVE 30 WE'RE, WE'RE CONCLUDING THE MEETING AND TO THE, UH, 50 OFFICERS HEADING TO THE PRESIDENTIAL INAUGURATION REPRESENTING OUR CITY AND, UH, AND REPRESENTING US AT A, AN AN A HISTORIC MOMENT. UH, THANK YOU FOR REPRESENTING THE CITY OF MIAMI BEACH ALONG WITH THE OTHER POLICE DEPARTMENTS IN OUR COUNTRY. THANK YOU SO MUCH. HAVE A GOOD NIGHT. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.