[CALL TO ORDER] [00:00:04] GOOD MORNING AND WELCOME TO OUR MONTHLY COMMISSION MEETING, APRIL 22ND. LOOKING FORWARD TO A GOOD MEETING. THANK YOU TO MY COLLEAGUES WHO ARE HERE. WE'LL HAVE FULL QUORUM MOMENTARILY. I’LL TURN IT OVER TO OUR CITY CLERK, RALPH, TO GIVE US ANY PERTINENT ANNOUNCEMENTS. GOOD MORNING, EVERYONE. THE CITY COMMISSION IS PHYSICALLY PRESENT IN THE COMMISSION CHAMBER AT MIAMI BEACH CITY HALL, 1700 CONVENTION CENTER DRIVE, 3RD FLOOR. MEMBERS OF THE PUBLIC ARE INVITED TO ATTEND EITHER IN PERSON OR VIRTUALLY. IF YOU'RE JOINING US VIRTUALLY, YOU CAN LOG IN USING THE ZOOM APP OR VISIT ZOOM. US ON YOUR BROWSER. YOU CAN ALSO PHONE IN AT TOLL-FREE 888-475-4499. THAT'S 888-475-4499. THE WEBINAR ID IS 813-928-576-71-POUND. AGAIN, WEBINAR ID IS 813. 928-576-71-POUND. IF YOU WOULD LIKE TO SPEAK VIRTUALLY ON AN ITEM DURING THE MEETING, PLEASE CLICK THE RAISE HAND ICON IN THE ZOOM APP OR PRESS STAR-9 ON YOUR PHONE. THE ZOOM LINK, WEBINAR ID, AND PHONE NUMBER STAY THE SAME FOR EVERY COMMISSION MEETING. ALL LOBBYISTS MUST REGISTER WITH THE OFFICE OF THE CITY CLERK LOCATED ON THE FIRST FLOOR OF CITY HALL. YOU DO NOT NEED TO REGISTER IF YOU ARE AN EXPERT WITNESS GIVING ONLY TECHNICAL OR SPECIALIZED TESTIMONY, A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION OR NONPROFIT SPEAKING WITHOUT PAY, OR A PRIVATE CITIZEN SPEAKING ON YOUR OWN BEHALF WITHOUT COMPENSATION. HOWEVER, IF YOU'RE AN EXPERT WITNESS OR A NON-PROFIT OR A NEIGHBORHOOD REPRESENTATIVE, YOU DO NEED TO SUBMIT A WRITTEN DISCLOSURE FORM TO THE OFFICE OF THE CITY CLERK BEFORE SPEAKING WITH THE COMMISSION OR CITY STAFF. FORMS ARE AVAILABLE AT THE OFFICE OF THE CITY CLERK. IF A LOBBYIST GIVES OR AGREES TO GIVE $1,000 OR MORE TO A NEIGHBORHOOD ASSOCIATION OR ITS REPRESENTATIVE REGARDING A CITY MATTER, THAT MUST BE DISCLOSED IN WRITING TO THE CLERK. NOTE THAT CONTINGENCY FEES ARE NOT PERMITTED TO COMPENSATE LOBBYISTS. IF YOU PLAN TO SPEAK DURING THE COMMISSION MEETING TODAY, PLEASE SIGN IN. YOU CAN SIGN IN IN THE SIGN-IN SHEETS ON THE PODIUM OR USE THE QR CODES ALSO LOCATED ON THE PODIUMS. THANK YOU, MAYOR. THANK YOU, RALPH. RICK. GOOD MORNING. PURSUANT TO SECTION 286.011, SUBPARAGRAPH 8, FLORIDA STATUTES, AS CITY ATTORNEY, I HEREBY ADVISE THE MAYOR AND CITY COMMISSION THAT I DESIRE ADVICE CONCERNING THE FOLLOWING PENDING LITIGATION MATTER. PENROD BROTHERS INC. VERSUS THE CITY OF MIAMI BEACH AND BOUCHER BROTHERS. CASE NUMBERS 2023-16657-CA-01, 2023-56-AP-012, 2023-CV-23362, AND 2025-13415. THESE CASES ARE BEFORE. THE FLORIDA 11TH CIRCUIT CIVIL, FLORIDA 11TH CIRCUIT CIVIL APPELLATE DIVISION, THE SOUTHERN DISTRICT OF FLORIDA, AND THE 11TH CIRCUIT COURT OF APPEALS FEDERAL. THEREFORE, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE HELD DURING THE LUNCH RECESS OF THE CITY COMMISSION MEETING IN THE CITY MANAGER'S LODGE CONFERENCE ROOM ON THE FOURTH FLOOR OF CITY HALL TO DISCUSS SETTLEMENT NEGOTIATIONS AND OR STRATEGY RELATED TO LITIGATION EXPENDITURES REGARDING THE ABOVE-REFERENCED LITIGATION MATTER. THE MAYOR WILL ANNOUNCE THE COMMENCEMENT OF THE ATTORNEY-CLIENT SESSION PRIOR TO RECESSING THE COMMISSION MEETING. THANK YOU. WE HAVE A LOT OF CELEBRATIONS GOING ON IN OUR CITY TODAY. SOME OF US ARE COLOR-COORDINATED TO REFLECT ONE OR BOTH OF THOSE OCCASIONS. IT IS YOM HA'ATZMUTH, WHICH IS THE MODERN STATE OF ISRAEL’S INDEPENDENCE DAY CELEBRATION, 78TH. BIRTHDAY TODAY, SO A LOT OF CELEBRATIONS LAST NIGHT. TODAY IT'S ALSO EARTH DAY, SO CONGRATULATIONS, AND WE'LL CELEBRATE THAT AS WELL. SO A LOT OF GOOD THINGS HAPPENING TODAY, BUT OBVIOUSLY A LOT OF WORK AS WELL. IT'S MY HONOR TO INVITE PASTOR EDDIE GERVAIS, OUR MIAMI BEACH POLICE CHAPLAIN. I LOVE THAT BADGE. IT MAKES IT LOOK GOOD. THANK YOU. GOOD MORNING, MAYOR, COMMISSIONER, CITY MANAGER, AND DISTINGUISHED GUESTS. MY NAME IS PASADY JERVIS. IT IS AN HONOR TO STAND BEFORE YOU TODAY ON THIS WONDERFUL WEDNESDAY MORNING. LET ME GIVE YOU A LITTLE STORY. IN 1991, BEFORE I GIVE THE INVOCATION, I HAD AN OPPORTUNITY TO TRAVEL TO ROMANIA ON SCHOOL FOR A MISSIONS TRIP JUST AFTER THE FALL OF COMMUNISM. IT WAS A NATION IN TRANSITION SEARCHING FOR IDENTITY. STABILITY AND HOPE AND DURING THAT TRIP A TRANSLATOR DISCOVERED THAT WE WERE FROM MIAMI WITH EXCITEMENT AND THE FIRST WORDS OUT OF HIS MOUTH MIAMI BEACH MIAMI BEACH HE DID NOT SAY NEW YORK HE DID NOT [00:05:01] MENTION LA HE DID NOT EVEN MENTION UNITED STATES. HE MENTIONED MIAMI BEACH. AND HE REQUESTED TO TRAVEL BACK WITH US, RESERVING A SUITCASE SPOT FOR HIM. IN THAT MOMENT, I REALIZED SOMETHING POWERFUL. MIAMI BEACH IS NOT JUST A CITY, IT'S A GLOBAL SYMBOL. IT IS A BEACON. IT IS A BRAND. IT IS A WITNESS TO THE WORLD. AND WITH THAT RECOGNITION COMES RESPONSIBILITY. MR. MAYOR, YOU HAVE IT. COMMISSIONERS, YOU HAVE THAT RESPONSIBILITY, THE POWER OF LEADERSHIP TO DETERMINE THIS CITY ON THE MAP, THE POWER OF LEADERSHIP TO DETERMINE WHAT IT REPRESENTS. TODAY, WE'RE STANDING HERE REMINDED THAT THE WORLD IS WATCHING. YOU'RE NOT JUST BUILDING, YOU'RE TELLING THE WORLD HOW TO BUILD. YOU'RE NOT JUST PROMOTING, YOU'RE LETTING THE WORLD KNOW WHAT YOU STAND FOR. AND IT ALL BEGINS IN THIS ROOM, IN THIS CHAMBER, THE MEETING PLACE. THE LAUNCHING PAD, THE DECISION THAT NOT ONLY SHAPED THIS CITY, BUT BUILT INFLUENCE GLOBALLY. MIAMI BEACH, LET US PRAY. HEAVENLY FATHER, WE JUST THANK YOU FOR THE PRIVILEGE AND SERVICE OF LEADERSHIP. AND WE ASK THAT YOU WOULD GRANT WISDOM TO THE MAYOR AND EVERY COMMISSIONER IN THIS ROOM, WISDOM TO DISCERN WHAT IS RIGHT, WHAT IS JUST, WHAT IS THE BEST. FOR THE PEOPLE THEY SERVE. GIVE THEM CLARITY IN DECISION MAKING, COURAGE IN MOMENTS OF PRESSURE, AND UNITY IN THE MIDST OF DIVERSITY. STRENGTHEN THEIR MINDS, GUIDE THEIR HEARTS, AND LORD, HONOR THEIR STEPS. MAKE EVERY DECISION HERE REFLECT INTEGRITY, COMPASSION, AND VISION THAT UPLIFTS NOT ONLY THE CITY, BUT SET AN EXAMPLE FOR OUR NATION AND WORLD. LET THE CITY OF MIAMI BEACH CONTINUE TO BE A BEACON NOT ONLY OF BEAUTY AND INFLUENCE, BUT OF RIGHTEOUSNESS, EXCELLENCE, AND HOPE. IN YOUR NAME WE PRAY. AMEN. PASTOR, THANK YOU. THAT WAS VERY POWERFUL. YOU ACTUALLY HAD CHILLS UP HERE LISTENING TO YOU SPEAK. SO THANK YOU. AND I HAVE THAT, AND I THINK PROBABLY SPEAK FOR EVERYONE HERE. YES, MIAMI BEACH, NO MATTER WHERE YOU GO IN OUR COUNTRY, AROUND THE GLOBE, HAS A SPECIAL REACTION FROM PEOPLE. THANK YOU FOR REMINDING US OF THAT AND OF OUR RESPONSIBILITY WITH THAT. AND IT'S A BIG WEIGHT. THANK YOU, MR. BARRETT. THANK YOU, COMMISSIONERS. AND REMEMBER, SOUTH BEACH IS NOT MIAMI BEACH. I MEAN, NOT MIAMI, THE CITY OF MIAMI. WE'RE TWO DIFFERENT CITIES. BLESSINGS. I’M ALWAYS REMINDING, OFTEN I GET INTRODUCED, THEY MENTION MIAMI, I’M LIKE, MIAMI BEACH. AND WE DO. WE PUT IT IN THE NAME OF A LOT OF THE BANDSHOW. WE MAKE SURE THAT WE REMIND PEOPLE. SO THANK YOU FOR THAT. WELL, SINCE IT IS EARTH DAY, WE HAD ARBOR DAY, I’M LOOKING AT AMY KNOWLES IN THE BACK TO MAYBE, WOULD YOU WANT TO COME UP AND LEAD US IN THE PLEDGE OF ALLEGIANCE? AMY IS OUR CHIEF RESILIENCE OFFICER AND DIRECTOR OF THE ENVIRONMENT AND SUSTAINABILITY DEPARTMENT. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD. INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. [R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM. (8:35 A.M./1:00 P.M.)] OKAY, WE'LL START OUR SUTTONIC TIME NOW. THANK YOU, MAYOR. ANYONE WHO'S INTERESTED IN SPEAKING TO THE COMMISSION, PLEASE APPROACH THE PODIUM. STATE YOUR NAME, ADDRESS, AND YOU HAVE TWO MINUTES. GOOD MORNING COMMISSIONERS, MAYOR AND CITY STAFF. MY NAME IS JOSEF RIAS AND I’M RESIDENT OF THE YACLOPO-TOFINO MARINA TOWNHOUSE. I HAVE BEEN PART OF THE MARINA COMMUNITY NEARLY FOUR DECADES. FIRST I WOULD LIKE TO THANK COMMISSIONER ALEX FERNANDEZ FOR TAKING THE INITIATIVE TO INTRODUCE TERRA GROUP DAVID MARTIN REGARDING A POTENTIAL MARINA PROJECT BY MONTES AS WELL AS A... POSSIBLE UPDATE TO THE 1999 LIST TO REFLECT TODAY'S CONDITIONS. I ALSO WANT TO THANK, TO RECOGNIZE, AND ACKNOWLEDGE THE CHALLENGE THAT OUR NEIGHBORS HAVE FACED OVER THE PAST SEVERAL YEARS. THE INCREASE IN CHARTER BOAT ACTIVITY HAS BROUGHT IMPACT THAT THE MARINA INFRASTRUCTURE WAS NEVER DESIGNED TO SUPPORT, PARTICULARLY SAFETY AND QUALITY OF LIFE. FOR RESIDENTS. ADDITIONALLY, I WOULD LIKE TO THANK CITY MANAGER OZZY DOMINGUEZ AND ASSISTANT CITY MANAGER MARK TAXI FOR TAKING THE TIME TO MEET WITH OUR GENERAL MANAGER, [00:10:01] CHIEF ENGINEER, AND MYSELF. WE APPRECIATE THE OPPORTUNITY TO ADDRESS ONGOING CONCERNS, ESPECIALLY REGARDING THE MISUSE OF THE NOW-PUBLIC JACK CLUB PORTOFINO GARAGE AND HOW THAT RELATES TO THE ORIGINAL LEASE TERMS. MOVING FORWARD. WE RESPECTFULLY ASK THE CITY TO REMAIN PROACTIVE, NOT ONLY IN PLANNING FOR THE FUTURE IMPROVEMENT, BUT ALSO IN ENFORCING THE CURRENT LEASE REQUIREMENTS AND OPERATIONAL STANDARDS. WE WOULD ALSO APPRECIATE A CLEAR FOLLOW-UP AND ACCOUNTABILITY ON THESE ISSUES. OUR GOAL IS SIMPLY TO ENSURE THAT THIS MARINA OPERATES AS INTENDED, A FIRST-CLASS FACILITY THAT COEXISTS RESPONSIBLY. WITH THE RESIDENTIAL COMMUNITY. THANK YOU FOR YOUR TIME AND CONSIDERATION. THANK YOU, SIR. NEXT, PLEASE. OKAY, DOCUMENTS TO HAND OVER TO THE COMMISSIONERS. YES, HI. MY NAME IS ANIR GHANDE. I’M A RESIDENT OF MIAMI BEACH. I GREW UP HERE AND ALSO, I RUN A BUSINESS OUT OF HERE, JUST DOWN THE STREET. SO MY TOPIC OF DISCUSSION IS PADDLE COURTS. BASICALLY, I WANTED TO BRING THIS UP. I WANT TO FIRST ASK EVERYBODY IN THE ROOM IF ANYBODY HAS PLAYED PADDLE. OKAY, NOT MANY PEOPLE HAVE. SOME PEOPLE HAVE. OKAY, THAT'S GREAT. AND WHO HAS PLAYED? HE LOOKS SPORTY. AND HOW MANY PEOPLE HAVE PLAYED TENNIS? MORE PEOPLE HAVE PLAYED TENNIS. AND HOW ABOUT SQUASH? OKAY. OKAY. AND THEN THE LAST ONE IS PICKLEBALL. THAT'S ANOTHER POPULAR SPORT NOWADAYS. OKAY, PERFECT. JUST A FEW. I LOVE THIS INTERACTION. PADDLE AND PADDLE, BASICALLY, IS PADDLE. IT'S THE SAME THING, YEAH. PADDLE, RIGHT? YES, YES. SO BASICALLY, I WANTED TO BRING THIS TOPIC UP BECAUSE WHAT HAPPENS IS... THERE'S A LOT OF PROPOSALS COMING IN FRONT OF YOU GUYS FOR MORE AND MORE PICKLEBALL COURTS AND MORE AND MORE PADDLE COURTS. AND I THINK THERE'S A PROBLEM WITH THE DEFINITION OF THIS PADDLE COURT. IN FACT, IT'S NOT REALLY A COURT. IT'S A STRUCTURE. IT'S A BUILDING STRUCTURE. SO I CREATED A CHAT GPT-GENERATED DOCUMENT WHICH EXPLAINS THE DIFFERENCE BETWEEN THE DIFFERENT SPORTS. AND ALSO, YOU KNOW, HOW YOU HAVE TO BUILD THESE STRUCTURES FOR PADDLE DIFFERENTLY FROM TENNIS AND SO ON. AND THEN I ALSO CREATED ANOTHER DOCUMENT WHICH SHOWS THE DIFFERENT PROJECTS THAT ARE IN COMMERCIAL ZONES AND ALSO PROJECTS THAT HAD SOME PROBLEMS IN THE RESIDENTIAL ZONES. IN WEST PALM BEACH, A BILLIONAIRE, FOR EXAMPLE, WANTED TO BUILD A PADDLE COURT, PADDLE STRUCTURE ON HIS BACKYARD, AND NOW HE HAD SOME ISSUES AND SO ON. ANYWAY. I THINK I’M RUNNING OUT OF TIME, RIGHT? SO OVERALL, MY ISSUE IS, ONE, THERE'S A PADDLE COURT STRUCTURE THAT'S GOING TO BE BUILT ON THE TOP OF THE PARKING GARAGE. THAT'S GOING TO ELIMINATE 200 PARKING SPACES. IT'S A GOOD LOCATION BECAUSE IT DOESN'T CREATE ANY LIGHT POLLUTION. IT DOESN'T CREATE ANY NOISE. IT'S AWAY FROM RESIDENTIAL ZONING. IT'S GREAT. BUT THEN THERE'S A PROPOSAL, WHICH YOU'RE GOING TO REVIEW TODAY, IN THE AFTERNOON, WHERE THE DESIGN REVIEW BOARD APPROVED TO BUILD FOUR PADDLE COURTS, FOUR PADDLE STRUCTURES BEHIND MY HOUSE ON LAGORSE, YOU KNOW, GOLF COURSE. I BOUGHT A GOLF COURSE PROPERTY WHEN I MOVED BACK FROM SAN FRANCISCO, AND NOW I’M GOING TO HAVE NO VIEW. I NEED YOU TO WRAP IT UP. SO THESE THINGS CREATE LIGHT POLLUTION. THEY CREATE NOISE. SO I THINK WHEN THE COMMISSIONERS AND THE CITY PERSONNEL REVIEW THE CASES, THEY HAVE TO INTERPRET THESE PADDLE COURTS AS PADDLE STRUCTURES. AND THEY HAVE TO ALSO LOOK AT WIND MITIGATION STUDIES. THEY HAVE TO LOOK AT ENVIRONMENTAL EFFECTS, HOW THE LIGHTS ARE GOING TO IMPACT THE BIRDS, US, HUMANS, AND HOW WE'RE GOING TO SLEEP AT NIGHT IF THEY'RE GOING TO BUILD IT NEXT TO MY HOUSE. SO I REALLY WOULD LIKE TO ASK YOU TO START THINKING ABOUT THOSE KIND OF THINGS WHEN YOU'RE APPROVING THINGS. SO THANK YOU SO MUCH. AND I HAVE ONE MORE COMMENT. I NEED YOU TO WRAP IT UP. WE HAVE ANOTHER SESSION IN THE AFTERNOON. YES, YES, BUT I HAVE ONE MORE COMMENT. THIS IS ABOUT ETHICS. THE CITY ATTORNEY, NICK CALERGIS, NEEDS TO BASICALLY APPLY SOME RULES OF THE FLOOR WHEN HE OVERSEES THE SESSIONS. FOR EXAMPLE, WHEN THE DESIGN REVIEW BOARD MEMBER IS VOTING, FOR EXAMPLE, FOR THE PADDLE COURTS [00:15:01] TO BE BUILT IN FRONT OF MY HOUSE, SHE SHOULD MAKE A DISCLOSURE ABOUT THE FACT THAT SHE OWNS TWO HOUSES ON THE GOLF COURSE. SHE SHOULD ALSO MAKE A DISCLOSURE ABOUT WHETHER SHE IS A MEMBER OF THE CLUB OR NOT, OR WHETHER HER HUSBAND OR SON IS A MEMBER OF THE CLUB OR NOT. THANK YOU, SIR. YOU'RE WELCOME. AND NONE OF THESE DISCLOSURES WERE MADE, AND I THINK IT'S REALLY NOT ETHICAL. SO I GOT AFFECTED BY THIS, SO I JUST WANTED TO BRING THIS UP. I HAD TO FLY FROM LONDON HERE TO PRESENT MY CASE. THANK YOU. WELL, THANK YOU. THANK YOU FOR BEING HERE. IS THAT A PUBLIC COMMENT ITEM? NEXT, PLEASE. THANK YOU. MR. MAYOR, JUST A SUGGESTION. JUST A SUGGESTION. COMMISSIONER FERNANDEZ, MAYBE WE CAN REFER A DISCUSSION TO LAND USE. ON THE ISSUE SO WE CAN EXPAND ON THE DISCUSSION ON SETBACKS AND THAT TYPE OF STUFF. HOW ABOUT IT, PATEL? JUST A SUGGESTION. I’M HAPPY TO DO IT, BUT THERE IS AN ITEM LATER ON THE AGENDA, CORRECT? IT'S A DRB APPEAL. THERE'S A QUASI-JUDICIAL HEARING ON A DRB APPEAL, SO I THINK WHAT COMMISSIONER FERNANDEZ IS SUGGESTING IS DIFFERENT TO ADDRESS BROADER ISSUES. SURE. HAPPY TO DO IT. THANK YOU. SO BY ACCLAMATION OF REFERRAL TO LAND USE TO DISCUSS SETBACKS REGARDING PADDLE COURTS? YEAH AND OTHER THINGS. OTHER RELATED. YEAH OKAY GOT IT. OKAY SO THANK YOU SIR GO AHEAD PLEASE. ALL RIGHT GOOD MORNING EVERYONE. MY NAME IS MANNY OROZCO. I AM HERE IN MY PERSONAL CAPACITY OF A LIFELONG MIAMI BEACH RESIDENT IN SUPPORT OF THE TOWING ITEM. I WILL NOT MISS WORDS IN SAYING THAT TOWING IN MIAMI BEACH IS KNOWN TO BE PREDATORY AND IT REPRESENTS SOME OF THE WORST OF WHAT OUR CITY HAS TO OFFER OUR RESIDENTS. YES, I HAVE BEEN TOWED ONE TOO MANY TIMES SINCE I FIRST GOT BEHIND THE WHEEL AT 15, SO SAFE TO SAY I HAVE BEEN WAITING FOR THIS MOMENT. BUT MY MOST RECENT TOWING JUST A FEW MONTHS AGO IS EMBLEMATIC OF WHAT IS WRONG WITH THE SYSTEM. I WAS TOWED FROM MY RESIDENTIAL ZONE JUST LESS THAN ONE-THIRD OF MY CAR WAS TOUCHING THE YELLOW CURB. YET MY ENTIRE CAR WAS TAKEN. AND ON TOP OF THE TOW, THE CITY ISSUES A TICKET, SO YOU'RE HIT TWICE. THERE'S NO WORSE FEELING THAN WALKING OUTSIDE AND FINDING YOUR CAR GONE, TAKEN AND TICKETED, OVER NO REAL PUBLIC SAFETY JUSTIFICATION. IT FEELS LIKE A VIOLATION BECAUSE IT IS. AND THE PREDATORY BEHAVIOR GOES BEYOND JUST THE TOW ITSELF. THESE COMPANIES KNOW EVERY TRICK, CLAIMING THEIR CARD MACHINES DON'T WORK, SO YOU'RE FORCED TO USE THEIR ATM MACHINES AND PAY ADDITIONAL FEES. I ONCE CAUGHT THEM ATTEMPTING TO TOW MY CAR FROM A PRIVATE LOT WITHOUT THE PROPERTY OWNER CALLING FOR THE TOWING, KNOWING THAT THEY CAN'T DO THAT. BUT I ONLY KNEW THAT BECAUSE OF MY BACKGROUND IN LOCAL GOVERNMENT. MOST PEOPLE DON'T. AND THAT IS EXACTLY WHY STRONGER OVERSIGHT OF THESE OPERATORS NEED TO BE PART OF ANY REFORM. MIAMI BEACH IS HOME TO PEOPLE OF EVERY SOCIAL ECONOMIC BACKGROUND. WHEN YOUR CAR IS TAKEN, YOU'RE REQUIRED TO PAY LARGE SUMS OF MONEY. THAT IS NOT A MINOR INCONVENIENCE. THAT IS A CRISIS FOR SOME PEOPLE. COMMISSIONER FERNANDEZ, COMMISSIONER BOTT, AND EVERY CO-SPONSOR, THANK YOU GENUINELY. BUT I ASK THAT THE COMMISSION GO ONE STEP FURTHER. WHEN THE ADMINISTRATION RETURNS WITH THEIR REFORM PLAN, PLEASE CONSIDER INCLUDING A RETROACTIVE APPEALS WINDOW WHERE RESIDENTS TOLD FOR MARGINAL VIOLATIONS IN THE LAST 12 TO 24 MONTHS CAN PETITION FOR A REFUND OR A FEE WAIVER AND PAIR THAT WITH REAL ACCOUNTABILITY. OTHER CITIES HAVE DONE THIS. IT IS REASONABLE. IT IS DOABLE. AND IT IS THE RIGHT THING TO DO FOR THE RESIDENTS OF MIAMI BEACH WHO HAVE BEEN SCREWED OVER BY THE TOWING COMPANIES. THANK YOU VERY MUCH. THANK YOU, MANNY. THANK YOU, COMMISSIONER FERNANDEZ, FOR BRINGING THE ITEM. I’VE ACTUALLY GOTTEN, IN PROBABLY THE LAST TWO OR THREE WEEKS, MORE COMPLAINTS ABOUT THE TOWING THAN I HAD IN SEVERAL YEARS. SO SOMETHING HAS TO BE GOING ON. I’M GETTING A LOT OF COMPLAINTS ABOUT IT. SO TIMELY ITEM. THANK YOU, COMMISSIONER. THANK YOU, SIR. GO AHEAD. GOOD MORNING, MAYOR, COMMISSIONERS, MATTHEW GOLTANOFF, 125 JEFFERSON AVENUE. LAST THURSDAY, A WOMAN WAS KILLED CROSSING 41ST STREET, JUST A FEW BLOCKS FROM THE MAYOR'S HOME. SHE HAD THE GREEN LIGHT, SHE HAD THE WALK SIGNAL, AND SHE WAS IN THE CROSSWALK. SHE DID EVERYTHING RIGHT. A LEFT-TURNING TRUCK DRIVER HIT HER WITH HER MIRROR, AND WHEN SHE FELL, THE TRUCK'S REAR WHEELS RAN HER OVER. I DON'T KNOW HER NAME. BUT I KNOW THIS, IT COULD HAVE BEEN ANY ONE OF US. THE NEXT DAY, A BICYCLIST WAS HIT ON ALTON ROAD, AND RECENTLY A CONSTRUCTION WORKER CRASHED ON 17TH STREET. THOSE ARE JUST A FEW OF WHAT WE HEARD ABOUT. LAST YEAR, ACCORDING TO SIGNAL 4 ANALYTICS, NINE PEOPLE DIED [00:20:01] ON MIAMI BEACH'S STREETS. THAT'S UP FROM FIVE THE YEAR BEFORE. WE'RE TRENDING IN THE WRONG DIRECTION. MR. MAYOR, YOU SAY THAT YOU WANT MIAMI BEACH TO BE THE SAFEST CITY IN AMERICA, AND YOU BOASTED ABOUT BRINGING DOWN VIOLENT CRIME, ESPECIALLY IN MARCH. BRAVO. YOU AND OTHERS DESERVE PRAISE FOR THAT. BUT FOR MOST RESIDENTS, THE REAL THREAT ISN'T A RANDOM ACT OF VIOLENCE. IT'S CROSSING THE STREET. IT'S RIDING A BIKE. FLORIDA LEADS THE NATION IN PEDESTRIAN AND BICYCLIST DEATHS, OR BICYCLISTS KILLED. AND YET, SILENCE FROM THE STATUS. EVERY WEEK, THIS COMMISSION GETS A WEEKLY HOMELESS EFFORTS EMAIL. IT'S A SCORECARD OF PEOPLE ARRESTED, BAKER ACT, OR TAKEN TO SHELTERS. EVERY WEEK YOU MEASURE ENFORCEMENT AGAINST THE UNHOUSED. WHERE IS THE WEEKLY EMAIL OF TRAFFIC CRASHES? IF IT MATTERS, YOU MEASURE IT. ALMOST A YEAR AGO, THE CITY ADOPTED A VISION ZERO ACTION PLAN WITH A GOAL OF ELIMINATING DEATHS AND SERIOUS INJURIES ON OUR STREETS. THE TARGET DATE, 2040. 15 MORE YEARS. MEANWHILE... EXCUSE ME, MR. MAYOR, COULD I HAVE ONE MORE MINUTE? YES. THANK YOU. MEANWHILE, HOBOKEN, NEW JERSEY, HASN'T HAD A TRAFFIC DEATH SINCE JANUARY 2017. ALMOST 10 YEARS. IT'S A CITY OUR SIZE, AND IT'S JUST ACROSS THE WATER FROM MANHATTAN, LIKE WE'RE ACROSS THE WATER FROM DOWNTOWN MIAMI. THEY DIDN'T WAIT UNTIL 2040. SO I ASK, WHAT WILL YOU DO TO MAKE IT SAFER FOR PEOPLE TO CROSS THE STREET? RESIDENTS DON'T JUST FEEL UNSAFE. THE DATA PROVES THAT THEY AREN'T. THANK YOU. THANK YOU, MATT. ACTUALLY, I APPRECIATE YOUR COMMENTS. I’M PRESENTING TOMORROW TO THE MIAMI-DADE TPO, A TRANSPORTATION PLANNING ORGANIZATION. WATER TAXI IS A BIG TOPIC CONVERSATION, BUT SO IS BICYCLE SAFETY, BICYCLE LANES, PEDESTRIAN SAFETY. THAT'S PART OF WHAT I’M GOING TO BE ADDRESSING. IT'S A COUNTYWIDE PROBLEM. THE NUMBERS ARE NOT GOOD. COUNTY-WIDE, AS YOU KNOW, AND CERTAINLY IT'S SOMETHING THAT WE'RE LOOKING TO ADDRESS. I’LL ALSO ADD, YOU MENTIONED THE TRAGEDY LAST WEEK ON 41ST, AND I MAY ASK MY COLLEAGUES FOR HELP ON THIS TOO. I HAD BROUGHT AN ITEM A YEAR OR SO, PROBABLY MORE. THERE'S TWO LANES ON 40TH AND 42ND. 40TH AND 42ND, THERE'S THREE INTERSECTIONS THAT WE CAN ADD AN EXTRA LANE. SO YOU CAN HAVE A DEDICATED LEFT TURN LANE WITH A SIGNAL. BUT IT REQUIRES SOME, AND WE'RE GOING TO NEED TO PUSH FDOT ON THIS IN A BIG WAY. AND THAT WOULD NOT ONLY POTENTIALLY EASE TRAFFIC, BECAUSE I’M A BELIEVER THAT A LOT OF THE PROBLEMS IS TOO MUCH TRAFFIC, SO YOU HAVE SO MANY CARS AND PEDESTRIANS, BUT YOU ALSO HAVE A SITUATION WHERE WE COULD HAVE A DEDICATED LEFT TURN LANE ON THREE OF THE INTERSECTIONS, AND WE NEED TO MAKE SURE THAT HAPPENS. THERE'S, I MEAN, MY UNDERSTANDING IN THAT SITUATION IS THE DRIVER, FOR WHATEVER REASON, DIDN'T EVEN SEE HER. DON'T KNOW WHY THAT IS. I’LL LEAVE IT TO THE POLICE TO CONDUCT THEIR INVESTIGATION. BUT A TRAGEDY NONETHELESS. BUT WE RECOGNIZE THE ISSUES. THANK YOU. THANK YOU, MR. MAYOR. IS THERE ANYONE ELSE PRESENT? GOOD MORNING. I’M MITCH NOVICK. I MANAGE TWO... MULTI-FAMILY UNIT APARTMENT BUILDINGS HERE ON MIAMI BEACH. YESTERDAY I RECEIVED MY TWO WASTE CONNECTIONS TRASH INVOICES. THEY'VE GONE UP 17% OVER LAST MONTH. I CALLED, MY ACCOUNT MANAGER SAID IT'S PRETTY MUCH ACROSS THE BOARD, AND WHEN I ARRIVED HERE NEARLY 40 YEARS AGO WE HAD TO SEVEN TRASH HAULERS TO CHOOSE FROM. IN RECENT YEARS, THAT'S DOWN TO TWO IN TERMS OF TWO AVAILABLE. I WOULD URGE YOU TO IMMEDIATELY ADD A THIRD TRASH HAULER TO MAKE FOR SOME TRUE COMPETITION BECAUSE IT'S THE RESIDENTS HERE WHO ARE GETTING TRASHED DUE TO THIS MONOPOLY. I’VE BEEN FOLLOWING YOUR WATER RATE INCREASE DISCUSSIONS. YOU WANT TO RAISE THE RATES BY 10% EACH YEAR FOR THE NEXT FIVE YEARS. LET ME REMIND YOU SINCE JIMMY MORALES BECAME OUR CITY MANAGER, I DON'T KNOW WHAT WAS IT 15 YEARS AGO, WE'VE HAD RATE [00:25:01] INCREASES EVERY YEAR IN OCTOBER ON UTILITY RATE UTILITY BUILDING WATER RATES I WOULD URGE YOU TO CAUTIOUS IN THAT TIME SINCE JIMMY ARRIVED HERE. WE'VE HIRED 500 MORE EMPLOYEES. IT'S NOT SO MUCH THE WATER RATES THEMSELVES. IT'S THE INFRASTRUCTURE IMPROVEMENTS THAT I’VE BEEN PAYING FOR. WE'VE HAD INCREMENTAL INCREASES YEARS AGO. OUR INFRASTRUCTURE, BY ALL MEANS, SHOULD HAVE BEEN GOLD-PLATED BY NOW. SO THAT SHOULD BE A PRIMARY FOCUS. THANK YOU. THANK YOU. ANYONE ELSE PRESENT WISHES TO SPEAK? SEEING NONE, I’M GOING TO GO TO ZOOM. OUR FIRST CALLER IS DAVID. DAVID, STATE YOUR NAME, ADDRESS, AND YOU HAVE TWO MINUTES. DAVID, GO AHEAD, PLEASE. DAVID, WE CANNOT HEAR YOU. UH CAN YOU HEAR ME NOW YES OKAY DAVID SEXTON 30-YEAR RESIDENT OF MIAMI BEACH I WANT TO THANK THE COMMISSION FOR MOVING FORWARD WITH THE BYRON CARLISLE IT'S A PROJECT THAT IS NEAR AND DEAR TO NORTH BEACH AND TO ALL OF OUR RESIDENTS WE GOT GREAT RESULTS FROM THE RFQ THAT RESULTED IN A THREE-WAY TIE ALL THREE OF THOSE FIRMS ARE AMAZING, BUT ONE OF THOSE FIRMS, BROOKS SCARPA UBER ARCHITECTS, HAS TRUE CONNECTIONS TO OUR COMMUNITY. THE OTHER TWO ARE BASED IN OTHER COUNTRIES, AND THIS FIRM HAS PEOPLE INVOLVED IN IT THAT ARE ACTUALLY RESIDENTS OF OUR COMMUNITY. SO IN THE CASE OF THIS TIE, I THINK WEIGHT HAS TO BE PLACED ON THAT LOCAL CONNECTION. AND I HOPE THAT THAT'S THE WAY THIS WILL MOVE FORWARD. THANK YOU. THANK YOU. OUR NEXT CALLER IS RACHEL SIEGEL. STATE YOUR NAME, ADDRESS, AND YOU HAVE TWO MINUTES. MS. SIEGEL, PLEASE UNMUTE YOURSELF. I’M SORRY. OKAY. CAN YOU HEAR ME NOW? YES, GO AHEAD, PLEASE. OKAY, MY NAME IS RACHEL TREGO. I LIVE RIGHT BY SOUTH POINT PARK AND I OWN AN EIGHT-POUND DOG WHO LOVES TO PLAY. SHE'S ONLY TWO YEARS OLD AND SHE LOVES TO RUN AROUND AND PLAY. AND UNFORTUNATELY, THERE'S NO PLACE WHERE SHE COULD SAFELY RUN. AND THEREFORE, WHAT I AM REALLY SUPPORTING IS THE RESOLUTION TO CREATE AN EARLY MORNING OFF-LEASH AREA SO MY DOG AS WELL AS THE BIG DOGS THAT ARE ABLE TO DO THAT IN THE DOG PARK CAN ENJOY BEING A DOG AND RUN AROUND AND RUN FREE WITHOUT A LEASH AND SHE COULD GET HER EXERCISE AND LIVE AS HAPPILY AS THE BIG DOGS THAT GET TO ENJOY THE DOG PARK THE EXISTING DOG PARK SO I REALLY WAS APPRECIATED IF THERE WAS A TIME THAT I COULD TAKE MY DOG OFF LEASH AND NOT BE HARASSED BY THE RANGERS. THANK YOU SO MUCH. THANK YOU MS. EAGLE. OUR NEXT CALLER IS OMAR. OMAR STATE YOUR NAME, ADDRESS AND YOU HAVE TWO MINUTES. HI OMAR JIMENEZ 7324 GARY AVENUE MIAMI BEACH NORTH BEACH. GOOD MORNING EVERYONE. IN RECOGNITION OF EARTH DAY, I’M CALLING ABOUT A VERY IMPORTANT PUBLIC SAFETY ITEM THAT'S BEEN ON THE AGENDA FOR ABOUT TWO YEARS NOW WITHOUT ANY PROGRESS. COMMISSIONER DOMINGUEZ INITIALLY SPONSORED IT AND IT WAS CO-SPONSORED BY TANYA BATH. THAT IS CRAB ALLEY OR TATUM WATERWAY WALKWAY IN NORTH BEACH. AS WE CELEBRATE EARTH DAY, A BIG PUSH TO QUALIFY OUR CITY AS A BLUE ZONE, BUT I THINK IT'S VERY IMPORTANT TO HIGHLIGHT THE CURRENT IMPASSE THAT THE CITY ATTORNEY'S OFFICE HAS BEEN HAVING WITH THE COUNTY SCHOOL BOARD AND THE COUNTY IN RELATION TO ESTABLISHING A SUCCESSFUL EASEMENT AGREEMENT ON THE TATUM WATERWAY WALKWAY. IN ORDER TO ALLOW THE CITY OF MIAMI BEACH TO DO THE RIGHT NECESSARY PUBLIC SAFETY UPGRADES TO THE WALKWAY, THAT'S CURRENTLY ALL BROKEN UP AND UNSAFE TO ADD LIGHTING SO THAT AT NIGHT IT'S NOT UNSAFE FOR RESIDENTS. AND TO CURTAIL VAGRANCY SO THAT PEOPLE DON'T GO THERE TO SMOKE DRUGS AND HOMELESS PEOPLE USE IT AS A NIGHT SLEEPING SHELTER. I’D REALLY APPRECIATE IF WE COULD PUT A LITTLE BIT MORE EMPHASIS ON THIS ESPECIALLY SINCE IT'S EARTH DAY AND THE CITY IS SO FOCUSED ON QUALIFYING AS THE BLUE ZONES. THANK YOU. OUR NEXT CALLER IS MARK GELMAN. [00:30:04] GOOD MORNING. CAN YOU HEAR ME? GO AHEAD, SIR. MARK GELMAN. I LIVE IN MID-BEACH. I WANT TO ECHO MUCH OF WHAT MATT JUST PRESENTED REGARDING STREET SAFETY. AND I WANT TO QUESTION, I LIVE ON MID-BEACH AND WE CROSS 41ST STREET REGULARLY, AS DO MANY OF THE RESIDENTS. I WANT TO ASK THE QUESTION TO THE COMMISSION AND TO THE POLICE CHIEF, WHAT IS BEING DONE? RIGHT NOW, IMMEDIATELY TO KEEP OUR STREETS SAFE. I HEARD THE MAYOR'S PRESENTATION OF WHAT YOU'RE LOOKING INTO FOR THE FUTURE, BUT WHY ARE THERE NOT POLICE ALL DAY LONG, NOT JUST DURING THE THREE TO FIVE HOURS, THE THREE TO SEVEN HOURS LATER IN THE DAY, BUT ALL DAY LONG AT THOSE INTERSECTIONS THAT ARE SO BUSY? THERE NEEDS TO BE TRAFFIC POLICE THERE ALL DAY LONG, MAKING SURE IT IS SAFE FOR PEDESTRIANS TO CROSS THE STREET. THIS IS NOT THE FIRST TIME SOMEONE HAS BEEN HIT AND INJURED, THIS TIME WITH A FIDELITY. WHAT IS THE POLICE DEPARTMENT DOING TODAY, NOW? THANK YOU. THANK YOU SO MUCH. OUR NEXT CALLER IS JUDITH SMIGEL. GOOD MORNING. THANK YOU. I’M ALSO CONCERNED CONSTANTLY ABOUT BEING IN DANGER WHEN I CROSS IN THE STREET. I LIKE THE IDEA OF TRAFFIC CAMERAS TO CATCH RED LIGHT FIRE ORDERS. I LIKE THE IDEA OF INSTALLING THEM AND HAVING SIGNS TELLING PEOPLE IT'S A MAJOR DETERRENT. I UNDERSTAND THERE'S SOME BLOCKAGE AT THE COUNTY LEVEL, BUT I URGE THE MAYOR TO BRING THAT UP. THANK YOU. THANK YOU SO MUCH. ANYONE ELSE IN THE AUDIENCE? SEEING NONE, THE SENATE IS CONCLUDED, MAYOR. [CONSENT AGENDA] THANK YOU. ANY OTHER ANNOUNCEMENTS BEFORE WE START WITH THE AGENDA? YES, SIR. THE FOLLOWING ITEMS HAVE BEEN SEPARATED FROM THE CONSENT AGENDA. YOU HAVE A LIST THAT INCLUDES THESE. I’LL BE ADDING ONE MORE IN A MINUTE. BUT COMMISSIONER BOTT IS SEPARATING FROM THE CONSENT AGENDA C7P, C7S, C7X. COMMISSIONER DOMINGUEZ IS SEPARATING C4O TO RECUSE HERSELF AND C7P. COMMISSIONER FERNANDEZ IS SEPARATING C2E. COMMISSIONER MATEO SALINAS IS SEPARATING C7P. AND PLEASE NOTE SHE HAS ADDED TO SEPARATE C7U. THAT IS NOT ON YOUR LIST, SO IF YOU COULD PLEASE MANUALLY ADD C7U AS A SEPARATED ITEM. COMMISSIONER SUAREZ IS SEPARATING C7P AND C7AF. IF I COULD HAVE A MOTION TO ACCEPT THE CONSENT AGENDA EXCLUDING THE SEPARATED ITEMS. COMMISSIONER, VICE MAYOR DOMINGUEZ. RALPH, AS YOU MENTIONED, C4O, I SERVE ON THE BOARD OF THE WORLD AFFAIRS COUNCIL. I BELIEVE IT'S C7P. OH, YES. OKAY. THAT ITEM THAT YOU MENTIONED, C7P. OH, I’M SORRY. SO SORRY, C4O. SO SORRY, IT'S MY FAULT. SO YOU ARE ASKING THAT TUIK... BASICALLY RECUSE YOURSELF FROM THAT ITEM. RIGHT, THAT'S THE ONLY REASON WHY I PULLED IT. WHEN THE ITEM GETS CALLED, I WILL LEAVE THE CHAMBERS. OKAY, THANK YOU SO MUCH. I HEARD THAT I HAVE A MOTION BY COMMISSIONER FERNANDEZ, SECONDED BY? ME. MAYOR MINER. ALL IN FAVOR OF THE CONSENT AGENDA EXCLUDING THE CONSENT, THE PULLED ITEMS, PLEASE SAY AYE. AYE. ANYONE OPPOSED? HEARING NONE, THE CONSENT AGENDA EXCLUDING THOSE ITEMS IS APPROVED. ANY OTHER ANNOUNCEMENTS? [R9 L DISCUSS VIABILITY OF INSTALLING SECURITY BOLLARDS IN DESIGNATED AREAS OF THE CITY, INCLUDING BUT NOT LIMITED TO THE NORTH END OF OCEAN DRIVE, THE BEACHWALK ALONG MID-BEACH, AND LINCOLN ROAD.] ALL RIGHT. R9L. R9L IS DISCUSSED AT SOCIAL SECURITY BALLARDS, NORTH END OF OCEAN DRIVE, MID BEACH BEACHWALK. COMMISSIONER MAGAZINE, CO-SPONSOR BY COMMISSIONER BOTT AND SUAREZ. THANK YOU, MR. MAYOR. THIS KIND OF FOLLOWS A THEME THAT I’VE REALLY BEEN ADDRESSING, IS REALLY TAKING PRIDE IN THE APPEARANCE AND AESTHETICS OF OUR CITY, ESPECIALLY SOMEWHERE LIKE OCEAN DRIVE, WHICH WE ALL UPHOLD AS THE POSTCARD TO OUR CITY. WE ALL TAKE SUCH PRIDE IN THE ARCHITECTURE THAT IS THERE, IN LOOMIS PARK. I WAS THERE THIS WEEKEND, AS I AM MOST WEEKENDS, AND WHEN IT IS GOOD, IT IS JUST... UNPARALLELED, THE BEST IN THE WORLD. BUT WE ALSO NEED TO TREAT OUR PUBLIC RIGHTS IN A WAY FOR WHICH WE HOLD RESPONSIBILITY IN THE SAME HIGH REGARD THAT WE HOLD PROPERTY OWNERS IN THAT AREA BECAUSE IT IS ALL ONE ECOSYSTEM. SO WITH SECURITY ALSO IN MIND, AT THE NORTH END OF OCEAN DRIVE FOR SEVERAL YEARS WE HAVE JUST HAD THIS INTERMITTENT SITUATION THAT DOES NOT UPHOLD THOSE STANDARDS OF BEAUTY AND AESTHETICS AND [00:35:03] REALLY MAKING THAT ONE OF THE MOST PRISTINE AREAS, NOT ONLY IN OUR CITY, BUT IN THE ENTIRE COUNTRY, IN THE ENTIRE WORLD. I THINK WHEN WE DO THINGS, WE SHOULD ALWAYS STRIVE FOR EXCELLENCE AND WORLD CLASS. SO WITH THAT, I’D LIKE TO MOVE FORWARD FROM THIS SITUATION THAT JUST LOOKS LIKE WE'RE STUCK IN PURGATORY WITH THIS UGLY, HALF-BROKEN GATE THAT GOES UP AND DOWN BY SOMEBODY THAT'S THERE AND INSTALL SOMETHING THAT YOU WOULD SEE. IN PLACES THAT ARE WORLD-CLASS, IN FRONT OF THE NEW YORK STOCK EXCHANGE, IN DOWNTOWN MANHATTAN. IT'S NOT INTRICATE, BUT IT JUST ADDS AESTHETIC BEAUTY TO THAT AREA. SO I’LL HAND IT OVER TO DAVID GOMEZ, HEAD OF CIP, TO KIND OF WALK US THROUGH THOSE STEPS. GOOD MORNING, MR. MAYOR, COMMISSIONERS, DAVID GOMEZ, DIRECTOR OF CAPITAL IMPROVEMENTS. THANK YOU, COMMISSIONER MAGAZINE, FOR DOING A PRETTY GOOD JOB OF SUMMING UP WHERE WE ARE. THE AS YOU ALL INTIMATELY AWARE THERE IS A CONCERN WITH SECURITY ON THE BEACHWALK AND RESTRICTING PARTICULARLY VEHICULAR ACCESS TO THE BEACHWALK AND ENSURING THE SAFETY OF THE USERS OF THE BEACHWALK WE HAVE COMPLETED A COMPREHENSIVE STUDY OF NOT JUST THE AREAS AT LOOMIS PARK BUT CITYWIDE WE HAVE MET WITH COMMUNITY REPRESENTATIVES AS WELL AS COMMISSIONER MAGAZINE AND HIS OFFICE WE HAVE HEARD FEEDBACK FROM THE COMMUNITY REGARDING THE AESTHETICS AND THE FUNCTIONALITY OF THE WHATEVER SYSTEM WE PUT IN PLACE. THERE IS A LAYER OF PENETRATION THAT IS NECESSARY FOR CITY VEHICLES AND CITY MAINTENANCE VEHICLES AND EVEN ON SOME OCCASIONS PRIVATE MAINTENANCE VEHICLES. SO WE HAVE IDENTIFIED IN THE SHORT TERM SOME QUICK FIXES THAT WE CAN PUT IN PLACE WHILE WE DEVELOP A BROADER FIX AND WE'VE IDENTIFIED POTENTIAL SOLUTIONS. WE ARE NOW READY TO BEGIN SHARING AS I’VE JUST GIVEN A REPORT TO THE CITY MANAGER'S OFFICE WHICH I’M SURE THEY HAVE NOT HAD TIME TO REVIEW YET AND WE'RE HAPPY TO BRING BACK SOME RECOMMENDATIONS ON A QUICK FIX. THANK YOU DAVID. DO YOU HAVE DEPICTIONS OF WHAT THOSE SOLUTIONS ARE? WE DO. THERE'S ACTUALLY A COUPLE OF DIFFERENT ONES THAT ARE... I MEAN TODAY. I DON'T I DIDN'T BRING THEM WITH ME BUT I CAN GET THEM TO YOU TODAY. SOME OF THE THINGS THAT WE'RE LOOKING AT IS, FOR EXAMPLE, AT THE END OF 5TH STREET AT LOOMIS PARK, THERE'S SOME CONCRETE BARRIERS. AND I THINK THAT'S THE AESTHETIC WE'RE USING FOR THE TEMPORARY SOLUTION, SOMETHING LIKE THAT OR SIMILAR, SO THAT WE CAN START CONTROLLING ACCESS AND YET BE SOMEWHAT COGNIZANT. AND ESPECIALLY IN OUR MID-BEACH AREA, RIGHT, THAT IS A CONCERN. WE'VE SEEN CARS ERRONEOUSLY. THANKFULLY, IT'S NOT BEEN ANYTHING NEFARIOUS THAT HAVE ACTUALLY TRAVERSED ON THE BEACHWALK THERE. SO WE NEED TO MOVE FORWARD. WE NEED TO MOVE FORWARD SWIFTLY. BUT WE ALSO NEED TO MOVE FORWARD IN THE MANNER THAT I SAID EARLIER, WHERE TAKING PRIDE IN THIS IS TRULY A WORLD-CLASS AREA, WHETHER IT BE OCEAN DRIVE, THE BEACHWALK, AND MID-BEACH. SO WE NEED TO DO THINGS WITH THE HIGHEST REGARD FOR AESTHETICS WHILE ALSO SERVING A GREAT FUNCTIONALITY. SO LOOK FORWARD TO THAT DESIGN. LET'S MOVE FORWARD WITH THIS QUICK BECAUSE, LIKE I SAID, THIS IS SOMETHING THAT IS MUCH BETTER TO BE PROACTIVE ON THAN, GOD WILLING, NOT REACTIVE. GOOD MORNING AGAIN, MITCH NOVICK. I LIVE IN THE ENTERTAINMENT DISTRICT. COMMISSIONER MAGAZINE, YOU REFERENCED THE RAILROAD-TYPE GATE. THAT WAS ORDERED REMOVED BY THE COUNTY. THAT WAS THE ONE IN FRONT OF THE BETSY HOTEL. REMEMBER, WE PAID UP TO NEARLY A MILLION DOLLARS A YEAR ON PRIVATE... TRAFFIC MANAGEMENT, WHICH RESULTED IN CHAOS. SOME POOR GUY GOT BOTH LEGS AMPUTATED BEING RUN OVER BY A TRACTOR TRAILER TRUCK ALONG OCEAN COURT. YOU CAN'T CLOSE THE STREET. I TRAVERSED THAT STREET AND IT GREATLY DISRUPTS MY BUSINESS WHENEVER IT'S CLOSED. AS FOR THE SOUTHERN END, THERE'S BEEN TRAFFIC CONES THERE. SURE, THAT COULD BE BEAUTIFIED. BUT REMEMBER, PUBLIC SAFETY IS PARAMOUNT. WHO COULD FORGET THE POOR GUY WHO WAS SHOT DEAD DURING THE PANDEMIC WHEN A FIRE RESCUE COULDN'T GET TO HIM. HE HAD TO BE TAKEN BY A GOLF CART TO 15TH STREET. [00:40:01] SO FIRST RESPONDERS COULD DO THEIR BEST TO ASSIST HIM. THANK YOU. MADAM VICE MAYOR. JUST IN RESPONSE TO YOUR COMMENTS, MITCH, I WANT TO POINT OUT TO ANYBODY WHO IS LISTENING AND ENGAGE WITH YOU ON THIS. THIS IS NOT INTENDED TO IMPEDE THE PUBLIC SAFETY ACCESS FOR OUR LIFE SAFETY PEOPLE. FIRE STATION, FIRE, IT WOULD BE HARD TO MOVE A FIRE STATION. WE'VE TRIED. FIRE ENGINES AND POLICE VEHICLES AND EMERGENCY VEHICLES ARE. ARE GOING TO BE ABLE TO GET THROUGH DEPENDING ON WHAT THE SYSTEM IS THAT WE USE. THERE ARE VARIOUS TYPES OF SYSTEMS THAT WILL INDICATE TO DRIVERS THAT THEY ARE NOT SUPPOSED TO BE THERE. IN NORTH BEACH, I’VE SEEN FULL-ON MOTORCYCLES, THIS WAS EVEN BEFORE MICROMOBILITY, GETTING ON AT OCEAN TERRACE AND SPEEDING AT 50 MILES AN HOUR DOWN THE BEACH WALK. WE'VE SEEN PEOPLE IN LEMUS PARK NOT KNOWING THAT THEY'RE IN THE WRONG PLACE DRIVING ON THE GRASS. SO THIS IS INTENDED TO DO THAT. AND PREVENT PEOPLE FROM GETTING ONTO THOSE AREAS. AND I WOULD REMIND EVERYBODY, YOU KNOW, THERE ARE LITERALLY MEDIEVAL CITIES IN EUROPE WITH INCREDIBLY NARROW COBBLESTONE STREETS THAT HAVE BOLLARDS THAT CAN BE RECESSED AND AUTOMATICALLY OPERATED BY THE VEHICLE TRYING TO GET IN, EVEN RESIDENTS WHO ARE LIVING ON THOSE STREETS TO KEEP UNWANTED TRAFFIC OFF. SO. IT IS A NECESSARY THING. IT'S BEEN KICKING AROUND FOR A VERY LONG TIME. I’M, YOU KNOW, A LITTLE FRUSTRATED THAT IT'S BEEN SO LONG, BUT IT'S COMING FORWARD AND IT IS NECESSARY FOR THE CITY. AND THERE ARE WAYS TO DO IT IN A MANNER THAT WILL NOT IMPEDE THE DESIRED FLOW OF TRAFFIC. SO I JUST WANTED TO CLARIFY THAT. DAVID, ARE WE GETTING FUNDING FROM THE STATE FOR THESE BOLLARDS? THERE IS NO FUNDING FOR THE STATE AT THIS TIME. THE CURRENT BUDGET WE HAVE IS A PARTIAL FUNDING. THERE'S ANOTHER REQUEST THAT'S HAPPENING AS PART OF THE BUDGET CYCLE. COMMISSIONER MAGAZINE? I THINK WE'RE WAITING ON CIP. THEY SENT A REPORT TO THE CITY MANAGER, BUT WE TALKED ABOUT MOVING FORWARD, SO I THINK WE CAN... TABLE THIS DISCUSSION. RIGHT? I DON'T THINK THERE'S A MOTION. ALL RIGHT. WHEN YOU SAY TABLE, DO YOU WANT ME TO PUT IT BACK NEXT MONTH? I THINK WE'LL TRUST THE ADMINISTRATION TO MOVE FORWARD, AND IF NOT, I’LL PUT IT BACK ON. OKAY. [R9 T DISCUSS/TAKE ACTION: UPDATE FROM POLICE AND TRANSPORTATION DEPARTMENTS ON TRAFFIC CONGESTION IN NORTH BEACH AND TRAFFIC LIGHT SYNCHRONIZATION EFFORTS.] R9T. R9T IS DISCUSSED, TAKE ACTION, UPDATE FROM POLICE AND TRANSPORTATION AND TRAFFIC CONGESTION IN NORTH BEACH. R9T. COMMISSIONER BOTT. OKAY, SO THIS IS LIKE A SLOW ROLLING, ONGOING CONVERSATION. IT ACTUALLY IS A CONVERSATION THAT INCORPORATES THINGS THAT ARE BEING HANDLED BY TRANSPORTATION. THINGS THAT ARE BEING HANDLED BY PUBLIC WORKS AND THINGS THAT ARE HANDLED BY POLICE. SO MAYBE IF WE COULD HAVE EVERYBODY UP TO THE PODIUM AND WE CAN TALK ABOUT SOME OF THE ISSUES THAT WE ARE FACING AND THE STEPS THAT WE ARE TAKING SO THAT EVERYBODY CAN BE AWARE. THIS IS SOMETHING I’VE BEEN WORKING ON SINCE I WAS ELECTED. IN PARTICULAR, THE TRIANGLE, I CALL IT THE BERMUDA TRIANGLE. WHEN YOU'RE DRIVING NORTH ON INDIAN CREEK WHERE IT TURNS INTO THE TRIANGLE WITH, I THINK IT'S ABBOTT, I’M TERRIBLE AT STREET NAMES, I’VE ONLY LIVED HERE 23 YEARS, WHY WOULD I POSSIBLY KNOW THE STREET NAMES? I THINK IT'S ABBOTT, RIGHT? WHEN IT GOES OFF OF INDIAN CREEK AND THEN INTERSECTS WITH 71ST AND DICKENS, THAT BERMUDA TRIANGLE IS... A DISASTER AT THE BEST OF TIMES AND ABSOLUTELY IMPASSABLE AND UNSAFE AT THE WORST. IT BACKS UP STARTING AT 3.30 IN THE AFTERNOON. IT BACKS UP HEADING SOUTH FROM ABOUT 7.50 IN THE MORNING. THERE IS A SIDE STREET THAT CUTS IN THAT PEOPLE USE AS A BACK CONDUIT, WHICH IS LEGAL AND PERMISSIBLE, BUT THEY DON'T SEEM TO THINK THAT THE RULES OF TRAFFIC APPLY TO THEM, SO THEY DON'T STOP AT THE STOP SIGN. PEOPLE TURN INTO STREETS GOING THE OPPOSITE WAY OF THE RIGHT-OF-WAY FOR TRAFFIC. SOMEHOW IN THAT TRIANGLE, PEOPLE ARE SO DESPERATE TO GET THROUGH THAT INTERSECTION THAT THEY DO THE MOST INSANE ILLEGAL DRIVING MANEUVERS, AND I SEE IT EVERY SINGLE DAY. [00:45:02] SO I WOULD LIKE TO CALL ON ALL THREE OF YOU TO TALK ABOUT THE STEPS THAT WE'VE BEEN IMPLEMENTING AND ARE IN THE PROCESS OF IMPLEMENTING, EVEN THOUGH... THERE'S STUFF THAT'S STILL IN VERY EARLY DEVELOPMENTAL STAGE AND THERE'S ALSO STUFF THAT WE'VE BEEN WORKING WITH AND HAS IMPROVED THINGS, BUT THIS IS NOT WHERE WE'RE FINISHING. THIS IS JUST AN UPDATE. SO YOU GUYS DECIDE WHO GETS TO GO FIRST. ALL RIGHT. EVERYONE'S LOOKING AT ME. OKAY, JOSE. NO PRESSURE, MAN. GOOD MORNING, MR. MAYOR, COMMISSIONERS, JOSE GONZALEZ, TRANSPORTATION AND MOBILITY DIRECTOR. COMMISSIONER, WE ARE ALL PAINFULLY AWARE OF THAT TRIANGLE, THAT AREA, NOT JUST THAT INTERSECTION, BUT THE WHOLE AREA THERE IN NORTH BEACH. THE CONGESTION THAT WE SEE HAPPENING THERE IN THE MORNINGS, SOUTHBOUND, IN THE AFTERNOONS, NORTHBOUND, A LARGE PART OF IT IS A PRODUCT OF A COUPLE THINGS. FIRST OF ALL, THE LAY OF THE LAND, THE ROADS THAT WE HAVE, NOT TOO MANY. IN THAT AREA, IT'S A THIN PART OF MIAMI BEACH, SO NOT TOO MANY CHOICES. AND SECONDLY, DEMAND EXCEEDING THE CAPACITY OF THE ROADS. THOSE ROADS HAVE LOOKED EXACTLY HOW THEY LOOK TODAY. THEY'VE LOOKED LIKE THAT WAY FOR DECADES AND DECADES AND DECADES. HOWEVER, THE LAND USE AROUND IT HAS CHANGED QUITE SIGNIFICANTLY OVER THE DECADES. SO LET ME STOP YOU THERE FOR A SECOND. TOM, I THINK YOU'RE HERE, RIGHT? YOU'RE BACK? SORRY, DRAGGING YOU UP HERE TOO. SO THIS IS A CONVERSATION YOU AND I HAVE HAD MULTIPLE TIMES OVER THE YEARS, EVEN FROM BEFORE I WAS ON THE PLANNING BOARD. WE REQUIRE NEW DEVELOPMENTS TO DO TRAFFIC STUDIES. AND, JOSE, THIS FALLS WITHIN YOUR BAILIWICK AS WELL. WE REQUIRE INDIVIDUAL DEVELOPMENT PROJECTS, EVEN IF THEY'RE BEING DEVELOPED WITHIN ZONING AS OPPOSED TO THROUGH A DA, TO DO A TRAFFIC STUDY. YOU I HAVE NEVER HEARD A PROJECT COME BACK SAYING, NO, NO, NO, WE HAVE TO THINK DIFFERENTLY ABOUT THE SIZE AND SCALE OF OUR PROJECT BECAUSE IT'S GOING TO IMPACT THE TRAFFIC FLOW NEGATIVELY IN THIS AREA. NOT ONCE. AND MY THING HAS BEEN, AND WE'VE TALKED ABOUT IT AD NAUSEUM, HOW DO WE DO THIS BETTER? BECAUSE THE TRAFFIC STUDY REQUIREMENTS THAT WE HAVE IN OUR CODE APPLY TO A SMALL RADIUS, BUT NOBODY IS LOOKING HOLISTICALLY. WE HAVE 13... NOW WE HAVE 18 BUILDINGS COMING UP IN THE NORTH BEACH TOWN CENTER. NOBODY HAS DONE A HOLISTIC TRAFFIC STUDY BECAUSE IT'S NOT REQUIRED. EVERY INDEPENDENT DEVELOPER HAS DONE WHAT IS REQUIRED, AND YET I THINK THE TECHNICAL TERM IS THAT SCREWS OVER THE RESIDENTS BECAUSE WE HAVE NOW 18 PROJECTS THAT WHEN YOU AGGREGATE THEM TOGETHER. DESTROYS THE LIMITED SPACE THAT WE HAVE. SO CAN YOU ADDRESS HOW WE CAN CHANGE THAT AND IMPROVE THAT GOING FORWARD SO THAT WE CAN, I MEAN, WE CAN'T ADD ROADS. AND WE'LL TALK IN A MINUTE ABOUT SOME OF THE THINGS THAT JOHN AND JOSE ARE WORKING ON TOGETHER TO CHANGE THE FLOW. BUT CAN YOU PLEASE ADDRESS THAT? IF IT'S A LAND USE, YOU KNOW, SOME KIND OF CODE AMENDMENT THAT WE DO, IF IT'S MANDATED BY THE STATE, HOW WE CAN CHANGE IT, BECAUSE WE CAN'T KEEP GOING ON. IT'S HAPPENING ALL OVER THE CITY, AND IT'S GOING TO GET WORSE. THE AREA OF NORTH BEACH, LIKE THE REST OF THE CITY, FALLS WITHIN A LARGER CONCURRENCY EXEMPTION AREA. AND SO UNDER STATE LAW, THE CITY CANNOT DENY A DEVELOPMENT PROJECT, EVEN IF IT'S A FAILING ROADWAY. AND UNFORTUNATELY, NOT JUST IN NORTH BEACH, BUT OTHER AREAS OF THE CITY, WE HAVE A LOT OF FAILING ROADWAYS AND A LOT OF FAILING INTERSECTIONS. SO HOW DO WE CHANGE THAT? THAT WOULD BE A STATE LAW. IS THAT A LEGISLATIVE PRIORITY THAT THE CITY SHOULD ADOPT FOR NEXT YEAR? I MEAN, THIS IS A PUBLIC SAFETY ISSUE. IF PEOPLE CAN'T GET OFF THE ISLAND DURING A HURRICANE SCARE, THAT'S A HUGE PROBLEM. WOULD YOU YIELD? YEAH. OKAY. TOM, COULD YOU EXPLAIN THAT AGAIN? OKAY, BECAUSE I THIS IS LIKE MY JAW JUST DROPPED. I’VE NEVER HEARD OF THIS BEFORE AND IT'S QUITE FRANKLY ALARMING. SO TELL ME SPECIFICALLY AGAIN, WHAT IS IT THAT WE'RE NOT ALLOWED TO DO? SO UNDER STATE LAW, WE CANNOT DENY A DEVELOPMENT PROJECT THAT OTHERWISE MEETS ALL APPLICABLE REQUIREMENTS OF OUR LDRS, OUR COMP PLAN, EVEN IF IT'S... MAY BE PREEMPTED IN TERMS OF FAR OR HITE THROUGH THE LOCAL ACT BASED UPON FAILING ROADWAYS OR FAILING INTERSECTIONS. WE CAN REQUIRE TRAFFIC STUDIES, WHICH I DO BELIEVE TAKE INTO ACCOUNT FUTURE DEVELOPMENT PROJECTS IN EXPANDED AREAS, BUT THOSE TRAFFIC STUDIES AND [00:50:02] CIRCULATION STUDIES BASICALLY HELP INFORM THE BEST WAYS TO GET VEHICLES IN AND OUT OF THAT PARTICULAR PROJECT. BUT THEY DON'T ADDRESS THE LARGER ISSUE OF FAILING ROADWAYS AND FAILING INTERSECTIONS. SHORT OF A CHANGE IN STATE LAW, THAT'S SOMETHING THAT WE JUST HAVE TO MANAGE AND DEAL WITH AS BEST WE CAN. AND SO HERE, IF I MAY, THROUGH THE VICE MAYOR, HEREIN LIES THE ISSUE, BECAUSE COMMISSIONER FERNANDEZ IS ARGUABLY THE MOST WELL-INFORMED ABOUT LAND USE LAWS FROM THE STATE AND THE CITY AND THE COUNTY. WITH HIS EXPERIENCE AND THE FACT THAT I WOULD PUSH BACK ON THIS I’LL PUSH BACK ON THAT I DON'T WANT TO BE THE MOST EXPERIENCED ABOUT THAT I’LL LEAVE THAT TO OUR CITY ATTORNEY THE FACT THAT HE DIDN'T KNOW THIS AND YOU AND I HAVE BEEN TALKING ABOUT THIS FOR YEARS IT IS SUCH A FUNDAMENTAL LIFE SAFETY ISSUE AND I’VE SAID FROM DAY ONE OUR BIGGEST JOB HERE OUR ONLY JOB HERE PROTECTING OUR RESIDENTS. EVERYTHING ELSE IS SECONDARY. WE CAN ARGUE ABOUT ALL THE DETAILS, BUT OUR JOB IS TO PROTECT OUR RESIDENTS AND OUR VISITORS. AND IF ONE OF THE BIGGEST THREATS IS THAT THEY CAN'T GET TO THE HOSPITAL BECAUSE OF RUSH HOUR TRAFFIC. I MEAN WE WERE AT A NEIGHBORHOOD MEETING YESTERDAY WHERE PEOPLE WERE SAYING IT TOOK 40 MINUTES TO GO TWO MILES. IT'S NOT DURING OUR BASEL WHICH IS THE WAY IT USED TO BE WHEN I MOVED HERE. WHERE EVERYONE KNEW, YOU JUST PLAN DIFFERENTLY. IT'S A RANDOM TUESDAY IN APRIL. IT'S NOT OKAY. SO WE NEED TO FIGURE THIS OUT. AND I’M NOT YET, I MEAN, I KNOW IT SOUNDS LIKE I’M YELLING, BUT I’M NOT ACTUALLY YELLING AT YOU. I’M JUST SORT OF, YOU KNOW, FEELING SALTY. THIS IS NOT AN, WE CAN'T LET THIS CONTINUE TO BE THE STATUS QUO, BECAUSE PEOPLE WILL DIE. MATTHEW BROUGHT UP SOME REALLY PAINFUL ISSUES ABOUT PEOPLE DYING ON OUR ROADS. IT'S ONLY GOING TO GET WORSE. WE ARE COMPOUNDING ALL OF THESE ISSUES ALL OF THE TIME WITH LOTS OF DIFFERENT ANGLES. AND WE CAN'T JUST SAY, WELL, WE CAN'T DO IT BECAUSE OF THE STATE. SO COLLECTIVELY, ALL OF THE STAFF AND LAWYERS AND EVERYBODY, WE NEED TO FIGURE OUT HOW WE'RE GOING TO RESOLVE THIS BECAUSE STATUS QUO IS NOT SUFFICIENT. THAT'S GOING TO BE A LONGER, HEAVY LIFT, AND I HOPE WE CAN ENGAGE CONSTRUCTIVELY ON THIS GOING FORWARD. IN THE MEANTIME, IF WE CAN AND THANK YOU FOR THAT, TOM. I APPRECIATE THAT. BUT IF WE CAN GO BACK TO THE TACTICAL THINGS THAT WE'RE DOING TO NIBBLE AROUND THE EDGES TO IMPROVE THINGS WHERE WE CAN. AND WILL, I THINK HE'S PROBABLY HERE IN HIS FAVORITE CORNER, IS ALSO WORKING ON ISSUES WHICH IMPACT THESE TRAFFIC SITUATIONS AS WELL. SO IF YOU'LL COME UP AND TALK ABOUT THAT. SO, OKAY. COMMISSIONER BOND, DO YOU MIND IF I INTERJECT WITH A QUICK QUESTION ON SORT OF THE TOPIC YOU JUST RAISED? I JUST WANT TO MAKE CLEAR, WE TALKED ABOUT SIDEWALKS AND INTERSECTIONS, BUT JOHN NORRIS, THE PUBLIC WORKS DIRECTOR. BUT STILL ON INFRASTRUCTURE, WE CAN REJECT PROJECTS IF WE DON'T BELIEVE WE COULD POSSIBLY MEET THE DEMAND. IS THAT ACCURATE? I’M GOING TO START WITH TOM. YES, MR. MAYOR, UNDER THE STATE COMPREHENSIVE PLANNING LAWS, WE ARE NOT PROHIBITED FROM REQUIRING THAT BEFORE A BUILDING PERMIT IS ISSUED, ANY DEVELOPMENT PROJECT, WHETHER IT'S LIVE LOCAL OR AS OF RIGHT, MUST MEET THE MINIMUM LEVEL OF SERVICE STANDARDS FOR WATER AND SEWER. AND SO THAT WE CAN ABSOLUTELY STILL DO. GREAT. THANKS. MR. MILLER. WELL, I DON'T WANT TO TAKE THE FLOOR. WE HAVE COMMISSIONER MONACO. BUT I KNOW COMMISSIONER MONACO HAS THE FLOOR. WHY DON'T WE LET EVERYBODY FINISH TALKING, AND THEN WE CAN OPEN IT UP FOR DISCUSSION IF THAT'S OKAY. OKAY. JOSE, YOU WANT TO KEEP TALKING ABOUT IT? SURE. SO I WOULD LIKE TO FOCUS ON ONE ASPECT OF ALL THIS CONGESTION, WHICH IS THE SIGNAL TIMING. IN NORTH BEACH. SO IT'S WE'VE WE'VE, YOU KNOW, NOTICED UPON REVIEWING TRAFFIC SIGNAL TIMING PLANS IN THAT PART OF THE CITY THAT THE SIGNALS ARE ABSOLUTELY NOT COORDINATED. WHAT HAS HAPPENED, I THINK, OVER THE YEARS, BECAUSE THERE HAVE BEEN COORDINATION EFFORTS ON BEHALF OF THE DOT AND THE COUNTY, BUT THEY'VE BEEN ISOLATED EFFORTS, SEPARATE. THE TWO AGENCIES MAY NOT NECESSARILY COORDINATE THESE EFFORTS, AND THEY HAVE FOCUSED ON NORTH-SOUTH. AND SO ONE OF THE THINGS WE'VE NOTICED IS BECAUSE OF THAT FOCUS ON COORDINATING THE NORTH-SOUTH AVENUES, THE EAST-WEST CORRIDORS HAVE SUFFERED. ON 69TH STREET, FOR EXAMPLE, IF YOU'RE TRYING TO TRAVEL EAST-WEST ON 69TH STREET, YOU MAY STOP AT EVERY INTERSECTION. THE NORTH-SOUTH CORRIDORS, YOU KNOW, THE SIGNALS MAY BE BETTER TIMED THAN THE EAST-WEST. SO IT'S AN UNINTENDED CONSEQUENCE OF EFFORTS THAT [00:55:01] HAVE NOT NECESSARILY BEEN COORDINATED BY OTHER AGENCIES IN THE PAST. SO THAT'S SOMETHING THAT WE ARE STARTING TO GET OUR ARMS AROUND. ADDRESS AND WE'RE DOING THAT THROUGH A CITY-LED OPTIMIZATION PILOT THAT THE GOAL OF WHICH IS TO OPTIMIZE THE NOT JUST THE THAT IRON TRIANGLE BUT THOUGH AS MUCH AS POSSIBLE OF NORTH BEACH THE PRIMARY CORRIDORS INCLUDING 71ST STREET FROM BAY ROAD TO COLLINS AVENUE DICKENS FROM 77 TO INDIAN CREEK ABBOTT AVENUE FROM 71ST TO INDIAN CREEK. INDIAN CREEK ITSELF FROM 71ST TO 63RD COLLINS FROM 71ST TO 63RD AND 69TH STREET FROM HARDING TO COLLINS AVENUE SO THAT PRETTY MUCH COVERS ALL THE KEY ROADS IN THAT AREA OF NORTH BEACH THAT IS DEFINITELY HAVING SOME SOME ISSUES AND TECHNOLOGY THAT CLARIFY THAT THAT'S A PILOT PROGRAM SO IN THEORY IF IT GOES THE WAY INTENDED, THEN THAT LEARNING AND TECHNOLOGY CAN BE EXTENDED TO THE 41ST STREET CORRIDOR, WHICH IS A DISASTER, TO 5TH STREET, TO 17TH STREET. IS THAT CORRECT? THAT IS CORRECT, COMMISSIONER, BECAUSE THE BEAUTY OF THIS IS THAT WE WILL OWN THIS AI-POWERED EQUIPMENT AND TECHNOLOGY. WE WILL OWN THAT. SO WE WILL BE ABLE TO, YOU KNOW, ONCE THE SIGNALS THAT I JUST MENTIONED IN NORTH BEACH ARE OPTIMIZED AS MUCH AS PRACTICABLE. THEN WE'LL BE ABLE TO TAKE THAT EQUIPMENT, INSTALL IT SOMEWHERE ELSE, AND PERFORM A SIMILAR EXERCISE. SO I THINK IT'S VERY GOOD. I THINK IT'S BEEN A LONG TIME COMING. TECHNOLOGY HAS HELPED A LOT. NOW THERE'S AI-POWERED TECHNOLOGY THAT IS EXTREMELY INTELLIGENT AND CAN JUST GENERATE OPTIMIZED SIGNAL TIMING PLANS MUCH QUICKER THAN IN THE PAST. AS YOU ALL KNOW, WE DO NOT CONTROL SIGNAL TIMING. MIAMI-DADE COUNTY DOES. SO THE OUTCOME OF THIS PILOT, WHICH WILL BE OPTIMIZED SIGNAL TIMING PLANS BASED ON REAL-TIME DATA, THAT WILL BE SHARED WITH MIAMI-DADE COUNTY FOR REVIEW AND HOPEFULLY APPROVAL AND IMPLEMENTATION, BUT IT'S UP TO THEM. AND SO ON THAT POINT, I THINK COMMISSIONER SUAREZ, YOU SPONSORED SOMETHING LAST MONTH, I THINK, TO TAKE OVER THE SIGNALIZATION FOR THE ENTIRE CITY OF MIAMI BEACH FROM THE COUNTY SO THAT WE CAN REACT. IN REAL TIME. I MEAN, RECENTLY THERE WAS A BREACH OF SECURITY IN THE COUNTY SYSTEM, AND SO NOBODY WAS ALLOWED, BECAUSE WE HAVE A SITUATION WHERE WE ARE ABLE TO ACCESS THE INFORMATION. WE CAN'T CHANGE IT WITHOUT THEIR APPROVAL, BUT WE CAN SEE WHAT THEY'RE SEEING AND RECOMMEND, AND BECAUSE THEY HAD A DATA BREACH OF SOME SORT OR A SECURITY BREACH, WE WERE SHUT OUT FROM THAT FOR A COUPLE OF DAYS AT A MINIMUM, RIGHT? IT'S LONGER THAN THAT. OKAY, SO RIGHT. I COULDN'T REMEMBER WHERE WE LEFT OFF BUT SO THIS IS THE KIND OF THING, AND I KNOW IT'S COMPLICATED, YOU KNOW, IT'S EXPENSIVE, WE'D HAVE TO FIGURE OUT HOW TO DO IT, IT'S ADDING PEOPLE, I KNOW WE'RE ALL AS A BODY TRYING TO BE VERY FISCALLY RESPONSIBLE, BUT THE NUMBER ONE CONCERN WE HEAR FROM RESIDENTS ALL THE TIME, REGARDLESS OF BOCHO AND BASEL, IS TRAFFIC STINKS, WHAT ARE YOU GOING TO DO ABOUT IT? SO THIS IS ONE OF THESE THINGS WHERE, THIS IS THE KIND OF STUFF THE GOVERNMENT IS SUPPOSED TO DO, IS FIGURE THE HARD STUFF OUT AND DO IT. FIGURE OUT THE RESOURCES, TEST THE PILOT PROGRAMS, TAKE CONTROL OVER THE INFRASTRUCTURE, AND PROTECT THE COMMUNITY. AND SO I’M VERY EXCITED ABOUT ALL OF THIS, AND I REALLY URGE ALL OF US HAVING THIS DISCUSSION TO REALLY FIND A WAY TO SUPPORT THESE INITIATIVES AND HELP YOU IN WHATEVER WAY, IF IT MEANS PHONE CALLS OR VISITS WITH ELECTED OFFICIALS OR DEPARTMENT OFFICIALS IN OTHER JURISDICTIONS. BUT I THINK WE NEED TO STOP NIBBLING AROUND THE EDGES. AND REALLY LOOK AT THIS AS WHAT IT IS, WHICH IS A SYSTEMIC, INTRACTABLE... PROBLEM. I MEAN, EVERY SINGLE PERSON ON THIS DAIS RAN WITH TRAFFIC BEING ONE OF OUR ISSUES. AND EVERY PERSON IN THE PRIOR COMMISSION AND THE PRIOR COMMISSION BEFORE THEN, I MEAN, I CAN'T TELL YOU WHEN TRAFFIC WAS NOT ONE OF THE TOP THREE ISSUES THAT AN ELECTED OFFICIAL WILL RUN ON. SO WHAT ARE WE DOING ABOUT IT? IT'S BEEN DECADES. WE NOW HAVE ENOUGH RESOURCES, ENOUGH REALLY TALENTED PEOPLE, AND I THINK ENOUGH WILL, AND HOPEFULLY ENOUGH COLLEAGUES AT THE COUNTY LEVEL AND AT THE STATE LEVEL WHO WILL WORK WITH US TO LET US MANAGE A SYSTEM THAT YOU KNOW, THEY'VE GOT THEIR OWN ISSUES TO WORRY ABOUT. IT'S VERY COMPLICATED SO LET US LET US USE THE TOOLS AVAILABLE TO US. THANK YOU COMMISSION THAT'S EXACTLY WHAT WE'RE DOING WITH THIS AI POWERED PILOT THROUGH A PROJECT AND THE LAST THING I’LL SAY IS IN TERMS OF INTERIM IMPROVEMENTS AND MORE LOCALIZED? IMPROVEMENTS THAT WE'RE TRYING TO DO WORKING WITH THE COUNTY [01:00:01] FOR EXAMPLE, WE NOTICED THAT INDIAN CREEK AND 71ST HAD FAULTY DETECTION DEVICES. SO WE COORDINATED WITH THE COUNTY, AND ALSO I WANT TO THANK COMMISSIONER STEINBERG, WHO HELPED IN EXPEDITING THAT ON THE MIAMI-DADE COUNTY SIDE, AND THAT WAS RESOLVED. BUT THAT WAS REALLY GIVING UNNECESSARY GREEN TIME TO CARS THAT WEREN'T THERE AND JUST REALLY CRIPPLING THAT INTERSECTION. AND THEN IN ADDITION TO THAT, AND I GUESS IT'S A GOOD SEGUE FOR OUR POLICE CHIEF, THERE ARE OFFICERS AT THE INTERSECTIONS DURING THE AFTERNOON RUSH HOURS TO TRY TO AT LEAST, AT A MINIMUM, DETER VEHICLES FROM BLOCKING THE INTERSECTION BECAUSE WHEN A ROAD IS OVER CAPACITY, PEOPLE START DOING REALLY CRAZY THINGS, INCLUDING BLOCKING INTERSECTIONS, AND NO ONE MOVES. IT'S GRIDLOCK. SO THAT HAS HELPED. AND FOR THE PILOT, ACTUALLY, THE POLICE RESOURCES... WE'RE SUSPENDED SO THAT WE CAN COLLECT REAL-TIME DATA THAT'S NOT, YOU KNOW, SKEWED BY ANY EXTERNAL FACTORS OR ANYTHING. SO WE'RE WORKING CLOSELY WITH POLICE ON THAT. CHIEF. THROUGH THE CHAIR, JUST A QUICK QUESTION. JOSE, SO CAN YOU JUST GO A LITTLE BIT MORE INTO DETAIL ABOUT THIS PILOT PROGRAM? SO WE HAVE DEVICES SET UP TO COLLECT DATA? YES. AND THEN, OKAY, WHEN WAS THIS? APPROVED. JUST CURIOUS, I’M NOT TRYING TO PUSH BACK, BUT JUST WHEN WAS THIS APPROVED? HOW MUCH DID IT COST AND IS THIS MOVABLE? CAN WE MOVE IT TO OTHER CITIES OR OTHER PARTS OF THE CITY? SO IT WAS APPROVED SOME TIME AGO. WE WENT THROUGH A LENGTHY PROCUREMENT PROCESS TO SELECT THE VENDOR. WE HAVE THE VENDOR, RHYTHM ENGINEERING. THEY STARTED THIS EFFORT ABOUT, I WANT TO SAY ABOUT A MONTH OR SO AGO, MAYBE A COUPLE MONTHS AGO. THE DEVICES WHICH ARE, YOU KNOW, HAVE AI TECHNOLOGY ARE MOBILE OR PORTABLE, IF YOU WILL, AND WE ARE ABLE TO, YOU KNOW, LEAVE THEM IN PLACE FOR A WHILE, COLLECT THE DATA. THIS VENDOR HAS THE SOFTWARE TO, THAT GENERATES OPTIMIZED SIGNAL TIMING PLANS, AND THAT'S REALLY THE OUTCOME OF THIS EFFORT. SO IT WOULD BE, IT WOULD BE GREAT TO HAVE, IF WE COULD GET APPROVAL FROM THE COUNTY. TO TAKE CONTROL OVER OUR ROADS. THIS IS ANOTHER FEATHER IN OUR CAP TO PROVIDE THEM AND SAY, HEY, LOOK, WE'RE INVESTING IN OUR CITY AND THE TECHNOLOGY, AND WE CAN USE THIS TO BETTER IMPLEMENT OUR SIGNAL TIMING. AND TO BUILD ON THAT POINT, IT MAKES THEIR JOB EASIER BECAUSE THEN THEY CAN FOCUS ON THE REST OF THE MAINLAND COUNTY WITHOUT ALL THE DRAMA THAT IS INHERENT IN MANAGING AN OVERBUILT CITY. SEVEN-MILE STRETCH OF SAND IN THE ATLANTIC, RIGHT? SO THEY CAN FOCUS THEIR RESOURCES ON THE MAINLAND. WE CAN FOCUS OUR RESOURCES ON OUR STUFF. AND I THINK WE'LL ALL BE BETTER OFF AS A RESULT. AND IF I COULD, MR. MAYOR. I’M SORRY, COMMISSIONER MATEO SALINAS, THEN COMMISSIONER MAGAZINE. THANK YOU, MR. MAYOR. SO JOSE, HAS YOU AND YOUR TEAM, HAVE WE, HAVE US DONE ANY TYPE OF TRAFFIC STUDY IN NORTH BEACH TO SEE WHERE SPEED TABLES WOULD BE APPROPRIATE IN APPLE VILLE? SPEED TABLES, MEANING TRAFFIC CALMING. THERE IS A TRAFFIC CALMING PROJECT THAT'S A GENERAL OBLIGATION BOND PROJECT IN NORTH BEACH, IN NORMANDY ISLE. AND THAT PROJECT IS DUE TO BEGIN CONSTRUCTION VERY SHORTLY. WE'VE, IN ESSENCE, PASSED THE BATON. WE CONDUCTED ALL THE TRAFFIC STUDIES ASSOCIATED, WELL, THAT ARE REQUIRED FOR A TRAFFIC CALMING PROJECT. AND HAD THE NEIGHBORHOOD OUTREACH MEETINGS. AND HAD OUTREACH MEETINGS AND THE PROJECT WAS ACTUALLY REFINED AS A RESULT OF COMMUNITY INPUT. AND SO WE FINALIZED THE PLANS AND APPROVED BY MIAMI-DADE COUNTY. I BELIEVE THE PROJECT IS CURRENTLY WITH CIP. THEY'RE GETTING READY FOR THE PROCUREMENT OF A CONTRACTOR FOR CONSTRUCTION. SO BECAUSE MY CONCERNS ARE AS THESE NEW DEVELOPMENTS ARE GOING TO BE BUILT AND OCCUPIED, WE'RE GOING TO HAVE A LOT MORE PEDESTRIANS IN NORTH BEACH, AND I AM CONCERNED ABOUT THE SAFETY OF THESE PEDESTRIANS, ESPECIALLY CONSIDERING WHAT'S BEEN HAPPENING RECENTLY. AND SO WHILE I UNDERSTAND THE NEED FOR SYNCHRONIZING THE LIGHTS, THERE'S ALSO THE CONCERN THAT PEOPLE ARE GOING TO GET HIT. IF FOLKS DON'T SLOW DOWN. SO I'D LIKE TO SEE MORE SPEED TABLES IN NORTH BEACH IN APPROPRIATE LOCATIONS. WHERE ARE THESE SPEED TABLES GOING TO BE PLACED? WELL, AS PART OF THE PROJECT I MENTIONED, THEY'RE IN NORMANDY ISLE, SO NOT NECESSARILY IN THE CORE OF NORTH BEACH, THIS AREA THAT WE'RE CONCENTRATING ON OF ABBOTT, INDIAN CREEK, 71ST, 69TH. AND ISN'T 71ST IN NORMANDY? AND ALSO COLLINS, THEY'RE OWNED [01:05:01] BY THE STATE, FDOT, ALL OF THEM. THAT'S CORRECT. SO I’D LIKE TO MAYBE HAVE A RESOLUTION URGING WORKING WITH THEM TO GET WE NEED SPEED TABLES ON THOSE STREETS. THEY'RE JUST SO DANGEROUS. AND EVERY TIME I GO TO THE FOUNTAIN, SOMEONE APPROACHES ME AND SAYS, WHY DON'T WE HAVE SPEED TABLES ON 71ST? THIS PERSON GOT HIT, OR I HEARD, AND THIS PERSON NEARLY GOT HIT. AND ALSO COLLINS IS A BIG RISK TOO NEAR THE PUBLICS. EVERY TIME I GO TO NORTH BEACH I HEAR IT. SO I’D LIKE TO MAKE A MOTION TO HAVE A RESOLUTION TO GO TO FDOT THAT WE NEED SPEED TABLES ON THESE THREE AREAS TO SLOW FOLKS DOWN A LITTLE BIT. THROUGH THE CHAIR. THERE'S ACTUALLY A RESOLUTION ON THIS AGENDA DOING PRECISELY THAT. C7Z AS IN ZEBRA. I THINK I CO-SPONSORED THAT. THROUGH THE CHAIR. JUST REAL QUICK WITH JOSE. I THINK JUST A QUICK FOLLOW-UP. WELL, WE HAVE ORDER OR WE DON'T. COMMISSIONER MAGAZINE. THANK YOU. WE'RE A LOW-ORDER CITY OR NOT. THANK YOU. JOSE, TWO QUICK THINGS. ONE, THIS PILOT PROGRAM, WE'RE NOT ACTUALLY MAKING CHANGES. WE'RE JUST AGGREGATING DATA, AND IT NEEDS TO GO TO THE COUNTY FOR THEM TO IMPLEMENT CHANGES. IS THAT CORRECT? THAT'S CORRECT. OKAY. AND THEN SECONDLY, WHETHER IT BE IN NORTH BEACH OR I’LL JUST USE THE AREA WHERE WE ARE AT NOW. IN THE FLAMINGO PARK, ALTON ROAD, BETWEEN 5TH AND 17TH STREET, LET'S SAY, THE SIGNALS OF THE LIGHTS ARE AWFUL. I THINK WE CAN ALL AGREE ON THAT. DO WE ANALYZE IN DIFFERENT AREAS WHETHER IT'S APPROPRIATE TO HAVE ALTERNATIVE MEANS BESIDES TRAFFIC LIGHTS? WOULD WE BE BETTER SERVED IN AREAS LIKE FLAMINGO PARK? ADDING MORE STOP SIGNS AS OPPOSED TO TRAFFIC LIGHTS, ADDING ROUNDABOUTS AS OPPOSED TO TRAFFIC LIGHTS. THEY MAKE NO RHYME OR REASON. I GO THROUGH THAT AREA EVERY SINGLE DAY FROM MY OFFICE OR CITY HALL DOWN TO SOUTH POINT ELEMENTARY, AND IT CAN TAKE ME LONGER TO GET THERE WITHOUT A SINGLE OTHER CAR ON THE ROAD THAN IT CAN TAKE ME TO GET THROUGH FROM BRICKELL, QUITE LITERALLY, TO ALTON ROAD. AND WHILE I’M COGNIZANT WE DON'T WANT AN OPEN FREEWAY, BECAUSE CARS WILL TRAVEL ON THAT AS THEY WILL, BUT IF WE WOULD REPLACE STOP SIGNS WITH, I’M SORRY, REPLACE TRAFFIC SIGNALS THAT SEEMINGLY ARE RANDOMIZED AND REALLY NOT OPTIMIZED WELL WITH STOP SIGNS, I THINK THAT'S AT LEAST AN AVENUE WORTH EXPLORING. WHAT WOULD BE YOUR KIND OF INITIAL GUT REACTION TO THAT? COMMISSIONER, VERY INTERESTING QUESTION. THE STUDY THAT YOU'RE REFERRING TO, I’VE NEVER SEEN SUCH A STUDY. IT'S NOT A STUDY. IT'S JUST USING COMMON SENSE. YEAH, USUALLY INTERSECTIONS ARE EVALUATED EITHER ALONE OR AS PART OF A LARGER NETWORK, YOU KNOW, A MORE COMPREHENSIVE TRAFFIC STUDY. IT USUALLY DOES REQUIRE A TRAFFIC STUDY TO INSTALL A SIGNAL WHERE A SIGNAL DOES NOT CURRENTLY EXIST. NOW, OUR SIGNALS HAVE BEEN THERE FOR MANY, MANY DECADES, SO I DON'T KNOW THEIR ORIGIN, RIGHT? BUT HOW ABOUT THE OPPOSITE? BUT THE OPPOSITE, IN TERMS OF REMOVING A SIGNAL, IT WOULD ALSO REQUIRE A TRAFFIC STUDY, SIGNED AND SEALED BY A PROFESSIONAL ENGINEER. I WILL SAY THAT IT'S QUITE DIFFICULT. IT'S BEEN DONE BEFORE, BUT IT'S DIFFICULT BECAUSE USUALLY WHEN THERE'S A SIGNAL AT AN INTERSECTION, PRESUMPTION IS THAT THAT SIGNAL IS WARRANTED AND THAT IT'S THE SAFEST DEVICE FOR THAT LOCATION. THAT'S WHY IT REQUIRES A TRAFFIC STUDY TO UNDO, IF YOU WILL, THE EXISTING CONDITION OF A SIGNAL. BUT IT CAN BE DONE. IT CAN BE DONE SEVERAL WAYS, YOU KNOW, EITHER AS A... STANDALONE STUDY LOOKING AT AN INTERSECTION OR A SERIES OF INTERSECTION OR AS A NEIGHBORHOOD-WIDE PROJECT EITHER WAY IT YES, IT CAN BE DONE, BUT IT WOULD NEED TO BE EVALUATED BY THE WAY SINCE WE'RE TALKING ABOUT THIS I THINK IT MAKES SENSE UM RALPH LET'S LET'S ALSO CALL UP OUR NINE A H RELATING TO PARKING IN NORTH BEACH THIS WAY WE CAN SIMULTANEOUSLY DO BOTH ITEMS YES SIR CAN WE CAN WE JUST FINISH GOING THROUGH THE TRAFFIC STUFF FIRST BEFORE WE GET INTO THE PARKING SO YEAH LET'S JUST CALL IT UP SO IT'S SOMEBODY YES WE'LL DO THAT SO OUR 98H IS DISCUSSED TAKE ACTION PARKING ENFORCEMENT IN NORTH BEACH SO WE'LL HAVE IT BOTH BUT LET'S LET'S FINISH AS YOU SAID COMMISSIONER BOTT WHO'S NEXT I THINK CHIEF GOOD MORNING MAYOR COMMISSION COMMISSION ABOUT IT SOME MONTHS AGO I REMEMBER YOU GIVE ME A CALL WAS EARLY EVENING, A RUSH HOUR TIME, AND I WON'T USE THE WORD SALTY, [01:10:03] BUT I THINK YOU'RE REALLY ENERGIZED ABOUT TRAFFIC IN NORTH BEACH. AND THE NEXT DAY, AROUND 5.30, I DECIDED TO DRIVE WITH MYSELF TO TAKE A LOOK AT WHAT YOU'RE REFERRING TO, AND IT TOOK ME 56 MINUTES AND 3 SECONDS TO MOVE FROM THE 63RD STREET BRIDGE TO 71 IN THE CREEK. WAIT, I’M SORRY. DID EVERYONE CATCH THAT? 56 MINUTES AND 3 SECONDS TO GO FROM 63RD STREET TO 71ST STREET. ON A THURSDAY? YEAH. NOT DURING A HIGH-IMPACT WEEK? NO. WHAT WOULD HAVE HAPPENED? I MEAN, IN THIS CASE, IT MIGHT HAVE BEEN OKAY IF YOU, GOD FORBID, HAD A HEART ATTACK, BECAUSE THERE HAPPENS TO BE A FIRE STATION THERE, BUT WHAT THE HOLY HECK? THAT'S JUST NOT OKAY. SORRY, I WAS FEELING SALTY. YEAH, SO IT WAS PAINFUL, AND I QUICKLY UNDERSTOOD WHAT YOU MEANT IN OUR CONVERSATION THE EVENING BEFORE. I THOUGHT INITIALLY THEN PERHAPS MY OFFICERS THAT WERE ASSIGNED TO 73RD AND I’M SORRY 671ST AND THE CREEK THAT PERSON WAS NOT THERE THAT DAY WHEN I GOT TO THE INTERSECTION REALIZED THE PERSON WAS THERE DIRECTING TRAFFIC USING WHAT WE CALL THE PICKLE TO MANUALLY OVERRIDE THE TRAFFIC LIGHTS TO MAKE SURE THAT TRAFFIC IS FLOWING AS FAST AS AS REASONABLY POSSIBLE ALSO AN OFFICER AT THE TIME AT EAST BAY AND 71ST STREET, PREVENTING BLOCKING OF THE BOX. BUT GIVEN ALL OF THAT, IT STILL WAS NOT ENOUGH. THE FOLLOWING WEEK, WE TEMPORARILY ASSIGNED OUR MOTOR UNITS. THEY WERE STATIONED IN 671 CREEK, 690 CREEK, IN SUPPORT OF THE OFFICERS THAT WERE ALREADY THERE. THAT HELPED TO SOME EXTENT, BUT OBVIOUSLY NOT IDEAL. SINCE THEN, WE'VE CONTINUED DEMANDING THIS ACTION AT 71 IN THE CREEK, ONLY SUSPENDING THE MANUAL OVERRIDE OF THE TRAFFIC CIVILIZATION. AND MY COLLEAGUE JOSE SAID WE NEED TO DO A TRAFFIC STUDY TO GET CLEAN DATA. AND IF WE WERE TO CONTINUE TO OVERRIDE THE LIGHTS, WE WOULDN'T BE ABLE TO GET THE DATA THEY NEEDED TO MAKE A PROPER ASSESSMENT. OFFICERS STILL ARE THERE TO MAKE SURE THAT THE INTERSECTION IS NOT BEING BLOCKED BY CARS TOO FRUSTRATED TO WAIT. SO IF I MAY, I WOULD SUGGEST ONE OF THE ADDITIONAL THINGS THAT WE COULD DO, ESPECIALLY WHILE WE'RE WAITING FOR THE PICKLING TO BE ALLOWED TO COME BACK ONLINE. JOSE, WHEN DO YOU THINK THAT WILL BE? LET ME LET ME GET AN EXACT DATE BUT THINGS THAT CONTRIBUTE TO THE TRAFFIC DRAMA IS THAT PEOPLE GET REALLY FRUSTRATED WITH THE TRAFFIC AND LIKE WHEN YOU DO GET TO THE INTERSECTION OF 71ST AND INDIAN CREEK AND PEOPLE DO FINALLY THEY'RE ABLE TO TAKE A LEFT TURN BUT THAT TRAFFIC IS REALLY BLOCKED UP AND THEN YOU HAVE PEOPLE DOING ILLEGAL U-TURNS INTO ONCOMING TRAFFIC SO IT MIGHT BE A USEFUL THING TO HAVE MOTOR UNITS STATIONED THERE AS WELL, TOO EDUCATE PEOPLE THAT THAT'S JUST NOT A THING YOU CAN DO. I’M SORRY, BUT YOU CANNOT CROSS FOUR LANES OF TRAFFIC ILLEGALLY AND PUT ALL THESE OTHER PEOPLE WHO ARE COMING AT PRETTY HIGH RATES OF SPEED AROUND THAT CURVE AT RISK TO SLAM INTO YOU AND T-BONE YOUR CAR. AND THERE ARE INCIDENTS LIKE THAT. THERE ARE PLACES LIKE THAT ALL OVER NORTH BEACH AND I’M SURE OTHER PARTS OF THE CITY AS WELL. BUT SINCE WE'RE TALKING ABOUT THIS PARTICULAR SET OF ACTIONS, I THINK WE SHOULD LOOK AT THAT AS WELL. I WANTED TO HAVE WILL AND JOHN TALK ABOUT THE THINGS THEY'RE WORKING ON TO HELP ALLEVIATE THE TRAFFIC. DO YOU WANT TO DO THAT BEFORE WE HEAR FROM A COUPLE OF YOUR COLLEAGUES? AS YOU WISH. LET'S HEAR FROM COMMISSIONER MONICK, MATTEL SALINAS, AND COMMISSIONER FERNANDEZ. I JUST REALLY QUICKLY WANT TO, THE RESOLUTION THAT'S ON C7Z, IT'S AN URGING OF FDOT TO IMPLEMENT TRAFFIC CALMING MEASURES ON COLLINS. BUT I WANT TO ADD TO THAT, IF YOU'RE OKAY, COMMISSIONER DOMINGUEZ, 71ST STREET AND NORMANDY, SPEED TABLES AND TRAFFIC CALMING. WOULD YOU BE OKAY WITH THAT? SO JUST TO BE CLEAR, 71ST STREET ALREADY HAS, WELL, MAYBE YOU'RE TALKING ABOUT A DIFFERENT AREA, BUT THERE'S A WHOLE FDOT PROJECT THAT IS ABOUT TO BREAK GROUND ON 71ST STREET AND NORMANDY GOING EAST AND WEST. OKAY. BUT, YOU KNOW, WHATEVER, WE CAN WORK THOSE DETAILS OUT. AND THEN I WANT TO FOLLOW UP WITH COMMISSIONER MAGAZINE'S STATEMENT ABOUT REPLACING THE LIGHTS WITH A FOUR-WAY STOP. HOW DO WE DO THAT? BECAUSE I DIDN'T. THROUGH TRAFFIC STUDIES, EVALUATING INTERSECTIONS. WHAT DO WE HAVE TO DO TO GET THAT? DO WE NEED TO MAKE A MOTION HERE? BECAUSE THERE'S A COUPLE PLACES WHERE I AGREE WITH YOU THAT THAT WOULD ACTUALLY MAKE SENSE. WELL, FUNDING WOULD BE REQUIRED TO DO THAT STUDY, AND I’M NOT EXACTLY SURE. I MEAN, IT DEPENDS ON THE SCOPE AND THE SCALE OF THE STUDY, HOW LARGE IT IS. SO IT'S HARD FOR ME TO SAY A COST OFF THE CUFF. [01:15:01] SO COULD WE BRING BACK SOMETHING? I JUST THERE'S JUST ONE IN PARTICULAR JUST ONE YEAH THROUGH THE CHAIR MAYBE A REFERRAL TO THE FINANCE COMMITTEE TO DISCUSS WHAT THE WHAT THE COST WOULD BE OKAY, THEN I’D LIKE TO MAKE THAT MOTION TO MAKE A REFERRAL TO THE FINANCE COMMITTEE TO STUDY ONE PARTICULAR INTERSECTION IN NORTH BEACH TO SEE IF IT WOULD MAKE SENSE TO REPLACE THE TRAFFIC LIGHT WITH A FOUR-WAY STOP OKAY, AND WHOSE ROLE IS THAT JOSE THAT YOU NEED TO STUDY TO REMOVE THAT? IT'S REQUIRED. BY WHO? IT'S STATE. AND IN THIS CASE, I’M NOT SURE IF IT'S A LOCAL ROAD OR A STATE ROAD OR A COUNTY ROAD. HOW DO YOU KNOW IT'S REQUIRED IF WE DON'T KNOW WHO'S REQUIRING IT? IF I MAY, UNDER THE HOME RULE CHARTER OF MIAMI-DADE COUNTY, THEY HAVE CONTROL OVER ALL TRAFFIC CONTROL DEVICES UNLESS WE HAVE AN INTERLOCAL AGREEMENT WITH THEM. SO THAT'S THE RULE THAT JOSE IS REFERRING TO. THE COUNTY DOES NOT MAKE MODIFICATIONS TO THE... EITHER INCLUSION OF STOP SIGNS OR CONVERSION OF STOP SIGNS TO SIGNALS. I’VE NEVER EVEN HEARD OF THE REVERSE, BUT WE CERTAINLY CAN LOOK AT THAT. BUT THE COUNTY WILL NOT ENTERTAIN ANY OF THOSE ASKS WITHOUT DATA TO BACK IT UP. I APPRECIATE THAT. WE WORKED FOR A YEAR FOR STOP SIGNS. WE HAD TEMPORARY STOP SIGNS. THEN WE WERE TOLD WE NEEDED STUDIES ON WEST AVENUE BY 5TH STREET, BY 5TH PARK. WE WENT FROM A TEMPORARY STOP SIGN AND THEN IT WAS REMOVED BECAUSE WE SAID WE NEEDED TO HAVE A TRAFFIC STUDY. AND THEN THE TRAFFIC STUDY DIDN'T ANALYZE. WE HAVE A TOTAL MESS OUT THERE NOW. AND THEN WE JUST HEARD FROM OUR COUNTY COMMISSIONER YESTERDAY GOING, THAT WAS ALL BALONEY. YOU DIDN'T NEED A STUDY. WE DON'T MANDATE WHERE A CITY CAN PUT THEIR STOP SIGNS. IS SHE WRONG? TO OUR TRANSPORTATION DIRECTOR. MY UNDERSTANDING, COMMISSIONER, IS THAT THE COUNTY REQUIRES, OR THE AGENCY WITH JURISDICTION, WHETHER IT'S FDOT OR MIAMI-DADE COUNTY, REQUIRES A TRAFFIC ENGINEERING ANALYSIS TO EVALUATE THE BEST IMPROVEMENT FOR THAT LOCATION. DO ANY OF MY OTHER COLLEAGUES THAT WERE THERE? DO THEY HAVE A SIMILAR RECOLLECTION? WELL, WHAT I RECOLLECT IS AT THE TIME COMMISSIONER OLIVER GILBERT INITIATED AN ORDINANCE TRANSFERRING TO LOCAL JURISDICTIONS AND MUNICIPALITIES, I THINK, AUTHORITY TO MAKE A LOT OF THESE DECISIONS ON THEIR OWN AS OPPOSED TO HAVING TO SEEK APPROVAL FROM DTPW. SO SHIFTING THOSE APPROVALS FROM THE COUNTY HAVING TO DO IT TO THE CITY, I DON'T RECALL WHAT THAT ORDINANCE SAID AND WHAT THE TRAFFIC MANUAL SAID AS IT RELATED TO THESE TRAFFIC STUDIES. WHAT I DO FIND INCREDIBLY FRUSTRATING IS THAT WHENEVER WE HAVE TO DO THESE TRAFFIC STUDIES, WE HAVE TO GO TO THE OUTSIDE TO DO THESE TRAFFIC STUDIES, AND THEY COST US, LIKE, WHAT, A COUPLE HUNDRED THOUSAND DOLLARS? NOT A NORMAL, LET'S SAY, ALL-WAY STOP CONTROL STUDY THAT EVALUATES WHETHER AN ALL-WAY STOP IS WARRANTED AT AN INTERSECTION. THAT IS A MUCH LESS COST. I MEAN, AT SOME POINT, I THINK IT BECOMES CHEAPER TO JUST DO IT IN-HOUSE, HAVE STAFF IN-HOUSE THAT CAN DO THESE TRAFFIC STUDIES, RATHER THAN CONSTANTLY HAVING TO GO OUT INTO THE PUBLIC AND... AND DO THIS YOU KNOW WITH WITH TRAFFIC ENGINEERS AND GIVING THEM CONTRACTS AND YEAH, THAT'S JUST A PERSONAL FRUSTRATION. MR. MAYOR. MR. BOTTS. SO I’M A LITTLE BIT CONCERNED THAT WE HAVE OPINIONS OF WHAT WE THINK THE COUNTY AND OR STATE, BUT IN THIS CASE PRIMARILY THE COUNTY, REQUIRES VERSUS WHAT, AND MAYBE IT'S JUST THAT SOMEBODY IS MISINFORMED AND THAT'S OKAY. BUT I THINK WE NEED TO GET 100% CERTAINTY BECAUSE MAYBE WHAT IT IS IS THAT ABOVE A CERTAIN THRESHOLD THERE'S A STUDY THAT'S REQUIRED, BUT BELOW A CERTAIN THRESHOLD, WE ARE EMPOWERED TO DO ENOUGH. BUT SOMEHOW IN TRANSLATION OVER THE YEARS, THAT LINE GOT SHIFTED IN OUR COLLECTIVE MEMORY OF HOW THINGS GET DONE. SO CAN WE I DON'T KNOW IF THIS NEEDS AN URGING LEGISLATIVELY, BUT CAN YOU COME BACK NO LATER THAN NEXT MONTH AND MAYBE EVEN AT AN LTC TO CLEARLY DELINEATE WHAT WHAT THRESHOLD FOR WHAT TYPE OF CHANGES BY JURISDICTION, CITY, COUNTY, STATE? [01:20:01] BECAUSE THE FACT THAT THIS IS NOT A 100% I KNOW X, Y, AND Z IS CAUSE FOR CONCERN. AND IT MIGHT JUST BE THAT A NEW COMMISSIONER TO THE COUNTY MISSPOKE, WHICH IS PERFECTLY LEGITIMATE. PEOPLE DO THAT ALL THE TIME. IT'S NOT A, YOU KNOW, IT JUST HAPPENS, SO IT'S NOT A SLAM. I JUST THINK WE ALL NEED TO KNOW FOR SURE. YEAH, AND COMMISSIONER, IF I CAN. I APPRECIATE THAT, AND PERHAPS THE COUNTY COMMISSIONER DID MISSPEAK, AND I ACTUALLY JUST TEXTED HER RIGHT NOW TO BE VERY CLEAR. BUT IF WE GOT THAT WRONG, IT'S NOT OKAY. YEAH. IT'S NOT. THIS COST US MONTHS OF WORK AND TENS, IF NOT HUNDREDS OF THOUSANDS OF DOLLARS OF TAXPAYER MONEY. AND IF I FIND OUT THAT FDOT OR THE COUNTY HAS NO JURISDICTION OVER THAT AND WE'RE RUNNING THROUGH THESE HOOPS. AND SPENDING TAXPAYER MONEY FOR NO REASON, THAT'S NOT GOING TO BE OKAY. I’M SICK OF THIS. IT TAKES YEARS TO DO ANYTHING. YEARS TO PUT IN A STOP SIGN, TO PUT IN A CROSSWALK. I’VE BEEN UP HERE FOR THREE YEARS TRYING TO PUT IN A CROSSWALK, AND WE CAN'T DO IT. HOW CAN WE ENDEAVOR TO GREATNESS IF IT TAKES THREE YEARS TO PUT IN A CROSSWALK? IF WE CAN'T SIT HERE WITH A STRAIGHT FACE AND KNOW IF WE COULD PUT A STOP SIGN ON OUR STREET OR NOT, THAT'S NOT OKAY. THAT IS NOT OKAY. AND IF THE COUNTY COMMISSIONER COMES BACK AND SAYS, NO, YOU DON'T NEED F. OUT OF THE COUNTY JURISDICTION TO PLACE THE STOP SIGN, I’M GOING TO HAVE A BIG ISSUE BECAUSE WE WENT THROUGH MONTHS, WE HAD COMMUNITY MEMBERS OUT THERE ON THE STREETS. AT COMMUNITY MEETINGS, SPENDING TENS OF THOUSANDS OF DOLLARS ON STUDIES, AND THEN WE GOT RID OF THE STOP SIGNS, THAT'S GOING TO BE AN ISSUE. WE NEED TO FIGURE THIS STUFF OUT. SO IF I COULD, DO YOU HAVE A QUESTION? YEAH, JUST THROUGH THE SAME CONVERSATION OF TOPIC OF TRAFFIC, I WANT TO GET BACK TO TRAFFIC. YOU KNOW, ONE OF THE THINGS THAT I SEE ALSO IN NORTH BEACH THAT CAUSES A LOT OF TRAFFIC IS YOU HAVE THESE DELIVERY TRUCKS. YES. I WILL. COMING UP TO THE PODIUM. YEAH. SO CAN WE HAVE WILL? I'D LIKE TO ALSO TALK ABOUT IT. AND ESPECIALLY ON COLLINS, WHEN YOU ARE APPROACHING THE 63RD STREET BRIDGE, YOU HAVE THREE LANES GOING NORTH, AND YOU HAVE THESE TRUCKS THAT SERVICE BOTH HOTELS ON THE EAST AND WEST SIDE, AND THEY'LL JUST... THEY'LL JUST PARK RIGHT IN THE MIDDLE OF THE STREET AND BLOCK UP TRAFFIC. AND THAT'S USUALLY WHAT HAPPENS AT THE START OF THINGS GETTING BAD. I EVEN SENT A PICTURE TO THE CITY MANAGER WHERE YOU HAD A DELIVERY TRUCK AND THEN YOU HAD WASTE MANAGEMENT IN THE MIDDLE LANE. HORRIBLE. AND I’M TAKING PICTURES OF THIS AND I’M SAYING, HOW IS THIS EVEN POSSIBLE? AND IT JUST SEEMS LIKE THERE'S NO... ENFORCEMENT. YEP. OKAY, ERIC, YOU KNOW, I’M NOT GONNA TALK TO YOU. WELL, I’M GONNA TALK TO YOU. YOU'RE THE ONE WHO'S RESPONSIBLE. YOU'RE THE ONE WHO IS SUPPOSED TO BE MANAGING THE CITY. SO, AT LEAST FROM MY PERSPECTIVE, ALL MY ISSUES ARE GONNA BE DIRECTED TO YOU. BECAUSE YOU'RE THE ONE WHO'S GONNA BE RESPONSIBLE FOR MANAGING THIS. NOW, I STILL SEE IT HAPPENING. I STILL SEE DELIVERY TRUCKS ON COLLINS GOING NORTH, AND THEN I ALSO SEE... WASTE MANAGEMENT TRUCKS GOING IN THE MIDDLE LANE. YOU KNOW, THERE HAS TO BE ENFORCEMENT. IF THERE'S NO ENFORCEMENT... PEOPLE ARE JUST NEVER GOING TO CHANGE THEIR BEHAVIOR. SO, YOU KNOW, IT'S NOT A SILVER BULLET FOR THE TRAFFIC IN NORTH BEACH, BUT, YOU KNOW, WE HAVE TO ATTACK THIS FROM ALL SIDES, AND IT REALLY COMES DOWN TO HOW DETAILED CAN WE BE WHEN IT COMES TO ENFORCEMENT. SO, YOU KNOW, ERIC, WHAT CAN WE DO ABOUT THAT? BECAUSE IT HAPPENS EVERY DAY. SO WE USED TO HAVE... THE WASTE HAULERS COME AND DO THE PICKUPS VERY EARLY IN THE MORNING. UNFORTUNATELY, THERE WERE A LOT OF COMPLAINTS FROM RESIDENTS ABOUT THE NOISE RELATED TO THE EARLY MORNING PICKUPS. AND SO WHEN THE WASTE HAULERS PUSHED LATER INTO THE MORNING, INTO THE EARLY AFTERNOON, THEY RUN INTO A LOT MORE TRAFFIC. BUT THEN BLOCKING THE MIDDLE LANE ON COLLINS IS ILLEGAL. SO, YOU KNOW, IT'S NOT LIKE THEY CAN STILL GO LATER IN THE DAY, BUT THEY SHOULDN'T BE. BLOCKING TRAFFIC IN THE MIDDLE OF THE LANE. AND IF YOU YIELD COMMISSION [01:25:01] RATES, I WANT TO BUILD UPON THAT. OKAY, YOU KNOW, THE GARBAGE TRUCKS, THAT'S ONE SCENARIO, AND I FEEL ALMOST IT'S LIKE A DEFLECTION. BECAUSE THE REAL PROBLEM IS THAT THROUGHOUT THE DAY, OUR ROADWAYS, THEY'RE BLOCKED BY UPS, FEDEX, CISCO, ALL THESE OTHER DELIVERY TRUCKS THAT ARE BLOCKING COLLINS AVENUE. AND THEN YOU'RE SITTING IN TRAFFIC ON COLLINS AVENUE, YOU THINK THERE'S A BAD ACCIDENT OR SOMETHING. IT IS A DELIVERY TRUCK. IT IS A DELIVERY TRUCK. WHY? BECAUSE THEY CAN'T PARK AT ONE OF THE FOLZS BECAUSE SOMEONE ELSE IS PARKED THERE, WHO PROBABLY SHOULDN'T BE PARKED THERE, BY THE WAY. AND SO THEN NOW WE END UP WITH THIS SITUATION THAT OUR CITY IS GRIDLOCKED BECAUSE YOU HAVE THESE TRUCKS ALL OVER. ALL OVER. AND YES, ON OCCASION, IT MIGHT BE THE GARBAGE TRUCKS, BUT IT'S MUCH BIGGER THAN THE GARBAGE TRUCKS. AND OH, BY THE WAY, GO INTO THE RESIDENTIAL NEIGHBORHOODS. GO INTO THE RESIDENTIAL NEIGHBORHOODS, AND IT'S SO UNSAFE IN THE RESIDENTIAL NEIGHBORHOODS WITH ALL THE TRUCKS. TRY TO DRIVE DOWN PRAIRIE AVENUE. TRY TO DRIVE DOWN PRAIRIE AVENUE, TRUCKS NOT ONLY BLOCKING TRAFFIC, BLOCKING BICYCLE LANES ON THE ROUTES TO SCHOOL THAT CHILDREN SHOULD BE USING. IMAGINE THAT, WHERE CHILDREN ARE SUPPOSED TO BE USING THOSE BICYCLE LANES SO THAT THEY CAN GO SAFELY TO SCHOOL. WE HAVE DELIVERY TRUCKS, WE HAVE CONSTRUCTION TRUCKS, WE HAVE POOL REPAIRMEN, WE HAVE... STUFF THROUGHOUT ALL OF THESE RESIDENTIAL NEIGHBORHOODS THAT'S ALSO CREATING TRAFFIC. AND WHERE'S THE ENFORCEMENT? AND IF I CAN BUILD ON THAT, COMMISSIONER FERNANDEZ, ON TWO POINTS THAT YOU MADE, IT'S NOT JUST ON, AND COMMISSIONER SUAREZ, IT'S NOT JUST ON COLLINS. I MEAN, YOU GUYS KNOW THIS, BUT FOR PEOPLE WHO ARE LISTENING IN, YOU KNOW, WILL, I SENT YOU PICTURES TWO DAYS AGO, I THINK, OF AN 18-WHEELER TRUCK, AN 18-WHEELER TRUCK ON UM 74TH ON THE ALLEY BETWEEN COLLINS AND HARDING DOING A K TURN LIKE A DOUBLE K TURN TO PULL INTO THE ALLEY THAT WAS ALREADY BLOCKED BY OTHER 18 WHEELER OR SLIGHTLY SMALLER TRUCKS IT WAS IT WAS IT WOULD HAVE BEEN FUNNY IF IT WEREN'T SO DANGEROUS AND THEN YOU HAVE IN THESE RESIDENTIAL NEIGHBORHOODS NARROW STREETS THAT WERE BUILT FOR A DIFFERENT SIZED VEHICLE AND NOW YOU HAVE THE F-150 KING CAB TRUCKS THAT STICK OUT INTO THE RIGHT-OF-WAY, AND YOU DON'T HAVE THE PROPER SPEED ZONES, RIGHT? SO THE STATE SAYS OR THE COUNTY SAYS YOU CAN GO 25 MILES AN HOUR HERE, BUT IF YOU DO, GOD HELP YOU, BECAUSE RIGHT AROUND THE BEND, THERE'S A PICKUP TRUCK WITH A TOWING LITTLE HARNESS THINGY, WHATEVER THEY'RE CALLED, STICKING OUT. AND SO YOU CAN'T SEE WHAT'S IN FRONT OF IT, AND YOU HAVE AN UBER WAITING TO PICK UP A PASSENGER, AND IN FRONT OF THAT YOU HAVE A DELIVERY TRUCK. I MEAN, IT IS, YOU KNOW, TO MATTHEW'S POINT EARLIER, AND IT IS SUCH A DISASTER WAITING TO HAPPEN. I FEEL LIKE WE ARE FROGS IN THE BOILING POT, AND WE ARE STARTING TO WATCH THE WATER GO FROM LUKEWARM TO A LOW SIMMER. WE'RE NOT BOILING OVER YET, BUT HOW MANY PEOPLE DYING? IS IT GOING TO TAKE FOR US TO DO THE HEAVY LIFTING, THE DIFFICULT WORK, AND SAYING TO VENDORS, YOU KNOW WHAT, YOU CANNOT BRING AN 18-WHEELER TRUCK INTO THE CITY. WITH VERY RARE EXCEPTIONS AND WE CAN DISCUSS THAT. TO TALK ABOUT DELIVERY VEHICLES, AMAZON AND ALL THOSE GUYS, THAT THEY HAVE TO PULL INTO THE BUILDINGS. THEY HAVE TO PULL INTO SOMEBODY'S DRIVEWAY. I’M SORRY IF IT'S INCONVENIENT. I’M SORRY IF THE VALET PERSON DOESN'T CHOOSE TO DO THAT BECAUSE IT SLOWS DOWN THE VALET, BUT SOMEBODY'S LIFE COULD BE SAVED. I MEAN, AGAIN, I COME BACK TO THIS POSITION OF OUR JOB IS TO KEEP OUR RESIDENTS SAFE AND WE HAVE SO MANY IMPEDIMENTS BLOCKING US, NO PUN INTENDED, THAT WE HAVE TO START LOOKING AT THIS OUTSIDE THE BOX AND REMINDING PEOPLE THAT TO DO BUSINESS HERE, TO MAKE YOUR DELIVERIES HERE, YOU HAVE TO DO IT IN A WAY THAT CONFORMS WITH OUR SAFETY REQUIREMENTS. AND UNFORTUNATELY, WE CAN'T HANDLE 18-WHEELER TRUCKS, AND YOU CAN'T JUST PULL OVER TO THE SIDE OF THE ROAD. AND HAVING THE WASTE MANAGEMENT PEOPLE COME, I CAN UNDERSTAND NOBODY WANTS THEM AT 6 A.M. I GOT IT. BUT THEY SHOULD NOT BE ABLE TO COME ON MAIN INTERSECTIONS AND MAIN THOROUGHFARES. BEFORE 9 30. THEY CAN DO THEIR PICKUP WORK BETWEEN 9 30 AND 4. AND IF THEY NEED TO HAVE A COUPLE EXTRA TRUCKS [01:30:02] TO GET THE ROUTES COVERED IN THAT TIME FRAME THEY'RE MAKING A LOT OF MONEY OFF US THEY CAN BUY A COUPLE MORE TRUCKS TO MAKE SURE THEY GET THOSE ROUTES COVERED RIGHT THEY CANNOT DO WHAT THEY WANT WILLY-NILLY IT'S ENOUGH I’M EXHAUSTED BY THIS SAYING WELL THIS IS HOW THEY'VE ALWAYS DONE IT OR THEIR TRUCKS ARE TOO BIG OR IT WOULD COST TOO MUCH MONEY FOR THEM TO RETROFIT SOMETHING ENOUGH YOU WANT THE CONTRACT, YOU WANT THE BUSINESS, WE'RE GOING TO GIVE IT TO YOU, BUT ON OUR TERMS. SO, AGAIN, IF YOU COULD JUST... BUT IN THE MEANTIME, IN THE MEANTIME, BETWEEN NOW AND WE CREATE THAT SHIFT, WE HAVE A RESPONSIBILITY AS A CITY GOVERNMENT TO MAKE SURE THAT THESE TRUCKS ARE NOT BLOCKING OUR ROADS. IT'S GOING TO TAKE TIME TO GET TO THAT POINT WHERE WE SIT DOWN WITH AMAZON, WHERE WE... SIT DOWN WITH ALL THESE COMPANIES WHICH I THINK IS A GREAT POINT YOU'RE MAKING COMMISSIONER BOTT AND ENCOURAGE THEM TO GO TO A TRANSFER STATION AND GO FROM A BIG TRUCK TO A SMALLER TRUCK AS SO MANY URBAN COMMUNITIES BUILT OUT COMMUNITIES DO THROUGHOUT THE COUNTRY AND THE WORLD BUT IN THE MEANTIME WE HAVE THE RESOURCES TO BE CORRECTING THESE ISSUES THROUGH ENFORCEMENT OUR ROADWAYS NEED TO BE OPEN FOR OUR RESIDENTS AND WHEN THE CHIEF OF POLICE IS TELLING YOU IT TAKES HIM 53 MINUTES, 53 MINUTES TO GET FROM POINT A TO POINT B, NOT FROM ONE END OF THE CITY TO THE OPPOSITE END OF THE CITY, A SMALL DISTANCE. HOW FAR WAS IT AGAIN, CHIEF? EIGHT BLOCKS. EIGHT BLOCKS. 53 MINUTES. THAT IS ALARMING. THAT IS ALARMING. IT SPEAKS TO A TRAFFIC STATE OF EMERGENCY THAT WE ARE DEALING WITH IN OUR CITY, AND I EXPECT, MR. MANAGER, THAT ALL DEPARTMENTS ARE HANDS-ON DECK IN ADDRESSING IT, BECAUSE IT ALL CAN'T FALL ON THE POLICE DEPARTMENT. AND WILL IS WORKING. CAN WILL JUST EXPLAIN SOME OF THE THINGS WE'VE ALREADY PUT IN PLACE AND THEN TALK TO US ABOUT WHAT WE CAN DO TO EXPEDITE, PUT MORE TEETH INTO IT? I MEAN, WE'VE HAD A LOT OF THESE CONVERSATIONS ALREADY. AND ALSO, WHAT DO YOU NEED FROM US TO HELP YOU ENACT THIS? THIS ENFORCEMENT, WHICH WE CLEARLY NEED TO CHANGE BEHAVIOR. WHAT DO YOU NEED FROM US? SO I'LL START WITH WHERE WE'RE AT. SO WE ARE CURRENTLY, AND I KNOW WE'VE TALKED ABOUT THE COLOR-CODED CURBS, BUT NOT ONLY THESE COLOR-CODED CURBS, BUT THE CITY MANAGER ALLOWED US TO ENTER AN AGREEMENT WITH A COMPANY CALLED AUTOMOTUS. THESE ARE AI CAMERAS THAT WE PLACE AT EVERY ONE OF OUR FREIGHT LOADING ZONES. WE ARE IN THE PROCESS OF GETTING THIS UP AND RUNNING, WHERE WE WILL NOT ONLY BE ABLE TO AUTOMATICALLY IDENTIFY WHEN A VIOLATION IS OCCURRING, WE CAN DISPATCH A PARKING ENFORCEMENT SPECIALIST TO THAT ZONE IMMEDIATELY TO CLEAR THAT FREIGHT LOADING ZONE, BUT WE CAN ALSO BETTER UNDERSTAND THE OCCUPANCY. BECAUSE WE DO HEAR ANECDOTAL EVIDENCE, LIKE ALL YOUR FREIGHT LOADING ZONES ARE ALWAYS TAKEN. BUT THESE CAMERAS WILL ACTUALLY LET US KNOW THAT, FOR EXAMPLE, BETWEEN THE HOURS OF 7A TO 3P OR 7A TO 7P, DEPENDING ON THE HOURS OF THAT FREIGHT LOADING ZONE, WHAT'S THE ACTUAL OCCUPANCY? ON TOP OF THAT, THESE CAMERAS ARE GOING TO GIVE A LIVE LOOK TO ANY DELIVERY COMPANY ON WHAT FREIGHT LOADING ZONE IS OPEN AT THAT POINT IN TIME. SO IF YOU ARE PLANNING YOUR DELIVERIES, YOU CAN PULL UP YOUR TABLET AND LOOK, THIS FREIGHT LOADING ZONE IS WITHIN TWO BLOCKS OF WHERE I’M AT, I CAN GO THERE. SO THIS SHOULD BE TRANSFORMATIVE IN THE WAY THAT WE ALLOW COMPANIES THAT ARE COMING AND DELIVERING ON MIAMI BEACH. NOW, AS FAR AS... CAN I INTERJECT THERE? WHAT IS THE PROCESS TO ENACT ENFORCEMENT? BECAUSE I WANT TO BE SURE THAT THERE'S NOT BUREAUCRACY WITHIN THAT PROCESS. AND THIS IS ANECDOTAL, BUT... MAYBE A YEAR AND A HALF AGO, I WAS DOWN THE ENTERTAINMENT DISTRICT AND SAW ONE OF THOSE HIGHLY INAPPROPRIATE DIGITAL BILLBOARD SIGN ADVERTISING THINGS THAT JUST WERE NOT CONGRUENT WITH A CITY. BUT IT WAS IN A FREIGHT LOADING ZONE IN FRONT OF A FIRE. IT WAS LONG. IT WAS HALF IN A FREIGHT LOADING ZONE, HALF IN A FIRE. AND I FORGET IF I CALLED POLICE OR SOMETHING ALONG THOSE LINES. THEY GO, OK, WE NEED TO DISPATCH PARKING FIRST. AND THEY COME OUT, THEY DO THEIR PROCESS, THEN THEY HAVE TO CALL SOMEBODY, THEN THEY CALL THE TOWING COMPANY. AND BY THE TIME THE PROCESS PLAYED OUT, THIS GUY CAME BACK WITH, I REMEMBER VIVIDLY, WITH FULL CARRYOUT FOOD. AND HE JUST GETS THERE AND ESSENTIALLY AFTER A HALF HOUR, HE'S LEAVING JUST AS SOME OF OUR STAFF IS GETTING THERE TO ACTUALLY PUT TEETH THROUGH THIS ENFORCEMENT. SO ARE THERE STEPS THAT NEED TO BE CUT OUT THAT MAKE OUR PROCESS MORE EFFICIENT? AS OF RIGHT NOW, NO, BECAUSE THAT IS WHAT THESE CAMERAS ARE [01:35:01] SUPPOSED TO SOLVE. SO RIGHT NOW, THE WAY THAT WE DISPATCH FREIGHT LOADING ENFORCEMENT, WE HAVE ZONES THAT ARE SPECIFICALLY FOR FREIGHT LOADING. AND LET'S SAY ON A DAYTIME SHIFT, WE'LL DISPATCH FOUR PARKING ENFORCEMENT SPECIALISTS THAT ARE DEDICATED SOLELY TO FREIGHT LOADING ZONES. WELL, RIGHT NOW, THEY LEAP AND BOUND IN THEIR TERRITORY LOOKING FOR VIOLATIONS. BUT WHEN THEY LEAVE AN AREA, THEY MIGHT NOT COME BACK TO THAT AREA FOR 20 MINUTES. WITH THE CAMERAS, YES, MA'AM. I WAS JUST GOING TO SAY, IT'S NOT JUST THE FREIGHT LOADING ZONES. LIKE, WE NEED ENFORCEMENT FOR THE PEOPLE WHO JUST PULL OVER AND BLOCK A LANE OF TRAFFIC. SO THAT'S A DIFFERENT THING. SO THAT'S WHAT I’M HOPING TO, AND I'LL USE, I BELIEVE, AND I DON'T WANT TO SPEAK FOR THE POLICE, BUT I THINK CODE ENFORCEMENT AS WELL. SO THESE CAMERAS SHOULD ALLOW US TO GO MORE TOWARD A TERRITORIAL ENFORCEMENT. SO, FOR EXAMPLE, I DON'T HAVE TO SAY I’M ONLY GOING TO FOCUS ON FREIGHT LOADING ZONES BECAUSE I HAVE A CAMERA THAT IS WATCHING THAT ZONE. AND AS SOON AS IT IDENTIFIES A POSSIBLE VIOLATION, I WILL GET AN ALERT, AND THEN I CAN HEAD OVER THERE. BUT IN THE MEANTIME, BECAUSE I DON'T HAVE TO JUST LOOK FOR FREIGHT LOADING ZONE, FREIGHT LOADING ZONE. WILL, HOW ARE YOU GOING TO GET OVER THERE IF THE TRAFFIC'S BACKED UP? NO, I MEAN, IT'S FUNNY, BUT IT'S A VALID POINT. AND SO THE POLICE, THEY NOW HAVE SIX E-BIKES THAT WERE DONATED, FIVE OF WHICH ARE GOING TO BE ON THE ROAD TO ENFORCE CERTAIN KINDS OF ACTIVITY. AND WE'VE HAD A CONVERSATION, ALL OF US ON THE DAY, OVER THE LAST NUMBER OF YEARS, OF WHY DO WE HAVE SO MANY TRUCKS FOR THE CITY, WHICH I UNDERSTAND BECAUSE YOU'RE HAULING STUFF AND PICKING STUFF UP. I GET THAT. BUT MAYBE ONE OF THE THINGS WE SHOULD BE LOOKING AT AS WE GO THROUGH THE UPCOMING BUDGET PROCESS IS POLICE, CODE, PARKING, AND MAYBE ANOTHER DEPARTMENT. BUT THOSE THREE DEPARTMENTS SHOULD HAVE E-BIKES. THAT THEY ARE TRAINED TO RIDE SAFELY. THIS DOESN'T GIVE ANYBODY A PASS TO BE ABLE TO GET... PARKING USED TO HAVE A BICYCLE UNIT. YEAH, AND THEY NEED TO BE REALLY MODELS OF RIDING THEM SAFELY FOR OBVIOUS REASONS THAT WE'LL TALK ABOUT LATER, SO THAT YOU HAVE SOMEBODY ASSIGNED TO A ZONE, AND YOU CAN GET THERE IN FIVE MINUTES. I MEAN, YOU CAN, REGARDLESS OF THE TRAFFIC, AND STILL RIDING SAFELY, COMPLYING WITH THE RULES OF THE ROAD, YOU'RE NOT GOING TO BE BACKED UP FOR 56 MINUTES GOING EIGHT BLOCKS. I MEAN, I THINK THAT SHOULD BE A, YOU KNOW, CAN I MAKE A MOTION? TO HAVE THE ADMINISTRATION DISCUSS AND BRING BACK TO US WHAT A BEST PLAN WOULD BE TO SUPPLEMENT EXISTING DEPARTMENTS WITH THOSE SORTS OF RESOURCES. I MEAN, THIS CAN'T KEEP GOING ON THE WAY IT IS. LIKE, WE'VE GOT TO DO THINGS DIFFERENTLY. IT IS NOT GOOD ENOUGH TO SAY IT'S HOW IT'S ALWAYS BEEN OR WE DON'T HAVE THE BUDGET FOR IT. LIKE, THIS IS WHAT WE DECIDE TO SPEND THE BUDGET ON, RIGHT? THIS IS THE WORK WE'RE SUPPOSED TO DO HERE. SO, COMMISSIONER, I WANT TO... I SENT PJ WHAT SHOW YOU INTO WHAT YOU'RE TALKING ABOUT WITH THE 18 WHEELERS. PJ, IF YOU COULD PLAY IT UP ON THE SCREEN, PLEASE. THIS IS AT THE INTERSECTION ON COLLINS, AND IT'S GOING NORTH, AND THEN THIS IS BLOCKING LITERALLY THE MIDDLE LANE, AND THEN IT HAS TO MAKE A RIGHT, AND THEN THIS IS WHAT HAPPENS WITH A... 63RD STREET, IF THERE'S ANY SORT OF STREET... SO, YOU KNOW, YOU COULD CLOSE THE VIDEO. THINGS LIKE THAT, COMMISSIONER, WHERE IT MAKES SENSE, LIKE THAT DOESN'T BELONG THERE. AND, YOU KNOW, IT HITS THE CURB AND THEN THE CURB BREAKS AND... AND IT DOESN'T HAVE A RADIUS, SO IT'S NOT JUST MAKING THAT TURN, IT NOW HAS TO BACK UP. AND NOBODY'S EXPECTING AN 18-WHEELER TO BACK UP LIKE THAT. IT IS A GIANT CLUSTER. THE WHOLE THING IS A DISASTER. YEAH, SO, WELL, IS THERE ANY WAY WE CAN HAVE PHOTO ENFORCEMENT? SO INSTEAD OF HAVING PEOPLE TO JUST GO THERE, LIKE YOU GET A PICTURE OF THE LICENSE PLATE. SO, YES. AND ACTUALLY, SO THE CAMERAS IN THE FREIGHT LOADING ZONES, FOR EXAMPLE, DO THEY ARE GOING TO BE PHOTO ENFORCEMENT. SO OUR. YEAH, BUT OK, SO BUT FOR THAT PARTICULAR INTERSECTION, WE KNOW THAT THERE'S HOTELS ON BOTH SIDES AND THERE'S DELIVERY TRUCKS THAT CONSTANTLY GO BY AND THEY BLOCK THE LANE. CAN WE ENFORCE OUR ORDINANCES? FOR THAT PARTICULAR LOCATION, NOT NECESSARILY IN A LOADING ZONE, BECAUSE IF THERE WAS A LOADING ZONE, THERE WOULDN'T BE NO PROBLEM. YEAH, SO I BELIEVE SO, AND I WANT TO, IT GETS INTO IF THEY ARE STAYING THERE, WE WOULD MOST LIKELY BE ABLE TO ENFORCE FOR OBSTRUCTION OF TRAFFIC, WHICH DOES FALL UNDER PARKING'S PURVIEW. THE CHALLENGE WOULD BE WHERE ARE WE MOUNTING THE CAMERA AT, BECAUSE I KNOW EXACTLY WHERE THAT IS, BECAUSE THAT'S ABOUT FOUR MILES FROM OUR LIVING ROOM. I GUESS LET ME ASK THE CITY ATTORNEY, IS THAT? YOU KNOW, MR. TOPICO, IS THAT SOMETHING WE CAN ENFORCE, WHERE YOU HAVE A DELIVERY TRUCK OR ANY KIND OF TRUCK BLOCKING A LANE IN TRAFFIC, AND WE KNOW WHERE THE HOT SPOTS ARE. CAN WE ISSUE A CITATION THROUGH A CAMERA DETECTION SYSTEM? I DON'T BELIEVE THAT THROUGH A CAMERA DETECTION SYSTEM. THAT IS CURRENTLY ALLOWED UNDER FLORIDA LAW. I THINK THAT'S GOING TO HAVE [01:40:01] TO BE MANUAL ENFORCEMENT, EITHER BY POLICE OR PARKING. AND WHAT IF IT WAS ON THE ARCTIC, WHERE YOU HAD A POLICE OFFICER? VIEWING THE MONITORING THE CAMERA LIVE I WILL HAVE TO LOOK TO SEE WHETHER THAT'S A POSSIBILITY I JUST I JUST MIGHT HAVE A QUESTION THAT WE WE'VE HAD THESE ISSUES ALWAYS AND WHAT HAS HAPPENED TRADITIONALLY? GETS FOCUSED ON ENFORCEMENT AND I GET THE USE OF TECHNOLOGY AND WANTING TO TEST TECHNOLOGY AND WANTING TO PILOT TECHNOLOGY THERE IS NO REASON WHY TODAY WE CANNOT HAVE PEOPLE ON THE STREETS ENGAGING IN THIS ENFORCEMENT TODAY SO THAT SO THAT SO THAT WHILE WE WORK ON THE TECHNOLOGY AND WE EXPLORE WHAT YOU COULD DO WITH THE TECHNOLOGY WHETHER YOU CAN CALL THE PARKING DEPARTMENT WHETHER YOU CAN USE THE CAMERAS TO CALL THE TOWING DEPARTMENT TO CLEAR CLEAR THE PARKING SPACE OR ISSUE CITATIONS OR WHATEVER IT MAY BE WHY WE CANNOT START TODAY? YEP HAVING PEOPLE DOING ENFORCEMENT BECAUSE I GUARANTEE YOU THAT TODAY THERE ARE PEOPLE WHO WILL BE SUFFERING IN TRAFFIC BECAUSE OF THESE VERY VIOLATIONS THAT HAVE BEEN HAPPENING IN OUR CITY. AND 10 YEARS AGO, 15 YEARS AGO, THE CAMERAS DIDN'T EXIST AND IT WAS STILL BEING ENFORCED. AND I DO NOT SEE THE ENFORCEMENT HAPPENING. I’M GRATEFUL THAT YOU'RE LOOKING AT THE TECHNOLOGY. IT IS SMART. IT'S GOING TO HELP US USE OUR STAFF MORE EFFICIENTLY. BUT I’M LOOKING AT WHAT CAN BE DONE STARTING TODAY, MR. MANAGER. TO ADDRESS IT BECAUSE PEOPLE ARE SUFFERING IN THIS CONGESTION RIGHT NOW AND WE CANNOT AFFORD TO WAIT. IT IS URGENCY. COMMISSIONER MATEOS LINAS. I NEED TO KNOW WHAT WE CAN DO. I'D LIKE HIM TO RESPOND. I’M HEARING YOU LOUD AND CLEAR THAT WE NEED TO STEP UP ENFORCEMENT ACTIVITY ON BOTH THE PARKING SIDE, THE POLICE SIDE, AND CODE ENFORCEMENT. AND THAT WILL BE THE MANDATE MOVING FORWARD. SO, WAIT, I HAVE A QUESTION IN REGARDS TO THE 18-WHEELERS. MR. ATTORNEY, CAN WE CREATE A MUNICIPAL ORDINANCE WHERE 18-WHEELERS ARE NOT ALLOWED IN OUR CITY? AN OUTRIGHT BAN WOULD NOT BE CONSTITUTIONALLY PERMITTED, BUT CITIES OR MUNICIPALITIES CAN ADOPT CERTAIN RESTRICTIONS ON CERTAIN STREETS OR AREAS BECAUSE OF SAFETY CONCERNS. SO WE COULD STUDY THAT MORE CLOSELY, BUT AN OUTRIGHT BAN WOULD NOT BE ALLOWED. AND IF I COULD TAKE THIS OPPORTUNITY BECAUSE... I DIDN'T REALLY HAVE A CHANCE TO WEIGH IN EARLIER. THE COUNTY ABSOLUTELY HAS EXCLUSIVE JURISDICTION ON TRAFFIC SIGNALS. I DON'T KNOW WHETHER THERE'S ANY EXCEPTIONS FOR CHANGING FROM TRAFFIC STOP TO A LIGHT. I DON'T BELIEVE THERE IS. I DID FIND AT LEAST AN INTERAGENCY AGREEMENT WHERE EVEN THE INSTALLATION OF A SPEED TABLE REQUIRES A TRAFFIC STUDY. THAT WAS AN AGREEMENT BETWEEN THE COUNTY AND NORTH BEACH. NORTH MIAMI BEACH, SO, UM, WE CAN COME BACK AFTER WE STUDY IT MORE CLOSELY, BUT I DON'T BELIEVE THAT THE INFORMATION THAT YOU RECEIVED COMMISSIONER WAS WAS ACCURATE. I APPRECIATE THAT. CAN I CAN I CAN WE JUST WRAP THIS UP THOUGH? SO YOU'LL LOOK INTO THIS RICK AND THEN BRING IT TO THE MAY AGENDA TO REDUCE THE 18 WHEELERS IN OUR CITY IN CERTAIN. YEAH, WE'LL, WE'LL ADD AN ITEM AND WE'LL LOOK TO SEE WHAT WE CAN POSSIBLY DO AND. AND BRING SOMETHING TO TO BUILD ON THE POINTS MADE EARLIER. CAN WE GET. FOR THE MAY COMMISSION MEETING, I WANT TO KEEP THIS ON THE AGENDA AND COME BACK BECAUSE THERE ARE A LOT OF QUESTIONS THAT YOU GUYS HAVE A LOT OF HOMEWORK ON. CAN WE GET HISTORIC ENFORCEMENT DATA AND WHAT IT IS NOW AND REALLY LIKE A REALLY THOUGHTFUL ANALYSIS OF WHERE THE PROBLEMS ARE, WHAT'S CAUSING THE PROBLEMS? IS IT SMALL DELIVERY TRUCKS? IS IT 18 WHEELERS? IS IT GARBAGE TRUCKS? IS IT PEOPLE DOING ILLEGAL U-TURNS? LIKE, I WANT TO KNOW. WE WE IT'S NOT WHAT I WANT TO KNOW WE NEED TO HAVE THIS DATA GOING BACK A DECADE TO TODAY TO UNDERSTAND WHAT THE ISSUES ARE SO WE CAN BETTER MITIGATE THEM BECAUSE OTHERWISE WE'RE GOING TO SPEND YOU KNOW THROW EVERYTHING AT THE WALL THINKING ALL OF ITS GOING TO HELP AND IT PROBABLY WILL BUT LET'S DO THE MOST EFFECTIVE THING FIRST AND KEEP WORKING THROUGH THE LIST, BUT WE CAN'T DO ANY OF THAT WITHOUT THE DATA AND I WANT TO KNOW WHO'S ENFORCING WHO'S FIGHTING THE TICKETS WHO'S NOT DO WE HAVE A THING WHERE FIVE STRIKES AND YOU'RE OUT? LIKE IF YOUR DRIVER CAN'T ADHERE TO OUR LAWS IN THE CITY, GET ANOTHER DAMN DRIVER? LIKE, YOU KNOW, WHAT ARE WE DOING AND HOW DO WE QUANTIFY THAT? AND BEFORE YOU EMBARK ON THAT, ONE OTHER QUESTION TO ADD IS LATER ON TODAY, THANK YOU COMMISSIONER FERNANDEZ, WE HAVE A GREAT ITEM THAT IS GOING TO PROVIDE RESIDENTIAL RELIEF FROM TOWING ENFORCEMENT. HOWEVER, FOR THIS, WHERE IT'S COMMERCIAL AND IT'S SIGNIFICANTLY IMPACTING OUR RESIDENTIAL QUALITY OF LIFE, [01:45:01] HOW ARE YOU WORKING SPECIFICALLY WITH OUR TOOL PARTNERS FOR ENFORCEMENT? BECAUSE A COMPANY LIKE CISCO OR AMAZON, GETTING TICKETS, IT'S A COST OF DOING BUSINESS. WE NEED TEETH. HOUSE. SPECIFICALLY ARE YOU WORKING WITH OUR PARTNERS TO ENHANCE OUR ENFORCEMENT HERE? SO I'LL, TOWING COMMERCIAL VEHICLES IS A DIFFERENT STEP. LET ME TALK ABOUT THE ENFORCEMENT ASPECT. SO RIGHT NOW, I, WITHOUT HAVING THE DATA IN FRONT OF ME, I’M GOING TO GO OUT ON A LIMB AND SAY THAT WE ARE PROBABLY WRITING MORE CITATIONS TODAY THAN ANY TIME IN OUR HISTORY. I DEFINITELY KNOW THAT IS A FACTUAL STATEMENT FOR OUR RIGHT-OF-WAY VIOLATIONS. WE HAVE, FOR EXAMPLE, UPS. TALKING TO US ABOUT SETTLING FOR MORE THAN A MILLION DOLLARS FOR RIGHT-OF-WAY VIOLATIONS. SO WHILE WE ARE, YOU KNOW, I KNOW THAT THERE'S COMPARISONS OF POLICE FORCE. WE HAVE ABOUT 40 PARKING ENFORCEMENT SPECIALISTS WHEN WE ARE FULLY STAFFED. SO WE ARE NOT PERFECT, BUT I STAND BEHIND OUR STAFF'S EFFORT TO GET OUT IN THE FIELD WHEN WE SEE DEFICIENCIES. WE WILL ABSOLUTELY ADDRESS THEM. I GO OUT INTO THE FIELD UNTIL MIDNIGHT, 1AM, 2AM TO SEE OUR TEAM TO WORK BESIDE THEM. WHEN IT COMES TO THE, SO FOR EXAMPLE, WHEN WE START HITTING THESE COMMERCIAL VENUES WITH $1,000, $5,000, $10,000 VIOLATIONS, WE DO HAVE TO END UP CHANGING OUR CODE BECAUSE WE ARE USURPED BY COUNTY RULE. SO THEY'LL GO TO THE SPECIAL MAGISTRATE. THEY'LL SAY, HEY, BLAH, BLAH, BLAH, YOU KNOW, WE WANT THESE CUT DOWN. A LOT OF TIMES THERE'S A NEGOTIATION THAT WE END UP CUTTING THOSE FINES IN HALF, ETC. WHEN IT COMES TO TOWING, WE JUST TALKED ABOUT THE TRAFFIC OF THE TIME IT TAKES FOR A PARKING ENFORCEMENT SPECIALIST TO GET THERE. NOW THE PARKING ENFORCEMENT SPECIALIST GETS ON SITE, IDENTIFIES THE ISSUE, ISSUES A CITATION, THEN IMMEDIATELY GOES DIGITALLY AND CALLS FOR THE TOW VEHICLE. THEY'RE IN THAT SAME TRAFFIC THAT EVERYBODY ELSE IS. SO BY THAT POINT IN TIME, THE FEDEX TRUCK DRIVER, THE UPS DRIVER, THE AMAZON DRIVER, THEY ARE TRAINED TO STOP, GET IN, AND GET OUT. AND SO THE CHANCES OF US GETTING ON SITE, WRITING A CITATION, DOING A DIGITAL CALL, WHICH THE NEW TECHNOLOGY THAT WE ARE UTILIZING IS PHENOMENAL. BUT THEN BECAUSE OF THE SIZE OF THE VEHICLES, IT HAS TO BE A DIFFERENT CLASS TOW VEHICLE, ON CALL ALL THE TIME. SO HOW DO WE CUT OUT THAT BUREAUCRATIC STEP WHERE YOUR SPECIALISTS HAVE TO GET ON SITE, ANALYZE, AND THEN CALL, RIGHT? HOW CAN WE ESSENTIALLY HAVE THOSE ARRIVING SIMULTANEOUSLY? YOU MUST BE ABLE TO WORK WITH, YOU KNOW, AT THE END OF THE DAY, THERE ARE GOVERNMENTAL PARTNERS, RIGHT? THERE MUST BE A WAY WHERE YOU CAN WORK SIMULTANEOUSLY. I GUARANTEE YOU, IF GOVERNMENT IS SHOWING UP. WHAT I KNOW ABOUT CAPITALISM IS THEY'RE GOING TO SHOW UP JUST AS QUICK AS WE DO OR FASTER. I'LL PUT OUR TEAM UP AGAINST ANYBODY AS FAR AS SPEED, BUT AUTOMOTIVE IS POTENTIALLY A WAY THAT WE COULD INCORPORATE THAT INTO TOW BOOKS AND THEN POTENTIALLY ORDER THE TOW AUTOMATICALLY. YES. SO AUTOMOTIVE ACTUALLY HAS THAT FEATURE. BUT THAT AGAIN, THAT IS FREIGHT LOADING ZONES ONLY. AND THAT IS FOR VEHICLES. YOU KNOW, IF A FEDEX TRUCK IN A FREIGHT LOADING ZONE, THEN, HEY, EVERY DAY IS A GREAT DAY IN MIAMI BEACH. CAN WE ADD BASICALLY A MEDIAN OR PUBLIC RIGHT-OF-WAY TO THAT? AS FAR AS? WELL, WHAT WE'RE TALKING ABOUT RIGHT HERE. OH, AUTOMATICALLY. YES. WELL, SO RIGHT-OF-WAY WE USE FOR COMMERCIAL VIOLATIONS. WE, THE RIGHT-OF-WAYS ARE FOR THAT 18-WHEELER THAT'S AT THAT 63RD BEND WHERE YOU HAVE, YOU KNOW. UNNAMED HOTEL ON THE RIGHT HAND SIDE WITH UNNAMED HOTEL ON THE LEFT HAND SIDE. IF THE CAMERAS COVER ZONES TO KEEP THOSE AREAS CLEAR, SO WE WOULDN'T WRITE A RIGHT OF WAY FOR ANYBODY IN VIOLATION OF A FREIGHT LOADING ZONE, BECAUSE THEN GENERALLY THAT'S GOING TO BE A RESIDENT, A VISITOR, YOU KNOW, SOMEBODY THAT SAYS, OH, LOOK AT THAT BIG PIECE OF CURB. I’M GOING TO STOP IN FOR FIVE MINUTES. I CAN GUARANTEE YOU IF YOU WENT OUT AT SOME POINT TODAY, YOU WOULD FIND MULTIPLE COMMERCIAL VEHICLES. PARKED UP AND DOWN IN THE MIDDLE OF WEST AVENUE EVERY SINGLE DAY AND AS MANY TICKETS AS YOU WRITE AND I HAVE NOTICED AN INCREASE IN YOUR PRESENCE, WHICH I THANK YOU FOR, BUT THAT'S CLEARLY NOT ENOUGH TEETH TO CHANGE BEHAVIOR AT THIS POINT. SO HOW DO WE? TAKE THAT ONE STEP FURTHER AND SAY, YOU KNOW WHAT, YOU'RE NOT JUST GOING TO TAKE THESE TICKETS AS A COST OF DOING BUSINESS. NOW, AMAZON, YOU'VE BEEN PARKED IN THIS PUBLIC RIGHT OF WAY THAT IS A PUBLIC SAFETY. SOMEBODY IS GOING TO GET HIT AND KILLED. AND I SAY IT EVERY SINGLE [01:50:01] MEETING. I'LL SEND YOU VIDEOS. IF I NEED TO SEND THEM EVERY DAY, I WILL DO THAT. RIGHT? HOW CAN WE SIT THERE AND SAY, YOU KNOW WHAT, AMAZON, YOUR TRUCK IS NOW GOING TO GET TOWED? CAN I BUILD ON THAT AS POSSIBLE? WHAT ABOUT, I MEAN, IN NEW YORK AND BOSTON, PEOPLE BOOT CARS AND TRUCKS ALL THE TIME. IT'S VERY QUICK. THE TRUCK IS INCAPACITATED. IT WILL HAVE TO BE NEGOTIATED, NOT LITERALLY NEGOTIATED, BUT IT WILL HAVE TO BE HANDLED BETWEEN THE OPERATOR AND THE ENFORCING BODY, AND IT DOESN'T BLOCK TRAFFIC ADDITIONALLY. IT DOESN'T REMOVE IT, BUT IT DOESN'T BLOCK IT. THE SAME WAY. ARE WE PREEMPTED FROM USING BOOTS? COMMISSIONER, YOU DON'T WANT TO BOOT UP A VEHICLE THAT'S BLOCKING THE LIGHT. NO, BUT IT'S FASTER. NO, NO, NO. I’M JUST SAYING IT'S FASTER THAN GETTING A TOW TRUCK, RIGHT? BECAUSE THEN AN OFFICER CAN GO. THE VEHICLE CAN'T LEAVE UNTIL THE OFFICER HAS WRITTEN THE TICKET OR WHATEVER, DONE THE ENFORCEMENT PART, AND THEN IT GOES. BUT IT'S FASTER THAN HAVING A SPECIAL... GIANT TRUCK COMING AND MOVING IT BECAUSE THEN YOU JUST TAKE THE BOOT OFF AND THEY DRIVE AWAY. I THINK, IF I CAN JUST INTERJECT HERE, AND NO PUN INTENDED, BUT WHEN THERE'S A WILL, THERE'S A WAY. AND THERE'S A WILL HERE. THERE IS A WILL HERE. THAT PUN WASN'T INTENDED. AND ALSO, IT WAS REALLY GOOD. AND BY THE WAY, YOU'RE HAVING A FUN TIME BY GOING OUT AT 1 O'CLOCK AT NIGHT TO LOOK AT TRAFFIC ENFORCEMENT. GOD BLESS. ALL THAT I KNOW IS THAT OUR RESIDENTS SNEEZE. AND THEY'RE GETTING TICKETED AND TOWED LIKE ALMOST LIKE IMMEDIATELY. IF IT'S WORKING TO GO AFTER THE RESIDENTS AND THE TAXPAYERS OF THE CITY OF MIAMI BEACH, I EXPECT FOR IT TO WORK EVEN BETTER WHEN IT COMES TO THE ENFORCEMENT ON THESE COMMERCIAL TRUCKS. THEY'RE COMMERCIALIZING AND PROFITING FROM OUR COMMUNITY, AND THEY'RE DESTROYING THE QUALITY OF LIFE. OF OUR RESIDENTS. WE'VE FOCUSED SO MUCH ON GOING AFTER A RESIDENT THAT PARKS ON A YELLOW CURB. WE'VE GONE SO MUCH TO FOCUS ON A RESIDENT THAT PARKED ON ZONE TWO INSTEAD OF ZONE ONE, OR THESE MINOR THINGS. LET'S PUT ALL OF OUR RESOURCES AND ALL OF OUR EFFORT INTO DOING WHAT WE CAN TODAY JUST TO SOLVE THIS ISSUE THAT IS DESTROYING PEOPLE'S ABILITY TO NAVIGATE OUR CITY. SO WHAT WE CAN DO, AND THE ENTIRE COMMISSION CAN HAVE MY DEDICATION, WE CAN PUT OUT STARTING AT 7 O'CLOCK IN THE MORNING THAT WE WILL BEGIN THE ENFORCEMENT OF TOWING COMMERCIAL VEHICLES AND GO AHEAD AND START CALLING THOSE VEHICLES AS EARLY AS 7 A.M. YOU HAVE MY SUPPORT FOR THAT. YOU COULD PARK TOMORROW AT THE PARKLET ON 10TH AND WEST AVENUE. AND YOU'LL HAVE 10 COMMERCIAL VEHICLES BY 1 P.M., RIGHT? AND THAT IS WHEN THEY LEARN. THAT IS WHEN THEY LEARN. AND THE DECOPLAGE AND THE RITZ DISASTER, WHICH I THINK ALMOST EVERYBODY ON THIS DAY HAS HAD SOME HAND IN TRYING TO RESOLVE THAT. THAT IS AN UNMITIGATED DISASTER ALL THE TIME. THE BIGGEST CHALLENGE RIGHT THERE, I WILL BE EXTREMELY HAPPY WHEN THAT CONSTRUCTION IS OVER SO WE CAN GET BACK OUR OTHER FREIGHT LOADING ZONE OVER THERE. AND THROUGH THE VICE CHAIR. IF IT'S POSSIBLE, WE HAVE A MEMBER OF THE TOWING COMPANY, MR. ANDRADE. I DON'T KNOW IF YOU WANT TO COME UP AND GIVE SOME INSIGHT INTO WHAT, YOU KNOW, HOW THE TOWING COMPANY CAN HELP ALLEVIATE SOME OF THE PROBLEMS. I MEAN, I DON'T KNOW IF YOU HAVE ALSO AN OUTSIDE PERSPECTIVE ON WHAT YOU WANT TO, WHAT COULD BE BENEFICIAL FOR US. SO THROUGH THE VICE MAYOR, I'D LIKE TO, I’M NOT SURE IF WE'RE. STILL ON THIS ITEM OF WHERE WE'VE TRANSITIONED TO R9AH, BECAUSE I KNOW AT SOME POINT WE SAID WE WERE GOING TO CALL THEM TOGETHER, BECAUSE I DO WANT TO CIRCLE BACK TO NORTH BEACH ABOUT PARKING ENFORCEMENT, BECAUSE I PRESENTED AT A NEIGHBORHOOD ORGANIZATION IN NORTH BEACH LAST WEEK, AND I KNOW THAT THERE WAS A PARKING TOWN HALL THAT MY AIDE ATTENDED, AND THEY HAVE SOME SERIOUS CONCERNS ABOUT ENFORCEMENT IN NORTH BEACH. AND I STAND BEHIND WHAT WE'RE TRANSITIONING TO WITH NOT TOWING RESIDENTS, BUT I ALSO RESPECT... TO THE FACT THAT THERE ARE SOME RESIDENTS IN NORTH BEACH THAT DO WANT PARKING ENFORCEMENT AND TOWING. SO BEFORE WE GET TO THAT POINT, I JUST WANT TO SAY THAT, YOU KNOW, CAN WE HAVE SOME MORE ENFORCEMENT? DO YOU HAVE NUMBERS, WILL, OF WHAT ENFORCEMENT LOOKS LIKE IN SOUTH BEACH VERSUS NORTH BEACH IN TERMS OF BOTH ENFORCEMENT TICKETS AND TOWING? BECAUSE NORTH BEACH DOES NOT FEEL LIKE ENFORCEMENT HAPPENS UP THERE. AND, YOU KNOW, PERCEPTION, RIGHT? I DON'T, DATA IS DATA, BUT... I HAD A WOMAN APPROACH ME THAT SAID THERE'S BEEN AN ABANDONED CAR IN FRONT OF HER BUILDING. I DO WANT TO SEE. I DON'T WANT THE NORTH BEACH [01:55:01] RESIDENTS TO FEEL IGNORED UP THERE. AS WE TRANSITION INTO NO MORE RESIDENTIAL TOWING, I WANT TO MAKE SURE THAT THESE PEOPLE FEEL HEARD AND LET'S TOW BEFORE THAT KICKS INTO EFFECT. I KNOW IT SOUNDS CRAZY AND CRUEL, BUT THAT'S WHAT THESE PEOPLE WANT. AT LEAST THEY TOLD ME THEY DON'T SEE THE ENFORCEMENT OR THE TOWING IN THE RESIDENTIAL ZONES, WHICH IS NEW. AND I KNOW WE DID A PROCESS WHERE IT WAS, I THINK THE FIRST YEAR WE DIDN'T TICKET. IT WAS JUST, YOU KNOW, WARNINGS BECAUSE IT WAS THE ZONES WERE NEW AND THAT'S STILL IN TRANSITION AND WE'RE WORKING OUT THE KINKS STILL. BUT THEY DID SAY THAT THEY WANTED THAT ENFORCEMENT AND TOWING IN NORTH BEACH. SO BEFORE OUR ITEM, WHICH I STAND BEHIND, COMES TO NEIGHBORHOODS, CAN WE INCREASE THAT A LITTLE BIT? WELL, AND I JUST WANT TO BUILD UPON THAT BECAUSE, YOU KNOW, ONE OF THE KEY THINGS IS, YOU KNOW, TICKETING. YOU KNOW, IT'S $36 PER. PER VIOLATION. AND THE PEOPLE WHO ARE DOING THIS REPEATEDLY, THEY CAN GET TICKETED. AND ONE OF THE GREAT RECOMMENDATIONS THAT MBU PUT FORWARD IS THAT IF THE PERSON IS STILL THERE AFTER 24 HOURS, YOU KNOW, IF IT'S AN ABANDONED VEHICLE THERE, YOU KNOW, ABSOLUTELY, YOU KNOW, THEY SHOULD ABSOLUTELY GET TOWED. SO, YOU KNOW, THERE'S WAYS TO ENFORCE THAT DOESN'T NECESSARILY START. WITH TOWING A RESIDENCE. AND TO BUILD ON THAT, JUST REALLY SUPER FAST, THE NORTH BEACH CRA PAYS FOR ENHANCED CODE ENFORCEMENT, I THINK, BUT DEFINITELY ENHANCED POLICE. HEATHER, I DON'T KNOW, IS HEATHER HERE OR STEPHEN? BUT ANYHOW, THERE'S MONEY TO BE SPENT, BOTH. OKAY, SO THERE IS MONEY AVAILABLE SPECIFICALLY FOR THIS FUNCTION IN THE NORTH BEACH CRA, AND IF THAT'S WHAT IT NEEDS, TO HIRE MORE. CODE OFF PARKING ENFORCEMENT PEOPLE TO WORK IN THE CRA DISTRICT THAT'S WHAT THE MONEY IS THERE FOR. OKAY SO DOES THE CITY HAVE WHAT YOU NEED IN ORDER FOR US TO MOVE ON FROM THIS ITEM? SO I'D LIKE TO POINT OUT ONE THING ABOUT NORTH BEACH AND I SAY THIS ABOUT ALL OF OUR RESIDENTIAL ZONES BECAUSE I UNDERSTAND WE TALK ABOUT ENFORCEMENT. I’M GONNA USE PARKVIEW ISLAND. PARKVIEW ISLAND HAS 450 PERMITS ASSIGNED. THERE IS 112 CITY PARKING SPACES ON PARKVIEW ISLAND. SO THIS IS NOT A PROBLEM THAT MIAMI BEACH CAN ENFORCE OR TOW ITS WAY UP. BUT THAT'S ALSO BECAUSE OF THE BUILDING THERE. WELL, YOU'RE RIGHT. WE GIVE PERMITS TO THAT BUILDING. WELL, WHY? WE SHOULD... WE'RE WORKING ON THAT. THESE ARE THINGS THAT WE HAVE TO TAKE A GREATER LOOK AT, AT EVERY ONE OF OUR RESIDENTIAL ZONES, AND SAY, WHEN WE NOW LOOK AT PERMITS, IF YOU HAVE OFF-STREET PARKING IN YOUR BUILDING, WE CANNOT MAKE YOU ELIGIBLE FOR A PERMIT MUCH LIKE WE DID WITH THE NEWER DEVELOPMENT IN 72ND THAT ALL OF THOSE LARGER BUILDINGS DON'T GET RESIDENTIAL PARKING. WE NOW HAVE TO START COMING BACK AND PROBABLY TAKING AWAY BECAUSE WE HAVE A PLACE WHERE WE'VE GIVEN AWAY 450 HUNTING PERMITS AND PROBABLY THE MOST CONGESTED PLACE IN NORTH BEACH WITH YOU KNOW A HOPE AND A PRAYER OF FINDING A SPACE. SO POINT OF ORDER, JUST LIKE WHAT THAT'S COMMISSIONER DOING IS WANTS TO KIND OF BRING IT ALL INTO ORDER, WHICH IS SMART BECAUSE WE WENT FROM TRAFFIC AND SEMI TRUCKS AND NOW WE'RE KIND OF BLENDING INTO NORTH BEACH, THE R9AH. SO BEFORE WE GET INTO THE R9AH WHERE WE DISCUSS PARKING, I'D LIKE TO CLOSE OUT THE LAST ITEM WE WERE TALKING ABOUT. THE LAST THING I JUST WANTED TO HAVE MY COLLEAGUES KIND OF. LISTENING ON IS SOMEONE FROM THE TOWING COMPANY WHERE MAYBE YOU CAN GIVE US A LITTLE BIT MORE INSIGHT INTO HOW CAN WE BETTER ENFORCE THESE DELIVERY TRUCKS. SURE. AND THEN, YOU KNOW, TAKE IT AWAY, RALPH. MY PLEASURE. GOOD AFTERNOON, MAYOR, COMMISSIONER, CITY MANAGER, WILL, RALPH ANDRADE HERE. AND LOOK, I’M AN ATTORNEY FOR THE TOWING COMPANIES. BUT MY BACKGROUND FOR OVER 35 YEARS. I’VE WORKED EVERY ASPECT OF PARKING, PARKING ENFORCEMENT, REPOSSESSING VEHICLES, VALET, YOU KNOW IT. SO I’M NOT JUST SPEAKING AS A LOBBYIST. FRANKLY, NOT THAT IT'S A BIG DEAL, BUT I CONSIDER MYSELF AN EXPERT IN THIS AREA. SO JUST THERE'S A LOT OF MOVING PARTS. AND JUST TO FOCUS IN ON THE AREAS THAT I THINK CONTRIBUTE THE MOST TO THE TRAFFIC DELAYS THAT YOU EXPERIENCE ON YOUR STREETS, YOUR CHOKE POINTS, WASHINGTON COLUMNS, ET CETERA. AND IT'S THE DELIVERY TRUCKS, AND THE REASON THEY'RE DOUBLE PARKING IS BECAUSE VEHICLES ARE PARKING ILLEGALLY IN THE FREIGHT LOADING ZONES. SO WHEN THE DELIVERY TRUCK SHOWS UP, IT'S ILLEGALLY PARKED VEHICLES THERE, SO THEY HAVE TO DOUBLE PARK. THAT'S WHAT CREATES THE PROBLEM. WITH RESPECT TO AUTOMOTIVES, IT CAN EASILY INTEGRATE WITH TOW BOOK AND SIMULTANEOUSLY ALERT THE PARKING OFFICER. AS WELL AS THE TOW COMPANIES FOR EFFICIENCY PURPOSES SO THAT EVERYONE BASICALLY SHOWS UP AT THE SAME TIME. YOU DON'T WAIT A HALF HOUR FOR THE OFFICER TO SHOW UP. YOU DON'T WAIT A HALF HOUR [02:00:02] AFTER THAT FOR THE TOW COMPANY TO SHOW UP. NOW AN HOUR HAS PASSED AND NO ENFORCEMENT HAS OCCURRED. WHAT NEEDS TO HAPPEN FOR THAT TO HAPPEN? THE CITY JUST NEEDS TO MAKE SURE THAT WE'RE GETTING ALERTED SIMULTANEOUSLY WITH THE PARKING OFFICER. AND WE HAVE THE CAPABILITY TO DO THAT, WILL? WE HAVEN'T JUMPED INTO THE BACK END OF AUTOMOTIVE YET, BUT YES, FROM OUR UNDERSTANDING, THAT IS ABSOLUTELY A CAPABILITY. WE'RE STARTING THAT. LET'S IMPLEMENT THAT. SO THAT'S ONE ASPECT. THE OTHER ASPECT IS, AND MR. MAYOR, YOU HAD AN ITEM ON A COUPLE OF YEARS AGO REGARDING FREIGHT LOADING ZONE. I LOOKED IT UP. IT WAS IN 2022. WHEN YOUR FREIGHT LOADING ZONE PROGRAM WORKED BEST AND THE STREETS WERE FREE AND CLEAR OF THIS CHAOS WAS AROUND 2015 TO 2018. WHEN THE PARKING DEPARTMENT USED TO GIVE FUNDS TO THE POLICE DEPARTMENT SO THAT THE MOTORMEN CAN WORK OVERTIME AND HELP THEM ENFORCE THE FREIGHT LOADING ZONES. I THINK MAYOR PHIL LEVINE WAS ALSO PERSONALLY ENFORCING DURING THAT TIME. THAT'S RIGHT. HE WAS JUMPING INTO TRUCKS. SO, LOOK, THE PARKING DEPARTMENT HAS A LOT OF DIFFERENT RESPONSIBILITIES. SO YOU'RE TELLING ME THAT THE POLICE DEPARTMENT CAN ALSO ENFORCE PARKING? YES, AND THEY USED TO, AND IT WAS A VERY SUCCESSFUL PROGRAM, AND THAT'S DISCONTINUED AS OF THIS TIME. AND, HANG ON ONE QUICK SECOND, HOLD THAT THOUGHT. BUT LET'S NOT FORGET, 2015 TO 2018, DELIVERY RETAIL SALES AS A PERCENTAGE OF DELIVERY TRUCKS VERSUS WHAT IT IS NOW IN 2026, I DON'T KNOW WHAT THAT DATA IS, BUT I KNOW FOR SURE THAT IT WAS INFINITESIMAL COMPARED TO NOW. LIKE, ALMOST NOBODY GOES TO A MALL TO DO ERRANDS OR TO BUY CLOTHES. IT'S ALL DELIVERY. THE SMALLEST THING. SO THAT, WHEN WE'RE COMPILING OUR DATA, THAT ALSO NEEDS TO BE FACTORED IN BECAUSE TO COMPARE IT JUST PURELY BASED ON THE PROGRAM THAT EXISTED DOES NOT TAKE INTO ACCOUNT THE UNDERLYING CONDITIONS. SO WE NEED TO FACTOR INTO THAT TO FIGURE OUT WHAT ELSE WE NEED TO DO. WHICH IS ALL THE MORE REASON WHY THE PARKING DEPARTMENT NEEDS A SUPPLEMENTAL FORCE. WHAT THEY HAVE ISN'T SUFFICIENT. IT'S JUST NOT. AND SO TO THE EXTENT YOU ALL WANT TO CONSIDER. YOU KNOW, RE-IMPLEMENTING, YOU KNOW, THE FREIGHT LOADING ZONES BEING ALSO BEING IN FOR AND COMMERCIAL LOADING ZONES, WHICH IS A WHOLE OTHER CONVERSATION THAT GO ENTIRELY UNENFORCED CITYWIDE FOR A DIFFERENT REASON. YOU KNOW, THAT MAY BE SOMETHING YOU COULD YOUR CHIEF MAY BE INTERESTED IN DOING OR YOU CAN DISCUSS WITH HIM. BUT IF THE PARKING DEPARTMENT GOT SOME AIR SUPPORT FROM POLICE OR SOME OTHER ENTITY, YOU KNOW, WITHIN THE CITY, IT WOULD BE TREMENDOUSLY HELPFUL BECAUSE PARKING JUST DOESN'T HAVE ENOUGH STAFF. SO I WOULD LIKE TO PUT OUT TO MY COLLEAGUES BECAUSE WE COULD SPEND THE REST OF THE DAY TALKING ABOUT THIS AND THAT WOULD PROBABLY BE TIME VERY WELL SERVED BUT THAT DOES NOT SERVE THE AGENDA I WOULD LIKE TO RECOMMEND THAT WE SCHEDULE A SUNSHINE MEETING AND CONTINUE THIS CONVERSATION BECAUSE WE HAVE THROWN OUT A BUNCH OF POINTS AND THERE'S A LOT OF INFORMATION THAT NEEDS TO COME BACK AND SO WE COULD EITHER DO IT AT THE NEXT MEETING IN MAY BUT THEN WE'LL SPEND ANOTHER TWO OR THREE HOURS HAVING THE FOLLOW-UP FROM THIS CONVERSATION AND I DON'T WANT TO TAKE AWAY FROM THE OTHER YOU 2,000 PAGES, OR WHATEVER IT IS, 1,200, 02,000 PAGES OF AGENDA ITEMS THAT WE HAVE. SO I DON'T KNOW IF MY COLLEAGUES ARE WILLING TO DO THAT. I’M NOT SUGGESTING WE DROP THIS CONVERSATION. I JUST SUGGEST WE MOVE IT TO A DIFFERENT VENUE SO THAT WE CAN GET THROUGH THE FOUR BOOKS WE HAVE IN FRONT OF US. WOULD MY COLLEAGUES BE SUPPORTIVE OF THAT? AND THEN KEEP THIS ON THE AGENDA FOR NEXT MONTH. YES. HOWEVER, I DO WANT TO I SAW YOU KIND OF SHAKING YOUR HEAD. I WANT TO BE SURE THAT WE'RE ALL ON THE SAME PAGE AND IF THERE'S THINGS WE'RE NOT ON THE SAME PAGE ABOUT AND THEN I THINK WE MOVE THAT ON BUT YOU CLEARLY WERE SIGNALING SOMETHING. I DON'T KNOW WHAT IT WAS. SO I WHILE I ABSOLUTELY LOVE ANY SUPPORT WITHIN THE CITY WHEN I I UNDERSTAND THAT WE AS A CITY ARE ALWAYS TRYING TO DO THINGS IN THE MOST FINANCIALLY EFFICIENT MANNER AND IF THERE IS A DESIRE TO PUT MORE INDIVIDUALS ON THE ROAD THAT CAN ENFORCE PARKING. I FEEL AN OVERTIME TO A MOTORMAN WOULD BE VERY EXPENSIVE COMPARED TO INCREASING FIVE, SIX, SEVEN, EIGHT PARKING ENFORCEMENT SPECIALISTS. SO WHEN WE TALK ABOUT EXPANDING OUR ABILITY TO ENFORCE TEAM MEMBERS, I ALMOST WOULD NOT UNDERSTAND WHY WE WOULD THEN SAY WE ARE GOING TO SPEND CITY FUNDS TO SPEND OVERTIME MONEY RATHER THAN JUST BRING IN TEAM MEMBERS WHOSE SOLE FOCUS IS TO DO THOSE THINGS. WHY COULDN'T WE DO SOMETHING LIKE IF WE REALLY WANT TO HAVE SOLE DEDICATION OF ENFORCING OUR FREIGHT TOWING ZONES AND OUR MEDIANS AND PUBLIC RIGHTS OF WAY, AND WE'RE GOING TO USE THAT, WHAT IS IT, THE TOW ALERT OR TOW MOBILE? WHY CAN'T WE ASK FOR FUNDING THAT COMES FROM OUR PARTNERS? 100%. THEY'RE GOING TO MAKE MONEY OFF OF IT. RIGHT. BUT IT DOESN'T PROVIDE THAT SAME INCENTIVE THAT THEY'RE OUT DOING IT, RIGHT? [02:05:01] THEY'RE JUST FUNDING A DEDICATED CITY PARKING RESOURCE THAT'S JUST GOING TO GO OUT AND FOCUS SOLELY ON THE FREIGHT AREAS. IN A MATTER OF FACT, JUST TO BUILD UPON THAT, AND I DON'T KNOW IF THIS IS POSSIBLE OR NOT, I MEAN, I’M GOING TO GO OUT HERE AND JUST THROW THIS OUT THERE. OUR PROBLEM IS SO BAD AND IT'S AFFECTING TRAFFIC SO BADLY AND PUBLIC SAFETY IN ADDITION TO QUALITY OF LIFE. BUT IN THIS CASE, THE PUBLIC SAFETY ISSUE IS SO BAD WITH THIS. YOU KNOW, HOW DO WE GET MORE EFFICIENT SUPPORT FROM THE OUTSIDE TO ENFORCE THE FREIGHT LOADING ZONES? YOU KNOW, CAN WE CAN WE GET SUPPORT? YOU KNOW, THEY'RE MAKING MONEY OFF OF OFF OF OFF OF ENFORCEMENT OF THE FREIGHT LOADING ZONES. CAN YOU GUYS AND THE PRIVATE SECTOR HELP US AND SUPPLEMENT US IN ADDITION TO WHAT THE TOWING COMPANY IS? WE HAVE A DEDICATED RESOURCE JUST TO GO OUT AND POLICE THE FREIGHT LOADING ZONES. THE TOW COMPANIES ARE HERE TO SERVE THE CITY'S NEEDS. IF THAT'S SOMETHING YOU ALL WANT TO HAVE A CONVERSATION ABOUT AND EXPLORE, WE'RE MORE THAN HAPPY TO DO THAT. AND I WOULD REMIND YOU THAT UNDER FLORIDA LAW, AND BY THE WAY, THIS IS LEGISLATION THAT I PASSED FOR THE BENEFIT OF THE CITY IN AROUND 2020. UNDER FLORIDA LAW, THE CITY CAN RECOUP OR CHARGE, IMPOSE AN ADMINISTRATIVE FEE IN THE AMOUNT OF 25% ON THE CONSUMER TO RECOVER ITS COST OF PARKING ENFORCEMENT. RIGHT NOW, THE CITY CHARGES $33. WITH THAT 25% FORMULA, YOU CAN CHARGE UP TO $68. SO YOU'RE LEAVING WHATEVER THAT IS, $35 ON THE TABLE THAT WE CAN LAWFULLY IMPOSE ON THE CONSUMER SO THAT YOU CAN HIRE MORE PERSONNEL, WHETHER IT'S POLICE OFFICERS OR... THE PARKING OFFICERS, BUT IT'S A SELF-FUNDING MECHANISM. WE'LL HAVE NO FISCAL IMPACT ON THE CITY. OR IF, LIKE YOU'RE SUGGESTING, YOU WANT SOME EXTERNAL PRIVATE SUPPLEMENTAL HELP, SORT OF LIKE WITH THE SECURITY COMPANIES, RIGHT, WHERE THE POLICE DEPARTMENT HIRES OUTSIDE SECURITY TO HELP, WE'RE MORE THAN HAPPY TO DO THAT. WE'RE HERE TO HELP THE CITY ALLEVIATE THE TRAFFIC CONDITIONS THAT EXIST. AND HOWEVER WE CAN DO THAT, WE'RE HERE TO HELP. BUT THE LOWEST HANGING FRUIT RIGHT NOW, ASIDE FROM HIRING MORE PARKING ATTENDANTS, CHIEF, IS IT POSSIBLE, LIKE TOMORROW, THAT YOU CAN START, AT LEAST ON SOME OF THE WORST HOT SPOTS IN MIAMI BEACH, BECAUSE WE HAVE PROBLEMS RIGHT NOW, LITERALLY AS WE SPEAK PROBABLY, WHERE MOTORMEN CAN GO OUT AND ENFORCE LOADING ZONES, FOR EXAMPLE. COMMISSIONER SHERRATT SAYS YES AMONG THE MYRIAD OF RESPONSIBILITIES AND PRIORITIES MOTOR DEPARTMENT MOTOR OFFICERS DEAL WITH THEIR DAILY BASIS I’M SURE WE CAN FIND A WAY TO LEND SUPPORT AS WE HAVE IN THE PAST TO THE PARKING DEPARTMENT BILL WAS CORRECT IT'S VERY EXPENSIVE TO HIRE ON OVERTIME BASIS AND MOTORMAN IS FAR MORE COST-EFFECTIVE QUITE FRANKLY TO HIRE HIS OWN PEOPLE PARKING ENFORCEMENT SPECIALIST YEAH BUT LIKE JUST YOU KNOW JUST SPITBALLING YOU KNOW DURING THE DAY FOR EXAMPLE, LIKE 9 TO 5 OR EVEN A LITTLE BIT EARLIER, WE HAVE, YOU KNOW, THIS IS GOING ON THROUGHOUT THE DAY. I DON'T KNOW WHY IT WOULD NEED TO BE OVERTIME WHERE WE'RE PAYING OFFICERS TO DO, YOU KNOW, SOMETHING THAT THE CITY NEEDS. YOU KNOW, I THINK AT LIKE, YOU KNOW, 2 O'CLOCK, THE MOTORMEN AREN'T NECESSARILY DOING SPEED DETECTION. THEY CAN WORK ON THE... ENFORCING THE LOADING SO WHY DOES IT NEED TO BE OVERTIME? WELL IT'S BEEN BOTH RIGHT THE PROGRAM THAT RALPH REFERRED TO THOSE IN MONUMENT COMING IN EARLY IN THE MORNING TO ADDRESS THE THE FREIGHT LOADING ZONES AND THAT'S WHERE WE'RE HAVING THE MOST PROBLEMS BACK IN 2015 2016 SO THOSE IN MONUMENT COMING IN EARLY PRIOR TO THEIR SHIFTS ADDRESS FREIGHT LOADING ZOOMS WRITE A LOT OF CITATIONS TO PEOPLE, MANY OF THEM RESIDENTS, AND TO A LOT OF CARS, MANY OF THEM RESIDENTS. AND IT WAS EFFECTIVE, BUT COSTLY. SO COULD WE, THE TRAFFIC SAFETY SPECIALISTS WHO ARE IN THE INTERSECTIONS AT 41ST STREET, FOR INSTANCE, AT RUSH HOUR, ARE THEY PERMITTED BY THE STATE WITH THEIR JOB DESCRIPTION TO WRITE TICKETS? THEY ARE. SO WHAT ARE THEY DOING WHEN THEY'RE NOT DEALING WITH RUSH HOUR TRAFFIC JAMS? AND CAN WE DEPLOY THEM FOR THIS PURPOSE? YEAH, TYPICALLY RESPONDING TO NON-EMERGENCY CALLS TO SERVICE THAT REQUIRE A REPORT TO BE WRITTEN, LIKE TRAFFIC ACCIDENTS OR INJURIES THAT REQUIRE A REPORT TO BE WRITTEN, A BURGLARY TO AN APARTMENT OR A HOUSE THAT REQUIRE A REPORT WRITTEN, THAT'S WHAT THEY'RE TYPICALLY DOING. THEY TOO, BY THE WAY, CAN WORK IN OVERTIME TO ENFORCE THE FREIGHT LOADING ZONE. WHAT HAS TO HAPPEN FOR TOW TO BE IMPLEMENTED FOR SOME OF THIS PARKING IN A PUBLIC RIGHT-OF-WAY OR A FREIGHT [02:10:02] LOADING ZONE? CAN WE IMPLEMENT SOME SORT OF SEE SOMETHING, SAY SOMETHING, WHERE AN OFFICER IS JUST ON THEIR NORMAL PATROL AND HE'S GOING DOWN WEST AVENUE AND HE SEES AMAZON PARKED IN THE MEDIAN, RIGHT? WE DON'T WANT THEM SPENDING TIME GETTING OUT, WRITING TRAFFIC TICKETS, GETTING IN DISCUSSIONS BACK AND FORTH. BUT IS THAT ADEQUATE IF THAT OFFICER SEES SOMETHING THAT THEY COULD TOW, THAT THEY CALL OUR EXTERNAL PARTNERS, AND THAT'S ENOUGH TO SUMMON THEM TO COME OUT AND MAKE A VALID TOW? YEAH. IN FACT, WHEN WE DID HAVE THE FREIGHT LOADING ZOO PROGRAM, IT WAS REALLY A COMPREHENSIVE EFFORT BY THE ENTIRE POLICE DEPARTMENT. OFFICERS WERE CHARGED AND DIRECTED TO DO WHAT YOU JUST SAID, BUT NOT ONLY JUST TO SEE SOMETHING, SAY SOMETHING, BUT ALSO TIME PERMITTING THEY'RE NOT ON CALL FOR SERVICE, NOT IN ROUTE TO CALL FOR SERVICE. GET OUT OF THE CAR AND ENFORCE THE PARKING VIOLATION. I JUST, YOU KNOW, I THINK THAT'S GREAT. I ALSO WANT TO BE MINDFUL OF EVERYTHING THAT WE PUT ON OUR POLICE DEPARTMENT. I FIRST NEED TO SEE, FROM MY PERSPECTIVE AT LEAST, THAT OUR PARKING DEPARTMENT IS REALLY STEPPING UP ITS GAME. YEAH, I WOULD LOVE TO START SEEING A WEEKLY REPORT. ON FREIGHT LOADING ZONES, SO THAT, OKAY, ONCE WE SEE THEY'RE STEPPING UP THEIR GAME AND WE'RE SEEING, OKAY, THIS IS REALLY BEING TAKEN SERIOUSLY, BUT YET IT'S STILL NOT SUFFICIENT, THEN AT THAT POINT GOING AND SEEING, OKAY, WHAT SUPPORT CAN THE POLICE DEPARTMENT GIVE US IN THIS EFFORT? IF YOU'RE TELLING ME AS THEY GO ABOUT THEIR DAY AND THEY'RE DRIVING BY, YOU KNOW, AND THEY SAY, OKAY, YOU KNOW, THERE'S A TRUCK BLOCKING THE PUBLIC RIGHT-OF-WAY. THAT THEY CAN CALL THAT IN, I THINK THAT'S GREAT, AND THEY SHOULD BE TRAINED TO DO THAT. BUT I DON'T WANT THIS TO BECOME THEIR JOB RIGHT NOW. WE HAVE A PARKING DEPARTMENT. THIS IS THE RESPONSIBILITY OF THE PARKING DEPARTMENT. WE NEED THE PARKING DEPARTMENT TO TAKE THIS ON SERIOUSLY. IF THE TOWING COMPANIES WHO MAKE MONEY OFF OF THIS CAN SUPPORT IN THIS EFFORT AS WELL, THEN IT'S TO THE BENEFIT. OF THE RESIDENTS OF OUR CITY WHO ARE SITTING IN TRAFFIC AND WE DON'T TAKE AWAY MORE RESOURCES AND REDIRECT RESOURCES FROM AN ALREADY OVERTOLD POLICE DEPARTMENT. BECAUSE WE PUSH OUR POLICE DEPARTMENT IN EVERY DIRECTION. FROM TRAFFIC ENFORCEMENT TO TRAFFIC MANAGEMENT TO HOMELESS MANAGEMENT TO OUR WATERWAYS TO THE PARKS TO ENFORCING MARIJUANA AND OPEN CONTAINERS AND ABSOLUTELY EVERYTHING. WE HAVE TO BE VERY MINDFUL THAT WE'RE CONSTANTLY, EVERY DAY WE'RE SENDING OUR POLICE DEPARTMENTS ON NEW MISSIONS, MUFFLERS, BICYCLE GANGS, HIGH-IMPACT WEEKENDS, SPECIAL EVENTS, EVERYTHING. WE THROW IT ON OUR COPS, AND THEY'RE GOING IN DIFFERENT DIRECTIONS. THERE IS ONLY ONE SOLE PURPOSE FOR THE PARKING DEPARTMENT. THE PARKING DEPARTMENT ISN'T DOING HOMELESS ENFORCEMENT. THE PARKING DEPARTMENT ISN'T DOING BICYCLE GANG ENFORCEMENT. THEY'RE NOT DOING MARINE PATROL ENFORCEMENT. OR NOT. DOING TRAFFIC ENFORCEMENT. THIS IS THE ONE JOB OF THE PARKING DEPARTMENT. AND I WANT TO SEE THEM DO THIS JOB EXTREMELY WELL. I HAVE A QUESTION. AND ONCE I SEE THAT, ONCE I SEE, AND I WANT TO SEE, AND I DON'T KNOW IF YOU GUYS AGREE, BUT WEEKLY METRICS, WEEKLY METRICS SO THAT WE SEE, OKAY, ARE WE REALLY TAKING THIS SERIOUSLY? AND ONCE WE SHOW THAT WE'VE HAD IMPROVEMENTS, THEN... AND THEY STILL NEED MORE SUPPORT? WELL THEN, YOU KNOW, START TAPPING INTO OUR OTHER RESOURCES. COMMISSIONER BOTT. WILL, ARE YOU FULLY STAFFED IN YOUR PARKING ENFORCEMENT? VERY CLOSE. WE JUST HIRED A NEW, I THINK I WANT TO SAY ABOUT EIGHT OR NINE PEOPLE INTO OUR PART-TIME ROLE. WE THEN PROMOTED, I BELIEVE, FIVE OF OUR PART-TIMERS INTO A FULL-TIME ROLE. SO I BELIEVE WE HAD SOME OF THE PART-TIMERS DROP OUT, WHICH, YOU KNOW, HAPPENS WHEN PEOPLE GET HIRED. SO I FEEL RIGHT NOW WE ARE ABOUT ONE OR TWO FULL-TIMERS SHY OF BEING FULLY STAFFED AND MAYBE ABOUT TWO PART-TIMERS, BUT WE ARE ACTIVELY GOING THROUGH INTERVIEWS. HOW, ONCE YOU ARE FULLY STAFFED, WILL THAT BE SUFFICIENT? SO I, THIS IS WHERE I SAY IT DEPENDS ON WHAT GOOD LOOKS LIKE. AND SO, UM, ONE OF THE THINGS THAT COMMISSIONER FERNANDEZ TALKS ABOUT IS METRICS, AND I ABSOLUTELY LOVE NUMBERS. I LIVE IN THE NUMBERS. AND SO WHEN WE LOOK AT CERTAIN THINGS THAT WE'RE DOING, WE SEE A DECREASE IN CERTAIN AREAS. AND I'LL USE THE I GO BACK TO THEM A LOT JUST BECAUSE I’M SO PROUD OF THEM, AND I THINK IT IS ABSOLUTELY GOING TO TRANSFORM THE CITY, BUT OUR COLOR-CODED CURBS. SO WHEN WE PUT THE PILOT OUT THERE WHERE WE NOT ONLY CHANGE [02:15:01] THE SIGNAGE, BUT WE SHUT DOWN THE ZONE SO NOBODY COULD ACCIDENTALLY PAY WHEN THEY PARKED THERE, WHEN THEY TRY TO PARK THERE, IT SAYS NO PARKING TOW AWAY. WE SAW AN 80% DECREASE IN OUR PILOTS. WE HAVE NOW STARTED PAINTING THOSE THROUGHOUT THE CITY. IN OUR FIRST 20 DAYS OF APRIL, WE HAVE SEEN A 30% DECREASE OF ILLEGAL PARKING AND FREIGHT LOADING ZONES. THE COMMISSION RECEIVED A PICTURE FROM ONE OF OUR AMAZING INTERACTIVE RESIDENTS WHO SHOWED ILLEGAL PARKING, BUT RIGHT ACROSS THE STREET, ABSOLUTELY OPEN FREIGHT LOADING ZONES. SO WHAT WE'RE TALKING ABOUT NOW IS CHANGING THE HABIT OF DELIVERY DRIVERS THAT FOR A DECADE OR MORE HAVE DONE WHATEVER THEY WANT. NOW WE CAN, IF YOU TELL ME THAT YOU WANT TO UP OUR TEAM FROM 40 TO 60, ARE THE PARKING DEPARTMENT, I SAY IT ALL THE TIME, IS AN ENTERPRISE FUND, WE CAN ABSOLUTELY ABSORB THAT. AND ARE WE MORE EFFECTIVE AT 60? SURE, WE'RE MORE EFFECTIVE AT 100. SO I JUST SAY IT DEPENDS ON WHAT GOOD LOOKS LIKE FOR THE CITY. WE ARE LIMITED. WHEN WE GO GIVE THESE MILLIONS OF OF RIGHT-OF-WAY VIOLATIONS. AND BECAUSE WE GIVE MILLIONS OF DOLLARS A YEAR IN RIGHT-OF-WAY VIOLATIONS TO UPS, FEDEX, AMAZON, THE DRIVERS TAKE THEM, PUT THEM IN THEIR POCKET, AND THEY PAY THEM LATER. OKAY, BUT LET ME COME BACK TO SOMETHING YOU SAID. FIRST OF ALL, A COUPLE THINGS. FIRST OF ALL, WE ARE TRYING TO DISRUPT BEHAVIOR. SO EVEN IF WE DON'T GET THE MILLIONS OF DOLLARS BACK, THE PAIN IN THE NECK OF GOING TO GET THEM ADJUDICATED AND SOME SETTLEMENT, IT'S... YOU KNOW, IF WE REALLY HOLD EVERYBODY TO THE FIRE, THEIR FEET TO THE FIRE, THEN THEY MIGHT GET TIRED OF THAT. AND BEHAVIOR WILL CHANGE. I MEAN, ENFORCEMENT, WE'RE GOING TO BE TALKING ABOUT MICROMOBILITY, AND THE CHALLENGE WILL BE TO CHANGE BEHAVIOR WITHOUT PUNITIVE ENFORCEMENT, BUT TO CHANGE IT WITH EDUCATIONAL ENFORCEMENT, RIGHT? THAT'S A DIFFERENT THING. IN THIS CASE, THEY'RE BAD ACTORS. THEY HAVE A LONG TRACK RECORD. I’M HAPPY TO LET THEM ACCRUE THEIR FINES. BUT THE OTHER THING YOU SAID THAT I THINK WE ALL NEED TO HEAR AS WE START IN ON THE BUDGET PROCESS IS PARKING IS AN ENTERPRISE FUND. SO IF WE HIRE ANOTHER, LET'S SAY, DOZEN PEOPLE BETWEEN PART AND FULL TIME, THE REVENUE THAT GETS GENERATED BY THEIR ACTIONS WILL PAY FOR THEIR EMPLOYMENT. IS THAT A CORRECT UNDERSTANDING? THAT IS CORRECT. AND I WILL EVEN SAY SO THEN I DON'T KNOW IF THIS IS A JASON QUESTION OR A MANAGER QUESTION OR JUST A BODY OF WILL-OF-THE-BODY QUESTION. WHY WOULDN'T WE UP THAT AMOUNT TODAY AND DO A RESOLUTION RIGHT NOW SAYING GO GET YOURSELF ANOTHER 10 PEOPLE BETWEEN FULL AND PART-TIME AND THROW THE HAMMER DOWN. LET'S GO. LET'S GO. SO I THINK THE SHORT ANSWER TO THAT QUESTION IS IT'S MUCH EASIER TO HIRE PEOPLE THAN IT IS TO DOWNSIZE. AND SO WE'RE ALWAYS HIRING FOR THE TROUGHS IN OUR NEEDS AS OPPOSED TO THE CRESTS. BUT I THINK THERE'S OPPORTUNITIES TO LEVERAGE TECHNOLOGY, AND I THINK WHAT WE'RE HEARING FROM YOU IS THAT WE DON'T HAVE ENOUGH ENFORCEMENT TODAY, AND SO MAYBE THE TROUGH HAS RAISED OVER TIME, AND MAYBE WE NEED TO LOOK AT ADJUSTING SLIGHTLY. WE'RE ALWAYS RATHER DO IT INCREMENTALLY. UNDERSTOOD. I DON'T WANT TO BE FIRING SOMEBODY IN THE LEAN YEARS. BUT I WOULD SAY THAT IF WE HAVE BEEN HIRING BASED ON A CERTAIN LEVEL OF SERVICE FROM I DON'T KNOW, 10 YEARS AGO, WHATEVER THE RIGHT NUMBER IS, THE MARKETPLACE AND THE LANDSCAPE HAS CHANGED SO DRAMATICALLY BETWEEN OVERDEVELOPMENT AND E-COMMERCE, JUST THOSE THINGS ALONE, AND UBER AND LYFT, SHARED RIDES. THOSE THREE FACTORS SAY THAT WITHOUT EVEN LOOKING AT ONE SINGLE POINT OF DATA, JUST FROM LIVING IN THIS CITY, THAT DRIVING THROUGH THE CITY IN 2010 VERSUS DRIVING THROUGH THE CITY IN 2026 ARE NIGHT AND DAY, NIGHT AND DAY. SO I WOULD LOVE TO KNOW WHEN THE LAST SET OF ASSESSMENTS WERE FOR WHAT THE STAFFING LEVELS SHOULD BE, BECAUSE I GUARANTEE YOU THEY'RE NOT ENOUGH. AND IF WE'RE WORRIED ABOUT HAVING TO LAY PEOPLE OFF, GOD FORBID, THEN LET'S HIRE PART-TIME PEOPLE WHERE IT'S A DIFFERENT KIND OF A THING, AND THEY MIGHT BE ABLE TO BE TRANSITIONED TO SOMETHING ELSE. BUT I WOULD... BE HAPPY TO MAKE A MOTION THAT HOPEFULLY MY COLLEAGUES WOULD SUPPORT TO DIRECT THE PARKING DIRECTOR TO COME BACK FOR THE OR WHATEVER NEEDS TO HAPPEN BUT TO GO AHEAD AND AND DO THE ANALYSIS OF WHAT THE BEST LEVEL WOULD BE FOR YOU KNOW THE MOST RESPONSIBLE WAY TO DO THIS AND MOVE FORWARD LIKE WE SPENT I DON'T KNOW HOW MANY HOURS TALKING ABOUT ALL THE THINGS THAT ARE CAUSING THE IMPEDIMENT AND ONE OF THE MOST EFFECTIVE IS STANDING RIGHT BEFORE NOT YOU LITERALLY BUT IS STANDING RIGHT IN FRONT OF US. SAYING, YOU KNOW, WE JUST NEED MORE BODIES ON THE STREET TO ENFORCE, AND WE CAN DO THAT, AND THE ENTERPRISE FUND PAYS FOR IT. LIKE, WHY HAVEN'T WE DONE THIS [02:20:01] ALREADY? CAN WE DO THAT AS PART-TIME EMPLOYEES? THAT'S WHAT I JUST SAID. OKAY, GOOD. COULD WE EVEN SUPPLEMENT IT? NOT REPLACE, BUT ON TOP OF, JUST TO MANAGE THROUGH PEAKS WITH SOME SORT OF CONTRACTING SERVICE. WOULD YOU LIKE A MOTION TO DIRECT YOU TO COME BACK TO US IN MAY WITH A PLAN THAT WE CAN EFFECTUATE? I THINK THAT WOULD BE BETTER. BETTER THAN ANSWERING A LITTLE HORSE TRADING ON THE DANCE? OKAY, SO I WOULD LIKE TO MAKE THAT MOTION, AND HOPEFULLY SOMEBODY WILL SECOND, AND HOPEFULLY I'LL GET UNANIMOUS SUPPORT. ALL IN FAVOR? IF SO, PLEASE SAY AYE. AYE. THAT WAS DIRECTED TO THE PARKING DEPARTMENT TO COME BACK IN MAY WITH AN ANALYSIS OF PERSONNEL INCLUDING PART-TIME CONTRACTING SERVICES REGARDING THEIR NEEDS. AND A TIMETABLE FOR IMPLEMENTING. OKAY. AND AT MAY, IN MAY. I DON'T WANT THIS PUSHED OUT TO THE FALL. NOW, I HAD THREE OTHER MOTIONS THAT NO ONE MADE SECOND, SO I NEED TO CLARIFY THOSE. YOU HAD WE HAD A MOTION REFER FROM MONICA MATTEL SALINAS REFERRING TO FERC THE STUDY REGARDING CHANGING FROM TRAFFIC LIGHTS TO STOP SIGNS, BUT NO ONE MADE A SECOND SO I HAVE MOTION BY COMMISSIONER MATTEL SALINAS SECONDED BY VICE MAYOR DOMINGUEZ OF REFERRAL TO FERC ALL IN FAVOR PLEASE SAY AYE AYE. I ALSO HAD A SECOND MOTION FROM COMMISSIONER MATTEL SALINAS REGARDING AMENDING C7Z WHICH WAS TO INCLUDE SPEED TABLES ON 71ST STREET. A MOTION FROM COMMISSIONER MATTEL SALINAS, SECONDED BY COMMISSIONER, VICE MAYOR DOMINGUEZ. ALL IN FAVOR, PLEASE SAY AYE. AYE. ANY OPPOSED? HEARING NONE, IT'S APPROVED. AND I HAD A LAST MOTION, DIRECT ADMINISTRATION TO SUPPLEMENT, LET'S SEE, SUPPLEMENT DEPARTMENTAL BUDGET WITH E-BIKES. I THINK THAT WAS COMMISSIONER BOTT WHO MENTIONED THAT. THAT WAS THE POLICE DEPARTMENT. GOOD IDEA. POLICE JUST GOT THEIRS, SO IT WOULD BE PARKING AND CODE. PARKING AND CODE WITH E-BIKES. THAT WAS COMMISSIONER BOTT. DO I HAVE A SECOND ON THAT? I’LL SECOND. JUST SPECIFICALLY, WHAT IS THE ITEM CALLING FOR? IT WAS TO MOTION DIRECTING THE ADMINISTRATION TO SUPPLEMENT DEPARTMENTAL BUDGET, I’M ASSUMING FOR THE NEXT BUDGET YEAR, FOR THE INCLUSION OF E-BIKES FOR THE PARKING DEPARTMENT AND CODE ENFORCEMENT DEPARTMENTS TO LOOK INTO THAT. BECAUSE THE ISSUE HAS BEEN THAT. OKAY. AND THEN THE OTHER THING THAT I DIDN'T HEAR. HOLD ON. BEFORE. I’M SORRY. SO I HAVE A YES ON THAT. A MOTION. ALL IN FAVOR. EXCUSE ME. JUST FOR THE SAKE OF CLARITY. IS THAT TO CONSIDER DURING THE FISCAL YEAR BUDGET PROCESS? OR IS THIS A REFERRAL TO FERC? THANK YOU. THAT'S WHAT I WAS ABOUT TO ASK. SO I THINK I'D LIKE TO GET THE ASSESSMENT OF HOW MUCH IT WOULD COST. AND IF IT'S NOT A HUGE AMOUNT OF MONEY, THEN MAYBE WE CAN DO IT THIS YEAR. AND IF IT'S LIKE, I CAN'T IMAGINE THAT BUYING 12 E-BIKES. IS GOING TO... I THINK THERE ARE ABOUT 6,000 EACH, RIGHT? BECAUSE THE ANDRES ASLAN FOUNDATION, I THINK, DONATED SIX BIKES FOR 34,000. CORRECT. BUT, YOU KNOW, LET'S NOT USE THAT AS A BENCHMARK. LET'S DO OUR OWN RESEARCH. OH, 100%. I’M JUST SAYING THAT'S THEIR... YEAH. BASED ON THAT... NO, I JUST WANTED TO MAKE SURE, BECAUSE WE HAVE... AND WE'RE CONSISTENT. I JUST WANTED TO MAKE SURE, THE REASON I WAS ASKING, TO MAKE SURE IT GOES THROUGH THE... I LIKE THE ITEM. I LOVE IT. JUST MAKE SURE IT GOES THROUGH THE BUDGET PROCESS LIKE EVERYTHING ELSE. WE CAN SAVE THE MONEY BY PUTTING TWO PEOPLE ON ONE SCOOTER. COMMISSIONER BOTT. NO, WE CAN'T. IT'S NOT SAFE. UNLESS YOU BUY A CERTAIN SCOOTER THAT HAS THE DEVICES TO MAKE IT SAFE. I’M NOT GIVING UP ON THIS ONE. BUT THE OTHER THING I DIDN'T HEAR, SO CAN WE JUST GET A SENSE OF WHAT THE COST WILL BE, AND THEN WE'LL DECIDE IF WE'RE GOING TO MAKE IT A NEXT YEAR PRIORITY OR IF WE CAN FIND OR WE CAN DO HALF NOW AND HALF LATER. DO WE EVER CONFISCATE E-BIKES FROM CRIMINAL ENTERPRISES? I AM SURE WE DO. I MEAN, WE'VE USED IT FOR THIS, HUNDREDS OF BIKES. ARE WE ALLOWED TO DO THAT? IT DEPENDS ON THE NATURE, ON THE CONDITIONS WE CONFISCATE A BIKE, IF IT'S A VEHICLE USE AND A CRIME, AND WE CAN CERTAINLY USE IT. SO MAYBE AS PART OF THIS ITEM, JUST EXPLORE THAT. BECAUSE I KNOW, LIKE IN THE NETHERLANDS, PEOPLE DUMP BIKES ALL THE TIME, AND THEY REHABILITATE THEM AND GIVE THEM TO PEOPLE WHO NEED BIKES. AND THIS IS A LITTLE BIT DIFFERENT, BUT IT'S WORTH LOOKING AT. I JUST WANT TO JUMP IN THERE BECAUSE, YOU KNOW, I WANT TO THANK YOU, COMMISSIONER BOTT, FOR BRINGING THIS UP AGAIN. IT'S JUST... IT'S DEJA VU YOU KNOW IN THIS CITY WE HAVE THESE CONVERSATIONS AND THEN WE HAVE THEM OVER AND OVER AGAIN IN 2022 THIS BODY ADOPTED RESOLUTION 2022-32344 SPECIFICALLY ASKING DEPARTMENT THE THE PARKING DEPARTMENT TO CREATE A DEDICATED BICYCLE ENFORCEMENT UNIT THE DIRECTIVE IS THERE ALREADY FROM THIS LEGISLATIVE BODY IT WAS A DIFFERENT SET OF PEOPLE. [02:25:02] BUT IT'S THE BODY, DIFFERENT PEOPLE, BUT THE LEGISLATION LIVES ON. WE GAVE THE DIRECTIVE, WHETHER IT WAS THIS COMMISSION OR THE ONE FOUR YEARS AGO, THE LEGISLATION IS THERE ASKING THE PARKING DEPARTMENT TO CREATE A DEDICATED BICYCLE ENFORCEMENT UNIT. AND SO I THINK IT'S IMPORTANT TO BRING IT BACK UP AGAIN SO THAT IT'S FRESH IN EVERYONE'S MIND. BUT IT'S LIKE WE HAVE THE SAME CONVERSATION OVER AND OVER AND OVER AGAIN, AND THE PROBLEM DOESN'T GET SOLVED. YEAH, LOOK, I THINK IT'S A COMPLICATED THING TO RUN A LARGE ORGANIZATION. THERE'S TURNOVER. THERE'S SHIFTING PRIORITIES. I UNDERSTAND ALL THAT. BUT IT'S NOT LIKE THIS WAS A FLY-BY-NIGHT CRAZY IDEA BY SOME RANDOM COMMISSIONER. AND THE FACT THAT HERE WE ARE FOUR YEARS LATER AND IT HASN'T BEEN ADDRESSED, WHERE DOES THE BUCK STOP ON THIS? AND SO THAT'S A DIFFERENT QUESTION FOR A DIFFERENT TIME. RIGHT NOW I’M MORE INTERESTED IN MOVING THIS FORWARD. AND THE... I HAD ONE MORE QUESTION. OH, THE QUESTION ABOUT WHETHER OR NOT THE CITY OR THE COUNTY OR THE STATE HAS JURISDICTION ON SOME OF THE TRAFFIC CALMING, DOES THAT NEED TO BE SOMETHING WE VOTE ON, OR IS THAT SOMETHING YOU CAN HANDLE ADMINISTRATIVELY TO GET THOSE ANSWERS AND COME BACK TO US? I DON'T BELIEVE WE NEED A MOTION FOR THAT. YEAH, WE CAN DO THAT ADMINISTRATIVELY. OKAY. BUT I DON'T WANT IT TO FALL OFF. WE WANT IRONCLAD, CORRECT ANSWERS ASAP. I'D BE HAPPY TO ISSUE AN LTC BY TOMORROW. OKAY. IT'S PRETTY CLEAR. GREAT. GREAT, GREAT, GREAT DISCOVERY. WE'RE GOING TO CALL R9H. I JUST WANT TO SAY, YOU KNOW, SOMETIMES IT LOOKS LIKE WE'RE TAKING A LOT OF SHOTS. SOMETIMES THEY'RE FAIR, TO BE HONEST. BUT, WILL, YOU KNOW, YOU'VE BEEN HERE ABOUT A YEAR NOW. YESTERDAY. LESS THAN A YEAR. YOU'VE BEEN A GREAT ADDITION. NO, A YEAR YESTERDAY. OH, A YEAR YESTERDAY. CONGRATULATIONS. THANK YOU. HAPPY ANNIVERSARY. AND I CAN SAY FROM MY PERSPECTIVE, YOU'VE BEEN A GREAT ADDITION TO OUR CITY. THANK YOU. THANK YOU. THANKS, AND I’M SURE YOU'RE GOING TO OBVIOUSLY FOLLOW THE DIRECTIVE THAT WE'RE GIVING HERE AND IMPLEMENT IT. ABSOLUTELY. THANKS FOR ALL YOUR HARD WORK. WELL, SO IT'S BEEN A YEAR YESTERDAY, BUT IT FEELS LIKE 10, AND I THINK DURING YOUR INTERVIEW YOU HAD A FULL HEAD OF HAIR, RIGHT? NO, MA'AM, I KEEP IT SHAVED. JUST DON'T SHOW THE GRAY THAT IT HAS DEFINITELY. THANK YOU AS WELL FOR LIVING IN OUR CITY. YES. I CAN SEE THROUGH YOUR KNOWLEDGE OF THE INTRICACIES IT MAKES A DIFFERENCE, AND THAT'S A VERY PASSIVE-AGGRESSIVE SUGGESTION TO OUR OTHER STAFF AND ADMINISTRATORS. BUT THANK YOU VERY MUCH FOR LIVING IN OUR CITY. I WILL CALL OUT THAT JOSE DOES AS WELL AND MELISSA DOES AS WELL, AND THEY SPEAK FROM KNOWLEDGE WHEN THEY ARE ADDRESSING ISSUES THAT WE ARE ALL FRUSTRATED WITH BECAUSE THEY ARE ALSO RESIDENTS WHO ARE FRUSTRATED BY THE SAME ISSUES. JASON, THAT'S RIGHT. JOHN NORRIS. AND I WAS SORRY TO GO THROUGH ALL THIS. JOHN NORRIS CALLS ME EVERY SINGLE DAY HE'S ON THE WAY HOME THAT HE SEES A TRUCK STOPPED AT 63RD BECAUSE HE LIVES JUST NORTH OF 63RD. SO CAN WE DEPUTIZE HIM? ACTUALLY, WE'VE TALKED ABOUT GIVING HIM A TABLET AND A PRINTER AND HAVING HIM GO THROUGH THE COURSE. IT IS KIND OF COOL, BY THE WAY. I DID THAT YESTERDAY. IT WAS A BACKUP ON ALTON, AND I TEXTED JOSE GONZALEZ. AND THEN A FEW MINUTES LATER, THERE'S A NOTICE GOING OUT CITYWIDE, HEY, THERE'S A BACKUP BECAUSE OF. BUT COMMISSIONER, VICE MAYOR DOMINGUEZ. I JUST WANTED TO MAKE A MOTION FOR THIS ITEM TO BE HEARD AT THE NEXT PUBLIC SAFETY MEETING, WHICH IS MAY 13TH. WHICH ITEM? I’M SORRY. WHAT WE JUST DISCUSSED NOW, I THOUGHT I HEARD COMMISSIONER BOTT SAY SHE WANTED A SPECIAL MEETING, AND MY SUGGESTION WOULD BE FOR IT TO BE HEARD AT THE NEXT PUBLIC SAFETY MEETING. GOT IT. SO COMMISSIONER BOTT HAD INSTRUCTED TO HOLD A SUNSHINE MEETING, SO INSTEAD OF THAT SUNSHINE MEETING ON THIS TOPIC, YOU WOULD LIKE IT TO GO TO THE PUBLIC SAFETY MEETING? MAY 13TH. PUBLIC SAFETY, NEIGHBORHOOD QUALITY OF LIFE. IT WORKS FOR ME. AND HOPEFULLY ALL OF OUR COLLEAGUES CAN JOIN US FOR THAT BECAUSE I THINK THIS HAS BEEN A REALLY FRUITFUL AND PRODUCTIVE DISCUSSION. AND AS THE MAYOR SAID, NO ONE'S COMING AT YOU. BUT CLEARLY WE'RE ALL QUITE PASSIONATE ABOUT FINDING SOLUTIONS, SO LET'S GO GET THEM. I DON'T KNOW WHY WE HAVEN'T YET, BUT LET'S DO IT NOW. WHEN THERE IS A WILL, THERE IS A WAY. AND THERE IS A WILL. OKAY, NOW WE'RE GOING TO CALL THE R9AH. JUST FOR THE RECORD, I HAVE A MOTION BY COMMISSIONER DOMINGUEZ FOR THE REFERRAL TO PUBLIC SAFETY, MAY 13TH, [R9 AH DISCUSS/TAKE ACTION: PARKING ENFORCEMENT IN NORTH BEACH.] SECONDED BY COMMISSIONER MATTEL SALINAS. ALL IN FAVOR, PLEASE SAY AYE. AYE. THANK YOU. NOW WE'RE ON R9AH. DO YOU WANT TO CALL IT? DISCUSSION, TAKE ACTION, PARKING ENFORCEMENT IN NORTH BEACH, R9AH. COMMISSIONER SUAREZ. THANK YOU. THIS SEEMS TO BE THE TOPIC DU JOUR OF THIS MORNING, WHICH IS GOOD, BECAUSE THAT'S WHAT RESIDENTS CARE ABOUT. I HAD A NORTH BEACH PARKING TOWN HALL LAST WEEK AND BELIEVE IT OR NOT ONE OF THE BIGGEST REQUESTS FROM A LOT OF THESE NORTH BEACH RESIDENCES THEY WANT [02:30:02] TO SEE TOWING WHEN IT COMES TO ENFORCING THE ZONE 26 PARKING. YOU KNOW, I THINK COMMISSIONER FERNANDEZ OR COMMISSIONER BOTT, I FORGOT WHO MENTIONED IT, SAYS, YOU KNOW, THEY'LL SEE A STACK OF TICKETS ON THE CAR AND THERE'S, IT'S JUST THERE, IT'S JUST LEFT THERE. AND, YOU KNOW, PEOPLE SEEM TO JUST NOT REALLY CARE ABOUT OUR RESIDENTS' ABILITY TO PARK. WE PASSED, I THINK IT WAS TWO YEARS AGO, IT WAS ONE OF THE FIRST ITEMS THAT I BROUGHT FORWARD. FOR A RESIDENTIAL PARKING ZONE IN NORTH BEACH. IT WAS ZONE 26. WHEN WE FIRST STARTED IT, WE WANTED TO GIVE AS MUCH EDUCATION AND GRACE PERIOD TO ALL THE RESIDENTS AND BUSINESS OWNERS IN NORTH BEACH THAT WE'RE NOT GOING TO TELL. IN FACT, WE WROTE IT INTO THE ORDINANCE AS FAR AS THE PILOT PROGRAM. AND WE, WHENEVER... SINCE THE PROGRAM WAS STARTED, IT'S BEEN A HUGE SUCCESS, ESPECIALLY IN THE BEGINNING. THERE WAS FINALLY SOME SORT OF STRUCTURE FOR RESIDENTS AND VISITORS TO KNOW WHERE TO PARK AND WHERE NOT TO PARK. AND FOR A GOOD PERIOD OF TIME, IT SEEMED TO WORK. BUT WHEN THERE WAS NO TEETH TOWARD IT, EVERYONE KIND OF JUST WAS ABUSING THE SYSTEM, SO TO SPEAK. AND SO LAST, I BELIEVE IT WAS LIKE A YEAR AGO, WHERE WE PASSED THREE STRIKES YOU'RE OUT FOR FOR TOWING IN ZONE 26. AND I WANTED TO ASK ERIC, ERIC, HOW MANY TOES SINCE OUR MEETING TO ENFORCE THROUGH TOWING? HAS THERE BEEN? IN ZONE 26 FOR RESIDENTIAL PARKING ENFORCEMENT. SO I WOULD HAVE TO DEFER TO OUR PARKING DIRECTOR? YES, SIR. SO THIS IS THE DATA THAT I GAVE AT THE MEETING. SO WE'VE HAD 450 TOWS FOR NON-COMMERCIAL REASONS. NOW, THE WAY THAT, AND FORGIVE ME IF I MISUNDERSTOOD, BUT I WAS UNDER THE UNDERSTANDING THAT IT WAS. IF YOU RECEIVED THREE ZONE 26 VIOLATIONS IN THE SAME MONTH, THAT'S WHEN WE WOULD INITIATE A TOW AT THAT POINT IN TIME. SO HOW MANY TOWS HAS THERE BEEN? SO I'D HAVE TO LOOK AT THE EXACT DATA BECAUSE, FOR EXAMPLE, WE TOWED A VEHICLE THE OTHER DAY FOR A SCOFFLAW. I JUST WANT TO KNOW HOW MANY TOWS THERE HAS BEEN IN THE LAST YEAR SPECIFICALLY FOR A ZONE 26 VIOLATION. SO THAT'S THE CHALLENGE, SIR. BECAUSE A VEHICLE WILL NOT SPECIFICALLY JUST GET TOWED UNDER THAT SPECIFIC CLAUSE. AND I GIVE ANECDOTAL BECAUSE THERE'S OTHER REASONS. AND LET ME GO TO THE SCOFF LAW. SO THERE WAS A VEHICLE THAT NEVER MET THE CRITERIA. IT HAD TWO VIOLATIONS A MONTH OVER THE LAST SEVERAL MONTHS. IT WAS DESIGNATED A SCOFF LAW BY THE COUNTY BECAUSE THEY HADN'T PAID ANY OF THOSE VIOLATIONS. SO OUR TEAM SCANNED IT. IT WAS RECOGNIZED AS A SCOFFLAW. WE TOWED THE VEHICLE. THE INDIVIDUAL CAME TO THE PARKING OFFICE, OBVIOUSLY HAD SOME CHOICE WORDS FOR OUR CUSTOMER SERVICE TEAM. THEY SENT THEM UPSTAIRS. SO, FOR EXAMPLE, THAT VEHICLE WASN'T TOWED FOR NOT HAVING A ZONE 26 PERMIT BECAUSE THAT VEHICLE SPECIFICALLY NEVER MET THE THRESHOLD OF HAVING THREE CITATIONS IN THE SAME EXACT MONTH. THAT VEHICLE WAS INSTEAD TOWED AS A SCOFFLAW BECAUSE THAT VEHICLE, TO BE HONEST WITH YOU, I DIDN'T BOTHER TO... TALK WITH THE TEAM TO FIND OUT IF THAT PERSON WAS A RESIDENT THERE OR NOT, IF THAT PERSON JUST IGNORED ALL THE TICKETS. LISTEN, I GET IT, BUT HOW MANY TOWS HAS THERE BEEN? SO THERE'S BEEN 450 NON-COMMERCIAL TOWS IN THE ZONE 26 AREA. OKAY, CAN YOU GIVE ME A LITTLE BIT OF A BREAKDOWN THAT HOW MANY WERE BECAUSE YOU HAD A VIOLATION IN ZONE 26? I CAN PULL THAT DATA. IN THE RESIDENTIAL AREA, NOT A COMMERCIAL. NOT FREIGHT LOADING ZONE, JUST SPECIFICALLY IN RESIDENTIAL PARKING SPOTS. SO THAT I'D HAVE TO GO THROUGH ADDRESSES TO GET THAT INFORMATION, SIR. OKAY, SO. SO WHEN I SAY 450 NON-COMMERCIAL, THAT'S NOT INCLUDING COMMERCIAL LOADING ZONE, THAT'S NOT INCLUDING FREIGHT LOADING ZONE. OKAY, SO THE SENTIMENT I GET FROM THE RESIDENTS OF NORTH BEACH IS THAT, AND I THINK WE'VE SAID IT ENOUGH UP HERE, IS. THAT THERE'S NO ENFORCEMENT, RIGHT? [02:35:03] AND NORTH BEACH IS UNIQUE IN THE SENSE THAT OVER THE NEXT COUPLE OF YEARS WITH... P PARKING LOT 92 THAT'S GOING TO BE DEMOLISHED FOR A MUCH BIGGER STRUCTURE. THERE'S GOING TO BE A TRANSITION PERIOD WHERE IT'S GOING TO BE VERY UNCOMFORTABLE FOR NORTH BEACH RESIDENTS. AND THE LOWEST HANGING FRUIT IS TO PARK IN THE RESIDENTIAL PARKING ZONES BECAUSE THERE'S NOT GOING TO BE, AND PEOPLE KNOW THAT IF THEY PARK THERE IT'S GOING TO BE A 90 PERCENT CHANCE THAT THEY'RE NOT GOING TO GET TOWED. THEY'LL JUST GET A TICKET BUT THEY'RE NOT GOING TO GET TOWED. AND UNFORTUNATELY THAT LEAVES THE PEOPLE WHO LIVE THERE THAT DON'T HAVE A DEDICATED ON-SITE PARKING SPACE TO FIGHT AGAINST THOSE PEOPLE. WHERE THE ONLY PENALTY IS LIKE A $36 PARKING TICKET. SO WHAT DO YOU NEED FROM US? WELL LET ME ASK YOU, HOW MANY PARKING EMPLOYEES ARE DEDICATED TO NORTH BEACH? SO WE DON'T HAVE ANY DEDICATED, FOR EXAMPLE, IF WE, IF YOU TALK ABOUT, FOR EXAMPLE, WHEN WE DIVIDE OUR SHIFTS THROUGHOUT THE EVENING, WE LOOK AT HOW MANY INDIVIDUALS ARE ON SHIFT. AND FOR EXAMPLE, WE'LL SAY, HEY, YOU ARE GOING TO GO TO NORTH BEACH. SO GENERALLY, I WILL SAY ON AN OVERNIGHT SHIFT, WE'RE GOING TO HAVE ONE OFFICER. WE HAVE FOUR DIFFERENT SHIFTS. ONE OF THOSE SHIFTS IS LIKE A 6P TO A 230A. SO THAT INDIVIDUAL CAN BE UP IN NORTH BEACH AS WELL. SO IT CONCERNS ME A LITTLE BIT ERIC CITY MANAGER, THAT THERE'S NO REAL PLAN AS FAR AS ENFORCEMENT, MEANING LIKE IT'S JUST KIND OF GENERAL, OH TODAY YOU'RE GOING TO GO TO NORTH BEACH. I DON'T THINK THAT'S HOW OUR CITY SHOULD RUN. I THINK OUR CITY SHOULD BE RUNNING ON WITH A SCHEDULE, A PLAN, AND A THOUGHTFULNESS AS IT RELATES TO ENFORCING PARKING. SO, YOU KNOW... I DON'T KNOW, AGAIN, IF THIS IS A STAFFING ISSUE OR WHAT. AND IF THERE'S JUST ONE PERSON WHO IS GOING TO RANDOMLY BE IN NORTH BEACH, WHICH IS DECIDED ON THE DAY, APPARENTLY, WHAT HAPPENS IF THAT PERSON CALLS OUT SICK AND THEN THERE'S NO ENFORCEMENT? SO, ERIC, WHAT DO YOU SUGGEST WE DO TO REALLY KIND OF MAKE SURE THAT NORTH BEACH HAS THE PROPER ENFORCEMENT. SO THIS IS PRIMARILY AN OVERNIGHT ISSUE BECAUSE THE RESIDENTIAL PERMIT ZONE KICKS IN AT 6 P.M.? CORRECT. AND SO I WOULD SAY THAT WE PROBABLY HAVE TO HAVE DEDICATED RESOURCES THERE BETWEEN 6 P.M. AND 2 A.M. TO MAKE SURE THAT ENFORCING THE ZONE 26. SO WHAT I WANT TO... WE DO HAVE A PLAN COMMISSIONER, BUT JUST LIKE WE HAVE HUMAN BEINGS AT WORK, AND BECAUSE WE DO HAVE UNIONIZED EMPLOYEES, AND WE GIVE THE OPPORTUNITY OF THOSE UNIONIZED EMPLOYEES TO EXERCISE THEIR RIGHTS, INDIVIDUALS CAN TAKE EVAC, INDIVIDUALS CAN TAKE SICK. SO WHAT OUR SUPERVISORS DO IS SAY, LET'S SAY WE HAVE FIVE PEOPLE ON AT THIS TIME FRAME, BUT WE HAVE ONE EVAC AND ONE CALLS OUT SICK. NOW WE HAVE THREE. SO NOW THAT SUPERVISOR SAYS, OKAY, I’M GOING TO PUT ONE HERE, NOW I’M GOING TO TAKE THESE TWO RESOURCES, HOLD THEM OVER FOR FOUR HOURS, AND PUT THEM HERE. SO OUR SUPERVISORS ARE CONSTANTLY BUT YOU'RE TELLING ME I THOUGHT YOU SAID YOU'RE ALMOST CLOSE TO BEING FULLY STAFFED. IT DOESN'T SOUND LIKE YOU'RE NO, BUT PEOPLE STILL TAKE VACATION. THEY'RE CALLING TO TAKE THEIR STUFF. BUT CAN I JUMP ON THIS? SURE. I’M SORRY, BUT I’M LIKE I LIKE WHERE YOU'RE GOING. SHE'S JUMPING AT THE GO FOR IT. SHE'S JUMPING AT THE BIT HERE. OKAY, SO WE TALKED ABOUT IT A LITTLE BIT BEFORE. I HEAR WHERE YOU'RE GOING, AND THERE ARE EXTENUATING CIRCUMSTANCES AND I DON'T KNOW BUT I WOULD SUSPECT THAT THIS MIGHT ALSO EXIST IN FLAMINGO PARK BUT THAT'LL BE A DIFFERENT CONVERSATION FOR A DIFFERENT TIME LET'S USE THIS AS THE MODEL SO WHAT WE HAVE IN NORTH BEACH AND I WILL SAY I WAS A HUGE SKEPTIC OF THE PARKING PROGRAM BEFORE BUT BECAUSE OF THE YEAR-LONG PROGRAM PILOT PROGRAM I’M LIKE LET'S SEE HOW IT WORKS AND SO I HAVE TO GIVE GIVE YOU YOUR FLOWERS BECAUSE IT HAS WORKED VERY WELL YOU KNOW IT PAINS ME TO DO IT I KNOW. BUT IT'S WORKED VERY WELL. BY AND LARGE, AND THAT'S WHAT THE PILOT PROGRAM HAS BEEN TO TRY TO TWEAK IT, AND PEOPLE WHO HAVEN'T LOVED IT ARE, LIKE, MAKING THEIR PEACE WITH IT. NOTHING WILL BE PERFECT FOR EVERYBODY. I GET THAT. BUT THE PARKVIEW TOWER, THE PP TOWER, IS A BIG ISSUE. THAT'S A WHOLE DIFFERENT CONVERSATION. THERE IS THAT ALLEY THAT RUNS BEHIND THE WEST LOTS ON THE WEST SIDE OF THE WEST LOTS THAT I THINK WAS ORIGINALLY IN THE PROGRAM, AND THEN WE TOOK IT OUT BECAUSE IT WASN'T. COMMUNICATED WELL ENOUGH AND NOBODY WAS PREPARED TO HANDLE IT BUT NOW I THINK A YEAR PLUS INTO IT THAT NOW NEEDS [02:40:01] TO BE PUT BACK INTO THE PROGRAM WE KNOW FOR A FACT WE HAVE PEOPLE CAMPING OVERNIGHT IN THAT ALLEY AND IN OUR PARKING LOTS UP THERE SO KNOWING ALL THOSE THINGS, IS THIS A DEPARTMENT, LIKE POLICE IS A DEPARTMENT AND CODE IS A DEPARTMENT WHERE YOU HAVE STAFF ON 24 HOURS A DAY? CORRECT. IS PARKING ALSO ONE WHERE YOU CAN DO THAT? NO, WE ARE. YOU DO. OKAY. SO, AGAIN, BECAUSE WE HAVE, IT'S AN ENTERPRISE FUND, WE CAN HIRE PART-TIME PEOPLE FOR NOW TO START AND SEE WHAT WE ACTUALLY NEED. AND THERE'S MONEY IN THE CRA. LIKE THIS IS THE TRIFECTA OF, YOU KNOW, PUT THE PEDAL TO THE METAL. AND BUT NOT DRIVING THEM SAFELY. NO PUN INTENDED. YEAH, EXACTLY. LET'S GO. LIKE, LET'S HAVE A PLAN IN PLACE AND LET'S GO AND LET'S ALLEVIATE THESE ISSUES BECAUSE WE NEED TO MAKE SURE IT HAS GOTTEN SO MUCH BETTER THAN IT WAS. AND WE ALSO NEED TO MAKE SURE WE DON'T SLIP BACK. AND THE OTHER CHALLENGE IS IT'S A VERY TRANSIENT NEIGHBORHOOD. SO PEOPLE WHO WEREN'T PART OF THE FIRST YEAR OF EDUCATION HAVE NO IDEA. SO NOW WE NEED TO. AND MAYBE WHEN WE NEED TO TALK ABOUT THE COMMUNICATION OF THAT. IF THIS IS THEIR FIRST VIOLATION, MAYBE THERE'S AN EDUCATION, THIS IS YOUR MULLIGAN, AND THEN WE GO FROM THERE. SO I THINK THAT IS REALLY IMPORTANT TO DO, AND I GET THAT WE HAVE FIVE PEOPLE ON AND TWO PEOPLE HAVE THE TEMERITY TO GET THE FLU. BUT LET'S SAY WE HAVE FIVE PEOPLE ON FOR THE CITY PLUS TWO PEOPLE DEDICATED OVERNIGHT IN NORTH BEACH OR WHATEVER THE RIGHT NUMBER IS. OKAY? AND THEN... TO YOUR POINT ABOUT THE EARLIER POINT ABOUT THE 72ND STREET GARAGE PARKING LOT GOING AWAY FOR A COUPLE OF YEARS WHILE IT'S TURNED INTO A FULLER COMMUNITY ASSET, INCLUDING MANY MORE SPACES. I WANTED TO, IF WE'RE DONE WITH THIS PART OF YOUR CONVERSATION, HAVE WILL EXPLAIN WHAT THE DEAL WITH THE DEAUVILLE HOTEL IS. AND I SPOKE TO DAVID MARTIN ABOUT THIS YESTERDAY, AND HE SAID HE'S ON BOARD. TO DO THE PARKING PROGRAM THAT YOU AND I HAVE TALKED ABOUT. BUT BEFORE YOU GET INTO THAT, I WOULD LOVE TO HEAR ABOUT THAT. ONE THING AT THE PARKING, ONE THING AT THE TOWN HALL THAT I REALIZED IS PEOPLE WANTED TO SAY, HEY, LOOK, THERE'S A CAR HERE. IT'S BEEN SITTING HERE FOREVER. AND THEY TELL ME THAT THEY CALL THE PARKING DEPARTMENT AND NOTHING HAPPENS. AND THEN I FIND OUT. THAT THERE'S ACTUALLY AN ABILITY TO ENTER INTO A LICENSE PLATE ONLINE, ON OUR GOVERNMENT WEBSITE, WHERE IT GIVES A THUMBS UP OR THUMBS DOWN, SO TO SPEAK, A YES, NO, THAT IF IT'S A REGISTERED VEHICLE. I THINK MOST PEOPLE, I DIDN'T EVEN KNOW THAT, I THINK MOST PEOPLE IN NORTH BEACH OR PRETTY MUCH ANYWHERE ON THE BEACH KNEW THAT IF YOU NOTICE A CAR THERE THAT IT'S BEEN THERE FOREVER AND IT'S PROBABLY NOT A RESIDENT, YOU COULD JUST PUT IN THE... LICENSE PLATE AND IT'LL TELL YOU IF IT'S A IF IT'S A PERMITTED CAR THAT AND IF THEY CALL A TOWING ATTENDANT OR PARKING ATTENDANT WOULD COME OUT AND POSSIBLY GET A TOWED IS THERE PERHAPS MAYBE WITH COMMUNICATIONS TO SEND OUT A MESSAGE LIKE THAT TO THE TO NORTH BEACH AND ALLOW YOU KNOW THAT WE'RE NOT JUST RELYING ON PARKING ATTENDANTS WILL ALSO RELY ON A SORT OF LIKE A CROWDSOURCE OF RESIDENTS ON THE BEACH TO, YOU KNOW, ENFORCE THEIR OWN LITTLE BLOCK OF NEIGHBORHOOD. AND THAT APPLIES TO ALL THE PARKING ZONES, RIGHT? CORRECT. SO IF ANY INDIVIDUAL WHO HAS A RESIDENTIAL PARKING PERMIT, SO YOU MUST HAVE ACCESS TO THE RESIDENTIAL PORTAL, CAN LOG INTO THE RESIDENTIAL PORTAL, SEARCH FOR A LICENSE PLATE, AND THEN LIKE YOU SAID, THUMBS UP, THUMBS DOWN. IT'S ACTUALLY RED OR GREEN. SO, MELISSA, IS IT POSSIBLE FOR COMMUNICATIONS TO SEND OUT A DEDICATED EMAIL SAYING, HEY, FOR PARKING ENFORCEMENT, IF YOU NOTICE THAT THERE'S A CAR THAT DOESN'T BELONG, YOU CAN USE THIS LINK TO FIGURE IT OUT, AND IF IT'S NOT, HERE'S THE PHONE NUMBER FOR PARKING DEPARTMENT TO GET IT INVESTIGATED. SURE. AND SOCIAL MEDIA. I MEAN, WE'RE HAPPY TO. SEND OUT A DEDICATED EMAIL, I WOULD JUST WORK WITH THE IT DEPARTMENT TO DEVELOP WHATEVER THAT LINK WOULD BE. GREAT. AND THAT WAY, YOU KNOW, WE'RE NOT RELYING ON I MEAN, IT'S GOOD TO RELY ON OUR CITY-FUNDED SERVICES, OBVIOUSLY, BUT I THINK WHEN YOU HAVE RESIDENTS THAT, YOU KNOW, CAN DO A MUCH QUICKER, BETTER JOB, AND THEY KNOW THEIR STREETS BETTER THAN ANYONE ELSE, THAT THAT WOULD BE A GREAT TOOL IN OUR SHED. I WISH ABOUT THE SAME HERE. SO TWO THINGS TO BUILD ON THAT. ONE IS WE NEED TO BE SURE, BECAUSE WE HAVE THESE SPECIAL PERMITS THAT WE HAVE BEEN WORKING ON OVER THE LAST COUPLE OF YEARS FOR CHURCHES, [02:45:01] FOR VOLUNTEER ORGANIZATIONS, FOR STUDENTS AND TEACHERS, THAT WHEN SOMEBODY PUTS THE TAG UNDER QUESTION INTO THE DATABASE, THOSE TAGS THAT ARE ALLOWED TO BE AT THAT CHURCH ON THE SUNDAY MORNING SHOWS UP AS GREEN. WE JUST HAD THE CHURCH THAT MS. SUMMER WROTE IN ABOUT SAYING THAT PEOPLE ARE GETTING TICKETED AND TOWED. SO THAT IS GOING TO BE AND MAYBE IF IT'S NOT IF IT DOESN'T COME UP AS RED OR GREEN ACCURATELY, WHEN THE OFFICER GOES TO DO THE VIOLATION, THEY HAVE TO RECONFIRM, AND THEY HAVE A MORE ROBUST DATABASE. SO ACTUALLY RIGHT NOW THE WAY THAT WE PERFORM TOES IN ALL RESIDENTIAL AREAS THE OFFICER FIRST SCANS THE LICENSE PLATE WHETHER THEY'RE VEHICLE MOUNTED OR NOT. BUT NOT JUST TOES, TICKETS AS WELL. OKAY, YOU KNOW TICKETS WE PROBABLY HAVE A LITTLE BIT LIGHTER BECAUSE WE KNOW THAT WE CAN ALWAYS UNDO A TICKET. BUT THE PROBLEM IS THE PEOPLE WHO ARE GETTING TICKETED DON'T KNOW. LIKE SOME DO AND THEY'LL REACH OUT TO US BUT A TON OF PEOPLE DON'T AND SO THEY'RE JUST LIKE YOU KNOW I WENT TO CHURCH AND I GOT A TICKET. YOU KNOW NO GOOD DEED GOES UNPUNISHED. JUST LOOK, YOU'RE GOING TO BE ABLE TO DIGEST THAT WITH COMMUNICATIONS. BUT I THINK, ERIC, WHAT I’M ASKING FOR IS WE, THERE DOESN'T SEEM TO BE A PLAN FOR SPECIFICALLY NORTH BEACH ENFORCEMENT AS IT GOES TO ZONE 26. IT SEEMS LIKE THERE'S, OH, WELL, ON TODAY, WE HAPPEN TO HAVE THREE PEOPLE, SO WE'RE GOING TO SEND YOU THERE. I THINK WHAT WOULD BE APPROPRIATE WOULD BE PERHAPS IN ABOUT A WEEK OR SO, SEND OUT AN LTC TO THE COMMISSION ON EXACTLY WHAT YOU PLAN ON DOING FOR ENFORCEMENT OF ZONE 26 IN NORTH BEACH. NO PROBLEM. GREAT. COMMISSIONER, I’M MATTEL SALINAS. SO, SIMILARLY, WILL, AGAIN, YOU'RE NOT FULLY STAFFED, CORRECT? WE'RE ABOUT TWO, I WOULD SAY ONE FULL-TIME OR SHORT, AND MAYBE TWO OR THREE PART-TIMERS. ARE THOSE POSITIONS POSTED? YES, WE'RE ACTUALLY DOING INTERVIEWS RIGHT NOW. OKAY, GREAT. THANK YOU. ONE LAST QUESTION ABOUT THE COMMUNICATION PART. THE E-GOV APP IS SO AMAZING, AND YOU CAN REPORT DUMPS, FURNITURE OR CARTS OR FLOODING AND ALL THAT STUFF. DOES PARKING, CAN YOU REPORT PARKING ON THE E-GOV APP CURRENTLY? YOU CAN REPORT PARKING ON THE E-GOV APP, AND ON TOP OF THAT, ANYBODY THAT, YOU KNOW, I UNDERSTAND THERE'S ANECDOTAL STORIES OUT THERE, BUT ANYONE THAT CALLS IN A PARKING ISSUE. THAT IS, THEY CALL IN ON A RECORDED LINE. OUR TEAM THEN ENTERS THAT INTO THE SYSTEM, AND THERE HAS TO BE A SOLUTION ENTERED INTO THE SYSTEM ON WHAT THE PARKING ENFORCEMENT SPECIALIST SAW WHEN THEY GOT THERE. SO IF, FOR EXAMPLE, WE SEND AN OFFICER OUT THERE AND THERE'S THREE OR FOUR TICKETS ON A WINDSHIELD, MY EXPECTATION IS THAT PARKING ENFORCEMENT SPECIALIST CALLS THE SUPERVISOR, AND WE HAVE CERTAIN MIAMI-DADE PARKING CODES WHICH WE CAN ENFORCE THAT DON'T NECESSARILY STATE... YOU DON'T HAVE A ZONE 26 PERMIT, BUT IT'S ANOTHER VIOLATION THAT WE CAN TOW IMMEDIATELY ON. SO WHEN YOU GUYS WORK ON WHATEVER THE COMMUNICATION IS, JUST LET'S REMIND PEOPLE WHO ALREADY USE THE E-GOV APP THAT THEY DON'T HAVE TO ADOPT ANOTHER. ABSOLUTELY. WE'LL PLUG THAT AS WELL. THANK YOU. OKAY. I THINK WE'RE GOOD. THANK YOU SO MUCH. THANK YOU. ONE ON EACH THING. IT'S NOT A PUBLIC COMMENT, BUT I'LL, YEAH, COME ON UP. HONORABLE MAYOR, COMMISSIONER, CITY MANAGER, THANK YOU FOR THE OPPORTUNITY TO TALK HERE TODAY. TALKING TO YOU IN REFERENCE OF NORTH BEACH, LIFELONG RESIDENT OF MIAMI BEACH, BEEN LIVING 40 YEARS ON NORMANDY ISLE. I’VE BEEN DEALING WITH THIS SITUATION WITH PARK BEFORE I GO ON. I WANT TO MAKE IT CLEAR AND TRANSPARENT. I HAVE AN INTEREST WITH BEACH TOWING. AND I RUN THE DAY-TO-DAY OPERATIONS THERE, SO THERE'S NO HIDDEN THING HERE. I’VE HAD TWO INCIDENTS IN MY ISLAND. JUST LAST WEEK, I HAD A CONFRONTATION WITH ONE OF THE CONTRACT WORKERS. CALLED UP PARKING, GAVE FILM. I HAVE DATED BACK TO 2023 WITH SITUATIONS IN OUR ISLAND. NO ENFORCEMENT HAS BEEN DONE. THEY GO, GIVE A TICKET HERE, GIVE A WARNING HERE, AND THEY LEAVE. I’M LETTING THE CITY KNOW. MY FAMILY'S SAFETY. I HAVE MY SON THAT LIVES ON FAIRWAY. WE LIVE ON NORTH SHORE. MY DAUGHTER LIVES ON NORTH BAY ROAD. MY FAMILY'S SAFETY HAS BEEN COMPROMISED WITH THE CONFRONTATION WITH THOSE CONTRACTORS. ENOUGH IS ENOUGH. ENOUGH IS ENOUGH. EITHER START ENFORCING AND I DON'T WANT ONE TOE IN OUR ISLAND TO GO TO BEACH TOWING. THAT TREMONT HABIT, YOU CAN SKIP ME BECAUSE THE OPTICS OF IT. LOOKS LIKE I WANT TO GET MORE TOES. THAT'S NOT THE THING. [02:50:02] ENOUGH IS ENOUGH. ENFORCEMENT HAS TO BE DONE. THANK YOU. SIR, IT'S HAPPENING IN YOUR NEIGHBORHOOD. IT'S HAPPENING IN HIS NEIGHBORHOOD. I'LL TELL YOU, YOU GO INTO BAYSHORE. IT'S HAPPENING ALL OVER BAYSHORE. YOU GO NORTH BAY ROAD, IT'S HAPPENING ALL OVER NORTH BAY ROAD. IT'S THE SAME ISSUE WE'RE FACING IN OUR COMMERCIAL CORRIDORS. MY QUALITY OF LIFE WITH THE AMOUNT OF PROPERTY TAXES THAT I PAY, IT'S THE SAFETY OF MY FAMILY. ENOUGH IS ENOUGH. SORRY, SIR, I DIDN'T CATCH YOUR NAME. LOUIS SALONE. THANK YOU. 815 NORTH SHORE DRIVE. THANK YOU. MAY I SAY SOMETHING? YES, NOW WE'VE GOT TO WRAP IT UP. YES, SIR. THANK YOU VERY MUCH, MAYOR. SO NORMANDY ISLES, VENETIAN ISLES, SUNSET, PALM, HIBISCUS, STAR, ALL OF THESE ISLANDS SHARE A VERY SIMILAR TRAIT. TECHNICALLY, THERE IS NO LEGAL PARKING ON THE ISLANDS ANYWHERE. AND SO WHEN WE GET CALLS FOR SERVICE, WE GO OUT THERE AND WE ENFORCE. IF WE DO NOT GET CALLS FOR SERVICE, WE TEND TO NOT GO UNLESS CALLED. BECAUSE THE INDIVIDUALS THAT LIVE ON THESE ISLANDS SAY, MY NANNY, MY COOK, MY FILL-IN-THE-BLANK HERE. WE HAVE TO WALK A VERY FINE LINE BECAUSE ON ANY OF THESE ROADWAYS, IF A VEHICLE PARKS, WE SHOULD TICKET FOR OBSTRUCTION OF TRAFFIC AND TOW THE VEHICLE IMMEDIATELY. $157 TICKET AND TOW IMMEDIATELY ON EVERY ONE OF THE ISLANDS. THEN WHEN WE DO GO, WE DO HEAR FROM THE RESIDENTS THAT WEREN'T EXPECTING THIS TYPE OF ENFORCEMENT. SO I SAY THAT... WE WILL ABSOLUTELY GO IN THE DIRECTION THAT THE [R9 D PRESENTATION BY MIAMI-DADE COUNTY COMMISSIONER RAQUEL REGALADO, DISTRICT 7, ON THE NEUROINCLUSION TOOLKIT.] COMMISSION WOULD LIKE. SO IF THAT'S... WE'RE WRAPPING UP THIS ITEM. THANK YOU SO MUCH. R9D. R9D IS A PRESENTATION BY COMMISSIONER RAQUEL REGALADO ON NEUROINCLUSION TOOLKIT. COMMISSIONER REGALADO, RAQUEL REGALADO, THANK YOU SO MUCH FOR BEING HERE. FOR THOSE WHO DON'T KNOW, I THINK MOST PEOPLE WATCHING DO, BUT JUST IN CASE, YOU ARE A MIAMI-DADE COUNTY COMMISSIONER. FORMER SCHOOL BOARD MEMBER. FORMER SCHOOL BOARD MEMBER, AND WE'RE REALLY HONORED THAT YOU'RE HERE WITH US TODAY, AND I KNOW YOU HAVE A SPECIAL PRESENTATION, SO THANK YOU. THANK YOU, AND I’M HERE IN MY CAPACITY AS THE VERY PROUD MOM OF TWO NEURODIVERGENT ADULTS, BELLA AND SEBASTIAN, WHO ARE NOW 21 AND 22, RESPECTIVELY. SO FIRST OF ALL, I WANT TO THANK YOU ALL FOR RAISING THE FLAG. THANK YOU SO MUCH. IT MEANS SO MUCH TO US TO REALLY GET OUR MUNICIPALITIES TO START TALKING ABOUT NOT JUST AUTISM AS A GENERAL IDEA, BUT REALLY AUTISM ACCEPTANCE. WE REALLY HAVE COME A LONG WAY FROM AWARENESS TO ACCEPTANCE, AND WE HAVE SO MANY RESOURCES IN OUR COUNTIES FOR WHO WE LOVINGLY REFER TO AS THE LITTLES. YOU KNOW, WHEN YOU GET YOUR EARLY DIAGNOSIS AND ALL THE DIFFERENT THINGS THAT HAPPEN WHEN YOU GET THAT DIAGNOSIS. BUT AS MANY OF YOU KNOW, STARTING AT 10, 12, 13, THINGS ARE GETTING A LITTLE COMPLICATED. AND I’VE BEEN WORKING OVER THE LAST 10 YEARS ON PROGRAMMING SPECIFICALLY FOR ADULTS AS MY CHILDREN TRANSITION TO ADULTHOOD. I HAVE TO SAY MY DAUGHTER ISABELLA CAME TO THE UM-NSU SURF CAMP HERE IN MIAMI BEACH. OVER A DECADE AGO. SO I KNOW THAT YOU ALL HAVE A LONG-STANDING RELATIONSHIP WITH UMNSU CARD, AND UMNSU CARD HAS BEEN MY NUMBER ONE PARTNER IN DOING THIS WORK WITH THE TOOLKIT. SO WHAT THE TOOLKIT IS, I CREATED A DOCUMENT THAT HAS BEEN EMAILED TO ALL OF YOU. I ALSO HAVE THE QR CODES HERE SO THAT YOU CAN SEE THEM. THAT REALLY ENCOMPASSES EVERYTHING THAT I’VE DONE IN THE PUBLIC SECTOR ON THE GOVERNMENT SIDE. IT IS WRITTEN FOR YOU. IT IS WRITTEN FOR MANAGERS, MAYORS, COMMISSIONERS, AND ADMINISTRATORS IN GENERAL. AND IT HAS ALL THE LEGISLATION THAT I’VE WORKED ON. PLEASE COPY IT. ALL THE DATA THAT WE HAVE DONE OVER THE YEARS, THE TRAINING AS INFRASTRUCTURE, AND THEN THE DIFFERENT EXAMPLES OF EVERYTHING FROM SOCIAL STORIES. THAT WE'VE DONE IN ALL OF OUR LIBRARIES TO HOW TO PROVIDE AUTISM-FRIENDLY AND SENSORY-FRIENDLY EVENTS. SO FIRST I'LL JUST SAY WHY WE TALK ABOUT NEUROINCLUSION AND NOT AUTISM. MOST AUTISTIC ADULTS AND CHILDREN HAVE MORE THAN ONE NEURODIVERSITY. SO, FOR EXAMPLE, MY DAUGHTER WAS DIAGNOSED WITH AUTISM, BUT LATER IN LIFE SHE WAS ALSO DIAGNOSED WITH ADHD. SO SHE HAS ADHD. A LOT OF NEURODIVERGENT ADULTS ARE AUTISTIC AND DYSLEXIC OR THEY HAVE AUTISM AND TOURETTE'S OR TOURETTE'S AND DYSLEXIA OR OCD OR AUTISM AND EPILEPSY. SO IT'S VERY COMMON TO HAVE MORE THAN ONE NEURODIVERSITY. ALSO, WHEN WE TALK ABOUT AUTISM, WE'RE TALKING ABOUT ONE IN 31. WHEN WE SPEAK ABOUT NEURODIVERSITY BECAUSE NEUROLOGICAL DELAY INCLUDES [02:55:03] AUTISM, DOWNS, EPILEPSY, TOURETTE'S, ADHD, ALL OF THOSE. EXCEPTIONALITIES, IN THE MIDDLE OF THE SPECTRUM, WE HAVE NEUROLOGICAL BRAIN INJURIES. SO PEOPLE WHO HAVE INJURIES THAT LEAD TO NEURODIVERSITY. AND THEN ON THE OTHER SIDE OF THE SPECTRUM, WE HAVE INDIVIDUALS THAT HAVE DEMENTIA OR ALZHEIMER'S. ALTOGETHER, THE HUMAN BEINGS THAT ARE NEURODIVERSE IN THE STATE OF FLORIDA ARE ONE IN FIVE. THEY'RE NOT OUTLIERS. THEY'RE NOT A SMALL GROUP OF PEOPLE. THEY'RE ACTUALLY A VERY LARGE GROUP OF PEOPLE. AND A LOT OF THE WORK THAT I DO ALSO HELPS. PEOPLE WHO HAVE DEMENTIA AND HAVE ALZHEIMER'S. BECAUSE WHILE MOST FAMILIES THINK THAT THE FIRST MARKER IS FORGETFULNESS, ACTUALLY THE FIRST MARKER FOR MORE THAN 89% OF THEM IS SENSORY OVERLOAD. SO WHEN YOU HAVE SENSORY FRIENDLY ACTIVITIES, THAT ACTUALLY HELPS EVERYONE. AND I WILL TELL YOU, AS I MENTIONED IN THE TOOLKIT, IT ISN'T JUST WONDERFUL FOR PEOPLE WHO ARE NEURODIVERSE, EVEN NEUROTYPICAL PEOPLE LIKE MYSELF APPRECIATE WHEN YOU TURN DOWN THE VOLUME A LITTLE BIT. AND TURNED ON THE LIGHTS. SO ONE OF THE EXAMPLES THAT I GIVE IS THE YOUTH FAIR. WE'VE BEEN WORKING WITH THE YOUTH FAIR FOR SEVERAL YEARS. THEY STARTED WITH UMNSU CARD. THEY DID A SENSORY ROOM AND A SOCIAL STORY. THE NEXT YEAR WE DID A MAP THAT HAD SENSORY-FRIENDLY SPACES, AND THIS YEAR WE DID SENSORY-FRIENDLY HOURS EVERY SATURDAY AND SUNDAY FROM 12 TO 3. SO IT IS PROGRESSIVE. IT'S NOT SOMETHING THAT YOU DO FROM ONE DAY TO ANOTHER. I KNOW THAT YOU ALL HAVE DONE A LOT OF THIS WORK, AND I WANT TO THANK YOU FOR THAT, BUT IT IS AN ONGOING PROCESS. SO THE IDEA OF THIS TOOLKIT IS TO GIVE YOU IDEAS ON HOW TO DO IT. YOU DON'T HAVE TO HIRE A CONSULTANT. YOU KNOW, WE'VE DONE THIS WORK AS PILOTS IN THE COUNTY. SO WITH UM-NSU CARD, MIAMI-DADE COUNTY HAS ALREADY TRAINED 4,128 FIRST RESPONDERS, LOWERING THE AMOUNT OF BAKER ACTS AND UNNECESSARY ARRESTS DRAMATICALLY. IT'S SO IMPORTANT FOR OUR FAMILIES TO KNOW THAT PEOPLE WHO ARE COMING AT A POINT OF CRISIS KNOW HOW TO DEAL WITH THEIR NEURODIVERGENT ADULTS. ONE OF THE EXAMPLES THAT I GET, I’VE HAD A POLICE OFFICER FROM THE SHERIFF'S DEPARTMENT CALL ME AND TELL ME THAT THEY WERE IN NORTH MIAMI-DADE AND THEY WERE RESPONDING TO A 911. THEY KNOCKED ON THE DOOR AND THE MOTHER OPENED THE DOOR A LITTLE BIT AND SAID, HAVE YOU TAKEN COMMISSIONER REGALADO'S AUTISM TRAINING? AND THE POLICE OFFICER WAS LIKE, I AM RESPONDING TO A 911. AND SHE WAS LIKE, YES, BUT HAVE YOU TAKEN IT? AND HE SAID, YES, I HAVE. AND SHE SAID, YOU CAN COME IN NOW. BECAUSE SHE WAS SCARED THAT IN RESPONSE TO THE 911, HER SON WAS GOING TO BE UNNECESSARILY BAKER-ACTED OR ARRESTED. SO WE TALK ABOUT EMPLOYMENT, AND THAT'S PART OF THE WORK THAT I DO. AND OBVIOUSLY, OCTOBER, WE REALLY HIGHLIGHT THAT. BUT THERE ARE MANY BARRIERS TO EMPLOYMENT, NOT GETTING AN ID. HOW DO YOU GET AN ID? WE HAVE WORKED WITH THE TAX COLLECTOR, AND WE ACTUALLY HAVE... NEURO-INCLUSIVE DAYS AT THE TAX COLLECTOR'S OFFICE DOWNTOWN WHERE ALL OF OUR FAMILIES CAN GO AND GET IDS. THE STATE OF FLORIDA RECENTLY CHANGED THE LAW SO THAT YOU CAN ADD YOUR DISABILITY VOLUNTARILY TO YOUR FLORIDA ID AND YOU CAN GET A FLORIDA ID STARTING AT FIVE YEARS OLD. SO THERE IS A WORLD IN WHICH AUTISTIC CHILDREN AND ADULTS HAVE A FLORIDA ID AND THEY COULD USE IT AND THAT COULD BE ONE OF THE MANY WAYS THAT AS ELECTED OFFICIALS WE CAN HELP THEM COME INTO THESE PUBLIC SPACES. I ALSO WANTED TO TELL YOU A LITTLE BIT ABOUT COUNTYWIDE PROGRAMS THAT WE HAVE. SO AT MIAMI-DADE, WE'VE TRAINED ALL OF OUR TRANSIT WORKERS AND EVERYONE AT OUR AIRPORT. THIS IS THE SUNFLOWER LANYARD. THIS IS FOR INVISIBLE DISABILITIES, AND IT JUST GIVES SOMEONE A HEADS UP THAT IF THEY SEE THIS, THAT THEY MIGHT WANT TO APPROACH AND THAT THEIR APPROACH MIGHT BE A LITTLE BIT DIFFERENT THAN A NEUROTYPICAL APPROACH. THIS IS ALSO USED, LIKE I SAID, FOR... PEOPLE WHO HAVE DEMENTIA AND ALZHEIMER'S, AND IT'S A VERY SUBTLE WAY TO SAY THAT SOMEONE MIGHT NEED A LITTLE BIT OF ASSISTANCE. WE HAVE THIS IN OUR AIRPORTS. I GIVE THEM AWAY. THE AIRPORT GIVES THEM AWAY. AND AT THE AIRPORT, WHICH IS IN THE TOOLKIT, WE HAVE MIA AIR, WHICH IS A DRESS REHEARSAL THAT'S AVAILABLE TO ALL RESIDENTS OF MIAMI-DADE COUNTY, IF YOU LOVE A NEURODIVERGENT PERSON, WHERE WE WALK THEM THROUGH THE PROCESS OF BOARDING A PLANE WITHOUT ACTUALLY FLYING. THEY COME TO THE AIRPORT. THEY GET A BOARDING PASS. THEY GO THROUGH TSA. THEY BOARD THE PLANE, THEY MEET THE PILOT, AND THEN WE SHOW THEM WHERE OUR SENSORY ROOMS ARE. AND THAT WAY, WHEN THEY GO TO FLY WITH THEIR FAMILIES OR EVEN IF THEY GO ALONE, IT'S NOT AN OVERWHELMING EXPERIENCE. IT COMES WITH SOCIAL STORIES IN ENGLISH AND SPANISH, AND WE ACTUALLY CONNECT THE CAREGIVERS WITH TSA CARES. SO THIS IS ONE OF THE MANY PROGRAMS THAT WE'VE ESTABLISHED AT THE COUNTY THAT REALLY LEANS INTO INCLUSION. EVERYTHING THAT I HAVE DONE IS WITHIN OUR EXISTING SYSTEMS. I HAVEN'T CREATED ANYTHING. HAVEN'T CREATED ANY JOBS. THIS IS NOT AN ECONOMIC OPPORTUNITY. THIS IS ABOUT REALLY GIVING SPECIFICS TO WHAT INCLUSION IS. I THINK INCLUSION IS LIKE HAPPINESS. YOU KNOW, WE ALL WANT [03:00:02] TO BE HAPPY, RIGHT? BUT HOW DO YOU GET THERE? WHAT DOES THAT MEAN FOR YOU? SO WHAT THIS TRIES TO DO IS, AT LEAST FROM THE PUBLIC SECTOR SIDE, TRY TO EXPLAIN WHAT INCLUSION LOOKS LIKE AND HOW WE CAN EMBED IT IN OUR EXISTING SYSTEMS TO MAKE EVERYONE FEEL WELCOMED. OUR FAMILIES HAVE A TENDENCY TO STAY HOME, TO NOT COME OUT. TO NOT CONGREGATE, AND WE'RE SEEING THEM WITH THESE NEW EVENTS AND THESE OPPORTUNITIES REALLY COMING OUT. I’M HOSTING A FAIR ON SATURDAY AT TEMPLE BETH AM IN PINECREST. WE'RE GOING TO HAVE THE SHERIFF THERE WITH THE DECAL AND THE REGISTRATION. THE REGISTRATION IS FOR EVERYONE IN MIAMI-DADE COUNTY. IT ALLOWS YOU AS A CAREGIVER TO REGISTER A NEURODIVERGENT PERSON THAT LIVES IN YOUR HOME AND TO GIVE SPECIFIC INSTRUCTIONS ABOUT THEIR NEEDS, IF THEY'RE VERBAL, IF THEY'RE NONVERBAL, WHAT THEIR SPECIFIC DE-ESCALATION IS, AND WHAT THE OFFICER OR FIREFIGHTER SHOULD KNOW WHEN THEY KNOCK ON YOUR DOOR. THAT IS AVAILABLE TO EVERYONE'S 911. IT'S VOLUNTARY. AND THIS YEAR, THE SHERIFF HAS ADDED VEHICLE REGISTRATIONS. SO NOW WHEN YOU REGISTER YOUR VEHICLE, YOU CAN ALSO ADD THAT A NEURODIVERGENT PERSON MAY BE IN THAT VEHICLE AND WHAT THEIR SPECIFIC NEEDS ARE SO THAT WHEN YOU'RE STOPPED, EVERYONE IS AWARE. BECAUSE THE CAREGIVER MAY NOT BE THERE OR A CAREGIVER MAY NOT BE AT THAT MOMENT BE ABLE TO COMMUNICATE IN FRONT OF THE PERSON WHAT IS THE BEST WAY TO DE-ESCALATE. SO THOSE ARE SOME OF THE MANY TOOLS THAT ARE IN THE TOOLKIT. I'LL PASS IT AROUND. IT WAS EMAILED TO YOU. I’M HERE TO HELP. I WOULD LOVE TO SEE MORE ADULT PROGRAMMING IN MIAMI BEACH. IF I HAD A MAGIC WAND, THAT WOULD BE MY ASK. YOU ALL DO SO MUCH, BUT WE HAVE A HUGE NEED FOR ADULT PROGRAMMING. UNFORTUNATELY, OUR HEALTH CARE SYSTEM IS CREATED FOR ELDERLY PEOPLE. SO OUR SYSTEM PUSHES PEOPLE TOWARDS GETTING SOMEONE TO TAKE CARE OF THEM AT HOME. AND IF YOU'RE AN ELDERLY PERSON AND THE REMAINDER OF YOUR LIFESPAN IS 5, 7, 10, 11 YEARS, THAT'S GREAT. BUT WHEN YOU GRADUATE OUR KIDS TO THE COUCH, WHEN AT 22, THEY GO FROM A STRUCTURED ENVIRONMENT, AN EDUCATIONAL SYSTEM TO THE COUCH, WHAT YOU'RE SAYING IS THAT THEY'RE GOING TO BE HOME FOR 40, 45, 50, 60 YEARS. SO THINK ABOUT THAT. I KNOW THAT IT'S A LOT, YOU KNOW, WHEN WE TALK ABOUT ADULT PROGRAMMING, BUT THERE REALLY IS SUCH AN AMAZING NEED AND IT CAN BE CO-LOCATED. WITH VOCATIONAL TRAINING, WITH EMPLOYMENT OPPORTUNITIES. AND REMEMBER, OUR CHILDREN HAVE A NEUROLOGICAL DELAY. SO UNLIKE THE ELDERLY THAT WE'RE TRYING TO KEEP THEM FROM GETTING WORSE, OUR KIDS GET BETTER. THEY GET BETTER WITH INTERVENTION. THEY GET BETTER WITH SUPPORT. AND WHILE YOU MAY HAVE A CHILD NOW AT 22, LIKE MY DAUGHTER, WHO'S IN A VOCATIONAL PROGRAM BUT IS NOT READY TO WORK, IN FIVE YEARS, IN SEVEN YEARS, IN TEN YEARS, SHE WILL BE. AND THAT'S WHAT WE'RE ALL MOVING TOWARDS. AND WE ALSO HAVE A LOT OF ADULTS THAT NEED LESS RESOURCES, BUT THEY STILL NEED ACCOMMODATIONS. AND AT THE COUNTY, I’VE CREATED OPPORTUNITIES FOR THEM. WE'RE CHANGING THE WAY THAT WE HIRE. INSTEAD OF JUST POSTING ON LINKEDIN AND TELLING PEOPLE, YOU KNOW, THAT THEY HAVE TO MAKE EYE CONTACT AND COMMUNICATE WELL, WE ALLOW THEM TO COME IN AND ACTUALLY PERFORM THE TASK. AND THAT'S A WAY, A VERY EASY WAY, WHERE YOU GIVE A NEURODIVERGENT PERSON THE OPPORTUNITY TO WORK. SO I’M HERE TO HELP. I WANT TO THANK YOU ALL FOR YOUR SUPPORT AND FOR THE OPPORTUNITY AND TO ANSWER ANY AND ALL QUESTIONS THAT YOU MAY HAVE. SO THANK YOU. THANK YOU, COMMISSIONER REGALADO, AND THANK YOU FOR ALL THE HARD WORK YOU DO ON THIS. IT IS AN IMPORTANT ISSUE. WE ALL KNOW INDIVIDUALS LIKE YOURSELF WHO LIVE WITH THIS EVERY SINGLE DAY AND CARE FOR THEIR LOVED ONES, AND IN MOST CASES, KIDS. I HAVE SO MANY FRIENDS WHO ARE GRAPPLING WITH THIS ISSUE. SO HIGHLIGHTING IT, EDUCATING PEOPLE. BUT ALSO TAKING CONCRETE STEPS AND ACTIONS THAT YOU'RE TALKING ABOUT IS IMPERATIVE. SO THANK YOU. THANK YOU. AND I'LL SAY I WOULD HAVE GIVEN ANYTHING 15 YEARS AGO FOR MY KIDS TO BE NEUROTYPICAL. I WOULDN'T CHANGE THEM TODAY. THEY HAVE MADE ME A BETTER PERSON. THEY'RE AMAZING HUMAN BEINGS. AND I KNOW THAT IT'S HARD WHEN THEY'RE LITTLE. MY SON WAS A RUNNER. MY DAUGHTER WAS NONVERBAL. IT'S REALLY CHALLENGING WHEN THEY'RE VERY YOUNG. BUT FOR ALL THE PARENTS, IT DOES GET EASIER. AND OBVIOUSLY, IT TAKES A VILLAGE. SO WHEN YOU LIVE IN A COMMUNITY THAT REALLY LEANS IN, IT MAKES IT SO MUCH EASIER. I HAVE COMMISSIONER FERNANDEZ, COMMISSIONER BOND. AND THANK YOU, COMMISSIONER, FOR YOUR LEADERSHIP IN THIS. I THINK THE GREAT THING ABOUT THIS IS IT'S NOT JUST GENERAL STATEMENTS. THIS IS AN ACTUAL TOOLKIT THAT YOU HAVE PUT TOGETHER THROUGH YOUR YEARS OF PUBLIC SERVICE THAT COMMUNITIES CAN MODEL THEMSELVES AFTER. AND I THINK, YOU KNOW. THAT CLEAR SHIFT, THOSE MEANINGFUL POLICIES ON SIGNAGE, [03:05:02] ON SENSORY AWARE PUBLIC SPACES, ON THE IN-PERSON INTERACTION THAT YOU WERE JUST MENTIONING IS SO IMPORTANT. I THINK FOR US AS A DESTINATION, NOT ONLY ARE WE A GREAT COMMUNITY FOR OUR FULL-TIME RESIDENTS, BUT LIKE MOST OF MIAMI-DADE COUNTY, WE'RE ALSO VERY TOURISM DRIVEN. AND IN ORDER TO BE A HOSPITABLE COMMUNITY, WE NEED TO MAKE SURE THAT WE'RE PROPERLY TRAINING OUR HOTELS. RESTAURANTS, OUR PARK STAFF AND OUR POLICE DEPARTMENTS AND HOW TO HANDLE THIS. AND I KNOW OUR POLICE DEPARTMENT ACTUALLY HAS BEEN VERY MUCH INVOLVED IN THESE EFFORTS AND TRAINING AND TRAINING THEIR STAFF. BUT THIS IS SUCH A GREAT INITIATIVE PART OF A I THINK A BROADER COMMITMENT TO THE DIVERSITY OF OUR CITY WHICH IS IN PART MAKING SURE THAT EVERY RESIDENTS CAN NAVIGATE OUR CITY SERVICES, CAN VISIT OUR RESTAURANTS, CAN VISIT OUR HOTELS, AND FEEL COMFORT, FEEL CLARITY, FEEL RESPECT. AND SO I JUST WANT TO THANK YOU. THANK YOU FOR THIS EFFORT. I LOVE THE TOOLKIT. I LOVE THAT YOU'RE MAKING THIS AVAILABLE TO ELECTED OFFICIALS THROUGHOUT THE STATE SO THAT WE CAN MIMIC THESE POLICIES. AND AS YOU MENTIONED, I THINK WE HAVE SO MUCH GREAT OPPORTUNITY TO WORK ON MORE PROGRAMMING HERE. AND ENGAGING OUR BUSINESS COMMUNITY SO THAT SO NOT ONLY ARE WE TRULY A DIVERSE AND AN INCLUSIVE COMMUNITY FOR WHAT WE THINK OF TRADITIONALLY BUT ALSO THE BROADER SECTOR PEOPLE WHO JUST SEE THE WORLD A LITTLE BIT DIFFERENTLY AND WE CAN DO SO MUCH UH TO HELP THEM FEEL A LITTLE BIT BETTER IN OUR COMMUNITY THEY WERE ONE OF MY FIRST PARTNERS. I WON'T REVEAL ANYTHING, BUT THERE MIGHT BE THE FIRST HOTEL WHERE EVERYONE HAS BEEN TRAINED IN MIAMI BEACH. SO STAY TUNED. THERE'S A LOT OF THINGS THAT WE'RE WORKING ON IN THAT SPACE. THERE'S GOING TO BE A ROLLOUT SPECIFICALLY FOR THAT IN OCTOBER. SO OCTOBER IS DISABILITY MONTH. ONE OF THE THINGS THAT I MENTIONED IN THE TOOLKIT IS USING APRIL AND OCTOBER AS GOAL SETTING MOMENTS, NOT JUST PERFORMATIVE MOMENTS. AND OCTOBER FOR US IS GOING TO BE A BIG ONE WHERE WE TALK ABOUT WHAT WE'VE BEEN DOING IN TERMS OF AUTISM-FRIENDLY SPACES. WE HAVE A LOT OF MUSEUMS THAT HAVE BEEN DOING THAT, AND WE'RE GOING TO ROLL OUT A LOT OF SPECIAL THINGS SO THAT PEOPLE KNOW WHERE TO GO, RIGHT, THAT HAS ACTUALLY DONE THIS TRAINING AND WHERE THEY'VE FOCUSED ON MAKING THIS A PRIORITY BECAUSE OUR FAMILIES DO HAVE ECONOMIC POWER, AND THEY ARE ASKING THE QUESTIONS, RIGHT? WHERE CAN WE GO? HOW DO WE GET THERE? AND THAT'S SOMETHING THAT I THINK IS ONE OF THE THINGS THAT WE'RE SEEING AS THIS COMMUNITY GROWS. AND I WOULD LOVE TO HAVE MIAMI BEACH LEAD ON THAT. AND UMNSU CARD IS A WONDERFUL PARTNER FOR YOU ALL. YOU KNOW, WE DO A LOT OF THE TRAINING WITH THEM. THE ONE THAT WE DID, WE'VE TRAINED ALL OF OUR POLICE OFFICERS, FIREFIGHTERS, PARKS, TRANSIT, AND LIBRARIES. SO IT'S BEEN AN ENORMOUS TRAINING EFFORT AND MIAMI-DADE COUNTY, AND I WILL TELL YOU WHEN I TALK ABOUT TRAINING AS INFRASTRUCTURE IN THE TOOLKIT, NOT ONLY DOES IT MAKE THE CUSTOMER EXPERIENCE LIFE-CHANGING FOR PARENTS AND CAREGIVERS AND INDIVIDUALS, BUT IT ALSO SENDS A MINI-AMBASSADOR BACK TO EVERY HOME AND EVERY BUSINESS. BECAUSE EVERYONE THAT'S BEEN TRAINED WITH OUR TRAINING, NOW THEY BECOME THE ADVOCATE AND THAT'S A MULTIPLIER. AND WHEREVER THEY GO, EVERY TIME THEY GO SOMEWHERE, EVERY TIME THEY SEE SOMEONE, THEY EDUCATE THEM. SO IT REALLY IS AN OPPORTUNITY FOR US. YOU KNOW, TO YOUR POINT, MIAMI-DADE COUNTY IS KNOWN FOR DIVERSITY, CULTURAL DIVERSITY, ETHNIC DIVERSITY, RIGHT? THERE IS A WORLD, RIGHT, IN WHICH WE ALSO BECOME THE MECCA FOR INTELLECTUAL DIVERSITY BECAUSE OUR KIDS JUST THINK DIFFERENT. THAT'S ALL. AND THERE'S SO MUCH STEREOTYPE IN THIS ARENA. BUT WHEN YOU GET TO MEET THESE INDIVIDUALS, THEIR TALENT, THEIR CREATIVITY. AMAZING ABILITIES. TRULY, TRULY INCREDIBLE ABILITIES THAT THEY HAVE TO CONTRIBUTE BACK TO SOCIETY, BUT OFTENTIMES THEY'RE PREJUDGED AND THEY'RE STEREOTYPED BY INDIVIDUALS WHO JUST DON'T KNOW BETTER. AND IT'S INCUMBENT UPON US TO HELP MAKE THAT SHIFT IN SOCIETY. I THINK THAT THAT'S... THAT'S WHERE A LOT OF THESE TRAININGS AND A LOT OF THESE TOOLKITS AND CREATING OPPORTUNITIES FOR THE ENGAGEMENT AND OFTENTIMES PUTTING IN INDIVIDUALS WITH THESE NEURAL DIVERGENT ISSUES IN PLACES WHERE THEY'RE FRONT-FACING, ENGAGING [03:10:02] WITH PEOPLE. SO THAT'S WHAT THE GREETER MIAMI VISITORS AND CONVENTION BUREAU DID. THEY ACTUALLY HIRED SOME OF OUR GRADUATES FROM EASTERSEALS TO BE GREETERS AT MANY OF THEIR EVENTS, AND IT WAS LOVELY. BECAUSE THEY REALLY GAVE A FACE TO IT. EASTER SEALS ALSO HAS LIKE A COFFEE CART THAT THEY TAKE TO CORPORATE EVENTS. AND THEN THEY HAVE THE GRADUATES SERVE COFFEE AND TALK ABOUT AUTISM. WE HAVE A LOT OF PROGRAMS THAT ARE DOING A LOT OF IN-COMMUNITY SERVICE WHERE YOU CAN INVITE THEM TO A LOT OF YOUR EVENTS. AND THEY DO THE EDUCATION FOR YOU. IN OUR POLICE TRAINING AND IN OUR PARKS TRAINING, WE ACTUALLY TOOK AUTISTIC ADULTS THAT EXPLAIN TO COUNTY EMPLOYEES. WHAT THEIR INTERACTION WAS LIKE AND WHAT THEIR EXPERIENCE WAS LIKE. SO, YEAH, THANK YOU. COMMISSIONER BACH. THANK YOU COMMISSIONER REGALADO. I WILL NOT TAKE UP MORE OF YOUR TIME BUT I WANT TO SAY TWO QUICK THINGS. ONE IS A QUESTION WHICH YOU DON'T NEED TO ANSWER HERE BUT I WANT TO PUT IN YOUR MIND TO SEE IF THERE THIS INFORMATION EXISTS. YOU SAID SOME OF THE NEURODIVERGENCY COMES FROM TRAUMATIC BRAIN INJURY AND I WOULD LOVE TO KNOW IF THERE IS A DATA SET THAT YOU CAN ACCESS OR UM HAS OR WHATEVER IF WE'VE SEEN A SPIKE IN THAT OR A TREND LINE GOING UP AS WE'VE SEEN AN INCREASE AND MICRO MOBILITY ADOPTION IN THE COUNTY. BECAUSE IT'S SOMETHING I’M WORKING ON, AND I KNOW THAT PEOPLE ARE GOING TO THE HOSPITAL AND SOMETIMES SURVIVING AND SOMETIMES NOT WITH TRAUMATIC BRAIN INJURIES, AND I THINK THAT WOULD BE A REALLY VALUABLE DATA POINT FOR A LOT OF THINGS THAT WE'RE DOING HERE IN THE CITY AND IN THE COUNTY. I CAN GET YOU THAT. I REPRESENT KEY BISCAYNE. OKAY, AWESOME. SO YOU FEEL ME. I FEEL YOU. AND THEN THE OTHER THING IS, AND I’M GOING TO POP OFF AND GIVE YOU MY CARD, BUT SO YOU MAY OR MAY NOT KNOW THAT WE ARE TRANSITIONING MIAMI BEACH INTO THE HEALTH AND WELL-BEING CAPITAL OF THE WORLD. AND A BIG PART OF THAT, I MEAN, ALL OF MY COLLEAGUES, EVERY SINGLE ONE OF US UP HERE HAS BEEN A BIG PART OF THAT. BUT, AND, NOT BUT, AND. SORT OF THE OVERARCHING UMBRELLA FOR THAT OR ONE OF THE LEGS OF THAT STOOL, DEPENDING ON WHICH ANALOGY YOU WANT TO USE, IS THE BLUE ZONES INITIATIVE. AND A BIG PART OF THE BLUE ZONES INITIATIVE IS COMMUNITY AND CONNECTING PEOPLE WHO OTHERWISE WOULD BE LEFT OUT. AND WE TALK ABOUT IT WITH SENIORS OR WE TALK ABOUT IT WITH YOUNG ADULTS WHO DON'T HAVE FAMILIES WHO ARE PLUGGED INTO THE SCHOOL SYSTEM. I THINK THIS IS A BRILLIANT ELEMENT OF INCLUSION THAT HADN'T REALLY CROSSED. THE TRANSOM YET, BUT I AM GOING TO REACH OUT TO YOU BECAUSE IT FITS IN SO WELL. AND THERE'S SO MUCH FOR NEURODIVERGENT FAMILIES TO DO HERE IN A SCALE THAT IS NOT OVERWHELMING, LIKE IT'S NOT GOING TO BRICKLE OR YOU HAVE TO DRIVE FOR THREE HOURS TO GET HERE. IT'S CLOSE. IT'S EASY. IT'S LOW SCALE. YOU CAN DIP IN AND DIP OUT. SO I THINK WE ARE GOING TO HAVE A LOT TO TALK ABOUT. AND I APOLOGIZE IN ADVANCE, BUT IT'S VERY EXCITING. NOW, I WOULD LOVE TO WORK WITH YOU ON IT. IN TOOLKIT IS ALSO THE TRAINING THAT WE DID WITH JACKSON HEALTH SYSTEMS. SO THERE'S A WHOLE HEALTH CARE COMPONENT AND HEALTH CARE TRAINING TOO, SPECIFICALLY AT EMERGENCY ROOMS AND URGENT CARES. SO THERE'S A LOT OF DIFFERENT COMPONENTS TO IT, BUT THERE IS VERY SIMPLE THINGS THAT CAN BE DONE TO MAKE EVENTS SENSORY FRIENDLY, AND THAT HELPS EVERYONE. THERE'S A LOT OF EXISTING RESOURCES THAT ARE VERY EASY TO MIMIC, LIKE SOCIAL STORIES. ALL YOU NEED IS LIKE A FEW PICTURES, AND THERE'S A PDF, AND YOU'RE GOOD TO GO. AND THAT REALLY REDUCES THE ANXIETY. AND IT'S A LOT OF EASY THINGS, AND THE IDEA BEHIND THE TOOLKIT WAS TO DO JUST THAT, FOR EVERYONE TO INCORPORATE IT IN THEIR EXISTING POLICY AND TO NOT HAVE TO HIRE A CONSULTANT TO DO IT, TO JUST KIND OF LIKE STEP INTO IT AND DO WHAT YOU FEEL COMFORTABLE WITH AND BUILD ON THAT. SO THANK YOU. THANK YOU. THANK YOU, COMMISSIONER REGALADO. WE'RE LOOKING FORWARD [R7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING ISSUANCE OF NOT TO EXCEED $160,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI BEACH, FLORIDA RESORT TAX REVENUE REFUNDING BONDS, SERIES 2026, FOR THE PURPOSE OF REFUNDING ALL OR A PORTION OF THE OUTSTANDING SERIES 2015 BONDS, AND PAYING COSTS OF ISSUANCE AND REFUNDING, PURSUANT TO SECTION 304(H) OF RESOLUTION NO. 2015-29175 ADOPTED BY THE COMMISSION ON OCTOBER 14, 2015; PROVIDING THAT SAID SERIES 2026 BONDS AND INTEREST THEREON SHALL BE PAYABLE SOLELY FROM PLEDGED FUNDS; PROVIDING CERTAIN DETAILS OF THE SERIES 2026 BONDS; DELEGATING OTHER DETAILS AND MATTERS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2026 BONDS AND THE REFUNDING OF THE SERIES 2015 BONDS TO BE REFUNDED TO THE CITY MANAGER, INCLUDING WHETHER TO SECURE A CREDIT FACILITY, WITHIN THE LIMITATIONS AND RESTRICTIONS STATED HEREIN; AUTHORIZING A BOOK-ENTRY REGISTRATION SYSTEM FOR THE SERIES 2026 BONDS; AUTHORIZING THE NEGOTIATED SALE AND AWARD OF THE SERIES 2026 BONDS TO THE UNDERWRITERS WITHIN THE LIMITATIONS AND RESTRICTIONS STATED HEREIN; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING THE FORM OF AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE OFFICIAL STATEMENT; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF THE SERIES 2026 BONDS AND CREATING CERTAIN FUNDS AND SUBACCOUNTS; AUTHORIZING THE REFUNDING AND REDEMPTION OF THE SERIES 2015 BONDS TO BE REFUNDED; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE SERIES 2026 BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO AND APPOINTING A DISCLOSURE DISSEMINATION AGENT; APPOINTING A PAYING AGENT AND REGISTRAR FOR THE SERIES 2026 BONDS; AUTHORIZING OFFICERS AND EMPLOYEES OF THE CITY TO TAKE ALL NECESSARY ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2026 BONDS AND THE REFUNDING OF THE SERIES 2015 BONDS TO BE REFUNDED AND OTHER RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE.] TO WORKING WITH YOU AND PARTNERING WITH YOU ON THIS. SAME. AND THANK YOU SO MUCH FOR ALWAYS BEING SO SUPPORTIVE. I REALLY APPRECIATE IT. HAVE A LOVELY DAY. YOU TOO. CALL R7R. R7R IS AUTHORIZED ISSUANCE OF RESORT TAX REVENUE REFUNDING BOND SERIES 2026 R7R. I MOVE THE ITEM. MOTION BY COMMISSIONER FERNANDEZ, SECONDED BY COMMISSIONER SUAREZ. ANY DISCUSSION? HEARING NONE, MAY I CALL A VOTE? CALL THE VOTE. R7R, ALL IN FAVOR PLEASE SAY AYE. AYE. CAN WE JUST GET ON THE RECORD FOR WHAT WE'RE DOING AND WHAT WE'RE SAVING? SURE I'LL BE QUICK. THANK YOU. JASON GREEN, CITY'S CHIEF FINANCIAL OFFICER. SO WE HAVE A AN OPPORTUNITY TO REFUND THE ORIGINAL 2015 RESORT TAX BONDS WHICH WERE ISSUED BACK IN DECEMBER OF 2015. AS OF THE END OF THE PRIOR FISCAL YEAR ABOUT 156 MILLION DOLLARS OUTSTANDING. THROUGH THIS REFUNDING OPPORTUNITY WE WILL NOT BE EXTENDING THE LIFE OF THE BOND SO IT'LL STILL BE PAID OFF AT THE SAME TIME FRAME. BUT THROUGH THIS REFUNDING, WE ARE PROJECTING APPROXIMATELY AN 8.5% NET PERCENT VALUE SAVINGS OF $13.3 MILLION. SO ON AN ANNUAL BASIS, IT LOOKS [03:15:01] LIKE OUR EARLY PROJECTIONS, YOU WON'T KNOW, OBVIOUSLY, THAT WE GO OUT TO MARKET, BUT WE'RE LOOKING AT JUST SHY OF A MILLION DOLLARS A YEAR IN SAVINGS. INCREDIBLE. THANK YOU, JASON. THANK YOU. ALL IN VOTE? [R5 A ADMINISTRATIVE REVIEW OF TEMPORARY SURFACE PARKING LOTSAN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE BY AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE V, ENTITLED “REZONINGS AND DEVELOPMENT APPROVALS,” SECTION 2.5.3, ENTITLED “DESIGN REVIEW,” SUBSECTION 2.5.3.3 THEREOF, ENTITLED “ADMINISTRATIVE DESIGN REVIEW,” TO EXTEND THE PLANNING DIRECTOR’S AUTHORITY TO ADMINISTRATIVE REVIEW OF ELIGIBLE TEMPORARY SURFACE PARKING LOTS; BY AMENDING ARTICLE XIII, ENTITLED “HISTORIC PRESERVATION,” SECTION 2.13.7 THEREOF, ENTITLED “ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION,” TO EXPAND ADMINISTRATIVE REVIEW AUTHORITY FOR TEMPORARY SURFACE PARKING LOTS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.] I DID. EVERYONE WAS IN FAVOR? IT WAS A MOTION BY COMMISSIONER FERNANDEZ, SECONDED BY COMMISSIONER SUAREZ. 7-0. EXCELLENT. THANK YOU. LET'S TRY TO CALL A COUPLE OF, HOPEFULLY, QUICK ITEMS BEFORE THE LUNCH BREAK. R5A. THAT WAS A HINT. R5A IS IN ORDER TO THE MAYOR, CITY COMMISSIONER, CITY OF MIAMI BEACH, FORT. I AM ENDING THE MIAMI BEACH RESILIENCY CODE. I AM ENDING CHAPTER 2, INTELLIGENT ADMINISTRATION AND REVIEW PROCEDURES, ARTICLE 5, INTELLIGENT REZONING AND DEVELOPMENT APPROVAL, SECTION 2.5.3, INTELLIGENT DESIGN REVIEW SUBSECTION. 2.5.3.3, THEREOF, ENTITLED ADMINISTRATIVE DESIGN REVIEW TO EXTEND THE PLANNING DIRECTOR'S AUTHORITY TO ADMINISTRATIVE REVIEW OF ELIGIBLE TEMPORARY SURFACE PARKING LOTS BY AMENDING ARTICLE 13. ENTITLED HISTORIC PRESERVATION SECTION 2.13.7, THEREOF, ENTITLED ISSUANCE OF CERTIFICATE OF APPROPRIATENESS, CERTIFICATE TO DIG, CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION TO EXPAND ADMINISTRATIVE REVIEW AUTHORITY FOR TEMPORARY SURFACE PARKING LOTS PROVIDED FOR CODIFICATION REPEATERS OF ABILITY ON EFFECTIVE DATE. THIS IS A SECOND READING PUBLIC HEARING. IF THE ITEM REQUIRES FIVE-SEVENTHS VOTE, IT IS ITEM R5A. COMMISSIONER FERNANDEZ. I MOVE MY ITEM. SECOND. TOM, I JUST HAVE ONE QUESTION. WHEN YOU GIVE APPROVAL FOR THIS, IS THERE A FINITE TIME FRAME, OR IS IT ON A CASE-BY-CASE BASIS? AND WHERE I’M GOING WITH THAT IS I PERSONALLY THINK, ESPECIALLY IN SOME OF OUR MORE VIBRANT AREAS, SURFACE PARKING LOTS ARE JUST THE LOWEST. USE FOR THAT AND I GET THAT IT COULD BE A NECESSARY OR BENEFICIAL TEMPORARY SITUATION BUT WHAT I DON'T WANT TO ENCOURAGE IS JUST A FIVE-YEAR TEN-YEAR 15-YEAR 20-YEAR COVERED LAND PLAY IN SOME OF OUR CRITICAL AREAS WHERE IT TAKES AWAY FROM WALKABILITY IT TAKES AWAY FROM IN SANITIZING HOUSING GOING IN PLACE OF THAT SO WHILE I’M FINE WITH THE ADMINISTRATIVE REVIEW IS THIS JUST A PERMANENT APPROVAL OR ARE THERE SOME SORT OF SUNSHINE PROVISIONS? THE CODE ALREADY SETS, I BELIEVE CHAPTER 5 ALREADY SETS A FIVE-YEAR PERIOD WITH UP TO ANOTHER FIVE-YEAR RENEWAL TIME? THAT'S CORRECT, AND THAT'S NOT CHANGING. THAT'S NOT CHANGING. THIS IS THE ONLY THING THAT THE ORDINANCE TOUCHES BECAUSE THAT'S ALREADY SET IN A DIFFERENT PART OF THE CODE. THIS ONLY CHANGES THE APPROVAL PROCESS FOR IT. AND I GUESS THIS ISN'T THE RIGHT FORM TO TALK ABOUT THIS BECAUSE THIS ISN'T THE MEAT AND POTATOES OF THE ISSUE. I JUST HATE THAT IF WE'RE APPROVING A SURFACE PARKING LOT THAT WE'RE GIVING A COVERED LAND PLAY FOR 10 YEARS, RIGHT, BECAUSE YOU'RE ESSENTIALLY TAKING AWAY FOR THE NEXT 10 YEARS INCENTIVE TO DO A HIGHEST AND BEST USE OF THAT LAND. BUT THE MEAT AND POTATOES OF THIS ISSUE I HAVE NO ISSUE WITH. AND I’M HAPPY TO WORK WITH YOU ON SOMETHING IF WE WANT TO GO BACK AND SHOW, YOU KNOW, ON A TEMPORARY BASIS, WE MAY WANT TO ALLOW FOR PARKING. THIS ORDINANCE ADDRESSES THE REVIEW PROCESS, BUT I’M HAPPY TO WORK WITH YOU. OKAY, HOW LONG DO WE WANT THESE APPROVALS TO BE FOR? AND I’M HAPPY TO WORK WITH YOU ON A REVISION ON WHAT WE WANT. IT IS A PUBLIC HEARING. I SEE NO ONE IN ZOOM. AND I SEE NO ONE IN THE AUDIENCE REQUESTING TO SPEAK. MAY I CALL THE ROLL? YES. COMMISSIONER MATEO SALINAS. YES. COMMISSIONER BOTT? YES. COMMISSIONER FERNANDEZ? YES. VICE MAYOR DOMINGUEZ? [R5 B APPENDIX A FEE SCHEDULE MODIFICATION - ADVERTISING FEESAN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX "A" TO THE CODE OF ORDINANCES TO CHANGE THE ADVERTISEMENT FEES FOR PUBLIC NOTICES REQUIRED BY SECTION 2.2.3.5 OF THE RESILIENCY CODE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.] YES. COMMISSIONER MAGAZINE? YES. COMMISSIONER SUAREZ? YES. MAYOR MINER? YES. MOTION CARRIED. THE ITEM IS APPROVED. THAT WAS ITEM R5A. R5B. YOU SAID D AS IN DOG, MAYOR? I’M SORRY, B AS IN BOY. THIS IS AN ORDER FROM THE MAYOR, CITY COMMISSIONER OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A TO THE CODE OF THE... TO THE COURT OF ORDINANCES TO CHANGE THE ADVERTISEMENT FEES FOR PUBLIC NOTICES REQUIRED BY SECTION 2.2.3.5 OF THE RESILIENCY CODE OF PROVIDING FOR REPEALERS OF ABILITY, QUALIFICATION, AND EFFECTIVE DATE. THIS IS A SECOND READING PUBLIC HEARING. IT IS A ITEM R5B. I MOVE BY ITEM. SECOND. I HAVE A MOTION BY COMMISSIONER SUAREZ, SECONDED BY COMMISSIONER FERNANDEZ. IT IS A PUBLIC HEARING. I SEE NO ONE IN ZOOM AND NO ONE IN THE AUDIENCE REQUESTING TO SPEAK. MAY I CALL THE ROLL? YES. VICE MAYOR DOMINGUEZ. YES. COMMISSIONER SUAREZ? YES. COMMISSIONER MATTEL SALINAS? [R5 E SIDE YARD OPEN SPACE REQUIREMENTS IN SINGLE FAMILY DISTRICTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “MIAMI BEACH RESILIENCY CODE,” BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” SECTION 7.2.2, ENTITLED “RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS,” BY MODIFYING THE TWO STORY HOUSE STANDARDS SPECIFIC TO OPEN SPACE REQUIREMENTS FOR SIDE ELEVATIONS OF SINGLE-FAMILY HOMES; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.] YES. COMMISSIONER FERNANDEZ? YES. COMMISSIONER MAGAZINE? YES. COMMISSIONER BACH? YES. MAYOR MINER? YES. ITEM IS APPROVED. THAT WAS R5D. R5E. R5E IS AN ORDER FROM THE MAYOR AND CITY COMMISSIONER OF THE CITY OF MIAMI BEACH BOARD AMENDING THE CODE OF THE CITY OF MIAMI BEACH SUBPART B ENTITLED MIAMI BEACH RESILIENCY CODE BY AMENDING CHAPTER 7 ENTITLED ZONING [03:20:01] DISTRICTS AND REGULATIONS. ARTICLE 2 ENTITLED DISTRICT REGULATIONS. SECTION 7.2.2 ENTITLED RS1, RS2, RS3, RS4 SINGLE FAMILY RESIDENTIAL DISTRICTS BY MODIFYING THE TWO-STORY HOUSE STANDARD SPECIFIC TO OPEN SPACE REQUIREMENTS FOR SIDE ELEVATIONS OF SINGLE FAMILY HOMES AND PROVIDING FOR QUALIFICATION REPEALERS OF ABILITY AND EFFECTIVE BAIT. THIS IS A SECOND READING PUBLIC HEARING. THE ITEM REQUIRES FIVE-SEVENTHS VOTE. IT IS R5E. IT'S BEEN A WHILE SINCE WE DID THIS. CAN YOU JUST GIVE A QUICK BRIEF OVERVIEW OF THIS, PLEASE? SURE. THIS PARTICULAR ITEM WAS APPROVED AT FIRST READING BY THE CITY COMMISSION ON MARCH 18TH, AND IT BASICALLY SIMPLIFIES AND FURTHER FINE-TUNES THE CURRENT REGULATIONS IN SINGLE-FAMILY DISTRICTS THAT REQUIRE... A CERTAIN AMOUNT OF ADDITIONAL OPEN SPACE WITHIN TWO-STORY SINGLE-FAMILY HOME VOLUMES THAT HAVE A DEPTH THAT IS GREATER THAN 60 FEET IN LENGTH. THE PLANNING BOARD ENDORSED THE ITEM, AND THERE WERE NO CHANGES WHEN THE ORDINANCE WAS APPROVED AT FIRST READING. I MOVE BY ITEM. CALL THE VOTE. A MOTION BY COMMISSIONER SUAREZ, SECONDED BY COMMISSIONER FERNANDEZ. IT IS A PUBLIC HEARING, NO ONE IN ZOOM, NO ONE IN THE AUDIENCE REQUESTING TO SPEAK. COMMISSIONER MAGAZINE. YES. COMMISSIONER SUAREZ. YES. COMMISSIONER BOTT? YES. COMMISSIONER FERNANDEZ? ARE WE OFF THERE? MAYOR DOMINGUEZ? [R5 F BICYCLE RIDE SHARE STATION INCENTIVES AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “LAND DEVELOPMENT REGULATIONS,” BY AMENDING CHAPTER 1, ENTITLED “GENERAL PROVISIONS,” ARTICLE II, ENTITLED “DEFINITIONS,” SECTION 1.2.1, ENTITLED “GENERAL DEFINITIONS,” TO CREATE A DEFINITION FOR BICYCLE RIDE SHARE STATION; BY AMENDING CHAPTER 5, ENTITLED “OFF-STREET PARKING,” ARTICLE II, ENTITLED “VEHICLE PARKING, BICYCLE PARKING AND OFF-STREET LOADING REQUIREMENTS,” SECTION 5.2.14, ENTITLED “ALTERNATIVE PARKING INCENTIVES,” BY MODIFYING THE ALTERNATIVE PARKING INCENTIVES TO INCLUDE A PROVISION FOR BICYCLE RIDE SHARE STATIONS; BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE I, ENTITLED “GENERAL TO ALL ZONING DISTRICTS,” SECTION 7.1.11, ENTITLED “RESIDENTIAL USE INCENTIVES,” TO INCLUDE A PROVISION REQUIRING BICYCLE RIDE SHARE STATIONS; BY AMENDING ARTICLE V, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” SECTION 7.5.3, ENTITLED “SUPPLEMENTARY YARD REGULATIONS,” BY AMENDING THE ALLOWABLE SETBACK ENCROACHMENTS TO INCLUDE BICYCLE RIDE SHARE STATIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.] YES. COMMISSIONER MATTEL SOLINAS? YES. YES. AND CARRIES THE ITEM AS APPROVED. THAT WAS ITEM R5E. I KNOW I’M PUSHING MY LUCK NOW, BUT LET'S SEE. R5F. R5F IS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH. SO, PART B, ENTITLED LAND DEVELOPMENT REGULATIONS, BY AMENDING CHAPTER 1, ENTITLED GENERAL PROVISIONS, ARTICLE 02, ENTITLED DEFINITIONS, SECTION 1.2.1, ENTITLED GENERAL DEFINITIONS TO CREATE A DEFINITION FOR BICYCLE RIDE-SHARE STATIONS, BY AMENDING CHAPTER 5, ENTITLED OFF-STREET PARKING, ARTICLE 02, ENTITLED VEHICLE PARKING, BICYCLE PARKING AND OFF-STREET LOADING REQUIREMENTS, SECTION 5.2.14, ENTITLED ALTERNATIVE PARKING INCENTIVES, BY MODIFYING THE ALTERNATIVE PARKING INCENTIVES TO INCLUDE A PROVISION. FOR BICYCLE RIDESHARE STATIONS BY AMENDING CHAPTER 7, ENTITLED ZONING DISTRICTS AND REGULATIONS, ARTICLE 1, ENTITLED GENERAL TO ALL ZONING DISTRICTS, SECTION 7.1.11, ENTITLED RESIDENTIAL USE INCENTIVE, TO INCLUDE A PROVISION REQUIRING BICYCLE RIDESHARE STATIONS BY AMENDING ARTICLE 5, ENTITLED SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 7.5.3, ENTITLED SUPPLEMENTARY YARD REGULATIONS, BY AMENDING THE ALLOWABLE SETBACK ENCROACHMENT TO INCLUDE BICYCLE RIDESHARE STATIONS AND PROVIDING FOR CODIFICATION, REPEAL, OR SERVABILITY ON AN EFFECTIVE DATE. THIS IS A SECOND READING PUBLIC HEARING. THE ITEM REQUIRES 5-7'S VOTE. IT IS R5F. I MOVE MY ITEM. SECOND. CO-SPONSORED BY COMMISSIONER BOTT. SPONSORED BY COMMISSIONER FERNANDEZ. I’D LIKE TO CO-SPONSOR AS WELL. THERE WE GO. SO I HAVE A MOTION BY COMMISSIONER FERNANDEZ, SECONDED BY COMMISSIONER SUAREZ. IT IS A PUBLIC HEARING. I SEE NO ONE IN ZOOM, NO ONE IN THE AUDIENCE. WE WILL LIST COMMISSIONER DOMINGUEZ AS A CO-SPONSOR. IF NO DISCUSSION, COMMISSIONER BOTT. COMMISSIONER BOTT IS A YES. COMMISSIONER FERNANDEZ? YES. VICE MAYOR DOMINGUEZ? YES. COMMISSIONER SUAREZ? YES. COMMISSIONER MATTEL SOLINAS? YES. COMMISSIONER MAGAZINE? YES. MAYOR MINER? YES. MOTION CARRIES. THE ITEM IS APPROVED. THAT WAS ITEM R5F. OKAY. WE'RE GOING IN A ROW. CALL ONE OF COMMISSIONER BOTT'S ITEMS. [R5 I AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 90, ENTITLED “SOLID WASTE,” DIVISION 3, “RATES, CHARGES, BILLING PROCEDURES,” SECTION 90-133 THEREOF, ENTITLED “SINGLE UTILITY BILLING,” TO RELOCATE THE TABLE OF SANITATION COMMERCIAL IMPACT FEES TO APPENDIX A; BY AMENDING APPENDIX A TO THE CITY CODE, ENTITLED “FEE SCHEDULE,” TO ADD SANITATION COMMERCIAL IMPACT FEES IMPOSED PURSUANT TO SECTION 90-133, AND TO INCLUDE AN AUTOMATIC ANNUAL CONSUMER PRICE INDEX (CPI) ADJUSTMENT FOR  SANITATION COMMERCIAL IMPACT FEES, WATER IMPACT FEES, AND SEWER IMPACT FEES IMPOSED BY THE CITY PURSUANT TO SECTIONS 90-133, 110-167, AND 110-169; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.] BUT WE ACTUALLY HAVE A WORKING SESSION DURING LUNCH TO DISCUSS ATTORNEY-CLIENT CASE, SO I HAVE TO READ AN ANNOUNCEMENT. SHE'S HERE. YOU KNOW WHAT, LET'S CALL IT QUICKLY, R5I. R5. DON'T MAKE ME REGRET CALLING THIS. R5I IS AN HONOR TO THE MAYOR, CITY COMMISSIONER OF THE CITY OF MIAMI BEACH, FLORIDA. I’M AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI BEACH BY AMENDING APPENDIX A TO THE CITY CODE ENTITLED BE SCHEDULED TO INCLUDE. AN AUTOMATIC ANNUAL CONSUMER PRICE INDEX ADJUSTMENT FOR WATER IMPACT FEES AND SEWER IMPACT FEES IMPOSED BY CITY PURSUANT TO SECTIONS 110-167 AND 110-169 AND PROVIDED FOR CODIFICATION, REPEALER, SERVABILITY, AND EFFECTIVE DATE. THIS IS A SECOND READING PUBLIC HEARING. IT IS ITEM R5I. BEFORE ANYBODY HAS A NERVOUS BREAKDOWN, THIS IS NOT THE DIFFICULT ONE. THIS IS THE ONE THAT WE ALL APPROVED UNANIMOUSLY LAST TIME. I BELIEVE NOTHING HAS CHANGED. IS THAT RIGHT? THAT'S CORRECT. THIS IS ONLY A CPI INCREASE TO PREVIOUSLY ADOPTED IMPACT FEES. SO WITH THAT, I'LL MOVE IT. SECOND. WELL DONE. I HAVE A MOTION BY COMMISSIONER BOTT. I BELIEVE I HEARD COMMISSIONER FERNANDEZ SECOND IT. IT IS A PUBLIC HEARING. I SEE NO ONE IN ZOOM AND NO ONE IN THE AUDIENCE REQUESTING TO SPEAK. COMMISSIONER SUAREZ? YES. COMMISSIONER BOTT? YES. COMMISSIONER MATTEL SALINAS? YES. VICE MAYOR DOMINGUEZ? [R10 B PURSUANT TO §286.011, FLORIDA STATUTES, THE CITY ATTORNEY HEREBY ADVISES THE MAYOR AND CITY COMMISSION THAT HE DESIRES ADVICE CONCERNING THE FOLLOWING PENDING LITIGATION MATTER: CASE NOS. 2023-016657-CA-01 (FLA. 11TH CIR. CIV.); 2023-56-AP-01 2 (FLA. 11TH CIR. APP.); 2023-CV-23362 (S.D. FLA.); 2025-13415 (11TH CIR.) PENROD BROTHERS, INC. V. THE CITY OF MIAMI BEACH, FLORIDA AND BOUCHER BROTHERS PIER PARK, LLC THEREFORE, A PRIVATE CLOSED ATTORNEY-CLIENT SESSION WILL BE HELD DURING THE COMMISSION MEETING ON APRIL 22, 2026 AT 12:00 NOON IN THE CITY MANAGER’S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL TO DISCUSS SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION EXPENDITURES WITH REGARD TO THE ABOVE-REFERENCED LITIGATION MATTER. THE FOLLOWING INDIVIDUALS WILL BE IN ATTENDANCE: MAYOR STEVEN MEINER; MEMBERS OF THE CITY COMMISSION: TANYA K. BHATT, LAURA DOMINGUEZ, ALEX J. FERNANDEZ, JOSEPH MAGAZINE, MONICA MATTEO-SALINAS, DAVID SUAREZ; CITY MANAGER ERIC T. CARPENTER, CITY ATTORNEY RICARDO J. DOPICO, CHIEF DEPUTY CITY ATTORNEY ROBERT ROSENWALD, DEPUTY CITY ATTORNEY HENRY J. HUNNEFELD; AND ATTORNEY ERIC P. HOCKMAN OF WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.] YES. COMMISSIONER MAGAZINE? YES. COMMISSIONER FERNANDEZ? YES. MAYOR MINER. YES. MOTION CARRIES. THE ITEM IS APPROVED. THAT WAS ITEM R5I. OKAY, SO NOW WE'RE GOING TO TAKE OUR WORKING LUNCH BREAK. I AM REQUIRED TO READ A NOTICE [03:25:01] INTO THE RECORD REGARDING OUR ATTORNEY-CLIENT SESSION. THE ATTORNEY-CLIENT SESSION SHALL COMMENCE AND WILL BE HELD DURING THE LUNCH RECESS OF THE CITY COMMISSION MEETING IN THE CITY MANAGER'S LARGE CONFERENCE ROOM REGARDING THE FOLLOWING CASE, PENROD BROTHERS, INC. VERSUS THE CITY OF MIAMI BEACH AND BOUCHER BROTHERS. I’M ALSO REQUIRED TO ANNOUNCE THE... WHO WILL BE IN ATTENDANCE? THAT WILL BE ME, VICE MAYOR LAURA DOMINGUEZ, COMMISSIONER MATEO SALINAS, COMMISSIONER FERNANDEZ, COMMISSIONER BOTT, COMMISSIONER SUAREZ, COMMISSIONER MAGAZINE, CITY MANAGER ERIC CARPENTER, ASSISTANT CITY MANAGER MARK TAXIS, CITY ATTORNEY RICARDO DUPICO, CHIEF DEPUTY CITY ATTORNEY ROBERT ROSENWALD, DEPUTY CITY ATTORNEY HENRY HUNDENFELD, AND ATTORNEY ERIC HOCHMAN OF WEISS-SOROTA HEALTH MAN CALL, AND BIERMAN AND BIERMAN. WITH THAT, WE WILL BREAK AND RESUME WITH OUR SUCKNICK TIME AT 1 O'CLOCK. THANK YOU. WELCOME BACK. THE CITY COMMISSION MEETING IS HEREBY REOPENED. THE ATTORNEY-CLIENT SESSION THAT I ANNOUNCED BEFORE THE LUNCH BREAK HAS TERMINATED. WE WENT CLOSE TO AN HOUR AND A HALF, WHICH IS WHY WE'RE BACK. LATER THAN WE ANTICIPATED, BUT OBVIOUSLY NEEDED TO GET THROUGH THAT BUSINESS. WE'LL OPEN UP THE SUTNICK TIME NOW. GOOD AFTERNOON, EVERYONE. IF YOU WISH TO ADDRESS THE COMMISSION, PLEASE APPROACH THE PODIUM, STATE YOUR NAME, ADDRESS, AND YOU HAVE TWO MINUTES. HI, MY NAME IS BRENDA JORDAN. I LIVE 2316 BAY DRIVE. AND I’M HERE BECAUSE, OH, HAPPY EARTH DAY, EVERYONE. TODAY IS EARTH DAY. AND I REALIZE THIS COMMISSION HAS A LOT OF OBLIGATIONS, YOU KNOW, TO SO MANY PEOPLE, TO SO MANY AREAS OF THE CITY. AND, YOU KNOW, THE DECISION, AS YOU KNOW, I’M AN ARTIST VENDOR, AND I’M ALWAYS HERE TO TALK TO YOU ABOUT THIS SITUATION. IN EVERY INTERACTION OR RELATIONSHIP, THERE'S TWO SIDES TO A COIN, AND THIS PROGRAM WAS SET UP WITH ONLY ONE SIDE. AND THAT WAS THE CITY SIDE. AND EVEN AGAIN, WE READJUSTED THE ISSUES WITH THE ARTIST VENDOR PROGRAMS, AND THE SAME ACTION WAS TAKEN. ONLY ONE SIDE OF THE COIN WAS HEARD BEFORE MAKING DECISIONS THAT CRITICALLY AFFECT OTHER PEOPLE'S WAY OF LIFE. ALL OF US WANT FOOD ON THE TABLE AND TO BE ABLE TO PAY OUR BILLS, TO FEED OUR CHILDREN. AND THE DECISION THAT WAS MADE... CAUSE A LOT OF PEOPLE NOT TO BE ABLE TO DO THAT, TO MAINTAIN BASIC NECESSITIES. NOW, I’M A BEACH RESIDENT, AND PEOPLE SAY, WELL, WHY ARE YOU SO WORRIED ABOUT IT? BECAUSE IT'S UNFAIR. IT'S UNJUST. AND WE'RE ALL HUMAN BEINGS. WE'RE BORN EQUALLY. WHETHER WE'RE ARTISTS, WHETHER WE'RE A COMMISSIONER, WHETHER WE'RE A MILLIONAIRE, BILLIONAIRE, WE ARE BORN EQUAL. SO I JUST WANT FAIRNESS. I WANT TRANSPARENCY. I WANT US TO BE ABLE TO SIT AT THE TABLE. WHEN YOU'RE COUNSELING A MARRIAGE, YOU BRING BOTH PARTIES AND YOU FIND OUT THEIR ISSUES AND YOU TRY TO MEDIATE WHAT IS GOOD NOT ONLY FOR THE CITY, BUT THE ARTISTS. SO I’M ASKING THAT YOU STOP AND HALT THIS LATEST ORDINANCE. GRANDFATHER THE PEOPLE IN SO THAT THEY CAN BE ALLOWED. I DIDN'T HAVE TWO MINUTES YET. THAT THEY CAN BE ALLOWED TO COME RESUME THEIR WORK SO THAT THEIR NEEDS CAN BE, BASIC NEEDS CAN BE MADE. AND THEN WE GO FROM THERE. YOU KNOW, I JUST WANT FAIRNESS. SAME THING YOU WANT FOR YOUR FAMILY, THESE PEOPLE WANT. AND I KNOW WE'RE ALL HUMAN. WE MAKE MISTAKES. BUT THE GREATEST THING IS WHEN WE COME BACK TO THE TABLE AND WE SAY, YOU KNOW WHAT, MAYBE I DIDN'T GET IT RIGHT. LET'S START OVER. BUT IN THE MEANTIME, LET THOSE PEOPLE BE GRANDFATHERED IN. BECAUSE IT'S STILL A MESS. PEOPLE ARE STILL SELLING CRAP. SO ANYWAY, THANK YOU, AND I APPRECIATE ALL YOUR EFFORTS TO MAKE THIS A VIABLE PROGRAM, BUT BOTH PARTIES HAVE TO SIT DOWN AND MEDIATE TOGETHER. NOT ONLY THE CITY SIDE, BUT OUR SIDE NEEDS TO BE REPRESENTED. THANK YOU SO MUCH. I APPRECIATE YOU. HAPPY EARTH DAY. OH YEAH, AND THE TRAFFIC IN NORTH BEACH, A MESS. IT TOOK ME SO LONG TO GET HERE THIS MORNING, BUT THANK YOU. YEAH, MY AGE. HI, HOW YOU DOING? MY NAME IS JANET FIGUEROA. I’M ONE OF THE ARTIST VENDORS IN THE CITY OF MIAMI BEACH. AND I SEE THAT YOU GUYS GOT A LOT OF WORK IN YOUR HANDS [03:30:01] WITH THE CITY ITSELF. WE DON'T WANNA BE A BURDEN TO YOU GUYS. SO I WOULD APPRECIATE IF THERE'S NOT THAT MANY OF US ALREADY. SOME OF THEM ARE VERY OLD IN AGE. THEY SHOULD BE GRANDFATHERED IN FOR THE PROGRAM AND THEY COULD CONTINUE DOING THEIR ART UNTIL WHATEVER GOD'S LIFE GIVES THEM. IT'S NOT GOING TO BE MUCH, BUT I’M ONE OF THE ARTISTS HERE AND I’M A JEWELRY ARTIST, BUT I’M ALSO A FINE ARTIST AS WELL. I DO ALL TYPES OF ARTS, TONS OF ARTS. I CAN'T DO IT ALL AND BRING IT ALL HERE BECAUSE CARRYING EVERYTHING IS NOT THAT MUCH FUN, OKAY? SO THE HEAVIER THE THINGS BECOME, THE HARDER IT IS. WE ALSO HAVE A LIMITED SPACE, WHICH IS A TABLE OF SIX FEET, AND WE'RE NOT ALLOWED TO GO OVER 24 INCHES. SO IF YOU HAVE PAINTINGS AND DRAWINGS OR ANYTHING OF THAT NATURE, YOU ALSO GOT TO UNDERSTAND THAT WE'RE DEALING WITH THE ELEMENTS OUTSIDE, RAIN, HEAT, AND SO FAR. WORKING WITH ART, WHEN YOU'RE A FINE ARTIST, IT INVOLVES A LOT OF CHEMICALS, SO YOU HAVE TO BE VERY CAREFUL WHAT YOU BRING HERE AND WHAT YOU DON'T BRING OUT HERE. THE 24 INCHES, IF YOU BRING A CANVAS, YOU'RE GOING TO HAVE TO BE LIMITED TO, WHAT, 8 BY 10S? BECAUSE YOU'RE NOT GOING TO BE ABLE TO PUT ALL OF THIS STUFF. ALSO, WHAT SHE WANTED TO SAY IS THAT THE COALITION THAT WAS STARTED, WE ALL HAVE DIFFERENT VIEWS. THAT PROJECTION THAT THE YOUNG MAN HAD IS BECAUSE HE WASN'T HERE FROM THE BEGINNING. HE DOESN'T KNOW THAT BEFORE WE WERE REGULATED, PEOPLE WOULD SET THEIR TABLE UP AT 6, COME BACK AT 9. WE DON'T NEED THAT CHAOS. THERE WAS SO MUCH CONFUSION, AND I EXPRESSED THAT TO HIM, SO IT DOESN'T COMPLETELY GO WITH ALL OF OUR VIEWS. THE BEST THING, I THINK IT'S ONLY A VERY SMALL GROUP OF PEOPLE LEFT IN THE PROGRAM. IF THEY COULD GET GRANDFATHER IN, OF COURSE. AS A MULTIPLE ARTIST, A PERSON THAT COULD DO MORE THAN ONE ART, I COULD ALWAYS BRING SOME OTHER PIECES AND SHOW IN MY TABLE AS WELL. BUT MY PASSION IS ALSO MY JEWELRY BECAUSE I’VE BEEN DOING IT FOR A LONG TIME. SO I UNDERSTAND THAT YOU WANT BEAUTIFUL TABLES AND THINGS LIKE THAT, BUT THE LIMITATION IS SPACE. WHEN YOU DO A DISPLAY, YOU HAVE TO BE VERY CAREFUL BECAUSE I ALREADY HAD AN INCIDENT WHEN THEY TOLD ME THAT IT WAS TOO TALL. SO YOU HAVE TO... TO YOU HAVE TO UNDERSTAND THAT THERE ARE CERTAIN THINGS THAT YOU COULD BRING HERE AND THERE ARE CERTAIN THINGS THAT YOU CANNOT DO HERE IF THERE'S A HIGH WIND AND YOU HAVE YOUR STAND IS TOO HIGH THANK YOU SO MUCH HIT SOMEBODY SO WE TRYING TO KEEP IT AS SHORT AND AND AND SIMPLE AS POSSIBLE SO IF YOU COULD GRANDFATHER US IN FOR THE ONES THAT WE ALREADY BEEN HERE SO LONG I WILL APPRECIATE IT AND WE COULD CONTINUE WITH THE PROGRAM WITH THE NEW ORDINANCE AND SO FAR AND PRADA WORK TOGETHER TO MAKE IT HAPPEN. THANK YOU. THANK YOU. GOOD AFTERNOON, MAYOR AND COMMISSIONERS. YOU KNOW, WE HAVE ANDRES ACION 1000 SOUTH POINT DRIVE. WE HAVE A MAJOR ISSUE WITH 395 TRAFFIC GOING EAST AND WESTBOUND, ESPECIALLY AFTER FOUR O'CLOCK HEADING WESTBOUND ONTO THE CITY OF MIAMI, AND IT'S ONLY GOING TO GET WORSE BETWEEN BH3 AND TERRA GROUP, WHICH ARE BUILDING FOUR HIGH-RISE TOWERS ON WATSON ISLAND. POSSIBLY OVER A THOUSAND UNITS PLUS HOTEL, RETAIL AND CONDOS, THE TRAFFIC IS JUST GOING TO BE EXTREMELY WORSE. AND THE COUNTY AND THE STATE HAS ONLY IMPLEMENTED A ONE LANE EXIT ONTO BISCAYNE BOULEVARD. AND THAT WAS THE ORIGINAL ONE LANE EXIT THAT WE'VE HAD OVER THE PAST 40 YEARS ON THAT EXIT RAMP. AND IT IS GOING TO BE A NIGHTMARE IF THE STATE. THE STATE DOES NOT USE THE POWER OF EMINENT DOMAIN TO BE ABLE TO BUY OUT SOME OF THE LAND RIGHT ADJACENT TO IT TO BE ABLE TO EXPAND THAT LANE AND MAKE IT A TWO-LANE EXIT. ONCE THAT DEVELOPMENT IS BUILT, WE'RE NOT GOING TO HAVE THE POWER TO BE ABLE TO DO THAT. I THINK THE CITY OF MIAMI BEACH SHOULD DO SOME TYPE OF AN URGING TO SORT OF REQUEST TOGETHER WITH THE COUNTY AND THE CITY TO THE STATE TO USE THEIR POWER OF EMINENT DOMAIN AND BE ABLE TO GET MORE LAND TO BE ABLE TO DO ANOTHER LANE EXIT. ONTO BISCAYNE BOULEVARD NOT COUNTING THE APPROXIMATE 10,000 CONDOS THAT ARE BEING BUILT IN FOUR SQUARE BLOCKS RIGHT OFF OF THAT EXIT SO SOMETHING NEEDS TO BE DONE AND IF WE DON'T START GETTING OUT TO THIS NOW WE'RE NOT GONNA HAVE CONTROL TO DO IT THE SECOND THING I JUST WANTED TO MENTION REAL QUICK IS I HEARD THE PARKING DIRECTOR TALKING ABOUT PALM ISLAND PARKING TOGETHER WITH ALL THE OTHER ISLANDS SPECIFICALLY ONLY IN PALM ISLAND THAT ISLAND HAD HAD CURBSIDE PARKING FOR THE PAST 60 YEARS I GREW UP THERE AND WHEN THE CITY REDESIGNED PALM ISLAND, THEY DID THE MEDIAN [03:35:01] WIDE, WIDE TO WIDE, THAT IT DIDN'T HAVE LEGAL SPACE FOR A PARKING SPACE AND A FIRE TRUCK TO GO THROUGH. THAT'S WHY THERE'S NO PARKING THERE. SO RIGHT AFTER THE DESIGN WAS DONE, THE CITY BASICALLY PUT NO PARKING SIGNS EVERY 50 FEET THROUGHOUT THE WHOLE ENTIRE ISLAND, MAKING IT IMPOSSIBLE FOR ANYBODY TO BE ABLE TO PARK IF THERE WERE A VISITOR OR A HOUSE THAT DOES NOT HAVE A DRIVEWAY, OR THE NEW HOUSES WERE ON 06,000 SQUARE FEET, ONLY HAVE... TWO CAR PARKINGS IN THEIR DRIVEWAY BECAUSE A LOT ARE SMALL SO THEY HAVE NOWHERE ELSE TO PARK SO I JUST WANT TO MAKE SURE THAT YOU GUYS KNOW THAT THAT SPECIFICALLY IN PALM ISLAND IT COULD HAVE BEEN FIXED TO HAVE LEGAL PARKING IF THE DESIGN WOULD HAVE BEEN DONE APPROPRIATELY TO FIT A CAR AND ALSO A FIRE TRUCK GO THROUGH THANK YOU VERY MUCH. I JUST THINK I WANTED TO ADDRESS THE FIRST ISSUE YOU RAISED ABOUT THE MACARTHUR CAUSEWAY. SO ONE OF THE ISSUES IS THE WESTBOUND TRAFFIC EARLY AFTERNOON STARTING. I’VE GOTTEN CAUGHT IN IT TOO. IT'S SEVERE. AND ONE OF THE ISSUES THAT'S BEEN IDENTIFIED IS THE PORT, THE TRUCKS COMING OUT OF THE PORT. AND SO FAR WE, SO I’VE, I’M WORKING WITH THE SOUTH OF FIFTH NEIGHBORHOOD ASSOCIATION, PALM HIBISCUS AND STAR ISLANDS. WE'RE TRYING TO GET EVERYONE TO THE TABLE. IT LOOKS LIKE WE'RE GOING TO DO THAT SOON. GET THE PORT, THE STATE, THE COUNTY, MIAMI BEACH RESIDENTS, AND TRY TO WORK SOMETHING OUT. RIGHT NOW, WE HAVEN'T BEEN ABLE TO GET ANYBODY TO BUDGE, WHICH IS... IT'S HARD. I’LL TELL YOU THAT THE SECOND ISSUE... AND THERE ARE CERTAIN UNION REGULATIONS, WHICH IS ALSO... BUT... I’LL TELL YOU THE SECOND ISSUE, IS THAT THE ARENA FORCES EVERY CAR THAT'S PARKED INSIDE OF THAT ARENA TO TAKE THE PORT OF MIAMI TO GET OUT OF THE ARENA. SO THEY GO UP THE PORT OF MIAMI BRIDGE... LOOP OUT TO THAT CAUSEWAY AND FORCE EVERYBODY TO GET DOWN ON THAT RAMP OR GO UP THE EXPRESSWAY AS WELL. THE CITY SHOULD ALLOW PEOPLE THAT ARE GOING EITHER ONTO THE BEACH OR HEADING SOUTH WHEN THEY'RE LEAVING THE GARAGE OF THE ARENA NOT TO FORCE THEM TO GO INTO THE PORT AND GO IN THROUGH THAT EXIT AS WELL, WHICH CAUSES ANOTHER BOTTLENECK. BUT AGAIN, FOR 40 YEARS, THERE'S BEEN ONE LANE EXIT. YOU CAN'T REDO THAT BRIDGE AND LEAVE IT AS ONE LANE WHEN YOU HAVE ALL THIS NEW DEVELOPMENT HAPPENING AROUND IT. SO IF THE STATE DOESN'T USE THAT POWER, WE DON'T FORCE THEM TO DO SO, WE'RE GOING TO GET STUCK. THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO SPEAK? SEEING NONE, WE'RE GOING TO GO TO ZOOM. FIRST CALLER IS OMAR. OMAR, STATE YOUR NAME, ADDRESS, AND YOU HAVE TWO MINUTES. GOOD AFTERNOON. OMAR JIMENEZ, NORTH BEACH. SO THIS WAS MENTIONED A LITTLE EARLIER ABOUT THE NORTH BEACH PARKING BUT WHEN THE CITY FIRST INTRODUCED THE RESIDENTIAL PARKING PILOT ZONE NUMBER 26 IN NORTH BEACH PARKVIEW RESIDENTS CONTACTED THE CITY ABOUT PARKVIEW ISLAND AND HOW THAT WOULD AFFECT ISLAND RESIDENTS THIS NEW ZONE WOULD AFFECT US AND WE ASKED YOU TO CONSIDER THE IMPACTS ON GRANTING STREET PARKING PERMITS TO THE LARGEST CONDO BUILDING ON THE ISLAND AND HOW THAT WOULD AFFECT US ALL. IT'S A 240 UNIT BUILDING AND AS WE HEARD EARLIER THE CITY ONLY HAS 125 PARKING SPACES ON PARKVIEW ISLAND BUT OVER 450 PERMITS WERE GRANTED TO PARKVIEW ISLAND RESIDENTS. THIS HAS REALLY BEEN WORKING AGAINST OUR COMMUNITY FOR THE PAST YEAR. WE ARE HAVING HUGE DIFFICULTIES WITH PARKING AS A RESULT AND WE'RE IN THE WORST POSITION NOW RATHER THAN YOU KNOW HAVING ALLEVIATED THE ISSUES PREVIOUS TO ZONE 26 BEING. CREATED SO THERE IS AN EASY FIX. WE'RE ASKING THE CITY TO TEMPORARILY CONVERT THE SMALL PAID SURFACE LOT OUTSIDE PARKVIEW ISLAND INTO A RESIDENTIAL SOUND LOT TO RELIEVE THE ISSUES UNTIL THIS IS RESOLVED. THANK YOU. THANK YOU NO 1 ELSE IS ON ZOOM AND I SEE NO 1 ELSE IN THE AUDIENCE REQUESTING TO SPEAK MAY OR THE SUBJECT CAN CONCLUDE. STEVE. MAYOR? [R5 Z AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CITY CODE, ENTITLED “MARINE STRUCTURES, FACILITIES AND VESSELS,” BY AMENDING ARTICLE II, ENTITLED “RESTRICTED WAKE ZONES,” BY AMENDING SECTION 66-43, ENTITLED “RESTRICTED AREAS,” TO ESTABLISH A DESIGNATED PUBLIC SWIM AREA, AND CORRESPONDING MOTORIZED VESSEL EXCLUSION ZONE, IN THE WATERS SURROUNDING FLAGLER MEMORIAL ISLAND, ALSO KNOWN AS MONUMENT ISLAND, PURSUANT TO SECTION §327.46 OF THE FLORIDA STATUTES; AND FURTHER, AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND EXECUTE THE NECESSARY APPLICATIONS AND COORDINATION WITH THE VARIOUS AGENCIES OF MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND THE UNITED STATES GOVERNMENT IN ORDER TO EFFECTUATE THE ESTABLISHMENT OF THE DESIGNATED PUBLIC SWIM AREA, AND CORRESPONDING MOTORIZED VESSEL-EXCLUSION ZONE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.] LET'S CALL ARF. THANK YOU, EVERYONE WHO SPOKE. JUST A COUPLE OF PRIORITY ITEMS. I’M GOING TO TRY TO GET TO THEM QUICKLY. R5Z. R5Z IS AN ORDER TO THE MAYOR AND CITY COMMISSIONER OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 66 OF THE CODE OF THE CITY ENTITLED MARINE STRUCTURES, FACILITIES, AND VESSELS BY AMENDING ARTICLE 2 ENTITLED RESTRICTED WEIGHT ZONES BY AMENDING SECTION 66-43 ENTITLED RESTRICTED AREAS TO ESTABLISH A DESIGNATED PUBLIC SWIM AREA AND CORRESPONDING MOTORIZED VESSEL EXCLUSION ZONE. IN THE WATER SURROUNDING FLAGLER MEMORIAL ISLAND ALSO KNOWN AS MONUMENT ISLAND PURSUANT TO SECTION 327.46 OF THE FLORIDA STATUTE AND FURTHER AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND EXECUTE THE NECESSARY APPLICATIONS IN COORDINATION WITH THE VARIOUS AGENCIES OF AMITY COUNTY THE STATE OF [03:40:01] FLORIDA AND THE UNITED STATES GOVERNMENT IN ORDER TO EFFECTUATE THE ESTABLISHMENT OF THE DESIGNATED PUBLIC SWIM AREA AND CORRESPONDING MOTORIZED VESSEL EXCLUSION ZONE AND PROVIDING FOR REPEALERS OF ABILITY QUALIFICATION AND EFFECTIVE DATE THIS IS A THE SECOND READING PUBLIC HEARING IS ITEM R5Z. THANK YOU AND HAPPY TO SPONSOR THIS. THANK YOU COMMISSIONER MATEO SALINAS FOR CO-SPONSORING. I’LL TEE IT UP. I JUST WANT TO GIVE A BIG OVERVIEW THAT THIS HAD BEEN AN ISSUE OUR RESIDENTS HAD RAISED ABOUT MONUMENT ISLAND AND THE NOISE COMING FROM THERE AND THE CLEANLINESS. SO THIS IS, I’M REALLY HAPPY WITH THIS ITEM. BUT IN THE BIGGER PICTURE, I’M REALLY SO HAPPY WITH WHAT THIS COMMISSION HAS ACCOMPLISHED TO CLEAN UP OUR WATERWAYS IN A BIG WAY. SOME OF IT CLEAN UP LITERALLY WITH ENVIRONMENTAL ISSUES AND ALL OUR VOLUNTEER ORGANIZATIONS. BUT WHETHER IT'S THE CHARTER BOATS IN THE MARINA THAT WE'VE BEEN WE'VE BEEN ABLE TO CRACK DOWN WHETHER IT'S THE DERELICT BOATS AND THANK YOU COMMISSIONER SUAREZ FOR TAKING THE LEAD ON THAT IT'S NIGHT AND DAY. I TOOK A MARINE PATROL TOUR A COUPLE OF WEEKS AGO. I MEAN, WE USED TO SEE 180 BOATS I THINK WE HAD UP THERE. THEY'RE NOT THERE ANYMORE. THEY'RE GONE. SO THIS HAS BEEN A BIG WIN FOR OUR RESIDENTS. AND WE INCREASED THE HOURS OF MARINE PATROL, THE SERVICE. SO WE'RE DOING A LOT AND IT DOESN'T OFTEN GET TALKED ABOUT, BUT IT'S INTEGRAL. BUT I’LL TURN IT OVER TO YOU. THIS IS THE SECOND READING. CAN YOU GIVE US JUST A QUICK REMINDER OF THIS ITEM? OF COURSE. GOOD AFTERNOON, MAYOR, COMMISSIONERS. HAPPY EARTH DAY, FIRST AND FOREMOST. THANKS, LISTA. AS YOU MENTIONED, I DID A VERY THOROUGH BACKGROUND ON THIS ITEM FOR FIRST READING, BUT ESSENTIALLY, LIKE YOU MENTIONED, WHAT THIS IS DOING IS IT'S ALLOWING US TO MOVE FORWARD IN THE PERMANENT PROCESS TO CREATE A SWIM-ONLY ZONE APPROXIMATELY 150 FEET FROM THE SHORELINE OF MONUMENT ISLAND TO CREATE A MUCH SAFER ENVIRONMENT FOR RECREATORS THAT WISH TO UTILIZE THE ISLAND, VISIT OUR HISTORIC MONUMENT WITHOUT THE FEAR OF GETTING, UNFORTUNATELY, RUN OVER BY A BOAT. I MOVE THE ITEM. GOT A MOTION AND A SECOND? YES, SIR. IT IS A PUBLIC HEARING. I SEE NO ONE ON ZOOM, NO ONE IN THE AUDIENCE REQUESTING TO SPEAK. I HAVE A MOTION BY COMMISSIONER MONICA MATEO SALINAS, SECONDED BY COMMISSIONER FERNANDEZ. COMMISSIONER MATEO SALINAS? YES. COMMISSIONER MAGAZINE? YES. COMMISSIONER BATT? COMMISSIONER BATT? [R5 AE DISTANCE SEPARATION EXEMPTION FOR TOBACCO AND VAPE USES IN NORTH BEACH AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” BY AMENDING ARTICLE III, ENTITLED “OVERLAY DISTRICTS,” SECTION 7.3.10, ENTITLED “NORTH BEACH COMMERCIAL CHARACTER OVERLAY DISTRICT,” TO MODIFY REQUIREMENTS FOR TOBACCO AND VAPE DEALERS; BY AMENDING ARTICLE V, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” SECTION 7.5.5, ENTITLED “SPECIALIZED USE REGULATIONS,” TO MODIFY THE MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR TOBACCO AND VAPE DEALERS IN NORTH BEACH; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.] I’M SORRY, YES. VICE MAYOR DOMINGUEZ? YES. COMMISSIONER FERNANDEZ? YES. COMMISSIONER SUAREZ? YES. MAYOR MINER. YES. MOTION CARRIES. THE ITEM IS APPROVED. THAT WAS ITEM R5Z. R5AE. R5AE IS IN ORDER TO THE MAYOR, CITY COMMISSIONER, CITY OF MIAMI BEACH, FLORIDA AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 7 ENTITLED ZONING DISTRICTS AND REGULATIONS BY AMENDING ARTICLE 3 ENTITLED OVERLAY DISTRICTS. SECTION 7.3.10 ENTITLED NORTH BEACH COMMERCIAL CHARACTER OVERLAY DISTRICT TO MODIFY REQUIREMENTS FOR TOBACCO AND VAPE DEALERS. BY AMENDING ARTICLE 5 ENTITLED SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 7.5.5 ENTITLED SPECIALIZED USE REGULATIONS TO MODIFY THE MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR TOBACCO AND VAPE DEALERS IN NORTH BEACH AND PROVIDING CODIFICATION REPEALERS OF ABILITY AND EFFECTIVE DATE. THIS IS A FIRST READING PUBLIC HEARING. THE ITEM REQUIRES 5-7'S VOTE. IT IS ITEM R-5-A-E. COMMISSIONER DOMINGUEZ. THANK YOU. SO THIS ITEM, MR. MUHAMMAD ISLAM HAD PURCHASED A PROPERTY, WAS UNAWARE OF THE OVERLAY. HE AND HIS FAMILY HAVE MANY PROPERTIES THROUGHOUT MIAMI BEACH, AND THE OVERLAY WOULD PREVENT HIM FROM SELLING CERTAIN USES. AND WE HAD A ROBUST DISCUSSION DURING THE PUBLIC SAFETY COMMITTEE, AND I THINK THAT EVERYONE WAS IN AGREEMENT THAT IF YOU SUNSET THE USE, WE COULD LOOK AT GRANTING THIS TOM JUST TO CLARIFY A COUPLE THINGS COMMISSIONER. THIS WAS DISGUSTED LAND USE IN MARCH AND THE LAND USE COMMITTEE SENT IT BACK TO THE CITY COMMISSION WITH NO RECOMMENDATION BUT DID SUGGEST THAT IF IT WAS TO MOVE FORWARD THAT THE NARROW EXCEPTION THAT WAS DRAFTED ONLY BE APPLICABLE FOR THREE YEARS SO THE ORDINANCE, THE DRAFT ORDINANCE FOR CONSIDERATION AT FIRST READING WAS REVISED AND DOES CONTAIN THAT THREE-YEAR SUNSET PROVISION. SO I WOULD LIKE TO MOVE THE ITEM WITH THAT PROVISION. SECOND. IT IS A PUBLIC HEARING. MR. MUHAMMAD, ARE YOU GOING TO SPEAK? YEAH. GOOD AFTERNOON, COMMISSIONER MAYER AND THE CITY OFFICIALS. TODAY I CAME HERE THANKS TO EVERYBODY. IT IS EXCEPTIONAL BECAUSE... I HAVE A BUSINESS, ACTUALLY IT CANNOT SURVIVE, YOU KNOW. THE MAIN PRODUCT OF THE BUSINESS IS CIGARETTE, TOBACCO AND ALCOHOL. BUT TOBACCO IS RESTRICTED IN SOME CERTAIN RULES. IT IS RESTRICTED BY CITY LAW. SO IT IS VERY HARMFUL FOR THE BUSINESS, YOU KNOW. [03:45:02] SMALL BUSINESS, THEY ARE SURVIVING WITH THIS. MAIN PRODUCT TOBACCO AND ALCOHOL. ANYWAY I REQUEST TO OUR COMMISSION OUR PLANNING DIVISION EVERYBODY TO HELP US TO BE AT LEAST SEALING TOBACCO THEN WE CAN SURVIVE. SO IN THESE CIRCUMSTANCES I REQUEST TO OUR COMMISSIONER COMMISSIONS AND OFFICIAL TO HELP US TO BE TO TO APPROVE THIS TO AT LEAST LEGALIZE SO I HEARD THAT LAST LAND USE BOARD, THEY APPROVED FOR THREE YEARS. THIS IS GOOD ENOUGH, SO WE CAN PROCEED ON. MR. MAYOR? I HAVE A QUESTION. I GET COMPLAINTS ABOUT VAPE SHOPS. I DO. WE EVEN HAD LEGISLATION A COUPLE YEARS AGO TO PROHIBIT IT. IT'S NOT A VAPE SHOP. IT ALLOWS VAPING PRODUCTS TO BE SOLD. AND BECAUSE THE PEOPLE ABOVE, JUST NORTH OF HIM AND PEOPLE SOUTH OF HIM SELL IT ALREADY. SO IT'S ALLOWING A USE THAT OTHER BUSINESSES HAVE ALREADY. COMMISSIONER BOTT. SO WHAT I WANT TO BE CLEAR ABOUT IS THAT THERE IS A DISTANCE SEPARATION FOR VAPE SHOPS. THERE IS A MOVEMENT TO REDUCE THE PROLIFERATION OF VAPE AND TOBACCO SHOPS, AND THIS IS NOT A PERMANENT SOLUTION. I WANT TO BE REALLY CLEAR ABOUT THIS FOR YOU AND FOR ANYBODY LISTENING, BECAUSE I THINK A LOT OF US HAVE HAD PEOPLE REACHING OUT TO US. I KNOW I’VE HAD VERY MIXED FEELINGS ABOUT THIS. IN THIS VERY UNIQUE INSTANCE, IT WOULD HAVE BEEN VERY DIFFICULT FOR A PERSON TO BUY THIS BUILDING OR THIS BUSINESS WITHOUT AND NOT GET THE FULL EXTENT OF THE LEGALITIES BECAUSE THE BASIC CURSORY REVIEW, AND TOM, YOU CAN EXPLAIN THIS BETTER THAN I CAN. HAVE SUGGESTED THAT IF YOU'RE DOING IT ON EITHER SIDE, YOU CAN DO IT YOURSELF. AND IT WAS A VERY OPAQUE SITUATION WITHOUT YOUR REALTOR DOING SOME REAL DUE DILIGENCE. IT'S UNDERSTANDABLE HOW THIS FELL INTO BEING. WHAT I WANT TO BE CLEAR ON, AGAIN, FOR YOU AND YOUR BUSINESS PARTNERS AND THE NEIGHBORS WHO ARE VERY DISTRESSED ABOUT THIS, IS THIS IS NOT A SOLUTION. THIS IS AN EXIT RAMP. SO THAT YOU CAN EITHER FIGURE OUT A DIFFERENT BUSINESS MODEL OR SELL THE BUSINESS. AND THREE YEARS IS A LOT LONGER THAN SOME OF US WOULD HAVE LIKED TO HAVE GIVEN, SO PLEASE USE IT WISELY. I HOPE YOU'RE OUT SOONER THAN THAT AND YOU MAKE A LOT OF MONEY ON SELLING YOUR BUSINESS AND SOMEBODY ELSE BRINGS IN SOMETHING THAT'S WONDERFUL AND A DIFFERENT USE. BUT, TOM, IF YOU WANT TO EXPLAIN THAT JUST A LITTLE BIT. YEAH. SORRY. THIS PARTICULAR EXCEPTION IS... SPECIFIC TO CONVENIENCE STORES. SO THIS EXCEPTION WOULD NOT APPLY TO A STANDALONE SMOKE SHOP OR VAPE SHOP. MORE IMPORTANTLY, THE EXCEPTION WOULD ALLOW NO MORE THAN 5% OF THE FLOOR AREA OF THE CONVENIENCE STORE TO CONTAIN THESE PRODUCTS. SO IT'S A VERY LIMITED COMPONENT THAT WOULD BE PART OF THE EXCEPTION. WITH REGARD TO THE PREVIOUS USE ON THE SITE, IF THE PREVIOUS OWNER DID NOT DISCLOSE ANY EXISTING OVERLAYS, THAT'S SOMETHING THAT THE PROPERTY OWNER MAY NOT HAVE BEEN AWARE OF. IF I MAY. COMMISSIONER FERNANDEZ. THIS IS SUCH A CHALLENGE BECAUSE WE WANT TO HELP SMALL, LOCALLY OWNED BUSINESSES SUCCEED. BY THE SAME TOKEN, WHAT IS THE PRECEDENT THAT WE'RE SETTING? I’LL TELL YOU, A COUPLE OF WEEKS AGO, I HAD A BUSINESS OWNER COME TO MY OFFICE. A BUSINESS OWNER WHO OWNS A SIMILAR TYPE OF ESTABLISHMENT ON COLLINS AVENUE IN THE 30S. YOU KNOW, AN ELDERLY PERSON CAN BARELY SPEAK ENGLISH, BOUGHT THIS BUILDING, THE ESTABLISHMENT NEXT DOOR CAN SELL CIGARETTE PRODUCTS. HIS BUSINESS CAN'T. WHAT DO I DO THEN? I’M SAYING YES TO ONE AND THEN NO TO THE OTHER? ARE WE GOING TO BE FAIR? ARE WE GOING TO START ALLOWING THESE TYPE OF EXCEPTIONS FOR EVERYONE THAT COMES FORWARD IN OUR CITY? AND THAT'S THE CHALLENGE THAT I HAVE HERE, BECAUSE TO ME, WHAT I SEE HERE, I SEE HERE A CIVIL ISSUE WHERE THE PROPER DISCLOSURES WERE NOT MADE TO SOMEONE WHO BOUGHT A BUSINESS. AND WHO BOUGHT A BUSINESS UNDER A SET OF UNDERSTANDING THAT, YOU KNOW, SOMETHING WAS NOT DISCLOSED [03:50:02] TO THEM. BUT I SPONSORED THIS LEGISLATION. I SPONSORED THIS LEGISLATION BECAUSE THIS WAS THE DIRECTION THAT THE COMMUNITY WANTED TO GO IN. AND I FEEL BAD. I FEEL BAD BECAUSE NOW WE HAVE, YOU KNOW, A BUSINESS OWNER THAT DIDN'T GET THE PROPER DISCLOSURES FROM A SELLER. I MEAN, TO ME, THAT SEEMS LIKE A... ISN'T THAT A CIVIL ISSUE, MR. ATTORNEY? AND WHAT REMEDIES COULD THEY USE? I MEAN, THERE ARE CERTAIN DISCLOSURES IN RESIDENTIAL SALES. SPECIFICALLY, I DON'T KNOW THAT IN A COMMERCIAL SALE, A SELLER HAS THE SAME LEVEL OF DISCLOSURE REQUIRED. IT WOULD HAVE BEEN INCUMBENT ON THE BUYER TO DO THE RESEARCH. BUT AS TOM MENTIONED, THIS MAY HAVE BEEN SOMETHING THAT IS A LITTLE BIT OPAQUE AND MAY NOT HAVE BEEN EASILY DISCERNIBLE BY THE BUYER. MR. MAYOR. COMMISSIONER SUAREZ. THIS CAME BEFORE LAND USE AND I WAS ALSO KIND OF TORN BECAUSE I UNDERSTAND WE ARE SETTING A PRECEDENT IF WE DO THIS BUT YOU KNOW THAT'S WHY I ORIGINALLY HAD THE IDEA TO HELP THIS ITEM MOVE FORWARD WHERE LOOK YOU KNOW WE UNDERSTAND THAT NO WHO DO WE BELIEVE? IS IT THE REALTOR THAT'S AT FAULT? IS IT THE LANDLORD? IS IT THE BUSINESS OWNER? BUT AT THE END OF THE DAY, I DON'T THINK WE'RE GOING TO BE, I DON'T THINK WE'RE SETTING A PRECEDENT WHERE WE'RE GOING TO ALLOW VAPE SHOPS TO MOVE FORWARD. I THINK WHAT WE'RE SIGNALING IS, YOU KNOW, WE UNDERSTAND THERE IS AN ISSUE. WE DON'T KNOW WHO'S AT FAULT. BUT LIKE COMMISSIONER BOTT SAID, WE'RE GIVING THANK YOU. WE'RE GIVING A GRACE PERIOD, IF YOU WILL, FOR THIS BUSINESS TO ADAPT AND MOVE ON. LOOK, YOU KNOW, I UNDERSTAND. IT'S TOUGH BECAUSE, YOU KNOW, IF THIS WAS, BY THE WAY, A STAND-ALONE VAPE SHOP, I WOULD BE COMPLETELY AGAINST IT. BUT I THINK THEY'RE JUST SELLING MINUSCULE VAPE PRODUCTS ON THE COUNTER, EVEN THOUGH, LIKE, BOTH NEIGHBORS ARE DOING THAT. BUT I THINK WE'RE TELLING THEM THAT, HEY, LOOK, YOU GOT THREE YEARS TO MOVE AWAY FROM THIS SORT OF BUSINESS MODEL AND ADAPT OR SELL. SO I THINK IT CAREFULLY GIVES EVERYONE WHAT THEY WANT. WE'RE GOING TO HAVE ENFORCEMENT IN THREE YEARS. IT'S JUST THAT PARTICULAR PROPERTY IS NOT GOING TO BE ABLE TO SELL THIS PRODUCT AFTER THREE YEARS. AND, YOU KNOW, WE'RE ESSENTIALLY CALLING BALLS AND STRIKES ON WHO COULD HAVE BEEN AT FAULT FOR NOT RELAYING THIS INFORMATION. I THINK IT'S AN EASY COMPROMISE. WE FLESHED THIS OUT AT LAND USE, AND I’M READY TO JUST CALL THE BOAT ON THIS AND SEE WHERE WE LAND. I’M JUST GOING TO JUST PUT OUT THERE, WE HAVE THE SAME ISSUE WITH OTHER BUSINESSES IN OUR COMMUNITY. THIS IS NOT THE ONLY BUSINESS IN OUR COMMUNITY THAT HAS THIS ISSUE. THERE ARE STORES ON COLLINS AVENUE IN THE 40S THAT HAVE BEEN COMING TO MY OFFICE. I THINK THEY'VE BEEN GOING TO YOU AS WELL. WHAT IS IT CALLED? PRIMOS, I THINK IT'S CALLED. EXACT SAME ISSUE OF DISTANCE SEPARATION. THE NEIGHBORS ALLOWED TO ENGAGE IN THE ACTIVITY. THEY ARE NOT. I BELIEVE SO. AND NOW, HOW DO I VOTE FOR THIS? AND TELL. THE OTHER PERSON ON COLLINS AVENUE, THAT I’M NOT GOING TO SUPPORT THEM. AND THEN WHEN WE DO THAT, IT'S GOING TO OPEN THE DOOR IN THE ENTERTAINMENT DISTRICT, IT'S GOING TO OPEN THE DOOR IN ALTON ROAD AND ALL THE OTHER AREAS WHERE WE HAVE A DISTANCE SEPARATION. IT ALMOST HAPPENED ON ALTON ROAD. REMEMBER, I THINK IT WAS I LOVE LIQUOR? YES. I LOVE LIQUOR. THE SAME EXACT SITUATION, I LOVE LIQUOR. AND IN FACT, I THINK WE ENDED UP NOT DOING IT. BECAUSE WE DID NOT WANT TO SET THE PRECEDENCE. AND, YOU KNOW, AND IT'S HEARTBREAKING BECAUSE I LOVE MUHAMMAD. MUHAMMAD IS A FRIEND THAT I WANT TO, AND I WANT TO HELP MUHAMMAD, I WANT TO HELP HIS BUSINESS. BUT I ALSO NEED TO HELP THE VISION AND THE DIRECTION THAT WE'RE TAKING AND WE'RE SITTING IN. AND HOW DO I SAY YES TO MUHAMMAD AND NOT TO THE OTHER PEOPLE WHO ARE COMING HERE, THAT THEY'RE COMING TO MY OFFICE BECAUSE THEY CAN BARELY SPEAK ENGLISH. AND THEY'RE COMING TO ME CRYING, ASKING FOR HELP. WHAT DO I TELL THEM THEN? [03:55:01] COMMISSIONER, IS THIS SORT OF DIFFERENT WHERE MUHAMMAD’S SITUATION, THIS, I THINK HE MOVED IN AS SOON AS THE LEGISLATION PASSED. I THINK THIS MIGHT HAVE JUST BEEN SLIGHTLY DIFFERENT IN THAT SITUATION. I THINK THE SITUATIONS YOU'RE DESCRIBING ARE MORE, THESE PEOPLE WANT, A, TO HAVE IT PERMANENTLY, OR THEY HAVE BEEN THERE FOR... LONGER PERIOD OF TIME. I MEAN, TOM, MAYBE YOU CAN JUST GIVE US THE QUICK OVERVIEW OF WHERE WE ARE TODAY AND HOW WE GOT HERE. SO THE THE LEGISLATION THAT REGULATES TOBACCO AND VAPE WAS ADOPTED IN 2017. IT WAS INITIALLY AN EFFORT BY A FORMER COMMISSIONER TO REGULATE TOBACCO AND VAPE STORES ALONG 41ST STREET BECAUSE OF THEIR PROXIMITY TO A COUPLE OF SCHOOLS. AND THEN THE LEGISLATION BECAME MORE EXPANSIVE TO INCLUDE DISTANCE SEPARATIONS FOR ALL RETAIL SALES OF TOBACCO AND VAPE CITYWIDE. AND THAT WENT INTO EFFECT SOMETIME AROUND 2018. SO OUR CURRENT REGULATIONS HAVE BEEN IN PLACE SINCE 2018. APPARENTLY, MR. ISLAM, WHEN HE ACQUIRED THE RIGHTS TO THIS PARTICULAR PROPERTY, WAS UNDER THE ASSUMPTION THAT HE COULD SELL TOBACCO AND VAPE. HE WAS NOT ABLE TO BECAUSE IT DID NOT MEET THE CURRENT DISTANCE SEPARATION REQUIREMENTS. THAT'S WHY HE REQUESTED THIS RELIEF. THE RELIEF THAT WAS DRAFTED IS VERY LIMITED. IT'S SPECIFIC TO CONVENIENCE STORES ONLY, AND IT CAN BE NO MORE THAN 5% OF THE FLOOR AREA. AND NOW THERE IS A SUNSET PROVISION WITHIN THIS EXCEPTION AREA WHERE SOMEBODY WHO MAY TAKE ADVANTAGE OF IT WOULD HAVE TO CEASE THESE SALES NO LATER THAN THREE YEARS FROM ADOPTION. WAS THE REASON FOR MR. ISLAM NOT KNOWING BECAUSE OF HOW TIGHT THE TIME TURNAROUND WAS, THIS ORDINANCE JUST PASSED, AND THEN HE BOUGHT HIS PROPERTY? I DON'T KNOW THE SPECIFICS OF WHEN HE ACQUIRED THE PROPERTY, BUT THE DISTANCE SEPARATION REQUIREMENTS HAVE BEEN IN PLACE SINCE 2018. SO I DON'T KNOW WHEN HE ACTUALLY ACQUIRED THE RIGHTS TO IT, BUT THE REGULATIONS HAVE BEEN IN PLACE FOR SOME TIME. COMMISSIONER FERNANDEZ SAID THIS WAS YOUR ORDINANCE. WE DID AN EXPANSION IN NORTH BEACH, DIDN'T WE DO? THE EXPANSION IN NORTH BEACH WAS ACTUALLY TO PROVIDE. PROHIBIT THESE USES. RIGHT. BUT BECAUSE OF SB 180. IT GOT REPEALED? IT DIDN'T GET REPEALED, BUT WE CAN ENFORCE THAT PROVISION WITHIN THE NORTH BEACH OVERLAY TO PROHIBIT IT. WE INCLUDE. BECAUSE I THINK NORTH OF 68. 3RD STREET, WHAT WE DID WAS UNIFORM POLICY PROHIBITING THESE TYPES OF NONSENSE USES. CORRECT. AND WE AMENDED THAT SECTION OF THE CODE IN AN ABUNDANCE OF CAUTION, BUT THAT PARTICULAR SECTION WOULD NOT BE APPLICABLE BECAUSE OF SB 180, BUT THE OTHER PROVISION WHICH WAS ADOPTED IN 2018 WOULD BE. SO EITHER WAY, HE WOULDN'T MEET THE CURRENT DISTANCE SEPARATION REQUIREMENTS THAT ARE IN PLACE. I HAVE A QUESTION. SO THE OTHER BUSINESSES WHO ARE COMING TO COMMISSIONER FERNANDEZ, I MEAN, I HEAR WHAT YOU'RE SAYING. THE PROBLEM WITH THIS BUSINESS WAS THAT NOBODY KNEW THAT THIS OVERLAY EXISTED, PROHIBITING THIS USE. IS THAT THE SAME CIRCUMSTANCE FOR THE OTHER BUSINESSES, OR ARE THEY LIKE, CAN YOU GIVE US A LITTLE MORE CONTEXT? I MEAN, I DON'T HAVE THE INFORMATION IN FRONT OF ME. TOM, YOU'VE BEEN I DID MEET WITH A GENTLEMAN WHO OPERATES, YEAH, RENE PRIMO. HE HAS AN EXISTING, I BELIEVE, CONVENIENCE STORE WITHIN 4332 COLLINS THAT DOES NOT MEET THE 01,200-FOOT DISTANCE SEPARATION SIMILAR TO MR. ISLAM. THOSE REGULATIONS HAVE BEEN IN PLACE SINCE 2018, AND I HAD TO EXPLAIN TO HIM THAT BECAUSE THERE'S AN OVARIAN PROVISION, THAT THERE WAS REALLY NO OTHER OPTION. BUT DID HE OWN HIS BUSINESS PRIOR TO 2018? THAT I DON'T KNOW. I DON'T KNOW WHEN HE ACQUIRED THAT PARTICULAR TENANT SPACE. I DON'T THINK THAT HE OWNS THE SPACE. I THINK HE'S JUST A TENANT. RIGHT, BUT I MEAN, SO THAT IS THE ISSUE THEN. IF ALL THESE PEOPLE ARE GETTING CAUGHT UP BECAUSE SOMEHOW WE HAVE AN OVERLAY THAT PROHIBITS THEM FROM DOING SOMETHING THAT SEEMS LIKE IT WOULD... BE A NORMAL USE AND THERE'S NO WAY THEY CAN FIND OUT ABOUT IT, THAT'S A BIGGER ISSUE. I MEAN, IT'S NOT NECESSARILY THE CITY'S JOB TO REACH OUT TO PROSPECTIVE BUYERS OR TENANTS, BUT THERE HAS TO BE A MECHANISM FOR PEOPLE TO GET THE INFORMATION THEY NEED WHEN THEY'RE GOING TO RENT OR BUY A PROPERTY TO UNDERSTAND WHAT THE USES ARE. I MEAN, WE'VE SEEN OTHER ISSUES. SIMILAR TO THIS, NOT EXACTLY, [04:00:01] BUT WHERE PEOPLE LEASE A SPACE THAT USED TO BE A BAKERY AND NOW THEY WANT TO DO A YOGA STUDIO AND IT'S THIS REALLY CRAZY ONEROUS THING TO CHANGE THE USAGE BECAUSE OF THE WAY OUR LAND USE LAWS ARE. IT'S NOT ANALOGOUS, BUT IT'S NOT WILDLY DIFFERENT TO FUNDAMENTAL ISSUES. SO HOW DO WE ADDRESS THAT? AND I DON'T MEAN TO CALL THIS OTHER PERSON OUT, AND WE DON'T KNOW WHAT THE EXACT SPECIFICS ARE, BUT I UNDERSTAND WHAT THE CONCERN IS BECAUSE THERE ARE GOING TO BE A NUMBER OF NON-CONFORMING USES. AND I REMEMBER SITTING ON THE PLANNING BOARD WHEN, I FORGET THE GUY'S NAME, BUT HE MUST HAVE COME, I DON'T KNOW, ALEX OR JOE, IF YOU GUYS WERE ON THE BOARD AT THE TIME, HE CAME FOR LIKE THREE OR FOUR MONTHS STRAIGHT. AND I’M SURE YOU REMEMBER, TOM, LIKE HE WAS HAVING A CONNIPTION ABOUT HOW ARE YOU SUPPOSED TO RUN A CITY WHERE ON THE SAME BLOCK YOU'VE GOT SIX PEOPLE DOING SIX VERSIONS OF THE SAME THING, BUT NONE OF THEM CAN DO IT THE SAME WAY. AND THIS IS NOW BORNE OUT. SO WHAT DO WE DO? THAT'S SORT OF THE NATURE OF CREATING NON-CONFORMING USES WHEN YOU IT'S DIFFICULT TO DO THIS NOW UNDER SB 180 BUT PREVIOUSLY WHEN THE COMMISSION CREATED FIRST THE ART DECO MIMO OVERLAY THEN EXPANDED IT TO NORTH BEACH THE PURPOSE WAS TO ALLOW EXISTING BUSINESSES TO STAY AND REMAIN BUT DOWN THE LINE THERE WOULD BE NO NEW BUSINESSES. THAT'S JUST THE NATURE OF ESTABLISHING NON-CONFORMING BUSINESSES. EXISTING NON-CONFORMING BUSINESSES CAN REMAIN, BUT NEW ONES CAN'T OPEN UP. TO THE EXTENT THAT YOU WANT TO TAKE A LOOK AT NON-CONFORMING BUSINESSES AND PROVIDE MORE LIMITED RELIEF, YOU CAN CERTAINLY DO THAT AS AMENDMENTS TO THE LDRS. NO, I THINK THE ISSUE IS THAT IF SOMEBODY IS COMING IN TO LEASE A SPACE OR BUY A PROPERTY, THERE NEEDS TO BE A REALLY CLEAR WAY FOR THEM TO KNOW WHAT THEY CAN DO THERE. YOU KNOW, LIKE IF MOHAMMED, DON'T TAKE OFFENSE AT THIS, IT'S NOT A GREAT EXAMPLE, BUT IF YOU WANTED TO OPEN UP A STRIP CLUB THERE, THAT IS NOT A PERMISSIBLE USE. AND SOMEBODY WOULD HAVE SAID WHEN YOU WENT TO GET YOUR BTR, SORRY, YOU CAN'T DO THAT, RIGHT? LIKE SOMETHING THAT EGREGIOUS WOULD BE KNOWN. BECAUSE IT'S EGREGIOUS. BUT THIS IS SUCH A DEGREE OF NUANCE. IS IT UPON WHOSE SHOULDERS IS IT INCUMBENT TO MAKE THIS KNOWLEDGE KNOWN TO THE PEOPLE WHO ARE GOING TO BE INVESTING THEIR DOLLARS TO CREATE A BUSINESS? IS IT THE CITY'S RESPONSIBILITY? IS IT THE LEASING AGENT? IS IT THE REAL ESTATE? SHOULD IT BE POSTED IN A DIRECTORY OR ON THE SIGN SAYING THESE ARE THE PERMITTED? USES FOR THIS SPACE, I DON'T KNOW AND THAT'S WHAT I’M ASKING BECAUSE IT'S I DON'T THINK THESE ARE GOING TO BE THE ONLY TWO ISSUES GIVEN THAT WE HAVE ALREADY CREATED THESE NON-CONFORMING USES. I THINK THIS WILL CONTINUE TO BE A THING THAT WE HAVE TO WRESTLE WITH IN VARIOUS ITERATIONS WE RECEIVE A LOT OF REQUESTS A LOT OF REQUESTS FOR WHAT IS KNOWN AS A ZONING VERIFICATION LETTER WHERE EITHER OUR PROSPECTIVE BUYER A PROSPECTIVE TENANT? HAS VERY SPECIFIC QUESTIONS ABOUT WHAT THEY CAN AND CAN'T DO WITH THEIR PROPERTY BEFORE THEY ENTER INTO A LEASE, BEFORE THEY ENTER INTO A CONTRACT TO PURCHASE IT. AND THEN THEY WILL SOMETIMES EMAIL US AND SAY, IS THIS USE PERMITTED? WE CAN TAKE A QUICK LOOK AND SAY, THIS USE IS CURRENTLY NOT PERMITTED. AND THEN THEY WOULD SAY, WELL, HOW DO I GET THAT OFFICIAL REQUEST OF ZONING VERIFICATION LETTER? I SIGN AN OFFICIAL LETTER ON CITY STATIONERY THAT SAYS THIS IS WHAT YOU CAN AND CAN'T DO. AND OFTENTIMES PEOPLE WILL DO THAT FOR THEIR OWN PROTECTION BECAUSE THEY DON'T TRUST WHAT THE CURRENT PROPERTY OWNER IS SAYING OR WHAT A LEASING AGENT MIGHT BE SAYING OR BECAUSE THEIR FINANCIAL INSTITUTION IS DEMANDING THAT THEY RECEIVE VERIFICATION THAT WHAT THEY'RE PROPOSING TO DO IS CURRENTLY ALLOWED. AND SO MOST PEOPLE WILL REACH OUT AND DO THEIR DUE DILIGENCE. ULTIMATELY, IT DOES FALL UNDER THE RESPONSIBILITY OF THE PROSPECTIVE TENANT. OR THE PROSPECTIVE FUTURE BUYER OF THEIR PROPERTY TO UNDERSTAND WHAT THEY CAN AND CAN'T DO WITHIN A PROPERTY. SO IT'S REALLY CAVEAT EMPTOR IS WHAT YOU'RE SAYING. AND THAT'S WHERE I’M HAVING ISSUES, RIGHT? I THINK WE'RE ALL SYMPATHETIC BECAUSE MUHAMMAD IS SUCH A PILLAR OF OUR COMMUNITY, RIGHT? HE'S A GOOD AND HONEST MAN. HE'S AN HONEST BROKER, A FAMILY MAN. BUT FOR THIS HERE, TELL ME IF I’M WRONG, THERE WAS NO ACT BY THE CITY TO CAUSE THIS NOT TO BE KNOWN. IT WOULD BE AKIN TO SOMEBODY BUYING A BAR ON WEST AVENUE OR IN SUNSET HARBOR AND SAYING, I THOUGHT I WAS ALLOWED TO OPERATE UNTIL 5 A.M., EVEN THOUGH WE CHANGED THE ALCOHOL HOURS SEVERAL YEARS AGO. AND WE WOULD SAY, WELL, YOU KNOW WHAT, YOU'RE A GOOD GUY, SO WE'LL LET YOU GO UNTIL 5 A.M. WE HAVE LAWS OR WE DON'T. AND ABSENT YOU TELLING ME IT [04:05:01] WAS A FAULT OF THE CITY, SOMETHING THAT WE DID, OR THERE WAS SOMETHING WITH TIMING, I’M REALLY HARD-PRESSED TO SEE THAT ALLOWANCE. THERE'S CERTAINLY NOTHING THAT I’M AWARE OF WHERE TO SEE IT. OH, MY GOODNESS. OLD COFFEE SPELL. GOOD TIME FOR YOU. YOU WANTED TO SPEAK. WE'VE GOT COMMISSIONER MATTIAS SALINAS. OH, MY GOD. YOU KNOW, MOHAMED IS NOT A NEW BUSINESS OWNER, AND HE'S WORKED IN OUR CITY FOR DECADES, AND THE FACT THAT HE DIDN'T HAVE THIS INFORMATION IS WHAT'S GIVING ME A HARD TIME. WE MOVED THE ITEM, AND THERE'S A SECOND. IT DOES NEED FIVE VOTES, BUT THIS IS REALLY IMPORTANT FOR MOHAMED AND HIS FAMILY, AND I’D REALLY LIKE TO SEE SUPPORT HERE. COMMISSIONER MATEO SALINAS. I’M JUST GOING TO SAY THAT... I WAS ON THE FENCE ABOUT THIS TOO, MOHAMED. I DO LIKE YOU AND RESPECT YOU. I AM GOING TO SUPPORT THIS TODAY FOR TWO REASONS. NUMBER ONE, BECAUSE IT DOES SUNSET AFTER THREE YEARS. I’M NOT A FAN OF VAPES, SO I LIKE THE FACT THAT IT'S GOING TO SUNSET AND END IN THREE YEARS. AND THEN NUMBER TWO, IT'S ONLY 5% OF THE BUSINESS. IS THAT RIGHT, TOM, OR WHAT WAS THAT? IT'S LIMITED TO CONVENIENCE STORES ONLY AND NO MORE THAN 5% OF THE FLOOR AREA. OF THE FLOOR AREA? YEAH. SO THAT'S SOMETHING THAT'S ON THE CASH REGISTER, A SMALL LITTLE... CAN I TALK ONE MINUTE? REGULAR CONCEPT OF THE CONVENIENCE STORE OR THE SMALL BUSINESS, THERE'S TWO THINGS. THEY SAY LICENSE NAME IS 2APS. THAT MEANS TOBACCO, ALCOHOL, BOTH OF THE SAME FROM THE STATE. BUT ONLY DISTANCE BARRIER, CITY OF MIAMI BEACH HAVE SOME... THAT'S WHY WE ARE SUFFERING. SO AS LONG AS WE PAY TO THE CITY, WE HAVE A CITY LICENSE, WE HAVE EVERYTHING. SO DISTANT BARRIERS IS NOT HARMFUL. BUT ANYWAY, I MEAN, I’M JUST STILL, I AGREE WITH THE THREE YEARS PERMISSION. AT LEAST WE CAN SELL SOMETHING. AND THEN SHUT DOWN. LET ME ASK. AND THEN, WAIT, I JUST WANT TO FINISH. AND SO BECAUSE OF THOSE TWO PROVISIONS, THE LIMIT OF THREE YEARS, THE SUNSET PROVISION, AS WELL AS THE 5% OF FLOOR SPACE, I’M GOING TO SUPPORT THIS TODAY. AND I WOULD ALSO BE INTERESTED IN HEARING ABOUT SOMETHING ABOUT THAT OTHER BUSINESS IF THEY KEEP TO THOSE SAME RESTRICTIONS BECAUSE IT REALLY IS SUCH A SMALL PIECE. AND IT HELPS THEM, BUT ALSO IT'S KIND OF A HAPPY MEDIUM COMPROMISE. THANK YOU. AND SO THAT'S WHAT I WANT TO ASK. IS ZONING ESTABLISHES, YOU KNOW, A LEVEL PLAYING FIELD. BUT THEN WE'RE COMING HERE AND WE'RE MAKING AN EXCEPTION FOR ONE ESTABLISHMENT OVER THE OTHER. THANK YOU. SO WOULDN'T IT BE... WHAT HAPPENED? HE'S A DANGEROUS CITIZEN. I DON'T THINK THAT'S WHERE YOU'RE LEADING. YOU'RE WELCOME. I’M NOT CLEAR ABOUT THAT. IT'S A TEMPORARY EXCEPTION. BUT SO IN A SITUATION LIKE THAT, I WANT TO ASK OUR CHIEF DEPUTY CITY ATTORNEY, NICK KALURCHIS. WHAT I WANT IS I WANT THERE TO BE PARITY. MOHAMMED IS HERE BECAUSE MOHAMMED KNOWS US. WE KNOW HIM. AND WE KNOW HE'S A GOOD NEIGHBOR. HE'S A GOOD BUSINESS OWNER AND HE CARES ABOUT NORTH BEACH AND WE KNOW THAT HE'S NOT GOING TO ABUSE THIS IN ANY WAY. BUT NOT EVERYONE HAS THAT BENEFIT. NOT EVERYONE HAS THAT ACCESS TO US WHERE WE'RE GOING TO FEEL COMFORTABLE ADVANCING LEGISLATION IF THEY WERE TO FIND THEMSELVES IN THE SAME SCENARIO. AND SO, YOU KNOW, COULD WE ESTABLISH A FRAMEWORK WHERE IF SOMEONE IS INTERESTED IN DOING SOMETHING LIKE THIS? THEY COULD SEEK A VARIANCE FROM THE BOARD OF ADJUSTMENTS, AMEND THE CODE IN THAT WAY SO THAT IT GOES TO THE BOARD OF ADJUSTMENTS. IT HAS A PUBLIC HEARING. IT'S PUBLICLY NOTICED. THE COMMUNITY CAN PARTICIPATE. THE COMMUNITY HAS AN OPPORTUNITY TO WEIGH IN. AND EVERYONE THAT IS IN THE SAME SITUATION THEN CAN APPLY FOR A VARIANCE AND IS CONSIDERED ON A CASE-BY-CASE BASIS. AS OPPOSED TO US SAYING, WELL, WE LIKE MUHAMMAD, SO WE'RE GOING TO SPONSOR LEGISLATION FOR MUHAMMAD, BUT EVERYONE ELSE WHO MAY FIND THEM... I MEAN, WE HAD THIS ISSUE A FEW YEARS AGO. I LOVE LIQUORS ON ALTON ROAD. SAME EXACT SITUATION. THEY WEREN'T ABLE TO APPLY FOR A VARIANCE. BUT NOW WE'RE COMING HERE TO THIS ESTABLISHMENT, AND BECAUSE WE KNOW MUHAMMAD, WE'RE DOING THE LEGISLATION. BUT YET I HAD RENE AND FLOR [04:10:01] THAT CAME TO MY OFFICE. WITH A SIMILAR SITUATION, AND I’M LIKE BEING A STICKLER HERE BECAUSE, YOU KNOW, I’M TRYING TO PROTECT THE CODE AND SAYING, YOU KNOW, I’M SORRY, WE CAN'T DO THIS. SO WE'RE GOING TO DO THIS. I JUST WANT TO CREATE A FAIR AND EVEN PLAYING FIELD WHERE EVERYONE THAT FINDS THEMSELVES IN THIS SITUATION CAN BE CONSIDERED, BUT BASED ON OBJECTIVE CRITERIA, BASED ON PUBLIC HEARINGS, AND GIVING AN OPPORTUNITY FOR THE SURROUNDING NEIGHBORS THAT IF THEY HAVE CONCERNS. THAT THEY FIND OUT AND THEY BE ABLE TO BE NOTIFIED AND PARTICIPATE ON HERE IS THERE A WAY THAT WE COULD DO THAT YES COMMISSIONER THE EXISTING ORDINANCE PROHIBITS VARIANCES FROM THE MINIMUM DISTANCE SEPARATION REQUIREMENT AND I THINK IT WOULD BE WITHIN THE SCOPE OF WHAT WAS NOTICED IF YOU WANTED TO STRIKE THAT LINE FOUR AT THE BOTTOM OF PAGE 1119 OF YOUR BOOKS WHICH SAYS VARIANCES FROM THE REQUIREMENTS OF THIS SECTION SHALL BE PROHIBITED. SO YOU COULD STRIKE THAT. AND THEN THAT WOULD ESSENTIALLY ALLOW AN APPLICANT TO SEEK A VARIANCE FROM THE BOARD OF ADJUSTMENT. NOW, THEY WOULD HAVE TO MEET, THE BOARD WOULD HAVE TO FIND THAT THEY MEET THE HARDSHIP STANDARD FOR THE GRANTING OF A VARIANCE, BUT THEY WOULD BE ELIGIBLE TO APPLY. NOW, BUT MY ISSUE IS THAT THIS HERE SPEAKS SPECIFICALLY TO SECTION 7.3.10, WHICH IS NORTH BEACH COMMERCIAL OVERLAY BUT THIS IS AN ISSUE THAT IS THAT THAT IS GOING ON FOR EXAMPLE IN THE IN THE ART DECO SOUTH BEACH MIMO OVERLAY DISTRICT AND IT'S GOING ON WITH WITH OTHER DISTANCE SEPARATIONS FOR EXAMPLE ON THE ON ALTON ROAD AND IN OTHER AREAS SO I MEAN WE CAN CHANGE IT HERE WOULD ONLY APPLY TO SOME POINT THREE POINT ONE ZERO BUT IT WOULDN'T APPLY TO THE OTHER ONES NOT TO TOSS AROUND MY KNOWLEDGE OF THE CODE, I THINK COMMISSIONER BODMER. RIGHT. COMMISSIONER, THE ONLY THING I THINK AS NICK SAID UNDER SECTION 2 WHICH IS 7.5.5.9 UNDER SPECIALIZED USE REGULATIONS WHILE YOU COULD STRIKE THE NO VARIANCE PROVISION THE ONLY CAUTION I WOULD ADD IS THAT THAT IS APPLICABLE TO ALL DISTANCE SEPARATION REQUIREMENTS, INCLUDING THE MINIMUM DISTANCE SEPARATION REQUIREMENT FROM SCHOOLS. AND THAT WAS THE CHIEF REASON A NO VARIANCE PROVISION WAS PUT IN THERE, WAS SO THAT PEOPLE COULD NOT APPLY FOR A VARIANCE FROM MINIMUM DISTANCE SEPARATION FROM SCHOOLS. MR. ISLAM DOES NOT HAVE AN ISSUE WITH THE DISTANCE SEPARATION FROM SCHOOLS, BUT HE DOES HAVE A DISTANCE SEPARATION FROM. OTHER RETAIL SALES OF TOBACCO IS THERE A WAY THAT WE COULD AMEND IT IN A WAY THAT IT WOULDN'T APPLY TO SCHOOL DISTANCE SEPARATIONS YES WE COULD AMEND THAT SECTION 4 SO THAT VARIANCES ARE ONLY PROHIBITED FROM BETWEEN A TOBACCO AND VAPE DEALER AND A SCHOOL. AND THEN THAT WOULD ALLOW AN APPLICANT TO SEEK A VARIANCE FROM THE DISTANCE SEPARATION BETWEEN EXISTING TOBACCO AND VAPE DEALERS. THAT'S THE ONLY WAY I CAN SUPPORT THIS. I REALLY DON'T LIKE DISORDNANCE. BUT I’VE BEEN SAYING NO TO PEOPLE, AND THEN NOW WE'RE GOING TO ALLOW THIS. WELL, THEN, YOU KNOW, THEN... THEN WHY AM I SAYING NO TO EVERYONE ELSE? SO I JUST WANT TO MAKE SURE THEN IF WE'RE GOING TO MOVE FORWARD AND ALLOW SOMETHING FOR ONE INDIVIDUAL, WE GIVE AN EQUAL OPPORTUNITY FOR WHOEVER WHO'S IN THIS SITUATION, BUT THEY HAVE TO SHOW THEIR HARDSHIP. THEY HAVE TO SHOW THEIR HARDSHIP. IT HAS TO GO TO THE BOA. WE'RE NOT THE ONES THAT ARE MAKING A DECISION HERE BASED ON POLITICS AND WHO WE LIKE OR WHO WE DON'T LIKE. THEY HAVE TO SHOW THEIR HARDSHIP. THERE HAS TO BE A MAILED NOTICE, THERE HAS TO BE A PUBLIC HEARING AT THE BOA, AND HAVE THEM MAKE THAT DETERMINATION. SO IS YOUR AMENDMENT TO PASS THIS TODAY AND THEN AMEND IT SO THAT FUTURE PEOPLE CAN APPLY THROUGH THE BOARD OF ADJUSTMENT? AND JUST FOR THE RECORD, I GO TO BAT FOR EVERYBODY THAT COMES TO MY OFFICE, AND I KNOW THAT WE ALL DO, BECAUSE EVERYONE'S IMPORTANT. SO IT'S NOT THAT I LIKE MOHAMMED OR DON'T LIKE [04:15:01] MOHAMMED. I’M NOT SAYING YOU, I’M SAYING ME. I’VE BEEN, I’VE BEEN. I’VE BEEN TRYING TO BE A STICKLER TO THE CODE WITH THESE THINGS, IN PART BECAUSE I FEEL VERY STRONGLY ABOUT IT. SO CAN WE MAKE THAT AMENDMENT IF WE VOTE FOR THIS AND THEN FUTURE ONES CAN ALSO APPLY FOR CONSIDERATION THROUGH THE BOA? NOT ALSO, BUT WHAT YOU'RE SUGGESTING, COMMISSIONER DIBNY, AS FAR AS I UNDERSTAND, IS TODAY WE GO FORWARD AS PLANNED AND PROSPECTIVELY ANY FURTHER... FUTURE ISSUES LIKE THIS GET HANDLED IN A DIFFERENT WAY. THAT'S CORRECT. THE ONLY THING I WOULD CAUTION THE COMMISSION ON IS THAT THE ORDINANCE BEFORE YOU HAS A THREE-YEAR SUNSET, BUT IF AN APPLICANT CAN SEEK A VARIANCE FROM THE BOARD OF ADJUSTMENT, THERE WOULD BE NO SUNSET. NO, NO, NO, NO, WAIT, BUT WAIT, WAIT. IT WOULD STILL, THE PROCESS WOULD STILL BE WITHIN A THREE-YEAR SUNSET, SO ANYBODY WHO'S GOT THIS ISSUE NOW. HAS THREE YEARS TO FIGURE THIS OUT, WHETHER THEY GO GET A VARIANCE OR THEY SELL THEIR BUSINESS OR WHATEVER. WE ARE SAYING THIS IS A THING, AND YOU'VE GOT THREE YEARS TO FIGURE IT OUT. AND THEN THE COROLLARY, WHICH WOULD BE A SEPARATE ITEM THAT WE WOULD BRING BECAUSE IT'S A BIGGER CONVERSATION, IS HOW DO WE EDUCATE, HOW DO WE MAKE IT KNOWN AT WHAT POINT WHEN SOMEBODY COMES IN TO GET INFORMATION ABOUT A PROPERTY BEFORE THEY PUT THEIR LIFE SAVINGS DOWN ON A PROPERTY? DO THEY GET INFORMED ABOUT WHAT'S PERMISSIBLE SO WE DON'T HAVE THIS AGAIN? I MEAN, THIS IS NOT OKAY. WE'RE SUPPOSED TO BE WELCOMING NEW BUSINESSES IN, AND SOMETIMES YOU GO INTO BUSINESS BECAUSE YOU'RE PASSIONATE ABOUT WIDGETS, BUT YOU'RE NOT A LAND USE ATTORNEY AND YOU DON'T KNOW ABOUT ZONING LAWS. AND SO, YOU KNOW, IT'S NOT OUR JOB TO BABYSIT EVERYONE, BUT ALSO IT'S NOT OUR JOB TO, YOU KNOW, SIT ON OUR HANDS SAYING, WELL, TOO BAD FOR YOU BECAUSE WE HAVE A WILDLY COMPLICATED SET OF OVERLAYS IN ZONING. AND SO... LET'S FIGURE OUT A WAY TO DO THIS FOR THE NEXT THREE YEARS, HAVE A GRACE PERIOD FOR EVERYBODY WHO'S HERE IN THE SITUATION NOW AND ALSO IN THAT SAME TIMEFRAME AND SOONER RATHER THAN LATER, FIGURE OUT A WAY THAT THIS DOESN'T HAPPEN TO ANYBODY ELSE GOING FORWARD. LET ME ASK, THE PLANNING BOARD VOTED AGAINST THE 7-0. THE CITY ADMINISTRATION IS AGAINST THIS. CORRECT. I’M JUST GRAPPLING, OTHER THAN EVERYONE LIKES MUHAMMAD, I’M GRAPPLING WITH THE RATIONALE. I MEAN, ESPECIALLY SINCE WE'VE MADE THE EFFORT TO, I KNOW MAYBE IT'S NOT A VAPE SHOP, BUT OBVIOUSLY THERE'S A SIGNIFICANCE TO IT. WE WOULDN'T BE HAVING THIS CONVERSATION. IF THERE WASN'T A SIGNIFICANT MONETARY VALUE TO THIS, BUT IT'S ALSO SOMETHING THAT WE'RE TRYING TO DISSUADE FROM OUR COMMUNITIES. WE WANT TO ELEVATE, AND VAPING DOESN'T DO IT. I THINK WITH THE SUNSET PROVISION, IT'S TAKING US WHERE WE NEED TO BE. WE DID THAT WITH THE HOOKAHS ON LINCOLN ROAD OTHER COMMISSIONS AGO. MARY, YOU WERE PROBABLY ON THAT COMMISSION. I WILL ALSO MENTION THAT... YEAH, I THINK I VOTED AGAINST IT. TWO OF THE THREE BUSINESSES DID GO OUT OF BUSINESS, BUT THAT'S NOT HERE OR THERE. THIS IS ABOUT PROTECTING A SMALL BUSINESS WITH A TINY PERCENT OF THEIR BUSINESS MODEL BEING IN THIS REALM. AND IT'S NOT FOREVER. IT'S FOR A SMALL AMOUNT OF TIME. AND I THINK IT'S IMPORTANT THAT WE SHOW UP TO THE BUSINESS COMMUNITY. WELL, LET ME ASK YOU THIS, TOM. I SAW A BUSINESS IN A DIFFERENT PART OF THE CITY THAT ADVERTISED ON ITS STORE. SO WE SELL VAPE AND TOBACCO PRODUCTS, BUT THAT THEORETICALLY HAPPENED HERE TOO? HE WOULD NOT BE ABLE TO HAVE SIGNAGE THAT SAYS VAPE OR TOBACCO UNDERNEATH THIS. HIS WOULD BASICALLY BE THE ABILITY IN A VERY LIMITED CAPACITY TO SELL IT AS PART OF A LARGER CONVENIENCE STORE, BUT HE WOULDN'T BE ABLE TO HAVE SIGNAGE THAT ADVERTISED TOBACCO. A LOT OF THOSE UNFORTUNATELY ARE ILLEGAL ANYWAY. WAIT, HANG ON, HANG ON. A LOT OF THOSE ARE ILLEGAL ANYWAY. THOSE STORES ARE ILLEGAL OR THE SIGNAGE? THE SIGNS. OKAY, SO WE HAVE SPENT ALL MORNING TALKING ABOUT ENFORCEMENT. SO IF WE KNOW THAT WE HAVE A WHOLE BUNCH OF STORES WHO ARE SELLING A PRODUCT THAT WE ARE TRYING TO NOT ENCOURAGE, IT'S NOT ILLEGAL FOR THEM TO SELL IT, BUT THE SIGNAGE IS ILLEGAL? I DON'T KNOW. IN SOME CASES. OKAY, HERNAN, CAN WE DO A SWEEP? I DON'T WANT TO, I DON'T MEAN TO PUT YOU ON THE HOT SPOT, BUT WHY ARE, WHY IS THAT ALLOWED? IF WE KNOW IT'S ILLEGAL, LIKE LET'S DO A BLOCK BY BLOCK SWEEP. AND AT LEAST LIKE WE CAN'T TELL PEOPLE WHAT NOT TO SELL OR WHAT TO SELL GIVEN THE LAWS. BUT IF WE HAVE LAWS SAYING YOU CAN'T PUT THAT SIGN IN YOUR WINDOW, ENFORCE THE LAW. THAT, THAT HELPS ALREADY. THAT CHANGES THE CHARACTER. [04:20:01] OF WHAT THAT RETAIL SPACE LOOKS LIKE. WHY ARE WE NOT DOING THAT? I’M SORRY, I DON'T MEAN TO GO OFF ON A TANTRUM. YOU KNOW, IT'S THAT KIND OF DAY. NOT THE FIRST, NOT THE LAST KIND OF DAY. THERE ARE A NUMBER OF TIMES THAT WE WILL REACH OUT TO CODE ABOUT THIS. BUT I’M NOT SAYING WE REACH OUT TO CODE. WHY COULDN'T WE? AND I KNOW MARK TAXIS HAS NEIGHBORHOOD AREA MANAGERS, RIGHT? AND WE TALKED ABOUT THIS A COUPLE WEEKS AGO. AND WHAT ARE WE DOING WITH THE AREA NEIGHBORHOOD MANAGERS? I’VE ASKED FOR A BLOCK-BY-BLOCK SWEEP AT LEAST ONCE A QUARTER. AND SO THAT SHOULD BE A NO-BRAINER. ANYTIME SOMEBODY SEES IT, NOT TO BE CALLED IN, BECAUSE RESIDENTS DON'T KNOW WHAT SIGNAGE IS LEGAL ON A STORE, BUT OUR CODE FOLKS DO AND OUR AREA MANAGERS DO. WHY AREN'T WE JUST PROSPECTIVELY GOING THROUGH EVERY STOREFRONT AND DOING WHAT'S RIGHT? HEY COMMISSIONER HERNAN, BERDINO FOR CODE COMPLIANCE, AND YES WE ARE. I’LL GET YOU SOME OF THAT INFORMATION, BUT WE DO DO IT PROACTIVELY AND COMPLAINT DRIVEN. BUT ARE WE DOING IT PROACTIVELY IN A BLOCK BY BLOCK GRID PATTERN, LIKE JUST GOING THROUGH EVERY SINGLE STORE UNTIL WE HIT ALL OF THEM AND THEN WE START AGAIN THE NEXT YEAR? WE DO IT IN ALL THREE DISTRICTS, YES. AND IT'S A GRID PATTERN. SO IN THEORY, BY THE END OF THE YEAR, THERE SHOULD BE NO ILLEGAL ADVERTISING. IN THEORY. OKAY, AND WHEN A NEW BUSINESS OPENS, LET'S SAY A NEW CONVENIENCE STORE OPENS, AND THEY'RE NOT ALLOWED TO HAVE VAPE ADS ON THEIR DOORS, WHAT INFORMATION DO WE GIVE THEM? BECAUSE THE RETAILERS DEAL WITH THE SALESPEOPLE, AND RJR AND ALL THE VAPE COMPANIES AND WHOEVER ELSE IS OUT THERE THESE DAYS, THEY ARE COMING IN AND SAYING, HEY, IF YOU BUY 10 PACKS OF X, I’LL GIVE YOU A WINDOW DISPLAY AND A NEON SIGN. THEY DON'T KNOW. TO THEM, THEY'RE GETTING FREE STUFF THAT HELPS THEIR SALES. AND AS A SMALL BUSINESS OWNER, THAT'S A NO-BRAINER. BUT IF YOU ARE BEING TOLD, YEAH, YOU ACCEPT THAT AND PUT IT OUT, YOU WILL GET FINED. YOU WILL GET, YOU KNOW, YOU MIGHT LOSE YOUR BUSINESS TAX RECEIPT, YOUR BTR. YOU MIGHT, ALL THESE PUNITIVE THINGS MIGHT HAPPEN. BUT THEY HAVE NO WAY OF KNOWING THAT BECAUSE ALL THEY'RE HEARING IS FROM THE SALES GUYS SAYING, LISTEN, BUY A CASE AND WE'LL GET YOU A NEON SIGN. RIGHT, AND ESPECIALLY FOR NEW BUSINESSES, I CAN SHOW YOU EXAMPLES WHERE WE'LL DO EDUCATIONAL OUTREACH. OUR CODE OFFICER WILL GO BY AND WE'LL LEAVE UH PLANNING DEPARTMENT HAS SIGN GUIDELINES PAMPHLET. THAT THEY CREATED AND THAT'S WHAT WE GIVE TO OUR BUSINESS OWNERS. DO WE GIVE IT TO THE BUSINESS OWNERS OR WHOEVER'S SITTING BEHIND THE CASH REGISTER THAT DAY? BECAUSE THAT'S THE ISSUE. I'D HAVE TO GO BACK AND LOOK. WHAT'S THAT? I'D HAVE TO GO BACK AND LOOK. NO, NO, NO, I’M NOT PLAYING GAME AND COUCH GAME. LIKE, ARE WE MAILING IT TO THE PERSON WHO IS SIGNING THE LEASE, THE BUSINESS OWNER WHO MIGHT HAVE A VESTED INTEREST VERSUS THE HOURLY WORKER WHO'S THERE AFTER SCHOOL AND IS JUST LIKE, YOU KNOW, THROW IT IN THE TRASH? THAT'S A DIFFERENT WAY OF COMMUNICATING. AND I’M NOT SAYING YOU'RE DOING SOMETHING WRONG. I’M JUST SAYING, HAVE WE THOUGHT ABOUT THIS PHILOSOPHICALLY ABOUT HOW TO REACH THAT? AND, YOU KNOW, WITH STEPHEN AND HEATHER AND THEIR ECONOMIC DEVELOPMENT SHOP AND TRYING TO GET NEW BUSINESSES OPEN, LIKE, DO WE HAVE SORT OF A DO'S AND DON'TS OF WHAT PEOPLE CAN DO WHEN THEY'RE OPENING THEIR BUSINESS AND WHAT THEY NEED TO CHECK BEFORE THEY SIGN THE LEASE? I’M HEARING CRICKETS. I CAN TELL YOU THAT FROM A ZONING STANDPOINT, WHEN PEOPLE COME IN FOR A PERMIT, WE ADVISE PEOPLE WHAT SIGNAGE IS REQUIRED, WHAT THEIR LIMITATIONS ARE. AND IN MY EXPERIENCE, TELLING BOTH THE BUSINESS OWNER AND THE PROPERTY OWNER IS THE BEST WAY OF ENSURING CONTINUITY BECAUSE OFTENTIMES THE CLERKS, THE HOUR EMPLOYEES, THE TURNOVER IS SO HIGH. CORRECT. THEY'LL GET THE MESSAGE. BUT BY THE TIME THEY'RE COMING TO YOU FOR A PERMIT, THEY'VE ALREADY SIGNED A LEASE OR BOUGHT THE PROPERTY, RIGHT? IN SOME CASES, SOME CASES THEY DON'T, BUT EVEN IF THEY HAVE, SIGNAGE IS SIGNAGE. SO REGARDLESS OF WHETHER YOU'RE A GOURMET COFFEE SHOP OR YOU'RE A CONVENIENCE STORE, THE SIGNAGE REGULATIONS ARE THE SAME. NO, NO, MY POINT IS THAT THAT'S CORRECT. THE SIGNAGE IS THE SIGNAGE. BUT IF THEY ARE INVESTIGATING, LIKE, DOES THIS MAKE SENSE FOR ME BECAUSE I WANT TO DO X AND I LEARNED THAT I CAN'T DO BUT WE'VE GOT SOME PEOPLE WHO HAVE ALREADY COMMITTED TO THE REAL ESTATE, AND SOME PEOPLE ARE JUST GETTING INFORMED. SO IF YOU'VE COMMITTED TO THE REAL ESTATE AND FIND OUT AFTER THE FACT THAT, OH, CRAP, NOBODY TOLD ME THAT I CAN'T DO WHAT I WANT TO DO HERE, AND NOW THEY'RE STUCK. AND THAT'S WHERE YOU GET THESE STORIES OF PEOPLE WHO, YOU KNOW, I WANTED TO DO X, BUT THE CITY TOLD ME I COULDN'T. AND THAT IS EXACTLY THE NARRATIVE WE'RE TRYING TO FIX. I THINK MY TOBACCO ANALOGY IS PRETTY GOOD. I’M SORRY, THE ALCOHOL ANALOGY IS PRETTY GOOD. AT SOME POINT, YES, WE HAVE A COMPLICATED CODE, AND WE'VE WORKED ON REDUCING THE COMPLEXITY OF IT, BUT THE CODE IS THE CODE. TOM AND NICK, IF THIS WOULD GO TO THE BOARD OF ADJUSTMENT OR [04:25:01] SPECIAL MAGISTRATE, IN YOUR OPINION, HOW WOULD THEY RULE? THEY WOULD LOOK AT EACH APPLICATION FAIRLY, BUT THE PERSON REQUESTING THE VARIANCE WOULD HAVE TO ESTABLISH A HARDSHIP. WHY DOES THEIR PARTICULAR ENTITY HAVE A HARDSHIP, AND WHY DO THEY NEED RELIEF FROM THE DISTANCE SEPARATION REQUIREMENTS? BUT IS A HARDSHIP A REASON WHY IT GETS GRANTED YES? IF I WOULD JUST SAY, YOU KNOW WHAT, THAT'S A LARGE PERCENTAGE OF MY BUSINESS, AND I DIDN'T KNOW THE RULE? THAT LIKELY WOULD NOT BE A HARDSHIP. A HARDSHIP WOULD BE SOMETHING THAT WOULD BE UNIQUE TO THE PROPERTY. AND THE PROPERTY OWNER OR THE TENANT WOULD HAVE TO SUBSTANTIATE COMPLIANCE WITH THE HARDSHIP CRITERIA IN ORDER FOR THE BOARD OF ADJUSTMENT TO GRANT A VARIANCE. HOW DID WE SETTLE ON THE THREE YEARS? WHY NOT TWO, WHY NOT ONE? I BELIEVE THAT, IF I RECALL CORRECTLY, THE LAND USE COMMITTEE STARTED AT A LOWER NUMBER AND THEN WORKED THEIR WAY TO THREE. BUT THERE WAS A COUPLE OF DIFFERENT PROPOSALS THAT WERE DISCUSSED. BUT THREE YEARS SEEM TO BE A REASONABLE AMOUNT. SO I'LL PUT MY CARDS ON THE TABLE. MAYBE THIS IS SOMETHING, BECAUSE I THINK WE ARE SPLIT HERE. THERE'S NOT A HARDSHIP. IT'S NOT AS IF IT WAS GRANDFATHERED IN. MR. ISLAM, RIGHTFULLY OR WRONGFULLY, WASN'T AWARE OF WHAT OUR ZONING WAS. SO ANYTHING THAT WE'RE GRANTING HERE IS ESSENTIALLY AN EXTENSION OF GOOD FAITH AND GOODWILL. THREE YEARS IS A LONG TIME, RIGHT? WE WOULD SIT HERE AND SAY, LET'S GIVE ONE YEAR TO ESSENTIALLY WIND DOWN, FIND ANOTHER WAY, ANOTHER PRODUCT TO ESSENTIALLY SUPPLEMENT THAT INCOME. THAT IS HARDSHIP RELIEF, RIGHT? THAT IS ME SAYING, YOU KNOW WHAT? IT IS INCUMBENT ON MR. ISLAM OR ANY OTHER TENANT TO BE VERY FAMILIAR WITH THE ZONING. BUT HE IS A PILLAR OF OUR COMMUNITY. WE'RE NOT GOING TO DO THIS FOR EVERYBODY, BUT HE HAS A YEAR TO REPLACE THAT INCOME OR FIND ANOTHER DIRECTION FOR THE BUSINESS. I’D BE MORE COMFORTABLE THAN THAT. THREE YEARS IS A VERY LONG TIME, RIGHT? THAT IS JUST, AND THERE'S A NEW COMMISSION THAT'S IN AND IT JUST RECYCLES. IF I WAS LIVING IN THIS NEIGHBORHOOD AND I ADVOCATED FOR THE DISTANCE SEPARATION, I WOULDN'T WANT THIS TO BE THEN LINGERING OVER FOR THREE YEARS. IN FACT, EVEN ONE YEAR PROBABLY DOESN'T PRESENT PARITY BECAUSE THIS IS ONLY AN EXCEPTION BEING ALLOWED FOR MR. ISLAM. BUT THAT'S EASIER FOR ME TO SWALLOW DOING ONE YEAR THAN THREE. I DON'T KNOW IF WE WANT TO TAKE OVER. COMMISSIONER MAGAZINE, CAN WE SPLIT IT AND DO 18 MONTHS? AND THEN I JUST WANT TO CLARIFY, BECAUSE THIS EXCEPTION IS SO THAT IT LEVELS THE PLAYING FIELD FOR MOHAMMED ISLAM. RIGHT NOW, HE'S NOT LEVEL. SO I’VE HEARD PEOPLE SAY HERE ON THE DAY IS, WELL, THEN THE PLAYING FIELD'S NOT LEVEL. IT'S NOT LEVEL TO HIM RIGHT NOW, AND THAT'S WHY WE'RE LOOKING TO MAKE THE EXCEPTION. WOULD IT BE CONSIDERED TO DO 18 MONTHS? BECAUSE ONE YEAR MIGHT NOT BE. BE ENOUGH TIME FOR HIM TO TURN OVER. I THINK I COULD BE OKAY WITH THAT, BUT LET ME CLARIFY THAT SECOND POINT BECAUSE I WANT TO BE SURE THAT I’M UNDERSTANDING IT, RIGHT? I GET THAT, OKAY, HE MAY HAVE DIFFERENT, LET'S CALL IT ZONING, THAN SOMEBODY THAT IS RIGHT NEXT TO HIM BECAUSE THEY WERE GRANDFATHERED IN WHERE MR. ISLAM WAS NOT, RIGHT? SO THIS IS A NEW PURCHASE OF A BUSINESS. IT WOULD ALMOST, LET'S GO BACK TO THE HOURS OF OPERATION FOR WEST AVENUE, RIGHT? BODEGA HAS THEIR GRANDFATHERED IT, BUT IF THEY WOULD SELL THAT OR THEY WOULD, SOMEBODY ELSE WOULD BUY A NEW BAR RIGHT NEXT DOOR, THEY WOULD HAVE THE 2AM. CORRECT. SO I’D BE WILLING TO SPLIT THAT DIFFERENCE BECAUSE I DO THINK WE'RE KIND OF GOING ABOVE AND BEYOND FOR ONE PERSON BECAUSE HE IS A PILLAR OF OUR COMMUNITY. HOWEVER, WE DO WANT THIS USAGE. OR THIS ORDINANCE IMPLEMENTED. AND I THINK TWO YEARS IS TOO LONG TO JUST KIND OF LEAVE THE COMMUNITY THERE WITH THIS OVERHANGING. SO I THINK ON FIRST READING, I’D BE OKAY SPLITTING THAT DIFFERENCE AT 18 MONTHS. BUT LET ME, IF I CAN, JUST TO ASK A QUESTION IN THAT SAME LINE OF THINKING. SO YOU'RE SAYING THAT, LET'S SAY BODEGA SELLS AND A NEW PERSON COMES IN. THEY WOULD HAVE TO... ABIDE BY 2 A.M. INSTEAD OF 5 P.M.? OR LET'S SAY RIGHT NEXT DOOR. IF SOMEBODY DECIDED TO BUILD A BAR RIGHT NEXT DOOR, I THINK THAT'S A BETTER ANALOGY, THEY WOULD HAVE TO ABIDE BY 2 A.M., WHERE A BODEGA, BECAUSE THEY'RE GRANDFATHERED IN, THEY WOULD GET TO CONTINUE OPERATING UNTIL 5 [04:30:02] A.M., BUT IF I BOUGHT DUNKIN' DONUTS AND TURNED IT INTO A BAR, I WOULD HAVE TO OPERATE BY 2 A.M., CORRECT, TOM? CORRECT, YEP. BUT THE PROBLEM IS THAT HERE WE'RE SETTING THE PRECEDENT THAT... YOU KNOW, WE'RE GOING TO CREATE EXCEPTIONS TO THE POLICIES THAT WE PASS. THAT'S MY CHALLENGE. I MEAN, PEOPLE COME TO US WITH VARIANCES ALL DAY LONG. THIS IS NOT UNUSUAL. THIS IS A VARIANCE THAT'S BEING REQUESTED. WE HAVE A SUNSET. AND I THINK WE JUST NEED TO MAKE A DECISION. AND IF I MAY, TO THE MAYOR, I THINK, YOU KNOW, PART OF THE JOB OF THAT WE ALL HAVE IS WHEN ISSUES GET ILLUMINATED TO US TO TRY TO FIND SOLUTIONS, NOT JUST FOR THE PARTICULAR EXISTING SET OF CIRCUMSTANCES THAT ELEVATED THE ISSUE, BUT ALSO THE FACT THAT THIS IS AN ISSUE MEANS IT'S NOT JUST ONE PERSON LIKELY HAVING THIS ISSUE. AND SO HOW DO WE FIND A LONGER-TERM SOLUTION THAT SEEMS EQUITABLE? AND SO I THINK THIS CONVERSATION HAS ELEVATED THAT NEED. I THINK IT'S A VERY LEGITIMATE NEED. I KNOW WE'VE DANCED AROUND AT A PLANNING BOARD FOR YEARS, AND I THINK THAT IT IS A TINY PART OF THE BUSINESS. IT IS SUNSET, AND I WOULD BE OKAY. I WOULD ACTUALLY PREFER A SHORTER SUNSET AS WELL. AND AT THE SAME TIME, WITH A SEPARATE ITEM, LET US COLLECTIVELY WORK ON HOW TO TRY TO ENSURE THAT ANYBODY TRYING TO OPEN A BUSINESS HERE KNOWS WHAT THEY'RE ABLE TO DO BEFORE THEY PUT MONEY DOWN ON THE TABLE. AND I DON'T KNOW WHAT THAT IS. IT'S NOT SOMETHING WE'LL DISCUSS HERE. THE OTHER THING I WANT TO SAY TO YOU, MR. ISLAM, IS THAT I WOULD LIKE YOU TO INVITE CODE TO YOUR STORE BY THE END OF THE WEEK. I DON'T KNOW IF HERNAN’S STILL HERE. YEP, HAVE SOMEBODY FROM HERNAN'S EXCELLENT TEAM WALK THROUGH YOUR STORE WITH YOU AND IDENTIFY ANYTHING THAT IS NOT UP TO CODE. I DON'T CARE HOW EMOTIONALLY ATTACHED YOU ARE, IT WILL LOOK LOVELY IN YOUR LIVING ROOM. THE STORE NEEDS TO LOOK LIKE A MILLION BUCKS. SO YOU'RE GETTING GRACE EXTENDED TO YOU TO GET OUT OF THIS SITUATION. IT IS GOING TO BE A TINY PART OF YOUR BUSINESS, SO YOU SHOULD BE ABLE TO REPLACE IT VERY EASILY. AND IF YOU CAN'T, THAT'S NOT AN US PROBLEM, THAT'S A YOU PROBLEM. AND IN THE MEANWHILE... BECAUSE IT IS A THORN IN THE SIDE OF THE COMMUNITY, AND I’M SORRY, IT JUST IS, YOUR JOB IS TO MAKE THAT STORE LOOK RADIANT AND CONFORM WITH OUR LAWS AND MAKE IT LOOK GREAT. ARE WE CLEAR? YES. OKAY. BUT I HAVE THIS QUESTION. WHAT HAPPENS, I JUST NEED TO UNDERSTAND. LET'S SAY THIS GETS PASSED TODAY ON FIRST READING. IT COMES BACK ON SECOND READING, YOU GET YOUR VOTE, AND THEN YOU GET 18 MONTHS. WHAT HAPPENS AT THE END OF THOSE 18 MONTHS WHEN YOU NO LONGER HAVE THE ABILITY TO SELL TOBACCO AND VAPE PRODUCTS? I’M GOING TO WATCH, I’M GOING TO CONTINUOUSLY FOLLOW THESE RULES BY 18 MONTHS. IF YOU SEE THAT I FOLLOW BY RULES AND CODE, THEN YOU GUYS, IF YOU WANT AN EXTENSION, THAT'S FINE, THEN WE CAN... THERE IS NO... THAT IS EXACTLY THE ISSUE. THERE WILL BE NO ISSUE. THERE WILL BE NO EXTENSION. THAT'S MY CHALLENGE. BUT THAT'S WHAT WE'VE TOLD YOU FROM THE BEGINNING. IT'S GOING TO BE A DIFFERENT COMMISSION AT THAT POINT. YEAH, NO, THEN THAT WAS NEVER. BUT THE FACT OF THE MATTER IS THAT THE OTHER TWO BUSINESSES ARE ALLOWED TO. BY LAW AND YOURS ISN'T. AND SO THE REASON WHY WE ARE SPENDING ALL THIS TIME TALKING ABOUT IT IS SO THAT YOU HAVE THE TIME TO EITHER REIMAGINE YOUR BUSINESS MODEL OR START THE PROCESS TO SELL IT NOW, NOT IN 18 MONTHS. THERE WILL BE NO EXTENSION. I AGREE. BUT, MOHAMED, THIS IS WHAT WE NEED TO UNDERSTAND. I AGREE. AT THE END OF THE 18 MONTHS, BECAUSE THIS IS VERY SERIOUS WHAT WE'RE DOING HERE. WE'RE DOING SOMETHING FOR YOU BECAUSE WE CARE ABOUT YOU. YOU I WANT TO REALLY HATS OFF TO MY COLLEAGUE COMMISSIONER DOMINGUEZ BECAUSE I THINK WE ALL CARE ABOUT YOU AND I FEEL LIKE WE'RE ALL IN A VERY DIFFICULT POSITION BECAUSE NONE OF US WANT TO VOTE AGAINST YOU. YOU'RE OUR NEIGHBOR, YOU'RE OUR FRIEND, YOU VOLUNTEER IN THE CITY, YOU DEDICATE SO MUCH TIME TO TRY TO DO GOOD STUFF FOR THE CITY SO WE WANT TO HELP YOU AND I REALLY WANT TO COMMEND COMMISSIONER DOMINGUEZ FOR BRINGING THIS FORWARD BECAUSE SHE WANTS TO HELP THE SMALL BUSINESS. BUT, YOU KNOW, YOU NEED TO UNDERSTAND THAT AT THE END [04:35:01] OF THE 18 MONTHS, YOU'RE NOT GOING TO BE ABLE TO CONTINUE THIS. SO IS IT EVEN WORTH IT FOR YOU TO GET THIS NOW IF AT THE END OF THE 18 MONTHS YOU WERE PLANNING TO COME GET AN EXTENSION THAT YOU'RE NOT GOING TO BE ABLE TO GET? I GOT IT. I GOT IT. SO THAT'S THE OPTION IS TO SELL IT BECAUSE NO WAY TO WASTE TIME BECAUSE I DON'T MAKE MONEY. WHY YOU SHOULD WAIT FOR LONG. SO THE BOTTOM LINE IS I’M GOING TO SELL IT. SO LET'S DO THIS. IF IT'S CLEAR THAT YOU'RE GOING TO SELL THE BUSINESS, LET US GIVE YOU A YEAR TO FIND A BUYER AND GET OUT OF IT AND JUST CALL IT A DAY. OKAY. A YEAR. 18 MONTHS. A YEAR. AFTER YOUR COMMENT, YOU HAVE TO SELL THE BUSINESS. THAT'S YOUR PLAN. IT'S NOT THE PIVOT. YOU CAN DO THAT IN A YEAR. ERIC, THE CITY ADMINISTRATION RECOMMENDED AGAINST US. WHAT'S YOUR WHAT'S THE REASONING? SO I THINK WE'VE BEEN PRETTY CONSISTENT ABOUT TRYING TO ELEVATE THE BUSINESS COMMUNITY AND TRY AND GET AWAY FROM SOME OF THESE DELETERIOUS USES I THINK YOU KNOW THEY'VE BEEN TOBACCO IS CERTAINLY NOT SOMETHING THAT WE'RE LOOKING TO PROLIFERATE ACROSS THE CITY. YEAH, I GET IT IT'S TOUGH BECAUSE I LIKE YOU PERSONALLY, MOHAMED. I’M GOING TO BE A NO VOTE. ALSO, I ALSO LOOK AT IT, AND I’M NOT SURE IT WOULD CHANGE MY VOTE, BUT AGAIN, WHEN SOMEONE COMES IN AND BUYS A PROPERTY, NOT EVERYONE MAY KNOW. AND TOM, I’VE HAD PEOPLE REACH OUT TO ME AND SAY, HEY, JUST TALK TO TOM. HE'LL TELL YOU EXACTLY WHAT THE LAW IS. AND YOU'RE AN INCREDIBLE RESOURCE. I’VE ACTUALLY EVEN HAD PEOPLE TELL ME, YOU KNOW HOW MUCH MONEY YOU SAVED ME? I SHOULD TELL THAT TO THE LOBBYISTS HERE. BUT YOU DO BECAUSE YOU PROVIDE A SERVICE. AND YOU'RE JUST GIVING PEOPLE WHAT THE ZONING LAWS ARE, WHICH IS, IT'S COMPLICATED, IT'S COMPLEX. SO IT'S APPRECIATED, OBVIOUSLY, YOU AND NICK. AND HERE, I FEEL LIKE, YOU OWN OTHER BUSINESSES IN THE CITY. IT'S LIKE NOT SOMEONE WHO'S NOT, I DON'T EVEN KNOW IF THAT WOULD CHANGE MY MIND. A PERSON HAS AN OBLIGATION TO KNOW WHAT THE RULES ARE, HOW COMPLICATED THEY ARE. BUT HERE, THIS SITUATION, EVERYONE KNOWS YOU. THAT'S A GOOD THING. YEAH, SO YOU'RE... THAT RESOURCE WAS AVAILABLE TO UNDERSTAND WHAT THE ZONING LAWS ARE. AND I JUST FEEL LIKE WE'RE GOING DOWN A LITTLE BIT OF A... THE WRONG WAY HERE, ESPECIALLY SINCE WE'VE SPECIFICALLY HAD LEGISLATION GOING. AND SOMETIMES IT'S HARD. WE'VE HAD TO MAKE TOUGH DECISIONS THAT SOMETIMES, YOU KNOW, IT'S TOUGH TO SAY NO, BUT IN THE LONG TERM IT'S BETTER FOR OUR CITY, AND I JUST DON'T THINK THIS IS GOOD FOR OUR CITY. CAN I ASK A QUESTION? YOU KNOW, WE TALKED ABOUT BEING GOOD OPERATORS VERSUS BAD OPERATORS, AND WHEN, YOU KNOW, NIGHTCLUBS DO STUPID THINGS LIKE HAVE SPRAWLS THAT CROSS FOUR LANES OF TRAFFIC AND WE'RE LIKE WE CAN'T EVEN DO THAT WE CAN'T SHUT THEM DOWN UH WITHOUT BECAUSE IT'S NOT ENOUGH OF A PROBLEM BUT WE TALK ABOUT PEOPLE WITH VIOLATIONS GETTING NO BENEFIT OF THE DOUBT AND PEOPLE WITH NO VIOLATIONS GETTING THE BENEFIT OF THE DOUBT AND WHERE IS THIS BUSINESS WHERE'S THIS PROPERTY I BELIEVE THE ADDRESS IS 66 38 COLLINS NO NO I DIDN'T MEAN THAT I KNOW WHERE IT IS PHYSICALLY I I’M PRESUMING THAT WE'RE HAVING THIS CONVERSATION BECAUSE THERE ARE NO PROPERTY VIOLATIONS. THERE ARE NO CODE VIOLATIONS OTHER THAN THE SIGNS, WHICH CAN BE TAKEN CARE OF IN 24 HOURS. I’M NOT AWARE OF ANY VIOLATIONS AT THIS PROPERTY. NO, THERE IS NO VIOLATION. I'LL ASK YOU SOMETHING. BECAUSE, AGAIN, THIS IS SOMETHING THAT WE'RE TRYING TO GET AWAY FROM. YOUR PREFERENCE WOULD BE TO KEEP THE STORE. TO KEEP YOUR BUSINESS IS THAT CORRECT THAT WOULD BE ALL THIS TYPE OKAY YOUR PREFERENCE WOULD BE TO KEEP YOUR BUSINESS BUT BECAUSE OF THE CHAIN BECAUSE OF THE POLICY YOU'RE SAYING I’M NOT GOING TO KEEP THE BUSINESS I’M GOING TO SELL IT WOULDN'T IT BE BETTER FOR YOU TO FIND FOR US TO HELP YOU FIND OTHER OPPORTUNITIES OF OTHER WAYS THAT YOU COULD USE THIS SPACE THIS BUSINESS LONG TERM SIT DOWN WITH YOU CREATIVELY AND SEE OKAY WHAT ARE THE USES THAT ARE CONSISTENT WITH THE ZONING CODE SO THAT YOU COULD ACTIVATE THIS BECAUSE WHAT WE'RE LOOKING FOR IS YOU OWN SPACE, YOU'RE LOOKING TO KEEP THE SPACE ACTIVE, BUT YOU'RE ASKING TO DO SOMETHING THAT'S NOT ALLOWED IN THE CODE FOR A VERY SHORT PERIOD OF TIME AND THEN YOU EITHER ASK US FOR AN EXTENSION OR YOU SELL IT AND YOU'RE HEARING FROM US WE DON'T WANT TO HAVE TO BE IN A SITUATION WHERE WE GIVE YOU AN EXTENSION WHY DON'T WE INSTEAD SIT DOWN AND FIND WHAT ARE OTHER USES THAT YOU CAN TRANSITION INTO SO THAT YOU [04:40:03] CAN KEEP THE SPACE ACTIVE, BUT IT ALIGNS WITH WHAT OUR CODE ALLOWS YOU TO DO. ARE YOU OPEN TO OTHER THINGS THAT YOU COULD DO BESIDES SELLING VAPE AND TOBACCO? ACTUALLY, I’M INVOLVED WITH THE REAL ESTATE BUSINESS. I HAVE TWO PROPERTIES IN MIAMI BEACH. I INVEST WITH THIS AS A PARTNER. SO WE WORK LIKE DO SOMETHING. I USED TO HAVE A THREE BUSINESS IN MIAMI BEACH. I’M HERE IN 31 YEARS. I WAS ABOUT TO TELLING ABOUT THE CONGESTION OF TRAFFIC BECAUSE I’M CIVIL ENGINEER ALL MY LIFE. I WORK A LOT OF THINGS. I HAVE A LOT OF IDEA. SO I’M GOING TO, TODAY I HAVE NO TIME. ANOTHER APPOINTMENT I CANNOT ATTEND. I SPOKE WITH MR. MAO. SO I GET TO GO. BUT ANYWAY, THIS IS A GOOD DECISION. I’M NOT GOING TO CONTINUE UNTIL TIME IS OVER, THEN I’M GOING TO SELL IT. I HAVE A QUESTION. TOM, WOULD A YOGA STUDIO BE PERMITTED IN THAT SPACE? YES. OKAY. THERE'S A YOGA STUDIO A COUPLE BLOCKS AWAY THAT WAS JUST SHUT DOWN BECAUSE A BUSINESS PARTNER DECIDED TO... THE BUSINESS WAS HARDER THAN THEY THOUGHT AND STOPPED PAYING RENT. THE OTHER BUSINESS OWNER IS LOOKING TO FIND A NEW SPACE. YOU WANT TO GET OUT OF YOUR BUSINESS, BUT YOU HAVE A RETAIL SPACE. WHY DON'T YOU SIT DOWN WITH THE OWNER OF THIS BUSINESS THAT IS LOOKING FOR A RETAIL SPACE? YOU CLEAR IT OUT. IT'S A PERMITTED USE. YOU GET YOUR RENT. SHE GETS THE SPACE FOR HER BUSINESS. EVERYBODY WINS. IT'S A MUCH BETTER USE. THAT'S A GOOD IDEA, BUT LET'S SEE. LET'S SEE. 18 MONTHS. WELL, BUT... I’M NOT SURE YOU HAVE THE VOTES RIGHT NOW. SO I’M SUGGESTING MAYBE, YOU KNOW, AND EVEN IF IT'S FIRST READING OR SECOND READING? FIRST READING, RIGHT? FIRST READING. SO, YOU KNOW, MAYBE WE PASS IT WITH ONE YEAR FOR FIRST READING. YOU GO OUT BETWEEN NOW AND SECOND READING AND SEE IF YOU CAN MAKE THIS DEAL WORK, AND MAYBE THAT GIVES EVERYBODY THE ROOM THEY NEED. I DON'T KNOW. WE'RE ALL TRYING TO FIND A WAY TO MAKE THINGS BETTER WITHOUT DOING DAMAGE AND SETTING TERRIBLE PRECEDENTS. BUT I KNOW THERE'S A BUSINESS ACTIVELY LOOKING FOR AFFORDABLE RENT AROUND THE CORNER FROM YOU. AND THAT, TO ME, SEEMS LIKE A NO-BRAINER. YOU DON'T OWN THE ACTUAL SPACE, MUHAMMAD. I DON'T OWN THE SPACE. YOU DON'T OWN THE SPACE. THERE'S THE RENTAL SPACE. MUHAMMAD, WHAT'S THE NAME OF THE BUSINESS? IS IT DHAKA? IT'S CALLED DHAKA, CAPITAL OF BANGLADESH. DHAKA STORE OR SOMETHING. THAT'S THE NAME GOING FORWARD? THAT'S THE NAME, YEAH. WAIT, SO I’M REALLY CONFUSED. IF YOU DON'T OWN THE SPACE... THEN, I MEAN, IT'S JUST A MATTER OF VACATING THE LEASE, NO? I AM REALLY BUSY WITH MY OWN PROPERTY. PLEASE STAND BY THE MIC, MAHAMUD. I’M SORRY. I’M REALLY BUSY WITH MY PROPERTY AND OTHER ISSUE, BUT BASICALLY IT IS A TIME MATTER. I ALWAYS HAVE TO SPEND TIME, YOU KNOW, GROCERY BUSINESS. I USED TO DO A LOT OF BUSINESS. BUT STILL OUR FAMILY BUSINESS, SIX, SEVEN BUSINESS IN MIAMI BEACH AREA. BIG BUSINESS IN M&L MARKET. IN SOUTH BEACH, THERE IS A LOT OF MERIDIAN SUPERMARKET. AND OTHER LOT OF SIX MARKET WE HAVE. MY UNCLE, MY COUSIN. SO ALL OF THAT INVOLVED WITH THIS BUSINESS. AND WHAT PERCENTAGE OF REVENUE ARE YOUR TOBACCO SALES, OF YOUR TOTAL SALES? SAY AGAIN? WHAT PERCENTAGE OF YOUR TOTAL SALES ARE TOBACCO? EASILY THE CONCEPT OF THE SMALL BUSINESS WITH THE TOBACCO AND ALCOHOL. TOBACCO, THE CUSTOMER BUYS SOMETHING, SODA, ALCOHOL, THEY'RE SUPPOSED TO ASK FOR THE CIGARETTE. I’M SURPRISED THAT NEXT DOOR TO ME THERE IS A CLOTH STORE, THEY'RE SELLING TOBACCO. I DON'T KNOW HOW IT IS POSSIBLE. THAT'S NOT THE WINNING ARGUMENT, RIGHT? THEY WERE GRANDFATHERED IN, AND THIS IS A NEW BUSINESS. OKAY, THIS IS A NEW BUSINESS. RIGHT. WHEN THEY SHUT DOWN, THEY'RE NOT GOING TO BE ABLE TO GO TO ANOTHER STORE RIGHT NEXT STORE TO YOU AND START AGAIN, RIGHT? SO, YES, IT'S A COMPARISON OF APPLES TO ORANGES, RIGHT? IF YOU WERE THERE 10 YEARS AGO, THIS WOULDN'T BE IMPACTING YOU. RIGHT? BUT YOU'RE A NEW BUSINESS, AND WITH ALL DUE RESPECT, YOU DIDN'T DO THE PROPER DUE [04:45:01] DILIGENCE. LEADING UP TO BUYING THIS BUSINESS THAT YOU SHOULD HAVE DONE. BUT WE'RE SITTING UP HERE REALLY, REALLY WORKING HARD TO TRY AND EXTEND YOU AN OLIVE BRANCH, RIGHT? SO WHAT PERCENTAGE OF YOUR TOTAL SALES ARE TOBACCO SALES? ARE YOU TALKING ABOUT NOW? YES. WITHOUT TOBACCO? YOU CAN BELIEVE IT, 300, 350 PER DAY. OF YOUR TOTAL SALES, WHAT PERCENTAGE IS TOBACCO? TOBACCO SELL BECAUSE WE DON'T HAVE THIS WE DON'T SELL TOBACCO BUT IF WE START SELL TOBACCO THAT COULD BE INCREASED LIKE IT LIKE A 20 PERCENT MORE SO YOU'RE NOT EVEN SELLING TOBACCO AT THIS POINT BUT YOU'RE ASKING FOR AN EXCEPTION TO DO SO YEAH UH ACTUALLY I’M A LITTLE BIT CONFUSED ABOUT THE UH YOUR QUESTION ABOUT THE HOW MUCH I SELLING TOBACCO THAT'S YOUR QUESTION YES IF IT IS SELLING TOBACCO, IT COULD BE 25% MORE, WE CAN SELL IT. SO YOU'RE ALREADY OPERATING. AND YOU'RE NOT SELLING TOBACCO. NO. YOU'RE JUST ASKING FOR THE ABILITY TO DO... I’M SELLING ALCOHOL, I’M SELLING OTHER STUFF. BUT THAT'S NOT PART OF THE ORDINANCE. WE DON'T HAVE AN ALCOHOL RESTRICTION OR ANYTHING. CORRECT. WE'RE JUST TALKING ABOUT THIS TOBACCO THERE. SO WE'RE ACTUALLY BEING ASKED TO ALLOW HIM TO START SELLING SOMETHING HE'S NOT EVEN CURRENTLY DOING. ARE YOU ABLE TO MAKE YOUR RENT PAYMENTS RIGHT NOW AS IS? AS IS, YEAH. THAT'S WHY IT'S VERY HARD. EVEN I CANNOT PAY THE EMPLOYEE COST, YOU KNOW. EVERYTHING IS EXPENSIVE. BESIDES THAT, I HAVE TO PAY RENT, I HAVE TO PAY EMPLOYEE COST, I HAVE TO SUBSIDIZE FOR MY POCKET, YOU KNOW. BUT THAT'S BEING A BUSINESS OWNER. LIKE, WE'RE NOT RESPONSIBLE. AND I’M NOT TRYING TO BE A JERK, BUT... I MEAN BUSINESS, WE CAN'T CONTROL THE COST OF GOODS SOLD. WE CAN'T CONTROL THE SALARIES THAT YOU PAY PEOPLE. WE CAN'T CONTROL THE MARKET CONDITIONS. WHAT WE CAN CONTROL IS WHAT IS PERMITTED TO BE SOLD. SO THE QUESTION IS, IF YOU ARE RUNNING AN OPERATIONAL BUSINESS THAT IS VIABLE AND PROFITABLE WITH THE CURRENT CONFIGURATION, IT'S NOT AS PROFITABLE AS IT COULD HAVE BEEN HAD THIS USE BEEN PERMITTED. I UNDERSTAND THAT, BUT THAT'S NOT... I KNOW IT'S EXPENSIVE RIGHT NOW TO RUN A BUSINESS. EVERYONE IS SUFFERING. AND SO THE QUESTION IS, WHAT CAN YOU DO WITHIN WHAT IS PERMISSIBLE TO GENERATE MORE REVENUE? I MEAN, IS IT BRINGING IN, YOU KNOW, GREAT BANGLADESHI FOOD THAT, GOD KNOWS YOU CAN'T FIND A DECENT INDIAN MEAL ANYWHERE IN THIS CITY. SO THAT WOULD BE GREAT. I DON'T KNOW IF THAT'S PERMITTED. SO I MIGHT. LET'S TRY TO WRAP THIS UP. I’M JUST GOING TO BE FRANK. I DIDN'T LIKE THIS ITEM TO BEGIN WITH, WHICH I’VE SAID I LIKE IT LESS NOW THAN I DID WHEN I STARTED. I’M GOING TO VOTE NO, BUT IF IT DOES PASS, I WOULD ASK THAT THIS BE TIED TO MOHAMMED. I’M A LITTLE CONCERNED WHETHER YOU'RE EVEN GOING TO CONTINUE TO CONTROL THIS PROPERTY IF WE MAKE THIS CHANGE. I DON'T WANT IT STARTING TO CHANGE INTO SOMEBODY'S HOUSE. YOU DON'T EVEN OWN THE PROPERTY. AND THEN THEY COME BACK AND THEY ASK US FOR AN EXTENSION, AND THEN IT'S A DIFFERENT COMMISSION. THEN I GRANT THE EXTENSION. WELL, IT'S ALSO, I FEEL LIKE, AND I DON'T WANT TO SPEAK FOR MY COLLEAGUES, BUT I GET THE SENSE, I’M SORRY, I GET THE SENSE THAT IF THERE'S AN APPETITE TO DO THIS, AGAIN, I’VE SAID WHERE MY VOTE'S GOING TO BE, BUT IT'S BECAUSE OF MOHAMMED'S RUNNING THE BUSINESS. BUT WHAT IF MOHAMMED'S NOT RUNNING THE BUSINESS? THEN I THINK WE HAVE TO PUT A CONDITION IN THERE. BUT EITHER WAY, I'M... AND MAYOR, THE CHALLENGE WITH ANY CONDITION THAT'S TIED TO AN INDIVIDUAL OPERATOR OR OWNER IS WE DON'T NECESSARILY KNOW IF A BUSINESS OR PROPERTY CHANGES HANDS, SO THAT COULD BE DIFFICULT TO ENFORCE. YEAH, IN FACT, HOW I ENVISION THIS IS YOU HAVE ONE YEAR TO ESSENTIALLY EITHER REIMAGINE YOUR BUSINESS AND START SELLING BANGLADESHI FOOD OR CUPCAKES OR WHATEVER IT MAY BE. SORRY TO INTERRUPT YOU, COMMISSIONER. BANGLADESHI FOOD IS NOT GOING TO BE SOLD THERE BECAUSE IT'S THE BEACH AREA. THE PEOPLE LOVE TO GET SOME PRODUCT, AMERICAN PRODUCT, GROCERY PRODUCT. AND BESIDES THE SODA, THE OTHER THING IS ALCOHOL. THAT'S THE MOST SELLING PRODUCT. BUT YOU CAN SELL THOSE IN YOUR STORE. YOU CAN SELL THAT IN YOUR STORE. YEAH, I CAN SELL IT, BUT WE HAVE A DIFFERENT... IN NORTH BAY VILLAGE, WE HAVE A STORE. WE'RE SELLING A PRODUCT, HALAL, HALAL LIKE KOSHER, HALAL FOOD, AND WE HAVE A VERY GOOD PRODUCT. PEOPLE LOVE THIS FOOD. WHATEVER IT IS THAT YOU FIND A WAY TO SUPPLEMENT YOUR REVENUE, [04:50:03] YOU HAVE 12 MONTHS TO DO SO, OR YOU SELL THE BUSINESS TO AN OPERATOR THAT KNOWS THE PARAMETERS THAT ARE IN PLACE AND THEY'RE CONFIDENT THAT THEY'RE ABLE TO DO SO. THIS EXCEPTION DOESN'T FLOW THROUGH AFTER 12 MONTHS. OKAY. I CAN SIGN UP FOR 12 MONTHS ON FIRST READING. I CAN'T PROMISE YOU I’M THERE FOR YOU ON SECOND READING, BUT I AT LEAST WANT TO GIVE YOU SOME TIME TO TALK TO MY OTHER COLLEAGUES, SOME TIME FOR ME TO THINK ABOUT THIS. SO TIME TO REACH OUT TO THE NORTH BEACH YOGA PEOPLE AND SEE IF YOU CAN FIND A SOLUTION THAT WORKS FOR EVERYBODY. SO I'LL MAKE A MOTION. I KNOW WE TALKED ABOUT SPLITTING IT IN THE MIDDLE, BUT I THINK WE JUST HAVE A DIFFERENT MENTALITY ABOUT WHAT THIS EXTENSION IS FOR. IT'S NOT TO PROVIDE YOU THIS LONG RUNWAY TO JUST KEEP DOING STATUS QUO. SO I’M GOING TO MAKE A MOTION THAT YOU HAVE THIS FOR ONE YEAR AND THEN IT EXPIRES. BUT WITH THE CAVEAT THAT THIS IS FIRST READING, AND I CAN'T PROMISE YOU THAT I’M GOING TO BE THERE FOR YOU ON SECOND READING. AND I WOULD ADD TO THAT, IF I MIGHT, THAT IT IS CONTINGENT ON, AT SECOND READING, EVEN BEING UP FOR CONSIDERATION THAT YOUR STORE COMPLIES WITH ALL THE SIGNAGE PARAMETERS. NO BLINKING SIGNS, NO VAPE SIGNS, NOTHING. LIKE, CLEANED UP, THERE ARE AWNING ISSUES. I WANT IT TO BE WHISTLE CLEAN FROM A CODE PERSPECTIVE. YEAH, ANY CODE VIOLATION? IN THOSE 12 MONTHS RENDERS THIS NULL AND VOID. OKAY, I WILL TRY MY LEVEL BEST TO FOLLOW COURT AND OPERATE THE BUSINESS PROPERLY. AND TEXT ME YOUR ADDRESS. I'D LIKE TO SUPPORT IT WHILE I’M IN THE NEIGHBORHOOD, JUST FROM MY OWN PRIVATE STANDPOINT. NO, IT DID NOT VAPE USAGES. AND MOST WELCOME ANYTIME. WE'RE GOING TO CALL THE VOTE. I’M DOWN FOR BANGLADESH. I HAVE A MOTION BY COMMISSIONER MAGAZINE AS AMENDED. COMMISSIONER DOMINGUEZ, ARE YOU OKAY SECONDING? YES. IT IS A PUBLIC HEARING. I SEE NO ONE ON ZOOM, AND I SEE NO ONE ELSE ON THE CHAMBERS REQUESTING TO SPEAK. MOTION BY COMMISSIONER MAGAZINE, SECONDED BY COMMISSIONER DOMINGUEZ AS AMENDED. COMMISSIONER MATTEL-SALINAS. YES. COMMISSIONER BOTT. YES. COMMISSIONER SUAREZ. COMMISSIONER FERNANDEZ. COMMISSIONER MAGAZINE. YES. MAYOR DOMINGUEZ. YES. MAYOR MINOR. NO. SO IT IS APPROVED AT FIRST READING AS AMENDED 6-1. THE MOTION IS THE AMENDMENTS ARE ONE-YEAR EXPIRATION AND FREE OF CODE VIOLATIONS FOR THAT ONE-YEAR PERIOD. CAN I SAY ONE MORE THING? I’M SORRY. CAN I ANSWER? YEAH, BUT WE JUST VOTED ON THE ITEM. NO, I KNOW, BUT BEFORE YOU LEAVE, MOHAMED, YOU SAID I WILL DO MY LEVEL BEST TO TRY TO... OPERATE MY BUSINESS WITHIN CODE. THAT'S NO TRY. YOU EITHER DO OR YOU DON'T. OKAY, I WILL. YOU KNOW WHAT? I CAN'T. IS THAT WHAT HE SAID? I CAN? OKAY. YEAH. THERE'S GOING TO BE A SECOND READING, SO WE CAN REHASH SOME OF THESE ISSUES THERE. WE VOTED. SO. MUHAMMAD, THANK YOU. NO MORE. I GET TIRED STANDING IN POSITION. YOU GOT IT. YOU GOT IT. BUT YOU KNOW IT'S COMING BACK FOR A SECOND READING. SO THE NEXT MONTH WE'RE GOING TO HEAR THIS AGAIN. SO IT'S NOT A FINAL APPROVAL, BUT YOU GOT PAST THE FIRST STEP. SECOND READING IS MAY 20TH. SAY AGAIN? MAY 20TH IS THE SECOND READING. SECOND READING. YEP. SO... AS OF NOW, NO, UNTIL THE SECOND. CORRECT, CORRECT. IT'S NOT OFFICIAL YET. AN ORDINANCE LIKE THIS HAS TO BE HEARD TWICE, LIKE SUBMISSION AND VOTED ON TWICE. OKAY. OKAY, THANK YOU. I WOULD LIKE TO SAY SOMETHING ABOUT THE NORTH BEACH TRAFFIC CONGESTION. I HAVE A LOT OF IDEA. I’M GOING TO PREPARE SOME ARTICLES HOW WE CAN RESOLVE THIS ISSUE. AS AN ENGINEER, I’M GOING TO DO SOME PREPARATION FOR. TRAFFIC CONGESTION IN THE 71ST STREET, THE CORNER. THIS IS VERY DANGEROUS. PEOPLE WAIT AND WAIT. I’M GOING TO PREPARE SOME PAPERWORK, OKAY? [R5 N AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED “PUBLIC PROPERTY,” BY AMENDING ARTICLE III, ENTITLED “USE OF PUBLIC PROPERTY,” BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” BY AMENDING SECTION 82-74 THEREOF, ENTITLED “PLASTIC-RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS, AND BEACHES,” IN ORDER TO CLARIFY APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE OF DECORATIONS IN OUTDOOR PUBLIC SETTINGS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.] SHE'S MY NEIGHBOR. OKAY. THANK YOU. THANK YOU, EVERYBODY. THANK YOU. N. [04:55:05] ALL RIGHT, 5N IS AN ORDINANCE OF THE MAYOR, CITY COMMISSIONER OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED PUBLIC PROPERTY BY AMENDING ARTICLE 03, ENTITLED USE OF PUBLIC PROPERTY BY AMENDING DIVISION 01, ENTITLED GENERALLY BY AMENDING SECTION 82-74. THEREOF ENTITLED PLASTIC RELATED OR METALLICIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS AND BEACHES. IN ORDER TO CLARIFY APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE OF DECORATIONS IN OUTDOOR PUBLIC SETTINGS, I’M PROVIDING FOR REPEALER, SERVABILITY, QUALIFICATION, AND AN EFFECTIVE DATE. THIS IS A SECOND READING PUBLIC HEARING. IT IS ITEM R5N. I MOVE THE ITEM. AMY, COULD YOU JUST QUICKLY TELL US AGAIN WHAT THIS IS? AND ON EARTH DAY. I KNOW, OF ALL TIMES. IT'S CLEANUP LANGUAGE. SURE. MR. MURRAY, I'D BE HAPPY TO. AMY KNOWLES, CHIEF RESILIENCE OFFICER, AND HAPPY EARTH DAY. THIS IS AN EXCELLENT ITEM, THE SECOND READING, TO MAKE SURE THAT WE'RE NOT USING CONSUMABLE AND PLASTIC ITEMS THAT CAN CAUSE A LOT OF LITTER AND THAT WE CAN HAVE REUSABLES, AND IT'S EXCELLENT FOR OUR EVENTS AND FOR OUR ENVIRONMENT. DO WE SELL VAPE AT THE BOUNCE HOUSES? WHICH ONE? EXCUSE ME? DO WE SELL VAPE AT THE BOUNCE HOUSES? ABSOLUTELY NOT. OKAY. THANK YOU. AND THE REASON WHY WE'RE DOING THIS, WE HAD ORIGINALLY PASSED THE ORIGINAL ORDINANCE BANNING. PLASTIC AND METALLIZED DECORATIONS ON PUBLIC PROPERTY BUT WHAT WE DIDN'T REALIZE IS THAT THE UNINTENTIONAL THAT WE UNINTENTIONALLY BANNED DECORATIONS THAT WERE NEVER MEANT TO BE TARGETED INCLUDING THOSE USED BY LOCAL ORGANIZATIONS AND CULTURAL EVENTS AND SO THIS JUST IT'S A FIX IT'S JUST A FIX TO CORRECT SOMETHING THAT WAS DONE UNINTENTIONALLY SO THE POLICY WAS ALREADY ESTABLISHED. THIS IS JUST CLEANUP LANGUAGE. IS THIS IT YET? NO. THIS WAS IN MARCH. THE ITEM. SORRY, MAYOR. JUST LOOKING SOMETHING UP FROM THE LAST VOTE BECAUSE... YOU BROUGHT UP, I’VE BEEN HAVING SOME CONCERNS ABOUT THESE UNINTENDED CONSEQUENCES, WHICH YOU JUST HIGHLIGHTED. COMMISSIONER SUAREZ FAMOUSLY SAID THERE ARE NO SUCH THINGS AS UNINTENDED CONSEQUENCES. I COULDN'T RESIST. FIRST READING OF THIS. IF YOU CAN'T FIND IT, RALPH, DON'T WORRY, WE'LL TRY IT ONE MORE TIME AND SEE IF IT'S... WHILE WE'RE WAITING, WE HAVE A TIME CERTAINTY FOR THE DRB APPEAL. IS EVERYONE HERE FOR THAT? THE VOTE WAS 7-0. LET'S TAKE THE VOTE. I HAVE A MOTION BY COMMISSIONER FERNANDEZ, A SECOND BY COMMISSIONER BOTT, COMMISSIONER SUAREZ. YES. [R9 E CITY COMMISSION FILE NO. 2025-00001 APPEAL, FILED BY ONUR S. GUNDAY, OF AN ORDER OF THE MIAMI BEACH DESIGN REVIEW BOARD (“DRB”) DATED OCTOBER 22, 2025, FOR DRB FILE NO. 25-1104, APPROVING THE CONSTRUCTION OF A NEW GOLF COURSE CLUB HOUSE, THE RELOCATION OF TENNIS COURTS, FOUR NEW PADEL COURTS, THE ADDITION OF THREE COMFORT STATIONS, A NEW DRIVEWAY, A VARIANCE FROM THE REQUIRED ANCILLARY STRUCTURE SETBACK, AND ONE OR MORE WAIVERS, TO REPLACE THE EXISTING CLUBHOUSE.] BUS MAYOR DIMINGUZ. YES. COMMISSIONER FERNANDEZ. YES. COMMISSIONER MATEOS SALINAS. YES. COMMISSIONER MAGAZINE. YES. COMMISSIONER BOTT. YES. MAYOR MINER. YES. MOTION CARRIES. THIS IS SECOND READING. THE ITEM IS APPROVED. THAT WAS ITEM R5N. LET'S CALL R9E. R9E IS D.R.B. APPEAL NUMBER 25-11045685 FILED BY MR. GUNDE. GOOD AFTERNOON, MAYOR AND COMMISSIONERS. THIS IS AN APPEAL OF A DESIGN REVIEW BOARD APPROVAL, MUCH LIKE YOU HEARD LAST MONTH, FOR THE CONSTRUCTION OF A NEW CLUBHOUSE AND CAMPUS IMPROVEMENTS AT LAGORCE COUNTRY CLUB AT 5685 ALTON ROAD. THE APPEAL WAS FILED BY HONOR GUNDAY, THE OWNER OF A SINGLE-FAMILY RESIDENCE TO THE WEST OF THE CLUB AT 5767 ALTON ROAD. BECAUSE THIS IS AN APPEAL OF THE DECISION OF THE DRB ON A SPECIFIC PROPERTY, YOUR DECISION HAS TO BE BASED ON THE RECORD BEFORE THE DRB, AND NO NEW EVIDENCE OR TESTIMONY CAN BE TAKEN. SO TODAY WE'RE ONLY GOING TO HEAR FROM COUNSEL TO THE PARTIES. UNDER THE CODE, THE COMMISSION CAN ONLY REVERSE, REMAND, OR MODIFY A DECISION OF THE DESIGN REVIEW BOARD IF THE COMMISSION FINDS ON A 5-7TH VOTE THAT THE BOARD [05:00:01] EITHER FAILED TO PROVIDE PROCEDURAL DUE PROCESS, FAILED TO BASE ITS DECISION ON COMPETENT SUBSTANTIAL EVIDENCE, OR FAILED TO OBSERVE THE ESSENTIAL REQUIREMENTS OF LAW. CONSISTENT WITH OTHER APPEALS THAT HAVE BEEN HEARD BY THE CITY COMMISSION, THE PETITIONER WILL HAVE 10 MINUTES TO PRESENT HIS ORAL ARGUMENT. THEN THE CITY AND THE LAGORCE COUNTRY CLUB WILL SPLIT THEIR TEN MINUTES FOR THE RESPONDENTS, AND THE PETITIONER WILL HAVE AN OPPORTUNITY TO PRESENT REBUTTAL. FOLLOWING ARGUMENT OF THE PARTIES, THE COMMISSION CAN DELIBERATE AND THEN TAKE A VOTE. AGAIN, TO MODIFY, REVERSE, OR REMAND, YOU NEED A 5-7 VOTE. TO AFFIRM, YOU ONLY NEED A MAJORITY. I APOLOGIZE. GRAHAM PENN, 200 SOUTHWEST GREEN BOULEVARD. NICK, JUST FOR A POINT OF CLARIFICATION, THE PERIOD FOR THE REBUTTAL IS WITHIN THE TEN MINUTES OR IN EXCESS OF THE TEN MINUTES? I THINK WE USUALLY ALLOW TWO MINUTES FOR A REBUTTAL. I JUST WANT TO BE CLEAR WHAT THAT NUMBER IS. THAT'S FINE. AND SINCE THIS IS A QUETIA JUDICIAL PROCEEDING, I'LL ASK COUNSEL IF I CAN PLACE YOU UNDER OATH. YOU SWEAR TO AFFIRM THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING AS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU. IS THAT FOR EVERYONE? WELL, WE'RE ONLY GOING TO HEAR FROM ATTORNEYS TODAY. YOUR DECISION HAS TO BE MADE BASED ON THE RECORD BEFORE THE DRB. SO WE WON'T HAVE IT? WE DON'T MIND SWEARING ANYWAY, BUT HE'S NOT GOING TO TALK. OKAY. HE SWORE AS WELL. OKAY, SO MR. BROOKS, IF YOU'RE READY, WE'LL SET THE CLOCK FOR 10 MINUTES. I HANDED YOU A PAPER COPY OF THE APPEAL SO THAT EACH OF THE COMMISSIONERS CAN HAVE THAT IN FRONT OF THEM. I KNOW YOU HAVE PROBABLY AN IPAD OR SOMETHING, BUT THE VOLUME OF PAPER THAT YOU HAVE ON YOUR AGENDAS IS INCREDIBLE, SO I WANTED TO MAKE IT EASY FOR US. MY NAME IS ATTORNEY RALPH BROOKS, AND I’M BOARD CERTIFIED IN CITY, COUNTY, LOCAL GOVERNMENT LAW. I SERVE AS CITY ATTORNEY FOR A NUMBER OF CITIES, ST. PETE BEACH, TREASURE ISLAND, THE CITY OF NAPLES ACROSS ALLIGATOR ALLEY, A FEW OTHERS, BRADENTON BEACH, AND I WAS THE LAND USE LITIGATION LAWYER FOR MONROE COUNTY, WHICH IS THE FLORIDA KEYS. I’VE BEEN BOARD CERTIFIED IN CITY, COUNTY, LOCAL GOVERNMENT LAW SINCE 2014, WHICH IS NOW 12 YEARS. TOMORROW WE'LL BE GOING TO THE CLE IN HOLLYWOOD. I TELL YOU THIS JUST SO THAT YOU KNOW THAT I SIT WITH CITIES AND I SIT IN THAT CHAIR OVER THERE. SO I’M GOING TO TRY TO FIRST SET THE THREE THINGS THAT WE'RE GOING TO ARGUE IN FRONT OF YOU AND THEN ALSO OFFER YOU SOME ALTERNATIVES. FIRST OF ALL, WE'RE HERE TO CHALLENGE. IF YOU LOOK AT THE APPEAL ON PAGE 2 OR EVEN BLOWN UP ON PAGE 5, IT'S ACTUALLY BETTER. YOU'LL SEE THAT THERE'S FOUR NEW PEDEL STRUCTURES THAT ARE BEING PLACED AS PART OF LAGORCE COUNTRY CLUB REDEVELOPMENT. THIS IS IN AN AREA THAT JUST HAS GRASS RIGHT NOW. THERE IS A PORTABLE GOLF PERFORMANCE STRUCTURE, BUT IT'S A TENSILE STRUCTURE AND IT'S ON WHEELS. SO THERE'S NO STRUCTURE THERE BEHIND US CURRENTLY. SO THE REASON WHY WE ARE APPEALING THIS IS BECAUSE PEDEL IS NOT LISTED AS AN ALLOWABLE USE IN GC, THE GOLF COURSE. SO I THINK YOU TALKED EARLIER ABOUT DOING MAYBE A TEXT AMENDMENT AND A FIRST READING AND A SECOND READING. IF YOU'RE GOING TO ADD A USE TO A ZONING DISTRICT, YOU HAVE TO ADD THE USE TO THE LIST OF ALLOWABLE USES. YOU DO THAT BY AMENDING THE TEXT OF YOUR ZONING CODE. YOU CAN'T JUST IGNORE IT. AND YOU CAN'T SAY THAT A PEDEL STRUCTURE IS JUST THE SAME THING AS A TENNIS COURT, BECAUSE IT'S NOT. A PICKLEBALL, THEY MIGHT RESTRIPE THE LINES, USE DIFFERENT PADDLES, AND USE A DIFFERENT BALL. BUT FOR PEDEL, IT'S DIFFERENT. YOU HAVE TO HAVE A FOUNDATION OF CONCRETE, SAND, AND THEN ASTROTURF, AND THEN YOU HAVE FOUR WALLS. THE WALLS ARE GLASS OR PLEXIGLASS, AND THEY'RE... HAVE METAL POLES THAT HOLD THIS UP AND THE REASON THAT'S IMPORTANT AND IT'S DIFFERENT FROM TENNIS IS BECAUSE YOU PLAY OFF THE WALLS SIMILAR TO RACQUETBALL OR HANDBALL THAT I GREW UP WITH OR SQUASH IT'S A STRUCTURE THAT YOU PLAY WITHIN IT DOESN'T HAVE A ROOF GRANTED BUT BECAUSE THE BALLS IN PEDAL GO HIGH THEY HAVE LIGHTS THAT GO HIGH AND THEY'RE PROPOSED TO USE THESE PEDAL COURTS TILL 10 O'CLOCK AT NIGHT WHICH IS 20 FEET BEHIND MY CLIENT'S HISTORIC HOME. HIS HOUSE WAS BUILT IN 1936 BY ARCHITECT ROBERT E. COLLINS, WHO DID THE CAMEO THEATER. [05:05:01] HE'S A FAMOUS ARCHITECT IN MIAMI BEACH. SO FIRST OF ALL, IT'S NOT LISTED AS AN ALLOWABLE USE IN GC, SO IT'S NOT ALLOWED. IT'S NOT SIMILAR TO A TENNIS COURT, AND THE CODE DOESN'T EVEN SAY YOU'RE ALLOWED TO HAVE SIMILAR USES TO A TENNIS COURT. YOU'RE ONLY ALLOWED TO HAVE THINGS THAT ARE ASSOCIATED. WITH A GOLF COURSE CUSTOMARILY ASSOCIATED WITH THE MAIN PERMITTED USE OF A GOLF COURSE. WELL, NOT EVERY GOLF COURSE, MOST GOLF COURSES DON'T HAVE PEDAL COURTS. AND IN THIS LOCATION IS THE SECOND PROBLEM. IT'S 20 FEET FROM MY PROPERTY BOUNDARY OR MY CLIENT'S PROPERTY BOUNDARY. THAT'S TOO CLOSE BECAUSE OF THE NOISE PLAYING THE PEDAL OFF THE WALLS. IT'S TOO CLOSE BECAUSE OF THE LIGHT. AND IT'S TOO CLOSE BECAUSE PEOPLE SHOUT AND GET EXCITED. IN PICKLEBALL AND IN PADEL, WHEN YOU MISS A SHOT OR YOU MAKE A SHOT, IT'S A SOCIAL GAME. SO YOU GET HAPPY OR YOU GET SAD. AND IT'S LOUD. AND THEN THE THIRD THING IS, ARE WE TECHNICALLY OPINING ON VALIDITY OF THE SUICIDE? WHAT ARE WE ESSENTIALLY EVEN ALLOWED TO DO? RIGHT, SO THE QUESTION BEFORE YOU IS WHETHER THE BOARD'S DECISION WAS SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCE, WHETHER THE BOARD FOLLOWED THE ESSENTIAL REQUIREMENTS OF LAW, MEANING DID THE BOARD FOLLOW THE CORRECT LAW? DID THE BOARD FOLLOW THE REVIEW CRITERIA THAT APPLIES TO THE DRB AND ANY OTHER APPLICABLE PROVISION OF THE LDRS? AND THIRDLY, WHETHER THE BOARD PROVIDED PROCEDURAL DUE PROCESS? YEAH. SO THE FIRST ONE THAT WE RAISED IS THE SECTION OF THE CODE. 142-392 OF THE LAND DEVELOPMENT CODE LISTS THE PERMITTED USES OF A GOLF COURSE AND IT SAYS OUR GOLF COURSES, TENNIS COURTS, CLUBHOUSES AND THOSE USES NORMALLY ASSOCIATED WITH A GOLF COURSE. AND IT DOES NOT LIST PEDEL AND PEDEL IS NOT NORMALLY ASSOCIATED WITH A GOLF COURSE AND IT'S NOT THE SAME THING AS A TENNIS COURT, IT'S A PEDEL STRUCTURE. THE SECOND THING IS THE SETBACK REQUIREMENT. IN YARDS ON A GOLF COURSE ABUTTING A SINGLE-FAMILY HOME, YOU NEED AT LEAST 75 FEET FROM THE PROPERTY LINE FOR A STRUCTURE. THIS PEDAL HAS FOUR WALLS ON IT MADE OUT OF GLASS. IT'S NOT A TENNIS COURT. GRANTED, IT DOESN'T HAVE A ROOF, BUT IT SHOULDN'T BE LOCATED 20 FEET FROM MY CLIENT'S PROPERTY LINE. IN ALL OTHER YARDS, IT SAYS THE SETBACK ON A GOLF COURSE SHALL BE 170 FEET FROM THEIR PROPERTY LINE. THAT'S IMPORTANT BECAUSE YOU'LL SEE A RESTROOM IN A GOLF PERFORMANCE CENTER, AND THAT'S ONLY 151 FEET FROM MY CLIENT'S PROPERTY LINE. SO THAT DOESN'T MEET THE 170 FEET. AND THEN THIRD, THEY DON'T MEET THE CRITERIA THAT DESIGN REVIEW BOARD REVIEWS FOR THE DESIGN LOCATIONAL CRITERIA ON SURROUNDING PROPERTIES. SO YOU HAVE DESIGN CRITERIA AND YOU WOULD THINK, OH, THAT APPLIES TO THE ARCHITECTURE OF THE BUILDING. BUT YOUR DESIGN CRITERIA ACTUALLY TALKS ABOUT COMPATIBILITY WITH SURROUNDING PROPERTIES. AND IT DOESN'T MEET F. IT'S SECTION 2.5.3.1, AND THIS IS IN THE APPEAL ON PAGE 7. AND THAT'S ALSO LISTED IN THE APPEAL LATER ON TO EXPLAIN WHICH ONES IT DOESN'T MEET. BUT THE CRITERIA ARE ON 7 THAT YOU'LL BE EVALUATING. SO FIRST YOU HAVE TO DETERMINE, IS IT AN ALLOWABLE USE IN GOLF COURSE? IT'S NOT A GOLF COURSE, IT'S NOT A TENNIS COURT, AND IT'S NOT CUSTOMARILY ASSOCIATED. SO THE LEGAL ANALYSIS IS IT'S NOT ALLOWABLE USE. THE SECOND THING IS IT DOESN'T MEET THE SETBACK. IT'S ONLY 20 FEET AWAY, NOT 75 FEET AWAY. THE RESTROOM AND GOLF PERFORMANCE CENTER ARE ALSO GOING TO BLOCK THE VIEWS, AND THOSE ARE SUPPOSED TO BE AT LEAST 175, AND IT'S ONLY 151. AND THEN THE THIRD CRITERIA IN THE CODE ARE THESE F, G, I, L, AND O. YOU HAVE TO DESIGN THE PROPOSED STRUCTURE MODIFICATION TO BE SENSITIVE AND COMPATIBLE WITH ADJACENT STRUCTURES WHICH THEY DIDN'T DO FOR THE PEDAL. WE'RE NOT COMPLAINING ABOUT THE GOLF COURSE BUILDING, WE'RE NOT COMPLAINING ABOUT THE PARKING LOT. IN FACT WE WOULD PREFER PARKING BEHIND US RATHER THAN HAVING A PEDAL CORD FROM 8 IN THE MORNING TILL 10 AT NIGHT WITH THE LIGHTS AND ASSOCIATED NOISE. IT'S NOT AN APPROPRIATE LOCATION. G, YOU'RE SUPPOSED TO LOOK OUT. PARTICULAR ATTENTION SHALL BE GIVEN TO THE RELATIONSHIP TO THE SURROUNDING NEIGHBORHOOD AND THE IMPACT ON CONTIGUOUS AND ADJACENT BUILDINGS. THAT'S MY CLIENT, 20 FEET AWAY. IT'S GOING TO HAVE AN IMPACT ON HIS POOL, HIS BACKYARD. HE'S GOING TO BE ABLE TO HEAR IT FROM HIS MASTER AND SECONDARY BEDROOM, WHICH ARE LOCATED ON THE SECOND FLOOR. THE LIGHTS WILL BE SHINING RIGHT IN THERE. WHICH BRINGS ME TO I, LIGHTING SHALL BE REVIEWED TO MINIMIZE GLARE ON ADJACENT PROPERTIES. THEY DEFERRED THE LIGHTING PLAN FOR THE PED-EL COURSE. THEY SAID, YOU'LL SUBMIT A LIGHTING PLAN WHEN YOU SUBMIT A BUILDING PERMIT. THAT'S TOO LATE. THAT'S AFTER THE PUBLIC HEARINGS. [05:10:01] SO WE DON'T HAVE A CHANCE TO REVIEW THAT, AND THE LIGHTING PLAN WASN'T SUBMITTED. IT SAYS THAT THE LIGHTS WILL SHINE DOWN ON THE COURT, BUT IT DOESN'T SAY HOW TALL THEY ARE, AND THERE'S NO GUARANTEE THAT IT WON'T SHINE ON OUR PROPERTY. IT DOESN'T SAY THAT. THE PROPOSED STRUCTURE IS AN ORIENTATION WHICH IS SENSITIVE TO AND COMPATIBLE WITH THE SURROUNDING AREA. AND WHICH MAINTAINS IMPORTANT VIEW CORRIDORS. SO WE HAVE AN IMPORTANT VIEW CORRIDOR THERE RIGHT NOW THAT LOOKS OVER THE LAGORSE GOLF COURSE. THIS HISTORIC HOME HAS BEEN THERE SINCE 1936. THE HOME IS WORTH LOTS OF MONEY, AND IF YOU PUT FOUR PEDAL COURTS BEHIND IT, YOU'RE GOING TO IMPACT THAT PROPERTY VALUE, BUT MORE IMPORTANTLY, YOU'RE GOING TO MAKE IT LESS ENJOYABLE AND DISTURB THE QUIET ENJOYMENT OF MY CLIENT IN HIS HOME. AND IT ALSO SAYS AN O THAT MUST BE DESIGNED, SIGHTED, THAT MEANS LOCATED, IN A MATTER WHICH IS SENSITIVE TO AND COMPATIBLE WITH EXISTING DEVELOPMENT. WE'RE EXISTING SURROUNDING USE. SO FOR THOSE THREE REASONS, WE ASK THAT YOU DENY THESE PADDLE BALL CORDS. SO YOU MODIFY THE APPROVAL TO REMOVE PEDEL BECAUSE PEDEL STRUCTURES ARE NOT AN ALLOWABLE USE IN THE GC ZONING CATEGORY. THEY'RE BUILT TOO CLOSE AT 20 FEET. THEY DON'T MEET THE SETBACK REQUIREMENTS, AND THEY DON'T MEET THE DESIGN CRITERIA FOR SURROUNDING PROPERTIES. SO THOSE ARE THE MAIN ARGUMENTS THAT WE HAVE BEFORE YOU, AND WE WOULD NOT ASK YOU TO DENY THE ENTIRE LAGORCE GOLF COURSE. WE REALIZE THAT'S AN IMPORTANT THING, JUST TO DENY THIS ADDITIONAL USE, THESE FOUR NEW PADEL COURTS. AND TO MOVE THE GOLF PERFORMANCE CENTER RESTROOM EITHER IN ANOTHER LOCATION, WHICH IS PREFERRED, BUT AT LEAST MEET THE 175 FOOT SETBACK. NOW IN 2004, I KNOW WE WERE 22 YEARS YOUNGER THAN WE ARE NOW. SOME OF US MIGHT NOT HAVE LIVED ON MIAMI BEACH, BUT LAGORSE AND MIAMI BEACH, THE CITY, HAD A FIGHT OVER FENCING. THEY WANTED TO PUT UP A FENCE THAT WOULD BLOCK THE NEIGHBOR'S VIEW OF THE GOLF COURSE. AND THERE WAS A CODE SECTION THAT PROHIBITED FENCES OF THAT HEIGHT. THE GOLF COURSE SUED THE CITY. THERE REACHED A SETTLEMENT IN THAT CASE BETWEEN THE CITY AND LAGORCE, AND LAGORCE PROMISED NOT TO BUILD FENCES THAT TALL, NOT TO OBSTRUCT THE VIEWS, AND NOT TO PLACE THINGS ON THE PROPERTIES BEYOND THE HOUSES THAT WERE THERE, NOT IN THE BACKYARDS. WE ASK YOU TO LIVE UP TO THAT. THANK YOU. OKAY, YES, IT'S MY TURN. GOOD TO SEE EVERYONE AGAIN. GRAHAM PENN, 200 SOUTH DISKIN BOULEVARD. HERE REPRESENTING LAGORCE, I’M GOING TO SHARE THIS PRESENTATION WITH MR. ALEXANDER FROM THE CITY ATTORNEY'S OFFICE, AS SUCH, BUT I’M GOING TO TRY TO FOCUS MOST OF OUR DISCUSSION ON DIRECT RESPONSE TO WHAT MR. BROOKS PROVIDED. FIRST OFF, THOSE OF YOU WHO WERE OBVIOUSLY HERE THIS MORNING, MR. GUNDAY APPEARED AT SUTNICK. HE HANDED SOMETHING OUT TO YOU, WHICH I HAVEN'T SEEN. AND I WOULD REPEAT WHAT MR. KOEHLER JUST NOTED THAT THE WHAT YOUR DECISION TODAY IS BASED ON THE RECORD THAT WAS IN FRONT OF THE DRB. IT'S NOT EVEN TAKING EVIDENCE. YOU'RE NOT MAKING NEW DECISIONS ABOUT WHETHER OR NOT YOU WOULD MAKE THAT SAME DECISION. THE AND WE BELIEVE IT'S CLEAR AND THE RECORD SUPPORTS IT THAT THE BOARD PROVIDED DUE PROCESS, OBSERVE THE ESSENTIAL REQUIREMENTS OF LAW AND HAD SUBSTANTIAL COMPETENT EVIDENCE IN FRONT OF YOU IN FRONT OF IT WHEN IT MADE ITS DECISION. DECISION. THAT'S THE ONLY INQUIRY THAT'S BEFORE YOU. THE FIRST OFF, I'D LIKE TO REMIND YOU ALL THAT MR. GUNDAY NEVER APPEARED IN FRONT OF THE DRB. SO UNDER THE FLORIDA LAW, ARGUABLY EVERY SUBSTANTIVE CLAIM THAT HE'S RAISED HAS BEEN WAIVED BECAUSE HE DIDN'T APPEAR. YOU CAN'T COMPLAIN ABOUT A DECISION MADE BY A QUASI-JUDICIAL BOARD IF YOU DON'T SHOW UP AND PRESENT SOMETHING TO THEM AND ASK THEM TO DECIDE IN YOUR WAY. BECAUSE THAT IS ONE OF THE. CORRECT. SO, IS THAT CORRECT THAT YOU CAN'T SHOW UP, I DON'T WANT TO SAY POST-MORTEM, BUT ESSENTIALLY AFTER A HEARING HAS ALREADY OCCURRED AND REGISTER A COMPLAINT IF YOU WEREN'T THERE FOR THE ORIGINAL? WELL, I THINK, FIRST OF ALL, I WOULD RECOMMEND THAT THE COMMISSION ALLOW THE ATTORNEYS FOR THE FURTHER RESPONDENTS, WHICH, YOU KNOW, THE CITY ATTORNEY'S OFFICE WILL. JUSTIN FROM OUR OFFICE WILL PRESENT AFTER MR. PENN DOES, AND THEN I CAN ANSWER ANY QUESTIONS THE BOARD MAY HAVE AFTER THE ATTORNEYS FINISH THEIR ARGUMENT. YEAH, AND COMMISSIONER, WE'RE FULLY RESPONDING TO EVERY ONE OF THEIR ARGUMENTS, RIGHT? I’M NOT RELYING ON THE FACT THAT THEY WAIVED IT, RIGHT? BUT UNDER FLORIDA LAW, THEY DO. [05:15:02] MORE IMPORTANTLY, AND WE DISCUSSED THIS WHEN WE DISCUSSED THE LAST APPEAL, YOU ARE NOT RE-DECIDING THIS APPLICATION, RIGHT? THE ONLY THING YOU ARE DETERMINING IS NOT... HEY, IF I WAS ON THE DRB, WHAT WOULD BE MY DECISION? THE ONLY QUESTION IS NOT WHETHER IT'S THE RIGHT DECISION, BUT IF IT'S A LEGAL DECISION. AND THAT'S WHY YOU HAVE THOSE THREE CRITERIA, RIGHT? DUE PROCESS, ESSENTIAL REQUIREMENTS OF THE LAW, THE EVIDENCE. AND AGAIN, THE RECORD SUPPORTS CONSISTENCY WITH ALL THREE OF THEM FOR THIS UNANIMOUS APPROVAL BY THE DRB. I WANT TO TOUCH, BECAUSE MR. BROOKS FOCUSED ON IT, ON A COUPLE OF THINGS RELATED TO THE ESSENTIAL REQUIREMENTS OF THE LAW. THE TWO FIRST ARGUMENTS HE MADE ABOUT THE USE ITSELF AND THE SETBACKS, THOSE CANNOT BE CONSIDERED BY THIS COMMISSION BECAUSE THEY COULD NOT BE CONSIDERED BY THE DRB. THE DRB HAS NO AUTHORITY TO REVIEW, OPINE, DECIDE ON THE RESILIENCY CODE, THE TERMS OF THE RESILIENCY CODE, WHETHER A PADDLE COURT IS CONSISTENT WITH GC OR NOT, WHETHER A PADDLE COURT HAS GOT THE SAME SETBACK AS A TENNIS COURT. THAT DECISION IS THE PLANNING DIRECTOR'S DECISION PURSUANT TO THE RESILIENCY CODE. SO THEY COULD NOT HAVE MADE A DECISION IN THIS CASE BASED ON THOSE ARGUMENTS IF THEY WERE BROUGHT TO THEM. SO THOSE TWO ARGUMENTS ARE IRRELEVANT. THEY WERE NOT WITHIN THE SCOPE OF WHAT THE DRB DOES. THE DRB HAS A SPECIFIC LIST OF CRITERIA THAT THEY APPLY. THAT DOESN'T INCLUDE IT, RIGHT? THE DETERMINATION OF CONSISTENCY OF THE ZONING IS A PLANNING DEPARTMENT DECISION. BRIEFLY. THE DISCUSSION THAT MR. GUNDAY MIGHT BE LOSING PORTIONS OF HIS REAR VIEW OF MY PROPERTY AND OVER MY PROPERTY, FLORIDA LAW HAS BEEN CONSISTENT FOR THE LAST 65 YEARS THAT THERE IS NO RIGHT TO A VIEW OVER SOMEONE ELSE'S LAND, PERIOD. SO THAT CANNOT BE A LEGAL BASIS TO SUPPORT ANY KIND OF CHALLENGE TO THIS APPROVAL AT ALL, LEGALLY. SO LET'S TALK A LITTLE BIT ABOUT THE COMPATIBILITY. MR. BROOKS NOTED THAT, IN THEIR OPINION, THE DRB DID NOT SPEND ENOUGH TIME CONSIDERING THE COMPATIBILITY OF THE COURTS WITH THE ADJACENT PROPERTIES. THAT'S NOT SUPPORTED BY THE TRANSCRIPT. THAT'S NOT SUPPORTED BY THE RECORD. YOU SEE A LENGTHY DISCUSSION IN THE TRANSCRIPT ABOUT THE LOCATION OF THE PADDLE COURTS, THE BUFFERING OF THE PADDLE COURTS, HOW THE TIME OF DAY ALLOWED ON THE PADDLE COURTS, THE LIGHTING, ETC AND THERE ARE THREE SPECIFIC CONDITIONS IN THIS ORDER THAT DIRECTLY CONTROL THE PADDLE COURTS, RIGHT? THEY REQUIRE A SOLID BARRIER. THAT HAS TO BE, WE CAN PICK A WALL, IT'S GOT TO BE LANDSCAPED, THERE'S ALREADY 12 TREES IN FRONT OF THEM BETWEEN US AND OUR ADJACENT PROPERTIES. LIGHTING CANNOT PROJECT OFF OF THEM, AND WE HAVE HOURS OF OPERATION LIMITS, RIGHT? THE BOARD CLEARLY CONSIDERED THAT ISSUE. SO THE IDEA THAT THEY'RE SOMEHOW IGNORING COMPATIBILITY WITH THE PADDLE COURTS WAS A BIG PART OF THIS HEARING, AND THE RECORD SUPPORTS IT. AND THAT IS ALL THE LAW ASKS US TO DO. THEY ARE REQUIRED TO REVIEW THEIR CODE. AND MAKE THEIR DETERMINATION. AND IT IS NOT, YOU KNOW, CANDIDLY, IT IS NOT THIS COMMISSION'S JOB TO DECIDE THAT THEY MADE THE WRONG DECISION FROM A FACTUAL POINT OF VIEW. SO WITH THAT, LET ME, I’M RUNNING OUT OF TIME FOR MY HALF. I'LL GIVE MR. ALEXANDER HIS CHANCE. THANK YOU. GOOD AFTERNOON, HONORABLE MAYOR AND COMMISSIONERS. JUSTIN ALEXANDER, ASSISTANT CITY ATTORNEY ON BEHALF OF THE DESIGN REVIEW BOARD. THE DRB RESPECTFULLY REQUESTS THAT YOU AFFIRM ITS ORDER APPROVING THE DESIGN APPLICATION FOR LAGORSE COUNTRY CLUB BECAUSE THE DRB AFFORDED PROCEDURAL DUE PROCESS TO THE PETITIONER, MR. GUNDAY. THIS IS SO FOR TWO REASONS. FIRST, MR. GUNDAY'S REQUESTED NOTICE STANDARD WOULD BE ADMINISTRATIVELY UNWORKABLE AND IS NOT REQUIRED BY THE LAW OF DUE PROCESS. AND SECOND, THE CITY COMPLIED WITH THE NOTICE REQUIREMENTS SET FORTH IN SECTION 2241 OF THE RESILIENCY CODE. SO TO STATE IT IN PRACTICAL TERMS, WHAT MR. GUNDAY'S NOTICE STANDARD WOULD MEAN IS THAT STAFF FROM THE PLANNING DEPARTMENT AND THE CITY CLERK'S OFFICE WOULD HAVE TO VERIFY THAT EVERY PROPERTY OWNER IN THE NOTICE RADIUS, WHICH UNDER THE CODE IS 375 FEET OF THE EXTERNAL BOUNDARIES OF THE SUBJECT PROPERTY, SO FOR EVERY ONE OF THOSE PROPERTY OWNERS, THEY WOULD HAVE TO VERIFY RECEIPT OF THE PUBLIC HEARING NOTICE AND THIS IS ADMINISTRATIVELY UNWORKABLE FROM A COST AND TIME STANDPOINT TO PUT IT IN PERSPECTIVE FOR THIS PROJECT THERE WERE 480 PROPERTY OWNERS WITHIN THE NOTICE RADIUS AND THAT HAS TO DO A LOT WITH THE FACT THAT THIS WAS A LARGE NOTICE RADIUS IT TOOK UP THE ENTIRE THE HORSE GOLF COURSE, BUT YOU CAN ENVISION A PROJECT OUTSIDE OF A SINGLE-FAMILY DISTRICT IN SOUTH OF FIFTH, FOR INSTANCE, WHERE YOU COULD POTENTIALLY HAVE THOUSANDS OF INDIVIDUAL PROPERTY OWNERS FOR WHICH RECEIPT OF NOTICE WOULD NEED TO BE VERIFIED. AND THE LAW OF DUE PROCESS [05:20:01] SIMPLY DOES NOT REQUIRE THAT LEVEL OF CONFIRMATION OF RECEIPT OF NOTICE FOR A QUASI-JUDICIAL HEARING. AND FURTHERMORE, THE RESILIENCY CODE FOLLOWS A BELT-AND-SUSPENDERS APPROACH. TO PROVIDING PUBLIC HEARING NOTICE. THERE ARE THREE FORMS OF NOTICE REQUIRED TO BE PROVIDED UNDER SECTION 2241. THE FIRST IS THE 30-DAY MAILED NOTICE TO ALL THE PROPERTY OWNERS LYING WITHIN 375 FEET. THE SECOND IS THE POSTED NOTICE ON THE PROPERTY AND IT'S NOT A SMALL NOTICE. IT'S A CONSPICUOUS NOTICE. THAT IS THE LEGAL TERM OF ART. SO IT'S ON, AS YOU YOU CAN SEE ON PAGES 12. AND 14 OF THE RESPONDENT'S APPENDIX. IT'S A LARGE RED PIECE OF PAPER WITH LARGE BOLD TYPE THAT SAYS NOTICE AND IT PROVIDES INFORMATION ABOUT THE SUBJECT MATTER OF THE HEARING, THE LOCATION, AND THE DATE AND TIME. AND THE THIRD IS THAT THE NOTICE MUST BE PUBLISHED ON THE MIAMI-DADE COUNTY HOSTED NOTICE WEBSITE. AND THROUGH ALL THREE OF THESE FORMS OF NOTICE, ALL THREE OF WHICH WERE COMPLIED WITH IN THIS CASE. AS NOTED ON PAGES 5 THROUGH 14 OF OUR APPENDIX, THE NOTICE IS DESIGNED TO ENSURE THAT ALL AFFECTED PROPERTY OWNERS RECEIVE NOTICE OF THE PENDING LAND USE BOARD HEARING. AND IT'S HIGHLY LIKELY THAT ALL THE PROPERTY OWNERS WILL SEE THE NOTICE THROUGH ONE OF THOSE THREE MEANS. AND HERE IT'S IMPORTANT TO NOTE THAT THE PETITIONER LIVES NEXT DOOR TO THE PROJECT AND IN ALL LIKELIHOOD WOULD HAVE SEEN THE THE RED NOTICE OF THE POSTED NOTICE EVEN IF HE HADN'T RECEIVED THE MAILED NOTICE WHICH HIS NAME AND ADDRESS ARE CORRECTLY PRINTED ON THE MAILING LABELS INCLUDED IN THE RECORD BEFORE YOU WHICH IS SUFFICIENT EVIDENCE TO INFER THAT NOTICE WAS WAS PROPERLY GIVEN. SO BECAUSE THE REQUESTED NOTICE STANDARD WOULD REPRESENT AN ADMINISTRATIVE IMPOSSIBILITY AND AN EXTREME BURDEN AS TO COST AND TIME, AND BECAUSE THE CITY FULLY COMPLIED WITH THE NOTICE REQUIREMENTS SET FORTH IN THE RESILIENCY CODE, THE DRB RESPECTFULLY REQUESTS THAT YOU AFFIRM ITS ORDER APPROVING THE DESIGN BECAUSE DUE PROCESS OF LAW WAS AFFORDED. THANK YOU. I'LL SUCK UP THE LAST 50 SECONDS BECAUSE I CAN'T SHUT UP. THE RECORD CLEARLY SHOWS THAT THIS WAS A CAREFUL DECISION BY THE BOARD, CONSISTENT WITH THE CODIFIED CRITERIA BASED ON SUBSTANTIAL COMPETENT EVIDENCE. AND THAT IS ALL THE LAW REQUIRES, RIGHT? THE BOTTOM LINE FOR THIS COMMISSION, AGAIN, IT'S NOT WHETHER YOU WOULD HAVE MADE THE SAME DECISION, BUT DID THEY COMPLY WITH THE DUE PROCESS? THEY APPLIED THE CORRECT CODE, AND DID THEY HAVE SUFFICIENT EVIDENCE IN FRONT OF THEM. THE ANSWER TO ALL THREE OF THOSE CRITERIA IS YES. SO WE WOULD ASK YOU TO UPHOLD THE UNANIMOUS APPROVAL OF THE DRB AT THIS POINT. AND, OF COURSE, WE'RE HERE IF YOU HAVE ANY QUESTIONS. WHAT ABOUT THE ELEGANT? AND MR. BROOKS, WE'LL GIVE YOU A COUPLE MINUTES FOR A REBUTTAL. THANK YOU VERY MUCH. THEY REFERENCED PAGE 13 AND 14 FROM THE APPENDIX FOR THE NOTICE. I CAN PASS IT. I'D LIKE YOU ON RECORD. IT'S A RED 8 BY 11 SHEET OF PAPER THAT'S TAPED TO A TELEPHONE POLE. AND WHEN YOU'RE DRIVING BY ALTON ROAD, AT THE SPEEDS THAT PEOPLE DRIVE ON ALTON ROAD, EVEN IF YOU'RE GOING TO 30 MILES AN HOUR, YOU'RE NOT GOING TO SEE WHAT THAT SAYS. THEY SHOULD HAVE REACHED OUT TO US. THERE'S NOT THOUSANDS OF OWNERS THAT COULD... COUNTRY CLUB SHOULD HAVE REACHED OUT TO US BECAUSE THEY WERE PUTTING FOUR PADDLEBOAT COURTS STRUCTURES RIGHT BEHIND OUR HOUSE. THERE'S A THOUSAND PEOPLE THAT NEEDED TO REACH OUT TO YOU. THEY NEEDED TO KNOCK ON OUR DOOR OR CALL US UP OR SEND SOMEONE OVER OR SEND US A PERSONAL LETTER. HEY, WE'D LIKE TO GET A LETTER OF NO OBJECTION TO SOME PEDAL COURTS. WE WANT TO PUT 20 FEET FROM YOUR BACKYARD. BUT THEY PROBABLY THOUGHT WE'D OBJECT SO THEY DIDN'T DO THAT. SO LOOK THE DESIGN CRITERIA INCLUDES LOCATION, LOCATIONAL DESIGN CRITERIA. PUTTING THESE FOUR COURTS WITH THE GLARE AND STRUCTURE BEHIND THEIR HOUSE ONLY 20 FEET AWAY IGNORES THE SITUATIONAL REQUIREMENTS THAT I READ EARLIER. THE HOURS ARE TOO LATE. START UP 20 FEET FROM THE HOUSE AT 8 IN THE MORNING. I’M USUALLY UP BY 8, BUT NOT EVERYBODY. 10 O'CLOCK, I AM NOW 60 YEARS OLD, AND I GO TO BED AT LIKE 7.30 OR 8 O'CLOCK. NOT 10 ANYMORE WHEN I WAS A YOUNG MAN AT THE UNIVERSITY OF MIAMI. THERE'S NO COMPETENT SUBSTANTIAL EVIDENCE ABOUT A LIGHTING PLAN. THEY SAID THEY SUBMIT A LIGHTING PLAN LATER. THE CONDITIONS ABOUT PUTTING A [05:25:01] WALL MAKE IT EVEN WORSE FOR MY CLIENT. HE CAN'T SEE THE GOLF COURSE AT ALL WITH A 12-FOOT WALL AND THE LANDSCAPING. I MEAN, HE'S GOT THIS VIEW SINCE 1936 ACROSS THE GOLF COURSE. NOW WE'RE TAKING THAT VIEW AWAY BY NOT ONLY PUTTING PADEL COURTS, BUT NOW PUTTING A 12-FOOT WALL. AND PUTTING PLEXIGLASS AROUND THE COURTS IS SOMETHING THAT PADEL COURTS HAVE ANYWAY, SO IT'S NOT AN EXTRA CONDITION TO CONTROL NOISE. IN FACT, IT MAKES IT NOISIER. THANK YOU. I MAKE A MOTION TO UPHOLD. THE DRB ROLLING, I MEAN... I HAVE A COUPLE QUESTIONS. OKAY, SURE. LIKE, ONE OF THE MAIN COMPLAINTS WE GET BESIDES TRAFFIC IS NOISE, AND WE'RE TRYING TO... SO, THE DRB, WHEN THEY'RE LOOKING AT THESE PROPOSALS, THEY DON'T TAKE INTO EFFECT NOISE, AND I THINK ONE OF THE ATTORNEYS SAID, BECAUSE HAVING SOMETHING 20 FEET FROM YOUR BACKYARD SEEMS EXTREMELY CLOSE. BUT THAT'S NOT WHAT THE DRB WAS LOOKING AT, WHO WOULD HAVE APPROVED SOMETHING LIKE THAT? SO THAT'S A GOOD QUESTION. GENERALLY, THE DRB IS TASKED WITH REVIEWING THE DESIGN OF A PROPOSED DEVELOPMENT. IN THIS CASE, THE DRB INCLUDED SOME CONDITIONS THAT WERE INTENDED TO MITIGATE OTHER IMPACTS OF THE PROPOSED IMPROVEMENTS, LIKE THE HOURS, THE FENCING, AND THE... THE DESIGN OF THAT SETBACK WALL AROUND THE PADEL COURTS. BUT THIS PARTICULAR APPLICATION ONLY REQUIRED DESIGN REVIEW BOARD APPROVAL. IT DIDN'T REQUIRE PLANNING BOARD APPROVAL. SO THAT SAID, THE CLUB WILL BE SUBJECT TO THE NOISE ORDINANCE LIKE ANY OTHER PROPERTY WOULD, REGARDLESS OF WHETHER NOISE CONDITIONS WERE INCLUDED IN THE ORDER. SO SOME OF THE ALLEGATIONS WAS ALSO THAT YOU CAN'T HAVE A PADDLE COURT IN A GOLF COURSE. WAS THAT ADDRESSED? BECAUSE I WAS KIND OF IN AND OUT OF THE BATHROOM. FROM OUR PART OF VIEW, YEAH, I DID DISCUSS IT. IT'S VERY EXCITING. THE BOTTOM LINE IS... THE DRB HAS NO AUTHORITY OVER DETERMINING WHAT THE ZONING CODE SAYS, RIGHT? SO FOR THE USE, FOR THE SETBACK, THAT'S DETERMINED BY THE PLANNING DIRECTOR. SO THAT ISSUE COULD NOT LEGALLY EVEN BE IN FRONT OF THE DRB FOR THEM TO REVIEW, SO THEY CANNOT BE CHALLENGED ON THAT DETERMINATION BECAUSE THEY CAN'T MAKE THAT DETERMINATION. PLANNING DIRECTOR DETERMINED PADDLE USE IS APPROPRIATE, AND THE SETBACK IS THE SAME AS ATTENDANCE SCORE. THAT'S HOW IT GOT TO HEARING, RIGHT? AND SO THE ACTUAL ZONING, THE CONSISTENCY WITH THE ZONING WILL BE REVIEWED AGAIN AT THE TIME OF BUILDING PERMIT. IT'S NOT WITHIN THE PURVIEW OF THE DRB TO OPINE ON THE CONSISTENCY WITH ZONING. SO THAT'S WHY IT'S IRRELEVANT TO THIS DISCUSSION TODAY. MR. FERNANDEZ. SO I JUST WANT TO ASK JUSTIN. YEAH, HE WANTS TO RESPOND. YOU AS THE CITY COUNCIL OR CITY COMMISSION. ALL THE ULTIMATE LAND USE AUTHORITY WITHIN THE CITY OF MIAMI BEACH. I KNOW THAT DRB CANNOT MAKE THESE TYPE OF THINGS, BUT CERTAINLY YOU HAVE THE POWER TO SAY NO TO USE THAT'S NOT LISTED IN THE ZONING DISTRICT. IT'S FOR YOU TO DECIDE. OTHERWISE, WHERE DO WE GO? WE ONLY GO TO COURT. AND WE DON'T WANNA GO TO COURT. WE DON'T WANT TO SUE YOU WHEN YOU HAVEN'T EVEN MADE THE DECISION. YOU SHOULD MAKE A DECISION WHETHER PEDAL IS THE SAME AS A TENNIS COURT, WHETHER IT'S ALLOWED IN THE GC DISTRICT. IT'S CLEARLY NOT LISTED, AND IT'S CLEARLY NOT THE SAME. WELL, BUT FROM HOW I SEE IT, THE QUESTION IS WHETHER THE DRB APPLIED THE CORRECT STANDARDS UNDER THE CODE. AND IN THE CONTEXT OF THE GC ZONING DISTRICT, WOULD IT BE FAIR TO SAY, JUSTIN, THAT RECREATIONAL USES LIKE TENNIS COURTS AND PADEL COURTS ARE ANTICIPATED AS PART OF A GOLF COURSE PROPERTY? SO THAT DETERMINATION IS MADE ADMINISTRATIVELY. BY WHOM? BY THE PLANNING DIRECTOR. AND WHAT WAS THE PLANNING DIRECTOR'S DETERMINATION ADMINISTRATIVELY? THE PLANNING DIRECTOR DETERMINED THAT THE PEDEL COURT WOULD BE AN ACCESSORY USE WITHIN THAT DISTRICT. SO IN THE CONTEXT OF A GC ZONING DISTRICT, IT'S... IT IS WITHIN THE CONTEXT OF WHAT'S ALLOWED HERE. YES. OKAY. AND THE STANDARD... SO, BECAUSE IT WAS SAID THAT WE'RE THE ULTIMATE DECISION MAKERS ON THAT. THE DECISION MAKER ON THAT IS THE PLANNING DEPARTMENT, THE PLANNING DIRECTOR. [05:30:01] HE IS THE DECISION MAKER ON THAT. AND HE ISSUES AN INDEPENDENT DETERMINATION, ZONING DETERMINATION. AND BASED ON THAT, THE DRB... REVIEWS THESE APPLICATIONS AND COMES TO THESE DETERMINATIONS. CORRECT. AND WHAT THE DRB IS APPLYING ARE THE DESIGN REVIEW CRITERIA IN 2531 OF THE RESILIENCY CODE. AND GOING SPECIFICALLY TO THE ROLE OF THE DRB, DID THE DRB SPECIFICALLY EVALUATE THE PLACEMENT OF THESE SCORES RELATIVE TO THE ADJACENT PROPERTY AS PART OF ITS REVIEW? YES, THERE IS COMPETENT SUBSTANTIAL EVIDENCE IN THE RECORD THAT THE DRB CONSIDERED CONTEXT, AND THEY EVEN INCLUDED CONDITIONS LIKE THE SITE WALL THAT MR. PENN MENTIONED IN REACHING A FINDING THAT IT WAS, I BELIEVE IT'S A CRITERION G. OF 2531. AND THAT TYPE OF BUFFERING WAS PART OF THE ELEMENTS OF WHAT THE DRB RELIED ON TO DETERMINE COMPATIBILITY WITH THE SURROUNDING AREA? YES. AND AS IT RELATES TO SETBACKS, THAT'S WHAT I SEE THAT'S A BIG PART OF THIS APPEAL ARE SETBACKS. AND SO TO ME, THAT'S A CORE CONCERN THAT'S RAISED HERE. CAN YOU CLARIFY FOR THE RECORD WHAT SETBACK IS REQUIRED UNDER THE CODE? I’M BEING LOOKED AT. THE COURTS IN EVERY DISTRICT HAVE A, AND MR. MOONEY CAN TELL ME I’M WRONG, ARE SEVEN AND A HALF FEET SETBACK FROM THE PROPERTY LINE. OKAY, SEVEN AND A HALF FEET. AND WHAT... WHAT SETBACK IS ACTUALLY BEING PROVIDED BETWEEN THE PADEL COURTS AND THE SHARED PROPERTY LINE IN THIS CASE? 20. SO 7 FEET IS REQUIRED UNDER THE CODE AND 20 IS REQUIRED. SO JUST TO BE CLEAR, THE PROJECT IS NOT ONLY MEETING THE REQUIRED SETBACKS, IT'S ACTUALLY EXCEEDING THE REQUIRED SETBACKS BY A SIGNIFICANT MARGIN. BUT THAT'S SETBACK BETWEEN HOUSES, CORRECT? BETWEEN RESIDENTIAL PROPERTIES. IT'S A SETBACK BETWEEN THE PROPERTY LINE AND A COURT. MAYOR? VICE MAYOR. COMMISSIONER VAUGHN. THANK YOU. SO I THINK THE BIGGEST ISSUE FOR ME IS TWOFOLD. ONE IS THAT I TOTALLY UNDERSTAND THAT THERE WAS NOTICE, BUT... IT SEEMS TO ME, UNLESS I MISHEARD SOMETHING, THAT THERE WAS NO CONNECTION MADE BETWEEN THE GOLF COURSE AND THE MOST AFFECTED RESIDENT. IS THAT AN ACCURATE STATEMENT? I CAN'T SPEAK TO WHETHER THE GOLF COURSE AND THE PETITIONER ENGAGED IN ANY DISCUSSIONS PRIVATELY, BUT NOTICE WAS. WAS MAILED, POSTED, AND ADVERTISED IN ACCORDANCE WITH THE RESILIENCY CODE. AND SO DID THE RESIDENT RESPOND TO THE NOTICE MADE AND CONNECT? AND CAN I ASK WHY? WELL, I THINK MR. PENN, IF ANYONE WOULD BE ABLE TO SPEAK TO WHETHER THE CLUB CONTACTED THE COMMISSIONER. YEAH, I’M UNAWARE OF ANY COMMUNICATION. WHY NOT? WELL, AGAIN, AND I'LL CANDIDLY, COMMISSIONER, IT'S IRRELEVANT TO THIS PROCEEDING. RIGHT THE THE BOTTOM LINE IS IT DOESN'T MATTER IF I IF WE DID OR NOT AT THIS POINT THE DRB MADE ITS DECISION THE ONLY INQUIRY ABOUT NOTICES AS MR ALEXANDER EXPLAINED WHETHER THE CITY PROVIDED MR GUNDAY WITH ADEQUATE NOTICE OKAY AND THE ANSWER TO THAT IS YES AND THE ADEQUATE NOTICE WAS THE WAS THE RED SIGN AND THE MAIL NOTICE AND THE WEBSITE NOTICE SO I’M JUST TRYING TO UNDERSTAND FOR MY OWN EDIFICATION, IF YOU GUYS CAN JUST BEAR WITH ME FOR A MINUTE, BECAUSE I’VE BEEN VERY CONSISTENT THROUGHOUT MY 11 YEARS OF ACTIVISM AND ON PLANNING BOARD, NOW ON THE COMMISSION, THAT THE MORE INTERESTED PARTIES CONNECT WITH EACH OTHER AND ENGAGE, THE BETTER THE OUTCOME IS. THIS IS CLEARLY AN EXAMPLE, MAY NOT BE THE ONLY REASON, BUT THIS IS AN EXAMPLE OF NOT PROPER ENGAGEMENT AND AN UNSATISFACTORY OUTCOME FOR HALF OF THE PARTY, RIGHT? HALF THE PARTIES. SO LET ME ASK YOU, I’M SORRY, I DIDN'T CATCH YOUR NAME. I HAVE TERRIBLE NAMES. MR. BROOKS. BROOKS. MR. BROOKS. YOUR CLIENT LIVES IN LONDON? NO. YOU LIVE HERE. HE LIVES HERE. HE WAS ON THE NOTICE LIST. HE HAS A MAILBOX. THE LETTER DID NOT ARRIVE IN HIS MAILBOX. HE GETS THIS THING CALLED, THAT I GET AT MY HOUSE, INFORMED DELIVERY, WHERE YOU [05:35:02] GET AN EMAIL THAT SHOWS ALL THE LETTERS YOU'RE GETTING THAT DAY. HE CHECKED ALL THOSE, AND WE NEVER GOT THE INFORMED DELIVERY AT THE HOUSE. SOMEWHERE ALONG THE WAY THAT LETTER DID NOT MAKE IT TO HIM. HE FOUND OUT ABOUT THE HEARING AFTERWARD. IT ALREADY HAPPENED. HE INQUIRED SEPTEMBER 24TH ABOUT THE SEPTEMBER 11TH HEARING. HE FOUND OUT ABOUT IT THEN AND IT WAS TOO LATE. BUT HE HAS THE ABILITY TO COME HERE AND APPEAL TO DO THIS APPEAL. HE HAS STANDING, HE'S ADJACENT, HE'S A BUDDY. NO, I GET ALL THAT. I UNDERSTAND ALL THAT. AND I APPRECIATE YOUR ASKING ABOUT THE NOTICE AND THE ENGAGEMENT. I’M JUST TRYING TO PUT THIS INTO CONTEXT. THE OTHER THING THAT I AM REALLY CURIOUS ABOUT IS, YOU KNOW, WE HAVE HAD SITUATIONS WHERE THE LAWS OF OUR CITY DO NOT ACCURATELY REFLECT THE CONDITIONS IN WHICH WE RESIDE. WE EITHER HAVE LAWS THAT GOVERN THINGS THAT ARE NO LONGER RELEVANT, OR WE DON'T HAVE LAWS TO GOVERN THINGS THAT NEED TO BE GOVERNED. A PERFECT EXAMPLE OF THIS WAS THE PRIVATE MARINAS AT PRIVATE CONDOS OPERATING CHARTER BOATS. WE DIDN'T HAVE LAWS ABOUT THIS BECAUSE IT WASN'T CONTEMPLATED. THE EASY SOLUTION WAS WELL-ORGANIZED CONDOS COULD WRITE INTO THEIR BYLAWS HOW TO MANAGE IT, SO THAT'S GREAT FOR THEM, BUT FOR THOSE CONDOS, WHO WEREN'T WELL ORGANIZED, THAT DIDN'T WORK FOR THEM, RIGHT? SO TO ME THIS FEELS, AND THIS IS A LITTLE BIT OF A DIFFERENT ISSUE, BUT THE REASON WHY I’M RAISING IT IS BECAUSE I HAVE A PROCEDURAL QUESTION. THE DIFFERENCE BETWEEN A PICKLEBALL COURT AND A TENNIS COURT IS THE LEVEL OF NOISE IT EMITS. I WOULD SAY, AND PICKLEBALL MIGHT EVEN FALL CLOSER TO PADEL, I DON'T KNOW, BUT DEFINITELY TENNIS. AND SO IT SEEMS LIKE, IF I READ THIS CORRECTLY, IT IS REQUIRED FOR DRB TO CONSIDER NOISE AS PART OF THIS. IS THAT RIGHT? THEY HAVE DESIGN CRITERIA, IF YOU'RE ASKING ME, AND IT'S ALL ON MY PAGE 10. IS THAT CORRECT? IF YOU LOOK AT PAGE 10, IT HAS THE CRITERIA THAT ARE ON THERE. RIGHT, SO I’M CHECKING WITH OUR CITY ATTORNEY. THE CRITERIA, THE DESIGN REVIEW CRITERIA SPECIFICALLY INCLUDE THE ARRANGEMENT OF THE STRUCTURES ON THE PROPERTY AS THEY RELATE TO EACH OTHER AND ALSO AS THEY RELATE TO NEIGHBORING PROPERTIES. THE DRB DOESN'T SPECIFICALLY ADDRESS NOISE. BUT THE ARRANGEMENT OF A PROPERTY TO BE CONSIDERED IN ITS ENTIRETY SHOULD CONTEMPLATE NOISE. BECAUSE IF YOU'RE INSTALLING A PAGODA WHERE YOU'RE GOING TO DO YOGA, THAT'S A DIFFERENT THING FROM INSTALLING A PAGODA WHERE YOU'RE GOING TO HAVE A DJ. SO WOULDN'T THAT BE AN APPROPRIATE PART OF THE CONVERSATION FOR THE DRB TO CONSIDER? I THINK IF YOU'RE ASKING DO ANY OF THE CRITERIA ADDRESS YOUR CONCERNS, AND I THINK THE SPECIFIC CRITERION IS G IN THE STAFF REPORT, WHICH IS THAT THE DESIGN AND LAYOUT OF THE PROPOSED SITE PLAN AS WELL AS NEW AND EXISTING BUILDINGS ARE REVIEWED. PROVIDE AN EFFICIENT ARRANGEMENT OF LAND USES. SO THE DRB IS NOT APPROVING THE USE, BUT LOOKING AT WHERE THE PROPOSED STRUCTURES AND USES WILL BE ON THE OVERALL SITE. SO I THINK THAT ADDRESSES YOUR QUESTION. RIGHT, BUT THIS GETS TO THE ISSUE IS THAT AN APPROVED USE DOESN'T CONTEMPLATE A USE THAT MAKES A LOT OF NOISE IN SOMEBODY'S BACKYARD. AND SO WE ARE ASKING THE DRB TO OPINE ON SOMETHING THAT ISN'T PROPERLY GOVERNED BY OUR... CITY LAWS AT THIS MOMENT. WELL, THE DRB IS NOT OPINING, RIGHT? THE DRB IS MAKING FINAL DECISIONS ON INDIVIDUAL APPLICATIONS BASED ON THE REVIEW CRITERIA, BASED ON THE EVIDENCE THAT THE BOARD TAKES. BUT I UNDERSTAND THAT. BUT IT'S AN INCOMPLETE REVIEW IF THE LAWS DON'T CONTEMPLATE A USE. AND WE'VE GOT THIS ISSUE HAPPENING IN SUNSET, OR ON THE SUNSET ISLANDS, I THINK, AS WELL. AND IT JUST HASN'T BEEN ADDRESSED YET. AND I THINK, COMMISSIONER, I THINK YOU HAVE A SEPARATE... LEGISLATION EITHER PENDING BEFORE THE NEIGHBORHOODS COMMITTEE OR THE LAND USE COMMITTEE, IF I RECALL, WHERE YOU WERE LOOKING AT POTENTIAL AMENDMENTS TO THE NOISE ORDINANCE TO ADDRESS COURT GAMES. THAT IS A SEPARATE MATTER THAT, IF MOVED FORWARD, WOULD APPLY TO ALL PROPERTIES. PROSPECTIVELY, BUT NOT RETROSPECTIVELY. WELL, BECAUSE THE NOISE ORDINANCE APPLIES TO ALL PROPERTIES. THE NOISE ORDINANCE IS NOT A LAND DEVELOPMENT REGULATION. WHERE CHANGES TO THE LDRS APPLY ONLY PROSPECTIVELY. AS WE PROCEED LEGISLATIVELY THROUGH THAT PROCESS, IT MAY EVOLVE INTO SOMETHING BESIDES THE NOISE ORDINANCE BECAUSE WHAT I CAN FORESEE HAPPENING HERE, THE LIGHTING, WHATEVER, THERE ARE WAYS TO MITIGATE LIGHT. I DON'T LOVE IT. I CAN'T LITIGATE ALL OF THIS, [05:40:03] SO BEAR WITH ME. THE LIGHTING IS MORE EASILY MITIGATED POTENTIALLY THAN NOISE. AND NOISE IS... A CODE ENFORCEMENT ISSUE THAT IS RESIDENT DRIVEN. SO EVERY TIME THAT A RESIDENT HEARS NOISE IN THEIR HOME, THE ORDINANCE WHICH CURRENTLY GOVERNS IT, IS IF YOU CAN HEAR NOISE THAT IS... ...IN YOUR HOME AT ANY TIME OF DAY, THEN THAT BECOMES A NOISE VIOLATION. WE HAD THIS WITH THE GOOD TIME HOTEL. I’M NOT SUGGESTING YOU GUYS ARE THE GOOD TIME HOTEL, BUT, I MEAN, YOU KNOW, GRAHAM, HOW MANY TIMES DID WE SEE THAT THING COME UP ON THE PLANNING BOARD AGENDA? BECAUSE THE WAY THE LAW WAS GOVERNED IS THAT, OR WAS WRITTEN, IS THAT IF I’M SITTING IN MY LIVING ROOM READING A BOOK AND I CAN HEAR THE GOOD TIME HOTEL... I HAVE TO CALL CODE AND CODE HAS TO COME OVER AND THEY HAVE TO HEAR IT AND THEY HAVE SOMEBODY, YOU KNOW, WATCHING FOR CODE AND THEN THE DJ TURNS DOWN THE VOLUME. AND IT DOESN'T MATTER WHAT COVENANTS WERE GIVEN AND WHAT PROMISES WERE MADE AND WE ALL WENT AND WE HEARD HOW WELL IT SOUNDED AND HOW GOOD THE SOUND CONTROL WAS WHEN IT WAS BEING USED AS INTENDED. BUT IT WAS NOT SUFFICIENTLY USED AS INTENDED. SET UP FOR DISASTER. YEAH, AND I THINK THIS IS, THAT'S EXACTLY RIGHT. I THINK THIS IS, I’M NOT SUGGESTING THAT THE GOLF COURSE CAN'T HAVE FIDEL COURTS. I THINK IT MAKES SENSE. I MEAN, WE'VE DONE IT WITH THE GOLF COURSE IN THE MIAMI BEACH GOLF COURSE WHERE THEY NOW HAVE PICKLEBALL COURTS. BUT THAT IS A DIFFERENT VERSION OF THIS, WHERE YOU HAVE PICKLEBALL COURTS ON A BUSY ROAD ACROSS THE STREET FROM RESIDENTIAL THAT DON'T MAKE NEARLY AS MUCH NOISE. AND SO I DON'T KNOW HOW. I CAN'T DO THIS, BUT I WOULD SUGGEST THAT INSTEAD OF SAYING YAY OR NAY, YOU GUYS GO BACK TO THE DRAWING BOARD AND JUST RECITE IT SO THAT IT'S NOT GOING TO CAUSE ALL THESE ISSUES BECAUSE IT'S GOING TO CAUSE ALL THESE ISSUES. YOU'RE GOING TO GET NOISE COMPLAINTS ALL THE TIME. COMMISSIONER MATEO SALINAS. I HAVE SOME QUESTIONS, BUT NICK, CAN YOU REITERATE? WE'RE HERE TO NOT JUDGE THE PROJECT, BUT TELL US THE THREE THINGS. SO YOU'RE NOT HERE TO TO REWEIGH THE EVIDENCE BEFORE THE DESIGN REVIEW BOARD YOU'RE ONLY HERE TO DETERMINE WHETHER THE BOARD'S DECISION WAS SUPPORTED BY ANY COMPETENT SUBSTANTIAL EVIDENCE AT ALL. IT'S A VERY ON THE EVIDENCE IT'S A DEFERENTIAL STANDARD. YOU'RE ALSO HERE TO DETERMINE WHETHER THE BOARD FOLLOWED THE THE ESSENTIAL REQUIREMENTS OF LAW MEANING TO THE BOARD FOLLOW THE CORRECT LAW THE CORRECT CRITERIA. THAT'S WHAT I’M TRYING TO SUGGEST WITH THE NOISE ISSUE. WELL, I THINK THE DRB IS NOT REALLY TASKED WITH... WITH APPROVING OR DENYING AN APPLICATION FOR USE. IF YOU ARE CONCERNED ABOUT THE APPLICABILITY OF THE CURRENT NOISE ORDINANCE TO COURT GAMES, I THINK THAT'S SOMETHING THAT YOUR SEPARATE LEGISLATION COULD ADDRESS. BUT I THINK IN THIS CAPACITY, YOU'RE IN A VERY LIMITED ROLE HERE. YOU'RE LOOKING, BASED ON THE RECORD THAT WAS PRESENTED TO THE DESIGN REVIEW BOARD, AS TO WHETHER THE BOARD FOLLOWED THE RULES, WHETHER ITS DECISION WAS SUPPORTED BY THE EVIDENCE, AND WHETHER DUE PROCESS WAS FOLLOWED. BUT I’M LOOKING AT THE SENTENCE THAT READS, THE DRB'S APPROVAL RELIED ON UNSUBSTANTIATED ASSERTIONS THAT THE BEDELL COURTS WOULD PRODUCE MINIMAL NOISE. WAIT, I’M SORRY. COULD YOU REPEAT THOSE? BECAUSE I HAVE SOME QUESTIONS DIRECTLY FOR YOU, AND I KEEP GETTING SIDETRACKED. SO COULD YOU REPEAT? I’M SORRY. SURE. SO THE FIRST IS WHETHER THE DRB'S DECISION WAS... SUPPORTED BY COMPETENT, SUBSTANTIAL EVIDENCE, MEANING WAS THERE EVIDENCE TO SUPPORT WHAT THE BOARD ULTIMATELY DECIDED AND ALL THE CONDITIONS THAT IT IMPOSED. SECOND IS WHETHER THE BOARD FOLLOWED THE ESSENTIAL REQUIREMENTS OF LAW, MEANING DID THE BOARD APPLY THE CORRECT LAW? AND THE THIRD IS WHETHER PROCEDURAL DUE PROCESS WAS PROVIDED, AND THAT IS NOTICE AND AN OPPORTUNITY TO BE HEARD. OKAY. ALL RIGHT. THANK YOU. I’M GOOD. SO CAN I JUST ASK A QUESTION? IS NOISE PART OF THE REVIEW CRITERIA OF THE DESIGN REVIEW BOARD? NO. OKAY. SO BASED ON THAT, BASED ON WHAT I AM HEARING, THE DESIGN REVIEW BOARD ACTED APPROPRIATELY WITHIN ITS AUTHORITY. NOW, WE MAY WANT TO GO BACK AND LOOK AT WHAT ARE THE DESIGN CRITERIAS AND PASS LEGISLATION SO THAT IN THE FUTURE, YOU KNOW, PERHAPS THEY MIGHT BE ABLE TO CONSIDER NOISE. IS THAT SOMETHING THAT WE'RE ABLE TO DO OUTSIDE OF THIS QUASI-JUDICIAL HEARING IN A LEGISLATIVE CAPACITY? YOU CAN ADOPT LEGISLATION THAT WOULD APPLY TO APPLICATIONS MOVING FORWARD. BUT THAT'S NOT WHAT WE'RE DOING TODAY. TODAY, WE ARE DETERMINING WHETHER THE DRB ACTED WITHIN [05:45:03] ITS AUTHORITY AND APPLIED THE STANDARDS THAT EXIST TODAY AND THAT EXISTED IN OCTOBER. WHEN THE DRB ORDER WAS ISSUED. AND WHAT THE RECORD SHOWS IS THAT THE COURTS COMPLY WITH THE SETBACKS THAT ARE REQUIRED UNDER THE CODE. AND IN FACT, THEY EXCEED THEM. THE DRB EVALUATED THE RELATIONSHIP BETWEEN THE ADJACENT PROPERTY AND CONSIDERED THE SITE DESIGN, CONSIDERED THE BUFFERING, MADE A DETERMINATION ACCORDINGLY BASED ON THAT AS JUSTIN AND AND GRAHAM HAS HAS HAVE STATED FOR FOR FOR FOR THE RECORD THAT DOESN'T MEAN THAT WE DON'T ACKNOWLEDGE THE CONCERNS RAISED BY THE APPLICANT IS WHY WE WANT TO INITIATE LEGISLATION AND COMMISSIONER BOB IS IS IS WORKING ON LEGISLATION TO TO ADDRESS ISSUES OF NOISE AND FUTURE CONSIDERATIONS AS TO THE PROXIMITY OF THESE COURTS TO SOMEONE'S HOME, WHICH I GET IT. IT CAN BE IMPACTFUL, BUT BUT. BUT OUR ROLE HERE TODAY IS NOT TO REWEIGH OR RECONSIDER ALL OF THOSE THINGS. THE FACT IS THAT DRB ACTED WITHIN THE SCOPE, WITHIN THE AUTHORITY, AND WITHIN THE CRITERIAS THAT THEY WERE ABLE TO. AND BASED ON THAT, I JUST DON'T SEE A BASIS IN THE RECORD TO CONCLUDE THAT THE DRB ERRED IN ITS DECISION OF... APPROVING THIS. I STILL HAVE NOT SEEN WHERE THE DRB ACTED WRONG. THAT DOESN'T MEAN THAT THERE ISN'T ROOM FOR LEGISLATIVE IMPROVEMENTS IN THE FUTURE AS IT RELATES TO NOISE, AS IT RELATES TO SETBACKS AND EVERYTHING ELSE. BUT I’M JUST NOT SEEING WHERE THE DRB DIDN'T ACT APPROPRIATELY IN ANY OF THIS. COMMISSIONER MAGAZINE, AND THEN COMMISSIONER SUAREZ. I DO HAVE A COLLEAGUE THAT I THINK SPENT LIKE 750 BUCKS ON A PRADA PADDLE RACKET. HE PLAYED TWICE AND HAS NEVER PLAYED AGAIN. SO I DO HOPE YOU CAN RULE FAIRLY ON THIS. THE ONE AREA WHERE I THINK THERE'S THE MOST QUESTION OR AMBIGUITY I'D LIKE CLEARED UP IS THE THIRD YOU POINTED OUT, NICK. NOTICE AN OPPORTUNITY TO BE HEARD. I AGREE. THAT IN GOOD FORM AND WHAT I WOULD LOVE TO SEE IN A PERFECT WORLD IS FOR THOSE OPERATORS FROM LAGORCE TO WALK OVER TO AN ADJACENT HOUSE, KNOCK ON THE DOOR AND SAY, LET'S WORK THROUGH THIS. MY GUESS, THOUGH, IS THAT'S NOT THE STANDARD OF THE LAW. AND WHAT WE HAVE TO OPINE HERE ON AS MUCH AS I WOULD LIKE TO SEE MORE WHITE GLOVE TREATMENT FOR A NEIGHBOR OF SUCH A LONG TIME. RIGHT. WE'RE ALL ONE COMMUNITY, ONE PARTNER. WE HAVE TO RULE ON NOT WHAT WE'D WANT TO SEE IN AN IDEAL WORLD ON THE STANDARD OF LAW. SO WHAT IS LEGALLY REQUIRED? THE LEGALLY REQUIRED NOTICE IS NOTICE THAT'S REASONABLY CALCULATED TO APPRISE THE RECIPIENT OF THE HEARING. WHAT IS THAT EVEN? REASONABLY CALCULATED MEANS THAT IT'S GOING TO BE LIKELY TO REACH THEM. SO UNDER THE CODE, WHAT YOU'RE LOOKING AT IS THAT THE... THE DESIGN REVIEW BOARD FOLLOWED THE THREE-STEP NOTICE PROCESS OUTLINED IN SECTION 2241 OF THE RESILIENCY CODE, AND THAT IS THE 30-DAY MAILED NOTICE, THE 30-DAY POSTED NOTICE ON THE SUBJECT PROPERTY, AND THE NOTICE BY PUBLICATION IN THE MIAMI HERALD, OR IN THIS CASE THE... SO LET'S SAY THE PETITIONER EVEN HAD A FORENSIC ANALYSIS THAT HIS MAILBOX NEVER RECEIVED. THAT DIRECT MAIL NOTICE, DO THE OTHER TWO OUTREACHES ESSENTIALLY UPHOLD THE LEGALLY REQUIRED OUTREACH? THE CITY COMMISSION CAN CONSIDER THE EVIDENCE THAT HIS NAME WAS ON THE MAILING LABELS AND THAT THE OTHER FORMS OF NOTICE WERE PROVIDED AS EVIDENCE. RIGHT, THAT'S WHAT I’M SAYING. SO EVEN IF WE JUST LIMITED IT TO THE OTHER TWO. THOSE ARE ADEQUATE NOTICES OF REQUIREMENT, ARE THEY OR NOT? UNDER THE RESILIENCY CODE, YES. AND UNDER THE LAW OF DUE PROCESS, THEY WOULD BE REASONABLY LIKELY TO REACH SOMEONE. AND I THINK I WOULD FALL CLOSE TO MY COLLEAGUE, COMMISSIONER FERNANDEZ, AND ESPECIALLY ON THIS THIRD POINT WHERE IN A PERFECT WORLD, IN A GENTLEMAN'S WORLD, THEY WOULD HAVE WALKED OVER AND HAD A MORE SUBSTANTIAL CONVERSATION. BUT WE HAVE TO SIT HERE AND [05:50:01] RULE ON THE LEGALITY, WHICH I BELIEVE HAS BEEN MET. YES, AND SO, YOU KNOW, NICK, YOU MEANT YOUR COMMISSIONER BROUGHT UP THE. THE ISSUE WITH NOISE AND HOW THE DRB DOESN'T CONCERN ITSELF WITH NOISE. HOWEVER, ON PAGE 7 OF THIS PAPER THAT I’M READING, IT SAYS, STAFF ALSO EXPRESSED CONCERN WITH SITTING LOCATION FOR THE FOUR PATELLA COURTS. STAFF ALSO EXPRESSED SIMILAR CONCERNS WITH THE NEW PATELLA COURT LOCATION SO CLOSE TO THE SINGLE-FAMILY HOMES. AND THEN IT QUOTES, HOWEVER, STAFF HAS EXPRESSED CONCERNS REGARDING THE COMPATIBILITY OF THE FOUR. PADDLE COURTS AND THEIR POTENTIAL NOISE IMPACT ON THE SINGLE-FAMILY HOMES LOCATED TO THE NORTH, FRONTING ALTON ROAD IN RESPONSE TO THESE CONCERNS. SO IF THE DRB DOESN'T HAVE TO ADDRESS NOISE, IT CERTAINLY SEEMS THAT THEY HAVE ADDRESSED NOISE HERE. YEAH, SO LET ME CLARIFY. HOLD ON. SO IF THE DRB TOOK NOISE INTO CONSIDERATION, IN THE, LET'S SAY, THE PASSAGE OF THIS VIEW OR APPLICANT, DOESN'T THAT THEN BRING TO US SOMETHING THAT WE CAN EVALUATE SINCE THEY HAVE, I GUESS, VOLUNTARILY EVALUATED NOISE? SO, AND THAT'S A GOOD QUESTION. SO THERE ARE TWO, AT LEAST TWO CRITERIA THAT I THINK ADDRESS THIS ISSUE. THE ONE IS... G ON PAGE 1933 OF YOUR BOOK, WHICH IS THE ONE I MENTIONED EARLIER ABOUT THE EFFICIENT ARRANGEMENT OF LAND USES BETWEEN STRUCTURES ON THE SAME PROPERTY AND ADJACENT PROPERTIES. THE OTHER IS K ON THE NEXT PAGE, WHICH SAYS THAT BUFFERING MATERIALS SHALL BE REVIEWED TO ENSURE THAT HEADLIGHTS OF VEHICLES, NOISE, AND LIGHT FROM STRUCTURES ARE ADEQUATELY SHIELDED FROM PUBLIC VIEW. BUT DOES THAT NOW GIVE US THE OPPORTUNITY TO SAY THAT WE DON'T THINK THAT THAT WAS PROPERLY ADDRESSED AT THE HEARING? SO YOU COULD, THE COMMISSION COULD MAKE A FINDING THAT, AND AGAIN, THIS IS THE COMMISSION'S DECISION, RIGHT? THE COMMISSION COULD MAKE A FINDING THAT, FOR INSTANCE, THE EVIDENCE DID NOT SUPPORT THE DRB'S DECISION AS TO THOSE CRITERIA, FOR EXAMPLE, IF THAT'S WHERE IT DID OR DID NOT SUPPORT. SO THE FACT THAT THE DRB ACTUALLY, I GUESS, WENT THERE, AND SO TO SPEAK, RIGHT? OR THEY... VOLUNTARILY DISCUSS NOISE, THEN THAT BRINGS, THEN WE CAN APPLY OUR DISCRETION AS FAR AS WAS IT APPLIED CORRECTLY OR INCORRECTLY, THEIR NOISE MITIGATION SUGGESTIONS TO THE APPLICANT. THEREFORE, WE NOW CAN TAKE INTO ACCOUNT NOISE. WELL, BUT NOT IN THE SENSE THAT YOU HAVE THE APPLICATION BEFORE YOU. IT'S MORE IN THE SENSE OF WAS THE BOARD'S DECISION SUPPORTED BY THE EVIDENCE AND DID THE BOARD FOLLOW THE CORRECT LAW? SO I HAVE A QUESTION BECAUSE IF NOW WE IF NOW WE CONSIDER NOISE NOISE IS NOT WITHIN THE REVIEW CRITERIA OF THE DRB CAN'T IS IT OR IS IT NOT WELL THE THE DRB THE CLOSEST THE DRB GETS TO NOISE BECAUSE THE DRB IS NOT REVIEWING USE THE CLOSEST THE DRB GETS TO NOISE IS IN REVIEWING WHERE THE STRUCTURES ARE IN THE PROPERTY AND AND BUFFERING OF THOSE STRUCTURES AND THE BOARD THAT THAT, I THINK, IS WHAT YOU'VE HEARD THE TESTIMONY FOR TODAY. AND THAT'S WHERE THE SITE DESIGN, THE SITE PLAN, WAS CONSIDERED BY THE DRB, YES OR NO? I’M ASKING THE ATTORNEY. OF COURSE. THERE'S 85 PAGES OF PLANS. AND BUFFERING. WAS BUFFERING CONSIDERED BY THE DRB? YES, AND THERE'S A SPECIFIC CONDITION IN THEIR ORDER THAT REQUIRES ADDITIONAL BUFFERING OF THE PADDLE COURTS. NOW, IF WE START TO CONSIDER THE AMOUNT OF NOISE. CREATED OUTSIDE OF THE DISCUSSION OF WHAT IS RELEVANT TO THE DRB, WOULDN'T THAT THEN EXPOSE US TO AN APPEAL OR CHALLENGE FROM THE OTHER PARTY WHERE NOISE IS BEING CONSIDERED OUTSIDE OF WHAT WAS ALLOWED UNDER THE AUTHORITY OF THE DRB? CORRECT. YEAH. YOU'RE NOT REVIEWING THE APPROVAL OF THE USE. YOU'RE NOT REVIEWING THE LEVELS OF NOISE. THAT COULD BE PRODUCED ON THE PROPERTY, YOU'RE ONLY LOOKING AT WHETHER, AGAIN, THE DRB FOLLOWED THE CORRECT LAW OR WAS SUPPORTED BY THE EVIDENCE. COMMISSIONER BOTT. SO THE DRB IS NOT SUPPOSED TO CONSIDER NOISE, BUT THEY DID CONSIDER NOISE IN CONTEXT OF THE SIGHTING, THE PROPER SIGHTING OF THE FOUR COURTS, RIGHT? THE LOCATION OF THE FOUR COURTS. THE LOCATION, RIGHT. YES, THE SIGHTING. SO AND THERE ARE MULTIPLE PAGES OF CONDITIONS FOR BUFFERING [05:55:02] TO TRY TO MITIGATE THE SOUND AND THE NOISE. SO THEY KNOW THAT THAT IS A THING, BUT THERE IS NO NOISE STUDY BECAUSE THEY COULD SAY YOU NEED X PRESCRIPTIVE MEASURES TO BUFFER THE SOUND. BUT IN FACT, THAT WOULD BUFFER A TENTH OF THE SOUND. THE NOISE AND BE VIRTUALLY USELESS. WE DON'T KNOW, NOBODY KNOWS BECAUSE NOBODY HAS THE NOISE DECIBEL LEVELS AND WHAT THE MITIGATING MEASURES MIGHT BE. GOING BACK TO THE GOOD TIME, WE HAD ALL THESE PROBLEMS AND THEN THEY PUT UP, THEY WENT, THEY TURNED IT UP TO 11, NO PUN INTENDED, BUT THEY TURNED IT UP TO 11 AND PUT IN THIS INCREDIBLE SOUND MITIGATION SYSTEM AND IT WAS REALLY GREAT WHEN IT WAS USED AS DESIGNED. BUT THEY DIDN'T DO THAT TO BEGIN WITH, AND SO IT REQUIRED MONTHS OF BACK AND FORTH. AND SO THIS IS, THE DRB TOOK NOISE INTO CONSIDERATION AS THEY DELIBERATED WHERE TO PUT THE COURTS AND TO PRESCRIBE MEASURES TO MITIGATE THE SOUND, BUT YOU DON'T KNOW WHAT THE SOUND IMPACT IS GOING TO BE. AND HAD YOU KNOWN, YOU MIGHT HAVE SAID, IF YOU WERE ON THE DRB, THAT IS TOO CLOSE OR THAT'S FINE, IT'S NOT GOING TO AFFECT. BUT NOBODY KNOWS, SO HOW ARE WE MAKING THESE PRESCRIPTIVE DECISIONS WITHOUT THAT INFORMATION? NICK, BEFORE YOU RESPOND, BUT ACCORDINGLY, DIDN'T YOU EVEN SAY, TAKE TRUE WHAT SHE JUST SAID AT FACE VALUE, DIDN'T YOU EVEN SAY THAT IT'S NOT AS IF WE CAN REJECT THIS OR ACCEPT THIS BECAUSE WE WOULD MAKE A DIFFERENT DECISION THAN THE DRB? THEY DIDN'T DO IT. WELL, THAT'S WHAT THEY'RE APPEALING, THAT THERE WASN'T ENOUGH CORRECT EVIDENCE TO MAKE THE RIGHT DECISION. IS THAT CORRECT? AND THAT'S AT LEAST WHAT I’M SAYING, OR ME AND COMMISSIONER BOTTER ARE SAYING, THAT THERE WASN'T ENOUGH CORRECT EVIDENCE TO MAKE A THOUGHTFUL DECISION FOR DISPLACEMENT. BECAUSE THEY WERE CONSIDERING IT. PER THE RECORDS HERE, IT SOUNDS LIKE THEY WERE TALKING ABOUT IT. AND SO... BUT NOT IN A MEANINGFUL ENOUGH WAY BECAUSE THEY DIDN'T HAVE ALL THE INFORMATION THEY NEEDED. AND IT CERTAINLY SOUNDS LIKE THE APPLICANT AT THE TIME WAS ENTERTAINING THAT DISCUSSION. AND I THINK THE TWO CRITERIA THAT RELATE TO WHAT COMMISSIONER BOTT AND COMMISSIONER SUAREZ ARE LOOKING AT ARE THOSE TWO THAT I HIGHLIGHTED ON THE ARRANGEMENT OF LAND USES AND BUFFERING OF STRUCTURES. SO IF YOU WERE TO MAKE A FINDING BASED ON... YOU KNOW, LET'S CALL IT NOISE, RIGHT? IF YOU WERE TO MAKE A FINDING BASED ON THE IMPACT OF THE COURTS ON THE NEIGHBORING PROPERTY OWNER, IT WOULD BE, YOU KNOW, IT WOULD BE AS TO THOSE CRITERIA. EXPLAIN THAT AGAIN. THIS IS THE COMMISSION'S CALL, RIGHT? AND SO... WHAT EXACTLY IS THE COMMISSION'S CALL? WHAT YOUR CALL IS TO DETERMINE WHETHER THE BOARD'S DECISION WAS SUPPORTED BY CONFIDENTIAL EVIDENCE. AND WHETHER THE BOARD FOLLOWED THE INTENTIONAL REMINDS LAW. OKAY, AND I THINK THAT'S WHAT WE'RE SAYING. WE DON'T THINK THAT THERE WAS ENOUGH COMPETENT, SUBSTANTIAL EVIDENCE FOR SOMETHING THAT THE BOARD TOOK UP AS A REVIEW. AT LEAST THAT'S WHAT I’M SAYING. AND THAT'S WHAT I THAT'S WHAT IT'S BECAUSE WHILE IT MIGHT NOT BE THEIR PURVIEW TO WEIGH IN ON NOISE, THEY WERE TAKING IT INTO CONSIDERATION TO DISCUSS THE CITING OF THE COURTS, WHICH IS RIGHT IN THEIR WHEELHOUSE, RIGHT? SO THEY MADE A DECISION BASED ON NOISE IMPACT WHERE THEY DIDN'T HAVE SUFFICIENT EVIDENCE TO MAKE A DIFFERENCE. THEY WEREN'T OPINING ON WHETHER OR NOT IT'S A PERMISSIBLE USE, BUT THEY MADE A DECISION ABOUT WHERE TO LOCATE THE COURTS ON THE PROPERTY BASED ON THE DISCUSSION THEY HAD ABOUT THE NOISE IMPACT AND IT SEEMS TO ME THAT WAS AN INCOMPLETE DISCUSSION BECAUSE THEY DIDN'T HAVE ACTUAL DATA. AND IF THEY HAD THEY NOT TAKEN THAT INTO CONSIDERATION MAYBE THE DECISION WOULD HAVE GONE ANOTHER WAY. RIGHT. SO IF THIS DECISION GETS VACATED, DOES IT JUST GO BACK TO DRB FOR THERE TO BE MORE CONVERSATIONS TO FIGURE OUT IF THERE'S A SOLUTION, OR WHAT HAPPENS? WELL, THE CODE ALLOWS YOU EITHER TO, IF THAT'S WHERE THE COMMISSION IS LEANING, THE CODE ALLOWS YOU TO EITHER REVERSE, REMAND, OR MODIFY. BASED ON THE DISCUSSION, AND I DON'T WANT TO SPEAK FOR EVERYBODY. I DON'T KNOW THAT EVERYONE'S HAD A CHANCE TO SPEAK ON THIS YET. IF YOU ARE SUGGESTING THAT THE BOARD CONSIDER ADDITIONAL INFORMATION, THAT MOTION WOULD BE A REMAND. AND WHAT ABOUT MODIFY? LIKE, IS THIS FOR JUST THESE FOUR PADDLE COURTS, OR IS IT FOR THE WHOLE PROJECT? NO, THE APPLICATION WAS FOR THE WHOLE PROJECT. AND SO IF WE WANTED TO MAKE A MOTION TO MODIFY THESE FOUR PADDLE COURTS AND LEAVE INTACT THE REST, WE CAN DO THAT? YOU COULD DO THAT, [06:00:01] YES. I MAKE A MOTION TO DO JUST THAT. AND THAT WOULD BE TO MODIFY THE COURTS TO, IN, HOW SPECIFICALLY TO MODIFY THE COURTS, BECAUSE WE'LL WANT, THE COMMISSION'S RESOLUTION SHOULD BE CLEAR AS TO WHAT THE MODIFICATION IS. WELL, I THINK CERTAINLY THAT THE LAGORSE GOLF CLUB CAN, AT THE VERY MINIMUM, START A DISCUSSION WITH THE PROPERTY OWNER, OKAY, AND HOPEFULLY COME TO SOME SORT OF RESOLUTION WHERE BOTH PARTIES ARE HAPPY. THEN I THINK THAT WOULD BE BETTER AS A MOTION TO REMAND, TO ALLOW THE DESIGN REVIEW BOARD, TO DIRECT THE DESIGN REVIEW BOARD TO... TO TAKE ANOTHER LOOK AT THE PARTICULARLY THE SIGHTING OF THE PADEL COURTS. AND HOW WOULD YOU ONLY HAVE A MOTION ON THE TABLE? ACTUALLY, I HAD A MOTION ON, ON THE TABLE THAT WAS SECONDED BY COMMISSIONER MAGAZINE. AND, AND, AND ON THAT MOTION, I JUST, YOU KNOW, WE ONLY HAVE, YOU KNOW, A PORTION HERE OF WHAT THE APPELLANT IS STATING FROM, FROM, FROM THE STAFF REPORT, BUT, BUT ALSO PART OF THE STAFF REPORT IS, IS SPECIFICALLY. THE THE CRITERIA AND AND PART OF THAT OF THAT CRITERIA BUFFERING MATERIALS SHALL BE REVIEWED TO ENSURE THE HEADLIGHTS OF VEHICLES NOISE AND LIGHT FROM STRUCTURES ARE ADEQUATELY SHIELDED FROM PUBLIC VIEW ADJACENT PROPERTIES AND PEDESTRIAN AREAS AND STAFF ACKNOWLEDGED THAT THAT WAS SATISFIED IS THAT CORRECT YES OKAY AND THEN AND THEN WHEN YOU WHEN YOU READ FURTHER BEYOND WHAT THE APPELLANT PROVIDED IS THAT EACH OF THE PROPOSED PEDEL COURSE SHALL BE ENCLOSED WITH SOLID PLEXIGLASS PANELS TO HELP CONTAIN THE NOISE TO THE NEIGHBORING PROPERTIES IN A MANNER TO BE REVIEWED AND APPROVED BY STAFF CONSISTENT WITH THE DRV CRITERIA AND OR THE DIRECTIONS FROM THE BOARD. THIS HAS BEEN CONSIDERED BY THE BOARD. AND AGAIN, I JUST WANT US TO BE CAREFUL. OF THE PRECEDENT THAT WE SET BECAUSE WE HAVE VERY LIMITED SCOPE HERE AND IT'S WHETHER WHETHER THE BOARD APPLIED ITS CRITERIAS CORRECTLY OR NOT WE MIGHT NOT LIKE THE OUTCOME OF IT OR AGREE WITH WITH WITH WITH WHAT'S GOING THERE BUT BUT THAT'S NOT WHAT WE'RE HERE TO DO WE'RE HERE TO DETERMINE DID THE DRB APPLY THE PROPER CRITERIAS. AND I BELIEVE THAT THEY DID, UNLESS THE ATTORNEYS TELL ME OTHERWISE. I JUST DON'T THINK THAT, I JUST, SURE, BUT THERE'S NO SOUND ENGINEER PRESENT TO SAY THAT A PLEXIGLASS IS GOING TO SOLVE THE PROBLEMS. YOU KNOW, I MEAN, STAFF TELLS US STUFF ALL THE TIME THAT ENDS UP BEING, YOU KNOW, WRONG AS FAR AS A SUGGESTION. YOU KNOW, I JUST... JUST RELYING ON WHAT STAFF SAYS, YOU KNOW, AS FAR AS WHAT IT THINKS IT CAN DO TO MITIGATE NOISE, I DON'T THINK IT'S SUFFICIENT. THAT'S THE RECORD WE HAVE TO ABIDE OURSELVES BY. BUT NO, BUT WE'RE ALSO HERE TO SAY, WAS THERE ENOUGH EVIDENCE TO JUDGE THAT OR TO MAKE THAT DECISION ON AN ACCURATE BASIS? I DON'T THINK SO. AND RESPECTFULLY, IF YOU THINK THAT THERE'S ENOUGH EVIDENCE, FINE. I GUESS THAT'S WHERE WE SORT OF DRAW THE LINE. YOU KNOW, MAYBE WE JUST NEED TO HAVE THE VOTES TO SEE WHERE THIS LANDS. AND IF I COULD, COMMISSIONER FERNANDEZ, THE SECOND PARAGRAPH THAT YOU READ, DOESN'T THAT ESSENTIALLY ADVISE OR IMPLY THAT STAFF WILL REVIEW THE SOUND CRITERIA BEFORE THE ISSUANCE OF AN ACTUAL PERMIT? YEAH. SO THERE'S STILL TIME TO, I DON'T THINK IT'S IN OUR PURVIEW, BUT THERE'S STILL TIME FOR THE APPELLANT TO WORK WITH THE GORSE. AND STAFF TO MITIGATE THE SOUND IN A PROPER MANNER, RIGHT? I DON'T THINK WE SHOULD BE, THIS IS JUST MY OPINION, BUT REJECTING OR ACCEPTING A PETITION BASED ON NOT HAVING ADEQUATE INFORMATION ON AN ISSUE THAT'S NOT EVEN IN THE PURVIEW OF THE BOARD. BUT THE PURVIEW OF THE BOARD IS THE SIGHTING OF THE COURTS. AND IN THE DISCUSSION OF THE SIGHTING OF THE COURTS, PART OF THE THINGS THEY WERE CONSIDERING WERE THE LIGHTS AND THE NOISE. AND SO IT MAY NOT BE THE PURVIEW OF THE BOARD TO TALK ABOUT SOUND IN AN ABSTRACT MANNER, IN AN INDEPENDENT, THIS IS WHY I’M NOT A LAWYER, [06:05:01] IN A STAND-ALONE MANNER, BUT IN CONTEXT OF... THE CITING OF THE LOCATION OF THE COURTS, THEY DID TALK ABOUT IT. AND THEY MADE A DECISION WITH, IN MY VIEW... THEY MADE A DECISION WITH INSUFFICIENT EVIDENCE TO INFORM THAT DECISION. THAT'S MY VIEW. AND SO I’M NOT SAYING, AGAIN, THAT LA COUR SHOULDN'T HAVE PADEL. I THINK IT'S GREAT, BUT I THINK IT NEEDS TO BE JUST DISCUSSED FURTHER. AND TO DO IT AT THE POINT WHERE THE PERMIT IS APPLIED FOR, I DON'T BELIEVE, AND CORRECT ME IF I’M WRONG, BUT I DON'T THINK THAT THE RESIDENT IS PART OF THAT CONVERSATION. AND I THINK THAT IT'S POSSIBLE THAT THE APPLICANT COULD SAY, YEAH, BUT DRB APPROVED IT JUST LIKE THIS, AND THEN SOMEHOW THINGS GET APPROVED. I DON'T KNOW. I DON'T HAVE INSIGHT INTO THAT PROCESS. I MEAN, I’M SURE IN THE IDEAL WORLD IT'S PERFECT, BUT WHO KNOWS WHO'S RUSHED AND WHO'S FEELING PRESSURE BECAUSE IT'S A BIG FANCY GOLF COURSE. I DON'T KNOW. BUT IT SEEMS TO ME THE PLACE TO FIX THIS. AND IT'S NOT PUNITIVE. THE PLACE TO FIX THIS IS AT THE VRB WHERE EVERYONE CAN TALK ABOUT IT TOGETHER, FIND SOMETHING THAT MAKES SENSE FOR EVERYBODY, AND THEN GO BUILD IT. AND WE ALL LIVE HAPPILY EVER AFTER. MADAM VICE MAYOR, MAY I OFFER ONE CLARIFICATION ABOUT THE STANDARD OF REVIEW? SO WHEN YOU'RE EVALUATING COMPETENT SUBSTANTIAL EVIDENCE, IT'S ANY COMPETENT SUBSTANTIAL EVIDENCE. IT'S NOT WHETHER ONE MORE THING WOULD HAVE. ALLOWED THE DRB TO MAKE AN EVEN BETTER INFORMED DECISION. IT'S WHETHER THE RECORD CONTAINS ANY COMPETENT SUBSTANTIAL EVIDENCE. RIGHT, AND THAT'S MY POINT. IT DOESN'T SEEM LIKE THERE WAS ANY ACTUAL DATA ABOUT NOISE WHEN THEY WERE DISCUSSING HOW TO CITE THE COURTS. IT WASN'T LIKE THERE WAS A HALF-ASSED SOUND STUDY OR SOMEBODY WHO SAID ANECDOTALLY, WELL, WHEN I PLAY, IT DOESN'T BOTHER ME. THAT DOESN'T SOUND LIKE THERE WAS ANY REAL DATA. THAT'S MY STICKING POINT ON THIS. PERHAPS NOT ENGINEER-CERTIFIED SIGN-SEAL DATA, BUT CERTAINLY THE DISCUSSION BELOW DID DISCUSS THE NOISE MITIGATION OF THE PED-EL COURTS. BUT WAS IT DISCUSSION BASED ON EMPIRICAL EVIDENCE? OR WAS IT DISCUSSION BASED ON ANECDOTAL, I DON'T THINK IT WILL, OR IT HASN'T, OR I NEVER HEARD ANYONE COMPLAIN, BECAUSE THAT DOESN'T HOLD MUSTER. I MEAN, LOOK, THAT'S HOW I FEEL. IF OTHER PEOPLE FEEL DIFFERENTLY... VOTE SIMPLY JUST DOESN'T MATTER. WITHIN THE LIMITED SCOPE THAT WE HAVE, I MEAN, CERTAINLY I FEEL LIKE THERE WAS NOT ENOUGH EVIDENCE AT THE DRB. IT SEEMS LIKE THERE WAS A NOTICE ISSUE WITH THE APPLICANT. I REMEMBER MY OWN PROBLEM, AND THIS IS WHY I’M IN GOVERNMENT NOW, IS BECAUSE OF ISSUES WITH NOTICING WHEN IT INVOLVED SHORT-TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS. OBVIOUSLY, THIS IS VERY DIFFERENT, BUT GIVEN THE FACTS AND GIVEN THE ISSUES THAT I SEE, I THINK THERE WASN'T ENOUGH NOTICING. THERE WASN'T ENOUGH NOTICE FOR THIS PARTICULAR PARTY TO SEE WHAT HAPPENED. I MEAN, HE'S ON THE RECORD SAYING HE DIDN'T GET NOTICE, WHICH IS, I THINK, A BIG PROBLEM. I DON'T THINK HAVING A RED SIGN ON A TRAFFIC LIGHT POST IS ENOUGH. AND SOME GOVERNMENT WEBSITE, CERTAINLY NO ONE'S GOING TO JUST RANDOMLY GO THERE TO CHECK ON NOTICE. AND THEN THE FACT THAT... THE DRB SPECIFICALLY TOOK THIS INTO CONSIDERATION, DIDN'T HAVE ENOUGH EVIDENCE IN MY OPINION, WARRANTS A REVIEW. NOW, I WAS ASKING, WHAT'S THE OPTIONS THAT WE HAVE? YOU SAID WE CAN APPROVE, WE CAN DENY, OR WE CAN MODIFY. EXPLAIN A LITTLE BIT MORE ABOUT THE MODIFICATION. YOU COULD VOTE TO AFFIRM, WHICH ONLY REQUIRES A MAJORITY VOTE. THERE IS A MOTION ON THE TABLE, COMMISSIONER. FERNANDEZ'S MOTION. WHAT DOES THAT MOTION MEAN? THE MOTION IS TO AFFIRM THE DECISION OF THE DRB. THAT'S A FOUR-SEVENTH VOTE. THAT'S A FOUR-SEVENTH VOTE. AND TO OPPOSE IT IS A FIVE-SEVENTH VOTE? TO REVERSE, MODIFY, OR REMAND, A FIVE-SEVENTH VOTE IS REQUIRED. WHAT IF, OKAY. SO A REVERSAL OR A MODIFICATION. GIVE ME EXAMPLES OF MODIFICATION. A MODIFICATION WOULD BE THAT, [06:10:02] YOU KNOW, TO, FOR EXAMPLE, RELOCATE A PARTICULAR STRUCTURE. LIKE, FOR EXAMPLE, FOUR PEDAL CORDS IN FRONT OF SOMEONE'S HOUSE. RIGHT. NOW, MY CONCERN WITH THAT IS THE COMMISSION WOULD NEED TO BE VERY CLEAR AS TO, YOU KNOW, WHAT THAT MODIFICATION IS. AND I THINK THAT REALLY IS MOST APPROPRIATE WHEN THE PARTIES HAVE REACHED SOME SORT OF COMPROMISE WHERE, YOU KNOW, WHERE THE COMMISSION'S RESOLUTION COULD BE SPECIFIC AS TO WHAT THE CHANGE IS. RIGHT. BECAUSE YOU'RE NOT SEEING NEW PLANS HERE. SO WOULD IT BE MORE APPROPRIATE TO DEFER THIS AND THEN HAVE THE PARTIES TALK TO EACH OTHER AND THEN COME BEFORE US? IN MAY. THAT'S AN OPTION IF THE COMMISSION WANTS IT. YOU DO HAVE A MOTION ON THE TABLE THOUGH IF YOU, YOU KNOW, I THINK THE... I'LL MAKE A MOTION TO DEFER. I'LL SECOND THAT MOTION. I’M FINE. I THINK... YOU GUYS HAVE ENOUGH OPPORTUNITY TO HOPEFULLY WORK SOMETHING OUT. I THINK THERE'S SOMETHING WRONG WITH HAVING NEIGHBORS COME TOGETHER AND TRY TO SOLVE THINGS. SO WE'LL GIVE THE MOTION TO DEFER. YES, I HAVE A MOTION BY COMMISSIONER... SUAREZ, SECONDED BY COMMISSIONER FERNANDEZ, TO DEFER THE ITEM ON THE DEFERRAL. WHEN THIS COMES BACK, IS THERE A REHEARING DUE TO THE PARTIES GET TO PRESENT AGAIN? IS THERE GUIDANCE ON HOW THAT WORKS? WELL, THE ORAL ARGUMENT HAS ALREADY OCCURRED. I THINK IT WOULD BE HELPFUL IF THE COMMISSION GAVE THE PARTIES DIRECTIONS TO WHAT YOU WOULD LIKE THEM TO DO BEFORE IT COMES BACK AND AND WHAT YOUR EXPECTATION IS UM BUT I DON'T THINK THERE WOULD BE A NEED FOR ANY YOU KNOW ANOTHER ORAL ARGUMENT THAT'S ALREADY ARE WE ALLOWED ANY EX PARTE COMMUNICATIONS UM THE CODE DOES NOT PROHIBIT EXPERT DAY COMMUNICATIONS WE OUR OFFICE HAS ALWAYS DISCOURAGED EXPERT COMMUNICATIONS THEY ARE ALLOWED AS LONG AS YOU DISCLOSE THEM GOT IT I HAVE A QUESTION THOUGH I DON'T UNDERSTAND WHAT A DEFERRAL GETS US RIGHT WE'RE EITHER UPHOLDING WE'RE NOT BASING THIS ON WHAT WE THINK SHOULD HAPPEN, RIGHT, OR WHERE THE COURT SHOULD BE, RIGHT? WE'RE SAYING DID THE DRB ACT PROPERLY OR NOT, NOT LIKE GUYS GO FIGURE THIS OUT TOGETHER. WHAT ARE WE DEFERRING IF WE'RE NOT GOING TO HEAR THE EXACT SAME ARGUMENT? WE'RE HOPING THAT THEY WORK SOMETHING OUT. BUT THAT'S NOT PART OF OUR THAT'S NOT WHAT WE'RE BEING OKAY, BUT WE'LL HAVE 30 MINUTES. WE'RE NOT LIKE A LEGISLATIVE BODY. WE'RE A QUASI-JUDICIAL BODY NOW. RIGHT. CORRECT. YOU'RE SITTING IN A QUASI JUDICIAL CAPACITY. WE'RE BASICALLY ACTING AS A JUDGE RIGHT NOW. CORRECT. RIGHT. THIS ISN'T SOME AMBIGUOUS WISHY WASHY FEEL GOOD GUYS, PLEASE COME AND COME TOGETHER HERE. AS MUCH AS WE MAY NOT WANT TO, WE'RE NOT WEARING OUR COMMISSIONER HATS. WE'RE WEARING QUASI JUDICIAL. THAT'S WHY IT WAS BEING SO MEASURED BECAUSE, YOU KNOW, WHAT'S GOING TO END UP HAPPENING IS THAT WE'RE GOING TO END UP WITH, I MEAN, I’VE JUST SEEN IT IN OTHER PLACES THAT I’VE WORKED AT, THAT ALL OF A SUDDEN WE ARE GOING TO END UP WITH. A HUGE DOCKET OF APPEALS SO THAT WE GIVE PEOPLE THE OPPORTUNITY THEN TO GO BACK AND FIGURE IT OUT BETWEEN THE PARTIES, THAT WE REOPEN THE FILES THAT HAVE BEEN DECIDED UPON, AND THAT IT ENDS UP IN THAT POSTURE. SO WE JUST HAVE TO BE MINDFUL, AGAIN, OF THE PRECEDENT THAT WE'RE SETTING HERE. BUT JUDGES ALWAYS GIVE TIME FOR MEDIATION, AND THIS IS NOTHING NEW IN A COURT OF LAW. I MEAN, WE JUST TALKED ABOUT WHAT WE'RE ACTING IN A QUASI-JUDICIAL CAPACITY, BUT WE'RE NOT A COURT AND WE'RE NOT A COURT WITH SEVERAL DOZEN JUDGES IN COURTROOMS. WE ARE WE'RE ACTING IN A QUASI-JUDICIAL CAPACITY, MEANING THAT WE'RE COMING FREE OF JUDGMENT. THAT'S THAT'S TO THE EXTENT IN WHICH WE'RE ACTING AS JUDGES HERE. WE'RE COMING FREE OF JUDGMENT TO GET TO TO GIVE EACH SIDE A FAIR, A FAIR, FAIR HEARING. SO THAT'S THE ONLY THING I JUST WANT TO SAY. TO BE MINDFUL OF BECAUSE MORE AND MORE, IF WE DO THIS MORE AND MORE, WE'RE GOING TO END UP WITH A DOCKET OF THESE THINGS, AND IT WILL GET TO THE POINT THAT WE PROBABLY SHOULD MAKE SOME OF THESE BOARDS ADVISORY TO THE COMMISSION BECAUSE WE'RE GOING TO OPEN UP THAT DOOR. AND TO THAT POINT, COMMISSIONER, I ACTUALLY HAVE AN ITEM TRAVELING THROUGH LEGISLATION TO REMOVE IT OUT OF OUR HANDS AND SEND IT TO CIRCUIT COURT. I THINK, HONESTLY, THAT'S PROBABLY A MUCH BETTER... PLACE FOR THIS. BUT LOOK, I THINK AT THE MEANTIME, I THINK GIVING A MONTH TO HOPEFULLY WORK SOMETHING OUT WITH THEM, THEY COME BACK BEFORE US AND THEN, YOU KNOW, THERE'S NOT GOING TO BE A, THERE'S NOT GOING TO BE THAT MUCH TIME LOST. IT'LL BE SIMPLE. YES, NO VOTE. LET ME POSE A HYPOTHETICAL. LET'S SAY THEY DON'T WORK SOMETHING OUT. [06:15:01] DO WE JUST COME BACK AND SAY, OH, OKAY, JUST KIDDING. LIKE, WE HAVE ENOUGH EVIDENCE TO RULE ON THIS NOW. YEAH, I DON'T THINK THEY'RE GOING TO WORK ANYTHING OUT AT ALL. I THINK WE MIGHT AS WELL JUST TAKE THE VOTES NOW. I MEAN, I DON'T THINK THE GOLF COURSE HAS ANY MOTIVATION TO WORK WITH THE NEIGHBORS, AND THEY ALREADY HAVE THEIR RULING. I DON'T THINK THAT THERE'S GOING TO BE ANY TYPE OF AGREEMENT IN A MONTH. MY ADVICE, OUR BEST BET IS TO WORK WITH STAFF BEFORE A PERMIT IS ISSUED AND TRY AND WORK WITH THE GOLF COURSE FOR SOME OF THAT. IT'S JUST WHAT OUR TASK AT HAND IS HERE. THIS ISN'T ABOUT WHAT I WANT TO HAPPEN. JOE RESIDENT AND JOE COMMISSIONER WANTS TO SEE THESE TWO PARTIES COME AND STRIKE AN AGREEMENT. AND I WOULD GIVE ALL THE TIME IN THE WORLD FOR THAT TO HAPPEN. BUT WE'RE NOT WEARING OUR JOE COMMISSIONER HAT, RIGHT? THIS IS LOOKING AT THE EVIDENCE IN FRONT OF US AND SAYING, DO WE UPHOLD THE DECISION THAT DRB MADE FOR THIS VERY STRICT SET OF CRITERIA, RIGHT? NOT, HEY, WE WANT THIS TO END WHERE EVERYBODY'S HAPPY. PLEASE GO NEGOTIATE, RIGHT? IF WE SIT HERE AND DEFER IT AND YOU DON'T COME BACK WITH AN AGREEMENT, WE JUST HEAR EXACTLY WHAT WE JUST HEARD AND WE ROLL AND SAY. OKAY, YES, WE UPHOLD THIS OR NO WE DO NOT RIGHT WE'RE JUST RULING ON THE EVIDENCE THAT WE HAVE AT HAND OF DID THE DRB ACT PROPERLY. LET ME LET ME ASK A QUESTION MISS IF I CAN ASK MR. BROOKS A QUESTION IF WE WERE TO DEFER THIS WHAT WOULD BE YOUR HOPES OF A MIDDLE GROUND BETWEEN YOUR CLIENTS AND THE APPLICANTS? IF WE WERE TO DEFER THIS, WE WOULD GO TO THE APPLICANT WITH THE DECIBEL READINGS THAT PADDLE RESULTS IN. THERE'S A RANGE, AND WE'LL SHOW THEM THAT RANGE. WE'LL SHOW THEM THE 20 FEET, AND WE'LL SHOW THEM WE CAN HEAR IT AT SO MANY DECIBELS AT OUR HOUSE. WE'LL ASK THEM TO MOVE THE PADDLE BALL COURTS. BUT MY QUESTION WAS TO YOU. THERE'S ONE GIANT GOLF COURSE THERE TO MOVE THESE PADDLE BALL COURTS AWAY FROM THAT. MR. BROOKS, YOU'RE OUR GOVERNMENT ATTORNEY. I’M A MUNICIPAL ATTORNEY. SO YOU UNDERSTAND THAT I’M ASKING YOU THE RIGHT QUESTION. I’M SORRY, SAY THE QUESTION AGAIN. AND SO MY QUESTION TO YOU RESPECTFULLY WAS, IF WE GIVE THE APPELLANTS AN OPPORTUNITY TO GO AND NEGOTIATE WITH THE APPLICANT, WHAT WOULD BE THE DESIRED OUTCOME? WHAT WOULD BE IN A PERFECT SITUATION THE DESIRED OUTCOME? CAN I ASK, CAN I ANSWER TWO WAYS, PROCEDURALLY AND SUBSTANTIVELY? WE WOULD ASK FOR MEDIATION WITH A MEDIATOR. THE RESULT THAT COME OUT WOULD BE A MEDIATED RESULT WE BOTH LIVE WITH WHERE NO ONE'S COMPLETELY HAPPY. IF IT WAS WITHOUT MEDIATION, WE WOULD ASK THEM TO MOVE THE PADDLE COURTS AWAY FROM THIS LOCATION SOMEWHERE ELSE ON THEIR VAST GOLF COURSE PROPERTY, WHICH IS HUNDREDS OF ACRES SOMEWHERE ELSE. SO THAT'S NOT AN ISSUE WITH THE AMOUNT OF FEE, BECAUSE FROM READING THIS YOU HAD AN ISSUE WITH THE DISTANCE, YOU KNOW, HOW SETBACK IT WAS, WHETHER THE SETBACK WAS SUFFICIENT OR NOT. WE'RE JUST TALKING DISTANCE AND 20 FEET IS INSUFFICIENT AND WE WANT MORE. HOW MUCH MORE, I DON'T KNOW. BUT WHAT YOU'RE SAYING IS THAT YOUR DESIRED OUTCOME FROM A DEFERRAL WOULD BE NOT FOR THEM TO SET IT BACK MORE, IS FOR THEM TO NOW GET THIS AND PUT THIS IN ANOTHER LOCATION. ON THE SITE. IF IT'S GOING TO BE A SETBACK DISTANCE, WE WOULD TAKE THE DECIBELS AND MOVE, KEEP MOVING IT BACK WITH THE NOISE MODEL AND FIND OUT WHERE THAT NOISE MODEL DROPS THE DECIBELS DOWN TO WHERE WE CAN'T HEAR IT FROM OUR BACKYARD OR FROM OUR HOUSE OR OUR BEDROOM. AND SO I JUST DON'T SEE HOW DEFERRALS, I DON'T SEE HOW THIS HURTS ANYONE. WHAT DO WE GOT TO LOSE? WELL, PROCESS. THERE'S PROCESS TO BE RESPECTED. AND, YOU KNOW, WAS THERE A REASONABLE EVIDENTIARY BASIS FOR THE BOARD TO COME TO ITS CONCLUSION? RIGHT. AND TO PUT A FINER POINT ON THAT. AND DID THAT EXIST? THE EVIDENTIARY QUESTION IS, WAS THERE COMPETENT, SUBSTANTIAL EVIDENCE TO SUPPORT THE BOARD'S FINDING THAT THE... THAT THE VARIOUS CRITERIA WERE SATISFIED. ARE YOU WILLING TO GIVE YOUR OPINION IF THOSE THREE THINGS ARE MET? WELL, I’M HERE AS THE COMMISSION'S COUNSEL, RIGHT, ON PROCEDURE AND ON THE STANDARD OF REVIEW. I’M IN AN UNUSUAL POSITION TODAY. YOU'RE MORE WELL-VERSED IN THIS. MR. ALEXANDER FROM MY OFFICE IS REPRESENTING THE POSITION THAT STAFF TOOK TO THE BOARD AND THAT THE BOARD ACCEPTED. SO YOUR LEGAL OPINION IS THAT [06:20:01] ALL THREE OF THESE CRITERIA THAT NEED TO BE MET HAVE BEEN MET? YES, YES. WE ARE ASKING TO AFFIRM THE ORDER. THAT'S YOUR LEGAL OPINION? YES. YOU DON'T REPRESENT LAGORCE? YOU DON'T REPRESENT... I REPRESENT THE DESIGN REVIEW BOARD. AND WHAT IS YOUR... INTERPRETATION IF THAT IS MET BECAUSE YES HE REPRESENTS THE DESIGN REVIEW BOARD YOU DO NOT YOU'RE OUR LIAISON RIGHT SO I I CAN TELL YOU JUST JUST YOU KNOW HAVING HAVING HANDLED THESE CASES IN THE PAST THAT THE THE STANDARD OF REVIEW AS TO THE EVIDENCE IS GENERALLY IT'S VERY DEFERENTIAL TO THE DECISION OF OUR LAND USE BOARDS THE THE COURTS LOOK AT WHETHER THE BOARD'S DECISIONS WERE SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCE AT ALL. IT'S NOT THE COMMISSION'S ROLE HERE TO REWEIGH THE EVIDENCE THAT WAS PRESENTED TO THE BOARD, BUT RATHER TO DETERMINE WHETHER THERE WAS ANY EVIDENCE IN THE RECORD AT ALL THAT WAS COMPETENT AND SUBSTANTIAL. SINCE THE FOCUS OF THE DISCUSSION HAS BEEN ABOUT THE LOCATION OF THE PATEL COURTS, I’VE POINTED YOU TO A COUPLE OF THE CRITERIA THAT THE BOARD CONSIDERED AND FOUND WERE SATISFIED. AND THERE'S... THERE'S ANALYSIS IN THE STAFF REPORT THAT WAS PRESENTED TO THE DRB. THAT'S PART OF THE RECORD THAT SUPPORTED THE DRB'S DECISION. AND WHAT IS YOUR THOUGHT IF, AFTER HEARING THIS EVIDENCE AND ANALYSIS, I’M CONFIDENT THAT THE DRB'S DECISION SHOULD BE UPHELD? HOWEVER, IN GOOD FAITH, PERHAPS THE TWO PARTIES... COULD FIND SOMETHING MUTUALLY AGREEABLE IN THE NEXT MONTH. DOES OUR SUPPORT OF SOME SORT OF, I DON'T EVEN WANT TO SAY DEFERRAL, BUT JUST ALLOWING THEM ONE MORE MONTH BEFORE WE HEAR THIS AGAIN, DOES THAT GIVE ANY INDICATION? CAN I SAY YES, I WILL VOTE TO UPHOLD THIS. BUT IF YOU WANT ANOTHER MONTH TO GO AND DISCUSS, WE HAVEN'T EVEN ASKED THE PETITIONER IF HE WOULD EVEN BE INTERESTED IN THAT. I THINK THAT THAT MIGHT MAKE SENSE IF THE PARTIES BOTH IF COUNSEL TO THE PARTIES BOTH EXPRESS THAT THEY WOULD LIKE THAT OPPORTUNITY BEFORE. BUT I THINK OTHERWISE, IF EACH OF YOU SORT OF KNOW WHERE YOU'RE LEANING, IT MIGHT BE WORTHWHILE TO TAKE A VOTE ON THE MERITS. AND THEN WHOEVER IS AGREED BY THAT DECISION CAN SEEK REVIEW OF THAT. SO I'LL LAY IT ON THE TABLE. I’M GOING TO VOTE TO UPHOLD THE DRB'S ORDER IF THE TWO PARTIES WANT TO SIT HERE AND SAY, WE WOULD LIKE ANOTHER FEW WEEKS TO DISCUSS, I’M FINE TO VOTE ON THIS IN ANOTHER MONTH. IF THE TWO PARTIES WOULD EVEN GO ABOVE AND BEYOND AND SAY, YOU KNOW WHAT, TAKE YOUR VOTE ABOUT WHETHER THE DRB ORDER SHOULD BE UPHELD OR NOT, REGARDLESS OF WHAT THAT OUTCOME IS, AS NEIGHBORS AND GOOD PARTNERS, WE'RE STILL GOING TO DISCUSS IF THERE'S SOMETHING MUTUALLY AGREEABLE, THAT'D BE GREAT AS WELL. BUT THAT'S WHERE I’M AT. I WILL BOTH UPHOLD THIS, WHETHER IT BE AT THIS MEETING OR THE ONE IN ANOTHER MONTH, ABSENT ANY NEW INFORMATION. SO SO SO SO MY QUESTION IS, IF WE DO WHAT COMMISSIONER SUAREZ IS SUGGESTING, DOES THAT TAKE US OUT OF THIS? APPELLATE FRAMEWORK, YOU KNOW, WHAT WE'RE CONSIDERING AN APPEAL. DOES IT DOES IT PUT US NOW IN THIS BARGAINING IN A BARGAINING POSITION? DOES IT EXPOSE US IN ANY WAY? I THINK YOU WOULD ONLY DO THAT IF YOU WANTED TO GIVE THE PARTIES A CHANCE TO WORK SOMETHING OUT AND THEN IDEALLY THE PARTIES WOULD COME BEFORE YOU WITH AN AGREED, BUT HERE WE ARE SO WE KNOW ONE PARTY IS WILLING TO NEGOTIATE IT SEEMS TO ME THAT ONE PARTY WOULD MIGHT BE INCLINED TO NEGOTIATE. DO WE KNOW IF THE OTHER PARTY? IS WILLING TO NEGOTIATE. WE SHOULD ASK MR. PENN, WHO'S BEEN VERY QUIET DURING THIS. I MEAN, THE BOTTOM LINE IS THERE IS NO BASIS FOR THIS APPEAL, LEGAL BASIS FOR THIS APPEAL. OBVIOUSLY, WE ARE COMMITTED TO CONTINUING TO WORK WITH MR. GUNDANG, BUT THERE IS NO REASON TO NOT UPHOLD THE DRB'S DECISION. SO DO YOU VOLUNTARILY AGREE, THOUGH? DO YOU AS A REPRESENTATIVE OF THE APPLICANT? VOLUNTARILY AGREE ON YOUR WITHOUT THIS BOARD YOU KNOW BEING THE ONES THAT YOU HAVE TO I JUST I WANT TO KNOW JUST JUST JUST FOR MY OWN YOU KNOW PROCESS HERE ARE YOU VOLUNTARILY WILLING TO SIT DOWN WITH YOUR NEIGHBOR IN TRYING TO IN A NEIGHBORLY WAY RESOLVE THIS THIS MATTER YES SO I THINK WE SHOULD TAKE A [06:25:02] VOTE ON THIS. WAIT, BUT THERE'S NO LEVERAGE. THERE'S NO THERE'S YOU CAN'T GO TO A NEGOTIATION KNOWING THAT THE DECK, THE DECK IS STACKED. I MEAN, THAT'S RIDICULOUS. IT'S JUST THAT. LOOK, IF YOU'RE WILLING, IF LAGORSE. OKAY, IS WILLING TO COME TO THE TABLE AND TALK TO THE AFFECTED PROPERTY OWNER, THEN DO THAT. AND THEN COME BACK TO US AND THEN WE'LL VOTE AS IT IS. BUT I DON'T THINK WE SHOULD BE GIVING AWAY OUR VOTES NOW. THAT KIND OF JUST KIND OF DILUTES THEIR NEGOTIATING POWER. BUT THIS ISN'T ABOUT GIVING THEM NEGOTIATING POWER. I UNDERSTAND THAT. THIS IS ABOUT EVIDENCE, JUST YES OR NO, BLACK AND WHITE, RIGHT? MR. GUNDAY WILL HAVE THE OPPORTUNITY TO FILE A LAWSUIT IF THIS... COMMISSION UPHOLDS THE BRDB DECISION, WHICH IS WHAT THE NORMAL COURSE OF EVENTS AND IN THAT PROCESS OBVIOUSLY THAT'S WHERE ANOTHER OPPORTUNITY FOR NEGOTIATION AND ON OUR GOAL IS TO AVOID LAWSUITS. I MEAN EVERYTHING THAT WE DO WE TRY TO BE CONSERVATIVE WHEN IT COMES TO THAT IF WE CAN HAVE 30 DAYS FOR YOU GUYS TO COME TO AN AGREEMENT THAT THAT'S BENEFICIAL FOR EVERYONE I DON'T SEE WHAT THE BIG DEAL ABOUT THAT IS I FOR ONE DON'T THINK THERE WAS ENOUGH EVIDENCE IN THE CASE. I’M ALONE I’M JUST ONE VOTE, BUT I THINK WE CAN ALL AGREE THAT GIVING A MONTH FOR THERE TO BE A, YOU KNOW, HOPEFULLY A GOOD OUTCOME FOR EVERYONE, I DON'T KNOW WHY YOU'RE PRANCING AROUND, GRAHAM. I’M JUST TRYING TO TALK TO YOU AND GIVE ME YOUR BACK. I APOLOGIZE, AND I APOLOGIZE FOR PRANCING AS WELL. I UNDERSTAND WHAT YOU'RE SAYING. LOOK, I THINK AS FAR AS WE'RE CONCERNED... THERE'S A SET OF LEGAL REQUIREMENTS FOR THIS APPEAL THAT CLEARLY HAVE NOT BEEN MET NOW. AND IF YOU'RE TALKING ABOUT LEVERAGE, TO BE CANDID, THEY'RE JUST HANDING IN THE LEVERAGE. MAYBE LEVERAGE IS THE BAD WORD. I THINK JUST IN GOOD FAITH. THE DECISION IS SORT OF UNKNOWN. AND SO WHEN YOU GUYS TALK, YOU'RE TALKING IN GOOD FAITH. NOT WHEN, HEY, WE DON'T REALLY AGREE WITH THIS. WE HAVE THE VOTES ANYWAY. YOU KNOW, WE DON'T, MEETING, WE'RE JUST MEETING WITH YOU BECAUSE IT'S A FORMALITY. I DON'T WANT THAT TO HAPPEN. SO LOOK, THERE'S A VOTE FOR A DEFERRAL AND A SECOND. I'D LIKE TO JUST, WE DON'T NEED TO WASTE ANY MORE TIME ON THIS. CAN I JUST CALL A VOTE? SO THIS IS TO DEFER TO THE COMMISSION MEETING OF MAY 20TH. I HAVE A MOTION BY COMMISSIONER SUAREZ, SECONDED BY COMMISSIONER FERNANDEZ. ALL IN FAVOR OF DEFERRING THIS ITEM TO MAY 20TH, PLEASE SAY AYE. AYE. ANYONE OPPOSED? NO, I’M OPPOSED. SO I HAVE ONE NO FROM COMMISSIONER SALINAS, AND ONE NO FROM COMMISSIONER MAGAZINE, AND ONE FROM COMMISSIONER BONTZ. MOTION PASSES 4-3. THE ITEM IS DEFERRED TO MAY 20TH. WE'LL SEE WHAT WE CAN DO. SEE YOU NEXT MONTH. CAN I JUST, I ASSUME ON MAY 20TH, WE'RE NOT GOING TO GO THROUGH ALL THE PRESENTATIONS AGAIN. WE'RE JUST GOING TO FIND OUT AN UPDATE. THAT'S CORRECT. AND MY RECOMMENDATION TO THE COMMISSIONER WOULD BE IF THERE IS NO AGREEMENT BETWEEN THE PARTIES TO TAKE A VOTE ON THE MERITS AND THEN WHOEVER IS AGREED BY THAT CAN SEEK REVIEW. IT'LL BE A PRETTY QUICK. WE TOOK OBVIOUSLY A LOT OF TIME. WE HOPE WE WON'T NEED A HEARING [R5 AH AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI BEACH CITY CODE, ENTITLED "PERSONNEL," BY AMENDING ARTICLE V, ENTITLED “CLASSIFIED EMPLOYEES’ LEAVE,” BY AMENDING SECTION 78-282 ENTITLED “DEFINITIONS” CLARIFYING THE DEFINITION OF “IMMEDIATE FAMILY” BY ELIMINATING DUPLICATIVE LANGUAGE; BY AMENDING SECTION 78-285 TO ALLOW SERVICE MEMBERS TO CASH OUT ON HOURS ACCRUED IN EXCESS OF THE CARRY-FORWARD CAP OTHERWISE FORFEITED AS A RESULT OF ACTIVE MILITARY DUTY; BY AMENDING SECTION 78-286 TO INCREASE THE CAP ON THE MAXIMUM AMOUNT OF ANNUAL LEAVE HOURS THAT MAY BE ACCRUED FROM 500 HOURS TO 600 HOURS RETROACTIVE TO DECEMBER 31, 2025; BY AMENDING SECTION 78-290 SUBJECTING PAID HOLIDAYS TO COLLECTIVE BARGAINING PROVISIONS GOVERNING HOLIDAY PAY, IF APPLICABLE; BY AMENDING SECTION 78-292 TO AUTHORIZE TRANSFER OF PART OR ALL ACCRUED LEAVE TO AN EMPLOYEE’S 457(B) ACCOUNT UPON RETIREMENT, RESIGNATION, TERMINATION OR DEATH AND AUTHORIZE THE USE OF ACCRUED LEAVE TO BE USED TO EXTINGUISH A DEBT OWED TO THE CITY SUCH AS REIMBURSEMENT OF OVERPAYMENTS THROUGH PAYROLL OR UNPAID INSURANCE PREMIUMS; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND FURTHER, PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.] [R5 AI AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI BEACH CITY CODE, ENTITLED "PERSONNEL," BY AMENDING ARTICLE IV, ENTITLED “UNCLASSIFIED EMPLOYEES’ LEAVE,” BY AMENDING SECTION 78-181 ENTITLED “DEFINITIONS” CLARIFYING THE DEFINITION OF “IMMEDIATE FAMILY” BY ELIMINATING DUPLICATIVE LANGUAGE; BY AMENDING SECTION 78-182 TO ALLOW SERVICE MEMBERS TO CASH OUT ON HOURS ACCRUED IN EXCESS OF THE CARRY-FORWARD CAP OTHERWISE FORFEITED AS A RESULT OF ACTIVE MILITARY DUTY; BY AMENDING SECTION 78-183 TO INCREASE THE CAP ON THE MAXIMUM AMOUNT OF ANNUAL LEAVE HOURS THAT MAY BE ACCRUED FROM 500 HOURS TO 600 HOURS RETROACTIVE TO DECEMBER 31, 2025; BY AMENDING SECTION 78-189 TO AUTHORIZE TRANSFER OF PART OR ALL ACCRUED LEAVE TO AN EMPLOYEE’S 457(B) ACCOUNT UPON RETIREMENT, RESIGNATION, TERMINATION OR DEATH AND AUTHORIZE THE USE OF ACCRUED LEAVE TO BE USED TO EXTINGUISH A DEBT OWED TO THE CITY SUCH AS REIMBURSEMENT OF OVERPAYMENTS THROUGH PAYROLL OR UNPAID INSURANCE PREMIUMS; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND FURTHER, PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.] [R5 AJ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH EMPLOYEES’ RETIREMENT PLAN CREATED BY ORDINANCE NO. 2006-3504, AS SUBSEQUENTLY AMENDED, BY AMENDING SECTIONS 2, 3, 4 AND 5 TO CORRECT ERRORS IN INTERNAL CROSS-REFERENCING; TO INCREASE THE DROP PARTICIPATION PERIOD FOR MEMBERS IN THE AFSCME BARGAINING UNIT FROM FIVE TO EIGHT YEARS; TO ALLOW FOR THE REEMPLOYMENT OF RETIREES AFTER A PERIOD OF SEPARATION OF AT LEAST SIX MONTHS, CONTINUED RECEIPT OF A RETIREMENT ALLOWANCE DURING EMPLOYMENT, AND FOREGOING ELIGIBILITY TO REJOIN THE PLAN; AND BY CREATING A NEW SECTION 16 OF THE PLAN TO ALLOW EMPLOYEES PARTICIPATING IN THE DEFINED CONTRIBUTION SYSTEM TO JOIN THE PLAN AND VEST IN THE CURRENT SCHEDULE OF BENEFITS AFTER FIVE YEARS OF CREDITABLE SERVICE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE.] [R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING AND PRESENTATION OF A FRINGE BENEFITS ANALYSIS IN ACCORDANCE WITH SECTION 5.04 OF THE CITY CHARTER, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (“AFSCME”), LOCAL 1554, FOR THE PERIOD FROM MAY 1, 2025 THROUGH APRIL 30, 2028 (“LABOR AGREEMENT”); AMENDING THE PAY PLAN TO PROVIDE ACROSS THE BOARD COST-OF-LIVING ADJUSTMENTS FOR ALL BARGAINING UNIT POSITIONS AS PROVIDED HEREIN; AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LABOR AGREEMENT.] [R7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING AND PRESENTATION OF A FRINGE BENEFITS ANALYSIS IN ACCORDANCE WITH SECTION 5.04 OF THE CITY CHARTER, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE COMMUNICATIONS WORKERS OF AMERICA (“CWA”), LOCAL 3178, FOR THE PERIOD FROM OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2027 (“LABOR AGREEMENT”); AMENDING THE PAY PLAN TO PROVIDE INCREASES TO THE MINIMUM AND MAXIMUM BASE PAY AMOUNTS FOR CERTAIN POSITIONS IN ADDITION TO ACROSS THE BOARD COST-OF-LIVING ADJUSTMENTS FOR ALL BARGAINING UNIT POSITIONS AS PROVIDED HEREIN; AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LABOR AGREEMENT.] ON THIS ONE. THANK YOU. THANK YOU. THANK YOU. HE'S GOT PLENTY OF HOURS. IT'S A PLEASURE. ARE YOU MAKING FUN OF LAWYERS? IT'S FAIR. I DO TOO SOMETIMES. OKAY. R5-AH. THERE'S A NUMBER OF ITEMS THAT ARE KIND OF RELATED. WANT ME TO READ THEM ALL? SURE. OKAY. SO I’M GOING TO READ R5-AH, AI, AJ. I’M ALSO GOING TO INCLUDE R7-A AND R7-W. IF WE COULD DO EVERYTHING RIGHT NOW UNDER R5-AH. SO R5-AH IS... IN ORDINANCE OF THE MAYOR AND CITY COMMISSIONER OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI BEACH CITY CODE ENTITLED PERSONNEL. THE AMENDING ARTICLE 5 ENTITLED CLASSIFIED EMPLOYEES LEAVE. BY AMENDING SECTION 78-282 ENTITLED DEFINITIONS. CLARIFYING THE DEFINITION OF IMMEDIATE FAMILY BY ELIMINATING DUPLICATIVE LANGUAGE BY AMENDING SECTION 78-285 TO ALLOW SERVICE MEMBERS TO CASH OUT ON HOURS ACCRUED IN EXCESS OF THE CARRY FORWARD CAP, OTHERWISE FORFEITED AS A RESULT OF ACTIVE MILITARY DUTY. BY AMENDING SECTION 78-286 TO INCREASE THE CAP ON THE MAXIMUM AMOUNT OF ANNUAL LEAVE HOURS THAT MAY BE ACCRUED FROM 500 TO 600 HOURS RETROACTIVE TO DECEMBER 31, 2025. BY AMENDING SECTION 78-290 SUBJECTING PAID HOLIDAYS TO COLLECTIVE BARGAINING PROVISIONS. THEY PAY IF APPLICABLE MANY SECTION 78-292 TO AUTHORIZE TRANSFER [06:30:01] OF PART OR ALL OF A CRUDE LEAVE TO AN EMPLOYEE'S 457 B ACCOUNT UPON RETIREMENT RESIGNATION TERMINATION OR DEATH AND AUTHORIZED THE USE OF A CRUDE LEAVE TO BE USED TO EXTINGUISH A DEBT OWED TO THE CITY SUCH AS REIMBURSEMENT OF OVERPAYMENTS TO PAYROLL OR UNPAID INSURANCE PREMIUM REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND FURTHER PROVIDING FOR SEVERABILITY APPLICATION AND AN EFFECTIVE DATE. THAT'S R5-8H. IT IS A FIRST READING PUBLIC HEARING. THE NEXT ITEM IS R5AI. IT IS AN ORDINANCE OF THE MAYOR, CITY COMMISSIONER OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI BEACH CITY CODE, ENTITLED PERSONNEL, BY AMENDING ARTICLE 4, ENTITLED UNCLASSIFIED EMPLOYEE LEAVE, BY AMENDING SECTION 78-181, ENTITLED DEFINITIONS, CLARIFYING THE DEFINITION OF IMMEDIATE FAMILY, BY ELIMINATING DUPLICATIVE LANGUAGE, BY AMENDING SECTION 78-182, TO ALLOW SERVICE MEMBERS TO CASH OUT ON HOURS ACCRUED IN EXCESS OF THE CARRY-FORWARD CAP. OTHERWISE FORFEITED AS A RESULT OF THE ACTIVE MILITARY DUTY BY AMENDING SECTION 78-183 TO INCREASE THE CAPITAL MAXIMUM AMOUNT OF ANNUAL LEAVE HOURS THAT MAY BE ACCRUED FROM 500 TO 600 HOURS RETROACTIVE TO DECEMBER 31ST 2025 BY AMENDING SECTION 78-189 TO AUTHORIZE THE TRANSFER OR PART ALL ACCRUED LEAVE WHEN 0 EMPLOYEES 457B ACCOUNT UPON RETIREMENT, RESIGNATION, TERMINATION, OR DEATH AND AUTHORIZE THE USE OF ACCRUED LEAVE TO BE USED TO EXTINGUISH A DEBT OWED TO THE CITY SUCH AS REIMBURSEMENT OVER PAYMENTS THROUGH PAYROLL OR UNPAID INSURANCE PREMIUM, REPEALING ORDINANCES IN CONFLICT WITH THIS ORDINANCE, AND FURTHER PROVIDING FOR SEVERABILITY, QUALIFICATION, AND EFFECTIVE DATE. THAT WAS R5AI. THAT'S A FIRST READING PUBLIC HEARING. THE NEXT ITEM IS R5AJ. THERE'S AN ORDINANCE OF THE MAYOR, CITY COMMISSIONER OF THE CITY OF MIAMI BEACH, FOR AMENDING THE MIAMI BEACH EMPLOYEES RETIREMENT PLAN CREATED BY ORDINANCE NUMBER 2006, TEST 3504. SUBSEQUENTLY AMENDED BY AMENDING SECTIONS TWO, THREE, FOUR, AND FIVE TO CORRECT ERRORS IN THE INTERNAL CROSS-REFERENCING. TO INCREASE THE JOB PARTICIPATION PERIOD FOR MEMBERS IN THE AFSCME BARGAINING UNIT FROM FIVE TO EIGHT YEARS TO ALLOW FOR THE RE-EMPLOYMENT OF RETIREES AFTER A PERIOD OF SEPARATION OF AT LEAST SIX MONTHS CONTINUED RECEIPT OF A RETIREMENT ALLOWANCE DURING EMPLOYMENT. AND FOREGOING ELIGIBILITY TO REJOIN THE PLAN AND BY CREATING A NEW SECTION 16 OF THE PLAN TO ALLOW EMPLOYEES PARTICIPATING IN THE DEFINED CONTRIBUTION SYSTEM TO JOIN THE PLAN, INVEST IN THE CURRENT SCHEDULE OF BENEFIT AFTER FIVE YEARS OF CREDIBLE SERVICE, REPEATING ORDINANCES IN CONFLICT OR WITH, AND PROVIDING FOR AN EFFECTIVE DATE. THAT IS ITEM R5-8J. THAT IS FIRST READING PUBLIC HEARING. THE NEXT TWO ITEMS ARE RESOLUTION. IT IS ITEM R7A. IT IS RATIFIED THREE-YEAR LABOR AGREEMENT WITH AFSCME, MAY 1, 2025, TO APRIL 30, 2028. THAT IS A PUBLIC HEARING. AND THE LAST ITEM IS R7W, A PUBLIC HEARING, RATIFIED THREE-YEAR LABOR AGREEMENT WITH THE CWA, OCTOBER 1, 2024, TO SEPTEMBER 30, 2027. I MOVE THE ITEMS. SECOND. MARK AND MARLA WAITED ALL DAY. HOLD ON. I'LL TALK TO YOU. I DON'T KNOW. HOLD ON. SO I HAVE A MOTION BY COMMISSIONER FERNANDEZ, SECONDED BY COMMISSIONER BOTT. IT IS A PUBLIC HEARING. ALL OF THEM ARE PUBLIC HEARINGS. I SEE NO ONE IN THE AUDIENCE, AND I SEE NO ONE IN ZOOM REQUESTING TO SPEAK. RALPH, I GUESS JUST FOR THE FIRST ONE, NOT THE CWA AND THE OTHER UNION, BUT FOR THE FIRST ONE, IS THERE ANY FINANCIAL OR FISCAL IMPACT? NO, SIR. IT'S QUICKER THAN THE TITLE READING, MY GOODNESS. I'LL TAKE THE VOTE FAST THEN. SO I’M GOING TO TAKE THE VOTE ON THE ROLL CALL BECAUSE THERE ARE ORDINANCES. COMMISSIONER MATTEL SALINAS. YES. THEY'RE FOR ALL THE ITEMS. COMMISSIONER BOTT. YES. VICE MAYOR DOMINGUEZ. YES. COMMISSIONER SUAREZ IS ABSENT. COMMISSIONER FERNANDEZ. YES. COMMISSIONER MAGAZINE. YES. MAYOR MINER. YES. THE ITEM IS APPROVED. R5AH, AI, AND AJ WILL HAVE SECOND READING PUBLIC HEARINGS ON MAY 20TH. THE RESOLUTIONS ARE APPROVED. COMMISSIONER SUAREZ IS A YES ON ALL THREE. ALL FIVE. OKAY. [R9 F REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE TO DISCUSS HOW TO IMPROVE THE ARTIST VENDOR PROGRAM.] THANK YOU. THANK YOU. THANK YOU VERY MUCH, MR. MAYOR. LOOKS LIKE IT GOES FAST, BUT THERE'S A LOT OF WORK THAT GOES IN BEHIND THAT. I SEE ERIC NODDING, SO THANK YOU FOR ALL THAT HARD WORK. THERE'S A COUPLE OF ITEMS THAT HAVE BEEN ON PREVIOUS AGENDA BEEN PULLED. THEY'RE REFERRALS TO COMMITTEES. LET'S SEE IF WE CAN GET THAT DONE. R9F. R9F IS A REFERRAL TO PUBLIC SAFETY NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, HOW TO IMPROVE ARTIST VENDOR PROGRAM. R9F. I'D LIKE TO MOVE MY ITEM. I PULLED THAT. I WANTED TO SEE IF WE CAN ALSO DO A DUAL REFERRAL TO LAND USE. SURE. THANK YOU. LET ME JUST ASK, [06:35:01] IS THERE A WAY TO HAVE A MEETING OF THE TWO COMMITTEES TOGETHER TO DISCUSS THIS? BECAUSE SOMETIMES WHAT HAPPENS IS THAT ONE COMMITTEE DISCUSSES SOMETHING AND GIVES ONE TRACK, ANOTHER COMMITTEE MIGHT DISCUSS SOMETHING AND TAKE IT A DIFFERENT TRACK, AND MIGHT BE, IS THERE A WAY THAT THE TWO COMMITTEES CAN MEET AT THE SAME TIME? CAN WE DO A SUNSHINE MEETING MAYBE? I'LL MAKE SURE THAT WE CAN DO IT THE SAME MONTH OR THE SAME, YOU KNOW, SO WHENEVER IT GETS REFERRED TO NEIGHBORHOODS. I'LL ALSO HAVE IT ON THE SAME AGENDA FOR LAND USE. OR WHY DON'T WE JUST SEND IT TO LAND USE? MONICA? WELL, I’M NOT ON LAND USE. SO MAY 13TH IS APPARENTLY WHEN IT'S GOING TO BE. MAY MEETING? LAND USE? I HAVE A WORK EVENT THAT I HAVE TO BE TO MAY 14TH. SO I DON'T THINK I CAN BE THERE FOR MAY 13TH. THE FOLLOWING MONTH IS FINE. YEAH, I’M OUT THAT WHOLE MONTH TOO. NOT THAT WHOLE MONTH, THAT WHOLE WEEK. FOR THE RECORD, IF IT HELPS, ACCORDING TO MY NOTES, THERE'S TWO MEETINGS OF PUBLIC SAFETY, MAY 13TH AND MAY 27TH, AND LAND USE IS MAY 26TH. SO YOU CAN TECHNICALLY HAVE IT ONE DAY APART. OKAY. THAT'S OKAY WITH THE SPONSOR? PUBLIC SAFETY WOULD BE MAY 27TH. LAND USE WOULD BE MAY 26TH. RALPH, YOU SAVED THE DAY. YOU'RE WELCOME. THANK YOU. SO MAY 26TH. SO ALL I’M SORRY CAN I HAVE A MOTION ON THAT? MOVED. SECOND. MOTION BY COMMISSIONER FERNANDEZ, SECONDED BY COMMISSIONER SUAREZ. ALL IN FAVOR OF THE DUAL REFERRAL PLEASE SAY AYE. AYE. OPPOSED? HEARING NONE, R9F IS REFERRED TO PUBLIC SAFETY AND LAND USE. JUST FOR YOU IN THE AUDIENCE I WANT TO MAKE SURE YOU UNDERSTAND WHAT'S GOING ON WITH THIS BECAUSE YOU'VE BEEN AND SOME OF YOUR COLLEAGUES HAVE BEEN HERE MONTH AFTER MONTH. SO IT HAD BEEN ON THE COMMISSION AGENDA A COUPLE OF TIMES AGO. IT GOT PULLED, BUT IT NEVER GOT DISCUSSED, SO IT COULDN'T GET VOTED ON. SO NOW WE DISCUSS THE FACT THAT, YES, WE DO WANT TO HEAR IT, BUT WE WANT TO HEAR IT AT TWO COMMITTEES, NOT JUST ONE. AND SO THAT'S WHAT WE JUST AGREED ON. [R9 G REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE TO EXPLORE THE POTENTIAL IMPLEMENTATION OF A BLUE LIGHT SAFETY AND EMERGENCY COMMUNICATION SYSTEM ALONG 41ST STREET.] SO IT WILL BE HEARD AT THE TWO COMMITTEES AT THE END OF MAY, MAY 26TH AND MAY 27TH, WITH THE IDEA OF DISCUSSING HOW TO MAKE THIS PROGRAM BETTER. PROGRESS HAS BEEN MADE. YOU CAN CALL MY OFFICE TO GET THE TIMES IF YOU DON'T KNOW. THANK YOU. LET'S CALL THE NEXT DUEL. LET'S CALL THE VOTE. I DID. OKAY, GREAT. R9G. R9G IS REFERRAL TO PUBLIC SAFETY. IMPLEMENT BLUE LIGHT SAFETY EMERGENCY COMMUNICATION SYSTEM ON 41ST STREET. COMMISSIONER BOTSADAM, DO YOU HAVE THERE WHO PULLED IT? DOES ANYBODY REMEMBER? I WOULD LOVE TO CO-SPONSOR. WATCH IT. IT'LL BE ME AFTER I ASK. I SAID WATCH IT, IT'LL BE ME. I THINK IT'S A GREAT IDEA. ME, I DON'T THINK I'D PLAN IT. ANYWAYS, I'LL JUST MOVE IT. [R9 H REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE TO DISCUSS/TAKE ACTION ENHANCING BEACHWALK LIGHTING SOUTH OF 5TH, PARTICULARLY NEAR THE SOUTH POINTE PIER EXTENDING WEST; ALSO, INTRODUCING WRAPPING TREES IN WHITE LIGHTS EAST OF SMITH AND WOLLENSKY.] YEP, GREAT, AWESOME. OKAY, SO COMMISSIONER SUAREZ MOVES IT, AND I HEARD A SECOND FROM THE MAYOR, IS THAT CORRECT, OR NO? YES, FROM THE MAYOR? YEAH. R9G IS A REFERRAL TO PUBLIC SAFETY. ALL IN FAVOR, PLEASE SAY AYE. AYE. ANYONE OPPOSED? R9G IS REFERRED. R9H. R9H, THE REFERRAL TO PUBLIC SAFETY, ENHANCED BEACHWALK LIGHTING SOUTH OF 5TH AT THREE LIGHTS NEAR SOUTH. SECOND. WHO PULLED IT? OH, IT'S LATE. OKAY. IT WOULD NOT HAVE BEEN LATE. IF I CALL, NO, IF IT DOESN'T MAKE IT ON IN TIME, THEN IT GOES TO THE ADDENDUM. OKAY. ONE NUMBER, PLEASE, R9H. SEPARATED BY COMMISSIONER SUAREZ. OKAY, I THINK I PROBABLY PULLED THIS FOR, JUST WANTED, MAYBE I WAS CONFUSED, BUT I JUST WANT TO MAKE SURE THAT THIS DOESN'T AFFECT THE SEA TURTLES AS FAR AS LIGHTING GOES BECAUSE IT'S ON THE BEACH WALK. MAYBE THAT'S WHY I PULLED IT. ANYWAYS, I’M OKAY WITH IT GOING TO PUBLIC. YES, IT'S A REFERRAL. WE'LL HASH OUT IN COMMITTEE. OBVIOUSLY, MY INTENT IS NOT TO PULL SEA TURTLES, SO I FULLY SUPPORT THEM. AND WE WOULD MAKE SURE THAT THAT WOULD BE PROTECTED WHEN WE DISCUSS IN COMMITTEE. YEAH, I MEAN, I THINK, NOT TO SPEAK FOR COMMISSIONER MATEOS-LINAS, BUT I KNOW I DID A PARK WALKTHROUGH WITH SOME RESIDENTS, AND LIGHTING CAME UP BECAUSE I MADE REFERENCE TO THE FACT THAT MONACO IS ALREADY WORKING ON THIS. AND AMY WAS ON THE WALK WITH US, AND WE HAD PRETTY ROBUST CONVERSATIONS ABOUT HOW, YOU KNOW, WE NEED TO MITIGATE AND WHAT ALL THE OPTIONS ARE. SO EVERYONE IS ON THAT SAME PAGE. YEAH, WHENEVER IT COMES TO. YOU GUYS KNOW I’M A SEA TURTLE GUY. WHEN IT COMES TO LIGHTING [06:40:01] AT NIGHT, [R5 AG AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “TRAFFIC AND VEHICLES,” ARTICLE II, ENTITLED “METERED PARKING,” DIVISION 1, ENTITLED “GENERALLY,” SECTION 106-47 THEREOF, ENTITLED “FREIGHT, COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS; DELIVERIES,” TO MODIFY AND CLARIFY REQUIREMENTS APPLICABLE TO THE USE OF FREIGHT, COMMERCIAL, AND PASSENGER LOADING ZONES; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.] MAYBE I THOUGHT IT WAS COMING UP FOR A VOTE OR SOMETHING LIKE THAT. SO R9H, I NEED A MOTION, PLEASE. I MOVE IT. SECOND. I HAVE A MOTION BY COMMISSIONER BOTT, SECONDED BY COMMISSIONER MATEO SALINAS. ALL IN FAVOR OF THE REFERRAL ON R9H, PLEASE SAY AYE. AYE. ANYONE OPPOSED? HEARING NONE, R9H IS REFERRED TO THE PUBLIC SAFETY COMMITTEE. R5 AG. R5 AG IS AN ORDER FROM THE MAYOR AND CITY COMMISSIONER OF THE CITY OF MIAMI BEACH, FLORIDA. AMENDMENT CHAPTER 106 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED TRAFFIC AND VEHICLES. ARTICLE 2 ENTITLED METERED PARKING DIVISION 1 ENTITLED GENERALLY SECTION 106-47 THEREOF. GREAT COMMERCIAL AND PASSENGER CURB LOADING ZONE HOURS DELIVERIES TO MODIFY AND CLARIFY REQUIREMENTS APPLICABLE TO THE USE. A FREIGHT COMMERCIAL AND PASSENGER LOADING ZONES AND PROVIDING FOR REPEALER QUALIFICATION AND AN EFFECTIVE DATE. THIS IS R5 AG. IT IS A FIRST READING. COMMISSIONER FERNANDEZ, CO-SPONSORED BY COMMISSIONER DOMINGUEZ, BOTT, AND SUAREZ. THANK YOU, MR. MAYOR. THIS IS BUILDING UPON A CONVERSATION THAT WE HAD BACK IN MARCH, AND IT ACTUALLY BUILDS UPON THE VERY SUBSTANTIVE CONVERSATION WE HAD THIS MORNING ABOUT COMMERCIAL LOADING ZONES AND PEOPLE JUST PARKING ON OUR STREETS, TRUCKS, STOPPING WHEREVER THEY WANT, BLOCKING LANES, DISRUPTING TRAFFIC AND CREATING SAFETY RISKS. IT IS A DAILY FRUSTRATION AS WE DISCUSSED AT NAJAN THIS MORNING FOR RESIDENTS AND FOR BUSINESS ALIKE. SO THE ORDINANCE THAT WE HAVE BEFORE US, THIS PROPOSAL UPDATES OUR FREIGHT, COMMERCIAL AND PASSENGER LOADING ZONE RULES TO STRENGTHEN ENFORCEMENT AND IMPROVE OVERALL. TRAFFIC FLOW, THE FIRST PENALTY, FIRST THE PENALTIES ARE SIGNIFICANTLY INCREASED. INSTEAD OF A WARNING FOR A FIRST VIOLATION, WHEN IT COMES TO THE FREIGHT LOADING ZONES, VIOLATORS WOULD NOW FACE A $1,000 FINE. SECOND OFFENSES WOULD GO UP FROM $150 TO $5,000. AND IN CASES WHERE AN ILLEGAL STOP ACTUALLY OBSTRUCTS. A TRAVEL LANE AND DISRUPTS TRAFFIC, THE SPECIAL MAGISTRATE WOULD BE ABLE TO ISSUE A $15,000 PENALTY. AND THESE ARE VIOLATIONS THAT BRING TRAFFIC TO A STANDSTILL THAT AFFECT PUBLIC SAFETY, THAT AFFECT THE QUALITY OF LIFE OF OUR RESIDENTS. THEY FORCE DRIVERS INTO SUDDEN LANE CHANGES WHICH ARE DANGEROUS. THEY CREATE DANGEROUS CONDITIONS FOR PEDESTRIANS AND CYCLISTS. AND THIS ORDINANCE TREATS THESE VIOLATIONS WITH THE SERIOUSNESS THAT THEY DESERVE. SO THAT'S THE ITEM THAT'S BEFORE US. AGAIN, WE DISCUSSED THIS AT NOTION THIS MORNING, THE SEVERE IMPACTS THAT THIS HAS ON THE QUALITY OF LIFE OF OUR RESIDENTS. AND IT'S WHY WE'RE GOING AHEAD AND IMPOSING THESE VERY STRICT PENALTIES THAT DIDN'T EXIST BEFORE. AND WITH THAT, I MOVE MY ITEM. THANK YOU. I'D LIKE TO OFFER AN AMENDMENT TO THE ITEM AND I WILL SHARE WITH YOU WHAT I’M PROPOSING. AND THE AMENDMENT BASICALLY STATES THAT THE FREIGHT LOADING ZONE BEGINNING JULY 1ST WOULD BE IN EFFECT MONDAY THROUGH SATURDAY, 7 A.M. TO 3, MAXIMUM ALLOWABLE TIME TO PARK. IN THE COMMERCIAL OR FREIGHT ZONE IS 30 MINUTES. AND IT'S UNLAWFUL FOR ANYBODY AND IT GOES ON THROUGH HERE I'LL PASS IT DOWN SO THIS IS SO LET ME SEE SO THIS WOULD BE TO CREATE A UNIFORMITY COMMISSIONER CORRECT OKAY SO SO SO INSTEAD OF HAVING DIFFERENT TIMES WHAT YOU'RE SAYING IS DIFFERENT DAYS BECAUSE IN SOME IT SAYS SUNDAYS OR AND THE OTHER IS SUNDAYS ARE NOT ALLOWED. IF THERE'S ONE THING THAT'S REALLY TIGHT IN OUR CITY IS ACCESS TO PARKING AND I WANT TO MAKE SURE THAT SUNDAYS OF REVENUE HAVE ACCESS TO PARK AND LOADING ZONES AREN'T TRADITIONALLY USED AS MUCH AND THE HOUR 77 TO 3 SEEMED FAIR. IF IT WERE UP TO ME, IT WOULD BE 7 TO 11. BUT AFTER SEVERAL CONVERSATIONS, I WAS TOLD 1 OR 3 O'CLOCK IS BETTER. AND THEN THAT WAY, RESIDENTS STILL HAVE ACCESS TO PARK IN THOSE SPOTS AFTER 3 O'CLOCK. I THINK THAT'S GREAT. I MEAN, ONE OF THE CHALLENGES THAT I THINK THAT OUR RESIDENTS HAVE, AND THAT EVEN PEOPLE WHO ARE NOT OUR RESIDENTS WHO COME INTO OUR CITY, IS THE INCONSISTENCY. YOU GO TO ONE FREIGHT LOADING ZONE. IT MIGHT BE UP TO 11 O'CLOCK. YOU GO INTO ANOTHER FREIGHT LOADING ZONE, IT MIGHT BE TO 1 O'CLOCK. YOU GO TO ANOTHER FREIGHT LOADING ZONE, IT MIGHT BE TO 3 [06:45:01] O'CLOCK. AND THAT INCONSISTENCY IN THE HOURS CREATE CONFUSIONS, NOT ONLY FOR THE PEOPLE COMING INTO OUR CITY, BUT ALSO FOR THE DELIVERY INDUSTRY THAT CANNOT RELY ON, YOU KNOW, ON KNOWING FOR CERTAIN WHAT ARE THE HOURS FOR THESE LOADING ZONES. I THINK OTHER CITIES DO THIS ALREADY. I THINK THERE ARE CITIES... THAT ALREADY HAVE CONSISTENT SET SCHEDULE. AND TO THE EXTENT THAT OTHER CITIES ARE DOING THIS, I DON'T SEE WHY IT WOULD BE A PROBLEM FOR US TO ESTABLISH THIS. I ACTUALLY LIKE THIS AMENDMENT, AND I WOULD ACCEPT IT AS A FRIENDLY AMENDMENT. OKAY, THEN I'LL SECOND IT WITH THE AMENDMENT. IT IS A PUBLIC HEARING. CALL THE VOTE. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK? I SEE NO ONE ON ZOOM. CAN I CALL THE ROLL? CALL THE ROLL. SO AS AMENDED, R5AG, COMMISSIONER BOTT. AS AMENDED, YES. COMMISSIONER SUAREZ. YES, AS AMENDED. COMMISSIONER FERNANDEZ. YES. COMMISSIONER MATTEL SALINAS. YES. VICE MAYOR DOMINGUEZ. YES. COMMISSIONER MAGAZINE. YES. YES. MOTION IS THE ITEM IS APPROVED AS AMENDED SECOND READING PUBLIC HEARING IS SCHEDULED FOR MAY 20TH AND THAT WAS ITEM R5 AG AND I AND I JUST WANT TO MAKE SURE JUST JUST JUST FOR THE RECORD MR. ATTORNEY THIS WOULD ESTABLISH JUST SO THAT I WANT TO MAKE SURE I UNDERSTAND THE AMENDMENT RIGHT THE AMENDMENT TO THAT THAT VICE MAYOR DOMINGUEZ PRESENTED WOULD CREATE WOULD SAY THROUGHOUT THE CITY ALL FREIGHT LOADING ZONES THESE ARE THE DESIGNATED HOURS UNLESS OTHERWISE CHANGED BY THE COMMISSION BY RESOLUTION. I BELIEVE IT WOULD REQUIRE A SUBSEQUENT ORDINANCE, BUT WE CAN WORK WITH VICE MAYOR DOMINGUEZ ON THAT FOR SECOND READING. I’M READING HERE, THE CREATION OF A NEW FREIGHT LOADING OR COMMERCIAL LOADING ZONE OR ELIMINATION OF AN EXISTING FREIGHT LOADING ZONE SHALL BE ACCOMPANIED BY RESOLUTION OF THE CITY COMMISSION. ADDING OR REMOVING A ZONE, BUT THE HOURS... SO IS IT THE WILL OF THE COMMISSION THAT IT BE BY RESOLUTION OR BY ORDINANCE TO CHANGE THE HOURS? OKAY. SO, OKAY, IN ESSENCE, WE ARE SETTING THESE HOURS BY LEGISLATION, AND THE HOURS WOULD ONLY BE CHANGED BY LEGISLATION SO THAT WE GIVE THE PUBLIC CONSISTENCY AND PREDICTABILITY. RIGHT. OKAY. AND JUST TO CLARIFY, THE HOURS WOULD BE CHANGED BY ORDINANCE, BUT THE DESIGNATED ZONES COULD BE CHANGED BY RESOLUTION TO GIVE YOU MORE FLEXIBILITY. COMMISSIONER MATEO SALINAS. I JUST WANT TO CLARIFY THAT THE, IN THIS AMENDMENT, THE LOADING ZONES, IT'S THE FREIGHT AND THE COMMERCIAL LOADING ZONES, OR JUST FREIGHT? FREIGHT AND COMMERCIAL. OKAY, SO IT IS BOTH OF THEM? OKAY, THANK YOU. THANK YOU, MADAM VICE MAYOR. I REALLY APPRECIATE THIS. I THINK THIS MAKES THE ORDINANCE BETTER, SO THANK YOU SO MUCH. MAYOR. I’VE BEEN INFORMED THAT THERE IS NO MAY 27TH PUBLIC SAFETY AND COMMISSIONER FOR OUR COMMISSIONER FERNANDEZ WILL BE OUT ALSO. I JUST WANT TO PUT FOR THE RECORD THAT VICE MAYOR DOMINGUEZ KNEW MY TRAVEL SCHEDULE BETTER THAN MYSELF. ON THE MAY 27TH COMMISSIONER FERNANDEZ WILL BE OUT. IS THAT A COMMISSION MEETING? NO NO THIS IS THAT PUBLIC SAFETY NEIGHBORHOOD MEETING THAT THAT WE WERE MOVING THE DUAL BACK-TO-BACK MEETINGS. SO LAND USE AND PUBLIC SAFETY. DOES THAT CHANGE ANYTHING OR JUST I’M SORRY. SO HE WANTED AT THE END OF MAY AND THE NEXT ONE IN THE BEGINNING OF JUNE. YEAH, EXACTLY. BECAUSE THE JUNE NEIGHBORHOODS MEETING WILL STILL BE THE COMMISSION MEETING. SO WE'LL HAVE TIME TO MARRY THEM IN THEORY. WELL, WOULDN'T WE WANT TO BRING THIS BACK IN MAY? DON'T WE WANT TO GET THIS DONE FOR MAY? THE MAY MEETING ON THE 20TH? IT DOESN'T LOOK LIKE IT'S GOING TO BE POSSIBLE. I CAN PUT IT ON OUR NEXT PUBLIC SAFETY MEETING, WHENEVER IT IS. SO IT'LL BE THE 13TH? YEAH, SURE. SHOULD I BE HERE? NO, I’M GOING TO BE HERE MAY 13TH. I LEAVE. MADAM VICE MAYOR, WHEN DO I LEAVE TOWN? MAY 23RD. OH, THERE WE GO, MAY 23RD. THE WORLD NOW KNOWS YOUR TRAVEL PLANS. WELL, THANK YOU. BUT ARE YOU STILL SET FOR THE MAY 26TH LAND USE MEETING? THE PROBLEM IS YOU WANT TO BRING IT TO THE MAY 20TH MEETING, BUT THE LAND USE IS NOT GOING TO HEAR IT UNTIL MAY 26TH. I CAN, I CAN, WHAT DO YOU GUYS NEED ME TO DO? DO YOU HAVE AN EARLIER MEETING? LAND USE? WHEN'S THE NEXT LAND USE MEETING? WHY DON'T WE HAVE A LAND... WHY DON'T WE HAVE... APRIL 20... WHEN'S THE NEXT... MAY 26, ACCORDING TO MY LIST. AT LAND USE? [06:50:02] AT LAND USE IS THE NEXT MEETING. WE HAVE APRIL 1ST, YOU HAVE ONE, AND THEN THE NEXT ONE SEEMS TO BE MAY 2ND. THERE'S NO LAND USE MEETING... THAT'S RIGHT. I THINK IT WAS ONE OF THE MONTHS THAT... WHY DON'T WE TRY TO HAVE A JOINT SUNSHINE MEETING? SOMEONE'S MENTIONED THAT, AND, YOU KNOW, WITH SOME OF THE LADIES ON THE DAIS, THEY... I THINK THEY MENTIONED THAT, AND THEN US BOYS, WE GOT IN THE WAY OF THEIR WISDOM. WHAT DO WE... THAT WAY WE CANNOT... GEE, THAT NEVER HAPPENS. MAYBE WE JUST DO AN ARTIST FENDER SUNSHINE MEETING. YEAH, WHY DON'T WE DO THAT? ARE YOU COOL WITH THAT? YEAH. AND THEN WE BRING THE OUTCOME OF THAT TO... BACK TO THE COMMISSION. LET ME THINK ABOUT THAT. CAN WE... GIVE ME FIVE MINUTES TO THINK ABOUT THAT. IS IT THAT BAD IF IT COMES BACK TO THE JUNE MEETING, IF YOU HEAR IT AT LINE JUICE? CAN WE JUST GO AS NORMAL? I DON'T WANT TO GIVE SPECIAL PRIVILEGES FOR A SPECIFIC ITEM. I MEAN, BUT WE ALL HAVE THE SAME SEAT AT THE TABLE ANYWAY, YOU KNOW, WHEN IT COMES TO... WE ALL? WE ALL HAVE THE SAME SEAT AT THE TABLE WHEN IT COMES TO HAVING A SUNSHINE MEETING AND THEN WHEN IT COMES BACK TO COMMISSION. SO COMMITTEES ARE GOOD, BUT WE'RE ALL GOING TO HAVE TO COME BACK TO THE MEETING TO HAVE THE SAME... I DON'T MIND HAVING A SUNSHINE MEETING THAN HAVING IT FLESHED OUT FULLY AT A LAND USE MEETING OR A NEIGHBORHOODS MEETING. WHATEVER YOU GUYS WANT, I, LIKE, I... [R7 V A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE AT ITS APRIL 1, 2026 MEETING AND APPROVING THE PROPOSED TERMS OF A FIRST AMENDMENT TO THE AGREEMENT OF LEASE DATED SEPTEMBER 1, 1999 BETWEEN THE CITY OF MIAMI BEACH (OWNER), AND RK RIVANI, LLC, (TENANT) RELATING TO THE REAL PROPERTY LOCATED AT 1691 MICHIGAN AVENUE (PROPERTY), SAID TERMS PROVIDING, IN PRINCIPAL PART, FOR (I) LEASE TERM EXTENSION FOR TWO (2) TWENTY (20) YEARS OPTIONS; (II) AN INCREASE TO THE BASE RENT; (III) MARKET RENT ADJUSTMENTS CAPPED AT THIRTY-THREE PERCENT (33%) AT EACH OF THE FOUR (4) RENEWAL PERIODS; (IV) CONSTRUCTING APPROXIMATELY 47,000 SQUARE FEET OF OFFICE SPACE AND OTHER IMPROVEMENTS ABOVE THE PARKING GARAGE HAVING AN APPROXIMATE VALUE OF $50 MILLION (EXPANSION IMPROVEMENTS); (V) APPROVING A MAXIMUM BUILDING HEIGHT OF ONE HUNDRED (100) FEET; (VI) ADJUSTING THE TOTAL REQUIRED PARKING FOR THIS GARAGE TO FOUR HUNDRED TWENTY-FIVE (425) PARKING SPACES; AND (VII) ADDITIONAL PUBLIC BENEFITS OF ONE MILLION THREE HUNDRED THOUSAND ($1,300,000) ALL AS SET FORTH IN THE TERM SHEET ATTACHED AS AN EXHIBIT TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION; SUCH FIRST AMENDMENT TO BE SUBJECT TO A WAIVER OF THE FORMAL COMPETITIVE BIDDING REQUIREMENTS BY A FIVE-SEVENTHS (5/7TH) VOTE AS PERMITTED UNDER SECTION 82-39(A) OF THE CITY CODE AND TO BECOME EFFECTIVE ONLY UPON (A) THE APPROVAL BY A MAJORITY VOTE OF THE VOTERS IN A CITY-WIDE REFERENDUM AND (B) TENANT’S COMPLETION OF THE EXPANSION IMPROVEMENTS WITHIN A PERIOD TO BE SPECIFIED IN THE FIRST AMENDMENT; FURTHER, DIRECTING THE ADMINISTRATION TO NEGOTIATE A FIRST AMENDMENT WITH TENANT CONSISTENT WITH THE TERM SHEET, WITH THE FINAL FIRST AMENDMENT SUBJECT TO THE PRIOR APPROVAL OF THE MAYOR AND CITY COMMISSION.] YEAH, BUT, YEAH, I’M SORRY. I THINK WE SHOULD KEEP IT AT THE PUBLIC SAFETY AND LAND USE AND COME BACK IN JUNE. OKAY, SOUNDS GOOD. WE'RE GOING TO KEEP IT AT THE PUBLIC SAFETY MEETING FOR MAY 13TH, LAND USE AT MAY 26TH, AND WE'LL COME TO THE JUNE COMMISSION MEETING. THE LOADING ZONES? NO, THIS IS THE ARTIST VENDOR. ARTIST VENDOR. OKAY, EVERYONE OKAY WITH THAT? OKAY, R7V. R7V IS APPROVED TERMS AMENDMENT ONE LEASE AGREEMENT WITH RK RAVANI 1691 MICHIGAN. COMMISSIONER MAGAZINE. THANK YOU MR. MAYOR. AN OPPORTUNITY THE CITY HAS IN FRONT OF IT I’M VERY EXCITED ABOUT. AS I IMAGINE A LOT OF MY COLLEAGUES ARE AS WELL. WE HAVE MADE TREMENDOUS STRIDES IN ECONOMIC DEVELOPMENT. IN FACT. FOR THE FIRST TIME EVER, WE HAVE FOUR PUBLICLY TRADED COMPANIES HEADQUARTERED IN MIAMI BEACH. WE ARE CREATING A REAL ECONOMY FOR REAL PEOPLE WITH HIGH-PAYING JOBS. PART OF THAT IS OUR OFFICE INVENTORY THAT IS INCREDIBLY, INCREDIBLY SLIM. WE ACTUALLY ARE WELL-POSITIONED WHERE WE HAVE AN ASSET THAT IS ON CITY-OWNED LAND THAT WE HAVE A LEASE FOR. THE CURRENT OWNER OF THE OFFICE BUILDING, HE BOUGHT THIS SEVERAL YEARS AGO. HE'S PUT, I BELIEVE, $50 TO $60 MILLION OF CAPITAL IMPROVEMENTS INTO THE PROJECT. I’M GOING TO USE ROUND NUMBERS. OZZIE, YOU'RE THE SPONSOR. PLEASE CORRECT ME IF I’M OFF, BUT YOU INHERITED OR BOUGHT THE PROPERTY, AND THE OCCUPANCY FOR THE PROPERTY WAS ABOUT 35 TO 40 PERCENT. YOU TENANCY IS NOW UP TO 80 TO 90 PERCENT WITH INDICATION OR MOVE EVEN HIGHER. THE RENTS HAVE EITHER TRIPLED OR QUADRUPLED, AND THAT'S DIRECT MONEY THAT'S COMING INTO THE CITY. ONE OF THE THINGS THAT IS PART OF THIS LEASE IS THE CITY NOT ONLY RECEIVES RENT PAYMENTS FROM A BASE RENT PAYMENT FROM THE OWNER OF THE OFFICE BUILDING, BUT WE ESSENTIALLY ALSO SHARE IN THE UPSIDE BECAUSE WE GET A PERCENTAGE. OF THE GROSS REVENUES THAT COME INTO THE PROJECT. BECAUSE OF THE SUCCESS OF THIS PROJECT AND BECAUSE OF OUR CONTINUED AND ENHANCED DEMAND TO DIVERSIFY OUR ECONOMY, THE OFFICE OWNER CAME TO US AND SAID, I WILL MAKE AN ADDITIONAL $50 MILLION INVESTMENT, NOT INTO HIS ASSET, INTO OUR ASSET, RIGHT, THAT WE ULTIMATELY OWN. HOWEVER, I’M GOING TO NEED AN EXTENSION ON MY LEASE TERMS. TO ESSENTIALLY BE ABLE TO FINANCE IT AND THAT'S WHAT WE HAVE HERE UM BUT THIS WAS A GREAT OPPORTUNITY TO REEVALUATE NOT JUST WHAT HAPPENS 60 YEARS FROM NOW WHEN THAT LEASE IS SET TO EXPIRE, BUT OZZIE, YOU WERE ABLE TO RUN, I SAW IT WITH MY OWN TWO EYES, VERY HARD YET FAIR NEGOTIATION THAT REALLY IS GOING TO BENEFIT OUR TAXPAYERS NOT 60 YEARS FROM NOW, BUT ACTUALLY AS SOON AS THIS PROJECT STARTS GETTING COMPLETED. SO DO YOU WANT TO SUMMARIZE KIND OF VERY HIGH LEVEL? WHAT WE'RE LOOKING AT, WHERE THIS IS GOING, WHAT THE PROCESS IS GOING TO BE, I BELIEVE THAT THIS WILL STILL NEED TO GO TO FERC TO IRON OUT. WE'RE ESSENTIALLY MAYBE AT THE FIVE-YARD LINE, MAYBE EVEN THE TWO-YARD LINE. FERC WILL IRON [06:55:02] OUT THE LAST FINAL DETAILS, AND THEN IT WILL COME BACK TO COMMISSION FOR A FINAL APPROVAL BEFORE BEING SENT TO VOTER REFERENDUM IN NOVEMBER. YES. THANK YOU, COMMISSIONER. OZZIE DOMINGUEZ, DIVISION DIRECTOR OF ASSET MANAGEMENT. SO AS THE COMMISSIONER WAS SAYING, WE HAVE BEEN IN DISCUSSIONS AND NEGOTIATIONS WITH THE RIVANI GROUP FOR PROBABLY A COUPLE OF MONTHS NOW, AND THIS IS A VERY EXCITING PROJECT. WE'VE MADE A LOT OF STRIDES. THERE'S JUST TWO MATERIAL TERMS RIGHT NOW THAT WE ARE POLISHING UP, AND WE ARE CONFIDENT THAT WE'RE GOING TO HAVE THAT WRAPPED UP BY THE END OF THIS WEEK AND BRING THAT BACK TO FERC IN MAY. BE ABLE TO GO BACK TO COMMISSION AT THE END OF MAY AND JUNE AND THEN REFERENDUM IN NOVEMBER. BUT ALL OF THE OTHER TERMS I BELIEVE THAT WE HAVE AGREED TO. THEY DID REQUEST TWO ADDITIONAL EXTENSIONS OF 20 YEARS EACH. AND THEN THERE'S A SERIES OF PUBLIC BENEFITS THAT HAVE ALSO BEEN PRESENTED. SO WE'RE VERY EXCITED ABOUT THE PACKAGE. BUT WE ARE AT THE TWO-YARD LINE RIGHT NOW. AND I'LL LEAVE IT EITHER TO MY COLLEAGUES OR THE CITY MANAGER IF WE WANT TO GET INTO THE DETAILS OF THIS. SINCE WE ARE REFERRING IT TO FERC AND IT WILL COME BACK HERE, IF WE JUST WANT HIGH-LEVEL HIGHLIGHTS OR WE JUST WANT TO PROCEDURALLY SEND IT TO FERC AND KIND OF SPEED THROUGH THE AGENDA, I'LL LEAVE THAT UP TO YOU ALL. ALL RIGHT, SAMARA DOMINGUEZ. OKAY. THANK YOU. THIS IS SUCH AN EXCITING PROJECT. I’VE HAD THE OPPORTUNITY TO GET A HARDHAT TOUR, AND IT'S BEAUTIFUL AND MORE TO COME, SO I CAN'T WAIT FOR IT TO BE FINISHED. I LOVE THE TERMS. I READ THROUGH IT, AND I JUST HAVE ONE TWEAK. IT SAYS $10,000 A YEAR FOR THE SENIOR MEALS PROGRAM. THE WORD MEALS SHOULD BE TAKEN OUT. IT'S FOR SENIOR PROGRAMS. BUT I THINK THIS IS TERRIFIC. IT'S GOING TO BE SUCH A WONDERFUL ASSET IN OUR CITY ON LINCOLN ROAD, AND I’M VERY EXCITED. WONDERFUL. THANK YOU. DO WE HAVE ANY VISUALS OF THE CAPITAL IMPROVEMENTS THAT ARE BEING CONTEMPLATED? YES. DID YOU LINE UP ANY OF THE VISUALS WITH BJ? SORRY. WE DIDN'T SUBMIT A PRESENTATION OUT OF RESPECT FOR YOUR TIME TODAY, BUT WE DIDN'T EXPECT IT. NO WORRIES, IT'S JUST TREMENDOUSLY IMPRESSIVE AND EXCITING. I THINK THEY'RE ATTACHED TO THE AGENDA. YEAH, IT WAS MORE FOR THE PUBLIC, BUT WE CAN DO THAT IN DUE TIME. MR. MAYOR? COMMISSIONER BACH. OZZIE, CAN YOU JUST GIVE US A VERY TOP-LINE SUMMARY OF THE TWO KIND OF STICKING POINTS SO WE KNOW WHAT WE'RE LOOKING FORWARD TO? YES, SO WE ARE DISCUSSING THE RENTAL STRUCTURE RIGHT NOW. THEY CURRENTLY PAY US A BASE RENT PLUS 2.5% OF SALES. OUR DISCUSSIONS ARE TO INCREASE THAT BASE RENT. THEIR BASE RENT SCHEDULE RIGHT NOW IS ON A FIVE-YEAR CUMULATIVE CYCLE, WHERE EVERY FIVE YEARS IT INCREASES BY THE LESSER OF CPI OR 12%. THAT CALCULATION WILL CONTINUE. HOWEVER, WHAT... THE CITY IS ASKING FOR IS THAT ONCE THE NEW PROJECT, PHASE TWO, AS WE'RE REFERRING TO IT, IS CO'D AND THEY HAVE A 12-MONTH PERIOD FOR BUILD-OUTS, THAT WE INCREASE THAT CURRENT MINIMUM RENT. AND OUR DISCUSSIONS RIGHT NOW ARE PROBABLY SOMEWHERE IN THE $500,000 RANGE. RIGHT NOW THEY'RE PAYING US ABOUT $300,000. SO IT'LL BE A NICE BUMP FOR CITY REVENUE THAT IS GUARANTEED MINIMUM RENT PLUS THE CONTINUED. TWO AND A HALF PERCENT OF GROSS. AND YOU SAID THERE WERE TWO ISSUES. YES, AND THE SECOND ONE IS THAT THERE ARE RENT RESETS THAT ARE SET IN YEARS 50 AND 70. THESE RENT RESETS ARE BASED ON MARKET RENT ANALYSIS. IN ADDITION TO THOSE TWO RENT RESETS, WE'VE ADDED TWO MORE RENT RESETS WITH THE TWO EXTENSION PERIODS THAT THEY HAVE REQUESTED. THE REQUEST IS TO HAVE THOSE RENT RESETS CAPPED. BECAUSE AS THEIR RENT CONTINUES TO INCREASE, THE VALUE OF THE PROPERTY WILL THEN OBVIOUSLY BE A LOT GREATER, AND THEY WANT TO MAKE SURE THAT THEY STILL ARE WITHIN AN AFFORDABLE RENT COMPARED TO THE INVESTMENT THAT THEY'RE MAKING. SO THEY HAVE REQUESTED FOR US TO CONSIDER SOME CAPS ON THOSE RESETS. AND THAT'S WHAT YOU GUYS ARE GOING TO BE HATCHING OUT? CORRECT. WELL, I WANT TO ECHO MY COLLEAGUES. ROBERT, I HAVE ALWAYS BEEN IMPRESSED WITH HOW FULLY YOU COMMITTED TO THE CITY OF MIAMI BEACH WHEN YOU STARTED OFF IN SOUTH BEACH. AND YOU HAVE BEEN DOUBLING DOWN. AND I ADMIRE PEOPLE WHO PUT THEIR MONEY WHERE THEIR MOUTH IS, WHO ACTUALLY WALK THE WALK AND DON'T JUST TALK THE TALK. AND IT APPEARS THAT YOUR GAMBLE IS PAYING OFF. AND IT'S GOOD FOR YOU OBVIOUSLY, BUT IT'S EVEN BETTER FOR THE CITY. SO ALL I WOULD SAY IS DON'T SCREW IT UP, MAN PGA THUMBS UP OR THUMBS [07:00:02] DOWN ONE SECOND. I’M PULLING IT UP NOW. AND AGAIN, THIS IS A CITY-OWNED ASSET THAT WE WILL ESSENTIALLY INHERIT ONCE THE LEASE TERMS ARE UP. CORRECT. WHAT YOU'RE LOOKING AT THERE IS THE ROOFTOP OF WHAT IS CURRENTLY THE ATTACHED PARKING GARAGE TO THE 1691 OFFICE BUILDING. SO THE ROOFTOP IS CURRENTLY JUST PARKING, MOSTLY EMPTY AS THE ROOFTOP IS THE LEAST UTILIZED LEVEL OF ANY PARKING GARAGE. AND THEN ON THE RIGHT-HAND SIDE WOULD BE AN ADDITION TO ABOUT 36,000 SQUARE FEET OF OFFICE WITH A 6,000 SQUARE FOOT SPACE THAT WOULD BE A FLEX SPACE FOR OUR POTENTIAL RESTAURANT USER. AND THEN YOU SEE A HOT TOPIC TODAY, SOME YOU POTENTIAL PEDAL COURTS ON THE ROOFTOP BUT THEY ARE SITUATED ON THE OTHER CORNER OF THE BUILDING AWAY FROM PALMVIEW SHIELDED FROM THE NEIGHBORHOOD ACROSS THE STREET BY THE TWO STORIES OF OFFICE BUILDING ABOVE FACING LINCOLN ROAD SO THERE'S NOT REALLY ANY RESIDENCES NEARBY AND IF WE SCROLL DOWN I THINK THERE'S A COUPLE MORE IMAGES OF IT THE SAME VIEW BUT ESSENTIALLY THIS WOULD BE CONVERTING THE ROOFTOP OF THE PARKING GARAGE INTO AN ADDITION ON AN OUTDOOR KIND OF CAMPUS WELLNESS SPACE. AND IF THIS IS ALL BEING DONE WITHIN THE ALLOWABLE HEIGHT AND FAR, THERE'S NO HEIGHT OR FAR INCREASE. WE'RE JUST TALKING ABOUT AN EXTENSION OF THE LEASE TERM. THAT IS CORRECT. CORRECT. THE BUILDING HAS ABOUT 48,000 SQUARE FEET OF FLOOR AREA AVAILABLE. SO THIS IS JUST A BETTER, MORE EFFICIENT USE OF THE BUILDING'S AVAILABLE SQUARE FOOTAGE THAN EMPTY PARKING. INCREDIBLE. CAN I SAY SOMETHING? COMMISSIONER BOTT. THE RENDERINGS ARE BEAUTIFUL. THE DESIGN IS THOUGHTFUL AND BEAUTIFUL AND EVOCATIVE OF. THE MIAMI BRAND THAT WE WANT TO SUPPORT AND PROMOTE, AND SO I’VE NO COMMENTS ON DESIGN. I WONDER IF IT'S POSSIBLE, WITHOUT SPENDING A TON OF MONEY, TO JUST DO ONE OF THESE RENDERINGS WHERE IT DOESN'T LOOK LIKE THIS IS IN A FIELD OF GRASS IN IOWA, AND HAVE IT CITED IN CONTEXT, BECAUSE I THINK THAT IS REALLY TELLING. I MEAN, THIS SHOWS OFF THE BEAUTY OF THE ARCHITECTURE. YEAH, IT'S LIKE FIELD OF DREAMS. IF YOU BUILD IT, THEY WILL COME. I’M LOOKING FOR KEVIN COSTNER TO COME OUT IN HIS BASEBALL UNIFORM. WELL, LISTEN, WHO ISN'T LOOKING FOR KEVIN COSTNER IN HIS BASEBALL UNIFORM? BUT IT'S ANOTHER CONVERSATION. ANYHOW, AND I DON'T WANT YOU TO SPEND A WHOLE TON OF MONEY. IT'LL TAKE YOUR ARCHITECTURAL FIRM FIVE MINUTES TO CHANGE OUT THAT BACKGROUND JUST SO WE CAN I MEAN, COME ON. YEAH, WE GOT IT. IT'S A VERY CONCEPTUAL MODEL, AND WE'LL KEEP BUILDING UP ON IT. THANK YOU. SO JUST IN CLOSING, WE ARE BRINGING THIS BACK TO FERC ON MAY 6TH AND THEN MOVING FORWARD TO COMMISSION FOR FIRST READING AND SECOND READING AND THEN CONTINUING ON TO REFERENDUM. AND TO BE CLEAR ON THAT, THE POINTS FOR CONTINUING TO TWEAK WILL BE AT FERC MAY 6TH OR WHATEVER YOU JUST SAID AND FIRST READING, AND THEN BETWEEN FIRST READING AND SECOND READING, IN THEORY THAT WILL BE IT BECAUSE THEN WE'LL HAVE TO LOCK THE TERMS IN ORDER TO MAKE THE REFERENDUM. IS THAT THE CORRECT TIMING? OUR GOAL IS TO HAVE EVERYTHING LOCKED DOWN IN A FINAL TERM SHEET BY THE FERC MEETING. BY THE? BY MAY 6TH. OH, BY THE FERC MEETING. BY THIS FRIDAY, ACTUALLY. THAT'S OUR DEADLINE SO THAT WE CAN MAKE THE MAY 6TH FERC MEETING WITH FINAL TERMS, AND THEN WE CAN START DRAFTING. SO DO YOU HAVE YOUR MEETING SET UP TO HASH THIS OUT? YES. WE'RE GOING TO WALK OUTSIDE RIGHT NOW AND FIGURE IT OUT. DO YOU NEED REFEREES? YES, WE PROBABLY WILL. OKAY. JOE, GET ON THAT. COMMISSIONER FERNANDEZ. I THINK THIS IS SO GREAT AND VERY EXCITED NOT JUST ABOUT THE WORK BEING DONE TO THE BUILDING, THE QUALITY, THE CALIBER OF THE TENANTS, THE ECONOMIC ACTIVITY THAT THIS BRINGS TO LINCOLN ROAD, THE POTENTIAL FOR THE CORRIDOR. YOU KNOW KUDOS TO YOU COMMISSIONER MAGAZINE FOR FOR FOR LEADING ON THIS ONE OF THE QUESTIONS I HAVE SO THE SO THE PARKING GARAGE RIGHT NOW HAS ABOUT 425 PARKING SPACES SEVEN HUNDRED AND SEVEN NINETEEN OR SO YEAH SEVEN HUNDRED NINETEEN AND AFTER THEN AFTER AFTER THE ROOFTOP ADDITION IS GOING TO HAVE HOW HOW MANY SPACES? ABOUT 425 WOULD BE... THE MINIMUM UM HOPEFULLY A BIT MORE BUT THERE'S SOME BUFFER THERE TO BE ABLE TO CONSTRUCT THE ADDITION RIGHT YEAH AND AND WHAT IS THE PROJECTED USE [07:05:02] OF UM OF THOSE 425 PARKING SPACES SO THEY WOULD SATISFY THE USES OF THE BUILDING FIRST WOULD BE THE OFFICE TENANTS THERE WOULD BE A HUNDRED SPACES UH FOR LEFT FOR THE PUBLIC WHICH IS CURRENTLY REQUIRED BY THE LEASE SO IT'S STILL PUBLIC PARKING AND THERE WOULD STILL BE A HUNDRED SPACES SET ASIDE FOR PUBLIC USE AND THAT'S REALLY IT. SO, YOU KNOW, ONE OF THE THINGS THAT I JUST WANT TO PUT OUT THERE, YOU KNOW, FOR YOU ALL JUST TO CONSIDER, WE HAD A CONVERSATION AT THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE ABOUT THE PARKING NEEDS OF THE CONVENTION CENTER HOTEL, WHICH IS A CRITICAL ECONOMIC ENGINE FOR OUR CONVENTION CENTER AND OUR ABILITY. TO TO TO UNTAP THE FULLEST POTENTIAL OF THAT CONVENTION CENTER IS OF COURSE THIS HOTEL BY THE EMPLOYEES THAT THERE IS A PARKING DEFICIENCY THAT'S GOING TO BE ANTICIPATED FOR THE EMPLOYEES AND YOU KNOW THEY'RE HOPING THAT THAT ALL THE EMPLOYEES THERE THAT THEY'RE EITHER GOING TO TAKE RIDE SHARE INTO INTO THE CONVENTION CENTER HOTEL OR THAT THEY'RE GOING TO TAKE BUSES AND WE ALL KNOW THAT YOU KNOW. THAT EXPECTING ALL THE EMPLOYEES, I THINK IT'S LIKE 200 EMPLOYEES AT ANY GIVEN TIME OF THE HOTEL TO TAKE RIDESHARE OR BUSES IS, I THINK, AN UNREALISTIC EXPECTATION. AND SO TO THE EXTENT THAT IT COULD BE CONSIDERED HOW PERHAPS THE BALANCE OF THESE PARKING SPACES COULD BE USED TO HELP AMELIORATE THE CONCERNS AND THE PARKING NEEDS OF THE CONVENTION CENTER HOTEL IS SOMETHING THAT I WOULD LIKE TO PUT OUT THERE. THROUGH THE SPONSOR IF HE'S AMENABLE TO THAT. COMMISSIONER, IT'S GREAT THAT YOU BROUGHT THAT UP. THAT'S ACTUALLY ONE OF THE PUBLIC BENEFITS, AND I'D LIKE TO JUST, OH, THANK YOU. I JUST WANTED TO HAVE ONE COMMENT, COMMISSIONER FERNANDEZ, THAT THEY ACTUALLY REACHED OUT TO US ALREADY THE PAST 48 HOURS, AND WE'RE WORKING ON A LONG-TERM LEASE WITH THEM TO BE ABLE TO GIVE THEM MORE PARKING SPACES. SO IT'S A WIN-WIN FOR BOTH OF US, AND I BELIEVE WE GAVE 110 PARKING SPACES. THEIR CONTRIBUTION FROM 100 SPACES TO 110. THEY'RE WORKING DIRECTLY WITH WILL. YEAH, AND WE RAN A STUDY, BECAUSE I HAD HEARD IT FROM A LOT OF THE COMMISSIONERS ON CONCERNS ABOUT PARKING. OUR PARKING LOT ON A MONTHLY BASIS, THE TRANSIENT PARKING, IS ONLY 5% OF OUR PARKING GARAGE. SO WE HAVE ABUNDANT PARKING, TO SAY THE LEAST. SO WE DEFINITELY KNOW WE'RE CLOSE TO HAVING MAXIMUM OCCUPANCY IN THE PARKING GARAGE. AND THANK YOU FOR WORKING WITH THE CONVENTION CENTER HOTEL. OF COURSE. JUST CONSIDERING THE ECONOMIC IMPACT THAT... YOUR PROJECT IS GOING TO HAVE ON LINCOLN ROAD EQUALLY IMPORTANT IS ALSO IS A HOTEL AND MAKING SURE THAT THAT THEY'RE ABLE TO KEEP THEIR EMPLOYEES IS GOING TO BE AN IMPORTANT ENDEAVOR SO SO I WANT TO THANK YOU FOR FOR WORKING WITH TURNBERRY ON FINDING FINDING A SOLUTION FOR THAT ABSOLUTELY MY PLEASURE IF IF I MAY BUILD ON THAT AND I’M GLAD WILL'S HERE BECAUSE HE CAN TALK ABOUT ABOUT WHAT WE'RE DOING WITH THE DEAUVILLE PARKING LOT. BECAUSE THE PARKING GARAGE IS GOING TO BE OPEN IN JULY. IT'S GOING TO BE OPEN IN JULY. AND CONSTRUCTION WON'T BE STARTING FOR ANOTHER COUPLE OF YEARS, SO WE HAVE THIS BIG EMPTY PARKING LOT, AND IT'S GOING TO BE GREAT. AND IN THE NEGOTIATION FOR THE DA, WE TALKED ABOUT THE PARKING FOR THE CONSTRUCTION WORKERS WILL BE IN THE GARAGE, SO THEY NEED TO... USE THAT SPACE SO WE'RE NOT CONGESTING NORTH BEACH MORE THAN IT NEEDS TO BE. AND THEN NO MATTER WHAT, WE'RE ALWAYS GOING TO HAVE X NUMBER OF SPOTS AVAILABLE TO RESIDENTS. AND THEN DURING HURRICANE OR FLOOD EVENTS, THERE WON'T BE CONSTRUCTION WORKERS THERE BECAUSE OF THE WEATHER. AND THEN WHEN THE HOTEL IS OPEN, THERE WON'T BE GUESTS THERE BECAUSE THEY PROBABLY WON'T BE FLYING IN FOR THE HURRICANE. SO THE REASON I GIVE YOU ALL THE BACKGROUND IS BECAUSE THERE ARE A LOT OF NET SPOTS THAT CAN BE MANAGED IN A VERY FLUID WAY, WHICH IS A VERY DIFFERENT... BUSINESS MODEL THAN WHAT IT USED TO BE WHICH IS THIRD FLOORS FOR THIS FOURTH FLOORS FOR THAT AND FIFTH FLOORS FOR THAT AND IT DOESN'T MATTER IF ONE IS EMPTY OR NOT EMPTY AND I WOULD LIKE YOU TO CONSIDER IF YOU WOULDN'T MIND ALSO TALKING TO WILL ABOUT AND WE'LL CORRECT ME IF I GET IT WRONG BUT MY UNDERSTANDING IS THAT DAVID MARTIN HAS SAID YES TO THIS THAT WE ARE GOING TO BE WE THE CITY WILL MANAGE THE PARKING GARAGE FOR THE DEAUVILLE. THEY WILL MAKE ALL THEIR MARKET RATE PARKING MONEY. NO ONE'S GETTING SHORT CHANGE, BUT IT GIVES US THE ABILITY TO MAKE IT A MUCH MORE FLEXIBLE, MORE NIMBLE PROCESS SO THAT WE DON'T HAVE TO ENGAGE WITH THE THIRD-PARTY VENDORS SAYING, OH, THERE'S NOBODY COMING IN TODAY BECAUSE IT'S A HOLIDAY, SO NOW ALL OF A SUDDEN WE HAVE ALL THIS AVAILABLE RESIDENT PARKING OR TOURIST PARKING. AND SO IT BECOMES THIS FLEXIBLE ECOSYSTEM. WHERE YOU DON'T HAVE TO WORRY ABOUT IT. YOU'RE STILL MAKING ALL THE MONEY. WE CAN MANAGE IT WITH RESIDENT RATES OR WHATEVER, BUT IT GOES [07:10:02] THROUGH ONE CENTRAL AGREED-TO VENDOR WITH THE AGREED-TO PARAMETERS. YOU GUYS DON'T HAVE TO WORRY ABOUT IT. YES, TWO POINTS ON THAT. RIGHT NOW WE'RE ALREADY HOUSING, I BELIEVE, 100 TO 150 CONSTRUCTION CARS FOR THE CONSTRUCTION THAT'S HAPPENING AT THE HOTEL, SO WE'VE ALREADY TAKEN THAT ON. AND I THINK IN OUR AGREEMENT, WE GAVE OUR PARKING SPACES FOR FREE. SO IF YOU WANT TO MAKE A MARKET RATE, I’M HAPPY TO. BUT WE GAVE, I BELIEVE, A HUNDRED. WE WON'T BACKTRACK ON THAT. YEAH, WE THREW IN 110 FOR FREE, NOT AT MARKET RATE OR AT A CHARGE FOR WORKFORCE HOUSING. SO THAT'S AMAZING. BUT WHAT I’M SAYING IS IF YOU HAVE, SO THAT'S WHATEVER, 250 SPOTS, AND YOU STILL HAVE ANOTHER 150 THAT ARE FLUID BECAUSE DURING THE DAY THEY'RE BEING USED BY YOUR EMPLOYEES, BUT AT NIGHT THEY'RE NOT USED AT ALL AND THEY'RE EMPTY. I’M HAPPY TO. I HAVE NO REASON TO TALK WITH THEM TO FIGURE THAT OUT. PERFECT. OKAY. THAT WOULD BE FANTASTIC. GREAT. CALL THE VOTE. THANKS. AND THANK YOU. MR. RIVANI, REALLY A GOOD, AS YOU'VE, HAS BEEN SAID BY MY COLLEAGUES, YOU'VE BEEN AN EXCELLENT PARTNER WITH OUR CITY, SO WE'RE APPRECIATIVE. WE'RE HAPPY THAT YOU'RE INVESTING IN OUR CITY, BUT ALSO WORKING WITH PEOPLE WHO ARE SO AMENABLE. AND THANK YOU, COMMISSIONER MAGAZINE, FOR WORKING WITH US. THIS IS A TEAM EFFORT. THIS IS FOR ALL OF US. OKAY. LET'S CALL A VOTE. I NEED A MOTION, PLEASE. I HAVE A MOTION BY COMMISSIONER MAGAZINE, SECONDED BY COMMISSIONER FERNANDEZ. AND IT'S AS AMENDED TO INCLUDE SENIOR PROGRAMS, NOT SENIOR MEAL PROGRAMS. [R9 A BOARD AND COMMITTEE APPOINTMENTS.] OKAY, R7B AS AMENDED. ALL IN FAVOR, PLEASE SAY AYE. AYE. ANYONE OPPOSED? HEARING NONE, R7B PASSES 7-0. THANK YOU ALL VERY MUCH. THANK YOU. LET'S TRY TO GET THROUGH A COUPLE OF THE ITEMS THAT WERE OH, ACTUALLY, YOU KNOW WHAT? LET'S CALL THE BOARDS AND COMMITTEES. SO EVERYONE SHOULD HAVE A BLUE PAPER. IF YOU DON'T, LET ME KNOW AND I'LL GIVE ONE. SO THE FIRST THAT WE HAVE, COMMISSIONER BOTT HAS NOMINATED KAREN SEPSEWAL TO THE 2026 HALL OF FAME SELECTION COMMITTEE. THERE ARE TWO SEATS AVAILABLE, ONE NOMINEE. IF WE COULD DO THAT ONE BY ACCLAMATION, PLEASE. ALL AGREE? ALL RIGHT, SO KAREN IS APPOINTED TO THE HALL OF FAME. NOW, WE HAVE AFFORDABLE HOUSING. WE HAVE ONE NOMINEE, CHARLOTTE TOMIC. CHARLOTTE IS ALSO BEING APPOINTED BY THE MAYOR TO THE MIAMI BEACH HOUSING AUTHORITY. CHARLOTTE IS BEING NOMINATED AT THIS POINT IN THE AGENDA TO THE AFFORDABLE HOUSING COMMITTEE. THERE ARE TWO LARGE SEATS, AND SHE QUALIFIES. THE ONE NOMINEE, ONE APPOINTEE, BUT SHE'S ALSO BEING NOMINATED FOR A DIFFERENT POSITION IN THE HOUSING AUTHORITY. WE'RE VOTING JUST ON THIS ITEM? ON THIS ITEM RIGHT NOW, YES. SO I THINK WE SHOULD, I APPOINTED HER TO THE HOUSING AUTHORITY, OBVIOUSLY SUBJECT TO COMMISSION VOTE. SUBJECT AFTER THAT, COMMISSIONER BOTT NOMINATED HER TO THE AFFORDABLE HOUSING. I MEAN, CHARLOTTE'S RIGHT HERE. WE CAN ASK HER. SHE CAN'T SIT ON BOTH, CORRECT? SHE ACTUALLY CAN. OH. YES. ARE YOU INTERESTED IN BEING ON BOTH? THE HOUSING AUTHORITY IS A STATE BOARD, SO IT'S NOT SUBJECT TO THE CITY RESTRICTIONS. SURE. I WANT TO BE RESPECTFUL OF YOUR TIME. THANK YOU FOR COMING, CHARLOTTE. OH, IT'S A PLEASURE. YEAH, NO, I WOULD BE HAPPY TO SERVE ON BOTH IF THAT'S DOABLE. OKAY. THANK YOU. I HAVE A QUESTION ON THAT. SO THE SEAT ON THE HOUSING AUTHORITY. WAS THAT A SEAT THAT WAS VACANT, OR WAS THE TERM LIMITED, OR WHAT WAS GOING ON WITH IT? THE SEAT ON THE HOUSING AUTHORITY WHERE TOMIC IS BEING APPOINTED IS CURRENTLY HELD BY FORMER MAYOR BAUER. HER TERM ENDED JANUARY 20TH, BUT AS THIS IS A STATE BOARD, THERE ARE NO TERM LIMITS. THERE'S A TERM, BUT THERE'S NO TERM LIMITS. SO WHY ARE WE MOVING HER? I GUESS THAT'S THE QUESTION. IS THERE NO TERM LIMITS? I MEAN, WE... OFTEN CHANGE BOARDS. I THINK CHARLOTTE, WHY DON'T YOU GIVE A LITTLE BIT OF YOUR BACKGROUND. I TALK TO CHARLOTTE VERY FREQUENTLY AND SHE HAS AN INCREDIBLE AMOUNT OF EXPERIENCE IN REAL ESTATE AND MARKETING AND I THINK HAS A LOT TO OFFER TO OUR CITY AND I THINK THIS IS A GREAT OPPORTUNITY TO MOVE FORWARD WITH SOME NEW IDEAS AND NEW PROJECTS. YEAH, WELL I’VE DONE A LOT OF WORK IN THE REAL ESTATE SPACE AND COMMERCIAL AND RESIDENTIAL REAL ESTATE. AND I’VE ALSO DONE WORK WITH NONPROFITS LIKE HOMES FOR ALL THAT ARE TRYING TO CREATE MORE AFFORDABLE HOUSING AS A STATE INITIATIVE, [07:15:02] AS WELL AS MY WORK IN PUBLIC RELATIONS. SO I THINK THAT I COULD COMBINE MY SKILLS IN BOTH AND TRY TO HELP THE CITY GET MORE DEVELOPERS TO PROVIDE AFFORDABLE HOUSING AS PART OF THEIR. YOU KNOW, INITIATIVES, AND I'D BE HAPPY TO TAKE ON THAT JOB IF IT'S AVAILABLE. THANK YOU. OKAY, SO FIRST I GUESS WE'RE VOTING ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE. THERE'S TWO SEATS AVAILABLE, ONE NOMINEE. YOU COULD DO THAT ONE BY ACCLAMATION IF YOU SO WISHED. BY ACCLAMATION? YEAH. GREAT. OKAY, GO IN AND ORDER. THE NEXT ONE IS ANIMAL WELFARE COMMITTEE. AT THE LAST COMMISSION MEETING, AN ORDINANCE WAS ADOPTED ALLOWING NONPROFIT ORGANIZATIONS THAT DEAL WITH ANIMALS TO ALSO MAKE NOMINATIONS. SO THIS IS THE FIRST NOMINATION MADE UNDER THAT CATEGORY BY SOBE CATS. THEY'RE NOMINATING AARON CHERONEY. SO ONE SEAT IS AVAILABLE, ONE NOMINATION. ANIMAL WELFARE COMMITTEE. SO MOVED. DO I HAVE AN AFFIRMATION WE COULD DO THAT ONE? YEAH. HEARING NO OPPOSITION, ACCLAMATION ON ANIMAL WELFARE COMMITTEE. THE BOARD OF ADJUSTMENT. HERE WE HAVE TWO SEATS AVAILABLE. THERE ARE THREE NOMINEES. SO THE COMMISSION WILL HAVE TO VOTE FOR TWO INDIVIDUALS. INDIVIDUALS BEING NOMINATED ARE MENDEL FELLIG FOR THE FINANCIAL CONSULTATION CATEGORY, JEFF SITTEMAN FOR THE LAW SLASH ENGINEERING CATEGORY. AND MICHAEL ROSEN FOR FINANCIAL CONSULTATION CATEGORY. ANY OF THOSE CATEGORIES ARE ACCEPTABLE, MEANING YOU DON'T HAVE TO DETERMINE. ANY OF THESE THREE INDIVIDUALS QUALIFY, YOU NEED TO VOTE FOR TWO. SO BOARD OF ADJUSTMENT. AND YOU ALSO HAVE A PAD IF YOU WISH TO. SO JEFF CAN TAKE THE ENGINEER SEAT, AND THEN WE HAVE TO VOTE FOR EITHER MENDEL OR MICHAEL? IT DOESN'T MATTER. WHAT SEATS BECAUSE WE HAVE ENOUGH SEATS FILLED ALREADY SO IT COULD BE BASICALLY TREAT THIS AS AN AT-LARGE IT DOESN'T MATTER WHAT CATEGORY THEY'RE IN THEY ALL QUALIFY AND THERE'S ENOUGH ROOM FOR ALL OF THEM THERE'S NOT A PROBLEM BECAUSE WE ALREADY HAVE THE MINIMUM CATEGORIES FILLED SO YOU ALSO HAVE A LITTLE PAD ON YOUR DESK IF YOU DON'T HAVE ONE I'LL BRING YOU ONE UH TO VOTE FOR TWO INDIVIDUALS MENDEL JEFF MICHAEL COMMISSION AS FAR AS YOU HAVE A PET THANK YOU. SO I’M GONNA ANNOUNCE THE VOTES. [07:20:23] COMMISSIONER SUAREZ VOTES FOR MR. ROSEN AND MR. FEHLIG. COMMISSIONER MAGAZINE, MR. ROSEN, MR. FEHLIG. MAYOR MINOR, MR. FEHLIG, MR. ROSEN. MR. MATTEL SALINAS, MR. FEHLIG, MR. CINNAMON. COMMISSIONER DOMINGUEZ, MR. FELLIG, AND MR. CINNAMON. COMMISSIONER FERNANDEZ, MR. FELLIG, AND MR. CINNAMON. COMMISSIONER BOTT, MR. FELLIG, AND MR. ROSEN. WE'LL VERIFY THE VOTES, BUT MENDEL FELLIG HAS SEVEN VOTES. MR. ROSEN HAS FOUR VOTES. THOSE ARE THE TWO MAJORITY. SO MR. FELLIG AND MR. ROSEN. WE'LL DOUBLE-CHECK THE VOTES ACCURATELY, BUT THOSE ARE WHAT I HAVE HERE. SO MR. FELLING IS APPOINTED, MR. ROSEN IS APPOINTED FOR THE CULTURAL ARTS COUNCIL. WE HAVE ONE SEAT AVAILABLE AND ONE NOMINEE, MS. DELIANA ALEXANDER, IF WE COULD DO THAT BY ACCLAMATION. SO MOVED. CULTURE HOUSE CANCELED BY ACCLAMATION. YES? SO APPOINTED. FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT COMMITTEE, THEY ARE NOMINATING THEIR OWN BOARD MEMBER. SO THE NORMANDY SHORES HOMEOWNERS ASSOCIATION IS NOMINATING RALEIGH HERNANDEZ TO SERVE ON THE BOARD. THE COMMISSION APPROVES THEIR NOMINEE. SO BY ACCLAMATION, MAY WE DO SO? YES. FOR THE SENIOR AFFAIRS COMMITTEE, MAYOR MINOR IS NOMINATING MISS STELLA LEMMA KLINGER. WE HAVE ONE SEAT AVAILABLE AND ONE NOMINEE. SO WE COULD DO THAT BY ACCLAMATION TO APPOINTING MISS LEMMA KLINGER TO THE SENIOR AFFAIRS COMMITTEE. SO DONE BY ACCLAMATION. NOW WE HAVE APPOINTMENTS TO THE HOUSING AUTHORITY THAT REQUIRE APPROVAL TO THE COMMISSION. THE MAYOR HAS APPOINTED TWO INDIVIDUALS THAT REQUIRE RATIFICATION OR APPROVAL BY THE COMMISSION. THE FIRST ONE IS MARGE KAGAN. SO MOVED. SO MAYOR MINER, MOTION BY COMMISSIONER FERNANDEZ, SECONDED BY MAYOR MINER. ALL IN FAVOR, PLEASE SAY AYE. AYE. CHARLOTTE COMIC IS NOMINATED FOR APPOINTMENT TO THE HOUSING AUTHORITY BY THE MAYOR IT REQUIRES RATIFICATION MR. MAYOR THANK YOU MR. MAYOR I HAVE GREAT RESPECT FOR FOR CHARLOTTE AND AND OF COURSE IT'S IT'S IT'S YOUR IS YOUR APPOINTMENT AND ALWAYS WANT TO GIVE DEFERENCE TO THAT. I REACHED OUT TO CHARLOTTE YESTERDAY BECAUSE I OF COURSE I LOVE THE WORK THAT CHARLOTTE DOES IN THE COMMUNITY. I ALSO HAVE GREAT RESPECT FOR MAYOR BAUER, WHO I’M SURE, AS YOU UNDERSTAND, IS SOMEONE WHO I RESPECT A LOT, WHO I’VE WORKED CLOSELY WITH OVER TIME. AND SHE CURRENTLY HOLDS THE SEAT. YOU KNOW, ONE OF THE THINGS THAT HAS BEEN BROUGHT TO MY ATTENTION REGARDING MAYOR BAUER. IT IS SAID SHE IS THE ONLY HISPANIC MEMBER OF THE HOUSING AUTHORITY, AND IT'S BEEN BROUGHT TO MY ATTENTION THAT THAT COULD CREATE A GAP IN REPRESENTATION AND PERSPECTIVE. FOR BOARDS THAT REFLECTS THE DIVERSITY OF THE COMMUNITY THAT'S THAT'S IMPORTANT FOR FOR THEIR TRUST AND SO YOU KNOW AND I ALSO KNOW THAT MOJ AND MADDIE HAVE WORKED VERY HARD I THINK MOJ SINCE 2017 MADDIE SINCE 2018 THEY'VE BEEN SERVING TOGETHER AND I’VE LEARNED YOU KNOW RECENTLY ABOUT SOME OF THESE SOME OF THESE INCREDIBLE ACHIEVEMENTS THAT THEY'VE DONE TOGETHER, I THINK THEY SECURED 306 NEW SECTION 8 VOUCHERS DURING THEIR TIME OF SERVICE. THEY'VE DOUBLED THE SECTION 8 HOUSE FUNDING AWARDED [07:25:01] BY THE FEDERAL GOVERNMENT. THEY'RE WORKING, AND I THINK A NUMBER OF US, WE'VE SEEN THE HOUSING FACILITY THAT THEY'RE WORKING ON WITH VISTA BREEZE THAT'S GOING TO BE COMPLETED BY THIS SUMMER. IT'S 119 SENIOR APARTMENTS THAT THEY'RE GOING TO BE COMPLETING. THIS SUMMER, THEY'VE ACQUIRED LAND TO ENABLE THE CONSTRUCTION OF 125 ADDITIONAL AFFORDABLE HOUSING UNITS IN MIAMI BEACH. THEY'VE ALSO WORKED ON COMPREHENSIVE OPERATIONAL AND ORGANIZATIONAL IMPROVEMENTS FOR THE LONG-TERM SUCCESS OF THE HOUSING AUTHORITY. THEY BROUGHT IN A NEW EXECUTIVE DIRECTOR. THEY'VE REALLY BEEN WORKING VERY, VERY HARD. ON THE HOUSING AUTHORITY. AND I THINK THAT THAT'S MADDIE AND MOJ. THEY'VE BEEN AN INCREDIBLE TEAM THERE ON THE HOUSING AUTHORITY. BUT VERY IMPORTANT, YOU KNOW, IS ALSO MAKING SURE THAT WE MAINTAIN THAT DIVERSITY, THAT THERE'S AT LEAST ONE HISPANIC MEMBER ON THE HOUSING AUTHORITY, JUST RECOGNIZING THAT SUCH A SIGNIFICANT POPULATION OF THE PEOPLE WHO ARE SERVED BY THE HOUSING AUTHORITY ARE ALSO HISPANIC. AND SO I CALLED CHARLOTTE YESTERDAY OUT OF RESPECT BECAUSE I LOVE THE WORK THAT YOU DO. WE'VE ALWAYS HAD A GREAT RELATIONSHIP, AND BECAUSE OF THAT, I WASN'T GOING TO BE ABLE TO SUPPORT OR VOTE TO RATIFY THE APPOINTMENT AT THIS TIME. AND I JUST WANTED TO SHARE WITH YOU WHY IT IS BECAUSE I ALSO WANT TO GIVE YOU THAT. FOR INSTANCE, IT'S YOUR APPOINTMENT, AND SINCE IT HAS TO BE RATIFIED BY THE COMMISSION, I WANTED TO EXPLAIN TO YOU WHY. I WASN'T GOING TO BE ABLE TO RATIFY THIS APPOINTMENT AT THIS TIME. OKAY, I'LL EXPLAIN MY DECISION, WHY I DID THIS. ONE, I WAS NOT AWARE OF WHAT YOU JUST MENTIONED ABOUT THE HISPANIC COMMITTEE MEMBERS. IT'S THE FIRST I HEAR OF THAT. THERE'S A FEW THINGS. MAYOR BAUER HAS SERVED WITH SUCH GREAT DISTINCTION, SO I PREFER NOT TO BE IN A POSITION TO HAVE WHY I’M EXPLAINING IT, BUT SINCE YOU'RE BRINGING IT UP, I’M SORT OF FORCED TO. THERE ARE CERTAIN THINGS I’VE SEEN. I'LL GIVE ONE EXAMPLE. AND I’M NOT SAYING IT'S MAYOR BAUER, THERE'S A COMMITTEE. I’M NOT EVEN SAYING THIS IS DIRECTED AT HER AT ALL. BUT I FELT THE COMMITTEE NEEDED A REALIGNMENT AND A NEW DIRECTION. FOR EXAMPLE, WHEN WE HAD THE BARCLAYS, THE BARCLAYS HAS BEEN AN ISSUE THAT HAS REALLY PLAGUED OUR CITY FOR A LONG TIME. AND WHEN WE FINALLY PUT IT OUT TO BID AND HAD A... DEVELOPER WITH A REASONABLE, THE HOUSING AUTHORITY KIND OF STEPPED IN AND REALLY SET US BACK, IN MY OPINION, YEARS. DID NOT DO OUR CITY WELL ON THAT ISSUE. I DID HEAR FROM SOME OF THE MEMBERS AS WELL THAT THEY FELT THAT THE COMMITTEE NEEDED A NEW FOCUS. AND, YOU KNOW, SOMETIMES IT'S NOT EASY. I DON'T WANT TO, I’M NOT LOOKING TO TRY TO TAKE AWAY FROM MADDIE BAUER. SHE WAS OUR MAYOR. STILL SERVES VERY ACTIVELY IN MANY DIFFERENT ROLES. BUT IT'S A COMMITTEE THAT I AM TASKED WITH MAKING APPOINTMENTS. AND SOMETIMES YOU HAVE TO MAKE TOUGH DECISIONS. MAYBE SOMETIMES THEY'RE A LITTLE BIT UNPOPULAR. BUT IN MY OPINION, I FEEL STRONGLY THAT THIS IS THE BEST DECISION FOR OUR CITY. AND THAT'S WHY I DID IT. AGAIN, CHARLOTTE IS SOMEONE I TALKED TO. PRETTY REGULARLY. IF SHE'S NOT TALKING TO ME, SHE'S TALKING TO SOMEONE ON MY TEAM. AND I BELIEVE, AND SHE'S ALWAYS, RIGHT, YOU'RE ALWAYS TALKING TO ME ABOUT, HEY, WHY IS THIS BUILDING VACANT? WHAT CAN WE DO TO FILL UP THIS? WHAT NEEDS TO BE DONE? AND CHARLOTTE'S LITERALLY GOING AROUND OUR CITY VERY ACTIVE, AND I JUST BELIEVE IT'S GOING TO BRING A NEW BLOOD AND NEW LIFE AND NEW IDEAS. AND THAT'S PART OF MY JOB TO MAKE SURE THAT THESE COMMITTEES MOVE FORWARD, AND I’M ACTUALLY VERY COMFORTABLE WITH MY DECISION. SURE. VICE MAYOR DOMINGUEZ. THANK YOU. AND I THINK CHARLOTTE IS TERRIFIC AS WELL. AND SHE'S SERVED ON OTHER COMMITTEES. I ALSO, YOU KNOW, MADDIE BAUER HAS BEEN SUCH A FORCE IN OUR CITY AND IN OUR HISTORY, AND I KNOW THAT SHE FIGHTS AND ADORES THIS PARTICULAR COMMITTEE. WE'RE ALL GOING TO BE FORMERS ONE DAY, AND I FEEL OUT OF RESPECT FOR MADDIE. SHE DESERVES TO BE ON THIS COMMITTEE, AND IF A NEW DIRECTION WAS SOMETHING THAT THIS COMMITTEE NEEDS, THERE ARE OTHER PEOPLE THAT COULD HAVE BEEN LOOKED AT WHERE CHARLOTTE COULD HAVE BEEN APPOINTED IN THERE. PLACE BUT OUT OF RESPECT FOR EVERYTHING MADDIE HAS CHAMPIONED IN OUR CITY I THINK SHE SHOULD HAVE BEEN NOTIFIED OR HAD A CONVERSATION I THINK IT'S A BIG DEAL AND NO TAKING [07:30:03] AWAY FROM CHARLOTTE BECAUSE I THINK YOU'RE TERRIFIC. LET ME CUT IN. MAYOR, IT'S NOT MY ROLE. MAYOR BAUER NEVER REACHED OUT TO ME. AND BY THE WAY, THAT'S NOT WHY I MADE THIS DECISION, BUT I’M JUST SAYING IT'S THE INCUMBENT ON THE PERSON WHO'S SEEKING THE POSITION TO EXPRESS INTEREST, AND I NEVER GOT THAT. SO I’M JUST SAYING. THANK YOU FOR CLARIFYING. I THINK IT'S MORE THAN ONE WAY. LET'S CALL A VOTE. WHAT ARE WE VOTING FOR? SO THE HOUSING COMMITTEE, I MAKE APPOINTMENTS. IT'S SOLELY IN MY... DISCRETION, AUTHORITY TO MAKE THE APPOINTMENT, BUT IT NEEDS TO BE RATIFIED. PICTURE A SUPREME COURT... SO IT'S NOT LIKE THERE'S A COMPETING INTEREST THAT WE'RE VOTING BETWEEN? NO, THEY CAN'T BE. AND THEY CAN'T BE. YOU CAN'T NOMINATE ANYBODY. PICTURE A SUPREME COURT JUSTICE EXAMPLE. I’M NOT TRYING TO COMPARE MYSELF TO A PRESIDENT OF THE UNITED STATES, BUT THE PRESIDENT MAKES NOMINATIONS FOR CABINET POSITIONS OR THE SUPREME COURT JUSTICES, AND CONGRESS CAN'T COME IN WITH SOMEONE ELSE. THEY EITHER RATIFY OR THEY REJECT. SO THAT'S PRETTY MUCH THE SITUATION WE'RE IN HERE. SO WE COULD DO IT ALL IN FAVOR. WE COULD DO IT. SURE. SO ALL IN FAVOR. SO CAN I JUST ASK FOR CLARIFICATION? IF CURRENTLY IS MADDIE AND SHE WOULD NEED TO BE REAPPOINTED, OR IF CHARLOTTE IS APPOINTED, THEN MADDIE DROPS OFF? SO THE WAY THIS WORKS, IF I MAY, THE HOUSING AUTHORITY. HAS TERMS, MAYOR BAUER'S TERM ENDED JANUARY 20TH, BUT UNTIL SOMEONE ELSE IS APPOINTED, THE HOLDOVER PERSON STAYS. SO IF NO ONE IS APPOINTED TODAY, MAYOR BAUER WOULD STAY FOR AN ADDITIONAL MONTH. IF THE VOTE IS RATIFIED FOR MS. TOMEK, AS SOON AS THE OATH IS DONE, MAYOR BAUER WOULD BE LEAVING. YEAH, I MEAN, I THINK WE... I MEAN, CHARLOTTE KNOWS, I THINK, THE WORLD OF HER BECAUSE WE MET WHEN I WAS FIRST RUNNING FOR OFFICE AND HIT IT OFF LIKE A HOUSE. ACTUALLY, BEFORE THAT, MBU, AND HIT IT OFF LIKE A HOUSE ON FIRE. SO TO ME, THIS IS AN OPPORTUNITY TO HAVE TWO REALLY STRONG, COMMITTED WOMEN SUPPORTING SOMETHING THAT IS SO IMPORTANT TO US. AND I WOULD LOVE TO SEE CHARLOTTE, WHICH, AS YOU AND I TALKED ABOUT, NOMINATED YOU TO THE HOUSING. AFFORDABLE HOUSING COMMITTEE BECAUSE THAT THAT WAY WE CAN HAVE A BETTER KIND OF UNION BETWEEN THE TWO AND AND BUILD SOMETHING THAT IS STRONGER THAN IT'S EVER BEEN AND SO I WOULD LOVE TO SEE THAT FOR A YEAR AND THEN SEE WHERE WE GO FROM THERE THAT'S THAT'S WHAT MY WISH WOULD BE WHAT'S THAT LET'S CALL THE VOTE ALL IN FAVOR OF CONFIRMING THE APPOINTMENT OF CHARLOTTE TOMEK TO THE HOUSING AUTHORITY. PLEASE SAY AYE. AYE. ANY OPPOSED? OPPOSED. OPPOSED. SO I HEAR OPPOSITION FROM COMMISSIONER FERNANDEZ, OPPOSITION FROM MATEO SALINAS, AND OPPOSITION FROM COMMISSIONER DOMINGUEZ. AND FROM ME. AND BART. SO THAT IS FOUR. THE APPOINTMENT IS NOT CONFIRMED. CHARLOTTE, THANK YOU FOR SUBMITTING YOUR NAME. I THINK THIS WAS A DISSERVICE TO OUR CITY TODAY. I THINK YOU WOULD HAVE BROUGHT IN SOME NEW IDEAS AND NEW BLOOD TO A COMMITTEE THAT I KNOW WORKS HARD BUT REALLY DOES NEED SOME NEW DIRECTION. SO, MAYOR, IT'S BEEN BROUGHT TO MY ATTENTION THAT FOR THE BOARD OF ADJUSTMENT, IT REQUIRES FIVE AFFIRMATIVE VOTES TO APPOINT SOMEONE. MR. FELLING HAD SEVEN VOTES. IT WAS UNANIMOUS. BUT THE OTHER TWO INDIVIDUALS DID NOT REACH THE FIVE VOTES. SO I WOULD REQUIRE A VOTE OF MR. CINNAMON AND MR. ROSEN TO SEE IF WE CAN GET TO THE FIVE VOTES. SUPPORT ON MR. ROSEN. SO IF THAT'S THE CASE, JUST SO WE HAVE MR. ROSEN WAS COMMISSIONER SUAREZ. MR. ROSEN WAS COMMISSIONER MAGAZINE. MR. ROSEN WAS MAYOR MINOR. LET'S SEE. COMMISSIONER BOTT IS WHO? SO MR. ROSEN, SO YOU'RE, SO WE GOT MR. ROSEN, SO I’M SORRY, CAN YOU, I GOT LOST THERE SOMEWHERE. SO COMMISSIONER FERNANDEZ, [07:35:01] YOU'RE MOVING IT TO WHO? FROM CINNAMON TO ROSEN. THAT WOULD TAKE US TO FIVE. BUT I JUST ASKED YOU ABOUT THIS VOTE, AND I WANTED TO RECONSIDER. OKAY, SO YOU WANT TO MOVE YOUR VOTE? TO CINNAMON, I’M SORRY. OKAY, SO THEN LET'S TAKE A VOTE. AND THEN LEAVE THIS WITH NOBODY. WITH NOBODY, YEAH. OTHER PEOPLE CAN RECONSIDER AS WELL. OKAY, SO WHY DON'T WE WRITE IT ON THE PIECE OF PAPER, AND SO YOU HAVE MR. CINNAMON AND MR. ROSEN. TO GET APPOINTED, YOU NEED FIVE. I WOULDN'T KNOW. SO I KNOW WE'RE GOING BACK ON THIS. I MEAN, I HAVE SOME, I RESPECT MAYOR BAUER GREATLY. I HAVE SOME OPEN SPOTS ON MY COMMITTEE. I DON'T THINK SHE WOULD LOVE THE NIGHTLIFE INDUSTRY TASK FORCE. IT'LL BE AN OPTION TO HER BUT I HAVE OTHER POLICE CITIZENS RELATIONS COMMITTEE DISABILITY ACCESS COMMITTEE I KNOW OH SHE DOES OKAY SO I’M GONNA GO OVER THE VOTES RECEIVED COMMISSIONER MATTEL SALINAS IS MR. CINNAMON COMMISSIONER FERNANDEZ IS MR. ROSEN COMMISSIONER DOMINGUEZ IS MR. CINNAMON. COMMISSIONER BOTT IS MR. CINNAMON. COMMISSIONER MAYER-MINER IS MR. ROSEN. COMMISSIONER SUAREZ IS MR. ROSEN. AND COMMISSIONER MAGAZINE IS MR. ROSEN. FOR THREE, WE NEED A FIVE VOTE. DO YOU WANT TO? SO CAN WE DEFER THIS ONE A MONTH THEN? AND THEN THAT WAY WE CAN ALL, I MEAN, I HAVEN'T MET WITH THE CANDIDATES. I REVIEWED THEIR PAPERWORK, BUT MAYBE WE CAN GO THAT ROUTE. SO WE ARE GOING TO DEFER THE JEFF CINNAMON, MICHAEL ROSEN VOTES TO MAY 20TH, AND WE WILL SEND AN EMAIL TO THE TWO CANDIDATES REQUESTING THAT THEY MEET WITH YOU. [R9 AF DISCUSS/TAKE ACTION – CONSIDER THE FOLLOWING OPTIONS REGARDING SANITATION COMMERCIAL IMPACT FEES: (1) IMPLEMENT A RETROACTIVE CATCH-UP OF THE PROPOSED SANITATION COMMERCIAL IMPACT FEES AND TO INCLUDE AN AUTOMATIC ANNUAL CONSUMER PRICE INDEX (CPI) ADJUSTMENT; (2) PHASE IN THE PROPOSED FEE INCREASE; (3) PROVIDE EXEMPTIONS FOR SMALLER AND OLDER BUILDINGS; (4) APPLY THE CPI ADJUSTMENT GOING FORWARD; OR (5) TAKE NO ACTION.] WE ARE DONE. R9AF IS DISCUSS, TAKE ACTION, PROPOSE SANITATION, COMMERCIAL IMPACT FEES, CATCH-UP, AND ADJUSTMENT OPTIONS. R9AF. HEY, JOHN. GOOD AFTERNOON, COMMISSIONER. JOHN NORRIS, PUBLIC WORKS DIRECTOR. BRING BACK THIS ITEM WITH SOME CHANGES THAT WE DISCUSSED AT THE LAST MEETING WHEN WE BIFURCATED THIS, SEPARATE FROM THE WATER AND SEWER IMPACT FEES, WHICH WE PASSED AS A SECOND READING EARLIER WITH JUST CPI INCREASE. I DO HAVE A PRESENTATION IF WE COULD PULL IT UP. IT'S NOT A LONG PRESENTATION. ALL IT DOES IS SHOW THE ACTUAL CHARTS THAT ARE SHOWN ON THE MEMO THAT YOU'VE RECEIVED SO THIS WAS WHAT WAS ORIGINALLY PROPOSED AT THE LAST MEETING WHICH SHOWS THE CATCH-UP SINCE THESE HAVE NOT BEEN INCREASED IN ABOUT 30 YEARS THE NEXT SLIDE THIS ONE SHOWS SPLITTING UP THAT INCREASE OVER THE NEXT TWO FISCAL YEARS, WHICH WOULD BASICALLY SOFTEN [07:40:01] THE BLOW A LITTLE BIT. AND THEN THE THIRD CHART, THIS SHOWS ACTUALLY TAKING THE ZERO TO 25 UNIT CONDOMINIUMS AND ONLY DOING A CPI INCREASE RATHER THAN A CATCH-UP MOVING FORWARD. SO WHAT THAT DOES, IT REALLY SOFTENS THE BLOW ON THE SMALLER UNIT BUILDINGS, WHICH THIS DOES NOT APPLY TO THE TWO TO EIGHT UNITS ANYMORE BECAUSE THEY ARE NOW ON THE SINGLE-FAMILY RESIDENTIAL CONTRACT. SO WE'RE BASICALLY TALKING ABOUT THE NINE-UNIT TO 25-UNIT BUILDINGS WOULD ONLY HAVE A CPI INCREASE AND NO CATCH-UP MOVING FORWARD. THIS SHOWS A REDUCTION IN REVENUE OVER THE NEXT TWO FISCAL YEARS. YOU CAN SEE IN FY27. WE WOULD BE LOSING ABOUT $251,000 FROM THE ORIGINAL PROPOSAL, AND THEN THAT WOULD COMPOUND IN 2028 TO ABOUT $500,000 LESS REVENUE. SO THESE ARE THE THREE OPTIONS THAT WE HAVE ON THE TABLE THAT WERE KIND OF DISCUSSED, AND I’M HAPPY TO ANSWER ANY QUESTIONS. SO, THROUGH THE CHAIR, VICE CHAIR, THANKS. SO, JOHN, ESSENTIALLY YOU'RE ASKING US TO CATCH UP ON 35 YEARS IN A PERIOD OF HOW LONG? THE ORIGINAL PROPOSAL WAS TO CATCH IT UP IN ONE YEAR. THE SECOND ONE WAS IN TWO YEARS. THE THIRD ONE WAS TWO YEARS WITH NO CATCH-UP FOR THE... 0 TO 25 UNITS. AND THIS GOES ON OUR WATER BILLS? THIS WOULD GO ON OUR WATER BILLS? THIS WOULD ACTUALLY COME FROM THE SOLID WASTE BILL FROM THE HAULER. BECAUSE THESE ARE ALL SERVED BY A HAULER. IF YOU ARE A SINGLE FAMILY RESIDENTIAL CUSTOMER, THEN IT GOES ON YOUR WATER BILL FOR YOUR TRASH. BUT THESE ARE BILLED DIRECTLY FROM THE HAULER. DO WE HAVE, IT WAS ACTUALLY ONE OF THE FIRST ITEMS THAT WE TOOK UP AFTER BEING ELECTED, WHAT IS THE STATUS OF A CONTRACT WITH THE HAULERS? SO CURRENTLY WE HAVE THE RESIDENTIAL CONTRACT, WHICH GOES FROM SINGLE FAMILY UP TO EIGHT-UNIT BUILDINGS. AS OF RECENTLY, WE ARE WORKING ON NEGOTIATIONS TO ENCLAVE. TO INCLUDE 9 TO 16 UNITS INTO THAT CONTRACT, AND WE ARE READY TO GO OUT FOR AN RFQ FOR MULTIPLE HAULERS FOR THE COMMERCIAL MULTIFAMILY CONTRACT. SO ARE YOU DONE? NO, JUST ONE SECOND. SO THESE ARE OUR RATES? THESE AREN'T THE HAULERS' RATES? THESE ARE OUR RATES. THEY COME BACK TO THE CITY. BUT THEN THE HAULERS IMPOSE THEIR OWN RATES ON TOP OF THAT? IS THAT HOW IT WORKS? CORRECT. YES, THERE'S THE HAULERS' RATES TO HAUL AND DISPOSE OF THE TRASH, BUT THIS IS WHAT, AND FRANCHISE FEES COME BACK TO THE CITY. GOT IT. SO WHAT SPECIFICALLY DO THESE FEES COVER? THESE COVER, SPECIFICALLY, THEY WERE ESTABLISHED TO INCREASE THE STREET SWEEPING PROGRAM, BUT THEY GENERALLY... THEY FUND SANITATION ACTIVITIES WITHIN THE CITY YOU KNOW WE'RE A LITTLE UNIQUE WITH OUR SANITATION DIVISION WHERE WE HAVE A LOT MORE LITTER PICK UP AND CLEANING UP AROUND THE CITY WHEREAS MOST CITIES THEY'RE JUST PICKING UP TRASH BUT WE HAVE QUITE A BIT OF ACTIVITIES EXPANDING THE PRESSURE WASHING AND THE STREET SWEEPING THROUGHOUT THE CITY SO THE FEES THAT WE HAVE WHETHER WE STAY AT THE CURRENT LEVEL OR WE GO TO THE MOST... MODEST STEPPED UP FEES COVER HIGH-IMPACT WEEKEND SANITATION ACTIVITIES, SO MEMORIAL DAY, ART BASEL, THE ENTIRE MONTH OF MARCH, ANY KIND OF FOOTBALL OR FIFA STUFF, WHICH IS NOT A NORMAL BUDGETED EVENT BECAUSE IT'S STUFF THAT ONLY HAPPENS ONCE EVERY SO OFTEN. IN SOME CASES, IT'S NEVER HAPPENED BEFORE, LIKE FIFA. IT COVERS THE PROGRAMS THAT COMMISSIONER SUAREZ BROUGHT, THE GUM REMOVAL AND THE STREET CLEANING FOR RESIDENTIAL. [07:45:02] IT COVERS THE INCREASED CLEANING ON LINCOLN ROAD, 200 AND 300 BLOCKS. IT COVERS CLEANING AFTER WHO KNOWS WHAT OTHER EVENTS, IN ADDITION TO THE REGULAR. SANITATION MAINTENANCE, SO RESTOCKING THE DOG POOP STATIONS, WOULD THAT COVER NOT SO MUCH? YES. MAYBE? THAT WOULD. OKAY, WHICH IS SOMETHING THAT MOST CITIES DON'T DO, AND WHENEVER A RESIDENT ASKS FOR, YOU KNOW, THERE'S SOMEBODY IN MY NEIGHBORHOOD WHO DOESN'T HAVE CLEAN UP AFTER THEIR DOG, CAN WE HAVE A DOG POOP STATION? WE PUT IN A TRASH CAN AND A DOG POOP STATION. IT COVERS THE THINGS THAT OUR RESIDENTS ARE EXPECTING US TO DO BECAUSE THAT'S WHAT WE'VE TOLD THEM WE DO FOR THEM. THE PROBLEM, AND I’M JUST TRYING TO MAKE SURE I UNDERSTAND THIS CORRECTLY, THE PROBLEM IS WE HAVE BEEN INCREASING OUR LEVELS OF SERVICE QUITE SIGNIFICANTLY AND HAVE NOT INCREASED OUR REVENUE TO COVER THE COST OF THOSE SERVICES IN 35 YEARS. IS THAT AN ACCURATE SUMMATION? THIS PORTION OF THE REVENUE, I WOULD SAY. SO THERE ARE OTHER REVENUE SOURCES. FOR THE SANITATION DIVISION. THIS IS A PART OF THAT REVENUE STREAM THAT FUNDS OUR SANITATION ACTIVITIES. SO DO THE OTHER PORTIONS OF THE FUND THAT COVER THE ENTIRETY OF THE SANITATION ACTIVITIES, ARE THEY GOING UP? HAVE THEY GONE UP? THEY GO UP, EXCUSE ME, THEY GO UP BECAUSE THEY ARE A PERCENTAGE, LIKE FRANCHISE FEES ARE A PERCENTAGE OF THE COMMERCIAL WASTE BILL THAT THE CUSTOMERS GETTING. SO AS THERE ARE INCREASES, WE DO SEE INCREASED REVENUE FROM FRANCHISE FEES. SO WE WILL BE HAVING TO, AS WE NEGOTIATE THE CONTRACTS, WE WILL HAVE INCREASED RATES ON THAT PORTION OF THE BILL? NO. SO THERE IS ACTUALLY A POTENTIAL WHEN WE GO TO A MULTIPLE HAULER TYPE SYSTEM, IF WE WENT WITH FIVE HAULERS, THAT'S GOING TO CREATE MORE COMPETITION. YOU COULD ACTUALLY SEE PRICES. GO DOWN, AND THAT'S ACTUALLY WHAT WE'RE HOPING FOR THE PROPERTY OWNERS IN THE CITY. SO, YOU KNOW, I MEAN, I’M THE ONE WHO'S LIKE, WHAT THE HELL, WE HAVEN'T RAISED THESE IN 35 YEARS. THREE YEARS AGO, WHEN WE FIRST STARTED TALKING ABOUT THINGS, THE ECONOMY WAS NOT AS TERRIBLE AS IT IS RIGHT NOW. SO IS THERE A POSSIBILITY THAT WE COULD DO A VERY MODEST... INCREASE AND THEN WAIT UNTIL YOU KNOW IN A SHORT TERM OR WHAT LET ME ACTUALLY LET ME THINK ABOUT THIS FOR A SECOND COULD WE ACTUALLY HOLD OFF ON THIS UNTIL WE NEGOTIATE THE WASTE HAULER BECAUSE IF THERE'S GOING TO BE A SAVINGS FROM HAVING INCREASED COMPETITION AND THEN WE CAN INCREASE OUR OUR FEES BUT IT'S A NET ZERO CHANGE FOR THE RESIDENTS, THAT MIGHT BE THE BEST POSSIBLE OUTCOME. MY RECOMMENDATION AT THIS POINT, IF WE'RE LOOKING AT HOW THE COMMERCIAL CONTRACT IS GOING TO AFFECT REVENUES, WOULD BE TO, AT THE BARE MINIMUM, LET'S PUT A CPI INCREASE ON THIS RIGHT NOW SO WE DON'T FIND OURSELVES IN THE SAME SITUATION IN 30 YEARS. AND THEN WE REASSESS. AS WE'RE LOOKING AT WHAT THE POTENTIAL REVENUE CHANGE COULD BE FROM THE COMMERCIAL CONTRACT? I WOULD BE OKAY WITH THAT. THROUGH THE VICE MAYOR? YES. I JUST WANTED TO PUT A LITTLE BIT OF CONTEXT ON THIS. I KNOW IT DOES SEEM LIKE LARGE NUMBERS, BUT THESE ARE NUMBERS AGGREGATED THROUGH BUILDINGS WITH 26 TO 50 UNITS. 51 TO 75 UNITS 76 TO 100 UNITS SO THE INCREASE THAT YOU'RE TALKING ABOUT IS APPROXIMATELY 50 CENTS PER UNIT MONTHLY ON MOST OF THESE BUILDINGS SO I’M JUST TALKING ABOUT I’M JUST LETTING YOU KNOW SANITATION FUND HAS A STRUCTURAL IMBALANCE AND I KNOW JASON LIKES TO IDENTIFY FUNDS THAT HAVE STRUCTURAL IMBALANCE MEANING THAT WE'RE PROVIDING MORE SERVICE THAN WE'RE COLLECTING REVENUE FOR ON AN ANNUAL BASIS AND SO WE'RE EATING INTO THE FUND BALANCE TO THE POINT WHERE YOU KNOW IN THE NEXT COUPLE OF YEARS WE'RE GONNA HAVE SOME VERY DIFFICULT CONVERSATIONS HAPPY TO HAVE THEM WOULDN'T THE WASTE HAULER THE COMMISSIONER ABOUT SAYING IF WE HAD IF WE HAD MORE CLARITY ON WHERE THE WASTE HAULER IS THEN THAT COULD POTENTIALLY EFFECT THAT BUTTON, CORRECT? HAPPY TO BRING IT BACK. AT THAT TIME, I JUST WANT TO PUT A FOOTNOTE ON THIS, [07:50:02] THAT THIS IS ONE OF THE BEST WAYS TO ADDRESS THE STRUCTURAL IMBALANCE IN THE FUND. SO A COUPLE THINGS. ONE IS I WOULD DEFINITELY DO THE CPI NOW GOING FORWARD. THAT'S JUST BASIC BOOKKEEPING. AND IT'S WILDLY IRRESPONSIBLE FOR US TO PRETEND THAT THAT SHOULDN'T HAVE BEEN DONE 35 YEARS AGO. WE WOULD NOT HAVE BEEN IN THIS MESS NOW. AND FOR US TO KICK THAT DOWN THE ROAD, I’M NOT HAVING IT. FOR MYSELF. SECOND OF ALL, IT WOULD BE VERY USEFUL TO SEE THESE NUMBERS BROKEN OUT PER UNIT BECAUSE IF IT IS REALLY 50 CENTS PER UNIT PER MONTH, THAT'S A PRETTY DIFFERENT CONVERSATION THAN $24. THE WAY PEOPLE READ IT, THE WAY I READ IT, AND I’VE TALKED ABOUT THIS A BUNCH OF TIMES, I FORGOT ABOUT THIS, IS THAT IT'S $24 TO MY BILL, BUT IT'S NOT. SO I THINK WE NEED TO MAKE SURE THAT THAT IS COMMUNICATED. AND IF THAT IS REALLY TRULY THE CASE THAT ACROSS THE BOARD THIS IS LIKE A 50 CENT INCREASE NO MATTER WHAT SIZE BUILDING YOU LIVE IN EXCEPT FOR THE SMALLER ONES WHO ARE GOING TO BE COVERED SEPARATELY SO THEY'RE NOT GOING TO HAVE AN INCREASE AT ALL THEN TO ME THAT'S A VERY DIFFERENT CONVERSATION THEN IF IT'S A $24 PER MONTH INCREASE, BUT THAT MEANS THAT WE NEED YOU TO YOU KNOW, PINKY SWEAR IT'S 50 CENTS PER UNIT, YOU KNOW IN EVERY IN EVERY SITUATION. SO MIGHT IT MAKE MORE SENSE TO THE CPI TODAY AND MAKE THAT GOING FORWARD AND THEN BRING BACK THE CHARTS IN MAY AND JUST CONFIRM THE MATH IS CORRECT AND EVERYBODY CAN SEE IT? AND SO WE DON'T HAVE RESIDENTS HAVING A NERVOUS BREAKDOWN EMAILING US WHY WE JUST JACKED THEIR TRASH BILL BY $24 A MONTH, WHICH IS NOT WHAT YOU'RE SAYING IS NOT GOING TO BE WHAT'S HAPPENING, BUT THAT'S THE WAY IT'S GOING TO BE READ. AGAIN, THROUGH THE CHAIR. SO JUST TO POSITION US ACCURATELY THIS IS A DISCUSSION ITEM IT'S NOT AN ORDINANCE ULTIMATELY THIS WOULD HAVE TO BE DONE BY ORDINANCE SO THIS WOULD HAVE TO COME BACK TWO MORE TIMES NO MATTER WHAT WE'RE JUST HAVING THE CONVERSATION TODAY TO TALK ABOUT HOW DO WE WANT TO POSITION OURSELVES MOVING FORWARD I THINK THERE'S PROBABLY SOME VALUE IN DOING SOME ADDITIONAL BREAKDOWN, BUT WE DIDN'T WANT TO GO THROUGH THAT ADDITIONAL STEP OF PUTTING THE ORDINANCE BACK ON IF THERE WASN'T AN APPETITE TO TAKE THAT UP AT THIS TIME. SO EVEN IF WE WANTED TO DO THE CPI TODAY, WE COULDN'T? IT HAS TO WAIT UNTIL THE ORDINANCE? IT HAS TO COME BACK AS AN ORDINANCE. SO WHAT I’M GETTING FROM THIS IS THAT YOU GUYS HAVE VERY THOUGHTFULLY PUT THIS TOGETHER FOR US SO THAT WE CAN HAVE A DRESS REHEARSAL FOR HOW WE'RE GOING TO HAVE... HANDLE THE WATER AND SEWER IMPACT FEE DISCUSSIONS. THAT WAS A JOKE. IT CLEARLY DID NOT LAND AT ALL. OKAY SO SINCE NOBODY ELSE WAS TALKING ABOUT THIS WHY DON'T YOU COME BACK TO US WITH IT AT CPI INCREASE AND THE MATH BEHIND WHAT THE PER UNIT COST WILL BE. POTENTIALLY IT'S A FIRST READING. I MEAN, I DEFER TO YOU GUYS IF YOU THINK WE CAN GO FROM THIS DISCUSSION TO A FIRST READING. AND THEN, I MEAN, AT THE END OF THE DAY, YOU KNOW, PUBLIC SAFETY AND UTILITIES ARE THE FUNDAMENTAL FUNCTION OF GOVERNMENT. AND IF WE CAN'T PAY FOR WHAT WE'RE DELIVERING, THAT'S A BIG PROBLEM. AND WE CAN HAVE ALL THE BELLS AND WHISTLES IN THE WORLD AND FIGHT ALL THE FIGHTS THAT WE WANT ABOUT HOW THINGS GET DONE. BUT IF WE CAN'T MAKE SURE THAT OUR TRASH IS PICKED UP AND THAT OUR... TOILETS FLUSH WHEN NEEDED AND WE CAN DRINK CLEAN WATER. IT'S A PROBLEM. I MEAN, I WAS IN NEW YORK WHEN THEY HAD THE TRASH STRIKE. I CAN TELL YOU THAT'S NOT SOMETHING YOU WANT TO DO. IT SUCKED. AND IF I COULD CORRECT THE RECORD. WHAT WAS THAT? SOMETHING I'D SAID. 70S. THE IMPACT FEES WERE ACTUALLY COLLECTED ON THE WATER BILL. JASON GREEN CORRECTED ME, SO I JUST WANTED TO MAKE THAT CLEAR. I’M SORRY, I WAS BUSY DEFENDING MY HONOR. WHAT WAS THAT? JASON CORRECTED ME THAT THE IMPACT FEES ARE COLLECTED ON THE WATER BILL, NOT ON THE WASTE HAULER BILL. JUST WANTED TO CORRECT THE RECORD ON THAT. OKAY. SO IT'S THE WATER BILL? YES. IT'S NOT THE BIG FIGHT THAT WE'RE GOING TO HAVE ON THE WATER BILL. IT JUST GETS DELIVERED VIA THE WATER BILL, SO WE'RE NOT SENDING OUT TO... RIGHT, BUT IT'S JUST ANOTHER... VICE MAYOR DEMANGAS. I JUST HAD A QUESTION FOR THE CITY ATTORNEY. SO THIS NEEDS TO COME BACK AS AN ORDINANCE, WHICH NORMALLY HAS A SPONSOR. CAN WE PUT OUT ON THE DAY OF TODAY FOR THE SPONSOR TO BE THE CITY MANAGER? WELL, THAT'S SOMETHING THAT WE NEED TO WORK ON AN ORDINANCE TO ALLOW... FOR THE MANAGER TO PLACE ORDINANCES ON THE AGENDA [07:55:01] BECAUSE CURRENTLY THAT IS NOT PERMITTED UNDER SECTION 214 2-14 WELL ONE OF YOUR COLLEAGUES MAY BE WORKING ON AN ITEM TO DO THAT SO I EXPECT TO SEE THAT POTENTIALLY NEXT MONTH MISSIONARY MAGAZINE. JOHN, JUST WHILE WE HAVE YOU AND WE'RE TALKING ABOUT SANITATION AND THINGS LIKE THAT, ANY QUICK UPDATE ON THE GUM REMOVAL AND POWER CLEANING PROCESS? I KNOW THIS WAS AN INITIATIVE THAT PREDATED YOU, RIGHT? AND AS THESE MACHINES WERE EXPLAINED TO ME AT THE TIME, THEY WERE SO INTENSE AND POWERFUL THAT WE COULDN'T EVEN USE THEM OURSELVES BECAUSE I VOLUNTEERED TO HELP MY TIME. HE SAID, I'LL GO OUT THERE AND DO THIS. HE SAID, OUR PUBLIC WORKS DIRECTOR AT THE TIME SAID, COMMISSIONER, WE'D LOVE TO, BUT THESE MACHINES ARE SO INTENSE, WE WOULD HAVE TO DO A THOROUGH TRAINING. POINT BEING, I WOULD EXPECT TO NOTICE THEM. I AM AROUND OUR CITY QUITE OFTEN, AND I’VE NEVER SEEN ONE OF THESE MACHINES IN USAGE. AND ANECDOTAL, BUT A LOT OF AREAS. THE SIDEWALKS THAT I TRAVEL AND NOTICE THAT DON'T SEEM TO BE SATISFACTORY, WHERE ARE WE AT IN THIS GUM REMOVAL AND CLEANING PROGRAM? THEY ARE IN USE. I WOULD LIKE TO COME BACK WITH AN UPDATE OR DELIVER AN UPDATE BY E-MAIL IF I COULD BECAUSE I DON'T HAVE EXACT INFORMATION. I AM CONFIDENT THAT YOU COULD OPERATE ONE OF THE MACHINES. QUITE LITERALLY, SIGN ME UP. NO, ME TOO. I LOVE POWER WASHING. THIS NEEDS TO BE DONE. I MEAN, YOU KNOW, DOWN IN SOUTH POINT DRIVE, I WAS NOTICING IT'S DISGUSTING, RIGHT? THIS IS, LIKE I SAID, IT'S A THEME I’M GOING TO CONTINUE HARPING ON. WE HAVE TO TAKE BETTER CARE OF THE APPEARANCE AND AESTHETICS OF OUR CITY. AND WE BROUGHT THE TOOLS FORWARD TO BE ABLE TO DO SO. I WOULD EXPECT TO SEE THESE MACHINES QUITE LITERALLY IN MOTION AND WORKS 24-7, RIGHT? AND WE COULD EVEN GO AS FAR AS WHEN THEY'RE NOT. RENT THEM OUT TO OTHER MUNICIPALITIES. WE COULD RENT THEM OUT TO THE MIAMI DDA OR OTHER PLACES THAT DON'T WANT TO MAKE THAT. I CAN ASSURE YOU THAT THE MACHINES ARE BEING USED AND I DO A RIDE AROUND TOWN MOST MORNINGS WHERE I GO IN THE ENTERTAINMENT DISTRICT AND CHECK EVERYTHING OUT AROUND 06, 30, 7 O'CLOCK AND YOU CAN SEE EVERYBODY IN ACTION. I MEAN EVERYTHING IS HAPPENING AS FAR AS KEEPING THE CITY CLEAN. A LOT OF PRESSURE WASHING, A LOT OF SWEEPING, A LOT OF BLOWING, TRASH PICKUP. SO MAYBE I JUST HAD THE WRONG PERCEPTION BECAUSE OF HOW THE MACHINE WAS PRESENTED, BUT I WAS LIKE, WOW, WHEN I SEE THIS IN MOTION, I’M LIKE, WOW. AND I HAVEN'T SEEN THAT YET. YOU HANG OUT IN THE WRONG PART OF THE DAY. COULD BE. SO I LOOK FORWARD TO THE UPDATE. YES, SIR. ALL SET? WE NEED AN ACTION. I THINK THE DIRECTION IS TO DO CPI PLUS BRING BACK THE MATH. AS A FIRST READING ORDINANCE POSSIBLY AT THE NEXT MEETING? YEP. YEAH. THAT'S MY MOTION. SECOND. [C7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE AT ITS APRIL 1, 2026 MEETING TO BRING BACK AN ORDINANCE FOR FIRST READING PUBLIC HEARING AND DISCUSSION RELATED TO THE WATER, SEWER, AND STORMWATER RATES.] SO A MOTION BY COMMISSIONER BOTT TO BRING BACK AN ORDINANCE AT THE NEXT MEETING. I GOT IT BY COMMISSIONER FERNANDEZ. ALL IN FAVOR, PLEASE SAY AYE. AYE. ANY OPPOSED? NONE. DIRECTION IS GIVEN 7-0. CONGRATULATIONS EVERYBODY FOR DOING A HARD THING TOGETHER. AWESOME. IT'S CALLED C7P. C7P IS ACCEPT RECOMMENDATION BRING BACK ORDINANCE RELATED TO WATER, SEWER, AND STORMWATER RATES. C7P WAS SEPARATED BY COMMISSIONER BOTT, COMMISSIONER DOMINGUEZ, COMMISSIONER MATEO SALINAS, AND COMMISSIONER SUAREZ. C7P. ALL RIGHT. WE HAVE TO TALK ABOUT IT. THIS IS THE ELEPHANT IN THE ROOM. WE CAN JUST NOT BRING IT TO COMMISSION. AND OUR RESIDENTS CALL US BECAUSE THERE'S A SINKHOLE WHERE THEIR TRUCK FILLED IN LIKE IN NORTH BEACH A COUPLE YEARS AGO. OR THEIR LIVING ROOMS ARE FLOODED BECAUSE THE NEIGHBORHOOD IMPACT PROJECT HAS NOT BEEN FUNDED BECAUSE WE DIDN'T DO THIS. OR WE HAVE 18 BUILDINGS IN NORTH BEACH COMING UP, AND GUESS WHAT? NOBODY CAN FLUSH THEIR TOILET BECAUSE WE DON'T HAVE MONEY IN THE ENTERPRISE FUND TO PAY FOR THIS. WE CAN KICK IT DOWN THE ROAD ANOTHER 10 YEARS, AND THE COST THAT WE HAVE NOW WILL BE [08:00:01] INFLATED BY WHATEVER THE INFLATION IS BETWEEN NOW AND 10 YEARS. AND GIVEN THE TRAJECTORY IT'S BEEN ON FROM 10 YEARS AGO, IT'S GONNA BE. TO BE MUCH MORE EXPENSIVE. SO THIS IS NOT VOTING ON THE ISSUE TODAY. THIS IS VOTING ON GIVING US THE OPPORTUNITY TO HAVE A ROBUST DISCUSSION WITH MATERIALS PREPARED BY STAFF TO TALK ABOUT WHAT NEEDS TO HAPPEN AND WHAT IS THE BEST WAY TO MOVE FORWARD, OR IF WE WANT TO KICK THE CAN DOWN THE ROAD FOR ANOTHER DECADE, WHICH IS WHERE WE ARE, BECAUSE... COMMISSION DID EXACTLY THAT AND WE WILL BE DOING OUR COMMUNITY, OUR RESIDENTS, OUR HOSPITALS, OUR BUSINESSES A HUGE DISSERVICE. CAN YOU IMAGINE HOW MUCH IS ROBERT RIVATI SPENDING ON THIS BUILDING? OKAY, SO SOMEBODY COMES IN TO INVEST $110 MILLION TO BUILD CLASS X OFFICE SPACE WITH A TENANT DEVELOPER AGREEMENT. BENEFITS TO THE COMMUNITY AND THEY ARE CHARGING TOP DOLLAR FOR PEOPLE TO COME IN AND RUN THEIR BUSINESSES IN THE SUPER GLAMOROUS GORGEOUS BEAUTIFUL DESIGN IT LOOKS LIKE IT'S IN THE FIELD OF DREAMS MOVIE BUILDING MAYBE YOU KNOW MAYBE KEVIN COSTNER WILL HAVE A FAMILY OFFICE HERE ONE CAN VOTE AND THEY ARE HOSTING A CLIENT MEETING TO CLOSE THE DEAL SOMEBODY EXCUSES HIMSELF TO GO TO THE BATHROOM AND THE TOILET BACKS UP. ARE WE GOING TO SAY THAT WE ARE A WORLD-CLASS CITY, THAT WE ARE THE LEADERS IN SUSTAINABILITY AND RESILIENCY? AMY, YOU JUST TOURED PEOPLE FROM THE NETHERLANDS COMING HERE LAST WEEK, RIGHT? FROM THE NETHERLANDS, COMING HERE TO MIAMI BEACH TO LEARN HOW TO LIVE. DOING THINGS TO PREVENT CATACLYSMIC OUTCOMES IN THE NEXT NUMBER OF YEARS. SO THIS ISN'T EVEN ABOUT WHETHER OR NOT WE'RE GOING TO VOTE ON IT. THIS IS JUST MOVING IT FROM THIS NEBULOUS PURGATORY ONTO A FUTURE COMMISSION AGENDA SO THAT WE CAN HAVE THIS CONVERSATION. SO I WILL MAKE THE MOTION TO MOVE IT. SO THIS IS JUST TO HAVE A CONVERSATION? YES. IF I COULD, THROUGH THE CHAIR. THIS IS THE ITEM COMING OUT OF THE FINANCE COMMITTEE, WHERE THE ITEM WAS SUPPORTED TO BRING FORWARD AN ORDINANCE TO THE COMMISSION TO DISCUSS THE RATE INCREASES. HOWEVER AS YOU HEARD FROM THE CITY ATTORNEY ON THE LAST ITEM I CANNOT BRING FORWARD AN ORDINANCE UNLESS THERE IS A SPONSOR AND THERE IS CURRENTLY NO SPONSOR FOR THE ORDINANCE SO WE ARE DISCUSSING THE CONCEPT OF A UTILITY RATE CHANGE BUT THERE IS NO ITEM BEFORE YOU THAT ACTUALLY WOULD EFFECTUATE THAT BECAUSE THERE IS NO ORDINANCE I MAKE A MOTION. SO WHAT'S... THE MOTION IS TO BRING IT TO THE AGENDA FOR NEXT MONTH TO HAVE THE DISCUSSION. I'LL SECOND IT. THANK YOU. RICK. THE CHAIR AS THE MANAGER JUST EXPLAINED WITHOUT A SPONSOR THE ITEM CANNOT BE BROUGHT BACK AS AN ORDINANCE UNLESS AND UNTIL THERE'S AN ORDINANCE THAT AMENDS THE EXISTING CODE TO ALLOW THE MANAGER TO PLACE IT HIMSELF ISN'T THAT YOUR MOTION? IT IS NOW. THE MOTION IS TO ALL OF YOU TO BE CO-SPONSORS. WE ALL NEED TO BE SPONSORS. CORRECT. TO JUST HAVE THE CONVERSATION. AND JUST A REMINDER, FERC VOTED ON THIS UNANIMOUSLY TO BRING THIS BACK TO THE COMMISSION. HOW DID FERC VOTE UNANIMOUSLY IF THERE WAS NO SPONSOR? BECAUSE IT WAS FOR A REFERRAL TO FERC. FROM WHO? HAD TO BE FROM SOMEBODY. WAS IT ME? I DON'T REMEMBER. IF I MAY, IT WASN'T AS A, I THINK AS AN, IT DIDN'T HAVE A SPONSOR AS AN ORDINANCE. IT WAS A DISCUSSION. SO YOU, SO SINCE IT WAS JUST A REFERRAL, REFERRAL DOESN'T REQUIRE A COMMISSION SPONSOR. WELL, IT WAS REFERRED, I BELIEVE, WHEN THE ORDINANCE THAT WAS HEARD PREVIOUSLY WAS SPLIT AND WAS BIFURCATED. AND SO YOU ALL APPROVED THE WATER CONNECTION, CPI INCREASES, BUT YOU BIFURCATED AND REFERRED TO FERC THIS OTHER COMPONENT. ACTUALLY, I THINK THAT'S A DIFFERENT ITEM. I THINK THIS COMES FROM LAST YEAR WHEN THERE WAS A DISCUSSION. SO IT'S ACTUALLY BEEN TWICE [08:05:01] AT FERC. THERE WAS AN INITIAL, I THINK, ADMINISTRATION ONE THAT DID GAIN SOME SPONSORS. THERE WAS A DISCUSSION AT FERC ABOUT A YEAR AGO ON THIS. IT ALSO CAME OUT OF FERC WITH UNANIMOUS SUPPORT OF THE, UNDER THE PRIOR PUBLIC WORKS DIRECTOR FOR THAT UTILITY RATE STRUCTURE. AND THEN IT WAS KIND OF TABLED AT COMMISSION AND THEN WE BROUGHT IT BACK. SO I THINK IT WAS SENT FROM COMMISSION TO GO BACK TO FERC FOR FURTHER DISCUSSION. BUT IT ACTUALLY, IT ORIGINATED AT THE STRATEGIC PLANNING SESSION. YES. WE TALKED ABOUT WHAT WE HAD AS FAR AS INFRASTRUCTURE NEEDS. AND THE LONG-TERM VIABILITY AND SUCCESS OF THE CITY. I THINK IT ALSO FIRST DISCUSSED WHEN THE COMMISSION APPROVED AN $85 MILLION DECLARATION OF INTENT TO ISSUE ON A WATER AND SEWER BOND THAT WAS APPROVED ABOUT TWO YEARS AGO WHERE WE SAID THIS WAS BASICALLY THE LAST OF THE FINANCIAL CAPACITY WITHIN THE FINANCING MODEL FOR OUR CAPITAL PROJECTS, AND WE WOULD HAVE TO BE COMING BACK WITH A DIFFERENT UTILITY RATE STRUCTURE TO EFFECTUATE. ALL OF THE NUMEROUS HUNDREDS OF MILLIONS OF DOLLARS IN NIPS, CRITICAL NEEDS PROJECTS, AND SUCH LIKE THAT. SO THIS HAS BEEN A PROCESS THAT'S BEEN GOING ON FOR YEARS, AND THE COMMISSIONS HAVE APPROVED ALL OF THE NIPS, THE CRITICAL NEEDS PROGRAM FOR WATER AND SEWER, CRITICAL NEEDS FOR STORMWATER, AND AS I THINK IT WAS DISCUSSED ON SEVERAL OCCASIONS, WE'RE OVER A BILLION DOLLARS IN CAPITAL PROJECTS RELATED TO RESILIENCY, WATER QUALITY, AND INFRASTRUCTURE. AND THROUGH THE CHAIR, IF I MAY, WE'VE JUST STOPPED THE PAUSE. AND STARTED DOING THESE PROJECTS AGAIN, WHICH PEOPLE ARE SO GRATEFUL FOR. BUT IF WE DON'T EVEN HAVE THE CONVERSATION, I’M NOT TALKING ABOUT HOW WE VOTE ON ANYTHING, BUT WITHOUT EVEN THE CONVERSATION, EVERYTHING THAT WE HAVE APPROVED COMES TO A GRINDING, SCREECHING HALT. THE STUFF THAT IS IN THE DESIGN AND DEVELOPMENT PHASE... IT DOESN'T GET BUILT. SO I’M NOT SUGGESTING HOW ANYONE'S GOING TO VOTE. WE DON'T HAVE THE MATTER BEFORE US YET. BUT WE HAVE TO HAVE THE CONVERSATION. IT'S A COMPLETE DERELICTION OF DUTY TO NOT HAVE THE CONVERSATION. CAN WE JUST MOVE THIS FORWARD? WE'RE SITTING HERE DISCUSSING WHETHER TO HAVE A DISCUSSION. THAT'S EXACTLY WHAT'S HAPPENING. SO LET'S JUST WHAT WE'RE SAYING IS THAT THERE'S NO SPONSOR. SO WE HAVE TO SO WHAT COMMISSIONER BOTT IS RECOMMENDING IS TO TAKE THE POLITICAL HEAT OFF ANYBODY AND ALL SPONSOR AND BRING IT AS AN ORDINANCE. AND I’M WILLING FOR, YOU KNOW, OUT OF COLLEGIALITY, I THINK WE ALL REALIZE WE HAVE TO DO THIS. IT'S NOT AN EASY TASK. IT'S PROBABLY THE MOST RESPONSIBLE THING TO DO IT ALL AS A TEAM. THAT WOULD BE AWESOME. TO HAVE A DISCUSSION. YES. WELL, IT'S GOING TO BE A DISCUSSION ABOUT THE ORDINANCES, BUT IT HAS TO BE BROUGHT AS AN ORDINANCE, NOT A DISCUSS-TAKE-ACTION. CORRECT? YES, THAT'S CORRECT. BUT THE COMMISSION DOESN'T NEED TO APPROVE THE ORDINANCE. YOU CAN MODIFY IT IF THE ITEM IS BRINGING FORTH AN ORDINANCE WITH THIS PROPOSAL. JUST LOOK, I’M GOING TO SO JUST TELEGRAPHING WHERE I’M AT. I’M LOOKING AT THE NUMBERS ON HOW THE INCREASES GO. I’M NOT COMFORTABLE. WITH IT NOW, SO I DON'T NECESSARILY WANT TO BE A SPONSOR ON THIS, BUT I’M MORE THAN HAPPY TO APPROVE TO HAVE THE DISCUSSION. I JUST DON'T WANT TO BE A SPONSOR ON IT RIGHT NOW. ALL YOU'RE SPONSORING IS THE DISCUSSION. NO, BUT WHAT WE'D BE SPONSORING IS THE ORDINANCE ITSELF. I CAN'T HAVE A DISCUSS TAKE ACTION WITH AN ORDINANCE. I MEAN, THAT'S OKAY WITH ME, BUT I DON'T WANT TO BE SPONSORING AN ORDINANCE FOR A RATE INCREASE. I FORGET WHO WE DELEGATED TO HAVE THE FOUNTAIN BLUE DISCUSSIONS, BUT WHOEVER WAS THAT, LET'S JUST HAVE THAT AS A SPONSOR. AIN'T YOU, BRUTEY? THAT WAS GOOD. OR THE OTHER OPTION IS THAT THE FINANCE COMMITTEE SPONSORS IT. I WOULDN'T BE IMPARTIAL. BECAUSE THE FINANCE COMMITTEE VOTED UNANIMOUSLY TO MOVE THIS BACK TO COMMISSION. SO MOVE IT BACK TO COMMISSION. PONY UP, BOYS AND GIRLS. IF I MAY, WE COULD DO GUM REMOVAL AND PRESSURE WASHING FOR EVERYBODY. WE AGREED TO THIS. I DON'T WANT TO DO GUN REMOVAL. I MEAN, HOW LONG IS IT GOING TO TAKE FOR THAT LEGISLATION TO PASS THAT CITY STAFF OR ADMINISTRATION CAN SPONSOR AN ORDINANCE? BUT YOU KNOW WHAT? THIS IS INSANE. WE ARE SWEATING BULLETS ABOUT THE FACT THAT WE WANT TO HAVE A CONVERSATION ABOUT DOING SOMETHING THAT IS FISCALLY. AND WE CAN'T EVEN HAVE THE CONVERSATION ABOUT THIS? I HAVE AN IDEA. WHY DON'T WE DO IT AS A DISCUSS-TAKE-ACTION, A LEGITIMATE DISCUSSION. WE'LL ALL GIVE OUR VIEWS AND WE'LL SEE WHERE WE'RE AT. AND THEN WE'LL DRAFT THE ORDINANCE ACCORDINGLY. BECAUSE RIGHT NOW WE HAVEN'T EVEN HAD THE CONVERSATION. WE'RE HAVING A CONVERSATION ABOUT HAVING THE CONVERSATION. SO LET'S, I DON'T KNOW IF NOW IS THE RIGHT TIME. I’M HAPPY TO DO IT NOW OR... AT THE END OF THE DAY, IT'S JUST YOU'RE STILL HAVING THE [08:10:01] CONVERSATION. I GUESS WHAT YOU'RE SAYING IS YOU'RE GOING TO HAVE A CONVERSATION REGARDLESS OF HOW YOU LABEL IT, AND THEN IF THERE ARE ENOUGH VOTES TO GO THROUGH, THEN THERE'LL BE AN ORDER. THEN WE'LL DRAFT THE ORDINANCE AND BRING IT TO THE NEXT MEETING. EXACTLY. DOES THAT WORK LEGALLY? AS LONG AS SOMEBODY BECOMES A SPONSOR, ONCE YOU ALL AGREE TO SOMETHING. YES. BUT THEN IT WOULDN'T BE THE ORDINANCE ITSELF. IT'S JUST A DISCUSS, TAKE ACTION. I UNDERSTAND, BUT IF YOU HAVE THE DISCUSSION, SOMEONE WILL NEED TO. OR THE MANAGER IF WE ALLOW THAT TO HAPPEN. WELL, THE ITEM ITSELF RIGHT NOW... AND, YEAH, PERHAPS PEOPLE WOULD FEEL MORE COMFORTABLE PUTTING THEIR NAME BEHIND IT IF THEY KIND OF... IF WE QUANTIFY ACTUALLY WHAT IT IS. I MEAN, WE COULD HAVE A DISCUSSION RIGHT NOW. THAT'S FAIR. AND I HAVE A SHORT AND ENTERTAINING PRESENTATION, IF YOU WANT TO SEE IT, I GAVE IT AT 6.25. HOW SHORT AND HOW ENTERTAINING? VERY SHORT AND VERY ENTERTAINING. YOU KNOW WHAT? THIS IS... THIS IS A REALLY SERIOUS TOPIC. AND I-WE'RE ALL EXHAUSTED. YEAH. AND IT HAS BEEN A REALLY MEATY CONVERSATION-DAY OF CONVERSATIONS. AND I KNOW WE ALL WANT TO MAKE THIS HAPPEN SOONER RATHER THAN LATER. BUT I THINK TO GET THE FAIRST HEARING AT 625 AFTER, YOU KNOW, PRETTY HEAVY LIFTING SO JUST KICKING THE CAN DOWN THE ROAD. SO LET'S JUST KICK THE CAN DOWN THE ROAD FOR THE NEXT MONTH. I'LL CO-SPONSOR BOSTON. THE NEWBIE. TAKING ONE FOR THE TEAM. IF THAT MEANS WE CAN MOVE ON FROM THIS DISCUSSION RIGHT NOW, I'LL JUST SPONSOR THE ORDER. NOW WE KNOW WHEN WE NEED A SPONSOR PUT AT THE END OF THE AGENDA. I STILL THINK WE SHOULD ALL CO-SPONSOR THE DISCUSSION. I THINK IT SHOULD BE ALL OF US. WE'RE ALL ELECTED TO REPRESENT ALL OF OUR RESIDENTS, AND ALL OF OUR RESIDENTS DON'T WANT TO HAVE THEIR CARS FLOATING AWAY. THEY DON'T WANT TO HAVE THE TOILETS. YOU KNOW FLOODING INTO THEIR LIVING ROOM I THINK THAT'S AWESOME MONICA BUT TO BE GROWN UP WE SHOULD ALL BE DOING IT I'LL JUST SAY LIKE FOR ME ONE OF MY CHALLENGES WITH THIS IS THAT YOU KNOW WHENEVER WE GET TO DISCUSSING THIS WHICH I GUESS NOW I’M ENTERING INTO THE TERRITORY OF DISCUSSING THIS IS SHIFTING YOU KNOW SHIFTING THE BURDEN UM FROM YOU KNOW RIGHT NOW A SMALL PROPERTY OWNER SMALL UNIT OWNER IS PAYING THE SAME ON THE STORMWATER AS A BIG PROPERTY. AND SO TO ME, THAT'S AN INEQUITY. WHAT'S THAT? IT'S NOT ACCURATE. BUT THAT'S WHY WE NEED TO HAVE A DISCUSSION. SO LET'S JUST MOVE THIS AS A DISCUSSION, AND LET'S GO. SO JUST GIVE ME DIRECTIONS. C7P IS BEING WITHDRAWN, AND WE'RE BRINGING BACK A DISCUSSION ON THE SUBJECT IN MAY 20TH. WELL, I HEARD COMMISSIONER MATEO SALINAS WOULD BE A SPONSOR, SO WE CAN BRING BACK AN ORDINANCE. YEAH, I MEAN, BECAUSE THE ORDINANCE SO THAT CEASES ITEM IS IMMATERIAL AS LONG AS WE BRING BACK THE ORDINANCE. SO WHAT DO YOU WANT TO DO WITH THIS ITEM? I MEAN, THIS IS JUST ACCEPT THE RECOMMENDATION OF FERC. YOU WANT TO THEN VOTE ON THIS ITEM AS AMENDED WITH COMMISSIONER MATEO SALINAS AS A SPONSOR AND COMMISSIONER ABOUT AS A CO-SPONSOR? WE DON'T NEED A SPONSOR FOR A RESOLUTION THAT ONE I CAN DO AND I PUT THIS ON. TO ACCEPT THE RECOMMENDATION, IF PEOPLE WANT TO VOTE ON IT, THAT WOULD BE GREAT. IF THEY DON'T, THAT'S OKAY, TOO. WE'RE BRINGING BACK AN ORDINANCE NEXT MONTH EITHER WAY. SO WE CAN JUST APPROVE THEN C7P AS IS? YES. OKAY, SO I HAVE A MOTION BY COMMISSIONER BOND. I HAVE A SECOND BY COMMISSIONER MATTEL SALINAS ON C7P. ALL IN FAVOR, PLEASE SAY AYE. I HEARD SEVEN. OH, YOU'RE MIC. IT'S JUST TO BRING THE ORDINANCE. ACCEPTING THE RECOMMENDATION OF FERC TO BRING AN ORDINANCE TO COMMISSION TO DISCUSS WE DO AND I BELIEVE COMMISSIONER MATEL SALINAS SAYS SHE WOULD BE AND AND CO-SPONSORED BY COMMISSIONER VAUGHT THE REALITY IS THE REALITY IS THAT THERE FOUR OF US ON THIS DAY AS RIGHT NOW WHO ARE FACING AN ELECTION NEXT YEAR AND TO NOT DO WHAT IS RIGHT IN THE FINANCIAL WELL-BEING THE FIDUCIARY RESPONSIBILITY FOR THIS 82 000 RESIDENT BILLION DOLLAR BUDGET WE'RE A CITY BECAUSE WE'RE AFRAID THAT DOING THE RIGHT THING IS GONNA MEAN THAT WE GET NASTY GRAMS FOR OUR ELECTIONS. I’M NOT ABOUT THAT. THAT'S NOT WHO I AM. IT'S NOT WHO I’VE EVER BEEN. I’M NOT GOING TO BACK DOWN NOW. SO, YOU KNOW WHAT? I AM GOING TO CO-SPONSOR THIS WITH YOU, AND I'LL DO IT PROUDLY. THANK YOU, MONICA. AND EVERYONE CAN TAKE THEIR SHOTS AT ME, AND IF THEY DON'T LIKE THE FACT THAT WE'RE BEING GROWN-UPS IN THE ROOM, WELL, THEY'LL THANK ME WHEN YOUR TOILET DOESN'T OVERFLOW. YEAH. [R9 Z DISCUSS/TAKE ACTION ON THE MIAMI BEACH POLICE DEPARTMENT PROMOTIONAL PROCESS AND POTENTIAL MODIFICATIONS.] I THINK IT'S, I MEAN, OBVIOUSLY THAT'S A PART OF IT. I THINK THERE'S MORE TO IT THAN JUST THAT. [08:15:01] SO, BUT NOT FOR TODAY, BUT I'D LOVE TO SEE THE PRESENTATION MAYBE TOMORROW. SO ALL IN FAVOR? AYE. ANYONE OPPOSED? HEARING NONE, THE ITEM IS APPROVED AS IS, C7P70. OKAY, WE HAVEN'T HEARD A GOOD POLICE ITEM IN A WHILE, SO LET'S DO R9Z. R9Z IS DISCUSSED. TAKE ACTION. POLICE DEPARTMENT PROMOTIONAL PROCESS. MR. SUAREZ. THANK YOU. MR. MAYOR, SO ONE OF THE COMPLAINTS I GET FROM MANY OF THE RANK AND FILE POLICE IS THAT THE PROMOTIONAL PROCESS SEEMS TO BE BROKEN IN TERMS OF HOW CANDIDATES GET ELECTED TO BE PROMOTED WITHIN OUR POLICE DEPARTMENT. AND WHAT I FOUND VERY SURPRISING WAS THAT THE PROCESS THAT WE HAVE IN PLACE CURRENTLY IS BASICALLY GEARED TOWARD WRITTEN TESTS. AND THERE'S NO, LET'S JUST SAY, MERIT INVOLVED IN THE SELECTION PROCESS OF... OF HOW OUR LEADERS WITHIN THE POLICE DEPARTMENT ARE BEING PROMOTED. AND I FOUND THAT VERY UNFAIR. AND THERE'S A PARTICULAR OFFICER WHO I BELIEVE WENT ABOVE AND BEYOND. HE WAS THE ONE WHO, THIS IS OFFICER OFEI. HE WAS THE ONE WHO FOUND THE CRIMINAL THAT HELD UP OUR COLLEAGUE HERE AT GUNPOINT IN HIS PARKING GARAGE. AND I ACTUALLY HAVE A VIDEO, A QUICK VIDEO OF THE ALTERCATION, AND I'D LIKE TO SHOW THAT. SO, PJ, IF YOU COULD PUT THE PETRIE VIDEO, PETRIE V7. WHAT'S UP, MAN? WHERE YOU COMING FROM? I’M ASKING. I JUST GOT A CALL. FOR WHAT? SOMEBODY ON A SCOOTER GOT INTO AN ARGUMENT WITH SOMEBODY IN A CAR OVER THERE. OH NO, THAT WASN'T ME. LET ME SEE YOUR ID PLEASE. SO I CAN JUST DOCUMENT THIS. I DON'T HAVE MY ID ON ME, SIR. WHAT'S YOUR NAME? CHRISTOPHER. TAKE OFF YOUR GLASSES FOR ME. MY NAME IS CHRISTOPHER. CHRISTOPHER PICHIN. CHRISTOPHER WHAT? PICHIN. P-I-T-R-E-N ALRIGHT LISTEN, PUT YOUR BAG DOWN AND I’M GOING TO DETAIN YOU FOR NOW UNTIL I FIGURE OUT IF I CAN HEAR YOU ALRIGHT? ALRIGHT. TURN AROUND. WHY ARE YOU JUST... I DIDN'T DO ANYTHING MAN. I DON'T WANT TO HEAR YOU NOW. YOU GOTTA FIGHT HIM NOW. REALLY DUDE? YOU WENT STRAIGHT FOR IT MAN. SO WHAT I WANT TO SHOW, WHAT I WANT TO HIGHLIGHT ON THIS VIDEO IS A COUPLE THINGS. OFFICER O'FAY KNEW THAT THAT WAS A SUBJECT. HE WAS THE MOST WANTED PERSON IN THE CITY OF MIAMI BEACH AT THE TIME, IF EVERYONE REMEMBERS. AND INSTEAD OF DRAWING OUT HIS PISTOL, SAYING, GET ON THE FLOOR. AND GETTING INTO AN ALTERCATION, HE MADE UP SOME BOGUS STORY SAYING, HEY, SOME GUY IN A WHITE TESLA WAS COMPLAINING ABOUT YOU. AND THAT COMPLETELY THREW HIM OFF GUARD. AND WHAT I DON'T THINK YOU SEE IN THE VIDEO IS HE'S LIKE, LOOK, I JUST GOT TO CLEAR THIS UP WITH MY BOSS, AND THEN YOU'RE FREE TO GO. OBVIOUSLY, OFFICER OFEI KNEW THAT THIS WAS THE SUBJECT. ONCE HE WAS ABLE TO PUT HIM IN HANDCUFFS, HE WAS ABLE TO RETRIEVE IT, CHRISTOPHER PETRIE'S. FIREARM WHICH WAS LOADED AND ONE IN THE CHAMBER. AND THROUGH WHAT I CALL STREET SMARTS, HE WAS ABLE TO SUCCESSFULLY CAPTURE A WANTED, DANGEROUS CRIMINAL. AND WHEN SERGEANT OFEI TRIED TO BE PROMOTED, HE WAS LITERALLY, I THINK, ONE OF THE LAST PEOPLE ON THE LIST. AND I THINK THERE'S SOMETHING WRONG WITH THAT. [08:20:01] I THINK THERE'S SOMETHING BROKEN WITH THAT SYSTEM. AND I’VE WORKED WITH THE CHIEF ON THIS. I UNDERSTAND THERE'S NO PERFECT WAY TO DO THIS. BUT I DO BELIEVE IN THE NEXT ROUND OF NEGOTIATIONS WITH THE FOP THAT THERE NEEDS TO BE A DIRECTION GIVEN TO OUR CITY MANAGER THAT THIS IS... A FIRST LINE, I WOULDN'T SAY NON-STARTER, IT'S THE OPPOSITE OF A NON-STARTER, BUT BASICALLY THIS PROMOTIONAL PROCESS NEEDS TO CHANGE AND IT NEEDS TO BE BASED ON MERIT. YOU KNOW, WE JUST EXTENDED THE CHIEF'S CONTRACT BY TWO YEARS. WE GIVE HIM, ALL OF US, GIVE HIM THE PRIVILEGE. AND THE DEFERENCE ON HOW HE THINKS THE POLICE DEPARTMENT SHOULD RUN. IT'S SO MUCH IN FACT THAT WE WENT ABOVE AND BEYOND AND EXTENDED HIS CONTRACT. I THINK IT'D BE CRAZY TO SAY THAT WE DON'T GIVE HIM AND OTHERS IN HIS POSITION THE ABILITY TO CHOOSE WHO IS GOING TO BE PROMOTED AND WHO'S NOT GOING TO BE PROMOTED. I UNDERSTAND, CHIEF, THAT OTHER DEPARTMENTS IN THE DADE COUNTY HAVE... THE SHERIFF'S OFFICE. WHAT DO YOU THINK IS... THE SHERIFF'S OFFICE. SHERIFF'S OFFICE. THERE'S MANY DEPARTMENTS THAT HAVE, FOR EXAMPLE, CALLED THE RULE OF THREE, WHERE THE CHIEF CAN, INSTEAD OF HAVING ONE PERSON, WHICH IS RUBBER STAMP, YOU GET TO CHOOSE BETWEEN WHO GETS PROMOTED OF THAT THREE. I'D LIKE YOU TO SPEAK FOR THE MAYOR, VICE MAYOR, IF THAT'S OKAY, ON WHAT DO YOU SEE AS SOME OF THE CHALLENGES AS IT COMES TO THIS THAT YOU FACE NOW IN THE PROMOTIONAL PROCESS, WHAT YOU WOULD LIKE TO CHANGE, AND YOUR OVERALL SENTIMENT. BECAUSE I THINK WE ALL HERE CLEARLY TRUST YOUR JUDGMENT, AND WE TRUST THAT YOU KNOW WHAT'S BEST FOR THE CITY OF MIAMI BEACH, AND HOW THE RANK AND FILE. GET PROMOTED BASED ON WHAT I BELIEVE SHOULD BE A MERIT SYSTEM INSTEAD OF A TEST-BASED SYSTEM, STRICTLY ON A WRITTEN EXAM. SO MAYBE YOU CAN GIVE US A LITTLE MORE INFORMATION ON THAT. SURE. WAYNE JONES, POLICE CHIEF, AND THANK YOU, COMMISSIONER, FOR HAVING THIS CONVERSATION. AS I THINK I MENTIONED TO YOU IN THE PAST, THE SYSTEM WE CURRENTLY HAVE IN PLACE IS CONTRACTUAL. IT'S NEGOTIATED WITH THE UNION. AND THE ONLY WAY TO CHANGE THAT SYSTEM WOULD BE THROUGH CONTRACT NEGOTIATIONS. THE SYSTEM WE HAVE HAS BEEN IN PLACE FOR A DECADE AND A HALF, MAYBE TWO DECADES. MUCH OF THE TEST IS WEIGHTED ON A WRITTEN TEST. PART OF IT IS BASED ON ASSESSMENT TESTS, AND THEN THERE'S A COMBINATION OF SENIORITY POINTS THAT'S ADDED INTO A FORM AS WELL, AND EDUCATIONAL POINTS THAT'S ADDED INTO A FORM AS WELL. FROM THAT, A LIST IS PRODUCED, RUNNING FROM ONE TO WHATEVER. AND THE WAY THE CURRENT SYSTEM STANDS IS I HAVE TO PROMOTE IN THE ORDER OF THAT LIST. ONE THROUGH FIVE, FOR EXAMPLE, I HAVE TO PROMOTE PEOPLE IN THAT ORDER. I DO BELIEVE THIS IS AN OPPORTUNITY FOR US TO HAVE A REALLY STRONG CONVERSATION WITH THE UNION ABOUT HOW WE FIX THE TEST. THERE'S A NUMBER OF MODELS OUT THERE THAT IS USED NATIONALLY THAT DIFFERS FROM OUR CURRENT MODEL. ONE MIGHT ARGUE MODELS THAT ARE MORE MODERN THAN THE ONE WE USE. THAT WOULD HELP US REALLY SORT OF HAVE THE BEST OF THE BEST RISE TO THE TOP OF THE LIST AND THEN HAVE A CHOICE IN THAT. OKAY. MAYBE CAN YOU GO THROUGH SOME OF THE CHALLENGES THAT YOU'VE SEEN WITH THE CURRENT SYSTEM? YEAH, I’VE SEEN VERY EXPERIENCED POLICE OFFICERS, PARTICULARLY NRO COMES TO MIND. I DON'T WANT TO PUT HIS NAME OUT THERE. COMES TO MIND. VERY EXPERIENCED OFFICER. HAS A LOT OF EQUITY WITH. THE STAFF OF THE POLICE DEPARTMENT AND THE RANK AND FILE. HE KNOWS WHAT HE'S DOING, HASN'T DONE WELL IN PREVIOUS EXAMINATIONS, AND I THINK HE WOULD HAVE MADE AN EXCELLENT, EXCELLENT SUPERVISOR. AND SO I’M NOT SURE WHICH MODEL OF TESTING OUT THERE WOULD HELP US PRODUCE A PERSON LIKE THAT, BE A LEADER IN THE ORGANIZATION. THERE'S GOT TO BE SOMETHING THAT'S BETTER THAN WHAT WE HAVE RIGHT NOW. OKAY. AND SO I GUESS WHAT I’M ASKING MY COLLEAGUES TO DO IS, WELL, FIRST, I’M BRINGING THIS TO EVERYONE'S ATTENTION. AND I THINK, YOU KNOW, AND THIS IS DISCUSSIONS I’VE HAD WITH THE CHIEF. MULTIPLE TIMES IN THE LAST YEAR THAT WE TELL OUR CITY MANAGER [08:25:07] AND WHAT IS YOUR DEPARTMENT, MARK? LIKE THE NEGOTIATION TEAM? LAST SEVERAL CONTRACTS I’VE BEEN THE LEAD NEGOTIATOR. SO CONTRACTS THAT THIS IS, WE WANT A RESET ON HOW THE PROMOTIONAL PROCESS IS HANDLED WITH THE POLICE DEPARTMENT. MARK, AT THE LAST NEGOTIATION, WAS THIS ONE OF THE REQUESTS THAT WE HAVE? AND HOW ADAMANT WAS THE FOP ON NOT DOING THIS? I MEAN, YOU KNOW, IT'S GREAT THAT WE'RE HAVING A DISCUSSION NOW, BUT WHEN IT COMES DOWN, WHERE THE RUBBER MEETS THE ROAD, WHEN WOULD THIS HAVE TO REALLY COME TO A HEAD? IT WOULD HAVE TO COME TO A HEAD AT THE VERY NEXT SESSION. THEY HAVE PUSHED BACK IN THE PAST. WHEN WE DISCUSS RULE 3. I’M VERY FAMILIAR WITH RULE I WORKED IN A SYSTEM FOR MORE THAN TWO DECADES IN A SYSTEM THAT HAD RULE 3 AND WORKED VERY WELL. SO I’M VERY FAMILIAR WITH THAT PROCESS. OKAY. SO, LOOK, COLLEAGUES, I DON'T KNOW HOW YOU FEEL ABOUT THIS. WE HAVE OUR CHIEF TELLING US THAT HE WOULD LIKE TO SEE REFORM AND IT WOULD MAKE HIS JOB A LOT EASIER. I'D LIKE TO SEE WHERE EVERYONE IS. COMMISSIONER FERNANDEZ. SO I THINK, TO YOUR POINT, WE HAVE JUST EXTENDED THE CHIEF FOR ANOTHER TWO YEARS. I THINK IT'S BECAUSE WE TRUST HIS JUDGMENTS. AND I THINK WE HAVE TO TRUST HIS JUDGMENT WHEN IT COMES TO THESE PROMOTIONS. AND THERE'S A LOT OF THINGS, YEAH, AN EXAMINATION, A TEST MIGHT BE ABLE TO MEASURE A LOT OF THINGS. BUT THEN THERE'S OTHER SKILLS THAT AN EXAM WON'T BE ABLE TO MEASURE. THERE ARE LEADERSHIP PRESSES, AS YOU WELL POINTED OUT. THROUGH THAT VIDEO, THEIR JUDGMENT UNDER INCREDIBLE PRESSURE, THEIR EMOTIONAL INTELLIGENCE, THERE'S JUST SO MUCH THAT AN EXAM WON'T BE ABLE TO MEASURE THAT CAN ONLY BE DONE THROUGH THE DISCRETION OF THE CHIEF OF POLICE. SO I AM COMPLETELY IN FAVOR OF THIS. I’M GLAD THAT WE'RE HAVING THIS CONVERSATION EARLY. THAT WAY, YOU KNOW, OUR NEGOTIATING TEAM AND THE NEGOTIATORS CAN, YOU KNOW. YOU KNOW, HAVE THIS PART OF WHATEVER STRATEGY THEY NEED TO CONSIDER GOING FORWARD, BUT TO ME IT MAKES SENSE. I WOULD LIKE TO ADD SOME CONTEXT TO THIS CONVERSATION OR SOME THOUGHTS. I’VE ALSO BEEN TALKING TO THE CHIEF ABOUT THIS FOR QUITE SOME TIME. WHEN WE WERE ELECTED, WE WALKED INTO A CONTRACT NEGOTIATION WITH THE POLICE DEPARTMENT AND WERE SORT OF HANDED. WHAT HAD BEEN NEGOTIATED, AND WE HAD SOME VERY HEATED CONVERSATIONS ABOUT WHAT WE WANTED TO SEE DONE DIFFERENTLY FOR THE NEXT TIME. SO I THINK THIS IS A GREAT TIME TO BRING UP THESE KINDS OF CONVERSATIONS. I HAVE A CONCERN. SO I THINK THAT THE CURRENT SYSTEM IS NOT SUFFICIENT, AND I ALSO THINK THE RULE OF THREE IS NOT SUFFICIENT, AND I WANT TO EXPLAIN WHY SO THAT WE CAN. BAKE THIS IN AS WE MOVE FORWARD. THE CURRENT SYSTEM DOES NOT ALLOW FOR ANY OTHER SKILLS OTHER THAN BEING ABLE TO CRAM FOR A TEST. AND YOU MIGHT BE THE BEST POLICE OFFICER IN THE WORLD AND NOT BE ABLE TO TAKE A TEST. OR YOU MIGHT BE THE WORST, LEAST EFFECTIVE, CRAPPIEST POLICE OFFICER IN THE WORLD AND BE A GREAT TEST TAKER. AND SO THAT TO ME, I CAN'T. FATHOM WHY THAT HAS BEEN AROUND FOR AS LONG AS IT IS. THE RULE OF THREE, I UNDERSTAND THE CONCEPT OF IT. WHAT CONCERNS ME IS THAT LONG AFTER WE'RE ALL GONE, YOU HAVE A POLICE DEPARTMENT THAT'S FULL OF REALLY LOUSY PEOPLE WHO ARE ONLY LOOKING OUT FOR THEIR CRONIES. THAT IS A PROBLEM. SO MY UNDERSTANDING IN SPEAKING WITH THE CHIEF AT SOME LENGTH ABOUT THIS IS THAT THERE ARE SYSTEMS THAT ARE USED BY POLICE DEPARTMENTS AROUND THE COUNTRY THAT HAVE ELEMENTS OF BOTH. SO YOU HAVE TO HAVE THE BOOK SMARTS BECAUSE AT THE END OF THE DAY WE DON'T WANT PEOPLE RUNNING AROUND TOWN. WEARING THE BADGE AND NOT KNOWING THE LAWS AND BEST PRACTICES AND ALSO EVALUATES PEOPLE ON THEIR STREET SMARTS AND INTERPERSONAL SKILLS AND MANAGEMENT SKILLS BECAUSE THAT IS ALSO A VERY IMPORTANT PART OF POLICING SO WHERE I WOULD LIKE TO SEE THIS NET OUT IS WHEN YOU COME BACK TO US WITH A CONTRACT OR YOU UPDATE US ON WHERE WE ARE IS HAVING SOMETHING THAT IS A HYBRID AND MY UNDERSTANDING PLEASE PLEASE JUMP IN, CHIEF. I DON'T WANT TO PUT WORDS IN YOUR MOUTH, BUT THAT IS [08:30:02] EXACTLY WHAT YOU ARE AND HAVE BEEN AGITATING FOR FOR YEARS. NOT AGITATING, ADVOCATING. ABSOLUTELY. THERE ARE 18,000 PLUS POLICE DEPARTMENTS IN THIS COUNTRY, AND THEY'RE MARRIED OF MODELS THAT ARE USED FOR PROMOTIONAL PURPOSES. I’M CERTAIN WE CAN FIND ONE THAT'S BETTER SUITED FOR MIAMI BEACH POLICE DEPARTMENT. AND I JUST WANT TO BE CLEAR. YEAH, I JUST THREW OUT THE RULE OF THREE AS A SUGGESTION. IT'S NOT. I DIDN'T SAY THAT YOU HAVE TO DO THAT. I MEAN, THERE'S ALSO A PANEL, FOR EXAMPLE, THAT WE'VE TALKED ABOUT WHERE IT'S AN OUTSIDE PANEL OF OTHER CHIEFS THAT CAN ALSO LOOK AT IT. THAT'S WHAT ALL I’M SAYING IS I THINK WHAT COMMISSIONER BOTT IS ALSO SAYING IS YOU DON'T WANT TO RELY ON ONE WAY TO JUDGE SOMEONE. I CERTAINLY DON'T THINK THE RIGHT WAY TO JUDGE SOMEONE IS ON A WRITTEN PIECE OF PAPER OR SOME ORAL EXAM WHERE YOU'RE LOOKING IN FRONT OF A CAMERA AND YOU DON'T EVEN KNOW WHO YOU'RE SPEAKING TO. I ALSO DON'T THINK THAT'S CORRECT. IT'S JUST, YOU KNOW, ONCE YOU'RE GONE, IF WE HAVE A CHIEF WHO'S, YOU KNOW, JUST ONLY PROMOTING HIS FRIENDS, I CERTAINLY DON'T WANT TO SEE THAT. BUT I THINK, YOU KNOW, SORT OF LIKE OUR GOVERNMENT, YOU KNOW, THERE'S THREE BRANCHES. MAYBE THERE'S THREE SYSTEMS OF CHECK THAT REALLY HAVE TO BE PASSED BEFORE A PROMOTIONAL PROCESS. AND EACH SYSTEM IS VERY DIFFERENT THAN ITS OWN SO THAT YOU REALLY DO HAVE IT BASED ON MERIT AND EXPERIENCE THAN JUST TEST TAKING. SO. I THINK WHAT YOU'RE GETTING FROM US, I MEAN, WE JUST HEARD FROM COMMISSIONER FERNANDEZ AND COMMISSIONER BOTT THAT I’M HOPING OTHERS CHIME IN, THAT THERE'S AN APPETITE FOR CHANGE AS OPPOSED TO WHAT'S BEEN GOING ON FOR THE LAST, HOW LONG HAS THIS BEEN GOING ON? I ESTIMATE AROUND 20 YEARS. 20 YEARS, YES. AND, YOU KNOW, LOOK, A LOT OF US GOT ELECTED, SO TO PUSH BACK ON THE STATUS QUO. IT'S EASY TO SAY EVERYTHING'S FINE, BUT WE CONSTANTLY HAVE TO EVOLVE AS A CITY, AND ALL OUR DEPARTMENTS HAVE TO CONTINUOUSLY STRIVE FOR THE BEST. AND JUST BECAUSE IT'S BEEN DOING SOMETHING FOR 20 YEARS DOESN'T MEAN THAT IT HAS TO CONTINUE IF WE CAN MAKE IT EVEN BETTER. SO I DON'T KNOW HOW MY OTHER COLLEAGUES FEEL ABOUT THIS. I'D CERTAINLY LOVE TO GIVE MORE, I GUESS, DIRECTION TO OUR CITY NEGOTIATING TEAM. BECAUSE I CAN TELL YOU, THIS IS GOING TO BE VERY CONTENTIOUS, PROBABLY, RIGHT? I MEAN, BOBBY'S NOT HERE, AND I’M SURE IF HE WAS, HE'D BE BLOWN UP, WHICH IS FINE. THAT'S WHAT HE'S SUPPOSED TO DO. BUT THERE NEEDS TO, IN MY OPINION, WE NEED TO SEE A FUNDAMENTAL CHANGE, PARTICULARLY ON HOW WE PROMOTE OUR RANK AND FILE. COMMISSIONER BOTT. SO I DON'T KNOW IF THIS IS PERMISSIBLE, SO IF IT'S NOT, LET'S NOT, BUT REGGIE IS HERE. AND YOU DON'T HAVE TO IF YOU DON'T WANT TO GIVE US A SORT OF SNAPSHOT OF WHAT YOU THINK MEMBERSHIP WOULD FEEL LIKE. AND IF IT'S NOT APPROPRIATE, DON'T. THIS IS NOT A COMMAND PERFORMANCE. GOOD AFTERNOON, COMMISSIONERS AND MAYOR. ALL I CAN TELL YOU IS THE UNION IS ALWAYS WILLING TO WORK WITH THE CITY. THE ADMINISTRATION IS TO DO RIGHT BY OUR MEMBERS, BUT ALSO TO DO RIGHT BY THE CITY. IF IT COMES UP AT CONTRACT NEGOTIATION, THEN WE'LL LOOK INTO IT AND WE'LL TRY TO DO THE BEST WE CAN. I THINK A LOT OF TIMES, SOMETIMES IN CONTRACT NEGOTIATIONS, YOU KNOW, THE CITY HAS THINGS THAT THEY WANT THAT'S IMPORTANT TO THEM. THE UNION HAS THINGS THAT'S IMPORTANT TO THEM. AND SOMETIMES THE MAIN ISSUES THAT... CAN REALLY SHAPE A GOOD CONTRACT OR NOT EVEN A GOOD CONTRACT, BUT THEY CAN REALLY SHAPE CHANGE, THOSE ISSUES GET LOST ON BOTH SIDES. SO ALL I CAN TELL YOU IS THAT KNOWING THE UNION AND THE BODY OF THE LEADERSHIP, THAT WE WILL DEFINITELY COME TO THE TABLE WITH OPEN MINDS TO TAKE A LOOK AT CHANGE. CHANGE IS ALWAYS GOOD. HOWEVER, I DO AGREE WITH YOU, COMMISSIONER BOND, ABOUT THE THERE IS A LOT OF CONCERN THERE FROM THE LEADERSHIP, I MEAN FROM THE LEADERSHIP. BREAKING FILES IS THAT YOU KNOW IN POLICE WORK UNFORTUNATELY POLICE IS POLICE OFFICERS ARE NOT THE MOST WE DON'T ALWAYS TRUST INDIVIDUALS, EVEN WITHIN THE RANK AND FILE SOMETIMES. AND SO YOU CAN EASILY HAVE A SITUATION WHERE IT'S NOT CHIEF JONES, AND YOU MAY HAVE A CHIEF THAT JUST MAYBE 15 YEARS AGO, 20 YEARS AGO, YOU MADE HIM MAD, AND THEN NOW YOU'RE UP FOR A PROMOTION THE RIGHTFUL WAY. YOU WENT THROUGH THE PROCESS, AND HE CAN SKIP YOU. SO THERE IS SOME CONCERN THERE IN TERMS OF THAT THAT I DON'T THINK THAT WE WOULD AGREE TO A RULE OF THREE. AND IT HAS NOTHING TO DO WITH THE CURRENT LEADERSHIP, WHETHER IT'S THE CHIEF AND HIS COMMAND STAFF OR EVEN THE COMMISSION, BECAUSE YOU ALL HAVE DONE AN AMAZING JOB IN BEING SUPPORTERS FOR THE UNION. BUT IT'S JUST NOT A SYSTEM OF FAIRNESS WHEN YOU START TALKING [08:35:02] ABOUT A RULE OF THREE. AND RESPECTFULLY, I DO UNDERSTAND WHAT THE CITY MANAGER TAXES IS REFERRING TO, BECAUSE I DID WORK FOR A DEPARTMENT WHERE THEY HAD A RULE OF THREE. AND I CAN TELL YOU FOR SOME IT WAS GOOD AND FOR MOST IT WASN'T. SO THANK YOU. THANK YOU, RICHARD. THANK YOU. NOW YOU BLEW HIS COVER, COMMISSIONER. WHAT'S THAT? YOU BLEW HIS COVER NOW. NOW EVERYONE KNOWS HE'S A COP. RIGHT, CHIEF? SORRY. SO, CHIEF, I MEAN, LOOK, DO YOU... I’M NOT TRYING TO PUT YOU ON THE SPOT, I GUESS I AM. LET'S JUST ASSUME THE RULE OF THREE WAS A SORT OF PEACE. TO THE PUZZLE. WOULD THAT HELP YOU AS THE CHIEF? I THINK ANY CHIEF YOU ASK, IF IT GIVES THEM MORE LATITUDE, THE HIGHER WHAT THEY MAY OBJECTIVELY THINK IS THE RIGHT CANDIDATE FOR A JOB ABOVE OTHERS, I THINK HE OR SHE WOULD SAY, [R7 B APPROVAL OF PROPOSED ARTISTIC GRAPHIC AT 1651 WASHINGTON AVENUE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO MIAMI BEACH RESILIENCY CODE SECTION 6.2.10.A.1, A REQUEST BY GYMAGE RESTAURANT, INC. ("GYMAGE") FOR TWO NON-COMMERCIAL, NON-ELECTRONIC ARTISTIC GRAPHICS ALONG THE LINCOLN ROAD AND WASHINGTON AVENUE PORTIONS OF THE GYM AND WELLNESS FACILITY LOCATED AT 1651 WASHINGTON AVENUE, WHICH GRAPHICS EXCEED 100 SQUARE FEET IN SIZE, FOLLOWING APPROVAL OF A CERTIFICATE OF APPROPRIATENESS BY THE HISTORIC PRESERVATION BOARD ON DECEMBER 16, 2025 PURSUANT TO ITS ORDER FOR FILE NO. HPB25-0675; SAID CITY COMMISSION APPROVAL BEING SUBJECT TO ALL CONDITIONS IMPOSED BY THE HISTORIC PRESERVATION BOARD ORDER FOR FILE NO. HPB25-0675.] YEAH, ABSOLUTELY. BUT I THINK THE CONVERSATION I HAD WITH YOU, I MENTIONED THAT KNOWING THE UNION LIKE IT IS, THEY WOULD NEVER SUPPORT THAT. AND SO WE HAVE TO FIND OTHER WAYS TO CHANGE THE CURRENT TESTING PROCESS. YEAH. OKAY. OKAY. GREAT. GOOD DISCUSSION. THANK YOU ALL. I GUESS WE'LL DISCUSS IT MORE DURING THE NEXT CONTRACT. SURE. LET'S CALL R7B. R7B, APPROVAL OF PROPOSAL, ARTISTIC GRAPHICS AT 1651 WASHINGTON AVENUE. IT IS A PUBLIC HEARING. MR. MAYOR, I CAN JUST MAKE THE INTRODUCTION. UNDER THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, ANY TIME AN ARTISTIC SUPER GRAPHIC ON A BUILDING EXCEEDS 100 SQUARE FEET, IN ADDITION TO THE APPLICABLE LAND USE BOARD, APPROVAL FROM THE CITY COMMISSION IS REQUIRED. IN THIS PARTICULAR INSTANCE, THE HISTORIC PRESERVATION BOARD APPROVED TWO SEPARATE MURALS THAT TOTAL 450 SQUARE FEET. IT'S ON THE ROOFTOP. IT'S NOT ELECTRONIC. IT WILL ONLY BE SEEN BY PATRONS OF THE ROOFTOP. THE APPLICANT IS HERE TO MAKE A PRESENTATION IF YOU WOULD LIKE AND THE ADMINISTRATION RECOMMENDS APPROVAL. I’M HAPPY TO MOVE THE ITEM. I'LL SECOND. I THOUGHT THIS IS WHAT IT IS. GO AHEAD. ALL RIGHT. I WILL BE VERY QUICK. EVERYONE'S EXHAUSTED, INCLUDING MYSELF. MY NAME IS PAUL SAVAGE. I’M AN ATTORNEY WITH OFFICES AT 200 SOUTH BISCAYNE BOULEVARD. I’M HERE ON THIS ITEM REPRESENTING THE JEMAJ GYM AND 2050 ROOFTOP RESTAURANT THAT HAS BEEN FULLY APPROVED ALREADY. AND THE ONLY ITEM, AS TOM MOONEY DESCRIBED BEFORE YOU, IS PERMISSION FOR THIS ELECTRONIC PROJECTION THAT IS STRICTLY GOING TO BE VIEWED ON THE TOP OF THE ROOFTOP BY THE PATRONS INSIDE, AND THE STAFF WAS VERY ADAMANT THAT WE HAVE FULL VEGETATIVE BUFFERING UP THERE AND COMPLY WITH ALL REGULATIONS THAT IT CANNOT BE VIEWED FROM THE CITY STREET. SO IF YOU CAN PLEASE PULL UP THE PRESENTATION, I’M GOING TO GO... MAYBE JUST SHOW TWO SLIDES OUT OF 18 OR SOMETHING LIKE THAT. I’M LOOKING AT THE TIRED AND HUNGRY FACES. YEAH, SO LET'S JUST GO THROUGH. THIS IS THE SITE HERE AT THE END OF LINCOLN ROAD IN WASHINGTON. MY CLIENT OPERATES THE JAMAJ GYM THERE ON THE SECOND FLOOR, AND THIS APPLICATION PERTAINS TO A ROOFTOP NEW RESTAURANT THERE. AS TOM MOONEY EXPLAINED, THE ONLY REASON WHY WE'RE HERE IS WE ARE EXCEEDING THE 100 SQUARE FEET. WE OBTAINED UNANIMOUS APPROVAL AT HISTORIC PRESERVATION BOARD AND FAVORABLE STAFF RECOMMENDATION IN FRONT OF BOTH BODIES. IF YOU CAN PLEASE CLICK IT ALONG. KEEP GOING PLEASE. KEEP THAT'S THE ROOFTOP DIAGRAM. WE'RE ONLY GOING TO PROJECT IT IN TWO POSITIONS. AGAIN, STRICTLY INTERNALLY TO THE SITE. PLEASE CONTINUE. THIS IS PROBABLY ONE OR TWO OF THE SLIDES THAT WE REALLY WANT TO LOOK AT IT IS A RENDERING THE MOST IMPORTANT THING THAT I WANTED TO SAY THIS AFTERNOON WAS THAT THIS IS JUST ABOUT THE VIBE OF THE RESTAURANT. THIS IS GOING TO BE THESE ORGANIC, NATURE-INSPIRED... THIS HERE IS, IT'S NOT THE GREATEST RENDERING, BUT, YOU KNOW, LIKE WILD ORCHIDS IN THE EVERGLADES, THINGS LIKE THAT, VERY ARTISTIC, AND NO, YOU KNOW, NOTHING TACKY, NO PROHIBITED ADVERTISING, NOTHING LIKE THAT IS PERMITTED. SO, AND AGAIN, AND THEN THIS IS THE OTHER SMALLER ONE THAT IS, THAT'S LOOKING TO THE SOUTHEAST, RIGHT BEHIND THAT LITTLE TOWER THAT YOU SEE ON THE CORNER. AND AGAIN, NOT ONLY DID WE HAVE TO SHOW THAT WE'RE GOING TO HAVE THE VEGETATION, BUT WE HAD TO PROVE UP THAT WE'RE GOING TO HAVE IRRIGATION AND FACILITIES TO MAKE SURE THAT THAT ACTUALLY WORKS AND LIVES. SO WITH THAT, I’M HAPPY TO SHOW SOME MORE, BUT LOOKING [08:40:02] AT THE DIRECTION OF THE VICE MAYOR, I’M GOING TO GO AHEAD AND RESPECTFULLY REQUEST APPROVAL OF OUR PROJECTION. THANK YOU. [C4 O REFERRAL TO THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE TO CONSIDER A GRANT TO THE WORLD AFFAIRS COUNCIL IN AN AMOUNT NOT TO EXCEED $6,000 IN SUPPORT OF THEIR SPONSORSHIP OF THE ATTENDANCE BY MIAMI BEACH SENIOR HIGH SCHOOL STUDENTS TO THE ACADEMIC WORLDQUEST CHAMPIONSHIP IN WASHINGTON, D.C., IN APRIL 2026.] I THINK WE HAVE A MOTION AND A SECOND. DO I PROBABLY CALL A VOTE? YES, MA'AM. IT IS A PUBLIC HEARING. NO ONE ON ZOOM. NO ONE IN THE AUDIENCE REQUESTING TO SPEAK. ON R7B, I HAVE A MOTION BY COMMISSIONER FERNANDEZ, SECONDED BY VICE MAYOR DOMINGUEZ. ALL IN FAVOR, PLEASE SAY AYE. AYE. ANYONE OPPOSED? HEARING NONE, THE ITEM IS APPROVED 7-0. CONGRATULATIONS. THANK YOU SO MUCH. AND YOU GUYS WORKED VERY HARD TODAY. THANK YOU SO MUCH. APPRECIATE IT. C4O THAT WAS PULLED I BELIEVE YOU HAVE TO RECUSE VICE MAYOR. C4O IS A REFERRAL TO FINANCE GRANT FOR MIAMI BEACH HIGH SCHOOL ATTENDANCE TO WORLD QUEST CHAMPIONSHIP IT IS SPONSORED BY COMMISSIONER FERNANDEZ. I MOVE THE ITEM. [C7 X A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO EXTEND THE OPERATING HOURS OF ALL THREE OF THE CITY-DESIGNATED BARK BEACHES UP TO AND INCLUDING BEACH CLOSING TIME, WHILE MAINTAINING THE CURRENT MORNING START TIME THROUGHOUT THE YEAR.] SECOND. CALL THE VOTE. HOLD ON COMMISSIONER HAS TO LEAVE THE ROOM TECHNICALLY. I HAVE A MOTION BY COMMISSIONER FERNANDEZ I HEARD A SECOND BY THE MAYOR IS THAT CORRECT? SURE. ALL IN FAVOR OF C4O, PLEASE SAY AYE. AYE. ANYONE OPPOSED? HEARING NONE, I HAVE COMMISSIONER DOMINGUEZ AS BEING RECUSED. OKAY, C7X. C7X IS INCREASING MARKET BEAT HOURS. IT WAS SEPARATED BY COMMISSIONER BOTT. I WANTED TO TALK ABOUT THIS. I DON'T KNOW, DOES SOMEBODY FROM THE STAFF WANT TO INTRODUCE IT? DO YOU WANT TO INTRODUCE IT? SURE. JOHN? JOHN, WHY DON'T YOU? SURE. I JUST WANT TO PREFACE IT REAL QUICK. WE ALREADY HAVE THREE DOG BEACHES. THE HOURS ARE VERY CONFUSING. THE INTENT OF THIS IS TO MAKE IT... VERY EASY TO UNDERSTAND, A LOT EASIER THAN IT IS. I GO TO THE BEACH ALL THE TIME. I SEE DOGS AT ALL TIMES OF THE DAY ON THE BEACH. THERE'S REALLY NO ONE TO ENFORCE IT. IT WOULD BE BETTER TO CONTAIN DOGS IN PARTICULAR AREAS OF THE BEACH THAN HAVING EVERYONE JUST BRING THEIR DOGS EVERYWHERE ELSE. THAT'S THE IDEA. BEHIND MY INTENT ON THIS IS JUST MAKE THINGS A LOT MORE CLEAR. WE ALREADY HAVE IT FOR LIMITED HOURS AND NOW WHEN PEOPLE SEE THAT THERE'S AN ACTUAL PLACE WHERE YOU CAN BRING YOUR DOGS IN THE MIDDLE OF THE DAY, YOU KIND OF ENCOURAGE PROPER OR RESPECTFUL ENFORCEMENT OF THE LAW. JOHN, IF YOU WANT TO GO AHEAD AND BRING IT. THANK YOU, COMMISSIONER. THE ONLY THING I'LL ADD TO WHAT YOU SAID, TO WHERE THE LOCATIONS ARE ON THE BEACH, 21ST STREET, 53RD STREET, AND 81ST STREET, AND ONE OTHER THING IS STAFF REVIEWED THIS. OUR HOURS NOW DO WORK AROUND THE TURTLE NEST INSPECTIONS AND THAT OVERSIGHT IN THE MORNING. SO REGARDLESS OF WHAT THE COMMISSION WOULD LIKE TO DO WITH THE HOURS, WE STILL WOULD LIKE TO BE SENSITIVE TO THOSE HOURS AS IT RELATES TO TURTLE NESTING. SO I PULLED THIS BECAUSE I THINK IT NEEDS TO GO TO NEIGHBORHOODS TO BE FLUSHED OUT BEFORE IT GOES INTO JUST BECOMING AN ORDINANCE. AND I THINK THAT THERE HAVE BEEN A LOT OF RESIDENTS WHO HAVE CONCERNS ABOUT THIS. AND I DO LIKE THE IDEA OF MAKING THE HOURS A LITTLE MORE CONSISTENT, BUT I THINK WE NEED TO FLUSH IT OUT BEFORE WE JUST GO FORWARD. I'LL SECOND THAT. I WAS JUST THINKING WE'D DO THAT BEFORE FIRST AND SECOND. BUT IF YOU WANT TO GO AHEAD AND SEND IT TO NEIGHBORHOODS. YEAH, I THINK SO, BECAUSE THAT WAY. RESIDENTS CAN GET INVOLVED AND GIVE THEIR EXPERIENCE. THIS IS NOT AN ORDINANCE. THIS IS JUST A RESOLUTION BECAUSE THERE'S AN ORDINANCE THAT ALLOWS THE MANAGER TO SET HOURS BASED ON DIRECTION. SO THERE WOULD NOT BE A SECOND READING. OKAY. SO EVEN MORE REASON TO GO TO NEIGHBORHOODS TO FLUSH THIS OUT. WELL, FERNANDEZ, COMMISSIONER, YOU THINK YOU HEAR IT AT THE [C7 AI A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO FINALIZE AND CONFIRM THE 2027 FUTURE PROOF EVENT DATES OF MARCH 14 THROUGH MARCH 16, 2027.] NEXT NEIGHBORHOODS MEETING? FOR SURE. MY PLEASURE. ALL RIGHT. THANKS. ALL IN FAVOR? THE REFERRAL, I HAVE A MOTION BY COMMISSIONER BOTT TO REFER TO PUBLIC SAFETY, SECONDED BY MAYOR MINER. ALL IN FAVOR OF THE REFERRAL TO THE NEXT ONE, PLEASE SAY AYE. AYE. ANYONE OPPOSED? THE ITEM IS REFERRED TO PUBLIC SAFETY NEIGHBORHOODS AT 7-0. OKAY. TWO MINUTES LEFT. [C2E REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) 2026-072-ND FOR HEALTHCARE BENEFITS CONSULTANT SERVICES, AND FURTHER AUTHORIZING THE MONTH-TO-MONTH EXTENSION OF THE EXISTING AGREEMENT WITH FOUNDATION RISK PARTNERS, CORP. D/B/A FOUNDATION RISK PARTNERS PUBLIC ENTITY SERVICES, UNTIL A REPLACEMENT AGREEMENT IS EXECUTED AND SERVICES ARE TRANSITIONED. (HUMAN RESOURCES)] C7AI. C7AI WAS AN ADDENDUM. CONFIRM 2027 FUTURE PROOF EVENT DATES. C7AI. SECOND. A MOTION BY COMMISSIONER MAGAZINE, SECONDED BY COMMISSIONER FERNANDEZ ON C7AI. ALL IN FAVOR, PLEASE SAY AYE. [08:45:03] AYE. ANYONE OPPOSED? HEARING NONE, THE C7AI IS APPROVED 7-0. C2E. C2E IS ISSUE RFQ 2026-072-ND, HEALTHCARE BENEFITS CONSULTANT SERVICES. C2E WAS SEPARATED BY COMMISSIONER FERNANDEZ. GOT ONE MINUTE. COMMISSIONER FERNANDEZ. THANK YOU, MR. MAYOR. AND I FULLY SUPPORT MOVING FORWARD WITH THIS RFP, BUT I WANTED JUST TO BRIEFLY PULL IT FROM CONSENT BECAUSE WE JUST WANT TO MAKE SURE THAT WE'RE SETTING THE RIGHT EXPECTATIONS. THIS CONTRACT, I BELIEVE, IS GOING TO SHAPE HOW WE SUPPORT OUR EMPLOYEES' HEALTH CARE SYSTEM AND THE EXPECTATIONS FOR IT. IS THAT CORRECT, CHRISTY OR MARLA? YES, SIR. OKAY, SO I JUST WANT TO MAKE SURE THAT, YOU KNOW, WE JUST SET SOME EXPECTATIONS BECAUSE I KNOW TRADITIONALLY HEALTHCARE HAS BEEN ONE OF THESE AREAS IN THE BUDGETS THAT TEND TO BE THE FASTEST GROWING. I KNOW AS OF THE PAST COUPLE FISCAL YEARS, PERHAPS WE'VE BEEN ABLE TO CONTAIN THAT, BUT I THINK IT'S IMPORTANT FOR THIS CONSULTANT TO SET THE EXPECTATION THAT WE WANT THEM TO CONTINUE SLOWING DOWN COST GROWTH IN HEALTHCARE. AND ALSO AN IMPORTANT FOCUS. ON EMPLOYEE SATISFACTION. EMPLOYEE SATISFACTION IS SOMETHING THAT WE USED TO HAVE THAT WE DON'T HAVE ANYMORE. IT'S AN EMPLOYEE-FACING SERVICE, THAT ON-SITE REPRESENTATIVE THAT WE USED TO HAVE WITH THE INSURANCE COMPANY THAT WAS SO HELPFUL TO OUR EMPLOYEES AND THAT WE DON'T HAVE ANYMORE. SO I JUST WANT TO MAKE SURE THAT AS WE CONSIDER THIS ITEM. THAT WE SET THE RIGHT EXPECTATIONS SO THAT WHOEVER THE CONSULTANT ENDS UP BEING IS ABLE TO MEET THE EXPECTATIONS OF WHAT THE CITY IS GOING TO WANT. THANK YOU. WE'LL MAKE SURE TO DO THAT. THANK YOU. I MOVE THE ITEM. OKAY. A MOTION BY COMMISSIONER FERNANDEZ, SECONDED BY COMMISSIONER SUAREZ. ALL IN FAVOR, PLEASE SAY AYE. AYE. OPPOSED? HEARING NONE, C2E IS APPROVED 7-0. THANK YOU, EVERYBODY. GREAT MEETING. APPRECIATE IT. ADJOURNED. YES. * This transcript was compiled from uncorrected Closed Captioning.