Victor May

9117 Froude Ave,

Surfside, Fl 33154



To: Town of Surfside officials



September 11, 2018



Subject: Solid waste management services, including collection, disposal and recycling services





Appeal




Hereby, Victor May, resident of Surfside objects the solid waste service assessment proposal. In support, Victor May, after analyzing financial statements and reports for 2016, 2017 years is stating the following,

2017 financial year was tough for waste service because of Irma (1667 tons in November 2017 while actual waste amount is about 400-450 tons per month). Even though, the town is in 14% surplus – $227,497

Reserves are $657,237 and increasing every year. See Attachment

Conclusions made by Bell & Ass. are wrong, the rate is excessive, more than doubled,
a.  The proposal of monthly costs are for 2018 - $45.35, 2019 – $46.73, 2020 - $48.15, 2021 - $48.66, instead of current $20.57 per month for waste and $2.52 for recycling collection.
b.  There is no need to replace 2005 Mack collection truck. The town has replaced all trucks, bought a truck with a grapple and a basket truck.



Actual

The town has 12.25 employees engaged in Waste and recycling collection, 3 new dumpsters, a new grapple truck and a new basket truck.

June analysis for dumpsters
Truck 60635 was on duty 13 days
Truck 53708 – 21 days
Truck 60525 – 20 days
Truck 59334 – 13 days

Tonnage for dumpsters is at least 15 tons. They deliver waste to the landfill from 2.47 to 12.43 tons per trip, average is about 6 tons, less than half of full.

Distance to landfills is about 15 miles away. Length of Surfside roads 15 miles total. The mileage for a truck is 35 miles a workday.

“The trucks traveled 870 miles, had an average speed of 16 mph, and collected 165 tons of trash. The average fuel economy was 4.4 mpg, which is approximately twice previously reported values for residential trash collection trucks. On average, 50% of time is spent idling and about 58% of emissions occur in urban areas.” Journal of the Air & Waste Management Association study.



Expenses

Labor.
Operators, refuse collectors (10 employees) do not work paid 2,080 annual hours,

Vehicle maintenance.
All trucks are new on manufacturer warranty, no need of maintenance. Actual cost is $46,318.

Uniforms.
Actual cost is $14,981 more than a thousand per employee.

Gasoline.
35 miles x 67 days x 12 months = 28,140 miles/4.4 mpg= 6,395 gallons x $2.5 = $15,987. Actual gasoline costs $33,390.



Conclusion

No need for solid waste service increase.

There are possibilities to cut expenses to increase revenue. The town may have two dumsters to do the same job. The town must move out dumpsters from town, park them on mainland, collect seaweeds, dry, pack and distribute organic fertilizer, as well as to collect, sort recyclables.



Respectfully submitted,



Victor May
  
Full Appeal
  


                                                                                                      ​​
Projects
  
                                                                                                                                                                                                                   IN THE CIRCUIT COURT OF THE
                                                                                                                                                                                                                   ELEVENTH JUDICIAL CIRCUIT IN AND
                                                                                                                                                                                                                   FOR MIAMI-DADE COUNTY, FLORIDA
 
 
Victor May (Pro Se)
                                                                                                                                                                                         Case# 2018-13373-CA-01(24)
Plaintiff
 
 
Vs.
 
SANDRA NOVOA, CHRISTINA WHITE, DANIEL EDWARD DIETCH, DANIEL GIELCHINSKY, BARRY RICHARD COHEN, MICHAEL KARUKIN, TINA PAUL, GUILLERMO OLMEDILLO, WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. ALEKSANDR BOKSNER, AND CARLOS A. GIMENEZ 
 
DEFENDANTS
 
 
 
Memorandum
 
Plaintiff Victor May, pleads to proceed for jury trial on the merits of negligence of elections officials, candidates due to breaches of mandatory requirements of Florida Election Code, in intentional misconduct, fraud of elections officials, canvassing board members, ineligibility of the successful candidates for the nomination or office in dispute, misfeasance in Code compliance Program, perjury, Transparency Act violations, water billing, accounting fraud. The complaint is based on documentary evidence, references to the Constitution, Florida Statute, Town Charter, precedents.

The jury trial shall solve the problem of conflict of laws.

5 months ago, February 28, 2018, 20 days prior the election day similar case # 18-04205 CC 05 was filed with court clerk in Miami-Dade County Court because of damage less than $15000.  The clerk must complete the civil cover sheet for a party appearing Pro Se. RULE 1.100(d). Plaintiff demanded an immediate hearing but was told about due process. When Plaintiff discovered wrong venue he filed motions to move the case to Circuit court and amended the Complaint. After elections, the motion to remove candidates’ names from the ballot was useless.

Finally, April 25, 2018 Judge Beovides dismissed the case because of lack of matter jurisdiction and did not move the case to proper venue.

Pursuant to Florida Rule of Civil procedure, RULE 1.061(a)(4). CHOICE OF FORUM Plaintiffs can reinstate their suit in the alternate forum without undue inconvenience or prejudice. April 27, Plaintiff filed a new case in Miami-Dade Circuit Court pleading to recall elections due to numerous intentional violations by candidates, Miami-Dade Election Department and town officials.

100.3605 Conduct of municipal elections.—
(1) The Florida Election Code, chapters 97-106, shall govern the conduct of a municipality’s election in the absence of an applicable special act, charter, or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision in the Florida Election Code that expressly applies to municipalities.

The Complaint is against certain individuals for certain wrongdoings. The claim is not monetary, injunctive.

Arguments and Facts for Immediate Jury Trial

Count I. Florida Election Code breaches. Conflict of law

Candidates. Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul.
Any candidate may be qualified through petition process to obtain only 25 signatures of voters. It is the responsibility of a candidate to ensure that the signed petition form, prescribed by Miami-Dade Election Department, is properly filled before the filing due date noon, February 5, 2018.
 
Defendants’ petitions forms are lack of voter registration numbers or date of birth of registered in Surfside voters.

Defendant Gielchinsky petitions do not have necessary 25 signatures collected to be qualified.

Elections Officials. Defendant Novoa is the Town clerk of Surfside, Defendant White is the Elections Supervisor of Miami-Dade Election Department.
During elections, Defendant Novoa disqualified candidate Durante for incomplete qualifying process and failure to file reports in time. February 27, 2018, Plaintiff demanded the clerk to disqualify Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul for invalid petitions. Defendant Novoa replied that she, as the town clerk does not have the authority to disqualify the named candidates and remove their names from the ballots.

Defendant White as the Supervisor of Elections ensures adherence with federal, state and local election laws, monitors federal, state and local legislation, coordinates elections Canvassing Board activities, candidate qualifying and liaison activities with candidates and municipalities, processes petitions.

Plaintiff demanded the Elections Supervisor to disqualify Dietch, Gielchinsky, Cohen, Karukin, Paul because of invalid petitions. The Defendant White did not have to verify and count signatures while the prescribed petitions were invalid.

99.097 Verification of signatures on petitions
(3)(a) If all other requirements for the petition are met, a signature on a petition shall be verified and counted as valid for a registered voter.
(b) In any situation in which this code requires the form of the petition to be prescribed by the division, no signature shall be counted toward the number of signatures required unless it is on a petition form prescribed by the division.
 
100.371(3) Initiatives; procedure for placement on ballot
 
The supervisor may verify that the signature on a form is valid only if
(c) The form sets forth the purported elector’s name, address, city, county and voter registration number or date of birth.
 
104.051 Violations; neglect of duty; corrupt practices
(2) Any official who willfully refuses or willfully neglects to perform his or her duties as prescribed by this election code is guilty of a misdemeanor of the first degree.
 
Besides to advise Plaintiff May to challenge in Circuit court, Defendant White sent him to Miami-Dade Ethics commission and Attorney General with a fraud complaint, knowing that Plaintiff shall challenge violations only in the circuit court.
 
Defendant White intentionally misconducted, willfully neglected her duties, interfered in verification process(misfeasance) in favor of Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul knowing that Plaintiff had filed a complaint in Court. Instead of being neutral without prejudice, she did not disqualify but verified and counted signatures of Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul. The election supervisor had to disqualify them like in Marina vs Leahy, JACKSON v. LEON CTY. ELECTIONS CANVASSING, MARTELL v. STEFANO lawsuits. Defendant White acted knowingly in order to violate the election law. It should not be Plaintiff May to seek justice in court.
 
Defendant White is the only Elections Supervisor. She accepts, validate petitions, verify and count signatures. Defendant Novoa, town clerk does not have access to the Miami-Dade county database with registered voters and cannot verify and count verified signatures.
 
Town Elections canvassing board is terminated by Defendants Dietch, Cohen, Karukin. Only at trial, jury shall investigate the case by merits, to determine whether there is any violation of the provisions of Election Code pursuant 104.43 F.S.
 
This is a proven documentary argument to determine the facts of the case. It is a key fact of dispute, a matter of Law, a suit based on Law and precedents.
 
Grounds for Contesting the Elections by merits
 
Count II. Code Compliance Program
 
Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul are not eligible to the office because of breaches in Town’s Code compliance program, misfeasance, negligence.
 
They adopted, amended the program, numerous ordinances which violate citizens’ rights guaranteed by 8th Amendment of the US Constitution (No excessive fines), Florida Statutes. They harass, humiliate, and deprive of property residents of Surfside.
 
A fine in a civil violation shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation. Irreparable or irreversible in nature fine not to exceed $5,000 per violation.
 
A fine shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit, whichever occurs first. The code compliance officer shall follow certain due procedure for each civil violation, ascertain the violation occurred, take a picture, send notices, report town manager, try to settle and finally call violator before the Special Master for enforcement.
  
All mentioned above is reflected in the town Charter with a few amendments contradicting Florida Statutes. They adopted Exhibits with Schedule of Daily Civil Fines with fine range from $25 to $7500 a day.
 
The Special Master Defendant Boksner grants judgments with liens on property with unlimited in time fines daily. Periodically, they return to the case, rehear it, fix new level of violators’ debts on and on until the violation is in compliance but the fine is running and running daily. Finally, they fix the skyrocketing fine and charge interest rate with the liens on property.
 
11.2427 Conflict of laws.—If any section in the civil part of the Florida Statutes, creating a crime or prescribing a punishment, conflicts with any section in the part relating to crimes, the latter shall prevail.
 
To avoid conflict of laws they adopted Sec.15-18- Violations; schedule of civil penalties
 
(d) For the purposes of continuing violations, each day shall constitute a separate violation.
 
This paragraph totally ignores the due process for a violation, Double jeopardy, Florida Statutes and even Town Charter.
 
A basic legal principle is that “no department, not even the legislative, has unlimited power under our system of government.”  Sylvester v. Tindall, (1944) (quoting State v. City of Stuart, (1929)).
 
Local legislation shall be construed to be supplementary to and not in conflict with the general laws of Florida. A municipality is a creature of the state, may exist only with the consent of the state, derives its powers from the state, and enjoys only those powers, which are granted it by the state, through the state constitution and actions of the state legislature.
 
To solve the problem, Plaintiff appealed to the Miami-Dade Ethics commission, town commission, Mayor, senators, house representatives, code compliance officer, esquire, but failed. Only jury trial can determine if the case is based on water, frivolous.
 
Count III. Accounting fraud. Bonds. Outside employment.
 
Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul, Olmedillo, Novoa know or have to know the procedure for issuance of bonds.
 
Sec. 96 Town Charter. Bonds
All action required or authorized to be taken under this Article by the commission of the Town of Surfside shall be by ordinance in accordance with the provisions of this Charter respecting the passing of ordinances.
 
The ordinance shall state the amount, purpose, rate of bonds, sources to cover, either from project revenue or levied taxes, term of bonds.
 
No bonds ordinance for Seawall Replacement exists.
 
5 bonds for Seawall Replacement in the sum of $5,640,000 were verified by Defendant Novoa and recorded with Harvey Ruvin, clerk of court Miami-Dade county, Florida. The bonds shall be signed by the Mayor and the town clerk, under the seal of the town. Sec. 171 town Charter.
 
These bonds are not reflected in the budget, annual financial reports, which Plaintiff alleges as accounting fraud.
 
It is a recognized by Miami-Dade Ethics and Public Trust Commission fact that Surfside Town Manager Defendant Olmedillo is engaged in outside employment, which in prohibited by town charter, complaint (C 16-24).
 
The municipal government of Surfside is known as the "commission-manager government”. All powers of the town are vested in the commission, which shall enact local legislation, adopt budgets, determine policies and appoint the town manager who shall execute the laws and administer the government of the town. Town manager prepares and submits in writing to the commission a complete financial statement and a report upon the completion of any capital improvement project involving the expenditure of $2,500 or more. Sec. 35.
 
 
Count IV. WATER BILLING OVERCHARGE
 
Broken promise not to increase water and sewer rates by Defendant Gimenez, Mayor of Miami-Dade county triggered utility rates in Surfside by 20% with total increase by 50% next 3 years. Meanwhile, the Miami-Dade Water and Sewer Department increased rate for water and sewage only on 5%.

Mayor Address

To ensure that all customers are paying the appropriate amount for our water and sewer infrastructure, an adjustment to the rate tiers was adopted; there will be no increase in water and sewer rates, though. Finally, because our residents should never pay more than is necessary for the service they receive, a two percent reduction to the Utility Service Fee, to six percent from eight percent was included.

Water billing is a mess. This is the result of negligence, incompetence, fraud, lie, lack of knowledge in Math, programming, common sense, and misfeasance of town employees under Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul, Olmedillo.
 
Numerous requests by residents to investigate water billing are ignored. Only the jury trial can bring fair judgment.
 
Count V. TRANSPARENCY ACT VIOLATIONS
 
Plaintiff alleges town officials in delaying, refusing or ignoring answers on numerous issues like Code Compliance Program, Town attorney opinion on possible perjury, Florida Statute breaches and water billing issues.
 
Sec. 2-234. - Town attorney to render opinions on request. Town Charter
Whenever any advisory personnel, candidate, (emphasis) commissioner, is in doubt as to the proper interpretation or application of conflict of interest and code of ethics article, that person may submit to the town attorney a full written statement of the facts and questions. The town attorney shall then render an advisory nonbinding opinion to such person and shall publish these opinions. The town clerk shall publish these opinions on the town's website.
 
Town attorney denied to render opinion to candidate May. The judgment can force officials to follow the law, to avoid possible losses to cover damages.
 
Count VI. Perjury
 
Plaintiff alleges Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul, Olmedillo in perjury under oath in an official proceeding. Town officials left the town during hurricane Irma. They swore support, protect, and defend the constitution of the USA, Florida, in all respect observe the provisions of the charter and ordinances of the town of Surfside.

(2) A state of emergency shall be declared by resolution. "Emergency" shall mean any occurrence, or threat thereof, whether natural, technological or manmade, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

(3) The resolution declaring a state of emergency shall activate the Town of Surfside Emergency Operations Plan. It shall be the authority for use or distribution of any supplies, equipment, materials, or facilities assembled or arranged to be made available pursuant to such plans and/or procedures.

Upon full activation of the EOC, an Unified Command will be established.

A Unified Command will provide operational control of response and recovery operations. The Unified Command will implement the policy directives of the Town Commission through direct coordination with the Section Chiefs.

The Unified Command will consist of the following members:
• Mayor • Town Manager • Police Chief • Public Works Director • Public Information Officer • Town Attorney. Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul left the town during declared state of emergency. There is no any allusion giving them the right to escape.
 
Sec. 2-270. - Penalty.
Any person, firm or corporation who violates any provision of this Article, for which another penalty is not specifically provided herein or required by law shall, upon conviction, be subject to such fine or imprisonment or both as provided by the Town Code. Each day that a violation shall continue to exist shall constitute a separate offense.
Thus, the oath to support, protect, and defend is a simply empty sound, a part of ceremony.

Grounds for Plaintiff’s right to the office
 
If only one member is removed, the candidate receiving the highest number of votes shall be declared elected to fill the vacancy. §100.361 (6)(a) F.S.
McPhereson v. Flynn, 397 So. 2d 665, 668 (Fla. 1981). [2] Sections 102.168 and 102.1682 read: Judgment of ouster; revocation of commission; judgment setting aside referendum.

1. If the contestant is found to be entitled to the office, if on the findings a judgment to that effect is entered, and if the adverse party has been commissioned or has entered upon the duties thereof or is holding the office, then a judgment of ouster shall be entered against such party.
2. If a judgment is entered setting aside a referendum, the election shall be void.
 
 
Conclusion
 
All mentioned above is the examples of ineligibility based on Law, Charter. These facts ascertain incompetence, permanent inability to perform official duties, willful negligence of Defendants Dietch, Gielchinsky, Cohen, Karukin, Paul.
It is the sole province of the judge to determine the law that applies.
 
There was substantial evidence introduced before the circuit court in support of the information. Grounds of contest provided in the statement are sufficient.
 
Therefore, Plaintiff is respectfully pleading before this honorable circuit court for a jury trial, special investigation to determine frivolous Plaintiff or fraudulent Defendants by merits based on documentary evidence.
 
 
Respectfully submitted,
 
 
Plaintiff
 
Victor May (Pro Se)
 
Dated July 24th, 2018
  
Down town
High School
Beach
Town Hall
Freedom Declaration
  
Brothers and Sisters!

The town of Surfside is in danger! It’s time for Commissioners and Mayor to leave! I am challenging them in Court for negligence, misconduct, fraud, misfeasance, perjury, Elections Code violations, Sunshine Laws, Transperancy Act violations,  etc.

Our Commissioners, Mayor, town officials like rats escaped from the town in state of emergency by 70 miles per hour with beloved dogs leaving feeble seniors without help and hope in blackout and absence of mobile, internet signal.

They like tenacious roaches want to run forever.

They like annoying and blood-sucking mosquitoes have turned my dear fellow neighbors into slaves and zombies.

The perpetual Dictator and his accomplices know or have to know the problems of our lovely Surfside after running 10 years+ in office. They are impotent in finances, in ideas with $20 million debts, to do something to ease the life of citizens.
  
We have to close the full of drama book and begin new History of Surfside. Only together, we can overcome the following problems,

General

Poor management, overcrowded office, huge unnecessary expenses, high property tax, no Democracy, illegal overcharged Code Compliance Program, fraud in utility/water billing, no smiles, unfriendly personnel, no Town development Program, system mistakes, shilly-shally, residents needs ignorance, no Sea level rise solutions,  misfeasance,   no cooperation with neighbor-towns in term of the beach and school, no parking strategy to increase revenue, no drills according to the Emergency Operation Plan, absence of storage, dumpsters parking in town – nonsense, town hall needs deep renovation and relocation,

Beach

Erosion, beach chairs, enterococci bacteria, litter, plastics, no amenities, no public restrooms, showers, ridiculous lifeguards stand, seaweeds, bright lighting at night,

Community center

Water heater, café, abandoned building with absurd, dangerous V-shaped support right-of-way, no flowers,

Downtown

Dying, about 20 vacant premises, Shul of Bal Harbor extension, Young Israel Congregation Sinagoge with planning and zoning violations, parking impact, no support to businesses,

Residential Area

Wire underground, Gated community and walkability, overcrowded Middle school classes, absence of high school, 95th St park sucks, traffic mitigation, high level of crimes,

Condos and Hotels

No short-term Rentals Program, poor tourist tax control, no promotion policy, unused condo property, developers impact contribution,

Finances

Corruption, no public control, huge financial burden of bonds and loans, a total mess.

With love and hope,

Victor May
  
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