HB 303: Property Damage Caused by Limestone Mining Operations / Senate: SB 486
HB 303: Property Damage Caused by Limestone Mining Operations by State of Florida Representative Tom Fabricio
Click to read online: https://www.flsenate.gov/Session/Bill/2025/303
SB 486: Limestone Mining Operations by State of Florida Senator Bryan Avila
Click to read online: https://www.flsenate.gov/Session/Bill/2025/486
LinkedIn Article:?https://www.dhirubhai.net/pulse/01-27-25-blasting-advisory-board-meeting-esperanza-hope-reynolds-xubee/?trackingId=3NRuH8%2FKQVWoT3mYFd%2FAtg%3D%3D
02-04-2025 Quarterly Committee Chair Meeting, Council Chambers @ 06:30 PM
Youtube video: https://www.youtube.com/watch?v=pR8YRkCYUhM
01-27-25 Blasting Advisory Board Meeting:
1. To search for committee videos: Link
2. Attendance Records can be verified through the links for each meeting, all provided
3. The Town of Miami Lakes Clerk provided the Job Description of the Blasting Advisory Board Liaison
4. Esther Colon shared the Subcommittee Agenda for the 02-06-2025 meeting scheduled at 3:00 PM
5. Program Draft, a rather interesting Workshop, we encourage the community to attend and also to reach out to friends, family, contacts in Doral, Hialeah, Hialeah Gardens, Homestead, Miami Dade County at large and Miramar
6. Finally... comments received in writing
7. Since publishing this yesterday, 23 new subscribers have joined our Blasting issues group...
To search for other Town Committee Meeting videos:
Required Corrections:
Meeting Agenda dated 01-27-2025
#6 c: Chairman blanco to Chairman Blanco, Talahassee to Tallahassee
iv. If the title is used for Mayor Cava, the title should be used for Senator Rene Garcia
The use of acronyms must first explain what they are, what is GMCC?
The Blasting Advisory Board was established to discuss and provide the Town Council with recommendations and possible solutions to ease the effects of rock mine blasting. [Vague, does not incorporate the purpose of government, we, the people]
Correction Required:
The opening page of the Blasting Advisory Board on the Towns website still has the old Mission which was revised in the presentation prepared by Franchesca Ortega which expands the Mission to capture the real essence of the purpose of the group: Mission / Who we are? The Blasting Advisory Board was established to gather input from the community, to be the link between property owners who experience blasting related damage and the Town of Miami Lakes to discuss and provide the Town Council with recommendations to achieve possible solutions to minimize the intensity and frequency of rock mine blasting.
Required Correction, Miguel Martinez must be included on the Towns website, two others are to be included
Oath of Office by Miguel Martinez was completed on 01-06-2025
Miguel Martinez returns to the Blasting Advisory Board, taking the Oath of Office on 01-06-2025, a great 3 Wise Men Gift to the Miami Lakers!
In the room we see more people than what the Board consists of because left to right a son of Eladio Armesto, the wife of former Blasting Advisory Board Chair Miguel Martinez are both attending. Right at the end it appears that Felicia Salazar is attending on behalf of State of Florida Representative Tom Fabricio.
At the table we see Esther Colon, Chair Rudy Blanco, Miguel Martinez who has returned but has not yet been listed through the Town website, Francesca Ortega, not sure about the other two gentlemen, Eladio Armesto and Town Liaison Aisle Pastora... Meeting starts @ 08:26 on the dial by taking attendance. Quorum is achieved...
09:07 Public Comments... Esther Colon mentions that the two gentlemen are future Board Members. The committee rules now demand the future Board members attend meetings before officially joining the committee, Daniel Monticello, Edwin Orr.
09:25 Esther Colon asks the two that will join the Blasting Advisory Board if they have something to say and both thank the group and look forward to participation. Esther explains the process that both must visit the Office of the Clerk to complete the paperwork and be sworn-in.
Suggestion: Anyone joining the Blasting Advisory Board should state the reasons why they are selected to be part of the BAB, what expertise do they bring to the group? What community do they represent? A brief description of their background, education, awareness of the Blasting related issues. During the Council meeting the additional members were explained in full detail:
First at 01:33:58 Town Clerk Gina Inguanzo explains why the need to waive the rules, not a resident, employed or owner of a business in Town of Miami Lakes, requiring waiver of residency in Miami Lakes but must attend at least one meeting of the Blasting Advisory Board.
Second at 01:35:40 Councilman Steven Herzberg discloses he will also appoint someone who lives in Palm Springs North, a community that is north of Miami Lakes, not incorporated but one that has experienced the impact of Blasting joining our efforts for many years now. BAB has an exception for membership as long as there is a background that is ideal for the Blasting issues. J. C. Fernandez further explains, an engineer that is qualified. Other appointments that require waiver, Safety, #11 not a resident, not employed or owns a business in Miami Lakes. Mayor Dieguez asks when the move to Miami Lakes will take place and the answer is within a week. Other nominees are explained by the Town Clerk 01:40:50 who cant provide the oath of office until the committee rules are met.
01-27-2025 Meeting Review continues
09:56 Chair Rudy Blanco asks the proposed two new members who appointed them and one says Councilman Steven Herzberg, the other responds he was appointed by Councilman J. C. Fernandez
10:16 Adoption of Minutes of 12-06-2024, motion, approval
11:21 Esther talks about the minutes of 01-08-25, headed as a Special Call meeting but it was the regular monthly meeting and clarifies that on 01-27-2025, the BAB is attending a Special Call meeting. January 8th Agenda link:
6) ?Old Business:
Minutes of 01-08-2025 'Not Special Call Meeting' as it reads on the heading but the Regularly Scheduled BAB meeting, click below to read:
6) Key Points & Issues Discussed with 1 Motion(s):
12:28 Franchesca Ortega wants clarification as to the date of regular monthly meetings, to be discussed under new business
12:41 Esther Colon makes a clarification on the 01-08-2025 minutes which were prepared by the secretary but not printed on time 13:39 Franchesca Ortega motions to accept the minutes, seconded... was there a call to all in favor?
14:06 Esther Colon turns meeting over to the Chair to guide the group through Item #6: Old Business
01-27-2025 Meeting Video Link: https://www.youtube.com/watch?v=_mJzgx4z_ms
14:16 Letter for Municipalities to get involved. Only one response from Miramar, the lack of response is surprising. Steven Herzberg will work on this item. Franchesca Ortega speaks about the letter that was sent and it is distributed to the group, the same one that was printed for Tallahassee.
***
Suggestion: In todays world, with the over abundance of messages, emails, texts, social media many do not read and disregard many items received. When something is this important, have a list of names and contact number of the letters issued by Steven Herzberg and CALL to ask if received and request a response. Take down the name of the person who answers the phone, date and time of the call.
Blasting Advisory Board Page, under Resources, item #3 which is called Blasting Advisory Board Presentation, below please find page 2 and below the document link:
15:58 Franchesca Ortega explains the idea was to print the document double sided, broken down by stages, how things are affected per stage, collateral online, the document is printed so everyone can see it / review.
16:51 Miguel Martinez explains this was not a BAB document but one initiated by Franchesca Ortega personally, to allow for it to be shared and or taken to meetings.
17:17 Esther Colon interjects that if the document is a Franchesca Ortega document then it should not read The Town of Miami Lakes. Franchesca says it is an insertion of what was given to the City of Miramar, Councilman Herzberg and Chair Rudy Blanco. 17:46 Chair Rodolfo Blanco motions to incorporate the document into the Blasting Advisory Board presented at the 12-21-2024 Board meeting.
18:00 Miguel Martinez asks if the document has been reviewed and Esther Colon replies she did, so Miguel asks what did you think?
18:12 Esther replies she looks at everything. Motion by Rudy Blanco, seconded by Miguel Martinez... All in favor, Franchesca then says it will be added to the Blasting Advisory Board website, is the group in agreement? Yes, Miguel Martinez motions for the document to be added to the website and Esther Colon says, why would we have to motion to add it to the website? Turning to the Liaison, Esther Colon 18:50 asks, do we have to motion for everything we choose to add to the website?
18:55 Aisle Pastora says she does not require a motion but if the group wants to make a motion... Esther says if you give Aisle Pastora direction, she will do it!
19:12 Review of Miami-Dade Delegation Public Hearing (12/12/24)
Blasting Update from Steven Herzberg
December 17, 2024
Hi Hope,
I trust you’re having a good start of the week.
First, regarding the BAB, we should see Miguel back on the board soon! I’m excited he’ll have the opportunity to rejoin—no one in this state has done more or knows more about this issue than him. I’m still looking at the possibility of adding a member or two, so if anyone is interested and ready to put in the work, I encourage them to reach out to both the Town Clerk and me.
On blasting, our first efforts kick off this Wednesday!
The Miami-Dade Delegation is holding its annual meeting at FIU, and I’ll be using my two minutes to highlight the blasting issue and urge the delegation to support Rep. Fabrico and Sen. Avila in advancing any legislation they’re proposing on rock mine blasting. I’ve attached the agenda for the meeting, which can also be live-streamed at
Left to right, Councilman Steven Herzberg, former Chair and soon to return to the Blasting Advisory Board Miguel Martinez, and photographer and our correspondent Attorney at Law, present Blasting Advisory Board Chair Rodolfo Blanco... Thanks for the photos! Screenshots:
02:05:38 Steven Herzberg recognized by the Chair on Blasting related activity: https://pub-miamilakes.escribemeetings.com/Players/ISIStandAlonePlayer.aspx?Id=ff09ec3e-111e-4940-893e-1bb378ecae85
02:05:38 Blasting issue by Steven Herzberg, Councilman: What is coming up? Bills will be introduced by Representatives Fabricio / Avila as they always have. A new CFO is coming, the most important person as he has the ability to change regulations. Dade County Delegation is meeting on 12-18-2024 at Florida International University - FIU [See below]. Towns, Public Interest Groups all present their issues to the delegation and Steven Herzberg wants to submit an issue with regard to Blasting to seek the support of the delegation. The Chair of the Blasting Advisory Board Rodolfo Blanco has been doing a lot of work in the area to achieve the support of the Greater Miami Chamber of Commerce, about to get Blasting to become one of their legislative items on the Chambers agenda. Planning to travel to Tallahassee on January 15th through the 17th.
02:07:25 Mayor Joshua Dieguez delegates to Steven Herzberg the inter-governmental duty of dealing with Blasting providing updates to the community.
Lastly, I wanted to note that I’m able to take this on because Mayor Dieguez has kindly delegated inter-governmental affairs related to blasting to me. This is a huge help and allows us to continue the advocacy I began with the BAB, push for these bills to get to a vote, and advocate for other measures that we hope will bring relief to our residents.
Best,
Steven.
Watch by clicking below: Starts @ 27:52 on the dial
Miami Dade County Legislative Delegation (from Miami)
Tags: Alexis Calatayud, Ana Maria Rodriguez, Dotie Joseph, Felicia Robinson, FIU - Florida International University, Juan Carlos Porras, Kevin Chambliss, Mike Redondo, Omar Blanco, Shevrin Jones, Wallace Aristide
@ 01:15:46 For Miami Lakes, Councilman Steven Herzberg
Two Miami Lakers, as Councilman Steven Herzberg spoke, I noticed Marie Korenstein in the audience. She is part of the Zonta Club and perhaps there for that purpose. Will watch and see... As for who was there? Here are the photos sent to me from the Miami Dade County Legislative Delegation that took place at FIU - Florida International University, institution that seems to be our collective Alma Mater
What did Steven Herzberg say?
Thank you and good morning. I am here to discuss lime rock blasting which is an issue particular to Miami Lakes and North West Miami-Dade County. It is a County wide issue as well, I am here to make sure the entire delegation supports Representative Fabricio who will be submitting, in the past both Representatives Fabricio and Avila have submitted responsible legislation regarding this issue. It is a very simple ask. All we want is for our homes to STOP shaking! Our Schools, our infrastructure, our sidewalks, that is all we are asking for. Three to Five times a week, our residents feel earthquakes in north-west Dade County. This is a uniquely Miami Dade County issue. It is not Orange County issue, a Miami Dade County issue, that is why we need the entire delegation to support this issue. It will continue to be a Miami Dade County issue until we get some relief.
And as it will expand, it will become a Miami Dade County issue as development moves further closer to these mines like the mines that we have in west dade that are 500 / 1,000 yards away from residential communities. And, the mining industry cant hide completely. At a workshop last February they even stated that they cause cosmetic damage. Of course we know that the damage is worse than that. I want to be very clear in this point, you will NOT hear myself or anyone from our Council suggest that the mines should shut down. What the mines provide are vital for our State economy, it is an important product. But our homes are vital, our schools are vital, our sidewalks are vital, our infrastructure is vital. One is not greater than the other. So, what we need is reasonable, reformative legislation that would allow us to coexist. That is all we have ever asked for. I hope to have your support. Please reach out to me for any questions on these issues. Thank you... [a round of applause is heard! Bravo Steven!]
20:14 Miguel Martinez explains how well it went after Steven Herzberg spoke, well received
21:00 Review of Chairman Blanco’s (1/14-1/16/25) Tallahassee Trip. Miguel Martinez asks many questions with regards to feedback, other areas such as Fort Myers Miami Gardens are also very receptive, this is a non-partisan issue. The seeds have been well planted in 2025!
27:13 Review of TOML Council Meeting – Committee Report – 1/21/25. Went well, the attorney report was not discussed. Town Attorney Raul Gastesi commends the group
BAB Agenda Item #D Review of Town of Miami Lakes Council Meeting Committee Report 01-21-2025
Video: https://www.youtube.com/watch?v=6YTbRH5OZdU Blasting Advisory Board Members go before the council to provide a report: 01:50:08, Item 8A
01:50:02 a. Blasting Advisory Board Report
01:53:10 Miguel Martinez, peculiar situation, we need to show the community that we are advancing in our efforts. Continued outreach to other municipalities. Miami-Dade County is looking to establish ordinances in support of our efforts. Strategic community engagement to include other affected areas.
01:55:03 Town Attorney Raul Gastesi commends Blasting Advisory Board members for the knowledge they possess, shared with him for the issues to be discussed later, they go above and beyond, thanks the Board members
01:56:01 Two requests:
#1. Revert to the old attendance ruling as the group has difficulty achieving quorum,
#2. $7,500 travel budget, let a small portion be applied to a work-shop to call out communities together to discuss a joint effort.
01:57:25 Mayor Dieguez explains the first item will be discussed during an item by Councilman Herzberg, as for the budget... is this urgent? What is the timeliness of the requirement?
Welcome back Miguel, we missed you! Steven Herzberg at 01:58:29
01-27-2025 BAB meeting video: https://www.youtube.com/watch?v=_mJzgx4z_ms
28:37 Follow Up Action Items of 2024 Advisory Opinion 2025 Legislative Update – Fabricio amp; Avila Bills – Status (Dade Days April 7th-9th, Lobbying Efforts – Eddie Gonzalez amp; William McRea Municipal Workshop Agenda amp; Program Draft (Proposal, costs) (Miramar amp; Doral (City Manager) dealing with Incinerator issue as priorities)
31:46 Miguel Martinez re: Municipalities and his attendance to meetings with Franchesca Ortega, will help others in every way he can. 34:05 Rodolfo Blanco discusses a visit to the Fire Marshals Office, Chief Financial Office in Florida
Contact Us:Phone (850) 413-3171Fire.
[email protected] of Fire PreventionDivision of State Fire Marshal200 E. Gaines StreetTallahassee, Florida 32399-0342
The Construction Mining Section works to ensure that material mining in Florida is conducted in accordance with Section 552.30, Florida Statutes and Rule 69A-2.024 FAC. Construction Material Mines are permitted by the Division of State Fire Marshal.
On this webpage you can learn more information about the laws governing Construction Mining and how to comply with them.
Using these tools, we can work together to ensure that companies are complying with all Florida laws.
Statutes and Rules: Construction Mining 552 F.S / 69A-2 F.A.C.
Construction Mining:
The Division of the State Fire Marshal created this website to promote transparency and accountability with respect to enforcement actions against construction materials mining activity that does not comply with Florida law.nbsp;This website allows you to submit complaints regarding alleged non-compliant construction materials mining activity and view the status of complaints submitted to the Division of State Fire Marshal regarding construction materials mining activity.
The Division of State Fire Marshal (Division) has contracted with a seismologist to place monitors across Miami-Dade County.nbsp; The monitors are in place to monitor and report on vibrations that result from blast events associated with construction mining in Miami Dade County.nbsp; However, enforcement actions can only be based on readings from monitors positioned in accordance with the Florida Administrative code.nbsp;Specifically, Florida Administrative Code Rule 69A-2.024(4)(b)(1) states “Ground vibration shall be measured for every blast at the location of the nearest building that is not owned, leased, or contracted by the blasting or mining operation, or on property for which the owner has not provided a written waiver to the blasting operations, up to a maximum of one mile.”nbsp;nbsp;Please note, environmental variables such as geology, hydrology, tree roots, roads, etc. may affect the frequency and wavelength of a blast.nbsp; Due to these variables, it is not uncommon to get different readings at seismographs that are relatively close together.The Division continually monitors the readings provided by both independent and contracted seismologists, and actively attempts to minimize discrepancies by evaluating both the quantities and locations of contracted seismographs.
Samples of Public Complaints
Construction Mining Information and Forms
Construction materials mines are permitted by the Division of State Fire Marshal. A complete description of the scope of work for this permit can be found in Section 552.30, Florida Statutes.
Applicants for permitting as a Construction materials mine shall complete and submit an application form, providing two copies of all required supporting documentation Section 552.30, Florida Statutes and Rule 69A-2.024, Florida Administrative Code).
Construction Materials Mine Application: Form DFS-K3-1498
Pursuant to Section 552.38, Florida Statutes and Rule 69A-2.024(14), Florida Administrative Code, applicants are required to submit either a Letter of Credit or Bond in the amount of at least $100,000.00.
36:08 Esther Colon says that Councilman Steven Herzberg is going to follow up with Mayor Cava and Mayor Dieguez with other contacts.
36:24 The County is inquiring re: blasting activity,
38:50 Coral Gables Town Hall is falling apart, guess what? The structural engineers realize that the new condos, the power driving in the ground. That building had been there for over 100 years, now the County is beginning to analyze not only blasting but vibrations on the ground. The building is cracked everywhere, falling apart, sinking, all the condos, hotels in the area and the blasting, construction engineers from Coral Gables.
40:19 Eladio Armesto tells the Chair that he mentioned the Florida State Fire Marshals Office, can you explain what is the rationale of why consult with the State Fire Marshal? Complaints...
40:30 Chair Rodolfo Blanco says, they are the ones that have responsibility over blasting issues. He tried to get feedback as to what is going on
40:55 Eladio Armesto says, correct me if I am wrong but I believe we were already past the issue of blasting and the Fire Marshal in terms of getting compensation for the homeowners of Miami Lakes for the damage they have suffered from the blasting... where is the connection?
41:24 Rodolfo Blanco, Chair: Followed up with them for I had not heard from them for a long time. The 23 seismographs that were installed
41:38 Esther Colon says we also have a new Fire Marshal and we have to contact them, that is what he is trying to do
41:43 Rodolfo Blanco, Chair / Esther Colon talk at the same time so it is difficult to follow but both are saying they need to communicate with the new Fire Marshal
41:48 Eladio Armesto: People that are watching us and the people that may watch us in the future, I thought we were already past the issue that the reason this damage is occurring and the reason people in Miami Lakes have been unable to get compensation for that damage is because there is a State Statute that is impeding / stopping homeowners for being able to properly sue in court to the people that inflicted the damage to their properties and getting compensation...
42:29 Vice Chair Franchesca Ortega says we do not lobby to get people compensation though, lets make that clear.
42:39 Eladio Armesto: It is clear!
42:44 Vice Chair Franchesca Ortega says: Our purpose in Tallahassee is to advocate for a message and have buy-in on awareness. So, Chair Rudy Blanco going out there and making contact with these people the ultimate goal is not to check off a compensation box, it is to build awareness and a following so to be given an opportunity in the future that our presence exists there. I dont necessarily understand your question because that is not our purpose
43:20 Miguel Martinez: The problem is multi-faceted and you are focusing on one of the facets. It is one of the facets.
43:30 Eladio Armesto: That is the only facet that concerns us
43:31 No, that is not true... Miguel Martinez
43:33 Eladio Armesto: I dont care what the blasting companies do, what I care about is that if they damage my property, I want the people out there understand -points to the monitor as if he is speaking directly to viewers- if the blasting is damaged their properties, they want to know if they are going to be compensated for that damage! If they dont care why it happened, if they dont care because it happened
43:58 Miguel Martinez, that is not the only issue... Eladio interrupts and Miguel says, excuse me...
44:00 Miguel Martinez, The issue remains in that if the compensation takes place and we are made whole, all of us, our properties are corrected... THE ISSUE HAS TO STOP! Because if the issue continues and we are made whole, the property is damaged again! So, it is a multi-faceted, multi pronged approach. So, only focusing on one item is insufficient! So, that is the point!
44:24 Miguel Martinez: We are NOT advocating to be made whole, we are NOT advocating to get paid, we are advocating to find a plausible solution for a major problem.
44:40 Eladio Armesto: I have a question for you... Do you think that the Blasting that has inflicted damages on the properties of Miami Lakes homeowners would be inflicting that damage if they had to pay for it? [In other words, a good way to stop it from ever happening again is to make them pay for the consequences of the damage they create!]
44:58 Miguel Martinez, I dont follow your logic there
45:00 Eladio Armesto repeats: Do you think they would be inflicting the damage they are inflicting now if there was a way that the homeowners would be compensated for the damage and the blasting companies would have to pay for the damage? Do you think they would continue damaging?
45:19 Miguel Martinez, I would expect not! Franchesca says, you dont know that either! Miguel then says I would say it is less probable...
45:30 Eladio Armesto: Yes, so that is what concerns the homeowners of Miami Lakes! That at present and for the last up-teen years... they havent been able to get compensation for the damage that they suffered. Once people in this city, this Town, get compensation for the damages that they are suffering, I assure you, the damages will stop!
46:02 Miguel Martinez, I would expect so!
46:05 Eladio Armesto: At that point it will not be profitable to damage peoples properties. Right now it is profitable because you can get away with it! And... why can they get away with it? Because of Statute?
46:18 Chair Rudy Blanco says, because of statute, because the statute protects them.
46:20 Eladio Armesto: The Statute protects them!
46:21 Miguel Martinez, the Statute is based on unrealistic items
46:24 Eladio Armesto: The Statute is based NOT on unrealistic or realistic items, it is based on unconstitutional
46:32 Miguel Martinez, the basis of the legislation is unconstitutional but the base of what they are based on is unrealistic! Two different things! It is still the same issue, we are in agreement but understand that the basis of what the legislation has been created from is incorrect!
A moment of personal privilege as a writer... let me try to explain what each person is trying to say... Eladio Armesto and Miguel Martinez...
Eladio is an attorney, a property owner, a businessman, a father with a large family and he knows that to sell aggregate to build a home to then damage the sold property to obtain aggregate to build and sell other homes is abhorrent. Further understanding that people will then file a lawsuit against the blasting industry and that to PREVENT property owners from filing lawsuits against the mining industry which is vital to the construction industry, Tallahassee legislators enacted Florida Statutes that protect the mining industry, so we question the Constitutionality of removing individual rights through statutes...
Miguel on the other hand agrees that the legislation is unconstitutional but adds that the basis of what the statute is based on is unrealistic... Why?
Florida has different strata throughout the State. Miami Dade County is unique as we build our homes over an aquifer...
Google explains the differences in building as follows:
The differences between building on an aquifer, vs. rock, vs. sand, and / or solid ground would highlight that building on an aquifer presents the most significant challenges due to the potential for groundwater to rise and destabilize foundations, while building on solid rock offers the greatest stability, with sand and loose soil falling somewhere in between depending on their composition and depth; key points would include water level fluctuations, potential for settlement, and the need for specialized foundation designs based on the underlying geology.
But the points are not applicable to the Blasting issues because in our case the aquifer water is acting as a conduit to the vibration intensity of blasting waves.
Our structures are designed to withstand hurricanes but not built to withstand seismic activity or vibration.
To NOT include on the Statute the intensity / frequency of blasting makes for a rather dangerous process that results in the cracks / damage / movement / collapse / or vertical movement whether sinking or elevating of structures...
Video of how wells amp; aquifers actually work, watch the following video:
46:53 Eladio Armesto: Incorrect... assumes that it is a mistake. It is NOT a mistake -Miguel: Oh no, it is intentional!- Eladio: It is intentional but it is not incorrect. These people have created a statute that protects them from being sued. In essence giving them immunity from having to pay for the damages that they cause. We take away that statute and we will have nothing to worry about in this Board. Because, the Board is not here to regulate the Mining Industry, to propose regulation to the mining industry. The Board is here to protect the homeowners of Miami Lakes. To ensure that if the Miami Lakes homeowners suffer damages they will be compensated for those damages. There is going to be a mechanism, a way that they can take this to court and find the people that caused the damages responsible and make them pay for it. Once we do that, once we settle that issue, there is nothing else to talk about because they are not going to continue damagingnbsp;propertynbsp;if they have to pay for the damages that they cause. I would think that the objective of this Board as it relates to our duty, our responsibility, our obligation to the homeowners of the Town, the taxpayers of Miami Lakes is to make sure that when Blasting defendants inflict damage they will have to pay our people, our residents, our homeowners for the damage they cause.
48:53 Eladio Armesto: At present they can get away with it!
48:56 Franchesca Ortega: I think it is very important for us to look back at our mission. [Bravo Franchesca!] Because you are in a way... your opinion is overextending in what the mission of this Board is. As passionate as...
49:10 Eladio Armesto: It is not a question of mission. It is a question of what the people out there expect of us.
49:18 Franchesca Ortega: We are here to serve a specific mission and that mission was allocated or assigned based on the needs of the Town and that is what makes us sit here today. Our mission makes no mention of ensuring compensation for anyone. I am not saying that we do not advocate for that, of course, the people whose homes are affected but in order for us to come up with a robust plan to *** of the facets that are being, are happening in the background, I dont think that the right approach for us is to take us to criticize as much as it is to lend a helping hand as to how to execute it more effectively. Each of us has an area of expertise that allows us to be efficient in the area that we are efficient, right?
50:08 Franchesca Ortega: I am not an attorney and I am definitely not a seismic expert like over here Miguel, so now that you have -Eladio Armesto- expressed that opinion, how can you aid us so that we can properly address the community in those areas? In the need that you -Eladio Armesto- are saying because it has been mentioned in the past in previous meetings that your approach -Eladio Armesto- is a little different from the traditional approach of reaching out to the CFOs Office like it has been done in the past, and what has been discussed in the past, but what would you like to do -Eladio Armesto- so we can take that approach?
-CFO - Chief Financial Officer of the State of Florida has the purview of the Fire Marshals Office and therefore Blasting Activity because it dynamites to obtain aggregate falls under his department.
50:44 Franchesca Ortega, there was a letter that was discussed at one point but I cant remember the exact topic but I remember it being in a set of minutes where we discussed that you -Eladio Armesto- we were going to propose this letter to certain officials that were going to be targeted as part of this multifaceted communication plan and we have yet to see that, it has not. So I dont think it is so much that anyone disagrees with you -Eladio Armesto- certainly is something for us to discuss and consider. We cant make any guarantees for compensation but lets explore that, like: How can we execute that? Can we send a letter? Can we have a workshop to meet with residents, property owners and see how we can figure that out but if we are going to stand behind a cause like that then the person who is proposing this needs to also take charge of how that communication is going to happen. Right? So how do you advice that you can be a resource in executing that?
51:48 Eladio Armesto: Did you see the report that was issued by this Board written by Attorney Steven Herzberg, now councilman? You saw it? -Franchesca: Absolutely!- Did you read it? -Franchesca: Of course- Eladio: And what did that report say about what I just said?
The Board has NEVER made a clear and direct request for Council to act or investigate a specific action within its own powers as a municipal body.
The Board recognizes the need for a comprehensive approach to address the concerns of Miami Lakes residents.
The Board determined it would be beneficial to provide the Council with SPECIFIC actions it can take to asset in the Boards efforts, and those specific actions that the Council can take on its own to help obtain RELIEF for the residents of Miami Lakes.
The mine blasting and the effects on our residents is the most critical issue facing our town since incorporating in 2000.
Since incorporation in 2000, the legislative reform supported by this Board has NEVER been presented to Tallahassee legislators for a VOTE during a session
Actions suggested include #4: Potential Legal Action
领英推荐
02-06-2024 Steven Herzberg, Miami Lakes Blasting Advisory Board Secretary
02-06-2024 Miguel Martinez, Miami Lakes Blasting Advisory Board Chair
2024 was the first time when the Board spoke to Legislators during a workshop!
LEGAL ACTION: To provide immediate relief and long-term relief to residents, Various legal disputes are possible. The Board has discussed that any INDIVIDUAL affected by Mine Blasting should have the same rights to pursue these actions a the Town of Miami Lakes does. Legal claims that residents could seek redress from a Miami-Dade Circuit Court, such as emotional distress.
NEXT Page: The Town nor the Board are in the position to pursue legal action on behalf of individuals. The Town is in the position of steering potential claimants to either the Board or others in the legal field to evaluate potential causes of action which may provide relief to those individuals and town residents.
CONCLUSION PAGE
52:02 Franchesca Ortega: It guarantees compensation?
52:03 Eladio Armesto: What did it say? Franchesca: It guarantees compensation? Eladio: What did it say about what the problem is? What did it say about what the solution is? What did it say?
52:10 Franchesca Ortega: One of the goals is to get blasting within a certain range, so it doesnt affect homes to the level of severity that is affecting homes now.
52:20 Eladio Armesto: Is that what it said?
52:24 Chair Rodolfo Blanco: Mr. Armesto, I dont agree on the line of questioning to Franchesca, I would much rather prefer that you direct those questions to me.
52:37 Eladio Armesto: you did talk to me, she did, so why would I talk with you
52:40 Chair Rodolfo Blanco: The line of questioning is going down with the wrong approach. Very simply, I think you should have been here during the last six -6- months and if you would have been here during the last six months you probably would have found out much more about what you are talking about right now. Unfortunately you were not here during the last 4 or 5 or 6 or 7 meetings. That is an unfortunate situation and that occurred. The Blasting report that Mr. Steven Herzberg proposed with a three pronged approach to a variety of things: The Legislative that M. Franchesca is asking about, your point -Eladio Armesto, that the Statute is wrong is also very, very valid and active as we speak as a matter of fact. -Esther Colon: Being addressed- Rudy Blanco continues: And being addressed. But, if you would have been here, you would have realized that
53:26 Eladio Armesto: How many times do we meet?
53:29 Chair Rodolfo Blanco: The Board meets once every month.
53:31 Eladio Armesto: And, when does it meet?
53:32 Chair Rodolfo Blanco Usually Mondays, at 7 PM, Esther Colon: the last few times we have met twice a month.
53:39 Eladio Armesto: Have you called me to find out why I have not been here?
53:41 Chair Rodolfo Blanco: No, Sir! I dont have to call you! I dont call any of these people. Everybody knows they have a commitment to being here, at this certain time. If you cant be here I would prefer if you call the liaison -Aisle Pastora- and let her know why you are unable to be here.
53:58 Eladio Armesto: Do you want to know why I wasnt here on January the 8th, 2025? Eladio Armesto: Did you call me for it? Did you call the liaison? I had no idea!
54:05 Eladio Armesto: I have no reason to call you [Chair Rodolfo Blanco Ok]
54:17 Esther Colon: Point of Order. Mr. Chair I think we are getting intense. Chair Rodolfo Blanco We are. Esther Colon: This is a public meeting... Eladio Armesto: We have the right to disagree, Chair Rodolfo Blanco: Absolutely, of course. Esther Colon: We have the right to disagree however can we change and calm down a little bit? Chair Rodolfo Blanco Sure
54:35 I was taking it a little bit personal with Franchesca also and I know him... Chair Rodolfo Blanco and I know him also.
54:47 Eladio Armesto: Dont you think that before you judge whether a person is here or not Chair Rodolfo Blanco: I am not judging anybody. Eladio Armesto: Your comments, that I should have been here all these months. Chair Rodolfo Blanco: Well, I think so, dont you think so?
54:58 Eladio Armesto: And I have. The only month that I wasnt here was December. I was here in November. I was here in November and we talked about you going to Washington because of your cousin, you have a good relationship with Marco Rubio. After the meeting was over, we talked about it. I was here. Chair Rodolfo Blanco: Was that...
55:25 Esther Colon: We have a roster... Eladio Armesto: January the 8th... was that a regularly scheduled meeting of the Board? Chair Rodolfo Blanco That was a Special Call meeting.
55:36 Eladio Armesto: Were you aware that this member was notified 24 hours before? And that this member on the day the meeting was held I sent an email to the Boards liaison Aisle Pastora explaining, asking how come I was notified just 24 hours before the meeting? Chair Rodolfo Blanco: I did not know that.
56:06 Esther Colon: Eladio, you communicated with Aisle Pastora?
56:04 Eladio Armesto: So, you know, and by the way, I never received a response! There was no answer to my email
56:15 Aisle Pastora: I dont have... for the record, I do receive all the communication emails which I disseminate to
56:22 Eladio Armesto: I did receive on January 7th, 2025 at around 3 PM in the afternoon an email came in to my email address. I didnt see it until the next day. Then I responded and I said by giving me 24 hour notice you would force me to miss the meeting. I cant change my schedule on such short notice.
For the Record:
On Tuesday, January 7, 2025 at 03:31:04 PM EST, Aisle Pastora lt;[email protected]; wrote:
Good afternoon,
Please find agenda attached for your meeting taking place tomorrow Wednesday, January 8th at 3:00PM.
Aisle Pastora, Committees amp; Special Events Coordinator, Town of Miami Lakes
Eladio Armestos reply, Wednesday, 01-08-2025:
HI. How is it that you have notified me of the meeting agenda of the Blasting Advisory Board just one day prior to the meeting? Dont you think this is very little advance meeting agenda notice?nbsp;Unfortunately, you did not provide me with sufficient time to rearrange my schedule and was consequently forced to miss this meeting of the Blasting Advisory Board. Please excuse my absence. Thank you.nbsp;Respectfully,nbsp;Eladio Jose Armesto
56:59 Esther Colon, For clarification to all the Board members and to Miguel who just came back, we had a meeting on 08-19-2024 which was a regular scheduled meeting, we had a meeting on 09-16-2024 which had to be cancelled because we had no quorum, we had a meeting on 10-28-2024 which was a regular meeting, we had a meeting on 11-18-2024 which was our regular meeting, we had a Special Call Meeting on 11-22-2024 which we had to cancel because we had no quorum, then we had a meeting 12-06-2024, then 01-08-2025, and today, 01-27-2025 which is a Special Call
11-18-2024: Combined video starts with Public Safety Committee then @ 01:16 Blasting Advisory Board: https://vimeo.com/showcase/8616720/video/1029472762
12-06-2024: https://vimeo.com/showcase/8616720
57:48 Esther says on 08-19-2024 Eladio we have you listed as absent...
57:49 Eladio Armesto We had no meeting in September, Esther says due to the lack of quorum. That is the problem, Esther continues, when she -Aisle Pastora- communicates that there is no quorum. Instead of coming here and having two meetings we are cancelling them. Because we dont have quorum
58:08 Eladio Armesto December 6th meeting is NOT a regularly scheduled meeting. Esther explains that in December there was a change in the Councils agenda because the report was going to be issued on the 21st -Eladio but it was not a regularly scheduled meeting.
58:30 Aisle Pastora, Towns liaison says for the record you guys are responsible for your meeting dates my email just serves as a reminder, so... you guys do a pretty good job in your agendas and in your minutes because you list the next scheduled meeting so I -Eladio says but it was not a regularly scheduled meeting, Aisle Pastora says but it was discussed at the end of your meeting and it is also on our website, my email serves as a reminder
59:04 Eladio Armesto: So, it is not six months or three months, it is one month, December and because I was not here in December, I was not aware... Esther Colon says the last meeting you attended per the attendance record was at that time Steven Herzberg who kept the records and I took over after Steve. So that was the last time you attended a meeting. The agenda is on the website
59:52 Eladio Armesto: The Town has no obligation to notify the Board members of meetings and has no obligation to supply us with the Agenda for that meeting? Aisle Pastora replies that my obligation as a liaison is to send you the Agenda which I send... [difficult to figure out what Aisle Pastora says because of how fast she speaks.] They choose to be part of the Board and for that the responsibility falls on you as individuals.
01:00:24 Eladio Armesto: I think we need to address the issue of prior notice
01:00:24 Esther Colon interrupts to say, so we received todays Agenda today? This is the day of the meeting...
01:00:29 Eladio Armesto: We are volunteers here, we do not pick up a check on the way out, and we have a life on top of that. There has to be accounting on the issue of prior notification. [Someone says absolutely and another it is a two way street! Absolutely!]
01:00:47 Miguel Martinez: Its a two way street. We have all done the same thing. You -meaning Eladio Armesto- are the only one that has not shown up. Everybody has been here.
01:00:58 Eladio Armesto: Everyone has shown up, so how come you didnt have a quorum?
01:01:06 All speak at once and it is difficult to figure out who is saying what, but Miguel Martinez says the reason for the lack of quorum is because Eladio Armesto was not present and Eladio Armesto says: Sorry!
Lets see, the Board has five members: Rodolfo Blanco, Miguel Martinez, Franchesca Ortega, Esther Colon and Eladio Armesto. Quorum is the majority or three out of the five which means that just because Eladio did not show up is not the only reason for cancelling a meeting...
Even if Miguel could not yet be counted, still three out of the four makes quorum, which means that Eladio could have been absent and the meetings could still be held.
01:01:17 Eladio Armesto: If everyone showed up, you would have had a quorum.
PUBLIC RECORDS REQUEST 02-02-2024 Sunday @ 06:13 PM
Town of Miami Lakes Clerk Inguanzo,
Gina:
Please provide the job specification for the committee liaison.
During the 01-27-2024 Blasting Advisory Board meeting:
57:58 on the dial through 01:01:44 on the dial there seems to be rather intense conversation centering around meeting schedules, notification of meeting, awareness of meeting dates, whether members become aware of meetings with plenty of time to reschedule their lives around committee meetings and it would be rather helpful to understand what the duty / obligation of the liaison is...
While my committee participation lasted a short period of time on the Cultural Affairs Committee because I object to be constrained on what I can communicate about, the liaison -back then it was Clarisell De Cardenas- was responsible for making sure the committee knew of the meetings and at some point I even requested to be connected through the process that notified council through the calendar of upcoming meetings through outlook...
The technology is there to automate notification. The liaison schedules through the Town calendar, isn't there an easier way to make sure everyone is NOT obligated to visit the Town of Miami Lakes website to find out?
Please... what are 'job specifications' for a Town of Miami Lakes Committee Liaison?
Thank you
As always, an immediate acknowledging email received from The Town of Miami Lakes Clerk... Stay tuned! 07:54 PM:
01:01:44 Esther Colon: To make the point, I will send the Agenda, usually the day of the meeting. But you know that the next meeting - and we will discuss this - at the end of the meeting we discuss the date and the time. We already know what the date is, but just to let you know, she -Aisle Pastora- usually sends the Agenda the day of the meeting. You are here hearing what we are talking about and we will let you know what is on the next agenda but she -Aisle Pastora- is NOT responsible to send it to you, obviously, if you want any clarification you can always look at the Town website.
01:02:19 Eladio Armesto: For the record, the reason why I was not here on January the 8th, 2025 is because of the short notice that I received, one day before at 3:31 PM, to come to Town Hall at 3 PM on the 8th of January. That is too short notice.
01:02:40 Esther Colon: Can we discuss that on the new business section of the Agenda? We can then set the new business date, so we can continue now through the Agenda? To the Chair, is that ok? Chair Rodolfo Blanco: Of course, Esther: Thank you, Sir
Meeting Video:
01:02:47 Chair Rodolfo Blanco: While in Tallahassee I was talking to State of Florida Representative Tom Fabricio and they were having problems with a couple of bills, with the wording and everything else -Felicia Salazar says something but it is not easy to understand very faint voice- it hasnt been posted... Esther: My question to you is the Dade Days, are those the target dates to travel? The Council had mentioned that if they go up in March, there is no reason for the Blasting Advisory Board to travel to Tallahassee in March. So, we are waiting for the calendar of the Council. You cant go up until it is on the docket.
House Bill 129 (HB129) is a bill introduced in the US Congress on January 3, 2025. The bills purpose is to abolish the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
When Al Peteraf moved into his Havre de Grace home in 2008, he had somewhat of an idea what he was signing up for. But as Vulcan Materials Company has expanded its quarry, so has the impact on homeowners who live nearby.
"Your house shakes," Peteraf said. "I mean, you feel that a couple times a week, and you wonder, 'what's that doing to my gas line, my foundation, my geothermal loop?'
These things are problematic. And I haven't even gotten into the dust." "It can wake the dead and scare the heck out of the living. I had an occasion where I fell out of bed during a blast," John Blomquist told WMAR-2 News.
Vulcan is one of the largest producers of construction materials in the country. The company says the industry is a heavily regulated one, and it's in compliance with all of those regulations.
In Harford County specifically, the company is bound by stricter rules surrounding blasting activity. It has to happen at least 2,000 feet away from homes.
Blomquist has lived in this home for 60 years and says it's been that way for as long as he can remember.
But a county council member, James Reilly, has put forth a bill that would do away with that rule, in favor of Maryland Department of the Environment Regulations.
"If they pass this bill, it will hurt us drastically in the future," Blomquist said.
Blasting could move 500 to 1,000 feet closer.
"It's getting too close for comfort. There's no need to undo the rules that are in place," Peteraf said. "Nobody's answered any of these questions. Are we gonna have more silica dust? Is there danger of breaking a gas line? Is my geothermal loop that's 150 feet down in the ground in danger of cracking? Is my foundation gonna crack?"
By the time homeowners found out about the bill, county council had already held a public hearing.
They put a little notice on the website that none of us knew about, and now were all scrambling to stop this, Peteraf said. You guys don’t have the courtesy to call some of the neighbors that could be directly affected, and get their input on this? The council was scheduled to vote on the bill tonight, Tuesday, Jan. 21, but due to the concerns, Peteraf said council president Patrick Vincenti postponed it.
At the Jan. 14 hearing, two local Vulcan employees spoke in favor of the change.
Environmental manager Johnny Johnson told the council, “Blasting has been studied continuously since around 1957. With the advancement of blasting emulsion products, technology and computer-designed blasting, such activities are designed and monitored to have no potential to damage nearby homes and structures in and around quarries. After reviewing this proposal, we are confident that this legislation will not negatively impact our ability to operate our facility safely while continuing to comply with all regulations intended to protect the environment and neighborhoods around the facility.”
Community and government relations manager Justin Stein spoke to the company's "exemplary record of safety, health, and environmental compliance."
He also spoke about how this bill supports a business that the community relies on. "Any major construction or maintenance project you hear of in and around Harford County has probably used Havre de Grace stone. Without facilities like these, there would be a major supply chain problem to get quality grade stone to the projects being built in the area schools, hospitals, highways."
We reached out to Harford County Council. Our questions were directed to the bill's sponsor, Council Member James Reilly. We have not heard back from him.
Vulcan sent us the following statement:
We support Harford Countys proposed legislation to adopt the Maryland standards for drilling, blasting, and setbacks. While this proposed legislation will not change our existing Havre de Grace site operations, it does provide a set standard at the local and state level that is developed by industry experts.
At Vulcan, we take pride in going above and beyond local, state, and federal standards for our site operations and environmental compliance. We look forward to continuing to engage with the Havre de Grace community and provide necessary material that goes into building and maintaining our vital infrastructure.
Lets continue with the meeting 01-27-2025
01:03:59 Eladio Armesto: We need to resolve this issue about notice because, Esther Colon says Eladio that is why I said we will discuss it during New Business Items under notice because at the end of the day she works, we dont, she has to tell us what she is allowed to do. I noted it, we will discuss it then... Eladio: But, if we need to talk to the council to address and resolve this issue Esther, lets talk about it under New Business - Aisle Pastora: Under committee reports any concerns you have you can discuss them there.
01:04:35 Eladio Armesto: I just noticed that in December I did receive at 5 PM Both Esther and Chair Rodolfo Blanco say we will discuss this under New Business Items
01:04:46 Esther Colon: Next item on the Agenda is Lobbying efforts. They are ready, says Chair Rodolfo Blanco. We have been working on a workshop, Esther sent an email to Aisle, the last meeting Franchesca spoke about, the last two workshops did not cost us anything. Printing costs the council takes care of it. Miguel Martinez says there is a cost in preparing the room, Aisle Pastora one of the council members sponsored it. Miguel Martinez: No, no, no, we are saying two different things. When she -meaning Esther Colon- mentions it is when we had a meeting in the Chambers way prior and we had to reset the room and there was a cost -Aisle Pastora says because the work was done outside of business hours.
01:06:30 Aisle Pastora says I would have to check our costs if there were any but to be very specific it did not come out of a Blasting budget. Your line item came to half of that. Your line items after that were all related to Tallahassee. If there was a cost it was outside of the Blasting budget. Covered by the Administration side says Esther Colon, which is a good thing, so the only other thing is that if you want materials they print that for you, so what costs are you anticipating when you ask for funds, which you do not have to go before the council because it is below the $700.
01:07:14 Franchesca Ortega, we discussed re-allocating the portion of the $7,500 before Steven Herzberg left for a variety of purposes, workshop included in that group of things. We thought about doing marketing, we discussed lots of micro-options, and at the time it was shut down because the funds could only be used exclusively for traveling.
01:07:49 Esther Colon: But now we can do a line item, we were always allowed to do that -Franchesca said at some point we were told we couldnt -Esther says it was always allowed. But the point that we need to get to is are we having a workshop? We have been talking about this for eight -8- months. Is it going to be in February?
01:08:05 Chair Rodolfo Blanco: It will be February or March
01:08:05 Esther Colon: In April you have Dade Days! You know the bill will be on the docket by April 2025. So, are you going to have the workshop in February or March? You have to start thinking of logistics, once we get a date down because once the date is set you know you have to reach out to the Municipalities, we have to send out a blast, we have to invite the residents / property owners, Miguel, you and I know, you had a packed house. At least the residents come, Miramar comes, you want to invite Municipalities to your house, this is the Council that is supporting the three part initiative. So, why would you want to go to the Country Club? No, this is in-house. The Town is taking the lead on this
01:08:59 Miguel Martinez: Just because I have not been here, what are you encompassing in that workshop? What is it for?
01:09:12 Esther Colon: Involvement of other Municipalities. Doral in the panel, Miramar, Hialeah Gardens, Hialeah... so, what they wanted to do was out-reach with Municipalities involved in the panel. Before it was just us, remember?
01:09:40 Miguel Martinez: A panel
-Esther: just outreach to other communities! Every municipality that participates gets to tell their story. Miramar story is different from ours, I can tell you I live on the East side, and I have no blasting issues. Everyones story is different. If you want Municipal outreach then invite them to the table. They dont know what the report says, Miguel. Our side tells them what we have done. That is the purpose. Also the residents that are here, what is going on? We want resident involvement so we want them to communicate too. This is the time to do it but we need to pinpoint a date... then we can start the invites, first the Town has to look at the calendar to see if the date is available, but its got to be done before April. When are you going to do this, March 28th and then we go... hello. That would defeat the purpose. Can we all look at the calendars, please...
01:10:49 Franchesca Ortega says, Dade Days are on 04-07-2025? Monday through Wednesday
Link: https://dadedays.com
Link: https://dadedays.com
01:10:59 Esther Colon, remember we dont know whether it is March or April.
01:11:10 Franchesca Ortega: If Dade Days fall on April 8th and 9th, Spring Break for Miami-Dade County Public Schools in 2025 is expected to be March 24–28.This is based on the 2024–2025 school calendar for the area.nbsp;Then, early March or late February. Esther says if we pick a date in February, that date can be on the Towns website and the invites can start. Steve Herzberg has everyones emails. Councilman Steven Herzberg can do an invite for us all. He can be the first to send out the invitation because he has it on his desk top! If you can pin-point a date and Aisle Pastora says it is available, the last week of February is a good time.
01:12:12 Miguel Martinez: Would it not be more effective if it came from the Mayor?
Esther responds Mayor Dieguez assigned Councilman Steven Herzberg to do inter-governmental Blasting issues himself.
Miguel says: Agreed but if it is coming from the Mayor
Esther responds: The Mayor is going to be communicating with the Mayors, the Senators, the Representatives, and that Steve would be communicating with the Municipalities. They are all going to be communicating with every body!
Miguel: we hope... Esther says, not we hope, Miguel: no on the other side, we hope they are going to be responding
Esther: We have always gotten a good reception, Miguel and if people dont come, they dont come. You know the residents are going to come because you and I have attended at least five -5- of them! 02-28-2025 is a Friday
01:13:54: Aisle Pastora says February 27th, 2025 is available @ 6:30 PM for 1:30 hours: Community Municipal Workshop What printed material do we need? Franchesca says we will make something custom for that workshop. How much can you print? Esther will work with the Chair for the Agenda, Steven Herzberg will confirm attendance, if Doral confirms they will be on the Agenda, Miguel can communicate to Miramar. If we have at least other Municipalities, it will make a difference. Need to communicate with Mayor Cavas office. Do we have a BAB Banner? It costs $100, Esther says we dont have to go to the Council up to $700. Franchesca what do I need to prepare for that meeting? There is a sample of how to prepare. If we need to meet as a workshop committee, lets do that to coordinate what we need for the workshop. Both new members have satisfied the meeting requirement they need to visit the Clerk for Oath of Office.
01:21:05 Certificate of Appreciation Discussion: Name the individuals, the Chair will sign, the January meeting had a motion to include all, in December we voted and in January we change the criteria. Lets agree to the November notes.
01:26:00 #7 New Business:
Town Legal Opinion (after Elections) – Status?
Podcast with MLCC
TOML Tallahassee Trip / BAB Next Trip to Tally
01:28:06 Notice of Meeting by Eladio Armesto, request the Town Council to instruct the liaison as to when notices need to be sent out of all committee meetings. Aisle Pastora, who do you get direction from? Chair meeting is a good time to discuss that with the Town Manager.
BAB: Blasting Advisory Board;
CAC: Cultural Affairs Committee;
EAB: Education Advisory Board;
EAC: Elderly Affairs Committee;
EDC: Economic Development Committee;
MHTF: Mental Health Task Force;
NIC: Neighborhood Improvement Committee;
PSC: Public Safety Committee;
SHOF: Sports Hall Of Fame;
SNAB: Special Needs Advisory Board;
VC: Veterans Committee;
YATF: Youth Activities Task Force
01:31:04 Eladio Armesto: In the case of the 12-06-2024 meeting, Eladio Armesto has an email coming in with the notice on 12-05-2024 at 5 in the afternoon. Chair Rodolfo Blanco asks the liaison: By when do you notify us?
01:31:31 Aisle Pastora says, you have to remember that I have to fall in line with what is sent to me first. I cant send you the agenda until it has been sent to me. Franchesca Ortega has a question: When is the Agenda due to the liaison, Aisle Pastora? Three days before, but we have been very accommodating taking it up to 48 hours before because that is the official. Esther: That is a requirement that we have to meet. Franchesca: I want to have the timeline clear because you have been sending out the reminders as Agenda 24 hours prior to the meeting. I wanted to understand your deadline of the time when you are to receive the Agenda from us. Aisle Pastora says, the earlier I get the Agenda, the earlier I send it out. But that is me fulfilling the committee rules. Miguel: If we requested the Agenda and the meeting reminder be separated so that a week prior a blank email be sent Esther: Thank cant happen unless Aisle Pastora has the agenda. Aisle Pastora: I dont want to waste your time on this, I will ask that you reach out to the Town Manager Esther: I am going to tell you there is an issue coming from the clerks office, that if Aisle Pastora sends a reminder a week before and the Chair does NOT meet the Agenda deadline which is supposed to be three days before, so if the meeting is scheduled for a Monday, Aisle Pastora should have the Agenda the Wednesday before. If she does not have the Agenda on the Wednesday before how do you want her to send out a reminder of the meeting because without the Agenda the meeting should be cancelled and that has been the case! Miguel says these are two separate things... all talk at the same time hard to follow
PLEASE BE AWARE THAT THE REAL REASON IS ANY TOWN OF MIAMI LAKES MEETING MUST FOLLOW THE RULES OF SUNSHINE WHEREAS THE INFORMATION SUCH AS THE AGENDA AND ATTACHMENTS HAVE TO BE MADE AVAILABLE TO THE PUBLIC TO KNOW WHAT THE MEETING IS ALL ABOUT. THEREFORE, THE PACKET MUST BE MADE AVAILABLE WITHIN A CERTAIN TIME FRAME.
Google: Wording and Screen Shot, see below:
In Florida, public meetings must be given reasonable notice, including the date, time, location, and agenda. The notice should be posted in a prominent location, such as the agencys website or a newspaper.
01:35:17 Aisle Pastora gives a REAL SOLUTION, under the Town website there is a button that reads add it to your calendar and anyone can do that! [Bravo Aisle!]
01:35:39 Notices, will the Chair discuss this with the Town Manager? Eladio: We have a problem with a lack of standard, we need to establish a standard... The reason why that is not true is that both December and January were Special Call Meeting, the notice is only given to those who were in the prior meeting, the Town of Miami Lakes putting it on the town website is... we are all professionals... as a volunteer... way too much to capture all the issues...
Committee Rules, Regulations and Procedures:
Florida Statute Chapter 119:
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119.html
Florida Statute Chapter 286
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0286/0286.html
286.011?Public meetings and records; public inspection; criminal and civil penalties.—
(1)?All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.
(2)?The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state.
(3)(a)?Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500.
(b)?Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Special Meetings require a majority of the Committee to agree and notice provided at least 48 hours in advance, and a copy of the agenda for publication!
Let's continue with the meeting: https://www.youtube.com/watch?v=_mJzgx4z_ms
01:43:33 Elections have to be done... Esther nominates Rudy Blanco for Chair, seconded by Eladio, Franchesca asks if another can be nominated? Accepted by Rudy Blanco
Roll Call... not the right procedure, Franchesca nominates Miguel Martinez, no one seconds the motion so it dies
Rudy Blanco remains the Chair
01:46:10 Vice Chair: Franchesca nominates Miguel Martinez, Rudy Blanco seconds... Roll Call, all in favor
Miguel Martinez becomes the Vice-Chair
For Secretary Eladio Armesto nominates Esther Colon, Rudy Blanco seconds, all in favor
UPCOMING MEETINGS SCHEDULE
The subcommittee meeting will work on the details and coordination of the proposed and approved Blasting Advisory Board Municipal Communities Workshop
01:48:00 Esther enters into open discussion on when to hold the next meeting: 02-24-2025, meetings are now the 4th Monday of every month, Esther calls out the dates for February and March to make sure there is ample notification Time to be determined for regular Board meetings: 07:00 PM Meetings remain at 07:00 PM... On February 24th, Eladio will be out of Town and unable to attend.
Q amp; A... new members ask questions
After the review of this meeting, there should be a session held where basic questions of communication are defined for the group to DEFINE the statements each says:
What is the goal for the group?
What is the goal for the individual participant?
Why is each member willing to participate in the Blasting Advisory Board?
What are the messages / statements that each member must learn to speak with one purpose, one goal, one mission?
02-02-2025 @ 10 PM: Extra, extra... read all about it! The Florida Senate website already has a General Bill introduced by State of Florida Representative Tom Fabricio... click to read: https://www.flsenate.gov/Session/Bill/2025/303
Property Damage Caused by Limestone Mining Operations;?Provides that certain property owners who have sustained property damage as result of limestone mining operations have right to file claim for compensation; requires such claims to be brought within specified period of time; requires Division of Administrative Hearings to adjudicate such claims; provides annual appropriation; requires state to compensate property owners' whose claims are upheld for certain costs; provides for annual funding & compensation for such claims. Bravo Rep. Fabricio!
COMMENTS:
#1: Town of Miami Lakes Musician, Resident, Property Owner:
02-03-2025: FINALLY!!! So glad to see that State of Florida Representative Tom Fabricio is making this happen. The Bill is exactly what we needed... DEREK
#2: Town of Miami Lakes Resident, Property Owner:
Your coverage of the nbsp;blasting committee and that whole issue is phenomenal!
I have not had a chance to read it all carefully, but I skimmed it and will get to read the whole thing as soon as I can. Maybe Tom Fabricios Bill will do some good if a lot of homeowners flood the state with requests for compensation. That way, the politicians might be motivated to pass some laws that restrain the mining companies from using the large amounts of dynamite that do the damage. (?)
Some such laws are no doubt already in place but companies like White Rock seem to be getting away with using the damaging amounts / intensity / frequency. (?)nbsp;Bonnie
#3: Town of Miami Lakes Resident, Property Owner:
Querida Esperanza: I want to thank you for explaining so much - definitions, etc. Mind boggling.nbsp; Who knew! Enid
#4: The information provided seems to have hit the spot! 23 new subscribers joined our Blasting Issues Newsletter!
Hope Reynolds, Author
Destroyed Dreams & Sue?os Destruidos
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