[00:00:01] ONE. OKAY, GOOD MORNING, EVERYBODY. WELCOME TO THE OCTOBER 6TH PLANNING BOARD MEETING. CAN WE START BY, [1. SEPTEMBER 8, 2026 MEETING ] GETTING A MOTION TO APPROVE THE MINUTES FROM THE SEPTEMBER MEETING? MOTION TO APPROVE. CAN WE GET A SECOND? SECOND. OKAY, ALL IN FAVOR? AYE. ALL OPPOSED? OKAY, THOSE ARE APPROVED. MR. CITY ATTORNEY. [CITY ATTORNEY UPDATES] THANK YOU. GOOD MORNING. TODAY'S MEETING OF THE PLANNING BOARD IS BEING CONDUCTED IN A HYBRID FORMAT, WITH A QUORUM OF THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL, AND APPLICANT STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM. THOSE WISHING TO PARTICIPATE VIA ZOOM MAY DIAL THE TOLLFREE NUMBER, WHICH IS 8778535257, AND ENTER THE WEBINAR ID, WHICH IS 86143426327 POUND, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID. INDIVIDUALS WISHING TO SPEAK ON AN ITEM MUST CLICK THE RAISE HAND ICON IF USING THE ZOOM, OR DIAL STAR 9 IF PARTICIPATING BY PHONE. BEFORE I SWEAR ON THOSE WHO ARE TESTIFYING, I'LL READ INTO THE RECORD THE CITY'S NOTICE REGARDING LOBBYIST REGISTRATION. IF YOU ARE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION, OR ANOTHER PERSON, INCLUDING AS AN ARCHITECT, ATTORNEY, OR REPRESENTATIVE OF AN APPLICANT OR AN OBJECTOR, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE BEFORE YOU SPEAK TO THE BOARD. IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER PRIOR TO APPEARING. YOU DO NOT HAVE TO REGISTER IF YOU ARE SPEAKING ONLY ON BEHALF OF YOURSELF, YOU ARE TESTIFYING AS AN EXPERT WITNESS PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION, OR YOU ARE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT COMPENSATION TO EXPRESS SUPPORT FOR OR OPPOSITION TO ANY ITEM. EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATIONS SHALL, PRIOR TO APPEARING, DISCLOSE IN WRITING TO THE CITY CLERK THEIR NAME, ADDRESS, AND THE PRINCIPAL ON WHOSE BEHALF THEY ARE COMMUNICATING. THESE RULES APPLY WHETHER YOU ARE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE. I WILL NOW SWEAR ON EVERYONE WHO IS PHYSICALLY PRESENT IN CHAMBERS AND INTENDS TO TESTIFY. VIRTUAL SPEAKERS WILL BE SWORN IN ONE BY ONE BEFORE ADDRESSING THE BOARD. SO, IF YOU'LL BE TESTIFYING, PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YEAH. THANKS VERY MUCH. ALL RIGHT, WE'RE GOING TO START WITH A REQUEST FOR CONTINUANCE OF WITHDRAWALS, WHICH THERE ARE SEVERAL. THE [2. PB25-0808, SOUTH POINTE OVERLAY DISTRICT – LDR AMENDMENT.] [3. PB25-0809, SOUTH POINTE OVERLAY DISTRICT – COMPREHENSIVE PLAN AMENDMENT] FIRST TWO ARE COMPANION FILE NUMBERS, PLANNING BOARD 250808 AND 0809, SOUTH POINT OVERLAY DISTRICT LDR AMENDMENT AND COMPREHENSIVE PLAN AMENDMENT. THANK YOU, CHAIR. I BELIEVE, THE APPLICANT IS HERE. THEY ARE REQUESTING A CONTINUANCE TO THE NOVEMBER MEETING, AND STAFF HAS NO OBJECTION TO THAT. OKAY. ANYBODY IN CHAMBERS SPEAK ON THAT? ANY QUESTIONS FROM THE BOARD OR SOMEONE WANT TO MOVE IT? MOTION TO CONTINUE TO THE NOVEMBER MEETING. MR. CHAIR, IF I COULD INTERRUPT, WE DO HAVE A PUBLIC COMMENT ON ZOOM. ON THIS MOTION? THEY RAISED THEIR, WE HAVE 3 CALLERS THAT RAISED THEIR HAND. OKAY. WELL, NOW WE HAVE NO OBJECTION. WE HAVE 1 CALLER. CALLER, ARE YOU HERE TO SPEAK ON THE CONTINUANCE REQUEST FOR SOUTH POINT OVERLAY DISTRICT? YES. OKAY. YEAH. GOOD MORNING, MATTHEW VOLTANOFF, 125 JEFFERSON AVENUE. I'M CALLING ABOUT THIS, I'M A RESIDENT SOUTH OF FIFTH NEIGHBORHOOD, AND, THE FIRST THAT I'M HEARING ABOUT IT IN THIS PUBLIC SETTING, SO, I'M WONDERING WHAT SORT OF OUTREACH, IF ANYTHING, THEY'LL BE ABOUT THIS AND WHAT THIS IS, ET CETERA, SO, THAT WE CAN, UNDERSTAND AS A COMMUNITY. THANK YOU. OKAY, WELL, YOU'RE FREE, ARE YOU REPRESENTING THE APPLICANT? I MEAN, YOU'RE FREE TO ANSWER HIS QUESTION. I MEAN, WE'RE HERE ON A CONTINUANCE, SO, IT'S UP TO YOU IF YOU WANT TO. GOOD MORNING, BENJAMIN SHERRY, BERGARA DEL FERNANDEZ, LARKIN AND TOPPAN'S OFFICE, 200 SOUTH BISCAYNE. WE'RE CONTINUING SO THAT WE CAN PURSUE, MORE NEIGHBOR OUTREACH, SO, I'M SURE THEY'LL BE HEARING FROM US SOON. OKAY, THANKS. OKAY, CAN I GET A MOTION TO MOVE IT? I THINK, YASHIL. SECOND. CAN I GET A SECOND? YEP. OKAY, ALL IN FAVOR? AYE. OKAY. ALL OPPOSED? UNANIMOUS, MOVED TO NOVEMBER. THANK YOU. NEXT ONE IS PLANNING BOARD [4. PB26-0826, ALTON BEACH BAYFRONT OVERLAY TEMPORARY SALES CENTER.] FILE 260826 ALTON BEACH BAYFRONT OVERLAY TEMPORARY SALES CENTER. THANK YOU, MR. CHAIR. THE ITEM SPONSOR, COMMISSIONER MAGAZINE IS, IS, RECOMMENDING THAT THIS BE CONTINUED TO THE NOVEMBER MEETING. THERE IS A COMPANION ITEM, FOR THIS THAT IS SCHEDULED FOR THE LAND USE COMMITTEE, AND WE'RE GOING TO HEAR IT AT LAND USE PRIOR TO THE PLANNING BOARD HEARING. SO, THAT'S THE, THE REASON FOR THE, CONTINUANCE, AND STAFF HAS NO OBJECTION TO THAT. OKAY, ANYBODY IN CHAMBER TO SPEAK ON THIS? ANYONE IN ZOOM? NOPE, NO ONE IN ZOOM. OKAY, SO, I WANT TO MOVE IT. MOTION TO CONTINUE. SECOND. OKAY, AND IT'S TILL WHEN? NOVEMBER? NOVEMBER. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY, UNANIMOUS. NEXT ONE, PLANNING BOARD FILE 02, I'M SORRY, [5. PB26-0849, 1445 WASHINGTON AVENUE.] 2608491445 WASHINGTON AVENUE. AND STAFF IS WORKING WITH THE APPLICANT ON THIS PARTICULAR APPLICATION. THEY WEREN'T READY. WE HAD REQUESTED SOME ADDITIONAL INFORMATION THAT WE DID NOT RECEIVE IN TIME TO PLACE ON TODAY'S HEARING. SO, WE ARE GOING TO, WELL, STAFF IS RECOMMENDING THIS BE CONTINUED TO THE NOVEMBER 3RD MEETING. OKAY, ANYONE IN CHAMBERS ON THIS? ANYONE ON ZOOM? OKAY, WHICH MEETING NOVEMBER AGAIN? NOVEMBER 3RD. OKAY, SO, I WANT TO MOVE IT. MOTION TO CONTINUE TO NOVEMBER. [00:05:01] SECOND. OKAY, ALL IN FAVOR? ANYONE OPPOSED? OKAY, UNANIMOUS. [6. PB26-0859, 5757 ALTON ROAD – ZONING MAP CHANGE.] [7. PB26-0860, 5757 ALTON ROAD – FUTURE LAND USE MAP CHANGE] PLANNING BOARD FILE 260859 AND 6O, WHICH IS 5757 ALTON ROAD ZONING MAP CHANGE AND FUTURE LAND USE MAP CHANGE. OKAY, WE RECEIVED A REQUEST FROM THE APPLICANT, WHO'S PRESENT TODAY, THAT THEY WOULD LIKE BOTH OF THESE APPLICATIONS TO BE CONTINUED TO THE NOVEMBER 3RD MEETING. CORRECT. MORNING, EVERYONE. GRAHAM PENN, 200 SOUTH BISCAYNE BOULEVARD. THIS, THIS APPLICATION, THESE TWO APPLICATIONS INVOLVE A SINGLE-FAMILY LOT A ADJACENT TO THE LAGORCE COUNTRY CLUB THAT WE'RE PROPOSING TO REZONE AND INCORPORATE INTO THE CLUB. WE WANTED TO SPEND A LITTLE BIT MORE TIME WITH OUR NEIGHBORS TO LET THEM KNOW HOW THIS CHANGE CAN BENEFIT THEM IN THE DESIGN OF, OF THE FUTURE CLUB IMPROVEMENTS, SO, WE WOULD ASK TO BE MOVED TO THE NOVEMBER AGENDA. OKAY, ANYBODY ELSE IN CHAMBERS ON THIS? ANYONE IN ZOOM? ANY QUESTIONS? MOTION? MOTION TO CONTINUE. I'LL SECOND IT. OKAY, AND THIS IS FOR BOTH ITEMS 6 AND 7. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY, UNANIMOUS. THANK YOU SO MUCH. [8. PB26-0861 A.K.A. PB 2065, 309 23RD STREET.] PLANNING BOARD FILE 260861, 309 23RD STREET. STAFF IS WORKING WITH THE APPLICANT ON THIS PARTICULAR APPLICATION. THE PROPERTY OWNER WAS, GOING TO BE SCHEDULED TO BE IN THE HOSPITAL TODAY, AND HE HAS ASKED THAT THIS BE CONTINUED, TO THE NOVEMBER 3RD MEETING SO HE CAN BE PRESENT AT THE HEARING, AND STAFF HAS NO OBJECTION TO THAT. OKAY. ANYONE IN CHAMBERS ON THIS? ANYONE IN ZOOM? OKAY. ONE QUESTION, DO WE GET LUNCH FOR THE NOVEMBER MEETING? GO AHEAD. BRING YOUR OWN. MO MOTION TO CONTINUE. I'LL SECOND THAT. OKAY, ALL IN FAVOR? ALL IN FAVOR? AYE, ANYONE OPPOSED? OKAY, UNANIMOUS. AND THEN THERE'S ONE THAT IS NOT ON THE AGENDA THAT WAS NOT ON THE MOTION FOR CONTINUOUS AGENDA, BUT HAS BEEN REQUESTED FOR A CONTINUANCE. THAT'S ITEM [9. PB26-0852, HELIPADS IN THE I-1 DISTRICT.] PLANNING BOARD FILE 260852, HELIPAD IN THE I1 DISTRICT. NEESON, I THINK YOU ASKED FOR CONTINUANCE ON THAT. YES, NEESON KAZEN AKERMAN REPRESENTING, THE ONE ISLAND PARTNERS, AND WE DISCUSSED THIS AS WELL WITH COMMISSIONER MAGAZINE, WHO IS THE COMMISSION SPONSOR, AND WE'RE IN FAVOR OF A DEFERRAL TO THE NOVEMBER MEETING. OKAY. TO ALLOW US MORE COMMUNITY OUTREACH AND TESTING AS WELL. OKAY. ANYONE HERE TO SPEAK ON THAT? ANYONE ON ZOOM? OKAY. MOTION TO CONTINUE. I'LL SECOND THAT. ALL IN FAVOR? ANYONE OPPOSED? OKAY, UNANIMOUS. THANK YOU. ALL RIGHT, PROGRESS REPORTS. FIRST IS PLANNING BOARD [10. PB18-0251, 500 ALTON ROAD.] 180251500 ALTON ROAD. THANK YOU, MR. CHAIR. THIS PROGRESS REPORT WAS LAST HEARD BY THE BOARD IN APRIL FOR SEVERAL VIOLATIONS ISSUED FOR PARKING IN THE RIGHT OF WAY ADJACENT TO THE FIVE PARK CONDOMINIUM LOADING AREA AND CONTINUED TODAY'S MEETING TO TODAY'S MEETING. SINCE APRIL, NO ADDITIONAL VIOLATIONS OR COMPLAINTS HAVE BEEN ISSUED TO THE PROPERTY, AND STAFF RECOMMENDS THAT THE PROGRESS REPORT BE CONCLUDED. OKAY, IS ANYONE HERE ON BEHALF OF THE VENUE? WE CONTACTED THEM, LET ME SEE, IS THERE ANYONE ON ZOOM THEIR MANAGER CAME LAST TIME. THAT IS ON BEHALF OF THE CONDOMINIUM ASSOCIATION TO SPEAK ON THIS. FIVE PARK, RIGHT? FIVE PARK. YEAH. I DON'T SEE ANYONE, MR. CHAIR, BUT IT IS, IT'S A PROPERTY THAT I DRIVE BY ALL THE TIME. NO, ME TOO. AND NOW THAT I WAS ALERTED TO THIS ISSUE, I HAVE CONSTANTLY LOOKED FOR ANYONE PARKED IN THAT, THAT ILLEGAL ZONE, THAT STRIPED ZONE, AND, AND IT THEY'VE BEEN GREAT NEIGHBORS, AND I HAVEN'T SEEN ANY, DOUBLE PARKING OR LOADING FROM THE RIGHT OF WAY. OKAY, ANYONE IN CHAMBERS SPEAK ON THIS ITEM? ANYBODY ON ZOOM? ZOOM. OKAY. MOTION TO CONCLUDE. I WILL SECOND. OKAY, ALL IN FAVOR? AYE. AYE, ANYONE OPPOSED? OKAY. THEY SAVED A LOT OF ATTORNEY'S FEES FOR THAT ONE. ALL RIGHT, [11. PB26-0847 A.K.A. PB24-0680 A.K.A. PB 1922,  2201 COLLINS AVENUE.] MODIFICATIONS OF PREVIOUSLY APPROVED PROJECTS, FILE NUMBER 260847, ALSO KNOWN AS 240680, 2201 COLLINS AVENUE. THANK YOU, MR. CHAIR. AN APPLICATION HAS BEEN FILED REQUESTING MODIFICATIONS TO A PREVIOUSLY ISSUED CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT. THIS CUP WAS GRANTED IN 2009 AS PART OF THEIR CONSTRUCTION OF THE W HOTEL. THE APPLICANT IS REQUESTING APPROVAL FOR MODIFICATIONS TO THE CUP, INCLUDING VENUE RECONFIGURATION, INCREASED OCCUPANCY, AND ADDITIONAL ENTERTAINMENT AS PART OF A REBRAND AS THE WALDORF ASTORIA MIAMI BEACH. THE PROJECT INCLUDES THE REPLACEMENT OF THE NIGHTCLUB WITH A PRIVATE LOUNGE, THE ADDITION OF A NEW BEACH RESTAURANT, AND THE EXPANSION OF THE OCCUPANCY OF THE POOL DECK. ADDITIONALLY, AMBIENT OUTDOOR ENTERTAINMENT IS PROPOSED TO BE INTRODUCED THROUGHOUT SEVERAL VENUES. STAFF IS GENERALLY SUPPORTIVE OF THE APPLICATION, INCLUDING THE RECONFIGURATION AND OPERATIONS PLAN, BUT DOES HAVE CONCERN REGARDING THE PROPOSED OUTDOOR ENTERTAINMENT. THE APPLICANT HAS SUBMITTED A SOUND STUDY TO EVALUATE IMPACTS FROM THE PROPOSED ENTERTAINMENT USES. THE SOUND STUDY WAS PEER REVIEWED, AND THE PEER REVIEW OF THE INITIAL STUDY FOUND SIGNIFICANT GAPS, INCLUDING MISSING AMBIENT DATA [00:10:01] NEAR THE CONDOMINIUM AT 2301 COLLINS AVENUE. THE REVIEWER CONCLUDED THAT THE STUDY DID NOT DEMONSTRATE THAT RESIDENT RESIDENTIAL IMPACTS WOULD BE AVOIDED. AN UPDATED STUDY PROVIDED EXPANDED MEASUREMENTS AND MORE DETAILED MODELING. THE PEER REVIEWER CONFIRMED THAT EVEN WITH THE REVISIONS TO THE SOUND STUDY, MODELED SOUND LEVELS AT THE 2301 COLLINS AVENUE SOUTH FACADE EXCEEDED DOCUMENT AMBIENT BACKGROUND CONDITIONS, PARTICULARLY DURING NIGHTTIME HOURS, INDICATING CONTINUED LIKELIHOOD OF AUDIBILITY AND POTENTIAL DISTURBANCE TO THE ADJACENT RESIDENTIAL OCCUPANTS. IN SUMMARY, WE ARE RECOMMENDING APPROVAL OF THE APPLICATION, INCLUDING THE PROPOSED VENUE AND OPERATIONAL MODIFICATIONS, AND A CONTINUANCE OF THE OUTDOOR ENTERTAINMENT PORTION OF THE APPLICATION TO THE DECEMBER 8TH MEETING, IN ORDER TO GIVE THE APPLICANT ADDITIONAL TIME TO ADDRESS POTENTIAL ADVERSE IMPACTS OF THE OUTDOOR ENTERTAINMENT. THANK YOU, JAKE. MR. CHAIR, ALSO JUST I WANT TO NOTE THAT THE CITY'S, PEER REVIEWER, OUR SOUND CONSULTANT FROM ARPEGGIO, IS AVAILABLE. THEY ARE JOINING US TODAY VIA ZOOM IF YOU HAVE ANY QUESTIONS REGARDING THE, THE CITY'S, SO, UND PEER REVIEW. OKAY, AND I KNOW THAT, DEBORAH REACHED OUT TO YOU, BUT ALL TYPES OF TIME REQUESTS WERE MADE, BUT WE'RE GOING TO GIVE EACH SIDE ON THESE 20 MINUTES. SO, NEESON. THANK YOU. PLEASE, PROMOTE TO THE SCREEN OUR PRESENTATION. THANK YOU. GOOD MORNING. NEESON KAZDIN AND CECILIA TORRES TOLEDO OF AKERMAN, REPRESENTING THE APPLICANT, 2201 COLLINS PROPCO. HERE WITH ME TODAY AS WELL ARE, IS THE OWNER'S REPRESENTATIVE, AS WELL AS THE DEVELOPMENT MANAGER, OUR TRAFFIC EXPERTS, OUR SOUND EXPERT, AS WELL, AND OUR ARCHITECTS. THIS IS A VERY IMPORTANT MOMENT FOR MIAMI BEACH AND THE EVOLUTION OF TOURISM AND HOSPITALITY IN MIAMI BEACH. THIS PROPERTY WAS PURCHASED NOT LONG AGO BY THE RUBIN BROTHERS. RUBIN BROTHERS, ONE OF THE MOST, IMPORTANT, GLOBAL INVESTORS. AND THE PLAN IS, AND WHAT IS HAPPENING IS, THIS IS BEING TRANSITIONED FROM BEING A W HOTEL TO WALDORF ASTORIA MIAMI BEACH, WHICH IS THE, BEST BRAND IN THE HILTON CHAIN, AND ALSO ONE OF THE MOST, DESIRED BRANDS IN ALL OF HOSPITALITY. SO, WE'LL ELEVATE TOURISM. I'LL MENTION BRIEFLY ABOUT THE RUBIN BROTHERS. MANY OF YOU MAY KNOW THEM, BASED IN LONDON. THEY OWN A NUMBER OF HIGH-END PROPERTIES AND HOTELS AND OTHER PROPERTIES, MARQUEE PROPERTIES, WHICH THEY, WHICH THEY UPGRADE AND POSITION AND HOLD AS LONG-TERM INVESTORS. THIS IS THE KIND OF INVESTORS WE WANT IN MIAMI BEACH. THERE'S THE GLOBAL PRESENCE OF THE RUBIN BROTHERS, AND THESE ARE AMONG THE HOTELS IN THEIR HOSPITALITY, PORTFOLIO, SO, ME OF THE FINEST PROPERTIES IN IN LONDON, IN NEW YORK, THE CAPRI IN ITALY, WHICH IS A ACTUALLY USED AS THE, EXAMPLE FOR WHAT THEY WANT TO HAVE HERE AT THE W HOTEL IN MIAMI BEACH. I THINK YOU'RE ALSO VERY FAMILIAR WITH THE SITE. OUR IMMEDIATE NEIGHBORS, WE'RE THE W, THE WALDORF PROPERTY IS SURROUNDED IN BLUE. TO THE SOUTH IS THE, PARKING LOT IN CITY'S COLLINS PARK. CADDY CORNER IS THE BASS MUSE AND YOU'LL BE HEARING FROM, AND YOU'LL RECEIVE THE LETTER FROM THE, DIRECTOR OF THE BASS MUSEUM SUPPORTING THIS PROJECT BECAUSE OF HOW THIS WILL ENHANCE THE NEIGHBORHOOD AND THE WORK AND THE PROGRAMMING OF THE BASS. TO THE NORTH, WE HAVE THE ARONI PALACE, AND TO THE NORTH OF THAT IS THE ONE HOTEL AS WELL. AND THEN TO THE SOUTH END OF THE PARKING LOT IS THE, BULGARI HOTEL, WHICH WILL BE, COMING. THE FIRST THING IS, THIS IS A SIGNIFICANT UPGRADE OF THE PROPERTY, REPRESENTING TENS OF MILLIONS OF DOLLARS OF INVESTMENT IN TAKING IT FROM BEING A W, WHICH IS, AND YOU'RE SEEING SOME IMAGES OF THE CURRENT HOTEL, THERE, TO BEING A WALDORF. NOW THERE YOU'RE SEEING THE LOBBY OF THE FAMOUS WALDORF ASTORIA HOTEL IN NEW YORK, ONE OF THE MOST LEGENDARY HOTELS IN THE WORLD. AND YOU CAN SEE, THAT'S THE WALDORF ASTORIA IN, PORTUGAL. THAT'S THE WALDORF ASTORIA IN THE SEYCHELLES. THIS IS THE WALDORF ASTORIA OF VERSAILLES. YOU CAN SEE HOW WHAT THEY'RE GOING TO DO IS TO UPGRADE THE ENTIRE PROPERTY BY INVESTING A GREAT AMOUNT OF MONEY INTO IT TO MAKE IT INTO REALLY THE TOP END IN HOSPITALITY. LET'S LOOK FOR A MOMENT AT THE OVERALL PROPOSED PLAN. FIRST, IT'S IMPORTANT TO UNDERSTAND THIS IS BASICALLY A REPOSITIONING OF EXISTING ELEMENTS OF THE PROPERTY. THERE'S VERY LITTLE THAT IS NEW THAT IS BEING ADDED IN TERMS OF SPACES WHICH WILL BE ACTIVATED. YOU HAVE IN THE LOWER CORNER THE CORNER RESTAURANT, MR. [00:15:01] CHOW'S, THAT WILL REMAIN AS A RESTAURANT AS WELL. THE LOBBY IN PINK IN THE CENTER, PEACOCK ALLEY, WHICH YOU SEE THERE IN THE, FACING 22ND STREET AND THE PARK, AND THEN IN THE GREEN, THE THREE-MEAL RESTAURANT, THE POOL DECK, WHICH IS ESSENTIALLY GOING TO STAY AS IT IS, AND IN THE CORNER, A NORTHEAST BEACH RESTAURANT, BEACH RESTAURANT, THAT'S A NEW ADDITION TO THE PROPERTY. AND ALSO, AS YOU SEE ON TOP OF THE SCREEN, IN A, GOLD, THE PRIVATE MEMBERS LOUNGE. NOW, IT'S IMPORTANT TO UNDERSTAND, THIS WAS THE WALL NIGHTCLUB. IT'S NO LONGER GOING TO BE A NIGHTCLUB OPEN TO THE PUBLIC. IT'S GOING TO BE A PRIVATE MEMBERS LOUNGE, AND SO, THE INTENSITY OF THE ACTIVITY AND THE QUALITY OF THE ACTIVITY WILL BE GREATLY ENHANCED. YOU SEE THERE, WE'LL GO THROUGH THIS QUICKLY IN TERMS OF HOURS OF OPERATION. THERE IS NO, CHANGE REALLY WITH RESPECT TO THE LOBBY IN TERMS OF THAT. YOU'LL SEE THE UPGRADES, THOUGH, IN THE FINISHES AND THE LOOK OF THE LOBBY. PEACOCK ALLEY, THIS WILL HAVE, AND IT'S, LET ME SAY THIS IN ADVANCE AS WELL, NONE OF THE VENUES ON THEIR REGULAR OPERATION WILL HAVE USE THAT IS CREATES ANY SOUND LOUDER THAN AMBIENT NOISE THAT TRAVELS FROM THE PROPERTY. NONE OF THEM WILL HAVE THAT. THIS IS THE PEACOCK ALLEY, WHICH WILL, IS TOWARDS THE EAST END OF THE PROPERTY. THEY'LL HAVE THE INTERIOR SPACE THERE, AND THEY'LL HAVE AN OUTSIDE SPACE THAT'S IN THE DARKER COLOR, WHICH WILL BE FACING 22ND STREET AND THE PARK AS WELL. YOU CAN SEE THE HOURS OF OPERATION AS WELL, WITH INDOOR ENTERTAINMENT AND, AND, AND, OUTDOOR ENTERTAINMENT THEY WILL NOT HAVE. THIS IS A, THESE ARE IMAGES OF PEACOCK ALLEY, AND THIS IS ANOTHER IMAGE OF WHAT IT WILL LOOK LIKE FROM 22ND STREET, AND ALSO THE OUTDOOR AREA ON THE SOUTH SIDE OF THE PROPERTY TOWARDS THE PARK AND THE BEACH. THE THREE-MEAL RESTAURANT WILL BE THE MAIN RESTAURANT, AND PLEASE NOTE THAT THE HOURS FOR THE BAR THERE ARE BEING REDUCED FROM WHAT THEY WERE, WHAT THEY ARE CURRENTLY APPROVED FOR, IS 3 A.M. NOW IT'LL BE 2 A.M. FOR THE LOBBY BAR. THIS WILL BE, INDOOR ENTERTAINMENT ONLY AT THE AMBIENT LEVEL, NO OUTDOOR. NEXT, WE GO TO THE POOL DECK. THE POOL DECK OP HOURS OF OPERATION, THIS IS IMPORTANT FOR EVERYONE TO UNDERSTAND, WILL BE REDUCED FROM WHAT IS CURRENTLY ALLOWED. CURRENTLY, IT CAN GO TO 2 A.M. NOW WILL BE SHUT, IT'LL BE CLOSED AT 10 P.M., ONLY WITH ADDITIONAL HOURS WHERE THE SPECIAL PERMIT REQUIRED. AND THAT'S BECAUSE THERE'S A SIGNIFICANT DIFFERENCE IN THE FUNCTION OF THIS POOL DECK. BEFORE, IT WAS OPEN TO OUTSIDERS AS AN A AND AS AN EVENT SPACE. THIS WILL ONLY BE FOR HOTEL GUESTS, AND HOTEL AND THE PEOPLE STAYING AT THE HOTEL AND THEIR VISITORS. YOU'LL SEE, AND WE'LL DEAL WITH THIS IN A LITTLE BIT, THE OCCUPANCY IS INCREASING, BUT THE, WHAT'S IMPORTANT TO UNDERSTAND IS THIS. THE OCCUPANCY THAT WE'RE ASKING FOR, 1350 OR SO OCCUPANCY, REPRESENTS JUST THE FIRE SAFETY OCCUPANCY. IN OTHER WORDS, IT'S A HOTEL OF 400 ROOMS, THE 2 PLUS GUESTS IN EACH ROOM WILL BE NEED TO USE, WILL USE THE POOL DECK. THE OCCUPANCY BEFORE 525 WAS LIMITED BECAUSE IT HAD OUTSIDE ENTERTAINMENT AND GUESTS ALLOWED. THAT'S NOT ALLOWED IN THE POOL DECK ANYMORE. NEESON, QUICK QUESTION, BECAUSE I, I, YOU KNOW, OVER THE YEARS THERE'S BEEN THE, THE W, ESPECIALLY DURING OUR BASEL, THEY HAVE EVENTS AT THE POOL. WHEN YOU SAY OTHER THAN SPECIAL PERMIT, HOW MANY, IS THERE A LIMIT TO HOW MANY SPECIAL PERMITS YOU CAN GET IN A YEAR? WELL, WE'LL HAVE TO GET APPROVED BY THE CITY FOR ANY NO, I GET THAT, BUT IS THERE A LIMIT TO HOW MANY, OR YOU CAN ASK FOR EVERY WEEKEND AT TECH ARGUABLY, IF YOU WANTED TO? OKAY. THERE ARE 5. 5? THERE'S 5 A YEAR? 05, YEAH. OKAY. I THOUGHT THERE WAS A LIMIT OF 5, AS I'VE TALKED ABOUT THAT BEFORE. THERE'S ONLY A LIMIT FOR, FOR HIGH TRAFFIC WEEKENDS, BUT THE CITY ALSO HAS THE ABILITY TO APPROVE OR NOT APPROVE CORRECT. ANY SPECIAL. NO, NO, THAT I'M AWARE OF. I JUST WANT TO KNOW HOW MANY YOU COULD ARGUABLY HAVE IN, BECAUSE WE KNOW WHAT THE OPPOSITION IS CONCERNED ABOUT, SO, GO AHEAD. YEAH. AND CAN, CAN I JUST ASK FOR ONE CLARIFICATION ON THIS? SO, THIS SLIDE SAYS YOU HAVE INDOOR ENTERTAINMENT TILL 2 A.M., BUT, BUT NA FOR OUTDOOR ENTERTAINMENT. YOUR APPLICATION DOCUMENTS INDICATE YOU ARE GOING TO HAVE ENTERTAINMENT AT THE POOL DECK. YES. WHICH IS OUTDOOR. YEAH, AND TO BE CLEAR ON THAT AS WELL, AND THIS IS VERY IMPORTANT, WHEN WE SAY OUTDOOR ENTERTAINMENT, [00:20:02] THAT'S THE ABILITY TO HAVE, LET'S SAY, A, A, A GUITAR OR LIGHT LIVE MUSIC, BUT ALL SUBJECT TO THE LIMIT THAT IT CAN'T BE HIGHER THAN AMBIENT NOISE, THE AMBIENT LEVEL OF SOUND. SO, YES, THAT IS IT. WE WILL BE HAVING THAT, BUT IT WILL NOT BE ABLE TO BE AT A HIGHER LEVEL THAN AMBIENT SOUND TRAVELING FROM THE PROPERTY. OKAY. SORRY, AND WHAT IS THE CURRENT CONDITION FOR W HOTEL? DO THEY HAVE OUTDOOR, AMBIENT LEVELS? THEY DO HAVE OUT SOME OUTDOOR ENTERTAINMENT CURRENTLY, AND I DON'T BELIEVE IT'S RESTRICTED TO AMBIENT. SO, YOU'RE NOW PROFFERING THAT ALL YOUR OUTDOOR ENTERTAINMENT IS RESTRICTED TO AMBIENT LEVEL SOUND? EXCEPT FOR SPECIAL EVENTS THAT ARE APPROVED. AND THESE ARE IMAGES OF THE, POOL AREA AS IT WILL LOOK, CERTAINLY UPGRADED, TO BE A MUCH MORE REFINED AND ATTRACTIVE SCENE. AND THERE'S THE CORNER RESTAURANT. YOU KNOW IT AS MR. CHOW'S. AGAIN, ANY, THE ENTERTAINMENT WILL BE INDOORS. THERE WILL BE OUTDOOR ENTERTAINMENT, BUT ONLY AT THE END. WHEN YOU SAY MR. CHOW, YOU'RE TALKING ABOUT WHAT WAS THERE? ARE THEY COMING BACK? WHAT WAS THERE? RIGHT. OKAY. IT'LL BE A DIFFERENT IS THE SPACE THE SAME? YES, THE SAME SPACE. ALL RIGHT. AND NOW THE, A NEW FEATURE THAT YOU'RE SEEING HERE IS THE, NORTHEAST BEACH RESTAURANT. AND IT'S IMPORTANT TO UNDERSTAND THAT ACTUALLY HOW IT IS DESIGNED AND LOCATED AND OPERATED IS A DIRECT RESULT OF SIGNIFICANT INTERACTION WE HAVE HAD WITH THE NEIGHBORS IMMEDIATELY TO THE RIGHT, BECAUSE THAT'S WHAT BORDERS THE RONI, CORRECT? YES. AND I'LL TELL TALK A LITTLE BIT MORE ABOUT THAT IN A MINUTE, ABOUT THE SIGNIFICANT, TIME WE HAVE INVESTED IN MEETING WITH THE RONI, AND THE DESIGN OF THAT SPACE SPECIFICALLY RESPONDS TO THEIR CONCERNS, BECAUSE AMONG OTHER THINGS, AS YOU SEE, THE BUILDING WHICH WILL HOUSE THE NORTHEAST BEACH RESTAURANT IN AND OF ITSELF, ACTS AS A BARRIER TO SOUND TRAVELING, TO THE WEST, AND IT, AND OF COURSE, THAT WILL ALSO HAVE THE LIMIT THAT ANY SOUND CANNOT BE MORE THAN AMBIENT. AND THESE ARE IMAGES OF IT. AND FINALLY, THERE'S A PRIVATE MEMBERS LOUNGE, AND THE PRIVATE MEMBERS LOUNGE IS FOR, A UNLIKE THAT THAT SPACE HAS EXISTED IN THE PAST AS A AS A CLUB, AS A CLUB OPEN TO THE PUBLIC, WILL BE MEMBERS ONLY, AND SO IT WILL BE MUCH LESS INTENSE, AND IT WILL ALSO NOT HAVE ANY OUTSIDE, ANY OUTDOOR ENTERTAINMENT. AGAIN, IN RESPONSE TO CONCERNS RAISED BY THE PEOPLE AT THE RONY PALACE RESIDENCES, THERE WAS AN EARLIER ITERATION. REMEMBER, THIS HAS BEEN APPROVED NOW BY THE DESIGN REVIEW BOARD. THERE WAS AN EARLIER ITERATION WHICH OPENED THE EAST FACING WALL TO ALLOW INDOOR AND OUTDOOR USE OF THE, MEMBERS' LOUNGE. AND THE, THE DESIGN HERE SHOWS IT WILL ALL BE CONTAINED INDOORS. THAT WAS DIRECTLY IN RESPONSE TO THEIR REQUEST SO THAT THERE'D BE NO OUTDOOR SOUND EMANATING FROM THAT. NEESON, IS MARY LOU'S NO LONGER THERE? IS THAT? WELL, THAT'S GOING TO BE THE THREE-MEAL RESTAURANT WILL BE. OKAY, BUT THAT AFTER WALL, THAT BECAME MARY LOU'S, CORRECT? NO, MARY LOU'S. MARY LOU'S, SORRY. YOU'RE DONE? YOU KNOW. BECAUSE THAT WAS THE MOST RECENT YEAH. OPERATION. MARY LOU'S WON'T BE. I'M SORRY OF MY IGNORANCE. I DON'T THAT'S OKAY. I DON'T HANG OUT. I JUST WANT TO MAKE SURE I UNDERSTAND ALL THE FACTS. SO, RIGHT NOW IT'S, IT'S NOT OPERATING. I DON'T KNOW THE CLUB SCENE. OKAY. AND NOW ONE OTHER ELEMENT AS WELL IS THE VIP ONLY DROP OFF ZONE FOR THE MEMBER'S LOUNGE. THIS IS A NEW ADDITION, AND WHAT I WANT TO POINT OUT TO YOU IS THAT THAT IS ON THE NORTH SIDE OF THE PROPERTY WHERE THERE IS ALREADY A DRIVEWAY, WHICH IS WHERE ALL THE SERVICE VEHICLES GO FOR THE HOTEL AND HOTEL OPERATIONS AND RESTAURANT OPERATIONS, BUT MORE IMPORTANTLY, TODAY THAT IS WHERE ALL THE VALET OPERATIONS GO AS WELL. THIS IS GOING TO BE A DROP-OFF ONLY, NOT A PICKUP FOR YOUR VEHICLE. THE PICKUP FOR THE VEHICLES WILL CONTINUE TO BE ON 22ND STREET, AS FOR ALL VEHICLES THAT ARE VALETED THERE, BUT IT'S A DROP-OFF FOR VVIPS, YOU KNOW, AND I GUESS IT COULD, IT WILL ALSO BE ABLE TO BE USED FOR PEOPLE WHO ARE HANDICAPPED AND NEED HANDICAP ACCESS. WHAT'S THE NUMBER OF, MEMBERS YOU'RE LOOKING TO HAVE? I DON'T KNOW, I DON'T WE DON'T HAVE A SPECIFIC NUMBER RIGHT NOW. WE DON'T HAVE A SPECIFIC NUMBER YET. IT'S A SMALL GROUP. BUT YEAH, IT'S A RELEVANT [00:25:02] QUESTION ONLY BECAUSE YOU CAN SAY, WELL, IT'S GOING TO BE LESS INTENSE THAN IN PUBLIC, BUT IF YOU HAVE 03,000 MEMBERS, IT MIGHT NOT. SO, THAT THAT'S A RELEVANT QUESTION THAT YEAH, IT IS, BUT ON THE BY THE SAME TOKEN, OF COURSE, THIS IS ALSO THE WALDORF BRAND, AND THEY HAVE TO KEEP TO A CERTAIN STANDARD, AND WE CAN'T LOSE SIGHT OF THE THAT THAT FACT. IT'S MEANT TO BE LIKE A CHAMPAGNE LOUNGE VERSUS YOU HAVE TO STEP UP, ANTHONY. IT'S MEANT TO BE MORE LIKE A CHAMPAGNE LOUNGE FOR A DIFFERENT TYPE OF CUSTOMER THAN THAT THAN THAT'S THERE TODAY. SO, RIGHT NOW IT'S A NIGHTCLUB, OR IT USED TO BE. RIGHT. IT'S NOT GOING TO BE THAT IN THE FUTURE. OKAY. YEAH, SO, DELANO JUST DID THE SAME THING, BUT ANYWAY. RIGHT. YEAH. THAT'S ANTHONY STAHL, WHO IS THE DEVELOPMENT MANAGER. I DO WANT TO TAKE YOU THROUGH BRIEFLY THE, THE VALET SEQUENCE, BECAUSE THAT HAS BEEN RAISED BY THE OBJECTORS. AND AS I MENTIONED TO YOU TODAY, UNDER THE W, THE, VALET DROP OFF AND PICKUP IS ON 22ND STREET. WHAT HAPPENS IS, WHEN YOU DROP OFF YOUR CAR, IT GOES WEST ON 22ND STREET, THEN MAKES A RIGHT TURN UP COLLINS AVENUE, THEN ENTERS THE PROPERTY AT 23RD STREET AND GOES INTO THE GARAGE. THAT'S ALL VEHICLES THAT ARE VALETED ON THE PROPERTY. THAT IS NOT CHANGING IN EXCEPT IN THIS RESPECT. THE VEHICLES THAT GO TO THE PRIVATE MEMBERS LOUNGE WILL DROP OFF ON THE 23RD STREET SIDE AND THEN FOLLOW THE SAME PATH INTO THE, GARAGE AS WELL. AND SO ACTUALLY, IT'S ACTUALLY LESS MOVEMENT ON THE STREET FOR THOSE CARS THAT ARE GOING TO THE VIP LOUNGE, THE MEMBERS LOUNGE. AND IT, IT WILL OTHERWISE, WHEN THEY PICK IT UP THEIR CAR, THEY WILL STILL HAVE TO PICK IT UP ON 22ND STREET. SO JUST, AND PROBABLY THE OTHER SIDE WILL BE ABLE TO EXPLAIN THAT BETTER, BUT THE CONCERN WITH THE DROP OFF AT 23RD IS WHAT SPECIFICALLY FROM THE OTHER SIDE? YOU'LL HAVE, YOU'LL HAVE TO HEAR FROM THEM, YOU KNOW, THEY, THEY SAY SOME NOISE AND, THINGS LIKE THAT, BUT THE FACT OF THE MATTER IS IT IS FOR ONLY THE VVIPS. IT IS ALREADY IN THE ALLEY THAT THE, THE, THAT IS, WHICH IS RIGHT OF, WAS A RIGHT OF WAY THAT IS USED FOR EXISTING VALET OPERATIONS AND SERVICE OPERATIONS. AND IN FACT, WHAT IT DOES DO, I THINK, AS WE CAN SHOW YOU, IS, WELL, LET ME SEE IF I HAVE A SLIDE ON THAT, THAT IT ACTUALLY ENHANCES, THERE IT IS, IT IT'S GOING TO ENHANCE THE LOOK OF THAT ALLEY. INSTEAD OF IT JUST BEING A SERVICE ALLEY, YOU'RE GOING TO HAVE A NICE ENTRANCE THERE FOR THE VVIPS. IT'S GOING TO SCREEN OFF THAT ACTIVITY FROM THE PROPERTIES TO THE NORTH, AND AS AGAIN, AS I SAY, IT IS LIMITED USE. SO, THAT IN THAT IN ESSENCE IS WHAT THIS IS. IT'S ALL ABOUT UPGRADING THIS PROPERTY, IMPROVING THE BRAND. BUT I WOULD LIKE TO ALSO TALK TO YOU BRIEFLY, BECAUSE YOU'VE ALL RECEIVED CORRESPONDENCE FROM, A REPRESENTATIVE OF THE ARONI PALACE. AND, I WANT TO TELL YOU ABOUT A COUPLE OF THINGS WITH REGARD TO THAT. WE'VE MET WITH THE RONI PALACE REPRESENTATIVES A TOTAL OF 4 TIMES, MOST RECENTLY ON SEPTEMBER 11, OF THIS, THIS PAST SEPTEMBER. OUR TEAM, WHO'S SITTING HERE, LEFT WITH THE UNDERSTANDING THAT THE ONLY CONCERN WITH THE APPLICATION IS WHAT HAPPENS IF THERE IS A FURTHER CHANGE IN THE BRAND, BECAUSE THEY WERE ALL EXCITED ABOUT THE WALDORF BRAND COMING. THEY LEFT THAT MEETING AFTER MEETING MULTIPLE TIMES WITH THE RONEY PALACE RESIDENTS, THINKING THAT THEY WERE FINE. NOW, REMEMBER, AS I MENTIONED, THEY MADE CHANGES IN RESPONSE TO THEIR REQUEST. THE MEMBERS' LOUNGE, WHICH HAD OPEN WALLS TO THE EAST, THOSE WERE CLOSED, SO, THERE'S NO OUTDOOR SECTION OF IT. THE, NEW, BEACH RESTAURANT IN THE NORTHEAST CORNER WAS REDESIGNED SO THAT IT DID NOT HAVE ANY IMPACT ON THE NEIGHBORING PROPERTY. THIS IS IN DIRECT RESPONSE TO THE SERIES OF MEETINGS WE HAD WITH THE RONEY PALACE NEIGHBORS. BUT IT WASN'T ONLY AND WHO DID YOU MEET WITH, WITH THE RONEY? WITH THEIR, THEIR BOARD, THEIR ATTORNEY, BUT THERE ALSO LYNN NUNEZ, WHO IS THE PRESIDENT OF THE RONI. NOW, APART FROM THAT THOSE, THOSE 4 FORMAL MEETINGS, ANTHONY, STOLL, WHO'S HERE TO GET TODAY, HAD 5 SEPARATE PHONE CALLS WITH LYNN NUNEZ, THE PRESIDENT, WAS IN CONSTANT COMMUNICATION WITH HIM. AND THIS PROJECT WAS PRESENTED TWICE TO THE COLLINS PARK ASSOCIATION. SO, YOU MAY HEAR CROCODILE TEARS. YEAH, I'M JUST TRYING TO UNDERSTAND THESE BECAUSE SOMETHING'S DISJOINTED HERE BECAUSE YOU MET WITH THEM AND MADE ALL THESE CHANGES BE AND NOW, WE'RE GETTING ALL THIS OPPOSITION. I'M WONDERING WHAT, WHAT HAPPENED IN BETWEEN. AND WE ARE WONDERING WHAT HAPPENED TOO, FRANKLY, BECAUSE, BECAUSE WE HAD MULTIPLE MEETINGS WITH THE ASSOCIATION, SEPARATE, [00:30:01] MULTIPLE SEPARATE CONVERSATIONS WITH THE PRESIDENT, MADE CHANGES IN RESPONSE TO WHAT THEY WANTED. WE WALKED AWAY, ANTHONY WALKED AWAY, THINKING THAT THEY WERE IN SUPPORT OF THIS BECAUSE OF THE W BRAND. AND I WOULD SAY THIS, I WOULDN'T, I WON'T SAY THAT I WAS SHOCKED TO RECEIVE ON FRIDAY EVENING AN OPPOSITION OF PAPER FROM MY OLD FRIEND KENT ROBBINS, BECAUSE THAT IS HIS PRACTICE JUST A COUPLE OF DAYS BEFORE A HEARING. BUT I WAS DISAPPOINTED. AND YOU'VE, YOU ON THIS BOARD HAVE SEEN THIS BEFORE. IT'S ALWAYS THE LAST MINUTE, YOU KNOW, E NO MATTER HOW MANY MEETINGS HAVE BEEN HAD WITH NEIGHBORS, AND I'VE JUST LAID OUT FOR YOU THE HISTORY OF MEETINGS WITH NEIGHBORS. AND, THEY HAD THEIR INPUT, AND THEY HAD THEIR OPPORTUNITY ALL ALONG TO, ON THIS, AND, AND WE MADE SIGNIFICANT CHANGES BASED ON THAT. SO, WE C WE WILL CONTINUE TO WORK WITH THEM. A COUPLE OF OTHER THINGS. THAT'S THE, YEAH, ONE SEC. A COUPLE OF OTHER THINGS THAT I THINK IS IMPORTANT TO UNDERSTAND AS WELL. NUMBER ONE, AS I MENTIONED, THE OUTDOOR, MUSIC, WHETHER IT'S, AMPLIFIED OR ON SPEAKERS OR LIVE THAT'S AMPLIFIED, AND THE LEVEL OF SOUND MUST BE UNDER THIS ORDER AT AN AMBIENT LEVEL FOR ALL REGULAR DAILY OPERATIONS, NUMBER ONE. NUMBER TWO, BEFORE THIS, AND IT'S ONE OF THE CONDITIONS IN THE ORDER, DRAFT ORDER, BEFORE THIS PROPERTY CAN GET A CO, THAT THAT SOUND SYSTEM MUST BE TESTED TO MAKE SURE THAT IT COMPLIES WITH THE REQUIREMENT OF THE ORDER THAT YOU WOULD BE PASSING. I WOULD NOTE THAT VERY RECENTLY, THE SAME THING JUST HAPPENED WITH THE DELANO, WHERE THE DELANO, BEFORE IT OPENED, HAD TO HAVE THEIR SOUND SYSTEM TESTED. AND THERE IS THE CONTINUING OBLIGATION AS WELL, OR RATHER CONTINUING JURISDICTION THAT THIS BOARD HAS IN CASE THERE IS ANY PROBLEM WITH RESPECT TO THAT. AND FINALLY, AND IT'S VERY IMPORTANT, AND I'D LIKE TO SHARE WITH YOU AS WELL, THE CITY'S PEER REVIEWER HAS REVIEWED THE, STUDIES AND I THINK HE'S PREPARED, I DON'T WANT TO SPEAK FOR HIM TODAY, BUT PREPARED TO SAY, CONSISTENT WITH WHAT OUR SOUND EXPERT HAS PROFFERED, HAS OFFERED, THAT THERE WILL BE NO SOUND TRAVELING TO THE RONEY PALACE APARTMENTS ABOVE THE LEVEL OF AMBIENT NOISE. AND BASICALLY, THEY WON'T HEAR THINGS BECAUSE BETWEEN THE OCEAN SOUND, THE WIND, AND EVERYTHING, IT WILL BE UNDER THE DECIBEL LEVEL AT WHICH ANY OF THE RESIDENTIAL UNITS WILL HEAR IT. I THINK YOU SHOULD HEAR THIS DIRECTLY FROM, FROM THE CITY'S PEER REVIEWER AS WELL. SO, NOT ONLY IS THE SOUND THAT'S PROPOSED, DOES IT WORK, BUT IT WILL BE TESTED TO BE SURE IT WORKS BEFORE THE PROPERTY OPENS, AND THEN YOU WILL HAVE CONTINUING JURISDICTION OVER THIS AS WELL. SO, IT IS IMPORTANT FOR US TO BE ABLE TO MOVE FORWARD. THIS IS A HATE TO USE THE OVERUSED TERM, BUT THIS IS A GAME CHANGING PROJECT FOR THIS PART OF MIAMI BEACH. SO DO YOU AGREE OR DISAGREE WITH THE STAFF RECOMMENDATION TO CONTINUE TO THE 8TH OF DECEMBER OUTDOOR WE DON'T FOR FURTHER TESTING? MR. MARKS, WE DON'T THINK THAT IS NECESSARY. WE DON'T AGREE WITH THAT. OKAY. AND THAT'S FOR US TO DECIDE. CORRECT. OKAY. AND ONE OTHER THING I'D LIKE TO DO, I'D LIKE TO SHARE THE, SIGNIFICANT AMOUNT OF SUPPORT WE HAVE RECEIVED FROM NEIGHBORING PROPERTY OWNERS, AND OTHER ORGANIZATIONS AS WELL, INCLUDING, AS I MENTIONED, THE BASS MUSE WHICH IS THE KIND OF THE MOST IMPORTANT NEIGHBOR IN MANY RESPECTS AND LOOKS FORWARD TO THE RELATIONSHIP WITH THE WALDORF TO BENEFIT THE BASS, THAT MUSE BUT ALSO THE BASS ITSELF WILL BENEFIT THE WALDORF. THEY'RE S THEY'RE SORT OF SYMBIOTIC IN TERMS OF THE QUALITY AND WHAT THEY BRING TO THE NEIGHBORHOOD. SO, NEESON, LAST QUESTION ABOUT THE RONI. SO, I DON'T SEE THEM ON THIS LIST. SO, THE PRESIDENT YOU MET WITH AND THE BOARD, AFTER YOU LEFT, YOU THOUGHT EVERYTHING WAS FINE, BUT THEY DIDN'T RECOMMEND, THEY DIDN'T SEND A SUPPORT LETTER. THEY JUST SAID, AS LONG AS YOU MAKE THOSE CHANGES, WE'RE GOOD. THEY SEEM TO, ACCORDING, YES, ANTHONY WAS AT THAT MEETING, AND I REMEMBER HIM REPORTING IT TO ME AFTERWARDS. HE SAID HE THOUGHT EVERYTHING, EVERYONE WAS FINE. YEAH. IF IT'S THE AND SAID YOU'LL, I'LL CALL YOU UP IN A MINUTE. YOU KNOW, AGAIN, BECAUSE IT BEING THE, WALDORF BRAND. LOOK, YOU LOOK AT THE PROPERTIES THE RUBIN BROTHERS HAVE OPERATED, AND [00:35:01] BY THE WAY, IF THERE'S ANY CHANGE IN OPERATOR, IT HAS TO COME BACK TO YOU. YEAH. YOU LOOK AT THE WALDORF BRAND, YOU KNOW, THAT IS, ON TOP OF EVERYTHING IN THE, ORDER ITSELF. YEAH, THERE'S NO, THERE'S NO QUESTION, YOU DON'T NEED TO KEEP THAT. THERE'S NO QUESTION THAT WALDORF'S GOT A GREAT BRAND, AND AS YOU KNOW, THIS BOARD IS HERE TO WANT YOU TO BE SUCCESSFUL AND ALSO GIVE NEIGHBORS A QUALITY OF LIFE. SO, EVERYTHING YOU'VE SAID, I APPRECIATE. THE AMBIENT MUSIC ALL OVER THE PROPERTY IS, YOU KNOW, SO, WE'LL HAVE TO HEAR WHAT THE OPPOSITION IS, BUT EVERYONE HERE SHOULD KNOW THAT OUR GOAL IS TO LET BUSINESSES BE SUCCESSFUL, BUT ALSO GIVING, YOU KNOW, THE NEIGHBORING RESIDENTS A QUALITY OF LIFE. SO, I'D LIKE TO ASK HIM, AS LONG AS HE'S HERE, A COUPLE OF QUESTIONS, OR SHOULD WE JUST DO YOU WANT TO WAIT FOR THE SHOULD WE WAIT? YEAH, I'D RATHER LET EVERYONE PRESENT. OKAY. ALL RIGHT. GO AHEAD, NIECE. ARE YOU, ARE YOU FINISHED? WE'RE, WE'RE FINISHED. OKAY. JUST TO CLARIFY WHAT'S IN THE PACKAGE THAT I JUST PASSED OUT, NOT ONLY DO YOU HAVE THE LETTERS OF SUPPORT, BUT YOU ALSO HAVE A SUPPLEMENTAL SOUND STUDY THAT OUR SOUND ENGINEER SUBMITTED TO DEAL WITH THE REMAINING CONCERNS OF THE CITY'S PEER REVIEWER. YOU HAVE AN EMAIL FROM THE CITY'S PEER REVIEWER BASICALLY CONFIRMING THAT THIS UPDATED STUDY DEALS WITH HIS CONCERNS, WHICH WE HOPE HE CONFIRMS NOW VIA ZOOM AND EXPLAINS A LITTLE BIT MORE HIS POSITION. AND YOU ALSO HAVE OUR PROPOSED MODIFICATION TO THE ORDER CONDITIONS, WHICH WE'LL WALK YOU THROUGH AFTER IN REBUTTAL. OKAY. SO, WHAT WE'RE GOING TO DO, KENT, I'M GOING TO LET KENT, I'M GOING TO LET YOU COME UP, AND THEN WHOEVER IS HERE TO SPEAK ON THIS PUBLICLY AND ON ZOOM WILL GO AFTER THAT. BUT ALL I WOULD ASK THE PUBLIC IS THAT IF THEIR COMMENTS ARE ALL REDUNDANT, YOU DON'T HAVE TO GO THROUGH THE WHOLE ARGUMENT AGAIN, JUST SAY I AGREE WITH THE LAST SPEAKER. KEN. HELLO, MY NAME IS KEN HARRISON ROBBINS. I REPRESENT THE RONEY PALACE CONDOMINIUM ASSOCIATION. I'D LIKE TO SAY THAT WE HAVE NEVER ENTERED INTO AN AGREEMENT SUPPORTING FOUR THINGS THAT ARE BEING PROPOSED. THE EXPANSION OF THE OUTDOOR CLUB, EXCUSE ME, THE OUTDOOR, RESTAURANT THAT'S IN EXISTENCE, ADDING ANOTHER COUPLE HUNDRED SEATS, ANOTHER 3, 400 IN CAPACITY, WHICH WE'LL GO INTO DETAIL. WE NEVER SUPPORTED THE BEACH RESTAURANT, AND WE NEVER IN SUPPORTED THE INCREASE IN OCCUPANCY FROM 520 TO 1300 ON THE DECK, AS WELL AS WE'VE NEVER SUPPORTED THE VALET, OPENING OF THE VALET ON THE NORTH SIDE. WE SUPPORT THE REST OF THE PROJECT, AND WE WERE HIGHLY SUPPORTIVE OF IT BEFORE THE HISTORIC PRESERVATION BOARD, BUT BECAUSE OF OUR OBJECTIONS, WE SPECIFICALLY OBJECTED TO THE BEACH CLUB RESTAURANT THERE. WE OBJECTED TO SUPPOSE THE VARIANCE THAT THEY WERE PROPOSING. WE OBJECTED TO THE MEMBERS ONLY DROP OFF AREA THEN, AND WE OBJECTED TO THE OPENING OF THE NIGHTCLUB TO OPEN UP INTO 23RD STREET. WE CALL IT A NIGHTCLUB, MEMBERS CLUB. THEY'RE SERVING ALCOHOL TO BE, AND THEY'RE PROPOSING ENTERTAINMENT. IT'S A NIGHTCLUB. THEY CAN SAY MEMBERS ONLY AND ALL ELITE, BUT I DON'T KNOW TOO MANY SITUATIONS WHERE YOU CAN SAY THAT PEOPLE, BECAUSE THEY HAVE MONEY AND THEY CAN AFFORD A MEMBERSHIP, THEY'RE GOING TO BEHAVE BETTER THAN THE OTHER REST OF THE CROWD THAT'S COMING IN. BUT LET'S GO OVER AND MAKE MY PRESENTATION. I KNOW THAT WE'RE, IT SAYS HERE ONLY 8 AND A HALF MINUTES. I KNOW I WAS TOLD I CAN ONLY SPEAK FOR 20 MINUTES. I, MY PRESENTATION IS 15 MINUTES. WE HAVE 2 EXPERTS HERE. WE HAVE A TRAFFIC EXPERT, MR. WAX, MR. TAXMAN, WHO'S GOING TO BE TESTIFYING, AND WE ALSO HAVE MR. ARNO BALMER, WHO'S ALSO TESTIFYING BY ZOOM, AND EACH OF THOSE HAD A 10MINUTE PRESENTATION. I KNOW THAT THEY CAN CUT DOWN TO MAYBE 6 OR 7 MINUTES, BUT I'D LIKE TO, FOR THEM TO HAVE THE TIME TO MAKE THEIR PRESENTATION. SO, I'D LIKE THE CLOCK TO BE RESTARTED SO WE HAVE FAIR AND DUE PROCESS. WE'RE RELYING ON OUR PRESENTATIONS. WE CAN'T JUST CUT OFF OUR PRESENTATIONS AFTER WE SUBMITTED FORMAL PRESENTATIONS FOR THIS BOARD. I THINK WE'RE OVERALL RESPONSIBLE TOO. THAT IS A QUESTION, NOT REPEATING THINGS OVER AND OVER. SO, I MEAN, IF YOU GUYS ARE ADDING NEW INFORMATION, THERE'S NO, YOU KNOW, WE WANT TO HEAR IT, SO, YEAH. RIGHT. WE, I MAKE MY PRESENTATION, MY EXPERTS WILL. THEY'RE NOT GOING TO BE REPEATING. GO, GO AHEAD. MR. CHAIRMAN. MAY I START? QUESTION. MY PRESENT. MR. CHAIR, WE GAVE THE, WE GAVE THE APPLICANT AND THEIR TEAM 20 MINUTES. WOULD YOU LIKE ME TO SET THE CLOCK AT 20 MINUTES FOR WELL, THAT'S WHAT I TOLD THEM BEFORE THE MEETING STARTED, SO, YEAH, GO AHEAD. THAT'S WHY I HAD DEBBIE REACH OUT TO YOU YESTERDAY. SHE UNDERSTOOD THE TIME FRAME, SO, GO AHEAD. OKAY, SO, WE'RE, WE'D LIKE TO START THEN AT 20 MINUTES NOW, IF THAT'S, START IN 20 MINUTES NOW. GO. OKAY. I, FIRST OF ALL, WE AGREE WITH THE STAFF THAT THE FINDINGS THAT THE SOUND WOULD BE ADVERSELY IMPACTING OUR CLIENTS, THAT THERE HAS BEEN INADEQUATE STUDIES CONCERNING THE IMPACT ON OUR CLIENTS ON THE RONI, THAT THERE HAS BEEN NO STUDY OF THE CONCENTRATION OF ENTERTAINMENT FACILITIES IN THE VICINITY, AND THERE HAS [00:40:01] NOT BEEN A SUFFICIENT STUDY OF THE OVERALL IMPACT OF THESE PARTICULAR FACILITIES AND ALL THESE FACILITIES AND ALL THE OTHER FACILITIES IN THE NEIGHBORHOOD. ALL OF THESE ARE CRITERIA THAT ARE SPECIFIED WITHIN THE STAFF REPORT THAT THEY'RE NOT IN COMPLIANCE WITH THOSE PARTICULAR CRITERIA. MAY WE START? THANK YOU. SO, I REPRESENT THE RONEY. WE'RE IMMEDIATELY TO THE NORTH OF THIS PROPERTY. NEXT SLIDE. SLIDE 2, PLEASE. I THINK YOU CONTROL. PLEASE USE THE LAPTOP TO WHERE DO WE PROGRESS THE SLIDES. WHERE'S THE CONTROL? THERE SHOULD BE A CLICKER THERE NEXT TO THE LAPTOP. YOU COULD ALSO USE THE ARROW KEYS OF THE LAPTOP. WE HAVE CONTROL OVER THAT. THANK YOU. OKAY, SO, THIS IS THE RONEY IS THE NEIGHBORHOOD MOST AFFECTED. WE HAVE, ACCORDING TO YOUR OWN, PEER REVIEW, IT SAYS IT'S THE MOST PROMINENT POTENTIAL NOISE SENSITIVE RECEPTOR. WE'RE CONCERNED ABOUT THE BEACH RESTAURANT, THE POOL DECK INCREASING FROM 525, THE LIMITATION NOW RAISING THAT LIMITATION TO 1370 PEOPLE, ESPECIALLY ON SPECIAL EVENTS, WHICH THEY WILL ALLOW THE PUBLIC IN. WE'RE CONCERNED ABOUT THE THREE-MEAL TERRACE, INCREASING THE SEATS FROM 68 TO 224, AND INCREASING OF OCCUPANCY. WE'RE CONCERNED ABOUT THE VIP DROP-OFF AREA ON THE NORTH SIDE, AND OPENING UP THE DOORS OF THAT CLUB TO THE NORTH SIDE SO PEOPLE CAN GO IN AND OUT OF THAT FACILITY DIRECTLY ACROSS FROM OUR PROPERTY. SO, I'M GOING TO SKIP THIS. THESE ARE THE 8 PARTICULAR ISSUES THAT WE'RE CONCERNED WITH. THIS IS A SUBSTANTIAL AMENDMENT, AND IT SHOULD BE TREATED AS A NEW APPLICATION, WITH ALL THESE CHANGES. THERE'S 2052 ADDITIONAL FAR FOR THE KITCHEN, AND UNDER THE CODE IT SAYS ANY ADDITIONAL FAR SHALL BE TREATED AS A, AS A NEW APPLICATION. NOW, THERE'S SOME TAKING OFF OF FAR OTHER PLACES, BUT THAT WAS NOT IN THE ORIGINAL SUBMISSION. IN THE ORIGINAL SUBMISSION THAT WAS BEFORE THE BOARD, UNTIL A, A PRESENTATION WAS INCORPORATED IN THE PRESENTATION LAST FRIDAY, THERE WAS NO CALCULATION OF FAR AND NO ABILITY TO DETERMINE WHAT'S THE TOTAL FAR ON THE SITE, BUT WE KNOW THERE'S A 200. SO, THAT IMPLICATES A NEW APPLICATION. NOW, THE OVERALL IMPACT, WE'VE ALREADY TALKED ABOUT THE POOL, BUT THERE'S ALSO INCONSISTENCIES WITH THE REGULATION. OUTDOOR ENTERTAINMENT IS ONLY ALLOWED WITH A SUPPER CLUB, AND BY INCREASING THE NUMBER OF PERSONS AT THE, AT THE THREE DIFFERENT LOCATIONS AS PROPOSED, IT HAS TO HAVE A SUPPER CLUB ON THE SITE. THERE'S NO PROPOSED SUPPER CLUB INVOLVED WITH THE INCREASED ENTERTAINMENT AREA IN ANY OF THE 3 AREAS, THE 3 MEALS, RESTAURANT, THE BEACH RESTAURANT, AS WELL AS THE POTENTIAL OUTDOOR AREA, OTHER AREAS OF THE SITE. THEY HAVE TO ESTABLISH A SUPPER CLUB. YOU CANNOT INCREASE IT. WHEN YOU INCREASE AN AREA, INCREASE THE USE UNDER THE CODE, YOU CANNOT GET A VARIANCE. YOU HAVE TO COMPLY WITH THE SPECIFICS OF THE CODE, AND THAT THERE'S NO PROPOSED SUPPER CLUB. SO, OUTDOOR ENTERTAINMENT IS NOT ALLOWED AS IT'S BEING PROPOSED NOW, AND THERE'S NO SHOWING OF A SUPER CLUB. THERE'S NO REPRESENTATION THEY'RE HAVING A SUPPER CLUB, AND THAT'S A VARIANCE. AND, MR. KLERGIS COULD CONFIRM THAT THAT IS THE LAW. YOU CANNOT EXPAND A USE THAT'S, NONCONFORMING, AND YOU CANNOT INCREASE THAT USE WITHOUT CONFORMING WITH THE ADDITIONAL, CONFORMING WITH THE CODE AS IT IS NOW, NOT AS THE CODE WAS WHEN IT WAS ORIGINALLY APPROVED IN 2009. WHAT CHANGED? I THINK WE WENT OVER IT ALREADY. THEY'RE PROPOSING OUTDOOR ENTERTAINMENT, MUSIC, VOCALIST, STRING, SUPPOSEDLY AMBIENT, BUT WE KNOW THERE'S, HOW DO YOU CONTROL AMBIENT OUTDOOR MUSIC? IN FACT, UNDER THE CODE, THE ONLY TIME YOU CAN HAVE AMBIENT OUTDOOR, THE ONLY PLACE THAT'S DEFINED IS WITHIN A FACILITY. THERE'S NO DEFINITION OF OUTDOOR ENTERTAINMENT BEING AMBIENT. IF IT'S LIVE, IT'S NOT AMBIENT, ITS ENTERTAINMENT, AND THERE'S NO MEANS BY WHICH WE CAN CONTROL THAT ADJACENT TO RESIDENCES. NO WAY YOU CAN MEASURE IT. THERE'S NO MEANS TO CONTROL IT. IT'S NOT LIKE YOU CAN PUT A GOVERNOR ON A SOUND SYSTEM OR A LIMITER. THE THREE-MEAL RESTAURANT, THEY'RE PROPOSING TO GO FROM 480 TO 855 OCCUPANCY. THEY TALK ABOUT INDOOR ENTERTAINMENT AT [00:45:01] 2 A.M. THEY'RE TALKING ABOUT OUTSIDE; THEY'RE PROPOSING OUTSIDE AND INSIDE A TOTAL OF 47 SPEAKERS AND 22 SUBWOOFERS. I FORGOT TO SAY, ON THE POOL DECK, THEY'RE PROPOSING TO ADD 18 SUBWOOFERS AND 34 MOUNTED SPEAKERS. AND FINALLY, ON THE BEACH RESTAURANT, WHICH IS GOING TO BE IMMEDIATELY ADJACENT TO US, THAT'S A WHOLE NEW FACILITY. THAT'S 478 PEOPLE. IT'S 224 SEATS. THEY'RE GOING TO HAVE LIVE MUSIC, DJS, SMALL LIVE BANDS, INDOOR AND OUTDOOR, BUT I DON'T SEE HOW IT'S GOING TO BE INDOOR. THERE'S REALLY NOTHING ENCLOSED WITHIN THE AREA, AND THEY'RE GOING TO HAVE 9 MOUNTED SPEAKERS AND LOW FREQUENCY STACKS, AND THERE'S NO SHOWING THAT THAT'S BEEN LIMITED. ACCORDING TO THE CITY'S PEER REVIEW, THE DB ON THE AREA ON AT THE, AT THE TOWER AT 2301, THE RONI, WILL BE A DB OF 9 TO 14 DB HIGHER THAN THE AMBIENT. DB, AS EVERYBODY KNOWS HERE, 10 DB IS EQUIVALENT TO DOUBLING OF THE SOUND. SO, THIS NOISE WILL BE DOUBLE THE SOUND OF THE AMBIENT SOUND IN THAT AREA, ACCORDING TO THIS. IN FACT, IT'LL BE MORE THAN DOUBLE IN SOME AREAS ON THE RESIDENTIAL TOWER, AND THAT'S BY THE ADMISSION OF YOUR PEER REVIEWER. YOUR OWN APPLICANT CONSULTANT ACKNOWLEDGED THAT 10 DB IS TWICE AS LOUD. NOW, THIS IS THE APPLICANT'S OWN MODEL. IT PUTS ITS MUSIC ON THE RONI VERY CLEARLY, AND YOU CAN SEE, AND THIS IS IN THE SOUND STUDIES THEY SUBMITTED, YOU CAN SEE THE ORANGE ON THE TOWER WITH THE POOL SYSTEM ALONE, AND RED IN THE POOL AREA AROUND THE POOL THAT PEOPLE ARE GOING TO BE LOUNGING IN AT THE RONI. THAT'S GOING TO BE IMPACTED BY SEVERE AMOUNTS OF MUSIC, UP TO 70, DBC. THAT'S THE DBC IS MEASURES BASS SOUND. SO, IT'S GOING TO BE SIGNIFICANTLY HIGHER THAN THE AMBIENT SOUND IN THE AREA. LIKEWISE, THE BEACH CLUB IS GOING TO ALSO HAVE AN IMPACT ON THE TOWER AS WELL AS THE POOL DECK. NOW, THERE ARE A HUNDRED AND, THERE ARE OVER 200 RESIDENTS FACING THIS AREA. WE HAVE PETITIONS, AND WE SUBMITTED IT, AND WE'LL SUBMIT ANOTHER COPY OF IT. WE HAVE 92 PEOPLE THAT LIVE IN THAT AREA THAT HAVE SUBMITTED PETITIONS TO THIS BOARD OPPOSING THIS INCREASED SOUND. NOT OPPOSING THE PROJECT, BUT OPPOSING THE INCREASED SOUND AND IMPACT, AND OPPOSING THE, THE DROP-OFF AREA ON THE NORTH SIDE, AND OPPOSING THE OPENING UP OF MEMBERS OF THE SO-CALLED MEMBERS CLUB ONTO THE NORTH SIDE TO ALLOW THAT DROP-OFF AREA. OKAY, THE APPLICANT'S OWN CONSULTANT RETREATED FROM ITS ORIGINAL POSITION. ITS ORIGINAL POSITION WAS THAT THEY EXPECTED THE SOUND LEVEL WILL BE INAUDIBLE ON THE BALCONIES. THEN, IN SEPTEMBER, THE SEPTEMBER STUDY SAID, AUDIBILITY, PARTICULARLY LOW FREQUENCY BASS CONTENT, CANNOT BE RULED OUT. THAT'S THEIR OWN STUDY. AND THEN THE PEER REVIEW SAID THEY COULD NOT MAKE A COMPELLING CASE REGARDING THE ABSENCE OF IMPACT, IMPACT UPON NEARBY PROPERTIES, NOTABLY THE RESIDENCE AT 2301 COLLINS AVENUE, THE RONEY. THESE ARE THE ISSUES THAT WERE NOT TAKEN CARE OF AND NOT ADDRESSED IN THE SOUND STUDY. NO MEASUREMENT DIRECTLY AT THE RONEY UP IN THE TOWERS. WE WOULD FULLY COOPERATE WITH THAT. UNAMPLIFIED INSTRUMENTS, NOT EVALUATING WHAT AM UNAMPLIFIED INSTRUMENTS WOULD HAVE, DRUMS, BASS, WE KNOW THAT THAT'S GOING TO IMPACT NEXT DOOR. THERE'S NO EXPLANATION OF HOW THE CROWDS, THE INCREASE OF OVER A THOUSAND PEOPLE ON THE DECK IS GOING TO, OR ON THE OVERALL BACK AREA, IS GOING TO IMPACT THE AREA, THE NOISE OF THE CROWD DRINKING. AS THEY DRINK, THEY GET LOUDER AND LOUDER. I DON'T HAVE TO EXPLAIN THAT. THAT'S ALL GOING TO IMPACT THE RONI. I'M NOT GOING TO GO THROUGH THE NOISE ORDINANCE. YOU KNOW WHAT THE NOISE ORDINANCE SAYS. OUTDOOR ENTERTAINMENT, I'VE RE BRIEFLY HIT THIS BEFORE, OUTDOOR AND OPEN-AIR ENTERTAINMENT SHALL ONLY BE PERMITTED AS AN ACCESSORY USE TO A HOTEL. ADDITIONALLY, OUTDOOR AND OPEN-AIR ENTERTAINMENT SHALL ONLY BE PERMITTED AS PART OF A RESTAURANT SUPPER CLUB. THEY HAVE NOT SUBMITTED A RESTAURANT SUPPER CLUB PLAN. ACCORDING TO THE POOL DECK, ACCORDING TO THEIR STUDY, THE POOL DECK SOUND, AND WILL BE IMPACTED BY THE NUMBER OF PERSONS FROM 525 TO 1370. THERE'S A REASON WHY THE ORIGINAL, ORDER LIMITED IT TO 525. IN FACT, WE AGREED, THE RONI AGREED WITH THAT ORDER BACK THEN. NOW THEY'RE, THEY'RE GOING OVER ANOTHER 800. IS THAT WHAT YOU WANT TO HAVE NEXT TO THE RONI AND TO IMPACT THE [00:50:01] NEXT-DOOR NEIGHBORS? WELL, HOW WILL THAT IMPROVE THE NEIGHBORHOOD? HOW WILL THAT BRING A WALDORF ASTORIA BRAND, BENEFIT TO OUR NEIGHBORHOOD AND TO OUR CITY? THE BEACH RESTAURANT, IS A REAL PROBLEM. NOT ONLY DOES IT VIOLATE, AND I'M GOING TO HAVE TO CUT OFF NOW, NOT ONLY DOES IT VIOLATE, THE COASTAL CONSTRUCTION CODE AS FAR AS, EASTWARD MAJOR PROJECTS, BUT IT ALSO BRINGS 478 SEATS, AS WELL AS AN INDOOR BAR WITHIN 40 FEET, AN INDOOR BAR, I MEAN, EXCUSE ME, AN OUTDOOR BAR WITHIN, HAS TO BE AT LEAST 20 PERCENT, 20% OF THE WIDTH OF THE PROPERTY AWAY FROM OUR PROPERTY LINE, WHICH WOULD BE 60 FEET, AND IN FACT, IT'S ONLY, 40 FEET AWAY, SO, IT HAS TO BE AT LEAST 60 FEET AWAY, THAT OUTDOOR BAR. THERE'S NO EVALUATION OF THE TRAFFIC. AND THEN FINALLY, LET ME QUICKLY TALK ABOUT THIS, AND THIS IS THE EXIT OUT OF THE NEW SO-CALLED MEMBERS CLUB WHERE THEY'RE GOING TO BE SERVING ALCOHOL. NUMBER ONE, ALL, ALL ALCOHOL AREAS HAVE TO BE ENCLOSED WITHIN THE FACILITY, AND NO ENTRYWAY CAN BE FROM THE OUTSIDE UNDER THE CODE. THE CODE RIGHT NOW, IT'S PROPOSED THAT A DOOR WILL BE OPENED UP DIRECTLY TO THE ALLEYWAY, AND PEOPLE COULD ENTER THE PREMISES DIRECTLY FROM THE ALLEYWAY. THEY SAY IT'S LIMITED TO DROP OFF, BUT THE CODE IS VERY CLEAR. IT HAS TO BE ENCLOSED, AND IF THEY WANT TO SERVE ALCOHOL AFTER 2 O'CLOCK, IT'S REQUIRED THAT THERE BE NO ENTRYWAY FROM OFF THE SIDE OF THE PROPERTY. SO, THE ENTRYWAY HAS TO BE FROM WITHIN THE HOTEL ITSELF. SO, THIS PROPOSAL VIOLATES THAT CODE. IT'S SEE WHERE THE COASTAL CONSTRUCTION LINE, THERE'S AN ORDER I SUBMITTED SHOWING HOW IT VIOLATES THAT COASTAL CONSTRUCTION LINE. THE MEMBER'S LOUNGE DOES NOT MEET THE CODE. I'VE ALREADY SUBMITTED THAT. I'M NOT GOING TO GO INTO ANY MORE DETAILS ON THAT. THIS CLEARLY VIOLATES THE CODE CONCERNING THE HOURS OF OPERATION. IT HAVE TO CLOSE AT 2 O'CLOCK. AND I'VE ALREADY SUBMITTED, I'D LIKE TO, WHEN WE GO OVER THE ACTUAL ORDER, IF THIS, IF THIS BOARD DECIDES TO GO OVER ORDER, I'D LIKE TO COME BACK AND DISCUSS THE DETAILS OF THE ORDER. AND NOW I'D LIKE TO INTRODUCE MR. BALMER, WHO'S ONLINE, AND HE'S OUR SOUND CONSULTANT, AND HE WILL BRIEFLY MAKE HIS PRESENTATION. AND THEN WE HAVE MR. TAXMAN SITTING DOWN. MR. BALMER. YEAH, THIS IS ARNOLD BALMER. CAN YOU HEAR ME? HI, SIR. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH? I DO. THANK YOU. YES, MY NAME IS ARNOLD BALMER WITH CSDI ACOUSTICS. I'VE, WORKED AS A CONSULTANT SINCE GRADUATING FROM MIT IN 1982. I'VE SERVED AS AN EXPERT WITNESS QUALIFIED IN COMMUNITY NOISE AND NOISE CONTROL, AND I'M A MEMBER OF THE ACOUSTICAL SOCIETY AND THE INSTITUTE OF NOISE CONTROL ENGINEERING. NEXT SLIDE. OKAY. NEXT SLIDE, PLEASE. SO, THE KEY WORDS IN THE, MIAMI BEACH ORDINANCE, YOU KNOW, THERE'S NO DBA REQUIREMENT, DBC REQUIREMENT, BUT THEY TALK ABOUT, UNREASONABLY LOUD SOUNDS, UNNECESSARY SOUNDS, DISTURBING THE PEACE, AND PLAINLY AUDIBLE AT 100 FEET. SO, THOSE ARE THE, THE WORDS THAT CAN REALLY APPLY HERE. NEXT SLIDE, PLEASE. SO, EVERYONE KNOWS ABOUT DBA. IT'S USED A LOT IN ORDINANCES. ANOTHER MEASURE IS DBC, WHICH IS SIMILAR TO DBA, BUT IT BETTER ACCOUNTS FOR LOW FREQUENCY NOISE. AND I THINK EVERYONE'S FAMILIAR THAT A LOT OF THE TIMES THE, THE BASS BEAT FROM MUSIC IS A LOW FREQUENCY NOISE, AND THAT ENDS UP BEING THE REAL COMMUNITY PROBLEM BECAUSE LOW FREQUENCIES PENETRATE BUILDINGS MORE, THEY CURVE OVER BARRIERS MORE. SO, I THINK THAT'S IMPORTANT FOR THIS PROJECT. NEXT SLIDE, PLEASE. FOR A SOUND TO BE HEARD, THE KEY IS HOW LOUD IS THAT, IS THE MUSIC FOR IN THIS CASE, COMPARED TO THE BACKGROUND SOUND, THE AMBIENT SOUND, WHICH IS, YOU KNOW, TRAFFIC, OCEAN, AIR CONDITIONERS, AND THINGS LIKE THAT. SO, IF THE SOUND, THE MUSIC IN THIS CASE, IS LOUDER THAN THE AMBIENT, IT'S GOING TO BE AUDIBLE. AND YOU CAN MEASURE THAT WITH DBA, BUT IT'S ALSO IMPORTANT TO MEASURE FOR DBC TO MAKE SURE THAT THE SOUND'S NOT GOING TO BE LOUDER THAN THE AMBIENT DBC LEVEL. NEXT SLIDE, PLEASE. SO, CRITERION ACOUSTICS CON CONDUCTED A STUDY FOR THE APPLICANT. THEY LOOKED AT AMBIENT SOUND LEVELS, PRESENTED THAT INFORMATION. THEY CREATED A MODEL FOR THE PROPOSED SOUND SYSTEM, AND THEN THEY PROJECTED THE SOUND, TOWARDS THE, THE RONEY CONDO NEXT DOOR. NEXT SLIDE, PLEASE. IN GENERAL, THE STUDY LOOKED GOOD. THERE WERE A FEW AREAS IT LOOKS LIKE IT NEEDED SOME TWEAKING. THIS IS ONE OF THE SLIDES FROM THE FIGURE THERE. YOU CAN SEE KIND OF IN THE, TAN AREA IS THE, THE POOL DECK AT THE RONEY, AND THEN YOU'VE GOT THE FACADE OF THE BUILDING, WHICH IS SHOWN IN BLUE. SO, THEY'RE SHOWING THAT IT'S ON [00:55:01] THE POOL DECK THAT THE SOUND LEVELS ARE 55 TO 60 DBA, BUT SUDDENLY IT DROPS DOWN TO 40 ON THE, ON THE, FACADE OF THE BUILDING, WHICH SEEMS LIKE THERE'S SOMETHING WRONG WITH THE MODEL THERE. IN GENERAL, THINGS LOOK OKAY, BUT THERE'S SOME THINGS THAT PROBABLY NEED SOME TWEAKING. NEXT SLIDE, PLEASE. SO, AN IMPORTANT THING THAT'S PRESENTED IN THERE IS THE AMBIENT SOUND LEVEL, BECAUSE THAT'S THE KEY WITH THIS APPLICATION, IS KEEPING THE SOUND LEVELS BELOW THE AMBIENT. BUT THE AMBIENT'S ALWAYS CHANGING, IT'S GOING TO BE DIFFERENT AT DIFFERENT LOCATIONS, DIFFERENT TIMES OF DAY. THIS IS WHAT THEY PRESENTED IN THE REPORT, WHICH IS AT NIGHT, THIS 48.5 DBA AND 61.2 DBC. AGAIN, THAT'S THE LOW FREQUENCY NOISE. SO, THAT'S THE, THAT'S THE INFORMATION IN THE APPLICANT'S REPORT. NEXT SLIDE, PLEASE. SO, I'VE TAKEN THESE FIGURES FROM THE REPORT, AND THIS IS LOOKING AT THE DBC LEVEL. SO, AGAIN, THIS IS CONCENTRATING ON THE LOW FREQUENCIES. SO, WHAT WE CAN SEE HERE IS, ON THE RIGHT FIGURE DOWN BELOW THERE IN RED, THIS IS THE CALCULATED SOUND WITH ALL OF THE VENUE SOUND SYSTEMS OPERATING, AND WE'RE SEEING LEVELS OF 70 TO 75 DBC ON THE FACADE OF THE, OF THE RONI. AND AGAIN, REMEMBER PREVIOUSLY IN, IN THAT REPORT I MENTIONED THAT THE, THE AMBIENT IS 61. SO, WITH THE AMBIENT OF 61 AND PROJECTED SOUNDS OF 70 TO 75, THAT'S GOING TO BE VERY CLEARLY AUDIBLE. NEXT SLIDE, PLEASE. THIS IS WITH JUST THE POOL SPEAKERS OPERATING, AND AGAIN, THE POOL IS GOING TO HAVE 34 SPEAKERS, SUBWOOFERS, SPEAKERS POINTED IN ALL DIRECTIONS BECAUSE IT'S KIND OF GOING AROUND THE POOL AREA. SO, IT'S NOT AS LOUD AS ALL THE SPEAKERS OPERATING, BUT WE DO HAVE, AGAIN, 65 TO 70 ON THE FACADE, AND AGAIN, THE AMBIENT IS 61. SO, WE'RE LOOKING AT GREATLY ABOVE THE AMBIENT SOUND LEVELS WITH JUST THE POOL SYSTEM OPERATING. NEXT SLIDE, PLEASE. THIS IS JUST THE PEACH CLUB, THE BEACH CLUB, SO, YOU KNOW, SMALLER SYSTEM THERE, BUT AGAIN, YOU CAN SEE THE SOUND BEING PROJECTED, YOU KNOW, TOWARDS THE RONI. WE'RE LOOKING AT KIND OF 60 TO 65 DVC FOR THE SOUND LEVELS OVER THERE, SO, STILL A LITTLE BIT ABOVE THE AMBIENT SOUND LEVELS. NEXT, PLEASE. OKAY, SO, THIS IS A SUMMARY OF THE CRITERION, MODELING THEY DID FOR THE APPLICANT. SO, AGAIN, THE SOUND LEVELS THAT THEY'VE MODELED ARE 55 TO 65 DBA AND 70 TO 75 DBC ON THE FACADE OF THE RONI BUILDING, WITH THEIR EQUIPMENT OPERATING, AND THIS IS MUCH HIGHER THAN THE AMBIENT SOUND LEVELS, WHICH MEANS IT'S GOING TO BE PLAINLY AUDIBLE, IT, YOU KNOW, LOW FREQUENCIES AND MEDIUM FREQUENCIES FOR THE DBA AS WELL. SO, THAT REALLY HAS TO BE ADDRESSED. NEXT, PLEASE. THIS IS JUST A FIGURE SHOWING, AGAIN, IN IN RED IS THE IS THE PROJECTED SOUND LEVELS IN DBA AND DBC, AND IN GRAY IS THE AMBIENT SOUND LEVELS. SO, WHEN YOU'RE WHEN YOU'RE THIS MUCH HIGHER, YOU'RE GOING TO BE CLEARLY AUDIBLE. THESE ARE THE KIND OF LEVELS THAT PEOPLE MIGHT HAVE TO RAISE THEIR VOICES A LITTLE WHEN THEY'RE TALKING TO EACH OTHER. YOU NO LONGER HAVE A QUIET AREA; YOU NOW HAVE THIS BACKGROUND NOISE. NEXT SLIDE, PLEASE. SO, ARPEGGIO DID A PEER REVIEW. WHAT THEY WERE RECOMMENDING WAS TO, GET SOME GOOD AMBIENT SOUND LEVELS, BECAUSE THAT'S, YOU KNOW, IT'S THE KEY TO THIS WHOLE CRITERION HERE, AND THEY RECOMMENDED GETTING SOME ON THE UPPER FLOORS OF THE RONI. WE EXPECT SOUND LEVELS WILL BE LOWER THERE THAN WHERE THEY WERE MEASURED, WHICH WAS AT GRADE FOR THE, FOR THE REPORT. THEY ALSO SAID THAT MUSIC IS LIKELY TO BE AUDIBLE AT THE RONI. NEXT, PLEASE. THE STAFF DID A REVIEW, THEY TALKED ABOUT THE, THE, PEER REVIEW, AND THEY AGREED THAT GETTING BETTER AMBIENT DATA WAS GOING TO BE IMPORTANT, AND THAT THE LOW FREQUENCY IMPACTS ARE THE MOST IMPORTANT. THAT'S WHY THEY WERE RECOMMENDING CONTINUANCE TO ADDRESS SOME OF THESE ISSUES. THE MAIN THING THEY TALKED ABOUT WHERE, IF YOU'RE DESIGNING THE SOUND SYSTEM, YOU NEED TO INCLUDE LIMITERS, AND A LIMITER IS A DEVICE THAT'S PUT ON A SOUND SYSTEM, IT'S ADJUSTED, AND THEN IT CAN'T BE, WITHOUT IT'S LOCKED, SO, IT CAN'T BE EASILY CHANGED. AND WHAT IT PREVENTS IS ANYONE FROM WHO'S PLAYING WITH THE CONTROLS ON THERE FROM EXCEEDING A CERTAIN LEVEL. SO, WHAT THEY'RE RECOMMENDING IS THAT THAT BE ADJUSTED TO, TO SO THAT THE SOUNDS ACTUALLY DON'T EXCEED THE AMBIENT. SO, I DEFINITELY AGREE THAT THAT'S IMPORTANT, AND TO DO IT NOT JUST ADJUSTING THINGS WITH DB LEVELS, BUT ACTUALLY LISTENING AND GOING AND LISTENING ON THE AREAS WHERE THERE'S GOING TO BE IMPACTS, AND THAT THE OTHER THING THAT WAS IMPORTANT IN THE IN THE STAFF REVIEW WAS THAT THIS SOUND SYSTEM, ONCE IT'S BEEN ADJUSTED, BE USED FOR ALL MUSIC. SO, IF A LIVE MUSIC ACT COMES IN, THEY USE THE HOST SYSTEM, SO, WE KNOW IT'S NOT GOING TO EXCEED THESE LIMITS. NEXT. SO, THE OTHER CONCERNS ARE, YOU KNOW, WHEN YOU'RE USING, NOT EQUIPMENT THAT DOESN'T USE THE SOUND SYSTEM, SO, DRUMS OR BRASS OR CROWD NOISES, THERE'S THE ISSUE OF THIS IS JUST A QUIET AREA. PEOPLE ARE ON THEIR BALCONIES. THEY'RE NOT ALWAYS HIDING INSIDE BEHIND WALLS. THEY'RE SLEEPING WITH THEIR WINDOWS OPEN, SO, THIS IS IMPORTANT FOR PROTECTING THAT. YOU KNOW, ANY SOUND SYSTEMS THAT ARE DONE BY DJS OR BANDS COMING IN, COULD BE A PROBLEM UNLESS THEY'RE USING THE HOUSE SYSTEM. ANOTHER ISSUE IS THE USE [01:00:03] OF THE CARDIOID, SUBWOOFERS. SUBWOOFERS, THEIR VERY PURPOSE IS TO PRODUCE A LOT OF LOW FREQUENCY NOISE, AND THAT'S, THAT'S THE CONCERN HERE. SO, WE DEFINITELY WANT TO, TO BE CONTROLLING THE LOW FREQUENCY NOISE. THESE SUBWOOFERS ARE, ARE, ARE POINTED IN ALL DIRECTIONS, SO, THAT COULD BE AN ISSUE. SO, THOSE ARE MY CONCERNS. ANOTHER MINUTE FOR THE HIM. OKAY. ALL RIGHT, SO, MY RECOMMENDATIONS ARE, ARE DOCUMENT THE, THE DBC LEVELS, THE, THE AMBIENT SOUND LEVELS, THE SYSTEM TO MEET THOSE, WHEN DO A TEST WHERE YOU ACTUALLY LISTEN TO THE SOUNDS FROM THE SPEAKER AND YOU ADJUST THE LIMITERS ACCORDINGLY, AND THEN MAKE SURE THOSE LIMITS ARE SET SO THAT PEOPLE ARE PROTECTED ON THE QUIET AREAS IN THE UPPER FLOORS AND IN THE EVENINGS. THANK YOU. ANY QUESTIONS? THANK YOU. OKAY. WE HAVE THE TRAFFIC CONSULTANT HERE TOO, OUR TRAFFIC CONSULTANT, MR. TAXMAN. ALL RIGHT, TRY TO BE BRIEF, BECAUSE A AGAIN, I, I WAS VERY CLEAR YESTERDAY TO LIMIT THESE PRESENTATIONS TO 20 MINUTES, BUT GO AHEAD. THE PROBLEM IS THAT WE HAD A PRESENTATION PRESENT ALREADY SUBMITTED, AND THEN THAT WAS GIVEN TO RIGHT, ON FRIDAY NIGHT, BUT ANYWAY. FRIDAY, THAT'S I, I UNDERSTAND, BUT I HAD DEBBIE TELL CALL YOU GUYS YESTERDAY ANYWAY. DON'T WORRY, I WON'T CHARGE ANYONE. OKAY, SO, MY NAME IS DAVID TAXMAN. I'M A TRAFFIC ENGINEER. CAN SOMEBODY PLEASE PULL UP THE PRESENTATION? OKAY, I'M GOING TO GO THROUGH THIS IN 5 MINUTES. OKAY, SO, I HAVE ABOUT 20 YEARS OF TRAFFIC ENGINEERING EXPERIENCE. I'M GOING TO REALLY KIND OF TALK TO, I WAS HIRED BY THE RONI TO, YOU KNOW, SPEAK TO HOW THIS IS GOING TO IMPACT TRAFFIC IN THE AREA, BUT REALLY, I'M REPRESENTING THE ENTIRE CITY OF MIAMI BEACH BECAUSE EVERYBODY USES COLLINS AVENUE. EVERYBODY'S USING THE, THE PUBLIC PARKING LOT ADJACENT TO THE BEACH THERE. SO, THIS IS REALLY A REFLECTION OF HOW THIS IS GOING TO IMPACT TRAFFIC IN THE AREA AND, AND WHAT IS AND, AND BY THE WAY, IS THIS IN COMPARISON TO WHAT HAS BEEN EXISTING THERE? SO, IT WAS A REVIEW OF THE TRAFFIC STUDY THAT WAS CONDUCTED, IS REALLY WHAT I'M SPEAKING TO, AND IS THIS, IS THIS BASED IN REAL WORLD CONDITIONS? SO IS THE STUDY REALLY REFLECTING? RIGHT, ALL I'M SAYING IS THAT THE W OPERATED FOR YEARS. RIGHT. AND I'M JUST, YOU KNOW, I WANT TO KNOW IF THIS IS SOMETHING, LIKE YOU'RE GOING TO SAY THE WAY IT WAS OPERATING THEN, NOW IT'S 2X TRAFFIC, OR RIGHT. IS THERE A COMPARISON TO WHAT'S BEEN GOING ON THE LAST 10 YEARS, OR IS THIS JUST SOMETHING IRRELEVANT TO PRIOR TRAFFIC STUDIES AND THE NEW TRAFFIC STUDY? LET ME GO THROUGH REAL QUICK. OKAY. AND YOU'LL KIND OF HEAR, OKAY. SO, SO, I JUST WANT TO POINT OUT, SO, I REVIEWED THE TRAFFIC STUDY THAT WAS SUBMITTED AS PART OF THIS, APPLICATION. AND SO, AS PART OF THAT, THAT TRAFFIC STUDY DID TRAFFIC COUNTS DURING THE LOWEST HOTEL SEASON BASED ON THE GREATER MIAMI CHAMBER OF COMMERCE, WHICH IS IN SEPTEMBER. SO, THIS GRAPH SPEAKS TO THAT. DURING SEPTEMBER, THE AVERAGE OCCUPANCY OF A HOTEL IS 60%. YOUR TYPICAL, YOUR PEAK IS ABOUT 85%. IN THE TRAFFIC STUDY, THEY DON'T REFERENCE WHAT THE HOTEL OCCUPANCY WAS AT THE TIME OF THE COUNTS, AND THEY DIDN'T REALLY COUNT THE TRIPS THAT WERE GENERATED TO THE HOTEL AND REFLECT THAT AS PART OF THE ANALYSIS. THEY INSTEAD RELIED ON PROFESSIONAL RESOURCES, AND YOU COULD HAVE JUST USED THE COUNTS AS YOUR TRIP GENERATION RATIOS. SO, THIS JUST SPEAKS TO THAT DIFFERENCE, AND THEY APPLIED A SEASONALITY FACTOR. SO, THAT'S BASED ON TRAFFIC. I'LL INTERRUPT YOU. SO, IS THAT TRUE? WHY WOULD, WHY WOULD THE CITY DO A STUDY ON SEPTEMBER, IF THAT'S THE LOWEST OCCUPANCY OF ALL THE HOTELS? YOU KNOW, THIS IS SOMETHING THAT, THAT THE CITY'S TRANSPORTATION DEPARTMENT AND OUR PEER REVIEWER REVIEW. RIGHT. SO THAT IF THEY BELIEVED THAT THE TIME OF YEAR WOULD SIGNIFICANTLY IMPACT RIGHT. THE STUDY, THEY WOULD HAVE DELAYED IT LIKE THEY HAVE WITH, WITH SEVERAL OTHERS. AND THERE'S WAYS TO ADJUST IT. I'M NOT SAYING DOING IT DURING SEPTEMBER IS THE WORST THING, BUT WHAT YOU CAN DO IS YOU CAN LOOK AT THE HOTEL OCCUPANCY WHEN YOU DID THE COUNTS AND FACTOR THAT IN. THIS STUDY ALL RIGHT. DO. GO AHEAD. OKAY. SO, JUST TO EVEN SPEAK TO HOW LOW THE TRAFFIC COUNTS WERE, ALL TRAFFIC THAT IS, IS VALETED HAS TO GO THROUGH COLLINS AND THEN TAKE A RIGHT ON 23RD STREET TO ACCESS THE GARAGE. DURING THAT, THEIR PEAK TIMES, THEY HAD 6 AM CARS AND 4 PM CARS. HOW IS THAT EVEN POSSIBLE? SORRY, SAY THAT AGAIN, WHAT IS 6 AM AND IT'S DURING THE PEAK HOUR, THERE WERE 6 CARS THAT WERE ESSENTIALLY VALETED AND THEN BROUGHT TO THE GARAGE DURING THE AM PEAK HOUR AND 4 CARS DURING THE PM PEAK HOUR. SO, THAT'S YOUR PEAK VALET ACTIVITY, IS KIND OF WHAT THEY'RE SAYING. THEY DID NOT ACCOUNT FOR, BACKGROUND TRAFFIC OTHER THAN A 1% ANNUAL GROWTH FACTOR. SO, THEY DIDN'T TAKE INTO ACCOUNT ALL THE DEVELOPMENT PROJECTS THAT ARE HAPPENING IN THE AREA, WHICH INCLUDES 130 RESIDENTIAL UNITS, 180 HOTEL ROOMS, AND A 200SEAT THEATER WITHIN A COUPLE BLOCKS OF THE SITE. SORRY, JUST TO PAUSE FOR ONE SECOND. THE VALET CARS RIGHT NOW, [01:05:01] I DON'T KNOW IF YOU KNOW THE ANSWER, IT'S PROBABLY THE APPLICANT. WHERE ARE THEY CURRENTLY HOUSED? IS THERE OFFSITE PARKING, OR IT'S ALL THEY'RE ALL PARKED IN THE GARAGE OFF 23RD STREET. THEY CIRCULATE AROUND THE PROPERTY. AS I SO, IT'S YOUR GARAGE, THERE IS NO OFFSITE PARKING. THEY USE THEIR GARAGE, AS I POINTED OUT BEFORE, AND WE HAVE OUR TRAFFIC EXPERTS HERE. SO, ME OF THIS INFORMATION IS INCORRECT. IT CIRCULATES AROUND THE PROPERTY THE SAME WAY IT CURRENTLY IS DOING. FOR 100% OF THE CARS. YEAH, AND GOES INTO THE GARAGE, 100% OF THEM. 25. YES. 25. YEAH. SO, THEY DIDN'T ACCOUNT FOR, PROJECTS THAT ARE HAPPENING IN THE AREA, INCORPORATE THAT INTO THEIR FUTURE PROJECTION OF FUTURE TRAFFIC. AND AGAIN, WE'RE TALKING ABOUT THIS IS GOING TO BECOME AN ENTERTAINMENT DESTINATION. LIKE, YOU HAVE HOTELS, YOU HAVE A POOL, YOU HAVE A MEMBER'S CLUB. THIS IS GOING TO BE AN ENTERTAINMENT. THEY DIDN'T LOOK AT A WEEKEND EVENT ACTIVITY, SO, YOU SHOULD BE TAKEN INTO ACCOUNT. WELL, BUT IT'S RESTRICTED TO HOTEL GUESTS AND MEMBERS, RIGHT? NO, AREA, JUST ONE LITTLE AREA. HAVE YOU EVER BEEN TO LIKE, CASA NEOS OR MILA OR ALL THESE PLACES? THEY ALL HAVE LITTLE MEMBER LOUNGES, BUT THEY HAVE HUGE AREAS WHERE IT'S GOING TO BE OPEN TO THE PUBLIC. THIS IS JUST LIKE A SMALL AREA THAT'S GOING TO BE A MEMBER LOUNGE. WELL, THAT'S NOT WHAT THEY REPRESENTED, BUT ANYWAY, GO AHEAD. NO, I THINK THAT THE POOL DECK THEY SAID WAS GOING TO BE JUST FOR HOTEL GUESTS. EXACTLY. NO, ANYBODY CAN GO TO THE BEACH RESTAURANT. THE RESTAURANTS ARE STILL ACCESSIBLE. YEAH, WE'RE NOT TALKING ABOUT THE RESTAURANT, WE'RE TALKING ABOUT I'M SAYING EVENTS, OKAY. SO, AND THEN NOT ON, SO, ON TOP OF IT THAT THEY DID THE COUNTS DURING THE LOWEST PEAK SEASON, THEY ALSO TOOK INTO ACCOUNT ALL THESE DEDUCTIONS. SO, THE ONE I WANT TO REALLY POINT OUT IS 44% PASS BY TRIP. SO, THAT'S LIKE WHEN YOU'RE PASSING BY, THIS IS YOUR WAY FROM HOME TO WORK, THAT YOU'RE PASSING BY LIKE A GAS STATION OR MCDONALD'S, YOU JUST PULL IN. THESE ARE NOT PULL IN DRIVE BY LOCATIONS, THESE ARE DESTINATION RESTAURANTS. YOU'RE GOING FROM OUT OF YOUR WAY TO GET TO AN EXPENSIVE DINNER. YOU'RE NOT JUST LIKE PASSING BY MCDONALD'S AND PULLING IN TO GET A QUICK BURGER. THIS IS OUR DESTINATION RESTAURANT. SO, IN TOTAL, THEY TOOK A 56% REDUCTION IN RESTAURANT TRIPS DURING THE PM PEAK HOUR AND A 36% REDUCTION IN HOTEL TRIPS DURING THE PM PEAK HOUR. OKAY, SO, NOW WE'RE GOING TO GET INTO VALET ACTIVITY ON 23RD STREET. THIS IS AN ATYPICAL, IRREGULARLY DESIGNED INTERSECTION THAT CAN CAUSE TRAFFIC CONCERNS, CRASHES, DANGEROUS SITUATIONS. YOU HAVE TWO PARALLEL DRIVEWAYS. YOU HAVE THE RONEY DRIVEWAY AND THE SERVICE DRIVEWAY WHERE THEY'RE GOING TO ADD THE VALET. THEY'RE LITERALLY PARALLEL TO EACH OTHER. SO, SOMEBODY'S PULLING OUT AND THERE'S A GREEN LIGHT, THEY COULD CRASH. THAT'S WHAT THIS IS KIND OF MODELING. SO, THIS JUST KIND OF SPEAKS TO THAT A LITTLE MORE. HERE YOU CAN SEE THIS IS FROM THE SERVICE DRIVEWAY OF A VEHICLE PULLING OUT. THERE'S 2 TRAFFIC LIGHTS. YOU HAVE A RED IS THAT PULLING OUT OF THE RONI THAT IS DRIVEWAY? PULLING OUT OF THE 23RD STREET W HOTEL DRIVEWAY. SO, THOSE ARE THE PEOPLE OKAY, THE W, NOT THE, OKAY. YEAH. BUT THEY SAID, THEY SAID THAT THE VIP PEOPLE ARE GOING TO BE DRIVING IN THAT TUNNEL. IS THAT CORRECT? GOING CORRECT. THE OTHER WAY. OKAY, SO, THIS DOESN'T REALLY THEY DON'T EXIT THAT WAY. DOESN'T CHANGE THE, CHANGE ANYTHING SINCE THEY'LL BE DRIVING UNDER THAT TUNNEL. CORRECT, BUT YOU YOU'RE EXPANDING THE SIZE OF THE SITE. IT'S GOING TO INCREASE ACTIVITY ON THIS DRIVEWAY. SO, WHAT, I JUST WANT TO CONFIRM THERE'S NO EXIT. BECAUSE THERE'S BEEN SOME, THERE IS NO CAR THAT SHOULD BE GOING THAT WAY BECAUSE THEY WOULD ALL BE HAVE TO, HAVE TO CIRCULATE AROUND. RIGHT, THEY SHOULD ALL BE USING THE TUNNEL, BUT I WILL SAY WHEN I WAS OUT THERE, I SAW BOTH TWO-WAY TRAFFIC ON THE VALLEY TUNNEL, AND I SAW EMPLOYEES PARKING IN THE GARAGE. THIS WAS AN EMPLOYEE VEHICLE THAT WAS LEAVING THE GARAGE AND PULLING OUT OF THAT SITE, AND THAT WAS TODAY. SO, SO, TO YOUR POINT, WOULD THAT STREET NOW BECOME A ONE-WAY STREET? NO, WE ARE NO. IT WILL NOT BECOME A ONE-WAY. I JUST WANT TO TALK ABOUT IT. PICKUP TRUCKS. YEAH, YEAH, I'M GOING TO, I'M GOING TO SHOW YOU GUYS. I'M GOING TO LET YOU GUYS REBUT, SO, JUST BE PATIENT. YEAH. SO, THIS IS JUST SPEAKING TO IF YOU'RE MAKING A LEFT TURN, SO, LET'S SAY YOU ARE GOING TO THE DROP-OFF AREA IN THE VALET ON 23RD STREET IN THE SERVICE, YOU DON'T KNOW EXACTLY WHERE TO TURN. SO, IF YOU'RE A NEW PERSON DRIVING THERE, YOU MIGHT TURN INTO THE RONI, AND SO LET'S SAY YOU TURN INTO THE RONI ACCIDENTALLY, THEN WHAT DO YOU DO? YOU PROBABLY TRY AND MAKE AN ILLEGAL U-TURN, AND YOU'RE GOING AGAINST TRAFFIC TO GET ACCESS THAT VALET AREA. SO, AGAIN, DANGEROUS SITUATION. THIS JUST SPEAKS TO THE CONGESTION IN THAT AREA. SO, THIS IS FROM THE TRAFFIC STUDY SHOWING THE, MOVEMENT. SO, AGAIN, YOU HAVE A LOADING DOCK, YOU HAVE THE DROP OFF FOR THE VALET, IT DEAD ENDS, YOU HAVE THE VALET TUNNEL, AND THEN YOU HAVE THE GARAGE DRIVEWAY. SO, THERE IS A LOT HAPPENING IN THIS LITTLE CONGESTED SERVICE ROADWAY WHERE THEY'RE ADDING A VALET DROP-OFF. NOW, SPEAKING TO 22ND STREET AND THE VALET ACTIVITY THERE, THEY DID A VALET QUEUING ANALYSIS, AND AS PART OF THAT VALET QUEUING ANALYSIS, THEY DETERMINED FOR A 12-VEHICLE AREA THAT THEY COULD FIT 12 VEHICLES TO DROP OFF AND PICK UP CARS, YOU NEED 26 VALET ATTENDANTS. TO PUT THAT IN PERSPECTIVE, I HAVE DONE TRAFFIC STUDIES [01:10:02] AT MAJOR HOSPITALS. THEY DIDN'T HAVE 26 VALET ATTENDANTS. THIS IS AN IMPRACTICAL NUMBER. IT'S NOT BASED IN REAL WORLD ACTIVITY, OKAY? IT'S JUST, IF YOU'VE EVER BEEN ON 22ND STREET IN THE EVENING THERE, IT'S A NIGHTMARE. SO, SO, JUST TO BE CLEAR. YES. SO, THE CAPACITY THAT YOU'RE SHOWING RIGHT NOW, 20 WITH 26 VALETS, THIS WOULD BE UNDER THE NEW NUMBERS THAT THEY'RE SUGGESTING? YEAH. SO, WHAT WAS IT IN THE PAST, BASED ON THE OLD NUMBERS? HOW MANY VALETS WERE REQUIRED? HOW MANY VALETS DID THEY HAVE AT THAT TIME? I DON'T KNOW THE ANSWER TO THAT EXACTLY. OKAY, SO, THEN THIS IS JUST A BLOW UP OF THAT NEW VALET DROP OFF AREA. AGAIN, IT'S SHOWING THE DEAD END, THE VALET STAND, THE GARAGE DRIVEWAY, AND THEN, YOU KNOW, HOW THE CARS ARE GOING TO HAVE TO MANEUVER IN AND OUT OF THERE. SPEAKS THAT MORE. THIS IS JUST A PICTURE OF THAT SERVICE DRIVEWAY AND LIKE THE NUMBER OF SERVICE VEHICLES THAT WOULD BE PARKED TYPICALLY THERE USING THAT BACK OF HOUSE. OKAY, SO, NOW AGAIN, GETTING TO THIS IDEA OF LIKE, DOES THE TRAFFIC STUDY OKAY, LAST MINUTE, GO. LAST MINUTE. DOES IT REALLY REPRESENT REAL WORLD CONDITIONS? SO IF YOU'VE EVER DRIVEN ON COLLINS, THIS IS THE SIGNAGE YOU SEE. YOU HAVE BOTH DYNAMIC AND STATIC SIGNAGE SAYING, DO NOT BLOCK INTERSECTION. AND WHAT DOES THAT SPEAK TO? THAT'S BECAUSE IT'S QUEUING. IT QUEUES FOR BLOCKS ON COLLINS. HAVE YOU EVER BEEN IN THERE DURING PEAK HOUR, PM PEAK HOUR, IN AN EVENING AT 10 PM, 11 PM, IT BACKS UP. SO, YOU'RE SUPPOSED TO, WHEN YOU DO THE TRAFFIC STUDY, YOU'RE SUPPOSED TO MODEL THAT. SO, YOU TAKE INTO ACCOUNT THIS QUEUING, AND YOU'RE SUPPOSED TO CALIBRATE THE MODEL TO REFLECT THAT LEVEL OF QUEUING. SO, I'M JUST GOING TO GET INTO THE TRAFFIC STUDY SHOWED THAT THERE'S A LEVEL OF SERVICE AFTER THAT 22ND STREET WESTBOUND MOVEMENT. SO, THAT'S THE TRAFFIC COMING OUT OF THE DROP-OFF PICKUP AREA GOING ON TO COLLINS, AND THEIR RECOMMENDED MITIGATION IS TO TAKE AWAY 20 SECONDS OF GREEN TIME ON COLLINS. SO, YOU ALREADY HAVE AN EXISTING PROBLEM OF EXTENSIVE QUEUING, AND NOW THEY'RE JUST GOING TO TAKE AWAY GREEN TIME. WHAT WILL THAT DO? THAT WILL INCREASE THE QUEUING SUBSTANTIALLY. OKAY. PRETTY MUCH IT, AND THAT'S JUST PIECE TO THAT. OKAY. ALL RIGHT, WE'RE GOING TO, I'M GOING TO GIVE YOU A FEW MINUTES OF YOUR TRAFFIC PEOPLE TO COULD I HAVE ONE MINUTE TO JUST CLOSE UP OUR PRESENTATION? GO AHEAD. THANK YOU. WE JUST MAKE IT REAL CLEAR. WE DID NOT EVER AGREE WITH THE RONI TO HAVE THESE ACTIVITIES THAT WE'RE COMPLAINING ABOUT. FOR THEM TO SAY THERE'S A WHEN YOU SAY WE, WHO IS WE? BECAUSE HE APPARENTLY RONI. THE PRESIDENT, THE BOARD, I WANT TO, THAT'S WHAT I UNDERSTAND HERE, LIKE WHO WELL, THE RONI, I HAVE THE MANAGER HERE WHO IS PRESENT. RIGHT. BUT DO YOU DISAGREE THAT SHE CAN TESTIFY. LET ME ASK YOU, KEN, DO YOU DISAGREE THEY MET SEVERAL TIMES WITH THE BOARD THEY MET. AND THE PRESIDENT? THEY MET, I MET, I'VE HAD CONVERSATIONS WITH THEM MULTIPLE TIMES. THERE WAS NEVER AN AGREEMENT AS TO THOSE. THAT'S NOT WHAT I'M ASKING YOU. LISTEN TO WHAT I'M ASKING YOU. DO YOU AGREE THAT THEY HAD MULTIPLE MEETINGS WITH THE BOARD AND THE PRESIDENT? THEY HAD, THEY HAD PRESENTATIONS. OK. THAT MEETINGS WOULD BE EXAGGERATING IT. IT WAS PRESENTATIONS, AND THEY LISTENED TO THEIR OK, AND THE BOARD AND THE PRESIDENT HAVE INSTRUCTED YOU TO, TO MAKE THESE OBJECTIONS. RIGHT. I WAS RETAINED BY THEM, AND THEY, THESE ARE THE SAME OBJECTIONS WE RAISED BEFORE THE PLANNING, BEFORE THE HISTORIC PRESERVATION BOARD. THOSE ISSUES WERE SO SIGNIFICANT THAT THEY HAD TO WITHDRAW THEM. THE HISTORIC PRESERVATION BOARD, CONTINUED THE MATTER IN ORDER TO DEAL WITH THOSE ISSUES, AND THEN THEY WERE WITHDRAWN BECAUSE THEY KNEW THERE WAS SUCH AN ADVERSE POSITION. I'M GOING TO TELL YOU WHY I'M PUZZLED, BECAUSE, YOU KNOW, BOTH OF YOU PRACTICE LAW, BOTH OF YOU ARE HERE, AND I KNOW YOU'RE BEING HONEST. NEESON'S NEVER MISREPRESENTED ANYTHING TO ME THAT I'M AWARE OF. AND ACCORDING TO NEESON, YOU HEARD HIM, THE, THE BOARD MET, THE PRESIDENT MET, AND EVERYTHING THAT THEY COMPLAINED ABOUT, SUPPOSEDLY THEY ADDRESSED. SO, I'M, DO YOU DISAGREE? THAT'S ALL I'M ASKING YOU. JUST DO YOU DISAGREE WITH THAT? I DISAGREE, AND I HAVE THE GENERAL MANAGER PRESENT WHO WILL TESTIFY TO THAT ISSUE, IF YOU REALLY THINK THAT'S AN ISSUE HERE. OKAY. THEY HAVE NOT AN EMAIL, NOT A WRITTEN DOCUMENT, NOT AN AGREEMENT, ANYTHING. JUST ONE THING, BECAUSE IF THERE'S AN AGREEMENT. OBVIOUSLY, WHEN THERE'S AN APPLICANT, THERE'S SOMEONE WHO MAY DISAGREE, YOU'RE NOT GOING TO AGREE ON EVERYTHING, BUT HAVE THEY INCORPORATED YOUR FEEDBACK INTO ANY PART OF THEIR PROPOSAL? NOT THAT, NOT ON THE MAJOR ISSUES THAT WE HAVE RAISED TODAY. SEPARATE FROM THESE 4 ISSUES. THE ONLY THING THEY DID, THE ONLY HAVE THEY INCORPORATED OKAY. YOUR FEEDBACK INTO THE ONLY THING THAT THEY PLAN TO HAVE ON THE EAST SIDE OF THE, WHAT THEY CALL THE MEMBERS CLUB, THAT WAS GOING TO BE AN OPEN AREA. WE COMPLAINED ABOUT THAT BEFORE THE HISTORIC PRESERVATION BOARD. THEY CHANGED THAT, OKAY, SO, THEY DECIDE NOT TO HAVE THAT OPEN AREA. THAT'S THE ONLY THING I'M AWARE OF. AND THEY ALSO CLAIM THAT THEY INCORPORATE YOUR FEEDBACK FOR THE BEACH RESTAURANT. HAS THAT OCCURRED? NO, THAT IS NOT TRUE. IN FACT, SO, NONE OF YOUR [01:15:01] FEEDBACK WAS INCORPORATED FOR THE RESTAURANT. THE ONLY THING, NO, THERE HAS BEEN NO CHANGES THAT I KNOW OF, OTHER THAN THE CLOSING, NOT HAVING THE MEMBERS CLUB OR BEFORE THE MARY JANE TO OPEN UP ON THE EAST SIDE. THAT WAS NOT DONE LIKE THEY WERE PROPOSING, BUT THERE'S BEEN NOTHING ELSE THAT'S CHANGED. IT'S REFLECTED IN THE WITHDRAWAL OF THOSE ISSUES BEFORE THE HISTORIC PRESERVATION BECAUSE OF OUR STRONG OPPOSITION ON THOSE ISSUES BEFORE. OKAY. ALL RIGHT, THANKS. AND WE'RE, AND I'LL PROFFER THAT, THAT THE, IF THE GENERAL MANAGER TESTIFIES TODAY, SHE'S IN THE AUDIENCE, SHE WOULD TESTIFY ACCORDINGLY THAT THERE IS NO AGREEMENT AND THAT THOSE ISSUES THAT I RAISED TODAY WERE RAISED THEN, AND THEY HAVE NOT, DEALT WITH THOSE ISSUES AS OF THIS TIME. ALL RIGHT, THANKS. NEESON. THANK YOU, MR. CHAIR. I WON'T NEED NEARLY AS MUCH ADDITIONAL TIME OVER THE 20 MINUTES, BUT I WILL NEED ABOUT 6 OR 7 MINUTES TO CLEAR UP SOME OF THE INFORMATION AND MISINFORMATION, IF I MAY. MR. CHAIR, MY SUGGESTION WOULD BE THAT THE APPLICANT DO THAT AS PART OF THEIR REBUTTAL. WE SHOULD SEE IF THERE ARE ANY OTHER MEMBERS OF THE PUBLIC. WELL, I WANTED TO HEAR THEIR RESPONSE, AND THEN I'M GOING TO OPEN TO THE PUBLIC, OKAY. IF YOU DON'T MIND. OKAY, SO, IF BECAUSE I WANT THE PUBLIC TO HEAR, YOU KNOW, YEAH. WHAT HE CLAIMS IS MISINFORMATION SO, THEIR, THEIR COMMENTS CAN BE TAILORED TO THAT. IF YOU COULD ALSO PUT THE, WALDORF PRESENTATION BACK UP AGAIN. LET ME FIRST GET THAT TEED UP. OKAY. FIRST OF ALL, LET ME BE CLEAR, IF YOU REMEMBER WHAT WAS SAID AT THE BEGINNING, I DID NOT SAY THAT THEY AGREED TO THIS. I SAID THAT AFTER MULTIPLE MEETINGS AND MULTIPLE CONVERSATIONS, THE LAST CONVERSATION, THAT OUR PEOPLE WALKED AWAY SAYING THEY THOUGHT THEY WERE SATISFIED, THEY DIDN'T RAISE ANY OBJECTIONS, AND THEREFORE THEY FEEL THAT, CANDIDLY, THIS OPPOSITION AT THE VERY LAST MINUTE IS BLINDSIDING THEM. I NEVER SAID THEY AGREED. I SAID WHAT THEY WALKED AWAY FROM THE LAST MEETING AFTER MAKING CHANGES TO THE PRIVATE MEMBERS LOUNGE, AFTER MAKING CHANGES TO THE RESTAURANT, AFTER EXPLAINING EVERYTHING TO THEM. SO, THAT'S NUMBER ONE. NUMBER TWO, I WOULD LIKE TO ACTUALLY THANK, THE RONI'S SOUND EXPERT BECAUSE HIS STATEMENT WAS, IN GENERAL, THIS LOOKS GOOD, BUT NEEDS SOME TWEAKING. AND IN FACT, IN RESPONSE TO THE CITY'S, PEER REVIEWER AT ARPEGGIO, CERTAIN TWEAKS WERE MADE. OUR, EXPERT DAVE KOCH IS READY TO, TESTIFY TO THAT, BUT I THINK IT'D BE BETTER IF YOU HEAR FROM THE CITY'S PEER REVIEWER. THE PROCESS WORKED AS IT WAS SUPPOSED TO. THE PEER REVIEWER HAD COMMENTS, WE RESPONDED TO THOSE COMMENTS, AND THOSE COMMENTS ELIMINATED THE PROBLEM THAT HE CLAIM PORTS TO EXIST. HIS REVIEWER WAS ACTUALLY CORRECT IN SAYING WITH TWEAKS IT COULD BE COMMON. AND IF I MAY, LET'S SHOW YOU THIS. I KNOW YOU'VE SEEN A LOT OF INFORMATION AND MAPS AND THINGS ABOUT, HEAT, HEAT MAPS, AS THEY'RE CALLED, SHOWING THE SOUND. BUT WITH THE TWEAKS TO THE MODELING THAT WERE SUGGESTED BY THE CITY'S PEER REVIEWER, CECILE, YOU COULD STAY THERE PERHAPS, AND SHOW THEM THAT THE, IF I MAY, LET'S SEE, GET AROUND THERE. WE HAVE A MICROPHONE? IF YOU SEE THERE SO IF YOU SEE THE, THE LIGHT BROWN THAT IS THERE, EMANATING FROM THE, FROM OUR, THAT LIGHT BROWN IS ACTUALLY NOT EMANATING FROM OUR PROPERTY, BUT THAT IS ACTUALLY EMANATING FROM AMBIENT SOUND FROM THE BEACH. YOU SEE THE LITTLE, AREA THAT'S NEAR THE, MEMBERS' LOUNGE, AND YOU SEE THAT DOES NOT EVEN CARRY SOUND ONTO THEIR PROPERTY. BUT I THINK BETTER THAN HEARING FROM ME OR, OR THE ATTORNEYS. LET ME ASK THEM ABOUT THE MEMBERS LOUNGE, YOU KNOW, BECAUSE I USED TO, I WENT THERE MANY TIMES BACK IN THE DAY. IT'S, IT'S AN ENCLOSED VENUE, CORRECT? OKAY, AND IS THERE GOING TO BE MUSIC FROM THAT LOUNGE OUTSIDE? NO. OKAY. AND WE SAID THAT. NO, BECAUSE WALL WAS A, WAS A HARDCORE NIGHTCLUB, BUT THEY CLOSED IT. [01:20:01] RIGHT. THERE WILL NOT BE MUSIC OUTSIDE. WE ALSO CHANGED IN RESPONSE TO THE REQUEST OF THE RONEY RESIDENTS, THE PORTION OF THE MEMBERS LOUNGE THAT WAS GOING TO BE OPEN TO THE OUTSIDE FACING EAST. BUT IF YOU SEE IS THERE A VESTIBULE LEADING IN AND OUT? WHAT? I CAN'T SEE IT FROM THERE, BUT IS THERE A VESTIBULE FROM THE LOUNGE THROUGH, I GUESS, SO, ME WAITING AREA THAT LEADS YOU CORRECT. TO THERE IS A VESTIBULE? YES, YES. FOR THE, FOR THE DROP. AS THEY'RE OPENING UP THE DOORS, THERE'S ANOTHER DOOR THAT'S CLOSED, PREVENTING SOUND FROM CORRECT. THAT'S THE WAY IT USED TO BE. YES. OKAY, STILL LIKE AND SO, BUT AGAIN, THE POINT BEING, IF YOU SEE THE HEAT MAP THERE, YOU WILL SEE THAT NO SOUND ABOVE AMBIENT LEVEL TRAVELS TO THEIR PROPERTY OR THEIR UNITS. BUT I WOULD ASK YOU TO HEAR FROM THE PEER REVIEWER WHO WILL, WHO WILL, WHO WILL VERIFY WHAT IS A PEER REVIEWER AVAILABLE? OKAY. YES. OKAY. ON ZOOM? NOW, YES. BUT IT, BEFORE, BEFORE WE GET THAT, IF I MAY, JUST A COUPLE OF OTHER THINGS. I DON'T WANT TO DEAL WITH, ALL OF THE LEGAL POINTS THAT, THAT KENT RAISED BECAUSE THEY HAVE NO BASIS, BUT ONE IN PARTICULAR, THAT THIS NEEDED TO BE A NEW APPLICATION BECAUSE IT'S A MAJOR MODIFICATION. THE MAJOR OR MINOR MODIFICATION DISTINCTION IS BASED ON WHETHER, IF IT'S MINOR, IT CAN BE APPROVED BY STAFF. IF IT'S MAJOR, IT HAS TO GO TO THE BOARD, YOU. THAT'S WHY THIS IS GOING TO THE BOARD. IT IS A MAJOR MODIFICATION; IT'S GOING TO THE BOARD. THAT'S THE WAY THE PROCESS IS HANDLED. AND ONE OTHER POINT AS WELL, IN TERMS OF THE SUPPER CLUB REGULATIONS, THEY DO NOT, A, WHAT WE HAVE, BECAUSE THERE'S MEAL SERVICE THROUGHOUT, IS, QUALIFIES, BUT B, AS THE CITY ATTORNEY WILL TELL YOU, THE PLANNING DIRECTOR WILL TELL YOU, THAT LIMITATION THAT MISS ROBBINS TALKS ABOUT DOESN'T APPLY TO US. MORE IMPORTANTLY, WHAT I'D LIKE TO DO, THOUGH, IS, DO 2 THINGS. I'D LIKE TO BRING UP OUR, TRAFFIC EXPERT TO TALK ABOUT THE CIRCULATION AND SOME OF THE COMMENTS THAT WERE MADE BY HIS EXPERT, AND THEN BRIEFLY AS WELL TO HAVE ANTHONY SAUL TALK TO YOU, BRIEFLY TALK TO YOU ABOUT SOME OF THE OPERATIONAL, WHAT'S CORRECT IN TERMS OF THE OPERATION AND NOT WHAT WAS MISSTATED, SO. DEREK? JUST BEFORE, SORRY, JUST BEFORE I SPEAK, JUST CAN YOU GUYS CONFIRM LEGALLY WHAT THEY'RE SAYING ABOUT THE RESTAURANT SUPER SUPPER CLUB? IS THAT CORRECT? BECAUSE NOW WE HAVE TWO DIFFERENT, LEGAL COMMENTS HERE. YES, SO, UNFORTUNATELY, THE FLORIDA LEGISLATURE A FEW YEARS AGO, AND I'VE SPOKEN ABOUT THIS WITH THE BOARD BEFORE, ADOPTED A, A LAW THAT WE REFER TO AS SENATE BILL 180, WHICH PREVENTS US, PREVENTS THE CITY AND OTHER LOCAL GOVERNMENTS IN FLORIDA FROM ADOPTING ANY MORE RESTRICTIVE AMENDMENT TO OUR COMPREHENSIVE PLAN OR LAND DEVELOPMENT REGULATIONS. SO, AS A RESULT OF THAT, A NUMBER OF ORDINANCES, AT STARTING ON AUGUST 1 OF 2024 AND MOVING FORWARD, ARE, ARE NOT ENFORCEABLE. ONE OF THOSE IS THE SUPPER CLUB ORDINANCE. OKAY. YEAH, GOOD MORNING, EVERYBODY. DEREK DEDESKY HERE. I'M THE TRAFFIC ENGINEER FOR KIMLEY HORN. I'M NOT GOING TO ADDRESS ALL THE COMMENTS MADE BY THE CONSULTANT, BUT I DO WANT TO RAISE 3 POINTS. THE FIRST ONE ABOUT THE DATA COLLECTION ISSUE. WE DID COLLECT DATA DURING SEPTEMBER, BUT AS A STANDARD ENGINEERING PRACTICE, WE APPLIED FACTORS, PEAK SEASON, FACTORS, TO MAKE SURE WE WERE ANALYZING PEAK SEASON, N CONDITIONS. THE CITY REVIEWED IT, APPROVED IT, AND SO THAT'S, THAT'S A NONFACTOR. THE SE SECOND THING I WANT TO ADDRESS IS, THE COMMENTS ABOUT THE VALET. WE HEARD THEIR CONCERNS AND ADDRESSED SOME OF, SO, ME OF THEM, AND WE MODIFIED THE VALET TO MOVE PICKUP DOWN TO 22ND STREET, AND WE PERFORMED A SUPPLEMENTAL ANALYSIS FOR THAT. AND SO 23RD STREET'S ONLY GOING TO FUNCTION AS A DROP-OFF. NOW, THE VOLUME ASSOCIATED WITH THAT VIP MEMBERS LOUNGE IS REALLY LOW, SO, IT DOESN'T MOVE THE NEEDLE MUCH, AS FAR AS IMPACTS, BUT WE DID MAKE THAT CHANGE FOR THEM, AND THE, APPLICANT COMMITTED TO THAT AT THE LAST HEARING. THE NEXT THING. IN, IN RESPONSE TO THE RONI'S REQUEST. CORRECT. AND, THE LAST THING I WANTED TO BRING UP WAS, HE SHOWED AN IMAGE OF, LIKE, A TEA BON AT 23RD STREET IN COLLINS. LIKE, THAT ISN'T PERMITTED AT THAT. IT'S NOT DESIGNED THAT WAY. IT OPERATES UNDER WHAT YOU CALL A SPLIT PHASE OPERATION, WHICH DOESN'T ALLOW CONCURRENT OR CONFLICTING MOVEMENTS TO HAPPEN CONCURRENTLY. SO, AGAIN, I'M NOT SURE WHAT SIGNAL OPERATING PLAN HE'S READING, BUT THAT'S INACCURATE. AND SO, I THINK, APART FROM THAT, LIKE, THE CITY WAS STRICT. WE WENT THROUGH A PEER REVIEW PROCESS, THE METHODOLOGY WAS APPROVED, AND SO APART FROM THAT, I THERE'S NOT MUCH ELSE I CAN SAY TO HIS COMMENTS. YEAH. AND THEN FINALLY, I'D JUST LIKE ANTHONY STAHL, WHO'S THE DEVELOPMENT MANAGER, TO MAKE A FEW COMMENTS WITH REGARD TO OPERATIONS. HI, EVERYBODY. YES, I, I THINK WHAT'S IMPORTANT HERE IS THAT MOVING FROM THE W TO A WALDORF, THE WHOLE POINT IS TO NOT BE A NIGHTLIFE, LOUD ENTERTAINMENT DESTINATION ANYMORE, RIGHT? THAT'S HOW IT'S OPERATED FOR THE LAST 10 YEARS. [01:25:02] IF WE WANTED THAT, WE WOULD HAVE JUST KIND OF KEPT IT AND TURNED UP THE VOLUME, SO, TO SPEAK. SO, THE WALDORF, THEIR BRAND STANDARDS, YOU, YOU CAN'T HAVE LATE NIGHT LOUD MUSIC. SOMEBODY MENTIONED CASA NIOS. THIS IS NOT WHAT THAT'S GOING TO BE. THIS IS A DIFFERENT CLIENTELE COMPLETELY. IT'S AN OLDER CLIENTELE. IT'S TYPICALLY, OF, YOU KNOW, FAMILIES, RIGHT? AND THAT'S WHAT WE'RE KIND OF DESIGNING ALL OF THESE SPACES AROUND. SO, ALL THESE FOOD AND BEVERAGE OUTLETS ARE MEANT TO SERVICE THAT CUSTOMER, WHICH AGAIN IS COMPLETELY DIFFERENT THAN THE W, AND THAT'S THE WHOLE POINT HERE. WE'RE ALSO VERY SENSITIVE AROUND SOUND AS WELL BECAUSE WE HAVE RESIDENTS HERE ON PROPERTY, RIGHT? SO NOT SO DISSIMILAR FROM THE ONE HOTEL BEING CONNECTED TO THE RONI PALACE. SO, AGAIN, THIS HAS ALL BEEN DESIGNED TO, TO SERVICE, THE WALDORF BRAND. THANK YOU. AND, AND ONE LAST POINT, IN THE POT CALLING THE KETTLE BLACK, THE ONE HOTEL, WHICH IS THE SAME BUILDING AS ARONI PALACE, HAS LIFE, LIVE OUTDOOR MUSIC AND, RECORDED MUSIC PLAYED BY A DJ IN THEIR CUP. THEY HAVE A ROOFTOP VENUE THAT CAN HAVE LIVE OUTDOOR MUSIC. THEY HAVE A BEACH RESTAURANT, AS WELL. THEY HAVE THE SAME OR MORE ACTIVITIES ON THEIR OWN PROPERTY. THEY CAN WE HEAR FROM THE CITY? CAN I JUST ASK ONE QUICK. SURE. BECAUSE HE BROUGHT IT UP. I DON'T SEE THE CONDOS SUPPORTING DOCUMENT. WHAT IS THE CONDO OF THE W, AND I GUESS THEY'RE GOING TO BE REBRANDED? YEP. THEY OWN THE UNITS. EXACTLY. THEY LIVE THERE, THEY'RE RENTING IT. DO YOU HAVE ANY WRITTEN BOARD? THEY HAVE A BOARD. IT'S AN, IT'S AN HOA, RIGHT? YEAH. IT'S A ASSOCIATION OF A 718. WHAT'S THEIR OPINION OF THE NOISE AND ALL THE ACTIVITIES THAT ARE GOING ON? THERE'S BEEN OVERWHELMING SUPPORT FOR WHAT WE WANT TO DO HERE. I DON'T KNOW IF WE HAVE ANYTHING WRITTEN. DO YOU HAVE ANYTHING SUBMITTED? BUT WE, NO, I DON'T BELIEVE WE DO. I FIND IT STRANGE. I MEAN, WHY WOULDN'T THEY, THEY'RE CLOSER THAN THE RONEY. I THINK IT WOULD BE BENEFICIAL TO KNOW WHAT THEY THINK. I MEAN, THEY ALL, OF COURSE, RECEIVE NOTICE INDIVIDUALLY, YEAH, WE'VE DONE MULTIPLE AND THEY ARE SUPPORTIVE. THEY REALLY ARE LOOKING FORWARD TO THE REBRANDING, EVEN THOSE WHO ARE, A NUMBER OF PEOPLE WHO ARE PERMANENT RESIDENTS THERE. THEY, THEY LIKE THIS CHANGE OF USE FOR THE PROPERTY. AND, TO DEMONSTRATE THAT, WE'VE HAD CONDO UNIT OWNERS ACTUALLY, CONTRIBUTE THEIR APARTMENTS TO OUR RENTAL PROGRAM, PROGRAM THAT'LL BE ASSOCIATED WITH THE WALDORF BECAUSE THEY ARE EXCITED ABOUT THE WHOLE REBRAND. AND I'M ASSUMING IF RESIDENTS HERE DO OBJECT, THEY'LL PROBABLY SPEAK, SO, WE'LL SEE. WELL, THEY SPEAK UP, BUT THAT'S WHY WE HAVEN'T TALKED ABOUT THE FACT THAT THEY ACTUALLY HAVE CONDOS. RIGHT. RIGHT IN THE CORRECT. THEY ALL, THEY ALL GOT NOTICE, SO, THEY'RE ALL AWARE. ALL RIGHT, CAN WE HEAR FROM THE CITY'S, YES, OUR PEER REVIEWER, JESSE, I SEE YOU HAVE YOUR HAND RAISED. YOU SHOULD BE ABLE TO UNMUTE YOURSELF SHORTLY. SIR, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU. OKAY, SO, YEAH, I'VE BEEN LISTENING THROUGHOUT THIS, AND THERE'S A, A LOT OF ACCURATE STATEMENTS THAT HAVE BEEN MADE. SO, BASICALLY, I WAS BROUGHT ON TO REVIEW CRITERION SOUND STUDY, THE INITIAL ONE, AND I POINTED OUT MANY OF THE, SAME THINGS THAT ARNO AT CTSI BROUGHT UP. AS A RESULT, GREAT, I THEN I ISSUED OUR REVIEW, REPORT, CRITERIA, SUBMITTED A NEW STUDY, WHEREBY THE LEVELS I DEEMED WERE STILL TOO HIGH, AND I RESPONDED VIA EMAIL TO THAT. FINALLY, I SPOKE WITH, DAVE KOCH WITH CRITERIA AND CALLED ME, LATE LAST WEEK AND BASICALLY SAID, SO, YOU KNOW, WHAT ARE YOU LOOKING FOR? AND I SAID, WELL, WHAT I'M LOOKING FOR IS, MODELED LEVELS UNDER 60 DBC, ON THE FACADE OF, OF THE RONI. AND SO, WE TOOK THAT AND, REDUCED LEVELS OF ALL THE SOURCES AT THE WALDORF ASTORIA. AND MONDAY I RECEIVED A, AN EMAIL WITH THE, V2, THE VERSION 2 REPORT, IT WAS ACTUALLY THE THIRD, SET OF MODELING RESULTS THAT I'D SEEN. SO, CECILIA, TORRES TOLEDO WITH ACKERMAN, SENT ME, SENT ME VIA EMAIL THIS REPORT AND ASKED ME FOR MY COMMENTS, AND I THINK IT'S BE MORE, MORE TO THE POINT IF I JUST READ OUT WHAT I SENT TO CECILIA. VERSION 2 OF THE SOUND STUDY REPORT DATED 10/2/26 SHOWS SIGNIFICANTLY REDUCED SOUND LEVELS ON THE SOUTH FACADE OF THE CONDO BUILDING AT 2301 COLLINS AVENUE AS COMPARED WITH PRIOR VERSIONS OF THE SOUND STUDY, SPECIFICALLY FIGURES 512, [01:30:01] 522, 532, 542, 552, 562, 572, 582, AND 592 SHOW ESTIMATED WEIGHTED SOUND LEVELS, WHICH IS THE PREFERRED SOUND LEVEL METRIC FOR LOW FREQUENCY BASS MAY BE AN ISSUE, NO HIGHER THAN 60 DBC, WHICH APPEARS TO BE CLOSE TO THE BACKGROUND SOUND LEVELS IN THE AREA AT NIGHT ON THE ENTIRE, SOUTH FACADE. IN ORDER TO ACHIEVE THESE LEVELS AT THE CONDO BUILDING, IT WILL BE INCUMBENT ON STAFF AT THE WALDORF ASTORIA TO FAITHFULLY CONTROL SOUND LEVELS AT THE HOTEL'S VENUES, IN LINE WITH ASSUMPTIONS IN THIS VERSION OF THE SOUND STUDY. PRECISE LIMITS SHOULD BE SET DURING A COMMISSIONING EXERCISE AFTER SOUND SYSTEM INSTALLATION, WHEREBY STAKEHOLDERS STATIONED AT RESIDENCES AT 2301 COLLINS AVENUE AND SOUND LEVELS AT VARIOUS WALDORF ASTORIA VENUES ARE ADJUSTED. IN ADDITION, WE ARE IN FAVOR OF A CONTINUOUS NOISE MONITORING SYSTEM PROPOSED NEAR NORTH PROPERTY LINE, AS DESCRIBED IN SECTION 7. THAT WAS MY RESPONSE TO CECILIA, WHICH IN A NUTSHELL, AGAIN, I MEAN, THIS IS NOT, THIS PORTION OF IT IS NOT REALLY ROCKET SCIENCE. YOU CAN ALWAYS TURN DOWN THE VOLUME, TO THE POINT WHERE IT WON'T AFFECT THOSE NEIGHBORS. THE MOST RECENT SET OF, OF, HEAT MAPS THAT DAVE KOCH OF CRITERION PRODUCED, SHOWED LEVELS UNDER 60 DBC. WHETHER OR NOT THE VENUES AT WALDORF ASTORIA ARE HELD, TO THE ASSUMED LEVELS IN THAT REPORT, YOU KNOW, IS UP TO THE WALDORF ASTORIA. SO, IF I IF THERE ARE ANY QUESTIONS, PLEASE FEEL FREE. ANY QUESTIONS BEFORE WE LET HIM GO? YEAH, I HAVE SOME QUESTIONS. SO, YOU'RE BASICALLY SAYING THAT, THAT YOU CAN MODEL IT ANY WAY YOU WANT, BUT WE HAVEN'T HAD A REAL LIVE TEST. YOU DON'T KNOW WHAT SOUND EQUIPMENT THEY'RE DOING, TO TRY TO KEEP THE DBC BELOW, AT 60 OR BELOW. IS THAT CORRECT? WELL, I MEAN, THERE WAS A SOUND SYSTEM INCLUDED IN THE, IN THE SOUND STUDY THAT CRITERION PRODUCED, BUT YOU CAN ALWAYS, SO, AND LIKE I SAID, THEY CAN ALWAYS TWEAK IT. AND YEAH, THEY CAN ALWAYS TWEAK IT. AND THE FIRST, AND THE FIRST COUPLE OF REPORTS THAT I LOOKED AT, THE LEVELS WERE TOO HIGH. THEY WERE, YOU KNOW, YEAH. YOU KNOW, MID TO HIGH 60S, AND I SAID, WELL, THIS IS OBVIOUSLY GOING TO BE AUDIBLE. AND THEN FINALLY, THEY JUST, YOU KNOW, TWEAKED IT AND TURNED IT DOWN. WHETHER OR NOT THOSE LEVELS ARE REASONABLE FOR THE VENUES AT WALDORF ASTORIA, THAT'S REALLY THE BIG QUESTION. I HAVE ONE MORE QUESTION BECAUSE FUNDAMENTALLY, AND I MIGHT BE WRONG, AND I'D LIKE TO ASK THE EXPERT, BUT I DON'T BELIEVE IN AMBIENT LIVE MUSIC. I DON'T UNDERSTAND HOW A SAXOPHONE, A JAZZ BAND WITH A BASS PLAYER AND A DRUMMER CAN CONTROL ITS VOLUME. IS, DO YOU KNOW OF ANY WAY THAT A LIVE BAND CAN HIT AMBIENT LEVEL, AND BE CONTROLLED? NOT REALLY, AND THAT'S, AND THAT'S SOMETHING ELSE I, POINTED OUT IN MY ORIGINAL, SO, UND STUDY WAS THAT THE STUDY WAS LACKING ANY MENTION OF THOSE TYPES OF ACOUSTIC INSTRUMENTS THAT ARE NOT RUN THROUGH THE SOUND SYSTEM, SUCH AS BRASS INSTRUMENTS AND PERCUSSION. YEAH. TRUMPETS. YOU KNOW. YEAH, YEAH, YEAH, THAT STUFF THAT'S JUST GOING TO BE, YOU KNOW, GUITAR. BLOWING OUT, BLOWING OUT INTO THE AIR. GOT IT. WERE THOSE NOT TWO DIFFERENT THINGS? WE HAD AMBIENT, AND THEN WE HAD ENTERTAINMENT THAT COULD INCLUDE LIVE INSTRUMENTS, OR WERE THOSE OVERLAPPING AT ANY POINT? SO, THE APPLICANT IS PROPOSING AMBIENT OUTDOOR ENTERTAINMENT, BUT NOT, BUT THAT EXCLUDES ANY, HOTEL EVENTS OR SPECIAL EVENTS. SO, A HOTEL OF THIS SIZE IS LIKELY TO HAVE A COMMON OCCURRENCE OF DIFFERENT TYPES OF EVENTS. BUT WE DON'T HAVE A THAT WOULD EXCEED AN AMBIENT. BUT DO WE HAVE A DEFINITION OF, I MEAN, I KNOW WE CAN HAVE OUTDOOR, AND WE'VE APPROVED IT, OUTDOOR SPEAKERS AND CONTROL SYSTEMS, BUT IS THERE SUCH A THING IN THE CITY DEFINED AS OUTDOOR LIVE MUSIC AS AMBIENT? I DON'T UNDERSTAND WHAT THAT IS. IT'S TO ME, IT'S A MIS THE, THE DEFINITION OF THE WORD AMBIENT. THE LIVE OUTDOOR MUSIC WON'T BE AMPLIFIED. YOU NEVER HEARD A LOUD BAND BEFORE? NO, I WELL, USUALLY THEY'RE AMPLIFIED. WELL, DEBBIE, I GUESS, SO, DO YOU WANT TO, SHOULD WE GO THROUGH PUBLIC COMMENT? WELL, YEAH, I MEAN, ARE YOU DONE? ARE YOU FINISHED ASKING YES, QUESTIONS? I'M DONE. ALL RIGHT. SO, NEESON, LET'S GET PUBLIC COMMENT, AND THEN, WE'LL GO FROM THERE. NO, WE'RE GOING TO DO PUBLIC COMMENT. I'LL LET YOU SPEAK AGAIN. I'LL BE ABLE TO ANSWER, ASK THE QUESTIONS AND CROSS-EXAMINE THE HE WITNESS. [01:35:01] MR. CHAIR, HE DOES, HE DOES HAVE A RIGHT IN THE CODE TO CROSS-EXAMINE WITNESSES. YOU CAN DECIDE WHEN YOU WANT TO ALLOW THAT. RIGHT, BUT I WANT TO DO PUBLIC COMMENT FIRST. AND AGAIN, BEFORE THE PUBLIC STARTS, IF, IF, IF SOMEONE SPEAKS AND YOU ECHO THEIR COMMENTS, PLEASE JUST SAY THAT WITHOUT HAVING TO GO THROUGH THE SAME ARGUMENT AGAIN. THANKS. IN PERSON FIRST. OKAY, MR. CHAIR, WE HAVE SOME CALLERS ON ZOOM. ACTUALLY, YOU'RE RIGHT. IS THERE ANYBODY IN CHAMBERS TO SPEAK ON THIS? ALL RIGHT, LET'S DO AND LET'S DO PEOPLE HERE FIRST. CUSTOMERS IN THE SHOP ALWAYS GET TREATED FIRST. I'M GOING TO BE VERY BRIEF, AND NOT BE REDUNDANT. I'M DAVID WHITAKER. I'M THE PRESIDENT AND CEO OF THE GREATER MIAMI CONVENTION AND VISITOR BUREAU, YOUR PARTNER AND CITY'S PARTNER IN PROMOTING THE DESTINATION, BRINGING VISITORS TO THE DESTINATION, AND HELPING SEE THIS DESTINATION CONTINUE TO EVOLVE. SO, THE ANGLE I'M GOING TO TAKE IS OBVIOUSLY NOT AS A TECHNICIAN. I APPLAUD THE THOROUGHNESS OF YOUR WORK. THANK YOU. I APPLAUD THE PROTECTION OF YOUR INTENT TO MAKE SURE THIS THAT YOU MENTIONED, MR. CHAIR, QUALITY OF LIFE. THAT'S WHAT THIS IS ALL ABOUT. I WANT YOU TO THINK ABOUT THE DESTINATION OVER THE LAST 10, 15 YEARS AND WHERE WE'RE EVOLVING. IT'S ALL ABOUT VISITOR BEHAVIOR, RIGHT? SPRING BREAK, WINTER. YOU KNOW, I'M NOT CRITICIZING SOME OF THESE FUN EVENTS THAT ARE AWFUL LOUD, BUT WE'RE CHANGING THIS DESTINATION QUIETLY, THE CITY, ITS LEADERSHIP, YOUR LEADERS, MY LEADERS ARE CHANGING THIS DESTINATION. THIS IS ONE PERFECT EXAMPLE OF THAT EVOLUTION. VISITOR BEHAVIOR. TO HAVE THE BRAND WALDORF ASTORIA AND THIS FAMILY THAT HAS THESE INVESTMENTS IN PROPERTIES ALL OVER THE WORLD, THE TYPE OF VISITOR THEY'RE GOING TO BE ATTRACTING IS EXACTLY THE VISITOR WE WANT IN OUR DESTINATION. YOU HEAR THESE WORDS, BANDS AND DJ. WE'RE GETTING, WE'RE, WE'RE GETTING AWAY FROM ALL OF THAT. WE'RE TIRED OF THIS BEING A PARTY TOWN. WE WANT THIS TO BE THE ONE OF THE MOST SOPHIST AND ART BASEL WAS A GREAT EXAMPLE OF IT. THE MICHELIN GUIDE THAT WE'VE NOW INTRODUCED IS A GREAT EXAMPLE OF THAT. WE HAVE SOME OF THE HIGHEST RATED RESTAURANTS IN THE COUNTRY. VISITORS WANT, THESE KINDS OF VISITORS WANT A QUALITY EXPERIENCE. THE BASS MUSEUM IS A PERFECT EXAMPLE. THIS IS GOING TO BE AN INFUSION OF, OF PATRONS TO THE BASS MUSEUM BECAUSE THAT'S WHAT A HIGH SPENDING VISITOR WANTS. JUST A COUPLE OF DATA'S AND THEN I'LL, I'LL END. WE QUIETLY, IN FACT, THE MAYOR OF MIAMI BEACH IS OUR GREATEST CHEERLEADER IF YOU READ HIS NEWSLETTERS. WE NOW HAVE THE HIGHEST AVERAGE DAILY RATE IN THE COUNTRY, 9 MONTHS OUT OF THE YEAR. AND RIGHT NOW, THROUGH AUGUST, THE FIRST 9 MONTHS OF THE YEAR, WE'RE STILL LEADING THE NATION. MIAMI BEACH. MIAMI, BY THE WAY, MIAMI DADE COUNTY IS IN 5TH PLACE. THE ENTIRE DESTINATION IS BECOMING A PREMIUM DESTINATION, AND THAT PREMIUM VISITOR IS A WALDORF ASTORIA YEAH. VISITOR. TO YOUR POINT, IT IS ABOUT VISITOR BEHAVIOR, BUT IT'S ALSO ABOUT OPERATOR BEHAVIOR, BUT I AM COMFORTABLE THAT WALDORF WILL BE A GOOD NEIGHBOR, BUT IT DOES GO BOTH WAYS. THEY KNOW WHAT THEIR VISITORS WANT. I UNDERSTAND. YES, SIR. WELL, THANK YOU FOR THE TIME. THANK YOU. NEXT IN CHAMBERS. GOOD MORNING, CHAIR. GOOD MORNING, MEMBERS. MY NAME IS CURTIS KREIDER. I'M THE PRESIDENT AND CEO FOR THE GREATER MIAMI AND THE BEACHES HOTEL ASSOCIATION. THANK YOU FOR YOUR TIME TODAY. OBVIOUSLY, THE ONE THING WE DO AS AN ASSOCIATION IS ADVOCATE FOR OUR HOTELS, AND WE OBVIOUSLY HAVE A PLETHORA OF HOTELS, PARTICULARLY ON MIAMI BEACH, THAT WE SUPPORT. AND OBVIOUSLY WE ARE IN TRUE SUPPORT OF THIS PROJECT. AND AGAIN, I DON'T WANT TO BE REDUNDANT OF MR. WHITAKER'S COMMENTS, BUT REALLY, YOU'RE REALLY LOOKING AT A REFINED GUEST, YOU KNOW, A GUEST THAT DOESN'T WANT THAT PARTY SCENE. THEY WANT TO RELAX WITH THEIR FAMILY AND ENJOY. SO, YES, I KNOW, YOU KNOW, THERE'S BEEN SOUND STUDIES BACK AND FORTH, BUT REALLY THAT GUEST WANTS TO EXPERIENCE THE OUTDOOR. THEY WANT TO EXPERIENCE THE NEIGHBORHOOD. IT'S REALLY GOING TO INCREASE OUR TOURISM. IT'S GOING TO HELP WITH THE CULTURAL INSTITUTION, THE GALLERIES, THE RESTAURANTS, AND REALLY THAT SHOPPER THAT GOES OUT, AND IT'S A BOUTIQUE SHOPPER. SO, I THINK OVERALL, THE WALDORF ASTORIA WOULD BE A GREAT ADDITION, WITH ALL THE ADDITIONS THEY'RE DOING. THANK YOU. THANK YOU. AND JUST INTRODUCE YOURSELF AND YOUR ADDRESS. YEAH, MY NAME IS MARTO KOLAK. I'M A RESIDENT OWNER AT THE RONEY PALACE CONDOMINIUM I'VE OWNED THERE SINCE 1999. SO, I'VE SEEN A LOT FROM THE OLD HOLIDAY INN TO THE W, AND NOW TO THE WALDORF ASTORIA. IT WAS INTERESTING, THE LAST COMMENTS ABOUT REFINED GUESTS. WELL, IF IT'S ONLY REFINED GUESTS, WHAT DO WE NEED TO INCREASE THE OCCUPANCY BY THOUSANDS OF PEOPLE A DAY ON THE PROPERTY? WHERE ARE THESE, IS THERE THAT MANY BILLIONAIRES AROUND THAT WANT TO DROP THEIR MONEY HERE? YOU KNOW, THIS IS A BIT OF A CONTRADICTION IN ITSELF. SO, THERE'S A LOT OF INFORMATION PRESENTED. I'LL JUST, I'M NOT GOING TO REVIEW IT ALL, BUT, YOU KNOW, CAN THE WALDORF ASTORIA DRASTICALLY INCREASE THEIR OCCUPANCY FOR EACH VENUE AND ADD AN ADDITIONAL VENUE, THE BEACH RESTAURANT, ON THE PROPERTY BY THE THOUSANDS EACH DAY TO MAKE TENS OF MILLIONS OF DOLLARS IN ALCOHOL REVENUE AND HAVE THE RONI SUFFER THE ADVERSE CONSEQUENCES? WALDORF ASTORIA [01:40:01] GETS MILLIONS, AND THE RONI LOSES THEIR RIGHT OF QUIET ENJOYMENT OF OUR HOMES, BECAUSE THAT'S GOING TO HAPPEN. THE LOW BASS, TREMORING, OUR WALLS TREMOR, OUR WINDOWS ARE IMPACT, THEY TREMOR, YOU KNOW, EVEN IF THERE'S NO NOISE. YOU'LL LEAVE YOUR BALCONY OPEN, YOU'RE GOING TO HAVE NOISE, YOU'RE GOING TO HAVE TREMORING, AND YOU'LL HAVE, AT THESE LEVELS THAT THEY'RE TALKING ABOUT NOW, ANOTHER GENTLEMAN WILL COME OUT, THE DBA, THAT'S TOO LOW, WE'RE GOING TO BE INVADED WITH NOISE. SO, THERE'S, IN ADDITION, THERE'S NO STUDY OR ANALYSIS DONE OF EXTRA DELIVERIES AND GARBAGE AND MAINTENANCE NEEDED TO SUPPORT THESE THOUSANDS OF PEOPLE THAT ARE COMING ON THE PROPERTY AGAIN. THAT 23RD LANE IS A JOKE. IT'S A DEAD END. THERE'S A TUNNEL UNDERNEATH. IT'S GOT A HEIGHT OF 6 FOOT 8. I PASSED BY THERE TODAY, SO, THE TRUCKS CAN'T GO THERE. THEY HAVE TO REVERSE AND GO OUT. YOU GET THE REVERSE BEEPS OF THE TRUCK, 5 O'CLOCK IN THE MORNING, AND THEN THERE'S NO ONE THERE. THEY HONK THEIR HORN, RIGHT? AND I'M RIGHT OVER THE W. I FACE THE NORTH SIDE OF THE W, THE WALDORF ASTORIA. SO, THAT'S JUST FROM A PERSONAL PERSPECTIVE. THE LAWYERS CAN FIGHT IT OUT IN THE ENGINEERING STUDIES. I'M TELLING YOU; WE'RE DISTURBED. SO, THIS, OKAY, THE SOUND STUDY, THAT CHANGED AGAIN. THERE WAS A LAST MINUTE, INTRODUCTION OF THE EXPERTS, THE PEER REPORT, WHICH YOU DIDN'T HAD, AND THAT WAS A LAST-MINUTE THING, AS MR. KAZDIN LIKES TO REFER TO US ALWAYS LAST MINUTE. WELL, THERE'S ONE FOR YOU TOO. THINGS HAPPEN. SO, WALDORF ASTORIA HAS BEEN YOU GOT TO WRAP IT UP. I'M GOING TO GIVE EVERYONE 2 MINUTES. OKAY. I'M GOING TO SAY CUSTOMARY USE IS MENTIONED BY THE HOTEL, RIGHT, TO INCREASE THE OCCUPANCY REVIEW. WHAT ABOUT CUSTOMARY, USE FOR US AS RESIDENTS? CAN'T WE ENJOY OUR HOME? HOW MANY DAYS ARE YOU GOING TO MAKE ME GO SLEEP DOWN THE STREET AT A HOTEL BECAUSE I CAN'T SLEEP BECAUSE OF THE NOISE COMING AND THE TREMORS COMING FROM THE BASE, FROM THE W, OR NOW THE MORE REFINED WALDORF ASTORIA. OKAY. AND LAST COMMENT, I ALWAYS THOUGHT THAT THIS WAS A 5050 JOINT VENTURE BETWEEN THE RUBIN BROTHERS AND THE FONTAINEBLEAU FAMILY OWNERS. IS THAT WRONG? JUST BECAUSE MR. KAZIN INTRODUCED THEM AS ROBINS. THAT'S WRONG? OKAY, THANK YOU. THAT'S CLEAR UP. THANK YOU. THANK YOU, SIR. SIR, I HAVE A QUESTION FOR YOU. SIR? SIR, QUICK QUESTION. SO, WHEN YOU'RE TALKING ABOUT, THE W HOTEL, WERE YOU GUYS EXPERIENCING, DID YOU EXPERIENCE SOME OF THE TREMOR THAT YOU'RE TALKING ABOUT? WHEN, WHEN WALL WAS OPEN, ACTUALLY, THIS IS VERY RELEVANT HERE, THEY HAD THE DOORS OPEN TO THE EAST. WHEN THEY OPENED THE DOORS, THE MUSIC WOULD COME RICOCHET OFF THE LITTLE BUNGALOWS THERE, THE FIVE, HOMES, AND, AND UP INTO OUR APARTMENTS, RIGHT? AND NOW WHAT'S HAPPENED IS, THEY SAY, AS ACCORDING TO RESIDENTS, I DON'T KNOW WHICH RESIDENT APPROVED THIS, THEY'VE CHANGED THE EAST DOOR. NOW YOU HAVE A NORTH DOOR, RONI, IT'S GOING TO COME RIGHT INTO MY LIVING ROOM. I MAY AS WELL START A DANCE CLUB. SO, YOU HAD AN ISSUE WITH THE WALL AT THE TOP. THAT'S WORSE. YES, YOU HAD, YOU HAD YOUR VIBRATIONS. WE'RE IN A KIND OF A WIND TUNNEL, SO, UND TUNNEL THERE. THANK YOU. GOOD MORNING, BOARD MEMBERS. MY NAME IS GIUSEPPE NEVIANI, AND I HAVE BEEN LIVING IN THE RONY PALACE FOR 25 YEARS. IN ADDITION TO THAT, I AM A PROFESSIONAL ENGINEER, NOT IN TRAFFIC OR SOUNDS ENGINEER, BUT AN MEP AND STRUCTURAL ENGINEER. I APPROVE THE SOUND STUDIES THAT WERE DONE BY OUR ENGINEERS, BY A CONSULTANT ENGINEER, BUT THE STUDIES WERE SUBMITTED, BY THE OWNER, THE WALDORF ASTORIA DO SHOW THEY WILL BE AFFECTED BY THE AMOUNT OF NOISE THAT WE WILL BE RECEIVING. I DO HAVE SOME RECORDINGS OF WHAT WAS HAPPENING BEFORE. IF THE BOARD WANTS TO LISTEN TO IT, I'LL BE GLADLY SHOW IT RIGHT NOW. IN ADDITION TO THAT, I AM A LITTLE BIT CONCERNED BY THE FACT THAT, I DON'T KNOW HOW THEY'RE GOING TO CONTROL THE NOISE DURING THEIR ACTIVITIES. THEY'RE TALKING ABOUT A SOMETHING BEING MAINTAINED BELOW THE AMBIENT NOISE, AND OBVIOUSLY THAT IS GOING TO BE SOMETHING DIFFICULT TO CONTROL. FROM THAT POINT OF VIEW, I SUGGEST THAT SOMEBODY HAS TO INSTALL PERMANENT RECORDING DEVICES TO MAKE SURE THAT THE NOISE DOES NOT GO ABOVE AMBIENT NOISE, AND SOME OF THOSE RECORDINGS HAVE TO BE ALSO DONE IN NW. IN ADDITION TO THAT, THE STUDIES THAT WERE DONE BY THE WALDORF ASTORIA OF THE SOUND NOISES DO NOT ACTUALLY SHOW WHAT IS ACTUALLY NEEDED TO MAKE SURE THAT THE PROJECT COMPLIES. I INVITE THE, THE PEER REVIEWERS AND THE SOUND ENGINEERS THAT MADE THE STUDY TO COME TO MY UNIT IN THE 12TH FLOOR OF THE RONI AND ACTUALLY MADE THE RECORDINGS THERE TO MAKE SURE THAT THE SO-CALLED, STUDIES THAT WERE DONE, THEY'RE ACTUALLY ONLY SIMULATIONS, NUMERICAL SIMULATIONS, ARE TWITCH TO THE RIGHT AMOUNT OF NOISE THAT IS BEING CONSIDERED. I, I DO THINK THAT IT'S IMPORTANT TO COMPLETE THE STUDIES WITH THE RANI MEASUREMENTS, AND, OBVIOUSLY THAT IS SOME OTHER COMMENTS ARE ON MY, STATEMENTS THAT I WROTE [01:45:01] TO THE BOARD. OKAY, THANK YOU, SIR. THANK YOU. OKAY, NEXT IN CHAMBER, SIR. HELLO, EVERYONE. MY NAME IS DENNIS WEDLICH. I'M AN ARCHITECT, A FELLOW OF AMERICAN INSTITUTE OF ARCHITECTURE, AND I HAVE LIVED AND WORKED AT THE RONI, SINCE BEFORE THE CONSTRUCTION OF THE W HOTEL. I'M DELIGHTED TO SHARE MY THOUGHTS, AND THANK YOU FOR LETTING ME DO SO. EARLIER THIS YEAR, I CAME IN FRONT OF THE HISTORIC PRESERVATION BOARD, AND, I STATED THE APPLICANT'S PRESENTATION WAS DECIDEDLY INCOMPLETE, PREVENTING YOU AND THE PUBLIC, FROM PROPERLY ASSESSING THE PROJECT'S IMPACT ON THE SURROUNDINGS. MONTHS LATER, IT STILL REMAINS A MYSTERY TO ME WHAT THE DESIGN INTENT IS. AND, AND I COMPLETELY UNDERSTAND WHY IT'S CHALLENGING BECAUSE, FOR YOU GUYS TO FIGURE THIS OUT, BECAUSE, THE APPLICANT'S WRITTEN OPERATIONAL PLAN, AND SOME OF THESE WORDS THEY'RE SAYING ARE REALLY DESCRIBING A LEVEL OF, LAND USE INTENSITY THAT, YOU KNOW, APPROACHES WHAT IS APPROPRIATE FOR A MIXED-USE RESIDENTIAL LOCATION. HOWEVER, THE SUBMITTED DESIGN DRAWINGS, JUST CONTRADICT THAT NARRATIVE, AND THAT'S UNDERSTANDABLE BECAUSE, THE EVENTS THAT THEY ARE GOING TO HOLD ARE GOING TO INCREASE THE THEIR OWN ETERNITY SAID, SAID THIS. IT'S GOING TO INCREASE THE INTENSITY OF THE USE OF THAT LOCATION COMPARED TO WHAT IS BEING CURRENTLY USED. AND I TELL YOU, THE INTENSITY OF THAT LOCATION CURRENTLY, EVERY TIME THERE'S A HOTEL EVENT, IS INCREDIBLE, AND IT ISN'T THEIR HOTEL OPERATOR'S FAULT. IT'S BECAUSE THEY BRING IN DJS, THEY BRING IN, YOU KNOW, IF THEY'RE ALLOWED TO BRING IN LIVE MUSIC, IF THEY'RE ALLOWED TO BRING IN PEOPLE WHO RENT THE SPACE, RIGHT? THERE'S NO CONTROLLING IT. THERE'S NO CONTROLLING IT FROM THE CITY'S POINT OF VIEW. THERE'S NO CONTROLLING IT FROM THE HOTEL OPERATOR'S POINT OF VIEW, AND I KNOW BECAUSE ON MY OWN BUILDING, WE'VE HAD MULTIPLE DISCUSSIONS WITH THE ONE HOTEL OPERATORS, AND THEY ARE JUST UP AGAINST THE WALL WHEN THINGS GET OUT OF CONTROL. SO, YOU HAVE TO CHANGE THE DESIGN INTENT. YOU HAVE TO WAIT, WAIT, WAIT, THE ONE HOTEL HAS THE ROOFTOP BAR POOL. IS THAT WHAT YOU'RE TALKING ABOUT? THE ONE HOTEL HAS A BEACHFRONT, AND RIGHT THEY ALSO HAVE THAT ROOFTOP BAR, RIGHT? THEY DO, BUT I'M JUST TALKING SPECIFICALLY ABOUT THE BEACH PORT FRONT BECAUSE THAT'S THE MORE COMPARABLE ONE. AND THEIR BEACHFRONT CURRENTLY ONLY IS ALLOWED TO ACTIVATE TILL 8:00 PM, AND THERE IS NOT ALLOWED TO HAVE LIVE MUSIC. AND THEY CONTINUALLY CHECK WITH THEIR UNIT OWNERS TO SEE IF THEIR VOLUME IS, IS PENETRATING THEIR APARTMENTS, AND THEY KNOW IT DOES. AND WHAT HAPPENS IS THEY BRING IN OUTSIDE DJS, THEY BRING OUT OUTSIDE. THEY MEANING THE ONE? OKAY. AND AT SOME POINT, THERE'S NO STOPPING IT, THERE'S NO CONTROLLING IT. THE ONLY WAY TO CONTROL IT IS TO CHANGE THE USE AS SHOWN TO YOU ALL. I MEAN, MAY I MAKE ONE MORE POINT? BECAUSE THEY'RE TALKING ABOUT THE VALET DROP-OFF, WHICH IS NOT A CAR ENTRANCE INTO A PARKING GARAGE, IT'S WHERE PEOPLE WILL ENTER, AND YOU COULD NOT HAVE EXPERIENCED THAT. IT DIDN'T EXIST BEFORE. IT DIDN'T EXIST WHERE YOU COULD ENTER FROM THAT SIDE OF THE STREET. IF YOU'RE A PEDESTRIAN, THAT'S THE WAY YOU'RE GOING TO ENTER. YOU'RE SEEING A BRAND-NEW ENTRANCE TO THIS HOTEL. HOW IS THAT NOT GETTING HISTORIC PRESERVATION REVIEW? IT'S, IT'S NOT A PARKING LOT. OKAY. IT'S AN ENTRANCE. ALL RIGHT, SO, THANK YOU. THANK YOU. ANYONE ELSE IN CHAMBERS? HI, MY NAME'S CURTIS DEVITO, AND I'M AN UNIT OWNER AT THE RONI. I'VE BEEN THERE FOR ABOUT 24 YEARS. I AGREE WITH ALL THE OBJECTIONS THAT HAVE BEEN MADE WITH RESPECT TO THE, THE PRIVATE CLUB VALET, DROP OFF, AND AS WELL AS THE, THE SOUND SYSTEMS THAT ARE BEING PROPOSED FOR THE OUTDOOR VENUES. I WANTED TO POINT OUT THREE THINGS REAL QUICK. FIRST, WE'RE TALKING ABOUT AMBIENT LEVEL, AND IT WAS INTERESTING TO HEAR ABOUT HOW THE MEASUREMENTS OF THE SOUND THAT WILL BE INTRODUCED WITH THE OUTDOOR SPEAKERS, WILL IT BE ABOVE THE EXISTING AMBIENT LEVEL THAT'S HITTING THE RONI? WELL, IT'S, IT'S KIND OF IRONIC BECAUSE MUCH OF THAT AMBIENT NOISE TODAY IS THE HVAC SYSTEM FROM THE HOTEL. I USED TO HAVE A UNIT THAT FACED DIRECTLY ON, WHAT USED TO BE THE HOLIDAY INN, I THINK, AND I SAW THAT COME DOWN. I SAW THE W HOTEL GO UP, AND I REMEMBER THE FIRST DAY THEY TURNED ON THE HVAC SYSTEM. IT WAS CRAZY. I CALLED CODE COMPLIANCE, AND THEY WENT OVER THERE, AND THEY'RE LIKE, WELL, IT'S AN HVAC, HVA SYSTEM, WHAT CAN YOU DO? WELL, LUCKILY, I WAS ABLE TO MOVE TO ANOTHER UNIT FURTHER AWAY [01:50:01] FROM THAT, AND SO, THAT PROBLEM WENT AWAY. BUT NOW THEY'RE TALKING ABOUT COMPARING TO THE EXISTING H, THE EXISTING AMBIENT NOISE LEVEL. WELL, IT'S ELEVATED ALREADY BECAUSE OF WHAT THE HOTEL IS DOING AND CONTINUES TO DO. SECOND, THERE WAS A POINT MADE ABOUT, THE ACOUSTIC TESTING THAT WILL BE DONE, THE, THE ONETIME POST INSTALLATION TESTING, AND SOMEBODY, ON THE HOTEL SIDE MENTIONED THAT, THAT YOU FOLKS WOULD HAVE CONTINUING JURISDICTION OVER THIS. WELL, I SUBMIT THAT IT SHOULD, WE SHOULD LIKE UP THIS, AND I, BELIEVE IT SHOULD BE AN ANNUAL ACOUSTIC TESTING THAT IS REQUIRED, BY THE HOTEL. WHATEVER WAY, SHAPE, OR FORM THAT FINAL SYSTEM IS, IT NEEDS TO BE TESTED ANNUALLY. WE'VE SEEN IT AT THE ONE HOTEL. THEY CHANGE THEIR SYSTEMS, THEY TWEAK IT OVER THE YEARS, AND SOUND LEVELS GO UP. THE LAST THING IS, I'VE SEEN THIS WITH OTHER CUPS FOR NEIGHBORHOOD IMPACTED ESTABLISHMENTS, THAT THERE'S AN ANNUAL CERTIFICATION THAT THEY ARE COMPLYING WITH THE CUP, AND I SUBMIT THE OPERATIONS PLAN, AND I THINK THAT THAT SHOULD BE SOMETHING THAT SHOULD BE ADDED TO THIS AS WELL. I DON'T KNOW IF IT'S TECHNICALLY REQUIRED UNDER THE CODE, BUT CERTAINLY THE SCOPE AND INTENSITY OF THE PROPOSED OPERATION, I THINK IT'S CALLED FOR. JUST, JUST SO, YOU KNOW ABOUT CONTINUING JURISDICTION, MEANING IF THERE WERE A BUNCH OF COMPLAINTS, PROBLEMS, CODE VIOLATIONS, THEN WE HAVE THE RIGHT TO AMEND, REVOKE. IT'S JUST SO, YOU UNDERSTAND, THAT'S WHAT WE WON'T HAVE TO WAIT THE YEAR. RIGHT. YOU KNOW, IT COULD BE 3 MONTHS IF THERE'S AN ISSUE, THEY GET CALLED BACK. RIGHT, BUT Y BUT YOU HAVE TO HAVE PEOPLE ACTUALLY CALLING AND NO, NO, UNDERSTOOD. AND IT'S NOT EASY. WELL, YEAH, I'M ASSUMING YOU'D HAVE TO COMPLAIN, SO. I DON'T LIKE TO CALL CODE COMPLIANCE. I DON'T LIKE TO RAT ON A NEIGHBOR. RIGHT. I LIKE TO GO OVER THERE AND TRY TO TALK WITH THEM, BUT, YOU KNOW, THAT DOESN'T WORK, AND MEANWHILE YOU'RE TRYING TO FIGURE OUT AS A NEIGHBOR WHAT TO DO. IT'S, IT'S VERY STRESSFUL. UNDERSTAND. SO. THANK YOU VERY MUCH. I JUST WANT TO SAY ONE THING, CURTIS, YOUR EMAIL WAS, I MEAN, REALLY GREAT. YOU VOICED OBJECTIONS, BUT YOU ALSO PUT SOME, YOU KNOW, SUGGESTIONS AND POSSIBLE SOLUTIONS, SO, IT WAS REALLY CONSTRUCTIVE. THANK YOU. THANK YOU. ANYBODY ELSE IN CHAMBERS? OKAY, ZOOM. OKAY, ON ZOOM, OUR FIRST CALLER IS MERYL ROSE. MERYL, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU. WELL, I, I'M, I AGREE WITH A LOT OF WHAT WAS, WHAT HAS ALREADY BEEN SAID, BUT I JUST WANTED TO MAKE A FEW MORE POINTS. ME, MY HUSBAND AND I LIVE AT, AT RONEY, ON A HIGH FLOOR, AND WE BOUGHT OUR UNIT IN 2022. WE DID IT. WE, WE'VE PUT A LOT INTO IT, AND WE FACED THE W. AND I WILL TELL YOU THAT IN THE MORNING, WE ARE OFTEN AWAKENED BY THE BEEPS OF, FROM THEIR DELIVERIES. AND I'VE NEVER CALLED OR MADE A COMPLAINT ABOUT THIS, BUT IT'S FREQUENT, AND WE HEAR IT INSIDE THE UNIT. AND THEN ADDITIONALLY, AT NIGHT, WE'RE OFTEN AWAKENED OR KEPT AWAKE BY THE LOUD NOISE. WE CAN'T USE OUR TERRACES BECAUSE YOU JUST CAN'T BE OUT THERE BECAUSE OF THE NOISE. WHEN I CALL CODE, THEY COME INTO MY APARTMENT, THEY SAY, WOW, THAT'S REALLY LOUD, THEY LEAVE, AND THEN THEY DO NOTHING. AND SO, THIS IS, THIS IS W WHAT WE'RE DEALING WITH, THIS IS WHAT WE HAVE BEEN DEALING WITH. THE OTHER THING IS THAT BECAUSE OF THE CONFIGURATION OF THESE BUILDINGS, IT'S LIKE A TUBE, AND SO, THE NOISE JUST TRAVELS UP. I CAN HEAR PEOPLE TALKING IN THE POOL DOWN BELOW, AND SO, WHEN THERE IS LOUD MUSIC, IT'S AMPLIFIED BY THE TIME IT GETS UP TO THE HIGHER FLOORS. SO, I THINK IT'S EXTREMELY IMPORTANT TO NOT ONLY MEASURE THE SOUND AT THE, AT THE GROUND LEVEL, BUT ALSO AT THE VERY TOP. AND THE LASTLY, I MEAN, I WAS HAPPY TO HEAR THE PROPOSAL TO, TO MONITOR THE SOUNDS AT ALL LEVELS OF THE BUILDING. I THINK THAT'S VERY, VERY IMPORTANT BEFORE ANYTHING IS AGREED TO. AND THE OTHER THING I WOULD LIKE TO SAY IS, I WOULD LIKE TO CLEAR UP A LITTLE BIT OF CONFUSION. THE PEOPLE WHO HAVE MET WITH, WITH THE WALDORF PEOPLE FROM OUR, FROM OUR BUILDING, THE PRESIDENT DOESN'T LIVE IN THE BUILDING. HE'S NOT A, HE DOESN'T LIVE THERE, AND HE HASN'T MET WITH US TO DISCUSS THESE ISSUES. SO, YOU KNOW, HE, WE ARE, WE ARE REPRESENTING OURSELVES HERE FOR THE MOST PART. THANK YOU. NEXT. OUR NEXT SPEAKER IS EILEEN ZEMEL. EILEEN, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? [01:55:02] YES, I DO. THANK YOU. YOU HAVE 2 MINUTES. SO, I HAPPEN TO SECOND MERYL'S FEELING ABOUT THE BOARD. UNFORTUNATELY, WE, I THINK WE ALL FEEL THEY'RE NOT A TRUE REPRESENTATION OF US, AND WE WEREN'T REALLY ASKED TO BE INVOLVED IN ANYTHING. I THINK THERE WERE SOME CLOSED-DOOR MEETINGS WHERE THEY BROUGHT UP THE ISSUES, BUT WE WERE NEVER PRIVY TO THEM. ON TOP OF THAT, I WOULD SAY, OBVIOUSLY, THE NOISE THING, THE SHEER QUANTITY OF PEOPLE THAT WILL BE WELCOMED INTO THE FACILITIES IS A LOT. I THINK THE TRAFFIC IS SOMETHING THAT REALLY NEEDS TO BE LOOKED AT. SEPTEMBER, I WAS THERE IN SEPTEMBER. IT IS THE QUIETEST MONTH OF THE YEAR. YOU CAN WALK FREELY. BESIDES THAT, NOBODY LOOKS AT THE WALK AND DON'T WALK SIGNS. IT GETS BACKED UP ON A SLOW DAY. SO, TO THINK ABOUT ALL OF THIS TRAFFIC, YOU HAVE 20 CARS AT A TIME TURNING IN TO GO TO THIS VIP, VIP CLUB, WHICH, TO BE HONEST, NOT GOING TO BE THAT VIP BECAUSE I'M NOT EVEN A MEMBER OF A VIP CLUB, AND I'VE BEEN TO 10 OF THEM. INVITES, ALL OF THAT. SO, IT'S NOT AS BENIGN AS YOU GUYS THINK WHAT A NICE VIP CLUB AT THE WALDORF ASTORIA IS. SO, THERE'S, THAT'S MY OPINION ON THAT. I THINK THE MUSIC IS DEFINITELY SOMETHING TO CONSIDER. WE HEAR IT AT THE POOL EVERY NIGHT. THERE'S COMPLAINTS ON OUR BUILDING WHATSAPP ABOUT WHO'S HEARING WHAT, AND IT'S NOT FAIR, IT'S NOT RIGHT, BUT I, I THINK THE SHEER VOLUME OF PEOPLE AND HOW THIS HAS TURNED INTO, IF I LIVED AT THE WALDORF, I WOULDN'T WANT 1500 PEOPLE IN A CLUB. I WOULDN'T WANT THEM COMING IN AND OUT. I WOULDN'T WANT MY VALET AS POPULATED AS IT'S GOING TO BE. I WOULDN'T WANT TO HAVE TO FIGHT WITH THOSE PEOPLE TO GET MY CAR AS A RESIDENT. I THINK THE SHEER QUANTITY OF PEOPLE THAT YOU GUYS ARE WELCOMING IN IS A LITTLE OVER THE TOP, AND THE TRAFFIC REALLY NEEDS TO BE ADDRESSED BECAUSE IT'S TERRIBLE. OKAY, THANK YOU. AND YEAH, THE CALIBER OF A WALDORF PERSON, I DON'T REALLY THINK THEY WANT A CLUB. I MEAN, IS THE AMON PUTTING IN A CLUB? IS THE BALDORF, LIKE, I DON'T KNOW, BUT I, I, THAT'S, YOU'RE TELLING ME THAT'S THE SAME CALIBER GUEST, THEN I THINK THAT'S OFF. OKAY, THANK YOU. AS FAR AS MEETING WITH THE BOARD AND BACKDOOR MEETINGS, I MEAN, ALL YOU CAN ASK AN APPLICANT TO DO IS MEET WITH THE BOARD BECAUSE THEY TECHNICALLY REPRESENT THE, RESIDENTS, SO, YOU CAN'T, BEGRUDGE THEM FOR THAT. SO, NEXT. NEXT SPEAKER, RENEE ARNOLD. RENEE, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU. YOU HAVE 2 MINUTES. THANK YOU. DISTINGUISHED MEMBERS OF THE PLANNING BOARD, EXCUSE ME, MY NAME IS DR. RENEE ARNOLD. I'VE LIVED AT THE RONEY PALACE, UNIT 810, FOR 4 YEARS. I HOLD A DOCTORATE IN CLINICAL PHARMACOLOGY, WORK FOR THE NATIONAL INSTITUTES OF HEALTH WITH EXPERTISE IN HEALTH OUTCOMES, AND I HAVE BEEN CONDUCTING QUALITY OF LIFE RESEARCH AND ANALYSES FOR 40 YEARS. I CAN TELL YOU THAT THE HEALTH OUTCOMES OF THIS NEIGHBORHOOD WILL BE QUITE NEGATIVELY AFFECTED BY THE PROPOSED EXPANSION OF THE NIGHTCLUB AND VALET PARKING ON THE NORTH SIDE OF THE WALDORF ASTORIA HOTEL. THE INTERSECTION OF 23RD AND COLLINS AVENUE IS ALREADY A MORASS OF JAYWALKING PEDESTRIANS, BOTH ACROSS THE SIDEWALK ON THE EAST SIDE OF THE STREET AND BETWEEN THE WALGREENS AND THE RONEY PALACE. THE MULTIPLE TRAFFIC LIGHTS AT THIS INTERSECTION ARE POORLY TIMED AND SET UP TO FAIL. THIS ONE INTERSECTION, AS YOU'VE HEARD, MUST HANDLE NORTHBOUND AND SOUTHBOUND ON COLLINS, TRAFFIC ON 23RD TURNING NORTH OR SOUTH ONTO COLLINS, TRAFFIC LEAVING THE RONEY HEADING WEST ONTO 23RD STREET OR NORTH AND SOUTH ONTO COLLINS, AND TRAFFIC LEAVING THE NORTH SIDE OF THE WALDORF ASTORIA HEADING WEST ONTO 23RD STREET OR NORTH OR SOUTH ONTO COLLINS. IT ALSO SERVES THE ACTIVE DRIVEWAYS OF BOTH RONEY AND WALDORF. MOREOVER, ILLEGAL U-TURNS, DESPITE THE SIGNS ON COLLINS AND 23RD, AND DRIVERS BACKING UP ON COLLINS WHEN THEY CANNOT COMPLETE AN ILLEGAL U-TURN, ARE A DANGER TO PEDESTRIANS AND TRAFFIC ALIKE. THIS INTERSECTION IS ALREADY A TRAFFIC AND PEDESTRIAN NIGHTMARE, WILL BECOME MUCH WORSE WITH NIGHT CLUB TRAFFIC COMING AND GOING. IT'S ONLY A MATTER OF TIME BEFORE THIS SITUATION CAUSES A FATALITY, AND THE ADDED INTENSITY OF THE PROPOSED WALDORF ASTORIA EXPANSION WILL ONLY MAKE IT WORSE. I URGE THE PLANNING BOARD TO CONSIDER THE ENORMOUS POTENTIAL IMPACT ON THE QUALITY OF LIFE OF THE RESIDENTS OF THIS ENTIRE NEIGHBORHOOD BEFORE THE HPB APPROVES THE PROJECT. THANK YOU VERY MUCH. THANK YOU. NEXT. NEXT SPEAKER IS DAVE KOCH. DAVE, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. I DO. THANK YOU. YOU HAVE 2 MINUTES. MY NAME'S DAVE KOCH FROM CRITERION ACOUSTICS. I OBVIOUSLY PREPARED THE REPORT THAT'S BEEN PEER REVIEWED BY JESSE AND THE OTHER, REVIEWER. I THINK ONE THING'S BEING LOST WITH THE, OUTDOOR ENTERTAINMENT ASPECT HERE IS THAT, AND MAYBE THIS ISN'T CLEAR TO THE GREATER GROUP, BUT WE'RE PROPOSING TO INSTALL A NEUTRAL MONITORING SYSTEM [02:00:03] THAT SELF-CALIBRATES. THAT SYSTEM CAN REPORT REAL-TIME SOUND LEVELS TO THE WALDORF STAFF. IT CAN PROPOSE ALERTS WHEN, PER SE, OUTDOOR, ENTERTAINMENT GOES OVER A PRESCRIBED AMBIENT LEVEL, WHICH, YOU KNOW, AND IT CAN ALSO RECORD THE SOUNDS OVER A CERTAIN LEVEL, MEANING IF A SIREN GOES BY, IT CAN IDENTIFY THAT AND KNOW THAT IT'S A THIRD, A THIRD PARTY CAUSING THAT, NOISE DISTURBANCE. REGARDING, YOU KNOW, THE CONCERN OF, PER SE, A LOUD BAND, A COUPLE THINGS CAN BE DONE, YOU KNOW, REGARDING THIS. ONE CAN BE REQUIRED THAT WHATEVER OUT, ITS ENTERTAINMENT COMES IN, PLUGS INTO THE EXISTING CA CALIBRATED AND LIMITED SOUND SYSTEM. THE SECOND THING IS YOU CAN OBVIOUSLY STRATEGICALLY PLACE THIS ON THE PROPERTY. THE THIRD THING IS, AS IT GOES ON, WE CAN LOOK AT TEMPORARY STRUCTURES OR TENTS LINED WITH VINYL LIP MASKS TO CONTROL THE SOUND FROM, PER SE, INSTRUMENTS COMING OFF, SIMILAR TO LIKE A BAND SHELL. SO, THERE ARE METHODS TO DO THIS, AND I, YOU KNOW, I HAVE A VERY GOOD WORKING RELATIONSHIP WITH JESSE. I COULD POTENTIALLY PROPOSE SOME FURTHER OPTIONS AND MAYBE REVIEW THEM WITH JESSE AND REPORT BACK REGARDING THE OUTDOOR ENTERTAINMENT COMPONENT. OKAY, APPRECIATE THAT, BECAUSE OBVIOUSLY THAT'S THE BIG ISSUE HERE, SO. OUR NEXT CALLER IS DEBBIE QUAID. DEBBIE, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? DEBBIE, IF YOU COULD UNMUTE YOURSELF. THANK YOU. MY NAME IS DEBBIE QUAID. I LIVE AT 2301 COLLINS AVENUE. I AM SPEAKING AS A RESIDENT, NOT AS A MEMBER OF THE COLLINS PARK NEIGHBORHOOD BOARD. I, I THINK YOU KNOW HOW THE BOARD FEELS. I ATTENDED, THE PRESENTATIONS THAT WERE GIVEN ON THIS PROJECT. I ATTENDED WITH THE PREVIOUS ATTORNEY, AND I ATTENDED WITH MR. KASDAN. WE HAD RECORD-BREAKING NEIGHBORS THAT TURNED OUT FOR THESE PRESENTATIONS, AND THE GENERAL CONSENSUS IS, YES, WE DO LIKE THE UPGRADES. WE LIKE WHAT THEY'RE DOING WITH THEIR PROPERTY AS FAR AS COLORS AND DESIGN. THE NEIGHBORS, ALL OF THE NEIGHBORS THAT HAVE ATTENDED THESE, WERE VERY CLEAR THAT WE OBJECT TO ADDING A DRIVEWAY OR A DROP-OFF POINT AT THE INTERSECTION OF 23RD AND COLLINS, NOTING THAT BALLET STUDENTS CROSS THERE, THE HIGH SCHOOL STUDENTS, THERE ARE SO, MANY YOUNG PEOPLE AND CHILDREN. OUR NEIGHBORHOOD IS A WALKING NEIGHBORHOOD. RESIDENTS FROM BUILDINGS UP COLLINS, DOWN COLLINS, AND FROM OTHER AREAS, PARTS OF COLLINS PARK, WE WALK, AND IT'S A WALKING NEIGHBORHOOD. IT'S ALREADY A NIGHTMARE. BESIDES HAVING THE DROP OFF, EVEN IF YOU DROP OFF, THEY GO UNDER THE TUNNEL, THEY COME BACK, THERE WILL BE UBERS DROPPING OFF, JUST LIKE THEY DO AT STK. THERE ARE THE DR. ARNOLD'S EVERY POINT SHE MADE, AND SO, THE RESIDENTS THAT HAVE ATTENDED, I DON'T RECALL OF A SINGLE ONE THAT DID AGREE THAT THAT IS A PLACE WHERE YOU SHOULD BE HAVING DROP OFF. THE OTHER ISSUE IS NOISE FOR THE RONEY RESIDENTS AS PEOPLE ARE WAITING FOR THEIR CARS LATE AT NIGHT. HOWEVER, THE NEIGHBOR'S MAIN CONCERN WAS HAVING ADDITIONAL TRAFFIC, AND IT NEEDS TO, RED LIGHTS AREN'T GOING TO HELP. THERE'S JUST TOO MUCH TRAFFIC THERE AS IT IS, AND IT'S NOT WELL PLANNED WITH THE ROADS. THANK YOU VERY MUCH. THANK YOU. OUR NEXT SPEAKER IS SCREEN NAME LN. CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? YOU, YOU'RE UNMUTED. LN, DO YOU HAVE A COMMENT? OKAY, WE CAN MOVE ON TO THE NEXT. JOHN HENDRICKS. JOHN, DO YOU SWEAR TO TELL THE TRUTH? HELLO. HI, JOHN. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, I DO. THANK YOU. YOU HAVE 2 MINUTES. ALL RIGHT. THANK YOU. I'M JOHN HENDRICKS. I'M A UNIT OWNER FOR ABOUT 3 YEARS. I'M A HUGE ENTHUSIASTIC SUPPORTER OF, YOU KNOW, THE PROGRAM, YOU KNOW, AND IMPROVEMENT IN GENERAL FOR MIAMI AND SOUTH BEACH. IN FACT, YOU KNOW, WE AT THE RONI JUST WENT THROUGH A COMPREHENSIVE GUT RENOVATION, TO MAKE THINGS BETTER. I JUST WENT THROUGH A 3YEAR RENOVATION OF A NEW APARTMENT THAT I BOUGHT THAT FACES THE W, AND I AM LESS CONCERNED ABOUT THE LIVE MUSIC AND THE AMBIENT MUSIC BECAUSE I THINK THERE ARE SOLUTIONS THAT WE'RE TALKING [02:05:01] ABOUT THAT, CAN ATTENUATE AND, YOU KNOW, AND MITIGATE THAT STUFF. WHAT I CANNOT FATHOM IS ANY MORE, JUST SORT OF NOISE FROM THE TRAFFIC, ALL THE THINGS THAT WE'VE TALKED ABOUT, THE BEEPING, THE MORNING TRASH AFTERWARDS, THE CARS COMING OUT OF THE, THE VALET. IT IT'S, YOU KNOW, DURING THE NIGHT, IT, YOU KNOW, IT'S TERRIBLE. AND I AGREE WITH, ONE OF THE RECENT SPEAKERS. I THINK THAT THAT DRIVEWAY THAT THEY'RE PROPOSING IS REAL, IS TROUBLE, AND I DON'T SEE HOW THAT CAN BE, YOU KNOW, MANAGED. I THINK ITS EXISTENCE IS GOING TO BE EXTREMELY PROBLEMATIC. THANK YOU. OKAY, WE CAN GO BACK TO LN. YOU STILL HAVE YOUR HAND RAISED. YOU CAN UNMUTE YOURSELF. OKAY, I SEE UNDERNEATH LYNN NUNEZ. MAYBE THAT'S THE SAME PERSON. LYNN? HELLO? HELLO? HELLO. YES. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, YES, I DO. THANK YOU. PLEASE STATE YOUR FULL NAME. YOU HAVE 2 MINUTES. LYNN NUNEZ. I WAS ACTUALLY LN BEFORE. I WAS HAVING SOME COMPUTER ISSUES, BUT I AM THE PRESIDENT OF THE RONI. I AM ALSO, IN ADDITION TO THAT, A UNIT FACING, THAT NEW PROPOSED ENTRANCE FOR, THE NEW CLUB AND ALL THIS OTHER ACTIVITY. BUT I WANTED TO SPEAK TO A COUPLE OF THINGS IN TERMS OF THE RONI, AND, WE DID, WELL, I WANT TO SPEAK TO WHAT MR. NEESON SAID IN TERMS OF CLARIFYING THAT I DID NOT AGREE TO THE PROPOSALS AS CHANGED, THAT WE DID EXPLAIN, WE DID EXCHANGE PLEASANTRIES, BUT AS PROPOSED, WE STILL DO NOT BELIEVE THAT THIS GOES FAR ENOUGH IN ADDRESSING THE CONCERNS OF THE RESIDENTS FOR THE RONI. FURTHERMORE, WHAT I WANTED TO, KIND OF HIGHLIGHT WAS THAT WE DID HAVE, WE DID HAVE MANY, MEETINGS WITH THE RESIDENTS OF THE COMMUNITY. WE DID CIRCULATE A PETITION, AND THE OVERWHELMINGLY MAJORITY OF THE, THE RESIDENTS DO NOT SUPPORT THIS PETITION, NOT THIS, I'M SORRY, THIS PROPOSAL, THESE CHANGES AS THEY ARE, PRESENTED. AND I THINK ONE THING THAT'S BEING LOST HERE IN TERMS OF THESE STUDIES AND THESE NOISE AND THESE TRAFFIC PATTERNS IS WE SHOULD TAKE INTO ACCOUNT THE PEOPLE WHO LIVE HERE, THE PEOPLE WHO EXPERIENCE THIS, THE PEOPLE WHO COME FOR HOLIDAY AS THEIR SECOND HOME. AND WE UNDERSTAND BETTER THAN ANYONE, BETTER THAN ANY STUDY, WHAT WE'RE GOING TO HAVE, WHAT WE ARE DEALING WITH AND WHAT WE ARE PROBABLY EXPECTED TO DEAL WITH. AND I THINK THAT'S KIND OF BEING, THAT'S ON DISPLAY WITH OVER, YOU KNOW, APPROACHING 200 RESIDENTS WHO DO NOT AGREE WITH THIS PLAN AS PROPOSED. SO, ANOTHER THING I WANT TO CLOSE OFF WITH, I THINK EVERYONE UNDERSTANDS THE VALUE OF THE BRAND AND THE TYPE OF CLIENTELE THAT'S EXPECTED TO ATTRACT, BUT THE RONI DOES NOT WANT TO SHOULDER THE BURDEN OF, YOU KNOW, SOMETHING THAT IN THE EVENT OF THE INCREASED NOISE, THE TRAFFIC, THE DANGERS THAT COME ALONG WITH THIS, WE WANT DEVELOPMENT, BUT WE WANT IT RESPONSIBLY. WE WANT IT WHERE WE'RE A PARTNER IN THIS, AND ANYTHING, YOU KNOW, BEING DEVELOPED IS FAIR AND BALANCED. THANK YOU. THANK YOU. NEXT. NO FURTHER SPEAKERS. ALL RIGHT, CLOSING THE PUBLIC HEARING. MAY I INTRODUCE I'M GOING TO GIVE YOU EACH 5 MINUTES. MAY I INTRODUCE 132 PETITIONS BY THE OWNERS OF THE RONI, INCLUDING 92 THAT FACE THE W AND OWN UNITS FACING THE W. I'D LIKE TO INTRODUCE YOU KNOW, IT'S FUNNY, YOU, OF COURSE YOU CAN DO THAT, BUT WHAT'S IMPORTANT IS NOT JUST SAYING I OPPOSE IT ALL. IT'S LIKE, WHAT, WHAT IS THE CONS WHAT DO THEY WANT CHANGED? WHAT DO THEY WANT? WELL, I CAN READ IT. BECAUSE THE, THE PROJECT'S GOING TO GO THROUGH. THAT'S THE QUESTION. THE QUESTION IS, HOW DO WE CONDITION IT SO, THAT THE RONEY RESIDENTS HAVE QUALITY OF LIFE? THAT, THAT'S THE BOTTOM LINE. I CAN READ EXACTLY WHAT THEY SAY. THESE ARE 92 PEOPLE THAT FACE IT, WHAT THEY'RE CONCERNED WITH. THEY, THEY'RE CONCERNED WITH THE I THINK YOU HAD, YOU, YOU DISTRIBUTED THAT TO THEM BEFORE THEY HAPPENED. NO, THEY, THERE'S NOT EVERYBODY HERE HAS READ IT. IT'S INCORPORATED IN THE PACKAGE. THERE'S A LOT OF DOCUMENTS, BUT I SHOULD READ IT INTO THE RECORD. THE VIP DROP OFF ON 23RD STREET, A NEW DROP OFF LANE ALONG THE HOTEL'S NORTH PROPERTY LINE DIRECTLY ACROSS FROM THE PERONI PALACE, WOULD SERVE A PRIVATE MEMBERS' LOUNGE OPEN FROM 10 A.M. TO 5 A.M., 7 DAYS A WEEK. THAT MEANS LATE NIGHT CARS, CAR DOORS, VOICES, HEADLIGHTS, AND CONGESTION OUTSIDE OUR HOMES. POOL DECK CROWDS 520. 25 TO 1370. THE POOL DECK FACES THE RONI. ITS OCCUPANCY LIMIT [02:10:01] WOULD RISE FROM 525 TO 1370, MORE THAN 2 AND A HALF TIMES TODAY'S LIMIT. THE POOL DECK ENTERTAINMENT EVERY DAY. TODAY, THE POOL IS LIMITED TO AMBIENT MUSIC ON THE HOTEL SOUND SYSTEM. THE PROPOSAL ALLOWS LIVE MUSIC, VOCALS, AND DJS EVERY DAY UNTIL 10 P.M., AND HOTEL AND SPECIAL EVENTS UNTIL 2 A.M. THE NEW 224 SEAT BEACH RESTAURANT, IT WOULD SIT AT THE HOTEL'S NORTHEAST CORNER, THE PART OF THE PROPERTY CLOSEST TO THE RONI PALACE, WITH OUTDOOR LIVE MUSIC AND DJS EVERY NIGHT UNTIL 9 P.M. SUNDAY THROUGH WEDNESDAY, UNTIL MIDNIGHT THURSDAY THROUGH SUNDAY. THIS IS THEIR REQUEST. THEY REQUEST NO VIP DROP-OFF ALONG THE HOTEL'S NORTH PROPERTY LINE, KEEP 23RD STREET FROM BECOMING A LATE-NIGHT ACCESS ARRIVAL AND GATHERING POINT. KEEP THE POOL DECK LIMIT AT 525 AS IT IS. LIMIT OUTDOOR ENTERTAINMENT AT THE POOL DECK, THE BEACH RESTAURANT, AND OTHER AREAS FACING THE RONI. IMPOSE ENFORCEABLE CONDITIONS PROTECTING RESIDENTS FROM NOISE, TRAFFIC, QUEUING, LIGHTING, AND LATE-NIGHT ACTIVITY. THE RONI PALACE IS NOT JUST A NEIGHBORING BUILDING, IT IS THEIR HOME, AND THE RESIDENTS ARE SUPPOSED TO BE PROTECTED. AND I INTRODUCE THESE 132 PETITIONS SIGNED BY THE RESIDENTS OF THE RONEY, INCLUDING THE 92 THAT FACE. OKAY. LET'S GIVE THEM TO STAFF. AND WE, AND WE RECEIVED MULTIPLE EMAILS THAT SEEM TO BE CRAFTED BY SOMEBODY ON THE, ON THE RESIDENT SIDE. MR. CHAIR. YEAH. THIS, I'M SORRY, ONE MOMENT. I, I FAILED TO ASK THE BOARD FOR EX PARTE DISCLOSURES. ANY, ANY NO. JUST EMAILS THAT WE RECEIVED. AND THOSE ARE ALL A PART OF THE RECORD. YEAH. YES. THANK YOU, MR. CHAIR. A COUPLE POINTS IN CONCLUSION. WE HAVE HEARD EVERYTHING THAT HAS BEEN SAID. YOU HAVE HEARD FROM THE EXPERTS AS WELL. COUPLE OF THINGS THAT I DO WANT TO POINT OUT. NUMBER ONE, THIS TALK ABOUT THE OCCUPANCY. REMEMBER, THE LARGE INCREASE IS THE NUMBER OF PEOPLE WHO CAN BE IN THE POOL DECK. OCCUPANCY DOESN'T MEAN SEATS. OCCUPANCY MEANS HOW MANY PEOPLE CAN BE IN THE AREA. WE ARE DE-INTENSIFYING THE USE OF THE POOL AREA, INCLUDING REDUCING THE HOURS IN THE POOL AREA. I'VE ALREADY MENTIONED TO YOU THE CHANGES THAT HAVE BEEN MADE BY THE VALET DROP OFF FOR THE VVIP, IT WAS ALSO GOING TO BE A PICKUP IN THE NORTH END. DUE TO THE REQUEST OF THE RONEY RESIDENTS, WE MOVED ALL VALET PICKUP TO 22ND STREET. THE SAME THE PRIVATE MEMBERS' LOUNGE AS WELL, BEFORE INITIALLY HAD, OPENINGS TO THE BEACH, AND IT WAS GOING TO BE AN INDOOR-OUTDOOR SPACE. NOW IT'S ALL INDOORS. THAT WAS IN RESPONSE TO THE RONEY PALACE RESIDENTS. THE BEACH CLUB RESTAURANT HAS BEEN MODIFIED BASED ON THEIR OBJECTIONS, MOVED FURTHER AWAY FROM THEIR PROPERTY, AND ALSO BUILT IN SUCH A WAY THAT IT MINIMIZES ANY IMPACT. HERE'S WHAT'S IMPORTANT, THOUGH. THERE ARE TWO THINGS. NUMBER ONE, ALL EVEN ALL THE OBJECTORS, OR VIRTUALLY ALL THE OBJECTORS, SAID, WE WELCOME, WE WANT A W. WHY DO THEY WANT A W? THEY WANT A W BECAUSE OF WHAT THAT BRAND NAME BRINGS WITH IT, THE QUALITY OF OPERATION AND WHAT IT IMPLIES. WE UNDER I'M SORRY. SORRY, I FORGOT THE WALDORF PART OF IT. RIGHT, RIGHT, RIGHT. THE WALDORF AND WHAT THAT, WHAT THAT IMPLIES. AND SO, ONE THING THAT WE ARE WILLING TO DO, SINCE EVERYONE SAYS THEY WANT THE WALDORF, IS SAY IF THAT BRAND CHANGES, WE HAVE TO COME BACK. YEAH, NEESON, THAT IT'S CLEAR THEY ALL WANT THE WALDORF. IT'S WE, IT'S THE, IT'S THE NOISE THAT THEY'RE CONCERNED ABOUT. WELL, BUT LET, I'M GOING TO GET TO THAT AS WELL, MR. CHAIR. RIGHT. NUMBER TWO, WITH RESPECT TO THAT, REMEMBER THIS AS WELL. NUMBER ONE, THE SOUND, BEFORE IT CAN OPEN, HAS TO BE TESTED. NUMBER TWO, YOU RETAIN JURISDICTION AT ALL TIMES OVER THIS, AS YOU YOURSELF POINTED OUT. AND IF THERE'S A VIOLATION OF THE NOISE ORDINANCE, THEY CAN BE BROUGHT BACK BEFORE THIS BOARD, AND THEY CAN BE LIMITED OR THEIR OPERATIONS REVOKED EVEN. SO, YOU HAVE, EH, HAVE AND RETAIN THAT POWER. THE OTHER THING I WOULD SAY IS, ACTUALLY ONE OF THE SPEAKERS, MR. DEVITO, DID HAVE ACTUALLY SOME CONSTRUCTIVE SUGGESTIONS. FOR INSTANCE, THE IDEA THAT EVERY YEAR THERE WOULD BE A TEST OF THE SOUND SYSTEM OR A REPORT TO THE BOARD ON THAT. THAT'S A REASONABLE REQUEST, AND WE WOULD AGREE TO THAT. SO, WHAT WE'D LIKE TO DO IS MOVE FORWARD [02:15:01] WITH THE APPLICATION, UNDERSTANDING YOU HAVE ALL THE PROTECTIONS THAT ARE ALREADY BUILT IN WITH THE, TESTING BEFORE IT OPENS FOR BUSINESS, WITH THE RETAINED JURISDICTION, WITH THE FACT THAT THE LEVELS OF SOUND ARE, THAT CAN EMANATE ARE AT AMBIENT NOISE LEVEL. AND WE'RE ADDITIONALLY WILLING TO HAVE THE ADDITIONAL FACTOR OF THAT IT WOULD BE, IF IT'S GOING TO CHANGE FROM BEING A WALDORF, YOU KNOW, YOU ALREADY HAVE WITH THE OWNERSHIP CHANGES, IT WOULD GO BACK BEFORE THIS BOARD, BUT THAT IF IT'S GOING TO CHANGE FROM A WALDORF TO ANOTHER BRAND, WE WOULD COME BACK BEFORE YOU. AND ONE OTHER THING THAT I WOULD SUGGEST THAT MIGHT GIVE PEOPLE SOME ADDITIONAL LEVEL OF COMFORT. OUR EXPERT, DAVE KOCH MENTIONED, WELL, FIRST OF ALL, THE CITY'S EXPERT MENTIONED THAT THERE WERE SOME TWEAKS THAT COULD BE MADE, IN RESPONSE TO THEIR ORIGINAL REPORT. THOSE TWEAKS WERE MADE, AND THE REPORT, THE SOUND REPORT, WHICH YOU, THE SOUND ANALYSIS NOW SHOWS THAT IT CAN BE DONE WITHOUT ANY AMBIENT SOUND TRANSFERRING TO THE NEIGHBORING PROPERTY. WE WOULD SUGGEST THAT, AND BE WILLING THAT I, WE WOULD LIKE THIS APPROVED, AND I'LL TELL YOU ANOTHER REASON WE WANT THIS APPROVED, BECAUSE WE NEED TO GET THIS PROPERTY OPEN. WE NEED TO MAKE THE INVESTMENT; WE NEED TO MOVE FORWARD. WE UNDERSTAND THE ABILITY OF ANY, THE IMPACTS ARE COMPLETELY UNDER YOUR CONTROL. WE WOULD PROPOSE THAT WITHIN A PERIOD OF 6 MONTHS, LET'S SAY, THAT WE COME BACK, OUR SOUND EXPERT MEET WITH THE CITY'S SOUND EXPERT, AND REPORT TO THIS BOARD, WHICH WOULD RETAIN JURISDICTION, FOR ADDITIONAL REFINEMENTS OR CONTROLS IF NECESSARY. WE'RE CONFIDENT WE CAN ACHIEVE THAT. WE DON'T WANT TO HOLD EVERYTHING UP BASED ON THAT. SO, THAT'S WHAT WE PROPOSE. LET ME ASK YOU, NEESON, BACK WHEN THE GOOD TIME WAS HAVING A LOT OF PROBLEMS, WE ACTUALLY, THEY AGREED TO GO TO A NEIGHBOR, THEY, IN THIS CASE, WOULD BE SOMEONE IN THE RONI FACING THE HOTEL, AND DO A SOUND STUDY FROM THERE, OR AT LEAST MONITOR AND SEE WHAT THE, YOU KNOW, HOW THE NOISE PROJECTED TO THE, IS THERE, IS THAT SOMETHING THAT COULD BE POSSIBLE HERE? WE'LL DO THAT. YEAH, ABSOLUTELY. YOU KNOW, BECAUSE AGAIN, IT'S ALWAYS TOUGH FOR US BECAUSE A LOT OF BUSINESSES ARE STRUGGLING ON THE BEACH, AND IT'S ONE OF MY BIGGEST CONCERNS, ESPECIALLY RESTAURANTS. AND WE WANT TO DO EVERYTHING WE CAN TO MAKE YOU ALL SUCCESSFUL. WE WILL AGREE. 100%. WE'LL AGREE TO THAT. BUT WE ALSO NEED THEM NOT TO BE DISRUPTED WHEN THEY'RE SLEEPING AND, YOU KNOW. WE'LL AGREE TO THAT, AND WE DID THAT WITH THE DELANO. IT'S A PERFECTLY REASONABLE RE REQUEST BECAUSE WE WANT TO MAKE SURE FOR OUR GUESTS, OUR OWNERS, AS WELL AS OUR NEIGHBORS, THAT THEY, THAT IT'S ALL WELL-MODULATED AND UPSCALE. ALL RIGHT. ALL RIGHT, LET ME OPEN IT TO THE BOARD QUESTIONS TO THE APPLICANT. OKAY. GO AHEAD. WELL, PUBLIC DISCLOSURE, I LIVE NEXT TO NIKKI'S BEACH, SO, I UNDERSTAND THE CONCERN OF NEIGHBORS WITH LOW DECIBEL AND LIVE MUSIC OUTDOOR. I'M REALLY NOT COMFORTABLE WITH ANY MUSIC THAT IS NOT THROUGH A SOUND SYSTEM, AND IF YOU ADD DRUMS AND OTHER INSTRUMENTS LIVE ON THE BEACH OR AT THE POOL THAT ARE NOT DB CONTROLLED, WE'RE JUST GOING TO, WE'RE GOING TO HAVE A PROBLEM. SO, MY FIRST QUESTION IS WE'VE DONE THIS ALL THE TIME. WE'VE SAID, WHETHER IT WAS CATCH'S ROOF, OTHER PLACES THAT WANT OUTDOOR, EVEN IN, SOUTH OF FIFTH, WHICH DOESN'T ALLOW LIVE ENTERTAINMENT, AT A MINIMUM CAN WE ASK THAT ALL LIVE ENTERTAINMENT GO THROUGH YOUR DB LIMITED SOUND SYSTEM. LET ME, YES, WE CAN. THANK YOU. I'M NOT A I UNDERSTAND THAT, THAT THE, THE RUBIN BROTHERS HAVE AN INCREDIBLE BRAND, AND I UNDERSTAND THAT IT'S PROBABLY, AS THEY SAY, ANY MEMBERSHIP, CLUB THAT, WOULD HAVE ME, I WOULDN'T WANT TO BE A PART OF. BUT EXPLAIN, THERE'S SO, MUCH ANIMOSITY FROM THE NEIGHBORHOOD, EVEN HEARING FROM COLIN'S NEIGHBORHOOD ABOUT 23RD STREET. WHAT? SOMEBODY COMES IN, IS IT, REALLY WORTH ALL THIS HATE FOR SOMEBODY TO JUST A S TOM BRADY TO GET A CHAMPAGNE ON 23RD STREET? CAN'T THEY JUST COME IN THE FRONT DOOR LIKE A NORMAL HUMAN BEING, SINCE THEY'RE GOING OUT THE FRONT DOOR? YOU, YOU MEAN, WELL, YOU KNOW, AND I WOULD HAVE OUR, OUR TRAFFIC EXPERT TO, IT IS SO, SUCH A MINIMAL AMOUNT OF USAGE FOR THAT MERELY AS A DROP OFF. BUT THEN AND NOT GOING TO BE A PICKUP. SO, WHAT IS THE OPERATIONAL NEGATIVITY TO, TO X THAT [02:20:01] OUT THEN? IT'S THE, LET ME ASK THE REVERSE. WHAT HAPPENS TO THE WARD OFF IF SOMEBODY WHO'S A MEMBER, YEAH, YOU'RE ACTUALLY SAYING YOU'RE HAVING AN ELITE OF THE ELITE. WHAT WHAT'S THE BIG DEAL? LET THEM GO THROUGH THE FRONT DOOR. I'M NOT THE EXPERT AT THIS KIND OF BUSINESS. I DON'T KNOW. OPERATIONALLY. WHAT? ADDRESS IT. BUT I MEAN, I THINK THAT IT, NUMBER ONE, THE IMPACT IS SO, MINIMAL, IT'S BEEN KIND OF BLOWN OUT OF PROPORTION GIVEN THE AMOUNT OF VEHICLES THAT CIRCULATE THROUGH THAT DRIVEWAY, BUT LET ANTHONY I WANT TO HEAR THE OPPOSITE. IT'S SO, MINIMAL, SO, WHY CAN'T A SUPER VIP GO THROUGH THE FRONT DOOR? YEAH, SO, THE IN WALDORF, THERE'S ALL ACROSS THE WORLD, THERE'S IT'S ESPECIALLY PLACES LIKE NEW YORK, FOR EXAMPLE, AND MIAMI IS A PRIMARY MARKET ALSO, SO, THIS WILL HAPPEN HERE, BUT IT'S PEOPLE THAT NEED EXTRA SECURITY AND PRIVACY. SO, IT COULD BE HEADS OF STATE, IT COULD BE LEADERS FROM OUT OF TOWN THAT ARE COMING IN TOWN FOR CONFERENCES TO SPEAK, AND THEN ALSO FOR MOBILITY IMPAIRED. SO, IF YOU GET DROPPED OFF ON THE SOUTH SIDE OF THE PROPERTY, YOU ACTUALLY HAVE TO CIRCULATE THROUGH THE ENTIRE PROPERTY TO GET TO THIS MEMBER'S LOUNGE. THE THOUGHT IS THAT THAT COULD BE USED, FOR THOSE FOLKS AS WELL, BUT IT'S A VERY SMALL, SELECT GROUP OF PEOPLE THAT ITS PRIVACY IS LIKE PARAMOUNT. BUT THEY'RE STILL GOING TO THE FRONT TO LEAVE. THEY ARE. YEAH. OKAY. IT'S BEYOND MY IQ TO FIGURE OUT WHY THIS IS SUCH A, SUCH A, A SOMETHING SO, HARD TO FIGHT FOR WHEN THE COMMUNITY IS SO, AGAINST IT. AND, AND I WOULD JUST LIKE TO ASK, DEBORAH, ARE WE 100% COMFORTABLE ALL THESE ISSUES OF SAFETY AND TRAFFIC HAS THE POLICE AND PLANNING AND IT, ARE WE REALLY THAT COMFORTABLE THAT THEY'RE OVERBLOWING IT AND THAT IT'S COOL TO DO THIS? SO, PLANNING AND TRANSPORTATION HAS LOOKED AT THE DROP OFF ON THE 23RD STREET SIDE, AND WE DO NOT HAVE ANY CONCERNS AT THIS POINT. JUST HAD TO ASK. THANK YOU. YEAH, AS YOU HEARD, AND EVEN AS, THE REPRESENTATIVE FROM THE ROOM STATED, NOBODY'S AGAINST THE WALDORF. EVERYONE, I THINK, WANTS TO SEE IT, COME TO FRUITION HERE. THE ISSUE IS THE NOISE. THAT'S, THAT'S THE NUMBER ONE ISSUE, WHETHER IT'S FROM, THE BEACH CLUB, THE POOL DECK AND BAR, THE, THE, INCREASED ACTIVITY ON 23RD STREET. SO, THE, SO, THE IDEA IS HOW DO WE MITIGATE THAT? LOOK, I'M SURE I'M GOING TO HEAR A LOT OF OTHER IDEAS HERE. YOU KNOW, I, I'M LOOKING AT THE, AT THE STAFF REPORT. THERE WAS A, I THINK EARLIER THIS YEAR, THERE WAS A VIOLATE, A NOISE VIOLATION, SO, THERE'S OBVIOUSLY, YOU KNOW, ISSUES THERE TO BE CONCERNED WITH, OR, OR POSSIBLE ISSUES MOVING FORWARD. WE, YOU KNOW, I UNDERSTAND WHAT NEESON SAID THAT, OR HE ATTEMPTED TO SAY THAT THEY ARE ACTUALLY DECREASING SOME OF THE ACTIVITY, LIKE, BUT MAINLY THAT'S INSIDE, WHAT IT SEEMS LIKE'S HAPPENING. THAT'S MOVING TO THE OUTSIDE, THOUGH. SO, ME OF THAT THAT ENTERTAINMENT THAT WAS ON THE INSIDE IS MOVING TO THE OUTSIDE AT THE, POOL DECK AND BAR. SO, I THINK OVERALL IT'S NOT REALLY A, A DECREASE IN INTENSITY. I THINK IT'S JUST SHIFTING IT AROUND, MORE, MORE TOWARD THE OUTSIDE. DID YOU WANT TO? YEAH, I CAN SPEAK TO THIS. SO, CURRENTLY BY THE POOL, THERE'S ALREADY A POOL BAR, AND THEN THE THREE-MEAL RESTAURANT THAT EXISTS AT THE CENTER OF THE PROPERTY ALREADY EXISTS. AND THEN THERE'S, THERE'S ACTUALLY AN ADDITIONAL BAR THAT EXISTS TODAY, WHICH WE'RE GETTING RID OF, IN KIND OF THE CENTRAL OF THE PROPERTY. AND THEN AS IT RELATES TO OCCUPANCY OF THE POOL DECK, THE, THE CALCULATION THAT WAS DONE, IT WAS ESSENTIALLY TAKING THE ROUGHLY 400 ROOMS THAT WE HAVE AND CALCULATING 2 AND A HALF PEOPLE PER ROOM, RIGHT? SO, 2 PARENTS AND A CHILD. WE NEED TO BE ABLE TO HAVE SPACE ON OUR POOL DECK TO BE ABLE TO JUST SERVICE OUR GUESTS ON A FULL OCCUPANCY DAY. IN MIAMI, FULL OCCUPANCY DAYS ARE VERY REGULAR IN THE WINTER, SO, WE JUST NEED TO HAVE THE AMOUNT OF SPACE FOR LITERALLY THE PEOPLE STAYING AT THE HOTEL TO CIRCULATE ON THE POOL DECK. SO, THAT'S, THAT'S WHERE KIND OF THE, THE CALCULATION I WAS MAINLY REFERRING TO THE, THE BEACH RESTAURANT, WHICH IS A NEW VENUE THAT HAS ALMOST 500. YES, THAT'S A NEW VENUE, YES. THAT'S AN UNDERUTILIZED SPACE ON SITE RIGHT NOW. IT'S JUST TURF. YEAH, AND IT'S ALSO THERE'S NOTHING CLOSEST TO THE, TO THE RONEY. SO, YOU KNOW, IT'S IT, AND THAT'S, THAT'S MY MAIN CONCERN. BUT YOU KNOW, GOING BACK. SO, SCOTT, WHAT COULD THEY DO TO ALLEVIATE THAT CONCERN? WELL, THAT'S WHAT I'M, I MEAN, IT, WELL, IT'S WHAT THEY COULD DO. IT'S WHAT WE'RE, WE'RE GOING TO DO. AND WHETHER THAT'S LIMITING ENTERTAINMENT OUTSIDE, WHETHER IT'S YEAH. LIMITING HOURS OF OPERATION, I DON'T KNOW. I'LL TELL YOU WHAT, I DON'T HAVE ANY FAITH IN ANY KIND OF SOUND STUDIES OR ANYTHING LIKE THAT. YOU CAN PUT TOGETHER A, YOU KNOW, MOST COMPREHENSIVE STUDY THERE [02:25:03] IS, BUT ALL IT TAKES IS SOMEONE TO TURN A KNOB RIGHT. A LITTLE LOUDER, TURN A SPEAKER TO FACE A DIFFERENT WAY, AND IT JUST, YOU KNOW, THAT SOUNDS THAT IT GETS FLUSHED DOWN THE TOILET. THAT'S WHY YOU HAVE TO RELY ON THE OPERATOR. SO, YOU HAVE TO RELY, TRUE, YOU HAVE TO RELY ON THE OPERATOR. I HONESTLY, I WOULD BE, I MEAN, I, I SEE WHAT THEY'RE PROPOSING. I WOULD, AND I CAN GO ITEM BY ITEM, BUT MAYBE LIMITING WHAT, WHAT THEY'RE PROPOSING INITIALLY, AND AFTER THEY OPERATE FOR A WHILE, IF THEY SEEM TO BE A GOOD OPERATOR, THEY CAN ALWAYS COME BACK TO US TO ASK FOR A LITTLE MORE TIME. YEAH, THAT'S ALWAYS THE DILEMMA, THE CART BEFORE THE HORSE. YEAH. LIKE, YOU LET THEM HAVE IT, AND IF THEY MISBEHAVE, YOU TAKE IT AWAY. I SAY THAT JUST BECAUSE OF THE HISTORY OF A LOT OF YEAH. OTHER VENUES, AND THAT THAT'S, THAT'S WHERE I'M LEANING RIGHT NOW. AND I'D LIKE TO ADD SOMETHING I FORGOT TO MENTION. I REALLY THINK THAT I'VE BEEN TO A FEW OF THOSE EVENTS AT THE W. I'M REALLY CONCERNED ABOUT A 2 A.M. SPECIAL EVENT. I THINK THAT'S WAY TOO LATE. I THINK THE PEOPLE AT RONEY WILL SUFFER FOR THAT, EVEN IF IT'S ONLY 5. I MEAN, IF IT'S OUTDOORS IN A SPECIAL EVENT, MIDNIGHT IS IT MAY BE TOO HARD AND HARSH TO ASK FOR 10 OR 11, BUT IT SHOULDN'T GO PAST MIDNIGHT, IN MY OPINION. AND THERE'S N THERE'S NO CAP ON THE NUMBER, AND IT'S NOT ONLY IT'S SPECIAL EVENTS OR HOTEL EVENTS, WHICH IS NOT REALLY HOTEL EVENTS, WEDDINGS, DEFINED. BAR MITZVAHS, SO, YOU CAN'T HAVE THAT AT 2 IN THE MORNING. BUT I'M, I'M OPEN, I MEAN, I'M WILLING TO LISTEN, AND MAYBE WE CAN COME TO SOME, SO, ME AGREEMENT. SOMETHING REASONABLE. JONATHAN. YEAH, I MEAN, I GUESS I HAVE CONCERNS ABOUT 23RD STREET. NUMBER ONE, ARE YOU REPRESENTING THAT IT WILL NOT BE ACCESSIBLE TO ALL MEMBERS? YES. YES. SO, SO, A MEMBER IS, IS IN AN UBER, WILL NOT BE ALLOWED TO GET DROPPED OFF THERE? YEP, ALL RIDESHARE IS GEOLOCATED TO THE SOUTH SIDE OF THE PROPERTY AND WILL CONTINUE TO BE THAT WAY. RIGHT, BUT I GUESS IF A MEMBER SHOWS UP IN AN UBER ON THAT OR, OR IN THEIR PERSONAL CAR, IT HAS TO BE A PERSONAL CAR. RIGHT, BUT SO, ANY MEMBER IS ALLOWED TO PULL UP INTO THE 23RD STREET? NO. OKAY, SO, IT HAS TO BE A SPECIFICALLY DESIGNATED PERSON BY THE PREAPPROVED. HOW DO YOU GUYS CONTROL WHO GETS TO COME INTO THE DRIVEWAY? SO, SOMEONE WHO'S NOT SUPPOSED TO BE COMING IN THROUGH THAT, YOU GUYS JUST GET THEM TO KEEP MOVING ALONG, BUT THEY STILL TAKE THE 23RD STREET. YEAH, IT'S A VALET ISSUE. SO, VALETS ARE VERY ACCUSTOMED WITH TURNING AWAY PEOPLE THAT SHOULDN'T BE THERE. WE ACTUALLY HAVE OUR VALET OPERATORS HERE. THEY CAN SPEAK TO IT IF, IF YOU WANT, BUT THAT'S, THAT'S HOW IT WOULD OPERATE. AND, AND IF IT HAPPENS A FEW TIMES, PEOPLE WILL GET THE MESSAGE CERTAINLY AS WELL. BUT YOU GOT TO VERIFY WHEN THEY FIRST GET THERE, IF THEY'RE MEMBERS, THEY'RE GOING TO LINE UP TO TRY TO FIND OUT IF THEY'RE MEMBERS FROM THE VALET? I ASSUME THE MEMBERS ARE GOING TO BE TOLD WHERE TO GO. EXACTLY. RIGHT? FOR ALL MEMBERS, IT'S THE SOUTH SIDE OF THE SITE, EXCEPT FOR A VERY FEW PREAPPROVED, PRIOR TO THEM SHOWING UP, VVIPS, WHICH WOULD UNDERSTAND WHERE TO GO IN TO GET TO THAT NORTH, VALET DROP. RIGHT. THAT'S THE INTENT. THESE FIRST I'M HEARING ABOUT THE SOUND OF THE TRUCKS AND DELIVERIES ON 23RD STREET, WHICH TO ME, THIS IS AN OPPORTUNITY TO KIND OF COME UP WITH A SOLUTION TO TRY TO FIX THAT IF THAT'S BOTHERING THE NEIGHBORS. I DO SEE IN THE PROPOSED ORDER, OR CUP THAT DELIVERIES ARE LIMITED FROM 8 A.M. TO, I THINK, 8 P.M. 8 TO 5, WHICH SEEMS REASONABLE. I, I, I DON'T KNOW FOR THE I ASSUME THAT'S NOT HAPPENING NOW, EH, WHICH IS WHY THERE'S A CONCERN. AND SO, NOW THAT WILL BE IN YOUR CUP. IT'S NOT, IT WASN'T BEFORE. I GUESS THERE WERE, IT WAS SUBJECT TO OTHER AGREEMENTS AND REVIEWS, BUT FOR THE RESIDENTS, IF THAT IS, IF YOU'RE HEARING THE TRUCKS DELIVERING BEFORE 8 A.M. AND AFTER 5 P.M., CALL CODE ENFORCEMENT, CALL, YOU KNOW, RECORD IT, SEND IT TO THE PLANNING DEPARTMENT, AND WE CAN BRING THEM BACK FOR A STATUS, STATUS UPDATE. SO, THAT I THINK IS A BENEFIT TO YOU GUYS FOR GETTING THIS PROJECT, IS THAT THERE NOW WILL BE DESIGNATED HOURS IN THE CUP THAT'S CLEAR, CLEAR AS DAY FOR, FOR CODE ENFORCEMENT TO ENFORCE. I THINK IT'S A GOOD THING. I GUESS WE'RE, A BIT, RESTRAINED BECAUSE I GUESS STAFF, STAFF'S PROPOSAL IS TO, CONTINUE THE ENTERTAINMENT ASPECT OF IT FOR LATER REVIEW, YOU KNOW, FOR ONCE WE DO MORE SOUND STUDIES. SO, WE DON'T REALLY HAVE YOUR [02:30:01] EXACT RECOMMENDATIONS FOR APPROVING THAT. SO, I DON'T FEEL COMFORTABLE TODAY APPROVING THE ENTERTAINMENT OR THE LIVE MUSIC OR THINGS LIKE THAT WITHOUT YOUR STAFF SPECIFIC, BECAUSE I KNOW I'VE SEEN THEM ON A HUNDRED OTHER APPLICATION OR CUPS. IT'S A DETAILED THING, AND SO, I THINK, YOU KNOW, WHETHER IT'S NO DANCE HALL AND NO THIS AND NO, NO PERCUSSION, I KNOW PERCUSSION'S AN IMPORTANT ONE BECAUSE YOU CAN HAVE A VIOLINIST AND IT SOUNDS GREAT, BUT IF YOU ADD A DRUMMER TO THE, TO A WEDDING BAND, I MEAN, YOU'LL BE UP, YOU KNOW, IT'S MISERABLE, SO, FOR THE NEIGHBORS. SO, I, I DO AGREE WITH STAFF IN TERMS OF, AND I UNDERSTAND THE NEED TO GET THE PROJECT ROLLING, BUT I THINK THERE'S ENOUGH THERE, AND, AND I THINK NOW YOU ALL KNOW THE MISSION FOR YOUR SOUND STUDIES AND FOR THE SOUND DESIGN IS SO, THAT IT'S, YOU KNOW, NOT AUDIBLE FOR THE NEIGHBORS. AND SO, I GUESS FOR NEESON, IS THAT, ARE YOU, IS IT YOUR GOALS THAT THE MUSIC FROM THE POOL DECK, OTHER THAN SPECIAL EVENTS, OF COURSE, BUT THE MUSIC FROM THE POOL DECK ON WHEN YOU GOT A WEDDING GOING ON, WHEN YOU GOT A SWIM WEEK FASHION SHOW OR WHATEVER IT MAY BE, THAT'S NOT AUDIBLE FROM THE TERRACES AT THE RONI. WELL, WHAT IT WOULD, IT WOULD TO DO IS TO VIOLATE THE CITY'S NOISE ORDINANCES, WHICH, WOULD, BE, YOU KNOW, CLEARLY AUDIBLE ABOVE, THE AMBIENT SOUND THERE. SO, I THINK WE WOULD HAVE TO, WE'D HAVE TO, I MEAN, UNDER THE CITY'S CODE, WE'D HAVE TO REGULATE THAT ANYWAY. WELL, RIGHT, BUT YOU GET A CODE ENFORCEMENT OFFICER WHO GOES UP THERE AND SAYS, THIS DOESN'T SEEM UNREASONABLE, BUT THEY CAN HEAR IT IF THE SLIDING DOOR IS OPEN, FROM THEIR UNIT. AND SO, THAT'S A DISTURBANCE TO THE UNIT OWNER. AND SO, I, I GUESS, YES, I GET IT THAT THERE'S AN ORDINANCE, BUT THAT THERE'S A REASON ALSO WHY WE ALSO DO THE CUP IS TO PROTECT RESIDENTS WHO ARE OVERLOOKING A POOL AREA. SO, I GUESS, YOU KNOW, MY THINKING, I AM, I'M CONCERNED ABOUT IT, BUT I DON'T THINK, I THINK WITH THE SOUND TESTING THAT THAT YOU'VE OFFERED TO DO AND YOU'VE AGREED TO DO, AND, YOU KNOW, I THINK IT WAS HARD IN ANOTHER BUILDING PROJECT THAT WE HAD TO GET A RESIDENT TO AGREE TO PUT ONE OF THOSE BULKY THINGS ON THEIR, BALCONY. I THINK WE'VE FOUND PEOPLE WHO WILL AGREE TO THAT. I THINK THAT WOULD BE HELPFUL, BECAUSE, YOU KNOW, YOU CAN TEST ON YOUR PROPERTY AND, BUT 10 STORIES UP, YOU HEAR SOMETHING TOTALLY DIFFERENT, AND ONE NIGHT IT'S WINDY AND THE CA THE SOUND CARRIES. SO, I THINK, I DO THINK IT'S IMPORTANT TO KIND OF GET THIS RIGHT, BEFORE JUST ALLOW ALLOWING THE ENTERTAINMENT. I MEAN, LIKE YOU, LIKE YOU SAID, SCOTT, THAT WE HAVE THIS ISSUE WHERE IT'S MUCH EASIER TO GET THE PERMISSION TO FROM THE PLANNING BOARD TO GET ENTERTAINMENT IT THAN IT IS TO TAKE AWAY THE PRIVILEGES OF THAT. AND THE BURDEN ENDS UP FALLING ON THE NEIGHBORS TO CALL CODE ENFORCEMENT. THEY WAIT FOR CODE ENFORCEMENT. IF IT'S A BUSY NIGHT, IT COULD TAKE THEM AN HOUR TO GET THERE. THEY COME UP TO THEIR UNIT, THE SOUND, THEY, YOU KNOW, YOU'VE GOT THOSE PEOPLE, YOU KNOW, THEY SEE A CODE ENFORCEMENT, YOU KNOW, OUTSIDE, THEY'RE GOING TO TURN DOWN THE MUSIC, AND THEY DON'T HEAR IT. A WARNING IS ISSUED, AND IT'S LIKE, YOU KNOW, NOTHING HAPPENED. SO, BUT I'M IN FAVOR OF THIS PROJECT. I THINK IT SHOULD WORK. I JUST THINK THAT THERE SHOULD BE, YOU KNOW, GOOD TESTING WITH THE SYSTEM, THE ENTERTAINMENT. SO, I DON'T, I DIDN'T HEAR MUCH ABOUT THE REASON WHY THE INCREASING FROM 500 TO 1300 PEOPLE AT THE POOL IS, SEEMS WILD TO ME. I'VE BEEN TO AN EVENT AT THE W POOL. IT'S, THERE WERE A LOT OF PEOPLE THERE, AND NOW THAT I'M THINKING BACK ON IT PROBABLY WAS DISTURBING THE NEIGHBORS. THE, I CAN'T IMAGINE DUB MORE THAN DOUBLING THAT, AND THEN I KNOW, LIKE, YOU KNOW, THE WALDORF ASTORIA HAS A GREAT REPUTATION. THEY'RE NOT GOING TO DO ANYTHING TO DAMAGE THEIR REPUTATION, BUT THE OTHER THING IS, I'M READING ALL OF THIS, AND I'M THINKING THEY DON'T REALLY NEED TO HAVE A SPECIAL EVENT PERMIT TO HAVE 1300 PEOPLE THERE UNTIL, 2 A.M., AS LONG AS THEY'RE NOT HAVING, YOU KNOW, ENTER, YOU KNOW, OR I'M SORRY, UNTIL 12. 10 P.M. TILL 12. 10. 10, YEAH. OKAY, UNTIL 10. I THOUGHT IT WAS 12. THE SPECIAL EVENT THEY HAD ASKED FOR 2 A.M. RIGHT. SPECIAL EVENTS. RIGHT. RIGHT. SPECIAL EVENTS GO UNTIL 2 A.M. RIGHT, BUT THEY CAN HAVE THAT UNTIL 10, 1300 PEOPLE THERE UNTIL 10 O'CLOCK AT NIGHT, YOU KNOW, [02:35:02] WITH A CORPORATE FUNCTION, WHICH REALLY COULD BE ANYTHING. SO, THERE IS A TYPO, I THINK, IN PARAGRAPH 14B, THAT IN TERMS OF THE VALET OPERATORS, IT, I THINK. YES. YES. THERE IS. OKAY, WE'RE SWITCHING THAT. YEAH, WE, STAFF PASSED OUT A, AN UPDATED ORDER THAT CORRECTS SOME OF THOSE TYPOS. I DIDN'T SEE THAT, SORRY. SO, THE, I WASN'T CLEAR. SO, IN, I GET WHAT WE'RE SAYING ABOUT THE EXTENDED HOURS, WITH AMBIENT ENTERTAINMENT, BUT IT'S NOT, MY NOTES HERE SAY THAT THE PROPOSED ORDER ISN'T CLEAR THAT AMBIENT ENTERTAINMENT IS NOT ALLOWED FOR A HOTEL EVENT. SO, IN READING THROUGH THAT SECTION OF THE CU, THE PROPOSED CUP, I'M SORRY IF THAT. NO, WHILE YOU'RE LOOKING AT THAT, I HAVE SOME QUESTION FOR STAFF. SO, WHEN YOU MAKE A RECOMMENDATION THAT WE APPROVE IT EXCEPT FOR THE ENTERTAINMENT, WHAT ARE, WHAT ARE YOU WAITING TO FIND OUT? BECAUSE THE, THE AMBIENT MUSIC REQUIREMENT IS NOT GOING TO CHANGE. SO, WHAT IS IT THAT THE CITY SURE. SO, WE ARE RECOMMENDING THAT THE OUTDOOR ENTERTAINMENT COMPONENT BE CONTINUED, JUST THE OUTDOOR PORTION. RIGHT, TO DO WHAT, MORE SOUND STUDIES? THE FIRST TWO, THE THIS, RIGHT. WELL, THE FIRST TWO SOUND STUDIES THAT, THAT WENT BACK AND FORTH WITH OUR PEER REVIEWER CAME BACK AS PROBLEMATIC, RIGHT? AS TOO MUCH NOISE A AT THE NEIGHBORS, UNITS. THE THIRD ITERATION OF GOING BACK AND FORTH, WE JUST RECEIVED, A RESPONSE FROM OUR PEER REVIEWER YESTERDAY. THE PEER REVIEWER HAD A LENGTHY KIND OF CONDITION. STAFF HAS NOT HAD A CHANCE TO REVIEW THAT AT THIS POINT. SO, THAT'S WHY IT'S NUMBER ONE, IT'S NOT INCLUDED IN ANY OF YOUR DOCUMENTS BECAUSE THESE WERE COMPLETED OVER A WEEK AGO, AND WE DID NOT HAVE TIME BETWEEN YESTERDAY AND THIS MORNING TO, YOU KNOW, REVIEW THE, ANALYSIS OF OUR PURE REVIEWER OF THE MOST RECENT PROPOSAL BY THE APPLICANT, WHICH I BELIEVE WAS SUBMITTED LATE LAST WEEK. ALL RIGHT, WELL, SO, NEESON, YOU'D AGREE THAT, THAT, THAT IF WE CONTINUE THE OUTDOOR ENTERTAINMENT PORTION, THE REST, IF WE, IF IT'S APPROVED, THAT'S NOT GOING TO DELAY THE PROJECT, CORRECT? NO, WHAT, BY OUTDOOR ENTERTAINMENT, DO YOU MEAN THE POOL DECK OR THE, LIKE WHICH VENUES? AND THE BEACH RESTAURANT. YEAH, JUST ON THE BEACH. JUST CONTINUING THAT WITH RESPECT TO WHAT WE APPROVE FOR SOUND, FOR MUSIC, FOR SPECIAL EVENTS. IN OTHER WORDS, THE CITY'S RECOMMENDING THAT WE APPROVE THE APPLICATION BUT DEFER THAT, AND I THINK THAT MAKES SENSE. SO, THE SPACES WOULD BE, WOULD BE APPROVED. THE ONLY THING THAT WOULD BE CONTINUED IS SPECIFYING THE WELL, IF MUSIC OR ENTERTAINMENT, MEANING IF CORRECT. WENT FORWARD, CORRECT. THAT'S WHAT STAFF IS SUGGESTING. WHICH IS THE PRIMARY ISSUE FOR THE RESIDENTS. YEAH. RIGHT. SORRY. PARDON US FOR ONE MOMENT. GOT IT. RIGHT, SO, FOR THE POOL IN THE NORTHEAST CORNER, THAT WOULD COME BACK IN A, IN THE NEXT PLANNING HEARING. JUST DECEMBER 9, 8TH, I THINK YOU SAID. YEAH, PRIOR TO YESTERDAY, WE WERE RECOMMENDING THE DECEMBER MEETING. SINCE IT APPEARS THAT WE MAY HAVE A POTENTIAL SOLUTION, WE CAN TRY TO BRING YOU BACK IN NOVEMBER. OKAY. SURE. AGAIN, THIS IS IF THE BOARD'S INCLINED, WHICH I AM, BUT MEANING WE APPROVE THE APPLICATE, BUT WE DEFER THAT I THINK WE CAN. ENTERTAINMENT OUTDOORS. YES. I THINK WE CAN. OKAY. AND I THINK WE CAN THAT'S JUST A QUESTION, OBVIOUSLY, I ONLY SPEAK FOR MYSELF, BUT OKAY. YES. ALL RIGHT, ALL RIGHT, JOHN, YEAH, WELL, I MEAN KEEP GOING. AND SO, I WAS MISREADING IT. IT'S THE BEACH RESTAURANT, WHICH HAS 500 PEOPLE THAT COULD GO UNTIL MIDNIGHT WITH OUTDOOR ENTERTAINMENT AMBIENT LEVEL, AND THAT, YOU KNOW, I KNOW WE'RE GOING TO, IT SOUNDS LIKE WE'RE GOING TO COME BACK FOR THAT, BUT THAT, YOU KNOW, THAT IT'S A LOT OF PEOPLE, 500 PEOPLE FOR A WEDDING, FOR EXAMPLE, UNTIL MIDNIGHT, WITHOUT A SPECIAL EVENT PERMIT, WITHOUT, YOU KNOW, IT'S NOTHING EXTRA, YOU KNOW, THAT'S PERMITTED, THAT'S JUST ALLOWED AS A RIGHT. 500 PEOPLE RIGHT NEXT TO THE RONI AND AT MID, YOU KNOW, 11:30 PM. I MEAN, THAT'S A LOT OF PEOPLE TALKING, EVEN IF THERE IS NO MUSIC. SO, SURE. YOU KNOW, I HOPE THAT ONCE WE SEE THE PLANS, YOU KNOW, A BETTER PLAN AND, AND, AND REPORTS FOR THE OUTDOOR ENTERTAINMENT, WE KIND OF HAVE THAT YEAH. ADDRESSED. SO, WE WOULD COME BACK ON THAT PIECE. YES. OKAY. RIGHT. OKAY. YEAH, AGAIN, AND I KNOW I DON'T WANT TO BEAT A DEAD HORSE, BUT WE WANT YOU TO BE SUCCESSFUL. WE WANT THIS TO WORK. WE WANT THE NEIGHBORS TO HAVE QUALITY OF LIFE. SO, IT'S THAT SIMPLE. AND, AND THEN THE ONLY THING THAT I'M, I'VE BEEN STUCK IN TRAFFIC [02:40:02] IN THAT AREA. I'VE HAD MY UBER TRY TO DO A U-TURN IN THAT AREA. I MEAN, IT'S, IT'S CHAOTIC THERE, ESPECIALLY, YOU KNOW, YOU KNOW, DURING THE HIGH SEASON, AND I GET IT. I'M, I'M NOT, YOU KNOW, CRITICIZING THE, THE TRAFFIC STUDIES. I KNOW YOUR AC ACCOMMODATED FOR THE INCREASED VOLUME THAT WOULD COME AT A DIFFERENT TIME, BUT, I, I DON'T, IF YOU'VE GOT, YOU KNOW, 01,000 PEOPLE ON THE POOL DECK, YOU'VE GOT, YOU KNOW, AT A, FASHION SHOW. THOSE WILL BE MOST, REMEMBER, THAT'S HOTEL GUESTS. WELL, OR IT'S A CORPORATE FUNCTION. I MEAN, IT COULD, IT LITERALLY, YOUR, THE PROPOSAL SAYS YOU CAN, YOUR, YOU KNOW, YOUR EVENTS THERE COULD BE A WEDDING OR A CORPORATE FUNCTION, PLUS 500 PEOPLE IN THE RESTAURANT. I'M NOT, YOU KNOW, I, YOU KNOW, IT'S A LOT OF ADDED BURDEN TO THE AREA, AND IT'S, IT'S PROBLEMATIC. I DON'T KNOW WHAT, I MEAN, I'M NOT A TRAFFIC ENGINEER, AND SO, I DON'T HAVE THE SOLUTION, BUT IT IS PROBLEMATIC. I DON'T, I ALSO, YOU KNOW, YEAH, SO, I MEAN THAT'S, I'M CONCERNED ABOUT THAT. I DON'T KNOW WHAT TO DO ABOUT IT, BUT, YOU KNOW, JUST VOICING MY CONCERN, YEAH. OKAY, I'LL TRY AND BE SOMEWHAT BRIEF. A COUPLE OF THINGS. NUMBER ONE, I THINK, THE 22ND STREET INTERSECTION IS PROBABLY ONE OF THE WORST IN THE CITY. WHAT I WOULD ACTUALLY LOVE TO SEE HAPPEN IS SOMETHING SIMILAR TO THE FONTAINEBLEAU, NOT THE SAME SCALE, BUT IF ALL CARS COULD BE DROPPED OFF ONE WAY, EVERYONE PICKED UP ON ANOTHER SIDE, I THINK THAT WOULD GENERALLY MAKE THINGS BETTER. AND IF ANYTHING, THE RESIDENTS AT THE RONEY WOULD PROBABLY APPRECIATE EVEN MORE. I DON'T KNOW IF YOU COULD DO THAT WITH YOUR SCALE OR THINK ABOUT THAT, BUT 22ND STREET, IT'S ALSO CITY ISSUE THAT HAS TO BE TALKED ABOUT. THERE'S ONLY 2 LANES, THERE'S NOT A CLEAR TURN IN THE 22ND, SO, I DON'T KNOW WHAT CITY STAFF CAN SUGGEST FOR THAT OR DO, BUT IDEALLY THAT IS DEFINITELY A PAIN POINT THAT HAS TO BE WORKED ON. NUMBER 2, IS THERE NO LANGUAGE RIGHT NOW IN THE CUP THAT TALKS ABOUT DELIVERIES? I KNOW THAT IN THE PAST WE'VE SPOKEN ABOUT. YEAH, WE DO, AND WE HAVE A RECOMMENDED CONDITION FOR THE 8 TO 5. 8 AM? YEAH. OKAY, PERFECT. SO, THAT'S, THAT'S A BIG ONE. NUMBER 3, I MEAN, YOU SEE WHAT THE 4 ISSUES ARE FROM THE RONI. SO, IT'S THE VIP DROP-OFF LANE, THE POOL DECK OCCUPANCY. I UNDERSTAND WHY YOU WOULD NEED THE POOL DECK OCCUPANCY. YOU'RE TRYING TO GO MORE TOWARDS THE FAMILY DEMOGRAPHIC. THEY HAVE SLIGHTLY LARGER GROUPS, I THINK THAT THE WALDORF COMING IS A GREAT STEP IN THE RIGHT DIRECTION FOR ELEVATING THE OVERALL PROFILE OF THE CITY AND REALLY CHANGING THE DEMOGRAPHIC THAT THE MAYOR AND COMMISSION HAS SPOKEN ABOUT AD NAUSEAM, SO, I THINK THAT WOULD BE GREAT. BUT IDEALLY, WHAT I'D LOVE TO SEE WHEN YOU COME BACK IS NOT JUST THE CITY SUGGESTING, YOU KNOW, THE SOUND LEVELS AND THE HOURS OF OPERATION, BUT IDEALLY YOU ALL COMING BACK AND SAYING, ALL RIGHT, INSTEAD OF, YOU KNOW, WE CAME TO YOU WITH MIDNIGHT, INSTEAD OF MIDNIGHT, IT'S GOING TO GO TO 10 P.M. INSTEAD OF, YOU KNOW, THE LIVE MUSIC, IT'S JUST GOING TO BE, I DON'T KNOW, MAYBE AMBIENT MUSIC, THAT'S ON THE SOUND SYSTEM, OR PROBABLY KEITH'S RECOMMENDATION, WHICH EVERYTHING IS RUN THROUGH THE SOUND SYSTEM. SO, I THINK IF YOU CAME BACK, THAT'LL GO A LONG WAY TOWARDS, YOU KNOW, REALLY SATISFYING A MAJOR COMPLAINT OF THE RONEY RESIDENTS. YOU KNOW, ONE MORE THING THAT THAT IDEALLY, I'D ALSO LOVE TO SEE IS GENERALLY LEAVING IT OPEN WITH NO CAP FOR, YOU KNOW, THE EVENTS OR SPECIAL EVENTS AND THE PERMITS. THAT COULD BE A BLACK HOLE, WHO KNOWS? I KNOW THAT THERE IS A LIMIT ON HOW MANY SPECIAL EVENTS CAN BE APPLIED FOR, BUT SOMETHING THAT WE HAVE DONE IN THE PAST AT THIS BOARD IS HAVING THE APPLICANT, THE APPLICANT AGREE TO SOME TYPE OF LIMIT AS TO HOW MANY SPECIAL EVENTS THEY CAN AND WILL REQUEST OVER THE COURSE OF A YEAR, OR MAYBE IT'S, YOU KNOW, IN HIGH SEASON YOU HAVE SOME MORE, IN LOWER SEASON YOU HAVE, YOU KNOW, LESS, SOMETHING LIKE THAT, JUST SO, THAT AT LEAST THAT, YOU KNOW, FROM THE RESIDENTS IN THE RONI, THEY KIND OF KNOW WHAT THEY'RE GETTING INTO. IT'S NOT JUST SOME BLACK HOLE OF EVENTS THAT ARE GOING TO BE HAPPENING EVERY NIGHT. YEAH, I THINK THAT'S PRETTY MUCH THE EXTENT OF MY, SORRY, ONE MORE THING. VALET. SO, RIGHT NOW, I KNOW THAT YOU'RE TALKING ABOUT AN INCREASE TO VALET. I THINK RIGHT NOW IT'S GETTING UP TO 26 RUNNERS, IS THAT CORRECT? SO, AGAIN, JUST WITH THAT 22ND STREET BEING A PAIN POINT, IF THERE'S SOMETHING THAT CAN BE DONE WITH THE CITY, EITHER MAYBE REMOVING THAT CURB CUT THAT'S, I THINK, IMMEDIATELY TO THE EAST OF THE HOTEL, WILL PROBABLY GET YOU SOME MORE SPACE TO ALSO PROVIDE FOR SOME ADDITIONAL QUEUING. SO, I DON'T KNOW IF THE CITY IS OPEN TO THAT OR IF THAT CAN BE WORKED THROUGH, BUT ANY WAY TO INCREASE THE VALET PRESENCE THERE, I THINK, WOULD GO A LONG WAY TOWARDS IMPROVING THE QUEUING, IN THAT AREA. WE WOULD LOVE THAT, YEAH. AGAIN, I DON'T KNOW IF IT'S POSSIBLE, BUT THAT IS RIGHT NOW A MAJOR CURB CUT, YEAH. THAT IS BUILT INTO THE ROUNDABOUT, BUT IF THAT CAN BE KIND OF INCREASED A LITTLE BIT TO PROVIDE MORE QUEUING, I KNOW THERE'S A FEE THAT WOULD HAVE TO BE PAID TO THE CITY FOR THAT, BUT IT'D PROBABLY GO A LONG WAY TOWARDS, EVEN IF THE HOTEL WERE TO YOU KNOW, STAY AS IT IS, JUST IMPROVING THE INTERSECTION. YEAH, I THAT'D BE GREAT. [02:45:02] THAT'S ALL I HAVE. WE AGREE. I'M NOT GOING TO ADD VERY MUCH, BUT BACK TO THE SAME THING, THAT WHOLE QUEUING AREA IS A, IS A DISASTER ON, ON THE BEST OF DAYS WITH THE PEOPLE EVEN COMING TO THE BEACH, WHETHER IT'S THE DAY OR NIGHTTIME, IT'S ALWAYS JUST EVERYONE GETS JAMMED UP IN THERE. SO, THAT'S SOMETHING FOR THE CITY TO, JUST AS AN OVERALL, TO EVALUATE OF HOW THAT CAN BE INTEGRATED BETTER FOR YOU GUYS TOO. SO, SO, THAT THAT'S OUR ISSUE. IT'S SO, TIGHT. RIGHT, RIGHT, IT IS. SO, I THINK THAT'S WORTH EXPLORING. THE REST, I MEAN, I'M ON THIS BOARD WITH THE REST OF THE BOARD HERE, BUT, SPECIAL EVENTS, SO, ME ONE MENTIONED CUTTING IT FROM 2 A.M. TO 12 A.M. I THINK THAT'S VERY SENSIBLE. SO, I DON'T KNOW IF THAT'S PART OF WHAT WE'RE DOING WITH THE NOISE SOUND STUDY OR NOT, BUT I THINK, THAT IS A VERY SENSIBLE THING TO CONSIDER DOING FOR THIS. OKAY, WELL, MAKE A MOTION. 2 MINUTES AND WE'RE DONE, BECAUSE WE GOT TO MOVE ON. I UNDERSTAND THAT. IN 2 HOURS DOING THIS. I WOULD REQUEST THAT WE HAVE A DOCKMASTER ON 23RD STREET AND SOME TYPE OF SECURITY CONTROL WHEN THE MEMBERSHIP CLUB IS OPEN AT NIGHT, SO, WHEN PEOPLE COME IN, THEY KNOW THEY CANNOT BRING THEIR CARS IN, THEIR UBERS IN. EVEN LIMOUSINES CAN'T EVEN COME IN THERE BECAUSE LIMOUSINES WOULD HAVE TO TURN AROUND, CANNOT GO UP THE TUNNEL. SO, THERE'S A RESTRICTION AS TO THE TRAFFIC COMING IN, AND OTHERWISE CARS ARE GOING TO BE TAKING K-TURNS IN THAT AREA, AND WE DON'T EXACTLY CONTRARY TO THIS SO-CALLED CONTINUOUS FLOW INTO THE TUNNEL. THAT WOULD CREATE A PROBLEM. WE DON'T WANT THEM, QUEUING ON THE STREET ITSELF, IF WE HAD A GATEKEEPER THERE, SO, TO SPEAK. WE NEED SOME TYPE OF CONTROL OVER THERE BECAUSE IT IS QUEUE IN THE INTERSECTION, WHICH WE WOULDN'T WANT. SO, WE HAVE TO FIGURE OUT HOW THAT'S GOING TO BE SOLVED, AND IT'S BECAUSE YOU CAN'T SAY, WHEN THEY COME IN THERE AND THEY BRING IN THEIR UBERS. WE ANSWERED THAT. THEY DRIVE IN THEIR UBERS. BUT THE DOCKMASTER REQUEST SHOULD BE SATISFIED BY VALET. IT HAS TO BE SOLVED. RIGHT. KEEPING PEOPLE. THE DOCKMASTER HAS BEEN REQUIRED IN MANY PLACES, AND I THINK A DOCKMASTER WOULD BE A VERY IMPORTANT SOLUTION TO THE PROBLEMS THAT ARE GOING ON, OR SOME TYPE OF FULLTIME SECURITY, ESPECIALLY THE CONCERN OF MY CLIENTS ARE THE OUT-OF-CONTROL PEOPLE THAT THEY COULD VERY WELL BE THERE. NOW, IF IT'S ONLY DIPLOMATS AND PEOPLE OF STATE, AND WE HAVE SOME TYPE OF LANGUAGE LIKE THAT IN THE AGREEMENT, THEN I THINK MY CLIENT'S CONCERNS WOULD BE DIMINISHED. BUT RIGHT NOW, THERE IS NO LANGUAGE THAT DEFINES WHO THE MEMBERS ARE AND WHICH MEMBERS ARE GOING TO BE ALLOWED IN THERE. TO SAY THEY'RE VIP, WHAT DOES THAT MEAN? WHAT DOES THAT MEAN? YOU. WE NEED TO DEFINE THAT IN A WAY THAT'S ENFORCEABLE. WITH DUE RESPECT, IT'S ARGUING NOW, NOT THE COMING UP WITH SUGGESTIONS. NO, SO, THAT'S THE SOLUTION. ALL RIGHT. IT'S NOT ARGUING. SO, IF WE GET THE DOC MASTER, WE GET SOME TYPE OF SECURITY GUARD ASSURED THAT'LL BE OUTSIDE THERE AT NIGHT, THAT WILL NOT INTERFERE. I THINK THAT THAT'S AN EASY SOLUTION, AND THAT'D BE IN THE BEST INTEREST OF THE WALDORF ALSO. I DON'T SEE THAT BEING AN UNREASONABLE REQUIREMENT. AND I JUST WANT TO BE REALLY CLEAR. SO, WE ARE NOT, ARE WE DEFINING THE TIME FOR THE SPECIAL EVENTS? I KNOW YOU SAID THAT YOU'RE GOING TO HEAR WHAT THE MOTION IS IN A MINUTE. WE'RE DONE. WE'RE DONE. OKAY, THANK YOU. EASON, WE'RE DONE. OKAY. THANK YOU. OKAY, I'D LIKE TO MAKE A MOTION, IF THAT'S OKAY, MR. CHAIR. I'D LIKE TO MAKE A MOTION TO APPROVE, THE MODIFICATION TO THIS COP, SUBJECT TO OUTDOOR ENTERTAINMENT HOURS AND OPERATION VENUES, BEING CONTINUED TO NEXT MONTH'S MEETING. ADDITIONALLY, AS PART OF THE APPROVAL, THERE SHALL BE 24/7, WHETHER IT'S SECURITY, AND OR, YOU KNOW, BUILDING, I GUESS, MANAGEMENT ON BOTH THE 22ND AND 23RD STREET, STREETS, JUST MAKING SURE THAT CARS ARE CONTINUOUSLY, YOU KNOW, NOT QUEUING IN THE STREET AND MOVING THROUGH, IN ADDITION TO WORKING WITH THE CITY TO FIGURE OUT WHAT CAN BE DONE ON THE 22ND STREET SIDE TO IMPROVE THE TRAFFIC FLOW, WHILE ALSO WORKING TOWARDS SOME TYPE OF CAP TO THE SPECIAL, SPECIAL EVENTS PERMITS, AND THE HOURS THAT WILL, I GUESS, EXTEND BEYOND 10 P.M. MAY I ASK A QUESTION TO CLARIFY? YOU SAY THAT THAT IS THE OUTDOOR ENTERTAINMENT. THE VENUES ARE BEING, WOULD BE APPROVED. IT'S THE ENTERTAINMENT THAT WOULD COME BACK CORRECT. AT THOSE VENUES. SPECIFIC TO THE POOL DECK AND THE NEW BEACHFRONT RESTAURANT. AND THE HOURS. THEY'RE NOT BEING APPROVED. THE HOURS AND ENTERTAINMENT. WE'RE NOT IMPROVING THE OPERATION. YEAH, BUT THE WE'RE APPROVING THE SPACES, BUT NOT THE HOURS OF OPERATION. BUT NOT THE HOURS. WE'RE GOING TO DEFER THAT. NOT THE HOURS. WE'RE GOING TO DEFER THAT TILL NOVEMBER. NOT THE VOLUME, NOT WHAT WE, NOT THE MUSIC. FOR THE POOL, THE ONLY ONES THAT, THAT THE STAFF WAS REFERRING TO ARE THE POOL IN THE NORTHEAST CORNER. THOSE ARE THE ONES WELL. WOULD BE OUTDOOR. [02:50:01] IS THERE ANY OTHER OUTDOOR SPACE? IF I COULD, YES, THERE IS. IF I COULD JUST MAKE A CORRECTION, THERE'S ALSO OUTDOOR ENTERTAINMENT PROPOSED FOR THE COLLINS AVENUE SIDE RESTAURANT, WHICH IS, WAS MR. CHOW'S. SO, THAT WAS ALSO INCLUDED, BUT NO, THEY HAVE AN OUTDOOR ENTERTAINMENT COMPONENT FOR THAT VENUE AS WELL. YEAH, ANYTHING OUTDOORS ANYTHING. WE'RE GOING TO DEFER. JUST OUTDOORS MUSIC. THE ENTERTAINMENT COMPONENT. YES. ALL RIGHT, FINISH YOUR MOTION. BUT I MAY, IF I, IF I MAY, THOUGH, THAT'S MY MOTION. IF I MAY, COUPLE OF THINGS, JUST TO CLARIFY. THE, THE MR. CH THE FORMER MR. CHOW'S SPOT, THAT IS NOT, THAT'S FACING THE CITY PARK AND COLLINS AVENUE AND NO RESIDENTIAL. SO, IT, SO, AND THE SAME WITH, EVEN THE PEACOCK ALLEY. I THOUGHT THE WHOLE FOCUS AND ALL THE DISCUSSION WAS ON THE POOL DECK AND THE NORTHEAST CORNER. SO, I WOULD REQUEST THAT IT BE LIMITED TO THAT WE WILL REVIEW, THAT AND COME BACK FOR APPROVAL, THE ENTERTAIN OUTSIDE ENTERTAINMENT AND HOURS OF OPERATION FOR THOSE AREAS, BUT NOT THE ONES THAT ARE FACING SOUTH. YES. UP TO THE MOTION, IT'S UP TO THE MOVEMENT. SO, CAN WE WHEN I MADE MY MOTION, I, THE ONLY AREAS THAT I HAD IN MIND WERE THE NEW BEACHFRONT RESTAURANT AND THE POOL DECK. OKAY, THAT'S YOUR MOTION. THOSE WERE THE 2 AREAS THAT WERE IMPACTING THE RONEY RESIDENTS, AND THAT'S WHAT I WAS FOCUSED ON. MAY I ONE MORE TECHNICAL CLARIFICATION, IF I MAY, FOR MR. SAMET'S MOTION? ON THE VALET PARKING CONDITION, AS SECTION 14B, WHERE IT CURRENTLY SAYS THE NUMBER OF RUNNERS DURING THE AM PEAK PERIOD, AM PEAK, IT SHOULD SAY AFTER A, INSTEAD OF AM PEAK, IT SHOULD SAY AM PEAK DEMAND PERIOD, AND THAT SHOULD BE REPEATED THROUGHOUT IN THE NEXT LINE, DURING THE AM PEAK DEMAND PERIOD. IN OTHER WORDS, THE DEMAND PERIOD IS NOT GOING TO BE, YOU KNOW, RUSH HOUR, IN THE MORNINGS. AND THEN FINALLY, WE WOULD REQUEST THAT A SENTENCE BE ADDED AT THE END OF THAT SECTION SAYING, LIKEWISE, IF IT IS DETERMINED THAT VALET PROCESSING TIMES CAN BE PERFORMED MORE EFFICIENTLY OR ACTUAL TRAFFIC VOLUMES ARE LOWER THAN PROJECTED, A REDUCED NUMBER OF VALET ATTENDANTS MAY BE ADEQUATE TO SERVE THE SITE, PROVIDED THAT A SUFFICIENT NUMBER IS PROVIDED TO ENSURE THAT THE VALET QUEUE IS CONTAINED ON SITE AND DOES NOT OBSTRUCT PUBLIC RIGHT OF WAY AT ANY TIME. I MEAN, I THINK THAT I IN THEORY MAKES SENSE, BUT I WOULD WANT IT TO GO THROUGH STAFF AND GET A FORMAL APPROVAL OF THAT, BECAUSE IT MAY BE, YOU KNOW, THERE MAY BE SOME PLAN WHERE, YOU KNOW, IN THE DEAD OF THE SUMMER, YOU DON'T NEED 26, YOU CAN DO, YOU KNOW, 18. AND, AND YOU SUGGESTED THERE SHALL BE NO QUEUING IN THE PUBLIC RIGHT-OF-WAY. RIGHT. AND, BUT THAT CONDITION THAT WE'RE ASKING ABOUT HAS BEEN APPROVED BY STAFF AND OTHER. IN OTHER WORDS, THE BIG THING IS WE DON'T NEED TO NECESSARILY HAVE 26 VALETS. RIGHT, IF YOU DON'T NEED IT. SO, THERE IS HOLD ON, STOP. THEN YOU WOULD, THE, THE APPLICANT WOULD SUBMIT AN EVALUATION TO THE STAFF, PRIMARILY THE CITY'S TRANSPORTATION DEPARTMENT. THEY WOULD EVALUATE THAT NUMBER AND COULD APPROVE A REDUCTION, BUT IT WOULD NEED TO BE SUBMITTED AND APPROVED BY AND THEN THAT'S FINE. BY THE CITY. SURE. AND THEN IF THERE IS QUEUING IN THE PUBLIC RIGHT-OF-WAY'S, INCLUDING ON, YOU KNOW, COLLINS AND ANY OF THOSE SIDE STREETS, THAT WOULD ALSO REQUIRE YOU TO COME BACK IN FRONT OF THE PLANNING BOARD. CORRECT. CAN I ADD A FRIENDLY AMENDMENT, WHICH IS THAT KIND OF WHAT, THEY WERE SAYING, ADDING A CONDITION, MAKING IT CLEAR HERE BASED ON THEIR REPRESENTATION THAT THERE SHALL BE NO GENERAL INGRESS AND EGRESS, ON 23RD STREET, YOU KNOW, BY MEMBERS AND GUESTS. I MEAN, I CAN PLAY WITH THE LANGUAGE, BUT I MEAN, WE IS, WE USE THAT FOR, SERVICES FOR THE HOTEL. RIGHT, I MEAN FOR THE MEMBER, FOR THE CLUB. TALKING ABOUT THE WHOLE ISSUE ABOUT THE VIP. THE VIP, JUST, JUST PUTTING IT IN THE ORDER, WHAT YOU'RE SAYING TO US, WHICH IS IT'S ONLY FOR YOUR DESIGNATED ULTRA YEAH. DIGNITARIES. YES. YEAH. SO, SURE. CAN I ASK A CLARIFICATION, BECAUSE I REALLY LIKED IT, BUT IT'S, WE'RE GOING TO ADD TO THE CUP THAT YOU'RE REQUIRED ON THE 23RD STREET TO HAVE 24 BY 7 SECURITY, AND IT'S YOUR RESPONSIBILITY TO MAKE SURE THERE'S NO PROBLEMS ON THAT STREET. YEP. YES. WE AGREE. WHICH, BY THE WAY, IS GOOD FOR THE RONEY RESIDENTS TOO, TO HAVE SECURITY. WELL, YEAH. ABSOLUTELY, BECAUSE I HEARD THEY'RE BEST PRACTICE FOR THE WALKING AROUND THERE. I WANT SO, I I'LL, I'M ACCEPTING JONATHAN'S FRIENDLY AMENDMENT, AND THEN JUST ONE MORE THING BEFORE I CLOSE THE MOTION, MAKING SURE THAT, AND THIS IS, I THINK, CURTIS'S, RECOMMENDATION THAT THERE SHOULD BE ANNUAL SOUND TESTING, WHICH I'M NOT SURE HOW CITY STAFF WOULD SUGGEST WHETHER THAT'S SO SUBMITTED OR WE HAVE A CODE REQUIREMENT FOR AN ANNUAL PROGRESS REPORT FOR ALL OF THE CUPS NOW GOING FORWARD, SO, I MEAN, WE COULD CERTAINLY, AS PART OF THAT PROGRESS REPORT, ALSO EVALUATE THEIR EXISTING SOUND. [02:55:01] THEIR SOUND. OKAY. IT'S TRUE. AND, AND FROM THE RONEY, I GUESS, RESIDENTS, YOU KNOW, SOMETHING FROM THEIR PROPERTY. FROM THEIR PROPERTY. RIGHT. GOOD. JUST ONE ALL RIGHT. WE HAVE A MOTION. CLARIFICATION. SPECIAL EVENTS, DID YOU, WHAT DID YOU SAY? I PUT THAT IN THERE, THAT, IN OTHER WORDS, AS PART OF THE, YOU KNOW, AS PART OF THE DISCUSSION THAT WOULD HAPPEN AT NEXT MONTH'S MEETING, WE'LL TALK. THEY COME BACK WITH SOME TYPE OF LIMIT OR SOME TYPE OF CLARIFICATION OKAY. ON HOW MANY SPECIAL EVENTS THEY CAN OKAY, SO, WE'RE NOT A WE'RE NOT APPROVING I'M DECIDING ON THE TIME RIGHT NOW. LIKE THE NUMBER OR TILL 2 AM NOW. CORRECT, CORRECT. THAT WOULD BE NEXT MONTH. FINISHED? FINISHED. ALL RIGHT. DO WE HAVE A SECOND ON THAT MOTION? PLEASE, SOMEONE. I'LL SECOND IT. OKAY. I LIKE THAT. ALL RIGHT, ROLL CALL, PLEASE. AND BY THE WAY, I WANT TO MAKE SURE STAFF GOT ALL OF THE AMENDMENTS. SUGGESTED AMENDMENTS. ALL THE THINGS WE TALKED. YES. OKAY. I THINK THEY WERE ALL VERY CLEAR. MISS BEATTIE? YES. MR. CEMENT? YES. MR. MARKS? YES. MR. NADLEMAN? YES. MR. FRIEDEN? YES. AND MR. ELIAS? YES. THANK YOU VERY MUCH FOR THE TIME. ALL RIGHT, GUYS. [12. PB26-0855 A.K.A. PB06-0075 A.K.A. PB0616-0031 A.K.A. PB 2320, 605 WASHINGTON AVENUE.] FOR THE TIME. APPRECIATE IT. THANK YOU, ALL THE NEIGHBORS, FOR PARTICIPATING. KENT, THANK YOU. THANK YOU. AS ALWAYS. ALL RIGHT. NEXT PREVIOUSLY APPROVED PROJECT MODIFICATION, PLANNING BOARD FILE 260855, 605 WASHINGTON AVENUE. THIS IS AN APPLICATION HAS BEEN FILED REQUESTING MODIFICATIONS TO A PREVIOUSLY ISSUED CONDITIONAL USE PERMIT TO CHANGE THE OWNER OPERATOR. THE GOOD TIME HOTEL PROPERTY. I'M SORRY, CAN YOU GUYS TAKE THE DISCUSSIONS OUTSIDE? YEAH, LET'S GIVE A MINUTE FOR, LET'S TAKE A MINUTE. ALL RIGHT, HERE WE GO, STAFF. PROPOSED REVISION TO CONDITION 3 CLARIFIES THE PROCESS FOR TRANSFERRING FUTURE OWNER APPROVALS, REQUIRING AN AFFIDAVIT AND A PROGRESS REPORT RATHER THAN A FULL MODIFICATION APPLICATION WHENEVER OWNERSHIP OR OPERATOR CHANGES OCCUR. SINCE THE LAST PLANNING BOARD HEARING FOR THIS PROPERTY IN JANUARY 2025, ONE VIOLATION HAS BEEN ISSUED FOR A PROMOTER PROMOTING EVENTS WITHOUT A BTR AND 7 NOISE COMPLAINTS WERE INVESTIGATED, EACH RESULTING IN NO VIOLATION FOUND. STAFF IS RECOMMENDING APPROVAL OF THE APPLICATION, AND WE ARE AVAILABLE FOR ANY QUESTIONS. SHOULD BE AN EASY ONE FOR YOU, MICKEY. GO AHEAD. IT'S NICE TO BE HERE ON THE, FIRST OF ALL, MICKEY MARRERO, 200 SOUTH BISCAYNE BOULEVARD. WITH ME TODAY, JIMMY SHANDOR WITH THE GOOD TIME HOTEL IN HIGHGATE. STOP ME ONE SECOND SO, I DON'T FORGET. ANY DISCLOSURES ON THIS ONE? NO. SO, I GUESS TO YOUR POINT, IT'S GREAT TO BE HERE ON THE GOOD TIME HOTEL AND IT NOT BE A CRISIS, BUT AS YOU, AS YOU ALL HAVE SEEN, THINGS HAVE EVOLVED SIGNIFICANTLY AT THIS PROPERTY. WE'RE HERE ACTUALLY IN AN INTERIM BASIS. PROPERTY WAS TAKEN OVER BY THE LENDER, WHO WE REPRESENT AS WELL. THEY MAINTAINED THE EXISTING MANAGEMENT, WHICH JIMMY'S WITH, AND A YOU KNOW, THANKFULLY WE HAD A LOT OF EXCITEMENT WITH THIS PROPERTY FOR MANY YEARS. THAT ALL HAS COME DOWN. IF, YOU LOOK AT THE STAFF REPORT, THERE WERE OVER THE LAST 2 YEARS A HANDFUL OF NOISE COMPLAINTS, BUT ALL OF THEM, THE UN UNLIKE WHAT WAS HAPPENING BEFORE, THE OFFICERS WENT TO THE SITE AND EITHER THEY COULDN'T EVEN CONTACT THE COMPLAINANT, OR THEY DETERMINED THAT THERE WAS NO NOISE, OR THEY DETERMINED THAT IT CAME FROM SOMEWHERE ELSE. THERE WAS NEVER A VIOLATION ISSUED IN FOR NOISE FOR ALL THESE YEARS, AND THANKFULLY, WHAT YOU, WHAT WE'VE HEARD FROM SOME OF OUR FRIENDS NEARBY IS THAT THE OP THE HOTEL HAS BEEN OPERATING IN A RESPONSIBLE WAY AND HAS NOT BEEN AN ISSUE. AGAIN. SO, THE LENDER OWNS IT NOW? CORRECT. OKAY, WHAT'S THE PLAN? WELL, I'LL BE BACK, PROBABLY BE BACK BEFORE YOU IN A FEW MONTHS. THEY ARE OP THE LENDER IS NOT THE ULTIMATE OWNER HERE. OF COURSE. THEY TOOK IT OVER AS PART OF THE, YOU KNOW, THE FINANCIAL ISSUES THAT THE PRIOR OWNER WAS HAVING. BY DEFAULT, THIS YES. HAS TO COME BEFORE US FOR THE CHANGE OF OWNERSHIP. CORRECT. ALL RIGHT, BUT YOU'LL BE COMING BACK WITH A NEW OWNER AT SOME POINT? THERE IS GOING TO BE A NEW OWNER, AND THAT'S ALL I CAN SAY AT THIS POINT, BUT THERE WILL BE A NEW OWNER EVENTUALLY, AND I ASSUME I'LL BE BACK ON THAT, AND THEN WE'LL HAVE A WHOLE PLAN OF HOW IT'S GOING TO EVOLVE. BUT FOR NOW, IT'S JUST REALLY A PAPERWORK ISSUE. YEAH, YEAH, GOT IT. CHANGE HANDS. JUST OUT OF CURIOSITY, WHEN THERE IS A NEW OWNER, DO THEY INHERIT THE CUP, THE GOOD TIME OUT, OR THEY HAVE TO YES. APPLY FOR A NEW ONE? THEY DO NOT NEED TO APPLY FOR A NEW ONE. THEY NEED WE, THEY CURRENTLY THEY HAVE, ARE REQUIRED TO HAVE A MODIFICATION OF THE CUP RIGHT. TO CHANGE THE OWNER'S NAME, BUT FOR FUTURE, CHANGE IN OWNERSHIPS, IT WOULD BE A PROGRESS REPORT INSTEAD OF A FULL-BLOWN MODIFICATION. BECAUSE OF THE CHANGE OF OWNERSHIP? YES. OKAY. AND IT MAY BE, MR. CHAIR, THAT WHEN WE, IF WHETHER ME OR SOMEONE ELSE, YEAH. WELL, MAYBE ME, BUT WE COME BACK ON THIS, THAT NEW OPERATOR WILL HAVE PROPOSED CHANGES, SO, WE MAY RIGHT. OKAY, I GET, I GET. I JUST DIDN'T, I WANT TO KNOW THE PROCEDURE. BUT THERE REALLY IS NO CHANGE HERE. I GET IT. THE OPERATOR THAT'S BEEN HANDLING IT WELL IS STILL ON BOARD, THE MANAGEMENT COMPANY. HE'S HERE IF YOU HAVE ANY QUESTIONS. ANYBODY ELSE IN CHAMBERS SPEAK NEITHER, ANYONE ON? OKAY. ANY QUESTIONS OR 601 WASHINGTON, OWNER, THAT'S THE GOING TO BE THE NEW OPERATOR OR THE LENDER? THAT'S THE WHAT HE IN OTHER WORDS, THE STAFF, REPORTS IS THE APPLICANT, 601 WASHINGTON OWNER IS THE NEW OWNER OPERATOR. IS THAT A TYPO? IN MY LOOK. IT ACTUALLY, THAT'S THE PRIOR OWNER, [03:00:01] PRIOR OWNER. WELL, THE WHO'S THE CURRENT? UNDER THE STAFF, ON STAFF ANALYSIS, IT SAYS THE APPLICANT 601 WASHINGTON OWNER LLC. IT'S A NEW OWNER. AND THAT WAS, I BELIEVE THAT'S THE PREVIOUS OWNER. CORRECT. SO THAT'S A TYPO. THAT'S CORRECT, CORRECT. SO THAT'S A SO THAT'S A MISSTATEMENT. OKAY. DREAM DREAMSCAPE IS THE PREVIOUS OWNER, CIM IS THE LENDER AND CURRENT OWNER. OKAY. CAN I SO, THE CHANGE, THE CHANGE IS CIM. YES, CIM OKAY. IS THE, IS THE LENDER. I THINK THAT WAS IN OUR APPLICATION RIGHT. FORMS, BUT IF WE JUST MAKE THAT CORRECTION, DEBBIE, ON THAT ORDER. OKAY, AND THEN YOU'LL COME BACK WHEN THERE'S AN ULTIMATE NEW OWNER. CORRECT. OKAY. CAN I ASK CLARIFICATION? SO, THIS IS A, THIS IS A PROGRESS REPORT NOW, OR THIS IS THIS IS CHANGE OF RIGHT, BUT, BUT THE CHANGE OF OWNERSHIP, RIGHT, BUT I GUESS MY CONCERN IS, WE'RE, IF YOU HAVE, ONE OF THE REASONS WHY WE GAVE A LOT OF LEEWAY WITH ENTERTAINMENT AND ALL THAT WAS BECAUSE OF THE PRIOR OWNER OPERATORS AND, AND, YOU KNOW, WHO THEY WERE AND, AND THEIR STATURE IN THE COMMUNITY AND THEIR PROMISES MADE AND ALL THAT. I MEAN, SO, NOW WE'RE SORT OF SAYING WE'RE JUST, YOU KNOW, BLANKET APPROVING THESE TIMES, YOU KNOW, WITH ALL THIS ENTER OUTDOOR ENTERTAINMENT AND ALL THAT. WE DON'T REALLY KNOW TOO MUCH ABOUT THIS, AND WE'RE JUST KIND OF HANDING OVER THE KEYS TO SOMEBODY ELSE. YES AND NO, BECAUSE THE MANAGEMENT COMPANY THAT WAS MANAGING IT, THAT THAT HAS SUCCESSFULLY MANAGED IT WITHOUT ANY ISSUES, THAT'S WHO JIMMY WORKS FOR. THEY'RE STILL IN PLACE. IT'S JUST THE TITLE OWNER OF THE PROPERTY HAS CHANGED BECAUSE OF THE DEFAULT. SO, IT'S A NEW OWNER. THEY'RE ALREADY MOVING TO, TRANSFER THE PROPERTY TO AN ULTIMATE HOTEL OPERATOR, BUT THE MANAGEMENT COMPANY, HIGHGATE, THAT WAS RUNNING THE HOTEL IS STILL IN PLACE, SO. RIGHT, BUT THAT CHANGES IF THEY GET LET GO AND, AND THERE'S A NEW MANAGEMENT COMPANY. AND WE WOULD, EITHER WAY, WHEN, WHEN THE PROPERTY CHANGES HANDS, WHETHER THEY GOT TO COME BACK. WE'LL HAVE TO COME BACK ANYWAY. WE, THIS IS JUST, WE HAVE TO COME BACK WHEN THERE'S A NEW OWNERSHIP. SO, WE HAVE, YOU KNOW, IT'S SOMETHING WE'RE REQUIRED TO DO. THERE'S NO DIFFERENCE HERE. THIS IS SEEMINGLY JUST PROCEDURAL. BEFORE AND ALL RIGHT. YEAH, THIS IS PROCEDURAL. NEXT TIME THEY COME, THEY'LL WANT TO MODIFY OR WHATEVER, THEN WE'LL MORE ANALYZE THE CUP. ALL RIGHT, ANY OTHER QUESTIONS? SOMEONE WANT TO MOVE IT? [13. PB26-0865, 501 72ND STREET.] MOTION TO APPROVE. OKAY. SECOND. OKAY, ALL IN FAVOR? AYE. ANYONE OPPOSED? ARE YOU IN FAVOR? I'M IN FAVOR. OKAY, SO, IT'S UNANIMOUS. THANK YOU. THANK YOU ALL. WE'LL SEE YOU AGAIN IN A FEW WEEKS, HOPEFULLY. NEW APPLICATIONS FILED PLANNING BOARD 260865501 72ND STREET. APPLICATION HAS BEEN FILED REQUESTING THE REVIEW OF PRIVATE OR JOINT GOVERNMENT PRIVATE USES IN THE GU GOVERNMENT USE ZONING DISTRICT, INCLUDING AN ALCOHOLIC BEVERAGE ESTABLISHMENT. THIS APPLICATION IS FOR THE MIAMI BEACH TENNIS CENTER AT NORTH SHORE PARK. IN 2023, THE CITY COMMISSION APPROVED A MANAGEMENT AGREEMENT WITH VAN DALEN TENNIS TO OPERATE THE TENNIS CENTER, INCLUDING A CAFE, AND EARLIER THIS YEAR THE AGREEMENT WAS AMENDED TO INCLUDE BEER AND WINE SERVICE AT THE CAFE. PRIVATE OR JOINT GOVERNMENT PRIVATE USES IN THE GU ZONING DISTRICT REQUIRE REVIEW BY THE PLANNING BOARD PRIOR TO APPROVAL BY THE CITY COMMISSION, AND THE APPLICANT IS REQUESTING A FAVORABLE RECOMMENDATION FOR THE INTRODUCTION OF AN ALCOHOLIC BEVERAGE ESTABLISHMENT AS PART OF THE TENNIS CENTER CAFE. THE PROPOSED INTRODUCTION IS CONSISTENT WITH THE MANAGEMENT AGREEMENT, AND STAFF RECOMMENDS THE BOARD TRANSMITS A FAVORABLE RECOMMENDATION TO THE MAYOR AND CITY COMMISSION. SO, THE APPLICANT'S THE CITY? IT'S OR THE OPERATOR. WE HAVE A PRIVATE OPERATOR FOR THE TENNIS CENTER, INCLUDING THE CAFE. THEY ARE HERE TODAY, IF YOU'D LIKE TO HEAR FROM THEM. I WAS WONDERING WHAT YOU WERE HERE FOR, SO. DEFINITELY NOT. I SHOULD HAVE SEEN YOU IN THE MIAMI BEACH TENNIS SHIRT. YEAH, SO, JUST A LITTLE BACKGROUND ON MYSELF. MY NAME IS LORI NIEDER. I'VE BEEN A RESIDENT OF MIAMI BEACH FOR 20 YEARS. I STARTED RUNNING THE TENNIS CENTER ABOUT 10 YEARS. I DON'T EVEN PLAY TENNIS. I JUST REALLY WANTED TO IMPROVE THE QUALITY OF TENNIS, AND MY SON PLAYED. AND THIS IS THE NORTH BEACH CENTER? YEAH. OKAY. WE RENAMED IT. WE CALLED IT THE MIAMI BEACH TENNIS CENTER. WE'VE COMPLETELY REVOLUTIONIZED WHAT'S THERE. I DON'T KNOW IF ANY OF YOU GUYS PLAY TENNIS. NO, IT'S AWESOME, YEAH. IT USED TO BE THIS REALLY RUNDOWN PLACE THAT WAS I DON'T, BUT IT'S INCREDIBLE TO SEE. LIKE, I PLAYED BASEBALL THERE WITH MY SON. YEAH, SO, YOU GUYS DONE AN INCREDIBLE JOB. IT'S AMAZING WHAT WE'VE DONE, AND WE RIVAL FLAMINGO NOW. EVERYBODY SAID, WHY WOULD YOU DO THAT? AND I LIVE IN NORTH BEACH, SO, I THOUGHT WE DESERVED SOMETHING BETTER. I STARTED A PROJECT IN 2014 TO GET BATHROOMS AT THE TENNIS CENTER. SO, WAIT, YOUR ROLE, ARE YOU WITH THE OPERATOR? I AM THE OPERATOR. YOU ARE THE OPERATOR. I AM THE OPERATOR. OKAY, BUT YOU DON'T DO FLAMINGO, JUST NORTH. NO, NO, NO, NO. I'M JUST SAYING FLAMINGO GOT IT. USED TO BE WHERE EVERYBODY WANTED TO PLAY. YEAH, YEAH, YEAH, YEAH. GOT IT. KIND OF CREATED SOMETHING NICE. BUT IN 2014, I RECOGNIZED THERE WERE NO BATHROOMS, MAINLY FOR THE BASEBALL PATRONS. AND I CAME UP WITH THIS IDEA TO TAKE THIS HITTING WALL AREA THAT WE HAD, AND CONVERT IT TO BATHROOMS FOR THE PARTICIPANTS OF THE PARK, AS WELL AS WE HAD SOME EXTRA SPACE. I SAID, LET'S BUILD A CAFE. EVERYBODY IN EUROPE HAS A NICE CAFE, GRAB A CUP OF COFFEE, YOU KNOW, WHY NOT ELEVATE IT? ALL THE NEW PADDLE FACILITIES, THEY HAVE A SOCIAL ELEMENT, AND AS YOU PROBABLY KNOW, NORTH BEACH IS REALLY TAKING A STEP UP, AND WE JUST WANT TO CONTINUE ALONG THOSE LINES. I DON'T WANT TO SERVE HARD ALCOHOL. WE HAVE A LOT OF SPECIAL EVENTS THAT COME IN, [03:05:01] WE HAVE, EVENTS DURING ART BASEL, EVENTS DURING MIAMI OPEN. WE HAVE TO KIND OF CONTRACT AN OUTSIDE CATERER IN ORDER TO LET THESE, GROUPS HAVE A BEER OR SOMETHING ALONG THOSE LINES, NOTHING HARD. BUT AS I'M GOING TO DO THIS CAFE, WE THOUGHT IT WOULD BE A LOT MORE SIMPLISTIC IF WE COULD HAVE THE BEER AND WINE LICENSE SO, THAT WHEN WE HAVE THESE EVENTS, WE DON'T HAVE TO CONTRACT ANYBODY OUTSIDE. THE GOLF COURSES HAVE HAD HARD ALCOHOL FOR YEARS. THE BANDSHELL HAS FOR A YEAR. I'M A MOM, I'M A RESIDENT, I'M NOT LOOKING TO BRING IN SOMETHING THAT'S TOTALLY WILD. OUR OPERATING HOURS, WE CLOSE AT 5 ON THE WEEKENDS, SO, WE'RE NOT EVEN TALKING ABOUT ANYTHING, YOU KNOW, WILD OR BOISTEROUS. DURING THE WEEK, THE PARK CLOSES AT 9, WE CLOSE AT 8. SO, IT'S JUST AN ACCESSORY TO KIND OF BRING IT UP. PADDLE SPORTS HAVE INCREASED 50% SINCE COVID, WHAT'S OVER THERE? YOU HAVE TENNIS, YOU HAVE PICKLE? TENNIS AND PICKLEBALL, THAT'S IT. NO PADDLE. AND WE'RE A CLOSED IN, FACILITY, SO, YOU KNOW, WHEN THE DOORS CLOSE, THE DOORS CLOSE. AND WE ALSO, I LOBBIED FOR A VERY LONG TIME TO GET A 1,000 SQUARE FEET PATIO OVERLOOKING THE TENNIS COURTS, SO, WE REALLY DO WANT TO TAKE THIS UP TO THE NEXT LEVEL AND MAKE IT SOMETHING THAT PEOPLE CAN COME. I HAVE AN IRRELEVANT QUESTION. HOW DOES THE PARTNERSHIP WORK WITH THE CITY? DO YOU JUST PAY RENT LIKE A TENANT? I PAY RENT AND I PAY A PERCENTAGE OF MY REVENUE. YOU DO? OKAY, SO, IT'S BOTH. IT'S BECOME MUCH MORE LUCRATIVE FOR THE CITY. SO, THE CITY ARE YOU THE ONE THAT SELLS THE ICE CREAM THERE, ICE CREAM AND ICES? I DO EVERYTHING. I HAVE LOTS OF THAT'S JUST PHENOMENAL. I HAVE THE HIGH SCHOOL KIDS COME, AND I MY SON'S HIGHLIGHT. GIVE THEM A JOB, AND, YOU KNOW, I DO THIS AS A MOM. I DID, I'M NOT A BUSINESS, YOU KNOW, I'M NOT AND HOW LONG IS YOUR CONTRACT WITH THE CITY? WELL, AS PART OF THE CAFE, I, BECAUSE I'M INVESTING MYSELF AS WELL, I ASKED THEM TO NOT GO OUT TO BID AGAIN. I'VE BEEN DOING THIS FOR 10 YEARS, AND THEY GAVE ME AN EXTENSION, FOR ANOTHER 7 YEARS ONTO MY CONTRACT. SO, I REALLY, YOU KNOW, I LOVE THIS COMMUNITY. I DON'T HAVE KIDS IN THE COMMUNITY ANYMORE, BUT I THINK OF MYSELF AS, YOU KNOW, JUST AN AMBASSADOR TO THE COMMUNITY THAT HAPPENS TO RUN A TENNIS CENTER, SO. WELL, IT SOUNDS LIKE YOU'RE DOING A GOOD JOB, AND I'M SORRY YOU HAD TO SIT THROUGH ALL THE LAST 3 HOURS TO MAKE YOUR POINT. IT'S OKAY, IT'S OKAY. NOT EVERYBODY WANTS IT. I MADE A NICE YEAH. FRIEND HERE, SHE DOESN'T WANT IT, SO. DO YOU WANT TO SPEAK ON HER BEHALF? NOT ON MY BEHALF. SHE'S, I SAID, WHAT ARE YOU HERE FOR? I'M KIDDING. SHE SAYS, I'M HERE TO OPPOSE THIS. I SAID, OKAY, GREAT. YOU ARE? YEAH. AND WE SAT THERE FOR 3 HOURS. YOU WERE JOKING. SHE'S DOING A GREAT JOB. MY NAME IS KATRINA KUPSKA. I LIVE BY 71ST STREET IN NORTH BEACH. I WOULD CALL IT LIKE THE CITY'S, STEPCHILD NEIGHBORHOOD, YOU MAY SAY, BUT, NOT FOR LONG, NOT FOR LONG. HOPEFULLY. SO, ALL I WANTED TO SAY, I HAVE 3 QUESTIONS, ACTUALLY. I WANTED TO ASK THE DECISION MAKERS, WHAT IS YOUR BROADER VISION FOR THIS COMMUNITY, RIGHT? DO YOU SUPPORT SOULFUL LIVING, WELLNESS, HEALTH, WELLBEING, OR DO YOU SUPPORT DRUNKEN LIVING AND MORE GLUTTONY, RIGHT, REGARDING ALCOHOL SALES? WHY ARE THEY MUTUALLY EXCLUSIVE? WELL, WHAT DO YOU PR WHAT DO YOU GIVE THE PRIORITY, RIGHT? ALL I WANT TO SAY THAT IF YOU ACTUALLY GO ON GOOGLE MAP AND SEARCH FOR GYMS OR YOGA STUDIOS THAT ARE PUBLICLY ACCESSIBLE IN THIS PART OF TOWN, DO YOU KNOW HOW MANY YOU'LL FIND? CLOSE TO ZERO. NO, I UNDERSTAND THAT, BUT IF THEY, YOU ALLOW THEM TO SERVE ALCOHOL, WHY DOES THAT EXCLUDE THE ABILITY OF BECAUSE THERE IS SO, MANY OTHER WAYS TO GENERATE INCOME OTHER THAN ALCOHOL SALES. THERE IS SO, MANY OTHER SPOTS AROUND, THERE'S SO, MANY SPOTS AROUND THAT YOU CAN GO AND HAVE YOUR BEER AND HAVE YOUR WINE AFTER YOUR WORKOUT. BUT SINCE IT'S A SPORTS COMPLEX, WHY DO YOU WANT TO BRING ALCOHOL AND ALCOHOL TO SALES COMPLEX? HOW DO YOU INFLUENCE THE YOUTH? WHAT DO YOU PROMOTE? WHAT KIND OF LIFE, WHAT KIND OF LIVING DO YOU PROMOTE? YOU CAN SELL SO, MANY OTHER THINGS TO, YOU KNOW, COFFEE, JUICES, HEALTH. LET'S FOCUS ON HEALTH. WE DON'T NEED ALCOHOL EVERYWHERE, ESPECIALLY NOT IN A SPORTS COMPLEX, RIGHT? LET'S PROVIDE YOGA CLASSES, DANCE CLASSES. THERE'S SO, MANY OTHER WAYS TO MAKE MONEY. YOU DON'T HAVE TO SELL ALCOHOL IN A SPORTS COMPLEX. THERE IS SO, MANY PLACES AROUND THAT SELL ALCOHOL. I UNDERSTAND THE EVENTS, AND CATERING IS NOT SO, BAD IF YOU HAVE TO HAVE CATERING ONCE IN A WHILE FOR AN EVENT, IT'S NOT SUCH A BIG DEAL, BUT YOU CAN MAKE MONEY IN SO, MANY OTHER WAYS, YOU KNOW, YOU DON'T HAVE TO. ALL RIGHT, YOU DON'T NEED TO ARGUE WITH HER, JUST, THANK YOU. NO, I APPRECIATE IT. GET HER POINT. OKAY, I APPRECIATE IT. ANYBODY ELSE IN CHAMBERS TO SPEAK ON THIS? IS THERE ANYBODY ON ZOOM? OKAY, JUST I'M GOING TO START WITH A COMMENT. I, I APPRECIATE YOUR COMMENTS. I DON'T, AGAIN, I DON'T THINK THEY'RE MUTUALLY EXCLUSIVE. I THINK YOU CAN EMPHASIZE WELLNESS WHEN YOU WANT, BUT I DON'T THINK SERVING ALCOHOL LIKE A BEER OR WINE TO A TENNIS PLAYER AFTER IS GOING TO, YOU KNOW, CORRUPT OUR CHILDREN. THIS IS MY OPINION, BUT I DO APPRECIATE WHAT YOU SAID, AND I, YOU KNOW, I AGREE THERE SHOULD BE WELLNESS, AND THERE IS WELLNESS, AND I JUST DON'T THINK THEY COMPETE WITH EACH OTHER, BUT I DO RESPECT WHAT YOUR OPINION WAS. ANYWAY, ANY OTHER QUESTIONS OR COMMENTS? I'M A FAN OF BEER, MY WIFE LOVES WINE, SO, I, [03:10:01] I GUESS I'M FOR. OKAY. YEAH, NO, I THINK WHAT SHE, WHAT SHE'S DOING UP THERE IS GREAT AT THAT FACILITY. BUT TO YOUR CONCERN, I MEAN, ONE THING I'D LIKE TO SEE IN HERE, I KNOW THE, YOU KNOW, YOU SHOW THE HOURS TILL 8 P.M. MONDAY TO FRIDAY AND 5 P.M. WEEKENDS. I'D LIKE TO BE SURE THAT THE HOURS STAY THAT WAY, AT LEAST FOR ALCOHOL SALES, SO, IT DOESN'T TURN INTO SORT OF A PLACE TO GO. WASN'T THAT IN THE CUP? YEAH. IT WOULD, IT WOULD BE LIMITED IN THE CUP. WELL, THIS, THIS IS, REMEMBER, THIS IS A RECOMMENDATION TO THE MAYOR AND CITY COMMISSION. WE'RE NOT EVEN VOTING FOR. THE OPERATOR HAS A CONTRACT WITH THE CITY. THIS WOULD BE TO ADD IT'S A NEW APPLICATION, THOUGH. IT'S NOT AN ORDINANCE. IT'S NOT AN ORDINANCE, IT'S A RECOMMENDATION. SO, IT'S AN APPLICATION SO, THE COMMISSION HAS TO FOR A GU USE. ALL RIGHT, SO, THE COMMISSION HAS TO, SO, WE CORRECT. WILL BE MOVING A FAVORABLE REC? YES. LIKE AN ORDINANCE? OKAY. CORRECT. BUT MR. CHAIR, YOU COULD, YOU COULD INCLUDE, RECOMMENDED CONDITIONS IF YOU'D LIKE. YEAH. NO, I UNDERSTAND. THEN I WOULD SAY THAT, THAT WE RECOMMEND THAT THE, THE ALCOHOL SALES, CAN'T BE AFTER, WHAT WAS THE TIME, 8 O'CLOCK DURING THE WEEK AND THEY HAVE TO BE 5 O'CLOCK. WHICH IS WHAT YOU WITH THE OPERATION, YEAH. OKAY, ALL RIGHT. YEAH. ALL RIGHT, SO, YOU WANT YOU MOVE IT WITH THOSE RECOMMENDATIONS? YEAH, I'LL MOVE IT WITH THOSE RECOMMENDATIONS. I'LL, I'LL SECOND. YEAH, WE'LL SECOND. YOU TAKE THE SECOND. I'LL TAKE THE SECOND. LET ME SECOND BEER. ALL IN FAVOR? AYE. YEAH. AYE. PASSES UNANIMOUSLY. JUST SO, YOU KNOW, THIS WASN'T A DECISION GRANTING IT. THE COMMISSION WILL ULTIMATELY DECIDE, AND YOU'RE WELCOME TO GO TO THAT HEARING. THEY WILL MAKE THE DECISION TO APPROVE IT. YEAH, I JUST THINK THAT THERE'S SO, MUCH ALCOHOL. NO, NO, NO, I KNOW. I JUST WANT YOU TO UNDERSTAND THAT WE DIDN'T APPROVE IT. IT'LL GO BEFORE THE CITY COMMISSION, AND IF YOU WANT TO GO TO THAT MEETING, IT'LL BE PUBLISHED WHERE THEY WILL ULTIMATELY DECIDE. OKAY. ALL RIGHT. YEAH, I JUST WANTED YOU TO KNOW IF YOU WANT TO GO TO THE COMMISSION, THEY WILL, THEY WILL BE DECIDING IT. [14. PB26-0866, RM-2 ACCESSORY USE REGULATIONS.] THANK YOU FOR YOUR TIME, THOUGH. I APPRECIATE IT. ALL RIGHT, WE'RE ON TO, WE S WE ALREADY DID THE HELIPAD, SO, PLANNING BOARD FILE 260866 RM2 ACCESSORY USE REGULATIONS. THANK YOU, MR. CHAIR. SO, THIS IS AN ORDINANCE, THAT PROPOSES TO ALLOW PROPERTIES, WITHIN THE COLLINS WATERFRONT HISTORIC DISTRICT IN THE RM2, WHICH WOULD BE, JUST TO ORIENT EVERYONE, IT'S NORTH OF 23RD STREET, SOUTH OF 43RD STREET, BETWEEN COLLINS AND INDIAN CREEK, YOU HAVE A PORTION, SO, IT'S ON THE WEST SIDE OF COLLINS, OF THE CITY THAT HAS A RM2 ZONING. THE RM2 ZONING, CURRENTLY ALLOWS FOR HOTEL USE. IN PRIOR TO 2023, HOTELS WERE PERMITTED TO HAVE ACCESSORY USES THAT INCLUDED, ROOFTOP CAFES THAT WERE ABLE TO SELL ALCOHOL. IN 2023, WE DIDN'T PROHIBIT THAT USE, BUT WHAT, WHAT WE DID IN 2023, AND I'M KIND OF SAD ELIZABETH ISN'T HERE TODAY BECAUSE I KNOW SHE WAS A BIG PROPONENT OF THIS, IS WE ENACTED AN ORDINANCE THAT SAID IF YOU'RE WITHIN, IF YOU WANT A ROOFTOP RESTAURANT THAT SELLS ALCOHOL AND YOU'RE LOCATED WITHIN 200 FEET OF A RESIDENTIAL UNIT, THAT YOU ARE NOW CONSIDERED A NEIGHBORHOOD IMPACT ESTABLISHMENT, REGARDLESS OF THE OCCUPANCY, AND REQUIRE A HEARING IN FRONT OF THE PLANNING BOARD FOR A CONDITIONAL USE PERMIT. WHAT THAT HAD THE EFFECT OF DOING IS ACTUALLY PROHIBITING HOTELS IN THE RM2 FROM, FROM SUBMITTING AN APPLICATION TO THE BOARD FOR A CUP. AND THE REASON WHY IT PROHIBITED THAT IS BECAUSE NIES, NEIGHBORHOOD IMPACT ESTABLISHMENTS, ARE PROHIBITED IN THE RM2, GENERICALLY PROHIBITED. SO, WHEN WE MADE A ROOFTOP RESTAURANT THAT'S WITHIN 200 FEET OF A RESIDENTIAL UNIT INTO A NEIGHBORHOOD IMPACT ESTABLISHMENT, THEN WE EFFECTIVELY PROHIBITED THAT IN, IN CERTAIN AREAS OF OUR CITIES WHERE WE DO HAVE, SO, ME HISTORIC HOTELS, AND, AND I, YOU KNOW, I THINK THAT WAS A, YOU KNOW, FROM MY EXPERIENCE, WAS A COMPLETELY UNINTENDED CONSEQUENCE. WHAT THIS PROPOSAL WOULD DO IS IT WOULD SIMPLY ALLOW THOSE BUSINESSES TO COME BEFORE YOU AS THE PLANNING BOARD AND REQUEST A CONDITIONAL USE PERMIT FOR A ROOFTOP VENUE THAT HAD AN ALCOHOLIC BEVERAGE. GO BACK TO THE INTENDED USE OF THE ORIGINAL. YES, YES. AND WE'RE SUPPORTIVE. WE ARE RECOMMENDING THAT A FAVORABLE RECOMMENDATION BE ISSUED TO THE MAYOR AND CITY COMMISSION. ALL YOURS. THANK YOU SO, MUCH, MR. CHAIRMAN. MY NAME IS PAUL SAVAGE WITH LAW OFFICES AT 200 SOUTH BISCAYNE BOULEVARD, MIAMI, FLORIDA. I'M HERE, PROUDLY REPRESENTING THE APPLICANT AND REDEVELOPER OF THIS HISTORIC DESIGNATED HOTEL. HOTEL AT 3010 COLLINS AVENUE, AND AS DEBBIE DESCRIBED, [03:15:01] OR MAYBE SHE DIDN'T DESCRIBE, BUT I WILL REMIND THE BOARD THAT IN DEBBIE'S PRIOR CAPACITY AS OUR CITY'S CHIEF HISTORIC PRESERVATION OFFICER, SHE WORKED AT LENGTH WITH THIS APPLICANT, AND THEIR ENTITLEMENT TO REDEVELOP THE HOTEL AND INVEST OVER 100 MILLION DOLLARS INTO THIS REDEVELOPMENT HAS ALREADY TOTALLY BEEN APPROVED, AND SO, WE'RE HERE TODAY, AND THAT THAT WORK IS UNDERWAY NOW, SO, AND IT'S A REALLY A FANTASTIC, AND EXCITING REDEVELOPMENT IN MID BEACH. THE ONLY THING BEFORE YOU FOR YOU NOW, AS DEBBIE EXPLAINED, IS A PROPOSED CODE AMENDMENT FOR WHICH WE SEEK YOUR FAVORABLE RECOMMENDATION. AND AS DEBBIE POINTED OUT SEVERAL TIMES, AND AS YOU SAID TO ANOTHER, YOU KNOW, ANOTHER PRIOR APPLICANT HERE, WE'RE NOT, YOU KNOW, VOTING ON THIS ON THE MERITS TODAY. IT IS ONLY FOR OUR, THE ABILITY OF OUR CLIENT TO COME BACK AND APPLY FOR A CUP, SUBJECT TO FULL PUBLIC HEARING, STAFF REVIEW, ETCETERA. IF YOU CAN PULL MY POWERPOINT UP, I WILL QUICKLY, LOOKING AT, THE HINTS FROM THE CHAIRMAN'S FACE TO GO QUICKLY, I'LL, GO THROUGH THIS, BUT I DO THINK THAT, THIS IS A, THIS IS A REALLY, A REALLY NICE STORY, AND THIS WAS A BRIGHT SPOT, AND I WANT TO JUST, SET DOWN SOME OF THE FACTS HERE. WE'RE IN RM2. AS DEBBIE EXPLAINED, WE HAD SORT OF AN UNINTENDED CONSEQUENCE. THIS, YOU KNOW, THE, THE NIE REGULATION IS, OF COURSE, IMPORTANT AND IS A, YOU KNOW, IS THE SUBJECT MATTER OF ALL THESE HEARINGS THIS MORNING, BUT IT GOT A LITTLE BIT OVERBOARD HERE. THIS IS OUR SITE HERE AT 3010 COLLINS. WHAT, WHAT'S AT THE PROPERTY NOW? THERE, WELL, IT'S THE MONROE TOWER HOTEL SINCE THE 20S AND 30S. MONROE TOWER, OKAY. AND SO, NOW, LIKE, I DROVE BY THERE THE OTHER DAY TO GET SOME PHOTOS FOR THIS, AND, YOU KNOW, THERE'S JUST A BIG CONSTRUCTION SCREEN, AND THERE, MY CLIENT TELLS ME THAT, END OF 2027 THEY WANT TO DELIVER THIS PRODUCT. AND WHAT'S IT GOING TO BE CALLED? IT'S, RIGHT NOW IT'S THE MONROE TOWER. ARE THEY GOING TO KEEP IT? HOTEL, YEAH. OKAY. THIS IS, 1939, 1939, POSTCARD. AND, THIS, THIS IS OBVIOUSLY, IT'S NOTEWORTHY THAT THIS IS NOT ON THE OCEAN, RIGHT? SO, IT'S REALLY NICE TO HAVE A DEVELOPER COME IN AND INVEST THIS KIND OF MONEY INTO A HISTORIC RESOURCE THAT'S NOT OCEANFRONT. HERE'S A RENOVATION RENDERING WHEN IT'S ALL DONE. THIS IS A BEAUTIFUL RENDER OF A FIRST-FLOOR RESTAURANT, AND THE ROOFTOP THAT I'M GOING TO TALK ABOUT IS AN EXTENSION OF THIS, OF THIS RESTAURANT. IT'S NOT, YOU KNOW, A NIGHTCLUB OR ANYTHING, AND THE TEXT AMENDMENT AND ITS PLACEMENT AND ALL OF THE SORT OF CODE WORK THAT YOU HEARD ABOUT WAS AT THE DIRECTION OF STAFF, WHO, YOU KNOW, HAS A VERY CLOSE EYE ON, ON ANY SORT OF ACTIVATION. HERE'S A RENDER OF THE ROOFTOP. IT'S KIND OF AN, AN, AN OLD FLORIDA DESIGN, WITH SORT OF PINKS, VERY BEAUTIFUL, VERY TROPICAL. AND THEN, THERE'S A LITTLE BIT OF DETAIL HERE ABOUT THE PROPOSED CODE AMENDMENT, JUST TO REASSURE EVERYONE, THERE'S NO ROOFTOP ENTERTAINMENT, AS DISCUSSED IN SOME PRIOR MATTERS TODAY. THERE'S NO ROOFTOP BAR EXPRESSLY, IT'S LIMITED TO 150 SEATS, NO MORE THAN THAT, NO OUTDOOR BAR, ET CETERA. THE TIMES ARE LIMITED, WEEKNIGHTS, AND THEN A LITTLE LATER ON SAT SATURDAY NIGHT AND FRIDAY NIGHT. AGAIN, SUBJECT TO GOING BACK, TO THE PLANNING BOARD THAT I UNDERLINED HERE IN THE TEXT, HAVE TO COME BACK WITH FOR ALL OF THOSE DETAILS, FULL PUBLIC HEARING, ET CETERA. ANOTHER RENDER HERE OF, THE PARASOLS AND THE DESIGN HERE. YOU KNOW, WE THINK IT BALANCES PRESERVATION WITH NEIGHBORHOOD COMPATIBILITY, IS IN FURTHERANCE OF A LOT OF GOOD PUBLIC POLICY WHERE, YOU KNOW, YOU WANT TO ENCOURAGE PEOPLE TO INVEST IN THESE BEAUTIFUL BUILDINGS, AND SO, GIVE THEM, YOU KNOW, A LITTLE SPECIAL PERMISSION HERE AND THERE TO, TO PAY FOR IT AND TO PAY FOR THE UPKEEP. THIS, THIS LANGUAGE DIDN'T COME OUT AS BIG AS I WANTED, BUT I DO WANT TO, SORT OF, YOU KNOW, HIGHLIGHT THIS TO SAY THAT, AFTER, AFTER SEVERAL MEETINGS AND A PRESENTATION TO THE BOARD OF THE MID BEACH NEIGHBORHOOD ASSOCIATION, THEY SENT IN THIS, LETTER SLASH EMAIL, SAYING THAT, IT FOSTERS AND MAINTAINS THE HISTORIC HOTEL INVENTORY WHILE [03:20:01] MAINTAINING PROTECTIONS FOR SURROUNDING RESIDENTIAL PROPERTIES. THE PROPOSAL STATED FRAMEWORK EMPHASIZES PRESERVATION, ADAPTIVE REUSE, NEIGHBORHOOD COMPATIBILITY, CONTROLLED LOW INTENSITY ACTIVATION, AND LONG-TERM STEWARDS OF THE COLLINS WATERFRONT HISTORIC DISTRICT. AND THEY, SO, THAT, I THINK THAT WAS A GREAT POLICY STATEMENT THAT THEY GAVE US, AND WE WORKED WITH THEM, AND YOU MAY HEAR FROM, I CAN TELL YOU THE PERSONALITY OF THAT BOARD, THEY, AND THEIR PRESIDENT, THEY DO NOT SUFFER FOOLS. YOU HAD BETTER BE READY TO ADDRESS ALL THEIR CONCERNS. I CAN TESTIFY TO THAT. SO, WITH THAT, I WILL ASK FOR, RESPECTFULLY, I'M HERE FOR ANY QUESTIONS, BUT RESPECTFULLY ASK FOR YOUR FAVORABLE RECOMMENDATION TO GO BACK UP FOR TWO READINGS TO THE CITY COMMISSION ON THE AMENDMENT. OKAY, THANKS. ANYBODY ELSE HERE TO SPEAK? ANYONE ON ZOOM? OKAY. ANY QUESTIONS? WANT TO MOVE IT? I'LL MOVE IT. OKAY. YEAH. FAVORABLY, I ASSUME. WITH A FAVORABLE RECOMMENDATION. [15. PB26-0870, TENNIS COURTS WITHIN SINGLE-FAMILY RS-2 DISTRICT.] KEITH SECONDED. OKAY, ALL IN FAVOR? AYE. ANYONE OPPOSED? THAT WAS EASY. THANK YOU, MR. CHAIRMAN. MY PLEASURE. GOOD, GOOD LUCK. OKAY, PLANNING BOARD FILE PV 260870, TENNIS COURTS WITH A SINGLE-FAMILY RS DISTRICT, RS2 DISTRICT. THANK YOU, MR. CHAIR. THIS IS A, AN ORDINANCE THAT IS, PROPOSING TO ALLOW THE USE OF TENNIS COURT AS A MAIN PERMITTED USE IN THE RS2 ZONING DISTRICT. CURRENTLY, TENNIS COURTS AND OTHER COURT GAMES ARE PERMITTED IN SINGLE FAMILY ZONING DISTRICTS, BUT ONLY AS AN ACCESSORY USE TO A MAIN SINGLE-FAMILY HOME. SO, IN THIS I HAVE A QUESTION. WHAT DOES THAT MEAN? SO, IF THERE'S A COURT ON A PIECE OF PROPERTY IN A RESIDENTIAL NEIGHBORHOOD, IT CAN NOW BE THE MAIN PURPOSE OF THE PROPERTY? CORRECT. SO, WHAT WE, WE HAVE IS FOUND OURSELVES BUT IF, HOLD ON, BUT IF IT WAS ORIGINALLY APPROVED AS AN ACCESSORY, DOES THAT MEAN SOMEONE KNOCKED DOWN THE HOUSE AND LEFT THE TENNIS COURT? POTENTIALLY. IN THE CASE THAT I'M AWARE OF, IT'S ON THE SUNSET ISLANDS 2. NEESON'S HOUSE. AND WHAT, WHAT HAPPENED, AND IT IS A, IT'S A VERY UNIQUE, UNUSUAL SITUATION. RIGHT, BUT I HEARD THE PROBLEM THERE WAS THAT THEY HAD COMMERCIAL USE GOING ON, IS THAT? COMMERCIAL USE, THIS WOULD NOT ALLOW. RIGHT. ANY COMMERCIAL USE RIGHT. FOR THAT. AND THEN, IT'S NOT CURRENTLY ALLOWED IN THIS ORDINANCE, WOULD NOT ALLOW COMMERCIAL USE. OKAY. WHAT HAPPENED IN THAT SITUATION IS IN 1998, THE PLANNING BOARD ACTUALLY APPROVED A LOT SPLIT WHERE THERE IT WAS A DOUBLE SIZED LOT AT THAT POINT. SO, THERE WAS A HOME, AND THEN THIS PARTICULAR LOT WAS A TENNIS COURT. WHEN THE LOT WAS SPLIT, THERE WAS NEVER A CONDITION IN THE ORDER THAT REQUIRED THE REMOVAL OF THE TENNIS COURT. GOT IT. SO, THE TENNIS COURT HAS EXISTED AS A STANDALONE PROPERTY, SINCE 1998. IT WAS PURCHASED BY SOMEONE WHO BELIEVED HE COULD USE THE TENNIS COURT FOR HIS OWN, RECREATION, AND, YOU KNOW, WE, WE HAVE ADVISED HIM, THE PLANNING DEPARTMENT HAS ADVISED HIM THAT IT IS NOT CURRENTLY AN ALLOWABLE USE FOR THE PROPERTY. THIS WOULD ALLOW FROM NOW ON NEW PROP, NO, HAD TO BE BUILT BEFORE JULY, RIGHT? CORRECT. SO, HAS TO BE IN EXISTENCE. SO, IT, IT HAS TO BE IN EXISTENCE RIGHT. CURRENTLY IN THIS SITUATION. AND THEN, CAN I ASK, IS THIS PROBABLY THE ONLY PROPERTY THAT THIS WOULD AFFECT? IT'S THE ONLY PROPERTY I'M, I'M RIGHT. FAMILIAR WITH IT. I WILL JUST WRITE, HE'S A VERY DEAR FRIEND OF MINE, AND I UNDERSTAND THE ISSUE, BUT I, I MEAN, I AGREE. I DON'T THINK THERE'S ANY WHAT I HAD HEARD IS THAT THERE WERE TENNIS LESSONS GOING ON THERE, AND IT WAS BEING USED COMMERCIALLY. AND SO, THIS ORDINANCE RESTRICTS IT TO THE OWNER'S USE. CORRECT. NOW, HOW YOU MONITOR THAT, I DON'T KNOW. WHAT IS THAT? LIKE, CAN HE HAVE FRIENDS COME OVER AND PLAY, OR? IT COULD BE HIMSELF OR HIS GUESTS, RIGHT, OKAY. BUT, YOU KNOW, COMPLIANCE WOULD BE RESPONSIBLE, BASICALLY, RIGHT, IF THERE WAS ANY COMMERCIAL ACTIVITY THAT WAS SEEN THERE, THAT THEY COULD, THEY COULD BE ISSUED A VIOLATION. WHAT'S THE LOGIC WITH SOME OF THESE PROPERTY, LIKE PROPERTY OWNERS WHO HAVE MORE THAN ONE LOT NOT BEING ABLE TO ASSIGN A LOT TO A TENNIS COURT OR PADDLE COURT? WHY, WHY, WHY IS THE CITY OBJECTING THAT? IT'S IT'D BE IN THE SINGLE-FAMILY RESIDENTIAL NEIGHBORHOODS, THAT'S JUST NOT CURRENTLY AN ALLOWABLE USE, WHICH IS WHAT THIS WOULD DO, WHICH WOULD YOU MEAN AS A PRIMARY USE? AS A PRIMARY RIGHT. USE. CORRECT. RIGHT, BECAUSE HOW OFTEN IS THAT GOING TO COME UP WHERE A ESPECIALLY ON AN ISLAND LIKE SUNSET, WELL, IT COMES UP WHERE IT'S JUST A COURT. MORE OFTEN THAN. WELL, NO, THERE, THERE'S MORE. NOW, YOU'RE TALKING ABOUT SOMEONE WANTING TO ADD A PICKLEBALL COURT OR COR LIKE THEY'LL BUY BUT THIS IS ABOUT THEY'LL BUY AN EXTRA LOT, LIKE, WHY CAN'T A PROPERTY OWNER BUY AN EXTRA LOT AND JUST DEDICATE IT? BECAUSE THERE'S BEEN A COUPLE AND THAT IS A, THAT IF, IF THE PROPERTIES ARE PROPOSED TO BE JOINED YEAH. WITH A COVENANT IN LIEU OR UNITY OF TITLE, THAT WOULD BE ALLOWED. OKAY. THAT WOULD BE ALLOWED. IT WOULD HAVE TO BE JOINED TO ANOTHER PROPERTY THAT HAS AN EXISTING LIVING QUARTER, IS THAT CORRECT? CORRECT. OKAY. BUT IT CAN'T BE A PROPERTY ACROSS THE STREET THAT IS NOT CONNECTED TO THE PROPERTY OWNER. ALL RIGHT. [03:25:01] YES. GO AHEAD, SIR, AND THEN WE'LL IT'S GOOD TO SEE YOU AGAIN. JOE JIMENEZ, OFFICES AT 2020 SALCEDO STREET IN CORAL GABLES, REPRESENTING MR. HANSON. THIS IS A CITY, THIS IS NOT OUR APPLICATION, THIS IS A CITY RIGHT. SPONSORED AMENDMENT. JUST TO CLARIFY SOMETHING, THERE ARE TENNIS LESSONS GOING ON THERE THE SAME WAY YOU COULD HIRE A TENNIS PRO TO COME TO YOUR HOUSE IF THE TENNIS COURT WAS ALREADY ALLOWED, THE SAME WAY YOU CAN HIRE A SWIM INSTRUCTOR TO COME TO YOUR POOL. IT DOESN'T MAKE IT A COMMERCIAL POOL BECAUSE SOMEBODY'S CHARGING YOU NO MORE THAN A TUTOR. RIGHT, BUT DOES A LESSON HAVE TO BE FOR THE OWNER? DOES IT HAVE TO BE FOR THE OWNER? COULD YOU, IF THIS WERE AN ALREADY, WHEN IT WAS AN EXISTING ACCESSORY USE, COULD I LET A FRIEND OF MINE USE MY TENNIS COURT OF COURSE. TO TAKE A LESSON? WHEN I TAUGHT RIGHT. MY KIDS HOW TO SWIM, I DIDN'T HAVE A POOL. I BORROWED A FRIEND OF MINE'S POOL WITH A SWIM INSTRUCTOR. SO, ANYTHING THAT THE OWNER COULD DO WOULD STILL BE ALLOWED HERE, BECAUSE THAT'S, I KNOW WE HAD CLARIFIED THAT IN THE LANGUAGE. WHAT WE CAN'T DO IS RENT IT TO THE TENNIS INSTRUCTOR FOR HIM TO JUST START CHARGING AND HAVE A TENNIS. AND HOW, HOW IS THE NEIGHBORHOOD, ANY OPPOSITION OR? THEY WERE ACTUALLY VERY UPSET THAT IT WAS GOING TO BE TORN DOWN. SO, THE NEIGHBOR IS SUPPORTIVE. THE NEIGHBORHOOD. IT'S A NEIGHBORHOOD AMENITY. RIGHT. BECAUSE HE DOES ALLOW, YOU KNOW, HEY, IF YOU WANT NO, LISTEN, I KNOW HIM. I WENT TO HIGH SCHOOL WITH HIM. HE'S A GREAT GUY. HE'S A GOOD NEIGHBOR. AND, AND OUR OTHER CHOICE WAS TO BUILD A 1800 SQUARE FOOT HOME, WHICH IS THE MINIMUM SIZE, AND ALL OF A SUDDEN TURN IT BACK INTO AN ACCESSORY USE, WHICH SEEMED RIGHT. A LITTLE WASTEFUL. SO, IT SOUNDS TO ME LIKE IT'S THE ONLY PROPERTY AFFECTED, SO, UNLESS IS THERE ANYONE ON ZOOM TO SPEAK, BY THE WAY? OKAY. MOTION TO APPROVE. ASSUME YOU GUYS AREN'T HERE ON THIS. OKAY. [16. SWALE MAINTENANCE AND USE OF SWALES IN SINGLE-FAMILY NEIGHBORHOODS ] MOTION TO APPROVE. OKAY. CAN I GET A SECOND? OKAY, ALL IN FAVOR? AYE. ALL OPPOSED? TELL ANDY BRIAN ELIAS IS LEFT. WHICH ANDY IS THAT? ANDY ANSON. I'LL TELL YOU IN A MINUTE. OKAY, WE'RE ON DISCUSSION ITEMS. HE KNOWS EVERYONE. HE WENT TO RANSOM WITH ME ON IT FOR ME. WAS IT, I KNOW YOU WERE INVOLVED IN THE SWALE. WAS ELIZABETH NOT A BIG REQUESTER OF THAT? WELL. NO? OKAY, AS LONG AS, AS LONG AS I, I DIDN'T WANT TO LEAVE HER OUT IF THEY RIGHT. I DON'T, I DON'T RECALL IF SHE HAD AN INTEREST IN THAT. I KNOW A LOT OF THAT TO WITH VINNY, YOUR ISLAND, SO, RIGHT, IT'S A BIG THING FOR US. YEAH. ALL RIGHT, WELL, GO AHEAD, LEAD US UP. WELL, LET ME JUST, BECAUSE WE DID PASS OUT, I THINK WE DISCUSSED THIS IF SEVERAL MONTHS AGO, YEAH. AND WE DID PASS OUT, TWO THINGS. ONE IS THE, THERE'S AN EXISTING ITEM PENDING, REVIEW AT THE CITY COMMISSION, WHICH CLARIFIES, THOSE, CONCRETE BUTTONS THAT ARE ALLOWED, AND THAT, THAT ORDINANCE, CURRENTLY CLARIFIES THAT THOSE ARE PERMITTED WITHIN THE SWALES. THE OTHER, THANK YOU. ITEM THAT JAKE IS PASSING OUT NOW HAS TO DEAL WITH STREET TREES AND TREE REQUIREMENTS. SO, OUR LANDSCAPE ORDINANCE FOR NEW CONSTRUCTION OR A MAJOR, YOU KNOW, A NEW ADDITION OR MAJOR, PROJECT DOES HAVE A CERTAIN NUMBER OF TREES REQUIRED TO BE PLANTED. THAT COULD BE, STREET TREES, BUT THEY DON'T HAVE TO BE PLANTED IN THE SWALE. SO, THERE'S NOT A REQUIREMENT THAT NEW TREES BE PLANTED IN THE SWALE. THEY CAN ALSO BE PLANTED ON PRIVATE PROPERTY AND SATISFY THAT REQUIREMENT FOR THE SHADE TREES. SO, THEY ARE PERMITTED WITHIN THE SWALES, AND I BELIEVE IT'S 20 FEET ON CENTER, BUT ALTERNATIVELY THEY CAN ALSO BE PLACED IN PRIVATE PROPERTY. SO, THOSE ARE THE CURRENT REGULATIONS. I DID SPEAK WITH THE CITY'S PUBLIC WORKS DEPARTMENT, AND I BELIEVE ALEX ALVAREZ, WHO IS OUR, OUR RIGHT-OF-WAY MANAGER, WAS TRYING TO ATTEND TODAY'S MEETING EITHER ON ZOOM, I DON'T SEE HIM ON ZOOM, OR IF HE'S WATCHING NOW, MAYBE HE WILL COME DOWN, TO CHAMBERS IN CASE THE, THE BOARD HAS ANY QUESTIONS, BECAUSE I'M NOT A AN EXPERT NECESSARILY ON WHAT, YOU KNOW, IS PERMITTED WITHIN THE RIGHT-OF-WAY'S, BUT GENERALLY, AT LEAST WE, WE UNDERSTAND THOSE CONCRETE BUTTONS ARE, ARE SOMETHING THAT PROPERTY OWNERS CAN DO. SO, AND I GUESS, IS IT LITERALLY LIMITED JUST TO THOSE ROUND CONCRETE BUTTONS OR THIS, YOU KNOW, THE LARGE SIGNS THAT SAY DO NOT PARK ON GRASS, THE LARGE ROCKS, THAT'S NOT INCLUDED OR I AM NOT AWARE OF ANY CITY APPROVALS FOR THOSE LARGE SIGNS. SO AGAIN, I JUST, I KEEP ON GETTING, YOU KNOW, FEEDBACK FROM PEOPLE IN THE NEIGHBORHOOD, AND THEY'RE SAYING THAT YOU HAVE THESE CARS THAT ARE PARKING IN THE RIGHT OF WAY ON THE STREET, AND THEY'RE ALWAYS ADJACENT TO SWALES THAT HAVE THESE LARGE ROCKS AND/OR SIGNS THAT SAY DO NOT PARK ON GRASS. SO, I GUESS AT THE PLANNING BOARD LEVEL, WHAT COULD WE DO, OR WHAT KIND OF COMMUNICATION COULD WE HAVE WITH THE COMMISSION TO TRY AND, YOU KNOW, COURSE CORRECT, LET'S CALL IT. SO, I THINK, IT WOULD REALLY BOIL DOWN TO ENFORCEMENT IF THERE ARE, IF THERE ARE ITEMS. SO, THE BUTTONS YOU CAN PUT OUTSIDE YOUR OWN SWALE, RIGHT? THAT [03:30:01] DOESN'T REQUIRE A PERMIT. ANYTHING ELSE, IT'S MY UNDERSTANDING, WOULD REQUIRE A RIGHT-OF-WAY PERMIT. SO, LARGE BOULDERS OR SIGNAGE IN THE SWALE WOULD REQUIRE YOU GOING TO THE CITY'S PUBLIC WORKS DEPARTMENT AND OBTAINING A RIGHT-OF-WAY PERMIT. I AM NOT FAMILIAR WITH US APPROVING ANY KIND OF LARGE SIGNAGE OR THAT TYPE OF THING. SO, I THINK AN ENFORCEMENT MECHANISM, YOU KNOW, COULD BE LOOKED AT. I DON'T KNOW WHAT OUR CURRENT LEVEL OF ENFORCEMENT IS. SO, I GUESS WHEN IN THE SWALES. SO, I GUESS I'LL DEFER TO YOU, BECAUSE I I'M NOT REALLY SURE WHAT THE, THE BEST PATH FORWARD BE. WOULD IT BE KIND OF THE CITY COMMUNICATIONS DEPARTMENT SENDING OUT A MAILER MAYBE TO ALL RESIDENTS SAYING, HERE'S WHAT YOU CAN DO, HERE'S WHAT YOU CAN'T DO, YOU CAN'T PARK IN THE MIDDLE OF THE STREET? WOULD IT BE SPEAKING WITH, YOU KNOW, CODE SAYING, OR MAYBE IT'S PROBABLY PARKING, YOU KNOW, ISSUE, OR HEY, PARKING, YOU KNOW, YOU HAVE TO DRIVE UP AND DOWN THE BLOCKS FOR THE NEXT MONTH, YOU KNOW, JUST KIND OF COURSE CORRECTING, I GUESS. WHAT, WHAT DO WE DO? SO, I THINK THERE'S BECAUSE I DON'T WANT TO KEEP ON GETTING PHONE CALLS. PROBABLY A MULTIPRONGED SOLUTION FROM, FROM WHAT I'M HEARING. PARKING ENFORCEMENT, CERTAINLY, IF PEOPLE ARE PARKING, AND BLOCKING TRAVEL LANES, THAT COULD ALSO BE SOMETHING THAT THE CITY'S POLICE DEPARTMENT POTENTIALLY COULD BE CALLED FOR IF YOU'RE COMPLETELY BLOCKING A TRAVEL LANE BECAUSE YOUR CAR OR YOUR, YOUR, YOU KNOW, WORK VAN IS PARKED THERE FOR YOU'RE BLOCKING 8 HOURS. YEAH. THAT'S, THAT'S AN ISSUE, AND THAT COULD BE A LIFE SAFETY ISSUE AS WELL IN TERMS OF, SO, CERTAINLY ENFORCEMENT, IF THERE ARE CERTAIN, I THINK IT WOULD BE HELPFUL TO KNOW IF THERE ARE CERTAIN NEIGHBORHOODS OR AREAS WHERE THIS IS PERPETUALLY HAPPENING, WHICH I KNOW, MELISSA, WE TALKED LAST TIME ABOUT THE ISLANDS, THE VENETIAN ISLANDS ESPECIALLY, AND YOU'VE GOT VERY NARROW STREETS IN SOME OF THOSE ISLANDS. SO TECHNICALLY, IT'S NOT LEGAL TO BE PARKING ON THE STREET THERE, AND SO IT DOES MOST OF THE ISSUES COME FROM ALL THE, THE CONSTRUCTION PROJECTS AROUND, AND SO, THE, THE BIG ENFORCEMENT WOULD BE FOR THE CITY TO HAVE CONSTRUCTION, PARKING PLANS IN FORCE. SO, IF WE COULD HAVE THAT AS STARTERS, THAT WOULD CLEAR OFF A LOT OF THE STREETS. AND THE PROBLEM IS FROM WHAT I UNDERSTAND, THERE'S ONLY ONE CODE COMPLIANCE IN THE CITY THAT DOES, THESE PARKING PLAN ENFORCEMENT. SO, WE CANNOT, YOU KNOW, AND SO WHAT C WHAT HAPPENS IS WHEN THE RESIDENTS COMPLAIN ABOUT THE STREETS BEING BLOCKED, WELL, YOU GOT CODE COMPLIANCE THAT COMES AND NOW TICKETS EVERYONE. AND WE HAVE THIS SORT OF ARRANGEMENT WITH THE CITY THAT NO, THERE'S NO ENFORCEMENT UNLESS THEY'RE CALLED IN BECAUSE WE, WHEN THEY REDID THE ENTIRE NEIGHBORHOOD AND THE STREETS, IT WAS KIND OF LEFT AS, YOU KNOW, AS AN UNDERSTANDING WITH THE CITY THAT THEY WOULDN'T TICKET US UNLESS IT WAS CALLED IN BECAUSE OF THE, THE, THE WAY THEY'VE NARROWED THE STREETS AND THAT THERE WAS NO PARKING, INCLUDED. BUT PART OF THE ISSUE IS THAT IF THE SWALES, NOW JUST TO CLARIFY, THE SWALES BELONG TO THE CITY, CORRECT? CORRECT. OKAY, SO, IT'S CITY PROPERTY. SO, YOU KNOW, ONE OF THE W WHAT I DON'T UNDERSTAND THE CITY DOESN'T DO IS THAT WHY CAN'T YOU GUYS REQUIRE FOR, RESIDENTS TO NOT BLOCK THOSE, THOSE SWALES? LIKE, THEY SHOULD BE LEFT IF THERE'S NO PARKING ON THE STREET, AND WE'VE TRIED GOING THROUGH DIFFERENT WAYS OF YOU KNOW, GETTING, RESIDENTIAL PARKING IN THE NEIGHBORHOOD, BUT WE CAN'T BECAUSE TECHNICALLY IT'S NOT LEGAL TO PARK ON THOSE STREETS BECAUSE OF THE, WIDTH OF THE STREETS. WHY CAN'T THE CITY MAKE SURE THAT THESE SWELLS ARE, ARE THAT THE RESIDENTS DO NOT OBSTRUCT THEM, THAT THEY ARE KEPT, AVAILABLE FOR, FOR PARKING? AND, AND THAT WOULD BE A POLICY DECISION THAT THE CITY COULD, COULD CERTAINLY MAKE. SO, I GUESS, SO, MELISSA, WOULD YOU BE COMFORTABLE WITH SAYING, MEANING INSTEAD OF, INSTEAD OF THE LANGUAGE THAT, YOU KNOW, THERE CAN BE THOSE ROUND CONCRETE BUTTONS, SHOULDN'T THERE BE LANGUAGE, OR WOULD YOU SUGGEST LANGUAGE THAT THERE SHALL BE NOTHING OBSTRUCTING THE SWALES? YEAH, I THINK THE SWALES SHOULD BE AVAILABLE IN NEIGHBORHOOD RIGHT. WHERE PARKING IS NOT ALLOWED ON THE STREETS. THE SWALES SHOULD BE LEFT AVAILABLE FOR STREET PARKING. RIGHT, SO, IS THAT LANGUAGE THAT WE COULD RECOMMEND TO THE COMMISSION INSTEAD OF SAYING THAT, BECAUSE I THINK RIGHT NOW, WHAT IS IT? IT'S, NO PERMIT IS NEEDED FOR ROUND CONCRETE BUTTONS PLACED IN THE SWALE AREA. WE WOULD STRIKE THAT AND SAY NOTHING SHALL BE PLACED IN THE SWALE AREA BY THE ADJACENT PROPERTY OWNER GOVERNING ASSOCIATION THAT WOULD OTHERWISE IMPEDE, YOU KNOW, PARKING AND OR USE OF THE SWALE. BECAUSE THE SHADE TREE, WELL, THAT THAT'S A BIG CLARIFICATION BECAUSE WE WERE UNDER THE IMPRESSION THAT THE NEW, YOU KNOW, THE UNDERSTANDING WAS THAT SHADE TREES WERE NOW PART OF WHAT PEOPLE HAD TO PLANT ON THE SWALE, BUT NOW YOU'RE TELLING ME THEY DON'T EVEN HAVE TO DO IT ON, BECAUSE EVERY NEW CONSTRUCTION NOW HAS THESE TREES GOING ON THE SWALES. RIGHT, AND THE, AND IT'S RIGHT NOW THEY CAN CHOOSE TO PUT THEM IN THE SWALE, BUT THEY COULD, YOU KNOW, FOR OTHER REASONS, THEY CAN ALSO CHOOSE TO, TO SATISFY THAT REQUIREMENT ON THEIR OWN PROPERTY. IT'D BE ONE THING TO HAVE ONE OR TWO, BUT THEY FILL THEM IN WHERE THEN THERE'S NO CARS ABLE TO PARK, SO, AND CERTAIN OTHER, CERTAIN NON-SINGLE WE HAVE TO BE CAREFUL WITH THE LANGUAGE, I GUESS, BECAUSE IT'S ONE THING FOR SOMEONE ON A SWALE TO PUT ONE IN A TREE OR SOMETHING, BUT IT'S ANOTHER THING WHEN THEY LINE UP LIKE 4 OR 5 TREES IN A [03:35:01] ROW WHERE IT CAN'T BE USED, YOU KNOW WHAT I MEAN? SO. THE ONLY, THE ONLY CONSIDERATION IS WE CANNOT ADOPT A STANDARD THAT'S LESS, STRINGENT THAN THE COUNTY'S MINIMUM STREET TREE REQUIREMENT. SO, WHAT'S THE COUNTY? I DON'T KNOW WHAT THE EXACT ON NORTH BAY ROAD, I JOG ON NORTH BAY ROAD, AND THEY, SO, ME PEOPLE PUT LIKE FLATS LIKE SO THAT YOU CAN'T, AND IT'S NOT THAT'S IT'S NOT THEIR PROPERTY. THAT'S WHAT WE'RE TRYING TO AVOID. RIGHT, RIGHT. SO, IT'S, I MEAN, I GUESS WE HAVE TO MATCH, YOU KNOW, THE COUNTY, STANDARD FOR THE PLANTING OF TREES, BUT SEPARATE FROM TREES, YOU CAN ALWAYS PARK UNDERNEATH A TREE, GENERALLY SPEAKING. RIGHT. WHO PART WHO PLANTS THE TREES? THE CITY, RIGHT? NO, THE WELL, THE S THE CITY PLANTED MANY OF THE TREES. ON THE CITY PROPERTY? WELL, YEAH, YEAH, YEAH. IF, IF IT AND YOU ARE IN CHARGE OF MAINTAINING THE SWALE AS WELL. SO, THE PROPERTY OWNER HAS TO MAINTAIN CUT THE GRASS, AND LOOK AFTER THE SWALE, SO, BUT THE PROPERTY OWNERS ALLOWED TO PLANT HIS OWN TREE OR HER TREE? WITH PERMIT, YEAH, YEAH. SUBJECT TO WITH A PERMIT. TO PERMITTING, YES. AND THERE IS A LANDSCAPE REQUIREMENT FOR A NEW CONSTRUCTION PROJECT, FOR EXAMPLE, FOR A LARGE ADDITION TO A SINGLE-FAMILY HOME. THERE ARE STREET TREE REQUIREMENTS, AGAIN, DEPENDING ON THE INDIVIDUAL PROPERTY OWNER AND THE CIRCUMSTANCES OF THE OF THE PROPERTY, THE, THE STREET TREES CAN GO IN PRIVATE PROPERTY, THEY CAN GO IN THE SWALE. THE CODE IS RELATIVELY FLEXIBLE FOR THAT. NON-SINGLE-FAMILY NEIGHBORHOODS OFTEN HAVE LIKE A STREET TREE MASTER PLAN IN TERMS OF, YOU KNOW, A REGULAR RHYTHM OF WHERE THE TREE SHOULD BE, BUT THAT THAT'S QUITE DIFFERENT FROM SINGLE FAMILY NEIGHBORHOODS BECAUSE OF THE WALKABILITY AND THE SIDEWALKS AND, OTHER INITIATIVES. SO, I THINK, YOU KNOW, THE SINGLE FAMILY IS, IS REALLY QUITE DIFFERENT. MAYBE, MAYBE TO YOUR POINT, MAYBE WE LIMIT THIS TO THE SINGLE-FAMILY NEIGHBORHOODS, AND WE SAY THAT THE WHERE STREET PARKING IS NOT ALLOWED. RIGHT, WHERE STREET PARKING IS NOT ALLOWED, AND THE, I GUESS THE STREET TREE STANDARD OBVIOUSLY HAS TO MATCH, YOU KNOW, THE, THE COUNTY STANDARD, BUT IT SHALL NOT EXCEED THAT. AND I WOULD SUGGEST REMOVING THE APPROVAL OF THE ROUND CONCRETE BUTTONS, AND THE LANGUAGE SHOULD ACTUALLY SAY THAT THERE SHALL BE NOTHING IMPEDING THE USE OF THE SOIL AREA IN THE SINGLE-FAMILY DISTRICTS WHERE THERE IS NO STREET PARKING. AND WE CAN CERTAINLY TRANSMIT THAT TO THE MAYOR AND CITY COMMISSION. THE OTHER THING I WANTED TO POINT OUT REGARDING THE CONSTRUCTION MANAGEMENT PLAN PARKING, I BELIEVE THERE IS CURRENTLY AN ITEM AT THE LAND USE COMMITTEE THAT IS UNDER DISCUSSION. I KNOW IT'S SPONSORED, NICK, DO YOU REMEMBER IT'S SPONSORED BY COMMISSIONER BOTT AND FERNANDEZ? YES. AND SO, YOU COULD ALSO GIVE A RECOMMENDATION, TO THAT COMMITTEE. I'M NOT SURE WHEN IF IT'S GOING TO BE ON THE OCTOBER AGENDA ON OR NOT. WE'RE BEHIND THAT WITH ALEX FERNANDEZ, YEAH, TO TRY TO GET. SO, IF YOU WANT TO, IF THE BOARD WANTS TO SUPPORT THAT, THEIR INITIATIVE TO TRY AND GET BETTER ENFORCEMENT OF THOSE PLANS, WE'VE GOT A LOT OF CONSTRUCTION PROJECTS, IN THE CITY, AND IT'S, IT'S NOT SLOWING DOWN, SO, I MEAN, IT'S ONE THING I'M NOT READY TO DEAL WITH JUST THE NUISANCE OF CONSTRUCTION IN GENERAL, BUT AT THE VERY MINIMUM WE, YOU KNOW, THESE CONSTRUCTION PARKING PLANS ARE THERE FOR A REASON, BUT THEY DON'T, THEY HAVE NO POWER IF NO ONE'S IMPLEMENTING THEM AND NO ONE'S ACTUALLY ENFORCING THEM. SO, I THINK THAT IS THE BIGGEST COMPLAINT PEOPLE ARE DOING WITH ALL THIS CONSTRUCTION. AND RATS. SO, WOULD YOU LIKE, DOES THE BOARD WANT TO TRANSMIT THAT TO THE LAND USE COMMITTEE, THAT YOU'RE SUPPORTIVE OF ADDITIONAL ENFORCEMENT OF THOSE PLANS? YEAH. I WOULD. AND THE LANGUAGE PREV. AND YES, AS A SEPARATE ITEM, THE, THE, THE OBSTRUCTIONS IN THE RIGHT OF WAY WITHIN SINGLE FAMILIES SHALL BE, ELIMINATED, AND THEN STREET TREES SHALL BE THE MINIMUM ALLOWED OR REQUIRED BY MIAMI DADE COUNTY. GOT IT. AND I GUESS, CAN WE CONTINUE THIS TO MAYBE, I KNOW WHEN WOULD WE HAVE AN UPDATE FROM THE COMMISSION? IS THAT FOR NEXT MONTH? IT WOULD BE UP, TO A MEMBER OF THE COMMISSION TO SPONSOR THE RECOMMENDATION BECAUSE THESE AMENDMENTS WOULD NOT BE TO THE LDRS. THE ORDINANCE WOULD NOT COME BEFORE YOU, BUT OBVIOUSLY YOU COULD FOLLOW THE COMMISSION DISCUSSIONS, AND WE CAN PROVIDE THE, THE BOARD WITH AN UPDATE IF SOMEONE DOES SPONSOR. YEAH, SO, HOW DO WE, WHEN WOULD THAT GO? I JUST WANT TO MAKE SURE THAT I'M PRESENT AT THE COMMISSION MEETING WHEN THIS GETS DISCUSSED. WE WILL TRANSMIT THE RECOMMENDATION AS A LETTER TO THE COMMISSION, SO, THAT WILL JUST BE, YOU KNOW, PUBLISHED AND SENT TO, TO EACH OF THE COMMISSIONERS. IT WILL BE UP TO THEM [17. NIGHTCLUB SECURITY / OFF-DUTY POLICE ] TO DECIDE IF THEY WANT TO PLACE IT ON THE COMMISSION. SO, WHENEVER IT'S SENT OUT, CAN YOU COPY US? YES. SO THAT WE'RE AWARE, AND THEN WE COULD FOLLOW UP AS WELL. ABSOLUTELY. THANK YOU. ALL RIGHT, LAST ONE IS NIGHTCLUB SECURITY, OFF DUTY POLICE. SORRY, SORRY. AND WE'LL JUST CONTINUE THIS, I GUESS, FOR TWO MONTHS, WHATEVER, SO, THERE'S JUST TO KEEP IT ON THE RADAR. CAN WE JUST CONTINUE THIS ONE? SURE. PERFECT. THANK YOU. I THINK THIS WAS ABOUT RE YOU KNOW, IT CAME UP, I THINK, WITH THOSE TWO PLACES IN WASHINGTON ABOUT REQUIRING [03:40:01] NIGHT NIGHTCLUB SECURITY. YES, SO, BUT I THINK IT'S GOT TO BE DEFINED, LIKE, BECAUSE THERE'S PLENTY OF, I DON'T KNOW HOW YOU DEFINE A NIGHTCLUB, BUT LIKE I WAS JUST GIVING YOU AN EXAMPLE OF LIKE A CASA TUA. THEY DON'T NEED A SECURITY GUARD THERE. THEY DON'T HAVE ANY PROBLEMS. THEY NEVER SO I DON'T THINK IT CAN BE A CITYWIDE REQUIREMENT, BUT I THINK IF YOU COULD DEFINE NIGHTCLUB, LIKE MAYBE OVER A CERTAIN AMOUNT OF PATRONAGE OR SO, MY RECOMMENDATION TO THE BOARD WOULD BE, IF THIS IS, YOU KNOW, IF THIS IS SOMETHING THE BOARD IS INTERESTED IN DOING, THAT, YOU KNOW, THAT THIS IS SOMETHING THAT STAFF TAKE INTO ACCOUNT IN REVIEWING FUTURE APPLICATIONS. BECAUSE OF OUR CONSTRAINTS UNDER SENATE BILL 180, WE COULDN'T ADOPT THIS AS A, AS A REGULATION ACROSS THE BOARD. YEAH, I DON'T THINK IT SHOULD BE, ACTUALLY. BUT WE'VE REVIEWED THE, THE CODE. WHAT DID YOU SAY IN LIGHT OF? I MISSED. SENATE BILL 180. THIS IS THE SAME LAW I MENTIONED EARLIER, AND I'VE, I'VE ADVISED THE BOARD, ON A COUPLE OF PRIOR OCCASIONS THAT IT BASICALLY HAS IMPOSED A MORATORIUM ON ANY MORE RESTRICTIVE AMENDMENT TO OUR LAND DEVELOPMENT REGULATIONS, SINCE AUG AUGUST 1 OF 2024. SO, IT'S REALLY CONSTRAINED OUR ABILITY TO ADOPT LDR AMENDMENTS AND AMENDMENTS TO THE COMPREHENSIVE PLAN. BUT YOUR, BECAUSE YOUR REVIEW CRITERIA FOR CONDITIONAL USE APPLICATIONS, INCLUDING YOUR CRITERIA FOR NEIGHBORHOOD IMPACT ESTABLISHMENTS, DOES INCLUDE AN OPERATIONAL PLAN, A SECURITY PLAN. I THINK THAT IT IS SOMETHING THAT THAT YOU COULD CONSIDER REQUIRING, ON A CASE-BY-CASE BASIS. ON A CASE-BY-CASE BASIS. WE HAVE THAT ABILITY NOW, RIGHT? THIS CAME UP WITH THE 23RD SAID, THE BAR FROM 23RD, THAT'S WHY WE BROUGHT THAT UP. WHAT I WOULD RECOMMEND, THOUGH, STRONGLY, IS THAT IN ANY INSTANCE WHERE YOU DO THAT, THAT IT'S EITHER OFF DUTY POLICE OR PRIVATE SECURITY, RIGHT. BECAUSE THERE'S NEVER A GUARANTEE, THAT AN OFFICER WILL BE AVAILABLE, RIGHT. TO AGREE. TO WORK OFF DUTY, SO, I ADMIT, SO, RESPECTFULLY, I DISAGREE IN TERMS OF THE YOU DO SECURITY OR AN OFF-DUTY POLICE OFFICER, BECAUSE EVERY NIGHTCLUB HAS SECURITY. THE PROBLEM IS, IS THAT EVEN WITH SECURITY, WE'VE SEEN IN THESE LAST 2 NIGHTCLUBS THAT HAVE COME BEFORE US, THERE'S BEEN 40 CALLS IN THE LAST LESS THAN 6 MONTHS OR 9 MONTHS, AND IT'S A HUGE BURDEN ON OUR POLICE DEPARTMENT, ON OUR, YOU KNOW, FIRE RESCUE DEPARTMENT TO HAVE TO KEEP RESPONDING TO CALLS HERE, AS WELL AS CODE COMPLIANCE, AND ITS A RIGHT, BUT HIS POINT WAS, WHAT IF THERE'S NOT AN OFF-DUTY OFFICER AVAILABLE? YEAH, THAT'S FINE. YOU CAN WORK AS A WORKAROUND. SO, YOU, YOU HAVE, NUMBER ONE IS, IS, IS THERE EVER A NIGHT THAT THE FONTAINEBLEAU DOES NOT HAVE, OFF DUTY POLICE OFFICERS AT LIV? NO, THEY MAY, THEY MANAGE. IT, WHAT, WHAT HAS HAPPENED IN THE PAST, AND I, BECAUSE I STARTED WITH DEALING WITH THIS ISSUE, I WAS THE CHAIR OF THE SAFETY, SECURITY, AND INFRASTRUCTURE SUBCOMMITTEE ON OCEAN DRIVE, AND LIKE YEARS AND YEARS AGO, AND THE ESTABLISHMENTS THAT HAVE A POLICE OFFICER THERE HAVE EXTREMELY LOWER NUMBERS, AND THE PEOPLE WHO DON'T WANT POLICE OFFICERS THERE, BECAUSE IT WOULD DETER THIS THE TYPE OF CLIENTELE THAT THEY WERE LOOKING FOR, THEY WOULD ALWAYS CLAIM, WELL, MIAMI BEACH DOESN'T ALWAYS HAVE POLICE OFFICERS AVAILABLE. THAT BEING SAID, IF YOU LOOK AT LIKE LIV, THEY HAVE DORAL POLICE DEPARTMENT THERE, YOU KNOW, OR WHEREVER IT IS FROM. AND SO, IT'S BALONEY TO SAY, I WASN'T, WE WEREN'T ABLE TO GET AN OFF-DUTY POLICE OFFICER TODAY. OF COURSE, YOU MAY HAVE ONE SCHEDULED, AND THEY, THEY CALL IN SICK, AND THEN YOU DON'T, YOU, YOU'VE GOT A PRO YOU KNOW, THEY DON'T SHOW UP THAT DAY. I THINK THAT'S A WORKAROUND. WE CAN FIGURE SOMETHING OUT WITH THAT, BUT THERE NEEDS TO BE, I IT'S A NIGHT AND DAY IN TERMS OF, OF POLICE CALLS AND SECURITY ON A PREM ON A LOCATION WHEN YOU HAVE A POLICE OFFICER IN FRONT AND WHEN YOU HAVE A, YOU KNOW, YOUR GUYS DRESSED IN ALL BLACK, RIGHT. YOU KNOW, WITH THE SECURITY ON THE BACK OF THEM. OKAY, THAT, THAT'S FAIR. ALL HE, ALL, I GUESS ALL HE'S SAYING IS THAT WE'RE NOT GOING TO MAKE THIS A, A CITYWIDE REQUIREMENT, BUT ON A CASE-BY-CASE BASIS, WE CAN IMPOSE THAT. YEAH. IN THIS PLAN. WELL, BECAUSE THERE ARE THOSE THAT DON'T NEED IT, AND YOU DON'T NEED TO ADD THAT EXPENSE. SURE, LIKE A, A, A I DON'T KNOW WHAT A NIGHT, WHAT, WHAT IS A NIGHT, YOU KNOW. WELL, RIGHT, I MEAN, BUT THEN, BUT THEN YOU'RE GOING TO GET COMPLAINTS FROM CERTAIN CLUBS SAYING THAT THEY'RE BEING SINGLED OUT. SO, I THINK THERE NEEDS TO BE SOME STANDARD OF, AND YOU, IT COULD BE SOMETHING LIKE IF WITHIN YOUR FIRST YEAR OF, OF BUSINESS THERE'S MORE THAN 30 CALLS FOR SERVICE, LIKE, YOU KNOW, YOU NEED TO HAVE, YOU KNOW, SOMETHING LIKE THAT. I MEAN, I THINK WE NEED TO. WHY, WHY NOT, SORRY, BUT TO YOUR POINT, WHY NOT SET IT AT, AT A STANDARD OF THE TYPE OF ENTERTAINMENT THAT THEY'RE OFFERING, THE HOURS OF OPERATION, MEANING WHICH WOULD BE UP TO US IN THE CUP. NO, OR IT'S A CITY STANDARD. SO, IF, IF YOU ARE AN ESTABLISHMENT THAT OFFERS A CERTAIN TYPE OF ENTERTAINMENT, LET'S SAY THERE'S NO, YOU KNOW, [03:45:01] THREE MEALS, THERE'S NO FOOD OFFERING, THERE'S A CERTAIN TYPE OF ENTERTAINMENT, THERE'S A CERTAIN TYPE OF HOURS OF OPERATION. YOU HAVE TO PROVIDE, YOU KNOW, OFF DUTY POLICE, AND THE CITY KNOWS WHAT THAT STANDARD IS AT NIGHTCLUBS. I MEAN, A NIGHTCLUB IS NOT THE SAME AS, YOU KNOW, A RESTAURANT. OR, FOR EXAMPLE, OR, FOR EXAMPLE, ANYTIME THAT YOU'RE HAVING ONE OF THOSE QUOTES UNQUOTE PROMOTED EVENTS, YEAH. THAT THEY NOTIFY THE POLICE DEPARTMENT ABOUT THAT PROMOTED EVENT. THAT'S ONE EXAMPLE THAT YOU CAN SAY THAT'S YOU'RE REQUIRED TO HAVE A POLICE OFFICER. LIKE, I WOULDN'T WANT TO LEAVE IT UP TO GETTING 30 COMPLAINTS OR VIOLATIONS, AND THAT WOULDN'T. OR ONE IDEA TO, TO JONATHAN'S POINT, TO HAVE SOME KIND OF STANDARDIZED, CRITERIA, BUT WE WOULD BE ABLE TO WAIVE THAT IF THAT AN, APPLICANT CAME TO US, YOU KNOW, THEY CAN SAY, WELL, WE DON'T NEED IT BECAUSE THIS, THIS, AND THIS, AND THEN MAYBE WE CAN WAIVE IT, BUT THERE WOULD BE SOME KIND OF STANDARDIZED CRITERIA FOR, FOR SECURITY. YOU'RE SAYING AFTER GOOD BEHAVIOR OF WELL, OR IT COULD BE A NEW APPLICATION THAT JUST LIKE VALET, THERE'S NOT TOO IS, IS NOT A, YOU KNOW, IT'S NOT GOING TO HAVE A LOT OF PEOPLE OR WHATEVER THE CASE MAY BE. I, I'D RATHER DEFINE IT AND HAVE THAT AS A GENERAL OPERATING STANDARD, ASSUMING THAT WE COULD LEGALLY SO, ARE YOU ALLOWED, ARE YOU ALLOWED TO HAVE SOME SORT OF STANDARD LANGUAGE FOR CERTAIN ESTABLISHMENTS AS PART OF THE CUP PROCESS, OR WOULD THAT BE CONSIDERED VIOLATING THAT LAW? I THINK, WHAT WE HAVE, AND WE'VE DONE THIS OVER THE YEARS TO RESPOND, TO CONCERNS THAT THE, THAT THE BOARD HAS RAISED AND PRIOR BOARDS HAVE RAISED, IS WE BEGIN INCORPORATING, JUST AS A PRACTICE, CERTAIN TYPES OF CONDITIONS. AND, YOU KNOW, THE, THE KINDS OF THINGS THAT, THAT THIS BOARD DISCUSSED TODAY ABOUT THE WALDORF, THE SAME CONVERSATIONS WE HAD ABOUT THE GOOD TIME, YOU KNOW, SO, ME OF THOSE CONDITIONS HAVE BECOME SOMEWHAT STANDARD. I WOULD RECOMMEND THAT WE APPROACH THIS THAT WAY, RATHER THAN, YOU KNOW, PROPOSING A FORMAL RULE RIGHT NOW BECAUSE OF OUR CONSTRAINTS UNDER STATE LAW, WHICH AGAIN REALLY HAVE INHIBITED OUR ABILITY TO, TO ADOPT LDR AMENDMENTS, THAT THIS IS SOMETHING THAT THE BOARD LOOK AT ON A CASE-BY-CASE BASIS. I ALWAYS ENCOURAGE LISTENING TO YOUR ATTORNEY, SO, HERE TOO, SO, SOMETIMES. ALL RIGHT. THANK YOU. MR. CHAIR? YES. YEAH, WE'RE ADJOURNED. WE'RE ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.