The regular council meeting for Tuesday, June 23rd, 2026 is called to order at 7:20 p.m. Going to have a moment inside the meditation part of the pledge. The regular council meeting for Tuesday, June 23rd, 2026 is called to order at
7:20 p.m. Madam, can I do that? Roll call, please. >> Roll call. Mayor Nickerson, >> here. >> Vice Mayor Martin, >> present. >> Council person Urban, >> present. >> Council person Lightoot Ward. >> Council person Winters,
>> present. >> Also present. For the record, Janice Jacobe, village clerk. David Rulesman, village manager, and Joseph Geller, village attorney. You have a quorum. >> Thank you very much. Appreciate that. >> Um, do you have a mot to approve agenda? Vice Mayor Martin. >> So moved. >> Moved by Vice Mayor Martin. Do a second.
>> Second by Counc. All in favor say I. >> I. Hearing none. Next is good and welfare. If you have anything to say, you come up. Um first and last name for the record >> and your address and the floor is yours. Good and welfare.
>> So moved. >> Second by Good. >> Alexandra Vasa, 120 Northwest 86 Street. >> Um, so today is officially nine months since the budget was approved that uh
was supposed to be discussed within the next month. And here we are still waiting for the update. And uh I understand that you know a new hire was done for the police and uh >> you know some items
>> just a reminder. Thank you. >> Budget was approved that uh was supposed to be discussed within the next month and here we are still waiting for the update and uh I understand that you know a new
>> 173 Northwest 88 street. I'm Denise White, >> right? Been here since I was 12. >> So, you know, >> the other day it came up that, well, it's not even the other day. People have been saying it. I haven't experienced it personally, but people have been saying
it. And I just want to know if there are other people in the audience who have experienced it because then that would be unfair. And I don't know about anybody else. Oh, by the way, oh, Hades in the World Cup, right? Hey. Right. Okay. So, um,
>> hey, yay, Haiti. Right. Okay. So, yeah. Um, I just want to know if other people have experienced it, but apparently there's a rumor on the street that says if you come to the city council and you talk a lot of smack, >> you know, and get on people nerves, they
then send out some goons called the permit people and they be permanent people and making people like a living hell. Now, me, it's never happened to me. We praying to the universe and doing my dance. You feel me? So energy wise,
it hasn't happened to me as yet. >> But you know me, I like to open my mouth and talk crazy when I'm ready. And um yeah, I don't understand that. Why would because people come and express themselves at the city council,
>> would anybody then overpermit >> kind of permit throw imaginary permits at people? >> Like I know we got a little but I'm not sure if we got a deficit yet. They said they approved the budgets. I'm not sure if we still have a deficit. I got to look that up yet. I'm not sure. But
>> why would somebody do that? Um there are residents with concerns about these things. and what concerns the residents. You know, my mouth just got to be it. It got to talk. And I know not everybody like when my mouth talk. I'm sorry for those people who don't like when my mouth talk. Um I see Miss and in the
back. I'm sorry for whatever I did, Miss Edna. I don't know what I did, but I'm sorry for what it is. I hope you say hi to me when I say hi to you next time. I'm just I'm just saying. I am still calling for unity. I don't know what's going on with Adam and the Newman people
and the church and the little farm. I I don't know what's going on right now. I think they trying to weed us out. >> But I'm glad that our, you know, callers are here, right? So, if something does go down crazy here at the city council, we can call out and call those people back. You know, all those people that we
had before, I'm sure they'll come back for us. But I am calling for unity. I am asking that if you have differences with your neighbor that you do find some way to work it out because they want us divided. So we got we do have to stick together. That is important. And I hope
that if there's a seat of government where people are harassed because of what they say, feel or express in public that that is not true. I'm hoping that is just a myth and just a rumor >> and that whatever crazy supposed to go
on tonight, you know, that just disappears. I don't I don't send my little prayer to the universe and um I'm hoping that everything works out for whoever it is that's seeking something tonight and that they're not persecuted because of their opinions. Persecuted
for opinions that sound like communism. But whether we're moving that direction or not, I don't know. I can't speak on that. That's not my business. But um I do say um please um to my council, let that not be the case because today me tomorrow you and what doesn't get passed
for somebody today because my council feels a certain way you going to need to get it passed someday and >> elections is coming up y'all. >> And I'm sure we have a lot of other people that want to run and what have
you and we all live here and we all want to be good to each other. So, >> let's be good to each other because it pass y'all. And I'm sure we have a lot of other people that want to run and what have you. And we all live here and we all
want to be good to each other. So, let's be good to each other. Amen. >> Good evening, Noel Pace, 206 Northwest 91st Street. Good evening. How are you guys doing? Uh, first I want to um
mention that uh again I know it's been a topic of conversation now basically since last fall. Uh I know it's not on the agenda, but I do think it's important especially from my prerogative of being a property owner right across the street
from it. But um as we see now the vacant Raider church lot, >> pretty small area actually. All right. Seems a lot smaller than it did when it had the big church on it. Right. With that being said, um I do hope that this council continues to look at the
community plan to look at the sharet to look at our future use map. Um, and to me, I advocate that, you know, if it's possible for the village, um, I know that they talked about putting a school there. I know that's been proposed. I think they also said if they can't do
that, they'll do some sort of live local. I mean, in this particular case, I I would like to see it as a park. We I think that um if you look at our neighboring communities, all right, which are our neighbors, but also in a little sensor competition, A Biscane
Park has a large community park. Miami Shores has large parks on both sides of Northeast Second Avenue. >> El Portal, a state of Florida bird sanctuary, a place where the original inhabitants had a nation here. I mean,
we don't really have any open space, uh, especially in such a great location that is now sort of upon us. So, I hope that that's considered. There's plenty of room for development over in Z5. Uh, I hope that, uh, all of that, the years that went into that community plan, the
sharet and so on is respected by the council. >> Changing gears, I do want to say that it only comes around every millennium. Okay. Once every quarter of a millennium is um you know our country, our
independence day, our birthday is 250 years here this year. >> This village used to have an annual Fourth of July barbecue. And as a military veteran and as someone who represents this veteran, the veterans in the greater community, as a
member of the military affairs board, I have to say it's pretty disappointing that I have seen nothing from our community in terms of celebrating our Independence Day, in terms of community events or barbecue or even anything. No
concert, no nothing. All right. All the other communities in the area have something planned, but El Portal, for whatever reason, is freaking like a like like a flatline, right? And um I'll have to say we'll be celebrating in a different community because there's
nothing going on here. >> So hopefully we can do something about that. Thank you. >> Nothing. All right. All the other communities in the area have something planned, but Elportal for whatever reason is freaking like like a flatline,
right? And um I'll have to say we'll be celebrating in a different community because there's nothing going on. >> Greg Steer, 120 Northwest 86 Street. Uh just a few general comments before addressing the elephant in the room. This is regarding communication and
transparency, which often feels somewhat lacking. For instance, public safety. I brought this up a month ago at the last meeting and was ignored. So I'll bring it up. I'll keep bringing it up. But we have not seen a monthly police report since September of 2025,
>> which ironically was when we adopted a budget giving that department a 26% increase over the previous year. We now spend over $2 million, most of it on salaries, and I understand we just hired another
officer. Is this a replacement officer or is this a new hire? If it's a new hire, why has there been an uptick in crime? >> There have been any homes broken into or cars stolen? We just don't know.
>> Same goes for the budget. Again, not a single update since we adopted it nine months ago. Most multi-million dollar enterprises compile a monthly at least quarterly P&L profit and loss statement showing money
coming in and expenses going out and how that compares to the budget projections. Are we overspending, underspending? How much is now in our rainy day unassigned fund which for eight years has been zero? Where is the annual and mandated
independent audit? Again, we just don't know. >> Finally, where's Waldo? >> We've been waiting for Adam Newman to present a definitive developers agreement for Soulful for months and get nothing but silence,
not even the professional courtesy of an update. >> Meanwhile, he has not paid a single dime to Elportal in the form of property taxes on any of his properties that he owns here. all have had tax lean certificates
issued, >> meaning someone else paid for them. >> He rushed in with a lot of hoopla, with surrogates to lobby the council and select residents in private and with opaque plans of constructing a high school using a 3D printer, but without
adequate parking or a sewer connection. But never once did he appear before the council, much less in front of us residents in a town hall. To me, this raises serious doubts not just about the validity of this project,
but about the credibility and authenticity of the developer himself. >> So, the big question is, is he moving forward? And again, we just don't know. >> I know this is not a full-time position
for the council. part-time compensation. Doesn't come with a training manual, although you do have a village manager, >> but it's a five it's a $5 million operation that affects 2,000 plus people. And it's not just about curating
our tax dollars. This is our home. We live here. And I think we have a right to know. And you have an obligation to inform us about what is happening of significant impact. There's no newsletter. There's no updates on the
website. There's no email blast. There's no flyers. We're operating in a vacuum. This is our home. My point is that establishing or improving on the communication flow >> would go a long way to building trust and confidence in our current leadership
>> and in the direction that the village is headed. Thank you. >> There's no updates on the website. There's no email blast. There's no flyers. We're operating in a vacuum. My point is that establishing or improving on the communication flow
would go a long way to building trust and confidence in our current leadership. >> Anyone else getting >> in the direction that the village is headed. Thank you. >> My name is George Alvarez, 165 Northwest 88th Street. Um, I thank the mayor and council for your time. Um, I've been
doing some reading recently and uh, it's um, one of the one of the many systems employed when looking at masscale projects in pretty much uh, any western democracy uh, is to look at what their
public safety needs are. Um so this is looking ahead and uh we all know that a lot needs to be settled and may be may very well be settled as regards some of the proposed and the not yet proposed projects uh by Mr. Newman uh as regards
uh the former Little Farm mobile home park. But >> when Little Farm was open, it was a significant a a a very large majority of our police calls. After Little Farm closed,
our number of police calls went down significantly. Now, uh, as Mr. Steer mentioned, some of the police records are not available to us at this point. it would be great to have them a little bit more readily available. But when we project um
whether it's infrastructure drain, whether it's demographics, whether it is something as simple as gallons of water per person per dwelling unit as we go forward into thinking about what we may be inviting into Elpr.
Um, one of the things that we can definitely definitely look at and project with is our prior police statistics. That is how much time per officer, how many how many
transgressions, how many violations, how many arrests happened in what used to be the former little form mobile home park. using those numbers, it should be fairly inferable uh able to be inferred. Did I
I might have just created a word here uh tonight. >> Put that in the dictionary. >> It might very well be able to be inferred what our public safety needs would be with that number of units
spread across that square footage. That in turn gives us a fairly decent although non-scientific and not exactly exact guide about other drains on our resources as well.
The long and short of it is we should be able to predict what we need to ask of any developer by using certain methodology >> that infers from any consistent methodology that we've
kept in the past and at the very least we should be able to see whether or not we are heading towards some kind of financial ruin. Now whether or not Soulful is built, whether or not um any number of live local units
are built, we're all going to be El Patel. We're all going to live with each other. We're all going to figure out how to make it work. Whatever the result, but I think we should shake every leaf on every tree.
>> We should look at the data. We should project into it as much and as reasonably as we can. And once again, uh, I would urge El Prattel to join the lawsuit along with Bal Harbor, Weston,
Miami Shores, 26 other municipalities questioning the enforcibility and the constitutionality of some of the live local provisions because if we are taken over by live local, if there is more live local square residential square
footage than non-live local and that and I'm including other tax exempt status then we will be in utter financial crisis and it's going to happen very quickly after the certificates of occupancy are issued. We have to be
thinking about this now. So, I urge uh I urge the council to consider joining this lawsuit because I think whether or not you have a problem with the soulful school and I I certainly have some problems and misgivings about
it. Um we also have a a very bigger play that's happening and as uh as as Mr. Geller uh uh uh explained to us in many ways last month, >> Tallahassee has figured out that it can
do El Prell better than El Pel >> and I think that we should fight that. >> Thank you for your time. I know I went over. Thank you. >> As as Mr. uh uh explained to us in many ways last month
Tallahassee has figured out better than El. >> Thank you for your time. I know I went over >> good and welfare going once. >> Yeah. Good evening. Merlin Brooks,
400 Northeast 90th Street. I I'm a bit late, but based on what the person that just got through speaking spoke about lawsuit, I think we need to consider
another lawsuit that we might soon have if we don't take care of it. Coincidentally, I came to the village about two weeks ago >> just in time >> to see a crowd of children coming down
the street. >> So, I waited for the traffic and then I came over and I followed the kids. They were going into the top lot.
I asked where the kids were coming from to see a crowd. >> Somebody say Miami Shores. I say Miami Shores. Why are these kids coming from Miami Shores to Alpert? >> Anyway, I came inside and I tried speaking to some of the
employees that should know what's going on in Alpert. Now, this has happened in the past 42 years. It happened before. >> And I was able to stop it.
>> At this time, Jason was the manager. >> It's happening again. And if we don't take care of it, we will have another lawsuit. >> What's going on is that the people that works here don't know everything.
Because when I questioned them, >> they said to me, "This is Albertal school kids." I said, "Elpert don't have a school." >> They said, "Yes, it's this such and such and such." I says, "Elpert does not have
a school." >> And I came in to question it >> only to find out that this was happening again. Maybe because I'm not that active. I don't see much. I don't come out here often, but that day I saw it.
We need to stop Miss Claudia's school kids from coming to our tots because if these kids, any of these kids get hurt,
that's our suit. This is not Miss Claudia Stodd. This is El Portal Toddla. And we that pay taxes here in Alpert will be held responsible
if we do not take care of this. I question it because I am a taxpayer and I'm foreseeing what is going to happen. Now if the village and the council is aware of this and is okay
with it, then we also need to know. Thank you. I question it because I am a taxpayer and >> what is going to happen now if the village council is aware of this
>> and okay with it then we also need to know thank you uh my name is Shantal Rodriguez I reside at 48 Northeast 86th Street so I think I'm going to take
a different type of strategy, okay? Because I always come up and I just reiterate what everyone has to say and you know again sometimes I feel that it's like falling on death ears. So I'm not going to do that. What I how I am going to begin is
trying to be the voice of reason and first of all saying what's going on? >> What is happening with Alport? This is not the Alport I moved to. >> This was a community,
>> serene, peaceful. We did things together. >> Right now, I just feel like it's like a hostile environment. >> Who's going to be the next person attacked for whatever the reason? And
>> as residents, I feel that yes, >> they should have the opportunity to voice their concerns. Correct? >> What might be a concern for one person might not be for another, but this is what this gathering is about to speak
about the village and things that are happening here. And um but I just feel like it needs we just need a different approach because it's not moving forward. On the contrary, >> we're taking one step forward and 10
steps back >> and there there has to be some type of resolution. We're I'm not opposed to development. >> Definitely not. I am opposed to development that I feel is not well suited for the village. Right. So
because it has to benefit whatever comes in has to benefit everyone. Not just one person but everyone right and I think that even the developer has to be able to meet people in the middle full disclosure
right transparency when questions are being asked why not be you know I'm not saying that all developers are deceitful which I think majority of are some are but that's just their way of doing business right but if
you want to move forward you definitely need to be honest to say because whatever is going to happen is going to happen whichever way it doesn't matter because people are going to find out right but let's just find a way to first
of all get along this is not the village of Alport that I've grown accustomed to I've been I've resided here since 98 so it's been a very very long time and I just feel I don't know I uneasy this is why you see people not coming to these
meetings because in actuality they're thinking well again everything is falling on death ears and now who's going to be what form of retaliation is going to happen real quick for speaking up but everyone should have the opportunity to voice their concern but
not be held for whatever they say right so you know be respectful again disclosure transparency that is all people want and I think that if we're able to do that and people are able to
understand and work together, we wouldn't have all of this back and forth. And it's sad because again, this is not the output that I've grown to to love. I'm not going anywhere because even if someone wanted to see me go, guess what? It's just not going to happen.
>> But we need to work together, please. Okay. >> Thank you. >> Thank you, Mr. I'm not good. Even if someone wanted to see me go, guess what? It's just not going to happen. >> Once
good and welfare going twice, good and welfare three times. Okay, closing out for good and welfare before I turn it over to the council. Um, as far as the police officers, uh, we we're down two officers, I believe,
chief. Three. We're down three officers. So, these are replacements. Um, >> okay. Yeah. So, these It's true. These are replacements. Um, these are this is not adding to the budget. These are replacements. We're good. These are
replacements. Um, as far as retaliation, I know I'm not a part of anything like that uh at all. So, I will look into that and if I see that anybody's a part of anything like that, then I'll deal with that. Like, I think
people that know me know that I'm a fair person and I believe in equality and fairness. So, something like that I would never stand for if anything's happening like that. as far as uh the Fourth of July uh ever since part of part of the well
the issue is this um and I'm going to do something real quick uh in real time also but uh the issue is this when it comes to Fourth of July is that >> from the first year um that I was mayor
and even the first year madam clerk for the first like two or three years >> uh the public affairs budget cut totally. It just came back like a few years ago. And so what I have done every
year um is continue to try to put out all of those little flags that I do um in the front yards. I try to do that. Um it takes a long time for me to do it house to house is very tiring, but I try to do that. Um every year though, people ride through because I will put out the
flags and then I'll come out the next day and they'll be blocks of the flags gone. So people come through and steal our flags every year. Every year I'm ordering about 300 to 400 more flags
because during that week because it's it's hard for me to put them all out in one day. So it takes takes me like five days to six days to put them all out. And within that time people that are driving through Alberta, they steal our flags. I tried to at least do that um in
every household. I just through Amazon ordered another 400 yesterday. >> So, um but let me show you guys this in real time so you know that um just because something is not happening doesn't mean it's not being worked on.
So, let's do this really quickly. Probably the first time in Elpert history, >> my friend, question for you. >> Yo, talk to me. >> The jumping house inside the park or outside? >> We could do it outside the park. So, this is Fourth of July. So, we're going to do the morning
>> so I can leave it over. >> We can do Well, there's not a lot of room inside. There's going to be a lot of kids running around inside. So, it's better if we do it outside up until it >> What time you think you're gonna be? >> I'm thinking. So, I'm trying to do a
early Fourth of July. So, I'm trying to start maybe around like 11 and finish like around 3. What time do you need them for your next event? >> You can finish around 3. >> I go with you. >> Okay. I'm going to call you tomorrow. All right. We'll go through the detail. I'm going to text you everything. Okay. >> You can do inside the park. We close it
down and I leave it overnight. Uhhuh. >> Okay. All right. Thank you. I'm gonna call you tomorrow for all the details. Okay. I'll text you. Okay. Take care, my brother. Okay. Bye. Bye. >> There we go. So, I am I have been planning something over the 4th of July. Um using sponsors because we really
don't have the budget. >> Okay. So, I'm working on that. Um as far as >> Yes. So, I've been inquiring about the the soulful property taxes >> and um >> been looking into that. So, I've been
going through the process and what I'll do is I'll put out something about the steps because they have a certain amount of time that they're able to avoid the taxes until they're penalized. Um,
and that time, somebody told me the time, I forgot it was text to me. Um, I can't find it right now, but there's a certain amount of time before they're penalized. So they have a certain amount of time that they're able to be non-compliant >> and then from there after that certain amount of time is up then we have our
procedures and steps of what we do to hold them accountable. And so that's what that is. Up until this point when I was looking into this I don't believe they've reached the non-compliant time period. They're coming up close to it.
up until this point >> I don't believe. >> So when I've looked into this, they haven't bypassed a time to where we can actively do something up to this point. They're almost there. So for us as far
as like what the what is the village? What are you guys going to do? Village, what are you guys going to do? What steps are you guys going to take? The steps that we're able to take, they haven't reached that point yet from the meetings that I've had so far. >> Okay. Now, I'll double check with that,
but that's what came out of that um from those meetings. >> All right. That I had about that. >> So, I've been having meetings about that or had two meetings about that and that's what came out. So, I I'll get more clarification, but I'm just letting you know what happened with the two meetings that I had about it.
>> All right, with the two meetings that I had um if I got wrong information, I apologize. And like I said, this will be something that I'll continue to dive into um joining the lawsuit. I've also talked to uh a couple other managers and mayors
um from different municipalities. Two of the I think four or five that you guys named. Um, if I got wrong information, we don't have a problem of joining the lawsuit. What I will say is is that we just have to make sure that uh we can hold up our end of what they're asking
of us or requiring from us. When it comes to the tot lot, >> listen you all, the tot even though it's over tot lot, it's an open space. I will say that um individuals from all over Miami day county, even from out of
state, um can go to the tot lot. You know, I understand that the top lot can get crowded at times, but there's no park or public park in any municipality in Miami Day County where um well, there's a water park, but I mean a
regular public park, right? whether it's Morningside or public park in Coral Gables or Coconut Grove where they stop and they say you can't come into this public park um whether it's a city park or a county park or municipal park or things like that right so we just have to be careful with that and I would just
say also that um the school in question uh is an Elort school so uh those individuals are going to school in Elportal um those students that's kind of all that I have uh anybody else from the council want to
jump in. >> Hey everyone, can you hear me? Oh, there he goes. Thanks everyone for talking today. Always appreciate it. Um I wanted to answer some of the things that I heard. Uh just a few of them. Uh Denise White. Uh I am chair of code enforcement. I'm always happy to sit down and talk with you. I hope that no
one is abusing the power and if there is, I would like to find out immediately. So please schedule the meet with me. Um, I do regularly talk with residents about their code enforcement issues and I I always try and help resolve it in the resident's favor and
uh I would like to think that no one's abusing that power. So, please feel free to reach out. Um, Colonel Null Pace, um, did he run out the door? Oh, there he is. Hey, I agree with you. Uh, Fourth of July, all the different events that we used to do, it was it was great back
when Miss Claudia had the events going on here. Um, I would love to see it again. Maybe we can put some uh budget line items in this October so we can bring back all these things that used to bring people together. Right now, everyone only gets to get together during these meetings um unless they're
meeting on their own. But I would like to see some city events and I think that's important to the health of any community. So, um I I I'm there with you, brother. And if you want to talk about it, I will help you work through it or we can help each other. Um let's try and make it happen. Thank you.
Appreciate your service as well. Happy 4th of July. >> Um so um did hear someone say that um it's not the village that they're um they they bought into. They're not they're not seeing the the hospitality, the the
kindness, the neighborly like that they used to see back in the day. And I think this is something we can assist with by bringing back some of the fence and functions again. Get neighbors to be neighborly with each other, not just sit at home and not meet each other. Um, I think that's one of the things I loved about moving to Elportal over 15 years
ago. I had my neighbors leave cookies at my front door and and bring me wine bottles and they were just the most welcoming people all the way down the street. And you would not see this in other municipalities. I want to bring back the neighborly vibe here at Elportal. So, um, I think budget for
more events would be nice, but also if any neighbors want to throw their own events, I I think that's always wonderful as well. Um I've done a few of those and just invite um anyone on the street who who lives here just to get to know each each other's neighbors. Um
last part here. Um, I just found out recently that I guess they're having a special meeting next week because they forgot to put something on the agenda today about the uh uh I think it's the
um resolution for confirming the budget or the line item for the police officers um to get the the raise that was negotiated for the last few months with the manager. Um, uh, I'd like to hear some more about that since I'm not going
to be able to be here next week because it's a special meeting and I guess it's not even being told to everyone yet. >> So, that would be the last thing I'm going to say. Thank you. >> Anyone else from the >> Yeah, just one comment um, regarding um,
>> the budget essentially, I guess, but as it pertains to committees. So, I take a lot of council person winter's points and um I would uh I would hope that we would start to have a couple of meetings each month again
perhaps like we used to have meaning one round of committee meetings uh culminating in the uh general council meeting at the end of the month. So, uh, specifically admin and finance, uh, public safety, uh, addressing the, uh, police department issues,
um, all the way down to including the public affairs committee, which, uh, uh, which would address, um, the transparency issues of planning for uh, marketing essentially around the village, our our I believe it's
important. we need to protect um for lack of a better word uh brand and what I mean by that is uh as we move towards more stringent uh codes regarding new construction things to that effect trying to align
our code with the sharet updating the sharet to begin with all of these efforts uh uh that's what I'm speaking to >> thank you very much anyone else Just a few quick comments. Uh I think I
vaguely remember a couple years ago I I think there was a law passed that uh those who are reporting code violations cannot report it anonymously. So whomever it is that is uh feeling as though they're being retaliated against. I mean I think there's a pretty there might be a way to speak to the manager
determine if that is actually happening. Sometimes we perceive things and that is not the reality. But just in case there is a way that we can make sure that no one is behaving in that way because of course we definitely um wouldn't support that. This is a place where you are able to come and voice your opinion and you
should feel safe in doing so uh and supported and maybe not your position but in uh the security of the fact that you can be here and tell us what you think and why you think it. Um, as far as the budget, I do remember what the mayor remembers. I think it was during
COVID, we weren't necessarily engaging in any sort of uh communal gathering. So, at that time, it made sense to slash that budget. But something that I've learned in talking to so many of my neighbors is that um those events were
fond memories for you were important in shoring up the fabric of the community. And I think it's something that we really need to invest in because we've heard over and over again that it is a priority for those who live here. Um so I appreciate the mayor taking the effort
to go around and put those flags out. My boys love seeing it. It's beautiful and the fact that you do it alone is a labor of love. So you should be commended for that. Uh and in addition to that, uh I support your efforts in gathering folks to do whatever it is
that you have planned on July 4th. And I encourage you to probably look to your other council members because maybe we might have uh connections and resources that might add to this great event that you're planning and we definitely support you in doing so. Uh and then the
last one, the tots usage. You know, I'm a little bit out of the tot lot stage, but I do think that Miami Shores had some sort of limitation on the usage of their tot. Uh, but I could be wrong, but I'll double check on that. I do think uh
it is a great thing to be welcoming, but I also want to reiterate that I think that there needs to be some sort of use policy that prioritizes the usage and enjoyment of residents of the village of Elportal, right? because uh it is in
Elportal. It is through the efforts of the council that this is here and it is a resource for everyone. But we definitely want the residents of Elportal to reap the benefits of uh the day in and day out labor of love that is being a member of our community and
pouring into this project that we are uh endeavoring on which is to continue to make Elportal uh a marquee village. So whatever we can do to that end, I support it. There needs to be a use policy regulating how we use it for birthday parties, what who gets
priority, what are the discounts uh as far as fees that residents of Elportal get for using the facilities. Um and I think the faster we do that, the better. So those are my comments. >> Absolutely. Thank you very much, Madam Vice Mayor. When the clerk gets back in,
I'll have her address the special meeting situation because I was not involved in that. that was between the clerk, the manager, and the attorney. So when she gets back in, I'll have the book. >> Um I would so on that on that topic, I would just like to say that my understanding of the reason for the
special meeting is uh because with trying to make the meeting manageable essentially. And so we should be expecting to have two rounds of meetings each month like I said. And so in the uh in the environment of committee meetings
on essentially a monthly basis matched with the general counsel on a monthly basis that would essentially uh alleviate the need for special meetings as it were. And so uh my understanding as my discussion with the manager was uh
that it is simply to uh create a manageable uh plate uh for these meetings so that we could achieve some productivity. >> Yeah. So, and I know it's about the contract and it's a contract. We have do a resolution for the contract contract
that was discussed last time. Um, but uh madam clerk, if you can for a second >> just very quickly, um the special meeting >> that was brought up, why are we having the special meeting? Um, it was I know it's between the manager and the
attorney, but the reason why we're having a special meeting is not like it was planned before. It was because of >> No, the special meeting came up right on Monday. Actually, this Monday, which Tuesday? Yeah. >> This Monday >> came up yesterday. Yeah. >> And that was because what? Something couldn't make the agenda
>> because something was not ready for the agenda. No. >> Okay. And so you guys and and so you you all know that. So if we plan a meeting and we put out the items, it has to be at least two days, at least 48 hours before the meeting. So something that is introduced from them on Monday, today is
Tuesday, it can't go on today's meeting. >> And so it just can't do that. And so that's the reason why, correct, the special meeting, >> it's a money, it's a money item, so you guys have to vote on that. >> And um it was presented, >> I mean, yesterday to be put on the agenda for but
>> No. >> Okay. But wasn't ready. >> Doesn't make a lot of sense because the manager mentioned last meeting that he negotiated the terms. So, if we had this known last month, why are we waiting to a day before to ask to put on an agenda?
>> Let me let me jump into this. Um, >> we had a a Junth was a holiday that we did not work. Um, >> I take full responsibility for the item not being able to be put on into the agenda.
I take full responsibility for the item not being on the agenda. Um, miscommunication between the attorney and myself in terms of the the language that needed to be added to to the contract to make it legal and um I ask
for your forgiveness. Uh this was something that was totally you know due to my newness in this position. Uh but um that's exactly what happened. I thought that I had enough time to be able to include it into the uh
resolution and it didn't happen on time. So, we were all, you know, distracted by other things that we had to tackle and uh it did not get into the agenda on time to be able to get to you
with the 48 hours that it required. So, it was a legal process that I did not adhere to. Go. >> Thank you for the information. Madam Clerk, can I ask you a question? >> Um, what is the cost for us to have a meeting here? Do we have to do something
with the Miami Herald? Are we supposed to like notify? >> Not for that one specifically. >> There is a camera cost, but I'm not too sure of it. That shouldn't be a long meeting. It should be something you guys remember when you guys come here, it's to do the business of the village. The business means you guys have to do your homework and study with whatever material I send you and then you come
back with your, you know, educate yourself with the item and all that stuff. >> Our notice by law, do we have to put it in newspapers or is it just standard? >> No, the notice by law that you need to put it in the newspapers and ordinance or anything that comes out of the PNZ
and other I think the attorney's more uh he's more involved in that situation which what has to be noticed or not. But for my concern, it's ordinances that have to be read the second part and it has to be noticed. Not the hearing any any public meeting has to be noticed.
It's not like you have that's sunshine. That's a sunshine. >> Thank you so much, >> attorney. I mean, council person. >> Uh yeah, just quickly, I just want to say that uh if you could envision it, there's essentially an infinite pile on
top of each and every single agenda. And so it is uh my belief that if we can get back to a uh committee uh schedule now it used to be that we had three weeks of meetings each month, three Tuesdays
because we had six committees I believe. So I would certainly support uh you know combining committees into you know a three committee structure or something to that effect where we could accomplish it in a Tuesday evening. uh because we used to have uh committee that started
at if I'm not mistaken 6 pm. The following committee was scheduled for 6:30 regarding uh regardless of when the previous committee ended its meeting. And then the third committee would be scheduled for 7 p.m. again regardless of when the committee previous would end
its meeting. So uh you know it was Tuesday to Tuesday. Uh I believe it was first and second week of each month. Third week was a break. Fourth week again general council meetings. So I would certainly support uh combining those previous six committees into three to accomplish a single Tuesday evening
event where we could create uh the uh you know uh idea of some sort of efficient mechanism to filter that pile through the agendas which again would alleviate uh the uh need for uh special
meetings. >> Thank you very much. Um There's nothing else from the council. We're going to move on. Okay. All right. Moving right along. Um, we're going to skip the swearing in for now because police are they back? Are we good? Okay. I know they were dealing with something
outside. They're always working. Okay. Um, so Chief, if you can come on up. Are we good? Go to go to the mic, chief. Go to the mic and just kind of say introduce him and talk about him really quickly.
>> Ladies and gentlemen, good evening. I'm uh happy to be swearing in our newest member, David Roledo and uh we had sworn him in a couple weeks ago. We got him on right away. He's a good opportunity for us to take on and uh without further
ado. I'm going to go ahead and swear him in again. >> Ladies and gentlemen, good evening. I'm happy to be swearing in our new sworn right away. opport Good. All right, Jacob. Let's get some
pictures uh with with them and then we'll and then we'll come down to Please stay home. Perfect. All right. Do I have a motion to approve consent agenda? Moved by council person like foot war. I second.
>> Second. Consent agenda. >> Second. >> Second by council person um Winters. All in favor say I. >> I. Oppose say nay. Hearing none. All right. So, moving right along. Agenda item H1 um Northeast 86th Street and Second Avenue left hand left turn
restriction. Uh counc >> so um >> something that I've spoken with >> the consent agenda was approved. >> Yeah, it was approved moved by counc second by council person. We're on H1.
So, I've spoken with many residents of Sherwood Forest over the last 15 years about this uh no right-hand turn sign. I mean right-hand turn only sign, which basically says you can't take a left-hand turn where you going from west side of Sherwood Forest to the east side
towards Second Avenue on the uh Village Maintain Road northeast 86th Street. Um, as far as we can tell, we can't figure out the purpose for the sign. Um, I've talked with every almost every resident
in Sherwood Forest and I 100% believe the sign um either should be modified or removed. If the sign actually does have an intent or a purpose, like protecting a school or stopping people from cutting through during rush hour traffic, it should be modified so that it basically
controls during those hours. Otherwise, the resident should be punished from being able to use the street. Um so my my position is very simple. I just if there's not a legitimate safety reason for this um sign that is located on a street that is maintained by the village
uh then we should remove it. If there is an actual reason for it, it should be found out and we should modify it according to that. Um, and the reason I brought this to the council agenda instead of working it behind the scenes is I did try to contact the manager
about this a few times and I h did not hear back. So I asked for it to be put on the agenda so it's on the record. >> Um, and I'm happy to take questions about it if anyone >> are they allowed to >> uh in a in a second. Let me just
>> I'll get you one second. Um, >> we'll open it up to you guys first, then we'll come back to the council. So, let's open up to the to the residents. So, come on. >> Just come on up. Come on. Say your name, address for the record and and and go ahead and ask. I know, I know, I know, I know, I know.
>> Again, Shantel Rodriguez, 48 Northeast 86 Street. Um there's the same thing in Miami Shores. And what they do is that the sign has specific time. So, Monday through Friday, usually it's like during school hours and when it's the busiest.
But after that time you can turn left or you can turn right. So for example 103rd Street um going to northeast northeast 6th you can only make a left turn at a particular time of day. >> So Monday usually and it's and I guess
because they have both schools there and and I do I can tell you because I live on 86 street and usually going to work I take 86 I make the right turn. It is a really really busy and when you have a lot the flow of traffic on each side during rush hour it can be dangerous but
I think after those hours yeah why not for sure because then I have to go down northeast second make a U-turn and then come back again. So I would really appreciate that. >> Thank you very much. So, I had the exact same idea as you and I went all around Miami uh in Elortell
and I found a sign on North Miami Avenue and 89th Street where we actually modified it ourselves and it says school days 8:15 to 9:30 and then 3:30 to 4:30. So, we have pre-one this before on others and I understand.
>> Thank you. >> All right. So, so we're still in public we're still in public uh comment. Um then we'll come back to the council for responses. Anybody else from public? >> 8:15 to 9:30. >> Uh George Alvarez, 165 Northwest 88
Street. I know I'm the one who likes to talk about or one of the many who likes to talk about home rule. >> Is Northeast Second Avenue not county road? >> Northeast Second Avenue would be a state road. All other roads are county roads. Northeast Second Avenue, North Miami Avenue or state. >> So there would be a process.
>> There would be a process. Okay, we love processes here. >> I I I do I do I'll speak on that also. >> Well, I for for the record with Council Person Winters and uh Mrs. Rodriguez, it sounds like a reasonable um suggestion. Thanks, guys. >> Thank you.
>> And isn't process spelled T A L L A something or other? >> Anyone else from the um >> from the audience? Good and welcome, not good and welcome, but public public comment for this item. >> For the record, Council Winters and this is Rodriguez.
>> Hello. Good evening. Thomas Pium, 205 Northeast 86th Street. Um, I live three houses. Um, you know, from that corner, that intersection we're talking about where this sign is, uh, on Northeast 2nd Avenue and the combined 85th and 86th Streets. Um, I actually brought this
issue up to this public forum on the record, previous administration, previous manager Lou, when the conversation was about speeding enforcement on Northeast Second Avenue. I said, "That's great, but also right here we have a right turn only sign that never gets enforced. What's up with
that?" And Google Maps, if you put in an address, it always tells you turn left. It's not obeying that. That has never all these years, that's never been codified into the default uh GPS system that everyone uses to navigate. Um anyway, I brought that up on the record
over a year ago. Again, previous manager. Um then maybe about 3 or 4 months ago, I contacted um Mayor Omar cuz I was shocked. I was making a left-hand turn there and I got pulled over by an Elportal police. Um they gave me a warning um or after they checked my
ID and saw that I lived, you know, in Elportal on 86th Street, they gave me a warning. I said, "Okay." Um but this is strange. It's never been enforced before, but since it's being enforced, you know, I will make the detour, which means I have to go around the corner. Let me pull up what street that is.
>> Hold on one second. >> Thirdvenue. >> Most likely. Yeah. So, yeah, the street that uh is perpendicular to Sherwood Forest. Yes. Northeast Second Northeast 3rd Avenue. Exactly. So, I have So, what I've been doing the last three, four
months, since ever I was given that warning was travel an additional 5 to 10 minutes to make a left-hand turn on Northeast Third Avenue to then make a left-hand turn on Northeast 87th Street, which by the way, the light there doesn't have a left turn uh signal. So,
if you're there trying to make a left turn, you're going to have to wait till all the oncoming traffic comes because there's no left-hand turn signal at that stoplight. Um, further, you know, if and when whatever development occurs at the Raider Church property
>> where the current proposed exit driveway is for the Soful School, for example, >> me and everyone on my two streets are going to have are being forced to make this detour left onto Northeast 3rd Avenue and then left onto 87th Street,
>> which is already super busy because we have Miss Claud's Village Academy there. We have an unknown to be determined development that's going to open up across the street. So, this uh left right uh right hand only turn sign that we're discussing is forcing these
detours which again hurt traffic um and all for really no effect because there's no left-hand turn light there. Uh furthermore, there's perfect visibility coming from Northeast uh 85th 86th Street turning left onto Northeast Second Avenue.
um if it was dangerous, people I mean of some people probably are going to try it but probably not as uh frequently as now. I've also brought up uh before we have no crosswalks there and that makes it very dangerous as well. So is it a right turn only because we don't have crosswalks there? I doubt it but you
know I don't I don't know uh you know kind of what the route of the rightand sign there is. But this, you know, it's been creating aggravation for for a long while for many people on these streets. >> Thank you so much.
>> Anyone else with a comment for this item? >> Going once. >> Going twice. >> Three times. Bring it back to the council. >> Go ahead. >> Sure. So um
>> so after 15 years thereabouts uh living here um I have had jobs where I have driven from anywhere from um I don't know Sarasota to Naples to Key
West um Orlando Jupiter Bokeh. Spent a lot of time driving around in Bokeh Palm Beach. Fort Lauderdale, Los Solas, uh all parts Miami Dade County. Uh
it is my understanding that as a resident of El Portal, the most effective way to ensure that outside traffic is not uh using El Portal as any
kind of a cutthrough or otherwise shortcut. So I do take shortcuts. However, you got to know the secret about shortcuts. Shortcuts are not about saving time. It's usually net minus two. Whatever it is you're measuring, hours, minutes, seconds, doesn't matter. It's
net minus two on shortcuts. I have more than I don't know 400,000. It's got to be more than that. It's got I got at least 600,000 miles driving across this country at this point. I got the nickname the driver at 16 and uh and uh
gone crosscontinent several times. etc. I have to say that uh creating a labyrinth within Elporttowal is the way to go. You will create an environment where locals understand the traffic pattern and can navigate it easily,
efficiently and safely and a pattern that is confusing to outsiders that will prevent them from wanting to attempt it because it is uh you know statistically uh matrically uh impossible. Right? So
uh or at least it becomes an evident self like a negative a net negative. It's an evident net negative for outside traffic. And so in that spirit I have to say that preserving this uh no left turn
out of 86 street is uh is obvious um and mandatory. >> Thank you very much. Anyone else from the council? Um, just a quick comment on that. I do think that Councilman Herbal has a point. Uh, that doesn't negate whatever
frustration is being experienced by those who live in close proximity to the sign. But I I do think that a lot of planners will tell you that the more I guess the the more restrictive the
less ease the outside driver has in kind of cutting through your streets, it makes it such that you will have less people traveling in your on your streets in total. Um, I do take very seriously something that um, Councilman Winter
says, which is that he is unsure as to what was the initial purpose of this being a left-hand only sign. Um, so I'm interested in that in kind of engaging in the analysis as to the pros and cons of of doing this. So, does the manager
have any idea or has had an opportunity to to assess what the initial thinking was behind the installation of that sign? >> Yes, absolutely. >> Um, I just wanted to clarify the record. I did act on on your request. Um, as you
can see the date of this um email uh that was generated by the chief um to the person who manages uh traffic conditions and these kinds of things for the county uh responded on
u April uh 23rd. Uh so there was the moment that you asked me for for this I I responded but the county as all of those of us who have dealt with them they tend to take their time in responding to requests of this nature.
Um even to this point uh she's not sure as to when they will have a a u a response whether they will uh agree to make this change. Uh the second thing is that there is a study going on um
conjointly with this um assessment and uh they will be able to tell us um for those of you who may have um I I don't think that the public has a copy of this email but I will make sure that we have copies and everybody gets it so that you
understand exactly what the thinking behind this because this something be began on on 2010. Uh we're talking about 15 years that we have been making that request that requirement of no left turn at that
intersection. So um I'll just ask you to bear with with us until the results of this stud this additional element of the study is um is obtained and then we can proceed according. We don't We are not
proposing that we drive more. We are proposing that we drive safely. And I think that this was the original purpose of not having a left turn at the street because the traffic uh coming
north on on uh six northeast second was having the number of crashes to include this uh remedial um effort. So that's basically what is happening here and and I just put in a request to expedite uh
this assessment so that uh we can give you all an answer that uh we fit um what you would like to see there which is not having the traffic stop. Sometimes uh for engineers we don't agree with them
because they they follow different rules than just a visual assessment thinking that this is the easiest way to do things and they have their training and their expertise that they apply to these things and that's why uh this thing has
been in operation in in in act uh for the last 16 years. Is there something you'd like to add? >> Just very briefly, um the fact that 85th and 86th they're maintained by us. First of all, the maintenance obligation
doesn't necessarily give us control over the traffic pattern, but any way you look at it, the turn is onto Northeast Second Avenue. So, it's not within our ability to make a final decision. As the
manager's done, we can ask that it be looked at, but it's turning onto a pretty major arterial road in Northeast 2nd Avenue. Uh there is just it is just not something that we can do without
permission at least from the county. So, I mean, we could talk about it as much as we want, but that doesn't change the fact that it requires county permission and we've asked them to study it.
>> Thank you so much for the response. It first of all, I neglected to review this email before, well, when I sat down, I saw it, but now that I review it, it does seem to um really answer some of those questions. I'm looking forward to
seeing what the report holds. It sounds like there is an issue, but the issue isn't necessarily ripe at this moment for analysis and any sort of uh meaningful determination from the body as to how to proceed. And if we did decide to proceed, it seems like there's a multi-step um process that we would
have to engage in and uh determine whether or not we would want to engage in that either. So, thank you for taking the first step. Um, and I understand from the people that are living close to the sign that there is an issue, but it doesn't seem as though it is quite ripe yet for us to make a decision.
>> Thank you very much, Madam Vice Mayor, Council. >> Uh, yes. So, uh, so I understand I can be uh both arrogant and presumptuous sometimes, and I do apologize for that. Um, I want to uh uh explain extremely succinctly that the reason that that
should not be a point where a left-hand turn is permitted is for two reasons. The first is that the proximity of 86th to 87th which is a device controlled intersection meaning traffic
light. It creates an expectation for drivers passing through that anybody essentially thinking anybody coming out of 86 turning left will be a surprise
to almost any vehicle traveling north on Second Avenue. This is not my opinion. This is I will put this into a physics model of vehicular momentum to
help you understand at feet per second of a car traveling at 40 miles an hour which is within the limit of what people expect to be moving on Northeast 2nd Avenue. It is the upper limit but it is within the limit. 40 miles an hour feet
per second. vehicle weighing 3,000 lb, 3500 lb, 4500 lb. >> And so, additionally, the arch of the bridge over the canal ahead of that turnout.
Now, I drive a 5.6 L V8 Triton. It's an automatic. I shift gears in that beast. It's called the beast. my mo my uh I uh also have a rental car right now. >> It's a Mirage.
If you understand the ride height difference between a Mirage and a Nissan Armada, you understand that we're talking multiple feet, like an
almost twoft difference in ride height. And so people in low profofile vehicles, smaller vehicles, low road height vehicles will have a significant
decrease in field of vision ahead as they go over the bridge. Now, I grew up in a place that had 200 foot valleys and I drove through the Rocky Mountains a whole bunch of times. We don't have changes in elevation like that in Miami.
For 25 years here, I've always said what I missed the most about living anywhere else is really elevation. If I ever move somewhere else, it's going to be for a change in elevation. So you don't think of it often, but the but the elimination of forward field of
vision in a lowrise vehicle coming over that bridge coupled with the close proximity of 86 to 87th which again is a controlled intersection that you can see from 71st Street in terms of I can tell you what color the light is.
There is an expectation of vehicles traveling north that creates a momentum of mass that has to have a physical address meaning a solution to
changing its momentum. How much time do you have to break and who's pulling out in front of you and all of this? We are going to see an absolute increase in t-bone accidents, which are some of the most fatal if we
allow left turns out of 86th Street. I don't mind asking the county or state for anything. I am happy to petition them for whatever we should ask. If we need to ask, we should ask. If we need to tell, we should tell.
But at 86, it is a physical problem. problem. It is a problem of physics. It is an equation of momentum and mass coupled with behavioral psychology
of people who are conditioned to only look at traffic lights. >> Anybody else from the council? >> Yes, I thank you so much. Um, so on the council, we represent the will of the people. It is our jobs to bring what the
people of this village want and what they believe. And I know the reason I brought this up is because I had 100% approval from that short force area that they would like that sign either modified or removed. Um there was a few things I I heard that I I want to speak
about. Um, manager, I appreciate you giving us the chief's email about removing the sign, but would you mind sending me uh or forward me any emails that you've had in the correspondence as well since that time period? >> Thank you so much. Um, Mr. Pulling
mentioned something that uh stood out to me. Uh, he mentioned that he got pulled over and was received a warning. um he's he's lucky because I have talked with multiple residents that live on 85 East that did not get so lucky and they were actually given tickets there. And they went to talk to me and they said,
"Charlie, I've been driving this street for 30 years. I've been driving this street for 20 years. We've never followed a sign." Well, I said, "Well, that's not something I'm supposed to know about, but I I will tell you that's, you know, that's worrisome." Well, we we don't see accidents here. We
see accidents on 87th Street where there's no left-hand turn signal, where there's been a few accidents have run into a school there. Those are where this accidents have happened. None of the accidents have been happening on 86th Street and Second and we all been turning there for our entire lives. And I'm like, well, again, don't tell me
this stuff. I'm keep my ears shut, but th this is important to understand. Are we actually benefiting the people here or are we trying to make rules that benefit ourselves for liability reasons? In this case, I don't understand why the sign's there. And if there is a reason
for it, I believe that the sign should be enforced. Um uh but because I don't see a reason, I want to put a motion forward and it's going to have two parts to it because this is something that's going to have to go through county first. Um, the motion would say, "I would like to make a motion to direct
that the village manager determine whether the current left turn restriction on 86th Street and Northeast Second can be removed, and if so, to proceed with the removal. If it is determined that the restriction serves a legitimate purpose, such as school related activity, peak traffic conditions, etc., Then we should further
move that the manager coordinate with the appropriate agencies to modify the restriction so that is limited to those specific times rather enforced 24 hours per day. >> I'll call the bluff and second the motion. >> So we have a motion uh we have a second
for the record. Repeat the um the terms of the motion. Okay. >> Terms are the motion. the manager will uh determine whether the current lefth hand restriction at A6 and second can be removed and if it can be removed proceed with it but if it is determined that the
restriction serves a legitimate purpose such as school related activity peak traffic conditions etc then I would move that that the manager coordinate with the appropriate agencies to modify the restrictions um to work with those agencies um so that it's not a 24-hour
per day sign All right. So, that's the motion and that's the second. Before we get to that, let me just say something really quickly. >> Um, >> I'm not against this necessarily being on the agenda. So, when Council Person, so you guys know, uh, the mayor sets the
agenda, right? And I I said I work with work on it with the clerk. And so, last Tuesday, um, which is I'm kind of happy we got to this point in a way because it brings more clarity to me. Last Tuesday when this was first brought up um in my
return email I said um are we voting to decide whether we should get rid of the left turn or not? Have we already received permission that getting rid of the left turn is acceptable by the county or would we be voting on something where there is not a
possibility that we can achieve what we wanted through an approval vote? And so I was kind of making the argument that I thought this was coming to the council very prematurely because in my mind I was thinking that um which you he just kind of made that most but I was thinking that well
>> why don't we discuss this I feel like we were going to waste time. I said why don't we discuss this when the counties already said okay you guys can remove or can adjust the no lefthand turn. So with that information, then we would come here and then vote on as a council, do we want to remove it or do we want to
adjust it? But I figured that putting it on the agenda today, we're just kind of doubling up the same conversation that we're going to have to have when we finally get the um permission to remove the sign. Now we have to come back and do it again and decide as a council if we want to remove it or not. I just
thought it was very premature to come on. But I did understand with Council Person Winters if he felt that the manager wasn't being um wasn't being >> wasn't answering him back, put it that way. And then he said he felt like he
wanted to bring it to the agenda for that particular reason. >> Uh but I just kind of felt this was premature. But I do understand councel that he wasn't getting the responses that he wanted. Um that being said, any other questions or comments from the council? Go ahead. >> I have a little bit of a comment. I do think making decisions like this is a
tad bit irresponsible. You do have to do your research and know the why behind it. uh so that we can properly assess whether or not it is a safe thing to do. Proving a negative is difficult, right? We don't know how many accidents have been deterred or prevented by having
that sign up. Um definitely I think it's persuasive to have the anecdotal evidence of individuals who live on that street and do a particular thing. We can take that into consideration. But for us to essentially how I understand this motion is not just hey manager please
provide us with this information. There's an action item that's also attached there which is if there is not this information given proceed with removing the sign. I think that that is grossly irresponsible. I would hate for someone to do that to me and my kids if
there was even a remote risk that um I would have them in the back of my car and there would be an increased likelihood of being t-boned. Trust me, I would take the 5minute extra ride. Um I think that it is >> it is hubris to assume that we know all
of the things. We do not know how many accidents have been deterred. We don't know the behavior that will result from having that sign removed. Whether or not there will be increased usage of that street, increased likelihood of, you know, folks driving recklessly, using it
as a three-way. I think that this is irresponsible. I'm only one vote. But I do think that to be a reasonable um measured, effective legislator legislature, you need all of the information. We do not have all the
information, but the information is available. If we wait a little while, we will have the information and then we can make a reasonable decision. So, as the motion stands, which is a motion that says, "Hey, if you find this out, manager, proceed and act, it doesn't say
to bring it back to the body." Um, really hesitant on it. Um, and I would really hope that the other members of the council would uh just take a pause on this and either defer it or say no to the item because we are going to get the
information and then we can move I think in a more measured um a measured fashion and it might land the way that Councilman Winters wants it to land. That's fine. I just think we should be realistically and soundly
looking at all of the information that we have. >> Any other last questions or comments from the council before we go to a vote? Do we have a prepared answer from either the mayor, the attorney, or the manager as to whether or not the possibility of
the front part of this motion would even be conceptually uh possible? >> You mean if if they say we can't remove it, the manager finds a way to remove it. the second part of >> I guess specifically what I'm saying is hasn't there been requests in the past
to the county and the state that we change a sign or remove a sign that uh was an immediate and absolute no without a absolute ridiculously bureaucratic process of dealing with that entity whether it be the county or the state
>> uh there has been all right so in the past there has been times where we wanted to move or place signs or put signs or change things up. And the county a lot of times is very strict sometimes about
what they allow municipalities to do to their streets >> in fairness. >> Sometimes >> most yeah most of the time >> we can let's discuss rules not exceptions here. >> Um that being said I mean we do have a motion uh we do have a a motion in a
second. So we do have to take a vote on the motion. Can one last time council person can you repeat that the motion? Please for us before >> Yes. >> Um I'd like the motion to direct the village manager to determine whether the current lefthand restriction on 86th Street and Northeast 2nd Avenue. This is
the current sign that is going from west to east because there's another one going from west to I'm sorry but east to west because there's another one on the other side between Miami Avenue second that also says no right internally and we're not talking about that one. So we're not confused. We're talking about
the one inside Sherwood. I have a point of order. Can we have the motion as stated, please? >> Yes. I would like to make a motion to direct the village manager to determine whether the current left turn restriction at Northeast 86th Street and Northeast 2nd Avenue can be removed and
if so to proceed with its removal. If it is determined that the restriction serves a legitimate purpose such as school related activity or peak traffic conditions, then I would further move that the manager coordinate with the appropriate agencies to modify the restriction so it is limited to those
specific times rather than enforce 24 hours per day. >> That's the motion. Um you have one last comment before. >> All right. Uh yes, he >> Yeah, madam clerk. Uh we have a motion.
We have a second. Can we please have a roll call, please? >> Roll call. >> Roll call. Council person Winters. >> Yes. >> Council person Lifewood Ward. Council person >> Urban. >> Yes. Let's find out. Um, Vice Mayor Martin,
>> no. >> Mayor Nickerson, >> no. >> Motion passes 3 to one. I mean 3 to2. >> Okay. >> All right. Let's Let's move right along. I think we're still premature when it comes to that uh that item, you guys. Um
because essentially we just passed that >> I don't even think we >> we we even like spoke to the correct length of even if we felt like we wanted to do it. I think that right now what we just did we just passed that if it can
be done that it that it's removed which I guess is fine but then if it can't be done >> and there is um a reasonable reason then >> the manager has it >> adjust to that reason.
>> So, I'm assuming if they say we can't remove it, then the item is dead then. I'm assuming if they if they come out and just say we can't remove it and there's no >> like reasonable reason, then I guess it's just dead at that point. >> That is clear and understood. Yes. >> All right. >> All right, you guys. Um, moving on to
the next item. This is uh 205 Northeast 86 Street building department and management. Uh, Mr. Pulium, this is >> Can I have a public comment on No, we're closed on that. >> It's just no good in welfare.
>> No problem. >> Um, so this is 205 Northeast 86 Street. Uh, Mr. P, this is your address. Um, you can just come up to the Yes, come up to the podium, please. >> And, uh, the floor is yours.
>> Thank you. Okay. Well, Thomas Pium, 205 Northeast 86 Street. Good evening everyone. >> Ricardo Lima, 205 Northeast 86 Street. >> Um, I really, you know, don't wish to be here right now consuming my time,
consuming everybody's time. It's on a subject matter that we've been discussing for over two years now that everyone be should be familiar with. I'm only coming in front of the council today because I have been completely stonewalled by this current administration.
>> Um, no, no responses to anything. I have sent certified letters. I have talked to the manager in person three times. He has lied to my face telling me he's looked looking into it and has never gotten back to me. Um, I have a spiel I'm going to get into regarding this
topic. Before I get into that spiel, I want to share a couple reflections just from the good and welfare this morning. Um, first of all, I am one of those people. My property has been targeted for code complaints. The last two code complaints on the record um are for
things that the village inputed wasn't some neighbor who I pissed off. It was the village staff and administration. Both had have had to be rescended because they were erroneous. not accurate. >> I've had to um you know work with
Winters as the code enforcement chair regarding these issues. Um one was for a gravel top off I did in my driveway a couple months ago. Um and uh the other which has to do with the spiel I'm about to go into has to do with uh the the
coral rock installation that I did at my property. I'm sure all of y'all remember I came up here twice seeking a variance. was denied both times. Y'all said your property, the way your property is, if you want to do it by right, 25 feet said back, you're able to do it by right
within the code at 6 feet high. So, if you want to do that, go do that. So, I applied for the permit. The permit was approved by our building department, specifically labeled nonstructural. They marked engineering not applicable during
their review. They had me pay for the permit, >> stamped it, stamped February 2025 last year. >> I built it as of March. >> March of that year, I received a NOS saying that I had no building permit.
What is this coral installation? >> At that time, it was Fitz. It was uh manager Aloo. I called them up, said, "I don't know what this is about. I'm confused. Here's my permit number that I have for my coral installation." They said, "You know what? You're right. >> We're taking this away. We're removing
this." Sorry. Sorry to bother you. >> Um, >> so that that's the preamble. Let me get into my prepared spiel now. >> Okay. So, I'm standing before everyone here tonight because administrative apparatus of this village has crossed a
dangerous legal line. Over the past 15 months, my attempt to close out a simple non-structural permit for a beautiful Oolite coral installation has been met with shifting goalposts. But what occurred on my property today transitions this matter from mere municipal incompetence into a
coordinated bath faith campaign of targeted harassment by the village administration. Today, I exercised my rights under a permit I fully paid for. I scheduled a routine final building closeout inspection through the village portal. Instead of performing the structural
building inspection, the building department hijacked the appointment as a tactical Trojan horse to run an unrequested zoning finishing expedition under the verbal directives of the building official Pedro Martinez of vendor cap government which is owned by
Bureau Veritoss uh multi-billion multinational company based in France. the building department. >> Before I show you the evidence, which I have here, I'm going to share with you all entered into the public record, I want to call out the exact strategy being used against me over these past
couple years. >> The building department's ultimate weapon is institutional chaos. For over a year, my file has been deliberately riddled with clerical contradictions, shifting dates, and a manufactured board of rules and appeals catch22. That's the
Miami date county level Bora which you can appeal billing decisions to. They haven't given me any final agency notice or any paperwork I can actually go to make the appeal yet have been telling me to continuously go do this appeal which they haven't set me up for. But today
they overplayed their hand. They didn't just leave a sloppy trail. They officially committed an act of egregious administrative deception directly into the public record. The inspector handed me a physical document on my porch today, which I have here to submit to the clerk as exhibit A.
>> Ricardo, if you could please pass this to >> over the official record of administrative deception directly into the public record. >> The inspector handed me a physical document on my porch today, which I have
here to submit to the clerk as exhibit A. Thank you. Okay. So, what you're looking at here is uh what I received today uh during my final inspection which I also recorded. I have sent it to all the council members before this meeting. I know a few of you have watched it. I've
also brought it here tonight to show. Um I don't know, it seems like we're having technical difficulty with the with the screen here. So, I might uh if any of you all are interested, I would like to share that on my personal laptop when we get to that point. >> Um, but for here for exhibit A, what you're looking at here?
>> Point of order. Hold on. Point of order. Have we established that it's simply I mean like do we know how long it would take to rectify the situation of having it be available on the screen or do we know? Yeah, it's not it's not we were trying for like a half hour. >> I would like to share that on my personal laptop when we get to that
point. But I'm able to put it up here for for y'all who have not seen it. Um, so anyway, this is what I received today. Um, and if you look at the official cap, >> I'm sorry to interrupt, but let me just clarify. >> Um, as somebody from council who wants
to look at the video may do so, but we don't have the video that has been seen by anyone. >> I have the video and it's been seen by several council people in the middle of the pardon. The video is not something that's going
to be displayed publicly when we don't know what's in it. I certainly can't say to any member of council that they're not permitted to look at it, but it's not something to be displayed publicly in front of the public when we don't
know what the contents are. But the council certainly may look at it and and accept Mr. pulls profer that he wants you privately to look at it >> so it can't be viewed here in the in the
in the chambers my >> no >> okay because my interest yeah my interest in asking was for the public benefit >> I would like to ask a legal point of clarification what is the specific law that bars that >> the video is not previewed we there are
a number of concerns concerns that would expose the village to possible liability by allowing it to be viewed. And if there is I don't know what's in it. I don't know if it violates someone's privacy. I don't know if it has anything
in it that's uh scandalous or accusatory or if it's in the nature of something that is um uh potentially defamatory. So absent some review, it's not displayed to the public. However, the
public is not voting on it anyway. If any member of council chooses to look at the video, they are certainly free to do so as long as it's not done in a matter that displays it to the public. That's all.
So point of clarification, that's the village attorney's uh legal advice to the council as their client or that is a state law for my benefit. >> It's my advice to the council to protect the village from possible possibly being
sued and having a liability for allowing something to be displayed when we have no clue what what's in it. Okay, there's a liability issue there. And yes, that's my opinion given to the council. And
since the council is who's going to be voting on anything that needs to be done, that opinion does not in any way impede your ability to present what you
want to present to the council. If it's something that the council or individual council members want to see, you can present it to the people who will be voting and if they choose to look at it, they are free to do so. And that allows
you to present to them anything you want to present. I'm simply saying it's not something without knowing what's in it that the village is going to have displayed publicly
to the entire world basically since this is being videoed and and being put out. That's all. >> Uh so just further clarification um this the video has already been shared with some members of the public
so y'all are aware. Um, so there it would be an information asymmetry as well um for you guys to be aware of. Further, I know the mayor and council person winters have both reviewed it in length. I don't know about the rest of you and I would also like to inquire
what is the process for entering the video into the public record, please. >> So usually to enter um the video into the public record uh >> things usually have to go through the clerk. Now, what I guess what attorney Geller is saying is that for a legal
purpose, um, if the le if the legal attorney of the village has not previewed it first, I guess, or previewed it yet, um, he doesn't think that it should be shown in a public form because he hasn't yet
previewed it. >> That's kind of what that's what I'm getting from. >> Just to add to it, the fact that, you know, you've shown it yourself to some members of the public You've done that essentially privately. >> Anybody that you want to show it to, you
want to show them something, they want to look at it. That's >> perfectly fine. That's not having the village quote publish close quote whatever is contained
therein, which is where the village could have liability. Anybody you've shown it to privately that wanted to look, that's fine. And if members of the council have individually seen it, that's fine. And any others who want to
see it, that's fine. But the village does not publish to the world something when we don't know if it's appropriate, if it's if there's something improper with it, if it's defamatory, or if it
exposes the village to liability. So again, what is the how do what's the process for entering into the public record? I need to send it to the clerk and you to review it. Just happened today. So granted, there hasn't been the time, >> but uh some people have
>> to review it, Mr. Polium, considering that you know there no other extraneous factor that I'm unaware of. I'd certainly be happy to review it, Mr. Pium, and see if it is suitable to be entered into the public record. >> So you are the gatekeeper on that.
There's not like a legal framework for this. Some people >> I didn't understand your question, sir. Could you >> You are the gatekeeper of what goes into the public record. There is no legal framework that you can site regarding this where I can go look it up. >> You can look up anything you want to, sir. >> I'm asking you to site what the legal
framework is. You're saying you're >> we'll look at the document, whatever you want to submit and make a determination as to whether it is something that is appropriate to be entered into the public record. Thank you. Okay. So, I I guess that will be one of my calls to
action that I request of the council when we get to that point. >> Um, >> sorry for that interlude. Let me get back to >> uh exhibit A. So, this is what was delivered me today. This is what is um on the video. It's a 16minute video. Um,
actually the video shows more than what's in front of you today because they actually made three revisions to this that they kept handing to me and then changing uh which is recorded on the video. It's not going to, you know, this is just the last one that they gave me. Um, but anyway, this exhibit A um
this exhibit A is also not posted to the village portal, the CAP government permit portal, which is required to be by law. They handed this to me. They handed me um they uploaded other documents to the portal which will be my other exhibits which I will be showing soon.
>> Um so exhibit A does not exist on the official record on um they just handed this to me really off the books. If I wasn't recording it, there wouldn't be any evidence of this, you know, three paper switch and and whatnot either. Um because again, exhibit A is not on the
portal. Um so, you know, I was recording them. of course they were you know acknowledged they were being recorded um and you know >> they um they re they didn't I assert that they didn't upload this to the portal
because I called out several things when you look at this look at the top right everything about this is wrong or disinformation inspection type driveway final this was not a driveway inspection what is that I don't know what that is look at the work description none of this is information I entered in. This
is information that they put themselves. Um I don't know what uh wood fence 55 linear feet is. Um I don't know what block wall and woodgate 73 linear feet is. My property is 50 by 128 ft.
>> Um this uh extension revoked since resident did not show up to Bora meeting uh earlier this year. That's the catch 22. I never got a final agency notice. I never got anything. I never got a list of discrepancies. I asked all of them
for it. I sent a certified letter to the manager May 19th asking for, you know, can you respond in the next two weeks? He literally told me at the end of last meeting. I went up to him like, hey, manager, have you had a chance to investigate like you told me you would? He told me he was busy with the police
stuff. This was going to be the next thing on his agenda. Then radio silence for another month. Um, >> the last thing on here as well in the work description, uh, per building official permit extended to June 21st, 2026 to give resident more time to
attend Bora hearing. Again, I can't attend a Bora hearing without a final agency notice, which they haven't delivered. Um, and this is incorrect, too. June 1st, today's June 23rd. They sent me emails last week that said, um, the file is going to expire July 1st. So
just in this one document they handed me today is like riddled with issues. And then you look at the the next field where they did by hand on site, right? So they didn't mark any of the boxes on the left, which they're supposed to. And I was asking them on video, did this pass? Did this fail? Did this need
correction? How do I close this out? No response. They literally walked away. Um inspector comments, you can read here. It says, "This inspection is to check from the outside wall to the interior building wall. measure 49.32 ft. >> I don't know what that means. They
couldn't explain anything to me. There's no form-based code cited here, which is legally required and also what I would take to a possible Bora meeting uh which they have not given me. You also see here it says Inspector Jose Negron at the top left. Um I don't know if Jose Negron was there
or not. There was one cap government person. He refused to give his name on camera. Was not wearing a name tag. Had no badge. So, I don't know if Joseé Negron was at my property or who it was. >> Um, all this is captured on camera.
Furthermore, this inspection, um, they had Jose Jose Negron, whoever that is, um, do uh, uh, a measurement where they got this calculation, 49.32 ft. Um, but he's with CAP government
building. Scarlet was there. Scarlet is our zoning official. Why did she not take the measurement? Nor did they document the methodology or the points where they were measuring which is required by law and was recorded. >> Um by the way the video I initially say
this is being recorded this is the permit number for public records and I also told them you know as you probably know this is on the agenda for tonight and as you probably know from all the emails and certified letters I've sent you know what what the deal is. Um but
they proceeded to do uh the final inspection. This is what I got. Um moving forward now. >> Um >> so next if you can pass out >> this exhibit C.
>> Um so this is exhibit C is what Jose Negron or whoever I don't know again no ID um posted to the official CAP government portal at 1:57 p.m. today after the inspection. So, this is supposed to be reflective of exhibit A. It's not. As you can see, it's literally
a blank page with no code cited. Just says fail. >> Doesn't give any information how to correct it. >> Literally just says fail. posted to the official governmental ref. >> So this this second the uh example C
>> um >> you received that after they they gave you the A which where nothing was marked. >> Yes. I got this A at approximately 1:30 p.m. and then that was uploaded to the official portal. >> Mhm. where like that's where all the
legal stuff happens at 1:57 p.m. >> Okay. >> Um >> Okay. And then you know I I don't have to be right here. I don't know. They're actually kind of driving me crazy with like all of their errors to trying to understand what's going on. But one of
my hypothesis is that uh on exhibit D, which Ricardo is now passing out this exhibit D is the last uh most recent before today final inspection that I requested, August of last year. >> Um this was done by a different cap
government person named uh Luigi uh Leon Leonardo I believe is his name. Um and you will see here um that with the village's own inspection report um it explicitly states per building official final survey as required on previous
results is waved pending verification of oolite installation only I believe is his name and you will see here um that with the v's inspection report it explicitly states
>> so back in August They said they didn't say anything about setbacks. They didn't say anything about um you know the construction anything like that. They they said per building official no formbbased code cited.
Um and they waved the the survey. Um, and then on exhibit B, >> they said they didn't say anything about >> so now now they're saying you need a survey. >> No. So that that that's from August last
year where they specifically said, "I don't need a survey." Now what's being shown to you is what Scarlet uploaded today to the portal at 3 about 3:40 p.m. >> That says a survey is required. It also says, and this is news to me, hey, I got
the four foot variance that the majority of you voted no to. It says, I received the four foot variance, so this should be a 4 foot wall, even though per the permit, it's clearly a sixft wall. Scarlet was even uh doing all the all the paperwork, staff reports, was
talking, you know, representing the village uh in that variance process, um determining that that variance decision. >> So, that makes no sense to me. Um this uh March uh so this uh zoning setback
was invented by Pedro March of this year when the new manager came in >> um when I picked back off from the previous manager who in August of last year sent an email um that can we'll enter into the public record. I don't have a copy right here. I've shared previously with some of you um but where
manager Aloo directed Pedro in the building department to work with this resident to figure out how to resolve it. what is needed, stay in close communication so it can be closed out. >> They demonstrabably have not done that. March of this year, I re-engaged this
permit with the new manager who told me he would be investigating it, has done nothing, just sat on it, and has allowed uh the village vendors to really open up a due process and civil rights uh issue regarding my property use. Because, you know, if you don't have a permit closed
out, you can't rent your property. You can't rent it longterm, shortterm, nothing. you have to collect taxes on it. With the open permit as well, it puts your title in jeopardy. >> Um, so like real economic damages at this point as well. Um, let me go back
to >> my final bit here. >> So, the survey requirement was officially legally waved by this village over 10 months ago by Leonardo, the exhibit D. Um, however, the 3:02 p.m. today zoning failure from Scarlett
Hammonds, uh, signed by Scarlet, uh, who did not physically perform the measurements, as you would see on the video, uh, this Jose person did, uh, is now demanding a survey that the village already wave strictly to manufacture a violation hours before this meeting. Or is she even really making me do that
because the word is should? What is the legal definition of should? Am I required to do a survey now? And if so, based on what code or what ordinance? It just says should. >> How am I supposed to interpret that? >> Um, so further uh my property lot is
radial like so many properties in Sherwood Forest. So one side is 127 ft deep, the other is 125 ft. On a radial lot, property depth dramatically changes on an angle. Yet the building inspector stood out there, used an unidentified digital device, and took exactly one
single measurement at the shortest possible distance. They completely ignored the radial geometry of my land and survey on the stamped permit. They failed to site a single section of formbbased code to back up the claim. And they completely ignored the village's own August 2025 inspection
report from Leonardo um which explicitly states that the survey requirement is waved. By their own sloppy math, they are attempting to fail my entire permit over a variance of approximately less than 4 in. grant you this coral installation
already sits 40 ft back from the street >> um and uh this coral installation as well also sits 10.5 in inside my previously approved wood side fences which are also part of this existing permit that I'm trying to close and a permit that was closed out two years ago
I did the math I have 127 ft uh you know of property I reduce that by the 25 ft which is the setback. That's what I got a permit in 2022 to build the west side of my privacy fence along that side. And
this coral installation sits 10 and a half inches inside that on both sides. >> Um which is totally ignored by the manager. I sent photos to the building official. I've sent photos. No response.
>> Um Okay. >> Okay. Um, look at the note that they wrote under penalty of perjury in exhibit B. >> Um, it says the fence should be located no more than 47 ft from the home and states the applicant should submit a
final asbuilt survey to confirm the fence location. In municipal law, should is a recommendation, not a mandate. They officially logged a legal failure in a government database based on a 4-in recommendation that they explicitly admit they need a professional survey to to verify. Grant you the measurement
they took is and this is shown on the video is not the setback where my where the swale is in my property line. It's some measurement they've invented from um the inside of the coral installation to the front surface of my house. They explicitly admit they need a
professional service. >> Scarlet admits on camera the recording today they don't know where my property line starts. They don't have a measurement of what the actual setback is. And as you can see in what she wrote, she uh is just speculating that it doesn't meet the setback either. She doesn't say, you know, it's not uh
misses the setback by one foot or whatever the measurement is. It's like, you know, again, I don't know how to interpret this. I'm continue to be confused and baffled. They don't have >> so they do know where the um
>> Okay. Um >> okay. So nobody has to take my word for this. I want everyone to watch the the video that I have. Um and I would like to share that now with anyone who is open to viewing that. >> Is does anybody want to see that or
should I move on? Um, just move on because I don't think we can. I'm not sure how we can share it. >> You can probably send it to them individually or in a group in an email. >> Yeah, we have it. I've seen it. >> Just for the record,
>> if you do choose to individually email it to council members, Mr. Pium, so it is not published to the general public, there's no objection to your doing. Let me um let me jump in because maybe I can like kind of help out a little bit. Okay. So, I've seen the video you all.
So, um >> go ahead. >> But but not everyone has. >> I understand. I understand. I understand. I'm I'm not going to talk through the video, but I'm going to take some points from the video. I got you, my brother. Don't worry about it. >> So,
I've seen the video and What you've noticed not only in the video, but what I think is something that's been going on from the beginning of this situation is things get confusing because there's not only like
a lack of communication, but it seems to be like a drip drip drip of information. And I'm going to bring Miss Martinez up in a second. um also but so so just to kind of like quickly kind of summarize
everything. So a while ago Mr. Pulium came before the planning and zoning committee and he applied for variance and what he wanted to do was he wanted to put a wall um four feet
where like nor everybody else kind of has like their fins like you know up to the front where like the where his property line like not on his property line but behind it but kind of where everybody's kind of frontage would be. Let's say if he had um a right of way
right if he had like a sidewalk and like you know a swell area where somebody would normally put a fence or bushes that's where he wanted to put his wall. Okay. So for that he needed a variance. So we asked for a variance for 4 foot.
we went through that. >> Excuse me. >> When we went through that, um when we went through that vote, um it didn't pass. All right. What we were told at that particular time was we either can
vote for him to have a variance, right, for a 4ft wall at that area or because his house is a is is is different. And I'm saying it because he has instead of people having like their house in like a normal space and then they have a large
backyard, he's one of the houses that has like almost no backyard and a huge front yard. Okay. So the house is set way far back. >> So because the house is set that far back, we were told, look, either you guys give him a variance for a 4ft wall,
right, in like the normal area, or because this house is so far back, he can put a sixft wall 25 ft back from the property lot. >> Okay. By right. So that's what we were told. So exactly what it is. That's
exactly what that is. So he did that. So he was like since you guys, you know, voted no to the 4 foot, you know, in a normal area, I'm going to do the sixoot wall where I have right where by right where I have to do the six foot wall. So that's what he did.
>> When he did that, and I remember this like it was yesterday. I'll give it right back to you. >> When he did that, he submitted >> he applied for the permit. In the red it says 6x6 foot um wooden
fence. Then it says the wooden gate. And then it says the coral wall in green. This green you see here is the coral wall. This was the permit that he applied for. It shows the wall. >> This is where the problem started. His
permit was approved. >> I remember this like it was yesterday. His permit was approved. There was no issues. Then one day >> he calls me and he's like, "Mayor, >> why are they saying that
I can't put these things up and it's illegal to put up my wall and I have to take the whole wall down?" I'm like, "What are you talking about?" So apparently when I So then when I went to go talk to the staff, >> they were like, "Yeah, mayor, it was
approved, but we didn't realize that the wall was part of the approval." >> Well, that's not the res. What are you talking about? >> It's not the resent. >> And not only that, but since then, what
the issue has been, and I'm gonna bring you up in a second, Mr. But since then what the issue has been is >> it's been like every couple or every few months >> it'll be like >> well did you also do this
>> and he's like well why am I hearing this now for the first time >> so it's kind of like you know residents rely on the village to be the experts right they don't know you know so it's like why don't we give them all the information up front you have to have
this and this and this and this. And so I'm kind of speeding through things, but >> Mr. Puland was that three, four months ago we went to your house. >> Yeah. March. >> March. So he reached out to me. So I kind of organized like the staff to go because there was a lot of emails going
back and forth and I was like, "Look, you guys, let's just all go out there and talk." So one day I was here, took the village manager, took Mr. Martinez, the building supervisor, who's here. We're going to bring him up in a second. I took both code enforcement officers
out there. Um, good. Okay. Sorry. I took both code enforcement officers out there. Um, it was a lot of us. I might be missing even one a member of the uh of the staff. So, we were all out there. So, kind of like what I'm going through with you guys now. We went through the
story about everything and and I made the example. I said, "You guys, I looked at the the staff that was there. We went through everything. We saw everything." And I was like, this is like because what they were saying at that time was, well, you need an engineer now to come
out and to go through the wall and make sure it's safe and make sure this and make sure that you have to need an engineer to kind of verify your wall now, >> which wasn't told in the very beginning, right? But my point was I said and at that meeting we were out there, that's
when it came up for the very first time about zoning. to come out and >> very first time was at that meeting. Correct. So for the very first time they're like oh and zoning now has to get involved. We have to get started out there to see if it if through zone planning and zoning if it's it was done correctly.
>> This was when we it got so bad we went out there in person. We were told that for the first time at that particular meeting right >> that zoning now had to get involved. So when I was there >> my sentiment was to see if
>> you guys if you know if we went to anywhere Home Depot anywhere and we got something or we purchased something and it was supposed to be a certain thing or a certain service and then it's like two months later um well you have to also
submit this to get the the full service and it's like I was there two months ago and I I purchased a service and then like six months after that it's like uh well there's also something else that uh you should be you know, to keep the service. It's like, why didn't you tell me that in the beginning when I first got the service?
And so my my kind of sentiment was >> that shouldn't be on the resident. That should be on the village. >> So the resident shouldn't have to pay for an engineer to come out. >> The resident shouldn't have to pay for those things. it should be on the village because
>> why if we didn't give them all the information in the beginning, why are we then holding them accountable? >> If we keep telling them new information and and oh by the way, but did you do this or but did you do this or did you do this three months later, six months later and and so that was kind of like my sentiment with the whole thing. Um
I'm going to open up for the for the residents in a second, but let me first bring up Mr. Martinez. >> I have a couple >> Okay, go ahead. Go ahead. Go ahead. Go ahead. >> Um so yeah, great point about So the the whole engineering story is gone as well. So the inspections they did today, whether it be the paper they handed me in person or the two uploaded
don't say anything about um you know kind of the construction of it being defective. So I don't know where that has gone. That whole story for the past year that they've been using to push this down the line has just I guess evaporated into smoke. But I have been asking them and included in the
certified letter to the manager um can you like you know you need to do something if you have a codebased reason go ahead and reclassify it as structural if that's what you got to do and then I can do a chapter 558 against my certified general contractor who has to
build things by code and if for some reason they didn't do whatever your new requirements are then their insurance or that general contractor will you know be liable to repair ultimately, you know, the the p I'm protecting my pocketbook. It's not going
to come from me, but um I haven't received anything official from the village citing building codes or anything that would allow me to appeal to Bora to go after my certified general contractor. Literally nothing. Um and you know they've missed the chances to
reclassify as well under equitable estoppel when they sent me the noce in March of last year saying hey you didn't even have a burning building permit for this by the village rescending that you guys are legally acknowledging that my permit there is valid.
>> Um and my issue is not just about what's personally happening to me but you know all the taxpayers in our very precarious small budget village. Is this really a battle that the village wants to go into a feeshifting federal section 1983 civil
rights lawsuit against where even if I'm not awarded economic damages, the village or the vendors are still have to pay for my legal fees. >> And civil rights attorneys, if you know them, that's their playbook. That's their business model. They're looking for open and shut cases to take to them
where they know they can do the fee shifting and and get hundreds of thousands of dollars. So, I'm really concerned not just about the malfeasants happening here, but how this plays out at a macro level and how it affects other aspects of the village that we we may not be considering. Um, but further just a just a couple more things. Um,
since uh I'm not playing the video here, I did want to call out three specific points from it that you will notice if you watch it. Um, so first the inspector from cap government fat flatly refuses to provide his name or show his credentials after I asked multiple times
>> and he knows it's being recorded. Um, he also um steps away and talks to Pedro on his cell phone. Um, and it keeps telling me, oh, he's just doing what Pedro was telling him to do. He doesn't know the history of the file, why he's there.
>> He's just there to do what Pedro tells him to do. He steps away, talks to him on the phone, interchanges this the the exhibit A, which I've handed you three times, which you'll see on the video. They changed the numbers. At one point, they measured a number of 66. >> Um, which now it's reflected as 49. You
would see this on the video, but it's like it's so incoherent. I don't know where to begin to be honest. So, all of that's in the video. >> 66 until the phone call was made. >> Yes, it was 66 and the phone call was made and now it's 49.3. But they haven't documented how they made the measurement. I don't know why
it was CAP government, not Gordino Group, etc., etc. Um, and you'll hear in the video when I ask specifically what code section they are enforcing, they explicitly state on camera, I don't know. You have to talk to Pedro and tells me I need to call Pedro. I'm like,
I'm not the employee. You just talked to him on the phone. Why are you here? You don't know what's going on. government. >> Um >> so ultimately um you know there's a legal choice point here. This is obviously a targeted personal campaign. If you reflect back historically I've
complained about Pedro on the dis before formal complaints to the previous manager Aloo I even um had to call um the CEO of cab government several times. This was previously some of you may know I did a big gut renovation on my property for several years. So, I've
done multiple permits. >> Um, and Pedro gave me a hard time about other things in the past with wrong information as well. I've had to complain to all those various people. Um, I even explained to the manager three months ago in person that I feel like this is a personal targeted attack.
Uh, which he has done nothing regarding. Um, or I would actually like to hear what his stance is on that. That would be great to hear because I don't know. It's been radio silent. >> Um, So >> um again the previous village manager
Aloo is on the record August 2025 explicitly instructing Pedro to tell me exactly what was needed to close this permit. Pedro ignored that directive for seven months only to suddenly invent this brand new setback issue of March of this year >> um when a new manager took took office.
Uh, meanwhile, an identical unper unpermented Coral Stone wall sits down the street completely untouched at 388 Northeast 85th Street per my public records request. That's right by the Indian Mound. They have no permit on file. Village isn't going after them. They don't have a structural or
non-structural anything. >> Yet, I'm being targeted for trying to do everything right. Coming for a variance is rejected. Okay, what can I do by right? Okay, I built that. Now you're throwing everything in the kitchen sink at me, including this latest thing March of this year about a setback invention
and meanwhile all these engineering wind calculation plans that you have been asking for for the past eight months. There's no mention of that anymore. >> What gives? I don't know. >> So, you know, I have several calls to action here to resolve this matter tonight without federal litigation. I'm
demanding that this council immediately instruct the village manager to execute the following directives. I would like the council to direct the manager to override this rogue operation and instruct the building department to officially pass and close out my permit
PB25-00004 as uh as it is completed as it is stated as it is approved as I have shared with all of you here. Um, secondly, I would like to ask the council to direct uh to issue a formal written cease and desist to Pedro and the building department
regarding any further undocumented verbal or unauthorized enforcement actions on my property. There's been so much wild stuff off the books that they're not uploading to the portal that I have in emails that I have in verbal conversations supposed to all legally be on the portal. It's not.
>> Um, so it's just harassment. I would love uh a cease and desist from Pedro and building department regarding that. Um thirdly, I'd like uh the council to direct the village attorney to launch an immediate internal investigation into the building department's use of hidden files, ghostritten inspection records
reports, and targeted harassment of residents. I know Darien Martin, Mayor Omar, you said uh earlier when we started this session that you guys have no tolerance for people being targeted, for things being done off books, um etc. So, I would really look especially to
both of you um to to be a stand to kind of investigate this and and root it out. Again, I wouldn't be here asking this if the manager or the building official had responded to any of my requests, >> including certified letters, three inerson meetings,
Um, I see Pedro's here tonight. He was not the one at my property today. >> I don't know who was there. Again, no name tag, no identification. >> Um, so, so that's where I'm at. Um, thank you for your time and for listening to this. >> Thank you very much. Um, appreciate it. Uh, Mr. P. Um,
>> I'm going to bring up Mr. Martinez. If we need to bring you back up, we'll bring you back up. >> Mr. Martinez, is there anything you want to say or you don't >> name? So that's where I'm at. Thank you for your time.
>> Good evening. Good evening. I'm Pedro Martinez, building official. Um I I would like to clarify several of the points spoken against me and and my department tonight
on starting this. Uh the main reason for all this confusion is Mr. Pulium he may have forgotten he applied for a fence permit >> by owner owner builder fence the fence permit had the drawing
of a wall a line representing a wall a rock wallite wall in a specific position. >> So we and he presented with the application you probably have it there. the standard drawings for a wood fence.
>> So he applied for a wood fence, presented a wood fence zoning, saw the line for the core rock and requested from Mr. Pulium, where's the core of rock located to make sure it
was in the right place. >> Mr. Pulium replied to zoning the coral rock is 25 ft away from the property line >> and without answer from Mr. Pulium
>> zoning approved because they were not going to approve a crow rock in the wrong location. Now the building department enforces a building code for safety mainly but we also enforce the local regulation.
Now for safety the location of a coral rock doesn't make a difference for me our coral wall but this is a wall was built with a fence permit just to make it clear he applied as
owner builder not with a let me speak not with a GC by himself >> with an ownability application that you probably have. He signed notorized. >> I got a copy.
It says I'm personally responsible for knowledge of all applicable laws and regulations. One of the regulations when you build structural >> after we met with Miss Aloo, I sent you a long email with all the structural requirements of the building code. You
just happened to forget that. Mr. Mayor, you Mr. Mayor, you received a copy of that. You received a copy of that email. >> Mr. Mr. Manager, you also have a copy of that email. All the chain of emails with
Miss Aloo in that email. in that chain of emails >> I am requesting him because >> I am not in possession of all the troops. So the way the way the building code works is the building official
decides nobody else has jurisdiction to override my decision in the city. Not even not even a judge has that that jurisdiction cannot change my decision. I said you need structural calculations.
It could be a design or a calculation demonstrating the wall is in correct position as many permits. Many people for example apply for a house and the site plan includes a pool includes a driveway and those are called deferred
submittals. So we approve the fence and then yes we try to be nice. and accepted. Accepted. >> Please, can you have respect for other people? Yes. Very good. Accepted.
>> Accepted. >> I I proposed that means and accepted the the idea of accepting a revision >> to receive >> accepted the drawings or the calculations for the wall which was built with no inspection. So we would
have found found out we would have discussed the position of the wall at the moment of the foundation inspection. The building code states when you build a wall you need to have a foundation inspection violating number one. Mr. Pulium said he knows the application of
the regulations. He did not call. He just put the wall in place with no inspection whatsoever. No, he declared the wall for you to to see what it is. is slabs of coral rock cut 8 in thick.
>> A stone a stone about this tall >> in a trench one foot one foot deep. Just one foot deep. >> All I want is to demonstrate that that one foot deep will not fall on somebody because this is my job. I don't care if
it's you I'm protecting or if it's somebody I like a lot. I'm protecting you. You live there. the resident lives there, but also the person may sell the house and the new owner 20, 30 years from now will not
know that wall is unsafe. I need demonstration that the wall is safe as building official. Now, if I'm wrong, I sent Mr. the contact information, phone number
and link for Bora so he can present this case in Bora and Bur can can say yes Mr. Martinez is wrong. You can't put the the f the wall like that, you are right. You apply for a fence, but you can build a wall with no inspections.
>> Bora can make that decision. If you don't like and if if Bora says I am wrong, I will learn something and I'll go by what Bora says. But do not I have told you repeated times he tried to force Maloo to force me to close the permit. Moo
being an attorney said I It is true, >> Moo. And I I several times Mr. Martinez Moo did not do that. Did not violate the Florida statutes. Miss Martinez, do not go back and forth with the um >> but but I'm explaining how the whole
story goes back and forth, back and forth, back and forth. >> No, I understand. Keep going >> back with the same thing. He has a long list of code specific code pending issues with the wall, which is the most important part for me. Even if I'm not
the building official 30 years from now, that wall has to be safe for me to sign on on it. >> So if if I get calculations, let's say I'm wrong, >> a good engineer can make the calculations. You say a shovel, the length of a shovel, and you and you pull
it out and you take some some uh some soil with you. As a matter of fact, a friend of mine is a volunteer firefighter. One of his friends lost his life last year for an unsafe wall just like that. They were climbing the wall to save a couple inside the wall. Kill the young guy. He was like 25 years old.
So I am adamant on that. Go through a private channel. Do not force this commission to make a decision where they don't have any jurisdiction. I have you have seen it mayor. You have seen that in my emails >> and go to Bora. Bor is the proper
channel. I gave some extensions at your request >> so they can go. >> The board does not take long. They're very expeditious. You apply with them within five days you're in the next agenda. >> And this has been since August last
year. >> So let me just ask something really quickly and I'm open up to the council. Um it seems that the problem is we like you want to know if the wall is safe, right? So >> uh structural structural calculations um that require engineer
>> they require engineer but I cannot propose even if I wanted >> because it would be a conflict of interest. I cannot inspect and approve my own calculations. So that's why the owner every owner in
the city by the way do you see all the residents here complaining against me or or has it been only one complaining against me all the time? Is it is it >> because I really want to be safe. >> We do not retaliate, sir. We do not
retaliate. We protect every resident. >> If it was for retaliation, I would look the other way, hope the wall falls on him or kill or breaks his car. >> No, it doesn't matter who's doing it. I I need to make sure things are safe and this is my job.
>> Understood. I appreciate that. Um, >> I get complaints all the time from different residents about different building things and different code things all the time. >> So, but I mean not not for this particular issue. I'm going to bring you back up in a second, Mr. not just for
this particular issue, but I get complaints um on a fairly consistent basis about different things. >> Uh, but but I'm trying to get at >> where we go from here. So, I know understand the Bora situation. Um
but as far but what we're our goal is for this thing to kind of be done with our goal is to figure out if it's safe or not is that's the goal right whether it's bora whether whatever it is the goal is to figure out if it's safe or not that takes an engineer
>> right >> does cap government not have engineers that they inspect they do inspectction >> it would be it would be a conflict of interest we cannot be in the same company >> so so cap government never uses cap engineers to inspect.
>> No design. >> What do the cap engineers what do they use for? >> Cap engineers do revise the calculations sent to us by another engineer. Another engineer presents a design with calculations. We have a structural engineer that verifies the number
numbers are correct. >> They verify the safety factors of what the code requires and then they approve or disapprove. But we don't decide. We verify decide. >> So I understand what you're saying about conflict of interest, but it's a
separate cap engineer that's not you. >> There's still a conflict. >> It's still a conflict. >> Mayor, may I may I jump in just for one moment? >> Um, >> this is obviously pretty complicated situations.
>> William spoke at quite some length. Um, notwithstanding that Mr. Polium chooses to represent himself, uh, which is his privilege, he's not required to have an attorney, uh, to
represent him in regard to these matters, but he does raise matters which are serious in nature. Now, as part of village administration, it is our job when appropriate
to support the village staff. And it is a fact, as the building official says, >> he has a a personal statutory responsibility that is not subject to interference by
the council or by the village manager or by the village attorney, but he does have to exercise that appropriately. Um, I'm not sure if I go as far as uh Mr. Martinez statement that even a judge
cannot overrule that. I'm I'm less certain of that um without researching that particular issue because I've never seen that actually come up. Um but I mean Mr. Napoleium has raised issues
related to what he considers to be violations of 42 US 1983 which is a very serious statute which is something typically litigated in federal court. Um, so I I want to be certain that he's
not ignored, but also there are two sides to every story. That does not make both sides to every story equal to each other, though. One side can be right and the other
cannot be. And I just for what it's worth want to say, having worked with Mr. Martinez, I know him to be a very conscientious professional. I personally would be more than surprised if his actions
are related to any personal animus having worked with him. >> But the what's before the council it seems to me I mean I I would not urge
you I mean you follow advice if you choose to but I would not urge you to take some of the action items that Mr. Pium urged at this moment.
But clearly this is a situation that demands some solution. Mr. Podium asserts that he cannot go
to Bora, the county board of rules and appeals, because of what he believes to be a technical deficiency in the manner in which the building department and the building
official have issued rulings. I'm not personally certain that Bora is as much of a stickler for what can come in front of them as Mr. Pium believes
but I cannot say to you as sitting here that he is incorrect and in fact >> it seems to be the case that the building official has given the information on Bora to Mr. podium has
suggested that he goes to that supervisory appellet body and has in fact given some extensions to allow Mr. Pium to go before Bora. Um I'm
reasonably confident that if Mr. Pium is correct >> and I cannot sit here and tell you he is not that if he is correct that the record
created by our building department is not sufficient for him to go to Bora. I am reasonably confident that upon some investigation with Bora, which I would be prepared to undertake,
>> I could certainly work with the building official to modify what he has done, what has been issued by the building department that would enable Mr. Pium to present his case to
Bora. We're certainly not here to suggest to him that that's where he goes, but to create some catch 22 that prevents him from doing what the building official has suggested. So
that's one possible exit ramp here is that we speak with Mr. podium to find out what exactly he believes is missing in what he terms final agency action term I'm very familiar with from my own
practice of administrative law >> we speak with Bora to determine exactly what it is that they need if what exists is sufficient or what would need to be modified and we speak with our building
official who has suggested that route to make sure that what is provided is adequate for Mr. Pium to go to Bora. That is one exit ramp. The other exit
ramp is there certainly seems to be some failure to adequately communicate back and forth. I mean, whoever you believe and if you believe everything or nothing
that you've heard from anyone, >> it's very clear that the building official has concerns and that Mr. Podium has concerns and they're not hearing
or understanding each other. again, mayor. Um, no one has the ability to order the building official not to perform his duty. That's a statutory duty and it is
one of the it's one of the highest order. But that doesn't mean that a resident is supposed to be caught >> in again some catch 22 where there is no resolution. The
preferred resolution is not the Bora route, but that is an available resolution. the preferred resolution, which you tried to do, mayor, >> when you went there,
>> which I know that our manager has attempted to do >> and the previous manager attempted to do, >> but the building official >> as his I mean his license, his
livelihood depends on him properly protecting the public. That is a very high order obligation. Um though I take much less joy in the prospect than you
can possibly imagine. I would certainly be happy to work together with our manager and if necessary if we have to bring in an outside engineer
as a mediator as well as a professional to get this situation resolved. It would be preferable if we could find a way to get this resolved internally in the village in a way that will protect the
obligations that the building official has but also find a clear solution that the resident can follow. Not that can be put in writing and not subject to
further change. that fosters allegations of improper conduct. I would urge you, this is >> this is manifestly not something that is going to be solved
tonight with you sitting at the deis. I would suggest that if it becomes necessary that the council >> could address this at a special meeting.
since one is being contemplated anyway. But >> I'm not sure that there really is council actions necessary to res or even appropriate to resolve this, but there are at least two
identifiable offramps here that can get the resident out from under this ongoing problem that is so clearly extremely disturbing to him that still
protects the building officials right to do his job and the village's obligation. I would urge you to frankly not spend all the rest of tonight on this, but to allow myself and
our estimable manager to either find a way to get these parties on the same page, if necessary, by bringing in an outside engineer and possibly using that person as a mediator
or in the alternative to work with both of these parties and Bora in a way that if nothing else will make Mr. Pium confident that he has an ability to go
to Bora if we can't reach some other solution. That's exactly what Mr. Martinez has suggested and I'm very confident that we can find a way to be sure that Mr. Napoleon has the ability
to go before Bora. I know that each of these gentlemen could easily speak to you for another hour a piece, but I don't think it's going to assist you in reaching a solution tonight and because
this is I mean Mr. Napoleon made very many assertions about what is or is not legal and without disagreeing with him >> which I am not here to do at this moment but I am they this is this is legal in
nature and at least in part and I think that together with our manager we can work with both the resident and the building official and find some way where if we can't solve it between them. We can at least
be certain that Mr. Polium gets the appellet review before Bora to which he is clearly entitled. >> All right. So, this is how we're going to do this. Um, Council President's going to speak, Mr. Pand's going to come back up and then we're going to go to
the audience. All right. We'll go to the residents and then we'll come back to the council. Um, >> it's, you know, candidly, mayor, I mean, you can hear from residents if you choose to do so, but this is not as much a matter of public policy. This is a
matter where one private individual has a concern with the village and he wants and needs at least at least the relief that he can go before the board of rules and appeals.
So, I mean, that's your choice if you want to take it's not entirely >> appropriate for you to do that, but that's your choice. >> Now, for every agenda item, I'd like to open it up. Okay. Um, I'm going to go to Council Person. The only thing I was saying before is the only thing I continue to think is that there's only
two choices, right? The two choices it seems is coming out of this is the Bora thing or to get an engineer to go out there and do the study. But I just don't think the resident should be the one responsible for the engineer. And that's kind of where I stand and and that's
what I see as far as the two choices. Council council person bomb and then we're going to go pull in. Oh, you want >> All right. Hold on. >> Please just just to put this in very very quickly. We at the beginning requested a survey for the wood fence
>> because the neighbor >> to the east side had damage to his papers. He was complaining that the fence was not in the right position, the wood fence. So we're requesting proof that the wood fence was in the right
position with a survey because we don't have measurement. A survey is a legal instrument. the neighbor >> the neighbor agreed to have the the papers repaired and the fest finished without requiring the survey. So that for that reason I wave the requirement
for the survey. We're still talking about the wood fence that was done before suddenly somebody came to us and say hey there's a coral rock wall there. >> We are ready to do a final inspection on
the wood fence and the coral rock wall appeared there. So I just wanted to put that in context. It's not that we're giving it drop by drop. The wall was built without inspection, without plans, without anything. We tried to be flexible
to allow Mr. Pium to get the the the plans or get the calculations demonstrate it's safe. Now the location of the wall, I sent Jose because he's taller than Scarlet. Scarlet is too short and she couldn't reach to the top and get a
an accurate measurement. >> He got nervous. Jose got nervous. He told me, "Oh, it's 60. It cannot be 66." You have the the the drawing there. The the survey shows the distance from from the front wall to the property line. The property line is invisible. The front
wall is visible. So, we're measuring the distance from the wall to the front wall from the from the coral rock wall to the house wall. That should have been 47 and change feet to be close enough to the
house. So it would be 25 feet away from the property line. The inspector measured 20 49 feet which is about almost 2 feet missed. He missed the mark by about two feet. We cannot be held responsible for that. But it's not
safety. The city may want to bend the rules and allow him to keep the wall in that position. in my position. As long you can approve that, it's not safety. As long as somebody shows me that wall is not falling today, not in 50 years,
I'm not hurting somebody. That is what I need to approve the wall. >> Thank you very much, Council President Urban. And then Thank you, Mr. Martinez. Then we'll bring this pull him up. Then we're going to the Okay, I have one statement, three questions. I'll start a timer myself and keep it to under three
minutes here. All right, here we go. My statement is I am frustrated at the problematic reality of the potential of a permit that was approved that should not have been approved regarding the 4T versus 6 feet statement there. Uh now my
questions firstly uh here in exhibit A as presented by the resident February 25th extension revoked since resident did not show up to board meeting on February 25th 2026 that's
this year February late now just a week later it looks like perhaps uh two weeks something out of effect into the second week March 4th early March per building official permit extended to June 1st not 21st Uh but in print here it says June 1st. So that's most of March, all of April,
all of May to give resident more time to attend board hearing. Now my question is there was a name of a document identified by the resident in his uh initial presentation. I believe it was final something or other that he
was saying he was missing uh to be able to take to Bora to complete that process. What was the name of that document? He's looking for final agency action, which is a document that is a sufficiently
identifiable decision by any agency that allows an appeal to wherever an appeal from that agency goes. And final agency action is a correct legal term. whether
what occurred here did not or did constitute final agency action would require a review of the documents. But Mr. Pium asserts clearly that he believes that what was given was not final agency action to
enable him to appeal to Bora. Whether Bora did not concurs with him, >> we can't know without asking Bora. I have an answer. >> Okay. So, so in that example, the final agency action, the agency is the village
of Elportal. >> Okay. >> So, I have in front of me in a >> technical sense, it's >> I have in front of me exhibit A. I have in front of me exhibit B. Uh, and these are the exhibits that present essentially the basis for the failed
inspection. My curiosity is with these being both dated June 23rd, meaning today, um I would like to know if any representative of the agency, meaning either cap government, manager or
attorney would know of uh a date prior to June 1st, which was the expiration of the extension to arrive at Bora. I would like to know if there was any uh any uh final agency action presented or ver if
anyone can verify that there would or would not have been a final agency action presented. >> We would need to review the record >> to see if there's anything else in the record. The entire record is not here and we would need to check with Bora.
Mr. podium clearly feels strongly that what's been issued is insufficient to go to Bora. Whether he's made that determination himself or that's been made by Bora, I mean I I don't know the answer to that, but I did hear unless I
misheard that the June 1st deadline has extended again and it's now July 1st. >> And where did you hear that from? I suppose I guess my last question. >> I think I heard that here said tonight. Is that not correct? >> Is that accurate, sir? >> And then
>> and then June 30th, excuse me. So, it's still current in it's still open, but >> the fact that the crime is available does not mean that whatever the village
has issued constitutes final agency action. Mr. Napoleon >> thinks that it does not. I can't say he's wrong without a examining all the
documents and b talking also to Bora to their attorney and asking is this that we've got sufficient for you or what is deficient about it and how can that be cured? So the gentleman he he absolutely
has a right to go to Bora and if we're not issuing the right document then we need to issue the right document so he can go. >> Okay. So I'm not sure if I'm happy with the answer but I understand the answer. Uh and then my final uh question before I allow Mr. pull him to uh to make his
points is uh uh in the event of an otherwise erroneous approval, what if any remedy would there be? >> Sorry, madam clerk. I just need to answer. >> Sorry. So, in the event of an erroneous
approval uh of a permit, what if any remedy is there to to revisit that permit? That is uh an overarching question that I have. >> The building official may upon proper showing
revoke a permit that was issued improvidently. But conversely, if the building official feels that something was denied and upon further review determines that
it can be viewed as proper, those adjustments can be made. If he refuses on a proper showing, that's when it's appealed to the board of rules and appeals. That's their function. But if
there is some procedural impediment that prevents the resident from getting the appellet review that he is entitled to, it is incumbent upon the village to
provide a sufficient final agency action to allow him to appeal. whether what has been furnished is sufficient and Mr. Podium believes otherwise.
I mean that is the case. Whether he's correct or not is not something that we're going to be able to determine sitting here. But we need to a look at the entire file, look at the documents, see what is considered final agency
action, and most importantly talk to the attorney at Bora and say, "Is this good enough?" And if not, what do you need? >> Okay. Uh, several things I'd like to debunk. First of all, I've been asking for this final agency notice or
discrepancy so I could take to someone like Bora. Uh, for over a year, at least since last August, when manager Lou sent that email directive telling the building department and Pedro, work with me. Tell me exactly what I need to do. Make it clear. Let's wrap this up.
um that has not occurred. Further um the July uh the what does it say? June June 1st >> June 1st deadline. That is another error typo. I got an email last week from the building department that first said uh
your permit expires July 1st. Um you're not going to get any extensions. >> Then I get an email a couple days later. Oh, we decided you can do an extension if you want. I don't want an extension. I've been asking for the information I can take to close this out for at least
eight months if not longer and that has not been provided for me. Further, you everyone saw my permit that's approved that I'm seeking to be closed out. It is for both a six-foot uh wood fence on the side and the coral installation. They
are arbitrarily trying to split uh building permit which they have not cited a code for. This permit approved says structural not applicable. Engineering civil not applicable approved by planning and zoning. They have not reclassified this permit.
They have not rescended the permit even though they had that no mixup over a year ago saying, "Hey, we didn't we didn't have a permit." Pedro was here just 5 minutes ago saying, "Oh, we thought it was only a wood fence. Then we show up and it's this coral installation. We don't know what this is. You all saw the permit. The permit
clearly shows the coral installation." And again, the village last March rescended that nosy, legally establishing once again the validity of this permit on that date. Now we're like 15 months later and they're inventing a setback violation that they're claiming
for the first time uh three month uh three months ago. Um and they're claiming um which I'm still confused because you see the three exhibits I gave you, what was posted today, what I was handed in person, and what was posted online. None of it says anything about we're reclassifying it to
structural and here's the formbbased code. Pedro was just up here saying that oh for me it's a wall it's structural. Well, how come you haven't reclassified any of this? That reclassification is what I would need to go to someone like Bora or get my certified general contractor on the line. The village has
not done anything in that regard. And with all the messages I have been sending to the administration, again, this would not be in front of the village and the council if they have not been stone stonewalling me for so long. I have an email from uh this was my last email June 2nd to Mayor Nickerson,
manager Roseman. The clerk was copied on it. Um Pedro responded and copied the attorney. So the attorney has been on the full thread since at least June 2nd. And this is what I asked and what they did not respond to at all. >> Um
I say I acknowledge the August 27th email uh from Pedro. Sorry, one other thing. There's so much information off the books, >> like when does it expire or not? I first saw this June date today when it was handed to me. That's never been
communicated before. The emails I had last week say something different. I um these what was issued to me today is not uploaded to the portal. >> You know, what am I supposed to take? An empty page that says fail. >> What am I contesting? Doesn't make sense. Anyway, June 2nd, the email that
everyone's copied on, including uh the attorney, I said, "I acknowledge the August 27th email from Pedro where he cites Florida building code sections 105.41, 107.4,603.1, and 1604.4. While these sect where he's talking
about wind uh wind calculations and that sort of stuff. Um and I say while these sections govern structural design for regulated structures, they do not establish the antecedent determination that an installation approved under this permit. Finsgate structural engineering
not applicable for decorative coral should now be retroactively reclassified as a structural wall is that antecedent that they have not provided whatsoever as well as no building codes on uh the documentation you see in front of you and what's um there. I further said,
"The village's current position appears to retroactively split a single approved project into permitted and unpermitted components without identifying a codebase threshold for this determination. I respectfully request the following in writing within 10 business days. As for nine things, code
basis for reclassification, the specific code definition or threshold used to treat an approved decorative installation as a wall as a wall subject to structural design requirements." I asked what is the code basis for project splitting the authority to split a single approved permit into separate
permitted and unper unpermitted components after the fact the wood fence and the coral installation. >> I asked what is the nature of the asserted error? If the village maintains the permit they issued here was an error under the building code because it's
supposed to be structural. Please clarify if this was classification error at intake, either cured by amending the record or a deviation from approved documents under Florida building code. I also ask for specific setback data, the specific code section and exact
dimensions claimed to violate setbacks given that the installation sits 10.5 in inboard of fences previously permitted and closed under PB22-0143 from the year 2022, which they did not acknowledge or respond to. I also asked about vested
rights and equitable estoppel. The village's legal position regarding my vested rights. I have incurred over $15,000 in total costs and good faith reliance on the village's approved status and not applicable structural engineering determination.
>> Um I also asked stat um I also asked for a notice of final agency action and I gave them this intent to escalate. They knew this was going to be coming before you if they did nothing and they've been sitting on their hands from at least March if not the previous year in the previous administration. I asked um
again June 2nd notice of final agency action and intend to escalate. If the village is unable to provide the codebased justifications requested above, please treat this as a formal request for a written notice of final agency action. This notice is required for me to exhaust my administrative remedies and proceed with a formal
appeal to Miami Dade County Board of Rules and Appeals Bora to validate um what they're saying. Um I'm also going to pursue doing a formal complaint Florida DBPR against uh Pedro's license and other folks who I've been harassed by.
>> Um so that is that also um in regards of like is it dangerous or not? So I also >> that doesn't make sense at all either. If it is dangerous, why has the village not condemned it? Why have they been offering why have they extended it and offered to continue extending the permit
for over a year? It's been standing in place for over a year. >> If it's so dangerous, >> why is it not condemned or reclassified already? Why am I not already in front of Bora months ago? That doesn't make sense. >> Have they made any demands of you to provide the engineering calculations?
>> Only over email, which is off the books. So not on the portal and that's also I can't take something off the books just in an email. Not certified letter, not on the portal. And they did not answer the antecedent of why but what code base are you reclassifying from nonstructural to
structural >> right? Okay. So, my thought process on that is that for example with um uh just take like the wood fence, right? Or just just fencing, right? Just traditional fence, right? So, uh as I'm sitting here thinking about it, uh we have a uh a
number of styles or specific designs, I should say, not styling, but design of fence, right? uh that match with county approved designs that allow for uh wind to pass through so that the fence does not act as a sail in uh tropical storms
and greater. Right. And so uh one of the reasons that we don't have a requirement for engineering uh documents for say the wood fence is because there's already a limited number of designs of fence allowed because those calculations
essentially have already been done based on the design. So in my brain um I understand the reason it may not you know you still need some sort of calculation for a wall because maybe
that design is not uh you know specifically prescribed or calculated already by the county. Now I do not know that to be a fact. It's just in my brain. That's how I'm thinking about it. My there's no I don't believe in logic or reason. There's just my logic and my reason. Your logic and your reason.
Um uh so I mean I'm um I'm certainly uh in the weeds here uh along with you. It seems like uh we're in the weeds. Um >> uh >> I had one one more motion one more point. >> Um so regarding safety, I've offered the
manager and billing department. Okay. If it's so life-threatening, how about I sign a hold harmless to remove any liability from the village if that's what you're so concerned about. It's set back 25 ft on my property. So, if it did fall, it's gonna fall on my property. There's not pedestrians there. It's um
40 feet from the street. So, if it's such a life issue, liability issue, why has the village uh since, you know, at least March of this year, Stonewalled completely not answer anything about the hold harmless or what their stance is on
that, either yay or nay. Uh for me, they're talking out of both sides of their mouth. Oh, it's a safety issue, but we haven't made any redetermination in 15 months and we're not reclassifying it. And um >> that reminds me of one more question. So
um so in Mr. Martinez's explanation of the fact that this is an owner builder permit, meaning the owner is saying that they are the builder. >> My question I guess is did you build this wall? >> I hired a certified general contractor and I supervised you know while they
were doing work. >> Okay. Yes, I think >> and they the you can see the August inspection from last year where they're asking for photos and whatnot. That's another administrative violation. They can't ask for that if it's not a structural permit. >> If you're going to ask for that,
reclassify this to a structural permit, which they have not done, refused to do. I brought it to all of their attentions for months and months and months. The attorneys sitting here saying, "Oh, this is news to me. I haven't heard anything. I need to go investigate it for a period of time." >> Sure. But that's why I'm here today
because they've had no action again for months and months and months. There's this catch 22. It's not clear to for me at all how to proceed. I would like uh the council to investigate what happened today, why all these discrepancies in um you know, the paperwork that was issued
today. What's all what's that all about? Um because that has not been answered either. And again, this paperwork you say see today, there's nothing in there that says, "Oh, this is structural. This needs to be reclassified." They site no building codes. All of that is required to go to Bora. I've called Bora when he
first told me about it. They said you need a final agency, you know, notice or something that says fail. I have not The only thing I have says fail is the document I gave all of y'all that has no information on it whatsoever. >> By the guy who wouldn't address uh wouldn't say what his name was when he
showed up today. >> I'm almost ready to make a motion. Motion, we probably should hurry up. >> Yeah, I want to open up. Before we do that, I a really quick question. All right. So, before you make a motion, I I had one or two questions. Um maybe one
of you guys can answer this. Um >> is there um evidence that this is um able to be an after the fact variance by the council or is that because it was also an agenda item and it was published and noticed, right? Um
>> this just if if it's possible or if it's not, that's all. Well, but a variance is not required. So by right he had he's able to do the 25 ft back with the six foot. That's what we were told at the planning and zoning back then. >> So a variance for an 8 inch ornamental
wall >> that's six feet tall. >> Oh, you're saying can we clarify the record though? >> Yeah. >> The original variance was approved for four frontage. It wasn't and then it was >> the original variance was approved for it was denied.
>> The original variance for the frontage. fence. >> I'm not talking about hor it was it was a deny >> for the original for the original variance when he came. He wanted a 4ft coral wall at the regular >> not just the height of that cross line.
It is the entire cross line that was an error in that permit approval. >> Yeah. >> So ready to make a motion. >> So go ahead uh council. Oh go. >> Yeah. Yeah. Bar is not. All right. I'm going to open up to you guys. The residents come up first and name first and last name and your address for the
record. Uh three minutes you guys. >> Alexandra Basa 120 Northwest 86 Street. Um the reason why I stayed all this all this time I don't disagree that is a pretty solid wall and probably needs some structural revision but it is
absolutely unacceptable the way that the process is set up that they keep moving the the the if the building department doesn't have the the the um the structure together and they keep changing the rules on on on um you know
on the residents that is on them >> if they don't have any right or order or anything how they do things like how they approved the demolition of the radar church like we don't we not notice because they just you know pull things out of thin air
>> that is is another thing but the way I saw the video and despite of what Mr. Geller says this is a public matter how residents are being treated by the consultants is absolutely unacceptable. I was so upset. How in your property you
have no right to ask who is the what's the name of the person that is there with a a laser like trying to guess what angle are they trying to measure >> res >> there's abs it's absolutely unbelievable
>> how they're treating the the residents that the suning the suning official is saying oh I I don't know I have to figure it out >> the name of the person >> after a year or something Are you kidding me? >> It's is absolutely irresponsible the way
that And now he's like, "Oh, I have to defend the the building and the public." And >> absolutely not. You're trying to do whatever you feel like doing. That's what you're trying to do. >> I don't know. I have to figure it out. >> Thank you very much. >> After a year or something. >> Are you kidding me?
>> Hey, it's White 173 Northwest Street. >> And now he's like, "Oh, I have to defend." >> Oh, that was a lot. My ADHD kicked in. I started to sit there. I was getting preachy. I was like, "What's happening here?" Oh, right. That was a lot. Um,
>> number one, >> so the man's been first of all, she's right in the fact that why why he why he had to bring this here. If he was in touch with mayor, if he was in touch with Geller, and you know, I love you, Mr. Rosen, but my city manager as well.
If he was sending so many emails, why did he have to bring it here? Mr. Mayor, you had people go over to his house to say, "Hey, hey, hey, what we doing? How we going to do it?" And still, he's here. >> Right? So, that's a little confusing
because why couldn't we have just said, "Look, even if it was like, oh, you know, that man a pain in the ass. Come on, y'all. >> Let's sit it down. Let's try and figure it out because you know if he come, you know, he know all the laws. All them big words. Y'all was using big words. You
and Mr. Gella, big words. I got to get a thesaurus or a dictionary or something. Anyway, what you call it? Like, at what point did somebody say, "Hey, hey, hey y'all, let's just get together cuz you know, you know, he going to be a little pain. So, let's let's fix it." Why
didn't we do that? That I don't understand. Right. Okay, cool. But there are other things like, >> okay, so it ended up being a wall. It wasn't a fence. It was a wall. People were confused about that. Why didn't we
what was it called? Reszone it. My boy also said if you told him what he needed to fix, he would go sue his contractor, blah blah blah. Make sure it wasn't coming out of his pocket and fix it. From what I understand, I'm back there asking Mr. Martinez some questions. From
what I understand, a six foot wall can't be one foot deep. It's going to fall over like they do when you got what you said, Mr. Martinez. He said when you go to cemetery and the tombstone is put through that and then when the hurricane come, he flop over. Oh, shoot. Daddy, we
going to have to fix that, right? So he says it should be down. And we chat GP it too. Me and Violet, we chat GP it and they say about three feet. Now, why somebody didn't tell that man, hey, you need two more feet to go down before we can approve this wall. That don't make
no sense either. So, it seemed like there was a whole bunch of little simple things we all could have got together way before this meeting. You know what I'm saying? And that's why he feels quite possibly he's being picked on. Mr. Martinez in the back going, "Uh uh uh uh uh, it got to go deeper. The wall got to
go deeper or give me some calculations to say it's deep and that this soil can hold this at one foot." That's what he said. Why >> two people, three people, or five or six people couldn't have gotten these two
men to communicate better? I don't know. >> I'm sorry. Hence the frustration. Right. Right now he's utterly frustrated. He don't give a damn. He think Mr. Martinez is the most evilst man in the entire world and he talked to everybody.
So he has a right to kind of feel that way. So now he want to say sue y'all discrimination. I don't know why it came to this point. Like that part Alexander's frustration. I get that too. Like I don't know why it had to come to this point.
>> Um I think and I'm sorry Mr. I'm sorry Mr. Tom that they're gonna um have to sit now and get together and figure it out because that's what they're gonna have to do right now because now they're like wait a minute now. We don't want No, no, no. They gonna do it now. I know
they going to do it now because Mr. Geller said, "We don't want them problems you bringing." You threatened us like that man over there, Adam Newman. We was like, "Oh shit." Right. So, we don't want them problems. >> So, they're going to sit down now and get it together. So, I'm hoping by next month your stuff will be figured out and
at least you'll know who you going to sue besides us because we don't need no more. We don't We don't have a lot of money, Mr. Tom. We don't have a lot of money, right? We we have so much non money that I just looked the flyer. Thank you, Mr. Winter. But he want us to fix our own streets. That's how much
money we don't have. So that's crazy. So please, Mr. Tom, don't don't sue us. Mr. Mayor, you look like you were on the right track. You just got to pull more people together to get it to get it solved so that everybody can be happy. I
don't think Mr. Martinez is grievous. I just think they're really bad at communication and hopefully his department will get better at that. You know, we gonna pray for them. Lord, help. Right. Also, I'm going to ask the universe to please help Mr. Tom resolve
this before September >> because it's too long now and he's too frustrated. I don't think it was one or two or three people. I just think it was a hot topic and nobody knew what to do, >> right? But hopefully now we gonna figure
out what to do, Mr. Tom. And I'mma ask the universe to please do that so we don't have this issue. And like I said, we going to fix our own streets so we don't we don't have no money. >> Velvet Connelly, 355 Northeast 87 Street. Um, this is the first I was
hearing about this issue today and or I think the mayor had mentioned it about the agenda and I I am grateful that we have a mayor that would put something like this on the agenda, but I just am flabbergasted at the lack of shame. Like
this is to me like a shameful thing that something like this would have to be litigated at a council meeting and we as residents have to sit through this because whoever on the administration didn't take care of the issue so that it
could be resolved in the proper channel because the fact that something like this would even have to come into a forum like this should be a shameful thing that that should be counted as a shameful indictment of like how did we get here and the fact that this is being treated with some level of normaly like
this is a conversation that residents should have to sit through at 10:00 at night and for me that's the issue that I've been raising every time I come to the meetings is like a lack of accountability in our government there's a lot of money being paid out to the employees that work for our government
but it's not a lot of protection for the residents and a lot of times it feels like that's the source of a lot of the angst in the community is like the people that were hoping to protect us are the ones that we have to kind of be fighting against. And there's a real issue with that. There's a real issue
with that. And I'm not saying that to place blame because I don't, again, I just heard about this tonight, so I don't I don't know what all the the details were, you know, what they explained, but I don't know who's really to blame, but I just know this should never come into a forum like this. And
every time when something the ball gets dropped, it's us, the residents, who somehow end up having to pick, you know, like like uh bear the cost. And that's the part that I'm just not clear. How does that continue to keep happening? And nobody seems to like think that
that's problematic. Everybody just acts like this is normal. This is not normal. And I'm just trying to understand what happens from here. It's not even obviously Tom, I want you to get this resolved and I hope that this gets resolved expeditiously. But the fact that it got to this point says that real
swift action needs to be taken around who's in charge here. >> Where's the chain of command? >> Where does the responsibility lie? And who is accountable in situations like this that we can address and say, "Okay, what's going to be done now?" >> The fact that even now I'm not clear
what is the solution for him after we've sat here and heard all this. I'm personally not clear what is his solution. >> And I know I had a similar situation when I first moved here with a permit on my own home that the village tried to
come after me over after giving me a certificate of occupancy to purchase the home and then coming back and trying to come after me with code violations for things that >> were pre-existing me, >> right? and and it was a similar issue
and and there was there was no accountability about it and I had to do the same thing and threaten a lawsuit and then all of a sudden it went away. That's unacceptable. And that was 3, four years ago. And to see that stuff like that is still happening now. >> How how preexisting.
>> So for me, I'm going to continue to call for accountability and I'm going to continue to call for order to be restored in this government. And I'm not really sure, like I said, where it lies or whose feet it lies at. But I definitely know every time this
happens, for me, this is just a stronger and stronger case being built. some there has to be some accountability. It can't just keep being like well this is just how things are done in the village of Alesita 12th Northeast 90th Street. This is very typical and this is why all the
residents absolutely have a a a disbelief how our village runs. It's all the time. The inconsistency. It's it's it's constantly. Every single neighbor that you talk to, you do not understand what
are the rules, what are the regulations. We saw it coming up very very clearly with the development. When the developer came to introduce their plan, it wasn't their fault. It's actually like how our village operates, >> right? So, it was given they it was
given him the the permit. Uh but Okay. If it was done incorrectly, could you go back, find a solution, give him an engineer, go check it out, do, you know, at least take some responsibility for what was done. Maybe ask him to
cover some cost. Maybe you ask, but find a solution. But then we sit here and the way he was treated from the from the attorney, you know, the way he was spoken, like the attorney spoke when he was speaking, but Tom could not speak when the, you know, when everyone was
speaking. So I mean it's just this inconsistency constantly certain rules apply to certain people certain rules apply to certain people and yes I'm another the reason why I've been coming here for the past year every single day because for the past year I'm another
individual that I've been suffering the consequences of getting a violation on my property. six violations again through the inconsistency rules. They came into my property and I don't understand after 13 years my property has gotten better and better
and better. But no, they came into my property and they said, "You do not have grass on your swell." >> Why? Where I parked my car. Okay. I looked around. My neighbor, the entire swell does not have a piece of grass. But my
property was was sent a violation. You have discoloration of a of a of a of the roof. Look at around there's a boarded house in front of of my house. So this inconsistency we see it over and over again. That's why we're coming here.
We're not coming here to attack you. Mr. Martini has assured us that you are talking to these experts. We know you are not talking to experts because this conversation is very familiar to many of us. Many many of us. Every time you go, you ask what is the density for a school
to come into our neighborhood? Oh, we don't know. You have to give the them the special exception. Why? Where are our professionals? Where are these, you know, experts? You see, this is where the the distress exists and that's why he feels irritated. Um, we, you know, he
heard the attorney speaking for one hour just to cover the the back of this village, but he does not have a solution. He still needs to sit here and you know and he does not he's still going to go home more confused, more angry and you know and this is very
typical of of our village. I'm sorry but I mean might as well not exist in my opinion the back of this village but he does not have a solution. He still needs to sit here. >> Hello Eric uh 311 North 86 Street. Uh
this has been going on for years like many many years and we all know here like I know so many people who who are here with me that this was a coral wall. >> They were denied their variance. Everybody knows it was a coral wall.
Like I'm I wasn't the only one here. I recognized so many people that knew that they were building a coral wall. They were denied their variance. I was the one who told Tom, "Let it go. Don't pick a fight with the city. Go be happy. Build a six foot wall the way they they
told you that you could do. This was told here if you uh go and check the cameras, it will be uh this will be uh recorded. So let everybody knew including all of you here council
members that this was a coral wall because this went on for many many years. And I also want to say that uh because I'm it's hard to see my neighbors in such a cafka situation in which nothing can get resolved and I've
seen their efforts to try and solve this. I've seen uh like Tom take a step back to try and become level-headed with a situation that is very stressful and nothing works. Nothing works. And by the way, I've met the guy who installed the
the coral wall. It's beautiful. They planted uh native plants with flowers for the bees, you know. They care about uh the what shood forest is about. Uh we care about nature. They did it all for our village. They improve the value of
the village and I've seen that they dig a very deep uh hole to bury those uh a big big chunk of those coral walls. I it was so deep that I don't see that falling and I I chithat with the guy who
was uh building the fence and he told me that he does that for uh for many many years and uh he explained the situation. This is ridiculous and this is clearly personal. You don't need much to to see that it's like uh obvious as anybody can
see. It's obvious that it's personal and uh that's why I'm coming here. Everybody knew that this was a coverall and it wasn't just one day. It was many many days >> going on for many many years. Thank you. >> Clearly personal. You don't need much to
to see that. It's like uh obvious as anybody can see. It's obvious that it's personal and uh that's why I'm coming here. Everybody knew that this was a color and it was >> I'll try to be brief. I'm George Alvarez, 165 Northwest >> going on for many many years.
>> 88th Street. The reason we hire these third party consultants is for efficiency. It's for budgetary reasons. It's to make your lives easier. The reason that we have attorney Geller, the reason that we have CAP government, the reason that we
have the Cordino group, occasionally Luc Serbia, the reason such such as their duties are is to inform you impartially and so that we, a village of a small budget,
>> don't have to hire dozens and dozens of employees and to pay them salaries. ries and benefits. >> The theoretical benefit of hiring cap government and those other third parties
that I mentioned should be manifest. It seems like a very wise move that the mayor kept during his uh during his term. But if we are hearing this absolute rhetorical rat's nest of
verbal and mental gymnastics, then something is wrong. And it's not to lay the blame and in a personal way on on Mr. Martinez. He seems he seems like a solid guy, and I have no doubt that his intentions are good.
>> But you know what? We all have very good intentions. This this room is filled with people with great intentions who sometimes have difference of opinions. Now the efficiency and the efficacy with which cap government and any other
pertinent >> parties has to address Mr. Polium's >> question query let's put it that way should be quick. >> It should be easy. It should not be mental gymnastics.
It should be it shouldn't be deferred accountability as as as as as one of my friends uh in the audience said >> if this is not going as well as it should then the council and the manager
need to instruct capped government along lines which are which should be legal of course of course and that's where the attorney gets gets involved >> to make theme things streamlined We hire these third parties to
streamline our government to the benefit of our individual residents, >> not to the benefit of of theoretical law out there or potential developers who may or may not come with their fantastic ideas into El
because they know that they have the billions that we don't. >> So, let's at least draw a bit of a line and focus I mean it. Let's focus on what our
current residents needs are. >> I think that the efficiency to which the answer as to whether or not there was an incorrect approval >> issued. I think that should be quick
>> because the law is the law and if Mr. Pole has to deal with a law that is his duty. But if he has to deal with a law that was misconstrued or not passed through God knows how many
confusing emails that should be. >> That's a problem. >> And that's on all of us for maintaining a system that purports to be efficient but instead wastes our time and soaks
our tax money. Thank you. emails. >> Anyone else for this side? >> Hey, I just wanted to clarify a few things for the record. First, again, I passed this out already, but >> I think we did all see that as we were
discussing earlier. I just wanted to >> just just announce the dates into the microphone so it can be on the record. Um uh I know that we did all have a chance to look at that while you were making your initial statements but the microphone >> sure there was misinformation then spoken afterwards. So January 22nd, 2025
as my uh permit was going through review. Um Cordino Group Kimberly Barra uh asked what is the distance uh like where is the the coral going to be placed and what is the height of the coral fence? I answer January 22nd,
2025. The proposed decorative coral blocks um is 25 ft from the property line and per the application site plan, the coral blocks are 72 in. Then two weeks later, the building official Leonardo Luigi or Leori on February 6,
2025, about 2, three weeks later, um approved this permit as is knowing that information. Further, um as you were saying earlier, oh maybe they're confused because wood, you know, you have a county level form you can submit and then this this coral maybe that was
an oversight. Um, if you look at this original permit, um, another blatant error is it lists building code here, building code FB, Florida building code 2017, which specifically has to do with if something is uh structural and kind
of the strength of it. However, they on the same permit building code 2017 which specifically has to do with something structural and kind of the strength of
it. However, that's all I just wanted to correct that. So, there's more errors on the actual permit. Um, and again, they knew January 22nd, 2025, even if they did not read this correctly. I literally answered their question for the
application site plan. The coral blocks are 72 in high, they still proceeded to mark it not applicable. Building department approved it 3 weeks later, February uh, 2025. Thank you. >> Thank you very much. Uh, Mr. Pium, before you sit down, um, is anybody else
good? >> I mean, public comment. Everybody good? All right. So, we're going to close public comment for a second. >> Uh, Mr. Pium >> because I I understand the concern about how this got here. >> Um,
>> Mr. Pium, uh, just just answer these questions for me if you get it, please. >> First of all, um, everybody understands that the mayor puts things on the agenda, right? So, that's Mr. Pium, even when we were at your house, Mr. Pium, every when I spoke earlier and I gave the example about you guys, this is the
way I feel. So, you know, if a if a store did something, it's on the store. It's not on the resident. M. Pull, didn't I give that same speech when we were at your house in front of everybody? >> You did, and the manager verbally said, "You're right, mayor. I'll investigate, look into it, and I'll get back with you, Mr. Pium." Uh, three months of
follow-ups, no response, just stonewalling and allowing it to get to this agenda item today to take up hours of everyone's time. So, I just want to make the point that I think a lot of times, and this may be my fault, right, because I'm such an active mayor, but I think a lot of times people think as
mayor, I can make the decision, right, and not come here. I'm not a strong mayor, right? We have a manager form of government. So, I can't make those decisions. As a matter of fact, I do everything I can. I mean, I even go to the line, sometimes over the line, trying to be as active as I possibly
can, you guys, you know, but there's only so much I can do >> and to make things move forward once I get through everything, I have to find some other way to make these things move forward. The last thing I'll ask you, Mr. Pium, um, and and and you won't know
the exact number, but correct me if I'm wrong, but on numerous occasions, have I not told you, man, if I was a strong mayor, this would have been solved a long time ago. and move forward. I started a long time ago. >> So that's just the way our government is
set up. And so there's just so much I can do before I have to go through other routes and that's the reason why. >> And I've I've worked with both managers. Previous manager Lou again she directed the building department to do something in August. They never followed through. New manager got on on boarded, gave him a couple months, met with him in March.
He's been stonewalling ever since. >> So it's been 15 months in total now. >> Thank you very Let me just say this also. So, thank you very much, Mr. P. I appreciate it. Um, you know, >> I get all the calls. >> You know, I'm sure you guys get called
though. So, I get all the calls from residents with problems, inconsistencies, building department, code enforcement, this, that, this, that, right? I do as much as I can and like I say, I go to the line sometimes over the line. do as much as I can
myself um when there is not other things being done through other routes, >> right? But you have to understand that the makeup of how our government is and that's just kind of like the way it is. Anybody else? >> I just you how many emails did you send
out that were not returned? as much as I can. >> I sent out three to four emails uh to the manager over a period of time. Um I also um called his office several times. He did not answer. I left
voicemails, not returned. I engaged with him in person three times where he told me he was going to be investigating and then he never did. Most recently, the end of last council meeting where he told me, "Oh, sorry. I've been busy with uh the police negotiations. I'll get to
it. Which, you know, honestly is acceptable response. I don't know why he didn't say I'm busy right now. I'm going to get to this in I don't know, September. That would have been acceptable to me. But he's literally told me three times he'll look into it and hasn't. So, I've really have had, you know, I can't go to Bora because I
don't have a final agency action. >> Um, so this is my only venue right now. >> You would be fine waiting till September. Would that require an extension? >> Sorry. You just said you'd be fine waiting till September, but that requires extension, right? >> Um, no. So, since I had an inspection today, the law um get uh gives you 180
additional days whenever anything active happens. Okay. >> Uh on your permit. Um so, no, but I also don't want an extension. I've again have been trying to close this close this out for about a year. >> Okay. >> You just said thank you. >> I do have one question if you can stick around. Uh what is your position on
going to Bora if the attorney and manager do work with you to make sure that you have what you feel is a final agency action that can be acted upon >> I mean I would rather not >> but would you >> um of course that would be I mean I
don't know what other remedy I would have so I would do that and then the decision of that when Bora uh overturns the villages decision would been then use that also as evidence for the federal section 1983 case. >> Okay. Thank you for letting me know your position on Bora.
>> Yeah. And I would love to know the village's position, why they haven't provided that final agency notice, why everything is off the books, the things they put on the books, I can't take it to Bora. So, I'm literally asking, can the things they put off the books be on the books? And why have they been operating that way illegally for over a
year, if not longer? >> Thank you. >> Any other questions? And I would love to know why they haven't apologize. I don't want to extend this more than needed, but the final notice
was given on October on August 26, 2025. That inspection at a partial approval states the wood portion is approved. The OITE coral rock wall is disapproved and we need proof of it. That was the
notice. That's the notice he could have taken to board. >> It was given on August 26, 2025. >> Year almost a year. >> So the notice was there was good. >> Thank you very much. Appreciate it.
>> Yes. In the email I read to you from June 2nd, I acknowledged that email from August 26th 27th that I that I read. Um again, that was an email not an official not officially on the portal, not certified letter to me. I can't take an off the books email. And he never cited
or addressed the antecedent question of why are you reclassifying this >> from nonstructural permit which is what my permit is >> to now structural. >> He's just demanding engineering calculations all this stuff that they're saying oh maybe we should have asked you
that at the beginning but we didn't. So now it's all on you. So is there any correspondence from Bora uh stating that uh that the email was um insufficient as a final agency action? >> So I called them on the hotline and
that's what they told me. Um, interestingly, I hadn't brought this up before, but another wild thing after that March meeting actually, no, no one gave this instruction, but Pedro voluntarily contact after telling me I need to contact Bora, he took on his own
initiative to contact Bora off the books, sent it to me over an email. It's not on the official portal where he is lying to Bora, saying this person didn't have a permit. >> I have a permit. you know, um so and it said um other
issues within that, but strangely he went to go get a nonofficial staff report from Bora, which wouldn't even be a decision-making body anyway because that's like a like a council who votes on it, not just like a staff member. Um but he took that on his own initiative back in March, uh when he invented the
the setback issue as a new thing that was never on the books prior. Um and yeah, he went to Bora and said, "This person doesn't have a permit. Am I right?" And they basically, you know, respond back, "This is an official." Um
but you know, there's pros and cons to both sides. Um so that that has been a communication that uh Pedro has initiated with Bora, which I'm confused about why and also why that's off the books and not on the official uh portal and permit.
>> Thank you very much, Mr. M. >> Mr. Mayor, I I've been working diligently to try to solve this situation uh the moment that you brought us to Mr. Pulling House. Um Pedro and I have been looking for ways
to solve this um as quickly as we possibly can. Um I have spoken with you and I have told you exactly what my issues have been that I need to go through the building official to make
sure that what we're saying is something that we can hold in court. So I can't say to you something that I will, as the mayor said, I don't have the ability to just sign off and say and force Pedro to solve the problem. I have to go through
the established channel to be able to do this. Now, one of the things that that is missing here is the fact that you signed in your owner permit the the fact that you said that you had knowledge of all the ground rules and regulations
that conducted and the force and that structured building something like this coral wall. So, you did not know this. you we told you this this is something that you needed to to provide uh um um
factory plans for that for that coral wall that you never provided. So there were things that were missing. Now, one of the things that I have instructed Pedro to do is moving forward that every time somebody comes in saying, "I know how to build this. I'm going to build it
myself." That we have a conversation with that resident and saying you need to sign here that you are aware of all the restrictions and all the knowledge that you need so that if this ever comes before this body again, we can say, "Mr.
Pen, you sign on this day on that." particular time something that said we didn't you know you that you knew how to do this. Now one of the things that I take you know um issue with is that you continue to give dates that confuses my
administration with the previous manager when you talk about you know you like this date I would appreciate if you mention the year when this was happening because all of this time and I acknowledge that there may have been a
mistake that was made in not forcing you to sign that you knew what you were doing when you decided to build this yourself or you did not have someone a contractor a licensed contractor to whom you could appeal that they didn't build this thing correctly. You mentioned this
that you did have a a a contractor but you don't have a a a contract with that contractor to build the wall. You said that you supervised Well, this is not what you said on the on the record. You said that you supervised. >> Okay. But this is this is what what
happened. >> So this is the the kind of thing that you know once you bring my name into this situation, I would appreciate if you did it correctly and you you know fix to the facts. The fact that I did not respond to your situation does not
mean that I did not act on it. Pedro did what he did directed by me. I said we need to find a solution to this problem. We need to find solution to this problem right away. No one here is against you, Mr. Poland. We have no issue. I don't know you until that day. I had never
laid eyes on you. So I do take exception when someone comes in and takes ownership of something that they are not getting their way and saying that we are all in cahoot and we're sitting here in some dark room planning on how we're
going to you know um have actions by the village to affect your property. Nothing gives you cannot give you that kind of of impression because nothing s of that nature has happened. I have worked very
hard to try to find a solution with Pedro and the rest of of the cap team to find a solution. But as according to the the calculations that wall has a very shallow foundation. >> Okay. But it sounds to me, Mr. Pullman,
let me say this because I'm I'm very frustrated by this conversation. But but but it sounds to me that you are more comfortable in having a structure in your house that could fall on on a child and kill them than correcting the
situation. So >> the whole is not something that I can sign because you are not going to be saying in your whole house that this is going to be a property that you will keep. So 10 years from now, >> how do I know? How does anybody know here in the village that that's going to
be the case? >> 15 months David Roseman was not here. >> Okay. 15 months David Roseman was sitting at the city of Miami trying to find housing for the homeless. >> Exactly. I mean in those three in in those three months you say I done
nothing but you know I move Pedro to to say let's deal with Bora >> I don't know I don't know exactly what the results of today were but I >> this this happened today. >> All right you guys >> this happened today. So I'm saying work
with us and we will help you. the the ma the attorney is saying, "I'll be happy to sit with the with the with the with Pedro and the and the manager to try to find a solution that is is suitable for for for you and for the law. But one of
the things that we're not going to do is is going to be taking on all of this responsibility when you have signed documents that said that you knew what you were doing when you clearly did not." >> So, this is I'm sorry, but this is how I see it. Respectfully, he's changing the
goalpost once again. >> So, I'm changing the what? >> Changing the goalposts once again. >> I'm not changing anything. >> If you have been so active, how come I had received no communication whatsoever from you regarding this? I wouldn't be an agenda item if if we were working on
it. >> I wouldn't be here today if you were working on it. >> And further, the assertion that it's only one foot deep. Where is the proof of that? That is an assumption made by Pedro. It's not on the village portal. There's no documentation of it. Do you
see on your exhibits today where it says, "Oh, this wasn't built deep enough cited by this code." No, it doesn't exist. They've invi invented all of it in this moment tonight. >> And asking for more time. >> I'm not asking for more time. We have to
sit with you and talk to you. I've tried three times. >> Sorry. >> I'm I'm providing more time. I authorize the extension of your permit to give us more time to work on a solution. I don't know how what else do we need to do to come to a conclusion that you will be
happy with. >> I don't know where that certified letter is. >> Yes. At some point, we have to stop it. >> All right. >> We We have to stop it. >> This is It's too much. >> I'd like I'd like to make a motion if I may. Okay. Let me
>> make a motion. >> Yeah. Yeah. We're going to do we're going to do that in a second. Um we want to make sure that the motion we can like legally make it. I'm not sure what attorney Giller is going to say about that. So want to make sure we're that because I heard a lot of legal stuff going on today. Um just want to say for the record you guys that uh as far as
signing off on things and this may be something that the the manager cannot sign off on. But >> managers do have administrative approvals and administrative adjustments. Manager Aloo used to do it frequently, >> administrative approvals and
administrative adjustments >> and when I would get calls from residents >> and there would be situations >> and I would take them to manager Lou, she would do administrative approvals and administrative adjustments >> to kind of close the situation out and
to stop everything from going on. Um, let me say something really quick about the checklist. Uh, Vander Roseman is right about the checklist. But I just want to say for the record though, that came from me when we all was leaving your house, got back in the car. I said, "You guys,
>> we need to have something to where when people come and apply for things, they get a checklist. You have to do this and this and this and this." So, two months later, three months later, won't be like, "Oh, did you do this?" >> I said that when we got in the car. >> Okay. Another thing is, and this is like
maybe a overall more of a a macro thing, >> is the communication. I remember even with manager Lou, who you guys know you got a long great even with manager Lou, I would always bring up things like, "Hey, I get residents calling me like, "Mayor, I've been living here for 25
years. Like, if my permit was about to expire, couldn't you guys have at least given me a phone call?" And for years, and I know recently we've established the the the email thing, the automatic email, um, which I appreciate,
but for years, I would say you all, we're a small village. Why can't we have more like boutique type of like interaction with our residents? Why can't we, hey, send an email. Hey, I just sent you an email. Heads up, your
permit expires in a month. Hey, in two more weeks, your permit expires. Hey, you have five more days left. If it expires and you're going to have this type of penalty, you'll have to re like those simple things. And every time, just to be frank, that I would do these
type of things and bring it up with code enforcement building and things like that. I was always told, you're the mayor, you're legislation, you're stepping across the line, you're not administration. >> All right. So, what do I do then? >> What do you want me to do? you know, so
like I said, I always go to the line, sometimes over the line, but I I'm trying to do everything I can do, but I can only do so much. >> Okay. Um, back to the council, we have, in my opinion, we have two pathways, right? We have the the Bora,
um, and we have the, uh, engineer structural calculations, getting the engineer to come in there. Um, as I said before, personally, I don't believe that the resident should have to pay for an engineer to do that, but that's what I see are the two pathways that we have.
Um, I'm open it up to you guys. >> I'm going to make a motion. I am obviously open to amendments. I'm not a lawyer. Um, I will try to use as uh exact language as possible. Here we go. I move to
temporarily indemnify the resident from action regarding his property as is until July 28th at the general council meeting for July of the village of Elportile, at which time the manager
would present a report to the council based on collaboration with the attorney and our building official to inform from the council whether or not a a solution has been arrived at through
the Bora process or what action the manager is recommending to the council based on his audit of the official record. >> I'll second. >> That is a proper motion. >> I'll second it.
>> All right, we have a motion. We have a second. U Madam Clerk, could we have roll call, please? >> Roll call. >> Council person Winters. Yes. >> Council person lifewood Ward. >> Council person Bomb. >> Yes. >> Vice Mayor Martin. >> Yes. >> Mayor Nickerson.
>> Yes. >> Motion passes 5 to9. >> Thank you very much. >> Um, was it extended? >> It's 11 o'clock. We need to move to extend for determined time. >> One of you guys, when you guys make a motion, >> we have an item ahead of us. So, I move to the extended meeting 30 minutes.
>> I'll second it. >> All in favor say I. >> I. Hearing none. Um, next agenda item. So, the next agenda item is about an initiative I'm trying to put together as a >> um neighborhood work together. Um I'm
addressing in this agenda item a known hazardous condition uh in a practical and timely manner. So, these are called fatigue cracks. uh you see them all throughout Elportal and the fatigue cracking present um is right now I'd
like to try a proof of concept in one location. So this is not resurfacing. This is not reconstruction. This is not pothole repair. I'm not doing any recommendation for anything structural, something that will affect our we're talking about uh limited crap f crack
filling in the walking areas of sherid forest using the do approved material perma patch. >> Uh the areas we're addressing are minor. Most cracks are approximately a/4 in deep with the deepest around 1 in. So these are not structural failures. They
are surface defects that impact daily use. They impact daily use for those with strollers, those with wheelchairs, those who are trying to take a scooter or bicycle down it. We're not talking about all the structural potholes here. >> Um so the residents these that residents
walk these streets every day because there are no sidewalks. We have parents with strollers, bicycles, scooters navigating these rough conditions. These small defects are exactly what cause strips, instability, and difficult and everyday use, and they've been here for
decades. Um, the perma patch is not a niche or an experimental product. It is Department of Transportation approved. It has been used by cities. It's a cold patch, meaning you do not use any heat for it. Kind of works like uh kinetic
sand where it just like turns into a blob and falls into a hole. Um the material is routinely used in roadways maintenance, parking lots, municipal repairs across the country. It is specifically designed for real world application with specialized without
specialized equipment. In one of the how-to videos, it says the mother can just pour it in the crack and drive it over with her her tire and it becomes a hard surface. Now, it's also been proved that it also lasts longer than asphalt. So, um it it's requires no mixing. It's
placed directly into the crack. It becomes traffic ready almost immediately. The installation is simple, controlled and can be completed across the walking areas in approximately 2 hours of shore force. It is widely used because durable perform
uh the installation is simple, controlled and can be completed across the walking areas in approximately two. Uh it is widely used because it's durable and performs well in these applications. This work would be conducted in a controlled environment with proper
maintenance of traffic measures including cones, signage, police presence. So we can also require participants to sign waiverss and coordinate with the public's works for oversight along with any rightaway or permittings that are required. So I have
been asked by the attorney to bring this before council and that's what I'm here doing. I am fully prepared to conduct this in a safe and control manner including police presence, proper traffic control waiverss, coordination with the public. Um,
>> I also want to clarify that before I brought this item to council, u I did send an email on May 11th uh to the manager requesting guidance on how to proceed and then I didn't hear back. Then I followed up again with the manager on June 12th on how to proceed. I did not receive a sub uh response
again. So then I spoke with the village attorney who advised verbally that the matter should be brought before the council. Uh but I didn't get a written response of why he had to come to the council for a legal basis since we're not doing a structural repair to the road and I'd be using my discretionary
funds. The the so the council of but I did hit a wall. Sorry, no pun intended, Mr. William. Um the mayor stated um this can be placed on the meeting agenda for the council approval
which is why we're here tonight. Um so there was also mention that this involves a county street but based on documentation presented earlier tonight in the first agenda items, the village maintains Northeast 85th and 86th Street and we're not going anywhere near Second
Avenue. So we're only staying on the roads that are maintained by the village. So the repairs are not occurring on second just 85 and 86. And to be clear, it's not a resident free-for-all and not a precedent for residents to repair roads on their own.
This is a council person initiated controlled supervised event to address a condition that has existed for decades and everyone complains about. So my question tonight is simple. what is the
path to move forward? If if there's a specific requirements, whether that is anot approval, a rightaway review, or administrative permitting, I'm prepared to meet them. I just need clear direction so that I can move forward uh
from this discussion to action. So, everyone agrees that the the roads need repair. So, the the current condition presents a risk. Improving the condition reduces that risk. So, this is a simple, immediate, lowcost way to improve safety
for residents who use these streets every day. And doing nothing is not a solution, obviously. But I'm I'm simply trying to create a volunteer initiative to use my discretionary funds at my discretion to help the everyday people in Elportal.
>> Thank you very much. I'm going to let you guys jump in a second. Um the first thing is so everybody understands um >> Northeast Second and North Miami Avenue are state controlled. >> Everything else is county controlled. There's nothing that's Elbertal controlled.
>> Right. So um go ahead. >> Manager after some discussion with me about this looked into this further. I expressed when I spoke to the council,
Councilman Winters, um, >> look, he's proper to bring it >> and that's why I advised it needed to be said on the agenda. We are officially aware now >> because of the emails that there is a
hazard. >> The village is responsible for maintenance and there is a hazard. We cannot ignore it. So in that sense this is entirely appropriate in terms of
what council council windows brought. I I sent him earlier actually during the meeting but the manager reached out very wisely to our insurer with the League of Cities
to ask did we need some kind of special insurance? How could this work? Um, >> this is a matter of public record and I'm not going to read the whole thing, >> especially considering the hour, >> but among other things, Michael Moral
from the our league insurer said uh he um thanked the manager for addressing this before it was done instead of afterwards and saying oops and said um thank Thank you for thinking about
risk management. Now, he calls it a pothole repair. And I'm clear that Councilman Winters has said no, it's not a pothole, okay? It's it's smaller, but he said that even pothole
would fall within the scope of our existing general liability coverage through the League of Cities. But there were a few particular considerations and I'm going to read one of them into the record. Who performs
the work if repairs are made by village employees or public works staff? Standard employment and general liability coverage applies. >> Great. If volunteers or elected officials are
performing the physical work, that introduces additional questions around volunteer status, workers compensation exposure, and whether the work meets professional standards. I mean, Councilman Wyers, that's basically
exactly what I told you was my concern. Then it goes on to say quality of the repair, a substandard patch that later causes a vehicle unlikely or pedestrian incident can create more liability than
the original pothole. Ensuring repairs meet accepted road maintenance standards is important both operationally and from a coverage standpoint. And he says the village has to document what was
repaired when, by whom, and to what standard for both liability, defense, and general records. >> And then it says, if non-municipal equipment or privately sourced materials
are used, that introduces additional questions worth reviewing. and he said, you know, yeah, by all means, it it sounds great to get this fixed, but >> public works has to be involved both so that the road is done right and in a
claims context. >> Basically, >> so this is very simple, mayor. >> There's a problem. >> We're on notice. >> It needs to get fixed
>> and it's it's laudable. that the councilman is looking for a way to do this at low cost. But the bottom line is that cost savings could get us soup.
And rather than get sued, we need the village needs as quickly as it can do it. And we may have somebody that's already on a continuing contract for general repairs.
We need to pay to have this done >> either by a contractor or by our public works employees. Now, if if Councilman Winters is in a position to contribute
some discretionary funds, and if this particular um substance that he wants to use is half of what it's cracked up to be, then the village should buy it through its
normal procurement policy. And it can be done either by public works employees or it can be contracted out. We have to do it. We should do it promptly. We should do it before anybody gets hurt.
But we need to do it in a way that doesn't expose us to somebody coming along getting, you know, a high heel, stuck in a repaired crack, falling, breaking an ankle or a leg and saying
this wasn't done to proper professional standards and have our insurance company say you're not covered. So, it's a great idea, but we need to listen to what our insurance agent is telling us. We need to bite the bullet. I know this is a
tough, you know, fiscal year. I get it, but we need to bite the bullet. Do it right. Do it in a way that will protect the insurance coverage >> that we're paying for. And, you know, kudos to the councilman for bringing
this forward. It is a problem. needs to be done. And if he's in a position to contribute some discretionary funds and and we, you know, buy that particular substance, which is great, >> so much the better. >> But doing it with volunteers
is playing Russian roulette with the villages liability. >> It's not the way to do it. >> So I I've got to interject. Let me just add >> attorney uh report. Um in anticipation
to this, I directed Adam, our public work um coordinator to get quotes for the kind of work that you envision doing with volunteers. And I spoke to Mike this afternoon. Actually, he called me back after he had left um and said I
said, "Could we have a combination of both? contracted work and volunteers. It says absolutely, but you just have to make sure that there are signed waiverss by those volunteers who are not covered by the contractor hired to do this work
that they agree to assume any kind of responsibility if they were to get hurt in the process of doing this work. >> Attorney Jer said the total opposite of what you're saying right now. >> With deference though, Mr. Mr. manager. >> I still you're correct that that would keep us from having workers compensation
claims from anybody who got hurt. >> My concern would still be based on what Mr. moral said that if the repair itself was done part by volunteers, the amount that we would save
does not, in my opinion, justify the risk of having our insurance coverage voided. I bet this is not tremendously expensive when you see the quotes >> and you know, the materials still have
to be bought. Maybe the councilman's uh discretionary funds can go and help with the purchase, but he shouldn't be purchasing it. It should be purchased >> through the village procurement, but he can help defay that cost. And if we're going to do, you know, professionals in
charge and professionals doing most of the work, the the savings of a few volunteers to do part of the work. I just think it's I I don't disagree with what he said to you, but I think it's still a risk and just you need to fix
it. Bite the bullet. Get it done. >> I I I just want to repeat the first exact sentence I said is that this is throughout Albertal. I'm trying to prove a concept in Sherwood Forest. Everyone here has cracks in in street all throughout the streets. It's it's it's
all over Elportal. I I can't proide with my discretionary fund to fix the streets with this, though. It's an inexpensive way to do it. But luckily, um I am not a building expert. We have one here today. Pedro Martinez is here and he knows a little bit about the substance, which in
my opinion is foolproof. But maybe Pedro can come to the stand and and tell everyone what he knows about the perma patch and basically understanding that the ease of use and knowing how it works can make life
easier to understand. This is not a real >> validity of the substance. I have no doubt that you're correct. >> The substance is probably very well suited. The issue is our insurer is telling us that if it's
applied by volunteers and not by contracted employees or professionals, it may void our insurance comage. If someone makes a claim and it
could result in somebody being hurt because it wasn't applied properly by somebody with the best of intentions. >> Uh Pedro, would you spread any of your knowledge you might have on it? >> No, but I see you're both right.
>> You're both right. You were trying to use the proper material >> and the attorney is advising about the insurance consequences. So you're both right. So if you maybe you can work out way to do volunteers like the manager says
>> I don't do something I just want to fix the roads. I know it's very expensive and Sherwood Force is a little thing but all of Elportel needs it and I'm trying to do my little part which I I appreciate you both working towards getting it done. Even if it goes around me and you don't use my volunteers fine
but it is something that we need to address. >> You see in the news the attorneys you fall you fell we'll go for you. You get millions. constant advertising. That's what the attorney is trying to >> I just know it much more unsafe right now than it would be after it's done.
>> But you're both right. I'm sorry, but thank you and for your vote of confidence. Anyways, >> thank you. >> Uh lastly, the um earlier um on the record um email from Ron Nelson, Department of Transportation and Public
Works specifically noted that 86th Street is citymained. it's on the the map or down here. >> So, whenever we do anything on the streets, like for example, we do something like that, we have to go through the county. If we do something on Northeast Second, North Miami Avenue
is F. Florida Department of Transportation, state. >> It's just the way it is. So, it could be city, whatever. It could be whatever it is. You do something on the street. if this city whatever that would mean that if there's a stop sign right here that
doesn't touch a the um the northeast second North Miami Avenue avenue you can remove the stop sign you can't just remove a stop sign if you want to put a stop sign you can't just put a stop sign who do you have to get permission from the county the way it is >> you got to get permission from the county if you wanted to take that street and remill it
>> just can't remill a street >> 88th street 89th street we got to go through the county to do the remilling of the street we got to get permission so it could be owned by whatever is owned. Still have to get still have to get permission from the county for those
streets. >> This not regarding item. >> This is regarding this item is regarding this. >> Yeah, it's regarding this current. May Mayor >> understand. >> Mayor, >> the proper motion to accomplish most if
not all of what Councilman Winters wants to do >> would be a motion to direct the manager to I got this one. would be a motion to direct the manager to obtain quotes to purchase uh proper materials
investigating the the one particular material that Councilman Wy said, but to obtain quotes to obtain proper materials and to get the work done as quickly and inexpensively as possible
without avoiding our insurance coverage. And if it turns out that there's a way to do that that in some fashion incorporates volunteers, that's covered by the motion. It just says in a way that won't
void or potentially void our insurance coverage. And if they can work something out with the insurer that allows it to be properly professionally done or supervised, but there's some role that volunteers can play that would be
covered by the suggested motion. >> So the only thing I would say is this. I would say that we should make a motion to get the gather the information on it and then come back to the council to vote on it. There's a lot of things we have to decide on. For example, since
When did I first send this out? >> Uh, >> what is this? January. >> Since January, I've done I've gotten um our engineer to do all the specs and everything to fix that road that's over
there by Sher Forest Park where the street is actually disappearing. >> That needs to be fixed also. So, Elbert, unfortunately, we don't have the big budget everybody else. So, we have to decide where we're going to put our funds. May May your motion is entirely
your your your >> take on the motion entirely proper and it just says direct the manager gather instead to gather all information necessary to about purchase of materials getting the work done in a way that
doesn't void insurance company and to bring as expeditiously as possible and to bring all of that back to the council >> for final that I'm >> that would be the motion Somebody wanted to bring >> I would like to pay two cents for 45
seconds of air time if I could. >> Okay, this is my 45se second take on the flyer here. >> One, one of the committees we used to have was public works. If we bring back a committee structure that encompasses those actions, we'd be able to address
this in a public works committee in an organized discussion. Two, perma patch is a plastics product. I will not support any plastics products whatsoever for the rest of all of human history. F plastics and every form of it for life.
In the special needs community, they say God doesn't give you more than you can handle. But guess who does? Dalo Chemical Company, DuPont Chemical Company, Exxon Mobile, Bear, Monsanto. There are people who give you a lot more than you can handle and God has nothing
to do with it. this plastics product for me. Now that now now this is interesting to be discussed in the public works committee. This particular product is primarily sold on Amazon and Walmart through a private equity firm. And so I
definitely think there's a better product out there. And the last thing that I have about this form is as a no party affiliation registered since 2002, I take issue with somebody that also puts Libertarian Party of Miami date county on the form and then putting independent. I'm sorry. I'm an
independent and I can prove it. >> Thank you very much. Anybody else from the council? I'm go I'm going go to you guys in a second. All right. Let me open it up to you guys uh really quickly for this particular item. I'm back. Denise White, 173 Northwest 88 Street.
>> Um, what do you call it? Okay, so the first thing I was wondering as you spoke about Mr. Urban was is it is it environmentally okay? I was worried about that. It sounds great. You just put it down, you run over it. Now, am I for fixing streets since I got here?
That's all the people wanted to do is fix their streets. But it's got to be all the streets. And I know you said Sherwood Forest and beyond, but Elportal is not Sherwood Forest. Sherwood Forest is a part of Elportal. We talking all of Elportal and over there on the on the
east side over here on the east side. Yeah, we get forgotten all the time, right? So, we have cracks and holes and stuff like that, too. I do like that you brought it to everybody's attention, though. That is hot. You understand? That is very hot. But if it is plastic, that's not going to do. We have enough
plastic. Plastic is everywhere. In fact, they said now it's in me and I got to eat um kimchi to get rid of microlastics in my gut. Who does that? Right. Did you guys hear about that? Right. So, not that's I'm not I'm with you, Mr. Urban. Enough plastic. But I do like that the
council member is listening to us and he did bring it to the attention that hey, it is. But um the Sherwood Forest make me think that you only like Sherwood Forest, Mr. Winters. And I know you like all the Elort, but it can't just be Sherid Forest. Yes. I have no problems
with your affiliations though. You back whoever you want to back. That's fine. As long as you fix my roads, you handle that. Amen. >> Thank you very much. Anyone else? >> I'm so sorry. I'm so sorry. I'm in love with my manager. I know he not perfect. He is perfectly imperfect, but I'm in
love with my manager and my and my attorney, Mr. Geller. I'm in love with both of y'all. Y'all could go ahead and be imperfect if you want to be, but you know, sometimes Mr. Maybe you might want to email. If you need help emailing them, you call me. I'll come to your office.
>> Anyway, anyone else good in welfare for this particular item? We're good. Going once, going twice, back to the council. Um, okay. So, attorney Geller made a suggestion which is um they go they gather all the information and get
everything ready to bring back uh to us at another meeting whether it's public safety or whether it's I mean whether it's uh public works or whether it's a council meeting we'll decide that later >> but um is that a motion someone wants to make >> before we do that a few things I did
mention that this is a problem all throughout optel and I said short force was going to be a proof of concept I was not at all trying to focus there. I said that multiple times. Um second is um oh late I forgot what I was going to
say. But the main thing is u I want to make sure that we make that motion that the attorney recommended that we put a specific date on it so that it just doesn't hang in limbo until next year. Like if we're going to do it, you know, let's do all the research and bring it back in July. Obviously, we have no
actual things going on in August, right? This time, maybe. >> And um >> and the other thing >> I don't know. I'm tired. I'll let it go. >> Um >> do you guys feel like staff that July is
enough time to gather all information? Do you feel like it's July or do you want to >> wait until September or I mean we can do a special meeting another time to have a special meeting in August or something? >> Yeah. I'm I'm just saying what you think
y'all's capability is. >> Okay. >> Okay. >> Okay. We do. >> Okay. >> Thank you. >> All right. So, um so we have a motion to bring back all the necessary information
to make a decision on moving forward with this or not um by the July uh council meeting. All right. Somebody want to say uh yes to that. >> I'll make the motion. I just don't know how to repeat it all. >> We're good. We're good. Make a motion to that and then we have a second. >> Okay. So, Winter is making that motion.
I'll second. >> All right. So motion by council person winter, second by council person bomb. Madam cler, please have a roll call, please. >> Roll call. Um, council person Winters. >> Yes. >> Lifeford board. I'm going to come back to her. She was sitting for discussion. She must vote.
>> So I'll come back to her. Council person bomb. >> Yes. >> Vice Mayor Martin. >> Yes. >> Mayor Nickerson. >> Yes. >> We have to vote. We have to wait for her. >> I I remember my last comment was while we're waiting for her. Um the actual
thing that got passed out tonight was my um per personal proof of concept to the manager. I did not mean to have chat GPT put Libertarian Party on it. If I had something passed out to the residents, it wouldn't say that, but it was something that obviously slipped through the cracks as it was showing the manager
how the process worked. >> I don't take issue with Libertarian Party being on it. It's the word independent with a with a political party. It's it's Um, there. >> All right. She's she's she's coming. She's coming.
>> She can actually go from where? >> All right. We're very good. >> Council person Ward. >> Council person Lifewood Ward. >> Um, if you guys look there, you see my manager, my mayor's report. Um, if you have any questions, contact me. Attorney Geller. Attorney Geller, do you have a Attorney Geller? Is there attorney
report? You guys look there's reports attorney report. >> Yes. Council person life war. >> Yes. >> Motion passes 5 to9.
>> Uh Mr. Attorney mayor, there's one matter. Um I received a communication from someone from the Weiss Serota Law Firm. Uh they have filed on behalf of a nonprofit a lawsuit against the state challenging
>> the recently passed proposed referendum to more or less eliminate a great deal of all of the residential uh property taxes uh that they've sought to put on the ballot. challenging that the summary
is misleading, that it's contradictory, that it's poorly drafted, and that it's not designed to accomplish what it claims. Um, they've done stuff like that before, and I've brought some of it to
you. Typically, um, they ask for some financial contribution. This is an exception. They've said that the lawsuit is fully funded by their nonprofit. They're inviting
municipalities to sign up as additional plaintiffs at no cost whatsoever. Um, I should point out that if the suit is completely unsuccessful, there is a small likelihood that there could be a
cost judgment that would be shared equally by a whole lot of different cities signing up, but it it's the the nature of the lawsuit challenges the way it's drafted. It doesn't require extensive amounts of depositions or
experts or witnesses of any kind. It's it's pretty much based on the drafting. Any cost judgment would be likely to be quite small. So, I'm presenting it to you. We don't have to make a decision tonight. I know you are just hearing
about it. I got the communication very recently. But if you want to join in the lawsuit to block this totally ill-advised attempt to essentially kill property taxes as a method of funding
local government. You have the opportunity to do so at this time at no cost. You could do it by motion now. I or I'd be happy to, you know, address it to you further if you have some other group meeting coming up perhaps at a special meeting that's being considered.
>> We'll do another meeting um just because to vote on it. It should probably be on the agenda and some >> All right. Uh Mr. Man, >> thank you very Mr. Manager. You have anything you want to say as far as a report? Are you good? >> Okay. Thank you very much. Do I have a
motion to adjurnn? >> All right. Motion moved by council person, second by council person uh Winters. All in favor say I. I. All oppose say nay. Hearing none. The council meeting for uh Tuesday, June 23rd is adjourned at 11:37
p.m. Winters. All say I. All say none. Council meeting for Tuesday, June 23rd at 11:37.