let's go ahead and get ready to get started so I can get you guys in and out all right how we looking full moon shout out to Full Moon um the regular council meeting for Tuesday April 23rd 2024 is called to order at 7:02 p.m. we're going to have a moment of silent meditation followed by the Pledge of Allegiance United States of America stand One Nation God indivisible and justice for all you very much Madam cler please have roll call roll call Mayor Nickerson here vice mayor Pella council person herbal present council person Martin presid council person like for Ward is not here here um also present for the record chrisa L Village manager Janice jobi Village clerk um attorney Geller says he's running late all right thank you very much M I appreciate it moving on approval of the agenda um I wanted to put a uh agenda item on this is for discussion you'll understand when I get there about the discussion aspect of it um this is uh so it will be H2 uh green reuse area designation for the uh launch it's discussion part you understand when I get there um for H2 um on the agenda if I have uh no more additions or deletions do I have approval of the agenda so moved moved by council person uh bbom do I have a second second second by council person Martin all in favor say I I post say n hearing none moving right on to good and Welfare anybody can come up and talk about um anything on the agenda right now for everybody who's on the agenda you you all will be able to come up and talk about it when we get to your particular agenda item all right I'm seeing nobody for the first good in welfare consent agenda do I have a motion to approve the consent agenda so moved move by council person Martin do I have a second second second by council person bbom Madam um clerk can I have a a roll call and consent agenda please council person Martin yes council person bbom yes vice mayor Pella yes mayor Nickerson yes yes motion passed thank you very much moving on to resolutions ordinances this is the part where U Miss Hamond if you want to come on up the first one uh attorney Geller is not there not here um we we also have to do swearing in for the hearing right all right let's do this um Let's do let's jump down to the agenda items first and do uh the H1 PACE program discussion um all right you guys so the PACE program so there's two aspects of it um I kind of want to bring this up if you got just to kind of explain briefly what it's all about um it may be able to help our elderly residents we do have a lot of seniors in eleral um if you guys feel like this is something where you want me to bring one of the program directors or something like that from the county just let me know and I can bring them in for like you know next month's meeting or a future meeting um to explain like in full detail but I just wanted to put it out there just to see if this is something that the council maybe wanted to um take time out to look into or bring somebody out from the county to explain because it could be beneficial to some of our elderly residents and so there's two aspects of it the PACE program um one aspect and this is something that also council person Lightfoot Ward after the last meeting she kind of mentioned it to me also and I said yeah I said I know all about that council person life for award and uh so there's two aspects so the first so there's one aspect which is the the larger aspect and so Pace stands for in this aspect the property assessment clean energy program and so Miami day it runs through Miami day County and so what it does is it allows um a lot of our residents who are our elderly residents to get things done on their home to where normally they might because they're on fixed income they might not be able to have it so it kind of supplements it for them um and if they if they have Medicare or Medicaid they get it for pretty much nothing and so and what it does is it it adds so you can get things fixed on your home but it also adds the clean energy aspect so you can get like you know solar panels you can get like things done to your home to make it like more environmentally friendly for like um energy consumption and things like that but you can get newer things on your home that normally elderly residents who are on a fixed income just can't afford peer perod so um you can upgrade your home but you can upgrade your home in like an environmentally friendly way and so that's essentially what the PACE program is about um like I said if you're on Medicare or Medicaid then you get it for basically nothing um if you if you're elderly resident over 55 years old but if you're not on Medicare or Medicaid then you do have to go through a financing um there's an interest rate attached to it that will I think it goes up to but it caps it like like 12% interest or something like that if you're not on Medicare Medicaid if you are then um you have no interest rate and if you are that cap set like a 6% if you are on Medicare Medicaid so it's just something that I think that um you know it might be beneficial to our elderly residents since we do have a a pretty significant senior population so I just want to kind of introduce it um bring it up if this if this is something that that you know maybe we want to explore further we can do a town hall on a Saturday morning and I can you know bring out elderly residents bring somebody from the county to explain it or we can have somebody come here to a future council meeting to explain it um a program director and kind of we can ask them and get into the details because of course they're experts where I'm not so just something to kind of bring up that's all oh yeah I I think it's I I think it would be great to have a town hall on the weekend that contemplates them coming out and having all of their questions answered I know that and I'm reaching way back into my mental Rolodex but I think that there's there might be something related to um their property taxes like implicated in there um and I would want somebody to discuss with them the pros and cons of that if they do think that they're going to be selling rather quickly after those Renovations um the installation of the windows or Sol solar panels they might need to know that how that impacts uh their property taxes and also their ability to sell um so yeah as long as they have all of the information I think this is something that uh would be beneficial for them to hear and decide if it's a good fit for for them uh in their current situations but I do think maybe a council meeting day might be too late for them maybe a town hall that's directly um targeted towards them and maybe bring bring someone out from the Veterans Affairs Department as well and just kind of make it like an info session yeah like a senior info session but I love it now thank you very much council person Martin so I think that's what um we'll move to do and I'll move to put together on a Saturday morning U um uh a senior information informational session so that' be good appreciate that you guys all right so let's see what we can do here um let's move to so H2 I can explain it there is a legal aspect to H2 also um so we kind of have to wait for attorney yellow for the legal aspect um Madame manager do you want to go ahead and do your report wow I've never done it this early it just doesn't seem right in the daylight it doesn't seem okay um well I uh you know we stay busy and we have a lot going on but um I do want to just talk briefly uh about a few items that um stood out for the month of uh April for the the village of Al forel Administration uh this month um we are still on the governor's list for funding in Tallahassee for the building renovation that's a $482,000 ask that we made through our legislative team I spoke with them this morning they said we haven't been cut out yet and we um and and governor D santis has until July 1st to either sign on it or scratch us out or what have you but for now we're still in there so we're still in the game uh so we'll keep a watchful eye on it um update uh about the septic dour conversion project conducted by the Mi day County um Water and Sewer Department it continues their um you know still uh installing the forest main uh over on the west side of the village uh that will um benefit the um it's called Uh oh gosh in the city of Miami area not elel just yet but just know that eventually it will uh benefit the village of el protell as we connect in with the um with the county is building in its infrastructure and um from what I understand um they are looking at restoration um of The Village's um Park which is the nature trail and we did send over uh the the um architectural plans that were created by the landscape architect and uh so they are considering that and I'll be meeting with them uh next week to um to see what the next steps are in terms of when they foresee the um the restoration project of the park to start so I'll keep you posted on that um thank you very much for passing the items on this consent agenda as we continue to address speeding and traffic uh calming in eleral um with the item you passed we have selected a vendor or a contractor to um fabricate the signs and the um and to install them and so we're very pleased about that our speed limit was changed a few months ago um uh from 30 to 25 on our residential streets however we are now um in charge of taking care of our own street signs and uh making those changes so we did that in tonight's meeting and that is very helpful um so we will um be giving a notice to proceed um as early as tomorrow so that we can start getting those signs made and then we can start the whole installation process of that uh we also um are doing a Northeast 2 Avenue survey which is going to also help us as we do the road diet that we need um to again address traffic calming on Northeast 2 Avenue and address some of those recommendations from our Northeast 2 Avenue Mobility study um bulk pickup we have a new we have a new calendar new dates and they are um I think going to be a little more uh uh friendly for our residents um we did have a little snafu for April but our bulk pickup dates are April 30th through May 2nd so that's next week please remember any bulk items should go out um and be on the curb and ready for pickup um by 8:00 a.m. uh next week so that's Tuesday through Thursday April 30th through the May 2nd and uh we're we're happy to have a change up um but this uh new schedule will allow for us to have a nice clean Village during um the holidays and um to have our our um bulk picked up uh just as hurricane season starts so that that's going to be a helpful um change for us and um so many things I have put my manager's report on the Village website but I also want to bring everyone's attention to the Arbor Day festivities we're having on Sunday here at the Village Hall at 4M it's going to be right here in the Tot Lot um park that's just behind the Village Hall 4 P.M it's a we are Tree City USA proud of that um designation that we've held uh for several years now and um we uh under uh council person herb boms uh leadership as a tree board chairperson we um continue to do good things with our trees and uh we would appreciate and love to see our residents out uh to learn more about trees and tree safety and and um and to maybe plan a tree or two because we will have uh some trees to give away as well but um that will be here on Sunday um April 30th 400 p.m. and um all other matters you can maybe r View and see in the manager's report on the Village website it's chalk full of information we have a up and working uh Ada designated bathroom for families to utilize in the village um in the Tot Lot park it is open during the hours of operation for the park so sun up to sun down um it is being monitored daily cleaned daily and we're very proud of it and we hope you will be proud proud of it as well and help us maintain it for um years to come so I have nothing further to report but if anyone has questions you know you can always reach out to me here at the village hall or through email and that concludes my report thank you very much I appreciate it you see the mayor's report that's there if anybody has any questions or everybody has my information you can always reach out to me um let's jump to H2 um there's a a legal aspect to this um but I'll just kind of get into it the over the overview of it and uh so when attorney Geller gets here he can quickly just say a 30 second 20 second uh of the legal aspect so um the green reuse area designation for the launch this is a thing where um we actually get money to get that area cleaned up um so nothing comes from eler tole nothing comes out of eleral um we actually get paid to be able to um we get money through through the line um to be able to get and the launch uses that to be able to clean up that uh you know that uh that area so that we can finally have our Riverfront Restaurant uh the green area Ed designation it was um advertised on schedule um but an oversight by the attorney it is not on this agenda and uh he was reached out to by the uh the company and it was supposed to be on the this agenda um myself and clerk Jacobi we put the agenda together but we didn't get any information um from the attorney like we should have being that's the case the uh the advertisement in the heral cost about $3,000 um for the the barington brothers for the launch and the advertisement is fully it's it's fully legal and it's is fully in compliance with the way that everything's supposed to be done the oversight um by the attorney is the reason why it's not done correctly on our agenda being that as it may went through the legal process and we realized that we can what we can do is we can give individuals two times we have to give individuals two times um to be able to talk to it and disc discuss it because it was advertised in the Miami hero for those $3,000 so if anybody is here tonight to say anything about the green use program green reuse uh the green reuse um area design designation of our Riverfront Restaurant because it was advertised in the Miami heral um legally you guys can get up now and if you have any comments or questions or anything like that um you can do that now now next month it will be on the agenda but this advertisement will still surfice for that because it was just our fault that is not on the agenda so next month anybody who does have a question will also be able to get up again and ask any questions or make any comments about about that that's basically what H2 is all about you guys all right um I was going to have attorney Geller explain himself for the the legal aspect that was missed but he's not here for that hello it ISO I talk loud enough anyway okay I also have a copy of the ad if anybody in the audience U more than welcome to see it um and this is as per our the legal uh team is the one who gave that advice to the to the mayor also present for the record um councilman Lightfoot Ward okay thank you very much um cler jacobe all right you guys clerk Jobe would you do me a favor could we swear people in because I I don't want I don't want individuals who have been here on time to so anybody so anybody who's going to give testimony on tonight's um items um please stand up so I can swear you in so anybody who's going to speak on behalf or about the items the three um items that are up for hearing please stand up please raise your right hand even if you might think you may speak about it so anybody who be in anybody wants to speak on anything you have to be Sor in okay any of the home items that are on the agenda yeah so that would be G1 G2 and G3 okay so please raise your right hand even you please raise your right hand do you swear or affirm that the testimony you're about to give is the whole truth and nothing but the truth yes okay Miss in thank you very much I appreciate that thank you Miss Hammond um let's move to G resol ution G1 Madam clerk would you want me to read that in record or you want to read it I can read it G1 U 176 Northwest 88th Street a resolution of the Village Council of elportal Florida authorizing the approval of a lot split at 176 Northwest 88th Street as requested by scad PA providing for incorporation of recitals providing for an effective date thank you very much I appreciate that Madam clerk um you guys these uh properties we went through in planning and Zone zoning so the first thing I'm going to ask for each property I'm going to ask uh Miss Hammond was there anything that they had to do between the Planning and Zoning meeting at today for this particular property was there anything like with conditions that they had to work on or anything like that or is everything still the same there was discussion um by the the planning board to have the before building permit to have um them submit two different types I think of of architecture just so that it um I think there was some discussion of not wanting to have kind of a cookie cutter kind of feel to the two properties that are going to be right next to each other so there was um that was added as a condition that they would um they would go ahead and um submit um for a building permit to to um single family homes that were not you know exactly very similar to each other can I have the uh the client come up and I think you guys have a EO and there we go with a image to toward the camera a little bit Yeah so how are you doing I do remember this and I do see that I I do see some differences there so look at that so you guys went back I'm going to open up to the council um if there's any questions or comments from the council uh for this client go ahead you can say whatever you want to say go ahead you can jump in there was also a second condition that we um demolish the existing house within a year I remember that working on that as well we have we have it in for permit review all right well we appreciate the um that you went back and and made two different do you guys want to see do you guys want them turn it around so you guys can see their idea so they don't look exactly the same and they they're not box you know the Box homes that are exactly the same I think they're beautiful yeah they're beautiful thank you all right thank you very much um if there no more questions or comments from the the council do I have any questions or comments from the audience I I do have one comment go ahead uh Council pres uh as you finalized plans and processes as you go through all of this um just uh please please with these both of these properties um uh understand that uh that if you come into a situation where you say oh but I just really need to have this or that and it puts you on a path to need a variance to get around one code or the other to to accomplish that um sleep on it um maybe twice maybe for a week okay okay um uh it's fair warning uh especially with new construction it's going to be only out of an extreme need that U this body is likely to Grant something like a variance on a project like this so understood okay all right there you go thank you thank you very much council person anybody else from the council no here none anybody from the audience no seeing none um do I have a motion to approve move by council person life reward do I have a second second second by vice mayor Pella Madam clerk may please have a roll roll call council person Martin yes council person like foot ward council person urbon yes vice mayor Pell yes mayor Nickerson yes motion passes 5 to n thank you very much congratulations take care have a good night all right very good um resol tion G2 we're moving to 485 Northwest 89 Street Madam clerk a resolution of the Village Council of elportal Florida authorizing the approval of a variance to the side and front yard setbacks at 485 Northwest 89 Street as requested by moreai Feinstein providing incorporation of recitals providing for an effective dat thank you very much Madam M cler I appreciate it um again miss Hammond is there anything here that we have with conditions or anything like that since the pnz or was everything the same we do not have any conditions added to this report the um the application remains as is all right thank you very much do I have the client here do I have them here is 45 Northwest 89th Street is the client here okay um do I have any questions or comments from the council hearing seeing none do you have any questions or comments from the audience Northwest 485 Northwest you have a comment no well I passed by I saw they they took the hedges in front of the houses they took them all out so yeah good any more questions or comments from the council or the audience do I have a motion to approve move by council person life award do you have a second second second by council person Martin Madam clerk please have a roll call please roll call council person Martin yes council person life Ward yes council person bom yes vice mayor Pella yes mayor Nickerson yes motion passes 5 To None thank you very much I appreciate that G3 resolution G3 I don't know attorney Geller if you want to go ahead and read that into the record one Northeast 87th Street resolution of the village resolution of the Village Council of V pel Florida authorizing the approval of a variance to side and front yard setbacks at 1 Northeast 87th street is requested by Jorge Dava providing for incorporation of providing for an effective date thank you very much attorney G I appreciate it um Miss Hammond is there any were there any conditions or anything that we need to think about or anything extra added to this um no there was no additional conditions this is exactly the report from the planning and planning and zoning committee thank you very much is the client here you want to come on up just so we can see so we can see your face this this your last stand man after this you after this you won't have to see us anymore if it goes right it's your goodbye party here I've been here for four years it's all good do we have any questions or comments from the council no do we have any questions or comments from the audience no um do I have a motion to approve move by council person like foot Ward do I have a second second second by council person Martin Madam clerk might please have a roll call please roll call council person Martin yes council person lifefood ward council person urbom yes vice mayor pel yes mayor Nickerson yes motion passes a goodbye party my brother we're sending you off the right way take care all right you guys um we're down to uh well no we no we we already did that we already did H1 and H2 was the green um reuse area designation I kind of explained it if there's anything you want to add just from the legal point of view did you open for any comment I I did the only other thing is we need to vote specifically to postpone it to a Time certain being the next council meeting okay uh since it wasn't agenda for tonight that means they will not have to read advertise because which is expensive because it will be postponed from tonight to a Time certain need a motion postp two time certain next all right we'll do it all in favor um do I have a motion to postpone the green reuse area designation to the next agenda item next agenda um next month's Council agenda um as it was supposed to be on this agenda you have a motion to to approve that to put the green reuse area designation on next month's agenda so moved thank you very much this will be the May agenda meeting um do I have a second second I'll second second by uh vice mayor Pella um all in favor say I I all opposed say nay hearing none moving right along we're down to the Village attorney report uh attorney Geller if you have an rep report we're waiting to see if the governor is going to sign the term rentals last I heard he had not made a decision on the bill whether to sign or voo it hopefully that'll be off our plate soon enough other than that no one Su us and we have not Su anyone thank you very much appreciate it um last good and Welfare this is a good and Welfare you anybody can come and talk about anything at all um doesn't have to be things only on this agenda but anything at all come up and say your name and address for the record and the floor is yours three minutes hello good evening Thomas pum 205 noreast 86 Street Ricardo lias madas um as some of the council people may or may not be aware um the documents for our variance at the last meeting was mixed up and so we have requested that that be Revisited uh via email with uh chairperson Martin um you requested that we bring it up with the manager and staff which we have and we've heard from them that they do uh recommend it being Revisited um so we're up here um asking when we might learn um if that will be the case um I are you yeah so it's yeah it's up to it's up to the committee so um so manager Lou she's you know she said that she has no problem bringing it back but it's up to the the committee and and that way it's just up to the chairperson because the chairperson you know puts what's on the agenda or not between chairperson Madam manager that all of that is correct right that you have approved that it can be heard yes I did I I did approve of that and um um I'm willing to wave the the re um the resubmission fee as well awesome um just due to the um I know there was a slip up but I know that um clerk jacobe did catch it and then sent on but if there was anything that could have you know um hindered the applicant's request I'm willing to allow it that seems supremely reasonable so yes uh if everything has gone through administrative staff and that's their recommendation then the next Planning and Zoning commit committee meeting we don't know exactly what date that is at this point in time but I'm sure you'll be notified about cck um Madam chair is a matter of form and so we don't set uh a precedent that's not understandable the the the form that this can take would be that anyone other than the mayor who voted for it anyone else who was on the prevailing side should make a motion for reconsideration this can be done either at the meeting that it occurs which was last time or at the immediately subsequent meeting and if there's a motion for reconsideration and that's adopted then the matter can be reset just as you just said Madam chair okay but that would occur at the next planning and zoning committee meeting then the mayor would have to make that that motion no anybody but the mayor he voted may it has to be somebody on the prevailing side to move for reconsideration anyone else could make the motion acceptable okay let me ask you a question I not for you let me ask me jump I didn't want to cut you off jump um okay but if that's the case if we're asking for the motion at the next meeting then that means it's not on the agenda for the next meeting so that means they're not on the agenda until do the motion tonight okay right now someone can move anybody but you can move to reconsider the previous action and once the motion for reconsideration passes then you can say when it'll be set so that it can be heard okay even though this is not planning in zoning committee meeting it can still be done yes okay because there was a council wasn't it a council was pnz that's why I'm confused but I don't want them to have to wait an extra pnz you see what I'm saying if it was okay in that case it can be done at the pnz meeting the next pnz meeting is the first pnz meeting after the pnz meeting when it was adopted and at that time if the motion for reconsideration passes you can move immediately to the reconsideration and consider the item again at pnz it just requires the next pnz meeting to have a motion for reconsideration brought by anybody but you because you're the only one that everybody else was on the prevailing side motion for reconsideration anyone can second it it takes simple majority to pass once it passes the item is again open for consideration on the table could be considered right then and there and that that's what I want I don't want them to have to wait any longer but I want to make sure this doesn't come back to bite us so if if if they're not going to be on the agenda until the motion is made at the meeting how do their how does their stuff go out to the to the to the residents before the meeting any member that voted on the prevailing side that is anyone but you can request now or subsequent a request publicly that a motion for reconsideration be added to the next agenda and once the request is made by anyone eligible to make the motion the item will not only be on the next agenda but it when the agenda for pnz is advertised it will say on the agenda is a motion for reconsideration okay that's you're saying so you're saying now that in a council meeting we can make a motion for something to be on a pnz meeting no ma'am no sir you were correct it was pnz I the fact that it was 41 uh yeah I got you joged my memory incorrectly but anybody that's a me oh you're all a member of pnz any member of pnz that voted on the prevailing side on that motion that is for members anyone other in here can make a motion for reconsideration they don't have to wait till the meeting to bring it up anybody can simply say it right this minute okay I mean on the record while we're here anybody that wants to say I would like to have the pnz agenda include a motion for reconsideration the item will then be put on the agenda when the agenda is published it'll be add advertised when you get to the meeting the person who's asked for it makes the motion it's voted on the moment it passes the item is again open for consideration by pnz yeah no I understood all that I just didn't know the that we can cross like we can do stuff for a different committee and a counil I'm not saying that you what I was say if there were if it was a different committee and only three counil member served on the committee it would have to be brought by someone on the committee you don't have to say it now at 10 minutes after the meeting any pnz member can say I would like there to be a motion for reconsideration of this issue at the next pnz meeting doesn't have to be tonight it can be done because you do have a record tonight anybody who wants to say I want to have a Rec motion fore consideration at the next pnz meeting anybody can say it here they can say it after they can say it next week they can send a memo to the clerk any pnz member who voted in the prevailing side can move for reconsideration at any time up to the adjournment of the next pnz meeting after that it's no longer reconsideration anytime prior to the conclusion of the next pnz meeting any member who voted on the prevailing side can ask for a motion for reconsideration I was just suggesting that if somebody wanted to do it now while we're here while there's a record it just makes it that much easier and make sure there's no slip up I did I I took it upon myself to email the chair of the pnz committee as well as the clerk and uh make the request perfect thank you very much okay thank you so basically he's saying they're going to be in the agenda like we've done before with u um um discussion with possible action basically that's what he's saying so so all we need is one person so we're good and he he sent the email we're good all right thank you is there anything else you want to add yeah just is it possible to do it at the next Village meeting which will be next month in May rather than waiting for the next pnz which is not scheduled yet no because you have to go through the pnz to get to the council meeting level so it was the pnz that voted against it so it's the pnz that has to re you know reconsider it if pnz passes it this time then it would go to the council but that was the that was my confusion for a minute as well but it was the pnz committee that took the action so to un to reconsider that action whether it's undone or not it has to be done by the same committee that the original vote all right okay yeah I understand thank you everyone thank thank you very much thank you anybody else for good and Welfare okay hearing seeing none um any last questions or comments you guys we good we're good okay go ahead council person and mine's the only one that sounds this good just want to make an announcement since I am public uh public affairs the DN DEC the Democratic what it mean uh mayor DEC the decra exective coun Democratic executive committee election April 26 election are april6 that's a Friday 7M to 9:30 will be held at the Metro dat firefighters Local 140 3 which is in Durell and that address for all that that's attending I hope you do come on people I hope you do 8,000 Northwest 21st Street zip code 33122 number 222 is that Democratic Big D is that for registered Democrats it's the dec is the democratic election committee elections so they're electing committee members very very necessary committee extremely necessary I was part of it all this year um mayor did we do something with the live local act the live local act we not discussing that we didn't discuss that tonight we're going to that will come up um because a gentleman had a question about it um I think was last in the pnz meeting and I told them that when we get to the next pnz meeting because they weren't able to be here here the launch individuals W be for the PNC meeting for the site plan and that's when we'll go through the whole live local okay but is there anyone here tonight who is coming to speak about the green space at the launch yeah I went we went through that right yeah yeah thank you mayor all right thank you very much council person life foot W do I have anybody else everybody good all right do I have a motion to adjourn do I have a second move by council person life award do I have a second second second by council person Martin the r council meeting for Tuesday April 23rd 2024 is adjourned at 7:42 p.m. very good people