City Commission - Regular Meeting

Tuesday, April 21, 2026

The North Miami Beach City Commission addressed noise ordinances, community association registrations, pet sales, and a facility use agreement for a local youth soccer program during their regular meeting.

About this meeting

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

Transcript

1075 sections

8:30 – 9:06Speaker 6

Okay. I'm trying to work it through.

9:07Michael Joseph, Esq.

I'm working through it. Okay.

9:29 – 9:53Speaker 6

You want a water or something? No, no. Oh my God. It's so confusing. Say it again, blue side.

11:03Speaker 6

retirement's good. I'm glad to hear it. We're happy to see you. Yeah, we're happy to see you.

12:27 – 12:48Michael Joseph, Esq.

All right, we're about to start. Good afternoon, everyone. The time is 6.40. We are gonna start our Tuesday, April 2021st commission meeting. Madam Clerk, can you please do the roll call?

12:49 – 13:06Speaker 18

Commissioner Chernoff? Here. Commissioner Florimon? Here. Commissioner Jean? Here. Commissioner Smith? Present. Commissioner Hsu? Here. Vice Mayor Smuckler? Present. Mayor Michael Joseph? I am here. You have quorum, sir.

13:06Michael Joseph, Esq.

Next is the invocation. Commissioner Floremon? Pardon me?

13:14Speaker 6

A moment of silence.

13:17Michael Joseph, Esq.

Regarding former Vice, yes, go on.

13:25 – 14:59McKenzie Fleurimond

Good evening everyone and thank you Mr. Mayor for setting aside this moment to recognize a public servant a scholar and an environmentalist, someone who dedicated her entire life to service, and that is Vice Mayor Nancy Matea of Coral Springs. A couple of weeks ago, the entire nation was hit hard and has since been mourning the loss of such a vibrant spirit in the person of Nancy Mater. was a public servant, truly was a public servant. And I think it's very rare that you meet someone who is able to resonate with so many people and be personable with so many people and have an influence on so many. And Nancy was that person. And so we honor her today. We honor her legacy. And I think that we all should emulate her example in what we do as public servants and everyone as well in their role as a community leader and someone who is helping organize and lead a community, we should all emulate what Nancy stood for. And those are my thoughts. I know that more of my colleagues may have something to say, so.

15:01 – 15:12Jay Chernoff

It's truly a loss. She was definitely what we call and look up to as being a public servant and she loved what she did and it's so sorry for all of us and her constituents.

15:13 – 15:24Daniela Jean

I wanted to take this time to extend deepest condolences to her family and it was just just a traumatic loss for our community as a whole and her example her legacy will live on.

15:26 – 16:12Phyllis Smith

I just want to say that May her children always remember her with all those fond memories they have and be grateful that she was their mother and they I say to you that if you see anything here anything say something we in North Miami Beach have violence every single year a walk against violence and the devastation is not just the person that's gone and the person that did it it's to the whole family and in this case it's to the community and beyond she was a service person every step of the way and it's a huge loss maybe she may she be sitting on God's lap

16:14 – 16:30Fortuna Smukler

Thank you. I had the opportunity to meet her back in 2022 when Commissioner Flormond introduced me to her at an emo class in Cocoa Beach.

16:32 – 17:29Fortuna Smukler

And as she was coming our way, And, you know, I forget many things. And for some reason, this I have never forgotten. You said to me, watch her. She's an up and comer. And she was definitely that. However, I do wanna give my sincere sympathies to her parents who have not just lost one child, but have lost two children in three months, no parent. No parent should lose one, much less two. So my deepest sympathies go to her parents. May she rest in peace. And all I can say, and sometimes people don't like to hear that, but at least the siblings are together in heaven.

17:35 – 18:17Lynn Su

I'd like to extend my deepest and sincerest condolences to her family. And I know my friends have been wanting to introduce me to her since I got elected. And they said that what a great example she is for being a public servant and being always standing and doing what's right for the residents and being nonpartisan about her thinking and what's right for the residents. That is something that I also admire. And even though I didn't get a chance to really meet her, but I've heard so many great things. And like Commissioner Floriman said, yes, I think we could use her as a good example to bring us all together. Thank you very much.

18:18 – 19:17McKenzie Fleurimond

And Mr. Mayor, if I may, you know, her family really hearkened on the importance of how she lived. And I think that in our honoring her, there's a lot of things that she stood for. She stood for equality. She stood for diversity. She was a fighter for the environment. She was a scientist. So she fought for the environment to make sure that our ecosystem was one that was cared for. And so as elected officials, and as I said, as public servants, It's just super important that we lead with that in mind and everything that we do that we make sure that we put the people first. And that's something that I will dedicate myself to definitely lead as she would lead and to take that as an example.

19:18 – 19:51Phyllis Smith

And Mr. Mayor, before you take the mic to say what you'd like to say, I didn't have the privilege of knowing her personally, which is my loss. But her children were the children of the community, finding that she had, I thought she had stepchildren, but she did not. She had all the children of the community and beyond. And I want to tell you, what you see on television and the dedication she's had and the thousands of people that show up, you don't have to say a word about her. What you see speaks volumes. So thank you again.

20:01 – 21:05Michael Joseph, Esq.

Nancy was the best of us. Going back almost 10 years, I've been set as, you know, As many of you know, I'm very proud when it comes to people I care for. I have not been as open as my fellow colleague knows me quite well. I pray for her family. I pray for the friends that knew her well and loved her. I pray that she remains to be a beacon for this community for generations to come. And to the people that have suffered or have been impacted by domestic violence, don't suffer in silence. Please speak up. And, you know, please speak up. That being said, next action item on the agenda is Pledge of Allegiance.

21:08 – 21:19Speaker 6

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

21:22Michael Joseph, Esq.

Madam Clerk, any requests, withdrawals, affirmants, or additions?

21:27Speaker 18

Mr. Mayor, I do not have any requests.

21:32Michael Joseph, Esq.

All right, that's being done. Next is presentations. No presentations?

21:39Speaker 18

Let's go to public comment.

21:41Michael Joseph, Esq.

Oh, if you can open up for public comment.

21:44 – 22:11Speaker 18

Good evening, everyone. The Mayor and Commissions of the City of North Miami Beach has opened the meeting for public comment at this time. There is a three minute time limit for each speaker. Speaker, when you're called to the podium, please state your name for the record. The Mayor and Commission of the City of North Miami Beach recognizes the importance of civility. The City of North Miami Beach requests that all the new attendants exercise civility towards each other. And our first signed speaker is Star Breedlove.

22:30Speaker 12

Good evening. My name is Star Breedlove.

22:36Speaker 6

How about now?

22:40 – 23:25Speaker 12

Okay. My name is Star Breedlove, a member of the Voter Council in North Miami Beach. We want to thank our mayor and all of our elected officials, our city manager for all of your support. and making Heritage Day happen for us and keeping us close to your heart, as I hope, and as well as in the budget. So we want to thank all of you guys for all of your support, continued support. Special thanks to Ms. Andres Bernard for everything that she does. Had a lovely meeting with her today. Thank you. Anyone else with it? That's it. Thank you.

23:25 – 23:41Jay Chernoff

Mr. Mayor, I'd like a personal privilege here. I'm from the Washington Park Heritage. Sorry I couldn't make it this year. This is my first day back from surgery. So I really, you know, I'm always there for you. So thank you. You were there. Glad you had a great one.

23:41Phyllis Smith

You were there. Yeah, you were there in spirit. We felt you.

23:50Speaker 18

Next signed speaker is Pat Santangelo. Sorry about the mispronunciation.

24:01Speaker 6

Sorry. Name and address.

24:09 – 24:42Speaker 21

Hi, how are you? Good evening. My name is Paola Caizel. My address is 1463 Northeast 182nd Street. I'm a resident here. I'm here trying to get the Warriors program of soccer to our community. We travel all the way to North Miami so my son can play soccer. And it'll be great because I've tried all the soccer teams in this area, and weekly is about give or take $150. And for a single mom, it's really hard. Thank you.

24:45Michael Joseph, Esq.

Okay, next speaker.

24:47 – 29:26Speaker 24

Yes. Good evening, everyone. My name is Catalina. Oh, you hear me now? Okay. Good evening, everyone. My name is Catalina de la Menge. I am a part of the Little 80 FC, and I wanted to thank you for giving the Little 80 FC soccer team the opportunity to be free, to be accessible for every kind of children, every type of children. As a mother of one, That's my son, and that's my nephew. I have been in a soccer atmosphere, soccer team for, since my son is three and a half, four, today is 12, and I always paid every month like 450, 500. In 2023, I lost my husband, so since our finance has been difficult, and we moved in North Miami, And moving in North Miami, we went to a school. I registered my children to a school, a nice school, on JFK. And JFK saw the potential of my son, and they put him in a soccer. However, they sent us to a little ADFC. And I was very shocked to see that a team like Later 80 FC provide the opportunity to every kids, any kids in Miami, the possibility to play in a team because it's not everyone that have the chance, that have the opportunity, the grace, the parents, you know, are involved for them to play in team and admit million moms, and it was hard for them, hard for single parents that are single in different way, to have their children to play soccer. You may not see the impact now, but it's when them children go back home, it's a huge impact to wake up every day to be happy, to go to a team, to have the possibility to go to a team, even to walk there. and to play and it's not every children that has this opportunity and have been around children that didn't had moms like me, moms like other mom that will pay a ton of money every month and every six, seven months to travel overseas. I'm from France. In my country, the soccer is free, and they provide opportunity for our children to go to a formation to play for free. And when I saw that here, I found it amazing. The first time I went to Little ADFC, I saw the children, the way they were, everybody was so beautiful. And I am in for a long time, and I didn't see this kind of joy, even though I am a mom, I'm invested in my children. I'm invested in everything, from A to Z. And I didn't see that. that joy, that love, that passion. The way the children play there is very different. It's beautiful. They play like it's their last day of living and it's so beautiful. And the first time I bring my children, I cry. I was like, my God, that's so beautiful. And when JFK sent me there and I saw his team and I tell them, What you're doing is amazing. It's beautiful. And I thank you, all of you, for giving to all these kids the beautiful opportunity to go and to have fun, to play what they love to do. I mean, to play what they love to play. And for them to have the opportunity to play soccer and maybe be pro. I believe they can be pro because the way they play is just amazing. So thank you for everything. and I'm grateful for, for giving the opportunity for my children to play, and because my finances has not been great right now, because now I'm student, really student, full student, and it's an opportunity for me as well.

29:27Michael Joseph, Esq.

Thank you. Thank you. Next speaker.

29:29Speaker 18

Paola Sacido, and then Karen Harold.

29:34 – 30:47Speaker 25

My name is Pat Santangelo, co-founder of Little Haiti FC. 12 years ago we started. It's the only free youth soccer program in the state of Florida, one of the few in the United States, recognized internationally as one of the best youth soccer programs in the country. recognized by the Inter-American Bank as one of the best anti-poverty programs, Inter-American Development Bank, which funds anti-poverty programs in South America and Caribbean. We're the only program they fund in North America because they say we're one of the best anti-poverty programs they've seen. It's the best gang alternative, stay in school, you name it, to keep the kids out of trouble. They're 12 years, every kid graduated high school in 12 years. We start at five years old to young adults. 80% of the kids went to college. We do social services, wraparound services, after school programs. It's more than just a soccer program, it's a huge, for the children to be able to assimilate in their schools and in their community. Thank you very much. Thank you.

30:59Speaker 18

Next speaker is Paola Sacito. Okay, Karen Harold.

31:17 – 34:39Speaker 20

Hi, my name is Karen Harold. and hello, Mayor, Commissioner, City Manager, Deputy City Manager, City Attorney, and City Clerk. There are a couple of concerns that I would like to address. One, the petition being circulated in our communities of which the City Manager sent out a letter saying it's not from the City of North Miami Beach, thank you for that, and I want to talk about in the folly it represents. Comparing the size and population of cities around us will explain why I say that. So, according to our website, The city of North Miami Beach is 5.2 square miles with a population of 41,253. Miami Gardens is 19 square miles, population 111,640, and they're divided into specific residential districts City of Hialeah, 21.6 to 22.8 square miles, population 221,000 to 235,000 population, and the city council's elected by all voters citywide. Remember, we're only 5.2 square miles with a population of almost 42,000 according to our website. All the districting would do is divide us and put one district against another. The commissioner for their district would be looking out only for that district and most likely try to get as much from the one budget we have for their district. Now imagine five other commissioners doing the same thing. Divide and conquer. What would our new model be instead of where people care, which I think means about each other. Okay. And I'm going to skip ahead to... I'd like to address what happened at the last city commission meeting when, once again, our commission chamber was disrespected with a lawyer basically trying a case by finding fault with a resolution for censorship, which our attorney prepared, so that didn't shed such a good light on him, versus addressing the potential misdoings of the mayor. The only focus was on getting the video and any paperwork from the interviewers. the people that were interviewed. Nothing was addressed regarding the concern of possibly bypassing procurement to giving an expensive contract for the city we already have, plus the P-card expense for the upgrade for the travel. I felt like between the mayor's lawyer and the mayor was set up to be a court of law, and this case argued with yelling, and lecturing, no substance regarding the above-mentioned items. Everything was met with the mayor's response, I didn't do it. And when the mayor introduced his lawyer, he said it was because he was advised not to speak. So why did he speak throughout the whole discussion after his lawyer spoke? The mayor's lawyer started putting a negative light on our employees. He just did what lawyers do. Our commission chamber and our commissioners deserve more respect. They were not up there to try a case. They are not lawyers. The only one that's a lawyer is our mayor. When the mayor's attorney said to a reporter, we won, To that I say, no, you didn't win. Our chambers is not a court of law. You presented the mayor's defense with yelling, used what sounded like scare tactics, intimidation. You lost my respect for your display. And I think for the civility, you need to add anybody who speaks, because it says residents and that. The civility pledge, it should be anybody who speaks on the podium.

34:40Fortuna Smukler

Next speaker. I don't think that microphone is working well.

34:45Fortuna Smukler

You can't hear, it's, I don't hear, can we try that microphone?

34:49Michael Joseph, Esq.

All right, next speaker.

34:52Speaker 18

Joas Castro, and then Ketley Jochen.

35:00 – 37:05Speaker 13

Hi everyone, I'm Joan Castro, also known as Coach JP. I'm a physical educator. I run a soccer school in the city of North Miami Beach. Since 2023, 22, I established the school here in the city. In the last two years, we have a program, a very affordable program, running in Allen Park and Uleta Park. We've been going from one park to the other because six months of the season, the football team uses Allen Park. And we've been growing. We have here in this program around 50 kids. Seventy, 80% of the kids are from the city, and it costs way less than what was mentioned today. We are a recreational program. We are not a travel team, although we also play leagues. We play Sunny Isle Beach League, and we also play a small league that I partner with two other teams. including Little Haiti. We played against them in leagues before. So I would just mention that so the city now is aware that we have a program, very affordable, and we have kids. that eventually when the parents cannot afford it, we waive the fee. And I think, I have the feeling that the city doesn't know about that. Okay? The school is called Miami School of Soccer. It was established in 2019. We have two different locations, one here in the city and another one that we run in Oak Grove Park with more than 150 kids. So I'm available for more information. Don't hesitate to contact me. Thanks for your time.

37:07Fortuna Smukler

I can hear him much better there. Phyllis, you can hear him better too there?

37:20 – 40:22Speaker 17

Okay, good evening, mayor and commissioners, city manager, staff. My name is Ketley Joachim and I reside in Uleda. On April 11, 2026, the City of North Miami Beach hosted a historic welcome reception and press conference at the Littman Theater in honor of professional footballer Duquesne Nazan. The event was a resounding success, evidenced by the attendance of hundreds of community members and significant international media coverage. Press representatives traveled from across the globe, including France, Italy, Haiti, Canada, and Jamaica, bringing unprecedented global attention to our city. I would like to extend a sincere thank you to the mayor and city commissioners for their support of this initiative. Special recognition is due to city manager Darwin Williams. It was his specific vision and leadership that brought this event to fruition in North Miami Beach. By recognizing athletes of Nassau caliber, the city manager has strengthened our cultural ties and highlighted our city's place on the international stage. As the FIFA World Cup approaches, the inclusion and celebration of players from the Haitian national team is deeply meaningful. As a native of Haiti, I am personally grateful for the city's commitment to inclusion. The event did more than just honor an athlete. It unified the local Haitian-American diaspora, showcased North Miami Beach as a hub for international sports culture, fostered community pride ahead of the world's most prestigious football competition. Thank you again for your dedication to making North Miami Beach a vibrant, world-class city. I look forward to seeing the continued positive ripple effects of this successful reception. And also, today, we have the honor at Taylor Park to do a beautiful event for Fran Rica. I thank each and single one of you that showed up with the beautification committee to make this happen. I would like to thank Sam Bernard, who has worked tirelessly to make this happen. I would like to thank each and single person that had something to do with this, parks and recreation. Right now, if you go to Taylor Park, you are able to sit and enjoy the view. So when you all stress after this, just go to Taylor Park and sit down and have a wonderful evening.

40:22McKenzie Fleurimond

I think it's sun up to sun down.

40:24Speaker 17

Oh, come on. Come on. Go and enjoy it.

40:28Fortuna Smukler

We could if we end the meeting in the next 20 minutes. There you go.

40:34Michael Joseph, Esq.

Thank you, next speaker.

40:39Speaker 18

Bruce Lamberto, and then Mara Hawk.

40:42 – 43:42Speaker 22

Good evening, mayor and council, city manager, city attorney. This man that spoke just before me, Bruce Lamberto, Eastern Shores, has had a soccer program for going on five years now. He started out over at Mishcon Field, and then Boca Soccer came in there, he got kicked out. He found a field over at Oak Grove Park, the park over there. So he's built his program over there. He had enough interest from residents from North Miami Beach to do a second program at Allen Park. He pays rent to our recreation department to do this. And by the way, I've heard all these high prices from the residents here or the people here about this $150 and 200. He charges $50, $50 a month. for every Saturday program, one hour, hour and 10 minute, hour and 15 minute program. So you get four or five of these classes every month for $50. And I've personally seen him have signed up people and some of these single moms came up and said to him, you know, I'm gonna have to pull my kid out because I don't really have the money to pay you this month. He says, don't worry about it, I'll cover you. So he's doing this. He's got probably a dozen kids or more that he's paying the freight for them. He's got to pay his coaches. He has about seven or eight coaches because these kids are all divided up into age groups. So he's doing a fantastic job. And if you want to see this, go there Saturday over, at Oak Grove Park and you'll see the program there. The kids all have uniforms just like these kids do over here and they're all inclusive. There's a broad cross section of our city playing soccer over there. And I really think that this issue here, it shouldn't, he never knew about it, I never knew about it. This is like the trolley all over again. No bid, nobody else gets to have the opportunity to participate in this. My suggestion is you play Solomon. Cut this grant down the middle and award half of it to each of the groups here. You're gonna have, He has almost 200 kids between the two programs. I don't know how many are here, They deserve, the kids, my kid, who's in the program, deserves that help from the city just as much as anybody else. And I'm hoping that you guys will at least consider the residents here, like myself, when you award this, and it should be, again, if you split it down the middle, who can argue with that, right? You're gonna equally take care of people. And Mr. City Attorney, I'm hoping that, hello, hello? I'm hoping that you'll look at this contract and say, yeah, maybe you got a point there and advise the commissioners accordingly. Thank you very much.

43:43Michael Joseph, Esq.

Thank you. Next speaker.

43:47Speaker 6

Mara Hawk and then Terrence.

43:51Phyllis Smith

The other, yeah. Kamenzade.

43:55Speaker 11

Oh, this one is working.

43:58Fortuna Smukler

No, we don't. Hello. We don't hear it well, though.

44:07 – 45:19Speaker 11

Good evening, distinguished servants of North Miami Beach. My name is Maria Hawk, or Mara Hawk. I am resident of this city for a long time now. I want to speak clearly tonight about the proposed septic to sewer conversion, because for many of us, this is no progress. is a burden we are being asked to carry without justification. Let's start with the most immediate reality cost. Right now, many residents rely on septic systems that are affordable and already paid for. This proposal will force homeowners to take on massive hookup costs on top of mostly money sewers bills that we pay today. Okay, sorry. More higher cost for what we are paying would be if this is a sect.

45:20Speaker 9

Good evening, North Miami Beach.

45:25 – 48:00Speaker 11

Okay. This proposal, give me more time. This proposal, let me see what it was. This proposal would be, it's a financial shock for working families, retirees, and long-time resident. This is simple, not sustainable. And let's be honest about what's driving this. We are being told this is about infracture, but the reality many of us is different. Expanding sewers access make it easier for developers to build large, projects, projects that will not be possible with septic system. in place. So while residents are being asked to pay tens of thousands of dollars, developers are the ones who stand to benefit the most. That is not fair and it is not right. There's also the issue of getting of the gentrification. When sewer systems are in place, land becomes more attractive for high density development. That means rising property values, raising taxes, and eventually displacement of the very residents who build this community. And there is accountability. Residents deserve to know who truly benefits from this push. Because from where we stand, it feels like certain boys on the base are pushing for the development interest over the needs of the community. Let me be clear. This is not about opposing all change. It's about opposing unfair change. This is about saying that residents should not be forced into a system that is significantly more expensive than an open door to all under development. And that risk pushing people out of their own neighborhood. Because our community should know how to pay the price so that other can profit. Thank you.

48:01Michael Joseph, Esq.

Thank you, next speaker.

48:09Speaker 27

Good evening. Mayor Joseph, Vice Mayor Smuckler, and all the commissioners.

48:14Phyllis Smith

Our condolences and prayers to you. Thank you.

48:18 – 51:04Speaker 27

My name is Terrance Camenzuli. I'm a 35-year resident of the city of North Miami Beach the last 33 years with my late wife here in Sunray West. First, I'd like to thank you, the mayor, and the commission for the recognition of the time I've spent here, and especially with the proclamation that you guys provided with her funeral last Friday. Thank you again. I also like to thank the city for recognizing Fran Ricca for her long-term volunteerism to the city with the dedication today of the trees over at the park. Unfortunately, I was not able to make that because of prior commitments. One thing I'd like to bring up, speaking to many residents in the Sunray West area, especially those who live along Edna Moffett Boulevard here at 171st Street, we have people that like to use the sidewalks to walk their dogs, just take leisurely walks, especially in the morning time before it gets really hot, especially in the evening time before it gets really dark. However, there is a large number of people that are riding their electric bikes at high speeds, electric scooters at high speeds along the sidewalks. I've almost gotten hit three or four times just by them speeding by instead of them using the actual bike lanes that are there. I know the city of Miami Beach, the city of Key Biscayne have created ordinances that prevent the use of these on sidewalks and or totally use of these vehicles in the city. It's something that I think we need to look at because it is an unsafe situation and it's something that I will ask the city commission and the mayor to look into doing over the next year, coming up with an ordinance to prevent this from happening and to prevent an injury or worse, a death occurring because these residents are using the sidewalks very dangerously. Finally, one other thing that's being brought up to me in the area is the construction of the former Nova Southeastern site. There are lots of trucks that are coming up 17th Avenue that are actually crossing over into the actual Sunray West neighborhood versus the city central area. And they are full of trucks that are full of debris.

51:06Speaker 27

And it's something that needs to be done because I thought they were supposed to only be using 167th Street to 19th Avenue. A lot of complaints in the area. Thank you for your time and have a great night.

51:17 – 51:31Fortuna Smukler

If I may, TC, we actually did not have it ready for today's meeting, but I already have legislation that I'm sponsoring for the scooters and it will be on the agenda next month.

51:33Michael Joseph, Esq.

Thank you. Next speaker.

51:38Speaker 18

That was the last signed speaker, if anyone else.

51:45Fortuna Smukler

The other microphone, please, Mr. Kazan.

51:49Speaker 2

You can hear me all right.

51:51Fortuna Smukler

All right. Don't complain if we don't.

51:54 – 55:11Speaker 2

That's okay. Nothing new. Mubarak, Kazan. North Miami Beach resident. I have to wear the shades, Mr. City Manager, because last time I was here, the sun was shining in my eyes, and again, I have to wear it, and I'm not a FBI. Okay, so I went into Home Depot the other day, and I asked one of the assistants there in the electrical department to help me. He says, he's not from this section. You have to ask somebody who's from this section. And today, why I mentioned that, I came home and something was hanging on my doorknob. It says they're against districting. They're for districting meaning, Each and every one of you would be representing a district. So if I call, I know I have access to like five of you. I can pick up my phone right now and we can talk anytime. When you're with district in, you call, let's say, I'm not in your neighborhood, Commissioner Chernoff, you would say, oh, you have to call your representative. Only one representative you get in. And I've been here for more than 20 years, and I've complained almost about everything, but never have I complained that any of you have been refusing to take my calls. Even the mayor, when we weren't talking terms, he used to take it anytime, but however. Septic to sewer, that also is a problem. I know the mayor is pushing that heavily for his developer friends, claiming that Florida is sinking and we need to get the septic to sewer. Well, I'll tell you if Florida is sinking, we all would have to move out from here. No septic to sewer is gonna save you. Septic to sewer is just a developer's dream in North Miami Beach. And I'm not talking about other areas, which I'm not going to mention, because the developers are not attracted to there. We have the ocean. We have Grenell's Park. We have a lot of nice sceneries around here, where the developers would love for the taxpayers to foot that That sewer bill, put down the sewers and the sewer lines, and then they move in. And as what the previous speaker said, gentrification is going to set in. We are not living at the side of a river or by Highland Village or Eastern Shores where it was necessary for them to have it. A lot of us not living in the commercial area. So this gimmick that you have that this place is flooding and you had the former city manager saying that when the rain falls, the sewer's gonna be flowing down the streets, it's a gimmick. And I have him on video saying that. Thank you very much for having me. Did you hear everything, Commissioner?

55:12Michael Joseph, Esq.

Thank you. Any more speakers?

55:18Speaker 18

No more speakers, Mr. Mayor.

55:22Michael Joseph, Esq.

Yeah, you have some requests to, because that was, if you wanna.

55:27 – 55:58Speaker 18

Yes, so there are two items that is being requested to be deferred. One is under consent, and that item is 9.8. which is resolution number R2026-54, and that's being requested by the city manager. Item 15.1, under the discussions, that's being requested to be deferred by Commissioner Hsu, which is her item, entitled Boards and Commission Appointments. So, if you can. Okay, okay.

55:58Michael Joseph, Esq.

Do I have a motion?

56:01Fortuna Smukler

I make a motion.

56:03 – 56:17Michael Joseph, Esq.

All in favor say aye. Aye. As amended, so. Thank you. City attorney, could you, we're on consent, oh no, are we on consent or? No, city announcement. City announcement, sorry. I'm gonna.

56:18 – 1:00:06Speaker 9

Hello, good evening, mayor and commission, city staff and residents. My name is Jasmine Joseph, the interim communications manager. Go ahead and take it away, IT. Good evening, North Miami Beach. The months ahead are filled with opportunities to connect, celebrate, and stay involved. From community events to key city updates, here's a look at what's upcoming as we continue our centennial year and strengthen engagement across our community. The city continues to prioritize senior engagement with an upcoming senior luncheon on Friday, April 24th from 11 a.m. to 2 p.m. at the Marjory and Williams McDonald Center. In celebration of National Arbor Day, the City of North Miami Beach, in partnership with the Beautification Committee, will host a tree giveaway on Saturday, April 25th from 9 a.m. to 1 p.m. at the Senator Gwen Margolis Amphitheater. Residents can receive trees while learning about sustainability and environmental stewardship. A farm share food drive will take place on Thursday, April 30th from 9 a.m. to 12 p.m. at the Yelida Park Community Center. Food will be distributed on a first-come, first-served basis with walk-ups welcome, Join us for the NMB Gumpa and Kids Fest on Saturday, May 2nd from 11 a.m. to 3 p.m. at Grunold's Park. This is a family-friendly event which will feature live music, cultural entertainment, kids activities, and free food. The City of North Miami Beach invites entrepreneurs and small business owners to attend the Small Business Summit and Expo on Wednesday, May 6th from 10 a.m. to 3 p.m. at City Hall. The event will feature workshops, networking opportunities, and business resources. Registration is encouraged through the provided QR code. Step into elegance at the Bridgerton Senior Prom on Monday, May 11th from 1 p.m. to 4 p.m. at the Marjorie and Williams McDonald Center. Residents are invited to enjoy an afternoon of music, dancing, and a beautiful themed experience designed especially for our senior community. Experience culture and community at the NMB Asian Night Market, happening Saturday and Sunday, May 16th through 17th. Enjoy food, entertainment, shopping, and live performances in celebration of AANHPI Heritage Month. The next regular City Commission meeting is scheduled for Tuesday, May 19th at 6 p.m., located at City Hall. Residents are encouraged to attend and participate in shaping the future of the community. Free healthcare services will be available at the UMC Mobile Health Clinic on Sunday, May 24th from 2.30 p.m. to 3.30 p.m. at the Yulita Park Community Center. No insurance, no appointments are required. The city continues to prioritize senior engagement with an upcoming senior luncheon on Friday, May 29th from 11 a.m. to 2 p.m. at the Marjorie and William McDonald Center. Close out the month of May at the Community Tea Party on Saturday, May 30th from 10 a.m. to 6 p.m. at the Ronald A. Silver Youth Enrichment Center. Residents are invited to enjoy a day of culture connection and community. Residents are encouraged to stay informed by signing up for the City of North Miami Beach text messaging system. Real time updates, alerts, and community information are available by registering online or scanning the QR code provided.

1:00:11Speaker 8

For a century, North Miami Beach has grown through vision, diversity, and a commitment to public service.

1:00:21Speaker 7

My name is Darvin Williams and I'm the city manager for the city of North Miami Beach. So exciting to be a part of the city at this historic moment, 100 years.

1:00:34Speaker 8

We invite everyone, residents, visitors, and stakeholders alike to be a part of this once in a generation celebration.

1:00:44Speaker 6

Together, we honor the past, celebrate the present, and move forward united for the next 100 years.

1:01:00 – 1:01:22Speaker 9

As the city looks ahead, it's all a part of our centennial celebration and continued investment in keeping our community connected and informed. For more information on these events and other city initiatives, visit the City of North Miami Beach website or follow us at CityNMB on social media. Stay connected, stay informed, and continue celebrating 100 years of North Miami Beach.

1:01:30Speaker 16

Okay, I'll be sure to make that adjustment. Yes.

1:01:35 – 1:01:50Speaker 9

Through the city clerk's office, we would also like to announce that the city of North Miami Beach in person clean campaign class is taking place on Tuesday, May 5, from 630 to 830. Here in the chamber. We hope to see you there.

1:02:08 – 1:02:23Fortuna Smukler

Well, now can you hear me? Okay. So we don't have a quorum. We don't have the attorney. Okay, so now we have one, two, three. No problem. You were the first one that walked out. It was the others who left.

1:02:26Speaker 18

City Commission reports.

1:02:28Michael Joseph, Esq.

City Commission reports. Madam Clerk.

1:02:30Speaker 18

Commissioner Chernoff.

1:02:32 – 1:07:03Jay Chernoff

Good evening, everybody. Congolenses to your family losing your wife, and I know that's a terrible thing. You were married for how many years? 33 years. All right, again, my apologies to any of the events that I've missed from starting April 15th when I had my surgery. Today is the first day back, and I did miss the Esposa Eastern Shores Communities one on the 15th, my day of surgery, so I do apologize for that. And the other big one was the Heritage Day. Besides the Heritage Day at Washington Park, Washington Park was privileged to have the first centennial block party. So hopefully the rest of our communities are going to get that. But, you know, again, it was I'm sure it was great to have and the community appreciated it. And thank you all. I want to thank Phyllis and Lynn for going today, for Fran. Fran Ricca, for those of you who don't know, passed away. And Fran was on our beautification for many, many years and was an integral part. And we redid the Taylor Park, which was thank the community, thank our city staff, thank the police department, thank everybody, our manager. for allowing it. And it was a great dedication this morning. We thought she was there with the winds blowing through us all because it was so windy this morning. And again, she was a lovely woman that we miss her dearly already. All right. Congratulations to Donnie Reynolds. As I said, Donnie has been an institution in this community. He started out as a motorman and traveled training all the motormen. Again, did a great job for our community and still here as a reserve officer, and we really do appreciate that. Arbor Day is this Saturday. What is Arbor Day? Arbor Day is Tree Giveaway Day. Each resident of North Miami Beach will get two trees one fruit tree and one regular tree. And all of our trees are Florida native and better for droughts and so on and so forth than hurricanes. So talk to us before you purchase, you don't purchase, you get them for free. Before you get your tree, really look at the chart that we're gonna have that will tell you how big that tree is going to get. And trees don't grow super fast. They take a while. So be in your house for five years, and then it finally is five feet tall, but so on and so forth. But that's this Saturday, 9 o'clock, and it's free to all residents. And actually, this year, it's free to our non-residents also, because the county is giving us 200 trees. So we have a total of 400 trees this year and we want to give them all away so everybody please come on Saturday. What else? Oh, the most important thing. There's a group going door to door in our community right now and trying to get you to sign a petition. If they go on your door and won't go away, call the police, okay? They're representing themselves as being the city of North Miami Beach. They are in no way, shape, or form attached to the city of North Miami Beach. And what they're asking you to sign is to go to districting. You've heard two or three people talk about it. Districting was brought up as this commission when I was there many years ago, and we heard from our citizens who didn't want it. They wanted all of us to represent them, not one, and that's what districting will do. So again, we had a pastor of our community you know, talking about it, how good it is, it's not good, and the pastor should stay away from that. This is a political hot potato right now, and they came to my door on Sunday, and my wife told them to leave, not signing, that you have that right to do that, and I don't know why they didn't come to our city. We have a committee meeting right now to come up with things that we want to do and bring forward, and They just are disrespecting that. So stick up for your community. Don't sign the petition. Thank you.

1:07:08Michael Joseph, Esq.

Commissioner Florey, you want? Wait, I got a point of reference. Regarding the trees, are we going to put some aside for the, because I know it's Saturday, the orthodox community.

1:07:16 – 1:07:38Phyllis Smith

The orthodox have to go to the library. The library will have the trees, and I have made a request, and the manager said he'll follow through to make sure they don't just get the... That the Orthodox don't just get the trees that are not fruit-bearing, that they will also have the pick of some fruit-bearing trees. They're not just gonna get the leftovers.

1:07:38Fortuna Smukler

Do we know what type of trees it is? I mean, other than fruit? Do we know what type of trees are getting away?

1:07:46Jay Chernoff

I don't remember.

1:07:48Fortuna Smukler

Does anybody here know what type of?

1:07:52Speaker 6

Oh, all right.

1:07:56Jay Chernoff

I'll have Maria, our arborist, send it to all of you, what the trees are.

1:07:59Michael Joseph, Esq.

Can I have an email sent out again?

1:08:01Michael Joseph, Esq.

I know we do it every year.

1:08:03Fortuna Smukler

Yeah, we've always advertised what type of trees are being given out, and we didn't this year. Yeah, we'll send it to them. Okay, thank you. Sorry about that.

1:08:12 – 1:08:23Speaker 18

Mr. Mayor? Yeah. I think I have some information. We have starfruit, jackfruit, soursop, and mulberry. Whatever. Okay. Okay.

1:08:23Jay Chernoff

All right. Those are the fruit trees.

1:08:27Speaker 18

That's all I got. I got something. Commissioner Florian, your commission report, please.

1:08:34 – 1:13:36McKenzie Fleurimond

Thank you, Madam Clerk. First of all, I wanted to extend our deepest condolences to you and your family, Mr. Kamenzuli. Our thoughts and prayers are with you. On last week, we had the great pleasure of welcoming an international soccer superstar, Dukins Nazan, to the city of North Miami Beach. And let me tell you, the amount of energy that was in that room was remarkable. I think that when it comes to the FIFA World Cup, And all that it brings to the United States, really having a focal point on North Miami Beach for that purpose was a good thing. And so I want to thank all of our team, our staff members, who worked so hard to put that together. Thank you so much. Haitian Heritage Month is in May, so we have a lot of things in store for our community. The Compa and Kids Fest is coming up. In addition to that, I know that there's other events that are happening, such as the kickoff for District 2 with Commissioner Marlon Bastien. But throughout the county, there's a calendar that's actually available for people who want to participate in various events throughout Miami-Dade County. So please be on the lookout for that. Heritage Day. Heritage Day is always amazing. And I really look forward to it every single year. I was excited to participate this year. And so I want to thank the Voters Council for welcoming the entire community to Heritage Day. What I will say is, though, I feel as if we... can work a little bit more in concert with the Voters Council. Not that we're not already doing that, but I think that we need to do that with a particular objective, which they can agree with, perhaps, is that when I look at certain communities, there are certain festivals and things that happen in those communities that really draw a crowd from all over South Florida. And I think that what the Voters Council is offering in North Miami Beach is historical in nature, that people from all over South Florida should know that it's happening, right? And that it could be a really big attraction for the city of North Miami Beach, just like in Sistrunk. Everybody knows about what goes on over there every year. And so I think that you know, Washington Park is that place, right, that we can have people from all over the county and all over South Florida come and enjoy the Heritage Day festivities. So, Mr. Manager, if you can look into that with the Voters Council, like, this event is already on the map. but I know it could be even bigger than what it is now. Aside from that, the voting site for Washington Park, it's super, super important that we make sure that that issue is addressed. I understand that the county leads that effort, but they've always used the facility provided to them by our city. And so I think that we need to also be very much in the driver's seat as to what we're offering them to solve that issue related to the voting site. And whether or not they've approved of something already, I don't know. I'm understanding that they've taken a tour of certain sites, but if those sites don't work, if we have to get trailers and put them out there at the same location where people have been used to voting, we need to really take that assignment on to make sure that the Washington Park residents are not trying to figure it out during election day, okay? And so there's those people who may come to vote at 12 o'clock in the afternoon and you tell them to go to another location, but then what about the person who gets off of work at 6.30 and shows up to the poll at 6.50 and then they don't know where to go? Or what about the person that needs to vote before they go to work and they don't know where to go or it gets confusing for them? So I really wanna make sure that we have something in that area specific to Washington Park. So Mr. Manager and Madam City Clerk, thank you. We're on it. All righty. ESPOA, thank you so much, Eastern Shores Property Owners Association for welcoming us to your annual meeting. In addition to that, I just wanna say, I did hear the conversation about Little Haiti FC and its importance. And so I am... ready to support that initiative, but I also wanna hear a little bit more about making sure that all of the kids in our community have a way of playing soccer. I don't think it has to be something that is adverse or something that is divisive in nature. I think that it's something where we can look at making sure that all of the kids in the area are supported. So thank you so much.

1:13:37 – 1:14:25Daniela Jean

Commissioner Jean. Thank you, good evening everyone. I just wanted to thank all of our city staff, city manager for all the amazing events that we've had in the past couple of weeks. It's been really exciting to see our community come together. As Commissioner Florman mentioned, Espoa and all the other communities that have really engaged us. I had the pleasure of also witnessing Tort of the Force. I think it was its 30th anniversary and it was amazing to see all the officers come out for a great cause. I want to use the rest of my time to get an update on Washington Park through the attorney. I know the last we had a meeting about the current contract and the new contractor. Can you give us a quick update?

1:14:31 – 1:15:48Speaker 8

We had an internal meeting to discuss with one of my partners and with procurement some concerns about our standard contract that came from the proposed new contractor the low bid which again let me point out is some 3.7 million dollars less than what the one that had previously been presented substantial savings to the city due to rebidding it which is we believe is our our right to do We still have some litigation we're moving forward to on that, but that hopefully is nearing a conclusion. But regardless of that, we went over the concerns that the proposed new contractor has. Keep in mind that they're at 15.3. We have another proposal that came in at 16.1 if we need to go that route. We're setting a meeting with the new contractor to talk about the objections that they had, which we've discussed internally in the last few days. And hopefully we'll be able to come to agreement on contract terms with them, but if not, we have somebody lined up right behind them.

1:15:49 – 1:16:17Daniela Jean

All right, so I know the last meeting, we were made sure that through the city manager and your team, you guys would be able to move forward in getting that done. The last I spoke to you, I remember you were mentioning, oh, it's a five-week delay, which turned into a six-month delay. So I'm hoping that we can expedite this process, and hopefully the next commission meeting, I'll start my comments with the same question.

1:16:19 – 1:17:05Speaker 8

I don't know. I mean, the item had previously been in front of you in November, but that was before we were still talking contract. That was into January, sorry. It is a little bit of a delay. I don't think it's six months, Commissioner, but... We're headed there. Well, hopefully not, but we... It's an urgent project, but on the other hand, we're talking, I mean, millions of dollars that were saved, and we know it's a very tight budget environment, so we're trying to balance getting it done as quickly as we can, but the millions of dollars in savings just was something that, in consultation with the administration, we just didn't think could be ignored.

1:17:05Daniela Jean

Absolutely. Well, looking forward to hearing from you and seeing how we can get an update weekly. Thank you.

1:17:14 – 1:23:28Phyllis Smith

Commissioners Smith Thank you so much. Good evening everybody Terrence our hearts go out for you You've been a loyal resident that cares about us and we care about you So I have a few things to say that are just standard. What are we doing? What kind of meetings? One of them is the senior luncheon, which is always packed. It's always full. You must sign up. You must call. You must register. You must come to the city and sign up. The senior prom night. So everybody saw it was Bridgerton. I don't think there'll be anything illicit, because I have seen that show once. I think it's just gonna be a lot of fun. And if you know my board, they are ordering dresses online so they can look of that era. It is gonna be a lot of fun, and it's gonna be a full house again, you must sign up. Okay. Um, Saturday we have a lot of things going on at the library, the tree, the free trees. And of course the Orthodox family can come and get their trees at the library during the week. And there will be some fruit trees for sure, as well as the other trees. They're not going to get the end of the pickings, but Saturday also nine o'clock in the morning, I think till one, you can get your driver's license renewed or get a driver's license if you lost one. So that's a once a month service and it's coming Saturday. I wanna say that Eastern Shores had its annual meeting and we try our best to do this in every neighborhood. The thing that I wanna mention about it is people came with their concerns, their complaints, And you know what? The manager was there. The police department was there. Code enforcement was there. They listen. They listen. So please don't sit at home and stay silent and stew over things that you see are not taken care of. Broken sidewalks, potholes, horrible traffic, a neighbor that is encroaching on your property. Whatever you see, call us. We can't be on every street, and we don't know. But when you call, we're going to do our best to remedy it. We want you to be happy where you live, and we want you to be happy in North Miami Beach. I also want to tell you my safety program is going to start safety first initiative. We're going to come to every neighborhood with the police department, with the manager, and we're going to give you more insight to help to keep your family safe. These are crazy times. These are crazy times, but we are on top of it. Uh, the first one will be in Washington park next week. We'll work out, start to work out the dates and the times and where to meet. And that'll be published. I also want to say that I'm did I too missed a few things last week. Some of you know, my husband had emergency surgery and it felt funny. It absolutely felt funny when I got the call that he needed to go to the hospital. They thought they were going to take him. I was on my way to present a proclamation for the city for Enchanted Lake down in North Miami. I was on 135th Street because half of it's in North Miami Beach and half in North Miami. And my family can't get over, I can't either, that I went to him in an emergency before I did the proclamation. It felt funny not to be there and not to Make sure that your money, when you have an event, is well spent, well attended, and well performed. Well done. So that's the reason I go. And I tell you, lately it's been amazing, the turnout. We just had Saturday for autism. The room was packed. impact and the only thing i can say to you what i say to them if you don't show up we're not going to spend the money next year so thank all of you that come thank all of you that take advantage of what we're offering i just want to tell everybody to have a good week to stay safe um i will say one more thing and thank you to the manager hazel crawford i believe that's going to be if i've got the got it right because um she is going to have an award because the first woman to ever integrate and i was going to tell you it's going to be at the miami-dade um junior college on northwest 27th avenue i was going to give you the date if you wanted to attend and watch her get her award that would be fabulous because we do want to support everybody that is recognized from north miami beach we'll come and see me after a call smith and here it is it's going to be recognition ceremony community partners award on april 28th from 10 to 11 30 in the morning and that's at miami day college north campus in the William Lehman Theater. All of you have a safe, wonderful month. We look forward to seeing you in June. And don't forget, we have swimming lessons for your children that don't know how to swim that are free. Our favorite four letter F word, free. If your child doesn't swim, that's on you. We live in an area that has water, and when you don't see the water, go around the block and you'll see more water. We have water everywhere. You must take advantage and make sure everybody in your household swims. Thank you, have a great month. I look forward to seeing you soon. Commissioner Hsu?

1:23:29 – 1:28:58Lynn Su

Thank you. Good evening, Mayor, colleagues, staff, and residents. Of course, I just want to give a shout out to all the past events that we just had in the past, this past month, whether it be Heritage Day or the FIFA activation with Dukins-Nazon, All of that I have to tell you that without our wonderful staff. It would not have been successful So I'd like to begin by recognizing autism awareness month. I think we've like mentioned this several times so just so that Just to keep an open mind like it's just for us to promote and understand accept and include individuals and families in our community I think our city is like really, I mean our commissioners here have done a wonderful job in that, so we must continue and ensure our programs and public spaces and services are accessible and welcoming to everyone. As we move into April and to May, I want to highlight several important recognitions. We will continue to observe National Volunteer Month, and I want to sincerely thank all of our volunteers, especially those serving on our boards and committees. As you've seen today, we recognize Fran Rica, and that is all because of our boards and our volunteers. So thank you so much. You strengthen North Miami Beach every day. May also brings us many heritage months, so as Commissioner Floremon mentioned, we have the Haitian Heritage Month, we have the Jewish American Heritage Month, and we have the Asian American Pacific Islander and Native Hawaiian Heritage Month, so there's a lot of that. Each and every one reflects the diversity that is very at the core of North Miami Beach. We have a shared humanity here in our city. For our workforce, we recognize and thank Public Service Recognition Week. I want to thank all of you public service people out there. Teacher Appreciation Week, I think it's May 4th to May 8th. National Nurses Week and Police Week. These are the people who keep our city safe and keep us taken care of all the time. Earth Day is tomorrow. So a reminder that our environment deserves to be protected not just tomorrow, but every day. Administrative Professionals Day is also tomorrow. So honoring those who keep everything operating behind the scenes, thank you so much. And Memorial Day is coming up, so be sure to participate in that. That comes towards the end of the month of May. Of course, that is the most important, because those people made the ultimate sacrifice. Our next UMC free clinic will be at Yulita May 24th. So if you know anyone who doesn't have insurance, who is not very healthy, or who had recently lost their benefits or anything like that, be sure to keep an eye out for the clinic. I want to remind our employees as well. We have part-time employees who don't have health care. You are welcome to come to that facility. So I see Coach JP, if you have families that do not have health care, please remember that we offer free health care. That's also free prescription medication as well. All right, so I'm excited to share by popular demand, North Miami Beach Asian Night Market is back. Everybody has been asking me about this. It's happening May 16th and 17th from 3 to 10 p.m. at the Jeffrey and Patricia Mishkon parking lot. This is a vibrant celebration of culture, food, small businesses, bring the community, bring your family, a meaningful way for us to celebrate Asian American Native Hawaiian Pacific Islander Heritage Month right here in North Miami Beach. So we have incredible energy this year and we are expecting a bigger turnout. So last time we hosted almost 2,000 people and this time we're hoping to get to 3,000. And I encourage everyone to come out. We have worked it out with the vendors. They are not charging anyone, whether you're a resident or not a resident. So invite the whole entire family to come, enjoy, try out something new. We have, I also was able to get a local celebrity. So she's a half Vietnamese Chinese. Her name is Lena Ung. If you were to go to one of her concerts, the tickets would be in the hundreds. She has agreed to make an appearance and perform at, in North Miami Beach, just North Miami Beach for free. So she's doing this pro bono. So if you wanna see, if you're not sure whether you wanna go to our concert, you can come take a listen. at the Asian Night Market. So other than that, I want us to be adventurous, check out each other's culture, learn about what we eat and what we do, and there's a lot of merchandise that's going on, you know, selling there. So I would love to invite you all to come join the fun and enjoy the evening together in the Asian Night Market. And last but not least... Is the food free? No.

1:29:02McKenzie Fleurimond

Commissioner Jean has really good ears. No, you said something about you guys worked it out with the vendors. I just didn't know what that meant.

1:29:12 – 1:29:30Lynn Su

So what happened is last time we charged the vendors to be there. This time we're having a different pay structure in a way that we can allow for all the people, like the entrance tickets, right? Last time, the tickets for non-residents were $7.

1:29:32 – 1:31:00Lynn Su

Right. That's what's free. So, I mean, like, if you had friends and family who really like something like this and you want to invite them to come over and you're the NMB host, you know, it's all free. Okay, are we clear on that? We're good? Yes. Okay, no free food, though. So listen, patronize our vendors. It's very important if you want them to come back, if you like them. So if you go there and window shop, most likely they won't be coming back to us again. And we have a lot of locals this time, too. all right this is very important to me so as we approach mother's day mother's day is may 10th um i know you know that but for me my mother is very important um i want to close with a reflection there was a time in all of our lives when we couldn't take care of ourselves when we depended entirely on someone else for many of us that was our mother who carried us, protected us, and sacrificed in ways we may not have fully understood. Even now, I have to remind myself that beyond flowers and gifts, the greatest thing we can give is honor. Honor is how we speak to our mothers, how we care for them, and how we carry forward the values they gave us. To all the mothers in the community and all those who listen, happy Mother's Day and thank you for everything you've done and continue to do. Thank you.

1:31:05Speaker 18

Vice Mayor Fortuna Smuggler.

1:31:12 – 1:32:05Fortuna Smukler

Good evening, I hope to see you all May 2nd, Saturday, May 2nd, when the Multicultural Committee and the City of North Miami Beach, Mayor and Commission, bring you the North Miami Beach Kumpa and Kids Fest from 11 a.m. to 3 p.m., and it's going to be held at Reynolds Park. And please register in advance, very important. And the following Saturday, May 9th, the Commission on Status of Woman is bringing back the Jacqueline Smith Mother's Day Breakfast. And as soon as that is open to the public, it's for mothers only. So dads, you can go shop at Walmart or you can go to the library. Well, what?

1:32:05Speaker 21

They got the hardware.

1:32:07 – 1:39:17Fortuna Smukler

Yeah, go to Ace. There's a lot of places you can shop in North Miami Beach. Happy Earth Day, happy Arbor Day, happy Administrative Professional Day, happy Cinco de Mayo, happy Mother's Day. Cinco de Mayo. Yes. Mm-hmm, we should celebrate Cinco de Mayo in our city. No, that's may the fourth be with you the day before. Yeah, didn't get it. May the fourth be with you, get it? Yes. Okay, okay. TC, again, my condolences for the loss of your wife, and to Hamid Naqveen, our water plant director, our condolences for the loss of his brother. This past Sunday at the library we hosted an autism fair and as always, everything the library does, everything, there's nothing the library can do wrong. It was such a wonderful affair and brought so much education into the lives of families with children of autism. Sorry I couldn't be there for Fran Rica earlier this morning, but I had to go to work and I just couldn't get out of going. Thank you to the PD for always, always, always taking care of all of us, our families, our visitors, our residents, our employees, everybody. So, I'm gonna be talking a lot today. There was a, there is, sorry, recently there was a mailer, some of you have already mentioned it and some in the audience has as well. Recently there was a mailer sent out about a petition going around. I believe that I have not seen a mailer in its entirety and conveniently, I suppose, it was not sent to my household. I just want to clarify some misinformation. Eastern Shores or the east side does not have four commissioners. We currently have two commissioners in Eastern Shores and one in Western Eastern Shores. Two plus one equals three, okay? I am termed out. I live in Eastern Shores. Commissioner Smith, who is from Eastern Shores, is up for reelection. When I am termed out, that leaves three minus one equals two from the east side. Ironically, there are four on the west side, yet that is not what is being told. People say that the West Side is not being taken care of, but four equals majority vote. I live in Eastern Shores and we do not, I don't have underground electricity. Okay, thank you Commissioner Smith. We have cables, cable lines falling within reach of short people like me. We do not have a community center or a community pool. Oh, I'm getting to it. Not everybody has a pool in their backyard. I do not. Okay, Commissioner Smith does not. We have a park that is probably, you know, I wrote down that it's probably the same size as this room, but I think it's smaller. What do you think, Commissioner Smith? I think it's smaller than this room. This room? Yeah. Half the size. Okay, so we have a park half the size of this room. I have gone there with my grandkids and I will tell you that if there are three or four different kids there with their prospective parents or grandparents, it gets crowded and the kids have to wait to get on the few rides that are there. To the point of removing the term limits, Ironically, they wanted to start in 2028 when three commissioners are termed out, allowing them to stay. Coincidence? I don't know. To the point of districting, I'm not gonna get into that very long opinion of mine and back and forth, so you can call me to discuss. Lastly, this petition is not endorsed or sponsored by the city and the employees are not city employees. And to the person supposedly in charge of it, you are supposed to be a man of God, a man that should not lie or encourage misinformation. someone who should be trusted. Please tell the employees you have hired to stop giving misinformation and correct your flyers. Obviously, you have big money behind you because those flyers and those employees cost a lot of money, so you should do it, fix those flyers, resend them correctly without lies or misinformation, because big money, the people behind you, they have no problem spending money and they should be truthful. You know, for the last year and a half that this commission has been here, a little bit less than maybe a year and a half, I have been saying that we are the city that is probably the most diverse commission. And I say it proudly. I love it. I love the diversity here. I was on the radio this past Sunday and once again bragged about our commission diversity. I was happy to hear that Duke Naison was coming to our city. Although I had not known who he was prior to his visit, after looking him up, I was certainly thrilled to meet him, and he was so nice. I saw him the day after also as well, and super nice guy, really down to earth. After his visit, I was informed by Creole speakers that Commissioner Jean made some inappropriate remarks during the press conference, and I was also told that while she was saying them, that Dugan's face changed, and it was not from happiness, but more from disbelief.

1:39:17Daniela Jean

What remarks were those?

1:39:18 – 1:42:36Fortuna Smukler

I'm gonna talk, I'm not finished. Since you're saying my name, I need to know what those remarks were. Well, let me finish and you'll find out. Okay. And I'm actually wrote down asking you to talk about it. If you come right here, it'll say Commissioner Jean. I was not happy to hear what I was being told. I asked for a translation because I did not want to go by chatter here and there. and I did get a translation. Commissioner Jean starts off by saying that the most important thing at this moment is a moment of unity for our community. I agree. After all, having Dukins there and having someone from Haiti in such a historic sports event is amazing. He is a role model, and I think I even touched on that when I spoke. hoping that children learn and do as him. He actually turned to me and thanked me. A little later on, Commissioner Jean states, now I would like to ask you for something very special. We see that the Haitian electorates need the support of the community. I say this in Creole so that we can understand. The community needs it. We need a serious backup at this time, especially in the coming time, in the time of this upcoming election in 2026. If Haitians do not stand together, we will definitely lose the city. I ask you with all sincerity to stand together behind your leaders and all your future leaders coming to us so that the city can stand up and everyone in the community can receive what they deserve. First of all, I am both shocked and upset. Mostly upset because I myself have done a lot for the Haitian community, for all communities equally. Equally being the key word. Shocked because this is campaigning in my opinion. You're encouraging residents to organize politically in a public setting, in a public meeting, in a public building. Imagine me saying something to the effect, Oh, vote Jewish, vote Cuban, vote women. No, that is not acceptable. We are all equal. No race, religion, ethnicity, education, or background makes any one of us any better or worse than the other. And every community deserves to be heard and receive everything equally. Our residents, employees, and vendors expect us to be fair. While I brag about how diverse we are, I am now seeing that people are trying to cause diversion. And like I said, Commissioner Jean, through the mayor, I would like to give you an opportunity to either clarify or apologize for your message.

1:42:37 – 1:44:07Daniela Jean

Thank you so much, through the mayor. I want to be very clear. I grew up in this community. I came here at the age of six years old. North Framing Beach is my city, just like it is all of our cities here. I made comments at our last commission meeting that I stand behind. As we celebrate every culture, every community, and even during times where we go out and campaign and do different things, there are communities that are left behind. This is a hard statement to make, but it is a statement that I have to make. When we look at outreach in our community, it should be done in Spanish, it should be done in all languages. It should be done for all the community to benefit. And I stand behind that statement. All of our communities should be reached. All of our communities should be reached in the way they need to be reached. That is a fair statement. And I stand behind this statement that I'm making right now. All communities should be reached. When I knock on doors, a lot of people who are Creole speaking in this community say they don't know what's going on in our community. Every community needs something different and the city needs to provide it to every community.

1:44:09 – 1:45:17Phyllis Smith

Mr. Mayor, through the mayor, if I may. Let me just say something. I'm a lot older, I've been around the block more than most of you, especially, I've been around blocks 46 years selling houses. You know, you don't sell a house, you sell the people. Let me just tell you something. This is a different statement than you're making. We don't sit up here for one group, for one ethnic group. We have voted on many things. I have said so many times the Haitian community went to Haiti, honorary Haitian. I have said the needs, we're voting on something tonight that's called a Haitian soccer team even though It is welcoming to everyone. If you're a Jewish kid from Sky Lake, if you're a Puerto Rican kid from Eastern Shores, everyone's inclusive. To sit up here and say that we're not reaching every community is an insult to all of us.

1:45:17 – 1:45:37Daniela Jean

Commissioner Smith, I have to be, this is a delicate conversation. Little Haiti FC is not going to create a Little Haiti FC here. They're creating a North Miami Beach team. The program itself is called Little Haiti FC and Little Haiti, but what they're creating is North Miami Beach. Which is what I just said.

1:45:38 – 1:45:50Phyllis Smith

You don't have to be Haitian. Right. But you're stating that the Haitian community is not being reached. And by the way, Haitian community, be sure to vote. Vote for the Haitians so we can be... Commissioner Smith. That's what I just heard.

1:45:50 – 1:46:03Daniela Jean

This is... This is what I just heard. And it's a fair statement. Like I said, it's a hard statement, but it's a fair statement. Every community that needs to be reached needs something different.

1:46:06Phyllis Smith

And I hope it's the commission we're giving it to you. I hope we're addressing everybody, and I just said in my speech, call us.

1:46:14 – 1:46:35Speaker 8

Mayor, excuse me, I hate to interrupt, it pains me, but I would ask that we have one speaker at a time. because it's difficult for minutes and transcripts to reflect who's speaking when two people speak at the same time. I apologize. Thank you.

1:46:35Michael Joseph, Esq.

All right. I heard all the comments. Can I...

1:46:42 – 1:49:04Fortuna Smukler

I'm just going to say that it was said, if Haitians do not stand together, we will definitely lose the city. Again, I... I... I've been invited to Haiti, and I would have gone if it was not because security reasons. I would love to go to Haiti, and I would love to one day go to a free Haiti. However, you know, we, especially, you know, and when you go door to door, if you wanna speak like that, you're going door to door, but we are in a, this was said in a public meeting building, a city building, this was said at a moment where, you know, we're coming together, we're bringing Dukans here to our city, you know, he shouldn't even be like, I was told because I was, I can't see his face, the audience. I was told that his face was in disbelief. We should be showing unity. I am so, again, and I'm still gonna continue bragging about how we're the most diverse commission, I like to say Florida, then sometimes I'll say United States, whatever I'm in the mood to say, because I really believe that this is true, but definitely in Miami-Dade County. you know, we should not be campaigning, we should not be telling people how to vote, and we should always, you know, stand, we should stand together All of us should stand together. It's not about a group of people, because a group of people standing together to vote is actually, you're creating diversity. I have voted for Haitians. I have not voted for Jews. I have not voted for Cubans. I will always vote for the right person. I will vote for the right, I will not vote for my party, I will vote first for the right candidate. You know, I guess, you know, I was hoping you were gonna apologize, but you're not. And okay, I'm going to finish this. Thank you, and let's continue.

1:49:06Fortuna Smukler

Mayor Michael Joseph.

1:49:07Michael Joseph, Esq.

Am I following too well? I wanna move this along, so can we go to the consent agenda, please?

1:49:12Speaker 18

Mr. Mayor? Yes. I'd like to make a statement, please. I'll be very quick.

1:49:20 – 1:49:44Speaker 18

So we discussed or stated everything that we're celebrating during the month of May. I would be remiss if I didn't state that May 3rd through May 9th, is the 57th Professional Municipal Clerk's Week, and just kudos to all the clerk and whoever's listening out there. City Attorney, yes.

1:49:45Phyllis Smith

Mr. Mayor, can I just make one statement? I have two things. Sorry, Mayor. I want to just say one thing.

1:49:51Speaker 8

Commissioner Schatz, the mayor addressed me. I just want to be sure I didn't miss.

1:49:54 – 1:50:16Phyllis Smith

No, I wanted to congratulate Vice Mayor Fortuna Schmuckler for the Home Rule Award. And I want to just make one statement. When I knock on a Haitian door, they invite me to dinner. They invite me to lunch. So I'm very blessed that I'm part of that community. Thank you so much.

1:50:18Michael Joseph, Esq.

Consent agenda, please.

1:50:22Speaker 8

I'm okay. Mayor, you had nothing in it? Move to introduce. Move to introduce. I was asking, Mayor, there was no report from you?

1:50:30Speaker 8

Okay, I was just asking. I wanted to be sure I was, had been expecting that. Mayor. Okay.

1:50:38Michael Joseph, Esq.

Yes, please read the consent.

1:50:39 – 1:51:01Speaker 8

Well, the first items are 9.1, commission conference minutes of March 26, 2026. Item 9.2, regular commission meeting minutes of March 26, 2026. And item 9.3, the special taxing districts, there's nothing available. So now, Commissioner Chernoff, you're up.

1:51:01Jay Chernoff

Move to introduce, approve the consent .

1:51:09Fortuna Smukler

Oh, I'm sorry, I keep on forgetting that I'm supposed to be doing this.

1:51:14Speaker 8

Is there a second?

1:51:15Fortuna Smukler

Okay, second, sorry.

1:51:18 – 1:56:30Speaker 8

Okay, item 9.4, resolution number R23. Item 9.4, resolution number R2026-50, adoption of the FIU North Campus 151st Street Station Area Master Plan, sponsored by the City Manager. Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, adopting the North Miami Beach FIU North Campus 151st Street Station Area Master Plan, a transit-oriented development plan providing for findings of fact, implementation, scrivener's error severability, and providing for an effective date. Item 9.5, resolution number R2026-51, approving a purchase order for laboratory analytical instruments through piggyback contracts with Hatch Company, sponsored by the city manager. Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida approving purchase orders for laboratory analytical instruments through piggyback contracts with Hatch Company in an annual amount not to exceed $200,000, authorizing the city manager or designee to do all things necessary to effectuate this resolution, providing for conflicts, providing for scrivener's errors, providing for severability, and providing for an effective date. Item 9.6, resolution number R2026-52, approving a purchase order for fire protection services through a piggyback contract with Johnson Controls Fire Protection. Sponsored by the City Manager, a resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, approving a purchase order for fire protection services through a piggyback contract with Johnson Controls Fire Protection, LP, in an annual amount not to exceed 100,000, authorizing the city manager to designate and do all things necessary to effectuate this resolution, providing for conflicts, providing for discriminatory errors, providing for severability, and providing for an effective date, item 9.7, resolution number R2026-53, approving and authorizing a purchase order with OMBS Security System, LLC, for fire alarm maintenance services sponsored by the city manager. Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, and authorizing a purchase order with OMBS Security System LLC in a budgeted amount not to exceed $125,000 for fire alarm maintenance services. Authorizing the city manager to do all things necessary to effectuate this resolution, providing for conflicts, providing for scrutiny, providing for severability subject to the budget appropriations and availability of funds and providing for an effective date. Item 9.8 was deferred. Item 9.9, resolution number R2026-55, authorizing a change order to the contract with Trihedral Inc. for the purchase of SCADA Software Configuration and Integration Services, sponsored by the City Manager, a resolution of the Mayor and City Commissioner of the City of North Miami Beach, Florida, authorizing a change order to the contract with Trihedral Inc. Increasing the estimated expenditure by $24,850 for the purchase of SCADA software configuration and integration services. Authorizing the city manager to designate all things necessary to effectuate this resolution. Preventing for conflicts. Preventing for discrepancy. Preventing for severability. And providing for an effective date. Item 9.10, resolution number R2026-56. Authorizing the city manager to accept the grant assistance under Miami-Dade County Rescue Plan Act, sponsored by the city manager. Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, authorizing the City Manager to accept a $500,000 grant assistance award under the Miami-Dade County Rescue Plan Act for the Washington Park Community Recreation Center project, providing for incorporation of recitals and providing for an effective date. Item 9.11, resolution number R2026-57, authorizing the city manager to accept the grant assistance under the Environmental Protection Agency Clean Water State Revolving Fund, sponsored by the city manager, resolution of the mayor and city commission of the city, North Miami Beach, Florida, accepting a federal grant in the amount of $1,141,038. From the U.S. Environmental Protection Agency, through the fiscal year 2022 community project funding program is secured by congressional representative Frederica Wilson for the City of North Miami Beach Drainage Improvement Project, authorizing the city manager or designee to execute all necessary agreements and documents providing for implementation and providing for an effective date, item 9.12. Resolution number R2026-58 authorizing the city manager to accept the grant assistance under Miami-Dade County Community Development Block Grant. sponsored by the City Manager of Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, accepting Community Development Block Grant reallocation funding for Miami-Dade County in the amount of $460,000 for the Washington Park Swimming Pool Improvement Project. Authorizing city manager designated to execute all necessary agreements documents providing for an effective date item 9.13 resolution number R2026-59. Authorizing the city manager to accept the grant assistance under the United States Department of Housing and Urban Development sponsored by the city manager. Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida authorizing the City Manager to accept grant assistance from the United States Department of Housing and Urban Development, providing for incorporation of recital and providing for an effective date. That is the consent agenda.

1:56:32Speaker 5

I'll approve.

1:56:34Michael Joseph, Esq.

A motion, do I have a second? All in favor say aye. Aye. Next is legislation, second reading. Yes, sir.

1:56:42Jay Chernoff

We'll move to- We'll move to introduce ordinance number 2026-04. I second. Okay, and there, I'm sorry?

1:56:55 – 1:57:51Speaker 8

Okay, there is nothing under quasi-judicial that we're on item 11 legislation, and as just moved 11.1, ordinance number R, I'm sorry, ordinance number 2026-04, second reading, the noise ordinance sponsored by Commissioner Hsu and ordinance of the Mayor and City Commission of the City of North Miami Beach, Florida, amending chapter nine of the City of North Miami Beach Code of Ordinances, offenses and miscellaneous provisions. Section 9-4, noise control, to establish specific noise regulations for outdoor power tools and landscaping equipment at residences, and for outdoor events, and to clarify enforcement, providing for conflict severability, codification, and for an effective date. This is second reading, and Mayor, it's in order for the at your direction for the sponsor to speak on the item.

1:57:51Michael Joseph, Esq.

And it's community development, right?

1:57:54Speaker 8

Well, certainly, yes, sir, and... It's my item.

1:57:59Michael Joseph, Esq.

Yeah, I mean, it's second reading, so it's between us, so go ahead.

1:58:02 – 1:58:51Lynn Su

So I, actually, so we're waiting for the county to pass theirs, and actually their meeting was today, I believe. I haven't followed up on it, but I asked the attorney, so you have the latest version in front of you, it's a paper version. I was expecting to get this before, but I think the attorney got a little busy, so we didn't get a chance to do that. Um, for just as a, as a reference, all the penalties that we had, we had amended while we were on the days together, um, are all in there as from what I see. Uh, no, no, the new one in front of you, the one I have that I read this morning or yesterday. That's the, that's the, that's the wrong one. So, um, the attorney had just completed this today. Is that correct? Mr. Attorney?

1:58:52 – 1:59:03Speaker 8

Yes, ma'am. You had indicated when we discussed it several days ago that you were going to end up deferring it anyway because the county was not acting on their side.

1:59:03Lynn Su

No, I mentioned to you in the agenda review that I said I would like you to make.

1:59:12Michael Joseph, Esq.

Well, go ahead, Commissioner. Allow me to finish. Thank you.

1:59:17 – 2:00:17Lynn Su

I said that I'd like you to amend it according to our meeting. You said the clerk is looking at the minutes and that we'll correct it and send it to me. So now it's being sent to us, all of us, at this time, so as we are sitting on the dais. So my point is that I want us to review this, and if there are any corrections to anything that you'd like to amend, and I'd like to hear your opinion on it. Just as a result, I went to the committee hearing with Mr. Bankole and it passed the committee, the infrastructure committee that Commissioner Steinberg is chair, that she chaired. So in that meeting it passed, I believe it was a five to one, four to one. So if there are any changes or anything like that, we will bring the second reading back at the next meeting. So if there are any changes that you would like. We are deferring the vote for the second reason.

2:00:17Michael Joseph, Esq.

However, you want to add, you want to make sure whatever concern, okay.

2:00:20Lynn Su

Correct. I want to make sure that any concerns that the commissioners have that we all work together on this one and pass it unanimously. Yes, sir.

2:00:28Jay Chernoff

All right, my concern is on.

2:00:31Michael Joseph, Esq.

I'm sorry. Commissioner Chernoff, sorry.

2:00:35 – 2:00:53Jay Chernoff

under G, outdoor power tools and landscaping equipment. It says at a residence between hours of 8 p.m. and 7 a.m. So that means that it's being allowed at 7 a.m.? Yeah. But I thought we wanted to amend that and not do it so early.

2:00:53Phyllis Smith

In the summertime, when it's so hot for them to start, that was what we agreed.

2:01:00Jay Chernoff

No, I don't remember that.

2:01:02Phyllis Smith

In the summertime when it was so hot, that's what we said.

2:01:05 – 2:02:22Speaker 8

Commissioner Chernoff, whatever the point that was made by Commissioner Hsu when we had a gender review, since it was going to be deferred anyway, but the reason that it wasn't just deferred before the meeting started was that the commissioner wanted to be sure there was discussion. So I want to stress to you that regardless of what was done on first reading, it's a live item for you to weigh in on if you have thoughts other than what happened at first reading. And since it will be deferred still for a second reading, basically to be sure that we align with the county, you could even bring something up There are such things as second reading amendments as long as they're not drastic and change the nature in such a way that the public has no fair opportunity to know that they might expect that. So your comment, regardless of whether it was previously discussed, it's open for discussion like yours now. You're not limited by what was done at the previous reading. You can talk about it now.

2:02:23 – 2:02:51Jay Chernoff

even when the second reading is rescheduled so your your comment is certainly well within bounds all right so my concern is that 7 a.m. is too early especially on the weekend so let's make it 730 that's what they do in sunny Isles I'd say 8 o'clock on the weekend.

2:02:51Phyllis Smith

But it's on the weekends and 7 on the weekdays when the people are getting, well, that's what you could do?

2:02:57Jay Chernoff

I make that amendment.

2:02:58Phyllis Smith

I'll second that.

2:03:00Michael Joseph, Esq.

Before we continue, Commissioner Smith, can you have your point of personal privilege?

2:03:03 – 2:03:45Phyllis Smith

I have a point of personal privilege. I apologize. I had voters' counsel on my mind, and I said... Hazel Crawford, who started Votes Council, but Barbara Pearson's the one that's gonna be honored. Barbara Pearson is the first woman that integrated the North Miami Beach High School, and she's gonna be honored at Tate County. I apologize for that. Thank you for letting me correct it, and we all love Barbara, and I appreciate you very much for allowing me make the correction and bring it where it should be that everybody goes to honor.

2:03:46Speaker 8

Mayor, did you take a voice vote on this amendment?

2:03:48Michael Joseph, Esq.

I had a motion and a second. So, all in favor?

2:03:55Lynn Su

So to clarify the motion?

2:03:58 – 2:04:27Speaker 8

Yeah, to clarify the motion. There was a motion to amend the existing hours by Commissioner Chernoff, seconded by Commissioner Smith, from 7 a.m. to, well, it goes from 8 p.m. to 7 a.m. currently, and the motion is to change that to 8 a.m. on weekends, but leave it at 7 a.m. on weekends. Is that correct? Correct.

2:04:29Michael Joseph, Esq.

All in favor say aye as amended. Aye. Aye. Pass this. Now we're, it's in the.

2:04:34Speaker 8

You're back in discussion.

2:04:35Michael Joseph, Esq.

Discussion as the, for the. On the noise. For the proposal.

2:04:38Speaker 8

Second reading before it's deferred.

2:04:42Lynn Su

Anybody have any, any suggestions?

2:04:45Michael Joseph, Esq.

I mean, if anybody has any additional concerns, they'll have time to bring it up at the next commission meeting.

2:04:51 – 2:05:24Speaker 8

They certainly can be brought up on second reading unless it's a drastic change in the ordinance. The principle, just so everyone understands, is it's a matter of the public having notice. If the public knows that this item is going to be discussed and the basic parameters of it, you don't have to have notice that there won't be some tweaking of it. It's only if it's a radical change rewriting or restructuring or adding something that was not contemplated, that you have to have a new first reading. Okay.

2:05:25 – 2:05:40Phyllis Smith

I just have a question through the mayor for the attorney. If you get something right now to vote on, something new or something, do we have the right not to vote until we get the chance to read it? Until we get the chance to know what it says?

2:05:41Speaker 8

Well, again, the changes... I'm discussing in general.

2:05:48 – 2:07:17Speaker 8

If the changes are minimal, such as could be brought on the floor, as Commissioner Chernoff just did, anything that could be done by a proper amendment giving it to you in writing in advance of the meeting, even if it's just before the meeting, is no worse than having something that comes up on the floor. If it is a substantial rewrite, even if it doesn't mandate a new first reading, then you have the privilege of saying, you know, there's not a, this isn't like just the amounts of the fine, which I think was the only thing that changed substantially. Maybe the distance was a little, but I think that was in there before. It's just, it was like whether it was 153 and five or 250, something that small, you have the ability, yes, to consider, but you also always have the right as a commissioner to say, you know, I haven't really thought about this. This is a little different than the way I had analyzed it. I would like this to be deferred to a time certain to the next meeting. You have that privilege if it's a substantial enough change. But if it's a minor change, if it could be brought on the floor, then certainly it can be brought presented in writing to you if it's minimal.

2:07:17Phyllis Smith

No, even new legislation, even new legislation is handed to us before we start the meeting.

2:07:22 – 2:08:38Speaker 8

If it's brand new and was not previously noticed so that the issue is, frankly, is noticed to the public, The public is entitled to advance notice of what you're gonna be talking about. That doesn't mean every tiny little detail, whether the fine is 150 or 250. It means if you're gonna start imposing a fine on something that wasn't even mentioned previously, then the public doesn't know that if they haven't something to say, they have to come. You have the right to vote on things that have been noticed, the topics of which have been noticed to the public. But if it's something that's a departure from what the public notices in some substantial way, then no, you should not be voting on it Unless, I mean, again, it could be maybe on a first reading, but for second reading, you can't have something that's brand new because the public didn't have notice that that idea would come in front of them. So in that circumstance, no, you should not vote on something that's a whole brand new thing that's new.

2:08:38 – 2:08:50Phyllis Smith

And who would stop the vote? I would. The trolley vote, which was supposed to be an extension of a rental for three months, became a $9 million vote.

2:08:51 – 2:09:42Speaker 8

That's why I brought it back, Commissioner. I ruled that it had to come back for a new consideration because it was a departure and that was not made known. Some people didn't like it, but that's why it had to come back for a vote, exactly for that reason. You can't bring up something that's brand new without notice. Now, some cities do it, but I don't think it's proper. City of Miami, they call them pocket items, and they do it all the time. I think it's not proper. It isn't? Well, and I would rule that way. If it's something that was not... previously introduced and not discussed, then it needs to come back. That's why I insisted that item come back for another vote. You're exactly right.

2:09:42 – 2:10:28Phyllis Smith

One more thing about this particular ordinance. I asked the city staff to verify with the county, because the 25% is about waterfront. It's only about waterfront, the rest of 25 feet. It's only about waterfront, where it says here in yellow that we want to, the North Miami Beach Commission wants to maintain consistency with Miami-Dade County, then we have to, know exactly what Miami-Dade County is because in the ordinance, you change it to 100 feet and it's only 25, it's only, you change it from 100 feet to 25 feet and it's only 25 feet in waterfront.

2:10:28 – 2:10:55Speaker 8

Commissioner, that's why we, in discussion and in the gender review with the sponsor, said even though Miami-Dade County was meeting today, actually earlier in the day, until they're done. I've seen that commission reverse itself six hours after they vote on something on reconsideration, so we wanted to be sure we aligned, wait until they were,

2:10:56 – 2:11:15Phyllis Smith

I understand all that, but what I'm reading is exact. I understand we're waiting because they haven't voted, but what we're reading, that's all I can do to study is what I can study. I'm given three new things tonight right now, three new ones. Do I listen to you or do I read what I have to vote on?

2:11:16Speaker 8

Read what you have to vote on.

2:11:19Speaker 8

As far as the 25 feet, that's directed to the sponsor with all deference, Commissioner. I'll defer to the sponsor on the 25 feet. I asked staff to review it.

2:11:27Michael Joseph, Esq.

Commissioner Sue, sorry.

2:11:28 – 2:11:52Lynn Su

Thank you, thank you. So remember that the 25 feet only asserts 11 p.m. to 7 a.m. Waterfront. Waterfront, house to house, however it is, it's just one house away. So if you can hear the music too loud while you're next door, that still doesn't count until you pass to the next house.

2:11:52Phyllis Smith

The staff will review it. Thank you.

2:11:54Michael Joseph, Esq.

Okay. So now we have the ordinance as amended. We're going to defer it. Yes.

2:12:02 – 2:12:13Lynn Su

And I wanted to check with the manager real quick because I remember that we had talked about a grace period for contractors and service personnel to be 30 days. Was it 30 or 60? Did you confirm as 60 instead?

2:12:14Speaker 7

I believe it was 30, Commissioner.

2:12:16Lynn Su

Yeah. So, Mr. Attorney, I'd like to have that corrected because that's what we agreed on.

2:12:21Speaker 8

Okay, as long as we're correcting it, when you say grace period, what exactly was implied by that?

2:12:27 – 2:12:38Lynn Su

Like the education and informing the contractors and the personnel, then the service personnel. This is item 9.46D.

2:12:40 – 2:12:56Speaker 8

I understand. I saw the item and I understand that I did not know. But what I what I'm asking is what is intended by, quote, grace period, whether it's 30 or 60. That was a little unclear to me as to what that grace period meant.

2:12:57Lynn Su

It meant that if these is the penalty aspect of it all. Yes. So it's an education period before we actually- Before you start fining.

2:13:07Michael Joseph, Esq.

Fining or any written- They have a one-time grace.

2:13:10 – 2:13:39Speaker 8

Anybody has a one-time? Or it's just now that there'll be, if it's intended to say that the ordinance, the better course would be to say, if it's just for contractors, that's one thing. But if you're going to, perhaps you want to defer- The effective date. for 30 days to allow for that time of education. I'm unclear whether it's your...

2:13:40 – 2:13:55Michael Joseph, Esq.

I guess, I think she's mentioning, and correct me if I'm wrong, Commissioner Hsu, that let's say you, someone's sent the police or someone to complain, right? So that first instance, right, they have, I guess, what, 30 days to correct? Or is that what you're trying to say?

2:13:55Speaker 8

There's a warning, it says already... Tell me, because I'm... Because he's going to be the one executing it, so...

2:14:02Lynn Su

I'll let him share how he's going to do that.

2:14:05 – 2:15:02Speaker 7

Thank you, Mr. Mayor. So generally our process is, when allowed to, we provide 30 days of instructional period and informational period to the residents, particularly if an ordinance has a penalty to it. So we'll have a workshop, an educational workshop, invite the residents out, make sure that if a particular community is impacted, we will target that community with flyers and door-to-door knockers. After that, generally speaking, the first citation is a warning. and you have 30 days to ensure that you don't have a similar occurrence, or if it's a type of physical violation that you have to correct it. After that first citation, after that 30 days, if another one occurs within 30 days or 30 days passes and the correction has not been implemented, the next citation is a monetary fine.

2:15:02 – 2:15:45Speaker 8

So I'm clear on the 30-day warning. But as to the grace period, which is separate, if I am understanding City Manager Williams correctly, what it's going to be is once the ordinance is adopted on second reading, there will be a one-time 30-day grace period during which the city will conduct some education, but that's not available to individual contractors thereafter. After that one-time grace period after adoption, what we have is something that says the first violation is a warning, but if there's a repeat, then they're responsible. That's what's intended? Through the mayor to the city attorney, that's correct.

2:15:48Speaker 6

I think we're on track here. This is great. So yes, I think the grace period that you mentioned.

2:15:55 – 2:16:43Lynn Su

The grace period that you mentioned is correct. There is a period of time that we need to send out information and notify and educate everybody on this new ordinance. But each occurrence, so if somebody blasts the music, let's say at midnight, heard Five Doors Down, and there's a report. We go in and we do a written warning, right? 15 minutes later, after they turn it down, they do it again. That is when the first fine kicks in because it's not a 30-day period that they're not committing to the same thing because sometimes you have to have it stopped. So that occurrence must stop immediately. It's not a 30-day to cure bringing down the volume. So that's what my concern is.

2:16:43 – 2:17:41Speaker 8

Mayor, through the mayor. That's exactly what my understanding, and I think that's what it says about providing the warning. And then if there's, you know, you get a warning for the first violation, you don't get extra time, you get a warning. If there's a second violation, it's a second violation. And I think that's clear. But the grace period, which is the education period, based on the level of what City Manager Williams described, and going out to communities and making sure that affected communities received notice and education as to it. That's why we thought the 60-day grace period made more sense because getting all of that education done and scheduling, if necessary, workshops in different communities might be difficult to complete citywide within 30 days.

2:17:44Lynn Su

Mr. Manager, would you like to opine on that? 60 days, 30 days? Or you think 30 days is sufficient?

2:17:56Speaker 7

It's be the will of the commission. We can do 30 days, we can do 60 days.

2:18:03Michael Joseph, Esq.

Well, we have time to decide between now and then. Okay. So do we have a motion to defer?

2:18:09 – 2:18:24Lynn Su

bring back at the next, I have a direction for, Mr. Attorney, could you please make sure you check with the county ordinance on what the vote passed is and then propose any changes by the 30th of April?

2:18:26Lynn Su

Which is nine days from now.

2:18:27Michael Joseph, Esq.

Is it gonna be on the agenda for them to, would you wanna do that by the 30th? Because something might happen, they might defer or something, it doesn't get on there, like.

2:18:35 – 2:18:50Lynn Su

Right. I mean, we have to touch base and have to see whatever passed by the county. I'd like to see it by the 30th, so when we do have the agenda published May 5th, I would have, you know, everybody gets a copy of whatever we need to get.

2:18:50 – 2:19:04Speaker 8

Presuming that the county actually has it available to us. Correct, yes. They're sometimes a little slow, so if we end up with a one- or two-day window there, that may be difficult. But we will absolutely check with them and make sure that we get what they have.

2:19:05Jay Chernoff

A procedural question. What happens to what I proposed as an amendment?

2:19:09Michael Joseph, Esq.

It's already included. Yeah, we're dealing with the amended.

2:19:16Speaker 8

Yes, but it is tabled after that amendment has been accepted.

2:19:22Michael Joseph, Esq.

So do I have a motion and a second to the table? To defer.

2:19:28Speaker 6

To next to next meeting. Yes.

2:19:30Michael Joseph, Esq.

Motion. I have a motion and a second. All in favor say aye.

2:19:33 – 2:19:44McKenzie Fleurimond

Aye. Next item on the agenda. Mr. Mayor. Yes. I'd like to be recorded as a yes vote for the consent agenda items. I wasn't here when they were voted on. Thank you.

2:19:45Speaker 8

Madam Clerk, if you would so record Commissioner Fleury.

2:19:50Speaker 8

11.2, yes sir.

2:20:00Phyllis Smith

Pet cells. The dog.

2:20:04Phyllis Smith

I introduce the dog.

2:20:09 – 2:21:02Speaker 8

Second. Item 11.2, ordinance number 2026-06, second reading, amending pet sales, sponsored by Commissioner Smith, an ordinance of the Mayor and City Commission of the City of North Miami Beach, Florida, amending chapter six of the City of North Miami Beach Code of Ordinances, animals and fowl, section 6-9, restrictions on retail pet sales and pet mills, to clarify exemptions, enhance regulations and enforcement, providing for conflicts, severability, codification, and for an effective date. And let me note, Commissioner, that the only change in what's handed out was the amendment that you made to delete, I think it was number five under part B. That was the amendment that you did last time. And that's the only difference is to reflect that in what's in front of you. There is no other change.

2:21:04Speaker 8

And Mayor, I think that the Commissioner, I guess, gets to speak first as the sponsor.

2:21:09Michael Joseph, Esq.

Well, this is the second reading. Commissioner Smith, do you have any issues?

2:21:16Speaker 8

You have the floor, Commissioner.

2:21:18Michael Joseph, Esq.

Pardon me? Do you have any issues regarding your second reading?

2:21:22Speaker 8

You have the floor to speak in favor of your item.

2:21:25 – 2:21:38Phyllis Smith

No, I'm sorry. I'm sorry. Thank you all for bringing me back. I'm trying to see, because I got two 11-2s, and you just explained what it was, because I didn't understand why we were having a second one.

2:21:38Speaker 8

It was just that one item.

2:21:40 – 2:21:59Phyllis Smith

All right, so the only thing I want to say is today at the hospital, they brought a therapy dog, and everybody on the floor went crazy. We have to protect these animals because they protect us. So I appreciate all of your support on this. Thank you very much.

2:22:02Michael Joseph, Esq.

Do I make the motion to approve? Second. Madam Clerk, can you do a roll call?

2:22:06Speaker 18

Commissioner Chernoff.

2:22:09Speaker 18

Commissioner Florey Morn.

2:22:10Speaker 18

Commissioner Jean. Yes. Commissioner Smith. Yes. Commissioner Hsu. Yes. Vice Mayor Smucker.

2:22:17Speaker 18

Mayor Michael Joseph.

2:22:20Michael Joseph, Esq.

All right. Thank you all. First, 11.3, first reading. Sign over. Do I have a motion to introduce?

2:22:28Lynn Su

Motion to introduce.

2:22:33 – 2:26:24Speaker 8

Item 11.3, ordinance number 2026-05, first reading sign code ordinance sponsored by Commissioner Hsu. An ordinance of the Mayor and City Commission of the City of North Miami Beach, Florida, amending North Miami Beach sign code as to political signs, shortening the time to remove signs post-election, and increasing the amount of the signed bond, providing conflict severability codification, and for an effective date. I do wanna note that there is a memo from our office that went out on this. There is some troubling case law that deals with the regulation of non-commercial signs. And the essence of that case law, as put together by one of my partners, Skip Miller, is that the Supreme Court has said that non-commercial signs, that is not, you know, buy a mattress or shop at my restaurant, should all be treated the same. That means if it's a sign relating to a religious institution, if it's a sign relating to some kind of a non-profit organization, or political signs which are non-commercial, they should all be treated the same. Now, frankly, in this South Florida community, that's not the general practice. What we were asked to do, we have a sign code. We were asked to make a couple of changes to conform it in a couple of regards to what Aventura does. They have seven days to remove them, and it's a slightly higher signed bond. Aventura does it, frankly, most local cities do it the same way. they regulate political signs. They do regulate political signs differently than other non-commercial signs. And we're only talking about political signs in the context of an election, something that's on the ballot, whether it be a candidate or whether it be a referendum item of some kind. You cannot regulate other kinds of political signs at all. I mean, if somebody wants to have a sign that says, bring home the hostages or legalize marijuana or something like that, that's free speech and they have a right to do that. Unless it impacts public health and safety, we really have no right to regulate those. what is being proposed here and what we have in the books and what most of the neighboring communities have may not represent strict compliance with Supreme Court guidance on it. Frankly, I don't know that anybody is gonna challenge that because it's what most communities do and I consider it relatively low risk because If somebody actually did challenge it, and we had to amend the ordinance to not be able to regulate political signs separately, but regulate them the same way that other non-commercial signs were regulated, we could do that pretty quickly and pretty effectively and not incur much of a substantial penalty. I just have to note for the record, though, that there is at least... at least what appears to be a technical noncompliance, because if it were to come up, I wouldn't want you to think, gee, I thought we were bulletproof on this. That's not quite the case, but I do consider it to be an acceptable level of risk, because so many communities around us do exactly the same thing. So I just wanted to note that for the record.

2:26:24Michael Joseph, Esq.

Madam Clerk, since it's first reading, can you open up the floor for public comment?

2:26:29Speaker 18

If you'd like to speak on this item, please come forward.

2:26:43Speaker 8

That would be law of the jungle though.

2:26:47 – 2:27:01Speaker 20

Okay, I just wanted to say, also to include something, when people put their campaign sign. Speaker, please speak. Oh, Karen Harold, NMB resident. If people put their campaign sign on your property without permission.

2:27:03 – 2:27:35Speaker 8

Mayor, if I might. No one can put something on your property without your permission. If they do, now again, we may not know who did it, but it doesn't matter who placed it there. If it's on your property without your permission, you can report it, but you can also just pick it up and throw it in the trash. Something that's on your property without your permission does not have a right to be on your property without your permission, and you may remove it.

2:27:36 – 2:27:58Speaker 20

Okay, we have also some homes that are vacational homes, like people only come down certain months of the year. So they have a sign stuck there that they didn't put there. There's nobody to see it, no one to remove it. If there's anything that can be added in there about discouraging or not putting it on, I don't, There's nothing to stop them, no one to stop them. So people think they're voting for this person when they were illegally put there.

2:27:59 – 2:29:03Speaker 8

Mayor, if I might. Anyone who believes that somebody who's renting out a vacation home indicates that that's their preference is foolish, but people are allowed to be foolish. Again, the right belongs to the owner. And unless it's a violation in some other way of our sign code, too big, too garish, something like that that's not... within the regulations that we have, we can't remove things that are on private property except at the direction of their owner. Now, there should be records as to, through the property appraiser and otherwise, of ownership, and certainly if somebody contacts the owner, wherever they are, there's supposed to be contact information, and if the owner says, I want it removed, then they can have it removed if it's their choice, but we cannot presume to act for an absent owner because the absent owner may have authorized it.

2:29:04 – 2:29:17Speaker 20

Okay, I mean, I just know this last year, the last election, down 10th Avenue, you see somebody, the same person, put a sign, sign, sign, sign, sign, somebody went around, I have video of them doing it at my yard, and they did it on many other yards, so, okay, thanks.

2:29:17Speaker 8

Well, if you find somebody who's trespassing on your property and you can identify who did it, you can report that to the police. Trespassing is illegal.

2:29:27Speaker 20

They have more important things to do. Okay, thank you.

2:29:41 – 2:31:51Speaker 2

As a resident who've been taking part in elections for many years, I have problems with people putting the signs under swales. On swale, I think it's illegal. It's also illegal for when you put down your signs, other people come in ripping it up. I think the North Miami Beach Police Department should be investing in remote cameras because we need to catch some of these culprits, and the fines should be really heavy, so heavy that they would never do it again, where you can listen to the candidates speak. as to where they're losing their signs, and you put up some of those cameras about here to catch the culprits, because we can't be doing this thing here over and over. Then they leave the signs up after the elections. I know the mayor is guilty of that. He had his sign up on the school fence, even though we spoke to him. Send mails to him. He refused to remove it. I mean, if you're going to be creating laws and you don't want to abide with it, there's a problem. It's lawlessness. That needs to be taken care of. People shouldn't be threatening you to abide with the law. The law is for everyone. It's not for some. skip on these sort of things. Create the law and follow the law yourself and make the city a better place. It's not a king we elected. A king wouldn't have to remove their signs. You're an elected official and you should abide by the laws that you make. Thank you very much for having me.

2:31:59 – 2:33:30Speaker 27

Good evening, Terrance Camenzuli, Sunray West. I think the $500 is way too low. Being on the code board and speaking to all these code enforcement officers over the past 15 years, 10 to 15 years, their time is money. There are many, many signs. Last election, there was over 15,000 signs, is what I was told, by code enforcement officers that they keep taking down, being put back up, taking down because they're illegal, putting back up. They're not getting fined. All they can do is take them down. I think a higher... then $500 should be out there for these candidates that don't want to follow the law. In Swales, private property, multiple signs on the same property, commercial properties. This is something that I've been a, person who's speaking out against this over the last 10, 15 years, myself being on a corner house, and I usually don't put up signs. I've never really okayed signs because of my wife's beliefs, so it's something that I think should be more than $500 for a, for an amount, thank you.

2:33:36Speaker 18

Any other speakers? Public comment is closed.

2:33:48 – 2:35:02Speaker 11

Yes. There are some people also that they are running against, your name please? Oh, again, Maria, Mara or Maria Hawk. if Miss Daniela Jean put her sign in my house, somebody that is running against her go and take it and throw it away. I have seen that. I am not saying yours, I'm just making example, taking you as an example. But I really don't like that. You see, there's when I vote for that person, And that is for, that work for almost everybody. When they see that somebody run out so hard, there's when people alienate to vote for that person. So if any of you want to keep doing that, you are welcome, but just keep in mind that. Thank you.

2:35:06Speaker 18

Anyone else? Mr. Mayor?

2:35:10Michael Joseph, Esq.

All right, seeing public comments close, Commissioner Hsu, right? Yes.

2:35:17 – 2:37:01Lynn Su

Okay. So I think like in the last election cycle when I was running, you know, I was, everybody made sure that I picked up my signs from all the homes and everywhere else. I mean, we're hearing a lot of things that I know a lot of people are dealing with, whether it be like, you know, ghost planter into a home that has no one there sometimes they just put it there and like you know hope that the other person would take it out or the owner would take it out and some a lot of times like the owners feel like you know they don't want to do that because they don't want to offend the candidate so you know but they're like unhappy and then of course like let's say they're supporting me and there's another candidate running for the same seat so they just kind of feel awkward Sometimes some people would just take it out if they didn't allow or give permission to the candidate. So there's a lot of things around that, and I think there's bordering between campaign signs, the length of time that it's on. This is strictly to address the time that it's on, the time that the signs are up in our city property, I mean, in our city boundaries. And if it's not, then, you know, I mean, if... What TC said just now about 15,000 signs, if you can imagine our code enforcement personnel going to pick up 15,000 signs, this is a problem. So, and I agree, if that is the case, 500 is definitely too low. Now, there were, okay, so there's no permission, there's in the public right of way, there is also, Removing other people's signs. I think removing comes into the category of trespassing. Is that correct? Mr. Attorney?

2:37:04 – 2:37:48Speaker 8

It depends if it's on private property, it's trespassing My understanding of our laws is you're not permitted to place them on swells, right? Although in some places like in Aventura, there is some limited ability to place some signs on public property They do allow it for instance At the library, there were signs that were allowed to be placed there, although there are some regulations about whether they're unaccompanied signs. But swales right of way in this city, I believe, are not allowed, but it's not trespassing. It's a different violation. Trespassing is only if you're going on private property.

2:37:50Lynn Su

OK thank you so I am I want to open up this discussion because we've all ran for office before and I just want to hear what your thoughts are.

2:38:02 – 2:38:40Jay Chernoff

This is a slippery slope we're trying to go down. And I want to say that because sitting on the council for as long as I have. In the past there was a mayor in a wheelchair not the last mayor the one before it who totally blew our sign ordinance out of the water and called it his right. And because of federal was allowed to do that. And then our sign ordinance was put. So no matter what we put together, it can be challenged. And I mean, like to your point, commissioner,

2:38:43 – 2:39:05Michael Joseph, Esq.

Turn off. Sorry, I'm a little bit off. Turn off. Because how do you deal with the presidential stuff or the federal stuff? We're going to take down some of those and, hey, give us the money? I don't know how we're going to deal with that. But I understand there might be a need for it. I just want to know how you're going to deal with federal campaigns, state campaigns,

2:39:06 – 2:39:58Speaker 8

Mayor, and also, let me say again, I talked about the free speech aspects that are not as strict when you're talking about signs related to a campaign. But when you start talking about if you increase the, I mean, we're kind of in with other cities with our amount, but if you were to start to have drastically higher fines, you would draw complaints that you were violating political free speech, which is core speech, if it was done, if the fines became so high that it was actually prohibiting people from getting their message out, that's the kind of thing that can take us being in the middle of the pack with all the other cities and having a little bit of safety. We start sticking out, then that's going to likely to draw a lawsuit.

2:39:59 – 2:40:19Jay Chernoff

I'm not going to. The problem is that for many, many years, we had the regulation of four by eight signs allowed in the city of North Miami Beach. And you put up a $500 fine for all those years. Bond.

2:40:19Jay Chernoff

Bond. I'm sorry. Bond. A bond. Right now, we have zero bond.

2:40:25 – 2:41:03Jay Chernoff

And no limit on the number of signs you want to put up. Large signs, there's a limit. Oh, 25 now. Right. But if somebody wants to put up 50, they can challenge us. And again, we can put regulations for as long as we want, and most, 99% of the people will adhere to it. But you're going to get that one person who's not going to adhere to it and doesn't care what your regulation is because they call it free speech, and they hang their banner on that, and the city attorney agrees with them, and we can't do anything. That's what my concern is.

2:41:03 – 2:41:17Fortuna Smukler

I want to mention something. At the North Miami Beach Library, when I ran four years ago, I remember we were not allowed to leave the signs out overnight. We had to collect them.

2:41:17Michael Joseph, Esq.

North Miami Library.

2:41:19 – 2:41:37Fortuna Smukler

Aventura. I said North Miami Beach, right? I meant Aventura, sorry. At the Aventura Library, which was a polling site as well, we were not allowed to leave the signs out overnight, and I believe during the day we were not allowed to have more than two, I think it was. Planted. Planted, yeah. I mean, they're doing it.

2:41:37 – 2:41:49Jay Chernoff

Well, they have to regulate, I'm not saying they don't have the regulation, and they're not enforcing it, but if somebody wants to fight it, they're not gonna win.

2:41:49 – 2:42:06Fortuna Smukler

And they were actually enforcing it, like if, if they were, like when I would see them coming, I would like, you know, take for the other candidates that I was with. Like, if there was more than two signs, I'd, like, put one down. So they were definitely enforcing it.

2:42:06 – 2:42:18Michael Joseph, Esq.

But to what the city attorney said, that we would have to be somewhere in the middle of a pack to make it as enforceable as we can. Right. So I just keep, he wants you to keep that in mind. I don't know.

2:42:18 – 2:44:11Lynn Su

No, thank you. So I just want to address, like, when you were mentioning, like, the presidential campaign's I'm sorry, so I wanted to address the concern that we have with other campaigns that are not North Miami Beach candidates. I remember that I was pointing out that a state representative candidate had like 50 signs there, or I mean like whatever he had, and then the code enforcement came in and told me that no, he paid the bond. You cannot plant your signs in here until you put a bond up, in early voting for Aventura so I ended up holding all of my signs and then we had people there who were also holding signs so that's how it happened and I think that like they're very strict they drive I mean we've seen code enforcement from Aventura come over to that library like multiple times and they every time they come they pull out a sign and they put it in their you know in their truck bed so um I think that's just the enforcement side of it. We're now looking into what is the way that we could keep our city in order before election, during election, and after election. That's my concern because I feel like code enforcement, we have very few personnel already. There's a lot of things to do. There's a lot of things that they could be focusing on versus trying to get a bond back or collect signs from people. I mean, like during that time, I remember the wind was really strong. So some of the big signs flew out of their, you know, their stakes in the ground and they had to go retrieve it and put it back. And, you know, there's a lot of things. So I just wanted to make sure that like our city is in order. We're not having the election signs like bother, you know, residents and be a nuisance. Okay.

2:44:12 – 2:45:51Speaker 8

Mayor, let me just point out this. Resolution does two things. Excuse me, proposed ordinance does two things. It shortens the time in our code to remove signs after an election. It's currently 10, and we were asked to conform it to Aventura, which only gives seven. That's one of the two things this does, shorten the time. The other is to increase the bond, which, although Commissioner Chernoff is correct that it was blown up completely, our code says 250. This raises it, I believe, to 500. Those are the only two things in front of you, increasing the bond, and reducing the time to remove them. So if there's some other thoughts that people think they might want to do, which, again, your point, Mayor, what are we going to do if it's a presidential or senatorial campaign? It's a very good point. We'll do another analysis if somebody has other amendments, but the two that the sponsor is seeking here are both to make things stricter, and neither is to allow any Wild West anything. They're just to tighten up the code, and that's what's in front of you. you know, you could talk about it, and maybe somebody will come back and wanna do something differently, but for now, this is all that's being done, and they're both to make things stricter.

2:45:51Michael Joseph, Esq.

All right, this is its first reading, so Commissioner Smith.

2:45:55 – 2:46:07Phyllis Smith

If I'm wrong, there's another issuer, too. Madam Clerk, currently, what is the date that you could put up a yard sign if you're running for the November election?

2:46:09Speaker 18

Not before March 1st.

2:46:11Phyllis Smith

So is March 1st you could put up a sign in the yard?

2:46:16Speaker 18

That's what it says, yes. Okay. That's correct.

2:46:18 – 2:47:48Phyllis Smith

I think that's too long. Way too long. People steal them. The wind blows them away. I think they become blight in the neighborhood. The more people run, the more signs you see. Some people put four candidates in their front yard. And so I think that needs to be changed. Also, I'm trying to look for where it is that you can have 25 signs, any side exceeding 616 square inches per sign. So those signs can be made two different ways. The thing that's interesting is a lot of candidates put their signs in the county. And I don't know if they got permission or they didn't get permission. But the 25 signs regulation is only for North Miami Beach and part of North Miami Beach happens to be in the county. So I think we should keep that in mind. I understand what Commissioner Chernoff is saying, but I think regulations are important. I think people that break the regulations, the public sees. And I think that they'll recognize that they're not adhering to what what the regulations are to be a good candidate.

2:47:48 – 2:48:45Speaker 8

Commissioner Smith, I have to say to you, if somebody has lawfully opened a campaign account and they have wide latitude about when they can do that, even March 1st, if somebody opens their campaign account January because they want to start raising money and they want to start spending it by putting up signs, um, I'm not, I don't admit error from the dais, but I can tell you that we would have substantial issues defending a prohibition, certainly if we wanted to just make it later for a short period of time. And I'll tell you right now, in a city the size of this with close to 50,000 people, saying that you can only have 25 signs for your campaign,

2:48:46Phyllis Smith

25 commercial, big sign.

2:48:50 – 2:49:23Speaker 8

You know, if you have contacted private property owners and they have given you permission to put a sign on their property and the sign is not a danger to public health and safety, it's not loosely attached and could fly off in a storm, or it's not blocking the triangle or sight lines or something. In a city as big as this, with as much commercial property as we have.

2:49:23 – 2:50:34Phyllis Smith

With all respect, you're opening a Pandora's box. Yes, you're right, it could be sued. I understand what you're saying, but you didn't sit on this council when we went over and over the blight and the disfigurement of North Miami Beach with all those signs. That's why the regulation for 25 feet was started, and 25 signs was started. The first year I ran, I'm knocked on a man's door, and it's very interesting because I didn't know him, and he went and got me a check for $200. He liked the way I talked. He thanked me for running. He'd been there a long time. About a week and a half later, I get a phone call from code enforcement. You're not allowed to have a banner sign. And you're certainly not to have it on a two-story commercial building by the railroad track. I said, I don't have a banner sign. He said, you definitely do. I said, give me the address. The man went out and bought a banner sign and put it on his building. How embarrassing was it for me to tell the man he had to take down the sign he just paid for?

2:50:35Speaker 8

Shouldn't have been enforceable against you. You didn't do it.

2:50:39 – 2:51:53Phyllis Smith

I'm just telling you that the blight... And, you know, it's also code enforcement's, again... Who has the authority? And I'm gonna tell you a story that's true. We put up our signs, our big signs, my husband's men who had been with him for 50 years. And I get a phone call that they're one foot too tall. They're only allowed to be six feet and they're seven. I made those men go back and change eight signs and dig that hole in the hot sun deeper. And they quit, my husband, 50 years. because code enforcement called me, but code enforcement did not call when other people were on the fence of city property within the 100 feet of voting. And when I said to code enforcement, when are you going to have those signs removed? They said above my pay grade. I said, get me your supervisor. I got a supervisor. When are you going to have the signs removed? He said, get me, he said, above my pay grade. So, you know, there's a lot of games that go. I think a regulation is important so the public can see who follows the regulation and who doesn't. I really do.

2:51:54 – 2:52:27Fortuna Smukler

Commissioner Smith and it was the then city manager that was allowing that to happen because it was making your sign shorter because to go against you and allowing the other people sign because that's who he wanted to win. So it was not so much the fault of the code. They were doing what the then city manager wanted us to do because it was convenient for him to have certain people win and certain people lose.

2:52:29Phyllis Smith

That's good. Mm-hmm.

2:52:32 – 2:52:55Michael Joseph, Esq.

um gary it's uh it's it's first reading so um uh i'm willing to move forward because it is first reading and it does put us in conformity with other cities um so um mr mayor i was gonna ask um would commissioner smith like to make any amendments to the ordinance

2:52:59 – 2:53:12Phyllis Smith

Bernie and I disagree. He knows law, and I know the blight. March, for people to put up signs in March, I think the regulation should be this summer. That's my opinion.

2:53:14Michael Joseph, Esq.

So, but, like I said, it's first reading. Does somebody want to call it, or?

2:53:22Lynn Su

Well, I mean.

2:53:24Michael Joseph, Esq.

It's first reading, so like.

2:53:25Lynn Su

All right, I motion to approve.

2:53:27Michael Joseph, Esq.

Okay, I have a motion. Do I have a second?

2:53:30Lynn Su

Second. Oh, did you want to do an amendment? I wanted to do an amendment. Okay.

2:53:34Phyllis Smith

Make the sign requirement not before July 1st. July, August, September, October, November, June.

2:53:41Lynn Su

Actually, what about qualifying? Like at qualifying, because that's when they can put the bond up. When is qualifying?

2:53:47Phyllis Smith

When is qualifying?

2:53:48Lynn Su

I think it's mid-August or something like that. Like this year.

2:53:51Michael Joseph, Esq.

But I thought the bond, you put the bond once you start putting signs.

2:53:55Michael Joseph, Esq.

So it wouldn't be like when you qualify, it'd be like whenever you put the sign up. That would make it the most effective.

2:54:03Phyllis Smith

What does everybody think? What do you want?

2:54:05Michael Joseph, Esq.

June, July, August? I just don't want a constitutional challenge.

2:54:10Phyllis Smith

Well, they can have a constitutional challenge for any of us. I mean, we can't live with that.

2:54:15McKenzie Fleurimond

Constitutional challenge. Do you have an attorney look into those dates and see maybe what's more appropriate?

2:54:18Michael Joseph, Esq.

And then him come back, like, this is a first reading. So can we just, can we pass it as is?

2:54:23Lynn Su

Wait, can we ask, just real quick, you saw the Aventura, did they have a start date or no? Whenever the signs...

2:54:30Speaker 8

I don't recall that they had a star date, but I will look, because, Commissioner, you had two specifics, and I checked the two specifics.

2:54:40 – 2:54:51Lynn Su

Okay, good. Why don't we explore the July, ask the attorney to explore the July date and give us an opine on that, and then for now we're going to pass it as is. Okay. So motion to approve.

2:54:51Michael Joseph, Esq.

I have a motion and a second. Madam Clerk, can you do a roll call, please?

2:54:55Speaker 18

Commissioner Furrymon?

2:54:57Speaker 18

Commissioner Jean? Yes. Commissioner Smith? Yes. Commissioner Hsu? Yes. Commissioner Chernoff?

2:55:06Speaker 18

Vice Mayor Smuckler? Yes. Mayor Michael Joseph? Yes. It passes. 11.4.

2:55:14Michael Joseph, Esq.

First reading, yes, motion. Do I have someone to introduce, please?

2:55:21Lynn Su

Second. Okay.

2:55:23 – 2:56:06Speaker 8

Item 11.4, ordinance number 2026-07, first reading. Establishing community association registry, sponsored by Commissioner Hsu, an ordinance of the Mayor and City Commission of the City of North Miami Beach, Florida, GA-02-2026, community association registry. amending Chapter 14, entitled Building and Housing, adding Section 14-13, Community Association Registry, establishing local requirements for registration for community associations with the city, including enforcement provisions for enhanced transparency in alignment with Miami-Dade County Community Association Registry, providing for codification, conflict, scrivener's error, severability, and providing for an effective date. This is first reading, sponsored by Commissionership.

2:56:09Michael Joseph, Esq.

Open up for public comment, Madam Clerk.

2:56:11Speaker 18

If you'd like to speak on this item, please come forward. No one has come forward.

2:56:19Michael Joseph, Esq.

All right, comes back. Commissioner Smith.

2:56:22 – 2:58:51Lynn Su

Thank you, Mr. Mayor. So this ordinance is the condo ordinance. I mean, basically, the state had passed a whole condo statute about reporting and transparency and whatnot. And from I mean, I'm a condo dweller, so I live in a condo. I know the issues and the problems that we have. The fact that I had to invest an additional on top of whatever I purchased on my condo over $100,000 in assessments and repairs and getting the building recertified and all that. All of this would not have been a problem for me had all the budgets and everything be searchable or be transparent. So with that said, I'm 100 percent behind this whole transparency. I think what it's going to do for North Miami Beach is it's going to make our properties more valuable because people will start to fall in line about all the reserves that they need to put in and make sure that their budget is tight, everything is spent and sourced and procured correctly, and the transparency is definitely going to help our property values because currently, I'd say condos in Florida is rock bottom. We're the only state in the nation that is not allowed anything less than 10% down payment for a condo. So it's either 10% or 25% down payment, and that is a big burden because people cannot afford that kind of down payment when they want to purchase a first home. so with that said like i i look forward to your approval to this this is not going it's gonna very minorly cost the city um in terms of um in terms of code enforcement meaning because they will have to check to see if the condo association has or has not registered we have expanded the condo to hoas we have expanded this to co-ops and any any association related entity in our city So everything is searchable. They only register once. They don't have to do things twice. We can search them from our city's website. Everything has been collaborated with the county. So that's 100%. We don't have to add any more burden to our staff just for transparency's sake. Now, with that said, I just wanted to hear what everybody else had any input on that.

2:58:54 – 2:59:22Phyllis Smith

Thank you. So I assume this is retroactive. Everybody had to sign up. The question is, how do we know? Because they already signed with the county. It's just the county collaborating their information with North Miami Beach. But if they don't sign up, if they're not transparent, what's the penalties? Mr. Attorney, don't we want to put the penalties in this ordinance?

2:59:24Lynn Su

I think that the penalties are already established. Not in here. I read them.

2:59:29 – 3:00:24Speaker 8

The county... really preempts this area and the original contemplation of this ordinance has changed substantially based on the fact that the county adopted something and they really preempt the area so it would be problem for us to do something that is really different than what their scheme of enforcement they have asked us to cooperate with them what's left of this ordinance since they've preempted is basically we're asking people in this city to do it and we're kind of like a reporting mechanism to the county they're policing the incorporated areas and we're providing that information for within our city limits for them to then proceed with enforcement.

3:00:25Phyllis Smith

So if they do not register, the county gets the fine?

3:00:35Speaker 8

That's the scheme that the county has enacted. And we're basically kind of eyes and ears for the county here.

3:00:43Phyllis Smith

So if it's a county regulation, why are we having an ordinance which becomes law, which doesn't state what the county's fines would be?

3:00:56Speaker 8

I mean, I'm trying to understand.

3:00:59Lynn Su

I'm trying to understand. No, I understood that we are enforcing it. That's the reason why we're passing this ordinance.

3:01:06 – 3:01:46Speaker 8

That's not my understanding, Commissioner. I'll go back through with you and sit, but I thought that when you look at the way the ordinance was revised, that's my understanding. We can inspect, we can report, but basically my understanding is that we are reporting it to the county so that they can take action based on it. We're kind of being eyes and ears, because there is concern that they might not look carefully enough at what's going on inside municipal limits. They may be looking to us to do that. But we can break that down. Again, it's first reading.

3:01:47 – 3:02:11Phyllis Smith

Could we defer this until we find out what we're doing? I mean, if it's a county regulation and the county collects a fine and the county has a requirement, but we're making an ordinance to change our code, I would like the ordinance to state what it's all about. We're changing, let's just, I would make a motion to defer until we know. No, I'd second that too.

3:02:11Lynn Su

Yeah, because I mean, I was under the impression 100% that we're enforcing it, and that's the reason why the urgency of having this done.

3:02:19Speaker 8

Before you do, well, you can defer it. I mean, you might want to hear from community development.

3:02:23Lynn Su

Oh, yeah, we should.

3:02:25Speaker 8

But let's defer it, let's defer it. Okay, yes, sir.

3:02:28Michael Joseph, Esq.

We have a motion and a second.

3:02:29Speaker 5

All in favor say aye. Aye.

3:02:30Michael Joseph, Esq.

All right. And community development will come back. Next item.

3:02:36 – 3:02:47Speaker 8

We'll come back and I'll get with Mr. Ahmed and the department and we'll review that further and with the sponsor as well. 11-5. We need a motion there.

3:02:48Michael Joseph, Esq.

Motion to introduce. Well, I can't.

3:02:52 – 3:03:05Jay Chernoff

You do it so well. Move to introduce resolution number R2026-60, authorizing a facility use agreement with Little Haiti FC Inc. Second it.

3:03:07 – 3:03:53Speaker 8

Number 11-5, resolution number R-2026-60, authorizing a facility use agreement with Little Haiti FC Inc., sponsored by Commissioner Jean. Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, approving and authorizing a facility use agreement with Little Haiti FC Inc., authorizing the city manager or designee to execute the agreement and utilize funds in an amount not to exceed $52,240 from the community benefit youth sports account to support the first year of the program authorizing city manager designated all things necessary to re to effectuate this resolution providing scriveners there's severability and providing for an effective date sponsored by commissioner jean thank you so much um i i wanted to hear from the coach again what was your name

3:03:55 – 3:04:08Daniela Jean

JP, Coach JP, can you tell us a little bit, I know you gave us in a nutshell what the program was, so this is the school itself, the monthly charge for families is how much?

3:04:08Speaker 13

$100 for twice a week.

3:04:10Daniela Jean

$100 for twice a week, so for a month roughly it would be how much?

3:04:14Speaker 13

$100 per month.

3:04:19Daniela Jean

$100 per month or twice a week?

3:04:21Daniela Jean

Okay. And this is what you do full-time, correct? I mean, as it relates to the school, the whole purpose is it's an academy, right?

3:04:29 – 3:05:07Speaker 13

It's not an academy. That's why it's called School of Soccer. It's a recreational program. Right now we have in Oak Grove Park, all the ages are playing recreational leagues. In Allen Park, We have only under eight, under 12, that we had the numbers to play this small league that we do with other clubs. We are trying to build a girls team, but we didn't have enough girls to add to the league, and the under 10. So we have classes from six to 12 years old. The girls we have older, yeah.

3:05:09 – 3:06:00Speaker 13

And one limitation of the program is that I've been What happened, we started at Washington Park. All before the renovation. And then we had the opportunity to move to Allen Park when the football season was over. But the problem is when we go to Allen Park, which is a better facility, a better field, big field, we were able to grow the program. But then when the football season starts, which is probably now in June, we have to move to Olida. And then when we move to Olida, it's very small. And we've been trying to use Michon Park too, but it's been very busy. and I was after, do you have any more questions for me?

3:06:00Daniela Jean

No, that's all I have. So currently, Mr. Manager, the MOU is for which park usage?

3:06:11Speaker 7

I'll call up the Director of Parks to answer that for you, Commissioner Zon.

3:06:22 – 3:06:37Speaker 5

Good evening, Mr. Mayor, Vice Mayor, Commissioners, everybody else on the dais, good evening. Andrew Plotkin, your Parks and Recreation Director. The current site that the team is looking for that's in the facility agreement is Allen Park.

3:06:40Daniela Jean

And for example, for existing clubs like this one, how would you guys work through the schedule?

3:06:47 – 3:07:39Speaker 5

So it's very tight scheduling. Mr. JP and his school is one of six other organizations that rent our fields throughout the city. So as he says, he has a program. It's a rental agreement, along with other rental agreements that we have throughout. And providing space and working around our well-established Sun Devil football team, and also our NMB Baseball, well, also the baseball. We have the Optimist Club, the Sun Devils, and then we also have our NMB baseball little league. So it's, obviously scheduling is a challenge for all the organizations. Everybody's fighting for the same time. Everybody wants the peak 6 p.m. to 8 p.m. window. So obviously scheduling for everyone is a challenge.

3:07:40Daniela Jean

Thank you. That's all the questions I have.

3:07:45Phyllis Smith

Mr. Manager, through the Mayor, could I just ask Mr. Plotkin a couple questions?

3:07:53Phyllis Smith

So Mr. Plotkin, when you add another, how much revenue do we get when they rent?

3:08:02 – 3:08:13Speaker 5

Off the top of my head, I believe, JP would know this more than me, but it's probably around $896 to us a month. Okay, so, Average.

3:08:14Phyllis Smith

And you have six places that pay that?

3:08:18 – 3:08:32Speaker 5

Depending on how often they rent and the time frame that they rent, it varies, obviously, but he's consistent. Like you said, twice a month it's been, and I think that average is close to around $800, $900 a month.

3:08:34Phyllis Smith

And the football starts, the football season, so now you're going to add somebody else. How would they have an opportunity to use Alan Park?

3:08:45 – 3:09:14Speaker 5

Commissioner, to be honest, they might not. Okay. That's why I believe he said that sometimes we'll say, hey, not hey, but... This field is no longer available. However, we could move you over to, let's say, ULITA or somewhere else if you're interested. But everybody knows going in that our priority has been always the Sun Devil Football Program and NMB Little League. They've been with us for...

3:09:14Phyllis Smith

When I was in diapers. So even if this is the region I didn't sign upon, they understand that it's not written in stone that there'll be availability for...

3:09:22Speaker 5

I believe the agreements are monthly.

3:09:26Phyllis Smith

Is that correct? Yeah.

3:09:27Speaker 5

So when we rent it out, it's on a monthly basis. It's not guaranteed, but we try to go month to month and try to accommodate as best we can to all we can.

3:09:36Phyllis Smith

No, but I'm talking in reference to this resolution.

3:09:40 – 3:10:00Speaker 5

That resolution right there before you is year-round. It's twice a week for six months. during the week, and then it's twice a week during the week and one weekend day for the other six months, and I think that's working, trying to work around the football program.

3:10:00Phyllis Smith

But is there, if there's not availability, are they going to get there twice a week, or we're going to push somebody that's paying out?

3:10:11Speaker 5

If this, somebody will have to go, because they'll become the priority.

3:10:17Phyllis Smith

So somebody that pays.

3:10:18 – 3:10:32Speaker 5

Well, somebody will have to relocate or adjust, I should say. I don't ever want to push somebody out, but space is a premium and timeframe is a premium. So they would have to adjust or we'd have to look at other locations, potentially.

3:10:33Phyllis Smith

So this money would be coming from, this money comes from a fund that has $70,000 that must be spent for sports.

3:10:44Speaker 5

Youth sports, yes, ma'am. Youth sports.

3:10:46 – 3:11:12Phyllis Smith

so is there other areas that we have a need that we as a commission would not be aware that there's a need for funds i'm thinking the free swimming i want every child to be able to swim so are we short on funds in other words does this money need to be spread a little different that's

3:11:14 – 3:12:31Speaker 5

for you all to decide. My team, obviously this came a few months ago. I went through Commissioner Jeanne when she was doing her public arts resolution uh... and then we're looking for the the funds that uh... the the community developers uh... had uh... agreed to and paid and so a few months ago i think it was three months ago the resolution came in the money was moved to the proper place so to be honest my team uh... we haven't done the evaluation it's only been a few months uh... they've been laser focused on uh... summer camp and usually about now or in a month is when we start focusing on next year's our youth sports programs after school but I'm sure I'm sure there's need. Free swimming, as you said, is one. We've partnered with the Zero Drowning in Miami-Dade County and the Children's Trust. So now we bring our local elementary schools during the school year to Victory Pool, and we teach them how to swim for free. It's a great program that you all passed. But during the summer, when we do our swim lessons, there is a fee to that.

3:12:34 – 3:13:38Phyllis Smith

So I think this is very important to bring to our city. And I made sure that it's for everyone. It's not just for the Haitian community, although the Haitian community are extreme, as they say, football, soccer advocates. But the boy across the street from me A Jewish young gentleman goes to a private high school in Orlando somewhere because he wants to be a soccer player. He spends five hours a day playing soccer. I just want to make sure before $52,000 is put in a direction and believe in the project 1,000%, but if we're going to turn down revenue for the city, then it's not a $52,000 grant. It becomes whatever we turn down also. The grant becomes bigger. So

3:13:40 – 3:14:42Speaker 13

We really have to concentrate. The central question here is what the city wants. If the city wants a soccer program that will be entirely free or not to the community, if the answer is yes, for example, how does this $52,000 will be used for the program? And if other schools would have the opportunity to show their program too. Because with this amount of money, depending on the number of days you can do, it can be lower than that. It's gonna be free for the residents and paid for non-residents. That's a different picture. So if the city wants to have their own soccer team, That's what you have to decide. That's my opinion.

3:14:42Phyllis Smith

How is this money being distributed, Mr. Manager?

3:14:49 – 3:15:11Speaker 7

The community benefit account is money that we receive from the developers for use of different programs. We have two separate accounts, Art in Public Places, which has $70,000 utilized to put art in public places. And we have $70,000 for the youth sports program, which can be at the will of the city manager or the will of the city commission.

3:15:12Phyllis Smith

No, but how is it being distributed? Are we ready to check, or they give us the bills?

3:15:17 – 3:15:32Speaker 7

How does it work? There was a discussion in parks about a reimbursement program, and there was also a discussion about paying the money up front in full.

3:15:33Daniela Jean

I think Mr. Santangelo is here. He can speak to that if he'd like. Yes, for sure. We would love to hear from you.

3:15:41Phyllis Smith

Do you have questions for him? No, she asked would he like to say anything. Would you like to say anything?

3:15:49 – 3:18:00Speaker 25

Yes, Commissioners, we originally started in Little Haiti. Last year, we started in the city of North Miami with an identical program that we're asking to do here. Right now, in North Miami, we have 250 kids registered playing their field. We used Ben Franklin Park there, and they're able to give us that park basically six days a week because they believe in the program. Again, it's not just recreational, it's a whole lifestyle for these children. And we take them, we have, we put them, we're part of what's called Florida Youth Soccer Association, which is the highest level of soccer. All our coaches have workman's compensation, they have background checks. We've been doing this for 12 years now. And again, the children don't just come on Saturdays and then you don't see them anymore. We have these kids. you know, even if they're not there every day, they're calling us every day. So we're handling issues with immigration, with school problems, we monitor their school work every day. It's a whole lifestyle for these kids. So North Miami Beach or Franklin Park, if you went by there, you know, five o'clock Monday through Thursday or Saturday morning and watched them play, you'll see there's a world-class organization The president of FIFA, Gianni Infantino, heard about our program. He talks about Little Haiti FC on his stump speech around the United States when he's trying to encourage local cities like this to provide the children in their community with free youth soccer because he believes the United States is missing out on a lot of talent. So this is the only program where any kid can come by and play soccer. If they're good, we had a girl play in the World Cup in 2023, 2023, for the Haitian national team. Naomi Ambros was part of Little Haiti FC. So if the kids in North Miami Beach have the talent, they can go all the way to the World Cup.

3:18:01Phyllis Smith

Let me ask you, you play now in Washington Park? Excuse me, ma'am? Did you play in Washington Park?

3:18:09Speaker 25

Do we play Washington Park? No. Yeah, I don't remember them specifically.

3:18:14Fortuna Smukler

He's saying that you haven't, but why can't they? You haven't?

3:18:24Speaker 25

Oh, no, no, we've never played in the city of North Miami Beach.

3:18:27 – 3:18:39Phyllis Smith

And my biggest question is twofold. One is, how does the money work? Would you turn in your receipts and then they would pay whatever you paid or whatever you owe, we would pay the bills?

3:18:39 – 3:19:34Speaker 25

Now, the way we work in Miami and North Miami is basically we show you the budget, okay, which a city manager has, and basically that money is just for coaching, uniforms. The board of directors will ADFC, which is made up of educators, in fact, The Dean of Students at JFK Middle School is the president of Little Haiti FC. That's how we keep track of all the grades and everything. The kids can't get away from us, okay? The Dean of Students at Miami Edison High School is on our board. I have a degree in secondary education from UMass. So we watch education, the thing we're proudest of is that every kid in this program graduated high school and most of them went to college. Taking this high risk population and having a track record like this is what gets its attention almost worldwide because nobody's doing this.

3:19:35 – 3:19:51Phyllis Smith

And so my last question is, if you couldn't have Alan Park would you, for one or two of the sessions, let's say in the busiest time of the year, go to another park so that they don't lose the revenue for the city?

3:19:52Speaker 25

Our agreement is whatever the parks director and the city manager allows us to play, wherever it is, we're grateful for that.

3:20:01Phyllis Smith

So is that the way it's written, Mr. Plotkin, so that you understand it?

3:20:05Speaker 5

Yes, ma'am, that's the way it's written. That's the way, yes, ma'am. Okay.

3:20:13Fortuna Smukler

I have some questions.

3:20:18 – 3:20:48Phyllis Smith

Sorry. Can you repeat what the way you went? What they're saying is because everybody wants Allen Park and let's say they have a tournament that they're in the middle, they're at the end of their tournament and they won Allen Park because it's a bigger regulation field. Rather than lose the revenue of $900 to the city, that I asked him would he move to a smaller field for that time so that one of the paying soccer teams, and he said he would.

3:20:49 – 3:21:40Speaker 25

Yes, what we do in the city of North Miami in Miami, we do that. When Ben Franklin Park is busy, we play in Little Haiti. And Little Haiti is called Little Haiti Warriors FC. North Miami is North Miami Warriors FC. North Miami Beach will be North Miami Beach Warriors FC. The kids who are good will play on the competitive team and go to tournaments and travel and all that. The kids that wanna learn the game, we take everybody who comes and we teach them the game. We wanna start in North Miami Beach with U8 and U10 right off, okay? Because most people will tell you, and I think the other soccer people's degree. You need to get these kids when they're five, six, seven years old in order to get them, if they are gonna have the potential of becoming college scholarships and professional players.

3:21:43Speaker 6

Okay, I wanna. Oh yeah, that makes sense.

3:21:45 – 3:23:09Fortuna Smukler

All right, so why can't we give money to, let's say, the PAL program that has the sports program? or to the summer camp sports programs. Which one? The summer camps have, I think, have sport, or at least they may not have a sport program, but they have sports. Why can't we give money to the baseball little league? Yeah, but I'm saying, so what I'm trying to say is that I, since we're such a diverse community, I'd like to spread the wealth. mr um santangelo to have some i would like mr mr castro is that your jp i would like to him to have some i'd love to give to pal they have a sports program i'd love to um put some into the summer camp so they can do some sports i'd love to give some more if we if we give a ready to the the NMB Little League, there's a swimming at the schools, I don't know if we're allowed to give it to the schools, or is it to, it's us to have the sharks, the barracudas or something, is that us, or is that?

3:23:09Speaker 18

That's us, the barracudas.

3:23:10 – 3:23:49Fortuna Smukler

That's us, I would love to give, you know, there's so many different programs groups of people that could benefit from all the different programs, from every religion, every ethnicity, everything that I actually said before that we should include. So I personally, I would like to spread the wealth. I would like to see this money given to several organizations.

3:23:52Fortuna Smukler

Oh, wait, and one more thing. Why can't we use Michigan Park?

3:23:57 – 3:24:37Speaker 5

We currently have a management agreement with Mishcon Park, and they've invested, the soccer development group, they've invested millions of dollars at Mishcon Park. We can do other sports there, but I would, I have a hard time, unless directed by the city manager, I have a hard time bringing in competition to an organization that's been very good to the city and a partner with the city and has invested in the city with a soccer organization. with a La Liga soccer program. And they have management agreement rights for the Michigan area.

3:24:37Lynn Su

Which company is it again that has management?

3:24:39Speaker 5

It's a soccer development group, the ones that have the artificial turfs on the south side. It's called La Liga, but the group's name is the soccer development group.

3:24:50Fortuna Smukler

And to the clerk for item 11.4, I had stepped out, but my vote is yes to table it.

3:25:00Fortuna Smukler

And I have, Commissioner Hsu?

3:25:05Lynn Su

Thank you so much. Okay. We were talking about, yes, through the manager, I'd like to ask the director a question about Boca soccer.

3:25:16Speaker 5

That's La Liga.

3:25:17Lynn Su

Okay, so all those six fields and the artificial turf, they're all under?

3:25:22 – 3:25:34Speaker 5

No, the six fields are under their umbrella. The main one is ours, and we do charge them when they, they're one of the ones that we do charge as well when they use our big field.

3:25:35Lynn Su

Okay, and the six fields are accessible to us or no? Are they rented like permanently?

3:25:41Speaker 5

The six fields, they control. We could have access, we can request, but they control those fields.

3:25:49Lynn Su

Oh, okay. And if we wanted to rent that out, like we can't do that because it would be a subletting, is that?

3:25:55 – 3:26:15Speaker 5

Yeah, it's their management right to, yeah, they would allow us if we had a program or we wanted to use it for a particular reason, they would be more than accommodating to work with us. But it's their management right to run and operate those six fields.

3:26:15Lynn Su

So the one with the AstroTurf, that's the one that we can't touch? Or I mean, we cannot?

3:26:22Speaker 5

Yeah, well, they're all synthetic turfs, but you're talking about the one big football slash baseball field. That is ours to manage.

3:26:32Lynn Su

Ours to manage?

3:26:33Speaker 5

Ours to manage, yes.

3:26:34Lynn Su

Okay, so we could rent it out. We could use it if we need to?

3:26:39 – 3:27:11Speaker 5

That would be at the city manager's direction. Like I said, I have a hard time bringing competition in front of, in the same park that they've provided us millions of dollars, built those fields, and have the exclusive right to run those six fields, and then You know, but now we do rentals like the soccer team from the high school will rent it out, like one time, like rentals will do, but not like a consistent program.

3:27:13Speaker 13

Sorry, just to add.

3:27:14Lynn Su

Madam Vice Mayor, can he?

3:27:16 – 3:29:35Speaker 13

Yes, please. Just to add an information about this, yeah. Can you hear me? Yes. The competition on that field. I was there for the whole 2022 using, I was renting Wednesdays and Fridays one of the small turf fields before the renovation of Mission Park. And then the guy that runs the place called me one night and say, JP, you have to leave. And I say, what? Overnight? I have a practice tomorrow. And yeah, you have to leave. But why? Because the owner of Atletico de Madrid doesn't want competition here. And according to him, he had a contract with the city, and I had to leave. So I understand it's hard to bring competition there. But they don't use every day. They were using Mondays, Tuesdays, and Thursdays. I was renting Wednesdays and Fridays. And nobody wants Fridays because the parents don't want to go Friday night to bring the kids. And I took the space. Actually, he was... doing a better price because of that time of the week. But I had to leave overnight. And then, just a funny story, I told him, tomorrow I'm going to do the class anyways. So I went there. We trespassed, I have to say. We went to Mission Park, and I gave the class there because I wouldn't tell my parents that I would not give the, it was the end of the month. But overnight was very, very disrespectful. And fortunately, from there, after we were kicked out, we went to Oak Grove Park, which has an excellent facility. The program grew so much there that the parents of North Miami Beach asked, why don't you open a program in North Miami Beach too? And we did that because, and at the beginning, the program was successful because the kids I couldn't accommodate in Oak Grove Park came to Washington Park. We started in Washington Park. So yeah, I just wanted to add that I understand there was this contract with Atlético de Madrid.

3:29:37 – 3:32:02Lynn Su

OK, thank you. So I'm going to continue. I agree with Commissioner Smuggler. I mean, sorry, Vice Mayor Smuggler about spreading the love around for different sports, different groups. I think that I mean, I know it's a FIFA year. You know, we're all excited about soccer this year because of the World Cup. But all in all, I think then I hear there's more than two. First, it's like, oh, there's one. OK, great. Now there's two. And then, no, there's actually eight. I don't know, so many different ones. So we would love to encourage. And I think the center of it all is I want to share that this is what I spoke to the manager. The manager said, oh, you sound like the director. So the point is that I think that residents who have children they bring their ID, they register how many kids they have, what are their kids' names, register, get vouchers. They can go play wherever they want. And then we can reimburse that. I don't know if we have the manpower to do that, but I mean, I'm just saying that I think if we're focusing on our residents, then we focus on the residents and have the residents come in, they could apply online, and then they could say, you know what, we're gonna go to this program, that program, and at the end of the month, we clear the bill, the vendors bring in their vouchers and get reimbursed. I'm just making that up like on the spot. So that's what I'm thinking is like we, financially NMB is not like we're not thrown around money. So what we really want to do is we want to spend it wisely. And we want to support, like I've heard, the single moms that came up raising one, two, three kids, I don't know. I could imagine how hard it is during this time. So if there's anything that we can encourage them to do something healthy, not sit in front of a TV screen or an iPad or an iPhone, and they could go out and play sports and learn sportsmanship and, you know, make friends. I mean, I'm all for it. So however they learn it, whether it's through soccer, whether it's through baseball, basketball, I don't know, whatever, you know, American football, like, just have fun. Like, I'm all for that. So that's my take on it. And thank you very much.

3:32:02Fortuna Smukler

Commissioner Floremand.

3:32:06 – 3:32:23McKenzie Fleurimond

To Mr. Santangelo, the question I have for you is, as far as two sets for 60 players, is there a particular reason why you have a certain number of players in your budget? Is there a particular reason behind that?

3:32:24 – 3:33:20Speaker 25

Yes, yeah, because... Again, this is a free program. You will be one of two cities in the state of Florida that are offering every child in your city the chance to play a game that's considered pay to play. So there's hundreds of kids in this city right now waiting for us to start the registration, which will be on the City of North Miami Beach website. in the city of North Miami Beach can see the addresses of everybody who they're registering. And you will be restricting, well, it's up to you, but I believe you will be restricting this to children who live in the city of North Miami Beach. So right now, there's hundreds of kids watching the kids in these other programs playing from the sidelines, because their families cannot afford to let them play.

3:33:20 – 3:33:46McKenzie Fleurimond

Okay, so I guess the question, and I appreciate the response, So you're saying basically the demand is really high, period, and so this number here is to try to address as much of the demand as possible. It's not necessarily that there has to be a certain number of players per team, et cetera, et cetera, or this is your model in the other cities. The other cities may have more children that are part of those programs, right?

3:33:46Speaker 25

Yes, any child that registers, we take.

3:33:49McKenzie Fleurimond

Okay. All right, so right now, this budget is for 60 children total?

3:33:57 – 3:35:18Speaker 25

Right now we're trying to do U8, U10. We're modeling this after North Miami, because we just did this in the last year, we're in our 12th month now. So we actually made the mistake of going all the way up to U16. And we got through, we got by, but to do it right, we want to start with U8 and U10. But now, probably, the 52,000's not even gonna be enough for them, but we do outside fundraising. Right now, in about a week, you're gonna hear a big announcement from FIFA and the Miami World Cup host committee. Little Haiti FC's one of two organizations in Miami that got money from the World Remediation Fund. So FIFA recognizes this program as one of the best in the world, and that money is for women's program to specialize, there's a lack of opportunities for women to play this sport, so we're gonna have a specialized women's program, and we're gonna have after school programs paid for by FIFA, and we're gonna have CONCACAF trained coaches in this program. It's a nod from the soccer world that this is a model program for the United States of America.

3:35:18 – 3:35:31McKenzie Fleurimond

Got it. Okay. So aside from that, I see in the agreement, we've been referencing only Allen Park, but I see in the agreement it also says UNITA. Can you provide some insight into that, Andy? Okay.

3:35:36 – 3:35:52Speaker 5

Allen Park is the preferred location that the organization has requested. If we need to, we have to do what we have to do, but Allen Park has been their preferred location for the program.

3:35:52 – 3:36:05McKenzie Fleurimond

So what are you saying in the agreement? Are you saying that, because right now, based on what it reads, it almost seems as if that non-exclusive right is for both parks.

3:36:06 – 3:36:23Speaker 5

We want to put that in the agreement in case obviously we have situations where it's just not possible with all the demand that we have, that it is in the agreement that we can shift you over here for a short term or however it is until we can get you back to the preferred location.

3:36:23 – 3:37:17McKenzie Fleurimond

Okay, thank you for the response. The reason I'm asking this is because even if, and I know this item is not about another team, right? But let's say, for instance, as a result of this team being given priority at Allen Park, this other team has to then start to figure out what they're going to do, right? Yulita to me would have been that option that they can utilize outside of Allen Park. But now if we have both Allen Park and Yulita, it's really putting them in a position where they don't know where they're gonna be able to play at all, period. They really don't have that ability to say, okay, well, we're moving this program to Allen Park. And then whatever those kids are that, whoever those kids are in the North Miami Beach program that he currently runs, all of a sudden, they have no place to play. Is that what I'm understanding to be the case? Yes.

3:37:20Speaker 13

Again, we go back to the question. I don't know what the city wants with the soccer use of it.

3:37:24 – 3:37:35McKenzie Fleurimond

So specifically. Because I don't know. First, I don't know the project. Well, here's what I'm saying. OK, so the conversation I'm having is not about the city putting out an RFP for a soccer program. That's not the conversation I'm having. Right.

3:37:36Speaker 13

But you're asking me if I'm going to have to leave or if it's going to be harder for me to have a space? I don't know. I don't know what the city will decide. So I don't have to. Well, that's the reason why we're having this conversation.

3:37:46Daniela Jean

But it also depends on frequency. That depends on frequency and scheduling as well. Right.

3:37:51 – 3:38:02McKenzie Fleurimond

But the point I'm trying to make is, very simply, if there's an agreement, right? You don't have an agreement right now. You basically pay as you go, right? Is that my understanding?

3:38:02 – 3:38:45Speaker 13

Yes, because I asked for the agreement, but the city never did a long-term agreement. Okay, so right now you're paying as you go. Now there is this option. I didn't know there was this option. My point being here is that you guys are now considering having a soccer program with a contract, with a long-term contract, at least one year, and I would like to have the opportunity to present my program too. You guys are going with one way without hearing other options, without hearing a program that has been here in the area for four years. That's my point, that's why I came here.

3:38:45McKenzie Fleurimond

So for you, Your resolve is to have your plan be heard in comparison to the plan that we have in front of us.

3:38:55Speaker 13

You guys didn't have the opportunity to hear from someone else.

3:38:59 – 3:39:22McKenzie Fleurimond

Okay. I don't want to... I'm not certain that... This is not an RFP process. This is something that's within my understanding. If the attorneys can speak to it, there's nothing necessarily requiring us to go out to bid for something like this. Assistant city manager.

3:39:26Michael Joseph, Esq.

To the mayor, I can take a note for the manager and then respond when he comes in. You can what? I take a note on the question.

3:39:33 – 3:40:00McKenzie Fleurimond

No, by the time he comes here, he'll be able to respond himself. So we just need somebody to come here and make, you know, like a pilot. Thank you. So the question, Mr. Manager, is we're hearing JP. We're hearing his point of view. My question was more along the lines of if we do an agreement with Little Haiti FC that they won't have a place to play, right?

3:40:00 – 3:40:32McKenzie Fleurimond

So my concern was, okay, well, in this agreement, let's just put Alan Park. So that way this team can have the opportunity to use Yulita and not be competing for those sites with Little Haiti FC. Yes. His point is he wants to have a comparison between the two programs to see what the city wants to do. I don't think that this is a city initiative per se. This is an organization that came with a plan that would like some city funding for the program to be specifically within the city of North Miami Beach. Is that correct?

3:40:32 – 3:40:50Speaker 7

No, sir. Or is this a city program that- This would be a 100% city funded program. We are covering the cost of the field. We're covering the cost of the uniforms. We're covering the cost of the staff. This would be a city initiative. Okay.

3:40:50Fortuna Smukler

But what, like how was it that he was chosen and not someone else?

3:41:00 – 3:41:11Speaker 7

This is a sponsored item, which all of you have the options to do, to bring an item and have majority votes make a selection.

3:41:11 – 3:43:07Daniela Jean

can i make a comment mr mayor so this was a process that for three years we've been trying different city managers have heard about it so this is not something that came together this year right this was three years ago um through what little haiti fc is doing in city of miami and what they were doing i spoke about this uh the previous managers right and so we brought the proposal forward because they've been doing the work in the community. To your point, as it relates to free programming versus subsidized programming, that's a different conversation, right? Because currently your program is still very affordable, but not necessarily free. So your model isn't free per se, right? Their model is totally free with subsidized support, but also to your point, like you said, hey, if there's an opportunity for us to be considered, I know some of my colleagues mentioned sharing the wealth, and I know that we can always make an earmark for different programs, be it the pool. I know we provide PAL maybe $100,000 a year for their entire fleet of services, as well as the after school program through the Children's Trust. So even if there is a desire for there to be an earmark for pool, an earmark for whatever have you, there is funds within that any commissioner can say, hey, I would like a $5,000 earmark for pool swimming lessons or whatever the case may be. But I did want to highlight that this particular initiative was something that was brought forth about three years ago for consideration to the city manager because it was a facility use agreement for a free program. So it's still a facility agreement for a program. However, they're asking for a subsidy. That's the difference there, right?

3:43:08 – 3:43:20McKenzie Fleurimond

And so I'm supportive of this program. So I want that to be clear. My main concern was where are your kids going to play if they have an agreement for both Yolita and that was my main.

3:43:20 – 3:43:41Fortuna Smukler

But you do realize that. I have an answer. Excuse me, JP, if you do realize that if we were to subsidize him or anybody else in this room, that the kids would be for free. It's not that it's exclusively for free because of him, it's for free because of the subsidy we're giving.

3:43:41Speaker 6

No, of course, I understand. I completely understand that.

3:43:44 – 3:44:03Daniela Jean

I wanted to add to Vice Mayor's point. For example, we supply funds to the baseball. I can't speak for the baseball, but for the football program, they still charge their kids to participate in Sun Devils. Sun Devils is not free just because we subsidize it.

3:44:04Fortuna Smukler

So maybe if we gave them money, then it would be for free.

3:44:07Daniela Jean

But what I'm saying is that they still have a registration fee and so forth because their program is not a free program like this model.

3:44:16Fortuna Smukler

But if we gave money, then it could be a free program.

3:44:21McKenzie Fleurimond

So what she's saying is we do give money and they still charge.

3:44:25 – 3:44:36Fortuna Smukler

Because they may not have enough to cover it, but if we gave more, then everybody, if they have any organization, if they had enough money, they could be able to do it for free.

3:44:38Lynn Su

May I remind you guys that the total fund for youth sports is $70,000. This is $52,000, right?

3:44:45McKenzie Fleurimond

Well, I mean, that'll be up to the commission to make that determination, right?

3:44:48 – 3:45:01Lynn Su

No, what I'm saying is absolutely it's going to be free. You see what I mean? Like, if we were subsidizing by kid, so he said he charges $100 a month, how many kids can we sponsor in a year? Like, that would be a lot more.

3:45:01 – 3:45:22McKenzie Fleurimond

So, let me just focus on the agreement. I think that it should just state Alan Park and not Yulita, because I just want to make sure that if there is an issue with you know, their ability to play at Allen Park, that they're not also, you know, in limbo when it comes to using Yulita.

3:45:23Phyllis Smith

I hear what you're saying, Commissioner. That's the exact opposite.

3:45:29Jay Chernoff

He's saying that he's putting a field that they're allotted to, and he may have to move them.

3:45:34McKenzie Fleurimond

No, no, no. What I'm saying is Little Haiti FC right now has, in their agreement, both parks.

3:45:41McKenzie Fleurimond

Why is that perfect when these people may not have a place to play?

3:45:44Phyllis Smith

They want to play in Allen Park, too. So if they want to play their tournament in Allen Park, then this group will move over to Yolanda. Is that what you're saying? Yes.

3:45:55McKenzie Fleurimond

It seems like to me that they're always in limbo based on what...

3:45:58 – 3:47:22Speaker 5

I'm saying we wanted to make sure there were options. And as far as limbo, Commissioner, when NMB Little League ramps up, they're going to be at Yulita playing their baseball games there as well as, you know, they play at Michigan as well and sometimes at Allen. So I wanted to give some flexibility that I need to shuffle them around with our current... like NMB Little League and the football. Adding additional that you want to make mainstream and all the time, that is extremely tough and challenging to schedule when everybody wants the same time frame. You only have so much field space to give. So I cannot stand here and promise that, okay, they're at Allen, you can have Yulita. I can't do that. I can say there'll be times, but I can't say you can have Yulita for a full-time commitment. For this program that's been brought up, that's been working on, it's still challenging for us to get them two nights a week at Allen Park, but we're going to... you know, have to find a way or have that flexibility to shift them when we need to to you leader. So I don't know if that answers your question, but scheduling is challenging.

3:47:23 – 3:48:39Phyllis Smith

I have a question, please. One more question. What are you going to do the second year? Because there's a lot of things coming down our pike. If we give you the money for the first year or the majority of the first year where you'll raise some other funds, We're coming down some real financial challenges, not only with our water plant, but also with the taxes, with the revenue coming in and the costs going up. So if we can't give anything, I remember when you first came, if I was correct, Commissioner Jean, is that you wanted $10,000 for this program. So I remember asking before for 10,000. Now we found the 70,000 that has to be spent on sports. And like they pointed out, the majority of the money will go to one program when there's so many in need. But let's say it's done because I learned a lot of new things tonight that I wasn't aware of. For instance, this, that there are plenty of programs and they pay and we're going to lose them because we won't have the field. So all this has to be taken into consideration. So if there's no funds the second year, what's going to happen to the program?

3:48:41 – 3:51:56Speaker 25

Well, every year we have these challenges. In the city of Miami, we've been there 12 years, and we have these challenges every year, so we just overcome it. So whatever way we have to do it, we get it done. So right now in North Miami, we have recurring revenue because we work with Redwood Development, that's doing the 28 acre Claude Pepper Park. So they give us 50,000 a year for 10 years. They just gave us the second 50,000 this afternoon actually. City of Miami, the mayor's office gave us 100,000. Mayor Suarez left us that gift as he was leaving office. And FIFA's given us 250,000 to do different programs. So when your kids are in the soccer program here, We're also gonna be putting together after school programs, tutoring programs. We do programs for the families. We help them with the immigration. We help them with everything because we have access to the parents. Sometimes the social workers, really would like to offer services, but the people who need the services may not know about it. Like for instance, your city might give free income tax preparation, but the people who need the free income tax preparation never even find out about it. So the unique part of our program over the years is that we're able to, it's a holistic program. You saw our parents. Our parents are totally involved in this program. This is not you kick the ball around on Saturdays. I applaud the program, this program too, because the children in his program, he's reducing their chance of being involved in things that are not good for children. So I think there's room for everybody. I'm not going to say my program is better than his. I don't really understand this. I don't know his program. It might be better than ours. I don't know. All I can tell you is our program, probably every kid that you see on that pitch, when we start this in a few weeks or whenever the city lets us start it, if we get approved here, you can put a bet right now that all those kids are going to graduate high school. Even your PAL program, you can't say that, okay? We're not just talking. Well done is better than well said. That's what Ben Franklin said many years ago. So we have a track record. So you can look at all the kids that were in this program in the last 12 years, Most of them went to either Edison High School or North Miami High School. We have 20 kids in the program right now that take city buses to Miami to train with us because there's no program here. But that's the difference in our program really. These kids, you know like they do the FCAT and they predict how many prisons they're gonna build by how many kids failed the third grade FCAT reading? Okay, it's a good indication. take our kids on the field, and probably his kids too, chances are they're gonna graduate high school, and chances are they're gonna at least maybe make it to middle class. Without him, without us, the children don't really have too much of a shot if their parents can't afford to pay for them to play this sport.

3:51:58 – 3:52:42Phyllis Smith

I understand exactly what you said. And I think your program is well worth the money, probably worth double and triple what the money is. So it has nothing to do with the validation of your program or what you do for the children or what the value will be for the city. It's a question of you have $70,000. What percentage do you give to one entity and the other entities that may need it won't be able to get any? So that's the question we're trying to figure out. And the bigger picture is, I do like what he said, that it'd be North Miami Beach residents. I think that that should be a key issue, being it's their revenue that we're spending for the program. I think that's a very key issue that we should

3:52:43Jay Chernoff

All the questions.

3:52:43 – 3:52:56Fortuna Smukler

Yeah, I just want to say I'm going to share the wealth and the love, and I want to share with all of you. So, yes, I was going to say call the question, so let's do this.

3:52:56Michael Joseph, Esq.

All in favor say aye. Aye. Aye.

3:53:00Fortuna Smukler

I oppose. Any opposed?

3:53:02Phyllis Smith

I oppose. Okay. I want to make sure we add that it's North Miami Beach residents.

3:53:07Michael Joseph, Esq.

Yes, it is in the agreement. So it's... Why are you shaking?

3:53:13Phyllis Smith

Wait a minute. Wait a minute. Why are you shaking your head no?

3:53:15Speaker 5

I'm sorry. I don't recall that it's in front of you. I don't recall that it specifically says North Miami residents only.

3:53:21Phyllis Smith

Okay. I make an amendment that it be... Whoa, whoa, whoa.

3:53:27Michael Joseph, Esq.

We voted on something that I believe passed maybe 5-2. Now we have a consideration.

3:53:34Phyllis Smith

I was on the winning side. I'd like to make an amendment.

3:53:38Michael Joseph, Esq.

Because they want to add an additional caveat to that particular approval. How would you advise to go about the proper way, city attorney? The first thing is what Commissioner Smith just said. As somebody who voted, it's a vote.

3:53:46Speaker 8

I can't tell you that I totally voted now, but.

3:54:03Speaker 6

Okay, so I second her motion.

3:54:08Michael Joseph, Esq.

I think it was 5-2, there was Commissioner Hsu and the vice mayor that voted against it. Yes. Yes.

3:54:19McKenzie Fleurimond

So now the, so she's, and I second it.

3:54:23Michael Joseph, Esq.

Now we vote to bring it back. Just to bring it back. All in favor say aye. Aye. Any opposed? Okay.

3:54:32Fortuna Smukler

I oppose. Oh, that's fine.

3:54:36Phyllis Smith

And now I'd like to make an amendment to that the requirement be North Miami Beach resident.

3:54:41Michael Joseph, Esq.

Do I have a second for North Miami Beach resident?

3:54:43Phyllis Smith

And Mr. Plotkin, it's a one year contract. It's a one year.

3:54:47Speaker 5

The contract is multiple years, but the funding is only one time. That's fine.

3:54:54Michael Joseph, Esq.

Okay. So, um, commissioner, um, Smith said, um, so hold on.

3:54:59 – 3:55:13Fortuna Smukler

So then if it's multiple years, then, um, I think somebody said there were six other six teams in total. All the other six teams will not have access to these parks now.

3:55:16 – 3:55:52Speaker 5

So there's six other organizations. I'm not saying they're specific to soccer, other sports, but there are six other organizations that rent from us. I'm not going to say they won't have access, but we shuffle, we challenge, we find space when we find space. Some of them might not be soccer and they're at MishCon. Some might be soccer and we move them over to Allen or Yulita. It just depends. I don't have that off the top of my head, but we'll do everything we can to accommodate as much as we can with the space that we have.

3:55:53 – 3:56:25Speaker 8

OK, so as I mentioned. Mayor, excuse me. I'm sorry to interrupt, but IT just notified the clerk. My previous answer to your question, my mic was not on. I apologize. The answer was that it was a 5 to 2 vote with Vice Mayor and Commissioner Hsu dissenting. Therefore, Commissioner Smith was on the prevailing side, and she was privileged to move for reconsideration. And then just for the record, to complete it, that motion was made by Commissioner Smith. It was seconded and voted on, passed. So the item is now back in front of you.

3:56:25 – 3:56:38Michael Joseph, Esq.

And just so we can get the amendment out of the way so we can vote. So we have a motion and a second on the amendment to say for North Miami residents exclusively, right?

3:56:39 – 3:57:01Speaker 5

All of it is waiting sorry, I apologize, Mister mayor, I didn't I don't want to vote and come back because I don't know if we ever got direction or if we want to give direction on how that money is spent whether it's a give them the check or have it be reimbursable I know that was brought up and I wanted to make sure that that was either can I consider or not this amendment first and then we'll work on that yes, sir.

3:57:02 – 3:57:16Michael Joseph, Esq.

All in favor on the amendment for exclusivity for enemy residents, all in favor say aye. Aye. Okay, now to your point, to the parks director's point, does anybody want to add any additional amendments based on what he said?

3:57:16 – 3:57:35McKenzie Fleurimond

I just want to be very clear as to the term of the agreement. The term of the agreement starts April 1st until September 30th. So what you're saying is the first successive two years is going to be approved by city staff? It doesn't have to come before us for that two-year period?

3:57:36McKenzie Fleurimond

Because it says the city. That's correct.

3:57:40Lynn Su

So six months for $52,000? Is that what we're talking about?

3:57:43Speaker 7

The first term is one year.

3:57:45McKenzie Fleurimond

No, no, okay, so what I'm saying is the term of the agreement, the usage of the facility is all I'm talking about right now. It says April 1 to September 30th.

3:57:55 – 3:58:13Speaker 5

Yes, I'm sorry, I'm sorry, Mr. Manager. That's just to get them to the fiscal year, because we like to do all our contracts starting October 1 through September 30th, so that was just getting them to the first year, but yes, the city manager extends the contract.

3:58:13 – 3:58:28McKenzie Fleurimond

So then there's four years subsequent to that. There's four years to two year terms followed by another two year term. What I'm asking is when you use the word the city, are you saying that staff is going to approve this? It doesn't have to come back to the commission. Correct.

3:58:28Phyllis Smith

OK, that's I just wanted to be clear on that.

3:58:35McKenzie Fleurimond

It doesn't come back to us for approval of that next two year term is what I'm.

3:58:42Phyllis Smith

Does it come back to us for the funds of the money from the...

3:58:47 – 3:59:01Phyllis Smith

No, it doesn't have to because it's under $50,000. It's $52,000. No, but it could be under 50,000 to keep the program going to 49 and it could be just a manager's call.

3:59:01 – 3:59:15McKenzie Fleurimond

All I was focused on was the facility use agreement. I just wanted to make sure this is not something that's coming back to the commission that the next two years followed by the following subsequent two years is totally up to management, not the commission. Correct. Thank you.

3:59:15 – 3:59:30Fortuna Smukler

And just like we've given exclusivity to the soccer, Boca people, now we're giving exclusivity to another group and little by little we're going to be giving exclusivities to all these groups and the little groups will not be able to do anything. Just saying.

3:59:30Michael Joseph, Esq.

All right. So regarding the payment issue, Parks Director.

3:59:35Lynn Su

I'd like to speak a little bit about this.

3:59:39Michael Joseph, Esq.

Oh, okay. No, I just, does anybody, so he, no.

3:59:43Lynn Su

About the payment, I understand.

3:59:44Michael Joseph, Esq.

You want to talk about that issue?

3:59:45Lynn Su

I want to talk about that, yes.

3:59:49 – 4:00:57Lynn Su

Okay, thank you. So, okay, I, like I said, I wanted to remind everyone that we have $70,000 and we're spending 52 on this. One sport, one group. And we have a coach here. We don't know whose program is better, but we're not even taking that into consideration. And whatever his students are, they pay their $100 or $50 for one time a week or $100 for two times a week, and then we just let it go. But this one, we're going to have it cannibalize every other program that maybe the parents like. And I'm saying that, I'm not saying that one is better than the other, but obviously, like, you know, I choose this blue, she chose another blue. Like, we have different likings. And we're not giving our residents a choice. We are now pigeonholing them, saying, you know what, here's a program, $52,000, the city's going to pay for it out of 70 grand. And we give the parents zero choice. Are we here for the residents, or are we here for...

4:01:00Jay Chernoff

We're giving them free soccer.

4:01:03Lynn Su

Right. What if the parents don't want to go to that program and they want to go to these programs? Exactly. But then they would have to pay. But we're giving free to people who want to go.

4:01:13Phyllis Smith

Commissioner Hsu.

4:01:13Lynn Su

Right. And then there are people who may not want to go.

4:01:16 – 4:03:09Phyllis Smith

Commissioner Hsu, if you listen to what we just went through for the last half hour, 45 minutes, it's not just a soccer program. That's the difference. It's a free program with education, with help wherever you may need it in your home, whatever help you need seven days a week, whereas the other soccer program that we heard, he absolutely may deserve some of the 18,000 we have left. Why not? But this is a full program, the way I understood it, that includes these children to make sure they graduate from high school, to make sure that their home life is secure, and to make sure that they develop as a upstanding person as an adult. And it's all free. And it's a one-year program. that the money happened to be found. If not, we were gonna probably give them $10,000. So they're getting an extra $32,000 or $42,000. And let's see what the one program does for a year. It obviously is gonna be very minority, financial minority people that are in a certain group that can't afford to send their children to anything. They can't afford the $100. Now, one man said he pays $50 and it's $100, so I don't know how he gets a discount, but it's $100 that he charges. The thing I don't want him punished, the thing that I want to make sure that staff understands, and I hope if we have to vote on it, staff, because we don't vote on things and it doesn't come through, But I want to make sure people that pay to use Allen Park are not thrown aside for a program that we're giving for free.

4:03:10 – 4:03:25Fortuna Smukler

So you know what? Then we should give the money to PAL because PAL makes sure the kids stay off the street. PAL gives the money. It'll be for free. Everything that you said, Commissioner Smith, PAL can do as well.

4:03:25 – 4:03:40Phyllis Smith

I asked the manager earlier. This is not new. I asked the manager to make sure they're prepared to tell me who else needs the money. I asked to make sure they tell me tonight who else needs the money. I'm suggesting Powell.

4:03:40 – 4:04:36Daniela Jean

Powell also received kids from all across. So Powell doesn't turn away any child. So they take kids from different neighboring cities. Each city has their own Powell, but every Powell doesn't turn away kids per se, meaning all... This program would be germane to North Miami Beach. Mr. Manager, I also wanted to ask about the developers that had offered profit for other projects and making sure that we can recover some of the other, I know there was 85,000, earmark for the library there was different things that we have yet to get back from from the promised the promises made so if the community development department can make an effort to recover so that if other commissioners and when other commissioners bring forth earmarks that we have because there is there are funds available and i want to ask mr manager while you're answering her question do we give pal 100 000

4:04:40 – 4:04:51Speaker 7

I'd have to, through the mayor to Commissioner Smith, I'd have to look into the budget item for the fiscal year 25-26 to see if that's. I'll call up the police chief.

4:04:59Speaker 23

Good evening, so the PAL budget for this fiscal year is $77,200. How many?

4:05:09Lynn Su

How many kids are in your Pound program?

4:05:11 – 4:05:28Speaker 23

I don't have it offhand, but we have several programs throughout the year of basketball, football, cheerleading, dance. So it's several programs. We charge the parents $50 for each program. And sometimes, in some cases, the parents can't afford it. We pay for them.

4:05:28Fortuna Smukler

Can we allow exclusivity there to say we have so much money that we can give only to NMB residents?

4:05:40Speaker 23

It's on a case-by-case basis.

4:05:42Fortuna Smukler

Right, but I'm saying we could do that, right?

4:05:45Speaker 23

We could do that, yes. Yes.

4:05:47 – 4:06:31Fortuna Smukler

All right. Well, I would like to give to PAL, because PAL is a wonderful organization that I know helps kids and keeps kids out of trouble. I don't, sorry Pat, I don't know anything about your organization. Nobody has reached out to me and I don't know anything about Mr., I don't know anything about, I don't even know much about soccer, period. But I know about PAL and I'd like to put my money where I know is safe and that I know is a good cause. So again, I'm not gonna vote for it because I think we need to share the wealth. And the love.

4:06:31Michael Joseph, Esq.

All right, so because of...

4:06:34Lynn Su

I understand. I mean, I'm proposing an amendment. How about we do 30 grand for this contract?

4:06:46Michael Joseph, Esq.

All right, so you, okay.

4:06:48Lynn Su

Yeah, I'm proposing like we get.

4:06:52Lynn Su

There's a motion on the table.

4:06:54Michael Joseph, Esq.

Well, there is, but like we have a current motion, but she wants to add an additional motion. Let's see if we'll be able to do that. So Commissioner Hsu has a motion. Do we have a second?

4:07:03Fortuna Smukler

So wait, before you. She wants to reduce the. And the rest goes where?

4:07:10Lynn Su

No, she just wants to reduce it. Just reduce it. Yeah, just reduce it. We could decide on.

4:07:13Michael Joseph, Esq.

Okay, so is there a motion and a second?

4:07:21Phyllis Smith

Mr. Centeno, Pat. How well could you operate the program on 30,000?

4:07:31Speaker 25

The question is, can we drop the amount?

4:07:34Phyllis Smith

There's a motion on the floor and a second to reduce the amount distributed to 30,000.

4:07:41 – 4:07:53Speaker 25

No, we couldn't do that. 52 would be the bare minimum, and we're probably going to have to raise a lot more money to add on top of that to make this a wonderful program that everybody in the whole city can be proud of, and it'll be a model for everybody.

4:07:54Michael Joseph, Esq.

Okay, so that's the standard. So that being said, let's vote on the amendment as presented. All in favor say aye.

4:08:03Jay Chernoff

Wait, wait, wait.

4:08:03Michael Joseph, Esq.

For reducing the amendment.

4:08:08Jay Chernoff

No, you haven't voted on the amendment.

4:08:09Michael Joseph, Esq.

Oh, on the amendment. Meaning that the reduction that's being proffered by Commissioner.

4:08:14Daniela Jean

I thought the amendment was to add the resident.

4:08:17 – 4:08:35Michael Joseph, Esq.

No, no, no, no, no. No, no, we're going to resolve this issue. No, we're going to resolve this issue. Okay, you get what I'm saying? So we have a motion by Commissioner Hsu seconded by Vice Mayor to reduce the amount of money that's going to be offered to this particular program. All right? All in favor say aye.

4:08:35Speaker 6

Aye. To reduce the money.

4:08:38 – 4:09:14Speaker 8

To $30,000. I'm going to restate it, please. There is currently a motion pending that says cost for $52,000 and some odd dollars. And it has been amended to limit it to North Miami Beach residents only. There is now an amendment to change a new amendment to change the allocation From the 52 and and change I think to $30,000 that's what that is the amendment before you okay?

4:09:14Michael Joseph, Esq.

That's what we're voting on just to be clear, okay? All right So we got a motion by Commissioner sue Do say

4:09:27Speaker 8

Mic is on. All in favor of reducing the amount, vote yes. All opposed to reducing the amount and leaving it at 52, vote no.

4:09:36 – 4:09:48Michael Joseph, Esq.

Okay, all in favor, as pointed by our city attorneys, say yes. Yes. Any opposed? Opposed. Now we go back to the amended.

4:09:48McKenzie Fleurimond

I have a motion as well, if you can consider that, Mr. Mayor.

4:09:52Michael Joseph, Esq.

Okay, what is that motion?

4:09:53 – 4:10:17McKenzie Fleurimond

On the term of the agreement. Okay. I believe that the subsequent two-year term after 2028 should come back before the commission. So I'm making a motion that that subsequent term comes back before the commission. Which term? The term that's supposed to start October 1, 2028.

4:10:20Michael Joseph, Esq.

Meaning that we're going from 20, 20, it's like on the second, are you saying on the second year?

4:10:24McKenzie Fleurimond

The second successive two-year term should come back before the commission.

4:10:27Phyllis Smith

I'll second that.

4:10:28Michael Joseph, Esq.

Okay. So we have, just on the, on the, on the, for, it's, I mean. This is the usage and not funding, right? Yeah, the use, like the term itself.

4:10:36Michael Joseph, Esq.

Because we're already taking care of one year. Right, so this would be for the usage part. It's the, it's the contract, it's the agreement itself coming back. All right. Wait a minute, wait a minute. Okay. Facility use agreement is what I'm for.

4:10:46Jay Chernoff

You want to, you want to go through all this

4:10:49McKenzie Fleurimond

No, because it's only about the facility usage. It's about the facility usage. The funding is only for that.

4:10:53Michael Joseph, Esq.

I understand what he's saying. He just wants to, like, he doesn't want to leave it in the ether. He wants to be able for it to come back. Okay.

4:10:58Phyllis Smith

That's a positive vote, is just to give it a try for one year and see what happens. One two-year period. One two-year period.

4:11:06Michael Joseph, Esq.

One two-year period.

4:11:07 – 4:11:19Phyllis Smith

It's one year of funding. That's it. Yes, because if we don't have any money, we don't have any money or if the system doesn't look good, it doesn't look good. So I'm voting yes to give it a one year try.

4:11:19 – 4:11:44McKenzie Fleurimond

Now, let's be very clear. Let's be very clear. Mr. Attorney, the funding is only for one year. Yes, the funding and the usage of the facility are two different items. Yes, that's. What I'm focused on now is the uses of the facility. That's what he's saying. So all I'm saying is in 2028, this comes back before the commission to decide whether or not they want to renew the facility use agreement with this organization.

4:11:44Michael Joseph, Esq.

All right. So we have a motion and a second on that particular amendment. All in favor say yay. Yes.

4:11:54 – 4:12:18Michael Joseph, Esq.

Any opposed? Yes. One opposed. All right now we're going to vote on them a minute and most on the amended motion for this resolution. So she said no.

4:12:19Daniela Jean

I said yes, I was supposed to say no right.

4:12:25 – 4:12:36Michael Joseph, Esq.

Yeah, yeah. Okay, so we're fine, you're fine? All right, so now we're gonna vote on the resolution as amended, right? So let's go over the amendments. Let's go over the amendments real quick. City Attorney.

4:12:42Lynn Su

Sorry, we also still need to pay about how we're gonna pay this. Are we gonna pay one lump sum or are we gonna have residents come in and get a voucher or whatever?

4:12:50Michael Joseph, Esq.

Can we leave it up to the managers? discretion to figure that out?

4:12:55 – 4:13:55Speaker 8

That would make more sense. The motion currently, Mayor, is to approve the facility use agreement to Little Haiti FC for a two-year period And as amended, there is a second two-year period that was agreed to. However, the amendment says that that now comes back to the commission for further consideration and effect. giving the commission the option to renew for the second two-year period. In addition, the funding, I think, is for one year, but the facility agreement is for two-year, and that is what's sometimes called, it's a two-year agreement, but only the first-year funding, and the rest is subject to budget and availability of funds. So that's what's before you.

4:13:56Michael Joseph, Esq.

and the fact that it's an exclusive to NMB.

4:14:00Speaker 8

So as. Only North Miami Beach residents, you're correct, man.

4:14:03Michael Joseph, Esq.

So. So we'll leave it to the manager's discretion to figure the payment model, right? Do we have to add that on there or it's already?

4:14:13Speaker 8

Unless there's a motion that dictates how that be done.

4:14:18 – 4:14:30McKenzie Fleurimond

It's a program that's just getting started. I would assume, Mr. Manager, if you have any other opinion, that we have agreed on the funding amount that we should provide that to the organization.

4:14:31Michael Joseph, Esq.

Yeah, so we'll leave it up to the manager's discretion.

4:14:33McKenzie Fleurimond

All right. Meaning? The full amount. That's what I'm saying.

4:14:37 – 4:14:50Michael Joseph, Esq.

Yes. Whatever that may be. Thank you. Okay. Is that fine? So as amended, all in favor say aye. Aye. Any opposed? Opposed. One opposed. Two opposed. Passes 5-2.

4:14:52 – 4:15:18Fortuna Smukler

All right. The next item is 11.6. Resolution number R2026-61, expressing disagreement and disapproval of resolution number R2022-33, censoring Commissioner Barbara Cramer. Second. Motion to introduce. Second.

4:15:20 – 4:15:54Speaker 8

Please note that there is a revised, slightly revised version of that that should be on your desks. Resolution number R2026-61, expressing disagreement and disapproval of resolution number R2022-33, Centering Commissioner Barbara Kramer, sponsored by Vice Mayor Smuckler, a resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, expressing disagreement and disapproval of resolution number R2022-33, providing for conflicts, providing for scrivener's errors, providing for severability, and providing for an effective date.

4:15:54Lynn Su

Motion to approve. Second.

4:15:56Fortuna Smukler

All right. Do we do public comment for this? No.

4:16:04 – 4:16:20Speaker 8

It's not an ordinance. Okay. It's not first reading. All right. I mean, anyone, just for the record, anyone with a comment that's been on the agenda, notwithstanding some very slight adjustments in the language, anyone that wanted to be heard about it could have certainly done so during public comment.

4:16:20 – 4:16:31Fortuna Smukler

Okay. All right. Does anybody on the dais want to speak about it? Okay, so does anybody on the dais want to speak about it?

4:16:31McKenzie Fleurimond

So there's no public comment on this?

4:16:34 – 4:16:49Speaker 8

Again, for the record, there was an opportunity for public comment during the public comment section of the agenda. This isn't first reading of an ordinance or a public hearing, but anybody who wanted to be heard had that opportunity.

4:16:52 – 4:18:00McKenzie Fleurimond

I have a comment on this you know um so in pre and a couple years ago I was one of the people who voted to to censure Commissioner Kramer and you know one of the reasons that I'm gonna support this item is because I feel like our community really needs to head in a different direction I believe that In hearing Commissioner Kramer's comments over the past couple of years, one of the things that she's made clear is that if she offended anyone, she has apologized. She's done that several times. Even a couple of weeks ago, she made that clear. So I believe that that is a good faith statement that she's made that did not dismiss the feelings of those who may have felt offended at that time, and I could appreciate that. So I think an effort to really move our community forward, it's something that I'm willing to support today. And also as far as the process and procedure that we spoke about in our previous commission meeting, that's another reason why I'm willing to support this. Thank you.

4:18:02Fortuna Smukler

All right, thank you. Anyone else would like to speak? No, okay. To place a vote?

4:18:09Speaker 18

Yes, it's a voice vote.

4:18:11 – 4:18:52Fortuna Smukler

Okay, so all in favor? Aye. Any opposed? Passes six, zero. All right, the next item is 11.7. Right on cue. Resolution number R2026-62, expressing the desire of the City Commission to reprimand Mayor Michael Joseph for not reimbursing the City of North Miami Beach for the sum of $3,001.90 related to the travel upgrade. Motion to introduce. Second.

4:18:54 – 4:19:58Speaker 8

Item 11.7. Resolution number R2026-62, expressing the desire of the City Commission to reprimand Mayor Michael Joseph for not reimbursing the City of North Miami Beach for the sum of $3,001.90 related to a travel upgrade sponsored by Vice Mayor Smucker. A resolution of the Mayor and City Commission of the City of North Miami Beach, Florida expressing the desire of the City Commission to reprimand Mayor Michael Joseph for not reimbursing the City of North Miami Beach for the sum of $3,001.90 related to a travel upgrade for Mayor Michael Joseph's travel for his september 14th through 19th 2025 trip to japan for a sister cities international program providing for conflicts providing for scrivener's errors providing for severability and providing for an effective date sponsored by vice mayor smuggler all right so

4:19:59 – 4:20:35Fortuna Smukler

I brought this forward because the city has been asking the mayor for, and I'm gonna round it up by 10 cents, for $3,002. for a travel upgrade that that was never approved when the trip to Japan was approved or It is not something that the city has ever done at least to my knowledge has ever done in the past so Mayor Joseph are you going to pay this back or is this?

4:20:35 – 4:21:26Michael Joseph, Esq.

The the requests was made on the 1st of April, and then you made this resolution for today. It was for 30 business days. This is relating to that OGLO investigation. I gave that initial request to my attorney. who then says this can have further implications. My attorney responded with saying we can put the money in escrow because of my due process rights. And I said, hey, no problem. I have no problem putting the money in escrow because I have no issues with that. But what I don't want is to make it seem like I'm admitting to something that I know I didn't do. And that's my only issue. Because the letter went out on the 1st, and it said 30 days. And now it's saying that, this resolution is saying I refuse to pay, but that hasn't even happened.

4:21:28Lynn Su

Madam Vice Mayor, is the gavel with you right now? Because this issue is concerning the mayor.

4:21:34Fortuna Smukler

Okay, so I think it's better that I keep the gavel?

4:21:37Michael Joseph, Esq.

Yeah. I'm not, it's... I'm not gonna hand the gavel over.

4:21:43Speaker 8

Please be in order.

4:21:45Michael Joseph, Esq.

Excuse me, please be in order.

4:21:46Lynn Su

Well, I mean, because the mayor is the subject of this.

4:21:51Michael Joseph, Esq.

But no, I'm just, I need to explain, because at the end of the day, the letter said 30 business days. It was issued on the first.

4:22:00Fortuna Smukler

Right, but you were also asked prior.

4:22:04Fortuna Smukler

You were never asked by an employee to?

4:22:05Michael Joseph, Esq.

No, no, I was not, no.

4:22:19Fortuna Smukler

My question is, was he ever asked verbally by an employee, by anyone in City of North Miami Beach to pay it back?

4:22:31 – 4:23:17Fortuna Smukler

All right. The point is that we shouldn't have to ask you. You should just pay it back, and I don't think it needs to go into escrow, and I don't think it matters that this is an issue of the investigation or not. Regardless, doesn't matter the outcome. The money still needs to come back to us. Doesn't matter if the outcome says you're amazing. It doesn't matter if the outcome says you're awful. Either way, the money belongs to the city of North Miami Beach. And I'm not sure why, should we put an escrow? Should it just be paid to us? Either way, the money is ours, that's it.

4:23:21Michael Joseph, Esq.

Commissioner Smith, and I'll go to Commissioner Turner. Commissioner Smith.

4:23:27 – 4:23:54Phyllis Smith

OK. Well, Mr. Mayor, I read it the same way. You have 30 days, and 30 days are not. However, Mr. Mayor, Mr. Attorney, I've been told by many people that it is a state law, maybe federal even, and it's in our charter, that when you travel, you have to travel the least expensive way. Is that a truth?

4:23:56 – 4:24:14Speaker 8

That's oversimplified. I don't find it as clear as that, but that's... not really for me to decide. It's not a decision that I'm authorized to make.

4:24:14 – 4:25:59Phyllis Smith

I recognize you are a city attorney, but the people I've spoken to have told me that is quite clear, and it is the law. What I find to be unsettling, even though you have 30 days, what I find to be unsettling is you hear the rumble, you're not deaf, you have been out in the public, you hear the rumble of the disdain of spending $3,000, not 30, not 300, 3000 on quite a luxury. If that's the case, What are we waiting for? I understand what your attorney wrote. I know how to read. And I understand that he said, well, put it in escrow. You still have to go through your right to investigation. At the same time, whatever the investigation says, if it's the law... which you're an attorney, you can check and see if it's the law, that you cannot spend more than the least expensive way on a government trip, and you did, whether it was approved, you can't make somebody, which we'll never know, I'm not accusing you, we'll never know if somebody that put a stamp on their name, not signed it, felt their job was in jeopardy if they didn't put that stamp. We'll never know that. but now you'll know the law, because you're an attorney, and you'll recognize that that was something that maybe you shouldn't have done, and the public definitely thinks you shouldn't have done. Pay it, just pay it, and let's be done with this conversation.

4:26:01 – 4:27:10Fortuna Smukler

Yeah, and I just wanna add that a few years ago, the city paid for a flight for me, and coming back, I wasn't feeling well, and it turned out that I had COVID, and unknowingly, I got on a plane with COVID. but I wasn't feeling well and I upgraded it and it was like 70, I think it was $75, 50 or $75. And because it was like on the app, it wasn't letting me change the credit card, it was the city's credit card, so I paid it with the city's credit card to $75. Without anyone asking me, I gave a check. And I'm saying 75 maybe was 50, I don't wanna be accused of lying, it was something around that much money. Without anyone asking me, I gave that check to the city. I'm assured that I probably would have gotten away with it. I don't even think anybody would have ever asked me for it, but still, it's not the right thing. It was only $75, but I paid that money back without being asked. So there's a big difference between 75 and 3,000.

4:27:12 – 4:29:23Michael Joseph, Esq.

To clarify, and I want to give you a historical background of how this happened. The trip was paid up in July for the standard. It was paid initially with the, they made the arrangements through finance. They made that arrangement through finance. I myself use my Amex card to pay for the upgrade because of the long house, 14 plus hours or whatever, between Atlanta and Seoul. I'm just telling, I pay that up front. So it goes to the end of the fiscal year, around November, October. They said, Mr. Mayor, we still haven't gotten your receipts from Japan. Can you provide that? I'm like, I have these receipts. Mind you, have I already paid for everything or what have you? And then they say, well, these are receipts. Then finance tells my aide, Basically saying like because it's a 14 hour plus flight. You can possibly get this reimburse I'm like whatever you guys here's the receipts and what have you I get reimbursed It's not to say that I will I charge a city card or I charge it back. I Back in July on the city card that never happened. I paid something I found out that apparently there were rumblings that people were pissed off about it after the fact and and then saying that it was a criminal or could be considered ethically, could be considered an ethical breach. I get a letter on the first of April saying, hey, we want this. Before then, I never got any type of demand from staff saying give this money back. I gave that letter to my attorney because I don't want to admit or infringe on my due process rights. At the same time, at the same time, I have no issues. Let me be very clear. I have no issues paying, but what this says is that I'm being reprimanded for something that I didn't intently do to defraud or do anything wrong. That's the issue for me. It's not saying, hey, Mr. Mayor, we would like you to pay this money back. Could you do that? It doesn't say that. It says I'm being reprimanded, making it seem like I did something wrong.

4:29:23 – 4:29:37Fortuna Smukler

Okay, so excuse me, I'm sorry. I also want to, wait, wait, I just need to ask the manager before we continue. Mr. Manager, was he asked prior to April 1st, was he asked to give back the money?

4:29:38Speaker 7

Not to my knowledge. The procurement office stated that someone, but she's not sure. Nobody told me. Who?

4:29:48Fortuna Smukler

Say that again, I'm sorry, say that again.

4:29:50Speaker 7

The procurement office said that she's not sure who reached out.

4:29:56Fortuna Smukler

That someone reached out.

4:29:59Fortuna Smukler

But we don't know.

4:30:00Michael Joseph, Esq.

Correct. I'm saying nobody reached out to me. Well, he would know if somebody reached out to him. Nobody reached out to me.

4:30:08Lynn Su

Mr. Mayor. Yes. I did. Wait, I'm sorry. No, I was. I did, I reached out to you. You've already had your first bite. I have not. No, Jay hasn't spoken. My apologies. I want to be next.

4:30:19 – 4:30:49Jay Chernoff

We, as commissioners and mayor, know the policy of travel. And the policy of travel is to travel the middle, what it coach, whatever it's called, not in first class, not those kind of upgrades. You paid it out of your pocket, understand, but then you let them ask for it to be reimbursed. You should have said no. You know it was wrong.

4:30:49Michael Joseph, Esq.

But to be clear, they gave me, I never even knew this existed. This is what they told me. They showed me the CFR saying it was 14 plus hours on a flight.

4:31:01Speaker 8

Can we have order from the audience, please? The commission is debating this. There's not public comment here. Please be in order.

4:31:12 – 4:31:53Michael Joseph, Esq.

I was told that because of the 14 hour, and you can pretty much Google this, because the county does this, people that use GSA does this, say if it's 14 plus hours, then yes, you can get that particular upgrade reimbursed, and that's why it happened. Because there's been, I've submitted invoices that are going back six months, I haven't gotten paid back, because I don't use the city card for anything. I pay up front and I get reimbursed. However, if the city were to say, hey, you know what, it's the will of commission, Mr. Mayor, just pay it back. Without reprimand, I have no issue with that, but this is reprimand, it's saying that I did something wrong.

4:31:54 – 4:32:08Jay Chernoff

That's my only issue. But technically, you have. But how? I didn't. I'm not paying it back. I wasn't. No, no, stop. OK. You did it in July. And now we're in April.

4:32:08Michael Joseph, Esq.

They paid it in December 1st.

4:32:11 – 4:32:30Jay Chernoff

I don't care when they paid it. And they asked me for. No, no. It's wrong no matter what. So you should have not let them pay it and pay you back. That's what I'm saying. Because you knew that it was an upgrade to first class, which we don't pay for first class.

4:32:30Michael Joseph, Esq.

We don't get reimbursed for first class. It wasn't first class.

4:32:34Michael Joseph, Esq.

It was business class.

4:32:35 – 4:32:54Fortuna Smukler

But still, I went on business. Business is... amazing okay like you like you have a bed all right like you have all the food you want so it's definitely you notice that it's an upgrade my like can i say one thing please

4:32:55 – 4:33:16Michael Joseph, Esq.

If the issue is for me to write a check to reimburse the city, I have no problem doing that. What I don't want, because you cannot hold me in saying I did something wrong after the fact, because it went through five levels of approvals, and then I got a letter. I got the letter on the 1st of April, and we're on the 21st. It said 30 business days.

4:33:16Phyllis Smith

But what's wrong is you still haven't paid it back. Guess what? You're putting in an escrow that's still not paying it back.

4:33:21 – 4:33:32Michael Joseph, Esq.

No, I'm not saying that. I said that if the will of the commission is to say, hey, pay the money without the reprimand, as it were, I have no issue doing that.

4:33:32Phyllis Smith

I make a motion. Can I speak, please? I'm on the microphone. I make a motion that we...

4:33:41 – 4:35:51Lynn Su

Thank you so much. I've been raising my hand over and over. Thank you. Listen, I checked all the classes, the fair classes of your flight that was originally purchased through Delta. All of that was premium economy already. That means it is... It leans farther. There's more leg room. It tilts, you know, back further. There's economy, there's comfort plus, and there's premium economy. So your class purchased originally was already there. So when you talk about the distance and the time that it takes to go to Japan, I have been traveling back and forth from Asia since I was the age of... Three years old. So I'm over 54. So that's a long time traveling back and forth from Asia. So I understand the distance and the time. I understand your height, the demand for leg room, whatnot. Premium economy is plenty, and I think that that is what we would be willing to pay for, meaning as a city, I'm not the only one who approved it. Originally, I didn't even want to approve this trip, period, because what I found was we don't have a new sister city. We don't know what the mayor did when he was in Japan that the taxpayers are paying for, a total of like over $9,000, and I'd like to know what that money had done and what had it had produced for the residents but you know what the topic is not that i think that premium economy was plenty comfortable for a trip to japan and i think that this three thousand dollars should have not been put in for reimbursement from the in the first place whether it be business or first i don't care it's it's excessive luxury and traveling under the taxpayer dime. And that's what I'm requesting that we, I agree with this. I also agree with reprimand, but I don't know if we don't reprimand whether we would get the same response. That would be my question. But that's my comment, thank you.

4:35:51 – 4:36:03Jay Chernoff

Michael? When the agenda came out, which was Thursday, You should have put this thing behind you and paid it right then and there. And that's where I see the problem is.

4:36:03Michael Joseph, Esq.

The state attorney has this.

4:36:05Fortuna Smukler

It doesn't matter.

4:36:12Fortuna Smukler

On the contrary, you know if you paid it, you would look like a mensch. You would look good.

4:36:18 – 4:37:09Michael Joseph, Esq.

I have no, as I pointed out, I have no issue paying for it. I paid for it initially. What I don't want is for me to be considered to be admitting to a crime because basically what that report says is that I committed some type of fraud or I put some undue influence to somebody in approving it. It's not a crime. No, that's not how it was explained by my counsel. I have no issue doing that. When I first got it on the... Actually, when I first got the letter on the second, technically, because it was issued on the first, I got it on the second. I gave it to counsel or whatever. He said, let me issue a response. Gave that option, right? It's only been, what, like... And today's the day.

4:37:10Phyllis Smith

So are you paying before the end of the month?

4:37:12Michael Joseph, Esq.

Yeah, I have no issue doing that.

4:37:14Phyllis Smith

Okay, so the question is, are you going to pay before the end of the month?

4:37:18Michael Joseph, Esq.

No, I'm not saying that.

4:37:21Phyllis Smith

No, that's what I'm asking. I'm asking if I would pay it.

4:37:24Michael Joseph, Esq.

Okay. But I don't want to be reprimanded.

4:37:26 – 4:37:38Phyllis Smith

We understand what you want. Now the question is the $3,000 being paid back to the city. Yes. Are you going to pay, you were asked on April 1st with the 30-day window, are you going to pay it by the 30th day?

4:37:39Michael Joseph, Esq.

I'll pay it by the 30 days listed on the agreement. I have no issue with that.

4:37:43Fortuna Smukler

Without escrow. Without escrow. And if you don't pay it?

4:37:49Michael Joseph, Esq.

You guys can, that's me lying.

4:37:55Michael Joseph, Esq.

That's it. Thank you.

4:37:56Phyllis Smith

Now, the public and the rest of us, we know that within nine days, the money's going to be back to the city.

4:38:14Fortuna Smukler

Don't we have to, like, close this or vote? Okay. Okay.

4:38:23Jay Chernoff

Okay. Motion to take. Motion to take.

4:38:26 – 4:38:37Michael Joseph, Esq.

Okay, wait, wait. Can we clarify? All right. Based on the terms, based on the request of the letter, right, based on the request of the letter, I'll pay it before the expiration of the date. You get what I'm saying?

4:38:37McKenzie Fleurimond

You'll have to pay it tomorrow. And so because of that, Commissioner Turnoff, you made a motion?

4:38:42Lynn Su

No. Table. Second.

4:38:44Michael Joseph, Esq.

All in favor say aye. Aye.

4:38:46Michael Joseph, Esq.

Wait, table or different table?

4:38:52Jay Chernoff

What table is deferring it till next week?

4:38:54Speaker 8

Okay, to be clear. If your intent is to put it off one meeting that is a motion to defer to a time certain.

4:39:01Michael Joseph, Esq.

Table, I'm paying to the term.

4:39:04Speaker 8

Technically, it's a motion to defer to a time certain, as I said earlier in the meeting.

4:39:09Phyllis Smith

He already said he's paying it. Why are you beating him over the head? No, we're not.

4:39:13Lynn Su

And then if he doesn't, when the mayor, Commissioner Smith...

4:39:19Speaker 8

A motion to table vote can be taken off the table at any time by a vote.

4:39:24Lynn Su

There you go.

4:39:25Speaker 8

You know, it could be a motion to table.

4:39:28Lynn Su

The point is, if the mayor happens to not pay, then it will be brought up. If he does, then Commissioner, I mean, Vice Mayor Smuggler could just pull it.

4:39:39Michael Joseph, Esq.

I do have a, I do, okay.

4:39:43McKenzie Fleurimond

Something could be on the table, Mr. Mayor, with all due respect. Something could be on the table. If you table something, it doesn't mean it has to come back.

4:39:50 – 4:40:04Speaker 8

It doesn't have to come back. That's what we just did. We tabled it. It can be taken off the table at any time. It's a motion. Right. Technically, it's called a motion to lay on the table, and then the reverse is a motion to take from the table.

4:40:04McKenzie Fleurimond

And you can do that at any time. At any time. So that's what we just tabled this item. Yes, that was what we did. Thank you. You were going to say something?

4:40:11 – 4:40:44Michael Joseph, Esq.

No, I was just trying to, well, one thing I would ask is that I've been, outside of this issue, now that we're moving on, because I want to add, I have another issue, okay, and that the commission has real power in allowing this. I've been having real problems with getting the documents attached to this report. Algo Group is refusing to release those documents, not just to me, but to the state attorney. I'm asking, can we allow them to get those documents?

4:40:44Fortuna Smukler

No, because it's being investigated by the state attorney's office.

4:40:51 – 4:41:34Michael Joseph, Esq.

No, no, but what I'm saying is that there's email correspondence that the state attorney, right, and I don't know if you guys have received a copy of that, that they have not received the cache, the supporting documents attached to the report. They have not. When my attorney said, hey, we have a copy of this from the state attorney, this correspondent saying that we never received this or what have you, and there's no state statute or anything that precludes you from releasing this, when that was pointed out to the Agla Group, they said, no, it's up to the city commission, and it's my advice that it doesn't get released.

4:41:36Speaker 7

To the mayor, I'm on correspondence where they're confirming, they're asking the state attorney's office to confirm receipt of the materials.

4:41:46 – 4:41:59Michael Joseph, Esq.

I'm telling you, I've never seen that. All I've seen is that the email correspondence from Tim Van Der Giesen. the person in charge of public corruption? Yes. Saying that we've never received the supporting documentation attached to the...

4:41:59Speaker 7

I'm not on that correspondence.

4:42:02Michael Joseph, Esq.

I can forward that on to you tomorrow.

4:42:05Michael Joseph, Esq.

And you'll see for yourself that they're refusing to release it. And if you're telling me that...

4:42:11 – 4:42:23Speaker 7

And furthermore, one correspondence where they're saying that not only do they whether or not confirm it, they haven't, but they're saying that they're also forwarding it to the sheriff's office as well.

4:42:23 – 4:42:40Michael Joseph, Esq.

But they but that hasn't that hasn't been done. Because to be clear, if you look at the transmittal of the report, the initial report, I was the one that gave the report. It was never submitted by Aglo Group or Algo Group at all.

4:42:42Speaker 7

That's not my understanding based on the correspondence that I've been caught.

4:42:45Michael Joseph, Esq.

But what I'm saying is that I guess you can get clarification. Yes, sir. Because if that's the case, then the material should be released, right? Correct me if I'm wrong?

4:42:52 – 4:43:05Speaker 7

My understanding that was explained to me, well, it wasn't explained to me, the correspondence that I'm on between the state attorney's office and ALGO is that this is a criminal case, and so the materials are not subject to public records request.

4:43:05 – 4:43:20Michael Joseph, Esq.

And the state attorney's saying, state attorney has correspondence to that, responded to that saying that's not the case. They're saying that it's not. So you have correspondence contrary? From Tim Van Der Giesen himself. Okay. Saying that is not the case.

4:43:21 – 4:43:55Speaker 8

I hate to stick my nose into this, frankly, but there is a way to harmonize those two viewpoints without regard to the specific facts. There simply could be, without regard to whether it's public record, there could be, based on correspondence, a decision where the commission votes to authorize the release of those documents to the state attorney's office.

4:43:56 – 4:44:17Speaker 7

That's already been done through the mayor to the city attorney that's in the resolution. It actually directs them to do so. But they never. To release the. It directs them to submit all documents, all of their investigative materials, not only to the state attorney's office, but the Florida Commission on Ethics.

4:44:18Speaker 8

If that's what it says, and I don't recall that language, but if it says all documents, then you're correct. Then it does not need anything further.

4:44:25Speaker 7

So if they haven't submitted, they're actually in violation of the resolution. They haven't, they... Without regard to factual...

4:44:36 – 4:44:55Speaker 8

Without regard to a factual issue that cannot be resolved sitting here. I don't recall it as clearly, but if the city manager is correct, and if it says that they are to release all documents to the state attorney's office, nothing further needs to be done. That's correct, Mr. Mayor.

4:44:55Michael Joseph, Esq.

So if that clarification is sufficient enough, I guess you guys will let Algo to do that tomorrow.

4:45:02 – 4:45:14Speaker 7

That's all I'm asking. Yes, based on what the mayor is saying through the mayor to the city attorney, it is then incumbent upon my office to reach out to Algo Law Firm to see if they're in compliance with the commission's resolution.

4:45:15Speaker 8

That's all I'm asking. That's what the resolution said originally. They should have complied with it. And yes, sir, I agree with what you said.

4:45:23Fortuna Smukler

You see, he doesn't bite.

4:45:25Speaker 8

And that's without regard to any email correspondence from anybody to anybody. If it's in the original resolution, the city manager is correct.

4:45:35 – 4:45:58Michael Joseph, Esq.

Yeah, so just on my own, for my own clarification moving forward, right? So all the supporting documents, everything that's attached to this report, because they said they had stuff sealed somewhere, will be transmitted, or will be told to Algo Group to release forthwith, right? Is that to your clarification, city attorney?

4:46:01 – 4:46:22Speaker 8

The manager apparently has more clear recollection than me of what the reso said, presuming that he is correct, and I always presume he is, then yes, as he said, you can follow up and make sure that what you already voted has been complied with by your contractor.

4:46:22 – 4:46:34Fortuna Smukler

Okay, can we move forward, because we can't even vote on this as commissioners, so you can speak to him, he doesn't bite, No, no, no. You see how he's even on your side on this?

4:46:34Michael Joseph, Esq.

No, no, no, Vice Mayor, I'm not saying, I'm just saying. I'm just glad that I got that clarification and that it's clear and that they're gonna release it.

4:46:41Fortuna Smukler

But you should also be able to talk to him in person about it. There's nothing, he doesn't bite and he doesn't, he's a good person.

4:46:50Speaker 18

I never said he, I never.

4:46:51Fortuna Smukler

No, I know, but you still haven't met with him and you should, that's all I'm gonna say. Can we move forward to the next resolution, please? Motion to introduce.

4:47:00Michael Joseph, Esq.

11.8. Is there a second?

4:47:09 – 4:47:53Speaker 8

Item 11.8, resolution number R2026-63, approving a purchase order for Trenchless Rehabilitation Services through a piggyback contract with In-Situ Forum Technologies LLC, sponsored by the City Manager. Resolution of the Mayor and City Commission of the City of North Miami Beach, Florida, approving purchase order for Trenchless Rehabilitation Services through a piggyback contract with In-Situ Form Technologies, LLC, and in a budgeted amount not to exceed $1,498,335. Authorizing the city manager to designate all things necessary to effectuate this resolution, providing for conflicts, providing for scriveners errors, providing for severability, and providing for an effective date sponsored by the city manager.

4:47:58Michael Joseph, Esq.

Any discussion on this item?

4:48:00Phyllis Smith

Move to approve.

4:48:02 – 4:48:46Phyllis Smith

I just wanted one question. The manager and I went over it, but on one page it says that it's for inspection, whereas the North Miami Beach Water Department desires to have CCTV inspection services performed to assess the condition of the sewer lines. And then on the next page, it says to purchase for 1.498.35,000. My question is, how did they know it was going to be $1.5 million if they haven't inspected it yet? So the manager is saying, and maybe I misinterpreted it, that it's up to 1.5 million. I just don't know if I'm understanding it.

4:48:46Jay Chernoff

It says not to exceed.

4:48:48Jay Chernoff

It says not to exceed.

4:48:50Phyllis Smith

No, I know. But why didn't they go to 3 million? They haven't inspected it yet. How did they know to stop it at 1.4 million, 1.5 million? That was my question. How does it work?

4:49:01Speaker 7

through the mayor to Commissioner Smith. It's actually, that's the service. This is an inspection service. That's what CCTV is.

4:49:10Phyllis Smith

So I just want to understand what I'm voting for. So it's only for the service? The $1.49 million is only for the service?

4:49:16Speaker 7

That's my understanding, correct.

4:49:18Phyllis Smith

I'm at it. I'm at it. You can answer it. So it's not for repairs?

4:49:22 – 4:49:34Speaker 7

I believe the interim public works director is taking ill. Oh, this is public. Okay, so we can invite the public utilities up to give further clarification. I just want to make it clear what we're voting on.

4:49:35 – 4:50:34Speaker 1

Good evening, Mayor and Commission, through the manager. This is not only service, just for the clarification, it's itemized proposal. On the attachment on the backup, there is a proposal from the vendor that we're going to do the sewer lining, about 13,000 linear feet of lining work. and over 100,000 linear feet of inspection and cleaning on the pipe. So we identify up to 13,000 linear feet now to do the sewer lining with trenchless technology and then the rest will be allocated to CCTV and inspect and clean the rest of the sewer pipeline And if they identify further deficiency due to the age of the infrastructure, as we propose to you all in the budget cycle, in upcoming cycle budget, we will present that for the next year to continue this program to inspect and repair our sewer pipeline.

4:50:35Phyllis Smith

So they've already done some inspection. They know that they have to have certain.

4:50:39 – 4:50:58Speaker 1

The $13,000 that's been identified is through a staff by condition assessment that we have and the data that we have. We identified the critical needs for repair. The rest, we're going through the inspection to do cleaning. If we identify further issue, then we will allocate money for the lining.

4:50:58Phyllis Smith

I got it. Thank you for clarifying that.

4:51:00 – 4:52:03Speaker 8

Through the mayor, this is a technology called CIP cured in place. The reason it is trenchless is that when these lines become broken or leak or something like that, they can detect that there is a leak because water is being lost when it flows through. And what they do is they put a liner inside the pipe and heat it. And then instead of having to dig up the pipe have the streets all torn up and have tremendous delay and expense. You just heat this inside, and it provides a new, safer, clean way for the technology, for the water and other things to run through these pipes. That's what this is. And they identify the deficiencies through a number of ways. but it has to be confirmed by the closed circuit TV because till then you're really mostly, I wouldn't say guessing, but surmising is a better word.

4:52:05Michael Joseph, Esq.

All right, so all in favor say aye. Aye. All right, next item is... That concludes legislative.

4:52:14Speaker 8

You move to item 13, Mayor.

4:52:17 – 4:52:28Michael Joseph, Esq.

Can we do... Motion to appoint. Can we do the appointment size collectives? Sure. Move to do all the appointments together. Through acclamation, right?

4:52:29Michael Joseph, Esq.

All in favor say aye. Aye. 15.1 was deferred. 15.2 by . Okay.

4:52:37 – 4:53:09Fortuna Smukler

Thank you so much. So I have so many questions about what happened with this contract. And Mr. Manager, are you the one going to be answering my questions or? Okay, so basically it's who, what, when, where, why, and how, okay? But I didn't make notes, so I'm going to start. Was there a circumvention of the city's purchasing authority and procurement process?

4:53:10Speaker 7

Give me just a moment. Let me review the notes I have.

4:53:17 – 4:53:44Speaker 7

Yes. Yes. do we know like why like i have a note here that in april 2025 the chief of staff marlene monestine presented a proposal from figures communications uh to city manager mario diaz and city attorney greenspoon martyr with the request to place the item on the april 2025 commission agenda at the direction of the mayor at that time no formal procurement process had been completed

4:53:48Fortuna Smukler

Do you, well, I don't think you were here, but at least from feedback, were we happy with Code Red?

4:53:57 – 4:54:24Speaker 7

I mean, Code Red is very common and utilized in many, many cities. It's utilized in the former city, so we had, you know, it does have some challenges, but I think the reality is is that texting, for those that are in this space, has come like a commodity. It's like salt. Whether you're gonna, whatever brand salt you're purchasing is gonna be about the same price because of the commonality of it.

4:54:24Fortuna Smukler

Right, but do you know if we as a city were happy with, I mean, just because they're commonly used?

4:54:31Speaker 7

I have received no, I did ask the chief, the IT director, did we have any challenges with Code Red, and he said no.

4:54:41 – 4:56:02Fortuna Smukler

Okay, so we were happy and paying $12,000 a year, and then we went to another company For four times the amount... Actually more, because we were told it was 48,000, but it was actually more than that. It was, where did I write that down? Let me find it. 52,000. 52,000. Okay, so the effective date was upon execution, which was July 25th, 2025, and will remain in effect through September 30, 2026, which is 14 months and six days. And, um, that comes out to a little over $4,000. Yeah. Cause it's 56,800. So I did the math and that comes out to a little over $4,000 a month. So, um, wow. So a no-bid contract of more than $50,000 is a violation of section, of chapter three, section 3.3.14 of the city's code of ordinances. right.

4:56:03 – 4:56:21Speaker 7

That's correct. However, I do need to make a clarification. That payment was over two fiscal years, so I had to bring procurement up, but that might have been permissible if a portion was paid in one fiscal year and another portion was paid in another fiscal year. So I asked the procurement officer to come up because that might have been a permissible payout.

4:56:23 – 4:56:45Speaker 16

Good evening. Yes, manager. That is correct. So this started at the end of fiscal year 25 and that was for the $4,000 per month, totaling $8,000 total for that fiscal year. We went into the next fiscal year that we're currently in for the year $4,000 a month, including the 14 months.

4:56:46 – 4:57:11Fortuna Smukler

Okay. And we paid this check or a P card? This is paid check. A check. Okay, was not a P card. It was never a P card. Okay. So why did we switch? Why did we go from paying 12,000 a year to 48,000 a year.

4:57:11 – 4:57:25Speaker 7

I'll answer. In July 2025, interim assistant city manager Marlee Monestine submitted a request to procurement for the implementation of a pilot text messaging program. That was the initiation of the switch.

4:57:28 – 4:57:52Fortuna Smukler

Okay, so I just wanna clarify, just because, We spend it in two fiscal years, but when we voted for it, actually we never voted for it. So when you got the contract, it was for over $50,000, but it was divided into two fiscal years, the payment, is that what you're saying?

4:57:57 – 4:58:30Speaker 7

Yes, so there was an initial period for four months that covered... One fiscal year. Correct. Calendar year, I believe. Yes. Calendar year. And at the initiation of a new calendar year in January, and this is an interpretation of our procurement code, it was permissible to start paying this. This contractor can now get another up to $50,000 under the manager's threshold.

4:58:30Fortuna Smukler

Right, because the first four months were like $16,000. First two months. Two months was $8,000.

4:58:39 – 4:58:55Fortuna Smukler

And then the next year was? $48,000. $48,000. Which we're still in, which we have not paid out completely. Okay. All right, does anybody have any questions in the meantime? Because I have more, but I want to.

4:58:56Phyllis Smith

Through the mayor. I just have one question, sorry. Have they been performing?

4:59:03 – 4:59:59Speaker 7

So that's a response for my office and also for the IT department and also for communications. Communications is not satisfied with the engagement that they have received from this vendor. My office, once I came on board, I reached out to the vendor because I was told that IT had not had any engagement. Communications was not happy with the engagement they had, so I reached out to the vendor to try to activate the service or bring the service forward. I did not get a response from them until they responded to the entire commission and I was copied on it. Once they responded to the entire commission, then they said that they would meet with me because I requested a meeting with them. Subsequently, my executive assistants has tried to schedule a meeting to no avail.

5:00:02 – 5:00:16Phyllis Smith

When did we reach out to find out about their service? How many months went past that IT wasn't satisfied with the service, and then we reached out? How many months?

5:00:16Speaker 7

So according to a review of the email exchanges, and that doesn't take any phone calls, there's been no communication with the firm since October of last year.

5:00:28Phyllis Smith

And we're paying?

5:00:29Speaker 7

And we're paying them? Correct.

5:00:32Phyllis Smith

For doing nothing?

5:00:35 – 5:00:46Speaker 7

According to the email response that they provided to the commission and the email response that was provided to me subsequently, they've been doing the background work to set the system up and it should be ready to go.

5:00:47Phyllis Smith

And is that typical? How long a company takes for background work?

5:00:56 – 5:01:13Fortuna Smukler

All right, I have some more questions, but if somebody else, okay. So why did we switch from Code Red to this other company? Is the company called Figures? What is it called?

5:01:13Speaker 7

Figures Communication.

5:01:14Fortuna Smukler

Figures Communication. Why did we switch from Code Red to Figures Communication?

5:01:20Speaker 7

The only notes that I have is a direction from the Interim Assistancy Manager, Marlene Monestine.

5:01:28 – 5:01:39Fortuna Smukler

And do we, were we, I mean, were we, I mean, you said we were happy with Code Red, but like, were we unhappy? Were we looking or, I mean, I know I just asked.

5:01:39Speaker 7

No, IT department said they did not initiate any conversation regarding the switch.

5:01:43Fortuna Smukler

So who, who bought them? Like, how did they come here? Like, how did it happen?

5:01:53 – 5:02:14Speaker 7

So as noted, the chief of staff, then chief of staff, Molly Monestine, presented a proposal from Figures Communication to the city manager, to then city manager, Mario Diaz, and the city attorney with the request to place the item on the April 2025 commission agenda according to procurement that was at the direction of the mayor.

5:02:15Michael Joseph, Esq.

It didn't go to the agenda.

5:02:17Speaker 7

According to procurement, whether or not it went to the agenda, this was the statement that has been made.

5:02:25Michael Joseph, Esq.

I want to clarify, I didn't bring it before commission. Let me make that clear. That's correct. I did not.

5:02:29Lynn Su

Okay, I have a question.

5:02:31Speaker 7

In fact, it bypassed all procurement.

5:02:35Lynn Su

I don't know if I missed this, but was there a procurement process in choosing figures?

5:02:43 – 5:02:55Speaker 16

There was not a formal process. The initial approval was through a software exemption. This was posed as a pilot and that was approved by the manager's office at the time.

5:02:57Lynn Su

I don't understand how that's related to figures.

5:03:01 – 5:03:28Speaker 16

Can you explain that again? Figures communications in this text messaging is software. And so the initial pilot program that was posed and in the proposal was for the initial months, and it turned into 14 months. But it was approved through a software exemption that is permissible through our code. But that extended 14 months. into a new fiscal year.

5:03:29 – 5:03:45Fortuna Smukler

Got it. Okay. Okay, so if I may, through the mayor, I was writing some notes when you were talking to Commissioner Smith. Did you say that they're not communicating with you, or did I misunderstand?

5:03:45Speaker 7

I requested a meeting, and I've never received that meeting. That's correct.

5:03:49Fortuna Smukler

Do you know more or less when you requested it?

5:03:52Speaker 7

I believe I first requested in February, March timeframe, within the last 45 days.

5:03:58Fortuna Smukler

And they haven't, so... Are we going to continue with them, or?

5:04:06Speaker 7

No, I have directed procurement to terminate the contract due to lack of response.

5:04:12 – 5:04:33Fortuna Smukler

Okay, and do you know, well, obviously because of lack of response, but do you know I'm not sure if you, are you familiar prior to coming here? Were you familiar with Figures Communications? Have they done any municipal work before, or?

5:04:33Speaker 7

To my understanding, I am familiar with Figures Communications, but to my understanding, they've never done any, to my knowledge, they've never done any municipal work.

5:04:42Fortuna Smukler

Oh, so we were the guinea pigs. Okay. All right, so are we going back to Code Red, or?

5:04:49Speaker 7

we will likely do a procurement to bring Code Red or another messaging service, text messaging services on board.

5:04:58 – 5:05:17Fortuna Smukler

So did Code Red do anything for us? Like, I don't remember receiving, I'm sorry, not Code Red, Figures Communication, because I don't remember getting any, I mean, did, what, did Code Red even send us texts? Has anybody ever sent us texts? Like, what's...

5:05:19 – 5:05:40Michael Joseph, Esq.

I think somebody needs to break down what Code Red does and what I guess this program was supposed to do. Because Code Red, from my understanding, is strictly towards police, law enforcement, Amber, that type of alert. It doesn't do anything where it goes outside of that realm.

5:05:41Speaker 7

That's correct. Code red is limited. You only get so many times.

5:05:47Michael Joseph, Esq.

It's emergency, like, hey, there's a road broken down.

5:05:50Fortuna Smukler

Okay, so what is figures supposed to be doing?

5:05:54Speaker 7

That was where I requested the meeting. But that was the email that was sent.

5:05:57 – 5:06:09Michael Joseph, Esq.

I guess that email correspondence that went out to everybody basically broke, I guess, broke down what they were supposed to do. And the manager says that they have not been communicated towards him. But that's what that was supposed to do.

5:06:09Fortuna Smukler

So they didn't do anything? No. So we paid them for what, for a year now?

5:06:16Speaker 7

It appears that they were setting up their process and their service.

5:06:22 – 5:06:33Michael Joseph, Esq.

based on the documents. The background that you have, the technology that they set up, right? Where's that located? Because I would assume it's somewhere.

5:06:33 – 5:07:25Speaker 7

It's not within our systems. This process was first, according to the documents I have and the notes that I have based on the review, once Figures was engaged, they were turned over to IT department, which is the appropriate place for the software program to be. However, IT had challenges also engaging figures, and they had challenges with their billing. So once the IT department had requested additional information regarding to the service and billing, figures contacted then Assistant City Manager Marlene Monestine. She moved the program. from IT department to the city manager's office and then continued the billing. So we never actually had any product in-house.

5:07:25Michael Joseph, Esq.

But the product, I mean, you paid for the product, right?

5:07:29Speaker 7

We paid for our service.

5:07:30 – 5:07:43Michael Joseph, Esq.

You paid for the service, but the back-end setup has never been with inside the city. And the last request that you made to say, can we get that technology, has that been made yet or no?

5:07:43 – 5:08:27Speaker 7

Yes, in fact. In fact, to her credit, the procurement officer had already sent out a letter of termination to Figures. I reversed that to give them an opportunity to meet with my office to determine. Because yes, $4,000 is $3,000 more than the market rate for text messaging, but how do we know, or how do I know as city manager that this is not you know, something additional that we, the city might have been receiving. So I reversed the procurement officer's decision on termination and I reached out to them to say, hey, meet with my office to determine, you know, where we are with this service, what it provides. And they never responded? They responded that they would follow up and never followed up.

5:08:27Michael Joseph, Esq.

But you, but that's a, that was like 45, as you pointed out.

5:08:30Speaker 7

Yes, that was been some time ago.

5:08:31Michael Joseph, Esq.

Like 45 days, you said? Yes. So that being said, that's why it's canceled?

5:08:35Speaker 7

Correct. They have a 30-day window, and they're in that 30-day window.

5:08:39Phyllis Smith

Mayor, can I just ask, what's the termination clause say? Do we have any penalties?

5:08:45Speaker 7

No, we have no penalties. It's a convenience. It's always all cities.

5:08:49 – 5:09:03Lynn Su

And there's a 30-day window. Commissioner Sue? Just wanted to put it on record. Thank you, Mr. Mayor. Question. So the $4,000 that they do, is that a retainer fee, or is that, like, all-inclusive of any text messages being sent?

5:09:03Speaker 7

It's a service charge, so I imagine we never got to have that conversation, but I imagine it would be a flat fee for all the services that they were going to provide the city.

5:09:12Lynn Su

Madam Procurement Director, did you see the contract? Were they saying per text message it was gonna cost X, Y, and Z, or no?

5:09:20Speaker 16

The manager is correct. It is an inclusive monthly rate.

5:09:25Lynn Su

There's not even a limit on how many messages we could send?

5:09:29Speaker 7

Well, for $4,000, it shouldn't be.

5:09:33Fortuna Smukler

Okay, so while she's looking for that, so they never provided a service then?

5:09:39Speaker 7

From my perspective, the answer to that is.

5:09:41Fortuna Smukler

So are we, and through the attorney, are we entitled to request money back?

5:09:52 – 5:10:09Speaker 8

The fact that there's not a particular penalty upon termination does not mean that we can't sue them. If they're in default of what they were supposed to provide under their contract, we can sue them.

5:10:11Fortuna Smukler

I mean, I'm in favor of that. I'm not sure how that works.

5:10:15Phyllis Smith

But we didn't pay all that we owe them. How many months haven't we paid?

5:10:18 – 5:10:39Speaker 16

We didn't pay all that we owe them. How many months didn't we pay? How much did we pay? For this fiscal year? Oh. Total, we've paid, including last year, we've paid 34. Wait, 24 plus eight takes 32? 32,000?

5:10:41Speaker 8

Undoubtedly, they will defend that says that they were, as they apparently said to the manager, that they were, quote, setting up their software

5:10:51 – 5:11:05Fortuna Smukler

Yeah, but you know what, that's not her fault if they're setting up their, they're supposed to come to us with their software set. Like, oh my God, like imagine you buy a computer and it's just gonna sit here for three years because the software's not set up.

5:11:05 – 5:12:57Speaker 8

That depends on what that contract says, but nonetheless, if they have defaulted in what they were supposed to be giving to us, then presumably they can be held liable for that. Now they've been paid $34,000 and we could sue them for that money if they're in default, whether they'll be at any point in touch with the manager, or we have certain rights to demand evidence of what they have done with the money. If they stonewall us, again, we can sue them. But as I'm understanding this, and I was not involved with that procurement at that time, this is not just, it's not purchasing information the emergency texts. It seems to be that they, this was a, I've heard it described here as a pilot program for the purchase of certain software to, I gather, to enable the city to do certain things. Now, if they had some period of time to set that up, that's one thing, but I can't imagine that they have a a satisfactory defense to ignoring requests for communication. They can't just not respond to us and not be in default, but what it is that they were supposed to provide was not just the bridge is out, it was apparently the development of a pilot program for software, I gather, that would have enabled the city to do so.

5:12:57 – 5:13:18Fortuna Smukler

So let me ask the procurement director, Were we supposed, does it say anywhere that you recall that we should pay them for just sitting back and letting them develop a software and we just gonna watch and does it say that anywhere?

5:13:19Speaker 16

Not that I recall. That isn't in the contract.

5:13:21Phyllis Smith

Okay. Why don't we have the attorney look over the contract?

5:13:24Jay Chernoff

Yeah, why don't we have the attorney look into it?

5:13:26 – 5:14:07Speaker 8

All right, but I wanted to know. I'll be happy to do that. Let me just say, to this point, my understanding is there was some attempt that recently concluded to see if they would respond. I haven't. Really, frankly, until this was put on the agenda, I've been aware that there was even a contract there. I mean, I guess it was sent to me originally, but there was a request to put it on the agenda. That never happened. So there wasn't an agenda to review. However, after hearing what I'm hearing, I mean, absolutely, since they have refused to be even in touch to reply with the manager, we will certainly review that contract.

5:14:07 – 5:14:26Fortuna Smukler

And listen, even if they, but even if they respond tomorrow, even if they're watching and they're gonna call the manager first thing in the morning, they still never provided anything to us. So just based on that, I don't even care if they respond or don't respond. The point is they provided nothing to us and we've paid them and now we need that money back.

5:14:26 – 5:14:49Speaker 8

I understand your surmise on that, Vice Mayor, and if those are the facts, then we probably have a cause of action against them and can bring that, but I would need to review not only the contract, but the correspondence, and I'm happy to do that. It's not come to me previously. Through the Mayor to, I'm sorry.

5:14:53 – 5:15:04Lynn Su

Thank you. All right. I really want to clarify. So you said that a resolution and a contract was signed, but it wasn't put on the agenda. Is that what happened?

5:15:05Lynn Su

You didn't say that?

5:15:07Lynn Su

Or it wasn't placed on the agenda?

5:15:09Fortuna Smukler

He said that he'd never put it on the agenda. I never put it on the agenda.

5:15:12Lynn Su

Okay, it wasn't you who sponsored it, is what you're saying?

5:15:14Michael Joseph, Esq.

It was never... It was never on the agenda. It was never on the agenda. It was like never on the agenda at all.

5:15:21 – 5:15:41Lynn Su

We never voted for us. We never voted for us. No, I know. We never saw anything on the agenda, right? I mean, obviously, I guess like when it came in at 48 grand, it wasn't going to be, it was under. So I guess like maybe we could ask the interim city manager about this issue. Because would that be in his period or would it be in Mario's period?

5:15:42Speaker 7

This was initiated under city manager Mario Diaz.

5:15:46 – 5:15:59Fortuna Smukler

Oh, but he left like the book. He left on June, right? He left in June. This was you said April 2025. And then he resigned in May and he left in June.

5:16:01 – 5:16:12Fortuna Smukler

So you but but as as the manager has stated several times that Marlene monestine, the assistant city manager took

5:16:13 – 5:16:35Lynn Su

charge of that took it out of i.t and then brought it into the city manager's office to continue paying for it that's correct okay all right next item is 15.3 i'm sorry what happened it was a discussion this is now moving are we going to take action on anything i mean the they're going to look so the attorney's going to look at the contract right yes and and can you

5:16:38Fortuna Smukler

Okay, and please.

5:16:39Speaker 8

Sorry, I keep turning this off. I said, yes, I've reviewed the contract, get with procurement, and get with the manager's office. We'll get the correspondence and see what our remedies are.

5:16:49Michael Joseph, Esq.

Mr. Mayor. All right, 15.

5:16:51Speaker 7

Time is now 1145.

5:16:52Michael Joseph, Esq.

Yeah, but we're going to 15.3. There's only two items left.

5:16:56Fortuna Smukler

All right, so the next item is the.

5:17:00McKenzie Fleurimond

What the manager is saying is that he's familiar with how long we take on each item, and it might last longer than 15 minutes.

5:17:06Fortuna Smukler

Did Commissioner Jean leave?

5:17:11Jay Chernoff

No, 15-3 is reactivation of the Advisory Committee for Disabled Individuals.

5:17:16 – 5:17:34Fortuna Smukler

All right, so we have one of our boards is the Disability Board. I'm the liaison. Okay, you're the liaison. It has been inactive for many years, and I'd like to see it become active again. Okay.

5:17:35 – 5:18:12Lynn Su

All right, he agrees. Wait, wait, I know that we, I don't want to drag the discussion on long, but can I propose something? I think that we do have a lot of, like economic development didn't get a quorum again. So I don't know if you're aware, but... As a chair, I'm aware. Yes, as a liaison. I'm just saying. Yes, no, and what I'm saying is like, we're burdening a lot of people with a lot of meetings. If you look at our calendar, we have so many different... Oh, good, let's bring up how many events we're having too. Exactly.

5:18:12Jay Chernoff

Right, and we still need one for the tennis center.

5:18:16 – 5:18:35Lynn Su

So my point is, is there a way or another similar group that can accommodate this? Like, I'm just throwing it out there, like maybe... Accommodate what? Accommodate about disabled individuals.

5:18:36 – 5:18:57Fortuna Smukler

so you know sometimes just people may not want to be in one board but be in another so i know you know maybe and maybe nobody want to be in the disability board and maybe everybody wants to be on it um but you know commissioner we did we did do an effort through the clerk for this board, I don't remember.

5:18:57Jay Chernoff

We've got some members and we've gotten no response, right?

5:19:00Fortuna Smukler

So is this something we, each commissioner picks one person or is it anybody can come and?

5:19:05McKenzie Fleurimond

That was a beautification.

5:19:07Fortuna Smukler

Not for the board. It's so anybody can come.

5:19:09 – 5:19:28McKenzie Fleurimond

Maybe we need to open it up, sorry, Vice Mayor. Maybe what we need to do is open it up to non-residents as well. and so that we can probably get people who are active in that state. Just say stakeholders. Stakeholders, right.

5:19:28Fortuna Smukler

And I actually had the, my former aide that works at the library now.

5:19:34Phyllis Smith

All the boards are open to non-residents.

5:19:37 – 5:19:58Fortuna Smukler

She would love to be on it. She would love to be on it. She has two children with autism and she would love to bring so much awareness into our city about disabilities. Yeah, she does not live in North Miami Beach, but she is dying for this board to come back. Yeah, but she may be the conduit that we need to get it started.

5:19:58 – 5:20:11Phyllis Smith

All right, I'll have her reach out. On my senior board, just to mention, there's quite a few seniors that are not living in North Miami Beach. They live in the county. They just can't vote.

5:20:11 – 5:23:45Speaker 8

All right, before we go to the 15.4, City Attorney, can you do just a very brief report? Mayor, the City Clerk and I have been operating as staff for the Charter Review Board. That board has, I think, one more meeting scheduled. It's met every single week. This next week, there's not a meeting, but there is one at the beginning of the following week. I think it's the 7th. Not the beginning, but the following week. I believe it's the 7th. That's anticipated to be the last meeting. Although if another one's needed it, they'll have one We have as the clerk could report a window to get things on the ballot for November the city clerk's office is in touch with elections and we have really until july but the report of the charter review board is a list of recommendations and i should advise the commission that at least at present it is a very lengthy list i anticipate that the commission will have difficulty dealing with every one of those items at a regular city commission meeting with all of the other things that we do and i'd like to bring before you that with the assistance of the clerk as soon as we are reasonably confident that it will conclude on may 7th like i said there could be one more meeting we would like to work with you to schedule a special meeting of the city commission not a workshop but a special meeting where you can hear at length in detail the presentation of the Charter Review Committee. We would propose to invite the entire Charter Review Committee through its chair to come before you and basically move item by item on their recommendations. The commission is not required to decide whether to put them on the ballot or not. the first time you hear them. You could say, we want to think about this one or that one and come back. But at least on the other items, as much as possible, you should move through them. And by being a special commission meeting instead of a workshop, you can vote on which items you want to put on the ballot, which ones you reject from putting on the ballot, How you want to group them, which is extremely important. I mean, you can't do, you know, 40 referendum votes because the elections office just won't allow you to add 40 items to their thing, but you can have all as one or you could have five here and six or whatever but you need to just have in your heads that unless there's some objection that there will need to be a special commission meeting to move through them and if it ends up that on half a dozen particularly controversial items that you want to defer those at your special meeting and come back and take them up at a second special meeting or at a regular meeting because you've narrowed them. That'll be up to you to do. We just wanted to brief you on where that process is and let you know what, how we're gonna try to bring it in for a landing. All right, thank you. 15.4.

5:23:46Fortuna Smukler

And 10 years ago, we had 10 items, I believe.

5:23:50Michael Joseph, Esq.

And only, I think, two of them passed.

5:23:57 – 5:24:22Michael Joseph, Esq.

No, no, it was like a bunch of them were on there, a lot of like civil service class and the change of the election date. Everything else failed. You can put as many as you want. Fail, fail, fail. You can't do 40. You can't do 40. And I think Commissioner Smith said it's better you put one or two that you know than to put like a bunch that is just gonna be like.

5:24:23Fortuna Smukler

No, you said it wrong. Two did not pass and the other eight passed. No, no, no. They wanted to get rid of the Civil Service Board and it didn't pass. We kept the Civil Service Board.

5:24:33 – 5:24:50Speaker 8

Commissioners, your history on it. I mean, I know you've got one more item. It is what it is. I'm just trying to tell you, prepare. I'm just trying to tell you, be prepared because whenever you get it, it's gonna be a long night. Okay, 15.4, Commissioner Young.

5:24:50 – 5:25:13Daniela Jean

Oh, thank you, Mr. Mayor. I wanted to propose an idea for a centennial event. This would be an event that's fully sponsored, but for a centennial symphony, a 50-piece orchestra, which is the Miami-Dade Pixel Orchestra that's willing to do a concert for us, and wanted to kind of put that as one of the official events for the centennial celebration.

5:25:13 – 5:26:05Michael Joseph, Esq.

Okay, great. Okay, well, I just want to say one thing. And we have a lot of events, a lot of events that are happening. And I know Commissioner Smith is not here. What I want to, because I'm not objecting to people celebrating, especially in their 100th year. I've never been that person or what have you. But I just want to be mindful, right, that we do have a policy. We do have a policy. But if that policy is being, let's say, relaxed As a result of our 100 year, I have no issue with that. What I don't, what I want everybody to be, I want everybody to be treated the same.

5:26:07Speaker 6

That's all I'm asking for.

5:26:08 – 5:26:19Michael Joseph, Esq.

Everybody to be treated the same, whatever that event may be, because I've seen a lot of things happen, and I'm not knocking anybody celebrating our community from different aspects, but I want everybody to be treated the same. That's all.

5:26:20Phyllis Smith

So for instance, of what you've seen, I'm sorry, I have to say.

5:26:23 – 5:27:00Michael Joseph, Esq.

No, no, I'm saying, remember, we have a policy, right? We went through this policy. It was very detailed. And if you have this amount of people, you remember, it was something that I think you were... Did it pass? It passed. Oh, it passed. It passed. Three events per commissioner. It had to be budgeted. It had to do X, Y, and Z. It was a lot of things tied to it. A lot of things tied to it. And to the point that certain people, during the first year, were really testing us out. I held out from using any of mine because I really wanted to, there's only certain things I cared about in certain events. I said, hey, am I going to use that for that or what have you?

5:27:02Michael Joseph, Esq.

I've seen a ramp up of a lot of things, which I'm saying, hey, that's fine.

5:27:07 – 5:27:24Phyllis Smith

But, you know, I don't understand. Everything is important. Don't misinterpret this. But we voted on limiting the events. Mother's Day is coming back. Then we have to have Father's Day. That was introduced one year. No.

5:27:27Fortuna Smukler

It was done, Commissioner Smith, it was done one year, but it was completely sponsored.

5:27:33Phyllis Smith

But is it being sponsored now? Is it being done? I'm not saying we shouldn't do it.

5:27:40Fortuna Smukler

No, we've always been doing Mother's Day, but in the last few years, instead of doing the actual breakfast, we were doing deliveries of gifts.

5:27:49Phyllis Smith

Okay, but you're taking it personal. I'm talking about events.

5:27:52 – 5:28:04Fortuna Smukler

I'm not taking it personal. I'm just clarifying that Mother's Day, we just switched it around. The money has always been in the budget for Mother's Day, but we just switched it around from the delivery of love is what we called it.

5:28:05Phyllis Smith

I make a motion that the manager review what we voted on and follow the policy. Okay, okay. I want to know how much Commissioner Jean's offense. Can I get a second?

5:28:14 – 5:28:35Michael Joseph, Esq.

Hang on, hang on, hang on. No, no, wait. This is that... Let me be very clear. See what happens when you... We have... I'm not saying that we've opened Pandora's box, but I understand why we've gotten to where we are and why certain things had to happen or whatever, because this is a very fluid year. What I've been saying, and I want to make very clear, I want everybody to be treated the same.

5:28:36Phyllis Smith

What does that mean? Everybody is... Yeah, let's go over the policy.

5:28:41Michael Joseph, Esq.

No, no, but allowing the manager to have that discretion and making sure that everybody is treated the same.

5:28:49Fortuna Smukler

I think he's doing that now.

5:28:51Michael Joseph, Esq.

But what I'm saying is that I just want to just allow him to have that discretion. That's all.

5:28:56Fortuna Smukler

So, Commissioner Jean, how much is the symphony fee?

5:29:01 – 5:29:20Daniela Jean

No, it's going to come at a cost, but it's going to be fully funded. So we're going to do a line item of police, staff, venue, the orchestra. It's on a cost, but what I'm saying is I'm committing to making this a fully funded. So I'm going to raise the funds to cover the cost.

5:29:21Michael Joseph, Esq.

All right. Now, second. All in favor say aye. Aye.

5:29:34 – 5:29:47Fortuna Smukler

So, no, no, no. We can make a motion to un-adjourn. I actually never voted to adjourn, so it doesn't even count. I never voted.

5:29:47Phyllis Smith

I second her vote. You were on the winning side?

5:29:49Fortuna Smukler

I never voted, so it was an illegal vote. Go, manager. Hurry up, manager.

5:29:59Speaker 7

Okay, so yeah, these are very serious issues. This is my, nobody wants to go home more than me, but this is the only time I have you all together.

5:30:05Fortuna Smukler

Okay, so I make a motion to extend the meeting to 12.05.

5:30:10Fortuna Smukler

Do I make, do we need to make a motion that we extend the meeting? I just said it, I need a second. Okay, all in favor? Aye. Aye. Any opposed?

5:30:19McKenzie Fleurimond

Can you do this in a minute? Any opposed?

5:30:20 – 5:36:35Speaker 7

I'm gonna. Okay, so to 12.05. Okay, all right, so, and I'm gonna, I'm gonna speed wrap it for you. So, There was a, and again, nobody wants to be out of here more than I do. I support that, but I have to give you a report. This will be my first manager's report. I got direction at the last commission meeting to look into the report from former CFO Tariq Rahmani. There was a lot in there. We started with the ARPA, reviewed emails, Regarding ARPA, on February 2026, former CFO Tariq Rahmani informed the US Treasury Department that $3.2 million was not timely appropriated. In March 2026, the US Treasury responded to Mr. Rahmani demanding the return of $3.2 million in ARPA funding. I have met with the city attorney, and we are coming up with a strategy to respond to the U.S. Treasury that will not make it immediate that we respond, that we return those funds. In the meantime, we are meeting with, my department is meeting with the finance department and all the department heads to, utilize as much of those funds that were allocated so that we can make the statement that we received the funds and that we're utilizing the funds. And we've also engaged a ARPA consultant to assist us with our response and to assist us with the expenditures and assist us with responding to the U.S. Treasury Department. As many of you, that's item one. Item two, I only have a few items. Item two, as many of you all know, since Mr. Romani left, I've been serving as the interim CFO. Vacancies has been a problem in the finance department, but it allowed me to do a deep dive. We have put some safeguards there. I have put some safeguards there. I only have viewing authority. I do not have the authority to direct any payments or direct any checks. but I do have view and authority in cash pro system for example in the view and authority cash pro system I was working with one of our full-time employees and one of our consultants as we're preparing for both our audits which was which is due at the end of June and it's been late for two more years so if we If it's late again, we could be subject to financial oversight. And also, we're now going into budget season, so there were a lot of numbers that we've been crunching. Some what we call exemptions in the cash flow system were identified, which appears that There have been some salary payments that have been paid erroneously over the course of years. So that is about the maximum I can give in that information. That has now been directed, that is a criminal investigation through our police department. But you do need to be made aware that that is occurring. There are also some, Structural operational deficiencies in the finance department, we have not been doing bank reconciliations on a monthly basis. For those of you who are familiar with finance, that's a huge error. That's not like checking your bank account and reconciling it every 30 days to know how much money you have. handicaps the commission that handicaps department heads with making financial decisions. So we do have a, I've hired a consultant. We've utilized our contract with Caballero, our in-house auditing team. We have an interim finance director. We've utilized, we've also utilized Anthony Brunson who I've had a previous relationship with and brought in interim budget administrator since both those positions are vacant. They are assisting us with reviewing some of these processes. We're looking to get bank reconciliations done on a monthly basis. Additionally, accounts receivable, accounts payable seem to have some structural deficiencies as well. There's no identified personnel, there's no identified timeline, there's no identified process. So pretty much for accounts receivable, when a payment comes in, whoever is available books it. Same thing with accounts payables. When an alarm goes off that somebody is supposed to be paid, whoever's available pays it. So a lot of things do fall through the cracks and can fall through the cracks when that is the case. So we're also working on creating a process for accounts receivable, a process for accounts payable, and also identifying personnel. These personnel, these accountants will be dedicated to AR. These accountants will be dedicated to AP. uh another challenge is uh payroll unlike most cities and i have to say i was totally against this before i came but now that i'm here i really like getting a check every week but running um running payroll every single week is an incredible challenge. Every single week, we have staff that get overpaid, and every single week, every single week, we have staff that get underpaid. So it's constantly, the staff is constantly trying to catch up. And for some of our union employees, this is particularly problematic. And if we do not address this soon, we could run the risk of having a union file a complaint against us, particularly our police union. So that's something we're looking to correct. But we only have two payroll staff, what we call payroll specialists. And that's the normal staff that you would have when you're doing it every two weeks. So we're trying to hire there. We're trying to get additional training there. But that's a challenge that the commission needs to be addressing. aware of in impacting the workflow. So I'm now going to switch to, well, okay.

5:36:35Fortuna Smukler

I make a motion to extend to 1210. Second. All in favor?

5:36:46Fortuna Smukler

Jay, this is important.

5:36:52 – 5:38:47Speaker 7

So as I've submitted to you all by email, I hope you've had a chance to review it, HB 1451, we're on precarious grounds there. And so we need to have an understanding of what that could mean for us financially, which would mean about a $10 million loss, $9 to $10 million loss in our surcharge. We're still working that veto plan, but now we've also switched to mitigation losses. I'm going to give you a lot of bad news, but I'm going to end it on a high note. that we're entering to budget season. Actually, we're a little bit behind on budget season due to the fact that we do not have a budget analyst and our interim budget administrator just started last Monday and is still in training on our system, the muni system. So here are the budget concerns. We have $5 million in reserve. This year, fiscal year 25-26, comes at a $12 million cost. That means that we're spending $12 million more than we're bringing in. So as most cities do, if we enter this budget season just looking at doing the next year, what we did this year, with $5 million in reserve and a $12 million budget, budget expense, we'd be looking at a $7 million loss. That's one. Two, if HB 1441 does not move the way that we want, that would be a $10 million loss, so we'll be looking at it, that would bring our losses to $17 million for the next fiscal year. In addition, if the city attorney's office and I are successful, which I believe that we have a strong strategy, But if we were not successful, that would be an additional $3 million loss, which would bring us entering our budget season for 26, 27 at a $20 million loss. That's not counting if we lose the homestead exemption taxes. If we lose the homestead exemption taxes, then we're looking, yes, yes, we're looking at insolvency.

5:38:48Michael Joseph, Esq.

No, no, 14.1 would have, perhaps.

5:38:55Speaker 7

Yes, yes, Mayor.

5:38:57Speaker 6

Yeah, let him conclude, let him conclude.

5:39:02 – 5:39:58Speaker 7

Okay, okay, so. Okay, so there is a light at the end of the tunnel. I believe, what I can tell you is that I'm gonna submit to you a balanced budget. If I still have a job after that, it'll be up to you. I'm not certain that you will like it, but I promise you I will submit to you a balanced budget. What I am working on is bringing you some options for additional revenue, and this is something I've been working on from the day I was hired, meeting with other cities to potentially, for example, become our water customers. So we have a, yes. So we have a potential, we have contracts that we're discussing with multiple cities that could bring in an additional $10 million in revenue. Perhaps $6 million within the next 30 days. That would put a deep hole, well, a deep punch into our losses. Next.

5:39:59Phyllis Smith

Oh, we have to keep it with the water department.

5:40:01 – 5:40:12Speaker 7

Yes, yes, but as I shared with you in my interview, we can take loans, we can take new interest loans from that and utilize it in our general fund and pay it back over 30 years.

5:40:12 – 5:40:53Michael Joseph, Esq.

I would caution a little bit on that because of how our WIFIAs There's other nuances tied to our financing besides that. And I think there needs to be a breakdown on how WIFIA is going to be impacted the way I think you might want to reorganize our way of doing business. Agreed. I think there's a lot of... I'm going to agree. The water director wasn't here. I think we were here. WIFIA is a very, very interesting type of mechanism. And like, honestly... Without saying too much, I think you guys have to have a stronger tutorial on how we do our financing.

5:40:54Michael Joseph, Esq.

Before you start making changes. There's a lot of issues there. Also, one thing I want to make a request, because I know we have a few minutes.

5:41:03Fortuna Smukler

No, no, no. You need to be more explicit to him.

5:41:08 – 5:42:07Michael Joseph, Esq.

This is the first time I've heard him talk about reorganizing. But what I'm saying is that we do have bond counsel that was tied to this. They should follow up with Schumann and Bass, because in regards to our prior litigation, people need to understand our legacy. Yes. No, no, no, I'm just, no, wait, wait, no, no, I, what I, there is, there is background already available. There's Schuman and Bass, which paid a lot of money in regards to our past litigation and resolving and getting our settlement taken care of. That discussion needs to happen with council and vote. Yes, there's a lot of things tied to how we do our finances. It's not just this whole, this like glaze approach, but I just don't want us to mess something up. and us at the wheel when that happens. Because we weren't forthcoming on how our history to, I guess, people that are now taking the rank. That's all I'm saying.

5:42:07McKenzie Fleurimond

And my thing is this.

5:42:09 – 5:42:27Michael Joseph, Esq.

I don't want to be in a situation where I'm circumventing my colleague's authority like it's been put out in the past. This is everybody's responsibility. I might be the mayor, but at the end of the day, there's a price that comes with it, and you guys have increased that price substantially.

5:42:27 – 5:42:46Fortuna Smukler

And I'm not willing to pay for it. As the mayor and the head of the city, you should be reaching out to the manager's office and explain whatever it is that you're trying to say. I make a motion to extend to 1215. I second it. Thank you. All in favor? Aye. Aye. But that's it. Okay, that's it. Not more than 1215. Okay. Okay.

5:42:49Speaker 6

All right, go on.

5:42:51Speaker 7

OK, so I'll get with the city attorney. Not sure that there was a reorganization of the finance department here.

5:42:58 – 5:43:48Michael Joseph, Esq.

No, no. What I'm saying that the what I'm not saying you or the the way that it's being propounded to me is that you have there's there's ways that you want to create revenue. What I don't want is to infringe on any past agreements that we have. that might create a situation. OK. That's all. And like I said, this is not like a little ship. This is like a massive cruise liner in regards to our water plant. And you might think moving one lever here won't make a difference. I've seen some weird stuff, and I just don't want us to mess up the gears too much. One thing I would ask, because since you mentioned the fact that you are the CFO, do you know when you might be hiring a CFO?

5:43:49Speaker 7

Oh, we actually are engaging a headhunter firm to get us a CFO as soon as possible.

5:43:57Michael Joseph, Esq.

And another question I have is that when will the check registry be up and running? We haven't had that up and running in a long time.

5:44:04Speaker 7

I'll have to look into that and get an answer for you.

5:44:06 – 5:44:17Michael Joseph, Esq.

Mr. Was that is that is that finance? Yes I'm just saying like the last time I saw the check registry open was like maybe a Year and a half and they used to show all the checks going in and out.

5:44:18Speaker 7

Okay Yes sooner rather than later I'll work on that mr. Mayor I

5:44:24 – 5:45:04Michael Joseph, Esq.

Other than that, that's fine. But I don't want to take any more. Like I said, the 1451, I saw your initial letter. A lot of it doesn't come online until 2028. And there's some wonkiness in regards to the statute itself. But like I said, you guys do have lobbyists and you do have counsel. A lot of people work on it. I'm going to leave that to the professionals. But I just don't want us to I just want to be very careful in how you open up different aspects of revenue and making sure that it doesn't impact other aspects.

5:45:04Speaker 7

Well, I can say to give you some assurance, Mr. Mayor, is all I can do as city manager is provide you all with opportunities. Every opportunity that is created has to come before this commission for a vote.

5:45:15Fortuna Smukler

And do you have any more good news?

5:45:17 – 5:46:37Speaker 7

Yes. And last but not least, as you all might have heard multiple times from, because now the city staff is repeating it, we have a One City, One Team initiative. And what that does is centralize services. So, for example, we're spending $967,000 uh... thousand dollars a year uh... on on communication salary because there's five communications uh... personnel in parks department there's five communications personnel and uh... utilities there's communications and police and what we're looking at doing is consolidating that service consolidate department to find out where we're having uh... excess expenditures maybe we can still keep that same staff but they can fill a different role that that's that's not currently being provided as a service to the city, whereas instead of having five different people that are doing flyers for individual departments, we have a person doing flyers for library, a person doing flyers for parks, a person's doing flyers for my office, and the mayor. and the mayor and commissions. So we're gonna be combining line items and closing it on cost and centralizing services. And along with doing that with just 60 days, we have realized over a million dollars in savings and shavings and expenses.

5:46:37Fortuna Smukler

All right, and are you going to do anything about making some profit out of our theater?

5:46:44Speaker 7

Oh, absolutely, absolutely.

5:46:45Fortuna Smukler

Because we definitely can make a lot of money.

5:46:47Speaker 7

We'll certainly look into that, for sure. Thank you, thank you.

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.