the regular council meeting for Tuesday January 23rd 2024 is called to order at 7:01 p.m. we're going to have a moment of silent meditation followed by the Pledge of Allegiance pledge allegiance to the flag of the United States of America and to the rep for which stands one nation God indivisible with liy and justice for all thank you very much Madam clerk please have a roll call roll call Mayor Nickerson here vice mayor perella council person bbone present council person lifefood Ward present council person Martin present also present for the record Janice jacobe uh Village Clerk and chrisa Village manager very good thank you very much I appreciate that um approve of the agenda we only have one agenda item uh you have a motion to approve the agenda so moved moved by council person Martin do I have a second second by council person I mean second by vice mayor Pella all in favor say I I I I'll oppose say nay hearing none moving on good and Welfare this first good and Welfare is for those who have uh a comment for an agenda item anything on this particular agenda there's also another good in welfare at the end and for each agenda item I also let you speak at that particular time is there anybody for the first good in welfare seeing hearing none moving right along consent agenda do I have a motion to approve the consent agenda move by council person bbom you have a second second second by council person Martin all in favor say I I all oppos say nay hearing n moving on agenda item uh 9001 Northeast First Avenue uh tree planting and property Improvement inquiry can I have the the resident come to this Podium here clerk jacobe is right now uh passing us around some pictures that the resident um is providing us and you have by your seat you have by your seat an email um from when this first started uh and it first started and the email says good morning maror Nickerson I live at 9001 Northeast First Avenue um I have invested a lot of time and effort to improve the front yard of my property including the ride of ride of way I've planted new grass in the in the whole corner and I'm trying to request permission to the council to plant two small palm trees in the front which makes the front more beautiful and uniform with other with other plants I have I was recommended by Camila and Frank go to present my petition in the front of the next council meeting on March 28th it's been a while since the variance process wouldn't apply here my efforts to plant these trees in the right of way is a benefit for the village to help to keep improving our community surroundings with warm looks I ask your help to be able to present my case this um this coming Tuesday thanks in advance so what's happening here um and I think this is another one of those things about uh you know us attacking that whole thing with the swell and stuff like that um because from what I gathered from uh talking to Scarlet he's planting so he's improving um that area but but officially you can't uh plant anything in that area without permission even though residents do it all the time when they improve their swells so basically um I guess he wants to come and do it he's coming to do it the right way which is to get permission from the council and this is one of those things that I think that we need to really look at and uh and update because residents residents do their swells all the time or they're improving their swells all the time but officially you're supposed to come get permission from the council to do that and although most residents um don't do that he's doing that and so that's that's kind of where we're at uh just say your name and address for the record and and explain the pictures that you uh have provid us with pictures I mean so start from the beginning when when I apply for the per for the driveway these these BS they're actually the middle right they're actually in the middle right uh they're actually in the middle of the driveway zoning told me that I needed to leave that rectangle which is it's a city soil so basically um um you need to ask permission for anything planted um I do do some work of construction in other um municipalities like City of Miami and when you have something like this zoning zoning actually they make you plant in in C Miami you need to plant a pump tree there it's it's is actually not uh it's a must you have to do it so I went ahead I planted the trees uh obviously I wasn't going to leave that rectangle in there you know it it it looks ugly you know like that so I was trying to improve and also in my mind I was trying to comply with the city because I thought that was going to be uh something that is going to be required I passed a few I mean I pass all the inspections um in the driveway they came the saw the treat zoning uh building everyone uh the issue didn't arise to me until Miss uh Fritz Co compliance came and told me um I need to ask permission I was a little bit confused because I said I thought I was doing the right thing I pass all my inspections so he said you need to go and ask uh the conso because even though it's it's your property the conso needs to say yes it makes sense to plant a nice bomb in our soil and the other pictures or before and after pictures when I bought this uh this proper a couple years ago not only I made improvements to my Landscaping but also I did a lot of improvements to the soil that belongs to the Village if you see that was practically dirt uh I planted brand new grass not only in front of my house but also the side of my house if you see in the pictures before that was nothing so I planted 150 ft of new grass and I install by permits with the with the village a brand new uh sprinkle C system so I made a lot of improvements not only to my property but I wanted to bring value also you know to the city as well and uh I'm here to do things right like mayor said uh have the pumps the right way I don't I don't want to have any uh fine or anything like that in in my property okay thank you very much um so so I guess today we're just concentrating on these on these trees and I'm I'm looking at them now so I'm looking at what your referring to I'm going to turn over to the council questions and comments from the council is the code enforcement person here okay anybody want to go because I I looked at this I haven't talked to him because it wouldn't be right I could have but I didn't but I know what I want to say go ahead go ahead all right well if I'm sorry Dr Ward if you'd like I mean I can um attest to the um the code does state that any Resident who wants to plant a tree in the Swale has to to come and get councel approval it's not just to plant anything you know your ground cover or what have you it's tree planting so answer question number one did you look at the color okay that's that's settled I know when you moved in that house I know what it looked like before what is so I like the idea of shade but in because there's a sidewalk there I guess that's the problem no they're not in the sidewalk if you see there it's is a driveway what is no no that's not that's not the picture uh maybe look it's this I can show it to you right here yeah right here no that's a driveway that's my driveway actually that's it's it's not in the sidewalk okay so so what's the difference between the two I mean I'm really asking good question I got a I want an answer this is on your property inside of your inside of your driveway inside of your fence okay what's going on between thead and the side so this picture is correct it's in the no that's that's yeah you got I I just wanted to show that for the improvements uh how it looked before of the whole area of the right away and the improvements that I did myself so where's the problem if you already planted trees and you talking about this backside there's not technical there's not technically a problem yeah there's not technically a problem just that uh Mr Fitz came and said you need to go and ask proper permission to do things the right way can we Madam manager whoever she is just kind of let people know that because I this first time I ever heard that most people can can do this yes so um so I'm actually I know this has been very disruptive but I'm actually pleased that this is something that was caught by our code enforcement officer it gives me hope that going forward we're going to achieve success of of you know addressing the French drains and these types of things that are just um gone in without you know uh going through this process right in terms of SES so um my only question is uh is are the Palms native species no they're the ones allowed by by the city by the Cod okay okay um I mean uh I believe it falls in line with what we're trying to accomplish through the upcoming Charter in terms of promoting canopy and this type of activity exactly so um uh had you applied for a fence variance um um sometime before that I did you did I I remember this yeah I remember that very well so um uh I I remember that very well so um I just want to say that uh uh uh thank you sincerely for um for going through this process correctly I know that it has been uh disruptive um but uh but it is this is where we're trying to get to In terms we had no genuine code enforcement for uh 10 years minimum right perhaps as long as 15 years so um so just in the past just really since the pandemic we've been we've been getting up to speed with code enforcement specifically and there can we can we keep going yeah yeah so that's fine do you have anything no I can't let you finish seemed like you your thought we have a good relationship she she correctly identified that I was already he shuts me up so we're okay so uh yeah so I don't know I don't know if I have uh enough information to correctly analyze this because a big question mark for me would be why are trees not allowed to be planted in this way like why is there that prohibition so can someone this why I would think that this would be like in a Planning and Zoning meeting where we had the Cordon group or something someone else to expound well it's it's established in the um in the code for the village ofel pel it's section 20-2 planting trees and shrubs and streets require permission of counsel I'm assuming that the purpose is to ensure that invasives aren't planted okay or that there is some control over the canopy and what will come uh you know I think it was an attempt at that but this predates my term or probably all our I don't know I can imagine I just think to to to go ahead and say that this is okay or to go ahead and say that um residents just can put whatever tree they want in the sale as long as they subjectively perceive it to be an enhancement I think can lead to the sort of like ad hoc and inconsistent development that might ultimately end up in in this being not as attractive or not as cohesive as we want it to be so I'm not saying that it is a wrong thing to have planted it I think the format within which that I'm asked to analyze this is a little difficult because I would love for someone um to give me some background on why this prohibition is there and also to expand on what is the comprehensive plan for uh Village Wide to either allow trees or allow particular types of trees so I think you're caught in a situation where the ultimate goal is to have something that is more cohesive um but we're in the process but not there so this decision is a little uh difficult for me that's that's my thoughts on it I have one final thought I'll be concise um so this sounds like to me like having this Charter process get going and then to finalization I feel like is where we will get the answers to how should it be so I'm looking forward to the Charter process being completed and then uh I would I would imagine um I'm not going to raise my hand as an expert but I I would imagine that the initial restriction on trees being planted in swales would be uh because depending on what you plant you might be eventually putting in route systems that tear up the sidewalk tear up the street roadwar this type of thing so I'm sure that's part of the calculation but I believe this would be something that the charter committee would do phenomenally well uh to address Mr Mayor yes go ahead thank my colleagues this is your house this is what it looks like so you're right there on that corner right yeah I know but I got a real question you got this big old tree right here that's subject to beat up your property and it was there when you when you came right you know that's got running Roots right still there okay and it's still there and it's not even F feet from the middle of the whatever right this is a huge tree this is our tree how do you know cuz I got two in my yard okay it's going to te up your house this is on the other side of the rway because it's on a sidewalk you have the benefit of a sidewalk so if these trees act like that tree it's going to tear up these sidewalks that's my only concern right now that they may tear up they may destroy the sidewalk that's my only concerned and to tell you you need to have this checked out cuz this these roots are not small when it was planted this a pretty little tree but I've watched that tree grow okay now we're talking about out here is this the same tree is that tree no that's a regular but the Palms that I'm talking are not those mic picture you talking about a palm tree yeah you're talking about a palm tree you're talking about roots that don't grow deep you're talking about a palm tree roots that don't that don't go go deep okay yeah I'm sorry so you're the picture that you're looking is not the right picture it's that picture wait why did you give me this that was a before picture for another point that I was trying to make this what you're asking correct it's just to improve how I improve the the overall condition of the outside that's where the trees are that's there's no sidewalk there that's in the middle of my driver this is and those are regular pums they've been like that for two years they don't grow more than that okay they're very safe I have them all over my property believe you trying to plant these yeah you're trying to plant these they're there did you have a permit to plant these you don't to plant those you don't actually need a permit it's permission from from you guys and these are what you're trying to plant still correct and these are where you want to plant them yeah what's the issue uh somebody said somebody said just do this because correct see um Mr to the counsel and mayor it sounds like it's unfair that's the only thing I'm getting down to it sounds like it's unfair it's the same set of trees he already has them there it's a beautiful piece of property if you haven't seen it um and I just don't know I I commend whomever sent you so that we can document on the record for future whatevers but I I don't know where the problem is since it's already there and they don't want you to plan any more like this what you trying to plan it if I I can clear no no no I want to ask you no I'm not planning more that's that's that's about it what you're not planning this anymore what are you trying to plan they they're there already they're there already already so the issue is that I plan them I pass all the inspections and N of the inspections raise any issue about about they did uh yeah this and the co compliance inspector came by and said the even though you have Palm TRS and they they comply with the code they're still in the right of way City soil you need to ask permission stres in the streets that's way this is in the streets I see your house even though it's inside my property it's called the ride of way yes or or other public places say or other public places we got a problem this is not invasive this is not brand new this is something that has been part of the property for years I fa to see for my fellow Council people and the mayor I fa to see where the problem is no we have not spoken it's just I was concerned because I know this property I have to pass it a lot and I didn't see it but if it was one of them big trees by your house then I would be right there but I know these trees not by name I mean I know these trees I know where the I know you mean you know and I just I just didn't understand councilwoman I I think the issue is that this violates the code so he put the trees there but according to the code for the village he cannot have those trees there so is that correct it's only that it's only that because of the consequence of a something like a tree or a shrub that would either uh block the V vision of right away right or um or would disrupt the sidewalk or the street right for that reason is why the code is saying that permission from the council is required that means so there's no there's no like it's it's as long as long as we would agree tonight that it is okay for him to have those trees there then there is no longer any issue if we would vote the other way but the code contemplates you getting permission prior to correct so he currently has it which is why Fitz sent him because if it was just fine for him to have it I'm assuming it would be wild for Fitz to then just stop and say hey stop by Village Hall he cannot have the trees because they are in a right away they're somewhere that they shouldn't be and then we need to engage in the analysis as to whether or not we want to say yes this is permissible and also we have to be aware that we're setting a precedent as to whom gets to put what TR Tre in the right of way and I think that that's a difficult analysis to do without some sort of guidance from our topic area experts which is are the corono group or cam or Pia um so I think that is the issue that we're mulling on right now and it might be the will of the council that hey it's fine it's in maybe you guys are more Tree Experts than I am but I do not know what planting this type of palm will doing the right way but I would love for someone was knowledgeable on the topic to give me some guidance so that when I'm making the decision I'm making an informed decision that is not ultimately going to um prove to be some sort of detriment to the Village so I think that is the sticking point where we're at and maybe our best move is to uh table this talk about this comprehensive revision of these items um inform the code enforcement officer that we are aware of your property and not to I don't know if we can do this but uh hold off on taking any sort of um punitive uh action against you while we figure out whether or not this is something that we do want to allow in the future so would tabling be something that's like reasonable for us to do with this instruction to code to kind of hold off on this property absolutely Mar um vice mayor per I don't know if you want to make a couple comments or no comments I actually echoed everything um um Council woman um Martin has said it's it's so the best the best um thing will be tabling the item until we actually have expert opinions about whether this is something that is harmless or but not to the I'm in I'm I'm in disagreement and would have just one more comment to make um so this is a one off this the way I'm reading this is each individual occurrence of a tree or a Shrubbery going into the Swale would require uh permission from the council uh and so I don't see a conflict with allowing this resident to move forward uh with his life um while we acknowledge that this is another example of knowing that parts of our code are outdated and need to be addressed um and that uh and that this would be uh highlighted with either one of the urban planning groups to take up or put on you know put on a punch list whatever list whatever running list they have for uh items um so I see this as a a acutely individual issue at this time with this resident and that we have now become aware of one more piece of our code that needs to be brought into modernity if I may add something because I got a fine I was actually fine uh by doing this um planting and and again I think some of the things that may improve the process of avoiding things like this is that I had inspections done by Public Works zoning and uh building they pass with the tree right there so I'm been penalized for something that they already should correct in the process and they didn't now the code is a code I didn't write it I don't know who did but the code says that you cannot even apply for a permit to do this that would be that's what I said my experience with City Miami if in City Miami they make you have some kind of space between your D driveway and and the sidewalk by they they make you actually plant the tree in there it's mandatory that's why I said it should be the same here um and then you when you uh apply and you said that the kind of tree obviously Public Works look at the tree I said hey yes it might damage or no it's a low but the way the code is written here that's not even possible that's why zoning said we cannot even review so the only way is you show up it variance doesn't even apply you show up at the conso and they say yes or no the tree that you're planting is within the trees allowed in in the code so you should be okay it just a matter of them saying yes or no now because I already got that um small fine is it's not allowed me to get my certificate of use and that has big impact in me financially and you know I'm I'm I'm here I have a family and BC so I've been and I've been trying to resolve this issue if you look at the date of the email it's it's it's going to be almost a year I've been trying to to to fix this issue uh I've been doing all my effort you know and and again you know think it's kind of fair all the improvements that I've done to to the right of way I'm not even referring to inside my property but that's why the before and after pictures man that I present is for you to see all the Landscaping that I I implemented uh and the sprinkle system in in the right of way um so by postponing something that is is already said that way I will say this first of all thank you for adding that additional color to it that you have kind of been in this predicament for a while um that you do have that fine that's precluding you from moving to this next step I appreciate all of that because really I I don't think any of us will say that the code is written in a way that we would 100% stand behind and you're correct in which you you um put forth it's a little unwieldly to have to come before the council every single time you want to plant a tree maybe there should be some enumerated trees that are okay some enumerated areas where planting in the right way is fine um so I get that and I apologize for the inconvenience that that that has taken on your business and your family um and I don't take that lightly um so so yeah it's an issue that we have to tackle uh maybe in the context of your situation you've you've done enough waiting on this topic so I will say that thank you very much Council person Martin anybody else last questions or comments before I turn to the um the residence the audience okay anybody from the audience have any questions or comments about this particular item supp you guys are good support from the audience um turning back to the counselor to the councel for any last questions or comments or ask for a motion how was he may I ask for those things that are already in the right way already there when you were when you moved you're trying to you're trying to mimic what's already there right it's already there you're just trying to mimic what's already there right you just want to add more these same trees corre where these other ones already exist correct this is not a brand new thing correct if we U mayor if we had the history on whether the trees that are planted right now this is where my my confusion is man already has these things where he's trying to put more no the case is those trees didn't exist those trees didn't uh exist before he planted them there and without knowing that he needed permission from the council to plant those two Christmas palm trees in in front of his property on the rway that's all it might look harmless because it's a small um you know palm tree I honestly don't see them them you know lifting the or breaking the the the yeah the sidewalks or anything is a matter of going through the proper procedure and all of that which he said it I mean um he went through all the inspections just like the inspectors didn't see the double side um sidewalk I mean driveway that he um built because it was a uh you know approved with a master plan which it was supposed to be a a sub uh permit for the driveway so I got away with that um the way you see the artificial turf right on the side in front of the property is not allowed that is something that I know is ongoing as well and it has to be taken down by code we're not allow um the code doesn't allow for that and um so few little things so I guess code enforcement that's why he brought it up to our attention because he's been going to that property for um quite some you know let me just say thank you so much cuz that now now the picture is hold what you just said just made thect pcture hold right and I appreciate that I see the problem now I see it now okay and unfortunately um that that changes my way of looking at it because what you just said wasn't said earlier if there was they were planted already but not necessarily permitted then I have a problem with that it's all it is thank you all right everybody good okay so this is where we're at so we either have on one side we have where um we can table it his trees stay up he doesn't get any more any further finds until we figure out on our end what we want to do that's fair we have on the other side we have that we can make a decision the decision could be yes if the decision is yes it's trees stay up he can move on and get his occupational license and move ahead with what he needs to do and and that's the end of it if we decide no his trees come down and that's the end of it then he has to pay to fine and he has no trees and he tries to move forward his occupational license those are three options you guys so um essentially we're here because in our code it says if anybody wants to plant a tree in the right way they need Council permission that's basically what it is right so and I understand with the other stuff that's going on but the other stuff is not on tonight you know whether it's his driveway or the the other grass or whatever that's not on so we're only talking about trees if anybody wants to put trees and their swell they have to come before the council and like I said in the beginning which you know this is neither here nor there I'm not saying this is a positive for him or negative or negative for anybody else or negative for him or whatever but people improve their swells and plant trees all the time and don't even take out the respect that come to us right at least he's doing that that's right so keep that in mind also with that with that we have three options do I have a motion for any of those three options I would like to move to in the in the mic well I thought I had it on sir I would like to move to allow the presently existing trees okay do I have a second for that motion say it again second by council person life reward say it again I I I heard it but I didn't understand the trees as they are currently right now I moveed to approve the trees that are there presently that is that good measure because that's not what he's here for that is what he here yes that's what he here for to keep them the way they are I didn't read that nowhere but okay to keep what you have get some more in place that's that's your that's your do the most the motion is voting to allow him to have the trees M that's to keep the trees what he has yes correct okay that's the first one or that's piece of it that's all of it that's the that's the motion allowing this resident to have the trees do I have a second for the motion you have a second but I didn't know that that's what according to what we've been reading it says he wants to plant more trees no no it's to keep those two that he already planted the two that he already already planted mhm why am I looking at three trees in the Ral Wass cuz I ain't seen Jack and right away these two two set of trees they come in P like that so these one back here they were already there okay so just PL these two on the okay that's it to allow him to keep those trees but you have a second right you're seconding that yeah do we have a second yes so Council woman life award second thank you very much council person Martin so it was moved by council person bbom second by council person Martin M counc person life I me oh sorry second by council person lifeward thank you very much council person Martin sorry I was just asking that has to be noted for the file because just in case he sells the house something has to be documented noted on the records no problem um it was moved by council person herban it was second by counc person like foot w M okay Madam cler my P have a roll call roll call council person Martin no council person lifewood Ward yes council person bbal yes vice mayor perella no mayor Nickerson yes motion passes you get to keep what you got all right thank you very much you all appreciate it well but but we got two sides to that he gets to keep what he has can he do more we're good we're good we're good yeah we're good we're good you guys I he only wants these two he doesn't want anymore thank you very much thank you very much very good there's another top the shrub that's why I see picture ah is there shrubs there there's a shrub somewhere you talking about this thing right here in the right away no no my and I think that was a huge mix that's not for here though right no no no no no we're just we're just add yeah we're just addressing Dre trees in the right way so you're good congratulations yeah congratulations have a good night conratulations so so I'm I'm looking at him I'm like to so I'm looking at him like you better get out of here while you don't don't say nothing that's gonna mess it up like you sure you want to say something else um uh attorney Geller just a point for the mayor for the council so you've decided Accord according to your code what you're doing on these um You may wish to direct your planner uh in conjunction with me to look at the issue and bring you back a proposed revision um you don't have to do that but you could try to change your code in a way that would be more consistent for the future so doesn't affect your your decision's done okay but you you I mean you don't have to do it now either but if in in listening to you there was some discussion about what it ought to be what it should be I understand that somebody said this is a oneoff because these are two trees that have been there and you know there were inspections and any everything so you've made that decision as to this but I'm just pointing out you have the option of asking the planner to to bring you in conjunction with us a proposed amendment to your code and if you direct the planner to bring you something or a couple of options to look at it doesn't obligate you to make a change you could see what the change might be look at it think about it and if you ultimately decide not better to leave it the way it is you can do that but I I just point out only because I heard some conversation about well you know how it maybe you think it might ought to be uh when it's not the unique circumstances of this case may I address that mayor Nickerson please go ahead attorney Geller and members of the council we are already doing that an item will be before Council in March from our urban planners and our senior um engineering firm to um uh create um a resiliency and sustainability um component that will um be amending the storm water master plan and we'll start um some resiliency planning for the Village um that came at the direction of council person Martin when we did the whole Swale um presentation that we had to remove from the agenda because we wanted she wanted us to go back and and be more um I guess inclusive um but that has been a project that council person Mar the vice mayor and mayor Nickerson have been working on with me for a few months now thank you very good thank you very much appreciate it um okay thank you very much thank you very much for this okay moving on you guys to the reports Madame manager your report you get a chance okay well that was a part of it but but I will uh make it brief since we have a the benefit of a light agenda tonight uh I just want to alert the members of the council and our community that the village has um submitted our two um legislative request of the State of Florida we we requesting again this year uh we're uh requesting funding to allow Renovations for the El Hotel Police Department um in the amount of $482,000 as you all know we've always been hamstring by the fact that we don't have matching funds for the amount of of money we need to do um some of the corrective um or or even uh Capital Improvements around the village but um we are requesting that of of the Florida legislature this legislative season and we're also requesting um proceeds for the continuation of the ill hardine storm water improvements in the amount of $200,000 so I will meet with the the Florida league and other managers and administrators uh every every um week on Mondays uh to just get the feel of what's happening in Tallahassee and I'll forward you anything that comes down the pike that also affects you know other areas I know that there are some things related to building department um like the speed of Permitting and all that that it's being considered uh these are not um passed yet but these are items that could affect the way we do business as well so I'll keep you posted as as those things happen also um speeding and traffic accidents I mean over the past two three months um especially on Northeast 2 Avenue at 87th Street uh there have been some accidents and lots of reports of speeding the village is responding um as quickly as we can as you all know we did a Mobility study for Northeast Second Avenue we have a road diet that we have proposed to Miami day County we're just sadly still waiting for that red tape to kind of clear up but we're waiting for permits and permission from Mii dat County to impose um some change with the road diet um that we'd like to uh create those single Lanes uh for um North and South going north and south but also to um we're also waiting for the permits necess necessary for our speed signs as you know we've lowered the speed limit throughout the village but we just don't have the signs um um uh permitted yet from Miami day County but we have identified a vendor we're just waiting for the blessings from Miami day County so those things are still in in the works but um addition additional to those um things that are a little bit slower um our police chief uh Chief Mendes and his team are uh ramping up their presence in the area and preparing a multi-departmental um enforcement plan to be implemented I don't I won't say dates and times because you know this is um law enforcement but uh they are um working with the city of Miami Miami day County um Florida Department of uh I'm sorry I think it's Highway Patrol the department is coordinating with joint traffic task force Miami Dade County city of Miami Miami Shores Village and the Florida Highway Patrol um for um assistance over several days in reducing the speeding um and enforcement on in that Corridor so I will keep you all posted we you know want to ensure that um our residents are aware but um I know that we were going to be very stringent about what's happening there I mean there've been race parties there I know New Year's Eve a a huge event was there at 2 o'clock in the morning at that intersection um hence the skid marks throughout so it's um something that's happening uh countywide but we are trying to do our our part as well to to ensure the safety of our residents and our streets so um so that is is happening uh through Chief Mendes and his Department um and then um as I mentioned before uh pbia and Craig A Smith uh and cordino group have been working with me and uh we actually made presentation to the um sustainability and resiliency task force about two weeks ago um through um mayor Nickerson uh to get the feedback of the resiliency um task force uh to see what they if they had input on this new green resilient Swale um Street um plan we're using studies that were created um over the last few years including that which um council person urb um had uh commissioned it at one point about um you know implementing oneway streets in certain areas so we're looking at everything and a presentation will be made to you all um for the March um council meeting um that will you know uh be more formal but do know that we're um addressing the swell issues as best we can because this continues to come up in fact uh this morning at least special Masters hearing we had uh five cases one of which was again about um gentleman who have been fined and cited for Swale uh infractions but again having the issue of not being able to plant grass um as Mr Simmons has stated several times there are other things you can plant besides grass but that's what people want to plant and if they don't want to do grass they want to do rocks and so we're we're working on that um and we hope that we'll present something to you next month that will be um satisfactory to you and I'm sorry for February I don't think if I said March it'll be February okay so that concludes my my report but if anyone has any questions um please feel free to reach out directly to me and I'll have this um manager's report posted on the Village website thank you oh as you point out correctly the legislature over the last three years or so has started just about requiring a local match in order to uh make an award didn't used to be that way but right towards the end of my service they changed that and so but there is one Nuance to that they don't require a particular they don't require a particular source of the match so in terms of the renovations to the PD that we simply don't have the money to do it's possible that you could pursue through the county either through our county commissioner or through the mayor seeing in view of our small size and fiscal constraint whether there would be some kind of County grant that could be available that if the county gave us you could put up to Talahassee and say this is our local match and even you're trying I can't hear you you have that okay any other questions for the manager all right hearing now I want to thank the manager I want to thank all of us up here you guys for that green resiliency um option and so you know counc person SM with the swells and all of us like focusing on different things coming together I think it's going to really move eler into the future in a in a major way um you know the manager and I are always on funding calls all the time and we're we're always looking for more funding more funding more funding the way that this is a whole kind of came about is because we were we were looking for funding with storm water our storm water master plan our um Wastewater master plan and what ended up happening was was that we were looking at it we had chairperson Carpenter on with us who was a chair chair person of the state ability and resiliency task force and you know her passion you know she's also the executive director of the everglaze Law Center her passion for environmentalism and green um and and and Greenways and things like that she was kind of she was started asking a question about like well with our storm water and our Wastewater Master plans you know can we put bios swells and things like that and we were like we might not be able to do that and then after we after we got finished with that whole meeting myself manager Lou and Orlando Rubio our engineer said you know what we should do we should we have our storm water master plan we have our waste water master plan we should make a separate storm water master plan and Wastewater master plan that are more geared towards like environmentalism and not just you know the regular pipes and the regular but like the environmental aspect of it and I said you know what and and we not only did that for it to be you know more environmentally friendly but what it also will do because I said well you know what you guys what's really good is that it seems that you know as time moves on everybody's more starting to recognize more environmental um mental situations because if you think about it it wasn't 20 years ago when you had one political party say that climate change didn't even exist you see what I'm saying and so it's moving more in that direction and I said well then this is what we should do then you guys we should make both because the way I feel and the way we all feel myself man a manager the way we feel is that you know five years from now 10 years years from now when you know as we more move into that direction there may be just as much but if not more funding for a green Wastewater master plan or green storm water master plan instead of just a typical one so let's have both so you know and let's always now you know once we get the uh the the green one finished let's start going for money for both in in both directions and whichever one breaks through then we just have another option of funding that we can get that out there we have those plans already ready so that's um you know it's going to be really good I think for El in the future that being said the mayor's report is there you guys you guys can see it go through it any questions everybody has my number my email address text me call me anytime that's what it is attorney Geller one matter um there is a new state law uh that impacts us there's a new law about public advertising uh it's always been newspaper of General circulation um but because of a new state law that I will say I think is a terrible law editorially I fought it for seven years successfully but my last year they finally got it through they now permit public notice to be done online instead of in a newspaper that's resulted in a lot of newspapers that relied on that Revenue starting to shut down as far as far as actual printing the The Daily Business Review does not do a hard copy anymore as of January 1st so there is a website that Miami Dade County has established um I've talked with the clerk about this issue um the clerk's Association in Dade County are pushing this out there's kind of a model ordinance for it and what it does is it permits the the municipality to provide the notice online and one method of doing that is through an interlocal with the county that is now you know working with a particular website it's not mandatory that we do it but it is something municipalities are moving towards because the costs of advertising in a newspaper are now becoming more expensive because you're kind of stuck with going with the herald although you know there is still Community newspaper and that's another possibility and there's some move in that direction so um I would suggest that you don't have to again you don't have to approve it but I'd suggest to the council that you allow me to proceed in consultation with the clerk and with the manager to prepare a proposed ordinance for you that amends your current requirement of publication in a newspaper of General circulation in keeping with the new ordinance you may choose not to adopt It ultimately and like I say I don't I don't like it that they did that but um they've done it it's the law uh we could continue to require advert iing and to place our own no Public Notices in newspapers but the cost of that is increasing to do that so I would I would propose to draft something bring it back to you for consideration and at that time when you look at it and uh the clerk has done some work on it as I mentioned already and uh the manager has you know obviously is impacted by it as well in a budget standpoint you can decide when it's before you if it's something that you want to adopt or not thank you attorney Geller um yeah I really want to thank the clerk you know the clerk is always up on top of these things and weeks ago the clerk contacted me and said hey mayor heads up they um you know they're not going we can't go through dbr anymore and and the heral is not only way more expensive she said but the heral has different like qualifications so as soon as it came down um she called me that day a few weeks ago so so thank you both but yeah the clerk is always up on top of those things appreciate it um any questions for the attorney is that a yes that I should proceed with it yeah because we don't just decide to bring ordinances to you unless somebody asks me or I ask yeah I think so to be clear what attorney Geller was saying was that right now it says that we were were required to have the advertisement in the newspaper um the dbr was great for us just because the dbr was great for us just because um it was cheaper and the qu you know the qualifications weren't good the hero was much more complicated um I don't know attorney I mean uh clerk jacobe if you want to go a little bit more into that because you were the one that that first looked into that um yeah um I had brought it to your attention I just don't feel comfortable right now I don't have enough information in order to proceed um he's right they have met the clerks have met and um they're looking theyve even talked to the um Clerk of Courts that they were going to do it through them I just I don't feel comfortable that I have enough information to proceed other than with the newspaper right now um I did speak to the president of the Miami date County clerks Association after I found out and he told me that Miami date had to adopt it before we can adopt it in my uh for my department and since it does fall under my department I don't feel that I have enough information for me to move forward with an ordinance and to be clear I don't want to sound like I'm saying you need to do it uh or recommending it at this point the the both the clerk and the manager have like kind of different concerns the the clerk has the the getting it done the manager has budget concerns but whether you adopt it or not I'm not not asking you to adopt it but I I am asking permission to bring it to you because I think it's something you need to look at and you know you'll have two readings because it's an ordinance so you know you could consider it assuming we can get it done it is a little complicated but assuming we can get it done in time for February for first reading assuming Miami Dade has done everything that they need to do by that time otherwise first reading might have to be March but you still have two readings you can look at it you can consider it you can ask questions about it and like I said I don't like the law but um it's not up to me it's up to you and I do feel that since the law has changed and there is a a cost factor involved that it's something that you should consider but if it's not something you want to get to just yet um you know you're not required to yeah just to be clear for clarification purposes you guys so attorney Geller is saying that because because we in our ordinance you know because the way we do things we have to advertise in a in a newspaper periodical newspaper and therefore we used to use the dbr the dbr was much more friendly much more cost effective and things like that the dbr doesn't exist anymore therefore now it's basically the heral The Herald is much more expensive the Heralds um has different um qualifications therefore what attorney Yeller is trying to say right now is should I start to look at an ordinance that changes that says that we have to always go through a newspaper because if that's the case if we're locked into using the herald then it might change our budget it might change the way we do things so should we have an or should we have an ordinance that give us another option out in case that in case it comes down to where we're stuck with the herald exactly so keep the ball rolling keep the ball rolling um do I have a motion to give attorney I'm going do all in favor you guys do I have a motion to give motion just the counil I'll take just consensus of the council I was gonna do all in favor I that's what I was GNA do that's what I was gonna do motion to to uh to have attorney Geller start to uh create this ordinance uh motion moved by vice mayor Pella you have a second second second by council person Martin second by council person Martin all in favor say I I all oppos say nay no oh one n the um four eyes one nay the eyes I'll work with the CL manager we bring something together thank you very much I appreciate it all right that cones my report any questions or comments forther turn Okay hearing none moving on good and Welfare this good and Welfare right here is a second good welfare anybody can come up and talk about anything at all not only on the agenda anything on your mind just come up and say your name and address for the record and the floor is yours hello hi 8525 Northeast 4th Avenue Road Scott cobri um so yeah I just wanted to address um something to I guess understand process of trying to propose a change I know that there's going to be some work uh being done on the various uh ordinances and as far as the noise ordinance um something that I think is very very important uh moving forward uh considering the enormous amount of development that's uh taking place in in the in elportal and the surrounding areas um that uh there's some sort of relief for for the residents from construction work once it kind of gets a little bit crazy um and so I wanted to potentially propose uh modified hours than the current ordinance uh uh says um and what I would like to propose is uh Monday through Friday like you know a lot of uh several other neighboring municipalities have uh Monday through Friday um and a no construction work on weekends uh currently um this is something that I know that I've been before you before about noise because of my proximity to the sort of corridor uh where there's some um there's the skateboard as well as what uh they're building the cista now as I understand there's uh a potential project being done on the old trailer park property um as well as the launch at at Little River um um next to the cista as well as a bunch of projects on Northeast Second Etc um and so I was uh wanted to understand the process of trying to uh put that before the council to or or you know how that might get done yeah so this is the process you let us know like your thoughts about it sure and then we keep that consideration when we look at these things uh moving forward and that's how that's the process so you started the process great so is there is there something like because I just remember in the past I had seen like uh somebody had presented a sort of idea um and then the the council voted on it is that is that not like is it able to get as an agenda item on that's what he's saying you would okay you could stay in touch with me sure um and um and uh and I would I would basically be the one taking the suggestions to the code enforcement committee um generally I mean any Committee Member obviously can but um but I would suggest just stay in touch with me um and um and uh that's what we're working on right now so great uh yes so congratulations you started the project thank you I just wanted to propose what you know my thoughts are which are would be uh nine uh Monday through Friday uh 9 to5 type of situation um rather than the exist Monday through Saturday um yeah until 7 I think it's 7:00 a.m. until 700 p.m which like I think everybody will realize when when they are even close to a construction site which I think most people will in the ne will be next in the next five years or so um that you hear it from blocks away and it's a constant all day with the trucks beeping backing up um you know jackhammering uh Etc and there's really no relief when you when it is Monday through Saturday 7: am to 7 PM it's it's kind of a constant part of your life so I I think you know it would be really nice to have a little bit more relief especially because this is like supposed to be sort of an oasis um that is close to the city um and uh just in terms of uh pointing out that there are are several other municipalities close by that have uh you know us no work on Saturday and Sunday um and those kind of modified hours so uh just wanted to say that so that's up for consideration and also ask is there any other um ways to make it uh more possible that this is something that would get passed by getting um more residents uh you know know sort of on board with that or some something like that so first of all let me say your uh your suggestions noted by not only the chairperson chairperson bbon but also for with manager Aloo um as far as you know any support you can get is always a positive thing right in government so if your neighbors feel the same way um you know residents all around you feel the same way for sure bring them I'm sure uh chairperson irban would welcome them to his code enforcement meetings and that's where you know everything will start to be discussed and talked about great absolutely okay all right well thank you very much and then uh one other topic that I want to wait wait cuz you you said a lot I don't want something to say can I yeah go ahead counc person M you've come often with the same stuff and I made it my business to see what you have to deal with mayor we are not under any any manager we are not under any obligation to keep a business in this city that keeps being disruptive am I correct about that uh yes you're correct okay I didn't ask the attorney I asked the manager in having done that years ago if it hadn't been me doing that I'd have been shut down a long time ago why are we still playing with this if it's noisy and it's not if it is noisy I've been there it is noisy why are we continuing to have this business in the city limits when we know already it's a very much distractive and unpleasant liability I just need that answer because if we you on the other foot and I was doing it they'd have shut me down the council would have shut me down when I first moved here I know it because I tried to do something and I was shut down am I right uh uh Mr attorney so why are we still dealing with this if the if if it's not getting any better I would rather see another company than to keep doing this we need to we need to close it down this has gone on too long and you you're you're such a diplomat you know you're such a diplomat thank you but I'm I'm I'm in this circle with you because I know if it was me they' shut me down 20 years ago yeah um issue all right so when when somebody violates something they get fined and the skateboard has been fined tens of thousands of dollars how much have has his fines been about 15,000 today even today they got a and officer Rodriguez and and and that's but originally when you when he went to the first hearing Master's hearing and the second master hearing both of those like give me the total the total fins Madam manager it's about $15,000 did we hit it was it was it five five five two fives and then today was another five okay so it was 15 total okay and so there's a process to this that's the first thing second of all he's and when he's you know when he's allow he gets fine second of all the difference between you know a resident and a business is that he's in a Zone that's a Zone that's zoned for business you know that 82 that not 82 83rd street right there that's a business Corridor and so that's that's another difference in that but we understand and he's been fine when he gets out of pocket he's he's fine and we go through that process um so that process is being done has he paid yes he he has paid up to date he did not come to the hearing today but he will receive his bill and we'll expect some payment but I think Mr Scott was talking about construction noise and you want to limit the hours of construction because we also have that going on as well and that also encompasses the renovations that your neighbors do on weekends and you know early morning so you know as the mayor said and as council president bbam said please present your proposal thank you thank you very much and yes uh you know that the um that is accurate that you know it's still that other issue has still remained to be a problem um up until uh very recently but um I am aware that hopefully that is being followed up with and uh being hopefully going to be you know taken care of to some degree if if they uh if they do don't uh comply or or or whatnot um so thank thank you all for that um the other the other issue that I or the other topic that I wanted to bring up was with respect to um the you know especially talking about like the green weight and sort of the sustainability and and and so on and so forth um I'm not sure if everybody has has or people have noticed but there um is a uh a homeless man that is uh hanging a lot of trash in the trees um around the neighborhood um and um in particular uh where I am uh with the train tracks uh behind the train tracks there on on those sort of vacant properties tying plastic bags and trees right correct yes um and uh and various parts and that he's covered quite a bit of ground and um I just wanted to find out if there is uh any sort of like cleanup or or anything like that uh that is um done regularly I'm not sure if like there's um you know a volunteer type of clean up up committee or anything um but wanted to you know understand if there's any sort of thing in place or how to you know maybe organize such a thing um so that there could be um you know cleanup of of you know that and and potentially other sort of trash and and pollution litter throughout the The Village yeah so when it comes to and uh and we've had that recently when it comes to to any Trash that's within the village our public works department takes care of that um some of these areas though are like right outside the village also and um for that it would be City of Miami or under cor Miami day but if it's usually on the border we'll usually take care of that also um he seems really persistent on his his his plastic bag hanging um but we yeah yeah it's all over the place yeah you don't have to put up with it come on people we don't have to put up with that yeah he's made uh quite quite an impact he he gets a lot done in in a day yeah for sure but as soon as we see it as soon as we hear about it we we we we respond right okay so great and but is there any way that is there any like um you know sort of uh Village uh like cleanup anything like that that happens or so is interesting you mentioned that it's really interesting you mentioned that um myself and manager Lou um we're looking at a quarterly Village cleanup okay that will'll be starting to talk about pretty soon so I may for one sec one second I all of those things are valid things but it seems like you do have an urge to organize your neighbors um in support of these worthwhile tasks on your end and I think for sure the village is spearheading a lot of those things but please don't let that preclude you from doing it as well uh because maybe there is a spot where our code enforcement officer can't reach it doesn't see it our Public Works officer can't reach it doesn't see it and if you see a way that you can fill that Gap and make the village better for us all feel free to get your neighbors together and organize that as well we're doing the best we can on our end and having that support is uh valuable so thank you we appreciate you tonight I think we have more comments I think uh Pascal Pascal yes thank you so much we appreciate you okay awesome pasc we going to a new subject we going to a new subject good no but are we going can I can I can I entertain him uh because if this is a new subject sir come back up he uh council person life of War has a question for you first of all thank you secondly we didn't always have the situation third is it always in the same place all the time no no it's uh he he's been kind of getting all around you know to as far as up his Miami sh I've been here 31 years the reason why I'm asking a question and we never had this situation he had to know something he had to know somebody he had to something is is keeping him doing that sure do you have a name address phone number he's homeless right but you don't have a name so I'm curious as to what we have been what what if anything we have done law enforcement and otherwise to minimize this this foolishness this is one person in a village has 2700 people and you need to tell me we can't figure out how to make this person either move away get out of here you cannot be homeless here and acting up it just doesn't make sense you you've given us this report once and I'm saying the solution is what I'm looking for I'm looking for a solution because I don't come here for the dumb stuff I come here to make sure we can go forward okay and and and knowing that this is happening does not speak well to how much we appreciate the village how we appreciate the village and we appreciate the village but to see something recidivous done is not making sense to me so unless unless there is a r I don't want to hear this report again I want to know what is being done if any how it's being done put me on the committee I don't really care I just know that I didn't move into this Village because I had saw a lot of trash I moved in this Village because they didn't want me here okay I'm a civil rights radical that's why I moved here that was 31 years ago now you telling me trash over there I will book so help me catch this scoundrel have the police there get him arrested and tell him don't you come back in the city no more again something can be done but this I've heard too many times you understand where I'm coming from thank you very much thank you may I add mayor Nickerson that um we have reached out to Mi day County this is he's all over Mii day County it's not just El pel and he doesn't live here in El pel um we have uh reached out to M day County south Florida Water Management District it's also along the canal this is not just an El pel matter um so other the other municipalities are engaged as well um this person has had an intervention with um County Services um they are trying to um address his his issues um but we he operates in a way that we can't we don't see him doing it you know we aren't seeing that he's doing or when he's doing it we just take the bags down but when he sees that they're down it comes back and puts up more so at this point there's some kind of um intervention for from a mental Wellness perspective that they're addressing trying to address with this gent that is what we are doing um you know if you have any other suggestions please uh feel free to reach out to me and and um police chief Mendes so that we can maybe find you know something else and I know you may have some um some answers or some recommendations we'll take those do we know his ethnicity never seen him okay I arrest my case manager I do unacceptable thank you very much I appreciate it you guys thank you very much thank you so much scer pool 177 Northwest 90th Street you guys know me a little bit um I wanted to thank you guys for moving bulk trash from December to January that's awesome because we don't have you know Christmas with trash in front of the houses I think that's lovely however today my street looks like a little hurricane blew through there because the way that trash got picked up is ridiculous we have broken mirrors on the street we have branches all over the place if Fitz comes by my place right now he's going to find me for how my place looks with what trash is on the floor that didn't get picked up today that was in there so um I don't I know you guys regulate us heavily with s strs obviously and all the other things that we're talking about like the gentleman here withes who is following our vendors to make sure that they're doing the right thing because at the end of the day I'm responsible for what that what that tril looks like once the truck's left and nobody's going to find the truck they're going to find me so um so thank you Mr dupaul so this was something that and correct me if I'm wrong but this is like the first time has been like this it is yes so and we're we're going to Madam manager we'll contact and see what's going like what like why this time all of a sudden things have changed because um you weren't the only one right there were other individuals that contacted us today and were saying that like hey like mayor hey manager what's going on with B pick up like they're really sloppy this time they are um and this is the first time they've been sloppy like this they say usually you know they usually because that claw can't pick up every little thing so usually Afters they'll go and sweep up or pick up little things but this time they didn't they just picked up with the claw picked up and everything that left it just left so they would like leave like a like broken mirror pieces on the on the on the street and things like that and and all type of stuff so I don't know what happened this time it's the first time but we'll get to the bottom of it manam manager um and figure out what happened absolutely and I did report it to the um to the vendor uh when I received that message earlier today so hopefully they'll be back because they'll be back tomorrow in the next day in the past theyve been great yeah where the guy's hopped off the truck he's wrecked things off I've gone up to the people who are doing it saying hey thank you so much I really appreciate you guys taking care of not taking that claw and diing up half my sale because I'll get in trouble with that too but being careful with it but then coming back and raking it up picking everything up the place I we've been in the village for almost 25 years it's been spotless every single time this is the first time my question to you guys is just who checks up on the vendors do you got does Fitz spot check and come by and take a look or is that you mean you mean for like trash and both pick up normal trash like afterwards but like bulk trash yeah well bu trash yeah is different yeah we we've never had to because we've never had this problem you know moving forward now that you know this happens now we're going to have much more of a Keener eye on it but you know for like you said for all these years we've never had this problem so we didn't have the code enforcement car driving behind them just to make sure because we never had this issue before but now that we know moving forward next time we'll definitely keep a larger eye out on what they I've seen I've seen the supervisor of the trash Guys follow them around or or spot check and things and I I don't expect you know fits to Trail every truck that's ridiculous but just is that on us now that we have to start reporting that or I think it'd be great if you know Fitz would take a look and say Hey you know this looks like a mess and then when we call you guys you guys say you know what we know about this we're ready on it I appreciate that you are today I know this is today I know it's the first time we're just working so much on improving the village right now don't forget your vendors please is absolutely thank you very much appreciate also um I know bulk pickup is more of a matter for public works it's not something that Fitz would be he does code enforcement for residential homes so Public Works would be the um entity within the village that um addresses the f is going to find me for what my property looks like right now not public works okay but I understand but you're asking who followed up on the vendor's contract and the work that has to be done so through public work we reached out to Coastal today with the pictures that we received and um we asked them to address that tomorrow as well as being more careful with a pickup tomorrow we'll see but yeah if you keep us informed an email is fine we'll we'll route it and and bear all of those things in mind but this isn't going to be code enforcing on bulk pickup tomorrow as the collection is going on perfect yeah we had a mirror the the neighbor across the street from me had a mirror that's shattered in a thousand pieces that's lying on the street right now yeah so it's not just hey there's a couple branches I don't mind picking up a couple branches that's not a big deal but once we have stuff in the streets you know we had debris in the streets it it literally looked like a hurricane had G through the through the street so I appreciate you guys thank you thank you very much I appreciate it may yes go ahead coun like Madam manager do we always use Coastal the same vendor yes they were we always used Coastal they won the bid that we awarded what I saw cuz I was you know I'm I'm retired I can stay home see everything what I saw was a total disrespect for what's on the street during boat pickup that's what I saw they did not get out the thing out the truck and rake and finish the job they just simply came in a hurry did one or two uh grabs and kept going not at um not at regular speed but at what what you call that bul something speed they just rushed continuously through the village I was not happy at all when I stepped outside by the time they gave me uh notice that they saw me they turned the other way so they know what they're doing do we if if this is a contract right it's a contract they are hired by the county right no we they we hired no no no bulk pickup is a what it's a a product that we purchased through our you know through competitive bid okay good is the the regular waste pickup every week Twi two times a week and a quarterly bulk pickup that well I'm bold I called them I'm bold I called you should be you're paying taxes for that you should call this not only were they hurrying they were laughing uh um acting totally unconcerned that you're in a neighborhood and it upset mean because I've never seen such disrespect pick it up put it in the thing keep moving that's not V pickup there's a lot of stuff so when I saw it and I and I stood at the at the street corner while they're driving off when they saw me they turned the other way didn't even finish so I'm thinking the truck is full the truck was not full but they didn't care so I don't know what's happening I just know what you just told me it's the same company I did make the call I was told they would come back still didn't come back I don't have anything what they didn't pick up I put in the uh in the canister but it's it's not no how much we pay for that do you do you have off the head what we pay for boat pickup no it's paid through your your the the residents taxes okay so it's in the taxes so they getting their money that's that's a year 435 $435 to do the whole village oh no no no no that's what we paid in our taxes for non but look tax 2,700 people in this place so do the math that's a lot of money to do reckless work that's that's my that's my pet peeve period because I moved into the village when it was when it was clean and and kept clean but this foolishness oh no no no thank you Mr Mayor thank you very much appreciate that um our next individuals for uh good and Welfare just say your name address for the record if you're joining her um you can come to this Podium if you if you need to good evening I'm I'm kidi benedicto residing at 352 Northeast 89th Street thank you for this opportunity to be here um along with with our architect David Baker so I'm here in the hopes of seeking resolution on an eror of interpretation on the Cod on the village code as we're planning for our home expansion the code in question is the definition of lot coverage which according to the publicized code is the area of lot occupied by all buildings excluding structures such as Dex pools trellises based on our conversation with the cordino group our plans will be limited by approximately 500 square ft because our driveway and walkways are being included in square footage of lock coverage the C Neo group also agreed that the code is not clear which we heard earlier the sorry okay the house is uh 1100 square feet two bedroom one bath that we moved in 2022 the additional square footage is met is meant to meet our basic needs and Comfort the design was planned so that we continue to live in our existing home during expansion um simply for financial savings um and also designed uh for our parents so my fiance's parents as we're both not local so they stay for an extended period of time we believe this uh is unfair and unlawful practice with significant financial impact in the future we're not asking for a change in the code but honor honoring the code and we feel like the error is being is deiving us from best use and enjoyment of our property so I'd like to pass it to David to provide more context yeah say your name and address for the record for you oh it's not working oh okay sorry David Baker 262 glendel Drive good evening mayor good evening councel I am here to um try to rectify as my client said before what I believe to be an error in interpretation of Code by The Authority having jurisdiction appointed by this Council which is the Cino group in regards to what constitutes lot coverage this began okay um when my client hired me to do a design for an addition to their property I read the code carefully and I began my design along the way I had a doubt about a certain issue the placement of an auxiliary building so I wrote to the CM group and asked for clarification simp thing uh how what is the distance that I may have this Shed from the building the code says uh you know auxiliary buildings have to be 15 feet but is a shed considered an auxiliary building and they told me yes and I accepted this I said no problem but then they also told me please give us the calculations for your site plan because visually this looks like it does not comply and I told them this very much does comply I've checked these calculations over and over again the building lot coverage is at 40% they wrote me back and they said no you need to include the driveway and the walkways in the front I said I'm sorry but I I haven't seen this anywhere in the code and they said okay no problem um they wrote back and they suggested I have a meeting with the director of zoning which I did over zoom and again I I told them that I believed that they were mistaken that the lock coverage only means the buildings and then I asked them to please show me where in their code it is required to include these Hardscape items and they explicitly told me it's in the definition of lot coverage so we looked up lot coverage together and this is exactly how it read lot coverage the area of the lot occupied by all buildings excluding structures such as deck pools and trellises there's no mention of Hardscape I don't find this ambiguous I find this direct and clear I do not see how this can be interpreted any other way regardless the K Group told me that that is their interpretation and I told them I do not disagree I'm going to have to talk to somebody else they suggested I speak to the Village manager so I did I set up a village with the village manager my Cent Cent and the mayor and we met uh a month past by before we were able to meet and when we did meet again I read to everybody the definition of lck coverage just in case if there is any confusion building is also defined in the code so I read the definition of building any structure having a solid roof intended for shelter en closing of persons animals Catt properly equipment or process of any kind of nature excluding freestanding tents freestanding awnings and Cabanas Screen Enclosures building function sir I'm sorry to interrupt you problem how long do you plan to have your presentation be I'm trying to go as quickly as possible sir that's not my question sir how long do you two more minutes the the reason he's asking is because there's typically a three minute limit on these comments at this part of the meeting and I want you to also understand that the council is in good in welfare which means they hear but there's no action that could be taken by the council tonight I understand permitted to you know have be heard on something but your remedy to the extent there is one you can apply for a variance and that variance might be granted and that variance might be denied and you have certain appellant rights but at this moment it's not a matter before the council it's something that the council at this point cannot act on this evening if the mayor or a member the council is inclined to let you finish up for two more minutes that's their pleasure to do and that's their discretion but I want you to understand it's not like somebody could say oh yeah I agree with them and a vote could be taken on this understood 100% sir and mayor as far as whether he gets another couple minutes that's I mean you or any of your colleagues is entitled to to yeah no so so everybody knows me everybody knows that if it's good and Ware I've never cut off anybody that's first thing second of all I understand this but I think he's going pretty quickly and third of all for example this gentleman right here went way longer than three minutes nobody had a complain and he has three questions so we're just going to be fair thank you he thank you um so during the meeting with the mayor and the council okay uh this time the Caro group argued that they should be allowed to not just include the driveway and the sidewalks but all the permeable impermeable area into the lot coverage okay now this means that if you have a pool deck if you have any deck at all it's going to count into that 40% okay and they're saying and the reason that they gave is that it's not defined the difference between impermeable and permeable let me jump in let me jump in real quick let me jump in real quick real quick kind of like shape this so basically what I think so where he's going more or less so first of all you understand like you're explaining to us but like the the Scarlet's not here the planers aren't here um to speak for themselves so but we did have a meeting and let me just kind of sum this up and then I think they'll be able to understand what you're saying so what you're saying doesn't go in vain so we had a meeting and what came out of the meeting was the different information that they were getting and Scarlet in the meeting uh cordino said she agreed she said yes she said there are things that are in our code there are things that are ambiguity that's ambiguity and she said there's things that um is not consistent and so in that respect she agreed with them then she gave him the options she said well what you guys could do even though it's basically because of the non like the non-c consistency of the code but what you guys do you guys have an option where you can do a variance their argument was but if the problem is on on The Villages side where the code is not consistent or ambiguous then why is it that we have to pay $800 $900 for a variance if the code is not consistent so that's basically where we're at so they didn't want to do the variance and they're coming I think tonight just to as a council kind of like let us know what's going on and to try to say it's really not fair to them um because our code is inconsistent basically I'm sorry I'm sorry mayor that's that's not quite right uh I'm arguing that the code is very consistent it is very clear and it's very explicit yeah you're yeah because in the meaning you said that oh this is what it's saying right here but Scarlet was saying that she was she was able to interpret it in a different way and Scarlet was saying that the reason why she's to interpret in a different way is because the code is not 100% clear and consistent if you remember that in the meeting I do remember that but it is clear and consistent and I'll explain why okay okay we're speaking about three variables here one is building coverage one is green area one is impermeable in the code building lot coverage by definition is defined at 40% green area is defined at 25% if we have three variables and two of them are defined is very easy to figure out what the third number is it's the remainder it's 35% if if you guys adhere to this definition you're taking away hundreds of thousands of dollars of value from every single home in elportal if you adhere to this you're taking away millions of dollars from commercial properties can you imagine if somebody with a commercial property was AB was suddenly told that their Drive their their uh parking lot had to be considered part of the loot coverage when in the code it's defined as just the buildings it's it's Insanity yeah why why don't we I make a suggestion I'm sorry mayor is this gonna come before the council what let me well I'm going to let me let me let me hop on this on because he needs to register as a lobbyist he's lobbying for his client and that's the protocol well let me hop on this let me hop on this let me hop on this this is my solve everything because it's going to come down to the the decision of do you guys have to do a variance or not sure that's what it's going to come down to that decision so so let's do this let's do this because I can kind of see how things are going right now let's do this the same way we decided on the treat to day because this is the thing they've gone through their permits they've gone through all these things so this is like the last thing I no no you guys have going through that yeah so we did the right thing by asking um regarding the ancillary shed um and that's where this question came up or this issue came up um we would not be seeking for variance we've waited a month for this meeting the variance for my understanding is a minimum of two to three months um which we just don't have the time in luxury like we need my mother moved early next year um so we're we're just asking for clarification on the code um and we wanted to bring this attention of another code being unclear yeah so all right because this this is the way this is going to have to go um we're going to have to go through Planning and Zoning if if it's if it hasn't been if the permits haven't been done yet and we appreciate you asking the question we understand the month but it was during the holidays so right so that's the reason why the meeting took a month to to happen um we have to do it through panning and zoning and there we can kind of start to make those decisions with Scarlet with us about you know with the given information and the case that that's presented if they have to do a variance or not uh chairperson Martin okay but wouldn't we be deciding on whether or not to Grant the variance you want to have cuz Scarlet seems like she has uh already proferred a decision in this so I understand your certainty but it seems that the city staff um that is employed to do this is uh an opposition to what you're saying or has a different understanding of uh the items that you're interpreting so what exactly would we be voting on if you guys are unwilling to apply for the variance we would be voting on with hearing and I think maybe with hearing Scarlet in real time because Scarlet did say they can apply for a variance but Scarlet did admit multiple times in that meeting yes I can understand because the code is not consistent I can understand there is ambiguity yes I understand what you're saying because so she was saying all of those things she said but kind of at this point you you know you can apply for a variance and I think what they're saying is is that well before they move with that they want to go through a process to kind of present it to us so this would be this would appear as just a discussion item essentially well I think they want a resolution so so the resolution might be that what Scarlet says is fact and you need to apply for a variant so if that's the resolution doesn't that just push back your timeline that push back your I guess I'm just trying to really settle on your um aversion to following what we we will follow and proceed because we we just don't have the time in to keep waiting but I I do want to just bring this up to be an issue that it's unfair to the residents to be told that the Cod is this in the same meeting also told we I understand it's unclear yeah um in the same meeting I'm also told go ahead and apply for a permit and a little bit of see what happens I think we know as I go through this process with our architect and the construction company it's money we're spending for revision over and over again so I guess yes that is just a point I'm trying to make no I can imagine that that's frustrating it um and you know we we will follow what's said maybe I was hoping for clearance like you're right we'll follow what's said and um proceed no I I and I do want to say that I can imagine that you guys have a lot of like your expectations and plans tied up and like this one thing and it's frustrating to be styed in any way or to hear things that you're like hey wait that doesn't make sense so I get that and if that has happened on uh the cordino group's end then I think that they should explain why that wasn't more clearly communicated to you I just want to explain to you because I want to be clear to you having it appear on planning zoning as a discussion item it it might result in Expediting but it could also result in a further delay so then you would have to make that decision all I ever want to do is provide clear information so you can you know pick the path that fits best for you so there might be um um an agreement that your interpretation is correct however since the city staff that has been employed for this reason is going to maybe advise us um in a way that is different from what your architect is saying this might just result in a further um delay when you could apply for the variants have a hear the variant uh application at the Planning and Zoning meeting and then we would be able to vote on something a little bit more concrete for you so I just want you I just want to like package that for you yeah and just my last note knowing this information we would not have proceeded with our driveway so we went through the proper permit that was approved we just closed that in early October knowing that our driveway would would have been included um and so I I guess that's where also just the added layer of complexity and I guess frustration as you mentioned but I respect that and you know we'll we'll discuss and no worries and from this conversation what I take too is like we we need to figure out as the village a more comprehensive way to get an idea of what the complete plan is um for our residents so so that someone could have advised you a little bit more clearly or differently so I I get that um and then you'll just have to pick what the process is and and you guys did a good job zealously advocating for yourselves um and I think I think we're all aware of what the issues are and I've run the Planning and Zoning meeting so and I took your address down um so whenever we see you in whatever capacity whether it's because of that variance application or as a discussion item um I'm sure we'll all keep you in in mind and be very clearheaded about what the problem is yeah I think a good thing is that you know them coming here I think it first of all again you know kind of lets us know things that we need to work on um as a village because you know she may be the first one in this predicament that we've heard from but she won't be the last if we don't you know clean those things up and so just for our residents um know it it wouldn't be and and that's why I actually had a um um a meeting with the manager and uh and and the cordino um um in regards to permeable or material or or not and it was in reference to your driveway now I remembered cuz you um you didn't know you had to like bring it down to code right and uh it was permeable material that you did uh pavers on on on on Sand you did it on concrete so it's um see and that's the problem that a lot of a lot of new residents and I'm new to the Village moved here 9 years ago and and um the problem we having is like you said say uh said it earlier about you know climate change and um and and flooding uh mitigation that we're trying to do and um unfortunately uh the you know people that that are buying here in a portal um you're trying to maximize the lot coverage by building um you know building out and um and that's a problem and a lot of people don't realize that we they runoff is actually we're the last ones and the way the streets are designed are actually the water you know the rain water and everything to actually run off to the river and so the more we paved in the village the worse it's going to get for all of us especially for those closer to the Little River or the canal so um nine years ago um I was actually um it was of my concern because my street I'm on 89 Street in Northeast first um didn't get flawed or anything and this time around I couldn't even see the sidewalk so um it's it's time for us to be aware of what's going on and uh act and you know in a good way to um help others not to have that you know the issues with the floating and and and and all of that so that's that's what we try to uh we're trying to accomplish over here and uh that was one of the issues law coverage and uh and all of that so I'm I'm sure we are already working with you know getting the code straight up and uh making sure that's well inter interpreted and it's not you know um yeah in a way that is is is inconsistent or you know absolutely another way thank you very much vice mayor Pella thank you very much council person Martin um so just you know the the the way moving forward to save as much time is the variance process even with that process um so you need to speak with our village clerk about when that process comes like if you guys are able to put the variance in um by uh chairperson Martin's next pnz if they're able to get it variance in by your next pnz you would still have to come as a as a as a registered lobbyist on behalf of your client so speak to to uh clerk jacobe about that um if you can all right all right thank you very much all right anybody else good in welfare okay hearing seeing none before we adjourn just want to say Happy Birthday officer Rodriguez officer Rodriguez's birthday was yesterday I believe correct that's right my brother how old are you 16 you look like you're 12 years old that is a compliment you you'll like that as you get older ask myself a manager Lou we appreciate that and um you definitely do ever since they've told me that you look like the head coach of the Dolphins it you look more and more like the head coach of the Dolphins every day every day I see you I'm like there you go so it's there you go but happy birthday to you my brother and much love and respect and you know you always keep us safe and uh just be safe out there all right thank you very much officer Rodriguez are there any last questions or comments before I ask for a motion to adjourn hearing seeing none can you come up so there good in welfare still no problem come up say your name and address for the recordz how you doing good thank you thank you say your address for us 8700 Northeast Second Avenue thank you very much um what's happening with the project across the street from the duplex oh the site plan has already been approved they're cleaning out the inside and uh they're moving along are they going to demolish the church they're not they're not demolishing this church they're keeping the whole structure they're just cleaning up the inside and they're going to do multi- retail and it'll be yep it'll be uh some retail be cafes it'll be a restaurant on top offices oh cool second floor offices great thank you so much thank you all right thank you very much Miss Gonzalez how's your mother doing no condolences so sorry to hear that sorry to hear that sorry to hear that oh okay oh man um me Miss Gonzalez would always talk about her mother I had no idea do I have a motion to ajour uh move by council person life award do you have a second second second by council person bbom all in favor say I I I'll say nay hearing none the regular council meeting for Tuesday January 23rd 2024 adjourned at 8 is that 50 8:50 p.m.