right here. Okay. All right. So, let's call this meeting to order. Uh 6:15 December 2, 2025. Uh, Biscane Park regular agenda, a regular commission meeting. Um, madam clerk, would you please call the role
for us? >> Is it YouTube? Can you mute the speaker so we can try to get to the All right, the camera's up. Madam clerk, would you please call the role for us? >> Here.
>> Vice Mayor Samra >> here. >> Commissioner Ansler >> here. >> Commissioner Gonzalez. Commissioner Huntington >> here. >> Mr. Mayor, you have a quorum. >> Wonderful. Thank you. So, thanks everyone for being patient with us, boys. Thanks very much. You've done very well so far. So this evening we have Cub
Scout Pack 305. Our Tiger Scouts here to lead us in the pledge of allegiance to earn themselves their citizenship belt loop. So boys, what do we do first? Ask everyone to what? So let's all stand up. Okay.
Take our hats off. Where's the flag, boys? Nice and loud. Okay. >> All right, boys. Who's going to start? I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. >> Good job, boys. >> We're dismissed. Yes. All right, boys. Well done. >> Thanks everybody. Thanks for coming.
>> Mr. Den Leader, >> thank you. Are these serious? >> Somebody saying goodbye. >> I bring this home later. >> Oh, I know. >> Oh, okay. Okay. All right.
I think we're ready. Um All right. So, let's go ahead and we'll move on to our additions, deletions, and withdrawals. Um, I'll go ahead and ask the commission at this time if there are any. >> Yeah. Yeah. I have just have one um to uh um to have a discussion on 9B. I
approve of the contract as I talked sorry, I talked to the uh city manager about it. I just want for transparency that the residents know what the contract is all about with the new chief. So, now I'm in support of it, but I just think we should have a discussion on it. the uh 9B the hiring of the chief
of police >> 9B >> right Mr. Mayor. >> Yes. >> So al also on on um I would like to move 9D off consent. We have some discussion we need to provide you some additional
information that we've obtained. Um and also 10A the um second reading of the construction on federal holidays. if we could defer that to the January meeting to allow the co-compliance board an opportunity to uh weigh in on it and add
their comments on that ordinance. >> Okay. So that's 9D delta and 10A correct. Well 9D removing from consent and 10A we're deferring. >> Yes. >> Got it. Okay. Uh any uh commissioner I know you had a couple of items. >> Yes. >> Go ahead.
>> First so let me start with the agenda that we have. I'm going to pull from the consent agenda. Um, A B C D N J. >> All consent. That's all consent, right? >> Yes.
>> A, B, C, D, J. >> Yes. You have several in the middle. Um they're going to pass. >> Great. >> Um and then I have two items um that I was told I presented late which I didn't
um that I want to be included in the agenda. I'm hoping you all have uh read and take the opportunity to know what this is about >> the discussion item. >> Yes. >> Okay. So um our adopted agenda procedures I
believe is resolution 2025-48 requires submissions from the commission 10 days before the meeting date. I submitted my items on November 21st close to midnight which uh meets the
10-day rule actually a day prior. the village manager's decision not to include it is inconsistent with his procedures particularly for an item involving a charter responsibility of the commission like hiring a village attorney which is
one of the items that I have introduced. So I'm asking the commission to allow these items to be placed at the end of the agenda as new items. >> New business. >> Yes. >> Okay. Um I I don't have any issue with it.
>> Mr. Mayor, I'd also like to pull item uh 9F from consent agenda. >> 9F. >> Yes. >> Okay. So uh so let me just back up one second. The the additional discussion items that
Commissioner Ams asked us to consider this evening, is there any objection to adding them to new business? >> And sorry about that. I'm going to include only one of the two items. I'm going to move the sunshine item for the January meeting. Okay. >> I'm gonna just include the attorney
discussion. >> Got it. Okay. So, the one discussion item is any objection from the commission >> hearing? None. Okay. So, we'll add the attorney one to new business. And so, so far uh well, let me just wrap this up
first. Art, anything? Okay. So I have uh as uh for the amended agenda I have uh moving pulling from consent uh 9 a b c d f and j and then deferring 10 a and then
adding the the discussion item we just discussed. So I think that's everything. Um do I have a motion and a second to approve the agenda as it's been amended? >> Motion to approve. >> Second it. >> All in favor? >> I Okay. uh amended agenda has been
approved. So let's move on to our presentations which is uh our lobbyist Mr. Casserta who I believe is on by Zoom. >> If I can be given one second. I've been trying to connect to the Zoom u successfully. >> Hello. Can you hear me?
>> We can hear you, David. How are you? >> I'm doing well. I'm uh going to do my best here. I'm at an airport getting ready to hit a catch a flight. But uh uh tonight um our representative Joseph and Senator Jones were supposed to be with us, but they had pres-scheduled events.
Uh but they would like to try to come in person maybe in January. Um you know, prior to session if they can. Uh but I'll uh I'll try to just go through a quick scenario of what um you all uh probably have been hearing are going to
be the bigger items for uh cities uh this session which is the uh property tax exemptions um that were proposed um actually initiated by the governor proposed by the house and being discussed in the
house and senate. Um so I is it okay for me to move forward here? >> Go ahead. >> Okay. So uh basically um as you all know every year uh the uh cities and counties
always get bombarded with you know mandates and and bills trying to take the power away from from each. Uh, and we do our best to work with the Florida Association of Counties and the Florida League of Cities and ourselves and some of the other uh, consultants to uh, you
know, water down a lot of the stuff or get rid of them or uh, do whatever we can to protect the communities and uh, we've done a pretty good job over the years. Uh, this year uh, the big issue is obviously going to be the property tax um, proposals. As you know, I sent a
report out uh probably a month ago or so just outlining the uh eight uh property tax bills that have been filed by the house and that was a result of uh as as I sent before that that they were getting together to do the property tax meetings. They set up a committee uh at
the time Vicky Lopez was heading up chairing that and uh basically they went ahead and met uh over a period of time over the summer and uh came up with these eight uh they are house bill 2011 which is a full elimination of the
non-school property tax homestead which is obviously a full uh elimination which uh I'll talk about in a minute you know uh because today they had uh meetings in the house to run these uh these property tax um proposals through the process and
uh many people got up and gave the pros and cons and I'll try to just quickly go through those in a minute but that that's the first one. Second, you got House Bill or HRJ 203 which is a phase out elimination of the non school
property taxes. Um, then you got HB 205, which is the uh elimination of uh of non-school property tax for homesteads for persons age 65 or older. Um, and then you've got 207, which is
the assessed home value homestead exemption. It's proposed to add homestead exemption for levies other than schools equal to 25% of the remaining assessed value after applying the existing exemptions. And uh many of these will prohibit um you know the uh
counties and municipalities from uh defunding or or take reducing funding from law enforcement. So you know they try to they try to say you're not going to be able to reduce funding but the thing is it takes money and the tax base
is what you know we all rely on. Um so uh the other uh four are um the house bill 209 which is the uh um proposed amendment to uh increase by 100,000 the
exemption for homestead property for all adver school district levies um for properties that have full property insurance. Um, and today that was being discussed as well. And a lot of the folks are saying, well, why are we
protecting the why are we forcing people to get insurance and protecting the insurance companies? We're trying to reduce insurance for people. Uh, because that has been an issue for for years now. Um, then you've got HB211, the Save Our Homes property tax benefit. Uh,
basically um to increase the maximum value of the acred Save Our Homes benefit, which may be transferred to a new homestead. Uh and then two uh how HRJ213 modification of the limits uh limitations on property assessment.
That's to modify um both homestead and non-h homestead property. Um and once again prohibits the counties and municipalities from reducing total funding to law enforcement. Uh and finally to uh 215 revises the home our
homes portability benefit to married persons establishing a joint homestead. So allowing the the joint homestead in this case um and it prohibits an increase in the prior year's adopted mill rate from going into effect unless approved by a vote of the people. So as
you can see there um what what has happened um folks met not a lot of times this is really really important issue. So, a I'm not sure how much data has been produced. Uh but the counties and
the cities have been doing their best to uh try to put numbers together and uh it uh based on these different proposals each having different impacts. Um it is a substantial impact and um today in the
meetings um several of them uh were were passed but were discussed and some of the things that were being talked about uh specifically like on the save our homes um issue is that uh you know people there's so many issues that the
the the legislators are saying well we want to just let the people decide and that's one of the things where, you know, if you let the people decide, hey, free lunches, free tuition, free whatever, yeah, we're going to do that, but they really don't know the ramifications. They don't know uh the
components. So, it's going to be too late after they vote for it because then it's it'll be up to the legislature to set the guidelines uh for that. So, that's why this is a could be a potentially dangerous um situation that the entire state could be in uh many of
the communities. The other thing which I thought was interesting um was uh you know people when they live in cities they choose to live in cities because uh there's better services in most cases and so when this hits all of a sudden a lot of these services are going to be
reduced what happens there um they're talking about $18 billion dollars of impact. Uh they're talking about 411 municipalities will be impacted. many of them might go bankrupt on some of this because of the unknowns.
>> Um and is my understanding that um most of the cities and whatever about 70 upper 70s uh of the property tax are used for um you know revenue so vital services, roads, emergency services, law enforcement. So all of these are going
to have an impact. And even though they say that the sales tax might, you know, is going to make up the difference. They still, I don't think, have gotten or come up with a number uh of what needs to happen there uh to to cover any differences. And as you all know, sales
tax fluctuates, so you can't not not really reliable. um one of the uh thought processes from folks um and once again the Florida League of Cities, the Florida Association of Counties and many others opposed every one of these. Um, one of the things that was was brought
up was um the uh next year the constitutional tax budget commission meets on the constitutional amendments and they thought that this would be a great you know item to have that commission discuss over a period of time
so that we have good solid data from the and input from the communities from the counties from the cities on the numbers and the impact so that whatever proposal is made it's going to something that's achievable. And so that was something that I thought was uh was an interesting
um idea that a couple folks came up with. Um you're talking about, you know, depending on the different levels of the proposals each have different ranging from 4 billion to, like I said, $18 billion in impact. Um loss services,
recurring dollars will uh will be lost. Um, there were a couple of folks that said all all of this occurring and just maybe a $10 saving to the residents. I don't know how accurate that number is, but it seems uh that uh the pro
opponents proponents of it think that there's about a $3500 benefit um to each resident. But still, is that worth the potential of, you know, what's going to happen to property value? what's going to happen to
services, what's going to happen to law enforcement, firefighters, uh the ability to to keep the community clean, the keep the parks open for the elderly and for the kids. Um so there is a lot uh going on right now and today, you
know, obviously they went through um the House, the Senate hasn't really discussed anything. They've been probably talking with the governor. I don't think the governor's come up with any proposals yet. So, in the end, I'm not sure exactly if this moves forward or whether this is just a game of throwing this out there and having
discussions because this is the same legislature that we had last year and last year we went into three overtimes. So, I'm sure there's going to, you know, be some some issues still this year um uh and and beginning with this. Um, so I
know I run through quickly, but once again, because it's still a lot of unknown and still a little early yet, um, I did give you, uh, some of the, um, you know, conversations that were had today in the meetings and some of the folks, uh, you know, the counties even
said that what they might have to do is, uh, if the voters vote for this or before the voters vote for this, reduce their budgets as if it's already happening and then reduce the services so that they'll get an idea of what is really going to happen before they vote
on it, which I thought was kind of interesting as well. Um, let's see. Uh, I think I've hit a lot of the uh the key points that were made today um with the pros and cons of uh of
these eight bills that are coming across the table. And uh obviously the big factors are, you know, do we have enough information for a voter who comes out and really doesn't do their homework to say, "Hey, yeah, let's put this one and this one
and this one." And then before you know it, few years down the road, they're sitting going, "Well, wait, where's my services? Why are the garbage garbages getting picked up and all that?" And then you've got to explain that, "Oh, the legislature from so many years ago did that." But anyway, this is something
that needs to have some major dialogue. I think the both houses need to really come together and make sure this is something they really want to do and that they've done their homework on it. Um, and then obviously you have uh some of the other bills from last year. I know uh Commissioner Amsor, you were
interested in the sovereign immunity. Uh that's up again. House has got the same proposal. they want to increase to 501 million um which obviously impacts counties and cities drastically, you know, in the events of lawsuits. Uh but it's we've always fought that and the
Senate has never really had a big pallet for it. So that might be the case this year again. But that in a nutshell is what's been happening up in Tallahassee. Well, David, thank you um for the substantive update on what's going on up
there. Um would you mind just very quickly, you know, I don't want to uh I want to give the commission an opportunity if they have a question for you, but um I do want to keep us moving. Uh could you very briefly touch upon um the the municipal legislative priorities
with respect to appropriations because we're coming up on that. >> Sure. Um uh based on what I've been given, I've had you know conversations uh with the manager. Uh the two proposals that are up uh this year are one a study for septic to sewer uh which
uh obviously a lot of the communities are have been moving forward with. I know I think a couple of the other one neighborings have have done it in the past year. Uh and so that is going to be a $150,000 request. And there's also uh something that I think my understanding
is very important to the council is the parks um equipment uh playground equipment uh for 150 and we have uh some very you know strong sponsors on both of those. Uh we have uh um so so we believe
uh you know that we'll we'll when y'all whoever comes up this year uh we'll be able to get front of uh uh the House and Senate and talk about both of these projects and um and hopefully uh we'll have another successful year like we did last year.
>> Thanks David. And just I I I know I touched upon this um I think uh at the November meeting when we started talking about the the session being earlier this year. >> Yes. >> Um that the tenative dates that we're looking at right now to plan to be up there. Well, you and I discussed about
the dates to be up there. >> Um and just was January 11 to January 14 with a with a couple of days we were looking at. >> Yeah, I would say I would say the third week of January because session starts I think I want to say is it the 12th? Let me uh let me just make sure I have that
that number correct. Hold on one second. Um yeah, it's the 13th is when session starts. So I I would probably look at the week of the 19th or 26th. >> Okay. Well, the 19th is I Well, I don't
want to get into into too much back and forth on scheduling. The 19th is is Martin Luther King Jr. Day. >> Well, no, I meant the week that week like the 20th 21st. Yeah. Sorry about that. >> Okay. All right. So, either the back
half of that week um or or the following week. Correct. >> Yes. >> Okay. Okay. Great. Um All right. Uh uh David, I I very much appreciate the update. Um I'd like to give the commission opportunity if they like to ask um Sure. any questions of
you. >> Yeah. Passgers. >> Are there any questions for David while we have him? I don't have any. I was just going to ask if there's anything you need from us in the midst of all discussions that are happening
regarding the um you know the the tax uh law that's being reviewed. Is there anything we need to do from our perspective? We just leave you alone and Jonathan to go at it. Um >> what what is what is needed from us? And
and I'm thinking also in terms of all these numbers that are materializing, you know, what the impact is. You can imagine for us what it could be. >> Well, that that's the that's the other thing. You bring up a good point. The other thing is the communities that don't that just rely on this. They don't
have a commercial tax base and if anything like that, they're going to get hit >> harder because, you know, then all of that revenue is potentially tapped into. And so these are the kinds of things that, you know, and and here's the good thing with the Florida League and the
Florida Association of Counties, you know, they're they're wrapped around this. They get they get information from us. They they whenever they need, you know, folks, uh, then I'll I get to you and say, "Hey, you guys, you need to you need to write, you know, some letters on this issue." But right now, they're in
that dialogue stage still showing them the numbers and saying, "This this can't be real. You can't be really doing this, you know." So, and like I said, it's it's to a point where the Senate really hasn't done anything. It's just the House that's been moving this because they're the ones that created that special commission. Uh, and then and
once again, the governor, I don't think, has come up with any proposals yet either. So, um, >> so to the point, um, David, nothing in terms of numbers. You need like no scenario for us to show what any of this bill would look like for the village to make a point. Well, you know, if you're
able to put numbers together, I'm surprised I I would think that the Florida League has already reached out to a lot of folks. I'm not sure. I'd have to uh defer to the manager on that. But if not, and you certainly have the numbers, you know, based on what their
proposals are on each proposal, it would be nice to know, you know, and and and the Florida League should have that information because they'll compile all of that and and you know, I think they might have done their homework too already on on a lot of that because they've they've made some really good
presentations and some good arguments. Yeah, >> I I can actually answer that. Yeah. Um, we recently, actually yesterday, received a letter from Mayor Cava. >> She was asking um the the League of Cities to put together a countywide mayor's meeting on December 15th. I've already put it in my calendar to be
there to to give kind of an initial presentation of how these significant revisions of the property tax would impact us. And I had this discussion um at the District 4 mayor's meeting with um Commissioner Steinberg where I said it just it would completely devastate us. It doesn't I don't know it needs to be I don't even know that we need numbers. I think just say it would
completely devastate >> then it would be like 90% of the entire >> it would need to be a municipality. Yeah. >> So, so yeah that was my my question. If numbers help to make the point that for us is devastating. I mean maybe that helped but I'm happy to hear that's
already in in the works. Um David do you provide any in writing of what you just said? I didn't take notes of everything you said. >> I just the basic I will at some point provide back like a report and written report so we can keep in track. Yeah, I'll do that. I'll I'll I'll give a
little written report of uh a lot of what I said. The first part of that you have I think it it was I sent to you about four weeks ago or so, which is the different proposals that you could actually look at the bills, the analysis, but I'll send sort of some of the arguments that have been made and,
you know, the efforts that are being made to to address this. I'll certainly uh put a report together for you on that. Absolutely. >> Thank you so much. >> Yeah, absolutely. >> Uh any other questions for David? No. Um, all right, David, thanks so much for your time. I appreciate you logging in
while you're sitting at the airport and making time for us. So, uh, we appreciate it and we'll be in touch with respect to, um, the property tax revisions and as well as, um, planning for the, uh, for the session in January. >> Always enjoy working with you guys, with all of you. Um, and, um, you should let
me know whatever you need and, uh, I will hopefully see you soon. >> Very good, David. Thanks so much. Have a safe flight. >> Thank you. Thank you. Uh okay. So let's um that concludes our presentation. So let's move on to um our
next item which is public comment. Uh we will start with our public comment here in the log cabin. We'll move on to Zoom. Uh for both in person and on Zoom. Uh please remember that uh uh public comment is limited to three minutes and please provide us with your name and
address. So we'll start here. Bob Anderson 11905 Northeast 11th place. Um I what I understand is something new is going to be added to the agenda. I'd like to I think the residents here ought
to get a copy of it. Maybe we would might want to make a comment, public comment. We haven't seen it. We don't know anything about it. I think it's I think it's wrong. >> I'm sorry. What was that again?
>> What was added to the agenda? That's not on the agenda. >> Yes. >> None of us sitting here know anything about this. >> Yes. >> Never had a chance to even look at it. >> Correct. And maybe we would like to go ahead and make a public comment, but we're unable to because we don't know
anything about it. Never seen it. Maybe we can get some copies. >> I think it's wrong to go ahead and be springing stuff like that on the public. >> Great point. Any other here in the log? Kevin
once going twice. No. Okay. Um All right. Um if uh there are uh any members on Zoom that would like to provide public comment, if you wouldn't mind raising your hand and the clerk would ask to uh to unmute. Okay, seeing none.
Okay, so we'll close public comment at this time. We'll move on to our commission reply. Uh, do any of the commission have a reply to public comment at this time? >> No. >> Okay. Um, all right. So, our our next
item is uh is our reports. Our first report up is our village manager report. Uh, Mr. Manager, are you prepared to go move forward with your report? >> Yes, Mr. Mayor. Uh, good evening, Mr. Mayor and village
commissioners. Um, first, I'd like to thank uh John Jenkins and his team for um the festive look for uh the village log cabin here tonight. Thank you so much for uh getting putting this all together and and sprucing it up on the
outside and also on the inside uh during this holiday season. Uh also I'd like to get thank again the mayor commission commissioner Gonzalez commissioner Huntington for their donations for the employee Thanksgiving lunchon that was held on Friday, November 21st. Although
I was out of town and was not able to attend, we had many of our employees attend and said they enjoyed the lunchon. Uh, also we received a generous donation from one of our residents, Laura Graves. The donation from the donation we were able to give out uh
turkeys for every employee and that $25 gift certificate for Thanksgiving. Uh, I want want to wish her uh thank her again for her continued support of our employees and uh for all that she does for our village. Our strategic planning
session for 2026 has been set for the afternoon of February 13th and Saturday uh February 14th. The planning session has been placed on the village ca calendar on the on the website. Uh I look forward to another productive uh
session with our our strategic planner Herb Marlo. Uh the special a special meeting concerning the village attorney selection process is set for December 8th at 6 pm. That agenda has been set out sent out yesterday and has been posted on the website. Uh tomorrow I'll
be attending the Miami Dade Historic Preservation Board meeting. Uh attending the the meeting with me is our code compliance director, our building official. Uh on the agenda is the bee house on 121st Street. The staff at the historic preservation board are are
recommending denial of the application for historic designation of the structure. Uh on the um upon the completion of the hearing, if they deny the application, we'll be moving forward of the demolition of the property. Uh, one of the LTC's that is attached on
the agenda this evening gives information on the final report from the Florida Division of Emergency Management that I've been working on since I first started to work in the manager's office. We were able to have the final report rewritten from the first draft
that recommended from the state of Florida to FEMA that the village repay an overrun cost of $63,700. The final report makes a recommendation from the state to FEMA of a cost overrun of $6,6435. Uh we were able to accomplish this with
the assistance of Kimberly Carpenter from BCP Peabuddy who was one of our vendors during uh during the hurricane and she was actually here on the ground um Miss Kane Park uh during that during her whole cleanup effort. So she had uh
firsthand knowledge of the event that was really uh uh crucial and and in and submitting that final report. Uh respect for the upcoming holidays. Uh closure of city hall uh during Christmas and New Year's break were occur on
Christmas Eve, Wednesday, December 24th. We'll be closing Village Hall at noon. on Thursday, December 24th to December 25th, Christmas Day, and Friday, December 26 will be closed. Both those days, Village Hall will be closed for
New Year's res hall. And then January 1st, uh, New Year's Day, and January 2nd will be closed, uh, the entire day. The parks and parkways advisory board has scheduled a field factf finding event to look at potential locations to
plant new trees. The board is asking for input from our residents. Uh the board will be at the following locations on December 9th at 9:00 a.m. at the medium of on 118th Street and 7th Avenue. Uh December 13th, 9:00 a.m. at
the medium of 118th and 7th Avenue. again uh in December 20th, 9:00 a.m. at southwest corner of 113th Street. Then 9:00 a.m. where uh they're asking all all our residents to come out to give input on the planting of the trees uh
that we hope to get from our our grant applications. Uh Mr. Mayor, that's the end of my report. I just want to wish everybody a very merry Christmas and happy new year. >> Thank you, Mr. Manager, uh for the update on the report. Are there any questions for the manager uh on his
report at this time? None. I do have one question for you actually, Al. Um I was actually going to to bring this up um uh on your second discussion item. Um but I was wondering and I didn't um approach you with this before, so I'm kind of putting you on the spot, but I'm wondering what the
status is uh of the hiring of the additional administrative employee, the assistant clerk position. And I I don't know if we labeled it that, but do do we have an update on on where we are with that? >> Excuse me. Yes, Mr. Mayor. We're still in a process trying to collect the
resumes. >> Okay. All right. I we'll get to that item when we get to that item, but that was one of the solutions that I was considering or contemplating when we talked about that item. Um Okay. Uh thanks Ali. I appreciate the update. Um
>> I have a couple questions uh in regards to the administration project. uh that were going on. Uh Albert, do you have any feedback in terms of the crosswalk that was approved by district 4 for us to build? The design was supposed to
happen October 2024, the end of the design July 2025, and begin installation early next year. >> I actually do. >> Okay, >> jump that ahead of me. >> Good. Um I exchanged emails with Margie over in um Commissioner Steinberg's office. Okay. >> Because one of the concerns that we had
had uh when the manager and I were discussing it when the budget cuts were being discussed by the county was if our project was going to be cut. >> Um but she confirmed that it wasn't that the funding is still in place and that she's reached out to DOT to give us an update. But the the funds are still in place and I did mention the same thing
that this is supposed to be completed by summer 2026 and that's going to be before us before we know it. Um, so she said she's getting an update from from DOT to find out what the status is with it, but the funding is still in place and as far as as far as I've heard, uh, the timeline is still in place. So
that's >> I appreciate that feedback. Um, and then the other one I have was uh if the money was given to the North Miami Foundation for Give Miami Day and what was the total amount? So yes, um um during the um Give Miami
days, which I think was that happened right before Thanksgiving, uh we went online and made those donations that were had been budgeted by the commission. >> And was there I know that there was an additional match that was discussed because it was Miami Day. Do you know what the funds were?
>> Whatever. Give Miami Days was matching. Um >> can you confirm back whenever you have a number? >> Yes, sure. >> Thank you. All right. Are there any other questions for the manager on his report here? >> Make a comment. >> Yeah, sure. >> If I I know there was there was um Mr.
the manager brought up that the parks and parkway board's going to be doing this walkth through. >> Yes. Um, if I'm just cautioning, two or more commissioners are going to appear and participate and have any conversations, you would need to get with Madame Clerk and make sure it's publicly noticed because that would be
considered a meeting under the Sunshine Law. >> I was going to say if not that, walk on separate sides of the crowd. >> Um, and don't talk to each other. Yes. I'm just giving you that just that bear. >> Understood. So, probably probably a a safe uh kind of safety net idea to have
it noticed. Um, but I know, um, I sent that email, uh, Al about getting it out on the app, um, the dates and the locations and everything, the times, but certainly if if if there's going to be, I guess there's no way to know um, if we just notice it beforehand. >> Yeah,
>> that would be wise. >> Okay. Okay. >> Then a question on the day. Did we set this February 16th day before? I don't remember >> which one >> were the priorities. >> The 13th and the 14th. >> Yeah. Uh, February 16th. Did you say with
uh Mr. Marlo? >> Uh February 13th and 14th. >> Okay. Was that discussed among all of us? >> I sent out a calendar invite and asked you for any comments. Didn't get anything back and so we rescheduled it. >> Oh, so it was just reschedu. You were
you were waiting for comat uh comments to see if everybody >> Yeah. I sent out commissioner I think it was was probably about a month ago when we started talking to him. We sent out an email and we also sent out the calendar invite to put it on your calendar.
>> All right. Yeah. So, um just making sure we have time. Um but I wasn't sure if that was discussed for all of us to agree when the best day would be. That would have been nice to bring it up for the commission to have a discussion. I think um not by email. One of the things
I um you know, I I'll set it up as as a starting of my commissioner report. I'll take this out, but it's important to have this conversations on dates so that we can all make sure that we're available to have a discussion with the majority. So, um again, I don't think this is part of uh an email. I think
it's part of a conversation with the commission. All right. >> Um well, while we're on the point, um I mean, I know you mentioned it, I think, last month in your report, uh Al, as well. Um, I mean, did did anyone have
any conflicts with those dates? I mean, I >> There's plenty. >> It's what what were the times? >> Right. >> So, the 13th is on a Friday. Um, Friday the 13th. We'll be starting at noon and
it goes to f five o'clock. And then on the 14th, u much like last year, uh, beginning on, it's on Saturday, beginning at 9:00 a.m., probably go till about 3:00, we'll have lunch, working lunch. >> 14th I can attend. The 13th I can't.
>> Well, it's since it's being raised for the first time about conflict. Um, you know, ma, Mr. manager, recognizing that you you reached out via email and asked for conflicts and didn't get a response. Um, you know, I know it's far out, but I guess the question for the commission at
this time is if we want to entertain moving it. Uh, and if we're going to entertain moving it, we have to go back to to Herb to see if he's available. Uh, so I think it's really up to the the majority of the commission on how we want to handle it. >> I'm I'm open to moving it. I would want
all the commissioners to be available. But also the question is, is our consultant available as well? Is is he flexible to be able to move dates or not? Is that the only dates he has available? >> Yeah, that that was his first date available. So, we picked it right away. So, we were we were talking to him like
in early November. So, you know, he was already booked up. So, that was his first day. So, we picked that right away. And I think Commissioner Samrian, correct me if I'm wrong, but I think any Friday you can't you won't be able to make it any Friday, right? Okay.
>> Could we do this, Al? Um, could the commission give a few alternative dates for two days, right? We're looking at two days. Could we right now very quickly try to settle on a few alternative dates? We could have Al go back to to Herb and find out, not move it for now, just so we have something
locked in. I mean, I I certainly agree would be helpful and beneficial for to have all of us there. Um, but maybe look at a couple of alternative dates. keep this one for now so we don't lose it since we don't want to lose um you know the benefit of of having him here with us again but look at a couple
alternative dates in February and say Herb are you available on these >> and is there any way on sorry is there any way on the like on a Friday let's say at 4:00 3:00 or 4:00 at 12:00 is just that's during the day just can't do
it well >> why don't we do this why don't we look at a couple of dates You were going to say something. Sorry. >> No. So, Febru February 13th and 14th was his available date for just for the whole month of February. I think >> the entire month
>> his next available was sometime in March and April. >> Um, >> so, but you know, if if February 13th and 14th, >> well, maybe so we don't get bogged down right now with a lot of calendar checking and back and forth, let's hang
on to those dates now because we have them. All right. >> Maybe would you be able to inquire to uh to Mr. Marlo uh what his march looks like? >> Yeah. So, Mr. Mayor, if I could ask for February 13th, is there anybody other than Commissioner Samaria who can't make it on that date
>> at this stage? I don't I don't know because it's far apart, but I'm open for it. Um let me ask who had confirmed to your invite for February 13 and 14 for you to book it with Comm with Mr. M. >> I would I would have to go back and look, Commissioner. I don't have that out. So, you had at least three people
in order to confirm. >> I'll have to go back and look. I'm I'm pretty sure I do. >> I mean, I'm available on those dates. I know it's far enough out that I can work around, you know, whatever may come up. So, I'm I'm fine with it. Um, you know, again, I think it's important that we do everything we can to have everyone here.
So, maybe Al, the best way to do it is to um to ask Herb to see what he has after, I guess, the first available after February. Maybe I mean the hard part about this for for the commission is you know Al has to bring this back at every single meeting and you know the
longer we wait the more dates get booked up. So I think it kind of has to happen by email. So maybe um Al we could just try to see if he's got something maybe early March uh and maybe uh if he does circulate it to the commission and just ask that um everyone kind of be on the
lookout. >> Does that work? >> Yes sir. Okay. All right. Um, any other questions for the manager on his report before we move on? Hearing none. Okay. Uh, our next
department report is from code. We have code here with us. Are there any questions on the code department report for this uh for this last month? >> Uh, just a quick one, Dorine. What this does double fee permits stand for?
Yeah. because I saw it's at the top of your list. Good evening everyone. There's a section in the code um where when people start construction without first obtaining permits, the village charges them double
fees. >> It's someone that started a project without a permit and therefore is paying double the fees. >> Wow. So that's the most you've you've gotten for this month and that how much is that like when it's
double the fee >> depends on the on the cost of the permit. >> Got it. >> Different there are different fees depending on the size of the project and and the type. >> Perfect. Thank you. That's it. I appreciate it. >> Thanks Dorine. Um all right. So uh parks
and w uh any questions on the parks and wreck report for this evening? None. Okay. Public works. Uh any questions for uh the public works report? >> No, no update, John, about those holes and they were going around FDOT. Never
confirmed what that was about, if they were covered or not. >> So, see, so Commissioner, we couldn't find any holes, but we saw the markings on it. And uh we talked to different people. They said that it was it was just a uh it was um engineering surveys.
They think it was doing it by priv private companies, not by any any government agency. >> Okay. Thank you. >> What are the plans for the holiday lights? >> Moving along. >> Thanks, John.
>> Got something. We're going to have the like we always have every year uh the the uh Christmas con, you know, contest or lights that we usually have with the residents. >> Yeah, I had actually a resident wonder about that. Uh
>> we used to have the decoration contest. >> Yeah, >> that's usually hosted by the arts and culture board. Maybe we could reach out to them and see if they're planning on hosting it this year. >> Okay. Um All right. Um, our next item is the
uh the police report. Uh, any questions on the uh police report this evening? Chief, I saw that there's a very high uptick in um stop sign citations. That was, from what I understand, an effort of of um an intentional enforcement of
stop sign violations. That right? Seems like it worked out very well. All right. Um I don't hear any questions. So, Chief, thank you very much. Um, all right. Um, finance, I don't think we have Paul with us. Um, and, uh, building department, I don't
think we have building department with us. So, having completed the the department reports, let's move on to commission reports. Um, uh, any commissioners like to share, uh, any updates or reports uh, before we move on to our consent? >> No. No. >> I'm moving mine for um, about the tree
protection I had asked to be included on my commission report. I'll put it for for January. >> Okay. Yeah. >> Uh the only So I I I had a couple of things listed, you know, but I know we've we we kind of already hit a lot of them. The property tax uh meeting with the county mayor on December 15 that's coming up. Uh the legislative session
dates shifted a little bit. So I just wanted to make sure the commission was aware of that. We will have another opportunity to address that in January before we hit those dates. Um but I'm I'll plan on being there. Um the crosswalk update was another one. Uh what else? Um,
>> can I ask you do you have any updates on the South Florida Water Management District? >> No, only other than I think that they were pulling samples, right? Are Al they're they're pulling core samples. So, we're going to have them here. Was it January or February?
>> It was uh it was in in February. >> February. Okay. Now, I did speak to so I had a brief legislative update with uh with our senator Chev Jones and had a brief senate legislative update with Representative Joseph as well. I did bring up the South Florida Water
Management District to Senator Jones. Um his recommendation was if the communities here and you mostly identified by the tri village communities. If the communities were you know were un not satisfied with what the the district is doing then his
recommendation was to get together with the tri village area and go to go to the legislature. Um there that was I did bring it up to him and that was his recommendation was to kind of by I mean we still have we still have a town hall where they're coming back to us again.
>> That that's what I was wondering because they said they were coming um and we said maybe they would give us an update for in the next couple months or so. >> It was after they were pulling the samples. So uh I think it was that was the the town hall that we were talking
about. But I'll uh I can send an email out to Armando and get an update on when they think that might be and I'll do that now because otherwise I might forget >> the workshop with the entire community, >> right? That the village will be right. The residents will be in invited to come
out and speak to them um in the same way that they had the uh the town hall at the the Miami Shores Country Club. Um and then so uh the manager and I had spoken briefly about this about and we've talked about this this in the past
but it's never really materialized was having um a formal state of the village uh address uh and we've set a tenative date for January 22nd to hold that. We're still kind of planning it and putting it together, but the idea is to hold it I think it was to hold it here
um outside the log cabin or somewhere right here in this immediate vicinity. We're going to set a time um and prepare a little state of the village address um and invite the community and invite you know all the employees and the staff and the commission and everything and turn it into a little event. So I think it's I know I remember Commissioner Kennedy
had brought it up a couple years ago and we were trying to do it and it never materialized. So now we're going to put it together. So the tenative date right now is January 22nd and I think we were looking at probably late late afternoon um at the very earliest. you know, time change makes it a little difficult. Um, but I think that's the time we were
looking around maybe four o'clock, right? >> Yeah. Yeah. We wanted to to maximize the the attendance. So, you know, that maybe some people would be come during working hours or just leave work a little bit early to come over and and to attend the event.
>> Seems like a lot of people once they get home, they they don't venture out again. So, we could catch them on their way home. Maybe we'll get more people here. So, I know I mean there several state of cities and and counties and those addresses and everything. I know uh having I'm sure the rest of the
commission having received those blast of the invitations. A lot of times they happen right in the middle of the day. Um so the idea was to try to set it late afternoon to try to get people here maybe after work. I'm open to suggestions if anyone has an idea on whether we should move it. I'm happy to
consider it. >> Is it again? >> Well, we were looking at January 22nd in the late afternoon. So we still have you know we still have tonight if anyone wants to make any suggestions about it and we still have our January meeting um if if there's any last minute recommendations. So that's the tenative time and you know as we
develop it we'll we'll push out the uh the updates to everyone. Um that was all I had for my report. Um and I know uh I don't think we had any others so why don't we go ahead and move on from our reports and get to our consent agenda. Uh all right. So we pulled several items
from our consent which I have written down here. But the remaining items on consent ABC I have E. >> Let me see. Yeah. Well, what I still have remaining is what I was uh pointing out. >> E FG >> E F H I.
>> But we had somebody pull F. >> Yep. >> Oh, sorry. >> So E, G, H, and I. >> Yes. >> Okay. So, do I have a motion to approve a motion or a second to approve the amended consent agenda? >> Motion to approve. Second it. >> And all in favor? I >> I
>> Okay, great. So, cons the amended consent agenda passes and we will move on to move on to our ordinances. The most of the items that were pulled were resolutions, so they'll move down to uh 11 after our ordinances. So, uh or
ordinances 10 A was deferred. So, we still have 10 B and 10 C. So, our first ordinance of the evening is ordinance 2025-03. And uh Brad, would you please uh read the ordinance for us? >> Correct. 03 was deferred. So, we're
starting with 04. An ordinance of the village commission of the village of Biscane Clark Park, Florida amending 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 and a fire protection and life safet safety inspection by the Miami date 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 bait. And this was not changed from first reading to second reading. >> Okay, Brad. Thank you. Uh, do I have a motion or a second to move the ordinance to discussion? >> I make a motion to approve ordinance 202404
vacation rental application fire safety inspections second meeting. >> Second. >> Okay. Um, this being an ordinance, do we have any public comment either here in the log cabin or on Zoom on the ordinance before we move to discuss?
Seeing none. Any on Zoom? I don't see any on Zoom. Okay. All right. Um is there any uh is there any discussion on the ordinance before we move to uh call for the role?
No. Hearing none. >> I have a a comment. So on the resolution, uh this is a a question I brought up to the attorney. This three resol I'm sorry. The three ordinances we have for approval tonight, all of them require that they go through
PNZ or I'm sorry, it's it's a planning and design review board. Um, and they they're they're um o open for a hearing and for due public input and notice and you know they have
recommendation of its adoption. This happened November 17. I haven't seen the minutes of this. I I would like before approving any of the three of them to have that happened. Uh to have the opportunity to review that that was
actually done due diligent in terms of public notice as well as input. I want I would like to understand if there was any residents that came forward with any concerns on any of them. Um but the same thing uh what are the comments from the board? I don't know that there were any
recommendations um and within the discussions that they had. Um so I'm asking that more a procedural question because between between I'm sorry ordinance um the first reading and the second reading this is when the meeting
happened right am I am I doing it right? Am I saying it right? >> It was 17th and yes. >> Yeah. So it it was between both of them. So, I'm wondering if that um if this is something we we can review prior for I mean I would like to see
what the board had to say or suggestions that then they made in order to to move it and you know if there was anybody there with any concerns that we need to contemplate as a commission. So, um Brad, can I ask um
from a procedural standpoint whether whether the commission is able to pass an ordinance without having I guess without having the benefit of that information before us? Well, the ordinance as it reads, um, you're you're acknowledging that the
planning and design board, um, I'm sorry, the planning and design review board sitting as the village's local planning agency held that hearing on the proposed ordinance and that there was due notice and that it recommends its adoption. So, I'm that's the information
that was provided to me. Okay. and based on and you would be affirming that and ratifying that by by your vote on on the um on this ordinance. >> Um okay. Um Mr. Manager, did you had you received any information from I'm just
going to call it PNZ. I know it's just >> it's shorter. >> It's a reflex. Um had you received any information from PNZ that was had objections or that was adverse to the passing of the ordinance? >> Um Mr. mayor staff attended that meeting so they could are available to ask
answer any of your questions that uh that went on but I I don't think there was any correct me if I'm wrong Linda if there was any questions or anything about during those when when the items came up Linda All of the items were discussed and
voted on. The minutes were uh taken and submitted. >> All I can say >> I mean I'm looking at the agenda. It was on the agenda for that for the land plan. Okay. Landing agency. >> Linda. Thank you. Um, you know, so we
have representation from from staff that attended uh that we didn't have any objection or any that it wasn't voted against. >> Yeah, >> I understand what you're saying. Uh I do um you know, ideally >> have I had issues in terms of public notice and the whole um circumstance of
my item coming out related to that. But um so I was hoping to see that as an inclusion for review. Um and again since that just happened um I was wondering if anybody had raised their hand also with comments you know from residents. So is
an opportunity to is there um any do we have any time constraints as to not deferring this all together all three of them up for approval for next month or any of them subject to uh you know any time
>> so may I respond Mr. Of course. So a as to as to this ordinance? No. >> Okay. >> Um as to the next one um which is the rec dealing with recovery residences. The statute that was enacted by the
legislature in the last session um that required you to implement this ordinance requires that the ordinance be in effect by January 1 of 2026. M >> so you would not I mean you'd be a couple of days off
>> from Got it. >> If you waited until a January meeting >> there's no I can tell you that the statute does not >> contain any penalty or any clause explaining what happens if you if you were to uh enact it later than January 1
of 2026 >> other than just being in in non-compliance. But the statute does say that the mandate of the statute is that it's passed and in effect by January 1, 2026. >> Got it. >> Understood. Uh, you know, I think I I I
understand your concern, Commissioner, and and I think that it's valid and um, you know, I think that it would be helpful when we have these things comes before us to have that information presented to us. Um, we have representation here, uh, that staff attended and that it was discussed and
it was passed and there's been no objection lodged from what I understand. >> Yeah. >> Um, so I I I think I think you're right. I think that it would be nice to have those minutes and that affirmation before we do these. Um, but I think based on the representations that we've had here this evening, uh, I I would
feel comfortable voting on it. Um, so that's just at least my position. Thank you. >> Um any other uh discussion uh on this ordinance? >> No. Okay. Um All right. Uh Madam Clerk, would you um Yeah,
>> sorry. >> I believe it was a vice mayor and >> Yeah, vice mayor and then it was commission. >> Thank you. >> Okay. Um All right. Uh Madame Clerk, would you uh call roll, please? >> Mayor G. >> Yes. >> Vice Mayor. >> Yes.
Commissioner Anler, >> no. >> Commissioner Gonzalez, Commissioner Huntington, >> yes. >> The item passes 41. >> Thank you, Madam Clerk. Uh, our last ordinance of the evening is ordinance
2025-05. I think so. Um, Brad, would you uh please read the ordinance on the record for us? >> Yes. An ordinance of the village commission of the village of Biscane Park, Florida, amending section 4.4 four community residential homes of chapter 4
housing of the village of Biscane Park land development code by establishing procedures for the review and approval of certified 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 sub paragraph 15 uppercase A Florida statutes providing for inclusion in the code and scriveners errors providing for conflicts providing for severability providing for repealer and providing for
an effective date. >> Thank you Brad. Um do we have a motion and a second to move the ordinance to discussion? >> Yes. I make a motion to approve ordinance 255 amending LDC chapter 4 recovering residency. >> Second.
>> Okay. Uh, is there any public comment on the ordinance either here or in the uh in the log cabin or on Zoom? Not seeing any in the log cabin? Any on Zoom? Not seeing any. Okay. Um, all right. Are there are there any discussion items on
the ordinance before we call the RO? Amen. >> Um, just trying to understand if it's the same circumstances. I don't know that this needed to go through the um PNZ board. Did it?
>> Yes, it did. It went through on November 3rd. Any any under your land development code, um any change whatsoever to your land development code has to go before the planning and design review B board sitting as the village's plan land
planning agency for for comment and and approval. >> Yeah. Yeah. I'm I'm sort of stuck in the same circumstance. If I had the whole information, I would have been able to vote uh with confidence. >> I understand and think it still feel the
same way. It's a I still feel that it's it's a valid concern. Commissioner, um I know that uh based on what the attorneys told us, you know, not passing it now certainly would put us in non-compliance with the statute. Um,
so just having understood those items, um, are there any other discussion points on the ordinance before we call the role? >> No. >> No. >> None. Okay. Uh, madam clerk, would you call the role on the ordinance, please? >> Mayor, >> yes. >> Vice Mayor Samira, >> yes. >> Commissioner Ansler,
>> no. >> Commissioner Gonzalez. >> Commissioner Huntington, >> yes. >> The item is adopted on second reading 41. >> Thank you, Madam Cler. So that concludes our ordinances for the evening. So let's move on to our resolutions, the amended resolutions
uh agenda item and we will start with our first which is uh item A. Well, what was previously 9A which is resolution 2025-70. Uh and Brad, if you would please uh read the resolution for us.
Resolution of the village commission of the village of Biscane Park, Florida, approving a turf and landscape maintenance department funded agreement between the Florida Department of of Transportation and the village of Biscane Park, authorizing the village manager to execute the agreement and do all things
necessary in furtherance thereof and providing for an effective date. >> Okay, thanks Brad. Do I have a motion in a second to uh to adopt the resolution? I make a motion to adopt the resolution 2570 approving turf and landscape maintenance agreement.
>> Second. >> All right. So, uh, forgive me, but, uh, when I was doing the additions, deletions, withdrawals, I did not write down who who pulled which of them. So, >> this one I >> go ahead, commissioner. >> All right. Thank you. So, I I just want to So, I had a conversation about this
um yesterday with the manager and the attorney. I understand we pay to FDOT a very minimum amount for the work we do in Sixth Avenue. I'm sorry, they're paying us for a very minimum amount uh in compared to you know the work they put in. And I think
that's one of the questions that I have whether we are fully covering our actual cost to maintain the area and if not what portion is the village subsidizing. This is something that has been presented to me and non-negotiable sort
of FDOT has this payment schedule. Um we we just follow along. Um I wonder if there is an opportunity to revise that. Uh so here are some of the things that we discuss. Um
there was a meeting with FDOT to talk about changes on the landscape and beautifification and safety concerns um that included John the manager FDOT and that they agreed to um to follow
through. I'm wondering first what areas of the contract they were signed in by passing this are changing from the prior contract considering um it's a new contract. >> The contract is essentially the terms
and conditions are essentially the same as the previous one. >> Yeah. >> The way FDOT works with these agreements is they will provide an they will provide an agreement with a with I believe it's either two or three renewals. I have to I I I think it's two >> now. You got to start fresh.
>> And they they want a brand new agreement. So So what happened is you had a contract in place. You approved it >> um I believe if I remember correctly, you approved it three years ago, the initial contract. It came up for two one-year well two year renewals. You
approved those renewals and now um the Department of Transportation wants a new agreement and then you'll have that same process. The question was because I didn't see anything red line and it says new contract but is under the same terms of uh the same amount of money we've
been paying in the past. Correct. >> At least um from when you asked during our meeting I looked back three year I believe two years I was able to go back and I think the the amount was the same for the last two years. So this would be the at least the third year with the same amount. So the first question that
came up is if we're going to be changing landscape that could essentially change how our staff is going to need to maintain the the area and how can we go about asking I don't know if this is a call for uh you know you as a mayor to
elevate to FDOT and have a conversation about what our costs are to maintain 6th Avenue versus what we get back $2,800 a year. It's a ridiculous amount of money for the work that needs to happen in a small village like ours. Another thing I
was thinking is um Darin when we go ahead as code and we enforce landscape maintenance many times uh we've had that happen where our staff needs to take care and then we have to bill. there is a schedule per se that we um have to uh
follow through to bill in case we were the ones cutting the grass for example, right? Um so we have a schedule that we implement with residents that's far more this than than the $2,800 a year we have see we see here for the the you know the
maintenance of Sixth Avenue. So first my point here is instead of saying this is what it is, if we can just have an analysis of what how much time we spend and how much investment do we have and can we present it to FDOT to see if they can provide um you know more of a
compensation. It might be another no, but it might be a yes. It was a no, you know, when we started talking about the ILA. It was a no when we started talking about the crosswalk. I think it's it's just bringing these things forward if the discussion hasn't happened in the past because that's what we're used to
do. Um maybe there is an opportunity. So I just want to bring that to to you guys to think about. And the other thing is if we're thinking about beautifification, is this something we decide in terms like is parks and parkways involved in choosing what landscapes going to be there? Because I
would like them to be part of that project. So that was going to be the other point. So let's include parks and parkways in the project of utification of 6th Avenue because it is our main entrance to the village. So I would want that to see you
know input from the community and you know they can provide um I I know there you mentioned there is a listed of uh plans that can be um picked from and so those were my points and again I don't know if this uh how the route and the mechanism is through the manager or
Jonathan is if this is something you reach out um you know with an exercise to to get feedback from. I I'm not well I should say I'm not aware of any of any reason why we couldn't um
>> uh the question I would have well I would have a question about timing. When does the I'm just I don't have it open so I'm not looking. When does the does is this does this agreement excuse me to the end of December of this year? >> Believe it's March 2026.
Right. >> Yes. The the other agreement was a 2022 agreement and it and it's set to expire on March 20th of 2026. And may I just make one comment as to um Commissioner Hamsler's um yeah >> statement with regards to the parks and
parkway board being involved? >> Of course. Um, under the agreement, if the village were inclined to replace um or in or install new landscaping, that would have to be done with the approval of the Department of Transportation would be done at the
village's expense. And pursuant to this agreement, um any required maintenance of of that new landscape would not um cause the amount of the contract the contract amount to go up. you would that maintenance would be at the village's
expense for anything if >> in effect anything that we change or add to it we would be responsible for maintaining it without any additional and further compensation from FDOT. >> Yes. And you'd still need FDOT's approval and and agreement to to install whatever new or replace whatever um
landscaping that you decided to do. >> So, you know, this is this is the way that I I think that advancing the item would make the most sense. Um Al, did they give you any did did F dot did they provide any kind of deadline of you know
we need to have this thing signed by the end of the year or if in you know hypothetically speaking if we do this in January would it cause issue? >> Um comm um Mr. Mayor, they they had um asked us to put this on the November
agenda and um they always asked us in advance because I think they have timelines that are are imposed on them and they needed to get to Tallahassee and everything. So they they ask us not to wait till the very last minute. So that's why it's on December.
>> Execution process is slow. >> That's a good way to put it. I was thinking the word. So I like slow it does get approved through Tallahassee. >> So I think commissioner the way that I'm the way that I think I understand um
the request here at least the way that I would approach it is is these are two items. One would be the amount that's being paid to Biscane Park for the maintenance being done and then two the you know going to Parks and Parkway and changing what the landscaping looks like. I think the second portion the latter portion of that can be really be
done at any time. um you know, we don't really need we don't need FDOT's approval to have the discussions internally and then go to them and ask them about it. Um but the the dollar the dollar number is certainly something that that I think is more immediate.
>> Yeah. And I mean they're tied in if we go ahead and select landscape that's going to require say like trees or something that's going to require more maintenance and and and that effect is going to be more money for the village, >> right? So I I was just thinking I mean this is the feedback I received yesterday. You know the feedback was we
want to do more vitification on 6th Avenue. We want to make it safer. The feedback from FDOT was yes go ahead. But that's what I'm going to pay you regardless. That's basically what the contract says. I'm challenging that those two aspect. A can we do a cost analysis to understand what expenses go
into doing this job so that we can initiate a conversation with FDOT and get a feedback as to can we negotiate and B let's involve uh parks and partways uh in terms of the timeline I understand for they want to do this ASAP
but our contract doesn't expire until March so maybe this is an opportunity to go back I mean if they want to do it you know they have processes inside because it takes longer that's for them to go and solve. I mean, I see it as a we have
a contract until March 2026. So, um I would take this month and next month just to store a couple of emails showing an exercise where we put that forward. Um it's the entrance of the village again. You know, if we if we can own that in the best way and get money for
it, that would be wonderful. Even if it's double the amount, it makes no sense. eight thou $3,000 a year for that. It's it's it's almost ridiculous. But anyhow, so that's my proposal. Um you know,
maybe have this postponed defer so those two um items are explored. >> So I wouldn't I don't have any problem um Al if if we reach out and have a meeting with FDOT together. uh if you
and I could do that and speak to the representative and just talk a little bit about the cost and whether it's flexible at all to at least kind of approach that that issue. I I could tell you um Mr. Premier from my experience,
you know, and the other cities I work for, they we all had not only county uh mediums, but also state mediums that uh um the county didn't maintain, the state didn't maintain, and they were willing for the local jurisdiction to take over
that that ability to do that. But it was never a we never broke even on any of those uh ventures. You know, it was always at the cost of the city because we wanted to do a better job. Just take a look at Dorado and what their their
mediums look like. You know, those are all maintained by Dorado and those are all put in by Dorado. Um I can tell you between now and March, these were long-term objectives that we were seeking. It was not nothing that was
going to take place between now and March. These were long terterm goals of them improving this the safety, improving the look, uh maybe uh changing the uh landscaping plan. Those are long-term goals. That's not going to happen in the next three months,
>> right? >> Yeah. I So that's I think kind of um highlights what I was saying before is I don't I don't necessarily see the the changes to the landscaping as being the the issue that's immediately before us. Yeah, >> but the dollar number certainly could try. Um I I don't want to push this. Um
you know, I I understand what you're saying, Commissioner, that we don't this goes out until March. And I I that's a good point. Um but I also don't want to run a foul of FDOT, that we're putting them into a difficult position and then all of a sudden we're losing their support entirely. >> Right. And and understand this, Mr.
Mayor. If they if they change for us, >> they're going to have to change for every jurisdiction in the state of Florida. >> Right. That makes sense, >> right? And they're they're not going to will they're not willing to do that. >> So, >> I hear that and I I understand it and I
I I I'm willing to have the conversation if it's the the will of the commission to reach out and have that discussion and then bring it back in January for final approval. >> Mr. Mayor, if I will, the way I look at this is if you scroll down, you can they itemize what item what we're minimum required to do. 24 times litter pickup,
18 times mowing, edging, weed control, four times tree trimming. This comes as a 46 times that our staff has to come out there. Some of those litter you probably pick up all the litter on 6th Avenue. It's a very small stretch, probably an hour, I'd say. Tree trimmings maybe take a little bit more.
So average about 46 what hours? That comes out to $62 an hour. Our staff is not getting paid $62 an hour. Uh I think we're well in our range here. We got to remember this is a tenth of a mile long stretch of of uh uh Sixth Avenue and we
only maintenance the medians. You don't mow those medians. There's no grass on them. >> Yeah. >> Mow the street. You don't even mow the the swailes. That's the the uh resident's responsibility. So $2,800 to me is >> far more than reasonable. I'm ready to approve. I don't think there's any reason to go back and forth with this. I
mean, you math makes sense. The only consideration I was doing is just because if the landscape's going to change, you know, to the point of, you know, if we're going to be selecting new >> point, commissioner, but when you think of them coming back to a plan and do parks and parkways and installation,
that's not happening this year. This we that's a discussion for next year's renewal. >> Right now, I'm fine. We've wasted 20 minutes talking about $2,800. Let's I think I'm ready to approve and let's move forward. Yeah, but I want to make a point because you make it sound like it's 20 minutes for $2,800. That's the
point. I'm trying to make it worth more, right? And I think we've gotten a lot of nos and you know, a lot of experience of getting nos first and then knocking on doors and getting things revised. So, this is one of those things that doesn't hurt to initiate a conversation if we've never had it. I can tell you in three
years we've just approved, which is about what's going to happen now. Let's approve $2,800 is fine. I'm just saying maybe there is a different way to approach it, but I hear you and I um respect the majority. Yeah. >> All right. Well, if there's uh no
further discussion on the item, then um we don't need a role on this. So, I'll just uh I'll offer the resolution uh for vote to the commission at this time. So, all in favor of approving approving the resolution? >> I I >> I no.
>> Okay. Uh so we'll move on to our next resolution which is 2025-71 which is formerly 9B. >> Um uh Brad would you please read the resolution for us? A resolution of the village commission
of the village of Biscane Park, Florida, approving the employment agreement between the village of Biscane Park and Carlos Avila for the position of chief of police, authorizing the village manager to execute set agreement on behalf of the village and providing for an effective date. And if I may, Mr.
Mayor, please just so it's clear that there there are there's two attachments. You have the resolution with the attached exhibit which is um the agreement for um for Chief Aila. >> There's also attached another agreement
which was the original version of the agreement that was submitted to me for review. They're fairly similar. There's only one provision that's changed in them um which was a um non-disparagement clause that um upon my review and
recommendation was taken out of the agreement. Um I know for sure this is speaking to the chief that chief would like to see that in the agreement but um just so you're aware you do have two separate agreements attached to the agenda. So what's up for at least approval is the exhibit that's attached
to the to the reszo. >> So let let me just make sure I'm clear. The one the one that's up for approval the one that's attached to the resolution is the one with or without the disparagement. >> It's without >> without. Okay. And that's certainly up for your consideration and discussion if
you think that's appropriate to put back in. >> Okay. All right. Thanks, Brad. Uh, do I have a motion in a second to uh to move to discussion? >> Make a motion to approve resolution 2571, approve an employment agreement of Carlos Herrera, Chief of Police. >> Second.
>> Okay. Uh, so I'll open for discussion. I think that um >> Yeah, I Yeah, I was want to pull this and and Angela. >> Yes. Uh like I said, I just wanted more of of a discussion of exactly what's in this agreement and everything because
yes, residents can look at at the website because it is on the website, but I just wanted for transparency. So, I do approve of this, but I just want to basically if the city manager can talk about or the attorney talk about what's in the agreement. >> So, you jumped out ahead of me. No, it's
okay. Um I was uh I know that there was a a cover memo um from uh the manager I think on this one. Correct. Is there anything that you wanted to to comment on uh with respect to the cover memo or the item generally? Mr. Manager. >> Yes, Mr. Mayor. If I could. So, um I
think we we we're very fortunate to have somebody of Carlos Avala uh statue and uh and background to as our police chief and certainly somebody of his caliber and professionalism is somebody that we
want to keep and and keep here uh with the village and and something that we haven't had in the past. So, um I know there's there was some concern that our past police chiefs we may never had had an an employment agreement with our past, but I I think this is a time to
start that. Um there certainly there's things going on within the village. Um I could tell you um Chief Avala is is recruited by other jurisdictions but not only uh uh um within police departments
but outside police agencies and uh I'm I'm happy that he's here and he wants to make a commitment to the village and I want to show our commitment to him by uh bringing forward this agreement. This agreement is just um um memorializing
most of most of the benefits that he's getting now with the exception of if he is terminated without claw without cause that he would get a 20week severance package uh with in accordance with state
statute. So that's the only real major difference between uh what he's currently getting and then what this agreement provi provides for him. But I'm I'm certainly very happy with his performance and I think I speak for the
majority of this commission when I say that he's done an outstanding job in the short time that he's been here and also that I I I get feedback from many of our residents on on on the great job that he's doing. So we that's why I brought this forward for your consideration.
I >> just add the only other minor change to the agree that the agreement changes um as opposed to your employee rules is regarding um being able to how he how he'd be able to bank a a day if he has
to work on a paid holiday. He gets an eight hour day under this provision. He would be able to bank it and use it whenever whenever he sees fit. And um under the employee rules um he would be required to work um to to use that. He
banks the eight hours but he would be required to use it within the same month of the holiday. So that's which is a minor but just so you're aware that that's the only other distinction. >> Okay. Uh thank you Mr. Manager. Thank you Brad. Um All right. So um outside of
Well, we've had an introduction. Uh we know that the vice mayor uh pulled for discussion. So um I just kind of open to the the commission on discussion on the item uh before we uh before we move to resolution. So what other discussion items uh were there on the agreement?
>> No. >> Yes. So um so I pulled that item myself as well. So first off, I didn't know and this was a question for the attorney. We never had a chief of police contract before. um as far as you know, correct from >> uh not as long as we've been your
attorneys that I'm aware of. >> Okay. So, that's the one number one reason I don't think it fits within the um uh consent agenda. I think it's a poor decision to put it over here. I think it needs to be for discussion and I wanted to make sure uh to make a space for
that. uh we're setting precedent with this contract uh for future chiefs of police and so it's important to have that open conversation about what that means. Um with that said, I asked also to get some context. I don't know how to read a uh
chief of police uh contract and understand if it's in line with what's expected, if other cities are doing it similar or not. and the uh attorney provided me with Tallahassee San for Key West, North Miami and Edgewood as comparisons
um which actually uh were very helpful. So thank you. Um so my first question is do you how do you build this contract Brad? Um so who build the contract? Did you build a contract? Was the manager building a
contract? Where where is the contract coming from as a template? The manager provided me with an agreement and asked me to review it. So I reviewed it >> and um made some comments, reviewed it for legal sufficiency. I mean the contract the the terms and conditions of
the contract >> as police chief's agreements go there or is a pretty standard agreement. Um depending on the circumstances, there may be certain sweet certain tweaks um with different jurisdictions. Um, for instance, if if the police chief is
being promoted from within a department, a lot of times that that candidate will ask for provision if if which states that if they're not um terminated from the chief position for cause that they get re reinstated to their last position, they don't lose their pension
and retirement benefits on earning. I mean, but this for this type of situation where you have a new a new chief coming in from the outside as chief of is um the terms and conditions are pretty standard for those those municipalities and that that have these
types of agreements. >> So, it has all your green light in terms of it being a template for the village moving forward. >> It's legally sufficient. Yes. >> Perfect. Um, the other question I had is, is the chief subject to an employee evaluation
like the rest of the employee? You mentioned the employees manual. I wasn't sure if that applies for chief of police as well, or is it usually something you would include separately on a contract >> can be included separately in the contract if if that's so desired. Um if
so if if the man if there the provision if there's a provision in the manual that is not addressed within the chief's contract then the employee manual would apply to the to the chief and his position. >> Got it. So it it includes it already
within the manual. The employee manual. >> So the employee manual still applies to the police chief position in the village. Yeah. >> This is a for lack of better terms this is a supplement to that agreement. So if if the agreement is silent as to a provision that's contained within the um
the employee manual, then that provision in the employment manual Yeah. >> would would take precedence, which is why I brought up as we were talking about about the bank fa the bank vacation day that he can take. >> Got it. >> There's a bit of a So this provision would prevail over the employment manual
be employee manual, excuse me, because it specifically addressed it. >> Okay. Um, so that specific comment that you made, uh, one of the things I noticed in some of these contracts is that, uh, most agreements would have like a
24-hour availability clause. Um, so that there is like an expectation of or, you know, clearance in terms of what overtime expectations are. Is that is that something that is addressed? I I don't think I saw the >> look in section 1.3.
>> Let me get to that. where it's addressing that the employee that sorry I'm calling you employee but chief Ailia is a um salaried full-time employee however as a department director from time to time the employee is expected to work hours in excess of 40 hours per week to ensure the proper o oversight
participation and involvement in the duties and responsibilities of the chief of police. This includes but not limited to producing events, commission meetings, performing routine oversight visits um of shifts assigned to the police department patrol division and
responding to emergencies. Um so it it's incoming that this is a full-time position. >> Yeah. >> However, it it is expected that he works over 40 hours and he is he's not based on his position, he would not be entitled to overtime if if that's the
question. Yes, >> he's an exempt employee by by virtue of his position. >> Great. So that clears that. And then the last comparison or the information I was bringing for that I wanted to bring for um you all's attention to see your
feedback but is um majority are within the cap of six week to 12 weeks for reduced um not reduced but reduced to what we have in the contract cap se for severance. Um so I think Edgewood had like six week
Key West had 12 weeks. So I wanted to understand the statue in the statue it's is 20 weeks the max allowed. >> Yes. Per statute that's the most that he he can earn. >> Okay. >> And the the rest are just that's decisions of those municipalities.
>> Okay. So I don't know how everybody feels about that. uh um the salary that's been approved and going as the first contract on the chief of police uh to the limit of the statue for 20 weeks of cap at severance.
Those were my comments. Um so thank you for the feedback. I don't know how you feel about that last point. That's the only one that I wanted to hear your feedback. >> You say just >> the statute it says it's 20 weeks max which is what the contract says. Uh
other contracts for reference are between 6 12 weeks at different price points of salaries and benefits. Of course that varies. >> I thought you said compensation too. Were you saying compensation? >> Compensation varies right across the different you know cities but this is
talking specific about the severance and how many weeks can you can you capture? >> Sure. >> What what cities were those you you listed? It was uh Tallahassee, San Fork, Key West, North Miami, and Edgewood. >> Yeah. >> All much bigger municipalities than us.
So, it's fair to reason. I haven't looked up those salaries that their salaries are probably way higher than >> I'm not Edgewood is less. Um >> for me, I'm perfectly fine with 20 weeks. That is a protection for the employee. So, that way there if there's a changing of the guard at the person who sits to your left, not talking about the attorney, the manager.
>> Yeah. that they wouldn't on a whim fire the police chief and bringing in their own police chief. Having continuity in the in the police force is a huge deal. I am perfectly fine with 20 weeks. Uh I don't anticipate uh him being fired for a random whim, but I glad that
protection's in there for him so that way he has feels security in his position. >> I I agree with that. It's because you know the a new city manager comes in can always get rid of the chief of police and I think we have done that in the past. So I like I don't think we have a
problem with this chief. Yes. >> I I I just don't have a problem with 20 wing. I want him to be protected. I've always fought that order I I agree that Chief Steel should have had a contract. The one before him should have had a contract. And we need to start uh protecting to keep a police chief around
for more than one city manager. Um, so yeah, I agree with that. I I agree with all of it. Actually, I agree with the contract. I think that's a way to show um commitment on our side. I don't think I agree with the fact that we're going full to the 20 max uh for
severance cap. I think we could have started um in between. There is uh again there is example from 6 to 12 weeks. Um because this again is set in present that's 5 months. Um and uh you know for reference and doing
due diligence comparing other information I think we will be at the top you know compared to cities like Key West to your point a lot larger um than us. Um but okay that was it.
I have to say chief I am very happy that you do have a contract. I'm happy you join us. Of course, I already said that when you got appointed. Um I do feel this is was needed in terms of organ organizing a bit the department and give the head of the department the uh
consistency and the you know the the commitment from the commission but the the staff and so I think it's very much needed. I am just doubting and I was like thinking whether that's a lot or not but I think I'm ready to to vote whenever you are.
Okay. Um, you know, I think that one of the things that I fall back on too is we have a statutory I mean, yes, we have the statutory definition of severance, but we have the statutory definition of um of cause. >> Yes. >> So, you know, there's Go ahead. >> What's that? >> No, I miss I didn't interrupt you.
>> No, no. >> So, I I just wanted to make one comment. Um, and I think it it needs to be made. We did have a a former police chief had a employment agreement and that was Chief Steel had an agreement but it never wasn't approved wasn't reviewed by
the village attorney and of course it never came before this commission. Um the our current um employee manual says that the village manager can uh uh approve or issue um employment
agreements. Um, and that's something the ma the village attorney and I had discussions over and the village attorney had had uh stated that uh that's true that the village manager has the ability to issue it, but it has to
be reviewed uh by the village attorney. So, this agreement um didn't have to come before you this evening. It could have been just reviewed for legal sufficiency by the by the uh village attorney and um myself drafting it up
reach an agreement with the with the uh with the chief. But I think in in as a um as a process of full disclosure, we brought it before you this evening for your re review. And I I didn't I I told the village attorney at the time, I
don't I don't feel comfortable issuing any any employment agreements without bringing them before the village commission for their for their approval. And we're actually going to change that language that's in the current employee manual to change that so the village at
the village manager in the future doesn't have that ability. So I I think that will um I wanted to make that comment to put that on the record, but I I appreciate it, Mr. Mayor. >> Okay. I I I appreciate that. I think, you know, we saw what happened with the other situation with a contract that we
knew nothing about and you know what happened with fallout from that. So, uh I think that it's it's far more favorable um and preferable uh that it come before us. So, um I I'm I'm glad that it was before us. I'm glad we had an opportunity to discuss it and I'm I'm certainly interested in hearing more about how this is going to change in the
in the future for uh the powers and the d powers and authorities of the manager. Um so, just finish my thought. um you having the having the statutory definition of for cause you know I've see that as as a safety net that if there's any significant and major
problems um not to say that there ever would be chief because I've personally been very satisfied with your work here in the village so far and I'm very happy that you're here with us uh so let me just make that very clear um but for having having the statutory you know uh having the statutory definitions of for
cause and and what we are able to do in the event that something does uh certainly, you know, gives me um you know, a little bit of comfort knowing that we have that available to us. Um so, I'll go ahead and I will uh if there's no further discussion, um I'll
go ahead and ask the commission to uh for a vote on on the resolution. So, um all in favor >> I >> I >> I >> I >> thank you, Chief. >> Congratulations, Chief. >> Um All right. Uh, and let's go ahead and move on to our next resolution. Uh, what
was previously 9C, which is resolution 2025-72. Uh, Brad, would you please read the resolution for us? Computer's a little slow. I apologize. No problem. I'm sure it's not our new highspeed
internet in router. >> They've been doing some work on my computer and I think they slowed it down instead of sped it up. Um, a resolution of the village commission of the village of Biscane Park, Florida, approving the purchase and installation of microphones and cameras from Next Level Systems,
Inc. to be installed in the village log cabin in an amount not to exceed $8,43344. authorizing the village manager to enter into an agreement with Nexttel Level Systems, Inc. and do all things necessary to effectuate this resolution and providing for an effective date.
>> Okay, thanks Brad. Do I have a motion in a second? >> Make a motion to approve uh 202572 approving porch and install mics and cameras and log. We desperately need this. >> Second. >> Second.
>> Okay. Um I don't remember who pulled this one. I am I am >> okay. Go ahead. >> Quick question. So, I was wondering uh there's part that's already been completed which is great to hear. I 100% agree. This is very needed. And there's
part that is going to happen. Do you have a timeline as to when everything will be um finalized? >> Uh we anticipate the next 30 days. Commissioner, >> what's that? >> We anticipate the next 30 days.
>> Okay. So within the next 30 days, do you feel this is what it needs to happen in order to have the transparency you address in your item? Um, you know, no issues with the cameras moving forward. Do you think this is this this will do
it? there there are other improvements that we're also looking at but I I think this is a a a uh uh helps us to move forward with our our being very transparent in our
meetings. As you can see I think you can just see uh this evening the quality of our video is a lot better than it has been in the past. >> Yes. >> Capturing everybody on the dice. >> It does and we do need it. That was it. That was my only question.
Thank you. >> All right. Is there any other discussion on uh this item? >> Yeah, the only discussion I have is uh this is podium right here is definitely going to be fixed, right? Because if they pull out that podium, it pulls out the wire. So, that's definitely going to be changed, right?
>> Yeah, we're looking into that, Commissioner. >> Okay. Uh if there's no other discussion on the item, uh I'll go ahead and um ask the commission uh if to approve the resolution. So, all in favor? I >> I >> I
Okay. Uh that's what was previously 9C. Our next is 9D uh which is resolution 2025-73. Uh the agreement with access uh Brad would you read the resolution for us please? >> Yes sir. Resolution of the village commission of the village of Biscane
Park, Florida, approving an agreement between the village of Biscane Park and access information management corporation doing businesses access for record scanning, indexing, indexing, excuse me, imaging and media conversion services utilizing the pricing terms and conditions of the city of Hollywood
agreement in an amount not to exceed $50,000. Authorizing the village manager to do all things necessary to effectuate this resolution, providing for an effective date. >> Okay, thanks Brad. Do I have a motion and a second to move to discussion? >> I make a motion to approve resolution
202573 approving a new agreement with access. >> Second. >> Uh okay. I did you pulled this one right? >> Yes. Yes, I did. >> Okay. Uh did you want to introduce it? >> Okay. Did you want to uh introduce it
for us? Uh Al, please. >> Yeah. So, this is an an agreement that um had originally been enacted back in 2021 by our former V village manager and we had piggybacked on a um on an agreement with the city of Hollywood for
our record retention and record scanning and indexing and imaging and media conversions. And the project had um uh had started in in 2021. We had I think we had completed most of the project in in 2022. The original
amount was for $116,000 of that 116,14 was uh uh was paid out. Um there was additional boxes that were delivered to access uh that wasn't part of the
original uh project when I first came to the village back in October of 2024. Um, Access was calling me already. There were some emails that were pending that weren't weren't re returned. And I I've been uh working with Access since since
that time to uh just find out what what uh what what this was all about and how to move forward. Um I think Matthew Bennett from Access is on online and um I think he's available, Mr. mayor to
answer all your questions. But in in a nutshell, to finish the project is an additional $50,000 for those additional boxes of um files that were delivered to access um after the project had
originally had uh had begun and that was back in sometime in 2022. >> All right. Thanks, Al. Um the commissioner, I know you had uh asked this this one be pulled as well. Uh was there I guess was there any specific uh
item that you want to bring up separate apart from what um Al has already introduced for us? >> Um yes. So I I have questions in terms of the the timeline as to so I I was sort of lost. Yesterday we had uh an a
meeting and the $50,000 that you're describing here I thought was part of the 116 originally. >> No, it it is a Yeah, I I I had misspoken that is additional $50,000. >> Okay. >> Is to finish the project.
>> So the the 50 grand extra we're going to need it has to come from this year's budget. >> That's correct. >> The So the first question was going to be where from? Well, I'm confident, Mr. uh when speak speaking with finance that we have we
have uh funds that we can cover this uh just by moving some money around. And there was someh you had an item you had an LTC that uh was on the commission. Um, also this evening he talked about
$67,000 for uh uh for uh hurricane debris that had um I was told by finance that that that money would had been allocated or was available. So that that this $50,000 would come from that $67,000 that we had don't need to pay to
the state uh because of our our revised report to the state. M I don't want to interrupt your >> No, no, go ahead. >> I I'm curious, Al, the question that I had was the the 116 that was originally allocated for the project to to complete
the project, right? So, if it was based if the if the maybe and this might be a question for who do we have? Matthew Bennett. >> Yes, I am online. >> There we Hi Matthew, thanks for being with us this evening. >> Not a problem. Thank you for having me.
>> So the question the the question that I have is you know we get a quote and this was 2021 so this was some time ago obviously this was before I think art and I think Dan you guys might have been here at that time but uh I guess the question that I have is we get a quote
for 116 for I I imagine what is the entirety of the project. So and maybe I'm sorry Matt right? Yes, >> Matt, maybe you might be able to describe or explain to us uh why that the the original contracted amount of
116,000 didn't end up covering the entirety of the project or I'll just I'll let you explain. >> Yeah. No, thank you for for having me. I was a part of the actual initial pickup, too. So, what I'll speak for is what I also saw. We we did a pickup of it was
228 boxes in total. We scanned 119 boxes and a couple of those boxes were larger than your standardsiz box. So what happens is when you do a project of this size, you charge per image and when you have a larger box, more images fit
within that box. Another big piece that sent us um pretty because we did 192 out of the 228. That was the goal, 228 boxes. And so another big piece of this scanning was the blueprints that the
village of Biscane produced. And we initially estimated about a hund I'm sorry a thousand blueprints to be digitized. I think we picked up over 2500 blueprints. Blueprints require a different scanning mechanism than our scanners. So that added to the cost that
pulled away from uh some of the box scanning. That being said, upon com getting close to completion, uh Mario and Chante, the previous village manager, um we were meeting with them on a monthly basis, going over the numbers. They said, "Hey, the property files, the
address files look great. Please pick up some additional administrative, HR, executive meeting minutes files." Um my our team in Miami handled that and um there was an additional 50 boxes picked up. So when we had told them, hey, this
is going to put you over the budget, um we we stopped it at around December of 2023 and uh we waited for approval and as you know, um Mario was was no longer with the organization, but uh we waited and and you know would update the village
manager from time to time to see cuz what's happening is boxes are still being stored at our facility. We don't mind storing them, but we'd like to help you guys finish your digitization project that initially kicked off about four years ago. So, uh I'll leave it at that. More boxes were picked up and um I
know we had scanned them into an SFTP. So, pretty much anything you guys may see digitized right now uh were scan was scanned by access. So, um yeah, feel free to pound some questions off me. I was been a part of the process for about five years now. >> Thanks, man. I appreciate that. Um Al,
can I ask you very quickly? You know, I remember a long time ago now that this came up and I remember actually talking to Shante quite a bit about it when when she was basically explaining that there was a room where there are boxes and boxes of of items that needed to be
scanned and digitized because it was it was like a filing mess or organizational mess. So the one question that I have is based on your understanding of where we are with this process, does this 50 additional 50,000 that we're being quoted by
Access, does this complete the digitization project for Bisgame Park? >> Yes. Yes, it does. >> Okay. Uh, and uh, the next question I have, and I don't know if it's for Al, or if it's for you, Matt, is having been quoted the the original 116, understanding your explanation as to
what additional records make up the additional ask. Now, uh, what kind of what kind of safeguards do we have that the amount won't exceed 50,000? >> So, I have a project manager that manages the um the the quoting process.
And so as we got close to that $115,000 marker, we we we contacted the team and said, "Hey, we are running up against the budgeted amount." So I've already talked to Carla, who is our manager for document scanning in Miami. She I told
her, "Hey, the budget's 50,000 to complete this project. We need to make sure we get everything that we have on hand scanned and uh pulled off the shelves." So, if that means we we will let we'll let Al know if we're getting close, but from what I see and what
we've collected already, that will finish the project. If I find us getting close, I'll just have access I'll ensure access eats the charges and just gets the project completed because I know this has been uh going on for quite some time now. shouldn't go over, but I'll uh my project manager, myself, and Carla,
who is our scanning manager in Miami, will monitor that and we send out status reports to the village of Biscane team monitoring the budget. And I sent that to Al today. >> Understood. Um I I appreciate that. Um here's a quick followup and I I promise
I don't have much more. um uh is is the the estimate that you're providing to finish the project is this based on the information that you are currently storing or is this based on the documentation that you are storing plus additional documentation that you still need to pick up from the village?
>> So this is based on the documentation that we are currently storing and I believe there was another 20 or so boxes that um Al had mentioned need to be digitized that were administrative files. Um, so if if if it if there's
more, I'd like to have a conversation, but this is based on everything we currently have on hand and a little bit extra that we can that we included for a pickup. >> Okay, >> if I'm if I'm wrong, I thought there were some additional stuff that I included.
>> Um, okay. >> Yeah. >> Yeah. So I mean my my first question has to do with the timeline. I mean this is I this is what I recall and again um uh this is going on since 2021. Uh so I
can't tell you uh you know half of of this commission wasn't even there. Um why wasn't this included in the budget? So how how uh long was this recognized to be missing that we have $50,000 additional and more boxes that hasn't been processed? It's been going on since
2021. Why wasn't this put in the budget and it comes out as a request now? >> I can't speak for that. >> I'm asking the manager. >> Okay. >> Um so yeah, so Commissioner, we were we were back and forth on the negotiations and we've been working on this for a
while. So um I'm I'm confident that we have uh we can find money in the budget to cover this cost. Yeah, I I know that we can always recover cost. The point of of of having a preventive measure during the workshop is that we we assess every dollar uh
the right way. Um so then that that's the other part. So to be honest with you, I'm a little lost as to what in the timeline of four years have been done, what's pending to be done, the 20 boxes that might be here, and the idea that if we pay 50, we're done. If I'm not
mistaken, I would have to go try to find um during 2023 there was a discussion and I think Mario was here and I think to your point Shante where um we asked the same question is 50 grand is going to get us there
and uh the answer was yes. And so I, you know, I think I need more uh I I just need to go back and try to understand, you know, when this is since when we've been talking about this and and if it's
an effect um all that's going to be needed, right? Let me ask so everything that happens now through permitting process every digital so we don't have what specific what specific items are needed of
digitization from now on what items are going to be digitalized >> what what items are going to be digitalized >> yes so you have a bunch of boxes that are from 2021 >> oh well go well we're trying to complete
this project uh commissioner. I would going forward I I would explore other ways to to um retain our records. Um you know so that that's I I wouldn't I don't want to commit to um doing this process
in the future. I would explore other ways to do it. >> But what I'm asking is from our permitting process and everything that goes on. So all of that is already digital. we've already solved a big part of the issue. Before it used to be old paper. Um so is this something that
would be coming to the commission on a yearly basis to you know go ahead and I don't know what else administrative files it might be that needs to be digitized and that inquire you know requires an additional cost.
there are there are other ways to u maintain your records and store your records that you don't have to digitize. Um so those those are those are areas that we would explore uh before making any for a commitment in the future.
>> All right. >> I I can also speak to the inventory that we currently have on hand. commissioner. Um, looking at some of the inventory report, it's payroll files, it's cash reports, it's RFPs, and these are all from
>> 2006 to 2013. So, it is old files. Um, I know a lot of stuff Yeah. goes into long-term storage times, but I I believe Mario's goal was to transform the the um the village into more of a digital um and everything is searchable. So now
that these images can be gone through and searched for more efficiency. >> Yeah. >> I know you had a question. >> I was just curious. U Al, were you able to speak to Mario today about this? >> No, I wasn't able to. I was I got
involved with other stuff today and I wasn't had any opportunity to reach out to him. I did talk to Matt and made sure that Matt was going to be here tonight. >> Okay. I do have one question um for the may the mayor or maybe or excuse me for the manager or maybe for Matt. Uh the
content of these scans. I know you mentioned blueprints. Mr. Manager, is there a possibility that the building fund could pay for some of this? Because it since it's a building documents, is there maybe somebody could recoup some of these funds through that form >> through um well, if they're building
department paperwork that we're digitizing, why wouldn't the building department and the building fund pay for this? Yeah, that's something we can explore. Yes, Commissioner. >> It's a good point. >> Yep. >> Yeah. The only thing I have is is there
going to be because we're going to have other stuff that for the future that we're going to have to Is there going to be like a a standard fee that we're going to have to pay? >> No, I as I said, Commissioner, we would explore other ways to retain our records that um I have utilized in um other
cities that I work for. And there's some um uh some some managers like to keep everything. Um my philosophy is once it ret once it meets the state retention schedule and you could destroy it, you should destroy it.
>> Okay. >> Um and and and it was mentioned that the files are up to 2013. Did I hear that right? From 2006. That is some of the years are on the boxes because we were able to index them
and put them into an inventory report for quick access if needed. Yes. >> And so, Mr. Manager, so the years after that, is that being held at the at the um at the offices here? So, at some point that's going to come
back to try to digitalize. All right. >> Um All right. Uh, are there any other questions uh for the manager or for I'm sorry, Matt, right? Sorry, Matt. Um, are there any other questions for the manager or Matt before
we u move forward with the resolution? >> One last question um that I just thought of the original agreement uh how was that broken down? Was it uh the amount of boxes? I heard he said Matt said a number 228 uh or was it per document
because there was also talk about a per document. How is that broken down, >> Commissioner? I have it in front of me. It's attached to your resolution as part of the exhibit. >> So, the the description, it was a three-year agreement broken down into three separate years. That looks like document scanning was estimated at
190,000 images. Um, oversized scanning was estimated, which I was is the blueprints. It's estimated at 1,300 images. The price for the um document scanning was at 25 cents per image and the blueprints were at a dollar per
image or blue per blueprint, I'm sorry. And the total estimates for the but this is for year one for the um 190,000 of documents was 47,500. For the blueprints it was $1,300 was the
estimate. And there was some small um one-time setup non-recording costs of about $4 it was $412. So for the first year the contract amount was $49,212.
For the second year there was an estimated scanning of 200,000 images at 25 cents per image for $50,000. And then in the third year, there was an estimated um 63,250
images at 25 cents per page um at an amount that totaled $15,812.50, which is where you got to your $116,000. >> Okay. So, so Matt, real quick, the 50,000 that we owe, we're not that you're just saying that those are the
additional boxes that were delivered after whatever or does that include uh some costs associated with overages uh that you've already done the first three years? >> Yeah, that would be overages from the
first three years. So, 115 was complete. 115,000 was completed in scanning and um it was towards the end of the project where where uh I believe it was actually August of 23 where we did additional pickups at the request of of Mario and Chante. So uh it's going to
be the overage and a little bit of the last few boxes remaining from the 228 I think uh 195 were completed. So, so this has already been done. >> Only some only part of the project. >> Part Yeah. most of the project.
>> Most of the project has already been done, right? >> Correct. >> Did somebody agree to that additional cost? >> No, that is what we are meeting for today, I believe. >> So, you did the work, but you hadn't you didn't submit it anything. You didn't
get an approval. We we haven't we have not done the scanning for the additional boxes. We just had them picked up and at that point Mario's team said, "Hey, we said, "Hey, we're coming up to the um the end of your budget, so we can't scan them in yet." So, we have not done the
work for the project. >> Okay. So, now now you got me confused. So, this is not for this 50,000 is not for overages uh in the previous first three years. This is for something that you haven't done that's currently pending in a storage in a warehouse somewhere, right?
>> Correct. Correct. Yes. >> And you said it's about 50 boxes, right? >> I believe it's a little over 50. 50 is what we have on hand and then there was another 20, potentially 20 or so at the villages offices that needed picked up in
>> Yeah. >> Okay. It just sounds a little weird to me personally that we went from 228 boxes at 116 to ask for $50,000 for a little bit over 50 boxes. It seems like the price that's why I was thinking that this has something to do with the
overages in previous projects that you had from the first three years because it just sounds like it's a lot more money now uh as far as these particular boxes is concerned than the what you charged the first time. Gotcha. Brad, can I ask you what what's the
what's the state retention policy for how the look back period for for documents? >> Depends on the nature of the documents. There's the schedules are specific to the types of documents that you're looking at. So, >> any of those schedules go back as far as 2006?
>> Yes, they do. >> Yes, some of them do. >> Okay. >> I mean, some HR files are 75 years a after after they employee leaves your jurisdiction. law enforcement files or >> and then uh there's criminal uh there's criminal files that you have to keep a a
lifetime. Yeah. Never you can never destroy those. >> Yeah. >> Good answer. Okay. >> I mean digitizing is a is a is a industry standard for for municipalities. >> I remember having the discussions with Mario and Shante several years ago that
we were well well overdue. >> Yeah. For several reasons. Yeah. And and just if I can and Matt, correct me if I'm wrong, but just reviewing previous emails and um other communications that I've seen while we were sifting through this agreement. Um it looks like in
about in December of 2023, there was there were boxes and materials that Access had on the premises that they did not process because they ran out of budgeted funds. And that's
correct. And that's when they started to to >> store them to >> communicate. Well, they were storing them and attempted to communicate >> with village staff about next steps. The agreement that was approved back in 200
what? What year? The original >> 22. >> Yeah. >> 21. >> January. >> December 21 that you all approved. It had a provision in it in which if you got to the point where the budgeted funds
were expended and did not cover the entire project that there was a provision where a change order could be um created and and finished the project with the additional funds. The the reason why we're here today is because
your contract expired with access and therefore you couldn't now go forward with a change order because you can't extend the contract once it technically is legally expired. So we're here now entering into a new contract and and the
the Hollywood contract that you originally um procured off of is still in effect. So we can use that without having to go out any issue of bidding or um any other procurement issues. >> So I have a question for that because uh
so my question was if the files are up to 2013 to still come to 2026 uh very soon. There's a lot of work to be done. Uh the feedback from the manager that there's other ways to do
this. It wouldn't necessarily be this one. But if the project has not started, why would we not consider doing it another way? Why would we not consider another vendor? Why would not we go for a bidding process to see what alternatives are out there instead of
continue with uh with this uh vendor? >> Mr. Mayor, if I will, just some clarity for Matt. Uh so the original project was 228 boxes you picked up, correct? >> Correct. Yep. And the contract was for 210. So you picked up 18 boxes more than
the contract was for. >> Yes. Yeah. So when we arrived, I was on site and we packed up more than we initially. >> Okay. So already from day one, you were already 18 boxes over. And then you picked up an additional box boxes from Mario and Chante. How many boxes was
that? 50. you said. >> Um, scrolling through an inventory report. Looks like there's 43 boxes, but I can't confirm their size yet. I'd have to check with my location. >> So, 43 boxes and then the estimated 20
boxes that are still here in the village that need to be picked up as part of this project. Correct. >> Correct. Yes. >> So, that comes to 81 boxes. So, there's 81 boxes that are need to be digitized now. So, of the $50,000, I got to divide it out and see what that cost per box.
We'll figure out what the price is. Um, but this project has already started because we started with 228 and and we scanned 192, I believe the number was, Matt, >> correct? >> So, so we're well over 50% of this
project done. So, we just we're just talking about 81 boxes, which is still a substantial number of boxes, but that just for clarity for everyone, so there's no confusion. I was just doing the math here and I wanted solid numbers. >> So, I just wanted uh feedback for to my question that was before the
commissioner went. Uh my question was, is there another way to do this? Albert, that's a question for you. So, you said there's other ways to do that. I wouldn't uh do it the same way for uh 2013 on. Um why do we need this contract
with this vendor? Why are we not bidding this out? What other alternatives do we have instead of renewing uh the contract? >> Yeah. So, Mr. Mayor, if I could. So, I I think in my professional opinion, we should we should complete this project
and then in in the future explore other ways of uh retaining our records. But I think you know the the vendor this has been going on for a very long time and I it's been thrown in my lap and I think it now it's uh uh come before you. Some
of you weren't here when in 2021 but I think we should uh complete this project and then in the future look explore other ways of uh of retaining our records and u and uh maybe digitizing
those that are are long-term records. But um for for her present uh I'm I'm in agreement that uh the best solution is to approve this agreement this this evening and and complete the project. Uh is there any more any other questions
or any other discussion to be had on the resolution before we move it forward? >> None. >> No. >> Okay. Uh so uh the motion and the second is still on the table. Um all in favor of approving the resolution. >> I I
>> Nope. >> All right. Uh >> Mr. Mayor, just for context, I finished my math. Uh 2021 prices were $552 a box. Today's prices are $617 a box. >> Okay. >> Estimates.
>> All right. Thank you. Uh so that was previously I think 9D. So our next item is what was previously 9F which is adopting the commission regular meeting schedule which is 2025-74. Uh Brad, would you please read the
resolution for us? I have trouble finding it. >> Uh 9F. >> Yep. >> Resolution of the village commission of the village of Biscane Park, Florida, establishing the regular commission meeting schedule for 2026 and providing
for an effective date. Thank you. >> All right. Thanks, Brad. Do I have a motion in a second? Make a motion to adopt commission uh 2574 adopting commission record commission meeting schedule. Second. >> Um okay. I think um Commissioner
Huntington I think you pulled this one correct. >> Yes, I pulled this one. Uh first things uh the unless correct me if I'm wrong. The April, July, and October dates seem to be incorrect. Those are coming up as a Thursday for me, not a Tuesday.
Unless my calendar is off. second. >> See what iOS has to say. >> April, July, and October. >> April 2. Yeah, I see it as a Thursday. The first Tuesday would be se This is April would be April 7.
What's the other one? >> July. >> July. July. July. July. July. Yep, you're right. I see it as a Thursday as well. The first Tuesday would also be the seventh. >> October. Then October one. Yes.
>> Yeah, it would be October 6. >> All three of those need to be changed back to the first Tuesday of the month. >> Commissioner, can you give me those dates again, please? >> Sure. It's Well, hold on. I haven't got to my second question yet. Maybe they may change again. But my first one is is April, July, and October. The dates are
all wrong. They're showing up as a Thursday. They need to be the first Tuesday. My second question is I have a personal conflict on in the January date June and October. So I request we change those dates January, June and October. >> January, June and October, you said
>> October. Yes, >> that's January 6. You say, right? >> January 6 be next meeting, the June meeting and the October meeting. >> So then what do you recommending the 13th? I'm open to discussion with the commission whatever dates people are
available if if they know at this point. >> I I have no problem moving there. >> Sorry. What was the date for January you picked? >> January currently is the 6th. I'm with moving to the second week and put it the 13th if everyone else is. >> I I don't have a problem with that. Does
Is there anyone that has an issue with January 13? >> No. Me neither. >> No. >> Okay. Could we please update the January meeting for the 13th? >> Do you want one, sir? >> June as well. Same thing. I'm fine with from the second it currently sits to the
9th. >> I have no problem with that. >> No, I fine. >> Yeah, that's fine. >> Fine by me. >> So, June is going from the 2nd to the 9th. >> That's fine. Everyone's Everyone's good with that. >> And October moving from the 6th to the 13th. October October.
>> It's the first on November. >> Well, it's it's it's should be correctly in there as October one. So, that would also be October 13. >> Yeah, I have no problem with that. >> It's fine by me. Any anyone else have any everyone okay with that? >> Just want to thank you because uh
working a 24-hour schedule, I don't get off at 5:00. I was there for 24 hours. So, uh you guys saved me using personal vacation time like I did this year. >> Oh, that's that's good. I have no problem with that. >> Well, good. July 2nd. So wait, July. Okay. And
looking back to those three the the other two months that you mentioned, April would be moved to the 7th and July would also be moved to the 7th. >> Then you have January the 13th, June the 9th, >> and October 13th.
Gonna go one month at a time here. Um, okay. Good catch, Commissioner. >> Um, all right, that's it. >> All right. Any other any other questions under the the 2026 schedule? Going once, going twice. Okay. Um,
>> need to move it as somebody needs to move it as amended. >> Okay. Do we have a motion to approve the resolution as amended? >> Make a motion to move the resolution as amended. >> Second. >> All in favor? I >> I >> All right, that was 9F. The last one
that we pulled was 9 J. Um, and that's that's not a well, that's not a resolution >> minutes. >> Okay, so it's uh item what was previously marked as night item 9J is the regular commission meeting minutes for October 7, 2025. Commissioner
Amsler, >> I just had a comment. So, um, Pamela, I sent you a note that I couldn't find the video. And that's for Jay, right? >> Sorry, Jay. Yes, Jay. Correct. Yep. >> That I couldn't find the video for October. I had some um notes that I
wanted to verify with it. Um, I couldn't find it. So, if you can provide me that video, I'd appreciate it. I would ask to defer the October 7th for the next meeting until I do. Um, and the other thing is uh yeah, there was a there's a
section that's missing the motion that I made to um defer uh the items from that meeting. Uh but if if it's okay with everybody, I would just ask to defer until the next uh meeting. >> It's fine with me. Um
>> I have no problem. >> Thank you. >> Okay. So um that's consensus to defer the item 9J to the next meeting. And if you can please send me that link when you find it. Thank you. >> All right, that was the final items.
That was the last of the items that were pulled from consent. Uh so we move on to our our new business. The first of which is uh the discussion session on legal representation of
claims. Let me just get it open. Um, all right. So, Mr. Manager, um, do you want to introduce the discussion item for us? >> Yeah, Mr. Mayor, if I could, um, as the last meeting, there was an item on the
agenda that, uh, approval for some legal fees that were, um, were, um, accumulated for a, uh, an ethics complaint. Um and um uh as a result of
that complaint, some private representation was uh was sought. Um and and there was a discussion about when to use the city the city's insurance provider or when to use a uh when the
the the um person that uh is the subject of the complaint could could use private attorney. So I think there was uh agreement that an item should be placed on the next agenda um in December to discuss this further. I think we have
some represent you asked also that uh I would invite our our um our uh representative for from our insurance provider be be able to attend and I think they're on the on the Zoom link so they to answer any questions you may
have. Right. Thanks, Al. Uh, do we have someone on Zoom uh with us to discuss this item? >> We do. Yes. My name is Jen Martin. I'm the executive vice president for Public Risk Underwriters of Florida. We are the administrator for Preferred Governmental
Insurance Trust. So, we we do your uh your property, your liability, and your workers comp insurance. Um, on the call, we also have Monica Coleman and Christine Barnett. They are both claims supervisors with PGCS. That's the claims TPA. And then we also have your
insurance agent, Bill Wilson, in attendance as well. So, we are happy to answer any questions or we can um kind of give you guys an idea of how the process should work um in terms of reporting the claims to us. Uh really,
whatever you guys would like to discuss. >> What I'm sorry, what could you just say uh your name one more time for us? Hello. >> In the >> Can you hear us? >> Hear me? >> Yeah. Sorry, my my headset just went in and out.
>> Can you hear Did you hear what I said, >> Jen? Oh, Jen. Okay, thank you. Uh, so, Jen, right? >> Yes. >> Sorry about that, Jen. I had a hard time hearing. Uh so I well I appreciate all of you being here with us this evening to talk about
the item. uh you know I I I think and I I don't want to speak on behalf of the entire commission but I think the the question that we were seeking to have answered or at least discussed and clarified was when it comes to when it comes to claims either be them ethics
complaints uh you know litigation claims um that are made against village well one village commission members or constitutional officers or employees uh Not really just not really what is the process but we had a
question at least during our last uh meetings discussion about the the timing the timing the process of when these claims are presented to our carriers what the process looks like for you and what the timing looks like for you
because um you know as as we've heard some of these these types of claims specifically ethics commission claims tend to move very quickly um And if there's any any delay, intended or
unintended behalf of the carrier, that it really puts those that are the subject of the complaints at a disadvantage to utilizing our our carrier that's meant to to cover these types of losses. So, can you just maybe provide us a little bit of, you know, pull back the curtain a little bit and
provide us a little information on on how that works and what the expected timelines are of from making a claim to having council uh appointed? >> Can I'm sorry, Mr. Mayor. Just just can I add um something you you I do have
questions on the process as well, >> right? Um I was going to suggest if you are okay with that if if she can walk us through what the process is on a regular basis. Um one of the questions that was brought up on the last minute I think it was Commissioner Gonzalez was um you
know whether is it was the attorney that reached out you know and it was late because we had that in contract but we didn't know. So who's responsible for risk management? who's responsible for us starting the process. Who's
responsible for kicking it off? Um I I just want to understand that that from zero, you know, on uh if you can just walk us through that process and then I have the same questions as you u brought up. >> Jumped ahead a little bit. Uh so Jen,
did you go ahead? Thank you. >> We got that. Yeah, we'll go ahead and just kind of talk a little bit about the process and essentially the way it works. So So you all are covered parties under the form. So when things come through like ethics complaints or any sort of allegations, any sort of formal
complaint, those need to be reported to us as the carrier pretty much immediately. As you said, these claims can move very quickly, particularly on the ethics side. So we want to be on notice of those pretty much as soon as you guys get them. Now it how you guys
decide who from the city reports that to us is really an internal process. Usually that comes through risk management. Um, if you don't have a specific risk manager, that may be your city manager. It could be your HR manager. Um, we know that at small
cities, you guys wear many hats many times, but you should have a party who is responsible for reporting claims. So, if you get one directly and it doesn't go to the city, you need to report that to that person and make sure it's reported um to PGCS. So, we have
multiple ways to report a claim, which I'm not going to get into all of that, but essentially once they report a claim, we immediately send it for coverage review. If it is a rush turnaround, generally speaking, we will go ahead and we will assign counsel immediately while we're waiting on
coverage review to go ahead and get started because generally speaking, we can kind of know what's going to fall within and outside of coverage. Um, so we want to make sure we get a jump on the process and start handling it as quickly as possible. Uh, that's kind of where Monica Coleman and her team come
in. And Monica, I'll let you kind of jump in and you can talk about sort of more of a specific timeline as to what their expectation should be when they hear back on coverage and how council gets assigned. >> Sure. Thank you, Jen. My name is Monica Coleman and I'm a liability claim
supervisor at Preferred Governmental Claims. We are the claims administrator for the trust claims. And so as a member of the trust, we handle your claims for you. Um, and as Jen said, we can get into the details and certainly if you
don't currently have a person who handles your claims, you know, that is the person that's responsible for supplying those reports to PGCS. we can set up a a session with that person to train them how to go through
the mechanics of claim reporting. But basically, somebody needs to be the point person or you can have a couple of point people, but everyone in your organization needs to know who they need to talk to if they have a claim because getting them reported as quickly as
possible. And this is regardless of the claim type. Some have bigger penalties than others like workers compensation. Um, but obviously we want to make sure that if you're owed to defense and if a response is due somewhere that it gets taken care of as quickly as possible.
So, we're going to look at those. We don't expect you to figure out if you have coverage. That's for us to do. So, send it to us. We'll review the coverage and we'll get you a response certainly on the duty to defend as quickly as possible. And then we'll follow that up
with a written letter that lets you know exactly what we see in terms of what might not be covered. So in the arena of an ethics complaint, as long as it's something that they're complaining about that the person did as part of their
work for the village, generally that's going to draw a defense. And so we can look at those and pretty quickly tell you this is going to have a duty to defend it or not, which means you we're going to assign defense council on your behalf. Those can turn around pretty
quickly, a few days. Um, usually it's we can we can jump on them faster than the ethics process, assuming that your elected officials turn them over to us quickly. if somebody sits on them for
whatever reason, it it's going to create, you know, more issue down the line. So, don't be shy. Send them over. There's isn't much we haven't seen. Just send them over to us. We'll take care of it. An adjuster will be assigned. Our
senior adjusters and our level two adjusters are very experienced. All we do is mun in Florida. We've all seen these kinds of claims. We have a really experienced team that um can jump on them, get the coverage determination
made and get cover and get counsel assigned for you to get them um where they need to be. And then for ethics complaints, that process is going to be dictated by the ethics commission that it got sent to, whether it's the local um Miami date or whether it's the
Florida Commission on Ethics. And then they're going to go through their process. If there's an adverse finding, that could be where your coverage issue comes in. Typically, we're not going to if you know, if there's a fine against the individual for acting improperly, typically that the fine isn't going to
be covered, but the defense is. Um, and so the the individual doesn't have to come out of pocket for the defense. If we're covering it, we're going to pay those bills directly to the attorneys. >> And that's where we're a little bit different from your prior carrier. So there may have been a little bit of confusion because I think your prior
carrier does it more on a reimbursement basis. Like if you had an ethics complaint, you had to essentially defend it yourself and once it was completed, you could submit that for reimbursement. We don't do that. It draws a a duty to defend. We will assign counsel. We will get that taken care of. We have a panel
of attorneys that we use who specialize in these types of cases. Um we have several that are in your area specifically and uh we can provide it. it's already been provided to you, but certainly we can send it to everybody. Um, you guys have the right to choose
anybody who's on that panel. We we do the panel because we know that they're experts not only in um, you know, the specific arena in which we're dealing with, but they understand the form and they have agreed upon rates. If there are um, specific requests for attorneys
who are maybe not on our panel, we will consider those on a one-off basis. We just need to receive them in writing. we need to kind of vet the firm and understand why why there's a need for outside panel. Um but we can consider those on a case-byase basis.
Do you guys have any questions on any of that? I guess my first question going back to process was who who's that appointed person here? And I'm looking at the manager and the attorney. So who who's who initiates the contact? I I mean the
experience we just went through uh you know we you know we got to it a bit late. There was expenses that um we just had to cover from the village uh's pocket um instead of going through this process. So Chessa I want to understand in the future what the that's the what's
the process where it's where is it defined? >> So um Mr. Mr. Ray, if I could. >> So, the what these um ethics complaints that come in, as the village attorney will tell you, um they're confidential
and they're you're you're not really supposed to, you know, you're limited to who you could talk to about it. So um when they uh had initially came in uh I felt comfortable that you as elected
officials were talking to your village attorney for advice on how to proceed. Um um I I'm not opposed to to uh and then the employees were talking to me also and
and and reaching out to me and I I I had referred them to the to to the village attorney because of confidentiality of these um these um uh um these complaints. But um in the future if you want me to handle them, I'm certainly
will handle them. So can I ask very quickly on that point? Um from the legal perspective, Brad, I mean we can the village can designate to whomever they wish for this type of role. Correct. >> Yes. I mean you don't have a risk manager. You don't have an HR manager.
So qu right frankly it you you all need to pick somebody that's >> one or two people designated to do it. I mean look the without getting into the disc the total discussions the the the breakdown on what h there's really two
issues. So the initial breakdown that commissioner Gonzalez spoke about in in the last meeting with regards to the the um the bill that was approved for payment for private counsel um is different than than the other
issues. That was an issue that neither the manager and I are risk managers. Um I I won't speak for the manager about his experience in risk management. I don't have the experience as a risk manager. When when your claim came in, we had a discussion and quite frankly
didn't realize that the that the professional liability policy would cover an ethics complaint. And it wasn't until after that claim when it was dealing with a claim that was filed from another commissioner that had we had a discussion and examined the policy and
and um made a phone call, spoke with Bill Wilson and there was a determination that that the claim could be could be presented to the carrier. We we filed that claim with the carrier and the what the issue became then and I think that's part of what needs to be
addressed by by the representatives from from the carrier is by the time the attorney was appointed and then explained what the process was or what they were being retained for.
The ethics commission had already made a determination with regards to probable cause and and from from the point having handled these complaints before for for clients, it is very important as part of the proper representation
to be able to communicate with the advocates for these ethics commissions upon the filing before the probable cause determination is and provide input and information on behalf of your client because otherwise what's
happening is the commission advocates that are examining these complaints are examining the complaints for probable cause based solely on the complaint complaint it allegations with no background whatsoever. >> Right? >> So that that was kind of the breakdown. So the initial breakdown was that quite
frankly with the initial complaint didn't realize that that fell under the professional liability coverage and then once once we did with the second complaint or the second request for for some type of coverage was when we filed it it was somewhat delayed in in um
obtaining counsel. So I two quick questions, one for Brad and one a little bit different for our our coverage folks that are joining us via Zoom to address very quickly um the privilege that the commissioners
individually hold with the village attorney does the attorney client privilege attach when we individually have discussions with you about let's just say about an ethics complaint? The simple answer to that is yes, it does.
Um, there are potential issues if I don't know if you want me to go this far into it, but there there's potential conflict issues that that may or may not arise, but you're if if a commissioner reaches out to me and shares the fact that they're the subject of a of a
complaint, that's not that's not a violation of either the state law or the or the county law with regards to conf confidentiality because that commissioner is reaching out for counsel and the conversations with regards to that complaint are privileged. So that answers the first question. If
because looking trying to get us to a solution here, if we were to say we as a village wish to designate our village attorney as the de facto risk manager so in the event a commissioner has a complaint or a lawsuit or whatever filed against them
for whatever they're doing in their their official capacity, they can reach out to the attorney to advise them that they've been served with whatever proceeding um and that that confidentiality issue cuz I you know as as the manager mentioned You know, I'm certainly sensitive to that
confidentiality and privilege that that privilege would be covered if we if I was to reach out to to the village attorney and say, "Hey, this happened and then the village attorney makes a recommendation to me, well, it needs to be reported to the carrier." That's so if we was to so choose to go in that direction to say the village attorney
will act in that capacity, I just want to make sure that that that discussion that basically that notice would be privileged. So we >> it is that would not vi that would not violate any of the confidentiality pro under state law or county law. >> Perfect. I appreciate that. And for our coverage folks, Jen and whomever is best
suited to answer this question. This I I don't know if we've answered all of your questions, Commissioner, but >> yes, you just stay with us. It was the process one. Yeah. >> Okay. So this kind of comes back now to the second point. Well, the second point Commissioner Aner was making, but the first point that I raised is is this timing issue. And we've heard it again
now from the attorney where the delta for us is there's there's a delay and you know I've worked in insurance litigation quite a bit so I do understand how sometimes you know these these things get cleared and how they have to go through certain people and
you know there there is there is a delay and as we all understand now um expediency is very important uh when it comes to things like uh ethics complaints. I know who was it. I think Monica, I think you
maybe had mentioned something the the effect of, you know, a potential uh a potential event being reported to the carrier. The carrier evaluates for coverage. Issues would likely or maybe always issues a written letter opinion on whether coverage is cleared. You
know, those things all take time. So, is there any recommendation from your side about how the village could could kind of resolve this this kind of situation that we find ourselves in on how to handle um complaints that are
potentially made against commissioners? >> I I think the the most important point is to get them into our hands as quickly as possible. So, if you want to turn them over to the city attorney and he'll send them to us, you
can do that via email. It's, you know, it's we can get them set up within a day. Um, and we can prioritize looking at those to make a at least a preliminary coverage determination on the duty to defend. We can do that in a
couple of days. So, if we get them right away, we should be able to get that done um relatively quickly. The with the especially with the local ones, the local agencies are going to move typically faster than Tallahassee
um with the Florida Commission on Ethics. So, it's really important that we get those as quickly as possible because they will act faster. Um but typically, we can turn that decision around in less than a week. you might not have the fully, you know, vetted coverage letter, but you will at least
have defense council assigned if there's a duty to defend there. >> So, just, you know, I I don't want to hold you to to the representations that you're making now. You know, I understand that every, you know, everything is kind of a case by case basis, but >> from I what I'm hearing is it sounds
like if this, let's say I get one of these >> on a Wednesday and on a Thursday we get it to the attorney and get it up to to you folks, you know, you would anticipate within approximately a week time that there would be a determination of coverage and
if coverage is cleared that council would be assigned and that's again about a seven approximately 7-day time period. Correct. Yeah, I think that's reasonable to at least have the have defense council assigned. You're not going to have the the written letter at that
point. Usually, um that's going to follow, but at least the you know the ability to get counsel assigned and get them work in the case. I think a a week give or take is is reasonable. If there's a significant coverage issue
about whether or not they're doing city business, that might be a different issue. But if it's one where you know somebody's saying you know they are using their position for personal gain or the typical ones that we see um those
generally are going to draw a duty to defend. There's some nexus between the complaint that's being made and the elected or appointed officials position um and their official duties. Typically those are going to draw a duty to defend.
>> All right. Well I appreciate that. So, I think for the purpose of the commission, I see this is a bit of a two-step process. I mean, first we have to >> either ask the manager to make a determination as to who he feels would be best to serve in this position of
again deacto risk management because I don't think it would be hiring a full risk management department. Um, so I use I use the term deacto. Um, and then the second part of it is we've now heard, you know, straight from the mouths of our carrier what their process looks like. And
it's I I mean I look at as, you know, certainly open to any other opinions that commissioners have is that this is kind of you assume the risk and report it to the the carrier or you assume the risk of hiring somebody to get somebody on it immediately and then incurring the costs individually.
>> And and that was going to be my my next follow-up question to that process. So what happens in each circumstance? So um is there a certain amount the insurance uh takes care for in a yearly basis? So say all five of guest get served with
something and then we all go through the process and you provide representation. Um is there a cap a yearly cap? >> There is. If it's a nonmonetary type of claim, there's an annual cap of
$100,000 for legal cost plus. >> So up to $100,000 to cover everything for the year. Let me ask, is it the information available? Maybe you don't have it at hand, but something to to look into at December of this year. How
much has that been used? >> I do not have that information off hand. We'd have to pull all the claims and go through it. >> Okay. So that would be something I would want to know. Um I remember there was a claim that came forward. I think it was a foreman employee at the beginning of
the year. Um I'm I'm trying to understand it's policy year too which starts on October 1st. >> Okay. So that's the other thing. So October 1st. >> Yeah. That runs. >> Got it. And then what happens at that time, right? Um
I mean yours were $14,000 for one claim. It's five of us here. Uh, >> that was actually going to be my question was is the is the $100,000 limit is that per individual or is that aggregate? >> That's an aggregate limit. >> Okay. >> And for if there's no conflicts, we
would be able to assign the same council for each of you. Now, if for some reason there are conflicts, then we would obviously assign separate council, >> right? So, I mean it's still I mean we well this is the policy and the policy if we were to increase the limits obviously we
have an increase in cost on premiums but uh I mean if historically speaking if we've never really even approached that limit doesn't seem like there's much of a a reason to to have a discussion about increasing it but I mean this is very informative and it'sformational for us
because we all need to make the commission needs to make the determination on who we're going to designate to kind of serve in that role and then how you know how we're going to resolve this this gray area that we have in timing. >> I'm sorry, I don't mean to interrupt, but I would like just, you know, this is
kind of the first that we're hearing of a timeline issue on our side from a claims handling perspective. So, that hasn't been raised to any of the adjusters, the supervisors, myself, the agent. So, this is kind of the first we're hearing that there was an issue with our side of the house in terms of
the timeline. I would love if somebody could send me which claim we're talking about so that I can go through it and figure out what happened, if there was a breakdown, if that was on our side. We certainly um we owe a defense, like we
said, we do this for 365 local governments in the state of Florida. We do these claims all the time. Um we pride ourselves on the claim service that we provide. that is what you guys are paying your premiums for, right? Without that, you're just getting a
piece of paper. So, it's very important to us that you're getting the service level that we have agreed to provide. So, I would love the opportunity to dig into where the breakdown was and make sure that if it is on our side that that is not happening again. You guys should
have defense for these types of claims and you should feel confident in that and our ability to provide that for you and the experts that we bring to the table in terms of our defense team and that's one of the benefits of being a preferred member.
>> I understand that. I think I I think from our perspective is understanding generally speaking what the timelines look like from from your end on when claims are reported, what the turn turnaround is and clearing coverage and and after coverage has been cleared, what ass when council is assigned, you
know, that allows them to get up to speed quick, excuse me, quickly enough um to to work with the attorney assigned by the commission on ethics just to make sure that you again as as the as the attorney mentioned um you know the commission isn't getting to a decision
posture without having the benefit of having heard from representation of of the individ the commissioner. So I I think understanding again from your perspective what that timeline looks like to give us some peace of mind of how it should work in a normal scenario where uh because look there's I think
you know everyone on this side would probably agree that there was a bit of a breakdown in our procedure. So that needs to be corrected and we're working on both ends of how to correct our procedure to make sure this doesn't happen again and understanding from the carrier's perspective if things go as they should is there going to be a
timeliness issue >> there should not be on our end >> right so I'm just all I guess what I'm trying to get at is looking back I don't know how beneficial it is uh because I think we acknowledge that you know there was a bit of delay and that very likely fed into the into the to the delay >> sure it's just helpful for us on our end
if there was some sort of breakdown. We want to know where it was so that we can make sure that doesn't happen again. >> Understood. Okay. >> I'd be I'd be happy to look into it further if you want to send me any details um and see what we can come up with. >> Absolutely. And we can do additional
training once you decide internally who you want to have do it. We have an entire PowerPoint presentation we can do for you on, you know, we call it claims 101 on how to report claims, basic claims information. So, especially if you have someone who's not a risk
manager by trade, um, that is going to be filling that role for you, we can get them to a position where they can do that for you effectively without, you know, undergoing, you know, significant training as a risk manager.
>> Yeah. And that's true not just on liability, but on the comp side as well. You know, comp is probably where you may have more claims or more frequency. Um, we can do training on that and um, we can make it on the departmental supervisors to be the responsible
parties who report work comp claims. However you guys want to handle it, we're here to work with you. Um, and we're happy to train and happy it makes everybody's life easier if we all understand who the points of contact are and how things are supposed to function. So, um, we we're more than happy to meet
with you guys and help in that regard. >> We appreciate that. Thank you. Um, >> so, you know, I want to I want to get us to where we need to go. Um, I you know, I'm having heard from the carrier on what the process and the timing should look like, you know, when all things all
things go as planned. Um, you know, it it it that decision to be able to assign counsel to uh any of the commissioners or any of the village uh employees or charter officers or whomever is subject to one of these
things. Um, you know, I want to be able for the village to minimize its risk and exposure while also making sure that the village is is helping those that are going through this type of thing. So, >> sure. The um the other thing I would add
um would be it sounds like and again this is kind of the first we're hearing this but it sounds like coverage counsel was uh selected elsewhere before the claim was reported and the possibly paid. Generally speaking, we don't do reimbursement in that way. But I'm
willing to consider it if you guys send me the information information as to what happened, what it was, who it was assigned to, the bills, that type of thing. We could consider that on a one-off basis. Just understand that you guys weren't familiar with the process.
Um, so certainly happy to do that. If you, somebody, city manager, whoever would be willing to send that information our way, we will definitely be happy to evaluate. Well, that that would be very helpful. Um, and you know, I certainly appreciate the offer. I
think that just having uh looked over at the manager and and having nodded his approval, I think that uh that we'll the village will submit to for your consideration uh what happened in this most recent um
the most recent issue here. So, that would be helpful. Um, you know, I think that we have we have as a commission, we have a decision to make on on how we want to move forward. Um, so I think, you know, again, I want us to I want us to make some progress. We still have a discussion item left. Um, are there any
other questions for our claims professionals that are are with us by Zoom? No, I'm monopolizing the time. >> Um, >> thank you all. >> Okay. Uh, well, I don't think we have anything else. Um unless um Commissioner
um Brad, Mr. Manager, is there anything else? Okay. So, I think that um we know exactly what they cover, what they don't. I mean, >> need to have a written policy because, you know, I had I had an ethics
complaint against me that I would have been covered and I wouldn't have been covered. I think >> I would have had to go on out and hire a private attorney just like you did. And I think that we need to have a policy of exactly what this insurance company covers. >> Well, I think now that we have an
understanding that when these things come to us, they immediately have to go to the carrier because then the carrier will have to I mean, they review these, right? They review these on a case- by case basis and make a decision as a coverage as to whether in it's really up to them uh whether there
there is I mean within the policy language there will be what they cover but then of course it's going to be up to them to review and decide. Um that's why it's the timeliness of the reporting of this stuff is so important to put them on notice immediately so that they can start looking at it right away clear coverage quickly and then get council
assigned. Um, right. The policy would would outline that. Yeah. Yeah. So, >> that's what I was going to say. I think that's more on us, not, you know, not in this case with the company. But, um, for me, I'm looking for that. Where's the
policy that says who does what, what's the time around, uh, that's sort of a, you know, process in place that that we can follow. >> So, maybe, um, yeah, Al Oh, sorry. Was that Jen? >> Sorry. I do have one other thing I could
offer. So, we have a uh a loss control team. Uh your loss control professional is Chris KDson, and he can help you guys put in place any policies or procedures that you may need from a riskmanagement
perspective. Um he would love to meet with you guys and talk about any ways that he can help you do that. We actually have an online tool that will help you build procedure manuals for things like this or any other employment type of practice. Um, so there's a ton
of resources that are available for you. They're all free. they're all included as part of your coverage. And um I can have him reach out to the city manager and try to set something up, you know, as soon as possible or for the new year so that we can um help you guys get in
alignment on on the things that you need to. >> So maybe that's where we start then. Maybe um Al, what we can have you do is connect with Chris, was that his name? >> Yeah, Chris KDson. Yep. I'll have him reach out to Al. >> Great. So Chris will reach out to to talk about kind of some procedures on
risk management and then maybe when we have the benefit of what the carrier is telling us from a risk management standpoint, maybe from there uh we get a recommendation on who would serve who would be best served to be in the position of of the risk manager. Um but maybe that's that's a good starting
point. And uh I know uh our vice mayor had asked about a copy of the policy about coverages. Uh maybe we can circulate a copy of the policy for for the benefit of the commission to to look at it. I guess that's what I would propose as
our next step to to have the carriers uh Chris with the carrier work with the manager to start developing those procedures and then we make a determination as to who would serve in the role as the uh as the risk manager from there once we better understand uh what it should look like. So we are
waiting as a next step to have something as a discussion item with that process uh like a proposal from the manager. >> I think it would be a discussion item, right? I mean this something we'd be potentially be adopting I guess if it's formalized by resolution
>> as a riskmanagement procedure. Brad >> you can do that adopt it as a policy by resolution or >> so yes. >> Okay. Well, that >> the only thing to consider when it comes to the the specifics of an ethics complaint,
>> you're talking about the confidentiality, >> right? >> Um that confidentiality would only apply if it was a subject of the complaint to an attorney. So that confident in other words if that
if if if let's just use a member of the commission goes goes to the manager and reports a complaint. The complaint itself you can do but if there's any discussion about it there's potential
there's potential issues with the manager. In other words, the manager is not providing counsel. So all he could do is say here's the complaint. If that's the root you all decide to do, >> you would provide him the complaint. He would file the complaint as a as a as a
liability claim. >> Right. >> All she should, I would suggest, state that there's no conversation because there's no privileged communication between that individual and the manager. >> You might be volunteering the position
in which you currently serve. Can I reason why I'm bringing that up because I I've lived this before. >> Yeah. >> Issues arise with with that type of situation. >> Okay. Well, I think the starting point again would be for the for the carrier
to connect with Al and talk about what the procedure should look like and then we'll have to the commissioner will have to make a determination or to well, I don't know that might be in in Al's management purview to make a designation. >> Get with Al discuss. Okay,
I think that's fine. Um, any other questions or discussion points on the item? No. Okay. Um, all right. So, that was a So, our last item was uh the item that we approved on the uh amended agenda. Um, Commissioner Hamsler, which was your discussion item, I believe, on the
process for the interviews of the village attorney candidates. Is that right? All right. Um, >> Whoops. That's what I was trying to do. Let me find it.
May I make a suggestion based on a comment of one of the residents? I think this is a very important topic and perhaps uh after we can give a brief you know explanation of what what it is and let the residents comment if they wish to. >> That's acceptable to me. Is that all
right commissioner? >> All right. So commissioner maybe introduce the item and then we'll uh open public comment on the item. >> All right. So I'm going to read the item. Um our village attorney plays a big role in helping Biscane Park run smoothly and legally under a charter.
The attorney advises the commission and staff, reviews our ordinances and contracts, represents us legal matters, and helps make sure we follow the law because this role is so important, essential um it is important, essential that we choose the right attorney. So,
as a background here, um during the discussions for the budget, um we had an increase request from our current attorney from $100,000 to $175,000. Uh the commission ultimately approved
137500 as a placeholder with the negotiations with the firm continued. And at the same time, the commission asked the manager to reach out to experienced municipal law firms so we could compare options and understand the market. Um, this item proposes two
things. One is to see uh our current village attorney firm as one of the firms we're going to evaluate. And the second is to understand if the commission is considering using a scorecard as to how are we going to fairly compare all of the candidates in
order to to choose So I I don't think we have ever talked about scoreer. I think it's important to have that conversation. And in terms of um the villa attorney, the current uh manager received resumeums from firms, special aids and and municipal law all willing
to work with for 125 which matches the rate that the majority of the commission had asked for. So we there was a negotiation between 1375 to 125. Please feel free anybody if I'm misspe speaking at any point. This is my recollection of
of the items. Um so at 125 which matches what the majority wanted. Our current attorney had also agreed to the same amount. So it seems appropriate that we include them in the evaluation process because at the end of the day they all confirmed they would do the job for 125.
It's important to know that there have been no performing concerns raised or at least openly discussed. Um and the purpose of exploring other firms was simply to ensure that we were doing due diligence when it comes to price uh points and references. One of the
questions I had was why not 115? Why why not um 110? I don't know. Uh it we sort of jumped from 137 to 125 and said we're fine. Um so I would like to see what the current law firm has to say about uh in comparison with the rest. The second
point about the scorecard was to keep the selection process transparent and fair. All firms including our current attorney should be evaluated using the same standards. Otherwise, I wasn't sure how we're going to be doing this. Um, and then I proposed some u scorecard
ideas uh municipal law experience um understanding of the charter dayto-day needs responsiveness and availability. So asking who is in charge from the firm um if they're on call 247 like how does
that work? Uh litigation and risk management approach which is what we just spoke about. Um and uh you know again seemed like it was not falling in anybody's lap. Uh including the history and outcomes if they had any communication styles and fit with the village reference and past performance
Florida bar certification etc. and supporting staff if they have any as secondary um attorneys, parallegals as well as the quality of the presentation. So that was the item I wanted to propose. A we consider the current law
firm since um in the negotiations they'd also agree to 125 and they can be part of the presentations we're going to have in December 8th. and B, um the proposal for the commission is that we have a scorecard so we're all identifying
potential uh firms on the same basis. >> Right, Commissioner Amsa? Uh I don't know if you gave all of this out to the other commissioners, but I haven't gotten any of it. >> That should be with the manager because I passed it uh uh on the deadline
>> have on her agenda discussion item. I didn't get it. Yeah, >> I have nothing about it. >> Yeah, >> that uh you know I was I requested that it be shared with everybody through email. Um you should have received it by email. Uh you can ask the manager in that case. Um I don't you don't have a
computer. Um I don't have one printed. >> Yeah, >> I have a vice mayor if you want to look at it. >> Yes. >> Yeah. So um to address uh the point that we heard during public comment, you
know, I'll open before the commission discussions, I'll open uh this item for for public comment. Uh same rules will apply as applied earlier in the meeting. So is there anyone in the log cabin or on Zoom uh that wishes to provide public comment on the discussion item before we
move forward? Bob Anderson 11 1905 Northeast 11th place when I'm hearing a scorecard are I hopefully you're talking about an evaluation sheet and you know that should have been
brought up a while back because to go ahead and write up an evaluation sheet that all the commission likes and agrees with. It's not going to happen at this meeting. So, I don't know when you're planning to be doing it.
This is something that maybe the next time around something like this comes up, it will already be in place. Otherwise, I think you're just wasting time. Thank you, >> Janie Anderson 11905 Northeast 11th
place. As well-intentioned as the scorecard sounds, having watched 40ome years worth of village attorney interviews, one of the things that always stood out to me is the
>> Sorry, I can't hear you. >> I'm sorry. There you go. One one of the things that always stood out to me was the intangibles. >> Oh, is that what I'm sorry? >> One through 10 items that you can actually attach a number to if you so choose. But far beyond that, I mean, you
are talking about the consumate professional with the exception of the manager, the highest level for our village. There's going to be so much that you cannot put a number on. And my concern when we start with numbers, we
get hung up on numbers. That doesn't serve anyone well. And unfortunately, what we're seeing, Dan, I'm guessing you're saying you don't have any of the backup. This is I thought you guys had deadlines and you had to meet the deadline to be on the agenda so that
everybody would have the backup and residents would have the backup. I don't quite understand. Can I reply to the comment? >> Yeah, of course. >> I appreciate you saying that because that we do have we we have a procedure in place that requires the commission
submit items 10 days prior to the commission meeting. I did submit my items within my deadline. They were not included. So, um you can request those items for, you know, to the manager. You can ask the clerk for public record. So,
you can go through that. um they weren't put in the agenda by the manager's decision saying it was late. It's mistaken. It was a day earlier. Um otherwise you would have had the opportunity to see them. I unfortunately you didn't. But that would have been nice to hear your feedback with the item
at hand. Yes. So that's my proposal to you guys. I I hear you. So just taking um the the the the recommendations of the request one by one. Uh the first being that you're asking that we we evaluate the current
firm or that the current firm just say one more time for me. Sorry, I don't think I picked up on it. could they be included in the evaluation or that they >> so so for me first off if we're we went ahead and and started a negotiation with
a firm and we went from 175 to 1375 and from 1375 we have already approached firms asking if they would do it for 125 and some firms said yes at that point we came back to the attorney said would you and I asked the question would you do it for
125 the answer was yes so we're all in the same field of different law firms including ours. They're willing to do this for 125. At some point, the entire commission here was okay with 125 from our village attorney moving forward. That was said,
um I feel fine. I will move forward if it was a 125. I think Commissioner Hansen was a 130 at some point. There was a 1375 we put in the budget and then it went back to let's see what else is there, which is what we need to do. I agree with that doing and I brought that
up. um with the building department. I agree with any vendor that you have at hand. There is an opportunity to revise the contract. If something's not working, has to be brought forward and we have to have the discussion. So I think again um there was some issues brought up. We discussed and things were
moving along and then the money hit. The money was the issue. The money was resolved. It was 125 and we still moving forward. So I want to a understand how we're going to evaluate those firms that are going to be coming right and then on that perspective we have our village
attorney and firm who's worked with the village for several years ready to continue that they said they're interested they're not willing to to quit. Um they're here to continue to serve or receive any feedback. So I I I want to understand where that stands
whether it's part of the conversation to be had or or not. You know, maybe the idea is that there don't need to be included for some reason and then we are okay with that. H and then everybody makes their own decision based on I don't know.
>> Vice >> we invite we put out a thing to get five other people for 125,000. I believe that our present city manag city attorney went down to the 125,000 because there was other people that were willing to do the 100 >> right
>> and that's fair that he can do it but we have other people that apply. I don't have a problem with evaluating. I truly believe we have to evaluate the present sitting attorney um on stuff that's done in the past and I also want to evaluate
the other ones. These people put in applications to to come for city manager. Now we can't just say well we don't want them now because our president attorney agreed to 125,000. I think we have to do an evaluation on all of them and decide if we want to go
forward because the things that are going to be coming up in the future that I think we need to think that we might need to have change. >> So are you okay with the firm being part of the selection process on December 8th? >> Yes. I definitely I want them to be part of it. Yes.
>> How does the rest of you feel? >> The only reason I mean I'm per I'm absolutely perfectly fine with it. I'm glad they want to be part of it. Uh, but the last conversation that we had up here, we said they didn't have to simply because we already know them.
>> Um, so that's really the only reason that they weren't included as far as part of the presentation. >> Yeah. >> But if they're if they want to that's listen, that's great. The I'm fine with that. >> And to that point, exactly. It was my second point of scorecard. So knowing that we have this firm and we have
someone that's worked with the village for longer, obviously they're going to come with a different knowledge. What what what are we going to be asking uh in structuring the measurement among these firms? How are we going to evaluate these firms? >> I go ahead. No,
>> but for me uh I have no problem offering offering the invitation to our current firm if they would like to join in the group. I fully welcome their participation. If they don't, I that's up to their choice. I didn't ever feel like we excluded them. I felt like they if they if Brad would like to make a presentation, I will always say yes to
that. That's one thing. uh scorecard uh that goes to I would like to respond to Janie Anderson as well is uh this was an issue at the last meeting and commissioner I understand that your item might be technically inside the deadline but with two observed holidays during those 10 days sending an item out at
11:59 on the 10th or 11th day right there when it's a weekend and there's Thanksgiving this should have been sent out well before and I and I would have supported it and I would have supported it if we had time But I frankly don't think we
have time. We It's It's the meeting is next Monday and uh I concur with Jamie Anderson. There are things that don't fit into scorecards. You can't put a number on. So for me, I don't see a value in a scorecard. I probably won't if you if the commission approves it, I probably won't be utilizing it. I will
go off my my interpretation of the attorneys. So >> Got it. Okay. >> Uh I agree with uh with Ryan as far as the use of a scorecard. I'm I'm going to go based on my conversations with all with with all the the attorneys
independently. Um the uh research I've done on them personally and also their firms uh as well as recommendations that I've been able to get from uh people that I know in the industry. So that's how I'll be evaluating everybody.
>> Yeah, that's the same way. I'm I've talked to all the I have one more left at 9:00 a.m. tomorrow morning. Um but I met with all of them and it was just a lot of questions I didn't ask them because I just wanted to have on how um
so I did my evaluation already and that's how I did it with the city managers and all of that. I don't believe in scorecards because scorecards can be misleading. Yeah. Um, but I think we need to we need to possibly look at possibly replacing the president firm, especially with the problems that I'm
having with this one. And I'm one of five commissioners. So, I think we need to to have the evaluation with all the with all these people. And they took time to come here. And uh, you know, we have two of them here tonight. We have one that was here before for two
meetings in a row. And to me that's very, you know, so I'm opening up that we should be able to interview all of them. >> Yeah. >> Have them have give their presentations because I think it was you, Commissioner Amsley, you brought up one in reference to uh
law. And if I'm misleading saying it, I apologize about some of these law firms might not know what a small village does. >> Something like that you said. And I think that that's what we need to find out if these other law firms can handle that. and I've spoken to all of them and
they all know small city issues. So I think that we really need to look at now it's possibility that this commission votes to keep the president city manag um city attorney. I hope it works out. Um but you know I just have to do an
evaluation myself. >> I think I saw this interview process as being similar to how we've done it with managers in the past. Yeah. >> We have them here. We we speak to them in advance. Uh each of us we have them here. we have an opportunity to ask them questions as a panel. Um, and you know,
then we get together and we we I don't know if it's going to happen this way, but probably rank them say these this is who I would go with. These are the reasons why the I I do like I mean I like the idea of having a uniform process as such as you're proposing. Uh, I think it's a good idea because it
helps give us a level playing field and that we're all evaluating on the same terms. The only problem I see with it here is that a lot of these kind of proposals is I don't think we're comparing apples to apples. If we say how responsiven how responsive and available has you know our current firm been
>> was talking about the contract like are you you know 247 available like >> I see >> that sort of thing not not not obviously based on >> I see what you mean I misinterpreted but I don't know how I can >> pre-rank a lot of categories without
having experiences with that part with that particular firm and individual. So it's it's I think it's just a hard at this part of a positive we're reviewing >> totally agree. Um but when we're evaluating folks that we haven't even had an opportunity to work with yet, I'm not sure how it's comparing the right,
you know, the same it's how we're putting them on that level playing field. So I would see it as as happening the same the way that we've all done in the past is, you know, we'll speak with each of the candidates, we'll have them here, we'll have an opportunity to talk to them. Um, and then we'll all discuss, you know, we'll discuss who where we
rank them, how we feel about each of them, and which direction we'd like to go forward, and why we feel that way specifically. Um, I think that makes the most sense just because it's worked for us. >> Yeah. >> Um, is this type of process, I I like it. I like how we've done it with manager evaluations in the past because
again, I think it all puts us in evaluating the same categories and the same elements. So, I do like it for that. But interviewing, I think it's just it's probably for a later time. Oh, fair. Um, appreciate the feedback. Um, so that's it. So, we would have to ask
then, Bradley, I don't know if you're going to be part of the presentations December 8th. And then how does transfer to the deadlines in terms, I'm sorry, to the time frames that we have scheduled. So, you would have to coordinate, I guess, with the manager to see when and
how to move that around. >> Discuss. And then um if you'd let me answer to Commissioner Huntington on the item on the resolution. Sure. Appreciate your feedback in terms of what you think um I should have done for the item. But we have laws in place for a reason. This
policies happen when the entire commission vote for things to happen. This is not I would prefer you to do a certain thing a certain way. It's specifically not to me only. Um, I think, uh, this is not the first time I've talked about, you know, setting
precedent with me, specifically on procedures. Um, so I'm very disappointed to hear that from a commissioner. You're here to make sure the laws are follow. You're here to make sure that we are fair uh, and to see that the resolution asked for 10 days prior. There is a
reason for that. And I told this to the manager, so I'm going to share with you. We all work here. We all have different time frames and schedules and we all have commitments. We don't work for the village. So there is a not a 9 to6
there is not a Monday to Friday and there's no holidays literally. I would have loved to make sure that they go easier on the holidays. It wasn't my intention to make it harder in any way. Unfortunately that's when I got to it and it was a day prior to the deadline.
So I do ask of you as a commissioner sitting here um as a resident that voted for you to please make sure that the resolutions are applied for everybody the same way. That's it. Thank you. Thank you for your
feedback on the item. >> So can I just say a couple things about the attorney since we're talking about it? >> Yeah, of course. Um, so what I was thinking is that, you know, we when by the way on on the ETH I'm ready to
make a selection or whatever that selection is. That's another thing that we need to talk about because I'm planning on making a motion that night. Uh, I I I don't want to continue to play this game and delay this thing. >> I I appreciate you bring that up. That's actually a good question. >> That's one that's one thing that we can
discuss. Yeah. The other thing is I was thinking, you know, whatever whoever whatever uh selection we make, we do at least a minimum of two because at the end of the day, the first one is we're going to talk and we're going to try to negotiate with them and we don't know,
you know, once the manager gets into a negotiation with whomever the the person the the firm is if that can go sideways. So, I would I would suggest that we have at least two. We pick the top two that we say, "Hey, look, these are the two that we would consider working with or whatever." That way if there is a
fallout with the first firm for whatever the reason in the process then we don't have to have another special meeting and another you know another discussion and bring people back. You know what I'm saying? So those are just two things that uh that I just wanted to bring up. >> So the idea is to pick that night and
then um you would move in Yeah. And you're saying you would move to negotiations with whatever firm we're with to close negotiations. So we probably have another discussion with contract and all of that how we've done it with the MA like that with the manager.
>> Yeah. >> I I believe you all got some information to uh on some questions that I asked uh about the financial part uh and the commitment from each firm for a certain amount of time and whatnot. So I think that that's also part of the the whole
you know negotiation. >> Yeah. Okay. I I think that that's prudent art for us to be prepared that evening. Well, e even if someone here doesn't necessarily want to be prepared for that, you've now prepared them prepared all of us to say I'm I'm advancing this on the evening of the
8th. Um I have no problem with that idea of saying this is our selection and should things not work out, you know, picks a backup so to speak. I think that's fine. Um I don't have any issue with it. Um I'm open to any other ideas on how how we proceed on the ETH, but uh
I think that the way that we proceed is we spend the time with each of each of the candidates. We ask the question that we're going to ask um and then we move forward at the end of the interviews to the discussion portion where you do as you mentioned. I think that makes the most sense and I'm I'm open for any
alternative views. >> Okay. >> Yes. >> Okay. >> Thank you. >> All right, everyone. Well, I appreciate the time this evening um at this point. Yes. >> So, uh just one thing before we finalize this is um >> certainly >> agenda item.
>> Since the village attorney will be present, I mean making a presentation on December 8th, >> he had uh I think he originally was going to sit in during those meetings. He would be at a the other applicants would be at a disadvantage for him to be
sitting here during those entire presentations. So, we were going to invoke the rule for everybody that they would have to be outside and and and not be present. So, I I'll if if it's okay with the commission, I'll bring in someone an attorney to be here that
night so that you will have some legal representation uh and some guidance if any issues come up that h that somebody that has no affiliation with any of the applicants if that's okay. What sort of questions would come up for a representation that we would need
another attorney for? What what what what's the idea like what could >> anything that m uh commissioner anything that you could anyone that here could raise during those those presentations or any issues that you may have. So, u is up to you. If you don't want to have
legal representation during a commission meeting, that's up to you. >> I I have I don't see an issue with it. um to have someone uh an uninterested party uh that can answer a question. I mean, we're going to be talking to attorneys about legal proceedings and
opinions and and processes. So, having someone here that can answer a question, I think, is probably fine. Uh I don't know if the rest of the commission feels any differently. >> Yeah, >> that's a good question. >> I'll be negotiating. Yes, commission.
That's fine. What's one more attorney? >> Okay. Yeah, there's there's plenty of us. Um All right, everyone. Uh well, at this point, we're having nothing remaining and nothing rolling over. I'll ask for a motion to adjurnn. >> Make a motion to adjurnn. >> Second. All in favor? I I
>> Thanks everyone. Have a good evening.