We're going to call this meeting to order. The uh regular council meeting for Tuesday, April 22nd, 2025 is called to order at 7:17 p.m. We're going to first have a moment of silent meditation followed by
of the United States of America. Very much call. Roll call. Vice Mayor Martin. Council person Winters. Also present for the record. have a Thank you very much. I appreciate
that. Next, we're going to approve of the agenda. Um, I have a motion to add the new item G1, a uh statement from council person to the resident portal. Let's make it uh H2 under agenda items
and we'll move the agenda items up. Um, because I think that the H1 uh is good for this meeting also. So, we'll move the H1 and H2. That would be H2. We'll move those up to before the G's. Um, we'll do them later. Uh, and so we have
that. Uh, with that, do I have a motion to approve? Moved by Vice Mayor Martin. Second, second by Council Person Winters. All favor say I. All say nay. Hearing none. Next week is the first good and welfare.
This is good and welfare when you come to talk about anything on the agenda um that you want to say. I've got one thing I didn't say. Okay. I'll keep it to three minutes. All right. This is essentially a lot of
what I'll be saying as well. I'd like to put everyone at ease before I begin these comments uh by letting you know that by the time I'm done speaking uh all of you here for an agenda item tonight will feel a little more at ease with a little of the pressure taken off
of the uh weight and stress of coming in here to navigate this. Um the reason my comments that will begin now pertain to this agenda is because uh we have a problem with the overall societal
stability which is absolutely going to be affecting our property values, our ability for residents to remain gainfully employed and pay all the bills. And so in the following two minutes, I would like to address a couple of things. Firstly, when I first moved into Albertal, I was living here
for about two weeks and I had noticed three guys while we were hanging out uh on the block uh in the evenings. And so I find myself out there talking to my new neighbors and one of them says, "Hey, welcome to the We got uh Trinidad,
Jamaica, Haiti, Iceland, you where Green goes. We got another green go across the street. We got uh uh everybody represented, right? And um and this was a man who he was Jamaican. He had spent 30 years planting fruit trees on his property. He had a heart attack. He
passed and it was all very sad for the block. And uh his wife uh sold the house and moved out to Hawaii. Daughters in the Air Force. And so the developers came in and chopped down up for Chief Ray. And honestly, I'll say that's all good
and well. Um I personally glad to have known him for the time I had him and I'm glad to have known someone who was able to spend a lifetime cultivating fruit trees on such a small piece of property. Perhaps maybe I can do that one day. And
so I say that because of the concept in this country of basum. Okay. So I have I'm going to give the first history lesson of the evil and I'll give it a second at the end of the night if anyone wishes to stick around. Eurosum is in
Latin. It's a rhetorical question, but does anybody know why Latin is the language of science and modern human civilization? Because botists discovered that vegetation meaning plants are
sentient, thoughtful and sexually expressive beings could not tolerate that and buried all scientific knowledge in a dead language of Latin. That's why Latin is the language of science today leads into the concept that the
sum of the parts is greater than the whole. Okay. So my three minutes is up. I'll give you another history lesson at the end of the evening. But I would like to say that any residents who truly care about the future of Upwards should be
reaching out to their state representatives here in the state of Florida and demanding that they not allow the dismantling of our society that so many people have died to ensure for us
here. Thank you very much. Anyone else? Uh, good and welfare. Um, first good and welfare is for the agenda items. Any agenda items, you also have a chance to talk about any agenda item once we get to the agenda item also. See hearing no one else there. Um, let's
move to consent agenda. Do I have a motion to approve consent? So moved by was that Vice Mayor Martin, second by Council Bomb. All in favor say I. I. I. Say thank. So now we're moving to the agenda
items. So we're going to go to H1. Um discussion of procedural uh guidelines for public meetings. U Vice Mayor Mar. Thank you so much guys. Um I do want to emphasize that this item is discussion
at this point. Um I hope we do take into consideration what uh we hear tonight, speak to some residents, see what works, and hopefully if we do have an item where we have to act on it, become kind of fully equipped. Uh my thoughts are
just to promote just an orderly and productive meeting that we should stick a little more closely to those time limits that we have set forth in the agenda. So, I'm not necessarily concerned with three minutes because
just as Councilman Bomb obiated, three minutes can be insufficient to fully flesh out your idea, but we need to land on some sort of time limit that we are then going to
um urge the residents to stick to. uh not because we're trying to limit anyone's ability to participate in the meeting, but I think that this makes it um easier for everyone to participate. There are residents that uh are finding
it very difficult to come to the meetings and sit through so that they can participate just because of the length of time um that our meetings are taking. And I think that that is a concrete step that we can take to remedy that issue. And I think if we look other
municipalities. Um there are time limits that are pretty strictly enforced. Three minutes may be insufficient, but maybe we need to take some time and think and talk to the residents about a time limit um that might be more reasonable um and
allow them and their fellow villagers to fully participate in our leaving. So that was one of the items I wanted to speak on. Uh the second item is that notice question. So, I've spoken to our attorney and our attorney has told me
and assured me that our notice is proper and the emails that we are sending out are more so of courtesy. But I will say that um for the last meeting I received the email and then uh upon some further digging I realized that the husband had
not received the email and he's definitely signed up as well. So I do want us as a village to into utilizing an outside system where
those emails that are sent out to the residents, we can verify that they've actually been delivered. I know the clerk and I have been in preliminary conversations about some systems that maybe other uh municipalities are using and I would love for us to flesh out
that conversation and see if there is a better way by which we can not only send those messages but verify that they are being received. Uh because I definitely don't want to give anyone a false sense of security that they're receiving these emails that they're actually not because
of some user error or system error. Um so those are just the two things that I want us to think about the ways in which we can limit this meeting the time limit for discussion of certain items so that we can encourage more robust participation
um and the way in which we deliver that supplemental notice to residents. Perfect. Thank you very much. Council Mill. Yes. Thank you, ma'am. Um, if I might, Vice Mayor, may I add one
thought in the spirit of what you're discussing? Sure. Um, we certainly want there to be a full discussion that permits all residents who have something to say to have the
opportunity to be heard. So, the time limit is obviously well taken. Whatever that time limit is, there can be flexibility, but at least if it's not strict, it should be guideline. But the other thing I might add
is everybody that speaks can have a right if they hear comments that someone else has made to respond to that. So it's not in any way would be
good to be sure that everybody gets not just one but two opportunities to be heard beyond too low. You you don't want necessarily to
have cross debate back and forth between people which can go on indefinitely. The mayor could, when someone has had not one but two bites of the apple, if they wish to be heard
again, inquire as to whether they have something that actually has not been said yet. As opposed to people just reiterating their positions and
repeating things that have already heard both by the villagers and by the members of the days. So I I suggest that that might be something that you want to do where you say, "Well, okay, you've had not one but two opportunities because
again, people should be able to respond to the other comments they hear, but after that, not that they can't speak again, but the mayor can say, is what you're going to say something
that both the villagers present and the day has not heard yet. In which case go ahead still subject to the time limit. But it's not necessarily in the interest as you point out people who want to come
and make their point and see the outcome and not spend all night for the same person to speak five and six times when a lot of is essentially. Now, your your point is
is definitely well taken and and something that the mayor can feel out uh as we go and as we flush this idea out, but but I do think that the time limit and what that is more closely adeared to is really imperative at this point just
to make sure that we we are able to do city business um while still making it accessible and easy for residents to come to the village and feel like they've been hurt by the body.
Thank you, Mad. I appreciate that. Um, anyone else? Yes. So um uh so I guess cutting the chase I feel like uh something on the order of five
minutes with two opportunities basically still offers triple the amount of time that most uh people would get in any other uh you know debating body. Um and so so I think
The reason for having a time limit in the first place is because at some point you do need people to organize their thoughts and have clear and prepare and concise statements as they come to talk. Now new information can come you know oh
I hadn't thought of that right so now a second opportunity to at least address you know something that you hadn't thought of but to the attorney's point do think about it into that second opportunity regardless of the time frame now you've had someone who's had time to sit and think about it new information
with a new thought step up and present and so uh beyond that meaning the third time to the podium essentially you're now guaranteed and a circular logic pattern of redundancy and repetition of points and
um now you have entrenchment basically right so and then um uh that's certainly what we're trying to avoid because uh that's not productive for moving business forward so so I would I would just offer I'm at five minutes two times
each I'm certainly open to uh other options very much counselor Anybody else with the council? I think that number sounds that that five minutes. I I'm if we are going to do this, I do think an increases time limit is warranted. Uh so
people don't feel too rushed while we kind of navigate our way around this. So I like the five minutes. Um I think we could just mull it over a little bit and see, but five minutes and two opportunities to respond I think sounds quite sufficient in this.
Very much. Just one more comment. So like for example the county commission I mean you get an opportunity to speak but uh you get an opportunity to speak but uh you certainly feel that some of it is performative where you feel frustrated
that sometimes the commissioners told you aren't even required to listen to you. just begin like so request council person iron anyone else from the council hearing none this agenda item the uh procedural guidelines for meeting
for public meetings anyone from the audience about this particular agenda item I have a question do I have to come to the you have to come to the Say your full name, your address for the record, please. Okay. Good afternoon.
Good evening everyone. My name is Mess at 175 Northwest Street here in Albert. I must add that I am with this high straight. However, I think that we should also use the website as the medium
to essentially organize the meeting so that the key topics that will be up for discussion would also be there so that everyone could prepare in advance. I see a lot of you have already prepared your board to you know discuss the different parties relating to your properties. So
those kinds of things. So at least when you are presenting or discussing different points you're able to constructive manner and reuse that time efficiently. And then this way back to what you were saying guardian assisted that would be a good
way maintain some organization have transparency for us the residents also it could also be linked to the email so that everything could also be sent to everyone else who wasn't here for the meeting so that everyone in the community is on the same
page. Thank you very much. Thank you. appreciate it. Is there anyone else for um this particular item? All right. Hearing seeing none, we'll move right along to um item H2. Uh Council President.
Yeah. So, I'll just finish uh by saying that reminding everybody, as I said in the last meeting, um I'm from the Midwest. I'm born in 1979. You meet any white male my age or older Even when they was born in North
America, I can guarantee you that they learned about 50 jokes about murdering black men. By the time they were age, they were 10. Prove me wrong, you can't. So, what does that have to do with the residents of Elort? We are not a community that supports white supremacy. We don't have an issue with
white supremacy here. We just have an issue with one in Tallahassee as all and it will affect us. So, what's occurring in the state right now is the elimination of the middle class. If you are not selfinsured, you are not welcome in
Florida any longer. Read the writing on the wall. Raise your hand if you've had difficulty with a home insurance organization in the past 5 years. Guys, understand how this affects us. When you have mediocrity at the head of leadership, we're going to have
disastrous outcomes. Everybody's giggling right now because there's$6 trillion dollar up and downs in the stock market and it doesn't affect anybody. Anybody here work in retail? Raise your hand. Anybody? Anybody have any connection to the retail industry? Quite a privileged crowd
here. So understand this. Cheer four guys. The international community has abandoned the United States. You need to be calling your representatives in Tallahassee and demanding that they
correct this. There is one slur for white people that not even white people know. They're afraid of it. They don't know it. They've never heard it before. It's called Indian Giver. Indian
giver. Indian giver is not a slur against Native Americans. It is a slur against white colonizing Europeans. You better learn your history or we're going to sink. You guys need to call your representatives and demand that we end
this white supremacy giggle fest of ridiculousness that is occurring at the top of the leadership in this state. It is beyond unacceptable is going to end in ruin. So if you are uh selfinsured, congratulations.
If you are not Florida does not want you here anymore anyone for H2 for the council anyone from the audience on for H2 H2 moving right along we're going to the resolutions uh turn together if you want to stand up and swear everybody in who's
going to be speaking possibly speaking Everybody who's going to be making a comment about any of the site plans, um, everybody coming for the site plans, stand, raise your right hand. Attorney yellow has a swear you in. If you think you may be speaking on any of the site plans, stand and raise your right hand.
Attorney yellow will swear you. Now, this is just to be clear. Just to be clear, if you're in favor or if you're going to speak against, if you're going to have any comment on any site plan, if you're opposed to one or
you're supporting it, you're giving testimony. So, anybody that's going to speak on any of these site plans, please stand and raise your hand. If you're strictly an observer, you don't have to. But if you think you might want to get up there, even if you're not sure, try
to get sworn in. So, Repeat after me. I and state your name. I asked you hereby solemnly swear hereby swear that the testimony I will give tonight will be the truth the whole truth and
nothing but the truth and either so help me God or you may take an at that. Thank you witnesses. Thank you very much Missage please. All right. So, we're on resolution G1.
Attorney, you want to go ahead and read that? I'll just Item G1, resolution of the village council of Alpert, California authorizing the approval of a variance for an afterac driveway in the swale at 456 Northeast 88th Street as requested
by Marcus county which does not comply with section 24-b parking standards of the code of ordinances providing for incorporation of recitals providing for an effective date item G1. Thank you very much for
G1. Um, Miss Hammond, were there any were there any further approvals or conditions that they had to have um commit to the council meeting or is there anything the same? It is the same application and that was approved board.
Okay. Thank you very much. Um, do I have any questions or comments from the council or do I have a motion? To approve. Move to approve. Council person. Do I have a second? Second. Second, council person winters. Is there any um question from the audience about
this particular item? Seeing none, uh madam clerk for for item G1, may please have a roll call, please for G1. Roll call. Um council person winters, yes. Council person, yes. Vice Mayor M. No.
Mayor Nickerson, yes. Motion passes through. Thank you very much. Next is G2. Attorney G, if you read G2 into the record for us, please. Yes, sir. Resolution G2. Resolution of the village council of El Patel, Florida, granting site plan approval for new construction
of a two-story residence at 44 northeast 88th Street in zone 3 suburban residence in the village of Alpert, an application by G3C and GG Developer LLC providing for findings, providing for conditions,
providing for appeal, providing for an effective date. All right. Thank you very much. Um, for this resolution G2, is the applicant here for for resolution G244 East 88 Street? Yes, they're here.
Who's come up for us? Real quick. Hey, how's it going? How you doing? Give me one second, my brother. We're just trying to figure out a legal situation here. Um we're trying to figure out if for the camera I think we went through this one time before if the applicant has to come up when we call
the the um the site plan. The applicant should present they have to speak. Yeah. They don't have to speak. They should present but but but they should present themselves physically at the oppos. But if they're here, they should come up. But the most important thing
when the the staff report is given You do have to accept the staff report into evidence. Once you've accepted it, the staff report alone with or without an applicant's presentation. Staff report is sufficient. It doesn't have to be done
verbally, but the report needs to be offered by the planning consultant and accepted by the commission. But if the if the client is in the audience in the audience, they have to come up physically to make it legal. No, they
should present themselves, but no, they because they're not even required to come. You can approve it in the absence of the applicant. They don't have to be here. No. Okay. All right. Thank you very much. Which the staff report was accepted on everyone? No, we'll do that. We'll do that. All right.
Um, Miss Hammonds, were there any conditions? Were there any aluer. There were no changes between now and the planning approval. Okay. No change. Everything exactly the same as planning is zoning. Yes. Do I have any uh
questions or comments uh from the council or do you have a motion to approve? Mayor, the clerk points out to me as far as not required to come up but they have to offered the opportunity to come up. Now, if the council is prepared to act
as it did, it's not necessary that they make presentation. It's not necessary that they stand up, but they they have to be offered the opportunity. No problem. Um, do I have any questions or comments from the council or do I have a motion to
approve? You have one question. Please just remind me the space footage I've got. Yeah. Um, 4,944. Yes. So my only question is the number of rooms doesn't bother
me. I need I have four kids. So I need a 10bedroom house. I have a threeb on paper. It's two. So the number of bedrooms doesn't me. Does the square footage of this property fit in? Wait, I know we got over this, but I
just that's the only concern I have is that this is an outsized property compared to almost any other property in the area. What are the comparables in terms of square footage anywhere near this property that I know of? Um, we did not go
through that exercise. Um, but just for it's over 8,000 square feet is the the lot size, right? Then it's two stories. So where the coverage the coverage
is remind everybody here. Let me get my glasses. Sure. is just so the reason So the reason I'm asking so the reason I'm asking is because
the that's really half the battle here is any new project does it essentially fit with where the village is trying to be in the future right so I just want to be very clear
because it does seem like you've taken a great deal of care and effort to stick within the guidelines that are required and still honestly I mean I mean it's you know put a pretty large property on it's um it's 37%. It's under 40. Okay.
And then just please remind me as far as amenities in a backyard go what all are we talking? We're talking pool plus grill patio plus what are we talking about in terms of amenities pool deck and the house and and that's included in the fantastic
okay I just want to be clear on that I will make the motion to approve seconds yeah motion to approve we have a second counc We're going to move to accept the uh staff report. We're I'll come to you guys next
Mayor take a motion. You can just accept it as mayor unless there's objection from somebody on the council. Okay. Staff report evidence. Um the is there any further discussion from the
council public hearings? Is there any further discussion from the council? I hear none. Hearing none moving to the uh the audience. Anybody want to talk about this particular item on 44 East Street?
come up to the podium and state your full name and your address for the record. And we'll resume. Hi, my name is Denise White. I'm on 173 Northwest 88th Street. And I know that's a little far away from this one, but in front of my
that something like that, right? So, this one sets precedent and I have to wonder. Number one, how big and how much we got to pick up and number two, is it going to be over 2 million? Are my taxes going to go up? Is my question. Number three, are you going to just sink a
whole bunch of that neighbors in that area now have flooding? These are my questions. Um, say I should have gone to the zoning committee once. Well, I didn't know that was happening. I know this one's happening though and these are my questions and I see a whole bunch
of things passing and they passing so quickly people don't even have time to get it together and figure out what's passing. Maybe I'll come to more meetings if I'm excited yet. So yeah, these are my issues. I want to know for this particular
Would you like to answer all the questions first? Okay. Hi, I'm uh George Alvarez and I live on at 165 Northwest 86th Street, three blocks from this proposal. Um I I I
guess I'm a little confused about what the square footage is because I I it it said something 4,998 square footage. Um I don't know if that includes the garage or any
non-movable spaces, but I do know that the lot is a little bit it's between 8,000 and 8 and 8,100 square feet. So, I think that that's well above 40%. And I, you know, I I'm I'm not an attorney and
perhaps attorney Gailer could speak to this. I thought I had read something about that there was um that six bedrooms were not in certain property sizes. Um, that's not a quote. Um, I'm going to bring this
up as a question. Perhaps one of you guys can address that. But, uh, if this is a house that's being built that is in excess of the 40% lot, at this point until we see any other
changes, I would um ask the council to decline the permit. I'm also very much concerned about uh uh concerned about what you know I'm looking on the renderings and I have I
can't tell what is surfaces versus imperous surfaces. Um so I think that we need to start being very careful because especially west of Northeast Second Avenue the swailes
are our only drainage. The swailes are our friends. So, people got to use the swale a little bit more. We got more cars. That's cool. I want to be careful about toing the swale and putting the water burden on
neighbors or the street. Um but uh yeah, my my main question is about um the square footage on a lot that size. Thank you. One of us. Thank you very much. Hello
everyone. I live at 140 Northwest 88 Street. I've been a resident of Portell since 2014. I moved here to raise my young family given the beautiful diversity and history of the village. It's a bird sanctuary as we all know, it
wonderful nature. Um I'm here to sort of oppose these uh grotesque concrete blocks because a beautiful history. There's heritage in the buildings uh that we live in. And I just have to question all the sort of attributes
these buildings. Uh there's all the physical and geological uh questions that George and our Davis have just asked. Um but I also question the aesthetic of it. Do these fit within the aesthetic of the village as it stands today? I would I would urge everyone to
sort of ask that question. But yes, I have the questions financially about the tax burden that these bigger square footage houses will will they raise the taxes. Will they raise or will they do damage to the housing uh property prices? And then there's all the geological and uh physical factors that
George just outlined around the swailes, the flooding, the the materials that are being used, the the trucks and the removal of of and building materials that are going in up and down the street. So there's just a lot of questions that I have. I think it's our
place to to to have those questions answered. Thank you. Thank you very much. Anyone else? Hi there. My name is Colin Brown, 374 Northeast 85th Street. And um yeah, when
I look at these renderings, I see uh part of Miami that so many people are looking to escape to get the the old Florida back that we have in Elportal. And uh I would just be curious in the audience how many people would be
interested in partaking in some sort of a historic preservation board. So let's just get a count on this for record. 1 2 3 4 5 6 7 8 9 10 11
12 13 14 15 16 17 18 19 20. Anders, you uh comment on uh on your thoughts on this? So, I'll be honest. I'm not opposed to
modern architecture. We have hashed out in the village through an architecture uh guideline uh in terms of how uh someone might be able to incorporate modern architecture and still fit within uh the field of Alpert. It's possible.
Um and so and so, uh you know, we're basically in a a we're in a fine line situation here where uh where, you know, there's really only so many limits that we can truly
impose on a property builder. The reason I want to get the lot coverage and the square footage on the record uh in this meeting is as the resident said, you know, we when I motion to approve the previous item, I I'm probably the one who uh fought them the hardest through
the process to be perfectly honest. So, um I think they probably agree with that. Um and so uh you know just for the rest of my issue with that was not necessarily the the execution of the project. It was it was simply that it was an after the fact issue. Those are
very frustrating to deal with and so that's what we're trying to avoid. It's why we have these discussions ahead of time so that we're not back in here later uh with regret. Right. So to be perfectly honest, if the builder is within the code as it stands, I mean at
that point um some council persons probably will have a compunition to vote out of you know personal taste and aesthetic and others may not. Um but as far as uh what we would be able to prohibit now you understand that property owners truly do have an immense
amount of rights and so um so really the biggest concerns right now are impact of neighbors in terms of flood mitigation. Will this property will this property have a net gain on flood mitigation or will we have a net loss against flood
mitigation? So that's largely going to be up to the contractors that they choose um and things like and things that effect. It is possible. I agree that there should not be concrete slabs. We don't have mayor am I correct and thinking we don't have any prohibition on concrete slab construction at this
point. Right. So there's going to be plenty of developers that tell you, well, we have the skills to put concrete pad down and still have net positive uh, you know, result in terms of flood mitigation, right? So, so I think that's really the concern of the residents is do we
actually have, you know, net positive result flood mitigation or do we have consequence negative consequence, right? And so I think that's the primary concern and then the secondary concern becomes is this a zero lot property where the yard disappears and the bottle appears, right? And so comes down to
execution from the developer in terms of landscaping and all of that to basically fit the property into the village. And so at some point the council will run out of road in terms of its ability to prohibit one thing or the other. So that's really what we're trying to hash
out here is is are there any uh you know direct violations of the code and the proposed plan and then are there any variances prescribed meaning you know uh they're taking license with this that or the other and they need permission to do that right and so this is to be perfectly honest a pretty clean
application I have to say there are concerns to be sure but I will tell you that this has been a pretty clean application and I'm not I would not like to I would not like to see the sun cut out. I would not like to see neighbors disrupted in terms of privacy because of
someone 30 feet above having a bird's eye view down in their backyard for example, right? So, um I'm the same person who also wants my own private sund deck where I can have a telescope and a and you know hanging on a roof. So, u so that's it's the it's the
balance of coexistion in in real time is what we're dealing with. There you go. That's the best I can do in couple of minutes. Thank you. I just uh I just ask that you see all the interest in the audience and you know following up on the launch which we were told as a village that there's no environmentally
sensitive area in Elportal and now we're steamrolling into this and just how how far does this go? Like you have we don't have a sustainability task force. I bet you there's 20 to 30 people that would serve on a sustainability task force. There's 20 people. There's probably
another 20 that would love to put together a historic preservation board. So, we're we're here knocking. We're, you know, all of us have jobs. All of us are busy. We're all skipping dinner tonight to try to make a difference. So, what is that entry point? And how do we
do that in a way that that helps you with your job? And I just I ask you to consider that and um you know hopefully we can find a way to meet and you can capture all this interest because there's a lot of intelligent skilled people who live in our neighborhood.
Thank you. [Applause] Nice to see you everybody again. Um Marcus Leone 456 Northeast Asia. I just two brief comments and a question actually. We had that zoning workshop just now and one of the things a couple
of the people brought up was about lot coverage and um how it's calculated. So I'm actually curious in this instance this is an 8,000 foot lot, right? We just talked about that in the workshop about that 40% lot coverage on
single family homes. Is that correct? So the lot coverage on this is what then based on the square footage of 49 37%. 37 is that counting the second story? Um no it's sorry the square footage the total square footage of a home counts
first level and second level but the lot coverage is only the part that's covering the lot. So like the imprint of the first So the footprints about 3200 square feet. Is that right? That includes school. It includes pool. It
includes driveway. It includes deck. Okay. Okay. I just wanted to know my own knowledge. Think about anything covering the lot is lots. Yeah. There was in that zoning area. I just I don't know if you were all here. Yeah. There was a lot of uh further columns points
really smart people willing to bring up a lot of really uh you know forward thinking stuff. So I think we do need as a village to strike a balance. You know, I'm not the biggest fan of super blocky stuff. I'm also not super opposed to it.
So, I don't have a strong opinion on that one way or another, but um I support it. It's on my street. I think it's a good-looking project in general. You know, maybe not perfect. I'm sure we disagree with some people, but the there was a point brought up. It was a question earlier about the tax
implications. Uh most people I'm guessing are homesteaded in here. So this would not have any financial impact on your taxes. Yeah. The the concern is long-term residence. The 3% increase year-over-year compounds to where like by year 15 uh you end up with you
basically end up in a situation where as people get older and become fixed income now they're in a situation where they're basically either forced to sell or go into debt um uh to maintain just the taxes on the house. So, so um I agree
that you know the taxes cannot raise by more than 3% every year. I agree. So the concern becomes for uh long-term residents um who would like to remain in the village, you know, uh uh until the end end of their days. And so that that
last chapter is really where the reverse wrote on the tax discussion. Okay. No, I mean it's a good point. I think in general It would most residents would not have a direct tax impact based on construction of a home that's then sold.
They would have a higher tax bill when you sell the home as a developer, but individual residents typically that are a homestead. They're not going to have a direct assessment led against them. Okay. Yeah. No, you're right. You're right. So, I want to say something. You actually mentioned about footprints in
the last it does actually say here that it is 3,400. That's with a lot of coverage which How how big is this property? How many? Um about 8,000. How big is that? And how big is the house?
4,944. So this is saying that the lot coverage is 3,200. But this with second floor we add 7,000 ft to the second floor. But of course doesn't count for lot coverage unless the second floor I mean if you
had some odd design where the second floor extended out beyond the the first floor footprint you might be able to say that that's a lot coverage issue. But other than that, the fact that it goes
up to course doesn't change the fact the second floor does not change how much of the lot is actually being covered. And that's why the planner said that includes not just the first floor uh
residence footprint, but things like the deck and and the pool and the driveway. So yeah, we get to 3,220 with the the deck, the driveway, not just the footprint of the house. Thank you.
Trisha, if I could hear from the applicant just um uh so you hear that the primary concern is flood mitigation. Secondary concern is size of the property and whether or not people like the way it looks, right? So in terms of flood mitigation,
uh do you feel prepared to deal with what is needed as far on that lot to prepare the land properly. Uh in this specific environment where we are we have isolated individual pockets of uh
areas that are prone to flooding and uh one you know development one or the other will either make that better or worse for the neighbors. So I would definitely give you the opportunity to stick to that. Yeah. So we already have another project on
3019th Street and that with the civil plans were already like uh design for and sword and it was approved. Um we're like working on it with this house now and we're like talking to
them and we're just trying to make everything possible so that doesn't the swel or even go to the Y if you guys are able you guys are able to build this property and do not negatively impact your neighbors. You
could you could get additional business out this in the future. If you build this property you negatively impact your kids you have enemies for life. Yeah we understand that. So commissioner I could add that um during the building permit process that's one of the the things
that will be reviewed by the building official also planners. Um, we we look to make sure that they have a proper design storm water system and they won't they're not legally allowed to have any storm water go off the property. And we ensure that by this civil engineer plans
into the field. Anybody else from the audience? Kathy Northwest anything northwest street. So I know this isn't advice for the village on this application right now but there is a concept in
fourth called floor area ratio which would limit the building size in the lot that's something I want if everyone's consider going through our regulations and our zoning that we need to have that in place otherwise ETA having larger and larger properties from smaller lots
taking away the feel of our village. So just something that I want so everyone is aware of that we need to as a group continue to push for this. completely floor area ratio I think it's called is
that not um no it is not it it's typically as used in the commercial um that that we look at Florida ratio some um neighbors Miami shores for
example they do use that for residential but it's not a common practice in granny so it's not unusual that we wouldn't have it 88 street is definitely common in city of Miami code that Miami every single forum
code that we have some form of I didn't say that it's not common I said it's not common for residential it is common for residential as well density is in everything and that's the how we can avoid having you know a box that
basically is 8,000 square foot in a tiny tiny lot. I have a question though about all these plants. Is there anything about the trees that were or were not in these launches? Do we have like tree permits? Any kind of like what happened with the cats with the frost? Yes, we do
look at trees um as far as what's existing and existing trees and whereas there's a permit process that they go through if they need to remove them or move them out of the way of the house. So if they cut a tree for example from the soil like also the soil because I
see some of these include the soil is soil included in the calculation of the property bar it's the property boundary. So go. So then when I see in the in the drawing the SW included in the calculation that that's green but that doesn't count as
open space, right? No, it's an addition. I just want to make sure that when you get the calculator in the open space, you're not counting part. I'm not counting the No, Alexander 12 West 86 Street. I just wanted to clarify from what I know Miami
Beach, Miami, they all have the F in their code and it's not just commercial, but it's part of their code as far as how they calculate for residential for everything. Thank you. [Applause]
Thank you very much. Anyone else? While he's coming, I'll just let everyone know if you would like have a uh a rockous discussion on canopy show up to the planning and zoning committee meetings when they occur. Um we definitely have um knockdown uh dragout
brawls over uh Canada. Hi. Uh my name is Warner Dreer. I'm at 486 Northeast 88 Street. I'm sorry 87th Street. Uh so I understand we have like architectural document, right? Um, it's
a guide. It's a it's a guide approved by I think you're one of the authors from 2020. Um, how do we take into this in conservation, right? Because we are interested. We're okay with bringing new development, right? We don't have an
issue with that, but we want to make sure we preserve our historic value of properties. Think about it. The design district, everything's moving forward down here and Our village is is charming for this for all the the houses. Council
person Witchers, you have a beautiful uh 1937 home that I don't see anywhere in Miami. So um how do we consider how how can we get um into uh Corino uh to consider this guy
as perhaps being considered when we have all this development coming here. So the short answer is it sounds like the village is ready to get a uh a charter committee which will be a resident committee that's residents on a committee to um update the uh sharet
it's time uh it's time to have that committee formed and update the sharet that's where we're at. Yeah the is one piece right where I'm talking specifically is about the architectural design the reason we have an architectural guide and not architectural teeth is because
of partly the ship of furniture. We don't have guidance to restrict architectural development. We don't have code to restrict architectural uh uh uh decisions. Our the guide is actually to
help developers navigate this process where they could have a design that the council you know is to put people on notice. Hey, this is the this is the aesthetic selection of you know of the the spectrum we have here in upper town
and we want people to aim within that but uh but at some point I mean the it is a guy it is not architectural team sure it's a guy that I'm sure there was a lot of investment moneywise and also
timewise for part of the council right invested into it so now if he saying it's just a guide we don't have any code associated with it it's been the last time I saw it updated in 2020, right? It's
2025. What have we, you know, why have we not included into the code? But my my other point here is um there is code, there is section of 27 23.17 that any we welcome any new
development including that needs to be harmonious with the existing historic preservation. There is code associated with that. Um, I've been looking at the applications from the the template that is being put together by Corodino and I
hardly find anything in respect to any questions to to that to that section of the code. So, um, I think not just only about the shared, but I think we need to work with Corino to to improve the process. Comes down to a single line item in the right. I know what you're
saying. It's in there, but it's a single line item. It's a yes or no question. Correct. to the discretion of who's completing that report. And in addition to this, I would suggest also corino to do a walk through of the actual um
properties. I already provided feedback to the uh to the council to some of you council members because I've seen I've noticed some discrepancies. So those are my my recommendations to the council. Scarlet, I'll be, you know, I don't know
if you take any input from the residents, right? How we can improve that template uh to be more I know it's a perhaps a living uh document, right? That needs to change, but I I find it very limited on how we are we utilizing
that that um that template. Thank you very much. Thank you. Thank you, Mr. J. [Applause] see any address for the record. Hey, Kevin Mar 320 East Street.
Uh, thanks for everybody for coming. The one thing I would just say about the property is uh the house next to me is actually quite modern. It's on the corner of uh uh northeast I guess that's third and uh 88th Street. and they did a phenomenal job with kind of landscaping
in the sense that the tree canopy is still there. There's a lot of uh foliage around the house. The one thing that just sticks out to me about this house, I just looked it up on the uh on Google Maps. There is no existing tree foliage
on the swale or anything right now, but it would be nice as a good faith effort if you guys thought about actually we were told to add a tree. Oh, sweet. I don't see it in the drawing. It's not there. Oh, yeah. So, it should probably be in there. But yeah, if you guys could add something to kind of help it blend
into the the area a little bit more, that would be amazing. Thanks. Thank you very much. Anything else? That's my 10. Anyone else on this particular? Let's Well, that's seeing none. Hearing seeing
none, back to the council. council questions, comments um or motion. I actually would like to skip now. Um so I appreciate what everyone has said about that house that was that
is there currently and the historic value of it. I I want to point out a few things. Um in co there's a playhouse that's been abandoned. So homeless people that entertain for decades and I
met people who had they were billionaires let's just say that and they wanted to turn into a beautiful venue and they were most of it the same but they was going to keep it all these sorts of things they were going to modernize it so they actually put people in there fire code that but because of
the price of it there's been multiple people try to buy and it's just falling dec if we want to keep things historic I think It's hard to maintain the code but less that when I when he mentioned my house earlier I kept it historically
looking but I modernized it as much as possible metal roof that looks like tile impact windows tankless I I I did everything even though drywall is in drywall I used hard backer which is not permeable it's basically helps for mild
and mold but the thing is I kept it looking the same but I did not go by we start turning these houses into historical pieces of art. They will sit empty in a hotel. They will gain residence inside there like animals or
homeless and people are not going to want to come in here and buy something and restore that one house. If if something comes for sale like this house came for sale that's currently there and the 20 of you that want to keep it short, I think it was a great opportunity to buy it and restore it. In
this case, we have someone came in with this architect. The architects, they're artists, what they do with their work, the the vision they have. It's it's amazing. So, we have to basically balance between what we have in the past, but also future. Um, I just my
main thing is I just want to warn against making things historic here and there, but I still want I still believe in the historic aspects on this. Now, in this case, is the owner of the house? follow there's no variances on this record. No variances, no variances. And
uh required currently in 40% and he's at 37%. So he's actually far below um where he's even show back a little bit. Um again, I'm not trying to step on anyone's toes here
because I'm I'm all about keeping this this little town historic. I don't want to see weird looking, you know, I think we do have to modernize stuff in the building code. But again, I'm just want to remind everyone if we go the historic route, it will end up like one of the
richest neighborhoods Copen Road where we have a desolate buildings sit here because we're about to reach a threshold because my house is in 1930s. Then 30 possibly turn into a historic house. I want to get out. I want to keep restoring my house the way it is. I want
to be able to have the ability to make it beautiful but also modern because there's things are going to be changing. Families are changing family sizes, the type of cars we're using. This is important to understand that we are a growing village. And today we had a wonderful, wonderful town hall where
everyone talked about the new building codes that they'd like to have implemented. And we have two more town halls which I recommend everyone in go to because your voice matters. And if you want to change the way these houses looked in the future, it's up to you to
come in and tell everyone how you feel about it. And hopefully we can find some kind of medium makes everyone happy. Thank you. Thank you. Thank you, Charlie. Uh Colin Brown, 374 Northeast 85th Street. I just want to just respond to that. I appreciate
everything you just said. Um, but I think that there's a lot of sentiment in the village right now. A lot of residents that feel like they are disregarded. They feel like they're not listened to. They feel like nobody cares about them. I watched Scott Corwick stand up here on behalf of the launch
December 10th, January 28th, ask about a 250 setback uh 250 foot rule from zone 3 to zone 5. Never once was he answered straight. Never once did the village send out a survey crew to answer his
questions. And I just think it's it's wildly inappropriate. And so what you have is a group of people who are very very passionate about where they live and they want it to be the best that it can be. And they feel like they are being disregarded in a way that isn't appropriate. And so it's it's not
something that is is helpful to continue to to to move forward this way. It's not helpful. Love the passion. I really do. I love it. So, that's one of the reasons why I did say these town halls over the
next month are specifically about this. You guys are going to have your voices heard. So, please just I'm glad you were there. Thank you for coming, Colin. I I know you had a lot to say and we all wrote it down and it was it was a great event. So, everyone, please what he said
was true. You guys are passionate. You're thoughtful. You're intelligent. Please, if you can all come out to the next one. I believe it's uh May 29th. It's the fourth Tuesday of the month of May.
Thank you. Um let me say really quickly um you guys let's try to uh stay within the uh public comment section for public comments just for like procedural purposes. Um, and just want to say for the record that, you know, even though I
have my big clock up here, I haven't turned it on once, you know. So, I just want to say that for the record also. All right. For the narrative that comes out of Okay, thank you very much. Is there anyone else on the council that has any
questions or comments? All right. So, here's where we are, guys. So our choices are um and before I'm going to go over some things in a second. So our choices are to kind of keep in mind. So we can um you have approved, you have um
denial or you have you can table it and um for more information that you may want to give at a further time. All right. So as far as the taxes going up, um we've never raised taxes. Um property appraisal um the property appraisal will go up. All right. property taxes um for
Elbert property value will increase and so that's not a real rate that's not direct taxes but that is property appraisal property values for village as a whole could rise okay um as far as uh I think was a good question about uh
pvious services versus impervious services um and Mr. Mr. Alvarez brought up if you want to respond to that. Mr. Alvarez brought up uh you could tell by the uh by the drawing by the rendering. Were those surfaces that are on the rendering
are you do you have um surfaces there or they mostly? Uh well everything that is concrete's impervious of course and we have a lot of grass and a lot of lawn is not being touched. So therefore there's 30. So that's concrete is impervious. So
like the and stuff and all that impervious concrete. Um, and then everything else, grass is impervious. Mr. Alvarez, does that answer that particular question or is there a particular a particular area on there you're
particularly answering about ask about or is that generally what you're asking? Come on. after is that uh so yes in general that's that that's what I'm asking but I'm also curious
about to what degree is a study done about drainage when there is uh a different plan whether especially pvious concrete surfaces in an area like the swale which obviously so I have that on my okay all
right you're one step ahead of me Mr. I got you I got you Mr. I got you covered. Okay. So, so generally everything that you see that is uh not grass is impervious. Um as far as the swell goes, what do you what's the process
that you go through to decide how the any flooding or drainage especially with your neighbors? What's the process on that? Um dealing with that. And then with the swell, how um how impervious or perous is your swell?
That's really to the point of yeah civil engineer matters. But of course we are focusing on not damaging the neighborhood then we got enemies for the rest of our lives.
I understand for for the swale though for the swell your swell is um is it is it g is it gravel is it is it Is this grass or not? Right. Is it It's going to stay grass remain grass. Guess what? You repeat that. Is it going to
remain grass? Yeah. Okay. It's main grass. Um as far as the uh square footage and the lot coverage, I think I went over that. Yes. Um so that we kind of went over and answer. I think there is something with kind of keeping in
mind while we're, you know, we're updating our code and we're modernizing our codes. um with really getting detailed and if you look at chapter 24 um in the form based code it kind of speaks to that but just really you know getting detailed about you know how
strict we want to be with the lot coverage and how we really want to spell that out as far as you know if we do want to their pools and things like that because in the future um because those things, you know, are not grass at that part of the yard. So, we want to think
about that moving forward. Um things with like the style of home and the aesthetics. Uh those are things that we could look into moving forward um as far as defining it, you know, with the updating of the code um and things
that we might want to see. Uh and also fall in two things about the swells, the flooding and the materials being used. The materials being used is also something that um we need to look into in the future as far as putting into our code more
materials that are um that are more environmentally friendly. I think that's something that we definitely look into. As far as the uh the F, I think that's a great point. I know that there are um I understand what you're saying uh Miss H. I know there
are some municipalities where the F is directly related to um to uh commercial properties, but I do know there are other municipalities where the F is related across the board. Um so the F is something that we should
definitely look to implement while we're doing the current code to update the current code. And the question was a good question about is the swell counted as open space? Um, and is the SW counted as lot coverage? I know the SW is not owned
by the private property. U but, you know, should it be counted as lot coverage even though the SW is is, you know, owned by the city officially, but it is maintained by the property owner. All right, that was all the questions or comments that I kind of had written down
there. Um, were there any questions or comments from the individual that came up that I missed? You have a comment? I do. Yes. Hello, Thomas William 205 North DC6 Street. Um, so I was just looking at the staff report and the materials that was
submitted and I'm wondering why no pool is shown on the actual site plan. It's just like in this rendering. So what is getting approved. Is it the entire package including these renderings or is it just the site plan which doesn't include um the pool? Um my other
question is um is this going to be on a septic tank and if so where's the drain field in the septic located because it's on any bear. Thank you very much. You'll answer
that mayor. Yeah. Um again, 46 Northeast 87th Street. Mayor, you did ask you have answered all the questions. So a couple of the questions were related how we can improve the process withino right to
revisit that template right the questionnaire and also perhaps improve the process where we have somebody from Cardino uh just go ahead and export the physically the location right versus
just renewing the yeah so um as far as I got mayor that would technically not go to the issue of cycling and approval. Those are very important questions that
the council can address, but they are process questions that would have been better during the vice mayor's presentation of the process issues and they could certainly come during the second good welfare, but they really
don't pertain to the issue of whe this cycle point is that it would be pretty useful. Yeah. Um I was going to get to that after I had two uh Mr. Podium's questions. So for Mr. William.
Um, as far as uh Scarlet, as far as the um the full I know that well I know procedural procedure wise I know we vote on the entire um supplemental document. So that's the first thing. So anything that's within the supplemental document
is everything that we vote on. Um, so any images that's as part of the supplemental document, anything within the supplemental document is what we vote on when it comes to the agenda. That's how that works. Uh, as far as Mr. Dreer, as far as what you're
talking about, that's more of a administrative matter. Um, it deals with us, you know, um, telling the planners, you know, the process we want to take. So we'll do that but that's more of an administrative matter. Um it doesn't that doesn't come through the council.
That's something that you know we through the management we uh instruct the the planners to go through the process and change that process whether it's coming out and uh you know physically and things like that and go through that to construct the process. All right. So that's that. Uh is there
anything that I'm missing? Was there something else that I'm missing? Hey Joe, 165 Northwest Street. Along the lines of that question, it may be an administrative thing, but for examples, what is the current admin
administrative process or thought process or what are the criteria for as Mr. mayor said at some point the question uh and I think uh I'm sorry one of the council people made
illusion to it um is the property is the proposal proposed property of similar size and style to the rest of Alpert
because it depends on you know what what the meaning of is is at that point. So I I'd like to I I since we're on this topic, I'd like to get that explained because I think we need a baseline. Uh because it at this point it
doesn't seem like the logic that would answer that question is answering that question in a way that to a lot of us is logical. So I think uh part of the point of being in El Patel is is is figuring this stuff
out. Thank you very much, Mr. Alice. So I would just say so so we're talking about the way um the the government works. So there's certain things that legally we're over certain things that legally others are aren't over. So for
example, where government works, we have basically two individuals that are in leadership roles. The manager is the leader of administration and the mayor is a leader of legislation. All right? So for example, I can't legally I can't bypass the
manager and instruct the administr anybody from the administration. I can't bypass the manager and do that. I have to go through the manager. The planning group is under the administrative aspect of the village. So
I can't bypass the manager as a leader of the legislative aspect of the village. I can't I can't bypass the manager and you know fire the front desk person instruct the the um planning consulting group what to do. I have to
get approval through the manager for that. So that's the reason why this question is an administrative question to where you know I I agree with the question right I agree with with doing that but
what I'm saying is is right now as far as what we're voting on I have a motion a second we're voting on procedurally that's an administrative question that's all I'm saying and so that right there will have to be
handled you on in day-to-day government purposes like that right there will have to be handled. The process has to be started as I do every day when I have my meeting with the manager tomorrow. Okay. So, it doesn't mean that it's not going to be implemented. It's
just that it's almost like you want to go through a process now and give you a definite answer now for an administrative conversation that has to happen. We're now in the legis legislative conversation. But okay, so that's just kind of how
that goes. And so so like I said, um I agree with it. It doesn't mean that's not going to happen. Doesn't mean that's not going to move forward, but that's not like a decision that the council votes on or moves forward with. You know, we take that to the manager as a
head of administrative aspect of the child and then she instructs the planning department to what they what what to do to them to bring those things. May I add something there? I have been taking good notes. I don't know if you're watching me, but everyone has
spoken and I've taken the notes from that. I was looking at administrative items relate to that. And when Mr. Dreer spoke, I did write that down. So on the squid, we'll work out something that may be um a little more inclusive um as we
um figure out the process better serves community. So not to hold up this uh item any further from the administrative side because this is a council meeting. It is a legislative meeting that I policy meeting that I'm moving back forward but just know I will work from
that. Thank you very much. So, he wouldn't. No, he didn't. So, uh, you said something earlier that about the size of the property, and I want to let you know when whenever we come out here to vote, there's not been
one house I haven't driven out to or walked out to, looked at before, and looked at the houses around it. So, this house that is going to be coming down to build this one, this is a property next door. Big, big, and beautiful. I think it's even bigger than the
ones around 13,000 square feet. Sorry. Please yell. When we look at the houses and the actual square footage they take up, we have to go into this 40% threshold which is inside our building code. When you go
to the property, you actually look and see the other properties around the other houses. You're saying this is basically it meets the same stuff that's currently there. The current one that's there is the outlier. That's all. Thank you very much. Appreciate it. Um any
other questions from the audience? Mind wasn't answer about the pool uh about the the pool runway? Your resolution says that it's about a pool. There's no pool in the site plan. is only for the
Okay. So, what I said was was that I answered that question. I said that everything that's on the that's in the um the supplemental documents is what we vote on. That's what I said. So, even though the resolution says it if it's if
it's not in the supplemental documents as a site plan or because it is in there as a rendering, but there's no dimensions or anything given. You guys were saying 3 to 70% blocked the bridge, but you're not. Okay. So, now we don't have to mention sport. All
right. So, I never stop conversation. I let everybody speak as much as possible. Um, but we can't have yelling from the audience. They can't have yelling from the audience. Thank you. What is the dimensions of the pool
that is in the resolution for approval? I don't have that information in front of me right now. So why is that recommended for approval? I just don't have it with me today. I did not memorize it. Why is it not in the staff report in the documentation that's being voted on? That doesn't make sense. Okay. I would say for these reasons I
would appeal to the council to table this again if we are having these ongoing workshops now finally to address code what's the problem with tableling this one to six months to let that process occur to understand what
villagers actually want I mean I'm just saying another discrepancy in the staff report right the resolution you guys are asking to vote for includes a pool again it's not a site plan there's a rendering they're saying there's adequate uh coverage quarter went on. And there was
a meeting maybe six months and nine months ago. There was a resident who had a site plan approved, but one of the items in the site plan actually required a variance, but that wasn't caught by anybody. So, they were allowed to move forward with that because of I believe
our building department didn't catch that. So, it looks like things are repeating themselves again. Um, again, I don't understand how a council can vote on without all the information does not appear, you know, to be uh in in good
faith in what uh the collective is is uh asking for. Again, the information is not provided. Can the developer answer or does the developer willing to answer? So, the pool is just to sell it pretty much. Yeah, but that wasn't his question. That
was there's no pool. It's just a depiction to make it look pretty. So why is it in the staff report the resolution says including the pool is what's being voted on. I see no language of pool being in the resolution. Um it is it's in there.
You want me to point out the line for you? So you can't approach the guys Mr. I think it's a simple misunderstanding that if they put it in a pool, it's
still going to fall. It won't be able to put in a pool if there's any violation in the lock coverage and all of those things. So, we're all it is a simple separate permit
process and they will either have the desire to put a pool in if they have the square footage available to them or they will not. So, I will caution everyone. This was a learning curve that I myself
uh you know had to uh catch up with as I came on the council is that uh we will go off of plans uh not renderings. In fact, in fact, a discussion about the renderings takes place at almost every
single level of almost every single application because of how renderings are typically not truly representative of what we're looking at. So, we look at when we look at the architectural uh plans and those designs, that is what we
used in previous committee meetings to make decisions to get this far in the process where we're talking about final improvement. I'd like to Third section at the resolution says Mr. Mr. Thank you. Thank
you Mr. P. I appreciate it. You guys don't care obviously. Thank you Mr. Thank you Mr. Ping. I appreciate it. Um so we vote on everything as part of the agenda package that's under that agenda item. If there is a discrepancy and
before any of this was ever said I said you all we have three options. You can go vote for approval, disapproval or to table. Right now, if there's discrepancy between the resolution, which the
resolution yes is the legally binding document from the information not being fully provided of the subal documents, then we can vote it down or table. Are there any other questions from the audience?
Darren seeing none. Um coming back to the council and coming back to the dis uh Miss Hammonds. Yes. Yes. It is true that there is not a pool um
diagram in the uh not in the staff report but some of the documents. Is that correct? Sorry I don't have it in front of me at the moment. Yeah. Did you create value to this? So yes, so there's not a pool and
it does mention um after the backyard in the resolution um it does say uh with the pool on 80 foot lot something fine. Therefore if there's discrepancy which there seems to
be my advice would be motion to table but I will hear from the council before we do have a motion in a second. We're going to go through that. But my advice would be motion to table. Um before we go through the first motion of the motion and second, which was approval,
do I have any com any comments or questions from council? We'll go through the first motion and then we'll see if we do have a second motion. Are there any comments or questions from the council? I just the mention of the the pool that
we're discussing now. Um is that probably scrier's error or was there conversation previously with the applicants about there being fooled? Do you have any recollection of that? Um I would say it's a scrier's error. Um we we were processing about 10 resolutions
and it probably was just caught not caught as being on the site time if that makes sense. Okay. Using the template I apologize. Um also um we could correct
it and approval. We could make that correction. We could do that. It is proper to uh when you approve if you approve you certainly do typically
set conditions. So that is a normal legal process and if there is a concern that is one way to address not the only way but it is a permissive chief. I have a question. Um, assuming this was approved as is and
the language of the pool remain uh are they guaranteed a pool uh because of that language? Are they guaranteed? No, they would go through a building permit and during building permit we would catch that. We always check block coverage when we look at building
permits especially pools and driveways in a statement. If the was in part of shown it deck. It doesn't increase lot coverage. It seems if it were to be added to the area that's already concrete deck lot
coverage is identical. However, the point that was was raised is if you set it as a condition and say you know it's not agreeing for no pool without you know further application that is a permissible
condition. Again, it's not only way you can address the issue. Certainly, you have the right, you know, to approve, to deny or to defer. I mean, those are your three options as the mayor bufferly sets forth. But it is correct following the
black mayor's point and and comment from the plan, it can be addressed as a condition and you can make it, you know, that that it's not approved at this time without further application and examination that goes through the
regular process. Sorry, let me jump in here real quick. Um, we still do have the first motion that second to vote. Um, found a little hidden sentence. Um, under the project, it says the applicant
um proposes a complete tear down of the current house to allow for the construction of a new a new residential twotory, 5,944T house. The new home will have six bedrooms, 6.5 bathrooms, a twocar
garage, and a covered backyard terrace. It says the site plan application includes the house, pool, and deck. So it states that um in the supplemental documents um and there is that picture with the
pool there. So it's a that last sentence is kind of like there's a lot of space in between like somebody spaced it out like five or six times. So thank God somebody spaced it out like five or six times. So it's kind of uh falling off the edge if you don't pay close
attention. But I knew I had read that somewhere and so I just found that. So it's in the subal document. So we're back to the original um that we can vote either vote it up, vote it down or we can table it. But the pool is not only in the resolution but under
project right underneath background information. Under project the last sentence says the site plan application includes the house, pool, index. The site plan doesn't show a pool and so the site plan doesn't show a
pool. We're 37%. So technically that leaves only 240 ft available put in a pool in a deck. That's a 10 by 24 foot pool. It's a side uh piece of water. Of course, you know, you shrink that down a little bit because you need the deck.
But I mean, I don't know. Uh I just need to understand if they are guaranteed rights to a pool based on the language because I still don't anything in here that would be uh prohibitive to be perfectly honest in terms of like lot coverage. Lock coverage calculated 37%
3% remaining is 240 ft. Okay, that's a 10 x 24 foot space. So that's enough room to put in um a small water feature and still uh be within the 40% lot coverage. So I I I still do not see uh a
path I just don't I just don't see the lock coverage as being the primary issue. I think the primary issue is um are the builders competent enough to maintain the flood mitigation uh and keep the water uh retention on the property. That's the primary concern. And then does the property itself fit
with the village? Those are the two issues we're really dealing with. I don't think that lock coverage is the issue here. Okay. So, we have a we have a motion to second. Um Mr. Old, if you want to say something real quick. I don't maybe the architect was gonna
address my question but uh mayor I think when you were reading you just read something about a 5,000 500 square foot home but that's like over a thousand feet different than the home we've been talking about. So, I
guess my sense is that maybe this needs to be like a little more carefully looked at. Um, in general, um, either there is or isn't a pool. Um, the renderings obviously have a pool in
them. I've heard the two different sizes that are dramatically different for the house. I don't know how you would calculate square footage on which of those sizes um the floor plate would be based on, but I think they'd probably be different. So
um that's my sense. I'd say like probably want to move it along and get it going. Thanks. Thank you very much. Appreciate that. Um Natanya Campbell again. Um the planner also has been mentioning multiple times
in the 37% calculation the pool as well. So suddenly not knowing the pool and being missing is also a huge discrepancy and especially what you brought up as well saying that it seems that it was intentionally written in a way to be
misleading so that that information and specification regarding the pool and other other information regarding the dimensions of the project were also not obvious to the board. Thank you very much. All right, anybody else from the audience?
Good. All right. All right. Coming back to the council. So, we have a motion. We have a second um for approval. We have to go through that voting process um if that fails. Um then we'll I'll ask for another motion. Um we need to have some
type of motion before we leave here. So, motion to approve, which we have the motion in the second for approval right now. We're going to have that vote in like a second. Um and if that one fails, you have the motion for tableabling. um or denial. We do have a motion in a second. Madam clerk, might be mayor.
Does the motion uh I forget who made it, but does it state what conditions? Motion and second by winters. Does it state there's no conditions? Can we change tad conditions? No, we have to go through the vote. can move to amend the motion to state conditions, mayor, if
someone chooses to do that because typically a motion to approve I mean the planner has a report that has conditions maybe those need to change but it has to at least state that it includes the conditions that are recommended by staff that that should always be part of a
motion and then whether or not somebody feels the need to add clarification that's that would have to be by amendment. I would say this, we get a motion to amend. I think it's cleaner to go through the
motion and then whether the motion passes or fails then we come with another motion if that second motion has conditions because I believe of just like it would be complicated. I think it would be confusing with people. You're
legally required to state the conditions of approval. It has to be part of a motion then. So you're saying because it wasn't stated with the first motion and the second then we can state it now. What you're saying there's an I think the assumption is typically when we have a
motion it typically means with at least the staff conditions. Maybe the staff conditions are not sufficient. Maybe that somebody wants to amend or add one. But the motion to approve itself has to be clarified by the maker
in the second that it's assumed that it means with at least the conditions that staff is recommended. That's always the case, but here um it appears that wasn't stated. So before you vote, you have to at least say it includes the staff
conditions. If somebody wants to amend that, that's fine. But it's really not proper to just say approve and not talk about at least the staff conditions. That's the whole thing I'm saying. But there are no conditions with this is
staff recommend in the staff report. Is staff recommen recommendation approval? The granting of the site plan approvals as presented is in harmony with the general intent and purpose of the comprehensive plan. in the proposed development architecture is comp comparable with the existing residential architecture character within the
village alpha code in section 17.17-53 requirements and procedures for the site plan review um subsection A the applicant shows good cause for ensuring the proposed development congruity congruity and comp compatibility with the surrounding area um therefore
approval is recommended for this site plan application allowing for a two-story residence if there are no conditions stated in the staff report then that's fine. So when I when if you guys know when I first opened up an item I asked were there any conditions were
there any like and and then she said no. So so the the original motion and second that we have is for the approval of the um Yes sir. this address for this site plan. Yes sir. Okay. Uh madam clerk let's get through this
motion please. Roll call. Roll call. Council person Winters. Yes. Council person Bomb. No. Vice Mayor Martin? No. Mayor Nickerson? No. Motion fails. All right.
Do I have a new motion, guys? I do have a comment. Yes. Uh, so we're we're we're firmly running down this rabbit hole of like just distrust and I do believe that it is just discriminator's error because you're doing a lot all at the same time.
But I I would just urge the cordino group to, you know, try not to put us in in the current situation that we're in, which is we definitely see the mention of a pool in there. Um the applicant says
that there was never any thought of putting a pool in there. So then we have to think of like well where is this coming from? And that discrepancy leads us down this really tricky path of just seeming to the the villagers as though
there is something occurring um that probably isn't. So I make mistakes all the time. Uh, so I'm not crucifying you for this or not even saying that it's your mistake. Just saying in the future if we could just be really clean on uh
what it is we're presenting and making sure that those things are compatible. It helps us um in defense of some of the things that we're relying on to make those decisions. With that being said, um for me, I would be um uncomfortable
approving it with the pool language in there. However, there is a way to remedy that without prejudicing or biasing against the applicant who has already been very patient and we have looked at this item um numerous times and and and
fleshed it over and talked to you about various aspects and you've been quite accommodating and and informative and I appreciate that. I think the mayor has done a great job of highlighting some of the information that we know on the deis and I maybe some of the audience isn't
aware of but hopefully you feel more informed. Um the removal of the pool for me would be a uh determinative factor in my ability to move forward. So, with that being said, I would make a motion
to uh accept staff's recommendation with the condition that all reference to the pool be removed from the item that we're approving. We do have a motion, you guys. Do we have a second? I will second that motion. Second that motion. Um, you
understand that and you were saying the pool was there just for show anyway. Okay. Okay. And you understand that we're the motion in the second that's up right now is to put this through without the pool. Okay. Madam clerk, I have a motion. I have a
second. May I please have a roll call, please? Roll call. Council person Winters. Yes. Council person Bomb. Yes. Vice Mayor Martin? Yes. Mayor Nickerson? Yes. Motion passes. All right. Thank you very much. Um, let's go back really quickly you guys to G1. Mr. Miss Leone.
Just want to make sure that everything is legally there. So, if you guys can just come up to the podium really quickly so the camera can catch you at the podium. So, mayor, you had the staff report given. You just need to accept the staff
report for the record without objection from if if there's an objection from the council, you need to talk about it, but you can accept it as long as you call for objections and there are none. No problem. Um, so this for resolution G1,
this is 456 Northeast 88th Street for this property. I will accept the staff report into record. Um, do I have any discussion from the council on this? This was already voted through 31. The only dissenting vote being our vice
mayor, our wonderful vice mayor. And you have to open the public hearing. I will. I will. Hearing none from the council. Going once, going twice, three times. Hearing none from the council. Is there anybody from the audience about um 456 Northeast 88th Street, the
driveway? Okay. Did we catch them on the camera? We know they're there. There we go. Hearing none. This has already been passed through 31. Okay. Take the revote. Mayor, do you want motions also again? No. No. You
have a motion. You just need to revote after the staff reports accepted and the public hearing was opened. Then did you close it? Just just so just so we have everything. I will in a second. Just so we have everything. Um who motioned it? Want to have everything on the record. I motioned originally. It was motioned by
council person. Who seconded it? I second. It was second by council person Winters. Anybody else from the audience? You guys good? We're good. All right. Going back to the council. We have the motion. We have the second. Madam clerk, let's do we do the roll call. Roll call.
Council person Winters. Yes. Council person Irv. Yes. Vice Mayor Martin. No. Mayor Nickerson. Yes. Motion passes 3 to one. Thank you very much. Thank you very much. Thank you. G3. Mayor moving on to G3. Attorney Geller. G3. A resolution of
the village council of Elpertel, Florida, granting site plan approval for an addition to a residence at 48 Northeast 90th Street in zone 3 suburban residence in the village of Alporttown, an application by Tanya Brinkley, providing for findings, providing for
conditions, providing for appeal, providing for an effective date. Thank you very much. I appreciate this. Um, Miss Hams, how you doing? Were there any conditions um any changes adjustments since the last uh meeting? Um is
everything the same? Everything is the same as was approved by the planning and zoning board. Okay. Thank you very much. Are there any questions or comments from the council? Hearing none, going out to the audience. Are there any questions or comments from the
public? Hearing none. Seeing none, coming back to the council. Do I have a motion to approve? Accept the staff report. I will. Do I have a motion to approve? So moved. Moved by council person at Urban. Yes. Do I have a second? Second.
Second by Vice Mayor Martin. I'm accepting the staff report into the record. Um, Madame Clerk, can I please have a roll call? Roll call. Council person Winters. Yes. Council person Bomb. Yes. Vice Mayor Martin? Yes. Mayor Nickerson. Yes. Motion passes four to
none. Thank you very much. Moving on to G4. Thank you very much. Take care. Have a great evening. G4. Mayor. Yep. G4. A resolution of the village council of Elpertel, Florida, authorizing the approval of a variance for a garage enclosure conversion at 420 Northeast
89th Street as requested by Betty NE LLC, which does not comply with section 5-66 garage enclosure of the code of ordinances providing for incorporation of recital providing for an effective date. Thank you very much. I appreciate
this. Is the client here? Okay. All right. No problem. Hello. How are you? Good to see you. Hi everybody. Okay. for 420 Northeast 89 garage conversion. Um, were there any
adjustments, any changes uh since the last meeting, Miss Hammonds? No, no changes since the planning and zoning board approval. No conditions. No conditions. All right. Thank you very much. Going to the Sorry, there was one condition, but it remains the same as before. Um, that parking on the swale is
not permitted and no future driveway modifications shall comply and all future driveway modifications shall comply with the code for driveway standards. You understand? No parking on the SW? Yes. Okay. Thank you very much. Um,
good. Okay. Okay. Are there any questions or comments from the council? Hearing none. Are there any questions or comments from the public? Okay. Hearing. Seeing none, coming back to the council. Um, do I
have a motion to approve? So, moved. Moved by council person. Do I have a second? Second. Second by Council Person Winters. I'm accepting the staff report for the record. Um, you good? Okay. Madame Clerk, may I please have roll call? Roll call. Council person
Winters. Yes. Council person Bbomb. Yes. Vice Mayor Martin. Yes. Mayor Nickerson. Yes. Motion passes 4 to none. Thank you very much. G5. Mayor D5. A resolution of the village council of Elpel, Florida, authorizing the approval of a variance for a garage enclosure
conversion at 242 Northeast 89th Street as requested by Sean Skolnick, which does not comply with section 5-66 garage enclosure of the code of providing for incorporation of recital providing for an effective date. Thank you very much.
Appreciate that. Um for 252 Northeast 89th Street, how you doing, man? Great. Good to see you. Hi. for 252 Northeast 89th Street. Uh, Miss Hammonds, were there any adjustments, changes, conditions? Um, no. Nothing has changed since planning and zoning board
approval. Um, we also have a condition regarding parking in the swale not being permitted and all future driveway modifications should comply with the village code standards and that the existing asphalt payment in the swale shall be removed. Thank you very much. Do you understand those conditions and agree to those conditions? Thank you
very much. We appreciate that. Any comments or questions from the council hearing? None. Any comments or questions from the public? Hearing seeing none. Do I have a motion to approve from the council? So moved.
Moved by Council Person Winters. Do I have a second? Second. Second by Vice Mayor Martin. I will accept the staff report into the record. Madam clerk, may I please have roll call? Roll call. Council person Winters. Yes. Council Person. Yes. Vice Mayor Martin. Yes.
Mayor Nickerson. Yes. Motion passes 5 minutes. Thank you very much. Take care. Thank you very much. G6. Mayor, a resolution of the village council of Elpel, Florida, granting site plan approval for new construction of a one-story residence at 460 Northwest
90th Street in zone 3 suburban residence in the village of Alpert. An application by AB460 Real Estate Investments LLC. Providing for findings, providing for appeal, providing for an effective date. Thank you very much. There's a client. How you doing? You're good. You're good.
You're good. Good to see you. Good to see you, Miss Hammonds. Were there any adjustments, conditions, changes? No. No changes since it was approved by the planning and zoning board. Okay. Thank you very much. Any questions or comments from the
council? Hearing none. Any questions or comments from the public? Okay, we have one so far. Name and address for the record. Colin Brown, 374 Northeast 85th Street. I think that this is awful architecture
and uh just wanted to say that. Thank you very much. Any questions or comments from the council? I mean from the audience. Any other questions or comments from the public? come up and say your name, address for the record. I'll take it I did a good job. Or
Hi, I'm George Alvarez at 165 Northwest 88th Street. Um, nobody's asking for my opinion about this proposed house, but from the renderings, it's pretty damn sexy. However, I am
wondering if there might not be a way to create some sort of bridge, some kind of compromise between its very sexy, very clean aesthetic. And I love the doors and the back the uh the sliding doors
inside outside living. It's why people move here. But another reason that people move here is because we preserve our traditions and we preserve harmony and history is important to us. So as we move into the future, it occurs to me that this is the
night, Mr. Mayor, Council, this is the night that we establish a precedent because finally that question that I asked about which was answered with an answer about administrative terms. uh
miss manager as opposed to uh the political process tonight we are approving many houses which people have many questions about. So this is the night that it all
changes because then after this everybody can honestly answer yeah there's houses that are that size. Yeah, there's houses with those kind of design elements. That's what we are now. And then what is next? Are we going to start
expanding lot coverage? Are we going to remove swelles? We going to see those sewers magically appear? I mean, there are balances, right? There are things which make our concerns and our complaints a little bit easier for us to
stomach. So I would suggest I would suggest that the developers in good faith as sexy as it is consider finding ways to achieve at least a variation on the theme of El
Patel. I appreciate that your garage is in the placement it is. It does sort of ape the styles that we see in Miami Shores, Biscane Park, uh, Shore Crest, uh, and unincorporated East Northeast
Aid. But I think that there's a way to get to smooth over that cold feeling of 180 degrees or a 90 degree right angle from the house that's next to you to your house. I think there's a way to do
it. It may be landscaping. It may be organic materials. It may be just some softening of design. You're the expert. I would suggest that that be considered. And because of that, I would
ask that the council table this. Thank you. Thank you very much, Mr. Alvarez. Um, my name is Andreas. I'm the architect for 46 for a second. We'll answer at the end. Okay. I was gonna answer. No, we'll answer at the end.
Hello, Alexia Fernandez, 374 Northeast 85th Street. Um, in line with what's been said, um, prior to me, I have a question for the developers or whoever can answer. Again going back to what is
in the code under section 2473 historic preservation um encouraging new buildings and developments that will be harmonious with the existing historic buildings and squares. Um I would like to understand what part of this design what features
are harmonious with the historic buildings and squares that you see in the rest of Elportell. Okay, we'll get that answer. Anyone else from the audience? Okay, everybody good from the audience? All right. Um, if you want to address
this first question, then we'll get to the second question. Sure. I think the first question was related to landscaping associated with how we can make it more harmonious. So, if if we take a look at the existing site, we can
see that it's pretty barren. There's only one palm tree on the site right now. Um the house right now, it's rented out. We're not developers. I'm the architect for the end users. This is Ombberto. His wife Angelica is sitting over there. They're going to live in Elortal. This is their dream home that
we're developing. We're not coming here to flip this. We're not coming here to do lowquality work. we're here to, you know, do something that they can pass over, you know, to their children and future family. So, just that being said,
the overall uh design aesthetic is inspired uh by the masonry modern design identified in the village of Elporta design guidelines. So, it has, you know, flat low-lying
roofs and a lot of organic uh aesthetics, you know, the stone cladding, the wood cladding, uh just to kind of soften the the the architectural motif. So, so I just want to express that it was very inspired by the village
of Elortal. Um, and we I meticulously myself went in and studied all of the the material and drove around the area and I feel like it very well complements es especially in that street uh what is existing now. So and the scale of the
home as well. It's a singlestory home. So this is not some you know massive structure that that is going to be you know seen from miles away. It's it's the same height as all of the homes around it. So, and uh there were a lot of questions and and concerns in the past
about uh drainage on the sites. So, as an architect, I'm actually an architect for Miami date county and we um at the county there's actually a a uh storm retention plan that you need to submit to the building department before you get
approved. So, if there's an issue with drainage, there should never be an issue with drainage. And if there is, that's a code violation. So all contractors and everybody, they're very meticulous in an in and analyzing these things. Okay? So it's something you need to officially submit to the building department before
you start building to get a building permit, a storm retention plan that shows how water is going to be managed inside of the site. And a civil engineer, the person that is studied their entire life is to do these kind of things, prepares these plans for
builders. Um, just to kind of put that out there. But we did take into consideration permeability and the driveway is not a typical not permeable concrete slab with you know grass around it. It's a permeable pa driveway. So uh
you know we we we took a lot of of uh of decisions uh we made a lot of decisions with that in mind. Permeability on the site, storm drainage scale and uh I'll I'll just leave it at that. Thank you. Thank you very much. Um we were talking about
uh harmonious with the surrounding area um which goes right through this with this sentence under the approval sentence. It does say uh Miss Hammonds that the applicant shows good cause um for ensuring the proposed development
congruity um and compatibility with the surrounding area. And so when you guys are kind of going through it, do you look at just the houses on that street or do you look at Alpert tower as a whole when you um kind of decide that
you know it uh the development shows like compatibility and congruity with this? Yeah. Um El Portell as a whole is that for now does it answer for now? Um anybody else from the audience?
We're good. Okay. Um, hearing seeing none, let's come back to the council. Council, do you have any last questions or comments before we ask for a motion? I do have one last comment. I I think at the end of the day, we we also have to appreciate or try to step back sometimes when we're in a room full of people that
believe the same way that we do. It gets like uh it's a resounding chamber, but we do need to step back and and understand that at some level this is a subjective undertaking. Um, I'm sure for Ombberto and Angelica, they probably love this house and they love the way it
looks and and this is what they their dream of Elporttowal looks like. Um, so when I get too deep into talking about uh um some of the design choices, um I think to myself like um am I precluding
someone else from having their idea of what the dream is? So there are some objective things that guide us. uh we don't want the property to be a nuisance to the other properties that are around it. We wouldn't want it to increase flooding for the neighbors. We wouldn't want it to be um in some way a hazard.
All of the the elements that Scarlet looks at and the Cordino group looks at. Beyond that, when we get solely into do I like the way this looks or does this look like mine, I stop uh before that analysis and understand that um though
it is in the village of Elportal and there are certain requirements that we should hold that property to, it is Ombberto and Angelica's dream. um and barring it being a nuisance to the
people around them or being in some way obviously violative of some code that is set forth in the village. I stop short of that and try to support um the applicant in having their dream within the confines of the rules set in the
village. So um I just want to kind of couch my analysis in there so that you understand. And I always try to be very transparent about why I'm doing what I'm doing. Um, and in this analysis, I I stop short of imputing my idea of what
is beautiful. Um, I think about what is allowed. Uh, and then the the beauty of it. I leave some of that to the person who is going to be enjoying it. Thank you very much, Madam Vice Mayor. Appreciate
that. Anyone else from the council? Just a quick question for a quick question for the developer. The the stone and wood cladding um the materials are are set in stone or are are are chosen or this is still
something that like in the construction process will be determined at that time in terms of what the actual cladding will be. The spec is not set in stone. The aesthetic is set in stone. Okay. So stone no point at stone and and wood.
Yeah, that was I didn't mean to. So, so in that vein um I mean all I have really is a suggestion that um for either stone or wood you know more limestone or you know thematic and uh coral thematic as opposed to granite at least for the
exterior and then you know more pine and oak as opposed to mahogany or cherry and just in terms of you know uh the materials that you'd expect to see around here. I think that's I think that that can be jarring for some people when they see a material such as a cladding
that doesn't represent material that people see immediately in the nature around here because then it seems like something transplanted and deposited here from somewhere else and it seems um invasive right as we talk about invasive n like species and things like this right so I think that I think that part
of I think that I I personally think that part of the reaction to this design is is a little bit of trying to wrap your brain around, okay, where does that stone fit into, you know, this area and where does that wood fit into this area
more so than um I mean it seems like a seems like a nice mid-century modern inspired um design. So um uh so it's merely a suggestion but I I think that sometimes as people I think you remember from the first meeting that we had I
mean I I definitely was trying to wrap my head you know uh around the concept and the visualization of this but um but uh but you speak very well for it. Thank you. Thank you. Thank you very much. And just as a as a quick two second side
note, just like as a an opportunity to learn a little bit about what was mentioned with F floor area ratio. The way that is calculated is that typically for example like municipalities or small like Coral Gables, Miami be a lot of those areas don't implement F. They have
limits, height limits and setback limits. But if you do want to discuss F, a typical F they hear is usually a 0.5. Meaning that in a 10,000 or for example the previous presenter that had an 8,000 square foot lot in a 0.5 F they'd be
able to build 4,000 square feet. And that's 4,000 square feet of only enclosed space. So it doesn't count for open deck area. It doesn't count for anything outside. It's just the enclosed space. That's where the F is accounted for. So just so everybody has a quick
understanding of what floor area ratio is if it is implemented in the future. Somebody with an 8,000 foot lot and a 0.5 F could still build a 4,000 foot home at just of enclosed space. So if they're doing 5,900 square feet of coverage, as long
as just the enclosed space doesn't pass the 4,000 foot, they could still build that. I mean, by the code. Thank you very much. Appreciate that. Um, anybody else from the council? We're good. Yeah, I'm ready. All right. Are you ready to speak or you ready to vote?
Ready to talk. Ready? Okay. Go ahead. All right. So, um I as I said last time the planning and zoning meeting, I'm I'm astounded by the water feature, right? I just I love the idea of opening up the half of your house to just being open to
a pool, open to a waterfall. It just it it's a place that I would want to live. Now, this being said, uh I do hear a lot from the the neighbors here and we we have these what they're calling modern houses. And as you see the modern houses over and over again, there's the same
thing over and over again, which is the flat roofs. Um, my my own personal peeve is my house. I I have all 912 pitch in the very back section is a little flat roof that builds all the tree leaves and every month my wife and I rake and take
all the leaves off this roof because it's what happens here, you know, as we expand. Now, if this was, you know, a house flipping situation, I would be worried for the next owners, but this is the dream house that he wants to have. So, I appreciate that. This being said,
I I look at the the the area around there. It really doesn't match anything else. Honestly, it's a little nicer. But the thing be between that house and the other ones is the other houses all have pitch roofs. And I think we're having some kind of um definition problem here
where everyone is calling it boxy or calling it modern when it's just every time they say that and they're upset about it because it doesn't match what Portal is. It's it's a flat roof. Um this being said, I I think it's a beautiful beautiful architectural piece. Maybe you and I could talk later about doing something with my house, but I want to
copy the design of my house. This being said, um, is there anything at all that would be able to be changed with the proof roof pitch or is it just it has to happen in that way? I mean, the
overall architecture calls I mean just masonry modern architecture. Yeah. You know, is iconic for having its flat linear elements, you know, very, you know, mid-century modern style just flat roof. And it does, you know, there there are going to be some parapits. I mean, I understand the leaf concern, but the
foliage on the on the lot, I mean, that's not going to be a concern. Right now, it's a barren lot. We don't have a huge oak tree in there that's going to be shedding leaves on top. We're actually we're adding two oak trees to the site as part of our project. There's no there's like no trees on there's a
palm tree on the So, as far as concerns with leaves falling, that's that's not that's a non-issue for us. But yeah, it's not an issue at the moment, but as the mayor keeps putting 76 beautiful oak trees onto this beautiful village every year, eventually
they will hopefully Yeah. Yeah. And and and in regarding the the uh the other houses in the vicinity, I don't know if you I mean, of course, I know you've driven down 90 and um all of the houses are identical in that street. So there is when you say character and
every house has its feet. Every single house on that street is identical. They were all copied and pasted. It's like a developer went in and just completely cop in that street. I'm not talking about Elportal in general. So we're pioneering a little bit of change in the street at least. I'm just leaving it at
that. But it's very repetitive if you if you drive down. Absolutely right. And I did say that it was it will be a nicer change. just I think we're we're going to have to uh figure stuff out with our residents here to how we describe modern
verse boxy verse flat roofs versus everything else so we understand this because as this next month you heard we're actually changing parts of our building codes and what our residents want. Thank you. Thank you very much. Anybody else from the council?
Okay. Do I have a motion to approve uh resolution G6? Motion to approve. Motion by Council Person Winters. Do I have a second? Second. Second by Vice Mayor Martin. I'm accepting the staff report into the record. Madam clerk, may I please have a roll call? Roll call. Um,
Council Person Winters, yes. Council Person, yes. Vice Mayor Martin, yes. Mayor Nickerson, yes. Motion passes for Thank you very much. Thank you. Thank you for your time, everybody. Thank you. Take care. Have a nice day. G7 mayor resolution of the village
council of Alportell, Florida, granting site plan approval for new construction of a two-story residence at 178 Northwest 88th Street in zone 3 suburban residence in the village of Elpatau. An application by 88th Street Homes LLC providing for findings, providing for
appeal, providing for an effective date. Thank you very much. Appreciate that. Um while the clients are coming up uh for this particular item, Miss Hammonds, have there been any adjustments, changes, conditions? No,
there have not been any changes since the planning and zoning board approval. All right. Thank you very much. Um any initial uh comments or questions from the council? We are considering these separately, correct? Yes. Okay. Thank you very much.
Not hearing nothing from the council. We'll go out to the public. Hold on one second. While they set up, while they're setting up, we'll have our first person who wants to speak about this from the public come up.
Say your name, address for the record while they Colin Brown, 374 Northeast 85th Street. Um, I just I just want to say that I respect everything you uh you said, Darien, and and having common respect for uh people building their
dream homes in Elportal. I hear I hear you with that. And there's a point in which you keep your opinion to yourself, but I just I think I I think that there uh what I see is just the the style of of architecture that we are welcoming in
tonight is is profound. No, it's noted. I understand your concerns. And so at at at what point and how do you articulate your concern to try to impress the council in any capacity? And and I I
that's part of what's happening. I think you're doing that. I think you're doing it now. You've been doing it Yeah. consistently. We we definitely know. Yeah. Getting a lot of homes approved tonight. Yes. So it's it's it's concerning. We can we can talk
afterwards, but as far as your opportunity to lodge your complaints, I think this is the correct forum. We've had conversations. I think uh having conversations is a great way to start. It doesn't mean that the outcome is going to be what you want it to be. So
sometimes you have to divorce yourself from that, right? Will I ultimately get what I want? Do I have an opportunity to say what I want to say? Two different things. But I do think you're getting an opportunity to say what you want to say. And I want to impress upon you that I'm listening every single time. Every
single time. Um, and listening to everyone in this room and really taking time to think about what it is my position is and also communicating my position to you very clearly. I think the number one thing you can ask for is honesty. And I think I've always been
honest with you um, and will continue to be. But this is the correct form. Will you always get the result that you want? Sometimes not, sometimes so. And I'm only one out of five in the wheel of that. But hopefully you always feel heard by me. Thank
you. Anybody else from the council? I mean from the public for this particular property. Yeah. So, I'm Denise White again, 173 Northwest 88th Street. So, this would be in front of me, right? It's going it's
going to be in front of me. And at first, I was like, "Okay, cool." You know, whatever. And I like the fact that it's no longer twotory because it used to be twotory, right? So, I've been here ever since I was 12. 12. And I appreciate everybody who love or portal
but 12. Okay. Right. So as 12 I ran up and down the streets with Mr. Alvarez. You know I played ball you know um I had friends there or what have you. Now concern one is that quite possibly you know developers come in they build
something and then they just throw it and then they sell it real quick. We have community here and I think that's what everybody's talking about. I think they talking about the community of the situation and not that you're just going to dump a house, sell it real quick and
be out. Are you going to care about the fact that we've been here since 12? Oh, I want to know right now. Then on top of it, because I've been here since 12, he said every year it go up 3% 3% and we
building bigger houses and they humongous us and mine is just a little bit. You know, I want to be able to afford my house in 20 years because my mom, she's going to pass it to us and we going to still be in Elportal that whole time. But, you know,
okay, cool. No problem. Right. So, I am worried about the fact if it's $2 million and mine ain't $2 million. Excuse my English, not English. You know, I know there's a teacher in the room. She might spank me or something. Anyway, so I'm worried about that. And
then my neighbor on the side and on the side and in the back, Kaid Kad when it was two stories, she said she liked to walk around, you know, she don't want nobody peering over into a house. So, I like the fact that it went down. Thank you for that. Um, but will my neighbors
flood for that? I'm just all day. And if you build a house and you dump a whole bunch of concrete and then tomorrow and the man said they got to get it approved by the people from the city and the state. I get it. But be concerned about the people who
have been here since 12 because I don't want no water flooding where the water I we have never flooded. Elportal everybody flooded. Hayita flooded. Uh coral. Oh, they underwater. People driving. They got submarines now. Not
Elportal. We don't flood. If you do flood, I'm sorry. You should come over by my house. We don't flood ever. We don't ever flood by my house. So, if you're going to dump some concrete so you could sell this real quick and flood us out. Yeah. No, we
we're concerned. We're concerned. Well, I don't want I'm I'm even want to wear shoes, so I'm not the person to tell you your house got to look a certain way. But will the purpose and the way your house is built, will it bring in family
or will it bring in some people who just trying to sell some stuff? That's what we want to know. We want to know that our kids can play on the street and nobody going to run them over. Even though sometime I drive a little fast. I'm sorry y'all. I'm not I don't think we're here
to try and make anybody do anything. What we're saying is that we have a neighborhood because our houses are kind of old and people like it and families move in and we don't want no big blobby looking things that make some people who not going to stay move in. We want
people to stay. We want them to be invested so they don't run over our children. Amen. Thank you very much. Who's next from the public? Uh, my name is George Alvarez, 165 Northwest 88th Street. I'm one of the
people who will be uh who will live across from these developments. I'm not going to get into it too much. Um, but I would ask that for reasons of what I'm hoping are compromise and decency that
you table this application. Um, the mayor and I had a conversation in which we discovered a little bit of a communication lapse in terms of how I uh and a couple of my neighbors would like to speak to the developers. I'm going to
reiterate what I just said for a different property. I don't hate modern design and modern design is all the rage. Uh whether it's mid-century or whether it's uh kubasier uh whether it's you know uh the
modern that existed in the 1920s or the modern that exists now. Some of it's really sexy, some of it's more livable than other versions of it. But what I'm saying is the the the the
whole the right angle thing where one house exists next to another and it's such a stark difference not in just size or design but in terms of the social
reality without it around it. There are no other houses in Alpertell where there is a two or twoish car garage in the front with a long rectangle in the back. However sexy it
is, however useful it is, however livable it is, it is different. And ideas of privacy and ideas of taxation are real because when expensive houses sell in your neighborhood, yes,
your taxes go up presumably because your property value is also going up. But is your property value going up in every market? No. Certainly not in the market that we saw as of about two or three weeks ago. And that seems to be the
projection. And again, we live we are fortunate to live in a place that's about, you know, 9 to 15 feet above sea level. Our old houses built in the 1930s
or the 1940s or in some cases the 1950s, as lovely as they are, as much as we love them, what they are as developers dreams. So if we cannot find ways to create compromises
now we are doomed. Elertel will be different and unless you are as wealthy as council person er alluded to at the beginning of this meeting were you listening you are going to have a tough time you're not going to be able to optimize the value of your
homes. Go through the Miami Shores right now. There's some great moderns which use landscaping and have a sense of the demure I'm gonna say and they are modern houses. Open floor plans, lots of glass,
some concrete, some natural elements. There are other homes in Miami that are not that. They look like cyborg fortresses. You know what I'm saying? Attorney Geller lives in uh Bay Harbor. I think he sees some of the same thing.
No, no, there. You drive through it then. So, there are some better, there are some worse. This is our opportunity. And this is what I stressed to the mayor um earlier to all of you. This is the
night where we can choose to let things change unabated, unadulterated, without too much comment or concern. Or it's when we can set a precedent that honors houses as lovingly
as we honor them in Sherwood Forest over on the west side where we are sometimes little bit ghettoized as is the case in Alpertell. Now, for all you developers in the audience, don't worry. We'll be done
soon. These are real concerns. You may have shut your ears to me. You may have shut your ears to other people who spoke, but these residents are not going away. And if they go away, it's a problem. So, I'm hoping that you guys will
advocate for us and for a situation that allows people who I presume to know what they're doing to get together because if it is approved, they will have no incentive to get together with
us. where I used to live. In fact, when I talked I I I talked to the mayor a few months ago, I wanted to talk to him about what I could build, what was not going to completely offend my neighbors. Is I'd like to build a garage and I'd like it
to include some office space for me to use and some storage space. I might be looking for an architect. I don't know. But I went to the mayor to find out what could work with the neighborhood. Assuming that what could work with the
neighborhood was going to be advocated for in a consistent way by all the mechanisms of El Patrell, residents, council, administration, code, new code people, Corodino
group. Apparently that was not the case. That's okay. That's how we live here. So, we have to take it upon ourselves to advocate for the other residents. This is a property looks pretty cool in the
rendering. Oh, by by by by by the way, I don't know if you guys know this, but uh in what we were sent a week ago or last Friday, uh the two addresses are the correct addresses, presuming that they're the correct addresses, but both
plans were for the same house. So, I don't know if that was a scrivener's error or or or or or something, but we received uh 176 and 178, but it was both uh it was both the same plans, it looked like. And the
reason I'm asking is uh were there any changes specifically with this the where the septic went because I thought they were both in the front, now one's in the front, now's in the back. You guys can address that. I I I guess I'm sure it's a reasonable answer.
Um, I just think that I would like our council, and maybe I'm just being a little too optimistic here, to encourage a discourse between developers and residents
because these two houses, if they are charming, being put up together, what's to say that somebody doesn't buy a lot and put three houses that are identic identical or nearly identical together. And then we have sprawl development.
Sprawl development is built square foot by square foot and home by home. And it's built doubly fast when it's two houses by two houses and triply fast three houses by three houses. So because this is going to happen, because this is going to
happen, I'm asking that you guys help us come together so that we can find some satisfactory compromises as they have apparently done in the shores in some places at least. I'm going to leave it
at that. Hope you don't hate me too much. Thank you, mayor. Thank you, council. Thank you very much, Mr. Alvarez. Appreciate it. Anyone else from the public for this particular item? Anyone
else from the public? Oh, say your name, address for the record. Oh, Denise, 173 Northwest 88th Street, no shoes. So, I was over there talking to one of my neighbors. I'm getting to know people now that I'm coming to the meetings. And um she was like, "Oh,
you're bragging that uh you don't flood." I flood all the time. She says, "I flood all the time because we've allowed we've allowed I say we because I don't go to meetings. We've allowed people to build pools all around her." So now she
floods. My beautiful front neighbors got pools and on top of that her property says flooding. Okay. Should we take that into consideration? Could you raise the house up? Could you, you know, let it soak
down? That kind of thing. That's number one. Number two, when they're talking about allowing all kind of things, you know, different things and different designs and I'm for that. See, I want to put a bus on the side of my mom's house and I want to live in that. Is that
allowed by Elportal? Would that be aesthetically okay or not okay? That's what I really want to do. But I know my sister told me that you can't have wheels as an extra part of your house in Elportal. So they said no. They said no to me. I'm
disappointed. Sometimes we got to say no because we just don't want any and everything. And I'm not saying I'm I'm the last person to restrict. I want people to be as free as they want to be. But again, I want my neighborhood to
remain a neighborhood and not become a big city street. Amen. Thank you very much. Anybody else? Anyone else from the audience for this particular item? Okay, coming back to the council. Um, is
there anything you guys want to say real quick? um necessarily. I'll come to you if we have to. Let me go to the audience real quick and then I'll come back and I'll answer a couple of things. Uh I mean go to the council real quick. Anybody from the council questions, comments?
I'm curious to hear from uh the developer. Okay. Before I go to you all really quickly. Um so you know there's discussion about uh Albertal um you know being here since
being here since 12 years old you know no no no shoes only socks I see you sister um so there's a discussion about community and you know just the fear of developers coming in not having an investment into the community as far as like an emotional investment into the
community or historical investment through their emotion to the into the community and therefor for kind of like uh not having like that warm connection with the community. I think that's something that um you know that's something that's important. I think that uh there are different type of
developers though and I think that you can through the character of an individual see what type of developers are a certain way and which type aren't a certain way. Um they've been really really communication throughout. um they've
been really they've really come to the table and been open to um you know the things that we wanted or the questions that we had. I will say that uh for the record
as far as the flooding we did hear earlier about the um the storm retention plan and you know I think that's just something that we all need to kind of keep in mind moving forward because There are procedures that you have to go
through when these new site plans go up, you know, and these procedures that have to that that that individuals have to go through. Um, just understand these procedures are things where inspectors not only come out at
the very end to inspect finally, but they're inspect in inspections that go on throughout the process. All right. And so just kind of keep that in mind. As far as the pools uh causing the flooding, I don't know where the the
individual was living um whether the pools went all up went all around her and there was a lot of flooding calls. But a lot of times in, you know, in municipalities, it depends on where your house is located. If it's
located in like a flood zone, then when everybody shaking their head, all all the developers are still shaking their head. Yeah. If your if your if your um home is located in a flood zone, then if you do put a pool in, then the septic
tank and things like that have to be raised because you're in a flood zone. For example, everybody who drives on 86th Street west of North Miami Avenue, there's that one home that always has the water in front of it. If you ever
see, if you ever see when we have either a hurricane or hard storms, 86th Street west of North Miami Avenue and as you go even further west, Northwest 2nd Avenue and Northwest Third
Avenue, it gets really, really bad there. 88th Street is not that. Even 87th Street doesn't really even flood west of North Miami Avenue. All right. Um, there'll be some flood in
the nature trail a little bit maybe, but it's not like that. So, so just just to answer that question about the pools, both things might be true, but they don't coincide in that type of situation. All right. They don't coincide like that. Okay. The one thing
that I do have a question about sometimes is just making sure that, you know, the new septic tanks have enough room horizontally to be able to, you know, have the requirements that they need.
That's kind of a different story. As far as as far as the um the modern aesthetic and Mr. Alvarez and um the meeting with the developers. Understand what you're saying. I think that Vice Mayor Martin kind of touched on it when we're talking
about style of homes, you know, which I think that it's a legitimate thing that the the residents bring up as far as how do we want our community to look and how do we want our community to feel? Um but you know we
have to balance that with you know an individual might not like a certain home but it doesn't mean that that home is a bad home necessarily. And we have to kind of balance that sometimes um with also
thinking about the future and how we want our community to be in the future and what we want to maintain um as far as tradition and serenity and things like that. So that's just that. And the last thing, Alvarez, what what I mentioned before with the meeting with
developers, I hear you. I hear what you're saying. The only the only thing and I don't ne necessarily disagree with you. The only thing that I'm cautious about though is once people get to a point, and this not good
or bad, it's just it is what it is. But once individuals get to a point where they have their mind made up through an emotional sphere, they're not open to hear anything other than the words that will
match what they emotionally have made up in their mind. For example, quick example, last meeting you had individuals that were yelling from the audience saying, "You're not listening
to us. You're not listening to us." Where I was in the process of answering all the questions that were that had come up. So if I wasn't listening, how could I respond to the questions? But when people are
emotional, then they're not open to hear anything else. So if somebody's mind's made up where I'm against this and if it doesn't change to what I feel the vision is,
then I'm not going to be happy. then the meeting, no matter how long it is, would just be a waste of time. That's kind of how, for example, when the whole thing came up about the launch. And shout out to my
man Mr. Kobick in the back. Always a good resident. Love him. Love Mr. Co. his persistence. He's always kind, nice, polite, man of good character. But when it came down to Mr. Cobrig and the developers of the launch.
That's why at the end my whole thing was just kind of like we should probably just take it to court or deal with it because they were never going to see eye to eye. And so if you have your mind made up about a spec a particular thing and that's just
what it is, it doesn't matter. You can meet for 15 hours, you're going to be wasting your time. So that's the only thing that you know I'm really cautious about when it comes to the meeting. But uh hopefully for everything else those were the questions that came up with that. Um we'll now
hear from anything you guys have to say that uh Council President Urban said. Um I think first to to discuss the issue of community homes. These are built for families. These are this particular home that we are discussing right now is a
fourbedroom threeb home. approximately 20 2700 square feet living area. We are not overbuilding on on the site. Um the other thing I would like to say about community is you know we don't really consider ourselves developers. I'd like
to invite um someone from the audience who was sworn in up to speak. She was uh the original owner of the property and the original applicant who put this through 18 months ago in October of 2023. So she can tell you how this
project um came to be, how how we became how we were involved to help her build these two two homes. Good evening, Mayor Council and residents and neighbors. Actually, I apologize. I'm going to read because I get very emotional when it comes to
things and I'm not a very good speaker. So, please bear with me. Um, my name is Marilyn Brooks. My husband and I along with our family lived at 176 Northwest 88th Street for nearly 15 years. We purchased our property in
2005. I was drawn to the house and the area just because of the location on a quiet, familyfriendly, like Denise said, street. But I was also drawn to it because of the calming and the sense of peace that the property gave me. It
reminded me of my time when I lived in Ohio and it felt like the perfect place to raise a family. By the way, I have two sons, one's 23, one's 14. Um, my husband on the other hand, he was captivated by the amount of land. We had approximately, I think, 15,000 square
feet. Um, from the moment we moved in, he began to dream about building a second home on the property, something for my mother or the kids one day. He just had that in his head. He had done construction in Venezuela and felt confident that he could build it himself. Unfortunately, at the time, the
city codes didn't allow for that to happen because of the lot size requirements for building. Fast forward to 2019 when we discovered those requirements had changed. which I think they changed in 2017. The city confirmed in writing that we could now legally
separate the property and Miguel was ecstatic. We started envisioning envisioning envisioning different ways to make that happen. But as it often does, life throws us a curveball and for us it threw us multiple curve balls one
right at a time. Um, five years ago, my vibrant artistic mother, whose work adorns a lot of restaurants and spaces across Miami, had a heart attack. Two months after that, our youngest son, who was only nine, suffered a rump ruptured
appendix and uh spent nearly two weeks in the hospital. During that time, Miguel, my husband, had a routine colonoscopy, or so we thought. This revealed a cancerous tumor. While they were able to remove part of his colon, a
follow-up scan revealed something even more serious. A neuroindocrine tumor that had silently grown for over 15 years wrapped around his spleen and his pancreas. If it wasn't for that colonoscopy, he might not be here today.
The tumor was removed along with the spleen and his pancreas, and the recovery was long and painful. Our neighbors, Denise, George, can attest to how slow and painful that was.
They often saw him struggling to walk up and down the driveway with a walker. One day, he collapsed in the street and had to be helped by a neighbor. It was heartbreaking time. Our heart our kids were devastated to see their father, always present and involved, unable to
attend our games or outings. I was heartbroken watching him struggle just to get out of bed. And Miguel, he hurt because the dream he had had on held on to was starting to slip away. And then less than a year later, my mother had a stroke. She had been alone for nearly 24
hours. The stroke left her with full paralysis on her left side and significant cognitive decline. I was her only child. She was my children's last grandparent. Our lives were crumbling around us, but so was our home. Miguel
couldn't work. I worked on commission. We lived with a hole in our ceiling in our family room for months. Eventually, my mom passed away. Miguel and I started talking about selling the house. I could see defeat in his eyes.
He felt like he had lost everything, including the chance to fulfill his dream. And one afternoon during a conversation with a dear friend of over 30 years who's in the audience and her daughter over
here, we talked about these challenges. The house came up. My friend's husband is a contractor. Her daughter is great with financing and her daughter's best friend husband, he's an architect. We realized that together
they might not be that there might be still a way to bring my husband's dream to life. Even if it was not exactly how he imagined it, we partnered to build these homes. We didn't partner with a large developer, not to someone looking to
flip and overbuild or or take advantage of the community. We built we partnered with friends. We partnered with friends who we knew that they were going to treat this community with love and with the same care that we lived in it ourselves. I know
Denise's family and I know them very well. I'm sorry. They wanted to help me honor my husband's dream. I know some of our neighbors have concerns and I understand that some of them are technical and I believe that
we're here to answer those and I think in the other meetings which I've watched from home I think that a lot of those questions have been answered. Um a lot of them are emotional and I know that my comments today are emotional. I
simply want to be able to have my husband look at his children and say, "Listen, no matter what obstacles you have, you push through and you persevere. And it might not the end might not look like you thought it would, but this is a life lesson that he
wants to share with his children. So, I understand your concerns, but please understand this isn't a big developer. This is somebody who lovingly wants to honor the trees, landscaping, the the the vibrancy of El
Portoell. That's what we want, too. Thank you. Thank you. Appreciate it. You know, as the mayor attested and and Councilman Wilchers has mentioned in other meetings, we have been open. We have come, we have made
adjustments to roof plans to, you know, added additional landscape. We are 1,000% considering this neighborhood and the future families that will live in these homes um as as we put these plans through. Thank you very much. Um questions,
comments from the council. I have a few quick questions. So I'm going through the uh what was posted and Mr. Alzer is correct. you have uh both a sections here on the uh what was submitted from Elportal but I have seen
these obviously in the past the planning and zoning and I'm familiar with it but because some stuff is missing here I'm wondering do you have a um do you have a plan that shows where the septic tank on parcel B is going to go
parcel parcel A is the one we're talking about now well are we not talking about both right now separate votes. I I can I can show you a vote. Okay. nicely. It's not really a great spot for it. without
That's wonderful. Okay. Now, both our septics are as far as common goss. We're not having this side. something I wanted to point out and it's part of I love the fact that you're able to pull
that septic tank back to the side there. I think another point um go ahead. I think one one of the things the neighbors have said to us many times was that septic tank in the front yard possible hill obviously you're above elevation for you to have a
hill right so um this I think alleviates a lot of the thoughts and the the feelings with that whole issue because they're worried about flooding as you've heard go on so in reference to the septic tank as that's designed and engineered as we've heard many times today that will go through a review
process by city planners and the reviewers of the building departments to judge that it is according to code. There is no mound. Um if you look at the section once it gets through permitting I've been I've uh I've been able to have
a preview of the plans there is it is as close to great as it possibly can be. There is no mount. It is as close to great as it possibly can be. Okay. and and we have already conducted a um site evaluation by a master septic contractor
which we would need to include in our submission to the Florida Department of Environmental Protection for our septic permit that confirms no flooding, no 10-year flooding and below elevation. So that's already done of
course. So, uh, one last question here. Um, when do you guys plan to break ground? As soon as we get those permits. Thank you. We would love to move forward as quickly as possible. Anyone else from the council?
Um, yeah. So um I I remain with my primary uh concern which I've been very clear about in previous meetings and even speaking after uh the last meeting I believe my primary concern is that these two properties are sister
properties. That is my primary concern. So, um, as I said last time, um, you know, I I have my own personal objection to the outright cubism of the garage, but the but the house itself is
I mean, it reminds me of a 1970s uh home. Uh, I don't I don't find the design itself is not my issue. I'll just say I'll just say that the design itself is not my issue. My issue
is taking these properties together. And so I have a concern that the fates of both of these properties will be intertwined forever because of their relationship to each
other. So in the future you have one homeowner who is diligent with maintenance and another homeowner who's not. Then you end up with properties that look like they're supposed to be essentially maintained together. It it will become a thing that won't make sense any longer and you'll have
property values going in the other direction if you have simply one. Whereas if you had two completely unique properties and one becomes decrepit, well that one becomes the the uh the issue and the focus. My concern is that these properties fates will be
intertwined because of their relationship to each other. So I I I think I'm get I'll leave it at that. That is my concern. That is my concern. If I may respond. Um having driven up and down all the streets of Elportal
um and and my personal home where I live in Miami Dade um is the same. At some point in the 40s or 50s, there was a development on that street and every house also looked the same. And through the decades, because of maintenance or
change in preference and colors and roof styles, those have changed as well. How is that different in your mind with these two? Well, firstly, because they are expressly developed. I mean, I I keep using the phrase sister properties. if there's someone who could correct my
lingo if there's like, you know, an actual term for that. I mean, I'm just using a generic phraseiology here to describe the situation, but um but because they are I understand what you're saying. I understand what you're saying about that in ter like I'm not saying that this is
cookie cutter. That's that's not what I'm saying. What I'm saying is, as I talked about in a previous meeting, is is you're almost creating a a separate little subdivision of of these two properties in the middle of the block. And um and
so so it is unmistakable to pass. I mean, you you put the the things together, it's unmistakable. It's from the front of levation. They don't look so exactly
And you did make the changes to the garage on the parcel be and the roof and the landscaping materials. And the purpose of this action is to sell both of these properties to new homeowners. Is that correct? Correct. Okay. I wish I could
afford to live there, but no. Okay. So, thank you. Really quickly, so with the back to the septic thing, where's the drain field going to go? In which one? Both. Okay. And because these are larger properties, you need a
little larger drain field. So, just 400 ft. Okay. Mhm. Okay. So, the se the drain field's directly next to the pool. South the pool. Next to the pool. It has it has adequate distance from the water
body. Hopefully, the pool is sealed. And the other one. The other one. We can make it in the backyard. So we can preserve the tree. Yeah. And the square footage
400. Okay. Okay. Thank you. Anybody else from the council hearing? None. Um, all right. So you guys, so uh we have various options here. Um,
this is for parcel A only. This is resolution G7. Um, do I have a motion to approve? Motion to approve. Motion by Council Person Winters. Do I have a second?
A second. Second by Vice Mayor Martin. This is for Parcel A G7. Madam Clerk, can I please have a roll call, please? Roll call. Council person Winters. Yes. Council person Bomb. No. Vice Mayor Martin. Yes. Mayor
Nickerson. Yes. Motion passes three to one. Item G8, Mayor. Resolution of the Village Council of El Patal, Florida, granting site plan approval for new construction to the twotory residence at 176 Northwest 88th Street in zone 3 suburban residence in
the village of El Patel. An application by 88 Street Homes LLC for running for findings, for running for conditions, for running for appeal appeal, providing for an effective date. All right. Thank you very much. Um I believe that resolution G8 uh because of the clerical
era of this the uh supplement supplementing documents. What? Yeah. I believe that uh G8 my recommendation would that it would have to be tabled um because the uh the
the the supplemental documents for um for parcel B shows parcel A which is the issue. Oh, okay. Yeah, I wasn't aware of that, but again, it was
approved. It's the same exact um plan that was approved by the planning board. I understand. My only Yeah. Uh yeah. No, it's different. It's a different building. So,
um, yeah. So, it's just, uh, it's it's different. Um, so my suggestion would just be, uh, that we have to defer it. Yeah. As the clerk just said, yeah, we have to defer because the doc the supplemental documents don't match what we're
actually voting on as far as the um resolution. Now, what I think would be unfair is because it would have to come back next uh council meeting and this is something that you know it's an administrative thing so it would be handled behind closed doors,
madam manager. But I think it would be what I do think would be unfair is that because it wasn't the developers fault that um that they would have to pay for the advertisement again. I think that should come from a different place. Um
and not necessar not necessarily El Patel. Mayor readvertising is not necessary if you postpone to a date certain. If you just
say postpone, then yes, there does have to be readvertising. But if you postpone to a date certain, it's not required. I'm not suggesting by that what the council should do whether you the planner is better able to
explain what was submitted what was considered previously etc. So, I'm not suggesting that you do postpone. I'm simply pointing out that if that's an option you take. If you
specify the date, that means it does not have to be readvertised as a matter of law. Yeah. I mean, it would be the next council meeting um which would be May 27th. It would have to be the next council meeting, which is May 27th. If
you if that's part of the motion to defer to that date, it would not have to be readvertised. Again, I'm not saying that's what you should do, ought to do, or have to do. That's up to you. Yeah. May I ask a question? Yes. Could this be
one of those situations where we can provide a condition as you had might have suggested earlier to point towards perhaps the agenda, the previous agenda which was approved with the planning and zoning committee? the supplemental document. Attorney Geller can answer
that, but I don't believe so. Only I would say no. Only because um not only is this the hearing, but this is the meeting where that was advertised um that we're voting on. Attorney Ger, but you can. Mayor, your direction I'm happy
to answer. I want to be clear that it's I answer questions that come from the mayor and council and in this case you've directed but can you I'm not sure if I completely understand what the issue is. May I ask the planner to see
if she can explain to me what the concern is and then I can answer that question fully. Um it's my understanding from what I've heard tonight that um the backup documents such as the site plan and the elevations and reports um were duplicated. Um as you remember these
were these were two lots that were originally had the same address. They were parcel A and B. Somehow we got uploaded it. We it's they gave us all the right information. Yeah. Somehow between them getting it to us and and us
getting it onto the web, um there was a duplication and the correct backup didn't come for the parcel this the second parcel for tonight. Correct. But it was correct at planning and zoning board. So when it was approved at PNZ,
the documents were accurate. Correct. Um Well, mayor, I can say that I don't think that it's definitive either way. It's not a clearcut issue, but if the documents
were a properly submitted and considered at P&Z and b submitted accurately by the applicants, I would think it is
again what you do is your choice but as to what is permitted legally I would think that in the absence
of any other factors that might bear on it that as a matter of law the kind of solution that the vice mayor applied
previously in setting a condition could be incorporated if the motion was not only to approve with a condition but to amend the motion itself to say
that the approval is specifically based on those documents considered at the PNZ meeting and presented by the applicant
absent the scrivener's error. Now, you certainly are not required to do that and the decision that the council would have to make would be based on whether or not
there was any prejudice to anyone because of the scriveners's error. If the council determines that because of the scrivener's error that it's uh confusing to the public and that there
is I mean actual confusion has occurred then you should not take that route you should defer but if your decision is that you don't believe there's any actual
confusion based on the previous public hearing. Then you are permitted but not required to employ the alternate solution that the vice mayor used in
attaching a condition but also amending the motion itself to specify that it's based on the documents considered at the previous public hearing and submitted by the applicant notwithstanding the scrivener's error. That's the best answer I think I can give you. Thank you
very much, Attorney Geller. I appreciate that. Um, this is what I would say. I would say that I understand what you're saying. But I think that this is a little bit different from just a normal condition, right? Because a normal
condition is, you know, we have the documents in front of us, but then there's a condition associated with the documents in front of us that we're putting on the motion, right? The problem is, and that's a correct statement, mayor. Let me just say you're
100% correct in that. And that's why simply attaching a condition as you did to the other one would be insufficient. You'd have to actually amend the motion to approve as well to specify which documents it was that was being approved because your statement is 100% correct.
No, I appreciate that, Attorney Geller. And and then you know secondly considering what you you were just saying I just know don't know how easy I feel about opening up that precedent because now you're talking
about does it just go back one meeting and where does it say that it can just go back one meeting like can somebody say from three meetings ago that they want to accept something from back then to add or in an addition
to or something like that. So, it's just kind of like a slippery slope. We've never done that before and and and therefore I I don't know if I'm ready to start that now, but I'll open it up and hear from the council. Uh I would have an issue with notice on this. I think the reason why we send out those agendas
is so that everyone has a really good opportunity to look and feel at what it is we're talking about. So, for us to then just kind of try to throw it back to four weeks. I have two small kids. I can't remember what happened yesterday. So, for us to try to jog everyone's
memory about what happened six weeks ago, I think that's a bit of a stretch. Um although it is definitely a time suck and I apologize. It shouldn't happen that way. But because it wasn't included in the document, I would have a tremendous issue with notice. I think it
would be best for us to just pump our brakes here. um eat whatever cost is associated, but I do think that the residents need to actually see what it is that parcel B looks like, have an opportunity to look at it, uh talk to
their neighbors about it, and then come back and have an educated discussion with us on it. So, for me, I would not be able to to um do the gymnastics necessary to get it approved tonight. I think it's best that we defer
Anybody else from the council? So I move to defer this item until the next uh council meeting. We have a motion to defer the item until this is resolution um G8 parcel B. Mayor is the
motion to defer to Caner tell me the date of the next council meeting. Vice Mayor say again please. I would like to defer the item to the next council meeting which will occur on May 27th of 2025. At 7 p.m. At 7 p.m. on the dot.
Thank you, ma'am. Vice uh do I have a motion? Do I have a second? You I'll second. Uh who was that? Uh was that council person? I have a second by council person. Any more discussion from the council? Any discussion overall from
anyone? Madam clerk, can I please have a roll call? Roll call. Council person Winters. Yes. Council person? Yes. Vice Mayor Martin? Yes. Mayor Nickerson? Yes. Motion passes. Fine. Thank you very much. Appreciate it. Sorry about that you guys, but we won't let you we won't
make you pay for the advertising again. Um, and just for the record, mayor, to be clear, because it's to a date certain, it does not require readadvertising, but that is not the same as saying that the village will not make every effort to be
sure that everyone is aware that the item is coming back up when it posts the agenda, etc. So, item G9, I believe, is there. Yes. Okay. Um G9, a resolution of the village council of Alpertell, Florida, granting site plan approval for
the new construction of a two-story residence at 8750 Northeast 4th Avenue Road, Sanctuary Arbor, lot 13 in zone 3, a suburban residence in the village of Alpert, an application by Sanctuary
Venture LLC, providing for findings, providing for appeal, providing for an effective date. Thank you very much. Appreciate that. Um, Miss Hammonds, do we have uh any changes to
this? What's this lot 13? Do we have any changes, adjustments, conditions? We do not. This is what was approved at the planning and zoning board meeting. Thank you very much. Before I go to the public, does the council have any initial comments or questions? Uh last month I asked for a revised
arborous report of for the trees moving so you could prove the percentage of survival rate. Did you provide that? You asked for a report with from the arborist with the survival rate the percentage we asked for well that's
provided by Miami date they counted dur if we basically on our three application are following their guidelines on the application for the three relocation so there's no way I can get an arborist to generate uh to generate such report I don't think
that's True. You're You're transplanting three oak trees, right? Yes. Um when we spoke about the percentage of survivability of them, I asked you for the proof from the arborist and I expected like like an arborist report
explaining the new change because the original arburous report that you gave did not talk about transplanting all three trees. It talked about taking them down and transplanting one or two of them. So I'm I'm just trying to get to correct you. We are relocating three
trees. Correct. Okay. And we the arborist and not only the arborist but the tree company hired to do the tree relocations are following the derm guidelines and the the guidelines use or
whatever they use to follow their license as arborist and tree certified tree relocators. I'm sorry to make myself more clear, but when on the record I asked you for that percentage and we were not happy with the 40% that
was given. We talked about getting a a new paperwork which is obviously arborist related. Yeah. But there's no way I can get can I can get such we can we can research it together and see what the what the books said or Miami Durham
says but the trees are being relocated no matter but one second Mr. winters. The trees are being relocated because we're following Miami Durham guidelines and they approved, you know, we're in the process to do that. So, I
don't know how that changed or sip approval uh the or the process here in if we're following the code as specified.
So, um I really um a little surprised honestly because I was expecting these a certified arborist can give you these percentages. When I brought an arborist out to your property, I was given percentages as well. But this is something that is a very big deal to the
residents. Correct. And I've heard it many many times and I need to be able to reassure them. In order for me to vote yes on this, I need this from you. Yeah. But the I I could say 10%. Is that that that okay? Because it
it's just an opinion. Yeah. It could be 20%, it could be 10 5% if all the procedures allowed by the code are followed and we're h what I can tell to you and give you assurance not only to you but
everybody all the members here is that we hire the best company to do this and we're doing it because we want to preserve the trees. So the code allowed us for two options. We replace the canopy or we relocate the
trees. We selected the leaders and it's the most expensive one. Why? Because we want to maintain the trees. But we also want to use our right to develop the
property. Any person has this right. If you for example has a have a house and you want to expand because your family is growing, you want to add to that. But guess what? The only way you can expand is where the tree is. So you have that option. You can either
replace the canopy or you can plant new trees. But you want to be able to exercise your legal right of develop that property. We already have setbacks. We're complying with all the setbacks. But to give you an assurance of that
here on record, that's for Miami Dur Durm who approves the permit I think to come here and and kind of do a charet with with the with the citizen explains what what the procedures are. I don't think you following uh when we talked and I asked for the percentage we we
need to get an arbor report a certified harbor report. So he's going to say in 3 to 6 months properly prune the root ball on this half and 6 months later properly do it on this half. Then we're going to trim the trees at this portion. You need to have a plan to remove trees this big.
And then that wait let me finish. Then the plan has to also state how long it's going to take of watering the tree. It could take two years for us to do the transplant where they actually take root. We need to have this in a plan. Without this plan, we can't just go by
your 10%, 20%, 50%. We need to have someone who's certified because I'm not an arborist. I don't Are you an arborist? Is anyone here an arborist? All right. Just wait one second. So, this is my thing. I I want to work with you. Y, but
without this thing, I can't vote yesterday. I would rather defer it and get that report to prove that everything you're doing is correct so that our bases are covered than vote no for you today. If you want we can provide you with the
D tree permit and their their specifications are in this application. Again, I need to know the plan that the arbur is taking. The the timeline is not the arbur. It's the it's the three the tree certification that the three certified that is applying and
following Miami DM's guidelines. Okay. And we're follow we're following all the procedures. We can I can I can provide you with DURM but I don't see because we have we are we have we are
with Miami D pulling this permit and we're following the code. I don't know what that does to the approval the site approval because we're what I'm doing being here is not questioning of you allow me or not to
relocate the trees. We are providing cyclone approvals for both houses. The the trees are going to be relocated no matter what in two months because Miami Durham is giving us the permit to do so. Well, that's you're not approve. You're not approving is not going to change
that fast. You can't move a tree in two months that large. Two or three trees. Whatever derm approved, you have to cut the root ball in half and wait whatever amount of months, whatever is the proper procedure. Whatever the proper procedure is is going to is being followed. And I
just want to state that on the record that whatever procedure is being approved by Miami Durham and followed by the certified professionals to make sure that tree survives is what we are going to do. It doesn't stop the fact that I
still only have an arburish report from before you decided to move these trees. So I need one afterwards to show exactly where they're going, how they're going to be moved, how they're going to be taken care of, how they be watered after that for the next year so that they do not die. because you might move the trees and they could die here. I want to make sure that they're watered as well.
What I can do is provide you with the derm permit. That's not what I asked for. But that's that's what I can provide you. Okay. Because the the person we have a cert we hire a certified arborist to come and inspect and measure
every tree. That arbor is not relocating the company. What what what's relocating the tree is a tree mover company who is certified to do this and using the arborist report but one is not going to say if the procedures that the
professional is going to do and give me a report for that for another person third person to do to do the work. So you you you asking me for something that I literally cannot provide. Um, anybody else from the council?
All right, let's go out to the uh to the public. Anybody from the public for this particular um lot 13? Just say your name and address for the record. Hi there, Colin Brown. Uh 374 Northeast 85th Street. Um,
I just wanted to explain that there are methods of transplanting trees, both uh the methods of watering it, the way it's root pruned. A lot of trees, if they're not transplanted by somebody who's certified, they won't uh create a root
ball that's big enough for the size of the tree. And what Charlie asked for, I think maybe six times, and which you gave him the same answer to multiple times, was how can we as a village ensure that somebody who's qualified is
moving those trees? That's it. And so when you say the same thing six times, just for reference, I'm a resident. I'm talking to Charlie. I'm asking about the trees. I'm a landscape architect. I know the
process. So when I hear you say the same thing to him six times and he's left with his hands in the air, can you can you verify that you understand what's being asked of you?
Okay, hold on. Hold on. I understand. Oh, wait, wait, wait, wait, wait. So there's a statement of decorum for council meetings. All right? So you shouldn't talk down to somebody. You guys don't like belittle somebody.
Okay? Like do you understand? Like don't do that to people. Okay? There's a statement of the quorum and you know let's always be nice and respectful. And again, I go back to the example. Um, no matter how heated it got, um, Scott Cobb
doing very heated back and forth during the launch was always very kind and nice and respectful. Okay. Yes, that was Yeah. Yes. Yes.
Yes. So, what can I say instead of asking him if he understands? What would be a nicer way of doing that? Yeah. So, what you said when you when you were stating your original point of um Council Person Winters, you know, asked you six times for, you know, the same
question and you didn't give him an answer even though he asked you six times. Um, can you please provide that answer? If not, can you inform Council Person Winters that you don't know that answer? Okay. Yeah, there you go. Okay. Thank you.
Anybody else? Hey, Kevin Marorrow, uh, 320 Northeast 88th Street. Um, my one question, is there any precedent for this, uh, tree removal in the village that we can, uh, look to in terms of um, is this the
first time we're moving trees? Yeah, the precedent is that developers typically just remove trees that are in the way and replant new canopy with new uh uh organisms. Um and so in the planning and zoning committee, uh I think part of
the reason his answer is consistent six times in a row is because his answer just hasn't changed. He's using a certified tree relocation service who will be following all of those protocols. The issue right now is I believe council person Winters is
looking for a greater guarantee than has already been stated as to what the survivability rate of all three of those trees will be. So what's happening right now is a developer is basically going out of pocket because this is far more
expensive to relocate than to replace. There is no impetus there that requires him to relocate anything. He's well within his right to just do full removal and full replacement with new species. Doesn't even have to be the same species, but you know there is an issue
of canopy, right? So he would be required to replace some canopy but not required to replace with a similar species or even age of a tree. So they're taking it upon the developer is in fact taking it upon himself to incur extra cost and risk because there is the
risk of the tree location failing and the tree dying. This is what we're talking about is is is uh the concern for the trees themselves. These are old growth uh oak that we're talking about or older uh oak at least. Um and so uh
the developer has established without doubt that the location service the relocation service that he's using are absolutely certified to do this. it's in their everybody's best interest that the trees
survive and that the 40% survivability rate actually comes from the county. And what the developer is saying is that is that there is no there is no venue on earth where a relocation service is
going to offer something that resembles a guarantee because there are no guarantees. So across the board in the county's database and their data that they have access to, they see 40% as a survival
rate. One of the things we discussed in the P&Z meeting was the fact that these trees are not leaving this property. So they ha they should have a better than average chance, average being 40%. They should have a better than average chance
for two reasons. one, they're going to be transplanted essentially into the same chemical chemistry soil. The soil is not going to be radically different. Uh the soil will be different. I mean, because the tree has created its own ecosystem, the soil will be different,
but it's not going to be radically different where if you move it to a whole different lot or miles away and all of that stuff. The second reason these trees have a better than average chance of survival is that the canopy will not have to be trimmed as greatly as if they had to be prepped for loading
onto a flatbed truck and transportation. So the fact that the canopy will not have to be so extremely uh you know reduced to accommodate flatbed transportation in addition to the fact that the soil on the lot should
be similar. We're establishing not identical because the tree has to create its own e ecosystem once it gets planted which is the time frames that we're talking about in terms of allowing that root ball to basically be removed in a healthful way then transplanted in a
healthful way then cared for in a healthful way and that process needs diligence maintenance and time. So that's I believe council person winner's primary concern is is do we have everybody in place to take care is everybody on board to take care of these
trees long term as opposed to we moved them by right and then the second concern becomes uh okay great are they going to survive so that's the discussion here and so um the developer has said consistently you're not going
to get a guarantee on survival I mean I guarantee you the developer wants that guarantee the developer is not looking to pour, you know, good money after bad, right? So, uh or yeah, I think that's the same. And so, um and so that's where we're at. We want to know that these
trees that uh that are perfectly there's some debate about whether they're perfectly healthy, but these trees that are healthy right now, uh that's the concern. So, we're going to traumatize them. They're going to move them. He's saying he's already applying for permits. whether he builds on the
property or not, they've already made the decision to relocate these trees just on the lot just as is. Forget development. So, what he's saying is the tree. That's what he's he's not being challenging, I don't think, to the council person. He's just establishing I'm already applying for these permits
and we're going to move these trees. And the concern from the residents and the council is uh what's our is everybody on is everybody on the same page with the highest chance of success because it's not just the council, it's not just the residents, but it is in fact the
property owner as well. Who would like this to be successful because otherwise what are we doing here? So, so it's right now we're having a discussion of what kind of guarantees can people offer? Mick. Yes. Go ahead. Um, and uh, I may need some help from the planner on this.
I I don't have the day county tree ordinance in front of me, but by recollection, and Miss Hammonds, please correct me if I'm wrong, but my my recollection is that when you choose to
relocate a tree, if the tree does not survive, you are then obligated to do the replacement that you were allowed to undertake instead of relocation. If the relocation fails, I
believe you're then obligated to do the replacement that was your other alternative. Is that your understanding? I would agree. Yes. Yeah. So the only point I make is that it may be an unsuccessful relocation, but that does
not allow a developer to evade the responsibility to make sure that there is some adequate according to the county ordinance replacement if the relocation fails. I
hope that's helpful. Thank you very much, Attorney Geller. Um, we were at the public, right? So, you're next. Yeah, I was I was going to say thank you for the explanation. Thank you for doing it. Appreciate that. And then I just had one other quick followup. Um,
the 40 the if it fails and you go with the Thank you for the clarification. That was my follow-up question. If it if it does fail though and you do have to go to replacement, uh I guess just in general, what percentage of canopy actually gets
replaced? Just for my own edification, one for one. Okay. Okay. I I'm not certain of that without the ordinance in front of me, but the county tree ordinance is I can just tell you it's a pretty strict ordinance,
but I I without it in front of me, I can't answer you directly and I don't know that Miss Hammonds could either. All right. Thanks. I will say I Hello. Yeah, just real quick. I will say for the public's benefit a lot of times when we're talking we we do talk about
canopy we do measure canopy but then also uh uh thickness of the trunk is also so I think that's part of also why the attorney is reluctant to say oh yes you know one to one on canopy because there's probably language in there that references diameter of the trunk so you might be able to get away with less
canopy but the diameter of the trunk is the same meaning the tree size is I in theory similar so but again yeah you're And yeah, and it may be Councilman that it's like how much canopy when you first install the replacement,
but how long will it take it to spread if it's a healthy new tree with the same diameter or similar diameter trunk before you know is it a canopy that will occur in six months? Is it canopy that'll match in 12 months? So the short
answer is there's lawyers involved. Yeah, Mr. Le. Oh, hi. Yeah, Marcus Leone, 456 Northeast 88th Street. Um, so I live right behind this one. And so last time
when I was here for my first PNZ, it looked like there was going to be three new homes built on the property, I must have missed the planning and zoning. Yeah, they've uh they're going to maintain the structure that exists there now, right? They've decided that the bones are good and they have something
that they can uh remodel and modernize. um as far as you know uh update I should say. Um and then uh that leaves them still with the other two lots that they intend to develop which is one lot 13 and 14 which we're discussing tonight.
So they did they did pair back their original uh uh plan to build three new structures. They are now building two and then uh looking to preserve the existing structure that's there right now. Okay. Well, I mean my comment then is like I'm going to be looking at this thing every day. I happen to like it
decently. It's it it looks pretty good. But uh a lot of the questions I had actually the attorney just answered related to the tree and replacement. So I mean I've been around construction my whole life. So if they do move that tree, there is some sort of ordinance in
place for the replacement. There is a county tree ordinance, very strict one, right? If you elect, you can elect to replace or relocate. But if you elect to relocate, my understanding, again, it's not in front of me, but that's why I checked with the planner. My
recollection, my understanding is if you elect to relocate and the tree dies, that doesn't mean, well, I tried. It means now you have to go ahead and do the replacement that was your other alternative originally. You don't just
get to say, hey, I tried the tree diet. you still have to go back and make sure that you do what is considered an adequate replacement under the county tree ordinance. I just don't have the answer to the gentleman's question as to what if it's, you know, I don't think
it's 100% of canopy originally because the idea is that it's going to grow. Yeah, I it's it's Yeah, it's important. I mean, I walk that corner every day. I happen to think that this lot needs to be built on. I think it's a lot of dead
space, but I love the trees and uh I think that the the tree coverage is very important. So, if there's some sort I mean there's nothing guaranteed, right? It sounds like and I know the relocation part is more the option is more expensive than probably any other option. Um, you know, I would like to
see the aesthetic of that area, you know, maintained. I I I love the look of this. You not 100% but I I think it looks pretty good. I like all the foliage. I mean, do you intend to build, again, I'm going to be looking at this out the back of my house every day. Um,
do you intend to actually put all of that foliage in on the second story and and shrubbery? And the tree that I saw in the the handout behind uh the house that will go in. Okay. Is that new or was that another
So, you're relocating it to behind the house close to the back of the house. close close to the back of this house. Okay. Because that could overhang in the back of my property.
But it will be similar to the one that exists next. Not that I I mean there is just like physical ramifications potentially of the tree and it's like you know any any tree look at Mr. Winter's property. That's actually one of the largest
disputes in the village. Like uh if you come across any long running neighbor feuds in the village. Almost every single one of them has to do with overhanging trees or or invasive root systems. Yeah, I have a I have some beef with my neighbor's mango tree, but that's not for here. Uh yeah. Okay.
Well, I mean, I guess it's not perfect, but I'd be definitely be more curious to see as you're building how that actually plays out since it's so close to my property then because that not that I disagree with it, but I do think it pro presents
some real concerns then. So, they build your property. It's kind of a new property. Oh, no. Mine mine's old. It's we've just been we added on to it. Yeah. But it was developed at some point in time. Sure thing is like as you can see
we're far behind like we're 25 30 feet away from you the rear of your property. Sir I apologize for interrupting but because we do keep a record when you're speaking you should speak into the microphone so you can be heard even though that means displacing.
Thank you. The part the the part or the back of the house is is about 30 feet from the rear property. So, we're not in the tree. Yeah. And the trees in the tree is going to be the tree is going to be in the middle but closer to the
house. Okay. Or not. Okay. Okay. All right. I mean, I think it actually adds privacy for me, which I don't necessarily think it's a bad thing. I I I couldn't tell when I looked at that uh plan that they showed me if it was like abudding the property line, which the
roots and all sorts of things could be a concern if that was the case. But if that's not the case, then I just need to look at it again. But um I'm glad you clarified it. And Marcus, I want to add that part of Miami Day Durham requirements is a bond. So let's say the
tree dies, then we're forced to replace the canopy. Let's say we don't replace the canopy. The bond is an insurance and the county will step in, use that bond, use the bond money that we pay as an insurance to replace the canopy. Okay.
I to the best I'm able to understand trees and arborists. Thanks. I appreciate the answer. Thank you very much, Mi. Sav Marizardi. I'm the Egyptian neighbor in 476 Northeast 87
Street. I'm just very surprised. I was never notified of this. I had to find out in the last couple of days. I'm going to have this next to my house. I'm very worried about my privacy, the canopy, and the
flooding. I think we need to to discuss how how these things happen because, you know, it's not very nice that you find uh something like this from one day to another. Uh, Alexi Fernandez, 374 Northeast 85th
Street. Um, I was looking at the um addendum items and I noticed that the lot size is around 5,700 square ft. Um, and I just want to double check that I'm correct on that
and what the square footage is of the house. Um, and I'm wondering how the square footage is being calculated with the lot coverage. I This is I think the first house in Elportell that will have an overhang in the second story. I don't
recall any houses in Elportal um having this sort of design. And this also calls into question the congruence with the rest of the neighborhood. But um codewise, I just question if we have the
knowledge and we are um making an informed decision of how the um the uh the square footage is being calculated in percentage with the lot size and given that there's going to be two other um homes being built on a on
in an area that right now is um just greenery. Thank you. Alexandra Basa, 120 Northwest 36 Street. Um my question is kind of related to um the former one, the previous one and uh
is um actually touching a point that they made in a in a review before where the obviously the building on the second floor is a lot bigger than what is the
actual footprint. So I believe that that should be taken into account. You know, you can just say this is under the 40% coverage when you if you see the floor plan versus the lot size is covering a
lot more than that in my opinion. That's Thank you, Denise. 173 Northwest 88th Street. So, first of all, I'm so sorry I had to come up here and give you a hard time, too, because my friend Marilyn, she's in the in the in in the audience, and she might
think that I'm just giving her developers a hard time. No, no, no, Marilyn. I am worried about flooding. Now, this is humongous. That is really, really big. Um, did everybody did did did we do the ratio? Did we find out if it fit in there? That's number one. Number two, besides the ratio and
whether it fit in there, let's talk about flooding, okay? because that's really big and I think that would look better in Winwood, right? And I just it would that's a Winwood house. Now again, I don't want to stop anybody from being
creative. It is very very beautiful. And if I was going to Winwood, I would want that house, but I'm in Elportal, so that's an issue. And I've been here since how long? 12 years old. Don't forget that. Okay. But I really these meetings are really long,
guys. like this is a really long meeting and they said trees like 50 times. So I wanted to strangle somebody and I know this is very important and this man want to get his building built and stuff like that but again my neighborhood I hope somebody who moves in here is going to
care about our neighborhood. I really really hope that and again his neighbor that's behind him I hope you don't get flooded. Amen. Thank you. I was like sitting by the vents. Hi guys. Uh Adam Simon 360 Northeast 85th
Street. So I had a question for um Urban. What's it? Anders Urban. Yeah. Um one of the things you said uh with this house, and it's a beautiful house, by the way. Um was that he had two choices.
One was to replant the trees or just cut them down. and he chose to replant them. If he is that what I heard? If he cut them down, he So, if he cut them down, he would just be getting new specimens
to plant as opposed to who manages those new specimens as far as manage. Yeah. Like if he wants to put in little tiny, you know, uh cat palms like who manages if you're cutting down oaks, which again there's two options.
You move the oaks or you chop them down. I've lived here since 2012. I didn't realize that I could just cut my oak trees down. No sir, you can't. But I can if I replace them with canopy, right? But there has to the the the specifications in the it's a county
ordinance that applies throughout the county. They they supersede um most local ordinances unless you have something that's more intense. But who manages that? the I'm trying to answer um the specifications first of all on
what you can do to replace are I I mean it's a very thick ordinance the what kind of tree it doesn't have to be the same species but what kind of tree you can substitute and what kind of
canopy it has and how many um inches of diameter it has and how tall the tree is thick and and how much it's expected to grow and over what period of time. Those are all specified very strictly in the ordinance. And as you
heard correctly from the developer, if you choose either option, if you choose to relocate or to replace, you've got to post a bond and the county inspects.
They follow that up to see if there's going to be now they work in conjunction with village staff as well. But if the relocation for instance fails, the person is indeed obligated to
then do a replacement. and failing that if it's not done or it's not done right or it's not done in some reasonable time frame, the county will step in, forfeit that bond so it's not at the public's expense and use that and
itself through its own system install replacement and there is active monitoring. Now again I don't have it in front of me. I can't tell you whether they monitor it monitor it for six months or for a year or for three years.
I'm not certain of that. Again, I don't know if Miss Hammonds happens to know the answer to that, but no, I don't know how long they monitor, but that's specified in there, too. And there is some continuous period. I mean, probably tomorrow I could find out, you know,
exactly how long the monitoring is because it it's not necessarily just what's in the ordinance. There are rules that implement or laws like that and it's it may be you know in protocols or rules but who monitors it essentially is the
people who hold the bond which is the county. There is monitoring. It's not you you can't just stick in some little st sapling because that won't even qualify under the ordinance. I mean this is this is a very strict ordinance. But it's not it's what you're saying is it's
not oak for oak. Like if he took if he chopped down a a 60-year-old oak tree, it's 80-y old oak tree and replaced it with a palm tree. As long as you can't do that. I can tell you right now, you can't replace an oak with a palm. There are some requirement if it was, you
know, maybe a black olive or maybe something else. But no, you can't put a palm. It's not up to you. It's what the ordinance allows. And it's very strict. It is not just whatever you feel like where you can say, "Hey, I'm going to
put it because palm trees don't provide canopy really." So no, that's not acceptable. I know that under the ordinance that they're very strict. It it's not mandatory that it is the same species if it, you know, you may be able
to do a royal poinsiiana, but no, not a palm tree. and and there are rules, okay, what works and what's permitted and what's not and you must comply with the county ordinance and and and they have
arborists and and who monitors it for whatever that period is. Is the county sometimes working in cooperation with the city? And do you does anybody know the potential? I think Charlie's question was a good question. I don't know if you can anybody would be able to
say, "Oh, there's a 60% chance of life." But do we know does anybody know like what the success rate could be on taking an oak tree that might be 100 years old and moving it? Depends. By the way, even if it's not a healthy tree, you still
you may have the right to take it down, but you still have to replace. The answer to your question honestly is what it could be because what they're going to give you is some countywide
average which as Councilman Urban correctly points out isn't really necessarily applicable to this circumstance because you know there is a big difference if you're you know in a 10acre lot and you're moving something
to some corner That's different than in a small area like this where you're not, you know, loading it, as the councilman correctly said, you're not loading it on a flatbed and hoping it doesn't get too much damaged on the way. You're moving it to the same kind of soil in the same
area. So, yes, they could give you some estimate, but the truth is that's, you know, like a Ouija board. It really doesn't predict. Now, you may be able from a good relocation expert if that's,
you know, what we're being told is being used here. I have no reason to question that. But if it's somebody who's very qualified and has a lot of experience and knows what they're doing, maybe they can give you a better estimate of the
chances of survival than what you would get from the county. But the fact is in some sense it's always 5050 because it's either gonna make it or it's not. But the main point is under the ordinance you can't get away
with not giving it your best shot. If you did that, you'd be wasting a lot of money. Yeah. Trying to move it and keep it alive and still find yourself having to do the other alternative that you could have done from the beginning. So
you got to you're kind of betting that it's going to work or you're making a a big financial mistake. Yeah. All right. Thank you. All right. Thank you very much. So um per our charter, if we go after 11 o'clock, we have to make a
motion to continue to um have the meeting. So do I have a motion to continue the meeting? Making an hour. Do I have a motion to continue the meeting until 12 midnight? I'll move to allow the meeting to continue to midnight. Thank you very
much, Council Person Arab. Second by Council Person Winters. All in favor say I. I. All oppose say nay. Hearing none. Um, anybody else from the audience? Anybody else from the audience? Lot 13. Uh yes, good evening. My name is Warner
Dreer, 486 Northeast 87 Street. Um again, um very nice architecture. I definitely agree with one of the, you know, uh members here. Definitely fits in another space. Um, I I have concerns
about the two stories, about the privacy right next to my neighbors, about the communication we have, and also about the trees. Um, I I would like to actually see a relocation plan and really understand where those trees are
going. I I have some concerns, Mr. Zapata, on how this has been being managed, right? Especially the trees. Um, I think there's some some findings from from Durm specifically on the trees
and I think you're very aware you're being copying on them. Right. So, uh I would say I I would like to suggest the council first um if we could have some decisive input into your architecture. I
understand your architecture comes from uh Summit, right? If I'm pronouncing it correct, based out of Bolivia. I have no issues if it's offshore, but I've seen the standard products that you offer. They look very nice in a very open
space, right, which u maybe Pablo, maybe um but I do have my concerns about the historic my house being a 1930s and having two of massive structures in front of mine.
Uh especially on 87th Street, as you guys all know, there is no twostory homes, right? We are in lots that are approximately um all homes have a two one bedroomedroom or two two. We're
constructing four bedrooms, four and a half bathrooms in one of them and the other has a massive structure as well. Um, which is three floor uh three bedrooms and I think it's three three
what is it? three uh uh restrooms or 3.5. You have to be specific about which property, lot 13 or lot 14 and both of them are designed by different architects because what we want to do bring is a priority of architecture to
the city. I'm referencing the first one was lot 13. It has four bedrooms and 4.5 bedrooms. 4.1 4.5. Yes. Yes. And lot 14 has three bedrooms.
can three values. So my concerns is about the tree. I moved here 12 years ago. Personally, I see those trees. The trees have been healthy. Actually, I requested a copy of your arburist report and I'm a little
bit concerned that the arborist report doesn't even have an age of the tree. Um 80% of the tree inventory is marked from a scale from 100 zero and 80 I'm sorry the the scale is from 100 to zero and
80% of them have a survival rate I'm sorry uh a condition less than 55 so um if if you question yourself I can show you the report itself um so no but you look a little bit questioning my what
I'm saying so I would like to see from an arborist report what is the the years of how old this year trees are the spam of of duration, right? and especially a relocation plan because I think I have asked a couple of the members if they
really know what the relocation plan is and I honestly I don't get a feel of of what is being asked and also have you consider we looking as an alternative plan right to see how we can preserve
the streets because my concern is once you build this perhaps you might sell it perhaps you might keep it theneverbody whoever Whoever takes this ownership there will be this is not my problem if the tree dies right this is to the
builders. So I I want to make sure also before the council approves that all the derm findings are closed because once you as a city give the approval Durham's hands are kind of tied
up and these are findings even that occurred since the prior uh meeting. Um, I have the findings. I have reached out to Durm. Um, and I encourage you, it's all public record data. There's a
website. Um, and I I asked Durm, uh, on Monday if the if the issues have been closed, and they're not as of this time. So, uh, I would urge the council to please consider tableabling this until we have all the term issues addressed.
Right. Um, I think you've been copied. March the 11th, right? Mr. Sapata. So, um, and that's what I'm asking for. See if we could see if there's an alternative site plan. Uh, we can preserve those trees. I think there's
questions we're rolling about trees number 13 and number 14. Durham has recently asked why do those trees need to be removed? And I think those answers are still pending from them. They have also requested for alternative
plans. I think marks have been provided. If if there's alternative plans, maybe perhaps we can see it with the here as a resident because again, you know, we're open for for new development, right? I I like, you know, obviously my property
value is going to increase, but we also have to be considerate of what the the value of the village is, the trees, and some people might not like it, right? So if we don't like trees, then perhaps
we might go somewhere else, right? Like the design district or somewhere else. So um so that those are my concerns. Um if you're willing open to, you know, making sure we can have some
architecture uh input from the residents, then I'll be open to that. Thank you, Mr. Dair. tree relocation plan is part of the package. So, you're free to go online and and download download the tree
relocation plan and where every tree goes. You're saying regarding the I want to talk regard regarding the architecture. Talk to you on the stand. I'll talk to you on the stand. Wait, wait there. Yeah. Go ahead. Go
ahead, Mr. Regarding the modern architecture. Um both properties have been designed even though they have a slight um touch of modernism. It reflects
modern construction modern construction materials and sanctuary corner which is the property over there. It's it's it it covers and blends Florida vernacular architecture and it has natural textures and natural
materials and sanuary arbor. It's a strong reference to modern masonry modern architecture both of which are part of the design guidelines of the village and I want to further clarify to you I'm a village resident. I live on
89th street. So these houses are going to be our family houses. My mom sitting there, she's living on the house that exist on the property. She watched the property every day. We cut the grass. So it's of the most of intent to develop
these properties for our family, but also to maintain the value and the character of the village. One second. My notes. regarding the 3H on the arborist
report that is not a condition or or or some I haven't seen it I haven't done multiple properties in multiple arborist reports u but you're free to hire your own arborist report or we can have a call with my arborist to see if how they
can come up with the age or perhaps with the information provided which is plenty you can get a get a less or more or less what the what the age but I'm willing to get on a call with you. I can take your number and perhaps tomorrow you and I
can call or arbory so you can get the information you need to give you assurance uh about the information that you want. I'm more than open. Like I said, I live on 89th Street. We can meet at my house. We can meet at my house and and and do that.
And the the last point is if we want to if we want to meet with my arbory so it gives you or the the tree relocation company so to give you assurance we can meet at the property once we start working on the on the on on the tree
relocation. So to give you and give everybody assurance and also provide you with the approved three relocation plan and like I said the three relocation plan is part of our submitted package. Anybody else? Um go ahead uh Mr. Dre
because council person wants to speak to if you want to go to the stand really quickly. So I very much appreciate you bringing that document to our attention. Was was it part of our documents here? Because I did not see it. No, M. Sorry. I
submitted a public request to Durham. Okay. Um, and it's actually there's a a website where it's Durham public records website. You can actually enter the folio numbers. Uh, and that information
to the public. there's even additional more emails concerning uh what happened. Uh and I'm also concerned there's this notice and yesterday uh I think there was also some um I'm not going to say
explicitly but there was some my cameras there was some tree uh some truck with a big pole next to one of the trees. So, uh, that is concerning specifically Mr. It's called it's called it's called a soil testing and that's for the for my
engineer to do to figure out what's the structures that we're going to use. So, it's called a a soil test report. So, you know, excuse me for interrupting, Mr. Dreer, when you speak try to speak into the microphone so we can capture it for the the transcript. And my other request was if we could get an input
into the architecture of the structure, see if there's You said you submitted some alternative site plans to DUR. See if that's available for us to see. We're going to talk specifically about uh sanctuary corner. It's not a square
property. It's a it's a triangular shape property. And if you look at the front or setbacks, the setbacks are specified by the cone limits the amount of buildable space. Unfortunately, I didn't plan this tree. the tree is right in the
middle of where the property is. So, but there's no way unless you unless the citywide changes the code so we can build up to the property line away from the tree. There's no way for anybody to come and exercise their legal rights of developing this property.
But we tried as much as we can. That's why I'm telling you, we're relocating the tree. We're not chopping the tree and planting new ones. We're we're we're making an expenditure to the and regarding the permit. There's two com open comments.
It was one was about the tree relocation plan and that was submitted today. It's a public record. The second one is a building process number which we obtained this week and it was provided. So uh feel free to check tomorrow uh Friday and you should you should see the
approval. Again I'm asking about the alternative site plans. in order to for us to preserve those trees, right? Uh have you guys considered from a development standpoint other development uh u
considerations? Again, the trees are there. I know they're in your property. So So a tree on original states has a um a tree protection or a root barrier and that extends wide. So what we're doing with
the re three relocation is with time and it takes about four six months the then that's the professional company that does it reduce this true the the
root pole so it can be replanted. There's there on sanctuary corner there's no way to develop that property without relocating the tree because it sits right in the middle of the property. So I don't have there we looked at multiple plans. Give me one
second. We did looked at multiple avenues but this is a challenging site and there I can tell you I can assure you as builder and as architect that
that's the the only way to develop develop that property that corner property is to relocate the tree or or remove the tree and and and plant replant the canopy. The reason why I asked Mr. Sapata this is just feedback from Dur. So it says preserving trees
also has to do with the type of development being u speaking to the mic if you can uh Mr. Chair. So so sorry about that. Can you guys hear me now? Yeah. What you just said? So the reason for the question if we can see some alternative plans based on my inquiry to
durm pres this is their feedback preserving trees also has to do with the type of development being allowed structures with large footprints right large footprints uh give me a second here please
um footprints and more than just one floor makes the tree preservation even challenging I don't mean to give you my my back here. Sorry. Uh even more challenging especially trees with with uh growing spreading canopy such as the
ones that we have. Um that's that's where my concern is. Um I'm an entrepreneur. I don't want to kill anybody's idea. I welcome new development as well. But again, I please urge you to consider the trees. That's
why we move here. Also the harmony of the village, the historic res. I live in a house which is a different architecture style. Unfortunately, you know, we have a a document that that they say it's not on the code, but you know, in good faith, I know you live
here. One of the reasons why you move is because of the trees, the historic charm probably. Uh so, you know, I hope you understand where I'm coming from. I I don't want to I don't have anything, I guess. No, I totally understand. And that code, that section specifically has
been approved. So, we already showed Durham all the possibilities to develop this property and that's why it was approve that comment was approved to relocate the tree. That that comment that was just read into the record. Is that we don't have that document?
Correct. Um can you when you get a chance can somebody please either send myself or myself and the clerk that document. Um, I I'll send you all all the findings, the respective findings, the communication I've had with with DURM, and also the link where all the findings have been placed according to
DURM. So, that's where I'm at. So, uh, uh, again, we we want we, you know, we welcome you into the community. I know you said you you you're part of the community. Whoever the investors are, I can see from the looks in the in the audience, I can read their their
expressions, right? Uh your your mom is very nice. That's my mom and my stepdad. And the stepdad. Yes. So I've seen them. So you know we'll welcome to you. But but just understand you know you know we all want to you know profit out of this
but uh take in consideration the residents that we've been living here. U and and again you know I live right across the street. You bring up a a $2 million home. my property value is going to increase. I
get that. I don't have an issue with that. But I also have to be balance it out. We have trees. We have the historic uh piece of the uh of the village. So, you know, we we need to respect that. I I feel as as Thank you. much as we can.
So, that's why I'm requesting see if we could have an alternative as a sign. I know Simot the architectural design in in architecture uh is based out of Bolivia. I've seen the website specific question is that one
may concerning 13 and 14. I know that's m Mr. Mayor I have not finished my questions. Mr. Dreer I kind of got interrupted there. All right. Go ahead. Let's let's also um you guys let's uh refrain from talking about like people's facial expressions and things like that.
All right. Thank you. So, if you go back to the stand, please. Um so, this is nothing on you. I completely trust you. But we've had some instances lately that have been weird. I just you 100% verify that this is a true document from DURM. It was not made up. It is actually from
the right. Not questioning you. I'm just saying say yes or no. Correct. Correct. Okay. So, when it says on here that on March 13th, they were told to cease and desist from any authorized
work, including uh the unlawful uh tree removal work. This is all from something that was from the actual DURM website or you got a public records request. Public records. There's a website. You enter the folio number uh and it generates all
this information. There's additional emails too. Yeah. So this means with what council person bomb said earlier, we don't have two choices. They don't have the ability to just cut down the trees. They only have one which is to move the trees. So I think that's still
what we have to work with at this point. Yeah. But this is one point here uh council person winters. There's also additional findings where durm you can even look it up on the website where they're requesting al alternative uh s plants. They're also requesting why
trees 13 and 14 have to move, right? So, these findings are still open with Durm as of yesterday. So, uh I would I would suggest before approval, Council Person Winters, let's have DURM finish their findings and and and perhaps um move
from there. So, I would hate that because of this city approval, then we tied up Durham's hands on on trying to do their jobs. So, that's where I'm coming from and I very much appreciate it. Uh, so in this case, I think there's
um a lot to be thought about with this um development. Maybe if we have certain conditions on the vote, including that all these germ problems all are fixed within a month, otherwise we got to bring it back to council. How would you
feel about that? I I would like to actually Yes, the derm findings, right? Uh I would feel uh a little bit more uh at ease here, right? Where are we at with the findings? We we contact the uh the derm management, have them, you
know, give us the final say. uh also see if we could have some feedback into the architecture design that you know we can all feel okay with it. Right? That would be the uh the condition. Um and and
that's that's basically it. That's thank you very much. Anybody else from the audience? Go ahead, say your name, address for the record, sir. Sergio Heavy. I live at 8750 Northeast 4th Avenue Road, right across the street. Um, so I was going to
make a point, mayor, but I want to confirm first from the council member that this is the Durham document we're going to go off of. I am not an arborist. I am not an architect. I'm just a guy. So, we're
absolutely 100% sure that that document we're going off of is what is from Durm is confirmed. So, what you're saying, just so I'm clear, is there's no option to cut the trees down.
I'm just confirming that. I didn't ask. Are you Are you confirming that? Am I confirming what that that we don't have the option to cut down the trees according to that document that says cease and desist. Is there a new document since then?
I'm I'm just asking a question. I'm just going by what? I don't know anything about Durm a document that was just given to me tonight for the first time by what it said. So then can we say that the option is still there that the tree is going to be cut down? I don't know. Replaced. Okay. So then we can't make
the argument that we're making that says uh we should we should redesign because the trees have to stay. This gentleman's made numerous points about we have to redesign or consider redesign because we can't we can't cut down the trees or we
can't move the trees. I see I hear a lot of points that really are just like kind of going everywhere. So I have some ideas to help you out. We'll we'll get when we get to the end with everyone else talking, I'll bring them up so we can try and make it work for you. Okay. Okay. I just I just want to confir because I I believe the option is still
there that the trees can be cut down. So that's all the point I want to make is and and and it is costing us or you know fed or project land more money because of that. Right. So of course. All right. Okay. Thank you. Thank you very much.
Scott Cobri, uh, 8525 Northeast 4th Avenue Road. Um, so just a um, couple quick points. So I I I didn't uh, exactly see uh, I didn't get the email
um, but um, I didn't see the where the trees are being relocated to. Um but my questions are just I guess um first of all I just want to say state make a statement I guess that it is Earth Day today. Um so it's a little bit of a an
interesting time for this topic. Um obviously um we you know Elportal is Elportal for for the reasons that it is. Um our trees are extremely important to us. Um and if if I think we just look at it through
that lens, then I think anybody who is uh you know has a property, if we all follow the guidelines of well you know the trees in my way and we need to build around it uh and we need to remove it in order to build Elportal will be left with no trees by the end of that. Um,
having said that, I do realize that at this point, um, Elportal does not have a more stringent, uh, tree ordinance than the county. Uh, other municipalities do. Um, and I believe that Elportile being a
tree city and this being so important for us, it should be something to consider for the future to potentially have um our own tree ordinance um and some more guidelines provided by our village ourselves that are potentially even more stringent than the county
guidelines, but at this point uh we don't have that. So, we have to go with the county. Now, I just wanted to comment on the um potential site plans and revisions because I do remember that there was another property that was
being built uh recently that uh made uh serious attempts to go around um the the trees, the existing trees in order to not have to cut down the oak trees. Um I believe they elevated up the the uh the
foundation of the house um in order so that they wouldn't affect the roots. um as well as other elements I think that they did not have to affect. Um personally I believe that the chance and
likelihood I do know a fair amount about trees. Um and I think the likelihood that these trees will survive is not great. Um and I think that something extremely important to their survival
would be first of all pruning them back majorly. um which you know obviously almost defeats the purpose of of of of what we're trying to keep uh here um as
well as um that they need to be watered very very consistently. So, um I don't know if there's any sort of like condition that would need to be made that there's some sort of sprinkler systems in, you know, added to ensure
that these trees are watered because other otherwise if they're not watered every single day, they're not going to make it. Um so, on that note, um as far as the site plan, you know, potential revisions or anything, I just wanted to see if there was any uh thought about,
you know, different plans that wouldn't have to move these trees. And I don't really know where they are, but I hope that everybody else does know exactly what's being removed and where they're going. Um, but anyway, that's that's it. Thank you very much. Appreciate it.
Thank you, Mr. Cobbert. Ma'am, one second. Alexandra Basa, 120 Northwest 36 Street. Um, I just wanted Well, I am a trained architect. I um in regards to your opinion that it's impossible to do
anything else other than cutting the tree because of the shape is because you're trying to force a shape into a lot that is doesn't belong. I think the other question that I have is when um when the staff recommendation
is uh for approval under what grounds it says that is um sentence is in in harmony with the rest of in harmony with the general intent of purpose. What what are your crit what is your criteria when
you determine the harmony with the rest of the neighborhood because it doesn't seem like it goes with anything else that we have despite of you know it's a it's a good design for anywhere else but I just
don't know how is this harmonic with anything else that we have in the neighborhood. So I would like to understand what is how do you determine that this is harmonic with the rest of the of the neighborhood. Okay. We'll answer all the questions. We'll answer question. Anybody else from
the audience? You want to answer? You had a response you want to say? Just for the record. Our initial review with Miami Durham from the tree render four comments.
We provided a response and if you go online out of those four comments, two has been approved and two remain unsolved and one has to be provide a building permit number which
was pulled on Monday and that has been submitted. The second one open comment is related to the the the reviewer wanted to see a detail of the root bowl once is root prune how that detail looks
and also to ensure that the relocation meets the specific the specifications dictated by the code on the root prune size. And those comments were addressed today. And that's part of the that's
also record. There's no open comment related to and that's not an open question that was sold and it was part of the first comment that it's approved online regarding the fact that the only way to develop the property is to relocate the relocate those trees.
Thank you. Is there anybody else from the audience? Okay. hearing. Seeing none, um, back to the council. Oh, come on, Mr. You're
good. So, I'm I'm I'm a little bit confused. So, I was looking at the plans. um the uh I'm looking here, but this isn't giving me what I need. And so I I I kind
of get a sense of what the orientation of the two houses are. And obviously, it's a very oddshaped lot. So it does feel to me that at least for one of the houses on the otter shaped after they are split plats
is is going to make it hard to either have the house or h or to have trees somewhere that would be big enough for an older growth as opposed to an old growth to actually survive. like e even here in in this in this rendering which
you know is only worth whatever renderings are worth. Um it doesn't look like any real any tree that's on that property now would have a real shot of surviving in
what looks like a reduced space. that is to say the front yard or whatever we would conrue as the front yard would uh be pretty small. So for all these relocations I I I I kind of have to to
me it it it it it begs a little bit of a a belief that they are going to work in a functional way. And it also kind of actually brings to mind uh will the house be so close to the
sidewalk that you're looking at a variance situation here. Anyway, that that that's a question. Another comment though is that if if the Derm Tree report is not closed
out, I I think you guys should pause the brakes on on this. Um I've said in the past to Feder Rico, it you know, it looks like a a beautiful house. Um but there are implications out outside of the house.
Um anyway, uh tree spacing, positioning, survivability, variance, derm closures. Thank you guys. Thank you very much, Mr. Alvarez. Anybody else from the audience? All right, seeing none. All
right, let's come back to the council. Um are there any comments or questions from the council? Okay, I do have some. Go ahead. So, um, thank you, Mr. Sapata. Okay. You've worked really hard with us to make this
happen and you've really have tried and you've you've done your job to meet these demands of this wonderful crazy forest. Um uh I want to tell you that I want to
vote yes on this because I believe in your ability and your freedom to buy property develop a beautiful strong structure will stand for 200 years and uh someone else will love it if multiple generations will live in inside of it.
This being said I have some I I have some requirements that need to be met in order for the yes vote to have. So, I'm going to do a vote, but with conditions. And I'm not even saying that maybe my council members next to me might also have conditions. Um, but
these are the conditions I would like to see resolved. Um, first, I did ask for that percentage report. So, I'm going to say if you can give me a certified arborist and the tree moving company must jointly submit a survival report
within 30 days showing at least a 51% projected survival survivability rate for each transplanted oak. If that is not provided, then this would be returned to council in two months after a month of
deliberation. Number two, we must also receive a detailed timeline report outlining the methods of preparation for the transplantation, including root ball treatment, canopy trimming, and staging procedures. Number three, the builder or
you must guarantee daily watering of the transplanted trees for a minimum of two years to support the successful rooting and canopy regeneration. Number four, if any of the relocated trees do not survive, they must be replaced with two trees of the exact
same specimen and adult age to maintain the expand the expand of our canopy. Um, number five, the oak tree and its root system next to the driveway on lot 13 must remain undisturbed. No cutting,
no trimming, no root pruning, no impact may occur during or after construction because as you know, you're not allowed to move a tree or damage a tree for a driveway. Uh number six, Durm obviously has two last things they need to clear.
So I will say that with this last condition is within 30 days, those last two things are cleared. Otherwise, we have to bring this back to council again. But as you said, they're already going to be cleared. So that should be no problem. Are these conditions you'd
be willing to work with? Those are hard conditions. And is the rest of the members in agreement with those conditions? The the clerk is the one who calls the role. You have to answer councilman's
question. Those are hard conditions. Is that a motion? Are you making that a motion with the conditions? I first am providing in case my fellow members want to add conditions of their own before I put the motion in. I definitely don't want to add anything.
It it's any motion that you want to make council and and you can it can be amended, okay, by any other member that wants to add or if another member thinks one of your conditions is too strict, they can make
a motion to amend to delete that condition and whatever the majority will of the council is. I don't know if that answers the question. I hope so. Um, so when I make the motion again, I need to repeat each one. Correct. You should make repeat the
conditions you want for clarity. And then if any other member wants to amend your motion once your motion is made and seconded, uh if there is a second, um anyone can move to add or
delete conditions one at a time. I'm I'm really interested. The applicant was about to respond or or you made a blanket statement and you said those are hard conditions. So I think just so that we know what we are asking you to do. Um
why are these hard conditions? Is it because of how Durham might respond? What primarily all his conditions is um is a monetary expense to hire arborists which are expensive just to satisfy his request.
Second of all about watering the trees for for two years. That's additional monetary request in addition to my commitment of following all the procedures and making an additional expense on relocating the streets
instead of removing it removing the trees because I have Mr. together. I have the also the option to say go back to Dur and say I'm not relocating the tree and rem and removing
and replacing the canopy. How will that affect the boat here if the trees will be just removed and and replaced with other ones? So is there very hard conditions that cost a lot of money and it's not
fair to me that I'm making my best and sincere intent to relocate the trees and make the additional expense. Uh Vice Mayor, thank you. Also, um, Councilman Winters spoke to me, you know, off the
deis about attaching conditions. And the fact is that this council has very broad discretion if you want to condition approval on certain things, unless something that you were asking was
illegal. Um, I didn't listen to as carefully as I might to every single one of those conditions, but I didn't hear any that were illegal. But let me just say that the as I said earlier that if I heard the councilman correctly, he was
saying that it each replacement had to be of the exact same species in the exact same size. Not same size, adult. Adult, not same size. adult, meaning if it's a 100-y old tree, whatever an adult tree is for an oak tree. But you did say
same species, correct? Same species, adult. As I mentioned earlier, that's I mean, adult is certainly proper. It's covered by the ordinance. You can't just put in some little sapling to replace a 100 year old
tree. But the ordinance is also very specific. Uh, as I said, for instance, you can't just put a palm tree. It doesn't provide canopy. Could you do a Royal Point sienna instead of an oak or something like that? Um, there
are guideline, well, not guidelines, they're they're rules in the ordinance and I don't know that, you know, 100 year old or or adult oak trees are I don't know the market for those. So
saying that it must be the same species is your privilege, but it goes well beyond a very strict ordinance that says only certain kinds of trees can replace other kinds of trees that are being
removed. Requiring it to be adult is one thing. Saying it can only be the same species is strict. It's not illegal. It's your privilege to do that, but that is candidly a very strict condition that goes well beyond
the ordinance. So, as I understand, there's going to be a $10,000 bond on the trees. Is that correct? And is that bond used at all to pay for a tree if it if it dies? Yes. So, did you hear that, Mr. Geller? I'm sorry. The manager was showing me
the list of conditions, but what was it you asked? as required. Is it required by Derm? He's going to have a $10,000 bond on each tree. Meaning if a tree does die, we don't know. We don't know the amount yet. So, but it's going to be a bond for sure. When we spoke on your
property, you said 10,000. So, I'm just using that number. That's why. So, I I can't verify the amount without, you know, speaking to Durm. Um I don't if Miss Hammonds can she's better than me but uh I I can't verify sitting here
tonight at almost midnight what the amount of the bond is going to be but there is a bond which should be able to pay for there must be a bond and Durm sets the bond. I don't my understanding again without the ordinance in front of
me is they don't just have an arbitrary amount. The bond may vary depending, you know, the bond for a hundred year old oak tree would be different than the bond for a 15-year-old royal palm tree because the
expected replacement cost should that prove necessary differs from tree to tree. So I I don't know that I certainly can't confirm the amount for you, but it is set my understanding is set by
DURM in a varying amount depending on the tree and the projected replacement cost. I'm just looking at your list and thanks to the manager writing
Council W. All right. I'm going to make a motion to approve under conditions um for actually these conditions are going to be used for both properties uh number 13 and number 14. One. All right. So, one one second. Yes. Um we got to
take them one by one. Council person Winters. All right. So, properties. The first property on our list is uh lot 13, 8750 Northeast 4th Avenue Road. And the conditions are a certified arborist and
the certified tree moving company both jointly submit a survivability report within 30 days showing at least a 51% projected survivability rate for each transplanted oak. If this is not
provided within 30 days, this item on the agenda will return to council in two months for further review. Number two, we must also receive a detailed timeline report outlining the
methods of preparation for the transplantation, including root ball treatment, canopy trimming, and stagnant procedures. Number three, the builder, Mr. Zapata must guarantee daily watering of the transplanted trees for a
minimum of 2 years to support successful rooting and canopy regeneration. Number four, if any of the relocated oaks do not survive, they must be replaced with two trees of the exact
same species at adult age to maintain and expand our canopy. Number five, the oak tree and its root system. next to the driveway on lot 13. Wait, we're on lot Yeah, lot 13 must remain
undisturbed, meaning no cutting, trimming, root pruning, or impact may occur during or after construction to that tree next to where the driveway will be lying. Number six, Durm has not cleared its concerns
regarding tree removal. So, the builder, Mr. Zapata, has 30 days to identify and resolve the issues flagged by Durm. If those concerns are not closed within that window, the matter will return to the council in 60
days. Thank you. Needs a second. If he has a second, just just to clarify my previous comment, um the council doesn't have to approve this. So you can set conditions and the
conditions you set can go they can be strong conditions because you don't have to approve but unless you set a condition that's actually illegal of course however I should clarify by saying that if the
conditions you set are legal but not reasonable Then by conditioning approval upon conditions that are not reasonable, you could be in a situation
where the uh applicant has legal rights to challenge the reasonability of what is an essentially
a denial even if it's couched in other terms. I don't want to state that I think that could happen would happen or would be successful but reasonability is a criteria if
something might otherwise have been subject to approval but for unreasonable criteria. So that's a little different standard than when I said that the conditions themselves can't be illegal.
I didn't hear anything illegal, but the reasonability of them of some of them is subject to the eye of the beholder. Of course. So I think I've taken a little bit of a step back because I would look at my
residents over here and if most of them are probably not happy I chose 51%. They want to see 70 80 90% of survivability rates. Yeah, I'm seeing a lot of heads nod. But the main thing would be I I did try and pull back on a lot of these reasonability um guidelines trying to
work on both sides of this. Just as one comment, Councilman, and you know again you're the council has broad latitude about conditions. Um, but I can tell you as a not certified
arborist, I have no idea if daily watering or in what amount for two years is necessary or whether in fact a certified arborist uh I think we
do have a landscape architect out here somewhere. If that's actually harmful to a tree, then ordering something that might actually, and I'm not in a position to
say, but if you order something that's actually potentially damaging, um, that certainly could be, let me say, problematic. I'm being careful in language because I'm here to defend whatever you do. That's my job and it's
not my job to admit error. But I do have to caution you that while I say you're and in fact your latitude is broad and your
discretion is broad, it is not unlimited in terms of reasonability of things. And I I'm not in a position to comment on for instance that one condition. Well, it sounds like we need to alter the condition a little bit
because right now the one about watering for two years, what are we talking about? One hour, one minute, one day. So maybe that should be something that needs to be addressed. But it's still watering every day is not going to hurt
the tree. Well, I mean, you could just, you know, I've never heard that one. But trying to think outside the box, you could say watering for such length of time and in such amount and
frequency as is recommended by a certified arborist and not put yourself in the position of making the determination, but defer it
to someone with expertise that could, you know, include that in the report that you've requested to be furnished within a time certain and then there's a factual basis for whatever the condition
is as opposed to just an off-the- cuff determination as to what sounds like it might be good. So my I will amend my request to a minimum of 30 minutes per day and we can move off of that. What if what if the tree
dies and it was because of additional watering mayor? Excuse me, but you need to move to extend again because the Okay, I'm sorry. Thank you. Thank you, Madam Clerk. I I I think these are very stringent and
and I apologize for interrupting Mr. Zakata, but our time is about to expire. If you need it, if you have to extend, you you need the motion. this time it's 1159. It's 59 you said at midnight.
Well, you're privileged to extend it for I mean no question about that. The question would be if there's a motion and and how much additional time somebody moves to extend it. You can extend it for 15 minutes at a time. If your 15 minutes runs out, you can do
another 15 or another 10 depending. Typically, if you're in the middle of something, you can finish whatever your discussion is, but this is not our last item. So, I move to extend the meeting by 20 minutes. Approve. Yes. Same.
What? I see. Okay. Gotcha. Gotcha. Mayor is actually waiting for midnight. That's what he's waiting for. Oh, okay. We're extending until midnight. So, I'm waiting for midnight. All right, just hit 12 o'clock. Do I have a motion to extend the meeting for 30 minutes? I move to extend the meeting
for 20 minutes. Approved. Same motion to extend for 20 minutes. That was council person. We have a second by Council Person Winters. All in favor say I. I. I. All say none. Hearing none. Okay.
Uh I I I just I want to propose to Mr. Winters that a reasonable request at this point will be that we will make let's say if the trees for any reason do
not survive the transportations that we will make or almost effort to replace it with oak trees. So instead of asking for the amended 30 minutes, why don't we amend it so that the watering for two
years goes accorded to the international society of arbor cultural um requirements which they have their own thing for a mature oak. It's 30 minutes for portion of it. It's 45 minutes for a portion of 60. it's according to their
well doumented research. This way it's all according to something that's already been figured out. That certainly provides a more factual basis for what the condition is. If you're referencing that document and you know if the document subsequently itself changes,
your approval would theoretically change with it. But then you're you're tying it to factual basis as opposed to just an arbitrary one. Okay. I do have a question for Scarlet or anyone who knows
about trees. Once you relocate those trees, um there is some sort of like oversight from what body derm derm. Perfect. I I think we have to caution ourselves just just because
we're sitting on this deis does not mean we are arborists or specialists in the fields that we need to be specialists in to opine on some of the minutia of these decisions. I think that at some point we
have to trust that there is a body of knowledgeable professionals who are overseeing the process and if the applicant runs a foul of those then the ramifications of that they will incur that right it happens if uh someone
decides to extend lot coverage or they decide to build something in a way that they didn't tell Scarlet before or if you decide to go rogue and do something with these trees. that were not contemplated or discussed in in this forum. If we have an issue with what
Durham might do, I think a sounder path forward would just be to defer instead of opining on things that might land us into more hot water or might end up giving us the opposite
result of what we intend. I am not knowledgeable enough on trees to know the frequency within which this gentleman should be watering them or knowledgeable on the inner workings of durm to know whether or not 30 days is sufficient amount of time for you to
receive some sort of resolution. What I see in front of me is that there was something commenced without a permit. I don't know if the thing that you were planning on doing is not allowed allowed. If we do want to have that resolve, let's just defer it. If not,
then we should probably stay away from getting so deep into a topic that I don't think we're necessarily um educated enough on to really um make a sound decision. So, I wouldn't be able to support the motion as is. Um I think
we probably was it a motion? I think we do need to get a second, but nobody Yeah, nobody second. If there's a second a motion to approve with conditions. Yes. So that was that was a motion. Okay. And did you call for a second? I think. Oh, okay. There there were no
seconds. There wasn't a second yet. Okay. So the next step would be to either make a motion to defer or make a motion to make some type of other motion or condition any subsidiary motion. You can move to defer the whole
matter. Uh again to a date certain or um a motion another subsidiary motion would be a motion to amend the motion by adding or deleting conditions. For
instance, the there was a condition attached by council Winters that said it's a condition is receipt of certain information from Durm within I thought
it was 60 days that he changed it to, but I may be wrong. Um, but you could leave that and some other conditions and take out the ones that are
entirely expert specific, but still leave the approve but with a condition that this be received with the understanding that it's a conditional
approval. That's why it's called a condition and it's not going forward sooner than that anyway because you haven't even begun the process after site plan approval which you know might be conditional. You haven't begun the
process of seeking building permits. So you're very far from something actually occurring here and he still can't do anything with those trees without Durm approval uh or face consequences there too. But certainly you're also
privileged to move to defer the entire matter preferably to a date certain so it doesn't have to be react does any of those things are permissible within the sound discretion of the council for sure I move to accept staff's recommendation
on the item it's a motion she's motion all right I just want to close out the first motion that You didn't get a second? Yes. No. All right. All right. She's motioned to accept. Is there a second? What is this motion for
exactly? To approve. You said you for for your questions. Because I have your questions right here and your answers. I just haven't had a chance to get to them yet. Speak. I apologize. I didn't know your questions were pending. Sorry about that. Not count, Vice Mayor.
Nothing about your motion implies that there's going to be an immediate vote without those questions being answered, which I think is the mayor's intention. Having a motion on the table and pending is probably best practice. So, it's
entirely appropriate for you to make the motion. It's been seconded. You're in discussion. And I I gather that the mayor's intention is before it gets called for a vote, he will provide the answers. There's nothing at all. It's not Yes. It's not only not proper, it's
best practice to have a motion. Okay. I just never want anyone to feel like I lost track of them. I didn't know we had a question out there. So, mayor, you have a motion and a second pending. Pending. And back to back to you, mayor. All right.
Um, we we closed off the everybody in the in the uh public yet. Did we do that? Because All right. Just making sure we did that. You want to speak correct? Possible. Okay. So, you you go
you you go ahead to answer I think one of the questions that I heard from the from the lady the resident. I'm one of the co-creators on this project with Federico. My name is Manuel. I live in North Miami. Um, the site plan was originally platted for 3 plus
since 1937. This is not a new subdivision that we created. It's been like this since 1937. We are simply now building what was never developed before in those plots. And I want to be clear about this. There is no alternative site plan
that does not involve relocating or removing a tree. It does not exist. Is there any doubt or questions about that? Because we've been entertaining questions all night. We've been going around in circles. Excuse me.
No, no yelling from the audience. If anybody wants to talk, you guys. We've we've we've we've spent a significant amount of time studying with both architects. We've hired external architects, internationally renowned and awarded. We're not going the cheap way around this. I think we've demonstrated
to everyone that we've more than put our best foot forward to do what's right by the site, what's right by the environment, and that is to relocate the trees so that homes can be built. for every single person here that owns a
home in this village since 1937, and I I do say this with all due respect, is a tremendous amount of hypocrisy to think that the homes that your lots were built on didn't require some tree to be
removed. 1937, all there was was trees here. Okay? Your house, their house, what you see, it's what's left, guys. That land was undeveloped.
All right. So, I'm not I'm answering questions about what we're All right. So, so hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. On both sides. Yeah. Don't just just talk to us. Don't talk to
them. Say your thoughts. Talk to us. Don't talk to them. Don't yell from the audience. Right. All right. We're good. Right. So, the lots that we're developing are undeveloped. The trees that we're seeing there is because they've been there since the the village was created. We are doing everything in our
power, everything that is legal for us to do to be good stewards of the environment. We want to preserve it. We're not trying to cut it down and just get rid of it. We're going to a tremendous amount of effort to make sure
that they they stay and to make sure that they thrive. We don't want to see them go away. And our designs implement that. That's why we have open courtyards. That's why we have glazing looking at the trees. They become the backdrop to these homes. That's why we
want light. We are not trying to obstruct nature. We want to bring it into the homes and that's what the designs portray. Thank you. Thank you very much. Um, anybody else from the audience? Anyone else from the uh council before I get to these? All right. Yeah, just I
have one I just have one comment. So, so we've been through a lot since planning and zoning getting to the spot here. So um you know my issues are still as far as with with harmony with the overall designs and you know in the spirit of
following the money um I have to say that uh understanding the understanding the risk that the developer is taking from a financial standpoint to preserve these trees makes me
feel that the overall execution of both of these properties are probably going to be above and beyond my expectations. Um, so I'll just say that that uh it
seems clear that regardless of aesthetic taste or objective reasoning that this is a developer who is demonstrating a willingness to go, you know, above code, above and beyond. Um
and and uh and I'm a little bit confused at the direction of the discussion. I thought we were going to have an hour and a half long discussion about the uh harmony of these two
properties from an aesthetic point of view. I am I am a little bit blindsided by this discussion about the trees to be perfectly honest because it seems that we're all on the same page. The developer wants to preserve the trees. We want to preserve the trees. The
developer does not have an obligation to preserve the trees, but he's going to go out of pocket anyway to preserve the trees. All of this makes me feel like the project's going to end up being better than what I expect it to be. And so, uh, I don't know where I'm going to vote yet, but, um, I I I I have to say
I'm a little perplexed at how the angle of this conversation went when I we haven't even discussed the harmony of the design. We all we've discussed for an hour and a half is is something that we all agree on. It's it's I got to
say I'm a little bit confused by this. Council person. Um, anybody else uh have anything they want to say? Oh my god. Scott Cobri, 8525 Northeast 4th Avenue Road. I just wanted to say that um uh
you know, as as uh this gentleman mentioned about, you know, having those lots. Uh my property is four different lots. Um and if if I was, you know, now we're it's not 1937 anymore. We're in
where we are now where a lot of Miami has already been cut down. And if I were to develop those lots, I would want to do it in keeping with what the village was, you know, was was and its other
residents um and the, you know, core values and folk and and what the village is about. Um and uh make sure that you know I'm I'm doing that in that way. Um, also just uh comment on the uh the dur
like there's been a lot of talk about the tree ordinance uh the county tree ordinance. It's not a very long ordinance. Um and I think it does say I think uh somebody pointed out that these are specimen trees. Um which uh I believe that that does require that the
canopy replacement is double um what's what's being um removed. Um, so I don't know if that's being followed, but I, you know, it is something that seems to be sort of an unknown to a lot of people in this room. And um, you know, it it
wouldn't take a lot to get some more clarity on what what that is. Um, so yeah, that's uh that's all I wanted to say. Thank you. Thank you very much. Appreciate it. Um, anyone else? Okay, I'm gonna run through this
is really fast. All right, so um the gentleman in the back right there that was talking about the notification and he just kind of found out a couple of days ago. Um what they what they have to do the process they have to go through is put
those signs out. That's the that's the only like you know process that they have to do. And so anybody who sees the property who passes by the property um you see that white sign. Did you see those white signs that were in their yards? Okay. There was a white sign in his yard uh for the past like couple of
weeks. So that's the that's the um public notification process and then after that um he's on the agenda. So uh that's how that goes for this type of property uh residential. Um yeah, there's a lot that was talked about about the uh square footage being
calculated and the lot size and you know the three properties on that lot. Um a lot of people feel like it's just the lot's just not large enough or the properties will be too close together. Um there's not really a question that was just like a comment. um the
footprint about the second floor hanging off. Um we understand that, but just currently the way the law works is the footprint is the building on the ground that takes up green space. And so maybe
that's something you know you look to in the future or something like that, but right now currently that's what footprint is. So anything that's hanging off the second floor, they're not going to count that. And the footprint is taking up the green space on the ground. So, they're only going to count the first floor when it comes to that. Okay,
you guys. Um, when it comes to uh there was a lot about flooding and so 87th Street right there doesn't really flood. It's not a flood zone right here. It's not a flood zone. Um, so there won't be any raised septic
tanks or anything like that. There wouldn't have to be. Um, it's not a flood zone. Like I said before, the only the only concern that I have with septic tanks sometimes is I know there new there a few years ago there were new septic tanks requirements and I just want to make sure that you know the
requirements are met um horizontally so that that requirement for any septic tanks under those new requirements don't have to be fulfilled vertically um which would raise the ground but you know I don't think that's uh for right now but that's that would be my concern uh as
far as um I do have concern about the arburish report, the age of the tree for sure. Um, alternative site plan, that was brought up a few different times, but there was really no response here. So, I'm under the impression that there are
no viable alternative site plans at this time. That's what it kind of seems like. Okay, good. Um, alternative relocation plan. That is something that would be interesting as far as the uh tree or the tree ordinance
and and Mr. Cobri, which uh brought up a good point about maybe we should have a more stricter tree ordinance. The only thing that I would say about that and it's kind of I went over this and I made this point when um we were doing the town hall earlier that started at 4:30. Um we were doing that and I was standing
over one of the Sherwood Forest uh uh tables and I said to them because they were saying the same thing that we need to have it to where um we don't remove any trees or something like that. Somebody said or whatever. And I said, "Well, you guys, you have to remember that, you know, the way the law works is
and the way government works is everything at like the federal level, like you know, takes over everything else beneath it. Everything then at the state level takes over everything beneath. Everything at the county level takes over everything. So what we have to do is we have to if we were going to
do something like that we have to um be in strict communication with Durm um because they are on the county level so they like supersede us and and right now the way it currently is is that a resident doesn't have to come to Alberta they go straight to Durm right and then
the only thing Albertal gets is we just get like the paperwork after it's done and either we're approved or disapproved we just get the documentation from Durm that we just put in their folders, right, of whatever the home address is so that it's always there. So, I'm not
against what you're saying about a stricter um you know, tree ordinance or or or you know, laws in Eltown that makes taking down trees stricter, but I just think it's a process and we have to figure out how we would do that to be in communication with Durm because residents could still be like, "Well, I
don't care how strict the tree. I'll just go above your head and go straight to the county level." So, we have to figure that out. Um mayor, you need 10 minutes. Yeah. Uh, do I have a motion to extend the meeting for uh, 20 more minutes?
So moved. Moved by Council Person Winters. Do I second? No second. Second. Second. Second by Vice Mayor Martin. Just because we're extending for 20 minutes doesn't mean we has to be 20 minutes, people. All right. Um, so all right. So, thank you very much. All in favor say I. I. I. All
right. All post say nay. All right. Um, so that's that. As far as the harmony with the rest of the neighborhood, you're up next. So earlier, Attorney Geller brought up this earlier in the in the in the um
meeting a couple hours ago and she respond she responded that when they look at what they consider harmonious with the rest of the neighborhood and what they consider like in you know in like the same type of condition where it
fits in. She said that they look at the the neighborhood in its entirety not just the street. So, Miss Hammonds. Yeah, you're good. Okay. Yeah. For staying for a
while. So, so correct me if I'm wrong, but when you guys look at when you consider that in the approval process and you look at what is harmonious and you look at the entire village as a whole that along with the design and
architectural guidelines, Miss Hammond is correct. That's how you make that decision. All right. So even though on that street or here on this street there may not be anything that looks like it and this may be something in the future we want to change but I'm just telling you what the law is now we have to abide
by how they come to that decision. This is your question right? So they don't just look at this street and say there's no other houses on this street that look like that or there's no other houses on the street that look as modern as this. They look at Elbert as a whole and there are other modern houses on the west side
already. There's modern houses. I mean, you know, there's a box house that, you know, which they're they're de they're friends of mine, right? And it's a little different, but even on North Miami Avenue, you know, um you know, Ernsie's house, Etsy's house, you know,
it's different, but but but to to go with what you're with what you know that same type of thought process, there was no other house that looked like that house on the street. There's still no other house looked like that house on the street. but it was able to go up and exist. You
see what I mean? So, so that might be something we want to change, but currently right now where we stand, that's why they're able to get away with that um because of that. The way they look at what the um harmony is um throughout the village.
Okay. Okay. So, I Okay. So, I understand what you're saying about there's no overhangs, but it doesn't mean that this can only go up if there's something else that exists just like it. They're saying if if they feel like it's harmonious. So, harmonious could be, okay, well, you
know, this house is like kind of like a box. It might have a overhang, but it's still like a certain type of design to where we still feel like it meets some type of harmony with something that something else or other things within the village. It doesn't mean that because the house that's over there,
IE's house, Etsy's house that's on North Miami Avenue, that's the box and like the green, you can't there's no windows on the outside and stuff like that. It was there was no other house in here to where it looked like it. There still is no other house on this street that looks like it. But that doesn't mean that
another box house with windows might not be harmonious with that house, even though it has no windows. It doesn't have to be the exact same match to to be considered harmonious. Now, like I said, we could change that, but currently the way the law reads, the way it reads,
that's the way it reads, you know. Okay. I just want I'm answering your question. Doesn't mean I agree with them. I'm just answering the question. Um, and the last thing I would just say is, uh, you know, when you said that there's two open items that still have to be resolved, um, what are those two open
items that have to be resolved? I think you went over building permit and root bowl size and details which were provided today. Okay. And that's what I have. Um, Vice Mayor Martin, you had a that your motion was your motion. Were we waiting for a second? You made your motion.
Yeah, I'm motion and I'm just waiting for a second. All right. So, and your motion just to repeat it since vice may just repeat. My motion is to accept staff's recommendation and approve the item. Okay. So, we have a motion. Do we have a second?
Do we have a second going once? Do we have a second going twice? Do we have a second going three times? Um, I would just suggest you guys that we table this or defer it. That is my mo. Yeah, that's my next motion is to my motion is to table this to May 27th at 7
p.m. Appreciate that. Council President Irvine. Do we have a second? Second. Second by Vice Mayor Martin. Madam Clerk, let's have a roll call, please. Roll call. Council President Winters. Yes. Council Mr. Irvine. Yes. Vice Mayor Martin? Yes. Mayor Nickerson? Yes. Motion passes for Thank you very much. The next mayor item G10, a resolution of
village council of Elpat Florida granting site plan approval for the new Do we have to do that for both of those? We just We have to first I have to read the item. Can't do anything on it until it's ready to record. resolution of the village council of upper Florida granting site plan approval for the new construction of a
two-story residence at 8750 Northeast 4th Avenue Road Sanctuary Corner lot 14 in zone 3 a suburban residence in the village of Alpert Florida and application by Sanctuary Venture LLC providing for findings providing for
appeal providing for an effective date thank you very much Miss Hammonds were there any conditions um changes alter alter like al alteration No changes since planning board approval. All right. Thank you very much. Appreciate that. Um, do I have uh any comments or
questions from the council? Hearing none. Do I have a comments, questions from the audience? Lot 14. All right. As mayor, I recommend you guys uh make a motion to defer this one also. Um, but you guys can do whatever you want to do. Any comments or
questions from the council? Any motions or anything? I would like to move to table this item to May 27th at 7 pm. Council person bomb. Motion. Do I have a second? To defer to date, sir. Excuse me. To defer. What word did I say originally? Table. T. Okay. To Yes.
Okay. I move to defer this item to May 27th at 7 p.m. We have a second by the vice mayor. Madam vice mayor second it. U madam clerk, do I have a roll call? Roll call. Council person um Winters. Yes. Council person. Yes. Vice Mayor Martin? Yes. Mayor Negerson. Yes. Motion
passes 49. Thank you very much. I appreciate that. Madam man, if you can just say that you haven't Quickly, I'll just state um that uh the villages legislative request. We're in week eight in Tallahassee for the leg legislative
session. We're operating without uh lobbyists this year. I am uh working with the um senator's office as well as our um representatives office and our police station renovations project has made it through both the Senate and the
House and we are on the governor's desk. So, we're prayerful that we get the renovation funding in the appropriation this year. Fingers crossed. Um, second item, code enforcement. Uh, department has changed yet again, and we're back
with Mr. Simmons as our full-time code enforcement officer and, uh, he will be splitting his time between us and Fort Lauderdale, um, where he works, uh, in the evenings. So, we're happy to have him back. uh and he's teaching um our
new code administrator, Miss Terica Williams, um bringing her up to speed and we'll be working on getting her certifications and what have you so that she can then replace him in um in the months to come. Um also I want to remind
residents that the bulk pickup is next week. It is Tuesday, April 29th through May 1st. So it is next Tuesday through Thursday. Um and also that we will be holding our second and third zoning code
town workshops, town forums, and that will be on May 27th here in the village hall at 4:30 um just preceding the village council meeting and then on Saturday, May 31st. And that time has not been um confirmed
just yet, but I will keep you posted. There are several other things the village is working on, but I have a one more week before this month is over and there's more to add. So, please do consult the village website for the manager's report for the month of April 2025. That concludes my report. Thank you. I appreciate that. Let me just
point out really quickly that um for all the changes that we're doing, we're updating our code and how you know it's costing the 60,000. Um last budget season I purposely last budget season like what's going on? last budget season, um, manager Lou and I, we
purposely, I remember sitting in their office and we were like, we never get nothing from the lobbyists and we were like, let's just take it out and we use that money somewhere else. And that money essentially is going to redo our entire code for our community. It's the same amount of funding. So, um, so we did that. We just cut it out. So, we're like the only municipality with no
lobbyists, but we're just doing it ourselves and getting it done. So, there you go. So, we was trying to save money wherever possible. Appreciate you guys. Um, my mayor's report is there. If anybody has any questions, um, feel free to reach out to me. You guys know how to get in touch with me. Attorney Geller.
No reports. Thank you very much. I appreciate that. Anybody for the last good and welfare? There was a woman that was in. I think she left. Um, she came for the last good and welfare, but it's all good. All right. Um, anybody else for the last good and for the last good and welfare?
No, no, he he did it. He was agenda item. Yeah, it was agenda item. Yeah, I said my piece at the beginning of the meeting. You got to find out who the white people are in your lives and call them out. Then then mayor, let me say uh Saturday, well, Friday was the 250th
anniversary of Paul River's ride. And Saturday, last Saturday, the day they had no kings rallies all around the country, was the day the 250th anniversary of the battles of Lexington and Concord that started the American
Revolution. Great days. Thank you very much, Tang. I appreciate that. Anybody else good in welfare? Just quickly want to add um two things. Number one, uh there was some talk w between the council and some residents that
those of us who feel that we are looking out for aspects of life and lifestyle here in El Patel as regards design scope of projects. There will be a lot of
disagreement, but I don't think anybody's looking to um poo poo anybody's dream. I'm not looking to poo poos anybody's dream. I think most people who spoke are
looking for a way forward that is a little bit more of a compromise than what it seems we're being faced with. Whether it comes to trees, whether it comes to design, whether it comes to scope, whether it comes to lot coverage, these are things that we have to
address. And like I said before, tonight might be the the first night of the rest of El Pertell's architectural and cultural and financial history. I think it's important that we
earnestly regard current residents, longstanding residents, their goals and what benefits them as well. Nobody's looking to poo poo anybody's dream house. And if you listen to the comments
tonight, the comments that were made were a little bit different towards the dream houses. or what were purported to be the dream houses. And at no point were the comments utterly dismissive of any of the
projects that were proposed tonight. Secondly, uh I missed the meeting at 4:30 and we're going to look to modernize code. We're going to have more sessions. The next one May 20 uh 27th and then another
one about Saturday that next Saturday. Another one about a month later. So a Tuesday and a Saturday. So I'm urging everybody who's actually still here. This is awesome. Make sure that the village of El has your email because you're going to want
to participate in this. Whatever tonight was is going to be continued in a way that we can shape. So don't miss your opportunities all four of you out there. Thank you council. I wish you a good night. Thank you Mr. Mayor. Thank you
very much. Appreciate anybody else. Good and welfare. Hearing seeing none um do we have a motion to adjurnn? So moved. Motion moved by Vice Mayor Martin. Second by council person. All in favor say I. I.
All oppose say nay. Hearing none. The council meeting regular council meeting for Tuesday, April 22nd, it's now April 23rd, is adjourned at 12:34