[0:37] >> All right today is Tuesday July 28th 7:09 p.m. [0:41] Calling today's meeting into order madam clerk [0:43] if you'll take the roll please. [0:47] [Roll call] [0:50] [Vice Mayor absent] [0:58] >> Mayor you have a quorum. [1:00] If you'll lead us in the Pledge of Allegiance please. [1:04] >> I pledge allegiance to the flag of the United States [1:06] of America and to the Republic for which it stands, [1:06] one nation under God, indivisible, [1:07] with liberty and justice for all. [1:22] >> Item two a presentation of fiscal year 2027 budget [1:25] and proposed operating millage rate. [1:27] Mr. Manager. [1:30] >> Thank you mayor. [1:32] If I can have our budget manager come up we've prepared a quick , [1:40] we've prepared a presentation on you on the budget but a quick [1:44] summary or what the staff is requesting. [1:47] Tonight is about setting the millage rate cap or ceiling, [1:54] this is where the commission during your September budget [1:58] hearings will not be able to go above. [2:00] Staff is currently recommending keeping it [2:03] flat at 3.883 for that ceiling. [2:07] But we have the presentation for you if you can come up please. [2:30] >> Okay I'm gonna start with a quick recap on the budget [2:34] principles. [2:35] So the principles are ensure compliance with policy statutes [2:39] and contractual obligations of the town. [2:42] It supports building and maintaining infrastructure, [2:46] for the community in the long term. [2:49] It establishes spending authorization, [2:52] safeguards reserves to save financially sound, [2:56] so when our audits are done we have a good financial basis [3:02] and we come up with a clean opinion on our audits. [3:08] And the budget should be transparent affordable [3:10] and sustainable. [3:14] The elements of the budget the financial document [3:17] used to protect future revenues and expenses [3:20] for fiscal year time period. [3:22] It's a roadmap to carry out the Town Commission's objectives [3:26] and strategies. [3:28] Revenues are based on property appraiser [3:33] values and the military and our state and local estimates [3:38] for the General fund. [3:40] Expenses expenditures are based on specific needs and services. [3:46] We try to maintain reserves and funding for capital program [3:51] and the fiscal year starts on October 1st of every year [3:55] and that's on September 30th. [3:57] On the budget calendar today is our meeting [4:02] to discuss the military to advertise on the trim notice. [4:08] That'll be a cap, that's today's meeting and on August 4th [4:12] by August 4th we need to provide the information to the property [4:18] appraiser so that can be advertised on the trim notice [4:21] which goes out around mid-August to the 20 something of August. [4:26] We have a first public hearing on the budget and the military [4:31] for September 8th 5:01 p.m. [4:35] And the second and final hearing on September 22nd at 501. [4:42] The budget that the town's budget [4:46] is based on several funds. [4:47] The compliments of the General Fund which is General Government [4:51] operations. [4:52] We have special revenue funds which is recreation and culture. [4:59] We have the building services and transportation. [5:01] We have the Capital Projects fund. [5:04] Enterprise funds which is our water sewage [5:08] funds our stormwater funds solid waste and parking. [5:11] And then we have an internal service fund just [5:15] called Fleet Management Fund which [5:16] we use to maintain and replace our vehicles. [5:20] Tonight we'll be discussing basically the general fund. [5:27] So revenues from the general fund [5:31] are mainly protecting 27 million in revenues. [5:36] Our revenues are mainly from ad valorem taxes. [5:40] That's 78% and then we have franchise fees [5:43] and some other intergovernmental revenues. [5:47] Our budget is based on 24.8 million [5:50] in projected expenditures. [5:53] The majority of it goes to public safety, then [5:59] general government and parks and recreation [6:01] then physical environment and we have [6:04] 11% going to transfer to enterprise funds. [6:09] The budget, the proposed budget that you [6:12] have would return 2.4 million to general fund reserves. [6:18] Operating expenditures are 21.5 and 3.1 million [6:22] would go to transfer to the enterprise funds. [6:28] These are components of our General Fund revenue. [6:33] In dollar value. [6:35] As you can see it's mainly 21 million [6:40] would be from ad valorem revenues. [6:48] We would not be using any fund balance to balance the budget [6:53] and we would have an excess which [6:56] we would return to reserves. [7:05] This is the chart is the same as basically the first slide [7:11] that we went through. [7:12] 78% of our revenues for the general fund [7:15] are made up of ad valorem revenues. [7:20] And our expenditures these are expenditures in dollar values. [7:26] Between public safety and general government, [7:30] that's the major portion of what our general fund [7:34] expenditures are. [7:38] We would be transferring out $3,065,000, [7:43] 2.5 million would be to provide funding for a Steward project [7:52] or Steward projects I'm sorry stormwater projects that we need [7:56] to work on. [7:57] And then balance of 565, 565,000 would be to balance the water [8:04] and sewer fund. [8:05] Until we complete our rate studies. [8:18] Okay so we have a funding policy base [8:23] and based on the funding policy, the amount [8:27] that we would need to fund, it's a target [8:31] we're striving to fund a target for 2027. [8:34] Would be approximately $12.6 million [8:39] for committed reserves for operations and maintenance. [8:44] Then we have a hurricane and disaster reserve. [8:52] A budget stabilization reserve and a capital reserve. [8:57] Those combined, for fiscal 2027 be it 12.6 million [9:04] which means we would increase those reserves by $1.4 million. [9:09] Balance is returning to unassigned fund balance would be [9:13] $950,000. [9:15] We've budgeted that we would have total return to reserves [9:21] of two point 2,000,003 82111. [9:24] And that's based on a millage rate of 3.8743. [9:32] Just a little lower than the current millage rate. [9:37] For property values and millage rates. [9:40] So we have a small jump at 6.2% increase in our property values. [9:47] That's mainly attributable to the existing properties. [9:52] Not new construction. [9:57] You'll see the same information. [10:00] This is over what properties the increases are [10:04] and you can see it's mainly driven by the condominium [10:08] buildings. [10:09] Any property that's in the condominium buildings. [10:16] Okay the adjustable value on the, [10:20] so the adjustable value is basically it's like market [10:23] value. [10:24] Then we have what's called the taxable value so that's [10:28] after homesteaded properties and only the 10% increase [10:33] on non homesteaded properties. [10:36] So for the tax above, just values [10:41] the condominiums are 59% of the value [10:44] but when it comes to their taxable value [10:48] they end up being 67% of our tax roll. [10:52] And the single family section is 25% [10:55] of the just value which is sort of like a market value. [10:59] But when it comes to factoring in homesteads [11:04] that percentage goes down to 19%. [11:12] Taxable values and the millage rates [11:15] so you see over ten years how the military has come down. [11:19] Gone all the way from 4.8 we're currently at 3.8830. [11:24] And the budget is based on 3.8743. [11:35] And then the property a -- where do tax dollars go? [11:41] So 21% goes to server side. [11:44] 36% goes to the school board and 40% of your property taxes [11:48] go to state county 4% goes to state funding. [11:57] So the majority of your taxes go to the school board [12:01] and Dade County and only 21% ends up going to Surfside. [12:10] Get to the millage rates and tax revenue. [12:16] So we're currently in an adopted rate of 3.8830. [12:21] We've prepared the budget based on a rate of 3.8743. [12:27] And our rollback rate is 3.5221. [12:33] And you'll see the revenues that are generated [12:38] by those different rates are current rates would generate [12:45] 1.967 million, the proposed budget [12:50] was prepared based on an increase of 1.919. [12:55] Almost 1.92. [12:56] And the rollback rate would mean no increase in taxes. [13:05] The various rates depend on voting. [13:09] The voting that's required. [13:11] So if we were voting for the 3.8830 we would need a unanimous [13:17] vote. [13:18] The proposed rate of 3.8743 we would need four votes [13:23] of the governing body. [13:25] And the rollback rate would require three votes [13:29] which is a majority vote. [13:32] So today we're going to determine what the capital would [13:39] be for the trim notice and once you've [13:42] advertised on the trim notice, it's [13:45] really setting the ceiling you can't go down [13:48] so you could go down afterwards but you can't go up. [13:52] Go above that rate. [13:59] Based on the budget was prepared based on the 10% tax increase. [14:04] Over the rollback rate. [14:09] And then this is just how much each millage rate is worth. [14:17] So every one millage is worth 5.4 or 5 $4 million of revenue. [14:30] I think that's it. [14:32] Okay tonight's staff is only seeking guidance [14:34] on a millage cap. [14:36] And recommended millage cap that exists, [14:40] existing military at 3.8830 mills although we are building [14:46] the budget on a military of 3.8743. -- [14:49] on a millage rate of 3.8743. [14:57] >> All right thank you Andrea. [15:00] Any questions? [15:01] Can we get a motion on the table for reopen to public comment? [15:07] >> Make a move for a motion for (Indistinct) [15:12] >> Can we get a motion for the item to move proceed -- [15:16] >> Yeah. [15:18] So moved. [15:20] >> What's the motion? [15:23] >> Motion to proceed with the rate I believe we could get this [15:29] to 3.8743 as our cap. [15:33] I just wanted feedback from town staff if that's something that [15:37] we feel we could -- [15:39] >> Commissioner. [15:40] Yeah you can set the cap at 38743 should you wish. [15:47] We always recommend going a little bit above that [15:50] simply because we're maintaining a flat millage [15:52] rate so that you have flexibility and discussion. [15:55] As you start getting into your meetings in September [15:58] if you're talking about more projects or different levels [16:01] of service or anything like that, if you do not [16:04] have any wiggle room because you set the millage too low, [16:08] then you're not going to be able to kind of move. [16:10] So all staff is building the budget [16:13] at a lower millage rate than what's existing, [16:15] for the ceiling we recommend at least keeping it flat so [16:21] that you have that buffer. [16:23] You're talking about , how much is it? [16:33] Is it about 50? [16:35] Okay. [16:36] So 50,000, if you want to set it at the 38743 that's what [16:41] we're building the budget at anyways. [16:44] You'll be fine with that. [16:47] I would just recommend whatever cap you have, [16:51] just realize that you will not be able to go above it. [16:55] The good thing is that Surfside is in a really good [16:57] financial position. [16:58] In other places during the special hearings [17:04] commissioners would ask well we want this [17:06] and we want more of this and we want more of that [17:08] and my response is do you want to raise the millage? [17:11] Because there was no room but you [17:13] guys are in a really good healthy position so setting it [17:17] at the, and where we're building the budget is perfectly fine. [17:21] >> Okay with that I'm comfortable pushing us to be [17:26] fiscally responsible and to drive out that end cap there. [17:30] I think it's a good start for a new commission [17:32] and I make a motion to proceed with the 3.874. [17:39] >> 3.8743 just for -- [17:44] >> 3.874. [17:47] >> I'll second it we'll open it up to public comment [17:50] and we'll come back to this. [17:51] >> First speaker Commissioner Richard. [18:10] >> Marianne Mashhad. [18:12] 9225 Collins Avenue. [18:14] Surfside. [18:15] So unless there's something I'm not aware of, I recommend [18:21] keeping it at the 3.8830. [18:23] Thank you. [18:25] >> Thank you Commissioner. [18:28] Michael Carrickun. [18:42] >> Michael Carrick 9565 Abbott. [18:44] So must be nice to be flush with all this cash. [18:48] Just to put it in perspective, the first budget I worked on [18:53] in 2010 for the fiscal year 2011, [18:57] the total revenue from ad valorem taxes was 5 million. [19:01] Now it's 20 million. [19:03] There was a good graph over there [19:05] so you saw the high millage rate actually brought [19:07] in very little amount of money. [19:08] Back then. [19:09] The total amount of resort tax revenue in 2011 was a whopping [19:16] 250 000. [19:17] Now it's I think 6 million something like that. [19:21] So anyway my point is I sent everyone an email, [19:24] I know that you're not going to go line by line tonight. [19:27] So please take it if you have any questions about, [19:31] the depth of information that I provided please don't hesitate [19:34] to reach out to me. [19:36] A couple of points, I want to make sure [19:42] that everyone understands that the, [19:45] there's liabilities associated with increasing the headcount. [19:48] I know this particular budget still [19:50] has the CEO or chief of staff position [19:52] I think you guys eliminated that already. [19:54] I don't know if you did or not but I think you should. [19:58] There is also a lot of clarity that's [20:02] needed around the new building. [20:04] For the building department. [20:07] I also wanted to point out that the building Services [20:12] department might be right for outsourcing based [20:16] on the fluctuating and variable workload over the next five [20:22] years or so. [20:23] I don't know if that's a smart to actually bring in full time [20:26] people for all of that because when you bring in full time [20:30] as everyone knows there's a lot more [20:31] liabilities associated with that. [20:33] So again I'm not going to get into too many details here [20:37] I support the 3.8743 thank you very much. [20:43] >> Thank you. [20:44] Mr.. [20:51] >> Jeff Somper 8827 Emerson the budget is bloated but that's not [20:57] your fault. It's a situation that has developed over at least [21:04] ten years. [21:05] It's not unusual when money comes in. [21:10] Additional money comes in to spend it. [21:15] What I recommend is because it's not [21:18] going to be able to be done between now and September [21:21] when you have to approve a budget. [21:25] Is that a deep dive be done on the budget with each [21:32] of the departments I don't know whether you'd [21:36] want to use the Budget committee or something like that [21:41] or how you would like to hire an outside consultant to sit down [21:46] and go through line item by line item [21:50] find out what exactly is done in operations of each department. [21:56] Because Surfside has not grown, we're still a mile square. [22:04] We're still close to the same population. [22:07] As it has been for the last ten years. [22:13] There are many things that have increased in cost. [22:17] Pension health care. [22:20] Salaries have had to increase because of inflation. [22:24] But not to the extent that if you look at the budget numbers [22:29] from ten years ago and look at them now, that you can say that [22:35] there is not bloat and excess in the budget. [22:39] So I think you need to take a hard look at it. [22:43] Have somebody take a hard look at it. [22:44] Because you don't have the time to do so. [22:55] >> Please double check on that thank you. [22:57] >> Thank you. [23:02] >> All right thank you everybody for your comments [23:04] and your feedback Mr. Zumper when I hear you won't be [23:06] on the Budget Committee in August. [23:08] We don't have quorum yet we would [23:10] love to have your eyes on it this month but. [23:13] Thanks for your input. [23:15] Tonight I'm just going to remind everybody tonight [23:17] is just about setting the cap right? [23:19] We are going to spend the next two months still going [23:22] through this budget, there's still a lot to look at. [23:25] But we want to set our cap tonight. [23:27] That's the requirement that we have to do. [23:29] We want to be responsible and not limit ourselves. [23:32] That's all we're here to do tonight. [23:34] So we have a motion unless there's [23:35] a need for further discussion we can call the roll? [23:39] >> I very much share Commissioner Wingard's goal [23:43] of getting to a number like 3.8743. [23:45] But I do, I'm inclined to support the staff's [23:53] recommendation which was also made by Commissioner Mic'd just [23:57] having done this before you just never know, [24:00] and voting tonight to lower the taxes versus voting in September [24:04] makes absolutely no difference in what anybody ever [24:06] pays I want to make sure that's clear. [24:08] All of this is effective next year. [24:10] So it's just a question of whether we leave ourselves [24:13] that bit of wiggle room. [24:15] But I would rather us say agree that we [24:18] want to get to 3.8743 in September and make that a goal. [24:23] The budget is in fact built on that goal [24:26] so it shouldn't be too hard. [24:28] But I think just out of prudence you never know, [24:31] nothing really is gained tonight by lowering [24:33] the military e millage rate. [24:39] It seems like a show to lower taxes I want to do it anyway [24:43] but I want to do it in September. [24:45] I think we should go with the manager's recommendation. [24:48] And stick with the current rate for the trim notice. [24:51] Again, I have every intention of getting to 3.8743 [24:56] at the next meeting it doesn't make a practical difference. [25:04] >> Yeah just Segway to what Commissioner Valdosta was [25:11] saying. [25:14] I mean I tend to sort of try to give myself the ability [25:25] to decide what I want to do based on , [25:34] like what could be reasonable from a military standpoint which [25:37] would be like keeping the same rate. [25:41] I don't know if we're going to get to a practical -- [25:48] I don't think actually, I we're not [25:51] going to get a particular advantage [25:53] if we're going to set a lower millage rate tonight. [25:57] From now in September you know we'll [25:59] be talking about many things during our budget workshop right [26:02] like we want to do this, we want to do that. [26:06] And things that ultimately are going [26:08] to be vetted by the community. [26:10] So I want to make sure that this is , [26:14] that everybody understands that. [26:15] So that the idea is not to waste money absolutely not. [26:23] We want to lower taxes as much as possible. [26:26] But at the same time we want to listen to the community [26:30] and give the services that the community think that we [26:34] should have in Surfside. [26:36] So that's why if we want to do that, [26:39] and we keep thinking about that, then maybe leaving 3.883 [26:46] would give us an extra 50 K which is not a lot. [26:51] But still. [26:52] A little bit of wiggle room. [26:57] I don't feel strongly about it, I mean at the end of the day [27:01] with this commission we're going to settle for 3.8743. [27:04] Like I said it's just 50 K. It doesn't change it that much. [27:10] However, you know. [27:12] The final decision is going to be in September [27:15] so it's just a limit now. [27:22] Mayor Danzinger: I just want to say I've seen this commission [27:24] spend almost $300,000 with less of a discussion [27:27] and we're talking about $50,000. [27:28] So this is boggling my mind I don't know [27:31] if there's another purpose. [27:32] I just want to say two years ago we were at $15 million spending [27:37] close to 16. [27:38] We're at 21 now the town is asking for that's [27:41] a lot of growth in two years. [27:42] So I am not passing a 3.87 budget I [27:46] expect us to bring a lot lower. [27:48] Because yes there's a lot of revenue coming in [27:51] but unless we can articulate during my time [27:53] with that 15 million we built three parks, [27:55] we did the Dune resiliency we did project after project [27:57] after project. [27:58] So I think there's a lot of room in again [28:01] we have two months to figure out where this money is going. [28:04] And how a lot of these departments [28:06] I don't know how many of you have gone [28:07] live I know by a line item yet in the budget [28:09] and how I don't want to use bloat is the wrong word [28:12] but how those numbers have exceeded in the last two years. [28:16] And I ran on fiscal responsibility [28:18] and I'm going to be there so to say that I'm just [28:20] going to adopt the same number as last year is completely [28:22] wrong. [28:23] And I don't know again why we're going [28:25] in circles on less than a percentage of a point. [28:27] >> It's just an opinion. [28:31] >> I mean my suggestion was we informally agree among ourselves [28:35] that the goal is to get it down. [28:37] Which we all agree we all want to be [28:39] the politician who cuts taxes nobody's disagreeing about that. [28:43] It's just, to the mayor's question he's asking [28:47] what is the reason the reason is that our fundamental goal here [28:51] should be prudence not sort of a soundbite. [28:54] Tomorrow. [28:55] And just in the interest of prudence nothing [28:58] is lost by staying with the current tax rate. [29:01] Some scenario is foreclosed. [29:05] And I just think our obligation is [29:08] to be the most prudent tonight. [29:10] Than in September we can all cut taxes [29:12] and we can say we cut taxes. [29:13] So I would opt for again, because I [29:17] don't feel this proposal is really considered. [29:19] We informally agree that that's what we're going to go. [29:22] But then we still vote for the current rates [29:25] just to give the staff and everybody wiggle room. [29:27] Mayor Danzinger: So there's a great line [29:30] item becomes a role when action is [29:31] taken towards its achievement. [29:33] >> And the best time to start doing something better is now [29:36] so this isn't for a sound bite if I need a sound bite [29:39] I'll create one. [29:40] Everyone's over on the record. [29:42] And everyone can hear it. [29:44] But this is about setting a precedent [29:46] and if it's our first budget and we've heard from town staff [29:50] that we're in a good place here. [29:53] And my motion was to get into action right away. [30:00] Being fiscally responsible and even [30:02] though it's just a small amount but that's one step. [30:05] And that's that the precedent and how [30:06] we're going to move forward. [30:08] >> Thank you Madam clerk. [30:10] >> Commissioner Giovanni? [30:13] >> We need four votes or three to pass on the three? [30:19] >> That's entirely different that's when you -- [30:22] that's in December. -- [30:25] September. [30:26] Tonight you need a majority to set the millage that's [30:29] all you're doing. [30:41] Commissioner Travani: It's 50 K. Yes. [30:43] >> Commissioner. [30:45] Again I share the goal of lowering [30:48] the taxes per field tonight we need to be prudent so no. [30:51] >> Commissioner Weingart. [30:54] >> Yes. [30:56] >> Vice mayor Birnberg? [31:01] >> (Indistinct) yes it's a yes. [31:04] >> Mayor Danzinger? [31:07] >> Yes. [31:09] >> The motion carries. [31:12] >> I think it needs to be charged. [31:15] This is the new one. [31:18] Don't worry. [31:20] You guys want to be (Indistinct). [31:29] >> All right moving on to item three a. [31:31] Approval of revised drawing of the scope of the Champlain [31:33] Towers CTS Memorial madam clerk if you [31:35] read the title of the resolution into the record please. [31:38] >> A resolution of the Town Commission of the town [31:41] of Surfside Florida approving revised drawings and scope [31:43] of work for the Champlain Towers South Memorial authorizing [31:45] the Town Manager to negotiate and finalize a contract [31:47] for construction with Schiff Construction and Development [31:50] Inc. For the project providing for implementation and provide [31:53] for an effective date item three eight. [31:57] >> Thank you Mr. Manager if you introduce this item please? [32:00] >> Yes mayor thank you very much. [32:03] >> Is there a motion? [32:06] >> I was going to let him introduce it two minutes to make [32:10] a motion -- [32:11] >> Mayor so in March or prior to March we received , [32:19] we put out a bid and we received a total project cost [32:22] for the memorial of over $5 million. [32:25] With regards to the voter referendums [32:27] that would have required a voter referendum either now [32:32] or in August or November. [32:34] The Commission directed staff to look at the project [32:37] and see if we can get it below the threshold [32:39] and the total budgeted amount is 3.55 million. [32:43] Staff and our consultant Keith Engineering [32:48] which we have present here who will walk you [32:50] through the presentation, was able to take a look [32:53] at the project and identify certain aspects of the project [32:56] that we can split up in construction phases. [33:01] So what is before you tonight is for the substantial contracts [33:06] and it's substantial form. [33:08] For approval with shift we're going to give you the update [33:12] and then staff does need direction may be separately [33:16] from the contractor altogether however you want to handle it. [33:20] Mayor. [33:21] With regards to the image on the wall itself. [33:25] During the memorial, I had the memorial event in June. [33:33] There were, those attending who put me aside [33:38] for at least a good 5 to 10 minutes. [33:41] Talking about how the image was not appropriate. [33:45] The families did discuss this during their designs, [33:49] the image that is there is being, [33:53] is what their recommendation is. [33:56] And I believe several families are [33:58] members of the community have also reached out to some of you [34:00] on the commission as well. [34:02] And so seeing and hearing a lot I just [34:07] wanted to make sure that whatever we move forward with [34:09] is what the Commission wishes to move forward [34:11] with so I'm asking you for direction on that as well. [34:14] With that if I can have correct from Keith [34:18] to just kind of walk us through to show what [34:22] the overall update on what we faced [34:25] for this phase of the construction project is. [34:30] >> I'm just going to get a motion on the table and then [34:33] we'll proceed. (Indistinct) and also I just want to reiterate [34:38] some of the history because I think June 24th some articles [34:41] were put out with some misinformation which is that [34:44] this commission value engineered this project delayed [34:46] the project. [34:47] I think there's a referendum item [34:49] and I forget which month it was exactly [34:51] but it was last year which the residents voted [34:56] to restrict the commission from spending [34:59] I believe it was 5% of the ad valorem revenue [35:01] which equated to roughly 3.5 million I'm going to say? [35:05] Of the proposed budget without a referendum. [35:08] Comes the memorial at 7.5 million [35:11] which exceeds that amount which would require the commission [35:13] go to the referendum by the residents. [35:16] Obviously that would a delay the project [35:18] but you run the risk of the residents [35:19] saying we don't want this project [35:20] and there goes the entire memorial we've [35:22] been building for five years. [35:24] So the commission, the previous commission [35:26] went out and had Keith Valley engineer this down to an amount [35:30] that the commission can authorize [35:32] without referendum so that's what we have here today. [35:35] As manager stated the images yes I [35:37] get it was pushed by 1 or 2 family members. [35:40] I've been hearing a lot about it it's [35:41] extremely I mean as a resident come on it's traumatic. [35:45] To see a site where so many people lie dead. [35:48] A lot of the first responders a lot of the residents a lot [35:52] of family members (Indistinct) so it [35:55] was a proposal for an additional this image has become iconic [35:58] for this event. [36:01] It signifies multiple things including [36:03] the continuation of life the infinity sign [36:06] that is built in there. [36:07] It was an entire different aspect [36:10] and that became the vision so what we have here tonight [36:13] is a revised plan. [36:15] Conforming to hopefully a value engineered down to the price [36:19] that we can improve here tonight. [36:20] With a revised design so I would ask [36:22] for a motion to approve this with the revised design. [36:26] >> I'll make the motion to approve and proceed with this [36:33] project that's so important and I committed to family members [36:36] that I've talked with that were going to get that done. [36:38] In our commission so I ask for fellow commissioners [36:42] support their. [36:42] And moving this along. [36:45] Expeditiously. [36:46] Also motion to approve the revised image of love lives [36:54] on, it's a beautiful message, it's [36:57] a hand from below connecting to a hand from above. [37:00] That's remembering the past showing the future. [37:03] So I make a motion to approve this. [37:08] >> I'll second it. [37:10] All right. [37:12] Let's hear the updates. [37:15] >> Good evening Mayor and Commissioners my name is Greg [37:19] Cheverie I'm vice president of Keith. [37:22] Been a pleasure working on this project with the town [37:27] and stakeholders. [37:28] Just wanted to give you an update [37:31] on what the manager mentioned. [37:33] Also you described it very well mayor. [37:36] All the different activities and events that took place [37:42] and how everything just resulted in this version, this latest [37:48] iteration of the design, some of the major modifications [37:51] that were made were to fit the project into a budget [37:56] that could be adopted by the commission [37:58] and also that could fit efforts needed for the contractor to do. [38:04] What was done was this area here on the eastern side [38:10] of the proposed memorial was scaled [38:14] down so that this area now becomes a more green space area. [38:19] And also there were some scaled down areas [38:25] as well as far as some of the attributes that were again, [38:30] tailored so it could mean project budget. [38:35] Nevertheless, what you see before you [38:38] is a rendering of a, the wall where we would commemorate [38:44] or memorialize the victims as well as a waterfall feature that [38:50] would show an image in the background. [38:53] And also a lot of landscape that would provide the experience [39:03] that was established by stakeholders of this design [39:08] throughout the process. [39:09] Nevertheless at the end of it shows [39:12] how the entrance from the Western side [39:15] towards the eastern side would look. [39:17] With some of the remnants that came from the building itself. [39:23] And those will remain as part of the design. [39:26] This is now also an eastern look from Western side. [39:31] As to how the memorial will look as you can see, [39:36] the area that has been modified now [39:39] shows a view and a perspective to the ocean. [39:43] And right now we are in the final stages [39:48] of obtaining all permits. [39:49] And this has been our latest iteration update [39:53] for the Surfside Memorial. [39:55] >> Thank you Craig and for the commission because I know we [39:58] received an email from residents I think today or yesterday, [40:01] Keith and the team has walked the site with Miami Dade Fire [40:08] Miami Dade County to make sure that there sufficient room to go [40:12] through and any other concerns that Miami-Dade fire may have [40:15] and we are good to go. [40:17] We're submitting the final response to their comments [40:21] by the end of the week and once they have that, [40:25] we should get a pretty quick turnaround for approval [40:27] as we've already addressed in the field with them. [40:33] >> Thank you. [40:37] >> (Indistinct) okay so I had a bit of a question. [40:41] Because I was checking this over today. [40:44] Item number, I can't even see. [40:47] Item number six I think it >> Number six? [40:51] This area? [40:52] >> Or maybe it's number one. [40:54] Can scroll down. [40:55] >> So this is on the Western side there's a memorial signage. [41:00] And then item number six, we will have, [41:05] these are points where we will have certain degrees of, debris [41:10] that comes from the site itself. [41:13] >> Craig can you scroll down so they can see the column again [41:16] of what that looks like? [41:17] I think it's the, there. [41:19] This one's a good one or even at nighttime [41:21] if you want to show it. [41:23] >> Two separate things I have an item for a column and then you [41:26] have an item for debris so what I saw when I read that is a pile [41:28] of debris which we're seeing now on the -- [41:32] >> So these are all these are the columns that you see [41:36] and then inside of the columns are the chunks of the various [41:40] debris that is currently across the street from the site. [41:44] So it's meant to memorialize the actual pieces in the columns [41:50] as a feature that will also have light in their. [41:53] >> Okay but it's not a pile up like we're seeing [41:56] in the entrance park right now. [41:58] >> It would be broken down to fit the area. [42:01] >> Because if you go to the map there's another item [42:05] for the pillars. [42:06] You have two as a pillar feature and then six as debris. [42:12] >> Yeah if I may -- so the six, this area here and here [42:20] and here. [42:21] And over here. [42:23] And towards the end. [42:24] These are small debris that we will blend in [42:29] with the landscape. [42:30] It's debris that was preserved from the site. [42:33] And that was a feature that was requested [42:37] throughout the process. [42:38] >> Do we have a photo of what that looks like [42:40] because we're looking at a photo of a pillar so you're telling me [42:43] it's two separate things? [42:44] >> I don't have that on the on -- [42:48] I don't have that here. [42:49] It's basically positioning a piece of debris [42:52] in those areas with the landscape. [42:54] >> So judging on the faces of the crowd and the feedback that [42:59] we got from when they moved the debris to the tennis center. [43:02] Was people can't drive up columns anymore. [43:05] They can't look at this this is their home this is their life [43:08] and what you're doing is you're putting [43:10] a piece of someone's home in the grass in front of them. [43:13] And so I mean again, I don't want to judge it yet [43:16] before I've seen what it looks like but I've seen nothing [43:19] of what that is supposed to be. [43:21] Is that a nice rock that has been put into the gardening, [43:24] is it a giant, is what we're seeing now [43:26] in the tennis center which is extremely disturbing to a lot? [43:31] And again I want to thank you you've [43:33] been on this for the last five years with us. [43:35] Through a couple of commissions. [43:37] And it's a very difficult position you guys were in [43:39] and I think you did a great job of managing [43:41] all the feedback and input so just [43:44] bear with us a little longer and we're almost there. [43:46] I just want to clarify something. [43:51] >> So I can look for what that would look like. [43:56] I just have to, I need some time or I [43:58] can send that to the manager. [44:00] Thereafter. [44:01] >> Yeah that's not even a feature that I remember even [44:06] seeing any of the plans or anything so we can definitely [44:09] bring that back. [44:10] To the commission and if the commission [44:12] decides that's not a type of feature that's just debris [44:15] that we wouldn't use or place because that's more [44:17] of a gardening type of feature. [44:19] It's a hardscape more than anything so. [44:22] That wouldn't stop the whole project. [44:25] It wouldn't cause like a complete redesign of anything. [44:29] >> It's just positioning of debris. [44:32] >> I would just ask again before it gets placed [44:35] or if there's something we can see on that first. [44:38] >> Are we requesting an amendment or a amended motion? [44:44] I mean we can approve -- can't approve something we can't see. [44:49] But we want to move the project along. [44:51] We don't have any photo of that? [44:54] >> I just need a few minutes to see what I can find. [44:58] >> In the meantime through the mayor may I ask him questions [45:02] of the manager and attorney I'm confused about a few things. [45:08] If we approve a design tonight does it [45:11] still go to the PNC under the recently adopted law [45:17] that major design elements go to the PNC? [45:22] >> No sir again the design isn't changing and this was all done [45:26] and approved prior to that occurring. [45:28] The only thing that we've done -- prior to the April ordinance. [45:36] The only thing that we've done is taken a look [45:40] at the phase construction project [45:41] to get it under the budget we haven't changed the design we [45:44] haven't done anything with regards [45:46] to the overall design of the project. [45:49] >> And is there any, my understanding and you can please [45:54] correct me if I'm wrong. [45:56] The Memorial committee hasn't weighed in on the project at all [46:01] since, not since the April meeting or whichever meeting it [46:04] was that -- approved the scaled back project. [46:08] Okay. [46:09] Third question. [46:12] Through the mayor for the attorney. [46:13] What is the current status of those spending limits [46:18] from the referendum because when we've talked recently [46:21] about the Collins Water main, I've [46:24] gotten the impression from the attorney [46:26] that the intention is to hold that referendum to be illegal. [46:35] I haven't been totally convinced by that [46:37] but that's my understanding of where the attorney's advice has [46:40] been leaning. [46:41] So doesn't that create an opportunity then [46:43] for us to discuss the project as originally designed including [46:46] the canopy and the other feature that was taken out [46:53] in March or April which I think was the concrete benches? [46:56] I mean I think if we're going to be [46:59] not hemmed in by the referendum, spending limits [47:02] when it comes to the water main why are they hemming us [47:05] in now in the memorial project I'm [47:07] not quite sure what the different approaches. [47:09] Why we have two different approaches [47:11] to do different projects. [47:14] >> The answer is I don't know who you mean they. [47:18] Who's hemming you in? [47:20] >> I'm just saying we, the reason why this was, [47:25] the project was scaled back was to fit underneath the spending [47:29] cap. [47:29] So if the spending cap is no longer in your opinion, law, [47:36] then shouldn't we be considering the full project [47:41] that was before us originally that went out to bid? [47:47] >> You're going to the motivation as to why [47:51] there's been a modification and whether you just want to -- [47:55] >> The should question is for the commission but the legal [47:58] question is, is it your opinion that -- [48:02] that we're not bound by the referendum? [48:04] Spending cap? [48:05] >> That is where I'm heading that I haven't come to that [48:09] final conclusion yet but that is the direction that I'm headed [48:11] in which is that the unanimous vote provision as well [48:19] as the 60% provision were not properly placed before [48:23] the voters. [48:25] >> Okay. [48:27] >> But that's the direction that we're headed in. [48:32] I haven't come to that conclusion [48:33] so as of tonight, you're still, my advice [48:37] is that you're still bound by that provision. [48:40] >> We are okay. [48:42] But right but we might not be a month from now or -- [48:46] >> Might not be if you want to put this off you can. [48:49] >> Those are my questions I mean are we having discussion then I [48:53] mean I would like to -- those answers are hopeful [48:57] for the point I wanted to make but. [48:59] >> Before we get into discussion I'm going to bring up public [49:03] comment is the presentation (Indistinct). [49:07] No we can do public comment while you're checking [49:10] if you have a few minutes. [49:12] All right where's my speaker. [49:16] Barbara Cohen. [49:17] You sure? [49:19] Okay. [49:20] I'll come back to you. [49:25] George Cousillas. [49:32] >> George 9225 Collins Avenue. [49:37] First Mr. Mayor, your description [49:41] of the timeline and culpability where we are [49:44] is exactly accurate. [49:45] That this commission didn't get us here. [49:49] But I want to talk about probably something very [49:53] dull to most people here. [49:55] But the construction contract. [49:57] I've gone through it come on I've go through construction [50:00] contracts all the time. [50:02] There's some weird things in here which, [50:05] I mean if the contract is fine with it, [50:09] but it looks like it things were trapped in many months ago not [50:12] by our current attorneys -- drafted many months ago not [50:18] by our current attorneys and there's things that strike me -- [50:21] you have liquidated damages that apply to the contractor. [50:25] But you don't have a waiver of consequential damages. [50:28] Typically when you have liquidated damages [50:30] you also have a waiver of consequential damages. [50:33] The difference between them is a consequential damages [50:37] a direct cost. [50:39] I wasn't able to open, I lost so many thousands [50:42] of dollars of business a day, you owe me for that [50:45] or I rented a tent for a big grand opening [50:48] and I didn't get that. [50:49] Liquidated you just apply a number. [50:52] So that's not in there so the contract [50:55] is kind of on the hook for both because you don't have it [50:58] and when you go into nets and 2.3 [51:01] and when you go further down into 8.6, [51:05] that's where the waiver of consequential damages portion. [51:11] Paragraph is. [51:12] And it's really only waiver of the contractors. [51:17] Consequential damages so they can't [51:19] go after the town for loss of profit or loss [51:21] of this or loss of that. [51:23] You usually have consequential damages for both parties. [51:25] And that's not in there. [51:30] Finally and this is an important part of any construction [51:34] contract, you have this, what's usually [51:38] called a continuing performance clause in a contract. [51:40] And what it does is the beauty of construction contracts [51:44] as opposed to most contracts is everything goes to hell. [51:48] During construction. [51:49] And the contract is designed to manage that right? [51:53] According to the terms for regular contract, [51:56] people would be in default by the second day. [51:58] Both parties. [51:58] But not so in a construction contract [52:01] there are changes and all these mechanisms in place. [52:04] And if you let me run just a few seconds over. [52:07] So typically what you say is if we [52:10] have a dispute over the change order for the new bathroom that [52:13] was added, the contractor is still [52:15] obligated to perform the work. [52:17] While the dispute goes on. [52:19] And the owner is obligated to keep paying [52:22] while the dispute is going on. [52:24] Here you only have continuing to performance [52:27] on the part of the contractor. [52:29] Again it's kind of an uneven thing [52:31] I'm surprised any contractor would agree to it. [52:34] If they have that's fine but this was written by an earlier [52:37] attorney I presume, and so I would [52:40] recommend going through this very carefully [52:43] and seeing, wringing out things like this. [52:46] Thank you. [52:47] >> Thank you George. [52:54] Commissioner? [52:59] >> Marianne Marcia 9225 Collins Avenue. [53:03] So this is a first view of the revised memorial [53:09] and I see life through trees and fountain. [53:14] But I just wish it would reflect more of the positive view [53:21] of hope and life. [53:23] For the future. [53:24] Versus the sadness and tragedy of the past. [53:29] Thank you. [53:30] >> Thank you Commissioner. [53:33] >> Robert Cohen last chance? [53:37] Okay. [53:37] All right let's close public comment [53:41] and go back to the commission. [53:45] Is Keith ready to do find anything or not yet? [53:59] >> Do not have with me a rendering that would show [54:02] or depict that. [54:04] What I can say is, I believe in prior presentations [54:09] that we submitted we did show how that would look [54:14] and basically just to describe. [54:17] It's pieces of debris that are similar to like manager [54:22] mentioned art scape that would be positioned [54:25] around some landscape. [54:28] So that was something that was very well described in the past [54:35] but apologies I don't have that rendering with me right now. [54:43] >> (Indistinct) what? [54:45] >> Yes would you have that? [55:06] >> Sandra did the 60% go to PNC? [55:11] >> Yes August 28th 2025. [55:15] That's what I'm looking for actually. [55:34] Here Greg. [55:35] It's in here. [55:59] >> (Indistinct) No this one doesn't have it. [56:39] So this came on a different rendering. [56:49] >> We can mayor Commissioner, again that's hardscape, [56:54] we can go back and tomorrow email you all what the rendering [56:59] would look like. [57:01] And then that's something that during construction or prior [57:04] to construction starting, if the commission [57:07] wants to give certain direction on that we can adjust. [57:10] That doesn't stop the project. [57:12] >> Would you mind sorry Mr. Trevor can you leave that file [57:17] open I want to make reference to it. [57:20] >> Or this one? [57:23] Oh the 60%? [57:46] >> So just to clarify come on to the motion maker [57:48] if you're willing to amend it to exclude I guess item six until [57:52] such time it can be reviewed and added? [57:58] >> I see a number of sixes throughout that's all the same [58:01] item? [58:02] Same future? [58:03] I see six throughout the -- [58:07] >> These are the sections where that hardscape would be placed. [58:14] >> Okay but if we're able to proceed with the overall project [58:17] and isolate this component, for further direction then [58:22] I'll amend my motion. [58:23] As such. [58:24] >> Second I agree. [58:27] >> The pending motion is to move forward with the alternative [58:34] design and to direct the attorneys and manager [58:43] to negotiate the terms of a final contract. [58:46] That's the pending motion that's there. [58:49] >> And with that you can still review the contract given [58:52] the concern that was -- [58:53] >> So this plan here, I'm not sure that this is in the revised [58:58] drawings. [58:59] Is this in the revised packet that's been approved by shift? [59:04] Okay. [59:06] >> The position of the hardscape yes. [59:09] >> And so within their contract, and within the scope of what [59:15] you're awarding tonight, is the specification if you will, [59:23] that at those locations there will be the placement of certain [59:28] debris right? [59:29] That's what. [59:30] Okay. [59:35] You can go ahead on the motion if you [59:39] want to place a further directive, separate and apart [59:45] from the contract, that the Council, the commission [59:51] would like to have input in the materials that are being placed [59:58] at each of these debris locations, [1:00:00] and we can do that separate from the contract. [1:00:04] You don't want to pull out this from the contract, [1:00:08] it's part of the contract it's part of what's being bid. [1:00:11] He's including these items as placing these things there. [1:00:14] If you want to select the individual pieces that [1:00:17] you'd like to do, do that separate from the follow up -- [1:00:22] >> We want to know what this is there's no image of what [1:00:26] we're approving here tonight. [1:00:27] It says debris. [1:00:29] The feedback and again this is started a year ago when they [1:00:33] moved on -- [1:00:35] >> So then you can approve this project with a modification that [1:00:38] removes the debris from the approved plans. [1:00:42] >> Why don't we leave the debris analyze the alternative we can [1:00:48] still do a change order if it's going to be a change order [1:00:51] or just swap the materials at no cost. [1:00:53] But right now, they have in the contract [1:00:56] the cost of the placement if you take it out, [1:00:58] and I did later it's going to cost more. [1:01:01] For sure. [1:01:03] >> We've asked to bring it back to the council. [1:01:06] If we come back and we say we don't like this you take it off [1:01:09] the contract right now the contract let's say whatever two [1:01:12] point, $3.550 million is approved. [1:01:15] That's what's approved tonight. [1:01:16] And if we decide we don't want to move forward with debris [1:01:19] because it's traumatic -- then It's a change order -- [1:01:24] >> Yeah that's what I said yeah. [1:01:27] >> But we're not approving the design it's -- [1:01:31] >> You're approving the plans that are in the -- [1:01:37] >> We're approving the contract with the plans with [1:01:39] the stipulation that the artwork on the walls changes and the six [1:01:42] comes back to the commission to see -- [1:01:44] >> No problem. [1:01:46] Got it. [1:01:47] >> So there's a motion -- [1:01:51] >> There's a pending motion you can call the question and -- [1:01:57] >> So we can call to vote. [1:01:59] To approve it. [1:02:00] >> Mayor do you want to go ahead and call the question? [1:02:05] >> Sorry my questions were preliminary to discussion. [1:02:11] I mean sorry I got -- there's a lot I have to say. [1:02:17] This represents a major departure from the memorial [1:02:21] as planned before. [1:02:23] >> Which her commission did by the way. [1:02:26] >> Please be clear about what you're saying. [1:02:30] You're just commission denied this right? [1:02:31] We're approving it tonight. [1:02:33] >> I know I know but I need to -- [1:02:37] in the past two years plus the memorial committee, [1:02:40] they're the ones I want to put front and center not [1:02:42] the commission. [1:02:42] And I have the floor it's not appropriate for you -- [1:02:46] >> Which you took without us. [1:02:49] >> I have the floor. [1:02:51] I want to make a comment because I haven't [1:02:54] had a chance to make a comment. [1:02:55] >> Make your comment accurate please that's what I'm going [1:02:59] to ask you to do or we're going to move on to commission [1:03:01] we're going to vote -- [1:03:02] >> I'm not saying anything inaccurate I'm saying this [1:03:06] design represents a major departure from the original [1:03:09] design and we need to be clear about this there's a two year [1:03:11] process not led by the commission but by the memorial [1:03:13] committee that resulted in this design. [1:03:15] I want to say for the benefit especially [1:03:18] the two commissioners who are new. [1:03:20] Because I know the Planning and Zoning Board [1:03:22] had something to do with this. [1:03:24] I think the members of the Memorial Committee [1:03:27] will be extremely upset with this decision. [1:03:30] Extremely. [1:03:31] The decision to, I mean there's a general esthetic principle [1:03:36] that came out of years of planning. [1:03:40] And it started with mood boards in this very room. [1:03:43] Like over two years ago. [1:03:46] They wanted the memorial to be a little bit challenging. [1:03:49] They weren't looking for just hopeful. [1:03:51] They wanted it to be a sign that something horrible had [1:03:55] gone wrong here. [1:03:56] And that wasn't the commission's decision. [1:04:00] That came from the committee through many many open meetings [1:04:04] so the committee. [1:04:06] I just want everyone to appreciate [1:04:07] this is why I feel the need to put this on the record [1:04:10] because this is a dramatic dramatic change of direction [1:04:13] from what the committee considered. [1:04:16] The decision to have debris the decision even [1:04:18] to have that image, came from that vision which was not [1:04:22] a one off thing and certainly wasn't from the commission. [1:04:25] So in the interest of accuracy I need to make that clear. [1:04:30] I think this decision about the wall art in particular [1:04:35] is really taking us, again not just in a direction [1:04:39] but here I'm making a different point [1:04:41] I'm in the wrong direction. [1:04:44] I would ask the motion maker and the commission [1:04:46] I would think the wall art should go back [1:04:48] to the memorial committee and it should go back [1:04:50] to PNC for comment. [1:04:52] And I want to, I'm expressing my own opinion. [1:04:57] With all due respect to the manager [1:05:00] or to whoever came up with this image of the two [1:05:02] hands and the love lives on script. [1:05:05] It's schmaltz. [1:05:07] It looks like the kind of wall art [1:05:10] that you might buy at target. [1:05:12] The cursive script of love lasagna, [1:05:16] looks like those live laugh love designs that [1:05:21] are already kind of a joke. [1:05:24] It really, it really lowers the design quality of the memorial [1:05:28] and I'm just saying that. [1:05:30] Please before we approve this a design professional should look [1:05:34] at it the PNC board should look at it [1:05:36] and I think the memorial committee should [1:05:38] look at it because it really is a step in the wrong direction [1:05:41] these two hands touching it looks extremely cheesy. [1:05:45] And I think that's not, I mean it's not [1:05:49] an image worth engraving in stone. [1:05:51] It's not timeless. [1:05:52] It looks outdated. [1:05:53] It looks cheap. [1:05:55] And I don't say that lightly I really think [1:05:57] we're going in the wrong direction. [1:06:00] The reason why I asked Mr. Ashbury to bring back [1:06:03] the 60% design is because they actually had [1:06:05] a pretty elegant design there. [1:06:08] Of a kind of abstract that's it right there. [1:06:13] And abstract version of the building. [1:06:16] And the memorial committee thought they didn't want that. [1:06:19] But this is much much much better than the love lives on. [1:06:24] Much better. [1:06:25] And that's just my opinion but I have [1:06:28] a feeling that if you took this to PNC [1:06:29] and you took this to Memorial committee [1:06:31] they would pick that over this. [1:06:33] So I really hope we still have time [1:06:37] and I think we should get an opinion from all those parties [1:06:40] that are interested. [1:06:42] I think the love lives on is terrible I'm not [1:06:44] going to belabor the point you might disagree but from, [1:06:48] I don't think any serious artist or designer [1:06:50] would approve of this. [1:06:51] And again it looks like something from target. [1:06:56] The other thing, I don't really understand [1:06:59] the logic of how we got here. [1:07:02] If we're expecting that we're going [1:07:05] to be no longer subject to the spending cap in a month's time, [1:07:11] then why not consider the entire project [1:07:14] with the canopy which was really the central design [1:07:17] feature of the whole thing that took years? [1:07:19] To come up with? [1:07:20] Why not have that? [1:07:22] So I think they should come back to us in August [1:07:25] after it goes to PNC and after it [1:07:26] goes to the Memorial committee. [1:07:28] May I make one other point I think [1:07:31] it's important to the process? [1:07:33] >> I need you to land the plane and hurry up already. [1:07:37] >> I understand that both the manager and the mayor have been [1:07:40] hearing from people who have strong views but the memorial [1:07:42] committee met in public and those people need to express [1:07:46] their views in public otherwise it's kind of like a sort [1:07:49] of hearsay and I am not comfortable with rejecting [1:07:52] the open deliberative decision of the committee in favor [1:07:56] of privately delivered remarks. [1:07:59] To the mayor and the manager. [1:08:00] That's not right. [1:08:01] This was always meant to be an open design process [1:08:03] and I don't know who's saying that they're traumatized [1:08:06] but they need to say it in public. [1:08:08] This is too important to make a decision [1:08:11] in this kind of hearsay manner. [1:08:12] And so again I think we're going in the wrong direction [1:08:15] and we're doing it through the wrong process. [1:08:18] >> So first of all I think you heard from your own residents [1:08:21] right here. [1:08:22] But I get it. [1:08:25] You're entitled to your opinion and we have ours. [1:08:27] And the memorial committee which I [1:08:28] put together five years ago, they were input [1:08:31] and we hear their input but we're building with resident [1:08:34] money and item for the residents for the town of Surfside too [1:08:37] remember. [1:08:37] We are not building something for three family [1:08:40] members that provide input. [1:08:41] We hear it and we took it under consideration. [1:08:43] And I would say a large, this entire thing was pretty much [1:08:47] designed with their input. [1:08:48] But there's certain elements that offended others there [1:08:51] are certain elements that are just not what we [1:08:53] are looking for as a community. [1:08:54] And we are the ones that live here we're [1:08:56] the ones that have to see it every time I've [1:08:58] walked through the beach. [1:08:59] So you're entitled to your opinion we've heard it. [1:09:02] We're moving on we are not going to be the commission that [1:09:04] comes here tonight and continues to further delay [1:09:06] a process that's now been five years in the making. [1:09:09] >> I'm not interested in delaying we have consultation [1:09:12] on the wall art please I would ask Commissioner Weingart to get [1:09:15] that feedback this is going to be an embarrassment to the town [1:09:17] if we go ahead with this. [1:09:19] >> I've heard you and you've asked me a number of times [1:09:22] to change my motion and I've extended an olive branch [1:09:25] a number of times now and good grace but I haven't seen that [1:09:28] returned. [1:09:29] But you're definitely entitled to your opinion. [1:09:32] I find it very interesting you know [1:09:34] there's so much talk from the memorial committee [1:09:37] and from vocal family members that this hasn't gotten done. [1:09:40] Yet when we try to make movement, [1:09:43] we get into this paralysis from analysis cycle [1:09:45] and just going in circles while it could [1:09:48] be better it could be better. [1:09:49] I mean a picture of the building collapsing is ridiculous [1:09:52] and that should absolutely not be up there. [1:09:54] And there's a proposed beautiful lovelies on message [1:09:58] as I shared earlier. [1:09:59] And my motion stands and I committed [1:10:02] to family members that came up to me [1:10:03] and said why don't we have this yet? [1:10:05] As if it's our fault but we're just elected in March. [1:10:08] For three months and. [1:10:09] And I said we're going to be the commission that's [1:10:10] going to move it forward. [1:10:12] I can't answer for what happened in the past. [1:10:15] So I'm moving forward. [1:10:18] >> We did find a rendering of those Hardscapes if you'd like [1:10:23] to look. [1:10:24] This again was a while ago. [1:10:27] But the idea is to have hardscape [1:10:30] throughout the landscape. [1:10:31] Throughout the project. [1:10:34] >> That looks like debris again this looks like Rebar sticking [1:10:38] this looks like exactly what we have in the tennis center [1:10:41] so I'm absolutely against that. [1:10:44] That is someone's home right there. [1:10:46] Somebody died on that thing. [1:10:48] I'm not putting that in the garden [1:10:50] for everybody to look at and walk past. [1:10:52] There's people that will not walk into the city that have [1:10:55] lived here hundreds of people. [1:11:00] So I would ask the motion maker to take out [1:11:03] number six from the design. [1:11:05] >> I did that previously I amended my motion. [1:11:09] >> So we can value it down further if required [1:11:13] but we're not looking to maintain that visual. [1:11:18] Madam clerk call the roll please. [1:11:22] >> I have a question -- so this design of the two hands is [1:11:26] coming from where? [1:11:27] Like who did that? [1:11:32] >> Symbol of it for the last five years. [1:11:35] >> This is the image that is on the temporary banners that have [1:11:39] all the names that are, that have been on the site it's also [1:11:43] been used in the fliers and whatnot. [1:11:44] I don't know where the original image came from. [1:11:47] But the town's used it for many years. [1:11:52] >> Yeah but what I'm saying is like the complete thing like [1:11:56] with the, because I don't remember if the writing is [1:11:59] on that image or not. [1:12:00] Is it on that image? [1:12:02] It is? [1:12:03] Okay. [1:12:05] >> Madam clerk. [1:12:08] >> Call the roll? [1:12:12] >> No. [1:12:15] >> Commissioner Weingart. [1:12:17] >> Yes. [1:12:20] >> Commissioner Trevanny. [1:12:22] >> I'm going to make my comment before voting. [1:12:26] This we said this is not going to go back [1:12:28] in front of the PNC or the committee right? [1:12:33] >> They've already seen it. [1:12:35] This design has been approved and done in the last commission. [1:12:39] What we are doing now is just approving the contract. [1:12:42] You're talking about the image. [1:12:45] Did not see that image no but they saw this memorial -- [1:12:49] >> I'm talking about the image and the debris. [1:12:54] Yeah I don't feel comfortable voting yes [1:12:58] just because this went through a process [1:13:03] and I'm okay with something that comes out of a process. [1:13:10] I'm less okay with us coming back at the end [1:13:14] and doing modification without the input of the people [1:13:16] so I'm going to vote no. [1:13:17] >> Remember you're now on the record for voting no [1:13:21] for a memorial that's all. [1:13:23] So whatever process is not fitting in your head properly [1:13:26] you will always be on record that you said no to a memorial. [1:13:29] Something that the families have waited [1:13:31] five years something this committee [1:13:32] is waiting to heal and move on to the next chapter [1:13:34] of our community you guys want to say no that's fine. [1:13:37] >> True but -- you made a comment to what I said so I can [1:13:42] -- [1:13:45] >> (Indistinct) debate is over debate is over [1:13:47] the question's been called. [1:13:48] Madam clerk let's finish this up please. [1:13:52] >> Absolutely yes I'm very glad to vote yes for this it's been [1:13:56] five years. [1:13:59] And absolutely yes thank you. [1:14:01] >> Mayor Danzinger. [1:14:04] >> Yes and I there's not one family member here so. [1:14:09] We're going to say yes. [1:14:10] >> Motion carries. [1:14:12] Motion to adjourn? [1:14:14] >> For what? [1:14:22] >> The budget was already approved by the previous [1:14:25] commission back in, this is just the contract terms. [1:14:30] >> Motion to adjourn? [1:14:34] >> Second.