##VIDEO ID:EzLex8RY2ps## pledge Al to the flag United States of America to the for it stands one nation God indivisible liy and justice for all you very much Madam clerk might please have roll call please roll call Mayor nerson here vice mayor Martin present council person urbom present council person life award is not in today council person Winters pres also present for the record Janice jakobe Village clerk Chris Alo Village manager and Joseph Geller is on the way thank you very much mam click I appreciate it um may I please have a motion to approve the agenda so moved moved by vice mayor Martin may I have a second second second by council person was that herbon all in favor say I I I all of f say nay hearing none moving right along now we're to the good and Welfare all right so say something real quick how's everybody doing good to see everybody here um all right so usually mayor Omar is really casual and laidback and I'm still laidback and easygoing and informal but um we have something on our agenda tonight that uh has been challenged legally um so because it's challenged legally I can't be casual and laidback got to go buy the book so we have to go strictly by the book when it comes to the agenda and therefore um on the agenda if you look at your agenda the way it's always been um we have the good we have we always have two good in welfare you have your first good in welfare and then you have your last good in welfare normally you know I let people come up and down as much as they want to I let people you know sit down come back up I do all that because this is now a legal matter and we have to go strictly by the agenda you see it says right there the section of the agenda is reserved in the spirit of represent representative democracy um and for the people and is specifically provided as a mechanism for the input and Solutions on matters concerned of villagers we request that the comments be limited to three minutes per person and the speakers and the audience maintain property cor at large the speaker should only should keep only to the issues on the agenda all right so so 3 minutes unfortunately usually I let everybody talk as long as possible but I can't anymore we're now into the legal sector all right so three minutes you have your clock there when you come up I will hit the three minutes when it gets down to zero there will be a sign there will be a little sound that lets you know your time is up and then I'll bring it back to three minutes for the next individual to speak all right um and that's how we now have to do it if you want want to talk about anything on the agenda this good and Welfare is the time to do so before we vote okay this good and Welfare is the time to do so before we vote all right okay there's another good and Welfare at the end you're welcome to speak there also but that will be after we vote on everything all right all right anybody have any questions okay yes you you you'll be good don't worry if you go a little bit over it's all good all right you guys all right um that being said so let's open that up for good and Welfare um you have anything you want to say you guys come up one by one and say your name and address for the record and the floor is yours for those three minutes so come to this uh Podium right here and the floor is yours jump right up everybody good you you're kind of off yeah come up you can talk about anything at all come on up come on up M Mr Brown you want to come up first come on up Mr Brown come on up not everybody at once Now's the Time Now's the Time just say your full name for a record please it should be at uh 374 Northeast 85th Street okay okay yeah I'm good um so I cut this down to to fit within the three minutes you're good um so in regards to the launch Mr Mayor and the members of the council my name is Colin Brown and I serve as a consultant to elportal sustainability and resiliency task force I'm a practicing landscape architect and my time with the task force was specifically spent studying and presenting storm water retention and detention methods in association with sheet flow runoff from perious services within the drainage of the Little River Corridor my studies were particularly focused on little farm trailer park and the launch properties over the course two years I spent hundreds of hours and presented several documents to educate and explain the mayor and the task force course about the El Portal's unique opportunity to alleviate flood and pollution issues through ecologically focused design elportal has the privilege to set Global precedent in a world desperately searching for solutions to protect and save their F their sensitive freshwater ecologies none of the concepts that I explored worked against development of the land itself which is a central component to elport Tal's future success it was stated by task force colleagues that the studies that I can cond conduct that the studies that I conducted could serve as a plat platform to develop elport Tal's Antiquated environmental code the Antiquated code needed to be developed to protect our cherished River this was discussed this was the direction that the task force members were pushing the conversation utilized as a ground uh utilized as a guiding document for the task force was the Little River AAA plan which calls for living shorelines Parks Parks providing protection from flooding and limiting develop limiting development in flood prone areas in response to this action plan the launch completely overlooks recommended process and assessment and as a matter of fact the launch site is called out within the guiding document as a flood prone area simply raising the level of the site only displaces the water within a flood condition making the low-lying areas experience increased inundation increased inundation levels other low-lying areas that is in the little River Corridor this is exactly what the AAA plan was trying to avoid the AAA plan calls to make us safer by protecting our communities from floods to be Equitable by recognizing unjust discriminatory policies to build with nature and to align on other initiatives throughout Miami Dade County the launch does not appear to meet perious service ordinance no such plan was provided for the December 10th meeting despite citizens expressing concern the launch does not pay homage to the Testa despite the word cista being used to market the area the launch does not use or is not building with nature as a matter of fact they are clear cutting an entire Bank of native vegetation destroying habitat for thousands of animals as it relates to aligning with other initiatives and plans the launch has received denials and disapprovals from both Derm and sfwmd yet despite these denials The Village has approved the site plan mayor Nickerson okay mayor Nickerson I ask that you give this development project the time and process that it deserves I ask that you think about your years of hard work that have brought you to this moment in time to do something unique something courageous Something Beautiful Something meaning meaningful something that solidifies your service to elportal and its Community both humanitarian and ecological something that your family will be proud of the launch is not such a development the launch is an eight-story building being promoted by an attorney who states that the banks of the Little River exhibit no Wildlife because of their Urban character I was very disappointed with the back and forth that was allowed on this commment in the December hearing all right mayor the little river is not Miami River long ago they stripped Miami River of its natural Integrity through an archaic and insensitive development model I ask that you and your Council conduct the following in an effort to make this project a pilot project for South Florida one design a large storm water swell between the building and the river to collect all storm water on site the storm water basin should be designed with native plants that can handle periodic inundation and that Foster biodiversity in the Little River Corridor two have a de developer pay have the developer pay for ecologically focused drainage solutions by way of retention and detention areas along Northeast Fourth Place and Northeast 82 Terrace it is the developers who have chosen to develop in low-lying in this low-lying area three Mand that the developer put together a site plan that actually depicts the permeable surfaces four mandate that the developer hire a consultant to look and design alternatives to preserve the mature native trees on site to the council we can do something great I have faith in you spe specifically to members Anna Lightfoot Ward and Anders bbom I ask that you defer the development agreement for this project you have my support it is a blessing all right it is a blessing and a privilege to live on the banks of the Little River and I am honored to stand before you and speak this evening I deliver this message with love and admiration for those who serve our community and the special Village that we call home sincerely Colin Brown thank you Mr Brown appreciate it thank you very much appreciate it thank you we'll respond to anything that we want to respond after once we get later on and we discuss as a councel thank you um next individual who wants to come up and speak first and last name for the record about anything at all come on up no problem you're good you're good good um my name is Sheila oeral I reside at 174 Northwest 8 I'm 172 Northwest 87th Street for 25 years so I should know my address but um I'm here uh with some other neighbors from 87th street we you know you know 87th street is special right it's beautiful Street beautiful canopy Great Character great neighbors and we are we're behind the ball uh on a development that's going on on 88 Street at 176 Northwest 88 street it's behind these two Property Owners live uh directly their properties ad jooin and um it is going to be twostory you know what I consider the concrete block I don't know I'm sure there's an architectural term but I'm not crazy about it because it doesn't keep with our community right it doesn't look anything like anything that is anywhere on Northwest side of Miami Avenue and um the two ladies and I live just across the street from them are going to be you know the H the second story is going to look down in their backyard they both have beautiful backyards outdoor kitchen beautiful seating areas just Serene and beautiful and this is taking and there is a concept in government called takings to me this is taking from um our quality of life you know I have an empty house next door to me that I fear that that's going to be the same thing and they would be able to see directly down into our backyard so I have first a question about that because they just knocked the house down it's all down except for I think one wall now and we are getting some odors from the property um I don't know if there was a septic on site but it's septics smelling odors from that property tons of dust and both have had to water their back to try to bring the dust down uh but you know I know that they've knocked the house down they divided a double lot into two Parcels they're going to have house house you know right there and is there some way we can require if these are going to be developments approved in elportal can we have it where they have to build a they it's calls for a six-foot fence I looked at the plan but that's not going to do anything for that second story so can they is there a way to put a privacy barrier you know trees Hedges um something to require developers to do that to protect the taking of our quality of life from the people who already have lived for 25 years in elportal and um so that was one thing if not can there be cuz they're going to sell these units or houses they look like town houses May okay they're going to sell them for or they have hope to sell them for $2 million a piece um that should provide because they'll make millions of dollars on the deal uh for some compensation to peoples whose property adjoin those properties if they can't build a privacy hedge can they offer compensation to neighbors who may want to do that on their side out of the property so those are my two questions I'm trying to figure out a way to not be the oh you know nimi we don't want it here you know and I know it's coming all over in Miami Shores and B meat but eleral has just always been special that way that's why we moved there because it didn't look like those other places and it wasn't overly zoned you know people so that's one thing can I go for a second thing real quick go ahead all right you let him go come onad all right um that the house next to me has been vacant at uh 162 Northwest 87th Street For Five Years it'll be five years in April no one's lived in the home um there's as far as I can tell there's no electricity in the house so it's got to be you know mildewed and in very poor condition and then they have um zoning violations really bad trees that are 20 ft high in the front none of our houses look like that you know we all pride ourselves in keeping neat yards and um kind of an open format they have invasive trees so that's my question the the tropical U almonds are in the back that were planted by one previous own the last owners I knew and they have now spread to the house behind me they've come up in my yard but I pull them up and they're extremely the the seeds will travel by air by water they're down at the school now and I foresee soon they'll be on the nature trail too so is there do I call County Extension is that how we deal with that I mean what's the address again 162 uh yeah uh no 16 for Northwest 87th Street uhhuh and it's owned by an LLC so I'm thinking something similar may be coming next door to me so you know but I I mean we care about each other we take care of our neighbors and um so I don't think it's right or fair and I do think it's a taking to take quality of life from people the as far as the invasives and they are invasives and and um so do I call County Extension or can you can you send um myself in the manager an email yeah like just kind of just briefly saying just like what you said here about that property the 164 Northwest 87 Street I can and so we can start to kind of look look at it and see like what we the code I did file a complaint with code enforcement I know we were like in between Code Enforcement Officers so okay and he did come by I didn't speak to him I don't know you know what the action is or anything but everybody else in our neighborhood from having to pressure washer roofs cuz they had a little spot on it to you got to change your driveway because it's a double and it should be a single uh to you can't have higher than 4 foot hedge in the front and these are 20 feet high and it's scary and it's got junk all on the yard in the front and the back rats uh raccoons and it's a danger CU I can't pull out of my driveway I mean I just slowly slowly slowly but it's a very you know big risk um and I would if anybody lived there it would be a big risk for them as well so um you know I would just like to see some action it's been five years been empty if it if someone lived there I would go over and talk to them I'm not one to come you know file a complaint not say anything you know but nobody lives there so I just don't know what action to take yeah just send just send us an email so that we can have start the paper trp so we can start to do like that okay all right all right and then on the okay on the other one yeah so that property has to come back before Planning and Zoning um I met with the the ladies uh recently and we we did talk about the concerns that you brought up yeah um not not so much as the Privacy one that's a that's a new one because of course that wouldn't come from them and that that wasn't uh spoke about in the Planning and Zoning um I'll get your email address once you send the the other email and then I'll use that to kind of contact you and kind of talk to you about what was talked about in the meeting and then we'll see what's possible with the Privacy aspect that you're talking about all right if there's some amicable way that we can deal with it you know I mean it's done the house is knocked down so I you know we're late getting into this but just seems like there should be some mitigation that we could do that might be and I'm a strong environmental person and a retired public school teacher and I um appreciate what you said earlier and um I just don't like to see the invasive I know people just don't know they plant trees and they look like they're this big old cute and they get this big and they're not cute and they really can spread quickly and we'll have a big uh problem with that invasive almond so thank you very much I appreciate it thank you next up I'm trying to stick to my three minutes but I love y'all so much no you're good you're good you're good you're good come on now just say your name and address for the record you're good don't worry we're good hi I'm Chloe Chels and I live at actually 5701 biscane I'm a Morningside resident but I used to live in elport t and uh I'm executive director of Pelican Harbor seabird station so we're uh break we just broke ground on the property on just on the other side of the Little River at 388 Northeast 82nd Terrace and uh for those of you that don't know we are constructing a 8,000 sqare foot Wildlife hospital and education center there uh and a third of the property it's a 2.6 acre property a third of it going to be outdoor rehab pens for uh Raptor Raptor flight cages and birds Pelicans seabirds raccoon or not raccoons maybe a few raccoons uh possums squirrels songbirds uh we currently treat over 2,000 animals a year of about 150 different species so we'll be expanding there and also having a lot more uh on-site programming for kids so uh I'm not here to protest development at all but I uh just do want to advocate for the natural environment um we've also been hearing about these potential future pumps uh that the south Florida Water Management District may put in uh I was there this weekend and counted 30 manatees which is incredible um so I'm just here to kind of advocate for care of this special neighborhood and uh also for I before I was at Pelin Harbor I actually worked for an architect for 10 years and you can use used design also as a differential to create something really special um and that uh may actually increase the values of those properties when you're considering the history uh our our site is actually a test a Native American Site we've had archaeologists working there since March uh we've had it's a Brownfield we've been doing soil remediation so you see all these layers of the city and uh I just ask that the project be considered under the existing codes uh just to maintain the special characteristics of elportal and uh the surrounding properties thank you thank you very much appreciate it thank you whoever's next come on up how you doing they're good evening my name is Gracia Maria I live on uh 85 Street 376 I've been there for a little bit over a year and I'm just coming up here to second on what my friend coling and Chelsea had say being an advocate for the Wildlife I have a canoe and I try to go out of my canoe a few times and a week and I have so many videos on my phone of the Mana this but I also have this video that was taken right on the other side of the bridge that I can show you guys of like over maybe like aund like three to 4 foot long fish H that's a lot and it's very impressive to see and it's also not just been just one time and we also know about the Coco DRS that have been H visiting there a lot of Turtles um Eagles we even had like a white uh how do you call this a white Bol eagle and also photos of this so there's a proof for all of this there's there's evidence that there's uh wildlife in this moment that is is really thriving and this is H such an honor that we are um being given this this blessing to to commune with with these amazing beings and uh and I think that we should strive to to be there Keepers yeah um anyways have a beautiful night I hope thank you very very much thank you next up hey how you doing Adam old um with the Little River Conservancy it's 140 Northeast 86 Street um I have a letter that I've sent to the clerk to enter into the record but I'll probably just try and summarize it here for you guys um I'm a a the president or vice president of the Little River Conservancy were an environmental nonprofit that um supports the uh cleanliness the water quality and the wildlife of the Little River um through you our annual cleanup each year as well as um as well as uh educational efforts you know talking about the history and um the areas around the River as well so um I'm a a big a big supporter of the Little River uh I've talked to the barington brothers I know they also um live on the Little River and are supporters of of the Little River so um I'm also uh in my day job develop affordable housing in the city of Miami as well as um the neighborhoods around here and north of here um so I understand that there's tension between development and and and Wildlife and trees um what I would like to um you know ask the the commission the council here to to just see if they can come to an agreement with the developer um the trees on that bank right now are Rookery for um you know many birds you at anytime you go there you'll see hundreds of birds flying out of those trees hanging in the those trees um the white ibbis fly down the river and and Roost there um I'm sure um Pelican Harbor has has seen as they they develop their site um the importance of those trees the manatees in the water obviously the crocodiles are very important so we'd like to ask um we understand the building is coming one way or the other is it possible to add a little more tree coverage on the river side of um that area um is it possible to create some more perv area um around the building right now um you know I'd love to see like at least the amount of canopy that's there currently um I know there's mango trees and stuff getting cut down um but I would like to you know try to at least replace and ideally add more canopy to the area um I think this is possible looking at your site plan and um you know I'd like the commission to please take a look at this and uh you know see if there's a way to negotiate this with the developers so that everyone can win thanks thank you very much it was two things you said you said tree covers tree canopy and what was the other thing tree tree canopy and the perious the perious services thank you she's going to tap that down so that nobody trips um who's next come on up all right hello my name is cristelle and I live at um 10:32 Northeast 82nd Terrace I'm not exactly in the elportal area but um I'm a landscape designer who worked on the Little River adaptation area action area um in which that site was part of so I feel like I need to come today and speak a little bit about what I think about the project and what could be done to improve it um so over a year we studied closely the area to identify problems and then find Solutions to overcome the challenges of climate change so the few concerns we have about the project is that the first of all the project location is very critical a lot of you today have mentioned like touched upon those um those points so it does sit in a 100-year storm water flooding Zone and it's adjacent to one of the largest urban heat islands in the area that nearby um strip mall it's also one of the very few remaining pockets of green spaces locally that we have to Vis that we love to visit a habitat for birds and all the manatees and all the wildlife that are vital for the health of the ecos system unfortunately it appears that the design doesn't meet the minimum required uh permeable surface area leaving a little room for natural storm water infiltration it features setbacks that are really minimal compared to the massive side of the building it seems um and then it has very limited green elements just a handful of palm trees and a very narrow planter surrounded by hard surfaces but the project has really the potential to become a new standard for the area and we just have to make some improvements to get there so I would highly recommend you to expand the green spaces as much as possible integrate A diversity of native plants to support the biodiversity that everyone's talking about and um increase the permeable surfaces to allow water to in infiltrate naturally um and then reduce the runoff and widen the Waterfront setbacks again as much as possible to preserve or uh restore the living shorelines um because that really um stabilizes the soil oil and buffers against Storm surges so yeah I really think these changes would be essential to the health and safety of this area sorry I'm a little bit emotional about all of this um but um yeah this project could be really an amazing project that we can all be proud of and could set the uh a new standard for for the projects in the area thank you for listening thank you good evening my name is Anthony paneno and I reside at 48 Northeast 88th Street I'm in the middle of writing you an email right now you are okay perfect so I might what in law we say the dissenting opinion tonight I I would assume um I that being said I don't want to to come across as not supportive of wildlife because I am but I think that there should be a distinction between supporting wildlife and um putting human life uh first um we're experiencing the area a lot of raccoon issues and infestation which is uh you know carry rabies and disease and it's not as was mentioned before um nothing is being done by the village of alportel um as a matter of fact there's very there's many homes that don't that don't keep a pristine uh environment a lot of homes that actually feed cats and and animals um there's some homes that have bags of cat food right in front of their their front porch um even in in environments where we preserve Wildlife we're not able to feed the wildlife so in alport it seems like distin this distinction is being made yesterday I had a food delivery and the the lady from Amazon um H Foods would not come out of her vehicle because she was afraid of two raccoons screaming at her or whatever that sound is um we have not used our pool in eight years since we lived here because even though we spent $177,000 on a pool cover they poop on the pool cover and I will not go I will not take my son to the pool so um I asked today again that something be done um I'm repeatedly repeatedly told that um El Portell doesn't have the the money alport doesn't have this this type of service to help to help its residents um but maybe we can find a way to to sort of find a solution and maybe find people that are feeding these animals um you know I'd like to be able to take my son out and play in his playground I like to take my son out and take a walk at night um in the past I've brought up issues such as poor lighting and I've been met with resistance because we are a bird sanctuary again I think that the health and safety of the people that live in Al portel is more important and if someone wants to walk to these meetings at night they shouldn't feel that they can't do so because of safety concerns and whether or not there those concerns exist safety is something that you feel and it's not indicative of whether or not something has happened in the past so I ask that these two issues be thought of collectively in the sense that Wildlife is great and we want to preserve it as much as possible but not to interfere with human life and cleanliness um but that specifically the raccoon issue be addressed because it's one of the reasons why we might be putting the house up for sale well we don't want you to go anywhere so well yeah we don't want you to go anywhere but you know i' I've just been to Sarasota last week and I saw areas that are pristine and and just beautiful and and they're not against Wildlife just because they're clean yeah um they're just beautiful areas where people care about people and they mow their lawns and they um thumbs down uh cleanliness is cleanliness um whether you agree or not I I believe that before you you you cook in your kitchen you clean your kitchen and the same thing goes for your property and your neighbors and it's just general respect yeah um raccoons are are are you know you don't want rats and your your property you don't want raccoons I do you do well then we should send them to your place but still it doesn't mean that you can feed them because if you do so real quick excuse me Mr We're not gonna go back Mr Panton um so some people if anybody walked in late uh doing the good in welfare is where we're going to get out um what anything you want to say and it's three minutes per person and it says here and I quote the audience should maintain proper Decor at large okay can we refrain from yelling from the audience thank you very much that would be proper Decor all right go ahead I I'm just voicing my concern whether you know you agree with it or disagree with it obviously we're all here for different reasons if you want to build a 10-story home you might agree with it someone else might disagree with it um my issue is I think that children playing outside and adults not not feeling that it's a dirty environment should take precedent over um you know our care for raccoons and they do have rabies unless you can certify otherwise they they carry rabies yeah thank you yeah thank you very very much appreciate it um yeah I wrote the email about setting up the meeting with yourself and myself and the manager so all right so just answer that when you get a chance um who is next yeah yes yeah anything you want to say we're going to do it we're going to knock it out in this good and Welfare yeah for anybody who walked in late um because there's a uh you know we have something on the agenda tonight that where a lawsuit is uh being developed so um I can't be as casual as I usually am so we have to stick strictly to what the agenda says and therefore um we're doing the 3 minutes per person and we're doing them during the good and Welfare that's on the agenda so as it always is thank you very much say your name address for the record all right uh Scott cobri uh 8525 Northeast 4th Avenue Road um so uh good evening everybody um I have uh been a uh voice in this process specifically about uh the launch development for some time um I believe uh it is public uh knowledge well at least I believe the mayor is aware at this point that um we I have hired representation uh because I did not feel that previously uh during the meetings uh there was uh sufficient responses to a lot of the questions that I was asking in the inform information that I was seeking um and as far as the site plan review um that uh I believe was was also not uh there was not sufficient uh responses as far as I'm concerned and as seemingly as far as uh my legal counsel is concerned as well um so firstly I just you know I don't want to sort of uh rehash because I previously I was up here uh for I think think an extended amount of time and uh sort of had a going back and forth with uh the uh uh developers attorney as well as the mayor and uh Etc but um I just wanted to focus on a few uh main points that I want to bring up here and uh put on the record as well um and so the first um is respect with respect to one of the initial points that I had brought up in uh both the Planning and Zoning meetings as well as the council meeting in which the site plans were approved um and uh the first of which is about the property being within 250 ft of Z3 now on tonight's agenda is specifically approving the development agreement um in which case a main objective of that is to approve a public uh benefit height um a bonus height of two extra stories to the building than our code allows um and that bonus height is done through something What's called the public benefits program um and of course um the the subject of what the benefits are is sort of a different aspect of this but what I want to address is specifically the height and specifically the part of our code that outlines that that this is uh not supposed to be done uh when the property is within 250 ft of Zone 3 um previously there was a statement made by the developers attorney um in which case uh he said that that was to the principal building however that does uh is not how the code reads and I don't think that's in any uncertain terms and if I may I would like to approach to um so these th those are uh printouts of the exact excerpt from our village code um and it specifically says in that um excuse me that it specifically says in there um it it lists the village the the the the code regarding height and it specifically says benefit height two stories maximum and then specifically says no benefit height shall be permitted within 250 ft of Z3 this property is uh according to google at least within 250 ft of Z3 uh I brought this up last time and uh the developers attorney had said that it was to the principal building that is not how the code reads it's very explicit in the code um and also they were I was told they there were measurements to that principal building which I requested and I never saw um so that is the first aspect of this which I find to be very very important um and I don't think that this I think this needs to be taken very very seriously because this is within 250 ft of Z3 and it explicitly says no benefit height should be allotted so therefore this building should be at maximum six stories um there's also a part that says that possibly this building should be four stories but uh that is for another matter I wanted to address the most obvious aspect of it first and that is that it should be not higher than six stories um other than that just to quickly touch upon the um the other aspects of questions that I had asked previously um is uh that these cite plans the impervious uh surface of the of the landscape um there's four other elements that I had brought up last time that are part of a part of our code that is called environmentally sensitive areas um it was argued by the developers attorney previously that this portion of the code does not exist um it was illogical for us to consider this an environmentally sensitive area um and I I believe that that is is completely false that it is very clear that the intention of this code was not only in this site was not only included in it but at the time where this code was written it was specifically referring to this part of these two these this site uh the banks of the Little River East of the FEC railroad um and so there's several aspects of that that were not given to me when it when uh okay um when we were uh talking about the perious the impervious uh surface um it was under 15% that was assuming that all of the uh area under the wood decking was pervious um and that was a question that I had asked for information on uh that I did not receive so I am still open question what is the surface under that wood decking uh because that could make the pervia Surface as low as 4% of the site um so that's uh on that now uh regarding the native uh specimen uh trees that are being removed um there are several of those uh that are being removed and there has been a recommendation from Derm uh for disapproval of this based on not having an action plan uh to remove these trees um as far as process goes considering the environmentally sensitive nature that I don't think can be denied of this site um I think that that should be offered preliminarily prior to us approving um this this uh development agreement and there was also a note about uh and and and on that note just those native uh trees there was also a mention that there was not wildlife in them um there was an incredible amount of wildli that lives in those trees um an incredible amount of birds that live in those trees um and they should not be removed and the apparent un to my understanding the mitigation plan for that part of which is to put additional canopy on uh the fifth floor whatnot pool um which I don't think should necessarily apply to replacing native vegetation um having said that um the next item is that the code specifically reads that pedestrian views uh on the banks of the Little River should not be um should not be blocked um and they should be preserved it the developers attorney last time made an argument that it was only for the adjacent buildings um that the way that that reads is very explicitly a separate thing it says pedestrian views that should be preserved and there should be access to the adjacent buildings I don't think that that was referring to pedestrians of the adjacent buildings I don't even think that really makes sense and I don't think that was the intention with that part of the code um and I'll I'll finish up um and so you know the th those are the main things that with regarding the code um and there is a um of course the 50% uh mixed use which I believe strongly that it should be uh mixed use that is a not an environmental but a quality of life issue for the residents here um and what the intention was with our charet and everything uh from the from history um so that was a that was the only thing that was actually a requested variance that uh followed as far as I believe the proper process um having said that those are sort of the recap that I wanted to get on record from the previous um meetings uh as far as what I wanted to say tonight um is that I I will reiterate I am not at all against this development do not believe that this development should not happen um along with many of the things mentioned by uh some of the other residents and people here tonight um I believe that this development should be uh done in a way that aligns more with the core values of our Village um and is along with the environment uh surrounding it and the quality of life of the ne of the residents surrounding it um so I truly believe that that could be done um there was a quote from our design guide uh that says that elportal will protect B the birds um and the trees at all costs and I don't believe that we are doing that in this particular case and I believe that we can with no harm to the development um and the developers uh I believe that at the time in which this came about uh the development agreement ment uh a lot of people didn't know about it uh and it was done sort of in a vacuum um and there was not the I was watching this thing I did not even know about some of the Outreach that was done um and supposed meetings that took place even though I was waiting to hear about them um and so I believe that there was a lot of people that would have liked to be involved public um and organizations in the community uh environmental organizations that would have liked to be involved in the planning of this and I believe that together working with the developers uh we could create something that is really an amazing addition and a value ad for not only us but something that could end up being better for the developers as well as the environment has changed a lot um and the area there's uh the with the evolving mimo and River um this all right um this this this is something that I believe that we can uh you know really work on together to create something that works for well great for the future um of elportal so thank you very much thank you very much appreciate [Applause] it who's next this is the good and Welfare time you guys anything that's on the agenda you want to discuss this is the time to do it before I move on no one else hearing seeing none all right so we're going to move on thank you everybody um uh anything that came up um that we're legally allowed to address we'll address everything else will be handled uh in the course or whatever so uh when we get to that that that item right there um there's another good welfare at the end of the meeting if anybody has anything else that they want to say all right all right so we're moving on to the consent agenda um do I have a motion to approve the consent agenda so moved moved by vice mayor Martin do I have a second second by Vi um second by council person life for award all in Madam CL you have a roll call on the consent roll call council person Winters approve council person Winters yes is it not working yes yes council person lifeford Ward yes council person bbom yes vice mayor Martin yes mayor nerson yes motion passes 4 to9 also presid for the record uh council person lifefood Ward and chief Mendes thank you very much Madam clerk appreciate that all right so we're moving on to the resolutions ordinances uh attorney Geller um um the launch development agreement first reading we can read that resolution into the record if you have it in front of you okay resolution G1 the launch development agreement a resolution of the Village Council of eleral Florida approving the development agreement by and between the village of eleral Florida municip Corporation and the launch at Little River LLC providing for findings providing for conditions providing for appeal providing for an effective date and mayor and let me just put out for the benefit that there seems to be a little bit of confusion among some of the residents I people said that they would ask that it be deferred by law this kind of resolution requ s two readings tonight is first reading it is not the final reading there will automatically be a second reading of this resolution at the next meeting of well presumably the next meeting of the Village Council uh there are advertising deadlines and other things that me to occur but automatically this is not the final there will be a second reading of this item at a future thank you mik I'm a little under the weather and my voice is a little little weak tonight I apologize but there will automatically be second reading for this resolution at a future presumably the next Village council meeting thank you mayor that's the resolution thank you very much I appreciate that um you got guys uh going to go to the council in the second and uh so they can say or ask anything they want to but um I just want to say really quickly that thanks for everybody for coming again uh so I think the first thing is that um address a couple of these things here very quickly um so where do I want to start the first thing about let start with the most recent so uh Mr kuert got up and he said something about um the the first if I if I'm not mistaken he was speaking about the the public benefits for that previously was discussed if I'm not mistaken I think you said the public benefits that was previously discussed Madame manager not only did we have for that first public benefits of the First Development agreement not only did we have multiple meetings but we had multiple meetings where individuals came to the meetings and were repeating the same thing they were repeating the previous meetings that we had about it right and I don't know as far as now if he wasn't talking about that public benefits development agreement if he was talking about the meetings the site plan meetings for this we had the green reuse cleanup that was one meeting we had the green reuse again in the official meeting because a lot of things have to go the planning and zoning committee then you have to come to councel we had the site plan Planning and Zoning we had the site plan official meeting now all these things are on the agenda now the agenda goes out we've had it in the planning hison agenda it goes out we have it in the council agenda it goes out I mean I don't know what more because Madam clerk correct me if I'm wrong but what legally because we we do more than we have to do legally what legally are we required with the agenda as far as um email because we email blast the agenda also and that I don't believe that's legally required no we do that as a courtesy we've been doing it since I've been working here um usually it's just up on on the website and it's up to whoever's interested the interested parties to go to the website as long as we have it on the website we're not obligated to send it to anybody yeah but we still email blasted out so and this is what usually happens which there's nothing wrong with this but what usually happens this is just how government goes things that when thing when when people are comfortable and they feel things are going good then they don't really pay that close attention because you know people have lies people come home their Tire from work people have children people have things to do it's not until emotionally or there's something that bothers them or something they don't like and that's when people will come out and make their voice H that's just kind of how it is if things are going good people don't usually come out so we I mean I guess from now on make sure when the you know if if the email blast goes out make sure you get the email blast go look on the website right if you're not on the on the list for the email blast go to the website and there's a place you can sign up for the email blast okay because besides every time you know and this is just you know tongue and cheek but besides every time that we're going to have a meeting you know I stand in front of Village Hall with the sign saying there's a meeting tonight there's not much more we can do but do the agendas put them out and email blast them put them on the website there's not much more we can do to let you guys know that there's a meeting so so I just don't I just want to just make that clear so that you know the comment kind of like nobody knew it's kind of like as if we were trying to hide something but that's just not true all right all right attorney Geller you okay you need some water my brother all right um the last thing I'll say and um you know not going to labor this too long and I'll turn it over to the councel if they want to say anything before I ask for a motion in a second um the last thing I want to say is that you know I got some calls uh late this afternoon and once I spoke to these individuals these residents they were like oh oh okay mayor well that's you know and I think that and I don't think it's purposely done or maybe it's not you know nefarious but I think individual being like misinformed because people are kind of coming to me as if we still have to vote on the building going up like people are coming to me like oh this building like when you guys V on this building this building's going like like you guys to vote on this no that's not what we're voting on the site plan vote has already happened so I don't know who's putting that out there like hey we got to stop this building from going going up that's not what the vote's about the vote is about money the vote is about we don't collect impact fees in eleral the vote is about therefore we have a development agreement instead the vote is about whether we want to get $733,000 or we don't that's it so anybody who talks about anybody who walks out of their house and looks at their street and says man why don't we do 730,000 $3,000 will go good for if you look at the development agreement open space Park reinvestment Capital Improvements existing parts open space tree planting Capital expenditures um village boundaries Capital expenditures for the village in within the village IES and for any unlawful purpose including but not limited to policing Water and Sewer improvements roadway and infrastructure improvements that's what we're voting on is the money so if you want us to not vote for the money well then the next time you walk out of your house and say why don't why aren our why our streets look like this why don't we have money for this well there you go Council question and comments doing a good job if no questions and comments I'll ask for a motion from the council so Move Motion moved by council person M fo W do I have a second second second by council person Winters Madam clerk may please have a roll call please yeah Sor but you need to open it for I open it again you last comments public hearing come on up uh uh Scott cob 8525 Northeast 4th Avenue Road um so just so I understand properly is this uh about their uh council is about to vote on the uh on this development agreement yes okay um so I just wanted to respond if I can if I may to a couple of things that uh you said um so this um is also about the building being eight stories correct is is that uh so it's not just about the money it's also about it being well the M all right go ahead and go ahead and say what you're gonna say because we're not gonna go back and forth you um and so having said that um I also just want to mention that that number uh for the actual amount um I know was was uh was was negotiated um having said that um it does seem like a very little number for uh what is is being uh given an exchange here given all of the comments that I've brought up about how we're kind of uh giving away a lot here from what we're supposed to be doing according to our village code according to our shed Etc um I I also want to mention that previously comments were made that well we need people to come here um and nobody wants to come teleport to and no businesses want to come teleport out and I think that I did not believe that I thought that that was a uh very big way of underselling us I believe we have a lot more to offer um and I think that the sale of the little farm um property that just took place for S over $70 million uh shows that by uh basically somebody of a famous person uh who has done an amazing amount of development and and great development uh sustainable development um and I believe that uh that project um is something that shows that we don't need to undersell ourselves and that we have a lot of things to offer and that this area has evolved and that people will really want to come here as we move into the future um and that we don't need a deal um that is uh not necessarily aligned with our core values our code and all of that uh so I just believe that uh we should really be considering this new project as well the precedent that the Precedence that this sets um and uh considering how we can work together with both the new development of little farm as well as the launch uh to really uh potentially renegotiate this contract and in terms of the deferment uh yes there is a second reading but I think that a lot of people um I only found out about this meeting after watching this uh on Thursday night so I did not really have a enough time that I would feel comfortable to uh you know gather all the information that I would like about this and uh everything like that so I think that there's probably a lot of people that feel that they are in that boat and that this uh Community should be more involved in what we are doing with our very valuable and limited uh green uh River from Frontage and uh commercial properties as well so that's uh just my quick response there thank you very much I'll respond to that in a second anybody else I do have a quick question and it's actually for you if you can stop just get a little insight from you uh so the mayor outlined pretty clearly like what we are doing to get the word out as far as when we are having these meetings and for sure I'm sure everybody on this day appreciates the presence and the participation um your insights always help uh influence and and add color to some of the knowledge that I'm able to obtain from the experts that uh review these types of uh contracts and Deals and issues um because I do want to underscore that in addition to listening to you guys uh we are also listening to a lot of um experts in their field and they advise us on what it is we are looking at and we're also leaning on our expertise as well um but in addition to what the mayor outlined as far as kind of getting those eblast out and putting I think sometimes the meetings are advertised on that Marquee correct me if I'm wrong what else do you think would be a valuable thing to do what what do you think we could have done to make you feel more informed or aware thank you for that um so I think that just you know I for example I was for this meeting for the first time notified uh via mail from the uh developers attorney um um about this meeting it's the reason I found out about it because uh I guess my property my nextd door neighbor property are within a certain distance um so I asked other neighbors they did not that were very close to me um they did not receive any notice of this at all um so it seemed like my neighbor and I were actually the only two properties that I was able to find out about that that got any notice of this at all um so you know I think that would be phenomenal if there were there was more notice of this type of thing like how like you're talking about like a personal I think I think for the sorry no go ahead are you one question are you signed up for the clerk's e blast I am so even with being signed up you you did not receive this correct I've been uh watching out for this for the past year and a half as uh people have probably seen I've been at pretty much every town council meeting um waiting for this I've can several trips because I've been wanting to be a part of this um process and uh so there was no notice for the site plan uh I did not receive any notice at all to to our mail or address um and um also uh so this was the first time which was great that that this happened this way this time um but previously obviously we're talking about how the site plan is already said and done and we did did not for that um having said that also uh there was a so the October uh eth meeting I had been in touch with several Council people about hey when is this going to be coming up I I want to keep it on my radar that sort of thing um and I had been told that it was probably coming up on the October 8th meeting Planning and Zoning so I uh unfortunately that meeting was cancelled due to a hurricane uh that meeting got rescheduled for October 24th when it was approved um in the resolution there's a like where it says all the we as statements uh there's a weas statement that states that there was an October 10th um public hearing about this topic um that I had no knowledge of even though I've been keeping a very close watch to this um and uh I wanted to even know if that meeting even happened because uh it was the October 8th meeting two days before was cancelled because of the hurricane um so I don't even know whether that meeting actually happened but it is stated in the resolution that was approved that it did happen um so those are sort of some of the things but I think in general there's just um you know when it comes to huge commercial uh projects like this um you know we we I think there there could be um more public Outreach and and notice and and allowing the public to speak and comment on it uh and I think while that might happen I think a lot of people for whatever reason don't end up don't end up here it's the whatever reason I'm trying to drill down on because what we are trying to do is we're we're making we're always thinking about and making efforts to make sure because we are such a small community that everyone is aware and able to participate So when you say that it it does give me pause because we spend so much time thinking about making sure everyone is informed all of this information after it seems as though and we have a full room and we've already decided on something that there's something ctitious happening but it's quite the opposite we're trying to be so very transparent and provide a number of opportunities for people to participate and when that participation only comes after the decision has been made um it can feel a little bit like we're we're missing something so I'm trying to figure out what the missing piece is and with you I I don't want to uh usurp everyone else's time but would love to get your email address get with the clerk and figure out if there's an issue on our end as far as how those email blasts are going out because Beyond us putting it on the Marquee sending it out via email um kind of making sure that we have those multiple touch points to have people participate I mean I guess and the mayor also I know walks the streets very frequently to tell people that there are meetings and things occurring so I just want to drill down on like what is the issue and what it is that we as a body can do to address that so if you would hang back afterwards um I would just love to make sure that those emails are actually getting to you and by the time the second reading we would have had a conversation where I can show you where those things were actually delivered or if they bounced back and have some sort of clarity for you because I don't want you to feel as though in some way you're being um deprived of an opportunity to timely participate in these conversations because we appreciate your feedback so if you could hang back for me I I don't want to waste your time either but if you could I would love to talk to you thank you very much okay um yeah I just will finally note that yes I I I am the emails um and I do get pretty much all of them but for some reason I did not hear we're going to figure out the Su reason yeah and um as well as you know for this particular item uh after Thursday I had done a lot of you know personal Outreach to neighbors and that sort of thing um and and I I will be completely honest that most most people have no idea what this what we're about to approve and they've never even heard about it yeah so uh that's sort of a a little bit of a a hard thing to understand when you know I feel like the residents of the village should be uh very much included in these I think that's a two-part conversation like what is it that we are communicating is that effective and then in addition to that is there another barrier as far as desire or ability to participate it's a multiple complex analysis but I think we're so small that we can actually try to crack the code in elportal and would love to discuss that more but also want to give everyone a chance to speak I think Mr old wants to make a comment so I appreciate you thank you so much thank you okay yeah Adam old 140 Northeast 86 Street I'd just sort of like to um reconsider the fact that this is all set in stone right now what we're doing right now is deciding whether or not to change two stories of an eight-story building that's a huge amount of units that's coming into or out of a building based on a development agreement that the developer may or may not have with the village that V that development agreement is open still you all have the power to amend it tonight or tomorrow or anytime before second reading um I'm I'm happy to have the developer get those two extra um stories of height you know sorry um but for me that's not the issue here the issue is things that are um you know potentially much easier for the developer to figure out a way into their site plan than whether or not they were going to reduce their revenue by by a quarter on this project so right now you all have the options to make changes and um I think it's not really appropriate for you guys to say well it's all done and that's it and now it's just whether we get the money or not because it's up to you to figure out what you want to ask for in exchange for that um so uh I understand you know some of us are here later than you know maybe we should have been there from the beginning I was there you know at the charet when we had like one-story buildings that the community asked for there so I was there you know during the rezoning when you know we didn't have eight story buildings next to the T3 so anyway like you know I understand this is a process but um you're the commission and the council sorry and you get to decide um what you negotiate with the developers thanks thank you Adam um I just wanted to mention just a couple things because you're asking some questions and and there's clearly it's like two ships passing in the night on some of this and yeah I have felt completely personally completely in the dark on this and um I have to look at myself and you know how I'm going about my daily business in in elportal and and my interactions with the mayor and being you know trying to help the task course and say am I like what how how am I not how is none of this coming up in conversation and I I think I've been an incredibly positive voice and and very enthusiastic with the task force to date and and um have shown incredible interest in this piece of property and it it it has never come up to me it it has it has never come up to me in a a side conversation that this was going on and that perious surfaces are being discussed I can say that we sat down with Ken barington and I I don't know if Adam if you were there I know Christen was there and we said that we wanted to be a part of this like keep keep us in the loop like I I take absolutely no joy waking up in the morning looking at Little River seeing a crocodile and worrying like hey are we is there something going on that we that I should know about that I don't and and like I'm I'm a very approachable person and this is a very open conversation and nobody not even in passing and all the times I've seen the mayor Ken I saw you at pelicin Harbor there was there was nothing said and and i' I've made an effort to just just say like hey hey like keep like I want to make alport the best it can and and and I want I want you to make money and and I want everybody to be happy and and I've never been approached never never once despite my despite my efforts and my good will that I've shown towards the task force and and I believe towards the mayor and and and towards the developers in a way that that is just like hey openhearted like let's talk about this and figure something out so I just wanted to share that with you I'm sorry can you state your address again for the record yes of course uh 374 Northeast 85th Street and the name and your name too Colin Brown thank you all right thank you everybody who else you guys come on now uh Edward aashan 400 noreast c7th Street um you know I this is this is going to happen no matter what you guys are going to build over there and um I wish you guys the best of luck I'm looking forward to it I just wanted to give everybody a reminder our elected officials as well as the developers that everybody who's come up here to talk about the launch is also going to be keeping eyes on on it and making sure that everything is above board and that I'm sure you guys are going to do it but you know we're obviously very concerned about it and very passionate and um want to see this done um you know the right way of course we all think the right way is whatever is correct in our own minds but I think everybody seems to be on board with uh wanting to do this in a way that doesn't uh disrupt the community the environment and uh the potential uh commercial viability of the site thank you thank you very much anybody else all right all right so yeah I'm going to I'm going to let the man I'm going to let the manager the staff report I'm going to let the manager do the staff report Madam manager I was just going to ask you to do this staff report good evening thank you um our uh zoning uh Consultants at cardino were unable to attend the meeting this evening due to illness as you see even our village attorney is ill um so it's that time but I will just for uh the record um let everyone know that uh the um zoning department um did an analysis and um according to um them uh a development agreement is necessary to discuss the terms of the public benefits in exchange for the additional floors granted for the development the code allows for six stories by right and as addition and an additional two bonus stories when the developer Prof public benefits the development agreement is presented for your review and for the purpose of implementing the approved site plan for this multif family project and based on the staff's review it is recommended that the Village Council approved the development agreement and that's from the zoning department for the administration for me and the administration I personally have reviewed the um the agreement and the benefits bestowed from that and I support it as well uh the agreement and public benefits therein were duly negotiated with the barington um starting at a number that was significantly lower and the village coming back with a number that was significantly higher and I'm sure um you all know that from the last project we did with this uh group that we received uh just a bit over a million dollars or the cista project that went into public benefits um and is still being utilized for that now so that was our initial ask we met in the middle and this is the amount you see here so in that respect um I feel it was duly negotiated and I appreciate that the developers did come back and raise their number to to get to this number that we have here and um we do understand that public benefits funds are not intended as a windfall there is a prescription for determining what those numbers can be um it is only reasonable to request fees that are directly correlated to the public benefit and it was already mentioned those could be storm water improvements Road improvements Public Safety those types of things so in that respect um I do support the the um development agreement thank you and mayor just to confirm from legal I do want to put on the record that uh we don't as as was said we don't have impact fees uh some municipalities do ours does not impact fees have to be imposed on a very strict basis as the result of studies that are done that quantify the exact amount of the impacts to justify impact fees and to my knowledge and recollection this Village has on more than one occasion hired Consultants to study having impact fees in the village and the decision was made that based on consideration of all the factors that would be necessary that impact fees were not prod I for this Village instead some years ago an ordinance was enacted for public benefits that ordinance was changed a few years ago to allow it to be used to address other significant impacts on the village but as the manager stated and I want to just put on the record as is the case across the board these days the legislature has moved to restrict the kinds and amounts of charges and fees that can be imposed on people seeking to develop property they own u i happen frankly not to agree personally with a lot of these restrictions but my agreement or disagreement is not not relevant they were duly passed by the legislature many of them while I was serving out there and they are law and we are bound by them so we are not permitted to have a grab bag or just pluck numbers from the air because these are not intended to be windfalls they are intended strictly to address costs that are in the nature of impact fees they designed to address the costs that would be imposed on other residents of the village if these numbers were not sufficient so this number which was again negotiated is designed to be sure that the costs that are associated with this development that the village is going to incur that might include roadway improvements it might include um improvements along the banks of the river it certainly would include storm water water and sewer the cost of additional policing and this number is negotiated to be sure that the addition costs associated with this development are not borne by the public at large or by other residents but that those costs are paid by the developer for use by The Village to be sure that all of these other factors are taken into account and that the cost of that does not fall on other residents some of those costs vary depending on the number of units but some do not um some of them are more fixed costs and that's why a bonus Arrangement exists to bring extra money to the Village to address other costs in exchange for that bonus um the and that's just the direct costs the fact that the development will pay substantial taxes to the village is not a factor it will help in future budgets but that's the purpose of having this public benefits ordinance is to recover those costs so they are born by the developer and not other residents in the village and that's why you have this and then just let me say again somebody commented it is a fact that this is not final until second reading it is a little unusual procedure usually resolutions have only one reading and only ordinances have a first and second reading but there is a specific Florida statute that addresses these development agreements and it calls for two hearings two readings of the resolution to approve it and that's why it's on for first reading tonight and that's why there is a public hearing that's associated with it to be sure everyone has an opportunity to voice their opinion so I just wanted to place that on the record thank you mayor thank you very much and I appreciate uh you straightening that out um I stood corrected on the the public hearing because of the specialty of this specialty of of this particular item um where we had to do the public hearing on this for that reason resolution but it has two readings and that is rare usually ordinances get two readings so this is a special uh agenda item um very quickly and I'm going to ask for a vote we have a motion we have a second uh very quickly first I want to say for um Mr Brown Mr Brown uh spoke to me several times but he spoke to me about the Little River Farm that's what he was speaking to me about he never once mentioned the launch area he spoke to me because he's a landscape architect and he spoke to me about um what could be done at the Little River Farm area because of the size and the flood mitigation that could go there so that's the reason why I never spoke about the launch he never talked to me about the launch area so so that's the first thing the second thing is um what I was stating and I don't know maybe some people didn't catch it or didn't understand but residents were calling me because they were under the impression that we're voting for the building to even exist residents are calling me because individuals are are giving them the information of we have to stop this building because it's ruining the environment not the a floor residents are calling me because they're saying what's going on should the building even exist so that part has been voted on that was the site plan the existence of the building residents are calling me saying mayor so what's this question about the seventh and eth floor not one resident called me and said that mayor what's going on with this eth floor that's what we're voting on tonight that's what I was talking about when I said the first time so what residents are calling me for what the misinformation is is going out there is there's a building going up it's going to destroy the environment we have to put a stop to it that's the information that's out there and I'm telling the residents the existence of the building that's done so what these people are informing you of misinformation there's nothing that can be done about that that's the point I was bringing up so say your name address for a record my name is Colin Brown 374 Northeast 85th Street and I just wanted to say that mayor that's that's you know we've been in touch for a long time on this and I know that you and the barington brothers had have been in conversation with Kista and and I definitely talked to you about little far more but I for you to say that I never brought it up is it I I don't agree with you and I believe that's a false statement and I just wanted to say that with respect okay I don't remember you ever mentioned that area so that's okay okay come on up you said they do had they you wanted to do the public hearing because this is a special um item attorney Geller yeah is close to the public go ahead go ahead go ahead go ahead go ahead thank you take care all right make make sure you write that that's right make sure you uh send us that email so we can get on that all right thank you very much have a great night y all uh just want to mention also that um I uh I I the fact that we are approving um a site plan or I'm sorry that that was already done um be that as it may uh there it is believed that that was not uh done necessarily uh with sufficient uh responses and um understanding of of the violations that I had brought up uh Etc but uh what I wanted to really say is that I guess be that as it may that you know there might be a lot of people that don't want this development at all and of course uh I think that there has been most of what people has said have said tonight is that we want to work together with the developers uh to make sure that this does align more with our code with our core values um and that we get something that uh is uh taking a lot more consideration of the environment I think that the um the height is one main issue which is a topic a major topic of what's being decided on tonight um and as well as the other elements that have been discussed such as like the native vegetation and there's a lot that could be done with this project that would make this an added value for the community but also so help the environment instead of hurt the environment and that could definitely be done and not even hurt the developers so that is what we're trying to at least what the people I've been in touch with have been trying to advocate for um is not you know mayor Nickerson loses the developers lose or anybody loses it's we all win by being involved in working together as a village now that a lot more people are aware of it to be involved and create something that is a lot better for us align more with our village our history our core values caring about the birds caring about the trees caring about the Little River um it is the health of Little River is has a major effect on the health of biscan bay um so it's a greater issue than just elportal and we should be leaders in sustainability resilience and the environment as we're supposed to be um and that is what I believe we're look we're advocating for and I don't think a lot needs to change in order for us to get there um in for terms of the financial benefits to the developers as well as the benefits the environment and our residents thank you very much appreciate you guys just want to say for the record my three minutes thing went out the window and my coming up multiple times thing went out the window but it's all good so I just want to say that for the record so if it ever comes back that we tried to shut anybody down or shut down speech we did not there we go I appreciate everybody um we have a motion we have a second Madam cler may please have roll call pleas roll call for point of clarification Point go ahead go ahead go ahead counc president go ahead for the benefit of the voting members please could we have either the attorney the clerk or the mayor outline what is a consequence of a no vote on this motion what is a consequence of a yes vote on this motion go ahead attorney that would have to be with the attorney if the development agreement were to be defeated then we would not be able to secure the funds that were agreed to be paid by the developer if the development agreement is passed on first reading as is the case when you have ordinances that come before you for two readings then it is still subject to being amended and is subject to being passed on second reading so a no vote would mean you cannot proceed with this development agreement a yes vote would mean it goes to Second reading and any adjustments or amendments that the counil the council sought to consider on second reading would be permissible could be agreed to perhaps in the meantime or could be agreed to excuse me could be agreed to at the second reading hearing if not previously done and then if there were an amendment at the second reading then there would be there would be two that second reading becomes a first reading of the amended is that right a better way to put it is that it's like when you do budget you at the first budget hearing you adopt a tentative budget you have to adopt a budget but you adopt a tentative budget when you go to the second reading that's the final budget any changes can be brought forward now the difference here is when you do budget that's strictly up to you um you can adopt what you want for a development agreement on second reading but a development agreement is a contract so you can say we're only going to do it if we get this or that but it is a contract so it must be agreed to by the other party to the contract so negotiations can take place with the other party to the contract prior to Second reading or the council can say at second reading this is what we want to do and the developer can agree if they don't you may not have a development agreement um you also have the privilege at second reading of deferring the matter if you cannot come to a conclusion that suits the council but is amendable to the other party you always would have the option of voting to defer or as we would technically call it postpone to a Time certain which would presumably be your next meeting so you have a lot of options on second reading but if you defeated it on first reading you really don't have those other options thank you appreciate it and don't worry about it won't even say it it's all good all right um hell say just want to say that if we vote no on this and defeat it the building still is going up it is we just will get zero dollars for streets for Street repair for things like that for infrastructure the building the building's going to exist the site plan has passed whether you're talking about an a floor or not that's what but the building will exist if we vote no we get zero and the building will still exist okay Madam clerk we have a motion we have a second my please have a roll call roll call council person Winters yes council person lifefood Ward oh yes council person bbom yes vice mayor Martin yes mayor Nickerson yes motion passes 5 To None thank you very much appreciate that um moving on to ordinance G2 attorney Geller you want to read G2 into the for the advertising resolution ordinance attorney G I'm sorry ordinance G2 an ordinance of the village of alow Florida amending section 17- 64 advertising and notice requirements providing for severability providing for inclusion in the code providing for incorporation of recitals providing for conflicts repealer severability codification and an effective date this is first reading of this ordinance that will come back for second reading at a subsequent meeting presumably the next meeting I apologize for not having my normal booming voice you're good you're good attorney Gill we appreciate this this right here you guys is something super simple every um municipality has to do it because advertisements used to happen in the Miami heral um they're not happening there anymore um so all municipalities have to adopt that advertisements um they can still go through the ha but they're all we're all adopting that they go through like the county so every municipality has to do this so this is just something that we all have to do um if I do I have any questions or comments from the council I have a question yes so I was uh trying to figure out where the uh monies were going to be for I see that there was $330 per advertisement fee is that correct originally originally it's a lot it's expensive Madam clerk yeah that's 330 this was voted prior to your um existence on the council that we were going to approach the legal um Miami day County and so according to this the only way they would be allowed to circumvent going through the newspapers uh would be um if the fee was less than $330 is that correct the clerk deals with the advertisement so my which he gets back uh uh council person which is askar again okay the clerk and manager deal with the a the ads but the clerk puts the ads in see he has another question uh I'm sorry so with the $330 advertisement fee it states that uh you would circumvent using newspapers or other um old materials to uh useing online sources if they're cheaper than 330 is that correct it should be yes a lot less expensive than the 330 um I don't have all the details this is just an ordinance letting them know that we are accepting that we're going to be able to use Miami day County that's all so one second uh uh it's a one time fee it's a one time fee Madam manager the fee was really low what was it wasn't it like $14 or something what was the fee it was really small for for the advertisement with the county with the county oh no it's um what was it no it's 70 I knew it was something like that 70 per user so I would so both you guys us so 140 total but mine is for totally not for this it's advertising rfps rfqs those kind of procurement items yeah there's the cost cers oh so you will be using the website for Miami day county is day County we the probably like one of probably we're the last ones that have not adopted it because it's taken a while for us to get here to this point so we are like the last ones adopting it everybody else has um so we lost we used to advertise and it used to be 120 then we got to the Miami Herald so we had um each of the applicants even including ourselves paid 330 every time we advertised and um that was tasking us with taxpayers dollars that we do not have so you mentioned $70 per user is that correct she's talking um that's with the manager I would have to get back to you on that information the paper in front of me for this new resolution says $77 that's the $700 that you pay every year there's certain things that come with that okay my apologies is 770 per user okay per year so it would be 770 for the clerk and 77 for me okay so $770 per person yes okay and for two all right thank you you're welcome okay thank you any any questions from the councel all right here we got any questions from the audience about the ads all right um do I have a motion to approve ordinance G2 so moved moved by is that council person Winters is that counc person urbon and second second second by council person light foot Ward Madam cler have a roll call roll call council person Winters yes council person lifeford Ward yes council person urbom yes vice mayor Martin yes mayor Nickerson yes motion passes 5 to9 thank you very much Madam clerk Madam clerk you want to say no Madam you want to just say something for your report or I apologize I was distracted by the attorney um so my apologies um I'll keep it very brief um because this um report is on the Village website but I just want to bring it to everyone's attention that the um Village Plaza development was purchased um and is now being um it has changed ownership as of last month uh the new project is being planned by the owner and um they haven't submitted any plans just to us just yet but it will be coming quickly from what I've been told and they're now just working on site plans to submit to Planning and Zoning so the church will uh be developed as well as as you know people have read in the paper also the um trailer park 17 Acres were purchased two weeks ago as well um by the same owner and so we are excited that those two properties who've been that have been vacant for so long and underserving the community or not serving the community at all um will will now have some development and will go to good use so we're excited to see those projects um just in other news for the village we are have hired brought on four new police officers they're all fresh out of the academy four fantastic and excited energetic um officers have joined our ranks and we're very pleased to um bring that group uh together with our seasoned and experienced officers so there's a great exchange and a wonderful uh environment being um provided to uh these bright and um excited new officers to our Village so we're happy to have them on board um as many of you all already know uh code enforcement officer Fitz Gerald Simmons has departed our Our Town our our village and moved on to the big city of Fort Lauderdale where he is a co- compliance manager and is leading a department so I have to take some solace in knowing that we gave him his opportunity in management at all levels for his Department um that he made a quite an impression with our um code enforcement department and so he he has left big shoes to fill and uh we have um hired someone his name is Daren Lopez and he started um just a couple of days um before um Mr Simmons um left yes excellent name I know well I'll allow it I know in that case and and the vice mayor did meet uh Mr Lopez and they exchanged that uh so I I I think there was a good vibe but so we're excited to have him uh on board yes and he has a experience from working with Miami day County he was in code enforcement in Miami day County uh for over a year so that that is helpful um also uh coming up um the council um uh passed um um the uh project uh proposal uh issued by PL Serbia to conduct our code amendments I mean seems like that's the thing that is on everybody's lips that we have to update these the code so um they will be meeting with you all individually so please stay tuned for any emails coming out of um from mea with PL Serbia who will be scheduling those meetings with you but I did also send out emails to each of you alerting you um they're also meeting with us uh IND individually in terms of the Departments to discuss any code amendments we had collected thus far I did provide um them the list again that I compiled but also I know you all have some items you want to um to uh see you want to see some things happen and and um council person bbom did profer two um priorities I think back in October um that you asked to be address to be addressed primarily such as noise and nuisance and then also the swell um material so we ask that they'll do that but you'll have an opportunity to also weigh in with them uh individually to give them your priority list as well uh I want to mention that the next bulk pickup is set for we set the first one was today tomorrow and Thursday and uh so we're excited to have our streets cleaned up a bit and um and then they the next one will be in April so um we do have a lot of things we're working on around the Village um please do consult the January 2025 managers report for more information and feel free to reach out to me independently or separately uh to to get any more information or qualify any questions uh or concerns you may have that concludes my report thank you very much Madame maner appreciate it you guys see my report there um pretty much everybody has my information if anybody has any questions or anything about the report or anything that I do on a monthly basis just contact me and uh I'll let you know what's going on attorney Geller um report no one has sued us lately and we have not sued anybody else there's there's one buzzing out there but we're trying to shut it down i' be happy to answer any questions but that's my report thank you very much attorney Geller um do I have anybody for the last good and Welfare hearing seeing none do I have a motion to whoa whoa whoa oh life for award go ahead yes uh can you hear me because I can't hear me can everybody hear me turn yeah turn is the mic on what's going on okay can you hear me now yes very good I don't know if everybody well everybody knows that we have Commissioners on the commission if you didn't read this I would welcome everyone to go ahead and read this uh I've responded to um County Commissioner Keon Hardman he wrote very much well in terms of of um the district and how he is interested in it but he didn't he didn't talk about septic to sewer or septic tanks turned into sewer lines you didn't talk about that so I took it on myself to write him back and I'm going to tell you exactly what I said I read with much interest in the district with Keon Hardman the magazine providing not only interesting proving not only interesting but the considerable work improvements and projected countywide reality were not previously known in the 37 years as a resident within this Village I didn't know all that stuff thus and as a longstanding resident a homeowner and Council woman with the village of Al pel I commend I don't know what's going on but it's not stay hello okay I commended him for the hard work personal sense of responsibity and an i for energy changes and improvements necessary in District 3 I told I also said that his efforts being commendable and appreciated especially the necessity to fully engage El pel's needful transition from septic to sewer at the earliest as this beloved Village of el protel Remains the smallest city of Miami day County there is no excuse for us to still have septic tanks instead of a sewer line therefore and on behalf of this Village's current and long-standing elected officials residents and our remarkable PID and full homeowners look it up quite a few people in this Village own their home now number one I beseech you to bring life to this longstanding beloved Village the first thing to assure a rapid transition directed toward removing all septic systems within our beloved Village number two emphasizing Miami day County's plan to make the above noted and number three The Village's needful transition from septic to sewer long before December the 6 2037 which will be The Village's 100th anniversary and a Cornerstone appreciation for generations to come I ended by saying the pleasure of your response which I have not had yet I only mailed this on January 23rd of this year to the comps will'll be greatly appreciated and know that you are are always most welcome and appreciated as a guest speaker at The Villages monthly meetings if you got this ditto for me just say yeah we want to we want to get out of septics and get to sewer lines and if the county is doing this in other cities surely The Village can be a part of this this information thank you mayor thank you very much con person life for I think that was well said um just um for clarification Madam manager um Hardman did put out earlier but I think I think that was wonderful what you did and I think that it was it's needed what you did so I really appreciate your leadership on that um uh County Commissioner Harden put out a whole book in that book he does mention uh eler to se the sewer but that was a while ago yes yeah yes was one just recently yeah it was about about four months ago this just recently yeah if you look if you if you look in that book you'll see a picture of me yeah lots yeah and and and it actually says the title is eleral uh bringing sewers to eleral or something like that yeah yeah okay okay okay oh I thought you your first you said we were being looked over okay we're good all right appreciate that um any last comments or questions good and Welfare yes yeah so I just want to thank all the residents that came out tonight I see many of them left and I really wanted to share my thoughts and my my appreciation but they're most of them are gone but Colin Brown's gone but Scott you're still here thank you for coming up and speaking with us tonight and letting us be informed on all this um Adam old was here too and I really wish he was still here too because I'd have some great CRS for him because he was one of the ones that ran the shirat shet um like 10 years ago um so all the neighbors that came out tonight thank you so much um I'm just wanted to let everyone know that today hearing about this uh issue that people were having with the new site launch which got another 5-0 vote again today uh for the money I I went to visit the property today and um I saw nothing but trash homeless people and basically trash in the trees there just millions of pieces of trash in the tree it's the most ugly piece of land I've ever seen in Miami and I'm very pleased that I'm sure this is going to be cleaned up as they actually develop the site and no animals can survive there the the trash in here is killing Turtles trash on the uh the leaves and the trees or killing the birds right now we are doing a disj Justice the wildlife that are there so and I also wanted to state that I had found a copy of the charet and it does show um on that property complete building there's no green space actually in the picture and they're actually putting green space in so I'm very happy for that so I just want everyone to know I appreciate them all the neighbors here and I I hear your please and I understand where you're coming from but I also want to do what's best for eleral and I'm sure all the other Council persons here do as well thank you thank you very much council person uh Winters anybody else from the council just one quick comment yeah absolutely council person this is a comment just to my um fellow council members is my outright intention by March at the latest to have an ordinance in front of the council I guess this is probably going to be news to the attorney as well but I will be emailing you about this um fairly immediately just a little background on me I know I talk about being from Kansas fairly frequently but I was born in 1979 white male in Topeka Kansas we have a brown sign out uh on the highway on the end on the entrance into town it says Historic Site Brown V Board of Education and um I've never quite been sure as a topekan I'm from toeka why that is a matter of pride in any way shape or form Topeka had an opportunity the state of Kansas had an opport opportunity it required the Supreme Court to do the right thing so I intend to have an ordinance in front of this Council presenting the concept of an all person's protected class in alportel um I'm not entertained by what's happening on the national scope right now um I can prove to you and any white male in this country who wants to come at me that this is in fact a racist Nation all of the inward jokes that I learned at age nine to 13 came primarily from Sons of police detectives and those same police detectives never once referred to an African-American which by the way is a descendant of a stolen African so someone like from South Africa say is not an African-American they are a South africanamerican and if you want the African-American badge then that's because your family was stolen and you have no history that ties you to a direct geographical location and so I am not entertained in the slightest by what's taking place right now and I do believe that that all people any person is allowed to exist without fear thank you so that will be coming and I am adamant about this thank you very much looking forward to that appreciate that um anybody else uh for good and Welfare I found that very enlightening and I really appreciate you sharing that with us I'm actually also planning on an ordinance as well I want to create a Bill of Rights for the people of elportal and I want to make sure that it's put into the charter and voted for in one of November elections I want to create uh something to protect our citizens from the future and future governments thank you thank you very much council person Winters anyone else good in welfare even out there come on uh come come come to that one come to that one yeah uh Scott cobri 8525 Northeast 4th Avenue Road um so Charles uh council president Charles Winters thank you so much for for that uh statement um I do want to just point out that all of that trash um that is on that property uh is being done by one person who has been identified um it's been going on for three years um and it was also not only happening on that property but also all of the properties on this street along the train tracks um where residents had gone and cleaned up behind their their own homes um unfortunately there's nobody on that property right right now um but I just want to point out that that is actually happening by by one individual um and there's been uh several attempts to stop it from happening um but it it hasn't been done and I agree that it is a huge uh concern with respect to Wildlife and and something should be done about that uh and I would be willing to organize a cleanup uh if if or something like that if if somebody uh if if that was something that could happen so um thank you thank you for sharing that appreciate that thank you um council person Winters you want to say something real quick I I really appreciate you sending the knowledge our way uh it's important to understand what are what's happening in the community and I know I get a lot of complaints actually from people at the Tot Lot they're scared that sometimes a homeless person will walk up there so they're keeping Vigilant eyes on their children um and it's interesting that one person could create all that damage um but maybe we need to figure something out to prevent it and clean it up and and keep it cleaned for our environment thank you thank you very much council person there anyone for good and Welfare out there up here good and Welfare good and Welfare hearing none do I have a motion to adjourn move by counts personal life award do you have a second second second by vice mayor Martin all in favor say I I allose say nay hearing none the regular council meeting for Tuesday January 28 2025 is adjourned at 9:04 p.m. thanks everybody