Okay, good evening. Welcome to the city of North Miami Beach City Commission meeting of Tuesday, October 15th, 2024. Can we get a roll call? Please, Madam Clerk. Commission turn off. Here. Commission flooring on. Here. Commission Jean. Here. Commission Joseph. Here. Commission Smuggler. Present. Vice Mayor Smith. Present. Mayor Piper. Here. Commissioner Joseph. Here. Commissioner Smuggler. President. Vice Mayor Smith. President. Mayor Piper. Here. You have quorum. Thank you. And for invocation this evening, we're going to defer to Commissioner Smuggler. So I really wanted just to take this moment to acknowledge what happened in Israel and really to the rest of the world on October 7th. We have approximately 100 hostages still missing and we had a countless of people murdered in Israel. For no reason for being at a concert and having fun, enjoying themselves being with their families. I just wanted to take this moment to remember what happened to pray for the return of those hostages and to remember that what happened in Israel could happen here if we allow terrorists to take over. So if we can have just a moment of silence to remember those that perished, we will never forget. Thank you. All right. Would everyone please join me in the pledge of allegiance? I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God in the digitalise of liberty and justice for all. Okay, request for withdrawals, deferments and additions to the agenda, Madam Clerk. Other requests of the City Manager, item 11.3, which is resolution 2024-118. This is to approve the special obligation bond that will be heard first. Okay, when you say first, what does first mean after? We're going to do it right before. Yes. Okay, so for the consent and then the item number on that is 113. 113 resolution 2024-118. Other requests of Commissioner Jean. Item number 11.4 which is resolution number 2024-118 to approve city events, fee waiver and facility usage policy that will be deferred to the December meeting. Further requests of Commissioner Jean, item 11.9 which is resolution number 2024-124. This is to approve external audit services that will also be for the December meeting. Further requests of Commissioner Joseph, item 11.10, which is resolution number 2024-125. This is to approve Motorola Radio's piggyback that will also be deferred to the December meeting. That's it. Yes. I have questions also. I have a question. Okay. Okay. Through the mayor, I'd like to ask the manager, can we wait on the auditor because the contract was up and I don't know that we can wait. I will need to have our finance team I think they're in the back. Would you try to move on? 11- 9. City Attorney, can I bring it up for a vote whether or not we wave that? If I get a second. She wants to postpone it until December, but I think our audit contract is up and therefore we will be without somebody for three months. I don't know but there was a there was a ranking on the firm that won so or maybe Commissioner can explain why and would you understand that? First thing would be I guess you get the answer to the question. I would you that ask the question I think? I will give it another minute or two to see if. Okay, so can I ask my question? Okay, so as for 11.4, I wanted to ask Commissioner Jean why she wants to wait for December and also as for 11.9, I'm sorry, 11.10, I wanted to ask Commissioner Joseph why he wanted to wait till December. The reason, okay. I have concerns in regards to the cost because the 1.8 is for leasing the equipment. And I just wanted to have more and conversation with the managers and get additional information. That's just that because it's worth, we're paying 1.8 just to lease equipment. And I had a chance to talk with some of the staff and they said that, you know, be an issue because I need more information on that. Because it's leasing as opposed to buying. Why why are we buying it? That's my issue. Okay. Why can I follow up with that? Why are we postponing it? Why don't we discuss it now and vote on it up? I just want to get additional information. There's other if we could have renegotiated that and They said they won't have a problem if it waited to the next meeting to discuss it. That's all I mean It's not anything that's time. It's just is this a it's a piggyback. Right. It's nothing. That's time sensitive That's gonna be yeah We're not losing anything like a mr. Madrid you agree with that From order roll out we can we can wait until December and in terms of CFO, Ms. Taylor's here and she can answer with regards to if the audit contract can wait or be postponed until December. I mean, could it make a commission? We can wait but we'll need an interim contract with our current auditors. Because right now we're out of contracts, we have to do planning, which usually happens October, but she's in October and November. So if we're waiting to approve a new contract, we'll need to have an interim in place, at least for three to four months contract, until we have the new contract sorted. So may I make a motion to go on whether or not we withdraw or can commission or Jane explain so why you're saying? Yes. I know usually when we have a procurement process that is usually a corner silence. During my briefing with the manager, I mentioned to him that I wanted to know who are the firms that had applied. You provided that information via email, but I felt that we needed more interaction with those firms. So usually the corner silence process now also acts to the attorney what usually that process entails. So for me, I feel like we need more time. Can we speak to these firms? Is it within the law that we can? Is it within the procurement laws that we can? Is it something that's customary to commissioners to maybe get more information for such a service that? It's very an extensive service. That was the nature of my concern. Okay. And then first, then the cone of silence per hour code and we follow day counting. Day County has a mandatory provision but cities are allowed to all through the provisions. For our code the cone of silence terminates when the manager makes a recommendation to the city commission. In this case I believe that recommendation was made today. It's not what happens here. It's when a memo from the manager that makes a recommendation is issued that terminates the cone of silence. It was done today. So I don't know what time. That's the answer specifically to your question. Now, as the yours, why would it take, why would it, why was it done today? Wait, I had it in my packet on Friday. I had the rankings on Friday. I had who submitted and I even saw their submissions. So I just want to put that on the record that I don't know and I even saw their submission. So I just want to put that on the record that I don't know why it wasn't in your packet. It was mine. The the recommend. Remove once the numbers issued out. So you're saying that you received it prior to the memo being issued out? No, the recommend a recommendation to award was public on Tuesday of last week. The difference in this item was that staff through oversight did not update the bid sync, the software that we use to push procurement and stuff out. But the notice was made public of recommendation to award last Tuesday. As part of our procurement and even the procurement of this. There's terms and conditions that talk about that and to give when the recommendation to the award and when the Cona silence is lifted. That was all made part even before the bids came in. But Tuesday was when it was made public what the recommendation of a award was to the commission in that case my Observation is obviously incorrect, but I saw a memo that was dated the 15th today, so I presume I would like to make the motion that we vote on whether or not we're going to Put this on a table till December. The second roll of the agenda is within the province of the commission and members have the right. Because we have a consent agenda, any member may pull an item from the consent agenda for discussion that is a right of any member. That's not a discussion. The plural is different than pulling an item for discussion and that is a matter that is controlled by the full commission. By the full commission so we have to vote on it. If there's a motion such as you just made. And if the mayor acknowledged the motion and the second, then it is a matter for discussion before you. Just so with respect to what Commissioner Smith said earlier, her concern was having someone in the interim time period before this item comes back again. Was that correct commissioner? Well, now that I see the reason, I think we should go forward to vote on it because I don't remember when we had this where we interviewed them personally. I think when there's ranking and there's professionals, but I just feel like we shouldn't be in an interim. So I make the motion and you can do that. Well, my, I misunderstood your motion. Okay. So I'm going to withdraw my second. I do have a question. This is this is really gallery standpoint. So you're telling me that there was a memo issue dated today. No, I'm just I just want to because I want to miss the back of of agenda's the memos are typically dated the day of the commission meeting, but that was made public last Tuesday when the agenda was publicized. I've never seen that before. Okay. I'll second. No. All right. So we have a second on the motion and any discussion? I mean so from from my seat you know I know commissioners smoke we wanted to say something but from my seat I just want to make sure that we are you know in line with how we typically do our procurement processes and that every person who's applied has the opportunity to to respond or to even have conversations with the commission, right? Because at the end of the day, the recommendation is that it is a recommendation. It is not a must, it is not telling us that we have to do X. But in order for us to really process all of that, having the opportunity to hear from the vendors, I think, is important. And no one has reached out to me. In all honesty, I've been familiar with the current firm that we have for a number of years now. I think they've been doing a very good job. And so when I heard something different from the manager today, I wanted to make sure that I'm able to fully look into that. That's in my seat. So I can understand if we do push it back until December, it's another 30 days, but we need to make sure that we have something in the interim. So that's what I would suggest is to have something in the interim for the next 30 days. Thank you. Right. Probably it's probably 60 days, but right? Would it be 60 days? I'm sorry. Two to the month of December actually. Right. Okay. And I'd like to say. Just one thing before you go to Commissioner, go ahead because I want to ask something from the right. I want to ask something from why you do that. I don't know why nobody's just saying it. So I'm going to say it. So I spoke with Jeff Monde-Surham, sorry if I'm pronouncing your name wrong today. And he actually sent me the letter that was dated today, saying that the recommendation of ranking was done and this it's dated today. So I think that's where everybody's getting that October 15th date. Okay. Question. The can you repeat again? Is there any downside to this being deferred and if so what is that downside? Okay the city needs to have an audit contract. Right now we're out of contract so we need to have us if we're going to defer till a later meeting day we need to have an interim contract with our current audit firm. So do we have the ability to extend our current contract for two months? We have to do an interim contract. We're out of contract. We've done a one year extension for the last three years. So we actually need to do another extension, maybe a 60 day or 90 day extension but will they accept that? No, no. I would assume that based on the I'll let me care because I think she's going to say what I think she's going to go. Sorry. Can they, do they have to accept taking us for another 60 days? So based on the nature of the services, it is still up to the firm if they want to extend. Nine times out of 10, they usually do, because they are carrier or they've handled those services. Contraterally, we do have the ability under the Managers Authority to extend for an additional, you know, two months if we needed to. Could I ask, is the firm that won the top ranking here? Yes. Could you introduce me to that firm? I have here, Moorisa, is the partner from Markham LLP. Good afternoon and thank you for allowing me to talk a little bit about our firm. Our firm, Mark O'Millope, we're located here in South Florida. We've been around for several years and we specialize in audits of local municipalities. In South Florida we audit about 52 municipalities, many of the surrounding and we're large firm with 300 employees locally and we were we submitted a bid, we ranked first as mentioned, it was provided as part of the agenda package. Within the proposal we share some references of multiple cities across the state of Florida which we service. So I'll open up to any questions you may have. So I'd like to, I'm sorry to interrupt everybody. I'd like to just say something. So he's on this item is on the agenda. And so is the item with the Motorola radios. They're both on the agenda. I would be willing to at least listen and talk about it and have it for discussion and because we're kind of going out of water now. So I would be willing to wait till it's time to discuss it and I will have an open mind about the possibility of tabling it. But I have questions that the police department is here that I wouldn't mind asking about the Motorola radios that I may not have that opportunity to ask, just call them up and say, hey, answer all my questions. And I would love to hear, this is an opportunity to hear all your questions, which I normally cannot do because of sunshine. So I would be willing to, I would like to leave both of the items on and with an open mind I would table it if necessary. I have another question, Mr. Mayor. Thank you. When will you notify that you were ranked number one and you were going to be considered tonight? We had submitted some requests to procurement but we have access to your agenda package and it's part of the agenda package within the agenda package. There's a memo ranking the different firms were said that the recommendation today was for the elected body to authorize the city manager was authorized to negotiate with the first rank firm and if successful negotiation was not reached, then the resolution will be that it will go to the second rank firm. That was important to me because last Tuesday was in the agenda and I know in the past I can think of one the landscaping where they have reached out Because they saw it a week before if they wanted to discuss the fact that's why I'm a little bit of a quandary why You didn't have an opportunity and another one also is when I had my agenda briefing with the manager The ask one there was no backup to this particular item. And so my ask to him was for him to actually send me the three firms that had actually submitted. So as a commissioner, I have that right to know, right? And so the manager eventually provided those three firms. So with that being said, if we're changing firms, I think it's a conversation that the managers should also let us know what's the reasoning. This is the first ranked firm, so to the coos of your company, you ranked first. But first service that we've had with one vendor for the last consecutive three years or more, I think that is a fair thing that we need should have had some kind of discussion for that. So, does this form warrant staff potentially, but for me, I need more time. And if I may, Mr. Mayor, you know, like you said, you ranked first and as far as process as a concern, that Bid Sync is what I'm hearing is the medium by which bidders are alerted, right? And so, that's the continuity that I'm referencing. But really, it's not even about you or about any of the other rank firms. It's about who we're doing business with now. And the fact that I've seen their hard work, I've taken our city through a couple of, you know, tumultuous years. And they've, you know, I think they've done a pretty good job of explaining themselves on various different issues after audits. And that's, I believe how long have they been here? Madam, is it, has it been five years, six years? No, nine. It's been nine years. Okay, so this is an organization that's been here for quite some time. And because I remember them even when Esmond was here. And so several managers over have trusted them to serve our city. And so if we're gonna move in a different direction, obviously we've gone through a process to do that. You know, I just wanna make sure that, you know, there's no issues with what we're doing and that we are, what we're saying, what they're saying we're gonna get is what we're gonna get. I think me and the manager, we had a conversation about pricing and, you know, how similar insurance people walk into door with one rate and then a couple of renewals later Prices go up so we want to take a look into that and so Commission of Smuggler I you know, I'm with you I'm you know if you want to take a look at this later on But with an open mind of perhaps giving it some more time Thank you. Yes, thank you. All right, we got a motion on the table. Yeah. I don't think we motion yet. We have a motion and a second. Oh, okay, then yeah, I have no problem. No more discussion. Okay, good. All right, so just to be clear at that, the motion. Yeah, what is the motion? Do I have to move in the motion to include? Do you want me to include the Moemblorola? Yes, both of them, yes. All right. Second. Okay, I'll make it. So the motion is to undefur the two items. Right, but we never approved the decision. Never approved the decision. Correct. Right, so then I wanted to ask Commissioner Jean about the reasoning for wanting to defer 11.4, which to approve city events, fee waiver and facility usage policy. Thank you. So during our workshop, I also made motion to the fact that I had requested a meeting with the manager to discuss the events that I had planned. That meeting never happened. So with that being said, I don't feel comfortable moving forward with this item. So is the motion now going to include all three? Well, for the full all three, then, then I guess you need the motion to approve the agenda the way it is. I would leave it in again with an open mind. It's a success. No, I would have to make the motion to defer those for the commission meeting and take them out of the consent agenda. That's what I have to do. So none of them were in the consent. None of them were in the consent. So basically what we would need to do is withdraw the motions and then we'd have to vote if we're going to approve the amended agenda. Okay, I withdraw the motion. Okay, so then basically the way that we're going to do, there won't be any of those amendments on there then except the only amendment on the agenda will be the manager's request to move 11-3 to the first item to be heard. Now we have to vote. Madam Clerk, is that correct? Yes, but you need to vote on it. The body needs to approve it. We have to, we need to vote to approve the, so I need a motion, a second to approve the amended agenda as we just stated it would be. No amended, amended because the manager. Yep, so we need that motion and that second. Okay, I'll make the motion. Second. Okay. All right. And all in favor say aye. Aye. Any opposed? No, I passed. Opposed? Opposed? Yes. Commissioner John. Otherwise passes with the one opposed. Okay. Next. Madam Clerk is 5.1 still on or is that not going to happen? No, this not going to happen. Okay, great. She'll be here in December. Okay, I'm looking forward to that. Mr. Bastard, it's going to be coming, but you can look at it. Okay, next is 5.2 and introduction by Florida State Representative Elect Wallace-Aresti District 107. Monop. Congratulations. Thank you. Thank you. Thank you. Thank you so very much. I'm truly pleased to be here tonight. I wanted to come and let everybody know I'm grateful. Here in this amazing city of North Miami Beach, so I bring greetings. I want to thank Mayor Piper, Vice Mayor Smith, commissioners, Chair and Officer Jean Smuggler, Flormont and Joseph. North Miami Beach has been a city that has been impactful in my life. I grew up in the area. I remember going to a mall called 163rd Street, mall in the 80s. It was big. I remember going to a movie theater when I grew up and it was amazing. It was where you have the home depot. Those things meant so much to me. This city, as you know, was founded in 1926 by Captain William Fullford, US, Coast Guard, Captain. The city was renamed, I believe, in 1931, which it became not by me, Beach. We have some tremendous areas in this city. When you talk about the great Eastern shores, you talk about Highland Village, you talk about Fullford by the sea, you leader, you talk about Sky Lake, you talk about Windward, you talk about Pickwick and State, and you talk about this historic Washington Park. These are the things that make not mind me be a place where people could come and live. So myself as you're soon to be sworn in state representative, I want you to know that I want to work in collaboration with this city. I want to be in communication to see what I can do when we get to tell our HACI. We want to be in a position where we get to tell our HACI where we collaborate on infrastructure funding, housing affordability, economic development, environmental protection and sustainability, public safety, education support. We want to be able to come together and you know that you have a voice and tell a hazy working on behalf of the city of North Miami Beach. I think that's important. There's a couple people I like to thank personally, but before I think them, I want to thank the residents of North Miami Beach for the commitment, the demonstration. What they demonstrated in nominating me as the State of Representative, I don't take it lightly, lightly, I think it's important. There's a lot of work to be done. Anybody that knows me, I'm what they call a worker. I have come here to put in the work. I've come here to build a relationship. I've come here to see a Notm I've come here to see a North Miami Beach where everybody's working together. I wanna be a part of that. I have come here to a district 107 that needs to work for our friends, our neighbors, everybody in district 107. That is the job I'd like to do. And I wanna personally thanks a couple people that came here. I wanna thank Jose Fentess, he was very instrumental, Max Lawsner. I want to thank a great friend of mine, Mr. Lorenzo Hall. I want to thank a gentleman that helped me the whole time, Mr. Dewey Knight, Henry Adelaise, Patrick Mayer. I want to thank a young man by the name, Mackerson Juntia. I want to thank Mr. Guchin Bernard. There's so many people that I could think and I could name their names that maybe hear that maybe listening, but I want everybody to know that when we get to Tallahassee, we have a state representative that plans to work upon their behalf. All I promise during my campaign is I'm going to put in the work. And I think it'll be demonstrated and I'll have an opportunity to bring you back information, the news and Tallahassee. And we're hoping that every time I come, it's some good news. And I think good news always starts with resources. So those are things we plan on doing. And I want to thank you for just allowing me to just say a couple words tonight. My name is Wallace Aranste, representative elect for District 107 and one of my municipalities. And it's all of North Miami Beach. So I'm truly grateful and thankful. Thank you so very much. I can't miss my city manager, my I want to thank you so much. You have been amazing, your staff. I want to thank everybody city attorney. I want to thank everybody that's here. On this day, I want to thank you for welcoming, making me feel that I'm at home. Thank you for allowing me to be in the house with each and every one of you. Thank you. Mr. Mayor, I just want to say one thing before he leaves. He thanked everybody, but the most important person he didn't thank was his beautiful wife who was there that night. And he admitted she's the one that did the work to get him there. And we are fortunate to have you and your beautiful wife working for our city. Thank you. Thank you for inviting me. Mr. Mr. Mr. Aristede representative elect I want to thank you for stopping by North Miami Beach and just in hearing you describe our city that we live in, it's like you wanna move out and move right back in again because you did such a good job of describing our city and the energy that you're gonna bring to Tallahassee, is so key and so important because the reality is that no matter what side of the aisle that you're on, when someone like you speaks, people listen. And so we appreciate the fact that you're gonna go up like you speaks, people listen. And so we appreciate the fact that you're going to go up there to Tallahassee and fight on our behalf and bring back those dollars to North Miami Beach. Thank you so much. And if I may also, soon to be representative or seed, we have a water plant. It's not in North Miami Beach, but it's our water plant and I'm hoping that one day you take a tour of it because it is something special and something you should learn a lot about. Thank you. Okay. All right. All good. All right. Thanks again. And next is five three presentation of the fiscal year 2024 third quarter budget versus actual report and run short. And even, I'm in commission. Before we do our budget to actual report, I like to introduce our audit partner, Andrew Fairman from Caballero, you're right now, Fairman and Garcia. He's here to present the results of the FY 2023 fiscal audit. So we're going to have Andrew come and do his presentation before we present our finance department budget to actual financials. Andrew. Okay. He started with us. Yes, I know. It's a. He started with us. We love him. He's in North Miami. Okay. He started with us. Yes, I know. He started with us. We love him. He's a North Miami Beach person. And I love you guys. You guys are awesome. Well, good evening honorable mayor vice mayor members of the commission. For the record, my name is Andrew Fierman and I'm a partner with Gauierre Fierman, you know, Garcia or CFLG for short. And as Sophia said, I am the partner in charge of the city's audit. I'm here tonight to provide a brief presentation on your annual comprehensive financial report for the fiscal year in September 30th, 2023. So what I'm going to do is I'm just going to walk through a few of the different sections, point out a few things and paraphrase a few things, and then open it up for any questions as you may have for me or for the finance director. So it's broken up into various sections. There's four sections that it's broken up into. It's the introductory section, the financial section, the statistical section, and the compliance section. So within the introductory section, there's items such as the letter of transmittal, there's information on the structure of the city, and also, and what I wanted to point out, it's on page 11, is the certificate of achievement for excellence in financial reporting. This was provided by the government of finance and office association. It is a prestigious award. The city has gotten the award for the last 32 or 33 years. The city did receive it as it shows here for the 2022 ACFR. This one has been submitted as well and is going to be submitted as well and we do expect that it will receive the award once again as it does meet all the requirements. So again, a very positive thing for the city there. Again, for the last 32 or 33 years having gotten this prestigious award. I'm gonna move right into the next section, which is the financial section. And the very first item within there, on pages 14 through 16 of the document, is the Independent Auditors Report. And that's broken up into various sections. The first section is the opinion section and that's the mostist Report. And that's broken up into various sections. The first section is the opinion section, and that's the most important section. It talks about what we've audited, as well as our opinion on the financial statements in that state. Then we have audited the accompanying financial statements of the city of North Miami Beach as of, and for the fiscal year in September, 30th, 2023. In our opinion, the financial statements referred to above present fairly an all-material respects the financial position of the city as of September 30th, 2023. Now that's an unmodified or a clean opinion and that's of course the only opinion that you want on your financial statements. The next section talks about under what standards we performed or audit and that states that we conducted or audit in accordance with auditing standards generally accepted in the United States of America and government auditing standards generally accepted in the United States of America and government auditing standards. The next section talks about what management's responsibilities are for the financial statements. So management is responsible for the preparation and fair presentation of the financial statements. The last section I'm going to point out is what our responsibilities are as auditors. That states, our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. So right after the auditor's report, running from pages 17 through 30, the document is the managed discussion analysis. And again, if nobody else reads anything else in this document, should read this. It talks about the year. It compares current year to prior year. It provides explanations for those changes year over year, and it's written from management's perspective. It's a really, really good executive summary of what's within the document. And it's basically, it's page 17 through 30, so it's about 13 pages out of this document. It's almost over 150 pages. So again, very, very, very good information within the management discussion analysis. Right after the management discussion analysis, beginning on page 31 and running to page 41 are the basic financial statements. This includes the city's government wide statement of net position, as well as the statement of activities and the fund financial statements for the various governmental funds proprietary funds and the fiduciary funds Main thing that I want to point out here is on page 33 which is the balance sheet for the governmental funds This is the snapshot on that date and specifically in the first column, which is the general fund Which is the main operating fund of the city Going down to the to the bottom of the page there, the unassigned fund balance for the city was approximately 28.3 million at the end of the year. Again, that was at September 30th, 2023. Sorry. You're definitely leaving that. I mean, so we don't have that book. Oh, you don't have the, you don't have a gotcha. Okay. So I will direct you as we go through then as to what I'm looking at within the document. So yeah, I'm pointing out pages. That doesn't mean anything. So I'm just going to move over with that. Yes. Yeah, there is a book in the correspondence. I thought you had it as part of the agenda. I apologize. No, there's an awful link or anything. Yeah. All right. I can provide it shortly. Yeah. So running through the, well, running through the next section after the, after the financial statements, after the financial statements. Can you go back a little bit to the unassigned fund balance? Sure. So you go back a little bit to the unassigned fund ballot amount. Yes, the unassigned fund balance with the general fund. September 3rd, 2333 was approximately 28.3 million. Yes. And there was an overall increase in fund balance within the general fund of approximately 4.4 million. So. This is no fall to be your own. I just want to make sure because it feels at least that we're having issues following with the following along because we don't have any right. You don't have the document. Right. I think Mr. Mayor May I? Sure. I apologize. I didn't mean to. Okay. You're ready. Yeah. So are we able to get copies and then he can come back? Okay, I can Yeah, it's a big document. It'll take a little while to print. I can print the correspondence in about five minutes Is it online? Can we or yeah, maybe they can email it to us or something? I mean, can we can we find it now online? Can we look on the on the compute on the computers we have in front of us? Well, Commissioner Smith's not going to have that ability. Okay, she can sure mine. Okay, we if we can view it online, we have computers in front of us. Okay. Manager, we can, yeah. Okay. You want to run reports and? We're not. I'm going to run the floor. I'm going to go up and get my hands on the floor. I'm going to go up and get my hands on the floor. I'm going to go up and get my hands on the floor. I'm going to go up and get my hands on the floor. I'm going to go up and get my hands on the floor. I'm going to go up and get my hands on the floor. I'm okay. I got some. I'll not sure. Oh, you're fucked up. Next. You're like being grown. But you couldn't do that. Yes, I love this. Yeah, actually. And you're on that. You're raised like something. No. Oh, wow. Oh, wow. So. It's. As can you show me? You can. You can join us when we both go on those Zenfits. You think you want to get these on flights, right? You can get some from here. I'm going to go to the next camp. You're going to go to the next camp. You're going to go to the next camp. You're going to go to the next camp. You're going to go to the next camp. You're going to go to the next camp. You're going to go to the next camp. You're going to go to the the the the the the the the the the the the the the to And the meantime, I had a quick question through the mayor. Can you speak to the state audit and any work that you've done through the manager as well if you can elaborate on the updates there? The state has their own auditors. The information was shared with our auditors that they took a look at it, but that was a completely different audit at the state oversaw. Are there any overlaps with what the state reported and any of your findings for this particular quarter? Or the prior? This audit only looked at the previous fiscal year. The state was looking back, I think it was like two, two, three years and then they were just sampling what our new policies were. So there was no overlap on the expenditures that they were seeing. By the way, while we're working on that, is there a findings or a wrap up or something like that that you can maybe share in the meantime as to what your overall findings were, your overall opinions were as a result of the audit? Yeah, so the quick summary is that obviously the audit is an unmodified, a clean opinion on the financial statements once again this year. We also include in the compliance section which is the fourth section of the document. There's reports back there. There's a report that's required under generally accepted government oning standards. There's also a report that's required under the Federal Single Audit Act. The city was once again subject to the single audit for the grants this year. So within your yellow book report, you're generally sort of governing exchange report which talks about internal controls compliance. There was three findings that we'd report within there. The management has responded to. So there's those and those one related to the, to basically to the filing, one related to the overall financial close and one related to bank reconciliation that they're detailed within there. The management has responded to and put together a corrective action plan for. Okay, so everything that was identified is either corrected or in the works for being corrected. And the works are being corrected, yes. Okay, everybody look at your city email. We've all just got it. You wanna come up? On your phone, fellas. I don't have that phone. Oh. What is he looking at? I don't know what's up. Yeah. You have the document that they were that he's referring to. The exhibit. Why don't we all apply to the recessed upstairs and print one for us? Yeah. Okay. It's main printed. It's coming down. It's coming down. Okay. Yeah. Okay. It's me, printed. It's coming down. It's coming down. Okay. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Thank you. Thank you. Thank you. So it looks like you've all received a copy of the communications to those charges governance letter. Yes, that's the communications those charges governance letter that will be that's also provided with the financial statements. I think I already gave you kind of like the overview on the document, you know, what flows through there as well Which you also have there is obviously the communication with charge of governance letter Did you were you able to access a copy of the annual comprehensive financial report or no? So in that he would be okay great. Yeah, okay perfect. All right, so So just just continuing continuing through the document and just again giving you the overview. One of the biggest parts within there is pages 42,381 which is the notes to the financial statements. And that includes the required disclosures that provide additional information on the city as well as the numbers that are presented within the financial statements. So it's always recommended that those notes are read in conjunction with the financial statements because it tells the whole story. It basically includes details of the numbers that are presented within the financial statements, not only numerical details, but also detailed narrative details which explain things that happened during the year, explain additional information on the numbers that are presented within there. It's going to a lot of good information within there as well, and to be read in conjunction with the financial statements. Now staying within that financial section, because when the second section of the document, there's required supplementary information. Within that required supplementary information, there's budget to actual information, information on the pensions that are required to be presented within there. And that's required under the governmental accounting standards that needs to be included with your financial statements, there should be. The one thing that I wanted to point out within there that's included, which I think is like, is two pages, but it has a lot of good information, is the budget to actual for your general fund. Because it basically shows the original adopted budget. It shows the final amended budget, and then it compares the actual results to that final amended budget. So just high level for total revenues for the year. The final budget was approximately 53.7 million. The actual revenue was approximately 58.3 million. So there was a positive area to approximately $5 million in revenue. So revenue came in $5 million more than budgeted. And on the next page, so it's on two pages. Second page has the expenses. Just overall with the expenses, the final budget was approximately 77.6 million. The actual was approximately 63 million. So there was approximately a $14 million variance between the final adopted budget and the actual results. So again, a lot of good information on those two pages because it shows the results of the general fund, which obviously is the main operating fund of the city. So again, I definitely recommend reviewing that as well when you go through the document. And the third section within the document, we've talked about the introductory section, we've talked about the financial section. Now going back to page 115 within there is the statistical section. The statistical section is actually a section that's required to be included if you want to achieve the certificate of achievement from the Government Finance Office Association. So you need to include that statistical section. So it's, again, it has financial trend information, it talks about debt information, it's got operating information of the city. And the really cool thing about it is it shows 10 years of information. So you can see, you can see like the last 10 years of financial information for the city to see where the city's been and up to where it's at now. It's put together by finance, by getting information from various departments of the city, from places outside of the city. So again, it's a lot of work for the city to put together, but against a lot of really good information for the residents to review. And the last section, which was the section that I was talking about now with your question, Mr. Mayor, is the compliance section, which includes those reports that are required under generally accepted governing standards, as well as the rules of the other general, the state of Florida. And as I mentioned, within there were three matters that we reported that management has responded to. And they're detailed there within the document. And finally, we also received the copy of is our communications to those charged with governance letter. This is the letter that we provide to you on an annual basis of those communications that are professional standards requires to go over with you at the end of the audit. They're all standard communications talks about if we want to point any changes in accounting policies. And we point out within there that there was a new gas be statement that was a new governmental counting standards board statement that was implemented by the city. We point out any footnotes that we think you might want to look at. It's nothing negative is just saying, these are good disclosures you might want to take a look at. It talks about if we had any disagreements with management, which we did not. Overall, I'd like to thank Sophia, her team, the manager, and the rest of the city staff for the cooperation assistance throughout the audit process. Now the city has had its challenges this year with turnover in the finance department and getting through this process. So it's great that they've been able to complete the process and that we're able to be here to present the financial statements to you today. And I'd also like to thank the commission as well for the trust that you've put in me and my firm to perform the audit all of these years and to be able to be with you like as as The commissioner had mentioned earlier, you know through through thick and thin So I really appreciate that as well And I want to say it's truly been an honor and privilege to be of service to the city So thank you very much and again, it's great to be able to be here to present to you tonight and I'll open up to any additional questions you may have at this time. Thank you. Thank you. Thank you. All right, many questions. I just have one. So we had a $14,000, $14 million less that we spent and we received 5 million more than we anticipated. So does that go into the general fund? That's all within the general fund. Yeah, that all has to do, that goes to the general fund, yes. That was that budget actual was within the general fund. So yes. So besides our tax revenue were up 19,000 million? Well, the increase overall, and I'll defer to Sofia on that. The increase overall that you had in the general fund, the net income was approximately just over 4 million and there was and there was also an increase in your in your unassigned fund balance your unassigned fund balance at your end was approximately 28 million. Thank you very much. You're welcome. Okay. Just one more question. Through the mayor. I remember a couple years ago we talked about how we can forecast because these reports are retrospective in nature. So in the last couple of years have you seen that our finance department and our city in general has been able to forecast and has that been able to help us to save money in particular areas or see where there's wasteful spending and things of that sort? Well, just in looking at your trends overall, obviously as of September 30, 2023, just looking within your general fund, you can see there was an increase in the overall fund balance. There was an overall increase in your, on a sign fund balance. So there was definitely, that definitely shows, and then looking at your budget to actual report, you can see that there was within each, within the line items, there was no matters of overspending within specific, within specific line items, specific functions within the city. So that's always a good, that's always a good check, which is why I point out that, that budget to actual report, because it gives you a good idea of how the city scored against the budget. And looking at the budget to actual there, the city did not spend over budget within the various functions. That it. Thank you. And like I said, as far as this being retrospective in nature, I think just speaking from a commissioned standpoint that when I look at these reports, it's really about taking them and seeing what we can do moving forward to just streamline processes and be more efficient. And it's a good thing that we're actually having a nice unassigned fund balance and we're bringing in more than we're actually having a nice unassigned fund balance and we're bringing in more than we're actually budgeting from the last fiscal year. But just want to make sure that we're more efficient as a whole and then how we approach the way we do business there as a city. So thank you for the information and we appreciate you. Thank you. It's my pleasure. and we appreciate you. Thank you. It's my pleasure. Okay, all good. Thank you very much. Appreciate it. Thank you. Okay. Is there any action by us or no? No. No. Okay. Next is public comment. Madam Clerk. Good evening everyone. The mayor and commission of the city of North Miami Beach has opened a 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 or the name of the organization which you are representing. 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 in attendance to exercise civility towards each other at all times. Mr. David Zapin. David Zapin, proprietor of zapintech.com, host of wage theft nation, online radio show. Again, happy holidays, everyone, as we count down to Halloween. As we count down to the election, I hope we get more treats than tricks, as we try to keep in mind how to balance past experience versus plans for the future, the needs of employers with those employees, and similar balancing act. I was a chemistry major long ago, but even my math has limits. So my congratulations to the previous speaker on explaining the finances. And I realize there's going to be a lot of anger, some of it righteous. But thankfully, there is no need to defund the police or the FBI. There's no reason to fear FEMA when they show up with correct credentials. But unfortunately, despite my efforts, there's no rule that says that networks over the air otherwise have to have a social studies school teacher like myself on staff. So you just have a lot of people with big microphones and sometimes dubious resumes. Sure, sometimes they get it right. But unfortunately, just as there is no actual right to vote for president, look it up, push, regor. You know, life isn't fair, but please, if we work together through these, rent bunk just times will be okay. And I'll add a lighter note. This was my postcard a while back. In the future, I hope all candidates will keep a thought to having postcard that actually fit in mailbox. This is sort of spilling out of them. I understand you want to print more information, but too much of a good thing can be just too much. So please, let's try to have some balance because yes, we try not to panic and yet sometimes it is to quote a greater man. Sometimes it's the perfect time to panic. So again, happy holidays and let's be safe out there. Good night. Thank you. Any other speakers? Good evening, good evening. That will be short as we microphone down. Okay. I just phone down. Okay. I just want to thank you City Commission, may I speak and Smith for the wonderful job with seniors. I want you to tell our days. My name is Ludwika Konic. Thank you. Okay. Thank you for a beautiful job. We are only the city that we can be proud of our elected official and we will do everything in our power to make sure that you stay in the power because you are taking care of the seniors and the children. So those are two most sensitive groups. Thank you again. Thank you. I got it. All right, good evening everyone. Melissa Winchester, a reference to the VOTUS Council. Just a quick reminder, next week Monday is our meet the candidate for our re-electing and new people coming. It's a small so out of each row if one person comes great because it's going to be a tight space but we look forward to hearing your new visions for 2020-25 and going forward, okay? Give the address please in the time. Oh, sugar flip. Thank God. The address to Washington Park Community Center is 15 to 90, northeast 15 court. North Miami Beach, Florida, 3, 3, 1, 6, 2. And what time? And the time is 6.30 Okay, thank you 21st Monday night that is to meet the candidates So voters council has invited everybody to come to Washington Park Monday night. Okay, public comments still? I do not have any science speakers. Any thoughts? Okay, so let the record reflect that no one else has come forward. And no, we're on to announcements, Mr. Manager. Good evening, everyone. Gonna go through a list of our October and November events. This Thursday, October 17th, we have FarmShare Drive Through Distribution at Yulita, at 9 a.m. till 12 p.m. On Friday, October 18th, we have Dertulia. It's an event with six different authors at the North Miami Beach Library at 6 p.m. On Saturday, October 19th, Children's Hispanic Heritage Celebration at the North Miami Beach Library at 1.30 p.m. Saturday, October 19th, the same day. They have a book signing event with Daniel Gerard Rosier at the library from 6 to 9. That Monday, October 21st, early voting begins. The following Saturday, October 26th, press cancer awareness event at the North Miami Beach Library from 10am to 2.30pm. That same Saturday, October 26th is Monster Mash Bash here at City Hall from 5 to 9. On Tuesday October 29th is our Washington Park Community Center groundbreaking ceremony at 10 a.m. Saturday November 3rd is the last day of early voting. On Tuesday November 5th its election day. Wednesday November 6th we have community Zumba at ULITA Park. And on Wednesday, November 13th, we have our karaoke night that was postponed at the McDonald's Center. That is all. Okay. Thank you much. Okay, next is city commission reports. Madam Clerk. Commission sign off. Good evening everybody. Excuse me. I'd first like to congratulate Juan Paneanos for being our new acting chief. Juan stand up. So we wish them a happy festive Sukot. Again, everybody heard that the elections are coming up. Please go out and vote for the kids for Halloween. Thank you. Thank you, Mario, for that appointment. I'd like to wish everybody in the Jewish community a hawksomew, which is the next kind of event that's the city of Sioux. Again, everybody heard that the elections are coming up. Please go out and vote for the kids for Halloween. Don't take any candy from anybody you don't know. Make sure your parents are with you. It's very important. There's a lot of festivities that you can go to and not go trick or treating door to door if you'd like. So please adhere to that. Everybody have a wonderful evening. Commission, Florian Mon, excuse me. Good evening, everyone. Thank you so much for coming out to our commission meeting. As commissioner turn off mentioned, on the evening of tomorrow, the 16th. I just wanna make sure I said, right, so cult is the beginning of so cult, right? And I appreciate our team for giving out the pomfroms this afternoon. And it's a festive time of year. Unfortunately, this year is unlike no other for the Jewish community because of what happened on October 7th, but our thoughts and prayers are with the entire Jewish community especially here in North Miami Beach and you know, so but we do wish the community as festive as it can be holiday season. In addition to that, I want to make sure that we keep pushing on the fact that we have the We Care to Share program. And so the amount that people can receive is $600 towards their water bill. So please apply for this program. And the maximum household incomes are listed in the actual form here. So if it's a one person household, maximum is 95,000, two person household 108, a three person household, 122,000, four person household household 122,000, four person household 136,000, five person household 147,000, up to eight person household 179,000. So the reality is most of the homes in North Miami Beach should be able to qualify to receive this $600 towards their water bill. So please apply for this program. the money's here for that purpose. And thank you to my colleagues for supporting that effort. Aside from that, I look forward to an expedient meeting and wishes do come true, right? So we'll see what happens tonight. Thank you. Thank you. Commissioner Jean. Thank you so much. Good evening, everyone. I want to echo the sentiments of my colleagues to congratulate acting chief panellos on the years of service and your recent promotion. So and with that being said as well, I know we had a few Devs in our community By gun violence and so I want to Ask for prayers for those families that have lost loved ones to gun violence, especially here in North Miami Beach and also Ask also for our community to keep our line enforcement in prayer as well as they do a very serious job of keeping our our community safe also to the Jewish community, happy holiday and celebrate with joy. I had the chance to attend an anti-bullying conference put on by Udhanna's Hazel Foundation and the Brain Trust Foundation. That was an amazing opportunity for me to recognize their work. So I want to send a special shout out to them as well. And for breast cancer awareness month, for those women and men as well, please get checked out. Make sure you do your annual mammogram. And as you know, October is also domestic violence month. So we empathize with victims as we champion their safety. Thank you so much and have a great meeting. Mr. Mayor, I think I left about 10 seconds on out of my three minutes. I just wanted to add that, you know, congratulations to now acting chief paneos. I also wanted to say that, you know, it's two, what I feel are brothers, that are really have always been working in our police department to make it better. And so acting deputy chief as well, Mr. Stewart Nichols, I also wanna congratulate you as well. Okay. Thank you. Thank you. Congratulations. Thank you very much. Congratulations. Commissioner Joseph. Thank you, Madam Clerk. Eglita St. Senamis. Happy holidays. Hoxamag. Good suckers. Hoxamag. Hoxamank. Hoxamank. The Yiddish way. Hoxamank. Also, I want to commend the city manager and staff. We had a close call last week in regards to the hurricane. I think we showed the community that we can be very active and diligent and really being able to supply sandbags and keeping them informed. So I want to commend the staff for being at the ready. And we had a lot of people on the community on Facebook saying thank you so very much. And I want to commend you guys for all that great work. Hurricane season doesn't end to November 30th. So please everyone stay vigilant out there. And we might have another one, hopefully not. That's, I know, I know, that's spinning out there in a Caribbean, Nadine. Nadine, Nadine. Hopefully it doesn't head our way. But again, please stay safe. Make sure that you're cutting your trees, doing the best you can to make sure that you don't have any projectiles out there. You know, this is starting to be the a lot of work to get the new director out there. You know this is starting to be the normal for us. We have these bursts of activity in the Caribbean and then it kind of slows down. But those those quiet times that it looks like is going to be coming to an end. So I just want you guys to stay diligence. Stay safe. Stay blessed. And thank you. Commissioner Smokler. Thank you and good evening everyone. So I also want to congratulate our new acting chief major, Juan Pogneo. So does he keep the title of major? Does that go away? So it's just acting chief, okay? So congratulations and also to our acting deputy chief who doesn't keep his title either as major. Okay, so congratulations to both of you. We know and now that the police department is in a great place. So I'm so excited to be a commissioner with both of you at the helm. I want to wish all my Jewish friends and families a Haksa Mayaf Sukot and Joy is Simhattora. We were pink here today because we are recognizing breast cancer awareness month. Last night I was an event totally not related to breast cancer and I bumped into an old friend of mine from when I was probably 10 years old and he told me that his wife couldn't come because last week she had a double mastectomy and how did he discover it? He hugged her. And when he hugged her, he felt something was off. And that's how he discovered that she had breast cancer. So the power of a hug is amazing. Yes. We also at the North and maybe each library and October 26th we will be doing something special as always at the library we do for breast cancer awareness and it will continue on on that day to the manager's office. When we had that storm back in June we were probably like the only city that didn't flood. We did an amazing job and once again, even though there was no flooding this time. But once again, I was on the daily calls twice a day with the CAVA's office and we were super prepared. The police department, public works, our managers office, I don't know who I'm missing, but whoever I'm missing, everybody, all of staff, we were super prepared. Thank you all for making sure that our city was going to be safe in case we didn't know wasn't coming this way, but you know what? Better safe than sorry, right? And thank you, as always, thank you to the North Miami Beach Police Department for protecting my family, my friends, my neighbors, my family, my city staff, employees, everyone, and visitors, everyone in North Main, and me, myself and our commission. Thank you so much for always being there for us. Vice Mayor Smith. Thank you. I want to say first and foremost that it is not only breast cancer month, but as you know, it's also against violence. And violence can happen in a lot of ways. You think of violence maybe between a man and a woman, but those that know or cook and like I know that John television she always says I'm not a chef. I'm a cook. She wrote 15, 20 famous cookbooks and she tells the story that she never had children because she thought she'd be a terrible mother because as a child, her father used to drag her around the house by the hair. So violence works in very funny ways. Pay attention to your children. Pay attention. I walked in the pouring rain last week against violence, and they came from all over the day county to walk with us. But it's not just a man, it's not just a woman, pay attention to your children, see if they changed their personality, see if you notice something about them that's different. And then if they don't want to talk to you, encourage them to talk to clergy, encourage them to talk to counselors school. But make sure your children are not being bullied or being abused by a neighbor, a family member, who knows? That's very important. And the other thing I'd like to say is, we are very lucky here in North Miami Beach Commissioner brought it up but we have the command center right here when there's a storm. Our manager spent the night here in the city to make sure that if not only North Miami Beach but neighboring communities needed our help, we were ready to go. So with that, I too want to thank our new acting chief, panelists, and I also want to thank our deputy and these two men, Mr. Nicholas, they work together. We are in very good hands and thank the manager for making sure of that. The thing that I want to also instill upon everybody because everybody that doesn't know, we're all gonna celebrate my 58th anniversary on Halloween. 58 years, so this medal may be dipped in something else because I may have deserved that or maybe he deserves it. Those that know me. But you know because of that my mother-in-law had warned me she was married on Halloween and her brother-in-law and sister-in-law were married on Halloween. She had warned me don't get married on Halloween because you can never go out. You have to stay home, give out candy, take care of your kids, take care of your house. Well, I have stayed home for those 58 years and I can tell you it's very important that you watch what your children do. I get over 1000 kids at my house. We really get bombarded. Watch their costumes if they don't trip. Watch that they run up to dogs and they don't get bitten. Watch what they're putting in their mouth. Especially little ones with hard candy. Don't let them choke. So Halloween is a fun time. We have an amazing program here in North Island Beach. If you haven't been to it, come when the manager goes through it. He scared to death. We kind of have to hold his hand and make him go and there's candy at the wasn't it funny? I still remember it. You think he's a tall big man's man? Just put a ghost in front of him or which? You'll see a whole different personality. And at the end, there's candy for the kids. So there is a safe place to go. Come here to our monster bash. And I wish all the Jewish friends a happy holiday. I wish everybody a safe, safe, wonderful holiday, not only this Jewish holiday, but also for the Halloween, the Thanksgiving that's coming up and the Christmas. We have to take care of each other. We have to take care of each other. And I want to tell you all, thank you so much. Thank you for being here. And the big thing of all, remember to vote. And if you want to know who you're voting for in North Miami Beach, come down to Washington Park next Monday night at 630 and meet your candidates. What time? 7. Come down to Washington Park at 7. If you get there at 630, I don't think it may be there to open the gate. But come at 7 to Washington Park and meet your candidates and please everybody vote. Vote early voting is an adventurer or a North Miami library starts next Monday for 14 days and then of course on voting day or 12 days for 12 days. So don't go on the 13th and 14th day because won't give in. And everybody please come to Monster Bash and walk with the manager. We charge a little extra because it's so much fun to walk with the manager. But you'll enjoy it. And everybody just stay safe and good night. Mayor, I want happy anniversary, Woody. Mayor Piper. and good night. Oh, and happy anniversary, Woody. Mayor Piper. Hi, thank you. Congratulations to acting chief Juan Paneos and Deputy Chief Stuart Nichols. Enjoyed working with you in the past and looking forward to working even closer with you going forward. To a little bit of service to our business community, wearing my NMB Chamber hat for a moment. There's a networking lunch this coming Thursday at the Golden Cherry at Restaurant. Well, there might be, we know people. And then there's an evening networking event. This is a good one because at the Chamber, we are serious about business, but we're also serious about fun. And there's a Halloween party at the St. Fort's funeral home on October 30th. So if you wanna come to the spooky Halloween party at the funeral home, yeah, that's a good one. Very good, decorateorate unbelievable. Yeah, and there are a couple little secrets I'll share is that there's going to be a Michael Jackson impersonator tribute kind of person there as well as some other fun things happening. So definitely something to check out. Other than that, happy Jewish holidays, Hawksomeah, happy Halloween, and in the event we don't meet before Thanksgiving, and I know we're reaching out there, but in the event we don't meet before then, happy Thanksgiving. So, that's why I covered Thanksgiving. On behalf of the whole commission. So, all right. The last we did say that there were no more seats to everybody. You need to get it. Okay, and with that I will conclude, thank you. For what? For the consent. All right. So, next we are on to the consent agenda. Move to approve. Second. Okay to approve. Second. Okay, good. And Mr. Attorney. Item 9-1, budget workshop minutes of August 21st, 2024. Item 9-2, budget hearing minutes of September 10th, 2024. Item 3, 9.3, commission conference minutes of September 17th, 2024. Item 9.4, regular commission meeting minutes of September 17, 2024. Item 9.4 regular commission meeting minutes of September 17, 2024. Item 9.5 budget hearing minutes of September 25, 2024. Item 9.6 resolution number R2024-110. Approved change order for swimming pool chemicals from Allied Universal Andrew Pock and Poxford Recreation Director, resolution of the Mayor and City Commission. The City of North Miami Beach Florida, approving and authorizing a change order of the contract with Allied Universal Corp for swimming pool chemicals, increasing the contract amount by $25,000, authorizing the city manager or designated to do all things necessary to effectuate this resolution, providing for conflicts, scriptwriter errors, severability, subject to budget appropriations and availability of funds, and providing for an effective date. Item 9.7, resolution number R2024 Ash 111. Approved cloud-based phone systems, piggyback with Ring Central, Recorder Castillo, Chief Information Officer, Resolution of the Mayor and City Commission. Of the City and North Miami Beach, Florida, approving a piggyback contract between the City and Ring Central Inc, for the purchase of unified communications equipment and software authorizing city manager designated to do all things necessary to effectuate this resolution providing for complex, providing for scrivener errors, providing for severability, subject to budget appropriations and availability of funds, and providing for an effective date. Item 9.8 resolution number R2024-112, approved recommendations of award ITB 24-011 as the AS pest and rodent control services. Sam Zemekona, Public Works Director. Resolution of the mayor and city commission of the city of North Miami Beach Florida, proving and authorizing the award of invitation to bid number, ITB-2024-11. AS pest and Rodin Control Services with two lowest responsive and responsible bidders. Northwest extermination company LLC and tower pest control ink. As primary and secondary vendors, respectively, an authorization authorizing the city manager or Designee to execute an agreement with both the primary and secondary vendors and an estimated annual budgeted amount of $90,000 authorizing the city manager or Designee to do all things necessary if it's drawn this way Sorry here. To effectuate this resolution and subject to the budget appropriation and availability of funds and providing for an effective date. Resolution 9.9, item budget item 9.9. Resolution number R2024-113, approved for piggyback contract with Goodyear Tire and rubber company for the purchase of tires, tubes and services. Sam Zammekona Public Works Director. Resolution of the mayor and city commission of the city of North Miami Beach Florida, proving a piggyback contract between the city and Goodyear Tire and rubber company for the purchase of tires, tubes and services in an estimated annual budget at amount of $370,000. Authorizing the city manager designated to all things necessary to effectuate this resolution, providing for conflicts, providing for screverender errors, providing for severability and providing for an effective date. Item 9.10, resolution number R2024-114, approved Florida International University North Campus, Biscayne North Miami Beach, transit overlay district master plan grant. Edward Eng, interim community development director of resolution of the mayor and city commission of the city of North Miami Beach, Florida. Approving an authorizing the acceptance of the Miami Day transportation planning organization by the day TPO, municipal grant administered by Miami Day TPO, authorizing the city manager or designated to do all things necessary to effectuate this resolution, providing for conflicts, providing for skirvener's errors, providing for severability, and providing for an effective date. Item 9.11 resolution number R2024-115. Approved agreement for traffic congestion at 163rd Street in Biscayne Boulevard. Sponsored by Commissioner Fortuna Smucker. Resolution of the City Commission and the City of North Miami Beach Florida expressing support for collaborative requests to the Miami-Dade Transportation Planning Organization and the Florida Department of Transportation. To prioritize a study addressing traffic congestion at the intersection of 163rd Street and Biscayne Boulevard, authorizing the mayor and city manager to execute a joint letter with neighboring cities providing for distribution and providing for an effective date that is your move to adopt. Second. Second. Okay. I'm all in favor, Sally. Aye. Any opposed? Passage unanimously. Thank you. All right. On to 11-3 that we're going to take out of order. So let me get up, yes, Mayor. And we need a motion and a second to introduce 11.3. Motion. Second. Okay. Mr. Attorney. Item 11.3. Resolution number R, 2024-118 approve. Special obligation bond series 2024 for Washington Park site. Construction, it's a Fiatale or Interim Finance Director. Resolution of the City Commission of the City of North Miami Beach, Florida authorizing and providing for the issuance of special obligation bonds. Series 2024 parks project in an amount, not to exceed $30 million. For the purpose of funding the project and paying costs to the issuance. Providing that the series 2024 bonds shall be limited, obligations of the issuer payable from non-advalorem revenues, budgeted, appropriated, and deposited as provided herein, delegating the award of the sale of the series 2024 bonds to the mayor, making certain provisions and delegating certain responsibilities with respect to the execution. Excuse me. With respect to the series 2024 bonds, approving the form and authorizing the execution and delivery of a disclosure dissemination agent, approving the form and authorizing the execution and delivery of a bond purchase agreement, approving the form of a preliminary official statement and delegating to the mayor or the finance director, the authority to deem final for certain purposes, and approve the use of and distribution of the preliminary official statement and execution of a final official statement with respect to the series 2024 bonds. Appointing a registrar and paying agent, providing for the rights, security, and remedies for the bonds, I'm sorry, remedies for the holders of the series 2024 bonds, authorizing certain officials of the issuer to execute such series 2024 bonds and all necessary documents on behalf of the issuer and to take all actions required in connection with the sale issuance and delivery of such 2024. Sorry bonds. So, I'm going to take all actions required in connection with the CO issuance and delivery of such Bonds. Yeah, with Respect, Reminies for the holders of the Series 2024 bonds authorizing certain Officials of the issuer Dexecute such Series 2024 bonds and all necessary Documents on behalf of the issuer to Take all actions required in connection With the sale issuance and delivery of such series 2024 bonds making certain covenants and agreements in connection there with repealing all resolutions and conflict here with providing for a severability and Clause and providing for an effective date motion to approve second Okay and providing for an effective date. Motion to approve. Second. Okay. I guess we've got Sophia to speak on the item. Okay. Hi, Mayor, hi commissioner. Staff brought this item before you for approval for the issuance of a no more than $30 million bond to fund the Washington Park construction project. The details of the bond will be forthcoming as we move forward after approval of this resolution then we'll move forward. Also I have Ms. Jill in the heron. She's a bond council and she will answer specific questions that you may have concerning the issues. Mayor, as you know, the Washington Park project is a subject that is so dear to everyone's heart. And in order for the city to move forward with the construction of the project, we've decided, staff has decided that issue in the bond with be the most effective way, financially sound way to complete this project. Because the city does not have a capital projects fund that we've been building up over the years. So we're issuing for the funding which approximately 1.5 million per year for debt service over the next 30 years. And I have Jolinda to come up and speak on specifics for this issue. Thank you. Good afternoon. My name is Jolinda Herring. And I'm with the law firm of Brian Miller Olive. And we do service your bond council. So this transaction, as Ms. Taylor said, we're asking you to authorize not to exceed $30 million. This deal is a little bit different from the last transaction that you approved. When we did the bank loan for the settlement agreement. So in that case, it was a bank transaction. We knew who the bank was. We knew what the interest rate when we came to you. This transaction because of the amount of $30 million and the desire to stretch out your payment, oh, right, 30, your period, the best course of action would be to go out to potential investors out in the market to be able to get the best rates on the dead. So in the resolution, we have delegated certain parameters to the mayor that if those parameters are met, then we can award and sell the bonds. And those parameters, including an interest rate that would not exceed 6%, which is kind of wanted to give ourselves a little bit of cushion. We don't think your rate will be that high, but we wanted to have the ability to do that, and that the bonds will mature no later than November 1st in 2054. And so that is the crux of the transaction. If there are any questions. Okay. Any questions for the presenter before? Because then we need public comment that we can have discussion. So I think before we have discussion here, we'll let's go and have public comment. The floor is open for public comment at this time. If you wish to speak, please come forward. Mr. Mayor. for public comment at this time, if you wish to speak, please come forward. Mr. Mayor. Okay, but the record reflect no one came forward. All right, now Mr. Trouff. I think it's a great idea. My only question is to the manager. If we have some grants already, isn't the total amount of the Washington Park, supposedly around $24 million and we're giving a cushion there and so why aren't we subtracting the seven or whatever amount we have already from that. In the seeking of up to 30 million we're accounting for contingency amount for any unforeseen or overages that might come up. Our estimates are based on our engineering drawings, but we don't know what the exact cost would be until the procurement of those buildings come in. On the agenda, you will have one component of the project tonight. We estimated that the force main and the sewer project for Washington Park that's needed to be built in order to build the community center. Our engineering estimate was between two and a half to, I think, three or three and a half million dollars. The actual bid price came in at over five million dollars. And so we're seeking an amount to make sure that we can help cover any of that type of costs or even if we come in within our engineering estimate, once they start digging dirt, if they find something underneath and there's a unforeseen circumstance or something that might happen, we have that contingency built in so that we can continue to move forward. Thank you. Okay. Anyone else? Mr. Smith. Thank you. So, I want me to ask you a couple of questions about the bond. What would be the interest rate if you did not have to go out to private investors to get a bond right now? What do we do here last one? Okay. It was like the reason. Okay. So, if you remember, this is probably about a month ago, we were before you on the settlement. I think their interest rate, I don't have it written, but I think it was about 3.5. You was mic-front a little bit closer. Yeah, close to the lease. Yes. So if you remember, when we did a bank loan, we went to a bank for the settlement the interest rate on that was about 3.5% That was before the fed rate rate cut right or no correct right Okay, so my question is What would be the amount that we would go to a bank? Not 30 million let's say it was 15 million or let's say it was 18 million or 20 million. What would be the amount that you would feel comfortable going to bank? So generally you would go to a bank if you were in the 5 to about 15 million range. The differences here, you can go out and you're dead with mature in 30 years. A bank will not go more than 20 years, and generally they wanna go 10 years. And so the shorter your maturity, that means your payment on an annual basis will be higher. So by stretching it out over 30 years, it allows your payment to be lower, something which would be much more affordable and affordable. No, I understand that. I am very disappointed in the last bond that we got a month ago, that it was a 10 year payout, and we have a three year or five year obligation. I forgot what, I think it's only three years. And then we pay a penalty from three to six years. So I don't want that to happen again here. We're gonna pay if we don't use the whole 30,000, we still, 30 million, if we don't, it's very difficult to roll that out of my mouth. If we don't use the 30 million, then we pay it penalty. So would it be who of us to do increments instead of doing it all tonight? As the commission said, we have money put aside. We've been given grant money. And would it be better because the difference between three and a half percent, a private lender at 6 percent is not going to come down dealing with mortgages. That's whatever the bid is, that's what's going to be. Yeah, so we really don't expect it to be 6 percent. I mean, that is a very conservative figure. But then it'll be 5 percent and maybe we have an opportunity to get it at 3.5%. And then we can come back whenever more money is needed, especially being as the auditor said we had a surplus of $4 to $5 million. I mean, I feel the same way you felt. I called him in reference to the $30 million today and said why aren't we going for 22 million? And then if we need more, we can always come back to the plate. Because when money's there, somehow you find a way to spend it. Mr. Mayor, some clarification please. Yeah, so just for clarification, if you will remember with regards to to the, on the audit, on the, on the, sorry. Nice sign. Unassigned fund balance. We've moved most of that money into our CIP program during our budget, so we don't just have $4 million sitting in there or the 19 that was used on the budget process in line with what our policy is that we can invest those monies into CIP projects if are over the 20%. With regards to going back out, once construction starts, we're anticipating construction to be completed by the end of 2026, by the end of the year. So essentially what we would be doing is going out now for a lesser amount and almost immediately going back out to do it because the contractor is going to be regularly invoicing at a certain pace. And so we would have to have that money available to go in. The federal grants do help offset the overall cost of the project but that's in the total amount of the project because all of those grants are reimbursable grants so we don't get that money upfront, we get that money after we've spent it. So we I would not recommend going back out immediately after we do it. I would recommend going the, as it was explained to 6%, is the operating limit, and it is a very conservative amount. I don't believe that as the competition will go forward, someone may say, okay, they can go up to six, so I'm gonna offer six, but their competitors are also gonna want that, and that's gonna be a competitive market. So you're gonna get, I think, a very good interest rate that comes in, and as noted, interests are starting to go down, so I think we'll be favorable, but I think if we're gonna go out, we need to go out once, not multiple times incrementally, because that will stall the project overall if we don't have that money available for the contractor. Let me ask you because my understanding with the conversation with the manager is if we only spend 22 million, we still have to pay on the 30 million. So that's where I'm asking if we can have an alternative to what we may need and what we will. We can maybe in the future we're talking two years here. Thilis, maybe this will help you. Is there any pre-payment penalty? Yes, you're going to pay for the, you're going to pay for it? So yes, so you will not be able to pre-pay for the first 10 years, however. A response to your question, if you only use 22 million of the $30 million, you do have a couple of options. Number one, you can use the remaining $8 million on another capital project that would have to come back to you here to your commission. And you would vote on that. And then you would be able to repurpose those funds as long as the capital project. No, for the same rate, for the same rate. Correct. The other option is that you would be able to use some of those funds to re to pay your debt service down. Pardon me, you can use it for what? To pay down your debt service down. Pardon me, you can use it for what? To pay down your debt service. Right, right. You'll be able to use a portion of that to pay down your debt service. The, when you say it's locked in, it's locked in it. Under six percent, we don't know what the number is, but if interest rates go to 3% or three overall, we're locked in at the high rate too. Don't forget that if it goes down. So, that's the only question I have because this has to go forward, like the other bond had to go forward, but that was not a good deal. The city, that's six years that we're going to pay for. When we don't need the money, doesn't even make sense. So I just want to make sure this deal, this bond is the best thing for the residents. Well, we always say that, but we're different here. I don't want to mention it to you $8 million. We have money put away. One question is that- They can million. If we were sitting on additional funds, are we able to invest those funds in a safe mechanism that's interest bearing to offset what we're paying? Yes, you can. Yes, so in other words, Commissioner Smith, if we're paying. Yes, you can. Yes. So in other words, Commissioner Smith, if we're sitting, let me hear how we're going to do that. How are we going to do that? Well, I was engineering this. You were, but like you're not the one going out with the bond people. So once we issue the bond, we close, we receive the funds. The funds are invested. And as we are paying our contractors or whatever we're drawing money from the investment account to cover our expenditures. So we are investing the funds for the project. So it's earning interest from day one because we close today it's invested tomorrow. So as we pay out we're drawing the funds from the investment accounts so we're garnering interest earnings as we move along until we've completed the project. So in other words, if we're paying 5% for it and we have a temporarily invested at 3%, then really the cost us effectively is only the two percent correct. Okay, let's give it to some solves. Yeah, so. Thank you. Okay. Five minus three is two. Thank you very much. It's, you know, it's not meant to be an investment per se, because we have to watch out for arbitrage, because if we do earn more than, you know, we're paying, it's an interest free bond or tax free, tax free bond. So we have to, we're earning at a moderate interest rate, three, three and a half percent, whatever the market is offering. And then we have those monies we where offsetting our debt service payments. So in the long run, we're getting the Washington Park project built. That's an important thing. But I have to tell you, we've been sitting up here for the last couple years, two years that I've been up here before that when I wasn't here. And we keep talking about the project and yet every time we talk about it, it goes up another $2 million and $3 million. I see how that's the problem. But at the same time, we have to be responsible because it's almost a third more than we've been talking about putting away. We got $3 million from our representative. We got another, I think, million dollars from, so we've been talking about and putting away money. And now, after all that's been done and we have a little pile, we're going over by $8 million, maybe $10 million on this bond. And it's in the conversation of the numbers that I'm up here. Yeah, I understand that. So it's concerning. It is concerning, but as Jolinda mentioned that we're able to repurpose those. We have several projects that are waiting to be funded. So the amounts that are not spent on Washington Park will be able to repurpose those funds on additional projects that are currently needed. I didn't realize that we didn't mention that Mr. Manager that you can repurpose that bond or something else. Yeah, we just have to come back and get the commission's approval for whatever project we decide if we have available funding once the project is complete. There's no problem with the bond that, no problem with that. Thank you. Yeah, no, I will say we don't generally like to do that because we are bound by the rules of the internal revenue service but they will allow that under certain circumstances. So what I would say, and say to your staff that if for some reason you're not able to use let's document why Whether it's you know you got Good construction bids and they came in really low the project went really quickly Whatever those reasons are make sure I hope we're still looking for outsourced outside funding or it's still looking for people to I hope we're still looking for outsourced outside funding. We're still looking for people to, I hope, we're still looking for that. And commission may have to say something. When we did the RFP initially, we did have offers for direct placement with banks and their prices for three times higher because of direct placing. If they're gonna do a 30 year,-year bond, we're going to have to pay more in interest rate. And that was why the reason why we decided to go out to bid and post them on in the open market. It doesn't change in residential real estate. It doesn't change if you have a 15-year mortgage or payments much higher, but your cost for the mortgage is much lower. So- They were doing basis points. They're interested based on for 30 years, 25 million bond. They were asking for, I think it was 4.5 or 4.5 basis points, it's really high. So that would have tripled or quadrupled our interest payments. And private lenders have no points or low points. It's the same, it's market drivelin and since they're in the business of making money. So they're going based on the market, but they can drive that price if we're doing direct placement. They can say we're offering you the money at this interest rate. We can take it or leave it or we can go out on the open market and it's a competitive process. So we're going to have more, you know, lenders vying for this loan. So we can garner that lower interest rate when we have more competition. Mr. Mayor. Okay, I tell you, it's fun. Thank you. It's always that brevity thing again. Well, listen, Commissioner. Commissioner Smith, what brevity is? No, me and Commissioner Smith, sometimes we read from the same. $30 million comes very easy to you. so you don't have questions I have. But you know what, as a result of Commissioner Smith's questions, I think everyone here qualifies for a certification in bonds. So we'll be handing out those certificates. Because we didn't learn a lot about bonds, right? But the reality is what's been the most expensive cost is not acting on this project. That's the reality. And I think everyone up here wants to see it get done. But this is the one project that I'm, you know, we've celebrated over and over and over and over and over. And and over and over. And it's cost double. And it's cost double. It's cost double and even more. But because we've only been celebrating and not getting the work done, right? So honestly, I'm at the point where these numbers pale in comparison to the completion of what has been promised to this community for 40 years. For 40 years. I've watched people in the private sector, people in the nonprofit sector, fund buildings that are $60 million out of their own pockets, you know, with contributions and donations from members, et cetera, et cetera. And we as a government with a tax base and all of these other opportunities for funding, it's 40 years and we still haven't been able to get this done. And so, you know, obviously the team now, you know, can say, well, it's not all us. It was the team before and the team before can say it's not all us. It was the team before. But at some point, someone has to say, let's get it done. And what I appreciate about this team is that they're saying, look, sometimes you just have to go and ask for it. Okay. Because when we thought we were putting money aside, we were just recycling the dollar and we really weren't putting money aside for this. And now we're at the point where we can't keep kicking that can down the road. Is that the term? We can't kick the can down the road anymore. And this administration is saying let's go ahead do what we got to do to make it happen. We have a ribbon cutting that is set, not ribbon cutting, I'm sorry, a groundbreaking that is set for Mr. Manager, what's the date? October 29th, okay, so we have a ribbon cutting, there's no going back. Like I said, what's cost us the most is waiting and not getting this thing done, and respectfully I'd like to call the question on this item. Okay, well, the commissioner has quick. The commissioner's smuggler had something to say, but after her, I'd like to call the question on the item. So, a commissioner, a floor monitor, so we keep on celebrating and celebrating. We're going to have two more celebrations. The groundbreaking on the 29th and the ribbon cutting and Mr. Manager, what is the estimated time to December 26th? December 26th, okay, so sometime in 2027. But, you know, so I see two scenarios here that either because, unfortunately, everything keeps on going up in price. And I mean, we think we know what it's gonna cost us. Anything can change from here to the construction actually begins. So two things could have me, that we're not gonna have money left over because of the construction cost or maybe not even enough. Or if we do have money left over I know that it's big to commission or Smith we can work on a high-level village doing something really nice for them with that money so that's all I want to say but I'm ready for you to call the question. Second. So I'm going to call the question money is no longer an excuse for the team. Second. So I'm going to call the question. Money is no longer an excuse for the team. Second. So I'm going to call the question. Okay. So we've got a motion. We've got a second. And I have just had a point of privilege after the vote. Go ahead. I'm sorry. Was there something you wanted to say? No, just a point of privilege after the vote. Okay. All right. So on favor, say aye. Aye. Any opposed? Passage unanimously. Okay. Thank you. Thank you. You wanted a point of. Oh, I'm sorry. No, no, okay. So when we weren't because we just so we can get a little bit of history. When we're going back and we're trying to figure out how we're going to settle or resolve the whole water issue, which I think was like, that was a tough pill to swallow in regards to how we're gonna service it, how we're gonna pay for it, and I'm glad the team came up with that idea, and from that idea I reached out to them, I say, well, we can finance that. Why can't we finance other capital projects? And so I'm glad they took that initiative, and finally, the money is secure. We will be good. We'll, you know, we'll still be going out trying to get additional funding from whoever is willing to support Washington Park and North My Beach in general. So I'm just happy that we're that as Commissioner Flow and my point pointed out that we do not have money as being an issue that we're going to get as much money as needed to make sure this project finally gets completed. Thank you. Mr. Mayor, may I follow up on the Commissioner's point? Commissioner Joseph Point. Just on the record, I just want the manager to say, well, well, no, let me let me let me replace that on the record. I'm going to ask the manager a question and I want him to answer. Is this project fully funded at this point? With the bond, yes, we have everything based on our estimates and even some contingency to do in there. Could something else come up, but we feel that we have enough to fully fund that project and to get it underway, build and have a ribbon cutting so that the community can begin using the facility. Thank you. Thank you so much. Thank you so much. Okay. Okay. So now we're going to move back to 10-1. So we need a motion. Move to introduce ordinance number of 2020-1. So we need a motion. So we introduce ordinance number 2024-12. And you need a second. Second. Oh, second. Thank you. Okay. Mr. Attorney, 10.1. That's mayor 10. Item 10.1 ordinance number 2024-12. Second reading, the offices of NMB LLC request for zoning map amendment. Edward A. Enter and Community Development Director. An ordinance of the Mayor and City Commission in the city of North Miami Beach for approving the rezoning application to allow for an amendment to the zoning codeels located at 170, 33, and 170, 51 North East, 20th Avenue, providing for the repeal of all ordinances or parts of ordinances in conflict, they're with, providing for severability, codification and for an effective date. Motion to approve. Second. and for an effective date. Motion to approve. Second. Okay. First, Madam Clerk, Jennings disclosure. Jennings disclosure forms were received from Commissioner Jean. Per resolution R95-24, the subject matter of any ex-party communication, together with the identity of the person, group, or entity making the communication shall be disclosed and made part of the record on file with the city prior to final action on the matter. So we'll start with Commissioner Scharnoff. None that I know of and I can keep an open mind what I hear tonight. Commissioner Florian-Mann. Step that for a moment. Commissioner Zhao. She had the form right. Oh, she did a form. Commissioner Joseph. Go put a mic. So mic for the mic. I'm going to go to the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the, I've not spoken to anyone about this matter and I can make a decision based on the evidence presented to me this evening. Thank you. Commissioner Smokler. I spoke to the city manager on this matter and I can make a decision based on the information I hear here tonight. Vice Mayor Smith. I don't believe I spoke to anybody on this matter and I can certainly make a decision based on what I hear tonight. Thank you. Mayor Piper. Best of my knowledge, I've not spoken to anybody on this project and I can make decision based on the information received tonight. Okay. Thank you. And now we need to swear in the speakers, Madam Clerk. Okay. If you plan on providing testimony, please stand and raise your right hand. Members and audience, none. Okay. Do you sound me swear that the testimony you're about to provide? Shall be the truth, the whole truth, and nothing but the truth to help you God in your responses. I do. Sir, your response? Yes. Thank you. Okay, the string. Thank you, Mayor Commissioner. You recalled that item was before you last month as well for office of NMB, the reason why normally you hear quite a digital item one, but you are hearing the second time because under the way our ordinance are Tadyco ordinance written you have to hear the rezoning twice So that is why unlike a side plan approval you're hearing this the second time The quick refresher did the the folio number 07 2 2 0 9 0 0 6 0 5 0 3 and 0 7 2 2 0 9 0 0 0 6 0 5 0 3 and 0 7 2 2 0 9 0 0 0 6 0 5 0 2. These are two properties at 1701 and 1705 1 North E 20 Avenue right behind the city hall and the request is to change the current don'ting from arm 23 with the residential mid-right multifamily and to a B1 limited business district where the current existing land use or two residential triplexes and the future land use designation is office building that would previously heard by the planning and zoning board and moved for recommendation of approval to the commission by vote of 7-0. You'll see in the map currently it's armed 23, but it's surrounded by residential office, but the future land use designation for business. So the armed 23 designation that you currently have, it actually, and zoning it, actually inconsistent with your future land use designation. What the owner wants to do here is really come in and you'll like the property at the title property with the very low intensity and use. The reason they apply for B1 instead of a residential office, is if you redone it to a residential office for the youth they're trying to go for, that we also involve another form on profit on top of this, for a conditional youth for their business, on top of the rezoning that we have at this time. As we've all rezoning, there are certain conditions within the code that we require to review that stuff from your behalf. And that is whether the proposed chain would be considered in the growth objective in the policy to comprehend the plan. That's not with neighborhood pattern. That doesn't create bot-noning or alter the density pattern or create that inconsistency. And rather, we found in our review that because you have a business as a nation as I mentioned, you're bringing something with this redoning that is inconsistent with your future land use map and your comprehensive plan to something that would be consistent. The author of the board of board that evening are to either move for approval of the redoning on second reading or move for denial. The applicant is here, do you have any questions and staff is happy to answer anything that you may have questions on it well Okay Anything but we need to pull the comment before we get to deep into it. So All right is Madame Clerk is here no Okay Yeah, we can do it. Here she is. Jennings report from. Oh, you were missing one Jennings? Yes. Okay. All right, Madam Clerk, so we've got, we're missing one Jennings and then when you public comment. Commissioner for all you want? I have a question. I have a question. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. Commissioner. if you wish to speak on this item, please come forward. Okay, but the director of the reflect, no one came forward, public comment is closed. And any comment from the commissioners? Good luck. Thank you very much. Thank you. Say good, say good. I think it's an addition. Okay, all right. So we have, we do have a a motion we do have a second. I think we just need a roll call. I think we just need a roll call. Yeah. Commissioner Chenoff? Yes. Commissioner Floyd-Mont? Yes. Commissioner Chenoff? Yes. Commissioner Joseph? Yes. Commissioner Smuggler. Mayor. Mayor. Yes. Vice Mayor Smith. Yes. Mayor Piper. Yes. Yeah, in the past is 70. Thank you. Congratulations. Thank you very much. Thank you, everyone. Okay. Mr. Mayor, move to introduce resolution. Congratulations. Thank you. Thank you very much. Thank you everyone. Okay. Mr. Mayor moved to introduce resolution R2024-16. Okay, that would be item 10.2 and Mr. Returning. Sure. Item 10.22 resolution number R2024-1166 approving or denying variances for 174 shops and we're adding interim community development director. Resolution of the mayor and city commission of the city of North Miami Beach Florida approving or denying a variance from section 24-52-D5 to allow for a minimum pervious area of 13.5% in lieu of the required 20%. Proving denying a variance from section 24-122A1 to allow for a 0.0 feet landscape buffer, where 5 feet is required. Proving your denying of variance from section 24-122B1A. To allow for a five foot six inch landscaped island in lieu of the 10 feet required. Proving your denying of variance from section 24-122B1B to allow for 10 contiguous parking spaces between landscape area and lieu to required eight parking spaces, approving or denying a variance from section 24-52D1 to allow for a lot area of 1.28 acres, 56,090 square feet, and Lou of the required three acres, approving or denying a variance from section 24-52D3 to permit a front setback of five feet eight inches for building two in lieu of the required 25 feet. Approving your denying of variance from section 24-52, D3, to allow for a rear setback of 0.0 feet for building one in lieu of the required 20 feet. Approving your denying of variance from section 24-52, D3, to permit a rear setback of 0.0 for building two and lieu of the required 20 feet. Proving or denying a variance from section 24 dash 97 to permit the allowance of two loading spaces during off business hours only, proving or denying a variance from section 24-95b to permit the allowance of 80 parking spaces in lieu of the required 104 spaces required. And approving or denying the site plan application. Proving or denying the site plan application with conditions for the construction of an 8,837 square foot phase 1, 11,163 square feet phase 2, and 3,426 square feet phase three shopping center. Composed of two buildings totaling 23,426 square feet, 11 independent bays and 80 parking spaces located at 174 50 bisg Biscayne Boulevard, providing for findings of fact, confirming expiration, and limitation of approval, providing for conflicts and providing for an effective date. Okay, that was a mouthful. Thank you. All right, Madam Clerk, Jennings. Per resolution R95-24, the subject matter of any exp party communication together with the identity of the person, group, or entity making the communication shall be disclosed. It made part of the record on file with the city prior to final action on the commission. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm vote on what I've seen in her tonight. Thank you. Jennings, this goes as a form as we see from Commissioner Jean. Commissioner Michael Joseph. To the best and my knowledge, I have not spoken to anyone about this particular issue and I can make it to base on the evidence presented to me this evening. Commissioner Smuckler. I believe I spoke to the manager on this that I can make my decision here tonight based on the information I hear tonight. Vice Mayor Smith. I spoke to the manager and I can base my opinion on what I hear tonight. May I, Piper? Yeah, best of my knowledge I haven't spoken to anybody on this issue and I can make my decision based on what I hear this evening. Thank you. Okay, thank you. And again, Madam Clerk, please can we swear in the speakers? Do you sound me swear that the testimony you're about to provide shall be the truth, the whole truth and nothing but the truth to help you God in your responses? I do. Thank you. Okay, the string. Yeah, Mayor Commissioner, we have the applicant, this evening, Martin, do you want to present first? I have your presentation up on Caller. Caller, you will present first and staff will follow. Yeah, if you would present first and staff will follow. Yeah, I would be able to use this from you. You're going out to your district. It's touch screen? Yeah. No. I'll put that screen here. Up and down. Okay. Good evening members of the council. Thank you for having me tonight. Again. Tonight I would like to present the project that we are proposing for 174.50 is Game Bull of Art. It's a Martin Schemaal 2150, Northeast 38 Avenue of Ventura. Okay, so we prepared a little presentation here. Okay. So in this slide, why is not showing on the screen? The idea trying to bring it up. Do I need to do something on the screens it shows? It's not mirroring. I'm going to do the same thing to the committee. I'm going to go to the committee. I'm going to go to the committee. I'm going to go to the committee. I'm going to go to the committee. I'm going to go to the committee. I'm going to go to the committee. I'm going to go to the committee. I'm going to go to the committee. I'm going to go to the committee. I'm going to go to the committee. the IT aspect of the applicant presentation, that will conduct our presentation is that okay with you, that's for us because it's over time with that purposes. The DD4U you have an applicant type plan approval with variant of item 4144 shot, that 1745 Joe best game ball of art, the folio number in question is 07 2209, 09090. As you see from your agenda packages, it's a very narrow sliver of land that's next to the FEC railroad track on the eastern side of track right across the street from Marina Palm for the general public that we pull items up that where you approach one-seventy-second, heading east towards Marina Palm is on the north side of that intersection. The request for nine years is in stipend approval for a shopping center with 23,400 square feet, two buildings on the north and south side with based for 11 independent retail base. So, up to 11 small resource shop there and 18 parking spaces. Did the contemplated as a three-fake project by the applicant with the building at the south end, just about 8,800 square feet at the self end of the lab being the first phase, the north phase, being a phase two, about just over 11,000 square feet building at the end. And of course, as you see in the plan on a phase three, if approval in the future for 3400 square feet at the second story that a third of the footprint of the building on the north side. It would, it would hurt at the planning and zoning board. In August, the item for 10th pipeline proven variance, five gates, zero n 8 for recommendation of approval. Current doning is B2 and with that I believe if there are several variants that being asked for here, the variant that include really step backs, the front step back, which you know, always from your packet being five foot, eight inches at the pole to the customary feet, the and the side variant, the rear stepback variants as well. The, there's also aspect of rare request for the pervious area that is the result of the nature of the site being thin. And the manager it is and the applicant, the first variant is the applicant is speaking on non-userien to permit the allowance of a minimum pervert area of 13.5% and lose the required 20%. The second variant is to have a non-userien to permit the allowance of a zero foot lens deep buffer with five feet is normally required. The duravarian tattoo deal with how the parking are structured. Normally, within our code, and did something that the planning in Dormbrough had a lot of questions on Dormbrough, take a window with plan a further. In our code, when you have a lot of parking line up in the row, it's written in such a way we're devote to have landscaping island in between a certain number of parking spaces. And that kind of breaks up the amount of parking and one continuous role. Because we're trying to get the applicant to provide the necessary amount of parking spaces that we're about going for like a parking variance, it would either provide for a parking variance to reduce the amount of bases or ask for a variant to where you don't have that landscaping island that we normally have require from our code and that's where they are looking to keep them the landscaping and or to keep them existing trees that are on site but instead of the normal 10 feet they're asking to reduce that to five feet six inches. But that's where variance three is a little bit different than what you would expect. Variant four is internal island. Again, that's kind of reconfiguring so that instead of eight basis is 10. So tied again, also two, that athlete I just talked about with the parking. They're looking for a lot area of variance as well, which given the size of a lot, it's 1.28 acres, and under your current regulation, on our current regulation, you need three acres to develop a size. So without variant number five, you can't really build anything on this site at all. Variant number six, the front-up back variant, they're taking non-variant front-up back of eight feet, 11 inches, where the cold required 25 feet. And on one side and then for the north side and then five feet, eight inches for the outside where the cold required 45 feet. They're the rear-set back variant where normally 20 feet is required. for the out of that we're probably 4.5 feet. They're the rear setback variant where normally 20 feet is required. They're taking a non-userant to permit a rear setback of 0 feet, 0 inches. Oh good, that's up now. Sorry. Now let me continue on just finishing that item, then we'll turn it to the applicant. Thank you for your patience with staff on this. The variant number eight had to deal with a loading space variant. The applicant's digging in non-givaring equipment allowed to, to loading space that are busy hours, don't you have to providing a separate loading space. They're proposing you a existing parking spaces, but part was staff discussion with the applicant was if the commission, the commission were to grant the variant. That strongly recommend that the condition be that you have to make their loading zone during very specific time of the day when you normally don't need that parking. So they are out of the day when the businesses are closed, for example, and that's when the loading I have to occur. There are questions from the planning and doning board to relate to you on double checking Actance data double check on the the furniture store component of it. We did check with the applicant and for the record in relation to this variant, we have to note that they intended to have a showroom and not a place where you normally like, when you tell the furniture, you, you know, it's coming from a warehouse from elsewhere or you don't, they don't intend to ship the furniture from the showroom and therefore, it makes sense from a loading base standpoint. Let's see. The variance number nine is the parking variant. On we are looking at 80 patients out of 104 patients in this condition with the other variances, the other variances weren't granted. That the number would be even lower than 80. And those are the variances in place here. Before the evening either move for approval, move for denial, there are certain type of conditions, applicant must request, must address any requirement from FDOT on active management, because this long bit came ball of art. We had a condition for the applicant of provide a letter for SEC railroad. We had a lengthy discussion with FEC and they apparently don't provide a letter. So we have an email chain that satisfied the condition and we presented that to the planning and doning board as well as meeting conditions set up by staff staff and the applicant will need to commit to provide an updated traffic impact study and for that intersection at one seven a second and at rest to the highway after construction of the project. And with that, feel all right with the commission will turn it over to the applicant for to do their presentation and then answer any question, doctor. Thank you. Thank you very much, Ed, for the presentation. I would like to go into a more graphic depiction of some of these variances and the project itself. So in the screen you can see the site plan of the proposed project. On the left we have phase one. It's a 8800 square feet building with the potential of being subdivided into five different bays. We have a parking field in between the two structures and then there is the northern end. There is phase two for the ground floor and phase three for a second floor over the end cup on the northern most portion of the site. In regards to the loading variance request, the loading area variance request which is the idea is to segregate a certain amount of parking spaces on each side of the parking lot and provide a parking commercial loading zone during off hours operations that this would be implemented via the rules and regulations of the shopping center. We don't foresee to have retailers that have a high use of the loading areas. Most of the shopping center. We don't foresee to have retailers that have a high use of the loading areas. Most of the interest that we had until now are furniture stores and some other low impact services. So we believe that this could satisfy the month for the loading area for these comers. This is a sum into the phase one building. This is the phase two building. It has a courtyard. We're allocating a small portion of that space that potentially could serve as a coffee shop, a small 844 square feet shop, a coffee shop to activate the shopping center, facing that courtyard. This is an area of the current conditions where you can see the old strip club and the parking lot. This is the proposed where you have the two end caps on each, bracketing the parking feel on each end of the property. This is a elevation seen from Biscayne Boulevard of the South Building. And this is the same building looking north, also from Biscayne Boulevard. This is phase two of the northern buildings, where the picked north end cup being a single story and this is the sign building looked seen from the south side. Let's see. Okay, so phase 3 basically is that portion over the square on the north end of the project, which would look like something like this. The idea is that basically that box which simulates a free standing box, where is a single story or a multi-story meaning two-story building will only the use of a single tenant. The idea is that we foresee this to meet the requirements of furniture stores that need a larger footprint, but they have a very low intensity, so this would not affect in the treatment of the rest of the uses in regards to parking. And that's the same view of the building with phase 2 in its place. Sorry. Okay. All right. Sounds great. All right. So before we have commission questions, we, Madam Clerk, public comment. Yeah, for sure. Public comment is open. If you would just speak on the side please step forward. For your information there is a three minute time limit. Yes please state your name. My name is Todd Kisle Mayor commissioners forget my attire. I didn't have time to get home and change. So I'm I reside at 17111 Biscayne Boulevard. It's right across the street from this potential project. I am the president of Marina Palms at 17111 Biscayne Boulevard. I've been in contact with Martin. Martin has shared me all the plans. We are very much in favor of this. It's very much consistent in its design with the other project they had done on the south side of 170 second street. And now it's a beautiful piece of property. We're very much in favor of it. In addition, I did speak with Martin and he said he would confirm that in this meeting that we would ask and kind of require, we'd like to have lighting from dust to dawn and around the property, around the outside, and the parking. He said he would commit to that. And in addition, we are very much in favor of a restaurant could be put in. Of course, a certain quality restaurant, not looking for a fast food restaurant or something like that. He said that he would agree to many of these terms. And he has the full support of a Marina Palms at 17111, just came to Bolivore. And I also confirm with my other board members and their agreement as well. This is not myself coming here. I represent the building and we're all in agreement. Thank you. Do you represent both buildings? No, I represent 17111, that's the South Building. Also, Jorge Gaudi, who is part of the master. There are two more master board people. He's in favor of this, but he's always, so I couldn't get in touch with the North Board member, but we presume. But I don't want to take responsibility for their thoughts. I can only tell you I represent the South Building. Thank you. Okay, thank you very much. That was good of you to come out. All right. Any other speakers? Mr. Mayor. Okay, let the record show that no one's come forward and public comment is closed. All right, commission discussion. First thing before we start, your property to the south where cookies is, where they don't sell cookies. Right? So is that architectural design of that building going to match the architectural design? Is it going to look like a continuous thing with a road in the middle, or is it going to be the architectural design. Is it going to look like a continuous thing with a road in the middle, or is it going to be completely different? Yeah, no. As a matter of fact, that was the intention to maintain a uniform architectural language. It's not identical. This is more suitable for the particularities of this site, which is very constrained. It's very narrow. But the intention is to maintain the proportions and the architectural style. So, yes. Okay. Great. Anyone else? Mr. Chair. Good evening. The plan before us is very nice. It's considering what's been there for the amount of years that it's been there now. You're going to make it a nice thing. My concern is the number of variants that you're asking for. And I understand the site is a problem by itself to develop at all. So that's where we come into so many variances, but my biggest concern is the parking. Okay, when we limit the parking variance, which calls for 110 spaces to 80 or 88, whatever the number is, that's a big difference of a parking, not being there. I understand you're sitting here and telling us that you're looking at a furniture store, but what happens if you get 11 different individual people that want to rent it? Then you're gonna rent it to 11 different people and you're gonna have 11 businesses that want parking. And it's going to be to your hindrance if they can't park their cars, they're going to, you know, people aren't going to go to the stores. If the people don't go to the stores, then the stores can't pay rent and so on and so forth. It becomes a circle of, you know, the bottom line is you want to discuss the parking. I would like, yes, I appreciate the question and it's a very important one. So when we, when we started designing the site plan, if you look at phase one and phase two, which is basically the ground floor model of this design, we basically fulfill of the parking requirements on site. So basically it's exactly 20,000 square feet of retail. Parking code requires 4,000. We're providing any parking spaces. No variances required. No issues with parking. Now, when we started looking at the analysis of why we would like to request the variance, we approached the city and we made different analysis. And the city of North Miami Beach has a, I wouldn't like to say obsolete, but has a dated parking requirement code. For example, the... I'm careful our newer ones were. So no, no, but this is specific to certain uses. Like, when you look at the description of the uses on the retail furniture showroom, specifically cited as retail use, therefore requiring four parking spaces per thousand square feet. We looked at the IT manual, which is the manual used by traffic engineers to allocate parking requirements and so forth and so forth. And the large amount of other jurisdictions, like, for example, Palmetto Bay or other municipalities, do have a parking designation or requirement for showroom spaces that is much less intense than a regular retail. And the ITE calls for one parking per thousand square feet for a showroom, for furniture showroom. So what we did when we are requesting this variance was to analyze the worst case scenario under the existing parking code for retail, meaning we have an allocation for a space for A coffee shop that is 844 parking spaces. There is not a park the sign a specific description of coffee shop in the Code so we go by the next category that is would be food beverage would be Casual dining which was 15 parking spaces per thousand So what we did is we accounted how many parking spaces we would need for that space that right now is gonna be approved as retail But if we are going to be successfully enlisting that small space to a coffee shop instead of coming later on and request for A variance on the parking requirement for that particular tenant, we would like to bring it forward now. In regards to the calculation for the second story, if you look at the parking requirement for the 3400 square feet on the second floor, that is the different of the 24 parking spaces we are asking the variance for is for the use of the coffee shop and for the additional square footage on the second floor of that square there is no independent access to that second story so if we are going to build it is because we already have it least to somebody that needs those two stories that space if we lease it to a regular retail, it would be in detriment to us because we would be left with no allocation for parking for the other uses. So we would not even build it. That's why we face it. Because we first go into this site. If we lease it or we don't lease it, then we build it or we unbuild it. We're going to go most probably full-flex on the project and we make a decision of where we build the phase three or not early on on the stages. But we wanted to have the freedom to go and approach those tenants with that space without having to have a lease contingent to an approval. So that was what we're thinking of doing. But the shopping center has cities without the second story fulfills all the parking requirements on its own merits. So another question is is that how are you going to deal with signage for the 11 spaces you have? So if you look at the renders, can you put the images? So if you look at the renders, each of the stores has the potential of having a banner, a sign, a channel that is on the storefronts. that sits around 13 feet high, is where we're planning on having the independent signs for each of the stores. Now, if the location is list all of it by one tenant, then they may be limit by the amount of signs that they're gonna have. If they're list by, instead of one, it's two tenants that merge different base, they will have those signs as a palout per code. But we are for seeing to have them, as you can see in Ventura Square on the storefronts, because these are very high buildings. These are 23, 24 feet high. Okay. Ed, what he just said about the sign, so you would make it uniform on all the units, right? We would actually suggest that if that's a concern and we're going to have to make sure that we're going to have to make sure that we're going to have to make sure that we're going to have to make sure that we're going to have to make sure that we're going to have to make sure that we're going to have to make sure that we're going to have to make sure that we're going to have to make sure that we're going to have to make sure that we're going to do with the glass. The glass is a little bit different because those are considered window signs written within our code and you can't go up a certain dimension including 25% coverage but in terms of how we're quoted for in commissioners there are it's a little bit more loose and regulatory nature than the building side that's written within our code. Okay, another question. Do we have the ability to limit at all what tenants go there? You can do that at part of the condition to approve or for the commission so wishes. Otherwise, we will be bound by the limitation of what we can actually inform. I do know what you're saying, correct. Yeah, I'll quote it written, yes. Okay, thank you. Which is Smith. Thank you. So it's about time that we have something there that's nice and thank you so much. We've seen your work so we know already that you yourself don't want anything less. But my question is that's our gateway coming into our city. So exactly what my fellow commissioner has just requested, I feel very strongly that the signage, even though it's a very tall building, has to be uniform. That somebody can have script and somebody else have lighting and somebody else. I feel that it should be uniform whether you make block letters or whatever you do. They can have their name for sure. But I feel that it should be uniform as well. The other thing I wanted to ask Mr. Nang is who is going to monitor that they are not having delivery trucks come during business hours. Who's going to do that? We will rely on our coordination with PD, Dread, Random, Check, on the property. You are aware of our commissioner, we do not have the staffing or the training to have code off at that night, but we will have to coordinate accordingly. I think that that is an important part, but I think it has to be enforced. Because that's such a busy corridor right there. That's very busy if you watch them come down. Are you going to also have offices or it's only no office at all? Because that's a concern about, again, the parking. Like the other commission said, if there's not adequate parking, it's only going to hurt you. So we have to. We are aware of that. Yeah, for sure. This isn't your first rodeo. It is. But it's concerning because that's one of the things we're voting on tonight is parking. Very concerning. Yeah. I want to bring up a few things. So in regards to signage, I don't know why you're concerned about consistency when we're not showing something to be all over the place, but I don't feel comfortable offering you guys today a commitment to control, for example, the fonts on the signs or the colors of the signs. Shall tomorrow come Starbucks and I may have to tell them that they cannot leave because they want sign on a different type of what they use as a standard. And you guys are imposing a limitation that can hurt all of us here by trying to regulate something that is not normally regulated on shopping centers. I have an interest in not allowing this to be a flea market. This is one of the most desirable so after retail locations throughout the corridor. I think that we all have the same interest here to see the best type of tenants that we can attain to operate these at the highest standards that we can. And I think that we've proven with our properties that we do what we say we will. So in regards having the support of Marina Pans is not a small thing for us because when we started the relationship with them was on the opposite side of the table. And one of the things that I learned from that experience and it was the conditional use for cookies was that I don't need to wait until the last minute to bring on board the people that are my neighbors and bring them over and work with them on the early stages of design. We've worked with the city staff, we've worked with community. We engaged them very early on and we engage all the neighbors and invited them to participate on our processes. I think that this is an amazing project for a very difficult site. I own this property for almost 12 years. It is extremely difficult to do anything. We went, a big day tenant, that nobody wanted, we went ahead, we had that building bandalized and we have all sorts of issues with big grants and tagging off the building. And we've always worked hand-on-hand with the city. It's about time that we see something that the city deserves. And this is an amazing gateway project. And to make even more of an enhancement of that gateway, let's try to work with the FDOT on our abiding property to see a park and see some sort of grand entrance feature on that main entrance to the city of North Miami Beach, which is 172nd. We will build these beautiful buildings that will mirror on each side of the entrance. And we have a possibility to do something unique here. I really don't foresee. Let me say one thing. Go ahead. Thank you for whenever there was vandalism on the existing building you were quick to take it away and I really appreciate that. You're welcome. Also, he maintains that graph so we don't have a whole thing of weeds and he has maintained the property. The thing that's discerning about it is we're here now trying to change the city. That's really been our goal with economic development. I've been pushing and going that so much stuff to bring economic into North Miami Beach. And you know sometimes like publics which has a look that they have to have, they'll change their look because they want that location. They've done it and they will do it. The thing that is possible and that's unforeseen, but it's possible that it could be where it's not as appealing because this one wants this, this one wants that. Unless there's some kind of regulation of how big the size can be, we have to have some kind of regulation. That's something that needs to be worked, because that's a main focus of the building. I agree 100%. If you sit here and look at it, you don't see the windows like you see next door. Of course, when we're looking at a small version instead of the tall version, but they're going to yell at me for taking too much time. So that's a point. But the second thing is something, I mean, that's the way it works. I understand. Is the restaurant. So I was on the CRA board when you came to us that you had to add additional construction in case you could get a restaurant into one of the two properties already built. So are you planning on the construction to have that part of your construction? Interesting. So right now this project does not have a restaurant component to it. It just has the space for a small coffee shop. That's what I see. OK. But shall this project be approved today? Tomorrow, if the city believes that this could be a suitable restaurant location, I will direct our brokers to search for the right partner there for the right operator. And I will present it to Marina Pans. And if they are in agreement with this user, I believe that that was going to end up being a second application for probably, I don't know, your variance for parking requirements because that's going to be specific to that use. I have not run the calculations on that yet, but we would love to see a restaurant here. But I think it's going to be the second phase because I first need to tie in one of the big buildings to a furniture store so that I know that I'm releasing some of that pressure on the parking lot. Well, I happen to say, thank God you're bringing it and I'm appreciative it's a gateway landscaping, everything about that building has to be something where people are invited to cross over the railroad tracks and come into North Miami Beach. That's been our goal here and that's what we want. And that's why it's discerning about having a freelance not necessarily you, but the tenant to have the, where you can use us as the bad guy and say I would love for you to have it to be from the floor to the top, like you can't use the words, abventura. So if they want to call it abventura furniture store, they cannot. But at the same time, if they want to go from the bottom to the top. We don't restrict up for this. Yeah, we do. It's easier. Yeah, we. Yes, we do. If you read it, it's right there in the thing we restrict we have a condition where you can't of course Yeah, well you can't have third name. So we want to you know You'll see among other Diplod approved that come before you with that They can't use the word aventura or Miami Beach That for no Miami Beach you can't you can't even have. You can't even advertise that you're next to it and you have all this wonderful abilities and it's been in every one of our ones that we've passed since I've been here. So the thing is is that I somehow we have to get together on what we're gonna do with that because that's have something. I am not fully understanding what is it that you are proposing in regards to consistency or I don't fully understand what is it that you would like to do. We have bad image that has nothing to do with you or your building. We mean in me. So if you go down 163rd Street and you see what we're trying to change, we don't want that same ability to be on anything new that's constructed. But let me interrupt you one second on that, just something to keep in mind. So if you take the Jefferson Plaza project and you look, each of the like Dunkin' Donuts It's very clear that it's uniformed the whole property and the logo sign don't detract, in my opinion, from the overall good, clean look of the property. And it allows those types of tenants to go in there where they might not ordinarily do so. I happen to agree with you, except that I find this to be exceptional property. Yes. And that's why I'm very going to be very lenient on my agreeing to all of the variances because it is exceptional. The fact that you can put something there that will gain you a part of your portfolio for the future with your beautiful children. Yes, but it requires us to also look at it with a different eye. Not to be harsh, not to be harsh. I mean, it has to have some leniency. Let's get a professional opinion from this ring. What do you have to add? Thank you, Mayor. At the commission was speaking about sign and the sign that we do want to remind the commission that under 24-147.1 of the code with government permanent signs. There is a size limit and there is actually positional aspect. For example, you can't have a time to gain more than 75% of the width. So there's the edging that needs to be on the side and that frontage and for each in the door front the amount of square footage of that sign as you know measured when they come in for the time permit it's based off of the lens and for one story building it is one square foot per linear feet of frontage based for that particular store front. So there is a side limitation already in our code. Okay. So that, you know, the side don't get out of control, right? That's where, and again, that's what I was going to bring up that the code already has kind of a platform or a framework for us to work within certain guidelines. And it's not the same if the building is completely least to a single tenant therefore he has one sign so there's certain requirements that would be I would be very nice but but what I'm saying is no we don't want that you mean like where they say doctor offices here in targets you know no no no no there's a total amount of square footage that you can put on a certain front. Yeah, he just, yeah, yeah, yeah. Okay, so I would like to trust me that given that this is one of the most important properties that I've ever developed for now and that we have gone way above and beyond what everybody else is doing on the market, including properties that are better positioned like Cabaneda, on Ives Day Road and Biscayne Boulevard, probably the most prominent intersection on this market, they are not doing this project. We have windows on the back of the property. We have put windows on the back end of the property. Nobody has done that. Ever. This is a numbers game. You have a cost of construction, cost of land and rent and you factor as much as you can so you can increase your cap rates. We are giving much more love than anybody would. Now you're looking for the money. To build a little high building. I don't need to do 14 foot clear windows everywhere with trees and creep colonies, piercing through my canopies. I don't need to do any of that. I will list this for the same amount of money. Not $1 or less. We do it because we have some pride in what we do and these are long-term holds. Now you can see that you're looking for the long term. You can see that the investment is not something you're fly by night. I only have about 95% of the code memorized, so thank you for reminding me about that part. But keep in mind as you do all this, that is our gateway to the city. I mean, the whole cookie, Jeremy calls, we've received from that, and then you were kind of to let the people know that it's not cookies, because the children would pass them bags to go. Maybe we can include this property on the CRA and get some funding from the CRA because it's the gateway and make it amazing. I think it's time to keep moving here. Okay. Commissioner Smokler. Okay. So just as an FYI, Pembroke Pines has an ordinance about signs, especially colors, but unfortunately we don't have that ordinance, so there's not much that we can do about it. But I do remember a long time ago, and I believe the planning and zoning director was Chris Hyde at that time. I think that was his name. Chris Hyde. It was Chris Hyde. Well, I know that's his name. I just, it's not sure from talking about the right person. But I think it was with Chris Hyde that when they had built it and it's no longer there, that Walgreens on this cane and 150 first, that Walgreens has the same cookie box style everywhere. And he refused to allow that. And they actually, Walgreens had to build it a little bit differently. But it had a Walgreens sign on it when it had the logo was there. Right. But it's saying it was the Walgreens that but yet they had to do whatever we said they had to do. Right it was tastefully built. It was tastefully built but but still had you know logo signage. Yes. Which is what he was saying. It's what he's asking for I think. Say that when you tell a major company they can't do something they can't. Or you know it's not it's not why it's not there. Why would we do that? Okay. No, I'm not sure. Is there a vision that you guys want to share with me that I'm not seeing that there's a, like, there's a pattern that the city wants to implement some colors? No, we haven't gotten there. I guess we're all just talking now out loud, but maybe this is something that we all need to do in the future. We're just trying to make sure that it looks good. But, but, um, um, how, what is the difference between the two buildings and size? Yeah, the space in between the parking area. You're probably gonna have like 200 feet in between the buildings to 50, 300 in between the buildings. Yeah. I don't have that much. Yeah, you want to look at the, you can see the promises. Yeah, wait wait wait let me you got you got competition like 400 feet approximately. So it's bigger than a football field. Wow. Okay. So. But what I'm looking at the picture of the parking area that's here. It's. I see a lot of trees. And I'm just wondering if. And of course, this can all change. This might not be what it, you really, what it's really going to be, but the trees on Biscayne Boulevard or the bushes there, and maybe I'm wrong, but I see it more like a security issue where it's it's not clear on this came boulevard to it kind of hides especially at nighttime and makes a little bit that's the way it is now right. That's not the way it's going to be later. Well this is the picture that I'm looking at. I see I'm looking in the future. I just see this picture I just see like it's more of a security I just don't want to see that many. Even trees would make it look prettier because it's along this came boulevard. I see it more. I'm looking at the security concern of having too many trees and too many bushes where someone can hide or someone cannot see, especially off of this came boulevard or something were happening now. That's, I think Mr. Ring isn't police one of the Tried Review, so police is one of the Tried Review components, correct? Yes, sir. So in other words, if there was a security issue being created, they would flag that and- But they'll flag that now or- PD would flag that at part of the review. Because PD actually had the representative on the technical review of application committee, a track committee. But that's already done. That was the month ago. And we opteding by the way, we opted in on the not just passing programs. So they have the right to go in there and enforce it. Yeah. Okay. So the song I'm going to go back to the side was going to be a minute. I never said that actually, like I really didn't. So the signs are going to be on the, on that top part of the building, I guess. The sign, the sign bulkhead. We're proposing to install them on the transums of the storefronts. It's a very clean, modern look. The tops. No, no, no, no, no, on the, modern look. What else? So it's around the doors about about seven feet high and then the transit of the right. No, no, it's we're talking about the storefront. 20 23 24 feet. But the signs not going to be on the top. The signs will be here. It's going to be it's going to be probably at the 10 foot level, maybe or 9 foot. No, it's on the storefronts. Do you have you shall I go back to the runners? He's saying. Yeah, let's see a rendering. Let's see a rendering over... Right there. It's not going to be on the white and gray. You see where it says retail 05. It's actually going to be probably a little high. It's going to be a little higher than that, but it probably be in that about area, right? Yeah, that's the idea. That's intention. Yeah. When we draw my objection. OK, so now you're good. OK. You beat him up for half a hour. So we're, where are the employees going to park? We don't have the, we don't usually designate parking unless we have an issue with parking, where we start to have a real issue. We do not designate parking for employees in the shopping centers. We had an issue once with cookies where they were parking in the front row and we asked them to put the mag, but it's not on the code for rules of regulations. We don't want to implement that unless there is an issue. Okay, so the good part about the coffee shop is that most likely you'll get the people from across the street all those buildings So they'll just walk they probably wouldn't mean it would take too long to even drive there Then then walking there. So that's the good news that it wouldn't use up so much parking space If you were to do a restaurant then that's another problem, but at the end of the night That's your problem and not our problem because nobody can really park on Biscayne Boulevard. Correct. Which by the way, Phyllis, you say there's a lot of traffic on Biscayne Boulevard looked as only one car. So there's not that much traffic. So we're giving them, they're asking for four variances. I believe it's eight variances. Oh, eight. Oh, I counted four here. Okay, that's even double. And are we giving them any administrative waivers? No administrative waiver apply outside to make you district because it's B2. Not there, not eligible for any. Thank you. Okay. Can you complete the parking in the first phase? Sorry. Can you do the parking, the whole parking in the first phase? Is the intention. The idea of the first and second phase, ideally we would like to develop all simultaneous, but there is a possibility that we do it for financial reasons and a first and second phase. I may not be able to do 100% if I segregate the phases, I may not be able to do 100% of the parking lot all at the same time because it may hinder my ability for connections on utilities and Naniard but if I do face one on its free standing I will have to comply with the parking requirements for that allocation of that building otherwise I won't be able to get a CO. All right. Okay. You're good. All right. Mr. Okay. You're good. All right. Mr. Joseph, 100. I see we can call the vote. Okay. You ready to call the vote? No, I think Mr. John has something to ask first. Thank you so much. I thought we were building the Taj Mahal or something tonight. This discussion is going. But I do want to thank you for bringing this project and for testing your patients tonight as well. The question that I have is, have you considered any voluntary proffers for any community benefits to this community? Other than what you're adding as it relates to enhancing the gateway and bringing economic development, was there any discussion? Okay. That was the only question that I have. Okay. All right. Any other questions? Okay. Just my comment real quick is that I know it's a difficult property to work with. You know, the property was originally before this came Boulevard got widened. That property was you know, one a couple lanes in the this came Boulevard, I think. So, you know, now dealing with it the way it is on the tracks type property and so I applaud you for taking it on and making it look nice because some not everybody would have a tenacity to deal with it they would probably just rather buy something easy to build on. So I applaud you for that and to me it looks like a nice project. So all right, do I hear the motion the second? Second motion. You don't do it when you call the vote, you don't need to second. Second. I do appreciate the fact that you got the FAC was in too hard on you guys. So I'll leave it. All right, best. OK, you're saying that we don't... I don't know if we need to. One of the speakers wanted to just say something else and I'll allow them. But just really like 10, 20 seconds please. Very, very quick, please. Thank you. Todd Kessel again. I didn't realize about tenants. Maybe you mentioned in so Martin and I just want to state that he agreed that we weren't going to have certain types of shops like gun shops or a liquor store or something like that. He would agree to those terms. The other thing I want to mention is we prefer not to have a big billboard sign out in the front like a big post with a sign with all the names of all the stores. I don't know what the laws and regulations are but I just want to mention that. Thank you. Okay. Okay. All right. Thank you. Okay. All right. We do allow that right? No. All right. We have we have a motion. The commissioner Smith. We do do we have a second we have a second Richard Joseph call roll call please Commission for William on Yes, commission Jean yes, commission Joseph. Yes, commission smuggler. Yes Commission Sean off. Yes vice mayor Smith with pleasure. Yes mayor Piper. Yes, the item passes 7 0 Please remember to hire north mommy Beach presidents if you can. We'll try as much as we can. Thank you. And the more she beats you up, the more she likes your product. I know him from long long ago. I can't go under the stuff, that. Thank you so much. Yes, beautiful children. Thank you. OK. All right, we need a motion and a second to introduce 10.3. We get the motion for 10.3. Motion. Second. Okay, great. Mr. Attorney. Item 10.3 resolution number R2024, the Ash 117 of proving denying site planning variance is for Feldman House, Edward N. Interim Community Development Director. Resolution of the Mayor and City Commission for Feltman House, Edward N. Community Development Director. A resolution of the Mayor and City Commission of the City of North Miami Beach for approving or denying a variance from section 24-95B to allow 14 parking spaces in lieu of 23 parking spaces required. Proving and denying a variance from section 24-122A1 to allow for 21-foot, 1 inch landscaping buffer in lieu of the five-foot buffer required, proving or denying of variance from section 24-122B1A to permit the allowance of one terminal island at the end of each parking row in lieu of one on each end. Proving or denying a variance from section 24-122 B1B to permit the allowance of 13 contiguous parking spaces between landscape area in lieu between the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and the park and with 11,400 nates square feet of, sorry. Two story warehouse building with 11,400 nates square feet of warehouse space and 3331 square feet of office mezzanine space located at 1981, Northeast 153rd Street providing for findings of fact, confirming expiration and limitation of approval, providing for conflicts and providing for an effective date. Okay, Madam Clerk, Jennings Closure. Jennings' disclosure, per resolution R95-24. The subject matter of any expoity communication, togethero the identity of the person, group or entity making the communication shall be disclosed and made part of the record on file with the city prior to final action on the matter. Commissioner Schoenoff. I have had no discussions with anybody and I will find the information that I see tonight. I will vote on it. Commissioner Freud? I will find the information that I see tonight. I will vote on it. Commissioner Freud won. I have not spoken with anyone in this item to the best of my recollection and can make my decision based on the information that I received this evening. Thank you. Jennings, this close-up form has been received from Commissioner Jean. Commissioner Joseph. To the best of my knowledge, I have not discussed this item. And I can make a decision based on evidence presented to me this evening. Commissioner Smuggler. This is, I just want to clarify, this is the multi-family parking regulation. Which one are we at? 10-3. We're House Felden. Sorry. On the page. Page. Okay. And that's why I was wrong about the variances because I was looking at this one. This one has four, I think. All right. 10.3. I've only spoken to the manager and I can make a decision based on what I hear tonight. Vice Mayor Smith is off the des. Mayor Piper. Okay. I have the best more regulation. I'm not spoken to anybody on this and I'll make my decision based on what I hear this evening. Thank you. So we're still going to be missing commissioner Smith when she comes back. Okay. All right. Perfect. All right. Can you please wear in the speakers? Madam Clerk. If you plan on providing testimony, please stand and raise your right hand. Okay. That's it. Do you saw me swear that the testimony about to provide? Shall be the truth, the whole truth, and nothing but the truth to help you God. I do. I do. Thank you. Okay. Mr. Ring. Thank you, Mayor Cometrino. Thank you Mayor Commissioner. Before you did evening, it's a type plan application for the Felburn warehouse. Locally at 198122.11, Northfeet 153rd Street and what it's currently to be for district, a little bit more for 151st. the property size is 14,740 feet on a lot side of a 20,1A9-square feet. The folio number in question is 07-2216-019-0090. Is it the thing that you did currently a one-door thing? Mr. King, I need to interrupt you for just one second. Commissioner Smith, we need you to confess your sins for the Jennings disclosure. We notice you walked away at a convenient time. Our matter. Hi. Thank you, Smith. I don't even think the manager and I spoke about this, but I'm gonna say we did just in case, but I don't think we did. And I don't remember. It was just afternoon, I don't remember. It was just afternoon, I don't remember. But I will make my decision on what I hear tonight. Thank you. Thank you. Thank you. Oh, no, no, weird, Mayor. The thing, Lan, you did, they're trying to redevelop the site from a small one-fourth, 2,000-query office building and a 500 square, or a 24 structure, into a larger warehouse. The future land you did the warehouse office base and it is known to allow for this development. No at first glance, it doesn't look like a warehouse, but we assure you based on that review, the type of approval, it for two-store warehouse and associated $330,000, $31 square feet of office base that is related to the warehouse well at 23 parking spaces. Finding Donny Board had previously heard it and recommended approval by vote of five to zero for recommendation to approve of the commission. You see here in the yellow that the location aside. And it's it's got a bit of a weird curve to it. The post site plan provide for. Oh, that got crack. But for for warehouse with three, leave it to a three unit right here. I'm parking in front. You'll see in the site plan to provide you that site curved a bit, which provide for some of the rare and adult discussed in a minute. That reviewed the parking requirement for this and you'll find a parking variance request that's a little bit unusual because the parking request variant request is not to not early reduce the parking when it's practically applied but to kind of transfer the parking from being on-site to being off-site so that it's all on the right away. It's interesting because even though it looked like it's a parking reduction variance, they're by having 23 spaces at the end of the day, that's how much the warehouse would have required in the first place. We just don't want it all on the, they just don't want it all within the site itself, but some of it to align the roadway. In ethant though, from a city standpoint, it's actually more beneficial for the city because if the warehouse isn't using all the parking, then the rent that's on the street becomes kind of the fact that general parking that the surrounding properties in the city can generally use. So that would advise the commission to take that into consideration. That it's not actually a parking reduction. It's just how it's structured in that request right there. You see from the formula here, they're going to meet their requirement for what, for the overall number of spaces. As we've all other sites, we ran to a natural site plan review criteria ranging from natural environment sites and landscaping and lighting. There we go. Here at the site, you see that I was mentioning before, the parking are numbered on there. I know there's more on the screen, but from two to 13, and then you see that know there's more on the screen, but from to the 13 and then you see that there's parallel parking on the street to bring you up to the 20-something spaces. The building is small enough that they did to provide it with a shadow study but staff had no objections based on that. I've already covered a variant among one with the day parking variant so to speak about an actual reduction in parking, I've proposed on a tight plan, that's in configuration. There are other three other variants that the second one being the landscape buffer variant where they're looking for because of how the road curves part of buffer script to be a two feet, one inch where five feet is normally required. That looked at this and also needs to note to the commission that while it curved and they're asking for that variant for that narrow point, they also have the landscaping to make up for it on the other part of of property where it's a bit a little bit wider So it essence They're trying to deal with the curve and the variance, but they're actually providing that same amount of square footage Overall that you would normally see if it would continuously five feet and just Just align it a little differently because of the curvature of the roadway. So while they're looking for a buffer of variant, there's actually no reduction in amount of landscaping where footage of that result from this design. The variant number three is terminal island variant. Again, with a similar to the last item that you saw, that's had to deal with the spacing of the Terminal Island through space out parking. And given the configuring site in order to put all the parking that we will want on there, does this where this variant comes in to, permit the amount of one Terminal Island rather than one on each end. And then the last area being requested at all to interior island variance. Same thing with the, instead of having eight parking spaces in an island, in order to fit it given the curvature of the side and its shape to do 13 instead of eight parking spaces the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the building for safety purposes on the plan part is submitting for a building permit and the option for you this evening or to either move forward or now the variance and the site plan is associated for variances. The applicant is here for a presentation if the commission throws the diars. Okay. Thank you, Mr. Ring. Madam Clerk, public comment. Good evening. The floor is open for public comment. For this item, if you wish to speak, please step forward. Okay, but the right to reflect no one came forward and public comment is closed. And anything from the commissioners? Mr. Truff. To the applicant, it's a beautiful project. Where are the garage doors? I see one. Is that all? One for, there's one on each end of the base. One on each end of the bay and by this picture they don't look very big. What's the size of them? 12 by 12. Well by 12 but you just colored them the same as the building so yeah. We did, kind of bland. No it's a beautiful project I mean I wouldn't call it a warehouse it looks like an office building. So thank you for bringing it forward. You're welcome thank you. Okay. Anything else? I had a question. What kind of, what's the usage of the warehouse? Is there a particular use in? Yes, the owner of the property is going to occupy the office and warehouse area and they work in like computer parts. So computer repair parts and small items. That's why we didn't need a lot of doors. Yeah. Okay. Okay. I don't think he was sworn in though. I so I don't know if you want to. He's where to tell the truth. Do you some of these where the detestment you're about to provide? Shall be the truth, the whole truth and nothing but the truth, so help you gone. Yes. Thank you. In addition to computer parts, we supply, oh, sorry, my name is Errol Feldman, Manji member of JME Holdings, which is the owner of the property. We provide computers to schools throughout the country, primarily Chromebooks, laptops, anything technology-wise for schools and kids and students. So here we have our office currently a couple of bucks away. We're building this warehouse for ourselves. And we do internship programs with schools, Miami-Dade, County, so it's a great spot for it. Thank you so much. I wanted to follow up with that and saying that we could definitely speak to our manager and the team on some more partnerships with the city and also the schools within the feeder pattern that we have. So that would be a great point of consideration if you would be willing to consider that. Absolutely. I just want to ask a question from Mr. Nang. Mr. Nang, are you comfortable because it's almost less than half you're reducing from 23 to 14. It's almost half. Are you comfortable that owner was in an occupant that that would be enough space if somebody else only three years from now? That is comfortable because the way we see it are the project required 23 basis. And overall what you see on the stipend proposed, even though the different configuration, it's actually 23 basis. So there's enough from a off onsite and a immediately adjacent on tree parking to meet the demands. Yeah, well on tree parking is what we're trying to get away from. If we didn't, because of the curvature of the road, unless it would configure the certain way commissioner, we would not get that amount of parking and I understand a concern for wanting to move away from on three parking, but we also have all other concerns from the commissioner that we are not getting enough parking on to don't need property. So because of, we couldn't have it bulked to this property, so staff opted to work with the applicant to get the maximum idea amount of parking that would develop on the space to meet that requirement. Mayor, excuse me. We have an emergency. Can we take a five minute break? Yes. Thanks. Yeah, that's why the police will run. Okay, I think I'm breaking. I'm on my way. Motion to take- Yeah, just we're going to recess for my minutes. Okay. Let's be murderous. I want to take a look at the room there. She's going on. Let's take a look. Yeah. We're reps. Let's be murderous, you David. What happened? David. I'm going to go to the next room. 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I'm going to go to continue the meeting. Mr. John. Mr. John. Daniela, tell them that rescue is here and they'll bring a pillow. I'm going to go to the right. Yep. All right. Go ahead. Go ahead. I'm right here. Oh, there should be. You're fast. I'm. I'm. I'm. So, go over where to second. City manager. Okay, sir. Scotch. I don't think he drinks. Or anymore. He didn't use to. Okay, ready? Okay. All right. All right. So bring us back where we were. We were at what point were we in this year? I am sorry. They're all the commissioners. We did the public comment. We close the public comment and the commissioners are discussing. Okay. So and no other comment on this item? I'd like to call the vote. Second. All right, you got to first, we got to motion in a second, and I'm out and click on you to roll call. Commissioner Jean? Yes. Commissioner Joseph? Yes. Commissioner Chernov? Yes. Commissioner Floyd-Won? Yes. Vice Mayor Smith? With pleasure, yes. Mayor Piper. Yes. It passes six years. It's sure to try to hire north by me. Be prepared. Okay. In construction. Okay. What would you come in regards? I'm trying to understand. I'm trying to get my bearings into the rules of procedure. Regarding the motor role, I was wondering if we can try to bring that item because I know it's it's in the manager Yeah, I know I've got certain items that are marked as priority items Okay, so if we can go to I just want to just Mr. Mayor With respect to the the scenario the way it is Are we able to iterate what items we're going to take care of and yeah, and what is going to? The pride would you like me to share the priority items right now? Just the priorities, yeah. I want you to move forward with the meeting. All right, so the priority items, Mr. Manager, 111, you said we can hold off for now or not? I would recommend that we move forward with 111. Okay. Can you name all the priority ones? Sure, I'm going to start it up. All right, go ahead. 11, 1, 11, 2, 11, 6, 11, 7, 11, 8, 11, 10. All right. So 11, 5, we're forgetting. Yeah, there's a couple in there we're forgetting. And let's end up having time in there. So inclined to revisit it later But let's just do it we can okay all right so Let's move to introduce ordinance number 11.1 Second ordinance number 2024 dash 13 Mr. Attorney Item 111 ordinance number 2024-13, second reading. Text amendment for multi-family parking regulations and re-enging interim community development director. An ordinance of the Mayor and City Commission and the City of North Miami Beach Florida amending chapter 24 of the city code entitled zoning and land development by specifically amending article five entitled zoning use districts to modify the residential category minimum and maximum requirements from section 24-58.1, Fulford Mixed Use Town Center, District Table, MU-TC, MU-TC-5 minimum and maximum parking requirements by use. Section 24-58.2, Mixed Use Employment Center District, table MU-SLAHEC-5 minimum 4-58.2, mixed use employment center district, table M.U. slash E.C. dash 5 minimum and maximum parking requirements by use. Section 24-58.3, mixed use neighborhood center district, table M.U. slash NC-5, minimum and maximum parking requirements by use. Section 24-58.4, arch Creek Mixed Juice Carter District, table M.U. SASH C-5 minimum and maximum parking requirements by use. Section 24-58.5, Southern Mix use waterfront district table, MU slash SWF-5 minimum and maximum parking requirements by use. Section 24-58.6, northern mixed use waterfront district, M.U. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S Section 24-93 entitled, parking lot design standards to create subsection L, multi-family tandem parking, and subsection M, valet parking, and subsection N fee based parking and amend Article 9 section 24-95 entitled minimum space requirements to clarify and increase parking space requirements, providing for conflicts, severability and codification and providing for an effective date. Okay, thank you, Mr. Ring. Thank you, Mayor. Stafford, sorry, previously presented. It's okay, Mayor, commission. We're going to do our presentation on an hybrid version this time. This changes the parking regulation based on the study analysis that we had commissioned a consultant to do a while back and really the recommendations that you see before are really based off that the data analysis from that and the review of the ITE or the Institute for Transformation Engineering manuals. We did go beyond that as mentioned last time in discussing internally and with the public during the public workshop that we're held about the need for more parking spaces as reflected through the guest base requirement. You'll see that part is a change it to require from one for 20 units to one for 10 units with a higher parking requirement. You'll also find that we are codifying tandem parking where we had no codification before, would make it easier for us to try to persuade and have the tool to persuade a developer to structure their parking a little bit differently to know where to fit more bases. And also note that really quickly that part of the issue we found in the field was that when you have fee-based parking inside the structures, people are just going to go for their free-based first. And the free-based that has to be on the street. So those were filled up first before the paid parking in the building. And that's just common sense logic from our end. And so we struck just some language to try to hedge against that. Obviously there's going to be some enforcement needed from co-compliant and then reviewed the building but these are the main recommendations in summary that are the basis what you see before you're the deepening. Mayor commission if I can have Ed can you please also part of the discussion that was had last time was at the first reading was with regards to allowing, and I know it's not part of this, but in some of our one on one, especially with one of the commissioners, it was to potentially amend or provide a motion to amend in which applicants who are currently under the review process also be grandfathered in to the existing code. How many projects fall under that? I actually have a printout to get the commissioner. Don't give me the out one. Mr. Manager, shouldn't that language be in here? Because there was no definite with regards to a motion on the first, the language kept consistent between first and second. A simple motion just doesn't affect the change of it. the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. I will make that motion. I think we should list exactly who it is. There is no problem. I will make it now. Yes, and I will second it. Make sure the record commissioner. Again, it is a change from first to second reading. It is technically a motion to amend the language of the resolution. You're allowed to amend on second reading under some circumstances, which are not, you know, don't change the character of it substantially. But the staff is not authorized to make that change after passes. Do we need to vote? Do we need to vote on the motion to amend first? Or, and then we have to vote for the motion to amend first. Or, and then we have to vote for the motion. There's a motion to amend. And if the motion passes, then the document is amended, and then you have to have a final vote on the document as amended. The, I'm sorry Mayor. And just part of the other discussion was also, which wasn't completely fleshed out. It was, well, it may have been, I apologize, if I'm misbeaking for the commission, with regards to, in the first reading, it was accepting the staff recommendation, but there was certain conversation of whether the multifamily should mirror that on Eastern shores, which requires two spaces for efficiencies and two for one bedroom, in which the current staff from non-Eastern shores is one space for efficiency studios or one bedroom. So I didn't know if the commission wanted to also have that conversation, so if you're going to amend, it might, it may be having that discussion. And then amending once the discussion has been fleshed out or not, it's up to the commission, but I just thought I would mention that. Why I think we'll save a lot of time if we make a motion to amend. Through the mayor, I want to amend two things also. So if we're going to add the amendments, let's discuss my amendments. Okay. Okay. Real fast, I think real fast that on page eight, where it says a parking study may be required under section five. I want to add, I said should we add if a parking study is required that the developer pays. I want to add that if a parking study is required, that the developer pays for the parking study. And under how many on residential area, on a condominium, How many parking spaces for a four bedroom? It should still be three. I've contacted Aventura. I've contacted quite a few cities and nobody has four places. Most of them stop at two. If you want to continue three bedrooms, get three parking places. But to require a developer to give up four parking places. As I mentioned before, if you can afford a four bedroom condominium, you can rent the board's space from the building. I just think to require four spaces and for a developer to use his square footy juff and parking place. So I'd like to amend that to three. I would like to amend that if a study is required that the developer pays. Okay. Is somebody going to note that you know to exactly what the amendments are going to be so that we know for sure what's going on? Okay. All right. So and then, all right. So we're clear on the amendments then, right? So then we just need to have a motion to amend. Okay, I got the motion, I got the second. All in favor say aye. Aye. Any opposed? All right, passed unanimously. Okay, now we need another motion to approve with the amendments. All of them combined. You all of them combined. Move to approve. Ornans number 2204-13 as amended. Second. Okay. On favor. Aye. Any opposed? Wait, you know what? Now we need a roll call. We need a roll call. No, no, but we need public comment also. We're getting a little ahead of ourselves here. Okay. We'll need clarity. All right, so we'll leave the motion on the table. And then Madam Clerk, let's public comment. And clarity on the amendment. Will you stated them? No, I didn't state them yet. No. I didn't state the amendments I wanted. No. Okay, wait a second. We voted on them without any comments. I thought that we were clear with the men as I just said to the manager, we clear on the amendments. Well, he gave an idea of us. We didn't make it in a formal motion yet. Oh, you just approved it, but so basically it was Commissioner Smith's As well as the grandfathering in of the list of properties that you received in front of you right there language though again That's understood there is language that's proposed right? At least on the one that commissioner turnoff No, there was no language yet. No, the language is not there. Can't vote on it if there's not language. That's what I'm saying. That's what I'm saying. Okay, so then you need to create the language now. Is that the idea? Yeah, I think there is a proposed language on the amendment that Commissioner Turner is bringing on the grandfather. Isn't there? No, are we listing each name? We didn't even discuss it. So is the amendment going to list each name of the development that could be grandfathered in? Well, no. Well, Joe's asking a different question. Is there language already there of grandfathering in that's just not? Well, when you say, or when we, wasn't there in the original last meeting from the time I believe there is a draft that I've seen. Isn't there Mr. Manager, Mr. Eng? Is there a draft? No, the public. The public. The developer has proposed language, but that's not being recommended by staff. That's not our language. Well, then what is our language? I understand it. Is that we're going to make amendments. It's going to be that all these, we're going to recognize all these projects of the pipeline. Then, just mayor, I apologize. I did leave one item off of it though. I will have to, I will have to restend it to you digitally. Well, always, wait, wait, wait, all we have to do is say that the people that are approved, the people that are in the pipeline, and up to a certain point from Tread forward, that I don't consider. With all respect, Commissioner, we don't know who's going to be here six months from now or year from now with this project. We have gone to the vaccinated commission, John has gone on and on about the who and how many times. Let's list the ones that they have, fact, and he's going to add one more. And that part of that. Which is the one you're going to add. Derek, if we can just read the entire list. And shouldn't we eliminate the ones that are already approved? I think they're at least available. The Feldman warehouses no longer. Right. And the 170 four shops. And I should note that one of the final plow we just gave your active product at the whole. So in front of practical application of the product that have residential unit attached or 130 buscane 317 North 8168 Dreet, a town harbor and then the last project that we have received this month and going to track on the 24th is the project that is currently South of Greenough Park, at that kind of like promise shaped property, a little bit north of what you see, a little bit of north of ORA. Did you have a total of about 12 last time? No, but those were warehouses and commercial. Right. So these are the ones that are affected by the mixed use. Just for what it's worth. 7400 Weth Dixie, Nityadress. I would think that it is, there's nothing wrong with a list, but it would be preferable if you're going to have a list that there be some language that describes what the exemption is, and then you can say, including specifically the following, but to not have any language that explains why those are being listed, I don't think it's optimum there. So why don't we just say that the following projects or properties are not, are subject to the old ordinance, not the new ordinance, if the ordinance is the right word. And then, and then, and then, and then, the grandfather of the other, the other, the other, the other. Well, I would, I would, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and then, and When you have the new rules that just says something on the order of however projects that are deemed. She's calling it. So projects that are deemed to already be quote in the pipeline both quote having already applied to the thread shall be exempted from these new regulations and you can use the word grandfathered in quotes, grandfathered in close quotes under the old regulations and then say specifically to include and then provide the list. Does that meet what you're trying to do? Yes. Commissioner? Yes. Okay, I would recommend that's on the tape, and that can be verbatim. And that way it's not like you're just picking some projects because you like them or who's submitting them. There's a rationale that explains why you're making this change because they're floating the pipeline. And that way, if there is some question, that policy is easier to justify if we ever had to do so. That would mean that it's my amendment. All right, so that addresses the pipeline portion of it. Yeah. Okay. And then Mr. Manager. I would suggest to Mr. Mayor that perhaps we can do this in two amendments. Well, the first amendment would be the one that Commissioner Turnoff is bringing as to this policy item. And then there are two discrete items that the vice mayor is bringing. And I'll try and help with the language on those. Well, so we have actual language. I think there's also one more that the manager was also bringing. Right? You were bringing about the residential. I mean, the matching the eastern shores requirement. I believe the motion that Vice Mayor Smith was indicating was taking care of that with regards to the number of spots and her recommendation was to eliminate the four spaces per four bedroom and stop it at three and above. So any unit with three bedrooms or more would be capped at three spaces. And then the question would just be if you wanted one space per efficiency studio or one bedroom unit. That's why you might want to have you could roll them both together but have that be a separate amendment and commissioner advice mayor can you can you restate it? So I can try and help with language Anything over three bedrooms is the requirement is three parking places Okay, and what was the other about the developer pace? If they if there is a traffic study required, the developer pays for the traffic study. So I would say that we have one amendment from Commissioner Turner that is subsumed the others. And then there's a second amendment that Vice Mayor Smith wants to bring, which is the section that talks about the developer, if there's a subsequent graphic study, what section? Under Section 5, the second paragraph, all fractional space requirements shall be round the clock to the next highest number. For use, use is not specified. The director shall determine the space requirements a parking study may be required Period and then I want to add that's correct. So I would say the language would be An amendment that provides for two things because those are kind of related more so than the one that Mr. Chernofisbring Your amendment would be to state that as to section 5, second paragraph, if the parking study referenced is required that the proposed ordinance be amended to state that in such event, the parking study shall be paid for by the applicant. And in addition, your other part of your amendment would be to state that section, where is it that you have in front of you? Section, it's on page 9 at the top and it's under section 5 also, parking space requirement. That the amendment would be that and in addition to that section about parking study costs that you move to amend section five, as to the required number of spaces for multi family, multi, to me, multi bedroom units be amended to provide that, say, one more time? Please, by the way. The maximum number of parking spaces per unit will be three. Okay, thank you. To be amended to provide that regardless of the number of bedrooms in a unit, the maximum number of parking spaces to be required for a unit shall not exceed three. language for your change and they can be combined because they're very similar in nature and that is a second amendment. And mayor, we should vote on first on Commissioner Turnoff's amendment about grandfathering. And then second, we should vote on vice mayor Smith's amendment, which has two parts, but both of them deal with the number of parking spaces. Okay, so the language you're going to be able to get off of the tape. That's the right one. Yes. Okay, so that won't be a problem. And so it's going to be transcribing. So I've made the first and I've taken. And I guess whoever transcribes it will get it approved by you before it. Yes, sir. We'll work with the clerk on that and we can get that done. Okay, all right, so that's for now. Do we need to withdraw or vote that the first amendment that we've personally voted on? It's probably best if you have a quick motion by anybody because it was unanimous. To reconsider what was previously voted because it was not flour. I make the motion. He's scratching his head and has a question. The attorney, the way you're afraid, they've created internal inconsistency with the right to the tech to have to create additional amendment because you would essentially create a based on the letter of what you just put together. If you're a cap of the amount of based on the letter of what you just put together, if you're a cap of the amount of basic pre-read bedroom in the way you just describe, but then you don't clarify on whether or not the one per pen unit forgets basis at part of calculation or not, then you're the factor eliminating that part of the regulation and creating something that that would not know how to apply. Well, we don't wanna do that, obviously, Mr. Director. regulation and creating something that Daph would not know how to apply. Well we don't want to do that obviously Mr. Director. That I mean based on how you phrased it I can say that would be bad. So since we don't want to do that I understand what you're saying but I would invite you if you could to supplement the language of the proposed amendment by Vice Mayor Smith with additional language to clarify that we're not intending to negate the section that you just described with the amendment? Could you possibly offer some language for that? I would get simply put an exemption in for get parking and note that get parking will not be considered part of the calculation or maximum parking space for a free bedroom unit. Because then that separates the issue completely. Is that in addition to the prior language or instead of? You have to put it in addition to the prior language or instead of? You have to put it in addition to the prior language if you want to keep the language that's written. Then I would say we would do it the following way. We have the language we just dictated for Vice Mayor Smith, but what we're going to do is we're going to add to that amendment additional language that would say however notwithstanding get parking, get the get based parking requirements. Actually you would actually yeah just leave it at knockwithstanding any requirements for get basis and leave it at that. Any requirements for get-space parking shall be excluded from the calculation. They excluded. They excluded from the calculation. Is that okay with you, Vice Mayor? It's a good catch by Mr. Anh. What Mr. Anh says and you say is perfectly fine with me Then that is the verbatim language for the amendment by vice mayor Smith So I would say mayor that we had Commissioner Joseph just moved to reconsider. Yep quick vote Second, we have a second all in favor to recon die. I am the opposed. Okay now removes what was voted on now I make the amendment Fathering second I second the amendment Okay, well, oh you did already you're making an emotion to amend the first amendment Mr. Churnoff is moving to amend the language of the ordinance as passed on first reading As with state. Yes, I am. And I'm happy. I'm sorry to write. You didn't second. You go to discussion. You have to have public comment. If there is any, hopefully. Here's one. OK. All right. So there might be two of the. All right. So let's want to get public comment on clerk. Public comment is open. If you wish to speak on the item, please step forward. We have the first sign speaker. Dr. Lee sworn in about the time. No, not the time. Sorry. No, you're not that defined. You're just you're giving comment. Fine. We can do that. You can David Zapin. Host of Wage Health Nation. Just the matter of parking spaces. I hope you're right that, say, a four apartment, a four-bedroom apartment should not need a fourth space. But that's presuming that, you know know I get more people are working from home Which I keep hearing just like we were all supposed to be driving zip cars at least 10 years ago, right? You could Basically whip out a credit card and went to car from anywhere I don't see that happening even with Uber helping to replace taxis. No, it's just another case of the change you hope you get, not being quite what you get. 1993, the joke was we were all going to be delivering pizzas to one another, as the factories left America. And while anyway we are, they left out the part how instead of having human dispatchers preferably played by Danny DeVito, instead we're getting digital algorithms with varying outcomes. So yes, I really hope that not every four bedroom apartment needs for spaces, I suspect one of those is being rented out as an illicit Airbnb, but that's just me being a pessimist. So, again, happy holidays. Oh, and I hope someday we can have a talk about the need for tiny houses, perhaps for placing sheds. So that's next year's problem. Good luck out there. Be safe. Thank you. Good evening, Matt. I'm Stuart Lothman, from Berkauld, Fernandez-Larkin and Tappen Es. Office is at 200th, Miss Gain Boulevard in Miami. I'm here today for thear, the lawyer for NANDIS, Larkin and Tappin as offices at 200th South Biscayne Boulevard in Miami. I'm here today for the limited item of grandfathering and thank you for agreeing to add that language. Just to be clear, this is the property at 17400 Westerxy Highway. It's not on your list, but Mr. Eng did mention it because we do have our tread meeting next week. So we wanted to just to make sure that that is one of the projects that is included. I'm here on behalf of Dixie Investments and Roe Dixie, which is the owner. And I appreciate your allowing us to move forward because the project's already been in the works for quite some time. And we will adhere to today's existing requirements. What's the name of the project's already been in the works for quite some time and we will adhere to today's existing requirements. What's the name of the project please? It doesn't really have a name, it's just that 17400 West Dixie Highway. This is about four acre vacant property just south of Grenelts Park. That's the Brahadixie one for us. It was the people? Yes, some people may remember Brahad Haddixie that had a comprehensive plan and rezoning to bring it into the neighborhood center mixed use district. We're very well vetted to have a basically a concept plan that has limited height and we're basically building off of that concept plan for now going through the site plan process. It's just south of the Grenelts Park entrance on Dixie Highway. Yeah. Okay. Thank you. Thank you. Okay. All right. Mr. Mayor, there was a last science speaker. Okay. No one's come forward. Public comments closed. Did we do what the end of? Okay. We're still trying to get the first one done. So we're going to do yours next. All right. Any other discussion on that? We got the motion. We got the second. And you've noticed the name of that other or the description of that other project. 17400. That west, 60 high ones. Was it still called Baja? Was it still the old Braha Dixie project? Yeah. What is it? What is it? The old Braha Dixie project. What's the name of it? It's now called Dixie Partners. It's called the Unnamed Project. No. It's got a name. What's name? The 174, whatever Dixie highway. It's a hamptored that noted that there was an unnamed for the name. Right. Or the form of Braha Dixie Project project if you want to call it that. No, it must have been named. It's just an address. Just call it an address. Call it the Madame. Sir. Okay, please don't. All right. Are we doing you to roll call on this one? We're. All right. So we're all good. All in favor say I. All right. Any opposed're all good, all in favor say aye. Any opposed? Passies now please. So the first amendment, yes. Pass, now we've got the Congressional. We're Smith amendment, right? Okay, we need a motion and second for that. They'll us make the motion. I made the motion. Got the second, perfect. Now when you public comment on the second one. Public comment is open if you would just speak on this amendment please step forward. Okay is everybody comfortable? No one's come forward and public comments closed any other discussion on the second Phyllis amendment no okay we got the second we already have a second you're the second second I think we already had the second. We already have the second. You're the second second. All right. All in favor. All in favor say aye. Aye. Any opposed? Now move to approve. Ordnance number, 2024-13. Second reading as amended. As amended twice. As amended twice. You're really correct. No, as amended. You're really right. Actually that's the right. I listen to my attorney. Matt, but you're more right than you're attorney on that. Okay, so we got the second. Now we need public comment on that one. Yes. Public comment is open. No one came forward, public comment. And it's closed. If there's no comment. Okay, wait, wait, I just want to ask the manager about each and yours. I just want to ask the manager about Eastern shores. So efficiency in a one bedroom get to back to parking places. Was there anything else besides what's a three bedroom? Four things. Eastern shores caps at three spaces for two bedrooms or larger. Okay, thank you. Okay, so we got the public home, we got the motion, we got the second, and now we need a roll call. Commissioner Joseph. Commissioner Scharnoff. Yes. Commissioner Florian-Warn. Yes. Commissioner Jean. Yes. Vice Mayor Smith. Yes. Mayor Piper. Yes. Pase 6-0. Congratulations, Commissioner mayor Smith. Yes, Mayor Piper. Yes, passes 6 0. Congratulations, commission. Finally. Now navigated your way through a comment. Okay, perfect. That was complex. Yes. Okay, now we need a motion to second introduce 11 to move to approve. Move to introduce. 11.2. Yeah, introduce. 11.2, Mr. Attorney. It's not alone. No item, introduce. 11.2, Mr. Attorney. It's not a long one. No. Item 11. Yeah. I'm sorry. No, that's not right. So that's right away, Mayor. Item 11.2, ordinance number 2024-14, first reading. Fiscane Overway District, Edward A. Inters and Community Development Director. An ordinance in the Mayor and City Commission of the City of North Miami Beach for our amending city of North Miami Beach code by amending chapter 24 entitled zoning and land development amending article five entitled zoning use district amending article 24-52 entitled B2 general business district to create subsection 24-52.1 entitled B2 General Business District Overway to provide specific requirements and to provide uniform development standards for properties facing the bisking corridor within the B2 General Business District, providing for conflict, discriminators error, severability and codification and providing for an effective date. Okay. Mr. Ring. Thank you Mayor, commissioners. We had a presentation in here. Don't expect your technology to work tonight. Yes. Great. Do I put there or. Thank you. That's why we have IT. Thank you. That's why we have IT. Thank you. Do I for you, Detective Memmon, ordinance, stopping an overlay for the B2 district of Insane Boulevard and add with before the request at no turn to workshop, before it started rolling regularly for the B2 district along the Biscayne Court or Termata County Strategic Miami area, Rapid Transit Plan. The smart plan, as you know, run through, one accord run through the city with a projected transit station in the future for 151st and Biscayne. You already heard it prior to this, our comprehensive plan changed for the rabbit-rend drone boundary map. And so this would be consistent with that. We are only looking at the B2 item that are adjacent, a B2 donut that the adjacent to the B2 came all over. Every year see there in the map in yellow, it actually would be affected otherwise, but we're restricting it to that particular act. But you'll see in there if they opt into the overlay, for the general public to know, they can too not to opt into the overlay. But the opt into overlay, the U-table does change to allow for a various item ranging from office to parking garage at the primary, you not in a set, we want to talk to another building. Things like that we want to try to look at promoting that other cities are looking at, ranging from commercial recreation, which is bowling alley, then like Bolero or North of High End, to artisanal industry where you ever been to a maker's market at a farmer's market, that is where people have the basis to make a jewelry to earrings and items like our fresh candles and things like that. The challenge here with regard to increasing the density along with Cain, a boulevard the corridor. You know, as we've presented last time, it was really, that's a matter of aligning the city's future growth. A lot of infrastructure is actually important. We've heard time and time again from the commissioners, a commission on your concerns that we're approving all the tall towers next to Tulane Road and then looking at what's going to go wrong to traffic. Here, it's aligned along a six-lane road with provision in the code to address traffic either voluntarily and they're still going to be required to do their fair share as well on pop up what they can provide voluntarily apart of bonuses. We want to incur quality investment along this corridor, and that's why, instead of giving away that, a lot of that density, it's, they have to earn it now. So when you look at changes from 125 to 175 and how the rolling is per acre, they develop it have to provide contribution to get to that 175. It's no longer giving away by right that you have in the misuse district. And that in the form of the thick areas of community benefits. And you spell that out? Yeah, so the type of community development benefit can be found in pages, like referred you to your package, starting on page 11, and they align to a distinct different, a five different areas to use D here, ranging from work for affordable housing to open space and recreation to civic infrastructure. And so when you look at the bonus type, for example, on-site dedication of affordable units, and these are dedicated affordable units for 30-year minimum at by covenant. For everyone unit, you get a two unit density bonus. We know that even though that there's 50 units you can go up to, it can have at 30 a growing unit that you can use for this type of bonus. And so, we're out of different charts that range from affordable and workforce unit to park and recreation funds to anti-dedication. Can you go back to the ratio of the workforce affordable? You said it's up to 30? It's up to 30 units. So if they ask for 30 units, they need to provide 15 of those 30 units for growing in the per acre at the affordable housing. And isn't this where we need to put library? We had actually put in library under Bonotype E, civic infrastructure. So library being civic infrastructure, we actually provided that in the basis of what they need additional height, that they need to contribute a certain amount to qualify. We noted last time that it's also important from the standpoint that when we think about how we're going to structure impact fees in the future, your impact fees in the future can only go towards capital improvement. And what the commission really wants is the money to also be available for programming. You cannot use impact fees for operational cost. Programming is an operation cost. It is not legal. So it will provide the voluntary contribution that makes the utilization and a separate fund, although fund and a separate fund, that makes it appropriate and it voluntary and not required. Okay. I don't want to be a person who is not That's the point. Exactly. Uh-huh. Public comment is open. Oh, I want to keep forward public comments closed. Okay. Commissioner Smith. Okay, I'm just going to thank you. I am going to just quickly call off. Thank you for spending so much time with me today. I want to point out my four things and for discussion and see if anybody else has any discussion on page six. The density is very, very high there and I went over it with Mr. Eng and he said that that would be up to us if we want to say that the five times how much it was in District 2, five times. So if we feel like that density, we could change that. I wanted to point out on page 14, you were going to find out what are the bonus types. It was left blank in the box. When it says participation in the library fund, what are the bonuses they get? I wanted to point out that under waivers, there's only one person that can give a waiver. You know that that rubs me wrong. I like to have there be a check in balance because as long as you have honest good people, work fine. But when things happen, you don't have any strict imbalance and there were a couple other Mr. Annihurgan helped me remember. Who's the one person that makes it? The director. We underpaid and the city may recover any funds and I want to know how that was determined but right underneath it might be interested to some old list that have our license. Under D, the real estate agent could be in violation and be responsible if somebody tries to present fraud to get one of the lower priced rentals on the building. They can hold the real estate broker and the real estate agent liable. If they know we and willingly. Any time you do anything knowing we and willing we that's against the law. But if you don't know if you're a real estate agent and you rent something somebody and you have no idea that they projectly fill out. Then it's not knowing and willing. But you could still be charged according to this. No, it's not. Of course you could charge the rule state agent. She'd have to prove that she didn't know or he would have to prove it in court. Oh, they need a little bit of proof to bring the charge. Yeah, you can't just say it's not you're not guilty for your innocent. That's not how that works. Yeah, exactly. Okay. I have to wipe it. What's your other? Yeah, exactly. Okay. I have a white thing. Thank you. What's your other? Did I ask you to remember this right? No, but let me first address the point that you had for Bonet type evil library. I'm with it was. I was playing because we copied and pasted from Excel file and it just shifted. It's definitely fee in high the hype bon bonus and not to exceed 350 feet. Yeah. So that's a. Yeah, it's a bit. Right. So in terms of the waiver on G, that in regard to waiving the ratio between commercial versus residential, right now, one of the issues that we've faced at the city is the aspect of whether or not we have a commercial requirement for make use, you'll find that in a lot of your, a lot of your type plan approval, there's something that I pretty much said, we kind of have a problem here. And so, you know, we don't necessarily have to have that section, but it's something that the commission should think about, whether to keep that section in turn to vote, even a waiver for that ratio. Sometimes it means it's probably to get killed, but at some point, the city also had to make the policy decision simply saying, well, maybe we don't want to wait that all ever and that's the rule that you have to follow. So that's something that I would ask the commission to consider before second reading and just maybe consider it for my, you know, for staff to look at further if that is your intent. Happy to add to any other questions on this. I'm sorry, but I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm We workshopped it with the planning and don't import for acclaimed multiple meetings before we brought this to them. They did recommended for a 70 to approve. And part of that discussion was, it's dirty story to tall. It's that the envelope fit. What do we have in the other district, particularly the MISQ district next door? And what might those density threshold be and what is naturally acceptable along a major core of this type? So internally staff had actually waffled, not waffle, but internally we're discussing this over the court about five or six months. We had actually come up with a range of numbers ourselves. We started off with looking at something like 225 and we're like, well, that's much too high. We went to planning and don't board. It's like, okay, and we got some direction there to look at our existing code and try to match along some aspect of the existing code. That's why an other portion of the order that you see here, for example, the minimum unicide being 550 feet and 800 square feet average unicides look familiar because it's in other sections of the code. And so that's where, you know, the thought project really around where that came in comes into play. We're happy to change it to the density level that the definition field is appropriate because ultimately it's a policy decision, but from that technical recommendation that's how we really try to derive the number based on how much you could fit in that building envelope based on the height, the step back, and the average unit sizes. Okay, so any other questions, comments, and if we're gonna- How long does this stretch, for the B2 district, how long is that stretch that you have? And I understand that this packet was updated, what was missing from it from before? It was misprinted on two aspects. So the misprint came in on the blank base on pay 14 that committed to mispoint it out. And then the other place where there was a misprint was under page nine, where you see good daycare and vocational, the spaces, it's actually, so there'd be a line in between the two, there's exactly two different items, I didn't align it in print, but at least once they for two students printed. The vocational and good daycare, where you see in the middle the chart that that they will be to slap overlay 3. Good day care vocational. There should be a line between the two items because there's separate categories and that one's paid for two students on the overlay. Mr. Manjera, I do want to have more of a in-depth look at this. I want to support this tonight, but I also want to have a more in-depth chat with you and the team about this protect. Thank you. Second reading. Okay. Yeah, remember it could be amended on second reading if need be. Motion to approve? Second. Okay, so motion to approve as written, correct? As written. Yes, as written. Right. Okay so much to approve as reading correct. Yes I've read right okay all right so um roll call. We need a roll call. Commissioner Shenoff. Yes. Commissioner Floymon. Yes. Commissioner Jean. Yes. Commissioner Joseph. Yes. Vice Mayor Smith. First reading yes. Mayor Piper. Yes. As the 6-0. Mr. Mayor. Can I get an update on what's going on with Fortuna? We can do that off the records so that we don't put any medical concerns on the record. Yeah, thank you. OK. All right. That's the district that's already getting it done. Next we're going to be and correct me if I'm wrong, Mr. Madre 11.6 right? No Think 11 points 11.7 and then 11.7 11.8 11.0 11.6 the clerk needs 11 6 right we need 11.6 11 6 is important to to make sure that we're in compliance with our charter. And then we also need the other ones are time sensitive, which would be 11.10, 11.8, 11.7. Yeah. Yeah, and let's do 11.6. Yeah, and let's do 11.6. Resolution number. We need the motion to introduce. I make a motion. You got a second. Second. Okay. All right. 11.6. Resolution number. R2024-121. Approved City Commission meeting dates for the 2025 calendar year. Andres Bernard City Clerk. Resolution of the Mayor and City Commission in the City of North Bay, but which for North Miami Beach for, sorry, muscle memory, setting the dates for the City Commission meetings for the 2025 calendar year and providing for an effective date. Okay. Mayor. Yes. I have a may. To introduce at the workshop that we had earlier this month, the commission asks, how would we potentially split up the commission meeting so that it is not as condensed as it is right now? Essentially working with the clerk, as part of your resolution, you'll see a second meeting. The second meeting are simply the alternate dates that we would normally pass. So that if we can't have a commission meeting on Tuesday, you have an alternate date, which is the following Thursday. We took that alternate date and simply divided the agenda so that the quasi-duty show and discussion items are part of that second meeting on a standalone and then everything else stays as a meeting one So that you have that there That's so so the way so we're not gonna we're not doing it the Way that we're doing it now the dates are basically gonna be the same. Unless we just say we want to continue like continue. That's up to that's it. That's the way we have. Yeah. Right. I'd be in favor of that. I'll be in favor of that as well. Just keep it continuing the way we have it. Having that's alternate and having the alternate being remaining the way it is and continuing as opposed to having a as a requirement. So I'll make a motion for that. Okay. Okay. Second. Thank you. Wait a second. This is discussion? Yes. Yes. Yes. I just not that I disagree or anything. I just want to make sure we're clear. So what is it that you asked for? We're going to leave it. We're going to leave it the way it is instead of having it as a standalone meeting that remains will keep it will keep it the way it isn't having as an alternate. The second meeting will be optional. We'll be optional as opposed to it being mandatory I guess. Correct. So just to make sure that I understand the motion the motion is to keep the commission meeting on the date. But the entire agenda as it is presented tonight even remains the same and the second meeting is only the alternate date if we cannot have the first. Exactly. Well, or if we decide that we need to have another meeting to finish, if we don't finish the agenda and we decide we don't want to defer at all to the next regular meeting and we want to have that alternate date meeting, which is what we have right now in place. Pretty much what keeping it with that. Nothing's changing. That's what we're saying. That's what we're saying. The last meeting we discussed having two meetings a month. Well, and how did we change it to two meetings a month? And that was what we were coming back. We have the option for two meetings. We have no option. We never take it. And so we always back, look how you're hurrying tonight. You're hurrying and there were so many mistakes. We're trying to say let's do it responsible. Let's have the two meetings and make it work that we are doing it responsibly. We've been talking about this now for months and now there was a way to figure it out. The minute we figured out, you know what you just did, go back to the way we are. So when you start rushing, I mean, I have two people that I want to try to get on the board, because there's no meeting to December. Well, for me, look, the whole issue is that we're rushing is that when we do have our discussions, they go agnasium. They go for a long long time before we had a system where we had like a certain amount of time for each commissioner to speak We've had items that have lasted one item have lasted 45 to even an hour That's some that's something we need wise eyes of God was I agree three So we need to have a system where we have a less have a time discussion for each commissioner Not where it just bounces all over the place and the us not getting to the item as quickly as we could. I think that's something, that's a procedural aspect, and a time management between us as commissioners. Now, in regards to the system that we currently have, I think it does work, it's just the managing of the time that we currently utilize. So that's why I feel comfortable, and that's why I got a second from mayor, saying that we're keeping it the way it is. We should have a system in regards to how we deal on items as we discuss them because, like I said before, we have an ordinance that said we only had a certain amount of time for each commissioner. I think that's. And for some reason, that always goes way above and nobody enforces it. Right. So, all right. All right, so the second was Commissioner John by the way, but anyway, the, right, I mean, I think that the one thing we need to be careful of is that if we've got a big quasi type of project coming up that we might want to consider using that alternate date for that project. I agree. You know, and because otherwise we're going to just use up a whole meeting on the quasi or we don't really want to have a situation where we've got the people presenting and lawyers and everybody here and we don't have time to get there. But your point, Mr. Mayor, a lot of the reasons that we go over is because discussion irons being piled up. Discussion irons. Now, we, I don't think we've ever gone, except when we had the elevator or the fire situation or whatever, when it came to items that, when it came to quasi, I think we were able to get past all those. Right. But when it's- Is the discussion items- It's the discussion items that always go past time. Right. So that's- Like I said, I made my motion, I had my second. if we can move forward because I know we have other items that we would need to go through. Okay, so just to be clear, the motion in the second is for the, for it to be the way that it is right now. Yeah. So this the schedule is gonna work the way it is right now. I just, I wanna add something to what, what the conversation is here, because I know one of the parts of the workshop discussion was council conference, right? And I don't see anything referencing that here. How we would utilize the council conference and also workshops. So that was the entirety of the conversation. Right. So I think that there was some discussion that, you know, if we, if we didn't have all of the proclamations that we would have some time during that conference time to pre-discuss the items for that evening and maybe get ahead a little bit on it. Okay. So, Mr. Mayor, let me, let me direct this to both the clerk and the city manager. When it comes to the, like let's say if we say we're going to keep it as is because apparently there's a lot of confusion up here because I remember what I would, no, when I say confusion me, it's done. No, no, no, what I'm saying is I was able to come back and address all of the issues of concern. Okay, because what I want is for the quasi items to be separate. And so, I'm going to be able to come back and address all of the issues of concern. Okay, because what I want is for the quasi items to be separate. And so, I'm going to be able to come back and address all of the issues of concern. Okay, because what I want is for the quasi items to be separate so that we can address them and not have people sitting here all night long. And in addition to that, what I would like to see is the council conference being used as an opportunity for us to really kind of sift through some of the issues that we're spending hours and hours sifting through right now, right? So that's what I would like to see. And that's not included in what you've presented to us tonight. Commissioner, from my recollection on the conversation. And workshops as well. We talked about workshops and setting dates for workshops so that we can also make sure we go through everything and shorten the commission meetings. And then I see you have the 10 PM thing here as well. From my recollection of the conversation when looking at it, it was, the question was brought up about having workshops prior to the commission meeting and that schedule the week before and there wasn't a consensus to make those either mandatory or anything like that. Then it was brought up that when we've tried that in the past, we would not have the majority of the commission and then the same conversation that we would spend hours at the workshop. We would have to have all over again because other members weren't there. So that conversation kind of stalled out at the workshop. Then with regards to using the conference, the concern that was brought up and this is where I believe the conversation somewhat stalled out was that the conference is only one hour before and that's typically not enough time to dive into any real conversation on any of the items. But would be an opportunity, but would be an opportunity to do presentations if we had any, right? So is there a way for us to look at, I'm sorry, go ahead. Yeah, so to your point, the charter requires that we have 11 meetings on the books. the agenda item. So the agenda item is there a way for us to look at. I'm sorry. Go ahead. Yeah. So to your point, the charter requires that we have 11 meetings on the books. Right. And so how the charter is silent on what the agenda items of those are. It does talk about having certain provisions of how the meetings have a lot of time to be focused on the work that we want to do. We are having certain provisions of how the meetings are carried over and stuff like that. If we want to come back in December or January or whatever the commission wants to have the conversation again and say okay these are the items that we want to now have the second item or the second meeting only when there are quasi-ditials. that's something that you can do as long as we have those 11 on the book. Correct. Okay, so that's what I want to do in my seat. If we have quasi-judicials, which you're going to be organizing, right? They're going to have to go through chat and through the whole process. If we have quasi-judicial items, I want to see those items coming in a separate form during it, I'm sorry, under a separate meeting. And, you know, so. This is the same thing. Okay, well, we're agree, no. I don't agree with that. But we were just saying, but listen, the thing is, is that we're leaving ourselves a little discretion, because let's say the quasi is, you know, like a home addition or a pool or something like that, and the rest of the schedule is not that heavy, then we might say, okay, this makes sense. But if we've got a new high rise quasi-project, then we know we better, you know, do a separate meeting. But the question, but the question, yeah, it be who's us, but it comes back up here, right? It would come back to the same process that we have now. It basically comes back to the same process. So that's what I'm trying to avoid. What I'm saying is the manager has the... What should it have ever happened? We haven't deliberately put it in place. That's the, you know, that's what's happened. There's a nervous and nervous happen. I've never seen that happen. You've never seen what? Where we have the microphone. The first time that it almost happened. It almost because it was on the twenth with the meeting for the next Thursday. Yeah. But then there was an issue where it could have happened. Yeah, but other than that. It was a big quasi. Yeah, it was a big quasi. It was a separate meeting or whatever. Right. But other than that, it is something that typically doesn't happen. Well, you're coming back with a scenario that doesn't necessarily happen. Okay, so why don't we do this did you make a motion on yes? What was your motion on to believe it's the way it is now and who second that motion I have a question as well. I need to and the issue also is that we don't use Robert rules of order Everyone wants to speak freely without asking to do the chair to repair and That's why the meetings run over as well. We don't respect the chair We don't respect that position. We don't respect the chair, we don't respect that position, we don't respect the clerk. And I think those parameters need to be in place where we're respecting the autonomy of time, and not just talking and talking and talking on and on, the points are valid, however, we're not respecting the time. And to that member, when I was the mayor, we had an electronic system that we were instituting that told the mayor who's next and put in order to. But that's not the issue right now. We don't have an order. It's not a matter of order. It's not a matter of what order everyone speaks. It's a matter of how long everyone speaks. So that is something that we need to do something where everybody's on the same page and people aren't going to get offended when they get cut off. Okay I'm going to speak when I get my turn. Okay so anyway that's what you know that is something we really need to look at going forward. But I'm in the meantime, Commissioner Smith get ahead. Okay, I'm going to put it on the table and I'm going to say it is clear, so I know how to say it. I read the agenda and I find out so many mistakes in that agenda. And I go to the manager and I want to put it on record that those items are being corrected on record. That you're voting for it. You're voting for it. You're changing the code. And you don't even realize you have three pages of the same thing and two pages are missing. But when I read it and I find that, and I call the clerk's office, so when I come here, if everybody else would help me and I even said, I hope I get help tonight. It was so intense. Four things were very big, the overlay, the parking. These are big things that you're changing in your city. I don't know how clearly to make it. The manager had a very good point. And me that gets up at 4.30 in the morning, it's so hard to stay alert till midnight on very important changes to our city. So he put into this that you're meeting, the first meeting is over 10. Okay, let's go back to the system because we're not gonna finish it midnight tonight. let's go back to the system because we're not going to finish it midnight tonight. Let's go back to your system. The whole reason this is sitting in front of us is because we felt that we needed a change. If you didn't feel that way, we would not have put the staff through this. We would not have gone through all this reading it, revising it. All of a sudden it comes before you and let's just keep it the same. So nobody shows up at the workshops. If they come sometimes half an hour late, leaving hour early, you don't get discussion, which is very important. Do you want to change this? Should we change this? Should we put our staff through this? This is bizarre that you think it can stay the same and just keep going till midnight. You think we talked too much? Well, read it and help us so that I know somebody else is finding what is very important when you vote on it, you change it. Okay, you know what the answer always was, you can always change it back. You cannot. You need a majority vote. And so if that's the way you want to keep it, I don't mind. I don't mind, but when it comes to midnight, I am not voting to keep it after midnight. Wait, Commissioner Johnson trying to out. Here's what I want to say to that, to that vice mayor Smith. We have three charter officers. If you're going to increase the frequency of the meetings, if there are mistakes, the onus is on them. The onus is on them. So if you're finding the mistakes, that's something that the charter officers need to be called out on. Well, I assume if you're finding the mistakes you're telling them before the meeting to give them the opportunity to correct them before. If they have a whole month to create the agenda and there's still mistakes, that's something that needs to also be addressed. Well, I mean, whenever it is that, you know, any of us find the mistake when we're previewing, you know, what's going on, you know know what we're going to talk about. But if you don't tell the other people, how did the other people know what they're voting on? How did they know what they're voting on? They're just voting. Okay, that's easy too. Respectfully, this workshop that I participated in the other day, the whole idea was, okay, well, we're going to have two meetings. Right. Now, I don't want two of the same kind of meetings that I don't want. So and and in that scenario I may agree with Commissioner Joseph but what I am saying is that if we're going to have a second meeting we should put it in the hands of the manager if he has quasi judicial items that are coming up. It doesn't mean we have a meeting every every for Thursday. What it means is if the manager has quasi judicial, that's going to take a while, then we use that specific meeting for quasi judicial. If like you're saying, we have a 10 minute item, we can take it up that night. But for quasi judicial to have to come to us or for us to say, okay, well, we agree that we should have something else or we don't, because we have to get core and all this extra jazz. I don't think that's necessary. I think what we should do is second meetings for quasi judicial and put it at the manager's discretion if he needs it. So if we have two or three items. I have a discussion. Discussion on. Discussion items. Phil, let them talk. No, I want to ask. It would be on the first meeting. Because it quiet. Right, so this second meeting is only for a quasi- His proposal is second meeting. That's what we were discussing last time. Is that quasi-judicial takes up quite a bit of time. People are sitting here until midnight, sometimes waiting. So and then we would cap it 10 we would cap it 10. Okay. One moment commissioner one moment because it is my you're you're you're trying to mend the motion. No no no I'm not amending it. I'm just I'm just stating something if you think it's an amendment then we can we can go down that route but what I'm saying is we would cap it at 10 a at 10 p.m. as as we discuss during the workshop so that no meeting ever goes over 10 p.m. That we have. Whether it's a quasi meeting or a regular meeting it never goes over 10 p.m. That's what I'm- That's what I'm- Go ahead and then I have a high- Okay. Two things. You've been here how long a year? Approximately. Have we ever not gone to 12? Yeah, one time we didn't. Yeah, one time we didn't. One time. One time. Five of 12? Maybe twice. Yeah, because I remember getting high-fived. Yeah, we're getting high-fived. One, it wasn't twice. Okay. So the whole idea of the discussion was that we constantly went to 12. We didn't get to do our best work at 12. We needed to space it up on two meetings, which both Phyllis and I pushed for two meetings, because again, as long as we've sat on this day, as we had two meetings all the time. It was every Thursday, first and third Tuesday, every month, okay? When did it change to one? I don't know, but again, you guys are here too long because there's too much Too much stuff that has to be done in the one meeting and the mayor manager you can't put it on the manager to say how long a Quasai did this show is gonna happen because there's no way of him telling it What if there's 20 people against it that want to talk then he knows it's gonna be long But he doesn't know that til till tonight, the night of the meeting. Well, what's the thing is- So he can't- He can't- The way we have it, we have the option for the second meeting. And since I've been here, we haven't had it yet. That's right. You've never- You never? We may have done it once, but I think the difference is is that the commission had to vote on if we're gonna have the next meeting. So if there was a way to make it where, when we have the first meeting, that if we vote, we're not gonna have commissioners saying or mayors saying that we can't make it next week. So that was sort of the problem is that the times that we were gonna do, the second meeting, we had commissioners saying, oh, no, no, I can't do this next week, Thursday. So, you know, I guess the middle ground would be, leave it the way it is, but make that second meeting. Oh, need for quasi-admission. the middle ground would be, leave it the way it is, but make that second meeting. Oh, need for a quiescaid. Well, or just make the second meeting there, but subject to be canceled, if need be. I mean, either way, it's kind of the same thing, you know. If we do have, if it is, then it would only be utilized just a piece of my, to, to I guess take the thought process of a Commissioner of Foreman that it is strictly for quasi-judicial because that would, that would demand that type of large-quasi-judicial act. Right. So, so basically the only change that we're making now would be that if we do have the second meeting, right? It'll only be required for large quasi judicial meetings. Right, second. I mean, I'm not second, I'm motion to that. I'm motion to that. I'd like to know just for my own understanding being for one year we've been working on trying to get, and Commissioner Smuckler was also in favor of that. I would like to know why my fellow commissioners don't want to come a second meeting. Why don't you want to work? Why don't you want to give the public their money's worth? Why don't you want to have discussion? Seven people up here with seven ideas. Why? Commissioner Smith, I don't think that's a fair assessment. We have continued, if you said yourself, your main issue is discussion items. If I had a list. I never said that. No, well, you said, hey, what about discussion items? No, I asked him when we were gonna do the waiting. But hang up, I'm not yelling. I'm not yelling, Commissioner Smith. I know, but don't put words in my mouth please. But Commissioner Smith, if we look at the agenda, most of all the discussion I have had are predominantly coming from one commissioner. Maybe we should limit how many discussion I have as a commission could put on the agenda. Because that would save time. We should also enforce an ordinance that keeps us from going over time. We don't do that. Technically the the person at the start of an arms, I mean, I forgot the parliamentarian. Parliamentarian is a one that's supposed to enforce it, but it hasn't been enforced. It's about time management. That's what has always been. It's not about wasting resources, about time management. And by the way, to the point of the meetings, to me, almost every single month, we've had either an extra meeting for a workshop or for budget or for several different things we've had, you know, additional meetings. They were regular commission meetings per se, but we did have additional meetings as well. But- meetings as well. But with all to have been of us. Well listen it whoever shows up or doesn't show up that's a different subject but the meeting was called and sometimes people are not there. The whole purpose of presenting this the whole purpose and working it out with the attorney and working out with a manager was that it would be mandatory and that we would with the manager was that it would be mandatory. And that we would have the seven people that the public elected sit here in a meeting and make decisions that affect their life. Madam commission. And I will tell you another thing real fast while I have the microphone. Is the discussion items have been all been mine? Let's go back the year, count how many I've had, and how many other people have had. But the reason that I may bring up discussion items is because I like my commissioners opinion. Many times I don't know what Commissioner John knows. I don't know what you know Commissioner Joseph, and I would like to learn so that I can say when people call me and say, do this, do this, and do this, and I can say, but you didn't know that, and I learned it at the commission meeting. So all this is very important, and it always worked. We had two meetings a month, and it worked. How are you gonna have one meeting and go home by 10? Let me know how you're going to do that. No, I can do that. I could, I mean, unless, correct me if I'm wrong, but I'm thinking this is two meetings, right? This is one meeting for, you know, regular agenda and another one if necessary, by the manager for quasi-judicial. Lord, Lord. Lord, Lord, Lord. Right. by the manager for quasi judicial. So that's where the word correct. That's where the word mandatory comes in because that's no longer with an R per view to choose. It's now the manager's per view to just make it happen. Right? So that's where that comes. We have to be committed to the second meeting. It's just a matter of, you know, we really, we don't want to have it if we don't need it. This commits us. Right. That's what this does. It commits us to be available for that second Thursday. So do you propose, do you propose accepting it and then if we don't need it, we cancel it? No. What I propose, this is. I mean, there's this emotion on it. That was my motion. So, so the way I would design it is that it will still be, it will still be utilized as an alternate, but if it is utilized, it will be utilized from large quasi-judicial items. That's my motion. Okay. Just for clarification, and I know we have a lot of items that are types sensitive, but when you say large, quasi-deditial, is it a multi-family, is it for business, is it a single-family residential, what is the law? I mean, pretty much anything multi-fifth. I would say anything multi-fifth, multi-fifth, multi-file or commercial or multi-file me commercial right okay that's it let me know that they would only be utilized to that if it if utilized right anything residential would but it will still be it will still be reserved for alternate but only for those issues if utilized that's what I would say that's my motion if we can vote on it because we have other items please right okay. Okay, so we have the motion, we clarified the motion. Yes. We have the second. We're not stopping. Is this, this is gonna be. The 10 PM time slot, right? The 10 PM time slot. No, we're leaving at 12. No, we're leaving at 12. We're leaving at 12. We're leaving at 12. We're leaving at 12. We're leaving at 12. meeting of 12 second meeting of 10 if it happens. If the second meeting happens. Yeah. We'll keep it up. Mr. Commissioner Joseph. So the whole thing about time management that you just brought up makes a lot of sense. We're all, I think, an agreement with the fact that we need to do better at managing time. During the workshop, we also talked about time management preparing the agenda and everything and making sure things go smoothly. So my whole thing was trying to leave her at 10 PM. So if we can do that, that's just two hours. Staff now, we put the onus on them to make sure that we run this smoothly. You did what, what term did you use? It's not started at arms use. Parliamentary and we'll help. I was that you guys if you I don't think he'd like it, but I would get you done it. 10 p.m. Let's do 10. I would definitely like that. Well, look, because I want to hold my second. I want to, if I will concede the fact that if it does go to the alternate that we can keep it at 10. But as it stands now, because of the fact that we're at 11.26 and we have to, I would leave it the way. Most people here want 10. We can always vote to go over. So we can always vote to go over if you want. Most people want 10 PM. No. No. You don't want 10 PM anymore. I don't want to vote to go over if you want. Most people want 10 PM. No, no, you don't want 10 PM anymore. I don't want to vote to go over. Yeah. Oh, okay. So you want to remain at 12? Is that what you're saying? No, 12 is the maximum, but I don't want to stay until 12. Yeah, we don't. With with with all agree with you. I'm with with 10. That's. With all deference. If you imposed limits on how long any commissioner could speak on first blush, and if you imposed time limits per item unless you vote to go over the time limit, if you said that no item shall take more than 30 minutes or 40 minutes without a vote to extend and you put restrictions on Not how many times a commissioner could speak but how long a commissioner could speak without their colleagues Saying well you get longer you could still come back multiple times. But you could do those things. It would require some discipline, but you could do those. I think for right now, the clerk needs to have- From a charter standpoint, can we? So if we just say that we're gonna have those two meetings, I think that we can, and I correct me if I'm wrong, Mr. Attorney. But you can work it out. Well, could we, at a future meeting, decide if we're changing the time of the meetings, as long as we have those dates there? No, well, the thing is that we can, depending, all right, this is what I would say, right? If the city attorney would come back with the policy as he pointed out, that would manage, because you are the parliamentarian, right? That would manage, that would set out the rules of how we would dictate our meetings at the next meeting we have in December, then I would say that at that point at time, we would amend this particular resolution because we need to do it because of the chart. As long as you have the meetings set for the calendar, and the second meeting will be a second as needed meeting. And then that email. You simply say, if you adopt it as it is with two meetings, and you just use the words for the second meeting, if necessary, you will comply with what the clerk needs for the charter. Perfect. You can just say, if necessary, you've set the dates, and then you can manage your way through that, as you go forward with some other ideas, but you will have a second meeting on the book's quote, if necessary. And that we're committed to. Well, okay, that's what I wanted to make. Because that's where we are now. Wait, don't make alternate plans for that second. No, no, no. You know, Commissioner Joseph said it. The quasi-judicial items large, we said, multi-family. Multi-family, we were clear as to what that is. That needs to be iterated. But because of the time management, I would say can we keep it at 12 and then depending on what report? That's the same thing as the proposed legislation though, isn't it not? That it goes to 12? That we still propose to 10 p.m. Meeting that goes to 10. That's what you're basically saying, right? No, no, no, no. What we're saying is the dates, keeping it the same. We're keeping it the same, we're keeping it the same. However, what we're adding to it is that if we do have a second meeting, it will be from quasi a multifamily or commercial. Yeah, I mean, now I'm a little worried about the commercial, but anyway, whatever you want to call you, definitely multifamily. Multi-family. Right, multifamily. And if needed. So that's, I just want to vote on it because I know we have other items. Right. So let's get. It doesn't make sense what you're saying. If you need a second meeting, how do you know you don't need a second meeting? Because you have more things on the agenda. Now you're saying you can't even come on the second meeting. It's got to be quite a digital. It has to be, but that's my motion. Well, yeah, I mean, and again, I think we can adjust this and tweak this as we go. Because we just want to set the date. You know, like basic dates, the second meter is necessary. And you change the thing, that's what it is. Well, we're already discussing how we're going to be enacting the parliamentarian to speed things up. Yes. We're going to be working on time management. We have been, it's mandatory. We would have voted on this ten minutes meeting if we needed. If there's a large quasi, it's going to the second meeting. Why are we going past ten o'clock for any reason? This is so bizarre that you don't you're not changing a thing Mr. Mayor. That's why you're not changing a thing. You could be kidding everybody. Ha ha we're gonna keep it we're gonna do it we're gonna put the dates. You have to be ready for those days in case we need a second meeting anyway. It's in there already. If we need a second date it's gonna be the fourth Thursday or the third Thursday it's already there okay we call your mind while to this in the garbage can we call the vote on on my motion okay all right so we have the motion we have the second um and Danielle um Jane commissioner James is going to tell us about time I'm I'm just saying that we need to do better with time management and we need to respect each other autonomy But at the same time we need to keep this movie. Okay, right all right, so all right. We have the motion We have a second. It's gonna be on voice vote, right all in favor say aye aye Any opposed? We have one opposed two opposed all right, okay, the Motorola one please Can we bring that up? the water oh the water water water water all right all right so right now we're going to the 11 7 right 11 7 move to introduce resolution where are here 24-122 second 117 is a change one point out for the record the Yankees taking game too. Oh. Okay. Okay. All right. 11. Seven. Seven. Resolution number are 2024-122 approve all. Web's enterprise change order. Pedro Mello interim NMB water director. Resolution of the mayor and city commission is city of North Miami Beach Florida. Proving in authorizing a change order to the contract with all web Santa forizing increasing the contract amount by $260,000 authorizing the city manager to do all things necessary to effectuate this resolution providing for conflicts for writing for scriveners errors, providing for severability, subject to the budget appropriation and availability of funds and providing for an effective date. Mayor? Yes. Essentially what this change order calls for is while we're doing well development at the plant, there is erosion occurring around which has soil stabilization issues. And so in order to mitigate that and continue the well development, we need a change order for above and beyond the scope of service that amounts to 260,000. I'm sure our team can go into much more technical detail if you'd like, but that's the summary. Doesn't seem like we have much of a choice. Move to approve. So, all right, we'll all, when you public comment. Public comment is open. If you wish to speak, please come forward. All right. Let's do it. No one can move to approve. The comments are closed. All right. You got a motion and a second. Second. All right. All in favor say aye. Aye. Any opposed? Passes unanimously. Next one. Okay, 11-8. Move to introduce, 11.8. Resolution number R, 2024-123. Washington Park sewer. Okay, Mr. Attorney. Item 11.8, resolution number R, 2024-123. Approved Washington Park sewer and lift station. Sam Zammacona Public Works Director, Resolution of Mayer and City Commission of the City of North Miami Beach, Florida. Approving and authorizing the award of invitation to bid number ITB24-033-SG. Washington Park Pump Station Enforcement Project, park 1912. Authorizing City Manager, Desing Neade Executed and Agreement with the lowest responsive and responsible bidder. Authorizing City Manager, Desing Neade do all things necessary to effectuate this resolution. And subject to the budget appropriation and availability of funds and providing for an effective date. Okay. I mentioned. Essentially, this project is needed in order to construct the community center portion of the park. This is currently only for that park, although as we continue to look for septic to sewer conversions throughout the city, this work will definitely be part of the Washington Park project or we'll be able to tie in. We did put out the bid, only two bidders put in. One is, which is the lowest responsive bidder, is a southern underground, which currently has multiple projects with the city. Our initial engineering estimate was about 2.9 million. This came out at 5.4 million. We do have the funding with the various items that we have done either earlier tonight, as well as during the budget session in which we transferred the PSA building over to water. We did account for any of that overage as well. So we are covered for the project. Okay, so did I miss any? We will need we will need public comment. Public comment is open. No one came forward. Public comments closed. Move to approve. Okay. On favor. I want to ask one question. How did it come to double from the time you gave an estimate? Wasn't the estimate reason because we just knew we needed it maybe six months ago or a year ago. Wasn't far back. How did it come to double? It's an engineering estimate and so there's a lot of different factors that can be put into it from risk, from the contractor side. There could also be just inflationary costs with regards to material and so forth. So there's a lot of different, those are the ones where the bidder put in. Unfortunately, we only received two bids. Yeah, so we went through the whole bid process and flushed that wherever we could. And, I mean, I see it all the time where an architecture engineer draws plans, sits in his air conditioned office and throws a number on it, which may or may not be the reality. And then the contractors who actually have to do the work come and are like, we're not doing this unless we get what it's worth no matter what the engineer architects at. I have a feeling that's a scenario we have here. Is there something else that I may have missed? But if we answer? No. If we bid it out we flushed it out we have no choice but to do it to make the projects happen. I don't see where we have an option. Move to approve. Okay I thought we already had that. But, all right. So all in favor say aye. Aye. Any opposed? Okay, passes unanimously. All right. 1110. Could we, could we? We need a motion to introduce 1110. Okay. What is? You skip the second for 1110. Yeah. You're skipping nine. With number nine for now. For now. You skip the second for 1110 You're skipping nine with nine for now for now, let's just get 10 We we have a motion we need a second second. Okay, we got the second all right mr. Attorney please read 1110 Item 1110 resolution number are 2024 dash, the S125 approved Motorola radio, is piggyback, Nelson Cmatch, I went through, well. We got it, go. Mr. Piningo, Major Piningo's interim chief voice. Resolution of the Mayor and City Commission and the City of North Miami Beach for authorizing, I'm assuming approving and piggyback contract with the city and motor roll solutions in the purchase of APX next portable radio software subscription and warranty in a total budget and amount of $1,816,000. Authorizing city manager, a desing you to do all things necessary to effectuate this resolution providing for conflicts and writing for scriveners, others providing for severability, subject to budget appropriation and availability funds and providing for ineffective date. Okay, we'll have. Let's hear if the manager or. Sure, thank you. Mayor and Vice-Mayer Commission, this is a contract to upgrade our portable radio hardware as well as a software. What this does for police is allows for the sharing that goes with our carbine and that apex type of system that we already have from the dispatch and able to get video sharing and other type of information and messaging over to the police officer in the field. This is also helping to match with the county system in which they are updating as well. A question with regards to the lease was brought up. It is the lease to own, so we do own these at the end of the lease. And the reason why we did the lease program is because we're able to spread out the cost of the purchase of the radios over multiple years instead of all up front. It is a time sensitive as we have several discounts that are being applied to this contract. Typically it would be about a 2.5 to 2.6 million dollar contract but with the various discounts that we're trying to take advantage the price is reduced to 1.8. Okay. So you say we're on? We need public comment real quick. I know. Okay. Public comment is open. No one's come forward public. I'll do a pro. I have a question about on the ownership. We would own it. So we own. Yeah. Okay. Can you talk a little bit more about the technology? Good evening Mayor. Viceers, City Manager. So in regards to the technology, it's the latest technology that we have available to our officers. The system will provide now where the officers can talk. It's a Bluetooth system. The officers can talk to the radio hands free. They can now concentrate on the task at hand, so it's easier. They can set up perimeter points. Supervisors can now, on their radio deputy chief, Nichols will pass it around on their radio. They can actually see where the officers are pinpointed and located. It's just a lot of more safety features that are available compared to the current radios that we have that are completely outdated and they're at their end of life. Okay. The next question that I had for you is what's the warranty like for this? For the life of the product itself is a renewing contract. This is a new contract because we're switching from Harris to Motorola. All we're changing for carriers. Correct. Yeah, because Miami-Dade County, police and fire now are on Motorola. So when we mirror them. So it's just picking up the voice as the officer speaks and recognizes and starts to recognize. As I know it, commissioner, the officer speaks and recognizes the officer's voice and it can communicate hands free. It's like a Bluetooth device, yeah. That's pretty cool. Great. We see we need it. So. Chief, could I ask you, I asked the manager, how often with technology changing so quickly? How often do they change the system? We're going to own it and we have a five year lease. So do they change the system? We're going to own it and we have a five year lease. So do they update it constantly? So we, the current rate is that we have, that we have now. We've had them since 2009. So I would say every 10 years or so at least. No, but now can they, from their stations, change your equipment that we're buying? When they need to update it? They could, so a lot of times we build into our contracts, software updates that we would purchase in order to have that new as a criminal. But we have the ability to do that, to update the equipment in the next five years without happening to change the equipment to new. So if we need to purchase new hardware, then that is an additional cost because you're buying a new unit. Software updates are part of the licensing agreement that's built into the yearly cost. And it seems to be scalable, so that's the part of it. Sorry, wouldn't you say I didn't hear you? Scale, well, because of the fact that the technology is new, it's scalable as time goes by, they can be upgraded. I want to say not as much as when it comes to the hardware, but based on what I've seen and what I've been able to get from staff, it's top tier. Newer technology is usually more upgradable until it's not. So, you know. Over the five year term, that least term, it is under the equipment is under warranty, which is replaceable as well as the software updates are annual as well as that software comes, new software comes available. After the lease program, we have an option to continue on with maintenance, annual maintenance at a nominal cost. I forget what that cost is, but that is discounted after the lease term. Okay, I have a question. As far as the old, well, what is now old, walkie talkies, what are you guys going to do with those? So we are looking into a buy bag or recycle program. I've been approached by certain companies that are within the co-ops, that buy and recycle and we may be able to get a buck for each one. I'm kidding. It may be more than that, but we are looking into recycling and getting some revenue from those. Okay. Thank you. As we face them out. Now I'm doing another country. Alright, so we have the motion. We have the second. Yes. Commissioner Churnoff at something about another country. Would they, if you were to give them to another country or sell them to another country, would they have to also have an internal dispatch system that matches with that or is just the hardware enough? That's a conversation for another day, please. No, I just, I'm Mr. Mayor. I just want to make sure I get the question out. Because we don't have the specifics as to what will happen for a recycle or a buyback program, I wouldn't be able to answer that specifically. But depending upon what Harris has for those that equipment, they would work through Harris for any compatibility. Thank you. On favor say aye. Aye. Any opposed? Passes unanimously, Thank you. All in favor say aye. Aye. Any opposed? Passes unanimously, thank you. All right. Could we? One thing. Could we take a vote on the two people? Yeah, let's do the appointments. Let's do 131 and 132. We'll do them. Move to approve. Move to approve, move to approve, 31 and 2. Yes. Okay. Got a second. All right, all in favor say aye. I have to. Any opposed? No. Could we say their name with their running? What they're going to be? A point of, I mean, if you want to let me. Point of views are, could you just throw it out? Let me read it. A point in Jaxaine L.A.Z. to the Economic Development Commission. And appointing Sebastian Schema to the Economic Development Commission. Good? Yeah. Okay. You know, to point of proof is real quick, I think with commissioners, floor member was pointed out is that given procurement or wherever that department is option to donate if possible to Haiti or another nation. Right. Right. But have them have the ability to do that if that's the best use of that. As opposed to just recycling a metal or smaller city. Or smaller city. I don't know if you want to. I thought that's your problem. The problem is that there may be, you may have to have a central station for them to work. That's why it's a conversation for another day. My report if we can get there. He has an action item on my report if we can get there. Huh? He has an action item on my report if we can get there. Okay. Can we get to that now? We've got another item that you've got at least. No, you can. I think Mr. Manager, I think we've got the important ones, right? The attorney's item is probably more important than anything that's left. Mr. Attorney, you're up. Okay, we've been sued twice in federal court on civil rights violations. One of them, I think everybody knows about that got a lot of press attention for someone who claimed to have been wrongly imprisoned. There's another suit that was brought against us for alleging basically that there was improper arrest tactics by the police and the nature of police brutality. Our insurance excludes these kinds of things, which is a separate discussion for another day. But because both had answers or responses due in federal court, I was not in a position to wait to come to the commission. So I'm asking for ratification, although I don't like using outside council, in this case, these are, first of all, highly specialized, defending those kinds of police involved cases. And secondly, I believe it is an ethical conflict for the City Attorney's Office to represent both the city which is named in one of them and could be added to the other one and at the same time represent officers there was a recent case when I was for instance out, out in Dorao as interim, where the attorney represented both the city and the officers and successfully defended the city which resulted in $600,000 judgements against individual police officers who worked for the city and I don't want the city attorney's office to be at odds with our police department. I think that required outside counsel. I've talked to some of you and talked at some time about the fact that the League of Cities has very good insurance and have very good attorneys. And so I went to the law firm that represents the League of Cities in all of these items. It's the Johnson and Selma law firm in particular, returning Christopher Sterns, and asked if he would represent us in both of those matters. He said that rates are a little fluid and asked for 350 an hour, which I have agreed to subject to ratication by this commission. I mean, I could go out and find another law firm, but this is a very good law firm, a very good attorney, and this is their specialty. So I have, with the consultation, with the manager, I've retained Johnson and some Mr. Sterns to represent us on those two civil rights lawsuits at 350 an hour And I now present that to rat for ratification by the City Commission. Just one question. Do do When you do that do we get costs back if we win if we win there There's some federal civil rights is designed not to impose a burden on people. Yeah, it would stop people, but that doesn't mean there are, you use the word costs. We're unlikely to get a turning fees back, but there are costs that are recoverable in an action if the action is not properly brought, because the courts have authority to award costs such as deposition fees, subpoena fees, filing kinds of fees. But not attorney fees. Typically, not unless there is some other factor. Now if it turned out that it was entirely created out of whole cloth, it had no basis to it and was a complete lie, then under Florida law, which would govern the attorney's fees, even though it's a federal case, there's a statute called 57.105, that is if there is a complete lack of just dishevel issues. So if somebody just invented this in their head, there's a possibility, I wouldn't rule it out. But probably what we're looking at is a recovery for costs if we prevailed, but not likely for a turning space. Move to approve Mr. Mayor. I made the motion. You made the motion. Who's the second? I'll second. You're the second? Okay. All in favor say aye. Any opposed? Passage unanimously. Okay, anything else we want to do in our last eight minutes? I'm in motion. I'm in motion. I'm in motion. Okay. Thank you. I know. you you you you you you you you you you I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to go to the next one. Tired of getting unwanted calls on your mobile phone? Here's what you can do about them. Your best option is a call-blocking app. An app can stop scam calls before they get to you, silence calls from unknown numbers, or send suspicious calls straight to your voicemail. Some call blocking apps are free, some are not. Search your online app store and read the reviews. Also, ask your carrier about call blocking services. You can also check your phone settings to find features like the Do Not Disturb setting. Call blocking won't catch every unwanted call. Report unwanted calls to the FTC. Tell us the number on your caller ID and any number you're told to call back. Learn more at FTC.gov slash calls. Even the mighty might not see it coming. 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