City Commission - Regular Meeting

Tuesday, July 21, 2026Official site

The City Commission approved several budget transfers and established the proposed maximum millage rate for FY2026-27. Extensive discussions took place regarding the Charter Review Committee's ballot questions, the city attorney's performance, and the future of the library, which was confirmed to be under police investigation.

About this meeting

Government Body
City Commission
Meeting Type
City Commission
Location
North Miami Beach, FL
Meeting Date
July 21, 2026

Published excerpts

Only published remarks appear here. The full transcript is not published.

349 sections (from 366 segments)

8:35•Jay Chernoff

If the colleagues would please join us, we're going to begin. If my colleagues would please join us, we'll begin.

10:35 – 10:46•Michael Joseph, Esq.

Good evening, everyone. We're about to start our commission meeting for Tuesday the 21st, right? At 21st. Madam Clerk, can you please do the roll?

11:13•Michael Joseph, Esq.

Next is an invocation by Pastor Toobin? Tobin. Sorry, Tobin. Apologies, Pastor.

13:55 – 14:20•Michael Joseph, Esq.

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. Madam Clerk, number four, any requests, withdrawals, and deferments?

16:22•Lynn Su

Madam Clerk? Yes. What happened to 12.14? 12.14. It was moved.

16:48•Lynn Su

No, I mean, what happened? Is it going to the legislation? Or is it pulled? Yes, under legislation now?

16:57•Fortuna Smukler

So 12? Well, first of all, if the record can reflect that I'm here, but 12.15 is going to legislation.

17:07 – 17:57•Lynn Su

yes at the request of commissioner smith if it's voted on do i have a motion in a second so i i have a i also want to propose that we move the um discussion items from last time to be spoken first do i i have a second okay mr okay um okay I don't know I mean I'm moving the discussion items from last time that we didn't complete to the top of the agenda after the consent agenda and all the discussion items that we that we that we left from last time which was the figure contract the city attorney accountability and the proclamation procedure

18:00•Fortuna Smukler

And the player also had getting for giving tickets to events.

18:04 – 18:15•Lynn Su

Okay. I just thought that was in last month as well. Right. Commissioner smuggler. Okay, so the for the 18.234 and five be moved up.

18:22 – 18:52•Michael Joseph, Esq.

rather we have a packed agenda can we just not rush can we just go through the legislation get to the discussion i'm i'm happy to move my discussion after everything else so you guys could go first but can we just go through the legislation please i don't know i have a mr mayor can you do the you call a question okay i have a motion a second all in favor say aye aye aye I'm opposed, so it passes as amended, okay? Do I have a motion to accept the agenda as proposed?

18:53•Jay Chernoff

So moved. Do I have a second? Second. All in favor say aye.

18:56 – 20:46•Phyllis Smith

I have a moment of personal privilege. What? I just want to put on the record, there's no way I can listen to what's going on at this meeting and read three things that I have to vote on that are put in front of me now. I want that on the record. so maybe i have to say a no vote because i have to know what i'm voting for and i have said this i think this is my 12th time for saying so it's an even dozen i i read this and i review with the manager and i'm appreciative of his con his comments and he teaches me and sometimes i teach him so i just wanted on the record that i cannot do the right job

20:49•Phyllis Smith

Well, the whole agenda's supposed to go through the manager, and he hasn't even seen them.

20:55•Fortuna Smukler

Well, it's not his items, just to clarify, yeah.

21:06•Michael Joseph, Esq.

Do you want to defer to those three items? No, we can't defer except for the ballot items. Except for the ballot items, can we defer the other two?

21:15•Phyllis Smith

I would suggest we do it until we have the opportunity to review it.

22:07•Lynn Su

What about the charter amendment? We want to just go through it when we haven't had time to read it?

22:14•Michael Joseph, Esq.

It's in legislation, so we're going to get to it.

22:16•Lynn Su

Well, we just got it just now, so that's why I'm bringing this up to you.

22:20 – 22:39•Michael Joseph, Esq.

You mean the ballot question? Yeah, we're going to be discussing it in legislation. Oh, we can't delay because of exactly it's due on the 24th. So we're going to discuss it today. Next item on agenda is consent.

22:42•Michael Joseph, Esq.

Oh, no, it was presentation, but it says public comment. Madam Clerk.

22:49•Fortuna Smukler

Presentation. It says presentation, but right.

22:54•Michael Joseph, Esq.

We don't have no presentation. Okay. Public comment. Thank you.

35:43•Phyllis Smith

That speaker, Mr. Mayor, I'd like to ask a question of the. OK, Mr. What was the purpose of giving out? May I ask what was the purpose of giving out your phone number?

41:18•Michael Joseph, Esq.

Thank you. Next speaker. Oh, Commissioner Turner to the city manager.

41:24 – 41:37•Jay Chernoff

I want to thank all these friends of the library. We love them. Okay. They've been great to us over the years. Every event that they come to, could you please see what is the problem and look into this and make them happy again, please.

44:00 – 44:35•Phyllis Smith

I'd like you at the end of the resolve, and I hope I can get a consensus on that, an unanimous consensus, because when you see all these women gave up their evening, you're not seeing who they are. They give up their days, they give up their weekends. to help our community and they do it voluntarily. My favorite four letter F word, they do it for free. So I'd like to see and resolve that the meetings of the minds can be where it needs to be that they're back in our library. And I hope my fellow commissioners will agree.

48:24•Phyllis Smith

Thank you. That's the answer. The answer is a private meeting with you or your group or whoever and the manager to see what can be worked out.

49:26 – 49:40•Phyllis Smith

I believe the manager alluded to that. So I heard him say it clearly. So you'll meet with the manager and maybe you'll have a second meeting with the manager and the director of the library. And we'll get this taken care of because we have a commission meeting to go. Thank you.

49:40•Michael Joseph, Esq.

I thank you all for your time. Commissioner, you had.

51:36•Michael Joseph, Esq.

Before you start, because like I said, we don't do this back and forth, we can have further discussion in your report, if need be. So next speaker, thank you.

1:00:44 – 1:01:41•Fortuna Smukler

Thank you. Thank you for coming to speak. And I'd like through the city manager to see if Maybe this is something that we may be able to implement in the parks. It's something that I feel is really important, actually, and as a woman, something very private. But I think that our parks, like in Highland Village and in Washington Park and Allen Park and Yolita, these would be very... essential for the girls that and you know and sometimes I remember my mother telling me when she had her menstrual cycle she didn't even know about it like she just went to the bathroom and she was never informed be

1:01:42•Fortuna Smukler

Thank you so much. So if someone can reach out to them, please. Absolutely. Thank you. Thank you. Thank you.

1:31:49 – 1:32:19•Daniela Jean

Happy birthday, North Miami Beach. This is Commissioner Daniella Jean, and we want to send a special invitation to all of our residents as we celebrate our centennial year for our official NMB 100 Centennial Concert happening August 22nd right here at the Lipman Theater. This concert is free for all of our residents, and if you are a community partner and would like to attend, your $100 donation will go towards the NMB Educational Fund. So see you there and remember it's a black tie event.

1:33:04 – 1:33:17•Michael Joseph, Esq.

Good job. No, she, she's gonna call but I just Mayor, yes, go ahead. There's still one speaker left, right? Yes. Go ahead. Apologies. If you can reopen and close.

1:34:16 – 1:34:43•Michael Joseph, Esq.

All right. Madam Mayor, Madam Clerk. Commission report. Okay, I'm just public comment is closed. Thank you. If we can keep because we have a packed agenda, we can keep our public comments in two minutes if possible. So that's what I was asked for. Okay. Can you please go?

1:34:45 – 1:36:18•Jay Chernoff

Good evening, everybody. I'd like to announce my public engagement schedule, Yulita Thursday, July 30th, and Allen Park Wednesday, August 5th, and I'll announce others later. I have to clear up something, and first I want to say congratulations to Jemmy Jasmine on the North Miami Beach Alumni Picnic. What a great job he did. We gave a key to the city to him, and boy was it crowded, and everybody had a great time. they were all hot obviously it was from early in the morning till late till 7 o'clock at night but it was a great event by all I have to clear up something my opponent has brought out

1:36:22 – 1:36:53•Daniela Jean

Good evening, everyone. I wanted to start off by thanking all the residents who took the time to speak on the issues that pertain near to their hearts. Thank you for sharing. I wanted to also remind our city attorney about the liens update. I'm definitely looking forward to receiving an update on the commercial liens recovery. So hopefully you can present a report to us soon. and also Mr. Manager, are there dates confirmed for a budget hearing for us yet?

1:37:04•Michael Joseph, Esq.

We could have it in the report. Good evening, good evening.

1:37:16•Daniela Jean

Thank you so much. Can you speak up, please, one more time?

1:37:28 – 1:38:22•Daniela Jean

Thank you. Thank you so much. And so Mr. Manager, I know usually we always get a workshop before the dates. So if there's any way that you can give us, send us some more information on some of the changes that would be there so that we can, is there a window for us to submit anything that we want to see? Obviously it's a shorter window. So if you can send us some dates that would kind of help us adjust our schedules to what we want to add to the budget. and i also want to remind residents about the we care program for those of you who have issues with your water bill we do have the we care pro

1:38:24 – 1:42:45•Phyllis Smith

Number one, most important of all is when you talk about districting, what a joke. especially for me, in my seat, to hear somebody say that if you live in Eastern Shores, you get everything instantly. I've been living next door to a vacant house, the grass is up to my knees, the rats, the black pool, the mosquitoes, for four years, actually four and a half, who's counting? I've been on the phone with the attorney, send pictures, been on the phone with the manager, the previous manager, the previous everything, I am still with the rats. And guess what we have now? A little baby raccoon. You kno

1:42:50 – 1:44:18•Phyllis Smith

I want you to know, do not blame North Miami Beach. Please don't blame North Miami Beach. It's the sewer that they raised from Dade County. Dade County raised their sewer costs, and they're going to do it again. 17%. Manager and I discussed it. They want to raise it another 12%. So the only thing I can tell you is watch what happens. Watch what we're voting on. Septic tank to sewer. What a sticker shock that will be for people that have a septic tank now. So with that, I want to close by saying good things. good things, North Miami Beach is going to have a wonderful celebration. I wish we coul

1:44:19 – 1:46:05•Fortuna Smukler

Commissioner Fortuna Smuggler. um thank you so commissioner smith you may have won the watermelon eating contest but i won the hula hoop contest so i i wouldn't say you won but i did see you swirling your hips yes yes i did my hips don't lie and yes i won um Okay. So, um, on Tuesday, August 4th, um, the commission of status of women together with national night out, we'll be doing the back to school, uh, school supply giveaway health fair. We're, and the UMC free clinic as well as a lot of different health organizations going there to make sure that the children start school with school suppli

1:46:41 – 1:47:29•Fortuna Smukler

It was, I believe it was like $250, but the point is it was baseless and a waste of time. So, all right, so actually, Mr. Lamberta, when you were speaking, you can't see the people behind you or to your side, but when you were mentioning that Eastern Shores has a small park, The previous speaker, the one who thinks that Eastern Shores has everything, thought that it was funny that we had a small park. He was actually laughing at that or smirking. Yeah, it's smaller than this right here. Oh, yep, true, but we're talking about the east side that supposedly has.

1:47:29•Phyllis Smith

You can go to Greenland's Park, we can go to Alida.

1:47:32 – 1:48:30•Fortuna Smukler

Oh yes, and Alida charges a fee, by the way, and just to get into Alida, if you walk there, they still charge a fee, and if you drive there, sometimes you have to wait an hour in line just to get in, And to walk there is probably a few miles just to get to the actual A Pavilion. So no, we technically don't have a leader. Also, I wanted to say that on June 30th, we received a letter from JC planners, who is the attorney that's represent Mr. Attorney, I want to make sure you're listening to me, that we received a letter from JC planners who represents the the stronger NMB. And it said that on Ma

1:48:48•Fortuna Smukler

Okay, that's what I want for the record, that we did not refuse.

1:49:37•Fortuna Smukler

Okay, and I would love J.C. to apologize to us because we did not refuse and we did not do anything purposely, as stated in his letter.

1:50:01 – 1:50:35•Fortuna Smukler

All right, so also speaking of that petition, so there's like some discrepancy whether there's 17,000 voters in NB or 24,000 voters, but let's just say it's 17,000 voters for argument's sake only to make the petitioners have an easier job, right? So the Department of Elections came back with stating that only 978 signatures were certified? That's correct. Okay.

1:50:49 – 1:51:44•Fortuna Smukler

She did. She just said it's correct. So of the 17,978 signatures, that's approximately 6%. So assuming the 17,000 was right, some people say it's 24. But again, I'm trying to make it easier just for argument's sake on the petitioners. so only six percent was reached and that was uh not our fault right that was not our doing that had nothing to do with us we gave them the two months we gave them time to come back with that circulator that they did wrong we didn't do wrong so um the unless they can get um another four percent signatures by Today? Today? Is it today?

1:52:01•Fortuna Smukler

It doesn't even matter because it has to be, it would have to be in by the 24th regardless because that's when the elections department needs it.

1:52:18 – 1:52:41•Fortuna Smukler

Okay, so anyways, regardless, even if it was the 24th, it would have to be by the 24th regardless. Even if we're, if it's not the 21st, it's not the 22nd, and it's not the 23rd, 24th would be the cutoff date because that's when they have to have it for it to be able to be on the ballot. Yeah.

1:52:42 – 1:52:56•Lynn Su

Mr. Attorney, you clearly stated to the supervisor of elections office that you think that the petition starts on a certain day. It's not an opinion when you count 90 days, so I don't understand why you can't opine.

1:53:36•Lynn Su

I believe you said it was April 21st, right? You said in your email, I think it said April 21st. Is that correct?

1:54:57 – 1:56:20•Fortuna Smukler

So I'm jumping around a little bit here. I'm going to go back. I'm sorry and not sorry, actually, that I'm talking so much. So the speaker previously was saying that districting is better because of Eastern Shores. I'm not sure why everything is about Eastern Shores when there's four commissioners that live on the west side. And basically what that speaker was saying is that Eastern Shores is not important. Well, guess what? When you run for office, every community is important. Everyone is equal. Every community is important. love all my communities and I take care of all my communities and I

1:56:21•Phyllis Smith

My little dog comes and takes care of us.

1:56:24 – 1:56:44•Fortuna Smukler

You can have the rats. We have rats. You can have them. Anyways, so back to where I was. So, Mr. Attorney, let me look at my notes. I just wanted to tell you that I, are you listening to me? Okay. I like to be looked at.

1:57:03 – 1:57:23•Fortuna Smukler

and your role in it i'm i i have concerns that um because i you know like okay so you have several clients right several cities that are your clients but the cities are your clients and and and i'm looking at the picture i'm looking in right now is nmb is your client you i don't

1:57:24 – 1:59:18•Fortuna Smukler

I don't care right now about the other, not that I don't care about the other cities. I understand. I'm not talking about the other cities. I'm talking about NMB. And I just feel that your involvement in this, that petition, that because it's endorsed by the Democratic Party and because you're in the Democratic Party and because you have a relationship with Mr. Planes, who I have nothing against. I actually happen to think he's a super guy. I'm concerned that you're giving advice to them and you're not focusing on our city, that you're giving advice to the petitioners when you shouldn't be doi

2:05:09 – 2:05:21•Fortuna Smukler

All right, is that meeting a public record? Is that a public meeting? Can one find out how people voted on that, on those items?

2:05:53 – 2:06:21•Fortuna Smukler

No, no, not you. I'm talking about the mayor. I just changed it. Okay, I still think that you assisted the counsel of Mr. Planas. I feel like you assisted him, and I'm entitled to that opinion, so I'm just saying that that's how I feel. And thank you, North Miami Beach Police Department, for always taking care of all of us.

2:06:24 – 2:12:21•Lynn Su

Commissioner Lin Tsu. Good evening, everyone. Okay, that was a pretty heavy conversation. So with the support of our city manager's office, I have the honor of representing North Miami Beach as a member of the National League of Cities for the Energy, Environment, and Natural Resource Board in Louisville, Kentucky. I successfully advocated for federal legislative priorities that expanded grant opportunities for smaller cities and streamlined the federal grant process for municipalities with limited resources such as our own. Those priorities were adopted by the EENR board and now will become p

2:14:49•Fortuna Smukler

We did vote on free classes. On the free to residents. Yeah. So free entrance to residents.

2:15:35 – 2:15:48•Phyllis Smith

I'll look into it. Remember, there wasn't enough money, so it was like first-come, first-served, and we said, no, we wanted everybody to get free swimming lessons, so I appreciate you bringing that up. Yeah, and I'd like to... Can I chime in just real quick?

2:17:00 – 2:17:15•Lynn Su

through the mayor, just swimming lessons. We had adopted a resolution that accepted Children's Trust. This was actually, there was a presentation from Miami-Dade League of Cities that we attended and the Children's Trust, is that?

2:17:56•Michael Joseph, Esq.

Just want to have a, everyone just want to have a speedy meeting. Next item is manager of support.

2:29:31 – 2:29:57•Michael Joseph, Esq.

uh that is certainly unacceptable position which we're going to uh be addressing um next for parks and recreation uh yes absolutely thank you mr manager yes um i know that was brought up um the cylinder was brought up like some type of uh stuff going on over there in regards to library but i just wanted to clarify is there any investigation ongoing currently or just to clarify

2:30:45•Michael Joseph, Esq.

No, no, no. I just, like I said, I thought it was going to, I thought there was, there was not nothing ongoing, but if you're saying that it is, I just thought you were going to clarify it. I know the chief is going to come up.

2:30:54 – 2:31:37•Phyllis Smith

Mr. Mayor, could I just... Oh, Mr. and Mrs. Smith. I just want to ask you, because I'm hearing two things here tonight. The friends of the library indicated that the library's not under the manager the library's under the library association So will you? When you bring back your report the next time will you clarify that for all of us? Absolutely would be my pleasure Thank you and then the thing about the library that we want to make sure when you bring back your report is What what going forward? What are can the public expect? Can they expect most of what they had? I just want I want to incl

2:33:21 – 2:33:50•Daniela Jean

Thank you, Mr. Mayor. The question I have, and thank you for the update, Mr. Manager. Yes. Can you give us, when you mentioned the $11 million savings and the $500,000 that you also mentioned for events reduction, can you also provide line items to us of what will be removed that would help us kind of get a better screenshot of what's happening? So if you can give us a comparison of what's being extracted from the current budget to the next one.

2:36:17 – 2:36:42•Fortuna Smukler

Thank you. So you said you got a text or a call in the middle of the night from- Highland Village, right? So it wasn't Eastern Shores, so you didn't come running to Eastern Shores, right? That's correct. Just to clarify that other communities get service in the middle of the night. Okay. The other thing, you said that this is a plan for the five parks. Can you tell me the five parks?

2:37:02•Fortuna Smukler

All right, so when you build Washington Park, are you already gonna build it with a generator already?

2:37:28 – 2:37:46•Fortuna Smukler

yes so wait so the eastern shores tiny tot lot is not getting a generator just asking so you just asking i'm i'm joking we don't have space to put anything on that tot lot i'm just trying to it doesn't even have a closed in building yeah you probably don't we don't have it mr mayor for the mayor yes

2:37:48 – 2:38:47•Phyllis Smith

You know Highland Village, when we had no electricity, we brought an emergency vehicle to Highland Village just so people could come, elderly especially, and cool off for an hour. just so people could come and cool off for an hour. And I remember we brought ice at the time, Commissioner Hayman brought ice. So this is an excellent program. But the county does use North Miami Beach when there's a hurricane coming, North Miami Beach High School. so my question is does the liability insurance that we carry for the children after school would that cover this as well that everybody's coming in when

2:38:55•Phyllis Smith

Okay? All the parks that you'll utilize as that kind of thing, just to make sure our insurance doesn't need to be upgraded.

2:39:42•Phyllis Smith

And take it into the schools. We want to take it into schools in the fall.

2:43:19 – 2:43:53•Jay Chernoff

In code enforcement, the... Yeah. In code enforcement, the thing that we're, as a city, want to do is we want compliance. So we don't want to fine and make the resident hurt more by ever coming before us. And that's the buffer that the code enforcement board is. They can hear that. They can hear the resident that they're in trouble or anything like that. It's a better sounding board than somebody just saying, boom, boom, you know.

2:52:07 – 2:52:54•Phyllis Smith

Okay, I just see here now. I just open it. I'm not reading it, but trying to see what it was involved and tells me a payment of $52,091.03 to one party payment of 90,000 payable another a payment of a 111,883 due by October 3rd 2031. And then put you into for statue 626 $992.96. The total cost to the North Miami Beach. For the payments, I don't want to go into detail because I'm not sure what the number is when I try to read. That's why I need to digest it.

2:53:22 – 2:53:57•Phyllis Smith

I just feel, quite frankly, Mr. Attorney, I feel like we need this information. Without an executive session, it's not a question of is it not standard, it's not a question is it not a simple, easy to understand reason that we, it could have gone to court, it could have cost us another couple hundred thousand, we negotiated, it took you a couple months, but we got it down. It's a question if it's the city's money, And I want to understand how the city's money came to that conclusion when we're saying yes. We're just saying yes.

2:54:21•Phyllis Smith

Well, I wasn't going to say that it was pediatric and all those things because I don't want to, it also says confidential.

2:55:47•Phyllis Smith

So we're not paying 142. We're going to pay 200 and 50. No, ma'am. Three. When he's 18 years old and he gets the second amount.

2:58:07 – 2:58:43•Phyllis Smith

But you understand as a commissioner, and I understand it, and I'm kind of reading it and seeing it. I didn't even open up the second one. But I'm taking what you tell me is how I'm voting. and I would rather vote on what's written on the paper because that's what's gonna be the resolution or the law or however it is. That's what's gonna be. That's why I read it because when there's mistakes, it say on line 12, 50,000 and on line 14 for the same thing, it says 64,000. That goes into the record and in the end, you don't know if you voted for 50,000 or 64,000.

3:00:23•Phyllis Smith

It was probably one of the 11 times I said I can't read it and pay attention to the public at the same time. Thank you.

3:00:31•Michael Joseph, Esq.

Before we go is that no, thank you. No, no, I'm saying is that what you would like for future?

3:00:38•Michael Joseph, Esq.

I just want to make sure that's the yes. All right.

3:00:41•Phyllis Smith

So I want to see what I'm voting for prior to sitting in this chair.

3:00:45•Michael Joseph, Esq.

Like this type of legislation that you'd want to have this beforehand. Yes, I do.

3:01:05 – 3:01:52•Lynn Su

Thank you, Mr. Mayor. I'm kind of like, you know, I don't want to ask about this stuff because usually when we're paying a settlement of anything in this amount over the 50,000 threshold, we always get an executive session where we get to ask all the questions that we want to. Now, Mr. Attorney, when you say $5,000 doesn't need an executive session, I completely agree. But you saying that 142 and another settlement totaling over $200,000, I think we absolutely need an executive session. There was no conversation about that. I have a question, though. When did this case happen? Like, when did t

3:02:28 – 3:03:35•Lynn Su

I only see the email from July 21. I see Armand Johnson's memo July 8. Then there's an addendum to the agreement and a settlement agreement with a mutual release. in there i do not see dates of when the accident happened so if it was well over a year why are we hearing about it now this is what bothers me because it's not a small amount of money and you know if they could prove that it is absolutely true that there was negligence on our part of course like the kid has lost his elbow i mean i don't know which part of his arm but Just the fact that that happened to him, of course we do want to s

3:05:44•Lynn Su

What number is much lower? Can you clarify that? You said our number is much lower. What number was that?

3:06:21•Lynn Su

So it is actually below $100,000. The $52,000 was the attorney fees.

3:06:29 – 3:06:43•Lynn Su

You see it. Jeffrey R. Davis, PA, is $52,000. The payment to MetLife Assignment Company that is going to grow in equity or grow in value when he's 18, that's the $90,000.

3:09:05 – 3:09:46•Lynn Su

Mr. Attorney, there was a confession from our side. There was no litigation involved, no needed litigation. Right. It was all a settlement. Well, you said one of our one of the staff members went in to testify and basically admitted fault. Now, I'm not right. So why would we litigate? We settled. That's the point. That's what I'm trying to say. You're telling me that you're saving the city money by not litigating. I'm like, what is there to litigate? There's nothing to litigate to begin with. I'm asking you about when this happened, when this, I mean, why is it that we can't bring this item in

3:11:48 – 3:12:23•Lynn Su

Thank you. My point is telling you is we had to, we knew nothing about it until the judge already placed, put an order or made a decision, had a verdict out, decided or what's that? Her decision, excuse me. after the judge had already made the decision, we were not informed at all about the whole situation. That is the problem that I have. Second of all, you bring this to us when it's already said and done. Like, this is like, here's the bill. Take care of it.

3:12:41•Lynn Su

No, because what you're saying to me is not the point that I'm trying to make.

3:12:52 – 3:13:25•Lynn Su

I am telling you that you should have done a better job to inform us and gotten us an executive session. I don't know what you don't understand about this. And then here we're going. I was just too close to the microphone. So I was gonna say that I would demand a special session and if we have till August 4th, then we should all discuss this and find out where things went wrong so that we can avoid this happening in the future.

3:13:29 – 3:14:10•Lynn Su

Where things went wrong was when- Went wrong with your duty of what you were supposed to do with us. You were supposed to come to us and ask us for an executive session. Hey, you know, there is a settlement being set at 190,000. We are going to negotiate it down. You did the same thing when we went through Duxory, when we went through all other cases that we had settled in an executive session before. That's all I'm asking. I'm asking that we should sit down, have Mr. Arman here. I don't know, is he going to be on vacation until August 4th? Can we have somebody else explain the situation? I wa

3:14:19 – 3:16:05•Phyllis Smith

no executive session there either mr attorney no executive session there either mr attorney the mayor gave me the floor to inject something if i may there's three things that are going to be involved here very important things number one i'll make the motion to stay an extra hour so we can really do the agenda number two my all my years all my years prior to this we had a preliminary meeting, they have it in Aventura, you wanna compare us to Aventura, you wanna compare us to Sunny Isles, you have a meeting with all the department heads to answer questions, and you go over the agenda a week bef

3:16:07•Phyllis Smith

I didn't say that. I'm talking about what is in front of me that I haven't read.

3:16:13 – 3:17:33•Phyllis Smith

No, you cannot right now, Mr. Geller. One minute. One minute, because I have a third thing. Of course, ma'am. One minute. I have a third thing. The third thing is, the public came to hear, here's what's on the agenda, how are you handling it? With all respect, Commissioner Hsu, I understand your aggravation, I have it too, but this isn't the place to, once you say what you want, to go back and forth and back and forth and back and forth the night of the commission meeting. This is an agenda, this is the reputation we have as a city because we don't control ourselves. And I just feel very stron

3:18:01 – 3:18:22•Phyllis Smith

With all respect, it's always operated that way while I was here. A pre-meeting? A pre-meeting, always. We were on the fourth floor. We sat... It was a two-hour meeting. You had Mr. Kassan was always there. The public was on one side. The employees were on the other side, and we were on that circular table that was there for every meeting.

3:18:29•Phyllis Smith

With respect, you'd have to get the majority vote to agree, and I think you or somebody from your firm would have to be there because we like you. Of course.

3:19:37•Phyllis Smith

They're discussed. You're answering me with all respect. That executive session wasn't my issue. I didn't need an executive session.

3:19:46 – 3:20:02•Michael Joseph, Esq.

Look, even in regards to how we do our commission conference, it's gotten from doing a couple of recognitions to taking an hour and a half. We have to limit that. If we were to limit that, we could do a lot more pre-meeting.

3:20:06•Fortuna Smukler

I think there's an item on the agenda about that. That speaks to that?

3:20:11 – 3:20:41•Michael Joseph, Esq.

Oh, it's a discussion item. So I think we can further hash this out. I think we should limit what we, like, how many, you know, depending on... I would say I'm fine with one per person. I'm fine with that. But what I'm saying is that just, and unless it's an extraordinary event, I mean, we can make accommodations, but if it's just like, if it's one per person, I think we can hold to that and everything, and subsequent, the remainder of the time, we can focus on pre-meeting.

3:20:44•Phyllis Smith

We recognize tonight each one was very deserving. I understand.

3:22:20 – 3:22:31•Jay Chernoff

Go ahead. Your pleasure. Part of the problem is we just spent a half hour, 45 minutes, no offense, on things that we're going to have to discuss again.

3:22:33 – 3:22:52•Michael Joseph, Esq.

we don't we don't have to discuss it but okay but just so that's work no no i i understand what you're saying commissioner turnoff but let's discuss the chart please because just can we go on yeah i make a motion that we move up the charter item to now no we can do yeah second all right second all right all right okay go ahead speak on thank you okay let me let me try to do this quickly

3:23:47•Phyllis Smith

I'm trying to look back. I was on two charter things. I don't think the attorney charged us ever. I think they made that part of their.

3:29:37 – 3:30:04•Phyllis Smith

What he's saying is they repeated the same thing twice. Commissioner what they would they repeated the same thing twice and what he's saying is instead of giving us the Usual that I was accustomed to where he would give us the three or four that would actually be on the ballot He gave you one paragraph that the three or four things that go on the ballot is in reference to those things in that one paragraph.

3:33:55 – 3:34:27•Phyllis Smith

Mr. Geller, can I speak for a few minutes? Thank you, Mr. Mayor. what i'm looking at here and the rest of my colleagues is that what you're expecting that one paragraph to be on the ballot the official ballot is going to have only that paragraph one question yes ma'am because we are limited to 75 words hold on per item hold on but we're only having one item

3:34:31 – 3:37:38•Phyllis Smith

You don't have to go further. I wanna clarify what I'm doing. So I was at the meeting, because I'm a commissioner. So I know what this means about compensation. But the public's gonna vote yes or no. They have no idea what you're talking about. How do they know what they're voting for? How do they know that the compensation Or the changing of the election date. Changes to May. How did they know? Any of this? That if it changes to May, the Commissioners that are currently here not here the next time we'll get an extra. Whatever 56 months, six months. How did they know? that the commission compe

3:37:41•Michael Joseph, Esq.

supportive. I don't like to change the dates or anything, but what you're looking at, there's a summary and then in that it breaks everything down.

3:37:49•Phyllis Smith

Where is it going to break it down? He's saying no. He's saying this is I asked specifically, was this all they're going to see? And his answer was yes.

3:38:26•Phyllis Smith

There's two to 400 people that follow the city.

3:40:07 – 3:42:24•Phyllis Smith

to do it that way we'll do it that way that's your choice not mine okay mr giller i come to this commission with common sense that's my that's my gift i'm giving the public my common sense and my 80 years experience and almost 50 years selling real estate if it's not written and not initialed it's not happening the only thing and that's why i'm so adamant This does not make sense. They're gonna look it up ahead of time and then they're gonna go to the clerk and get the details or they're gonna watch the video. No, if you find 100 people that would do that, let me know. Two, they're gonna go to

3:42:27 – 3:42:55•Fortuna Smukler

Yeah, so I personally, I think there's like five or six here. I would like them separated because there's some that as a voter, I'm not even talking about as commissioner right here. When I go vote, there's some that I may vote yes, and there's some that I vote no. And if it's this way, then I may just have to vote no, and so may many other people. So I would like to see these separated, please.

3:43:38•Phyllis Smith

It was not, and that's why I'm bringing it back that I think it's pertinent.

3:43:43•Lynn Su

I think that's about the variances, right, Commissioner Smith?

3:43:46•Fortuna Smukler

I'd like to make a motion to split them up, please.

3:43:50 – 3:44:11•Jay Chernoff

If you split them all up, if you have two or three that are going to get approved. If you have two or three that are going to get approved, and two that are gonna lose, in this way, it either fails or it doesn't.

3:44:12•Fortuna Smukler

But let the people decide what they want. Not everybody wants it.

3:44:16•Michael Joseph, Esq.

No, no, but the thing is this. Because like I said, I'm not supportive of it at all.

3:44:26•Michael Joseph, Esq.

Even when we had the 10 or the 20, only what was it, two?

3:44:32•Fortuna Smukler

Two of them that went through. In 2016, there was, I believe it was 10, and only two went. Two goes. I'm like, yeah, it doesn't matter. No, two failed.

3:44:41 – 3:45:02•Michael Joseph, Esq.

no no no it was a it was um there was a bunch of them but like it was a civil service they mostly failed they mostly failed right mostly failed so but i want to bring back two that didn't pass Okay, Mr. Kazan, with all due respect, go ahead, Commissioner Smith.

3:45:02•Phyllis Smith

No, I think I made the motion, but it doesn't matter to me who makes the motion.

3:45:08 – 3:45:21•Michael Joseph, Esq.

No, this was not tied to that. This was tied to, this pretty much is a resolution. It's not tied to that. And we had six hours of this before. There's a motion to separate, right?

3:45:21•Phyllis Smith

I made the motion. She made the motion. We all made the motion.

3:45:24•Michael Joseph, Esq.

Give them the direction to separate them.

3:45:47•Phyllis Smith

Well, that's the third time you said that. Let me just say to you, I didn't think you needed that instruction because I've seen it done that way twice. I thought that was standard.

3:46:01•Fortuna Smukler

I'm pretty sure we said that we wanted them individual.

3:46:24 – 3:46:47•Phyllis Smith

no but now i want to bring back and mr attorney can i bring back the two issues one i want the manager to just explain to me maybe be off the table still or something we we didn't understand and the other one is to add the fourth one because you can have six or eight and the fourth one that it has to be the most recent information

3:47:30•Fortuna Smukler

So here we have like six, is it five or six items? Let's just make five or six items.

3:47:40•Phyllis Smith

Each one of them make it one. Okay. Mr. Mayor, could we please ask the manager to explain the one that we voted down?

3:47:52 – 3:48:15•Phyllis Smith

No, this was the second one that really involved, it really involved I don't know a power, I'm gonna listen to what he says, but it involved lawsuits and how the city is greatly affected. So I wanted the manager to tell us, because it could make a significant difference in the next 10 years.

3:48:15 – 3:48:26•Fortuna Smukler

Okay, and in 2009, I think it is, there were seven ballot amendments for the city of North Miami Beach. So we can have six. It's fine. Yeah, for sure.

3:49:14•Fortuna Smukler

So cover them all. Can you do up to five, please?

3:49:24•Phyllis Smith

Well, it could be six. I think it's- Up to six. Up to six, okay.

3:49:40•Fortuna Smukler

I said there were seven last time. We can do seven again.

3:49:42•Phyllis Smith

I would say we can go up to seven. So I have a motion.

3:49:45•Fortuna Smukler

Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye.

3:49:50•Phyllis Smith

Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye.

3:54:03•Phyllis Smith

So I really need everybody's input. Please, commissioners, help me with this one because you're a yin and a yang to give up the Civil Service Board.

3:54:42 – 3:55:38•Phyllis Smith

I wasn't discussing because I'm total agreement that that should go on the ballot and that 7.1 should go on, but 7.2, to eliminate the civil service, when you're not in the union, you won't have a voice. And yet, if that's the case, I didn't realize that the civil service may suggest that they shouldn't be fired, but that doesn't mean that that is the final word that they aren't fired. In other words, if the manager, forget the manager we had, Mr. Williams, let's say four years from now, a manager fires somebody and they go to the civil service board, if the civil service board reverses it, th

3:55:38 – 3:56:31•Fortuna Smukler

The civil service board is five residents and one from the police union and one from the general employees union. And I served as a chair of the civil service board for years. And I was in the committee prior to being the chair for years. And I don't ever remember, I mean, there was only one time that there was a case about firing somebody that we actually reversed it. But that was one time in years. And that was with attorneys and attorneys for this side, attorneys for that side. That was like, that meeting took hours. but I will never get rid of the Civil Service Board. I don't have an issue

3:58:00 – 3:59:46•Fortuna Smukler

All right, and then one more thing. The reason that there hasn't been a civil service board meeting in eight years, by the way, is because the prior meeting prior to me coming on did changes to the, no, it wasn't the charter. It was the civil service rule changes was done by the commission. It was done by the commission. Okay, actually, let me backtrack. The Civil Service Board did changes. Our changes were more to modernize it, to do, you know, instead of he, well, instead of saying he or she, it was, you know, correct terms. We added things that just were, you know, the civil service was don

3:59:47 – 3:59:58•Michael Joseph, Esq.

If if no, no, but like, OK, so can we because like I said, I just want us to move on. Can we just can we see we can do this by another form of legislation through an ordinance, please, on the civil service?

3:59:58•Fortuna Smukler

Well, if we can, I think we I think we but I don't want the deadline of the 24th to pass and then find out we can't.

4:00:08•Fortuna Smukler

7.1. I'll accept the one about the anniversary.

4:00:11•Phyllis Smith

I would like to add 7.1 and I'd like to add also the one that says the most current information.

4:00:44•Michael Joseph, Esq.

There's a motion and a second. All in favor say aye.

4:00:50•Phyllis Smith

I make the motion that the ordinance regarding that if they need to hire engineers, if they need to develop.

4:01:03•Michael Joseph, Esq.

No, we had a motion to reconsider the 7.1, the anniversary one.

4:01:07 – 4:01:19•Phyllis Smith

Okay, now we have to vote on it. Yes. Okay, I make a motion we vote on 7.1. Is it most on the ballot? Second. Opposed? All right. Okay, the one about the I'm opposed.

4:01:19•Michael Joseph, Esq.

Wait, wait, wait, wait, wait, let's do it.

4:01:22•Fortuna Smukler

Wait. Well, I want the anniversary part. That's it. Okay. Oh, okay. But I thought he said it was something else.

4:01:38•Michael Joseph, Esq.

There's only two items. One, looking up to the most updated information.

4:01:47•Fortuna Smukler

The anniversary. We just voted on the anniversary. All right. No. I'm a yes.

4:01:55•Michael Joseph, Esq.

On anniversary. Next is the most recent information.

4:01:58•Phyllis Smith

The most updated information on the engineers where they have to, if the city's requiring it, the developer has to pay, but it has to be the most updated information.

4:02:12•Jay Chernoff

If somebody, we had to hire it, they... The developer had to pay.

4:02:23•Michael Joseph, Esq.

I guess you have to add the language when you draft it up. All right.

4:02:30•Phyllis Smith

A second. Second. All in favor say aye. Aye. Aye. Opposed?

4:02:33•Michael Joseph, Esq.

Aye. Aye. Yeah, it's just for that language. I oppose. Next item is, now we're going into the consent agenda, please.

4:03:14•Jay Chernoff

No, that's not what it is. No, we didn't.

4:03:18•Michael Joseph, Esq.

Up to seven ballots. That's what I'm saying. To the best of your ability. We've already voted on it.

4:03:22•Phyllis Smith

You put two of them, three of them together of the ones that we passed before. Continue to do that.

4:03:27 – 4:03:38•Daniela Jean

Continue to do that. Up to seven. We just want the three that are on here. Remember that if we added nine and each has to be five words, how is he going to condense them? Because some of them are.

4:03:38•Fortuna Smukler

So let's just make, let's just do nine. I mean, up to nine.

4:03:46•Fortuna Smukler

She has to resend the other motion first. I resend my updated.

4:04:01•Fortuna Smukler

I want to resend my previous motion and change it to up to nine.

4:04:09 – 4:04:27•Phyllis Smith

Excuse me. What we're saying, what I think we're saying is when you said that we're already part of an ordinance in our city, we don't need that. We still don't need that one. Why do we have nine?

4:04:34 – 4:04:53•Phyllis Smith

But the ones when you said earlier... to Commissioner Smucker had something that she wanted. You said that's already in an ordinance. What was it? No, what I said was that no, there was he when the city attorney said that the minor ones weren't going to go on the ballot because they were already part of an ordinance.

4:04:57•Fortuna Smukler

I was talking about how the vote, how the commission itself changed the civil service. No, no, no, that had nothing to do with it.

4:05:04•Michael Joseph, Esq.

Okay, okay, but like, just so, right now, just to collect, because look.

4:05:17•Fortuna Smukler

Up to nine doesn't mean nine. Second. Second.

4:05:44•Phyllis Smith

No, I mean, but it didn't pass the other day. Okay.

4:06:00 – 4:06:16•Jay Chernoff

Like the first one was a power thing. Anybody? Manager? What was the power? The first one was like something on power. 7.1, I think.

4:06:16•Michael Joseph, Esq.

7.1, Commissioner. 7.1? Yes, sir. Madam Clerk, can we go to consent, please? Go to consent, please.

4:13:19•Michael Joseph, Esq.

All in favor say aye. Aye. All right, discussion items.

4:13:43•Fortuna Smukler

Mr. Manager, if you can update us on the figures contract.

4:15:34•Fortuna Smukler

Okay, so now we paid them and they did not provide any services to us?

4:15:45•Fortuna Smukler

All right, so can we get money, ask for money back?

4:16:32•Fortuna Smukler

All right. I would like to request everything back because if they haven't done anything, then they shouldn't get paid.

4:16:55•Lynn Su

Through the mayor. I have a question about this. Was it ever procured?

4:17:03•Lynn Su

So there was a comparison and we still chose an expensive one?

4:17:21•Lynn Su

Like, can you name a couple of circumstances for me, please?

4:18:31•Lynn Su

Just because I'm, did you procure the other vendor that we have for text messaging? No. Oh, you didn't do that either?

4:19:18•Lynn Su

Oh, the previous one didn't either know it did not. Oh, interesting. Okay. I was just curious about that.

4:19:25•Michael Joseph, Esq.

All right. Your turn, Commissioner. So your next item kind of.

4:19:29 – 4:25:00•Lynn Su

Okay, so this is again about the city attorney. Once again, I'm raising a serious concern regarding the performance of our city attorney. I think today we have had many examples of having agenda items that we are supposed to be voting on being placed on the dais on the day of. Last time we had four items, the time before that we had a couple. I think this is not, well, let me, to keep the time straight here, so the level of legal counsel being given to us, our staff and our residents, is unacceptable. The city attorney's job is to advise the commission and not be the eighth commissioner. Yet a

4:25:10 – 4:25:22•Lynn Su

I did over the phone. I asked you where's the member when I was asking you about the the document that attachment? I said, Did you also have the minutes were missing the minutes from the 14th?

4:25:27 – 4:25:44•Lynn Su

No, what did I answer? No, you said you don't have it ready yet. Because you said you weren't here. You don't know if Elizabeth, and you did refer to Elizabeth, and you said you don't know if Elizabeth had prepared it already. But as of like you verifying it, you didn't have it.

4:25:45•Michael Joseph, Esq.

Okay. Next discussion item is proclamation. Your item.

4:25:54 – 4:26:49•Lynn Su

All right. Today, yet again, we exceeded our time for the proclamation and recognition. I don't want to take any recognition away from any of our residents, but I want us to be cognizant of the time that we spend in recognizing individuals when we are actually doing the work of the public, all of North Miami Beach residents. I also want to make sure that we are protecting the sanctity and the sacredness or the specialness of our proclamations. I don't know how many proclamations that we have issued this year, but I know that at one event there was a proclamation given to everyone and it was on

4:26:51 – 4:27:42•Lynn Su

Hang on, hang on. I have a proposal set, and I'd like to hear what you have to say afterwards. I don't want to take away your ability to recognize someone, right? At the same time, I think we should... reserve certain proclamations like that we want to recognize certain residents who have been longtime residents but have deceased and Maybe we can call those resolution of condolences instead so that it is separated from proclamations I would love to give proclamations certificates and key to the city to people who actually like in the level that it is deserved. And deserving is in your judgment

4:27:43•Michael Joseph, Esq.

The only thing I would say, not to cut you off, is because something was brought up and this needs to be mitigated a little bit harder. There was a key that was given this past weekend.

4:28:03 – 4:28:16•Michael Joseph, Esq.

Let's be clear. It was, right? But that didn't, I think we should do a better job in informing all of us, especially when it's something like that. to be a lot more aggravated in letting us know that that honor is going to be offered.

4:28:20•Lynn Su

Welcome to the mic, Mr. Mayor. Sorry. Microphone, yeah.

4:28:24•Michael Joseph, Esq.

So I didn't know what, I knew what was happening, but even it slipped my mind. That's what I'm saying.

4:28:29 – 4:28:55•Phyllis Smith

I'm going to add from now on when we donate anything from the city when we get to the events that they invite the mayor and the commission to everything that we participated because we did not get invited. And we did give them the auditorium, not the auditorium. We gave them the amphitheater and we gave them the generator. And they did not include us on an invitation to be there.

4:28:55•Michael Joseph, Esq.

No, what? No, I'm just a. No, we were all we were all invited. Know what I'm saying? This was more of like communication. No, we were all.

4:29:06•Phyllis Smith

But I'm talking about an email to invite you so you know what time, where are you going to be on stage? Is there a run of the, you're going to give the key.

4:29:16 – 4:29:35•Michael Joseph, Esq.

The email had the time. It was. I got the email. If I said at this time, the key will be presented. I just think that we have to do a better job at least letting us all know when those events are happening. So it was there. I saw it. It was on Saturday. And it said at this specific time, the key will be given. It said it.

4:29:38•Lynn Su

I think Bernice actually wrote us an email, I believe. It's not in my calendar.

4:29:43•Fortuna Smukler

I know it was out. I saw it in the calendar. There's my city calendar, July 18th.

4:29:48•Michael Joseph, Esq.

No, no, wait, wait, wait. Just to clarify, Bernice is here. Please, because I have her email, so I'm not going to throw anybody under the bus. I got the email.

4:30:44 – 4:31:25•Lynn Su

Yeah, I just wanna get through. So there's four categories of things that we usually use as a reward or as a recognition, ceremonial presentations, whatever. So I'm thinking of resolutions of condolences, certificates, proclamations, key to the city. now i think the highest honor in giving all these awards out is at city hall right because they have the backdrop they have all of us here to take pictures with them it's not an individual person giving them the proclamation so i was thinking that perhaps we could limit it to one commissioner one proclamation per month in in the chamber then whate

4:31:29•Michael Joseph, Esq.

What I would suggest is this. I think we need more of a policy. It's going to take some time to draft that up. If you want to work with staff and the manager's office to come up.

4:31:37•Lynn Su

No, actually I did. I worked with staff on this.

4:31:42 – 4:31:56•Michael Joseph, Esq.

Can we have something so we can work on? I just said for our commission conferences. Got it. Just for amongst us. Can we just keep it to one person? One hour. No, not one hour.

4:31:59•Fortuna Smukler

One proclamation slash certificate. That's what I was saying. Or recognition. Yeah, one recognition per commissioner.

4:32:08•Lynn Su

I really want to do that. That's what I was saying.

4:32:10 – 4:32:32•Fortuna Smukler

so so i have a question so i'm i'm doing one next month no in september i think for a hunger month or something and i think someone else wanted to do it with me so does that count as one for is that a half and if three people sponsored the third no like seriously does that mean well

4:32:33•Michael Joseph, Esq.

You have a prime sponsor and you have a co-sponsor, so that would be yours. I guess everybody can co-sponsor. Commissioner Chernoff, sorry.

4:32:40•Jay Chernoff

Haven't we had this discussion two or three times? I know, I know.

4:32:44•Fortuna Smukler

We never came to a conclusion. We did like two months ago. We said we were going to limit it.

4:32:47•Jay Chernoff

Well, no, the manager came up with something.

4:32:51•Michael Joseph, Esq.

No, it came for our legislation that we had to do.

4:32:54•Fortuna Smukler

That was the agenda. We made a commitment two months ago that the next month we weren't going to do anything.

4:33:01•Michael Joseph, Esq.

All I'm saying is can we recommit to that, please?

4:33:06 – 4:33:41•Lynn Su

Okay, and also I want us to request it a couple of days earlier so that the staff would have time to manage this and not have to deal with all the things like in the last minute, right? And then also I think that we all should have one key that we give per year just to keep the specialness of the key, right? Now, listen, I'm not about, hang on, I'm not about limiting it, but what I want to bring is, I mean, at least we should all agree that that person that we want to give the key to gets the key.

4:33:41 – 4:34:18•Michael Joseph, Esq.

No, I understand it, but I think keeping the consensus for our city business on a day we do business, that's sufficient enough. Look, for me, you know, as a matter of fact, long ago, under the prior mayor, unless he gave the say-so, none of them got out. No proclamations, no keys, no nothing. No, no. Madam Clerk, correct me if I'm wrong. Correct me if I'm wrong. You're correct. Correct. No, no, no. If he didn't... Tony. Tony. Unless he's got the green light, nothing went out.

4:34:18•Lynn Su

No, but here's my question to you. I have a question to that, because like, do you think then that our proclamations are more valuable to people?

4:34:28 – 4:34:50•Michael Joseph, Esq.

I just my thing is that I'm I think we're here and we have we represent the city. I think we use our own best judgment on who to honor. And I've never abridged that. It's up to you guys. So at the end of the day, I think one proclamation per commission conference is sufficient enough. And let's move on to the next.

4:34:50 – 4:35:11•Lynn Su

Okay, so here, let me propose something. Oh, no, I'm finalizing this. I will have staff send you the draft that we worked on, and after that, you put your comments in, and then we're going to create a resolution where we all commit to it, and that's it. So everybody gets to put in their two cents. Yes, and then we'll come up with a resolution so that we can get that.

4:35:11 – 4:35:25•Phyllis Smith

I only think the key is an unusual thing. I think it should be a very limited, very, very limited... I think it's for extreme, but there might be some time that there will be 2 very important people come in a year.

4:35:25 – 4:35:36•Lynn Su

There's somebody and I don't know the right, like, if we had Jeanette Nunez or, you know, whatever. Right? I mean, there's. There was a writer, a Haitian writer, forgot his name.

4:35:40 – 4:37:31•Fortuna Smukler

So my discussion item, and I'm not going to get into the specifics of it. All I'm just going to say is that, okay, so let me go in the past. In the past, there's been occasions where the city has purchased a table to an event, and it's been empty. It's been three commissioners will show up, and there's seven seats empty. And I've always... I think it doesn't look, well, first it's a waste of money for us to even do that and also it makes our city look bad. And I always thought that we should either fill it up with city staff or city residents that are deserving, you know, city residents that v

4:37:31 – 4:37:49•Phyllis Smith

And could you add to that, that a table is not purchased just by somebody saying, I want to purchase a table. It has to come out of their contingency, or that's the way it has to be. Or voted on by the council. Or it's in the budget. I agree.

4:37:52•Daniela Jean

How much was the sponsorship for the Miami-Dade League of Cities? How much did we come in on? I don't know. It was in the budget.

4:38:03•Michael Joseph, Esq.

For what? For the title sponsor. All right.

4:38:09 – 4:38:25•Phyllis Smith

Next is event cost, Commissioner Smith. What was it? Oh, it's right, what I was going to ask. All right. Oh. So the event, here's my question. I looked at the tape.

4:38:29 – 4:38:54•Phyllis Smith

in reference to the orchestra coming. So we were told, we voted on it, that it would be sponsored 100%. And I wanted to know how much does it cost and how close the sponsor is. And I spoke to the manager, and right now there's $9,000, am I correct?

4:38:56 – 4:40:12•Phyllis Smith

There's $9,000. So what happened to the mayor? Yeah, that's you. What happened to the mayor with his Juneteenth? I don't want to happen again, that we don't have the money and we have to cancel this concert. I'm going to add to the event when that comes a couple friendly amendments. And one of them is gonna be that if you're gonna get sponsor help for an event, you have to have the money in place before we start advertising it. Because if we don't have the money, and we don't have the money of what it's gonna cost between the concert and what we have, then it has to be canceled, or you have to

4:40:14 – 4:40:27•Phyllis Smith

The sponsorship money without it being CRA money or at which I ask on the tape. It was not CRA money. It was not money from the police department or the water plan. So do we have that money?

4:40:27 – 4:40:55•Daniela Jean

Thank you so much for the question. The commitment was that the event is gonna be fully sponsored. We're still getting sponsorship in. So far the orchestra is about $8,000 and we have that covered. Staff costs and other auxiliary costs are still being raised. So obviously, We had a short time, but we do have a commitment to raising those. I want to make sure because... It will be. There's no, I don't think there needs to be a back and forth there. There was a word given and we're on that trend.

4:40:56 – 4:41:14•Phyllis Smith

Okay. I had calls on the concert. That's why I'm questioning and making sure because these people that are buying tickets for $100, Juneteenth, when it came, unfortunately, There was no, not the funds. So right before it happened, it was canceled.

4:41:18 – 4:42:51•Michael Joseph, Esq.

No, no. We had, the Juneteenth event has always been between $20,000 to $25,000. It was, we hired an outside group, said that we can do it for this. Subsequent to that, a lot of things happened, and it didn't work out. I guess the manager, through his staff, decided to do a pare-down version, and that's what occurred. But there was already money in the budget for that event. And when we do our budget next year, coming for our next year budget, that's one of the events that survived the DEI purge. one of the few. I'm concerned and I know that we're going to get guidance from managers as well as

4:42:52•Michael Joseph, Esq.

Yeah, but no, no, no. You can't give any resources to them.

4:43:04 – 4:43:35•Phyllis Smith

It all goes together, because we're voting on a lot of things. We've got to get it going. Yes, we've got to get it going. But I'll just tell you, it all goes together, because when it comes to the budget, and it comes to the millage rate, and it comes to what the public... and what they're going to get based on our deficit. I just want to make sure, and I use the example of the concert, because I don't want you to be surprised, but I don't want my residents to call me. I've already had, and they don't live here. They live in the county and they bought the tickets.

4:43:36 – 4:43:50•Michael Joseph, Esq.

I understand that, but like I said, we gotta be cognizant of what's gonna be allowed next year. I know we have a packed agenda. Can we go to the, I think we have like the first agenda, like we're actually going into our real business right now, so agenda item, what's the first one? Legislation.

4:43:51•Lynn Su

No, it's a, are we bringing in the ones that we pulled? What about the consent items?

4:43:57•Michael Joseph, Esq.

Oh yeah, the consent, yeah, start out with the consent items that we pulled. Please, go on, start.

4:44:01•Phyllis Smith

12.14. Tell me tell me by the consent agenda number and the number and I'll read them 12.14 12.14.

4:44:28•Lynn Su

Okay, sorry, motion to introduce second.

4:45:07 – 4:46:15•Phyllis Smith

The Economic Development Committee voted for this because it's been very successful going down 164th Street in front of the library when they had all of the trees. decorated when they had the umbrellas up. And the word got out and people came from Broward County, other areas of Dade County just to see it. And they want to continue that. They're working on a beautiful project now where they're going to cover a police car for breast cancer, I'm covering it in pink, and the committee voted unanimously to go down 164th Street, including the amphitheater, so there will be art where it could be danc

4:46:19 – 4:46:52•Daniela Jean

Thank you. I think it's a great idea. What is the legislation for? Is it for the proposal to be created or is it for us to approve the actual district? Approve the actual district. I think I want to mirror the same comments that you made towards the centennial. What is the actual total? If there are suggestions made for particular line items for this to be created, be it signage, be it benches, be it promotional campaigns to actually provide the information to the public, it's a reversal.

4:46:54•Phyllis Smith

I cannot find my, I don't know why it must be still in my house. I will say this to you.

4:47:05 – 4:47:19•Phyllis Smith

I think they were asking for $2,500. I think, I don't know if it applied to that, but that money would be covered either way because it maybe could come out of my contingency.

4:47:23•Lynn Su

Oh, actually I was next, but Vice Mayor, you go first.

4:48:24•Phyllis Smith

I think your suggestion is wonderful, and I'd like to defer this till the next meeting.

4:48:43•Jay Chernoff

Second. Item formerly 12.15, renumbered. Resolution number R.

4:49:59 – 4:50:18•Fortuna Smukler

uh yes hi so i mean the title i think speaks for itself and um i know that um commissioner i believe commissioner smith um had it moved so i'd like to hear her comments and i know commissioner florimond also had a comment so um i'd like to hear

4:50:18 – 4:52:01•Phyllis Smith

What they have to say through the mayor and I would like to add 2 things I like to with the permission of the sponsor and that all sponsored events must have the money prior to any advertising. And the advertising or reserving of rooms, et cetera, anything like that, that the money we, so I just don't want a last minute cancellation. Um, and I wanted that when the city shares in anything that we get an invitation as the mayor, whatever we, whether we give material, whether we give the room, whether we donate money. And I think it's in there, but I want that, um, No vote up here. The gentleman

4:52:04•Fortuna Smukler

And I know that Commissioner Florman. Vice Mayor. I'm sorry, Vice Mayor.

4:54:46 – 4:55:40•Fortuna Smukler

So, okay, so when it's coming out of a contingency, it's still coming out of the city funds. I mean, I usually, like whenever the commission says a woman or the multicultural committee has an event, I usually give some money out of my contingency, but yet my name hasn't been on any, I don't, but I don't put my name in as a sponsor either. I usually give about $1,000, which could entitle me to be named as a Commissioner Smuckler sponsors this because it's coming out of her contingency, but not once in the last at least four years has my name been on any of these events.

4:55:44 – 4:56:02•Daniela Jean

When you did the flower giveaway for the Mother's Day? No, I think we are names used to be on our advisory groups. And then as time went on, they were removed. But there was a time when we sponsored events. And our names was also added to the advisory group as well.

4:56:02•Fortuna Smukler

Right. So I'm saying the last four years, my name has not been on

4:56:08 – 4:56:22•Phyllis Smith

Didn't we say the problem with adding the name was because there's only a 2 or 3 committees right that have that really have events when that's the reason that becomes very.

4:56:22 – 4:56:50•Fortuna Smukler

You know uneven uneven when I when I got sworn in 4 years ago I made the comment that I will not be putting my name or picture in any of the events and all the commissioners should follow suit. And I think ever since then, after that, we did some type of a policy about that. We've talked about it.

4:58:23 – 4:58:40•Fortuna Smukler

When we do the Commissioner of Status of Women or the multicultural events, we do, and I'll use the Commissioner of Status of Women, the City of North Miami Beach Mayor and Commission and the Commissioner of Status of Women present or invite you. So that's how we do it.

4:58:53•Fortuna Smukler

And in Aventura, they don't do their inventory. Not even faces. It's just Aventura.

4:59:15•Michael Joseph, Esq.

No, no, no, we, no, we, we. Going back years. Yeah, but we were going back years.

4:59:23•Phyllis Smith

Well, what happened was, unfortunately, there was a commission up here that abused it. The newsletter? There was commissioners up here that abused the privilege. That's not what we're talking about.

4:59:33•Michael Joseph, Esq.

No, I'm talking about newsletter. I'm not talking about, like, the... Oh, no, no, I'm talking about... I'm talking about newsletters. Like, we used to have... We used to have a newsletter that went out quarterly.

4:59:41•Phyllis Smith

The tents were $1,100 each. We had a commissioner who had to have two.

5:01:28•Fortuna Smukler

Is that what you're saying? Photos are not allowed anyways. So she's adding the names.

5:01:38 – 5:01:53•Phyllis Smith

You also, if it passes, should add that police coverage should be part of H1. I'm sorry? B1 should have police coverage if this passes. It should also be added to the list.

5:02:04•Phyllis Smith

Well, that's what it says, that you'll pay.

5:02:06•Fortuna Smukler

Right, but it has to include police costs as well. Yeah, you have to. Everything.

5:02:22•Michael Joseph, Esq.

So in regards to your legislation, Commissioner Smuckler.

5:02:26•Fortuna Smukler

I accept the proposals that Commissioner Smith wanted to add on.

5:02:31 – 5:02:53•Daniela Jean

Does that include advisory boards as well? How's the governance of the advisory board in relation to the liaisons and their impact or influence over the event? So for example, city manager, when you're doing the budget, are you stripping some of the advisory boards of their budgets or how to commission to the manager's point?

5:02:54•Michael Joseph, Esq.

Multicultural might be gone. Multicultural will probably be gone. And it had the most, so we're going to have to really figure that out.

5:03:09•Daniela Jean

Is the seniors, yeah, the commission for women is also going to be affected because I know the county has dissolved theirs. Theirs is going to sunset in January.

5:03:20 – 5:04:09•Daniela Jean

Seniors, I'm not sure if the seniors advisory is going to also be affected. So in relation to, yeah, the county has already put legislation out that the commission for women will be dissolved from the county level based on state stature. So the question also is for seniors and other advisory boards, have we really did a fine tuning of what budgetary No, it's important because... No, I'm laughing, but things will slowly dissolve themselves. So that's curious to see how you're going to set the budget up with that because I think that through our various advisory boards, we often use our impact t

5:04:25•Fortuna Smukler

But why are you the commissioner status a woman?

5:04:31 – 5:04:44•Daniela Jean

Yeah, because with women, you're singling out a group of people from the population. So it might not seem fair, but that's based on the state law. We've had men in the...

5:06:37•Fortuna Smukler

So like the heart health walk or the back to school, I mean, the commission says a woman has three big events. The heart health...

5:06:50 – 5:07:03•Fortuna Smukler

But that's done, I guess it would have to be done by the city, not by the commissioners. Correct. And then the back to school would have to be done by the city. Correct. And then Mother's Day, maybe, no, because it's. Well, it's for mothers.

5:07:12•Jay Chernoff

Oh, I'll give you 15 minutes past 12. That's right. All right. All right.

5:07:48•Michael Joseph, Esq.

That's correct. So you want to make your motion, Vice Mayor?

5:08:00 – 5:08:16•Fortuna Smukler

No, it's her item. So I make a motion to approve and also to include Commissioner Smith's amendments And OK, so we have to approve the amendments first.

5:08:52•Fortuna Smukler

I second. All those in favor? Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye.

5:09:05•Lynn Su

move to approve wait special meeting. I mean, an executive session or whatever.

5:09:47•Michael Joseph, Esq.

I make a motion. Second. We've all debated. All in favor say aye. Aye. Any opposed? Moves on, next item.

5:10:35•Michael Joseph, Esq.

I make the motion second. All in favor say aye. Aye. Next item.

5:10:40•Fortuna Smukler

Excuse me. Excuse me. Yeah, actually, I never voted on either one of these. So my vote for both of them is a no. Yeah, my vote is what I'm sorry.

5:10:50•Lynn Su

No, for the record, both of them. I didn't vote for either one of them.

5:10:53•Michael Joseph, Esq.

I said for the two settlements, just to know, to know votes. Okay, we got it. Five to two. All right.

5:10:59•Jay Chernoff

Next legislation ordinance number second 2026. So for second reading,

5:11:38•Michael Joseph, Esq.

There's no public comment on this. We can just do a roll call.

5:11:44 – 5:12:08•Phyllis Smith

No, I... Oh, you have a comment? Is there a motion? Yeah, I have a comment. On second reading, but why does it say 500? I want to know what number 9-4.6D means. Contractors and service personnel have a 60-day grace period. What do you mean they have a 60-day grace period? A contractor gets a fine and then they have a 60-day grace period?

5:12:16•Phyllis Smith

So for 60 days they can break the law and we don't care?

5:12:18 – 5:12:29•Lynn Su

I believe it was an education period that the city was going to inform. That was last time that we spoke about this.

5:12:29•Michael Joseph, Esq.

We added that period so people can be, there's an educational period.

5:12:32•Phyllis Smith

Why don't we put to educate? That's fine. Do you want to add that on? Yes, I want to add to educate.

5:12:48 – 5:13:07•Phyllis Smith

It was saying that it's $150 is $300 is 500 perfect. I have no problem with that, but then it says she'll be subject to a civil fine of $500 per occurrence. So how did that come? How did they getting $500 per occurrence when it's $150 for the second offensive? First offense is a warning.

5:13:09•Lynn Su

So after the 500, then it's 500 all along. Great defense.

5:13:15 – 5:13:29•Phyllis Smith

Per occurrence, then we have to add comma after they reach their fourth offense. Yes, I want to add the comma at the point of reaching their third offense.

5:14:06 – 5:14:17•Phyllis Smith

Yeah, but that's the whole purpose of being $150 are the poorest of the poor, the lawn men. Why would we give them a $500 fine from get-go?

5:14:36 – 5:14:50•Phyllis Smith

I want to definitely change it. We had a whole discussion at the first reading. I'd like to change it to read the $500 should be after they had these amendments. A, B, and C, then it's $500.

5:15:31•Phyllis Smith

Correct. I mean, you don't want them to pay $500.

5:15:54•Phyllis Smith

But then the second violation should be 150 because I wanted it to be 100.

5:16:01•Phyllis Smith

The creator of the ordinance wanted it to be 150. I remember distinctly and I said that before.

5:16:10•Phyllis Smith

Okay, make an amendment that we add for...

5:16:16•Phyllis Smith

On D, we add for educational purposes only, and for F, what's the word that you want to add?

5:17:16•Lynn Su

14.4, resolution number R, 2026-96. Second. Second.

5:17:18•Michael Joseph, Esq.

Item 14.4, resolution number R, 2026-96.

5:17:20•Jay Chernoff

Approval of the Memorandum of Understanding of Global Power Admission, GDM. Signed by Commissioner John Rosen.

5:18:16•Lynn Su

I want to discuss. I'm just curious. What is the cost entailed in this?

5:18:22 – 5:18:47•Daniela Jean

Go ahead, Commissioner. There is no cost. This is, as you guys know, GEM has done a lot of disaster relief. They're currently working in Venezuela, different countries, whenever there's a disaster. So this is more for volunteering. for awareness, for hurricane awareness. We had no real hurricane preparedness event this year, so we would be partnering with them to share resources, et cetera.

5:19:24•Lynn Su

So we'll be okay if we defer this so that there's no cost.

5:19:27•Michael Joseph, Esq.

No, it still has to go to it doesn't have a motion in a second. Wait, no.

5:19:33•Lynn Su

Can you explain why it's why we don't need a fiscal impact for this?

5:19:38•Daniela Jean

Well, you mentioned the clause. If you could read it back into the record, Mr. Attorney. As it stands, the MOU does not require a particular...

5:20:16•Michael Joseph, Esq.

All in favor, say aye. Aye. Next item. I'm a no.

5:21:10•Jay Chernoff

Move to introduce resolution number R2026-98. Okay, what is that? Second.

5:21:18•Michael Joseph, Esq.

Was there a second, man? Yeah, second. I second it.

5:22:24 – 5:22:48•Daniela Jean

Thank you, Mr. Attorney. As was mentioned, the library has a similar program. Their program is online. So in contrast, this would be in person at the actual school. Currently, the funds is about $30 to $45 for an individual to actually participate. So my ask today is for 50 residents, and this should be coming from our educational fund.

5:22:50•Fortuna Smukler

And ESOL classes are also online at the library?

5:22:54•Daniela Jean

I'm not sure if we offer ESOL, I just know that GED- We offer both. GED is provided online through an online software and program.

5:23:00•Fortuna Smukler

Actually, we have a teacher, I'm sorry. We have a teacher for ESOL at the library.

5:23:04 – 5:23:58•Lynn Su

So I'd like to- Through the mayor? Okay, I'm also actually working on this with Miami Dade College as well. And what they do is it's the classes are free, but the test to take to find out, identify what level ESOL or what level GED they are at is the charge that is required by the state. The rest of it is actually also funded. It's completely free. And what I wanted to do was instead of them having to go farther away, like to a high school or to a location, they would actually have classes in the community centers. So this is something that I think that I would, I mean, I'd like to propose to

5:23:58 – 5:24:21•Daniela Jean

Thank you for that. The current program that's housed at North Miami Beach Senior High. So it's not something... It's already there, yeah. It's already there. So when you talk about hosting it in community centers, you talk about staff time, you talk about timing for actual availability. So I would say that this could be something that we approve tonight should the commission want to and definitely encourage you to bring your item as well.

5:24:22•Fortuna Smukler

Okay. You could host it at the library where there's a program.

5:24:25•Lynn Su

I know, yeah. I mean, every community center that we have, I will host different classes at different places.

5:24:31•Fortuna Smukler

So personally, I prefer that this money goes to the library where there is already an existing program. I personally would give the money to the library instead.

5:24:42 – 5:25:30•Phyllis Smith

Ms. Trude, the mayor, if I may. I spoke to North Miami Beach Junior High School. They teach Creole, Spanish, French, and they teach reverse people that speak that language, or any language, they teach them English. So the thing that bothers me is you're limiting it to 50 people because of funds. I think we should wait one year and get the deficit caught up is my thought on it. Only because. I didn't hear the question, I mean your statement. Because it's right here in North Miami Beach Senior High, which is right there. I spoke to them today, yesterday, I'm sorry. And I think that we should wai

5:25:31•Daniela Jean

I mean, these funds, obviously, with the educational fund, we've been doing an amazing job raising the funds. So this is not coming from general fund. This is donor-based.

5:25:40•Phyllis Smith

And how much is in the educational fund right now?

5:25:43•Daniela Jean

Currently, maybe 10. We just gave a slew of 10 students $1,000 scholarships. So I'm not sure where the balance is there currently.

5:25:53•Phyllis Smith

How much do we have left in the educational fund?

5:25:57 – 5:26:25•Daniela Jean

Those are sponsors. Huh? Oh, is it like, did it come from developers or I mean? It's corporations. Many corporations have an educational allowment and most cities have to do is ask. So my office, myself, Vince, Megan asked Comcast, T-Mobile, et cetera. It's 25. How much will it be?

5:26:25 – 5:26:38•Michael Joseph, Esq.

$2,500. Okay, do I have a motion? So moved. I have a second. All in favor say aye. Aye. Got a no. Two nos. All right, next item. I need a motion to introduce 14.6.

5:26:38•Phyllis Smith

You know what, I'm a no. No, I don't make motions. Madam Clerk, I'm a no on the last one.

5:29:09•Michael Joseph, Esq.

Yeah, can you read into the record real quick, please?

5:29:12 – 5:29:28•Daniela Jean

And while he comes up, Mr. Mayor, usually we get, Mr. Manager, we usually get some kind of interim notice, the trim, but also the amount of taxes, the amount of taxes that would be yielded from the rollback rate, the amount of taxes that will be yielded.

5:29:29•Phyllis Smith

I can help with that a little bit because I was wondering just this conversation, if we didn't want to take it to 6.0, which I found out cost half a million dollars.

5:29:38•Daniela Jean

He balances the budget based on that amount.

5:29:45 – 5:29:59•Phyllis Smith

I know, but what happened is when I suggested to him he had hair and now he has no hair because he didn't like the suggestion. That would be nuts. But anyway, to answer your question, Commissioner Jean, it's the $500,000 is the difference.

5:30:52•Fortuna Smukler

Mr. Manager, I had, I think I either spoke to you or texted you a few weeks ago about a new state law with the rollback.

5:31:03•Phyllis Smith

Yes, we're in compliance still. You can't go higher than a certain number either.

5:31:30•Lynn Su

Okay, okay, if you don't want to do. All right, motion to adjourn.

These excerpts are remarks by officials whose identity a person confirmed, from a transcript generated automatically from the official public meeting video and presented unedited. Accuracy may vary; view the original recording for reference.