City Commission - Regular Meeting

Oh, I didn't, I stand corrected, so we'll start at six.

Ten minutes.

Six, when did it, when did it, six, ten minutes. It's been ten minutes since we, I know. Oh. What time?

Give me five more minutes.

6.08, all right.

Thank you so much. The town is so small that... Beautiful. Beautiful. Oh, yeah.

You look awesome as well.

You look awesome as well. No we're fine.

Can you make them closer? You're racing me, right?

I misspoke.

Oh no. Yes, right there. How many do we need? Five? One, two, three, four.

The other two are in the...

Thank you. Oh yeah, no, I don't get to add anything. Unless I pay for it, I get to write a check. And then I went back. Yeah. Yeah. Yeah. Yeah. okay this is

You guys heard the door?

No.

All right, we're about to start our meeting for Thursday, the 27th of August. Madam Clerk, can you please, Liz, can you please do the roll call?

Commissioner Linsu.

Here.

Commissioner Fortuna Smuckler. Present. Commissioner Phyllis Smith. Present. Commissioner Daniela Jean. Commissioner Jay Chernoff.

Here.

Vice Mayor Mackenzie Floremont.

Here.

Mayor Michael Joseph.

I'm here. Next. Invocation. Pastor Tobin. That's me. Thank you.

Good evening, commissioners, mayor, everyone. It's good to see you tonight. Let's bow our hearts together. Oh Holy One, we gather this night grateful for the city and for the chance to serve her well. We ask for discernment in the decisions before us, for wisdom, to see beyond our own vantage points for the good of the whole community. Let our words tonight be truthful, spoken plainly, but always in kindness. Let us listen as carefully as we speak. Let us love for this city For one another, let us guide our actions and our words in all of the decisions that are made. May all involved be respectful in conversation and fair how we treat our neighbors, and may the vulnerable be remembered, and may the work we do here tonight leave this community a little stronger than we found it, in whatever way that you would close. Amen and amen.

I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. And I'm clear. Section 4, do you have any requests, deferments, or additions?

One sec. Mayor, at the request of Commissioner Smith, item 12.11, which is resolution number 2026-110, is requested to be pulled from the consent agenda and heard separately. by the request of Commissioner Smith, item number 12.13, which is resolution number 2026-112, is to be pulled from the consent agenda and also heard separately. Madam, could you speak more into the mic?

I can't hear you.

Yes, and can you repeat the first one?

Yeah, I couldn't hear you. It's right up.

No, still can't hear you.

Is this better?

Yes, please. Okay.

Commissioner Smith is requesting item 12.11, which is resolution number 2026-110 to be pulled from the consent agenda and heard separately. Commissioner Smith is requesting item 12.13, which is resolution number 2026-112 to be pulled from the consent agenda and also heard separately. For the City Manager's Office, item 14.2, which is ordinance number 2026-13, will be deferred to the next commission meeting. Commissioner Smuckler is requesting item 14.5, which is resolution number 2026-119, to be deferred to the next commission meeting. Commissioner Chernoff is requesting to add the appointment of Alter Gambardi to the beautification committee, which will be item 16.4. That application has been placed at your own individual's area. Per the request of Vice Mayor Mackenzie Furrymon, item 15.5, which is resolution 2026-90, will be pulled from the consent agenda. Per the request of Vice Mayor Mackenzie Floremon, items 12.6, which is resolution number- Madam Clerk? Sir?

You said 15.5? I know it's 12.

Excuse me, 12.5.

Okay, thank you.

I stand corrected. So let me just repeat that. That number is 12.5, resolution number 2026-90. That will be pulled from the consent agenda and heard separately. Item 12.6, which is resolution number 2026-97, is requested to be pulled from the consent agenda. And that request is from Vice Mayor Floriman. Also from Vice Mayor Florimon, item 12.10, which is resolution number 2026-109, is being requested to also be pulled from the consent agenda. Those were the only items worth to my attention.

Madam Clerk, is 12.15 and 12.16 been, I'd like to request to pull that to the agenda as well. Which one? Does it legislate? Louder. Not yet, 12.15 and 12.16 to be pulled for discussion. I also-

15 and 16. 12.16 and 12.16 from Commissioner Hsu.

Yes. Is 12.6 been deferred?

Correct. No, 12.6 is being requested to be pulled from the consent.

Okay, got it. And then was there, can we defer 14.6?

You can request it, it has to be voted.

Oh no, I'm sorry, it was, what's happening with 14.5? It's being deferred to September. Oh, gotcha, thank you so much. That's all from me.

She wanted to know what was going on with 14.5 and I told her it was deferred until September. Yeah, that's true. Yes.

Can we borrow this? This makes sense.

All right.

Do we have to make a motion to approve? Motion to approve.

Second.

All in favor say aye. Aye. All right. Madam Clerk. Next is presentations. None. Public comment.

Public comment. Good evening, the mayor commission of the city of North Miami Beach has opened a meeting for public comment at this time. There's a three minute time limit for each speaker. Speaker, when you come to the podium, please state your name or the name of the organization which you are representing. And our first two signed speakers are Whitney Padot and then Karen Harold.

Good evening, mayor, commission, residents, city charters. My name is Whitney Padult. I reside in Lezou Residency. I would like to give a great shout out and a good thank you for city commission and mayor for throwing a wonderful event last Saturday. I feel like the business community and everybody that's representing was really nice showing up for that event. And I feel like we should reconsider making that event a yearly event and add it into the list. I stand here before you tonight as a lifelong resident who cares deeply about North Miami Beach and the direction of the city. I recently searched online to see if there was any good news about this event. However, the only thing I saw and read some articles about the mayor suing the city about public records so it made me stop and think because when somebody sued the city it's not suiting the building or the logo or the institution they're really suing the residents and the taxpayers of city of north miami beach as our elected officials our elected leaders we should be lead to communicate and solve problems and to keep the people business moving forward This isn't about deciding who is right or who is wrong. Everyone has the right to pursue legal remedies, but every conflict has a cost, whether it's the taxpayer dollars, public trust, or repetition of our city. That brings me to something I believe that commissions should really seriously consider about how do we approach our legal representation. There's an agenda item today to discuss about our city attorney office. They really need to decide and have the discussion to really deep then and look at the performance of that contract. You can either negotiate the contract or bring it back in-house. I believe that the city, has a lot of opportunities and great things to offer. However, we always have that negative cloud over what billable hours, lawsuits, and things that's happening that's ongoing in our city that we see in the news every single time. This is not about personality, this is about accountability, efficiency, and protecting our taxpayer dollars. Because when the people search in North Miami Beach, I want them to see the progress, like we are investing in infrastructure, like the new splash pads that we have in Highland Village, that the sidewalks are getting repaired, economic developments, like stuff that promotes positive things in our city. We may not always agree on certain things, but disagreements does not have to become dysfunction. I believe everybody here should really focus about the residents and not about each other personal and just focus on the business. Thank you. Next speaker.

Hi, my name is Karen Herald. I live in the City of North Miami Beach. Good evening, Mayor, City Commissioners, City Manager, Deputy City Manager, Assistant City Manager, City Attorney, City Clerk, and staff. Thank you for your service. I would like to speak in favor of bringing in an in-house City Attorney. Our city has gone through and still has some pretty significant challenges ahead of us. one being with the city budget, possibly 20 million in debt, a significant portion of that due to time constraints not being met, leading to a loss of usable funds and the return of millions of dollars to the state, and shows what can happen when the flow of running the city comes to either a standstill or a mere trickle of what needs to be done actually getting done. Having a new city manager who has taken a good look at what the problems are and is taking action to make corrections to bring us into being a healthier, financially functioning city has been an amazing step in the right direction that we want for our city. Along with this, we need to have an in-house city attorney to keep on top of the challenges we face. Someone accountable in an actual city hall office during the days that has limited outside obligations that will not interfere or take precedence over their handling of the city's legal business. We need the ease of flow between legal questions that arise and the time our city attorney addresses these questions and works towards any solutions needed. A legal case taking over two years instead of six months to a year, if not sooner, when we must make a payout means thousands and thousands of city money being spent that could have been prevented. You, the elected officials, we have firsthand access. You will have firsthand access to answers to any of your questions while you're working to best serve the residents of our city. A walk down the hall. An in-house city attorney can keep up and be better informed and be ready to implement any solutions as soon as possible. You all know tightening the belt, so to speak, has been the phrase used to describe actions needed to bring our financial standing to a positive place. This holds true in the amount of money that goes to the city attorney's office. Are we utilizing the office in the best way possible without overspending? Very real concerns have presented themselves with the way things are now. Are we just getting by? Can we do better? Sometimes same old, same old just doesn't work. Thank you.

Thanks, Mayor. Trish Miller and then Ruth Ogun.

Good evening. My name is Trish Miller and I am a resident of North Miami Beach and I'm speaking for myself. I think we all know it's time for us to bring our legal services in-house. I don't think there's any question and I think most of us are on the same page. And as Whitney said, it's certainly not about personality. Look, I had a housekeeper that I loved. I thought she was great. But she swung from my chandelier. She broke it. She broke the coffee table. She ate all the food in my refrigerator. And finally, my husband said, are you paying her? And I had to say, well, yeah. He goes, but she's a housekeeper. But she wasn't a good one. So I had to fire her and get a new one. So yes, it's not about who we like and who we don't like. We have the shopping cart ordinance debacle. We have the charter amendment debacle. How many times are we going to be let down and told that I'll get to it or be told it's too late or spent a million dollars, almost a million dollars of our taxpayer money because things weren't done in a timely manner. It is time. to put on your big boy pants and your big girl pants and do what has to be done and bring our legal services back in house. And it doesn't matter who you like and who you don't like. We deserve, the residents of North Miami Beach deserve a city that is run properly and efficiently and fiscally responsibly. Thank you. Next speaker.

Good evening, Mayor, commissioners, and staff. My name is Ruth Elgin, and I'm asking you to seriously consider replacing a current city attorney with an in-house city attorney who's available to the city every day. I would like to give you a personal example. Before I submitted my right of way vacation application, I had questions that I wanted clarified before spending money on the application. I asked the planning and zoning staff to get answers from the city attorney. I was told that they had difficulty getting a response from him and that he never replies to them. So I emailed the city attorney myself, and it took approximately two months before I received an answer. There's another example. At this month's August 10th planning and zoning meeting, the attorney did not show up. He said he received an email that the meeting was canceled, yet none of the other members of the committee received such an email. How can our planning and zoning board properly conduct its business when there's no attorney available to answer legal questions that may come up during the meeting? This is not personal. It's about service and accountability. This is why I believe North Miami Beach should have an in-house attorney whose primary responsibility is serving the city. Our residents deserve an attorney who is accessible, responsive, and fully committed to North Miami Beach. Thank you.

Next speaker.

Linda Joseph and then Diana Torres.

Next speaker. Next speaker. Ms. Torres.

Hi.

Hello. Good evening, Mayor, Commission, Attorney. I'm a little hoarse, so I'm sorry about that. But I want to go back to, ma'am, Here we go, thank you. So. Your name, please, for the record. Diana Altarez, 241 Northeast on 70th Street, North Miami Beach. Thank you. Thank you. We, as I go out and around to speak to residents from different backgrounds, cultures, generations, and neighborhood, it's clear, we are one city. and we must start thinking of ourselves as one community. The needs of our community are greater and more complex than we sometimes realize, and it's not just about roads, developments, public safety, neighborhoods, residents with disabilities, economic opportunities, the quality of life we want for everyone who calls North Miami Beach a home. But having a vision is one of the beginnings, only the beginning. We need right professionals helping us turn that vision into action, and It's not about personality. It's not about ethnicity or culture or race. We have to understand that when we do have professionals that we have in our leadership and working for a city, we need to understand who they are, where they come from, correct? What are their priorities? What are their challenges? And tonight we want to make sure that what was placed on this agenda about the city attorney, it brought me to realize that there's more to it than we even imagine. When we are pursuing responsible development, negotiating agreements, protecting public resources, addressing complex issues, and creating policies for the future, we need legal counsel who has a deep understanding of our city and its long-term goals. We need the right professionals to help us turn our visions into actions. And a city attorney plays an essential role in that process. I urge you, not only today, from here on, to make sure that when you are trying to pursue that leadership in the city of North Miami Beach, that you do it the right way. Because it's not fair to them, and it's not fair to us or the residents. It's all of us. This is my take on it. Thank you.

Next speaker.

Mr. Mayor, I just want to recognize State Representative Fabian Basabi.

Okay.

Good evening, Mayor, Commissioner, and the great residents of North Miami Beach. I'm here tonight because I strongly oppose the remove of Joe Galler.

Your name, please, for the record.

Oh, Linda Joseph.

Thank you.

170 Northwest, West Dixie Highway. I'll repeat. I completely disagree with the removal of Joe Gallo. Joe Gallo has been in this community for four decades. He understands legal law. He understands economics. He understands with law. With his expertise, he's one of the best lawyers in this country. He is nationally recognized. So you guys want to talk about in-house attorneys. You know the cost of an in-house attorney? And this attorney with his level of experience? I am a proud owner and a member of Stronger NMB. Did Joe Gallo and this team give me everything we know we deserve? No. He was fair, he was impartial, and he was good. And he got back to us. So when we talk about fiscal responsibility, you cannot shove that word back and forth where you want to. An in-house attorney would be very expensive, especially for the level of experience that you'll have. And let's talk about the one you are thinking about bringing in, charging $35,000 a month. What is the residents are getting for that? And who is he? And why is he coming here? Does he live in our city? Do we understand economic dollars locally? Do you understand what his expertise is? These are the questions we need to know. And if you do have to remove the attorney, how are we gonna select the next one? It will be open and honest and transparent and not a friend of a commissioner? If you wanna know the truth, that is the truth. The line of this attorney who's done everything right, he's being punished for doing the right thing and following the law. Anybody who come against him, I will campaign against that because that is not right. You should be rewarded for doing the right thing and punished for the wrong. Thank you.

Next speaker.

Mara Hogg and then Terrence Carmen Zulli. Ms. Hawk?

Good evening, Mayor, Commissioner, and the staff. My name is Mara Hawk. I would like to praise the police department for They good job at keeping us safe in this city. Also, I want to recognize and thank Commissioner Daniela Jeans for putting together such a beautiful, beautiful classical concert for the city. We all enjoy it. So sorry that she's not here, but I'm sure she's looking. I also want to address this ghost in the closet. I do not agree with Mrs. Joseph Noel. We don't have a lawyer, an attorney that is being paid for the money that we are spending. We are spending over $60,000 a month, that's almost a million a year. It's like, what, $36,000, $32,000 a year for every family with maybe one child? That's ridiculous for somebody that is not an in-house attorney, okay? We can get one that work for us coming four or five days a week. And it's there when we need it. Somebody that doesn't fall asleep all the time. Somebody that is not about to fall from his feet. All the time I see that poor man. I am so sorry and worried that he fall and we are standing with the bill. I am asking this commission to seriously consider whether Mr. Geller should continue serving us as our city attorney. Mr. Geller has been paid an enormous, enormous amount of money by this city. We are talking about almost $1 million. To know what we are exactly receiving return for that salary we need some account, okay? It's important to know if we are receiving the legal service and advise that it should be expected for that amount of money. I would think that for that money, we should have in-house attorney. It is not about personality, because I like him as a person. It is not about friendship. and it's not all about political relationship. Thank you. Our government must remember one simple principle. The money belongs to the people, not the city hall. Thank you. Thank you.

Thanks, Speaker.

Good evening, Mayor, Vice Mayor, City Commissioners, Manager, City Clerk, and City Attorneys. My name is Terrance Camenzuli. I'm a 33-year resident of North Miami Beach. I'm here to bring up a few things that are going on right now in the city. First, we passed an ordinance limiting electric scooters. I can tell you that not many residents are aware of this. I walk my dogs on Northeast 171st Street, which is Edna Moffett Boulevard, anywhere from 15th to 19th Avenues using the sidewalk. The time of the day varies from 7 to 8.30 a.m. Since school started, I have nearly been run down by many school students riding on the sidewalk. If I remember correctly, there is a minimum age limit and sidewalk restrictions imposed under our ordinance. I try to stop these people who are mostly teenagers from riding on the sidewalk and explain they must use the bike lanes. I believe that people are not aware of the new ordinance. Something needs to be done about this. First, I suggest those big orange digital displays that were used recently on the railroad crossings to be used along our major streets so the residents are aware of the new law. I see Bay Harbor Islands also passed a new ordinance. And the reason I know this is because they're using these signs along Northeast 96th Street in both directions, as well as the entrance of Broad Causeway going eastbound. Secondly, traffic officers should be positioned when available to give warnings to these riders within the city, especially along the roads headed to the schools. Also, I see item 14.4 on tonight's agenda is a resolution terminating Greenspoon Martyr LLP as our city attorney. This is another agency that the city has hired to be our city attorney. I remember when we had in-house attorneys. I recommend the passing of this as my knowledge of some items recently shows the failure of the city attorney's office to protect the city citizens from unnecessary costs that could have been prevented. There were two lawsuits against the city that due to a lack of response to the court, the city is now having to pay hundreds of thousands of dollars in damages. Also, a member of the code board, I have asked the city attorney's office a few times for clarification on an ordinance. It took three meetings, which means one meeting a month, three months to get the legal opinion. I also see the city attorney requesting removal of certain longstanding boards that are not included in the city's charter that are occupied by volunteers. These volunteers do not cost the city any money except those employees that appear before them. The city attorney wants to ban these boards and hand over their duties to special magistrates, which costs the city more money. I see this costing the city's taxpayers more money in the long run. Finally, as per the city manager, the city's coffers are in negative balance. We have next year's budget coming up, and we need to save where we can. Please direct the city manager to go after any help we can get from the state and federal government through the aid grants. May I have five more seconds, please? Please limit city celebration by combining them together to save the city money and eliminate some of these temporarily until we can build up our balanced seats. Thank you.

Next speaker.

Josh Jimmy and then Star Breedlove.

Josh Jimmy, 980 Northeast 170th Street. Good evening, everybody. It's been a little while since last time I've been here. And why am I here? I'm here for two reasons. For item 14.4 and 14.7, ending the Greenspoon Martyr Contract and bringing the city attorney's office in-house. Residents are paying a lot for legal work that is showing up late, incomplete, or not at all. The Charter Review Committee spent months on this. Their recommendations came in May. The commission still got ballot language the night before it had to go to elections. Committee members said the questions were confusing. That is not how you put a charter in front of voters. There is also a lawsuit that reached a six-figure settlement after a mediation where the city showed up without settlement authority. A judge sanctioned that. And there is a shopping cart ordinance the Florida Attorney General has already flagged as preempted. The city was asked for a legal review. Residents still don't have a clean public one. That is the pattern. High cost, last minute paper, and the commission finding out after the damage. Resolution 118 puts an interim in place so the city is not stuck. Resolution 121 funds a real estate office. One city attorney, one assistant, one paralegal capped at $650,000 a year. That is a staffing plan. not another open-ended outside bill. I'm asking you to vote yes on 14-4 and 14-7. Residents deserve a city attorney who is here, who files on time, and who explains the work before the vote, not after. Thank you.

Next speaker.

You're coming.

Any more speakers?

She's coming.

Oh, sorry. Stop.

Hello, my name is Star Breedlove. I'm here on behalf of voter council. Good evening to the mayor, vice mayor, and the commissioners. Daniella isn't here, but I just wanted to say it was such a beautiful event and give thanks to her for that classical orchestra she had, that cultural event. And I just wish we had more things like that in the city. Because it's a beautiful night to come out for families, friends, and just a reason to get dressed up and enjoy yourself. So that's for Daniella, but thank you.

Next speaker.

Next two speakers, Fabian Basabe and Ariel Vasquez.

Good evening, everyone. Fabian Basabe, Nine Island Avenue, Miami Beach. I came to address Mr. Geller. I had to come to a city that I don't even represent to find my elected school board member. Parents and teachers from my district are calling me for help with schools that you were elected to oversee. Just last night, parents from Ruth K Broad called me about an overcrowded gifted fifth grade classroom, telling me that the teachers are at a breaking point and some are talking about walking out. Florida law establishes a maximum of 22 students in grades four through eight. And this isn't just one classroom. Overcrowding is affecting schools across our communities while teachers remain underpaid, bureaucracy keeps growing, and bloated private contracts somehow remain protected. So where are our priorities? How did we get here, and what are you going to do about it? These schools may be in my legislative district, but I don't run the Miami Dade school system, you do. At North Beach Elementary and elsewhere, parents and teachers are also asking why they're being charged through Facilitron to use public school facilities that their taxes already support. Instead, I had to come here and find you serving in another government position. North Miami Beach currently pays your law firm $50,393 a month. Tonight, this commission meeting is considering terminating your firm. Its own agenda says an in-house legal department could save the taxpayers almost a million dollars annually. That proposed resolution says that this change is in the city's best financial and operational interests. Those aren't my words. Those are the cries of an underserved community that has had enough of paying more and getting less. You also serve as the village attorney at El Portal. And before that, you served as the town attorney for Bay Harbor Islands in my district. And we remember how that ended up. Mr. Geller, nobody forced you to run for school board. You asked parents to trust you with their children. Public service cannot be a collection of titles, contracts, and government checks while the job voters elected you to do gets pushed onto somebody else. So make the choice. Serve our schools or serve the contracts. Commissioners, for too long Miami-Dade political establishment has treated taxpayer-funded positions, contracts, and influence as though they somehow belong to the political class. They don't. They belong to the taxpayers. Political pressure, intimidation, and threats do not scare me. Mr. Geller can decide now how many public positions and government contracts he wants. You all decide whether North Miami Beach decides that they continue to be one of them. It's time to put your taxpayers back in control. And Mr. Geller, the parents and teachers back in our district are still waiting to hear from you. Good to see everyone.

Next speaker.

Good evening, mayor commissioners staff and to the lovely residents of the city of North and beach, I'm here and continue on pushing our agenda. And I want to talk a little bit about. Corona then my. You need please for the record so Ariel Vasquez sorry 1270 Northeast one 78 street North Bay beach, the lovely city that cares about each one of us. So I want to talk a little bit about Corona de Mal. Recently they just finished a beautiful project of installing a sewer there. That was a great job. In that area we know there's a triplex, the multifamily, There's warehouses. There's a school. My church is there. And when we talk about sewer, everybody always wants to talk about the impact fee, always want to draw fear, always want to talk about that it's not good for the city. And it's been the best thing that's happened to us is when they placed the sewer in that area. And I want to let you know that what we paid and what everybody paid to get it installed was zero. Zero. the CRA and grants from the state were able to pay in the same way that these businesses that produces money that were able to pay out of pocket, if they were able not to pay zero out of pocket, how much more our residents that lives in the city that deserves better in our city should be able to look for the future for we could have installation of sewer all over the city. And it's been the best thing. And one of the great advantages since we've been connected with sewer, I have not seen one roach on the drain line. And that's one of the problems that those that have septics are going through is with the infections with when the floods rise up is just a problem. And I believe that the city has to move forward and this is progress in our city has to move forward with great vision for the future. Thank you. God bless. We keep in touch.

Next speaker.

Any other speakers?

Good evening, everyone. My name is Mubarak Kazan. Mayor, commissioners, residents, staff, Talking about the septic to sewer, I was the one who's been crying about this here for a number of years. Now we have developers with their representatives as candidates. They're going to come up here and tell you how great septic to sewer is. Washington Park, I say Washington Park, look out. That force main that you have installed there for $5 million, they're going to force you to connect to it, and it's going to cost your water bill three to four times more. It's not free, as the previous speaker is saying, that that would happen. You're not a flood zone. I look at TVs now and then, and I see flood zones. You don't see the top of the cars when the zone flood. You don't see the top of the houses. The houses are floating away. Those are flood zones. We do not have flood zone here in North Miami Beach other than maybe Eastern Shores, maybe Highland Village those are susceptible to be flooding and Most of North Miami Beach is not a flood zone. What we need is the sewer closer to where the high development be in the commercial areas, but when you put septic to sewer in like the Washington Park it forces the The gentrification is going to be happening because the developers, now that the sewer line is put down there free from them, they're going to come and they're going to offer you bits and pieces for your property. They're going to accumulate. They're not going to come themselves. They're going to send other proxies. And they're going to come like a mom and pop. But they're going to buy out. your Washington Park homes. And when they finish with that Washington Park, they're going to come to other areas over in Oak Grove and the other places, and you'll see gentrification. You'll see a willing mayor and commissioner changing the zoning there to allow high rises. And there goes your property, your investments, and so forth. So beware of that. It's a scam. It's a scheme. They're using your property taxes to get free sewer installed, and they're going to tell you how great it is. It's not great. Believe you me, it cost me maybe like $20 a year for enzymes for my septic tank. But when you go to sewer, it's going to cost you tens of thousands of dollars over the years, and even to hook up. Thank you very much for having me.

Next speaker.

Public comment? Mr. Mayor, public comment is closed.

Next is announcements.

Communications?

Yes, communications announcement.

Good evening, North Miami Beach. I'm Adrienne DeRozan, your AV and communications technician in the communications events and production division here in the great city of North Miami Beach. As summer winds down, there's still plenty happening around the city, from community events to important city updates. Here's a look at what's coming up as we continue our centennial year and stay connected across our community. There's still more to look forward to as we move from August into starting with our senior luncheon. There's always room for good food and great conversation. NMB is hosting its monthly senior luncheon tomorrow, Friday, August 28th, from 11 a.m. to 2 p.m. at the Marjorie and William McDonald Center. Senior residents must RSVP in person with the Parks and Recreation Office in City Hall or online through the City website calendar. Come hungry, bring your smile, and enjoy another wonderful afternoon of food, fellowship, and fun. Centennial celebrations are making their way to Eastern Shores. Come out this Saturday, August 29th, for another spectacular Centennial Block Party from 5 to 8 p.m. at the Eastern Shores Tot Lot and the Intracoastal Mall parking lot. NMB invites residents to celebrate an evening of music, games, and local spirit. As always, NMB Centennial Block Parties are free and open to the public. From celebrating together to keeping our community safe, join Commissioner Phyllis Smith, City Manager Darvin Williams, and Police Chief Juan Penillos for another informative Safety First Town Hall on Thursday, September 3rd, from 6 to 8 p.m. at Duffy's Sports Grow in the Intracostal Mall. This is another opportunity for residents to share concerns, ask questions, and learn about important topics impacting our community. Because a safer community starts with staying informed and staying connected. As we look ahead to the Labor Day holiday, here's an important City reminder. Monday, September 7th is Labor Day. Please note that the City of North Miami Beach offices will be closed. For information on additional services affected by the holiday, please refer to the City website and our social media pages for updates. It's time to talk about the City's plans for the year ahead. As a friendly reminder, the City of North Miami Beach will hold its first budget hearing for the 2026-2027 fiscal year. On Thursday, September 10th, the hearing will be held in the second floor commission chambers at City Hall beginning at 6 p.m. As we close out this month's announcements, September 11th marks the beginning of Rosh Hashanah. Shana Tovah to everyone in the Jewish community. May the new year bring you and your families many blessings. And looking a little further ahead, NMB is bringing the fun to our four-legged friends, calling all residents and dog lovers. The first annual NMB Bark Bash will take place on Sunday, October 11th, from 2 to 6 p.m. at the Gwen Margolis Amphitheater. NMB is going to the dogs with canine demonstrations, a doggy fashion show, pet vendors, dog adoptions, music, entertainment, and food trucks. Bring your four-legged fur babies for a positively epic day of fun, festivities, and furry friends. As the city looks ahead, these events and updates reflect our continued commitment to keeping our community connected, informed, and engaged throughout our centennial year. For more information on these events and other city initiatives, visit the City of North Miami Beach website and follow our social media pages at City NMB. Stay connected, stay informed, and continue celebrating 100 years of North Miami Beach. And as always, we'll see you around the city.

All right, Madam Clerk, we're going to move forward to our city commission reports.

Commissioner Shanoff.

Good evening, everybody. First of all, I'd like to commend the chief of police and the whole police department who swore in 10 new officers today. So congratulations to them. It was a beautiful ceremony and we understand there's more on the way. So thank you guys. We really do appreciate it. All right, Daniela, what a beautiful concert you put on. It was fun for everybody who was there. Everybody got very dressed up, which was really nice. And everybody I spoke to had a great time. So thank you. all right the splash pad in highland village what a success all right for those of you who weren't there it has a cup that fills up a big cup in the air and all the kids sit under it and it splashes them like you know, not just a little, all the water. And they sit there every time it comes around, and it was amazing. It was very great. All right, everybody heard about the Dog Fest on October 3rd? Okay, this is bring your own dog, okay? Bring your dog.

Rent a dog.

Rent a dog, you know, adopt a dog. Adopt a dog. But bring your dogs, okay? And everybody will have a great time. to the Jewish community, Lashana Tova, wishing you a happy, healthy, and an easy fast. Thank you.

Mr. Mayor, for the record, Commissioner Jean is here. For your commission reports, Commissioner Jean.

Thank you. Good evening, everyone. I'm going to yield my time.

Commissioner Smith. Thank you. Commissioner Jean, I'm glad you came in because that concert was way, way above top. I just couldn't believe she could do it. I couldn't believe it. And when you get there, you see the ability she has. So I hope all the residents will recognize how hard she worked and how amazing that evening was. It was absolutely amazing. It brought a whole different culture to our city and the people loved it, loved it. So I personally thank you for that. It was hard work. I want to welcome all the police that were sworn in today. I'm sorry I did not know about it in time to get there, which I usually am, but I wish them a safe and a fulfilling career. And I want to thank them for coming to North Miami Beach. They're in good hands under our chief and the other officers that work here. When Commissioner Chernoff brought up the splash pool, that was a four-year project that I begged, well, I pleaded, well, I begged. I'm not beneath that, to get those kids that splash pool in the summer when it's so hot. And boy, was I right. Did they go after it? I think the initial bucket is something that fascinates them, but there is a lot of other sprinklers and all kinds of things and arches and flowers. They'll enjoy it from now and forevermore. Now I'm working on Highland Village's bathrooms to upgrade those bathrooms. We're going to work on that. We're going to nag for that. I want to say that this is a very unusual time in North Miami Beach because we have an election that is so important. We have to get out to vote. You have to know your candidates. Know who they really are. Know what they're going to stand for because that's the future. at least the next two years that's your future of how your taxes are spent so please educate yourself there are a lot of forums highland village is going to um i'm sorry washington park is going to have interviews with each candidate there's a group here that's going to have in the yes center they're going to have meet the candidates And they might even do something in the eastern shores. But please, go to one of these and meet your candidates. The other thing that I think is important to know, this budget season is going to be very unusual. We're in deficit, and it's going to be very unusual. But you know what? Next budget season may be worse, depending on what they pass in Florida, what our our votes are and how the money comes in and how it doesn't come in so i want everybody to participate come to the budget meetings and speak up we follow you as i've told people all week i'm not here for phyllis smith i'm here for you and i follow what the public sentiment is. So with all that, I wish you a fabulous month, a good school year for all of our children that go to school and the families with young children. Be safe, pay attention, and everybody's welcome. City of North Miami Beach Budget Workshops. Everybody's welcome. Thank you.

Commissioner smuggler. All right. Thank you. I want to happy healthy.

All right.

Okay. Um, commissioner Sean, you've done a beautiful job and as I whispered to her a little bit earlier, some residents came up and, um, congratulated you and praised your hard work. Everyone had a beautiful evening. Also, yay to Highland Village. Thank you Commissioner Smith for pushing it and thank you to Trisha Harris. For how long have you been asking for this, 25 years? for more than 25 years for asking for this. To a city attorney, Joe, last month I had asked you, I know we spoke earlier and I forgot, last month I had asked you about that ethics complaint that was thrown out and if we can recover the, and Commissioner Smith had asked me how much it was and I said it was like $200 but I was mistaken, it's in the $400 range. Will we be able to get our money back from the complaining?

We can try. We're happy to move forward on it and see if we can get it back and we'll undertake that. Their rules are not, it's not a mandatory thing, but we can make it.

All right. I mean, it was a frivolous ethics complaint filed against me that was thrown out like instantly. And I still had to hire an attorney and that was like 400 and something dollars. And I wanted... Yeah, sure. I wanted the city, and the city is paying for that, so I wanted the city to ask for the money back. Speaking of which, one of the speakers said something about the mayor suing the city. Can you Because not everybody, I don't know.

Well, there's a public records lawsuit per the commission, which I believe, I think it was on your motion, but it may have been one of the other commissioners. Per the action of the commission, I was instructed not to have anything to do with something that related to the Algo investigation. So as things have come in related to that, I have referred them out to outside counsel per the instruction of the commission. This does relate to those records, so it's been referred out to Weiss Sirota as outside counsel per the direction of the commission, but I can arrange to have them brief you on it.

All right, thank you. Also, Mr. Manager, TC had mentioned that not a lot of people know about the scooter law, and I know the police department did put a video out not too long ago, but maybe we need to do as a city in general, we need to do some type of... not just a video because not everybody watches, but promote it more, some signage or something. I'm not sure what the proper way to do it, but we don't want people getting injured knowing that we have a scooter law out there. All right, so coming soon is Labor Day. I hope it is fun and relaxing to everybody. And on this September 11th, it will be 25 years since the attacks on America. Let's remember their heroes who ran towards the danger and remember the 3,000 lives lost and continue to lose because of exposure to toxics. Wishing a happy Rosh Hashanah. wishing it's as sweet as honey cake and a healthy new year. Condolences to Ketley Huachim and her family and the passing of her mother, Suzanne Noel. who not too long ago celebrated her 102nd birthday, and she was honored here last month, and our sympathies to her family. Thank you, PD, for keeping NMB safe, and congratulations to our new sworn-in officers. Thank you.

COMMISSIONER SU? GOOD EVENING, EVERYONE. AS WE COME TO THE END OF AUGUST, I WANT TO CONTINUE WHERE I LEFT OFF IN MY JULY COMMISSION REPORT. NOT TELLING YOU ABOUT THE WHOLE LIST, BUT FIRST OF ALL, SCHOOL IS BACK. AND ONCE AGAIN, OUR PARKS AND PARKS DEPARTMENT HAD A GREAT FINALE TO THE SUMMER NIGHT AND WITH THE NIGHT OUT BACK TO SCHOOL AND HEALTH all together in that whole season week. It was fantastic to see the kids enjoyed so much of their summer camp. And also, it was a great opportunity to bring the community together. I also want to share something personal. Today I was scheduled to receive the Trailblazer Award from the Asian Pacific American Bar Association of South Florida at their installation gala. This is APABA South's highest honor and the award was first established in 2019. I was very honored to be selected. But I'm here tonight. because I believe my responsibility to the residents of North Miami Beach comes first. And honestly, that's what public service means to me. The recognition is meaningful, but the real work happens right here on the dais, especially as we navigate a challenging budget year. If you missed the budget workshop, the recordings are available online on YouTube. I encourage you to watch them. I want to give credit to our city manager. He is taking a serious look at our finances, making significant reductions in spending. It's not so much about how much you make, but it's about how much you spend as well. So it's very important that we cut that and stop looking about what we're not going to get. It looks like we're trimming the fat massively and some of these cuts are very substantial. But I want our residents to understand, this is temporary. We are working through this the next year or two responsibly so that we can come out stronger with healthier reserves for emergencies. The manager has committed that services will not decline, so if they do, please call me so I can hold them accountable. So, and therefore, okay, services are not going to decline. And in some areas, we're actually increasing. And what I heard last time was the library. The library will now be open on weekends. So, yes, I hear cheers from library fans. Finally, and as you see, there's something in the budget that concerns you, please contact me. I wanna hear from you. The budget is actually what dictates the direction of the city. So whatever your direction is, it should reflect in the budget. So I'm also asking our manager, I need your help to get our finances from the audit that we submitted to the state in June and also this budget that we're revising to be on the landing page of our website so it's easy for residents to find. Because I know I received a copy of the audit, but when I look online to find it, I couldn't find it. And I had to send it personally to people who asked for it. So we should, this is an easy win for us with transparency. um congratulations commissioner smuggler on your mensch award yeah so we got to witness that was amazing and then also commissioner jean i didn't know you were super talented she played um in the orchestra during the centennial concert so thank you so much for bringing that to our city and it is it is actually very special i i do hope that we can you know find more opportunities to do something like that again and hopefully you'll be playing solo next time uh and uh thank you to everyone who came to the condo connect we are looking to do something in like high concentrated condo areas so if you if you're you or your condo has any issues please reach out to me so we can find a way to do that for you um let's see thank you parks and communications for making that event a big success A few quick notes, of course, Highland Village, they've mentioned the splash pad is now open. Go check it out. Our partnership with the IRS is moving forward to bring in free tax filing to the residents. And please tell your favorite restaurants. If you eat anywhere in North Miami Beach and you haven't told them to join NMB Bites, they're missing out because we can expand and create new fan bases for your favorite restaurant. So please, it doesn't cost anything for them to join. We want as many restaurants to join as possible. So please, let's support our businesses. Today, we honored Libera Bar for winning so many international burger awards. and their burgers are delicious. So please join us in supporting our small businesses in the city. Let's see. Mr. Manager, I know that that NMB Bites deadline is the 31st of August, which is next Monday. Is it possible to extend that?

Through the mayor to Commissioner Hsu, absolutely.

Okay, what would give you enough time to operate and promote?

An additional 15 days would be fantastic.

OK, wonderful. Yes, I concur. Thank you. So you all heard it. You have another 15 days. Well, plus four. So 19 days. We have a lot happening in North Miami Beach. It's the centennial year. Everybody's super excited. Some are challenging. Some are exciting. Some are just plain fun, like our centennial block parties. So we have one more this weekend, right, in Eastern Shores. So if you are not doing anything, come join us. Come party with us, and let's celebrate our 100 years. And also... Just be sure that no matter what we are doing, we are moving the city forward, okay? And I'm always here, I'm paying attention, and I want to hear from you. Thank you very much. Vice Mayor Mackenzie Floremon.

Thank you, Madam Clerk. Thank you, everyone who has made tonight a... a night where you join us here at the city commission meeting. We appreciate it. You could have been doing anything else, but you've joined us here this evening and we are grateful for that. I'd also like to join my colleagues in sending our deepest sympathies and thoughts to Ketley Joachim and her family members on the loss of their matriarch and our thoughts and prayers from the city of North Miami Beach are with them. Aside from that, we do know that the holiday is approaching in our Jewish community. So we wish everyone a sweet new year. Right. And so we ask that. everyone be mindful of this season and this time and celebrate with our Jewish community because it is a beautiful contributing community to North Miami Beach. And so we wish everyone a sweet new year. Aside from that, I also want to say to Commissioner Jean uh your new your new name is supernova right so um you know commissioner jean is it has so many talents um and you know there's there are people who they have some energy that is kind of hard to keep up with them commissioner smith is one of them um you know you're another um Well, now I'm going to have to start saying everybody, right, before I get in trouble. But we appreciate what you bring to North Miami Beach, taking the time out to think about things like this. I know we were thinking about a gala at some point that we decided not to go forward with. So this was a very nice event, quality event, and I think everyone really enjoyed it. So thank you so much for bringing that to our city. When it comes to the block parties, I didn't get a chance to make it to Sky Lake, but I saw some of the Instagram posts. And I'm sure every block party was fun, but I think there was something special about Sky Lake just from what I saw on Instagram. Because, you know, a block party is really where you actually have residents come out of their homes and you shut down the block and you really have everyone just enjoy themselves. So there was the way that was set up was truly the meaning of what a block party is. And I, you know, believe that you guys are probably going to take number one. uh place for um for your block party i guess we'll see what eastern shores comes through with but um you know kudos on uh skylakes block party aside from that listen it's a long agenda and i know that we have a quasi-judicial item on on the agenda but i would be remiss if i didn't compliment our trio here from the manager's office they are perhaps the most uh uh i mean i don't even know what word to apply but the style That's coming from this office. GQ. GQ. And today, specifically, Mr. Deputy City Manager. I have to say, you just took it to a whole other level. And, you know, thank you for bringing, you know, such fashion to our city manager's office. You know, what we do is complicated and difficult. So it's always good to have a bright spot, right? So we really appreciate you guys. Andy with the glasses. The manager who's always bringing the threads. And now... Our deputy city manager took it to another level. Anyways.

I believe they have a competition going.

They have a competition going. Okay. All right. But anyways, let's have an expedient meeting. God bless you all. Hopefully we can get through this before midnight. Thank you.

Mayor Michael Joseph.

Thank you. Good evening, everyone. I want to say my condolences to Kathleen and her family and lots of their matriarch as well. Commissioner John, it was a beautiful event. I was able to make it. It was something that I think highlighted a lot of the history of North Miami Beach. And it's on replay on Channel 77, so please check it out when you guys get a chance. I want to make sure that we move forward in an expedient manner, but just in time for the Jewish New Year, we have a recommitment sponsored by myself, as well as Commissioner Smuckler, reaffirming this city's commitment to combating antisemitism. it is in the rise and we are you know we might have differing ideas on how we combat certain issues or tackle issues but we seem we are very resolved on that issue so i'm happy to i'm happy to that it's going to be on the consent we're going to get that through and hawks and mac happy new year thank you next item city managers report

All right, fantastic. Thank you, Mayor and Commission. I'm very excited to present you updates on where we are in the administration. I first want to acknowledge three very, very important new hires. Please stand when I call your name. Avril Smith, CPA.

And remain standing.

Ann Myers, please remain standing. And Guillermo Andrade de Cordozo, also known as G. So these are three new phenomenal hires here to run the departments here in the city of North Miami Beach. I'm very, very excited about these hires and they have hit the ground running. Avril Smith is a CPA that we poached from West Palm Beach. And she has just been jumped into one of our most challenging departments and the evidence of her presence is already felt and known and seen by all her colleagues. Ann Myers is a long term employee of our library. She knows this community. She knows our staff. She knows the support structure and she understands what the community wants and needs. She jumped in right away. and has just been phenomenal with pushing these programs forward. And the efforts of her work are even exemplary in our budget, as we'll discuss in our budget meeting. And finally, Gee, who we poached from Oakland Park, with one specific task that he rose above all of the other candidates. and that is his ability in understanding cybersecurity and AI. We are looking at implementing those tools, we're looking at hardening our digital spaces, and he is the perfect man for the job. So please join me in welcoming these three new phenomenal hires. Thank you, thank you. Now we are in budget season and so I wanna say thank you to all of the residents that have come out and participate because very much like your elected officials as your city manager, it's so important to hear your voice, to hear your participation. It's very, very difficult come January when residents request a meeting with the city manager and go, I wanna see the money spent like this. Well, the time for your elected officials to hear that feedback, as they've said, is now. So please participate. Come out. And this is one of the most important budget seasons. And we're doing great work. We've hired a new budget team. We've hired a new finance department. and what we've been able to produce on behalf of the residents and our mayor commission i'll have to say without bragging is nothing short of phenomenal under our current projections we're going to take this current year of a 12 million dollar deficit our projected deficit of 20 million dollars and turn that into a 20 million dollar surplus so that is something that if you have any questions you want to kick the tires you want to get into the weeds and look at the numbers we're prepared to do So please, please, please come out and support. Be knowledgeable. Let your voice be heard with regard to the budget. Next, in the budget, I'd like to bring your attention to three departments as we discuss them. First, I want you to look at the work that the IT department is doing. We spend millions of dollars a year on subscription fees, and we now have an IT department that is looking at utilization of these digital programs and eliminating those we don't use. Imagine that we found several programs that we spend $100,000 or more And the IT department is able to see the last time an employee logged into that program. So we're spending, you know, $10,000 a month on a program that nobody's logged into in six months. So we're eliminating those programs and realizing millions and millions of dollars in savings. So I want you to pay particular close attention to that. Next, our star performer under our budget has to be our public utilities department. to be able to continue. One of the goals that we had is to not reduce services to our residents. So if you look at our budget, you'll find all of the programs from last year are still in the budget. Not a single program has been eliminated. All of the services that we provide to the residents are still in our budget. Not a single service have been eliminated, but we've been able to save millions by tightening our belt straps and doing more with less. And the perfect example of that is our public utilities departments. So that is our gold performer. Our superstar performer, surprisingly enough, because many cities consider them to be bloated and excessive, but it's our North Miami Beach Police Department. We're having a phenomenal year. They were just in the Miami Herald discussing the reduction in crime here in the city of North Miami Beach. So please, please, please, let's acknowledge them for that effort. It's nothing short of outstanding. This is the first time in a fiscal year, in over a decade, that the city has hired 10 police officers. Our total for the first time in a decade. This is the first time in 20 years that the city for the fiscal, for the entire calendar year, we have hired 22 police officers. So we are on track to making the city even more safe. And now on top of that, here is for me as a city manager, my commitment to the police department. This year they're going to add 22 new police officers while reducing the budget by $1.5 million. So that is more money back into services for our taxpayers. So please, please, please, as you're participating in the budget, pay special close attention to that. It is exemplary work. Now onto some, I know that I get questions from both residents and our commercial sector and community and developers with regarding to our community development. We are aware of your concerns and we are aggressively addressing them. Particularly we want to, I want to acknowledge, since this may be his last commission meeting with us, our interim community development director Eddie Ying, I just want to say that Where the department was when we brought him in has been a phenomenal turnaround in less than 90 days. We were 18 months on our TRAD process, which means that means development couldn't move forward. We've started making progress in our comprehensive plan update, which suspends our community development until that gets done. And we're, for the first time, beginning to do some of our work in-house. So super excited, want to continue to move forward the things that he's put in place and want to acknowledge him for that support. And final bright spot, I want to discuss in detail some of the progress that we've made with our finance department. Real progress, real numbers, a real discussion. Although it can be embarrassing to say, most of you, I hope, balance your checkbooks, which is called a bank reconciliation, every 30 days, as you should, as cities should. Unfortunately, the city of North Miami Beach has been severely behind in doing our bank reconciliations. Once I entered as your city manager, we were nine months behind in doing our monthly bank reconciliation. As you can imagine, it makes it very difficult to manage your cash in those circumstances, and also to direct your finances, even on a departmental level. So I'm excited to say that we are dramatically reducing that time period, that time lag, and we've gone down to just a six-month lag in doing our bank reconciliations. We hope to be back down to a monthly bank reconciliation by the end of the year. FINALLY, I WANT TO ALSO DISCUSS OUR HIRING OF A NEW BUDGET TEAM. WE'VE ACKNOWLEDGED OUR NEW CFO AND ALSO WANT TO ACKNOWLEDGE THE CONTRACTORS THAT SUPPORTED US DURING THIS VERY DIFFICULT TIME, WHICH IS CFLG OR FORMALLY CBIZ AND ALSO ANTHONY BRUNSON, PA. WITHOUT THEIR SUPPORT, OUR ABILITY TO MOVE FORWARD WOULD HAVE BEEN EXTREMELY LIMITED. SO WE'RE ALSO PUTTING SOPs IN PLACE. which hasn't been done in a very long time, standard operating procedures, so every single department has an understanding from the director down to the entry-level staff how that department's supposed to be run in writing. We have completed the drafts for our first three departments, which was building finance and community development and we're moving that forward. So we're looking at also SOPs for accounts receivable and accounts payable. So we're making progress. We're making progress. We're taking things in strides and we're taking these hits and we're addressing them. so finally i know there's a lot of concerns about house bill 1451 which is a nine million dollar hit um the property tax exemptions if it passes that'll be about a 2.5 million or 2.4 million dollar hit the first year 3.4 million dollar hit the second year um but and our deficit that we're in now however with the work that we're doing uh I can attest to this mayor and this commission and to the residents that the city of North Miami Beach will not only survive, we will thrive. And that ends my report, Mayor.

City Attorney's Report.

Mr. Mayor, one final point. I'd also want to acknowledge we have a procurement division that has been vigorously getting its certifications and working on its education, and has been acknowledged by that with the National Procurement Institute's Achievement of Excellence in Procurement.

Yes.

Yeah, I'll be very brief. I do want to just update a couple of quick matters. One is the commercial development called Aura. Working with the manager's office, we've been working with some of the tenants, both the commercial and the residential, also with citizens, and we think we're on the verge of having an agreement. The manager and I are supposed to take a final tour over there. but we think we're going to have an agreement that protects our 41 public parking spaces that we'd previously been supposed to receive. There was some issue, and we think that issue is now put to bed. The other I do want to comment on briefly has to do with our shopping cart ordinance. I received some correspondence indicating that there had been some letters from the Florida Retail Federation I do want to point out that when I got the letter, I contacted the woman from Florida Retail Federation the next day. And it found that the letters with a complaint from Florida Retail Federation had never been sent to our office until a commissioner sent over and said, what about this? We were unaware of it. But we were immediately in touch. We had a good conversation. and she indicated she'd get back. And as of yesterday, we did hear back from Florida Retail Federation advising that one of the other cities that had an ordinance had decided to repeal their ordinance. So I'm gonna forward that correspondence, just came yesterday. There was some question about why we didn't talk about the Attorney General opinion. Of course, we adopted our ordinance way back last November. the Attorney General opinion was only issued in January. I don't really completely agree with it, but obviously we're not looking to litigate what my suggestion, and I'd be happy to talk with the sponsor further about this. We did hear back from FRF, as I said, just yesterday, and we're gonna pursue that further. My conversation was that this is in the interest of the businesses as well as of the residents for there to be something done about it. We think there's an ordinance that can be crafted that does not violate the statute. I think the AGO opinion was not really quite on point. But what we talked about was working with FRF to come up with some solutions that the business community would not object to. So my suggestion is that we pursue not just repeal, but that we talk about an amendment to the ordinance that won't violate the statute. I don't think the current one does, frankly. I don't agree with the AGO opinion, but... that won't violate the statute but that would be business friendly because it's in the business's interest as well as in the residents and the city's interest for there to be something to curb this problem. So that's the path that I think we can go and I did want to just give you that update because the correspondence just came yesterday. That concludes my report.

Mr. Mayor, may I have a moment of personal privilege? I unfortunately forgot to introduce Autumn. Will you please stand up? I want to introduce the public to my new assistant, my new aide. This is Autumn Flint Burns. She has my phone. She'll be taking messages. You can reach me 24-7, but sometimes you'll reach me through Autumn. And she comes with a vast knowledge of political world, as her father's very involved. and she has unbelievable background to take care of not only me, which is her priority, but to take care of the entire public. So Autumn, thank you and welcome, and I wanted the people to see your face when they talk to you. Thank you very much.

All right, next is city clerk.

I'm going to be very brief. First, thoughts and prayers, deepest condolence to Ketley Joachim and her family. We are in election season. Please note that election day is November 3rd. However, to register to vote will be October 5th. Please stop by the clerk's office. We do have applications where you can register to vote there. Commissioner Daniela Jean, I attended your beautiful, beautiful event, the classical musical, and everyone said it, but I really enjoyed it. You coming out with the clarinet, I believe that was my favorite part, so thank you for that event, and that's all for me.

Voter registration event.

The very have the baby of the voter registration event coming up or no there is a voters registration is not coming from the clerk's office. But it isn't you leader okay.

All right and that information is public and on our website next item is cons consented to approve the consent agenda. All right city attorney.

Mr.

Following items are on the consent agenda. Item 12.1, special commission meeting minutes of July 14th, 2026. Item 12.2, commission conference minutes meeting of July 1st, 2026. Item 12.3, regular commission meeting minutes of July 21st, 2026. Item 24, budget workshop minutes of August 20th, 2026. item 12.5 has been pulled for discussion item 12.6 has been pulled for discussion item 12.7 resolution number r2026-106 approving acceptance of for the department of environmental protection dep legislative funding award for highland village drainage project phase one sponsored by the city manager resolution of the mayor and city commission of the City of North Miami Beach, Florida, accepting the Florida Department of Environmental Protection, DEP, Legislative Funding Award, L0507, in the amount of $325,000 for the Highland Village Drainage Project Phase One, authorizing the city manager to execute the DEP grant agreement and all related documents authorizing the public works department to administer the project and carry out all grant requirements providing for scrivener's errors providing for incorporation of recitals and providing for an effective date item 12.8 resolution number r2026-107 approving acceptance of the hazard mitigation grant program HMGP award for the Citywide Stormwater Master Plan sponsored by the City Manager, Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, accepting the Federal Emergency Management Agency FEMA Hazard Mitigation Grant Program AWARD FOR PROJECT 4673-305-P52 IN THE AMOUNT OF $216,153.75. AUTHORIZING THE CITY MANAGER TO EXECUTE SUBRECIPIATE AGREEMENT H1458 AND ALL RELATED DOCUMENTS AUTHORIZING PUBLIC WORKS DEPARTMENT TO ADMINISTER THE PROJECT. providing for incorporation of recitals providing for scriveners errors and providing for an effective date item 12.9 resolution number r2026-108 approving and authorizing a contract extension and increase for the purchase of liquid lime sludge loading hauling and disposal services with pro-lime corporation sponsored by the city manager resolution of the mayor and city commission of the city of north miami beach florida APPROVING AND AUTHORIZING A CONTRACT EXTENSION TO THE PREVIOUSLY APPROVED CONTRACT WITH PRO LIME CORPORATION FOR THE PURCHASE OF LOADING, HAULING, AND DISPOSAL OF LIQUID LIME SLUDGE IN AN AMOUNT NOT TO EXCEED $110,000 PER MONTH FOR UP TO FIVE MONTHS. AUTHORIZING CITY MANAGER DESIGNATED TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Item 12.10 has been pulled for discussion. item 12.11 has been pulled for discussion item 12.12 resolution number r 2026-111 approving task order for professional engineering services for nwtp well field condition assessment with hazen and sawyer sponsored by the city manager resolution the mayor and city commission the city of north miami beach florida approving and authorizing a task order for professional engineering services for the norwood FLIR WATER TREATMENT PLANT WELL FIELD CONDITION ASSESSMENT IN AN AMOUNT NOT TO EXCEED $163,630 WITH HAZEN AND SAWYER UNDER THE CONTINUING SERVICES AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES AND AUTHORIZING CITY MANAGER OR DESIGNATED TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION PROVIDING FOR CONFLICTS, PROVIDING FOR SCROOVING ERRORS SUBJECT TO THE BUDGET APPROPRIATION AND AVAILABILITY OF FUNDS AND PROVIDING FOR AN EFFECTIVE DATE. Item 12.13 has been pulled for discussion. Item 12.14, resolution number R2026-113, approving purchase order between the city and BBA Pumps, Inc. for the purchase of two diesel-driven dewatering and sewage pumps sponsored by the city manager. Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, approving and authorizing a purchase order between the city and BBA Pumps, Inc., for the purchase of two diesel driven dewatering and sewage pumps in a budgeted amount not to exceed 131 860 authorizing the city manager or designated to all things necessary to effectuate this resolution providing for conflicts providing for scrivener's errors providing for severability and providing for an effective date Item 12.15 has been pulled for discussion. Item 12.16 has been pulled for discussion. Item 12.17, resolution number R2026-116, affirming the city's commitment to combating antisemitism, sponsored by Mayor Michael Joseph, cosponsored by Commissioner Fortuna Smuckler. A resolution of the Mayor and City Commission of the City of North Miami Beach, affirming the city's commitment to combat antisemitism. and adopting the International Holocaust Remembrance Alliance, IHRA, working definition of anti-Semitism, providing for conflicts, providing for scrivener's errors, providing for severability, and providing for an effective date. That is the consent agenda.

Can we have someone from the back come out, please? to approve. Do I have a second? Second. All in favor say aye. Aye. Next is quality judicial, Madam Clerk.

Move to introduce resolution number R2026-117, Prestige Motors.

Do we have to discuss items that were approved or no?

Mayor, is there a second?

Second.

Okay. It's been seconded, Mayor. Item 13.1, quasi-judicial. Resolution number R2026-117, Prestige Motor Imports Conditional Use, sponsored by the City Manager. a resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, approving the conditional use and site plan application located at 15090 Biscayne Boulevard, North Miami Beach, Florida, for prestige motor imports for the construction of a 48-space parking lot as part of a parking lot use, providing for findings of fact, confirming expiration and limitation of approval, providing for conflicts, and providing for an effective date.

Jennings, discussion. I could email my presentation.

Before Mr. Eng, we have to ask for the Jennings Disclosure. Okay.

Okay.

Per Resolution R95-24, the subject matter of any ex-party communications together with the identity of the person, group, or entity making the communication shall be disclosed and made part of the record on file with the City prior to final actions. We have received Jennings Disclosure forms from Commissioner Smuggler, Commissioner Jean Chernoff, and Commissioner Hsu. So, Commissioner?

Commissioner Smith? I spoke to the owner of the company a couple months ago just about permitting. He wanted to discuss the fact that it was taking so long to get through to the city. That was all. We didn't discuss the project just... Could I move along?

Commissioner, I couldn't hear you very well. You spoke to whom? The owner. The owner. Brett David. And are you able to make a decision on the item? I am. Okay, thank you. Vice Mayor Floriman.

I've not spoken to anyone on this item, and I can make my decisions based on the relevant information presented this evening. Thank you.

Mayor Joseph. Thank you.

SPOKEN TO THE OWNER AND I THINK STAFF LONG TIME AGO BUT AND I CAN MAKE A DECISION BASED ON THE EVIDENCE PRESENTED ME THIS EVENING THANK YOU THANK YOU THANK YOU MAYOR COMMISSIONER ONE SECOND OH YEAH SWEARING IN SORRY SORRY

If you plan on providing testimony on this item, please stand if you're able to do so and raise your right hand. Do you solemnly swear that the testimony you're about to give shall be the truth, the whole truth and nothing but the truth, so help you God? And your answer is?

I do.

Okay, just when you come up, aside from these two, if you did swear and just state that you sworn in, because I can't see everyone who did. Thank you. Mayor.

All right, so I'll introduce the item, Mayor. So let me just give a little bit of background here, because I think this is a perfect example of some of the challenges that we are working through. As we said, as I hailed Interim Community Development Director Eddie Ings, saying his praises for the work that he's done jumping in here, this is one of those examples. There are several development projects that have been bogged down and mired and not progressed. Sometimes those don't make it to my office. I'm so grateful for Commissioner Phyllis Smith. The contractor, the owner reached out to Commissioner Phyllis Smith. She then reached out to my office. I pulled Eddie involved and we began to move this project forward. I apologize to you for the delays, but just know that we are aware and we're working on them. So I'll turn the floor over to you now.

Mr. Ding, before you start, clerk reminding we have to open up for public comment.

Good evening, everyone. The floor is open for public comment at this time. When you come forward, please keep in mind that you have three minutes. State your name for the record and please keep your comment only to the item that is being presented. Thank you.

I did swear in. Mr. Mayor, you did say when you got it first into office that you were humbled. You were a humbled mayor. Tonight you're showing that thing again, ignorance, where instead of doing the presentation first so that we can get an idea of what is happening, you purposefully look over to me and then you say, listen, get the public comment coming first because you know that I cannot say anything about the present. Don't say, don't be like surprised. That is you normally. And you would go into the sunset. Excuse me. Exactly like that. Thank you very much for having me.

No, Mr. Kazan, Mayor. I went to the mayor and I reminded him that there was public comment. I didn't say at any particular time, but I was the one that went to the mayor.

He should have corrected you. Thank you very much.

There was nothing to correct. Just reminding him that there was public comment on this item.

Mr. Ning, please come on.

Anyone else?

Oh, is there anyone else seeing public comment now close? Mr. Ning, please.

Thank you, Mayor, Commissioners. As per custom, we would invite the applicant to first present, and then staff will, no worries, Mayor. I know it's been a while since we've had one of these. Like the manager was saying, we understand there have been delays. We've been working through these items to the point where actually today, I'm very happy to report that in our TRAD, we passed three items through TRAD today, so you should expect that to go to Planning and Zoning Board October and be on your docus shortly after that. So we are getting things back on track. I'm very happy to see and report back on. But with that, I want to bring up Mr. Carlos Valdez. Yes, thank you. Who will present on behalf of the applicant and then staff will follow up with our standard staff report presentation. Thank you.

Good evening. My name is Carlos Valve, Valve & Associates. My address is 3564 North Ocean Boulevard in Fort Lauderdale. I'm a consulting engineer. I am representing Prestige Imports, a parcel to LLC, the owner of a half an acre property, Mr. Brett David. He couldn't be, he was here earlier, but he had to run out. He had another engagement, so I apologize on his behalf. This is a property that he has owned for a long time. There is an existing building. It's at the southwest corner of Biscayne Boulevard and 157th Street. And the idea is to demolish the building that is there right now and build a temporary parking lot. as a complementary use to the dealership that it can be used while they're making other repairs to the dealership. Basically it's 48, the parking lot is for 48 new cars, new parking spaces. We're going to lose three parking spaces in the old building while we're doing this, so the net increase in spaces is 45. The drainage is going to be kept on site through a retention system. There is no water and sewer to deal with because it's just a parking lot. We have complied with all the requirements for the landscaping and irrigation, and we humbly request approval for this project. I'll be glad to answer any questions you may have.

Thank you, Mr. Bobby. All right, from staff, thank you, Commissioner Brown, today. We did provide for the staff report, but as per usual, we will, we're going to try to summarize it and bring it back finally, because it's a clause I want to make sure it's on the record, right? And so this location, the folio number is 0722210070120. It's located at 1500 Biscayne Boulevard. And for those in the audience that where it's a little bit smaller, that is the southwest corner of the intersection of 151st and Biscayne Boulevard. It's currently a... There's a small building there and the applicant is looking to demolish that building. It's not currently occupied or serving any use at the moment. It is a property that is on Biscayne Boulevard and zoned as B2, which means there are very specific conditions that need to be done. Otherwise, in order for this property to have been able to develop in the first place. The proposed land use here is parking extension of automobile sales use. If the Commission recalls, back in 2016, Prestige Ammonia Imports came in with a site plan for the property itself, and the operating, and even the whole time, it came with future expansions, and this is an expansion of that use. So while this is a site plan, this is not your normal site plan that you normally see because this is really a thing when we heard at the planning zoning board on July 13th, and they voted 5-0 to recommend approval, by the way. This is something that... If it was just by itself, you would have to grant a whole number of variances in order for the site to be developed because of all the conditions that we have placed upon it from a zoning standpoint. You won't see that in your pocket this evening because there will be a unity of title and this is really to be treated as an expansion, a site plan modification of another site, even if it's a standalone right now. So it's a little unusual in that regard. Our site plan review, as per normal, involves the site plan, traffic and circulation, landscaping, and the conditional use application subject to the aspect that you see, the requirements you see in the code. When we looked at the site itself, I apologize that it's really small on the screen, this is a 24,102 square feet lot. Normally for a site of this size, you would require three acres. 24,000 square feet is significantly less. But this is why I say it's unusual, right? And the way that we are recommending the commission look at it is there is a unity of title requirement that the applicant has agreed to. that you need a title combined with the rest of the site is what allows you to get to three acres. And that's why I'm terming this as an expansion of an existing site use, although this really needs, I guess, you know, use to extend to this site as well. And this is an important distinction because, again, otherwise you'll look at a variance if you don't grant it. you wouldn't be able to build on this site at all because of the requirement. Similarly, the minimum lot within this area would have been 100 feet. It's at 90, and we note again the unit of title conditions and so forth. You know, we're going down the site plan review aspect. There's no building proposed here, so those portions don't apply. It does meet the perviousness requirements for the site as well. now there are some aspects that we see here that we presented to the planning and zoning board uh which uh staff had uh concerns about and the applicant had addressed and that's how to deal with the existing exit to the north because it's so close to the intersection and a rail line that exposed an issue the applicant had agreed to own to block those off with ballers and only if the city um drew a special event permit or some other process allow for loading or set up to their will they be opening up those items and this is the safety issue that on review of the site we felt needed to be addressed and the applicant has agreed to the conditions that you see and what's before you this evening. We staff reviewed through everything with the conditional use review standards, whether it's, and these are standard in our code. It involves everything from whether or not we'll be compatible with surrounding use. You already have a property that's thought that it's an extension of and what the commission has granted as that conditional use and expansion of that use. no detrimental effect on neighborhood property values. We note that on review and the applicant actually went to extra length to provide better landscaping around the edge. Usually when you have something come in for a parking lot, it's kind of like bare, you'll see the vehicle stock, but this applicant has come in and actually try to think about that beautification along the edge, that shielding. So that's where staff reporting favorably back on the continual use review standard that that code requires us to report back on other aspects include adequate setbacks and so forth and staff finds uh no objections on this um there are a number of site uh conditions approval that or within your pocket which i've already noted that you need a title and so forth um and again no building proposed and your option denial are to motion to continue with direction, motion to recommend approval, or motion to recommend denial.

Thank you, Mr. Nunez. Yes. Mr. John.

Okay. Mr. David and his family have done a wonderful job. in our community. They've had an upscale dealership on Biscayne Boulevard forever and it's attracted other dealerships to come now and he continues to make his site beautiful. So I don't see any problem with approving this application.

Commissioner Smith.

I think I think eventually Mister David has unbelievable plans expand and that is going to be a real game changer for our city. But this right now it was really crazy circumstances that even acquired this and paid much more than he ever thought. But I will tell you I think the right thing to do is to take that old building down anyway. And I really think that this is the first step in seeing amazing things happening with the David property. Thank you.

Anybody else have a motion? All right, Madam Clerk, can you do a roll call?

Commissioner Chernoff?

Yes.

Commissioner Jean?

Yes.

Commissioner Smith? Yes. Commissioner Smuckler? Yes. Commissioner Hsu?

Yes.

Vice Mayor Florman?

Yes.

Mayor Michael Joseph?

Yes.

Next item?

Thank you very much. Next will be the items that were I think we go back to the poll items mayor. So let me go back to those.

Mr. Mayor, can I have a point of personal privilege? This is to the city manager's office. I know there was mention that Mr. Ed is leaving. Do we have a list of applications that are in the pipeline? Can we get that? A list of applications?

Oh, sorry.

If we can get a list of, I know he's been cleaning and trying to get everything up to date. If we can get a list of applications that are in the pipeline for approval or to come before us. Because I know this kind of came out, obviously they were working on this for a while, but it took some time to get before us. If we can get a list of projects that are either in the pipeline or

From the department level so we can yes, that's actually in the budget commissioners on okay.

Thank you All right next item I think next would be item, the pull items. So we'll go back to item 12.5. Resolution number R2026-90, change order to contract with Tech Group One Inc. for the installation of transit bus shelters at various locations of North Miami Beach, sponsored by the city manager. A resolution of the mayor and city commission of the city of North Miami Beach, Florida, authorizing a change order to the contract with Tech Group One Inc. Increasing the estimated expenditure by $92,799 for transit shelter amenities and outdoor equipment installation. Authorizing the city manager or designee to do all things necessary to effectuate this resolution, providing for conflicts, providing for scrivener's errors, providing for severability, and providing for an effective date.

Mr. City Manager? Thank you, Mayor. So this is an item coming from our public works department in order, a long-term item that we've been working on to improve our bus shelters. And I have our interim public works director, Hamid Nikvan, here to answer any questions that the commission may have. Who pulled it? Vice Mayor McKenzie Florman.

On the water issue? Bus shelters. I'm sorry. Yes. of a briefing on the item.

Good evening, Mr. Mayor, Commissioner, City Manager, Office, and Public. This item before you is about retrofitting existing bus shelter and installing new shelter on different locations. There were different phases. Five bus shelters have been successfully retrofitted on several locations, which the work on phase one is being completed. Now the phase two is to do installation of new bus shelter. which the design is also being completed and we're going to retrofit two and install new one in this phase and then subsequently we will go the following year on addressing the remaining bus shelters we have across the service area and that's the item that's been adopted in the budget and we're just pursuing the approval from Commission for that.

All right, thank you. When it comes to the above shelters, I know we had a whole conversation about that. I won't belabor the point. I just wanted to make sure that we had an understanding of what it was, because there's a lot of things on consent today that at least the public should get some clarity on. And what I'm seeing is the bus shelters that we had that were in storage that we went out and we installed, they're all done. I like the fact that we have the glass in the back with the city logo and everything. That's beautiful. But I remember maybe a year or two ago, we had talked about Aventura has the bench that they have is a... It has an angle where people don't really sit. They lean on the bench and it prevents... you know, people from using it as, you know, a place to sleep, et cetera. So you're talking about designs. Is that something that you're considering?

If we want to do any new, but we can certainly consider any improvement like that into any upcoming modification or retrofit for future work that we're going to implement. But that wouldn't be taking place on this? Not if it's completed for the one that we're going to do the final installation, but we still have some retrofit and upcoming shelters that needs to be modified or improved. But I can certainly also look into the existing one that is on the queue right now to see if there is any possibility with minimal impact as far as financial side of it to consider a certain change if need be. I can report it through City Manager Office to you, Vice Mayor. Thank you.

Thank you it's a $150,000 for 3 bus benches. And 49,000 change. 92,000 the original contract with 131,000 is that there were said that it's required to complete the project increasing the contract amount to 149,000 it had 18,000 left.

Yes, and now we're requesting the change order to increase it for $90,000.

About $130,000 for the three bus benches?

$242,000 is total adjusted contract value now.

Are the bus benches being placed with consideration of the trolley, where the trolley stops?

If it's in the route, definitely it will be utilized on the routes from trolley services as well. I don't have all the routes in front of me, but yes, some of them are within the trolley routes, too.

I think that's important that the bus benches be with the trolley. I don't think the public transportation does go through North Miami Beach, and people do use it, but I think they use the trolley much more, and they don't want to stand and wait in the sun, so we need to consider that.

Thank you, Mr. Mayor. The question, I think initially we had approved 13. Yes. Once upon a time, we had approved 13. You said of the 13, you have five right now that you're seeking approval for. Is that what?

five has been completed already on phase one 167th street and 8th avenue 62 163rd street and 15th avenue 163rd street and 17th avenue 163rd street and 28th avenue were completed in phase one

can you all send, do the mayor, can you all send us a list of those that have been installed and the pending locations?

It's on the staff report on the agenda.

So in synergy to what Commissioner Smith mentioned, You all have to, because we don't have a strategic transportation plan, unfortunately. And I know a lot of the county lines have been removed. Some of them have been removed. So for the ones that we actually own, and for those lines, the bus lines that actually have been removed, there has to be some sort of synergy there to ensure that we're not duplicating anything. So I'm not sure if you all did that due diligence already. If not, I would love to get a follow-up on that.

We will take that into consideration for some strategic planning as well.

Originally, there were two contracts signed. What happened to the other group?

As far as bus shelter?

The vote for the bus shelters, yes.

I don't have the information as far as the two procurement have more information if needed, but I know this is a contract that we're going to utilize for the improvement work right now.

Right, but we signed another contract that we're not utilizing.

I don't have that information in front of me now, but we can certainly look into it. Chief Procurement Officer is here.

Good evening, Mayor, Commission. I believe you're referring to the bus advertisement agreement am i there was this is for the shelters that was put in place a few years ago um and the design and all of that went through commission over the last couple years um and this is to finish that up the two agreements that you're referring to is the bus um the the bus advertising agreements where they maintain and put advertisement out on the buses yes that's the bus yes thank you that's different thank you move to approve mr mayor

All in favor? Seconded. All in favor say aye. Aye. Next item. Thank you.

Thank you.

Agenda item number 12.6, resolution number R2026-97, development of an arts district and cultural corridor along Northeast 164th Street and Snake Creek Canal, sponsored by Commissioner Phyllis Smith. A resolution of the mayor and city commissioner of the city of North Miami Beach, Florida for development of an arts district authorizing city manager or designee to do all things necessary to effectuate this resolution, providing for conflicts, providing for Scrivener errors, providing for severability and providing for an effective date.

If this is the arts, I like to pose and bring it up next month to take it off tonight's agenda and bring it up next month. It was supposed to have changed with it. No changes. So you may hold it.

But was it your your poor I hope right. So you want to refer. Yes, I wanted to have a look at my second all there's a high next item.

Agenda item 12.7 no 12.10. I'm sorry. Agenda item 12.10, resolution number R2026-109, approving and authorizing award of RFP 2026-02 for North Miami Beach Water Strategic Communication Services, sponsored by city manager, Darvin Williams. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH CIRCLE OF ONE MARKETING INC., THE LOWEST RESPONSIVE AND RESPONSIBLE PROPOSER TO PROVIDE STRATEGIC COMMUNICATION SERVICES FOR THE NMB PURE INITIATIVE IN AN AMOUNT NOT TO EXCEED $148,000 SUBJECT TO BUDGET APPROPRIATION AND AVAILABILITY OF FUNDS AUTHORIZING A CITY MANAGER OR DESIGNATED TO EXECUTE AN AGREEMENT AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION AND SUBJECT TO THE BUDGET APPROPRIATION AND AVAILABILITY OF FUNDS AND PROVIDING FOR AN EFFECTIVE DATE. WHO PULLED THAT OUT?

COMMISSIONER THORMAN.

THANK YOU SO MUCH, MAYOR. SO I PULLED THIS ITEM BECAUSE IT'S A BIT VAGUE IN ITS TRAJECTORY, AT LEAST FROM MY SEAT, RIGHT? AND I THINK THAT FROM WHAT I'M HEARING BUDGET-WISE AND WHERE WE'RE TRYING TO GO WITH THE WATER UTILITY AND THE INFORMATION THAT I'M GATHERING HERE, If it's about residents knowing about NMB water, et cetera, et cetera, at least in my seat, most of our residents know about our water utility, right? I mean, they drink the water. They use the water. They're very well aware. The direction that we're trying to go into is one of expansion, if I'm not mistaken, from what this commission has talked about and what I've heard the administration talk about. I just don't really see that clearly iterated in the information that we've been given. I just want the direction to be very clear. The organization that has been selected for us to vote on is bar none one of the top organizations in this state, right? That's clear. I've mentioned their name here several times for different projects that I thought they can perhaps work on. So that's not the issue. I think whatever you give them to do relating to marketing, relating to getting the word out, relating to strategic partnerships and leveraging, you know, contacts that they have, they can do. So it's not a matter of ability, but it's a matter of where we want to go with this. And I think that we need a clearer, more precise trajectory for this program that really focuses on the expansion of our water utility and really connections outside of our municipal boundaries. So that's the reason behind that. I think we need more clarity and I'd like to see that presented, even if it's at a later date, I'd like to see that presented.

And that's exactly how I understood it, Commissioner. I understood it that they're going to get somebody there that's going to, not for our residents so much, but for the reeling in of new clients, new users. And I think that reading it like that, you'll understand that it's minimal amount of money if it works in our favor. And that's why I actually had no questions about it.

Thank you so much I want to piggyback off of commissioner. Floor on rice my smear. In reference to the relationships that we even have a current commercial commercial accounts so you know you know all the accounts that we have obviously a lot of big commercial accounts so the scope is. to his point, great, but we need to really have a follow up to see what direction you're trying to go into. In essence, I know you might elaborate on that tonight. But I mean, Commissioner Smith has no comments. That means, you know, we're on track. But I want to also see that that relationship with some of the bigger commercial entities that we have, that this scope should include that as well, if it doesn't already.

Okay. Through the Mayor to Commissioner Jeon and Vice Mayor, What this item is is exactly how Commissioner Smith described it. Per the letter, I couldn't describe it any better. This is not an item where we are going to be advertising to current water customers already. This is an item, we are in competition right now. We are trying to secure over $6 million in contracts through our regional water facilities from area cities. So this contract is to target those, to make in their minds NMB Water number one when they're thinking about where they're gonna buy their water from. We're in competition with the county, we're in competition with other facilities, and if we can do an investment of $148,000 to pull down $6 million in contracts, I think it's an investment well worth it.

I guess and I second that motion.

Yes.

My thing is, is that enough? And the reason I'm saying that is because our current customers, the changes in what happened with the county, I think someone mentioned it, you mentioned it last meeting, Commissioner Smith. A lot of folks are not educated on what's happening. They're a customer, their bill is increased, but they're blaming the city. And also we may be looking to to some different scales as it relates to our current model currently. So there has to still be outreach to our customers to let them know. So does this cover that scope?

No, we already have in the budget outreach funds on a regular basis, such as we're going to be putting a notice in all of the water bills again, informing the residents that, hey, this increase is coming from the county. This is not coming from the city of North Miami Beach. So we're always going to continue to inform our residents, do outreach to our residents, and also to have them be able to give us feedback. So we'll continue to do those regular exercises on top of doing this.

I just feel like it's not enough what we're doing currently. It's not enough. Maybe you can look into that and just seeing how we can increase that internal.

I would say we would do that.

Yes.

Perfect. Through the mayor. So, It talks about strategic communication and planning, branding and creative development, digital media, public relations, community engagement and outreach, events, conferences, public presence, analytics and performance reporting. What I'm not seeing is who are the deal makers, right? Who are the ones that are going to sit at the table and make sure that these deals get done outside of your office, right? To make sure that these deals are... are solidified and opportunity, because this is not telling me that we're going to, how we're going to communicate and get into the offices of other managers in other cities to really hone in on bringing them in as clientele. That's not iterated here.

Well, through the mayor, to Vice Mayor Floremon, and to, again, Commissioner Jean, those functions, those duties, as the state statute states, your city manager is your chief negotiating officer. So those functions, I am not authorizing those functions to be outsourced. Those will remain the purview and the duties of the city manager. So we'll be doing the outreach to area, as we've been doing, to area city managers to connect with them, to push our contracts, to negotiate our contracts. This is an advertising component to help us get our foot in the door, get us some name recognition, and put us at the top as far as preference.

And I appreciate that. To Commissioner John's point, I want to see the full plan.

So let me be clear on the guidance that you want. So is the recommendation to pull this item? Nope, that's not the recommendation. Okay, so...

That's not the recommendation.

Are you adding additional emphasis?

What I'm saying is this highlights the fact that we need the full scope of what we're going to do. No, but do you want to add any additional amendments so it could be... This item, if it's purely an item that's about marketing, I'm not going to add a negotiating component to a marketing firm because that's not their forte, but it brings to light that we need a full plan that we're going to be able to see how this fits within that plan, right?

So you want to see... How are we going to utilize this once we get...

Correct.

Once we come on board, how are we going to utilize it?

Okay, so you want us to tell you how we're going to meet with other city managers and what we're going to say to them? Is that what the question is?

That sounds like a simplified version of the question. But when you have an opportunity, the full scope of what it's going to take for us to expand. I mean, from the presentation that I recall from the other day, what percentage of our... What percentage of... of usage do we have as far as our ability to produce water, the amount of gallons that we produce versus the usage?

We have 15 million gallon production surplus. And as you read on the RFP, it says strategic communication and planning clearly emphasize on infrastructure investment, regional engagement, including stakeholder coordination and support for proactive and communication as well as part of the breakdown on that item that's been advertised. So the goal is to utilize these firms to facilitate those type of engagement and strengthen our position when we come to some negotiation table through city manager office with other cities that we might want to introduce the opportunity for them.

Yeah, I want to see the full prospectus, Mr. Manager. So your office can figure that out? Okay, and come back to us or provide it to us in email form. I just wanna see how we expand this water utility and acquire other clients. And I don't think it's just as simple as making a phone call and setting a meeting. I just don't think it's that simple. I think if I look at your presentation, 60 pages of information. So the expansion of the water utility, you know, is a very, to me, it should be a very detailed conversation. So, you know, that's, and I don't want to belabor the point. I understand that we had some, yes, sir.

I just want to be clear. What I described to you is what we're doing. Now, if you want us to do something different, we can do that. But if I send to you what we're doing, we've already had meetings with multiple cities. We're already have in those conversations. We're already trying to push the needle forward. And so and I want to make sure we're talking about the same thing. I'm talking about getting additional contracts and additional municipal customers, not and but expanding the water plan is a different conversation.

Hmm.

No, I'm talking, we're on the same page. Okay. We're on the same page. Okay. I mean, we have the capacity. Yes, we do. Right? And so we need the clientele. Yes, we do. That's basically what I'm saying. Yes. And so I'd like to see what you've been doing, what your goals are, plans are. I need to see the prospectus so that we can have full and complete buy-in. I think that's- Okay, so- Can I add something to that, Mr. Mayor, through the-

Vice Mayor, can we have a 30-day date, sir, and presentation of what the campaign will be and any progress has been made in the time?

Absolutely.

Would that be sufficient? Yes, that's fine. Last thing, I know we had some PIO dollars within your budget, no? At some point, I believe we had some PIO dollars. Communication dollars? Yes. We call it professional services, yes. So I believe, Greg, you're familiar with that funding?

I want to make a amendment.

Okay, so that funding, is that what we're pulling from for this? Yes.

uh what what have we done with that with that source of funding uh we're pulling the fund from water fund uh through the professional contractual services available fund within the water budget yes sir okay so that's a yes yes okay all right so i i'll do i'll make a motion to approve uh there was already a motion oh it is okay we're amending it to add the 30-day

Oh, yeah. So, yes.

If you will, Mr. Mayor, the maker of through the mayor to Commissioner John, I'd like to get an opinion. This was a solicitation. So if we're going to make an amendment to the solicitation, I would like to get approval from the city attorney's office that that solicitation amending this solicitation will not require us to put it back out.

I don't think that's what happened. We're not amending it. We're accepting it. What we're adding to it is that in 30 days, if you can present us once you've worked with the vendor. Oh, fantastic. Yes, yes, yes, yes. Make that amendment, yes? Do we have to make a motion to move on?

So, Mr. Mary, if I may, I'm sorry to interrupt you. I just want to be very specific, because she says what we're adding to it, which may be where the city manager thought that there was an amendment to the actual solicitation itself. So the solicitation, as presented, would be approved. What we're requesting is that in 30 days they come back and show us what the plan is. So we can all get excited, we can all get behind it, and then we can start... you know, hitting the streets together. And you know what I mean? Yes. That's what we're saying. I would love that.

This is not an amendment. It could possibly be a motion. It's not an amendment, what it is. You're proving what's in front of you. And you're accepting, presumably without objection, a second motion that relates to the project because you're talking about it so you know there should after you vote to approve the mayor can recognize it although it's not agended it's not an action it's just an act an amendment for a motion to ask for a report by a date certain from the manager so that's nothing that you know you can't do you have every power to do that thank you But on the motion first.

Yes, so we're going to most okay so there's no men that right we're just voting on the motion of the second all of them say aye aye now we're going to record now we're going to recognize the record of motion.

The motion the motion if you can make sure that I'm saying correctly so well, I'll be I'll be happy to but I I think the sponsor, you know, I'm not sure if it was Christian John advice mayor that no sponsor it was it was old.

It wasn't as I made the motion for the 30 days.

OK, yes, and commissioner would you just restate your motion if it needs any correction, I'll do it.

30 days from now at a meeting, if you can present the report, the result of the campaign as it relates to what the plan is for it.

So I'd phrase it this way, if I might, based on that, Commissioner Johns has a motion that the city manager present at the next meeting or?

Next meeting.

At the next regular commission meeting, the city manager present a report on the results of the,

campaign of the campaign to uh update the commission on on how that's going all right uh i have a motion no i i'm sorry i have a question you know i can we just make this a request and we we don't we haven't even signed the contract we don't know if the company can do it in 30 days like we can't hold them to it and then we can't hold them to it okay so it's a request we don't know why are we making a motion we don't know if the company Do we need input from this company to do this?

Absolutely, what I was going to do to meet that 30 days, you're absolutely right. We haven't even signed a contract yet. I was gonna take notes from our first strategic planning session with Circle of One and then come back and present that. That's probably likely the only thing that'll be ready within the next 30 days. That's fine. I thought so.

That's fine. I'm not voting for it.

All right, we have a motion and a second. All those in favor? Aye. Aye. No.

Next would be item 12.11, resolution number, oh, we need a motion, I'm sorry. Motion.

Motion to introduce. Second. Second, all right.

Resolution number R2026-110, approve and authorize an increase in the annual expenditure by a contract change order with Invoice Cloud Inc. for the purchase of electronic billing and payment software solution services sponsored by the city manager, resolution of the mayor and city commission of the city of North Miami Beach, Florida, approving and authorizing an increase in the annual expenditure by $50,000 by a contract change order with Invoice Cloud Inc. for the purchase of electronic billing and payment software solution services. Authorizing the city manager to do all things necessary to effectuate this resolution, providing for conflicts, providing for scrivener's errors, providing for severability, subject to the budget appropriation availability of funds, and providing for an effective date.

Move to approve.

One second. Second. Second. Mayor, it was pulled by Commissioner Smith.

Yeah, that's that is I pulled this because the manager and I discussed it today I read it. But I was trying to find out if that 107 $712,000 is per year to collect that's that it turns out it's the software to collect the money. But is that per year the manager was going to check and report tonight, yes.

Yes, ma'am, through the mayor. There is no software. This is a payment processing. When people pay their bill, there is a transaction fee tied to it through that platform that we observe the cost for the processing. That reflect the growth on residents or rate payer of utilizing payment processing rather than coming and paying cash, right? So, The increase is above our regular predicted number. We cut the contract and PO for $662,000. Now we're almost two months to the end of the year. We need additional funds to make sure we pass through all those payment processing fees. So it's for the entire year, almost $700,000.

So what percentage of the money we collect is $712,000? Is it just a 2%? 1%? What's the percentage?

It's less than 1% because our total revenue, I believe, is $44 million for water. And I don't have the exact number of what would be the percentage of what we... And the cost goes up based on how many they take care of. It's a flat fee per transaction. It's not tied to dollar amount. So it's like 80 cents per transaction, right? So if your bill is $1,000 or $200 regardless, we observe the cost of payment processing.

Okay.

All right, I understand it better. I don't have any other questions.

Do I have a motion?

We already do. I second.

Oh, all in favor say aye.

Aye. Next item.

believe next item is item 12.13 resolution number r2026-112 approving task order for professional engineering services and regulatory assistance for the city's cycle 3 sanitary sewer evaluation survey with hazen and sawyer sponsored by the city manager resolution the mayor and city commission the city of north miami beach florida approving and authorizing a task order increase for professional engineering services and regulatory assistance for the City's Cycle 3 Sanitary Sewer Evaluation Survey, increasing expenditure by $28,000 with Hazen and Sawyer under the Continuing Services Agreement for Professional Consulting Services, authorizing a City Manager designated to do all things necessary to effectuate this resolution, providing for conflicts, providing for scrivener's errors, subject to the budget appropriation availability of funds, and providing for an effective date.

Commissioner Smith.

So and this one I just it's interesting how they change the rules after we did it and that's after we submitted and so therefore the cost went up but throughout the whole explanation and above the the actual sections it keeps mentioning $88,000 which it's 28 and 50 so It should really be $78,000 and not $88,000. And again, it says $28,000 in Section 2, and it doesn't mention the $50,000 at all that is also going to be added for this expense from the mayor's funds, the mayor's approval. Whoa, no. Yeah, it says it. I said mayor's approval. I corrected myself. No, no, the mayor's approval. Anyway, it doesn't add up. Okay, 1528 is 78. I'll see the whereas, the third whereas, or fourth, one, two, three, the fourth whereas. See it in, so we have to correct it. That's why I pulled it.

Now it's a type of this 38,000. I'm looking at the proposal from Hazen attached to the agenda. It's a typo voting for 38,000, 38,000 increase. Yes, ma'am.

So does everybody have 38 on theirs? And I'm the only one that's 28 or 28, $38,000. It it's a typo it says 28, but it's the real number is we heard they are when I hear to type of with money I get nervous. Yes, not because this is what we're voting on so I'd like to corrected before we vote.

Absolutely.

They can move to move to men just to substitute in and make the motion to men and I think that we should add the 50,000 to the that whereas because it's mentioned every place else.

Yes, that just voter up or down.

Aye. I make the motion. Second. Second.

Aye. Okay, I believe the next one is 12.15.

12.15 or 16? 15.

One five was pulled. Resolution number 12, oh, motion.

Need a motion to introduce.

Okay, item 12.15, resolution number R2026-114, approving and authorizing the renewal of citywide group insurance for fiscal year 26-27 with Aetna, Inc., sponsored by the city manager. Resolution of the mayor and city commissioner of the city of North Miami Beach, Florida, approving and authorizing the renewal of citywide group insurance benefits with Aetna, Inc. for the city's group medical, dental, and vision insurance, 2026-2027 plan year. And the renewal of ancillary benefits for 2026-27 plan year, authorizing the city manager to do all things necessary to effectuate this resolution, providing for conflicts and severability, providing for scrivener's errors subject to the budget appropriation and availability of funds, and providing for an effective date.

Mr. Manager, I'd like to hear your, I reviewed the agenda with staff and I heard their point of view about the city absorbing $511,000 of the increase in the healthcare for our staff. I'd just like to hear your opinion about this because during this hard time, I'm wondering if there's a portion that can be offset by the staff, maybe a tiny increase that we share so that we could move our city forward in the green faster. So that's my question to you. I'd like to hear your thoughts on that.

Yes, so your concerns are valid. There is a reason why we did present this to the Commission for a decision, and that's historically, the city has absorbed healthcare cost increase. So there's been several years since employees, all of us as employees of the city, have experienced any increase. Now, the question is, is that sustainable? And that is a valid concern, the sustainability of doing that. So if it be the Willow Commission, we can look at probably doing some balance. Maybe we absorb 250,000, and then the employees, all of us as staff, I think it's 550, 600 of us, I think only 500 of us have insurance, can absorb that other 250, which probably come to something like a dollar per person. So... We, both courses of action are prudent. One, because it established a base that we are partnerships in absorbing these costs. And that would be something that we definitely could look at, would be the Will of Commission.

So I'd like to ask my colleagues, what do we think about this? And I know there are cities that give free health care. And there are cities that actually, every time there's an increase, they deduct it from the employees. One thing that I think is missing, right, is a conversation that Vice Mayor Floremon and I had to talk about the study that we were supposed to do, the classification and compensation study. If we know that we are compensating and classifying our employees correctly, right, then we would know whether this is kind of like that thing that's in between. If we're underpaying people, of course, I would love to subsidize them with something else that they don't have to pay for. But we still don't really know that yet until we do the classification study. So, I mean, like, in the meantime, is there a way that we can kind of mitigate this a little bit, bring it down a little bit for the city? The employees kind of like, you know, take that and then like, let's move that forward. Right. If we're only doing Classification for enterprise, I think like that could be done like 60 days or something. But if we do a whole city wide classification and compensation study, that might take up to a year.

So let me let me actually let me clarify you on that. So we have started and it can be called classification studies, pay plans, whatever term you're familiar with. We have already initiated pay plans in the building plan, which is an enterprise fund, and also the water department. We are working on doing classification studies pay plans for the rest of the city, which could be three to four months.

Okay.

Yep.

Right. So, I mean, in the meantime, like, you know, we have to pass the budget. We have to, you know, we have to pay EDNA. So, you know what I mean? Like, all of that.

Exactly. That's what I'm saying.

We have to do that now. So, I mean, like, what do we think? How do we think we should responsibly move this forward that we can, you know, be kind to the employees and also be kind to our taxpayers?

Absolutely. Yeah.

So we did raise the employees portion last year, $10?

Five. Five. Five. And that last time, I'm sorry to interrupt anybody, the rise in healthcare costs last year was over $800,000. So that's why there was that five add on, which the city still took the majority of it. And, and, you know, this year, it's another $500,000 increase. So that's, you know, I mean, like, it's 300,000 less, but I mean, like, you know, it's it's two thirds of what it was last year. I just want to bounce this around and let's share with the public what we think, right? If we're going to use the taxpayer funding to subsidize everything for the employees, I'd like to hear about that.

Vice Mayor?

Yeah, so I think when it comes to the word subsidize, I think we also have to be mindful that Part of the reason that employees choose to work for municipalities and give their all is because municipalities are one of the few organizations that still are thoughtful when it comes to employee benefits, right? And when I say thoughtful, meaning the private sector is a bit different when it comes to the approach to benefits, but the public sector allows for employees that really give their all to at least feel like we have their back. And I think, honestly, the renewal, I think this is perhaps ideal compared to what happened last year and what perhaps may be experienced with other organizations and agencies. And so $500,000, the opportunity cost to be able to put some of this quote-unquote burden on our employees, I don't know that it's worth what we're going to experience from a morale perspective when employees are waiting for the pay plan study to get done. Now, once that's done, as you said, Commissioner, I think our employees will be perhaps better positioned to respond to an increase. But at this point I would say, and we have the experts here, at this point I would say as presented is what we should do. Thank you.

If my staff is recommending that this happen, I don't know why I'm questioning it when we're doing a benefit to our employees who fall under the city manager. so i i don't see you know i want to give our employees a more benefit if i can and i'd rather give them a lot more benefits if we can

Thank you. How much are the wellness dollars this time around? Are they the same? $70,000? $70,000. I wanted to give this to the manager. This is an NGO screen that we learned about at Florida League of Cities. So maybe we can also offer this as a provision for our employees who may want to have that screening for heart attack prevention. So they did give us that information. Maybe that could be something that you all look into. But I think you guys can do better for wellness dollars. You know, because that's preventative care is very important. I know we're not supposed to be doing any of that here, but last year we did get a presentation where we were shown some of the incremental changes. So, but I'm off for this.

Off for it.

All right, do I have a motion?

I do have another thing to request. And so I think the PD is doing a full body scan for prevention. And can you, I remember I spoke with the chief and he said that body scan, you know, sometimes like... Live scan. Yes, because I think that that is a more thorough, you know, scan. Usually, like, we get a colonoscopy, we get a mammogram, right? We get, you know, we get, I don't know, a pap smear, whatever it is. These are only specific organs, like, you know, you get a colonoscopy, whatnot. But that scan actually checks out any lung, spleen, pancreatic, you know, like that. It's a whole body scan of any potential malignant you know like tissue that is growing because like in in areas that you don't have nervous systems like you actually you don't realize that you have cancer in that area until it's too late right i'm wondering if like if we keep the same cost like and can you add that in as a scan that is going to be a thorough like physical for our for our employees That's something that I don't know.

It's already in there?

No, it's not. Well, I'm glad that Commissioner Jean brought it up. So we had already received a quote for angioscreen, and we have two dates in September where we would like to provide that to our employees.

But angioscreen is only for the heart, isn't it? Right, heart and arteries. I'm talking about organs, like all your entire body organs, right? Including like skin and whatnot too. So, I mean, that's something that I wanted to add into our preventative healthcare. Anyway, that's a side note. My next question is, I'm just, what else, does anybody kind of lean on my side or everybody is all for the city absorbing 511?

I'd like to know how much it would cost if we split it with employees and how much would cost if employees covered the whole things based on how many people use it. I'd like to know that.

Yes, I did provide that, Commissioner.

We're not deciding that tonight. We're just deciding on whether or not to accept this insurance to continue. And then at the budget season, we can decide that, Commissioner Lynn.

All right. Is that the case? I have a question, Mr. Manager. You said something about a dollar or something. Did I hear that?

Yes, if we have 500 employees and we split the cost with them, let's run the numbers.

Mr. Manager, only 344 employees participate.

Also, we only have 344, so let's say.

Eric Brewer, Foundation Risk Partners. Good evening, everyone. But I can speak to that. We did some preliminary math. If you increase the cost about $5, which is what we did last year, it would essentially divert about $80,000, $90,000 from the city from an expense perspective. Obviously, round numbers here, but if we're talking about a $450,000, $500,000 expense, if we were to increase it $10,000, $15,000 per pay period, you would essentially be splitting that gross increase in half. So I think, you know, to the other points made, I think it just needs to be considered what is the opportunity cost of, you know, a fairly significant increase to the employees and what does that do from a morale perspective.

Would you introduce yourself please?

Eric Brewer from Foundation Risk Partners.

Thank you. Thank you, Mr. Eric. Mr. Manager, I'd like to also ask you a question about this. Do we have union employees also? Yes. What is their health care plan like?

It's the same.

Okay, it's the same.

Yes.

There's no requirement for us to like cover their, their health care in full or nothing like that. No, I've never read the union. No, no, ma'am. All right. Okay.

You know, commissioner. Are you done?

Yeah.

Oh, okay. Commissioner Smith made a good point. What's before us right now is the actual contract. IT'S NOT THE DISCUSSION OF WHETHER OR NOT EMPLOYEES SHOULD OR SHOULDN'T PAY CERTAIN THINGS. SO, YEAH, SO WE CAN'T EVEN REALLY GET INTO THAT. SO I'D LIKE TO MAKE A MOTION TO APPROVE THE CONTRACT.

ALL IN FAVOR SAY AYE. AYE. NEXT ITEM. THANK YOU.

NEXT ITEM IS ITEM 12.16, MOTION.

Motion to introduce. 16 we just did. No 16. 16, motion to introduce.

Item 12.16, resolution number R2026-115, Aventura Rehab and Nursing Center, sponsored by the city attorney. Resolution of the mayor and city commission of the city of North Miami Beach, Florida, amending resolution number R2023-120 to remove the language restricting the use of the word Aventura in the project name and website address. Authorizing the city manager or designee to do all things necessary to effectuate this resolution, providing for conflicts, providing for scrivener's errors, providing for severability, and providing for an effective date. This item was introduced by our office. We were contacted by this private company. They're called the Aventura Rehab and Nursing. They've been in business apparently for many years. I'm told like 50 years. when they're making significant site plan improvements to improve the facility after a number of years, they were approved by the commission to make those improvements by resolution in 2023, which was resolution number 2023-120, but among the restrictions was a very standard thing which the city always does that says we don't want you to use aventura or anything else in your title however in this case they've been called that for decades and they're asking they contacted our office i think they contacted managers woman i know they contacted our office and they asked could we Get this changed. So we agreed. I mean we don't have an actual position We're doing this as an accommodation, but it makes sense Which is why I brought it to you for you to decide they've been called this for many years and They'd like to just continue with their name that's been their name because otherwise the expense of changing and coming up with a new name is It's not just the expense, but they're concerned they'll lose all their goodwill and repeat referrals because people say, look for this company. So we're bringing it to you.

Thank you, Mr. Mayor. Mr. Attorney, how long has Aventura been incorporated?

The city of Aventura has been incorporated about, I think it's roughly 25 years.

Yes, so if they have been open for 50 years in business, they could not have used Aventura, could they?

Of course, that area was called Aventura before it became the name of a city.

And it was in North Miami Beach that it was called Aventura?

The whole development was Aventura.

No, no, what I'm saying is that the area that this facility is in is in Aventura. No, is it?

No, no, it's a North Miami Beach. But like, we've had, we have Aventura Jeep, we have Aventura.

I understand that. Yes, it used to be.

Right. And then you all I believe most of the people on this day is approved to not allow for the name Aventura. I don't know, Commissioner Smith did. Did you do you recall that resolution? recall that i pulled it so i'll talk when you get a chance okay thank you all right so that's my question is if the city was that you know incorporated later and we had to change so i don't i mean i just don't want to just i'm just curious you can't have a business change your name um commissioner smith

I HAVE A LOT OF THOUGHTS ON THIS. BEFORE I CONTINUE, THOUGH, ON THE LAST ONE WE VOTED ON IN REFERENCE TO THE INSURANCE, THERE WAS LEFT A BLANK AND I JUST FOUND OUT I MEANT TO ASK WHEN WE WERE DISCUSSING IT WHAT GOES IN THE BLANK ON THE ACTUAL RESOLUTION AND IT IS THE MANAGEMENT OR CITY MANAGER, WHOEVER RECOMMENDS IT. OKAY. SO I WANTED TO PUT THAT ON RECORD. HERE'S THE THING ABOUT THIS. THERE'S A FEW THINGS. When they came before us, there was a lot. If you look at the building now, look at how close they are to the street. There was a lot that they came and asked for, and they were given permission to do it. There's a big discussion about whether or not we can prohibit the name of anything based on, and this goes way back when Darcy Siegel was here, goes way back. But we decided as a commission not to allow Aventura because we're setting up a precedent. We're trying desperately to make North Miami Beach known for North Miami Beach, to give it its own identity. And now you want to take something that was part of the agreement and change it to something that's a negative for North Miami Beach. It's a negative for North Miami Beach because we are not Aventura. Listen, they're a phenomenal facility. They certainly don't need the recognition. They have the referrals, they have occupancy, and that's why they're building a bigger facility. But I just think we're going backwards and nothing against the facility. I love it. And nothing against the fact that they can't try. But that was part of the initial okay to this, okay to this, because you're agreeing to this. And now that sets up a precedent too. Once we give these various arguments, changes that we are allowing, could they come knock on our door? Because it takes two years to build something or a year and a half to build something to ask for the change. I understand the insignificance that they're known, but I also know that North Miami Beach is what we're here working for and we want to be known. North Miami Beach wants to be known. So if you're going backwards and you're saying to somebody, especially on our main road on our way to City Hall, If you're going backwards and you're saying to somebody that that is more important than our own recognition for North Miami Beach when we're trying to make recognition and not be a drive-through, I'm against it. I'm against it for that very reason, because I represent North Miami Beach, and I think that facility is so well-known that they don't have a problem. I think that that facility is always going to be full. It's so well run and it's so clean and people probably have a waiting list to get in there. But why are we going backwards? I want to go forward. I want to make our city much more well known and I want to make it what we are here for. Representing North Miami Beach. So I appreciate them trying and I appreciate what they want, but I really believe that we have to say no to this particular resolution. Sometimes we just have to hurt, as they said, somebody came up and said, sometimes we have to hurt the people we love. And we do it not because we personally wouldn't vote for Aventura, I would, but because I represent North Miami Beach. I'm saying North Miami Beach, you come as the priority. And I'm saying no to this. Thank you.

Mr. Mayor, my husband's company's name starts with the word Miami, and we were living in Miami Beach when we opened it up, but we chose just Miami. I don't know why, but we did. Our office is in Miami Shores. If Miami Shores comes knocking on my door telling me that we need to change the name to Miami Shores, et cetera, the rest of the name, I would say absolutely not. This is the business we've had for all these years. and I'm not changing my name because the city decided that I need to change my name. And what about like these, I can't think of one right now, but I'm sure there's businesses that have the name of a city that have franchised or opened many, many offices in other cities without changing the name. What if I wanna open a business right now called Sunny Isles Beauty Shop? You're gonna tell me I can't?

Well, this is what I'll say. It's one thing if it's a new business, I get it, and they're coming before us, but that nursing home's been there for a long time.

I'm just telling you that if Miami Shores came to me and told me I needed to add the name Shores now to my business, that's not happening.

No, I just feel like the cost that goes into doing all that, changing the name.

They have to change the name through the department, their checks, they have to check everything. It's not just, it's not changing a name, it's changing, it's a process.

It's the goodwill of their own product. And I just think like the cost and just saying like, you know, it's North Miami Beach, I think is outweighed by the fact of what they've been doing for all these years. And now they're finally building it up. And it looks like it's going to be coming online by the end of the year. I just think it's.

Okay, I think Commissioner Smith.

Commissioner Smith.

Thank you. I want to expand upon Commissioner's example. When Commissioner Smuckler was saying that they'd been in Miami and now if they would come to them and say change it to Miami Shores, she would say no. Guess what? They're not coming to us now and asking us to do it. They already accepted that it's not going to be Aventura. They already accepted that. I'm not saying they have to name it North Miami Beach. They could name it Best Retirement Home. But we want North Miami Beach to be North Miami Beach, not in the heart across from our city hall to be called Aventura in big letters. They have to change everything. They have to change everything because of their address. Excuse me, I think I was talking. I believe I had the floor. So... They already accepted this when they came for all the other variances. And look at the variances we gave them when you ride past it. It's on the sidewalk. It looks... I don't want to tell you. I don't know if it looks like a retirement home or someplace where you go... I don't know. I hope that they put some ceramic tile or some crazy beautiful art on that side of the wall of the street to make it look like a beautification is supposed to be. This isn't something new. They already accepted it with the other variances they received. It's like an Indian giver now giving me back. We're we're a hundred percent. I know their history. I know who they are But what we represent Northland Beach, it just doesn't even make sense to me.

I I think I think North Miami Beach has to come first I want us to line of play because I know you're making a making a comment but like the I just want to move. Okay. If you can finish your thought, Commissioner Sir.

Yes, thank you. Okay, so I understand what Commissioner Smuckler is talking about. Branding is a very expensive marketing tool, and to rebrand their Aventura, Rehabilitation, and whatnot, I understand how expensive it would be. Listen, they're building a new facility. It is the perfect opportunity to get back into the groove and the rhythm of our city. And now that we are, maybe previously we weren't really gung-ho about building the brand of North Miami Beach, but now we are. And we really want them, since they're doing a new facility, they could say, you know what, new name, same ownership, you know, all the reliability you can count on. Like, I don't know, I'm helping them with the marketing, which that wasn't very good. But my point is that, like, I think that with this new facility and the variances that I have, and to my colleagues... We have had so much pushback about residents who are unhappy about us granting variances already. This is an ongoing thing. Every time a building comes and they say, oh no, you know what, we need a variance. We need a variance to go higher. We need a variance to go wider. We need a variance to not have this, not have that. We do that, and I get it that variances are meant to be asked for. But we have to start putting our foot down because when a variance is given, a neighbor is being invaded to a certain extent. Same thing here. Like she said, we don't want an Aventura sign right in front of City Hall or anywhere nearby. We want to build our brand. And that is expensive in itself because nobody identifies with North Miami Beach. Like, you say Aventura that minute, and it's just luxury and beauty, right? When you say North Miami Beach, everybody's like, ugh. So we need to change that. And I agree with Commissioner Smith. Like, we are North Miami Beach. We're elected by residents of North Miami Beach. People have lived here for decades, and I'm here to represent them. I love Aventura. I think it's a beautiful city. And there's something that I aspire for us to be like that. All right, I don't know if you guys have been listening because there's a side conversation.

I'm trying to find out what it was. I was asking if this resolution, the one that says we can't do Aventura, is it just the word Aventura or is it any city?

There are certain ones. I think it can't say Aventura, Sunny Isles, or those are the two that I recall. Maybe there's another word. Not any other name.

I make a motion to approve.

All in favor say aye.

Aye. All those against? Nay. 3-3, it loses. It fails.

No, we have to get... Well, she's not here.

No, we're missing someone that has to vote.

No. We have someone that needs to vote.

Well, we have to get...

She's not here.

Whoa, whoa, whoa. Wait a second, hold on. Hold on, whoa. Everybody has to vote.

We have always said everybody has to vote. We've said it, including Commissioner Smith and including... No, Commissioner Smith and I have always said everybody has to vote.

Commissioner Smucker states a point, the commission is not absolutely required to do that, but you certainly, if somebody is present at the meeting and has stepped away for a moment as if, you know, well, there's the commissioner. So you're entitled to ask, commissioner is entitled to have a vote cast. The vote has not been announced, and however she votes.

I would like to hear if she heard our conversation. I would like, okay. Do you have your vote?

Do I have my vote?

No, no, how do you wanna vote?

Did you have anything to say?

I mean, if the business has been here for a long time, I believe that they should have the autonomy to keep it for their marketing's sake. And if it's a new business to the Mayor's point, we can implement something that encourages them, but doesn't it impede on their First Amendment right anyway?

There's a couple of things.

Right? There are some issues about whether they could be considered grandfathered. Yes, there are some issues. I don't want to say that we would lose that, but yes, there are some issues. You're correct. So do you vote?

So it's yes. All right, it passes. Next item.

Just for the record, for those wows out there, Commissioner Smith and Commissioner Smuckler have always said in the last few years, ever since we went to a ethics class where it said everybody has to vote, we've always been adamant that everybody has to vote.

So it's not about certain people because both her and I have done this.

Clerk, please.

Yes. So next would be item 14.1.

Motion to approve. Second.

I'm sorry. We'll change the dues. No. It's a new first reading. It's a new building.

Sign code ordinance passed by Commissioner Hsu. An ordinance of the Mayor and City Commission of the City of Northland will be forwarded and the Northland will be signed code as a political sign.

shortening the time to renew signs post-election, and increasing the amount of assigned time, and specifying... Can you, is it? Conflict severability complications for infected people.

Who's this item? Commissioner Hsu.

Okay, so our political signs are a little outdated and what I wanted to do was to keep the city orderly, clean and, you know, I mean like I know during election it can get pretty messy with a lot of lawn signs and, you know, large signs and whatnot. So this actually has nothing to do with, so we're changing the date because originally when we moved the election from May to November, we never changed the start date of when people could put up signs, right? It still says March 1st. So if you can imagine March 1st having signs up all the way to November would be kind of crazy. But the attorney advised me that, of course, it's a First Amendment, but we can restrict it to whenever you open your campaign account, like duly open a campaign account, which is file.

Otherwise, you're not a candidate. You shouldn't be able to do that before then.

I wanted it to be qualifying, meaning after qualifying, then you put up a bond at the time you qualify. But the attorney advised that that would be a First Amendment violation. And I never want to violate anybody's First Amendment rights. So I agreed with the attorney. we are doing that and then as far as the bond goes every candidate should put up a five hundred dollar bond with the city and if they do not remove the signs within seven days after the election they would get their bond confiscated they have a three-day grace period to remove the signs some more if they don't do that on the tenth day they start to get fined daily so that way We don't have our code enforcement running around town, bringing the signs back around from the city, back to our, you know, and then have them pick it up. We're not a sign delivery service. And I think that we should all be responsible. If you want to be a commissioner, right, meaning an elected official in the city, we should all be responsible for our city because that is the fundamentals of it. That is my proposal to you. I hope that you all would approve this so that we can have order and also be responsible for our political science.

It's a valiant try and I commend you for bringing it forward and I would love it to pass and be in play. But we've had rules in the past that were strict, you were only allowed five signs. You know, it restricted the signs, it restricted where you put them, it did all these things that you're trying to do. And we were told by city attorney back then, no, you can't, you know, actually a commissioner violated it and blatantly violated, put 25 signs out and violated our sign code. And we said to the attorney, can't they get, no. It's against their First Amendment rights.

May I, Mr. Attorney, just really quick, just to clarify so that the public also knows. If you are putting up less than five signs because, I mean, like maybe you didn't raise enough funds, like there is no bond on five signs, right? Was it four or five that you would- Something like that. Yeah, if you had below a certain amount of large signs, like commercial signs, there is no bond on it because we also don't want to cut your chances of someone who hasn't raised enough money but would like to run for office. Then I think our current rule is we are allowed 25 in the city territory. And if you remember in the election that I was in, I mean, people would do borderline county, right? So put up larger signs than the actual allowed by our city, but they're in the county. So I think it's like, that is something that I think that we should, if they do more than that, my point is there's more for them to pick up and more chance that that $500 bond might be confiscated. Mr. Attorney, yes.

Yeah, Commissioner, the previous ordinance violated the First Amendment, telling people you can't have more than five signs. Or even if you say, oh, you can have 25 is a big city. If you prevent someone from being able to express their political interest, that's core First Amendment speech. So I understand why the previous ordinance was struck down. This is written in a way, I mean, it wasn't everything Commissioner Hsu wanted, but it's written to not violate the first amendment what people need to remember i understand that you you think of this maybe in terms of signs of people running for office in north miami beach but it doesn't restrict it it's not restricted to nmb candidates so where you know dr rudy moise was running from the time He opened a campaign account. He was, you know, not the best-known candidate, a bit of an underdog. If he was going to spend money once he became a candidate... I mean, before then, you can't really spend money on a sign anyway. You're not a candidate. You don't have an account. But from the time that he became a candidate, if he wanted to plaster signs here, there, and everywhere to get better name recognition in that race for Congress, he could do so if we tried to stop him. Not only could he sue us, and Rudy's a great guy. I'm not trying to say, hey, Rudy was... But... Dr. Moise would have had a right to take us to court, and by the way, benefited by getting publicity from doing so. This is written to not violate the First Amendment. So somebody running for Congress, somebody running for the Senate, somebody running for the State Senate, they have a right to put up signs. All we're doing is regulating... reasonably that you have to give us a bond in case you violate it. Not a huge amount of money. You get it back if you don't violate. And when the election's over, you have to pick up your signs and you must be a candidate. So I'm pretty confident. I mean, you never know. I don't wear black robes, but I'm pretty confident this complies with the First Amendment. It allows everyone political free expression. And they just have to comply with a few simple rules. And if they do, they can put up signs. So I know our previous one had been struck down. It was struck down for a reason. That violated the First Amendment. I think this one's okay. I wrote it to be okay on those issues.

No, I'm fine.

Okay.

Okay, so I called North Miami to find out if they had a bond yesterday. And they said that they heard that it's against the law to have a bond.

They have what?

To have a bond for signs that they heard it's against the law. So if that's the case, we should check into that city attorney to make sure that there is no law that says you can't have a bond. I'm looking over this ordinance last night. Number two on bond says a candidate's placing less than four temporary signs not to exceed a size of 10 square feet. Where does 10 square feet come? That's not the size of the little ones and it's not the size of the big ones. How did that number come in?

That was old language.

Okay, well, so we have to change it to fit the actual size. There's a lot of changes. I don't know if you want to have them come back with the right changes. Yeah. Okay, well, there's a lot of changes.

Whatever changes can be done.

Yeah, I motion to adopt the actual sign size that we have all agreed on, right? Is that what we're doing? Okay.

Wait, wait, no, we have to open up for public comment this first reading.

Well, I didn't finish.

No, no, we're gonna go up, but we're gonna open up for public comment.

We're gonna stop right now in the middle. Yeah, to allow public comment, because it should have happened in the first. Madam Clerk.

Terrance Kamenzuli, you have three minutes.

Good evening, Terrance Kamenzuli, NMB resident, 33 years. I'm hearing about the violation of Amendment 1. So people can put up signs anywhere in the city. Size is not controlled. I am a resident, I'm on a corner, I'm allowed per our ordinance, one on each side, I'm on a corner. People that are in the middle can only allow one. But from what I'm understanding for violation of First Amendment rights, they can put up 20 signs on my property if I want to allow it.

Your mic's off. There is a rule of reasonableness. For instance, you're on a corner. They can't put a sign right at the corner that blocks the view of traffic. You're not allowed to do that. That's a public safety thing. There are other laws that impact this, too. So if it obscures the view corridor, you can't. But could you have a row of signs up against, not on the sidewalk, up against your residence? I don't want to give people ideas, but yeah, you probably could if that's how you felt. We have a law that talks about signs. This one, old language says 10 feet. We can fix that if that's what somebody wants. If they want it to be 10 feet, it could be 10 feet for these kinds of signs, or it can be governed by the other. The point is you're allowed to express a political opinion, but... You can't do it in a way that interferes with, as I said, for instance, the view triangle, it's called, that you have at the corner of your property. Okay.

Reading here on page two, non-residential districts, they're still in here. No more than one sign per candidate for non-residential private property shall be allowed unless the property is on a corner. Corner properties may have up to two signs. No more than 25 signs of any size exceeding 616 square inches per sign. Still in what you're coming through. And you're saying there's no limit they can put up.

I don't think our limitation is unreasonable, but, I mean, that would be up, someone would have to challenge it. We're trying to draft it in a way that it's unlikely to be challenged. I mean, look, remember, there are other things that impact this besides it. For instance, you cannot put these signs on public property. They're allowed on private property, but you can't go out and put them on trees and put them on the city's fences in the right-of-way. That's not allowed.

Being on the code board, it's happening. There are signs out there that are exceeding our sizes right now.

And that's why... WE'RE SETTING A BOND. I UNDERSTAND WHAT COMMISSIONER I UNDERSTAND WHAT COMMISSIONER SMITH SAID. SMITH SAID. SOMEBODY TOLD HER. SOMEBODY TOLD HER. WE'LL TAKE A SECOND LOOK AT WE'LL TAKE A SECOND LOOK AT THAT. THAT. WE'VE LOOKED AT THIS FOR A LONG WE'VE LOOKED AT THIS FOR A LONG TIME. TIME. THE POINT IS, YES, THERE ARE THE POINT IS, YES, THERE ARE PEOPLE WHO VIOLATE. PEOPLE WHO VIOLATE. THAT'S THE REASON WHY WE THINK THAT'S THE REASON WHY WE THINK IT'S REASONABLE TO HAVE A BOND IT'S REASONABLE TO HAVE A BOND BECAUSE PEOPLE DO VIOLATE. BECAUSE PEOPLE DO VIOLATE. IF YOU KEEP PUTTING YOUR SIGNS IF YOU KEEP PUTTING

Finals, my final comment is that basically there's just too much what I call visual issues, especially like what you're saying on Highland Village entrance, go over there, right? Not even on the KFC property, but on the property where you have signs up and that's a public property.

That's why we want a bond. And by the way, again, not just for NMB candidates. If you're putting your signs up in our public right-of-way and we have to pay somebody to take them down, we want that bond to go against because we're spending money to do that. I know there are violations. I see them all the time. That's the reason why we're trying to control that bond. By including a bond, that was the point of the commissioner's, you know, well, we have existing regulation. We just tried to make sure that we're not opening ourselves to First Amendment by having somebody who says, hey, I'm a lawful candidate. I have a campaign account. What do you mean it's too soon for me to put my sign up? I need time. I need runway. Thank you.

Next speaker.

Karen Harold, resident of North Miami Beach. I am in support of what you're talking about. I'm a resident on my property. I'm on a corner. And this last election, there's two individuals that went down 10th Avenue and put their signs on everyone's houses. Some of these houses are Airbnb or people that are seasonal. Some people I knew, and I said, are you supporting that candidate? They said, oh, what? What sign? And it's trespassing. And I took it down, and they put it back up again. I know it's their workers and stuff, but there's no regulation. Two people who did it, they did not get elected, so I think it shows a sense of responsibility, and it says you're accountable. By 15th Avenue, if you're going north on 15th and want to make a right on Miami Gardens, it is packed with signs, and it's not nice looking, and they stay there. Also the same on 6th Avenue in Miami Gardens, packed with signs, and they stay there. way after election, so I think that it will give some responsibility to the individuals to care about our city, because we are telling them we care about our city, and I don't want people keep coming on my property putting their signs, thank you.

Hi, again. My name is Maria Hawk. And I have seen in the last election how many signs were taken off from one candidate doing to the other candidate. I saw that. I saw people riding in the cars picking up signs. I would like to know where I can go. Should I go to the police? Should I come here? What can be done?

Code enforcement. Code enforcement.

Okay, because I don't think that is fair. I mean, I might know both for someone, but I want everybody to have the opportunity, and I am very fair. Let the best win is how I think. So thank you for clarifying that for me.

But if you see someone actually stealing it, call the police at that time. If you see them stealing it, better yet, take a video of it.

Yeah. Yes. Okay. Oh, another thing. Is a person, can a person receive money for having a sign of one running? Candidate? Or is that illegal too? Yes. Is that legal?

You could get to put your signs. I'm a homeowner, so I'm going to put the sign. No way. Give me $10 a day.

That doesn't make it right.

Maria, try to get a picture. Try to get a photo with your phone.

Good evening, Barbara Kramer, North Miami Beach resident. I really hate to drag this meeting on any longer, but... I was part of this ordinance from way back when. And of course, beautification and aesthetics is a really big deal to me. And I think this is a no-brainer because people take such advantage, but not just candidates in our city, but candidates outside of our city. And what are we going to do about that? I mean, it's so amazing to me that people do not take their signs down and think that someone else is just going to do it for them. And these people are running for office. So I don't know what that tells you about the candidate, but it sure doesn't look good. I will say this, which is nothing to do with this ordinance, but it's sign related, is I was in touch with a commercial property owner today, and there are signs on this owner's property where the candidates didn't ask if they could put their sign there. So to all the candidates, I really, you know, I implore you to ask permission. You just don't go put your sign willy-nilly onto anybody's property, let alone a 4x4 sign that's, you know, off the ground about three feet. So there you go. Please, I hope this is a 7-0.

So, so I, oh, sorry. No, no, I'll wait till. Oh.

Good evening, everyone. If I could get your attention, please. I was listening to you guys when you were speaking. Please listen to me now. Thank you.

People can get paid for having signs.

Don't start the time as yet. You finished?

I hear what Maria asked and I wanted to know. Thank you.

Okay, my name is Mubarak. We talked about First Amendment, and you choose First Amendment conveniently when you try to stop the business at the last resolution from not using the word aventura. Conveniently, you delay the voting and everything. I'll tell you why the people don't want you, and I'm coming back to this same thing. They don't want, they want to use Aventura, not North Miami Beach, because we promote all the shady, seedy businesses, strip clubs, smoke joints, but Aventura, look at it, what they have, nice businesses, so they want to associate their name with a nice city. Okay, come back now to this here. Yes, your point may be good, but why are you raising the bond? Are you like to discourage a poorer people who wants to get into the race? I think the bond sign is like $200. Why you want to raise it to $500 now? You can afford it now. What about a poorer person who wants to get into a race and now they have to, oh man, this race is just for rich people. That is what you guys are making it out to be, just for the well-to-do. And you're not well-to-do, so you align yourself with the developers and the lobbyists and so forth, and they give you the money to run your campaign, and you now become the mouthpiece for them. That is where this election is going to. You don't have a voice anymore. Just tell the people, you can keep it at the $200 that they have, okay? And, you know, I don't want to see signs from since March and the elections are still in November. You know, you got berserk. They had one mayor, or a former guy, former mayor, he lined the city, you know, remember Rosner? He lined the city with so much of his giraffe poles with his signs that the people was against it, and they voted him out of office. That is one of the reasons why, but you do not need to be raising the money to be punishing poorer people who want to take part. in the race. This race should not be for rich or developer backed or lobbyist backed candidates. Leave the sign bond how it is. Thank you very much for having me.

No one has come forward.

Mayor? Public comment is closed. If we're done with public comment, let me just say in deference to the comments that Mr. Kazan just made, Look, I never pretend to be perfect on things, and there are always good ideas that come from a lot of places. I think that since it's first reading, I'm gonna just notify the commission, and I'll ask the clerk to put it in the minutes so I don't forget, that we should have a provision for a bond waiver, which is done also sometimes when candidates are seeking office, there are waivers that are available for some qualifying fees or things like that. And we should have a provision that I'll write for waiver of bond so that we don't condition your exercise of your First Amendment rights as a candidate and freedom of association as well as freedom of course, political free speech, that for somebody who can demonstrate Hardship, I mean if you have that much of a hardship, I don't know how you're putting up the signs But you know, there's nothing that requires that the signs be commercially produced and expensive I mean you theoretically could do your own signs in your backyard and you know write them in with a sharpie or a crayon or something so I just can inform the Commission that in deference to that point which I think is honestly, does have some merit where we're talking about exercise of constitutional rights. I'll write up an additional provision for a waiver of bond upon a demonstration of financial hardship.

Mr. Mayor? No, before Commissioner Smith, then the Vice Mayor, then Commissioner Hsu. And then Commissioner Smuckler.

Let me finish because there's a lot of changes. So I don't know what it is with that 10 feet. I have no idea. So you said that was old. You're going to change it when you go back and you look at I also commissioners who would like it to be qualifying period not not official candidate time. I heard what you said that it can be done like that. But that's a shame because somebody could come in for 5 months ahead and start the whole thing. If you look at the bottom of page three, it said date of removal, each and every sign posted by the said candidate should be removed within seven days. And then it says that a three-day grace period shall apply thereafter. Well, that's 10 days. So I don't know why we're changing that. And then it says any signs remaining, and the sentence isn't finished. So I have no idea what they were going to say. It just says any signs remaining. So I don't know.

Commissioner, the three-day grace period existed in the previous version. So it was 10 days plus a three-day grace period. So the effect of what Commissioner Hsu was doing is removing, yes, it arguably was 13. It was 10 plus the grace. Now it's seven plus the grace. So he's reducing it by three.

So that sentence isn't finished in number four, just as any signs remaining. If anybody else hasn't finished... Tell me what the rest of the sentence says. It only says any signs remaining.

I'll take another look, it may be a typo, but I'll take another look.

It doesn't have the end of the sentence. Okay, I have to tell you, there's a few things that, having run before, you know, it's sometimes, I was talking to the manager, whose responsibility is it? Is it the clerk's responsibility? Is it the manager's responsibility? Is it downtown, the county, to follow these signs? When I ran four years ago, I got a call from the manager at that time. My signs were one foot too high. So my husband's men had put the signs up. And in that heat, they took every one of the signs down. They cut off a foot and put them back in the ground. Those men had worked for my husband for 50 years. They quit. They quit. Yet when I was running and I was down in Highland Village, there's a sign, a commercial sign, a commercial sign on the fence of Highland Village on both sides as you have to walk in to go inside to vote. And when I stopped code enforcement and said, when are you removing that sign? Oh, it's above my pay grade. Okay, call the manager. The manager, you call him, when are you removing those signs? Oh, it's above my pay grade. So that's why it's so important when you vote to pay attention to who you're voting for, because they're the ones that select our charter officers. But I have to tell you, there's a lot of things we want to do. We don't want to have the blight. We want to have definite regulations. However, people say, can I have 20 signs? I want to give them to my neighbors. Can I have four signs? My cousin wants a sign. The problem is, as a candidate, you do not know where they put the signs. You tell them to write the address. You tell them to be sure to get the permission. The problem is you leave up one sign on the 11th day, you lose $500, you didn't even know it was there. All your signs are down. You had 250 signs up, 249 of them are down. One isn't down because you didn't know it was there and you lose $500. So something needs to be done about that. It's a little ambiguous anyway. Because it says you're going to lose your $500. And then at the end of number six, it says, additionally, each candidate shall be liable to the city for actual cost of sign removals. So what is that? It's a $500 bond and actual cost, which we don't know how much for sign removals. So that needs to be corrected so we understand what is it, which is it. I think it's an important legislation we should have regulating this, but doesn't mean that it won't be regulated if the people at the helm don't help us with regulating. I mean, I remember when somebody ran, they had a sign in the middle of the highway in the, in the middle of the highway on a busy street. It has to come also, not just to pass this, but also to enforce it, and then to enforce it with responsibility. If 250 signs are down and one sign is left up, they deserve a call. They deserve a call to say there was one sign I saw, Commissioner, please pick it up within the next 24 hours. What could be simpler than that?

Well, that's why there's a grace period. But having said that, Commissioner, if you'd like to, you know, I understand what your point is. If you'd like to ask for us to make a second reading amendment that sets, I mean, the $500 bond is intended to cover all the signs, but I understand your point that it is a difference between having 249 signs left up We're having 249 signs taken down and one left up. If you'd like us to put something in that specifies how much per sign per day and have a lower number, if you want to say it's $25 per sign per day, per day and if you leave your sign up for ten days it's two hundred and fifty of your five hundred and if you leave five of them up we could certainly do an amendment that says how much per sign per day till you hit the 500 and by the way if you're liable to us even if you use up the whole bond we can still we could still go after you for some kind of a violation of the code and try to recover if it was you know some not if it was 25 bucks but if it was a massive amount over yes we could still chase you down but would you like us to make it per sign per day and tell me how much

I think it has to be a few things. It has to be, per sign per day, $10, not $25. Give people a chance, number one. Yeah, in order to do it, believe it or not, the only way to really get your signs down is you have to ride up and down every street. AND YOU HAVE TO PUT THEM IN YOUR TRUNK. THAT'S THE ONLY WAY TO GET THEM DOWN.

MAY I ADDRESS COMMISSIONER SMITH? I JUST WANTED TO SAY THAT I THINK YOU'RE THINKING OF LAWN SIGNS. I DON'T THINK ANYBODY HAS THE COMMERCIAL, THE LARGE COMMERCIAL. IT DOESN'T SAY LAWN SIGNS. LET'S PUT THAT IN. NO, WE ALREADY PUT 25, NO MORE THAN 25 SIGNS OF ANY SIZE EXCEEDING 616 SQUARE INCHES. the non-residential districts, right? These are for commercial signs. But so I'm talking about...

The fine is only for the commercial? Yes.

Well, if that's the case... Because that's the one that's hard to get out. Usually you put the residential signs on the street. Well, even the commercial, you know what?

You have to find somebody with a truck.

That's what I'm saying is that our code enforcement right now is taking care of that issue. And I think that the city is not in the business of cleaning up political signs.

I think what we have to do, Mr. Attorney, is to find out if there has been a change and you can't have any kind of bond. We have to find out if that's true.

I got that one. Yes, ma'am.

And I think the other thing we have to do is just fix this issue. to read correctly and then the other thing we have to do is to. Do you want it to be personally in addition to the bond forfeiture violation of any provision shall be punishable I find a $50 per violation. So they don't have any more money left because they gave up their foreclosures so you have to go after them to collect the money.

We could do that if it was you know again not not for 20 bucks but we're not going to do that but if it's a substantial one yes but my question is i understand your point about one sign could forfeit the whole amount um i i appreciate no if it's commercial and it makes more much more sense because res we used to have it residential too

It was residential. Now if that's not included, we don't want to let it be blighted that people don't pick up the residential. There was a mayor that he loved to give up his bond, let them pick it up. He said it was worth it to him to have the city pick it up and give up his bond.

So my point is this. We've seen signs last two weeks after the campaign or the election is over. And our code enforcement has to eventually go there and pick up the signs. I don't think that that is something that our code enforcement was meant to do. So with that said, if they don't, if they have one sign out of their 25 that was not taken out, and we had to go there to take it out for them, and usually what the code enforcement does is they do, they come and take it back and put it in the back of the building department, then you still have signs that are like you know that are on park like now like state parks like olita you know that corner where we're out next to the shell gas station they still have candidates putting signs there and then like who takes them out and did they just leave immediately those are all illegal right so but i understand commissioner smith is saying now

It's okay to have the entire bond, but just clarify that that's as to commercial and not residential.

I don't remember people keeping up their commercial signs. I don't remember that. But I have to tell you, if it's only commercial, I feel much stronger about it.

And here's the other thing. Putting up a bond is not taking away someone's First Amendment right. It's just that if they clean up after themselves, they get their money back. Number two, if they have less money and they can only afford four signs in the entire city, there is no bond. So I don't know how else I'm going to be so much easier. If you can afford more than four signs, you can afford a $500 bond that you will get back when you take out the signs. That's it. I felt that I was being responsible about this with my own sign. So I am going to call a question. No, I have questions. Oh, I'm sorry, Commissioner Spock. My apologies. I think Commissioner, I'm sorry.

No, and also I think Vice Mayor wanted to speak. Okay. All right, so this bond, So this bond is paid by the candidate or the campaign? The candidate? No, the campaign? Okay, no, I just wanted to know if it was a personal expense or if it was a... Okay, that's what I wanted to know. Also, is this going to be effective now or in 2028? Well, I mean, it's...

We've already started putting up signs it can apply now it has to be Adopted on second reading, you know to apply it

against people, to take people who've already put their signs up and say, oh, now you have to come back and post a bond, or we're going to take your signs down. I wouldn't. I won't tell you absolutely that we would lose that, because I never want to confess error from the dais. So I talk about probabilities. I wouldn't do that.

I was asking if it was now or 2028, because I believe that 2028 is the right time to start.

There are sooner elections. In March of 2028, Yeah, and in March of 2028, you have a presidential preference primary, and it will apply to that.

All right, so can I, like, the primaries happen, and a lot of people that have lost, they're not picking up their signs. Like, can I pick them up? I mean, can I, they're bothering, they're not on my property, but they're just bothering me being out there. Right.

If they're illegal and you have permission from the property owner, what you cannot do, please don't do this, don't go on someone else's property and take a sign down because if, I mean, they may be violating the code, but that doesn't necessarily authorize trespassing.

What if it's like on the right-of-way or something?

If it's on an illegal sign on an illegal right-of-way, yes. I think you can, or you can call code enforcement. But if you want to go onto the parkway and take down some sign that was never legal to begin with, yeah, I think you're in pretty safe ground.

And I do remember that the city had this bond thing going on a few years back because I remember having a resident Yeah, I had a resident call me because Code had picked up some of their signs and they were crying. Not a resident, I'm sorry, a candidate. It was a little sign. A candidate called me hysterically many years ago and I had recommended, rest in peace, Norman Edwards to her to use as an attorney. So yeah, we did do it with the little signs. Okay, so I hate campaign signs, so I'm anti-campaign signs, but I just want to say that I was just doing a little Googling here, and so when the U.S. Supreme Court rules in something in another state, does that apply here also? Maybe it's in the U.S. Okay, so there's a... You know, there's a case law that we cited that restricts this.

And I previously reported to you that treating political signs different than treating other non-commercial signs is suspect.

All right, so can you look at Reed versus Town of Gilbert?

I've read that case. I've looked at that case. It's cited in the...

Yeah, but that one, if I understood correctly, says that if we allow, let's say, for sale signs for unlimited amount of time, then we have to allow the same size campaign signs for that unlimited amount of time. Mm-hmm.

and non-commercial signs. And what we're talking about, political signs are non-commercial, but if it's a sign that says, you know, services held here every Monday, Wednesday, Friday, or if it's something that says this is the Commonwealth Center or the League Against Cancer or any one of the number of things, those are

Well, I mean, here it says a town cannot have a rule that allows a commercial for sale sign to sit in a lawn for six months while ordering a vote for candidate X sign to come down in two weeks. A what sign? Vote for candidate X. That may mean something, some vote taken out of context.

Sorry, the principle distinction is between commercial and non-commercial signs. I have advised that the issue is can you treat non-commercial signs differently than each other? Can you treat, you know, a sign promoting something for the veterans of foreign wars different than a vote for me sign? And there is a question as to that. I've reported that when we had the first consideration of this, when first introduced by Commissioner Hsu, I don't even think it was this year. I think it was maybe late last year. There is some risk there. It is possible that someone from a church could sue us and say you have to treat the church signs or the synagogue signs the same way you treat political signs.

I'm okay with your answer. I don't want to prolong this anymore, but thank you. I'm finished with my questions.

I ask a question to Mr. Mayor, I just want to know if you if you don't if somebody did not get permission on their property. Do they call code enforcement to take it down who takes it down if they didn't get from. I'm going to take it down the correct they don't live on the not on the property they could live in Jacksonville and they own the shopping center.

Well, I mean I

There could be a lot of issues there because let's say that property is being rented or leased out, right? If a renter puts it out there and the overall property owner has an issue with it, that could be, that's internally an issue or what have you. I don't know how we get involved in that, but if it's on the property, I would assume that you can take it off if it's your property and you have full access to it.

But if you're not here, does code enforcement take it off or the person that owns the property has to get their caretaker to take it off?

I don't think code enforcement can go on somebody else's property to... I'm asking.

Because code enforcement does take down. Because I have to tell you, I had somebody who once, when I knocked on his door, he made a banner for me. $200 and put it up two stories. And I got a call from code enforcement that I had an illegal banner. We're not allowed to have banners. I said, I never bought a banner. I don't have any banners.

So it's not your...

The man bought it himself and put it up for me.