About this meeting
- Government Body
- City Commission
- Meeting Type
- City Commission
- Location
- Miami Beach, FL
- Meeting Date
- May 20, 2026
Transcript
1391 sections
Please take your seats. The meeting is about to begin. Remember to speak into the microphone as this meeting is being recorded for public record. Please stand by. We are going on air in five, four, three, two, one.
Good morning. Welcome to our commissioning meeting of May 20th. Thank you to my colleagues who are here. Some are on the way, but let's get started. I'll turn it over to our city clerk, Raphael Granato, for any pertinent instructions.
Good morning. The City Commission is physically present in the Commission Chamber at Miami Beach City Hall, 1700 Convention Center Drive, third floor. Members of the public are invited to attend either in person or virtually. If you're joining us virtually, you can log in using the Zoom app or visit the zoom.us on your browser. You can also phone in at 305-224-1968 or toll free 888-475-4499. Again, the local number is 305-224-1968. The webinar ID is 813-928-576-71-pound. Again, webinar ID is 813-928-576-71-pound. If you would like to speak virtually on an item during the meeting, please click the raise hand icon in the Zoom app or press star nine on your phone. The Zoom link, webinar ID, and phone number stay the same for every commission meeting. All lobbyists must register with the Office of the City Clerk located on the first floor of City Hall. You do not need to register if you're an expert witness giving only technical or specialized testimony, a representative of a neighborhood association or nonprofit speaking without pay, or a private citizen speaking on your own behalf without compensation. However, if you're an expert witness or a nonprofit or a neighborhood rep, you do need to submit a written disclosure form to the Office of the City Clerk before speaking with a commission or city staff. Forms are available at the office of the city clerk for lobbyist gives or agrees to give a thousand dollars or more to a neighborhood Association or its representative regarding a city matter that must be disclosed in writing to the clerk Note that contingencies fees are not permitted to compensate lobbyists if you plan to speak during the public comment period today We request that you sign in you could sign in using the QR codes located on the on the days on the podiums Good morning
Pursuant to section 286.011 subparagraph eight Florida statutes, as city attorney I hereby advise the mayor and city commission that I desire advice concerning the following pending litigation matter. Penrod Brothers Inc. versus the City of Miami Beach and Boucher Brothers. Case numbers 2023-16657CA01, 2023-56AP012, 2023 CV 23362 and 2025 13415. These cases are pending before the Florida 11th Circuit Civil Division, Florida 11th Circuit Civil Appellate Division, Southern District of Florida and the 11th Circuit respectively. Therefore, a private attorney-client session will be held during the lunch recess of the City Commission meeting in the City Manager's large conference room on the fourth floor of City Hall to discuss settlement negotiations and or strategy related to litigation expenditures. The Mayor will announce the commencement of the attorney-client session prior to recessing the Commission meeting.
Okay. It is now my honor to welcome Rabbi Daniel Hadar. Thank you for being here and your lovely wife Dina for being here as well. Before you start your invocation, I just have to say thank you, not just for me, but really Miami Beach. I've seen the transformation that you have done in North Beach and building a community there, also working together closely, for example, with Normandy Fountain Business Association and David Sexton and others. It's a real true community, and we're thankful and blessed to have you here today.
humbled by your words and I think all of you for all the support for the community and I'm gonna just share a few words of thought and prayer this morning. In honor of, or on behalf of the commission and the mayor, and the great people of Miami Beach were sitting before an auspicious time in the Jewish calendar, which is the holiday of Shavuot, the holiday when we got the Torah, when we got the word of God, as it were, right in front of Mount Sinai. And something very special happened there. The whole nation of Israel came together, it says, as one people with one heart, as though they were just one person. And we found that when that happened, amazing things happen, that when they came together, God was with them. And today I give a blessing and pray that God should give all of you and all of us that we should come together as a city, as one person with one heart, and in doing so, what it shows is that we are of sound mind and of togetherness, and when we're together, purpose of mind, then amazing thing happen. Not just incredible things on our organizational side, but amazing things happens from God. And today I bless the commission that we should see all of that blessing and all the work that you do in bettering our city, in helping us become the best people that we can be and becoming the best people that you can be. May God bless, amen.
Thank you. Thank you, Robert Hadar. Thank you, Dina Hadar. Now I get to surprise someone in the audience to lead us in the pledge. How about Hernan Cardeno? Hernan is our director of code enforcement. We talk a lot about police, but code does an incredible job in code compliance, code enforcement. And welcome up.
Good morning. Please stand if you're able to. Place your right hand over your heart. I pledge allegiance to the flag of the United States of America, to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
Before we start with the time, I wanted to recognize that there was an incident THE OTHER DAY IN OUR CITY IN WHICH SOME TOURISTS FROM OUT OF THE COUNTRY CAME HERE AND DEFACED WITH THE WORDS ADOLPH WAS HERE WITH A SWAT STICKER ON A BENCH AND BY A CROSSWALK THAT HAS BEEN REPRESENTATIVE OF OUR LGBTQ COMMUNITY. I want to open it up for everyone here. It's obviously horrific. And I was thinking about it. Why did this happen in our city? And I did some research and I was looking and I realized nobody's immune from hate. It's how you handle it and how you address it. And I'm so proud of our city, of our representatives. I know we have here COUNCIL GENERAL OF GERMANY, CHRISTOPHER BERGER, WHO'S HERE. I'D LIKE HIM TO SAY A FEW WORDS AS WELL SINCE THEY WERE GERMAN TOURISTS. COMMISSIONER BOTT, THANK YOU. I BELIEVE YOU WERE THE FIRST ONE THAT REACHED OUT TO THE COUNCIL GENERAL IMMEDIATELY TO NOTIFY HIM OF THIS INCIDENT. AND AGAIN, I'M APPRECIATIVE OF EVERYONE UP HERE IN OUR CITY FOR CONDEMNING THIS IMMEDIATELY OUR POLICE DEPARTMENT, FROM THE MOMENT THEY WERE NOTIFIED OF IT, WHICH WAS PRETTY QUICKLY, TO THE TIME OF ARREST, WAS LESS THAN ONE HOUR, USING OUR REAL TIME INTELLIGENCE CENTER CAMERA SYSTEMS, AND I'VE BEEN IN COMMUNICATIONS WITH THE STATE ATTORNEY'S OFFICE, AND I BELIEVE THEY ARE TAKING THIS SERIOUSLY, AND WE'RE GOING TO PROSECUTE THIS TO THE FULL EXTENT OF THE LAW. AS I'VE MENTIONED MANY TIMES, UNFORTUNATELY, ULTIMATELY, HATE LIKE THAT Ultimately and always leads to violence. We've seen that throughout thousands of years of history So very appreciative everyone who took quick swift action I'd like to ask council general to say a few words and Thank you very much mayor minor for inviting me to speak here today Also, thank you again Commissioner, but for being the first to alert me to this incident yesterday
I, my name is Christopher Berger, I have the honor of representing the Federal Republic of Germany here in the great state of Florida and also being a proud resident of this beautiful city of Miami Beach. More than 300,000 German tourists visit Florida every year and I am happy to say that most of them are well behaved and well received here and rarely ever get in trouble with the law. Usually, if there is a case where tourists break the law, it doesn't really matter very much. It doesn't make much of a difference what country they're from. They're tourists. They committed some infraction. But we immediately understood that in this case, it does make a difference that these tourists came from Germany because as a nation, we bear responsibility for the worst crime in human history, the Holocaust. And that is also why under German legislation, public display of symbols of the Nazi party is considered a criminal offense. So when I learned of the shameful incident yesterday, I immediately reached out to the mayor to, first of all, offer our support in fixing the damage that was done, but also to offer our voice in reassuring our communities here in Miami Beach, the LGBT community, the Jewish community, with which we're so grateful to have enjoyed amazing relations over many, many years. to reassure everyone that this is not representative of the German people or the German nation, that we as a nation do not tolerate anti-Semitism. We do not tolerate hate against anyone. We stand united against bigotry. And this also serves as a reminder that you are... The work of combating antisemitism, of combating bigotry is never done. It takes a continuous effort, most of all through education. But where education isn't enough, it also requires us to use law enforcement to enforce the letter of the law to draw the line of what is acceptable and what isn't in our community. And I would like to thank Miami Beach Police Department and everyone involved for having such a swift and clear response to this to make it clear that together as a community, this is not something that we will tolerate. Thank you very much again. And if we can be of any further support in...
you know giving that assurance to our communities we will be happy to do so thank you very much thank you council john for being such a clear voice on this that's it's very meaningful uh to our city and to everyone uh you are you were out there you were seen in the media being a clear voice and it's uh it's noticed it's appreciated and and it's impactful thank you thank you question about
Mr. Consul General, thank you for coming here today and obviously for your quick response yesterday and your responsiveness to the phone calls. What you didn't mention in your remarks just now, which I think everybody should know, is that there was a big day at the consulate yesterday where I think it was 20? 14. 14? People, Jews, were reclaiming their German... lineage and reclaiming their German nationality, which is a real testament to the work that Germany has done. Most people don't know this, but German was actually my first language. I lived in Germany from the ages of two to four, which I know is not a big deal, but you do learn to speak there and I do have very real memories from there. And, you know, my whole family is Jewish and we lived in Karlsruhe and it was not that long after the war. It was in the in the very late 60s, early 70s, and we felt pretty secure as Jews living in Germany. And I think it's really a testament to the nation of Germany, the fact that they have taken so seriously this education process of making sure that people understand history so that we do not repeat it. And I think that is definitely missing in the world. The other thing that I wanted to point out is that this was an act of hate. It was specifically directed towards the Jewish community in Miami Beach, but it was chosen to be done just the most visibly proud LGBTQ corner of our community, cornerstone, foundational corner of our community where Joe had just gotten a beautiful rainbow bench installed and Alex has a whole memorial plaque history explaining why this rainbow sidewalk was so important. There are rainbow colored bike racks. There are rainbow banners because Miami Beach is not perfect. We have a complicated history, but we really strive to be open-minded and welcoming to everybody. And, you know, it's bad enough that that graffiti was done anywhere. I was hoping it was a bunch of idiot kids who were doing something with a Sharpie, but it was old men who knew better and were doing something intentional. And it was just a slap in the face to so many residents, regardless of religious faith or anything. It's just so many people who choose to be in Miami Beach because it's open and inclusive and welcoming. So it's even bigger than, I mean, anti-Semitism is big enough. Anti-LGBTQ is big enough. But it was just such a perfect storm of nastiness and hate and bigotry and stupidity. So it's really I think it's telling that everybody has jumped on this and I want to commend Chief Jones. I reached out to him and I want to also recognize one of our residents. I don't know if he's here, but David Adams alerted me to this yesterday and no, two days ago. And as soon as I saw it, I sent it to the chief and he and his team jumped on it. And as you mentioned, Mayor got these guys arrested and sorted out right away. And so it's a testament to how quickly people respond to things that go against the grain. for the greater good, so compliments to everybody on that, and onward and upward.
Thank you. Let's open up to the Sutnick Hour.
Commissioner Fernandez. Yeah, I wasn't going to comment on this. I actually was going to comment on something different, because today is Venta de Mayo. It's Cuban Independence Day. And my thoughts today are with the millions of Cubans, both on the island and throughout the exile, throughout South Florida, who have spent generations longing not simply for political change, but for freedom. FOR FREEDOM ITSELF. AND TODAY IS ACTUALLY QUITE A UNIQUE DAY BECAUSE ALL EYES ARE GOING TO BE IN SOUTH FLORIDA, IN MIAMI LATER THIS AFTERNOON AT THE FREEDOM TOWER IN MIAMI, THE DEPARTMENT OF JUSTICE is expected to honor the four innocent men murdered in the 1996 Brothers to the Rescue shoot down. And I think many of us who were living in this community at that time remembered that horrific act of of murder that was ordered under the Cuban dictatorship and that sent a chilling message to anyone daring challenge the tyranny of the Castro regime or seek freedom itself. And actually, it came back to my mind because yesterday we went to West Miami-Dade to honor one of our firefighters who passed away. And as we were leaving that funeral home, we turned on 97th Avenue and I look at the sign and the street was dedicated to Mario de la Peña. Mario de la Peña was one of the four pilots who were shut down, murdered, executed by the Cuban regime back in 1996. And for so many of us in this community, this is deeply personal. This morning, my mind was going back to great leaders who have fought for freedom, for the freedom of the Cuban people. Leaders like Jorge Mascanosa, leaders like Lincoln Diaz-Balart, leaders like religious leaders like Monsignor Agustin Roman, people who used the powers of their talents like Celia Cruz, who we have a street named after, or people like Marta Flores, people who fought for freedom in our community and who died, who died dreaming dreaming of that day of freedom, and my heart went directly to my family, my Tio Alberto, my Tio Enrique, my Tia Mirta, my abuelos, my grandmother who passed two years ago, carrying the pain of exile until her final days. And so hopefully we might be at a turning point, but I would have been remiss. I would have been remiss as a Cuban American born in this great country whose parents dealt the challenges of exiles and whose families felt the atrocities of the Cuban government, not to honor this day, not to remember the executed political opponents of the Cuban government who were killed by firing squads, all the dissidents, the students, the priests, the journalists, those who were accused of independent thought, and all who were persecuted by the Cuban government in churches, who were persecuted for just being who they were. It is an oppressive government that must come to an end. And today I wanted to shed light upon that government because of the historic nature of what's going to happen today at the Freedom Tower. And I thank you, Mr. Mayor, for indulging me with that. It represents so many in our community, represents so many of us on this dais, and represents so many of our workers whose families have dealt with this for decades.
No, thank you. Thank you, Commissioner Fernandez, for your words and for your really strong stand in taking the lead on this very important issue for the Cuban people. It's a sad situation, but one that we continue to fight. Thank you.
My name is Ken Barnes. I'm a retired physician. I live in Miami. I would like to ask you some questions. What if one of you hired video billboard trucks using pictures and videos of constituents, calling them anti-Semitic and Jew haters, in effect bullying them? What if this was an attempt to silence, target, intimidate, and harass members of the Miami Beach community and a political organization opposed to the beliefs of said commissioner? What if this was because you wanted these same constituents to become fearful of negative consequences because they spoke publicly, criticized officials, or exercised their free speech, What if one of you made false statements that attempted to harm the reputation of these constituents? Do you believe that the public official should be held to a higher standard? Would you think that such behavior is an abuse of office and against the public good, undermining the dignity, integrity, impartiality, and public trust expected of someone holding public office? Rather than being passionate, Was this a mean-spirited violation of norms of behavior? And what if said commissioner did these acts while the mayor and other commissioners of that city remained silent? Wouldn't you be obligated to call for his or her resignation? This is why we are calling for the resignation or removal of Commissioner David Suarez, who with malice tried to intimidate and harass members of the community, as well as an organization, Jewish Voice for Peace, both being critics of Israel's genocide in Gaza and unrelenting attacks in the West Bank, which he vigorously supports. At the very least, I urge you to put forward a resolution to censor him. Thank you very much.
Thank you. I'll just say, you throw out terms. The genocide, the only genocide that was attempted was by Hamas in Iran. You try to deflect on the real issue. You had your piece, I said mine. And I said it in a lot less than two minutes.
Go ahead state your name address and do you have two minutes, please? Go ahead.
My name is Shannon Bustamante I'm from 316 Payne Drive, Miami Springs, Florida, and I'm here speaking on the shark fishing ban on Miami Beach Good morning, everyone. My name is Shannon Bustamante Though many of you know me as seaweed from the award-winning film South Beach Shark Club on Amazon Prime. I The film was released in 2022 after being filmed over seven years because we knew back then and long before that one day we would be fighting for land-based shark fishing and recreational fishing rights. The documentary shows how beautiful South Florida cities built around fishing, diving, surfing, and skateboarding have slowly become controlled by foreign money and transient wealth. While lifelong locals like myself, born and raised on South Beach since 1985, are pushed aside through quietly proposed bans like the one we're fighting today. In the documentary, you'll see me at South Point Pier pointing out how certain pier rules and restrictions were already making fishing increasingly difficult long before this proposed ban. But beyond that, the film exists because shark fishing truly saved my life and the lives of dozens of friends during a wild era in Miami known for gangs and violence. The same path eventually led to me becoming the assistant head football coach at Miami Beach Senior High School here in Miami Beach and the assistant commissioner at Northwest Boys and Girls Club. One of the biggest traditions, something we do more than 30 times a year, is bringing hundreds of kids back to South Beach to fish. Many of these kids come from broken homes. Many of these kids come from broken homes and are being raised by single grandparents or practically raising themselves Their sporting events and fishing trips are sacred to them out there on the beach They learn patience discipline camaraderie respect for nature and moments of peace away from the chaos many of them face daily in Miami Most of the old-timers who helped save my life through fishing have passed away, and now I'm one of the last people still carrying the tradition forward more than 35 years later. Thank you, sir. Oh, okay. Thank you. Thank you.
Next, please.
Can I have a presentation?
PJ.
And while he's getting that, I just want to thank everybody who found the funding for the senior soccer group. There was a little contention at the end of last year where there was a hiccup with the funding. And I just want to thank you all because the group really appreciates that.
The presentation, again, was from the – PJ, this is a presentation that I sent you yesterday.
Understood. One moment. Bringing it up now.
Go ahead, sir, if you could start without the presentation or –
I'll start speaking, but the presentation kind of is coordinated with what I'm going to be saying. So I just want to thank you all for all the work that you do. My name is David Ballard. I'm from 421 77th Street. I'm here on behalf of the residents and neighbors of Altus Del Mar area, which is the section between 75th Street and 81st Street between Collins and Dickens. I'm here to speak about a public safety situation on Harding Avenue near 73rd, 74th, and especially 75th Street. Currently, 75th Street is a primary route for emergency vehicles in our neighborhood, which now that it's being blocked on an almost daily basis in the morning, emergency vehicles, fire trucks cannot get through. These intersections were blocked occasionally, maybe once or twice a month, usually tied up to a concrete pour or a broken down bus. We as neighborhoods understood that. But now the drivers are systematically entering the intersection without space to clear them, creating a self-reinforcing cycle of gridlock. This behavior is no longer an occasional occurrence. It has become normalized daily for the traffic on Harding Avenue. Cars consistently block the intersection mid-red light, preventing lateral traffic from moving and creating dangerous blind spots and obstructions for pedestrians using the crosswalk. And that's really why I was here is because one of our neighbors, an older lady who's about this tall, had waited at the light two or three times when it was completely blocked with vehicles. Finally, she wanted to go up to Surfside and she wanted to catch her bus. And as she's crossing, she almost got clipped by another car blocking the intersection. The law is clear. Florida Statute 316.2.0. Do not block the intersection. The sign is posted at 75th Street, as you all can see. Unfortunately, the sign is a fine for $133, where most of the other intersection blocking fines in the city are $500. We're not asking for any kind of major program. We're just asking for one or two citations a month at these intersections. Visible enforcement would change behavior. I believe that's all that it takes. Blocking these intersections endangers lives daily. And as it says very clearly over the intersection, do not block the intersection. We just ask that that be enforced. Thank you. Thank you.
Thank you for putting the work together to do this. Thank you, sir. I know Chief Jones is listening carefully. Thank you.
Mr. Hobart. Good morning, everybody. Mitch Novick, 38-year resident and business owner. For as long as city manager Eric Carpenter has been With the city, since the early days of the Morales administration, Miami Beach residents have faced annual water rate increases every October, along with additional fees created, such as the monthly fire sprinkler charge. Previously, customers received notice about upcoming increases on their utility bills but those notices disappeared this past November. Today's proposed water rate hike was pulled due to lack of sponsorship and now you're being asked to approve item R5Q allowing the city manager to sponsor items. This is clearly an attempt to revisit this unpopular issue. Residents reject these increases and approving more would equate to a political suicide. As someone With two water billing accounts, I publicly oppose these increases for over 30 years. I believe my opposition led to the adoption of automatic annual rate increases. If you approve item R5Q, the Public Works Director will likely stand up here holding up a cruddy pipe warning that the sky is falling. My response is find solutions within the existing budget. The city has added 500 employees and doubled its budget since Eric began. The problem is spending, not revenue. It's time to prioritize essential services over unnecessary expenses like the $100,000 for the sparsely attended Ocean Drive Promenade music series or the quarterly glossy magazine produced and mailed by the Office of Marketing and Communication. We're a municipality, not an entertainment conglomerate. It's high time to treat it as such. Thank you.
Go ahead, please. State your name, address, and you have two minutes.
I'm just going to do the translation. Good morning, everyone.
Good morning. So my name is Angie Safadi. Thank you for having us here today to be able to talk about our concerns. So I work in the Miami Beach Convention Center, and I'm here representing 130 other workers in my department as well. So we're here today to speak with you all asking for your support for a benefit that we had for years that was recently taken away from us.
So specifically around the parking, for years we had 100% parking coverage. We didn't pay a dollar to park at the 17th Street Garage. And then this parking was taken away and now we have to pay 50% of the cost.
So the goal here is to see whether through you all or if we can do a meeting to speak with you on Sodexo to get that benefit. I currently make $20 an hour. And this is something that's affecting all of us and it's affecting our pockets. Also, there's parking that's inside the garage. Now we have to park in the 23rd Street parking lot, which is a difference, but if there's some type of solution to be able to get and maintain the free parking. So if we can meet with you all and figure this out.
Thank you so much.
I'm sorry, can you restate her name? I didn't catch it.
Angie, A-N-Y-I, last name Safadi, S-A-F-A-D-I.
Thank you. Thank you for highlighting the issue. Commissioner Fernandez.
Yes, and thank you for being here. We had been notified of this through Unite here. and we had, I think a number of us had been notified, and I believe from what I'm gathering from the reactions of my colleagues, a number of us reached out to the city manager's office. It was my understanding that this had been solved. Es nuestro entendimiento que esto se había resolvido y que ya ustedes tenían acceso Mr. Manager, can you chime in? Because my understanding was when Unite here reached out to us, we reached out to you and your department and that this issue had been solved for the workers.
Commissioner, that is my understanding as well. Many of you reached out to me and I reached out to our parking department and I was assured that the same offer that we had been providing at the 17th Street Garage was now being provided at the Collins Park Garage It was a different location, but it was supposed to be the same rate.
But we're hearing two different things. We're hearing an offer that perhaps was made to Sodexo, but then Sodexo, from what I'm hearing, Sodexo le estaba ofreciendo a ustedes el estacionamiento sin costo. Con costo. Con costo. ¿Cuánto era el costo mensualmente?
Nosotros queremos que nos den el otro 50% de parte de eso. Ahorita es 8 o 10 dólares dependiendo de la jornada de trabajo.
¿Al día? Al día. ¿Y lo que ustedes están pidiendo es? El 100%. El 100%. Pero ustedes actualmente están recibiendo el mismo descuento que estaban recibiendo previamente. No, all right, and that's the problem. They're not getting today, Eric, the same discount that they were getting before. And so we need to get with Sodexo because perhaps we might be offering Sodexo what we have always been offering Sodexo, but Sodexo is not continuing to offer the workers what they were previously getting.
Okay, I will happily dig into that with Sodexo and we will address.
Thank you, and this is why at the Public Safety Committee, we've been bringing up frequently over the past few months the issues of the parking at the Convention Center Hotel. That building does not have sufficient parking for its employees. And right now, it's the workers from Sodexo that are coming here. And next July, when that building opens and its operation, we're going to be having here the employees and union members of the Miami Beach Convention Center Hotel coming to us with the same concerns about the parking that is not being provided for them on site. And we need to get ahead of that. and we need to address that. If not, the problem is going to overflow into the residential neighborhoods and it's going to come before this day. Thank you. Thank you.
Go ahead, please. Next. State your name, address, and you have two minutes.
Good morning. Raquel Pacheco, Miami Beach resident. I stand here today in solidarity with Donna Neville and Alan Levine who are two deeply rooted Jewish members of our community and who were recently targeted for harassment and violence by having their faces and names displayed on a mobile billboard and paraded through our city. This incident is not a one-off. It's a pattern of behavior from members of this commission who attack free speech of residents who dare to disagree with them on Palestinian rights in light of Israel's genocide. Today I urge you to do the right thing and to condemn this action and all actions which violate the free speech and safety of Miami Beach residents. And I urge the individual responsible for these egregious acts to step down from office immediately. David Suarez, you have no place in public office. You bring nothing but shame and embarrassment to our city. And also one last thing, the fact that all of you have the audacity to talk about hate, and while you spew nothing but hate and target your own private constituents with hate and violence is not lost on me. You surely have some nerve. Do the right thing for once.
Mr. Minor. Commissioner Suarez. I just want to call out some hypocrisy here. I think it's really rich that the person that was crying victim for months about free speech is now trying to trample others' free speech. I wanna remind this room and those watching how insane the last speaker is. PJ, if you could pull up the screen, please. I wanna show everyone that the comparison between this person and Nick Fuentes, who's a virile anti-Semite, It says the Zionist propaganda machine is full on, putting our tax dollars to work, comparing Israel to somehow the government spending and how Israel and Jews are. Excuse me, I gave you an opportunity to speak. It's now my turn to speak. Excuse me. Excuse me. Excuse me. You had your opportunity to speak. You had your free speech. I did not interrupt you.
Now it's my turn to speak.
Can we go to the next slide, please? So we have a government that's completely beholden to Israel. And for those of you who are watching, I want everyone to know that the reason why people like the last speaker hide behind Israel is because they don't want to call a spade a spade. They want to be able to say Israel and not Jews. Because it's the same thing. Because without the state of Israel, the Jewish people are destined to be wiped out. And that's the reason why there is a state of Israel. So we have complete government that's completely beholden to Israel. Nick Fuentes, okay, but Israel controls America. It's the same line of thinking. Next. Candace Owens, same thing, a virile anti-Semite. We have a government that's been completely beholden to Israel. And if you'll notice the pattern here, it's the same people online and in the world that somehow say that Israel is controlling the government and that there's this conspiracy. It's the same ones that you saw here. Next. I wanna go to the Ayatollah who's no longer with us thankfully. There we go. The US is definitely the Zionist regime's accomplice orchestrating the crimes being committed in Gaza. That's the same sort of logic that everyone just heard here from the last speaker. I wanna let everyone sink this in for a minute. The Ayatollah of Iran who wants to wipe out Israel with nuclear weapons has the same line of thinking from some of these extremist activists. PJ, you can put the slide down now. Now, for the group here, JVP, JVP is not a peace group. It is one of the most cynical, dishonest, extremist organizations in American politics today. They hide behind Jewish identity while giving cover to the same radical movement that demonizes Israel, excuses antisemitism, and cheers on the destruction of the world's only Jewish state. And the only thing more hypocritical than JVP is queers for Palestine. a group blinded by ideology, that they march for people who would erase their freedoms and their very existence. Let me be crystal clear, this is America. You have a right to say outrageous, hateful, crazy things, which you are clearly doing today. And I have a right to call it out as exactly as it is. No censorship, no intimidation, no moral blackmail, We just had swastikas graffitied on our city in front of a Holocaust museum, in front of a pride bench. We had Jewish school teachers spit on. This is in our city. Meanwhile, these lunatics come up here and espouse more antisemitism. Miami Beach will not be bullied into silence by extremists pretending to be activists. We will stand proudly against anti-Semitism, bigotry, hypocrisy, and anyone who tries to normalize hate. Thank you.
I'll just add, there's only one country in the world right now that has to consistently defend its right to exist, and that's Israel. It's the only country that when it defends itself from attacks against its civilians, has to defend itself. And not only does Hamas and Iran publicly state that their goal is to destroy Israel, but Israel then gets accused of what they're trying to do just because it's defending themselves. And that's the point here. It has become to the point, everyone can disagree on politics and policies of a specific government. We do that in America all the time. They do that in Israel all the time. Most countries in the Middle East, you can't argue the politics. In Israel they do. It has become to the point where when you're questioning Israel's right to exist and defend themselves, yes. It is anti-Jew, it is anti-Semitism because without an Israel, without an army to defend Jews not only in Israel but everywhere in the world, Jews are vulnerable and that's exactly what our enemies want.
I'm Donna Neville, and I live in North Beach. Two quick points. I teach courses and workshops on anti-Semitism across the United States. Anti-Semitism is discrimination against Jews, stereotypes of Jews, violence against Jews, or targeting of Jews because they are Jewish. Anti-Semitism is not criticism, including harsh criticism of Israel or Zionism, period. For hundreds of thousands of us, in fact, it is our Jewish obligation to speak out against injustice, apartheid, genocide. To quote Jewish philosopher Brian Klug, and I quote, anti-Semitism has rightly been called a monster, but false accusations of anti-Semitism are monstrous too, unquote. Two, when a member of the city commission acts unethically, is a bully, lacks any integrity, and puts Miami Beach residents in danger, literally targeting them to be harmed, as was done to me. I would hope that this person's colleagues would speak out and censure such a person. That is why I am asking the City Commission to censure Commissioner David Suarez for behavior unfitting for someone in office. And with all due respect, if you remain silent, that ends up being a reflection on all of you because we know all too well silence is complicity. Thank you.
Thank you. Next, please.
Hi, I'm Gregory Regano, and I just want to say this is like real democracy in action, even for people you disagree with. So I thought this was a water hearing today, right? So I'm here to talk. Yes, I'm gonna bring it up now. I'm here to speak exclusively about the water. So I've been here before. I'm on a bit of a wild goose chase. My background is as an environmental lawyer. I used to work in New York City as a big law firm, represented like billions of dollars in various different transactions related to the sciences, specifically environmental law, including pretty high-end environmental litigation regarding forever chemicals. And this is an announcement to everybody here. So the Miami Beach drinking water is highly contaminated with PFAS forever chemicals at levels a thousand, literally a thousand times higher than what the EPA says is safe. I brought this to the attention multiple times. Really, so that's really bad, right? But the single biggest issue is in the water report that is put out by the city of Miami Beach, which likely comes from Miami-Dade, it states that the water is safe and excellent. So the water is more than a thousand times higher than what the EPA says is safe. PFAS, forever chemicals, P-F-A-S. And the city of Miami Beach water report says the water is safe and excellent with children drinking it. Speaking with my own personal urologist, this is anecdotal now, she says that she's seeing a significant uptick in the diagnosis of testicular cancer. According to the EPA, the two types of cancer that emerge from PFAS contamination that you get from drinking water is kidney cancer and testicular cancer. Testicular cancer is a rare disease. So there's potentially an increase in this. This is very bad. It should be addressed immediately. We shouldn't tell children that the water is safe and excellent.
Thank you. You mentioned you used to work for a big law firm in New York. What's your current employment?
I work at my family's law firm, Regano LLC.
Do you have any other businesses relating to water quality?
I do not.
Okay, thank you. Yeah, we have John Norris who's also going to come up and speak.
I was just going to ask John to come up. And also just for the record for people listening, I believe you've met with John and Amy Knowles, our Director of Sustainability. So this conversation is ongoing. It is an issue that is handled by the county, everybody knows and agrees that, if I may finish my sentence, everybody knows and agrees with you that PFAS are a really big problem, they are endemic throughout everything we touch and consume, and John has great expertise and I look forward to hearing what he has to say.
I have to interject, they're not endemic in everything we touch and consume, they're not. This comes specifically from the airport, from firefighting foam, from plane crashes. Specifically, the wells that serve Miami-Dade and the city of Miami Beach come from the airport. Wait, no, no, please. I have expertise on this. The wells to the west of the airport are uncontaminated.
Excuse me.
John Norris, please.
Have you been doing this, having these conversations with the Dade County folks? Yes.
There's no response.
There's no response. They are the ones who control this.
Children and cancer. Thank you. Thank you. Yes.
Steve, the county's in litigation about this with many other cities. Oh, let me see this. Just like natural litigation.
John Norris, our public works director. Good morning, John Norris. And a North Beach resident, by the way. And a North Beach resident, yes.
So PFAS is currently identified as an emerging contaminant by the EPA and DEP. This happens quite frequently in the regulation of drinking water. They come up with emerging contaminants, and they come up with future rules. In that time, they're doing studies to establish what the maximum contaminant level should be in the future. There is a rule that is being considered to be implemented in the year 2030 currently. So Miami-Dade water that we purchase currently meets or exceeds all maximum contaminant levels from the EPA and DEP. All the producers of water are currently looking at their facilities and how they treat water to address the potential new rules that are coming in the future and that should that will meet or exceed all future maximum contaminant levels.
Thank you. Thank you.
Can I respond? It'll take 30 seconds.
No, we have to move. You made your points, and he made his points. No, I'm sorry. We have to move on.
The issue is you say it's safe and excellent, right? So he's saying the water is not safe and excellent. There's also a $200 million lawsuit. You're putting out to children that the water is safe and excellent.
I'm sorry, sir, we're not going to have this debate.
It's not a debate. It's not safe and excellent. You should warn children and their parents that this is cancer causing water that's a thousand times higher than what's safe and excellent. You put in writing, no, it's a products liability thing, massively, that could wipe the entire insurance of the city of Miami Beach. It's not safe and excellent. That's a product's liability in writing. Please adjust that and warn the children.
Is your family, are you or your family law firm involved in this litigation that you just mentioned?
Yes, yes. We're cleaning municipal water supplies, multiple places in the country. I don't understand. It's not safe and excellent, the water.
Thank you. And thank you for coming. I appreciate it.
but you keep coming at me like my family has a conflict of interest in this.
I think it's important to know where we're...
It's important to know that the children are being lied to, that the water is safe and excellent for industrial grade military cancer causing chemicals and they're consuming it. Is there filtration on City of Miami Beach High School? It's a simple thing. It could be done within 30 days. Reverse osmosis, anion exchange. You could literally call a company now to have it installed immediately.
Thank you. Thank you.
Next, please.
Hi, good morning. My name is Milagros Acosa-Delgado, and I'm a resident of Miami Beach.
Can you move the microphone down? Thank you. That's better? Yes. Thank you. Hi.
So first, I would like to extend my special thanks to you, Commissioner Laura Dominguez and Elizabeth and Julian, for giving us the opportunity to be here today and supporting the mission of the National MS Society. So I'm here for a slightly different reason than all the other reasons that people here. But I'm here just to bring awareness to the MS community and just bring light to this disease that affects like 30 million people in the US. So I just wanted to share some light on this and what we do. And I think that a lot of people would appreciate this information today. And we have a table outside as well. So this year, the National MS Society proudly celebrates 80 years of research, advocacy, progress, and support for individuals and families affected by multiple sclerosis. Today, nearly 30,000 people in Florida are living with MS, and more than 2.3 million people worldwide are affected by this disease. Over the years, the Society has helped fund groundbreaking research while also providing vital local services, including support groups, wellness programs, educational resources, advocacy, community connections for individuals living with MS and their families. We also bring the community together through meaningful and inspiring events across Florida, including Walk MS in Miami and Boca Raton, our MS Bike Ride from the Breakers to Key West, and several signature fundraising events throughout the state, including upcoming events in Boca, Jacksonville, Tallahassee. Every event, every volunteer, and every supporter helps make a difference in someone's life. In recognition of MS World Day, we would also Love to invite the community to join us for a special brunch gathering on Saturday, May 30th at Bernie's Cafe. Whether you are personally affected by MS or someone who is simply wants to learn more or become involved, we welcome you to connect with us. Please stop by our table to pick up resources, learn more about our programs and upcoming events. Thank you guys so much. Thank you.
I'm sorry, but since the microphone was up, I didn't catch your name.
Oh, Milagros Delgado.
Thank you.
From the resident, Miami Beach resident, 5600. Thank you so much. Thank you, Lauren. Thank you, everyone. Please stop by the table.
Good morning, Mayor and Commissioners. Eric Marshall on behalf of the Waverly Board of Directors and Residents. I actually sent in a presentation too. It's under C7AJ. It's just a couple pictures if you have it. It's regards to the railings that were recently installed on 14th Street, 10th Street, and Lincoln Road. I reached out to the Mayor and Commissioners. I see there's a resolution to rescind it and remove them. I really appreciate that. Originally, I guess it was for the boats a couple years ago. It was approved in 2024. They were put in last week. Please, please, please, if we can remove them before 2028, that would be fantastic. The sooner the better. It's a public walkway where they're now not going to the public walkway. They're just going to the neighboring properties and sitting for sunset. That's the baywalk there where it's empty with the new fence. And if you do the next picture, that's them at sunset in front of the Waverly. You know, it's a nightly occurrence. It's on the same side as the Flamingo as well. If we could just get those railings removed, really appreciate it, taking the time. You guys are always in response, so I just want to come down and say in person, you put it right on.
Eric, I just want to let you know, I have an item. I had it on consent. Commissioner Bott pulled it, so we'll discuss it after 5 o'clock.
Okay. I didn't know what time it would be, so I wanted to come down and just speak with her. And I actually spoke with Commissioner Bott earlier today, so I'm hopeful that we can have them removed. Thanks so much. Have a great day, everybody. Thank you.
Hi.
I won't speak until the mayor sits down.
I can't. I need his attention. Mayor?
Welcome, thank you. So to bring a little bit of, hopefully some levity to this amazing occasion here, we understand that there is a up for consent vote on the farmers market coming up today. I won't be able to stick around for it because we're in the middle of producing Miami Swim Week right now. You guys are welcome to come next week. But we're just here to lend our voice. We're putting together, so the conversation started about the farmer's market at the Blue Zone meeting that Commissioner Joe Magazine and Commissioner Tonya Bott held almost a year ago now. My partner, Todd English, Chef Todd English, who may be walking in in a minute now, started talking. I go, we need to bring in a farmer's market to the city of Miami Beach. We started the conversation with Commissioner Bott, and it just took off from there. We've developed a wonderful community within our group to bring the farmer's market to Miami Beach, and including Chris Robertson, Chef Chris Robertson there. Caroline has been amazing when he's doing it. So we're just here to speak on its behalf. It is a farmer's market for the community that brings people together, addresses some of the food issues, and organic, and educational, and the experience of it. It's occurring at West Lots 85th and Collins and we're just here to say Thank you. Thank you for your support and we look forward to bringing something again that brings us together in a wonderful organic no pun intended organic way that we can enjoy and from all walks of life. That's what the farmers market's about. It's a labor of love. And I can't thank Commissioner Bot for leading the way on this charge, including Cindy Casanova at Parks. But thank you, Chris.
Thank you. Can you say your name again?
Oh, it's Rich Santelises. Who asked? Thank you. Thank you. Okay. Thank you. Thank you.
Is there anyone else in the audience who wishes to speak? If not, I'm going to go to Zoom. Our first caller is Amanda. Amanda, state your name, address, and you have two minutes. Amanda is gone. Next caller, Johan Moore.
Good morning, commissioners. I will have a few comments on practical affairs, but as a queer for Palestine who opposes Zionist genocide and attempts at eradication of the Palestinian nation, I will join in calls for the fascism supporting commissioner to resign from this commission. I would like to speak in favor of C7AI, the water rate moratorium. I think six months gives the city enough time to figure out a way to get the money it needs for water and sewer infrastructure improvements while finding some mechanism that would alleviate the burden on the most vulnerable. And I believe that has to be attached to specific AMI brackets. I also am objecting to R5T, the repeatedly appearing suspension of the color requirements for the historic district, and I want to support C for F, Commissioner Mateo Salinas, affordable housing fund, as well as express my support for pursuing the possibilities of a cable car system that could augment the water taxi and that specifically might permit for a much lower cost, in fact, extending such a service across both causeways and via City Hall and the Convention Center, which has proven problematic and even objectionable on the part of some when we're talking about extending the Metro mover. Thank you very much.
I'm just going to comment because I can't let false narratives just go. It's interesting, I don't have the exact numbers, but we hear the terms, we've heard it today about genocide. Meanwhile, the Palestinian population has increased exponentially. So we talk about genocide, but their population is growing. Israel, after it was attacked by Hamas and Iran's proxy, Israel sent text messages out, drops flyers, announces in advance when it's going to bomb and go into certain areas. I mean, Israel and its defense forces take extreme measures that very few countries would take to try to have civilians out of harm's way.
Mr. Mayor, I also want to remind everyone watching that the last caller called for the nuclear destruction of Jewish cities across the world. So again, these people are extremists and they are the symbol of hate and bigotry. And of course they have a right to say whatever they want, but we have a right to call it out every time. And some of those on this dais may disagree with that, But I am not going to sit here and let extremists drown out at least my voice and the voice of reason.
I think we learned the lessons from history that silence is not an option.
Mr. Mayor.
Commissioner Bott.
I am not going to get into foreign policy. It is not my job. I'm here to try to figure out how to fix our roads and prevent sinkholes from happening because our sewer lines fail. I will say that as elected officials, we are very much entitled to have very different views on lots of different things. We can vote our heart, our conscience. But our first job is public safety. And I would just suggest that in our role as an elected official, it's a different thing than talking among friends about how we feel about people's actions and when we, in our capacity as a public figure, put virtual targets on people's backs and call them out for their views, which I don't necessarily agree with, that is a very different thing than having a discourse. And I think that is dangerous. I think it's dangerous in the same way that hosting things that are inflammatory can be dangerous. And I think it is our job as public officials to not single out residents unless they're doing something illegal, in which case, by all means, proceed. to identify a number of people by name repeatedly and call them out for their views. If they are not doing anything illegal, I think it is a heightened level of attention that could result in tragedy. And I think we are being very cavalier about the import, the weight, that voices from a dais have. Not necessarily today's conversation, although parts of today's conversation, but in general, I think it's bad precedent to target individuals by name from a sitting official, elected official, and I think it's dangerous.
Commissioner Suarez, and then I do agree with your first part of your statement. I'd like to get back to the order of business. Just to let anybody know who's listening, none of us on the day has brought this up today. We have members of some residents, some maybe not. I don't know where everyone lives. But I believe when we hear narratives that are false and dangerous, they need to be countered. And that's what we're doing here.
And Mr. Mayor, I'm not having an issue with that at all.
That's a discourse. I didn't say otherwise. I'm commenting for people who may be listening why we're having this discussion. We didn't bring it up. None of us here today brought these issues up. We had individuals who came, as is their right, under our Suttonic hour. Anyone can come in and talk about topics on their mind and their concerns. But when we hear false narratives and what I believe is dangerous rhetoric, that could potentially harm members of our community. This is not just about a conflict happening in the Middle East and in Israel 6,000 miles away. This has a direct impact on people's lives here in America and in Miami Beach. We see it throughout the world, the violence that is happening because of this dangerous and false narrative. And we saw it happen in our city, thank God nobody was injured, but we saw it happen on the rainbow bench by Loomis Park with SWAT stickers and Adolph was here. It has an impact on the world and that's why we must counter the dangerous rhetoric. Commissioner Suarez.
Thank you, Mr. Mayor. So I just want to be clear that I have free speech, just like anyone else in this country has free speech. I like to use my free speech in calling out bigotry and hate and those individuals pushing that extremism. And I don't see anything wrong with that. I don't think that that's a bad precedent. I think that's a good precedent. I think finally, for once, when we know who anti-Semites are and people who are pushing hate, they should be called out. I don't see anything wrong with that. And Commissioner Bhat, I respect you, but respectfully, I don't need to take direction from you and to tell me what a good elected official is. I mean, we both have criticisms of each other, but I don't judge how you manage your office or what you say. I give you free reign because this is, you got elected the same time I got elected and you have every right to say whatever you want to say, but I will never criticize you for how you conduct yourself. And that's, that's on you. It's not on me. And so, you know, respectfully, I would appreciate if you keep your comments about how I conduct myself to yourself. Thank you.
It's a public safety issue.
Okay. Any more callers? Our next caller is Tim Carr. Mr. Carr, two minutes, please.
Good morning, everyone. This is Tim Carr, Shelby West Neighborhood Association. I just wanted to call out a couple of quick items, items C4A and C7R. I know it was on the consent agenda at last month. Mayor, if you could please call it today. It's very important to help move this process forward to help the residents during the West Ave Phase II construction process to assist with parking needs and also for staging construction equipment over on the Epicure site and to help move it off at some of the sites at the parking lot next to Trader Joe's. Again, moving this forward will also help the city with other construction project staging needs throughout the city as well. The second item is also C7AJ. Again, Eric Farshall from the Waverly CONDO BOARD JUST RECENTLY TALKED. AGAIN, THIS IS REALLY IMPORTANT TO REMOVE THE FENCES AT THE 10th AND 14th STREET BAY WALLS. AGAIN, WE WERE NOT EVEN AWARE OF THE DESIGN OF THOSE FENCES AND THAT THEY WERE EVEN GOING TO BE INSTALLED. I WISH WE HAD KNOWN IN ADVANCE SO THAT WE COULD HAVE USED THOSE FUNDS TO HELP INSTALL. railings along the Mirador Baywalk, which is currently still not open because it's missing baywalk fencing in that area, which is critical. So again, just keep that in mind. I know you have a busy day of agenda items, but again, if you could please call and discuss C4A and C7R and also C7AJ. Thank you.
Thank you. Our next caller is Karen. Karen, state your name, address. You have two minutes.
Can you hear me?
Yes, go ahead.
Okay, my name is Karen Rukus. I am a Miami Beach resident. I want to thank Commissioners Alex Fernandez and David Suarez regarding their support of a moratorium on the increase of water and sewer infrastructure. Currently, everyone knows that we're in a period of very inflated living costs, which is making it very difficult for longstanding residents to remain residing in Miami Beach. Miami Beach is not a cheap place to live in. But what I do take exception with is that last year, I think we had a surplus of about $11.6 million. And as Commissioner Tanya Bott said, if we needed to prevent sinkholes and improve sewer infrastructure, why wouldn't that money be spent and directed towards important infrastructure? The second item I want to talk about is independent waste removal. I think John Norris has corresponded with me. We had an unexpected 30% increase. from our independent waste removal company. And I think that's unreasonable. And I think what we need in Miami Beach is more competition. I know that John Norris had suggested that we might get to see five companies coming in to Miami Beach. That might be an answer. Otherwise, for the smaller buildings, perhaps a city removal as per paid through our property taxes might be another idea. Anyway, thank you very much for your time. And again, thank you for your support on this, Commissioners Fernandez and Suarez.
Thank you so much. Our next caller is Asso Middleman.
Go ahead, please. Miami Beach. This is Asso Middleman from Curious URL. Our community was recently shocked to see the CBS report on your commission sending out public hate messages to other Jews for supporting peace in the Middle East, staying for mobile signs with pictures of your perceived, quote, Jew haters. Our rabbis take note that this is not the Jewish way. In fact, this is the same guy that was caught stealing political signs from his opponent with his family. How can a city government support the hate this person creates while disrespecting the entire Jewish community, comparing residents who simply disagree with the Palestinian genocide to the Jew-hater Nick Fuentes and others? It's time you get commissioners who have the capacity to behave older than a 14-year-old. Thank you and Shalom.
Our next caller is Jessica. Jessica, state your name.
I'm also going to intercede. Obviously we're on Zoom so we'll take people's words who they are. You're always gonna have a select few in any group who sort of turns against its own people. But I'm gonna be consistent when I hear the term people throw out lies and false narratives. There's a one-way genocide attempt here and that's against the state of Israel. And I gave examples before, I won't repeat myself.
Jessica, please unmute yourself. State your name, address. You have two minutes.
Hello. My name is Jessica Pita, resident of Miami Beach 33139. Vibrant meeting here. I will speak quickly and get right to the point. Although, let me begin. Addressing everything else that has been said, preservation historic preservation has a lot of overlap with all of these issues in regards to the conservation of resources like water the maintenance and repair of city infrastructure and even the topic of deplorable acts of hate when anyone sees a beautiful place or beautiful people there will be negative players that want to you know, take that down or have it as their own. And I really see the threat of constant new development as that people wanting South Beach, Miami Beach historic districts as their own. Now to get quickly to my comment. I recently watched the HPB historic preservation meeting May 12th via YouTube, something architect Enrique Norton, who works for the land owner and developer said really stuck out to me. He said that replicas of historic building facades have gotten so good that you can't even tell the difference between the original and the replica. Then he added, this is not a hard building to replicate, referring to 1600 Washington Avenue building, which is proposed for demolition. Quickly wrapping up, this comment requires pause. If we are, in fact, so good at recreating historic building facades, buildings in general, then what's the point of preservation at all? I mean, Disneyland's castle looks just as good and authentic as England's Windsor Castle, right? Wrong. We all know this isn't so because we can feel the difference between authentic, original architecture and replicas.
Thank you, Jessica.
sense of place. Thank you.
Our next caller is David Roland. You have two minutes, please state your name and address.
Hi, thank you. Um, I'm David Roland. I live, uh, 8th and Euclid. Uh, I, I called the mayor's office about this recently. There's been construction over, uh, overnight, all night, very loud construction over the sewage of manuals. Uh, commissioner magazine responded to, uh, Facebook post about this. But I have not been given reason why I called the right of way. I did not get a call back. Why this sewer construction for these manholes cannot be done in the daytime. These roads are not busy. But meanwhile, children have school the next day. Parents and non-parent adults have work the next day. Why can this construction not be done during the day?
That's a simple answer. Maybe we could have our public works director because this has come up numerous times.
I appreciate you raising the issue, Dave. Good morning John Norris public works director. I'd like to look into this case specifically, but they are probably doing manhole rehab work and You know that is citywide So what we might need to do is look at exactly where they are a lot of areas within the city We do not want them doing manhole rehab during the daytime due to traffic concerns We try and balance the traffic concerns with the noise complaints and it really is a difficult thing in the city of Miami Beach so I
John if I could I know Dave specifically just because I had corresponded with them has reached out It's the manhole Cover issue that we discussed then and you replied back. I think in the middle of the evening I appreciate the time and dedication on that but it is in the Flamingo Park area and Just off the top of my head, I would agree with the gentleman that it's not a very highly trafficked area. If we would be able to have some internal discussions and consideration, does it make more sense to have that there during the daytime? Absolutely. Will do. Thank you. Thank you. Thank you.
Thanks, David, for the call. Our next caller is Travis Spencer. Mr. Spencer, you have two minutes. Please state your name and address. Can you guys hear me okay? Yes. Yes.
Okay, very good. Good morning, Mayor and Commissioners. My name is Travis Spencer, and I'm speaking on Ordinance 2026-4800, which is the shore-based shark fishing prohibition that was codified at Section 1021. The City Attorney's Office has already concluded that this ordinance must be repealed. Enforcement has already been suspended, and the legal analysis is finished. What remains is just procedural. And the law on this is settled by Article 4, Section 9 of the Florida Constitution by Amendment 2, ratified by voters in 2024, and also by the FWC's General Counsel April 20th letter on materially identical ordinances, which was essentially the Markle Island situation in Florida. And today, my respectful ask is direct. I am requesting that a commissioner make a motion today from the dais to suspend the rules and place the repeal of Ordinance 2026-4800 on the next available meeting agenda, not June 24th, not July 22nd, but preferably now. And here is my offer in exchange if the Commission or Commission moves to accelerate the repeal today I will submit in writing before the close of business a formal administration request to suspend processing of all 10 pending public record requests I currently have on file with the city pending final repeal now this is a meaningful operational relief for your clerk's office and your city attorney and I am prepared Put it in writing today now this decision will be watched because we're fighting ordinances the same ordinance or similar ordinances in Indian Shores Reddington Shores treasuries in Red Beach and Our next caller is I just want to speak to the last speaker through the mayor we
We are going to be issuing a reversal of that, but ordinance take two weeks of notice requirements. So we couldn't just put it on this agenda. But I believe one of my colleagues is going to be repealing this for the next June meeting. Thank you.
Our next caller is Wayne Roberts. Mr. Roberts, you have two minutes.
You knew my initials, W.R.W. Wayne Roberts.
It's been 15 years, Mr. Roberts. I know them well.
Good morning, ladies and gentlemen. I am a Jewish voice for peace. And I find that I wish these folks would focus on the real problem. And the problem really is that I ran through the IRGC. and their proxies, Hamas, Hezbollah, the Houthis, Assad, has annihilated over a million citizens in those countries of Lebanon and Syria and Yemen alone. They've annihilated 30,000 of their own citizens that were rebelling against theocracy. And that this year alone, that they turned off the internet so that nobody could speak to the outside world. That they have decimated the economic output in the crown jewel of the Middle East and Lebanon that was number one in the world, in the region, to down to $2,000 per capita. Syria down to $1,000 per capita. Iran, pre-war, was $4,000 per capita. Now it's approximately $2,000 per capita. And they've ruined the lives of not only Jews, but Arabs themselves. And these folks are opportunists that come into this chamber in such a nefarious way. I know some of these people. And I was vehemently against her election. because I knew what kind of person she really represented to me, and I find it offensive. And the opportunists that walk into this room, we should just, you know, take it with a grain of salt. But thank you very much, have a great day.
Thank you, sir. Our next caller has a screen name of Miami Beach. Please state your name, address, and you have two minutes.
Good morning, I'm Wanda Jamies, 8305 Crispy Boulevard. I'm also going to speak about this topic, but I want to make it very clear that we are Americans and we are protected by the freedom of speech and expression from any group, individual or elected officials. As we know, Iran is the biggest sponsor of terrorism in the world. They have told us our Iran and all the proxies alike Hamas, um, sick people. They do not only go after or harm Jews. They also do that to Christians. And I am a Christian. They go after gays and any other entity that doesn't agree with their absurd beliefs. Moreover, not to forget that they chant death to America and that means all of us. With that said, I am opposing, also opposing item C2D as I send emails to all of you and I am sorry because I'm sick. I'm also in favor of the moratorium on for the water utility hike. And we need to really look at this hikes that are affecting us residents. The water hikes, the trash, it seems like everything seems rising. Without the proposed hike approval, we still seen monthly increases. I'M GETTING $800, $900 A MONTH. I'M FORCED TO RAISE THE HOA ON MY CONTAMINIUM.
OUR NEXT CALLER IS LORI BACHEM.
Good morning, thank you so much for having us here today. Lori Bauckham, Executive Director of Power Access and the South Beach Jazz Festival. I'm here in reference to R7K to speak our opposition of this item. Power Access is a local nonprofit for cultural arts and inclusion in the arts for people of all abilities. 100% of our programming takes place in Miami Beach. 95% of our programming is free. A large portion is for youth programming, but that is not all the programming we do. ourselves and organizations like ours in the arts that provide programming contribute to the 1% resort tax that brings culture to our city and cultural tourism. We are also well supported by the community and residents. Quality of life has increased because of our programming. The way this is written, we would be excluded from cultural arts programs programming funding which we rely on we are a cultural presenter we perform all over the city and i hope that you will not pass this resolution thank you thank you our next caller has a phone number that ends in five six zero zero state your name address and you have two minutes please please good morning
unmute yourself please you're muted good morning good morning can you hear me yes good morning hello uh good morning mayor and city commissioners my name is christina vega i live in golden dream condominium located at 65 washington avenue I'm speaking today on behalf of Cyber Money Laundering and Real Estate Investigations Corp. I'm here to put this to your notice regarding material presentations of ownership and legal standing in development applications, specifically DRB 25-11-59, DRB 25-10-99, DB 22-05-48. This is a formal demand to void the development applications due to the city's lack of jurisdiction. We conducted a forensic analysis into the documents submitted to the city related to 1790 Alton Road, 1250 West Avenue, and 935 Second Street. We discovered forgery and material mispresentations regarding the ownership of the land to be redeveloped. Under City of Miami Beach Code section, any application employing a device, scheme, or device to circumvent disclosure requirements must immediately be null and void without further force or ethics. Therefore, the city lacks jurisdiction to proceed with the application. Cyber Money Laundering and Real Estate Investigation Board is also filing a petition for the Bank Secrecy Act injunction with the U.S. Secretary of Treasury and the Office of Foreign Access Control along this notice of probable cause for seizure for the Computer Fraud and Abuse Act violations report with the Department of Homeland Security and the Secret Service. We will send the demands to Void Letter along with our discovered evidence of misrepresentation and forgery to their commissioners and the city authorities. Thank you.
Unfortunately, you're out of time. Our next caller is Amanda. Amanda, please unmute yourself.
Thank you. Can you hear me?
Yes, go ahead, please.
Okay. Good morning, commissioners. I'm Amanda Fisher. I'm a resident of Miami, and I'm a member of our local Jewish community like yourselves. I'm here today because I'm deeply disturbed and appalled by Commissioner Suarez, whose position is funded by the public. He used his salary and his office to purchase roping billboards that circulated around Miami Beach. that amplified a campaign that targeted two revered community leaders and Miami Beach residents, endangering their safety by publicly displaying their faces and calling them Jew haters. Alan Levine is a civil rights attorney, and together he and Donna Neville have spent years modeling the very opposite of hate. Their leadership within the Jewish community has created a space where many of us have learned to love being Jewish more deeply and to connect to our Jewish identities, to justice, to dignity, and collective liberation. The legacy of the civil rights movement that people like Alan have dedicated their lives to is what paved the way for you very people to be here today. For there to be a Jewish mayor in a city that once was shaped by exclusion and redlining, for there to be women, for there to be immigrants, differently abled people on this commission, to hold public office with dignity and visibility. This attack does not simply offend or provoke disagreement. It places both of their lives at risk. No elected official should be able to use the power and visibility of public office to target elders in our Jewish community. I urge this commission to censure Commissioner Suarez and to call for his resignation because the people of South Florida and Miami Beach deserve leaders who protect our safety and dignity and not endanger our lives with hate. Thank you.
Thank you, Mayor. That concludes everyone. I just want to clear the record that all of my salary from commission goes to charity. In fact, for the first two years, I went to Pelican Harbor, Seabird Station, 100 percent of my charity – or 100 percent of my salary. And then, unfortunately, when Officer Cahuso passed away, my salary now goes to his widow and three children. So I want to make sure and make the record clear that none of the money that I get from the government is accepted by me, it goes to charity. And I also want to make a final note that the one thing I've learned in history and experience is when the people who, when there are people out there who hate Jews and hate everything that you stand for, and they're against you, you know you're doing the right thing. You're on the right side of things. And that doesn't just apply to anti-Semitism, that applies to anti-LGBTQ, correct? Anti-black, anti-Asian. When you are the one being criticized for defending the minority, you know you're doing the right thing. You know you're on the right track. So today, I learned one thing. I'm on the right track. And I'm very proud of myself. And I think there's more than enough on here that are proud of me for what I've been doing. So thank you for reminding me, everyone.
Thank you. Thank you. I agree. And I'm very proud of everyone on this day, us and the leadership that we've shown, whether it be anti-Semitism, racism against the LGBTQ community, we have stood united and not divided in saying that bigotry, hate, racism has no place in Miami Beach.
Thank you, Mayor. Everyone who was originally online to speak has spoken, so we may close subject at this time. Okay, thank you, everyone. Let's get to the consent agenda. Yes, Mayor. A couple of announcements. The following items have been separated from the consent agenda. You have a list that has been provided to you. Mayor Minor has separated C7AE. Again, C7AE. Commissioner Bott is separating C2D as in dog, C7X, C7AG, C7AI, C7AL. Again, C2D, C7X, C7AG, C7AI, C7AL. Vice Mayor Dominguez is separating C7AL. Commissioner Fernandez is separating C4O and C4R. COMMISSIONER MATEO SALINAS IS SEPARATING C7AH, C7AI, AND C2D. AND FOR THE RECORD, COMMISSIONER MATEO SALINAS IS SEPARATING C4, I'M SORRY, IS WITHDRAWING C4C. SO IF YOU CAN MAKE THAT NOTATION, C4C IS BEING WITHDRAWN. R5R is being opened and continued by Vice Mayor Dominguez. And just on the days you have two items. First, you have a revised resolution for item C7AQ. which is accept donations of approximately $200,000 for artificial turf. That revised resolution is on the dais. And a new item was added, C4T, which is a referral to finance an economic resiliency committee, fund critical resiliency and neighborhood infrastructures through dedicated capital millage. That was by Commissioner Suarez, and I believe Commissioner Fernandez is co-sponsoring that item as well. So the mayor has not approved any of the addendum items to be included on the agenda. So if any of those will be heard after five o'clock. If possible, if I could have a motion on the consent agenda, excluding the separated and the addendums.
I'll second on that, Mr. Mayor. We have one of the time-certain second reading ordinances, R5D, that is the companion item to C7AS, which is an addendum item. When you call the time-certain, can those be called together? Yes. Thank you. With that, I'll second the motion to approve the agenda.
Okay, give me one second. I have a motion by Commissioner Soraya, seconded by Mayor Minor on the consent agenda excluding the separated and excluding the addendums.
Well, with one amendment, that's C7AS, which is an addendum item, is going to be heard with its companion item, R5D. So we're going to separate C7AS as well? Right.
Okay, so all in favor of the consent agenda as stated, please say aye. Aye. Anyone opposed? Hearing none, the item, the consent agenda is approved.
So one item that just got approved, but I wanted to highlight, is that we have just approved Debbie Tackett becoming our new planning director. Congratulations, Debbie. I've told Tom, who's stepping down, it's big shoes to fill, but I know you will absolutely do it. I think there's complete, 100% universal confidence in you.
Literally big shoes to fill. Exactly.
I told Tom we've got to retire his number. We've got to figure out what that number is. 33, right? 33 years with the city of Miami Beach. So maybe that's the number we retire, but congratulations, Debbie.
I just want to thank all of you. Thank you. the manager, and, of course, Tom, for your confidence in me. I very much look forward to our continuing working relationship.
So thank you.
Same here.
Thank you.
Commissioner Bach.
I'll make it quick because I know we've got a lot of catching up to do from the last couple of months. You know, you and I first met when I was a nascent preservationist, and your knowledge continues to dazzle, and it is so timely now as we fight to keep what we love about our city and also not let it run amok. And so I am so thrilled, and Eric has, you know, it's a really nice problem to have because I also love Rogelio, who I've gotten to know from my days on the planning board. So to me, you guys are the dream team. I can't wait to see what you guys are doing together with the rest of the planning department staff, and I am here for it. So you go, girl. Well done.
Thank you. Let's call R9AG. R9AG.
R9-AG is discussed. Make action comprehensive citywide water taxi programs. R9-AG.
Thank you, Jose. Sponsor, thank you to my co-sponsors, Commissioner Dominguez, Commissioner Bott, but I know this has universal support in our commission and really wanted to thank you, Jose, because we've been working on this a couple of years and I've been pushing and you've responded. It's been an incredible success. We have the water taxi, which is free every day, weekdays, not yet on weekends, going from our Maurice Gipp Park to Venetian Marina. And it has received wide claim support and success. Everyone's noticing, the state, the county. I presented recently at the Downtown Development Authority, TPO, you were there with me, transportation planning organization. BUT REALLY WHY I BROUGHT THIS ITEM TODAY IS BECAUSE I KNOW YOU ARE WORKING ACTIVELY ON A COUPLE OF THINGS, ONE, TRYING TO GET FUNDING FOR WEEKEND SERVICE, TRY TO INCREASE SERVICE. RIGHT NOW WE HAVE ONCE AN HOUR, LITERALLY 12 HOURS A DAY, BUT STARTING AT 4 30 P.M. EVERY HALF HOUR, TRY TO INCREASE THAT SO WE HAVE THAT ALL DAY. ALSO INCREASE THE NUMBER OF PICK-UP AND DROP-OFF POINTS. WE HAVE SOUTH OF 5TH, WHICH IS VERY INTERESTED IN ONE, AND NORTH BEACH AS WELL. POTENTIALLY GOING TO MOUNT SINAI, OTHER AREAS, POTENTIALLY GOING TO THE CASAIA CENTER, BUT ALSO GOING NORTH AND SOUTH THROUGHOUT MIAMI BEACH. THINK OF THAT, THAT YOU CAN HOP ON AT 1ST OR 87TH AND GO THROUGHOUT OUR CITY TO MID BEACH, SOUTH BEACH, NORTH BEACH. But I wanted you to give an update what you're working on, because I know you're working so hard on this, and I think it behooves all of us to be involved, because getting funding is not always the easiest thing, but the opportunities are there, not just from other agencies, but potentially private partnerships that have expressed interest. So tell us what you're working on, what next steps you can use from us as a commission.
Thank you, Mr. Mayor. Good morning. Mayor, Commissioners, Jose Gonzalez, Transportation and Mobility Director, thank you, Mr. Mayor, for the opportunity to talk about our water taxi. We're extremely excited about it, newest addition to our transportation portfolio, and a growing success, as you pointed out. Ridership, average daily ridership, is about 1,000 passengers per day, and it Even when it started, it was at about 800, and then it's grown to about 1,000, and that's where we are now. We are working on multiple fronts on different aspects of the program, both the current service as well as trying to expand on it and looking forward. I'll start with the current service. So with the current service, as was pointed out, it operates between Maurice Cave Memorial Park and Venetian Marina in Miami. At the Marie Skip Memorial Park, there's some challenges there with the space, particularly that the Marine Patrol building will start being reconstructed very, very soon. And so there are challenges with just a lot of construction that's going to be happening there for Several you know several months probably about a year And we're trying to work or we're working with the contractor to identify the optimal space for Some amenities for the passengers including restrooms. It's very important to have restrooms that are little Fancier than just porta-potties, which is what's out there today? so We have a vendor that's prepared to deploy a restroom. It's an upgraded restroom facility. It also has for ADA accessibility. And we've identified a location for it. It's in the parking lot, unfortunately.
Let's talk more about how we increase the services, like weekend services. I mentioned North Beach pickup to Miami, one in South Beach, and also the interconnectedness, North and South. How do we get there?
Sure. Well, as you know, Mr. Mayor, the biggest challenge right now, the biggest constraint is the funding. If we had more funding, we'd be able to deploy a second vessel the entire hours of operation. But unfortunately, because we've got that budgetary constraint, we have one vessel in service for the majority of the day up until 4.30. At 4.30 p.m., we kick in. second vessel to accommodate that p.m. you know peak hour rush and that operates at about 730 p.m. so what we're doing to try to to at a minimum maintain the funding that we have which is 50% from FTO T and 50% city funds is is that we've reapplied under the FDOT public transit service development program. And that's a program that funds 50% of the annual operations and maintenance of a transit program up to three years. So we're actually coming up on our third year. It'll be fiscal, next fiscal year, fiscal year 28 will be year three of the service and we've already applied for fiscal year 28 funds. We applied for half of the cost of the service. The total cost of the service, by the way, is about $1.5 million, and that's really our biggest constraint at this point. There is a lot of interest on behalf of Miami-Dade County. The TPO expressed some interest in this. However, they're of the opinion that the city would need to charge a fare to at least subsidize part of that operating cost of the service.
So, yeah, I mean, I, I presented there and obviously commissioner Suarez is the representative there. I think there was some dispute. There was, Couple of County Commissioners that mentioned that, then Commissioner Lopez, God bless her heart, was taking the position that we have been espousing that we should do everything possible to keep it free. Anything we can do as a body, do you think there's additional efforts that we collectively can make? For example, resolutions to a particular body to enhance funding?
Mr. Mayor, there have been several CITY COMMISSION RESOLUTIONS ALREADY ADOPTED BY THIS BODY. THEY'VE BEEN TRANSMITTED TO FDOT, THEY'VE BEEN TRANSMITTED TO MIAMI-DADE COUNTY, TO THE TPO AS WELL, TO THE CITIZENS INDEPENDENT TRANSPORTATION TRUST, THE CITT. SO THERE HAVE BEEN MORE THAN TWO, TWO TO THREE RESOLUTIONS ALREADY ADOPTED BY THIS BODY THAT HAVE BEEN TRANSMITTED TO THE AGENCIES TO ESSENTIALLY WE'RE JUST ASKING FOR SUPPORT. primarily financial support from these entities.
And I'll turn it over to my colleagues. But what's amazing about this, one, it's been incredibly successful. I think the numbers are that 8% of passengers are being turned away, which shows you the success. I went down with my family recently, and we actually could not get on, which shows you the interest in it. It's for one... You should know the captain actually, because I take it enough, the captain or someone came over to me and said, you're not going to get on. Do you want to? He didn't know what to do, which was nice of him. I said, no, no, no. I'm standing here in line. The last thing I want to do is cut the line. So we ended up not getting on. We were actually the cutoff. There's 55 passengers and we couldn't get on. But what's amazing about this program is we talk about the congestion and the traffic. THIS IS AN INCREDIBLE, EFFICIENT WAY TO GET ACROSS IN 18 MINUTES TO GET ACROSS BISCAYNE BAY. AND WE'RE DOING ALL THIS. IT REALLY SHOCKS PEOPLE WHEN YOU TELL THEM WE'RE DOING THIS FOR CLOSE TO A YEAR EVERY SINGLE DAY DURING WEEKDAYS FOR $1.2 MILLION. IT'S AN INCREDIBLY EFFICIENT MONETARILY OPTION. AND OF COURSE IT'S FUN, IT'S SCENIC, AND PEOPLE REALLY ENJOY IT. LET ME TURN IT OVER TO MY COLLEAGUES. FIRST WE'LL START WITH COMMISSIONER MONICA MATEL-SELENAS AND COMMISSIONER SUAREZ AND COMMISSIONER BOTT.
Thank you, Mr. Mayor. So this is a great item, and the water tax is excellent, and I'd like to co-sponsor this item. In terms of funding, again, I'm sure we can find some type of business that wants to sponsor the water taxi, either putting advertisements inside the water taxi or even... you know, if it was like a restaurant or something, they could pass out little food. I want to encourage us to look at advertising. I don't know how my colleagues feel about this. I don't know if wrapping the outside of the taxi would be, you know, there's just so many ideas to partner with private businesses, you know, that might want this water taxi that, how many people ride it again?
About a thousand a day.
A week? So a thousand people a day I mean that's some serious eyes on these brands that might want to come in and it could be local brands It could be a business opening. That's you know, maybe one expanding going from Miami Beach to Miami or Miami to Miami Beach There's just so many opportunities here for for for private sponsorships and so I want to and just a question for the city manager who would be in charge of Because I know it's probably not Jose.
So it's a combination of our transportation department and our marketing communications department. Transportation, believe it or not, actually has the most history in working with advertisers through our bus shelter contracts and our static signs. But obviously we're constantly trying to work collaboratively to figure out ways to increase the revenue stream on that side.
Lovely thank you.
I also want to give a shout out to Mikhail Rybov, who's done a lot of work on this as well. Melissa, did you want to comment? Because we are actually actively looking for a private partnership. So how would, Pierre, we don't want to make it too much where we're changing the look of the water taxi, but Melissa.
Sure. Good morning. Melissa Bertier, Director of Marketing and Communications.
We actually did have a conversation with Outfront to explore it, and they weren't as interested because the volume wasn't there. So I'm just sharing.
Well, that's the issue. It's not there yet. Sorry for interjecting, but it's not there yet. And we need to find partners who understand the value of getting in early because it's going to expand. So out front, maybe they don't get access to this.
Well said.
Commissioner Suarez. Thank you, Mr. Mayor. And Mr. Mayor, you were at the TPO meeting where some of the concerns were raised by other county commissioners. And I think there is certainly a propensity for funding from the county for this program. But one of the concerns that was raised was at least we're gonna if they if the county is gonna ask for money from the state for funding there has to at least be the appearance that we're trying to make itself sustainable as far as funding as far as maybe perhaps a fee and It doesn't have to be a very expensive fee, but I just wanted to see, and look, I understand the concept that if it's free, people are gonna use it, but if we have the possibility of going to the county and expanding this, if we were to charge perhaps a small fee, maybe a dollar. And that would open up two, three different routes. I don't know how my colleagues would feel about that. Mr. Mayor?
Members? Did you want to add, Commissioner?
Yeah. So I think that's an interesting... a way to approach it. We could also do sort of charge for tourists versus charge for commuters. Maybe there's a monthly pass for $15 for, you know, I think there are ways to look at it. I would, I think a lot of us are working on funding private funding. I know I am working with one of our largest employers trying to do that. I also know that Blue Zones, which we are very close to pushing play on officially, which I'm very excited about, but that's for another time. This is exactly the sort of thing that Blue Zones will help us get funding for because it addresses one of the major quality of life issues and they can help us expand our pool of potential grants, private philanthropy, underwriting. So there's a lot of different ways to do it. I would be interested in seeing if we could find private funding first to try to keep it free or maybe explore it concurrently and then decide once we have more information. So that's to your question. The other things I was going to ask, Jose, one of the opportunities that we're really excited about is having go north and south. I know we've had conversations about where the landing spots would be from 71st Street down to the Miami Beach Marina. I think what happens a lot of times is that when we have an idea, we wait until everything is set before we start doing the work to make the idea happen because we're all running around doing lots of other things at the same time. What I want to make sure is that when we do get the funding to expand, because we will, it's not a question of if, it's a question of when and how quickly, that we are ready to go with, we have the sites identified, we know where they're going to go, we know what it's going to take, we've got the permit applications ready to go so that we can just hit, you know, press play and go ASAP. because it will really stink if we've got funding identified and then it takes three years to start the permitting process or figure out where it's going to go. So I know you guys are understaffed. Misha, I'm sorry. This is probably going to fall on your shoulders. So I just want to put that out there so that we don't lose sight of that and get caught short-sighted if all of a sudden we get a windfall. The other question. My understanding is that currently bikes are not allowed on the ferry. Is that correct or is that incorrect? They are allowed. They are allowed. Okay. And e-devices? Scooters as well. Everything is. So it's not an issue. Is there a limit on how many can fit on?
I believe there is a limit of four devices.
Okay.
FOUR DEVICES PER TRIP. AND THAT'S JUST BECAUSE OF THE CAPACITY CONSTRAINED.
SO I WONDER IF DOWN THE ROAD ONCE WE GET THIS UP AND RUNNING AND IT BECOMES MORE OF A COMMUTER THING AND I KNOW COMMISSIONER LOPEZ IS WORKING ON trying to find parking on the Miami side so it can become more of a commuter thing, but that last mile connectivity so that maybe we think about at rush hour times, do we allow maybe fewer people or run two boats at the same time so we can get more e-devices or bikes going back and forth so that people can use it as a true commuter vessel, no pun intended. To to address that need because again the more people we get off the roads the better off will be so just food for thought as you Keep moving with this really excellent initiative Thank You Commissioner magazine Thank You mr. Mayor for your leadership on this and Ralph please add me as a co-sponsor for this in terms of
Charging and I don't know the dynamics that were discussed at TPO. So perhaps it's to get federal or state funding. We need to show Progress towards being self-sustaining. So this comment is kind of absent having that background knowledge, but I There was a fascinating interview just this morning on CNBC by Jeff Bezos, and he advocated for reducing the taxes for people making $75,000 per year or less. But he said, let's not reduce them to 3% or 5% or 10%. It should be free. And he goes, there's a reason Amazon charges free shipping, that we don't charge a dollar. So if we're discussing price dynamics, perhaps... we kind of do something that's going to make itself sustainable, which will probably decrease ridership but raise a little bit more money, or free, right? So maybe three or four, no, four or five dollars per ride, or free. I think if we go with something ceremonial, like two bucks, we're probably not going to generate much revenue, but we'll lose a lot of ridership just because there's some people where if they have to pay, whether it be, Ten cents a quarter or a dollar they're not going to ride it You're gonna get your core rider. So I think we just decide Do we make? The decision to get on the path towards it being self-sustaining and if that is then we actually have a tangible amount there or zero It's just kind of my initial thoughts. I'm not dogmatic about it, but that interview this morning just seemed pretty relevant
Yeah, my thinking on this is that we had in the past, our city has tried paid for services by private operators, which I voted against because they fail. They charge too much money and their people are not going to use them. So maybe in some time in the future, there's a place to charge a minimum amount. But this is still in its infancy. As you say, the ridership keeps increasing. There's an excitement level to it. We want people off the roads. It's incredible because we talk about, I mean, my... When you look at the state of Florida, and FDOT does studies, we're code red in South Florida. It's not just Miami Beach and South Florida. We're code red. This is for literally... They were talking about doing a Bay Link, and that's not this discussion, which would cost over a billion dollars. This is $1 million. We are providing a service literally almost every day, I mean every weekday, and for $10, $15, $20 million, we could have a whole network going. It's... literally peanuts compared to a bigger picture and other options. I mean, they're talking about building highways over the MacArthur or the Tuttle. We're talking billions and billions of dollars and years. This is a water taxi that we could get literally up and running in a matter of weeks, if not literally in a matter of weeks. And we're talking in the low millions of dollars, 10, 20, 30 million dollars to run a whole network. So I don't get why it is even so difficult to get that funding. I've had conversations and I'm actually working with some some senators in Congress to try to get federal funding. One of the obstacles we had getting federal funding is they want to see a level of success before they will provide grants. And they're more the infrastructure, which is necessary, but we now have that success, which we never had before with any of the operators. So there's a lot of movement, but I wanted to bring it up because I know we have buy-in from our entire commission. I know we're completely supportive and we need to just keep pushing this forward together.
Has there been outreach to find? Because it's a water, aren't they the people who helped us with the marine, with the mooring field? It's water transportation. It's ecologically sound. It might, maybe this falls within their purview of funding.
So I just want to chime in for find it that's they were morally responsible for one-time projects I don't think they I don't think they fund ongoing No, but they could find the building of the docks for instance
Yeah, and that's correct commissioner. We have had discussions with one of the representatives from find and one of the things we learned which the mayor Touched on is that in order to apply for federal funds. We need to show success We also need to show that we've done our due diligence and our research in terms of where the doc will be located What will it cost and so that's going to require and it's something we're working on now is taking and The initial the initial feasibility study that we did that was done by a water taxi national water taxi expert KPFF we're taking that analysis and you know drilling down and as a matter of fact this item the mayor's item lists several locations and All of these locations are on either the KPFF feasibility study or the TPO's feasibility study, but those are high-level feasibility studies. We need to now take those and drill down on these locations to see exactly what it will take and what it will cost to build a dock at that location, and then we'll be better positioned to be able to apply for the capital of funds that are provided by FIND and by the Federal Transit Administration.
And is the drilling down in those locations that have already been identified, is that covered within your department? Or is that something that we also need to find funding for?
We are in the scoping process, so I don't have a cost for you yet, but we may need influx of funding in order to get to that next phase, that more detailed phase that looks at all of these locations. and determines feasibility, determines where the dock would be located.
Will you have that information so that we can figure it out as part of our budget process for 27?
I can certainly have a cost, yes.
Yeah, okay. Let's make sure that that is something that we capture. Please. Thank you. Thank you.
Ms. Muir? Commissioner Fernandez. Thank you, Mr. Mayor. I'll just be quick. There's one thing that I do know, just having observed government for a long time. Free transportation is successful transportation. When you look at the Metrorail, the Metrorail has had great success because it is fare free. When you look at the trolley services, the trolley services are successful throughout all the municipalities because in the large part, they are free, especially when you look at our municipal trolley. And I think that that's part of the success of this iteration, Mr. Mayor, of the water taxi that you've led on. and that you have successfully implemented. And I do think that putting a user fee on it will hurt ridership and ultimately the success of the program. I'd like to propose, Mr. Mayor, that we consider hiring a lobbyist that specializes on county government for this specific issue, because I do think we need someone that is dedicated on advancing this. This is transformative. a transformative mode of transportation that's going to cost a fraction of any other mode that has ever been proposed. And so I just want to put that out there as a suggestion.
I'm going to turn it over to Eric. I like that. Thank you. I mean, I'm wondering if the and the city administration come back with a proposal.
Yeah, we can certainly take a look at that and see what makes sense, and obviously we would want to make sure that they were bringing in more than they were costing.
Right. That's always the... I figured with your county connections, Commissioner. I know.
Commissioner Magazine. I like the idea, Commissioner Fernandez, about having a lobbyist, but... Not but. The but isn't towards you. Of all the lobbyists that do business in front of us in the city, are you telling, not you, I'm just, are there none of them? Yeah, for the good of the community, for the good of the city, the city that they live in, the city that they make a living in.
I'm looking around for our hands here. No, I think I agree with that. And I think there's ways to do it. I love the fact that you're mentioning it, Commissioner Fernandez, because you're highlighting it for people. But I guess it behooves us to take a look at what's potential. I think the concern is how much we'd be spending on it.
Yeah, we'll take a look at different options and maybe bring back a couple of different ones.
Great, thank you, Jose.
Thank you, Mr. Mayor.
Yes, sounds like a good idea. Let's call R5F.
R5F is an ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Chapter 46 of the City Code entitled Environment by amending Article 4 entitled Noise by amending Section 46-152 entitled Noises, Unnecessary and Excessive, Prohibited. By amending Subsection B to reduce distance to establish prima facie evidence of the specified noise violation during specified hours, providing for repealers of ability qualification and an effective date.
I move the item.
This is a second reading. Public hearing is item R5F. I see no one on Zoom and no one in the audience requesting to speak. We're adding Commissioner Magazine as a sponsor. I believe I heard a motion by Commissioner Bott.
And second by Commissioner Mateo Salinas.
Okay, so I vote. If there's no discussion, I'll call the roll. So motion by Commissioner Bott, seconded by Monica Mateo Salinas, co-sponsored by Commissioner Magazine. Commissioner Mateo Salinas. Yes.
Yes.
Commissioner Bott. Yes. Commissioner Magazine. Yes. Vice Mayor Dominguez.
Yes.
Commissioner Suarez. Yes. Commissioner Fernandez. Yes. Herder, yes. Mayor Miner. Yes. Motion is approved 7-0. That was item R5F. Let's call R5A. R5A is an ordinance of the Mayor and City Commission of the City of Miami Beach, Florida amending Chapter 78 of the Miami Beach City Code entitled Personnel by amending Article 5 entitled Classified Employees Leave by amending Section 78-282 entitled Definitions Clarifying the Definition of Immediate Family by Eliminating Duplicative Language by amending Section 78-285 to allow service members to cash out on hours accrued in excess of the carry forward cap otherwise forfeited as a result of the active military duty by amending section 78-286 to increase the cap of the maximum amount of annual leave hours that may be accrued from 500 hours to 600 hours retroactive to December 31st, 2025. By amending Section 78-290, subjecting paid holidays to collective bargaining provisions governing holiday pay, if applicable, by amending Section 78-292, to authorize transfer of part or all of accrued leave to an employee's 457B account upon retirement, resignation, termination, or death. and authorize the use of accrued leave to be used to extinguish a debt owed by the city, such as reimbursement over repayments through payroll or unpaid insurance premiums, repealing ordinances in conflict with this ordinance, and further providing for severability, codification, and effective date. This is a second reading public hearing. It is item R5A. Thank you.
Commissioner Mattias Salinas.
So, um, hi Marla. Uh, this is a, uh, item that we're doing that will benefit our employees. So this is something that will help them feel a little bit better and appreciated here working for the city of Miami beach and Marla, if you'd like to explain the details, that'd be great.
Through the Chair, Marla L. Pizar, Human Resources Director. Yes, Commissioner, thank you. This is an ordinance. This and its companion item for unclassified leave as well will allow us to align with our collective bargaining agreements and raise the amount of leave accrual to remain constant between years from 500 maximum to 600 maximum. That is the proposal before you So when you accrue vacation You can get to a maximum of right now under the ordinance of 500 hours This ordinance will change the maximum every before that can be carried from year to year to 600 hours. I
So essentially if you're working really, really hard and you never take days off and you love your job and you love this city and you bust your butt and you don't take your time, you can now roll over to more time to the next year. That is correct.
How does that ultimately impact pensions and I always hear these infamous stories of the Long Island Railroad, right? These guys will just stack vacation days, and then when they go to retire, they'll say, well, I have all these vacation days, I'm working this extra overtime, and that's essentially in their last years what they base their retirement off of. Whether it be that or other financial implications, what are the financial implications of this?
There are no financial implications to speak of because the cap for when you're paid out when you leave the city is remains the same at 620 for vacation. So there's no change to the final payout cap. This is the amount of leave that you can roll over from year to year. So not to name names but you know there are individuals that can't use all their vacation and they lose it every year unfortunately.
Does this pay them out, their vacation?
Can you repeat the question, please?
Do they get paid out their vacation or they just get to take more the next year?
Neither. When you leave the city, you're paid out up to a cap of $620. That remains constant. But when you're working here and you have a lot of vacation because you don't use all your vacation, from year to year, you can only carry over $500.
500 what?
Hours.
Translate that for me.
So if I've been here for a long time and I have 520 hours and I can't take time off.
Oh, I'm sorry. I thought you said per year. Okay.
Right. And that year we would have to swipe 20 hours from you so that you could only carry from year to year 500 hours. But when you leave the city, you can be paid up to 620 hours. So this brings the cap to 600. that from year to year the cap can stay constant at 600 when you leave the city you may be paid up to 620. so there could be significant adjacent there could be significant financial implications of this so there the city books the the and i don't want to speak for the finance department but we we maintain our um Liabilities based on the cap when you're paid out, which is 620.
Use just me as an example, or Joe employee. If I can, Jason Green, Chief Financial Officer, to just answer directly the question about pensionable. It says no.
Forget pension.
Okay, I just want to clear that. Well, not forget it. Include that, but don't make it exhaustive of just pension. Sure. So this would have no financial impact because two things. Your payout is not pensionable. So your pension is based on what your annual salary is. So if you have an annual salary of $80,000, your pension would be based on $80,000, regardless if you got paid out on unused vacation of 20 hours or 500 hours. And you only get paid out, the payout amount of the cap of 620 doesn't change in here. It's just how much rolls over from one year to the next. So that has no financial impact to the city at all.
But individually, while that cap remains the same, we're rolling over more and more let's say a hundred people now well the cap doesn't go up but let's say we roll over an extra how many hours per year per individual the cap was is proposed to be raised from 500 per year to 600 per year so you have to use that hundred hours during that year you wouldn't get paid out so again the financial impact I'm writing a check the amount I'll be writing a check will never change so there would be no financial impact to the city
IT WOULD JUST ALLOW THE EMPLOYEE TO TAKE A LITTLE BIT MORE VACATION THE NEXT YEAR. I THINK AS COMMISSIONER SELINAS SAID, OFTENTIMES LONGER TERM EMPLOYEES ACCUR A CERTAIN AMOUNT. BECAUSE OF OUR JOBS, LIKE MYSELF, WHEN MY FAMILY IS OUT DURING THE SUMMER, THE TEACHERS, I CAN ONLY TAKE ABOUT A WEEK AFTER THE JULY COMMISSION MEETING. SO I DON'T HAVE AN OPPORTUNITY TO TAKE ALL MY VACATION.
I guess I'm getting confused by these number of hours per year. We're raising the cap that you can roll over per year? It's not cumulative.
So it's not 500, then another 500, then another 500, then another 500. It's just a max of 500. But why are we saying per year? Because at the end of each calendar year, the amount that we rolled over would be 600.
How much can you roll over every single year? Oh, okay. How much could you accrue in any given year?
Oh, wow. I'm not good at this.
I believe that, Commissioner, if I could, when you start working for the city, you get up to two weeks vacation, so that could be the equivalent of 80 hours. After you get to 10 years, it goes up to three weeks that you could acquire. So you're looking at about 120 hours that you could gain at that point in time.
So that's what's throwing me off, because if we have a maximum of 120, why 500?
So every year when December comes, up to 500, you can roll it to the next year and you don't lose it. If you have 520 hours, as Marla was saying, THEN WHEN WE ROLL OVER, $20 DROPS OFF AND YOU ONLY TAKE 500 FORWARD. ALL THIS DOES IS ALLOW YOU NOW TO CARRY OVER THE MAXIMUM OF 600 HOURS. IT STILL DOESN'T HAVE ANY IMPACT ON THAT FINAL MAXIMUM PAYOUT THAT YOU COULD GET OF 620. IT DOESN'T FORCE YOU TO TAKE THAT VACATION AT THE END OF THE YEAR JUST TO BE ABLE TO BURN THOSE HOURS, WHICH IS ONE OF THE ISSUES THAT WE HAVE, IS THAT YOU GET TO THE END OF THE YEAR, YOU THOUGHT YOU WERE GOING TO BE ABLE TO TAKE A VACATION, YOU COULDN'T FOR WHATEVER WORK REASONS, AND NOW YOU HAVE THIS TIME, SO IT'S NOT FORCING PEOPLE TO TAKE THAT TIME OFF IN DECEMBER WHERE EVERYBODY STARTS TAKING OFF. So it just allows you to carry it over and then you can use it in January or February or any time during that next year. But once you get to that 600, now you, that's the max. So it's not, there's no cost impact. It's just what you can carry over and use it in the beginning of the next year.
I'm having a hard time Making logic of that, but I'll take your word for it. Thank you, sir. I hope it's not the fox guarding the hen house, you know, telling them. But no, I say that in jest. Okay. There's no financial impact. I'll take your word. I'll try and make logic out of that later.
If no, do I have a motion? Second me in.
I mean.
Motion by Commissioner Suarez seconded by Commissioner Fernandez. It is a public hearing I see no one on zoom and no one in the audience. I'm gonna call the roll vice mayor Dominguez Commissioner Mattel Salinas. Yes, mr. Fernandez. Yes, mr. Bott Mr. Magazine. Yes, Commissioner Suarez. They're mine. Yes motion carries item r5a is approved.
May I do companion item r5b?
Yes, I R5V is an ordinance of the Mayor and City Commission of the City of Miami Beach, Florida amending Chapter 78 of the Miami Beach City Code entitled Personnel by amending Article 4 entitled Unclassified Employee Leave by amending Section 78-181. Entitled definitions clarifying the definition of immediate family by eliminating duplicative language by amending Section 78.182 to allow service members to cash out on hours accrued in excess of the carry-forward cap otherwise forfeited as a result of the active military duty by amending Section 78-183 to increase the cap of the maximum amount of annual leave hours that may be accrued from 500 hours to 600 hours retroactive to December 31st, 2025 by amending Section 78-189 to authorize transfer Part or all of a crude leave to employees 457 B account upon retirement resignation termination or death and authorized the use of a crude leave to be used to extinguish a debt owed by the city said owed to the city such as Reimbursement of overpayments through payroll or unpaid insurance premiums repealing or ordinances in conflict with this ordinance and providing for severability Calification and effective date. This is a second reading public hearing. It is item r5 B. I'd like to move the item.
Motion by Commissioner Monica Mattel Salinas, seconded by Commissioner Suarez. It is a public hearing. I see no one on Zoom and I see no one in the audience. Vice Mayor Dominguez.
Yes.
Commissioner Mattel Salinas. Yes. Commissioner Fernandez.
Yes.
Commissioner Magazine.
Yes.
Commissioner Bott. Yes. Commissioner Suarez. Yes. Mayor Miner. Yes. Motion carries. The item is approved. That was item R5G. Our 7a our 7a ease approved second amendment to Lincoln Road bid mo you are 7a II I
Thank you, John. First, I want to thank the Lincoln Road bid. Annabel Lopez is here and all the work they do. You see when you come down Lincoln Road, there's a lot of activations. Just opened a FIFA store the other day, which was a nice addition. And I got to tell you, hopefully we're all seeing it. When I walk down Lincoln Road, it's pretty busy. It's robust. It's alive. Take it away, John.
All right. We're here today to extend the city's funding for the maintenance hospitality, the work that they do block by block on Lincoln Road.
I'll second. Well, I heard a motion by Commissioner Fernandez, seconded by Mayor Miner on item R7AE. All in favor?
Aye.
Any discussion? Can we... Can we just specify what this is? I mean, if I'm public, I'm just sitting here watching this. Oh, what's the second amendment to the Lincoln Road bid MOU? I know you have some staff out there. You want to explain what they do? Yes, absolutely.
Annabelle Yopi is Executive Director for the Lincoln Road bid.
So, Annabelle, I think everybody knows what the bid does, but what is the amendment?
So the bid and the city has had an MOU since I think 2017 to go in partnership with really cleanliness and an ambassador program on Lincoln Road. And right now we have a company called Block by Block. They do a lot of the urban districts around town and across the nation. So they're really our eyes and ears of if there's an unhoused situation, if somebody broke into a store. We had a situation not too long ago They are constantly walking around Lincoln Road, doing light cleaning, working with the tenants, working with the visitors who come to Lincoln Road and they want to know where to go. But they are really a liaison with the city as well and support the public sanitation program on Lincoln Road.
Why do we not do that? Well, it's a partnership.
Hold on.
I sent an email. I walk Lincoln Road every single day, every single day, constantly just looking. What is good? What is bad? What needs to be fixed? And I said, we're in like peak season here. We paid hundreds of thousands of dollars for new pressure washers. And I'm like, where are we getting bang for our buck? So who cleans Lincoln Road?
Various departments.
Maybe if we could have John come up here as well.
Various departments are out there. You have facilities out there. You have doing painting and whatnot. You have sanitation out there. You have green space out there. We're taking care of the fountains and then we have this this additional service almost like ambassadors and additional cleaning that that's out there as well I'll do you might see them with their pails and their t-shirts and whatnot, but do the individual shop owners have or stores have any requirement for the public rights of way in front of their buildings, or is that all the city and these partnerships I
No, the private sector doesn't have any responsibility in cleaning anything beyond their lease line. That is all public right away.
And how about for these deep cleanings? Tell me, maybe, John, the heavy-duty pressure washers.
The heavy-duty pressure washing, the city does handle that, and we also have sanitation crews, hand crews working the area all day long. They're emptying trash and assisting and picking up, but then the bid also has...
litter pick up as well and we do have an effort right now regarding the world cup where we do have all teams got together they did a walk through all city teams and we are working through the road right now doing exactly we're talking about the painting the deep pressure cleaning and preparation i i request that we all do a walk through tomorrow morning i do one every single day i'm not happy about having to have the world cup as a catalyst for the gum the dirt
to look world class, right? It shouldn't just be because of the World Cup. And I want to make sure that I'm not off in my analysis. So I'd request that at some point, maybe tomorrow morning, Friday morning, that we all kind of take a walk before the crowd set in. If you could, Friday morning, I'd be available.
Just for the record, Friday morning is the Jewish religious holiday of Shavuot. So I won't be able to do it Friday morning. But if you do it tomorrow morning, I'll be there.
And does this increase funding, the amendment?
So, yes, it incorporates the CPI. The CPI? From what was agreed to last year. And this is a partnership. They are funding a portion of the block by block services. The city's funding a portion. And this is one of the fundamental reasons for creation of a bid is to give them the ability to tax themselves additional.
Mr. Oh, of course, I get all of that part. I just wanted to know what was being amended from the original agreement. So, just CPI and credit. Perfect. I appreciate you and the bid. The recent activations have been great. You had thousands of people there for the pink.
Ms. Pink palm puff.
Mr. My daughter knows better than I do. Mr. Yes, my teenage daughter told me. And we, I actually took her down there. It was incredible.
It was. We had close to 9,000 people come for that activation.
The swatch was interesting.
It was, yes. Globally, swatch was an interesting drop.
So thank you for the work you do. No problem. Mr. Mattias Salinas.
I'd actually like to co-sponsor this item because I I'm actually I see the block-by-block folks that walk around and they have the shirts on and They always smile at me and they are very friendly and helpful and so it's a great program and I appreciate the fact that you're also a INVESTING IN THIS PROGRAM. SO THANK YOU VERY MUCH.
THE BID INVEST OVER $221,000 A YEAR IN THIS PROGRAM IN ADDITION THAT WE COVER THE COST OF THE RENT FOR THE OFFICE THAT THEY HAVE TO BE HOUSED OUT OF. SO THERE IS A LOT OF SUPPORT AND CONTRIBUTION ON THE PRIVATE SIDE AND THAT'S WHY IT MAKES A GREAT PARTNERSHIP WITH THE CITY. IT'S MUCH NEEDED BECAUSE WE CAN REACT TO THINGS A LOT QUICKER. THEY TELL ME THEY CALL US AND WE'RE ABLE TO CALL THE CITY IF IT'S SOMETHING BIGGER THAN WE CAN HANDLE. Those are our immediate eyes and ears, you know, that we can react quickly to things.
And Commissioner Magazine, I'm available Thursday and Friday morning for the walkthrough. Happy to do that with you. Depends on how early, though, but I'll do it.
6 a.m.?
Fine.
Commissioner Bott.
I think, if I'm not mistaken, they were actually memorialized in Lincoln Road Hustle, right? Weren't two of the characters talking about their jobs and what was going on? It was, yes. They are now part of Miami Beach Law. In addition to being very helpful in providing a useful service, that's a pretty cool thing, too.
Through the chair, if I may, the amendment is extending the agreement for an additional year. So that is the reason for the amendment.
Great.
Yeah.
Well, thank you, Annabel. Thank you for working with me on this.
Thank you very much for supporting mayor and commissioners. Absolutely.
Thank you for your work, Lyle Stern, who we love working with. I'm also going to give a shout out, because I've actually heard recently a number of residents commend us as a body, our police, ALBA, because it's a constant effort. But there used to be a pretty large issue, especially early mornings with homeless population on Lincoln Road. Number of people commented they walk out there every day early and they do not see those same issues We have definitely seen a positive change on that. So thanks. Thank you to all involved in that Great.
Thank you
So let's take the vote. Motion by Commissioner Fernandez, seconded by Mayor Miner. All in favor of R7AE, please say yes. Yes. Aye. Any opposed? Hearing none, the item is approved 7-0. That was R7AE.
And Rafael, I emailed earlier that I want to be a co-sponsor on this as well.
So this is, we're adding you and we're adding Commissioner Mateo Salinas. Excellent. Thank you. We actually have one more HR item, R5C. R5C is an ordinance of the Mayor, City Commissioner, City of Miami Beach Board amending the Miami Beach Employees Retirement Plan created by Ordinance No. 2006-3504, as subsequently amended by amending Sections 2, 3, 4, and 5 to correct errors in the internal cross-referencing to increase the drop participation period for members in the AFSCME bargaining unit from 5 to 8 years to allow for the re-employment of retirees after a period of separation. of at least six months continued receipt of retirement allowance during the employment and foregoing eligibility to rejoin the plan and by creating a new section 16 of the plan to allow employees participating in the defined contribution system to join the plan and invest in the current schedule of benefits after five years of credible service, repealing all ordinances in conflict therewith and providing for an effective date that is item R5C, the second reading public hearing.
Since Commissioner Magazine is going to ask you to explain this in plain English, I'll ask first.
Good morning, thank you. I'll do my best to be in simple English. This ordinance does three things. One, it extends the drop from five years to eight years for AFSCME. fiscal impact, we have an actuarial statement that was attached to this item before second reading. The second thing that this ordinance does is it allows the city to rehire individuals that used to be employed here, have been gone for more than six months. They may or may not have a pension, but it allows them to come back and be rehired with a, not with a pension, but with a 401 . And the third thing that this allows us to do is to, there are a group of employees who many years ago did not opt into the pension. They have been employees here for a long time. There's about 12 of them. And this allows them to opt into the plan on a go-forward basis, which is a normal cost to the system, just like we would hire a new employee.
Commissioner Natalia Salinas.
So I have a couple of questions. So I've received some communication from employees that want to opt into the system, but they don't want to start off at zero. So can you address that please? And apparently when in 2006, when this was offered, they were allowed to buy time, but now it's not being offered. That is correct. And is there a way that we can allow employees to buy some time or is that going to tell me a little bit about the financial impacts that might have?
So I'm not an actuary, but I understand that if you were allowed to buy time, um, it could create, there's two, two issues. If it's their own funding that is being brought into by time that doesn't have an immediate fiscal impact to the city because, um, allowing people to buy time using, for example, their leave does have a cash impact to the city. But if you buy time into the system, it creates an additional unexpected liability on the pension system, which would be factored in to the cost. So each individual person is buying service hours, basically. And so that means that their pension benefit would be higher.
So Commissioner, to answer your question, in 2006, what happened was we had two systems. We had a 401 and we had a pension system. And people were given an option at that point whether they wanted to continue on in the 401 or they wanted to join the city's pension system. And we had a group of individuals that decided that they wanted to stay with the pension system for different reasons. Sometimes people thought, I'm only going to be here for a couple of years. I don't want to worry about a pension. want to put it in something I can easily get out. But people had a choice to make. There were a group of employees that we still have, I think it's around 10, that did migrate over. They chose to stay in the 401. And now, years later, they maybe stayed longer than they thought. would like to be able to be a part of the pension system what's being offered to them at this point in time is the ability to at least get in on a go forward and you know we've discussed with the manager there may be something in the future where where we have an opportunity for them to maybe get some of the credit if they you know at a cost to them but right now it was just to be able to at least get them into the system because those individuals that have been in the 401 for a number of years ALL THEY HAVE IS BASICALLY A SUM OF MONEY, BUT THEY ALSO WILL HAVE NO SOCIAL SECURITY. SO IN THEIR RETIREMENT YEARS, THEY WON'T HAVE ANYTHING COMING IN, THEY WON'T HAVE A PENSION AND THEY WON'T HAVE ANY SOCIAL SECURITY BECAUSE THEY'VE BEEN HERE FOR A NUMBER OF YEARS. THIS AT LEAST GETS THEM IN WHERE THEY'RE STARTING TO GAIN ON A MOVE FORWARD AND WE'RE NOT RULING OUT THE POSSIBILITY THAT THERE MAY BE SOME OPPORTUNITY FOR THEM IN THE FUTURE. THAT'S KIND OF WHERE WE'RE AT RIGHT NOW.
I just want to make sure that, thank you, Mark, I appreciate that. I just want to make sure that we do have that opportunity for those folks if they do want to buy in with some of their own money and they can have that opportunity as well and we're not closing the door on them. So how do we make sure that that happens? Because there are a number of folks that have reached out to me and they're very panicked about this, very worried.
So if I could, you know, there's multiple conversations I feel like that are going on simultaneously one is if they move from the 401 to the pension system they're not losing their 401 they get to keep the entirety of the nest egg that they've built up over the time that they've been here they are entering the pension system as if they were a new hire employee and they do have to go through five years in the city to vest in that program But that gives them the opportunity to start building an additional nest egg on top of the one that they already have. And if we were to do a buyback, there are many bargaining units across the city that are very interested in having these buyback conversations. And there are instances where people can buy back former military service, Former municipal government service that doesn't have an associated pension. These are these are not uncommon things But it's something that we would want to do holistically and and have a conversation Amongst all the groups rather than just these individuals So we're but we're gonna we're gonna have those conversations as as it comes up. Yeah, we have them every bargaining session
And the unclassified employees too?
So we typically try to give the unclassifieds similar opportunities to the folks that are in the bargaining units so that we don't create a situation where people feel like they have unequal benefits.
Okay.
Thank you.
Yes, ma'am.
So I need a motion on R5C. I'll second. I have a motion by Commissioner Fernandez, seconded by Mayor Miner. It is a public hearing. I see no one on Zoom, no one in the audience requesting to speak. Commissioner Fernandez?
Yes.
Vice Mayor Dominguez?
Yes.
Commissioner Magazine?
Yes.
Commissioner Mateo Salinas?
Yes.
Commissioner Suarez? Yes. Commissioner Bott? Yes. Mayor Miner? Yes. Motion carries. That was item R5C. It is approved.
Thank you.
Thank you, Mahler. Mark? R7Y. R7Y is... ID location to replant oak trees removed during construction on First Street. I'm sorry. No. Our settlement agreement with Marine Association Amendment 5, Lease Agreement Amendment 3. So R7Y, the settlement agreement.
Mr. Mayor, I don't believe this item is ready to be heard. So I think we're going to ask that it be withdrawn. Deferred. Deferred. Deferred to next month.
So R7Y is being deferred. Okay.
Let's call...
That was easy, Mike. Mayor, can I make two withdrawal announcements? Commissioner Suarez is withdrawing R9N. If you could list that as a withdrawal, R9N. And he's withdrawing.
You want to say which item that is? Yes. R9N. Short title. Yes. For people in the public. R9. Okay.
So I'll do it that way. R9N is discussed. Take action. Our Basel license agreement. R9N is being withdrawn. And Commissioner Suarez is also withdrawing R9G. Discuss action. Recent uptick in car thefts within the city. R9G.
Commissioner Suarez, thank you for your efforts in moving this meeting along. Hold on. Let me have some more.
So if anyone else wants to withdraw, this is the time. R9H, Commissioner Magazine is withdrawing R9H. Discuss municipal prosecution program. So R9H is being withdrawn. and R9P is also being withdrawn discussed. They can actually maintain house party ordinance to allow city manager discretion for event permits, R9P. So where we're joining right now, R9G, R9H, R9N, and R9P.
Great. Thank you for those announcements. Let's call R5D along with, as we discussed during the discussion, the consent agenda, C7AS. Yes, sir.
R9D is an ordinance of the Mayor and City Commissioner of the City of Miami Beach, Florida, amending Chapter 106 of the Code of the City of Miami Beach, entitled Traffic and Vehicles, Article 2, entitled Metered Parking, Division 1, entitled Generally, Section 106.47, thereof entitled Freight, Commercial, and Passenger Curb Loading Zones, Hours, Deliveries, to modify and clarify requirements applicable to the use of freight, commercial, and passenger loading zones and providing for repealer, qualification, servability, and an effective date. This is a second reading public hearing. It is item R5D, companion item C7AS is, C7S is identify areas near blind corners in need of vessel speed reduction.
No, C7AS.
AS, I'm sorry. C7AS and resident tows.
Commissioner Fernandez. We have a few co-sponsors. Commissioner Dominguez, Commissioner Bach, Commissioner Suarez, and Commissioner Mateo Salinas. And I believe yourself on the end resident toes.
Yes, thank you. Thank you, Mr. Mayor, and thank you to this City Commission for unanimously sponsoring the end resident tolls reform. Today we're considering two items that work together to achieve strong enforcement where public safety requires it, but smarter and more proportional enforcement where compliance and where where where compliance can reasonably be achieved without unnecessarily punishing our residents who have placed their trust in us to serve them and improve their quality of life the first is our item that we've collectively sponsored to end resident toes this is one of the most common frustrations that I hear and I think we all hear from our residents. People come home from work late at night, they circle the block trying to find parking, they finally find a space and wake up the next morning to discover that their vehicle has been towed for a non-safety violation. Something innocent, maybe you parked a few feet into the yellow curb. you parked in the wrong residential zone, you misunderstood the confusing signage, or you didn't realize that a spot was painted yellow, but the yellow is now faded and you ended up getting towed. These violations should absolutely still be enforced with a traffic ticket, a citation, but towing is often excessive when the compliance can be achieved another way. And that's why this proposal creates a smarter driven enforcement framework that based on current city data could eliminate the majority of immediate resident toes on public property. Under the framework that we have before our commission today, residents would still receive citations and accountability measures, but would also receive up to three courtesy text messages per calendar quarter before being eligible to have their car towed on the fourth violation. Vehicles remaining in continuous violation for more than 24 hours would also remain tow eligible and that was a recommendation that came from Miami Beach United that has also endorsed this reform. And let's just put this into perspective, because this year alone, over 1,181 resident vehicles have already been towed in Miami Beach. And under the reform framework before all of us today, roughly 62% of those resident tows would likely have resulted, would not have resulted in an immediate tow and could have instead been addressed through a parking citation, through a warning first enforcement and through graduated compliance measures. The remaining violations involving genuine safety hazards, obstruction of dumpsters, you're blocking driveway, you're blocking emergency access, or you're a repeat violator, then in those cases, you are still eligible to get towed. Also, if you're blocking a fire hydrant, If you're parked in a handicapped parking space, shame on you. You will get towed. The change in the reform here, even for those, is that to try to achieve the quickest compliance possible, now even those violations will also get a text before tow notice because oftentimes people are close by and they can quickly correct that violation before a tow truck gets there. But unlike today's system, residents, would generally receive one final text before tow notification, giving them an opportunity to probably move their car before the tow is complete. The companion item also is important because it talks about freight loading zone. Freight loading zone abuse is an issue in our city. It creates traffic on our roadways, it creates congestion, It impacts businesses and it affects public safety. And the companion item enhances the penalties on freight loading zone violations, but it also creates a much needed consistency and clarity on freight loading zones citywide. Because right now, freight loading zones operate under a mismatch of different schedules and rules that can be confusing for our residents. You have freight loading zones that end at 11 a.m. You have others that end at 1. You have some that end at 3. You have some that end at different times, and it becomes a guessing game for our residents to know where they can park and at what time. So this companion ordinance, it creates a uniform citywide operating schedule for freight loading zones that pretty much says when you see a freight loading zone, you know that you can't park there between the hours. 7 a.m. and 3 p.m. No more guessing, you know that that is the schedule for those freight loading zones. So together these items create a more balanced enforcement mechanism, more fairness for our residents navigating everyday challenges in our city, stronger enforcement where public safety and mobility are impacted, and a clearer more predictable rural system for everyone using our streets. With that, I'd like to move these two items and open the floor to discussion through you, Mr. Mayor.
Thank you, Commissioner Fernandez. Commissioner Suarez. Thank you, Mr. Mayor. And thank you, Commissioner Fernandez, for bringing this forward. I mean, it's almost like a rite of passage getting your cart towed in Miami Beach. I think everyone up here has got their cart towed. And I'm supportive. Obviously, I'm a co-sponsor. The only one thing I want to caution, and I don't know if this was thought about, but The North Beach is going to be going through serious parking constraints with the parking lot 92, right? Where it's going to be under construction for the foreseeable future, maybe three, four years. And we're going to have, again, many shows at the bandshell, many events in North Beach. What I want to avoid is residents from South Beach or Mid Beach going to North Beach parking in the residential areas there and just saying, well, it's only a $30 ticket. It's almost like a valet. And it's easy for me to do that. Is there a way we can come up where we prevent that?
I would defer to our parking director.
So we can, from an enforcement aspect, Commissioner, Will McDonald, Director of Parking for the City of Miami Beach, we can create different enforcement rules for different zones if that's what we are directed to do. We absolutely can do that.
Right. And again, I mean, look, I'm supportive of the idea, but what I don't want to happen is... there to be because they're going to be bad out. There's going to be that bad. There's people are going to take advantage of this and say, well, you know, it's only a $30 parking ticket and I want to go see the show or I want to go to North beach or anywhere, you know, vice versa. And you know, it's, it, it's not, it's not a big deal for me. I know I'm not going to get towed because I'm part of the registration program. How do we prevent that bad behavior from happening?
I think one of the things that we could do, because a lot of this, I think, is giving the benefit of the doubt to the residents that we serve. I think people that are coming into our city that abused us, they're going to get towed. First violation. They're still eligible to getting towed. This is about those who have placed their trust in us, us trusting them back. and giving them the benefit of the doubt. Now, if they abuse the system and we see that there's a problem, I think we can always come back. We can always make an amendment and say, you know what? It's on North Beach, the issue that you're mentioning, and we can always amend it, and it's a simple resolution, so it's always easy to amend a resolution. But I think we should give our residents the benefit of the doubt. I think that we're already putting on the table an enforcement mechanism, and if they are repeat violators and they do abuse the system, then they'll still get towed. And they're also, upon the first violation, they're getting a text message. They're getting a text message that tells them, hey, you're illegally parked, second sentence, please move your vehicle immediately. And that's within the item that's before us. I don't know if you have any other suggestions.
Since North Beach parking is so limited, and it's going to be even further limited once we remove this parking garage, How about we do specifically for Zone 26 a one-time courtesy?
That's fair.
I think that's fair. A one-time courtesy non-toe, text message and everything. But after that, there really should be some sort of protections for the residents of North Beach and their parking.
And let me hear from my colleagues on that because we're all sponsors on this legislation.
Thank you. Through the Vice Mayor?
Laura, you're leading the meeting.
Through the Vice Mayor? Yes. Well, I saw your face. And I thank you for just give us your thoughts on how that works. I like the idea because it is going to be a little bit of a cluster up there for the next few years. Is it viable? Is there any issue with that? No. I like the protections that are already built in with it. The text, I would suggest, please move your car within 30 minutes of receiving this message, because as soon as possible, you know, like...
It says immediately.
Well, whatever it is, but I think we need to, like, you know, whatever. But that's nuance. Is this doable, practicable, a nightmare, completely unenforceable, all of the above?
So it's absolutely, we will execute it. I want to make that very clear. We employ human beings just like everyone else in the city. There may be some mistakes because right now the technology isn't there to immediately, say, build an algorithm that says, oh, we're in this zone and this zone. We only do one in this zone. It will be three.
Yeah, that's my concern.
It does get challenging. But we have some stop gaps in place right now before our team performs any tows. There's, for example, one of our team members will call into our dispatch. They'll repeat the plate phonetically. The dispatch will also then check the plate. We do these things to try to stop mistakes now. So we can build policies and an SOP that can state If we're in this zone, these are the guardrails that we're looking at. If we're in this zone, these are the guardrails. And we will absolutely execute it to the best of our ability.
And by the way, just to be clear, I'm not trying to single out just North Beach. I mean, there's also South of Fifth, right? I mean, you have a very limited residential on-site parking. There's a lot of restaurants in South of Fifth. And if people from anywhere else on the beach wanted to just come and take over the parking there that are residents, it could possibly happen. So look, again, of course I'm supportive of this item, I think it's a great idea, but we just have to have some protections because it is ripe for abuse.
So if I could just chime in there. Those weren't the same concerns that we had when we initiated the text before tow program. We had the same concerns that the residents were going to abuse it. And to the contrary, the residents haven't abused it. I think it's broad awareness you've informed someone that they're in violation. And I've heard from people that they've received those text messages, They've been able to correct the violations before a towing truck got there and they were aware now of something that they shouldn't be doing that they weren't aware of before. One of the other tools that we have is that we have the ongoing reporting. that we're going to be getting as a commission, we're going to be doing the monitoring of this. We're going to get weekly LTCs summarizing the towing activity, the citations, the enforcement metrics, and perhaps we could get a specific, you know, as part of that LTC, get a weekly update there, okay, and what's happening in Zone 26, and that's a concern, so that if we need to correct course, we could do that. But I would like for us to consider adopting it uniformly throughout the city. And then if we see that there is an abuse somewhere, we can go back and fix that. But I do think we should give our residents the benefit of the doubt. Because I think for the most part, people make innocent mistakes when it comes to parking. And that's been my experience. People generally, they're not looking to purposefully violate our parking regulations.
And if I may also just jump in, Ralph, since you're here, gentlemen, if you don't mind approaching for a quick second. You know, part of the issue with towing is the residents being knuckleheads or forgetting or sometimes both at the same time, in my case, certainly. Part of it is our policies and our staff doing the best they can with challenging circumstances. And part of it is our partners in towing. And I would suggest that it is going to be very important that our partners in towing understand what we're doing and do not get trigger happy with their towing vehicles. Because once a car is on the tow truck, it becomes a whole different conversation. And I know I have been towed when I was not supposed to have been towed years ago, and they did not want to hear it from me. And that is an operational thing for the business owners. And I think there's going to need to be a very clear set of policies and procedures that is understood by the ownership and the staff who are enforcing it once it gets handed off from the city. Because we've all gotten these emails from people who got towed when they shouldn't have been. And if we're making it a little bit more complicated anyhow, we're going to need to make sure that tow operators know what they're doing when they're doing it.
THANK YOU, COMMISSIONER BOTT, FOR INVITING ME UP. GOOD AFTERNOON OR GOOD MORNING, CITY MANAGER, COMMISSIONERS, Mr. Topico. That's why they're here. I asked them to come so that they can hear directly from the commission regarding any concerns related to towing and the direction that this is all moving in. So I think they can both acknowledge what they've heard and we will absolutely do our best to meet the city's expectations. And certainly if I can tell you from my perspective and their perspective, if we never towed another resident again, We're thrilled. We don't want to tell residents. I'll move that motion. There you go. So we're here to cooperate with you and help the city however we can, whatever challenges you all face. So thank you for inviting me up. And anyone else sitting right here, if you have any other questions.
So just just to be clear, I mean, is there an appetite for zone 26 to have a little bit more protections because You know, they're going to be, when that parking lot is demolished, it's going to spill over to the residential parking lot.
Why don't we look at the metrics? Let's see when that happens.
The problem is it's different when it gets demolished, right? And so we kind of want to be ahead of the curve.
But that's going to be a long project. If people start abusing it, we'll be able to notice it immediately. I mean, the moment people start abusing that, you're going to be giving us weekly LTCs. And in that LTC, you can tell specifically what's happening in Zone 26. The moment we see that, we can put a resolution on the agenda.
Commissioner, with all due respect, that sounds great, but from my experience, the parking enforcement on Zone 26 is abysmal. When we had an issue with this one block on Zone 26, there were 26 citations given. When my aide and I, who... raise the issue, they gave out 26 citations on one block because I asked them to, to start enforcing zone 26. And so, you know, we can certainly wait, but that's assuming that we have a robust enforcement system on parking, and I don't think we have that right now.
Well, and one of the items that we've adopted as part of the consent agenda specifically speaks to enforcement and enforcement in North Beach, about allocating resources for enforcement in North Beach and enforcement in South Beach, where we know we have challenges to make sure, because what you're telling me is that even the... The problem isn't even towing. The problem is that there's not even citations being issued. Correct. And one of the policies that we've put forward that got adopted with this agenda, and I'll give you the item number in just a second, it established a dedicated parking enforcement pilot program, C7AN. C7AN. addresses specifically what you're asking, the violation of the resident parking in North Beach, the violation of the resident parking in South Beach, and making sure that we have the sufficient personnel available to be doing that enforcement. Because you're right, you know, oftentimes, you know, people get home from work and they can't find parking because you have people even from outside the city, from outside the city that are going in and parking in parking spaces that belong to our residents. And who's being affected are those who we are actually trying to protect. And so we've taken that concern that you have into consideration and we've created this detail that we approved as part of the consent agenda.
I'm okay with just waiting for the data to see if there's, but again, that's only as good as the people taking the data.
You have my commitment. You have my commitment that as part of this detail that's been created and the LTCs that we'll be receiving, that if we see abuse, listen, at the end of the day, that abuse, who does it affect? The residents in North Beach. The residents in North Beach who won't be able to find parking when they get home from from work and we will work together on addressing that if that does happen.
This is a great item. Thank you, Commissioner Fernandez and everyone. This is a perfect example of what our commission is doing for residents' quality of life.
We're ready to call a vote. I have a motion by Commissioner Fernandez. I need a second. A motion by Commissioner Fernandez, seconded by Commissioner Mattel Salinas. It is a public hearing. I see no one on Zoom, no one in the audience requesting to speak. It is a motion for both item R5D and C7AS. Commissioner Batt.
Yes.
Commissioner Mattel Salinas.
Yes.
Vice Mayor Dominguez.
Yes.
Commissioner Magazine. Yes. Commissioner Fernandez. Yes. Commissioner Suarez. Yes. Mayor Miner. Yes. Both motions are approved. Item C7AS and R5D are approved.
While we're on the general topic, R9Z.
R9Z is Disgusting Action Contemplated Inclusion of Motorcycle Scooters Residential Parking Permit Program.
Commissioner Suarez. Thank you, Mr. Mayor. So I was briefed that the city administration was contemplating scooter motorcycle permit fees without putting it on the agenda for the seven of us to vote on. I don't think that this is an operational issue. It's a new fee and I certainly don't think that the city administration should be unilaterally applying fees to our residents. I understand the need for this was to get data on where there are more scooters, but I think our scooters being throughout the city. However, I don't think we need to require a fee for that or a permit. I think we can, I think the city administration can do that without that. So Mr. City Manager, is this program still being contemplated by city staff?
So yes, this program is currently scheduled to roll out on June 1st. My understanding is that the ordinances that are in place for parking allow us to implement this. And based on the recommendations of our parking department, we felt that this would help bring some order to Some of the challenges we've been facing with the motorcycle and scooter parking and I would welcome our parking director to add any color to that Okay before we do that.
I just want my colleagues to know I Have a big problem with the administration imposing fees on our residents without our input I don't I think that at a very minimum should never happen unless it's put on an agenda from one of us to decide that. I don't think city administration should be imposing fees on anything. And so I think the city administration, respectfully, is completely out of line on this. Second, the whole reason why scooter and motorcycle parking was, when I did the research, was to is because they're more efficient when it comes to parking. You can put seven or eight, ten motorcycles or scooters in a single parking spot than for a car. I understand there's a lot of challenges when people leave a motorcycle or a scooter in a parking spot in the middle and it doesn't prevent anyone else, but we can address that easily with just dedicated scooter parking spaces and having an ordinance that says, look, if you have a scooter or motorcycle, you have to park in the scooter motorcycle designated parking spots, not take up a whole lane. But at the very minimum, I'm wholeheartedly against the city administration imposing fees on our residents and unilaterally deciding that we're going to upend a tradition that that encourages smaller transportation devices on the city parking infrastructure. We don't want to make it harder, we want to make it easier. So I want to see how my colleagues feel about this. We can certainly accomplish the intent of this without having to raise any fees or create BUREAUCRATIC PROCESS TO GET A PERMIT FOR SOME OF THESE TRANSPORTATION DEVICES.
COMMISSIONER FERNANDEZ.
THANK YOU. MR. MAYOR, COMMISSIONER SUAREZ, I AGREE WITH YOU 100%. RIGHT NOW THERE'S A CITYWIDE MOTORCYCLE DECAL THAT I KNOW I HAVE IT ON MY MOTORCYCLE AND IT'S LIKE $134 A YEAR I THINK IT IS OR SOMETHING LIKE THAT. YOU CAN PARK CITYWIDE.
And those are, that is a metered. So those are citywide in any metered motorcycle area that's meant for the general public.
Right. And so, and so to the people who are purchasing that, I mean, if you, if you live in a residential zone, you're probably purchasing that already, um, to, uh, to park in, in one of these metered spaces. When the person goes in and they buy the citywide motorcycle, um, PASS, IT SHOULD ALSO INCLUDE AS PART OF THAT THE RESIDENTIAL ZONE THAT THEY LIVE IN. AND MAYBE THAT'S SOMETHING THAT CAN BE DONE AND THEY CAN and they can park in those designated motorcycle or scooter areas, to your point, so that people are not parking a scooter or a motorcycle in a full parking space that could be used by a vehicle. You still direct them to scooter or motorcycle designated parking, but you're not adding the fee. But people are already registering their motorcycles with the city. through this annual pass, and maybe when they buy that pass, you just also include as part of that the residential zone that they live in. Is that possible?
Yes, 100%.
It is 100% possible.
100% possible. And we would be full support of that. Is there a vote you want to?
Well, the vote is I don't want the city administration imposing a fee. I agree with you.
And we're open to fee-free just way of registering vehicles so that we know who has what where.
Yeah, but I don't think, I think his point is even when something is not fee-free, when there's a fee to be imposed on the residents and the taxpayers of the city of Miami Beach, that should be considered, debated, voted on, and approved by those who have been elected by the residents, not by the city administration.
And I would welcome the attorney to just weigh in on what the ordinance allows or doesn't allow under that. Particular I mean, I think I think that was your point commissioners, right?
That's what I brought this ordinance or that's why I brought this Discussion item is to Prevent that from happening June 1st because I don't think you can I don't I certainly don't think you guys should be imposing any fees before a discussion happens And so where does that leave us right now? I think I guess I would make a motion to approve
not allow the city administration to impose a scooter parking fee for um for residents in starting in june um rick i think you're gonna answer the manager's question but i also have a question that's kind of a corollary since i don't have experience of how other municipalities do this um Will, in other cities where you've been the director of parking, what is the typical best practices of when the administration can institute fees versus when they become policy decisions done by the electives?
So I will... So the administration, from best practice, a registration, especially in our residential zones, is going to be a best practice, and full stop. The reason, So under the ordinance it talks about automobile and motor vehicles. And motorcycles under Florida statute are already included under automobile and motor vehicle under the definition. And so I understand that this was a past practice from previous directors that really wanted to focus on the sustainability efforts of motor scooters inside residential zones. The challenge that has been presented to me over my last year is simply without registration, it's impossible to control. And so, for example, our team started when I first got here. They were already in the process. I'm sorry, I just got to push back on that.
Why is it impossible to control it?
So if we don't require registration, and let's say we go, there are certain places, I'll use Flamingo Park, where you can see 25 scooters lined up in a row. We don't know if there are workers going to the entertainment district, or we don't know if there are residents that actually live there, because we don't require registration, even though... Well, how hard would it be to just have dedicated parking spots for scooter and motorcycle?
Yes. And having us pass an ordinance that says you can't park a motorcycle or a scooter on a regular motor vehicle car parking spot.
So we actually, when I first got here, the team had started painting those spaces in certain areas of the city. The challenge was, because there was no control, if somebody was parked outside, and we had heard it when we had given citations, they're like, when I got home, all the scooter spaces were full, And there was no room for me to park, so I had to park outside the scooter space. And we had no way of knowing if the people that were inside the scooter space were actually residents or they were supposed to be there. And so what we are hoping to accomplish by having two-wheeled vehicles register is to be able to now we have the data to say we know that 15 two-wheeled vehicles exist on this block. we can say two and a half feet per stall, we can create a space that exactly aligns with the resident needs so as not to now take up unnecessary space by blindly going out and painting a motorcycle or scooter parking stall and taking away from vehicle parking.
But wouldn't that be just part of parking's job is to know exactly where the hotspots are? Because I can't imagine there's more than a few hotspots of not enough scooter parking of those designated areas. It just seems... too much of a shotgun approach to require a fee and make everyone register because of maybe a few problems here and there.
I think we're in agreement that we're not going to charge a fee, so let's...
Right, but I want to get to the solution of... Because in South of Fifth, there's plenty of spots where motorcycles just park on a parking spot, and they should be parking in the scooter zone, and there's plenty of parking in the scooter zone. They just choose not to do that. So does that require a commission ordinance for that to happen?
It does not. My only request is that if these scooter zones become unregistered areas, so any scooter can park in any residential zone in these scooter areas and it displaces a resident and then we cite a resident for not parking in the scooter zone, it does become an enforcement challenge.
Let me make a recommendation. Eric, we have your commitment. You're not charging fees, correct? Correct. You want to come up with a proposal that we can consider at the next meeting?
Sure. And if I may, through the Chair, we've heard you loud and clear, Commissioner. We will hold off on implementation of the program until we've had a robust conversation here at the Commission and we've decided on what's the appropriate next step.
Well, I'd still like to make a motion to ensure that you don't impose any fees for a scooter motorcycle decom.
We have a motion and a second by Commissioner Fernandez.
I have a motion and a second on R9Z. All in favor, please say aye. Aye. Anyone opposed? Hearing none, R9Z, the motion is adopted.
And in the meantime, we'll work on crafting... better approach to the scooter motorcycle challenge thank you Commissioner Suarez good discussion r5h
F5H is an ordinance of the Mayor, City Commissioner of the City of Miami Beach, Florida. Amending Chapter 10 of the Code of the City of Miami Beach, Florida. Entitled animals by amending Section 10-2 thereof. Entitled fines for violations of animal control ordinances. Unpaid fines to constitute lien and basis for revocation of city parking permits. Decals by amending and identifying those sections of the City Code to which the general penalty provision set forth in Section 10-2. Do not apply and by amending section 10 a dash 11 thereof entitled running at large prohibited exceptions But providing enhanced civil penalties for animals running at large and providing for repeal or several ability codification and effective date This is a second meeting public hearing. It is item r5. H Commissioner bought move the items I heard r5. H. I heard a motion by Commissioner bought seconded by Commissioner Fernandez It is a public hearing. I see no one in Zoom, no one in the audience requesting to speak. If there's no discussion, Vice Mayor Dominguez. Commissioner Fernandez? Yes. Commissioner Suarez? Yes. Commissioner Magazine? Yes. Commissioner Bott?
Yes.
Commissioner Mateo Salinas?
Yes.
Mayor Miner? Yes. This item is approved. It was item R5H. It is approved 7-0 with no one requesting to speak. R5H. R5K. R5K is an ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Chapter 14 of the Code of the City of Miami Beach, entitled Building Regulations, by amending Article 2, entitled Construction Standards, by amending Division 4 thereof, entitled entitled 2017-2026 Building Permit Reprieve Program to extend the duration of the Building Permit Reprieve Program for owners of single-family residential, multi-family residential, mixed-use, or commercial properties who have failed to obtain a building permit or who hold expired permits through December 31, 2028, and to amend the definition of existing buildings as used therein and providing for repealer qualifications of ability and effective date and a sunset provision. This is item R5K. It is a second reading public hearing. I move the item.
Second.
A motion by Commissioner Fernandez, seconded by Commissioner Suarez. It is a public hearing. I see no one on Zoom and no one in the audience requesting to speak. Commissioner Fernandez? Yes. Commissioner Mattel Salinas?
Yes.
Commissioner Suarez? Yes. Commissioner Magazine?
Yes.
Commissioner Bott?
Yes.
Vice Mayor Dominguez?
Yes.
Mayor Miner? Yes. Motion carries. That was item R5K. R5L. R5L is an order to the Mayor, City Commissioner of the City of Miami Beach, Florida, amending Chapter 82 of the Code of the City of Miami Beach, entitled Public Property, Article 7, entitled Art in Public Spaces, Division 1, entitled generally Section 82-537, thereof entitled definitions to create certain definitions. DEFINE TERMS AMENDING DIVISION 2 SECTION 82-562, THEREOF ENTITLED POWERS AND DUTIES TO MODIFY THE POWERS OF THE ART IN PUBLIC SPACES AIPP COMMITTEE AMENDING DIVISION 3 ENTITLED FUND SECTION 82-587, THEREOF ENTITLED APPROPRIATIONS BY THE CITY TO FUND AMEND REQUIREMENTS FOR AN AIPP ALLOCATION TO BE IMPLEMENTED ON THE SIDE OF A CITY CONSTRUCTION PROJECT NOT PROVIDING FOR REPEAT OR CALLIFICATION SERVABILITY IN AN EFFECTIVE DATE. R5L IS A SECOND READING PUBLIC HEARING. COMMISSIONER BOTT.
I MOVE THE ITEM.
SECOND. A motion by Commissioner Bott, seconded by Commissioner Fernandez. It is a public hearing. I see no one in Zoom, no one in the audience requesting to speak. May I call the roll? Yes. So Commissioner Mateo Salinas.
Yes.
Commissioner Bott.
Yes.
Commissioner Fernandez. Yes. Commissioner Magazine. Yes. Vice Mayor Dominguez.
Yes.
Commissioner Suarez. Yes. Mayor Miner.
Yes. Motion carries. The item is approved. That was R5L. R5S. Yes.
R5S is an ordinance amending the City of Miami Beach year 2025 comprehensive plan pursuant to state coordinated review process of section 163.3184 subsection 4 Florida statutes. By amending goals, objectives, policies, and document titles of the comprehensive plan, including the following elements, resilient land use and development, transportation, housing, public school facilities, and capital improvement, and pursuant to Florida Administrative Code Rule 73C-49 and section 163.3191 Florida statutes, And title evaluation and appraisal of comprehensive plan incorporating necessary amendments reflecting changes in state law and updating the comprehensive plan based on changes in local conditions since the last updated based on evaluation and appraisal report updated adopted on October 16, 2019. And providing for inclusion in the comprehensive plan, transmittal, repealer, servability, and an effective date. This is item R5S. It is a second reading public hearing.
Commissioner Fernandez. I move my item.
Second.
A motion by Commissioner Fernandez, seconded by Commissioner Suarez. I see no one in Zoom, no one in the audience requesting to speak. Commissioner Fernandez? Yes. Commissioner Bach?
Yes.
Commissioner Mattel Salinas? Yes. Commissioner Magazine? Yes. Last Mayor Dominguez? Yes. Commissioner Suarez? Yes. Mayor Miner? Yes. Motion carries. The item is approved 7-0. That was item R5S. R5AC. R5AC is an Ordinance of the Mayor and City Commissioner of the City of Magbreech, Florida, amending Chapter 70 of the Magbreech City Code, entitled Miscellaneous Offenses, by amending Article 1, entitled, in general, by amending Section 70-1.1 thereof, entitled Habitual Municipal Ordinance Violation Offenders, to include additional criminal municipal ordinance violations within the Habitual Municipal Offender Ordinance, and providing for repeal or sub-ability, codification, and effective date. This is a first reading public hearing. It is Item R5AC.
Thank you for bringing this item, Commissioner Mattel-Selinas. Proud to co-prime with you.
Thank you, Mr. Mayor, and thank you for your co-prime as well. I appreciate that support. So this is tightening up our municipal habitual offenders ordinance. It used to be in the past that someone could be, if they were convicted four times in the previous year, they were considered a habitual offender. And now we're doing, we're tightening up a little bit to be three times in two years because we have so many folks that are out in the street that, you know, commit crimes and they're convicted time after time after time and then sent to jail and then let let out, and then they come right back to Miami Beach to prey on our residents and our visitors. So this is just tightening this up a little bit. And I would appreciate everyone's support. Thank you.
If I may, if I may, through the chair, I just want to make one clarification. The tightening up applies to certain municipal offenses, which are generally quality of life issues, smoking cannabis, urinating or defecating in plain view public camping park after hours the The other ordinances that we have in our code Relate to state law offenses and those will remain with the four strikes So so we are not able to change that until unless and until the state changes its habitual offender statute
So just I'm sorry just to be clear so even if it's a municipal ordinance You couldn't change it if it's considered.
It's similar to state law if it's something that we adopted pursuant to state law Then it has to stay at before strikes in one year unless and until the state changes Do we have a separate item to? Legislative priority yes Thank You Commissioner Fernandez
Commissioner Mateo Salinas, thank you for bringing this item and Mr. Mayor for co-priming. With the Commissioner, I'd like to join as a co-sponsor.
Excellent. I heard Joe Magazine and Commissioner Magazine as well.
Let's call the vote. It is a public hearing. I have a motion by Commissioner Mateo Salinas, but no second yet.
I'll second.
Heard Commissioner Bott. Motion by Commissioner Monica Mattel Salinas. Seconded by Commissioner Bott. It is a public hearing. I see no one on Zoom. No one in the audience requesting to speak. Commissioner Magazine.
Yes.
Vice Mayor Dominguez.
Yes.
Commissioner Fernandez.
Yes.
Commissioner Mattel Salinas. Yes. Commissioner Bott.
Yes.
Commissioner Suarez.
David.
Yes. Mayor Miner. Yes. Motion carries. R5AC is approved on first reading, second reading, public hearing is scheduled for June 24th. We're listing Commissioner Magazine and Commissioner Fernandez as co-sponsors. That was item R5AC.
I'm sorry, I was listed yesterday as a co-sponsor on this, I think.
We'll verify that, so we'll add you also. Great. Thank you, Commissioner Mateo Salinas.
I'm there. Okay. It just wasn't called in the record, but it's there.
Oh, I was just adding the ones that said now.
Oh, gotcha. Okay. Thank you.
R5AD. R5AD is an order from the Mayor and City Commissioner of the City of Miami Beach, Florida, amending Chapter 12 of the Miami Beach City Code entitled Arts, Culture, and Entertainment by amending Article 2 entitled Special Events by amending Section 12-5.2, the relevant title special event permit required for large-scale residential parties and events to provide for recovery of city cost violations, providing for repealers of ability, qualification, and effective dates. R5AD is a first reading public hearing.
Commissioner Fernandez, co-sponsored by Commissioner Bott.
Thank you, Mr. Mayor. Residents have been raising concerns for years about large, unpermitted house parties. and the strain they place on surrounding neighborhoods. And the truth is that enforcing these events isn't easy. It requires a great amount of resources from our city administration, whether it be code, whether it be police, fire, parking, sanitation, to step in, and sometimes in significant numbers just to keep everyone safe and maintaining order. Right now, when a homeowner hosts a large scale party during a certain high impact period without a special event permit. The city is the one that is absorbing the cost. Every law-abiding resident, every law-abiding homeowner, every law-abiding resident taxpayer of the City of Miami Beach are footing the bills for the personnel, for the equipment, for the emergency response triggered by these illegal events. This ordinance as a straightforward cost recovery process so that when the violation occurs, the property owner, not the public, covers the city's expense. It establishes a new subsection in our existing code that allows the city to bill for enforcement costs, and if those bills go unpaid, then place a lien on the property. is simple. This is about fairness and ensuring that one person's abuse of their neighborhood, abuse of the city code, doesn't end up costing the rest of the law-abiding residents of the city of Miami Beach. And with that, I'll move the item.
I'll second. I love this item. I think it's great and long overdue.
Thank you. Thank you. A motion by Commissioner Fernandez, seconded by Commissioner Bott. It is a public hearing. You'll see no one in Zoom, no one in the audience requesting to speak. Commissioner Dominguez.
Yes.
Commissioner Suarez. Yes. Commissioner Mateo Salinas.
Yes.
Commissioner Magazine.
Yes.
Commissioner Both.
Yes.
Commissioner Fernandez. Yes. Mayor Miner. Yes. Motion carries. Second reading. Public hearing is scheduled for June 24th. That was item R5-AD.
Thank you Commissioner Fernandez. We'll call another one of your items R5-W.
R5W is an ordinance of the Mayor, City Commissioner of the City of Miami Beach, Florida, amending Chapter 82 of the Miami Beach City Code, entitled Public Property, by amending Article 5, entitled In General, by amending Section 82-441 thereof, entitled Fishing from Viaducts and Bridges in the Jetty Area between 29th and 33rd Street and in Restricted Swim Areas, by providing definitions, amending and clarifying those areas in which saltwater fishing is prohibited for the protection of the public health, safety, and welfare, and providing for repealers of ability, qualification, and effectiveness. This is a first reading public hearing. It's item R5W. I move the item.
Through the chair.
Commissioner Bott.
I actually would like to understand this a little bit better.
Sure.
I definitely don't want fish guts and fishing hooks lying around where it can cause trouble for pets and children. That's not the goal. My concern is, and so I'd like you to explain it, a little bit better. My concern is that for, we live on a barrier island and for people who don't live on a waterfront property, this may be their only opportunity to go fishing with their kids or their parents or by themselves. We have lots of public parks along the water that have benches and sea walls where people can avail themselves of the beauty of living on an island without having the, you know, it's very self-limiting self-selecting for people who are able to afford to live on the water. I myself am not a fisher person. It's not something I enjoy. But I am concerned about making it illegal for people who do enjoy it, who don't have any other access to it, unless you're a shark fisherman and you want to go fish sharks on the beach, which is a whole other disastrous conversation. But anyhow. So help me understand, because I don't want this to be a city of haves and have-nots.
So, Commissioner, if I could just answer you regarding the – this is about our Baywalk at the street ends of 10th Street, 14th Street, and Lincoln Road. We're not talking about our parks or any other areas. This is the Baywalk, 10th Street, 14th Street, Lincoln Road. These are some of our – most cherished spots along Biscayne Bay where our residents are walking their dogs and we want to keep them safe. So this is specifically in those areas. And Mark, I don't know if you want to expand on that.
No, that's exactly correct. Just for those three designated city-owned street ends along the Baywalk, which is obviously heavily utilized and quite crowded, you've already eliminated all motorized and unmotorized means of transportation except for, of course, wheelchairs when used by disabled individuals. But moreover, this ordinance would actually provide more opportunities for individuals who do want to fish because aside from the city-owned designated street ends that the Commissioner mentioned, 10th, 14th, and Lincoln Road, this would remove the prohibition on fishing from the jetty area between 29th and 33rd and also remove the prohibition on fishing from the restricted swim areas. So this actually opens it up more.
So removing it from restricted swim areas, does that cause a potential damage if you've got people out there swimming and they don't see somebody fishing and all of a sudden they get a hook in their bathing suit? I mean, again, clearly not a fisher person.
Well, and the reason why we're doing that is because we don't have jurisdiction in those areas. We can only do it in the city's right-of-ways. Is that correct, Mark?
NOT EXACTLY RIGHT-AWAYS, BUT CITY-OWNED PROPERTIES, CITY-OWNED REAL PROPERTIES. AND THE FACT OF THE MATTER, COMMISSIONER, YOU'RE CORRECT. I MEAN, IT IS CERTAINLY POSSIBLE. BUT, YOU KNOW, I THINK IT RARELY HAPPENS. I THINK OFTENTIMES THESE FISHERMEN ARE OUT THERE NOT WHEN SWIMMERS OR BATHERS ARE THERE. I THINK THEY'RE OUT THERE IN THE EARLY MORNING HOURS AND THE MID TO LATER EVENING HOURS WHEN IT'S BETTER FISHING FOR THEM. THEY'RE USUALLY NOT STANDING THERE WHILE PEOPLE ARE ON THE BEACH. I DON'T THINK THAT'S SOMETHING MANY OF US SEE.
So can I respectfully ask that we somehow communicate this to our residents? Because I know I've heard from people who are concerned the way they're reading it. is that they are not going to be permitted to fish places. And it starts here, then moves other places. And I get concerned with that. So is there a way to, through our social media, whatever else, I don't know if people need to apply for a fishing license. I have no idea. But so that people know you can't do it here, but all these other places now you can. Because again, we're an island. People move here because you're surrounded by water. You can't afford to live on water. You should still be able to enjoy it. something that I want to make sure people understand.
Yeah, Commissioner, I'd be happy to work with, or she is, I'd be happy to work with Melissa and I could provide her the substantive message. She can clean it up and make it marketing friendly. We can put it out and let the residents know that while these three city-owned property designated street ends, 10th, 14th, and Lincoln Road, fishing is prohibited. However, we're opening up the J.R. again between 29th and 33th and restricted swim areas. We could communicate that. Sure.
Okay. Thank you.
Great.
Any action, Commissioner Fernandez?
I move the item.
Second. Anyone second? I'll second. A motion by Commissioner Fernandez, seconded by Mayor Miner. It is a public hearing. I see no one in Zoom, no one in the audience requesting to speak. Commissioner Suarez? Yes. Commissioner Fernandez? Commissioner Fernandez? Yes. Commissioner Magazine?
Yes.
Commissioner Mattel Salinas?
Yes.
Commissioner Bott?
Yes.
Vice Mayor Dominguez?
Yes.
Mayor Miner? Yes. Motion carries. Item R5W is approved. Second reading, public hearing is scheduled for June 24th. That was R5W.
Great. So before we break for lunch, we have a working lunch, an attorney client session. I am required to read into the record. The attorney-client session shall commence and will be held during the lunch recess of the city commission meeting. In the city manager's large conference room regarding the following case, Penrod Brothers Inc. versus the City of Miami Beach and Boucher Brothers. the whole slew of case numbers. Hopefully I don't have to read all those. The following individuals will be in attendance. Me, Vice Mayor Laura Dominguez, Commissioner Monica Mateos Salinas, Commissioner Alex Fernandez, Commissioner Bott, Tanya Bott, Commissioner David Suarez, Commissioner Joseph Magazine, City Manager Eric Carpenter, Assistant City Manager Mark Taxis, City Attorney Rick DE PICO, CHIEF DEPUTY CITY ATTORNEY ROBERT ROSENWALD, DEPUTY CITY ATTORNEY HENRY HUNNENFELD, ATTORNEYS ERIC HACHMAN, ANNE FLANAGAN OF WEISS SOROTA, HELFMAN COLE, AND BEERMAN & BEERMAN. WE HOPEFULLY WILL BE BACK BY 1 P.M. TO CONTINUE WITH OUR SUDNICK TIME. THANK YOU.
Thank you. foreign Bye. Bye. Bye.
Thank you.
Thank you.
Thank you.
Thank you.
Please take your seats. The meeting is about to begin. Remember to speak into the microphone as this meeting is being recorded for public record. Please stand by. We are going on air in 5, 4, 3, 2, 1.
Welcome back. After our lunch break, I'm required to read into the record. The City Commission meeting is hereby reopened. The attorney-client session announced at the beginning of our lunch session has been terminated. Thank you, colleagues. We're going to now reopen our Sutnick time for the members of the public to speak.
Good afternoon, everyone. If anyone's interested in speaking during Sutnick, please approach the podium. And remember to please state your name, address, and you have two minutes.
Hello, I'm Gregory Regano, resident Miami Beach. So briefly we spoke on this this morning about the PFAS forever chemical levels in the water, in the drinking water in Miami Beach. And I just have a few key points I wanted to make. Commissioner Bott had stated that this is the county's fault and it is because the contamination has come from the airport. They own the airport and the water supply that the city of Miami Beach contracts with them to buy. But what the city of Miami Beach can rectify is in its water quality report, which I have here, it states unequivocally the following. The data confirms that the city's drinking water quality continues to be excellent, not just safe for our more than 80,000 residents, but also for the millions of visitors who travel to Miami Beach. It calls the water safe and excellent which it's a thousand times higher than what the EPA says is actually safe. The EPA also says water at these levels is cancer causing and inhibits development of children. Now there's simple solutions to this, including reverse osmosis and ion exchange. And instead of telling people that the water is safe and excellent, we should be telling them about these simple filtration solutions like reverse osmosis and ion exchange. The best company from what I have seen in my research is called Culligan.com. They've been around for almost a century. And they offer a product with financing for less than one dollar a day that you can have reverse osmosis installed in your home to have 99% less PFAS in your drinking water. Additionally, there's a famous movie based on this chemical and all the litigation into it called The Devil We Know. I highly recommend it. And thank you for your time. Really, we need strong leadership here, especially to protect the children and future generations. Thank you.
Thank you. Is there anyone else in the audience who wishes to speak? Seeing none, let's go to Zoom. Lilia Bobic, please state your name, address, and you have two minutes. Lillia, please unmute yourself.
My name is Lila Bobic, Lila, L-I-L-A.
I want to express my deeply concern about a news that I read today regarding the approval of the demolition of the building in Macy's 17th Street in Miami Beach to give us space to build two towers. We don't need more towers, we don't need more apartments, and we don't need more cars in the city of Miami Beach. The soul of Miami Beach is the Art Deco District and their old constructions, and I expect the mayor and the commissioners to work to save it. That's what I wanted to express, and I thank you very much.
Thank you. There is no one else wishing to speak, Mayor.
Okay, thank you. Not as lively as this morning. Let's get down to business. R5AH. R5AH.
R5AH is an order from the Mayor, City Commissioner of the City of Miami Beach, Florida, amending Chapter 30 of the Miami Beach City Code, entitled Code Enforcement, by amending Article 2, entitled Special Magistrate, by amending Section 30-37, entitled Terms of Office Compensation, by amending the compensation of the Special Magistrates, providing for codification, repeal, or servability at an effective date. This is a first reading public hearing. It is item R5AH.
Yeah, let's also, if you want to take the liberty of describing the item, even though it's not your item.
It's not my item, but I think what it does is that it amends the special, the special master's compensation by ordinance. Right now, I believe that the city manager has the authority to amend the chief special master's compensation, but the others that serve under this chief special master has to be done by ordinance of the city commission. And what I would like to suggest to the sponsor, and to the city attorney if it's possible, is in the ordinance to put their provision that perhaps in the future the salary can be amended by resolution, which is much easier. You don't need to do the two readings, and it kind of cuts the bureaucracy a little bit in that process.
I'm fine with that.
I don't know if that's possible.
Let us look into it, but we can consider bringing an ordinance to grant that. Or maybe between first and second reading if that can be looked into. Sure. And I believe the sponsor of this item is Commissioner Mateo Salinas.
Would you be willing to include that as part of the item?
Yes. Yep. That's a good idea. Thank you. Thank you.
So as amended then? Well, I need to look at the title to determine whether we can add that into this. If not, we'll bring a separate item.
So motion by Commissioner Dominguez, seconded by Commissioner Mateo Salinas. It is a public hearing. I see no one in the audience and no one in Zoom requesting to speak. May I call the roll? Yes. Commissioner Fernandez.
Yes.
Commissioner Bott.
Yes.
Commissioner Magazine. Yes. Commissioner Suarez. Yes. Vice Mayor Dominguez.
Yes.
Commissioner Salinas. Yes. Mateo Salinas. Minor yes motion carries the item is approved 7-0 second reading public hearing scheduled for June 24th. That was item r5 ah r5 y R5 wise in order some mayor city commission the city of a beach, Florida amending chapter 2 of the code of the city of a beach and tile administration by amending article 6 entitled procurement by amending division 3 and tile contract procedures by amending section 2-3 6-7 entitled for Rejection of bids, negotiations, sole source purchase waiver of competitive bidding to establish new procedural requirements in connection with waivers of competitive bidding and amending section 2-369 entitled award of contract to include additional factors to be considered when determining the lowest and best bidder and providing for repealer of ability qualification and effective date. This is the first reading public hearing. It is item R5Y. Commissioner Fernandez.
Move the item.
I have a motion by Commissioner Fernandez. Seconded by Commissioner Suarez. There's a public hearing. I see no one in Zoom and no one in the audience requesting to speak. Commissioner Suarez. Commissioner Magazine.
Yes.
Vice Mayor Dominguez.
Yes.
Commissioner Mattel Salinas.
Yes.
Commissioner Bott.
Yep.
Commissioner Fernandez. Yes. Mayor Miner. Yes. Motion carries. Second reading public hearing is scheduled for June 24th. That was item R5Y.
Commissioner Fernandez, I like the example you used in the memo of the no bid and the Poseidon Ferry one, which I voted no to, so thank you.
Yeah, and that's the whole reason why we're doing this. After reviewing the no bid contract with Poseidon Ferry, the Office of the Inspector General identified gaps in how competitive bid waivers are handled. And so this ordinance now adds new steps before any waiver of competitive bid can be approved. And this is something that the Office of the Inspector General brought to our attention because it brought us how we define the lowest and best bidder. So it's not just about the price tag, it's also about risk, it's about the responsibility and whether the vendor is truly prepared to deliver for the city. And I want to thank the Office of the Inspector General and Joe Santorino who's sitting in the audience for these recommendations that bring transparency to our government.
Yes. Thank you, Joe, our Inspector General. We actually have a couple of animal-related items. We'll do those together. Well, not together, but we'll call each in turn. R5G.
R5G is an ordinance of the Mayor and City Commissioner of the City of Miami Beach, Florida, amending Chapter 46 of Miami Beach City Code entitled Environment by amending Article 5 entitled Turtle Nesting Protection Ordinance by amending Section 46S203 entitled Prohibited Activities Disruptive to Marine Turtles by amending Section 46203C Relating to special events to establish rules for special events between April 1st through April 30th and May 1st through October 31 Including lighting prohibitions time limitations and penalties providing for repealers of ability qualification and effective date This is a first reading public hearing it is item r5g Commissioner Suarez co-sponsored by Commissioner Fernandez.
Yeah, Thank You Commissioner Fernandez Amy, can you tee up the highlights, please?
Sure. Commissioner, I'd be happy to. Good afternoon. Amy Knowles, Chief Resilience Officer. So the item before you is for approval of an amendment to our existing sea turtle ordinance. You may remember we recently amended it a couple years ago, actually, and now this is a further refinement. Turtle season begins April 1st, and it goes through to October 31st, and we have many protections. But one of the things we also have here in Miami Beach are a lot of events. And what this item does is it allows events in April and allows them after 9 p.m. They still have to meet our sea turtle ordinance, which means they have to minimize light and follow all of our rules. But it would not allow events from May 1st through October 31st after 9 p.m. Because of the lighting issues and impact on the turtles, really the nesting season really gets going in May. So really from the science perspective, it is important as well and should really help us with our disorientation rates and better nesting as well.
Okay, thank you. So colleagues, you know, I wanted to bring this forward because I noticed that there were a lot of events in April that very disruptive a lot of lights a lot of machinery on the beach and I think there should be a definite cutoff time in the evening to to prevent Any sort of disruptions to our wildlife and Amy you could also explain that since our ordinance we passed a couple years ago for CTO protections, the disorientation rates have dramatically improved?
Yeah, so we saw an improvement in 2025 by 9%, which means 9% of our nests, our nesting hatchlings, didn't disorient, which is great. We recently got the news from Miami-Dade County, so it was at about 50% in 2024, and it went to 41% in 2025.
Right. So I would like to hear from my colleagues on this. I know there might be some issues with some of the events, but I think we can find a middle ground to work on this.
Commissioner Mateos-Solinas.
I just have a couple questions, and overall I'm supportive of this. So if this passes first reading and then second reading next month, will that affect the... MEMORIAL DAY WEEKEND CONCERT AND THE CONCERT THAT WE'RE HAVING FOR FIFA OR DOES THIS KICK IN LATER?
THIS WOULD COME INTO EFFECT NEXT YEAR.
JANUARY OF 2027. MAY, WOULDN'T IT BE?
RIGHT. MAY 1, 2027.
OKAY.
THANK YOU. IT WOULD STILL ALLOW EVENTS. THEY WOULD JUST HAVE TO STOP WITH THE VISIBLE LIGHTING AFTER 9 P.M.
THANK YOU.
I love this idea.
I'm delighted to hear about the improvement. Does this give the city ability to use the really unsightly floodlights in case of a public safety issue? I can't, I don't know, like if God forbid a crime scene needed to be established. This is for special events. No, I understand it's for special events, but like is there any sort of, does this give the city the ability to do what it needs to do in case there's a public safety issue?
So our ordinance already has that. Public safety is important and is a consideration. So yes, if there's a situation where flood lights are warranted and there's something horrible happening, of course. Should it be sustained at all times during turtle season at night? No, we'd rather that sea turtle lights are used.
I mean, then we have a bigger issue. We've got four months of flood lights. That's a bigger issue. And a question I've never asked in all of the turtle stuff. I know they get disoriented by light, but does noise and the vibration from noise affect anything with the nests also?
Well, it's not within the regulatory standards. So we've wondered the same thing, but it's not built into the standards are really focused on lighting and that's coming down from FWC.
But just for my own curiosity, anecdotally have we observed
We haven't observed, or I think we're not quite sure on that one. It's not something that we've studied here.
Okay. Well, just I think there's a lot of noise somewhere. I don't think a turtle's going to nest there. It looks too disruptive.
I know they might like house music. Yeah.
Maybe not to lay their eggs, but to jam out.
It's supposed to be very calming. There's like all this research now. So, Steve, that's right up your alley. House music being super calming and good for everybody?
Thank you. Let's call the vote. Need a motion? I'll move it. Second. Second. I have a motion by Commissioner Suarez, seconded by Commissioner Bott. It is a public hearing. I see no one, hold on for a second. I see no one in Zoom and no one in the audience requesting to speak. Commissioner Bott on R5G.
Yes.
Vice Mayor Dominguez.
Yes.
Commissioner Matel Salinas.
Yes.
Commissioner Magazine. Commissioner Suarez? Yes. Commissioner Fernandez? Yes. Mayor Miner? Yes. The motion is Group 7-0, second reading public hearing scheduled for June 24th.
Mayor, I have two announcements.
R5AE, R5AF, open and continued to June 24th. So R5AE, R5AF, open and continued.
And that's the Lincoln Road West residential use incentives. Yes, sir. Items. Okay. R5I.
I just, A-E-A-F. R-5-A-E. I'm sorry.
What?
No, no, but Commissioner Magazine was about asking me which ones were open and continued. Okay, R5I is an ordinance of the Mayor and City Commissioner of the City of Miami Beach, Florida, amending Chapter 10 of the Code of the City of Miami Beach, Florida, entitled Animals, by amending Section 10-11 thereof, entitled Running at Large Prohibited Exemptions, by providing a grace zone extending from the perimeter of the area designated by the City Manager for the benefit of an owner of an unleashed animal who inadvertently allows his or her animal to stray outside the approved perimeter and providing for repealers of ability, qualification, and an effective date. This is a first reading public hearing. It is Item R5I.
Commissioner Suarez. Thank you, Mr. Mayor. I don't want to take too much time off of this, but the idea is South Point Dog Park, unique to any other dog park in the city, is not gated, and we just passed an ordinance increasing the fines for off-leash and I wanted to just be mindful of the residents in South Point who do bring their dogs and sometimes they do run out occasionally. I don't want them getting fined. So that's the intent of this. If any of my colleagues have any more questions, I'd be more than happy to answer. But other than that, I'd like to move my item. Second.
Call the vote. Motion by Commissioner Soraya, seconded by Commissioner Fernandez. Vice Mayor Dominguez.
Yeah, I just wanted to check on this. We've had people get mauled and attacked. I looked at the memo attached to this, and there is no city recommendation. So the city, it doesn't matter either way, whether we pass it or not? Please don't go.
I don't have we don't have a strong recommendation on this the number one thing is dog owners at all times need to be under control of their animal I understand the intent that the commissioners the sponsors trying to make with this with the fines and that this is our only unfenced dog park So dogs may wander But it is very important that all dog owners keep their their animal under control
Correct. So even if we didn't do anything today, it's still a possibility because it's not a fenced-in dog park. Correct. And it opened that way. It's never had a fence. But the majority, 99% of the time, when dogs do leave that little park, there are no maulings.
It's just them straying out briefly. Right. To my knowledge, we haven't had an unfortunate incident at that specific dog park, to my memory.
Commissioner Mateo Salinas.
I just have a question. John, so that's the only unfenced dog park in the area, and why is it unfenced? Just because it was there when it was created. Could you explain to me the history of that?
Absolutely. The residents came out. This was during my time. It was created, and the residents came out at that time. They felt very strongly about not having a fence at that specific area. They just created an off-leash area during certain times of day. It came directly from the residents of South of Fifth.
We typically would not do that for dog parks, but that was a specific ask and a specific commission resolution at the time based on the residents in the area having what they felt were some extraneous circumstances. Correct. Thank you, sir.
When?
I think it was 2014? I believe 2014, yes.
And do we have a written resolution from SOFNA supporting this ordinance?
No, no I do not.
This was discussed at committee, right? Was this discussed at committee? Maybe a sponsor could help me.
I don't remember speaking about this at committee.
No, I think what we did was we discussed this here and when the possibility of, which was just, I guess, past the first or second reading, I'm not sure, the ordinance to increase the fines of off-leash dogs in the area or in any area. I I mentioned that South of Fifth is a dog park, has a dog park that is not fenced. And so I don't want to be in a situation where residents bring their dog, they go out for five seconds and they get cited $500 because their dog went out to, you know, unknowingly with the owner. So that's where we are today. So on one hand, we're increasing the fines for off-leash dog park, but on the other hand, in South Point, there's a dog park that doesn't have any fences, and you can't control your animals if they're off-leash there, and they run out. So I think a grace period is a good compromise.
Mr. City Clerk, I think it was last minute, but didn't the Animal Welfare Committee send an LTC against this item?
The data, we published it earlier this morning at 8 a.m.
Okay.
Again, I mean, I don't see what the big deal is. I mean, it's an unfenced dog park. We just increased the fines for off-leash dogs. Anywhere on the beach, but you have a situation where dogs are probably gonna run out my dogs Sometimes run out of the park when they go there. I don't think the owner should be fine for that and there's been No issues at the South Point dog park Because in the event that there is a code officer or park ranger that sees your dog running out and they now have direction from the city that we're paying attention to off-leash dogs, and they get fined.
What was the answer to the question about whether SOFNA has a fine on this?
And I'll just tell you, the reason why I feel comfortable with it is because this is a unique dog park. Unlike most dog parks, this dog park is not fenced, it's not enclosed. Most of the other dog parks in our city, do they have an enclosure around the perimeter, John?
Yes, sir, and you just made me think of recent legislation that passed and was passed to create another dog park area or off-leash area closer to Smith-Lowensky specifically for the smaller dogs, and that also would be in South Point Park and would be unfenced. But that's the only site in the city that we don't have.
The only site. That is very unique because when you are dealing with the other areas of the city, YOU'RE MAKING SURE THAT THE DOGS ARE IN A MUCH MORE CONTROLLED ENVIRONMENT. HERE, YOU'VE CREATED THIS, YOU KNOW, OPEN ENVIRONMENT, WHICH IS NICE TO HAVE AN OPEN ENVIRONMENT. NOT ALL DOG PARKS HAVE TO BE FENCED IN, SO THAT IS THE CHARACTER OF SOUTH POINT PARK. IT'S VERY EASY FOR A DOG TO GO BEYOND THE PERIMETERS OF THE DOG PARK BECAUSE YOU AND I AND ALL OF US KNOW WHAT ARE THE PERIMETERS OF A DOG PARK, Dog owner, might not. And now they're in violation of the leash ordinance with the moment that the dog goes and chases a squirrel, go and chases a ball beyond the perimeter of that area. So, you know, I just... I just want us to be mindful of that because then, you know, if we do feel that there should be a leash, then maybe what we need to be looking at is, well, should we be enclosing the area? And I know in the past, you know, probably like 10 years ago or more, that was the source of great debate on this dais.
Well, if this park has been like that since 2014 without incident or have people been getting fined and that's what brought this ordinance, I just feel that this is opening a can of worms. Because how do you determine, oh, I just left the park five seconds ago. How do you measure that? And SOFNA hasn't weighed in, and the animal welfare said, no, it's just a hard one. It's 2014, it's been operating like this. Why are we doing this?
So just to bring us back to bring some clarification, the reason why this brought up was there was an ordinance passed just today that increased the fines for off-leash dogs anywhere in the city. And I agree with that. But if you have a situation and a park where it's unique, where dogs can run out like chasing a squirrel or a ball or a Frisbee, they shouldn't be fine for that considering that the city has a park designed to be open space. So, you know, I, Again, I wasn't aware of any animal welfare committee resolution passed. Certainly would have been more than happy to discuss that. But this is more common sense. I don't necessarily need a committee to tell me what is good governance and what isn't. This just makes sense for a particular dog park in a particular setting. So I think you're going to have a lot of unhappy residents who bring their dogs there every day, and we're going to have code officers or park rangers start issuing tickets because they run out to catch a bull.
Mr. Mayor.
Laura, that's you.
That's okay.
Commissioner Bott. So, colleagues, I don't know this gentleman. Maybe some of you do. We just got an email from a resident at 128 talking about this notion about a grace zone. I don't want to read it out loud, but what he's saying is that the, I'm sorry, I'm trying to find it. It's already been expanded from nothing into the current dog park. Owners are allowed to have their dogs there on leash. It allows people who are scared of dogs, people who want to keep their children at safe distance, et cetera, to stay away from the dogs. The park rangers already use their judgment and give a warning to any supposedly first-time offender rather than a citation. So if somebody's dog happens to stray momentarily from the dog park, they will not receive a citation unless there has been previously a problem. And then if there's been a previous problem, the owner should not let it happen again. That goes back to your point, Commissioner Suarez, about the owners are supposed to be responsible. So I think my concern even before reading this is I'm not sure how police and park rangers would enforce this. I mean, from which point do you measure it? Where exactly? It's not a perimeter that is visible, so you have to use your best judgment. I think if it's been working fine, then we should continue to let it work the way it is. I don't think anyone is all of a sudden going to be descending on the dog park and issuing tickets. That's not how it's worked before. I don't imagine that's how it's going to start working now. And I think it's creating a law that is unenforceable. And I encourage my colleagues to read this email for yourselves. I can't vouch for this person specifically because I don't know him. But he's got some very clear points. And so I am not going to be supportive of this.
Commissioner, with all due respect, just because we get one email, let me finish. If you get one email from 15 minutes ago, and that changes your opinion on everything. That is common sense. I don't know what to tell you.
However, excuse me, with all due respect, it does not change my opinion on everything. It did not change my opinion on this. I was not going to support it. I do not think it's enforceable. I'm just giving you guys all the opportunity to read this.
And just so we're clear, what is enforceable right now is that the moment your dog steps out of that dog park, you're going to be fined something extra that we just passed today. I don't think that's fair for that particular dog park. And that is something that is clear. It's not, and I would rather not leave that discretion to a code officer or a park ranger to decide that. I just, I'm sorry, I don't want to have that discretion passed to a patrol officer. I'd rather have there be a grace period for this particular dog. dog park that has had zero issues now who's to say that there's going to be a code officer or a park ranger that has a beef with one of the residents which i know happens because they tell me about it and they write him a ticket because that's the letter of the law so i mean again we're on one hand we're making it very onerous on dog owners and on the other hand you have a situation where it's It's uncontrollable. Dogs don't really know borders. They don't know that they can't leave. And in a chance that they do, I think there should be a grace period for that.
MS. Through the Mayor, Chief Jones, sorry to call you up, but do you mind joining us? Can you address please how the park rangers enforce what currently exists? It's not something that I am down there doing every day because my dogs are up in North Beach and I keep them on the leash. But my understanding is that there is not like a gotcha game of if the dog strays out that somebody's waiting there to write them a citation.
Yeah, a good afternoon, Wayne Jones, police chief. I'll ask my colleague, General Reba, to address the way park rangers may deal with a situation like that. I can tell you as far as the police department is concerned, it's really not high on the priority list in the full scheme of things on a daily basis when patrol officers are patrolling the area that we're discussing. I'm sorry?
Likewise.
Say it one more time.
Likewise.
Yeah.
Apologies, I forgot, John, that park rangers are officially under your purview. Anyhow, so between the two of you, this is not a thing that's like all of a sudden there's going to be a gauntlet of officials who can write citations. It's going to be, hey, make sure you keep your dogs in the confines unless there's a repeated problem the way it's been existing for the last X number of years. Wow.
correct to the the the main role of the park rangers to be an ambassador first you know they are not mandated to go out there and to issue citations um however they get to know they know their patrons they they know repeat offenders and that's when it will trigger first it is an education please you know the boundaries here keep your animal within the area thank you And then it's, okay, we warned you last week. When it gets to another one, then they'll issue a citation. But the knee-jerk reaction is not to cite a first-time offender. That's the practice of the park rangers.
Again, and to that point, I just don't want to leave that to the discretion of an officer, a code officer or a park ranger. I think it should be written in our code.
I second the item.
Hmm?
I second the item.
Steve. Commissioner Mayer.
It is a public hearing. I see no one on Zoom. Is there anyone in the audience wishing to speak? There's none. Call the vote. I have a motion by Commissioner Suarez, seconded by Commissioner Fernandez on R5I. Commissioner Mateo Salinas.
Yes.
Commissioner Fernandez. Yes. Commissioner Bott.
No.
Vice Mayor Dominguez.
No.
Commissioner Magazine? Yes. Commissioner Suarez? Yes. Mayor Miner?
Yes.
Motion carries. Second reading public hearing scheduled for June 24th. That was item R5I.
We'll reach out to SOFNA as well to get their input. It's called R7D. R7D.
Approve MOU with North Bay Village Culture Crawl Trolley Program, R7D.
Commissioner Suarez, co-sponsor Commissioner Bott, Commissioner Fernandez.
Commissioner, I think this was pulled off of consent at the last meeting, and this is why it's a discussion now. I'm not totally sure. Was it? Okay.
I know... I know everybody's been working on trying to figure out the details and the pricing. And I thought that we were still in discussions with the mayor and Jose to get to the pricing.
So Jose, take it away, please.
Sure. Thank you, Mr. Mayor, Commissioners, Jose Gonzalez, Transportation Mobility Director. So what this item does is it formalizes the relationship, the arrangement between the city and North Bay Village, wherein we've been, well, actually at North Bay Village's cost, We've been using our operator to provide trolley service during culture crawl events, and as part of that service, our trolley serves. It extends over into North Bay Village. It has a few stops there, picks up drops off people, brings them over to North Beach along 71st Street, a couple different areas, including North the Fountain District, as well as the Banshell area. And it's been popular. North Bay Village has really enjoyed this partnership. I'll reiterate, it's been at their cost, and it will continue to be at their cost. So far, we have their commitment until the end of this cultural crawl season, which I believe is July. of this year and so what this agreement does is it formalizes the relationship and establishes a mechanism whereby North Bay Village can reimburse us because up until now we've been fronting the funds for this service. It's once a month.
Go for it. Commissioner Bond. I talked to Mayor Streitfeld three weeks ago about this. Loves the program. Everybody in North Beach loves it. It would be awesome to expand it down the road when we're ready. But my recollection was that there had been a concern about the pricing and that North Bay Village and Miami Beach were working on trying to figure out what the right pricing should be. It was a little bit expensive for them, perhaps. Can you talk about where we are on that?
So I believe you're referring to a permanent service, a potential future permanent service connecting our trolleys to North Bay Village. In terms of this item and the service during Culture Crawl, they are 100% on board.
So that's a whole separate item that we can work on separately? Yes. Okay, got it. Thank you.
Move the item. Second. Call the vote. So I have a motion by Commissioner Bott, seconded by Commissioner Fernandez on R7D. All in favor, please say aye. Aye. Anyone opposed? Hearing none, R7D is approved 7-0.
R7E.
R7E is discount on residential parking permit registration fee.
Commissioner Mateo Salinas.
So this item was on consent and I actually pulled it myself because there was a bit of a misrepresentation. The idea is to give a military discount and assist senior discount for folks on their with their registration fees. And unfortunately the senior discount didn't mention that it was supposed to be for low income seniors not just any senior. So I'd like to offer that amendment and then move my item. So this will just be for low income seniors. and military to get a small, very modest 10% discount. Second. Thank you.
Call the vote. Motion by Commissioner Mateo Salinas, seconded by Commissioner Fernandez as amended.
Let me just ask one question if this is part of that actually. Is this a referral to committee or is this the policy we're adopting now?
This is the policy we're adopting now.
Let me ask you something. We're talking about seniors and we're talking about our service members. And there's nothing more significant that we can do than 10%. I mean, it's your item. I don't want to throw a wrench in it. But I'm just wondering, seniors are not always in the best positions. It's up to you.
I'm fine with a bigger discount. In fact, the item might even say 20%. I don't remember the number offhand, but I'm fine with whatever works financially and what I get support with up here. I agree. I'd love to give a bigger discount. So I'd love to hear from others, too, up here.
We're talking about our service members also, and they've done a lot for us.
20%. Anybody want to go higher?
Free? That's what, that's how I was feeling, actually.
Free. Okay, I'd like to amend my item to say that low-income seniors and military professionals get free parking fees.
Yeah, and I'm sitting right next to our budget chair, so just, yeah, I would want to now, I threw that out there as potential to contemplate it, but I'd like to hear, and I don't know if you're prepared to do it now, what kind of fiscal impact that will have.
I mean, this isn't how we legislate, right? 10, do I hear, I mean, that's what Oprah does. Free car for you. Like, if we're going to do it, let's be serious about the policy. We don't just say, let's start at 10%, go to 20. Do I hear free? Yes, free. If we're going to do it, let's specify who it is, what it's going to cost the city, and and make a sound judgment. This is silly.
No, it's not, because that's actually what we're saying.
It is. We were just about to pass it. We go, okay, free? Sure. We don't know what fiscal impact 10% is or 20%. Or free? We're discussing it.
But the issue is we don't have any analysis. And so, you know, I'm all for... I think we need to, because there are other things on this agenda that talk about waiving fees. And on principle, there's a case to be made for reduced or waived fees. But let's make them means tested instead of just generalizing categories which are not very precise. I mean, why is somebody who might be 67 years old but living in a $20 million home getting discounted parking. So I don't disagree with the goal. And perhaps military veterans are a whole different category. I don't know. Let's look at what best practices are. And let's come back to the commission with their proposal of means tested, what the impact is. In cities around the world, around the country, this is how they treat military veterans who deserve all the respect and all the benefits that they can accrue for having put their lives in harm's way for the greater good of our country. Nobody's arguing that, but let's figure out what the best way to do it is before we just wholesale just make decisions on the fly. At the same time, that we're going through this budget process where we are trying to keep taxes steady, do billions of dollars of infrastructure work that is currently unfunded and wildly necessary. And sure, it's not a lot of money on this, but then it's not a lot of money on that. And then all of a sudden, it starts adding up. So again, I support the goal. I just suggest that maybe we open and continue this till next month, let you guys have a chance to come back to us with a plan and make it happen in a measured way.
Yeah, if I can bring it home. It's your item, Commissioner Mateo Salinas. I think there's been some good suggestions here, but clearly it's gonna take a lot of more input from city staff and the financial impact. So I don't wanna hijack your item, Commissioner Mateo Salinas, it's up to you. I mean, I think you have the votes to get this passed today at 10%, and maybe future considerations for something more. That's your call.
Or even 20, I'm sorry, I didn't mean to take it from you, but let's just like quantify what it is. Is there even like a back of the envelope estimate?
Will McDonald, Director of Parking City, Miami Beach. Right now, we don't have any data on anybody self-identifying as a military veteran, as an active duty service member, or on the ages of anybody that holds residential permits. It's not something that we collect or ask.
So I imagine it's got to be... What is our comprehensive permit registration fee? I don't have that number. I apologize.
You're talking the millions of dollars? So, for example, our annual registration in Zone 2 is $56 a year. We have Altos Del Mar, which I want to say off the top of my head is just over $200 a year. I get that. But it runs...
But I'm saying like our aggregate fees that we collect on permit registration, are we talking hundreds of thousands, millions?
$10,000, $16,000, $50,000. I'd say it's less than a million, or right around that area. It's less than a million.
I'm fine wherever you want to take this, Commissioner Salinas. I just think we come with something more tangible. Not we come with something more tangible. You have this, but when we decide on something, let's just have a rhyme or a reason to it. I get that maybe the Mayor said it as a joke. I wasn't referring to you as free, but if we were about to vote on that, it's just, let's have something tangible, right? Like, okay, let's make our argument for 10%, let's make our argument for 20%, let's make it for free if that's what it's going to be, and at least have some sort of idea whether that's, and we don't need to refer to the Finance Committee to hash this out, even if it is returning maybe next month. Is this first reading? Okay, so this would be approved just to see the quantification.
But we don't have that quantification, right, because we don't collect those details. So there's really no way, even if we bump this a month.
That is a correct assumption, Commissioner. Unfortunately, we don't ask anybody the questions that would be required. So it would be a guesstimate is a word I like to use.
How will we implement it then?
So essentially in the implementation, we would just add it as another question with our application. So for example, if you are a military veteran, please, or you're on active duty, please provide your CAT card or your CAC card, sorry, or your DD-214. And then if we use low income, we could talk on respectable ways to best serve that population. I don't want to spit ball off the top of my head right now. We can figure out a way.
And I'll just leave with one thing. Wherever we land up, let's just have the seriousness around it and rhyme or reason. We can do that today if we're not going to get further data. I'm fine on voting for something today. Let's just maybe collectively have seriousness around what that number is. Commissioner Bott.
So perhaps it might be useful to reach out to the VFW post to see they might have a sense of how many veterans live in the city. And then also another idea for you.
One of the other things that we can do is we have the email addresses for everyone that has a residential permit. We can send out a Microsoft Forms anonymous poll.
I don't want to do all of this. If we had the data, we had the data. We don't need to try and solve the Black-Scholes model to try and get what the back of the envelope is. If you say our aggregate data is less than a million dollars as a whole, and this is just a small subset of that,
If I may, through the chair, we do have some restrictions in our parking bond covenants that I would want to look at before you did a free parking program. This may be de minimis, so it may not matter, but I am not prepared to give you that recommendation today.
I don't think we're really doing free.
I don't think that's seriously on the table. I guess we're trying to come to a, well, I'll turn to Commissioner Mateo Salinas. It's your item. So why don't you give us direction what you want to see go forward today and see if you still have the support, which I think you do.
Thank you, Mr. Mayor and my colleagues. Robust discussion that I didn't expect to, you know, but that's okay because I know we're all just trying to help people up here. And I just want to pass today the 10% discount for seniors over age 65 that are low income. Maybe we do an AMI. of less than 80%, I don't know, and then military members, current and active duty. So I'd just like to, I'd rather get this done than kick it down the road and then have it go through a bunch of iterations and then it will eventually maybe even come back the same way. So let's just do it today. So I move my item.
And if I could, Commissioner Mateusz, I'm fine to get anything done, whatever it is that you want to land on. And I apologize if I hastily hopped in, but we just went in five seconds from 10 to 20 to free. So wherever we want to land on it, as long as there's some thought put behind it, I just saw that train kind of like going down the tracks. That's why you're the budget chair, absolutely. No, but I don't need this to go through different iterations. It was just kind of taking a second to pause. I think we're actually going to start to paying people to register. That's where we're going. But kidding aside, support whatever you want to do. Wherever you want to take this, we don't need to prolong it. That was a helpful discussion that we got from Will about the aggregation and collection of some of the data. So wherever you want to go to this, don't constrain yourself to what was originally proposed. If you thought a different number works, you have my support.
Thank you. I'm fine with 10%. I wrote it as 10% just to help a little bit. And this actually was a request from a senior that approached me. And so I felt 10% was small but fair. And again, I'd like to move my item.
Second.
Call the vote.
Motion by Commissioner Mateo Salinas as amended seconded by Commissioner Fernandez to include low-income seniors and military personnel All in favor, please say aye. Aye. Anyone opposed? Hearing none, R7E is approved 7-0.
Good job, Commissioner. There's actually one more welfare item that was not called R5J.
R5J is an ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Chapter 10 of the Miami Beach City Code, entitled Animals, by amending Section 10-1, entitled Definitions to Further Define Certain Terms Therein, by amending Section 10-3, entitled Enforcement Adoption of Portion of Miami-Dade County Code, by reference, to clarify enforcement requirements, by amending Section 10-5, entitled Failure to Give Accurate Identification, Refusal to Sign and Accept Notice of Violation, to clarify violation requirements. By amending section 10-19 entitled cruelty to animals to further define terms therein. By amending section 10-2 entitled confinement of animals without sufficient food, water, or exercise. Abandonment of animals to further define terms therein. And by creating section 10-22 entitled reporting of suspected animal cruelty. To encourage early reporting and providing for repeaters of ability codification and effective date. This is a first reading public hearing. It is item R5J.
Commissioner Suarez. Thank you, Mr. Mayor. I just want to highlight some of the key provisions for updating this ordinance that is I think severely lacking some modernization. Allows officers to rescue animals from hot cars under exigent circumstances. Allows officers to take temporary emergency protective custody of animals. Creates a reporting section to encourage reporting of suspected animal abuse. It enhances animal neglect and cruelty standards by giving specific enforceable examples. It adds in failure to act when an owner fails to seek necessary veterinary care, allows park rangers and code officers to enforce, in addition to police officers, animal neglect and abuse, and both civil fines and criminal charges can run concurrently and civil cases support criminal cases. Section 10-1 amendments, this section revises the definition of an officer to include code complaint officers and park rangers. That means the city will have a greater reach to address animal neglect and animal cruelty because both departments can intervene more quickly. Section 10-3, this section changes shall issue to may issue, giving officers discretion to choose warnings, education, or citations depending on the circumstances. That means officers can use their professional judgment and educate owners to increase compliance and address matters before they escalate to serious neglect or cruelty. It also confirms that any authorized officer may enforce Chapter 10. And if the city wants to chime in on some of the provisions you're more than welcome to just a couple more 10-5 this section clarifies that if a person refuses to sign or accept a notice of violation or subs of subsection then that such person can be arrested so long as a refusal occurs in the presence of law enforcement penalties are amended to align with other portions of the city code and And section 10-20, this section details standards for proper care, including for adequate food, continuous access to potable water, ventilation, sanitation space, and protection from extreme weather. It prohibits leaving animals unattended in dangerous vehicle conditions. It also allows each day of a violation to be counted as a separate offense by expounding on the acts that constitute animal neglect. This section provides clear and forcible standards for officers, visitors, and residents. Officers are also empowered under the section to offer early education and to take emergency proactive actions when an animal is in imminent danger. It reiterates immunity from liability for officers acting in good faith. In section 10-22, this section encourages residents and animal-related businesses to report suspected cruelty or neglect permits, anonymous reporting, and clarifies that it does not create a legal duty to report. This may allow for earlier intervention and allow more cases to be identified before an animal reaches a critical state. It also identifies those who see animals most frequently, veterinarians, groomers, boarding facilities, and trainers to encourage early detection or cruelty and neglect. So like I said in the beginning, this is more of a modernization for our animal cruelty laws. And I'm sure the city has any more questions if my colleagues have questions.
CHAIRMAN BRYANT. Commissioner Abbott.
COMMISSIONER ABBOTT.
I love this. I move it.
CHAIRMAN BRYANT. Second.
CHAIRMAN BRYANT. Wow. Wish every irony could be like this. Let's call a vote. It is a public hearing. I see no one on Zoom. No one in the audience requesting to speak. I have a motion by Commissioner Bott, seconded by Commissioner Suarez. Commissioner Suarez. Yes. Commissioner Magazine.
Yes.
Commissioner Fernandez. Yes. Commissioner Bott.
Yes.
Vice Mayor Dominguez.
Yes.
Commissioner Matilda Salinas.
Yes.
Mayor Miner. Yes. Motion carries. Second reading public hearing is scheduled for June 24th. That was item R5J. R7F. R7F is create an expedited elevator inspection protocol. R7F.
Thank you, Mr. Mayor. As part of a lot of the, especially older buildings, go into inspection, 40-year recertifications and things of that nature, one of the biggest overhangs and challenges is updating and getting certifications for elevators, especially a lot of the older buildings, particularly those buildings that have a single elevator. in some of our senior homes that we visited. I can remember going for an event probably about a year ago, and there was a senior building with one of their elevators. And they're waiting 10 minutes. Crazy, crazy, right? It's a life safety issue. It's a quality of life issue. It's restoring dignity to people's lives. And that's in the most extreme. But even in the medium, it's really for multifamily buildings that just want to get things done expeditiously. And we're seeing that more and more. and seeing those challenges with the elevator inspection. So, John, turn it over to you. I don't think this should be largely controversial, but happy to answer any questions.
Yes, sir. John Norris, Public Works Director. So this item, I believe, came up after a complaint came in from a building in Mid-Beach that had quite a few senior citizens in it. Since then, we have modified our approach. In that case, it was part of the responsibility was on the contractor who wasn't quite ready for the inspection, but, you know, were some communication issues. We resolved that. We do now have a plan to prioritize buildings that have only one elevator and move them ahead in the schedule to get that elevator inspection inspected and get it online. IN ADDITION, OUR ELEVATOR INSPECTORS ARE ENCOURAGED TO COMMUNICATE WITH THE CONTRACTORS TO MAKE SURE THAT THEY KNOW EXACTLY WHAT THEY NEED TO HAVE DONE SO WE ARE NOT COMING BACK FOR MULTIPLE INSPECTIONS. ONE CHALLENGE WE DO HAVE IS THESE INSPECTIONS CAN TAKE AN ENTIRE DAY, DEPENDING ON THE SIZE OF THE BUILDING. SO WE DO NEED TO MAKE SURE WHEN WE GO THERE THAT WE WANT TO PASS THEM ON THE FIRST INSPECTION. WE WANT THEM TO BE READY, SO WE ARE WORKING TO COORDINATE THAT.
Excellent. I appreciate that, and I appreciate all the work you and your team have done. Thank you.
I'd like to co-sponsor this item. This is a great item and I was also Someone reached out to me about a building that had I think 10 11 floors and the elevator was broken and and there were elderly people that were stuck on the upper levels That just didn't have the strength and the wherewithal to climb up and down, you know 10 11 It was a mess. So I love this item Commissioner magazine. Thank you, and I want to co-sponsor this item Commissioner Suarez
You know, the elevator in City Hall, has that expired currently?
I'm not sure. I'm going to defer to Mr. Rebar.
If it tells me you're not asking questions, you don't know the answer.
Yes, sir. It's due to our new inspection.
I think it's a little rich that the city continues to fine residents and buildings. Meanwhile, our own elevators expired and the city building or the staff is not getting reprimanded for this. Meanwhile, we have residents and their condominiums who have expired. tags for whatever reason, and they're getting penalized. Meanwhile, we're not. I don't think we should be giving any sort of penalty to any residents until very least all of our elevators in the city of Miami Beach are up to code.
So if I could, I think that's a slippery slope. And I think it's something that we need to be a little bit careful about because there are different levels of safety concerns. Our elevator inspectors are very careful to take elevators out of service when they are not functioning properly.
Taking out of service and fining. I don't think we should be fining anyone in the city of Miami Beach until we have our own elevators fixed.
That's your legislative purview. Commissioner Bott.
Can I just ask a question for clarification? The elevators in City Hall, are they just due an inspection, or are they not working properly?
They're working properly, but they currently need some sort of repair or modification, which is not life safety related, to get a valid certificate. That is my understanding of the situation. I do have Frank Garcia here who is more closely working on this.
So I mean, do we have a plan in place?
We do.
Good afternoon, Frank Garcia, Facilities Management Division Director. Yes, each unit, you know, may have A LESSER ITEM WHERE IT'S SOMETHING THAT DOESN'T MERIT SHUTTING THE UNIT DOWN, BUT IT'S A COMPLIANCE KIND OF REGULATORY ITEM. I CAN SHARE THAT ONE OF THE CHALLENGES THAT WE COME ACROSS WHEN SCHEDULING THESE INSPECTIONS IS THERE HAS TO BE MULTIPLE PARTIES. OUR PUBLIC WORKS ELEVATOR SECTION, FIRE ALARM VENDOR, elevator maintenance and repair contractor that we use. So sometimes getting all these folks on the same page for the inspection becomes a challenge and that's why I think we've seen a lag as of late on those certificates.
Is that requirement that is complicating factors to get the inspections done the same type of same set of requirements for a private building, a condo building, would also have to have those four or five different parties on site, or is it different?
Yes, ma'am. It should be the same protocol and the same types of machines.
We're the government, and we've got all the people here, and it's hard for us to get done. So I think when we do elevator inspections, is there a bifurcation of... you need to get this fixed, you've got a 30-day cure window or whatever, versus this is a life safety issue? What triggers a fine? For instance, when somebody leaves yard clippings in the condo front yard, they get a notice of violation. They have 30 days to cure before they get fined, right? So is that what happens with an elevator that doesn't have a life safety issue? Or the fine happens immediately?
Yeah, I'm not sure. I'm actually texting our chief elevator inspector to get a little more information on this.
So just I'm going to make an after the fact motion for a resolution because it doesn't seem like staff really knows what's going on either. I don't want any residents in Miami Beach to be fined for their elevators until we have every single elevator in Miami Beach up to code. Second.
We need to lead by example. If we're not able to comply for whatever reason, how are we going to be burdening our own residents who have access to less resources with the fines associated with this? There's ways to still push for compliance without the fine attached to it.
Through the Mayor? Vice Mayor?
Yes.
So I agree with that notion of leading by example. I also, however, have concerns that the fines are used a little bit like a stick when the carrot doesn't work. And what I fear is that property managers or owners of multifamily buildings with elevators may not... I don't want to get into a situation where the property owner or manager is not complying and it's a life safety issue because they know they're not going to be fined. To me, that's a really slippery slope and a tricky needle to thread to throw all the metaphors into one sentence. I don't want, you know, the example somebody gave about the 10-story building with seniors trapped on the upper floors because they couldn't walk up and down. I don't know if that's because the property owner just didn't care, and they're like, you know, no one's going to check on me. Or if, I don't know, but I don't want to sort of open the floodgates to people not doing what's right by the residents in those buildings. So how do we do all the things?
They can still issue a warning. They just aren't imposed a fine.
Is there a way to differentiate between life, safety? Right.
Well, if there's a life safety issue, I'm assuming they turn it off. The elevator is no longer functional. If it's about to fall apart, they're not just issuing a fine or a warning. They're saying you cannot use this elevator. That's something completely different. But I'm not sure that when they... What I'm saying is just if your certification lapses because your board change is over or you just weren't following through and There shouldn't be a fine until we have all of our elevator six because we should be leading by example. I want to just make sure we're clear on the two issues.
But when you issue these violations, do you differentiate between a life safety violation as opposed to a general maintenance violation?
That is correct. You do. And I would like to get some more information on what's going on with the City Hall elevator because it doesn't warrant a shutdown. It also might not warrant a fine at this point. There is a huge challenge, as Frank pointed out, bringing all the parties together, and that was the issue that actually... brought up this conversation, they couldn't get the fire alarm company there with the elevator company with the inspectors. It was all a coordination issue. So I would like to get a little more information as far as what's going on with the city hall elevators. That's likely the issue. At least a couple months. And I really can't speak to that, but if I could get more information, I'd know the details.
Well, to be fair, John, it's really not your responsibility. It's our city manager's responsibility to be answering these questions.
So, absolutely, the buck stops with me. I'm responsible for all of the departments. And the fact that the elevators haven't gotten their inspections and recertifications is unacceptable. We need to make sure that that happens as soon as possible. And I think there should be no reason that that can't happen in the next 30 days. And we'll bring an update back to you next month.
Can I ask another question? When a residential building gets a fine for an elevator issue, it's the property manager? Who pays the fine? It's not the residents.
Yeah, yes It gets passed down to to the residents And that's and that's where like I think what Commissioner Suarez is mentioning It does make sense to because I do think when it's general maintenance and you're not doing your maintenance and there's issues You know when you're not doing your maintenance because of the bureaucracy, the bureaucracy gets in the way or there's, I don't know, inventory issues in the marketplace. Sometimes you hear a lot of these maintenance issues with elevators and there's a lack of supply on a specific piece, on a specific product that everyone is dealing with at the same time. Why would we charge the residents and the condos of our city, those condos and even apartment buildings are gonna pass it down then to the tenants. Why are we gonna charge them a violation? It's different when it's a life safety violation. There maybe we should continue pursuing aggressively because that's a very different thing, a life safety violation. But I think when we're talking about general maintenance, I think we're all on the same page that even if the city can't do it, can't keep up with the regulatory requirements of having the permit up to date, well then how are we going to go out there and start issuing these fines on our residents who are dealing with the same exact circumstances and limits in supplies and industry issues as we are.
Commissioner Mateo Salinas. I just wanted to ask a question. Do we have enough elevator inspectors or do we have openings in that department? How's that looking?
No, that's completely filled.
It's completely filled.
We have two elevator inspectors and one chief elevator inspector. They're all in the field doing elevator inspections, which is likely why I'm not getting a response right now, because often they're in precarious situations doing inspections. Thank you. And through the vice mayor.
Do that through the vice mayor. Also, because I've attended numerous condo HOA board meetings, and a lot of these elevator companies, the service person, there's only like one or two And they really have a monopoly on the industry, unfortunately. And they're very unreliable. And when that happens, it's the residents that end up paying for their unreliableness through their vendors. So if we're experiencing that, and we can't even get our elevator certified, then I don't think we should be requiring that from our residents. And I'm okay with amending it to non-life safety issues, at least for the time being. So Mr. City Manager, if you think you can get it done in 30 days, great. Then that will be 30 days of leading by example. Do you have any problem with that?
We're talking a lot of generalities and I'm not hearing any specific examples.
So I'm struggling to say yes or no in a hypothetical situation So maybe mr. City attorney you can help me craft this I'd like to have a after-the-fact resolution that no Buildings get fined from our elevator department until such time that all of our city elevators are up to code Minus any life safety issues.
So just to understand because I believe that what we have is that our Inspections are not up to date So I think what you're proposing is that a violation because an inspection is not up to date Will not receive a fine until such time as the city's own elevators have their inspections up to date Is that what you're proposing?
Correct? And I believe I have a second on this. Yes. Second. Is it time to call the vote?
We have two items. This is the after the fact reso. So we're going to call this R7F2. So on R7F2, I have a motion by Commissioner Suarez, seconded by Commissioner Fernandez for the after the fact. All in favor, please say aye.
Aye.
Anyone opposed? Hearing none, the item is approved. We still have to deal with R7F, the item that was on the agenda. I don't have a motion or a second for it. I'll move it. I have a motion by Commissioner Suarez, seconded by Commissioner Magazine. This is on the original item, R7F, which we're now calling R7F1. All in favor, please say aye. Aye. Anyone opposed? Hearing none, R7F1 is approved.
Thank you. Let's do some, get the budget items done. I see Jason Green here, R7A and R7B.
R7A, public hearing adopt fourth amendment to the fiscal year 2026 capital budget. R7B, adopt fourth amendment to the fiscal year 2026 operating budget. I'll move the item. I'd like to hear what the second amendment is. I have a motion on both items. R7A and R7B by Commissioner Fernandez. And I heard a second by Commissioner Mateo Salinas. It is a public hearing.
Thank you. Jason Green, City's Chief Financial Officer. The first item is the capital budget amendment. The first item on there is the water main replacement for Dade Boulevard. This is taking some money from the series 2025 water and sewer from one project that has additional funding. This is to get this project across the finish line on its funding for procurement that was just done. That was the first one on the water rain replacement on Dade Boulevard. The second one is the Miami Beach mooring field buoy design. This is to add $78,000 from the waterway markers and signs project. This is due to the fact the project had been canceled and that $78,000 was targeted to be funded through a grant. And since the project wasn't moved forward, the grantee notified us that we would not be reimbursed. So the city would have to identify the funds that were already spent on that. So those are the two for the capital.
A second. It's already been seconded.
So may I call the vote then? Let's call the vote. So on R7A and R7B, I have a motion by Commissioner Fernandez, seconded by Commissioner Mateo Salinas. It is a public hearing. I have one individual on Zoom. Anyone in the audience? Seeing none, Miami Beach is a screen name. Are you here to speak on the budget items? Screen name of Miami Beach. Please unmute yourself. PJ, let's conclude that then. Mayor, there is no one on Zoom or in the audience. All in favor of R7A and B, please say aye. Aye. Anyone opposed? Hearing none, these items are approved. R7A and B. Thank you.
We have the operating?
We did. R7A and B.
Thank you.
Thank you. Let's call R7AC.
Mr. Mayor. Commissioner Fernandez. Yeah. I mentioned it earlier at the beginning of the meeting what was going to happen today at the Freedom Tower. And it happened while we were sitting here in our chambers during our meeting, the very historic nature of the indictment against Raul Castro for the atrocities and the murderous acts that were committed back in 1996. when they shut down the Brothers to the Rescue Planes on their humanitarian mission over international waters. And it happened today that the federal government brought forward these charges. against this murderous regime that has hurt so many in our community, upending their lives. And I wanted to publicly express gratitude to you for the statement you put out in support of our Cuban community and put out there the hope of those who came before us who died with the hopes of seeing a free Cuba and never got to see that and that hopefully it doesn't end here. that they continue moving forward to restore or bring the end, bring the end of tyranny to so many that continue to suffer in this day, this island just 90 miles away from us. And so I just wanted to highlight that because, you know, there's so many of us that are Cuban Americans on this day as Commissioner Dominguez, Commissioner Suarez, and so many in our family of employees and in our community who have seen and whose families have experienced the atrocities of that government. I wanted to highlight the moment because it happened while we were sitting here in these chambers.
Thank you Commissioner Fernandez for mentioning that and for highlighting it this morning and for acknowledging the statement that I put out on social media. It's a great day in many ways. It's so difficult, like you say, it's an island so close to us and to see the Communist regime really just destroy that country and take away the freedoms and democracies that we all deserve. Like you say, we live it every day because we all have friends and neighbors who are either from Cuba or their parents are from Cuba, and to see the pain that they have to consistently go through to live through this regime that has taken away so much of life and of liberty, and hopefully one day soon.
we will see freedom and democracy return to Cuba. And when you say the loss of life, it's the execution, literal execution of dissidents through firing squads. And the way that they have allowed for this form of government and injustice to spread throughout the Americas. They are the greatest threat in the Americas to our country and I'm grateful that this day has come because so many that came to this country died waiting for this day to happen. and the four innocent men who died over international waters trying to spread messages of hope, of freedom, of liberty to those who were trying to escape that tyranny. Those families today are living a peace of justice, but justice won't truly happen until Raul Castro is brought to the United States before a court to face the real justice that the Cuban people deserve.
Amen, thank you. Thank you. Wow, it's tough to go on to the next item after it's deep, but R7AC.
R7AC approved fee waiver, $33,000 for Miami Business Club, R7AC.
Thank you. So this is my item. Thank you. We have Stefan and Natalia from the board of the Miami Business Club over here. They could obviously answer any questions. Hopefully, we're all familiar with them. And just to tee up what they're trying to do and what the importance is. And I believe, Commissioner Magazine, you introduced me originally to the Miami Business Club. So thank you. Thank you for that. One of the things that we are actively working on is bringing in good businesses. There's a lot of capital flowing into Miami Beach and South Florida right now because of what has transpired here in our city and our region, which is not just national but international in scope, what is happening here. It's an incredible moment for all of us living here right now that we are in many ways the epicenter of the world. And everyone, you see some of the largest TITANS IN FINANCE AND TECH ARE MOVING HERE. CERTAINLY BUSINESS HUBS, HEADQUARTERS, OR EVEN FAMILY OFFICES ARE MOVING HERE. AND I MENTION ALL THAT BECAUSE THE MIAMI BUSINESS CLUB IS PART OF THAT MIGRATION, PART OF THAT ECOSYSTEM, AND THEY DO MONTHLY A MIAMI BUSINESS CLUB EVENT AT A LOCAL GENERALLY ALMOST ALWAYS IN MIAMI BEACH AT A LOCAL RESTAURANT OR BAR. ANYWHERE BETWEEN 75, I'VE EVEN SEEN YOU GET OVER 200 PEOPLE, YOUNG PROFESSIONALS WORKING IN THE SOUTH FLORIDA REGION. NOW YOU STARTED ALSO A FRIDAYS EVENT EVERY FRIDAY. SO I KNOW YOU'RE CONTRIBUTING A LOT. I GO TO EVERY ONE OF YOUR EVENTS. I TRY NOT TO MISS ANY OF THEM. I THINK IT'S IMPORTANT THAT THE RESIDENTS, THE PROFESSIONALS COMING SEE THEIR LEADERSHIP PART OF THE PROCESS. AT THE SAME TIME, YOU'RE LOOKING TO BRING AN EVENT. ACTUALLY, I'LL HAVE YOU COME UP AND DESCRIBE WHAT YOU'RE TRYING TO BRING HERE. AND THE REASON WHY I LIKE IT IS BECAUSE YOU'RE TRYING TO BRING SOMETHING TO THE CONVENTION CENTER, WHICH I HAVE BROUGHT ITEMS IN THE PAST. that at times we should activate our convention center more, especially at moments like on a Saturday night when it's dormant. But thank you, Stefan, for being here.
Thank you for having me. I'm Stefan Lingmurf, founder of Miami Business Club. So we do these monthly events. We bring in the local business community. And now we wanted to do an inaugural annual gala. And as we've been working, collaborating with the city, we like to do it here in the convention center. And we found this venue, the Sunset Vista Room, beautiful venue in the convention center. YOU KNOW, WE FIND OUT THAT IT'S PRETTY COSTLY TO DO IT THERE, AND WE DON'T HAVE A BUDGET, SO VOLUNTEER WORK, AND WE DON'T HAVE A MEMBERSHIP FEE OR ANYTHING LIKE THAT, SO WE'RE TRYING TO DO THAT. AND THEN WE'RE GOING TO WORK CHARITY, IT'S THE MIAMI WATER KEEPER, AND WE'RE WORKING WITH, WE'RE GOING TO WORK WITH TWO CHARITIES, SO MIAMI WATER KEEPER WILL BE THE FIRST ONE, AND WE ARE IN CLOSE CONTACT WITH ONE THAT WE'RE PROBABLY GOING TO FIND AN AGREEMENT WITH THAT WE'RE GOING TO WORK WITH, SO THERE WILL BE A LOT OF DONATIONS, SO THE LESS OF A FEE, TICKET FEE WE CAN HAVE, THE MORE WE CAN DONATE TO THESE ORGANIZATIONS OR THESE CHARITIES.
THANK YOU. I'D LIKE TO MOVE THE ITEM. I'M GOING TO TURN IT OVER TO RICK. WE'VE BEEN DISCUSSING WITH THE CITY FOR SEVERAL MONTHS, AND THEN IT SEEMS THAT YESTERDAY A Slight hiccup came up and I think we can find a way around it, but I'll turn it to you Rick.
Sure what we learned yesterday is that the Policy on waivers at the Convention Center requires that the entity seeking the waiver be a 501 C 3 Miami Biz Club is a not-for-profit. It just does not have a 501 C 3 status with the IRS and if the body wishes the body could waive the 501 C 3 requirement and We could look to see later if there was a resolution that would need to be amended for these purposes.
Could we do a suspension of the rules to allow something like this?
Well, what I'm proposing is, in effect, that it would be a waiver of that requirement.
It's not just – I think it's – they're a nonprofit. They don't have the certificate yet.
Can't speak to that.
Oh, yeah.
No, we're not a 501 C 3 but we are nonprofit My understanding is you're under on the Sun biz when you you filed as a Florida entity. You're a nonprofit Yep, but you did not or have not had not applied for the five one C three, which is a which is a federal not-for-profit status, right and I don't know for
If this distinction makes a difference, but it's not if we're giving them money, we're waiving fees for the convention center.
And maybe you can explain some of them. There's still significant fees that you're going to have to pay. This is a $33,000.
Yeah, we're looking for like around $80,000 for the event. So, you know, it will be over $110,000 with this fee, with the rental fee. So we still have a fee, and we're not looking to make any profit from this. Miami Business Club will donate for charities as well if there's profit.
Those dynamics aside, thank you for what you do for the community, truly. It's more than just the business club. It's a cultural institution as well, right? I know one of the reasons I got involved in the city is because as a young working professional, or maybe young at the time when I got involved in the city, I didn't find a natural... cultural home here and You provide that I see it firsthand upwards as the mayor said to 200 250 people each time So while we have arts events or cultural events and things like that you are a version of that for a very very large group of people that It's great to get them actively involved in the community.
I thank you for those efforts Yeah, Thank You Stefan Thank You Natalia your entire board
And so through the chair, if somebody's going to move the item, it should be moved with an amendment to include a waiver.
I'll move it.
Second.
With a waiver.
So I have a motion on R7AC as amended. Commissioner Bott, seconded by Commissioner Fernandez, as amended with a waiver. All in favor, please say aye. Aye. Anyone opposed? Hearing none, R7AC is approved as amended.
Looking forward to a great event. I know you're expecting over 500 people. Miami Waterkeepers, one of our really outstanding organizations, environmentally helping with the environment. And looking forward to hearing about your second not-for-profit that you'll be partnering with.
And I know we just passed the item. May I ask, I actually didn't appreciate that just the convention center fees, you'll be experiencing $80,000 from the convention center. Let me ask, is there a rhyme or reason why we landed on $33,000?
Yes, so the $80,000 quoting is basically food, beverage, audio, video, etc., And so the fee that's waived is the rental fee.
The space, to have the space, yeah. Would you be a friendly amendment to go to $50,000 fee waivers for them?
I stopped short of free. Any issues with that, Eric?
I'LL BE HONEST, I DON'T KNOW WHAT IS F&B AND HOW MUCH OF THAT IS ACTUAL CONSUMABLES, AND SO YOU'RE, AGAIN, HITTING ME COLD WITH WAVING FEES THAT I DON'T KNOW WHAT THEY'RE FOR.
I WOULD JUST SAY FOR THE RENTAL, THE SPACE IS WHAT WE'RE LOOKING FOR, WAVING. THAT WOULD BE GOOD ENOUGH. THAT'S EASY BECAUSE WE GOT A QUOTE THAT WAS 32,000, I BELIEVE.
YOU KNOW, WHAT MAKES SENSE, LET'S PASS WHAT'S TODAY. I THINK THEN WE CAN WORK TOGETHER TO SEE IF THERE'S ABILITIES. THIS HAS ACTUALLY BEEN AN ISSUE THAT I'VE BEEN WORKING ON AND ERIC CAN ATTEST THAT I'VE BEEN WORKING ON FOR QUITE SOME TIME IN GENERAL THAT WE CAN TRY TO BRING IN NOT-FOR-PROFITS OR, BECAUSE OFTEN TIMES WE HAVE ORGANIZATIONS THAT END UP GOING OUTSIDE OF OUR CITY BUT THEY'RE MIAMI BEACH BASED AND IT'S KIND OF FRUSTRATING THAT WHEN YOU GO TO THIS BEAUTIFUL CHARITY EVENT THAT HAS 700, 800 PEOPLE AND we could have had it in our convention center, especially at night or on the weekends like you were talking about when it's not in use. There's nobody using. There's no convention Saturday night.
Okay.
Thanks for your leadership. Thanks, and thanks for bringing that up, and we'll work together to try to see if there's something else we can do. All right.
I'll be there regardless. Thank you.
Just keep inviting me. I'm happy to join. It's called R7. Did we take the vote?
Yes, we did.
R7G.
R7G is a public hearing, new lease agreement with LHANC, new daycare facility, 1245 Midway.
Good morning, Mr. Mayor, Commissioners, Ozzie Dominguez, Division Director of Asset Management for the City of Miami Beach. This is a resolution accepting the March 4th FERC recommendation, approving a new lease between the city and Little Haven Activity Nutrition Center, our daycare at South Shore, for a new 3,500 square feet location that also consists of 1,400 square feet of playground area at 1245 Michigan Avenue for five years with two two-year renewal options.
I'll move the item.
Second.
I have a motion by Commissioner Fernandez, seconded by Commissioner Suarez. It is a public hearing. I see no one on Zoom, no one in the audience requesting to speak. Call the roll. All in favor of R7G, please say aye.
Aye.
Anyone opposed? Hearing none, I'm going to mark the mayor as a yes until I hear otherwise.
Yes. Okay.
R7H. R7H, City Commission Workshop Pilot Program.
Commissioner Magazine, co-sponsored by Commissioner Mateo Salinas.
Thank you, Mr. Mayor. And really, this is about finding ways to make our government more efficient and effective for the people. And I've attended every city commission meeting dating back 10 years. Don't tell my boss at the time. But I've always thought about ways to make our government work better for the people. And a lot of times in the city, I think we do things just because that's the way it's always been done. And I have my frustrations about how processes can work and things like that. But one of the things that I really think that we miss in this process constrains and handcuffs us in some regards is the ability to think comprehensively. What was very difficult for me to get adjusted to is not being able to talk to my colleagues just freely about many issues. I think a lot of people don't understand that, but because of the sunshine laws, I don't get to just brainstorm. I can't say what's good with the city, what's bad. And when we just legislate each month And we all have these legislative items, and it's quite robust. It's when the people's business gets done, laws passed, ordinances, priorities set. I don't feel as if we get to collectively just kind of brainstorm enough and think comprehensively. So we do a lot of micromanaging, but we lose the ability to just sit there and converse and discuss and brainstorm. Where that is best served is at a macro level, right? When we talk about a comprehensive plan for the city. So we'll go through 100 items per month, and while each of them have merit and importance and consequence, if you look at almost every single item that we've heard today, it's on a very micro level, microcosms of small things that are happening in our city. But we don't discuss these comprehensive plans. And as well, our residents, they get two options to sit here and we hear from them. One during Suttnick hour where your time is somewhat limited, and then another in these public discussions. But again, it is in a very formalized manner. Here's your two minutes, let us know what you have to say, and then the discussion turns to us. So a very formalized process. What I am proposing is a pilot program. It would almost be like a monthly sunshine meeting that we have. No set agenda. NO SET AGENDA HERE. WE COULD PUT AGENDA ITEMS ON, BUT IT'S NOT LEGISLATIVE. NOTHING'S GOING TO BE PASSED THERE. AND THIS IS JUST ALL KIND OF LIKE WORK IN PROGRESS. I'M HAPPY FOR OTHER IDEAS. BUT WE ALL GO TO SO MANY DIFFERENT MEETINGS, DIFFERENT NEIGHBORHOODS, DIFFERENT THINGS LIKE THAT. But this would be comprehensive. It would be citywide. Everybody, any neighbors, welcome to attend. I think we should host it, whether it be in City Hall right here or in large community discussion rooms. And we actually go to the community. But really, it would be adding another tool in our toolkit about how to conduct the people's business, how to think comprehensively, how to think outside the box, how to make government more efficient, and for our government to better work for the people. So I'll turn it over to some of my colleagues. But, you know, essentially the thought is a pilot program, one evening, one time per month for a couple of hours, that we get together, it's in the sunshine, and that we can talk just in a more informal manner without specific legislative items. And we talk comprehensively. We think about how to make this city better, how to make it the best place in the world, how to make our government work better for the people that we serve.
Commissioner, I love this idea through the mayor.
Commissioner Fernandez.
I love this idea. I think the best discussions, some of the best discussions that we've had as commissioners have not been on specific legislative action items on an agenda. It's been when we've been able to have a sunshine meeting and discuss and toss around ideas and share our concerns. I think it's great. I think it's great. To your point, we have a lot of items on our agenda that address a lot of the issues, but we don't have many opportunities, if any opportunities whatsoever, to really discuss the vision, the future, what do we want this city to be? And so I fully support this, I fully encourage it. It's funny because I've forgotten that you had this item on the agenda, but recently we had an issue where we wanted to have a discussion at the Public Safety and Neighborhood Quality of Life Committee meeting. about an item that had not been referred, but something important. And we weren't able to put the item on the agenda because it wasn't referred. But it was generally the same idea. We wanted to get an update on something regarding one of our departments and be able to just have conversation, not take action, just be able to talk as colleagues. Because I think from that, when we put our collective experience and perspectives together, we can come about with some great outcomes. Besides the individual piecemeal legislations, we all work on individually. And that's the challenge. We all work individually, but a few moments we have the opportunity to come together to discuss things as one.
Over.
Commissioner Mateos Salinas.
Yeah, I love this idea, which is why I co-sponsored. I do feel like we miss so many good topics about our city when we sit up here because we don't have time, we've run out of time, and this is only once a month. And there are things that come up in between that we need to discuss and we need to move on it quickly and we don't have that opportunity. So I thought this legislation was to do this every other week, twice a month, or was it just once a month?
I think once a month. Yeah, start with once a month, I thought, and perhaps we can discuss about the best form it'll take, and we could start after summer. I know with all the budget seasons and things like that, but perhaps we could target monthly, once per month. It doesn't have to be as long as the commission meeting, so maybe we could do it in the evening, like a 4 or 5 p.m. in the evening. I don't think all of city staff has to be there, right? If we know we're going to be discussing, you know what, how about the cleanliness of our streets, right? It's not a legislative item. We kind of get boxed in when we have to talk about things in just a legislative fashion. So this is more kind of open-ended. I don't want to suck up staff resources. So I don't want staff to feel everybody needs to be there at all times. I want to be efficient in government. So I'm thinking once a month, a couple hours in an evening, And it wouldn't be mandated, right? It's just basically like an open sunshine session. And this is also a more effective way for people to come and talk to us, not just two minutes standing in Sutnick, not have your two minutes and go sit down. I'm thinking collaborative back and forth conversations amongst each other and with probably most importantly with the staff as well. Commissioner?
Wait, I'm sorry, I wasn't done. Because I just, I just, I would like to see this, and again, it will morph as we start this and see what kind of comes out of this, but I would like to see us do, you know, maybe we talk about public transportation, or maybe we talk about You know, we have different topics, affordable housing or whatever, and we just focus on one particular topic. Cleanliness of the city, actually, you know, or FIFA. It would have been nice to have one of these, you know, prior to FIFA to make sure we're all on the same page. But I think this is a lovely idea, and let's see where this goes, and I appreciate you bringing this up, and I think this is very necessary. Thanks.
I promise, Commissioner. Vice Mayor Dominguez and Commissioner Abbott, I have a couple of questions and comments, but I'll wait.
Thank you. I do think this is a good idea. Maybe once a month might be too often because when I think about it, we are meeting for our monthly commission meeting and then we have the commission committee meetings that we've got involved. And whether we tell staff to attend or not, they're going to be there. So doing something that's after hours, it's something cumbersome. And I know that with dear friends that I like, when I make plans and we're like, yeah, let's meet once a month. Once a month becomes too much. And so just want to set the right expectation. But I love the idea, and I think it's important. Look forward to participating.
You don't want to be.
Or what are you saying, my man? Like, we're right here. We can hear you, PJ. Did you get that right here, Laura? I love this idea. You know, when I was president of you and Monica was on and be with me, we talked a lot about how to have these kind of open community meetings and talk about things holistically. I know when we've talked over the last two and a half years as this commission has been impaneled or elected, whatever, sometimes we try to get into holistic discussions and get pulled back because it's broader than the particular item and I think we are the poorer for it. I worry, I would like to limit the staff's obligation to attend because they actually have families and people they'd like to see more than twice a month. So, maybe an idea might be to, as some of the colleagues have said, like pick a topic every month and we focus on that. So, you know, for transportation, maybe a couple of people show up, but not everybody show up.
But I love this I'd love to co-sponsor it with you, and I think it's a great initiative or if we're Thank You commissioner perhaps if we're worried about Staff constraints perhaps one month we could do it during the day and the next month we could center it more towards the evenings Or or we could start with bi-monthly. I'm not very dogmatic about this. I just want to have an opportunity to just discuss more freely a lot of things happening in the city.
And the only other thing I wanted to add is no memos being prepared. Like this is just a conversation on staff prep time.
And I would also say nothing is voted on or passed here because I think that really processes it.
If I could make a couple of suggestions. DID YOU WANT TO SAY SOMETHING, NICK?
NEW SPEAKER I WAS JUST GOING TO MAKE ONE COMMENT ON THE QUESTION OF MEMOS. THE CODE DOES REQUIRE THAT ANY ITEM TO BE DISCUSSED EVEN AT A WORKSHOP BE PRINTED IN THE AGENDA. NOW, DOESN'T MEAN THAT A FULL MEMO HAS TO BE DEVELOPED, BUT THE ITEMS TO BE DISCUSSED AT THAT MEETING WOULD NEED TO BE IN THE AGENDA.
Yeah, right, but nothing of substance. My thoughts on this is one, first of all, the resolution is written. It says every other month. So just thought that would be my preference to start out with and see how it goes. I would also like to put a two-hour cap on it. It's one of the reasons.
Two hours, that's it? I alone can talk for two hours.
Well, the point... By the way, it probably predates everybody here, but when I was a baby commissioner about six years ago, we used to have commission meetings till 11 or 12 o'clock. And then the commission put on legislation that we had to end at seven unless, as you know. Which is incredible as we hear as many if not more items because everyone knows there's a time clock running. So I think we need a clock, whatever that clock is. It's sort of like, think about it in a basketball game. If you didn't have that 24 hour shot clock, teams would hold the ball for several minutes.
I'm sorry, did you just use a basketball analogy, not a baseball analogy?
Baseball has no, well, now they do have a 25th clock, so thank you.
If you soften to three hours, I'll provide pizza for the collective group for the first meeting. Kosher? Get you your own. And it's one of those things, so no vote's going to happen. It's just like a community meeting, right? A WAVNA meeting or something like that. So if one of us has to leave or not even attend, it's nothing that we can't catch up on. No critical vote's going to happen. This is just kind of open-ended discussion type things.
I would also make the recommendation that there be limited staff. For example, in our budget meeting, you literally have our entire directors of... of the departments there, and I understand, but I think for this, we don't want to be utilizing all our department heads. Wholeheartedly agree.
Yeah.
Okay, so we're agreeing to every other month, Two and a half hours?
Three. Let's start with you. You got me on every other month. I conceded every other month. Let's go, you know, 4.30 to 7.30.
Yeah, let's do that.
That's good. Up to three, yeah. Yeah, at least it crystallizes everyone to get their thoughts in. And are you envisioning specific topics? For example, do you want to have a meeting that discusses specifically transportation?
I wouldn't want to ring fence ourself. So one, I just want to start with the urban planning of our city and take it from there, right? See how it goes. What works? What doesn't? Where can these changes be made? And I think those discussions are incredibly critical for our city, but it doesn't fit in these nice boxes for legislation, right? I don't have this. We need this for urban planning, but I do want to open-endedly discuss with our colleagues.
Who's the moderator? Who's the chair?
I would say the mayor.
No, but just somebody like if push comes to shove. I'll bring the gavel. If somebody goes for the last slice of pizza.
I would say this. Some of our best discussions have been in the sunshine setting. In the setting of a sunshine meeting, in the conference room when we're able to sit around the table, when we're able to look at each other, when we're able to have, You know that discussions how actually it's how the Commission committees used to be And and I think that that has been some of our best most robust DISCUSSIONS. THERE'S A LOT OF TIMES, YOU KNOW, AND THEY'RE OPEN TO THE PUBLIC AND MINUTES ARE TAKEN AND IT'S ALL RECORDED. BUT THERE'S A LOT OF TIMES YOU SEE THAT THE DIALOGUE CHANGES WHEN YOU'RE SITTING IN CHAMBERS, WHEN YOU'RE SEPARATED FROM THE PUBLIC, YOU'RE SITTING UP HERE, THE PUBLIC IS DOWN THERE, AND And a lot of times people change their tone and their conversation because they're on camera and they're being recorded on camera. I would suggest that we consider that.
The manager's conference room would be great. Large conference room. Plus, if you're sitting around a table, you're close enough to smack each other on the arm.
But I think also for the public. When the public and residents that have been here for a long time, I've heard from them that they felt that sometimes meetings were more approachable, were more welcoming when everyone was at the same level. the way that the committee meetings used to be. And I think Ralph, Ralph you were here when back then at the, the commissioners were sitting around the table and you also had the residents around the room and everyone was at the same level. There was not a hierarchy and a separation of the people. And I think that that really fosters really welcoming and engaging discussion.
So I move the item.
You guys have to have a recommendation, Commissioner?
I'm not dogmatic about this.
Yeah, of course. Okay, every other month, we'll start at?
4.30 to 7.30, managers, large conference room.
Limited staff?
Limited staff, no memos, other than we're having a meeting to talk about topic X.
Not kosher pizza, but not pepperoni.
Commissioner, I also had heard something about starting in the summer. We'll start in September. September, okay, starting in September.
So this is going to be as amended because we need to amend the result that's there.
So I have a motion by Commissioner Bott, seconded by Commissioner Suarez, R7H as amended. All in favor, please say aye. Aye. One opposed. Hearing none, the item is approved as amended, 7-0 R7H.
While we're on the topic, we'll call R5P.
R5P is an Orders of the Mayor, City Commissioner of the City of Miami Beach, Florida, amending Chapter 2 of the Code of the City of Miami Beach, entitled Administration, by amending Article 2, entitled City Commission, by amending Section 2-14, entitled Meeting Procedures and Agendas to Modify the Limits on the Number of Referrals, Discussion Items, Resolutions, and Ordinances for City Commission Meeting Agenda, and Providing for Repealer, Calification, and Servability at an Effective Date. R5P is a First Reading Public Hearing.
Commissioner Mateo Salinas.
Thank you, Mr. Mayor. So at the risk of making seven enemies up here, I do believe that less is more. And I'm attempting to limit how many items we all put on the agenda because the more we have on here, the less we get done. Again, the more we have on here, the less we get done. And we see that month after month after month after month after month after year after year. And so I just want to emphasize quality over quantity. And listen, they're all very much needed items. I know a lot of them come from our residents. But I just want, you know, we've been legislating like this since the 80s, 70s, and I just want to look at maybe our internal practices and policies to see how we can do things more efficiently and get more done. I know we want results. We all want results. And let's, you know, look at ourselves and the way we legislate and what we put on here and, you know, if we can maybe skip an item, withdraw an item here or there. And listen, if I don't get support and this fails, I'm not going to be mad at anybody. I'm not going to not vote on your item or anything. So respectfully, I'm just trying to figure out a way that we can get more done. And I think that that's maybe we can achieve that if we just stop overwhelming ourselves and staff with all of our items. Mr. Mayor. Thank you.
Commissioner Suarez and Commissioner Bott.
Thank you, Mr. Mayor. Commissioner Matias-Landis, this is a much-needed item. I think it's a great idea. I think you hit it on the head. Less is more. I think that really puts the onus on us to prioritize what's best. I think we will get a lot more done this way, believe it or not. There's not going to be such an overwhelming... this much of items over a meeting, I think if we can cut it down to this, we can probably get everything done every meeting. So I'm fully in support. I think this is good, effective government, which is what we expanded on the last meeting, sorry, the last item. And I fully support you.
I love this item. I actually had an item that I just withdrew, I don't know, two months ago or something, that Commission Magazine was a co-sponsor on with me about doing exactly this. I gave up on it. Sorry, Mayor, because it never got called. But I think it just got lost in the shuffle. But I'm fully, fully supportive of this. We all work in a different way, and we all bring our strengths to bear. My way of working is generally to try and get people in a room together administratively to try and get things done, and only once it has gotten to the point where we need commission legislative policy approval, then I bring it to commission generally. That's how I like to operate, and I think that's probably better for everybody for all the reasons stated. And so I'm fully supportive of this, and I wish we'd done this a couple years ago, but better late than never. So go, Monica.
Mr. Mayor? Commissioner Fernandez. Thank you, Mr. Mayor. I think it's great. I've always supported policies that set standards and that kind of, you know, adapt the practices of the Commission to the needs of the time, and I think this is prudent for the moment. I do see that the policy would be able to be waived by a 5-7 vote. That's correct. All right. What's your thinking? I mean, if we're going to pass the policy, if we're giving ourselves an out from the policy, you know, we're going to, it's, you know, I just would say if we're doing the policy and this is where we're going, okay, let's commit ourselves to it. Let's not give ourselves away around the policy. We really are committed to this. Let's commit ourselves to it so that then we can really work to make our agenda more efficient. Otherwise, you know, it's easy to get that five-seventh vote because we're going to be courteous of each other. It's a professional courtesy to each other. We understand at times, you know, someone may have four referrals, but they might need to put six referrals to a committee. And we're not gonna get in each other's way. And so we, in essence, are baking in there what's gonna make this policy ineffective by putting a 5-7 vote. And so I would just suggest let's remove that 5-7 and try to implement your policy of no more than four referrals to commission committee on a regular agenda.
I'm fine with that.
Second. Commissioner Magazine.
Thank you for this, Commissioner Mateo Salinas. I wholeheartedly agree with you. I'm very much supportive. And it's not just about us doing less is more, but it's also a lot of, if not all of the legislation that we do is for staff. Right, so we have the ideas, they're the ones carrying out the execution. So I think we've gotten to a point where less is more, not only for us where we can actually concentrate on better things, but for the ability for our staff to be able to execute. One of my favorite quotes, I'm just paraphrasing it now, because I have a transcript in front of me, it was Jeff Bezos, one of his mentors at Amazon, came and said, Jeff, you have enough great ideas to destroy Amazon. And he laughed. He said, what do you mean? He goes, you have to release your great ideas at the right rate. And I think that's something that we have to come up with, because we have this monthly deadline of, OK, here's our agenda. Let's get these items on. And we're not giving adequate time for these ideas to turn into execution. And that's how you get that operational efficiency. So we have enough great ideas, maybe not to destroy Miami Beach, but to not allow these ideas to actually get executed to improve our city to the degree I think that it can. So I think limiting some of that not only helps us, but it's going to help our staff operate and execute more efficiently as well.
I like that. I like that quote. You've now quoted Jeff Bezos twice today. Do you want it one more time? No, I think you hit your quota.
No, I already have it lined up for the 5 p.m. rate discussion, so give me a little leeway. All right.
Commissioner Dominguez. Vice Mayor Dominguez.
Thank you. So I like this item as well, but I'm hesitant about taking away being able to vote five-sevenths because it's not like... this item trims it, it cuts it in half, and that's pretty significant. And we're a city that has many things, many moving parts. It's fast-paced. Things could come up that are important, and then now you have to wait until the following month. So I think we should keep the 5-7th or increase it by a little bit because it is a severe cut. It's a big slash.
Can it be like currency? Can I sell some of my items to Alex?
I mean, if I could just respond to that. I think number one, it's gonna force us to be more selective about the items that we place on the agenda. And I think also number two, if we also stick to the rules that we already have in place, the resolutions that we've already adopted as to the amount of time that we all get to speak and that type of stuff, we would be able to get through all of our items. And we've already passed safeguards on that. And so I would just say if we really are putting out there that we're going to be limiting ourselves to no more than four resolutions per agenda, no more than two ordinances per agenda, and no more than four referrals per agenda. then I think we have to commit ourselves to that. Does that mean, so if something goes to the planning board, let's say, you introduced a referral of legislation that goes to the planning board, and now that comes back, Is that new business that counts against your two ordinances? No, no, that would not be. So this is new. Placing an item on the agenda. So this is new policy that's coming forward. How about resolutions? Because I see there's a distinction in the legislation that says it's a limit on the number of new ordinances per meeting. But then when you look at discussion items and resolutions, you have a limit of four. But it doesn't distinguish between new or items that weren't reached or resolutions that are coming out from committee as recommendations. And so as written right now, how do you interpret that?
Sure. So the languages no more than four may be placed on an agenda. So if an item is coming back from committee, you are not placing it on the agenda. It's coming back with a recommendation from the committee.
So maybe it should be clarified that no more... We can work on the language to clarify that. ...than four new discussion items and new resolutions. We can do that. So that so that so that that's clear and previously I had mentioned that that the That the resolution under section d6 Mentioned a waiver by a 5 7th vote. I would just extend it to the removing it from from the discussions and resolutions and ordinances so that we really then abide by the intent of what we're trying to reform here to our agenda practices. If that's fine with the sponsor.
Well, I hear that I'd like to hear from everyone else because it sounds like, Commissioner Fernandez, you're okay with removing the five-sevenths of a vote, but then Commissioner Dominguez, you're not. And I'm okay either way. I had written this so that there would be five-sevenths of a vote waiver because if there is some type of emergency item or emergency that we need to hear, then it could be waived. But I see both of your perspectives, so I'm curious to hear what other colleagues say on that.
To the Mayor. Commissioner Bott. tend to agree with keeping the five-sevenths in case of an emergency item, but it shouldn't be for a regular business item. Like, oh, this just came up late. If it's something that's timely and, you know, that everyone agrees is something of import that we should discuss, then I think we should have an option to hear it.
And so are we keeping it or are we removing it?
What are you accepting? Sounds like we have the support to keep the 5-7 vote.
For right... Excuse me, Mr. Mayor. Please. I'd like to keep it, and I will say this is first reading. So when it comes back for second reading, we can, A... think about this, see how we feel about the five sevenths and discuss it again then for second reading. But also it will be our first, let's try to have a test run to see if we feel comfortable with these, if it's too slashed in terms of the items or we want to adjust it a little bit. I guess some of this is what we can think about when it comes back for second reading. if we decide to practice this already, just to see how it feels to get a little test run, I guess you could say. But I think right now we should keep in the five-sevenths of a vote until second reading.
Call the vote. So motion by Commissioner Mateo Salinas, seconded by Commissioner Suarez, as is. It is a public hearing. I see no one in Zoom, no one in the audience requesting to speak. Commissioner Suarez. Commissioner Fernandez. Yes. I'll get them. Commissioner Shars? Yeah. Commissioner Bott? Yes. Commissioner Magazine? Yes. Commissioner Mateo Salinas? Yes. Vice Mayor Dominguez?
Yes.
Mayor Miner? Yes. Motion carries. Second reading public hearing scheduled for June 24th. That was item R5P. R5V. R5V is an ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Chapter 82 of the Code of the City of Miami Beach, Florida, entitled Public Property by amending Article 3, entitled Use of Public Property by amending Division 1, entitled Generally by amending Section 82.72 thereof, entitled Commercial Vessel Activity Hours of Operation at Publicly Owned Marinas by amending and refining eligibility criteria for commercial vessels. activity at public marinas and public marine facilities and providing for repeal or solvability, qualification and effective date. This is a first reading public hearing. It is item R5V. Commissioner Domingo, Vice Mayor Dominguez.
thank you so currently yacht operators have a BTR and then a number of boats under that one BTR what this item does if there is a violation that is not public safety or quality of life related the city manager has the ability to allow them to continue operating the way the ordinance is written as is currently any violation from any of the one boat would prevent them from operating. So this just gives them, makes it a little fairer because with 15 boats, 20 boats under a BTR, everyone's trying to make sure that compliance is done, but provided that there's a one-off that's not public safety or quality of life related, they'll still be able to operate. And with that, I'll move the item.
Second.
It is a public hearing. I see no one in Zoom, and I see no one in the audience.
If there's no discussion, may I call the roll?
I just got a couple questions.
Go ahead. Commissioner Suarez. Can we just clarify exactly what this does?
So you're saying if there is a boat owner who has 15 boats and one BTR, or is it 15 BTRs? One BTR.
Is that common? 15, not necessarily no, but multiple votes on a single BTR, yes.
So can you just go over the background again from the legal perspective?
Yeah, I mean, as to how we got here?
No, what exactly does this ordinance do?
Okay, so previously the City Commission rolled back the cessation of commercial vessel activity at public marinas and public marine facilities from 9 p.m. to 7 p.m. And you all also established an application and exemption process whereby A COMMERCIAL OPERATOR WHO HAS NO PRIOR VIOLATIONS IN THE PREVIOUS TWO YEARS AND HAS BEEN CONDUCTING BUSINESS IN THE CITY OF MIAMI BEACH FOR AT LEAST TWO YEARS WOULD BE ELIGIBLE TO APPLY FOR AN EXEMPTION TO CONTINUE ACTIVITY UNTIL 9 P.M. EACH EVENING INSTEAD OF HAPPENING TO STOPPING AT 7, SUBJECT TO THE CITY MANAGER OR DESIGNEE'S, YOU KNOW, SOLE DISCRETION AND APPROVAL, AND THAT WOULD ALLOW THEM TO DO SO. THE COMMISSIONER'S ORDINANCE IS THE SAME THING, BUT IT SLIGHTLY EXPANDS THE CRITERIA AND ALLOWS operator with one instead of no one violation in the past two years again they have to have been operating previously at least two years continuously in the city to even apply for this exemption but to allow them to apply apply again subject to the city manager's discretion as to whether or not he wants to grant them the exemption to continue till 9 or they have to denies that they have to stop at 7 and And as the commissioner said, he'd look at such factors as the nature of the violation and whether it affected public safety or residents' quality of life. And I'd assume if it's one of those type things, he may be more inclined potentially to decline it and say, listen, you've got to stop at 7 p.m. And if it doesn't involve something like that, it's more ministerial or administrative what their violation is, he could grant it and allow them to continue operating until 9 p.m. If they were to pick up a new violation, so if an operator has the one, if you all adopt this, and they have the one violation, they apply for it, city manager grants it because it's administrative or ministerial, the one violation. If they were to get a new violation, they'd be automatically revoked unless and until the issuing authority dismissed the citations or violations or they prevailed at final appeal. So again, if...
Because you spoke pretty fast, Mark. I love that about you, actually. I'm trying. You get a lot of information very quickly. So we're basically saying if they already have a violation, they can still apply?
If they have a violation, they could still apply. It would be subject to the city manager's complete and absolute discretion. He'd look at, again, the nature of the violation. Did it involve public safety? Did it affect residents' quality of life? and he'd make a determination, but allow them the opportunity to at least talk.
Right now, if you have any violations within two years, you cannot operate until 9 o'clock. Say that one more time. I'm sorry. Right now, if you have any violations in the past two years, you cannot operate until 9 o'clock?
Nobody operates until 9 o'clock. Everybody stops at 7. If you have no violations in the past two years and you submit an application... and the city manager approves it, then you can go till 9. Yes. This would allow someone with one previous violation, presumably a ministerial or administrative violation, to go till 9 if they apply and the city manager approves it. What is an administrative violation? It would be something that's not, like, substantive, where it's not a noise violation, where it's not, like, a huge conglomerate of fistfights and, you know, indecent exposures or something like that, where it's just something they didn't pay a BTR thing, something ministerial.
Yeah, I just want to be careful. Let's say they have violated the curfew.
Okay. Does that qualify? Yeah, anything would qualify for the city manager's review. And again, he's going to look at it and make a decision because they could violate the curfew, the 9 o'clock curfew, and come in at 9.03 with six people. And they're quiet. There's no problem.
Meaning, let's say they violated the curfew within the last two years. Does this prohibit them from applying or no?
If they violated the curfew last year and that violation was upheld or they failed to appeal it, they could not even apply. They would have to cease activity. at 7 p.m. for at least two years from the date of that violation. Right now, they're out cold. This would give them an opportunity to at least apply for the 9 p.m., subject to the city manager's approval. And so this basically says if you had an administrative issue, like you forgot to pay your BTR,
then you can, okay.
Yeah, and it doesn't, it says, listen, it says you can apply for one violation irrespective of what it is, but it provides factors for the city manager to look at as to whether or not he should let them, give them the exemption and let them go to line or deny it and keep them at seven based upon, again, the nature of the violation. Did the violation involve public safety, health, welfare?
Again, so we're allowing the operators to open business or finish their business at 9 p.m. at public marinas.
If they apply for this exemption and they're granted the exemption, yes, they could continue activity until 9. It would not have to cease at 7 p.m. That's correct.
And the only public marina is Miami Beach Marina, correct? In Miami Beach. I think so, but I wouldn't swear to it. Okay. I don't know if through the sponsor. Has SOFNA weighed in on this? Because I don't know if they're going to be okay with opening the door to 9 p.m.
I know, I believe one member, Keith Marks, is on the phone. But let me comment. Of course.
Yeah, I'm concerned about this. I'll tell you why.
Well, one, I was the sponsor of a couple of the items that limited the charter. You and I both. And then Commissioner Suarez as well. So just quick history. Four or five years ago, we had a problem. There was no limitations. There was no, it could be 24-7 major problems, constant complaints. from the South of Fifth residence. So we put in the 9 o'clock PM. It worked fantastic for several years. And then again, the problem started. So then we put on legislation that I believe you and I put on, Commissioner Suarez, to put it on till 7. I guess some of the operators were concerned about that, worked together with us and the South of Fifth Neighborhood Association and said, you know, if you don't have any issues, we'll keep the 9 o'clock, but only if you don't have those issues for two years. So now we're potentially looking to make an exception. And, you know, I don't have a crystal ball, and I appreciate the item, Vice Mayor, but I'M CONCERNED THAT WE HAD SO MANY PROBLEMS, WE FINALLY CORRECTED IT, AND WHETHER WE NOW OPEN IT UP. THE SECOND REASON I DON'T LIKE IT, THIS KIND OF REMINDS ME, THIS IS GOING BACK, AGAIN, FOUR OR FIVE YEARS AGO ON A SEPARATE ISSUE. I REMEMBER WE USED TO HAVE ALL THESE, WE'D HAVE THESE SITUATIONS WHERE WE HAD CERTAIN NOISE VIOLATIONS THAT WERE IN THE DISCRETION OF THE CITY MANAGER. AND WHAT WOULD HAPPEN IS THE OPERATOR WOULD potentially have a violation. And then they would call all of us. And then some of us, it wasn't me, but some of us, not this body, it was a different body, would call the city manager and then lean on the city manager to sort of overlook it. And it became a whole issue and we had the correct legislation around it. There was lawsuits surrounding this. And it's not personal to the city manager. I just don't want to put the city manager in that position because it puts tremendous pressure on him, not just from the operators, but from us. And I'd rather just have a clean legislation where we don't get involved with having to make these discretionary determinations.
if I could give some more context. So a lot of times when we bring things forward, it's because something happened. We take a look at it and make the decision to see if we can make revisions to make it better. That's exactly what happened here. So you've got a boat charter operator who has a BTR and a number of boats underneath that one BTR, because that's how they're operating. The boat came back by nine o'clock, everyone was off, with the exception of the owners of the boat, and they got off at like 9.04. So now because of that, it's not just that one boat that gets in trouble, all of the boats under that BTR would not be able to operate. And that sounds unfair for something that was, an innocent mistake by the owners of the boat thinking that they could stay on longer, not realizing that they couldn't. And so that's why when developing this legislation, Mark Fishman said or looked into, it can't be public safety related, it can't be quality of life. So that's where that happened because now a good operator that's been working with us for 20 years. I also spoke to SOFNA about this and John Caprio and some of the others were very much in support. I also reached out to MBU and Robert Selsom said that he was in support of it as well. I didn't just put something on. I did my due diligence. And I think it's a good item. And it's fair. Because how can you expect a company with 15 boats, because they were late four minutes, now none of the boats can do it with a 20-year positive track record?
I appreciate that background. Thank you. Are you for the... I see Hernan stepped up. Are you familiar with this case?
Yeah, but I just wanted to share, Hernan Cardino for Code Compliance. I just wanted to share the universe is very limited at the moment for which operators would be able to come back now and make application. Of 31 applications that we've had for the exemption on the hours, 25 have been approved, six have been denied for one violation. And the breakout of those violations are unpermitted hours of operation, three, charter advertising, two, and failure to display the required VTR decal, one.
Where does this one fall in that the Vice Mayor just described?
This one was for hours, hours of operation. Because the ordinance says the boat's supposed to be dark and all activity's supposed to cease by 9 p.m. not just pulling up to the dock and beginning your unloading process.
MR. Mr. Mayor, I think we have the Commissioner Suarez. MR.
I think we have Keith Marks on the phone. MR. Yeah. MR. I don't know if you want to open up the public comment, because I'd like to hear what SOFNA is.
MR. Yes. It is a public hearing. I'm going to call Keith Marks. Go ahead, sir. Unmute yourself.
MR. Hi. This is Keith Marks, SOFNA 50 South Point Drive. Yeah. Laura, I do know that John and you guys talked about it. My concern is not, I think it just needs a little refinement in my opinion. And again, the whole board hasn't discussed this. But I'm concerned, like the mayor said, with city manager discretion. I think if we could define administrative discretion, If taxes and code could just find an administrative error on one boat out of multiple versus someone who comes in late. Because one of the problems that we had and the reason we did it is because there are operators who had been ignoring the 7 p.m. or in the past the 9 p.m. And we said no more. So I... I would be okay if we could define an administrative error versus, and if you wanted to call turning a boat dark administrative, but if code could determine it and keep it away from the city manager, because I know what's going to happen, the boat owners are going to go to Eric or Mark taxes and they're going to start, you know, uh, politicking to get their exception. And that, uh, well, If things are working very well at the marina, this change won't be a big issue if you just change it to administrative. But if we have to determine what is quality of life, my God, that's, you know...
I think we have a definition of what quality of life is. And Keith, this is the first reading of the item. Happy to meet with you the way I did with John and Robert and some of the others to make sure that you're comfortable.
Yes, I'm fine at first reading. I just think if we're happy with what the exceptions are to the point where the manager doesn't have to get involved, that would be really ideal. where earning in code could actually, you know, clarify this is administrative versus non-administrative. I'll come out with you, thanks. Okay, thanks.
Thank you, Keith. And Eric, I have a feeling you don't mind not having that responsibility.
I'll be honest, I'm fine either way. I think this is a limited enough group that I think it's pretty easy to call balls and strikes.
Mr. Mayor, how many do we think we're talking about?
Well, he said there have been six that have been rejected.
Out of how many potential? 31.
OK. Commissioner Suarez. But I don't want to lose sight of the intent of this item. And the sponsor can correct me. But this is to move it from seven to nine for certain operators, correct?
Okay, because look I know mark mark is saying no You all have already you all rolled it back from 9 p.m. To 7 p.m. You all created an application exemption process to get back to 9 p.m. If an operator has no violations what this is doing is it's allowing some additional operators who only have one violation in the past two years and AND HAVE BEEN OPERATING IN THE CITY FOR AT LEAST TWO CONSECUTIVE YEARS, THE OPPORTUNITY TO APPLY AND GET GRANTED THE EXEMPTION SO THEY CAN ALSO CONTINUE. BECAUSE THEY HAVE MULTIPLE BOATS UNDER THE SAME VTR.
IRRESPECTIVE OF HOW MANY BOATS, JUST ONE VIOLATION. The reason this ordinance was brought up was because of the unfair situation of that boat owner who got beyond four minutes, I believe.
That was just one of many boats he owned? That's correct. But again, there were 31 total applications and six have been denied. This was one of them. There's others who may have only had one vessel. So irrespective of the number of boats you have on your BTR, it would allow the operator to apply for this exemption. To apply. So they don't automatically get the exception.
Right.
But it's something as minor as like if you have your BTR displayed in the wrong place or it's in your other, on another boat or something. Like something so minor that's not, and you're an otherwise good operator.
My only issue is that you've got to, and look, I feel for some of the operators there because I'm there all the time. I have my boat there. I know Meisner's Dream is a great operator. And I think they got hit hard because of the, you know, some of the ordinances. But At the end of the day, the community there, they wanted some relief from these bad operators, and I'm okay with opening it up to possibly only good operators, but I think we need to draw the line, right? They were late four minutes off the boat. At what point do we say that is a quality of life issue? So maybe they were late an hour. And when they got off, it was making a bunch of noise. And that's a quality of life issue. So where do we draw the line of what is acceptable, what's not? So it may be four minutes this time, but maybe next time it's an hour. I guess that's up to the city manager's discretion. MR. That's how it is now. That's how it's written now. MR. Yep.
I keep going back and forth. Are we talking – I get – is this a comprehensive issue, or is it an issue that just presented itself really for one operator?
No, Commissioner. Six operators.
But those other ones, was it the same – oh, man, they were only late for five minutes, or is it across the board like a –
Different they each got cited for some different by one violation per operator But each of the six got cited for particular violations earning could probably tell you what each of the six violations were but Some were clearly just administrative as well
Right, so those six, the breakdown again is the unpermitted hours of operation were three violations to three operators, I should say.
Were they four minutes or were they four hours?
You know, this was after the ordinances were passed and it was zero tolerance and this was the Miami Beach Marina Blitz, so it didn't matter if it was four minutes or 40 minutes. If you were not dark by 9 p.m., then that was a problem for us. Charter advertising without the required information, two operators. and then failure to display the required VTR decal one violator.
Okay, so at least five of the six are somewhat, I don't want to say trivial, not indicative of truly awful bad operators.
Yeah, the only thing, Commissioner, I'd like to add to that is that because we had a problem, we went in and we weren't hard. It was zero tolerance. If you were a minute past nine. And we appreciate that. And we wanted to get everybody's attention and send the message that we weren't playing and that if you didn't comply and you broke the rules, you were going to get fired.
And I think we still send that message. Absolutely. I don't want to get into, okay, you know what, it's actually 7.45 and 7.45 turns into 8 o'clock. I don't want to start going down that path.
On this one, though, we had an operator that was back in 15 minutes before 9, and then a couple of the people just weren't off. I think the owner and someone else went off the boat.
Is there not a way to just kind of... you know, help this person out and not pass sweeping legislation?
Well, we would still, I think we could still be very, we could be very serious and send the message, if someone breaks the rules, we're not going to move forward. This is a look back, and the only way to be able to do it is that they did get a violation, so there's a violation there, so they're not in compliance.
But there's no way to help out that single situation other than passing broader sweeping legislation?
Not really. I mean, you all did pass the legislation saying no violations in the past two years, and they, as Mark said, they have a violation. So I don't think either Mark or Eric, Lloyd or Schroeder. Did you just say the city manager now can take that discretion? Yeah, if you guys gave it to him and adopted this in two readings, yeah. But right now it says zero violations. But right now it's not. That's right. That's right.
Okay.
This first reading, call the vote. I have a motion by Commissioner Dominguez, seconded by Commissioner Fernandez. Commissioner Magazine. It is a public hearing, by the way, no one on Zoom, no one in the audience.
Yes, though I want to see, be sure that the Neighborhood Association and other stakeholders are aligned with, I know the sponsor's working very closely, so as long as that continues and everybody's generally in support, I'll continue at second reading, but yes, for first reading.
And I just want to make sure Keith said that he was okay with this?
With first reading, and I'm going to meet with him in between the two.
All right. So Commissioner Magazine was yes, Vice Mayor Dominguez. Commissioner Fernandez? Yes. Commissioner Suarez? Yes. Commissioner Mateo Salinas? Yes. Commissioner Bach? Yes. Mayor Miner? Yes. Motion carries. Second reading. Public hearing is June 24th. That was R5V. R5AI? R5AI is an ordinance of the Mayor, City Commissioners, City of Miami Beach, Florida amending the Miami Beach Resiliency Code by amending Chapter 7 entitled Zoning District Regulations, Article 2 entitled District Regulations, Section 7.2.16 entitled GU Government Use District, Section 7.2.16.3 thereof entitled Development Regulations GU by modifying the Development Regulations to clarify setback requirements and providing for codification, repeal or severability on an effective date. This is a first reading public hearing. It is item R5AI.
And we can call the companion item R5AJ.
R5AJ is an order to the Mayor and City Commissioner of the City of Miami Beach, Florida amending the future land use map of the 2040 Miami Beach Comprehensive Plan pursuant to Section 2.4.1 of the Miami Beach Resiliency Code and pursuant to Section 163.3181, Section 163.3184 and Section 163.3187 Florida Statutes by changing the future land use designation for a parcel of land located at 1 Ocean Drive, Miami Beach from the current designation of recreation and open space including waterways, ROS, to public facility governmental uses PF and provided for inclusion in the Comprehensive Plan Transmittal Repealers of Ability and Effective Date, that's R5-AJ, that it's a public hearing.
Commissioner Fernandez. Thank you, Mr. Mayor. We often hear of applicants wanting to reduce setbacks. This item is about increasing setbacks. In some areas south of 6th Street, zoning rules require the buildings to stay within both a minimum setback and a maximum setback and this ordinance removes the maximum setback requirement for for GU zoned properties and the changes intended to give the city more more flexibility when redeveloping public properties and this went to the planning board and it received unanimous approval and I move the item.
Second.
There is a public hearing. No one in Zoom, no one in the audience. I'm going to call the roll under AI. AI requires 5-7's vote. Commissioner Magazine.
I apologize. We were speaking with the Deputy Chief of Staff. Can we just surmise that in 15 or 20 seconds? Apologies, Commissioner.
The main purpose is to clarify and change the setback requirements for government-owned properties to increase. No, to decrease. TO ACTUALLY GIVE MORE FLEXIBILITY.
CORRECT.
THANK YOU, COMMISSIONER. YEP. ALL GOOD. SO COMMISSIONER MAGAZINA IS A YES. VICE MAYOR DIMINGUZ.
YES.
COMMISSIONER FERNANDEZ. YES. COMMISSIONER BACH.
YES.
COMMISSIONER SUAREZ. YES. COMMISSIONER CELINAS.
YES.
MAYOR MINER. YES. MOTION CARRIES. THE ITEM IS APPROVED 7-0. SECOND READING PUBLIC HEARING FOR BOTH ITEMS R5AI, R5AJ WILL BE JUNE 24TH. R9E. R9E is DRB appeal number 25-11045685 filed by Mr. Gunday.
Welcome aboard, Nick.
Thank you, Mayor. Take us away. This appeal was first heard by the City Commission at its meeting on April 22nd. You heard oral argument from all of the parties. After a lengthy discussion, the City Commission deferred the item to today's meeting to give the petitioner the opportunity to work out his dispute with the respondent, the Lagorse Country Club. Because we've heard all oral argument of the parties. The item is properly before you today for a vote. I would just remind the City Commission that to reverse, modify, or remand the decision of the DRB, a 5-7 vote is required, but otherwise the decision of the Board would be upheld.
Say that again?
So to reverse, modify, or remand The decision to the DRB, an affirmative five sevens vote is required. Otherwise, the DRB's decision would be upheld. And anyone aggrieved by the city commission's decision today could take a subsequent appeal to circuit court.
What would require four sevens vote?
To affirm.
And what if there is no motion to affirm?
Well, my recommendation to the city commission would be that you take a vote either way to allow this dispute to be further litigated. But is your question if there is no motion to affirm but there is a motion to reverse and that fails? Correct. Well, since you need an affirmative five votes to reverse, if a motion to reverse is made and seconded and that motion fails, the result is that the DRB's decision was upheld.
And would there be any sort of motion to require a 4-7 vote to... There's no motion for a 4-7 vote that could be used to... Because I don't think you have, from what I remember, I don't think there's five votes up here to reverse. But I do think that there is four votes to not agree to this, the decision of the DRB. But I guess we could just find out. So what is our best course of action?
Well, I guess since you've already heard oral argument, the parties had a chance to meet. My understanding is that no settlement was reached.
Are they allowed to speak?
Well, so on an appeal, the city commission cannot take new evidence. If you wanted to hear an update from the parties, I won't object to that, but again, Today should be based on the record before the DRB. And I think my advice to the city commission would be to dispose of this appeal one way or the other.
I see one update, the mustache.
Yes. Where's the mayor?
And just consistent with what we did at the first time this was heard, I would ask anyone who is going to speak to raise your right hand. Do you swear or affirm that any testimony you'll give in this proceeding is the truth, all truth, and nothing but the truth? I do. Thank you.
I do. So we can't hear any new, not evidence, but testimony at this, since it was continued? Are we still technically, can we take their, I guess, testimony and weigh that?
No. Any testimony would be new evidence. So, I mean, if you want to hear anything from the parties today, I would say it should be limited to an update on their discussions. But other than that, I would recommend the City Commission.
But to the Vice Mayor, Vice Mayor Dominguez, would you be willing to let them hear them out?
And again, my advice would be to give an update.
Just on the narrow issue, Madam Vice Mayor, of any update since the last City Commission hearing on April 22nd.
Right. The last time that we met, they were supposed to talk amongst themselves and potentially come up with an agreement. It sounds like none of that happened. Correct. So what we're voting on today is simply did the DRB do their job?
Correct. So again, to reverse, modify, remand, a 5-7 vote is required. And that vote would have to be based on either a failure of the board to provide procedural due process, a failure to observe the essential requirements of the law, or that the DRB's decision was not supported by competent substantial evidence. If the city commission does not make any of those three findings, then the decision of the DRB must be upheld.
MS. Okay. And if a Commissioner needs a refresher or reminder, is that what you're asking for, Commissioner? MR.
I'm – they're willing to give an update to the – MS. Right.
But we should probably get an update.
MR. Yeah, I'm prepared to start if that would get us off the dime. Is that okay, Madam Vice Mayor? for me to start. Graham Penn, 200 South Biscayne Boulevard, here on behalf of the Gorse Country Club. I just wanted to introduce, we have Peter Hochfelder, our president is here with us today, Scott Robbins, also from the club, and of course, my partner, Michael Larkin. As we conclusively demonstrated along with Mr. Alexander at the city attorney's office last month, this appeal has no merit whatsoever. We did take the Commission's directive and reach out to Mr. Gunday and his counsel to discuss potential resolution of his concerns. The week after the meeting, we reached out via email to Mr. Brooks, who's Mr. Gunday's attorney, to set a meeting. We ultimately had that meeting. Now, that meeting was not incredibly successful, but subsequent to that, we provided Mr. Gunday with a letter and after that, a set of proposed conditions that if he withdrew his appeal, we would agree to a proffer to the commission. Those conditions included significant substantive revisions to the plans related to the power courts, as well as operational changes. The response we received from Mr. Gunday today was a recitation again of his claims that the use itself was somehow illegal, which again, as we discussed at length last time, is not within the purview of the DRB nor the purview of this commission in reviewing that appeal. The consistency of our use of the paddle courts with the code is within the realm of the planning director who made the determination before this application went to the DRB that it was consistent. So I'm going to reiterate again, we reached out. We worked very hard and spent consultant time and money to arrive at very elaborate conditions that we would propose to reduce the impact on Mr. Gunday, which he has rejected. So at this point, we would ask you to appeal today. Thank you. And I can provide any additional information if you're interested.
Mr. Gunday, please.
Yes. So unfortunately, I have been reaching out to the golf club for the past six months trying to schedule a meeting, and they denied every single opportunity that we could have to speak. I sent proposals to change the location of these I said maybe you need to shift them towards the parking area and maybe you can even build a parking structure and put these next to them or above them, the paddle courts, because next to my home I would have no view, I would have no life if you put the paddle courts right next to my house. I have a beautiful view right now. It's all open. It's green. And it's going to be like a wall. It's a 10-foot wall that they're trying to put. And then also, they want to put paddle courts. They're going to have these big lights. Unfortunately, those lights are really strong, and you can't really live next to them. I'd like to ask everybody here to not approve this planning board decision and reverse it. Because if we continue like this, you could also start building other things on the golf course. And if you look at the view, I want to give you the picture of what my view currently looks like. My house is right here, the red roof. It's all open. And the setback rules say, based on Miami-Dade code, it has to be based on Miami-Dade code 3320, it has to be 75 feet, any structure that you built. And paddle courts are structures. They're not just a court like a tennis court. And that's why I actually presented that during the sup-nic hour the last time. If you also look back historically, there's a covenant on the deeds and also on the surveys and here you can see that it says unsubdivided land and development area. Why would they have put that on the survey back in 1920s if this was not to be, you know, abided by?
Thank you. For the record, I have to object again to Mr. Gunday's attempt to introduce new evidence in this proceeding. This is what you submitted. As Mr. Kalerges indicated. THIS IS NOT A HEARING WHERE YOU TAKE EVIDENCE, RIGHT? THE EVIDENCE THAT WAS PRESENTED IN THIS CASE WAS IN FRONT OF THE DRB. ANY ADDITIONAL EVIDENCE HANDED OUT TODAY IS IRRELEVANT AND CANNOT BE CONSIDERED. THIS IS FROM YOUR FILEY.
I JUST PRINTED IT SO THEY HAVE IT IN FRONT OF THEM.
AND, MR. MAYOR, BECAUSE THE COMMISSION'S DECISION HAS TO BE MADE BASED ON THE RECORD BEFORE THE DRB, NOTHING NEW CAN BE INTRODUCED AT THIS STAGE.
MR. MAYOR, I JUST HAVE A QUICK QUESTION. SO THERE'S THREE OPPORTUNITIES. WELL, IF WE WANTED TO MAKE A MOTION,
send it back to DRB what are would it be sent it back to be DRB would it be to perverse meaning can we make a motion to send it back to DRB for a re-review so that would be a motion to remand a motion to remand requires a 5-7 vote and the City Commission could remand on on a specific and let's say it goes back to DRB and
It has another, I guess, shot at being heard. Maybe there's new evidence that gets provided. And if it gets approved again, does it come back to us? And if it gets approved, can they still appeal and come back to us, or is it final? What is the process? afterwards if we were to remand and send it back to DRB?
Any subsequent decision by the DRB on this could itself be appealed to the City Commission. Okay. Yes.
So I think colleagues, I think I've certainly seen enough evidence to support a re-review at the DRB. I don't really see an issue with having
A second look at this So I'm gonna make that motion So that would commissioner that would be a motion to remand In order to remand the Commission would have to find that one of the three prongs was not satisfied Do I have to give specifics the resolution will need to be specific so I mean I think I Yeah, the resolution, this commission's resolution would need to be specific. Okay, and what are the three prongs? We have to do one of them? One alone would be enough to remain. Okay, what are they again? So you could find that the board's decision was not supported by confidential evidence, that procedural due process was not provided, or that the board failed to follow the essential requirements of law. Based on the discussion at the April meeting and your comments today, I think your motion is that the board's decision as to the location of the Padel course was not supported by confidential evidence. Which is point one, right? Right. Yeah, that's where I was leaning toward. So, I mean, I would- And that motion would require a second and a five-seventh vote.
And I'll say I'm not going to support that, not because I like DRB's reading because I'm not going to not support it because I'm not sympathetic to your case and I personally wish you all could come to some sort of consensus because I'm always a community builder in consensus. However, we have to rule within a strict criteria. It's not about if we personally want you all to come up with a better solution or a better design, it was We have a very strict mandate when we're sitting on this quasi-judicial board about whether, it's not whether we agree with the DRB ruling. It's about whether we find evidence that one of those three criteria were not met with the DRB. We're essentially saying, No, the DRB didn't rule correctly for one of these reasons. And not even correctly, they didn't review this properly.
They took half an hour only.
And I don't, after reviewing it last month and here as well, I don't see any procedural. This is more about a procedural, did they do it or not. And I don't see anything in the procedure. Forget about my personal feelings on the ruling because I am sympathetic to you. But from a procedural standpoint, I don't see where the DRB didn't achieve all those prongs or criterias that we have in our very tight purview.
You know, that brings me up a good point. I think one of the prongs was a notice requirement.
Correct.
And if I remember, Gunday didn't receive a notice. And I think there was electronic proof that there was no notice given. And the only notice that was there was on a light pole. EIGHT AND A HALF BY 13 RED NOTICE THAT WOULD HAVE ONLY BEEN ABLE TO SEE IF HE WAS SOMEHOW PASSING BY. But maybe that's another prong that we can add on.
The code requires three types of notice be provided for land use board hearings. One, that it be posted on the property. Two, that it be mailed to. But it wasn't posted on property. It was posted on a light pole. There was evidence in the record that it was posted on the Lagorse Country Club property. Two, that it be mailed to any owners of property within 375 feet. and three, that it be published. And you heard argument that all three of those notice requirements were satisfied. I think the case law does not require that each property owner who actually confirmed that they received notice, right? It's not a return receipt. It's not a FedEx with a tracking number. It's it's it's it's proof that the notice was was mailed and And and you heard argument of council that that the petitioners property was on the list on the list of so Okay.
Oh, so that being said it would be speed the the first prong which was not enough evidence But the the board had before them to make the correct decision and that's a decision for the City Commission to to make
Commission about my recollection and everyone knows I have a terrible memory, but my recollection in our discussion last time was that there was some discussion about The impact of sound and how that was going to affect the property and There was some discussion of it, but not sufficient there were no I don't know what it was exactly there were no sound studies, but it was referenced in the discussion and
THAT'S NOT REQUIRED FOR THE DESIGN REVIEW BOARD.
IT WAS REFERENCED IN THE DISCUSSION, SO THEY WERE TALKING ABOUT IT.
SO THE DRB DID INCLUDE CONDITIONS TO MITIGATE THE IMPACTS OF THE COURTS WHERE THEY WERE PROPOSED TO BE LOCATED, BUT A SOUND STUDY THE WAY THE PLANNING BOARD WOULD REQUIRE ONE IS NOT REQUIRED. I think what the DRB, the criteria I think that are particularly relevant here are the criteria on the location of proposed structures and...
But the location and sound have direct, you can't talk about the location without the sound because if the location were such that it didn't obstruct the view but it was incredibly loud, that would be a location discussion. And the inverse is correct, is the same too. If the view weren't a big deal, but you could still hear it.
I just... Yeah, there's a lack of evidence.
There's something missing here. And I just, I can't quite, I don't have it in front of me, so I can't quite get to it. But I feel like it didn't get discussed.
It didn't get... Fleshed out.
fleshed out fully and I don't know how the DRB is supposed to rule on something where the location of it is going to have impacts beyond just visual. And maybe that's a failure of the laws that currently exist. That's a different discussion. But they did bring it up. The records show that they did discuss it. And so somebody was taking it into consideration. And... So I feel like they need to figure out how to go back and fix this.
So to expand upon that, Commissioner, I don't see a problem sending it back to DRB, giving it one more opportunity. And if they then approve it again, taking into consideration all the, I guess, what we've discussed today, then we don't have a leg to stand on. At least in this situation, we give a resident a relief from many of the arguments that he's made. It gives him an opportunity to hopefully resolve this at the DRB because, you know, I feel for Mr. Gunday. I certainly wouldn't want something built next to my house with a 10-foot wall, especially if something wasn't considered. So I don't see the harm in sending this to DRB for another review that we can then hopefully hope that they make the best decision. And then if it gets appealed again, then it gets appealed again. And then we can say, look, sorry, we've already heard this. You guys had two shots at this and, you know, we have to move forward.
Madam Vice Mayor?
Fernandez, Commissioner.
Thank you. So I just, I need one of the attorneys to clarify for me, you know, procedural defects, notice defects, Are there any indications that from the attorneys, Justin, you know, I just need to know, are there or are there not any issues before us today related to the notice or to the procedural matters in how the application was heard by the DRB?
So the petitioner claimed that he didn't receive the notice, but the city and the applicant's argument below was that the mailing labels for the Resiliency Code required notice, those were available in the record before the DRB. Those were placed on the record. Correct. And they're incorporated in the record.
And that was verified by whom? BY PLANNING STAFF. OKAY. AND MR. PLANNING DIRECTOR, CAN YOU COME TO THE PODIUM? SO YOU ARE CONFIRMING THAT THE NOTICE REQUIREMENT WAS MET, THAT THERE WAS A REQUIREMENT TO SEND A NOTICE TO THE GENTLEMAN THAT'S APPEALING, AND THAT THAT REQUIREMENT WAS MET.
I should clarify that the person who prepares the mailing labels is actually a third party vendor and they signed the certification. But planning staff reviewed that those materials when they were approving the item to the agenda of the DRB originally and Mr. Gunday's name and address were correctly printed on it.
How many, and I don't know if this is... if I can ask this or not, if I can't ask this, I ask to be stopped, how many people were supposed to receive this notice?
There were 480 property owners who were within the notice radius.
Has anyone else brought any concerns of not having received the notice?
There were no other notice defects raised as part of this application.
At this time, I cannot support remanding this back to the DRB. I think we have a very limited scope. through which to consider this matter, notwithstanding whether we feel bad for you or not, because I think as a resident of this city, I put myself in your shoes about having this next to where I live. I wouldn't want it right next to where I live. But we have very limited scope. and criteria through which to determine uh whether whether to send this back to the drb and it has to be through a procedural flaw um or through or through um or through a notice flaw backed by evidence and that doesn't exist right now so i'm aligned with commissioner magazine on this i don't support sending this back mr city attorney um who are the arbiters here is it the commission
or who weighs in on and decides the facts?
Is it us or is it? Well, the trier of fact here was the design review board. But the decision maker on this appeal is the city commission.
So we decide if...
of having a notice put on a light pole is sufficient. The commission has jurisdiction to rule on this appeal, but your decision must be based on these very narrow review criteria. And just based on the discussion that I've heard, the only one of the three prongs that a few of you, and again, I don't know that there are five of you, but a few of you have raised is the issue of evidence as it relates to the location of the structures. I do not believe it is the notice issue.
Mr. Mayor, I believe we have a motion and a second to remand and send back to the DRB.
And Mr. Brooks, the attorney for the petitioner, has his hand raised if you want to consider that.
I also wanted to speak. Mayor, I have a question.
Well, let's first hear from Vice Mayor Dominguez.
One of the city attorneys mentioned that only one person had complained about not having noticed. How many people are affected to the degree that this house is? Just one or?
That's difficult to say and it depends on the placement of the specific improvements, but there was only one objection.
How many walls are going to be put, how many different houses are going to have a wall in front of them?
Only mine.
Okay. I think that's what the Commissioner Dominguez was asking. Not to put words in your mouth.
And like Commissioner Suarez, I was also struck the first time I heard that the notice was on the light pole and it was mailed, but there was no return receipt. Somebody that's going to have that big of an obstruction, like knock on their door, is what came to my mind.
And I just have to make one point, which is the failure of the city to receive a return receipt, that is not a legal basis to reverse the decision of the Design Review Board.
Does it give a flaw to the delivery process, which would then allow us to vote on the remand if we had the votes?
I think if the commission is going to remand, again, I think it's on that first issue of confidential evidence. And again, I'm basing this on the discussion that I've heard. But I don't know that there are five votes for that.
OK, so let's call the roll. Oh, Mr. Gunday? Through the mayor?
Yes. And Mr. Mayor, Mr. Brooks is on. Your attorney is on. And again, we really should be hearing from Kevin.
Let me just make a point. So I have informed delivery. It's a way to get notified about the mail that's supposed to arrive. I did not find this notice. So that's another point. So thank you so much for bringing that up. I didn't have it. Another point is we were talking about procedural defects as a way for us to remand. THERE WAS A PROCEDURAL DEFECT. AT THE BEGINNING OF THE SESSION, THE CITY ATTORNEY IS SUPPOSED TO ASK THE AUDIENCE IF THEY HAVE ANY EX PARTE COMMUNICATIONS WITH OTHER PARTIES OR IF THEY HAVE ANY CONFLICTS OF INTEREST, AND THEY HAVE TO, THE MEMBERS OF THE BOARD, THE PLANNING REVIEW BOARD OR THE DRV, HAVE TO RECUSE THEMSELVES OF THE VOTING PROCESS OR FROM THE COMMENTS AND SO ON. AND IN THIS CASE, ACTUALLY, THE PERSON WHO IS THE VICE CHAIR OF PLANNING REVIEW BOARD FROM MY INFORMATION, FROM MY UNDERSTANDING, IS ACTUALLY A GOLF CLUB MEMBER. SO THE PERSON REVIEWING THE WHOLE CASE ACTUALLY IS A MEMBER OF THE CLUB. SO OBVIOUSLY THIS IS ANOTHER PROCEDURAL DEFECT. THE CITY ATTORNEYS DID NOT ASK, HEY, IS THERE A CONFLICT OF INTEREST? ARE THERE ANY EXPIRED COMMUNICATIONS? THAT DISPOSURE WAS NOT MADE. SO I THINK THIS IS A PROCEDURAL DEFECT THAT IS EVEN MORE MAJOR THAN ANY OF THE OTHER ONES. So can you speak to that?
Did the city attorney's office ask any ex parte communications between the board members and interested parties?
Board members have an affirmative obligation to report any ex parte communications, just as the City Commission did for today's oral argument. The particular board member that Mr. Gunday is referring to I had a conversation with prior to the hearing about whether there was whether there would be a potential voting conflict and and based on the the county code of ethics and the And the and the state code of ethics because the again the standard is will vote on the matter in your to your special private gain or loss and and we determined that that board member did not have a conflict and Was that person or the person's family a member of the golf course?
I would, yes, but in a specific.
I'm going to stop you there, Nick.
I'm going to stop you there. I don't think, I think it's highly inappropriate that you have a member of a golf course who is potentially going to be expanding their golf courses, their clubs reach and being a voting member on a board for that.
I just have to finish because, and I'm a little uncomfortable with this because the board member is not here to speak to this, but this particular board member would not have a financial obligation one way or the other based on HER MEMBERSHIP STATUS, BUT AS A RESULT OF THE APPLICATION.
IT'S NOT ALWAYS ABOUT FINANCE. PARDON ME. I'M SORRY, COMMISSIONER FERNANDEZ. LET ME JUST FINISH THAT. IT'S NOT ALWAYS ABOUT A FINANCIAL RELATIONSHIP. THERE'S OTHER RELATIONSHIPS THAT MAY CAUSE A CONFLICT OF INTEREST. I THINK IF YOU I THINK AT THE VERY MINIMUM THERE SHOULD HAVE BEEN A RECUSAL.
The law is that you are only required to recuse if you have a voting conflict of interest. And under the State Code of Ethics, you have a voting conflict if the vote on the matter would inure to your special private gain or loss. And this vote did not inure to the board member's special private gain or loss.
It did not. And I just want to ask about that because I just want to be careful about the precedent that we set. is in this case, it's a member of a golf course. There are many different types of memberships throughout this city. Memberships for sports clubs, memberships for religious institutions, memberships for social organizations, many of which come before many of our land use sports, or at times come before the city commission. And membership does not mean conflict of interest. One thing is to be a member of a body, of an organization where you are paying, in fact, you are paying to be a member of an organization. Another thing is, let's say, if you're on the board of that organization, well, then that then, and correct me if I'm wrong, Mr. Attorney, that's when then the state's conflict of interest comes into play or if you have, if you stand to financially benefit If you stand to directly financially benefit from the decision that's about to be made, that's when the conflict of interest laws come into play. But we're going to be limiting pretty much all of our board members and the commission itself if we start redefining what a conflict of interest is just based off membership, is we have people who are members of St. Patrick's. And then if St. Patrick's has a zoning matter going before one of the land use boards, then are people going to have to recuse themselves? Or if someone is a member of a temple and the temple has something going before one of the land use boards or before this body, then do we have to recuse ourselves? That's very different than being in the governance of the organization and certainly much more different than having a financial interest where you're going to directly benefit from it. And I would like for the City Attorney, I have the floor, I would like for the City Attorney to respond on that.
And Commissioner Fernandez is correct. There are extensive ethics opinions dealing with members of groups or organizations. In this particular instance, I also want to advise the City Commission that we consulted with the Commission on Ethics and the Commission on Ethics determined that there was no conflict. So the board member's participation did not create a conflict of interest.
And just to, let me just put, let me try to reframe this in another way. Or I think it could be a conflict of interest, Commissioner Fernandez, is they do pay to be in the club. And let's say that, let's say that board member, let's say that board member voted, was pressured hypothetically to say, if you don't say yes, we're going to remove you from our club. It could be tacit. You're bringing into question the integrity of the person. What I'm trying to say is it's not always going to be financial pressure where someone gains something. It could also be something where you might potentially lose something. from not voting a certain way. And that's why I think, yes, if you are at St. Patrick's and you're on a land use board or a temple, and there's a matter before you, especially zoning, you should 100% recuse yourself. Just remove any sort of conflict of interest.
Thank you, Mayor. I would just try, Mr. Mayor, I really think we've, We really shouldn't be taking new evidence at all. I think the Commission has been very generous.
There's a financial gain, actually multiple counts of financial gain. Thank you for all the commentaries you made. She owns two clubs, two houses on the golf course. One house actually abuts the south side of the clubhouse. If the paddle course didn't go in front of my house, they could have landed in front of her house. So that is a conflict of interest. Furthermore, there's also another account of conflict of interest. Her son has a membership. Her husband also has a membership, based on what I heard. And basically, those are two other accounts of membership. And these memberships are valuable. Like maybe 20 years ago, they were worth $100,000 or something. Now they're worth $800,000. So that means you can actually, let's say you don't have any money one day, you can cash out like a ring or your membership and you can sell it to someone. It's high in demand. And if the golf club is built, it's going to be even nicer. So you're going to be able to sell it even for more, maybe a million dollars. So there's a financial gain. Apart from that, her son is actually also a real estate agent who buys and sells properties around the golf course. So there's so many accounts of conflict of interest and their financial, you know, interests. So I hope that answers the question. We have a motion and a second.
We have a motion and a second.
And the motion is to remand to the design review board based upon a lack of competent substantial evidence on the specific issue of the location of the courts. And that requires a 5-7 vote.
And what is the suggestion of, was it the prongs you said?
Right. What wasn't fulfilled? That the boards, well, it's up to the commission to make this finding, right? But Commissioner Suarez's motion is that the DRB the DRB's decision, again, the part of the decision specific to the location of the Podell courts, that that was not supported by confidential evidence. And the remand, the purpose of the remand, is for the DRB to hold a new hearing on that narrow issue.
So just to be clear, we're not determining that it's completely wrong. We're asking to do a new hearing on the issue.
Well, you would be determining that the standard of review is not satisfied. But it goes back to the DRB. It would go back to the DRB.
No, just on that point.
I think, Commissioner Suarez's motion is narrow to the issue of the Padel courts.
Also, bathrooms and the pro shop. This is a matter. Nick, get control, please.
Somebody needs to get control. Commissioner. Tell us what we're ruling on. You have a motion and a second.
We have a motion and a second, but we want to make clear, and Nick is going to explain it to us, he did once, but he'll do it again, what exactly we are voting on.
So again, and I'm sorry to repeat myself, but the standard of review is, again, it's highly differential. to the decisions of your boards. You can only reverse if you find that the board... Reverse or remand? Or remand or modify if you find that the board failed to support its decision with competent, substantial evidence, failed to observe the essential requirements of law, or failed to provide procedural due process. Any decision to reverse, remand, or modify requires a 5-7 vote. If there are not five votes, then the DRV's decision would be upheld. Commissioner Suarez has made a motion to remand to the DRB on the narrow issue of the location of the Padel Courts on the basis that the Board's decision was not supported by competent substantial evidence. That motion was seconded by Commissioner Bott. Again, this is a finding that the City Commission would have to make as a body. If there are not five of you, who believe that the DRB failed to, that the DRB's decision was not supported by confidential evidence, then the Board's decision would be upheld.
The memo accompanying this says the City Commission must, as part of its motion, clearly articulate the basis of its findings. Have we accomplished that?
I think based on Commissioner Suarez's motion, the motion would be that that confidential evidence prong was not satisfied.
Okay.
Select the vote. And for the record, I have Commissioner Dominguez making the second. So I think it was what? Okay. You want me to call a roll by name or? I think it's best. I'm going to do it alphabetically.
Commissioner. How are we voting? So affirmative means to remand? Correct.
A yes is to remand. A no would be to affirm.
Yes, correct.
So, alphabetically, Commissioner Bott?
Yes.
Commissioner Dominguez?
Yes.
Commissioner Fernandez?
No.
Commissioner Mateo Salinas?
Yes.
Commissioner Magazine? No. Commissioner Suarez?
Yes.
Mayor Miner?
Yes.
We have five votes.
Let's go to the next item, R7M.
R7M, execute fiscal year 2026 sponsorship agreement Ocean Drive Promenade Music Series, R7M.
Are you seeing that voice?
I move the item. Second.
Let's call the vote. I'm sorry. I heard a motion by Commissioner Dominguez, seconded by Mattel Salinas. R7M, if no discussion, all in favor?
Aye.
Aye. Any no's? R7M? The music series, approving it. Sponsorship agreement. Yeah So okay, so I have one absence Commissioner Suarez is absent the motion is approved 6-0.
Yep Great r5aa
R5AA is an ordinance of the Mayor and City Commissioner of the City of Miami Beach, Florida, amending Chapter 70 of the Code of the City of Miami Beach, entitled Miscellaneous Defenses, by amending Article 2, entitled Public Places, by amending Division 2, entitled Bicycling, Skateboarding, Roller Skating, Inline Skating, Motorized Means of Transportation, Electric Bicycle Mopeds, Motorcycles, Motorized Bicycles, and Motorized Scooters, by amending Section 70-66 thereof. Entitled definitions, by creating and amending certain terms therein, and by amending Section 70-71 thereof, entitled enforcement penalties, by amending and providing for additional penalties therein, and by creating Section 70-73 thereof, entitled responsibilities of micromobility device operators to establish certain requirements, excuse me, applicable to micromobility devices operators, and providing for repeater servability, codification, and effective date. R5AA is a first reading.
I'm sorry, I get my head back into the micro mobility game after a couple of challenging conversations. This is something that colleagues at the city staff level, director of transportation, director of police department, various folks in the police department, code, lots and lots and lots of people have been working on to try to get us to a better place on micromobility. It is the change that is coming. I wanna make sure we're focusing on this because this has taken the better part of a year to get to this point. Change is coming, we are in the midst of it. It is not easy. Change is never easy, it's messy. And micromobility.
It was to me, yeah.
It was to me as well. To both of you. Thank you.
You're going to have to choose, Rabbi. No, you don't.
Micromobility is a great boon for our community. We are a flat community. The weather is great most of the time. We don't have to go big distances. There are a lot of people who can benefit from using micromobility, whether it's a bike, an e-bike, an e-scooter, all kinds of different things. The problem we are facing is that we are a built-out community, we have parking constraints, we have terrible drivers in trucks and cars and motorcycles because we're in South Florida and that is just a fact of life here. So what we are trying to prevent is chaos and carnage on the road while the rest of the state and really the rest of the country catches up with us on how to operate all these devices in a manner that is safe for everybody as best as we can. I know there's a lot of discussion about personal responsibility and are we overreaching on some of our efforts. At the end of the day, it is not just about legislating what happens when a micromobility device makes contact with either another vehicle or another person. Many of these episodes happen in a way that don't even get captured by the statistics, and people get hurt anyhow. The statistics don't include the fact that the person might have walked away from a small car accident, but the person who hit the person is now traumatized for life because the person on a micromobility device came zipping out, not wearing a helmet, not doing the right things, not wearing lights at night, not obeying the laws of traffic, all these things. So we are trying to put together a comprehensive legislation that addresses as many of these things as possible to make this a better place that we can coexist to take cars off the road, to give people inexpensive, easy ways to get to where they're going. PJ, if you'd pull up the presentation, please. You can go to the next page. I'd like to thank Sarah Murillo, my aide, for getting a lot of this down on paper.
When was this submitted, Commissioner?
It hasn't passed, and it was submitted in April, for the record. It's almost a four week rule, but that's okay. This is just a very quick snapshot. It is very difficult to quantify the amount of damage being done by unregulated micromobility devices. It varies from state to state, from municipality to municipality. Lots of things don't get captured that constitute life-changing incidents, even if it doesn't end up in a police report. It's just a mess right now. And that is part of the problem that we are all facing. Next slide, please. These are just some snapshots going back over the last couple of years. People are dying. People are having near misses. People are, it's devastating. I did not submit the multiple videos that I could have submitted from doctors of people getting creamed because it's absolutely It's gross. It's absolutely devastating to watch, and that's another conversation for another time. It's happening too often. Next slide, please. And this is just the tip of the iceberg. You talk to anybody in a hospital setting, anybody in an emergency room, any doctor dealing with trauma, they will tell you that they will not let their kids ride these devices. They will tell you that it is the biggest scourge in the country right now, preventable. It's absolutely... beyond dangerous and devastating, right? You know, it's, gee, so sorry, this kid fell off a scooter. Well, this kid now has permanent brain damage, and this is a 14-year-old who now will never be able to function properly, right? So we need to think about this in a better, proper manner about how we're going to proceed as a community. You can scroll through to the next one. Again, these are just the ones that came up quickly in the last couple of years. You can scroll to the next one. Go to the next one. Just in the last couple of weeks, driving north to south to get to work and back to North Beach, I've seen children 8, 10, 12 years old doing wheelies in the Bayshore neighborhood. I mean, granted, this kid was wearing a helmet, so that was good. But doing wheelies, riding on a wheelie, his back wheel, into oncoming traffic at rush hour, zooming through the stop signs. This is a child, a 12-year-old child who doesn't know better, and his parents seem to be nowhere to be found. I've seen a ton of kids between the ages of 12 and 15 in North Beach Zooming around on dirt bikes on the sidewalk as if it's it's a it's a Track for them to play on it is a disaster waiting to happen and if we don't get ahead of it here now and it's going to bite us in the butt. And I don't think we want to be going to our friends' kids' funerals or our friends' funerals because somebody driving swerves to get out of the way of an oncoming micromobility rider and inadvertently hits somebody else or hits a light pole. We can do better. We must do better. The state actually, Tallahassee, is convening a statewide task force to get ahead of this on a statewide level. So hopefully they will use that for the good. Chief Jones is our appointee, and he will be working on our collective behalf to try to bring order to this chaos. But we're not going to wait for that. We have been working for the last couple of years, thanks to Jose and Mark and Hernan Cardeno and the police chief and his department and all kinds of other folks. Marketing has been doing a great job of communicating. This is just the next step in that. Look how old these statistics are from 2017 to 2022 and e-bike and the micro mobility devices have been have been increasing in their usage exponentially. This is how out of date some of these statistics are. But you can already see how dramatic this is. This is a study done in University of California. This is an aggregate of lots of different studies to show directional trends. We don't have For the purposes of today's discussion, I don't have only Miami Beach statistics. We can get them. That's irrelevant because it is a trend that is absolutely universal. If you can go to the next page, please. Again, increasing through the roof. If you can go to the next page. The faster you go, the worse the accidents are. That's not surprising. Go to the next page, please. This is how quickly these things are gaining in popularity. How much more frequently these devices are being used. So it's not just a handful of outliers who are using these devices. They are being sold and used increasingly. I don't have a way of doing a count right now. We're installing counters so they can talk about that in a moment. But we are seeing such an uptick in incidents involving micromobility devices in Miami Beach over the last couple of years since COVID and since the adoption of these devices. It's just it is coming. It's not a question of will it come. It's a tidal wave. We are at the beginning of it, and it is only going to get worse. Next slide, please. I'm not going to read this to everybody. You can read it for yourselves, but talk to any doctor. They will not endorse this behavior for their own kids, and they are begging people to be smarter about it for theirs. Next slide, please. You know, people look at the Netherlands and they say, oh, well, they figured it out. It's so easy. You know, they've got protected bike paths and education. And it's just a cultural thing. It was not a cultural thing in the Netherlands. It was not a cultural thing until people took to the streets because so many of their kids were killed. Think about that for a second. Entire cities took to the streets and said, we are done watching the cars kill our children. We are changing the way we handle this. on a municipal level. They instituted educational practices. They built bike infrastructure. They've done the things it takes to keep their kids from being killed. I'm not done with my presentation. May I please finish?
I'm just sorry. It just says car ownership.
Commissioner Bott.
Can I finish, please? Thank you. It's time to face the reality that we are not going to... be able to manage this without taking steps. And I don't want to go and have to have a municipal strike to prevent more kids from being killed, or more young adults, or more adults with young kids taking them to school. We need to do something to bring chaos to this, to bring order to this chaos. Next slide. I think that might be it, actually. So Mark, if you don't mind, I would like you to come up and walk us through the legislation. If you could talk to us about the process we've taken to get here, the robust input we've gotten from the transportation committee, with bicycle advocates, with the police department, with the transportation department. And we'll go through the item bit by bit.
I'M TRYING TO MAKE SENSE OF THE LAST SLIDE. THE LAST SLIDE CALLED OUT RISING CAR OWNERSHIP, NOT BIKE OR SCOOTER OR E-BIKE.
COULD YOU PUT THAT LAST SLIDE UP?
THIS IS RISING CAR OWNERSHIP. WHAT DOES THIS HAVE TO DO WITH
Because as people were using cars more and people were using bikes more, there was a conflict point. And so because there was no order to the chaos of cars and bikes coming into conflict, cars were killing people on bikes and micromobility devices. Well, bikes at the time. They didn't have e-bikes.
Okay. OK, yeah. So I mean, with regard to just this ordinance, for starters, obviously this just includes various safety equipment and regulations pertaining to micromobility device operators when they're operating such devices on public rights of way. A lot of these are in state law, although it takes a bunch of gymnastics to get here, but a lot of them are already in state law. What it would require is for all micro mobility device operators, when operating your device between sunset, and sunrise the following morning, you have to have a lamp exhibiting a white light that's clearly visible at a distance of at least 500 feet to the front, and a rear red light and a reflector that's visible at a distance of at least 600 feet to the rear. All operators and passengers of micro-mobility devices must wear a bicycle helmet. It's gotta be properly fitted and properly fastened and secured to their head by a strap, and it's gotta meet certain federal safety standards for bicycle helmets. THE DEVICE HAS TO HAVE ALL WRITERS? UNDER 16. SO 15 OR YOUNGER IN EFFECT. UNDER 16, YEAH. FUNCTIONING BRAKES CAPABLE OF STOPPING THE DEVICE WITHIN 25 FEET AT A SPEED OF 10 MILES AN HOUR ON FLAT LEVEL DRY PAVEMENT. And the micro mobility device cannot be used to carry more persons at one time than the device was designed or equipped to carry. No more persons at one time than the device was designed or equipped to carry. And it's in here, but just to read it. The restriction does not prohibit attaching a trailer or a semi-trailer to a micromobility device if that trailer or semi-trailer is commercially available.
It is or is not?
It is. If it's commercially available, you can do it. Commercially available and it has been designed for such attachment. You can do that. You can attach a trailer or semi-trailer to a micromobility device if it's commercially available and it's been designed for such attachment. And we also went further in this ordinance. You know, the commissioner, like I said, has been working a lot on all of this stuff, but got a lot of feedback and ultimately we have gone and done more than the state. We defined, assigned, or equipped here to try and provide some guidance and designed or equipped to establish that your micro-mobility device can carry two or three if you have more than one person. It can include such factors as the manufacturer designations and specifications when you look at the product sheet. It could include extra seats that have been installed, extra sets of handlebars, foot pegs, the total weight capacity of the device, the length of the deck, the width of the deck, and those type things. This legislation does that as a starting point. There's other things we're looking at, but this is a starting point. Like I said, this is primarily from state law. There's also been a lot of other, I don't know if you want Jose to talk about it, but there's been other steps and things you've done, but that's what this ordinance does.
Yeah, I also want to point out before Jose talks about some of the other things because this is not coming out as a bolt out of the blue. It's a little bit delayed from the other things we've been doing because it's taken such a long time to get to this point. We've tried to be very careful about this. But this will take effect a year after, a small section of this would take effect immediately, but some of the bigger things would take effect a year from when we pass this, which would give us time to do outreach to the community, to educate them about assistance we can provide to get them helmets, that we can go to schools and give them education, that we can have traffic enforcement between now and effect, the, effective date of this legislation. The goal is not to be punitive. I want to make that very, very clear. Nobody's trying to punish anybody. What we're trying to do is change behavior so we're not picking people and body parts up off the roads. It sounds like a small pain in the neck, But it's, you know, when it's your parent who is now not able to take her kid to school because she was knocked off of her e-device by a car or she ran through a stoplight and, you know, didn't realize or, you know, whatever the friction point is, they are constant. Anybody driving in the city now, whether you're driving a micromobility device or driving in a vehicle, I guarantee you you've seen a near miss every time you get into your car. I guarantee you. I guarantee you've seen flagrant traffic violations, people driving into oncoming traffic, people not stopping at stop signs, people driving through red lights, people crossing across four or five lanes of traffic into oncoming traffic because they don't think the rules apply to them. So we're going to effectuate change and have a year to educate people at the school level, at the parents level, at the HOA level where I've got plans to do a mailing to every single household, a small inexpensive mailing, don't worry, like a postcard with a website link so people can understand what is correct and proper and safe because people can buy these devices off of Amazon. They're supposed to go no more than 20 miles an hour You can download an app or take a screwdriver or do a small modification. Now you're going 59 miles an hour on these devices. No lights, no requirements, no licensing requirements, and chaos is ensuing. So that's why this is before us. And just to give context of what we've done so far, Jose, if you want to go through really quickly, just give some background.
Sure, Commissioner. So thank you. So I just want to highlight a few of the key initiatives that have either been implemented or are underway as a result of the micromobility working group that Commissioner Bott has chaired for the past probably two years now. At least. At least. So and all these are intended to enhance the safety of micro mobility users, bicyclists, pedestrians, anyone using shared use paths, sidewalks all over the city. So we've completed the installation of signage. A lot of signs along the Beachwalk, the Baywalk, and the Cutwalk. It's very clear signage. It basically tells all users to stay to their right, to follow the rules of the road, stay to the right. We drew a white skip center line down the center of the entire Beachwalk, all seven plus miles, plus the Cutwalk and the Baywalk up to 5th Street. where micromobility devices are actually not permitted as you know. So there have been a lot of signs installed that state that no motorized means of transportation on those shared use paths. telling people to stay to the right, telling people to slow down as they approach a curve. We actually walked the entire beach walk. Part of that was on a gator, part of that was on a bike, part of that was walking and areas that had dangerous curves or sightline issues we addressed through either signage or legislation that requires the abutting property owners to trim the shrubs along the beachwalk particularly, and there's been a significant improvement in that regard over the past several months.
Jose, if I can interrupt you for a quick second. Julio Blanco is like our poster child, poster boy for the beachwalk. He's not here today, but the number of infractions have gone down significantly just by putting these clear guidelines and so everybody knows the rules of engagement. There are still offenders. I mean, Julio was taken out by somebody who literally ran him over on his e-bike and Julio broke his elbow and was out for a few weeks. So it's not perfect, but the number of tickets and violations or just stops to educate people have gone down significantly through the beach walk, which was our first kind of test case. So we know this is effective.
And so one of the things we noticed early on is that we really didn't have a lot of data in terms of usage. And in terms of how many micro mobility devices versus bicycles versus pedestrians were using some of these critical shared use paths in the city including the beach walk. So we've installed counters on, we've installed eleven counters along our bicycle lanes throughout the city. Those counters distinguish between bicycles and micro mobility devices and then specifically along the beach walk we're in the process of installing six sensors that can detect also the difference, you know, whether it's a micro, whether it's a scooter or a bicycle or a pedestrian, and the speed as well. Digital speed feedback signs are being installed along the beach walk. They've been programmed.
Yes. Vice Mayor, if you don't mind, can you explain how do they determine if it's a bicycle or an e-bike? Sometimes it's hard to tell.
It's based on the specifications of the device and the wheelbase because there's sensors that are placed On the pavement, and depending on the distance, it can tell whether it's a scooter or a bicycle.
It's basically based on... No, but I'm saying, does this tell the difference between an e-bike and a bicycle? Between an e-bike? An e-bike is a micromobility device. Well, technically they're all micromobility device, but this is a battery-powered micromobility device versus a bicycle. Does that technology exist?
So that I'm not sure, Commissioner. I'll find out now in a second. I know that there's still some...
I know it's easy to say if it's a scooter. or a bicycle.
Correct. But between an e-bike and a regular bike, I'm not sure, but I'll find out.
I would imagine it also depends on the style of the e-bike because some are built heavier and different from a bicycle, like you can tell. But regardless, not that this is not an important conversation. We can just take it offline because those are already installed. Those are already happening. So that's separate. Right.
I just want to be mindful of the data that we get to say, like,
there's you know assumption made that there's this many micro mobility devices this because I know some road bikes that are you know push pedal they can go 30 40 miles per hour well and and this this applies to all of the devices so it's not just if you're an electrified bike it's it's a bike people need to be operating these vehicles safely and so we are distinguishing between what you can and can't do. And so I hear your concern. We can get into that.
Yeah, I just want to make sure that it's nuanced when we get that information. Okay, so please.
And then some educational efforts as well. We developed a flyer that has all the rules where micromobility devices are allowed, where they're not allowed. different regulations that currently exist around the city, depending on the type of path, and conducted a micromobility town hall sponsored by Commissioner Bott. This was in September of last year. And other similar, either educational efforts, enforcement efforts, engineering efforts, to try to just raise awareness and improve the safety of the users, all users, really, on these facilities.
Through the Vice Mayor and Commissioner Bach, thanks. I want to just go over some of the pillars of this legislation. I think it's pretty common sense to require that all scooters should have a white light on, okay, and proper braking, of course. I think where, I think we really have to think about this is what is enforcement after your life? Because if you have kids going to school, you know, that's like five blocks away, they're on a scooter and they don't have a helmet, are we really gonna want police officers pulling them over and giving them a ticket?
So can we have, Chief Jones come over please come up. This is something we've talked about at great length The goal is not and I said it today. I've said it before talked about it the Transportation Department Transportation Committee at length the goal is not to be punitive and officers have the discretion to Stop and engage and educate versus stop and write a ticket now if you are going to be a total I think the technical term is jackass and be violating traffic rules and riding in an unsafe manner and doing wheelies and going in and out of traffic, that might get you an actual violation. If you're a 12-year-old on your scooter and you don't have your helmet, there might be an officer. He's not going to chase you down, but might be standing there at the school zone and say, hey, remember, you're supposed to have your helmet. Make sure you wear it next time. I think that is part of the educational process. In the Netherlands, in other countries besides the Netherlands, they actually have part of the school curriculum An education process, if I remember correctly, it's at two different points, but it's certainly at one point where you cannot graduate a certain grade level without having passed safe rider classes on your bike or your scooter. And that is because it is so important to your well-being as a human being to not fall off and hit your head or not get creamed in oncoming traffic. So that's what we are going to be doing. I know we have, thanks to ,, a fleet of six new e-bikes that are going to be used throughout the city. We've identified with the police department some hot spots where we've got people, not children, generally adults who should know better, who ride in very unsafe manners, that we are going to be putting up No, just putting up, not roadblocks, but having officers stationed there to be able to educate people like we did on the beach walk. And so, again, it's not punitive. It is not punitive. It's about the education.
And I get it. And respectfully, I'm just having a dialogue here because, you know, I'm going to be probably just venture to say I'm going to be the one here just trying to really work through this. And I want to work with you on this. I understand it's not punitive, but at the end of the day, if the officer's discretion is to write a fine, to a 14-year-old going to school or a 15-year-old because that kid, I don't know, doesn't want to obey the law or just says, you know what, I don't want to see a cop right now. I don't want to get pulled over. And then they run away. There's all sorts of reasons why a 15-year-old child may not want to get pulled over or the discretion of the cop is to say, you know what, I've seen this kid not wear a helmet five times, you know, riding his bike, riding his scooter to Miami Beach Senior High. I'm going to write him a ticket. I don't know if I feel comfortable with that. I also don't feel comfortable, and again, this is assuming after our education period, a year, we have all the sorts of information that we work with the school board on. I'm thinking two, three, four years down the line. I don't know if I feel really comfortable with police officers pulling over 15 year olds on a bike because they're not wearing their helmets and giving them a citation. I just, I don't know.
What would you say if you saw a 15-year-old spraying graffiti on a park bench or on a wall?
But there's a difference between doing something illegal and doing something... This is illegal.
This is illegal. It is illegal. It's in the state laws.
Well, is it a state law to not wear a helmet on a bicycle?
On a micromobility device if you're under the age of 16, yes.
So then why are we codifying this at the city level?
It makes it much easier for enforcement for us to have our definitions here, to have it in our city code. Right. For officers to not have to do mental gymnastics and going to the state law for bicycles and extrapolating to electric bikes.
Right. And look, respectfully, I totally understand the intent. I think you're coming at this from a really good place. And it comes from a very maternal place where, you know, we're both parents and we both care. I'm just saying the unintended consequence is that you're going to have police officers pulling over teenagers for not wearing a helmet. And I don't know if I feel comfortable with that.
Then don't support it. I mean, it's against the law currently.
I understand. And you know, but we but the police, you know, right now, we I don't think the best use of resources is going after teenagers, not wearing a helmet. And let me finish respectfully. There are a lot more dangers to teenagers in Miami Beach than them riding a scooter or an e-bike, not a helmet.
You know, if I might just to that point, I don't think that the police officers are going to pull over a kid for not wearing the helmet unless the kid is doing other things that are egregiously dangerous. I think that we have to trust our officers who do have better things to do to look out for the well-being of their residents when there is unsafe behavior. Is it not great for a kid who's 14 or 15 years old to not be wearing the helmet? It's not great. Is it not a huge deal? And so they'll let it slide or maybe just call them over and say, you know what, you need to get your helmet on. That's one thing. If that kid is popping wheelies and zooming in and out of traffic as if the laws don't apply to him, that's a different conversation. And that's the behavior we're trying to address. effectuate with change. In three or four years from now, if this goes properly, we won't even be having this conversation.
But I don't think a helmet mandate is going to prevent bad behavior on the road.
It's currently the state law.
Yeah, no, I get it, but the argument you're saying is that if we mandate a helmet requirement for under the age of 16, they're not going to pop wheelies or go against traffic.
That's not what I'm saying at all. I'm saying that it often goes part and parcel. I mean, we saw kids, I see kids, I must have seen four or five this week alone who were wearing helmets and who were popping wheelies and going in and out of cars into oncoming traffic. The helmet, for those kids, it's the least of it. It's the least of it. So these are all things that are gonna work in concert.
Would you be okay with a possible mandatory warning per individual? even after the education period where a police, you know, and we have it codified so that there is no gotcha, you know, because we have residents move in all the time who are going to be coming in beyond the education period and who may not know that there's
I would put it this way. I would encourage the officers to first go with a warning and if there is some kind of, you know the way when you get pulled over for a traffic stop. If you hand over your thing and you have a conversation and they're like, you know, you're driving like an idiot, please don't do that again. They have the ability to do that. If you have an attitude and you get all testy, then you get the ticket. So I would defer to the officers and there's going to be training involved and I think we say you know, wherever appropriate, let's give a verbal warning. And when people, if people are recalcitrant in their attitude and don't try to understand what the deal is, I mean, the normal response is, oh, gotcha, I'll make sure that happens next time.
MR. I just want to be able, and respectfully, if it's possible to put in writing or in law that there has to be a warning first per individual. Remember, we're dealing with individuals whose brains haven't fully formed. All the more reason, my friend. I understand that. And for one reason or another, they may... Get into disagreement with a police officer pulling them over and, like you said, be a jackass. And that cop goes, you know what? You're a kid. You're a jackass. I'm going to write you a ticket. I just want to avoid that situation. I think it solves the problem. You get a one-time warning. After that, there's no more warning. But I would like to at least codify the fact that our residents get a warning.
How about this? This is first reading. Let me go back with the team and have a conversation with them and see how we come back. for a second meeting.
I'm OK with that.
I mean, just to put things in context, we have other states that are holding parents accountable for the actions of their kids, sending parents to jail because their kid has caused mayhem. And so we're not there yet. But we could be. So I'm suggesting let's do all the things that we can do to make it easier to educate our residents. And you're right, people move in and out all the time. So I think it's not going to be a terrible idea to have for the next few years, at least, until this is common practice, a small sized postcard saying, Just a reminder, here's how you use these devices. Here's where you get more information. If you want to talk to a police official to learn how to do it in the safest manner possible, we're here to help. So I think there's a lot that we can do to make sure that we give everyone the benefit of the doubt. But at the end of the day, we do not want to be picking pieces up of children or parents or anybody from the road, nor do we want the trauma of somebody who did not see the kid or the 25-year-old coming out of nowhere with no lights, no helmet, and now the driver has PTSD or has ruined his or her life because he inadvertently or she inadvertently hit somebody.
Yeah, and I think the intent is for education, right? Yes. And what I'm saying is I think a part of the process is a warning part. is the education period and then the enforcement comes after that.
MS. And that's what's in here. That's literally what's in here. We have a full year plus. MR.
But I'd like to mandate a warning before any sort of fines be given to teenagers. MS.
So like I said, which you disagree to, let us work on that between first and second, see how we can make that work for everybody and see if that doesn't Negate what we're trying to do because I don't know if it obviates then the state laws I don't know because we haven't discussed that so let us work on that But um, you know, if my colleagues any of the other colleagues have comments, I'd love to hear them.
Otherwise, I'll move it So I'll say this at the beginning of this item and I'll through the vice mayor Thank you at the beginning of this item you know, I I think parents have responsibilities over their children and if you're letting your kid out of your house without a helmet, that's a lot of your responsibility. However, in this dialogue, what I didn't realize is that this is already the state law. and that we are, in fact, codifying what already exists in the state, and that failure to codify this makes the process more difficult for our police officers. And that's my takeaway from you, Mark. Is that correct? That's correct. Chief, you're standing here. Your officers are the ones who are responsible for enforcing this. How much more difficult is it having to go through the state law as opposed to a municipal regulation?
It certainly makes it much, much easier, Commissioner. What? It certainly makes it much, much easier for my police officers to enforce.
And does it save time? Yes. Okay. And so to the extent that this is already being enforced... And we can make the process easier for our police officers. And we're not the ones that are changing the law. This is enforced one way or the other. It's the avenue of enforcement that we're providing. Do they go into one set of books through the states and flip through that trying to find that regulation? Or do they go through something that they might be easier to navigate as our code. So with that, I'm fine supporting this because that is my takeaway. We're not creating the law. We are simply adopting the law to make the work easier for our police officers. Thank you, Mr. Mayor.
Thank you.
All vote? I need a second. I'll second. IT IS A PUBLIC HEARING. I HAVE ONE INDIVIDUAL IN ZOOM REQUESTING TO CALL TO SPEAK. CALL IN USER 7 AS A SCREEN NAME. PLEASE IDENTIFY YOURSELF. YOU HAVE TWO MINUTES.
NEW SPEAKER Hi. GOOD AFTERNOON. MY NAME IS MATTHEW GOLTANOV. I WAS HERE EARLIER TODAY FOR THIS ITEM BUT UNFORTUNATELY I HAD TO LEAVE TO PICK UP MY CHILDREN FROM SCHOOL. but i want to start out by i want to thank the sponsor commissioner tanya bott i know that she's been working on this for a long time and she has taken input from many different stakeholders in the community including those that are advocating for greater bicycle and micro mobility access and infrastructure throughout the city so i want to thank her she has had an open mind. She has massaged some of the language in here to remove some of the friction that was a concern because as many of you know, micro mobility and bicycles are growing amongst our neighbors and becoming a very extremely important mode of transportation for many people in the city from all different walks of life. So I think that definitely this legislation has gotten to a place where it's of less concern than it was initially when it was first proposed. So I do appreciate that. One thing I want to say, though, is that I think one of the big concerns we hear about people riding really fast, et cetera, that is a different item. It's e-motors or electronic motorcycles or electronic dirt bikes. And generally speaking, those are not legal today to ride on the streets. And just a little story here. One of my neighbors, I saw a bike that a kid was riding. I looked it up and the motor on there is 11 times more powerful electric motor than the motor on my bicycle. And for those that have seen it, my bicycle is equipped and designed to carry passengers, equipped to design, carry two children, actually. And yet there are some children that are riding bicycles that are 11 times as powerful as that. So that is something that can be addressed today. key motorcycles throughout this city and bring us all back.
Our next caller is Karen. Karen, you have two minutes. Please state your name and address.
Thank you. It's Karen Rukas again. Thank you very much for this opportunity. As an occupational therapist, I used to work on neurosurgery and would see many individuals, both adults and children, who've had serious brain injury as a result of a car accident where the structure of your car protects you. When those people are on motorbikes or these sorts of mobility devices, of course, their injuries are far worse. They're lucky to regain consciousness if they hit their head. But let's look at the various jurisdictions and what they mandate for helmets. For instance, Austria. helmet required for children up to 12. Croatia, helmet required under 16. Estonia, under 16. France, helmet mandatory under 12. Israel, helmet mandatory for under 18 on inter-urban roads. Latvia, under 12. Malta, under 10. Slovakia, under 15. Slovenia, Spain, I can go on. Sweden, helmet required under 15. South Korea, under 13. Canada, you know, various provinces, but most of them are under 18. I'm just saying when you start to examine other jurisdictions, there's a reason why they have helmet laws and it reduces health care expenses and more so reduces agony and suffering of not only the child, but the parents, the family, the siblings, etc. So I strongly encourage helmet wearing for children. And even for adults using these devices that are speeding down our roadways and sometimes packed with multiple passengers on these small scooters. So anyway, thank you for your time.
Thank you. I see no one else in the audience requesting to speak. Would you like me to call the roll? Call the roll. I have a motion by Commissioner Bott, seconded by Commissioner Suarez, Commissioner Magazine. Yes. Commissioner Fernandez. Yes. Commissioner Suarez. Yes. Commissioner Mateo Salinas. Yes. Vice Mayor Dominguez. Yes. Commissioner Bott. Yes. Mayor Miner. Yes. Second reading public hearing scheduled for June 24th. The motion passes. That was item R5AA. Thank you, Commissioner Bott. Call the boards and committees. Yes, sir. Everyone should have a blue paper with them. For every nominee, there's one seat, so there's no competition. I move them all.
Second.
I have a motion by Commissioner Fernandez, seconded by Vice Mayor Dominguez. All in favor, please say aye. Aye. Any opposition? Hearing none, all the appointees are made. That was item R9B.
Let's call C7AI.
C7AI is moratorium on adoption of ordinances to increase water, sewer, storm water rates. C7AI was separated by, let's see, Commissioner Bott and Commissioner Mattel Salinas.
I pulled this item I think it is a dangerous precedent to adopt a moratorium on something before we've even discussed the item before us. Not before us, but the item in question. I think it's a very complicated issue about how we're going to pay for our infrastructure, our critical needs projects. and to preclude us from even having the discussion before we've had the discussion, I find that concerning. That's why I pulled it.
Mr. Mayor.
Commissioner Fernandez.
Thank you. And I just want to make sure that we are clear about what the item does. The item doesn't prohibit discussions. I'm not sure where in the item it mentions discussions. I think when we look at the title, it speaks to the adoption of ordinances, and this body certainly is very much able to engage in discussions the way that it has been engaging in discussions, whether it be at the finance committee or the budget retreat that was held, or whether it be the robust discussions we've had on this dais as recently as our last meeting. But what this is speaking to is realizing and understanding the fact that it's very expensive to live in Miami Beach right now. We are in a period of time where the economy is working against a lot of the very residents who will also be affected by the impacts of water and sewer and storm water rate increases. Residents living on fixed incomes, on Social Security checks, condo owners who bought in our city under a completely different framework of state regulations that today are facing increasing insurance costs. They're facing increase in assessments. They're having to meet reserves. Homeowners who too are facing, single-family homeowners who too are also facing the increased costs of insurance, who have seen their tax bills go up over time, even though we're not raising the millage rate, but they do end up paying more in taxes. There is a lot that is working against our residents. It doesn't prohibit this body from having discussions. We're very capable to have those discussions. We're also very capable to identify what other means do we have to deliver on our critical infrastructure. How do we move millage within the tax bill as Commissioner Suarez has proposed so that when we tax our residents, we use and we prioritize those dollars. on the infrastructure and we don't go back and build them now a second time on something that could end up costing our residents over $1,000 a year in increases by 2037. This is concerning because year after year after year, it's becoming more difficult for our long-term residents to live in our city. And we love to speak about the wealth that moves to Miami Beach and the billionaires and the celebrities and the high-end restaurants and the financial firms that are coming into our city. But we also serve individuals who are poor, individuals who are elderly, individuals who are dealing with with what was published this morning on the Miami Today. On the Miami Today, they were writing about the cost of living. Nationally, gas prices jumped 28.4% over the past year. With South Florida, hit even harder where we exceeded the national increase. We're at 34.2% on the CPI for gas prices, significantly higher than the national average. And then the cost of housing. The cost of housing continued to outpace in Miami compared to the rest of the nation. Food costs increased significantly locally and nationally as well. The cost of medical care went up significantly. The cost of transportation went up significantly. And this is all stuff that was reported this morning on the Miami Today about the impact that CPI is having on the cost of living of people here in South Florida. Now, there's a lot of things that local government cannot control. We can't control private insurance companies. We can't control assessments. We can't control the price of gasoline or the price of milk and bread and eggs at the grocery store. But we can most certainly control how we currently use the revenues that we currently get to meet our critical infrastructure needs and we can certainly control whether we pass along the burdens of an aging infrastructure system through utility rate increases to the residents and taxpayers who I feel a great deal of responsibility to protect from further financial burden. That doesn't prohibit us from engaging in discussions because I think we always need to think innovatively. Over time, I've been speaking with the city attorney's office about the possibility, is there a way that special taxing districts and neighborhoods that really want to move forward with it, is there a way, as Commissioner Suarez has put forward, where you move the millage, you are already taxing our residents a certain amount, How about if you move that same millage less from the general fund and moving it, shifting it over to capital so that you can meet the critical needs of our community without going back and dipping further into the pockets of our financially strained families who are going through a tough moment in this economy. Thank you.
And through the Vice Mayor, because I'm the co-sponsor on this, 100% agree. And the issue with raising water rates, it's a regressive tax. So if you are on a fixed income, you're paying above and beyond what you normally would at any other period while If it, for what I'm proposing, based on a millage and your property taxes, it's progressive. It's going to speak to how much your property is worth, how much more can you pay. But if you are in a fixed income, if you're living at Rebecca's Towers, and now you have to pay double what you were paying on Waterbill, and you don't necessarily see that, I don't think that's fair. I know we have like West Avenue Phase 3, First Street, North Shore, Normandy Isles. These are projects that are not just pipes in the ground. They're also landscaping. They're going to make the area substantially better and of higher value, which is great. But that should really come from... A PROPERTY TAX, NOT A TAX ACROSS THE WHOLE CITY WHERE WE ESSENTIALLY DOUBLE THE RATES IN FOUR OR FIVE YEARS. SO I TOTALLY UNDERSTAND THAT IT'S VERY EASY TO SAY NO. AND THAT'S WHY I PUT FORWARD AN ALTERNATIVE TO FUNDING THESE PROJECTS. And I think this is the much more equitable way to fund these projects as opposed to taxing everyone with a regressive tax as far as a shotgun approach. And I appreciate Commissioner Fernandez co-sponsoring me on this. Because, look, it would have been really easy for me to come in here, many of us to come in here and say no, but without offering a solution. So Commissioner Bott, to your point, obviously this is going to be fleshed out at committee. But I am offering a path for us to.
But that's a different item. This is the moratorium.
And to that, I think it's only six months, right, Commissioner Fernandez? It's a referral.
Yeah, let's call your item since we're talking about it.
We should call it together.
Let's call it together. Okay. The item that's being referred to is C4T. It's a referral. It's a referral. Referral to FERC Fund Resiliency Neighborhood Infrastructure Dedicated Capital Millage. And it's being co-sponsored by Commissioner Fernandez. It's being sponsored by Commissioner Suarez. You have a copy of it on the dais.
And just to recap, look, we have a certain millage for capital infrastructure. We have a certain millage for general operating. What I'm proposing, and not to ruin the surprise for our finance committee, is just we reduce one and reduce a millage for one to give to another and i believe we need about eleven million dollars a year for eight years extra to fund these these projects and what i'm proposing is about fifteen million so that we can also still lower our taxes, I understand that we're not going to possibly be able to do the rollback rate, but there's still going to be cuts to be made from one department to fund another department. So that will be flushed out at discussion. But what I want my colleagues to know is I've proposed a path for us to fund these projects in a more fair and equitable way. And I think we can do that over the next couple of months.
And Commissioner Suarez, I'm co-sponsoring that because, you know, we are already taxing our residents and we have a $1 billion budget. And the way that you are proposing it, it makes sense because within those one billion dollars, adjusting the millage and shifting is prioritizing the dollars. What is the bare essentials? We talk about public safety, we talk about cleanliness, critical infrastructure is among the essential functions of our city government. And we have to make sure that what we are collecting in taxes is dedicated to those priorities, which are the essential functions of government. And then once we meet that, then we continue building upon all the other services that we provide. But we first need to prioritize the core function of our municipal government without having to go in and double dip Our residents through a rate increase. Exactly.
Commissioner Mateo Salinas, then Commissioner Bott, and then Commissioner Magazine.
I pulled this because I just have a question, and I don't know how feasible this is, but is it feasible, I guess, Mr. Attorney, to do a GO bond for water and sewer increases and to fund infrastructure projects? What would that look like?
That would be feasible. It would require a referendum, of course.
But we could do that, essentially? Okay.
Commissioner Botha and Commissioner Iverson. Well, can I answer? If you're answering, yes.
There's two types of bonds. One is a geobond. this is a revenue bond, right? So, when we talk about raising rates, it would be issuing more or less bonds, but it's not called GEO because it's from an enterprise fund. This would be a revenue bond that is specific to these enterprise funds. So, more or less, it would be raising a bond, but that's essentially what we're doing here.
But I specifically want a bond that goes to the electorate so that way people will have the opportunity to voice if they want to tax themselves or not so that way it's not on us to pass a tax. And if they vote it down, they vote it down.
It's not a bad idea.
So that was what I wanted to bring up and to see if you all would be in agreeance of that and maybe get something on the ballot for the fall.
I am very interested in the proposal that you're bringing, Commissioner Suarez, and your co-sponsoring. I think my frustration is that we are making draconian moves with this moratorium, and I know you and I have a difference of opinion on this, without having had the conversation yet about how to get the funds we need for the work we critically need without double dipping on our residents. I think we're unified, all of us on this commission, that we do not want to hit the residents who can least afford it the hardest. My concern is that we haven't had those conversations yet. And what I'm reading in here in the last paragraph is that the moratorium cannot be repealed unless we have a rescission of the resolution by 5-7's vote or we have a public safety emergency, which is a catastrophe. I can imagine a condo building where the sewer system fails. Hello, cholera. Do we really want to be doing that to our residents? I don't. or having a consent decree put upon us by the county, the state, the feds. I don't know. To me, that seems very draconian. And I understand where you're coming from. I get it, because we've sort of danced around us. But because we haven't, as a body, had the full presentation from John and from Eric and from from Jason about how we can effectuate what we need to get done in a robust, open conversation. We're effectively taking that off the table. I love the fact that you've got something going to FERC. I think that's a great starting point. But to put this out there and vote on this first, I think, is putting the cart before the horse and scares the crap out of me, no pun intended. It really does and I know where it comes from. I know you, I think everybody on this commission is really concerned because cost of living in Miami is high under the best of circumstances and Miami Beach is under the best of circumstances. When we see our friends and our neighbors on fixed incomes or folks who have lost jobs or whatever really struggling, nobody is trying to punish anybody. We desperately though cannot afford to not move forward with these projects. I'd like John, if you don't mind, to come up and talk about that a little bit. So respectfully, I understand where the goal is on this. I think it's too early for this. I would make a motion to defer this until we've had a little bit further conversation. We hear the item at FERC. We hear from John. We have some conversations. And if in a few months, we talk about having a geobond that goes to referendum, and if we still haven't come to a better place, Then maybe we talk about a moratorium. This scares me to death.
If I could respond to you, and I appreciate that we've been having this discussion for a long time. But we haven't had it fully. This city commission has been discussing water and sewer rate increases for a number of years now. And we haven't done it because we understand the impact that this will have on the lives of our residents. And I like the idea and the creative thinking of doing a referendum for a bond on our residents. That's a tax. That is a tax that will get passed down to the very same people who we are trying to protect. And what I like about the idea that's being referred to finance is that it's about prioritizing our dollars that we are already taxing our residents. It's not going and asking for another tax or millage rate on our on our residents and and it's not Increasing the water rate on our residents. It's it's about saying we are already collecting money from you how do we reprioritize it to the critical functions of our municipal governments and and and I think that A city of our size with a $1 billion budget should really be able to function within that. And it might mean that for a certain period of time, in order to prioritize the essential basic services of municipal government, we might not be able for a certain period of time to fund some you know, extra luxuries that we pay for, but every budget, even household budgets do that. If you realize you need to go in and you need to fix your roof, or you need to fix your seawall, or you need to address other issues, you might forego the luxury of going on a trip. You might forego, you know, going out to special dinners or whatever it may be. You reprioritize your budget to accommodate that. And to me, this is our very basic responsibility, and we shouldn't be charging our residents more, whether it be through a new tax or through a water and sewer increase, when we are already collecting from them significant amount of taxes.
Respectfully, I would suggest that The reason we're in this situation is that, and correct me if I'm wrong, Eric and Jason, is that previous commissions have not done this, have not done this in 30 years. And that's why our rates are woefully antiquated. If we'd been keeping up with inflation, we would be in a much better position. We have not done the work for decades. We are at points of critical failure just about. We're going to lose millions of dollars of grant funds if we don't figure out how to do this. Again, I come back to the fact that we need to have the conversations and figure out the ways to do it and look at the item that you guys are bringing to FERC and see what everything is going to cost. But to do this with those three choke points, five-sevenths, critical emergency, or consent seems draconian and a terrible precedent to set. And I would like to see John and Eric, I'd like to hear what you have to say in principle. And John, I'd like to see where we are on this. I really think this is dangerous.
And before the city manager or public works director speaks, you know, Commissioner Abbott, you bring up a good point that the previous commission has not brought up. Commissions. Yes, commissions. you know decades right to a certain degree but they also have not prioritized their spending right and and i think that's the more responsible approach to how to fund these these projects and i think what commissioner fernandez's moratorium is the intent is to force the administration into prioritizing, and also us, into prioritizing where do we spend our money. I don't particularly like trying to borrow money to spend for today. I don't think I'd be in favor of a bond, of another GO bond, because that just means it's another tax that everyone's going to have to pay. I would rather focus on the billion dollars that we have every day, that we have every year, and prioritizing where that goes. And similar to what Commissioner Fernandez says, yes, there's going to be some luxuries that I think we're all going to have to feel the pain on, but the core tenets of government, of just basic local government, public safety, sanitation, infrastructure. And we're the only city in Florida that has lost residents, yet our budget keeps on going you know, we're a billion dollar budget for 80,000 residents. That's like unheard of. It's crazy. So I think this is, I think this is a good, I think this is a good position to be in where we are not only forcing the administration, but we're forcing ourselves to take a deep look and say, where do we want to prioritize our billion dollars every year?
And I feel like we can do that without this draconian measure that requires a five-sevenths or a critical emergency or a consent decree. And I wanted to follow up.
And respectfully, I wanted to follow up. And I think, and I'm not going to put any words in anyone's mouth, but There is another item on this agenda to allow the city staff to put items on the agenda where they, for example, Mr. Manager can put on an item to say, well, we want to increase the water taxes. And I think that this moratorium is going to be able to prevent that even if that item passes. And so I think this is a fail safe for
Anything that gets passed today or in the future until we prioritize our spending so I'll let Commissioner Fernandez be that I agree with you 100 100 percent because you know absent us adopting this we will end up with an ordinance before this body and to increase water and sewer rates. If the other ordinance that's on the agenda passes, I would give chartered officers in our city the ability to place an ordinance on the agenda. And as someone, like all of us, we all represent elderly people, people working multiple jobs, people feeling the stress of the economy. They cannot deal with another increase. And we've all been getting the emails and I've been getting the emails. This goes directly to people's quality of life. We take pride on this condition to focus on the quality of life of our residents. We do take great pride on that. And each and every one of us take great leadership in advancing the quality of life of our residents. But for those who are not wealthy in our city, for those who are not rich, for those who are not in multi-income households earning hundreds of thousands of dollars, this will go directly to their quality of life, to their ability to continue living in our city or to even afford rent in our city. And using water, using the sewer system, it's not a luxury. You can't choose not to use it. And we have to be just incredibly mindful of that. You might choose not to go to dinner. You might choose not to buy a new car. You might choose not to go on vacation. You cannot choose not to use the water and sewer system in our city.
Through the Mayor. Yeah. You know.
I'm going to call time out because Commissioner Magazine has asked. He was next in order, and I've let it go on for a while. Commissioner Magazine, then Commissioner Mateo Salinas, Commissioner Bayh. Then let's try to get to a resolution on this because we've got still a lot of items to get through.
So I appreciate the debate, the discussion. People bring this item. I'm going to be voting with this item, but I'm not going to be wishy-washy about it, and I refuse to let us be. Okay. It sounds like good efforts. Oh, we're going to find money somewhere else. We are not. These are big projects, and they're not one-time projects, right? You can't do this by saying, well, we're going to try and save $5 million next year, and maybe next year we'll save three, and the year after that. The reason you need these rates in place for projects like this is they're not paid over one year. They are paid over time, and you need a predictable revenue stream. And trying to get that revenue stream by finding cost efficiencies in other areas is not how these projects are funded. That is municipal finance 101. So I will, if this is what the residents want, and that's the will of this body, I will vote yes on this moratorium. But I refuse to be wishy-washy and tell people, well, we're going to do First Street. No, we're not. We are not, okay? So let's be honest with people. Let's be honest. I will say I'll vote for this moratorium, but I'm not going to go and promise that we're going to do First Street because we're not. So let's take the stupid cones that are there prepared. Actually, I think we have a separate ordinance for that, right? And just be honest, okay? I don't want to not pave roads for the next 15 years because we're waiting for these projects in perpetuity, okay? So we can explore how to save money, and we should be doing that all day, every day anyway. But correct me if I'm wrong in this or any of this, but let's just be honest and say if we are going to freeze our rates and This is the consequence of doing so. We know the benefit. We've articulated it all very well. It is saving our residents money that they need to have. People are being pressured. People are being crunched. We've heard from our residents loud and clear via email that this is what they want. They want a pause on rates. but I will not talk out both sides of my mouth and say, well, don't worry, we're gonna pause your rates and we're gonna go over to my committee and we're gonna find $25 million every year for the next 20 years and we're gonna do all these projects, we promise you. So John, list out the projects and their costs. We have funding, just about the funding for West Avenue Phase 3, but then I wanna go through the projects that are up in line, talk about the size of those, how much they are, And these are the ones, to be clear, we do not have funding for.
Or that we're going to lose our grant money for.
Yeah, excuse. That we have our – we do not have funding for, and we're not going to essentially have any – any certainty to go forward on these because we can't just do so with this hope that we're going to find year-over-year cost efficiencies. That's not how these projects work. You need certainty in the years going forward and a dedicated revenue stream, right? And without that, you can't do these projects. We can't do a multi-year project for $100 million. West Avenue was $100 million. You're never going to save that in one year, and you can't start one of these projects until you have a full revenue stream. You can't say, well, we saved $10 million this year, and I hope for the next 10 years we'll save $10 million each year, because that's how you essentially start a project. And two years into it, you have to abandon it, because you lose money. Okay? So let's at least... have all sides to say, this is what we're voting on. And that, our job is difficult, right? It is never easy that you can have your cake and eat it too, right? So we're going to say, I know I'm going to say, because I've heard from my residents loud and clear, yes, we're going to pause our utility rates. But I'm not going to say, but don't worry, we're going to move, I think it was my predecessor that said, shake the money tree. and find money to go do First Street and then find money to go do Normandy Isles and the other ones that we have in place and ready to tee up. And the second, this is somewhat of a tangent I'm going on. I'm just going to say to move on, there's no response. But we sit here, and rightfully so, because so many people in this city and this country are pressured by costs. There's one single cost that impacts our residents 10 times more than any else, right? Over I think half of our city are renters. Rents have gone up two thirds. Rents have gone up over 100%. When I moved into the Floridian, 10 years ago, a tutu on the Bayside was $2,500, $2,600. It's now $6,500, $7,000. Families from my daughter's school, gone. My friends, young professionals, gone. My daughter's mother, that's the hardest worker I've ever met in my life, cannot afford to live in the city where her daughter is being raised and going to school. Because we refuse to do anything for housing supply. Anything. There is one simple way to help housing costs. And that is facilitating housing supply. And we have failed disgustingly. All of us. Me. Every single one of us. We've talked about it, and we'll sit here and make these changes around the edges to save people 25, 30 bucks a month. Great. People need every dollar they can get. But people's rental costs are going up hundreds or thousands of dollars per month. So we're going to pass this, but I'm not going to walk out of here feeling good that I saved everybody all this money, because I know every single month people's housing costs are going up. And we have so artificially constrained the supply of housing in the city, perhaps more so than anywhere else on the face of this earth. And we talk about it, I've talked about it for ten years when I was on the planning board, when I was in the neighborhood committee. Yes, we're going to do something, and we do nothing. And that is what is killing people. That is what is causing people to move out of the city. Is it hurting people, an extra 20 or 25 bucks a month on utilities? Yes, every dollar counts. But that's not why people are taking their children from school in the middle of the school year to move out of the city because they can't afford the cost of their new lease. So we don't have to get into a drawn-out conversation about this because I know it's not the focal point of this item, and we have a very core discussion that's important in front of us on the rates. So I'll bring this ship back in and talk about that. So, yes, I'll be voting in favor of the moratorium. I will ask for collegial... discussion on whether the vote to undo the moratorium is better at five-sevenths or four-sevenths. I'm not strong one way or another. I do kind of feel if you have four people sitting there and willing to raise their hand and vote, yes, I'm ready to raise your taxes. That's probably a high enough threshold that that might do the trick, right? But I'm not dogmatic about that. I'm happy to hear debate and things like that. But I do want to hear from you, John, that I won't be wishy-washy. I'm going to own this decision, okay? I will own this decision. I'm going to say I will vote for this rate moratorium. I'll even co-sponsor it, actually. But I'm also going to be very clear, upfront, and transparent about what we will not be doing. I'll turn it over to you.
Before you speak, John, Commissioner Mateo Salinas asked us
I just, I actually want to echo, you kind of took the words out of my mouth, which I appreciate. And then John, I do want to hear from you too, because every time we get these emails that said, that says we don't support this, the sewage rate, I want to say, well, which projects do you, which neighborhood are you going to take this out of? Which is it going to be your neighborhood or your neighbor's neighborhood or, you know, and it's, but people don't get that side to it, you know, and I, and I wish we could better educate them that this is, this is, you know, John and I'd asked you for a list of all these projects. This is what we're, we can't pay for are these infrastructure projects. So it's not just as black and white. I just feel that people don't know that we want to raise these rates. And yes, affordability is an issue here, but we're not just raising the rates to raise the rates. We're raising them to pay for these huge infrastructure projects that some people want in their neighborhood And we've already been getting some emails saying well How is this? pump station gonna get men and how are these pipes gonna get replaced and we just had a water main break at date and Prairie and we had a sinkhole and we damaged a million-dollar fire truck that we fell into the sinkhole and The last thing that I want to point out and John I want you to go over that list too is that in To correct the record, our budget doesn't service just 80,000 residents. Our budget also services the tourists that come into our city, which at any given weekend can be 250,000 people or more, depending on what event is happening. I mean, I don't know how many people were in our city for F1 or for how many are coming in for FIFA, but our sanitation, they clean the streets over there in the tourist areas, and we have businesses over there, and so it's not, our budget is not just the 80,000 residents that live here, it's also the tourism that also generates revenue from our resort tax dollars, but we have to take care of everyone that comes here. We need police, we need first responders to respond, we need our lifeguards to keep our beaches safe and our swimmers safe, So there's a lot that goes into this, and it's not just the 80,000 residents. It could be up to a million people.
Commissioner Suarez. Thank you. I just kind of want to bring this point home, is that we have a billion-dollar budget. I think we need to prioritize how we spend a billion dollars. I don't think raising – having a regressive tax double over the course of five years is responsible – is a responsible way of governing for projects that need to be funded through a capital improvement fund such as a millage rate, and so Commissioner And I know I just put this on everyone's desk today, but if we change the rate, the millage rate on the capital improvement fund, that's permanent. And we could potentially bond out to that if we needed to, just as if we would do for a water tax. But it's more progressive because it's going to be for people that if you have a much larger property, you're going to be paying more in taxes. If you have much less property, it's going to be paying less in taxes instead of a fee across the board for everyone. And so there is a path. I think we can certainly do that. Last year we had $11 million, which is exactly what we need every year for the next eight years to fund all of these projects that is on this list. So I just want to bring everyone back to the same place. I think the intent of this is not saying we don't want to do these projects. It's saying to us in the administration, we need to prioritize the money that we already have for these projects. And we're going to have to give up some luxuries that we have traditionally liked over the last couple of decades that may not... be available to us, at least for the next eight years while we fund these critical infrastructure projects.
Commissioner Suarez, you mentioned something. So on an annual basis, the city needs to come up with about $15 million. That's what you mentioned? Around 11. John?
THE DEBT SERVICE ACTUALLY STARTS AROUND 6 MILLION BECAUSE WE WOULD BE ISSUING DEBT OVER TIME AND IT ENDS AT ABOUT 41 MILLION PER YEAR BY THE YEAR EIGHT POINT OF THESE PROJECTS. ANNUALIZED OVER THE NEXT EIGHT YEARS, WHAT IS IT? ANNUALIZED OVER THE EIGHT YEARS, I THINK IT AVERAGED OUT TO BE SOMEWHERE AROUND 15 TO 16 MILLION DOLLARS.
IN A $1 BILLION BUDGET, I THINK IT'S I'd rather us reprioritize 15 million, 16 million in a $1 billion budget than asking our residents to reprioritize this money in their budgets because someone is going to have to reprioritize. And I'd rather us, we have the money, we just have to decide in order to prioritize this infrastructure within the capital budget and shift some of this millage from our general to our capital, okay, then what is it that we can't fund on the general side in order to prioritize what we all feel very strongly about without passing that onto our residents?
Commissioner Suarez, I agree with you. We all want to do these infrastructure projects. I'm saying myself that looking at saving people this money versus the infrastructure project, I'll align and even sponsor this where I'm saying at this point in time now, it's more important to save our residents money. Let's hear from John.
Good evening, John Norris, Public Works Director. I really do appreciate having this conversation. I'm really happy that I'm here. My concern right now is timing. Time is of the essence. We are celebrating Public Works Week right now. And I want to explain to you real quick how that started. Friday, we had a six-inch water main break on 10th and Euclid. They finished at midnight. At 2 a.m., they got home. 2 a.m., they got dressed, they came back for a 20-inch transmission main, cast iron that the side blew out of. The hole was that big by 20 inches. A fire truck fell in the hole. I don't know what the fate of the fire truck is. We had a big rain event on Sunday. I got calls from many commissioners on Sunday. I did not stop on my phone from 7 o'clock to 1 p.m. responding to flooding calls. Is the pump on? Is the pump off? This temporary pump that we have sitting here, why do we have it here? I don't want it in my yard. Wait, we're flooding back here. These are the conversations that I'm having on Sunday. I can't tell the residents We have a solution anymore. I can't do it. The only response that I have for the residents is, we don't have funding. So then, Sunday evening, we had an incident on North Bay Road. The gravity sewer mains were backed up. Once again, our crews left their homes, came in. It was not a clog. No, the sewer wasn't clogged. It was surcharged. It was surcharged because it is an aging line that gets infiltration and inflow that fills with groundwater and rainwater. So what did our guys do? They pulled all that water to the pump station to make room for the sewage to go from those houses on North Bay into that gravity line. They're just making space in the line temporarily. So they get home, they wake up Monday morning, nothing Monday and Tuesday. Wednesday, 12 inch water main break at North Lincoln and Brady.
John, let me stop you there for a second, because I get what you're saying. And respectfully, we understand that we have aging infrastructure, but that's not the debate here. We're not here telling you that we're not We don't take these concerns seriously. What we're debating is prioritization. Where are we going to get this money? I don't wanna have to double the water rates in the next five years to pay for these when I believe these infrastructure projects should be paid through our millage of capital improvements where we can have to forego some of the millage on the general operating fund. And we're gonna have to make cuts.
But my point was timing is important here and what we're talking about is pushing it down the road.
But this water rate is going to double in five years. So at least what I'm proposing can be implemented in the next couple of months through committee and one or two readings. with what you're proposing with the water rate increase, that's gonna happen over the course of five years. So it's not like if we pass this, things are automatically gonna be fixed tomorrow. It's gonna take a tremendous amount of time. And we're struggling with how do we tax the residents for this? Or do we tax the residents on this at all? Or do we prioritize where our funding is? So it's really easy to say and let us know about all of these issues about critical infrastructure issues failing across our city. It's very easy to do that. We're put in the hard position of where do we find the money? And again, we understand the timing issue, but even if we were to pass this increase in water bills that are gonna double, it's not like magically it's gonna happen tomorrow that everything gets fixed. It still takes a tremendous amount of time. So, you know, respectfully, We're, I mean, I think we're going to pass this referral, okay? It's going to go to the commission. I would like everyone at the commission, I would like everyone at this commission to be present at that finance meeting so that we can really discuss this and hopefully fast track a solution to this that doesn't require a doubling of a regressive tax. And when I do the math, it's $106 million over the course of eight years. But you've got to subtract the CPI, which is $18 million. So the delta is $88 million. 88 divided by 8 is 11. So we need $11 million every year for the next eight years. And I think we can do that. I think that's very possible to do that through a millage rate change. YOU KNOW, I DON'T LIKE, I DON'T APPRECIATE THE CITY ADMINISTRATION GIVING KIND OF THIS DOOM AND GLOOM SITUATION. IF YOU DON'T DO THIS, IF YOU DON'T TAX YOUR MOST VULNERABLE RESIDENTS, YOU'RE GOING TO HAVE ALL THESE PIPES BREAKING. WE GET IT. IT'S AN OLD INFRASTRUCTURE, BUT WE'RE GOING TO FIND A WAY SOON TO DO THIS WHERE WE THINK IT'S MUCH MORE EQUITABLE AND
responsible. Commissioner Bott, then Eric wants to speak and let's bring this home for a landing.
I would like for everybody who's watching or will watch or read newsletters over the next few days, I would like with all due respect to my colleagues, I would like you John to explain the cost of each project and Jason for you to tell us if we somehow actually have the money in our budget. And I'm very excited to go to the FERC meeting and hear about how this can work. I think it can. That's not the issue. The issue is that there is no clarity in the public at the moment about what is at risk. And I will tell you what's more expensive than a $12 rate increase. It's getting a new pickup truck because your truck that you rely on to go to work and to bring your kids to school and to pick your mother up from her adult daycare because she needs help has now fallen into a sewage sinkhole like what happened in North Beach a couple of years ago. So John, if you could please, and Jason, if you could, John, go through the list and also please let us know if there's grant money that's at risk. And Jason, if you could also just give us, you know, what the money, I don't think we have the money at the moment, so I'm not sure that, I would like that corrected for the record, because I'm not the expert on this, you guys are.
Peter, could you put the presentation up, the one page, thank you. So commissioners, you all have a copy of this. This is a list from most expensive to least expensive, and you can see the neighborhood improvement projects are up at the top. And my point in what I said is we don't have answers for the residents if we don't have a plan moving forward. And I go out to many residents' homes and I tell them we've got this project. It's going to solve the problems. And without a funding mechanism for these projects, we no longer have those answers. I just noticed West Avenue phase three I see the cost but I do believe that we have a lot of funding for that already we do and we're not short very much on West Avenue phase three but I think if we don't have a rate increase or a funding mechanism moving forward we need to reassess what funding we have allocated and to certain projects because we're going to be responding to emergencies constantly. And emergencies are much more expensive than planned projects. So we really need to reconsider what our contingency and what our reserve is if we don't have funding to move forward with these projects.
And what is the grand total of this?
I BELIEVE OVER THE, I KNOW OVER THE, I THINK THE EIGHT YEAR PROGRAM, 27 THROUGH 34, IT'S ABOUT $1 BILLION BETWEEN WATER, SEWER AND STORM WATER TOTAL CAPITAL NEEDS. SOME OF THAT WOULD OBVIOUSLY BE FUNDED THROUGH PAYGO CASH AS THE FUND ITSELF WOULD BE ABLE TO THROW OFF SOME OF IT. SO IT'S NOT A FULL $1 BILLION WOULD NEED TO BE BORROWED. BUT WE WOULD OBVIOUSLY HAVE TO RELOOK AT THE MODEL IF WE'RE GOING TO GO IN A DIFFERENT AVENUE. I THINK THERE'S A LOT OF DIFFERENT IDEAS THAT WILL BE PUT OUT HERE AND I THINK THERE WILL BE A ROBUST DISCUSSION WHEN IT GOES TO FINANCE. AND I THINK JUST TO RESTATE BECAUSE THERE HAVE BEEN A FEW QUESTIONS WHERE Is it legal to do this from a general fund perspective and a geobond? Yes, the answer is absolutely. Is it uncommon? Yes, but it's not unheard of.
I think city-wide... Jason, can I stop you there? I guess structurally, these projects, you don't pay for them one year, so confirm my thinking or tell me where I'm off. And I think Commissioner Suarez, it's a good... It's the only way... that you could even go forward in these projects, if I'm understanding your proposal right, is you actually take the millage that's dedicated to the general fund, which is how much? Roughly, what's the millage?
Our total millage is five, eight, I think, or six total between all four millages.
So you would take, say, one of those and put it dedicated, whatever the math works out to be. So you have dedicated funding in the... Stormwater wastewater utility project then our problem because that's the only way you can go forward with these projects You cannot do it with this promise that each year we're going to save you ten million dollars, right? You need a dedicated recurring revenue stream over the course of eight years not just a Promise that we're going to try and find efficiencies each year so the only way it would work is if We take millage from a general fund and put it dedicated into the stormwater wastewater. That provides another set of problems for us, right? Yes, we are able to then with a little more certainty go forward with these, but then we have you know, we have to balance our budget, so we have to do so on the back of the general fund each and every year.
And then just, and I want to expand upon that, and I want to let my colleagues know that, you know, we all pass the rollback rate, right? I'm even willing to say We, look, it would be great if we could pass the rollback rate, we don't pass any more taxes on water increases and everything stays the same, but unfortunately that's not the world we live in. The city administration was already considering cutting 25 million from the budget, right, to accommodate the rollback rate. I think a good middle ground is to say instead of 25 million, We'll do 15, because I believe it's around 11 that capital needs. And then four is going to be, we're still going to lower taxes as four million less than we would have otherwise. And that way, we can tell the residents we're prioritizing our city budget for capital improvement projects and we're still going to lower your millage rate just a bit so that you're not paying extra above and beyond what you would have paid normally. Because I think it's going to be impossible to pass the rollback rate and do another cut from the general fund to the infrastructure fund. So there's many ways to tackle this problem. AND IN COMMISSIONER MAGAZINE, IT IS THE ONLY WAY TO REALLY DO THAT BECAUSE IT'S CERTAIN. THERE'S CERTAINTY IN IT. AND AS FAR AS FUNDING. AND AT THE END OF THE DAY, IT'S JUST $11 MILLION. We gave $11 million last year.
Okay, we got less than an hour left. And Eric wants to speak. I got to bring this home for a while. I think the votes are clear. We're going to be speaking at finance about this at length.
I just, I've been waiting patiently to weigh in on this, but I think what we really need to look at, and I agree with everything that's been said on the day so far, that we need to look at ways to tighten our belt. That's incumbent upon us. We're working through that as part of the budget process this year. I just wanna make sure that everybody's of the understanding that that's gonna be a chunk of money, but that chunk of money is not gonna replace the money that we're talking about as this, and so we're gonna have a misalignment between expectations of delivery and revenue streams, and we're gonna have to figure out how to fill that gap. And if it's not utility rates, maybe GO is an option, but not bonding is gonna be extremely challenging because what bonding does is it gives us dollars today that we're then able to pay back over time, as opposed to if I had tried to buy my house on a cash flow basis, I wouldn't be in my house today. And my house is double what it was when I bought it 10 years ago. So if we try to cash flow fund everything, it's not going to work. We have to figure out what is the things we have to fund, have to build. I don't think we're prepared today to say definitively This is a have to have, but this isn't. I think we've done the prioritization process for the last 10 years, because every time we got to this point, it was go back and reprioritize. from 2016, that's the last time that we actually moved forward on a bond issue and really moved on some of these capital projects. So we need to make sure that we all have alignment on what it is that we're gonna put in the ground and then we need to figure out how we fill that funding gap. Okay, I know we all have.
It's not an $11 million. Like that, I just wanna make sure, because that seems like something we could figure out easily, but that's not the amount.
I'll be very quick on that.
By the way, I have a lot of comments to make, too. I am not going to make them. I'm going to reserve them for this finance meeting. I don't think there's any more information that can be said today that hasn't been encapsulated in this argument. But Jason, I'll give you the last word, and then we'll vote.
Thank you so much, Mayor. So again, a billion dollars every year. And if it's a pay-go basis, it's The cash needs, based on the prioritization and the phasing of projects, range from anywhere from year one to like $80 million to $220 million. So it's not $11 million. They're big numbers that are needed on an annual basis. And we've gone through that concept discussion about intergenerational equity and why you bond things out for projects that give value over long periods of time, multiple generations, why bonds always make sense. So absolutely, we could use general fund dollars. It would be adding to the geobond. MILLAGE RATE WHICH WE HAVE AND THAT COULD BE A COMMISSION PRIORITY EVERY YEAR AND SAY IF WE HAD TO ADD .25 MILLS TO COVER THE DEBT SERVICE FOR THIS NEW GEO BOND, LET'S HAVE A GOAL OF LOWERING THE OPERATING MILLAGE BY THAT AMOUNT. SO THAT'S SOMETHING ON AN ANNUAL BASIS.
WE'LL DISCUSS THAT AT THE NEXT FIRST MEETING. WE CAN GET THERE WITHOUT HAVING TO RAISE THE RATES.
WE HAVE TWO SEPARATE ITEMS.
I'LL MOVE IT.
So let's I'll move both of them.
Okay, so both on c7ai and c4t. I have a motion by Commissioner Suarez seconded by Commissioner Fernandez on both c7ai c4t all in favor. Please say aye Okay c7ai The moratorium of a motion by Commissioner Suarez seconded by Commissioner Fernandez all in favor. Please say aye aye Anyone opposed opposed So I heard opposed by Commissioner Bott, opposed by Commissioner Mateo Salinas. Is that correct? And Commissioner Dominguez, so three nos and four yeses. My votes are no for Commissioner Bott, no for Commissioner Dominguez, yes by Commissioner Fernandez, no by Commissioner Mateo Salinas, yes by Commissioner Magazine, yes by Commissioner Suarez, and yes by Mayor Miner. So now on C4T, the referral of motion by Commissioner Suarez, seconded by Commissioner Fernandez on the referral. All in favor, please say aye. Aye. Any opposed? Hearing none, the referral is approved 7-0. That was item C4T. Okay.
Thank you. Much work to be done. C2D.
C2Ds are award RFQ 2026-119 WG Byron Carlisle Cultural Center workforce housing. It was separated by two individuals, Commissioner Bott and Commissioner Mateo Salinas, C2D.
Commissioner Mateo Salinas, you pulled this item. Byron Carlisle.
I had some issues with this and I wanted to understand a little bit more about how this was rated when it went back to the committee and I couldn't read in the in the memo what the scoring was and how that worked out but I know that there have been some issues with this award and I'd like to revisit it a little bit here.
Sure, so to answer your question, the RFQ contemplated if a shortlist was approved by the City Commission, which it was approved in April, that when the committee would reconvene to reevaluate the proposals, it would be based on the same criteria set forth in the RFQ. So the subsequent evaluation committee that was held Just recently, it was based on the same exact evaluation criteria. However, it was only for the three shortlisted firms, which were all ranked, top ranked in the first evaluation committee.
And what were some of the criteria that were used?
So some of the criteria was the experience and qualifications of the proposing firm and team. This includes the firm that was the bidder, the prime proposer. It also includes any other key team members. And then the next criteria was for the financial analysis firm that was part of the team. So it was evaluating their experience and qualifications. Then it was also their best practices. So the section I'm going through is the tab of their proposals, which is the information that they included for the committee to evaluate. Um, best practices. And then the next tab was their approach and methodology that they've used on prior engagements to accomplish similar scope of work, um, and projects similar to what the city was looking for.
And, and, and it, and apparently the first place and the second place, there was a difference of one vote or one point.
So the ranking in the final evaluation committee was a, it takes the low aggregate scores. So what that means is each individual committee member's ranking. So for example, if I was a committee member and I ranked vendor A, certain amount of points but they were my first ranked and vendor be a certain amount of points over my second ranked and then the next would be my third ranked we total the ranking of the vendors of the committee members and so the final was 13 low aggregate for Brooks Scarpa they landed in second place second ranked color was a low aggregate of 17 points they Their rank was third place, and Stantec was 12 low aggregate points, so they were ranked first.
Okay.
So the lower the aggregate, the better the rank. So the lower the aggregate, the first rank, and so on.
And the first ranked, where are they based out of?
Give me one second. So it's Stantec, and they group together with MVRDV. They are in the state of, they have a local Miami address, but their headquarters are out of Denver, Colorado. But they do have a Miami office and do have South Florida presence. And the second place, where are they based out of? The second place, just to state their name, is Brooks Scarpa, Huber Architects, and they have several locations from what I see here, Fort Lauderdale, Miami, Los Angeles. Trying to get to their questionnaire so I can give you their... They do have local presence also.
So what I'm understanding, I've had a couple residents reach out that were a bit disappointed that the first place, because I guess they're not based here in the first place, but the second place is. So I just want to revisit this a little bit more and see what we can do here.
Commissioner Suarez.
I want to be clear. I support the Byron Carlisle bringing it back to life. It's a shame that it's in this current state. North Beach deserves and needs a first run movie screen theater and a cultural arts center. And Commissioner Bott and I have had sunshine meetings where we're going to hopefully do both yeah and but I just I just want to have I just have a little concern about the sequencing of this my understanding is that if the firm is approved they will come back with a design contract in June or July for approximately 2.6 million is that correct
So the estimated design fee for, the budget for the design fee is about 2.6, yes.
Yes, and potentially more because design fees are typically tied to a percentage of the total cost, correct? Yeah, and so some of the things that I'd like to have answered, and maybe this is why I think we're putting the cart before the horse, is from my understanding, we had many discussions on how this is going to be, how this is going to be funded on a operating basis. And I believe the idea is housing units or rent payments are going to offset the cost of the Cultural Arts Center, which is...
Operational costs.
Operational costs, which I'm in favor of. I'd still like to know what that model looks like before we have a design of it because I think, you know, we don't, how many units is that? Is it 100 units? Is it 200 units? And how do we tell that to the design firm before they start, how do we tell that to the design firm when we don't even know that ourselves and we're asking them to come up with a design for potentially a certain height and a size, a scale. So without having sort of that basic information, how are we going to tell a design firm to design something that We don't necessarily know the economics. And look, I think that's some unanswered questions that need to be answered before we move forward with something that's $2.5 million. And again, I'm not against this. I'm not trying to slow it down. I just want to make sure we're set up for success on this.
Mr. Mayor.
So Mr. Mayor, if I could.
Well, let me hear from Commissioner Bott and then
My recollection, Eric, correct me, Daniel, correct me. We literally wanted to have that conversation about a year ago. And we were precluded from having that conversation for very many reasons, which I'm not going to judge up here now. And we are going to have that conversation with the award winner of this RFQ as part of what the next step is. So it will be part of the preliminary discussion. There is no design for this project yet. It has not been designed yet. This is an awarding of qualifications for the team that we are going to use to design and develop and construct this project. We are already a solid year later than we had planned to be, than we thought we would be, than we should be, arguably more. I actually, you're not wrong in wanting to have those answers, but that's not what this is about. That's the next conversation with the people who get this award. What today is about is who gets the award. And I actually also pulled this because I have some very significant concerns about who is getting this award. And I'd like to, with your permission, pivot to that because those questions are excellent questions that will be discussed and figured out with whoever gets the award.
I'm okay with pivoting, but just to be clear, before we award any sort of money, especially in the millions of dollars, I certainly would like those questions answered.
But we have to pay them to be our partner to create the template.
I thought this was to just approve them so that they can come back with a invoice.
No, that would have been a consultant to give us the answers to the question. This is, we are now hiring these people to work with us to get to the finished product. Is that correct? Okay, which includes the template of how many units, at what price, do we take the seventh floor, and that's all market rate price because it's got the best view. That all is going to be the very next conversation after the contract is awarded. This today is about awarding the contract. And the three people who were shortlisted because they were in a dead tie, we were supposed to have had this conversation last month. But the three top respondents were in a dead tie. And that is what we are trying to get awarded today. So we cannot ask them to do the work that we are going to embark upon together over the next few years if we don't award the contract and then finalize the contract and then start the work. And one of the preliminary things that we will be starting the work is how do we design what we want and how do we put all the pieces together.
MR. And not to be Monday morning quarterback, but how does – do these design firms understand that the housing component is a big part of this project? MS. Yes.
MR. Where – MS. It was made crystal clear.
Correct. MR. So was that part of the process then, of the qualification process for these
Correct. They were advised that that was one of the interests of the city. And actually, that's why one of the tabs was specifically asking for a financial firm that can do the analysis related to the workforce housing.
And I'll back up too much, but I thought we wanted staff to also do that analysis. correct? Because I remember Commissioner Magazine saying he believes in Daniel to do that analysis for us, right? I mean, that's what you get paid for.
So I... That was in the confines of the consultant discussion.
It was what?
The consultant discussion when we're debating the value of having the consultant do that work. He was suggesting that staff should do that. And then the compromise was to hire the design firm and have the design firm work with us on that concept.
But with all due respect, because there are important questions, but that ship has sailed and that's why we are here now. And we cannot get those questions done without awarding this contract, which we should have awarded last month. But we didn't because we had three top contenders, three very qualified firms. And so I would like to talk about the recommendation that has been put forth among the three top firms who are effectively equivalent for all intents and purposes.
Well that brings, that kind of ties into what we were just about to talk about is apparently these design firms took into consideration these questions as far as housing and the economics of it. Did that play a pivotal role in your selection?
They provided all their experience and qualifications. This was a request for qualifications, so they provided their experience and qualifications related to the either workforce housing or cultural components. So they provided the, in their proposals, whether they were, again, the proposer, the design firm, they provided any projects that they may have worked on that were relatable to what the city is requesting. So all of that was reviewed by the evaluation committee.
So I guess we're back on the topic of the qualifications, right?
Yeah.
Okay.
So for all intents and purposes, these firms are effectively the same. Minor discrepancies of some people thought this was better, some people thought that was better. I would respectfully suggest that given that this has been a project that I was involved with since 2018, that has an enormous amount of neighborhood concern. And people who have been involved with it for a long time are part of one of the bidding teams. I would like to respectfully suggest that the team that gets the award, because the top three were effectively the same, actually goes to Brooks Scarpa because they've been involved. Some of the team members have been involved for a good chunk of time. And I think that they would be the best stewards for this project going forward, given their sensitivity to the neighborhood, to the needs of the community, for the history of how we've gotten here. And I would like to make that motion that we accept, that we do not accept the administration's recommendation, but we go ahead and award it to Brooks Scarpa.
Second is that is that legal?
I mean got If it's the will of the Commission it can be I would just ask if we can get clarification on if we were to negotiate with Brooks Park Scarpa Initially and if negotiations fail we move on to stand tech and then line and then we move on to color The Commissioner respectfully
No. It went through a process, and the city staff agreed to put, what was the first place? What was the name? Stantec Architecture. Stantec, to be the lead design. I just think it's a little inappropriate for us just because we may have a relationship with, what's the second one?
The second one was Brooks Scarpa.
We kind of suspend that process and go with a firm that we know. And listen, I'm not saying that they've done excellent work. Obviously, they did Bayshore Park and it turned out great. But I think it's starting to be a little slippery slope where we say, you know what, we went through a process. We're going to now tell people who bid on our city to do projects. that, you know what, because we're politically connected to this person, or we know this person, and they've done already a good job in one neighborhood, we're gonna just have to favor them anyways.
And we're kind of saying- I'm sorry, I'm sorry. I'm going to clear my name, because I really find that that suggestion is not appropriate. That is not what I'm doing. I am reflecting the will that I've heard from multiple residents, from people who have been involved with Byron Carlisle since 2018, I feel like if we have three people who are so good that we had to go to a second round of vetting, the difference is in millimeters, that why would you not go with the organization that has desire and history and a feel for what the community wants? I really resent the implication. that you're making, that it's because I'm doing a political favor for somebody?
I'm not saying a political favor. I'm just saying that there's a conflict of interest. And look, I mean, you cut me off, and I'm more than happy to discuss this with you, but look, you know, I just think that we're sending the wrong message to people and vendors who come into our city and say, you know what, we're sorry. You know, you went through the process, went a second round, but you know what, at the end of the day, even though you still got first place and whether how much of a difference that made with millimeters, yes, but they still got first place. We're not gonna give it to you because of how we feel or we've got some emails that say that we like this firm. I don't think that's good government. I think we have a process in place and people have applied and it took a long time to do this. And I just think it's a bad look.
I think first place, I mean... Respectfully, Commissioner, we disagree with the administration all the time. We just spent how many hours talking about the sewer and water rates? The administration clearly has a very strong opinion about what we need to do, and we have chosen to take a different path. If I have a conflict of interest because this was a thing that I worked on, since long before I ever contemplated being a commissioner. Well, I guess we all have conflicts of interest then on things that we advocate for because we have deep knowledge.
If you want to make it fair, maybe they can just present, the top two can present to us at the commission level. There's just no basis to say we should pick this person over this person. There's really no real basis for us up here to say that other than we know them. I mean, they went through two reviews, right? They went through two reviews. They went through many rounds of interviews, analytics. And we're just up here saying, you know, we don't like it. We're going to go with number two. If we're going to be fair, then let's give the first place an opportunity to say, hey, this is our vision. This is our qualifications. Have them come present to us. Maybe that's the more fair approach to how we do this. And I'm not trying to change the process. I'm just saying, look, I think this is really bad. I think this is a bad precedent to set that we're just going to disband this this robust process that went through. And I think this is different than our water rates because that's more of a legislative priority. This is a simple design and who we hire. I was not privy to these conversations for this review process. None of us were. So how are we in a position to make that decision then?
Monica Mateo Salinas.
I just want to, you know, this is something that I had mentioned when I had first commented. I was trying to understand what were some of the requirements and what was the process here and why did one score one point higher than the other. And I would like to understand that process to, you know, what were the requirements and all of that. You know, maybe we should defer this a month so that way we can understand what exactly was asked and how it was, the point system and some of the other requirements. I mean, I, you know, that's why I was asking where these companies are based. I don't, you know, are they, one of them in here is Florida-based, the other one I didn't say where they're based in the memo. So maybe we should defer this a month to understand this process a little bit better and what exactly the grading scale was and who graded how. Because I've also, I've been approached by residents about this. This is, again, not any type of connection or anything. It's residents that live in North Beach that have reached out to me to say, hey, what happened here? So that's why I'm trying to understand how this was graded and how it was ranked. I'd like to understand a little bit more about the resident input versus staff input and how that all played into it. So I guess.
Okay, so the item's been deferred and it has a second. Mr. City Clerk, would you call the vote?
On the deferral, I have a question on the deferral. Because I'm not, this is a procurement item. We usually follow staff recommendation on procurement items. And I'm not familiar enough with all of this that has been discussed now. Am I allowed, Mr. Attorney, to be briefed by the procurement director, by the city manager on this without violating the cone.
I'm glad you asked because that was why I turned on my microphone. If the contract is not awarded, the cone of silence will remain in place until such time as the contract is awarded or the procurement is passed.
And we still be briefed?
You can speak to the city manager because he has made a recommendation. Not the procurement director.
So I can speak to the city manager. Am I allowed to speak?
You can speak to the manager and to me.
Am I allowed to speak to residents? Yes.
As long as they are not involved in the process, they are not affiliated to any of the vendors involved.
Okay, because I didn't start to receive concerns about this until late last night when all of a sudden, you know, you read the memo and staff's analysis and the rationale for selecting the vendor, it all makes sense. And we usually don't meddle with procurements because there's usually a very, you know, defined process that we like to follow. And we usually like to follow staff's recommendation on this. So to the extent that we do anything different, I would appreciate the courtesy of the deferral to better inform myself and to get better briefed by you, Mr. Attorney, by you, Mr. Manager, before we make any conclusive decision.
Commissioner Magazine.
I don't typically deviate much from what's presented to us. I know when I had an RFP I cared deeply about. Okay, Steph, it is what it is. I haven't talked to any of these firms. I couldn't even tell you who was one, two, or three. I know you've been very involved for years in the Byron Coral. So I trust your judgment, and in many regards, officially or unofficially defer to you. So if we're gonna vote on this here today, Commissioner Bada, I was gonna trust your judgment and go with you, because I'm trusting somebody's judgment one way or another, and I know you've been involved in this for years and years, so I'm gonna trust yours. If we are going to defer it, and given the limitations that we have, why I was going to vote in favor with you. Part of it was to keep this process moving along, but if there's the will of the body to defer it for another month, it doesn't make sense to have the two firms come here and speak in front of us because next month, I'll tell you, I'm going to make the same calculated decision. Well, do I take staff's recommendation or do I trust my colleagues that have been very intimately involved in this process for years? And I'm going to side with my colleagues that have been very intimately involved in this process for years. But it would have some more merit if both of them presented in front of us. I wasn't going to suggest that initially because I wanted to keep it on track. But if we're going to defer it regardless, I'll leave it to you if you think that makes sense. If not, I'm cool. I think I told you where I'll probably likely decide in a month, but I'll leave that to you.
Are we even allowed to have them?
Yes.
Public Commissioner Manning.
I'd love to see them present to us. Because if we're going to make a decision, at least I want to have some sort of basis on it personally. And I think everyone else should. And then we can make a decision there. I mean, I don't think it's fair to just say to one person, no, sorry, we just, sorry you wasted your time. But at least in this, with this scenario, they at least have the idea to present. So can we require them to come to the next city commission meeting?
Yes, I can make sure that they attend.
Okay. Let's call the vote. So this is on the motion to defer. I have a motion by Commissioner Mateo Salinas, seconded by Commissioner Fernandez to defer to the June 24th meeting. All in favor, please say aye. Aye. Anyone opposed? The item is deferred to the June meeting, C2D.
Thank you.
Thank you. It's called R7AD and R7C together.
7 ad is settlement agreement among Penrod brothers CMB and Boucher brothers Pierre Park our 7 ad and then Then and we're hearing that with our 7 C a man lease and concession agreement with Penrod brothers We first have to hear our 7 ad correct That is correct
Mr. Mayor, if I may.
Eric.
So obviously this is something that we've had two shade sessions on. This is the protracted litigation that we have had with Enrods and the Boucher case. solicitation and ultimately this is an opportunity to settle the pending litigation after multiple years. It's an opportunity to bring some clarity to the situation and an opportunity to move forward in a positive direction with the best use of that property at Pier Park which is South Point Drive and ocean drive i would offer our team that's been heavily involved in this to provide any details if you want them but primarily this is an opportunity to close out the settlement with a a cash payment to penrods coming from the boucher team a extension through august of 2027 for the Penrod's occupation of the property and a opportunity for the Boucher team to have a five-year option to extend their management agreement on the property are the primary terms. And if you guys want to add any additional color.
I think that's high level, and if there's any questions, we can certainly answer.
Through the chair, I would just clarify that it's not a management agreement. It's a concession agreement. Sorry. No question.
Call the vote. I need a motion.
I'll move it.
A motion on both items, but we're first doing R7-AD. Commissioner Suarez.
And just for the record, the item R7-C is to approve the Penrod lease extensions, which are contemplated by the settlement. We will be coming back in July to present the Boucher contract amendment, which is also part of the settlement, but it's not quite ready for prime time yet.
And we're doing it separately because R7-C is a public hearing, so... R7AD, I have a motion by Commissioner Suarez. Seconded by? Second. Seconded by the Mayor. R7AD, all in favor, please say aye. Aye. On R7C, may I have the same makers, Commissioner Suarez and Mayor Miner? Yeah. It is a public hearing. I see no one in Zoom, no one in the audience requesting to speak. So on R7C, all in favor, please say aye. Aye. Anyone opposed? Hearing none, R7C is... It passes, and there were no members of the public who requested to speak. Thank you. Thank you very much. Thank you.
So the Penrod concession agreement amendment needs to go to the planning board in July, and then it will come to commission on July 22nd. I'm sorry, the Boucher contract amendment.
I'D LIKE TO CALL UP OUR FIRE CHIEF BEFORE I CALL THE NEXT ITEM. WE ALL SUFFERED A LOSS THIS PAST WEEK WITH MENTAL HEALTH BEING A CRITICAL COMPONENT OF IT AND COULDN'T LET THIS MEETING PASS WITHOUT ACKNOWLEDGING WHAT YOUR FIRE DEPARTMENT IS GOING THROUGH WITH THIS LOSS.
Yeah, just a couple hours ago, I was at a church reading a eulogy and burying a friend. So yeah, it's hard to do my duties of being a fire chief and have to serve our residents at the end of the day and make sure that I'm HERE, BECAUSE I NEED TO MAKE SURE THAT EVERY SINGLE DAY OUR PUBLIC SAFETY IS BEING ADDRESSED AND STILL FUNCTIONING. OUR WORLD IS GOING TO KEEP GOING FOR THE NEXT 24 HOURS. 10 INDIVIDUALS THAT I SENT ON DUTY TO GO AND PAY THEIR RESPECT TO THEIR CLASSMATES ARE BACK ON THE TRUCKS. You know, unfortunately it's normal for some departments because it's happening so frequent. And I can tell you that I just proposed one question to every single human that's inside this chambers. How many colleagues do you know that's committed suicide in your job? And I've had two. two and two years in 100 year history of our department. Miami-Dade County has had eight in the fire chief's leadership. And just six months ago, he had another one. So it's difficult. And as your leader, as a human, as a mom, yesterday was my son's 11th birthday. And I had to get his godfather, my colleague, my best friend who was hired with me to take him to the arcades. Because my son thought that I was coming to work to sing him happy birthday like they normally do. And I had to tell him, no, I'm not joking. And he goes, yeah, yeah, you are. And I had sent PJ the picture earlier and, you know, because it's something, it's a firefighter tree. We're always playing prank on each other. And this was a picture of the same group of individuals. This was C-Shift. And he thought that we were coming to work. No, it's just because his mom forgot her jacket to the funeral that she was supposed to attend to. So I had to get, my best friend to take him to the arcades so I can go and be there present for the viewing and today as well. And I was one of the four people that was at the house to watch my friend 18 years known on this job in the condition that he was in. And I would have never known because I had just seen him two days before. He had just taken my bags out of my car, and he can't tell. And, you know, it's difficult. Chief, you... Two questions.
You made some... It's alarming how often this happens to firefighters. Why? Why do you think that is, and how can we help?
So I can tell you not, you know, I don't want to speak on behalf of the police chief, but I have a very close relationship to the police department and we have to almost like desensitize ourselves. Like you can go home and just had a horrible day and now you have to change your hat and be a parent. Forget about the day that you just had. THOSE INDIVIDUALS THAT WENT TO THE SAIL BOAT ACCIDENT, I JUST A COUPLE WEEKS AGO, THE GUY JUST GOT CHARGED. We're just getting over that incident. And now those two young men who've had less than two years on the job, who are 23 and 24 years old, may have to relive, look at pictures, relive that whole entire day all over again. So it's because we are here 24-7. Corporate America goes home. But again, I'm not speaking just for firefighters. I have dispatchers. that are answering 911 for police, fire residents, the public works, you know, uh, sinkhole. Yes. That was a brand new fire engine. Um, and they were going to someone's house that was flooded at three o'clock in the morning. The last thing I can't even imagine. They probably like poop themselves in that truck because you're just driving down the road and all of a sudden. So, all of these things is compounded and it's years of trauma. I can tell you, I had a motorcycle accident at the Julia Tuttle. And when I arrived on scene, I go, hey, listen, I think she's 45, 45 is dead on arrival. And I lifted up the girl's face shield on her motorcycle and from her motorcycle helmet, And she rode the guardrail on the Julia Tuttle with her body. Okay. She wasn't wearing the leather pants and she was mangled, but her nails were perfect. Her tools were perfect, but she wasn't wearing the right pants. And I lifted up her helmet shield and she goes, please don't let me die. I was like, please don't let me die. And I can tell you approximately four years after that day, Is she dead? She didn't. But I'll tell you the story on that one. I was interviewing a firefighter. I was a background investigator at the time. And I'm like, why are you applying here? Because you come from a good department. He goes, because you saved my cousin's life. I go, who? And he goes, the one on a motorcycle. I go, what? I go, she lived? And he goes, yeah. How is she? She had her leg amputated. And he goes, but don't worry. She's still riding motorcycles. And that was like four years later. So I think it's just a compounded, you know, trauma. And you're asking them to stop one call, go to the next. Stop one call, go to the next. And eventually, you know, I can't walk into a restaurant and act normal like normal people. That's my wife. She's like, you're OCD. Why? Because it's like programmed in my head. I want to face the exit. I want to face the doors. I don't go in. I know that if there's an emergency, I won't come in or go out the same door I came in. It's innate, it's ingrained. I'm not here for a pity party or anything, but to understand that what us fire department, public safety servants, the dispatchers, my ocean rescue guys had a construction accident on an ocean drive. police officers like to ask us 24 seven. I can't tell you the last Memorial day I was off with my son. I can't tell you a spring break, you know, this morning I'm writing the eulogy and I was like, you know, rolling over those hours. I'm one of those that I lose my hours. Um, you know, we'll be losing my hours every year because there's just not enough time in a day to take off. And, You know, Commissioner, to your question, it's because it's 24-7. Because our clock does not end at 5 o'clock, the problems still go. If an accountant in finance, like, you know, tell Jason, when your worker is missing, all right, we just ride that day without the worker. If the lawyer is not here today, we just ride the day.
Not here.
What am I going to do? Just have a fire truck with three people on it? Oh, someone just called out. Two people? You can't. So now I'm bringing in firefighters, forcing them on overtime because it still continues. And we're here. This gentleman gave 18 years of his life to this city. I'm at 23 years. I got hired when I was 21 years old. You know, and it's hard and it just doesn't end here. You know, my wife is watching this because she feels like if she doesn't know what's going on, then she won't be in my life because I get home and I'm just like. And it's it's we chose this life, I chose this life. How can we make it better?
Yeah, and I think it's probably a good time. Thank you. And I was kind of teeing up the discussion, but Commissioner Bott has an item. Let's call that item so we can sort of discuss it together because that's what you're getting into now. R7AB. Thank you, Commissioner Bott, and also co-sponsored by Commissioner Mateo Salinas.
And, PJ, could you?
Excuse me.
I would like a direct answer from the chief.
Well, we're going to get into it.
But I would like to hear it from the chief. How can we make it better for you? And respectfully, Commissioner, I know you have a great proposal on, but maybe there's something else.
Well, I'm actually calling the item because and then obviously the chief can continue, but there are related. So let's call the item. So we have something.
So R7AB is at a full time mental health coordinator position for Miami Beach Fire Department.
PJ, can you pull up this slide? You know, this is an item that we discussed last year, and it didn't make the cut. And I will tell you, Digna, I don't know how you're here today. You are a tower of strength. Chief Jones, I know you've done the same thing as Digna, maybe not exactly, literally with the same hours between eulogizing somebody and coming to commission to talk about what your needs are. You know, we talk... We're pretty cavalier about, we respect and honor and revere our public safety departments. The fact that people will run into a burning house or a flooded house or towards gunshots when everybody else gets the hell out of there. We're very cavalier about, well, do they really need new equipment? Do they really need this? Do they really need that? I was literally at an event the night The night that this happened, Eric, you and I talked as I was driving home. And at this event, I had the opportunity to meet a Miami Beach resident who is a practicing psychiatrist and a teaching psychiatrist at University of Miami. And I was bragging to him about how great the fire department and the police department are at dealing with mental health issues in fields that normally do not take these issues on because everyone is too cool for school, too tough to admit that they need help. And I'm so proud of the work that you both do collectively. I know the police department maybe has a little bit of a head start, but Digna, under your leadership, you're catching up fast. And how you guys collaborate, you share resources as best you can. When I heard the details of what happened, that the friend and the son found Hans together, it was beyond triggering to me personally because my daughter and I found my other daughter together. So that doesn't affect budgets, it doesn't affect anything else, but I will tell you that I can't talk about this still without really going, having a hard time. And so I would suggest that this is the time for us not to quibble about adding a full-time person to the fire department. EAP is an amazing resource for non-critical issues, a good place to start if you don't know where else to start. But last year, Digna, I'm sorry, Chief Abello, Diggy, because I love you, gave up two stretchers to find funding to try to get somebody on board full time. How many more firefighters are we going to lose before we decide that funding a full-time mental health professional for the fire department is the right thing to do for the city? We ask them to work ungodly hours in horrific conditions. And the thing that pisses me off, man, when I hear from people saying, the firefighters, they don't need new equipment. They don't need a new station. They don't need this. They don't need that. We don't even have fires in Miami Beach. You know why? Because they're stopping them before they start. They're stopping the gas leaks. They're evacuating buildings. They're dealing with this stuff. Not to mention the woman who ran the rail on her leatherless motorcycle. The stuff these people see every day, thank God not every day. Some days I'm sure are not terrible. but too many days are freaking horrific. Most of us would take years of therapy to undo that PTSD. These guys, and guys being a gender-less term, these men and women in blue and in red go from one call to the next call to the next damn call, then they have to go home and deal with family stuff or not, then they have to deal with some crazy boss, then they have to deal with some knucklehead in traffic the way we all do, but their trauma level cannot be understated. And for anybody who hasn't dealt with this firsthand, you are so lucky. There is no undoing one trauma without years of work, let alone multiple in the course of a day or a week or a month or a career. So let us fully fund this position. Let's do it here and now. Let's get it started this year out of the general fund reserves, or whatever the proper terminology is, and then fund it in perpetuity going forward in the budget, starting with our budget process for next year. But I'm not waiting till next year. And I invite my colleagues to do the right thing before it takes another life. With that, I move the item.
Yeah, I actually want to, usually I go to my colleagues, but I do want to hear from Eric.
So I just want to say, first and foremost, a huge thank you to the entire fire department and all that they do every single day to keep this city safe. Um, you know, I can't imagine what they're going through right now and still having to work through it is extremely difficult. But, um, What I said to the chief the first night was we're not going to lose anymore.
That's right.
And I committed to her whatever it is that we need to do to make that happen, I'm on board with. This commission passed replacement of the self-contained breathing apparatus and the bunker gear today. Huge huge investments in the equipment for the fire department. I'm extremely grateful for that Last year during the budget cycle the chief and I sat down and we talked about how do we? Transition into where we wanted to go We agreed we would fund the temporary position last year and we would find a way to fund the full-time position this year We remain committed to that Commission wants to advance that a little bit. We welcome that. Obviously, Chief and I are still going to have to figure out how to fund that, but we will figure it out. But we don't want to lose another one. So thank you for everything the Commission has done up until this point, and I appreciate for all the support that we've had from the community and the Commission for the department during this difficult time.
Mr. Mayor.
No, no, we have Commissioner, Vice Mayor Dominguez, Commissioner Mateo Salinas.
Chief, it's so heartbreaking what the fire department is going through. I echo what my colleagues say. I'm so grateful for Miami Beach Fire, for your leadership, and want to do everything that we can to help. So this item that we currently have for a health coordinator, is that enough? Do you need more? Can we make amendments? What can we do to help your department?
And I can tell you that it's not going to be 100%, but I can tell you that it's in the right direction where Miami-Dade County has had four on staff. You know, it's a program. It's basically a program that needs to be evolved based on best practices of standards. And for instance, there was an LTC that came out a couple weeks ago regarding the school behavioral health counselor. And if you notice those numbers, they skyrocketed from 1370 to 2522. because the data's there and these are little kids, my son had a classmate that got a phone call from father, the school got a phone call from, the mother like took her life because, and now this little boy in the family and everything has to be, But look how important it is starting at the school level where there's one nurse that's going around and if you look at what she was doing, mental resiliency, emotional IQ, it's everything. It's not just PTSD. It's being able to have someone there instead of waiting two weeks, three weeks, the employee assistance program where it's a jack of all trades, helps you with your taxes, helps you with a divorce, helps you with all these things, versus someone that we know is there on our behalf and a betterment for us without retribution, without fear of losing your job. I don't need it, you know, fear of that and a safe place where it's readily available. And that's just a start. Again, my dispatcher, Ocean Rescue, the police department, I've been using, they're hostage negotiator to come and do the debriefings at our fire stations. because it needs to evolve and the men and women need to know that there's other resources available to talk to someone that can say, hey, by the way, we can get to the other side of this divorce is not going to end. And unfortunately, that's what happened with this gentleman that day. He went to court and he was losing his life, basically what we call our lives. He'd been working so hard for 18 years And he just didn't know how much he was loved. You know, so is that going to be the 100%? It's not, but I can tell you it's the right direction to start somewhere where it's not going to be up, you know, sorry, I have this like fly like. buzzing around here like a no-see-um. You know, but it's a start in the right direction. You know, if I had a wish list of things, I'd be like, okay, look, these are all the different things that I need. But at a minimum, this is a start to know that the continuity and the resiliency and the program can develop, you know, and we can mirror our counterparts with the county not for us to always have to be dependent on other agencies to come and offer it to our men and women.
Commissioner Fernandez. Oh, sorry, Commissioner Matias Salinas. I apologize.
Chief, my deepest condolences for your loss and for the fire family's loss and to every firefighter, every person that you have on staff and on your team. my deepest condolences. And I'd like to, um, respectfully urge you to take bereavement leave. The fact that you're here right now is just mind boggling and you deserve some time off and some time away as does your team. So I'd like to suggest Mr. Manager, if we can, um, ask for County assistance. So that way we're not, um, forcing people to work and we allow people to take some bereavement leave immediately. If that would help you to whomever wants it to take a couple of days to step away, to be with their families and grief.
I appreciate it. And thank you. You know, um, commissioner Fernandez and Monica that, You guys, you know, were there with me last night. I know when I had just left at 7.45 to go meet my son to cut his cake, Mr. Manager came as well. But thank you for at least allowing me to introduce you, you know, the gentlemen that are even more impacted because they feel that they missed something by not seeing it, you know.
through the Vice Mayor. Thank you, and Chief, echoing the condolences to the entire department that you see the love and the support that the men and women of the fire department have for each other. And I think it's a demonstration of the human quality of the individuals who we have working in that department. is a reflection of who Hans was. When you see the amount, of firefighters who filled that funeral home. By the way, filling a funeral home in Westchester in Miami-Dade County is not easy. And they were all there in numbers. And what you would hear resonated that he had courage, he had compassion, that he was selfless. That was what resonated in what people were saying. But this tragedy can't be in vain. This tragedy can't be in vain. It has to be a reminder, a painful reminder, that even those who spend their lives helping others may quietly be struggling themselves. And we're here for you always. Whatever you need, whatever your department needs, whatever resources, financial resources, positions, we've always been there with you. We will always continue to be there with you. And to our community, our family of employees, and our residents out there, we need to keep on speaking up, speaking up about mental health, We need to check in on one another. We need to seek help when needed. We need to take away the taboo that oftentimes surrounds that. It takes a lot of courage to speak up and doesn't make you any less of a man. It doesn't make you any less of a firefighter, any less of a police officer, because that takes great courage to seek that support and to display your vulnerability. That's a great strength in and of itself and will always be there to support your officers. Chief, thank you.
Thank you for coming here and speaking from the heart. I literally can't imagine what it is for you right now to be here and speaking. And I think you said it so eloquently that we don't know what's going on in people's lives. Like you said, you were with him two days before, and you don't know what somebody is dealing with in their personal life if they're understandably not wanting to share it at work. I would like to ask our HR director, Marla, to come up and share some of the things we do for mental health. I think that'll help with the discussion as we make decisions going forward. Mr. Mayor. David, Commissioner Suarez, then Commissioner Bott after Marla speaks.
Thank you to the chair, Marla. He's our human resources director. The city does have a robust EAP program. It's an employee assistance program. It is free and available to every single employee and person in their household. I think I like to say to people, we all come to work and we know we have a paycheck and we know we have health insurance, but we also have this other very valuable benefit, which is, I believe you said, a great starting point EAP can be. to finding the resources that a person might need to help them cope with any kind of challenge. And we are frequently, frequently reminding employees that that is free and confidential and available to not just the employee, but every person in the employee's household. And so we encourage everyone to remember to take the time to speak to your coworker and take the time to speak to each other and say, Do you need a smile today? Do you need a hug today? Do you need me to help you with something today? Those overtures that we can just take a moment to do can really help show how we care in the workplace and to each other. Each employee health plan, whether it is the city's Cigna plan or the police or fire health trust also have behavioral health benefits that are quite robust. And those are the starting points for knowing how to take care of ourselves and take care of our own mental health. The city does have a wellness program. There's a great tie between our health and well-being and the ability to take care of our bodies so that we are exercising, eating right, and maintaining our health. Those are the types of things that we do as an institution to provide avenues for our employees. Clearly, I am in full support of what the manager and the chief are saying that when we need to do more, we probably need to rethink and do more. So I am just offering what we offer now as the baseline of what we have and that it is available. And we have each other and we have these resources. Um, we do, I do want to be supportive of what the manager and the chief are saying that in this case, police and fire and the, uh, public servants that are in these arenas, um, they are special and they do need special support.
Commissioner Suarez. Thank you, Mr. Mayor chief. Simple question. What can we do?
To start, I think that having this behavioral specialist that is more in tune of what's going on with the world around us is a start. I've been trying to vet individuals from all spectrums. It's not just a regular behavior specialist. It's someone who knows the world that we live in, knows the sacrifices, knows the language. You know, and something that I would love to have our police department also be cohesively involved because it's so much easier when we're all playing in the sandbox together than in silos. And I think it's a start. It's a start to where we need to be, you know, in support of the greatest city in the world and You know, in 2025, this is a conversation I'm having, but it's better now than never. I started the peer support aspect of it in 2014. You know, we got our emotional support dog, Deco, that is still getting trained to not poop in the cars when we take him to places. But there's data to support it. But I think it is a start to resiliency. and that everyday individual that that is their specialty, not calling me on a Sunday at seven o'clock that you broke up with your girlfriend. Because there's only so much that I can speak to that before now it becomes the blurred lines. You're fire chief, you're gonna get mad, I have to call out because my girlfriend's mad. And I don't ever wanna give anyone that optic that, First of all, I'm digna first when someone is calling me like that. I make sure I take all of that out because I'm worthless at that point if I don't have the human component. But I have to be able to have someone that is a professional that built a relationship with this individual, and they're there every day, not something that's going to be up for grabs in two years once they've established that relationship.
Through the vice president. There's a motion on the table. I would like to fund this through reserves to get you started right now. We're only in May. I don't want to wait until next year's budget process. Eric? I want to get it funded through reserves this year. I don't know if Jason's still in the room, but I'd like the support of my colleagues. And then we can figure out where we're going to fund it going forward. But this is to me, this is not a discretionary item that gets cut from year to year. This is this is a critical piece of life safety equipment for our firefighters.
Full stop. We'll make it happen. And just and just just clarification for me through the vice mayor. Thank you. And this builds upon, I just want to make sure, the EAP that our HR director mentioned, and it builds upon the mental health specialists, Mr. Manager, that we funded last year? Correct. Okay. So this builds upon, it's not in lieu of, it's not taken away, it builds upon what we already funded last year and what we already have today with the EAP and mental health specialists.
we will absolutely be adding resources to the department to make sure they have what they need. Thank you, Mr. Manager.
And just to build on what you said, Chief, and the EAP stuff is really great, Marla. I'm not minimizing that at all, but this is different. This is like saying to a combat veteran who just came home from deployment, Call the EAP folks. They'll help you sort it out. You need somebody who speaks the language, who's been there, who's been in the trenches. EAP is great for a lot of things, and maybe that's where the person ends up, but you need somebody who knows the life, who understands the pressures, who's been there, who speaks the language. And it's critical. It's not easy to find necessarily, but we need to make sure. And you've heard me say this, the chief, the other chief behind you has heard me say this. I mean, so many people, in the field have heard me say this. I've been very open about Julia's struggles and thank God she's here and thriving 11 years later. Thank every God known to man and to some incredible mental health professionals because she wouldn't be here without them. And asking for help is never a sign of weakness. It is always a sign of strength because for a lot of us it is the single hardest thing you'll do. And so we want to make that ask so easy for your team and for chief jones team when people need help we don't want to make it harder for them to feel like they can find that help so i move the item second can we call the vote and uh mr city clerk i'd like to co-sponsor this as well we can call the vote
So I have a motion by Commissioner Bott, seconded by Vice Mayor Dominguez, with Commissioner Dominguez as a co-sponsor.
And Joe, too.
Okay, so I have co-sponsors, Commissioner Dominguez and Magazine. All in favor, please say aye. Aye. Anyone opposed? The item is approved, 70R7AB.
Thank you.
Chief, thank you for... I think we're all going to come down and give you a hug.
Thank God I don't have OCD, right?
Thank you, and thank you for being here and sharing, opening up your heart to us. Wow, what a way to end the meeting. Makes you appreciate, I guess, I think we're all going to go home and give a big hug to our loved ones. Thank you, and may God bless us and watch over all of us.
This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.