Can you guys see our gallery of folks? Excuse me. Oh, there we go. We got Brad and L. for Tuesday, November 4, 2025 regular commission meeting. I have 603.
Uh, madame clerk, would you please uh do the role for us? >> M >> here. >> Vice Mayor Samira >> here. Commissioner Ansler >> here. >> Commissioner Gonzalez, Commissioner Huntington >> here. >> Mr. Mayor, you have a quorum.
>> Thank you, Madam Clerk. Let's see the pledge of allegiance, please. This way. All right, everyone. So, let's go ahead and move on to our additions, deletions, and withdrawals from our agenda. Do we have any from the commission this evening? >> The only one that I have is in reference
to we usually have uh waving bids. We usually put we usually put sorry we usually put out bids. So I would like to you know know why we're going to try to wave that one. So that might be the only item and that's just more of an questions that can be answered. I don't
know if that can be discussed now or >> you talking about 10A? Yeah, 10 A. >> Yeah, the other ones I'm okay with. It's just it's we put out for bids and you know >> I have few myself. >> Okay. So, right now I have 10 A. Um Commissioner
>> 10 A, 10 B, 10 C, 10H, 10 I moving out for discussion as well with a 10E. >> Can you repeat that, Commissioner? >> Yes. So 10 A, 10 B, 10 C, 10 H,
10 I, 10 E. Moving now for discussion. Then I am asking to defer 10 J, 10K and 10 L which are the minutes, right? Uh if we can defer them so I have the time to
read them since we got them last night. And there is an item for discussion, new business. That's my item discussion item tree protection that I would like to move to my commissioner report. Pull out of the discussion.
>> Let me just make sure I have it correct. That was uh 14D, right? >> Yes. >> Discussion. All right. So I have 10 A, B, C, E, H, and I. Uh, I have >> E, right?
>> Yeah. A, B, C, E, H, and I. >> Okay. >> Uh, and then I have move to I guess next agenda defer. Uh, JK and L. >> Mhm. >> Uh, and then pull uh move 14D up to report. Is that right? >> That right. >> Okay. >> Thank you.
>> Uh, any other additions, deletions, or withdrawals? None. Okay. All right. So, uh, do I have a a first and a second to approve the agenda as it's been amended? >> Uh, motion to approve. >> I'll second it.
>> All in favor? >> I >> I >> I >> I sure I have these correct. Okay. Um, all right. So, that's four. Our next item is uh item number five are presentations. We have one presentation here and it's
our good representatives from Great Waste. How are you? Sorry, one second. It doesn't sound like that's on. You got a button. >> Hello. There it is. >> Got it. There you go. >> Beautiful. >> Okay. Honorable mayor, commission, uh,
village manager, uh, village attorney, village clerk, village community and staff. Uh Willie Hernandez, 8500 Ardo Road, Miami Lakes. I am the contract manager for Great
Waste and Recycling. We are your garbage provider here for the past 5 years. And on August 18th, we were acquired by Waste Connections. However, we're all working with Waste Connections to make a
sure smooth transition. And we just want the city to know how important this is to us and how important it is to the organization. Waste Connections purchased Great Waste. So, the entity continues forward and we're going to
continue operating just as we have uh for the for the staff, for the members of this community. uh when I came here four or five years ago, six years ago, whatever time is years have gone by so quick, uh we knew the situation we were
in and we were, thank God, we were able to come and clean the city streets, make sure the piles got cleaned up, uh converted the services uh to all new containers, and we we went we went out
of our way. We go out of our way. Uh I have with me today Mark Wexler, the uh manager of operations for the uh governmental side of it. And uh there's just one thing we want to tell you. We want to come to you as a p this was we
have here a real public private partnership and it was being part of your community that trained us that we also had to be part of the community. And one of the key things is we never
came here with the intention but to do a good job. And when you have good things in your mind and good things in your heart, you always come out doing good. And I drove through the city today. I spent an hour out there and I got to be dead honest with you. I got video from
Prior. Uh I got video Current and I it it's it's a completely different city. By the way, it's drop deadad gorgeous. Uh you all know it. uh because you live here or work here. But I do want to say on behalf of Great Waste and Recycling
Services LLC, which he is now owns it, that we are totally endeared to you. He doesn't own it. His company owns it. Okay? We're totally endeared to you. And you have our numbers and our contacts uh from the parks to the commissioners uh
that know me and and dealt with me and and saw what we did to come here and create what we feel so proud of which was a public private partnership that brings us very happy to let you know that everything's going to stay the same
and uh we're going to continue forward. A matter of fact, all the same staff is still here including me. But I'll let Mark say a few words. Uh so you know uh >> good evening mayor, commissioners, village manager, village attorney,
village clerk, and community and staff. My name is Mark Wexler. I'm here representing Waste Connections. Uh we're the third largest solid waste provider in the country and like Willie said, we acquired Great Waste. We have um
approximately nine billion dollars in annual sales, 24,000 employees and uh over 10,000 pieces of equipment. What does that mean to you folks? You have a a relatively small uh village. What that means is we have the resources to do
whatever we need to do to satisfy you guys. We're here to take over uh work with Willie and basically uh work together to continue on the success of D and I'll be more than happy to send each
of you my contact information. I am the contract manager and I basically communicate between the village and uh our management team. So eventually, you know, you'll have your own operation
supervisor. The one that's there now, we're going to maintain. Um, so basically nothing changes from the way you see, but we do have the resources to replace drugs. The other thing we do,
which I always bring up, is being a a large public company, if if there's ever a hurricane, we have what we call a blue team that comes in from throughout the country. comes in with trucks, crew, and everything else if for some reason our equipment gets down. So that's a major
advantage of being with a large service. And uh so that's pretty much it. I can give you a lot of numbers, facts, and figures, but I don't think you want to hear that tonight. Uh but let me just uh state one thing. I've been with the company for 12 years. We have value
principles, safety, integrity, accountability and to be the best solid waste company out there. So we those are our value principles uh established by our CEO and we have our main office here in South Florida is in Hyia. We also
have another office in Opaaka and we have several disposal facilities throughout land. >> Well, thank you very much for being here with us. Um so the way we normally handle presentations is if there's any you know we try to >> keep it uh concise if we can
>> um is is you know give commissioners uh a chance to ask you know a question before we we move on. Um I so I would only have one question for both of you gentlemen. Is does the acquisition by ways connections in any way change or alter the services that are being offered to the residents here in Biscane Park?
are we would be assuming the same services that they provide um and hopefully try and improve some things if we could. If not, we'll just continue on the way it's going. We have no intention of changing anything operationally. >> So, can we get get you to lock in for no price increases for the next hundred
years? >> I don't have the authority to do that. >> Follow the contract, whatever that says. >> Uh I just have one other question. Um, you know, we we and all municipalities down here in Miami Data experienced an increase in in service costs because of the loss of the incinerator site in
South Miami. I don't know. I think there was a plan in place and the county is working on on trying to figure out another way to address that. Is there any movement or any or any plans on waste connection side on on how to mitigate the loss of that site for for your your clients?
>> I could speak to that briefly. I I don't I'm not intimately involved in it, but I can tell you that we have our own transfer station in Hyia. Um we used to have a recycling facility. We just leveled a recycling facility to make room for uh train. We also have two
landfills in northern Florida. So, we are setting up, we're working with Miami Dade County to help them. We are a Miami Dade County approved uh transfer station. So, we're able to take in Miami Dade Miami Dade waste into our transfer
station. And our plans uh we're making plans right now to to train it, rail it all the way up to our landfill, which is going to be more sustainable. It's going to not have to deal with um trucks and things like that. We're just going to
rail it all the way directly up to our landfill. So, and we are one of two approved uh facilities, us and our competitors. >> Understood. Well, I appreciate you fielding questions out of left field. I'll just >> That's a That's an easy one. >> I'll ask the the rest of the
commissioners if they have any other questions. >> I have a question and I hope I can explain this. Right. when we used to have waste pro and we had I think the last hurricane that we can't remember the last hurricane we had uh and we had used that area out there and waste pro would say they couldn't handle our
situation because they have to take care of me city you're not going to do that to us sir >> well >> I hope I explained that right >> um well generally there's a contract for storm debris so you you probably have a contract for a storm debris hauler
Basically, we don't deal with the storm debris, but we help clean out the area prior to the hurricane. That's one of the things that we try to do. Um, but we we don't handle the storm debris because >> there's certain things that you need to
do with that, you know, in order to get your money from FEMA and so forth. I'm not an expert on that, so I really can't give you a lot of detail. That's basically what I know. Well, I think what I think what I was getting at the area is that when we have you'll be around for when we have the hurricane
and get pick up our garbage and we're not going to have any delays. I think that's what I was getting at more. >> I mean, >> we'll do our best to pick up whatever whatever we can. Uh if the winds go over I think it's 35 miles an hour sustained winds, uh it's unsafe to operate our our high-profile trucks,
>> right? >> So, at that point, we'd have to bring them in. Um but we would do our best to clean up the area prior to that. >> To answer your question, um the uh in
Esau knows we have a a a rolloff container at the public works yard. So if there like in a pinch of time or a situation that we you know just need of course you have that container which we
can turn that around in an emergency situation when when it comes to the emergency management side of things and storms. Thank god we're in November and that one went that way because I didn't want my landscaping on my house to get damaged. Uh but uh that that would be
something that could be discussed. But you always have the infrastructural support and with with waste connections owning their own landfills and owning transfer stations and owning rail cars
changes the whole picture. Uh, one of the biggest problems being a private family-owned and operated company for great waste is we had to depend on the county infrastructural support for disposal. When the plant burned down,
the the county was in the hot. They had nowhere to go. And so they had to sign a contract with Waste Management to put our garbage out of Medley Landfell, which if you go by the Palmetto, look to your right, uh you'll see it. It's it's
it's to almost to the moon. And it's uh the both the North Dade landfill and the safe South Dade landfill are operating under NOVs right now. They're to capacity. So garbage is a real problem.
And it's not just collecting it. is getting rid of it. So with with a company like Markx uh they have that capability of of moving by rail or to to their landfill
in certain spots and clearly understand we take our public private partnerships very seriously when it comes to our clients. You come first. So, it's not going to be uh you know, somebody over there calls and says, "Hey, Willie, I
need your help." Or, "Mark, I need my help." No, it's going to be our cities we're going to take care of like we always have. Matter of fact, when we had little little situations here previously, we jumped right to it. We took care of you guys. So, that's not changing
because with me for I I want I mean, I don't respect other cities, but I don't care about other cities. I care about the residents of Biscane Park and if there's a storm, I want their garbage picked up as equally as you would do for another city. If you're saying that as you was explaining, sometimes you can't
do that. That's not a problem. But if you're treating North Miami one way and you're treating us another way, with all due respect, I don't care what happens in North Miami, other cities. I only care about the residents of Biscane Park. >> I want to be sure that in a hurricane storm, our garbage is picked up.
>> Right. It is. And it will be the the municipal solid waste is one portion of it and when you get the vegetation that's a whole another portion but you will be on your regular schedule as Mark had stated if the weather gets above 35. >> No, I understand that >> trucks.
>> No, I understand that rules and regulations we can't operate just like you guys can't operate or law enforcement has to be careful themselves. >> No, I understand. And that that's like I said that's my concern is because we have had in the past where we didn't get the service that we deserve because they
had to handle North Miami and other >> with me. >> No I didn't I didn't I told you the company that it was with waste pro. It was the last time >> it was the last time I was on the commission. Remember that happened. >> I know I know commission. >> So that's all I'm concerned about is that you treat Biscane Park Biscane Park
not North Miami the other cities. Okay. >> And I'm here to give my assurances like I did today. you gave me an opportunity to work with you. That this is a true public private partnership and we're part of the community. We're going to do you a good job like we always have. We have never let you down and that will
continue forever. >> Okay. I mean, I am I am happy. I I am happy with your service. Don't get me wrong, but I I just want in case God we didn't have a hurricane this time and I was on the commission the last time Waste Pro was here in the problems that we went through Waste Pro and even with
the other company with what you were talking about that other company. It wasn't waste pro or somebody else but I remembered Waste Pro and I just want to be sure that the residents of Biscane Park are treated. >> Absolutely. >> Thank you. >> This is like uh Bird Eyes or like Macy's. So to us so Okay, that's how we
feel. Thank you for your presentation. >> It's like Kubiscane, too. >> Thank you. Is there any other questions? >> I just wanted to say thank you guys for coming. I appreciate it, Mark. Nice meeting you as well. And the best part of the whole speech was that nothing is changing. That's as long as that happens, we're good. Thank you so much.
>> Um, we're going to be using their trucks some point if they need to be replaced. >> You're welcome. >> I'll echo what the commissioner said. Thank you for your presentation. Thank you for being here tonight and welcome to Biscane Park. We look forward forward to working with you. >> Thank you. We Everything's going to stay
the same. >> Thank you. >> Um, thank you as well. Um, I think the questions were already commission. >> No, no problem. My questions were already raised by the rest of the commission. So, thank you for being here. All I wanted to ask is when was this merge? Uh, when did the merge
happen? >> Okay. So, it's very recent. >> Yeah. >> All right. >> Commissioner to come back. Um it was that we were planning on coming here earlier but with the transition and everything and then >> I understand >> I think we had a little storm or
something happened and we just said let's just do it the next meeting. We'll come and >> No, thank you for for being here and representing uh the company and then uh the fact that staff and you answer that before I could ask it's going to remain the same puts uh us in a good place
because they they know us I think. So thank you. >> Thank you. God bless you all and thank you for being given us the opportunity to be part of your community. >> Thank you gentlemen. Thanks for the time and thanks for being with us tonight. >> Right, having concluded our
presentations, let's move on to our public comment. Uh so um we'll start with public comment here in the log cabin and then we will move on to Zoom for all those with us. Public comment is limited to three minutes and please provide us with your name and address uh before you begin and we'll start with uh
individuals in the log cabin. Mayor, as a point of order, I just didn't see a link for the Zoom. Where >> if you go on So, if you go on to the calendar, hold on, let me pull it up. >> Under the calendar, if you go to the six o'clock meeting. >> Yeah.
>> And you scroll down on that popup, it'll say join Zoom meeting. >> Got it. >> And then the meeting ID and passcode is there, too. >> Mr. Mayor, if I may. >> Hey, Brad, please. >> Hi. Good evening, everybody. Um I I know
I had let you all know that I was I was traveling today. I'm I'm back in town and I I will be on the meeting remotely. You have my colleague Alan Ballo that's sitting at the dis in my place and I'm just asking if you uh still need the assistance of Mr. Bo or can I appear
remotely and uh do the village attorney duties remotely tonight? I I personally have no problem with uh with with you being on remote. Um Brad, I I don't know that we need Allan here with us unless he would like to stay
with us. Um but uh I'd certainly ask the rest of the commission. Fine with it. Rest of the commission. Okay with that? >> Yes. >> Oh, good. Okay. Well, Alan, thanks so much for coming down and joining us. It
was a pleasure. Thank you, Brad. Thank you for the update as well. So, we uh didn't hold Allen hostage. >> No worries. I appreciate it. Thank you for accommodating. >> All right. Great. Uh and just on the point of um Commissioner Ams, you mentioned the Zoom link. Um the captain was able to walk me through with uh our
friend David here who's able to I I just heard this. I don't know if everyone else knew, but I was just made aware that we've upgraded the uh the internet here in the log cabin of fiber. We have a commercial grade router now. We've updated the uh the microphone systems. And David was helping us out with the Zoom. So, some of those technology
upgrades that we've been looking for and our our microphone up here is no longer the battery operated one that we will constantly having be issues with. >> Hi, thank you. >> So, I'm very happy to see that we've uh made some progress on that point. So, thanks to everyone that was involved with that and getting us to this point. So, hopefully no interruptions or
problems technologically this evening. >> So, uh back to public comment. Uh if there's I don't think we have anyone here in the log cabin. So, I'll go ahead and turn it over to Zoom. Uh if there's anyone on Zoom that would like to to provide comment at this time, I'd ask that you raise your hand. And and cler and madam clerk, I know we have a couple of emails um that were submitted that
wanted to be read under the record as well. Mr. Holland, >> can you unmute John? Yeah, one minute. >> Yeah, I think I'm going back and forth with Pamela. We were we were both both
at it. Hi. Uh good evening. John Holland, 844 Northeast 119th Street. Um I don't want to steal any of um Anna Dion's uh Thunder. She's the chair of our parks and parkways board. She's going to speak here in a little bit, but I just wanted to give a quick shout out
to Officer Solano, um, who responded very quickly on Thursday, I believe it was, to a number of contractors who came onto 119th and, uh, exemplified some of the things that we've been talking about in our meetings in terms of enforcement
of existing codes and existing laws. basically had a contractor show up with a bunch of heavy machinery and just literally them, the workers, everybody, the heavy machines themselves, parked right on the median. Yes, the same median where our water pipes run through, where we've had a couple of
bursts over the last couple of years. I thought it was handled very quickly, professionally. That I don't think the crew that was there to do the work was too happy. But just as a reminder to everyone and and this was something I I think I needed to be reminded of if they ask, they can park on all the swailes
that they have. We don't own that property. None of us own our swailes. We we get a tax break to maintain that, right? That's where they can park. We I if you see something, guys, and I guess I'm speaking to everyone here who might be listening, all all who however many. But if you see contractors parking on
medians, just kindly remind them that that's not allowed that we need you guys to be parking on the swailes. our water pipes run through these meetings and if they don't want to move or if you don't want to confront them for whatever reason, just call the non-emergency number and if Thursday's example was any
indication, they'll get on it quickly and they'll do what they have to do to uh get off our meetings and then stop threatening the supply of lovely water that we've all come to know and love. So, just again a quick shout out and thank you to Officer Salona for that. very much appreciated and appreciate the
quick response and um I'm Ann is going to speak more to some of the recent going on with parks and parkways uh later. So, thank you. >> Thanks, John. K scan unmute Madam clerk, who did you ask to unmute?
>> We have a Zoom user whose name is labeled K S K I N with their hand up maybe. Uh, madam clerk, let's move on to Anna and give them opportunity to try and unmute. >> Anna Deleon, unmute.
>> Hi folks, this Anna Deon, 655 Northeast 115th Street. I feel all this pressure now from John talking me up. So, if I forget something, please allow John to raise his hand and tell me what I forget to tell you all. Um, but we had our parks and park wastist board meeting a
couple weeks ago and the minutes will eventually get to you. Um we did discuss the proposed ordinance by Ryan Huntington that had been put up um in the spring and then Tree City USA and we do all agree it's important to maintain um the Tree City USA requirements. At
this time our board does not feel that an additional ordinance ordinance is needed. We feel that it's you know up to our board and our village to maintain um you know the Tree City USA guidelines and we feel that what we have is sufficient to do it. It's just a a
matter of us having a well functioning board, which we uh feel like we're making good strides. We still have a vacancy and we need help filling it. We've tried to recruit people and we don't know uh the people we've spoken to have not submitted applications as of yet. So, if you have any ideas on how to
fill that open spot, we would like that. Um and then we also talked about uh planning an Arbor Day. We're going to piggyback off of the holiday market that's in December that the Arts and Culture Board is putting together and host an Arbor Day celebration um
immediately before the market. Um and we're working out the details of what will happen at that time, but that's um when we're planning to celebrate it um so that we can maintain compliance with Tree City USA and then we'll have more time to um plan something for 2026 um
now that we know that that's something that needs to happen. So, thank you guys for working with us. If you have any other questions, feel free to reach out. Um, and I'm sure the minutes from our meeting will eventually make their way once they pass the processes. >> Thanks, Adam.
>> If I if I may, I'll take advantage of Anna's opportunity to fill in anything. The one thing that I think I I would add to that and it's probably my fault that I haven't sent the minutes out yet is that we have an understanding now of the grants that are in play that are potentially going to be coming our way and understand that those grants have to
be earmarked for something specific which means that we basically have to have a number of different scenarios that take into consideration you know you know scenario one we get this grant and not these two opt scenario two we get the middle one not you know what I mean so there's there's a bunch of
different scenarios that would be in play in justosition with the budget that currently exists for this fiscal year, but I think that those are coming into focus now. Um had some meetings with John Allred and and the village manager and the grant writer. So, I think we've got our finger on that pulse and I think
that we're going to have a better idea of what those scenarios look like uh before our next meeting. So, I'll I'll end there. Thank you. >> Thanks, John. Thanks, And that means that our joint workshop was successful.
Yes, it was not a waste of your time. >> All right, thanks. Um, we have uh one other Zoom user on here that was waiting. Looks like they were able to unmute. >> Yes. Can you hear me? >> Yes. >> Okay. Sorry about that. I was having technical issues. Um, and I can't change
my name, I think. But this is Kate Davis, 12,000 Northeast 11th Place. Um, sorry, I wanted to be present uh there tonight, but my car battery died. I just wanted to touch on um item 9A on the
agenda regarding the Australian pines um as well as item 10 I regarding the award to big dogs um for stump grinding and tree removal. Um just had to you know the tree removal in
the park is obviously emotional topic for everybody and I just think it's good to have transparency throughout. Um, so I read through some of the memos and it said that um, this country Joe was our
city arborist. So, um, I was also present at the workshop and I just was kind of confused. I didn't realize that we had a signed city arborist. Um, and I didn't know if there was a selection process for calling him. Sorry, not city for the village arborist. So I was not
aware that we had a village arborist and just wondering if there was a selection process and if he's getting paid for these services. Um you know we do have many problem trees in the village but I just did wasn't sure on how these trees that are proposed to be removed. Um
specifically there's six trees that big dog is going to be removing that were recently tagged probably as early as this week. um and how those ones were chosen for removal versus other hazard trees within the park. Um and if those
trees were run by any of the boards for discussion or they are commenting before they are being removed. Um and um I guess the last assessment um well my last comment would be um you
know it seems like the village arborist who's doing these assessments seems like he has you know a lot of years in doing this. Um I'm not disagreeing with anything that he said on those arborist reports. that just that since we're a municipality, we should probably make
sure that we're covered all of our basis and that this arborist should be qualified to do tree risk assessments, have that qualification. Um, and the assessment tree, the assessment sheets for those trees that they're prop that the village is proposing to remove, those sheets should be included in that
arborist report so that we're covered. And if he doesn't have those qualifications, we should be uh we should have somebody that does have those qualifications. Um, those are all my comments. I appreciate you listening to me.
>> Thank you, Kate. Um, all right. So, I don't see any other uh further comment on Zoom. So, before we move on, Madame Clerk, we have at least uh two emails of which I'm aware that wanted to be read in for public comment if you wouldn't mind. >> Um, one from Janie Anderson.
I think it is a safe it is I think it is safe to say we can all agree there should be no construction on Thanksgiving, Christmas or New Year's. My concern is with the many other federal holidays including several such as President's Day, Martin Luther King
Day, Indigenous People's Day that are not usually observed by private industry. Hence, not top of mind for most people. Not something most would think about when scheduling work on their home.
If a contractor has to be idle on those days, they may turn down the job. Or if they take the job rather than have their crew idle on that day, they may send them off to somewhere where they can work. And the Biscane Park homeowners
project gets delayed. If construction is not allowed on any federal holiday, do-it-yourself would be severely penalized. They would be left with only Saturday to complete significant projects. By the time most people get home during the week, it's too late. I
can tell you from personal experience when Bob and I were working, we desperately needed Memorial Day, Fourth of July, Labor Day, etc. to get done the many projects we did on our home. Not everyone can afford to hire for
everything they do. On the 4th of July, we hear bottle rockets, firecrackers, etc. going off all day and well into the night. But yet, this ordinance proposes forbidding running a table saw or a drill
or pressure washing during daylight hours. When someone is trying to improve their property, I think we need to be a little flexible. Speaking of pressure washing, a few months back we had a code board case that involved construction work outside
of approved hours. The work in question was pressure washing. I made the argument even read the definition from the ordinance that pressure washing is not construction. Nothing is being constructed or even destructed. The board voted 4 to one
that a violation had occurred. One of the reasons giving was that the pressure washing was being done at a property that was undergoing construction. I don't see the distinction. Pressure washing is the same activity whether a property is undergoing construction or
not. I would expect pressure washing to be covered under the noise ordinance, not the construction ordinance. I would encourage this commission to clarify this issue in the ordinance. Do you or do you not consider pressure
washing to be construction? If you do, please be very clear about it and make sure it is well communicated to residents, most of whom likely would not think of pressure washing as construction. Thank you. Janie Anderson,
11905 Northeast 11th Place. Melanie Over. Dear Mr. Childress and the commission, I am unable to attend tonight, but have a response to the Aubberous report for the
remaining Australian pines on my street and Mr. Childress's plan to cut them down soon. This is this is a sincere question because after so many of your constituents have voiced our concerns
since February when multiple healthy trees containing heron nests were cut down. I'm still struggling to understand why did you choose to live in Biscane Park if you do not care about our birds or wildlife.
If you care, you would know that our yellow crown knighth herand return every February, not every March, as the report states. If you care, you would know that a traditional structure nest
is if you if you care, you would find a way to make sure the nest in multiple Australian pines are still there on 121st Street when our herand return in February. so they do not have to expend
extra time and energy rebuilding them should they choose to return to Biscane Park after this. The choice to destroy or preserve them is yours. If you cared, you would have warned residents about the dangers of rat poison after a
resident was arrested for poisoning and killing at least two cats, followed by multiple pet and wildlife deaths from suspected poisoning. Apathy from our village manager and the majority of our commission is not something I expected
to encounter so overwhelmingly this year in our bird sanctuary neighborhood. Actions speak louder than words and when you truly care, you find a way. Thank you, Melanie Oliva 77. I'm sorry, that's
not her address. >> Thank you, Madam Clerk. Right. So, we'll go ahead and close public comment at this time. We'll move on to um commission reply. Is there any specific reply to comment uh before we move on to reports? >> I have a question for Kate. if she's
still on, she might be able to answer it. Kate, if you hear me, um, and you're there. Uh, I was intrigued about the risk assessment qualifications and if is this something that normally an arborist
will possess working in government. >> So, and can can you hear me? I'm I'm still on. >> Yeah, we can hear you. >> Thank you. So any arborist that is going to again I'm this may not be 100%
accurate but any arborist that is going to um define a tree in their arborist report as being a risk to public health safety or whatnot and is a risk and needs to be removed. They have to have this qualification as part of their
arborist. So, it's a separate certification and um they get that qualification to be able to do these types of risk assessments. >> Okay. Thank you so much. >> Al, are you with us? >> Yes, sir.
>> Yes, sir. Al did so there's a question being posed about um about a certain certification a risk assessment certification that arborists hold um I guess one are you familiar with it and two do you uh have any idea or understanding whether Mr.
Alred um carries that qualification qualification >> um I'll look into that Mr. mayor. I'm not I don't have that information right now. >> I'm aware that he's an ISA certified arborist, but I don't know if that's a separate qualification or if that's part of that certification.
>> Yeah, that's the first I've heard about it. I'll check into it. >> Okay. All right. Thanks, Al. Uh, is there any other um response to public comment at this time? Actually, you know what? Sorry. I'm one of the my apologies, Al, while we have you for a second. Um, I
know someone had mentioned, it might have been Kate, uh, something about, um, John being designated as as the the village arborist. I do remember that came up during our workshop, but I thought that that was I guess like a like a misstatement that he's not doesn't carry that official title. Was
is that was that right? >> Well, m Mr. Mayor, he's not he's not an employee of the village, but he is a a contracted vendor. We're going to be using him exclusively for any arborous uh um uh work that needs to be done in
the city because he's familiar with the city. He's familiar with the village. He's worked here uh previously. He's local. He's done work for North Miami. Uh he's been around for 30 years. I don't want to, you know, um um jump from
one arborist to another. So I want to make sure that he's one person that we are util utilizing exclusively for the village. So yes, he'll be our as as you would have a village engineer or
a um uh a a building and village official for the village. He would be our village arborist. >> I have questions about that. Are we discussing this during um response to common own? I pulled the item for
discussion. >> We which one which one was it again? Which >> maybe was 10 I >> 10 I that was that's not John that's a different one. >> Yeah that's the one. Okay, we can then
we can uh move any discussion with respect to John in in his position his his uh his evaluation of the trees to those items because there are I know there are a couple. Um okay. So any other uh reply to public comment before we move on?
>> Uh just to say thank you Anna and John for your feedback and doing um you know checking in back with us after the workshop we had. Um, and I didn't I don't know that I took note of it or if you have a schedule that arbor
uh day that we have to have the the landing. I don't remember what the name is. Uh the designation I don't know something that was supposed to come up. Um I don't know if any of you too can hear me and answer. >> I'm here. I actually just raised my
hand. >> Thank you. >> It'll be Can you hear me? >> Yes, I can. Can you hear me? >> Yes. >> Okay. Sorry, I'm not able to be there with my kids at swim practice. But um the Arbor Day celebration will be
December I believe it's September December 4th. It's the day of the holiday market. >> Um that will be over at the log cabin. Yeah. On Sunday. I know on Saturday is like the winter fest at the park. We're talking about piggybacking off of the
holiday market on a Sunday. and we would do it right before the market starts. I also as I'm listening to this discussion this I slipped my mind and I should have said this earlier. We also felt it was important that the village looks at the standard operating procedures that are
that if they exist what they already are. Um Alice said that he would look into um if there were any that had been written before he came in. Um, and if they if they do exist, we think that's important the village looks at them again and make sure that that's how we want to operate. And then it's a matter
of enforcement. Um, and if they don't exist, then we feel it's important that there are some standard operating procedures as with respect to trees um, as a village and public property, this should be looked at. >> Got it. Well, thank you. Thank you very much for that feedback and um, yeah,
just issa confirmed December 14th um, as the aiming date for that. Thank you both. Yes. All right. Um, so let's move on to commission reports. Uh, just open the floor. Commission, you
want to get us started. I would just like to say thank you to the staff for a wonderful job for Halloween, to the chief, police chief, to the police officers out there. Really, every department was uh well represented and I I could see you all working hard and and it was good to see the residents, the residents and the
employees out enjoying Halloween. It seemed like we were out there together enjoying it. Great turnout. Issa, great job again. Uh so I just want to say thank you to the staff for a great Halloween. >> I'll echo the sentiment. It was another great event. Isa, thanks very much for all the hard work and the planning. Um, and I missed the end of the costume
contest, unfortunately. Um, and chief and to all the the officers and all the staff and everyone. Um, Chief, you guys did a great job with ensuring the safety of the community. Uh, it was nice to get that command center uh lent over from the city of Miami, which um, I forget who it was, but someone granted me a
tour of the inside, which was very nice. Um, so very much appreciated. Um, Halloween is always a lot of fun here in Biscane Park. Couple of quick things. Uh I did have a legislative update session with Senator Jones. Um not a whole lot from our end. We did discuss South Florida Water Management District uh a
little bit. Um and he had a couple ideas on how we might partner with neighboring municipalities to approach them in and what they're doing in the uh in the canal. Um he also recommended well he he talked a little bit about appropriations this year. So I took the opportunity to get in touch with David Casserta to talk
about when we would plan on going up again this year. And right now tenatively we are looking at January 11 through January 14 to be in Tallahassee for legislative session for appropriations this year. And um just a very preliminary idea of what are the
priorities this year. We already did the water project last year. So he said it's always a priority but let's not do that again because we're still in the middle of this phase of it. But he emphasized the um uh the the money for the study for septic to sewer which has gained a
lot of steam. septic to sewers gained a lot of steam in the legislature, especially down here in South Florida. Um, and then also, uh, rec center upgrades. So, he had made a recommendation that we look at those two areas for appropriations this year. Um, doesn't have to be a hard and fast decision now, but that's the his
recommendation. Um, see, I know the, uh, our application went out to, um, Commissioner Steinberg's office for the $25,000 for the tree, uh, for the grant for the tree replacement. that was done just about a week and a half ago, so it's pretty recent, but that's out with them now. And I'm on the under the
understanding that they said our project was acceptable. So, the application is on them. We're waiting for approval. Uh, and then we also we had a quick update with uh with Pedro with CAP um on the landscape issue that we had discussed here at the workshop about landscape
enforcement. And I know Pedro is not with us, but um he was going to start reaching out to other surrounding municipalities to talk about how they enforce landscaping and compliance with county codes. Um and he said that there was someone would be someone there would be someone available within our framework already that we could add
landscape review to their process. So that was the recommendation was and Al, I know you're with us and you were on the call, so certainly correct me if I'm wrong, but um and Dorene, I know you were with us, too. I think that that if I'm remembering correctly that was a recommendation that there's someone within the review process right now that
can add landscape review to their kind of checklist of reviewing plans. Um and I don't believe it would come at an added cost to the village. Um and then he was going to Pedro was going to reach out to surrounding municipalities to talk about are there other ways um and um arborist I think that was the other
thing there were arborist services that could come in and actually go on site and review these uh review what's been planted. So jury's still out on that one, but they're looking into it. So that's all I got. >> Can I suggest maybe as a a December
agenda item that we include appropriations as a discussion item? >> Sure. >> Since your deadline, sir, for January? >> It's coming up quick. Um, Mr. Manager, could you take a mental note for us uh that we want to we'd like to have a discussion item on our December agenda
for appropriations? >> Yes. Yes. I I wasn't able to hear exactly what Commissioner Amsor was saying, but thank you. >> Just a just a discussion item for December on appropriations based on what um Mr. Casera and I had discussed about uh target areas for appropriations for
legislative session this year. >> Okay. >> Thank you. >> Okay. I wanted to say you're about to fall. Yes. Um, so yeah, so we got the presentation
finally from South Florida Water Management District and I think that was very insightful. Um, I think it was a missed opportunity to not have residents be aware of the deadline that was uh part of this project to give some
feedback. Um I think it was posted after the deadline has passed but uh I don't know if any of you were able to submit comments and and any part of the project >> that's South Florida Water Management or is that Army US Army Corp of Engineering >> US Army? It's part of the same project.
>> I thought they extended that. Did they not extend the deadline? >> I I reviewed it was like August I'm sorry. Um o um >> I can't remember the deadline now. >> October 15th. >> What's that? October 15th, but I think they >> the original deadline were >> the original, but I think they did
extend it. I don't know what the ext the post we did online was after the deadline had passed. I put some comments based on what I got as comments from residents and, you know, feedback from
neighbors and um so I I I was able to place some comments. I didn't hear back. I don't know what the next step is. Um I just found out that there might be an extension. If there is, I think we should announce it and publicly post it on the website so people are aware and
have the chance to do that. Um the the full presentation it's it's uh very detailed and I do still have some questions I have to reach out to ask. It's very technical. I also wanted to ask about FDOT. I did
request about a month ago. Um John is not here. So, Issa or the manager might answer. Uh, there was a resident seeing potholes everywhere. Sort of a testing seemed to to be I don't know if you guys saw it. There was like markings on the
grounds with spray, especially on the east side of the village. And I had a resident call me to come and check them out because she had had issues of someone's tripping in one of what looked like very similar to this. But definitely there was work being done.
So, John came over. I asked about what was going on. I sent pictures and I never heard back. That was about um a month ago. So, Mr. Manager, do you have feedback as to what's going on with those holes? What project of FDOT is in the village
that's happening that um it's sort of creating all this markings? >> Mer were they pose or they just markings on the on the road? I'm sorry. >> Were they poles or just markings on the
street? All I knew was there was markings on the street. I didn't know there was any poles in installed or anything like that. >> Well, I did send pictures to you, John, and uh actually that were taken the day that I was with the resident. John came
at at your request to come and check them out. So, I'm asking you what what this >> Yeah. So, there was only there was only markings on the street. We we sent out to FPNL, we sent out to Miami date county, we we sent it out to FDOT, and we also sent it out to South Florida
Water Management if they knew anything about it. Uh we did not get anything back from any of those agencies. They thought maybe it was something something else a private somebody private was doing it, but we did not get any feedback. So we we were asking staff to
you know to just keep an eye on if they come back so we could approach the workers. >> So these are about 2 feet deep some of them. They're everywhere on the east side. Some specific locations they're painted in yellow, painted in pink. So
um you know again I think the idea here is they're not marked in any other way where people would see it. And because we have no sidewalks, people walk on the uh swailes would represent an issue. Go ahead. Could be. Again, that was the point of
trying to figure out that has markings. I couldn't tell you what they mean, you know, like uh and I'm sure the the colors mean something, too. I I don't know. So, if you can just verify that, u Mr. manager. That's what I'm still pending to provide feedback to a couple
residents on this concern. And then the other thing on my report, I just wanted to highlight um I thought it was a missed opportunity communication that we didn't talk about the issue with the cats that was going on. I know residents kind of came back saying, "Can
we push this out, you know, for the community to be aware?" I uh some of them are taking them on themselves and made a video about you know the safety and how what we need to learn about that and um I just I think in the future
these are opportunities to take we have you know the app we highlight the events we highlight you know a presentation coming up whatever it might be this is a good thing just to put out there and I know residents were very much like help
us spread the world you know if you need like the content even the video could be posted um because it was an issue right someone was apprehended for for this it was a a crime at at that moment and it and they were taken and um you know even
if it didn't escalate to more than that it was enough uh on a safety matter and I wanted just to highlight that that was important uh and again it's to use what we have we have a lot of mediums for communications that I think we can uh
rely on. And finally, um I've been having a lot of issues about public record requests. So, I have been trying to address residents as commissioner to highlight what happens
in the agenda, gather the feedback. I haven't been answered to one public request regarding the email list for months now. I'm talking months. I have asked I've copied the manager have of course the the clerk I've asked the
attorney so I'm sharing here is what is the next step and I think I don't know if Brad can um jump in but what is considered uh I mean I understand this is by state law required we need to provide public records is that right and
then my second question which is how do I escalate this besides bringing it to the you know the rest of the commission to be aware because that's my um understanding that's public record um as it stand has been my opportunity to
address issues and highlight agenda and provide feedback and you know engage with residents and I'm not being provided this list. So, so where do I stand with this? This is a question for Brad. >> Um Mr. Mayor, if I may, please. Um, so I
I I guess I I guess I would break it down in two different answers because I'm not sure I can answer the second question because I think it might be a conflict. But >> I can't hear you, Brad. Sorry. >> Can you hear me now? >> Yes. >> Okay. So, I'm going to break down the
question into two answers because the second part I'm not sure I can answer because it might be a conflict of interest for me to answer and I'll explain why. So it and and and commissioner I know you and I have had some conversations about this privately.
So >> to the extent that your requests because I mean a commissioner making a request of of of the village for records in the course that they're requesting in the course and scope of their responsibilities as a commissioner is
not necessarily not necessarily needs to be a public record request. But to the extent that you're making a public records request, yes, the the village should be acknowledging that request and should be processing that request within a
reasonable time and either providing responsive records or providing some type of response. The response could be there are no records or there's a cost for the records or or but some type of response acknowledgement response to the record request or the production of the
record should be done. Um, so to the extent that you're making a public records request, ask that's that's gone unanswered, I I don't necessarily feel comfortable giving you legal advice as to how to
proceed because essentially what you're asking me to do is how to proceed against my client, which is the village. >> Yeah. No, I just want to know what the next step to elevate. So here, so that's why I br want to bring it publicly because I've done this several times. So for all you to know this has been going
on for a few months now. I have asked for this list for a few months and so it's not being provided and that is one of my rights as I understand for anybody right not just because I'm a commissioner but because um it's uh public information but on on top of that
I think the the issue at hand is that it is my job to represent and I want to use the database to engage with people and so that is not allowing me to do that. So I would ask of you to reinforce with management as a commission and we stand
to make sure to deliver public records not just to me. I mean if this is happening to me as I as the manager do we have a log of public records request? The answer was no. It is very concerning that we don't. It is more concerning that as a commissioner I'm not getting
answers. I don't know who else is not getting answers. So, and specifically for the, you know, just be able to fulfill my duty. Um, so I'm requesting for this to be fixed. And I guess my next question is if you cannot advise
me, Bradley, because I understand what that would mean. What who do can I ask? I mean, that's, you know, and I know at some point we'll get into legal fees, which is a question I have, but I need to ask someone, right? So, how do I address this issue if it's not going to
be through you legally? >> I I guess my my >> I'm put in a in a diff difficult position by you asking >> I understand this offline but I have to bring it you know >> I I I get it. I mean, I I I could refer
you to chapter 119, which lays out the process >> for public record requests that aren't responded to, and and it does lay out the process as to what next steps are, but I I I can't really give you advice
as to what the next step is other than, which is not legal advice, having a conversation with the manager to get the records and the clerk to get the records that you request. Um, so >> but but so is I just want to understand
so there would not be anybody like our our insurance carrier. I don't know if that's something that I should ask them. Is that a claim to I'm trying to see if it's not you because it's a conflict of interest if I need to go to an attorney. What what's the next step?
>> Mr. Mayor, >> can I jump in here, Mr. Mayor? >> Yeah, please. So yeah, the the private conversations that Commissioner Ams has been having with the attorney um wasn't shared with me. So I'm not I'm not quite sure of the records that she is asking
for. I know she has in the past have asked for uh a list from gov of of or who's have signed up to go G gov and I know that those have been provided in the past to her but is um is you're
asking for anything else commissioner I'm not aware of those >> okay so I'll I'll do this I'll just put them in an email to you so you can address you're copied on this email and no I haven't received the gov list. Um, so just to to conclude this and I know
we got to keep going. I I just wanted to ask uh so again I didn't know what u you know what's feasible for me as a next step. So is there anybody else I can ask is is it like um an attorney on like how do you call private private attorney
that I would have to contact. >> Um so that's what I was um wondering Brad. I'll check the section chapter 119 you said. So Mr. Anler, let me let me say this. I'm available just like the village attorney is available. You can
reach out to me at any time and call me at any time >> if you're having a problem with any of the staff members. I think you should be contacting me instead of the village attorney and then let me know that you are having this difficulty. So I wasn't aware of this. I I'll certainly look
into it. Is is it that what you're asking for? Is that what you're looking for email list? Yes. And there there are other things and you know again you're copied on it that and thank you for saying that and I
appreciate I understand what the what the role is. I'm just wondering now a question for the attorney as to you know uh what what would happen you know if this situation's come at hand what's the next step I just wanted to understand
again Brad um you you know I don't know >> so I what I could what I could say to you is no it's not a it's not a claim at this point >> okay >> for a conversation with the insurance council >> and if you if without refer you could either refer to chapter 119
>> or you could consult with your own personal attorney >> to ask them to advise you what next steps would be if that's the path you decided to take. >> But again, I I mean to the manager's point, >> yeah, >> I would I would suggest before even
taking that route that you have a conversation or share an email with the manager directly to the manager asking him or or or advising him specifically what you're looking for. And I would hope that would resolve the issue every
>> Thank you. Yeah. Well, again, you know, the manager's copy, staff is copied and and the major concern be concern beyond that is um what happens with the rest of our request that it's not me. Um all right. So, thank you for that. I think that was the end of my Let me just
double check. Yeah. >> Okay. Well, please um keep the commission updated in December. Okay. Um All right. So, uh that concludes our commission reports. Let's move on to our uh our department reports. Our first uh
department report is 9A, which is village manager. Uh Al's with us. Um I know you have a couple of uh LTC's on here, Al, and you have a general update. So, do you want to uh cover any of these? Do you want to introduce any of these? Anything else you want to provide us? Now is the time. >> Yeah. Um Mr. Mayor, if I could turn it
over to briefly to Issa. >> He's got a he's got a report about Halloween. some other issues and then he'll turn it back over to me. >> Great. >> You're up. >> Good evening, Mr. Mayor, Commission, uh staff, and residents. Uh just wanted to
give you a quick update on the Halloween event. Uh I first want to say that it was definitely a all hands-on deck event. Um it was every department pitching in um from the police department to public works, code enforcement. our own village clerk was
there playing um security for my my rides and the lines. Um so everyone pitched in. It was a absolute team effort. Um and I will give that credit to to planning and preparation of the team. Um sitting with the managers,
sitting with all the departments. Um it could not have happened that smoothly without everybody's help. So, um, according to captain, we were talking about maybe five or 6 thousand people in the streets of the village that evening. Um, I could not tell you how many people came through the park, but tons and
tons. The lines were packed from beginning to end. Um, we made some adjustments this year um during our planning where we brought in portaotties to alleiate the traffic for the bathrooms inside. Um, we brought in cleaning service to be active during the event. um keeping the bathrooms cleaned
inside and the portaotties made a huge difference um with alleviating those lines for bathrooms and just getting water um and those things. Uh again, all staff hands on deck. Um we announced through every avenue um we even gave a
little perk to our um Biscane Park app um and email participants where they were let known that our rides would be open at 5 even though the start time for the event was 5:30. So, just a little kind of twist we did to try to incentify people to use the app and use the
emails. Um, we had to pay for that time anyway. So, it was a nice little way to just kind of incentivize them to use that email. Um, but other than that, the event was super smooth from my end. I had no incidents besides we closed too early. Um, and I think having the police
presence there, the command center, um, everything there just made a a beautiful and smooth event for all our residents and guests. So, just want to thank the staff and the team for all their help. Um, and again, you all support. The next event we have coming up is Food and
Tunes with the Biscane Park Foundation. That is November 15th on Saturday from 6:00 to 9:00. So, we're keeping it rolling with our events. Um, December, of course, we'll have Winterfest. Um, and then the holiday market the following day. So, a busy busy time of season for us.
>> Excellent, Issa. Thanks very much, >> Isa. Thank you. Yeah, of course. >> Um, for the the Halloween event as usual, was it as concurred as it usually is? Was there a lot of people or
>> I think uh I mean obviously it was on a Friday, so Halloween on a Friday with no school. I think the numbers were I believe they were a little higher than than last year. I have been >> um but last year there was no school the following day so it's kind of hard to gauge but there also was a ton of events
happening in the county um and throughout neighboring communities which I think did maybe help alleviate some of the traffic but we definitely had if not our normal numbers which I think we had higher numbers actually >> right thank you
>> thanks Isa >> sorry the only question I have about the Halloween I'll ask the chief when he gives his report or I can I can ask the question now has to do with the Halloween. Was there any um incidents that we had? No, usually we, you know,
we don't get too many incidents. Years ago, we used to have, you know, car breakins. We had no incidents. This year, Chief, fantastic. That's that's what I want to hear. >> I want to thank Issa for a great job. I wasn't had the opportunity to be there,
which I'm usually there every year. This is the first year I wasn't there. And uh so I just wanted from what residents that I've spoken to said it was fantastic. So thank you effort. >> All right, we're back to you.
>> Yes. Uh good evening, Mr. Mayor, village commissioners. As you know, I wasn't scheduled to be here tonight. It was supposed to be in India, but last week when I was attending the conference in Tampa, the ICMA conference, I think I sat sat next to one of the one or a
couple of individuals of the 5,000 people that were there. Uh well, somebody had COVID in the room and I caught COVID when I got back on Thursday. I tested positive for COVID. So, my trip to India was can India was cancelled. I hope to be back in the
office by by Thursday morning. Um, I'd like to thank Issa and his staff and everybody uh and uh who did a great job in uh in in preparing for Halloween this this this year. As you heard, it was a very successful event. Public works, the
uh Department of Code Compliance and our chief Chief AA and our police department for making this a really uh successful event. Uh we we're going to continue to work on u each year on building the
event and we thank the commissioners that were there uh the mayor uh commissioner Gonzalez commissioner thing. Thank you all for being there and supporting the event. Uh I'll be brief because I know we have a uh a packed agenda, but I just want to take a few
minutes a few things to go over. Mayor, as you said, there's a couple LTC's on the on the agenda. One of the agendas, one of the LTC's regard to the nine Australian pines on 121st Street attached to the LTC is the arburous
report in which the inspection of the trees exhibited advanced decay insect and termite activity and had exterior structural compromise. Uh the report noted that the Australian pines are an invasive species per the Florida exotic
uh plan cons council. Uh during the inspection the arbur reported that no active bird nest or bird activity were observed in any of the nine trees. Uh a uh uh second inspection of the trees
were observed in any of the nine trees. uh significant structural damage was uh u observed in the on all nine of the trees. A inactive nests were observed in a nearby black olive tree. Uh based on
the existing existence of decay, active insect damage and a loss of structural integrity, uh it was uh it was recommended that all nine struggling pines be removed as soon as possible.
Uh and and on the this is in line with the the village's ongoing environmental and public health uh instructions for eliminating both the structural hazards and known invasive allergens sources. I
had reached out to the city of North Miami and providing them with a copy of the report and our and a copy of our agreement that we share on 121st Street. I had a phone call with the city of North Miami city
manager this morning. I'm following up with her on Thursday to schedule the removal of these trees. Uh and uh um we'll give you more information once we know how how we're going to proceed and
how the cost is going to be shared. Um uh with respect to our state lobbyist, he's up in Tallahassee now. I spoke with him today and I think mayor you also spoke with him and that he's already been again lobbying our request for
appropriations. We're requesting two uh two appropriations this year. One is for our uh to convert our septic to sewer and to do a study. First, you need a study to proceed and uh much like what
Miami Schwarz has done in the past. And the second is updating our playground equipment for the tot. Uh finally, I want to wish uh Commissioner Sam and Chief Avala a happy Veterans Day uh that we'll be
celebrating next week and all the employees, all our residents who are have served uh in this great nation. Uh thank you for your service and we wish you a happy Veterans Day. Also um we'll not we will not be meeting before
Thanksgiving. Uh so I want to wish everybody a happy Thanksgiving and we're organizing a holiday lunchon for the employees and a turkey giveaway that I sent an email out to all of you. uh the commission is invited to participate and
uh uh in this event and if you wish to make a small uh donation so that these both events are successful. Uh thank you again and that's the end of my report. Mr. May, >> thank you Mr. Manager. So I'll ask the commissioner if there are any questions
for the manager on the report. >> I just got one quick question. Pal, um when would uh the the uh the amount of money that you requested for the uh for the Thanksgiving uh is 250, right? 250 per commissioner. Uh when would you need
that? By when would you need that? >> Commissioner, in the next two weeks would be appropriate. >> Perfect. Is everybody cool up here with uh with doing that? Is that something that everybody's good with? >> I'm fine with that.
He was it was in uh he sent an email out. Oh, okay. Okay, cool. So, but you're good with it, John. Jonathan, you good? Commissioner Amsler, >> I'm sorry. >> What? No. What were you asking if we >> about the uh the donation for the
Thanksgiving that >> No, but like you mean everybody needs to be on board? >> I'm just asking if you're okay with >> I don't know to be honest with you. I even I haven't even gotten there. >> Okay. >> All right. So, in the next two weeks. Perfect. Thanks.
>> Thank you. >> Your your mic. Your mic >> again. I hope you feel better. Sorry to hear that. Um also, we going to for Veterans Day. Are we going to have an official ceremony on Veterans Day? >> What? I'm sorry. official Veterans Day
like all the other cities on Veterans Day ceremony. >> So, Commissioner, as you know, that that's a holiday and most staff will have a minimum staffing at that letter. Uh I I'll I was going to order a wreath and we could put it either at at at the
village hall, outside the village hall at the flag or over at the park, whatever you think is more appropriate. Any other questions for the manager? >> Okay. All right, Mr. Manager. Thanks for the report. I hope you uh feel better soon
and wish you speedy recovery. And Chief, when we did the presentation or the proclamation for Veterans Day, I neglected to recognize you. My apologies. Thank you for your service. Um all right, so let's go on to 9B, which is our code compliance report. We have uh Dorene here with us. Are there any questions from the commission on the
code compliance report? Hearing none. Thanks, Dorine. All right. Next is our parks and wreck report. Uh is here with us. Um Isa, is there anything that you want to introduce or any questions for the report other than what we what we've already heard?
Hearing none. Okay. Um our police department report is next. Uh chief, is there anything specific other than what we have in front of us that you want to share with us? Nothing specific. Okay. Any questions for the chief or um uh on the uh on the department report?
>> Just for comprehension purposes, chief. Um are most arrests that are done in the village uh due to vehicle stops. >> Uh good evening, Mr. Mayor. Uh commissioners.
>> That give it a tab. There we go. >> For the most part, yes. >> Okay. So, so that that's just for me to understand because I as I was just looking at your report and you had zero arrests in October compared to 46 the year before, right? >> That is correct. >> And so is that a correlation of the fact
that we've given less tickets out this year than last year >> for that month? Yes. Uh violations are are down. Uh >> is that because people are obeying our our >> It appears that way. It's a it's a funny
situation. We had uh one of the red light camera companies come out uh just recently within the last month and they gave me a they they put out at the traffic light they put out where where I
thought we were going to have a lot of violations and they did it for about a week and the violations were nothing. I mean, three red lights, you know, things of that nature. So, for whatever
the reason is, uh, at least in Biscane Park, the the drivers uh are are heating the uh the law here. >> Good thing. All right. >> Which corner was that? Sorry. >> And which camera did you say?
>> The red the >> the only red light we have. >> The only red light that we have here, which is basically five ways. >> Yeah. and they came out and did a test and I was going to, you know, eventually try to bring it up to you guys and uh you know it's a it's it's it's a good
way to control traffic. Problem is is there's not enough violations. >> I mean it was very very minimal and and it's it's just not worth it. >> Thank you, Chief. Any other questions from the commission?
Chief Captain, thank you very much. All right, our final report is public works. I know John is not here with us. Uh any questions or concerns or anything that anyone wants to raise with respect to the public works report other than I know you already mentioned yours. Okay.
All right. So, uh having concluded our reports, let's go ahead and move on to our consent agenda. Do I have a first and a second to approve the consent agenda as it's been amended? >> Mr. Mr. Mayor, before just for clarity, since there was a lot of changes, can we read off the items that were on are still on consent agenda? >> Ones I still have on consent are 10D,
10F, 10G. >> Sounds like a yes. >> Motion to approve. >> Do we have a second? >> All in favor? >> I I >> I. And uh I know I think Tiffany is here with us and I know Tiffany's item remained on consent. So I Tiffany's been
involved with the foundation for a long time. Um, and she's uh given a lot of her time and effort to the village and I know she's moving over to the arts and culture board. So, Tiffany, if if that is you and you can hear us, thanks very much. All right. So, let's move on past the
consent to our amended keeps pushing me up. Hold on. Most of these are resolutions. So, let's start with the ordinances and then we'll get down to the resolutions that have been moved from 10 to 12. So, our first ordinance of the evening is under 11A,
which is 2025-03. Uh Brad, are you still with us? >> I am. >> Would you mind please reading the ordinance on the record for us? >> Yes, sir. Ordinance number 2025-03, an ordinance of the village commission
of the village of Biscane Park, Florida, amending se section 18.4 4 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 and providing for repeal and providing for an effective date. >> All right, thank you Brad. Uh is there anyone that wishes to provide public
comment on the ordinance? Seeing none here in village hall and seeing none on Zoom. Okay. Uh do I have a first and a second to move the ordinance into discussion. >> Motion to move discussion. >> Second it.
>> Okay. Um All right. So um I know we received uh at least one public comment item on this, but before we get to that, um Mr. Manager, I know you provided a backup memo for this ordinance. Is there anything you'd like to share with us uh
before we discuss? >> Yeah, Mr. Mayor. So, this was brought to us by a by a resident recently. I think it was Labor Day during Labor Day weekend and letting us know that there was construction activity uh in in in her neighborhood and she was
upset that that work was being performed. Uh we then uh staff and I had re reviewed the ordinance and became aware of the the regulations that uh allowing construction work to go on from
11 after 11 a.m. I think it's till 5:00 p.m. So um we wanted uh every city that I've worked at uh the three Miami day county, Miami Beach, city of Dorado within Miami date county and I looked at
research our neighboring uh uh cities also Miami shores Elertell each of North Miami each of them have regulations in their residential zones. Uh we don't have a commercial zone, but we have residential only residential that doesn't allow any construction on
Sundays and national holidays. So that's that's pretty much uh uh across the board. And I didn't do a survey of all of 34 municipalities, but I can tell you most of those municipalities did not allow construction work activity in
residential districts during Sundays and national holidays. So that's why we brought it to you for your consideration. >> All right. Uh thanks Al. Um so so let's move to discussion on the item. Um there was one item Brad, this question is for
you. Uh there was one item that was was raised by a resident uh with concern with respect to this item in that it could restrict homeowners in the improvements of their home. Is there any distinction or any uh distinction between construction contractors and
construction workers versus homeowners work in within the code that would differentiate these two? >> There is not. But let let me if you give me a moment just to pull up the code and I will give you the definition that applies as a results.
>> I didn't see one. >> I didn't see one. >> Well, I thought I had it up. It It's not It's in the first sentence of the code. if just give me one moment. >> Yeah. So, Mr. Mayor, if I could address that, I had an opportunity to respond to that email. I called uh Jamie personally
and I said what the the industry standard is that construction work is is uh this the defined as work for which a permit is is required. So, if somebody's if they're at at the job site and they're painting the inside of their of
the residence or doing uh minor repairs that don't require a permit, then this ordinance wouldn't uh apply to them. It's only that work that requires a permit. Uh electrical, plumbing, mechanical, and and and building
construction, that work that falls under a permit under the under the Florida building code. Okay. >> And and if I may, Mr. Mayor, so if you look at 18.4 18.4.1
specifically says the erection including excavation, demolition, alter alteration or repair of any building or delivery of materials other than at the following times is prohibited. So
the erection which includes excavation, demolition, alteration or repair of any building or delivery of materials would be prohibited during federal holidays the way the way this is amended. So I don't know that I necessarily agree with the manager's interpretation as the
ordinance is presented today that it would only apply to to to those requiring permits. I mean, an alteration or repair of any building, an interior, interior painting of a building, I think would fall into the definition of an
alteration or repair. Um, we can certainly amend the ordinance further to include however you want to do it. I mean, if you want to do it external, you know, applying to only external work only to which a permit is required, um,
we we can do that. But 18.4.1 4.1 is fairly general as it as it exists. >> So, let me just ask this question very quickly because I think this might answer it. Um, Al, I understand what you're saying that traditionally this is how it would be defined, but looking at the definitions under 18.1, it doesn't
say specifically construction means this. Um, would we be able to maybe uh do as Brad is recommending uh change or alter that definition to make sure that we can do as much as we can to exempt homeowners from doing simple repairs um
to address that concern? >> Yeah. Yeah. So, Mr. Mayor, the the building code further further defines what alterations are. So, that's defined in the building code. So, uh and and painting under the building code wouldn't be defined as an alteration.
So, but um the the village attorney is right. It I I didn't I didn't consider the um the the uh supplies being delivered on a on a on a national holiday that that would be
prohibited. So, it's up to you whether you want to leave that in there or take that out. But I think uh I think our staff has an understanding, our building officials have an understanding of just what is allowed and what what is not allowed. >> Yeah, I I I can appreciate that. And you
know, most of these people have been doing it a very long time so they deal with this on a day-to-day basis. But uh it might be helpful to have that a little more clearly delineated in in the building code. So, you know, we can alleviate any concerns that homeowners might be subject to this uh to this code
violation for performing services. Uh now that's just my opinion and the rest of the commission can weigh in on that. And then I know there was one other concern made with respect to you know uh having not being able to work on certain federal holidays that maybe most people aren't some people aren't celebrating or traditionally non-work holidays. But you
know I just for the benefit of the commission I look back there's only 11 federal holidays. So we're talking about 11 days out of 365. So while the concern is is well taken um I don't know that it's it's going to be a major problem for for contractors. So those are the only two points that I would make and
I'm open to the commission on on how you'd like to proceed with the rest of the ordinance. >> So yeah, so if I may um >> Yeah, >> Mr. Mayor. So yeah, if the commission would give me give me direction as to what they're looking at as far as revising 18.4.1
um as as I said, we can do it where it talks excludes in any interior alterations or repairs. um if if that's if that's what the commission's intent is. Um as far as the the holidays, as you identified, there's
only 11 holidays. If you want to exclude specific holidays, federal holidays from the prohibition, we can either ex either notate that those are excluded or list the prohibited holidays. Um we can do
that several different ways depending on what the commission's desires. >> Well, I don't want to Personally, I don't want to start getting into the territory of choosing which holidays are more important than others. Um, so I would just say leave them all. >> Yeah, I I concur because uh the manager
brings up a very good point. If other municipalities in our area have uh restricted construction on federal holidays, I would not like to see our municipality become the one that squeeze it in on Thanksgiving, squeeze it in on on Veterans Day because we allow it and Miami Shores does and North Miami
doesn't. if they don't allow it that we we become the lowhanging fruit that hey I can Miami I'm sure Biscane Park allows it let's squeeze it in when we can't. Uh so for me and and also it's a very good point that everyone celebrates differently. So you might not celebrate a holiday but someone else might. So I think that if we include holidays we
should include all federal holidays. >> Any other discussion points? I I agree. If all the other cities do off off all federal high holidays, then I think we should do the same thing. I don't think we should be any different
than any anybody else. >> Okay. >> If all the other cities do it, then yeah, I agree with you 100%. Then we should be standard. Should be the same. >> Okay. >> Okay. Commissioner,
>> I agree with your points. Um, and I I and I think with neighboring municipalities, you know, restricting it in a way that makes sense uh to avoid noise. I mean, we're one street away for some people that uh it would make sense to be
consistent. >> Okay. Um, I'm not clear what the proposal ends up being and then related to what construction means from 11 to 5:00 pm. So, are we defining this by those that have a permit? Are we
defining it for interior only or how are we doing it? >> I think that's so I think that's the last item and and the interior versus exterior to me becomes kind of a bit of a slippery slope. >> You've got people constructing a house and they're inside the framework. Well, technically we're >> we're inside. >> You're shaking your head.
>> Yeah. I I think you could do quite a bit of construction while still staying inside the four walls of a of a residence. Um I'm just back like spitballing here, maybe things that require a permit are not allowed. Things that don't require a permit, maybe Dorene can talk more about if that opens
up any legal loopholes for us that we we're not thinking about right now. But I think if it doesn't require a permit, maybe that just falls under general maintenance of a of a residence, I think that should be allowed. But uh as far as pulls a permit, I don't wouldn't want to get to interior exterior because you get
30 people inside a house working at one time and they're inside. >> Yeah, I basic Okay, so you're thinking >> unperented work is probably the way to go. >> So I think maybe that's the way to go. Brad and Al, uh maybe try to clearly define this a little more narrowly to
say that un permit that doesn't require work that doesn't require a permit would be exempt >> question on that. So for example, painting does painting require a permit or no? >> Yes, it does. >> So >> not not for the interior. Not for interior painting. >> Not for the interior.
>> Yeah. Not for interior. >> Okay. So permit I'm asking permit. No permit required for painting inside your house. >> No permit is No permit is required for the interior. >> Say you needed say you needed to pressure wash your roof, right? Uh would
that require permitting or no? No, that's just maintenance of your property. Yeah. You want to say that over there? >> So, with pressure washing, there's there's a line um that we cannot cross
and it's because of the noise ordinance. If they're doing pressure washing, they're pressure washing their roof after a certain time or too early in the morning, then there's a problem because the neighbors are sleeping. You don't want to be having your pressure washer making noise for them.
>> We're covered for for the noise ordinance on that sense. >> Ordinance. >> Yeah. >> They have to be careful with that. >> So, I'm just trying to understand what other interior uh permitting issues would you require to follow through with this ordinance. Say if someone is tiling
their house. I mean there's really not much noise involved in that. If we can't hear the noise, but if they have their tile cutter outside with the diamond blade, that makes a lot of noise. That's a problem. If they can keep it inside and there's no noise, then I don't think
we should worry about that. So what the commission should consider is if you allow certain types of construction and not other types of construction,
how can we say enforcement monitor who's cutting tile outside and they're doing interior work because they they'll say that to us. We are working inside so we're allowed to do it. but you're using a diamond blade cutting machine that's making a lot of noise outside at noise
ordinance. So the best way to do this and what I've seen in other cities is not to allow construction on certain days. Just leave the word construction. We know what construction is when we get to the site. So, so the I'm trying to understand what
the issue might be for residents and the first thing that comes to mind is those that work >> and then yeah and that the only opportunity that they have would be to work on their free time when they do them themselves instead of hiring a contractor. >> Would that be a case? I'm trying to
understand why wouldn't we move forward with this? I believe that distinction should be made between someone doing work at their house and a major construction site. So if someone is building a house from scratch, it's new
construction. The type of work and equipment that they're using would be different from the type of equipment someone would be doing painting their h house or doing some you know little construction work at their house. So there there's a distinction there.
construction site permitted work with a construction fence around it. Personally, I don't think they should allow that on any holiday. >> What about a distinction between the person performing the work, the homeowner versus a contract? >> The home owner is performing the work.
What should be considered? Would are they making noise for the neighbors? >> So, what if we doing regular work, you know, tiling their house, painting their house, and we can see it's a residential house and they're doing the work themselves. >> Yes. So, so Mr. Mayor, >> Mr. Mayor, it it would al also go if the
work that the homeowner is performing needs a a permit, then they would be in violation. >> They're replacing the roof. >> Yeah. If they're demo demolishing the entire bathroom and putting in, you know, new sinks and new toilet and it's on a holiday, that that work requires a
permit. So, that that that they would be in violation of of the ordinance. What about what if we Brad what if we just tie this to the noise ordinance >> to the noise ordinance? >> Well, I I mean it already exists. So I mean I
you know technically we don't need to but >> so you're talking about instead of changing instead of changing 18.4 you want to change the noise ordinance to prevent the outside noise.
No, that's that's not what I meant. I don't I don't think what I was thinking makes any sense. >> That was just No, >> I know. I I Go ahead. Right. >> That would drastically affect people having holiday party on the same during the same time. Noise is noise. So if you if you can't say no construction noise, it would just be if you meant no noise
on federal holidays, then you would, you know, having a Christmas party, that would >> they would have to add time in there. >> Yeah, I think the way that I said it was incorrectly. Um all right. So then, uh Dorian, what would be your recommendation then? recommendation would be no construction on holidays
>> and we don't have a have a specific definition for construction, >> right? You have you can't it would be too vague. You'd have to refer to something to define what construction is if we're going to change 18.4.1 to include just construction.
>> So, Mr. Mayor, as construction work as defined on the Florida building code, >> you mean you put a reference to that as defined in the Florida building code? Yes, >> I got a head nod. Yes. From Dorene. Go ahead, Commissioner. >> So, yeah, I think the followup to that
will be what does it say on the on the building code? I don't know. Um, >> I'm looking I'm looking that up. >> Okay. >> There's a lot of things. I mean, >> can I ask you so what are we trying to accomplish? So, what would you what do you think this would do for residents
and for everybody? It's just a minimize noise during the weekends. >> Absolutely. How much of that >> how much of your noise ordinance uh related for off holiday off days? Uh um >> so if you if you were the report which
it would be great to see before we pass this ordinance. >> Can you let us know what percentage is usually related to complaints on noise and construction? >> I would say 100%. >> All of them. It's because people wait until Christmas to do stuff,
>> right? I mean exaggerating, but on any holiday that's when stuff happens. >> Absolutely. >> Yeah. >> After hours and >> noise. >> Well, I look I I we've already kind of all mentioned I think that we're on
board for this idea. So I don't want to take us out of, you know, the agree the agreement that we all seem to have so far. What I think the best move forward would be at this point is to have Brad bring it back to us on second read >> uh to include the definition of
construction pursuant to the Florida building code so we can review it then we still have an opportunity to say no if we don't like it but um to sit around and wait for Brad to pull it up and read it to us and we all consider it. I think that's I want us to move on. So, I think that that's probably the best point is to say we're we're in favor of of the
restriction uh but with a little bit more of a narrow narrowly defined uh scope and that Brad can provide it to us on second read. That's what I would recommend at this point. >> I want to see it in writing. Yes. >> Can I ask on my end I would just ask for that report if you have if you can pull
how many times has this happened in a six month period. I don't know 12. I don't know how you put it out, but that'll give us context of how often. Thank you. >> Bring it to the next. >> Thanks, Dorine. So, Brad, did you pick up on that?
>> I just want to make sure I understand. So, >> yeah, >> I So, what you're asking me to do is on 18.4.1, 4.1 which says the erection including excavation, demolition, all alteration or repair of any building or delivery of materials other than as
following times is prohibited. You want me to try to tailor that to a definition of construction whatever that might be under the Florida building code and bring that back before you. What about adding the definition to 18.1
construction within this section shall be defined as construction is delineated by the Florida building code? >> Well, I mean I can do that too. Is that too too general? It's going to have like a wider >> I can def I can look for a definition either in the Florida building code or
or otherwise for the definition of construction. I just got to make sure that if we include it in the definitions of 18.1 that it doesn't affect any of the other requirements or prohibitions that are
contained in chapter 18. >> Well, I don't think that's the I don't think that's the scope and the intention of this. So, I think maybe within within the confines of 1841 is probably the best place for it then. >> Right. because that that would be my concern if we if we put a definition into into 18.1
that definition applies to the entire chapter. >> Right. Okay. >> Whereas you could you could have different definitions under different sections of a chapter for the purposes of restricting certain conduct. >> So then why don't we focus on 18.4.1 then.
>> Okay. That's what I that's what I was that's what I thought you were asking. So okay. >> Okay. I I will come up with something on on second read. So you're passing it on first read as is with direction with the direction that I >> bring back with the changes on second.
>> Yes. >> Okay. >> Hold on. We're waiting. Dorian has one more thing. So, I was I just wanted to give an example of how the city of Miami Beach has written their ordinance. So, in Miami Beach, construction is generally
permitted from 7:30 a.m. to 6:30 p.m. on weekdays and 7:30 a.m. to 7:30 p.m. during daylight saving time. Construction is not allowed on Sundays or national holidays. Weekend construction is typically restricted,
especially in residential areas with specific rules varying by zoning waiverss for hours outside these limits may be granted for emergencies or circumstances but require specific permit process. And that's what I wanted
to mention. They can have the ordinance the way it is with general words, but if they need waiverss for specific things, maybe that would be can be added into the ordinance. >> Well, that's that's on 1842. >> But the language
>> 184 1842 1843 there are exceptions. People can apply for exceptions to >> to that restriction. >> Is that right, Brad? >> The ordinance on 1842. Yes, that's talking about permits for work during >> so there are ways for them to to be
exempt from it if they apply for a special permit for it. >> Correct. >> But the the what you just read >> the ordinance itself is restricted. No um construction. It doesn't describe what construction is. It says no construction allowed on Sundays and no
construction on national holidays. >> I just don't know if maybe somewhere else in their code they define what construction means. So they're using it as a defined term. So, I think within within the specific 18.4, if we can try to have a better understanding of what
that means. So, we're trying to cut out certain things that homeowners are trying to do when they're not working. Uh, I do that. I do my work when I'm not working at the house, so I don't want to get hit with a code violation. Um, but if if we can see that from Brad maybe to give us a little more more clarity on
what specifically is included in that, it might be helpful. And I would say he looks at the the noise ordinance as well and see how he can tweak it to allow residents to work certain hours so their neighbors don't complain about the noise. If they can give them time, you
know, windows in which they can do their work, maybe neighbors would be more understanding. >> Understood. Um Dorian, thank you very much. >> And uh let me let me just add one thing, Jonathan, while we're talking about this this particular topic. at some point. Uh, not probably not today, but we're
going to need to address also. We've talked about this in the past, but we've never gotten to it. 16.3.2 where it talks about needing a um not not needing a permit for anything that's less than $100, right? We all know that we go to Home Depot
and and a hundred bucks is nothing. Um, so I don't know when this was Yeah, I don't know when when this was written, but we we also need to address that uh that monetary amount. That's uh that's not feasible or or reasonable. So
>> yeah, >> so Al and and Brad, um just so you understand, we were talking about 1632 and that's talking about the $100 cap on on unpermitted work. Can we make a note please to for us to take a look at that? And um uh we we have one of our former
commissioners in here with us. She she made a comment that they she thinks that they had pre the commission previously voted to increase that. Uh would you mind please uh when you get an opportunity to take a look to see one if it was increased and maybe just not correct it here and if not can we please make a note to address it so we can
increase it or talk about increasing it should I say. >> Yeah I remember talking to Valerie about this once before because this had come up once before and and Valerie had pulled up her notes. There was a discussion um amongst the commission about raising that but there was never a
formal vote on what was to me. >> That that is something we can look at and um we can put forth some type of um amendment to 1632. >> Okay. >> So, Mr. Mayor, >> I'll get with the manager. We'll see what get what makes sense.
>> Great. Go ahead, L. >> Yeah, Mr. Mayor, I think um last time I checked it was defined in the Florida building vote and I think some years passed. I haven't looked at it recently, but it was it was $500 in the Florida building code. So, we whatever the
Florida building codes says, we should mirror what the Florida what that what the Florida building code says. >> Okay. If you wouldn't mind taking a look to confirm the number that they provide to give us some guidance on how we can change it, but it certainly needs to be changed. >> Um, all right. So, I I think that we
have the um correct direction. Brad, you know what you're doing. Uh so do we um could if there's no further discussion uh madam clerk would you call the role on the ordinance for the first read with the understanding that it's coming back as amended on second. >> Mayor Gupt.
>> Yes. >> Vice Mayor Samra. >> Yes. >> Commissioner Anler. >> Yes. >> Commissioner Gonzalez. >> Yes. >> Commissioner Huntington. >> Yes. >> The item pass is on first reading as amended.
>> Okay. Thank you, Madam Clerk. Um, Darin, it's a good thing you're here. We might have questions for you in the next one. Um, >> Mr. Mayor, just Yeah, just to clarify, this was passed as is with >> passed as is with the understanding that is coming back to us on second read with
some changes. >> Correct. >> Yes. Okay. Um, all right. So, our next ordinance is 11B, ordinance 2025-04. Uh, Brad, if you're done taking notes on all of our instruction, >> Yes. Would you please read it for us?
>> Yes. Ordinance number 202504, an ordinance of the village commission of the village of Biscane Park, Florida, amending s section 19.1.4 Four, application for vacation rental license of chapter 19, vacation rental license program of the village of Biscane Park
land development code to require a fire protection and life safety inspection by the Miami Dade fire rescue department as a condition of obtaining a vacation rental license, providing for inclusion in the code and scriveners errors, providing for conflicts, providing for severability, and providing for an
effective date. >> Okay, thanks Brad. Do I have a first? I think we did this back. I did this backwards last time, but do we have a first and a second to move this to discussion? >> First to move to discussion. >> Second. >> Okay. Uh, is there any public comment on 2025-04?
See none in the log cabin. See none on Zoom. Going once, going twice. Okay. All right. So, let's go ahead and discuss. I know we have uh another memo for for this one. Um, Al, is there something you want to introduce for us on the ordinance?
>> Yeah. So, um, Mr. Mayor, the, uh, our co- compliance director was proactive in in this ordinance. She had, uh, reached out to Miami Day County Fire Department when they had come and made a presentation. She had uh researched and
saw what other cities are doing and that they're requiring uh inspections, fire inspections for multifamily uh use and multif family would would be considered uh airbnb. So she when our the fire chief came
here, she got a contact uh number for the um for the for the representative from the fire department that that handled those uh all these type of issues. She researched it with him, got more information with him. So let me
call her up so she can give you more information about it. But I think it's an excellent uh uh um shows an excellent work on behalf of our our co- compliance director and being proactive and looking for ways to improve our village and be
uh be responsive to our residents and uh so we would we're looking for your support on this ordinance. I think it's very important that the village needs this. So I'll turn it over to to Dorne. >> Thanks Al. The baton has been passed. Dorne, you're up.
So um in the past we did inspections, we did fire inspections. We are very we are trained in um inspecting doing fire inspections but we are not trained at the level that the fire and I I'm sorry I'm pointing at you that the the fire
prevention uh does it in the county. So when the chief came here and did a presentation, I approached him because we needed to change some things in the ordinance. There was something we weren't doing right, which was the detectors that we allowed in the village
and our our code was not specific were battery operated. um when I read what the county is doing um or what the the state statute allows um that I realized we were doing it wrong
because the state um only allows um fire detectors that are attached to the grid in the house. So, um, I worked with the fire department, um, with the county to come up with the wording and I had Brad,
Brad was very instrumental in in, um, putting this together as well. So now we would like to add this into the ordinance where when we do when we um before we issue a permit, the county has to go and inspect um
the Airbnb the property to make sure that the um detectors are >> wired >> wired correctly. >> Nicely right. >> Any other commentary? uh just that the
this is a great thing because it uh it's echoing in the Florida building code for new construction. So by uh making these Airbnbs come up to standard for renting them, it's moving more uh households into the current standard which is hardwired, not battery, because battery
is no good. >> If if I may on Yeah, >> Brad. >> No. Well, go ahead. Commission stop. >> You might the question you're posing may be the what I was about to say. Go ahead. >> No, I was just wondering this is just
for short-term rentals. So, it's nothing regarding the rest of residents that might be already um you know having a battery operated fired um detector. >> No, this is specific for short-term
rentals um properties that are rented out to the public. Um and it's a safety major safety issue and >> Yeah. No, I I I hear you and I think it's fantastic. I understand why it's there. I'm just wondering when we pull permits for new construction, when we
have all the sorts of renovations happening from owner, you know, based instead. Why are we not suggesting the same? >> Didn't you say it's part of building codes? >> Commissioner, we are actually hits close to home in my own home. I I put an
addition on 2019. Uh my new addition has hardwired. My uh old home does not. It's battery. So, it is in the Florida building code. when you do an addition of renovation to a space to that level, it is required that you you bring it up to to >> and is it something that starting July
to 2025 that it's on the building code, not before >> it? It's an old thing. So, it's just for rent short-term rentals that it's now specifically required an additional inspection for the licensing.
Commissioner, let let me answer that because Commissioner, the statute and the the Florida regulation. >> Yeah. >> Florida administrative code provision. It's it's been around for a a couple of years. So, this is something that Miami
date fire rescue when I spoke to them, they've been doing these inspections and they will do them in the vision in the village. Um, what we're basically doing in this ordinance is adding a requirement to the vacation rental
license program that the village has that the individual who is applying for a license or applying for a renewal of their license must provide the proof that the unit was inspected by the Miami Dade Fire Rescue Department and found to
be in compliance with the regulations of the statute in the fire administrator. But not something we we're making up is the the county's fire department is suggesting this changes. Okay. >> They they they have been doing these inspections. We're now requiring that
that applicants for a license to run a vacation rental home in the village show proof that they've had the inspection and they are compliance. >> Understood. Thank you. >> Okay. >> And they're they're doing this at a different level than we were. they are
more advanced in um the way of they do their inspections and ensuring safety fire safety. Very good. Dorine, thank you. Um are there any other questions for Dorene or for the uh the attorney or the manager before we have the uh clerk
call the role? Hearing none. Okay, madam clerk. >> May grow. >> Yes. >> Vice Mayor Samra. >> Yep. >> Commissioner Angel. >> Yes. >> Commissioner Gonzalez. Commissioner Hung. >> Yes. >> The item passes on first reading.
>> Thank you, Madam Clerk. Thanks, Dorian. >> We might have another one for you. So, stick around. Um, all right. So, Brad, could you please uh read our next ordinance, which is 2025-05, please? >> Yes, sir. Ordinance 2025 uh-05, 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 biscane parks land development code by establishing procedures for the review and approval
of certified recovery 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 large 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. >> Okay Brad thank you. Uh do I have a
first and a second to move the ordinance in discussion? >> Motion to move discussion. >> Second. >> Okay. Uh public comment on ordinance 2025- 205. None in the cabin. Seeing none on Zoom. Going once, going twice. Okay. Um All
right. So, let's go ahead and move to discussion. Um I don't have a uh Mr. Manager, I don't have a separate memo for this. Is there any introduction to the item that you'd like to provide? >> Yeah, Mr. Mayor. Um um Mr. Mayor, the city attorney and village attorney worked on this directly.
>> Okay. >> I might be. Yes, I can. I'm prepared to explain. So, the legislature Yes, of course. The legislature in the last session passed a uh a bill which codified um this regulation which
essentially is chapter um Florida statute of chapter 397.31139 which essentially requires the village to have a process in which you can provide a special accommodation to or at least review or request for a special
accommodation for a recovery resident who desires to operate in your village in an area where it is unpermitted based on your land development code. Um you presently have no process in which that
a entity or a property owner can ask for that special accommodation. And this is a procedure that is put into place by which a property owner could can now ask for that special accommodation if if they so desire to try to operate a
recovery residence. And it only applies to recovery residences which are essentially um either alcohol or drug um I I don't like to use the word facility but group homes um is what it what it's a better definition. Um, and so that's
essentially what this is doing. It's now complying with with Florida statutes and it it has to be placed into effect under the bill by January 1st of next year. >> Thanks, Brad. So, if we're interpreting this correctly,
then this is something that state law is already requiring. So, it's something that we have to we're required to adopt before Jan. Yes, it it's under Florida statute chap or the chapter 2 2025182 which the governor signed into law with
Senate Bill 954. We have to the village has to have this in place by January 1, 2026. >> Okay. Um I don't have any questions. Are there any questions from the commission before we ask the clerk for roll?
Okay. Let's uh wait one second. >> I'm sorry if there's a question. I'm not hearing you. >> No, no question. We're just uh about to call uh have the the clerk call the role on the vote. >> Oh, sorry. I apologize.
>> Pending any other remaining questions, which I don't know that there are any indeed. All right, >> no worries. So, we uh there aren't any questions uh uh for ordinance 2025-05. Commissioner, do you have any questions before we have Okay. >> Okay. Great. Madam Cler, would you
please call the role? >> May, >> yes. >> Vice Mayor Samira, >> yes. >> Commissioner Angel, >> yes. >> Commissioner Gonzalez. Commissioner Huntington, >> yes. >> The item passes on first reading.
>> Thank you, Madam Clerk. Thanks, Brad. All right. So, stepping back to our resolution items that were moved from consent. Our first item is going to be item 10A, which is resolution 2025- 60.
Uh Brad, can you please read the resolution for us? >> Yes, sir. Resolution 202560, a resolution of the village commission of the village of Biscane Park, Florida, waving formal competitive bidding procedures pursuant to sections 2-139 of
the village's code of ordinances improving an agreement with it should be ERC Security Consulting, Inc. um for the purchase and installation of a of a security s camera system in and around the village hall police
department facility in an amount not to exceed $12,41160 authorizing the village manager to execute said agreement and do all things necessary to effectuate this resolution and providing for an effective date. >> Okay, Brad. Thank you. Uh do I have a
motion to second move the resolution of discussion? Motion to move to discussion limiting discussion to 5 minutes. >> Do we have a second? >> I'll second it. >> Okay. Uh so we have the resolution. Commissioner Amsler, I know you requested it be moved from consent. Do you um is there a specific question or reason that you wanted to move it from consent?
>> Yes. Um so maybe this is um for the she or the village manager if you want to join us for the microphone. Uh I was wondering first why the waiver is needed um that it can go through our process or
regular bidding process. >> Yeah, I can answer that commissioner. It's it's $2,000 over our limit. Our limit is $10,000. So it's $12,411. >> Okay, I get that. Uh and so can I ask
who assessed what was needed? Was it IT? Was it the within the police department? >> So, this was um both the the police department. I think it was brought in uh to make an assessment. And these cameras
aren't working right now. There's no c there's no security cameras working. So, that's why we we try to rush this to get this fixed as soon as possible. Has it been there for like this for a while or they >> It's been It's been like this since I
I've been here tuition. So before that, even before that. >> Okay. And then the vendors that were highlighted, were they all given the same scope of work? Was there an email that came out saying exactly what was needed and the same, I'm guessing, to
all of them? >> Yes. Yes, Commissioner. >> Okay. Um, and how were they identified? Are they recommended by municipalities? Was that this a web search? How how do we know this vendor? >> So they we looked at the people that
have done business with us before and then we also looked at we had several recommendations uh from it and from uh staff. So we looked at those vendors. >> Are there going to be any subscription
or storage fees that is not within the purchasing price that is included? So I guess I was trying to understand in the technicalities that were um attached whether there is a storage included and how often or the licensing I'm trying to
understand if this is a one-time cost or there will be a recurring one after. >> Yeah. So I you know chief correct me if I I'm wrong but if I think this is a one-time cost just for the installation of the cameras >> and so where does the storage happen or
what we've been what we >> storage the storage is in the DVR or NVDR >> yes >> uh itself for approximately 90 days and that's all we need >> so for 90 days and then it just starts to delete and it's always the latest 90s
that that you get >> is correct. Got it. Um and lately are warranty. Um >> do you have any support after >> three years? >> Three years. And in training for staff,
>> there's not much training to do. It's >> you don't need any of that. So no additional charges. You >> basically the same as an in-house CCTV system with a DVR except it uses an NVR. >> Yeah. uh is higher capacity and
obviously uh through fiber optics. >> Got it. All right, those were my questions. Thank you. Um I am not a big fan of just explaining that because we're $2,000 extra, it's okay to not bid. Um we have a process, a charter
specifically says anything above 10 grand shouldn't um you know, unless there is specific reason. I think that was my my first question. But um appreciate the feedback. Thanks. >> Thank you, Chief. Are there any other questions from the commission on
resolution 2025-60? >> No, I think my I again I was also the one that pulled this two up for discussion. I think it was I agree with Commissioner that when we have a a rule that says $10,000 we have to have it. But I think they explained the extra 2,000. So I'm okay with the 2,000 going
over the limit. >> Okay. Very good. Uh so then uh with discussion concluded, all in favor of the resolution? >> I like I >> uh it's a no for me.
>> Okay. Our next item is going to be 10B >> which is the renewal with uh cap government. >> Yes. So I have a question here and I I I >> let me just have Brad read out of the record. Commissioner, >> you have to read the resolution. Brad, can you uh read 2025-61 for us, please?
>> Yes. A resolution of the village commission of the village of Biscane Park, Florida, approving a renewal term with CAP government, Inc. for building permitting and support services authorizing the village manager to execute said renewal term and all additional renewal terms as provided for
in the original agreement which took effect on September 1, 2022 and do all things necessary to effectuate this resolution providing for incorporation of recitals and providing for an effective date. >> Okay, Brad, thanks. Do I have a first and a second to move discussion? >> First move to discussion limiting
discussion to five minutes. >> Do I second it? >> Okay. Uh All right. So commissioner uh this was one of the ones that you had asked we move removed from consent. Um so >> all right thank you. Um I was wondering so we have a contract with CAP for the
first three years and the idea of this renewal is that or any renewal for any contract is that we stop for a second to understand that we have the vendor that we need that there's no issues in terms of commitments or you know contract or
adaptations based on service or uh you know technology whatever this is the opportunity to do that so I think I'm trying to understand Um it says here is in the best interest for the village to do that. There was no memo attached. Uh
it was so you know at some point if you remember months ago I did um come forward with residents claiming there was a delay process on um on the log. Basically the the permitting was taking
too long and the idea was to get back some sort of report on this to the commission so that we can understand you know the cap's doing their their work and that the inspections are happening on time that the answers. So that never came to the commission. I had a meeting
with um the cap uh myself and and the and the and the manager at the time that was in a report to showcase that. It was more an explanation on how it works. So I'm wondering why you know this is our first opportunity to stop and say how
are we doing? So what assessment was done with cup to understand that it is in the best in interest to continue with them? That was my first question. >> Mr. Mayor, can I respond? >> Yes, please. >> So commissioner, there's there's not
many many vendors that do this. CAP is probably the longest serving uh u vendor building permitting expediter or or uh uh government services permanent
government governance services that has service Miami day county for probably 30 or 40 years now. So there's they're not not too many around. Uh I've been very happy with their service. Um, and speaking to the rest of the commission,
they they have not expressed any uh the concerns. Uh, you and I met with the building official for more than uh two hours, I think, or several several days. I think we we met more than one occasion. Uh, we went over your concerns
with with with the building official. Um, I think that one complaint that we got was an isolated complaint. Um, but uh I I you know I don't I don't receive complaints on a daily ba basis about their their services. I think they're
the employees that they give us are highly professional. Uh some of the best in South Florida. They hire some of the best and uh I think they they provided us excellent service. I don't I I couldn't I I don't see why we would go out to bid and not exercise our option
at this point. >> Okay. So um I think for me and and that's exactly where I was going. I think never seeing something tangible in terms of report is a missed opportunity. That's why this contract renewals time
frames exist. Um so do we have a contract activated at this point or is it expired? >> We we have an active contract at this point. >> Okay. So, we're we have the opportunity to renew exactly as it is and this will go for another year, right, until we do
the review. >> Yeah, there's two two one-year options. So, this is the first of >> So, this is the first time in three years that we put a pause. Otherwise, the contract and that was sort of my feedback to Bradley. I mean, the contract would have said, um, I'll meet you in five years so we can talk about the service, but it has the opportunity
to come in three so that we ask this questions. I wouldn't want to see documents or you know feedback showing here's a log these are the reports that show that they're delivering in time to make the decision today to say let's renew I think the idea of you know we're
h as a manager being happy is not enough we need to just check with backlog with staff with residents feedback and of course I'm not saying suggesting that the service is not good in any way I just think um in our opportunity to
approve this for another year. This was the sort of the information I would have liked to see. We only met once. Um I actually had to push for the meeting to happen because again the information the request from the commission was that information come forward to the commission and it didn't. Um so I think
again this is when we ask a request for a report for the from the commission to a vendor it has to come back to the commission so it makes public so we can talk about it so residents are aware. who are checking the vendors that we hire. That's my feedback. I think the
rest of the questions have leaded to that. >> So Al, just very quickly on that point, um, do we could we ask that CAP be here to do a presentation? I know we have presentations monthly. Could we set
something up where CAP would come to us and provide some of the information that the commissioners highlighted? >> So if you recall, Mr. Mayor, we started last I think it was last December. We started with the police department and did uh department reports in the building department was one of those.
So, we're going to start start that up again. I'm I probably going to start that at at the first of the year starting with the police department and then have every department make a uh a yearly recap presentation. But let me say this, Mr. Mayor, that uh each each
month you receive a report from the building department. If you look in your agenda, there's a report of all their activity and also co- compliance uh which falls under the cap also submits a monthly report. >> Yeah, in my in my end I think I wouldn't
necessarily push for a presentation in any way. I just wanted to uh highlight the opportunity to bring forward that uh you know are we meeting how how long does the permitting process takes from A to Z. Those were my questions initially a few months ago. Um, and I think that
was still pending just to recognize. Um, again, I'm I'm super happy. I haven't heard from staff anything different in terms of CAP, but I think it's due diligence to the village. That's what we're supposed to see. And there was no memo attached to this. So, um, those
were my questions to sort of understand where I I am at before I vote. >> Understood. Okay. I want to be respectful to Commissioner Huntington's motion. Yes. >> To limit discussion. Uh so if there is no further questions at this time, um
hearing none, uh I'll go ahead and ask uh for a commission vote on uh 2025-61. >> Yes. >> Yes. >> Yeah. >> Nope. Sorry.
>> Okay. Uh the next item I have is 10 C which is 2025-62 is with our lobbying agreement with David Caserta. Um Brad, would you please go ahead and uh read the resolution for us? >> Yes, sir. Resolution 2025-
sorry 2025-62 a resolution of the village commission of the village of Biscane Park Florida approving a three-year professional service agreement between the village of Biscane Park and David T Casera Government Relations Inc. to provide
state lobbying services for the village of Biscane Park in an amount not to exceed $94,200 and no cents uh for services rendered and reimburseable expenses authorizing the village manager executed agreement and providing for an effective date.
>> Okay, thanks Brad. Do I have a motion in a second to move the resolution to discussion? >> Make motion to move it for discussion. >> Do I have a second? >> Second. >> Okay. Um All right. Uh so again, Al, is this something that you'd like to provide an introduction for?
>> Yeah. Yes, Mr. Mayor. Thank you. So, um our our state lobbyist, David Casser, has been the village lobbyist for as long as I can remember, maybe 30, 40 years. I don't have the exact number, but he's been here for a very, very long time. And I think um Mr. Ray, you've had
a chance to work with him directly uh in the last uh the last legislative session. and I'm sure you're going to work closely with him this year. I think he does an excellent job for us. He he was on a one-year renewal. Uh he's been
he's been charging the village $25,000 a year. I don't think you're going to find any other lobbyist that will charge you uh do the services that he provides for that amount. Um he's up there. He's up in Tallahassee already or he would be here at the at the commission meeting uh
this evening. But this he I talked to him originally this was just for a one-year renewal. We talked to him and said why you know this is a lot of work to put put these items on the agenda. Why are we just going for a one year? So we agreed to a three-year where he would
I think it's an increase of $200 a month for the uh for the second and third year. So we would ask your support in in passing this. >> Okay. Thanks, Al. Um, so, uh, Commissioner Ams, I think this is one
you requested be removed from consent. Is, uh, did you have any questions or or items you want to discuss with respect to this? >> Yeah. So, I think that clarifies my first one was related again, I I didn't understand context for trying to negotiate a higher um contract or uh
rate. So is the idea um in this case that we haven't paid him more and it's been a static uh sort of cost and we trying to raise or where's the rational to increase uh the contract? Did David ask for it? >> Yeah, commissioner we I had spoken with
uh Mr. Casserta and you know all expenses are going up. So he's looking his travel expenses, his his uh cost of uh staying in a hotel when he's in in Tallahassee, those are going up. So that's why he's asking for that minimum
of $200 a month for the second and third year. >> Okay. So the additional uh uh expense will be just for covering uh hotels and any expenses on his end. >> Yes, Commissioner.
>> Okay. And um so and the other one and I think I clarified that before it doesn't need to be an RFP because of professional services. So in this case we don't need it. And what what is the the idea of extending for three years? The reason I
bring it up is on last year uh there was a there was a feedback uh given to David about you know whether he was doing what he was expected you know from the commission whether there was no feedback received from the manager and then we found out a lot of that had to do with
reports that now were coming back and forth they were staying on an email maybe or there wasn't a flow of communication that was uh you know conduc conducive to to efficiency in any way. Um why why three years and not keep
it as it is just to give us the opportunity to to have those conversations? >> Well, Mr. uh Commissioner Mr. Mayor, if I could. So, Commissioner, you uh as I just stated, it takes a lot of work to put these resolutions on. And this is
he's been with us. It's it's kind of ridiculous. He's been with the the village for so long. Three years is a standard for the industry for a state lobbyist that they have an agreement for three years. So we're consistent with what those other cities in South Florida
are doing. >> Okay. Yeah. And may >> go ahead. >> Mr. Mayor, just to so the commissioners are aware, the the agreement also, while it's a three-year agreement, there is a there is a a way for the village to
terminate the agreement. If you do that, you can terminate it. Um, as long as you do that prior to the next legislative session starting, which would be November 1st or whatever that year, there's no cost to the village. >> Perfect.
>> If you terminate it during >> Yes. If you terminated it during the during the legislative session, then you would still owe the remainder of the balance of the contract for that year to Mr. Casser. >> Thank you. And then I'll take the opportunity to say that he has been more
than engaging at least on my end. Uh always to answer the phone and always be available and I'm very appreciative of of what he does for us. Those were my questions. Thanks. >> Okay. Thanks, Commissioner. Any other questions uh on on this item for David Certa? >> Oh, just one. I think he's doing a good
job. um you know, for the salary that we're paying him, if he gets us one cut, one grant or something, you know, one money that comes up that pays more than what we're paying him, it's worth it. So, I have no problem. And he's been with us a long time, so I have no problem with this.
>> Okay. Um All right. So, all in favor of approving the resolution, >> I I >> I All right. That's 10 C. 10D was on our consent. So 10E is our
next one, which is Yeah, 10D remained on consent. So 10E, which is resolution 2025-63, uh adopting Miami date county local Miami date county local mitigation strategy. Um Brad, would you please read the resolution for us?
>> Um no, 10E 10D is >> Oh, I'm sorry. I'm sorry. That's the That's the F item. I apologize. They're they're a little close in in their spacing. Uh right 10 2025-64 acceptance of funds and approving agreement with FDOT.
>> Yes, sir. Resolution 202564, a resolution of the village commission of the village of Biscane Park, Florida, accepting grant funds and approving an agreement with the United States Department of Transportation's Federal Highway Administration for the Safe Streets and Roads for All grant, which
is SS4A, to obtain supplemental funding in the amount of $100,000 to develop a comprehensive safety action plan and authorizing the village to expend matching funds in the amount of $25,000. authorizing the village manager to execute set agreement and do all things
necessary to effectuate this resolution and providing for an effective date. >> Okay, thanks Brad. Uh do I have a motion? >> Make a motion to approve it. >> Do I have a second? >> Second. >> Okay. Um Commissioner Ams, I think this was one of the ones that the USB removed
from consent. Uh there any questions? >> Yes. I just I I wanted to understand so there was a um uh in the memo that said we we received this at some point in January in 2024 but it wasn't fully submitted. if the manager can explain as
to how what what was missing how you know and and sort of my next question is what's next because um uh again trying to understand if we once what does it mean to fully receive this grant if if at some point we were told
in in January 2024 we did and what happens next >> manager >> yes so um commissioner if you read the the cover memo and and I reviewed the tape for that date. You were told at
during a commission meeting that the we had received $100,000 and those funds were in our account which wasn't wasn't accurate at all. So this is a this is a reimbursement grant. The the um apparently our application was never
perfected when I got here. I was under the pressure too that we we had received the grant and the the funds were there and we just needed to do the study and then as as I further dug into it and I start started to talk to the state and
talked to the the federal government I found out no that our our application was never perfected. So we had worked on that, spent quite a few months on on uh with the uh Federal Highway Administration to perfect our grant and
perfect our application that has was submitted and approved. So the next step is for you to approve this tonight and then we would have to go out to bid um for our uh to to bring in a
consultant. And I I I have to review the uh the agreement one time one more time and talk to the Federal Highway Administrator if if we don't have to go out to bid if we just bring in somebody one somebody from our pool of uh of contractors. But I think we may have to
go out to bid and uh then you know award that bid and then they start start to work. our our amount that we're required for is $25,000 and the $100,000 is reimburse reimburseable. It's over a fiveyear period. I hope it's not going
to take five years for us to uh complete the study, but that's that's what the grant is about. >> Okay. So, yeah. So, that answers my my first question. And then the second was to see expectations as to when we would see this in action again. if if we
thought we had this money, we didn't, and here we are close to ending of 2025. When do you think realistically we'll have something in front of the commission related to putting this money to work?
>> Well, Mr. Mayor, if I could. So, uh, Commissioner, we were I'm going to have a once you approve this, if you approve it tonight, I'm going to reach out to the Federal Highway Administration and have a in-depth conversation with us
with them about uh the bidding process and uh or whether we can just use one of our pool contractors. If we want use one of our pool contractors, it would be a me a more expedited process. So, I really can't give you that that answer.
>> Okay, we'll keep track of that. Thank you. Those are my questions. >> Okay. Thanks, Commissioner. Thanks, Mr. Manager. Are there any other questions on 2025 uh-64? >> No. >> No. Okay. Uh All right. So, all in favor of approving the resolution,
>> I I >> I Okay. So, I believe I have H is 10H is our next one, which is the uh resolution 2025-67, the the paving resolution.
I think I read that right this time. Um Brad, would you please uh read the resolution? >> Yes, sir. Resolution number 2025-67, a resolution of the village commission of the village of Biscane Park, Florida, awarding request for proposal 2025-001
to Janice M. Riley, Inc. doing business as the paving lady for the milling, resurfacing, and stripping improve or stripping improvements of the village log cabin, parking lot, and surrounding pavement. authorizing the village
manager to negotiate and execute an agreement with Janice M. Riley, Inc. doing business as the paving lady, subject to review by the village attorney in an amount not to exceed $50,000 and do all other things necessary to effectuate this resolution and providing for an effective date.
>> Okay, thanks Brad. Uh do I have a a motion and a second to move to discussion? >> Motion to move to discussion, limiting discussion to five minutes. >> Do I have a second? >> I'll second it. >> Okay. Um All right. So, um, uh, Commissioner Ams, I think this was one of, uh, the ones you requested we remove from consent. Uh, would you present your
questions? >> I just have a quick one. Um, I was wondering, so when it comes to beating process, might be a question for Brad. We don't, it could be just one vendor that comes forward. There is no need for three minimum. Is that correct?
>> Correct. So you would put out a request for proposals and you would get as many biders as decide to bid on the project. Um the the bids would come in sealed. There's a specific date in which you would open the sealed bids. >> Yeah.
>> Um there's then an evaluation process and an awardee process based on the evaluation recommendation >> of either the manager or the evaluation team. >> Got it. And I saw that um it was very good to see the scorecard uh put together. I was uh wondering then when
it comes to making this public since it's a bidding process who handles that >> when we becomes a once so once once you award the bid it would become public >> okay >> all the all
>> but I'm saying if I want to participate in the bid >> so if you mean if if there's are you asking me how does a proposer become aware that that the request is for proposals out there. You you advertise
the village advertises that they have a platform that they they put the request for proposals out on. Um I think it's actually I'm drawing a blank. Al the manager would know the name of it. I'm trying >> Demand Star. >> Demand Star. Thank you. Um and there's
and then biders u or biders would then provide their proposals and submit them. >> All right, that was it. Those were my questions. Thank you. >> Right. Thanks, Commissioner. Thanks, Brad. Uh, any other questions on the resolution? >> No.
>> None. Okay. Um, all right. So, all in favor of the resolution 2025-67? >> I >> I >> I >> Okay. Uh, next one is 10 I, which is resolution 2025-69.
Uh, and Brad, would you please re read the resolution for us? Yes, sir. Resolution 2025-69, a resolution of the village commissioner of the village of Biscane Park, Florida, ratifying the award of an agreement with
Big Dog Stump Grinding Services in Tree Removal, Inc. for the removal, stump grinding, and hauling of of various trees located within the village determined to be potential hazards to persons and/or property as identified by an arborist and an amount not to exceed
$6,350 no. and providing for an effective date. >> Okay. Thanks, Brad. Uh, do I have a motion and a second uh to move to discussion? >> Motion to move to discussion, limited discussion to five minutes. >> Okay. Um, all right. So, Commissioner Ams, I know you this was the one you
removed. I know we started talking about it. Um, there was one question. I don't want to jump out ahead of you, but there was one question that I had for the manager on this one because it it came up during public comment from uh Kate Davis. And this uh this this idea of a a risk assessment certification for an
arborist and I know uh all you'd mentioned uh that you can check with John. Um but is this something is this something until we have a better understanding of of what this certification is and whether it's held
by Mr. Alred in in forming his conclusions and opinions with respect to these trees. Um, you know, it's something that I would certainly be interested in seeing. Um, and I would I would put it to the rest of the commission if that's something that the rest of the commission would be interested in seeing before we move
forward on the resolution. Yes, >> that was the only thing I was going to propose. Commissioner Ams, I don't know if there's anything else you wanted to talk about with respect to the item. >> Um, yes. So, I think, you know, it was great to hear Kate come with this sort of information. And I really didn't know
that uh normally a risk assessment is part of a you know certain certification that arburies have. So it certainly is something that we would want to do as well as to let um the parks and port parkways board know um to start working
on what the plan for replacement of this trees would be. But my specific questions were um you know this is similar to what we've seen in the prior agendas where this falls within the authority of the manager. we don't you don't need approval from the commission
to move forward with $6,350. And it was also the first time I saw the word rat ratifi ratifying within the um the floor ratifying the the award of an agreement. Uh so I was
just uh trying to understand why is uh push as a resolution and what do you need the ratification from us? So, Mr. Mayor, if I could. >> Sure. >> So, um to answer your your first question, the arborist uh couldn't be
there tonight, but he was texting me saying that he heard of that certification, but it's not necessary to write under Florida statute 163.045. That's not a requirement to write the reports or make a determination if a
tree needs to come down. The only thing is that his certification ISA certified arborist which he has under Florida statute he's complying fully with Florida statute. So I hope that answers your question
with respect to that. Um Commissioner Ansler you asked um $6,350 is not within it's it's over $5,000. That's why we had to get three bids and that's why it's on the commission this
evening. >> So that wasn't my question. My question why is it here? It could be part of your report. This is part of your authority to move forward with that amount of spend. What do you feel is important for the commission to approve it? >> No, it isn't. Commissioner needs it's
over $5,000. My limit is $5,000 without getting three bids. So I needed three bids and then uh approval from the commission. >> Okay. So that answers my question. I
think for me is uh the risk assessment qualification which is something we found out today. Um and again you you you have >> you have uh not moved forward with this right in any way. So you're waiting for us >> commissioner. >> Yeah. >> Go ahead.
>> I think there's some confu if I may I think there's some confusion. >> Okay. So, under your purchasing code, the manager is correct. He he needs there is three bids that are required. You have three classifications under your under your purchasing authority.
Anything under $2,500 can be purchased by the manager or a department director um without any quotes or any other requirements um can be purchased directly. Anything between greater than 25,000
but less than 10,000 requires three informal quotes. But once they obtain the formal quotes, the authorities within the manager's authors spending and purchasing authority based on those quotes to award those that project to
the lowest most responsive bidder. Anything over $10,000 would require formal bidding which is a which would be a a request for proposal which is the process we discussed with the with the paving lady. >> Okay. >> So I think there might be a
misunderstanding as to the as to the purchasing authorities under the code. >> Yeah. And so the the reason I brought it up and again it's something that came up in the last uh meeting as well. I don't think it's it's for the commission to approve this. again is within the power
of the the the manager to do. Um I think when you ask or rectify a feedback at the end of a day is pushing the responsibility upwards and I I disagree with that. So um and and beyond that the
risk management um risk I'm sorry risk management risk assessment qualification is something I would like to see um in in our voice for the village of Biskin Park. Again, we're not the Miami date code. Canopy is important. We've heard enough about residents wanting uh, you
know, better processes in place. So, I'm glad the parks and parkways thinks SOPs are recommended. It was recommended by uh, you know, in order to even move a tree ordinance forward. Um, but in this case, I think it's something I would like to see. Um, you know, if if you ask
for feedback, that would be my feedback. I would just try to look for someone that has um all the qualifications that put us in a in a better place than what we were before this trees uh issues happened with the Australian pines and all of that.
>> So, Mr. Mayor, if I could. >> Yeah, sure. >> So, so um Mr. Mayor and Commissioners, when when I got here, I said that I'm going to be fully transparent in everything I do. And I think uh removing trees, any trees
uh is is in the interest of the of the village commission and village of the residents and the only way for me to to uh give you this information is put it on put it on the agenda. And you saw by putting this on the agenda, we had some
residents that voice concern concern tonight about the arburous that he didn't have this special certification. So, it something I learned and that's something I'm going to look into now with our arborists. But if I if I had just done this with within my authority
and not trying to be transparent, none of this would have come out. So, I'll I'll do whatever you want me to do. But I think it's in the in the best interest of the village to bring these matters that our residents have an interest on what trees we're mo we're moving and why
we're moving them. So, that's why I put it on. If you if you don't want it on the agenda in the future, I certainly won't put it on. >> There was a a question also that was brought up by a resident and there was an answer related to the how is this
arvarist that comes do we have an arvarist or I just want to understand are we paying this arburist for this work or is he doing this proono? >> He he he receives a fee for each of these reports. Okay. So, we have a contract with the
with this arborist already. >> Yeah, we Well, he's a there's a minimum fee uh commissioner for each of these reports of it's about $250 for each of these reports. >> I know. But so, do we have a contract for this or I mean,
>> we don't have a contract. It's within my authority. >> Okay. So, you're just within your authority deciding to spend 250. How do we know this? He well your residents had recommended him to me. He's he's done work for the village in the past past. He's he's
consulted with the parks and parkways in the past. He's uh he does uh work for for the village of I mean for the city of North Miami. So his name was given to me by residents. >> Okay. Got it. >> Thank you. >> Mr. Mayor, if you just one comment I
just want to make. Um Mr. city manager, I want you to continue to put this stuff on the agenda because transparency, I would agree with you, is very important. That's one of the things that the residents are entitled to. So, I want to continue, you know, you putting this stuff on on um on the agenda for
transparency. That's the only thing I have to say. >> I will concur with Commissioner Samaria. I do enjoy having these things on for transparency, especially when it considered trees with the the workshop we just had. There's a very uh you know, big interest when it comes to trees. But I will say that we are way well past
five minutes. I have done my research on this this arborist. I'm ready to vote yes on this and move past this. >> Well, let me just say how I feel about him bringing these things to the commission. I think you're damned if you do and you're damned if you don't, Al, to be quite honest with you. So, you do what you feel is in your best interest
and in the best interest of the village. Uh, and I just tell you to do, you know, to to go with your gut. >> Right. There is there any other questions or discussion on the item on the resolution? >> No, those were my questions. Thank you. >> Okay. Any others from the commission?
>> No. >> None. Okay. So, uh let's uh vote. Let's please vote on the uh on the approval of of the resolution. Excuse me. >> I I >> No. I'm going to say no just because I had
more I'd like to hear a little bit more about the risk assessment, but uh I'm still in favor of of the preservation of the safety of the residents, but I'd just like to hear more about that if we could in the future. Al, if you could look into that for us, please.
>> Yes, Mr. Mayor. I I'll I'll do an LTC one. >> Thank you very much. Okay, so that concludes 10 I. Um so, uh 10 J, K, and L. uh we deferred to the next agenda and that having concluded the ordinances I know one of the discussion items was
moved commissioner that brings us yeah sorry my agenda keeps jumping around on me 12A um Brad it's resolution 2025-68 would you mind please reading it onto the record for us >> yes sir um resolution 2025-68
resolution of the village commission of the village of Biscane Park Florida approving the payment of $1,51411 to the law firm of DGIM law PLLLC for reimbursement for legal services performed relating to the representation of Jonathan E. Roth and his capacity as
mayor of the village of Biscane Park, authorizing the city manager do all things necessary in further this resolution and providing for an effective date. >> Thanks very much, Brad. Uh, is there a motion in a second to move to discussion? Motion to move to discussion. >> Second.
>> Okay. Uh so this is um an item that I asked Brad to draft for me. So I'll just give a a quick introduction of it. Uh there's a lot of information provided in the backup. Um there's statutory authority and it's something that the the village has done in the past in reimbursing uh legal fees for ethics
complaints and complaints otherwise lodged against um charter officers, elected officials, employees. Uh and uh if it's not clear from the resolution, that's what happened. Um I think likely everyone remembers the event that happened. Uh we had someone come in that
um violated our our our decorum rules and in my capacity as as mayor, I uh had to have that individual removed. Um and I was met with that action with a state and a Florida a state and a Miami date county ethics complaint for violating
the e ethics rules. Um, in the backup, it provides that both of those items were dismissed as being legally insufficient. Um, but in my own interest in my profession and to protect my license to practice law, um, I hired an attorney very quickly and my attorney is
on Zoom here with us, uh, Dan Gilchinsky. Um, so again, I went out and I hired a private attorney very quickly because it was very important to me. one uh that these claims be investigated thoroughly and vetted knowing well assuming and knowing
that I I did nothing wrong which I think the ethics uh opinions um agree with. Um but the big I think the big issue for the commission to understand is that ethics violations and ethics complaints um they have Florida bar implications for me and my license to practice law
and uh do what I need to do to provide for my family. So, it was very important to me that I I go out and I get someone qualified to to help and assist me with this. Um, and I think that by nature of the the opinions that were issued by the ethics boards, um, it it goes to show
that Mr. Gilchinsky was effective in his his advocacy of me. Um, there's some additional items provided in the resolution. Uh, the legal bills are there uh for review. Um the the opinions
of both the Miami date county ethics commission and the state ethics commission are there as well. Um and there's also an opinion uh from the ethics commission that says that um I don't have a conflict of interest in bringing this in voting on it because I wanted to make that clear that um I
wouldn't be recusing myself. I'm I'm it's not a violation of ethics or conflict that I'm allowed to bring this and vote on it. So, we wanted to make sure we kind of checked the boxes before I brought this to the commission's attention. So, I I I'm certainly open to your questions. Um, and Mr. Gilchinski
is here, as I said, on Zoom to take any questions from the commission. Um, and any commission. I you know, I spoke with Brad a lot about this on on the the state authority that allows for reimbursement of fees. And, um, I would just be here for the commission's
questions on on what happened and why I'm asking for this. and uh you know I don't I think by nature of me serving in the position I I wouldn't have been subjected to it um had I not been serving. So that's where I'm in that that's what we're asking for. >> You Mr. Mayor, may I make one comment
before discussion? >> Yeah, if you could please. Brad, >> just I just want to clarify something that's on the resolution. Um sure. Exhibit B of the resolution, which is the Miami Dade County Commission on Ethics and Public um public trust
opinion, is redacted as it's as it is attached to the resolution as an exhibit. That that document is a public record. Um but we redacted the the opinion and the initial investigation was also related to people other than
Mayor Grath. And since this only relates to to the allegations that were brought by Mayor Roth, this being the resolution for reimbursement, we had um redacted out any reference to any other um respondents just for the purposes of
this resolution. So just so you're all aware as to why there's a redacted portion of of the um or certain portions are redacted on exhibit B that that's essentially why they redacted. >> I appreciate that, Brad. Thanks for the clarification. Go ahead.
>> The only question, the only question I have first off, I'm in support of this, but does our insurance cover this one? And if our insurance doesn't where's the money coming from? >> So to answer your question and and and Brad can supplement if if if he feels
necessary. Uh that that was looked into, but it was after I had already retained private counsel. uh that insurance um I think may or would provide counsel, but you know, if we make if we make malpractice or we make council demands on our carrier, you know, the rates will
go up. So either way, there's there's going to be a cost associated with it. Um I couldn't put a number on the ladder. Um but I I believe and Brad feel free to chime in if you like. >> Well, so you do have a policy that will
that will provide Well, let me start this way. you have a policy that will cover the representation of elected officials, charter officers, and village employees um with regards to ethics um
commission um allegations both at the state level and the county level. That would require that a claim be made at the time the complaint is is um is received and the the insurance carrier will provide counsel. So, it wouldn't it
will not cover counsel of any of those individuals chooses. Um, I can tell you that at the time when this complaint first came out, as I stated earlier, the complaint um encompassed several um several officials within the village. Um
and there was a determination at some point after the mayor had retained counsel that we determined that in fact this would be covered and that um the insurance carrier would provide coverage to the extent that they would provide
counsel. They will not reimburse for private counsel or council chosen specific council chosen. Um, I can tell you that from the experience and I've had this conversation with the insurance carrier is we've had we have made claims
for other um city officials with regards to ethics complaints and the insurance carrier is very slow at in appointing council and on several or at least two of them that I'm aware of um by the time council was appointed
and and clarification was given to them as to what their role was with regards to representation. The commission had already made their findings, so it was after the fact. Um, I don't know why it's taking that long and why the delay and again I've had conversations with
our insurance carrier about that concern and they're trying to address it, but that's um I I don't have any other information as to why or how that process takes place other than what I've just explained. >> I couldn't hear you at the end. I I don't I don't have an answer from
you in speaking to the carrier. I'm still waiting to hear back as to why there's a such a delay in when because the problem is with the ethics commissions you have s there's different phases of the investigation determining whether there's um you know sufficient
cause to go forward a probable cause determination then a formal hearing determination and the process a little different depending on which commission is being is is handling the matter but it's generally between 21 and 60 days
for the initial determination depending on the commission. It's 60 days within the the county. It's 21 days within the state for that initial termination. It's taking the carrier much longer than that to provide counsel. So that that creates
a problem because it's untimely. And that's something that I've brought to the to the carrier's attention and I'm waiting to hear back why that was and how they're planning on rectifying that. >> Thanks, Brett. So >> I I have I'm sorry. I have no problem
with what you done. Um because it does affect your life and this is very serious and I would have had the same situation with the ethics complaint that was filed against me. I could have went out and hired an attorney, but I chose not to until the investigation was over, which it is over. Um so I have no
problem. The only question is is where is the $14,000 coming from? From which part? maybe from >> from the uh uh out of our where is the $14,000 >> just a couple
>> okay that's that's all I wanted to know yeah for the general fund yeah >> I would assume yeah >> from general fund >> so can I can I speak >> yeah please >> so let me just start by saying that uh when I first saw this I was flabbergasted I I I I have a lot of
problems and a lot of issues with this whole thing um and it's nothing personal against you because the time that I've known you, uh, you've been a man of integrity and, uh, the God's honest truth is if it was somebody else, I'd have even a bigger problem. But, um, you
say that, um, we've asked, we've done this in the past, right? And I think you all know how I felt the last time that we were asked for attorneys fees up here. Um, so I don't know what else you're referring besides that. Are you referring to anything in specific?
>> No, no, just that. No, because you made it sound like it's been done before like several times or >> I didn't imply that. >> Okay, so it's just that one particular time. >> Correct. >> Okay. And I think that that's a different case altogether, but whatever. Um, but here's the problem. Um,
so I was there at the uh at the particular hearing and I was there with your your your attorney, which I met, very nice gentleman. Um and my understanding of the resolution there was that uh the specific charges that were bring being brought were not in the
purview of the ethics board. Uh and so that's the reason that they dropped it. As a matter of fact, the person that was bringing these allegations was asking the board for legal advice and the board said we're not here to give you legal advice because she was basically asking where else can I go if you're not going
to help me with this. So that's the reason that this was dropped. wasn't because of any specific uh it just there was to the ethics board the the allegations that were being brought were not in their purview to uh receive. So
that's that's the reason for that. Um so here's the thing. So my when I first saw this I I blew it I blew my top and then I had a call with uh the manager and I had a call with the attorney and as a matter of fact Issa was on the call as
well. And so I I I try to figure out why are we here? Why if we have I was under the assumption that we had an insurance policy and that that insurance policy covered legal fees for not just for the commission but also for staff and um so
why are we in this position? Right? So my first question is well did Jonathan know that this is the process that he has to uh you know file a claim? Uh, and obviously the answer is no. He found out after the fact. After I asked the
question, the email was sent out. The manager asked Brad the question. And I guess that's when Brad sent out the email explanation saying, "Hey, you have to file a claim first, but then he he told me in our call that um that you weren't aware of that. You were you were
aware of that, made aware of that afterwards, right?" So obviously it's not your fault that you're that we're in this position, but it's the city's money. And so I was just trying to get to the root cause of why we are having to pay $14,000
and whom was responsible for not giving us that f that information so that you could have made a a decision based on because had you known that had you known that and you would have still proceeded with hiring your own attorney I would be absolutely no vote for you today because
that's ridiculous right why would you not go through our insurance policy to do, you know, I mean, it's the same thing that we all have to do, and I understand it's your livelihood, and and so you're at a different whole different level, and I get it. Now, I read the uh the the the u the ethics uh opinion on
the whole thing, and you know, listen, I'm not an attorney, but looking at it from the outside in, uh you know, to me, it doesn't look good. It's just not a good look um in general. Uh, but look, like I said, you know, I I I think you're a man of integrity and honestly,
I'm not questioning that. But I am questioning why we're here and and and and why you didn't know the process. And I think based on the information that I've gotten so far and the conversations that I had with the manager and the conversations that I had with the attorney, in my opinion, I think our
attorney dropped the ball on this. And I think the uh you know he he he he he's known I mean he told me on our call and he mentioned it tonight again that he's made claims before prior to this right he's done this before for for the
village. I don't know for whom I didn't ask. >> No that's not that's not accurate. >> That's not what you told me. No, no, no. Not that I the claims that we had made to the carrier or after the mayor retained retained um
>> but you you told me you've done this in the past for someone else and that you couldn't remember whom it was. You that's what you said. Al was on the call. But anyway, regardless, you were the one that's been speaking to the uh to the uh to the to the insurance company, right? Which I also said that I
think that was a bad idea. I think our managers should be the ones speaking to our insurance company because there's too many people talking to different people. It should just be one person. >> I don't disagree with that. >> Yeah. So, okay. So my point here is after all is said and done in my
opinion, you know, I think that our attorney dropped the ball and didn't give us the proper information prior to you making that decision because I do remember talking about legal representation on on this board. And I do remember him saying that, you know, I I they couldn't represent us because
they were in this whole mess, too, that we if we needed legal counsel that we would need to get legal counsel. But they failed to tell us that there's a step there was one one step more that you had to file a claim. So that's a problem for me. So that's a big problem
for me that we're now having to reimburse you for $14,000 when we have an insurance policy that should have been utilized uh and it wouldn't have cost us well, you know, maybe our our our fees would have gone up a little bit, whatever, but it certainly wouldn't have been $14,000.
So that's that's where I find myself today. I'm I'm very unhappy. I'm very pissed off that this whole thing is happening and that we're having to reimburse you for for those expenses. And again, it's not your fault, but I'm not happy that internally uh they've
dropped the ball on this. >> Mr. Mayor, if I may, Mr. Mayor. >> Uh please. So, um for the commission, uh this is uh my the attorney that defended me, Dan Gilchinsky, on Zoom. >> So, thank you, mayor. Thank you for the opportunity to address the commission
and commissioner. I I hear your concerns. Uh I've sat in your chair literally. I I sat as a commissioner in Surfside for two years, vice mayor in Surfside for two years. Oh, I know exactly where you're coming from when there's a failure of process and I I
hear the concern. But I've represented a lot of elected officials over the last 25 years in these u types of proceedings. And I'll tell you, you know, when when you make the claim, turn it over to an insurance carrier, they take their sweet old time. You know,
they'll take up to 30 days to review it. They'll take another two weeks to 30 days to assign an attorney. And then the then the attorney is usually for something like this, a sort of junior attorney without tons of experience who takes another two, three weeks to figure out which way is up and what to start
doing. And by then the initial and to me the crucial step in these ethics commissions investigations will have already transpired. To me the key to handling these types of cases is a knockout punch before it gets off the
ground. And what I mean by that is there's an initial screening stage where an overburdened attorney who's got tons and tons of paper from tons and tons of complaints all over the county or all over the state as the case may be is looking at this stuff and saying, "I've
got to make a recommendation on the next 30 cases to my commission in a week." And if it smells weird or looks bad, they'll make a recommendation to proceed. Especially when you get something real thick that's just larded up with all sorts of wild allegations.
They'll just it's easy for them to say proceed and then the matter will proceed and now the ethics commission has a real case on their hands. The critical step is to get to that attorney, convince that attorney that their board there's something defective about what's been
filed. In one case I had actually it was my own case. Um I argue that they they never made a proper the complainant made never made a proper um allegation of a specific rule of professional conduct or a specific county commission rule that I
had been liable under. In in Mor's case that was my argument. I made the argument to the attorney and the attorney and told turned the told the commission there's no jurisdiction here. So, by doing that work upfront and quickly and effectively, and that means
finding out who's the assigned attorney, that means calling the the assign the clerk every day until there's an attorney assigned, then calling the attorney, introducing yourself, then asking if you can send clarifying information, then putting together a package that's short, but to the point
and has the information that they need and sort of leading them to the path that you want them to go. If you don't make that happen in the first two, three weeks, you're this chances are your case will proceed. And I managed to get both of them knocked out with a very effective on-time advocacy, knowing how
the process works and knowing that I need to get in front of the attorney in each situation very quickly and make a plausible argument to them as to why they needed to recommend to their board that the matter should not proceed because once it proceeds, it turns into a whole ball of wax. That can be, you
know, a year, a year plus, and then the mayor's under an investigation. and the the attorney board is looking over his shoulder trying to figure out what's going on and now he's got a potential ethics issue. So that work needs to happen effectively by someone who's experienced and quickly and that will
not happen in any case in any circumstance ever when you hand it over to an insurance company anywhere in the world that I guarantee you. >> I completely agree with you and I and I I I didn't I don't disagree with anything you just said. Having said
that, um you know the reality is that you know what are we supposed to do now in the future? Uh put a line item budget for uh additional uh uh attorney expenses. Is it just because Jonathan isn't an attorney that he has to do
this? Is it something that I'm going to have to do if I ever get another ethics complaint? this is something Dan's going to do and Ryan and uh it this this is just going to spiral out of control in my humble opinion if we allow this to continue to happen. I get Jonathan's
position. He's an attorney. Got it. Uh he knew he was an attorney when he got elected. Uh and I and listen, you were great and I I was there and I saw you. But but this is a problem and we can and and I'm going to vote yes today, not because I want to vote yes, but because
I'm going to vote yes because I think it's the right thing to do. And I I think it's Jonathan is not responsible uh to be having been put in this position. But had he known this, I would have been a no vote. Period. End of conversation. because I'm not going to I'm not going to be spending 14 whatever
thousands of dollars on a yearly basis paying attorneys fees for for commissioners or for staff or for anybody else if we have a policy in place that pays for this. I'm sorry that it's not the best policy and I'm sorry it's a junior attorney and all of that.
I get it. But it is what we have. uh and and and we're we're just not going to continue to I mean, in my opinion, I'm not going to continue to vote and approve uh additional uh attorneys fees, period. >> It's uh I I I hear your concerns. It's a good learning lesson for everyone.
>> I I I appreciate your position and I truly do. I truly do. I appreciate what you said. Um and I I do see the kind of conundrum. I I do I I I you were heard loud and clear. I can promise you that. Uh, I'd say that I I fully support this.
I will definitely be voting yes on this. Uh, I do concur with uh, Commissioner Gonzalez that I don't think the proper procedure is followed here. I think that you uh, mayor did the prudent thing with the information you had and with your livelihood. I think you did the correct steps with the information you had. Uh, that being said, I hope that this
doesn't become a slippery slope where people leverage complaints just to fight back at the village and different with different grudges that they might have. Uh, and I do, you know, I would assume that if they go through the proper steps through the through the insurance carriers that the insurance carrier would then re try to recoup funds from
the complaintant and which is a a process that is allowed through Florida law. Um, and I just want to us to continue to follow the proper procedure in the next time that this eventually happens. And we all will have to make a personal decision at that point whether
to go with the insurance carrier or go with with private private uh counsel. But I would definitely be voting voting yes on this one because in this situation it is the right thing to do. >> Appreciate your points. >> I have very similar um concerns and
actually that's the reason at the beginning of of the conversation I asked about where do I go next legally? That's the question because you know and I brought it this as an example is this really there isn't really a clear route
if you are exposed to any of this for the very first time and so you have there's two different liabilities there is the village being liable and there is your personal liability so I have all the same questions should we budget for
this that would be my first thing because if you ask me and I mean as you heard there's you know people here reiterating the process will be slow by the time that there was a council available your the decision of the
ethics was already out that puts you in a very complex situation personally therefore if any of us are in that same seat the the the recommendation was go and find appropriate counsel
So if that's the rec recommendation, but then it's up for this commission and whether you find yourself that I like you or not, I think that is horrible, right? Because now well you don't agree with my stuff and so you won't approve it next. I can't be left for the
commission to feel whether it's okay to approve Mrs. Mr. Samaria and not approve you. I think it's unfair for anybody coming to this position next. Nobody probably will after hearing this because you're personally liable. I mean,
literally. And I think it's someone dropped the ball. So, to Gonzalez's point, whether it was the attorney, whether it was the manager, whether it was, you know, the the budget season, I mean, this is not being accounted for. we're going to
get out of the pockets of residents to pay for this. My first question is, is there a process in writing moving forward for this not to happen again? We can't just, you know, renew this commission and the same thing happens
and we're dipping into the savings to pay for it. How do we prevent that? How do we make sure if we know that I mean it's being said right now by your attorney. The process is too long for even to get a resolution of this nature. Well, you're an attorney and I
understand it's your living. I'm not. But it's my money. It doesn't matter. It doesn't matter if it's $2,000. It's 14. It matters that it's wrong because there's something not connecting here between the timeline you need to respond. So, do we need to go through an insurance carrier or we put a budget
aside that would protect in the future, you know, um the commission or staff or any charter officer. Is that something to again I don't know the implications legally of this? I just think we can't
first I'm in the same position. It's a lot of money. Regardless of the money, it seems wrong. If we had avenues to pay for this, we didn't use. How come that happens? That's my first question. Second is how do we prevent it? So it might be a discussion items for us to
work on the next uh meeting um and that we can establish you know talking to the attorney uh what are the recommendations moving forward how other municipalities do it because if the expectation is that any commissioner in the future us
or anybody else for any claim come forward because I want people to understand people can point at us and raise a concern and push through an ethics the ethics commission and you have to go through the process
of showing them why doesn't it stand or what you know and they need to evaluate that and blah blah blah for that you need an attorney so so what do we do about that moving forward how do we establish those
steps we can we we we need to have something in writing that doesn't go from you know one firm firm to the other firm that doesn't go from one manager to the other or commissioner to the there's got to be something in writing. It could be part
of a training I mean mandated training for you know commissioners to come in to understand what your you know your availabilities are you know what you the process is for you to come forward with this situations. It's unfortunate because it's a lot of money. We pay
about $2,500 for uh commissioner Samaria. I know this adds uh to that. Um you know it it's >> and also I could have had attorney fees if I would have went on an attorney with the ethics that was filed by this commission on me crim.
>> So I I just want to state in the within the same vote my name was brought up. I had to do the exact same thing. I had to go and research. My first you know thing was what is next? I was told I needed private counsel. Uh, next I was
traveling literally the day before. So I had to ask for an extension. I didn't have by the time it got dropped the ethic commission came back saying there was nothing but I was without an attorney. I was exposed and that can be that that's not
okay in any in in any way to anybody even thinking to come into the commission can happen. >> I agree. >> Yeah. definitely think we need to have a discussion because like I said, I could have filed with mines. Mine's was criminal because the allegations that were formed against me was criminal
which is a felony and would have cost me over more I think more than yours over 20,000. Um so, you know, I think we need to have some kind of a dis discussion or either find an insurance company that is going to work faster. I don't know. I don't the process because I'll tell you right now if anybody thinks that your
complaint is the only thing that's going to happen in the next couple years you guys are in for a big surprise. I'm just I you know >> yeah I I I don't mean it to sound hypocritical but I agree with you. I think there should be a process in place that's a little bit more clearly
delineated. Um so there's guidance >> ordinance I don't know but like we or you know within our budget instruct I don't know how again we need to talk about in a discussion item come back with a solution to this this can't be nobody will push their name forward
hearing that you could be liable for $14,000 out of your money. >> Yeah I I I agree with you completely. I think it's something that we absolutely should put on for discussion for for next >> uh next month's meeting so we can try to find kind of a a a more bright line way
on how everyone in this village would approach this sort of scenario. >> Yeah. And I think that that's probably the start. >> I just want to make one last thing clear >> that the only reason that I'm voting for this is because you were unaware of the process. Had you been aware, I would have voted no. Just so you just to be
clear and in case somebody else is going to come up here now and say, "Well, you gave it to Jonathan." No, >> everybody's now clear that there is a process to in place to to file a claim through the insurance company and they will assign you an attorney. So, just to
be clear, this is the only yes vote you guys are getting from me. >> I understand. >> But that to the point, if I can ask, so what if you're hearing that the process takes longer than 60 days? Well, I don't know that. So, that's that's a question that Al is going to
have to figure out, right? So, if you're saying, is it something >> I didn't hire an attorney for this particular case. I was I was part of this whole scenario because I knew I had done absolutely nothing. So, I had nothing to fear. >> I didn't either. But that's the thing. What if >> But he's an attorney, so he he's he's
got to cover his butt, right? It's it's different. What are they going to do to me? I mean, okay. Well, you got an ethics complaint. Whoopde-doo. Okay. But I knew that there's nothing they was going to find against me because it was I didn't do anything. So, uh, but to your point, I think that that's one of the first things that we need to
clarify, right, with the insurance company, right? So, once you're notified, what is what is the timeline here to assign an attorney? Because, you know, we're hearing things up here, but we really haven't spoken to the to the So, that's the first thing. So once we
notify you, what is the timeline to get an an an attorney assigned to the situation? If you don't like it, then you have the option to go out and hire your own attorney at your expense, not at this village's expense. >> I agree. I think that needs to be
clarified part of the conversation. Yeah, >> I think that that probably makes the most sense to say you have an option here that which we will pay for and if you choose to forgo that option, then the village will not be reimbursed. Because that's that's thing that's the thing I was thinking just what you were saying is I was against paying you the
14,000 cuz I said why didn't you go through our insurance company you heard me say that was my first statement didn't we have an insurance company that terrorist if you decide to use your outside attorney then you should have to pay for it. Yeah, I think that I would
be interested in hearing uh you know from from Brad and from the manager when we put this on for discussion to say is this the way other municipalities do it because I think that that would be kind of a guiding a guiding light for us to do. >> Yeah. So I don't want to
I I don't want to forceall anyone on any further discussion that they may have on the topic because I want to be completely completely and clearly transparent and open with all of you because um I appreciate everyone just considering this. Uh it was you know not an easy thing for me to put on and ask
from this commission. So uh I appreciate everyone even just entertaining uh the the item. Um, is there any other is there any other discussion or any other questions that anyone wants to ask about the item before we move forward? Okay. Um, all right. So, uh, at this
>> question I'm sorry, I'm thinking this as you're pushing this through. So you need an approval of this now or can we have our conversation first >> about conversation about what >> about uh you know how I'm trying to understand is this something that the
um that we have to pay out of our pocket is something that the insurance I mean there is no way we can push through the insurance even if we have the conversation with them I'm saying bring them over and >> it's my understanding >> nothing can
back. They will assign from point A going forward but not turn around and reimburse. >> Okay. And so did you at some point reach out to them or there was no starting point? >> It was I didn't learn about the coverage until after I had already retained counsel and he had already started representing me.
>> That's what I figured. Yeah. >> Yep. Um All right. So, uh I'd ask at this time for uh uh votes from the commission on the resolution. I >> I >> I >> I >> so notwithstanding the the opinion of
the ethics uh commission on my lack of conflict of interest. Um given that we have four votes in favor, I'm going to go ahead and abstain. Uh listen to this commission. I I very much appreciate the support and I appreciate the the cander and the objectivity. >> Let's just be sure that that discussion
item is on the next meeting. >> Yeah. Uh Mr. manager. Uh, and I'm going to go ahead. Uh, Mr. Gilchinsky, thanks for being with us. Um, >> thank you, mayor. Thank you, commissioners. >> Thank you. Al, could you please uh make a note to put on a discussion item for
uh the December item uh insurance coverages and and I guess insurance coverages for for representation of village officials and village employees as well as uh uh kind of SOPs for how and when council would be appointed and
how and when um the village would reimburse any fees or just kind of a general discussion on that and Brad and if you wouldn't mind in advance of that discussion Would you be able to take a look at some other municipalities procedures on on how they how they do
just that? >> I'll see what I can find. >> Um, Mr. Mayor. >> Yes. >> Would you want our insurance carrier, a representative from the insurance carrier there to answer any of these
questions about delays or >> I I think that that would be helpful. Certainly. >> All right. if they can be available that would be helpful to have them aboard. >> Thanks Al. >> Thank you. >> Um all right so uh that's the last of our resolutions. So our first item on
old business um Commissioner Ams is is your discussion item on um TNVR partnership. >> Yes. Let me just ask that please. We have 20 minutes. Okay. All right. So, this should be relatively quick.
Um, so I'm trying to uh have the village somewhere um engage with the county on the program that already exists and that is available for everybody to use. Um I
did reach out to the county to see um how they would this would look like and basically they said it's a simple process for us to move forward. We just need collaboration with staff, code, police, public works so they can share
where the colonies are located um and create a base map because with that uh they're able to come into the village and do a mobile TVR. So, for those that don't know what this is, this is a pro this proven method. It's the
only method that's been um highlighted as a as a one that works and it takes years. It doesn't take one time. It doesn't take two times. It doesn't take one or two years. In Miami Beach, there was an overpopulation happening major
maj major issue and it took about 20 years to fix. So it's not something we're gonna solve here US and it's not going to be them coming one time and fixing it. But the idea is that is the kickoff for people to understand that there's ways they can fix the issue of
cats. Community cats is an issue per se in many places. The the county spends a lot of money than trying to to do uh well um and they've put those services at our disposal for no additional money. We're not cooperating in any way with
them. They use that uh what they have the resources to come and do it. So all I would need is just to connect with police code staff in general to get access to any complaints, any corners,
you know, from the police department if there's been, you know, a sighting of specific areas. I know we've had the issue of poison in the village. What area was that? So we can highlight it as a as a problem which I'm thinking that's what it was. And then what other areas I
did come to to to Rene and ask um one of the questions was some couple years ago we passed a resolution or the majority of the commission passed the resolution I was very much in a position with related to how we treat um community
cats in the village. Since then has been zero claims against that ordinance. Nobody has ever came forward to make a complaint, right? Because that was uninforcable. That's the truth. Uh nothing you could chase a picat to know who whose house it
belongs to. So the this is the first time we can do something that is a hands-on with the county on an efficient way that is already been working in other places. So all I would need is for the commission to be okay with putting those assets in place,
staff to engage uh directly with uh so you know with with animal services and and then from a resident engagement collaborate because a lot of them want to move forward. I mean this is an opportunity for them to help a lot of people that are community feeders
whether we like it or not they do exist and so um we need to embrace and see if they can help. We cannot call animal services unless those cats are hungry. Cats are not going to come out to be trapped. Unless they're hungry. So, we need to work with the community on this.
So, we need to advertise for this community event. Again, bring people. We can do a, you know, adopt a cat day. I mean, we can do several events. That's to be worked in in collaboration with the county. Then the sweep happens. It
is it ongoing. I put it as a question. Hopefully the the county can address this three times in a row and then we can assess a certain budget come the budget season to do an additional one. Maybe they suggest this twice is enough based on the community of cats. I don't
know. They they will be assessing how big of a problem we have. And the last but not least a major one is education and outreach. I don't know if you saw that some of residents put together a video about what not to do about leaving poison outside. It's not only bad for
other pets, um, but it's also a problem for any kid, any adult, anybody lingering around. So, education about this. They have tons of stuff. They can collaborate. We can put logos, you know, in in in coordination with the county and we can spread the word, website,
app, and all of that. So, that's what I'm asking is just your um agreement that we're moving this um sort of efforts around this happening. the next step will be for me to just help uh the village manager and coordinate with the county to ensure that we're moving this
forward and on my behalf I'll be doing engagement with the residents those that have reached out to me when the ordinance was passed a lot of people kind of reaching out for uh wanting to participate so my my job here will be to
promote it as much as I can >> yeah agreed um fully support it So I guess the the the request then is from direction from the commission to do what you just said. >> Yes. >> Uh and then ask uh and provide direction to the manager to to uh >> just to work in collaboration.
>> I do have one thing. Uh commissioner, you said that it takes years for this to yes effective. >> So three sweeps sounds great, but I think it should be something we renew annually. Uh maybe we could provide direction to the manager to uh enter in to see if if the county would be okay
with entering anou or an ILA. That' >> be great. >> Uh that we can renew annually that they will these services three times a year, twice a year, whatever they're okay with putting in writing >> and that something we can vote on. We can be transparent about it. We can we can say what their responsibilities they're they're willing to offer us and
we can continue to renew it so that way it's not something that just happens this year and then we forget about to ask for next year. We can continually renew it every year. >> Absolutely. If that's the only way it's effective is we got to go do this for 20 years, then let's put it in writing and let's keep renewing it year after year. >> That would be the hope. And and and
then, you know, again, not something is going to change day to night. And I want to make sure people get this. We're not going to fix cats jumping on cars. We're not going to fix uh I mean, we there is so much we can do. And we do this by
vaccinating and preventing those cats to continue to spread. That's it. and then adoption hopefully and then slowly we'll see uh the impact but I'm all in for that. Yes. Thank you. That's it. >> So I think that's consensus commissioner.
>> Thank you. >> Um all right great. Uh so our new business then uh moving on to new business. We have our for 14 14D was the one we moved. So we have A, B, and C. So 14A is our first one. This was the
change of the date uh for the special commission meeting to do the attorney interviews. Um All right. It's my understanding that you're going to be avail unavailable for the date that we orig What was the original date? >> 18th. 19th. >> 18th.
>> I have it down for the 18th. >> November 18th. >> So, when are you going to be out of town? What about the 24th? That's the Monday. It's a Monday. The 24th work for for everyone else.
>> School that day. >> The November 24th. >> What' you say? No. >> Let's not Let's not do that then. It's also Thanksgiving week that week. So >> yeah, I Well, so I thought the Monday is kind of close enough, but totally understood. The rest of that week, I
think, is kind of off limits. >> Friday night, >> that is the uh lunchon here. >> Oh, the holiday lunchon. >> Holiday. Okay, I got You're right. Lunch. Well, we could do I mean the the
following the following Wednesday the or the following well the following Tuesday is our December commission meeting. Um how long did we anticipate this was going to take us? >> Yeah, we we did. >> So, Mr. Mayor,
>> yeah, go ahead. Uh Mr. measure. >> So I I think you set a 15minute presentation and then 15 minutes for questions and answers. >> Okay. So it's not happening on the second. >> We were going to we were to space them
45 minutes apart just in case you went over. >> What about December 4? It's a Thursday. That work? >> Four works for me. >> Yeah. Good. >> December. December 4. It's a Thursday.
>> I'm available. >> What about >> December 8? It's a Monday. It's the following Monday. It's only three days later. >> Is it a a working day? >> It's a Monday. >> December 8th. It's a Monday. We got a We
got nods. Yes. That okay with everybody. December 8. It is. effect. >> Yeah, we six. You beat me to it. >> Well, we Okay. December 8 at six o'clock. Okay. >> How far apart did you say? I heard 45
minutes. Hope that's not >> Yeah, I think it meant 45 minutes per slot per firm. >> Right. So, we're going to um Mr. Mayor, if I could. >> Yeah. Yeah. So, we're we're going to 15 minutes for a presentation, 15 minutes for question and answer, but
we're just going to schedule them 45 minutes apart just in case you go over so they're not there's no run over. >> Okay, now I understand. Thank Okay. >> Never.
>> Okay, Mr. Mr. Mayor, just to verify that begins at 6 pm, right? Sorry. Go ahead, L. >> That begins at 6 PM on the December 8th. >> 6 PM on December 8th. Correct. >> Okay. >> Okay. Um All right. Great. So that's
14A. So our next item, uh Commissioner Ams or this one. Sorry, I don't want to I know you're scheduling. Um 14B, which is the discussion on the ILA. So uh this is your item. >> Yes. So I was just here nearly a year
ago. the village enter into an I have to read it because I don't remember where the village enter into an interlocal agreement with the county granted the the village authority to address certain traffic and safety issues while a formal process uh from budget into execution
may take another year. Many residents are requesting immediate attention to specific streets or corner. Staff is asked to outline how corners are currently being assessed, what data is being used to prioritize areas, and how the village might respond in the short
term. For example, through a town hall led by the chief to share progress, gather input, begin data collection, explore interim measures, aim at improving pedestrian and vehicular safety in the village. This comes about at some point where there was the
interview for the chief of police. Um I think it was to at that time acting police uh Rosero that I came forward and I said listen there is a a movement of people having concerns about certain streets specific you know uh areas where
they're asking either for a speed bomb or you know something be done for the safety whether people were you know turning around on the median and you know speeding was happening as at least of what they can see and so the question came about what's happening happening,
you know, and I and I put the uh I think I told you this, my first item was speed bombs at some point. Um, so that has been an issue rotating for a while. Now we have an ILA. Um, and we have the opportunity to place those speed bombs. I had asked the manager actually this
was I think I have to check the address and I think um Albert I don't know if you remember but he answered this was within his uh purchasing power to do but that we never ended up doing it. I think it was $250 or $300 for a speed bomb. I
don't want to say I'm I'm 100% that speed bomb is a solution. I'm all I'm saying is what are we telling people in the meantime? What I would hate to happen is this from now until this ILA is in practice, traffic study
is done, we have some elements in place, we have another accident on the same streets that have been reported to be an issue and then people had been requested. So those elements to be put in place just because we've been talking
about for two years as you heard the grant was supposed to be here in January 2024 and it's December 2025 almost around the corner. So we can't have another year or
two years to have something tragic come our way. So I want a proactive approach before we hit the road and implement measures after a traffic study after the grant has been given and so on and so
on. So what I'm hoping to have the conversation with the commission is what can we do? My approach was we could have and this is something you know I ran over the phone with the chief just to share my thoughts. Um this is what people are sharing. you know, can we put
together maybe something where the police engages and tells them what the operatives have been doing? You have just mentioned that um there's less traffic issues. I mean, at least they're requiring you to be putting people in
handcuffs, right? So hopefully that remains the same way. And this that's testimony to the effort. We need to make sure we address that with the residents. people need to know um that this is happening and I think it's a opportunity
to touch base on are there specific corners still of issue now that we have an ILA is it a something temporary we can do and an example I'll give is again my corner I have a speed bump it was requested by a bunch of residents and it
was placed under a pilot whatever that might mean I don't know um the same situation um happened some other place in the village another resident been mentioned. So is that pile of opportunity something for us to address in the meantime? Um and what would that
look like? Uh so that we take this proactive approach. So that's what I wanted to bring for for discussion to see what you guys think. >> So I remember from the ILA there were two discussions about data collection. So and chief this is this was a while ago. So for your benefit, the
discussions around the ILA was that there that we have more control over how we can place traffic calming measures within the confines of DOT and the county. You know, we have to follow their we adopted, you know, their their standards. Um and uh the discussion I
think where we ended up kind of dropping off was that we needed some sort of data to support where we would be placing those items. uh and there was it was my understanding which may be incorrect but it was my understanding that we could use police data as a metric by which we
can deploy traffic calling measures. So by way of example if you told us I've got in a regular amount of speeding on this road right here and it's way above and beyond every other road every other month that's a metric that we can use to justify a traffic calming measure.
That's yes if you if you wouldn't mind. Uh, and the counterpoint to that was that that doesn't really work. We need a we need a full traffic study. And I think we all understand that we do need an updated traffic study, but I was looking more kind of short-term, long-term, short-term addressing it
through other data points. Long-term through a formal and updated traffic study. Your thoughts? >> If I may, Mr. Mayor. >> Yes, of course. >> Um, I can only tell you from experience. When I was the chief in the city of West Miami, we had we have at least at when I
was there 27 traffic circles and those traffic circles got put in. They were put in with stop signs. Several years went by and the county went ahead and threatened to find us for
putting in stop signs at traffic circles that were not permitted by them. They came out with a memo, basically an order saying that no city or village can do anything on the street without their permission.
I went and I testified at one of the the hearings and I told them, "Please do not remove the stop signs, four-way stop signs from the traffic circles because in Miami, it is very typical. Stop means yield."
So when you put a yield sign, it means go faster. And I showed how many accidents we had, even with stop signs. The following day, I get a call from one of my guys on the midnight shift telling
me, "I got a counting truck out here pulling out all the stop signs from the traffic circles." And they went ahead and they pulled every stop sign out. And basically, they told us, "You need our permission." And too bad. So, you know, replace them with
yield signs. They're city roads and county roads. >> City roads. >> Do they have an ILA? >> Yes, we did. >> So, then >> they still control an interlocal
agreement doesn't give you authority to do whatever you want on your street >> because you have to follow certain specs. You have to get their permission. They have to have a traffic study. Once the traffic study is done, they will tell you whether they're going to put a
traffic light, a stop sign, a yield sign, speed bump. They're the ones that give you the okay. >> Okay. But so >> now it's been >> I'm confused >> in a year about the ILA.
Again, I can only tell you from my experience. I was a witness. >> Went ahead and got dressed, got in the car, went out, and basically they had orders. >> So, so then it's Brad still on the call. >> I am.
>> So, how how does that work with the ILA? I mean, we went through this interlocal agreement to get the opportunity to access to those decisions. I understand that we need to follow specifications by the county. We cannot build on on sand a
speed bomb, right? There are certain requirements, measurements, specs to follow >> and I understand there are attached to the ILA if I'm not mistaken what elements we are able to put in practice and what specifications to follow.
>> I think that's an answer for Brad. So we could So yeah, yes. >> So the ILA the ILA allows the village to install traffic circles, speed humps or cushions, um in street pedestrian crossing signs,
raised intersections or midblock raised crosswalks in in the in the village. Stop signs are a different animal that that's not something that you could install under the traffic ILA that you've entered into with traffic control devices such as stop signs, traffic
lights, u speed limit signs, th those don't fall under the ILA. There's a completely different process as the chief has described um for installing those items. But these traffic calming devices, >> right? Traffic calming devices, which are the ones that I listed, the circles,
humps, raised crosswalks, things of that nature. The the village can install that without the permission of the county as long as you file, I'm sorry, follow the um the compports and requirements of of the agreement. Um, there has to be, as
the mayor has correctly said, there there has to be some type of study using some type of data to determine that there's a need for those trafficcoming devices. And I I would suggest and I think this is the conversation the
mayor's addressing and referring to is that there would need to be some type of technical assistance as to what types of devices will will alleviate whatever the issue is that's identified from the data
and and the frequency of how the and where they're installed. But what the what the ILA does is it provides the specific specifications that the trafficcoming devices will look
like and be designed as um without having to go to the county and say, "Can you approve this diagram or these specifications for a speed hub?" That that's no longer required because we under the ILA.
>> Okay. So to your point of example, the stop stop signs of course will have to go through the county, but other measures could be within our authority to to implement. So I think at this stage what I would offer the commission
to think about and vote is do you feel maybe having this first meeting because a lot of people come forward with complaints as you know traffic but then uh we need we need them here. We need the data kind of, you know, pushed forward. It could be an opportunity to
have a town hall meeting in terms of police meeting with residents, gather data, bring everybody what's your corner, what's the the issue, do you feel is unsafe, to what extent? It might be there's three people and
this uh then can wait you know if that's what the majority feels or it could be that the three people are located within the same street and right there it's the opportunity to gather the data that you need. I think again I think what how I
put it here by a town hall how I envision this is when you have people come that state in itself you know that people coming forward saying we need some sort of measurement even if it's temporary to address issues that the
police might not be seeing 247 because you're not in the same corner 247. Um that's what I I was going for. I think it's critical to get uh resident input and do a some kind of a town hall. And and the reason for that is because you're you're not only going to get
people that want traffic calming measures, you're also going to get the others that don't want traffic calming measures, right? >> The ones Yeah. the ones that don't want Yeah. The ones that don't want to see a speed bump in front of their house. So, you know, I think it's important that we hear, you know, and at least give them that opportunity. like you said, there
may not nobody might not have showed up, but at least they've been given that opportunity to come and and and speak their mind. So, I think that's a that's a good idea. >> And you know what to add to that, Commissioner, is the fact of feeling we're doing something for it rather than
waiting for all the entire plan to be laid down just because it's taken a while to even have this conversation. And I think we owe it to residents just to listen and it might be again three show up. Hopefully it's not. I mean I hear from several of them but again not
all of them come forward with those concerns. So it's an opportunity to to talk about it. >> So I I agree what you're saying and what I think the way that I would envision this working is that we have the chief get with the manager and talk about the
format and how it would work and the date. most of course the date, you know, we've got holidays coming up, so I don't want us to to run into any of those and then lose the opportunity to engage with citizens. But at the same time, um, Chief, what I might ask of you is is if you have the ability, um, to look at
some of the data that the police has been collecting over the last couple months. I mean, we've got them on our reports. See if there's a way I don't know how big of a lick this would be, so I don't want to overburden you on it. Um, but see if there's a way to aggregate it to kind of pinpoint some of the more problem areas. We know where they're going to be. you know, we we've
got the main roads, we've got six, we've got griffin, we've got the the highering. >> Those Yeah, those are going to be the big ones. >> True. Correct. Yes. Absolutely. But they're going to be included in in in the data that they have. So outside of that, the interior streets um and you
know the pass through streets, the cut through streets, if if you in within your department might be able to kind of put together a snapshot of what you're seeing and where the tickets are being issued, where the violations are occurring, where the complaints are coming from, that might start providing us with an area that we can look at uh
while at the same time looking at when we might be able to have this sort of resident interaction through town hall, workshop, however it may be. >> That's not a problem. I mean, I can get the the guys to I mean, the tickets themselves will show uh you know, where
where we have the uh the most problems. Uh what I will ask is that maybe Brad find out and make sure because I've seen this war before in the county commission and sometimes I' I've seen where they have
not approved these speed bumps, >> right? And then speed bumps get put in and then they have to be removed because they're supposed to be with brick pavers and they have to be a certain width. And when you start getting into that now you're going from something that may
cost a couple hundred dollars like the rubber one that sits on that street which I've seen >> uh to something uh >> we're not talking about it does not exist. Thank you. And then and then it
turns into a $25,000 speed bump where you have to put brick pavers and have a slope and it can't be so high where it hits the bottom of the car cuz then the village then becomes liable for all the damage that happens to any car that belongs.
Yes sir. Yes sir. We have that problem with the circles. >> I think that's a a critical point too. you know, this is a this is >> I would profer that maybe the attorney should look into this, make sure let's make
sure before we go into an endeavor that ends up costing a lot more money that we're planning on a simple a simple rubber speed bump. I don't think everybody's going to be happy with that. >> Correct. So, yeah, and I think that's a very valid point. We need before because
what I would hate is that you have a town hall meeting, everybody tells you what the issue is >> and next you're you you can't meet expectations and we're just stuck with nothing moving forward. So 100% I think what can be done
>> and with that understanding having a conversation with residents to not overpromise before we have full you know capabilities, money, studies done whatever might be next. Yes. >> So, if if I may, Mr. Mayor,
>> just sorry, one second, Brad. Go ahead, Ryan. >> So, I completely agree. Uh, you know, uh, traffic caling measures is what got me to this dis uh, over a year ago. Um, but, uh, where we had a sticking point before, and I took me a while to find our ILA, but, I'll read from it.
Installation. Any such trafficcoming device may be installed by a on a local municipal street only after an appropriate traffic engineering study has been performed and signed and sealed by a Florida licensed professional engineer. So verbatim in there we have to have a traffic study. That doesn't
mean we have to do a traffic study of our entire village. That means we could if we narrow down to some locations we could order ask for a traffic study of just one road one. So I reached out to Miami Shores to see how they're doing it. They have a big push for uh speed bumps right now. They have the blessing
of they did a uh citywide traffic study. So they have suggested areas where traffic where speed bumps traffic caling measures are supposed to go in by their traffic study. We don't have that that uh right now. Safer streets for all hopefully will get us that. Uh but their
criteria is this traffic study asks for it on that street and twothirds of the residents on that block say yes. They have one block right now that the traffic study's asking for it. Twothirds of the residents do not say yes. They're not putting the the speed bump. Just one block over. They have twothirds of the
residents saying yes. Traffic study says no. They're not putting the speed bump. So there's there's two sides to this. Resident buyin as well as the traffic study. We don't have that traffic study. What we do have is our app. Our app already has a a a button in it where you can request a trafficcoming measure. So
even before we look for dates for a calendar for uh town hall, we could push out to the residents suggest a trafficcoming measure. If we get twothirds of the residents asking for that block or whatever number we think of, we can start talking about traffic studies on that block. That's something
that we can do free of charge right now. Tomorrow we can put a post out on our socials and say, you know, request a traffic common measure if you want. Start the conversation. I was really hoping this conversation would get started a long time ago and thank you commissioner for for starting it. Um, but to say we don't need a traffic uh
engineering study, it's right there verbatim, we do. I wish we did not because it it red tape and it put costs in this. Uh, also Miami Shores, they have piggyback contracts that we could or a contract we could piggyback off, but the price was around $10,000
all in installed signs. You remember there's also, you know, speed hump coming this way, signs and all those put in. It was around $10,000. The the manager had sent uh the prior police administration over to look at them and that's that's a kind of sticker shock there. But um I'm all in. I'm all for
it. I think we need to get that resident data because we right now >> to start narrowing down these locations and and see if if we don't get twothirds of residents saying anything on one block, then we know >> we don't have resident buyin. >> Yeah. Another another thing that we talked about, Ryan, and I don't think
you need an an ILA or LLA or whatever the hell that thing is called. um is uh uh speed limit signs, right? We talked about that at one point because there's a lot of streets in in this uh village that have no speed limit signs, zero speed limit signs. And while that might
not uh slow people down, I mean, at least they're they're there visually, too. Uh there are even avenues that have like hardly no speed limit signs. So, that's something that we don't need to I don't think we need to go to the You need to go for the You need to You need
a traffic study to put a speed limit sign. li speed limit signs have to be at a certain distance one from the other. >> Okay. But you don't need a traffic study to do that. I'm assuming not. >> I believe you need permission from FDOT. >> I think so. Something was mentioned
about that. Um >> I know because some >> they have liability. I think you uh you put anything next to the side of the road, they're going to want to see, you know, documents as to why it's there and how it's there and things like that. >> It's a curb liability. But I I I completely concur with you, Commissioner, that you know, that's
something that as we look at our our road system as a whole, safer streets for all is going to look at that for us and and identify, you know, our lack of sidewalks, our lack of speed bumps, our lack of uh speed limit signs, things like that. Um I I agree, but getting the resident data, you know, as simple as
it's on our app, just press the button. I did it. I tested it out to make sure it works. It works. Um I think it's it's it's uh needed. It's something we definitely need. uh and it can only help our traffic uh or sorry safer streets for all study. That's data that we can just hand over to them and they can take
a look at it. I'm sure. >> Yeah. >> So, >> is that recommen we were doing the same thing? >> So, I I think that we got a couple of three-pronged approach here. I think one I think Ryan your idea of of putting something out to the residents via the app the notification via the email list
that says you can we're starting to put together traffic data from the residents utilize the app utilize this section of the app. Um I would still personally I would love to see some of the data coming out of your department chief to see where you're seeing kind of the hotspots because I think that help guides it. Uh and then after we look at
those things we look at um we look at dates for kind of that town hall to continue to get resident feedback. But we've got to we've got to do those things before we get to that point. Um to to the point about the traffic calming measures and where we're allowed to employ them, it sounds like we're stuck. I remember we had this discussion. It's all kind of coming back
to us now because we did this a lot. Um and so I think we are kind of stuck there. I mean, I will still reach out to DOT and refresh this because I've had several conversations with them years ago about it. Um so I'm happy to kind of kick the kick the tires there and see what I can find. Um but I think that
those are the things that we start with. So the app will require some time for people to know that that's going if it's a data polling and then so that needs like a month two month I don't know that people kind of submitting has a time frames to collect the data and I was
going to say that a lot of people might not have the app so what opportunities that might you know come forward to the police department there might be a form they can fill out if they have to address something I'm just giving ideas as to how we can address also those that don't have access to the app uh there is
next door there is a website you know to pull a form but I love the idea of using our our opportunities for free that exists to capture and then when you have people engage hopefully with an email and number then we can do a meeting and
showcase and be like maybe the answer is we will have to wait two years that's what I'm saying so maybe that's the answer but I want us to provide some sort of a feedback at this stage so I think that would help >> commissioner Sure. Maybe if I uh I propose a a path forward is I think I
think I heard we no one has intention to schedule a town hall before the holidays is over. I think get through the holidays. >> Yes. >> Maybe a direction to the manager to staff is to push out that you can utilize the app to request a control measure. We'll put it for a discussion item in January uh to to
assess that data. If we're not getting enough data, we can always push it to February to our strategic planning and then we can utilize that data to then >> love that >> a step forward. >> I think February is going to be >> call to confirm the data or whether we just didn't get enough and and it's a mute point at that point. I think that
give give staff two months, you know, or more to get through the holidays, give residents plenty of time to digest the the message they got and to request those those locations and then we'll digest that in the new year. I think that's Yeah. >> Okay. Chief, thank you very much.
Commissioner, thanks for reviving this one for us. >> So, uh I know um Commissioner, the last discussion item is, uh is the is is yours as well. U we only got a couple of minutes left. Um very very quickly, I know I don't want to rob you of the
opportunity to introduce it, but I I >> I don't want to rush it either, so should I ask for 10 more minutes? Uh well I I was going to see if we could maybe jump out ahead of it. I know you were talking about what we one thing we had an approved evaluation form that we used in the past that the commission all
agreed to utilize going forward. Um I'm open to having those discussion about changing it but two um I think what you were asking was 6 months is in December which you're technically correct because he signed his manager signed his agreement for full-time employment in
August. It was retroactive back to June, which would then correct put six months into December, but I we really had a very substantive conversation about the manager, his performance, his position in August. So December would really only put us what four four months or so into
that. Um so while you're technically correct, it does go back to June. We had a lot of discussions about June, July, and August. Um, so what I would say, would it make more sense to look at this in February when we've been six months from the last time that we did an evaluation of sorts?
>> Can I introduce my item so that you can get context? >> Sure. >> Yes. Because um, >> commissioners, just so I don't have to interrupt you when you're talking, uh, motion to extend 10 minutes. >> All right. >> Just a second. All in favor? >> Goodbye, Commissioner Gonzalez. >> Thank Gonzalez.
>> So I So we did Hold on. I do the wrong. So my main thing is so I wanted to understand two things. A I had the date for December as our contract started in June. It was retroactive. And the second thing was okay what am I evaluating? Am
I using the same evaluation that we've had in the past? You just at least on your end that that's what we agree. And then the other is on what goals the manager was supposed to come to us with defined goals having had discussed this
with each commissioner. Did this happen with each one of you? Did you have a conversation about this goals? I didn't have it. So, I don't what what goals are we evaluating upon uh this this process and why didn't that
even happen? I mean, there was supposed to be a couple weeks after we signed the contract that we were going to have this conversation and I just want to understand if I'm the only one asking this question or this conversation has happened with each one of you except for me.
I think the way that I had understood it at the time um was that there was a slate of items in front of the manager. I and I it may have been I think maybe in the way that it was communicated may have there may have been maybe a miscommunication. This is again my own
personal interpretation um was that there was a slate of items in front of the manager uh that he had been working on that he'd been working on since uh the beginning of calendar 2025. M >> um I had the interpretation that these were the things that he would continue
to work on and that our budget would set priorities, our CIP would set priorities. Uh I don't know that now again that might that's my own personal interpretation of of what the manager's goals are moving forward. Um it's to advance advance those items that you
know that we've we've had discussion on. um >> with discussion on when >> during throughout the course of of his role as interim and moving through budget and CIP and strategic planning. Um and that's so I this is my own mental
kind of checklist I guess right certain things that we've identified in the past of infrastructure roads you know we talked a lot about that we've got something on our agenda that we approved tonight for road paving we've started those things so this is kind of where it's again this is in my own head and this is where I see the thread going I take these items that we've discussed in
the past and I'm kind of mentally tracking where they're going as they come before us. So again, I I >> probably different um but that's that's just my own personal understanding, interpretation of of what the manager's goals are and how he's going about.
>> Mr. Mayor, if I will, um if you refer back to the manager's uh employment agreement, it spells out exactly the evaluation process and what the form is, what we are to evaluate them on, uh how to do it. It's all spelled out there. uh and it's very specific if you see that
we uh evaluate them on the goals that are established through strategic planning. So through strategic planning we ad established goals that we adopted when Herb came and presented them. I know commissioner you had some questions of what those goals were. Um but that that was the adopted strategic goals for
the for fiscal. >> When were those approved by what vote? So here's the thing. So you you've heard by >> at the meeting we >> meeting which was not under sunshine. >> Um and that's in his agreement that we'll that's our evaluation. So if we were to
>> there's no goals. I understand what you're saying but Ryan let me let me read to you the minutes that were added of that meeting to this agenda which I didn't finalize. The commission discussed and agreed to implement a six-month evaluation for the city
manager first year followed by an annual evaluation thereafter. They decided to ask the manager to present his six months goal at the August meeting. The commission also agreed to use the same evaluation form they had previously used which adequately addresses the
requirement section 14 of the contract. They confirm that individual commissioner evaluations are to be conducted in person with each commissioner meeting with the manager to discuss their completed evaluation from the last 10 days prior to the public
meeting. So we talked about having him come forward with us. He asked of me to provide what my objectives were and I did. I haven't heard since. The idea was that it was agreed and the meeting is to
be heard on video. I mean I don't know it's it's on the minutes here. We told the manager to come back with those goals so that we can make the assessment because that's my question. My only question is what am I evaluating against because we had to have a combined set of
goals he was to present to us which it's fine if he comes forward and it says this is my goals and this is what I would like to be measured against. We needed to agree as a commission that we all are on the same basis. Otherwise on December, you're going to evaluate one
thing. He's what are we evaluating against? I have issues about February being dictated that meeting that happened not under the sunshine as something that everybody voted on to move forward to evaluate the manager. That is incorrect. It shouldn't happen
that way. And it was addressed during our negotiations that it was going to happen through individual conversations to be had. And I think it's appropriate for any any staff member to understand what their goals are that I as a manager need or supervisor in this case need to
evaluate. So that's what I'm asking. I'm asking what goals are you guys going to evaluate against? At least I need to be on the same page because I don't know what those are. And again the ones that were presented were in February when he was an interim
manager. That's why in June when we approved we said you need to come back to us and and we had issues of performance. It was serious issue of performance. I just brought up an issue of public records and the fact that it's not being contemplated even what was
discussed as a commission is a problem. So what how do we move forward so that I can provide feedback? >> Commissioner, you and me have different regulations of uh the February meeting. I thought it was a great meeting. I thought we uh established goals for the the fiscal year and I know the manager
is working off those goals. I've seen many times he refers back to that list and yeah and he uh used that as his marching orders for the year and I think that he's doing a great job at that and that is will be how I will evaluate him is on those goals. >> Okay, that's what I wanted to know. So you're evaluating on those goals. Okay.
Can I have some feedback on the rest? I just want to understand where you're evaluating him on on this uh December, February, whatever the majority decide. I'm I'm fine with whatever date. >> Uh so mine's a little bit more broad. I think
it's a little bit more broad because the role of the manager is is more than just achieving these things. Uh which is why we used that that that form in the past. Yes. >> Um because it's, you know, it's things like communication with residents. It's things like you're working with staff. It's it's a general kind of larger view
of how is this individual in the manager seat performing. >> Um so I I would look back at that because that provides each of us an opportunity to say how is the manager performing in in all functions of the role of a manager. Uh but also on that
point to the point of I look back at our strategic planning session back in February. I look at it in conjunction with our budget and our CIP because my recollection of that meeting was legislative with priorities was not these 1 2 3 4 these things are getting
done. It's where can we focus? There's a lot we have to do, but where can we focus >> and infrastructure was one of them. Uh which I remember very clearly like we're going to try and work on the roads. We talked about bonding, you know, to get them all done, but it was we need to make progress on some of these items. Um
and that was I think echoed in, you know, I'm looking at our CIP from our budget period now. You know, these are are projects that we as a commission have agreed we want to move these things forward. We don't move these things forward. the manager moves these things forward. So I look at our CIP and I say
what in this CIP has he worked on? What has he achieved? What's the status of them? And then generally generally all around because again I feel like those items that were set forth in the February, you know, kind of priorities meeting are really reflected in the CIP. Uh and then again all around um how is
this individual performing in the role of the manager. So I think that it's it's not just a one or the other. I think it's kind of an all-encompassing. We are evaluating the individual who is our village manager. So I would see it as I would see it as is personally that's how I would be evaluating. >> Okay. So each one of us come with their
list basically their approach. We're not going to have a one >> I think that's fine. I mean we have to find some cohesion between how we're doing it. Otherwise you're going to get five different approaches and five different evaluations and one person's can be great and one person's can be well I'm didn't evaluate on any of those. So I think what we should do is
um you know respectfully I I agree with you 6 months from the effective date of June is technically December but we've had a lot of discussion about the manager and his his performance in August which was only a few short months ago. >> So I think that the way for us to do it is let's set an agenda item for December
where each of us is going to come and we'll let Art know where each of us will come with these are the things that I think we should be evaluating the manager on. we're going to have to come to some cohesion on what we're going to do. Uh we come up with that form the way that we've done in the past. >> Yeah. >> Uh and then we set a date and a time to
do it. I think that's probably the only way we're going to agree. >> And I'm with you. I think it it's a combination of the form we already have, which will be by contract, how we evaluate it, and that's very clear to me. I wasn't sure about the six months because it's a short period. Obviously,
you're not going to measure against a CIP. I mean, it's just started. So there is a broader spectrum to have. So I just want to be in coherence with everybody and not come with a list of things or not measure. I was only part of one day of that meeting um where you all met.
Again I'm not okay with it not being in the sunshine. You all shouldn't either. It's by law required. So you know it's needed to have the conversation publicly agreed on certain terms and move forward as a commission. I think that's my I think that's where you're heading and
I'm 100% on board with that and I'm okay with it being February or March. I it doesn't need to be December in my perspective since it was signed in June. It was supposed to happen in in December, but I'm okay with pushing it after. >> And I think to to the point that Commissioner Huntington made is that
there is some description within the evaluation section of this agreement that says specifically what we evaluate, how we evaluate it. Mhm. >> So we can compare that to the form that we've used in the past >> be part of it because there can be a lot more things. >> Well, it has to be it has to be part of it. It's contractually part of it. So we
make this part of it and say how does how does our evaluation process stack up to what's in here to make sure that it conforms to it. So I think that that's probably the way we have to do it. And you know, Brad, we're likely going to, not likely, we're almost almost certainly going to need your opinion to
make sure that we are, you know, adhering to the contractual requirements of section 14 performance goals and evaluation processes, >> uh, to make sure that the process by which we evaluate the manager conforms to the contract. >> That's not the only thing that we evaluate them on.
>> Well, no, it's it's it's this is it's broad. It's it's broad. >> That's why I I was hoping to get to somewhere, but that that's it. I think that's good. if we have it as an item come back for for us to discuss. I think that's probably the best way to do it and we will we'll come with our ideas on
on how to set that form and and what benchmarks we use and it'll have to conform to to this version or or this >> I also want it to be where we don't have to only follow that because the last time I was on the commission I did evaluation the city manager I basically
didn't do it follow step by step by form it it was done basically my interview with him talking with him how he handled other stuff as commissioner saying I don't want it to be a straight form. >> No, there will be narrative places for for people to provide their their interactions. I mean, that's part of
>> spells out that there's a valuation portion where you can write in >> Yes, correct. And I think the first sentence of subsection B of that paragraph talks about where you can put in your your kind of narrative evaluation. >> And commissioner, it uh spells out that you you're to have a meeting with the
the manager to go over your evaluation. So that's another great opportunity for you to go over your interview points and go over with him and then you can present those publicly afterwards at the minute. >> But also you present it publicly because that's what I did. I present publicly. >> Uh for me I'm completely fine with pushing it back. I think you know I
think you're uh playing with a stack deck with and he's operating under a budget that wasn't his. you know, he uh inherited a budget that was in disarray, and I think giving him as much time as as he can under the new budget just reflects a more accurate representation
of the manager. Uh so I'm completely fine with pushing it to a February tentative date with a December discussion item. And I I personally take it as a lesson for our strategic planning come this February that I'm super excited for uh to establish those goals and objectives at that meeting. So
that this is more you know, this agreement wasn't in place then. So now we all can take a lesson in and say, "Okay, >> let's take five minutes in that in that meeting, establish those goals now." So >> before it's next evaluation, >> you don't have to do this next December. >> Perfect. It's 10:13.
>> Thank you. That was I appreciate. >> Okay. So we'll come forward with with December on those items. Um all right. So we have a couple items that we will request be placed on our December agenda. And at this time, I'll ask for a motion to adjurnn. >> Motion to adjurnn. >> Second. >> All in favor? Hi. Hi. >> Hi.
>> Thanks everybody.