7:30. Where you from? It please confirm that we are ready to start live streaming. It please confirm. Thank you. All right. Good evening everyone. Uh for those watching online, I welcome you to
the special presentations portion of our council meeting. uh honoring various uh residents young and old for various uh accomplishments that they achieve whether it be sports, whether it be academic uh or just helping out the community. And so tonight we have a
special honore that we are awarding a certificate of recognition to happens to be son of Councilman Alex Sanchez who he has uh many reasons to be proud and why we as a community should all be proud.
So there is an award um given out to high school students called the do the right thing award right so interesting about this award is it honors those that do good deeds in the community right and that also give back to the community more broadly in
fact the line was helping out last Saturday you know and he had way too much fun with that um but out of what's interesting is they only select 10 applicants and if you want to know how many people total apply there were over a thousand applicants
of those thousand 500 were from high school and of the 10 that were picked at the end of the day out of those thousand applicants the only one from high school that was selected was align so we want to congratulate you on that accomplishment and why don't you come up here a second
good job by the So, here we go. The certificate reads, "In acknowledgement of your integrity in reporting drug use on campus, prompting school administrators and authorities to respond swiftly and protect the student body, the town of Miami Lakes thanks you
for exemplifying outstanding character and civic responsibility. as one of only 10 recipients out of over 10,000 nominations of the prestigious Do the Right Thing Award. Congratulations, Align. This is welld deserved. Keep it up, man.
>> Is there anything you want to say to encourage your fellow students? >> Of course. >> Of course. >> My dad always said, "Maturity is doing the right thing when no one's looking." And I always took that to heart.
He has instilled in me that when you're doing the right thing, you know when I'm not sure how to explain this. >> He taught me when to do the right thing. And this is a perfect example of it.
He for the past 14 years he has taught me the difference between right and wrong and I am thankful for him and my and my mom and my brother and my family. Thank you.
>> You did it. Congratulations. Let's get a photo with everybody. Uh Congrats again. And again, important words to always do the right thing even when no one is looking and even when it's not popular. Right. So for the rest of us though, we're about to get
started. We have 6 minutes until 6:30, which will be the official start time for our meeting. So, we'll be in a short recess and start promptly at 6:30. We have a full agenda tonight, so we're going to move as quickly as possible. Thank you all. Here
we go. 6:30. >> Madame clerk, are we ready to go? >> It can somebody come out and confirm we're we're rolling? >> It good. All right. Here we go. Ladies and gentlemen, I'm calling the meeting to order of the Miami Lakes Town
Council meeting, the regular town council meeting for October, uh, at 6:30 p.m. Madame Clerk, please call the role. >> Council member Fernandez, >> present. >> Council member Cuadra Garcia is absent.
He's um dealing with a family emergency out of um town. So, he is absent. Council member Garcia, >> present. >> Council member Hzburg, >> present. Council member Sanchez, >> present. >> Vice Mayor Moretta,
>> present. >> Mayor Diegas, >> present. >> Mayor, you have quorum. >> Excellent. Everyone, please rise for the pledge of allegiance, which will be led by Councilman JC Fernandez. Please remain standing for the invocation which tonight will be led by
Councilman Steve Herszburg. >> Thank you, Mayor. God, thank you for the opportunity to serve our community. Grant us wisdom to make thoughtful, fair, responsible decisions for our residents. Help us listen with open minds, act of integrity, and always seek the common
good. Amen. Thank you very much. You may be seated. Council, we are now on the order of business. Are there any proposed deferrals, additions, or deletions? I'm going to work left to right. Councilman Sanchez, do you have any? >> No. Okay.
>> I have items to pull from consent. >> Okay. Yeah. This this is the time because this is when we're modifying the agenda. >> You want me to come back to you? Come back to me. Okay. Uh, Councilman Fernandez, do you have any changes to the agenda? >> None. >> Okay. Vice Mayor? >> Yes. >> Okay. I would like to pull items
12, C, D, and E from consent. Okay. For the benefit of the public and our colleagues, that is are those are items 12, C, D, and E being pulled from consent. Uh, Councilman Garcia, do you have any changes to the order of business?
>> Not at this time. >> Okay. Councilman Herszburg? >> None. >> Okay. Councilman Sanchez, returning to you. >> Yes. Yes, I'd like to pull 12B, 12 F, G, and H.
>> So, I'm going to repeat it back one more time. So, the vice mayor and Councilman Sanchez, just please confirm I got them all. We are looking to pull 12 B, C, D, E, F, GH. >> Yes. >> Okay, perfect. Uh, there being no other motions, is there a motion uh to modify
the agenda as proposed? >> So moved. >> Okay, been moved. Is there a second? I'll second. >> It's been moved and seconded. All those in favor say I. I. All oppose? No. The eyes have it. The motion cares and the uh agenda is amended. Uh we are now on public comments. Madam clerk, please
read the rules into the record. >> Good evening. Okay. So, if um if you're here for public comments, please, as I always mention, just um approach the podium, state your name and address for the record, and
we'll give you three minutes um to speak. All comments and questions from the attending public should always be directed to the mayor in a courtous tone and no clapping, appla applauding, heckling, verbal outburst in support of
or in opposition to a speaker shall be permitted. For the public comments at home, we welcome you. We thank you for participating on online. If you wish to speak, you must raise your hand by clicking on the reactions icon and
selecting raise hand. NIT will allow you to participate and speak. And if you're participating online via phone as well, we welcome you and all we ask you to do is please raise your hand by pressing number99 and it will allow you to
participate. So again, public comment if you're here to participate, just approach the podium and welcome and thank you for being here with us. >> Welcome Bonnie Cron, 14770 Lewis Road. Um, good
evening, Mayor Diegas, council members, Mr. Peterman, and staff. As you can hear, I'm quite under the weather. It's not COVID and it's not flu. I don't have a fever, but it's a bad head cold. So, I'm going to try to be very brief. I
went through the agenda and I listed a few of my questions and concerns um so that you can think about them in the future. First, I want to thank you, Mayor Diegas, for your idea about possibly developing a tree nursery in
our town. I think that's an excellent idea and I hope it comes to fruition and I'd also like to thank Councilman Morera for his looking into the protocol about the grant writing because I think
many times we have gotten things that are not necessary or needed and it's been wasteful. And um it one that really concerns me is this one referring to the bicycle trail on Fairway Drive or Fair
View Drive. No, Fairway, excuse me. Um if that requires any kind of cutting of any of those canopies, that has to be abandoned. That should never be allowed to happen because that is one of our most beautiful streets, one of the best
canopies that we have. And uh if it incurs a fine for the town because we don't follow through, so be it. I'd rather pay the fine and save the trees. Um another thing about
um the the grants, I saw something mentioned about hiring someone to write a grant, and I I don't understand that because I thought we had a person on staff that was permanently there to do grants. So, I didn't understand that.
And I have another thing to ask in the future. I hope someone will please look into getting FPNL in partnership with the town somehow to get those wires on the east side of the
town under the ground. I mean, it's been promised for years and it never happens. It's very dangerous because if a storm does come and those lines come down, when people go outside after to try to clean up, they could get electrocuted.
And so, I'm hoping you will take care of looking into that. Um, also I noticed there was something listed that was going to cost $80,000 for a study of assessing our pavement, our sidewalks
and another $40,000 uh for seeing whether renewable energy would be feasible. Why does it cost so much money to do those kind of things? Don't we have people on staff that could go and do
these things as part of their job? I mean, it just seems like very expensive thing. Um, I also wondered what paver crosswalks were. I think I know, and if I'm right, that's a big waste of money
and totally not necessary. Um, I saw that our town manager is going to be uh negotiating a contract with a softball league. Uh, I assume for use of the Optimus Fields. Uh, I would hope
that that means that they will be paying the town something for the use. So, that was good. And my last comment is to the police. I guess I'm that 25 mph speed in certain places is really oppressive.
Even an old lady like me has a hard time just driving 25 miles an hour, especially especially on Miami Lakeway South. Thank you. >> Thank you, Bonnie. Next speaker. >> Good evening. Kimberly Trellis, 8140
Northwest 155th Street. So, I'm coming to you um not just as the owner of a local business called the Trellis Cottage um Miami Lakes's newest
gift shop. Um but I'm also here to announce the launch of the Miami Lakes Local Lotto. Um it's a one-of-a-kind community initiative designed to celebrate small businesses. uh dining locally and the spirit of giving this holiday season. Um this event is proudly
backed by the Graham Companies and it's showcasing the town's strong commitment to supporting local entrepreneurs and fostering community connections. So this year the local lotto cards are going to be free and can be picked up at any of the participating businesses
throughout Miami Lakes. We partnered with 24 amazing businesses. The partner, the program runs from November 7th to January 7th, and all completed cards will be due January 7th, no exceptions.
Anybody that completes plays along the with the program, they're eligible to win uh various prizes. So, it's all about everybody winning this holiday season. So think outside of the box, the Amazon box this season and shop small
and dine locally. For the participating businesses, visit mylocalauto.com. Thank you. >> Thank you very much. Next speaker, all you have to do is come up to the podium, give your name and address. Going once, going twice. All right, Madame Clerk, do
we have any online public comments? >> Yes, we do, mayor. And I'm going to call the participants as I see them in my screen. Mr. Abel Fernandez, I see your name. >> How are you? Um, Madame Clerk, let me see if I even figure out how to turn on
the video if uh if you don't mind a second. >> Yes. >> Start video. There you go. I think I should be good. Thank you. Uh, Madame Clerk, Mr. Mayor, Town Council, Town Attorney, Mr. Manager, I'm here to
speak tonight on several items and sorry I wasn't in there. I don't want to get everybody sick. Uh, first one I want to talk about is I did a public records requests in reference to um some special call meetings and I noticed that there were several requests for special call
meetings put in cancelled put in and canceled I believe three times but there were no other documents attached to it other than the the statement was to review the manager's contract. Now I I don't want to assume so but based on the past president of this council's I'll
assume the worst and if this is related to his continued employment or cutting his employment u I want to put something on the record for all of you to think of and that is that uh in my public records request it shows that the manager has had only one performance evaluation in
the six years of his employment. In order to judge an individual, uh performance evaluation comes into play. Uh needs improvement plans, uh sustaining their work efforts or coming up with new objectives for them to meet. I didn't find any of that. What I did
find was that his evaluations were either 8 N or 10 and the ones that were six from 2122 I think were addressed based on the headings that I seen, but nothing else on it. I'm hoping that if this comes up in the future that you do provide all of
us ample time since the manager still has time on his contract that we are able to read why this is coming up. Again, this is just the nefarious part of it. Maybe it's all good things and you're going to give him a huge bonus and I can speak in favor of that. Uh for
those of you that'll say that the manager is my friend, yes, he is. He's been a friend for 30 years and he's earned it as a fellow firefighter with incredible experience running a much larger organization which was the city of Miami Fire Department. Enough of that said, I also want to talk to you because
I noticed in the past that uh some speakers came up and I saw uh some of you uh agreeing and that was in regards to uh DEI. So, uh, in the meeting that I had seen recently, some folks came up
and said that they were glad that you had gotten rid of DEI from the town as I observed all of you, which I was hoping to do tonight. I noticed all of you nodding your head in agreement up and down and so forth. So, I wanted to touch base on each of these and let's talk first with the D for diversity. Uh,
right now we're celebrating Hispanic her Hispanic Heritage Month. It's been announced on social media. it's been put on other sites and we're celebrating this through the multi- uh ethnicities that we have in our town. So, I
appreciate you for celebrating diversity, the D and DEI. Let's talk about equity. We maintain Veterans Park, organize events um to um uh help the veterans to be
returning back here and feeling part of home. We also deal with uh the educational >> I just need to remind you that uh we need you to wrap up just because the time is expired. So please uh >> there's there's no way that Mr. Mayor I'm sorry but there's no way I spoke for 3 minutes. I'm looking at my timer on board.
>> We we were all watching the the counter that only began after your video camera went on. I I promise you that. >> Okay, Mr. Mayor. So I'll end it with 15 seconds. If we're going to live the words about getting rid of DEI, then let's drop everything. Let's drop the uh
the uh special needs committee. Let's drop the uh uh educational advisory board. Let's go ahead and drop then the cultural affairs committee because we either live the word of no DEI or we're living in hypocrisy. Uh I am for
>> I think that we need to get over the weaponization of that word and realize that it's been done for federal >> politics uh that have gone wrong for our community. Thank you, Mr. Fernandez. >> Mr. Well, thank you, Mr. Mayor, for your time and I and I hope that as I
mentioned before, you allow three minutes for each subject and not one subject. Thank you. >> Well, will we do it per speaker as we always have done? >> I understand. But I brought this up, Mr. Mayor, that uh I'm hoping that some of your councilmen and yourself will look at general questions and then questions
for items on the agenda. >> Thank you. >> I think it's only fair for that point. >> Thank you very much, Mr. Fernandez. Are there any other online speakers? >> Yes. Yes. I'm going to call on Jess, Miss Jessica Fuentes. We see your name as a participant. If you're in our
screen to participate in public comments, please u mute yourself. Miss Jessica Fuentes. Also, Miss Kristen Hayes.
Again, I'm just calling the names of the participants that I see in the screen. If you are here in the screen to participate, just unmute yourself. Miss Chris Kristen Hayes and as well we have
someone with no name. And that is it. And Mr. Oscar Martinez. I'm sorry I missed I didn't see that name. >> Oscar. Okay. >> Mr. Oscar Martinez, Kristen Hayes, Jessica Fuentes. If we see you as a
participant to participate in public comments, please now is the time to unmute yourself and welcome to the meeting. >> Going once, going twice. And with that, public comments is now closed. We are now on appointments. I have a list of
new appointments being made to the committees which I will read into the record. And if any of those appointees are in the audience, please feel free to stand and be recognized. First and foremost to the youth activities task force by Councilman Cuadra Garcia, we
have Align Sanchez. I wonder who that is. We have to the economic development committee by Councilman Garcia, Denise White. Uh to youth activities, we've got by Council Member Sanchez, we have Jaden San Pedro. And also to youth activities
by Councilman Sanchez, we have Alexa Pla. Uh are any of those uh members here in the audience? All right. Well, regardless if they're watching online, congratulations on your appointment. We look forward to the good work you will do on the committees. We are now on manager's reports. Mr.
Manager, you're recognized for 8A, the monthly police report. >> Major, good evening, Major Gonzalez, your town commander with the uh September police report. Uh, real quick, just going to run down a couple of the stats. Um, currently we're down 50% on robberies,
49% on autothefts. Commercial burglaries, we're down 75%. Residential burglaries, 80% reduction. So far, we've only had one residential burglary and one commercial burglary this year. And, uh, thefts, we've had a
63% reduction throughout the town. So, so it's a total of 57% reduction as to last year at this time. So, we're doing pretty good coming into the month of November. The officers have been doing outstanding the programs that we've implemented with the high visibility on midnights. We've caught some know the
last meeting. So, we caught a couple bad bad guys. Still working some follow-ups on that. Might be able to close a couple of additional cases. So, uh we continue with the traffic enforcement and um all these initiatives have been kind of paying off. So, thank you for your support. Obviously, we couldn't have
done it without you. Um, also wanted to throw a shout out to the uh, public safety committee for the great job they did on the cars for heroes. Carlos did a wonderful job with his uh, staff and they I mean they really shined for the town. It was a great turnout. I was there. Saw a lot of you there and uh, it
was real. I told him the next year it'll probably be twice as big. So kudos to them and uh, great job with that. Um, on a little bit of a a sad note, one of our officers, uh, just to share with you how her house burned down and it was a complete loss. Uh, luckil fortunately
for her and her son, they weren't injured. They weren't home at the time, but they did lose two pets and, uh, the house was a total loss. So, I just wanted to share you guys that with that. Um, we're helping obviously we have our police officer assistant trust fund and the department is assisting and we're obviously helping with whatever we can
for her. We're taking a donation on her behalf. Um, and last but not least, on a this is a little bitter sour note, uh I just wanted to give you guys an official announcement that
um next uh the next uh town meeting will probably be my last. Um we don't have a town meeting in December and I start burning my vacation for retirement in January. Um, I will still technically
see hold the seat of major until April 1st. Um, the lieutenant, um, you know, has my complete confidence in endorsement. He's been doing a good job by my side for the last two and a half years. We've been, I mean, we're we're on the same page. Everything's great. Um, and he's just going to be steering
the ship in the right direction. So, I have full confidence that'll take place during my my my bomb bayage. So um officially um no next November will be my last and then I just give you the update on everything on the stats year to date.
Hopefully everything continues and you know I guess I guess I have four to say November but till then you know um just wanted to make the official announcement and share it with you guys. You guys the first one to hear it. I know there's been a rumor turning around but this is it. So
>> well thank you very much Major Con Gonzalez for that report and thank you for your service to the town. uh the reforms that you've implemented since you've taken over I think have made the town safer. I know a lot of residents have told me that they see a much more visible police presence at night. Sure, there are some that want to see more,
but at least I've noticed a change and and I again I've gotten those calls and I think that's all because of your work and uh like you I have complete face faith in the lieutenant as a potential successor. I think he did a good job at the Charlie Kirk vigil last weekend uh you know managing the police officers
that were there. Um, but yeah, just want to say thank you very much for your friendship, for your service, and uh, it's, you know, again, we're not done yet, but uh, but again, I think the stats speak for themselves the great work that you and your department have been have been doing here in the town.
Um, anyone else want to opine, jump in, >> Councilman Fernandez, >> I'm sad I didn't know this was news to me. Sorry to see you go. I think detective is going to do a great job and I I think you know for the lieutenant lieutenant, excuse me.
>> Um yeah, like I said, um this uh I've had a long career. It's uh 36 years in law enforcement total. I've been doing this since I was 19. So it tells you how old I am. Not that old, but 55 I'll be 55 uh next month. But um I mean I'm I'm
honored and privileged to have been able to end my career here in the town because I've lived very nearby for like the last 29 years. So this is my you know the movie theater. My my kids played an Optimist uh you know I'm directly involved in the town. So the uh
the best thing that could have happened for me is to end my career here and I wouldn't have traded to another team. I I told the major when he was here um he could stay here as long as he wants. I'm not leaving unless they kick me out. But I was going to stay here whether I got promoted or I didn't because I really wanted to retire out of the town. That
was the special touch that this place is very special to me and I take it personal and that's why I take a lot of pride of work in working here >> through the chair. >> Oh, major Councilman Sanchez and then Councilman Garcia and then I don't know Councilman Hsburg and Vice Mayor do you want to go last?
>> Okay, excellent report. It's great to see that our crime rates keep going down year over year and you know hopefully it's a continuous trend. 36 years is nothing to to to you know to shrug your shoulders at. It's it's a long career. I'm assuming a very fruitful career with plenty of stories
are you able to tell for generations to come. You will be missed. That's and and even you know my I have very short tenure up here and and but it's it's it's been an honor to be able to work with you and and by your side. So thank you for everything and you know we look
forward to your to your last report next month. just to want to say. >> Yeah, there you go. Council Garcia, >> thank you so much. You're a true gentleman and uh you brought um this positive, proactive approach to policing, you know, your whole career
and um oh, you're going to be you're going to be missed and uh but I'm sure your family is very happy that you get to spend more time with them. And um I don't know what to say, brother. You deserve all the best and your family deserves the best and we're going to
miss you. Thank you. >> Um I'll I'll save the final words for your final meeting uh next month, but uh you've been doing a phenomenal job. Um and just keep it up. And I know I know Lieutenant will do a great job. I I have the full faith and confidence in him as
well. But I mean, even just this year and and one of the one of the first things that when I was knocking on doors, one of the first things that people say, I want to see more cops. And you did it. I see it myself. Residents see it. and uh that puts a lot of trust in the community. So uh you got two more months, so keep putting in the hard work
and doing a great job. >> Thank you. >> I respectfully reject your resignation. Uh no, like Councilman Herszburg said, I'm going to save most of my remarks for your last meeting, but uh this is welld deserved. You know, you've earned this.
Uh, and I think the statistics speak for themselves. Uh, as to your impact and, uh, to the lieutenant, I guess soon to be major. Um, make sure you use hair products cuz look what I did to him. >> Thank you. >> He's got that Latin George clean look.
You got the good hair. >> Stay up here, I guess, for the next one. All right, we're now on item 8B, the town banner on law enforcement vehicles. >> Yeah, I'll major uh mayor, I'll just introduce it real quick. The uh major and the lieutenant presented to us that
now with the new uh color scheme that the sheriff's office is presenting with their new with their vehicles that more of the vehicle is going to be green and less of it white. It was an opportunity to revisit the banner that goes on the bottom of the uh two doors to identifying them as Town of Miami Lakes
vehicles. We looked at some uh different color schemes. uh the major and lieutenant and uh Tony and I um uh presented these last two that are here and it's basically just to get a preference whether we wanted to continue with the blue banner or uh transition
use this opportunity to transition to a different color banner like the gold with the green lettering and it's just trying to get the preference of the council >> through the chair. >> Mr. Vice Mayor >> uh just wanted to point out uh we each
have on our here on the dis uh a printout of I guess it's a like a third option from what's on the agenda that's my handy work on paint on Microsoft Paint. Uh, but it's basically uh, you know, the the the current banner but
with the new color scheme because the problem was when I saw the new color scheme on page 13 of the agenda, I was a little concerned because that's literally town of Miami Lakes written out in aerial font and nothing else. Uh, and unfortunately I I've seen some
pictures online that Palmetto Bay literally did that. And so I took it seriously as though that's what's being proposed, not it's just a color scheme. But um just for the sake of visualization, I provided the one that's on the dis and it's literally the font
from the current version but with the colors changed so that the blue banner becomes gold. The fill of the letters becomes green and the small little subtle outline becomes blue. And I think that's going to make our cars look, you know, very professional and very sharp.
Anyone else? >> Councilman Garcia. >> Yeah, thank you. Uh I know you're an artist, man. That's awesome. It looks good. >> I'm a man of many talents. >> Man of many talents. Jack of all trades. Um well, again, I I think we should be proud of of our of your shops, right?
Each individual police officer and the town. Um I I am for anything that the the officers decide looks better for them. Uh all three all three look good to me. The blue kind of stands out because it doesn't go with the green. So, I think version three is a little
too uh it does it clashes a little bit, right? But the the vice mayor one looks good because you can see it from far, right? So, I mean, it's really up to I I would defer to your choice, but right now I'm going with the I like the vice mayor's choice right here, but uh whatever you decide.
>> Yeah, it was just a font change. Uh this going to be the same color. It was just a a little the letters just look a little thinner, >> but ultimately it was just more to present the color scheme. It was going to be the banner in gold instead of blue with the white letters. Now we would have it'll be like the same color
letters too as the sheriff in Miami Dade and kind of the same they have a a gold you know around their letters but we since we have a banner we'll have the banner in gold and then the the letters in the in the green and uh obviously the town seal will still go in the back on
the hatch and on the on the seatpillar and the the back corner of the cars. That that won't change. So, I mean, it's just something that we brought up for your consideration. Our officers, I think, uh, you know, some of the talk in the town is they they like that the new the new change to the color scheme,
moving away from the blue because of the new, you know, the car has a lot more green and gold in it. I think it it looks sharper. >> Point, do you need a motion and a vote on this or is this direction enough? >> Yeah, if you can if you can take a vote, that'd be ideal. >> All right. I'll move the vice mayor's
suggestion for the uh the banner. >> All right, it's been moved and seconded. Any more discussion on this? Seeing none, all those in favor say I. I. >> All oppose, no. The eyes have it. >> Congratulations, Mr. Vice Mayor, on you know, being now an artist among other. >> Thank you.
>> Uh and thank you, Major, for uh again for your service and for all your reports tonight. Mr. Manager, you're recognized now in item 8C, public works monthly infrastructure report. Omar Good evening, council. Omar Santos, public works director.
As I usually do, I'm going to highlight just a few items and then open up for questions and comments. First one is pretty sure most of you have seen it when you drive under the palmetto. We've officially begun the construction of the of the lane that you're looking at
because so we're we're in the rebar phase. So we're installing rebar, getting all that ready for a concrete pour. Uh hopefully soon. It's going through some testing right now. Second one on the 59th Avenue project. We've made some some good progress on the
demo. We already have the county permit and most of the utilities are cleared. We're just pending a disconnect from Florida Power and Light that we're currently discussing with them to to see if we can push that forward. And then the last thing in maintenance, if some
of you have driven on the west side of east side of town between 67 and 57, we did a full refresher of the pavement markings there. So now it's improved safety. It a lot it it was very faded, so at night it was difficult to
differentiate the lanes and the edge of the roadway. So now when you drive through there at night, if you want after this meeting, just check it out. Any questions? >> Uh I saw Councilman uh Sanchez jump at the chance. So we'll start with you and then I saw the vice mayor. Any other
hands? Council Hsburg, Councilman Garcia. >> None. No. All right. So Sanchez and then Mora. >> Thank you for the great work. I do have a question though about the asphalt repair on the west side of town on Miami Lakes Drive. Okay. >> Is that something that we did or something that was done by water and
sewer? >> That was done by us. So, what was going on there when you would approach those uh manholes and this is something that we flagged uh about a year or so ago, they were depressed on both the the approach and as you were leaving it.
What happens over time if that's not repaired? Um just the the constant impact to the rim, it could start losing it loosening the rim and then we can have a failure which it happened once already here. So we're when we see those items, we try to tackle them early
ahead. Okay. >> So we don't we don't run into a rim falling. >> I ask is there a projection to do at least in that piece where for lack of a term it kind of looks like a checkerboard on that side of town to to uh level it out. >> The vice mayor uh he asked that we
typically limit to the area that we have to repair it just to use the budgets. We have other needs throughout the town. We do have um a request that we have sent I think it's this year for appropriations to do the milling and resurfacing Olivia.
>> Yeah, that that that's a request that we've had to mill and resurface all of uh 154 >> completely from 89 to 57 >> in a perfect world but >> the first phase would be that side of town. Yeah. >> Yeah. >> So that's another reason why not going through connecting the patches.
>> Okay. >> And these will fade over time and match. >> Yeah. I'm good. >> Um, uh, since he hit on the point, I'll I'll start with that point. Uh, obviously I I did reach out and and thank you for for answering my question
on that. Um, I I do agree with Council Member uh Sanchez's point. Um, it does look pretty bad. Um, and I understand it could be six months to a year, maybe two years for the color to fade. Eventually,
it'll fade. We we run a tight ship here as far as our budget. So, I understand that. But all of that I understand. Also, the repair itself, I understand. I want that repaired. I don't want to create a dangerous uh circumstance. As you said,
it happened once. Um but when I hear that, it sounds like someone is responsible. Someone did something wrong. >> Um >> and I know you tried explaining it to me. that part kind of went over my head to engineering for me. Um, and but when
I hear that from my lawyer world, I hear someone did something wrong because we paid for uh, you know, re resurfacing and then now it looks like it needs to get resurfaced again. So, someone messed something up. It in my world, that's
what it means. Uh, and someone's got to pay for that. uh whether it be us the vendor who originally did the the repaving and didn't I guess properly account for settling or whatnot but can you explain that I guess in terms that someone who's not an engineer could understand?
>> Oh so I will try if if I confuse you just stop me at the moment and I and I'll go back. So dur during the construction phase there are checks. So when when it's compacted there's a check that's done as to meet certain parameters and that that time is
recorded uh as as passing for for being sufficient. It could happen that there may be something lower under the area that's being worked on that over time for whichever reason it could be could
be a void that's under there that wasn't detected um or the fines are being okay I might be getting a little bit too technical but >> who who who does the check >> h the way we do it we have the contractor has a inspection company that
will do do the check And then we have a CI which is the the the inspection company that we contract that that double uh verifies that that was done correctly. So they it it gets taken to a lab. So they'll do a sample of the material taken to a lab. Then they do
what is called a density. So they use a special equipment to to see the the compaction rate and it has to meet a certain percentage of what the ideal lab conditions uh provided. is usually a 98% compaction for a typical roadway.
>> So if it meets that check, is it not supposed to do exactly what it did? >> In an ideal world, yes, >> in theory. >> Yeah. >> Um the part that I find I guess a little shocking is, and you can correct me if I'm wrong, is it every single manhole on
154th from 82nd to 87th westbound? >> Because it feel it feels like it's every single >> the majority of them. But then after as we're getting to 87, then the ones that continue, those are fine. >> Again, I I I would encourage an internal
look into this because something messed up. You don't get an entire street worth of busted uh pavement along every almost every single manhole. Uh unless something went wrong, something was done incorrectly. And if
there is an ability to find something and hold someone accountable, then a we're doing our job and b we can try to get uh some form of compensation so that we can repave and resurface, make it look good again without affecting the
taxpayer. Um that's it on that point is I I think that that's really up to the manager whether he wants to give that directive. But the other thing I wanted to ask was onif uh 59th Avenue >> uh it states here that as best of survey
has been completed pending report completion. It's my understanding that report has come in and I just want to confirm there were >> since the when I produced this uh report all that has been completed and we already have the county permit >> and it came out no asbestos. >> No asbestos no lead. >> Perfect. Thank you.
>> Any other questions for uh Councilwoman Garcia? >> Thank you. Um FPL, you submitted disconnect request. It's in progress. How long does that usually take to get that uh that done? >> So, they told us a few months, but we were actually meeting with them the this
week. Okay. >> To to get that accelerated um there's equipment that they need to remove from the building. We're asking to do that at a later date and just provide us with the official disconnect so we can start demoing. And I assume we can't begin the de
demolition till that equipment is removed from the building, right? >> We can. So what what we've discussed with them is to allow us to because it's it's in an isolated part of the building. >> Okay. >> So the contractor is is uh willing to demo around it and leave it intact. But the main thing he needs is just the
disconnect from the street to make sure the the site is is not energized so it's safe for the for his workers. >> All right. So, what is I mean, I know you're going to ask them to expedite it, but what what is your goal to get that uh >> to get it all down? >> Yeah. All done >> this year. >> That's the goal >> this year. Yeah. Okay.
>> All right. Appreciate that. >> Uh, next question. Um, I've had some some residents in the Royal Oaks area say that we you've completed you've completed the uh the work when it comes to drainage, >> but the top layer of asphalt has not been completed. It's been some months.
Is there is is that going to be done this any >> is this in 169 area? Yeah, I believe. So, yeah. So from my my briefing this week with staff they they started milling. >> So that's the removal I think well he council member Hersburg lives there so I
think so they start they started milling and right after they mill they're going to come and put that final layer. >> Okay. Okay. Is there besides that 169 is there any other area that needs to be complete that's been the work's been done? >> We're doing something similar I think in West Wait, no it's the whole area. It's 169
>> 86 Court >> 86 Court 84th. Yeah. 167. So is that we call it the Royal Oaks A. So that's Royal Oaks A project. >> Is what was the reason why it took so long to get that asphalt done after completion of the
>> They have to do um flat work or gutter adjustments. um just drain adjustments, make sure everything is at the final elevation. So when we put when we put the final layer, the water flows as best as possible. It's not 100% because some of the areas
with the trees gets a bit complicated and we don't want to trigger we don't want to trigger having to residents to do their driveway approaches or driveways. So we we it's a delicate uh balance that we have to strike when it comes to that. But that's the main reason they're they're adjusting the the
the rim elevation of manholes to make sure when they put the final layer, it's not going to be sunken or sticking out. And the same thing for the drains. >> Was this project an outlier when it comes to the time it took to finish or is this typical with all >> it's typical. >> Okay. >> Yeah. >> All right. Thank you, sir.
>> Councilman Harsburg. >> Thank you, Vice Mayor. Um on on that project, which the milling truck was going up and down today uh by my street. >> Apologize for the noise. and I'm fine with it. Um, how my concern and I've spoken to two residents uh and one of them has a
construction background is those I don't know you call them I just call them the gutters. >> The valley gutters. >> The valley gutters. My concern is is and I I double checked the one in front of my house. There is no gutter. It's flat. >> And I've walked the neighborhood and there are multiple many that are just
flat. There's no curvature to that gutter. >> So it's not it's not a V. >> Not a V at all. >> Okay. So, I'll point those out to you. I'm happy to set up some time we can go by, whatever. But, um, I guess my question is one, make sure our team is
inspecting those to see make sure they have what they need to work. >> It's hard for me to tell you because I can tell you that on my street, I do see pooling of of water and we haven't had a lot of rain recently, but at the same time, we don't have a street, right? It's not paved. So, I can't tell you if
it's working or not because the street's not paved. I guess my concern is if once the street's paved and we realize there's elevation concerns, that's on the contractor. Is that correct? I mean, they have to there they have to pave this correctly and put these gutters in
correctly. >> So, what the project doesn't call for a full gutter reconstruction. So, we're only doing it in some areas where it's severe. what happens sometimes we'll correct one location and then the water goes to another location
and we find another one. So in those we've been taking a a case by case approach um just because if you if you were to do with the project it would be pretty much a full roadway reconstruction which is now what was scoped out with with the project and we also have to have a one a conversation
with the homeowner because it does impact their approaches and we need to know if they are ready to to either accept the transition or for them to do their their approach. In other cases, it may also trigger sidewalk elevation
adjustments because if we adjust the gut I know I'm getting I'm boring. Council me uh Vice Mayor, >> I I'm following you. You should I I left the water. >> If if we adjust the gutter to a certain elevation, we get proper roadway flow, but then the sidewalk may be lower and
then we're pushing water back. So, that's another conversation we >> No, I I have that. I there's a sidewalk in front of my house that mine's a great example of multiple issues, but I've seen it around >> and we've repaired that. We've repaired that throughout the years. It just it just takes more effort from both sides.
>> And when you say the approach, you mean the the residents that have decid that previously put their own tile on the approach, not just have the concrete because if if it's a concrete approach, so >> is that the resident's responsibility or or the town just >> is the resident's responsibility? >> Even if it's just the sidewalk concrete.
Yes. >> Okay. >> So that the the maintenance responsibility of that section between the sidewalk and the and the roadway would be on the on the homeowner. >> Okay. Got it. Okay. Understood. >> And if you want I can I can set up a meeting and we can discuss your case.
>> Yeah. I I I'll I'll find the specific points and what we should have a meeting sometime next week. >> Okay. Anything else? Um, I will just uh confirm for the Canal Bank phase one evaluation uh shows a final engineer report as pending. I think that's the
same thing it's said for a couple months, but from my briefing, it's my understanding next month, we're expecting uh to have the report and I believe the engineer here, right? >> Yes. Um either here or virtually. I have to confirm available. is here to answer
questions that I just want to confirm that cuz obviously I know some of our council members are very concerned about that project. >> Yeah. >> Um All right. Uh anything else? >> All right. Perfect. We can move on >> to item 8 D. 8 D building technology fee
comparative analysis report. Good evening, Vice Mayor, Town Council. Um, so what was discussed uh during the last budget season a couple times was the building technology fee and ultimately this town council requested that we conduct an analysis to see what other municipalities are doing. So our
research was primarily conducted for all jurisdictions within within Miami Date County, including Miami date county. Out of the 35 jurisdictions, uh there's 16 that currently impose a building technology fee. Uh we're not the highest. The two highest are, uh Medley
and Miami Gardens at 15%. Uh there's four other cities that charge what we currently charge at 10%. There's about six cities that charge between 6% and 8% and a couple handful of cities that charge a little about 2%. Also, with that, there's about three municipalities that charge instead of a percentage a
flat dollar rate. uh gets a little confusing when they start introducing the formula, but I did want to add that to the record. Um, also what we conducted uh what we provided as part of this report is what we've done over the last five years with this fund um and
what our current annual reoccurring expenses are. Our current annual reoccurring expenses just to maintain our current operation with no extra bells and whistles is about 825. Um, and over the last three years, uh, we've done a pretty good job in expending some of those, uh, funds. Uh, we got new
surface tablets for our field inspectors. Uh, we purchased a laser fish server to, uh, expand our records retention. Um, and also in light of SB 180, one of the requirements was there was um, making our building department
mobile in the event that we do get hit with some type of storm, and that's what we purchased with this year's funds. Um, with that, you have the rest of the report there in front of you. if you have any questions. >> Any questions? Councilman Garcia, >> thank you for this report. Appreciate it. And and I guess the the reason I
wanted to hear a little bit more about is is I understand there's cost and and you've made these investments, which is a good idea um to make these investments. However, because of the size of the fund, right, I want to see why we have so much. >> I could I could answer to that. Yes. So
I did a little bit uh further digging and about between 2016 and 2019 the town's building department got a huge windfall of permitting because of the LAR project. They were averaging about 2.5 to three million a year. So 10% of that they're getting quarter million of
dollars every four years and unfortunately the expenditures were not catching up with the revenue. So there's kind of like a little treasure chest there in the event that hopefully in the next couple years now there is some type of new technology that hits a home run and we'll be able we'll be in a better
position to purchase that. Right now I could tell you there's about three or four main players in Miami Date County that provides software that usually all the other municipalities uses. I hope my personal hope is that Miami date county offers an interlocal agreement because Miami date county software is actually
very functional. I don't know if some of y'all have ever used it. Very user friendly. But they have about 20 folks in their IT department alone that basically runs and operates that. But right now, I mean, I can tell you right now in the industry, it's almost like a wait andsee game. Obviously, we're on the precipice of AI technology and how
that's going to interplay with uh plan reviews and hopefully virtual inspections at some point. >> What what I'd like to see perhaps is um it was a windfall and I I understand that, but there's a million almost a million dollars in there, right? in
there. Um, and you you you're waiting for some technology to come along and and I'm I'm hoping that technology is not worth $1 million because then it wouldn't be it wouldn't be worth the money to in my in my estimation. So, I guess what I'm trying to find out with this report is is there
space because we have so much collected because of the windfall. Is there space to give a reduction to our you know any businesses and or any any any savings we can give you know businesses. So as part of I think as part of that last budget uh meeting as well too I think the town
it was the town mayor who requested town staff to review all of our fees including the building department fees. At that point we could take a look at to see if any of those fees can be reduced. I will tell you that the Florida statute governing these fees do provide
necessary guard rails where in the event that this technology fund exceeds more than the operating fund for over four years, then we are required to refund that money as some type of discount or whatever to our building permitities. Yeah. >> But as of right now, until we don't do a
full comprehensive review of our current fees comparable to the con construction industry and and what our other partners are doing, I can't give you that answer right now. >> Okay. Mayor, what I was asking is since we had a windfall with the technology fee, is there a possibility to lower that fee as much as possible? Um, since
we have such a windfall, and I know that you suggested or you you you asked for them to >> Well, we passed we passed it. Yes. >> Yeah. Exactly. So, um, I guess we'll wait for that, but I I still think there's an opportunity here for at least a couple years to lower that fee for our for businesses and save them some money
>> through the chair. >> Thank you, Mr. Vice Mayor. Um, I'm actually going to ask for the help of my colleagues who were there at the chamber when Mayor Cabba was president. She mentioned a specific item uh about the
building departments and something that the county was offering and I remember thinking to myself that's a great use of our technology. Would you remember what what it was that she was talking about? If not, I'll have to go and contact her staff and see what it was. Vaguely I remember that that they were they put
together a a a service through was it Strive 305 project was >> it was something to do to do to do with it might have yeah to help to help all the businesses I mean all the towns with this exact fee and they have so if you can reach out to them and get the specifics but it could be a way of of of
doing that >> and also was it um she had an apartment that did all permitting from county to municipal >> corre so some and then we could opt into that Correct. There's something for us to opt into part of that that program.
>> But essentially, I remember as soon as she said it, the first thing I thought was that's something that we could actually dig that technology fee into. >> So, one of the purchases that we did this year was in partnership with the county specifically with their reer department. And that's the little kiosk that you see right outside of the lobby
where eventually as our as as our folks come in and they have any questions with the county instead of getting on the phone or getting on an email, it's essentially going to be a virtual little space for them to speak directly with uh a county representative at the time. But that's something that we funded on our
end. >> Okay. >> But yeah, I would love to hear whatever it is. >> I'll I'll um talk to our county liaison and um and then come back next month. >> Yeah. through the mayor. You mind? >> Councilman Herszburg. >> Thank you. I guess I'll get my thoughts
on here so everyone knows where I'm at. Uh I agree it makes sense to wait to see the full evaluation. If there's opportunity to reduce it personally, I I would want to reduce it for residents, residential homeowners. I don't really first I don't think there's a huge need to reduce this fee for commercial
developments. I just don't. Um, at the same time, when we get that fee evaluation back, I won't be surprised that we have a little bit of pressure to increase some fees. To be honest, if we haven't changed our fees for so long, there's a chance that we're going to be
on the bottom end. So, I really want to see that. I I know staff is working hard. I'm very interested in seeing those results. For now, I think it's wait and see. But uh for me, I would like to give residents, homeowners a break on the fee if that's possible and
maybe keep the fee at 10% for commercial owner for for commercial developments. That's something I would be interested in >> through the mayor. I apologize for >> well just to give everyone an opportunity. Is there anyone else that has not spoken that would like a chance to ask questions or comment?
>> All right, Mr. Vice Mayor, go ahead. >> Thank you, Mr. Mayor, for a second uh bite at the apple. Unfortunately, in my first go around, I was focused on that thing and and I forgot to mention my position on the fee itself. Um, I I agree with what Councilman Herszburg said. I wouldn't oppose uh a nominal
reduction down to like a seven or a six. So, it's basically like a sales tax on the the permit. Um, but that being said, if if we're not using all of it, then it 100% makes sense to go down. Um, and you
know, I personally don't ever like seeing a bar chart with the town of Miami Lakes and showing us tied for second, highest. I I never like seeing that. So, you know, if there's an opportunity to bring it down, I'll support that. But again, as Councilman Hsburg said, I'll see the data first on
on what you guys come back with. >> Anyone else? All right. You are relieved. Um, I'll be right with you on that. Uh, yeah, I did actually. I'm sorry, uh, Mr. Manager. I went ahead and I fired our our director over here.
>> No, I'm kidding. But I'll be I'll be right out there to speak with you. And with that said, we are now on item nine, the attorney's report. Mr. Attorney, you're recognized to go ahead and present your report. >> Please take over while I go speak to Mr. Angel. >> Thank you, Mr. Mayor. Thank you, councel. Um really the only thing I'd
like to report at this time is we're going to have additional reports uh coming next month in November uh surrounding uh blasting and also surrounding uh we're working on getting that um line of credit uh squared up so that we can present with you uh the ordinance and the resolution uh come in
during the month of November. So just wanted to put that on on all of your radars. Uh and that's all >> any questions comments for the attorney's reports? See none. You don't need a motion adopting it, right? All right. Seeing none.
Mr. Sanchez. >> Thank you, Mr. Vice Mayor. Mr. Town Attorney, any update on the enforcement of our ordinances? >> So, thank you for that question, Councilman. Uh, we did reach out and we had spoken with Lures Arouse. uh she's we've gone back and forth on setting up a meeting between us, the legal council
for the sheriff's office so that we can square up. But the clerk is working on that and and thank you for your help with setting that up. >> Do you think we'll the meeting will happen before the next council meeting in November? Hopefully. Okay. Thank you. >> Thank you. Anyone else? Seeing none,
we'll move on to committee reports and we have the cultural affairs committee report. Chairwoman Salazar, you are recognized. He's out there. Okay. Now, okay. Good evening, everyone. Um, mayor is not here, vice mayor, council
members, staff. Um um I'm proud to present to you our report, semiannual report. Uh you have it in front of you. Basically um we have like three um open um seats.
Um unfortunately some of these members were not attending so they had to be removed uh as per the rules. Um following that we have the budget for the past um events that we had is um basically you know we we've been very
diligent and frugal about uh how we spend our money. Um then on our initiatives we have coming up we have our um Main Street um live concerts starting uh hopefully uh January of 26.
Um, in front of you, you have the updated U flyer. We'll be updating it with new pictures for for the kiosk on Main Street. And we have a good um selection uh different genres of music. As you can
see, we go from Latin, Brazilian country, uh, reggae, and then we have contemporary uh, rock. And then the last one is going to be a little bit wild is a Spanish gypsy and he plays uh all kinds of stuff. So uh looking forward to
seeing you on Main Street uh beginning in January, God willing, with good weather. Uh also the initiatives uh we have um more initiatives. We have Black History Month. We already have the schedule for February
21st. Our women of distinction for March 14th. uh pen a picture on May 9th and that covers I guess our our fiscal year. Uh future projects and considerations. We have um we've been in touch with the
the Frost Museum. Um they're very willing to work with us. I'm hoping to have them open like a little museum in our neighborhood and uh we'll be meeting with them soon um regarding uh possible collaborations. We also had um we've
been approached by the Alon Frances which is is is a well known I've known that association for many years. I really haven't met with the person but he reached out to to our committee to the town. They want to do something cultural with us. So we're going to be
speaking French I guess somehow. And um also oh the Miami Lakes Library wants to collaborate with us uh because they have a program called Friends of the Library. So whether you know an individual member
or maybe the whole committee can participate and doing events also with them. Uh and last but not least, um I presented this to the council back in 2020. All of you are practically new. Um it's a white paper that we put together
and due to the COVID pandemic. It was I guess and also um it's not financially feasible right now but I have ideas you know me and I one time said let's do this before I get too old and decrepit and we cannot enjoy it. Um but it's is
read it is very um we we're very proud of this white paper that we put together for the town. It was approved by the way back then. So uh just read it and then you see our ideas, our dreams, our vision for a cultural center. It doesn't have to be a brand new building is we
can you know refurbish an existing building and I already have my eye on on one of them. Um so basically and also um we've been working working with um parks and recreation um as you know I'm also part of the neighborhood improvement committee and
they approached uh both committees. So they want the culture affairs input in regards to art and public places. Uh we've been reviewing the location where they want to put artwork. Um we I know a lot of uh artists that are interested in
in you know being part of this. So uh look forward that and also in your package. This is something that I presented to Luis Coyaso uh few years back. U it's is an idea of if we do this I mean we'll be in the map. Everybody
will come to see our floating sculptures in our lakes and nobody has this kind of uh so many lakes as we do. So, uh this is these are where the the the best samples that I could find. They're beautiful samples of floating art and um
I think it's something that to think about. We can have, you know, competitions. I don't know, maybe you were too young back then, but when we had crystals that uh the floating islands on Miami Beach. So that was a spectacular and very I mean everybody
from all over the world came to to see them. So maybe we'll have more people you know coming to our town and enjoy the art. And also last but not least uh a quick update on our 25th anniversary celebration. Um we
included the golf carts. We are um we're waiting for the police to give us a a safe number of golf carts that they can um you know manage when we do the the the parade. We'll start here at Dh Hall. We'll have registration here. make sure
that everybody's uh uh all the safety issues are you know feature are are taken care of and then we'll depart from here to go all the way 154th to to the to the park and then the event will start from 8 to uh 4 to 8 and we have
tons of stuff I mean this is just figuring out the logistics so it's still in the works so we have about a month and a half to finish all this it's been an arduous effort and I'll be happy when he's over. >> Thank you. Any questions? >> Thank you, Chairwoman. Uh any comments,
questions for the chair? >> Yes. Uh we're going to start off with Councilman Sanchez. Uh uh JC, you want Okay. >> Felicia, thank you very much for the for the great report. We're hopefully going to fill up those three seats, you know, by my colleagues. >> No, no, please. Not yet.
>> And they have to be very creative people. >> Okay. >> Let me let me talk to them before you >> I understand. I actually know someone that's interested. It's been tough for the past few years. >> Yeah. I know someone that's interested in joining just she's a high school student at this moment and you know she she won't be able to
>> Yeah. I I um we have one person that's very helpful, Omar. >> Yeah. >> And he's he's been a great >> He's an Air Force veteran by the way. >> Omar, huh? >> He's an Air Force veteran. >> Yes. And he also he's also in the elderly affairs, but he's been he's been a good one that the last three has been very good. >> Happy to hear.
>> Um so, you know, we have to get people are committed. >> Yeah. and have some creative, you know, vision of what to do. >> Yes. >> Uh and be positive. Yes. >> The reason we're able to complete a lot of these things is being positive say we
can do it. I know we're short of money and and we uh our budget was reduced by $1,000. So, we'll figure something out. So, uh, and and we we wish that, you know, we could get more sponsors for for the >> But I do want to say though that I I
want to applaud the Hispanic Heritage um, event that was put together showcasing Peru. >> However, I do want to say that it was a bit worrisome the amount of people that were present. >> Yes. >> You know, I I I I attended with my wife
um and and you know, we we swung by because we had um bit of a family situation, but it was a little bit worrisome. And I'm wondering for the next one because I know in the past that we've done it here in town hall. This is the first year that was done at Robert Alonzo Community Center. What security
measures have have has the committee thought about to not allow it to get to the point where it was this year? >> Yes. That that's an issue that I um I witnessed it uh firsthand and it was like a wild crowd at the beginning. It was like they were impatient to get in
and and they were, you know, most of them were elderly people. I don't know if they were from out of Miami Lakes. It was a different crowd. So, um hopefully for the next one, we were hoping to start charging people to come in so to control who would come in because they were they were hoarding the food, right?
>> I you know, it was uh you know, it was kind of a sad that had happened, >> right? >> But um we'll work something out. Uh normally when we have the event uh advertising event brightite uh half the people show up but a lot of walkups uh
we we may have to limit the number because uh this is between you and I uh the capacity knowing how things work the the room capacity was 148 and you know it was a little bit over that. So, uh,
hopefully, you know, we'll next time I I think that's it's a good place because it's it's it's big, has good parking. >> Yes. >> Uh, would have loved doing it here, but we outgrew the place. >> So, uh, yeah, we we're that's one of the deficiencies that we had, but other than
that, it was the the the I would say that Justin and and, uh, Geraldine and and Suzanne did a great job. >> I know, Mario. We even had the deputy uh council from the uh from the >> the the council.
>> The council. Yes. He was there. He he loved it. Yep. >> It was very is very very uh very good event. >> So we're we're getting better. >> Okay. >> Thank you. >> Our events are being >> attended. A lot of people are attending more and more. So the word is getting out.
>> The same with Main Street Live. I mean the last one was very nice. So that's something that you know we keep starting for quality okay >> entertainment and family oriented events for everybody. >> Thank you Felicia. >> Thank you. >> Next we have Councilman Fernandez. Thank
you Felicia. Thank you for your service to the town. I just I want for the record I think that the this 25th year anniversary is going to be such a neat event. I can't wait. I think you you've put in a lot of work and I see that and you know including our our phone
conversation that we had this this afternoon I could see the amount of work that it it entails but I'm really looking forward to it. So thank you. >> Thank you. >> Thank you for your support by the way. >> Uh next up we have Councilman uh was it Hersburg or Herszburg and then Councilman Garcia.
>> Thank you mayor. Um two things. So uh one actually I like that that art on the lake idea. I just don't know the cost right. But if you can find ways that it's we'll >> figure out a way if there's find ways for no cost. >> I really like the idea especially I mean we don't own a lot of the lakes but the lakes that we do own I can think of a
few nice spots for that and I agree with you would bring >> even even Jeremy liked it. >> Yeah I mean I speak with the parks department >> you know like I said it was maybe two three years ago but you know me I'm persistent. I said we got to do this we got >> Yeah. I mean yeah if there's no cost you have my support for that.
>> No it's we'll we'll figure a way. >> Okay. I listen, if there's somebody to figure it out, I know it's you and um I share the sentiments of Councilman Sanders. I know at your meeting, you discussed that it was a great event, but and it's your first time doing it that large. So, I know you you'll get it right the next time. I mean, you did get
it right, just the crowd issue and food issue, but you it was a great event. You guys did a good job. Thank you. >> So, uh I just want to clear one thing though with with the manager. I don't think there's anything in this report we need to make a motion on or approve, right? Okay, that's all. Thank you. Thank you, >> Councilman Garcia.
>> Thank you, Mayor. Uh, Felicia, you know, my mom's a big fan of of summer concert. >> Yes. >> And, uh, everything you do. So, um, I just want to say thank you again. I mean, I know it's very difficult. It's very frustrating and, you know, hurting cats sometimes to get things done, but
you you've always >> done an amazing job. I just want to thank you again. Great ideas. I agree with Councilman Herzburg. this u lake we we're known for our lakes so art in the lakes it sounds like an amazing idea >> how many lakes like >> Yeah exactly so >> if we can get it to
>> we get the HOA to sponsor one in each lake that would be phenomenal >> yeah thank you so much >> okay thank you >> Mr. Vice Mayor >> thank you Mr. Mayor, um just a quick question on on your report. I noted something. Is
Miss Barbara Torres still on the committee or has been >> You have uh you have the old um uh attendance um chart. Uh I updated it. I'll I'll forward uh that information, but she's gone. Yeah, we have she she missed like three in a row. She's been
traveling and and uh it's unfortunate because she she's a very creative person, but you know, like I always say, the first part of committee is commit. If you cannot commit, you know, we cannot have >> those are the rules. And I just wanted to verify because it still showed her on the >> Yeah. No, you have the the old one. This
happened after the report was submitted. So, >> thank you very much, Madam Chair, for your report and your time and >> look forward to seeing you all in our events. Absolutely. that gives us, you know, make us uh happier that you being there is like been saying that you're supporting us. So,
>> absolutely. >> So, thank you so much. Okay. >> Have a great evening and uh there being no special presentations, we are now on the first of multiple pulled items from the consent calendar. Let's begin with 12B, which is the recommendation to award the contract for athletic program
services for adults ITN 2025 2023. That was pulled by Vice Mayor Moretta. was pulled by Alex. >> Oh, my my my that's right. You began at C. Okay. Yeah. So, uh we will begin actually with Councilman Sanchez uh for a motion.
>> Okay. Well, motion is to is to discuss this item. Um, and the I I brought up this item during our briefing with with with the manager uh with regards to only one I one uh entity applying and there were multiple that were you know that
were contacted letting them know that this was out there u but only one applied. So I you know just to take it off anybody's mind if they wonder if it was only one because no one else knew about it. It was not uh there were seven seven or eight total. Correct Jeremy?
seven of them. Um, but and to reflect on what Bonnie asked earlier, Mr. Manager, does the does does the organization pay anything to the town to participate in the program or the only funds that are involved in this are the ones that are paid by the players to participate in the softball league?
>> We're going to, this is an invitation to negotiate. So, now we'll sit down with the uh with the Miami softball league and we'll negotiate all the specific terms and so forth. But will that be a term that will be brought up within the contract to pay a portion of what they collect from the players to be paid? >> We'll have that conversation with them.
Yeah. >> Okay. But it can be. >> Yes. >> Okay. >> Mr. Vice Mayor, >> just on this item, um, actually, I'll ask to put us in the proper posture. Would you like to make a motion or do you want me to do it? I'll make a motion to ne to make part of the negotiation a
partial fee to be paid to the >> I would say to uh approve the item but with the addition that you want to include that term as part of the negotiation. >> So my motion would be to approve the item as long as there is terminology in the contract where a percentage of the money is collected from the players comes back to the town.
>> Well uh well okay I'll second it for discussion and I see the parks director here Mr. Badden. All right, back down. Got back down. >> I will get it. I promise. There we go. So, I will recognize him to go ahead and respond and provide more context on the
councilman's concerns. >> Perfect. Thank you, Mr. Mayor. Uh council Jeremy Bagdown, director of parks and recreation. Um to that point, uh most of our negotiations when we're working with for-profit, nonprofit, that's kind of where we look at the terms when it comes to the the pay uh model. In most cases, they have
maintained their 501c3. We would look at at an 8020 split of total revenue. So they would pay monthly 20% of their ren of their re revenue generated. If it were a for-profit entity, it would be a 7030 split. >> And because I see that what they pay is if you're a resident of the town is $55
per player. If you're a non-resident, it's $65 or $75. Correct. And if you bring the entire team is $750 for 13 players, >> which equals out to 13* 55. >> That's their registration fee. So that's completely on them at the end of the day. Whatever their total participation
is, their total revenue gain, we would do a split of that. >> So it wouldn't be 20% of I'm 20% of the 55. >> It would equate it would 20% of the total participants who paid 55. If they were residents, they pay 65 for non-residents, >> right? Yeah. >> Okay.
>> All right. Is there any further discussion? Seeing none, all those in favor say I. I. >> Oppose. No. >> The eyes have it. The motion carries. Item 12B is approved. Um, and before we move on to item 12 C, and I recognize the vice mayor since he was the one that pulled that item, I want to take a
moment to recognize Commissioner Ian Vayio from the great city of Sweetwater who's in the audience tonight. So, welcome Commissioner. Thank you for being here. Uh, with that, we are now on item 12C, which was pulled from consent, which is the recommendation to award a contract for grant writing and support
services RFP 2025-16. With that, Mr. Vice Mayor, you pulled it. You say you're recognized. >> Yes. So obviously those who read through the agenda would have seen my NBI on how we go about obtaining our grants. Um
needless to say I'm encouraging a lot of caution with our practice, our current practice of obtaining grants. Uh and I anticipate the proc the amount of grants that we apply for slowing down in the future. Uh at least that's from my side. Um, not
everyone has to agree with that, but um, just on a strictly objective basis on this item, uh, I wanted to pull it to clarify whether this is, hey, because I understand this comes from our $48,000 line item for grant support. Um, is this
simply us paying 48,000 for this item or or is this a pay as you go? Meaning the less grants we appear authorize uh the town to apply for, the less we're spending of that 48,000. >> Yes, it's pay as you go. It's and with
the grant uh seasons or cycles, they they'll be cyclical. So there'll be times where uh Olivia the volume she'll be able to handle most of it but then there are times that there's a whole bunch of grants due at the same time and then she'll access them but they only get paid with the work that we provide
them. It's not a it's not a retainer type uh arrangement. >> Okay. And then the >> sorry that it is a flat monthly fee that we've it's how we've historically done it with our grants consultant. It's been a flat monthly fee for however many
grants they submit that month. We always or almost always do one a month. We often have multiple per month deadlines. So, at the end of the day, it is we do it a flat monthly fee, but that does mean that some months we're really heavy on grants and other months there might
be a month we skip, but we're working on other applications that are due the following month. Sorry. >> So, that's not what I was told. >> Yeah. So, how we doing this with the two? explain the >> Yes. So that was we had budgeted based
on our previous um grant consultant which was a flat monthly fee of $4,000 per month. At this time we would if the consultant that we've recommended based on the evaluation committee is $4,125 a month. So at this time we wouldn't um
exe for this year. We wouldn't execute the contract until then. So it wouldn't be a an increase for this year as they're they're starting late. Um but then moving forward that would be an increase of a little over a thousand dollars a year potentially. >> Okay. So here's my position on this. Um
let me put us in proper posture. I move to adopt uh item 12 C. >> Okay. So you move to approve item 12 C. >> I move to approve it. And if someone please second it. >> Okay. It's been seconded by Councilman Sanchez for the record.
Um, so based on everything I've been saying throughout budget season, uh, and up to now, um, I will tell you this, what I'm not going to do is make our town government less efficient. And so if you need that support, I'm I'm willing to
support the item, but I I would like to express that you should expect a slowdown. Um, and so I I'm not going to be okay with approving this next year because right now we have a lot of carry carryover from all the grants that have been approved and and you're going to
come up against those deadlines whether whe whether we slow down or not. Uh, so I'm I'm going to be willing to approve this item, but it's very reluctantly uh and so uh you know I I again we'll get into that during my NBI, but but we need to slow down on some of our grants and
really give some proper thought to them. That's it. >> There mayor, >> m Councilman Garcia, >> it was me. No problem. >> My apologies. Councilman Hersburg. >> Um, I agree with you, Vice Mayor, and and just taking a look at the contract first. The contract does say a flat fee,
which I I thought it wasn't. I thought it was more per hour, but then there's additional services that are charged per hour. At the same time, there is a 30-day termination agreement. So I I I share the same sentiments and I do believe we'll be slowing down the grants if at any time we should follow up if if
we're not using this six months from now and we should not pay the fee, right? I mean, so are we paying the fee on whether or not we're using the service based off what you the understanding is >> currently? Yes. If we if we do move forward with a flat monthly rate, which is again what we have done historically,
we included an option for hourly. Um, and that was usually meant to be for additional services if there was ever a situation where they needed the consultant to take on additional work. Um, so that's why we had it as an option to know have their monthly fee or I mean sorry, their hourly fee be included. But
generally, yes, it's been a flat monthly retainer regardless of whether or not they've applied for grants. But it historically they always have. >> But generally there whether it's it's the grant writing, the report, the the everything you have to do after the grants, applying, whatever, generally they have
work to do every month, right? >> Yes. >> So that's that's it. So, I mean, I agree. I'll I'm okay with approving the item, but if we do see that slowdown, we can always not approve it next year or just cut it off in the middle of the year through the chair. >> Councilman Garcia.
>> Yeah, you know, this was one of the items that I um I fought for because we I think we needed help with grants, you know, to help our our town. However, um I think a fee for service structure in the future would be a better way um because we are going to be more uh
cautious on the fe on on the grants that we we approve. Just because there's a grant available doesn't mean we shouldn't do it and a lot of a lot of the grant scope is just like the sidewalks. They wanted a 10-ft sidewalk and when it wasn't comparable we you know different things. So I I do
feel that these grants are going to be more tailored to our specific needs and they're going to lower. So a fee for service structure instead of a flat rate monthly I think is something that we need to look at as a council uh and not just pay a flat fee especially because there's going to be months it's really going to slow down. So is that something
they'd be willing to work with or typically >> that would have to be a question for they're negotiating the contract and move forward but as far as I understand they did provide an hourly rate that they do work on that basis with other >> um municipalities. >> Yeah because I agree with my colleagues we're going to be very discerning on
what grants we we approve going forward. Thank you. >> Any other comments on this item? >> All right, Vice Mayor, you're recognized. >> I'd actually like to make an amendment to my motion based on the information granted here. Um, I would like to amend the motion to still adopt the item.
However, instructing that it will not be a three-year period with a two-year with two one-year options. Rather, it will be one year with four one-year renewal options. uh or uh as close to that as possible because
I don't want us renew you know being forced to have this for three years. >> So just to be clear then your motion is uh to in essence send staff back to negotiate for those terms. >> Yes. >> Okay. Is there a second? >> I'll second for discussion. >> All right. It's been seconded by
Councilman Sanchez who is now recognized uh in discussion. If we if it's changed from three plus two to 1 plus 4, will it have an effect on the flat rate? Do you believe? >> Um, as far as I understand, no. That's again the monthly retainer rate. But
again, that would have to be something they discussed in >> Yeah, we'd have to look at the way it was bid out. >> If the if the the way it was uh advertised, if it was for a threeyear with two-year one-year options, we'd have to look and see if that may affect future rates, year two, three, four. Uh
but going back, we do always have the uh the uh fallback uh that uh the council member Hersburg says that we can we can terminate the contract at any time and go back out to bid whenever we want >> within 30 days. >> Yeah. >> Yeah. It's section um 8A uh right to
terminate for any or no reason upon 30 days notice. >> Right. So if we if if the volume of uh >> if the volume doesn't sustain what the flat rate is, then we can always just terminate and go back out. Sorry, just as a contract lawyer, that hurts my
brain. Okay. Uh it is what it is. I I would still just go back and renegotiate it so that uh we can always go back, but it's not not a big deal. Uh, and also you can show them this video where I say that if they do increase their monthly uh, price, I'll
just vote no. >> Okay. Uh, any any discussion on the amendment? On the amendment. >> Okay. Seeing none, all those in favor of the amendment say I. I. I. >> All. >> The eyes have it. The a the amendment carries and we're back on. So, it is
going to be as amended. >> 1 plus 4 plus one term. >> Yes. That is what we want uh you guys to go ahead and go back uh to them with. Um with that, if there's no further discussion on the main motion, um let's go ahead and vote. All those in favor
say I. >> I. I. >> All right. All oppose? No. The eyes have it. The amendment as amend rather the motion as amended carries. And so we are uh we're now in 12D. 12D is authorizing the approval of a
contingent fee retainer agreement with uh Ev Heavia Hedgehman LLP DBA Heavier Hedgehman Baldwin trial lawyers. Um and with that um that was you also that pulled it right. Okay. And so I recognize the vice mayor to go ahead and
make a motion and discuss this item. >> Thank you. I I pulled this item primarily uh out of an abundance of caution. Uh I do not have a conflict of interest uh or any sort of financial interest in this. Uh but to avoid the appearance of impropriy, I did want to
disclose I was formerly employed by Thruio Vargas Ortiz uh Gonzalez. Um which was at that time one of the partners was Mr. Heavia. >> Um and and I just wanted to you know put that out there. I do go on on at least
one fishing trip a year with Mr. Heavia. um which I pay for out of my own pocket. Uh so yeah, there's there's no real conflict of interest, but just to avoid any appearance of impropriy, I wanted to disclose that. And I did want to give the town attorney an opportunity to just
clarify that this is not us going into a litigation. >> That is correct. >> That is that is very important. Okay. I did not have the benefit of my briefing with you. So can um can you >> very very briefly um way back when uh we had a settlement uh
that the uh Trujillo law firm assisted us in in obtaining this was this was with regards to the insurance settlement uh and with regards to one of the original Pizzy matters that was the civil not the criminal. >> Yeah. Yeah, they're in >> correct. And so part of what the
insurance settlement was was that they would give us a certain percentage of any fees that the town would incur. Uh there are still a couple of fees that are outstanding and based on the fees that they're able to uh continue recovering. There is a split that goes into uh paying for the firm and a split
that comes into the town. Uh since this is a new firm uh it's and in all transparency uh we're bringing this matter to you so that we can just approve this. and finalize those final payments. >> Okay. Excellent. Is there any discussion on this?
>> Was the motion made? >> No. >> It was that that was on you, but no, there was no motion. >> I'll go ahead and move the item as is. >> All right. I'll second it. Any discussion? Seeing none. All those in favor say I. I. >> I. >> All oppose? No. >> The eyes have it. Item 12D passes. We are now on item 12E. Uh, also pulled by
the the actually no. Was this also serious? Okay. And then the rest were Councilman Sanchez. All right. So item 12E was the approval of change order number two for professional engineering service to Marlin Engineering, Inc. for Fairway Drive, bike lanes, and crosswalk improvements. Mr. Vice Mayor, go ahead.
You're recognized for a motion. >> Thank you, Mayor. Um, I'm not I I can't in good faith make a motion on this, but I did want to pull it from our consent um to state number one, there's a lot of red highlighting on my page, which when
I do red highlighting, it means it's things I don't like. Um, I want to point out that this that the memorandum uh on page 266 of the agenda. It states that a key feature of the town of Miami Lakes is its paved bike trails. The preservation and expansion of these
trails are essential components of the town strategic plan. So maybe the town strategic plan states that, but we need to be very careful with how we go about that expansion part of of of that equation. Um, it's my understanding from my briefing uh that when this project
was first uh uh uh visualized, it was going to be bike lanes that went along the roadway and it would have involved an expansion of the asphalt street cutting into the the swale. And then at that point, they realized there's no way
to do this without cutting down a tree. Uh, and so it's now an off-road project uh that's going to expand the sidewalk. What we're asking for here is a where is it? A tree inventory and a tree disposition plan. Now, when I read the
word disposition, I I freak out a little bit because we all know that that's a big no no in our town, disposing of a tree. Um, it I'm going to support this item. I'm going to I'm going to I apologize. I I am going to move the item. Um, but let me do that. Actually,
I'm going to go ahead and move the item as is. >> Second. >> Thank you. >> It's been moved and seconded by Councilman Herszburg. But I want to say if this report comes back and says that a single tree is being uh cut down or or needs to be moved or jeopardized in any
sort of way uh or even that that the the presence of the tree may in the future damage the work that we're doing now. Uh I am going to vote uh you know I am going to be bringing then subsequently an item to cancel this project uh at
whatever penalty it is and that's that's my comment on this. >> Any other any other discussion? Councilman Hzburg and then was there anybody else that's going to line up going? Councilman Garcia. >> Uh I agree with you Vice Mayor. Is there a way that we can make that part of our motion and to make sure that the manager
comes back to us if there is a recommendation to touch a single tree? because that that was the question I had in my agenda. I was like, "We're not touching a tree, right?" And the answer was, "They don't believe so." But you're right. This is this person the the person we're hiring is going to make that determination. So, I don't want to touch a single tree
>> before we finalize the design and we complete the tree inventory and tree disposition plans. We'll report back to the council. >> Is that Omar? Is that doable? So what what you just mentioned vice mayor is something that we as a staff have
communicated to our consultant non-stop which is one of the reasons that we had to move off road. One of the design approaches that's being taken with the the help of FDOT is the construction of the path where we have the root ball or
close to the tree that's being changed to just instead of digging in the area and impacting the the tree roots. We're actually elevating it, leaving the roots where they're at and putting a system that has been used in other projects to
allow the the roots to essentially stay in that area with minimal impact to the path. In addition, if we get into an area that we're getting close to the tree, the direction that we have discussed is to apply for a variance to
reduce the path. As a council member mentioned, uh most of these grants when we're doing shared use path, they require a 10- foot. Uh if we go lower than that, we have to request a variance through the engineer of record. And that's something that we have discussed with FDOT that we would like to do to
prevent any any negative impact to the to the trees >> through the chair. >> Council Garcia. >> Yeah. I just wanted to 60th Avenue was the same thing. Uh we we we made sure we we directed the staff to make sure not
one tree was so I know you guys did a good job of you know >> there were two at the time and that's when this all started which is safe for us to school >> in the Miami lakeway and the >> That's right. That's right. So we were able to reduce the size of the sidewalk. We were able to work around the trees, move them around. I think that's a
no-brainer, right? We don't want to knock down a a wonderful shade tree that's 50 60 years old for for a path. That's not going to happen, right? but you guys have in the past worked around that and make sure that our our um that you work with it. So, I'm I'm confident you'll do the same thing here. So, however, I just want to make sure
nothing gets done if one tree is going to get hurt because that's that's going to >> and we'll communicate that through the manager and the items that that you see here. We're just required >> since we're working within a certain proximity to trees >> to to have this to include in the plans. >> Thank you.
>> Yes. Any other discussion? Seeing none, all those in favor say I. I. All oppose, no. The eyes have it. The motion carries. And item 12E, right, uh, is passed. And now we are on, um, yes, we are now on
the remainder of the alphabet here, uh, item 12F, which was pulled by Councilman Sanchez, the tree maintenance program. Councilman, you are recognized for a motion. >> Yes. I'm going to move to approve this item. I just want to give kudos um for the follow through on this item. I know
this was one of my my new business items a few months ago, but I do have a question. Mr. Bdon, if you can come to the microphone for a second. I I see the application and I see the pricing um on based on the tree size uh for for you know for for the trimming. What I don't
see is is a price for the application like for someone to come out and see like what the resident has to pay in order to review the tree and see if it's eligible for that trimming. >> So essentially what would take place here is there's an application fee. We there it's listed there at $25. That
application fee then starts the process to us make sure it's a a swale tree that's operable. But where is it listed? >> In the in the criteria page >> as I all I have in front of me is the application is a onepage application titled enhanced tree trimming
maintenance program application. >> Uh I see it's it should be on the tree trimming resi program. This the I don't have the attachment number but on the criteria page it should be listed there. It is not. So that is correct. I would have to add it onto this one pager that we would use. >> You're looking at this one. >> It should be on this one. And then how
would residents know that this program is existing? Would it be added to the app? Is it on the website? >> So, it would be added on the arbor side of the parks department. Uh we'll go ahead and also do a campaign with our communications department to put out some notices on social medias, make sure it's on the page. If we can put on the banner, we can put that out there. Um,
as well as once it starts going, the idea is we can get these residents maybe to sign up and have it done right before uh, hurricane season, which is probably most of the time when residents would want to pay for an additional service. So, we would try to also leverage our Everbridge
system to go ahead and make that notice out that, hey, there is an application now for trimming out of cycle. Um, this is the application and this is the criteria if you were interested. Okay. Then I would move to to approve this, but also placing the $25 application fee on the application. >> I'll amend that. >> Second.
>> It's been moved and seconded. Any discussion? >> Yes. Um >> Okay. Councilman Garcia and then Councilman Hersburg. >> Councilman, this is a great idea because you're giving options to the residents that have been asking for this for a long time. I just want to make clear to the residents, we're not, you know, we're not approving uh for you to go
ahead and on your own, you know, cut your tree down and get No, you have to go through a process with an approved with our approved vendor and it has to be approved by the town. So, I I what I would make that clear if you can in in the communications with with with um the
residents and the way we communicate with the residents, make that clear. We're not giving them the okay to do it on their own. We're just giving the option to pay for it to get it done faster, but it has to go through us and get approved through us because the last thing I would want is the wrong message to get out there and then all of a
sudden we see trees getting cut down. So if there is there any way we can make that happen and make sure that get that gets that point across, I think this is a good idea to give options to our residents. Thank you. >> Yeah. And and along those notes, um the other side of it is we won't actually take in the payment until we verify that the tree is applicable. So while they
apply for it, we won't go ahead and process payment until we review the tree is a swale tree, the tree is in need of trimming or if they're not on that year cycle. So if they're not on that cycle, we will do them the favor letting them know you have your cycle is expected to be completed x month >> 100%. What I'm what I'm what I'm
referring to is inevitably there's going to be somebody >> you can get it trimmed no matter what >> you pay for well I heard and they they pay for it. They're still going to be subject to heavy heavy fines. And what are those fines again if they cut down on >> Yeah. So hatrackcking can start at 500 and it can go a little bit beyond that as well.
>> Okay. Thank you. >> Any Well, it's just the four of us. Okay. Councilman Herszburg for Yeah. >> Um so I'm I'm a little confused though because someone applies who's going out to check the check the tree. >> So it would be our arbor coordinator, >> right?
>> So he'll take in the application, review the house, make sure the tree in question is the swale tree one. Sometimes they're going to ask us to trim private trees, which we don't. >> Um they'll confirm that. confirm the cycle to if it is due that year or not. At that point, once it meets the criteria there, he'll go out for an inspection. Check the tree, make sure
that the tree isn't already within ANIE standards at that point. >> But who's going for the inspection? >> Our arbor coordinator. >> So, it's our in-house person doing Correct. So there's no cost necess there's no I mean there is a staff yes >> but there's no outside cost there's no
non-staff cost in doing the inspection right because you just said we don't charge unless we approve it >> correct >> okay I just want to make sure that we're not going to char you know charge for if we have to get the arborist out there there has to be a charge cost >> correct and and that that would that
should be absorbed but at the end of the day it's trimming arbor coordinator is is has certifications injury trimming as far his visual inspections and so forth so that he can manage. >> Got it. So, it's not going to be a situation where we have to have one of our contractors go out there and
determine if the tree should be trimmed or not. It's going to be in-house staff that decides and then once the staff says yes, they get charged. If they say no, then there's no charge. >> Correct. >> Got it. >> We'll return the check and cancel or void if they were. >> As long as there's no cost for doing nothing for doing the first part and not
collecting the money, I'm okay. I just don't want this to be cost negative. I love the idea. I think it's a good idea. Uh I just want to make sure that the that that there's no lost cost in any in any one application. That's all. >> Yeah, understood. >> Seeing no further discussion, all all in
favor say I. >> I. I. >> All oppose. No. The eyes have it. Item 12 uh F is passed and we are now in item 12G. Approving an agreement for water and sanitary sewer facilities between Miami Day County and the town of Miami
Lakes. Uh, Councilman Sanchez, you pulled this. Therefore, you are recognized for a motion. >> Yes. I'm going to move to approve this. I just wanted to put out there that this was already within the scope of the project and has already been budgeted. I wanted on the record that we're not adding any new costs associated with the
moving of these lines. >> So, this the original scope, yes, that was part of the project. Well, we're with this agreement. We're just getting into agreement that the county will allow the town's contractor when it when the time comes to re relocate those
lines. We are currently we just met with water and sewer last week to narrow down the scope and the the path that they're going to permit us like how we're going to bend it. >> So, at the end the there's an estimate for construction, but like the manager mentioned, until we get those bids, we
won't have that final number. >> Okay. But just to make I just want on the record it's already within the scope of the budget to do the movement of the >> Yeah, we we have to about this we can't build the bridge. >> Primarily this agreement is just water and sewer giving us permission >> to uh to modify their lines
>> to touch their equipment covering all the bases just in case we get feedback later. You're adding more more funds to this project when it's already a project that's >> Yeah, it's it's it's part of the scope. It has already part of it. >> Yeah. So to to approve that's all right. It's been moved and seconded. Any
discussion? All right, seeing none. All those in favor say I. I. >> All oppose, no. The eyes have it. And item 12G is approved. And so we are on the last item pulled from consent, item 12H, amending the neighborhood improvement committee resolution number
12- 1041. Councilman Sanchez, once again recognized for a motion. >> Thank you, Mr. Mayor. Um this item came up uh during the neighborhood improvement report that they gave us and bianually every six months to meet with
the HOAs I think is a bit too too many too little times and I remember even discussing that we would help the neighborhood improvement committee get in touch with the HOAs. Originally it was four now it's it's the was being proposed is two. I'd like to meet someone in the middle in three. Uh if I
if I if you may hold on a >> so my motion is to is to move it from bay >> to approve but having to three instead of three with that amendment. I'll second for discussion. >> Okay. It's been seconded for discussion and we will go to councilman Harrisburg to kick off that discussion. >> Thank you mayor. And I remember I was I
one of my MBIs was about getting nature in and nothing's really happened. My my my concern is I mean h if if the manager can tell me when's the last time the neighborhood improvement committee even even met. I mean I I think the uh I I I
don't know I think two was was a start. They didn't even they didn't want any let's be honest they didn't want to do this at all. We told them hold on it's in your resolution. This is something we we want to push. So yeah four does seem like a lot. Let's start with two. Have they planned anything yet since we since
we've seen them? I I don't think I mean I try to watch as many meetings as possible. I'm not aware of them planning anything at this point. I don't even know when the last time they met. >> This is a committee that has um has had challenges um meeting and meeting quorum
and getting their uh minutes and agendas in on time and >> right I mean from just off the top of my head I I I typically watch all them at least try to skim through the meetings. I can't remember the last time they met. Um so I agree with I would love to do it four times. >> They didn't want to do it at all. So
that's why we came to this compromise. I I would like to see them do it once first to even talk about it. >> Um that's my concern. It's it we they came to us and said they didn't want to do it anymore. So that's when we said, "Okay, try twice." But at the same time, I'm not aware of any efforts they've put
in to do it at all. So I would like to know those efforts. Not saying they haven't done it. Nobody's told us. Uh but at the same time during my briefing I I do understand that this committee has had issues meeting meeting quorum getting minutes in etc. And it's a good committee. It's a committee that's done
a lot of good work. A lot of the people on that committee have done a lot of good work. So I want them to get going again. Uh but I think putting an additional onus on them doesn't make sense at this time. If they have a really successful first try, then I
agree with you. Let's let's push it. But I just I don't I don't know if the will is there in the committee right now. >> Additional discussion. >> Nothing from Councilman Garcia, a former chair. Uh Fernandez, do you have any input? Uh well, I'll I'll give some
input. you know, as also speaking not only uh as an interested policy maker, but as an especially interested policy maker as the former chair of neighborhood improvement. I when I ran it, we did all four meetings and it we actually, you know, we had to constantly be innovative to drive up attendance,
but we were able to make it work. In fact, our clerk at the time was my liaison and we were able to, you know, change it up, have disc good discussions on code enforcement, another one would focus on lake maintenance, another one would go over refreshing your covenants. Uh it's possible, but I I agree with
you. There's going to be a little bit of a ramp up before we get to the same level of interest probably, right? And then also, no doubt there's probably been some other HOAs and condo associations that have went gone defunct since, you know, they probably had their last quarterly meeting. I like keeping
it at the two that it's at right now. Um you know, so I can't be in supportive uh supportive of the amendment at the uh at the moment. Um but perhaps as we see that they are ramping up and getting more interest again and it and the interest is there then you know we can
explore that again. Uh but for now I just want to get neighborhood improvement back up and running you know to be the the same organization it was when you know council member Fernandez and I were were were there. Um but with that uh I know you wanted to to uh speak to that. So you're recognized to go
ahead and respond. So I'll go ahead and withdraw the amendment from two to three and leave it at the original two to see if we can get that round ramp up. >> So So the councilman has made an amendment to keep it at the two. So is there a second? >> Second. >> All right. It's been seconded by Councilman Fernandez. All those in favor
of the amendment say I. I. >> All oppose, no. The eyes have it. The main motion is amended. Uh and with that, we're now on the main motion as amended. Any further discussion? Seeing none. All those in favor say I. I. >> All oppose? No. The eyes have it. Item
12H passes. We are now back on the remaining items of consent. Is there a motion for the remainder of the consent calendar? Move. It's been moved by Councilman Fernandez, seconded by Councilman Sanchez. All those in favor say I. I. Oppose. No. The eyes have it. The remainder of the consent calendar is
passed and we are now on ordinances on first reading. Mr. Attorney, you are recognized to go ahead and read item 13A into the record. Thank you, Mayor Mayor and Council. This is an ordinance amending section 131509,
fences, walls, and gates of the code, amending regulations for uh fences on sidewalks facing a street east of the Palmetto Avenue Expressway. And so this the title is an ordinance to the town of Miami Lakes, Florida. Amending se sections 131509 fences, walls, and gates
of the town code of the town of Miami Lakes. Amending the regulations for fences on sidewalks facing a street east of the Palmetto Expressway. Providing for incorporation of recital, providing for repeal of laws and conflict, providing for severability, providing for inclusion to the code, and providing for an effective date.
>> All right. With that, this uh you know, this is a an amendment on first reading. Um, I'm gonna uh, correct, pardon me, an ordinance of first reading, which is not a public hearing. However, I will turn it over at this time to, uh, Miss Susanna Alonzo to go ahead and introduce
the item and then we'll entertain motions from there. >> Good evening, um, town council, uh, Susan Alonzo for the planning department. Um, this is an item that is, um, probably familiar to all of you because we had a very full discussion at the time of new business item. Uh it's
about providing uh residents on the east side of the town uh options in order to have some degree of fencing on their side facing a street. Um properties properties that are in corners that are facing streets on their
sides that right now are required to fence adjacent to the struct the main structure. So at the same height as the main structure. give them a little bit of leeway to be able to fence in and maybe create some privacy for uh
bedrooms, bathrooms, and maybe private areas of the home that may be facing the street. Um the councilman that proposed this uh councilman Sanchez uh wisely uh chose to put it at five feet from the main structure and uh after a little bit
discussion we're creating a maximum and a minimum so that at a minimum they have 10 feet from the street and a maximum of five feet from the home. And I know that sounds like a little bit of a obviously 10 + 5 equals 15 which is
where most homes are located. They're usually located 15 feet from the property line, but creating the maximum and the minimum gives a property that has maybe a larger space. It's going to be 5T. So, if you have 20 feet, you're going to be 5t from the
property from the main structure and leave 15. Leave it a little more room. And if you have less, if you have 13 feet, um, you're going to have at least the five. Does that make sense? So, you kind of create a better condition for everybody.
All right. If you have nothing further, I'll entertain motions. Is there a motion? >> I move to approve. >> All right. So moved by Councilman Sanchez. I actually heard Councilman San uh Councilman Fernandez come in with the second. So we'll give it to him. Uh with that, is there any discussion? >> Uh I see Councilman Hzburg.
>> I'll just be Well, yeah, that's right. since he was a seconder. Councilman Fernandez and Councilman Herszburg. >> I just want to say that that this body ultimately makes a decision like this, but because and I really mean this because you are in support of it, I I I'm going to support it and I'm going to I'm going to vote yes.
>> Do remember that as a procedure, you're hearing it now on first reading. Then we're going to go to the planning board and beat it up. And if there's anything, we will come back on second reading with maybe recommendations from the planning board to make me some maybe make some changes. So, this is just your first
time to basically consider it. Give us some thought. See how you feel about it. Tell me what you don't like. Uh, and we can start beating it up for second reading. >> Okay. Uh, Councilman Herszburg. >> Um, I I share the sentiment. I I I take
your advice, you know, seriously because I know you have the best interest in the town. Uh two one thing one recommendation at least for me personally I I would love to see like a like a chart or survey example of okay well this is the type of home this is where the I would love to see that because that would make this decision
much easier for >> visuals >> visual I definitely want a visual especially when we're talking about feet and just a visual view so much easier even just on Google Google maps and using you know Google maps pretty accurate you can use the measurements there um that's number one number two though this is only the side facing
right obviously yes uh So only side facing. I mean I don't I don't see that. What's the negative if you if you believe there are any? I don't see it. >> Well, that depends on who you ask everything in this town. Um there is >> asking you what's the negative.
>> There is there is many residents that feel very strongly that the corners particularly and the sites facing the street should be open. So that what they want to see is the road, the swale with their pretty tree, the sidewalk, an
additional open space, and then the side of the home, not a fence. So there there is quite a few of residents that do have very, and I can tell you because I have done I don't know 4,800 of these variances and I hear them all, they have very strong feelings about that. uh
which is why the wise the the leaving those 10 feet at least is better than putting it allowing it like it is on the west side which is allowed at the property line with 18 inches of of a hedge right so we're not proposing that on the east side because I do know that
there are several many many residents that have very strong feelings about it right >> so in that respect >> and that's why I want to see the visual right correct >> but I I guess the visual would also help on this point are there right Now, backyards that can't have a fence
because of the current code. >> Oh, yes. >> See, I mean, I I understand a homeowner has a backyard, but they can't have a fence in. You can't fencing your dog, your kids. I mean, >> we entertain these variances >> regularly, maybe every other month at least once.
>> What are the height restrictions on the fence and the type of fence? >> The the for now, we're as every other fence, six feet. So, we're not changing the regulation. That could be something that you could suggest. Have a a lower fence get a a lower height
>> getting close to a street. That's also something you can suggest. >> These are all things that can be at this point. No, we're not suggesting anything different than the six feet that are required for everybody else >> through the chair. Oh, sorry, >> Councilman Garcia. >> Yeah. And and I think Councilman Hersburg said it correctly. Who is
opposing this? Are the homeowners on that corner opposing it? Even the homeowners that live in >> Okay. Yeah. So they say >> I can tell you we we always have some letters saying or and sometimes we have approved variances and afterwards we have had even even board members say I
can't believe I approved that. I I shouldn't have approved that that that fence. I don't want to say any names. But >> so the actual homeowners that live on the corner, >> you're you're saying their feedback is we like it the way it is. Because I'm I'm almost I mean without even asking a question, I mean it it's their property.
I'm sure they want the to have that ability to have a fence, right? So, I I I I'm for this this amendment, >> sir. We have residents that don't want any fences on their property. >> Okay. At all. >> Well, here >> and again, it's is
>> Yeah. Yeah. I I think we should give them the ability to to have that option. So, I will approve this. >> And I just before we go to the vice mayor, I just want to state that obviously this is an ordinance on first reading. Correct. So, you know, there will be time to make any changes and for for those of us that want to to reach out to members of the public that we
know that would be affected by this and try to understand uh where their position is and why. But, uh with that, Mr. Vice Mayor, >> thank you, Mayor. Um, just want to clarify something because with this wording of minimum setback of 10 ft from the property line and a maximum distance
of 5t from the main structure, I I remember it where we discussed being the 5t from the structure, but with the minimum setback of 10 ft from the property line, is there any concern? Are any of the properties that could potentially be affected by this
properties where the property line ends at the sidewalk as opposed to right by the street? And >> that swale is not necessarily theirs. >> Yes, there is properties that have an additional parkway. They usually call it
a parkway that is usually about 17 to 20 feet wide. In addition, so yes, sometimes the property line is not at the sidewalk. >> Yes. So in in those situations, wouldn't this not make sense? Because uh I'm
talking about like if I'm not mistaken uh my property line for my house ends at the sidewalk right now. I don't have a side house. Uh but if the side of my property was at the sidewalk, then there's no way you can get it to a
minimum of 10 ft from the sidewalk while also a maximum of five. I'll work out the math and give you specific examples between now and second reading. I'm okay with approving it, but I just wanted to kind of like point out. >> So the the minimum setback on a side on a home facing a street, the minimum
setback of that main structure is going to be 15 ft. So that's where that's the number that we're playing with, right? So generally most single family homes that are facing a street on the side will be at that 15t mark. There's a few that are going to be at 20. There's a
few that may be at 13 or at 12 because when they were originally built, they were built either using a variance at the time or through other or maybe they the street got platted afterwards and it got put in in a different location. Right. >> Again, you would say that this is probably the most frequent variance
request comes to the town. >> Correct. So, but 99% of them are going to be at 15, which is why we're using the five and 10. allowing the maximum and the minimum sort of like gives us a little more room for the ones that have a smaller uh setback existing that they
still get a little bit of something but is not at the property line and vice versa. Right. >> And then for those I guess who may be opposed to this uh because I think if I heard correctly you suggested that some corner homeowners are against this.
Nothing about this requires somebody to put a fence in. >> Correct. >> Right. They they can choose to list if they want. This is just granting an option. >> Correct. >> Okay. Thank you. >> Okay. Uh any further discussion on this item? Okay. Seeing none, Madame Clerk,
please call the role. >> Item 13A, ordinance in first reading. Council member Sanchez, >> yes. >> Council member Hburg, >> yes. >> Council member Garcia, >> yes. >> Council member Fernandez, >> yes. >> Vice Mayor Moretta,
>> yes. >> Mayor Diegas, >> yes. Ordinance in first reading item 13A passes. >> Excellent. We are now on ordinances in second reading beginning with 14A. Mr. Attorney, please read the ordinance into the record. >> Thank you, Mayor Council. Uh this is an
ordinance of the town of Miami, Florida, amending the official zoning map to reszone A 7.7 plus minus acres located in the east side of Northwest 74th Avenue between 143rd Street and 145th Street as more particularly described at exhibit A from the GU which is general
use to the RU1 single family residential district. Providing for incorporation of recitals, providing for findings, providing for direction to the administrative official, providing for repeal of flaws in conflict, providing for severability, providing for exclusion from the code, and providing for an effective date.
E. >> Excellent. This being a public hearing because it is an ordinance on second reading. Uh, anyone in the audience in chambers that would like to speak on 14A, please come up and be heard. Seeing none, uh, madame clerk, please
check online to see if there's anyone that would like to speak on item 14A. >> Yes, I do see participants. Again, I see four participants. If you want to participate, just unmute yourself and let us know so that you can speak. I I
think I see Mr. Dagi, Chris, Miss Kristen Hayes, Mr. Oscar Martinez, and another Zoom user. >> Okay. I I would say let's uh madam clerk uh because some of them do seem like they uh have an interest in this particular item. Why don't you call them
one by one >> and uh you know give them a few seconds to respond as to whether or not they'd like to speak and go down the panel there until uh you know we we've cleared through all the names. >> Very well. So I'm going to start with the first one that I see in the screen. Miss Kristen Hayes.
>> Hi, good evening. No, thank you. I don't wish to speak. >> Thank you very much. Noted Mr. Oscar Martinez. >> Hey, good evening. >> I'm sorry, we we did not hear you, sir. Do you wish to speak or >> There might be a delay.
>> Mr. Martinez, do you wish to participate in public comments? >> No response. Mayor Mr. Naji, do you wish to participate? >> I would prefer to remain silent for this matter.
>> Very well noted. And we have another not name participant. No name Zoom user. >> All right. Well, seeing no public comments online, public com the public comment portion uh or public hearing portion rather of item 14A is now
closed. With that, um, Madame Planner, uh, you know, please go ahead and introduce, uh, this item, uh, for the public and the council. >> I believe the attorney, uh, you need to read it. >> Yeah, he he already read it, but just
for you to explain, you know, I just provide a quick overview for the public. Uh we're we're on the second reading of this item to reszone the the area um uh adjacent to the um Palmetto Expressway and uh and I75 Gratnney interchange uh
to reszone it into residential single family area from the GU that it is it is completely com you know um compliant with the com with the comprehensive plan and um and town
planner recommends in favor. All right. Well, f first, uh, is there a motion? >> I'll move. >> It's been moved by Council Fernandez and seconded by the vice mayor. Mr. Vice Mayor, you're recognized for discussion. >> Thank you. Uh, Madame Planner, and I guess
>> Yeah. >> Uh, I guess this is for you as well as uh for the clerk and uh maybe maybe Mr. Cardinus. What what kind of a advertising or
you know notice was given to the affected residents about this today? >> They got 30-day notice. Uh 30-day notice. They got mail direct mail. The all the properties were posted. One every single property was posted for the last 30 days.
>> What was not noted for this meeting? >> Correct. For this particular meeting. Yes. >> Yeah. because they were all here in force uh last time and I don't see them here now and I want to make sure that they know that this is happening. >> We also held a planning board meeting and also we had very little
participation. They they same as today. >> Now you told me before the meeting that you had an opportunity to meet with almost all of the owners. Correct. >> Was were those meetings before or after um the PNZ meeting? >> Before.
So, is it a a safe assumption for me to make that they heard you and they understood you or am I going out of my depth and >> I met with some of them at length uh and some of them more than once? >> Their their I guess their concerns or
their objections were were >> Yeah. Uh okay. >> Allayed. Thank you. That was actually the word that was in my head. Um >> okay. So, I I wanted to make sure that there was a proper public process for this uh and that this isn't just an outlier where uh the residents weren't
given notifications. >> I want to repeat that I didn't meet with all of them personally. Some of them sent representatives. >> Um I would have wished to have met the particular property owners themselves, but for some reason that was not >> were the representatives attorneys?
>> No. >> In Okay. at representatives who weren't attorneys. What were they in terms of representatives? >> Family, friends, >> family. Yeah. >> Family. Mostly family. Family. >> Were they there in addition to the resident?
>> Yeah. >> Not as a replacement. Okay. >> All right. That's it. >> Hey, I saw um we'll go to Councilman Hsburg, but first Councilman Sanchez and then Hersburg and then Garcia. >> I just want to touch base and if the attorney can can opine on this one. uh
the overarching um I don't want to call it a dark cloud the live local dark cloud I want to make sure that GU and RU1 live local cannot be built on either one of those correct >> is that correct >> that's correct so what live local says
uh is basically that uh properties that are industrial or commercial uh may uh be turned into mixeduse property >> right >> if there is a certain component 40% that workforce housing. Uh, and if it if the
applicant decides to to go forward with that, then that limits our ability to be able to review the site plan and it has to be uh approved and reviewed administratively. That's what it says in a nutshell. >> Yeah. But general use and residential use,
>> no res approved for live local >> GU. I I mean the GU district what it's so the way that the GU district works is that it has to uh in order for properties to be built and we do still
have a couple of small GU districts. For instance, the area where the cemetery is is considered GU. >> Okay. >> Uh so hopefully that's not the situation. >> So making it into an RU1 protects it even more against it not becoming >> correct a live local area. Okay. That's
all I wanted to know. >> Yeah. And what I wanted to say about the GU is that GU has to take uh whatever the common uh denominate the common uh the common design in in the area. I know I'm saying it wrong and I'm fumbling all over my words, but basically it's got to
take a look at what the area is and whatever the area is, that's what it has to be designed for. But taking it a step further, Councilman, the actual comprehensive development master plan of the town lists that area as low density residential. So even that particular
area it wouldn't apply for uh for live local. >> All right. Thank you, Mr. Attorney. Thank you. >> Thank you. >> Uh and next would be Councilman Hsburg and then Garcia. >> Thank you, Mr. Mayor. Um first, I the vice mayor shared that same issue. I
always surprised not to see people here. I assume it's because you did a good job. And also I think it's it's clear from my briefings that changing this to RU actually helps the residents and curbs their concerns because the issue of GU is I mean all all the concerns
that these residents have can already happen in GU or even worse theoretically somebody could buy four lots and say well now I'm go you know GU I'm building some town houses. It it puts us in a bad situation puts the residence in a bad situation. Uh I'm confident that some of these lots will be developed a little
bit more now. Uh but it's it's this is the most restrictive zone that we can use. Right. >> Correct. That is the lowest uh lowest density that we have available in town of Miami Lakes. >> So it gives the the single family homeowners there the most protection
from development nearby. So it's common sense. It's got to it's got to move forward. Thank you, >> Councilman Garcia. >> Thank you, Mayor. I remember last time there was a lot of residents talking about this and we pushed it back. What was the And if I remember correctly,
their main concern is basically losing the uh character of that area. This basically the last area in Miami Lakes that's kind of old school the way it used to be. Um what was what was the main main concern that the residents gave you when they were talking about this? >> They had a lot of concerns that had more
to do with them being forced to pay for things and uh maybe have to do improvements that they weren't willing to do. Um, that was generally where most of their concerns were. They were also concerned about not being able to make improvements on their property or or
being forced to make improvements or not being able to build uh additional residences in the area or maybe being forced to uh take in larger units. But you know it was all mostly things
that were easily explained and and understood once you have a conversation. >> So then effectively what what basically changes besides a designation for them? >> Nothing >> nothing >> nothing at the end of the day the the
most concerns that we have with this area is the lack of level of service and that's something that we're working on separately with a different with different pathways. Uh but there's nothing that the residents need to do or there's nothing their properties are now
becoming legalized within the conformity that within the conformity that what they have already. So we're basically making it what it is with the zoning that is appropriate for what it is. Now, one of the concerns that I heard was uh someone comes in and
buys a property that's, you know, more than some of these properties would average what, two, three acres, four acres. >> Yeah, some of them are very large. >> Yeah, they're very large that they can now split them up, right? And >> they potentially could. Yes, >> they could split them up. And what's the smallest uh lot size?
>> They could do that today. Council member >> even even with GU. >> Yeah, there's no change between GU and R. >> We're not we're not changing that. >> Okay. >> That we the >> I guess. >> Go ahead. Go ahead. The only concern that I have is that this is uh potentially an area where a developer
can come in buy a bigger know that you know they can buy the plot. They can do that now. I understand that. But I I think it just their concern that they had is that the it was going to increase density because somebody's going to split that up into six, seven, eight lots and then instead of having what how
many homes we have there now? Seven, eight. I'm going to tell you now that there is going to be an increase of homes in the area. >> That's the concern that one of the reasons that's the concern that I have that that's going to become a the smallest what's the smallest uh lot available that
>> at the RU1 the smallest lot is 7500 feet. Council member, can I address the whole point of concern? >> What we are doing by making this area RU1, right, is making it the most restrictive allowable under our code. >> Correct.
>> Under Florida law as it is today, we are not prohibited under SP 180. This is a new law that that went into effect and is the law of the land from any making anything that is more restrictive than what occurred prior to August of 2024. So even if we wanted to create a and
reszone it into something new and and and make a comp plan amendment and and change our flume to create a zoning that's more restrictive RU1, we're prohibited from doing so. So what we've effectively done is taken that whole area and made it into what is in our current code single family homes and
what's allowable. Uh nothing could be built bigger than that. Arguably, it could have been that that area might have been considered for town homes and town homes would have been even more or smaller or maybe RU1Z, which are zero
lot zero lots >> that we have in certain areas of the town. That's not the case. We're making it to RU1, which is >> arguably the the most um how can I say it? uh provides the the greatest uh
requirement for square foot uh per lot in all of our zoning districts. >> Okay. Thank you so much for that. >> So So yes, there could be some subdivisions, but they would be within the largest of the densities that we have at this point. >> And and just to clarify, we they are
still working on they they don't have water, I mean sewer. They >> they do not have sewer yet. No. >> Okay. So that would be a concern for me for building all these because if that's going to happen, everybody knows it's going to happen that that density is
going to go up under, you know, what we have and we don't have sewer lines. So, I know we're working on something like that. So, can you talk about the cost it would uh for the town in the future to provide sewer to at least I would say doubling or almost tripling
of of eventually possibly triple the amount of homes that there are now. Well, remember if we were to develop a plan to run sewer lines, it would not be to the homes that are developed or not developed. It doesn't ma that really doesn't matter. We we would run the
sewer lines through uh to the center of the street and then those properties whenever they were developed, they would be responsible for tapping into the sewer line. >> But what I'm just trying to say is this is not an if anymore. It's going to be we have to do it now because honestly we're we're saying it's okay to build
more homes there. So, we're going to have to do it, >> right? >> There is no are we going to do it, are we not going to do it. It's going to get done. >> We have to do it now >> eventually. So, I just I'm just worried about the cost. I guess the question of what's the cost of the town, we're going to do it anyway. >> I believe that this is an issue that just basically sat dormant for many
years because nobody uh wanted to develop that. >> Sure, but this is a catalyst now for that. Yeah. >> I'm just letting >> this issue today does not affect any >> Sure. And I'm but but again, but I'm just thinking of what what eventually is going to happen because we're going to have to have connect the sewer. But Okay. Okay, thank you for for answering.
>> Um, I'll put my thoughts on the record. I'm fully supportive behind this. There are some residents that have bought land that haven't been able to build in part because they're waiting on certainty that comes from us finally taking it out of GU into some other zoning. This hands down, as we've heard at NASA, you know,
both at this uh hearing and at the last, this is the most restrictive uh zoning uh residential zoning that we have under our code. I fully support it. I think we should do this to give those residents that are waiting uh you know to process their permits the the certainty that they need and and to make sure we don't hold that up anymore. Some of them have
been waiting for at least two years. Uh, additionally, um, in my view, I think, yeah, sewer is the future, right? We are still trying to over time eventually phase out, uh, septic all over the county and and in the case of Miami Lakes, that is the only area of town
that still currently, um, provides for septic. And, you know, obviously, however, we can eventually get them to connected sewer, which is better for the environment and better all around in terms of service, um, we'll get there. But, at least for right now, I think we just need to go ahead and pass this. And so if there's no further discussion,
madame clerk, please call the role. >> Item 14A, ordinance in second reading. >> Council member Fernandez, >> yes. >> Council member Hzburg, >> yes. >> Council member Sanchez,
>> yes. >> Council member Garcia, >> yes. >> Vice Mayor Moretta, >> yes. >> Mayor Diegas, >> in support of Back to the Future. Absolutely. Yes. 14A a ordinance in second reading passes.
>> Okay. Excellent. Uh we are now moving on to our quasi judicial hearings which I know we have some members of the audience waiting for that. We are on 15A. Um let me pull out my handy dandy procedures uh item here.
>> Mr. Mayor. >> All right. Yes. Yes. I know you are the first uh one to go up to read your preliminary statement. You are recognized to do so. >> Thank you, Mr. Mayor. So, um I'm going to be reading a preliminary statement and asking a question of the council shortly. Um uh council, please be
advised that the following items on the board's agenda are quasi judicial in nature and opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence will be made under oath or affirmation. Additionally, each person who gives testimony may be
subject to cross-examination. If you do not wish to either be cross-examined or sworn, your testimony will be given in due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the board to ask questions of the staff and witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the
organization. Any person docu presenting documents to the board should provide the town clerk with a minimum of 10 copies. Further details of the quasi judicial procedure may be obtained from the clerk. At this time, Mr. Mayor, uh it is important that if anyone has had uh what is called exarty communications
with the applicant that to disclose them. Uh there are two items. Uh and if I may, I'm just going to read them both into the record. >> Yeah, go ahead and read everything to the record. >> Thank you. U Mr. Mayor, uh the first one is going to be a conditional use to expand operations to a 19th elementary u
for 19 elementary students. This is for educational world learning center and this is under hearing number condition 2025218. um educational world learning center is the the name of the applicant and the location of the site is 16470 northwest
59th Avenue. Uh the second one, Mr. Mayor, is condition uh 2025386. Uh this is also for conditional use. The name of the applicant is Panax Clinical Research LLC. Uh and this is for uh request to be able to operate a clinical research facility within an industrial
district within the town. So, at this point, if any uh persons in the council have had any communications with Panek CL Clinical Research LLC or with Educational World Learning Center, uh you should place that into the record at this time. >> Thank you, Mr. Attorney. Uh with that uh
pursuant to our rules, we are now at the uh point where anyone that is wishing to speak on any of these items doesn't have to be the first one. On any of these items, if you are going to be speaking, you must be sworn in by our clerk and she's going to administer the oath of office or the the oath to you, not the oath of office. I apologize.
But with that, again, anyone wishing to speak, now is the time for you to be sworn in. and uh you know and I guess is there anybody on uh remote uh comments that it wishes to speak because we would need to see them on the screen as well taking the oath. >> So let me ask them again if you're
online Miss Christristen Hayes are you speaking on this item? >> No, thank you. >> Okay. So for purposes >> on any of the items whether it's 14A or excuse me 15A or 15B. >> Understood. No, I'm not speaking this
evening. Thank you so much. >> Thank you. Noted. So, raise your right hand. >> Wait, wait. So, was So, that was the only one that's online. >> That's the only person online. >> Okay. Just wanted to make sure. Madam clerk, do your thing. >> Can you please raise your right hand? Do
you swear to say the truth and only the truth? So, help your gun. >> Thank you. >> Excellent. Thank you very much. And before we proceed, I know the town and deput the town attorney just addressed it, but I want for the record to state that I have received exparte
communications forms um from council member Sanchez, from council member Fernandez, from Mayor Diegas, from Vice Mayor Moretta, Council Member Garcia, and Council Member Hersburg. They
completed their forms. No communications have been had. >> Thank you, Madame Clerk. And with that, I'm going to begin the public hearing on item 15A c 2025-0218.
Public hearing is now open and and pursuant to our rules, uh, Susanna, Matt, um, or rather Miss Alonzo, you are recognized to go ahead and provide, uh, staff's. Would you like to take public comment first or would you like me to present first? >> That's not according to the according to the rules I have right in front of me.
It's direct from our code. The they will get their chance later. The participants will get their translator. >> Okay. Gotcha. Um again, Susan Alonso for the planning department uh presenting this conditional use uh for 19 additional children on an existing daycare center. Uh this is a a situation
that we've seen a few in the last few months. It is a daycare center which is uh usually governed by um children and families and and other agencies that take care of smaller children. They're now transitioning to add some elementary
school children to their roster uh which has different requirements particularly as to open space. Um, as I'm entering the staff report into the record, um, staff is recommending approval with a lot of conditions as, uh, staff has a lot of concerns
regarding the availability of open space for the, um, for the bigger children. Uh, they do require, um, let me see the numbers, 8,00 8,98 square feet. In order to satisfy town's requirements, they're
proposing to utilize an adjacent lot for that additional open space. Um, and uh, staff would like to have proper documentation which we has not been received yet as a covenant in of title in order to tie those two lots together.
uh as well as additional landscaping and uh improvements on the adjacent lot in order to be utilized as um as open space for the children. Um and with that I enter the letter of intent and the staff report into the record and I'm going to
allow the applicant to make their presentation. >> Okay. Yes. So well according again per our rules in the code uh yes. Okay. Yes. The applicant would be ne next and then anyone else from the general public wishing to speak and uh defined as participants will have the opportunity.
But first we'll turn over to the applicant. Now is your chance to go ahead and explain your project in detail which becomes part of the record uh that will be used if there's ever a challenge or whatever the case might be and uh and to convince the council to go uh and explain why your application meets the
requirements of our code >> of order. >> And there and therefore should be approved. Yes, Mr. Vice Mayor. Port of order. >> Is this part also when we ask questions? Do we allow them to finish in >> No. Yeah. The the the council uh discussion uh and and whatnot comes uh later. Yes.
>> I just didn't want to interrupt, you know, in vain. >> Yeah. Yeah. Of course. Yeah. I'm I'm here just going straight off of what's in the code. >> Yes. Hello. My name is Edward Dovasquez, architect. I'm the architect for the applicant, Beatatric. Um first of all, I
want to say that uh this is an existing daycare facility, two-story building. Uh she's been serving the the um the community for 10 years already. She has a lot of clients, a lot of uh reuse clients. And I want to say that this in
no way increases any amount of students that the building can serve. We're not adding any space at all. We have the amount of classrooms that are there. We're taking one classroom and trying to
increase the age from four to uh five, six, and seven. So, the same amount of students, but it's just a little bit higher in age. For instance, I have a uh a a young uh girl that has um is growing
up. She has a brother that just went into this classroom and he's like of age, you know, he gets to age five or six, he has to now that parent has to take that student to another elementary school, another uh drop off area. We're
trying to at least, you know, serve that student or that parent the ability to keep those same students in the same area for a little bit longer, only three more years. So no
change of uh amount of students that are ability in that school. Um the there's a existing dirt lot next door that she owns her her same group owns family and we're going to take that we're going to
have to beautify it because right now it's a dirt lot. We're going to be have to put landscaping in there. We have to put grass. We landscaping for the codes. So, we're actually, you know, beautifying the area. Um, also,
one of the things that happens is you're an elementary school student, you need 500 square feet in the in the statute of play area. If you're a kindergarten student, four years old, you only need 22.5 square feet.
So 22.5 square feet of play area for a four-year-old, 500 square feet of area for one student. So basically that's putting a hardship to her. She's has to use that whole lot just for a play area.
Not changing anything in the building at all. Just the ability to have those students a little bit uh bigger age. We're not asking you to us to change to a whole elementary school. that would require many acres to do that. It's only 19
students. Uh there's actually in the application we have five five-year-old students, nine six-year-old students, and five sevenyear-old students. So that's really the difference here. Uh in
addition um we will be willing to you know listen to the audience or the condo association anybody that's that provides comments and work with them for any concerns they have. Uh we're not going to change the the drop off procedure.
Right now she has it staggered so that the students and parents have a certain time that they drop off and there's not a big line. Uh but when you go to to again daycare uh to elementary on the site plan we have to show like a drop off area but we don't intend to use it.
We just have to show it that you have we have a parking lot that you pull in. You drop off a student you know you have a even a seven-year-old student you're going to take them off of the car bring them in check them in and go out. You're not going to have hey you know cross the
street or run. Um so we again we would be willing to hear any any u anythingbody in the audience or the condo association comments and we will work with them to satisfy what they need. Thank you.
>> Thank you very much. Uh with that the applicant have made uh their presentation. Uh we now go to the general public. Are there any members of the general public wishing to speak on this particular conditional use uh application which is 14A relating to the school? Any any comments in chambers
related to this particular application? Okay. Ma'am, uh please come up and please state your name for the record and whether or not you are representing another party or if you're representing yourself and and being an attorney, I'm familiar with that accordion file. So, I'm going to assume that you're representing someone else. >> Yes.
>> Okay. Hi, good afternoon, mayor, vice mayor, town manager, uh, town attorney, town clerk, uh, council members and staff. My name is Valerie Sanchez. I'm an attorney at Alejandro Varo, PA. Um, we're located at 16400
Northwest 59th Avenue, Miami Lakes, Florida, 33014, and I represent the Miami Lakes Professional Center Condominium Association. Um I'm here today to um state that the association never received notice of this hearing but
nonetheless we found out it was happening and I've take and we've have prepared uh written objections to this uh application. I have copies for everybody if I can introduce it into the record. >> Yes. uh please provide them to the clerk
who will then distribute them and for the council's benefit again remember to hold your questions even as to any concerns of notice or anything until we get uh until we get to that portion of the meeting where we get to ask questions of the applicant then the participants and and the uh and staff
you know yes you're you're you're approved to go ahead and please get that to the >> I also just wanted to let you know I also have two property owners who have also written their uh objections as well. >> Separate from the association. >> Separate from the association. >> Okay. >> And and just so for the record, you are you are representing that you represent them.
>> The association. >> Oh, solely the association. >> Okay. >> Okay. So, you're just doing them a favor. Understood. Just wanted to be clear. >> Yeah. Just wanted to be clear about your representational capacity. So, thank you.
>> Okay. Thank you. Uh the association is here uh to notify the town of Mam Lakes that this application which seeks a conditional use approval to expand the applicant's operations to include an additional nine elementary school children is a direct
violation of the association's governing documents specifically the declaration of condominium that can be found in the public records of Miami Dade County in uh OAR Book 25678,
page 2249, which states in exhibit B of the Declaration of Condominium provision 4, the property may be used for such uses as permitted by the Town of Miami Lakes, Florida, except as otherwise prohibited
herein only, and activities related thereto and for no other purpose. For purposes hereof, permitted uses uses shall exclude by way of example, and no part of the property or any building located thereon shall be used for
schools. Additionally, section 9, article 7 of the declaration states, "No owner, ten or tenant shall cause or permit anything to be done honor on or about his unit which interferes with the normal flow of
traffic and parking of vehicles thereon or interferes with the association's maintenance of applicable common areas. As previously stated, Zanine Investments Incorporated is the owner of those two lots and one of the lot was granted
approval for a daycare facility. It's not an elementary school. As previously stated, an elementary school is not a permitted use under the association governing documents. Additionally, this proposed expansion
would significantly increase traffic within the association, which is a very small association that consists of only 12 lots. It's already has a rest it's already restricted as it only has one point of ingress and egress
and it's limited access presents a serious concern as additional traffic generated by the inclusion of these nine elementary school children along with their parents, staff, bus, transportation or any type of service vehicle would lead to congestion,
delays, circulation issues. And such an increase not only disrupts the normal flow of traffic, but it also raises a legitimate safety and accessibility concern for all property owners, tenants, and visitors within the association. Along with the objection letter, I've
also included Zen Investments request for the architectural uh for request for an architectural modification with the architectural control board of the association which has been disproved disapproved for the same reasons which I
have stated. For these reasons, I ask the town of Miami Lakes to uh disapprove this application. Additionally, uh here is one of the property owners and also the president of the association and he would also
like to address the town. >> He may please come up to the podium and and uh provide your name for the record. Um and you you have as much time as you may consume. >> Good evening, Mr. Mayor, council
members. My name is Ruben Sanchez. I am the uh president and director of the Miami Lakes Professional Center. I'm also an owner of the property right across the street from the proposed um um applicant. And I could tell you from
evidence that I seen that the traffic is horrible. uh the uh the the ingress and aggress is really difficult especially creates a safety issue for not only the owners of our properties but for the children that are being dropped in this
location when she has events. Parents parked their cars all over the streets creating a hazard not only for again the owners of the properties but for the children that are being dropped off or being walked in the street because we do
not have a sidewalk. As a result of that, I believe that adding an additional 19 students uh creates extra hazard not only again for us the owner of the properties but for the children that are being dropped
in the school. As a result of that, as a as the president and owner of two lots, the one that I occupy across the street plus an empty lot, I oppose the addition of whatever it is that they're doing in their property. Thank you.
>> Thank you very much, Mr. Sanchez. Um I'm I'm gonna Sir, are you here by any chance uh for uh this particular item or something else? >> I am. >> Okay. Would you like to speak? >> No. >> Okay. I just just wanted to make sure everybody had an opportunity. Uh there
is a rebuttal uh process, but we're not there yet. So, I promise you we're going right in order of what's right in front of me, which comes directly from our code about the the procedures here. So, uh you will have an opportunity, as will they, to to you know, for you to rebut and for them to reply. Um with that, uh
we are now on uh the Okay, here we go. The Yes. So, actually, you will now have an opportunity uh as a representative for the applicant to cross-examine. This isn't about rebutting. This is your opportunity if you'd like to ask them questions uh you know to in essence
undermine their credibility why you believe that we should give less weight to their testimony um and and ask other lines of questioning disproving uh their points. But if if this is just a pure rebuttal, you will have that opportunity later. >> So, I can ask him a question. Yeah, th
this is your opportunity to ask him a question. Yes. Cross-examination. >> Um, >> okay. No, I'll just wait to explain. I I cannot uh >> Well, wait. >> Let me ask him a question. The group, the the attorney, uh, >> did you >> Sir, sir, I'm sorry. The only thing is
that under our rules and and I do have it here. Yes. All questions still must be even though you're making it at them, it has to be as if it were addressed to me. Okay. You know, just for decor purposes, it's meant to make it less confrontational that way. >> Okay. Um, again, my name is Edwad Dovascus,
architect. Um, I would like to ask uh any of the the attorney or the uh neighbors or association if they actually saw the plans because there's no additional areas. Uh, I'd like to ask them if they saw know that there's no
additional students. It's the same amount of students. The this has already been approved 10 years ago as a daycare. And I want to know make sure that they understand and they know that >> we're one at a time. So your first question is whether or not they have seen the plans.
>> Have seen the plans. >> Okay. And now they have to come up to the mic again because all this has to be on the record. We're recording this. So we just need to make sure we clear keep the record clear. So that's his first question to you. What is your response? >> I believe Ruben received a copy when
they presented the request uh to modify. Um however, >> for the record, he is nodding yes. However, I just saw them today. >> Okay. Oh, so he just saw them today. >> Oh, that you just saw him today. Okay. But but uh Mr. Sanchez saw him before. Would the question was simply whether
you had whether uh either of you had seen them and the answer is yes. So your next question >> the and if they did see the plans, they know that it's basically the the addition of the a grass area taking a dirt area into landscape area. There's
no additional >> remember this is by asking questions. So you know you will have a chance to tie in all your points at uh at a different time but right now just to get your questions and to put get them on the record uh answering truthfully one way or the other about uh you know whatever your questions might be.
>> Okay. Um I think that's enough for questions to them and I'll >> Okay. Excellent sir. Uh at this point now staff uh meaning Miss our favorite Susanna Alonzo is now recognized to cross-examine either the applicant any other individual speakers
um you know so this is your chance do would you like to ask any uh questions of either >> I'm a little concerned about the notice um >> well wait hold on meions of notice right now we're we'll get there and uh cuz trust me if you're concerned about it we're concerned about it too and you
guys are the ones that mailed it out or were supposed to mail it out. So, but we'll get there when we get into the discussion and the questions uh you know from the board. Right now, do you have any questions directed at either the applicant or uh the other participants? >> No, I do not. >> Excellent. Okay. So, now board members
uh we begin with the vice mayor. We are now in questions of any of the parties that that have spoken here today. So we we will begin with the vice mayor and and you know remember this is not actual uh legal proceeding and you know but in the sense of you know like go easy the rules of evidence are a little lighter
here. >> It says quasi judicial. >> Yes. Uh so my first question is to the to the town attorney is the condo association who is not itself an owner unless there's common areas of which it's an
owner uh required to receive notice the way an adjacent owner is required to receive notice. >> No. >> Okay. Um did Mr. Sanchez uh did you receive notice of this individually as a as a
business owner. >> I'm sorry, sir. I need you to come up to the microphone. Um because again, this is even though it's not an actual court hearing, it is a quas court hearing. So we Okay. Excellent. Yeah, >> Mr. Mayor, I understand. No, I received this notification on Monday.
>> Uh which is was today? Tuesday. Yeah, yesterday. >> This is the first time I saw this. Now, she was supposed to or the applicant was supposed to file uh a um what do you call a um a a form asking us to review
uh which she did. She's she and we're supposed to answer her within 30 days, right? And um this is before the 30 days. She filed that on the 21st, I believe. Yeah, the 21st. So, we haven't had the opportunity or to
answer that. And then we find out that she already had filed with you, you know, this this this application. Uh, >> Mr. Sanchez, when you say you received that on Monday, you mean yesterday or last Monday? >> This Monday. Today. Yesterday. >> So, yesterday. >> Yesterday. Yes. >> Okay.
>> Is there a post date on that part? >> Yes. The post date is September 29th. >> September 29th. Yes. >> Okay. So, that's just a bad UFO. >> Yes. Yeah. >> Uh, I just wanted to make sure that it's not that we messed up. >> No, we understand. Yeah, >> I appreciate you answering uh my
questions. I don't have anything further for you. Uh for our town planner, what is there is currently a conditional use uh allowed on that property, right? For the daycare, >> the the daycare existed before conditional uses were being granted for
daycarees. >> What is their current student limit or child limit? >> Um we don't have a number for them right now uh because they don't currently have a conditional use. >> Okay. uh this the conditional use requirements for for daycarees uh were
uh initiated I think in 2017 and they've existed before that. >> Okay. Wait wait wait since when? >> 2017. >> Okay. Um when did they start business again? >> 2015. >> So 10 years. >> Yeah.
>> Okay. Um now ma'am uh you haven't come up and you know I respect that but are you the business owner? >> Yes. >> Okay. >> It in answering questions I need you to please come up to the microphone uh just
because I I need to keep the the the transcript as it were which is going to be the video of this hearing clear. Um so perfect. Please ask a question one more time and and let her answer. >> I guess I'll I'll ask both of the questions. Are you How long have you been in business? >> 10 years.
>> And then are you the business owner? >> Yes. >> Okay. Um >> what is your name? >> Go ahead and state. >> All righty. Um my question is um I'm I'm sensing some discrepancy in
numbers. Uh which is why I was asking the town planner this. Um how many students or children do you currently have enrolled? >> I have license for 114. 114 >> daycare >> daycare. >> So I want to just establish that what
the gentleman over here said is not correct then because he is stating that there are no additional children. You're going from 114 and you're asking for 133. That's 19 additional. >> But that's for educational. You need a
separate license for that. >> I I understand but I'm just I'm I'm simplifying this. Okay. >> How many kids at one time can be there? Right. Right now it's 114. >> But that's only for daycare for DCF. >> Okay. >> That has nothing to do with educational
or elementary. >> But it but they're in the same building at the at around the same time. Right. If if we were to approve this, >> right, you would haveund uh what was the number? I'm sorry. >> 114.
>> 114. You would have 114 daycare kids plus 19 school kids. >> Correct. >> Right. That that's 133 kids. >> Yeah, that's fine cuz DCF has nothing to do with the educational part. >> Well, I'm not asking about DCF. I'm asking about the town of Miami Lakes and
the fact that um that's 19 more kids. That's very likely 19 more cars. And I guess that's my concern. I've seen that parking lot. It's it's a very tight parking lot. >> Um Can I can >> Is there a plan in place? One second. Is there a plan in place? And I want to ask
the owner, respectfully. >> Just want to inform her the code. >> If she wants to refresh her recollection, >> 35 square feet per daycare kinder pupils and 30 square feet per elementary pupils for parking. >> So, we're actually going down.
>> I'm sorry. I like that that's not clear at all. So, I need I need one, you know, the Yeah, please answer uh directly into Well, if you want, you can you can speak for her on the rebuttal. >> Okay. >> And if you want to show her the information, well, no, no. Like, I think what the vice mayor would like is for her to answer since he's asking her
specifically, but feel free to give her the answer that's in the >> uh the information there. >> The amount of students that you allowed to have in your >> are 35. You need one student, you need 35 square feet for kindergarten.
So per one student I need 35. >> Speak into the microphone please. Um >> per one student I need 35 square feet. >> So you're trying to say 35 square feet for each student that you have enrolled there under under the kindergarten. Uh okay. >> And for elementary
>> and for elementary and for elementary is 30 square feet per elementary students. >> Okay. Okay. And does that answer >> Absolutely not. >> Yeah. No no. So, well, I think what he's trying to say, uh, well, never mind. I I again, this is a question of judicial
hearing. I can't put words in your mouth. Um, but yes. Okay. Just I just I I'm going to help him out here and in the process maybe help you out. >> Okay. >> You own both of those businesses, right? Or th those those two classifications. Okay. Two lots, lot one and lot two. >> All right. So, and your question again
was just getting to the heart of just how many new how many more students would be able to visit there, right? >> Yeah. Sure. Yeah. Like uh like how many new students then would be enabled to be enrolled in either of those schools as a
result of this change? Maybe that's the best way to put it. >> We're asking for 19. >> Okay. This is the yellow building. >> Elementary. Yes. >> This is the yellow building. Would the daycare kids and the elementary kids both be in the yellow building
>> at the same time? >> The second floor >> in the second in the second floor. There's eight classrooms. So there's will be one classroom for like the kindergarten and the other class for schooling. >> But they would all be within that yellow building except when they're outside
running around in this other lot. >> Right. >> Correct. >> Okay. Is there some form of I I listen on the one hand you've been a business owner for 10 years in this town and I truly respect that in a very busy corner of
our town. I'm sure the price there is not cheap. I have the utmost respect for what you're doing. Um, but on the other hand, I do understand the concern of the adjoining owners and I can imagine, you know, 113
parents showing up to pick up their kids in an if it was happening in my office building, >> which is essentially what this area looks like, a little um medium density office buildings, I would be very concerned uh be because it's not meant
for a school. Um, so do you have some form of traffic mitigation plan in place for this? It it's 20 extra cars, right? Uh, um, it sounds I I know how to read
people. Mr. Sanchez over here is already a little exasperated about uh, the traffic situation as it is today. So, >> the school convince me to let you do an extra 20 cars in that queue. >> The school opens at 6:30 in the morning. Okay.
>> So, there's drop off from 6:30 in the morning all the way to 9:00 a.m. >> Parents come at different times. >> Okay. And what about pickup? >> And pickup is from like 2 2:30 to 6:00 p.m. >> Okay.
>> I'll let the chair. >> Uh, Councilman Fernandez and Councilman Herszburg. >> There's a few things that concern me here. Um, but something that that really is worrisome and I and I have I I'm curious. Um, the attorney stated that that it is strictly it's against the
association rules as it stands. Could you could you repeat because I'm looking it up and you you you stated the um that it's recorded in O book 25678. For some reason, do you have a method that do you have it? I don't I didn't see it in what you presented to us,
right? >> The actual rule. >> I'll help you. I have it up. >> You have it? >> Yeah, I have it. >> Could I look at it? >> I I mean, I can get I mean, it's it's public record. You just got to look it up online. >> What is it? >> It's uh It's a decoration. You just got to You just got to look at it online. >> Yeah. >> What?
>> Yeah. I mean, I'll put it so it's clear. I don't want to >> I I would put it into the record. Uh Councilman. >> Yes. Everybody, >> I don't want to have any Sorry. I section four of exhibit of an exhibit to the decoration. It's, you know, book 25678. The exact page would be page 2293
does. So the use restrictions and the word schools is there's a lot of use restrictions and that's going to go be one of my questions to uh the association but the word school does show in the use restrictions on the recorded decoration. So it's there you can I can tell you
it's there. >> No I just wanted to to know that that was >> the case. >> Any other comments or questions? >> Uh did you say yes? Uh Councilman Harsburg. Uh first to to the
association's attorney are I'm I read your the use restrictions for on the decoration. Are there any other um are there any tenants in the association that have received any waiverss of those use restrictions or any of the current uses
in those use restrictions? >> And I'll add to that. Is there like a is there a process to get a waiver? Cuz the preschool was approved, I assume. Correct. So, it's like a three-part question. Sorry, but I think you can handle it. >> No, no worries. Unfortunately, I don't have the answer with me today. Uh, I
just found out about the hearing today, so I tried my best to prepare as adequately as I could. Um, I could get back to you with all that information if you'd like. Um, I'm not sure what happened when they approved the daycare. Um, but I I'd be willing to get back to
you with all those answers as well. >> I I did have a question for the town attorney. He just walked out. So, uh, I'll I'll hold that. Um, but is he going back? >> Well, I have some questions actually. If you can stay right there. >> Oh, wait. Okay. Yeah, I'll wait for Go ahead.
>> Okay. So, um, do you practice community association law? >> I do not. >> Okay. >> I just started. >> Okay. No, no, no worries. Well, you know, look, it it can this is a very exciting area of law. I think you'll learn to like like it. I mean, this is more in terms of landings and zoning, you know, entitlements, approval and all
that. But in community association law, which I practice some, the declarations are considered private contracts between the unit owners and the association. The town is not a party obviously to that declaration. So, my question to you being that you brought it up as a basis for your objection is what what basis
does a town have to go ahead and deny the application based on the vi the alleged violation of the declaration? because that would that should be a private cause of action. So, I'm I I'd like to know what do you see as the basis for us to deny it based on a violation of the declaration if we're not a party to it.
>> Uh like I said, I don't currently have an answer for you right now. Um I can get back to you. Um at least with the second point as to the traffic um we can discuss that and and that >> Well, okay. So yeah, let's just so I
guess well I guess more specifically right and for my colleagues that are are doing this for the first time I just want to remind you that when we are acting in a quasi judicial capacity we are acting as sort of as judges right we're not acting in our usual legislative capacity where we are
passing legislation that affects the entire town. Our job in this case is more ministerial to apply the existing code as it existed at the time that the application was received to that application and to make a determin determination whether they have met the
requirements of that uh of of the existing code or not. That is our our only job here. We we don't get into policym of well I think this would be a bad idea because this that and the other. Our job is to make sure is one question one one inquiry only. Did they meet the standards in the code or not?
Um, so my question to you therefore, my follow-up question is, can you point me where in our town's code with respect to this sort of approval, a conditional use approval that we can consider the traffic impact as a basis uh for denying
the the the per uh the application? >> Once again, I'm I'm sorry I do not have an answer for you right now, but I can get back to you with one. >> No, that that that's okay. But I I just want to again I just want to bring back uh the the nature of the questions and everything to the main thing which is whether or not the applicant has you
know met the the existing code standards. Right? Again we we cannot since we're not a party to the declaration go ahead and you know get involved in that. That is a private document a private agreement between the association and its members. Um trust me I I can understand where it gets
frustrating. you know, we're on the board of my my condo association's uh board as well, you know, where we have our office, but it's also part of my my law practice. So, you know, so, you know, again, I just I just cannot consider that and I don't think it would be prudent for anyone up here to consider that as a basis for denying the
application. So, I'm trying to figure out what else would be a basis for um denying this if if it makes sense to or whether um you know, they have at least for our for the purposes of our inquiry have satisfied it, right? because our hands are tied very strictly to what's
in the code. So, you know, that that's the only thing I just, you know, so again, I understand every everything you're saying. Trust me, I get I'm I'm right next to Bob Graham uh elementary where I have my office. I have to deal with that traffic and it really upsets me, right? Um and now I have a dance school next to me that, you know, you
know, a has added to that traffic. So, I I completely understand the frustration that you have, especially when you're talking about adding kids, but in order for us to, you know, uh to complete our inquiry, it is solely on the issue of did they meet those standards? And so, my next question is actually to our town
planner, you know, our land use specialist, whatever you'd like to call her, Miss Susanna Alonzo, can you please come up here a second? Thank you. Now my question is going to be now I I the now okay let me think about how I I ask you this because you
my your report in essence um says go ahead and approve but and then adds a lot of conditions a lot more conditions than I've I've seen in some of your other recommendations to approve. So my my question to you is in right now
though in your professional opinion does the application meet the standards of the town code? >> Not without the conditions. >> Okay. So currently it would not without the demogs >> and uh um the applicant is stating that
they are putting in a drop off zone that they don't plan to use. That concerns me further. >> What? >> Yeah. Yeah. Can you repeat that answer uh for for the you know >> there's been a comment right now made that they are putting in a drop off zone that they don't plan to use and that
concerns me even more because that obviously you know is not what is on the letter of intent. So that's you know obviously our our agreement is that the the school will be used in accordance to the letter of intent and my staff report
is being based on that letter of intent. So my little concern Okay. I mean, so I have no further questions. I think uh I think both parties uh were rather, you know, the the participants, which is what we call the other third parties that aren't necessarily applying for
this uh and the staff have answered my questions. I don't really have any questions specifically of the applicant this time. But again, on questions only, when I get into the debate, on questions only. Councilman Herszburg. >> Thank you, Mayor. Um so, two questions. uh town attorney first. Uh the
restrictions in the declaration, this is a condominium, right? >> Can we take that into consideration or should we just put that aside since the town's not a party of of that declaration? Obviously, >> that is correct. So, the the town is not a party to that declaration. That
declaration is not material to the application that's before you. Uh so, that is something you should not take in into consideration into your decision. Even though we know, and I I tend to agree with you, but I want to ask you the question, even though we know that if we approve this, there's a good
chance that that approval could lead to litigation has likely nothing to do with us. But still, right, that's your position. >> That that that is correct, Councilman. It it is true. uh the HOA has counsel and and and she can go ahead and uh take
any actions that she deems necessary uh against the the applicant in order to you know enforce the HOA's rules and regulations are right those are the HOA's rules and regulations they are not the the towns we are you know kind of uh
confined to to our code >> okay and then a few questions for the applicant um >> can I follow up on that question >> yeah go ahead Just following up on that question. Are are we talking about like motion to dismiss standard you shall not consider something beyond this or can I choose to
whether I have to or not? >> Okay. So >> like I'm trying to really pin it down whether I can consider the traffic situation or or am I barred from doing that? >> No. No. So so that's a that's a fantastic question. you you have to take all uh the evidence that's before you and you have to take what is considered
substantive competent evidence that's before you as to approval of this of this item. So you have before you uh staff's recommendation, staff's report uh that's that's based on on their studies. You do have the testimony that you can take into consideration as well
as well as the applicant's uh presentation. But I just want to be clear just in that answer though that the competent substantial evidence still has to relate though to what's in the code, right? We can't just pick something that has no bearing on this, right? >> Correct. >> Because then obviously it would not be
competent, you know, at all. So, >> correct. >> So, so the evidence that that you're uh that you're weighing is in relation to the law that's being applied and the law that's being applied is is the code. Am I allowed to consider my own personal experience?
>> I would not suggest it completely. Uh again, you you you're able to take the evidence that you've you've had. Obviously, you're going to have your own your own bias, Vice Mayor. Uh but you you really need to apply whatever's before you to the code. That's that's a standard. >> Thank you.
>> Um to the town attorney or or maybe the town planner, I think first the town attorney, the the conditional uses. So we we're not required to accept these conditions, right? I mean, the town planner just said that it does not apply to code. So
it's completely up to us discretionary whether we would not we would accept conditions to to this use. Correct. >> This is not as a matter of right. This is as a matter of uh meeting certain conditions that are found within the code and that are found within the the
planners report. So that is correct. If I as a I as a up here say I don't like one condition, I I have the it's my right to say I don't like these conditions, I would not I would deny the application. Right. >> You should not be arbitrary in and or capriccious in in how you come to that
conclusion. But so long as it's it's something that's that's reasonable. Yes, >> you are correct. Through the chair and I forgot through the mayor. It's not here. Uh well, first uh I saw Councilman Sanchez's hand up and then we'll go to Councilman Garcia. Okay, Mr. Architect.
>> Okay, so I'm reviewing the plans, the LOI and plans that were submitted along with the application. And I'm looking at a page that has the plans on the on the bottom of the page, it says 59th Avenue, and on the left side of the page, it says private road. But when I look it up on a on a on a on a map type of scheme,
that private road seems to be Northwest 164th Street. Is that correct? Street, >> right? But it's a it's on the map. Northwest 164th Street. Is that Northwest 164th Street owned by the
condominium or is it owned by the town of Miami Lakes? Because based on your LOI plans, it says private road, which means that we don't own it. Okay. >> I'm sorry. Can you confirm this? Is the microphone on?
>> Is there a green button at the bottom? >> At the base at the base of the mic. Is there a green light? >> Yeah. >> Yeah. And I'm sorry. You you will need to restart your answer again. This is, you know, just for the purpose of the record. So the the the the site plan
that was given on that sheet A1.1 was taken from a survey that I received from the client that showed the entire condominium and that that road as being part of the condominium. So the um when I say private road, it's
not private to her, but it's it's part of the condominium. >> So >> um there's different folio numbers within the condominium. No, >> it's one big folio number condominium. >> All these lots are one folio number >> and the con each each one is a
condominium within that. >> And so 164th Street is not owned by the town. It's owned by the condominium, >> I believe. So that's how can we verify that, Mr. Mayor? >> It's owned by >> Okay. Because from what I see here, there's only one entry point and one
exit point because based on the diagram here, you're asking for individuals to go north on the private road, turn around at the end and go back south. But as an eress point or an ingress point for emergency vehicles per se, ambulances, fire trucks, police, if you
have vehicles, because I see that you have positions here on the private road, I believe it's five from what I saw in here for staging area, but then it would block one side of the road to make it more difficult to navigate in that area. >> Yes. >> Is that correct? >> Yeah. Uh again the diagram was done
based on the requirements of the elementary school which require a drop off area where kindergarten does not. And um as I stated and um and Alonzo uh indicated I I said we don't really we're
putting that diagram but we don't need to use that. Not that we don't plan on using it but we don't need to use it because we we're going to you they're going to go into the parking lot drop off their kid and go help. They're never going to do an elementary school. You'll you'll drop off your student at the at
the driveway and let them walk in. >> But in this complex, you'll never do that. >> Is that what's currently in place where parents pull in, drop off their students, and leave? >> Correct. >> And is this causing a traffic issue in the area? Um the the as I stated um we'll be
willing to work with the the the association and the neighbors to come up with a plan >> to you know that they're okay with and that everybody's okay with that will prove to them that there will be no additional traffic. There's there's no
additional students in the in the facility. It's a eight classrooms. It remains eight classrooms. One classroom that it is for daycare will be taken out and provided for elementary school. >> Right. But you're still going to add another 19 students. >> No, no, no. That's not correct.
>> Aren't we taking We're just changing the age 14 to 133. >> We're changing the age of the students. >> All right. So, the stuins that right now are going to go into kindergarten. That's what this is. You want to take them into kindergarten, but now that means that the lower grade just became available to create more space for
another daycare class to come in. >> No. No. So you have eight classrooms, >> right? >> One of those eight classrooms will become an elementary classroom with 19 students. So that classroom has the ability to fit more. >> Um, >> one class can fit 19.
>> So how are we going from 114 to 133 because the application has 133. >> The application she can have 133 or even more in her. I can do the calculation in her daycare. >> Right. Well, we were the application is just explaining that and it's really
done for the outside play area that she can only have 19 elementary school students, >> right? >> If if she doesn't have the elementary school students, she'll have >> So, you're not going to open your door to open enrollment to bring in more kids because now those 19 kids were in elementary school and you're going to
bring in another 19 to fill in the gap of the day of the of the daycare portion. >> No. No. like if one thing is what she's allowed to have in the building, >> which is filling those eight classrooms that are existing, right? And another thing is what she has enrolled or what,
you know, maybe she has a lower enrollment one year or higher. But >> the the classroom itself will be be will be taken away from daycare and provided for elementary. >> Okay. So um we would like to you know
discuss it with the the the the neighbors and get their approval and show them that this is not going to cause more. In fact my point of view is going to cause less traffic because that parents that now has to take the two children one to elementary and one to
daycare only has to go to one place. So, it's going to be two or three per car. Um, instead of, you know, all all the, you know, different people or different >> I have a question for I have a question for the owner. Now, >> I understand that your release is
between 2:30 and 6 p.m. >> When would you say that there's a portion in time where 40% of the students leave at the same time? >> Like, is there like 5:00? Majority of the kids leave at 5:00 PM just to give a number.
There's spaces for parents to park. >> No, no, that's not my question. My question is out of you're currently 114 students. >> Uhhuh. >> Is there 30 that leave between 5 and 5:10 p.m. Just to give an example, like a release time of 5 that like is there a
peak as to when the majority of parents pick up their students? The most that have been like five or six or maybe eight at the same time. >> At what time? >> Average >> like around between three and four.
>> Between three and four. Stagger between that time. >> That's a peak time. Yeah. >> Between staggering and that time. >> Okay. And because I'm I'm a big proponent of traffic mitigation >> and schools are a magnet for traffic. So I, you know, I I understand the the the frustrations that can come with with
pickups and things like that. And I also know that the whole ecosystem where education is is is is vital for our children. Um, but you know, that's when I see here a private road and then I look at the map and it's literally one in and one out for so many buildings that are in the area. I do have to take
that into consideration as well. >> The parents go inside the parking lot, they park and they leave their kids and then they leave. >> But and that's how it is now. Correct. >> Okay. And to your knowledge, it's not causing any traffic on the private road or on 59th Avenue? >> No. And as a matter of fact, he had
stated when we have parties, we fixed that no one's no one's now parking in his in his um building. Now we're doing it by times. Okay. >> Like from 9 to 9:30, 81. >> Stagard approach,
>> right, for that traffic not to occur. >> Okay. Okay. Councilman uh Garc Do you have anything else? >> Just for the for the owner. >> Oh, okay. So, okay. >> For Mr. Sanchez. >> All right. >> Yes, please. >> Well, the HOA president. >> The HA president. Mr. Sanchez. Yes.
>> Do you have any pictures or any videos that might show us a traffic that you have witnessed? >> No, I don't. But, uh I don't think the applicant is being totally honest with you guys. Uh I have seen >> Well, hold on. There will be an
rebuttal. Yeah, there there will be a rebuttal later because we're not in discussion right now. We're just trying to get questions and answers and we still, you know, again, I I I have to follow procedure um to make sure these proceedings. >> So, the answer is no. I don't have any pictures there. >> But I seen it in person. I've seen the
traffic and I seen you know uh how you know >> and obviously Mr. Sanchez is under oath. >> You mentioned the street you know that the one street 59th Street is yours. is public, right? >> And they walk into they drive into a private street, >> right?
>> There are cars lining up to drop their kids in your street, right? >> So, there is a line to drop the kids that I have seen in person. I don't have I don't have photos. I don't have pictures. I could take them, but I don't have them. So, >> that is your testimony, your sworn test. >> My testimony. >> Okay. I see. >> Anything Anything further? No. Okay.
Councilman Garcia, and then we will move over to Councilman Hsburg. >> Thank you, Mayor. I have a question for the owner and also for our Tom Planner. By owner, you're referring to the applicant. >> The applicant. Yes. For the applicant, >> how many students do you currently have right now?
>> Right now, I have about a hundred. >> Can I Can you be a little more specific? 100 >> 100 students. 100 like daycare students. >> Okay. And your proposal, you're you're what you're saying here is that you're not going to add students. are just changing their designation from preschool to I mean from uh elementary
to to I mean preschool to kindergarten >> for educational >> because they're getting older >> for educational I'm I'm going to continue with the daycare that I have the license for that and add 19 students for educational for like kind five for kindergarten five for first grade
>> I'm hearing two different things you're you're going to add 19 students to the additional students that you have now change the designation to the current students. >> They're adding 19 students >> for elementary, not for daycare. >> Okay. But there's going to be more
students in that building, >> correct? >> That's just a quick question. >> Students. >> Okay. That's where I think students. >> Yeah. I think >> Can I ask that? >> Sure. Sure. Is there going to be more physical students in this building? >> So, she's not, you know, she's a
daycare, you know, she owns a daycare. She works on that. uh she's not like a zoning or architect that can answer that question correctly. >> Stop it right there. I just want to know right >> in this building, >> will there be more students than there are right now? Just
>> the the capacity of the building will not change. >> That's not the question I'm asking. >> So >> there's a difference between what the the the allowed capacity which apparently is one. I'm not asking about the allowed capacity. >> Okay. >> So I'm asking and I'm sorry to to be a
little direct. Will there be more students >> in this building if we approve this? Will she add more students? >> No. >> Okay. >> And I answer that because in in enrollment always is higher some years, lower some other years. Current her
current enrollment is 100, but she has the ability to enroll 133 daycare students. >> Now, >> okay. So uh to the town planner, >> one of the conditions here is you said 133. >> Is is it is could there be a condition
added? It it has to that the students body has to remain the same as it is right now, which is 100. Is that a condition that could be added? >> I'm I'm looking at my attorney. >> So can you repeat what's the condition that you wish to add? I would like to
see if there we can add a condition >> that would maintain even though the designation of these kids get older fine they they go to elementary classroom but the number of students remains the same regardless 100 it'll remain the same is that a condition we could we could uh ask for
>> right now what he's requesting is 133 you're saying to limit it from 133 to 100 >> that would be the ask because I know that the >> he's asking are are we able to >> are we able to do that are we able to ask can we do that >> can we do because one of the main issues is they don't want more students and more
traffic. I I understand my I would s it's a loaded question and here's the reason why. Okay. What's being requested of you here is to add 19 more students. So if you wish to rem reduce that extra
19 that is what's what's before you. If you want to reduce it further than that, I I would caution against that. >> Mike, no. Okay. >> Well, they they have they have >> So, I can reduce it, >> but I just want to be >> You want to reduce it from the 19 for >> I want to I want to keep it the way it is.
>> You you may do so that and then you what you would essentially be doing is voting against uh this conditional uh approval. >> Okay. And then the third question I have, I'm sorry, is >> can I make a decision yes or no based on the number of of conditions that the
town are placing? Like this is an extra amount of conditions. I haven't seen these many conditions in in in an applicant in a while. Can my decision be made? Can I may say no to this or yes to this depending on the amount of conditions we're asking uh that the town has asked this applicant? Could that be something I can consider?
>> Okay. So you're when you're considering the application, you're considering it's a totality. you're considering what is being requested and you're being uh asked to take a look at what the conditions are uh that staff is is imposing. Uh if you wish for there to be
a modification to that, you could make a motion asking for that to be uh removed or or added. Now, just take in mind again that when you're making all any of these decisions, you're basing it in on what the actual law of of the town is, our our code, and what is being
presented to you >> to help him out. If you look at section two of the proposed ordinance as if we were to agree to this in section two it basically without detail though lists the five uh standards that we may use in our decision. >> Okay.
>> So you know to kind of expand on the town attorney's uh answer to your question. My argument would my argument would be that we can't use the conditions as a basis to say no because that's not one of the five uh criteria here. But um it you know you could as he
mentioned make that motion to amend the number of conditions to add more or less um you know if if that were ever an issue for you. >> How about amend the act one of the actual conditions? >> No. Well yeah again that that is yes but as far as the basis say yes or no we have to go off of those five categories
there. I'll read them into the record for the benefit of my colleagues generally. Number one the the land use compatibility. two, whether or not the uh the uh there are sufficient site size size specifications and infrastructure to accommodate the proposed use, which
is why traffic is an appropriate standard to consider. Uh number three, compliance with the comprehensive plan and land development code and uh proper use of techniques by of course the applicant and the amount of hazardous waste that would be generated or
involved in the proposed use. Those are the five criteria that we can use in making our decision. the conditions. Again, you can modify them however you think. >> Thank you, mayor. Well, based on what you've said and what the what the >> Well, remember, we're not making motions still right now. We're still in questions. >> Sure. Okay. Yeah. Thank you for for >> I'm just literally following what's in
the code. >> Appreciate theification. Thank you. That's all the questions I have. >> All right. First, we have Council Hsburg and then we'll go to Councilman Fernandez. >> Thank you, mayor. Uh first to either planner or town attorney, what is the purpose of this condition? Is it to add students? I don't think it's our
decision or whether or not they have a first grade or second grade. Is that the purpose of this or is it just to add students? >> Yes. Um both. Uh so a daycare is up to um first grade. So
first grade is not included. Uh daycare is regulated like uh she keeps mentioning like the applicant keeps mentioning it's regulated by DCF. um at the point when they go into elementary school, DCF is no longer involved and it's now um I hate to say it's up to you
all because there's really very little else regulation. And I know that there's some department of education involvement at that point and uh some state um department of education as far as the state goes but there the involvement as far as the physical nature of the
building and the adequacy of the building and the adequacy of everything involved is up to us. >> So we're so so this does two things the way it is now. It increases capacity >> and allows for over first grade. >> Correct. >> Second grade and higher. 19 children
over first grade and above. >> So then question for the applicant. H I'm confused how the I guess it's something I I want to understand. What are the grades? How does it because the applicants stated there's going to be one classroom. Is that just second graders? How does this work?
>> The the the application only allows for 19 elementary students and that's based on the outside play area that we have. >> Right. those 19 students I said it goes up to fourth grade now fourth four a year four now you can have a
five-year-old a six-year-old and a seveny old >> well I I think we based off with the town planner we can already you can already have a five and sixy old is that correct town planner >> the and the other thing before she answers is the main reason that she
wants to do this is that right now the daycare does not allow the step up scholarship where we're helping parents pay for their tuition. When we get to the elementary school five, six, and seven, they can now apply for step up
scholarship and they can get their tuition paid by the by the uh the county or the Florida. That's the main reason she wants to and add those those elementary students. She can't add 50 elementary schools because she doesn't have enough space in the play area and
also in the classroom. So, uh, my but my question understood that and that clears a few things up. My question is, how many classrooms are going to have elementary students? >> It's one 19. We're only applying for one classroom, >> but what grades are those students going?
>> So, in that classroom, you have um different grades, you know, uh I don't know the grades, but it's year of fivey olds, six-year-old, and seven year olds >> with the same classroom in the same >> but with the same teacher. How does this I I'm How does this work?
>> You can only have one in there. The the one thing that I want to uh state after discussing with my client and listening to everybody here and I want to save everybody a little bit of time. We would like to either tailor or withdraw our application for a next meeting in order
to have the chance to uh address their concerns and and apply you know get their satisfy them and also those those conditions which we have never have not seen. So if that's um in your procedure is that uh
something that I >> so yeah there table it to the next >> we we can table it and I think there you know there's strong desire to do that >> for variety of of reasons but we you know just to get the evidentiary portion out of the way I mean obviously we'd still have to go through this exercise
next time but the more points we can knock out now okay the better so I want to finish the question and answer portion >> I have one more >> exactly so I will let Councilman Hzburg finish then Councilman Fernan is and then I have some final uh closeouts and then we can get into you know uh the
final the you know get get to the point there where we can start making the motions >> on this on this site plan survey whatever you want to call it I see stacking spaces 1 2 3 4 5 what what are those because I mean looking at a map there's no room for that that's half the road so what are the purposes of these
stacking spaces that are outlined here when it doesn't seem like they're it's >> that's one of the concerns that I want to address but the when you get into The elementary school requirements for code, they require stacking of cars for drop
off. Daycare does not require it. And that's what she currently does. The the parent pulls into the parking lot, takes the the student out, walks them to there, checks them in, and then walks back to her car and leaves. But once you
go to daycare, one of the checklists for the the the city and the county review is that we need to show that. And that's why I I want to clarify with her when I meant we're not going to use that is that we're going to try to keep the same situation that we have. We have to by
code show the space and therefore, you know, we have to discuss with the association, make sure that that that's good with them. But I don't foresee that they'll be using that, >> right? But by code, you can't just say we're showing it on on a on a plan.
You're going to del delineate the the parking spaces on the road. So that's a problem I have, Mr. Attorney. How do we approve a plan that shows they're delineating spaces on a road they don't even own, >> right? So I think that's a valid reason to look at something.
>> Yeah. And and also we can uh also adjust the plan so it's in her in her lot. Um, and that's one of the reasons I want to table it. But go ahead. Questions, >> Councilman Fernandez. >> Well, to the planner, this question,
there's there's still a little bit of confusion about what they currently have license for. How many students do they currently have license for? >> So, their current license would be through DCF. It wouldn't necessarily be through the town.
>> Oh, it's not through the town. >> Whatever their uh they're allowed as for for their BTR because they do not have a conditional use at this point. >> So then we just have to go off of based on the numbers that they're providing which >> they're an existing non-conforming use as to the fact that they still don't they don't have they don't have a a
conditional use >> and those buildings and then to that point then you because you stated it earlier those buildings were were built before the town incorporated >> or before we came up with conditional use. >> Yeah. The the before we required a
conditional use for the daycare. Okay. Okay. >> That's the >> Oh, I see. Okay. Okay. >> And and the buildings were have been built one at a time. Like we we're doing we're there still been though. This is an area that has empty lots that are still under They're being built by owners. So, every owner is building their own. >> Okay.
>> So, this one may have been built I don't know. I I've seen the drawing. So, maybe like Yeah. 2015ish. >> Okay. >> Yeah. >> Thank you. I just want to make a comment that if if if it is moved, can I say something? >> Okay. We're in questions but >> we're in questions but fine. make it a
quick comment. >> Whoa, whoa, whoa. I mean, you might not get another chance. So, >> no, I just want to I just want to encourage the the the association president as well as the attorney that if you do meet and if this is tabled, which it may or may not be, I have no idea. But if it is, then if you still
oppose it afterwards, I would encourage you to to to show up because we're going to assume that you're okay with after the this meeting that you're okay with what they presented to you. So, I just want to make that clear that if you're still opposing it, please let us know. I was still going through the motions.
>> Oh, and um Okay, so my my final questions before we move on uh is the following. When uh when did you notify the applicants of the conditions that you were proposing? >> Uh I have been in communication with the applicant since April. I've requested
landscape plans several times. The solution of coming up with the adjacent lot came in. But specifically with the conditions that you are proposing in section three, right? Uh the covenant loo and everything else. When did you first communicate that to them? Because
I could have sworn I heard one of them mention that they just learned recently about this >> over the phone several times and u you know it's been in conversation not in the form where they're written like this. And obviously we always share the the we always share the agenda when it's
published with the applicants so that they know. So it's obviously on the agenda. >> Yeah. And I believe I and just to verify, I believe you testified earlier and and uh an answer to my one of my questions that you were concerned by some of the comments that they made as a result of the fact that uh what was it?
The pickup and drop off did not conform with the letter of intent. >> Correct. So the if they're they're showing a drop off area that then he was saying that they weren't going to be using. So that's changing the way that they were going to be dropping off. >> Yeah. But then Yeah. Okay. and uh you
know well nothing further for you. Uh I'd like either the owner or the or the applicant or the applicant's representative to come up and and answer a few questions related to these conditions. So sir uh was it you earlier that mentioned that you just became aware of
the conditions that were being proposed or was it the applicant herself? >> We have had several communications with the the city back and forth because we were missing landscape plans. We provided landscape plan. We're missing the uh I think the covenant of the next door, the ownership of the next door. Um
I might have missed it. I did not see the email with the uh conditions. So I apologize if I missed it, but I have not seen it. I've just heard it. >> Well, this is just also uh getting to my next question, which is and although I think you answered it though, that at this time you do not have for example a
proposed covenant in lie of unity uh of title uh you know at this time. Okay. Um, okay. So, I I I think what's becoming clear from the the the tone of my colleagues, uh, is that there will be some kind of motion to table. So, you will get that. Um, we're not there yet,
though. And I and I technically there has been a motion one way or the other because we haven't gotten through the other procedures. So, we'll get there. Yes. Okay. Perfect. So, I'll come to you now in a second. So, I think you can expect that. I you know what I will say just as a benefit to you is that you
know some of the answers did come across a little ky right you know like when we were trying to ascertain whether or not this was going to add more kids to what was there and it just the answer seemed a little ky so I would definitely have a clearer answer next time among other things uh you know and and again for you
know for me it would be a lot easier if you already started working a lot of these conditions and showed me that they're ready to go um and for you guys you So obviously again as as I mentioned before you know it uh the traffic concerns you raised they speak to number
criteria number four right uh that we are allowed to consider the infrastructure question or maybe it was three point is that it goes to the infrastructure um you know but the stuff about the declaration it that is a private agreement between you guys that you guys would have to enforce you know
separately uh through another legal proceeding. Um Mr. Vice Mayor for your last question. >> Thank you. It's just a very quick series of questions directed specifically at you, sir. >> Do you have an ownership in any of the involved properties?
>> Are you a property owner within this area? >> No. >> Okay. Uh, do you have an ownership interest in the school? >> No. >> And are you an attorney? >> No. >> Okay. That's the only >> I'm an architect. >> Got it. All right. With that, we are now on the staff rebuttal. Staff, is there
anything that was brought up in questioning? anything that was brought up in the in the applicant's presentation or in the participants uh you know in the association's presentation that you would like to respond to? >> Uh I would like to revisit the >> and I just want to also uh point out
though that we are inclined to to you know reconsider this at a later later time. So so again but what what is it you would like to put on the record though as far as a rebuttal? I would like to revisit the conditions prior to the next time uh it gets heard because I would like to consider the circulation
through the community as part of a possible future condition. >> Okay, perfect. Well, >> and the turnaround of >> Yeah, I don't think anybody up here is going to object to you meeting with the applicant uh on that or meeting with us to get our feedback. Uh well, actually,
wait, no, because this is quite judicial, so we should not have exparte communications with with anybody. Yeah. So, for you to get in contact with the applicant and and to go ahead and revisit those conditions based on the what you've heard from the council today. >> Mhm. >> Okay. Anything further you you would
like to rebut? >> No, I am not. >> Excellent. All right. With that, the applicant now, uh, sir, this was this is the time now. I believe earlier in the evening you wanted to go ahead and respond to some things. Now is your chance without interruption. So, feel free. >> The I'm going to keep it short. Again,
my point of view as an architect that there's no additional students. Um there may be uh a fluctuation in enrollment and now their enrollment is lower because but the amount of classrooms and the amount of students for those
classrooms will stay the same. Um the the we're taking one of the classrooms that she has for daycare and we're making it elementary classroom. 19 students can be in there. uh if those 19 students weren't there, you can fit the
same amount of daycare. Um but again, I I I would like to request a a postponement uh and be able to meet with them and get their approval before we come back and get approval letters before we come back. >> Thank you very much. With that, the
public hearing is now closed and um I have a point of order to the attorney uh as our par parliamentarian under the charter. A Currently, obviously, a motion one way or the other has not been made. Can we still make a motion to table the item uh without
there being an actual motion before us or or is it more of a motion to defer? >> It's a motion to defer to a specific date, which would be the next council meeting so that proper notices can go out meeting a motion to defer to the next council meeting in November. Yes. Yeah. just to let the parliamentarian
make his full point. Um, >> I think the reason that you want to defer to a specific date is because this has already kind of been announced as a public hearing. So, you need to uh in order to preserve the the notices, defer to a specific date. >> Excellent. >> I move to defer to the date of the November council meeting. Is there a
council meeting in November? >> Yes. >> It's December that we don't second that. Okay. >> All right. It's been moved and seconded. Seconded by council member Garcia for the clerk's benefit. Um, with that, yes. >> Point of personal privilege. >> Oh, boy. >> Hire a lawyer. Hi. And you guys get you're already on notice. It's November.
Both of you, both sides were very unprepared. I understand your point. You, ma'am, get yourself a lawyer. >> Yeah. >> Because respectfully, sir, it's not your profession. I get it. You made a good attempt, but she needs a professional >> on the legal side is what he means. I'm
sure you're a great architect. Um, with that said, um, all those in favor of the motion to actually no m call the role, please, on the motion to defer. >> Yes. Just to be clear, >> just be clear for the record. Yeah. >> For clarification purposes, motion to defer to the next council meeting, which
is November 18th. >> Yes. >> That's the certain date. >> Yes. All right. >> Council member Fernandez. >> Yes. >> Council member Sanchez. >> Yes. >> Council member Garcia. >> Yes. >> Council member Hzburg. >> Yes. >> Vice Mayor Mora.
>> Yes. >> Mayor Diegas. >> Yes. >> The motion to defer passes. Item 15A. >> Thank you all though for your time, for being here. I know it's already 10:00, so you know, it's late. Go home to your families and, you know, prepare for November. All right. I'll see you guys
uh next time. No, thank you all of you. A uh next up we have item 15B. A Hold on. Let me let me move there in my binder. >> Mr. Mayor, uh yes, I understand that
they are not here. the applicant. >> So, what I would suggest is kind of in the same spirit, defer to November. >> They want to give us more work in November as we get closer to the holidays. >> It seems so. >> Oh, that's not going to bode well for them. I move, but okay. Well, the vice mayor has just made a motion to defer
>> to the November >> to the November 18th, 2025 council meeting item 15B. Uh, is there a second? >> It's been seconded by council member Fernandez. All those in favor? Actually, wait. Do we need to do roll call? >> You can. Motion to defer by Vice Mayor
Moretta. >> As if we're all in agreement. So, how about this actually? Instead of calling a role on this one, you know, because you know there's no presentation been made, there's no chance that there will be a disagreement. I hope. Um uh all those in favor say I. I. >> I. All oppose. No. The eyes have it.
Item 15B is deferred to the November 18th council meeting. And we are now in new business items finally gracefully. Uh, and we are beginning with item 16A. Uh, give me a second.
>> Public records modernization and transparency enhancements by Councilman Steven Herszburg. Councilman Herszburg, you are recognized. >> Uh, thank you, mayor. So, I I did speak to the clerk briefly about this. I think the memo speaks for itself. I I think
there's um improvements we can make with the way certain uh public records are found, especially if one of the things is easily finding our council meetings. So, my motion is just to work with the clerk's office, look at the options we
have to improve these four items, uh work with legal on the ADA issues with some of them, and then come back to us. Hopefully, this should be done at no cost. That's my plan. If it comes at cost, then we'll talk about it. But that's my motion. >> Second. It's been moved and seconded. Vice Mayor, do you have any discussion since
you you second? All right. Anyone else have any discussion on this? >> Seeing none, all those in favor say I. I. >> I'll oppose. No. The eyes have it. 16A. Uh, the motion carries and 16A passes. We're now on 16B, public safety
protocols by myself. Uh, just, you know, very quickly, council, and this would or necessarily should involve some discussion. Um, but you know, we've heard some uh complaints uh from from certain residents in town.
Some of them have been made directly to us. Some of them were made uh over social media on uh on Facebook and the various uh town pages, but I was wondering about two in particular. One of them, for example, the one that we
have heard online and in person has to do with the use of bicycles by our town police officers and whether that is an appropriate use of resources. For many years, I will say that I actually did not mind it. But the more and more I
think about it um and again I as I was here at town hall earlier and I um you know picking uh at a meeting and I was getting ready to leave I saw um a an officer come in on bicycle and I was just getting to thinking you know is that really the best way to respond you
know uh or the use of our officers right because if if there's a call that comes in the those officers in the cars are obviously going to get there a lot faster than someone on a bicycle right this is just my my way of thinking right And you know, and yes, we love all you guys. I just want to be clear. We're not putting in the spot. I'm not even going
to name who we're looking at for the record. >> Thank you much. >> Okay. No, that's fine. You know, go ahead because it's not just that, right? And again, the idea is to have a discussion publicly finally for for his benefit on that. The second thing is, you know, whether or not for uh Airbnbs,
whether we can go ahead and just uh you know, have it as a policy that, you know, and I know that they're just getting the registry in place now, but to have our officers uh regularly and whatever, you know, have this have the manager come back to us with what their proposed policy is, but some kind of
policy in which there would be regular directed patrols by those Airbnbs to make sure there are no violations of, you know, the noise ordinances of u any number of other aspects um you know of the of the restrictions that we passed on Airbnbs. So my motion just to get us
in the in the in the proper posture is twofold right um to go ahead and ask the and and direct rather the town administration to bring back policies that you know prohibit the use of the bicycles uh for the neighborhood patrols. Um and secondly, uh you and
again we can amend it however we want, but the second part of my motion is to go ahead and have them come back with policies on directed patrols and other you know steps they can take to monitor the ABNBs once we get the registry up and running. That is the motion for discussed for discussion and then I will
go to you in a second. Just bear with me. Um there clearly this is a popular item to discuss so it's having the the intended effect. Um before we go to you Mr. Vice Mayor, I'm going to go to the town manager, let him say his piece. I see the major's back, so the major can
go ahead and and offer his defense. >> He's been waiting for this. >> Yeah, I'll defer to the major, but the the use of bicycle has its pros. Uh, and I'd like for the major to detail that before we get to the point where we're dictating to him, the theme, you know, that we're out long. I get it. But but
this has come up enough times and I've had some of my own questions, you know. So, and again, it's twofold. One is the bikes, one is coming up with policies related to the Airbnbs that would >> No, the Airbnbs. No, no, I don't think it's an issue. We we can handle that. >> But yes, so I I'm curious to hear this
and then we will go the vice mayor. I think I heard Councilman Hsburg and then Okay. So, again, this is very popular. So, so okay. So, that'll be the initial lineup after you uh you you address my points. Uh so then the vice be fairsburg uh Garcia and then we'll come over here
to my left >> major you're recognized. >> What was the uh the question about the bicycles? >> Well so no so for me it uh as you know and because I know you've seen it on social media as much as I have and I don't know if they've called you about it but I certainly have gotten these calls regarding the use of bicycles by
some of our sworn officers in the neighborhood uh resource units. Whether that's effective, why do we do that? Why don't we have them in the car? you know, how are they going to be useful in the event that the call comes in? Okay. And well, not useful, but in the sense, how are they going to be able to be just as responsive as say someone in a squad car,
>> right? So, our neighborhood resource unit, um, that is part of their daily duties. We have, you know, a supervisor and, you know, eight officers and they all have bikes. Now, not all the time are they all available to ride. Robin has a bike. Sometimes you'll see it on the back of his truck. They all have
bikes issued to them and part of their duties is to conduct bike patrol. Um, bike patrol is part of policing, you know, 101 where it's a visibility thing. Um, they they they ride. See, so I I've had these phone calls, too. So, I
understand. But the majority officers, what they do, all our all our our NTU officers, what they do is they work the schools in the morning. That's part of their their job. Once they finish that, they come back to the station, they jump on bikes, and they patrol. They have different areas. Um, how fast can you go
on a bike? Not as fast as a car. So, I mean, they I've heard, "Oh, they're going fast." I go, "They're on a bicycle. They're exercising. You're riding a bicycle." Whether you're walking or you're riding a bike, you're exercising, however you look at it, it's not a pro thing. It's not personal, but
they're not on their personal bikes riding. They're not in plane close biting. They're in uniform. The lights have lights on them. The bikes have police lights for high visibility, and they're patrolling the the streets. Um, the slightly faster you go, the more
terrain you could cover, right? Miles per hour. >> You go 10 miles per hour, you cover 10 miles. You go 15, you cover 15 miles. You go five, you're only going to get five miles out of the hour. So, we implore some sort of average coverage, right? If you go three miles per hour,
you're only going to drive three miles in an hour. And that's kind of waste the time. So, average speed, they listen to the radio. if there's a call in their area, they will come by and stop. And then once they're done with that and they do a couple hours in the morning,
maybe lunch, and then do whatever other tasks they have with the community, then come back for dis for dismissal. >> Um, but the rest of the the patrol officers aren't police cars doing police work. We also tell our officers to get out in the park, walk around, talk to
the residents, and you know, it's not a bad thing. I think it's more community policing. >> So a uh a question on that front because you know I know it's going to come up the for how many officers at a time do we normally have on bicycles you know in the NRUs?
>> Three to four >> out of the out of them out of the total number of >> Yeah. Um Okay. And uh and is that only during the shifts that take place during the morning and and the afternoon or >> only in the morning?
>> Only in the morning. Okay. So, okay. >> Monday to Friday. >> Okay. Yeah. >> Monday through Friday. >> Perfect. Yeah. No, no, but again, I'm just >> in between the school hours when after school comes in and before the dismissal. >> Okay. Perfect. I think uh that's more than enough answer for me to take back
to the residents that have reached out on on that issue. >> Um uh with that though, does any before we go into actual discussion begin with the vice mayor, does anybody have a question of the major? Uh, Captain Garcia, >> Major, um, I know other departments use
the bicycles because they're they're easier to sneak up. Like, for example, if you're trying to find porch pirates and things like that in certain neighborhoods, they're easier to just go through the neighborhoods and find the, you know, sneak up. Um, is that something you use? Did you have you found that the bikes allow you to patrol
areas and not be at you know just uh have you had any success on the bikes with criminals or finding criminals or >> I know a couple of instances in the couple it's not every we don't think we don't have crime here like that right so it's a good thing uh so it's not very common but I know there was one year
where they were on the bikes and I don't know if you recall that year she work she works days and um that they were able to respond to a call apprehending a guy that ran and then the bikes were able to get better coverage in an officer on foot and they were able to swarm the area and apprehend the
individual. So that's one example that I recall that happened a couple of years ago. >> Second question, are these bikes their personal bikes or we or >> No, no. Are there town town police bicycles? >> Town and they have lights on them. Are those ebikes or regular bikes? >> No, regular bicycles.
>> Uh ebikes would be considered cheating, sir. >> Well, yeah. Yeah. Well, I know you had a you you you had a question about how much how fast they can go because of that >> and I know ebikes allow allow them to go 15 20 miles an hour and
also yeah so you know that's a consideration but I guess that's that's all the questions I have for you right now. >> All right so we're now that we're done with questions of the major uh I'm going to go down the line with the vice mayor again her uh Councilman Hersburg and then Councilman Garcia and then I'll
come over to my left. All right. Uh for me to even consider uh not doing not continuing the the bikes, I would have to hear it directly from
our major uh or our future major that it's an inefficient ineffective program and it would have to be in those exact words. If I don't like short of that, I don't even consider this because as long as
I've grown up in this town, I have seen that patrol. >> That patrol is the reason why I've always had a positive image of police. Um I mean, you know, >> yeah, I have a bike. I have a bike myself and sometimes me and the lieutenant will ride. I've seen you ask
some of the residents of Lacloman. They see us out there. Um we say hi every time we go by. When I'm we go on group rides on the holidays >> and we come in here, we do my house >> group. You see it through? Yeah, we go through there. I know that route. >> I've been through there and every time we see residents outside, hey, how you doing? How are you? They're clean their
cars. The garages are open. We just It's I've never heard anything bad about it, you know. >> So, I've never had any negative feedback. Maybe a couple. >> Listen, that that the guy transport someone to jail, >> we know. >> But that's what the radio on the shoulders for, right? For backup. Yeah.
>> Um, and I have no doubt of their ability to arrest someone off of a bike. >> Sure. >> They're in full uniform. They have their gun belt on. >> Yes. I've seen 21 Jump Street. So, it's >> Exactly. Um, >> that's pretty gangster. Uh, and then but
it's it's also I I see as two things, right? I see as the community policing aspect of it of creating bonds, creating uh presence where there are many parts of this country and frankly parts of even the state, some parts of this
county where police are greeted with a negative connotation. Um I think that this is one of the aspects that ensures that seeing a badge is not mixed with a bad emotion, right? It's, oh, hey, cool. Cops are
around. They're keeping us safe. They're riding around on the bikes. The the the cars, frankly, are intentionally made to be a little intimidating. The They got the bully bars in the front, uh, all the lights and sirens. It's a little intimidating. I mean, the only thing intimidating about the bikes are, you
know, Ortiz and Torres's calves. Uh, >> yeah, but they're that's the whole point of the community policing. You're more personal. I've ridden the bike and you're out open air. people could hear you could hear things better sometimes in the police cars. You have the windows up all the time and and you're going a
little faster, you know, and they're the police cars are more for responding to calls and doing traffic where the bike guys are more for patrolling, you know, listening to the environment of the community and being able to interact if they had to. I've I've been out there handing out contact cards, stopping at
houses, saying hello. So, >> and someone did mention uh the porch pirates. It's a deterrent because they can just pull up at any second. Uh, so, so I I'll just end there and saying like I'm this the bar is very high for me to even consider that. Um, and then with
regard to the Airbnb, yeah, absolutely. Uh, that I'm totally okay with that. >> Yeah. >> Councilman Herszburg. >> Thank you, Mayor. Um, so when I lived in downtown, I was involved with the DNA, which is like our downtown neighborhood association. You know what the number one con complaint
we had about the police there? That they weren't out of their cars. They're always just parked in their cars. So, I agree that it's something about community policing. It's being out there, being approachable, being in the community, and I've seen some of the same comments, and I respond the same way every time. I'm not a law
enforcement officer. I don't have 35 years in law enforcement. So, unless we see something that's, you know, illegal, right, or just completely out of the ordinary, I'm just going to trust what what our major says. So, um, on that point, unless those exact words that the
vice mayor said happened, I I wouldn't be for changing anything. Uh, on the Airbnb though, 100%. And I I plan on bringing a new business item. Once we get the approval from the clerk and who all the other parties that they can do our code, I want to revise our sound
ordinance because that's by far the biggest complaint we have in the Airbnb. >> Yep. >> Um, and and make it stronger. But so um agreed on that part. So I don't know how we can split this motion up. But agreed. We I would like to see what the police department can do about enforcing that
because that that is a common complaint. And I've heard again I heard the bicycle thing though. I defer to to our major and what he believes is right. But I appreciate you bringing it up. I think it's a good discussion for us to have it here so then everyone sees why we should keep the bikes. >> Exactly. And again, I learned something new too that I didn't know, which is
that it's only restricted to the morning, you know, with the schools, right? It's not an all day thing, which I do think is where some of the the consternation regarding that method of patrolling comes from, right? The the thought that this is happening um you
know, during, you know, like uh you know, either at not not at night obviously because I don't know if anybody has ever complained about it at night. But my point is when some of these residents I think you know who I'm referring to have complained. I think some of them really took it to mean that in the afternoon uh they were also
patrolling um you know like again like past let's say 100 p.m. >> Why would you complain seeing a police officer in uniform patrolling your neighborhood >> well on a bicycle? >> In fairness to them where I will get >> if you don't see him I'm going to argue that point. If you don't you complain
that you don't see the you know what's my funny thing when I laugh. Do you see the officer? Yeah, we saw him. Okay, you saw an officer. Or or you be complaining that you don't see an officer and then that's worse. Just like I've gotten complaints that, hey, I seen five
officers hanging out over here. They're probably having roll call. The other option is that they do it here at the station and you don't see them at all. >> Mhm. >> So, you know, that's educational too for some people. I've had they're at the park. I see four police cars. Yes, I know the sergeant's meeting with his officers. They could do it at the park, you know, just educa. I told people the
same thing. I get the I get phone calls all the time. I'm very interactive with the residents, too. They have my number. So, um or they could do it here at the station for half an hour and you don't see any four police cars out there and it's quicker for response. Everybody out there, they're visible at a park. People feel safer. But then there's that other
aspect of the side that complains but they're not really understanding what's happening. It's the same thing with the bicycles. There's people that say, you know, you I say, "Did you see four four cops on a bicycle with their little lights and flickering? Did you see them?" Okay, you saw four officers driving through the neighborhood. They're patrolling.
>> Yeah. No, look, I I'm not pushing back on any of that against >> No, I'm not. I was just, you know, telling you what I hear my this is my conversations that I have to with residents. >> Yes. Probably on a regular basis, even with the same people over and over again. >> This man said, "I'm on my way. I I'll say what I got to say."
>> No, I I but I'm very upfront. I've had push I push back, too, because I have to defend the calls. You know, if I'm if my officer is wrong, if I This is my other option. If they were out there on their personal bicycles >> in plank clothes, exercising, getting
paid on the town dollar, that's a big problem. But they're on official town police bicycles in uniform patrolling and they're not having coffee over the bridge. >> Well, what I would also tell you is, you know what I'm saying? The other point that you raised about them going at a high rate of speed, I think is
important, too. Right. They're not on a leisurely stroll, right? they're covering uh you know the town the town multiple times over at the speed that they're going 10 15 miles per hour whatever because I've seen them move >> right uh but I think you know look I
think we're where I would give some very little credence but you know to the those that aren't supportive of the police on the on the bicycles you know but obviously I think you already addressed that is if this was going on throughout the entire day which it's not you know is what you're saying right
>> um so I think That's where many of them were were concerned. But I don't want to jump in front of my colleagues. So with that, it was Councilman Garcia that was next and then I think I see Councilman Fernandez. Did you want to speak? >> All right. And then Councilman Fernandez and then Sanders. No. Okay. So Garcia
Fernandez and then I'll I'll close. >> Thank you. As far as Airbnb Airbnb, I've proposed and we've passed stricter rules on Airbnbs 100%. Anything we can do to to get rid of those bad actors, I'm 100% for. So, as far as the biking, I mean, just the numbers speak for themselves.
Lowest crime in in in decades. You guys are doing a great job. And part of that is is is the bicycle patrol. So, again, unless you say >> unless you say no, no, no, I'm going to support what the what you guys want and keep the the police going. But I
understand the question say because they're thinking residents the one thing our residents do is they always try to find solutions and they and they're thinking well if they're on bikes they're not being as you know as efficient but again it's in the morning it helps with the with the schools and it's limited uh but it has more
positives and negatives. So I again I think the bike patrol is a great idea to keep to continue it as long as it it works. And of course, there's areas where you're going to go a little faster than others, like to keep up with traffic, especially because for for safety reasons. If you're on 87th Avenue, there's no residents there. You want to get from point A to point B and
get out of traffic as soon as possible. That that's a quicker area to go. But once you're going into the back streets of the neighborhoods like by your house and it's a little slower, the speed limit is slower. You're more residential. But in the commercial areas or anything, they're just going from point A to point B trying to get to to >> How fast the does the lieutenant ride?
You know, >> he he's he's younger than take a ride faster. But uh I totally agree. And to to talk about the um the Airbnbs, what we're doing right now is uh we're working with Danny and his team on getting a list
obviously um any normally we don't write reports on um on like a noise complaint, you know, we'll go there or whatever and then it'll be like no reported if there's no other issues. But we're documenting all the Airbnb. So if it's we're going to get a list from him and we'll provide to all our officers. So if
we go to a call, it's Airbnb residents, then we write a report documenting the incident where there's a noise nuisance or parking issue and then we work with code. We provide that to them to start doing see what enforcement they could do on top of whatever we could do with the noise ordinances.
>> I'll be I'm not going to beat a dead horse. I agree, you know, when it comes to the to the police if and I truly believe that it does make a difference. So when it comes regarding the bicycles and the police officers on bicycles, I have no issue with it. Um, regarding the
Airbnb, I will, you know, anything that we can make those the short-term rentals more restrictive restrictive, I I'm in agreeance with it. Actually, it it speaks to the item that I'm coming that that I'm about to present
regarding, you know, our state lawmakers restricting us, you know, at a local level. So yeah, we we need to do something about Airbnbs and I'll support that. >> Councilman Sanders. >> Yeah, about the Airbnb. I I was at the senior bingo. A few of the of the
residents that were there on from Lochness Drive, they came up to us that said they're throwing parties and they're out there until 2 o'clock in the morning and they're being loud and you can tell that they're just not local because it's an Airbnb. So anything that we can help to mitigate that situation, I'm completely in favor for >> the the and like I said, that's why we
work more with code because the issue that or the challenge, right, that we have is today it's one person, tomorrow is another. >> Yeah. >> So if we were to issue come back to the same house like you're I'll use the mayor gracefully as the example. If we go to your house,
>> right, repeatedly every night and you're the homeowner and you're there, then we could pro we could, you know, progressively implement going from a cit from a verbal warning to a citation to an arrest where you're here today and then they're there tomorrow. I can't
progress this the uh the enforcement because it's different people. >> This is based on the true story, right? >> I actually have a question on the Airbnb issue to the man. >> Yeah. Go ahead. >> You say that because you're only allowed to site the actual person through uh
what is is it a misdemeanor? Because you have a no noise ordinance, a uh >> a county ordinance. >> Yeah, the county orders. >> But if we were able to get the officers to enforce our civil code, then we can cite the homeowner potentially. >> Well, well, Code could do that. >> Can you do that then? I'd have to refer
that to Danny. >> Yeah, Code could do that. >> I know Code can do that, but is there a way to get give the officers ability to do that or No, >> that's Lorenzo's working his match with the clerk. >> That's what I'm talking about. Okay, I'll stop it there. I'll I'll bring something in November to start discussing on on that issue. Thanks.
>> Uh Councilman Sanchez had a followup. >> Yeah. Just for Danny, for a resident to have a house as an Airbnb, do they need to pull like a BTR and a CU? >> Yeah. So, the registration process includes a minimum life safety inspection in order for them to obtain a certificate of use in a business tax
receipt that gets renewed on an annual basis. >> Okay. And if police get called out to that same residence, let's say four times in a calendar year, can we revoke that and take away their >> Absolutely. The ordinance that you all adopted recently, it has an escalator. First offense, monetary fine. Second
offense, I think it's a letter from the town manager. third offense, we're showing up with a major and bikes and we're getting everybody >> and and after the fourth offense, >> we're gonna uh we're gonna um deputize Danny to be one of our bike uh and >> as a code can we get code enforcement on
bikes? Look at that. They might have more >> I mean Danny, you know that the >> I'm sorry I'm getting but but that's the part of the teamwork that we're doing together, right? So, we're doing a lot of the documentation where we normally wouldn't >> just to make it a point. >> And then we're we're working with Danny's team and they're doing a lot of
more of the enforcement that we we still can't do. But at least we're getting things done together. >> But there is a point where they would lose their permission to have an >> of course. >> Absolutely. Through the town manager, we can suspend it and ultimately revoke them. And then what ends up happening if they continue operating, we're going to you
>> it converts and escalates into a lean, if they're not homesteaded through the attorney's office, we're sending them the uh foreclosure notices and threatening that way as well, too. >> I hate to say this as an attorney, but let's go to our attorney to kill the day to kill the mood, you know. >> No, no, Denny just brought it up. What
what I was going to say that something we've been pretty successful, I think, as of recent is we've been mailing out uh the foreclosure letters with regards to code enforcement. And that would be an kind of an arm that we would have with regards to the BMBB and a lot of people are coming into uh town to comply.
>> So, okay. Um, so with that, I'll close out with this. I'm going to make an amendment obviously to strip that part out. I think if anything, the length of this discussion showed that it was necessary, right? And it was both informative and insightful. Though the two philosophical points though that I will push back on two of my colleagues,
looking at you, Mr. Vice Mayor and my my good friend uh Councilman Herszburg is yeah look um you know with respect to you know and and obviously I know that you guys agree with this right with what I'm about to say but obviously you know we we all say that you know and obviously I know the major and and the
lieutenant are upstanding people they're never going to tell us something that is not in the best interest of the town and based off of their experience but just you know uh just for the record and just as a philosophical point right obviously if the statistics I think I forget who brought it up uh recently or maybe it was the major. But the statistics speak
for themselves. If they were not what they are, it'd be a different story, right? If if if the statistics were peeing on my leg, you know, as the expression goes, do not tell me it's it's, you know, that that it's raining. So, um, you know, so again, I trust their judgment obviously and I think the
the the debate was important. And then as far as to the vice mayor, really what I just wanted to say is, you know, I I agree that it makes that having them on bicycles makes it more approachable. But I just want to state more for the record and for anybody watching, you know, who maybe might be a parent in the near future or in the future, at least for
me, respect for law enforce law enforcement began at home, right? It had nothing to do with whether they looked, you know, friendly or not. It was, you know, you respect them, right? And you follow the law. So, but that begins at home with good education, right? So, you know, thankfully I had one of those. So,
thank you gentlemen for your time. Don't worry, the bikes are safe. You can let everybody know. Um, at this time, I'm going to move to amend out the uh the part of my motion dealing with the uh police officers on bicycles and leaving in the portion uh for them to come back to us explaining the protocol with
respect to Airbnbs and direct and you know uh directed patrols and other measures they can take to ensure compliance with town code. >> Second. >> It's been seconded. Any discussion? Seeing none, all those in favor say I. I. >> All oppose, no. The eyes have it. The mo the the motion is amended and we're back
on it as amended. Any further discussion? Seeing none, all those in favor say I. I. >> All oppose, no. The eyes have it. The item passes. 16B is passed. Thank you all for your time. Have a great night. All right. With that, we are on 16C
golf cart pool by Councilman Garcia. >> Thank you, Mr. Mayor. Um, I know we all got together last month and I want to thank the mayor. The mayor showed up to meet with the uh with Bob Graham principal and the the uh the school board and a lot of the uh the effect the the stakeholders with a painful leg
injury and he stuck through he stuck through it and uh he went to the hospital after that. I'm glad he's doing better. I want to thank you for for for doing that, mayor. So, we decided uh to meet we were supposed to meet and and we're trying to fix get that together. But again, the town of Miami Lakes
always is coming up with ideas to lower traffic. And one of the things that we said we're going to do is continue to come up with those ideas. One of those ideas that I like to get cars off the road is we have a lot of of uh of golf carts in that area. And I'd like to create a golf cart pool with parents in
that area that they register with the school and uh are able to bring kids to school and lower the number of cars that are dropping off. And I'd like to work with the staff and again the youth activity task force, educational task force, I mean committee to uh come up
with a plan to do that to try to get that list going and also provide a discount or remove the fee for registration for any parent that that is part of this uh part of this pool. >> I'll second it for discussion. >> It's been moved and seconded. Mr. Vice Mayor, you're recognized in discussion.
The part about the fee reduction, my my primary concern is you you the enforcing of it is going to be a little bit of a challenge because I could foresee people simply saying, "Yeah, I'm part of the pool." You don't
really have a way of establishing that uh and following up with it, right? There's no commitment period. They could legitimate if we force them to do some form of legitimate sign up for uh the pool. Um they could do that and then get
a free or discounted um permit for the golf cart and then immediately pull themselves out of the pool, right? Because it's voluntary. Um so look, and and as it is, the fee for that permit is pretty negligible. Um
my but I do have an interest in the rest of the item of creating the pool. Um I I do think it would remove vehicles off the street. Um, I guess the concern for me is is it staff or the mayor as the
head of government u intergovernmental relations that needs to bring this to the school and the school board on the question of whether that would be accepted because you have parent A who's picking up you know child their their
child as well as the child of other parents. Um, I know that the schools are very nit I don't have kids, but it's my understanding it's a mission and a half if you want to like it's like going to to a prison to figure out uh uh how to
pull a kid out of these schools. So, it would you know I think that there may be more logistics to this. >> Yeah. that than than we're anticipating. But, you know, to to either have the the mayor or designate of the mayor to reach
out to, you know, the the school board or or uh whoever has to be and find out what that procedure would like would be like and then if they would be willing to accept it. >> Absolutely. >> Through through the chair. >> Councilman Fernandez, >> I just I have a quick I mean this is an
idea. We could we could come up with some sort of plan but just for drop off in other words pickup I think you you stated it and it would be almost I don't think any principal or any administrator would allow another parent unless they were on the list of authorized persons
would release them to somebody another another parent. So I think drop off would be easy. You know there's nobody that's checking you know you're dropping off a child at the school. So maybe we could start it that way and then go from there. Just an idea. Maybe you want to change the motion. I don't know.
>> Through the chair, >> Councilman Garcia. >> Yeah. Well, that would be part of speaking with the uh with the principal of the school and for them to to work the details out of that. For example, if if they're part of the car poolool, I mean the cart pool, then they would uh
be part of the release the list of people that that the student can be released to, right? So, that would that would be added to that. So that would be something that would be something they would have to work out with us as well. But again, they asked for uh ideas uh in
that meeting and this is an idea and and so they should be open to trying to make it work. Now, if they say it can't work, well, wait a second. I think we pushed back at that meeting that the first thing coming out of their mouth is no. >> So if they say no right off the bat, then I think the problem is not the
ideas. I think the problem is the administration or or just the leadership there. So, we need to work with them. I'm sure it could work. I mean, this is not rocket science as long as everybody's on board. I think this is an idea and uh again, we have to work those details out with them. But, I think this is something we we promised we were
going to come up with different solutions and so were they and I think it's just one of them. So, I get what you're saying, but I think it's it's the onus is on them to work with us to try to make it work because we are doing everything we can to lower traffic and the problems that we have around that school.
Um, and for for the record, um, I do plan to be reaching out to uh, schoolboard member Alonzo uh, about a couple of of items related to uh, you know, the town and the school board, you know, where they intersect. Um, I'd be more than happy to raise this issue at
that time. Uh, as you mentioned, uh, any other discussion on this? >> Okay. Um, if and just be clear, there was a motion. It was not just discussion. You do want me to Okay. You're directing. Okay, got it. >> We're not I think we're also directing
staff to back you up on on any uh on any logistics or any help. >> Perfect. Thank you. I was just confirming when we had to, you know, start moving to extend >> to direct you to engaging. >> That is correct. Good. They're learning guys. All right, with that, all in favor say
I. I. >> All opposed. All right, the motion carries. We are now on item 16D, uh, discussion on SB180 and city of Homestead, uh, R2025, I guess it's the ordinance number-121
by JC Fernandez, Councilman JC Fernandez, >> in light of, uh, the resolution for the city of Homes. And now I I won't propose or I won't even Yeah. Yeah. I I'm I'm not going to ask us to uh to join in that lawsuit. what I what I just wanted to to discuss and you know for for us
that want to be refreshed on this you know they they restrict the cities from enacting or enforcing local ordinances um it there's there's enforcement limit there's so many things that that restrict us in regard to eroding eroding
of our home rule authority uh threat to the community aesthetics and standards uh legal and financial risk and one-sizefits-all regulations I I just think that we continue to get to get handed these rules that we have to abide
by. And, you know, I'd like to ask, you know, for for us either to to come up with a resolution where we push back on some of these things or hear from my colleagues as to any ideas that they have, but I I am frustrated about it.
>> Well, why why don't I help you with this? I think what you're trying to propose is that we amend or rather that we create a resolution urging our representatives to pass I don't know if the term is corrective legislation but in other words to pass legislation that
clarifies that SB 180 uh is only for the purpose it was stated it was intended for which is to help those uh you know hurricane ravaged areas on the southwest coast to recover. Right? So that was the idea is is you know preventing local governments in those areas from impeding
the rebuilding process and unfortunately it seems as if you know the the ex the uh the bill is being expanded dramatically in its scope. So maybe maybe that's what you're trying to propose. >> Yes sir. >> Okay. So just to clarify for the town clerk,
>> uh he is proposing a resolution to the uh our state legislators um you know as well as other affected uh other pertinent parties like the chairman of the bills where SB80 was heard to go ahead and uh express our opposition to
SP 180 being used for anything other than its intended purpose which was to uh support the hurricane ravaged areas in the southwest coast. All right, that is a motion. Is there a second? Second. >> All right. It's been moved in the second. Any discussion? >> Yes. >> Okay. Councilman Herszburg.
>> I I was ready to vote to join the lawsuit. It's $10,000. You saw my little tangent. I went on and I'm go fix that when we discuss my ne my item. Um but the law is it's bad law. Let's just be clear and town attorney correct me if
I'm wrong. If a hurricane if a tropical storm hits 90 miles away and we just have some branches fall, this law affects us. Basically, the way that the law is drafted, it covers the entire state and then it it basically preempts
any local government regulation prior to August 2024. So, anything that was more restrictive than existed prior to August 2024 is as it says void prounk >> and >> no void abonitio. and resolutions are
great, but at some point and and we've seen the legislature, and this is not against anyone. This is a the body, both the House and the Senate, continuously erode at local local rights, local power of home rule, the only way we're going
to fix it is through the courts. I I think unless we really push and and try to get the I I live local had some changes. I mean, there's ways to try to do it and resolution's good, but um it just every year there's something else, something else, something else. So, um I
just hope that we can try to figure out how we can take that start making that happen a little bit less some. I mean, really just let local governments do what they're supposed to do. Uh so, obviously, I'll support the resolution, but this law needs some changing. It
really does. Why don't we take the motion and then this as a motion as a separate motion to remain to the issue? >> I think there's like I think there's fair points to be made on both sides. >> Wait, are we talking about like whether to join the lawsuit or not?
>> Exactly. Like that should be its own separate motion. >> Well, I didn't make a motion. >> Well, yeah. He's not want it should, but but no, he's not he's not trying to propose that we do that. He's just proposing that we uh that you know that he was ready to go that far, right? And why he feels that
that is the the only option left to us, right? >> Well, Vice Mayor, would you second that motion? >> I I >> to join Okay, I'll I'll make a motion amend. I think we should spend the $10,000 and join the lawsuit. >> Yeah. >> So, wait, hold on. Hold on. Because right now we're on Councilman Fernandez's
>> uh item. So again, I I see what you're saying, Vice Mayor, but just to be clear, the problem with that is that if it's either got to be part of his motion, it can't be just a new like again, and back me up here, um, Mr. Parliamentarian, right? But I don't know
that you can bifurcate them necessarily, right? You know, because it wasn't, you know, like it's one thing if you tack it on and make it an amendment as part of the main motion, right? And yes, there is an argument to be made that it was Germaine because it was raised in the memorandum that the lawsuit was being discussed, right? But I'm not sure what
the proper posture would be here, right? Like it it would have to be an amendment or can can we have two separate amendments even though he didn't come up with the other uh uh or two separate uh MBIs? Basically, >> I I I believe that what he uh his motion
would be amended. If after it's amended, it is seconded and it's added to the primary motion that's on the table, then if you want to have the question divided, that would be a separate parliamentarian motion that you make to divide the question. >> Okay. Okay. Got it. So, take it together then separate in essence. Okay. So, so
there's a motion to amend the uh the main motion uh which is just a resolution to include our participation in the lawsuit. And uh it's been seconded by the vice mayor. And so with that, we're in discussion. Mr. Vice Mayor, do you want to kick us off in discussion?
>> Yeah. So I can't support it. And and the reason why is this town is so uh tired of litigation. Um it's an important issue. Uh it really is.
What gain do we give to the litigation by being in it? There are who joined us on the blasting litigation? We're carrying that banner all by ourselves. And guess what? We have no choice but to carry the banner
because we have our version of this resolution but for blasting, you know, uh committing to to going after the blasting litigation. So now Homestead is in the same boat but with SP uh what is it? 280
>> 180. Yeah. Yeah. Um they're going to go after this and what I would recommend rather than us jumping head first into this cuz it's 10,000 now. I we we both know we all know 10,000 in the legal
field goes quick. Um rather than that I do see us being able to participate in the lawsuit as an amikas. Um, I would like to ask our attorney to now begin including in their monthly attorney's report an update on
the status of this homestead litigation and as soon as the opportunity arises for an amus brief that we do one and I think there we are covering we are participating and we are assisting the city of Homestead in a worthy battle while not exposing ourselves to
protracted litigation. >> I I like I mean you want to do a strike all. I like that. One thing I will note though, the way this fee structure works, it's a flat fee. It's 10,000 for the case, 5,000 for appeal, and then I think 3,000 for Supreme Court. So, it's something that can go ary and
protracted. But I like your I like your idea better. >> Well, for the for the reason stated by the vice mayor so eloquently, you know, again, the the fact that again, we we were tired of litigation. We have in my view again like u you know we've unfairly been saddled with the with the
burden of everything else related to blasting even though everybody else been uh uh everybody else has been affected including Homestead right you know so I think they're a much larger city with a lot more revenue sources they they can carry this on their own and ask whoever else they want I like the vice mayor's idea I'll second the strike call though
incorporating his ideas any any discussion on the strike call amendment all right seeing none all those in favor of the strike call say I I >> oppose. No. And the eyes have it. The strike call is approved and we are uh on
the uh the main item as amended by the strike call. Any further discussion? Seeing none. All in favor say I. I. >> All oppose. No. The eyes have it. Item Congratulations Councilman Fernandez. Item 16D
passes. And we are now on 16E technology upgrades by Councilman Sanchez. >> So my item kind of piggybacks a little bit on Councilman Hsburg. So goes to show, you know, great minds think alike. Um so just to give a little bit of background, I feel like our town has a
bit of antiquated software when it comes to our online platforms and things like that. So I'd like to or they don't communicate with each other. I'd like to have a discussion um with IT and our building department to discuss ideas on
current software or current software that's out on the market that would maybe be at a lower cost and enhance the user experience. And that would allow for residents to apply for permits and inspections online. It would allow for online submissions and tracking of planning department requests by staff and the public. And it would enhance the
phone app with new features. So, >> is there a motion? >> I I my motion is to approve this item so that I can meet with building and IT to see what's possible. >> Wait, wait, wait, but you don't need you don't need to you don't need this motion to meet with them, right? >> Yeah. You just need to ask the manager over there. So,
>> but based on the charter, it has to be that the council approves for me to meet with them. >> Mr. attorney. Is that accurate >> that if if the if if uh Councilman Sanchez would like to meet with staff um that he needs an uh the passage of an
MBI, he can't just ask the manager. >> He can ask the manager if it's for purposes of inquiry. >> You may do so. >> You may do that. Yeah. >> Okay. This is not needed. >> No, no, >> no. I mean, it's it's fine if you want to make it into an MBI. There's nothing wrong with it,
>> but it's not obligatory. >> Yeah. >> Okay. >> Yeah. like us voting this up isn't going to change the fact that you have access to staff through the manager. >> Well, I also like to know if the if the >> and we can't we can't override the manager you to meet directly with staff you know with you you get what I'm saying like per the charter we any
meetings with staff any meetings have to run through him or her in the future if we ever get her >> I thought it was at the direction of the council. >> No. >> Okay. >> To the extent that councilman Sanchez is just looking to see the feeling of the of the council on this technology upgrades. Let me
>> Yeah, me too. >> Let me >> and we're working on it. That's what the convenient business licensing is all about and everything else. >> I'm sorry, Mr. Mayor, if I may. >> You may point. So, if you want to direct staff to do something, then yes, that requires the direction of the entire council. However, if you just have a
question, you need to meet with staff, then you can do that, you know, just through the manager's office. >> Okay. >> All right. >> He can and would have to, you know, per per what is it? Article three or four. I always get refused. >> Okay. >> At any rate. Okay. >> Okay. So, you're good? >> I'm good. >> All right. And then I'm sure you'll come
back to us once uh you've had that meeting. Okay. With that, we are now on item 16 Oops. 16G a part, pardon me, 16F, fund restriction removal by Vice Mayor Mora, which
requires a waiver of 7.2 of the special rules of order. >> I move for a waiver of uh section 7.2. >> The waiver has been moved. Is there a second? >> Second. seconded by Councilman Hsburg. All those in favor say I. I. All oppose, no. The eyes have it. The waiver is
removed and we are now uh and you are free to go ahead and introduce the item. Mr. Vice, >> thank you, mayor, and thank you, colleagues, for the waiver. Uh I move to direct staff to take all necessary actions uh including coordination with the developer of the Lucida development if required uh to effectuate the removal
of the existing restrictions on the uh $240,725 currently held in the special revenue funds other account. These funds Oh, I'll pause there if anyone wants to >> second. >> Is there a second? >> Second.
>> It's been seconded by Councilman Hzburg. Uh >> just finish off the thought if you'd like. >> Okay. Well wait we'll go ahead and finish it off. But yeah but next time just just finish your your whole thought and then you know wait for the sec. >> These funds originated from the Lucida development and are presently restricted
uh for the acquisition of new park land new parkland or green space. However, over the past several months, this council has consistently expressed a preference for prioritizing the proper maintenance and enhancement of our existing parks and public spaces before
pursuing additional land acquisitions. Uh given that I do not foresee the town acquiring uh new park land in the future, uh it is both practical and fiscally responsible to release these funds so they may be redirected for purposes that more immediately benefit our residents and taxpayers.
>> Second through the for discussion. Well, well, well, yeah, it was seconded already by Councilman Hsburg, which I'll go to him first. Do you have anything? >> No, I I I agree with the vice mayor's item. >> Okay. Uh, Councilman Garcia, because clearly you want to speak. Yeah, >> this is in line with what one of my my
new business item as well to >> identify more >> end the restriction uh pass an ordinance that ends the restriction of just for new park land and to open it up to uh you know using that money for existing uh to fixing you know the parks that
exist that that would that was something that in my new business item. So I'm I'm for that to open it up open it up the parameters. >> Well, so I have a a question. Yeah, because I thought staff is already working on on this, right? Uh- with anything involving open uh spaces,
impact fees and all that. >> Yeah, this is >> I know this is pursuant to the development agreement. So, just maybe the the question is actually to you. What you're trying to do then is just work on uh you know work with the developer to remove that restriction and move it into open uh spaces impact fees
or or what are you trying to do? I'm trying to put that into the general fund uh or or into a different uh special revenue fund. Right now, it's restricted for that purpose, >> which >> we do not reasonably foresee buying new
park space in anytime soon. Uh >> or uh what was the other part of it? Yeah, parkland or green space. The only al the only possible acquisition that we would do the part three is par three and we we all know how complex that
transaction is it probably 240 won't wouldn't even like make a difference in that. Well, again, when paired with everything else in it, it could. But um >> but but even then, I think that we can put this into uh our general >> and give that money back to our
residents through your program, for example, on the what is it the the tax stabilization fund. Uh I think we gave it back to them, but at least you know saving it for the future so that we don't have to >> they don't have to increase taxes. Um, you know, this was a fund that had I had
access to it during the budget cycle, we would have been under the flat rate. >> Actually, no, I don't believe so. Right. Like how much you >> 240,000. >> We were $400,000. >> Okay. Just wanted to be clear. Just wanted to be clear. >> We would have been instead of at uh
2.15, we No, I get you. I been at like 2, >> you know, one something like that. It was an opportunity that we lost. I'm going to vote. Yes. This was there. >> All right. So with that you Mr. Attorney. >> Okay. So >> Mr. Vice Mayor I can come back with you
with a little bit more of of an answer and we can reach out to the attorneys. But two two things to to keep in mind. First of all, usually uh this money was part of a development agreement. Usually development agreements are done um as you know in a manner to be able to
mitigate the impacts of additional um of additional developments especially in this case where it was for affordable housing. So in that vein, it would probably have to be for a specific type of impact, usually for park and open spaces. Any anything that we we finally
are are able to accomplish will need to be done through the developer agreeing to it. So those are the two things kind to keep in mind, but we'll come back and definitely we can work on unrestricting so that we have greater latitude >> primarily directed towards you. Uh I figured that it would be a primarily
attorney item. Uh and that being the question as I as I actually phrased it as um if required right talking to about in that first paragraph um coordination with the developer the Luca development if required that's really a question towards you of if their involvement is
required if it is great let's reach out to them >> y >> and I think that the Luca developer is long gone uh >> right >> no no they still own the building it's >> rental the developer still owns the building >> I I believe so it it is uh a gentleman
and then it was sold to a group that finally developed it. >> Okay. So, yeah, I don't think that they're going to have an objection as to how the funds are used if I'm being honest. Uh and if they do, I'm happy to meet with them directly. Um and then uh
that's my any further discussion on this. >> All right. All those in favor say I. >> I. >> All oppose? No. >> No. >> Okay. One no. Um a so madame clerk that is a five wait yeah five yays one nay
coming from Councilman Fernandez >> everybody you know make him feel awkward just kidding >> no he was the odd man out on that vote but with that I'm just kidding no he he he's sticking by his principles as he should you know all right so we
are now on 16G resolution and letter supporting responsible property tax relief and protection of local control and small government by Councilman Herszburg. You are recognized to introduce your item. >> Thank you, Mayor. And and I went a little bit on a tangent on my on my memo about the small government. Uh I was
just thinking to myself, the only thing I hate more than than mulch is legislators preempting us. But um so I I would focus this this item on property tax relief. We've recently seen multiple
options that are very likely going to go to the 2026 ballot. For a town like us, I do believe at a at a certain point, this is an attack on our existence depending on how these options are are laid out and restrictions on what we can
do. Uh so with that said, uh and I know the city dural recently passed something as well similar to my idea. I believe we should pass a resolution making it clear that yes, property tax relief, everyone, no one likes taxes. Like, let's let's
get property tax relief, but it needs to be done responsibly without unfunded mandates because there are towns like us that have low millage rates. There are towns, there are municipalities in Miami Dade with millage rates that don't even have
fire service in the sevens and eights. That's not us. Go after them, right? Um, so my but I also think we should include a little bit more and we've done it before. I I know we did it for blasting, but we should look at potentially doing
a joint letter. I'm happy to provide a first draft or something uh to go along with that resolution signed by everybody as long as you agree um to ask for that type of responsible action. Uh, you know, one thing I will mention, I I've
told people this, we continue to hear uh over and over from from people of the state, which I I think a lot of they're doing good job on a lot of things. We I guess happen disagree on some of these items about, for example, flat millage rates, right? Uh at the same time, the
state sales tax hasn't moved since 1988. So, they're enjoying increase in the cost of goods. Yet, if we keep our millage rate flat, we're raising taxes. So, let's let's get on even playing grounds, right? That's all I'm saying. I think we should join cities like Dorado.
We should maybe look into joining with other municipalities as well, asking for responsible relief that's not unfunded, that leaves us in a good place, which does provide property tax relief, but at the same time allows municipalities continue to
give essential services. So, um that would be my motion. I'll second. I'll second it for discussion. Councilman Herszburg, can you elaborate because I I was not aware of what the city did. Actually, I remember seeing a an Instagram post about it, but I don't know what the contents of that letter were. What exactly did they state or in
their resolution? What did they state in their resolution as far as, you know, what they were doing, >> right? I'm happy to defer to the person who likely wrote the resolution. So, >> wow, you traitor.
>> All right. Go ahead. Tell me, >> I'm your town attorney. Okay. >> Yes. >> Uh for the record, um >> there was no resolution that was passed yet. They did do a workshop though discussing uh and I believe that there will be a resolution that will be considered. >> Now, going to to what you mentioned, uh
Councilman, there were about eight bills that were passed by the House last week. uh and they run the gamut like you mentioned of completely getting rid of all homestead uh taxes which would decimate I mean I think would be horrible for for this town uh and and
for some cities I think would not be able to survive that and some run the gamut of just getting rid of uh veterans or seniors uh exemptions. Uh so that's something that if you want to a workshop could be could be had to figure out what the impact would be for the town of Miami Lakes. I don't want to give more
work to finance, but I think that would be an interesting exploration uh and then come up with a resolution as to what we want to support. >> Yeah. And um my thoughts on this and I and I support it and I'm down to do a resolution down the line perhaps, but we don't know what's going to come out of
this whole process yet. Right. I've spoken to Representative Fabricio, Senator Avila, and and a few others to get their feedback. And so far, I've been getting kind of conflicting information about what is going to be the like likely proposal. I would even argue that the likely proposal has not
yet been announced, you know, um and and part of the what tells us a lot about that is that the Senate it has not even really started having their deliberations on this and in fact the last official statement from uh Senate President Albertton on this was that you know we're just watching you know that
we're you know waiting and seeing. So, I don't my my So, my my follow-up question to you though is then in this resolution, what exactly are we including as a substance? What are we asking them or urging them to do? >> You know what? Um, well, what we'd urge
them to do is let them know that they should reach out to municipalities like us before they make decisions on putting these things on the ballot because let's be honest, if there's something on the ballot that says we want to lower your taxes, it's likely going to pass, right? Uh, they should reach out to
municipalities that by like us that the vast majority, if not almost entire amount of our re property taxes pay for our police. They likely don't even know that that there's municipalities around that the property taxes all they do is pay for law enforcement, right? When you
if you tell them, by the way, you know, you're going to lower our taxes by this amount. You might be cutting into law enforcement. You're go be cutting into essential services, right? I do agree. Maybe we should >> get the get the numbers from finance first, right? Get that come back to us
so we can get those numbers and then create the resolution that has actual numbers. Well, not just the numbers. The big thing is we need to see which proposal is going to be most likely because if we're just spraying and praying as the term goes, right? You know, like it just it just seems like too generic that they won't that they won't take it seriously, right? I think
we need to wait. I think either two things actually and I'd be and actually Lorenzo, if you can please stay on top of this to help me out and JV, you as well. um you know when the select committee on property taxes from the house starts to meet if you can just give me updates whenever they do um and
perhaps you know cuz I don't know if they're done with committee weeks already on their end but perhaps I can take a trip up there and and you know be part of the public testimony on that issue. Uh alternatively again like you had mentioned if you want to take the first stab at a potential letter that we would all sign I'm I'm open to that. I
just don't want to give a generic thing that's not going to be focused on on you know what the specific impacts of of a proposal or the other would be. >> I I understand and I get I get what you're saying. We should see what what the proposal is. But I guess my my point is we should invite them to talk to us
and get with us while they're thinking about what the proposal is because we we should be wanting to give our input now before they make their decision what the final proposal is. >> Yeah. So then they could >> that's going to be likely again you know how this works by now right you know so that's going to be in in the well in
this case in in the winter you know because they're going to start in January now so uh that'll be during session uh so we will have an opportunity for days and otherwise to go up there express ourselves obviously the manager and I typically go earlier on in session to kind of get a leg up on
appropriations and whatnot be more than happy to bring it up there um but yeah like if you want take the first step of this letter I mean I don't know uh Mr. attorney, what would be the best way to go about it? Given sunshine or whatever, but if he wants to take the first stab at a letter that then we can all sign on to, you know. >> Yeah. You're you're voting on it in the
sunshine, allowing him to be the author and for everyone to sign in on it. So, that's fine. >> Okay. Excellent. Well, >> we have a lot to go >> in November. I mean, but he can bring back the draft in November and then then you're in the sunshine. >> Well, again, we may not even have a specific proposal again. You know how it
is. Leadership might drop uh the actual proposal in the middle of session. Yeah, but I believe that what I saw in the paper is that there's about like somebody said about half a dozen bills and they said that several of them may actually go on the ballot, which I'm not
sure how that's going to work because there's a compounding effect. >> But remember that the Senate has to agree with that, too. That was the speaker of the house speaking on that, but the Senate President right now seems to be very cool to the that idea >> from a staff perspective. In the meantime, we're going to take we'll take those half a dozen and we'll start working on trying to price them out and
and figure out what the impact of each of those individually would mean to the town of Mommy Lakes based on this year's tax roles. >> Okay, perfect. >> Let me Yeah, let me take a draft of the letter. We can bring it back and discuss it in November and then determine how we want to proceed. You're right. Maybe we
wait until the session to actually >> make that thing. I agree with you, man. >> Okay. Um, again, we still have a lot to cover here and we're already at 11. So with that said, uh is there any more discussion on this? Seeing none, all those in favor say I. I.
>> I. All oppose, no. The eyes have it. Uh 16G is passed and we are now on 16H. My item on the Miami Lakes Treating Nursery. Look, as the as it states here, this is actually something born out of a brainstorming session. I mean, you know, a uh you know, we all know Dr. Velasco,
who just donated $10,000 uh dollars worth of uh new trees to the town. Uh during the campaign and even before the campaign, uh he and I would uh frequently speak about his concerns about losing the tree canopy and also about what we can do um to prevent
further erosion of the canopy. And actually one of the ideas I threw out there that he was in in agreement with and I and I said I would do it after the campaign and and here we are now uh is exploring the idea of a tree nursery which I think if we find the right site and let's say the stars align especially
now that Durm Durm's authority has been diminished somewhat after the last budget process and we let's say we were to get the part three that could make a good site for a tree nursery that where we can you know grow trees that eventually when we need to replace them would obviously cost a substantial less
over time to go ahead and and replace whatever trees we need to and we can continue doing it in a sustainable way you know uh where we get the next generation next generation uh and cut our cost that way long term additionally make even some some money on the side perhaps you know so that that's where I
like this idea to explore again this is purely explor exploratory no commitment to doing so >> um but yeah that is what this is that is my motion to go ahead and direct staff to go ahead and explore this been moved and seconded uh by Councilman Garcia All those in f any discussion? Okay. Uh, Councilman Sanchez,
>> instead of purchasing a piece of land, would it be conceivable to possibly lease a piece of land from of Miami ex? >> No, why not? But again, this is this is really just about having them explore. Uh, you're right. I I think I did put about purchasing land, but >> owned and operated. >> Yeah, owned and operated. But, uh, well,
I guess leasing is a lease is a type of ownership. >> You know what I mean? We're getting technical here. At any rate, um, with that said, okay, so yeah, that, um, that's 100% it. The idea is just to have a tree farm or to explore the potential for a tree farm that is ours, right?
>> Right. As a way of cutting cost and and perhaps even maybe well, you know, specifically cutting cost and protecting a tree canopy, plain and simple. Anything else? >> All right. All those in favor say I. I. >> All the eyes have it. Item 14 H passes
and we're now uh Councilman Garcia, you're recognized to introduce item uh 16 I, 59th Avenue project guarantee. >> Thank you so much, Mayor. As you know, we've been uh discussing the 59th Avenue project and we've made some progress. Um I I I know there was some concern from
my part as to the timeline of the completion, which was set about 3 years. I'd like to do everything possible to mitigate that to a year and a half or less less than two years knowing that time means money especially with inflation and construction cost. So what I'd like to recommend is the continued
um uh pursuit of a project manager uh to hire a project manager who is focused and has has experience when it comes to these types of projects to not only take take not take the lead but help help the staff and move forward as quickly as possible. uh to try to lower the the
level the time frame of three years to less than two. I think the only way this project is going to get done and and get paid for honestly is if we bring it in between a year and a half and two years. If not, I think the costs are going to get too prohibitive. We have the chance now to perhaps spend a little money, but
save millions in the in the construction cost by hiring a project manager to to uh to take take this on and and move this forward and and try to complete it in a timely manner. Less than a year and a half or two at the most. >> Is there a second? Oh, pardon me. Go
ahead. >> No, no. I'm just saying three is unacceptable to me. >> Okay. Is there a second on this? >> I'll second for discussion. >> Seconded by Councilman Sanchez, who is recognized to uh discuss and then the vice mayor. Councilman Garcia, I'm just wondering um is there a specific fund
that you have identified as to where we would pay for the new project manager? >> It would come from the the the funds that we the capital project funds that we have for this specific project. >> Okay. >> Absolutely. From this specific project. So it would come from there and I guess the I guess I would ask the uh town
manager to also opine on that. So where we can get that money from and again they would have to put this out to bid and and see how much it is. uh if it's prohibit cost prohibitive I understand but I I think it's going to save us money in the end a lot of money in the end by saving time >> so it would come from the funds that are
already allocated for this project >> yes it would >> if there is any wiggle room because if everybody's if if all the money is already accounted for within that project >> sure within the scope >> we would need to find the find the >> understandable but I think we all agree and we all know that if this project
takes three years it's going to cost at least 20 to 30% more than it's budgeted for okay >> I I mean, they're I mean, it's it's anecdotal, but everybody knows that construction costs are just skyrocketing. The longer we take with this project, the more it's going to cost. So, spending a little money up
front is going to save us millions down the road. >> Okay. >> I'm going to come to you in a second, Councilman Hsburg, but I do want to clarify a certain point here. We already have this um I think it's a consultant, Kimberly Horn. uh Kimley
>> Kimley horn >> whichever one uh that already serves this function. I don't see how hiring an additional person would save taxpayers
time and money. I get what you're saying that delays in the project cost money because the price of materials and labor increases over time. I want to assume that is factored into a lot of this stuff right now.
>> Uh the timeline of this project shows it ending in 2029. Uh so if that being if that is the case, I would like to assume that our staff has enough brain power to understand that it has to estimate the price based on a
completion of 2029 and the inflation rate, the increased price of labor. I hope that they would include that. Uh if they didn't, that's a different story. >> Through the chair, um to the vice mayor, it's my understanding that the the
current uh project manager is used as needed. Is that correct? He's not he's at this point he's not controlling this process. >> Right. If you want, I I can go through a synopsis that Omar put together for me. Um, oh
>> uh, we issued a a request for qualifications for a consultant as directed by the by the u by the council. So the RFP was open to both individuals and and firms. Only one firm submitted the uh a proposal, Kimley Horn. Um, the
goal of the RFQ was for the consultant PM to lead the project. However, during negotiations with Kimley Horn, their attorneys proposed several changes to the scope, shifting the role from a leadership position to more of a supportive one. Staff and Kimley Horn spent considerable time discussing the
original intent of the scope. At one point, it seemed an agreement might not be reached. Fortunately, we're able to agree on a revised scope that preserves most of the original intent except that Kimley Horn will not operate completely independently. Town staff will still need to remain involved in the project.
We are currently in the process of issuing the first work order for $50,000 of service and we have an estimated total cost over the life of the project of $140,000 and we have that budgeted in the project as we speak. So I think in
essence this may be other than the fact that Kimley Horn was not receptive to being an independent lead uh agent. They're going to be uh project management as uh things are assigned.
They're going to be re uh reviewing the design for uh areas where it could be improved or uh time can be cut off. Uh but that's the synopsis of the process that we went through already when this was brought up by several months back >> through the chair to the manager. What
is it about this project that that a a company that specializes in projects does not want to take leadership role in? >> Well, mostly >> what was there what was their push back? >> Omar, I I don't know if you want to opine on it or you were intimately involved in that.
Good evening. It was nothing in specific. It was just in general um when it came to making calls on certain design changes or catching design flaws um and just certain risks. They didn't
want to be the final call. They just wanted that to still lie with it with the town. So the town town staff would be the one to make the the final call. They would make the recommendations for review, send it to us, to me in this case. I would do a final review. If
there's anything wrong, they would always have >> and the option to to >> What was the reason they gave? They just don't want to take responsibility. Isn't that what we put the RFP for? To to get someone to lead the project. >> Yes. But in the end, it's up it's ultimately down to a negotiation of the
scope. So when we say we're looking for someone to lead a project, their response was sure, but we don't want to lead the project. >> They they'll lead it to a certain point in the scope. >> Okay. And what's the difference between them how much time is lost with them
not taking that responsibility? Like the whole point of this for me was to get someone to not take things off your plate, but make, you know, anticipate issues, save us time and effort. Now, are we sa still are we saving time and effort hiring them? We're paying them
how much? $140,000. >> That that's what's in the project budget as an >> saving time by having them have to go do exactly what I'm trying to save is having to every single thing go through the town. Hey, can we do this? Can we do that? What I'm trying to do is save time. Are we saving time with them? Are
we wasting money is what I'm trying to ask. >> It's it's possible either way. Um, the way I would see it and the intent that the the past council uh had with this was for them to
have additional resources to go ahead and accelerate those reviews. So, they would have dedicated team. Again, it's a part-time because they're not working on the project every day, but they would have uh right now it's two team members within Kimley Horn that would go through
those reviews. Uh, in theory that would go faster as two people instead of one with the town and then that would that would generate a report that would be sent to us. >> Are they saving us time? Are they saving you time? I guess the question I have to ask you >> me time in the end? Yes. Because I wouldn't be doing those reviews fully.
>> How much would you anticipate in months? Are we saving having them do what they're doing right now under the current contract? >> That would be difficult to estimate. >> Well, that's the question. Yeah, we they haven't really started doing anything, council member. Th this is all just
recently uh finalized, right, Omar? Have you issued have they started doing anything >> with the project yet? >> We're we're at the tail end of that work order. >> Okay. >> Okay. So, let me just a little history. >> And we haven't stopped the project. The project kept going. But >> I know I I brought this up. The former
mayor brought this up. The former council brought this up. >> We've been kind of asking for a project manager to start from the beginning to help save time. Mhm. >> How many How many years are we into this project already? From the time it's been approved financially to the time you actually started.
>> Like since Okay. It's been a couple years since the last council. >> Before my time. >> Okay. No, but when we approve this to get a project manager, it's been what? Two years already. >> A year. >> A year. Roughly around a year. >> Okay. It's been a year. >> Yeah. >> And we're just finalizing the contract.
>> The whole point of >> No, no. The contract was was already issued for negotiation. We're finalizing the work order. But no, no work has been done on their part. >> No. >> And there's the rub, right, guys? We It's been a year since we passed this to
try to get this done so we can save time. A year has gone by of time wasted. This is the point that I'm trying to make. For some reason, every time we try to come up with ideas to help you, help the town, help the manager,
make this timeline shorter, it takes a year to finalize the scope of their job. So, no time has been saved in this year. I mean, >> well, you also got to understand they have to agree to the scope. So, if there's no agreement, they're not going
to proceed. >> Okay? But I would love to have heard this nine months ago. By the way, we put it off to RFP. They agreed. They're not agreeing to the scope. Okay, let's put it out again. I'm just finding this out now in a sense where hey, I'm trying to save time, but by the way, a year's gone by.
>> But council member, >> work has has been progressing. >> Guys, I know work you you're doing the best you can 100%. But do you realize my frustration that it took a year and we still haven't come to an agreement on their scope of work and you haven't put
a work order in in a year? I'm just saying I would have loved to have heard your idea to save time is not saving time right now because of these issues and perhaps nine months ago I would have said well okay let's put it out to RF again let's let's change the scope let's see what we can do the whole point is
the same time we're not saving time a year has gone by appreciate everything you're doing because you're doing everything you can and the manager is doing everything he can to pass this but if if I mean I don't know I just I I just think this is a failure if I
Why don't we do this? Let let's let's let some of the colleagues who also had some questions chime in and then if anything we can we can uh circle back. Uh Councilman Herszburg, I know you had a point on this. >> No, I I think my question was answered. Um I I I I share I share some frustrations
if if we if this bid happened over a year ago and nothing they haven't is it that they haven't want to do work or their their their purpose hasn't come up yet because they're more in the design build. >> No, no. the the delay there was in the negotiation because
we structured the original scope for them to take over the project but there was push back on that. Then we asked again hey the the goal was this that the the changes that are being made are pretty much removing the original intent
or the spirit of this of contract. In the end like the manager mentioned in the email I said it seemed like negotiations had just died out and then We came up with a solution to >> to the manager. Have we approved the revised contract? Because that seems completely outside the scope of what the
prior council wanted. >> Well, I mean, it's project management, right? It's it's it's kind of like a broad uh scope now. The the devil's in the detail, right? And that's what Omar's been working on with them. That one thing about them taking o taking it
over. And remember Kimley Horn like you mentioned, right? their design, construction, engineering, all of those things top line, right? But so many other pieces of this, the legal piece, the uh negotiations with the Miami date
school board, the conversations with Caterpillar, uh the the finalization of the acquisition of that uh warehouse. None of that would Kimley Horn have been involved in. that would have taken other disciplines that you know that were
necessary and we our our team through all of the different pieces have been able to bring those uh those things in. >> I mean I I wouldn't call whether or not they were supposed to be a project lead and now they don't. I don't think that's
a small detail. I think that's a massive change in complete scope of what the prior council wanted. Uh, so maybe I don't know, maybe we should ask for another another bit >> to to clarify and I'll double check this with through the manager, but the original intent was
for more of an assistive role. Um, we issued it with the intent to to lead because there was a appetite for that. But I think from the meeting minutes when I reviewed it, it was more of a of an assisting role >> and through the chair. Uh, but they're
bing on on even that, right? No, no, no, no. We're So, we we already made the agreement has been been executed and they're ready to start. >> They're ready to start as a support role, not a lead role. >> Yeah, but it's I would call it 99% would
be them reviewing everything. >> How much time do you think that'll save you in the overall project if they take 99% of the of the lead role like you mentioned? I would I would have to discuss that with them once they get it started, once they they they see the meat of the
project, where everything is at because remember we have to do a transition of what I know, what I've been working on and handing it over to them. >> Okay. >> If I can just get my my my comment on the record here. Look, >> the item as stated, I can't support it
because it's an impossibility. There is no firm on planet earth that is going to be willing to give you a guarantee that the 59th Avenue project will be completed within a year and a half. No one, they're not going to guarantee any timeline. As a matter of fact, much less a year and a half.
That's just not going to happen. No firm's going to do that. No firm even wanted to just get be a full-time uh fully responsible uh party. The the the reason why is simple. It's the old CIA, right? They want someone else to point
the finger at. They want the town to be ultimately responsible, which in all fairness, the buck stops here. We are ultimately responsible. It should come to us and it shouldn't be a a detriment to the project that it has. That should be the fastest part, right? When it
comes to the town. Um, at the end of the day, the the first reason I can't support is because it's a waste of time. No one is going to guarantee the guarantee part is the is the first reason I can't support it. The second reason I can't support it is
because we have entered into an agreement with them. I do want some clarification on one thing in a moment. But um whatever happened with those negotiations is now finished. I don't
want to now start negotiations again with someone else and and only delay this further because it's my understanding that all the negotiations are now done and they're ready to go, >> right? >> Yeah. If if I can add >> when you said okay, hey, the the the
contract part was done about a year ago. I remember it was during my time. Um so so it's within the last year and a half or so. Um when when when you say okay that that was an
authorization to >> to negotiate >> it was an ITN >> at that point it was authorization to negotiate and upon mutual agreement award the contract. >> Okay. Um so then when was the contract awarded?
>> About two months ago. >> Two months ago. >> Rosa's not here. About two or three months ago I think is when we executed. Oh, >> it was awarded by the council many many months ago. The execution of the
contract by by us cuz we had the authority by from when it was uh initially done. Um so the execution of the contract was done a couple months ago. >> Okay. So that being said, um it's another reason for being not to support
the item, not by anything of your doing, but but rather, no offense, the ones that may have dropped the ball is our staff uh in taking so long. This probably should have come back to us. If negotiations
were taking that long, I think maybe at the four to six month mark, you probably should have came back to us and said, "Hey, these negotiations are taking a while. Here are the sticking points. You know what? What's some direction you want to give us?" But I do think that
taking a year to negotiate a contract, that's a that's an excessive period. I mean, there was a whole election between one one point and the other. So uh again it's not a it's done right the
contract is executed. What is the the what did you call it? A change order. >> Work order. >> Work order. I'm sorry. What is the work order part of it? >> The work order is when we have a contract that's when we actually issue the authorization to start work >> on on the scope that was agreed.
>> Okay. So the work order has been issued. >> We're we're about to issue it. When you say about to, I've learn I've learned to not like that word. Uh uh when you say you're about to, am I going to hear at the November meeting that you're about to? >> No.
>> Okay. In that case, look, let let's let's allow the people who we hired to do something to do something. It's not their fault. It's kind of our fault that we took this long negotiating. Let's let you know a
sleeping dog lie. Uh at least that's my two cents. So through the chair hearing this I will withdraw uh this part of the motion but I I withdraw this this MBI but I would like to uh or actually
no no I'd like to kind of like withdraw this or change it and add just add one thing. >> Well at this point it's been moved and seconded. So remember that you would have to um move to lay on the table indefinitely. Then I'd like to >> not inde it doesn't have to do. >> Well, he needs to lay it on the table. >> Well, I like I'll lay it on move to lay
it on the table. >> And if it's not indefinitely, then all right. All right. So, I'll second that. All those in favor of the motion on the table say I. I. >> All oppose? No. The eyes have it. The motion is laid on the table. And we are now on item 16J
by Councilman Sanchez, police presence at Bob Graham Educational Center. Okay. >> You're recognized for a motion. Okay, so a bit of background. Traffic in the afternoon hours for the release of students from Bob Graham Educational Center has been a topic of frustration
for many years. For quite some time, the town has staffed six sheriff deputies, which causes overtime expenditures at Bob Graham Educational Center to control traffic and bring some relief to the area. While other schools within Miami Lakes are staffed with only two
deputies. On the 23rd of September, exactly four weeks ago from today, a sunshine meeting was held to discuss traffic solutions with members of Miami Day County Public Schools with a follow-up date for a meeting to take place four weeks from that meeting to review the ideas presented and return
with feedback for possible steps. The meeting that was supposed to take place four weeks later still has not been scheduled as of today, which shows disregard to our intentions to alleviate traffic congestion for the area in proximity to Bob Graham Educational
Center. I'm going to amend my original recommendation that would have instructed the town manager to reduce the amount of deputies from 6 to two to show Miami Day County Public Schools that the town is collaborating with traffic mitigation at the cost of
taxpayer funds. My amendment would be for us to continue staffing the sick so that our residents don't get affected in a severe way by the traffic that would cause by the the reduction of force by our officers. And it would be to
instruct town staff to create a budget, a an estimate as to how much because based on my calculations on Google Maps using the measuring tool, we would need about a thousand as a phased approach, we would need about a thousand linear feet of a new fence
to be the first stage of it. The reason why I'm doing this is because November 21st, if we want to go for appropriations to at least try to start this project from Tallahassee, we would have to submit to them that appropriation request by the 21st of
November at 5:00 p.m., which we're basically up against the clock. in order to at least get the ball rolling with a 10- foot fence that would allow for pre-staging of at least already 70 with 2,000 linear feet with the project entirety of everything that I'm looking
for would allow to stage 135 cars. At least doing half of that will alleviate some of the traffic. But if we can get at least an estimate of how much it would cost to do based on the piggyback contract that we did earlier this year with the city of Miami for fencing, how much would it cost to do a thousand
linear feet of 10-ft fence at Bob Graham so we can at least get the ball rolling for appropriations? >> Second. >> Thank you. >> It's been moved and seconded. Any debate? >> Yeah. >> All right. Councilman, >> question. Councilman Sanchez, it says here you want to lower recommendation uh
reduce the amount of deputies from six to two. I amended it. >> That was the Oh, okay. Okay. Okay. That was That was >> I amended it. >> Listen, I'm I'm in total agreement with this. Again, this council and this staff is the ones coming up with these ideas
and we're being the proactive ones. So, again, no one can say that you're not trying and we're not trying to to make this work. So, thank you. I I'll prove I'll vote yes on this. >> Okay. >> Any further discussion? All right. Seeing none, all those in favor say I. I. >> All oppose? No. The eyes have it. Item
14J or excuse me 16J passes. Um and we are now on item 16K grants protocol by the vice mayor who needs to uh move to wave 7.2 the special rules order. >> I move to wave section 7.2 of the special order. >> Is there a second? >> Second. >> There's been a second. Uh all those in
favor say I. I. All oppose? No. >> The eyes have it. The rule 7.2 is waved. Uh with that, Mr. Vice Mayor, you are recognized for a motion. >> Thank you, Mr. Mayor. Uh just show hands. Has everyone read this entire thing? >> Yes, please.
>> Okay, I'm going to make this quick then. Uh I move to establish uniform. It's going to be two separate motions. I move to establish uniform protocols for how grants are presented to the town council specifically for all requests seeking council authorization to either apply for or accept grant funding as described
in my written NBI on page 435 through 436 of the agenda. >> Is there a second? >> Second. >> It's been seconded by Councilman Hsburg. Is there any discussion on this? All right. No discussion. All those in favor say I. I. All oppose. No. The eyes
have it. I know. I know you have a more, but hold on. Uh, let me say my piece, you know. So, okay. Item 16K part A has or a little little I has passed. All right. You're recognized now for your second motion. >> Thank you. In addition, I move that all items requesting council authorization
to apply for or to accept a grant be placed under the resolutions portion of the agenda rather than the consent calendar to ensure these items receive appropriate uh public discussion and scrutiny. >> I'm uh Okay. Is there a second on this? It's been seconded by Councilman
Sanchez. Um I Councilman Sanchez, do you have any discussion? No. >> Okay. Uh I do have some discussion on this. I won't be in support of this. I don't think that we need to bring out every grant out into uh you know a separate discussion especially if it's something that has unanimous support
anyway. All it does is prolong the meeting and add unnecessary time discussing these things that we were elected to discuss too right and the truth is that look you know there without getting into any specifics there the reality is that there are residents who just do not understand you know some
of the verbiage of these grants and sometimes take those things out of context. Right? We've seen it with discussion about DEI, you know, being brought up in certain grants that have nothing to do with DEI in the in the political sense, in the sense that we know it politically, right? Um, you
know, and was and was simply a benign mention in there, I guess, just just to uh appease some administration executive order at the time. I just don't again, as I've always done, it's, you know, I am just not going to support anything that lengthens these meetings in my view unnecessarily. So, I just cannot support
this, but that's where it comes from. It's not that I don't believe that these items don't deserve scrutiny or or even public scrutiny. It's just that I think we need to pick and choose our battles and that's why we pull from consent when we need to. With that said, is there any further discussion on on on Roman numeral two of this >> through through the chair?
>> Okay. Councilman Garcia, >> thank you. I I I just think the the um the idea because these grants that come up, especially matching grants, we got I think we're all in agreement. We got to be more discerning and find out more information. I think that's a and again there's grants but there's not thousands
of grants or hundreds of grants there's they they come along. I think discussing it in the open gives us an opportunity especially for a lot of the residents will be open to knowing exactly that especially the ones we have to match that we discussed it and if we did decide yes there's a there's because
we're held responsible then it's open discussed and they had an opportunity to opine on it. Uh so again I don't think because there's not many grants coming. I mean, there are grants, but I don't think it's going to add too much time. And I know you you like to run a tight ship, and I and I respect that, sir. But I think, you know, especially bigger
grants, I think opening it up uh to for for more discussion is a good idea. >> Again, my rebuttal to that, and I understand it comes from a good place, is that this is all public record. If a resident wants to, you know, actually learn about the grant, this information is there available to them. They can
contact any of us to pull out of consent if it happens to be in consent. Um, and then what's more is that, you know, again, none of this is ever a surprise, right? And ultimately, if we talk about being more discerning, that's on us. You know, I mean, I hope we're all asking questions where when we are in our agenda briefings, um, you know, about
the source of the grants, you know, what what are the sources paying for it, if it's a match, etc., etc., you know, again, because I understand where you're coming from, but I just don't think this does any it doesn't add to any of that level of public scrutiny. It's a the any member of the public wants to scrutinize
these grants can already do so. It's publicly announced. It's included in our agenda. All this does now is is take away our ability to say, "Okay, this grant is not controversial," which I think we can tell which ones, especially now, are not controversial, right? And if not, we'll hear about it from those uh more involved residents that are
constantly perusing the agenda and we're just taking that ability away from ourselves and again extending the meetings for no reason in my view. Um but but you know, but again, uh it it's it's the will of the council. Any other discussion on this? >> I'll just say a very rarely if ever
exercise right that we have is during the order of business when we normally pull there's nothing stopping us from adding things to the consent. >> That is correct. >> So you could in theory have it here where the default is hey let's discuss it. But where you do find that grant
item that is truly unanimous a a council member says hey I'd like to add it to the consent. I think that's fine, but I think it that's just uh adding an extra step that doesn't need to be there. That's that's the moral of the story, you know. But with that, okay. Um any other discussion on this? All right. Uh
all those in favor say I. I. Pardon me. I am not an I. You know, >> it's getting late. >> Okay. So, one more time, you know, ju just just for for clarity sake. All those in favor say I. >> I. I. >> All oppose? No. No. Okay. So I I guess
that would be uh madame clerk uh council member Fernandez and myself as nos. Uh the remainder yeses. Okay. Uh with that item 16 K Roman numeral 2 little Roman numeral 2 passes. All right. A we are
now on 16L organiz organizational structure and efficiency review by Councilman Herszburg. You are recognized to introduce your item. >> Thank you mayor. Um, and I assume everyone read the item. In reality, this is a first step of the potential to um
to look at uh this type of study, but the first thing we need to do is ask staff to go ahead and figure out what this would cost and then we can decide whether or not something we want to do. So, this is just a a first step. It's something I think we should do, but I have no idea how much it cost, right?
So, we can figure that out. I told staff to be open in all the different ways. Reach out to other municipalities. I'll reach out to other municipalities myself, but the first thing is direct staff. Figure out how much a a review like this would cost and then they'll come back to us. That's my motion. >> Second,
>> it's been moved and seconded discussion. >> No discussion. >> Well, from me, >> you got me. >> I did have one question to the attorney because as I mentioned earlier, he and I did not have the chance to go over the agenda together. So um my question to
you then is does this in any way it uh impede on the manager's uh authority as far as how to structure the departments or or or maybe the question is better asked to you is is if uh this is more of just giving him input. >> It's just well first of all and that's
the question I'll add another question to the to the attorney. I mean, the way I structure NBI is they're giving us the input, the council, >> not necessarily the manager. Obviously, everyone's go see it. >> Um, but the idea is for us to have data,
to have something that we can really work on and back up. Is our structure working? Now, yes, we don't have the ability to go department by department, employee. No one's saying that. But we have the ability to figure out where budget, where money should go. we have the ability to tell staff, you know what, maybe we should do in-house
positions for this type of contracting work instead of going to contractors. Maybe it'll save us money. Maybe it'll give us better uh a better uh return on on on our investment on those type of things. So, the idea is to just get a review a consultant. They So, that's all it is right at this stage. >> Got it. Okay. So, that that answered my
question. Thank you. So, u and again, it's going to come back to us anyway before we expend any funds. So, with that, uh I I'll move it uh for now. All right. All those in favor say I. I oppose. No. The eyes have it. 16 L passes and we're now on 16M, removal of certain hedges from 87th Avenue, which
is my item. Um, I'm going to ask it just to please display the image, the screenshots I just took a little while ago because I just realized that I forgot to send them over. Just to give you an idea of which hedges I'm talking about for those that maybe haven't passed by there often. >> Exactly. So, and and actually Judge Pando, I think it or one of the judges
uh actually reached out to us um and sent us these photos too and other other uh members of the of the community on that side have told me that we should try to get rid of these and it's true, right? I don't know why we're maintaining this. There are all sorts of gaps. Again, some of them, as you can tell, are dead. Um so, it just it it
unsightly and it just, you know, doesn't see it doesn't add anything. So, I think removing it and that should actually help our litter crew or the not the litter crews, but the crews that maintain that that swale. Um, you know, it it just I think it's about time to get rid of those. >> So, it's it's the swale ones on the east
side of the road. Yes. Not the median. >> No, no, no. Like these are the problematic children >> and everything from 154 South. >> Yes. South Halia. Yes. >> Yeah. We don't have >> all the way to Commerce. >> All the way to Commerce. Yes. Okay. >> For discussion.
>> Seconded by the vice mayor. Uh, and so you kick off discussion, then we'll we'll come around. >> I do want to state for the for the record in Sunshine that Councilman Hsburg stated that the primary problem with those photos is the mulch. Uh, the >> Well, he's a bit biased. He has some kind of blood feud with the mulch.
>> Um, I I used to actually walk that uh exact route every day and it is actually practically a nuisance. Um, my only uh recommendation is that it be a call for this for the the manager or the staff to
come back to us with pricing because it's not just a expense of cutting it with the saw as well. So, just come back to us with pricing, make sure that we're cool with that and then and then go ahead and do >> that's not a problem. I don't have any issue with that direction. Hey, uh, Councilman Sanchez and then anybody else?
>> Oh, and then Councilman Garcia after Councilman Sanchez. >> The vice mayor touched on what I was going to speak on. What's going to replace? What's going to be removed? side. >> But you know what? Maybe just to mess with council hersburg, I'm going to suggest mulch >> and we'll come back next month and report >> the whole thing with mulch. >> Mulch the whole sw. That's all I wanted.
>> Especially have red mulch with >> or flowers. We can replace it with flowers. >> Okay. Exactly. Councilman Garcia, >> just quickly like to amend the friendly amendment that any anywhere in the town that we have just lonely shrubs that are dying, we should remove. I mean, honestly,
>> I'm not in disagreement. I just also I mean not that I that I distrust staff but I would rather they that for other areas that they come back to us just to make sure that we we're seeing the same thing. Does that make sense? >> That makes sense. >> Okay. >> Also guys there's uh there's spray seed
seed spray that we can seed there. Well, honestly in a in a couple weeks the grass will grow in but you know we really don't have to spend >> like minoxidil but for the grass. Okay. Exactly. Okay. >> It's okay. We don't have to worry about these hair issues. So we're good. Oh,
>> at any rate, um, with that said, a So, there was an amendment proposed by Councilman Garcia. Is there a second? >> I'll go ahead and second it because I don't think there's anything absurd with that as long as staff comes back to us. >> Um, with that, any discussion on the amendment
>> just to clarify the amendment, is it that staff would still come back to us? >> Yes. Like staff would would identify other areas where similar type hedges exist. You know, that >> Okay, that is supported. Okay. >> Okay. Any further discussion? All right. See none on the amendment. All in favor say I. I.
>> All oppose? No. The amendment passes. Uh back on the main motion. All in favor say I. I. I. >> All oppose. No. The motion pass. Uh carries. And now we are on 16N capital funds by Councilman Garcia. >> Thank you, Mayor. And I think this is in
line with what the vice mayor mentioned and what uh the town is already working on. uh we we saw that uh during the budget process uh you know we have to find creative ways of of finding money and put it into the general fund. Uh what this does is again in the spirit of
that uh directs the town staff unless they're already doing it is to allow for us to make a change to the ordinance that allows for new park projects uh new you know funding for new park projects to open up that and also allow for
uh um opening that up to current uh park projects or current uh uh fixing of of of infrastructure for our current parks as well. And I think that's already in progress. Is is that correct, Mr. Mayor? >> I mean, M uh uh town manager. Sorry, I'm
getting I'm getting motion. >> I'm getting demotion. >> Well, okay. Yeah. Well, you know, that's true. Um but go ahead. >> Yeah. We are already initiating the steps that we've been talking about. I think we've talked about it last month about the uh developing our own
standalone impact fee ordinance. Then the very first step is doing the the study that will allow us to do that. >> And we've already started those. Uh >> is there kind of like a cost to that? I mean, do you know what the cost of that will be? >> Well, you you approved the cost already. We already did.
>> Yeah. We we won't know the exact cost till we put it out. I think we're in the process of developing the RFP to put it out to bid, but you approved it in the carry forward uh the the the cost under the category of studies. >> So, we have the money there. When do you foresee us getting the information for
us to be able to make that vote to to allow that? And if we do approve it, when can we use those those funds uh for current park projects or current current? >> Yeah, I don't think it's it's it's >> from what I've seen and what I've heard from other cities, it's a multi-step uh
process before we can actually come back to you with the finished product of being the new ordinances to adopt. >> But you think it'll be before the next budget process next? >> Oh, yeah. Yeah, yeah, yeah. Okay. Uh it'll be within the next what you know 180 days or whatever. I'm >> so I guess my motion would be uh to
continue that effort. >> Yes. >> Uh is there a time frame uh that you mentioned to to >> I'm hoping that within the month we'll be able to at least put it out on the street and then uh RFPs normally uh are out on the street for 30 days. Then we have an evaluation. So I'm I'm hoping
January, February we may have something back for you to approve to award. And the impact fee change uh in the ordinance will allow us to use new park money for existing park uh uh improvements.
>> We'll be able to tailor the the kinds of impact fees that we want to charge to our >> in the future or for current current budget >> prospectively in the future. Now, the question of money that we've already collected under the umbrella of the county ordinances, we'll have to work with the legal to figure out what we can
or cannot do with that money. Does it still stay under the rules under which they were collected or we can now modify them under the new? So, those are things that we'll have to sort out. But prospectively, the the thing is the important thing is to get our new
ordinance ready. >> Well, yes. And also see if we can use existing money. So, uh, if that is that part of the process right now? If not, I'd like to amend my motion to add that as we're going a priority as well. >> I can tell you that's already part of the process. Yeah. >> All right. So, I guess my motion is for
staff. >> It's like a like a parallel process. It's a it's a question that we'll ask uh once we get uh you know our own ordinance done, then we can figure out with legal and the county and say what can can we do with the money's already
collected. And again any pro anything pro any ideas that you have proactively that can say hey for the next budget cycle I think we can move this money around if we do this is you know that kind of that kind of proactive approach would help us out in the next budget uh cycle as well. Thank you so much. I guess I I move the motion is to have
staff continue the work they're doing to amend that uh impact fee. >> Second. >> Seconded by the vice mayor. Any discussion? No. >> Seeing none. All those in favor say I. I. Oppose. No. You guys have it. Uh 16N passes and we're now on 160 by
Councilman Hersburg. Reimbursement of police coverage cost for residentled visual and review of policy. But before he goes, I'm going to move to extend our the the meeting of the council to 12:30 a.m. >> Second. >> Seconded by the vice mayor. All those in favor say I. I. All oppose, no. The eyes
have it. Uh and the motion to extend passes. So, Councilman Herszburg, you are recognized to go ahead and um make a waiver of section 6.10 10 and 7.2 of the special rules of order. >> Right. I make a motion to wave section 610 7.2 for this item of special order.
>> Is there a second? It's been seconded. All those in favor of the waiver say I. I. All oppose. No. The eyes have it. The rules are waved. And you are recognized to present the main item. >> Thank you, mayor. Um, I know we're all aware of the the visual that took place at Veterans Park. Uh, I I got involved
of it because I was made aware of issues that the residents were having in getting their permit approved. Uh and ironically it had nothing to do with the police. It had to do with a requirement for insurance. Uh at that point I dug deep into the issue with the help of
town attorney as well. We looked into the issue and it was clearly my opinion and I believe town attorney shares that opinion that requiring insurance or any cost other than nominal cost on a permit of a clearly expressive political first
amendment event is is unconstitutional. So, with that, uh, we did get, uh, there was a decision to wave the insurance requirement. Uh, but then we have this issue of, I believe it's over $1,700 in police cost. So, nobody asked me to do
it. The organizers did not ask me to do it. Uh, I know them and they have the money to pay for it, but this is the right thing to do, not just be for them, but to make sure we're in the right posture moving forward. Uh, so you cannot
incur a fee on your right of free expression and it cannot be determined based off the police assessment, which I agree with. The police have the right to determine if they need more officers or not. That's our job as a town to pay for it. I've had residents come up to say,
"Well, what happens if I want to do a memorial for a family member?" Yeah, you can do a memorial for your family member. And I agree. I don't think we can charge anything. But where the police department's probably not going to need to hire eight officers for the memorial for the family member. Where you get at that is now you're regulating
or putting a cost to what the content of the speech is. And I've gotten plenty of phone calls about this on both sides and I've been very clear that uh and when when I discuss the item in detail, people usually understand and agree end up agreeing, right? This is this
shouldn't be controversial because it it doesn't regulate the event. and they just gives the free expression which is something that this doesn't open the door to anything. This right has always existed. So um there's two things to the to the to my motion. one that we
reimburse the organizers of that event for the police cost and second moving forward we make sure that these type of events which I would say that are events that are under section 1894 of the town code do not have any cost or
insurance requirements moving forward and and we are going to work on uh moving on revising the ordinance. I know that the town manager is going to come back up for that. >> That's my motion. It's been seconded by the vice mayor, who I'll recognize first to speak in discussion.
>> Thank you, mayor. Um, yeah, this is a, you know, a perfect definition of a public gathering of public demonstration. Um, it it subject to first amendment protections. uh and outside of reasonable time, place, and
manner restrictions, there's not there's not only uh not much that we can do, there's not much that we should do uh in terms of limiting that ability of our residents. Um and that being said, I know that the mayor was president. I was
at another event and caught up and I I wish I could have made it. Um but yeah, it's our one job as a town is to keep our residents safe. um in from the day-to-day as well as you
know things of this nature. Uh we had this in the past when we had uh the the BLM uh peaceful protesters on one side of the street one time and then we had the uh the counter demonstrators on the other side of the street and our police was there and they kept the peace.
Everything was safe. Um so yes, this is something that the town should absolutely cover. Um and I will more directly state that yes absolutely this should be codified into our town code and the reason being is at this very moment there's
several free speech hawks on this dice you are one of them I am one of them and I know se several others here uh are included on that that may not always be the case put it into the code protect the residents
and I'm going to take liberty to speak a little bit out of turn here. Um, and just say that I'm not going to go down, you know, all the way or I'm again I have a foundational knowledge of first amendment law. I don't pretend to be an expert by any stretch of the imagination on that. Um, so my my arguments in favor
of why I'm going to be voting for this have nothing to do with that as much as it does with the issue of fairness. Right? As I had mentioned earlier on uh on social media and the vice mayor brought it up again uh uh now back in 2020 when we had multiple not just one but multiple Black Lives Matters uh
protest uh on you know in town and we had police officers that were on standby and present in some cases um you know uh to ensure that there was that the protesters for the BLM side were safe as well as for those counterpro protesters
that were protesting on the other side of the street. Um, you know, we never asked for reimbursement. So, to me, it's a fairness issue, right? What's good for the goose is good for the gander. What's good for one is good for the other one as well. Unfortunately, this this vigual, which really, you know, again,
having been there, which is more, you know, a combination of praise and worship and uh a variety of nonpolitical type speech really, right? In my opinion, that's where where I see this more as an issue of fairness, right? not so much about and and expression in other ways you know that you know more
religious uh and uh and and yes some political but it wasn't it wasn't again I did not detect uh everybody going out there saying forget the other side of the political spectrum you know and and throwing epithets the way that some of them have been doing online right um but rather what I saw was just a group of
people that wanted to come together to honor somebody's life who they believed stood for um bring people together to have respectful dialogue and to learn from one another, right? And perhaps persuade the other toward closer to their toward their position. Unfortunately, it got heavily
politicized and everything else, but for uh and again, I'm getting ahead of myself, but rather, you know, despite all that, the reason why I'm going to vote for this is the fairness issue, right? We never ever got reimbursed for the number of police that we had out
there during the and again it was at least two different uh Black Lives Matter protest, you know, and I think that as a way of you know being fair, we need to make sure that we take away that cost from the organizers of this event which unfortunately in my view got more
political as as you know as we get closer to the event. Right. I guess that that was the summary of what I'm trying to say. >> If I may, Mayor. >> Yeah, absolutely. I I agree with your comments and it certainly is fair, but at the same time, a prayer viril is protected. That is religious. I was just
saying that it's not political. >> Oh, yeah. But I've had some residents tell me I have Oh, well, it wasn't political. They said it wasn't. So why >> a privilege was protected. Having a memorial for your family members. >> There's a good argument that's protected speech, right? There is. I
>> think that I think that one's a little >> I don't think so, but I don't think it is. The only thing is we wouldn't have any cost because the police wouldn't have extra cost. >> Look, we're I'm sure that we're going to see some nasty messages tomorrow, you know, by text, by social media about this from people that are deliberately,
in my view, misunderstanding this issue. >> I will be heartbroken. >> I know you will. I I don't I you know what I honestly don't know if we will because I've spoken to some of those people that are are are I don't want to say against the event but are obviously are against what the the person that they were memorializing and they
understood my position. They understood that this is a matter of not content. This is a matter of being >> and obviously we're talking about a very a small minority of people that don't you know that don't want to understand you know what the difference is here and they want to equate this to some satanic ritual and everything else right. Um,
>> look, I'll just say though to your point though, I discussed this issue during my briefing uh with uh Dr. Tony Lopez. Uh I don't know if he wants to come up real quick and give me that rundown that he gave me during the briefing about the National Park Service and how they define >> Well, I do know that that they're that
he already told me that they're going to try to adapt our rules to reflect what the National Park Service >> in that codification. It'll include the way that the National Park Service does it, which is obviously already First Amendment compliant. >> There you go. >> Yeah. And what I will say as well, just as a final parting thought, is that I'm
going to wait to see what language comes back. I want to be careful how we structure this. I don't want to offer police protection to every event, right? But uh I just want to be clear that you know that just because we might wave the cost you know we're we're still going to retain discretion on whether we provide it you know because again the the issue
with the visual even though it took place you know a while after you know the assassination took place um you know is that it was still as we saw a very hyperartisan event for some some people were even out there insinuating that there was going to be shootings
unfortunately and then just uh with Black Lives Matter as well it was a heated time in in our history and so providing the protection made sense. So because the protection made sense in this case given the the inability of some to handle this in a mature fashion
right um you know and also the fact that again we done we the president was set well before we were uh well before we had this issue come up right um you know I think it it we we should support it and again maybe you're not going to get those angry messages but I know I'm going to get some of those and it is
what it is but I'll deal with it when that time comes. Uh any other discussion on this? All right. All >> really quick. Councilman Garcia, >> just to add to what you're saying, sir, I think if the police department uh thinks there's a credible threat, right there, I think they should be the final word and credible threat depending on
the event and then yes, we provide that. But I think we need to add that to the language. >> No, no, no. And I think they all they they always do initially when the organizers wanted to put on this event uh they try to come in with four officers uh you know in an abundance of caution because of the nature of the
timing of the original event and because of the you know just the the heat I guess for lack of a better term that it was attracting they they made them pay for more. But again um you know look thank God everything worked out fine. you know, there was a good crowd of what, like I don't know who else went, but uh 60 people is what what was give
or take is what I had observed, you know, in passing, but um it was a good event. It was, you know, again, not at all what what some of these people that were attacking it made it out to be. And it was exactly what Annie, the organizer, had said it would be. And I just wish people would start trusting their neighbors more. And also just
leave things be, right? Let people express themselves. Not everything is a crisis. Not everything needs to be treated as this, you know, great epic battle between good and evil. And, you know, I think that's the perspective that some people have lost, right? With that said, uh, all those in favor say I.
I. >> I. >> All those, no. >> The eyes have it. Uh, 16 passes. Uh, we are now on 16P. My item reviving the karate program. Uh, I move to wave section 6.10 of the special rules of order. Second. It's been seconded. Moved
and seconded. Uh, all those in favor say I. I. All oppose, no. The eyes have it. The rule is waved. Uh, very simply, council and, uh, this was submitted at a time before I found out that that staff was already working on this. Uh, some of the some residents have reached out to
me, uh, you know, sad about the the fact that we had to cancel the karate classes as part of our budget cuts. Um, but proposing for them just to go ahead and continue the classes, but they will pay for them, right, instead of it being uh, provided to them for free. Uh my
understanding is that staff is already working on that. Uh so Miss Manager, just for the record, just I can send >> Yeah, Jeremy, if you can come up and tell tell us exactly where Ju just so I can send this little clip out to some of those parents, you know, so they can better, you know, for those that don't know that we're already working on this. Uh that that would be great. So just if
you can explain what you guys are working on already. >> Yes. So in light of the the cuts we had to do during the budget cycle, we went ahead and looked at op um options to go ahead and continue a payfor-play model. um we already had the vendor who was an ICA uh providing more of the advanced
level classes after our normal recreational programs. So essentially we are just going to amend their LUA for the remainder of their of this agreement um to include those uh four times a week, two times a day um classes. So allowing the parents to keep the same
instructor, keep their same schedule and essentially just pay for the direct uh service that they're going to be receiving individually. Uh the agreement is already signed on the um vendor side. I believe it's probably sitting with the manager or probably already executed. So they may be commencing as soon as next week
>> through the chair. >> Uh well, we haven't made a a motion and not that one is required again that this ultimately ended up being a discussion item, but you know what? I'll go ahead and go ahead and make your your your statement. >> Thank you, director. How many special need kids were in that program?
>> This is the recreational, not the special needs one. So the special needs uh Dwey Inc. Do inc uh dojo for excellence is separate from this >> separate and they're funded. They're fully funded. >> Yes, they're funded and their agreements in place and their schedule's set. >> Thank you.
>> All right. So with that, I'll withdraw. Okay. Okay. Fine. The vice mayor is recognized for remarks. >> My question is in that agreement that we have with them, it states that out of the registration fees, they have to fully pay for the course. Uh the I mean
the location is a town location, right? So and we're giving that to them for free. >> It's a licensed use agreement. So similar to the softball that we spoke about earlier, it's a revenue share. So essentially total revenue gained, there's a percentage that must be given back. And now if I'm not mistaken, they are not for profofit or they are
forprofit. So it'll be a 3070 split. >> Okay. The bulk of the budget that we cut like for that represented the karate program was the the compensation for the instructor. Uh so the registration fees cover the
instructor. >> Correct. >> Okay. What happens if they don't get enough kids or or enough uh you know people registering to the point where they cannot cover the price of the instructor? As of right now, we have not got into that and nor has it been a
concern of the instructor. From what he's hearing from the residents that are ready to pay and are ready to continue the program, it's not a concern. >> Okay, I'll talk to you after. >> Yes. >> Anyone else?
>> All right. Show the item withdrawn. Which now brings us to item the last item of the evening uh on account of uh council Garcia's absence. There's two more items. >> I said we're going to the last one. >> There's two.
>> Where was the other one? >> Roman. >> That's not on my agenda. So So >> it was added lock moment. >> Oh, well I missed that. Okay. So uh somebody needs to provide me then a a copy of that uh item because that's not in my binder. >> So
all right, we'll get there. So all right, 16 uh uh Q responsible budget planning. I move to wave uh 6.10. 10 of the special rules of order. >> Second. >> It's been moved and seconded. All those in favor say I. I. Oppose. No. >> The eyes have it. Uh and the rule is
waved. Uh again, very simply, as the item states, this is simply me directing uh or us directing uh through my motion um the manager to come back to us uh with a comprehensive study of what uh steps they would take, you know, in the
event of some of these proposals being enacted. Right. I want to be prepared. the county clearly had a lot of time to prepare for the transition to the new county or our or constitutional offices and did not adequately plan and look what happened to them, right? And I know
that staff is being more proactive than the county, you know, which is just the way we've always been. But with that said, I just want to make sure that they are, you know, being comprehensive about their approach. Um, so everything from monitoring what's going on in Tallahassee actively, you know, uh, you
know, adapting, you know, or rather forecast modeling if need be. You know, I just want to make sure that we have a game plan in place for, you know, how we would make up for the loss of property tax revenue. I can tell you that one of the proposals that I don't know if it's been filed yet, and this is what I was trying to say earlier, but it seems as
if one of the ideas is actually to increase the homestead exemption to 500,000, which would wipe out most people's taxable value in their property. And in that and that way, you know, for most homeowners would wipe out their uh their property tax obligations
on their primary homes, right? Um so that is the leading proposal. So, you know, that's something else that you guys can consider as you're modeling this. But that's all this is, just basically having the the making sure the staff is on it and and uh being proactive on how they would uh avoid uh
any loss to uh in revenue from property taxes when it's been seconded by Councilman Garcia, who will lead us uh in the beginning of the discussion. Go ahead. >> Yeah. Just quickly, the the mayor's correct. the it looks like the the Senate and the uh representatives are are looking to at least all agree that
65 and over homestead of property should either increase the homestead to 500,000 or remove all all together. So yeah, to have a plan ready to go before that is is a good idea. So I will be uh voting yes on this item. >> Yeah. Yeah, I know. We'll get there. I'm
sorry, CO. >> Okay. Anything else? >> Anything else? >> All right. All those in favor say I. I. Okay. All pose. No. The eyes have it. And we are now on the new uh as I just learned 16R by Councilman Sanchez who is
recognized to uh for the rule uh waiver. >> Yes. I I move to uh to w to wave section 7.2 of the special rules of order. Second. >> Second. It's been moved and seconded by the vice mayor. All those in favor say I. I. All oppose? No. >> The the eyes have. The rule is waved. And now you are recognized to introduce
your item. >> Okay. So during past workshops, we've had uh residents and HOA members from Lock Land express concerns regarding accessibility into their community. The current width of Turnberry Drive restricts access for large vehicles, including first responder units such as
fire trucks and ambulances, which possess um potential safety risk during emergencies. To allow entry, the delineators must often be temporarily removed. However, if they're not properly reinstalled, they can interfere with the gate arms functionality, preventing it from closing and requiring
on-site intervention by a security supervisor. Additionally, when the security guard is on break, the delayers are not removed at all, further limiting limiting access and delaying response times for first emergency and service vehicles. Residents have also requested
a revite of the guard house to align with the aesthetics of the recently renovated golf course and to include a restroom facility for the security personnel on duty. My recommendation is to have the public works department prepare a cost estimate and also reach out to the county to see what can be
done about the widening of Trenbury Drive and the complete renovation of the guard house. Upon completion, the proposed cost should be presented to the residents of Laloman Special Tasking District for review and approval as all associated expenses will be funded by the district's residents.
>> I'll second. >> It's been moved and seconded by was it Councilman Garcia? Yes. >> Okay. Um with that then you may uh lead the way in discussion. Well, during the workshop, I think the the residents made it clear that they
are for it and and we and I think the the town man town attorney said that we can go through or I'm sorry, the vice mayor said we can go through the HOA process for a letter of intent. So, 100% agree with this item and we'll vote yes through >> Councilman Fernandez and then the vice
mayor. >> Uh the vice mayor, >> I support the spirit of the item. I don't support jumping the gun. Um what we discussed at the workshop was that the HOA was going to go and take a formal vote. Um I just highly recommend
we go and let them take that formal vote and then use that formal vote to direct the staff to prepare a cost estimate because right now we be preparing a cost estimate off of which proposal. Remember remember the llman uh uh had suggested
to their residents when they were trying to do the petition like three different options which one are we doing a cost test and for so I think we can wait a month uh let their HOA meet come back and then do this exact thing uh so I'm going to move to table this till the
next meeting uh and then let it come back with the blessing of the HOA so we know what we're approving. >> Okay if I may Mr. Mayor. Uh well, first there needs to be a second. Is there a second on the second table? It's been seconded. Wait, who second it? Councilman Herszburg. All
right. Uh go ahead there because we agreed that there is discussion on the motion table. >> No, but usually >> you looked it up the last time. Anyway, okay. Uh Councilman, there is >> Councilman Sanchez, please proceed with your rebuttal. >> Yes. The rebuttal is that since the county since the county is going to be
involved, you know that that can delay the process a little bit and in order to find the solution for this, I'd rather just get the ball rolling on at least an estimate even if it's just for the street or just for the for the the guard house because I know there's going to be three separate components of it, but everything is going to have a price.
Addition to that, I think there is something that needs to be done to our to the ordinance for Lment and to that I'm going to defer to the tunnel attorney for a moment. >> Yeah, I mean some of these items we'd got to take a look at the ordinance. Um, just as in any of the, you know, section one or Royal Oaks, we've got to be
specific that we're following the ordinance as as it's written. Anything that we do to expand the ordinance, we got to take a look at it and perhaps it needs to go back to the people for a vote if we're going to expand the ordinance. So, I I agree with what you were saying, Vice Mayor, to see what they come back with, uh, if it's just pure maintenance, no. But if it's things
of adding, >> sorry, they're talking about a full knock it down and build it back up. But not just the guard house, the wid the width of the street too. >> That too. >> It's got to go back to the residents. But but what I'm saying is
>> the procedure is either 10% of the residents or the HOA issues an LOI. We then approve that LOI and then it goes back for the actual vote of the residents. When it goes back for that vote of the residence, it should come
back with a cost estimate. But what I'm saying is let's not confuse issues and let's not jump the gun. Let's wait for the HOA to come back. Tell us, hey, here's what we want. We want the wider street. We want the the I forgot what the other thing is. And the bigger guard house. >> That's it.
>> Wider street and guard house. >> Oh, I thought you said three things. Um and then >> you said three things. >> No, I should definitely have a bathroom. Um and and then um and and then we move forward having the
benefit of theirs so that we can tailor what we're cost estimating to their request. That's just my suggestion. >> So vote on the >> All right. Any other any other discussion on the motion to table? Seeing none, madam clerk, please call.
>> For the record, it was to table to >> Yes. to the November the 18th meeting, right? Or November 18th. Yes. Okay. Motion to table by C Vice Mayor Mora which was seconded by council member Hzburg and to table I I understood till next meeting right till November.
>> Council member Fernandez. >> Yes. >> Council member Garcia. >> No. >> Council member Hzburg. >> Yes. >> Council member Sanchez. >> No. >> Vice Mayor Mora. >> Yes. >> Mayor Diegas. >> Yes.
>> The motion passes the table. Excellent. The the the item is tabled therefore until the the November 18th council meeting. Uh Councilman Cuadra Garcia is away and therefore there are no council member reports. There being no further business, we are now adjourned at 12:09
a.m.