Regular council meeting for Tuesday, May 27, 2025 is called to order at 7:09 p.m. We're going to have a moment of silent meditation followed by the pledge of [Music]
allegiance. I allegiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisible liberty and justice for all. Thank you very much. Clerk Jacob is not here tonight.
Um luckily for us filling in will be manager Lou. Um madame manager when you get the opportunity can I please have a roll call please? Absolutely. And please bear with me. I don't do this but maybe once or twice a year so I don't remember
every time but I will do a roll call. Um council person Winters present. Um council person Anna Lightoot Ward here. Council person Anders Irvine present. Vice Mayor Darian Martin present.
And mayor Omar Nickerson here. Okay. You have a quorum mayor. Thank you very much. Appreciate it. For the record, we do have manager Lou here. Um, clerk Jacob is absent and um, attorney Yeller should be on his way. Um, for the first
good and welfare, um, anybody can say come up and say your name, address, you can talk about anything you want on the agenda. Um, there also will be time for you to talk at the agenda item, but we still we will stick to our three minutes um, from now on until that's
changed for the first good. Not seeing or hearing any. Um, moving right along to uh consent agenda. We're going to move on consent agenda. Um, clerk Jacobe is not here and asked that we hold off on the minutes. So, we're
going to move on that. The next thing, let's do approval of the agenda. Do I have a motion to approve? So move. Moved by council person. Do you have a second? Second. Second by Vice Mayor M. All in favor say I. I.
Post say nay. Hearing none. Um we're going to move on to the reports. Madam manager, just want to do a quick report you guys while we're waiting for Attorney Geller. Thank you. Um as is every month, the village
administration is quite busy. Um just an legislative update. Um there's not much change from last month. uh which is a good thing because that means that the village's police department expansion um uh request or appropriation request is
still viable uh in the governor's office. Uh through Senate Bill206 uh we have um appropriated funding uh of $350,000 to assist us with the expansion of the police station. Hopefully it
makes uh the final approval of of the governor and we will get those fundings uh those funds. It will be a match grant. So we would have to um you know u provide the um equivalent of that to to have enough to make those changes. So um
we're still viable. We're not out of the game yet. I I also want to uh let the community and the council know that our um top lot renovations are um awaiting uh the
building department's permitting approval. So those items have been ordered and things are ready to move, but we are uh in need of permitting and are um just held up by CAP government at this point. and our building official is reviewing some items that may require um
additional funds, but we hope that we can come to some kind of agreement and understanding and we'll present that as soon as that is u made um final by the building department. But on a lighter note, the nature trail park exercise equipment should be installed um in the
month of June. We're excited for that. Um the park uh also received five new trees. We um planted five trees as our ar observation of Arbor Day uh in April at the end of April and uh so we are uh happy with that um landscaping that
we've installed and will um have exercise equipment for everyone uh in the month of June. We're excited because there will be three pieces of the equipment that are ADA um uh accessible. So we're we're happy for that. Also, a
point of good news is that the Horseman Middle School safety roundabout is finally approved by Miami Day County. We have a permit. Thank goodness. It took me a year, but we got it. So, I'm so happy. And so, the uh residents on the
west side will soon have its own roundabout and traffic calming on Northwest 2nd Avenue and Northwest 91st Street. It'll be in that intersection. And that was a a project. I mean, there's been um that was from a Senate appropriation um from u the state of
Florida several years ago, but it's taken us that long to go through designing and and working with uh Miami Shores to do an interlocal agreement because that divides our our cities or our municipalities and then also going through the permitting process with Miami Day County. So, we're finally
there. We have an RFP or excuse me an invitation to bid um on the um demand star and we're seeking um bids now and we hope to um leave that open for a month. Hopefully we'll get some good uh contractors proposals and we'll present
something hopefully in July uh to the council for approval in terms of selection of the contractor that will build our uh school safety roundabout. And uh that project should take about two months and we hope to have that completed if everything works well and
you know sometimes things happen but if it all goes well we'll have a beautiful um safety roundabout um before uh November. So we're hopeful. We'll keep you posted about that. Um several other things happening. You may have seen some uh arborists out in the community. Um we
have a tree inventory project going on. We were a awarded some grant funding from the Florida Department of Agriculture and Consumer Services uh this year um to conduct a tree survey. Um so we have some ladies out now um
doing the um tree analysis and doing the survey. It's only for the right of way trees and the park. So it's not homeowner, you know, it's not your property, but it is the swale and all park properties. everything that is considered right away um is being um
counted and the type of tree it is age of tree c there are different things that they're checking for and there will be a a report at the end of this project that we'll present here to the council and to the community and we'll put on the village website when it's ready.
Today we had our second community workshop to address our code amendments that was well attended and we will have a final meeting on Saturday, May 31st, 10:00 a.m. right here in the village hall and we hope to see uh as many
residents there as as possible because we really want to hear from our community. And um I mean there are myriad of things. The village manager report will be on the uh village website by the end of the week because we still have this week to get through and so
there will be more things to to inform you of. But um if you ever have any questions, I'm always available via email and happy to help. Thank you. Thank you very much. Appreciate that. Um you guys see my report there. If you guys ever have any questions um just feel free to reach out to me. As always,
the best way to get in touch with me um is to call me or or uh text me. That's the best way. Um, I guess we'll hold off on the village attorney reports. Let's go to the last good and welfare if anybody has anything at all that they want to talk about. Doesn't have to just be things on the agenda. Remember, for
the agenda items, we'll also you also have a chance to speak during the agenda item, but if there's anything else just um that anybody wants to talk about that's not on the agenda, um you guys can feel free to come to this podium, say your name, address for the record,
and the floor is yours. Amen. Hi everyone, my name is Merilyn Brooks. My address is 400 Northeast 90 Street, Miami, Florida 33138. I have a question more than
anything else to to ask. What are we doing about those big birds that's in the village? The biggest one stays on my house and I'm afraid it's going to damage my roof.
I was in the garden and I saw that thing jump up. I I didn't know it could get that high, but it it's on my roof every day. So, I just need to know what is our plans for them.
For the peacocks, you mean? Yeah. Okay. Um, we really don't have any current plans for the peacocks. Uh, we don't remove peacocks um from the community. Uh, I don't know. Let me let me ponder on that because we don't have a plan. We don't we don't have relocation for
peacocks and stuff like that here. So, we don't have a type of plan. Um, animal control doesn't come out and relocate them or anything like that. Like, you know, take them from one side of the neighborhood to the other side of the neighborhood or anything like that. So, um, right now we don't have an answer for you, but we'll look into it and see what options that we could possibly
have. I hope they don't damage my roof. That's all I know to say. Yeah, we don't we don't damage your roof. Okay, that's all I have to say. And thank you. Hi to everyone. Thank you, Miss Brooks. Appreciate it. Um, anybody else good in welfare about anything at all? Yes. Yes,
you can come up. Let's first say your name and address for the record. Don't forget to smile. Good evening everyone. Um, my name is Geette Campbell and address is 175
Northwest 86 Street. Yeah. So, Miss Campbell, I'm g tell you why Miss Campbell's here. Miss Campbell's here because last year during the uh rainy season, you guys know when hurricane season comes, which you guys are about to get that um that flyer again. But you
guys know I if you guys need sand, I pack the sand for you. I bring it to your house. I drop it off at your house and all that type of stuff or whatever. So, last year I did this did it for, you know, her her whole street. I was doing that um until I think that night I was going till like 11:00 p.m. But
um she needed extra sandbags because what was happening was um her roof her roof is damaged. And so what she's here about basically is and I told her I would help her. I was like don't worry. She's like I don't I'll help you speak. I'll help you go through it. I
know what you're talking about. So basically what she's here about is this. So she asked me, she said, "Well, mayor, um, I have tiles currently." She was like, "And I want to go to shingles." I was like, "You can't go to shingles." I said, "We don't allow that in Alberta."
I said, "And you know, if you, you know, for people that do currently have shingles, we don't allow that in Alberta, but we're not messing with you until you do some type of roof repair, have to get it repaired, then you have to fall into the code." I've talked about this before, the way like we kind of do things. And so she was like, "But
mayor, um, I just can't afford it." And she started saying like, "Well, how does how do you guys work with hardship?" I said, "Well, you know what? I really don't know the procedure for hardship." I said, "But you know what I'll let you do?" I said, "I'll let you come to a council meeting." I said, "I'll kind of
explain your situation so that it goes on our radar and then, you know, administratively we can look into is there a process for hardship? what would be the qualifications for hardship? Should we even consider hardship moving forward and things like that so that
maybe a later council meeting we can have the discussion like we can take this right now and look at like other cities, other municipalities, does anybody else have a program like that? Does anybody have a process like that? Um because currently it just doesn't
exist. So currently she would have to go to tile and that's just what it is and that's the rules right now currently on the way things go. So, um, she wanted to kind of come here and just say to the manager and kind of say to the council as a whole, not just to me, you know,
what her situation was. Um, but she was like, "Mayor, but I'm going to have her explain like, I'll explain it for you. Don't worry about it." But that's why she's here. And, um, she just kind of like wanted to put that on our radar to see if there's anything that we should do going forward and to kind of like look into it administratively. That's
why she's here. Sounds good. Sounds good. You want to add anything to it? Yes. Um really I my roof is very bad. Um especially due to the fact that you know got damage, keep getting pe workmen to
fix it and they make it worse. Um after doing that a few times, I said, "No, I definitely have to have a new roof." Um I didn't know about the shingle thing until, you know, I got a roofer. They put a contract. Um I
signed a contract and they put in for a permit. Then they called me and tell me the city will not approve for the shingo. Now of course I said of course they will. There are shingles all over Elortal. They and so they said well you have to call the thing. So I called and
they're telling me as mayor said no we can't do that. Well my pocket can't um go up to tile. That's the honest truth. Due to cost of living these days, everything has gone up. Um, in terms of my income, which is very limited, I
cannot afford tile and I can definitely not afford metal unless it's cheaper than shingle, which is the cheapest one. And I'll make it look pretty and everything, but as a resident who due to health
conditions, safety conditions, all sorts of stuff, I do need a new roof. But the roof I can afford is shingle. So I'm asking the council or whoever I heard them talking
today about the a company that helps with code. Really and truly that code probably need to be revisited, you know, because there are many different types of people living in Elportal. Some can go three stories, some can go two
stories, some can only do one. Some can afford metal, some can afford um tile, some can afford shingle. So, I really do think you should make um provision for everyone and not just some people
because right now I do need a provision to be made for me to be able to get my roof fixed and I'm thankful to God for this drought we're going through. I am I love rain, but I'm grateful for this
drought because I would be suffering. I would be suffering because I do need a new roof. And I'm hoping that you can be merciful unto me so that I can and grant me the permit for the shingle so I can be able to face the hurricane season
that's coming up. Thank you very much. I appreciate it. Like I said, we'll look into the process and and how that process would take place and it would still have to come before the council. You know, one thing we can't do as a council, we can't give special privileges, right? So, even if
we were even to consider any type of hardship process, we would have to first implement the hardship process. Does that make sense? We would have to first implement that through a vote and then the process would exist in Alberta and then that process would, you know, come before Albert and then we make the decision should this individual have the
process. But first, we have to look through the process and see what the process is. So, all right. So, I'll keep in touch with you. Okay. Mr. Mayor, can I Yes. Go ahead. Go ahead. I also want to really thank you for stepping up and kind of illuminating this because this is something that I do hear uh when
chatting with neighbors, but hasn't been formally brought forth in front of the council. And I do think that we we need to contemplate um people of varying, you know, financial means when we're talking about some of the things that we're putting in
our code. And I think is some sort of process by which um we can either assist those in the maintenance or um in situations like your roof, upgrading of certain elements in the property. I think that that's a worthwhile thing for
us to spend our time and energy kind of building out. Um, and I know that, you know, it will take some time and consideration as far as how that what that program looks like, but I think it's something that we should have and we should contemplate. Um because with
what we're asking folks to do with this code renovation process that we're currently going through, I mean, this all costs money and and we need to make sure that in thinking about how we want the village to look, we're not
overburdening any single resident. So, thank you for for illuminating that. And I think you have another comment. Yeah. While while she's coming up, if I could, mayor, just make a quick comment. Absolutely. Um, so I actually have a
Would there not be the option to apply for a variance to replace the roof with a shingle roof and then the reason for the variance be I I I feel like that would be an ad hoc case-byase basis to deal with something like a hardship variance. So I spoke so when when she
called me I spoke to her about that but because of her hardship you know a variance is like $1,000 just to do the variance right before you even come get a get a you know come before the council you could fail at the council level but just to apply for the variance is $1,000. So her having a hardship she didn't even have the money for you know the variance. Go
ahead. Yeah. And and and thank you for saying that regarding, you know, um programs and stuff like that because that is something that I've also looked into to see if um I can actually, you know, skip this whole headache in terms
of this permit for a a a tile and get, you know, find county programs and all kinds of programs. But the few that I found, Elportal is not included. They've exed Elportal out, you know. So, not
that I'm not trying different ways. I am, but because it is El Portal, they've cut El Portal out of the zone for the help and the programs that are out there. Thank you so much. So, that's something else we'll look into. Thank
you very much. Um, just say your name, address for the record. Hi, my name is Denise White. I live at 173 Northwest 88th Street, Miami, Florida. 33150. Oh, I've been there for since I was 12, y'all. I told y'all that last line. I've been there since I was 12. Okay. And I
do understand that there are some people who move into a vicinity and they want big changes and I get that. Uh, but we're really small. I don't know if anybody knows it, but we're like four blocks this way and then, you know, several blocks that way. No big deal,
right? So, we're not North Miami. We're not Wimwood. We're not any of those place. We're just Elportal. Little El Portal. Little when I say little, I mean little, y'all. Little Elportal. That's who we are. And there are ideas here that are fabulous and should be fabulous
for any city, but we're so small. And the ideas are for big things. And I'm not for, you know, I I love progress. In fact, I love change all the time. You know me. I'm trying not to wear shoes in my life. You understand?
But um how much change does such a small place have to go through in such a quick time? Progress is fabulous and it brings a lot of things but then it brings a lot of problems too. And for those who are not vested, who don't plan on staying here because they've been here for a
year or five years, you know what I'm saying? And you're not vested. Yo, since 12 years old, like I don't see myself. Oh, they cut me. That's crazy. That's so funny how that must be the spirit. Right y'all. Hey, right
there we are. Right. So those people were here for five years. They trying to make, you know, when they leave, they going to make a little money here because Elportal is a cute place. We we we we got the amount of stuff that we have going on here because we're a cute place. We're a cute small place.
And when they plan on making this humongous big thing that's across this railroad track, you know, and they gonna make it big and it's gonna be fine. And she's bohemian, right? But we going to move 4,000 residents in some place that has 800 900 homes and they bring 4,000
here. Where's my voice? I get drowned out by 4,000. That means that when they come to a meeting, that's it. My little 900 that's been here since I was 12 years old. Yeah. No, I don't got that. But when people aren't vested in a place, when people don't have roots in a place,
they can make decisions that look fabulous in the beginning. Oh, we going to bring this to your place. Thanks. But what problems are you bringing me and mine? Like her, I might have I'm a teacher. You know, when we retire, we don't get retirement like even though we went to school longer, we don't get
retirement like police or nurses get retirement. We barely making hundred,000 when we retire without little stuff that we got going on. So when I'm vested and my taxes are going to go up because now across the street from me going to be two $2 million houses and oh they going to look
at me and go but your property is going to go up if I want to sell. What if I don't want to sell? What if I want to be in Elportal for another 20 years? Then what does my taxes look like? But I understand if you not vested that the it's my property is going to be more. I
live on that property and like her I'm going to need my roof done. Oh child, we going to talk about it. They said that we should have a village review where people should sit down and talk about things like code and stuff in Elport. I think that that should be a thing that we do where people listen to the
residents who are making it happen because as long as I stay here, I'm making it happen. When I move then I'm not. When I'm making decisions having to do with when I'm making decisions having to do with making my quick buck, cuz it's not about black or white anymore.
It's about green. I don't know who told y'all it was about black and white. It's green now. And some people, even if they black or white, they green cuz that's where they money is. I'm saying that I want my grandkids to grow up here. I want my grandkids to
play in the streets. And if I got 4,000 over here, maybe my streets is much much bigger. That's not why my parents moved to Elportal. They moved to Elportal because they wanted their children to be safe. as a Haitian-American when we got Elportal. Oh, they thought we were bougie. They were like, "Y'all live in Elportal. You guys are the conceited
girls, are we?" No, we just regular people trying to make it through, paying our bills one day at a time. You want to make us all big and fabulous? That's fine. And what the little people do? We got to move out cuz we can't afford it. Anyway, I'm just talking about being
vested and not being any color, but not just being about your green. Thank you. Anybody else good in welfare? Hello, Thomas Pium, 205 Northeast 86th Street. Um, a couple items really quick. Uh, first of all, regarding Village
Communications emails, um, still not receiving emails. Haven't for 6 months. haven't since January. Reached out to the clerk, to the mayor back in January. I know Martin brought up last meeting a month ago that her husband was not receiving either. Just wanted to let you all know I'm still not receiving. I
signed up for it again uh three weeks ago and it registered it said the website says it registered my email address. Um however, I did not get notification of of this email or sorry of today's meeting uh via email. Um so that's still not working at least for me
and my household. Um, I have a question regarding uh last month's manager report. It says um the church on Northeast 2nd Avenue is now uh has changed owners and they have permits
already granted. Um, is that accurate because there's been no site plan review um or anything that's come before this council um regarding the church? Um, no. There's no permits granted for
that church. So, that was inaccurate in the manager's report. Um, not necessarily inaccurate. I know that the church was trying to piggy back on um and I think we spoke about this, but the church was trying to uh I know we spoke about this. The
church was trying to piggy back on um the last uh school that was there because it, you know, would become a school. They're trying to piggy back on the the plans that the last school had because within a certain time frame, if you're building something that is like what was there, what was going to be
there, I think within seven years, you can piggy back on those old site plans. Therefore, you don't have to go through the county every single step. You can kind of skip some steps or whatever. Um, and that's the only thing they were trying to do, but that never came to fruition. So there's no site plan or anything and no permits and no timetable
of when they would be coming in front of the council. No, with their plans. No, no, no. As soon as they as soon as everything's ready, we'll go through the same process we always go through. They'll come through the planning and zoning uh meeting and then we'll go from there. Okay. Yeah, that's what I would expect. That's why I was shocked to see in the manager report, it said they
already granted permits and we're going to open this fall. Are they still looking to open this fall as soon as August 15th? All I all they can do is give give me a site plan and I can call a meeting, you know, but besides, you know, they they might want to open fall,
they might want to open spring. I don't know when they want to open, but they can want to open whenever they want to, but they need to give a site plan first and then that's how we get the process started. So, I got you. Okay, great. I look forward to that coming forward. Um, another question. Um, this police grant that we have on the table for, um, I
realize it is matching funds, right? We're small village. We spend most of our budget on police already. Um, do we already have 350,000 in our budget earmarked for matching funds for this or where does that come from? And what are
the actual upgrades or expansion? Um, that's that's on the table. I mean, you either you and I or I could do it. Go ahead. Go ahead. Well, I can say that. Um, no, we don't have that identified yet. There's a process for all of this. We apply for everything
that we may qualify for in hopes of getting something. Uh sometimes it could be uh CITT funds. In this in this instance, we wouldn't use that for expansion of the building, but there may be some other funding that we can utilize to match if we get it. A lot of
times I'm just throwing spaghetti against the wall and hoping something will stick because I'm trying to get us something that we can utilize. Um, it could maybe be something that comes down the pike with a development agreement or something that we'll use to match the funds, but we we don't have that identified and it's not been granted
yet. So, if it does, then we find an opportunity to match it. Okay. Thank you. That's clear. Um um I also just wanted to bring up uh briefly um I'm again having a lot of issues with
the building department. So I as y'all remember I came in front uh multiple variance requested requests for a fence within my first front uh 15 setback. It was denied both times. So I went forward within my right to put it uh after the setback. Um, I submitted as usual
because I've done a whole house renovation over the past three years, too. So, I'm very familiar with how to submit my documents to CAP government working with the staff that we have, etc. Um, I gave them everything. They stamped and approved my document that shows I'm have going to have a coral
fence where it's going to be located um where my wood fence is going to be as well. It's stamped approved. And for the past three months or sorry, three weeks, I've been uh well, first of all, I was uh given a citation from code enforcement saying I didn't have a building permit. So, apparently building
department instructed our code enforcement about that, which is inaccurate. I told Fitzgerald, "Here's my permit number." He looked it up. He rescended the um the fine. I was being charged uh notice of civil infraction $300 a day and they didn't even bother
to look up to verify that I do have a permit on file. Um now the issue is uh building department is saying um that zoning approved the coral fence but building did not which makes no sense
because it's entered through the uh cap government portal which is our uh building devel uh inspector people cordino group has nothing to do with cap government although they uh work within
that same portal to do their review as well which they um in my case. Um but anyway, building department, even though they stamped my documents, it's clearly shown there. Uh my coral fence, everything, they're saying that they didn't know that it was a coral fence and I never reported that
it would be a coral fence and that they're requiring all these additional things. Now, um wanted to bring that to the council's attention. Um, I've previously had several issues with uh Pedro, who's the
uh the co the building inspector person. I've even called CAP government myself complaining to Carlos, the CEO of that company. Um, lots of issues just again I got renovated my house so everything was redone. Um, and so I've been dealing
with cap government and Pedro for some years now. Um, but it's consistent issues. Um, I would really love to request the village to ask if uh cap government can replace Pedro with another building inspector. Understand
we have a contract with this company, but that doesn't mean uh we need to be served by someone who is not actually handling the village's business appropriately. Um, I would also, and I probably won't get an answer, but would love to understand how the building department is allowed to tell code
enforcement to go find someone without evidence. and with it being incorrect. And also, why did code enforcement not look to verify that I have a building permit before issuing that fine, which also cost the village time and resources, hours of our code
enforcement, hours of our building department, hours typing the letter, $10 spent sending it to me via certified mail, plus all this time spent of me being in this dysfunctional process trying to resolve it and sort it out. So, wanted to bring that to everyone's
attention. Thank you. Thank you very much. Appreciate it. Um, anybody else good in welfare? Last chance. Good in welfare. Moving to agenda items. No more good in welfare. I was I have I have one thing to say just quickly. Go ahead, Councilman. Um, in regards to uh Pedro,
um, I would question anyone's judgment who would meet and have a conversation with Pedro who would not respect his experience and knowledge. That's all I have to say. All right. Thank you very much. Any anybody else good in welfare? Yes.
Does mine work? Yes. Can I Okay. Uh, thank you. Actually, I agree with you. Pedro has much much knowledge and uh I appreciate whenever I have a conversation with him, he knows so much. He's wonderful. Um, Vice Mayor, I want to add on to what you
said earlier about the dealing with all of the hardships in Elportal. Um, right now we are actually fixing code and what was allowed in code. We had even a town hall meeting today. Um, I think we should change some of the roofing guidelines because actually they're
creating new materials now for roofs that are not even allowed in our code. You know, Tesla makes a roof. You can actually turn the entire roof into a giant solar panel, but it looks like uh tile. Uh, now they're recycling tires and turning recycled tires to look like slate roofs. They're beautiful and they
last forever. And basically these these rubber tire roofs which look like slate which is very beautiful are as cheap as shingle and they're going to last longer than shingle. So these are these are things maybe we should think about adding to our code to adjust some of these new the roofs that we allow to
allow the new types of roofs that are coming out because we're only going to get more advanced as technology continues to advance. Thank you. Thank you very much. Well said. Um anybody else good in welfare? going once going just twice. Final comment.
Final comment. Go ahead. Um, whatever the solution, I do believe we should do whatever we have the ability to do to expedite a solution specifically for the the lady who came up and spoke about the roof, especially as we're on the eve of
hurricane season and any structural integrity specifically of the roof is first and foremost to the survival of a property in the event of a storm. So, um, so I personally would I I'm curious. I believe
there I would be willing to put up my uh uh what do you call it? Discretionary funds to cover expenses in this case to apply for a variance for example like uh like if there is something that we can do to at least get this in front of the council so we can at least find a solution for them so they can be in good
shape. uh specifically as we really are approaching hurricane season. Uh it is here. It's already here. So uh those are my thoughts. Thank you very much. Appreciate that. Council person. Uh anybody else good in welfare? Mayor, if you Yes. Just a comment as to
what the councilman said. um you know if the application fee itself is preventing people from seeking a hardship waiver then one solution to that if you have a
hardship waiver the idea is that you're making it available for people who have a real hardship the application fee does not have to be a bar to them from seeking hardship you can
institute a hardship waiver of all or a portion of the fee if you can show that you have a hardship. So, I'm not saying you certainly don't have to, but as far as options, if if people are eligible to
get a hardship waiver for the actual roof, you don't want the amount of the application fee to be a bar. You can look at some kind of a hardship waiver for or or a portion of the fee. It's an
option that you have. Yeah. So, I don't know when you walked in, attorney Gill, but what I said was we have to put in place a hardship process and if we once we put in place a hardship process, then that process will be there. Right now, we have no hardship process. So, the only thing you can do to go outside of
code is to do a variance. So, right now there's no hardship waiver, there's no hardship process, there's no hardship anything. You would still have to have a variance granted there. There is, you can't get around that just saying it's a hardship. It would still be an application for
variance, but hardship is a grounds that would allow you to grant the variance. But what I'm saying is, so that would be the hardship process. Yes, sir. Right. Yeah. So, I'm not disagreeing with what you said. Okay. I'm just adding one
component of it could be addressing the application fee as a hardship. It's not in any way disagreeing. Your comment that you need a hardship process is of course correct. Yeah. I'm just adding one possible component to it. So all that will be like going through once we
get the hardship process. Um and I mean that's just logic, right? Because if she can't pay, you know, or if an individual or if a resident can't pay for the variance, then why would we implement a hardship process and then make them pay for variance if they need if they have
to if they win a hardship pro through the hardship process? But like I said, we first need a hardship process. There's no hardship waiver. There's no hardship anything currently. So, um, anybody Oh, name address for the record. Uh, my name is George Alvarez, 165
Northwest 88th Street. Um, would there be a, for the lack of a better word, a legislative remedy for a situation like um Mrs. Mrs. Campbell's? That is to say, could let's say she and I um speak to
one of the council people and say, "Hey, we think we've got a good solution." And um and actually, if I could ask Council Person Winters real quick. I I just want because Council Person Winters had uh some great information. In fact, I was
going to bring that up to uh Mrs. Campbell. There's a lot of cool new materials that might come close enough to whatever the intention of prior code had been. And the more
information you have and and I have, maybe I could or she could or somebody could say, "Hey, council person life at Ward, can we can can you sponsor this thing? We think it can apply to enough
people. It's not just singular to Mrs. Campbell or or or whomever, but the materials that's a easy easy solution. So, so something has to exist first. Like we're legislative, right? So, we vote on things and we vote things, you
know, we vote our opinion, but it has to exist first, right? So, if if there is So, for example, we have um certain materials that are acceptable materials. All right. If it's not an
acceptable material, currently, she would have to pay $1,000 for a variance for a material that's not listed as one of our accepted materials. Right. Right now, shingles are not accepted. Right. Metal roofs are are accepted. Tile roofs are accepted. That's what it is currently. If you want to bring in a
Tesla roof, that's not currently part of our accepted materials. That's still a $1,000 application fee for a variance. Would there be a legislative remedy to You may be anticipating what I'm about to ask right now. Go ahead. But would there be a legislative remedy to either
or both um wave a hardship fee for a variance when we obviously obviously the situation will dictate as council person uh stated an important situation. It's it is a singularity. Perhaps we can wave
a hardship fee for a variance and or maybe that we can redefine accepted materials so that it wouldn't require a variance. So the first part of that is what I just offered just a few moments
ago as far as the fee. It's it's it's an add-on. It's one more button. I'm not here to materials. It's one more barrier. It's it's one more solution is to address the amount of the application. It still requires that the
council have as the mayor said a hardship process but one element of that could match what it's exactly point I have no comment of course on the materials I leave that to you but the fee can be you're correct fee can be one
part of the hardship process. That was the point of my comment. Yes. So, so all this right now is not we're speaking of until we get a hardship process. Like we're just spinning like we're just spinning our wheels. There's no hardship process. So there's no there's no way to go to an
elected official right now and say, "Hey, wave the hardship process." Like wave the hardship fee. There's no hardship fee. There's no hardship process. Hardship doesn't exist right now in Alpert. So like I said, the first thing we need to do is find and establish a hardship process. Until we
do that, there's nothing else to discuss when it comes to that. We have to first establish a hard the law has to first exist for us to vote on the law. Okay. So my so my question so my question is if I take money from discretionary and just
pay the application fee within the application is there an opportunity as stating the reason for the need for the variance at that point of hardship? What I'm trying to find out is is there already a process anywhere within reach that we can get to now um while I mean
I've already sent an email suggesting that we you know expedite this process to get a hardship process in place but if I put up the money for the application does that give her access to uh hardship as the reason for variance? So, you put the money. Let's say you put
the money for a resident for the application. You pay for them. They're in the variance process. In the variance process, they can go for whatever they want to go for outside of code. In the variance process, it comes before the planning and zoning committee. We either
pass it or we don't. But that's the variance process. So, then we're in the variance process. There still would be no hardship process because the hardship process has yet to exist. Well, that's what I'm asking, Mr. Mayor. Well, that's what I'm asking. like you know the unique the unique need presented in any
variance application here's a unique need why I need this even though the code prohibits it right is that not uh is that not a valid argument I mean perhaps Cordino could answer the question but is that not a valid
argument to use within a variance uh I mean I'm sure there's been other instances of materials and cost of materials being at issue regarding use of this or that is that I I just I want to find out if there's something
um there is we don't have a a defined hardship process or a villagebased standard but according to law there there is some case law that talks about in the granting of a variance one of the
grounds by law that can justify a variance is to find that the existing code standard works a hardship on someone and so that can be a
ground. It would obviously be better to define a hardship process that addresses the fee issue as well fully as part of a comprehensive approach to it. And if your concern is that, I'm certainly
happy to meet with you prior to the next council meeting and talk about that issue as I've had the opportunity to talk some about it with the mayor. anyone who's concerned about it, you know, I mean, it yes, it the the best
thing is if you have a process specifically put in place to address hardships and frequently an instance like this will basically trigger a series of events where it creates that process, but in the meantime, we have a resident who is at uh risk of life and
property if we don't find a solution. Um, and so, uh, so like I remember when Irma hit the Keys, uh, I had to go down and secure a property in Island Marada. And you know, afterwards, it came in in the lower keys as a category 4. Here in Miami, we
experienced as a strong one. In the upper keys, it was really already like a a two. Uh, but there was one property, a holiday in that should not have been totaled. It was a total loss because their roof was under construction when
the storm hit. So, the wind got access to the structure. The building was a total loss where it did not have to be if it if it had its roof intact, it would have lost, you know, some material and gotten a couple dents, but it would have been just fine for the fact that it
was had a roof under construction. I'm sure uh anyway a large enough business like that should have been advised not to be doing such construction during hurricane season but you are often not left with as many choices as you like. So I'll be happy to get with you off the
deis and we can talk about it. I've had these conversations with the mayor if any other member of the council wants to discuss it. Just remember, please don't discuss with each other and neither the myself nor the manager nor the clerk can
be a conduit between you. That's called the sunshine law. But we can certainly the the your charter officers can talk to any of you that have the concern as long as we're not carrying messages back
and forth. and the mayor's idea of developing a hardship process is the best way to go about it. But there may be some things that can be done in the interim to address a
specific issue uh according to what the law provides. Attorney Geller, is there any way that we can have uh you and the manager get together and by the next council meeting give us a legitimate mockup of a
hardship program? One, uh number two, what timelines would be involved if we um would just decide to wave the fee, the variance fee with certain criteria.
I'd let you and the manager decide if it's a income trigger, what that may be. Could you give us a mockup of that by the next meeting? Yes. Okay. And in fact, if it's the desire of council, we
can try to do more than a mockup. We could try to prepare something for first reading. That would be awesome. For the next meeting. I think I think this is the will of the council. I I know it definitely is my will. if if you could do that. Uh that way we might be able to
avoid anyone having to put up their discretionary funds but still have a process in place that may not only serve um the young lady this evening. Could you please remind me of your name, please? I'm so sorry. Miss Campbell. Miss Campbell. Um but I'm assuming that there are other residents in the village
that might want to avail themselves of this as well. Well, the answer is yes. Let me just give the one small caveat which is that we've spoken to and the mayor has already been working on this. So we don't want to reinvent the wheel on the part of myself and the manager
where there's some substantial work that the mayor's already done. We the best would be if we can take that get with him build on what he's already done. happy to talk to each of you as I'm sure the manager is as well and we can bring
something back unless there's something I I'm unaware of. We can bring something back for first reading for the next meeting. And remember, first reading doesn't have to be perfect. First reading, we can bring it to you. You can
amend it. You can change it. You can say, "No, I'd rather do it this way." And we can still move unless it's There are circumstances where the changes are so drastic that you have to have a new first reading if it's changed
completely. But very true small changes that don't change the thrust and the substance of what you're doing can you can amend it on first reading. You can amend it when it comes back at second reading. And just because it's not in
exactly how we present it to you does not mean that it can't get through the first reading where this is considered obviously from the comments that have been made it's time sensitive so we can have the first reading and still move to
second reading I think we just want to get the train out of the station and I completely agree with you. I think the mayor has done an awesome job of kind of wrapping this up for us and giving us also a really great like just visual representation of the need for this
thing. Um, so I appreciate the work the mayor has done on it already and I'm sure that the body will kind of, you know, move it along because this is important. I'm sure that together with our planning and zoning consultants from Cordino who are always extremely responsive to us and we appreciate that.
I'm sure that with their assistance, the manager and I can find out where the mayor's at, help him bring that idea that he's already got and place it in front of you for a first reading for the next meeting. Perfect. And just one additional question I had for Councilman
Winters. This material that you're talking about, is it ready and available on the market at this point? Okay. Um maybe then that and whatever other materials you're thinking about you can get with Scarlet to see whether or not it's a slight roof and it's everywhere.
It's hurricane approve. Check that too. Okay. So Miami Day County approval. Perfect. So maybe then that's something that Scarlet needs to know about when we're figuring out what materials are allowed under the code. I just I've never heard of it. Don't know if it's available on the market or if it's
available down here in Florida. So thanks for the info. Thank you, madam. And and just just for the record, let me just give without other caveat too. We can prepare the form and I'm sure working with Miss Hammonds and her people.
Um, speaking at least for myself, I don't have the technical expertise to do what this gentleman has talked about in terms of the materials that was also raised by Councilman Winters. So, anything that any of you want to see in
terms of not just process as the mayor has already discussed, we could use any information or insight you have as to materials because that
frankly I don't want to speak for Miss Evans, but I don't think it's necessarily her expertise and I know not mine. I know it's not mine. So, what if you do want to see additional materials
approved? Not particularly, that's not really necessarily hardship. That really goes to just what your code provides. Yeah. And and we're happy to address that as well. But for sure, two different things. is I just want to make sure we're on the out of the station for
the hardship, but also that we're thinking on cutting edge materials that might work and and letting the professionals vet as far as whether or not it's appropriate, it's really available to the residents, all of those things, things that I are beyond me as
well. And that would certainly be something that we would want to seek the expertise of the building department on. Sure. Because ultimately if the building department has an issue or if the materials they may be new and they may be perfect, but we are constrained in
our village to approve things that are approved by Miami Dade County and that are in accordance with the Florida Building Code. We can't just say, "Hey, we have this great idea." It has to go
through the approval process and it has to be tested and proven, but that doesn't mean that we can't if there's some expertise that's here that the village can't with the assistance of the building department, we can assist in
saying like, "Hey, Miami Day County, how about these recycled tires that look like slate? Can we do that? Ca. If you haven't approved it, can you approve it? We don't have to wait for them. We could be the impetus if it's not already being
reviewed. Maybe it is um to do that. But that as you say correctly, Vice Mayor, that's a separate it's related. Yeah, it's a related issue. But I just want to make sure is clear. And then pushing that with the
assistance of the building department is also worthwhile and important and might reduce the need for someone to seek a hardship for sure. Just want to make sure we're doing the hardship and we're going along, but we're also thinking
innovatively right within the confines within which we can. So, thank you for highlighting this material. I'm sure the folks that know about Ruse will look at it and let us know whether it's appropriate, but it's something to at least take a look at. May I jump in?
That was great. I loved it. Um, so I did look it up while we were talking here. The rubber roofs got a notice of acceptance for hurricane code. It's number FL17703-R2. It's allowed in Miami Day County. Um, so if it's possible, Mr.
Mayor, uh, I would like to ask that next planning and zoning, if it's possible, uh, to formally consider amending the current roofing code and allow synthetic slate roofs, particularly those made from the recycled tires, which have a 50-year lifespan, only cost $4 per
square foot, and have Miami date code, possibly be voted on in first reading, um, before obviously we have to do everything else, but is that a possibility? Uh yeah, it's a possibility. Okay. We also want our building official or someone else to
take a look at it, look at the what your just look at the information, vet it through their brain and what the appropriateness is for Elportal and give us a report on that. Um I think that report would be a great way to start this conversation without kind of
putting the cart before the horse. So we would have would the manager find that information for us? Um yeah, you would instruct the manager as to what it is you would like for the building official to tell you about. Madam manager, is that possible that we can obtain that uh
information from the building official? I don't know. I'll have to ask the building official uh who's not present, but um we can ask. Also, no, you are going through a code amendment process right now. You can amend the code to include other building materials. So you actually are in a good place to get this
started, but I can ask the building official if he has some insights he can share with us about material like alternative material. Worry with the code of process we're doing the town halls right now is it might be too late by the time all those codes come in and we want to make sure she's protected before hurricane season if it's
possible. That's it. Okay, we'll work on it or we'll work together to figure something out. Thank you. Thank you very much. Uh, Vice Mayor Martin, Council Person Urban. Um, you go ahead, Mr.
Alvarez. Uh, this is a I guess a question either for the mayor, but Mr. Mayor, you can tell me maybe it's more appropriate for Madam Manager or, uh, Mr. Geller, Attorney Geller. Um, it sounds like Mrs. Campbell's uh
situation is in fine hands. Like this is this is good. I like this a lot because this makes a lot of sense. And I've been reading about passive houses and the resistance that a lot of um municipalities throughout the world have
towards passive houses. Now, obviously, it's it's a style of building. It's not just about the materials, but it certainly sounds promising. So, using perhaps Mrs. Campbell's example. How could me, how could I, how could me, how
could I or Mrs. Campbell or anybody in this room who thought that they had a good idea for legislation for an amendment regardless of any code modernization we may be
attempting and may take a long time. How would we go about that if we had something that that seemed good? Just come to me and helpful. Just come to me in this case. Just come to me and let me know um what your idea is and let me know just kind of like how it would work
and then I'll discuss it with the manager and if it seems like it works with the administration, then I put it on the agenda. So that's how it works. The mayor's the head of the legislation, the manager is the head of administration. So the agenda is always set by the mayor. So, I decide what goes
on and what doesn't go on. Um, but I have to first see if it's viable. Whatever comes to us, I have to first see if it's viable first. See if like our staff can do it first. See if like, you know, the manager agrees and then and then I put it on the agenda of Okay.
And can certain things be, you know, foot on the gas as as Vice Mayor Martin? I mean, it's it's the it's the process. So, um, depending on what it is, um, some things have to go through committee, some things don't have to go through committee. If it's a resolution, if it's an ordinance, ordinances or two
council readings, resolutions, one one council reading, does it have to go through committee or not? So, it just depends on what the subject is, what the item, but just come to me, my brother. I got you. All right. Uh, anybody else last? Good and welfare, then we're going to the agenda items. Well, not last, you know. I'm not
saying you have to be the last person. I'm not, you know, there's two more two more people that want to stand up. You guys are welcome. But um going once, good and welfare, going twice, good and welfare, good and welfare is over. Okay, now we're only on agenda items and then from there we'll adjourn the meeting
after the agenda items. Attorney Geller, do we have a report for you or are we good? We're good. Okay, so we're going on to the agenda items. The first agenda item is uh what's my first item? G1. Well, there is a consent, John. No, we already
did that. We're good. Um, so what you want to do, attorney Geller, is to stand up and swear everybody in who's going to be speaking on the Everybody who's going to testify on any of the three items, if that means stand up and give your opinion or or offer
evidence, please, please stand up. Raise your right hand and say, "I and state your name." Do hereby solemnly swear that the testimony I will give tonight will be the truth, the whole truth and
nothing but the truth. So help me God or you may take an affirmation. Thank you. Witnesses are sworn. Thank you very much attorney Geller. All right. So this is resolution G1. Attorney Geller if you want to read that into the record for us please. Yes, sir.
Resolution G1, a resolution of the village council of Elpertal, Florida, granting site plan approval for new construction of a two-story residence at 176 Northwest 88th Street in zone 3 suburban residents
in the village of Alporttown application by 88th Street Homes LLC providing for findings, providing for conditions, providing for appeal, providing for an effective date. Thank you very much. Appreciate that, Attorney Geller. Um, uh, uh, uh, Miss, uh, Hammonds, can you
please come to this podium right here? Okay, Miss Hammonds, for resolution G1, um, we know that this is a table from last time. Um, have there been any adjustments or any new conditions or
anything? No, this is what was approved by the planning and zoning board in its entirety exactly as it was approved. No changes. Okay. Do I have any questions or comments from the council before I go to the audience? Hearing none, seeing none um from the audience. This is about
resolution G1. All right. For the agenda items, I am going to do the three-minute thing. Now, I tried to This is a middle point. I should have did it for the uh good and welfare, but I was like, I'll let good and welfare go. Let people, you know, talk about whatever we going to talk about. But I'm I am going to enforce our three minutes for um for the
agenda items. Uh this is for resolution G1. Anybody want to come up and talk about resolution G1? Um, yes. Uh, take the staff report. Uh, we accept the staff report uh into the record. Go ahead.
Yeah. Just say your name, address for the record. [Music] Oh, no. No, no. Hello. Hello. Yeah. Fedrico Sapata, 156 Northwest 89th Street. I urge the council to please approve this project. Move it forward.
spare them for the suffering almost uh two years on splitting the properties and showing the will to propose a great project that will enhance the community. So, please uh move forward for approval. Thank you very much. Appreciate
that. Anybody else? Anybody else for um resolution G1? Yeah. Uh, I'm George Alvarez, 165 Northwest 88th Street. Okay. I just have a few questions and then I will sit down and they can be
answered as appropriately. uh or in the time, whatever you guys want to do, that's fine. Uh my first question is because I I asked this last month, but I I don't remember getting an answer because of the paperwork
issue. Where where are the septic fields going to be for 176 and 178? Okay. Great. Right. Right. Okay. So they have they have addresses now 176 and 178. Is that official? So we don't have to do the A
and B thing anymore. Okay. This works. Who does that? The is that Miami date who does that? The county. Okay. Um so they do have addresses. Question. Are you uh are you willing to provide andor post the phone
number of your project manager or supervisor uh should the neighbors have any complaints or concerns? Well, I I'm asking you to do so regardless of that. Sure. Sure. Sure. But assuming that they are
willing, would you be willing to Will you be willing to meet with any of us neighbors regarding some minor changes, some thoughts that we've had? This is uh strictly speaking at this point cosmetic or landscape and it's
with the goal of differentiating the two properties uh via flora if no other way. Um so that I realize that's three questions but that's one question. So you can a thought a goodwill gesture for the
kids on the block. Okay. We'd be open to considering it. Yes. Open to considering it. Thank you guys. Um would you be willing to meet with a few of the neighbors at some point
should they want or have uh uncertainty about your flood mitigation efforts which I think are they sound fine to me but that question is out there. Yeah. Yeah. Like sometimes a little walk
through is a good thing. Thank you. Um, the site plan for this May meeting has a note saying that there were changes to the garage's roof and some exterior materials. It's not any different from the same note that's on the March site plan, but I think it was
different than the one in January. I'm assuming that it's this the same changes, but were there any additional changes? And if so, yay. The January plan. Okay. Okay. I'm I'm sorry. I know we're having microphone issues, but you still need to
at least try to talk into the microphone. January. Okay. Um and for the council. Okay. No changes from March till now. um the resolution that was published or whatever was sent out uh I think might
have what is now an incorrect address. Um thank you guys for your time and I hope that uh you'll consider what we're you know asking about. Thank you guys. Thank you very much, Mr. Alvarez.
Appreciate that. You went over a little bit, but you're good. All right. I don't know what happened to my my buzzer. There we go. Okay, I think I'm on now. All right. Well, he put a he put the three minute war on for me, y'all. No, I put it on
for him. I put on Mr. Alvarez also, but my buzzer was okay. I'm not going to be here for long. So, um I just have a question that if the I think they call it the You have to I'm sorry, ma'am, but just for the record name. Oh, my name is
Denise White. I'm 173 Northwest 88th Street. I know you spoke earlier, but for the record of this No, I get it, Miss Geller. Thank you, Attorney Geller. I apologize. I'm gonna get with it. I'm learning as I go. I do thank them. I do thank them for building across the street for me because you don't woke me
up, right? Cuz I was asleep before and I didn't really care much before, but I'm here now. Right. That's number one. Number two, if flood mitigation and after you finish after you get approved and you finish building and what have you and my neighbors in the back and then the side and I know they're not
here, so you're like, "Well, why are you talking to them? They just a little tired cuz they figure that your big money is going to beat their little stuff." So they they didn't come this time, right? So just asking for them. If after you build my neighbors in both sides and in the back, all three of
those people get flooded out. What what do they do about it? Because you've already been approved and you've already built. So if they flood because sometimes Miss Campbell, she talks about flooding sometimes because people have built around her and now you know she's
got a sandbag. She's got to ask Mr. Mayor for sandbags and that happened after. And I'm sure their their Miss Campbell their stuff got approved too by the council and then you ended up having to deal with the repercussions of it. So if my neighbors on either side or to the
back get flooded because it the house does not come up off the floor and it's sunk down into concrete, what repercussions do they have at that moment in time? Will you guys come in and fix that or do any or they just scarred because we've approved it
already? That's my question. All right. So, as far as what was approved before, there's there's things that we don't have. So, we don't have to approve everything. Okay. So, there's certain things where if they can do it by right, they can do it by right. For example, Mr. Ping gave a great example.
Um when he was trying to get his 4ft wall at a certain space in his at a certain level of his setback. Um I mean, I voted for it, but it failed. Now, by right, he can then do his six-foot fence, six foot wall at the 25 foot
setback. So, there's still he doesn't have to come before us for that. So, so I understand what you're saying, but you know, I just don't want to put out there that, oh, this is happening and these people are flooding because the the council passed something that might have been we have to look into that. That might have been a property that didn't even come before us. But this is Miss
Campbell stuff got Miss the people around Miss Campbell and from what I hear on 86th Street because we've spoken to those residents. They say that because height of the height of other new newer newer um what do you call those things? Properties newer sites
sites or what have you. Now when it rains the flooding happens to her and then she's got to come over to you and say, "Hey, can I get some sandbags because I can't afford all those sandbags and you have to give her sandbags or what have you." So, what I'm asking is be we we approve one of their buildings, we're about to approve the
second building. What I'm saying is after they build, if my neighbors get flooded, what do we do then? Do we just give them sandbags, too? What I'm understand what you're asking, but what I'm saying is is that before we even get to that question, I just don't want it
to be out there like it's a fact that we're passing like we passed that other house. I don't know if we passed the other house when we're talking about um Miss Campbell getting flooded out or who we have to give sandbags to. I'm not So, what I'm saying is we don't know for sure if that property came before the
council. It might not have to come before the council. So, I just want to put that on the record before we move forward to the to the question. That's that's that was only my first point. My point is is that and they can correct me because they know more about this because they're doing but my point is is that I know that when site plans when
new site plans go through for brand new developments they have to go through and I think we discussed this even through the the last meeting um the flood plan through the county the drain field the drainage and they have to go through all that through the county. I I understand
that. But even with that, residents who are there for a longer period of time, if because there's new buildings, nobody's taking nobody's taking in consideration the residents who have been there and aren't moving right now or aren't building up there or aren't
doing anything new to their property. When the council when the council approves and or passes, I I just I'm I'm asking a questions. What do my neighbors do afterwards? That's what I'm asking. What I mean, will they come back and
say, "Oh, well, well, you know, our our flood mitigation didn't really work, so we going to fix something up. We going to do a little something so that it does it does work out." Or once there's passed and they build, right? Cuz it's passed and they build and my neighbors get flooded, we just like Miss Campbell
going, "Oh, well, passes some sandbags." I'm going to come I'm going to I'm going to go to your attorney. But what I would say is the question not necessarily is what is everybody going to do when this happens? If it happens, Mr. Mayor. Okay. All
right. I didn't I didn't hear the word if. That's what I was waiting for. I was waiting for the word. Build yet. It's only a if. Yeah. So, I was waiting I was waiting for the word if. I I didn't hear it uh this the past time when you were just speaking. Um and we can look back at the transcripts next week next time. But I didn't hear the word if. And that's what I'm saying. So,
and we'll we can get to the answer to your question. And I'll go to your attorney Geller also before I answer it. But what I'm saying is is that the concern about what's going to happen if these flood situations happen. They're giving a viable answer
of when a new property development is is is done, you have to go through the county and get the flood plane, the drainage plan, and things like that. That's the answer. Now, if the answer is not something that people either believe or agree with or, you know, think that
the county does a good job, that's different. But that's the answer to the question. So, so it just depends on if you want if you like the answer to the question, you might be like, well, you know what, mayor, the answer is not good enough for me. Find me a better answer. But that's the answer to the question. The answer to the question is yes, it's
an if. and through the county of new developments through the flood plane through the drainage plan that if the percentage is greatly diminished. That's the answer to the question. Now if you don't like the answer to the question
that then that we can further we can discuss that further and move on to the a second different thing like a maybe a better answer or a different answer or something that's more acceptable. But that is the answer to that question that original question. the whole hold up. I mean, as far as residents are concerned, the holdup to the thing were their
concerns about, hey, if the developer bills like this, this will affect my property in the future. That was a lot of the concern of the residents as I walked around and I spoke to my my fellow residents. That was their concern. So is it not can I not ask a
developer that hey if if if the county approved and everything approved and it bills and these residents have issues what recourse will you set are you going to set any recourse for us? Is there something that you could do or say okay
well hey if it floods then you know we'll try and help or do we just go for sandbags? That's why because then then at that point then residents who are here to who have been here forever me right residents since 12 since we've been here forever then we need to we
need to be on the council then because we need to be like no yeah no we not approving that because that might affect adversely affect somebody else I mean to a certain extent that's what I mean that's what no uhuh no so so I think yes
so I think what you're what you're asking Um, in essence, attorney Geller, I'll come to you, but let me do this. I think what you're asking in essence is are they raising their property? Are they raising their property? I'm I'm
regardless whatever you guys whatever the county approved or whatever is going to be approved tonight or what have you as there because I mean the question was asked one time. I had a conversation with the young lady and she asked me, I said, "Well, would you guys consider just raising the house so that you're
not sinking concrete?" She says, "No, no, no. We worked with the people and and and this happened." And I said, "Okay, cool. But if in the end after it is built, my babies on the back and in the side got water. Now they squashing in water when it come rainy rainy time."
That's what we're worried about, aren't Miss Campbell? We worried about rainy rainy. And now they're swashing in their backyard. Who who gonna help them? Or should we just go get sandbags? That's all I want to know. Sandbag. If you if the answer is go get sandbags, then tell me, miss, why you just going to have to
go get some sandbags? Cuz we can't stop progress. Sandbags is always an option. Why would the properties around them be flooded? I don't know. Mr. M Campbell, why is your property flooded, Miss Campbell? Why is your property flooded? Should we ask
Miss Campbell why her property is flooded? No, no, no, no. She said, "No, he don't want to talk about that, Mr. No, no, no. I did not say that and you're way past the minutes, but we gonna keep this. We'll keep No, no, no. Point already. I mean, understand. I
already know. I already know that this going to pass tonight. So, my my my my battle on that is, but you know, I'm here for the war. So, we going we going to carry on." Like, I'm here for the war. We going to be here. So, it's okay. I mean, like I told you, you woke. I'm woke now. Hey, y'all want to give me
some more sleeping? I could go back to sleep, but I'm woke now. So, the reason why Miss Campbell's neighbor and the water runs down is because Miss Campbell's neighbor, the house used to be at a
certain level and then they heightened the house. Look at Miss Campbell shaking her head in agreement. So, like I said before, the question is, are they building the house up? Because we're
referring to Miss Campbell's situation. It's because the neighbor built the house up. So, like I said earlier, the real question is to ask them, hey, are you guys building the house up? That's the question. But that's not what
I want to ask. I want to ask besides that recourse afterwards and I'm asking them I'm in love with you Mr. Mayor. I'm in love with I'm in love with you also. If they say if they say well no because there's no nobody says we have to do anything if that happens then so be it.
That's fine. But the real question is just across and really we was just having the discussion so Miss White can make her point. That's all. Ain't we baby? Cuz your stuff going to get passed today isn't it? Right. Okay. So, you guys have anything afterwards that you're going to do? Attorney Geller is
going to come in before he jumps out of his seat. Ma'am. Yes. Yes. Beautiful. That's important. That's not the real question. I'll tell you what the real question is. What's the question? The fact is this. We have something in this state that hasn't been around forever.
It's called the Florida Building Code. It is a law that applies across the state. We didn't used to have to have it. We used to have something called the South Florida Building Code. Now there's one. Now El Patel has some flooding. It has always had some flooding. It's I've
been here a long time and I've heard about flooding for years. Some of it has happened in the past. And I am not here to tell you that what government says it's going to do always works because sometimes it does not. Does that I get
that. However, what the law provides mayor talked about you have to go to Dade County about the flood plane and the drainage. The Florida building code
governs what everybody has to build and across the state. And it applies here. Mhm. Our building department when they get site plan approval, they then must get building
permits. The building permits have to be issued by the building department for various disciplines to make sure that they're building in accordance with the Florida building code. And one of the requirements, now I'm not saying never
happened in the past because we hadn't had this law forever. Mhm. And stuff was done here and it probably had consequences. I can't tell you otherwise. Like I said, I can't tell you that the law will be complied with and effective. That
doesn't always happen. But I can't tell you what the law is. And the law is to get a building permit. Now, you must prove it's yes, there's this county component flood plan. That's
true. But you must prove that you will retain water on your property and it will not flood your neighbor. And if you can't otherwise demonstrate it, Mhm. you
have to build like a little couple of inches or whatever high retaining wall to hold your water on your property because you cannot get your building permit or pass inspection or get a
certificate of occupancy if you cannot demonstrate that. Now, I understand that saying that's on the books doesn't always constitute a guarantee ain't going to happen. I understand that. That's the real world.
But if someone violates the law, if they propose a solution that gets approved, but it doesn't do the job and there's flooding anyway,
they have violated the terms of their permit. They have violated the Florida building code and they can be they're also in violation of our code. They can be cited. Okay. And the county and the
city each can enforce that provision and tell them not ask them tell them you are allowing water from your property to flood your neighbor. Now, to a block up,
that may still be happening because that was done 20 years ago. But now with the new law, it's not quite that new. It was after some of those hurricanes, but it's been a few years. But now it says you must, if you pardon the expression, hold
your water. That's right. And if you don't, there are legal consequences. And in my opinion at least, the neighbor could also, if they chose, and said, "Hey, you you you guys ain't doing
anything, they could go to court themselves and say, you are flooding my property. You are violating the law as to my property." But ideally, no one has to go out and get
their own lawyer. This is something that the law requires. The inspectors should catch it when they're doing the permit. They should have some kind of test. They should see engineering calculations. They should make sure it will not
happen. And if it happens anyway, which again I understand, there are consequences both from the county saying, "Hey, you didn't do what you promised and the city saying this was a requirement of law. You failed to
comply. Fix it." Okay. I hope that's a clear answer. No, no, no. Fabulous answer. Thank you very much. You have a great Anybody else for this property? Hi, my name is Juan Bertran 1998 87
Street. I'm a neighbor of this new development and I have to say congrats because I think that it's a beautiful project and that's just an opinion. But what is a fact is that before this development in this plot there was an
abandoned a house that was abandoned with a backyard full of trash and I think that is the fact that this is going to be an improvement and what I see is that a family is going to come and it's going to live in this house and it's going to take care of the house and
we are going to see children in the street again playing. So I think that it's a very positive thing for the neighborhood and and for me as a neighbor. So it would just Thank you, sir. Thank you. Thank you. Anybody else for this property? If I may, Mr. Mayor, just to make a
comment because I think Miss White wanted to hear from us and I just want to I just want you to know that we're going to be neighbors and we want to be a good neighbor. I don't think we've demonstrated anything contrary to that. uh we are going to follow every rule and
every regulation in this process. I just want you to be assured of that. Okay. Anybody else with this particular property? Hearing seeing none, bringing it back to the council. Um madame manager, let's get ready. Um anybody
from the council questions, comments? Hearing seeing none. Do I have a motion to approve? Moved by uh Council Person Lightoot Ward. Do I have a second? A second. Second by council I mean Vice Mayor Martin. Sorry about that, Madam Vice
Mayor. In the absence of the clerk, I'll call the role. We'll start um down here with council person Ward. Yes. Uh council person. Yes. Council person Winters. Yes. Vice
Mayor Martin. Yes. Mayor, yes. Item passes 5-0. Thank you very much. you know, the way we do things. Um, thank you. Per our Thank you. per our Yeah. You know, the way we do things in Alpert, um, for our processes, attorney
Geller, uh, we always start with the newest council person and then we go by, uh, seniority. Seniority and last name. I'll try to remember that next time I have to call the role. No problem, Attorney G. You're the best. Um, let's go on to the next
item. Yes, sir. This is item G2, attorney. Item G2, resolution of the village council of Elportal, Florida, granting site plan approval for the new construction of a two-story residence at 8750 Northeast 4th Avenue Road,
Sanctuary Arbor, lot 13 in zone 3, a suburban residence in the village of El Patel. An application by Sanctuary Venture LLC, providing for findings, providing for appeal, providing for an effective date. Thank you very much from the council.
You got any questions, comments? Hear a seeing none. Open it up for this particular lot. Um, lot 13. Open this up for the audience. Anybody from the audience have anything they want to
say? Come up. Say your name, address for the record. Did you? Oh, uh, sorry about that. Happy. Sorry about that, Miss Hammonds. Um, has there any been any adjustments, any new conditions or anything like that? There has not. This is the exact same application that was approved by the planning board. All
right. Thank you very much. We'll accept the staff report into the record. Thank you very much, Miss Hammonds. Mr. Alvarez, the floor is yours. George Alvarez, 165 Northwest 88 Street. I spoke to Federico earlier before. Um
there was it was spoken about at the last meeting and I'm I'm I'm forgetting some of the details, but uh was there not an open letter from Durm regarding moving
trees, cutting trees? I wanted to know the status of whether or not there was a cease and desist letter. Uh I wanted to know if if you guys have dealt with that and if so uh how you're dealing with it
in uh what I hope will be layman's terms uh you know with respect to your your your education and you're a very knowledgeable guy. Um, but I want to hear about uh what the plans are for those trees because one of the things um
that we also heard last week was uh when neighbors were concerned about the trees and uh a little cynical perhaps about the success
rate. um and basically believing that it's just going to be trees that are gone forever, chopped down forever. And we were told that there was no other sight plan that there was no other possibility
that if it came down and I maybe I misunderstood, but I made some notes about it. But if it came down to it, if it was the trees or a house of the size and design
that you and your partners have offered, that there was no option for you guys to con consider a smaller house that there was no option for you guys to consider a smaller house
with a different plan, perhaps with the same number of bedrooms. To me that seemed anywhere between confusing and disingenuous. So I hope that with great respect you will address that issue
because it does seem to me that there is another option if the trees cannot be saved and we cannot retain lot by lot this canopy that that we all love and
occasionally worry about. So I I appreciate your time federico and thank you councel Mr. Thank you Mr. Thank you very much Mr. Alvarez appreciate it the council has records term three relocation permit has been approved and
just to clarify your concern the tree canopy will be conserved and we are going to be planting additional trees to enhance that canopy and if I can add Mr. Alvarez is also my understanding, not won't claim expertise
on the Day County tree ordinance, but it is my understanding from my previous experience with it that when you say you're going to mitigate by moving a tree, if that tree doesn't make it, you
can't just go, "Oh, well, I tried, didn't make it." That would invite people to do things like not watering them properly, etc. My understanding of that law is that you can say, "I'll move the tree," and if by some chance it
fails, you then have the duty to replace the tree that was failed. Not necessarily the exact same species and the exact same size. Maybe it's two of them or
something. And again, I I don't claim a special expertise, but you can't just walk away from it and say, "Well, I tried to save it. Too bad." You have to go ahead and still mitigate as if you had taken down the tree to begin with. You have to provide satisfactory
mitigation that meets the county's arborous standards uh and present sufficient evidence. You cannot just say, "Oops, sorry, too bad. May I come back up?
George Alvarez, 165 Northwest 88 Street. What is the enforcement mechanism? Because I can think of a property that has recently been knocked down. I think it's on I think it's on 90th Street Northeast somewhere.
um where two oak trees that used to be there. Of course, you know, I have to fairly admit that I didn't spend my life thinking and dreaming about these two oak trees, but I do notice that they're gone. And
uh yeah, what's what's the enforcement mechanism? How does the village or the county ensure that? That would be the county and the county has inspectors. uh you can call in complaints to the county. I don't know if Miss Hammonds
knows more about the tree ordinance than me. Okay. But um you know the only thing that's changed in that environment they don't allow anymore in this uh really in the state you can't call it in anonymously as you used to be able to
but you can contact and I'm sure the the village can get the phone number for you if I mean the two oak trees you're talking about whether they were mitigated somewhere else I don't know that maybe you didn't see or Maybe it's
a violation. You could, you know, call and and say, "Hey, something happened." They have people that's their job. Now, again, Mr. Alvarez, I I understand we all live in the real world and we're living in a a
time when there are terrible draconian cuts to government services that are not well thought out in any way. And it has an
impact on all of the things that government is supposed to do to try to protect people. I can't tell you if they've had staffing cuts in the tree enforcement section at Miami Dade County
and that they're completely up todate, but they have a job to do to enforce that. Certainly, we could assist in locating that number. And you know certainly there's nothing that prevents the village itself from calling them and
saying hey we have somebody who said they're mitigating trees if in terms of what's in front of us you know that says we're going to move these trees. You can't say I'm going to move them and keep them alive and fail and
just go oh well. That is not what the law provides. And and it's a Dade County tree ordinance. They kind of preempt us, but they're there to enforce it. Again, I I I haven't called them lately and found out if it's completely up to
date or if they've had to lose half their staff. That's just the days we live in. But there is a process. And and to add to Mr. Garer's point, thank you for the explanation. Together with the permit is a tree bond. It's an
insurance. If any of the tree dies, that insurance is going to be used to replace the lost canopy with a Florida native and approved tree within the same property. Thank you, Mrs. Apata. Anybody else from
the audience? say your name added for the record, Miss Brooks. Marilyn Brooks, 400 Northeast 90th Street, Miami, Florida 33138. I am trying to understand the discussion
on the trees because there is a tree between my house and one of the neighbors and the tree has grown tremendously. Most of it is hanging over my master
bedroom. And I'm dreadful that the other day I was in the backyard and it seems as the root of that tree is coming over to my property. And if it comes over, it's going under my bedroom. What will
happen? Mayor, if I might, Miss Brooks, if you send that information, I just was speaking with the manager. If for this purpose of what's in front of us, um, I said that we, by which I meant me, have
a number, would be happy to call Miami Dade County, the tree thing, if you get offline with me, email or whatever. Known you long enough, Miss Brooks. Yes, I know. Um, and get me that in Yes, ma'am. and get me that information. We
will try to assist you with bringing it to the county's attention because again uh what you can do to a growing healthy tree, if this tree is not in good shape, that's different. What you can do with a growing healthy tree, it's not
unlimited, but you do have your own property rights in your property to not be adversely affected. I'll be happy. It's really not part of this zoning hearing, but I'll be happy to assist you with that offline. Just get me that
info. Thank you very much. Thank you, Mr. Anybody else uh about this item. Say your name, address for the record. Hi. Uh George Sarin, uh 256 Northeast 85th Street. um here to talk in favor of
uh the project. It's it's a beautiful project. Um the location is very strategic for Elportell. Um it's going to definitely improve the entrance from east into 87th Street. So the entire village is
actually going to benefit from it. Even though it's in a specific location, I think it's going to benefit everyone. So, um, with the mitigation measures on on the foliage on the landscape, I think it's going to be a a good great project for for the village. So, thank you.
Thank you very much. Anybody else from the audience for this property? All right. Hearing seeing none, moving back to the council. Um, this is for loting. Yeah, this is for lot
13. Um, any of you questions or comments for the council? Uh, attorney Geller, I have a question for you on the lot 13 when it was emailed includes parts of lot 14 in the actual uh description. Is
this any kind of issue that we have to deal with? This pro project was before you previously it was previously advertised. it was advertised correctly for that date. Um, provided that you postpone to a date
certain and that that is announced at the previous meeting. Really, no other advertising is legally required. Misspoken, different question. the um the reading that the Cordino group put
out the whole paper work for it on lot 13 also has parts of lot 14 as the same paperwork. Can you can you please be more can I talk can may I let me let me answer his question and then yes my point is
that just because you provide some additional information in the email that relates to the neighboring property that may be of interest to someone. The legal requirement is that there have was a proper advertisement which I believe there was for the prior hearing in my
understanding it was properly advertised and when you that's why I always urge the council when possible to postpone to a date certain because then it doesn't require readvertisement which is not to
say that we don't try to keep people in the loop and send the information as possible but legally speaking it was not required even to be readvertised and providing some extra information is not particularly a problem. Okay. Thank you.
Thank any other questions or comments from the council. Call a question. May there uh go ahead. Council person uh Ward. I said call the question. Oh, I can't hear you. Is your mic on? Council person War. Yes, it is. Okay. I didn't hear
you. Um, give me one second. Council person Ward, you know, I have a little little situation just with I mean, the trees are one thing, right? So, you guys know how I feel about the tree situation. Um, just moving forward
just, you know, I know that, you know, if the trees don't work, then you'll replace the tree with the, you know, same type of tree. I just I don't know. I just, it's just hard. It's just hard with the tree situation that those trees are going to survive. And like I said, I
know that you said that you replace it with um a light tree. I just don't want those trees to die. And you know, this this property is just on a unique it's in a unique area. It's right across from Village Hall. Um so I just want everything to be done the right way. Now
um sometimes I am not saying you guys are going to do it the wrong way, but I just want to make sure everything's done the right way. Um, you know, I do understand sometimes the nuance, right, of the legality of
things, but it doesn't make me comfortable. You know, whenever you have a situation particularly where you have some people that are for it, some people that are against it, you know, I always want to make sure, madame manager, that like our eyes are dotted
and our tees are crossed. you know, the manager and I and the council up here, you know, Vice Mayor Martin, um, Council Person, Council Person Ward, Council Person Winters, you know, we all deal with and will continue to deal with, um, new developments, um,
commercial developments, large commercial developments, and I always try to make sure, and a lot of people, you know, and I've said this before, um, sometimes people are around to hear me, sometimes people aren't, um, you Everybody who's heard it before, you'll probably hear it
eight or nine times again before I'm before I leave Alberta. But um you know, I always want to do the right thing and even in politics and even whatever, like even when it comes to anything, like I would rather like lose for the right thing to happen than to win for the
wrong thing to happen. And I'm just saying that just to say that I'm just not I don't feel easy about it's not right tonight, but it was advertised a certain way before, but tonight the paperwork's not
right. It just is it just gives me a sense of like uneasiness that I just feel like I always try to make it. And like I said, we've all gone through this and myself and the manager, I've been working with her side by side for so long. And you know, I always work with Clerk Jacobe because the mayor sets the agendas and
I'm always like like it has to be right. And like if it's not right, even if it's like my item, if it's not right, I'm like, let's just pull it. Let's just delay it. Let's just pull it because it's not straightforward. And I never want to give room for like people to come back later
and say, "Oh, it wasn't advertised right. It wasn't straightforward, and you guys sent it through anyway." Because when stuff like that starts to happen, then you know whether right or wrong, then it's like, oh, like somebody got paid off, like you know what I'm
saying? Why why was it rushed through? You know, why wasn't it like advertised properly? Why wasn't the paperwork done properly? Why wasn't all this stuff done properly? So, I just I just kind of feel uneasiness about that. You know what I means? And I just I don't know, you guys. That's the only that's my only
like really hangup with that right now. It's just that um and I know it's not the you know it's not the fault of Mrs. Aata um or the client um which I do take that into account also like you know maybe they shouldn't be penalized for
that it's not their fault um but it just kind of I just I just always try to make it so that nothing can come back and bite us later you know we do something different than we do for other individuals. It's just something that I kind of take a little bit
sensitive. I don't know. But um anybody anybody else from the you you're good. Anybody from the council? I don't know if you want to say something. Can can I can I add something? Go ahead. Go ahead, Mr. Mr. Major. Item 13 was presented and circulated.
Both items were reviewed and approved during the planning and zoning meeting and during the last council meeting and was stable to this meeting. Nothing of the project has changed. Item on lot 13. This item that we are currently voting
is it's exactly uh as the project will be proposed and lot 14 is the one that has a clerical error that I caught and corrected it. um unfortunately wasn't circulated properly ahead of with plenty of time ahead of this meeting but for
the previous meeting for the previous console meeting was circulated correctly. So I just leave it up to you but I I will say that uh item 13 item on lot 13 has doesn't have that item that
you're you're alluding to or that issue the issue with the No, it's it's the next one. lot 14 about the um on council person wes I don't know if you want to say you spoke to attorney Geller if you have some information you want I was reading and making sure when I when I uh
spoke earlier I said it was an addition but I'm I'm looking through this it looks like more like a replacement of the the words can I get confirmation on that Miss Hammonds has anything been adjusted can you come look at what
or Mrs. Aata, do you know if anything's been adjusted on line 13? Nothing has been adjusted. The documents that uh we we submitted doesn't have nothing to do with this meeting and is basically the approval by durm and a document that uh
Mr. Winters requested was a success rate by the arborist which clarifies that it was 95%. So, it was a formal letter. I also uh handed it to him early today during a private meeting. And those are the two items that were added to and
strengthened tonight's vote and and present discussion. Council, sir, the letter from excuse me for the letter that you say you have from Durm needs to be entered into the record. I just presented it as part of to strengthen
today. It doesn't need to be entered because it's overseen by Miami Day DM. So, I'll leave it up to your discretion to enter it or not. Uh, Council Person Winters, um, do you want to point us in the right in the direction that you're referring to on
the lot 13? Is there I'm I'm I'm looking at lot 13 and and lot 14 and I'm just trying to make sure that all the correct documents are on there because when I go to 14, which is the the long rectangular
building, I'm seeing a lot of um measurements and and um examples of the lot 13 building. I'm trying to find out if there's actually it includes everything it's supposed to include or it has been replaced. It's a big documents basically it's a
clerical area on lot 14 and they attached the plans of lot 13 on 14 but lot 13 is the proposed plan with the companion documents. Yeah, it would be a clerical error because you had the documents correct
the last time. Yeah, but um thank you for confirming that. Yeah. Well, I appreciate everything you've gone through to get us this harvest report, saying that there's a 95% chance that these trees will survive. That means a lot to us. Um, I am still concerned though. I mean, that the bond has been
posted yet for the the derm. I mean, it's disapproved at the moment. So, I mean, if we do vote, we're going to have to contingency that it gets paid in the next month, right? It has to be paid. Yeah, of course. So does anyone else
have confirmation on that lot 14 is missing or is it just had additional from lot 13? Yeah. So, so yeah, I had a, you know, I saw it uh, you know, two days ago when I went through the packet. So, I saw that lot
14, the next agenda item, um, lot 14, the papers on that, the supplemental documents are lot 13 again. Um, when we get to the next agenda item, lot 13. Lot 14, it shows lot 13 instead of lot 14.
But from what I see, lot 13 is correct, though. Go ahead. From what I see and just uh just for confirmation, we're dealing with lot 13 only now, right? So the the current issue that we're considering the item has the correct
documents attached. It is the the uh plans that we've reviewed numerous occasions. So maybe we could proceed with 13. That's exactly what we're doing. Okay. Absolutely. Vice Mayor Martin. Um any other questions or comments from the council? Yeah, just a
quick comment. Um, just to remind everyone that, uh, the previous item, this item, the next item, uh, nothing we're seeing tonight is exactly as it was presented to us in its first inception to us. So, um, I understand
sometimes at these final meetings, it can seem like, oh, it's just a nonchalant approval of this, that, or the other, but, um, I believe he can attest to the fact that I, uh, grilled the ever loving crap out of him in the first meeting, didn't I? And um uh we
have absolutely um I'll speak for myself. I have absolutely u uh put the architects through the ringer for everything we've seen uh uh tonight and we'll see. Thank you very much, Council Person. Anybody
else from the council hearing? Seeing none, um do I have a motion to approve lot 13? I will move. Can I uh ask for Uh, can two contingenc two contingencies on that? Uh, you want to so go ahead. Go
ahead. We haven't had a second. I would like to add that the bond payment get paid within the next month or if it does not it comes back to the council which is easy to do, right? And the second one would be to replace the trees if any die with the same species. Okay. Same
species, same height, same Is it possible the same height? I don't think that was possible. the same. All right. So, same species. All right. So, we had a we had a a motion for just regular. So, I'm going to ask three times for a second for that
motion. If that one fails, then I'll ask for a motion again and we can take a motion with the um conditions that Council Person Winters wants to enter. All right. So for the first motion for council person just for the motion for
lot 13 as is um we have a a motion from council person. Do we got do I have a second point of course point of order? Yes. We got three three items here. Yes. Why are we jumping to two before we do one? We
already did the first item. Is that what you did? Yeah. So, and mayor just procedurally since the council personal board raises the issue. Um, if there is a second for this, that doesn't mean that Councilman Winters points go
unressed. If there's a second and the motion is before you, Council Person Winters can move to amend the the motion to add those conditions. I understand. Attorney Giller. Thank you.
Um, we have a motion. The first I'm looking for a second. I went through it once, going twice, going three times. I'll second the motion of the just as is. Yeah, just as is. Okay. All right. We have a motion.
We have a second just as is. Attorney or madam clerk or attorney Geller. Who's on the roll call? Which one are we talking about? Council person Wyinners wants to amend it. This is already done. My understanding that was the my point he wants to amend the motion although
council person I I would say to you that when the bond is posted is really governed by law and it is a requirement in order to get your building permits. Um, but whether it's put up before the
building permit process, I mean, the reason it wouldn't have been posted now is right now that there's not an approved project to do it. And he a month maybe before Date County is ready to do it. So you might in your amendment
you might say that the bond must I mean it's already required by law but if you want to emphasize it that the bond be posted as required by law at such time as as it's required because if you know ultimately if they came back and said
we're not going to allow mitigation of any kind there would be no purpose for there to be a bot that would be for an amendment that would be adequate. All right. Um, you have a motion. Do we have a
second? Uh, Council Person Winters, are you amending? Can we amend it? Yes. All right. So, I need a second for his amendment. If I don't get a second for his amendment, we go back. We already have a first and second for the original motion. And we'll vote on that. And what is the amendment? If I get a second for
with his amendment, then we'll vote on that. So, the two contingencies were bond payment requirement. The general recommendation has recommended Mark pass on everything except for the bond payment which obviously is required here. So require that the bond is paid
in the reasonable round of time that Mr. Geller said as required by law as required by law and that if a tree dies it is replaced with an adult of the same species. We're not giving any height requirement or girth requirement just an
adult of the same species. All right, we have a motion. Do we have a second for that amendment? Second going once. I can I second Councilman Winter's uh amendment. I second that. You have a second for coun. So, we have a motion. You have a second.
Um any further discussion? We're good. Hearing none. Who's doing the roll call? I'll do I'll do the roll call on the amendment. On the amendment. If the amendment passes, then you'll vote on the resolution as amended. If the resolution, if the amendment does not
pass, then you'll vote on the resolution as it was originally moved. So, this is a motion to amend the motion to approve to add the condition that the bond be posted at such time as required by law
and that if any mitigation of moving these trees should fail, that they be replaced, that tree be replaced by an adult tree of the same species. So the roll call if yes is in favor of amending. No is to stick with the
original resolution simply to approve. Councilman Winters. Yes. Council person Ward. It's Lightoot Ward. Yes. Lightoot Ward. Oh, excuse me. I should know better after all this. Yeah, you should.
Council person Lightoot Ward was a Yes. A yes. Council person, yes. Vice Mayor Martin, yes. Mayor, no. So, the motion to amend passes 4 to one.
And at this time, Mayor, if there's no further debate, which is up to you and your colleagues, but if there's not, then we would have a roll call vote on the motion as amended and I'd restate it. Yeah. Go ahead and restate it for us.
The motion before you as amended is to approve with two additional conditions other than the staff conditions which are always incorporated into your motions to approve. Um number one that the bond be posted at such time as required by law and number two that if
one of the trees that's being relocated should not survive that it be replaced by an adult tree of the same species. I'll call the role on the amended motion. to approve with those conditions in order. Council person Winters, yes.
Council person Lightoot, yes. Council Personal, yes. Vice Mayor Martin, yes. Mayor Nickerson, no. Passes four to one. Thank you very much. Moving on to the next agenda item. Attorney together, can you read that into the record, please? Item
G3, a resolution to the village council of Alport, Florida, granting site plan approval for the new construction of a two-story residence at 8750 Northeast 4th Avenue Road, Sanctuary Corner, lot 14 in zone 3, a suburban residence in the village of El Patel, an application
by Sanctuary Venture LLC, providing for findings, providing for appeal, providing for an effective date. Thank you very much. Um before I go to the audience, any questions or comments from the council none to be the same one as before, which is that we have some mis clerical
errors. Yes. So this is exactly so this is a thing we were talking about where lot 14 um you know shows lot 13's uh supplemental documents. Um for lot 14, Miss Hammonds, were there any adjustments or conditions or anything?
No, there were not. This is what was approved by the planning board and um before you at the last month's meeting. Okay. Thank you very much. I appreciate that. Um any other questions or comments from the council hearing? None for about the audience. Any questions or comments about lot 14
from the audience? Come up and say your name and address for the record, please. I'm George Alvarez, 165 Northwest 88th Street. Um, my question is about the setbacks. Uh, this got addressed a couple meetings
ago, but I don't I don't see any changes. So, I'm hoping for some clarity uh on uh it's a it's a trapezoidal if I may turn that into an adjective shaped property. obviously difficult to build
on um especially uh trying to you know use all right angles on the south side of the curve. That is to say, um, yeah, on the south side of on the south side of the
property, does the building, does the structure, its foundation or any exterior ornamentation transgress the setback? Number one. Number two, are you seeking any
variances for that or for anything else regarding this property? Mr. Alvarez. So yes, it's a trapezoid very difficult to develop given the shape and the loss of um efficient
space. To the south is the secondary front. to the east is the primary front and is the front main entrance to the property. To your specific to your question, the we don't have any
encroachment into the south setback or secondary frontage of 20 ft aside from the roof. code allows you to encroach up to three feet into the required setbacks on
accessory components. In this case, the roof overhang or set. So the diagram on your your level two area diagram what we are seeing is roof not foundation. not foundation
just the well I should say that foundations you usually or for the most part they encroach into the setbacks because they're buried below the ground but it could be considered an accessory that is allowed to encroach what is not
allowed to encroach is the the the the rooms or the walls of the property in this case the south wall is winning the setback what what what What is uh the approximate distance from the public
street to the south wall? 20 ft. 20 ft if I remember correctly is 20 ft. Okay. So So the room So the roof the roof is 2 and 1/2 ft 2 and 1/2 ft encroachment into the required
setback to the south and to the north. Okay, that leaves you, for example, on the north, you have a five foot setback, right? You still have two and a half two and a half five clear space between the property line and the edge of the roof,
right? So, if we're dealing with cubic feet, if that were a reality, basically the roof line on the north side would only be approximately 2 and 1/2 ft away from the neighbor's property.
That is not correct. is 20 ft minus the 2 and 1/2 ft to the south. Oh, okay. No, now I'm saying the north side because you've got five feet from the driveway and the pool
edge to the neighbor's property line. Correct. And obviously the roof is further towards the the neighbor's property line. So, I'm just trying to get a visual of how close that roof goes to the neighbor's property line. if they
maximize it will be about five feet. What do you mean if if so for example if somebody comes and builds to the north and builds to the property line and has a two foot overhang into the setback and I have a twoft overhang onto the setback
that leaves with five foot clear between overhangs two. So that that's basically a two and a half foot non you know non-required non-existing setback in the air between two roofs if a neighbor were to do that plan. Correct. And of course
the neighbor is you. Correct. Right. The a third property that you're probably Yeah. Correct. You're undecided about. So all right. And so no no no variances. No varian no variances whatsoever. Okay.
Um, I I do think that these sort of designs start to make, you know, it's a beautiful house. I've told Feder Rico that. I I I think it it looks nice or at least in the renderings.
Um, but I think uh it starts to get starts to get kind of serious when we start building houses that are so close that those sort of elements can touch. And maybe this is the one exception that
El Prattel sees in the next 50 years, but maybe not. Um, I I like I like the house. I wish these facts about this house and
property were not um not what they are. I'm just going to leave it at there. I thank you for your time today. Thank you. Thank you, George. Thank you. Anybody else from the
audience? Let's come over and say your name, address for the record. How you doing? Uh, good evening. Um, I'm Maria Julana Sapata. I live in 8750 Northeast 4th Road. Uh, and I'm here to support uh the
project of Sanuri Villas. Um, but also uh my brother who's pouring his soul into making this project a reality. have obviously known him all my life and I can say he's honestly one of the most dedicated and honest and communitydriven people I know. He grew up here just like
I did. Um and um it's deeply meaningful to see him always get back to to community and to a place that has shaped us. I know that San Villa isn't just another development. It's uh rooted with vision, with care and respect for the
environment and uh the deep love for the neighborhood. Uh so it's the kind of thoughtful thing that brings real lasting uh joy to this community and I appreciate you guys for listening and thanks um for your service and considering uh the heart that's going to this project. Thank you very much. Thank
you. Anyone else from the audience? Okay, hearing seeing none, let's go back to the council. Um council, any last questions or comments?
I'm very techsavvy here. Whenever I'm pulling stuff up and I just was have trouble following everything because as I'm going through the PDF, I'm getting lot 13 documents all over lot I mean lot
14's documents all over. It's lot 13. I'm was trying to follow Mr. Alvarez here about the overhang and I couldn't even find documents. I've been trying to find them because of this clerical error. Um I I I think we should move to to
postpone it to next meeting because of the clerical error. Before you make the motion, can I ask a question? What what exactly was the error? Yeah. What was the I I would love to know. So on um if you look at the the link for
lot 14 for the one we're on now, you know what? I I I I know what the error looks like, but why did it happen? Is this the Cordino group? Is this Yes. So, you know, I I am not infallible and people do make mistakes, but it does
really um sty progress when we have to deal with this and it it happens frequently and I can only imagine the applicant's frustration, right? you send in something and you know through no fault of your own now we're we're in this
debate that kind of holds up um I guess you're not necessarily your completion of the project but this process which has already been a long one for you and I think it it really like Councilman Winters is experiencing it it hums us up in trying to like fairly evaluate these
documents so I think this is the second time I've said it that I I would really like for the Corino group to just really painstakingly look through these items to ensure that the right documents are attached. Um because it really is hard
for us to do what we're doing up here. Um when we do have issues like this, what the mayor said is not lost on me. I don't want to waste the applicant's time, but I definitely don't want there to be any sort of power as to um the transparency of this process. Uh, so I'm
not sure what the issue could be, right? Because I just want to make sure it's not an upward tile issue and it's it's one that's out external, but um for the purposes of the these meetings, you you are internal and and what you're doing does reflect on us and I for one don't
like um the appearance of impropriety. I don't like the appearance of not being thorough. Um this is happening frequently. Uh, as far as my memory, I I I really can remember probably the last couple meetings where we've either had
scriveners errors or omitted documents that have really um made us look like amateurs. And I don't I don't appreciate that. And I understand that people make mistakes. I frequently make mistakes, but I really implore you to um let this
be one of the last. just really comb through those documents to make sure that what is being submitted by the applicant is what's reflected because I hate to do it but yes it it is it is an issue for me although I know that u the attorney says that we can rely on a
document that and I get it I I I get it legally uh but at the same time I understand as someone sitting in the audience why it would feel like this is something of a slight of hand and and I don't want to do that either. Uh, so that's just my comment on it. And and
Vice Mayor, just to be clear, saying it is not the same thing for me to say you don't have to as to say that you're not able to. It's for sure. Noted. For sure. And I definitely like I I love your analysis on these things. I I follow you
completely. Um, it's just it's a personal preference as far as what you're comfortable with. And in this one, those are the decisions you were all elected to. Exactly. Exactly. And on this one, I would appreciate the cordino group not putting us between this particular rock and hard place. Exactly.
I I understand though that the motion is not yet made um per your the vice mayor's request to the prop purported maker. So, let me just again urge you if it is your pleasure not to consider it tonight but to postpone it. I would urge
you to postpone it to a date certain specifically our next regular council meeting and we can get the date of that put in the record because otherwise it raises other issues about readvertising. Uh you'll still have the email sent out
but it is better legally to postpone. If you're able to postpone to a date certain, you should do that. 24th, mayor. Yes, I understand it's June 24th according to measure. So, just if take
that I mean it's your pleasure to make the motion any way you you can. Mine is just an advice and and request, but your pleasure is if your pleasure is simply table. Um, you certainly have the right to do that. Counc
Light is very confusing. It looks like lot 13. It talks like lot 13, but yet it's supposed to be lot 14. Same address, different zone. I don't like it. Something's not right. Something's not right here.
I think we need to postpone it, destroy it, burn it, whatever you got to do. But this does not sound right. This not even this does not even read right. Thank you, Vice Mayor. I mean, thank you, Council Person Light for a Ward.
Anybody else from the council? Do I have a motion from the council? Excuse me. Can I Can I ask? Yes. Go ahead. just uh just for courtesy purposes and and the time and effort that we have put in time this delay does
put us in a in a financial hardship time effort money carry costs so I will ask that for the next meeting go straight to voting because it's just a clerical error that needs to be corrected that's right and no open to the public or
discussions it just go straight to vote unfortunately sir that would be Contrary to law, if it's it has to be a public hearing, it's required to be a public hearing. I'm sorry. That's may feel unfair, but the law is to protect
everyone's rights and and it must be a public hearing. So, may I just ask the major to put us first on the agenda then next time? No. I'll see on the record. I'll I'll see what happens. I'll see what happens. Um, anything else from the council, you
guys? Do I have a motion from the council? I'll make a motion uh to move this to the 24th of June meeting and apologize for the clerical error. For the record, that's a motion to postpone to a date certain specifically
June 24th regular council meeting. Do I have a second? Second. Motion made by Council Person Winter, second by Council Person Lightoot Ward. Um attorney Gill, you doing the roll call? Yes, sir. on the motion to postpone uh item G3,
the resolution relating to 8750 Northeast 4th Avenue Road, lot 14. The motion is to postpone to a date certain the next council meeting, June 24th, 2025 at 7 p.m. Council person Winters, yes. Council person Ward, yes.
Council Person, yes. Vice Mayor Martin, yes. Mayor Nickerson, yes. Passes five to zero. Thank you very much. I appreciate that. Um, we did good in welfare. We did everything. Do I have a motion to adjurnn? So moved. Moved by Council
Person Lightoot Ward. Do I have a second? Second by Vice Mayor Martin. The council meeting is adjourned for Tuesday, May 27th is adjourned at 9:28 p.m.