Code Enforcement Board - Regular Meeting

Ladies and gentlemen, I call this August, what's today? The seventh meeting of the Miami Shores Village Code Enforcement Board to order. Thank you for coming to this evening's Code Enforcement Board hearing. This board is empowered to hear evidence in order to reach findings of fact and conclusions of law for the purpose of resolving cases that come before it. Finding of any violation in any case before us may lead to costs being assessed in a daily fine being levied for violation of the villages code of ordinances the board is always interested in comments or statements that will help us make a Determination in each case and we are always interested in compliance rather than levying fines if you have not already done so please come forward and give your name to the clerk so that we know that you are here and If there is no objection, we will consider at one time all cases involving the same piece of property. Madam Clerk, do you have anything to add?

Mike, may I request that you mute my computer, please?

I don't know who that guy is, but he has a great voice. All right. Has everybody checked in with the clerk?

Looking around the room, I can confirm.

Okay. Now, who's going to do the swearing in?

That will be me. Okay.

Now I'm going to swear in witnesses. If you are going to testify in any of the cases this evening, please.

I have a speech to go through first. So good night, everyone. Thank you so much for coming. Welcome to tonight's Miami Shores Village Code Enforcement Meeting, presided by Acting Chair Barry Pearl. The board members present this evening are all volunteers, residents of Miami Shores Village, and your neighbors. The board is charged with enforcing the code and are interested in compliance with the code available for viewing at the village's website. Village staff is represented today by Mr. Michel Horta, and Mr. Leopold Lewis, who will present all cases of violations hearings on behalf of the village. Village clerk is Ms. Emily Smith, hello, who is responsible for ensuring that you are properly checked in, yes, and also to record today's proceedings. At this time, please ensure that you have checked in. You have, thank you very much. Please silence all devices by placing them on vibrate. Make sure you are close enough to be recorded. My name is Emily Smith, and I am standing in for our attorney today, who is Mr. Marlon Hill. He'll be joining us shortly. I am present, not here, as counsel to the board, and I will not be prosecuting any cases, and neither will our attorney. I'll briefly explain what will happen tonight so that you all understand how the hearing works. There are three different types of hearings that will be heard tonight. First hearing, penalty hearing, and request for relief. The first hearing is for persons who have been issued a notice of violation, and this is your first time coming in on that notice of violation, and the issue that will be addressed is there. The chair will call each case by address. If it is your case, please come up to the podium and speak directly into the little black box in order to testify your sermon.

This will be right here where I'm standing currently.

If you dispute the violation, the chair will inquire whether you agree there is a violation on your property or should the village present evidence to adjudicate whether there is an actual violation. If you do dispute the charge, the village will then present its evidence, including any photographs of the violation and present testimony of the violation. You have the right to cross-examine the village code officer about any testimony. The board may also question the officer on any testimony as well. You will then have an opportunity to present your case to the board and present any relevant evidence. The village officer and board may also question you. The board will then adjudicate the case by majority vote and assign a deadline of compliance. The second type of hearing is known as the penalty hearing. These hearings are for persons who have already been through their first hearing and given a date to cure the violation. The primary issue to be determined for a penalty hearing is whether you met the deadline and whether or not it is presently cured. If there has not been a cure of the violation by the deadline, the board will impose a lien. If you motion that you cure the violation on time or if you wish to request more time, the board may hear your testimony. The last type of hearing before the board is known as a request for relief, also known as the mitigation process. This request for relief hearing is for persons who already have a property that has been found in violation and have incurred fines and slash liens. This is not an appeal process, but a settlement negotiation. In this regard, the board will only vote on one proposal per applicant per meeting. As a result, this procedural rule, at some point during this hearing, the chair will ask you a final question. Is this your best and final offer? You can raise or lower the offer, but once the board votes on a number, that is the only number they will consider. All persons present shall be sworn in. Everyone that is testifying this evening, please raise your right hand. Thank you. Do you solemnly swear or affirm the testimony you give this evening will be the truth, the whole truth, and nothing but the truth? Thank you. Back to you, Chair.

Okay.

Is there anybody here for her first hearing that you're aware of? No, sir. Okay. Well, since there's nobody there, okay. I'm going to call the addresses, and if they belong to you, please sing out because we think you're not here. I believe this is 9033 Northeast 4th Avenue Road, Unit 9033. Anybody? Carmen Darnell?

Okay, then that's it. They're not here.

At this time, the chair observes that there has been no appearance by anybody on behalf of the alleged violation in connection with the case number 0625174. Mr. Director, do the case file in this case contain affidavits attesting to the existing of code violations alleged in demonstrating proper notice to the alleged violators of tonight's hearing?

They do, Mr. Chair.

Okay. At this time, I would entertain a motion for summary adjudication.

I move for summary adjudication of all such cases to include a finding of fact and conclusion of law that a violation exists as charged in the respective notice of violation issued. In each such case, the offending party shall correct the violation within the time period specified by staff in the staff recommendations for these hearings and immediately notify the code enforcement officer when the property is brought into compliance. In each such case, if the violation is not brought into compliance within such time period, the code enforcement officer may report this fact back to the board in accordance with the board's rules and regulations, at which time a fine is hereby authorized to be automatically assessed against the violator. In the respective daily amount specified in the staff's recommendation for tonight's hearing, retroactive to the original compliance deadline, which will constitute a lien on the property of the violator.

Do I hear a second? Second. All in favor, say aye.

Aye.

Okay, passed. Okay, for the next part of our meeting, we have enforcement orders. Do we have anybody here for enforcement?

We do. I just have a question, Mr. Moises, for 20 Northeast 104th. You're here for both the enforcement order and the request for relief. I have documentation for the request for relief. Okay, so no to the enforcement order? Then, Chair, the answer is no.

Okay. All right. A minute. Okay, also on tonight's agenda is the matter of staff's request for orders imposing previously adjudicated fines as a penalty for lack of timely compliance with the board's prior orders. I will now call the penalty cases on the agenda. Okay. Case 02-25-32, 640 Grand Concourse. Case 05-24-317, 453 Northeast 102nd Street. Case number 0424206, 28 Northeast 98th Street. And that's all of them. That's it. Okay. Excuse me. Okay. Do I hear?

Hold on. Excuse me.

Well, you know what? If they had numbers on the page.

Oh, well, there you go.

Ah, okay. Thank you. Mr. Director do the files on all these penalty cases contain an appropriate? Epidemic demonstrating that in each such case the violations referenced in your request continue to exist Subsequent to the date on which they were to be corrected in accordance with the previous orders of this board and that to date No one has contacted the code enforcement officer to advise that these violations have been corrected. They do and they have not Okay, I will now entertain a motion there. I Oh, you're going to move. Okay. You're fast. Do I hear a second?

Second.

Okay. All in favor, say aye.

Aye.

Opposed? Okay. It passes unanimously. And now we get to requests for relief. It looks like in spite of only having a handful of cases tonight, some of them appear to possibly be complex. So I'm going to ask all of you when you are speaking to please be concise and get to the point so that we can make sure everybody has enough time to say what they need to say. Who's first?

Mr. Oscar Rizzo for 107 Northeast 93rd Street.

Mr. Rizzo, before you start, let me ask a question to the staff. Why does this property have open violations?

We learned from the building department after an inspection by one of the inspectors that there was a bathroom that was currently being remodeled.

Completely separate from what's here now?

Yes.

okay mr attorney it's been my understanding that we don't hear requests for relief when there is an open violation on the property am i correct in understanding that um in terms of all practice i mean it's you have to hear what's on your agenda right the open violation really creates a wrinkle on all the other um violations that are on the property

Okay, so this was on the agenda before they discovered the violation. Okay, so we're gonna hear it. All right. Mr. Rizzo and other applicants this evening, this part of the procedure is not a rehearing. It's a settlement offer. So we're not going to retry your case. Instead, we'd like you to explain why we should accept your offer instead of the amount that's on the books.

Okay.

I'm sorry and I believe we need you to state your name and address for the record yes if you haven't already

My name is Oscar Rizzo. I reside at 107 Northeast 93rd Street.

Thank you, Mr. Rizzo.

Okay.

Sorry to interrupt.

Okay. I'd like to sincerely apologize for the code violations regarding my property. I understand code enforcement is essential in maintaining the beauty and safety of Miami Shores, and I deeply regret that my property fell short of these standards. I was aware of the violations, but circuit's answers were a little bit more complex than it appeared. I was undertaking significant renovation projects in my home, which involved replacing all the windows in my house, This project, unfortunately, took over a year to complete, unforeseen issues, mistakenly, with a mistaken order of windows and some permanent days. I finally concluded that in October of last year. During this time, it made a difficult decision to hold off on the repairs, thinking it was impractical to lay new sod, which would have destroyed while the contractors were working on all the sides of my house. Similarly, the painting of my house before the replacements just didn't seem to make sense to me. As soon as the window project was finalized, I immediately began to work to rectify the code violations, and those code violations were resolved in February of this year. I've lived in Miami Shores for 25 years and always tried to be a good neighbor. I believe a fine of $1,000 would be more than appropriate, given the nature of the violations, the lack of ground cover, the home in need of paint and fallen cables, all of which have since been corrected. And I hope that the board will take my efforts and the circumstances into consideration when making this final decision. Thank you for your time and understanding.

Thank you.

Questions from the board?

Mr. Chair, I have a quick question. It was stated here that the compliance date is

Rod, can you get closer to your mic and make sure it's on, please?

I'm sorry. As I stated, your compliance date for all of this was July 8, 2025. Is that correct?

That's correct. I was misspoken when I said February.

Okay. So, the original compliance deadline was March 3, 2023. What takes you too long, like almost two years? I think more than two years. Can you explain a little bit?

Sure. So, I had some difficulty with work. I wasn't working at the time, and I couldn't afford to put a new sod down or pay for somebody to paint my house at the time. I DON'T KNOW IF THAT'S CONSIDERED ENOUGH, BUT THAT'S REALLY MY EXCUSE.

OKAY. THANK YOU.

ANY ELSE? OKAY.

I HAVE A QUESTION. BY THE ORIGINAL COMPLIANCE DATE IN 2023, THE WINDOW PROJECT WAS COMPLETE?

BY THE ORIGINAL, I'M SORRY, REPEAT THAT AGAIN.

THE COMPLIANCE DATE OF MARCH 1, 2023.

NO, NO, NO. IT WAS NOT COMPLETE.

Okay, so when was the window installation completed?

October of last year.

October of 2024. Okay. And the permit was closed for that successfully? Okay. Thanks.

Mike, let me make sure I understand this. I see one, two, three, four fines. One case number, I see electrical wiring and devices. That was worked without a permit or a permit that wasn't closed in time?

If I remember correctly, it was a J-box outside that wasn't covered.

That's correct. The plastic covering on the outside was exposed or broke or fell off, and you can see the wirings by looking through the outlet.

All wiring devices have to be maintained.

Okay. So this was just something you discovered on an inspection?

Yeah. Yeah. Visible from the alleyway.

Okay. And okay. Failure to maintain parkways. I understand that. That's another one. What are the other two? Maintenance standard. Okay. And lastly, we had expired.

And we had an unauthorized construction or expired permit. What was that?

I have to look at the case.

Thanks.

Can I speak for that? Yeah, go ahead. When I purchased the house, I had, along the side of the house, I had, it was a small brick. I hate to take this apart. Pavers, essentially. And they were... And that's considered construction, apparently. It's considered a wall. And I wasn't aware of that. When I bought the house, I wasn't told of that. But that's my own fault at this point. So that's what that construction referred to as.

That's correct, yeah. Basically, it was a wall with pretty good-sized pavers without mortar. So they were falling, I guess, as...

Over the years, yeah.

Over the years, and there was erosion, so it was pushing it, and they were falling apart, but it was a pretty substantial height. It was about three feet or so, maybe?

Yeah, I wouldn't say three feet, but it's less than three feet.

Okay.

It's about this tall. Because each paver was about that thick. Okay.

Three or four inches thick, height-wise.

And that has since been removed?

That has since been repaired. Okay. Mr. Rizzo. Yes. A few questions. Are you currently, is the property currently for sale?

Yes. I'm trying to place the property for sale.

Okay. So, all right. That was, it was either sale or refinancing. Okay. And that's why you're here tonight to get this cleared up so you can sell the house.

That's correct.

All right.

What is the house currently listed for?

$1 million. It's not listed. It's a private sale to the next door neighborhood.

Oh, okay. So one million.

Jesse, you have any questions?

Come back to me in one moment.

John?

I have pictures.

There was a swale, the parkway. Yeah, it was completely deteriorated, but he soldered it completely.

My pump, my water pump had failed, so it was no longer watering. So the grass just died from the heat and non-watering, both on the swale and on my actual lawn.

I have a question. Yes, please.

So like my esteemed colleague at the end, I have a question, and it's on par with what he mentioned. In your testimony, you stated, and correct me if I'm wrong, please, that you were unemployed for a period of time. Does it fall within March 1st of 23 and July of 25? Right.

No, it wasn't that long.

It wasn't that long. Was it in that period?

It was within that period.

I guess like my esteemed colleague and I why if you were unemployed and I'm not questioning or judging why didn't you come in to the village and possibly as an extension speak to the environmental staff speak to someone in there and that at the counter and say yeah, I have a situation I need clarification. The reason I say that is because Oftentimes, on my tenure here, I hear the same story. Hey, I didn't have the time, or I was busy, or I was doing that. And it just doesn't make sense how, in your specific case, it looks like you had a period of time where you were available to come down to the village hall and say, hey, I need assistance. Can someone help me on how to do this? And it just wasn't done. So can you address that to answer both I guess our questions yet so I wasn't aware that let me let me add one other thing that so you can answer it all at one time in in your response.

You say the installation took over 9 months and it fell through the cracks you forgot.

Yes, I forgot about this issue.

Yes, how do you forget. I mean, this is an important issue. How do you just forget it?

I just slipped my mind. I was focused on getting the permit done for the windows, and I didn't think about this issue, to be honest. And it's not an excuse. I acknowledge that.

Mike, question. I know you said it before, clarify it. The unauthorized construction slash expired permit, which one? Was it expired or unauthorized?

It's both of the same. It was the wall. It was the wall. Oh, okay.

He inherited with that. He inherited with that. Got it. Okay. Mr. Chair? Mr. Buenconcejo. Yes, sir.

Maybe last question. I have to ask the attorney first before I ask this question. Mr. Attorney? Okay. There is a current violation, but you give an exemption out of this because the agenda has been posted already. My question is, is this possible for me to know what is the current violation? Before I asked him, or before I asked him?

It's on the bottom of the page, Rod.

It's on the, it's, it's a bathroom remodel without permit. Yeah.

Okay.

Which means that we're selling the house without a violation.

In red, down at the bottom, Rod.

So, the next question I have, Mr. Attorney, so is this preceding, or we have this kind of exemption before? I'm sorry, because I just come back from, from...

Hiatus. Hiatus.

Just to kind of add to that before he gets there so on our application process a week before the hearing they're able to apply if it's applied and they pay all their administrative fees and everything like that then we do accept them for the hearing and then they get placed on the agenda it's their right once they're on the agenda to be seen by us and this violation this case is was open after the application was already submitted, which is why he's here today. And just a heads up, I suppose, there's going to be a second case later on this evening where, again, it's going to be kind of like an exemption sort of thing, and I'll explain when we get there as well.

Okay. So the answer for that probably yes, right? I proceeded before. Okay. Thank you. I just want to know.

I have another question. For the attorney. And since they have a permit violation, would it be more practical to wait until that permit is cleared up before we do anything else? Because he may forget.

Great question, but we're here for the request for relief, right? You have the discretion to defer the request for relief, whether it was resolved last month or this month, right? But you still, the permit violation is going to have to be cleared up, but they're really separate issues. Correct. His delay in not resolving those other issues is what you're trying to settle here. The permit has already applied for it, and that has to be cleared up, but they're really two separate issues. If you want to merge them, that's fine, but I think they're separate. That's what's on the agenda today, but you have the discretion to defer.

Which I think you just answered what my question was going to be. Could we carry this case over until next month?

Okay.

So we could do any of those things. All right.

Oh, thank you. It's waiting, it's pending on the decision of the, well, the closing of the new permit. There's no, the owner is, the new owner is flexible in the date. It's just I'm trying to move out of the city.

If the closing is also conditional on the clearance of the permit violation, then we should defer it then and maybe you'll have some alignment then. That's what I was thinking.

Okay. If there, oh, final thing for Mr. Rizzo and other people who are going to be doing requests for relief. Regarding the comment that we only hear one request tonight, okay. It doesn't mean one request ever. It means that if we turn your offer down tonight, you can come back next month and make a different offer. I just wanted to clarify that because the language was a little confusing. So I just thought I'd throw that out there. If there aren't any other questions, the chair would entertain a motion from the board.

I move to defer to next month. Second. And I second that.

Okay. I think Kurt beat you to the second.

It's competition.

Okay. Madam Clerk, would you call

Mr. Kangiano?

Yes.

Mr. Rodriguez? Yes. Mr. Vickers?

He's not here. Not present.

I'm sitting.

Mr. Russell? Mr. Pearl? Yes. Mr. Hahn? Yes.

Yes. Buen consejo.

Buen consejo. Buen consejo.

Yes. Say Rod.

Mr. Rod. Mr. Berryman? Yes. Perfect.

Okay.

That was unanimous, Mr. Rizzo. We're going to sit on this until you fix the bathroom. Understand. And then come back.

Okay.

Okay. Thank you. Thank you. Next case.

Next, we have Orlando Crespo, 49600 North Miami Ave, along with, sorry?

Lo Sine.

Lo Sine, thank you.

Okay, gentlemen, if you would, please identify yourselves for the record.

My name is Orlando Crespo, 9600 North Miami Avenue, Miami Shores.

And you, sir?

Losney Dollet, 9600 North Miami Ave, Miami Shores.

Okay.

All right. Gentlemen, tell us why we should accept $1,000 instead of the, wow, 1.4, almost $1.5 million that leans on your property. Yes.

Yes, I'm sorry about that. I know it's a little embarrassing, though, but I'm sorry about that. My name is . I moved to Miami Shores about 2019. When I first met this gentleman here, he had fines and liens against the police, but it was kind of.

Hey, guys.

Go ahead. To keep it short and concise, I'm so sorry. For about 15 years, this man here, Orlando Crespo, he's been the sole provider of his family here in Miami Shores, his family in Puerto Rico and in the Philippines. And during that time, he has been going back and forth to Puerto Rico to take care of his mom, who sadly passed away. And about five years ago, my dad passed away also. So not only being the sole provider, he's just been traveling literally for the past 16 years to keep up with all the bills with family and everything. In hindsight for him, he wasn't really aware of the fines. When I met him a few years ago, we started looking through bills, and I noticed a letter that came in the mail, I guess it was another letter, said a lien. And then we were really, really confused about that. Even though he lived here for over 23 years, he wasn't aware of those things exactly. When we had one fine that said about keep up a sidewalk, And I believe you spoke to somebody, and then we thought it was just cleaning up the trees. We cleaned that up. Then also further looking into it, we spoke, I believe it was Mike, we learned that that was the upkeep of the actual sidewalk. So we have many of the finds actually looking through it again with the oversight of what is the exact role of the upkeep of the place.

And due to my career as a first responder, I am a nurse, traveling nurse, serving to the community for all these years as a first responder. And I've been submitted and addressing to different state, all over the United States.

Months at a time.

At a time and between my career, my responsibilities, my mother, my dying mother. In Puerto Rico, I have to travel a lot during years and years. Unfortunately, I failed in those compliance that I supposed to. But honestly, it's not intentional. It's just right now, I know that it's a little bit late, but right now, my house is totally different, totally, totally, totally. Mike knows, he's aware. We put a new roof.

The moment Mike told him, we did a whole ramp up the whole place. You can look at the sidewalk, the onion, the grass, everything is up to par and would never get down again because we know exactly what to do and what is, what is told of us and neither of us for the place of Miami Shores. Yeah, so we're just asking for leniency. I know it's so hard. And right now, the place would never look bad at all in Miami Shore. So we're just asking for leniency. We're asking for the moment we figured out everything, we were on top of it for weeks at a time. And also, we're asking for relief for Mike because we keep bothering Mike all the time. So it would help for him, too. So we're just asking for leniency to please help us out. And a one-time offer, it would never happen again.

Okay, while it's in my mind, let me ask you a question. This is Mr. Crespo's principal resident, yes? Yes. Okay. Are you trying to refinance Mr. Crespo? No. It's house for sale.

Not yet.

Pardon?

Not yet.

Not yet, okay. And what made you decide that you wanted to take care of this tonight?

Because if I, I think that the house, thanks God, they give me a little profit that it will give me freedom at my age. And I think that, because I'm settled right now more in Miami than continue even though that on Sunday I had to go to Atlanta. But I have to face it and put the house in an optimal view As conditions like Miami Shore deserve it. And, of course, eventually sell the house, which is give me the freedom at my age to settle my life and to be free a little bit of debt and things like that. And I could live my life a little bit without stress.

May I?

Just a second. Mike, do you have anything that you would like to add or subtract?

Well, I've known Mr. Crespo over the years, actually more like when I first started back in 2004. But it was, you know, the issues were far and few between. I really never really see him on the property or any activity. And in conversation with him, I understand that he does travel a lot due to his career. Yeah, it's a corner house. Like I told him, it's high profile. You know, I would ask him to please maintain it a little better. But I guess, you know, he had these restraints. And unfortunately, here we are with all these cases. The property now is looking great. That's all I can say about that.

Okay. Wow, Mr. Barrymore is asking his questions. Can I see the pictures? Go ahead, John.

Mike, I was wondering over the 14 years that it took to get this cured, over the 14 years that it took to get this cured, how much involvement did you have in trying to pursue remedial actions?

That's a tough one to answer. I did frequent the property way back when. When things weren't maintained, you know, obviously I drew the line and the violations just continued. So to answer your question, to try to answer your question, I would say within a year I would say maybe about, Five visits or so how often I mean it wasn't really good.

How often is a homeowner given? advice on what the Fine amount is getting to be because I'm you know, just for the sake of argument you go from Oh 601 2011 on the non-dwelling structures and fences and there's a quarter million dollars. Obviously that's not from one year. But are you notifying the homeowner

periodically that you've got these fines that in in in the time that uh that i would frequent the the area the property rather uh we we didn't have many conversations but i i always always tell the resident that we are not here to assess fines we're here to educate to prevent the fines so i do let them know that there are consequences if they're not if the violations are not cured I can't remember exactly the conversation verbatim, but I do always try to educate to prevent these matters. Now, again, it's been a long time, so it's kind of hard to... That's what I was trying to figure out is how are the homeowners...

notified that they've got this fine growing and growing.

I know the answer to your question. They get all the legal notices. They get a notification it's a violation. They get invited to come for the first hearing. They get invited to come for the penalty hearing. They get some kind of legal notice letting them know that a lien has been placed on their house and then that's it. If you're thinking, do they get like a monthly statement? No, no, no, I didn't know that. So if they were not paying attention, which is a bad idea, they could be blissfully ignorant that they're racking up a million dollars worth of fines. Could be.

Because they just grow day by day. Yeah.

But, you know, whether that's justifiable or not is a different story.

There's three separate fines.

I do go through the due process procedure, but I do have conversations. You know, sometimes I just knock on their door and say, hey, listen, you have these issues here. Or, like Mr. Pearl said, we post the property. We send certified mail. And we post Village Hall as well. And they have to show up according to the deadline. And the address is there and everything, the time and date. They show up, which usually they don't. That's the thing. And your board members here can tell you. It's unfortunate. But mostly... They don't. First or second hearing.

I've seen it before where they don't show up. I was just curious about how often they're given notice other than the that's one one title.

Yeah, one time. Hey, you know, is it a notice of violation and then that notice of violation will have a deadline to appear here. And then that case will get adjudicated and then there'll be an enforcement order. Send out that enforcement order would be mailed and with another deadline and if that deadline isn't met then that's when you guys impose the fine. So essentially they get two chances in terms of notices. Sometimes they will get a courtesy notice first, and then that's, you know, the courtesy notice, the notice of violation, enforcement order. So three notices before a lien is placed. And with extensions, too, between these.

And that's what I was kind of thinking, but when you look at this, and this is more directed to you guys, When you look at this, you had several notices for several different violations that you didn't address for 14 years.

Why? Because my, the nature of my work as a traveler, like I've been like one year totally in Washington, one year in Boston, and.

. So literally a lot of things go unforeseen. It's just that the last year or so we've been going through everything and then that's when we've been noticing the little violations. And that's why the more and more he's been talking to Mike, talking to the city, because he's unaware of the collection. At a point we're confused about why until we learn that it's a fee every single day.

And not only that, coming back to Miami, I had to go to Puerto Rico to take care of my mother. And sometimes they spend two times, three, four times in a year, I had to spend time there and take care of her. I know it's not an excuse, but that's been my reality that I had to deal with.

Mr. Boingatejo, you got a question.

Before I ask my question to him, I just want to support Mr. Orta with regards to the protocol that he's doing when doing the inspection. As far as I know, I think he's not allowed to ask, oh, you have a lien already in your house. So you better comply for this. I think the lien is up limit for the inspector of this. I don't know. Mr. Attorney, you have to correct me with that. I think the protocol is that Mr. Orta will just tell him, hey, you have a violation almost six months now. Maybe you have to really correct this. But with regards to Deline with 2011, I don't think he has an access to check that. That is only my statement. Now, my next question is, Mr. Crispo, you said that the house was for sale to be, right? Carlos Crispo- Eventually. Yes. Carlos Crispo- Eventually. Do you have an idea if there's somebody requesting to buy your house or something, and how much it costs?

Carlos Crispo- A lot of offer they offer. I receive offer every like two times a month, but because I was not ready, I so attached to the house too. because I've been with the house so many years, and I'm dealing with that.

So you don't have a ballpark at least how much this thing costs if you sell it?

If I sell it, it could be from seven to 900, something like that.

Okay, thank you.

Okay, then.

Kirk has a question. Oh, I'm sorry.

You guys are full of questions tonight. Kirk, go ahead.

I am trying to be very compassionate because I also lost my mother. So I understand what it is to take care of your parents. But what is astonishing to me, again, in my tenure on the board, is that when I hear the testimony, and believe me, I'm not trying to come down on you, but When I hear the testimony that you've been in the Shores 23 years, and your name again, sir?

Losani.

Losani has been with you roughly... About five years. About five years. There is no other than... Seeing Mike a few times, speaking to Mike, seeing the notices, it just stupefies me that you would not have taken more action on it. I understand you travel. I understand the reason for you going to see your mom and all that stuff, but 23 years in the shores, and you just never decided to... walk in the door and just say hey what's going on with this thing even when you came into the picture it's just astonishing to me that now because you have a lien on the property in the excess of. Possibly the value of the House that you're going to potentially sell here in the near future. And then you say you're attached to the house. So I'm really like all over the place trying to pinpoint what is it that you're trying to do. I just, it doesn't jive for me. I just got to be very honest with you. It just doesn't make sense.

Well, it makes sense in terms of I'm facing now. I did a lot of improvement in the house. Like my seat is like totally new, even the new roof. which has cost me $30,000. And I know it's not an excuse, you're right, but I focus not only in the past, it's just right now I make that house look beautiful in this beautiful village. And it's especially in that corner spot. For years I've been, if you understand about your mother, for years I've been on and off. And it's not for one and two and three years because she has a chronic diabetes and she was on dialysis too. So it's been a lot of things that I've been doing all these years that almost I had to, I even think to go back to Puerto Rico to take care totally and sell it, but unfortunately she passed away.

Mr. Chair, if I can offer some guidance. Sure. Mr. Crespo, this board is one of the most compassionate in Miami-Dade County. I want you to understand that, but it's highly unusual for a violation to go this long without correction irrespective of the most harsh, personal life event circumstances, right? The request for relief process is a settlement process. Whether you are going to be selling the property next week or you're holding it off for retirement, the board has to take into account the hard work of the staff to look at these violations, to continue to come out. And it's a partnership between staff and the property owner. It's very important for you to take into consideration that hardship from the village's end to make an offer that may be equally as compassionate and equally as reasonable other than the one that you have made. I would just offer that for the record.

To be blunt, do you have another offer?

Well, we'll get to that All right, I think were you finished were you next I I don't think we need to proceed. I think we're getting close.

One last question. So you mentioned, I picked up something that you, about five minutes ago or so, you mentioned that you wanted freedom, correct? So you were, you wanted freedom so you came here today to negotiate this, correctly? So you knew about it that this was pending for years and you finally just decided to come here because you want to

No, we just kind of, when Mike spoke to you about the big amount, that's when you learned that there's no way possible you can't even move forward with anything because of the liens. It wasn't just that he just saw it, years ago and now he want to do it. It's been a big negotiation when I spoke to him about the bills. When we finally concluded that it's that much, that's owed, he said he just want to pay it anyways. Because now that we know everything that's needed and defined that he has to pay, we said, okay, one, we want to just get rid of it anyways. And that was even before selling the house. We really got to talk to Mike and everybody that how much was owed and that it'll lean on that.

I guess all right.

One last question.

Okay, go right ahead. Give sidewalk three times here.

Three separate sidewalk violations. What's the, is that just in separate areas or what is that?

Well, it's it's it could be in separate areas or in one area. The fact is, is that if the sidewalk is dirty, if it's more than 50%, we'd like to go ahead and provide a notice. Yeah. And and I was trying to try to be lenient because he is on North Miami Avenue, high traffic and everything. But, you know, when we go out there, we try to get all the violations at once.

I think what Jesse was trying to say is if there's three sidewalk violations, does that mean he fixed the first one and then got a second one, and he fixed the second one and got a third one, but yet failed to call you and let you know that the first one had been fixed, which is why they all have a July 25 compliance date?

Yes, and I find most oftentimes that residents don't call us back when it clearly says to do so in the notice. Okay. They figure that we go out there and figure it out.

I think we heard enough. I think the board members are ready.

Rod, please. Mr. Crespo, I'm going to ask you if that is your best offer that you want to make tonight. And I think you probably already realized that $1,000 is not going to work. But like I said, if you're not under any particular hurry to sell the property, you know, I'm not letting out any secrets. If you want to settle for the minimum amount and you have a lot of time, you can come back, you know, make a low offer, come back next month, make another lower, slightly higher offer. If you're in a hurry to sell the property, you should probably make a good offer the first time. That's entirely your decision. But I'm fairly confident that $1,000 is not going to be looked at. So having said that, is this your best and final offer tonight?

Question. How much time we have if we make another offer? How much time to pay?

How much time? I think you could do one a month. Yeah, you know. You could come back every month until you eventually offer a high enough amount that we accept.

And how much time I have to pay the amount that I.

That was my next question. If we, whatever offer you're going to make tonight, my next question for you is how much time do you need? So step number one, is this your best offer tonight?

No.

No. What is your offer tonight?

$5,000.

$5,000. And if the board were to approve that, how many days would you need?

90 days.

Okay. Okay. So we have an offer $5,000 within 90 days. Do I hear a motion?

Mr. Chairman, before you go call the motion, I have a quick question.

Okay.

Do we still have the BP?

No.

No more? No.

I mean, you could, but I'm not doing it. You could. And do I hear a motion? Second call for a motion. Your offer failed for lack of a motion. So, you know, maybe come back next month and I'd suggest make a higher offer. Well, thank you for coming.

Next we'll see 20 northeast 104th Street For the record, could you please identify yourself and explain your relationship to the property?

Yes, my name is Moises Mallonica and I'm here on behalf of La Quinta Del Rey LLC, it's a company. I'm hearing regarding the case number 04-24-209 that was issued against the property located at the 20 NE 104th Street, Miami Shore, 33138. This violation originated prior to our ownership. of the property and was unknown to us that this violation was present. We wonder how it didn't come out when we did the lien search. AND WE PURCHASED THE PROPERTY ON SEPTEMBER 30th, 2024, AND NOT DURING OUR DUE DILIGENCE OR CLOSING PROCESS, WE WERE MADE AWARE OF ANY OUTSTANDING CODE VIOLATIONS OR PENDING INFORMATION ACTIONS. WE ONLY BECAME AWARE OF THIS ISSUE WHEN A LEAN NOTICE WAS PHYSICALLY POSTED AT THE DOOR OF THE PROPERTY. And within the 30 days we received the violation, we cure, we take action, we contact the city and we make sure that the violation was completely cured. We understand the importance of the code compliance and maintaining community standards and we took this matter seriously from the moment it came to our attention, however, as a violation occurred prior to our ownership. And we have no knowledge if the time of the purchase we respectfully request that the lien would be reduced or waived. And we believe it is in the interest and fairness of community cooperation to relieve current property owners of financial responsibility for regulations they did not commit, especially when immediate action and complete corrective actions was taken.

Okay. Mr. Mayonica, question. I assume that this is not your personal residence. You're representing MGR La Quinta LLC?

That's correct.

Am I also correct in guessing that you are buying these houses as investments and fixing them up and selling them?

Yes, sir.

My next question is for the attorney and for Mr. Orta. Based on your files, does it seem reasonable that a title search that was done in connection with a September 30th sale that the lien on these properties would not be posted? And did I understand you correctly that when you bought the property, there was, okay.

We weren't aware.

You did a title search and there was nothing. You did get title insurance?

Yes, sir.

Okay. That's my question. Does that timeframe seem about reasonable or not? How long does it take for the liens to get recorded?

It's also based on when it becomes time for it to be leaned as well, even without it being requested. So like I said, you go through the whole motion, the courtesy, notice of violation, enforcement order, till it gets to the portion to be leaned at that point. So if it was never cured, then it would be leaned. Typically, on average, when we have these meetings and you guys appoint fines to those cases, it takes me, I would say, two to three business days to get that into our system. And I would say the court, on average, I've seen them record it same day. I've seen them take two weeks. I think one time almost an entire month had gone by before they did. It is solely up to the court when those get recorded. I could only speak for myself. It takes me two to three business days to get all the paperwork done. I would say it takes me at most a week for the village manager to sign it. But once we put it in the system, it's all up to the court.

Okay. All right.

I have a I have a question for the board.

And then I have a question for... Just a second, Jeff. The other thing I would like to mention before we...

Which is what I was just about to talk about. Yeah, okay. You go ahead.

Well, then this may be a lot easier. Okay. Like the previous case we had this evening, there is remodeling with no permits and...

I know how I'm gonna vote on this one.

So why don't we save everybody a lot of time?

Request for relief letter that you respect code enforcement and yet your company is doing a full house gut and renovation without permits in the village. Is that correct? You have not pulled any permits currently for any of the renovations in the house?

Yeah, yeah, yeah. We do the windows. We do the painting. We do the...

Yes, and the interior. So I see kitchen, bathroom, HVAC, lighting, and lighting affixed to exterior walls. So you did a lot more than just the... You pulled permits for the outside stuff that we could see and did everything on the inside. that you couldn't see without permits in order to flip this house, correct?

I'm one of the investors. I'm one of the investors of the company, and we took the house, was halfway. For the things that we performed, we asked for the permits.

So you did no due diligence to see what was still remaining on the house?

No, the things that we did, we asked permit for it.

Did you do the kitchen? No. You bought the house with the kitchen?

No, no, no. The kitchen, we changed appliances, and we changed the countertops.

Okay, that still requires a permit.

Mr. Berryman?

um anyhow i was going to suggest that we table this and postpone it to next month or to when all of these are all the permits are mr chair i'm sorry yeah i just handed mr berman mr berman uh the uh the current notice of validation that was posted um okay uh i can't read that question

I would also like to point out the pending admin fee that I've sent emails about

DO WE HAVE A MOTION? ARE THESE ACTUAL PHOTOS OR MOCK-UPS? THESE PHOTOS.

THOSE ARE FROM THE ONLINE.

This is like a listing or something.

Would you like a motion, Chair?

Unless we have some more vital questions, I'm ready for a motion.

I'd like to move that we don't accept the offer and that the pending violations have to be cured prior to offering another settlement. Understood.

I have to, I'm sorry. I have to recall my second because Barry did not ask him is this his last offer or what?

Are you going to second that or not?

We're not worried about that.

He made a motion to continue this until it's rectified. Okay, second that. Okay. And actually, gentlemen, We don't even have to do that, although there's nothing wrong with it. We could just do nothing at all and let it fail for lack of motion, which would kind of result in the same consequences.

I think it would be good to make it clear to the respondent.

I have no issue with that at all, John. Okay, would you call the roll, Madam President? Absolutely.

Mr. Hahn?

Yes.

Mr. Pearl? Yes. Mr. Rodriguez?

Yes.

Mr. Buenconcejo?

Yes.

Mr. Berryman? Yes. Thank you. Mr. Canciano?

Yes. Okay.

Mr. Maimonica, when you get everything fixed, come back and talk to us, and we'll take care of everything at one time.

Okay. Thank you. You mean get the permits?

Oh, yeah. Well, when getting it fixed, yes, with permits, please. Permits.

Be a good neighbor.

Board, may we get back the email and case, please?

Yes. Just one second. Sorry. Oh, your documents. They need this back for administration. All right.

They're not sharing.

Yeah, thank you.

Okay. So we got one more?

Yes.

Yeah. We will see Daniel and Joseph for 77 Northwest 109. Okay.

Gentlemen.

Good evening. My name is Daniel Dorsgaard, and this is Joseph Young, my father.

Okay. And you are David? Daniel. Daniel. Yes. Okay. Gentlemen, briefly, Why should we accept your offer of $500 to settle liens totaling 2.6 million? It was that much?

Yeah.

It's a big one. Some of these go, they're old, you know.

Back to 2009.

Here's the scenario that I've explained to the gentleman right here when I took over. I have two brothers that was in charge of the house. I don't live here. I live in Palm Bay. And the oldest brother, he was in charge for a while. Every fine that was accumulated, he told his man that it was taken care of. He has no idea what was going on. He's in and out. He lives in Haiti. Because his wife is in Haiti as well. He comes in for a few months, take off. Right? So up until what? When I met you, I came and I met you last year. Yeah, him and my brother was here with you. And they was talking about fixing this and that. Until I took over, nothing was taken care of. But the thing is, most of those fines that's on there, other than the front yard, And I think that something else in the back of the house, cleaning the back of the house, everything else had been taken care of. No one ever came down here to let these people know that it was done. There's a vehicle that's supposed to have been removed off the house since the Honda. It's been on there for almost 20 years. It's been gone, gone for years. That was my brother's car. But no one ever told you guys that it was gone. The only thing that I know for sure that was recently taken care of was by me was the front yard because it was damaged because I think somebody wrote a truck on top of it and damaged the asphalt and I took up with myself to fix it on my own. And I think it was Frank that drove by and seen that and stopped us saying that we couldn't do it no more. It has to be done with a permit and has to be done with a home. We didn't want the asphalt there anymore. They need the grass. So I tried to find me a contractor to do it. He wanted $3,700. Well, that's something I can do myself. So I came here, I spoke to Frank, and he told me to go ahead and take care of it without a permit. And if I can get it done myself, he'll come over there and approve it. And if you go there now, he can tell you the back of the house, the front of the house is up to par. He's had, I think, about 10 or 7 offers about what he wants to sell. He doesn't want to sell. This is his home. This was his first home that he ever purchased. And this is where he wants to be until the day he expires. So this house situation has been driving him crazy. I have blood pressure. Every three months, I got to run to the doctor. So he just wants to take care of it and get the pressure off his mind so he can relax and enjoy his retirement because he has not been able to. This gentleman came down here into the States, what, 91, I think. He purchased the house. Think, what, $75,000 that he paid for, or $90,000, if I'm not mistaken. Now the house is worth, what, 700-something? He doesn't care about the money. He likes the neighborhood, he likes the property, and he wants to stay there. He's done everything he possibly can to fix the place. Because of my two brothers, he thought everything was taken care of. He never knew. Mike was one of them. Frank was one of them. And this gentleman right here was the last one who'd been to the house. And me and him even almost got into it because he was telling me that I can't remove this vehicle because it's there. No, it says the Honda Accord. And I told him, that's not here. That's been gone for umpteen years. There was a boat. I took care of all that stuff years before. But now that he's put me in charge of the house, And as he can see, he can go over there, nothing. The backyard is clean. The front is nice. The grass has been regrown. No issues. And like I said, this man loves Miami Shores. He's came from Haiti. That's where he's been. That's been his home. In and out. And the thing about it is they took advantage of him because he speaks no English and reads no English. So they'll tell him one thing and he'll believe them. He'll come here, spend a few months, and take off, go back to Haiti. Then when he comes back, all these fines, I didn't find out about the fines until I met Frank. Like I said, last year, I met this gentleman right here because my brother came up here with him, acted like he would take care of what was going on, and didn't do nothing. And all those fines that's on there now, they have been taken care of. He never said anything that doesn't matter about that.

Can I make one comment? You guys will see that there's multiple different violations for the vehicles. You'll see that a majority of them were closed way back in the past, but you'll see there's that repetition because of the different types of vehicles, the different times we've seen those vehicles.

So there was more than one vehicle. Correct.

Continuously. And a majority of them were closed back in 2013, so those haven't continued to So you're going to see that each violation will have, for the most part, a different compliance date that were resolved.

Mr. Goulame, I appreciate the complexities of family life. And I appreciate what you were saying about your brothers who perhaps were not as helpful as they could be. They don't even help him now. Yeah. But we've all got issues in our family. And when our family issues start to affect the neighbors, that's where you have to draw the line. So, you know, it's, you know, I would understand your father having some problems with the sons that didn't do what they were supposed to do, but it's really not going to make any difference about the code violation, you know. And you've already answered the question that your dad plans to keep the house for the rest of his life, so it's not for sale, about refinancing. Are we refinancing? Okay, because we've got to go down that list and check all those things off. And like I mentioned to another case here tonight, it doesn't have to be your last offer. I am almost positive $500 isn't going to fly. And having said those, Mike, do you have anything you'd like to add? No. Or staff, you know, since you're in charge of the staff, I ask you.

I'm sorry, so where do I begin? So, when I first started working here, we had a different way of enforcing our areas. So, we split the shores in two, me and Anthony, right? So, this was Anthony's area where Mr. William lives. Yeah, well he was the officer that first initiated the earlier cases. The way that our office would see their property unfortunately is Just totally ignored the court of ordinances. I mean, it was, we would constantly get calls. There were multiple vehicles on the, in the swell area. There was even a semi truck. I think that was yours?

My brother's not me. I don't own a semi truck. No? That's what I was saying. They was doing. Oh, okay. My apologies. Mike, I don't live down here. My apologies. I live in Palm Bay. Yeah. You know, and I came over. When I met you last year, which my brother was, I supposedly thought he was doing what he was supposed to do, and he wasn't. Because of that, this man has been here all year this year trying to find out what's going on, what moved the goal, where the goal. He spoke to this gentleman, and the gentleman even told him about acquiring a lawyer. He acquired a lawyer. The lawyer asked him for $6,000. Nothing has been done.

Right.

Well, I mean, in conversations with your brother, he said it was your truck.

My truck? Yeah. You must be talking about Benson, not Daniel. Oh, okay.

Well, I mean, I'm just... But I'm trying to say the perception is reality. So it was more like a regular stop at their property. You're talking about...

I'm sorry? Benson... It's the one that drives semi-trucks over the road. I work for the railroad.

Understood. The perception, again, like I mentioned before, in reverse, the residents thought that we weren't doing our jobs because it was an ongoing issue. It was constant. I even tried to have a conversation with him, but there was a language barrier. You can see that. So, it was not only that, but yes, we did have issues with your brother. Public Works constantly would find, I think he was transporting fruit or some kind of.

He works over the road, so when he does pops in, it's never long. But again, like I said, I don't know how often he would, you know, he would. to park the truck there, because like I said, I wasn't living down here.

Well, he was bringing, what I'm trying to say is he would bring, I guess, I don't know, trash or boxes from, if I can recall correctly, fruit. And I guess when he would deliver whatever it was, he would bring home the trash of that load or something like that. And public works, sometimes it would block the alley. So like I said, total disregard over court of ordinances. His two brothers, I guess, created this issue. And it was an ongoing problem. They totally ignored us. And that's all I got to say about that.

And again, to his defense, he didn't know anything about it.

I think my opinion, they just abused the fact that dad is old and he wasn't home most of the time.

And that's the problem now. That's the reason they don't speak to us now because of what we're doing. They told him that, oh, don't worry about it. They can't take the house from you. They can't do that. Which is wrong. And he don't know no better. So I'm making sure that it doesn't happen.

So there's currently the neighbor to his east, the east, is constantly asking him to buy the house. Because he's remodeling the house. He's dumping a lot of money in the house. And she's afraid that this is going to continue. That's her fear. So she keeps offering him to buy the property. So that's it.

Mike, since we have you on the line, what's the condition of the house right now?

Oh, it's fine. If not, they wouldn't be here. But it took work to do that, especially in the backyard. You should see it now. Yeah, no, I know.

Well, you wouldn't be here.

Thank you.

Mr. Merlin.

Yes, Mr. Chair. Here's something for the board and the Guillaumes to consider. If the board wants to accept an offer, but the board is skeptical about the offer, you can make it a conditional mitigation. And if the property is sold within a certain period, then that settlement offer goes to a different amount. And if it happens during that time period, the lien is going to remain on the record until it's cleared up either way. No sale or a sale.

I wish we were talking about that long ago.

Can I just ask? Okay. Go ahead.

So with what you just stated, with what you just stated, if they, just hear me out. If they decide to sell the property and the lien stays on there, the buyer would have to clear the lien. Got it. I want to make sure that that's...

I'm not sure how you do the mechanics of that, but I understand the concept.

The mechanics is a conditional promise. You're going to settle for $1,000, $1,500, but if you sell within a year, it goes up to $5,000.

Well, okay. I was thinking it would go back to 2.6.

Oh, for the buyer? No.

That's also a lot. Well, I was going to say, if we were to move on the idea that this house is not going to be for sale, which actually that's probably a bad idea because nobody knows. How long they're going to keep?

Yeah, you're not guaranteed.

Yeah, you know, I may plan to live in my house the rest of my life and then something is going to happen six months from now and I have to move.

On the selling, he was offered $940,000. He told him no.

Well, he can't because he owes $2.6 million. So unless he's got like a million and a half dollars to write a check, he can't sell it out. He does not want to sell. He wants to stay in his house. He's upside down in the house right now. He owes more than the house is worth.

It would still be a good condition.

I mean, those numbers were speculative entirely. But it's something that we could do.

Board, remember, if you like the idea of the promise, but not the numbers, you could always... No, that's what I'm saying.

Thank you for the clarification.

Here's another thing to think about. Go ahead, Rod. I have a quick question. This is not the annex, right?

I'm sorry. This is not an annex house.

Remember the annex? The property that we annexed.

Oh, no, no.

It's closed by now. Here's another thing for Mr. Gilliam to think about. These liens don't get any higher. Once you fix it and then call the code enforcement officer and they come out and see that the violation has been cured, these numbers stay the same. They don't go up. So hypothetically, if your dad wanted to live there the rest of his life, he could. We can't force anybody to pay these. Now, you won't be able to sell the house. But he could live there the rest of his life, and then you and your brothers could come back here years from now and start over. I just wanted you to understand that it's not piling up. This is as far as it goes.

The thing about the piling up situation, like I was explaining to y'all, most of these finds, it was already taken care of. No one ever came down here. to let the inspectors know what was going on.

Is it possible for you to prove that? See, this is an issue with that. We've had that before with lots of people, and it's always the same thing. And if the property owner can say, well, yeah, I can show you that because I have a receipt, from when we towed that junk car away. Or I have a receipt from the landscaping company in 2015 where they came in and laid signs down. It said that, yeah. Well, if you had some receipts. But I'm just saying that, you know, because we get people who, we get the whole spectrum. We get people who are telling us the God's honest truth, and then we get people that are making stories up. And if you can somehow or other find something that shows, that the lien should have been ended years ago, we can work with that.

Mr. Chair, can I just bring some closure to this, maybe bring it in for a landing? We don't get involved with family dynamics. We don't pass any judgment.

Well, we do such a great job here.

I think we should add that. But family members are missing when the worst is happening. But family members show up. when Christmas is happening. And I want to just say that Guillaume's, the family, you as a brother, unless your father is going to pass this home on to your, to you personally as a legacy, you take the good and the bad, right? You know, so the village has to bear the good and the bad when homeowners don't do what they're supposed to do, especially your brothers putting this burden on you traveling so far. At the end of the day, our job is to create parity and enforcement and compliance, right? You've done a good job. You've done your part. The bleeding has now stopped. But there was bleeding that has to be, someone has to pay for that. And it's your dad that has to do that. And $500, based on the board's history, is just not going to do it, right? There may need to be a family meeting to come back with a better offer.

He's definitely not going to be able to pay that because, again, he only makes $500 a month. That's all he makes. That's $100-something dollars of $165 from Social Security and $421 from his... Not going to work. So he offered the $500, that's what he makes a month. If I have to put in another $2,000 myself, I'll do it. But I just want to give him his closure because he does not want to lose his house, and I don't want to lose his house either. He's not going to lose his house.

Can I just clarify? I tried to make that clear before. Let me just clarify what he said, okay? What he said... And to Mr. Hill's point, the bleeding is stopped. You understand? There's no more accumulation on the fines. You understand? It's stopped at the number that you see here. You need to be aware of that if another violation happens, it gets added on to that. It's a different story. Okay, so we're good. We're tracking now. The chairman, along with Mr. Hill, stated, you can live, he can live in the house another 100 years. God forbid, the day he goes, and it's a fight between you and your two older brothers, someone's got to bear the burden and the consequence of this. Or the house is upside down. So you're going to give the house away because you have to pay this amount for the ignorance, negligence, not doing, parking the truck, leaving the garbage, lying to you, lying to him, someone is going to have to pay for that. Right now, he's good. He can stay in the house as long as he doesn't violate anything else. That's it. Case closed. But if you decide to stay in Palm Bay, and again, I am not trying to get into family dynamics, And you just let it go, and something happens. It gets slapped on, it gets slapped on, it gets slapped on. And now it's going to be astronomical for you to try to inherit your father's property. So I hope that I've clarified that for you, because I think your concern was, hey, how do we resolve this? It's sort of resolved. It's already resolved because you've stopped the bleeding. You've done your part as a good son to fix and remedy the issues. Kudos to you. God bless you for that. But there's a debt that will always loom over that property.

So far as the offer goes, he has five and I'll put another $2,000 on it, so $2,500 is

Okay. So, well, do you have another question? Oh, okay. So, I was going to say, so that's $3,000. And how long would it?

I thought you said $2,500. $2,500. Oh, okay. Okay, $2,500. And how long, if the board accepted that? Give me 90 days.

Okay. Okay. Chair invites motion mr.

Chair just to kind of accent accentuate the point from my previous point if you believe Because you don't trust the family dynamics and the property is sold within a certain time period that settlement offer could be between 2500 and whatever amount you think is most appropriate and the lien will remain on that property for that time period and just to give you some more comfort as an option.

Okay, thank you for making us aware that we have that option. And having considered that, does anybody want to make a motion?

I would like to make the motion based on the verbiage, the articulation of what Mr. Hill had just put out public record. So, it's fair to say between $2,500 and one of the offers you said was, well, $2.5, right?

Well, the fine is $2,612,200. $25,000 if they sell it.

Okay, I fix my motion, if I can, and make a motion to

let me see how I can articulate this, to render the, help me out, help me out, yeah.

So the board, Mr. Guillaume, follow me very closely here because the board is trying to protect the interest of the village. Correct. Very important that you understand that. Your offer of $2,500 is being considered. THE MOTION THAT POTENTIALLY COULD BE CONSIDERED IS THAT THE SETTLEMENT OFFER OF 2500 COULD BE PAID WITHIN 90 DAYS, BUT IN THE EVENT THAT THE PROPERTY IS SOLD WITHIN X TIME PERIOD, WELL, THE BOARD CAN DECIDE WHAT THAT TIME PERIOD IS TO CREATE A PERIOD OF TRUST THAT THE SETTLEMENT OFFER WILL BE INCREASED from $2,500 to another amount, right? And if the property is not sold during that time period, then the property, the lien will be released. It won't be sold.

I understand. Nobody says. It won't be sold. Well, that's... We'll let time tell us. I mean, God forbid he's 86 now, anything happens to him, that means it's going to be left between me and my three brothers, right? And guess what? They can't sell without me, and I can't sell without them.

So it ain't even sold. Mr. Chair. Curt, hold on.

Because he didn't make a lien.

I'm trying to articulate the motion that I'm trying to make. So I want to be clear, and please help me. I make a motion to accept the $2,500, right? And when the house goes up for sale, to move that number to $25,000, or a number that the board can discuss, that they'll feel comfortable with to protect the village. And that number, when it's set, will be due upon 90 days from closure, closing of the sale of the property.

Within what time period? 12 months, 24 months, 36 months? 10 years, 5 years, 2 years.

6 months.

Six months. Oh, I'd do 12.

12 months? Thank you. That's what I'm looking at you. You got the brain. I don't like this idea. Okay. But...

Even if you twisted my arm, I don't like it because I don't like the logistics. I'm not sure how the village is going to enforce it and so on.

Because the lien stays.

The lien stays. Oh, okay. That's okay. All right. That clarifies that.

That part I understood.

I think your numbers are a little low, but I'm thinking in terms of the time period for the fallback, I'm thinking more like five years or something like that. At least two to five years. I'm with you. Let's discuss it.

I'm good with it. I'm just trying to get it to move on. Okay, then throw something out there.

I don't feel like $25,000 is nearly enough.

I agree with you. I just threw a number out. I was just throwing that out. We do not have a motion. They don't want to second it.

Yeah, that's why I'm saying.

Okay.

I'm confused, so I'm going to say it one more time. Do I hear a motion?

The motion I just stated. Okay. So you said $2,500 accepted now within 90 days. Correct. If the house is sold within 12 months, that amount will go up to $25,000. Correct. Due in 90 days. Correct. Okay. Closing.

Correct. Okay. That was my motion. All right. Do I hear a second?

Can I make another motion?

In a second. Okay. That motion fails for lack of a second. Go ahead, John.

I'd like to make a motion that an initial payment of $4,500 be made.

In how many days?

in 90 days and that should the property sell in the next 36 months that would go up to $75,000. Okay.

Does anybody second that? I'll second it. Okay, we have, and by the way, if you don't like this deal, you don't have to take it. You can just do nothing and we're right back where we started again. Okay, so we have a motion on the table. Pay $4,500 within 90 days. If the property is sold within 36 months, the amount goes up to $75,000.

Okay.

And Madam Clerk?

Oh. Well, they're not both now.

Yeah, you gentlemen, you can't adjust the motion. No, I'll explain it to him. He don't understand it. He doesn't really understand it.

Oh, okay. We have 90 days to pay $4,500.

Okay? Well, that's good. The thing is whether we accept it. Don't celebrate yet. Okay. Madam Clerk, would you please call roll?

Mr. Perl?

Yeah, I'll say so.

Mr. Rodriguez?

Yes.

Rod?

Me? Mr. Ron.

I was going to try again. My vote is no.

No. Mr. Berryman?

Yes.

Mr. Canjiano?

No. Yes.

So, what do we got? Mr. Hahn?

Yes.

So, we got five yeses, one no. Correct. Motion carries.

Thank you.

And, you know. One point. Mr. Guillaume. Okay.

You're right. It's $4,507 that we have to pay. We have $40,000 to pay. Then we have $40,000, and we're done. But if you have $20,000, I don't care. I don't care. I'm telling you this. I don't care. I'm telling you this. I'm telling you this. If you have $20,000, I'll give you $23,000. I'll give you $15,000. Do you agree? Mr. Guillaume, if you could explain three things I need him to understand, if you could.

First one.

If you have any issues paying the $4,500 within 90 days, you need to let us know.

That's what he's telling me about. Okay. I understand. I understand. It's not enough for him. I'm very familiar with that body language. I told him I'm going to try my best. Okay.

Second thing is that the lien is going to remain on the house for 36 months, three years. We know about that.

As long as the bleeding stops, that's the main thing. I just need him to get his pressure back under control.

Okay. And the third thing I need him to understand is that... After the decision today, he has nothing else to worry about. Thank you very much.

So I just want to make with something very clear that and forgive me chair, but I wanted to do this to amplify with Mr. Hill said and what the chair is trying to convey. The bleeding has stopped in the hopes to help him with his health. Based on what he just said, the city attorney, okay, 90 days to pay that $4,500, okay? The lien remains on the house for 36 months. He made a point that, hey, that should put him at ease unless the brothers come back.

Park their trucks in the yard again.

Park their trucks. Listen to me. Just hear me out. I know you're saying no, but you live in Palm Bay, sir.

But I'm here every weekend.

Okay. Good. What he's trying to convey and what the chair is trying to convey and what those two gentlemen in the gray shirts are trying to convey is the bleeding has stopped. Everything is good. But there's always that but. If something continues to happen... kind of nulls and voids what we did here today to try to help you out. Yeah, it's a little excessive, 4,500, based on the information we got, but we have to look at the interests of the village.

Of course, I understand that. Okay, I just want to make sure that... You say the brothers come back and do the same thing again. If that happens... Miami Shores will be over there, and it will be in the body bag. I guarantee you that. Well, we don't want to hear that one. It's on record.

Mr. Chair, I just wanted to carry what Mr. Rodriguez said. I wanted to add to that. We do get complaints about the property, not currently, but like he said, you're going to Bombay. That leaves him wide open. Okay, so please, if we got a call, we can't go and say, don't do this again. We've got to go with a notice, and you've got to be in front of them. We're not going to continue any cases. I just wanted to say that, and I would like to be more lenient, but because of the history and because of the well well I remember that conversation but we we were dealing with your brothers even after you said that and I appreciate your your of course your passion to help your dad but because we have your two brothers that apparently don't care like you do we have the potential of them coming back and recreating this whole thing again so I just wanted to say that, and thank you very much, Mr. Kirkland.

I'll be making a phone call to you guys. That shit happened again.

I would also make a suggestion that you have some manner of monitoring your father's mail to make sure that if any notices come through, because he can't read English, I should say, because he doesn't read English well, that you be aware of the mail that's come in, because it will come registered from the village, and it is... Very, very important in this situation that that is tended to immediately. If there's ever a notice posted on the door, that is serious business for you guys.

And he just sat through several other cases where that was the case. So at his point, it's important that that should be set up.

But you'll be able to protect him from this because right now he's not at any risk of losing the house, nor was he at risk of losing the house. The issue comes if you ever try to sell it. That's where that lien becomes a problem for you. So in terms of your father living there indefinitely with that, even if this wasn't settled the way it was, he was never at risk of losing the house for that. And I understand that's hard.

to get but to explain that 86 year old mule yes yes we under we all we have old fathers too it's tough and i do want to say one more thing like we mentioned earlier this board is very lenient they're not pushovers what happened today you can see the kindness here oh yeah okay so please if you can maybe you know talk some sense to your brothers and let them understand what just happened here

That's all I want to say. Thank you. All right. All right. Thank you. Thank you. Thank you.

Okay. I believe we have one last order of business, and that would be to- We have two more orders of business.

Bye, guys. Pleasure meeting you. Bye, Joseph. that will be the last thing we do today that's okay I don't have an agenda I'm just completely fine the next thing on our agenda is to go over our meeting minutes I did two copies in the middle okay well I've already read them so anyone else who needs to look at them carry on I wasn't there

Yes, we do appreciate all the attachments, by the way, Emily. I do want to say...

I do want to say that it was shockingly surprising to get it when I got it, and I did go through it. I just didn't get a chance to read this, so kudos to you for getting it out early, early, early, for the record.

She works hard, guys. She does.

Just Kirk that needs to review them? For people that are reviewing them?

not everyone else was here for that meeting I was here I looked it over and it looked okay but it would be good to have somebody back me up we're ready to go through it okay yeah there is there a motion to accept the minutes so moved okay seconded by John all in favor say aye aye nay Okay, motion carries. Now, you said there was one more? Oh, electing a chair.

I did also want to say that it had to be on this meeting agenda for record-keeping purposes. If you guys wanted to wait until the current chair, Patrick Huber, is present, you're more than welcome. You're more than welcome.

Or you can vote him in while he's on vacation.

That's also correct.

Once we have new council, we're required to do it again. That's the thing.

Yeah, so what's the preference, gentlemen?

Mr. Chair, before you proceed, can I say something?

I'm the vice chair, but I'll answer your question anyhow.

No, it's not a question. First of all, I'm happy to be back after one year of sabbatical. But on the other hand, I have an early reservation six months ago, so I will not be here, for your record, on September and October meeting, because I will be out of the country.

So we won't see you until November?

Yes, November. That's an excuse.

All right. Is that an excuse, Damsons?

Yes.

You only have one left. Let's not even go into that. No, excuse means I have nothing. At the previous meeting, I said I don't think it makes any difference whether it's excused or not. Thank you for letting us know. Most of the time, it's a problem. Are we going to approve the minutes? We did approve the minutes. Okay, what are we going to do about the voting?

I move to table the vote until our chair is back. Oh, okay.

He's only been doing it for two months.

Pat? No, he's been doing it for... He's been doing it for quite a while. Yeah, and for the record, I think he does a good job.

Thank you. So you say we... I'll second that, that we carry it over until next month when Mr. Huber is here.

Oh, okay. Gentlemen?

But we can't hear you because your microphone isn't on.

Okay. We have a motion to postpone elections until the next meeting. All in favor say aye. Aye. Nay. Okay. We'll do it next month. The only other thing I'd like to add before is we're not supposed to talk among ourselves during the meeting. And I know it's tempting to turn around and say, hey, what did I say? But Any comments we made should be made, A, when you have the floor, and B, on the microphone so they can go into the record. Otherwise, the attorney is going to get mad at us. Right?

The attorneys, guys, me. When I got to do minutes.

That's why I left my microphone on most of the session.

Well, I think there's this misconception that when we turn around and whisper in each other's ear that it doesn't go on the record, and that's incorrect.

No, it needs to go under. Well, it should go under.

It should, yeah. So that's why.

That's why I leave my mic up. Yeah.

Yeah. Well, okay. All right. Do I hear a motion to adjourn?

Moves.

Seconded?

Seconded.

All in favor?

Aye.

Aye.

Turned it off for the aye.