[0:04] >> mayor: all right, good evening, everyone, it's 6:30, [0:09] I'm calling the meeting to order. [0:12] mauricio. >> commissioner joseph. [0:13] >> present. >> commissioner lama. [0:15] >> here. >> commissioner stuyvesant. [0:16] >> here. >> vice mayor viscarra. [0:18] >> here. >> mayor sphechen. [0:19] >> here. >> all members present, ma'am. [0:21] >> mayor: okay, great. Thank you. [0:27] if you could please ruse for the pledge of allegiance. [0:29] [pledge of allegiance] >> mayor: thank you. [0:46] we do not have an invocation tonight. [0:50] mauricio? >> okay. [0:52] so first item on the agenda that we will consider tonight is the [0:55] approval of the minutes of may 14th. [1:02] >> can I get a motion, please? >> so moved? [1:05] >> second. >> second. [1:07] >> all in favor? Thank you. [1:11] we will now play the mayor's opening message. [1:18] 92 good evening, ladies and gentlemen. [1:21] we appreciate your attendance and thank you for joining us [1:24] tonight. Before we begin, there are a few [1:28] important reminders regarding conduct during our commission [1:31] meetings. Please ensure all electronic [1:34] devices are turned off or set to silent mode to maintain the [1:38] integrity of our proceedings. Mutual respect is a foundation [1:41] of productive discussions. We ask that everyone remain [1:45] silent and attentive when someone is addressing the [1:48] commission. Clapping, applauding, heckling, [1:51] or any verbal outbursts, either in support or opposition of the [1:55] speaker, are strictly prohibited. [1:58] any individual wishing to address the commission must fill [2:00] out a public speakers card and submit it to the city clerk [2:04] before the relevant item is announced. [2:07] each speaker is granted a maximum of three minutes. [2:10] should you exceed this time, the chair will notify you to [2:13] conclude your remarks. Speak directly to the agenda's [2:17] points, remain concise, and avoid redundancy. 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[4:08] any necessary removal will be made at the direction of the [4:10] mayor and will be carried out by law enforcement or a designated [4:14] sergeant-at-arms. It is essential that attendeesed [4:17] adhere to heez rules of procedure to ensure productive [4:19] meetings that serve both the public and the city commission. [4:25] thank you for your cawpgz and understanding -- cooperation and [4:27] understanding. >> mayor: okay, before we get to [4:28] the order of business, I want to welcome everyone. [4:31] it's really nice to see so many people in the audience. [4:34] I want to thank you for coming. I want to re mind you in [4:36] addition to the three-minute rule and a make sure you sign [4:41] for any item to speak, this room is designed in a way that we can [4:45] hear all conversations up here, so even if you're in the back we [4:47] can hear your conversations, so kindly if you do need to speak [4:52] to your neighbor please do so outside because it's very [4:54] disruptive for us up here. Okay, thank you. [4:58] mauricio, changes to the agenda. [4:59] >> yes, we have a couple of changes to tonight's agenda. [5:02] the first one is additional information has been provided [5:04] for item 9a, which is the resolution awarding. [5:18] item 9a was a resolution -- 9i was a sublease agreement with [5:24] the sunny isles beach jewish community center. [5:26] item 9j has been revised and a resolution, the resolution [5:30] specifically has been revised, and item 9k has been added on, [5:33] which is a resolution adopting the 2025 through 2030 miami-dade [5:39] county local mitigation strategy. [5:41] >> and are we combining g and h? [5:43] >> yes, we are. >> mayor: okay. [5:45] great. Wonderful. [5:46] thank you. Do woo need to vote on -- [5:50] >> make a motion to approve those changes. [5:51] >> mayor: can I get a motion? >> motion. [5:53] >> second. >> all in favor? [5:55] thank you. Okay. [5:57] so now the first item is ordinances for first reading. [6:04] 6a and I apologize, give me one second, I just lost my things. [6:12] 6a is an ordinance of the city commission of the city of sunny [6:15] isles beach, florida, amending chapter 256 of the code of [6:19] ordinances of the city of sunny isles beach article v, section [6:26] 256-37, entitled definitions, rules and regulations for [6:31] operation, section 233-8 entitled penalties for offenses [6:35] and 256-39, entitled enforcement. [6:37] to create and provide regulations for the use of [6:40] electric bicycles within the city's jurisdiction. [6:43] providing for repealing, severability, codification, and [6:45] an effective date. >> mayor: okay, mr. City [6:47] manager? >> mayor, vice mayor, members of [6:51] the commission. We're bringing this forward in [6:53] response to your request to revise and update our bicycle [6:59] ordinance to include specific regulations regarding e-bikes. [7:05] >> mayor: okay. Do we have any public speakers? [7:11] >> we do. >> mayor: okay. [7:13] >> stephen hirsch. >> good evening, stephen hirsch, [7:17] 17201 collins: I support this ordinance that's amending [7:23] chapter 256 relating to promoting pedestrian safety in [7:27] our sidewalks. I think it's a great follow-up [7:31] to the earlier ordinance regarding scooters. [7:36] however we must note this will likely increase the amount of [7:40] bicycles albeit motorized bicycles on the right lane of [7:43] collins and sunny isles beach boulevard. [7:48] that led me to look at the 236-page, 2016 sunny isles beach [7:54] master plan to see what if any provisions could be affected by [7:59] this, albeit motorized bicycles on our main arteries. [8:04] after reading the report it was evident to me that the 2016 [8:10] study where survey times are over 10 years old needs to be [8:13] updated for several reasons. Population growth has [8:19] substantially increased traffic demand and are well beyond the [8:23] original projections. The report predates e-scooters, [8:28] micromobility devices, app-based on demand transit demands such [8:36] as ubers, lyfts, and the report relied on traffic counts and [8:40] patterns from approximately 2014 through 2015 as any of us speak [8:51] with residents of sunny isles beach and ask what are the major [8:53] downsides to the quality afflife in our city, traffic always [8:57] seems to be near the top if not at the top of the rist. [9:04] as the next logical step after creating pedestrian safety for [9:08] micromobility devices, I suggest the commission -- I suggest to [9:12] the commission that maybe it's time to take and revisit our [9:17] outdated transportation master plan sunny isles beach has [9:22] changed dramatically since 2016 with increased development, new [9:27] transportation technologies, and evolving pedestrian safety [9:33] concerns. Our transportation plan should [9:35] be updated using current data so that any future investments that [9:39] we need to make regarding traffic flow, traffic safety, [9:45] pe paid safety are based on today -- pedestrian safety are [9:50] based on today's realities and not yesterday's assumptions. [9:52] thank you very much for allowing me to talk. [9:54] >> mayor: thank you. Any other speakers? [9:55] >> no further speakers. >> mayor: okay. [9:57] I'll take comments or questions commissioner joseph would you [10:01] like to start? >> just my idea originally was [10:07] to ban e-scooters and e-biked in sunny isles. [10:13] we really don't have a safe provision for them to be in the [10:19] streets. They're absolutely not safe on [10:20] the sidewalks, and and, regard for that is the safety of [10:28] residents in the city. We have scooters now for riders [10:35] on the 16 off the streets, which have made a big difference. [10:47] we will see how things progress but right now our streets are [10:50] somewhat safer and we will see what happens in the near [10:52] future. We can always come back and make [10:55] our policies stronger as necessary. [11:08] >> mayor: vice mayor? >> I support this obviously. [11:11] but I was hoping -- hoping, and I don't mean to catch anybody [11:14] off guard, but if you have the information off the top of your [11:18] head, I know that we started the enforcement or the warning [11:23] period, and I liked one of the facebook posts I saw that on [11:27] that first day you didn't have to open the warning -- you know [11:34] the warning book. So I was just wondering how it's [11:38] looking. If you have any input on that. [11:42] >> to date both pd and code have reported that they've had zero [11:47] violations. >> that is great news. [11:51] >> okay. Anyway, that it's all. [11:54] >> mayor: okay. With that I'll take a motion? [11:56] >> I'll make a motion. >> I'll second. [12:00] >> mayor: mauricio? >> commissioner joseph? [12:02] >> yes. >> commissioner lama. [12:04] >> yes. >> commissioner stuyvesant. [12:06] >> yes. >> vice mayor viscarra. [12:08] >> yes. >> mayor svechin? [12:10] >> the ordinance passes on first reading, second reading will be [12:12] scheduled for july. >> okay, next item, please. [12:16] >> next item is 8a, which is an ordinance of the city of sunny [12:30] isles beach, florida, amending chapter 265 article ii section [12:35] 265-5 init titled definitions and article v, section 265-17 [12:41] entitled subdivision plat approval of the code of [12:44] orordinances of the city of sunny isles beach. [12:45] in accordance with the requirements of section 177.071 [12:50] of the florida statutes as amended by senate bill 784, [12:56] 20005, and to align with certain procedures in chapter 28 of the [12:59] miami-dade code of ordinances providing for repealer, [13:02] severability, codification, and an effective date. [13:05] >> thank you. >> good evening, mayor, vice [13:09] mayor, commissioners. This is second reading of our [13:12] ordinance related to the platting procedures in the land [13:14] development regulations. Just as a quick refreshther [13:18] purpose of this ordinance is to come into compliance with state [13:20] legislation that passed in 2025 that requires all municipalities [13:26] and counties to administratively approve plats with no further [13:28] action or approval by the governing body. [13:33] as the commission requested last month a line has been added to [13:35] the ordinance which states the city manager shall for [13:41] informational purposes only submit a written report to the [13:43] city commission advising of any plat approval, approval with [13:46] conditions, or denial. And that's added in two places [13:49] in the ordinance, once for subdivisions, and also for [13:53] waiver of plats. >> mayor: thank you. [13:54] are there public speakers? >> no, ma'am. [13:57] >> all right. Are there questions or comments [13:58] from the commission? >> yes. [13:59] >> mayor: go ahead, commissioner stuyvesant. [14:01] >> well this was not the direction that was given. [14:05] to be informed after the application gets approved, [14:08] what's the point? So we said that we wanted to [14:11] know when this application was submitted. [14:17] so I will make a motion to modify again exactly the same [14:19] language that it was recommended, with the difference [14:22] the city manager shall for informational purposes only [14:28] submit a written report to the city commission advising of any [14:31] plat, free plat or modification application. [14:39] the second thing on the site, the city commission shall for [14:42] informational purposes only submit a written report to the [14:44] city commission advising of any waiver of plat application we [14:55] had a discussion and the direction was very simple. [14:57] we want to be informed. This is administrative. [14:58] we cannot do anything. We cannot interfere, so the only [15:00] thing we need to know is to be informed. [15:06] we feed to be informed after the application gets submitted, not [15:09] after it guess approved. >> mayor: before I take a [15:12] motion,x a second to your motion, can I get clarification [15:15] from the city attorney because we addressed this during agenda [15:17] review. >> right, as we discussed on [15:19] tuesday at the workshop in looking back at the statute, you [15:22] as a governing body cannot be involved in any way, shape, or [15:25] form in the platting process. The language that was requested [15:30] by implication involves you and inserts you into the process. [15:35] it screams interference. If there is a difference between [15:37] going when it's applied for versus when it's approved it [15:44] points directly to interfeerps, whether it be indirect inference [15:47] or direct interference if you have that in your code anybody [15:50] challenging it would have that to work with. [15:52] so again to keep in the spirit of the statute you are not [15:55] involved in the process at all. It should be after the fact. [15:58] >> mayor: okay. Thank you. [15:58] >> mayor: there is a motion on the table. [16:02] >> again, that is guessing somebody is going to interfere [16:05] because that's not what it says. [16:07] plus we give the direction, you can give your recommendation, [16:09] but we are the legislative body. [16:11] we are the ones who decide we're voting for this. [16:14] and that interference claim look for it in the status, that's an [16:21] interpretation. That is not there. [16:23] so -- you are assuming that by we knowing about this we are [16:26] going to do something with that information. [16:28] and that's not the spirit of this. [16:31] so, it was taken from us, the ability of the power to vote for [16:38] that, for that application. It wasn't taken for us. [16:42] the ability to get informed, so like I said, we need to be [16:51] informed when the application gets submitted ignot, not [16:55] after it got approved that was the specific direction we gave [16:57] in the last commission meeting. >> mayor: okay, is there a [17:00] second to commissioner stuyvesant's motion? [17:05] okay, so motion dies. We're back on the original [17:07] motion or rather I don't have a motion yet. [17:10] so would anyone like to add anything or make a motion? [17:19] >> can I get a motion for this item? [17:22] second? Mauricio? [17:23] >> commissioner lama. >> yes. [17:26] >> commissioner stuyvesant. >> . [17:28] >> no. >> vice mayor viscarra. [17:30] >> I'm a no because I don't think the language should've [17:32] been added to begin with. I liked it the way it was last [17:35] month, so. >> commissioner joseph. [17:39] >> okay. >> no. [17:47] >> mayor svechin. >> the ordinance fails on second [17:49] reading 2-3. >> mayor: okay so can you [17:51] clarify what's going -- >> well, by florida statute, you [17:55] have to, you have to pass an ordinance in this regard. [18:01] >> mayor: so would you like to make a motion, commissioner [18:05] viscarra. >> I would like to make a motion [18:07] to remove the language we added last month. [18:10] >> mayor: can you remind me please what the language was for [18:12] the record? >> the language says, as [18:14] currently written, the city manager shall for informational [18:17] purposes only submit a written report to the city commission [18:21] advising of any plat approval, approval with conditions, or [18:25] denials. >> mayor: okay, is there a [18:29] second to vice mayor's motion? We have to pass something. [18:31] >> well, if there is no second I will change my vote or I'll, you [18:35] know, I'll reconsider the vote or whatever. [18:37] >> okay, hold on. Hold on. [18:39] so if we go back, may I, please? [18:43] if we go back to the original language, what are the [18:46] implications? >> which original language? [18:48] >> no, just means that the manager would not need to advise [18:51] us. That's the difference. [18:52] so, so vice mayor. >> so what are we . [19:05] >> vice mayor if you could clarify. [19:06] >> the way it was originally presented to us, this language [19:08] about the city manager was added last, at the last meeting. [19:13] >> correct. >> and I don't think it's [19:14] necessary. I think we get the information [19:16] if there is something we want to know, we have the monthly [19:19] reports, I feel like adding -- it's not standard language and I [19:25] don't think it belongs there. I don't -- you know if I have to [19:28] change my vote, I will. We're newt going to be without [19:31] compliance -- not going to be without compliance but I really [19:34] think it should just not be there. [19:36] >> mayor: all right so there is -- is there -- let's try this [19:37] again so because there wasn't a little bit of confusion. [19:41] so vice mayor made a motion to go back to the original which [19:44] did not have the language of the manager having to inform the [19:50] commission, specifically of a change. [19:51] is there a second? If we can go back to the [20:03] original? >> procedurally, we would need [20:04] to reconsider this and one of the members of the commission [20:07] that voted against, in this case vice mayor to reconsider this [20:11] item, and then make the motion that she wishes. [20:15] all right. >> mayor: okay. [20:17] >> so motion to reconsider. >> mayor: as written. [20:21] >> yes as written today. >> mayor: today, yes. [20:25] >> and the second for that motion. [20:28] >> second. >> mayor: okay. [20:30] >> all in favor? >> aye. [20:36] >> why are we considering the motion as is, the resolution as [20:38] written today. >> mayor: all right, now I need [20:41] a motion for that. >> second. [20:44] >> mayor: all right, mauricio. >> okay, commissioner lama. [20:49] >> yes. >> commissioner stuyvesant. [20:53] >> no. >> vice mayor viscarra. [20:56] >> yes. >> commissioner joseph. [20:58] >> no. >> mayor svechin. [21:00] >> yes. >> the ordinance is adopted 3-2 [21:03] as written tonight. >> mayor: all right, next item, [21:06] please. >> next item is 9a, [21:11] resolutions. A resolution awarding request [21:13] for proposal number 26-04012 and approving an agreement with all [21:19] season imports doing business as the christmas palace to install [21:23] holiday lights and decorations at various locations throughout [21:25] the city. >> mayor: okay, mr. City [21:30] manager. >> mayor, vice mayor, members of [21:31] the commission, this is our bid that we put out approving with [21:40] all season imports doing business as the christmas palace [21:43] to install holiday lights and decorations at various locations [21:45] throughout the city. >> mayor: okay, do we have [21:49] public speakers? >> we do. [21:51] david virgil. >> mayor: okay. [21:56] >> mayor: again as a reminder to everyone, this your opportunity [22:01] to speak up. >> my name is david virgil. [22:04] my address is 17500 -- I just want to say the renderings of [22:08] the new holiday lights look amazing, in my opinion. [22:13] it's great that there is a wide variety of colors to choose from [22:17] as it appears in the packet. It shows red and green, blue and [22:22] white, and also yellow, so in case anyone's controversy about [22:26] the colors, the city could choose different colors. [22:30] there's also great coverage from the north end of [22:35] the city to the south end of the city which is pretty great too. [22:37] there is one thing I notice on page 30 of the pdf document, it [22:41] shows that there is three palm trees at town center park, [22:47] anything two fell down so maybe two sets of light may be an [22:54] extra cost that is unnecessary at this time. [22:55] so yeah. That's all. [22:58] >> mayor: thank you. Any other speakers? [22:59] 92 no, ma'am. >> mayor: all right. [23:03] this is a hot topic. Are we going to put up the [23:05] pictures on the screen? Do we have them? [23:12] so who would like to start. This is a big conversation, [23:14] commissioner stuyvesant would you like to start. [23:19] who is ready to speak? >> I'll speak. [23:21] >> mayor: go ahead. >> so I do like this. [23:28] obviously I requested this. We do need to work a little bit [23:34] more on the color palette, and then the nativity scene issue [23:38] came up. So I think that we need a [23:44] workshop to define how this is going to be structured and take [23:49] place. Today we are talking about [24:02] awarding of the contract that but those are my comments. [24:04] >> mayor: okay, let the city manager answer and then [24:06] commissioner stuyvesant, you can go. [24:07] >> thank you, mayor. I just wanted to point out to [24:10] commissioner lama's point that we have scheduled workshop to [24:15] discuss this further. >> commissioner stuyvesant, go [24:22] ahead. >> that's very interesting [24:23] because I have here addendums and it was very specific, even [24:28] the instruction to all the bidders that the select [24:32] contractor shall provide holiday lighting in neutral nonholiday [24:38] specific colors. That is exactly what it was in [24:42] the addendum number 3 are the questions and answers to all the [24:47] plan holders. It says that several times. [24:49] the selected contractor shall provide holiday lighting in [24:53] neutral nonholiday specific colors. [24:57] to say it was going to have a workshop for this for the color [25:00] theme when the color theme already is, it says it shall [25:05] provide no holiday specific colors, that's even wors [25:10] than being gaslight. Another thing it says very [25:13] specific also during the four meetings they had, et cetera, [25:20] that they must install a menorah but exclusive specifically the [25:31] manger from the same display. It said that we cannot have it, [25:35] nativity even one of the vendors provided in his offer, and it [25:40] was excluded. So again, no nativity, nothing [25:47] for one group and everything for another group. [25:54] they hads we are going to be discussing the color palette. [25:57] how is that possible whenware going to approve right now a [25:59] contract that says it cannot be multicolor. [26:01] I have that question, city manager. [26:12] >> mayor: go ahead, city manager. [26:13] >> we had to provide some general outlines in order to get [26:16] the bid done, because time is of the essence. [26:19] so in terms of substituting one light for another or the [26:24] possibility of adding or moving let's say a nativity scene would [26:29] be up to the commission, but it certainly falls within our [26:32] purview of however we direct the vendor. [26:35] >> mayor: okay. Go ahead, commissioner joseph. [26:37] >> and that's how we constantly get upcharged. [26:40] I mean the whole process is backwards, it just make no sense [26:44] to me and we do it year after year. [26:48] we should be having the, this workshop. [26:50] we should be having it in march or april. [26:53] not now. It just makes no sense. [26:57] >> mayor: okay. Just want to give others an [27:00] opportunity, vice mayor did you want to add anything? [27:06] >> I recall having, sitting up here and having a discussion [27:08] about it so I don't think -- I don't understand the outrage. [27:11] this is, these are things we talked about, so and we should [27:17] be having a nativity scene. >> vice mayor has the floor. [27:21] >> and we talked about that. And we talked about that. [27:23] just because it gets talked about doesn't mean there's [27:26] consensus. Just because it's discussed [27:27] doesn't mean it was agreed upon so I don't want to go down this [27:30] rabbit hole and be here for an hour if you guys want to really [27:33] dig into the details, we can have a work shop about the [27:37] details, but as far as the contract is concerned, I'm okay [27:40] with it. >> mayor: okay. [27:44] >> may I say something? >> mayor: please, go ahead. [27:47] >> so I think the color and what weaz presented is an improvement [27:50] from last year. I still think it needs to be [27:53] worked on a little but more. Me personally I like to see some [27:56] red and green, which I'm not seeing in this color palette, [28:01] these schematics. So I like to see thatt and [28:06] obviously we need to talk about the nativity scene as well. [28:09] you know I know that there is some legal impediments or [28:14] certain laws, but I think we should be discussing that in the [28:19] workshop as well. That's it. [28:26] we want to streamline and simplify it, and I think we can [28:29] work on the color pallettes very easily. [28:37] >> we have a red one, the same one, golden one, the same one, [28:41] silver one, so -- >> I would go with the red one. [28:43] we take a vote. >> that's the point. [28:46] that's -- you are not going to see this again. [28:47] you know? And also, the issue that we have [28:50] here with this bidding process is that the scope of work was [28:54] completely open. It was not a line of prices. [28:58] so you can not compare when there were not bidding with a [29:04] price. So anybody, that they could [29:06] submit their own design -- no. >> our price that we were -- [29:10] >> issments commissioner joseph. [29:11] commissioner stuyvesant has the floor. [29:13] >> let me read. So what is the competitive [29:15] bidding? Genuine price competition m [29:19] among comparable fix scope bids. [29:21] here we didn't have a fixed scope. [29:24] anybody has to submit whatever they wanted. [29:28] so even because I saw the four meetings that the committee had [29:33] to present thesis recommendation -- these [29:35] recommendation, they say themselves our employees are [29:38] staff that they could not compare. [29:41] I'm quoting. Naithey could not compare [29:46] the four bids. They were different. [29:48] they were different line items. Different prices. [29:50] so we didn't ask them to say let's quote per christmas tree. [29:56] tyci manager. >> city question why the [30:02] lights were still off in golden shores? [30:03] >> I was not aware of it. I'll find out. [30:05] >> mayor: okay, thank you. All right. [30:07] any other comments? >> oh, actually I do have one. [30:12] >> mayor: please, go ahead. >> so I had asked also prior to [30:15] tuesday's agenda review regarding what is happening with [30:21] the vendors at&t and breeze line regarding the fact that they're [30:25] not installing fiber, which had been pulled across the [30:33] intercoastal and is at the bridge at golden shores waiting [30:38] to be installed but they're just not installing it. [30:39] they're looking for additional funds from the city. [30:46] >> mayor: deputy manager. >> I'm not aware of them getting [30:47] any additional funds from the city. [30:48] they have not expressed that to us. [30:51] >> so what is the reason that we still have copper when it's [30:55] obsolete. >> so a I told you I reached out [30:57] to both at&t and breeze line just yesterday, breeze line got [31:02] back to us, they are, I could not understand their response, [31:09] and I need to getter clarification but they said that [31:10] they are using both fiber and copper depending on the cus [31:20] customer. >> I was with breeze line they [31:23] never offered the opportunity and they just came and [31:24] undergrounded mine with copper and their service is on and [31:27] off. It's, it's actually still [31:30] connected not to the underground. [31:31] it's still connected to the overhead. [31:38] so they are not being honest with you and we have paid them [31:43] millions of dollars so we need follow-through with the city [31:45] manager's osto not -- office to not just ride the wave but see [31:48] what's happening and get this job completed. [31:54] >> mayor: commissioner joseph, can you just clarify your [31:55] request so that we can have a discussion? [31:57] >> okay, so for next month I want a full follow-up on what [32:01] the city manager's office is doing to hold these services to [32:07] task in order to have them explain why they're still [32:12] installing copper and not installing fiber that everywhere [32:14] else in the city has access to. >> mayor? [32:19] >> they were supposed to actually, myself and jason, [32:24] senator pizzo were promised by at&t and breeze line that fiber [32:31] was going to be installed at no additional charge and they're [32:33] just not doing it. >> mayor: okay, mr. City [32:35] manager? >> we don't regulate at&t or [32:38] breeze line. So I'm not sure what you would [32:42] like -- >> this contract was signed with [32:43] the city. The city signed the contract for [32:45] for the installations. >> I'll have to look at that but [32:49] we don't regulate -- we don't regulate. [32:52] >> no, it's not. We don't regulate either one of [32:54] those. >> mayor: mr. City attorney? [32:56] >> if they are promising something that they're not [32:58] delivering to you as a customer, or anyone as a customer, they're [33:01] regulated by the public service commission. [33:04] >> so we're paying millions of dollars for the undergrounding [33:06] and we have -- >> we're not paying -- [33:08] >> we have no oversight? >> we're not paying them any [33:10] money. >> we haven't paid any millions [33:11] of dollars for undergrounding? >> you're undergrounding conduit [33:16] but they're -- that's between them and their customers. [33:20] and to the extent that they're promising things to you as a [33:23] customer, that they're not delivering on, that's regulated [33:26] by the public service commission. [33:27] >> so we installed conduit for certain services to use, [33:32] correct? >> correct. [33:36] >> mayor: and we -- so we had hot -- we had hot wire that [33:39] wanted to come in and install internet in golden shores, and [33:45] for some -- so who was it that didn't allow them to use the -- [33:49] >> if I recall correctly, hot wire did not want to participate [33:53] unless they had full participation from the [33:54] neighbors, and they didn't. >> right, that's correct. [33:56] >> so we don't regulate that. >> they didn't have the [34:00] opportunity to, to even advocate to get opinions from the [34:07] residents. I was never asked by hot wire if [34:09] I wanted to have their service. >> mayor: well, commissioner [34:12] joseph, that's not up to us how they run their business. [34:14] that's up to them. We wouldn't be contacting them [34:19] and telling them what to do. >> mayor: so we own the conduit, [34:22] correct? >> yes. [34:26] >> we pay to have the conduit installed and we're allowing [34:29] services to install their copper cable, which is obsolete, in our [34:36] conduit, without any say so as to what gets installed in that [34:39] conduit? >> we don't regulate utilities [34:41] the state of florida does. We can't, it's just like fp&l. [34:46] they are, we're essentially preempted again, they are, they [34:49] fall under the public service commission's jurisdiction. [34:53] >> okay, so. >> if they're doing something [34:55] they're not supposed to be doing and again a lot of it comes [34:59] between the company and the customer what product they [35:02] provide, and the city doesn't get involved in that. [35:05] >> this was the city that signed the contract with fp&l and the [35:10] services several years ago to install the services and [35:18] unfortunately, from what I believe is wording similar to [35:21] whatever is on the poles goes underground, without anyone [35:25] having any foresight to -- or to do any research to understand [35:31] that cable, that copper was obsolete or internet service, [35:38] and that, that fiber which was already several years ago in use [35:44] was the up and coming product for internet, and no one thought [35:48] in this city to look out for the residents and have any forward [35:55] thinking thought to say you must since we're paying so many [36:01] millions, install fiber. Is that correct? [36:03] >> mayor: but again, for clarification, as far as who the [36:06] city is paying. >> well, that, first of all, [36:09] that question should be directed to the manager. [36:11] and two, my understanding is that we cannot dictate what [36:17] these companies offer. >> so, no. [36:21] how many millions have, has the city paid to have the [36:25] undergrounding work done? >> that I have to defer to the [36:28] city manager. >> mayor: susan? [36:30] >> we'll have to research that. Mayor, we're getting off topic. [36:33] >> mayor: I understand. >> this number should be on the [36:36] tip of your tongue. >> mayor: commissioner joseph, [36:38] let's stick to the item on the agenda. [36:41] so. >> no, but, no, because then we [36:43] get to next month, and we still haven't gotten to the point, and [36:47] these services, every resident, 200 something households in [36:54] golden shores, are the orphan child of the city. [36:58] everyone else in this city, every high rise, atlantic isle, [37:03] everywhere, has fiber. Golden shores is the only area [37:06] that there is no even hope except what are they saying for [37:10] four years? Maybe they'll be installing the [37:13] fiber that's right at the bridge on our side in golden shores, [37:18] and they might get around to it in four years? [37:21] that's totally unacceptable. >> mayor: I hear you. [37:23] however, that's not the item on the agenda. [37:26] >> well, I've made it --led y like to add this -- [37:30] >> mayor: we're not. >> I make a motion to add this [37:32] to the agenda. >> mayor: okay. [37:34] we can't do that right now. >> can we make a motion? [37:39] >> [off mic] >> I would like to add a [37:41] discussion as to the undergrounding in golden shores, [37:45] and why it is not been followed up on by the city manager's [37:50] office and we've just allowed them to ride the wave month [37:55] after month without accomplishing what they had said [37:58] they would accomplish. >> who's they? [38:01] >> the at&t and breeze line. We finally have completion [38:05] except for one property for fp&l's undergrounding. [38:10] and that's another issue that for another day if that doesn't [38:14] get resolved that I have to bring up for one resident in [38:18] golden shores that's been tortured with their electrical [38:21] power. >> mayor: no, I understand. [38:22] I think that what you're asking for is not something that we can [38:26] possibly even discuss today. >> well, I want to bring it to a [38:30] head so that the city manager who's it's his duty with all the [38:35] millions we've paid out for the undergrounding, to be aggressive [38:39] in following up and holding these services, they're feet to [38:46] the fireford to get the job -- fire in order to get the job [38:50] done in the way it was promised. [38:52] >> mayor: I understand that but the question that you're asking [38:53] is not within the remit of the city manager as far as giving [38:57] any sort of direction to a private utility. [39:02] >> well,. >> mayor: is my point. [39:03] >> we have the city attorney f. We have to bring suit against [39:05] them, then that's what we should be doing. [39:07] >> mayor: I understand but you must agree this is a very, very [39:09] big scope of discussion that you're looking to -- [39:13] >> month after month and there's never any -- [39:15] >> mayor: I understand. How about this, why don't you [39:16] work it through with the city attorney and the manager and [39:19] bring it on for next month so that we're all clear and [39:22] vaadvanced notice of what exactly you want to discuss. [39:26] >>> great. >> mayor: okay. [39:27] thank you. >> be ready. [39:29] >> mayor: okay. We'll be ready. [39:30] all right. I'll take a motion then? [39:34] >> so moved. >> mayor: I need a second? [39:42] >> no second. Okay. [39:45] so what do we do in this instance? [39:48] the item dies? >> remains. [39:50] >> mayor: okay, status quo. Okay, next item. [39:53] >> next item is 9d, a resolution approving an agreement with [39:58] pipeline plumbing service of broward for as needed citywide [40:01] plumbing and back flow repairs. >> mayor: okay. [40:04] mr. City manager. >> mayor, vice mayor, members of [40:06] the commission. This is an agreement with [40:09] pipeline plumbing for as needed citywide plumbing and back flow [40:15] repairs. >> mayor: okay. [40:16] do we have any public speakers. >> no, ma'am. [40:17] >> mayor: all right, I will take comments and questions from the [40:20] commission. I will take a motion then. [40:22] >> motion. >> need a second. [40:24] >> second. >> all in favor? [40:26] all right. Next item, please. [40:31] >> 9e, is a resolution approving a 4th amendment to the [40:35] agreement with universal protection service llc doing [40:39] business as alight universal security services for armed [40:43] security -- unarmed security guard services at government [40:46] center. >> mayor: okay, mr. City [40:48] manager. >> mayor, vice mayor, members of [40:49] the commission. This is the company that [40:51] provides security guard services at the government center 24 [40:54] hours a day. >> mayor: thank you. [40:56] do we have public speakers? >> no, ma'am. [40:58] >> mayor: any comments from the commission? [41:00] >> no. >> mayor: I'll take a motion, [41:03] please? >> so moved. [41:06] >> mayor: I need a second? >> second. [41:08] >> mayor: all in favor? Okay. [41:09] next item, please. >> 9f is a resolution approving [41:12] the issuance of a purchase order to cspi technology solutions for [41:16] the purchase of uninterruptible power supply units. [41:22] >> mayor: mr. City manager? >> mayor, vice mayor, members of [41:23] the commission. This item is for backup power [41:30] supply for I.t. >> mayor: all right, do we have [41:33] any public speaking cards? >> no, ma'am. [41:35] >> mayor: all right, you sure? >> yes. [41:38] >> mayor: okay. I'll take a questions from the [41:40] commission. Go ahead, commissioner joseph. [41:41] >> at the agenda review even though it's just tampingantatory [41:46] to this -- tangbatory to this item I had asked regarding the [41:50] solar panels on the city on city hall roof. [41:53] is there any information that you have that I had requested? [42:00] >> mayor? >> mayor: please. [42:02] >> the solar panels we check with our I.t. Director, and [42:04] would not be compatible for this use. [42:10] >> no, I understand, but I had sent over information regarding [42:12] different types of solar panels. [42:13] I was asking what type of solar, solar panels do we have [42:17] exactly? >> solar panels is a separate [42:20] issue. And we're still gathering the [42:21] information on that. >> I'm asking for brand, make [42:33] and category, and efficiencies regarding the solar panels that [42:36] are installed on the city hall roof, whether it was taken into [42:44] account, the heat factor, and sun factor in sunny isles in [42:50] south florida regarding the type of solar panels that were [42:54] installed or was it just done willy-nilly like so many other [42:58] things that we waste money on in this city. [43:04] >> mayor: okay. Anyone else? [43:07] >> I would like that for next month, please. [43:10] >> mayor: that could be done probably by email, your [43:12] request. >> mayor: okay, okay. [43:17] perfect. I need a motion. [43:18] >> so moved. >> mayor: I need a second. [43:21] >> second. >> mayor: all in favor? [43:23] all right. Next item, please. [43:26] it's g and h combined. >> 9g is a resolution approving [43:29] a use and occupancy agreement and addendum thereto with the [43:34] florida department of transportation for public [43:35] parking and other public purposes on parcel number 7756 [43:41] located at 500 sunny isles boulevard. [43:44] 19h is a resolution approving a use and occupancy agreement, and [43:48] addendum thereto with the florida department of [43:50] transportation for parcel number 3129 located at 500 sunny isles [43:55] boulevard. >> mayor: okay. [43:56] mr. City manager? >> mayor, vice mayor, members of [43:58] the commission, these two parcels are near each other off [44:02] of sunny isles boulevard and fdot owns these parcels. [44:06] this enters into an agreement with fdot, so we can further [44:09] develop and use those parcels. >> mayor: all right. [44:13] mr. City clerk, do we have public speakers? [44:16] okay I'll take comments from the commission. [44:18] >> yeah, I have a question because here they make keeping [44:21] reference to exhibit b. It says everything is about [44:27] exhibit b or the map, et cetera, are but there is no exhibit b in [44:33] any of the three items. >> so how can we vote if we [44:38] don't the full information. Another thing is that it says as [44:46] well that we need to do these so we can, we can sublease the [44:52] property for the playground, et cetera. [44:54] but now we don't even have the sublease portion being added to [44:58] the agenda. So like I said, the exhibit b, [45:02] which is what it says the most important part, is not [45:06] ininincluded anywhere. It just says draft. [45:17] so I do believe we should defer this item until we have the full [45:22] scope and all the information. >> sorry, which exhibit b are [45:26] you referencing? To t [45:28] >> three of them say exhibit b over and over. [45:30] no not in the resolution, in the remands. [45:32] >> mayor: what page is it? >> okay. [45:33] let me go. >> it looks like it's at least [45:35] one of them is 4d on page 2. >> I found 14 reference to [45:47] exhibit b and it's nowhere. And that's a specific what is [45:51] like the scope, the terms, et cetera. [45:55] what it's supposed to be the okay, the residents state that [46:04] fdot using occupancy agreement and addenda are appended hereto [46:11] and incorporated as competent exhibit b but we don't have any [46:13] exhibit b. And that's exactly about the use [46:18] and o occupancy agreement. It says then later on that we [46:23] acknowledge receipt -- we acknowledge provisions exhibit [46:26] b, we don't have any exhibit b. >> I'm going to let the city [46:32] attorney answer that. >> or the sublease is exhibit b, [46:40] again, no exhibit b. So how can we vote on something [46:43] that we don't have? >> okay, what page were you [47:23] referring to? Just pick one. [47:26] >> put f and put exhibit b and you're going to find it. [47:31] it's more than 14 reference and that's exactly the exhibit that [47:34] is going to be redrawing the boundaries. [47:37] in the legal description, all of that, none of that is there. [47:47] >> no, I don't know. >> I have 20 pages as, I have 20 [47:57] pages on the use and occupancy agreement. [47:59] I have the resolution and the cover page, that's what I have. [48:01] >> okay, you read it? >> what do you have? [48:04] >> I have the same thing. >> so where is -- so exhibit b. [48:07] >> it's supposed to have the scope. [48:09] >> at the end, but -- >> in the occupancy. [48:12] >> it's in all the documents. >> in the resolution. [48:15] >> it's not in the resolution. It's not in the memo. [48:18] it's in the document. >> it should be everywhere. [48:20] >> in the 18 pages document you're going to see three of [48:23] them at the end, and also it makess reference to exhibit b -- [48:27] c, exhibit c is not -- >> it only has exhibit a in [48:31] the -- >> right. [48:32] >> in the occupancy agreement. >> mayor: page 2, number 4 of [48:37] page 2. >> thank you. [48:42] >> it says it under d. Described in exhibit b. [48:48] >> mayor and commissioners, the attachment, the exhibit b was [48:55] attached to the sublease agreement, so if you look at the [48:59] schematic, the item they pulled. [49:01] >> that's the one with the schematics and the shaded green [49:06] areas. >> yes, that's what is being [49:07] referenced as exhibit b. It was just added to the [49:10] wrong -- >> which is the deferred item. [49:13] >> yeah. >> and I do see the schematic. [49:16] but it doesn't say there that's exhibit b because we had exhibit [49:20] a and the schematic is just it's supposed to be like the tree [49:26] survey and the position. And disposition. [49:31] and it's like I said, it's not in the two resolutions that [49:36] we're voting on right now. >> okay, mauricio, for the [49:40] record, could you clarify where it is, please? [49:44] >> it's in the deferred item. >> it's attached to item 9j, and [49:50] it's labeled as schematic for that. [49:52] >> for exhibit b. >> rather than exhibit b. [49:55] but that, it should be attached to items 9h and 9i. [50:00] >> so it was inadvertently left out. [50:02] >> yeah, attached to the wrong item. [50:06] >> mayor: okay. All right. [50:11] so is it available right now on, online? [50:15] >> it is available online, yes. >> mayor: okay. [50:20] >> again, it's not what it's making, it says in the [50:26] resolutions that it's going to have including the scope, the [50:30] boundaries, et cetera, so like I said, it's not there. [50:34] here we can see the schematic, which are the survey, the [50:38] drawings, the trees, et cetera. That's not the reference that [50:43] the contract is making about exhibit b over and over. [50:48] >> may I? >> yeah, please, go ahead. [50:51] >> is the plan to have the sublease item back on next [51:00] month? Or is there some things to be [51:02] worked out? >> some version of that should [51:05] be back next month, yes, that is the intent. [51:12] >> okay. >> so we should have -- [51:12] >> so we should -- you know, combine everything refer for all [51:16] for next month or. >> we cannot vote on something [51:18] we don't have. >> there is something time [51:20] sensitive at this point nat we need to pass this or can we [51:25] wait? >> mayor? [51:26] >> mayor: let city manager answer that. [51:28] >> it can be deferred for a month. [51:32] >> mayor: okay. Does this not slow down us being [51:33] able to add the parking? >> yes, it does. [51:36] >> it delays it, yes. >> mayor: I'm just concerned [51:38] that we are in very, very big need of parking in that area, so [51:43] this delays the parking by at least a month? [51:48] >> yes. >> mayor: okay, are you all [51:49] comfortable deferring it then? >> why was the item deferred? [51:54] >> I don't know. >> because there is no exact -- [51:58] [off mic] >> no. [52:00] >> mayor: please. Nothing from the audience, [52:01] please. Okay. [52:03] so I want to get a very, very clear picture of this before we [52:05] start deferring anything because there have been multiple [52:09] complaints in that area for parking. [52:12] so the item that was deferred you said it's coming back next [52:16] month in some other way. >> correct. [52:21] >> yes, so but can you clarify for the commission and for the [52:26] public why those things need to be connected or don't need to be [52:28] connected so that way we can make a good decision here not [52:32] just defer it because we don't want to vote on it. [52:35] >> okay, so the use on occupancy agreement is intentional to be [52:40] able to bifurcate the green open area from the paved parking area [52:46] which is used for a public parking area that has a revenue [52:51] generator in it. The green open space ask just [52:55] green open space. So the first step is to [52:59] bifurcate those parcels into two separate pieces. [53:04] the sublease agreement which was our initial reason for doing [53:09] that had to be approved by fdot first and also by us and then it [53:13] was sent to the jewish community center upon their review, they [53:19] had some edits and some concerns with the agreement as written, [53:24] they would like to consider changing some terms. [53:27] they want to meet with us after to see if we could come to a [53:32] different agreement that is less of a sublease and more of a [53:36] donation where we are not subleasing to them. [53:41] we are still maintaining the fdot property, but they would [53:46] donate the playground. >> mayor: right but I don't want [53:49] to commingle those two things because the revenue that we [53:54] generate from that parking, I don't know if you had an [53:58] opportunity to confirm how much that is per month, I had asked [54:01] for that. >> it was sent to us. [54:02] >> I did send it to you. >> mayor: you did? [54:05] I missed it then if you can bull that up because missing out [54:10] obviously not just we want the additional parking, but we need [54:14] to be mindful about the lost revenue as [54:20] >> also in the future, we're planning on having -- or when [54:29] miami-dade gets around to it -- >> mayor: I want to make sure [54:33] we're tight on this, because any additional delays can compound [54:38] all of the delays, and this had been a long time coming to get [54:42] extra parking there. >> so the revenue to date from [54:48] october 1 this fiscal year to june 3rd is $78,885.97. [54:56] the revenue from last fiscal year was $110,924 $110,924.87. [55:05] >> mayor: and how many more parking spaces would this [55:08] increase? >> 18 additional and two [55:10] additional handicapped spaces. >> mayor: and how many do we [55:14] have there now off the top of your head? [55:19] >> 30? >> mayor: I know it doesn't [55:20] double it, but it's a significant enough amount that [55:22] it's warranted, okay. One second. [55:26] I just want to make sure we're all clear as to what we're [55:29] talking about here. Go ahead, commissioner joseph. [55:35] >> so I understand that on the third floor at gateway parking [55:41] lot, the temple rents spaces, correct? [55:48] >> through their zoning approval from a previous commission, they [55:53] purchased a number of spaces. They are actually on the roof. [55:58] >> how many? >> again, sir, I'm -- 26, I [56:01] think? >> okay. [56:02] are there any other available, any other spots available. [56:09] >> yes. I mean, it depends. [56:12] >> so why don't we allow them to rent more spots? [56:16] >> if they would like to, we could. [56:19] they do rent it for special events. [56:21] >> but this parking is not limited to just the -- this is [56:26] public parking. >> I understand. [56:28] but most of them will be taken up by shul goers? [56:34] >> potentially. There's also a business there. [56:35] >> yeah, so I'm not thinking though short term. [56:39] I'm thinking long term. >> no, I understand that, but [56:42] there's also a business there that needs parking that has [56:46] nothing to do with the shul that could benefit from that parking. [56:51] >> and I've been there when people are parking there and [56:53] walking to the restaurant, so, yes, even when there's an event [56:57] at the synagogue. >> mayor: sure. [57:00] >> but I'm just thinking if the synagogue is saying they're so [57:06] pressed for spots, why don't we offer them the more spots at [57:14] gateway? Since there are so many more [57:19] available? >> mayor: that's always [57:19] available to them. >> they're aware of those spots. [57:22] >> but maybe it hasn't been presented in this manner at this [57:25] time for them to accept them and alleviate any pressure for the [57:31] parking. >> mayor: but again, this is [57:33] not specific to the synagogue, so -- [57:35] >> yes, I know that. But that would also open up more [57:38] spaces for the restaurant. Possibly. [57:42] >> mayor: I think people park wherever is convenient for them. [57:49] anyone else? >> did we have a motion on [57:53] deferral? >> mayor: not yet. [57:54] >> I agree with commissioner joseph. [57:56] I think if there is something that alleviates an immediate [58:01] problem if there is one and we can just do it right and the [58:04] city manager says there's no harm, no foul, I'm good with [58:11] deferring as well. >> mayor: so you're making a [58:13] motion to defer. >> yes. [58:15] >> mayor: I need a second. >> second. [58:17] >> mayor: all in favor? [ chorus of ayes ] [58:22] >> I'm a no on that, just for the record. [58:24] next item, please. >> next item is [58:34] 9.j a resolution of the city of sunny isles beach, florida, [58:35] allowing the mayor and commissioners, at each elected [58:37] official's sole choice and option, to enroll and [58:39] participate in and receive the same insurance benefits as is [58:42] available to city's regular employees, including for a [58:46] period not to exceed two years after the end of the elected [58:47] officials' respective terms of office. [58:52] >> mayor: mr. City manager? >> mayor, vice mayor, members of [58:54] the commission, this is an item we discussed at a workshop and [58:57] we're bringing it back to you for approval. [59:01] it would establish the ability for the elected officials after [59:05] serving two full terms to participate in the city's health [59:10] insurance for two years. >> mayor: just for [59:13] clarification, I want to make sure that we understand the [59:18] item. Mr. City attorney? [59:20] >> the first initial part of it is just memorializing what the [59:24] status quo already is, that you're conferring upon yourself [59:30] the benefits since 2010 have been received by elected [59:34] officials. When we had the discussion, [59:35] there was a component that there was direction to come up with a [59:41] gap filler with regards to once an elected official leaves [59:46] office to allow them to get on to other insurance. [59:48] so I believe the consensus was two years, so that's what we [59:53] were proposing, but again that's all up to you. [59:56] >> mayor: and just for the members of the public or anyone [59:59] watching, currently the commission receives the option [1:00:01] of participating in the health insurance, same as the city [1:00:06] staff, and has been since 2010. >> I believe so, yes, 2010. [1:00:11] >> mayor: do we have public speakers? [1:00:14] mauricio? >> but that's not for free. [1:00:17] >> mayor: I understand, yes, of course. [1:00:20] >> we do. Dina goldman? [1:00:23] >> my name is dina goldman. I reside at 308 point sienna [1:00:30] drive, and I just want to say a quick support for this [1:00:34] initiative. I think it very well [1:00:37] memorializes something that is a well-needed benefit for elected [1:00:43] officials, and they provide tremendous service, the ones [1:00:47] that provide that service for two consecutive terms. [1:00:53] and they work hard and contribute a lot and this is a [1:01:00] finite -- there are finite parameters to this and it's a [1:01:04] very welcome initiative. And I'm happy to support that. [1:01:08] >> mayor: thank you. Any other speakers? [1:01:10] >> no, ma'am. >> mayor: all right, I'll take [1:01:12] comments -- go ahead, commissioner joseph. [1:01:15] >> I'm looking for a definition of a full term. [1:01:21] >> yes, that's right, there was during the agenda review, that [1:01:23] question was asked. >> right. [1:01:26] I think in our conversations before, we had talked about the [1:01:32] appointed less of a full term, but mauricio, you had quoted [1:01:36] that section of the -- back on tuesday. [1:01:42] as we discussed, commissioner joseph, if it's an appointed [1:01:47] unexpired term, that wouldn't count as a term, but the [1:01:50] question you posed to me before the meeting which we need to [1:01:54] check is if in your case you were elected to an unexpired [1:01:59] term, whether that counts as a term or not. [1:02:01] >> mayor: and does it have to be the entire term. [1:02:04] >> the way it's written now, the resolution is a full both two [1:02:10] full uninterrupted elected terms. [1:02:13] >> mayor: so if you're one day short of the term, then you're [1:02:15] not eligible? >> that was the direction I got [1:02:17] from the city manager, yes. >> mayor: I understand, all [1:02:19] right. >> so nobody quits in the [1:02:23] middle. >> and in that regard, it would [1:02:25] allow me to run again? >> mayor: no, you would be [1:02:30] eligible to use the insurance. >> no, he cannot. [1:02:33] >> mayor: yes, because it's a full term for him. [1:02:36] >> no, it's not. They need to clarify that. [1:02:41] >> mayor: specifically for anyone that has the three years [1:02:45] as a full term, they were elected to a term and they can't [1:02:49] add an extra year, so is that considered a full term or not? [1:02:54] >> what jerry and fabiola have are full terms. [1:02:58] because if it weren't, then that's what he's saying. [1:03:03] if it weren't, then he would be able to run for commissioner [1:03:08] again. >> yes, correct. [1:03:12] >> there's language in the charter that defines, and I [1:03:18] remember looking at it some time ago, and you guys are well [1:03:23] within that. It's like when you were in that [1:03:27] two-and-a-half -- it's like around that two-year mark that [1:03:29] it gets fuzzy, but if you're not able to run for that seat again, [1:03:35] it's because that counts as a full term and that's the [1:03:38] position that you're in. >> mayor: right, that was my [1:03:41] question during the agenda review. [1:03:43] so are we including something like that as a full term? [1:03:50] >> section c23 (c). >> right. [1:03:52] and will end at midnight the day before the mention in the term [1:03:56] whether or not it is actually completed, except a vacancy [1:03:59] being filled for less than two years remaining and the filling [1:04:02] of that term shall not be counted as a term under this [1:04:05] section. >> mayor: so it counts? [1:04:07] >> so if you get elected to fill in for more than two years, then [1:04:13] that counts as a full term, according to our charter. [1:04:16] >> okay, so then for health reasons as well, health [1:04:21] insurance reasons, then it's a full term. [1:04:25] >> I would think so. >> but you can't have it both [1:04:29] ways, so it has to be determined. [1:04:30] >> mayor: I agree with that. Mr. City attorney, is that -- [1:04:36] >> what's the other way? I don't know what both ways [1:04:40] means. >> what commissioner joseph is [1:04:42] saying is you cannot run for a third term because his would not [1:04:45] be considered a full term under this -- [1:04:48] >> but it is a full term. >> exactly, that's what he's [1:04:51] saying. If it's a full term, then it's a [1:04:53] full term for all purposes. >> yes, correct. [1:04:57] >> mayor: but I want to make sure that's what's in the [1:04:59] resolution. >> don't give the health [1:05:02] insurance and I'll run again! >> the resolution definitely [1:05:05] talks about a full term. As to what a full term is is [1:05:10] dictated by your charter. >> right, you can say as set [1:05:13] forth in c23 ... Whatever. >> mayor: all right. [1:05:18] anyone else? Go ahead. [1:05:23] >> so I want to be very precise, okay? [1:05:26] because the public is owed precision when we're spending [1:05:30] their money on ourself. This resolution will have [1:05:36] taxpayers pay for the health insurance for two years after [1:05:43] elected officials are no longer in office. [1:05:49] I heard it suggested we have to do this to follow the law, but [1:05:53] we don't. >> no, no, I did not say that. [1:05:57] >> no, you're interrupting me -- >> mayor: wait a second. [1:06:00] >> I'm being interrupted. >> mayor: wait, commissioner [1:06:04] stuyvesant, I want to make sure the record is clear -- [1:06:07] >> you're not required to confer upon yourself benefits after you [1:06:11] leave office. Simply the status quo since [1:06:13] 2010. I'm not saying that you are [1:06:17] required to give yourself insurance after you leave [1:06:20] office. >> I asked in the last [1:06:22] commission meeting if we were breaking the law several times [1:06:25] with the status quo and your answer was yes. [1:06:28] >> with the status quo, you are receiving insurance that has not [1:06:31] been conferred upon yourself, so you need to formalize that but [1:06:36] that doesn't talk about insurance after your term. [1:06:39] >> mayor: those are two separate things. [1:06:40] >> and I asked specifically if we were breaking the law many [1:06:43] times. I'm going to ask again. [1:06:46] the status quo that we have right now, are we breaking the [1:06:49] law? >> you've been receiving [1:06:51] benefits since 2010 -- >> it's a yes or no question. [1:06:54] >> no, it's not. >> it is. [1:06:58] it's your interpretation as always. [1:07:01] so I'm going to -- >> you need to memorialize, you [1:07:04] have to confer upon yourself the benefits you receive. [1:07:06] the city manager can't do it. The city manager back in the day [1:07:10] in 2010 couldn't do it. You have to confer that upon [1:07:13] yourself. >> again, that's your [1:07:16] interpretation. October 29, 2009, in 2007, the [1:07:22] city was audited by the irs, and one of the stipulations [1:07:27] effective january 1, 2008, was that the salary of elected [1:07:32] officials -- salary -- be subject to all applicable [1:07:37] federal income taxes. Moving on: this information was [1:07:43] only recently learned after lengthy discussions with florida [1:07:50] retirement system representatives. [1:07:52] nothing to do with insurance. We are talking about frs. [1:07:56] frs has recommended that the city comply by simply including [1:08:01] the elected officials in the next monthly report. [1:08:06] we are talking about the florida retirement system. [1:08:11] it doesn't make any allegation to health insurance. [1:08:17] the analyzed cost for the city is seven thousand whatever [1:08:19] whatever and the elected officials are eligible for the [1:08:23] same benefits and subject to the same requirements as regular [1:08:29] city employees. >> yes, because then you're [1:08:31] considered an employee. >> moving on, it says proposed [1:08:36] next steps. Meet with the elected officials [1:08:38] so if there is any interest in enrolling the city in the [1:08:43] elected official class of frs, an approval resolution for frs [1:08:48] at the november or december commission meeting. [1:08:53] this is extremely self-serving. I'm embarrassed to even be [1:08:57] having this discussion right now. [1:09:01] because for the time being, we have three elected officials [1:09:04] that are going to be out of office this november. [1:09:09] and right now, they are trying to codify to continue receiving [1:09:13] health insurance for the next two years on your dime and my [1:09:19] dime, because I'm a resident of sunny isles beach, so when we're [1:09:24] in longer working, you are going to continue paying for our [1:09:28] family health insurance. So my question is very simple -- [1:09:35] >> I said I already recused myself from the vote. [1:09:38] >> according to the law, florida constitution article 7, number [1:09:44] 10, public money may be spent only for a public, municipal [1:09:51] purpose. What is the municipal purpose of [1:09:55] paying the health insurance of the families of elected [1:10:00] officials when they're no longer in office for the next 24 [1:10:03] months? It's a very simple question [1:10:05] about municipal purpose. >> can I answer that? [1:10:08] >> mayor: please, go ahead. >> the florida attorney general, [1:10:11] several florida attorney generals, have opined that it's [1:10:15] absolutely permissible for you to receive benefits. [1:10:18] >> we may. We don't must. [1:10:19] I have your answer here. It says you're going to say that [1:10:23] it requires the city to pay for a former official's insurance. [1:10:30] >> article 7 does not apply in this case. [1:10:32] >> so this is a choice. We are choosing to make the [1:10:36] people pay for us when we are no longer in office. [1:10:40] so I really wanted to see what is the municipal purpose. [1:10:43] that's my question, it's very simple. [1:10:50] >> mayor: okay, for clarification, again, these are [1:10:52] two separate things. Since 2010, the members of [1:10:57] whomever was sitting up here on the dais had the option of using [1:11:02] the city health insurance. Some did, some didn't. [1:11:06] that's since 2010. It was recently realized that it [1:11:09] was never put in a resolution. So this was a cleanup in order [1:11:13] to say if members of the commission are going to continue [1:11:15] to receive health insurance, it needs to be resolved. [1:11:19] in addition to that, and this is the secondary thing, there would [1:11:23] be an additional benefit if an elected official wanted to use [1:11:28] it after leaving office where they can continue using the [1:11:31] insurance for themselves, as I understand, not their families, [1:11:35] themselves. They can pay for their families [1:11:36] for an additional two years. So those are two separate [1:11:40] things. One thing is the status quo [1:11:43] happening since 2010 and the second thing is secondary and [1:11:45] additional. >> that's not the issue in front [1:11:49] of us. >> mayor: it is. [1:11:50] but I want to give someone else an opportunity to speak, please, [1:11:54] that has not yet. You've spoken. [1:11:57] >> I've spoken. >> mayor: commissioner lama, [1:12:00] did you want to add anything? >> first of all, I want to just [1:12:04] clarify a couple things or correct a couple things that [1:12:06] were said. This is not for families. [1:12:09] I don't know where you get that information from. [1:12:12] >> you can pay additional for families. [1:12:13] >> mayor: one at a time, please. [1:12:15] >> but you'll have to pay for them. [1:12:18] >> yeah, like now. >> so it just applies to the [1:12:23] elected official and has a cap of two years. [1:12:26] >> correct. >> so it is very clear. [1:12:29] and this is not something out of the ordinary either, because [1:12:32] other cities have similar type of policies. [1:12:36] some cities don't, some cities do. [1:12:39] so, I mean, you're making it seem as if the residents are [1:12:43] going to be paying endless amounts of money. [1:12:45] and this is an opportunity that's been given to other [1:12:50] people that are going to run and become elected officials as [1:12:52] well. And I think just like exmayor [1:12:57] goldman said, it's good to give those elected officials a gap so [1:13:04] when we get back to let's say our normal lives, we can have [1:13:10] some time to adjust and look for other options when it comes to [1:13:15] health insurance. >> mayor: okay, vice mayor? [1:13:18] did you want to add anything? >> only that the memo being [1:13:23] referred to is frs. And it has nothing to do with [1:13:26] insurance, I agree with that. This is frs. [1:13:29] it doesn't apply. It's not for families. [1:13:31] this is not codifying -- we went over all of this already. [1:13:35] >> and just to be clear, so under chapter 112, your [1:13:41] employees that retire, that actually retire, you are [1:13:45] required under florida law to provide them continuing [1:13:50] insurance in the same -- intermixed with your other [1:13:53] employees so they get the benefit of the lower. [1:13:55] >> and how long is that for? >> continuously. [1:13:57] for your retired employees, those that fit the definition of [1:14:01] a retired employee. That's in the statute. [1:14:05] [ off mic ] >> mayor: can we just -- I'd [1:14:09] like -- we need to maintain decorum up here. [1:14:15] commissioner stuyvesant, let the city attorney finish what he's [1:14:18] saying. >> so under florida law under [1:14:23] chapter 112, you're required for your retired employees to [1:14:26] continue their health insurance if they so opt to do that. [1:14:29] >> for life? >> yes. [1:14:35] >> under chapter 166, you have the authority to extend that to [1:14:39] other employees that are not deemed retirees because it's not [1:14:45] prohibited by state law, okay? You are allowed to do it. [1:14:47] in fact, you did it before for your city attorney for many, [1:14:52] many years, right? This is the same thing. [1:14:54] you have the authority under 166 to do that if you want to. [1:14:58] fair point with municipal purpose, you need to decide what [1:15:01] that municipal purpose is, no doubt about that. [1:15:05] but it is not prohibited for you under your home rule powers to [1:15:09] go ahead and confer that upon yourselves because specifically [1:15:13] it's not prohibited under 112 and it's consistent with the [1:15:15] fact that for your other employees that are retired, you [1:15:19] have to provide them by law. And you can extend that to [1:15:22] others if you so wish, which you've done in the past. [1:15:30] >> so I know personally former employees from the city that [1:15:34] were invited to the fourth floor just to realize that they were [1:15:38] being forced to resign. So when any of our employees, [1:15:43] let's say a police officer, a lady police officer, she is [1:15:48] pregnant, and she's forced to resign, are we going to give [1:15:52] them the courtesy of two years of health insurance? [1:15:56] yes or no, is that for all the employees or politicians, we're [1:16:01] a special class that we have to have special treatment? [1:16:04] because we cannot retire. We have specific terms for a [1:16:12] reason. So retirement benefits do not [1:16:13] apply for us. That status does not apply to [1:16:17] us. Like you said, that status [1:16:19] implies that we can do it. That we are not prohibited to do [1:16:24] it. Not that we have to do it. [1:16:25] however, my question remains the same. [1:16:28] so a police officer that is pregnant and they get fired, are [1:16:33] we giving that police officer two more years of courtesy [1:16:37] insurance? Yes or no? [1:16:40] >> not if you fire an employee. Why would you give benefits to [1:16:44] someone you fired? >> I'm asking the city manager. [1:16:48] >> mayor: go ahead, city manager, when an employee is [1:16:51] fired, do they retain benefits? >> not in they're terminated, [1:16:54] no. >> if they resign? [1:17:01] voluntarily. >> mayor: if an employee [1:17:03] resigns, do they maintain benefits? [1:17:04] >> they may be able to under cobra. [1:17:09] >> ccobra is just an expensive carry-over. [1:17:15] >> so we're not paying the insurance of that police officer [1:17:17] that was forced to resign? Like we do on the fourth floor. [1:17:22] so again, this is about choices. Sadly, this is about right and [1:17:28] wrong. I, myself, due to my current [1:17:33] family situation, understand very well the need of health [1:17:37] insurance. I have a family member with a [1:17:42] very bad condition, so I get it. However, this is not a personal [1:17:51] issue. This is about right and wrong. [1:17:53] these are not the rules of engagement. [1:17:59] the people voting for this will benefit from this immediately. [1:18:03] if we wanted to do this, this is so important to do, so none of [1:18:07] us should be eligible to receive this benefit. [1:18:10] and then we can be making a decision that it will make [1:18:15] sense. But right now, this is a [1:18:20] good-bye gift we're giving to ourself and again this is [1:18:23] totally wrong. That's why people don't trust [1:18:29] government anymore. It's completely self-serving. [1:18:30] if the idea that you claim is just to clean up the status quo, [1:18:36] that option of two more years should not even be there. [1:18:40] and if we want to do that as a perk for the people to run for [1:18:44] office, the proper way, because it's people's money, should be [1:18:48] put to a referendum and we allow the people to say you know what, [1:18:53] elected officials have a very hard job. [1:18:55] maybe they should not be making ten or $20,000 a year. [1:18:59] maybe they have to be making 50. Maybe they should be having [1:19:02] better benefits. That is up to the people, not to [1:19:06] us, to increase our salaries or to start giving us perks that [1:19:12] are not there right now. So this is morally [1:19:17] reprehensible, completely wrong. And in the spirit of being fair, [1:19:23] none of us should be able to benefit from this. [1:19:28] >> mayor: okay. Anyone else? [1:19:32] all right. I'll take a motion on the item. [1:19:36] >> so moved. >> mayor: I need a second. [1:19:42] >> roll call, mayor? >> mayor: yes. [1:19:47] >> commissioner joseph. >> I defer my vote. [1:19:51] >> you can't. >> well, call me last, please. [1:19:56] >> commissioner joseph, you need to vote. [1:20:00] >> no. >> commissioner stuyvesant. [1:20:04] >> no. >> commissioner lama. [1:20:08] >> yes. >> vice mayor viscarra. [1:20:13] >> yes. >> mayor svechin? [1:20:15] >> mayor: before I vote, I just want to say that earlier during [1:20:17] our workshop, we had a discussion about how in november [1:20:21] there's going to be some changes to all of our tax bills [1:20:27] potentially. And while we are an incredibly [1:20:29] healthy city, thank god, and we're doing very well, we don't [1:20:33] know how that's going to work out after november. [1:20:36] so perhaps in past years, I would have been supportive of [1:20:39] this item. I think that given how things [1:20:43] may or likely will change in november, it's important that we [1:20:50] are more I guess -- it's not about responsibility. [1:20:52] I would say just more conservative and while I do [1:20:57] agree that health insurance for elected officials is absolutely [1:21:01] something that should be allowed, I don't use it, but [1:21:04] that doesn't mean it's a bad thing, not at all. [1:21:08] there are some things that elected officials should be able [1:21:11] to get. And perhaps after november, [1:21:16] whomever new people are up here, they may decide they want to [1:21:20] revisit this, but based on that and what's happening in [1:21:23] november, I'm a no. >> the motion and resolution [1:21:31] fails. >> commissioner joseph needed to [1:21:32] vote. >> I did. [1:21:34] >> he voted no. >> may I say something? [1:21:37] so I think that the purpose of this is not to, you know, shower [1:21:42] ourselves with extra benefits or anything. [1:21:46] because if we had bad intentions like other cities have done, we [1:21:49] would have raised our salaries exponentially, because what we [1:21:54] get paid, I mean, I'm thankful for it, but obviously we can not [1:21:57] earn a living from that. Other cities make a lot less. [1:22:00] other cities don't make anything. [1:22:02] other elected officials don't make anything. [1:22:05] so I think it's fair to give the opportunity to people that have [1:22:07] been sitting here for eight years to have that gap, that [1:22:13] cushion. Because now when let's say they [1:22:18] finish their terms, you need some time to kind of adjust, and [1:22:23] whether you're going go into the corporate world or go into [1:22:28] entrepreneurship. At less least we have the choicf [1:22:31] we want to continue to participate and make use of [1:22:33] those two extra years, so I really do take offense to what [1:22:37] commissioner stuyvesant said, because we have -- we sit here [1:22:42] and we serve the people, okay? And we're here to serve the [1:22:48] community, to make the community better. [1:22:53] and I don't think this is anything close to trying to, you [1:22:57] know, benefit ourselves. This is just giving us a cushion [1:23:02] of two extra years to have health insurance, whether we [1:23:05] have that choice, we take it, whether I go back into corporate [1:23:10] or have insurance offered to me through another means, fine. [1:23:14] but I really take offense in what you said, because it really [1:23:18] paints a picture that we are trying to really grab a lot of [1:23:22] money and we're going to raise our salaries from $20,000 a year [1:23:27] to 120,000. >> I never said that. [1:23:29] >> I'm giving you an example, the way you're presenting [1:23:35] things. I really take offense with that. [1:23:40] >> so that's your interpretation of my words and I never said [1:23:42] that specifically. My point was very simple. [1:23:47] actually, we know, god willing if we don't die before, we know [1:23:50] when we're getting out of office. [1:23:53] so I know that unless anything happens, I'm going to be out of [1:23:57] office in november 2028. Other people like you guys, [1:24:03] november 2026, so we can plan accordingly because we know the [1:24:05] moment that we are going to be stepping out of office. [1:24:08] and that's why I tried to connect this and give an example [1:24:11] that somebody who is forced to resign, then they are called [1:24:16] today to the fourth floor and they go to their home that night [1:24:20] knowing that they no longer have a job. [1:24:23] those people, which I personally know that had those meetings on [1:24:31] the fourth floor, more than one, two and three, those people [1:24:35] never had the opportunity to prepare to get another job, to [1:24:41] find another insurance. It happened to them overnight. [1:24:44] people with children, people with families. [1:24:46] so my point is that we are adults clearly and we can plan [1:24:53] accordingly when we are going to be out of office and also what [1:24:56] is it that we're going to be doing to supplement our income [1:25:00] or to get insurance. All of the above. [1:25:04] so I was not -- >> it's called life planning. [1:25:07] >> I was not trying to offend or insult anybody, I'm sorry if you [1:25:11] feel offended by my words. They were not directed to you or [1:25:15] anybody specifically. It's just that this doesn't make [1:25:19] sense. This is how government -- you [1:25:24] know when you're getting out of office so we can plan [1:25:29] accordingly. >> mayor, before, just a [1:25:32] logistical issue. So the resolution was voted [1:25:35] down, but remember there were two parts. [1:25:38] >> mayor: exactly, I was just about to get to that. [1:25:42] >> we need clarification about the status quo and then the [1:25:44] additional two years. >> mayor: do we need a motion [1:25:47] to split this out? >> we can bring it back next [1:25:49] meeting with just the status quo. [1:25:53] >> mayor: okay. All right. [1:25:54] we don't want to do that right now? [1:25:57] >> I mean, no, I'd prefer you have the language in front of [1:26:01] you. >> mayor: perfect, okay. [1:26:03] I want to close this conversation, wa, because I thie [1:26:08] can go on and on and I agree with you, commissioner lama and [1:26:14] vice mayor, and -- I was supportive of this item, but [1:26:19] given everything else, it started not making sense to me. [1:26:24] and I can appreciate commissioner stuyvesant, what [1:26:27] you're saying. I think had you said what you [1:26:29] just said now earlier, it would have landed a little bit [1:26:34] differently. Okay, next item, please. [1:26:37] >> next item is the -- >> so you're saying you would [1:26:40] change your vote? >> mayor: no. [1:27:04] >> mayor, vice mayor, members of the commission. [1:27:05] this adopts the date county local mitigation strategy. [1:27:11] >> mayor: do we have public speakers? [1:27:13] >> no, ma'am. >> mayor: any comments from the [1:27:14] commission? I'll take a motion, please. [1:27:17] >> motion. >> second. [1:27:19] >> mayor: all in favor? All right. [1:27:21] now we're on to -- that's it for add-ons, correct? [1:27:25] citizens forum, mauricio? Do we have public speakers? [1:27:29] >> we do. >> vitally? [1:27:34] >> mayor: just make sure we have the clock on, thank you. [1:27:40] >> mi was coming here as a visitor and conducting business [1:27:48] here. One of the things is that you [1:27:50] guys coming up on the budget 2026-27 and one of the things [1:27:57] going on with the home taxes and things like that, I was [1:28:01] wondering how our police department is going to be [1:28:04] supported. One of the things is I'm not [1:28:07] sure how much you guys get money out of traffic tickets. [1:28:11] you go to intercoastal british, I guarantee you can use that [1:28:18] budget, writing the tickets, to be able to support the police [1:28:21] department. One of the reasons why is [1:28:23] because on several occasions, I observed somebody traveling a [1:28:27] lot faster than they should be traveling. [1:28:29] another thing is I don't know where we're going to get [1:28:32] elected, but they're going to have a hard time to do a great [1:28:34] job as you guys are doing. And to me that's very important, [1:28:39] because coming up here at night or in the daytime, it doesn't [1:28:42] really matter, you notice things going on and that comes from the [1:28:47] city manager and administration. When you guys don't get to relax [1:28:53] or something happens, I want you to look at yourself and say you [1:28:55] know what, I did a great job, because as a visitor that comes [1:29:01] here very often, I think you do an amazing job, thank you. [1:29:06] >> mayor: thank you. >> mr. Maddows? [1:29:20] >> good evening, mayor and commissioners. [1:29:26] victor matos, 18201, collins avenue. [1:29:29] I'm the manager of the trump royale and I come to you with [1:29:33] three basic things for us. That the last commission meeting [1:29:37] that I attended, we were talking about the development right next [1:29:41] door to us, and unfortunately, they're not playing nice. [1:29:47] 4:00 in the morning, trucks and construction. [1:29:49] taking over the streets. Noise affecting a lot of our [1:29:53] residents. Not to mention the debris and [1:29:56] dust that's coming up against the building creating more [1:30:01] expenses for our residents as they have to clean their windows [1:30:04] and not being able to enjoy their balconies. [1:30:08] we would love for the city manager or the code enforcement [1:30:14] to actually help us and if there's a possibility for us to [1:30:19] get notice when and if they're going to be doing work at 4:00 [1:30:23] in the morning so that we can advise our residents that these [1:30:26] things are taking place. We also want to bring to your [1:30:29] attention, I don't know if you've seen it lately, but a lot [1:30:31] of our residents are complaining about beach erosion. [1:30:34] and that is something that is affecting us, because we've lost [1:30:38] a lot of beach in the last eight to nine months, I would say. [1:30:41] and we don't know if the commission has actually been [1:30:47] briefed on this or if there's a plan. [1:30:49] and last but not least, the most recent complaint we're getting [1:30:52] is about the seaweed. I don't know if there's also a [1:30:55] plan for that as well. So I do appreciate your time and [1:30:59] have a great evening. >> mayor: thank you. [1:31:02] your comments have been noted by the manager and he'll be in [1:31:04] touch with you, thank you. >> no other speakers, ma'am. [1:31:08] >> mayor: all right, ladies and gentlemen, thank you very much. [1:31:11] meeting adjourned.