All right, thank you everyone. So, let's go ahead and move on to our agenda. Uh, do we have any additions, deletions, or withdrawals at this time? >> Yes, I do. >> So, I'll start with the um
pull from consent agenda. Um, so I have Hello. Do you hear me? >> I can hear you. >> All right, great. Thank you. >> Um, I'll pull 10 A. I have a couple questions on that. Um, as well as 10B
and then I'll pull um the minutes October, November, and December. And then I had another item that I had submitted within my procedural timeline. So this is an ongoing thing that's happened. So I asked the manager
to confirm why were my items missed for this commission. I submitted them 10 days prior as our uh resolution states. I just need to understand why they're not here. Uh, Commissioner, I sent you an email in
response to your request. Uh, there was a an email sent out saying because of the uh the holidays, we were uh moving the timeline up. Um, I sent out a reminder on that day, the day of the of
the uh scheduled um uh submitt. And I also sent you a uh I sent it to all the commission a uh reminder on their calendar when the deadline was. And then I also sent you on that date a uh meeting invite to go over the draft of
agenda so we could review any of your items that you were submitting but you declined that meeting. >> So here's the thing. Uh so we have set resolutions in place and the manager as long as I understand it and you can clarify again that doesn't clarify why
the resolution was available. We have resolution in place establishes those deadlines. It's not for the manager to decide what item falls when. If it's early if it's late we have up to 10 days. And the prior month the thing hap the same thing happened. I didn't get
the opportunity to include my items. that were delivered a day prior to my deadline. And we had people come over and stage and during public comment say why were they taking away the opportunity to see that item before discussion happened which they are right to say and the same
thing happens this month. So what I want from the commission is the commitment that this is still prevalent. When I mean this I mean our policy. I'm honestly unclear as to what stage is
this just pretending me or is this just everybody's feeling I need to understand from the rest of the commission are we doing this in terms of is is this is this applicable just to me I understand the will of trying to be early for the holidays I totally I was traveling and
the manager cannot just send an invite for December 31st and say you declined it so I didn't have the opportunity to speak with you that doesn't work that way. We establish it doesn't work that way. We have procedures in place that doesn't say that and I hear nothing from
the rest of the DEAS. So I passed a a specific item related to cyber security. That item was delivered on time with background and none of that is here today.
And so that takes my opportunity as a commissioner to bring forth things I consider to be important and that had to do with deadlines of Florida statutes things we needed to have in place. So I just want to understand with the rest of the commission at least if the majority feel
that this is something applicable to all are we going to start letting the manager decide when the deadlines are because if that's so then come back with a proposed resolution to be changed and then you can do that. But I cannot be given a rule of games and then not be
followed. So I would like to hear it. Mayor, you're the one in charge of this um meeting. I want to understand what your perspective it is and I want to hear the rest of the commission so that I can decide if I keep the item without public
opportunity for it to be in reviewed because if I push it in today it would be a walk-on item again and it would not have the supporting documentation or are we going to put this on the next agenda? So, can I ask one question before I get
to the second question? Because it's kind of a two-part thing, I think, as far as the item goes. Um, would you want it to be walked on at this point with the without the backup? I'm just asking what your preference would be. >> My preference is that we follow the
resolution and it should have been here for everybody to see and everybody to comment on and you all have time to prepare. It's happened in the past. would have heard well we didn't have the time to review that uh opportunity you know the item in time so the answer was
no and that happened March last year it happened last month we're we're in the same spot so what I I planned on addressing that that second part of it of of the deadlines. So, um, but as far as the thing that's right in kind of immediately in front of us right now for
your item, do would you like are you do you want to ask the commission if we want to consider it now or would you want it before the commission >> what I want before doing that? So, sorry to interrupt. So, what I I'm asking is from the commission, is it important that we follow this resolution?
>> Does it it does it have a space today if it was delivered 10 days prior? If that's my sorry I don't want to >> no no I just want to understand because then we go into you know call in five minutes for me to speak and that seems to be okay. So part of our agenda
procedures is to allow time for you all to review these items and we set a time and that was 10 days I managed and I've said this to the manager in writing. It doesn't matter if you send me an invite without no one on the other side confirming it. Doesn't matter. I travel
too. I have my own responsibilities and I again guys for everybody that's watching for the first time YouTube I don't know who that would be but we do this for $2,000 a month I'm sorry a year >> right yes >> right so we all have our lives or
responsibility we said that before but here we are again so what I want um Mr. Mr. Mayor, to your question is before I can decide if it's going to be today or the next month, how important it is that we stay within our resolutions and I want the commitment from you all because we need to make sure that this applies
to the entire commission. >> Uh point of order. U Mr. Mayor. >> Okay. >> Um Mr. Attorney, do we have any way you can or either any attorney could bring up Mr. Attorney, could you bring up the resolution that toes in reference to
what the deadlines are? because I think we do need to I mean I've had this happen in the past where I tried to put stuff on and I've been told that I can't put it on because it's hasn't met the deadline or a backup. I I would like to hear Amsa's thing but I don't want to hear it tonight because it's unfair to her. Uh there is and unfair to the rest
of the commissions not to have a backup and the residents having a backup. We have to have a backup. Um I've had in the past where I put an item on and I got refused because there was no backup and the residents didn't get the chance to see the backup. So I, you know, I I want us to follow the resolution. Does
the resolution say who makes the decision on what the days? Is it the manager or is it the commission or is it already in the resolution? So I'd like to have that clarified. Please, if I can answer that without pulling up the resolution. >> So what the the resolution has a
specific time frame in which items have to be submitted. Um there is no provision in the rule as as far as discret that's that that's discretionary that's if the if the commission desires there to be sometime discretion put on
then you could certainly do that but the rule it's the the resolution that was adopted with regards to your commission procedures has a set date it's 10 days prior so all right Brad thanks um that That was I mean that was my recollection of the
resolution. Um but I didn't remember if there's any discretionary language but either way I think that this is >> uh there's kind of two parts to this point. Look if it if the resolution says 10 10 days then if it's there before 10 days then it belongs on the agenda. But I think what happened here you know I
think just >> the manager was asking say hey you know it's we have holidays coming up. We'd like a little extra time. I understand that. Uh I understand the request and and I look I I was traveling myself. I got myself my my item out uh because I wanted to give you extra time but on the
other side of that I understand too that the resolution says 10 days. So the resolution says what it says. Um so if it's 10 days then you know it belongs on the agenda I think. So >> thank you. I just wanted to get the confirmation that from the majority of the commission that that is important so that I we continue to you know stand and
and and and the policy that we set in place prevails >> right I and I understand that and I think that that if the that's what the resolution says then I think that the res you know the resolution governs um uh and I on the other side of it I I I I certainly understand you know a request
that the items come in a little bit earlier due to the uh due to the holiday but again the resolution still controls. So while I understand the request, I also understand that it was in if it's in for 10 days, then then it belongs on on the agenda. Sorry if some couldn't hear. Go ahead. >> Point of order, Mr. Mayor.
>> Yes. I think to solve this, can the can the resolution be updated that would say in the resolution about holidays? Because I understand what the city manager is saying about the holidays. That makes a lot of sense. But the resolution does say 10 days. So the commissioner did have her stuff in
before 10 days. >> Yes. I'm going by what she said that she had in 10 days. And we does the resolution have to be updated or can >> what can we do that we can put into the resolution? >> The majority wants to change the rules at any time. You can make a proposal and
a new resolution and leave it to the manager to set up any date he wants and that's fine but as of now the resolution stands and again I'm saying this is not the first time. So all I wanted was clarity that this commission feels
strong at least the majority the con that we're still following the same policy we have in place. >> Yeah because the holidays I mean that makes a lot of sense we have to have with holidays because the office is closed so there's nobody to get it. So >> yeah we tried that before we switched
back we tried holiday days we tried uh business days and we went back to calendar and that's that that's on Okay. So that's the resolution the one the attorney just follow. So uh with that say then Mr. Manager I understand why you would set those deadlines but again
we as a commission have set certain rules and procedures to be follow and I expect not to be the exception. So having that said it is not fair to have public again not see my item if it's a walk-on item and it's not going
to be fair to you to go through the document of two pages to so that you can provide feedback to it. So, I have no option than to push into the next agenda. So, that would be my first uh change to the agenda.
>> Um I but I'm sorry uh because the last one that you had, I didn't like the idea that it was a walk-on because I didn't get to see any backup and that's and I agree with this commission when they said you have to have a backup. I understand now why you have to have a backup because you can't answer any questions. When you had your item on the
last time as a walk-on, I wasn't too happy about that because I couldn't talk about it because I didn't know what the item was about. >> That's the intention of having 10 days prior. In that case, you had 11, but >> Okay. >> Exactly. >> So, if we if we need to, can we Does it have Mr. Attorney? Does it have to be to
fix that and to add that into the resolution? >> We just need the manager to follow the resolution in place. >> So, >> but holidays does make a difference. >> So, Commissioner, >> Mr. Mayor, if I will. >> Yeah. Go ahead, Commissioner. Uh I I completely agree with Commissioner Samary. I think that the last two months show us that this resolution has kind of
fallen short. I will definitely be putting a discussion item next month to look at this resolution and this and this rule and how we can accommodate both staff and commissioners as well. I think that uh that it 10 days is is a good goal, but I think when with holidays, especially when this year we
included, you know, Christmas Eve, Christmas Day, the day after uh Christmas as holidays and our business, it puts a strain on our our uh village staff to be able to to research and come prepared for these items. And I think that we need to be a little more flexible. So, I think a discussion item
is warranted at this point. So that's why I'll be submitting one next month so that way we can dive into this and figure out the best solution for everybody. >> Okay. I appreciate the commissioner and commissioner Samary. I think that that probably answers the question procedurally. We'll we'll put it on for discussion for next month and see if we can look at it and update it. But since
it's not really the item the discussion item itself isn't really before us right now. So we can't change the resolution tonight. But I think that's probably the best way to do it. So let's let's handle it that way. >> Okay. Thank you, Mr. Mayor. >> Okay. Thank you all. >> Okay. So go ahead. >> And I have one more item. So I had a
sunshine item included and I recognize that today we're switching officially potentially attorneys after the decision that was done last month. I don't want to welcome Mr. Herring into that uh being my first item that we have the opportunity to discuss today. I actually
am looking forward to sit down with you uh and have that conversation among us ourselves. Um, and so you have a bit of a context uh as to what that means. So I'm going to move that item to next uh month.
>> Okay. All right, Vice Mayor. Thank you. So I think I have all the notes for for the proposed uh changes. Um so are there any other additions, deletions, or withdrawals at this time before we move forward with the vote? Okay, hearing none. Um all right, so um do I have a motion to second to approve
the agenda as it's been amended? >> I make a motion to I'm sorry. Go ahead, Mr. Commissioner. >> Motion to approve. >> Okay, I second it. >> Okay. All in favor? >> I >> I >> I Okay. Um All right. So, let's move forward with our agenda as it's amended and we'll move on to our presentations.
It's my understanding that we have um our District 4 County Commissioner, Commissioner Steinberg, with us tonight. I can't see her, but I think she's there. I got it. All right, I'm here. Thank you. Um, I'll be brief. Thank you for having me here today. Um, I have a
ceremonial check presentation to present to Biscane Park, uh, the village of Biscane Park for $25,000. you've already actually received the funds. So, this is just more of a um ceremonial check and this was actually
dedicated for your planting of trees in the community. Um, you know, I come from a local government background and so it was important for me to make sure that at the county level we do partner with our municipalities and really listen to some of the needs in the area and so we
wanted to make sure that we could um contribute and so this is for you all. So um >> you thank you very much. >> Very much appreciated. Yes.
Of course, I said I know. I wish Commissioner Ryan and uh the mayor was in here to take participate in it. >> Thank you, Commissioner. Commissioner Steinberg, if you can hear me, thank you so much for your continued support of
our of our village and this commission and and you know, all the all the items and in the initiative. >> Yeah. Thank you so much, Commissioner. we so much appreciate it and that money will go to good use uh to replace some of the trees and build out our canopy in
this in this community. So, thank you again for your continued support and um everything that you do for our village. >> Thank you. >> Okay. Um so, that's the only presentation. Now, we did have a few proclamations uh that were set for the
earlier meeting. We were having some Zoom Zoom issues um for the the 5:45 meeting. Um, so if uh if it's all right with uh with the commission, I'd like to to have the proclamations read onto the uh onto the record for this evening. Uh
we have two. Uh the first one is for Give me a minute. The internet in the hotel room is a little slow. Our first proclamation is for National Law Enforcement Day. Um and I'll go ahead and I'll read the proclamation now.
So whereas the concept of having a police force has evolved through history from being part-time and privately funded to the first full-time publicly funded American police force in Boston in 1838. Whereas by the late 1880s all major cities had police forces to protect public order. Whereas there are
now more than 800,000 law enforcement officers in the United States. Whereas Biscane Park boasts its own police force employing 10 full-time, five part-time, 26 reserve, and three administrative officers, including two commanders and police chief who collectively make our village one of the safest communities in
South Florida. Whereas National Law Enforcement Appreciation Day, also known as LEAD, has been observed on January 9th since 2015. And those who observe the day spend it thanking police officers for their daily sacrifices made in their communities. Whereas turning on blue lights at home is recognized across
the country as a sign of support for LEAD. Whereas LEAD demonstrates that communities recognize the difficulty of police work and the and they support the police as they provide a critical public service. Now therefore, be it resolved that I,
Jonathan Growth, mayor of the village of Biscane Park, joined by the entire commission, do hereby proclaim January 9, 2026 is law enforcement appreciation day, and call upon the residents of Biscane Park to pay special tribute to our local police force by putting blue lights outside their homes, signs of support for first responders, and by
personally thanking our officers on duty. So, I can't see in there to see if the chief is with us and any of our officers, but certainly we very much appreciate all the efforts and all you do to keep our community safe um and all the hard work that uh that the police service offers to our
residents. So, thank you very much, Chief, and the police service of Biscane Park. Uh our final proclamation is in recognition of D Dr. Martin Luther King Jr. service day. Whereas Dr. Dr. Martin Luther King Jr. devoted his life to advancing equality,
social justice, and opportunity for all and challenged all Americans to participate in the never- ending work of building a more perfect union. Whereas Dr. King's teachings continue to guide and inspire us in addressing challenges challenges in our communities. Whereas the King Holiday and Service Act enacted in 1994 designated the third Monday in
January as a national day of voluntary service. Whereas since 1994, millions of Americans have been inspired by the life and legacy of Dr. King to serve their neighborhoods and communities on the King holiday. Whereas serving on the King holiday is an appropriate way to honor Dr. King, meet local and national needs, bring neighbors together, and
strengthen our community and nation. And whereas the King Day of Service is the only federal holiday commemorated as a national day of service, a day on, not a day off, and offers the opportunities for Americans to give back to their communities and make an ongoing commitment to service throughout the year. Whereas each of us can and should
contribute to making our community better with increased opportunity for all of our cit citizens. Now therefore be it resolved that I Jonathan Growth mayor of the village of Biscane Park, Florida joined by the entire commission do here about proclaim January 19, 2026 as Dr. Martin Luther King Jr. Service Day.
Those are all of our proclamations. I do understand uh that we do have one additional presentation this evening. Um, and it's a presentation um, for Brad and um, his firm in recognition of their service uh, as our village attorney uh, and the service
that they've provided to the village of Biscane Park for several years. Um, I understand that there's uh, believe we have a a plaque for presentation. Um, and uh, Vice Mayor um, if I could ask you uh, in my absence if you would please uh, do the honor of presenting it
to uh to Mr. Weissman for us. Sorry, I am officially uh presenting the plaque to um to Brad. Uh and I'll extend the thank you for the service. The firm has been with us for is it seven years?
>> It's five. >> Five. Five years. And um so thank you for all the work. >> It's been our pleasure. Can can we as a commission get a picture with that with him there and his city manager?
Thank picture taken, Mr. Mayor. >> Say that again. >> Picture taken. So, we have memory of it. Yes. >> Wonderful. Brad, I'm unfortunately not there to to thank you in person, but for everything that you've done for the village and for all of your service and
hard work, I I truly appreciate everything that you've done for us, and I would just like to thank you. >> Thank you. It's been our honor. >> All right, so I think that that concludes our presentations now. So, let's go ahead and we'll move on to our public comment. So, we'll open public comment starting with uh with folks in
the log cabin. Uh just as a reminder, public comment is limited to three minutes per speaker. Uh and please uh just make sure to provide us with your name and address before you speak. So, we'll go ahead and start with folks in in the log cabin. Uh, and then we'll move on to Zoom from there. So, the floor is open. >> I don't think there's no one want to
speak. I don't think so. >> I thank you, Vice Mayor. I appreciate I only have partial view >> of the log cabin. Okay. Um, all right. So, um, having uh having none in the log cabin that wish to speak at this time, I do know that there's at least one email
that that needs to be read under the record. Madame Clerk, uh that we received. But before we get to that, let's um let's see if there's anyone on Zoom that would like to to provide public comment. So, if there's anyone on Zoom, uh please raise your hand at this time. Going once, going twice. Okay. Um All
right, Madam Clerk. Uh again, I know that there was at least one email um if not more. Would you um would you please read that email under the record? >> Mr. Mayor, we actually have two. >> Okay, great. The first one is from Melanie Oliv Oliva at 590 Northeast
121st Street. Dear Commission and Village Manager, happy new year. My neighbor Vicki Casani informed you on January 8th that the Yellow Crown Knight herand have returned for the season and are now occupying the remaining
Australian pines on 121st Street and using the nests that are left there. She received a response saying that you will let North Miami know so the project can be delayed until after they leave. I'm sending this email
to serve as a public record and notice to the residents that Biscane Park has started the filling the filling of the trees should not occur until after the birds have migrated north. This is in keeping with the federal migratory bird
treaty act. Thank you, Melanie O Oliva. And then the second one is from Dory Zean, and it says to to me it sounds it's like saying after nesting season, chop away, which is so wrong on many
levels. They haven't even replaced the trees they've chopped down since 2022. Keep on keeping on, Dory Zean. And that's that's it, Mr. Yeah. >> Okay, Madam Clerk. Thank you. Uh, so we'll go ahead and close public comment
at this time. Uh, we'll move on to commission reply to comments, uh, if there are any. We just I do have one question. Uh, Mr. Manager, can we just confirm that we'll reach out to North Miami to to let them know about the the nesting birds having returned to those trees? >> Uh, yes sir, we've already done that.
>> Great. Okay. Um, so is there any other commission reply to comments at this time? >> Yeah, just briefly. Yeah, I just uh want to say that I replied to Melanie online on next door and told her that uh the the manager had told me that uh they had
uh told North Miami and that the project had been placed on hold during the nesting season. >> Okay, thanks Commissioner. Uh so if there's no other reply, let's uh go on to our reports. Um so uh our reports will start
with uh with the manager. Uh Mr. Mr. Manager. Um, would you like to provide your report to the commission now, please? >> Uh, good evening, Mr. Mayor, members of the village commission. Um, first I'd like to wish everyone a very safe and joyous new year. I'm looking forward to
2026 is all the projects that we're currently having in the pipeline. I'm looking forward to seeing the completion of these projects and with the help of the staff, I know we're going to get there. Uh once again, our strategic planning session for 2026 has been set for the afternoon of
February 13th and SA Saturday, February 14th. The planning session has been placed on the village calendar on the website. I have forwarded an email that I recently received from Mr. Herb Marlo to all of you that he would like to speak with you briefly before the
planning session. He's uh provided his phone number and contact information. If you could uh please reach out to him at your convenience. Uh this evening, as you saw, we had a check presented by Commissioner Seinberg for $25,000 for the plant of new trees. We had applied
for that grant back in October and we approved the funds have already been deposited in our account. Uh the new trees were replaced through our Australian pines that were removed. Uh we also like to announce that we have been notified on January 5th by the
Florida Forest Service, a division of the Florida Department of Agriculture and Consumer Services that Biscane Park was selected for $24,755 750 grant from the 2024 community forestry capacity grant program. The
village had applied for that grant grant also back in October of 2025. will have a year to complete the requirements of the grant. Um during this past month, the administration also signed out a close a closeout agreement with the Florida Department of
Environmental Protection for vulnerability assessment that had been completed and received. Uh we had received a grant because of the closeout um um papers had been completed. We had received the grant from the state in
amount of $85,600 for that project. Uh the check was received back in December. We are fortunate in the last year to get that project back on track. It was um it was uh we had missed some deadlines and we received this the money with the
assistance of our our consultant and also our um our um our our our our uh our assistants that are working on our grants with us. Uh tomorrow morning I'll be flying to Tallahassee the system mayor and commissioner Huntington and
our state lobbyist David Cassera to advocate for funding for our two appropriation projects for 2026 legislative session. As you're aware those two projects are the replacement the replacement of aging playground
equipment and conducting a study to convert homes within the village of Miscane Park from septic tank to sewer. Uh we also need support at the committee level and at the house and senate so that these projects get approved. Uh as
as commissioner Steinberg had mentioned um today is the first week of the session. So it's important to get up there early. The village clerk will be reaching out to each of you to schedule a date for a workshop for a presentations of uh website design.
We'll invite the top three or four website design companies to make a presentation before the village commission to narrow the top firms and then make a selection. As you recall, uh we had budgeted $50,000 for this project. Uh Monday, January 19th is a federal
holiday and the village hall would be closed. All essential service services, including waste collection, will operate on normal schedule. Uh Saturday, January 24th is movie night in the park. We're hoping for a great weather, so please come out and enjoy. It's a fun night for
the entire family. Food trucks will be available to provide snacks. Uh we also have variance applications that are pending. We'll reach out to the commission to determine the best date to schedule these before the next meeting or a different schedule date.
Uh finally, Mr. Mayor and members of the commission. Uh there's something that I need to say that I can no longer stay quiet. Uh staff knows that I've been meaning to say this for a while. Go Canes.
Mr. Manager, thank you for the report. Uh we'll certainly join you in in cheering on University of Miami in this uh upcoming national championship. um when you uh make sure when you come up here you bring that winter coat because it's uh it's chilly.
Um oh and I will say I this is for commission reports later but just on that quickly one point um our our presence up here is is is already been very well received and um uh this the the folks that I've spoken with so far over the last two days um remember us
from last year um and are looking forward to our our increased presence this year. So, um I think that we're going to be well suited uh to to bring to bring those appropriations home and we have a couple of very good sponsors. So, um so I'm I'm very encouraged. So,
um are there any questions for the manager on his report? >> Hearing none. Okay. >> Uh Mr. Mayor, Mr. mayor if you will. Uh the only thing I have is echo what the the manager said as supporting our University of Miami Hurricanes as they they compete for the national championship on Monday and uh concur
with you that it is very cold up here. >> It is. I arrived only an hour ago and the heat was not on the Airbnb and I I am we are pretty cold here but survive. >> Yeah. Yeah. And that cold's going to be following us back to Miami. Um okay. Um so let's go ahead. Are there
any questions? I'm going to move to these reports. is uh I'm just going to try to do this uh kind of at the same time. Um if there's any presentation for the building report and if not uh are there any questions about it before we move on? None. Okay. Um let's move on to 8C our
code compliance. Uh any presentation or questions about code compliance at this time? All right. Hearing none. Uh finance any questions? Any presentation or questions about the uh about item 8D, the finance department report?
All right. Um parks and wreck uh any presentation for our parks and recck department or questions about the uh the monthly report. Okay, hearing none. Um the uh police department report 8 yeah 8. Uh any presentation or um any
questions about the police department report at this time? Just I have one question on on numbers if you don't mind chief. Um quite an impressive uh report in terms of the amounts of speeding violation decreased to zero.
So I just wanted to be clear on what um period is this that you're comparing? We used to have 282 and now we're zero. And this is for what period exactly? >> This is November 15 through December 15. Am I saying it right? >> That's correct. Got it. Well, that
that's a congratulations to you and your team. >> Thank you >> for not writing uh speeding tickets for that month. >> Decreasing. I think it it means a lot of people are noticing. I see it all the time. At least in Griffin. I see your guys. I don't navigate so much
internally on on, you know, the lower streets. Uh people would say, you know, what they feel, but I think this is a testimony to the efforts of the team. So, I appreciate it a lot. I mean, these numbers are quite impressive. >> Thank you. >> Thank you.
>> That's all. >> Thanks, Vice Mayor. Thank you, Chief. Um, okay. Uh, our final department report is for public works. Is there any presentation or any questions about the public works department report this evening? Okay. Hearing none. All right. So, let's
um move on to our commission reports. Um, I'll just open it up to the commission on if anyone if anyone would like to get us started. I just want to say really quick, um I'm super grateful to you, Jonathan, uh to the manager, to staff, um for these grants that we've
been given. Um I'm certain that uh without all of your inputs, uh we wouldn't have gotten these grants. So, I'm very grateful for all of you guys uh for your efforts. Uh thank you for that. Yeah, we've been able to pull down quite
a bit of money over the last calendar year, just calendar year. So, it's it's and look, the the state the our state representatives and even even not our state representatives, our appropriations uh sponsors last year weren't even our our own uh district representatives. So, I'm very grateful
to their efforts and to to those that have helped with us. I will tell you, and I I think I said this last year, too, um David's presence, David Casserta's presence up here is is is really quite helpful. Um, we walk down the street in Tallahassee and people will stop and say, you know, how effective he is, how how good he is at
his at his work. He just he knows everyone and people are just willing to help him. So, um, he's done a great job. The state representatives have been helping us a lot. Um, Commissioner Steinberg's office has been so helpful. Um, part of my report, I didn't mean to co-opt it because I was going to wait,
but part of my report is, you know, is is an update from her office. Her office has just been so helpful to us. Um, I think the email went around to the commission, but uh, the update from Margie in Commissioner Steinberg's office is that the the the money was still in place um, that they gave to us
last year for the crosswalk on 107th. Um, and the design, the plans and the permitting have all been done and they are anticipating uh, I think finish uh, the completion of that that project on 107th by I think uh, August is is the
timeline. So that all that money is still in place. It's moving along. Um and and we are going to have that crosswalk there which I'm very hful happy very grateful to have because every time I cross that street with my kids on their bikes, you know, I wish we had it then. So I'm very happy to have it. Um Art, I I appreciate your
sentiment. Um and it's just it's a testament to how hard everyone works and how much support we have from from our community partners. >> Well, all that's great, but while you're there, can you get us some more money? That's the plan. I'm trying to pull down more.
>> Tell everyone I'm here like this. >> Um, all right. Any other commission report? >> Um, go ahead. >> Sorry. Go ahead, commissioner. >> It'll be quick. I just was part of the best practice conference. That's where the idea of the cyber security um item
came from. The meeting was extremely um informative. I met a lot of people. It was uh uh great to hear from other partners and you know community uh leaders on the challenges that they have and cyber security definitely um shake
my head as to um you know many things. So that's coming uh on the next uh agenda and the same thing I just wanted to highlight how I think it's impressive that we're getting this money and I'm absolutely in in in echoing here to what
Commissioner Gonzalez said. that I think without everybody's help here, um, this wouldn't happen and I'm very appreciative of that and to hear your update on the crosswalk. That was going to be one of my questions for you today. So, I appreciate that as well. Uh, and I that would be all for my commissioner's
report. I wanted to ask you before I forget, uh, mayor, if you had, um, if you were going to meet with, um, the rest of I I think some of the villages that were concerned about property tax and how the impact of that was going to
be I don't know if you did or you were going to that was all. >> Yes, good question. So, I I appreciate that and Commissioner Hunting, I'm sorry, I'm buttoning it again. Um, but I I appreciate you reminding me. Yes, we did have a meeting um just a few weeks ago. Uh Mayor Cava convened a a a
meeting with uh all of well all the the the counties of Miami Dade to talk about updates to property tax and and what the proposals were. Um I'm going to be very high level with it because you know we were there for a couple hours. Um but very high level at the time and things things are changing very rapidly with
the property tax proposals. It's my understanding there's let me back up. There was at the time there were eight different proposals um up here with the legislature on how to how to change property tax. Some that made some very very significant and critical changes
that would pretty negatively affect our uh Biscane Parks um budget and revenue from property taxes. And you know that was the one comment I I I do remember we we talked about this the last meeting. That was the one comment that I made when we kind of went around the round
cir uh the round table was that you know effectively you know doing away with property taxes um kind of destroys us as a municipality because 80% of our budget comes from that. So the the message was wellreceived um and I what I will tell you is that everyone is very sensitive to the fact that municipal services are
are very in large part funded by property tax. Uh and that wasn't just down in Miami date county. Um, you know, the county further went over, you know, how the county budget is would be affected by it, which, you know, certainly impacts us, of course, but more immediately, uh, a significant
change to property tax, it it completely does away with all of our money. There was no discussion, and I don't believe there's still been any discussion on how that money would be replaced, how that revenue is replaced for municipalities. Um, but again, as I mentioned, it's it's constantly changing, and as I understand it, I I don't know what's going to
happen. That's what they're here for session for. Um but I understand that the one of the proposals that's likely to make it out if any do uh would be far less impactful than we first thought. Uh that what will what is one of the
proposals that has getting a lot of support is an increase to the homestead cap rather than uh a change to how property tax itself is is levied. So it sounds it people up here even here in Tallahassee they're they're very aware that municipalities would be very
negatively affected by a significant change property tax. So it's it's lost a little bit of its muster I think in that respect. Um but yes so we had that meeting in the county. The county also expressed a sentiment to make that uh meeting kind of reoccurring either every
30 60 90 days whatever so we can continue to all get back together and share concerns and share ideas. Um, so it's changing, but there's, you know, there's there's going to be some sort of some sort of resolution, I think, during this session of how it's going to be
handled. Uh, the governor this morning, uh, during we were at the the opening ceremony for the Senate, we went to the opening ceremony for the House and the governor during his state of the state address talked about it again. So, it's it's queued up for kind
of a showdown. So, we'll see what happens. Um, but the county is very aware of of our Biscane Parks position. Um, and uh, you know, the state legislature is very very understanding of of how it would impact municipalities such as ours.
>> Thank you. >> I did have one other thing. Um, but Commissioner Hunting, go ahead. >> Thank you, Mr. Mayor. Uh, as the you might have noticed, I'm not in the log cabin tonight. I, uh, I already announced that I have traveled up to North Florida. I'll be meeting with the mayor, manager, and David Casera
tomorrow to uh spread the good word of Biscane Park and hopefully uh we can uh help move these appropriations along. Uh also announced that next month I'll be traveling to Washington DC where I have uh thank thank you Mr. Manager for helping me secure a meeting with Congresswoman Frederica Wilson. I'll be
meeting with her and also sharing her our story of Biscane Park and hopefully uh understanding the federal appropriations uh process and see if there's anything we can do. We work with her office for a federal appropriation. Uh so that that's something that will be coming next month. Um bear with me. I
did travel with my whole family. So if you hear a crying child or two, I'm sorry. They're in the background. Um and then I just want to congratulate the mayor, manager, and the village staff as well on these grants. It's super exciting time for Biscane Park. >> Thank you. Thanks, Commissioner. We're people
people are ready for us, I think, up here. So, it's it's, you know, we're gonna we're we're well positioned, I think, to uh to have our appropriation sponsored by the right people. Um there was one So, there was one other item on my report. I kind of been doing this
peace meal, so sorry. Um but I we are still on track to deliver kind of our our first I shouldn't say first. I don't know if it's our first, but in my understanding, our first state of the village address. Right now, one of the formats we're kind of looking at is is more of a modern format in in delivering
kind of an update on all of our departments, each each one, where they've been, what they've been doing, where our capital projects are, which ones are being funded. So we uh had spoken with um a communications um individual who had made a recommendation
that you know rather than making this an event spending money on an event for you know who knows how many people will be able to be in attendance um do it in a digital format and where we can kind of make it in in pieces and deliver that digitally you know via um via the
website u via the uh the app um through social media channels you know get it disseminated to as many people as we are able for the people that can't make it. Um, which I kind of like that idea. It's a little bit of a modern approach and you know, as the manager and I have talked about it, you know, our first time is is there's going to be some, I'm
sure, some bumps and and how we figure out how's the best to deliver such an address. But, um, I like the idea. I like the idea of kind of taking a modern approach to it and using the technology that we have to get the word out to as many people as we can. Uh I'd also um actually this came at the recommendation
of our our lobbyist you know he even recommended if we do it in such a way you know maybe we uh can uh present that that video an update on on where the village is and some of the uh some of the good things that we've been able to effectuate over the last year uh and where we're going from here. Maybe show
that video um at a commission meeting too. So have kind of an in-person kind of portion presentation of it, but at the same time record it in a way that's uh that we can deliver to as many people as possible. So right now that's that's kind of the plan. Um but we're still on
track to try to do that and I'm I'm looking forward to uh to to seeing how we can deliver it to our residents um so they can understand some of the some of the good things that we have going on at Biscate Park and especially some of the things that we've been talking about this evening. Um so that's where we are.
Uh that's all I had for the rest of my report. Um if is there are there any other reports at this time before we move on to consent? No. Hearing none. Okay. Um All right. So we'll move on to our modified consent agenda which by my count here I believe
is 10 C 10D. I think 10 C and 10D. I think the rest were removed. Um, so, uh, do I have a first and a second to approve the consent agenda as it's been amended?
>> I make a motion to approve the agenda. >> Okay. All in favor? >> I >> I >> I All right. So, those items are approved. Um, and that was what did I say? CN D, the interlocal agreement with
Miami date county are 20263 and 20265. Um, all right. So that means our first item up for our resolutions is going to be uh what was 10A. So that's resolution 2026-01.
Um Brad, could I ask you to uh please read the resolution of the record for us? >> Yes, sir. a resolution of the village commission of the village of Biscane Park, Florida, reaffirming and appointing um I'm sorry, and approving a memorandum of maintenance agreement with the city of North Miami for the medians
located along Northeast 121st Street from Griffin Boulevard to 10th Avenue, authorizing the village manager to execute set agreement and do all things necessary to effectuate this resolution and providing for an effective date. >> Okay, Brad, thanks very much. Uh do I
have a first and a second to move to discussion? >> Yeah, I make a motion to uh approve resolution 261 by affirm and approving. >> Thank you. >> I'll second for >> Okay. Um um All right. All in favor?
>> I >> I >> Okay. So, um Vice Mayor, I think that uh you would ask this one removed. You you had a question about it? >> Um yes. Just a quick one for the record. So, it's a question I asked the attorney before, but um my doubt here was why are
we not signing at 2026 uh and we have to go all the way back to 2019 considering this is effective as of now? Why we have to be uh retroactive in this case? >> Um Mr. Mayor, if I may respond.
>> Of course. >> So, um just so the background just a very brief background. So this was something that you all when I say you all the village approved back in 2019 you approved this me this memorandum maintenance memorandum with with the
city of of of Miami I'm sorry of North Miami um for whatever reason the actual the actual agreement was never executed by by the village. It was executed by North Miami as far as North Miami was
concerned. It was in full force and effect. However, for whatever reason, the village never formally executed it. Um, in conversations with North Miami as to how to effectuate this this memorandum and to bring it full force and effect so it's binding on on all the
parties. It was there was a discussion as commissioner or I'm sorry, the vice mayor suggested is to enter into a new agreement. That was not the desire of North Miami. They had the agreement already approved. They didn't see any reason for it to go back to their commission. Yeah. Um I don't necessarily
disagree with them. >> Yeah. >> So it was a matter of how do we formally get this um executed so that so that it's um fully executed by both parties. >> Yeah. >> Um the manager and I had a discussion about that. Um quite frankly we could
have t just brought it to the mayor with with with the minutes indicating that the resolution had been approved back in 2019 and had the mayor execute it. However, since either all or none of either maybe one or none of you were on the commission back in 2019 when this
was approved, we thought it would be more prudent to bring it before you so you're all aware of it and aware of the situation and ratify it as opposed to a re-execution. >> Perfect. Thank you. That that and I appreciate that that was done. So, uh, one of the questions I had for this item
was we did have expenses related to the removal of some of the trees in 121st, uh, which is our border. And at some point, uh, Mr. Mayor, I think it was either you, one of the commission, I don't remember who it was, we talked about having a negotiation about them
covering some of that expenses since we shared that this making it retroactive to 2019. considering the for what I read in the memo they are responsible for the removal of the trees and the treatment of the tree if I'm not mistaken is there
a way that we can go and try to access some of the money that was invested by the village by doing this work without obviously without us knowing since this resolution wasn't active >> that's a question for the manager >> yeah we did have that conversation with
the mayor in North Miami how I just for the life of me I cannot I mean, I I know we talked about the remaining trees and how I think they agreed to take uh to remove them when the time came, but if I remember correctly, I think they said that they
would they would be reimbursing us for what was spent on just for the trees on 21st. Wasn't that correct? >> Yeah. The um Mr. Mayor, if you recall, the mayor was going to speak to the manager. >> I don't I don't know if that was ever done or not. Well, I'd be happy to I'd
be happy to reach out to him and kind of pick that pick that thread back up because when we went >> my again my recollection was is that when we went um everything had kind of been put on hold so nothing was moving forward so we weren't asking them to remove the trees at that time u and then
you're right that they would be talking about it again my recollection was that he said it wouldn't be a problem let alone talk to the manager because in in in context uh what we were asking for was a very small amount of money considering how large their budget is.
But um yeah, I look I I we can reach out to to them and and figure out where we left off and get pick it back up. >> I appreciate that. Thank you. That that was my only um question. So I I'll I look forward to see what they have to say.
>> Okay. Um All right. Thanks, Vice Mayor. Are there any other questions about this resolution? >> No. >> Okay. Uh All right. Well, we already have a motion and a second on the floor. Uh do uh all in favor of approving uh the resolution? >> I >> I >> I
>> I Okay, very good. Uh I think our next one was um 10B, which is well what was formerly 10B, resolution 2026-02. Um Brad, would you be so kind as to please read it on the record for us?
Resolution of the village commission of the village of Biscane Park, Florida, approving the purchase of a Skagg Tiger Cat 2 52inch riding lawnmower from All Dade Lawnmowers, Inc. in an amount not to exceed $10,45122, authorizing the village manager to enter
into a purchase agreement with All Dade Lawn Mower, Inc. and do all things necessary to affectuate this resolution and providing for an effective date. >> Okay, Brad, thanks very much. Uh, do I have a motion, a second to move to discussion? Motion to move to discussion. >> I second it.
>> Okay. Um, Vice Mayor, I think this was uh uh one of the ones that you had asked removed. Um, >> yes. Just a quick one as well. So, I understand this is over the the limit. So, it it goes um >> uh the 10,000 um which would be the
bidding um how do you >> So, it Yes. So it's it's $45122 over your 10,000 limit which would require a competitive bidding well correct seal bids essentially. So what the manager is seeking >> it's approval. I understand
>> the waiver so that you can purchase the man there were quotes uh obtained three quotes obtained >> I saw that >> and um the manager is recommending the w both the waiver and the approval of the contract with this particular vendor as
being the most responsible um bidder. >> Perfect. So thank you. I saw that information and and appreciate it. So my question here is to the manager. So this is basically um so we need this because there is no other loaner that we have
working. So it's basically it's a must uh that we have in sufficient time to go through bidding and of course it's $500 over the spend >> question. >> Yes it is >> you're correct. >> Yeah.
>> Yeah. Yeah. So, so I'm saying that 451 I understand it's over the limit, but the way you're bringing it forward is because there is insufficient time and operational necessity. I'm trying to understand in the charter since you know what do you base yourself to bring forth now that it's $400 extra is because we
need it. There is no other one. >> Right. Yes, Commissioner. Uh if you had read the the uh cover memo, uh we you know we maintain the the mediums retain the u uh properties around this
building. Uh rec recreational center. Um there's a wide variety of properties we maintain. We have two others that are very old in the in our in our uh our in our fleet right now. So this would this
is a a necessary purchase item especially with the upcoming summer months ahead. So we need this. >> I appreciate it just for the context on how we um are presenting this to bypass the um bidding process. Um I'm okay with
that for move forward for approval. So I'll make a motion to approve. >> Okay. Second it. >> Okay. All in favor of appro approving the resolution. I >> I >> I >> I Okay. Uh resolution is approved. So
our next one I >> think are the the minutes E, E, F, and G. >> Um so I'm maybe this isn't the best way to do it, but um Vice Mayor, you can certainly just let me know. Um I'm just going to lump these all together. Uh if if that's appropriate. If not, certainly
just let me know. But um they're not by resolution. So uh I just ask you um give you the floor. So, so here on the October uh the minutes for October 7, there's some references as making uh changes and it
references November on it. To be honest with you, I I wasn't sure what I was reading. So, I don't know if it needs to be looked into again, Pamela, but there are mixed uh dates uh suggesting it's November when it's October.
Uh that's for the October minutes that was presented. Um and then for let me go back to my notes for the November agenda. Um this was a
sort of a back and forth we had. Commissioner Amsler asked why the item was before the commissioner. The commission manager children explained the process of obtaining three Brit bits. This was a conversation we have, if you'll recall, about the minimums uh
uh required for commission presentation. I just wanted to state for the record. It wasn't that I was um asking the manager to explain the process. I was asking why is it included as a a need for um commission approval and the
attorney made a clarification that it wasn't and I would like that to be on the record. um it didn't need to come for commission uh approval and that wasn't stated. So I want to make sure that it's there since this was a conversation that
I led. >> So Mr. Mayor, if I may, just as a point of um procedure. >> Yes, >> certainly. >> So just so the record is clear as to what we're doing with each set of minutes. >> Yes. >> Maybe the um the vice mayor can she consider she she's the one that pulled
the minutes from the consent. take one minute at one one of the minutes at a time. >> Yeah. >> And if there's if it's one is being pulled and and and deferred to a to a future meeting that we just make that announcement. >> Okay. >> If if another one is just a correction
that somebody that there's a motion to move the minutes to to approve them as amended, we would make that that motion would be made and and um and then voted on and and so it's clear as to what's happening. >> Okay. >> Okay. I I understand that. So I think and vice mayor I don't want to um
certainly take the words out of your route but I think with at least with the respect to the first item which is the October minutes um I were you referring to it's on page four I think it says that um items to be moved to the November meeting. Are there is there a
specific spot? Uh that that might not be the right place that you were mentioning uh November being referenced in the October minutes. >> Yeah, that's what I meant. So the motion by Vice Mayor Samarian and seconded by Commissioner Amsler to move
9 C and I to the village manager report the November meeting. It says here a motion by Vice Mayor Samar and second by Commissioner Amsler to move blah blah blah managers at the November meeting was made by Vice Mayor Samar and second by Commissioner Amsler
to vote 50. But that's a October report. So if that is just a change of the month I would suggest that's done. And then next it says, "A motion to approve the consent agenda was made by and it's clear there's nothing in it."
>> So I think this is probably more than just a correction of a >> That's what I'm saying. I I was going to suggest if you want I can have a one-on-one with a clerk and send it by email and then she can bring them back on the next agenda so that we don't have to go over one by one by one.
>> It's fine by me. I don't have an issue with it. Um I just ask for consensus among the amongst the commission for well that's for the October one. So let's go one by one to to to Brad's point. So for for that one to correct some at least those two items that uh vice mayor has pointed out. Uh does the
commission have any issue with um with the vice mayor providing the corrections to to the clerk and then bringing it back? >> No. >> No, I have no issue. >> Okay. >> Thank you. >> So that's good. Um, and then the second one, the November one, uh, that one again was a little bit more substantive
than just kind of a correction, uh, because it was a correction. It was more of a a description correction to a description of a discussion. Um, I think I mean, you've already mentioned what it was, but maybe you can just kind of put that into a narrative format to provide it to the clerk so she can add it to that section.
>> Yeah. So, what I want is clarification. So that was uh in the uh minutes uh there was a resolution and the minutes is 10 I resolution 202569. The comments are uh Commissioner Amsler asked why the item was before the
commission. >> Manager Childris explained the process of obtaining three bids for the item. So my point during that item wasn't to ask why it was in the commission. My item was why is it need a commission approval? Uh the manager explained that
that was uh within the uh purchasing power. He needed to bring three bids for approval and the attorney confirmed that's not what the the code specifies a code at you correct me um specify. So I just wanted to make sure that
clarification stays because I think it's important. >> That's fine. Um, again, I'll just ask for if the commission has any issue with um the vice mayor providing that information. >> There would be a motion to approve the the November minutes as amended as
proposed by the vice mayor. >> Yes. >> Okay. So, what Brad said, is there do we have a motion? >> I make a motion. >> Is there a second? >> Second. >> All in favor? >> I >> I
>> Thank you. Okay. >> And then there was one more. Where did my agenda go? I've got a ton of tabs open now. Uh the December one. >> Yeah, let me get to that one, please. >> So, on that one, Pamela, I just didn't know if you had um
made the point that I try to bring forward an item uh to the commission for during the December that was supposed to be within the deadlines. I would like that to be stated. It says add village attorney to village. So here
commissioner amlet request and move items 9 consent to the legislature and adding two walk-on items for discussion. I would like to state that it was in walk-on items were within the deadlines that I had been given and um that there
was a discussion about the deadlines. Please. >> So Brad can be the same >> the motion. Would you like me to state the motion, Mr. Mayor? >> Sure. >> Thank you. >> It's a motion to approve the December
minutes as amended um by adding the language that the vice mayor is asking to be inserted. I believe is in section four, second paragraph of the minutes. >> Correct. >> Correct. Okay. So, do we have a motion to do as Brad stated?
>> Make a make a motion on what the attorney said. >> Okay. Do we have a second? Thank you, Brad, for assisting on on that motion. Thanks. Yeah. >> And do we have a second? >> A second. >> Okay. All in favor? >> I >> I >> I.
>> That's it. >> Okay. All right. Thanks, Vice Mayor. Uh, so let's That takes care of the items that were on for the consent or that were pulled from consent. Move to resolutions. It seems as if I may have jumped the gun because that probably should have been under 12. So, my
apologies. But let's um let's go ahead and move on to our ordinances. Uh and our first ordinance for the evening, both are on second read. Uh our first ordinance for the evening is ordinance 2025-03, which is on second read. So uh Brad, would you uh kindly please uh read the ordinance for us?
>> Yes sir. An ordinance of the village commission of the village of Biscane Park, Florida, amending section 18.4 four permitted days and hours for construction work of chapter 18 construction of the village of Biscane Park land development code by prohibiting construction work to be
performed on federal holidays providing for inclusion in the code and scriveners errors providing for conflicts providing for severability providing for repealer and providing for an effective date. >> Okay, thanks Brad. Um okay, do uh do I have a motion? Yeah. I make a motion to
ordinance 2520 2025-3 construction holiday hours. >> Okay. Thank you. Do we have a second? >> Second. >> Okay. Is there any public comment on this ordinance before we move to discussion? >> Yes, there is.
>> Thank you, Vice Mayor. I can see I think I see Janie on the fringe of the camera there. So, but it's still hard to see. >> Yes, it's Miss Anderson. Jamie Anderson, 111 1905 Northeast 11th place. At the December
17th code compliance board meeting, we discussed this ordinance. Unfortunately, we were short two members that night. So, there are only total of three of us. Two of the members very definitely are supportive of this ordinance as written.
They're in favor of prohibiting construction on all federal holidays. They see it as a courtesy and that by doing by covering all federal holidays, things are simpler. They know that with the exception of Christmas, New Year's,
and Thanksgiving, I'm not in favor of the ordinance, and they knew I would be sharing my objections. Uh, I just feel strongly that the potential is that there will be a hardship for most do-it-yourselfers who are now down
to only one day a week that they can do any major changes on their home, any major projects and not even a Saturday if sat if Fourth of July happens to fall on a Saturday. uh if they're doing projects that need table saws, wet saws,
whatever, anything that makes noise and it usually is used outside, not within the confines of the walls, they can't do it. They're building a deck, a patio, fence, can't do it. And I would ask, I
know I know we've become frustrated with the level of development and the tearowns and the attitudes of some contractors, but my concern is that in that frustration, we are losing sight of
being fair to individual homeowners who are simply trying to make improvements. And I would also ask you to bear in mind code does not work on federal holidays. Therefore, it will be police time for any enforcement.
However you decide to go, I strongly urge you to list all holidays that you intend this ordinance to cover. My reasoning is that anyone working in private industry, a significant number of these holidays are not observed. So,
it's not going to be top of mind when you're scheduling work or planning work yourself to think about, oh, wait a minute, that's a federal holiday. And I'm a strong believer that every effort needs to be made on every ordinance to
make everything as clear and non-ambiguous as possible. I don't like seeing people learn things the hard way. So if if we make no other changes, at least please add those days. Thank you.
>> Thank you. >> Okay. Thanks. Um so uh let's go ahead and uh move the item if there's no further public comment. First going once, going twice. Okay. Um all right. So let's go ahead and move this item to
discussion. Um, can I Brad can I ask you a question on this? And I I think I know the answer, but um I'd like your your opinion on it. Is there any discernable way for us to differentiate between contractors and
homeowners? I don't think there is. But >> I I don't think so because then you're you're you're essentially what you're doing is you're you're treating two different classes of individuals differently, >> right? >> So who are performing the same function.
>> Well, and so that so yeah, I that's kind of what I figured the answer was going to be. And then also too, even if we were to try to define, you know, homeowner versus contractor, you know, a homeowner contracting the work out is still a homeowner trying to approve their home. But what about
>> I'm sorry. And I think you you you end up running into issues with enforcement just from a practical standpoint. Um because then you're going to have situations where okay, this is my friend that's that's doing this where it's essentially have a contractor that's doing it. So I I I think it there's an I
think you're going to run into enforcement problems if you try to make that different that um distinction. At any rate, >> yeah, and the other question that I have, I think it kind of falls within the same category of explanation, is >> if you start
if you start being selective on which holidays you're going to enforce certain ordinances, do you do you foresee any issue where you're granting preference to one holiday over another? And and that that's in the context, I guess.
I don't know. Let's start there. I've never seen that done, but I could see the potential of somebody raising a claim if why, you know, why is this allowed on on one particular holiday as opposed to another, especially depending
on what the subject matter of the holiday is? >> That's and that latter part of the explanation is is where I saw, you know, it become maybe potentially problematic. Um, you know, I I I understand and I know Janie, I know you've you've you
mentioned this to us in the past about, you know, about the enforcement and and you know, it's it's it's well taken and well heard. I I you and I appreciate the perspective. I just don't know that there's a way around it. Um, but I'm I mean, I'd be open to the to to the opinions of the rest of the commission
if there's if there's another way that the commission sees on trying to effectuate the change that we we mean to. and when we set out to bring this ordinance forward. >> Mr. Mayor, if I will uh to your first question, uh a homeowner if they're
building something under under the owner builder permit laws, they're in sense acting as their own contractor that they they take the rules and responsibilities of the contractor. They are the GC of that project at that point. So to me, I don't see a there is any difference
between a do-it-yourselfer and a contractor. If you uh if you take on that responsibility as owner builder, you take on the same responsibilities as a contractor has as well. Uh and for the for the neighbor who has to listen to the table saw, who has to listen to the wet saw, I don't think they really
differenti if a contractor's out there, they'd be annoyed just if a homeowner's out there doing it on a federal holiday. So I don't think that I see a difference there. I think that noise is noise and you're not going to really, you know, if if you would be upset about a contractor next door running a table saw on
Christmas, what's the difference if if your neighbors running the table saw on Christmas? You don't know who who's behind the saw. And it's it's all about the convenience for our neighbors. Uh, as far as difference between holidays, I don't see that because everyone celebrates holidays differently. A holiday that might not be important for one person might be important for
another. So, I think if you include one federal holiday, you have to include them all. Uh, to Mrs. Anderson's point about uh listing them. I think that is a good suggestion. I say we list them, but I would ask the the attorneys in the room if we can put something that any new federal holidays would automatically
be included in this ordinance as well because my only worry if we list them and then then we have a new federal holiday come in the coming years. We would not have we'd have to come back and make a revision to this ordinance. I'd rather have it automatically fold into the this ordinance.
Um, I'd like to I'd like to hear from our co-director on uh her opinion on this on the matter if that's all right. >> She's coming. >> Good evening everyone. Um, I concur with what Commissioner uh Huntington says.
It's very difficult to distinguish um who is a contractor, who's a property owner um from an enforcement point of view. Um the police who are the enforcers during uh federal holidays and weekends will be called out to noise
violations and they're not going there to look for a contractor or they're going there to look out for someone that's making disturbing the neighbors. So, we can't treat these differently. Noise is noise. Uh whether it's coming from um homeowner or coming from a
contractor. Um and again, with um code enforcement not being here during the holidays, this burden falls on the police. The police in weekends and federal holidays, they are dealing with
issues that would be considered more pressing, right? Is that the right word? um pulling them to these noise violations would really not be fair to them. And what he said about the holidays being
to I mean we generally say Christmas and and and New Year's are the major holidays. I mean I would say that for myself but the next person would say who their holiday is a different kind of holiday that holiday they respect is. So it's better to just have a blanket
federal holidays not allowed. It becomes fair for everybody. So we don't risk having someone coming forward and saying why do I have to respect Christmas and when I'm not a Christian? Why do I have to respect this holiday and they don't respect mine? So those are some of the
problems we may be able to run into. It's always better to generalize it. >> I I I concur. So, if we're being realistic, guys, um the reality is that our police officers are not code officers and they don't act as code
officers. They only react to um really uh noise violations. >> Correct. >> They're not going around checking people's roofs or whether you're doing construction or not. They they really don't they don't have the time, resources to do it, right? >> Um so, if we're going to do something
like this, it needs to be very blanket. uh very clear um as to what is allowed, what is not allowed, what days are things allowed, what days are not allowed. Um because the reality is that especi on weekends and holidays and
whatnot when you guys aren't here, uh code violations are not being enforced other than really noise violations, right? So, if we're being sincere with ourselves, we we we need to recognize that. Um, so I concur with you that the
reality is that, you know, noise violations are something that happens seven days a week. It's not just on weekends or holidays or or or you know, >> federal holidays. So, what we need to do is if we're going to do something like this and we need to be clear um and
concise like uh Mrs. Mrs. Anderson said >> uh where we need to be very specific as to dates uh when things are allowed and when things are not allowed but the reality is things are going to happen um and nothing's going to happen. It's just
like that cat uh that cat uh leash thing that we did that made no sense and and and whatever. Um it's another one of those things. So I don't want to do that. I want to do something that makes sense. Um, so I appreciate uh your input, Dorine, and
>> thank you. And respectfully to what the chair person for the board said, um, >> doing home work at home is not restricted. >> Nobody's going to stop that. >> Oops. You can do your tiles. You can do whatever you want to do. Work that's not
that don't need permits. People can still do it as long as they're not making noise for the neighbors. >> Yeah, >> that's all the time. >> Thank you. It it it's Thank you, Dorene. Um it's it sounds like, you know, the the most
prudent way to move forward at this time is to provide provide it generally with with uh this being effective on federal holidays. And to your point, Commissioner Huntington, yes, I I don't I don't see a I'll leave this to the attorney to provide the legal opinion,
but I don't see an issue by saying, you know, list what what is identified as a federal holiday right now. Um and then to include any federal holidays that are added to the official federal holiday list following the passage of the
resolution. Um so then again so it stays uniform uh and applicable to all federal holidays. Uh I think that if if what you know what what Janie has raised you know if if people if people find that they are
running a foul of it and it is creating issues then you know I certainly would encourage them to come let us know uh and we would revisit it but I don't know that we can forstall that that potential harm without knowing what the impact of this would be and whether that harm actually exists.
So it seems to me that the the prudent way forward at this point, you know, having heard from all parties concerned that doing as Commissioner Huntington has recommended would be best. So that would be my recommendation. Um and but I'd be again happy to hear from the rest
of the commission on that. >> I just have a question. So how how we get how did we get here? Again, if you can just remind me. So was this a requirement? who brought up the the the need to put um holidays uh you know
included within this section. How did we get here? Do you guys remember Brad? >> I seem to recall that the manager had highlighted that this is a common practice among other municipalities and that we did not have it on our uh as part of our records. But sorry, I think Brad, you were going to say something
and I completely interrupted you. >> That's right. I was going to defer to the manager. It was brought to my attention by the manager. So >> So Mr. manager, what what were were we trying to accomplish here? >> So So this this all came about because of a resident's complaint that uh we
actually found out what um we were uh got a call from a resident that it was was on a on a holiday that construction was going on. And we uh understood that um um we went back and looked at the
ordinance and the ordinance said they could they could work on on the holiday but they started uh construction at a later date. So the the perception from most of the residents are that no construction is allowed on on federal holidays on Sundays and federal holidays.
>> Got it. Uh so we we went back and we looked at uh surrounding jurisdictions and most of those jurisdictions uh especially in residential communities do not allow construction on Sundays and national holidays. And if this is passed
tonight, I think the the uh the best way to enforce an ordinance is through education. And we would there's not a lot of contractors. you know, we're small enough that we know who the contractors are, the general contractors are, the major project projects that are
going on, and we could notify them uh of an upcoming holiday and and let them know, remind them that there is no construction on on I'd say say this coming Monday, there's no construction allowed on this coming Monday. And of course, uh get the word out on also on
Sundays that there's no construction on Sundays. >> Thank you. So, so is is it um Darin, so for what you were saying um the is the complaint coming because there's noise or just because we're
looking at construction happening. I'm just trying to understand if a current ordinance related to noise would take care of the that issue. >> Yeah, I I'll answer that Dorine. So, it it's actually both, Commissioner. So there, you know, people are trying to
enjoy the privacy of their own home. And if you have trucks that are coming and going, they may not be making noise, but there it is disturbing their their quiet enjoyment of their home on a Sunday or a national holiday, you know. So it's it's
both. It's just not the the noise, but it's the ongoing uh construction, the trucks coming in, the act the activity, the uh construction workers parking their cars and and seeing that that it's not just it's not uh
something that you want to see on a on a Christmas morning. >> Okay. So, I I would return to the the the proposal um that we have to to adopt those federal holidays and and ask the
commission if there's any other there's any other consideration or any other uh any other proposal on that. >> So, I I specifically haven't heard of people coming forward at least with complaints to me particularly related to construction. I have many times um about
sound and noise and different hours and you know whether it was weekends or it didn't matter. It was just uh the construction that it came uh with it. Um so uh I I I don't know. I'm trying I'm going
around, you know, I think we're covered when it comes to noise for what I understand. Um, again, I haven't been subject to complaints from residents about seeing construction or trucks drive by them. So, >> Commissioner, the best people to speak
with are people who live next to a construction site, >> I'm sure. Yes, because they will have a lot to say >> and that changes, right? So, whoever doesn't have a problem today might have it, correct? >> Weeks from now. >> And brand new construction can go on for two years, three years. Some people have
had to live with construction trucks and noise and activity for seven years right here in this game park. >> I hear that's a very good point. >> Commissioner, though, if you think of the way our ordinance is written currently, uh any amount of construction is allowed on federal holidays as long
as they abide by the noise ordinances and the times uh concrete trucks can come and when when you have a ma major pour of a a foundation or a pool, you're talking five, six, 10 concrete trucks that come in and out on a scheduled basis. Uh can you imagine the uh the nightmare that would be for someone
hosting Christmas morning or no Buena? Uh these things would not be uh you know allowed in most residential neighborhoods. It's something that we've had an oversight for quite a long time and uh I think it's a great opportunity to clean it up because uh you know any
resident I think would probably have the perception that this is not allowed because it's not allowed in most municipalities. Um so for me uh I understand that we're covered by noise but the fact of the matter is it's open season right now. You can do any amount of construction you want. You can knock down the house next door if you want on
any any federal holiday. And that's that affects the peace and quiet of residents on these days that we should be observing. >> For me, for me >> I other cities have this and I think Biscane Park is smaller than other
cities. So if this is a acceptable no holidays and no Sundays in other cities, then for Biscane Park, we should even morally accept it because we're smaller. >> And so for this this I'm I'm in favor of this um that we have it because uh you
know there is our mediums are so small even during the week the construction is takes up so much and the mediums are being destroyed. So I think on holidays >> people need to take a time off. Yeah. And I mean, you know, they have to figure
>> one one last question on my and um so what municipalities were uh looked into to when we're saying comparable um cities or municipalities? Um >> we looked at all the surrounding
neighborhoods and then also uh um um Dorine. Yeah, the Dorine just gave me one this morning, this afternoon. It's from the um town of Palm Beach in Palm Beach County, and they they go even
beyond above and beyond. And they uh um put out a schedule of uh the hours so that you can work on on each day, you know. So, >> Got it. Thank you.
Okay. Um, so we have the motion that's pending. Um, so I I unless there's any further um discussion. Uh, I think what what I might ask Brad if this is just correct me if I'm wrong, but we could um
I guess as a commission ask that those federal holidays, current federal holidays be listed. So it it would basically be a vote to approve the ordinance with the amendment that current federal holidays be listed and and an additional item state that any federal holidays
that are added to the official federal holiday list following passage of the resol ordinance would automatically be included in the ordinance. Would that be would that be correct that we would be then >> I'm sorry can you repeat that? Um >> yeah sorry. So what you would need a
superseding motion to the to adopt the ordinance as amended with the amendment that 184.1.3 will list the actual federal holidays that exist under the Federal Register as of the date of the adoption of the
ordinance and include any newly adopted federal holidays that or any newly designated federal holidays adopted by the federal government. >> Okay. Um well, Commissioner Huntington, since it was your idea, do you want to to make a motion?
>> I'd like to make a superseding motion as to, as the attorney just stated, to include any federal holidays on the National Register and any new federal holidays that might be listed, listing out the current federal holidays. >> I'll second it. >> Okay. >> Can can I add something to that before
we move to vote? >> Sure. Um, so I think it was an important thing to note that this is about education. This could be impactful for those people that don't have necessarily the the complaint about construction around them and they foresee that they
have an ordinance related to noise that they would call code or the police uh for um can we make sure we spread out the idea of this passing? I think the education component is huge and so we
need people to be aware that starting today effectively if we pass this uh that's in place. So I think um if we can just uh you know it's not part of the ordinance but I think um as the majority uh direct the manager and staff just to
provide that communication I think it would reinforce um you know the objective here. >> Yeah certainly. So, um, Mr. Manager, if if you would please Well, I know we need to vote on it first, but assuming that there's there's a majority to pass the
the ordinance as it's been amended. Um, if we could make it um a priority that we that the village uh pass the information on to the residents um that that the the construction days have been have been modified through the land
code. >> Mr. Mayor, I I I think I was the one that brought up the uh educational component. We'll make sure that we follow up on that. >> Very good. Okay. Um All right. So, we have uh an amended motion from Commissioner Huntington, and I think uh Commissioner Samaria second it. So,
Madame Clerk, uh would you please call the role on the um on the amended motion, please? >> Mayor Gro, >> yes. >> Vice Mayor Angel, >> yes. >> Commissioner Gonzalez, >> yes. Commissioner Huntington.
>> Yes. >> Commissioner Samira. >> Yes. The item passes on second reading as amended. >> Thank you, Madam Clerk. Okay. Um, our second and final ordinance of the evening is uh ordinance 2025-05,
which is also here on second read. Um, Brad, would you uh please be so kind as to read the ordinance for us? >> And I I I shall. And just so we're we understand this is also going to be as amen I'm going to ask that it be um
adopted as amended in the third to last whereas clause. It indicates that um on November 3rd of 2025 the village planning and design review board sitting as the local planning agency for the village held a hearing on this proposed ordinance with due public notice and
input and recommends its adoption. That is not accurate. They did not hear it on November 3rd. Apparent they heard it on January 5th of of this year. So I would ask that it if if if somebody makes a motion to approve it that they do it as
as amended. But I'll read the title now as >> okay. An ordinance of the village commission of the village of Biscane Park, Florida, amending section 4.4 four community residential homes of chapter 4 housing of the village of Biscane Park land
development code by establishing procedures for the review and approval of certified recovering residences and creating a process for requesting a reasonable accommodation from any land use regulation that serves to prohibit the establishment of a certified recovery residence in accordance with
section 387.487 487 subp paragraph 15A Florida statutes providing for inclusion in the code and scriveners errors providing for conflicts providing for severability providing for repealer and providing for an effective date.
>> I make a motion uh advised what the attorney said uh to approve ordinance 2025 recovery homes. >> Okay. Uh the motion is uh for the ordinance as amended as requested by the attorney for the date. Um do we have a
second? >> I'll second. >> So we have a second. Um is there any public comment on the ordinance before we move to discuss? >> There was comment from the board. >> Okay. >> Land planning agency. >> I don't know. I don't know if you all
have it. So maybe the clerk can read it into the record or the manager can. Yeah, Mr. Mayor, if I could, um I was at I was at the planning board meeting when um this was discussed and it the board voted five zero to recommend approval of
the ordinance uh with just uh comments that they had made u uh concerning the ordinance. But u uh they were just the the one comment the first comment was the use of term and disability. uh they felt that that was broad and written as
as written in the ordinance. Since the ordinance is slowly for certified recovery residents, we recommend the verbiage be changed and limited to the disability of addictions as defined by the ADA. With the with broader and general use of the term disability, we
are concerned it will open the door to other forms of disabilities applying for reasonable accommodations for our LDC for other types of community residential homes, CR facilities. The state statute is clearly directed for certified recovery residents. We feel the language
within this ordinance should be limited only to the to that type of disability for clarity. Uh their second comment was that state statutes already limit the location of community residential homes to be no closer than 1,200 ft from another CR. We feel this language should
be added reference to our ordinance to reinforce or and clarify the state statute for this and future boards considering these applications. >> Okay. Thank you, Mr. Manager. Um, okay. So, uh, let's go ahead and move to
discuss, um, the the the recommendations of the board, Mr. Manager, um, they're not included in the current version of the ordinance. Is that correct? >> No, that was just their suggestions. As I said, they passed it 50 with just
suggestions. >> Okay. Um, >> Mr. Mayor, I might be able to address some of those. I I >> Sure. Um, so the ordinance is specific to recovery residences. And if you look at the definitions of a recovery residence, it's a residential dwelling
unit, the community housing component of a licensed day or night treatment facility with community housing or other form of group housing which is offered or advertised through any means including oral, written, electronic, or other printer means printed means, excuse me, by any person or entity as a
residence that provides a peerupported alcohol-free drug-free living environment. Um, so this the the ordinance in in conjunction with the requirements of the statute that was passed by the legislature in the last
session deals with alcohol and drug facilities. It doesn't deal with any other facilities other than facilities that treat those disabilities or afflictions. Um, so I'm I'm not really sure where the
board is referencing the or where they're asking for a clarification of of disabled. I know there's a definition of a disabled individual or person in the ordinance which is defined by by statute, but I I'm I'm not sure I'm not sure I'm kind
of confused as to where the the concern is from the board with regards to that issue. And there you already have an ordinance that references the sighting of community homes in general. So, so what
the board is talking about is the sighting restriction of distance is already contained in Florida statute and is already been adopted by by the village code, the land development code and referenced in there. So, um I mean
I'm not sure exactly what the clarification is that the board is asking for. >> Well, it sounds I mean it sounds to me Thank you, Brad. I I I appreciate the context. I mean it sounds to me like the items that they'd highlighted in their comments are are addressed just through different avenues that are already there
kind of included. Um so in in at least in effect it sounds to me like those concerns are are addressed through the the definitions that you just you just highlighted. Um, so I mean that sounds like at least
from my perspective, you know, I'm satisfied that there is some limiting language uh through Florida statute and through the definitions of the terms that we're discussing. Um, so I don't know that there's any further need to to kind of um be redundant and and further narrow
them twice or potentially offer differing definitions uh than those that we already have. Um, so you know, I don't I don't see much. I I look, their comments are well taken and I appreciate them kind of digging into the the substance of it, but again,
it sounds to me like that that's already addressed in in those items that you've highlighted. Uh, so I I don't know that there's really any need to further delineate those terms. So I would be comfortable pass especially since they've also voted 50 to pass it. You know, I think that all those issues are
addressed. Um, but certainly, uh, you know, I'd open up to the rest of the commission if there's any other questions or or or comments about, you know, what we've just heard or about the ordinance specifically before we move to vote. Not okay. Um, okay. Well, I I appreciate the board's um input and their take on
it, and I I certainly appreciate the information, Brad, that kind of helps offer a little bit of clarity to the issues that have been highlighted. So, um I guess at this time if there's no further discussion then I would ask the clerk to call for a role. >> Mayor Gro, >> yes.
>> Vice Mayor Anler, >> yes. >> Commissioner Gonzalez, >> yes. >> Commissioner Huntington, >> yes. >> Commissioner Samra, >> yes. >> Your item is adopted on second reading 50 as amended. >> Thank you, Madam Clerk.
Um, okay. So, let's move on to our uh section 12, which is the the final two resolutions that we have on tonight's agenda. Uh, the first is item 12A, resolution 2026-06. Uh, Brad, would you be so kind as to please read onto the record for us?
>> Just lost my agenda. Give me one moment. I'm sorry. >> Sure. I tend to jump from one into the next a little bit quickly. >> I have it. I'm prepared. Um, a resolution of the village commission of the village of Biscane Park, Florida, approving the third amendment to the legal services agreement between
neighbors Giblin and Nickerson and the village of Biscane Park, authorizing the village managers to do all things necessary to effectuate this resolution and the third amendment and providing for an effective date. >> Okay, thanks very much, Brad. Do I have a motion and a second on the resolution?
Yeah, I make a I'll make a motion to approve resolution 2606, third amendment to legal services agreement. >> Okay. Is there a second? >> Second. >> Okay. Um so um uh let's go ahead and
move to discussion then um for for the benefit of the commission. Is there any any information or any background or anything that wants that that Mr. manager that you would like to provide or I see we have Andrew here with us. Um if there's any information that uh that he would like to provide for the item
before we discuss M um Mr. Mayor, I'm going to turn it over to Andrew. He who has uh had been assisting us on both this this resolution and the following resolution. As you know, we had brought him in to uh assist in this process.
>> Perfect. >> Thanks, Al. Um Andrew, thanks for being with us here this evening. >> Thank you very much, Mr. Mayor. Um, so what you have before you here, um, and I'm going to talk about 12A and 12B because they're kind of companion items. Uh, you can't terminate your village
attorneys the contract without having another village attorney. So, if you're if you're going to be be voting yes for 12A, I highly recommend voting also for 12B. Um, but let's go ahead and go through this real quick. So, first of all, I'd like to thank uh, Mr. Weissman, his firm for their professionalism
during this process. U, Mr. Haron, I know I congratulate him uh publicly for taking on uh the honor of being a village attorney for the village of Biscane Park. Um so just briefly uh the resolution is to approve a third
amendment to the agreement with neighbors Giblin um as well as the Viscane uh city of Viscark. So what happens within this agreement is several things. one is it was back I believe over the summer there was a
discussion and an increase in the amount that was budgeted for the village attorney and that amount was up to approximately $125,000 per year actually I think it might have even been more than that uh neighbors Giblin comm October 1st started billing that new amount however there was never
it was never formalized so what this amendment does is it formalizes as of October 1st 2025 the fiscal year for which the additional amount was approved that new rate. The second thing that this does is as of January 16th, which is this Friday,
Neighbors Giblin will terminate uh their uh services as village attorney. Um they had a 60-day notice period, but they went ahead and waved that so that way the village would be able to transition to the new attorney in January. Now, on January 16th, they will become what's
called transition council. And during that time, they'll still collect the retainer uh fee for the $10,416 for the month. And Mr. Weissman is will be assisting Mr. Heron in the transition, turning over files, answering questions, passing along institutional knowledge. Now, one other
thing that is in here, um, oh, let me just touch section 3. Section three was there's a few outstanding invoices. That's going to be closed out um by uh the effect of signing this amendment. not that they were held for any particular reason, just they have not yet been paid and that was to resolve
that. Section four of the uh the agreement what it does is it provides that if there's anything after the transition period and the transition period for the for everyone's knowledge um is at the end of this month. So uh come February 1st if there's any
additional services requested by either the village manager so Mr. Childris or the village attorney Mr. parent of neighbors giblin will result in um a fee or the the hourly rate of $225 per hour
being paid. Um this is because if there is additional work that needs to be done um rightfully so as was requested by neighbors Giblin they should be paid for that work. Now, the village cannot be built if a resident calls or a commissioner calls um the uh Brad or
another uh person of this firm because the only two people that can request the services are the village manager uh or village attorney. So basically what I'm telling you and I'm I'm pretty sure Brad will tell you if you call him after January 31st is uh to direct your
question to the village attorney or village manager because those are the only ones at that point that could trigger um that fee. So that is what occurs um on February 1st. Uh other than that u what happens is as of like I said
January 16th neighbors Gibbon will know and Brad Weissman a long village attorney. Now, the companion item to this is in 12B. So, I'm going to talk about both. Yes. >> Can I just make one comment before you go on to 12B, just real quick? >> Sure.
>> And Mr. Mayor, if I may. >> Um, and just so it's clear. So, because I know there was some concern about the the request for the the hourly rate past the transition period, if if a if a commissioner or a member of a residence
reaches out to me and asks me for legal advice with John Herren being the village attorney, it would be an ethics. It would be a basically a bar grievance for me to give any legal advice. So, we have the the firm has no intent to continue representation. the provision
has solely been added. So in the event that either Mr. Aaron or Mr. Childress require any services from the firm that we're more than happy to provide those services or whatever research it might be, but we just believe it's appropriate for us to be compensated for that
>> which in in most contracts and in most situations and in fact in talking with Mr. Haron about the relationship of neighbors Giblin uh and the village. Um it's something that he even suggested uh would be transition council during that
time through the end of the month and once again only after transition council uh period ends which is January 31st as Mr. Weissman said what would happen is if only the village manager or the village attorney requested requests legal services of Mr. Weissman or his
firm. That's the only time where that fee uh that hourly fee will come into effect. Now, uh Mr. Mayor, may I address the companion item to this, which is the agreement for village attorney legal services between the village of Biscane Park and Fox Rothschild? >> Yes, please.
>> All right. So, the next item that you're going to have before you in 12B is the agreement for village attorney legal services between the village of Biscane Park, uh Florida, and Fox Rothschild. So the sum and substance of this is this is
substantially the same as what you already had with neighbors Giblin. The only difference is it's in a more formalized format. There's a few things that are added in there specifically relating to Florida statutes such as E-Verified public records, those sort of
things which protect the village. Um of some requests that were from Mr. Heron. uh one is that it specifically identifies who can direct the village attorney. That was not something that was previously identified in other agreements, but it makes sense in this particular situation. The term of
disagreement is for 3 years um and it can be renewed for additional terms um with a writing signed by both parties. So it's not like 3 years and you only can renew twice. It's three years and then in three years time the village commission can determine what they want
to do next. Um, one thing to point out is the pay in this, the compensation is the $125,000 per year, which was which was what was put out in the scope of work that was agreed to by Mr. Heron. Um, that's a monthly installment of the $10,416
for legal services. Um, on January 1 of 2028, the request of Mr. Heron is that, so this way he doesn't have to go back before you and ask for an increase um, each fiscal year. is that on January 1 of 2028, which would be the start of the
third contract year here, um is that the annual flat fee retainer amount will increase by the consumer price index or 5% whichever is less. And to the extent that the village renews the contract after this final contract here, um he
would have the ability, and it doesn't say it in here, but this is just a way, you know, contract negotiation. he will have the ability to negotiate um either a higher rate or something similar to that. Uh the excluded services are the same, the included services are the same as neighbor giblin. The hourly rates are
the same um as the neighbor giblin. Uh the only other thing that changed in here, like I said, and I'm just looking through it to see if there's anything that can jog my memory. There's one thing related to perspective waiver of potential conflict but um Fox Rothschild
and Mr. Heron did agree that this the village through the village manager can wave any potential conflict of interest um only with informed consent. So that just basically means the the extent of the conflict has to be disclosed to the village and then what it will happen is
the village manager will make a determination of whether or not the conflict will be waved or not. So that's the sum and substance of the agreement with uh Fox Rothschild. Uh Mr. Heron will become the village attorney as of Friday and his term will continue for
three years and the contract can be renewed. Um other than that, Mr. Mayor, I am open to any questions about these two items. >> Excellent, Andrew. Thanks very much. I appreciate the context and the the detailed explanation. It's helpful. Um I know you you covered both. Uh right now
we haven't we haven't read the the following resolution just yet. Um so I want to take this you know piece by piece obviously. So I I'd like to ask the commission if there's any discussion items on the resolution that's been moved before us which is 2026-06.
So um I'd ask the commission at this time if there's any uh any discussion or any item they'd like to raise on that resolution before we uh move to a vote. >> No. I have um a question. So um Andrew,
sorry I can't see your last name, Mr. Dunill. Um I just have a quick question. So in the contract from um Brad's firm, uh currently there was a termination clause. It was uh require I believe was 60 days notice. Is that correct?
>> Correct. >> So um we didn't execute that clause as a commission. So I'm wondering so who's proposing this to be waved and get into this agreement? Who who who kind of
pushes this forward? I I want to understand who's who's making the motion for it to happen today. >> The conversation. So at the last commission meeting, there was direction um given to the village manager which was then given to me to begin the negotiations with Mr. Heron. In
conversations with the village manager, it was identified that uh Mr. Har would like to start as soon as possible. I spoke with Mr. Weissman and Mr. Weissman uh confirmed with his firm that they were willing to wave the 60 days uh notification period for termination and
entered into this third amendment to legal services agreement. Like I said at the beginning, I thank Mr. Weissman for his professionalism. Um that is part of the professionalism both him and his firm. Um you know they're both stand he's a stand-up guy and that's a standup firm. So that's that's that is how uh we
ended up with this third amendment and the waiver of the 60 days. >> Got it. And then my so second question would be are there spec any specific changes to the scope of work one versus the other that you can highlight
>> the scope of work uh from Neighbors Giblin to uh Fox Rothschild is the same. It just is in a different format. Um so you are aware when the contract was drafted it was drafted with the scope of work that was put out by the village
manager which was the same as neighbors giblin. So the excluded services as well as the actual services provided are the same. >> Okay. >> Oh yeah just for one for um and I had this conversation with Mr. Aaron. Um
just want to make it to public. You don't need the 60 days is acceptable. Meaning cutting it short from 60 days. You don't need to uh um >> Commissioner Commissioner, >> you are. Yeah,
>> Commissioner Samaria. Uh yes, we did have that conversation. I think ultimately as uh um your special counsel just stated um this is um uh an agreement between the u village and
neighbors Giblin to wave that time period. That is certainly the uh uh ability that both parties have the ability to do that as I understand and as has been explained and that as I understand that has been agreed to by Mr. Weissman and his firm.
>> Thank you. I just wanted to make that for the record that we had our conversation about. Thank you. >> All right. Um, first of all, I want to thank um the attorney that helped us. I'm sorry. Uh, what was his got his name? Andrew. Andrew, thank you so much
for your assistance um during this time. Um, really appreciate your input and your help with this. Um, I'd like to make a resolution. I mean, I'd like to make a motion to approve um this as as uh we're talking about 12A at this point, right? Or 12A?
>> 12A. Yeah. 2026-06. >> 12A has already been There's a motion on 12A already. >> We have a motion on 12A. Yes. But we haven't voted on it. >> Okay. You made a motion. Okay. Well, I'll second that motion then. >> Some somebody made a motion. We have a second. So, it's in discussion. So, at this point, I'll just ask all in favor
of approving resolution 2026-06. >> Yeah. >> I I >> I >> I >> I >> um and to echo um the commissioner sentiment, um John, appreciate your work in getting up to speed so quickly, uh
Andrew, thank you very much for your help in assisting us get to this point. And um I know we still got 2026-07, but um and Brad, again, I know we already we already talked about it, but um I I very much appreciate the the professionalism and the hard work of of
you and your firm because um your firm has has helped us and represented us in the past, too. So, uh again, just reexpressing the sentiment in gratitude. Um, okay. So, I know, um, Andrew discussed a little bit for us the next
resolution, which is 2026-07. Um, so, um, Brad, would you mind reading, uh, resolution 2026-07 under the record for us, please? >> Resolution of the village commission of the village of Biscane Park, Florida, approving the legal service agreement between Fox Rothschild and the village
of Biscane Park, appointing John R. Heron as village attorney effective January 16, 2026, authorizing the village manager to do all things necessary to effectuate this resolution and the agreement and providing for an effective date. >> Okay. Thanks, Brad. Do I have a motion and a second to resolution?
>> Yeah, make a motion to approve resolution 2026-7. >> I'll second it. >> Okay. Um I know we talked about this a little bit already. Uh but is there any other uh questions or discussion on the resolution before we move to vote?
hearing none. Okay. Um All right. All in favor of uh approving resolution 2026-07. >> I >> I >> I um All right. Great. So um resolution is approved and uh John to you and your firm Fox Rothschild certainly we say
welcome and um congratulations congratulations in joining us as our new village attorney. Um >> Mr. Mayor, >> certainly looking forward to working uh working with you and having here having you here with us. >> Thank you,
>> Mr. Mayor. I just uh if I could just take a moment to thank Andrew. I think um I we all see the value that he brought to this process and he made it very smooth process and he this is the first time I worked with him. He's very professional attorney and um I just en
enjoyed every minute that I worked with them and thank you very much again, Andrew. >> You're very welcome. It it's been uh it's been once again for those of you that may know a long time ago, probably the last time I was down there before this was 2018. It was an honor then, it's an honor now. So, it's always a
privilege to uh work for this fine village. Thank you very much. >> Thank you. >> Thank you, Andrew. We appreciate the help. >> Thank you. >> Um All right. So, uh that's our final resolution for the evening. Um so, let's go ahead and we'll move on to um well,
we don't have any old business, so let's move on to new business. I know it's been amended uh that I think my item was was the last one remaining. Uh so I don't intend to take a whole lot of time uh with mine. Um really this the discussion item is is just something that that's I've been thinking about for
a long time and communications is a very broad issue as we all know and we've tried to attack it in so many different ways. Um, and I think that starting from the top down because I think that we can we can always strive to improve our communications uh with with the
residents and with the community. Um, so I think that there's still a lot of work that we need to do there to really refine our process. But I think one of the things that we've been lacking and this has come up in several different uh several different um contexts is um is something that vice mayor I know that
you've mentioned many times and I know communication is something that you've talked about too. um is is a b a procedure a standard procedure that we have you know uh and a guideline for communications how our our village communicates with our community and you
know this comes from this really comes from an area where I know that municipalities certainly surrounding municipalities and and members of not just Miami date county but I'm sure all over Florida have these these standard um standard operating procedures these
you know it's it's codified it says Exactly. This is how the v the municipality communicates. These are the channels. This this is the individual who's going to disseminate official communications. And this is um kind of underscored by I don't know if anyone
else gets them, but you know, I get communications from other municipalities here in Miami date county. And I'll just use again this by way of example, not for any specific reason. Um, but Palmetto Palmetto Bay. I I get regular communications
from Palmetto Bay. I don't know how I get them. I don't think I ever signed up for them, but I get them. Um, and it's coming from an individual within Palmetto Bay. And this is how you know that it is an official communication of the of the town of of Palmetto Bay. And again this is also underscored by you know certain other areas where it would
be helpful for us to know who is communicating uh to residents uh for which issues um in and you know what messaging um you know they're I guess going to to understand is this is the village of Biscane Park telling me this and and I think about it a lot in the
context of emergencies. Um, I know we started talking about that last year, uh, when we opened up that kind of that emergency communication or I forget the name of it exactly, but that when the emergency
something is activated, um, that there's going to be messaging that follows. So, you know, when we're going into hurricane season, I think about, you know, how are we as a village and who within the village is going to pass along those official communications for the village to our residents to say,
"These are the weather reports. This is where you can get your sandbags. Uh, these are the evacuation routes. The the the rec center is going to be where, you know, you can um you know, seek shelter." Uh I know that that's sort of tra may not traditionally but I I think that maybe the managers the manager has
kind of taken that up in in those sort of scenarios. Um but I think it might just be helpful for us to understand who's doing it. In the other the other context that I think in I think I may have mentioned it in here um but I wrote this a couple weeks ago so I don't really remember um is like uh you know
when when certain things happen within the village when certain uh you know staff or employees in the past have been placed on administrative leave you know I know that um you know news channels or media is reaching out to us we say well how do we respond you know what what what do we say what can we say what are
we allowed to say who's communicating with the media on behalf of the village to provide an official statement Um, and I don't I don't think we have that. So, I'd be interested in saying how how do we set this? And let me be very frank upfront. I don't know what the answer is. What I'm interested in
doing and the end goal of this item is to ask that our attorney and um and the manager give provide to us the commission kind of a sampling of what our surrounding uh municipalities have in place for these sort of communication
efforts. So we can say you know is this something that fits us? Can we utilize this? Can we mirror this? Can we deploy it in a way that makes sense for Biscane Park? Because there again, you know, this is something that we regularly do when we're looking to effectuate something in the village. You know, we
look to our neighbors to say who's doing it well and why are they doing it well and how can we not copy that but kind of emulate it, use it as as as inspiration to say, um, this is how we'd like to do it. So, this isn't terribly fully
formed. Um, but that's just kind of the background. That's like the thought process of where this comes from. uh and that I again I don't have a formal proposal as to how we should handle it only that um I would ask the commission for your opinions on it and if you're interested in in moving forward in the
way that I've recommended ask our our you know our village attorney and our village manager to look at our surrounding municipalities and say how are what do they have for standard operating procedures for communications and how we can we try to leverage that to make uh communications better here in
Biscane Park. So that's that's all there is to it really. Um I'd be happy interested in hearing from the rest of you, but that's that would be uh where I would see this going at least as of now. >> Thank you, Jonathan. I appreciate you bringing forward that item. Um I do
think it's important. And I think we spoke about it with every manager we've had and um there has never been one solid system in place which you know we're kind of jumping back and forth on the same topic. So I agree I think it's uh for an opportunity to look what works
you know best uh practices in place and and then see what can be proposed based on that. >> Yeah. No, I I agree and you're right. We have we've talked about it several times and I know there's been transition, you know, to different managers and, you
know, I just I I I it's it's hard when you know, we we lose a thread and it's not, you know, certainly not by intent. You know, it just happens. But you know this communications is an important piece and you know there are many facets to communication and you know starting from the top down and saying how can we how can we set ourselves up to be
successful in the village to be successful and then how do based on you know a procedure that we have what system best fits that procedure and maybe it's the app and maybe we keep doing it but that's I think that's a communic I think that's a process that comes after that when we we decide what's our procedure look like. So I I
agree with you and I I appreciate your comments vice mayor >> Mr. Mr. Mayor, if I will, uh, I did a fair amount of research of this a couple months back and I and when you brought the item, I was excited because it's it's a topic that I brought a couple times before is an overall communications plan. And doing that research, I found out you you mentioned
our neighbors. Uh, what some of our neighbors have done in the past that they brought in communications firms not to run the show, but just to help formulate that commun communications plan. Uh, they look at what our what our staffing model is. They look at what communication is necessary, what's
industry standard and what's a realistic approach for a village of our of our size. Uh there's municipalities close to us have already done this. Uh I think that none of nobody in that room or or anywhere else is a communication expert and I think bringing in an expert can
can show us what what maybe what we're missing, what we're doing right and what we can do best. Uh, I think that for the, you know, the small investment that comes to get to a professional level, uh, I think is is imperative. I I don't think that we're ever going to, uh, fix
this without having some an an expert look at it and and come up with a plan that works not just for now, but for the future. >> So, can I ask I appre and I appreciate that. I appreciate you took the time, um, commissioner. So, maybe this is kind of a twofolded approach then. Maybe one
is one is asking if if the manager and the attorney can look at what other procedures exist for municipalities surrounding us and because ultimately that's what they would have adopted after going through the process. Now it's not lost on me that you know maybe they were maybe that was through the benefit of a professional service. So
maybe as part of that um you know speaking with those surrounding municipalities too to say well who did you use and how effective were they? Um because that's like I I find that to be the best way to vet you know potential you know vendors or professionals that are going to help you is say you know how what's your experience with this
with this firm and I remember you know I remember um when we were looking for a group to help us with the manager search you know having spoken with like Miami Lakes for example and saying well what was your experience with this group you use them you know tell me the b give me the benefit of your understanding and um it was just helpful to hear some real
world experiences so uh knowing that some of them have used that that would be that would be good information for us to ask those groups to say well who did you use and what did you think um so I look if that's if that's the way they went um and that's a potential I'm kind it's like kind of open to all options on
the table um uh because if that could be helpful for us then that would be that would be tremendously helpful for the village >> um let me just say that um when I when I got here 10 years ago and I think the Andersons uh can attest to is um the way
we communicated uh during a crisis was uh pinning uh letters to trees, right? That's what we used to do back in the day. >> Um I don't think that that's probably the best option at this point. Um, so
having said that, I think that one of the reasons that we brought in a manager of Al's capacity and are paying him what we're paying him is um because he should uh in theory have some of the answers to some of these questions. I'm not I'm not
looking to hiring anybody at this point. Um unless Al says that he doesn't have any suggestions or he doesn't have a clue, which I doubt that's the case, but um we're paying Al a lot of money um to uh to perform this job. Um and I and I
would welcome his input on um what he would suggest or what he can gather uh with the help of the attorney um to uh you know for proper communication during uh during times like that. Um so that's my uh two cents on the matter.
>> I appreciate that. Thanks. I >> I I agree with that. I I think that the city manager does have that experience. we are paying him a lot of money and um you know hopefully he's got good judgment and will let us know if he can't do the job. Um so I I I don't think we need to go with an outside
firm. I think that this you know city manager with his experience um and the amount of money we're paying him uh can do the job and hopefully he'll tell us if he can't and he needs outside people that his pride and his ego will go out the door.
Thanks, Commissioner. I So, I mean, I I certainly agree with what everyone has said. Um, it sounds it sounds like there's um consensus to to ask the the manager and the attorney to look at this for us and, you know, provide us with some updates on on what we're seeing
with surrounding municipalities and and that's either something that they have in place, some written procedures, but also, you know, open open to the idea of of what Commissioner Huntington has recommended. But I think I would leave it up to the two of them to say, "Could you look at this for us because we're interested in formalizing this?" Uh, and
I think it's something that the village could really use and and really need. So, uh, with the commission's uh, approval or or consent or agreement, whatever, um, I I'd ask the attorney and the manager to work together to do just that and bring those things to our
attention. Um, and hopefully hopefully by next month um because I'd like to to try and get this thing moving so we can make some progress as quick as possible. So, uh, Mr. Manager, is that something that you could work on the uh, work with the attorney on for us, please?
>> Um, Mr. Mayor, as you know, we we already had an initial conver attorney and I met with you individually and already had initial conversation on this. So, we already are in the uh uh Genesis uh phase of it. We're we're
going to move forward. I don't know. I think it's going to take a little more than 30 days. Um Mr. Mr. mayor. I think that's uh unrealistic, but uh you know, we'll we'll get with each of you to make sure we have a clear understanding of
the direction that you uh the five of you wish to go in and then proceed from there. >> Perfect. Well, I would very much appreciate it and I'm really looking forward to to moving that item forward. So, uh again, it sounds like there's consensus to do just that and sounds like we're we're
starting to make progress. So, um, that was the, uh, that was the solution that I was hoping to get out of the discussion item. So, I don't really have anything further on it. So, I I appreciate the commission listening and providing your input and and and I'm thankful to the attorney and to the to the manager to helping us. So, if
there's nothing else on the discussion item, I think that's our last item for the evening. >> Mr. Mr. Mayor, >> Mr. Mayor, if I may be >> Yeah. >> Well, I think to commissioner um, Mr. manager, could you basically I know it's on the website and all of that, but for
the public, could you tell us the two, you know, things that are coming up in February because I know we have uh Yeah. If you can just tell us what's I know there's about three items coming up in February, right? Commission meeting. >> You're talking you're talking about the um strategic planning session. >> Yes.
>> Which is on the 13th and 14th. >> Just wanted to let >> half a day on uh Friday the 13th, which is not an unlucky day. >> Yeah. And that that was the day that I said that I couldn't make it. And you said that you would try to see if there's another date, right? >> There is no option for another date, then
>> I can make it. >> Okay, great. And then that that's a half a day and then a full day um on Saturday the 14th which will go to approximately 3 p.m. Um, and then we also have the um
our movie night coming up. Um, which is a uh we're hoping that we don't have the weather that we've had the last and then there will be beautiful skies and everybody will come out and I'm sure it's going to be a very successful day. Uh, uh, day that begins. Uh, it's
important you get there about 700 p.m. I guess. Seating starts at 6 o'clock. Uh and that's uh Saturday 24th of uh January. >> Excellent. >> Thank you, Commissioner. Thank you, Mr.
Manager. Uh Brad, were you did you have something? >> I have Yes. I have one last matter for the commission. >> Okay. Pursu pursuant to Florida statute section 286.0118A, 0118A. The village attorney is requesting the advice of the village commission in a
closed dooror meeting to be held on February 3rd of 2026 at approximately 6 pm or as soon thereafter for the purpose of discussing pending litigation in the matters of Christopher Castro versus the village of Biscane Park which has been filed in the US District Court for the
Southern District case number 25-CV-21837-B and Lewis Cabrera versus the village of Biscane Park also filed in the West District Court for the Southern District. Um, case number 1 col25-CV-21452-KM. The estimated length of this closed door
meeting will be approximately 1 hour. >> So, a shade session. >> Yes, sir. >> Okay. Um, would we would the commission be interested in trying to maybe start it? I'm I'm wondering, you know, only about
setting it at 6 PM since that's when, you know, our commission meetings, like our public meetings normally start. Maybe we would be better off trying to set it at 5. I know I normally start at 5:45. >> You you can't do that. You have to open the shade session has to be opened at during a public meeting. You'll be
required the the village has to provide public notice prior to that date. And Mr. Mayor, you will have to during a open meeting, you will have to close the public meeting and open the closed door session in order for it to be in
compliance with Florida law. >> Understood. Forget what I said, Ben. 6 p.m. it is. >> So, and that's why the language is 6 p.m. or soon thereafter. So if you start the commission meeting at 6 6 pm, you can take preliminary matters if you want
and at some point during the commission meet the regular commission meeting on February 3rd, you will you will basically adjourn the public meeting, open the closed door meeting. I'm sure Mr. Herren has the language for you. If not, I can provide it. Um where you'll
announce essentially you'll reenounce what the purpose of the closed door session is. you will announce the individuals that are going to be present during the inside the closed door session. If you're going to have the closed door session here in the in the in the chambers, you would basically
have the public um would have to have to leave and only essentially the only individuals that are present during the closed door session are this collegial body, the village attorney, the village manager, and the outside council that are representing the um the village on
those matters. I'm sorry. What What's the date on that? >> That's that's the day of the of the commission meeting. >> It's on the day of the commission meeting on your February 3rd commission meeting. >> So, we're going to have a closed door session on commission meeting day. >> Your only other option is to have
another public meeting at another time to open and close the clo the to open the closed door session. You cannot you can't just have a closed door session standalone. It has to be open during a public meeting >> and then we close the door. I'm sorry.
>> And then we close the door >> to the public then we close the door to the public meeting. >> I'm I don't understand any of this. So explain this to me because I'm concern we're closing the you said closed door meeting, right? >> Closed door meeting. It's called a shade session. So you under under the sunshine
law you're allowed to have certain meetings outside the public purview. >> Okay. >> Um >> but it has to be open. >> No. >> Okay. >> So it's closed. The public's not going to be here. The only individuals that'll be in the session, >> okay, >> are all of you, >> y >> Mr. Heron,
>> Mhm. >> the the village manager >> and the attorneys that are representing you and I I got it, John. And the court and a court reporter. Okay. >> Taking down a verbatim um record of what's being said. >> Okay.
>> That record is sealed. >> Okay. >> Until the litigation is over, it's concluded. >> Got it. >> The purpose of it is so that you can talk strategy sessions. >> Okay. You can talk about potential settlements if if that's what needs to be discussed. You you don't vote on the
settlements. You don't come up with a number. You're giving guidance to your legal representation. >> Okay. >> As to strategic decisions and potential ranges of settlement. >> Got it. That's and and then once the litigation is over then that record this
is the reason why the court reporter is there is the record becomes a public record for for the public to see. If there were to be some type of settlement that ultimately is reached at a later time you would have to approve that settlement at a public meeting open to the public. So essentially it's it's
called a closed door meeting. Yes you and to your point you are going to close the doors. So you but you can't you have to initiate the closed door session the sage shade session excuse me you have to initiate it during a public meeting so
we ask for it only the village attorney can ask for it so I've asked for it at a public meeting so that the public is aware that we're having it and when we're having it your clerk is going to properly notice it so that they're aware the public is aware that you're having this closed dooror session and then at
some point during the commission meeting or whatever public meeting it is. So, if you wanted to have a workshop and try to do it during a whatever you're doing. Yeah. >> But what will actually happen is the mayor will then announce that we're going into a closed a closed dooror shade session to hear these matters and
he'll identify the matters just the way I did on the record. >> He'll identify all the individuals that are going to be present in the in the in that session including the court reporter and then he will ask the members of the public if you're going to do it here. Yeah. Yeah. >> Like a lot of times what depending on
facilities what what happens is you move out of that room and into another room and do your shade session and then back in. >> Yeah. >> So if you have that facility that you can do that you can village hall or whatever. But if you if you're going to do it here the shade shade session then yes you're going to have to ask whoever
is in in the audience to please leave for the purposes of the session. So they can come back in at the conclusion and then the mayor at the conclusion when you open back up the public meeting the mayor has to announce that the closed door session has been has been concluded and that you're now opening reopening
your public meeting to d deal with your public business. >> Okay. So now I understand. So, it seems to me that it's probably not a good idea to do it on the commission night on the night that we have a commission meeting. Um, because, you know, historically this
can take 30 minutes or this can take five hours. I don't know how long this is going to take. I I have no idea how long this is. This We have two things pending. Correct. >> Shut off my mic. >> Yeah. Go ahead. My understanding is from speaking to outside counsel it'll
probably be somewhere between 30 to 60 minutes. >> 30 to 60 minutes each or 30 60 matters total. >> Both matters. >> And it's the same people talking about the same thing. >> You have the same the same outside councils. It's it's lawyers from Weiss Serota >> are representing you on both matters.
>> Got it. Okay. Well, listen. I'm I'm I'm fine either way. Honestly, I don't I don't care if we want if you if you all want to do it on the night of the commission meeting or if you want to set a special meeting, I'm good with that, too. Whatever you guys want to do is fine with me. >> Mr. Mayor, if we're uh going to be
scheduling a workshop for the website design, could we possibly schedule it on that night as well? >> Can the Let me ask Brad, can we can a shade session be set on the same day as a workshop rather than a special
agenda meeting? I I've never seen it done that way. Um John, I I'm going to I've never seen I don't think so, but I've never seen it done that way. >> To if if I may to add to what uh uh Brad
has said, you you do have to open it at a regular meeting. So you would have to schedule if you wanted to do it on the same um day that you had the workshop, you would have to notice the workshop and then notice the separate meeting to
have the the the public meeting to then open and close the shade meetings, right? The only item on that agenda would be the consideration of the two shade items. Uh but because of the quirk of how the state statute reads, they
would have to be two separate notices. The notice for the workshop and uh the notice for the public meeting where the shade meetings are going to >> there's one other r there's one other wrinkle too. So, if you're going to do it on a different date, so this
announcement that that I just made will have to be made again at another public meeting unless you know the date now as we sit here because you have to announce the scheduling of it at a public meeting. So if if if you're going to put it if if it's not going to be because I
was told it was going to be done during the commission meeting in on February 3rd. If you're going to schedule a workshop at a later time, then understand that um Mr. Heron at a regularly scheduled public meeting will have to reannounce his request to have a
sage session to discuss these matters because this had to be done at a public what I just did at a public meeting. >> Can I'm sorry. So, can we just uh uh mayor, if if we can just confirm who's available, I'm available for February
3rd at 5:00, which is being it's what's being proposed. Am I correct? >> What what um Mr. Weissman proposed was 6:00. What I would >> Sorry, 6:00. Yeah. >> Is in in my experience, how I is you can have a it earlier if you want. It would
just be advertised as a public meeting a for let's say to start at 4:30 or 5:00 and then you would still have your second notice of your regular council meeting. Yeah. >> Uh starting at six or as soon thereafter. >> I'm I'm perfect with that. Yes.
>> That's how I've seen it done. >> It it I've I've done it both ways and I believe that you know as long as you announce it >> Yeah. and you notice it uh in accordance with the statute, you're in compliance with the statute. >> And we also do we also do the
presentations at 5:00. So we can do the presentations and then have it right after the presentation. >> We do we do the proclamations at at 5:45. >> Yeah. But it's over. >> We we could we could start at approximately 4:30 if that works for
everybody and then uh and advertise it for 4:30. And I I would suggest that we uh we not do it here. We do it, you know, go over to the uh and into into city into city hall and just do a
conference room and kick everybody out of there instead of closing this here. >> And if I may to address I think the concerns that Mr. Weissman mentioned is you can also just you know it can be the regular the not the regular meeting. You
would just start it earlier, adjourn it, and pick back up and say that in your agenda. >> You'd explain that that that's how you're going to do it. So, you can take a 20 minute break to allow the public to come back in.
>> Yeah. >> That way as well. Yeah. But the question the qu then the question is so if we put it on the agenda that we're going to start the meeting at say 5:00 right um but we're going to do the uh the closed door thing from say 5 to 6 but it's now
5 to 7 instead of 5 to 6 people are here at 6 ready to for the meeting at 6 what happens then >> they well >> they have to wait an hour >> well it possibly it's I I have seen um shade meetings run longer than
>> you haven't been here long enough >> um and you know that's why I think the the manager is suggesting doing the you know moving to the uh or having the shade meeting at city hall um town
village hall as opposed to here in the chambers. So the public if they wish you know can >> still come in >> and still be here. you would just, you know, physically have to move from one location to another. It would
potentially inconvenient the commission. Not >> the I agree. I agree with that. >> So, uh, so what's the bottom line? What's the proposal? >> If you want to start at 5:00, uh, Mr.
Weissman will modify his announcement to say that you're going to start at five o'clock. >> Got it. >> We'll um notice it accordingly. Perfect. Just one clarification, Mr. Herren. So, you mentioned the notice needs to be done, but be um a statute
Florida statue. Is that what you said? >> Yes. >> Uh why not our resolution notice? Is it specific because it's a shade session that is stiffened? >> Yes. It's a specific requirement of of the statute that you have to do certain way. Um that's why you know you in that
notice you have to list who are going to be the attendees. Got it. >> Uh by name um and uh that there's going to be a court reporter. There's a method to the madness. Uh it as determined by
uh Tallahassee the Florida legislature. >> Understood. Perfect. Thank you for for clarifying. I'm okay with that. >> I am too. I think that's >> Yeah, I'm okay with that. My only last question was uh would we need a verbal resolution to move the start time of the
regularly scheduled meeting to 5:00? >> Oh yeah. >> Your meetings are scheduled by well your well according to your >> six o'clock. >> Yeah. According to your charter they're start at seven but you you have amended
that by resolution on a yearly basis to start your meetings at six. So to change your meeting to five, you would have to do a resol resolution. >> Can we do the resolution now? >> Can we I'm sorry, just exploring another option. Um, can we still keep the six
o'clock and go back to plan A where we just keep six o'clock and we start we got to let people know and then once that done for an hour, we kick off our regular schedule meeting. Yes, >> that's what I was anticipating based on what I
>> I I've seen um municipalities I've worked for, they just plaster a sign on the door saying, you know, >> yeah, >> we're in a shade meeting. We will u convene the regular council meeting uh or commission meeting as soon as we're we're finished. You know, bear with us
patience. >> Perfect. So yeah, I think >> and if you go to another location, so if you're going to do as the manager suggested and go into city hall to do the shade session, if anybody comes on Zoom, anybody shows up in the meeting, um the the madam
clerk can be here, she can explain what's going on that you can have a signed. I mean, there's there's plenty of ways to do that, especially that you're not inconveniencing the residents if you go somewhere else and and they're here and you start the meeting. All right.
>> Do you have an idea what >> is if if Commissioner Samar is talking I can't hear him. >> I'm sorry. I apologize. I was saying that for the city manager we can he knows where the agenda can be from February since we have to do this at six o'clock. he can make the agenda to where
it fits it because I think what Gonz Commissioner Gonzalez is this is going to take longer than you know and I don't want to have it go past the time period that we have but the city manager determines what's on the agenda anyway so he can make that
>> yeah it sounds like the the the the easiest way to do it is to just set it at six and then do is you know John the manager and Brad have have recommended that we put We post a sign. Uh we commence the regular meeting at 6. We move over village village hall
to have this the shade session. Um and uh and and we just reconvene, you know, whenever we're finished. I >> think that's probably the best way to do it. >> I agree with that. >> So, Mr. Mayor, with that thought, we
have some variances that are pending. Would the commission want to hear those at 5:00 on that same day? How many? >> Three. Three that are pending. >> We um don't famously get through those terribly quickly.
>> Yeah, there's two two new ones and one that has been pending for a while. One hearing. When we're hearing >> is it a is it expected to be a long agenda regular commission meeting on February? Do you expect to have Yes, that's a yes.
>> Well, no. No, Commissioner, that that's a loaded question. I could say right now that it's going to be a light agenda, but then, you know, I never know what's going to happen >> uh in the next two weeks. So, >> so I I say we take it for February and uh so that we don't continue to wait on
the pending variance that's been waiting for a while. And uh if we don't have time, maybe the other two can be deferred, the new ones. I think maybe we start at five for the variances like you mentioned and then if we have to defer them, maybe we set
something special on the agenda because I I I really don't like residents having to wait on their variances because we we have other things to get to. So maybe start at five, see what we can get through and then if we have to set a special agenda meeting to get through the remaining variances, do that. >> Yeah.
>> Just a question to ask. Um, is one of the variants is going to be the one that I had to recuse myself twice. Uh, I think it's V I N G O L D, right? Yeah. Yeah. Okay. So, just to let them know, >> that's a reharing. That's a reharing.
>> Okay. So, that's the one that I'm going to have to just notice uh that I'm going to have to recuse myself again just for that one. >> Mr. Mayor, maybe uh if the commission is all available, started try to see suggest start at 4:30 because as you
said, these things take a uh considerable amount of time and I could see us getting into a time crunch where we're still discussing the variance and we have to start the SA shade session at six o'clock and I could see that becoming a problem real quick. >> You don't have to start the shade
session exactly at six o'clock. >> Oh, okay. >> Start it at six o'clock or as soon as thereafter as possible. And you could even set if you're going to do a 4:30 public hearing for the variances, you could schedule the sage shade session for five o'clock and then
as soon as after. So it's just a matter of how you want to do this. >> I I have no problem with it being 4:30. I don't know about the rest of the commissioners, but I don't have a problem to get the the variances heard. I know that's very important to the people that have been applying in some of the for a long time. Um I I I'll
start early to get those to try and get those in. Oh, I'm I'm good with whatever you guys want. I'm I'm I'm I'm free that day. >> Okay, let's do 4:30 >> at noon if you guys like whatever you want. >> Not that ambitious.
>> Let's let's let's do 4:30 for the variances. Um see we we can get to um I mean hopefully we can get through them all. We'll do our very best and then we'll go to the shade session and then as soon as thereafter we'll start the uh start the regular meeting.
>> What are we scheduling the shade session for earlier than six o'clock? If so, I've got to change >> right after the variance whenever that is right or you didn't you just >> we have to set a time don't we Brad? A time certain. >> Well, you don't have to set a time
certain but you have to set a time. So, in other words, if as that's why the way I read the notice or the request, excuse me, is that it was going to start at six o'clock on that day or as soon thereafter as can be heard. So, but if you're going to start it before six
o'clock, then the notice would have to say that it sometime in other words, if you're going to hold a public meeting for variances to hear variances, and now you want to put the shade session as part of that public meeting, then I
would have the notice would have to read at 4:30 or 5:00 or soon thereafter may be heard because if if you're going to hear it between 4:30 and 6, then the note, the request that I've just made is improper. >> So, couldn't we open it up um um 6:00,
but have start the commission meeting and then >> So, yes, you can do >> because the public's going to be expected to come here at 6 o'clock for the commission. >> You do your variance hearings at 4:30. >> You can open your open your commission meeting, your regular commission meeting at 6 o'clock. Yeah. Just basically you
open the meeting, >> right? >> You can do the pledge of allegiance, right? You can then close you can then close the public meeting and open the shade meeting. Make your announcements. Go across the AC over to city hall. Um do your shade meeting,
close your shade meeting, come back in, announce the closure of your shade meeting, reopening of your commission meeting, and move forward. >> I think that's the best solution. >> We will we will um let the community know that we're having this shade
meeting at six o'clock. Is that >> Yes, you have to do a public a specific public notice. >> So, we'll let them know that uh the commission meeting will start around 7 o'clock. Is that kind of the idea? >> The actual commission meeting the actual
commission meeting will start around 7 o'clock based on >> Well, logistically you're Yes. >> Um so you you could certainly provide some type of notice saying that >> I mean if we finish earlier, right, which we're not >> well that you got to be careful >> if we finish earlier. Um then we can
just take a little you know a little break. Um but I the pro here my concern is that we start at six right? You're saying that it's going to take 30 to 60 minutes. I don't sorry I don't believe that for a second but if it did I just
don't want people waiting here for an hour. That's that's that's my point. I don't want people here wait we saying seven o'clock and then they're here till 8 o'clock. That's all that that's all I care about. >> I I I understand but >> that's it. But there I understand what
you're saying. I can't I I have Well, I won't be here, but I have no control over how long the shade meeting lasts. Me neither. >> A lot of it's going to depend on the interaction by the commission. Um I'm sure the the attorneys that are going to be doing the presentation, they understand time and they understand their presentation will be
>> chime in. >> Commissioner and Gonzalez, I think maybe we should just ask the Anderson if they're willing to wait. >> Oh, yeah. Why are you saying that they're the only ones that come? So to your >> Hey, what about Linda? >> Well, Linda's staff. So >> So to your point, Commissioner Gonzalez,
yes, you could do as part of your notice, you could indicate that you're going to indicate in your notice for the shade how long it's going to last. You could put language in there saying that the commission meeting will reconvene >> after the shade me meeting is concluded
where it's approximately at approximately 7:00, 7:15. You just have to be very careful that you don't put something in your notice where you say the meeting is going to start at 7:30. Reconvene at 7:30 and then you reconvene at seven because then you have a notice issue for your meeting. That's all I'm
saying. >> Always take a break. All right. >> Yes. >> Okay. Got it. All right. I'm good with that. >> Okay. So, we're we're comfortable with that. >> Yep. >> All right. >> Anderson's, are you good? >> All right. Sounds like Tuesday the 3 is
set. Is it 4:30 then for >> correct? Yeah. For the variances, we'll start the variances at 4:30. >> 4:30 and then everything >> we're scheduling. We're scheduling all three variances at at 4:30 or just one
>> variances at 4:30. Correct. >> Yeah. >> Yes. Three variances at 4:30. >> All three. All three. >> Okay. All right. All right. Well, Brad, I appreciate you bringing that up so we get it resolved. Um, if there's nothing else and now that
that's all set. Huh? Sorry. >> No, go ahead. >> I was just going to say there's nothing to roll over except for the items that were withdrawn which will be replaced. So, at this point, if there's nothing further, I'd ask for a motion to adjurnn. >> Make a make a motion to adjurnn. We >> have a second. All in favor?
>> I >> I >> Thank you. Take care. >> Thanks everybody. Have a good evening. >> Al, Ryan, I will see you guys tomorrow. >> See you tomorrow. Bring your winter coat.