Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

[00:00:01]

GOOD EVENING, EVERYONE, AND WELCOME TO OUR COMMISSION MEETING, IT IS WEDNESDAY,

[CALL TO ORDER]

OCTOBER 27, 7 P.M..

I THINK I'VE STALLED ENOUGH, SO WE HAVE EVERYBODY IN A SEAT.

CITY CLERK, PLEASE CALL THE ROLL.

THANK YOU.

MADAM MAYOR COMMISSIONER BOLTON, GOOD EVENING, COMMISSIONER PLACKO, GOOD EVENING, COMMISSIONER GELIN, GOOD EVENING, VICE MAYOR VILLALOBOS, GOOD EVENING EVERYONE, AND MAYOR GOMEZ, GOOD EVENING.

IF EVERYONE WOULD PLEASE STAND COMMISSIONER BOLTON WILL LEAD US IN THE PLEDGE OF ALLEGIANCE.

THANK YOU.

WE WILL NOW GO TO OUR CITY ATTORNEY REPORT, MR.

[1. CITY ATTORNEY REPORT]

HERRON.

THANK YOU, MADAM MAYOR.

MEMBERS OF THE COMMISSION, AS THE COMMISSION IS ALREADY AWARE, THE CITY IS THE DEFENDANT IN A NEWLY FILED LAWSUIT AGAINST IT FILED BY 13TH FLOOR.

THEREFORE, IN ACCORDANCE WITH SECTION 286-01184 STATUTES, I HEREBY ADVISE THE CITY COMMISSION OR THE CITY ATTORNEY AND SPECIAL COUNSEL'S NEED FOR ADVICE CONCERNING THAT LITIGATION THAT IS STYLED 13TH FLOOR WOODLANDS HBP LLC VS.

THE CITY OF TAMARAC CASE NUMBER CACE21-019013.

WE WILL WORK WITH CITY CLERK AND ACTING CITY MANAGER TO SCHEDULE THAT MEETING AS QUICKLY AS POSSIBLE BECAUSE THERE ARE SOME TIME RESTRAINTS.

IT LOOKS VERY LIKELY THAT WE WILL TRY AND PUT THAT ON AS AN ADDITIONAL SHADE MEETING ON THE 1ST IN NOVEMBER.

AND THEREFORE I NEED A MOTION TO AUTHORIZE THE CITY ATTORNEY TO SCHEDULE THE REQUEST AND [INAUDIBLE] DO I HAVE A MOTION? SO MOVED.

DO I HAVE A SECOND.

SECOND.

CITY CLERK, PLEASE CALL THE ROLL.

THANK YOU, COMMISSIONER BOLTON, YES.

COMMISSIONER PLACKO, YES.

COMMISSIONER GELIN, YES.

VICE MAYOR VILLALOBOS, YES.

AND MAYOR GOMEZ, YES.

MOTION PASSES UNANIMOUSLY.

THANK YOU VERY MUCH.

NOTHING FURTHER.

THANK YOU.

WE WILL NOW GO TO OUR CITY MANAGER'S REPORT.

[2. CITY MANAGER REPORT]

GOOD EVENING, THANK YOU, MAYOR.

I WOULD LIKE TO TAKE THIS OPPORTUNITY TO RECOGNIZE AND CONGRATULATE OUR EMPLOYEES WHO HAVE RECENTLY REACHED CITY SERVICE MILESTONES.

THE CONSISTENCY OF GOOD PEOPLE IN OUR ORGANIZATION IS WHAT MAKES US GREAT.

WE ALL APPRECIATE YOUR EFFORTS AND LOYALTY TO THE CITY.

OK.

LEVENT IS PULLING UP THE POWERPOINT, WHERE WE'LL HAVE EVERYBODY NAMES.

CONGRATULATIONS TO THE FOLLOWING EMPLOYEES FOR REACHING CITY SERVICE MILESTONES.

WINSTON FORD, FIVE YEARS MECHANICAL INSPECTOR BUILDING, THANK YOU, WINSTON.

JOHN EAVES VIRGIL, INSPECTOR, EMT, FIRE RESCUE, FIVE YEARS, THANK YOU FOR YOUR SERVICE.

COREY MCCALL, UTILITY SERVICE WORKER THREE, PUBLIC SERVICES, FIVE YEARS.

THANK YOU, COREY.

SCOTT BABCOCK, WATER PLANT OPERATOR, PUBLIC SERVICES, 10 YEARS.

THANK YOU, SCOTT, FOR YOUR SERVICE.

JIM TWIGGER, ASSISTANT DIRECTOR OF I.T.

15 YEARS.

THANK YOU, JIM, FOR YOUR SERVICE AND COMMITMENT TO THE CITY.

ALICIA REGITS, CAPTAIN, PARAMEDIC, FIRE RESCUE, 20 YEARS.

THANK YOU, ALICIA.

AND NANCY WILSON, WOW, EXECUTIVE ASSISTANT, FINANCIAL SERVICE, 35 YEARS.

THANK YOU, NANCY.

THANK YOU TO ALL OF OUR EXCELLENT EMPLOYEES.

IT'S SUCH A PLEASURE SERVING ALONGSIDE OF YOU.

THAT IT.

IT IS THANK YOU, THANK YOU, AND ACTUALLY FROM ALL OF US AS WELL, THANK YOU TO ALL OF OUR WONDERFUL EMPLOYEES.

WE WILL NOW GO TO PUBLIC PARTICIPATION.

[3. PUBLIC PARTICIPATION]

CITY ATTORNEY, WILL YOU PLEASE READ THE RULES OF THE ROAD FOR PUBLIC PARTICIPATION? YES, MA'AM.

IN ACCORDANCE WITH SECTION 2-29 OF THE CITY CODE, MEMBERS OF THE PUBLIC MAY SPEAK AT SEEING COMMISSIONER MEETINGS DURING PUBLIC HEARINGS AT A TIME TO BE SPECIFIED BY THE MAYOR OR PRESIDING OFFICER DURING THE PERIOD SET ASIDE FOR PUBLIC

[00:05:01]

DISCUSSION ON CITY COMMISSIONER AGENDA, SUBJECT TO THE FOLLOWING RULES.

MEMBERS OF THE PUBLIC MAY SPEAK ONLY AT TIMES DESIGNATED BY THE CITY COMMISSION.

SPEAKERS WILL BE LIMITED TO THREE MINUTES AND ALL REMARKS SHALL BE ADDRESSED TO THE CITY COMMISSION AS A BODY THROUGH THE MAYOR AND NOT ANY MEMBER THEREOF.

MEMBERS OF THE PUBLIC SHALL ADDRESS ONLY THE TOPIC BEING DISCUSSED DISRUPTIVE, BELLIGERENT OR ABUSIVE CONDUCT BY ANY MEMBER OF THE PUBLIC IS PROHIBITED AND SHALL NOT BE PERMITTED.

ANY MEMBER OF THE PUBLIC WHO VIOLATES THE SECTION MAY BE INSTRUCTED BY THE CITY COMMISSION TO REMOVE HIMSELF OR HERSELF FROM THE CHAMBERS OF THE CITY UPON HIS OR HER FAILURE TO DO SO A MEMBER OF THE BROWARD SHERIFF'S OFFICE SHALL EJECT THE PERSON FROM THE COMMISSION CHAMBERS UPON INSTRUCTION BY THE CITY COMMISSION, IT SHALL BE UNLAWFUL FOR ANY PERSON TO REFUSE TO LEAVE THE CITY COMMISSION CHAMBERS VOLUNTARILY OR INVOLUNTARILY WHEN INSTRUCTED TO DO SO BY THE MAYOR OR PRESIDING OFFICER.

MEMBERS OF THE PUBLIC ARE REQUESTED THAT THEY STATE THEIR NAME AND ADDRESS FOR THE RECORD, IN LIEU OF THEIR ADDRESS MEMBERS OF THE PUBLIC MAY GIVE THEIR CITY OF RESIDENCE.

WITH REGARD TO SECTION 2.2-34.

THE CITY COMMISSION HAS THE FOLLOWING DAILY DUTIES AND RESPONSIBILITIES.

THE RECOGNITION SHALL BE GIVEN ONLY BY THE PRESIDING OFFICER.

UPON BEING RECOGNIZED, THE MEMBER MAY PROCEED.

NO MEMBER OF THE CITY COMMISSION MAY FILIBUSTER AND MAY NOT SPEAK FOR MORE THAN FIVE MINUTES CONTINUOUSLY, EXCEPT BY LEAVE THE CITY COMMISSION.

THE DECISION OF THE CITY COMMISSION IS FINAL.

GENERALLY, BRIEF PRESENTATION BY COMMISSIONERS DO NOT COUNT AGAINST THAT FIVE MINUTE TIME LIMITATION.

A MEMBER MAY SPEAK A SECOND TIME ON ANY ONE QUESTION.

ONLY AFTER ALL, MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO SPEAK.

GENERALLY, THIS IS LIMITED TO TWO MINUTES.

THE MAYOR SHALL REGULATE DEBATE IN ANY IN ANY OTHER MANNER THAT HE OR SHE DEEMS NECESSARY, PROVIDED THE RIGHTS OF ALL PERSONS TO EXPRESS THEIR VIEWS ARE RESPECTED.

QUESTION COMMENTS BY MEMBERS OF THE CITY COMMISSION SHOULD BE RESERVED INSOFAR AS POSSIBLE TO THE END OF THE PRESENTATION TO AVOID INTERRUPTING THE SPEAKER, DISRUPTING THE TIMEKEEPING PROCESS AND DUPLICATING GROUND THE SPEAKER MAY COVER.

ALL MEMBERS OF THE CITY COMMISSION SHALL BE PERMITTED TO SPEAK ON ANY MATTER AND SHALL NOT BE RULED OUT OF ORDER BY THE PRESIDING OFFICER UNLESS THE MEMBER HAS MADE ABUSIVE, DEROGATORY OR RUDE REMARKS.

NO MEMBER OF THE CITY COMMISSION SHALL BE LIMITED IN HIS OR HER DEBATE ON ANY ISSUE, EXCEPT AS OTHERWISE PROVIDED HERE IN UNLESS THE MEMBER ENGAGES IN ABUSIVE, DEROGATORY RUDE COMMENTS.

ALL MEMBERS OF THE CITY COMMISSION SHALL ACCORD THE UTMOST COURTESY TO EACH OTHER, TO CITY EMPLOYEES AND TO PUBLIC MEMBERS APPEARING BEFORE THE CITY COMMISSION, AND SHALL REFRAIN AT ALL TIMES FROM RUDE AND DEROGATORY REMARKS.

REFLECTIONS AS TO INTEGRITY, ABUSIVE COMMENTS AND STATEMENTS AS TO MOTIVES AND PERSONALITIES.

THE CITY MANAGER MAY SPEAK TO ANY MANNER IN WHICH HE OR SHE HAS INFORMATION FOR THE CITY COMMISSION.

IN THE EVENT THAT THE MAYOR PRESIDING OFFICER FAILS TO ACT.

ANY MEMBER OF THE CITY COMMISSION MAY MOVE TO REQUIRE THE PRESIDING OFFICER TO ENFORCE THE RULES AND THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE COMMISSION MEMBERS PRESENT AT THAT TIME SHALL REQUIRE THE PRESIDING OFFICER TO ACT.

THOSE ARE THE RULES OF THE ROAD.

THANK YOU, VERY COMPREHENSIVE.

WE WILL NOW GO TO THE FIRST PERSON ON OUR LIST, WE HAVE DR.

DARCY SCHILLER.

NAME AND ADDRESS OR LOCATION.

I DON'T KNOW IF YOUR MIC IS ON.

THERE SHOULD BE A BUTTON.

THINGS THAT DO IT.

YES, IT DOES.

DORIS SCHILLER, KINGS POINT IN TAMARAC, GRANVILLE.

IT WAS BROUGHT TO MY ATTENTION AT THE LAST COMMISSION MEETING AND THEN IN THE NEWSPAPER THAT TAMARAC HAS ONCE AGAIN MADE THEMSELVES TO BE SOMEWHAT OF A FOOL.

I'M VERY SADDENED BY THE FACT THAT WE HAVE TO ADDRESS COMMISSIONERS BEHAVIORS AT A COMMISSION MEETING AND THAT WE HAVE TO DO THIS WEEK AFTER WEEK, MONTH AFTER MONTH, TO THE POINT THAT A COMMISSIONER HAS TO BRING UP A REQUEST FOR RULES TO BE WRITTEN ON HOW THE COMMISSIONERS SHOULD BEHAVE.

OUR MAYOR SAYS IT IS DISGUSTING THAT IT'D COME TO THIS POINT.

I ALSO THINK THAT SOMETIMES ALL THE RULES IN THE WORLD WILL NOT MAKE A DIFFERENCE IF THE PEOPLE DON'T KNOW HOW TO BEHAVE PROPERLY.

AND I'M JUST WONDERING HOW MUCH MORE OF THE NONSENSE WE'RE GOING TO HAVE FROM THIS POINT FORWARD.

I'VE HEARD COMMENTS THAT SOME OF THE BEHAVIORS AND THE ACRIMONY WAS EXISTING BECAUSE CERNECH WAS IN TOWN.

[00:10:02]

HE'S NO LONGER IN TOWN.

I WOULD TRUST THAT THE ACRIMONY WILL STOP.

ALSO, I THINK THE THREATS NEED TO STOP, AND I THINK THE BOGUS POSTINGS THAT ARE OCCURRING ON FACEBOOK AS FAR AS SURVEYS AND AS FAR AS PEOPLE SENDING OUT BLOGS, ACCUSING THE MAYOR, ACCUSING OTHER COMMISSIONERS OF BOGUS STUFF NEEDS TO STOP.

AND I JUST, YOU KNOW, I'M EMBARRASSED.

I MEAN, WE'RE GETTING NATIONAL NEWS.

AND, YOU KNOW, I WOULD EXPECT THAT KIND OF NONSENSE OUT OF WASHINGTON, D.C.

IT'S REALLY SAD THAT SUCH A SMALL TOWN LIKE TAMARAC, WHICH IS LIKE A DOT ON THE MAP, IS MAKING SUCH NEWS.

SO I IMPLORE YOU AS EVERYBODY ELSE HAS TIME AND TIME AGAIN TO STOP THE ILLEGAL BOGUS POSTS TO TO RESPECT EACH OTHER, TO NOT THREATEN EACH OTHER AND TO NOT CALL EACH OTHER OUT AND MAKE FUN OF EACH OTHER, SO FORTH AND SO ON.

I HOPE SOMEBODY SOMEWHERE WILL SHOW US HOW TO BEHAVE OTHER THAN THE MAYOR.

THANK YOU.

THANK YOU.

JEFFREY SHAPIRO.

NAME AND ADDRESS WITH THE LOCATION, AND THIS IS, FOR THE FIRST PART, THE PUBLIC.

THANK YOU.

JEFFREY SHAPIRO, THE WOODLANDS COMMUNITY AND TAMARAC.

I AM HERE THIS EVENING TO LET YOU KNOW ABOUT MY DISPLEASURE OF WHAT I WITNESSED HERE ON OCTOBER 13TH BY THE ATTORNEYS FOR 13TH FLOOR.

I THOUGHT IT WAS IMPLORABLE.

I THOUGHT THAT HE CAUSED ALL KINDS OF FINGER POINTING IN THIS ROOM BETWEEN THE NEW CITY MANAGER AND MAXINE CALLOWAY.

AND TO ME, IT LOOKED LIKE TOTAL BULLYING SO THAT 13TH FLOOR CAN GET THEIR WAY.

AND THE END RESULT OF THE MEETING HERE ON OCTOBER 13TH WAS HIS MOTION FAILED AND HE WAS NOT THE ATTORNEY.

SCOTT BACKMAN, EVIDENTLY WAS NOT HAPPY ABOUT IT, AND IT SEEMS LIKE THE BULLYING IS STILL CONTINUING TO THIS CITY.

THIS DEVELOPER, IF HE'S TREATING THE CITY, THIS BAD.

JUST THINK HOW HE'S GOING TO TREAT THE REST OF THE WOODLANDS, THE RESIDENTS OF THE WOODLANDS, IF THEY GET THEIR WAY TO DEVELOP.

I JUST.

IT'S JUST DISGUSTING, AND I THINK THAT THIS SHOULD NOT BE TOLERATED.

AND THEIR LAWSUIT TO ME IS FURTHER BULLRING TRYING TO SCARE THE CITY.

AND SO THEY CAN GET THEIR WAY.

THEY GOT THEIR WAY BEFORE THREE OTHER TIMES.

IT'S TIME TO SAY NO.

THANK YOU.

THANK YOU, GEOFFREY.

ERIC JAMES.

GOOD EVENING NAME AND ADDRESS, FOR THE RECORD, PLEASE.

GOOD EVENING, ERIC SHAMUS FROM, I'M SORRY...

I APOLOGIZE, I SAID YOUR NAME WRONG.

OH, NOT A PROBLEM, I'M USED TO IT.

6980 WEST MCNABB, [INAUDIBLE].

SO I AM FROM LOS ANGELES AND I'VE BEEN WORKING IN THE REAL ESTATE SPACE FOR ABOUT 10, 15 YEARS RIGHT NOW.

IN THE LAST FIVE YEARS, I'VE BEEN REALLY FOCUSED ON CONSULTING AND ALSO ORCHESTRATING A NUMBER OF DIFFERENT PROJECTS IN THE LICENSED CANNABIS SPACE.

I WAS APPROACHED BY A RELATIVE OF FREDDIE WHO SAID HE HAD A PROPERTY IN THE FLORIDA MARKET.

THIS IS ONE OF THE THINGS THAT I'VE BEEN LOOKING AT.

WE'VE BEEN SEARCHING ON BEHALF OF A COUPLE OF LARGE FAMILY OFFICES AND SOME OTHER LARGER FUNDS THAT WE WERE PUTTING TOGETHER TO IDENTIFY DIFFERENT PROPERTIES THAT MAY BE LICENSABLE AND TURN IN FROM A ZONING PERSPECTIVE INTO EITHER A CANNABIS DISPENSARY.

NOW I KNOW FLORIDA ITSELF IS IN A MEDICAL MARKET RATHER THAN A RECREATIONAL MARKET, SO FREDDIE AND I WERE DISCUSSING POTENTIALLY STRUCTURING IT IN A WAY THAT WE COULD REALLY ENCOMPASS THE MEDICAL NATURE OF THE PLANT AND DO IT IN A MIXED USE DEVELOPMENT PROJECT WHERE POTENTIALLY THERE'S MEDICAL OFFICE SPACE AND ALSO A LICENSED DISPENSARY.

[00:15:02]

PRIOR TO EVEN HAVING ANY CONVERSATIONS WITH ANY OF THE MAJOR RETAILERS IN THE SPACE LOCALLY, WE WANTED TO FIRST SEE IF THIS IS SOMETHING THAT CAN BE DONE ON A ZONING PERSPECTIVE SIDE.

I WORKED WITH A NUMBER OF DIFFERENT CITIES IN LOS ANGELES AND IN THE SURROUNDING AREAS THAT HAVE LOOKED AND TRY TO IDENTIFY WHERE THEY'RE GOING TO KIND OF CONSTITUTE GREEN ZONES BECAUSE A LOT OF THE TIME THEY'RE TRYING TO SHIFT THE LOCATIONS WHERE THEY'RE DOING CERTAIN TYPES OF ACTIVITIES INTO MORE OF THE TRYING TO CLEAN UP SOME OF THE BLIGHTED AREAS OF THE TOWN.

HERE FOR ONE, AS I WAS DRIVING AROUND THE LAST FEW DAYS, I'VE NOTICED THE TAMARAC THERE IS IT'S A REALLY NICE CITY AND THERE ARE A LOT OF NICE POCKETS.

AND I DO THINK THAT MCNABB AND SEVENTIETH WOULD BE A REALLY GOOD PLACE FOR SOMETHING THAT IS IN A LICENSED NATURE.

AND I THINK THAT IT'S SOMETHING THAT OVER TIME IT WILL BE ABLE TO THE CITY WILL BE ABLE TO BENEFIT, ESPECIALLY IF IT'S BEING DONE AND PRESENTED IN THE PROPER MANNER.

AND I DON'T KNOW EXACTLY THE FORMALITIES IN TERMS OF DISCUSSING THIS AND WHAT REALLY ENTAILS FROM A REZONING PERSPECTIVE, BUT IT'S SOMETHING THAT AS WE'RE GOING TO MOVE FORWARD, I JUST WOULD LIKE INPUT FROM THE COMMISSIONERS AND TO SEE IF THERE'S IF THERE IS EVEN SOMETHING LIKE THIS THAT WOULD BE REASONABLE AND FEASIBLE AND WHAT THE STEPS WOULD NEED TO BE DONE IN ORDER TO KIND OF ACHIEVE THAT IN ORDER THEN TO DO THAT AND THEN TO PRESENT IT TO OTHER RETAILERS IN THE MARKET.

SO THANK YOU FOR YOUR TIME.

THANK YOU.

YOU CAN REACH OUT TO ANY OF THE COMMISSION, AND MS. CALLOWAY'S OFFICE FOR COMMUNITY DEVELOPMENT CAN HELP YOU FURTHER FOR THE RULES OF THE ROAD ON WHAT YOU'RE TRYING TO DO AND SAY IF IT'S GOING TO BE DOABLE.

THANK YOU SO MUCH.

YOU'RE WELCOME.

THANK YOU FOR COMING IN THIS EVENING.

EILEEN LIEBERSON, LIEBERMAN, MICHELSON.

GOOD EVENING, MAYOR AND COMMISSIONERS.

TWO WEEKS AGO, RICHARD GREENWICH, THE PRESIDENT OF SECTION THREE AND I ADDRESSED YOU ABOUT A PROBLEM THAT IS ONGOING IN SECTION THREE, WITH ILLEGAL ACTIVITIES BEING CONDUCTED THERE AND HOW SECTION THREE AND FOUR WERE TREATED VERY DIFFERENTLY WITH RESPECT TO PARKING VEHICLES, PARKING ON A LAWN.

MAYOR, YOU SUGGESTED TO US THAT WE MEET WITH OFFICER MARION, WHO YOU TOLD US WAS HANDLING THIS CASE.

RICHARD AND I MET WITH OFFICER MARION AFTER THE MEETING, AND WE ASKED HER TO PLEASE PROVIDE US WITH THE DISPATCH REPORTS FOR OCTOBER 5TH AND OCTOBER 11TH SO THAT WE COULD SEE WHY THE SECTIONS WERE TREATED SO DIFFERENTLY.

SHE PROMISED US WE'D HAVE IT THE NEXT MORNING.

TODAY IS TWO WEEKS AFTER THAT.

NEITHER ONE OF US IS HEARD FROM OFFICER MARION.

SHE'S NOT CONTACTED.

WE GAVE HER OUR CELL PHONE NUMBER.

SHE'S NOT CONTACTED US.

SHE HASN'T PROVIDED US WITH THE DISPATCH REPORTS.

I THEN MADE A PUBLIC RECORD REQUEST TO YOUR CITY CLERK TO GET THE REPORTS, AND THE ANSWER I GOT BACK IS YOU HAVE TO GO THROUGH BSO.

IT'S INCOMPREHENSIBLE TO ME THAT YOU DON'T HAVE ACCESS TO YOUR OWN DISPATCH REPORTS FOR YOUR OWN OFFICERS WHEN RIGHT ACROSS THE PARKING LOT IS YOUR OWN POLICE DEPARTMENT.

AND AND WE'RE VERY DISAPPOINTED THAT OFFICER MARION DID NOT FOLLOW THROUGH.

THE ONLY COMMUNICATION THAT'S HAPPENED IS ONE DAY THIS WEEK, OFFICER MARION, I BELIEVE SOMEBODY FROM YOUR FIRE DEPARTMENT WENT TO VISIT THE HOUSE IN SECTION THREE, THAT'S CAUSING A PROBLEM.

AND I SAW RICHARD GREENWICH OUT IN FRONT OF HIS HOUSE AND SHE GAVE HIM A THUMBS UP.

THAT, TO ME, IS NOT A COMMUNICATION.

AND SO I'M REALLY VERY DISAPPOINTED IN OFFICER MARION AND BSO BECAUSE IF THAT'S THE WAY THEY HANDLE THE SITUATION, I THINK YOU NEED TO DO ONE VERY IMPORTANT THING.

I THINK YOU NEED TO DIRECT YOUR CITY MANAGER TO LOOK INTO WHY SECTION THREE AND SECTION FOUR WERE TREATED SO DIFFERENTLY WITH RESPECT TO VEHICLES PARKING ON THE LAWN, AND THAT THIS DISPARATE TREATMENT, BECAUSE WE ARE NOT MEMBERS OF THE WHOA FLIES IN THE FACE OF THE MONEY FROM OUR PROPERTY TAXES THAT GO TO PAY FOR THE ZONE DEPUTY.

SO IT IS TONIGHT THAT YOU DIRECT YOUR CITY MANAGER TO LOOK INTO THE UNEQUAL TREATMENT OF SECTION THREE AND FOUR ON PARKING.

COMMISSIONER BOLTON CAN ATTEST TO THIS AS HE WAS IN THE WOODLANDS WHEN THE OFFICERS SHOWED UP VERY SHORTLY AFTER HE ARRIVED AND SAID EVERYBODY HAD 10 MINUTES TO MOVE THEIR CARS.

BUT WHEN OFFICER MARION SHOWED UP IN SECTION THREE, SHE DIDN'T TICKET THE CARS BECAUSE SHE SAID SHE HAD TO GO READ THE ZONING OVERLAY DISTRICT, EVEN THOUGH SHE'D BEEN IN TAMARAC FOR 14 YEARS AND DIDN'T KNOW THAT YOU COULDN'T PARK ON THE LAWN.

AND SO THAT MY REQUEST AND RICHARD'S REQUEST AND HE'S SORRY THAT HE'S NOT HERE AT THE MOMENT, BUT HE ASKED ME TO CONVEY TO YOU THAT IT IS A REQUEST FROM BOTH SECTIONS THREE AND FOUR THAT YOU LOOK INTO THIS UNEQUAL TREATMENT.

THANK YOU.

THANK YOU.

YOUR REQUEST IS NOTED.

ALL RIGHT, I HAVE RICHARD GREENWICH AND THEN I HAVE EILEEN LIEBERMAN, MICHAELSON AGAIN FOR LATER ON AND YES.

YEAH.

AND SO THE NEXT ONE ON THE LIST IS, I BELIEVE THIS IS RONALD J.

[00:20:01]

WASSERMAN.

I CAN'T TOUCH THIS MICROPHONE.

HI, EVERYBODY.

HE JUST CLEANED IT.

ALL RIGHT.

GOOD EVENING, MY NAME IS RONALD WASSERMAN.

I LIVE AT 8577 J DRIVE TAMARAC, 33321.

MY COMMUNITY IS SHANGRI-LA.

I ALWAYS COME TO SPEAK BEFORE.

WHOEVER IS HAS THEIR MIGHT OPEN ONLINE, PLEASE TURN IT OFF.

SOUNDS LIKE THE ENTERPRISE.

[INAUDIBLE] THANK YOU.

HI.

SO I ALWAYS COME BEFORE YOU AND I SAY TO MYSELF, SHOULD I JUST SIT DOWN? ALL RIGHT, TRYING IT AGAIN.

I COME BEFORE YOU AND IT'S THE FREEDOM TO DO THAT AT ANY GIVEN TIME AND ESPECIALLY BEFORE THIS COMMISSION MEETING, AND I COME SOMETIMES WITH BAD THINGS AND I COME SOMETIMES WITH GOOD THINGS.

AND AND WE ALL NEED, I THINK, I THINK, NEEDS SOME GOOD THINGS.

SO I'D LIKE TO ACKNOWLEDGE A COUPLE OF REALLY GOOD THINGS.

I WANT TO CONSTANTLY ACKNOWLEDGE OUR FIRE DEPARTMENT.

YOU'VE HELPED US SO MUCH.

BSO.

WE NEED YOU.

AND THEN THERE'S OTHER PEOPLE WHO COME HERE COMPLAINING ABOUT BUILDERS.

PULTE, 13TH FLOOR.

I'VE BEEN A VICTIM OF PULTE'S NONSENSE FOR FOUR AND A HALF YEARS.

WHAT DOES THAT MEAN? WELL, RIGHT NOW IT MEANS I CAN'T EVEN GET THESE IDIOTS TO CUT THE GRASS.

SO YOU SAY, WHY DO YOU KEEP ON COMPLAINING ABOUT THAT, WASSERMAN? WELL, YOU SOILED THE AIR.

YOU'VE POLLUTED OUR WATER.

YOU'VE BEEN CITED BY THE COUNTY.

YOU'VE BEEN CITED BY THE STATE.

YOU'VE BEEN CITED BY THE CITY.

THANK YOU CODE ENFORCEMENT.

YOU KNOW, IT'S KIND OF FUNNY TO THANK CODE ENFORCEMENT.

YOU GOT OUT THERE AND GOT IT DONE BECAUSE THESE PEOPLE LITERALLY GIVE YOU THE FINGER.

FOR YOU PEOPLE ARE EXPECTING WOODLANDS, YOU BETTER LOOK FOR AN OMBUDSMAN, YOU BETTER LOOK FOR SOMEONE BECAUSE BELIEVE ME, THE LAW FIRMS THAT REPRESENT THESE ISSUES WILL PAT YOU ON THE SHOULDER AND SAY NO PROBLEM.

AND THAT'S WHEN THE PROBLEM BEGINS.

I KNOW THIS LAW FIRM AND THESE GROUPS.

THEY LIED TO YOU, THEY LIE TO YOU.

GIVE YOU A PAT ON THE SHOULDER, SO MADAM MAYOR AS PLEASED WHEN AN ABLE BODIED CITIZEN OR EVEN NON ABLE BODIED CITIZEN COMES TO A MEETING AND ASK YOU FOR ASSISTANCE.

DON'T JUST SAY THAT IS NOTED.

PLEASE, THANK YOU SO MUCH FOR LISTENING TO ME.

WE DO APPRECIATE EVERYTHING THAT YOU HAVE DONE FOR US.

THANK YOU.

IS THERE ANYBODY ELSE IN THE AUDIENCE WHO HAS NOT SIGNED UP, WHO WISHES TO SPEAK? SEEING, THAT THERE'S NOBODY ELSE IN THE AUDIENCE WHO WISHES TO SPEAK ON ANY MATTERS, PUBLIC PARTICIPATION IS NOW CLOSED.

WE WILL NOW MOVE TO OUR CONSENT AGENDA.

[4. CONSENT AGENDA]

CITY MANAGER, ARE THEY ANY ADDITIONS OR DELETIONS? THERE ARE NONE.

THANK YOU.

THEY ARE MADAM, I ASKED TO PULL THE ITEM ON THE HEALTH INSURANCE.

THAT'S HER THAT SHE HAS NONE TO PULL.

I WILL ASK THE COMMISSION NOW.

OK, THANK YOU.

THAT'S NOT HOW IT'S TYPICALLY DONE.

PARDON.

THAT'S NOT HOW IT'S TYPICALLY DONE.

THE CITY INTERIM CITY MANAGER HAS NOTHING TO PULL COMMISSIONER GELIN.

I TAKE IT YOU HAVE SOMETHING YOU'D LIKE TO PULL.

YEAH, ITEM D AND E.

ITEM 4DTR13696, THE 2022 CIGNA HEALTH CARE INSURANCE RENEWAL, INSURANCE PROGRAM

[00:25:07]

RENEWAL AND 4ETR13697.

THE 2022 STOP LOSS INSURANCE RENEWAL ITEMS HAVE BEEN PULLED FROM CONSENT AGENDA.

ARE THERE ANY OTHER ITEMS THIS COMMISSION WISHES TO PULL FROM THE CONSENT AGENDA? SEEING NON I NEED A MOTION AND A SECOND FOR THE CONSENT AGENDA AS AMENDED.

SO MOVED.

SECOND.

THANK YOU.

CITY CLERK, PLEASE CALL THE ROLL.

THANK YOU, MADAM MAYOR.

MAYOR GOMEZ, YES.

MR. BOLTON YES.

COMMISSIONER GELIN YES.

VICE MAYOR VILLALOBOS YES.

AND COMMISSIONER PLACKO YES.

THANK YOU.

MOTION PASSES UNANIMOUSLY FIVE TO ZERO.

THANK YOU.

COMMISSIONER GELIN, WE HAD

[4.d. TR13696 - 2022 Cigna Health Insurance Program Renewal]

PRESENTATIONS ON THESE ITEMS, SO I DO NOT KNOW IF WE HAVE THEM READY AVAILABLE.

PLEASE START WITH 4D.

I SHALL HAVE THE CITY ATTORNEY READ IT INTO THE RECORD 4DTR13696 2022 CIGNA HEALTH INSURANCE PROGRAM RENEWAL.

PLEASE READ THE TITLE ONTO THE RECORD.

YES, MADAM MAYOR, MEMBERS OF THE COMMISSION.

SAY RESOLUTION OF THE CITY COMMISSION, THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RENEW AND EXECUTE AN AGREEMENT WITH CIGNA, PROVIDING FOR ADMINISTRATIVE SERVICES FOR CLAIMS AND FLEXIBLE SPENDING PLANS.

AND THE EMPLOYEE ASSISTANCE PROGRAM.

EXCUSE ME, THE TELEHEALTH CONNECTION PROGRAM AND THE MOTIVATE ME VALUE PROGRAM, AND TO MAKE CERTAIN MODIFICATIONS TO THE HEALTH INSURANCE PROGRAM FOR EMPLOYEES AND RETIREES, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU.

CAN I HAVE A MOTION AND A SECOND? SO MOVED.

SECOND, THANK YOU.

COMMISSIONER GELIN, PLEASE PROCEED, YOU HAD A QUESTION ON THIS MATTER.

YEAH I HAD A FEW QUESTIONS.

I DON'T KNOW IF YOU HAVE THEM READY OR YOU WANT ME TO JUST ASK THE QUESTIONS AND YOU HAVE THE RESPONSES.

SO THE QUESTIONS ARE BEING DIRECTED TO OUR HR DIRECTOR LORENZO CALHOUN, WHO'S AT THE PODIUM, GO AHEAD.

IS COMING TO HELP.

THANK YOU, MS. DILLON.

THANK YOU.

GOOD EVENING MADAM MAYOR, VICE MAYOR, MEMBERS OF THE COMMISSIONER LORENZO CALHOUN, DIRECTOR OF HUMAN RESOURCES.

COMMISSIONER GELIN WAS KIND ENOUGH TO SHARE SOME QUESTIONS REGARDING THE HEALTH INSURANCE RENEWAL FOR THE PURPOSE OF ANSWERING THOSE QUESTIONS.

I AM GOING TO DEFER TO OUR ASSITANT DIRECTOR OF HUMAN RESOURCES MS. NORA CARLS, AND ALSO ASSISTED BY OUR NEW HUMAN RESOURCES BENEFITS MANAGER MS. ARLENE WALSH.

AND I CAN STEP BACK IN IF THE COMMISSIONER HAS QUESTIONS DIRECTED TOWARD THAT I CAN HELP ANSWER.

THANK YOU.

THANK YOU, COMMISSIONER GELIN AND FELLOW COMMISSIONERS, MAYOR, VICE MAYOR AND CITY STAFF, SO I HAVE I HAVE A LIST OF QUESTIONS THAT WAS PROVIDED SO I CAN SUMMARIZE THEM INTO LITTLE GROUPS.

YEAH THAT'S FINE...SUBJECT MATTER.

SURE.

JUST TO ADDRESS.

SO IF YOU DO PREFER, I CAN JUST TOUCH ON THE DIFFERENT GROUPS.

YEAH, AND I'LL STRIKE THE QUESTIONS I HAVE HERE IN FRONT OF ME.

OK.

ONE OF THE QUESTIONS DEALT WITH OUR WELLNESS FUNDS THROUGH OUR CIGNA AGREEMENT.

WE'RE PROVIDED WITH WELLNESS FUNDS IN THE AMOUNT OF $75000 PER YEAR.

THERE'S TWO BUCKETS, NORMALLY AS THREE BUCKETS THIS YEAR BECAUSE WE HAVE A ONE TIME ROLLOVER FROM A PREVIOUS YEAR.

THERE'S TWO BUCKETS AS WELL AS COMMUNICATIONS, AND IT'S A TECHNOLOGY BENEFIT.

SO WE USE THESE FUNDS TO BOTH ENHANCE OUR TECHNOLOGY, OUR BENEFIT ADMINISTRATION SYSTEM, THE PLATFORMS THAT WE USE TO ENROLL AND ADMINISTER OUR BENEFITS.

AND THEN WE USE THE FUNDS ALSO TO INCENTIVIZE OUR WELLNESS PROGRAMS TO MOTIVATE ME FROM THE GIFT CARD PROGRAMS OUR EMPLOYEES EARN FAR TO PRACTICING HEALTHY BEHAVIORS, GETTING THEIR PREVENTATIVE SCREENINGS, THOSE TYPE THINGS.

HOW MUCH DO WE SPEND ON THE TECHNOLOGY? ON THE TECHNOLOGY? THE FUND IS 40000 AND WE'LL BE RIGHT AT 40000 THIS YEAR BECAUSE WE DID UPGRADE OUR PLATFORM.

IT'S NORMALLY RUNS ABOUT TWENTY SEVEN THOUSAND A YEAR.

AND WITH THE REMAINING THIRTY FIVE DID WE ALLOW EMPLOYEES TO EARN THOSE DOLLARS THROUGH HEALTH BEHAVIORS.

YES, OK, HOW MUCH DO WE PAY OUT LAST YEAR? BUT WE DID WE DID USE THE FUND.

OK.

A YEAR TODAY, I HAD THAT QUESTION, YEAR TO DATE, WE'VE SPENT SO FAR TWELVE

[00:30:03]

THOUSAND FIVE HUNDRED.

WE ANTICIPATE USING MOST OF IT OR ACTUALLY ALL OF IT BY THE END OF THE YEAR.

WE WATCH IT CAREFULLY TOWARD THE END OF THE YEAR BECAUSE MOST OF THE INCENTIVES ARE EARNED TOWARD THE END OF THE YEAR WHEN THEY'RE COMPLETING ALL THERE, WE CALL THEM GOALS.

SO WE WATCH IT CLOSELY BECAUSE WE CAN USE THOSE FUNDS ALSO TO DO EDUCATIONAL LUNCH AND LEARNS WE CAN, YOU KNOW, BRING IN SPEAKERS, WE CAN HOST CHALLENGES, THOSE TYPE OF THINGS.

WE HAVE A LITTLE BIT TO PLAY WITH.

LAST YEAR, I GOT A COPY OF THE CIGNA REPORT ON THE PREVENTIVE SCREENINGS.

I THINK IT WAS DATA AS OF JULY OF LAST YEAR, AND FORTY SIX PERCENT OF THE EMPLOYEES HAD GOTTEN THEIR ANNUAL PHYSICALS.

DO WE KNOW HOW WE FINISHED THE YEAR LAST YEAR? I DON'T HAVE YEAR TODAY, A LITTLE BIT IN TRANSITION RIGHT NOW, BUT I DO HAVE A COMPARATIVE OF THE CURRENT PERIOD VERSUS LAST YEAR.

AND ON OUR PREVENTATIVE SCREENINGS WE ARE AT FORTY SIX PERCENT THIS YEAR.

OF THE ELIGIBLE SCREENINGS, WHICH WE USE COMPARABLES TO SEE HOW CLOSE WE ARE TO OTHERS IN OUR INDUSTRY.

THE COMPARABLE NORM RIGHT NOW IS 31 PERCENT.

SO WE'RE DOING WE'RE DOING WELL WITH PREVENTATIVE SCREENINGS.

ALL RIGHT, YOU CAN GO ON WITH THE OTHER QUESTIONS I ALREADY SUBMITTED.

SINCE WE DID TOUCH ON PREVENTATIVE.

THAT'S KIND OF THE OVERALL 40 PERCENT, 46 PERCENT WE BREAK IT DOWN INTO THE VARIOUS CANCER SCREENING RATES FROM BREAST CANCER, CERVICAL CANCER AND COLON CANCER, AND WE DO EXCEED THE NORMS ON ALL OF THOSE.

AND FOR THE I BELIEVE IT'S THE FIRST YEAR THIS YEAR WE'VE ACTUALLY EXCEEDED THE NORMS ON THE COLONOSCOPIES, ON THE COLON SCREENINGS, WHICH IS GREAT.

WE'VE BEEN WORKING AT GETTING THOSE UP.

ONE THING TO NOTE WITH OUR PREVENTATIVE EXAMS NOW THIS YEAR, 95 PERCENT OF OUR FIREFIGHTERS COMPLETED A COMPREHENSIVE PHYSICAL EXAM THROUGH LIFE SCAN, AND THOSE ARE NOT CAPTURED THROUGH CIGNA.

HOWEVER, WE ARE WORKING WITH CIGNA TO TRY AND WORK OUT A WAY TO CAPTURE THESE PHYSICALS THROUGH THROUGH THEIR REPORTING.

AND THE PRESENTATION THAT WAS SOME COMMENTARY ABOUT THE PHARMACY REBATE BEING FIFTY THREE THOUSAND DOLLARS OR PROJECTED.

WHAT WAS IT LAST YEAR? LAST YEAR, THE REBATES AND LET ME JUST EXPLAIN THE REBATES.

I DID GET CLARIFICATION ON THAT.

THE REBATES WERE PROVIDED ON A QUARTERLY BASIS BY CIGNA.

THE TOTAL EACH YEAR IS CAPTURED IN THE FIRST QUARTER OF THE FOLLOWING YEAR.

SO THE 2020 PLAN YEAR WE WRAPPED UP AND IT HAD A TOTAL REBATE OF TWO HUNDRED SEVENTY THREE THOUSAND.

SO WE DON'T QUITE HAVE THE 2021 REBATE JUST YET.

WHAT HAPPENS WITH THOSE DOLLARS? DOES IT GO BACK TO TAMARAC? GOES BACK INTO THE CLAIMS FUND YES.

OK.

YOU HAD A QUESTION ON OUR STOP LOSS INSURANCE.

THE NUMBER OF FOLKS THAT HAVE HIT THE 2000 $250000 INDIVIDUAL STOP LOSS FOR 2020 WAS TWO THIS YEAR.

SO FAR, YEAR TO DATE, WE DON'T HAVE ANYONE HITTING IT YET, BUT WE STILL HAVE A QUARTER LEFT.

OK.

I MEAN, I DIDN'T SEE, SO WE HAVE CIGNA WITH ALL LINES OF COVERAGE, BUT I DIDN'T SEE ANY COMPETITIVE PROPOSALS FROM OTHER CARRIERS LIKE AETNA OR UNITED HEALTHCARE OR HUMANA.

OK.

SO I THOUGHT I WOULD HAVE SEEN LIKE A SIDE BY SIDE COMPARISON OF THE OTHER COMPETITORS TO SEE HOW THEY COMPARE TO WHAT WE'RE PAYING NOW WITH CIGNA.

OK.

I CAN PROVIDE THAT TO YOU.

WE DIDN'T ATTACH IT TO THE AGENDA ITEM, BUT WE DID HAVE QUOTES FROM REMIND US, HERE'S AETNA.

WE ASKED AETNA, FLORIDA BLUE AND UNITED HEALTH CARE TO QUOTE.

FLORIDA BLUE DECLINED TO QUOTE.

IT WENT THROUGH SEVERAL ITERATIONS, CONSIDERING ALL THE FIXED COSTS, CIGNA DID GO BACK AND REVISE THEIR AGREEMENT AND AND REDUCE THEIR FEES SOME MORE.

THERE WERE SEVERAL THINGS SEVERAL COMPONENTS THAT WERE CONSIDERED NOT JUST THE ACTUAL RATES FOR YOUR NETWORK, ASO AND THE STOP LOSS AND SO FORTH.

WE, YOU KNOW, LOOK AT THE PROGRAMS THROUGH THAT COVER THE DISEASE MANAGEMENT, MEMBERSHIP, DISRUPTION, CASE MANAGEMENT, THE VARIOUS MEMBER PROGRAMS THEY OFFER, THE INTERFACE KEYS AND AND EVEN THROUGH ALL THE COMPONENTS, THEY'RE NOT.

BE HAPPY TO PROVIDE YOU WITH THE SUMMARY SHEET OF THAT.

CIGNA STILL REMAIN TO BE THE OVERALL COST BENEFIT, MOST COST BENEFICIAL PROGRAM OUT OF THOSE THREE.

YES, I THINK A LOT OF MY QUESTIONS COULD BE AVOIDED IF THAT INFORMATION WAS INCLUDED IN THE BACKUP.

OK, SO I DON'T WANT A PRINT OUT OF PROPOSALS AND THINGS LIKE THAT.

BUT IF YOU GUYS CAN SEND A LINK WHERE I CAN REVIEW THAT DATA, THEN I WON'T HAVE ALL THESE QUESTIONS.

OK? THANK YOU.

I DID HEAR YOU STARTING TO TALK ABOUT STOP LOSS, I DIDN'T STOP IT TO DO IT TOGETHER.

SO ARE YOU OK WITH YOUR QUESTIONS ON STOP LOSS OR ARE THERE MORE AFTER THAT? BECAUSE I WANT TO KNOW WHERE WE ARE IF WE'RE DONE WITH THE FIRST ONE, WHICH DEALS

[00:35:04]

WITH THE INSURANCE PROGRAM RENEWAL FIRST? WELL, I LOOK AT THEM AS A COMBINE.

I THINK THE ONLY THING I'M GOING TO ASK THEN IS JUST, I'M GOING TO ASK JOHN, OUR CITY ATTORNEY, TO READ THAT TITLE INTO THE RECORD.

SO WHEN WE'RE DISCUSSING IT TOGETHER, WE HAVE A MOTION OF SECOND.

I THINK THAT'LL MAKE OUR CITY CLERK A LOT HAPPIER BECAUSE WE ARE HAVING OUR DISCUSSION ON BOTH OF THEM AT ONE TIME AND THEY WERE NOT INTRODUCED AT THE SAME TIME.

SURE.

CITY ATTORNEY, WILL YOU PLEASE READ 4ETR13697 THE 2020 STOP LOSS INSURANCE RENEWAL TITLE INTO THE RECORD? YES, MADAM MAYOR, MEMBERS OF THE COMMISSION.

IT IS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE RENEWAL OF THE AGREEMENT WITH CIGNA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT WITH CIGNA, PROVIDING FOR STOP LOSS INSURANCE, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU AND CITY CLERK WILL BE OK.

WE'LL DO OUR MOTION AND SECOND ON THAT ONE AFTERWARDS, SO WE'LL CONTINUE THIS DISCUSSION.

SO OVERALL, WE'RE RECOMMENDING BENEFIT PLAN CHANGES TO REDUCE COSTS TO THE HEALTH INSURANCE PROGRAM, BUT THAT'LL INCREASE THE OUT-OF-POCKET COSTS FOR EMPLOYEES RIGHT PER PAYCHECK AND IF THEY UTILIZE THE PLAN A CERTAIN WAY.

CORRECT.

OUR TWO RECOMMENDATIONS WERE, ONE WAS A SEVEN PERCENT INCREASE TO THE HMO PLAN PREMIUMS. AND THEN THE OTHER RECOMMENDATION WAS A PLAN DESIGN TO THE HMO PLAN, INCREASING THE DEDUCTIBLE AS WELL AS THE OUT-OF-POCKET MAX.

OK.

I HAVE ANOTHER QUESTION, AND THEN I SAW SOMEWHERE THAT THERE WAS A NEGOTIATION DOWN TO A 13 PERCENT INCREASE.

WHAT WAS THE ORIGINAL INCREASE? I BELIEVE, AND THEY WERE WORKING LOCKDOWN AS OUR CONSULTING PARTNERS BEGAN WORKING ON THIS EARLIER IN THE YEAR.

I BELIEVE IT WAS CLOSER TO 17 PERCENT AT THE TIME.

OK.

ALL RIGHT.

THAT'S ALL I HAVE.

AND MARY GOMEZ, YOU MIGHT REMEMBER WHEN WE WERE DOING THE BUDGET NEGOTIATIONS I DID SUGGEST PLAN CHANGES THAT WOULD INCREASE EMPLOYEE CONTRIBUTIONS TO SAVE MONEY, AND THAT'S EXACTLY WHAT H.R.

DID.

SO I KNOW THAT.

THANK YOU.

THANK YOU.

THANK YOU FOR ALL OF THAT AND ALL YOUR HARD WORK.

IF THERE'S NO FURTHER QUESTIONS, THEN WE WILL CALL THE ROLL ON 4D, PLEASE.

THANK YOU, MAYOR GOMEZ.

YES, COMMISSIONER GELIN.

YES.

COMMISSIONER BOLTON YES.

VICE MAYOR VILLALOBOS YES.

AND COMMISSIONER PLACKO YES.

MOTION PASSES UNANIMOUSLY FIVE TO ZERO.

THANK YOU.

NOW I NEED A MOTION AND A SECOND FOR 4E PLEASE.

SO MOVED.

SECOND.

COMMISSIONER GELIN IS THAT FOR DISCUSSION OR FOR VOTE? SEEING THAT THERE'S NO OTHER COMMISSIONER PLACKO SOURCE FOR DISCUSSION.

OK.

PLEASE CALL THE ROLL.

THANK YOU, MAYOR GOMEZ.

YES.

COMMISSIONER PLACKO YES.

COMMISSIONER GELIN YES.

VICE MAYOR VILLALOBOS YES.

AND COMMISSIONER BOLTON YES.

MOTION PASSES UNANIMOUSLY FIVE TO ZERO.

EXCELLENT.

THANK YOU.

WE'RE NOW MOVING TO THE REGULAR AGENDA.

WE'RE UP TO 5A, TR13681 EMPLOYMENT AGREEMENT FOR ACTING MANAGER KATHLEEN

[5.a. TR13681 - Employment Agreement for Acting Manager Kathleen Gunn]

GUNN, CITY ATTORNEY.

WILL YOU PLEASE READ THE TITLE FOR THE RECORD? YES MADAM MAYOR MEMBERS OF THE COMMISSION, THE RESOLUTION, THE CITY COMMISSION, THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF TAMARAC AND KATHLEEN GUNN ATTACH HERETO AS EXHIBIT A AND INCORPORATED HEREIN, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION.

PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU.

I NEED A MOTION AND A SECOND, PLEASE.

SO MOVED.

SECOND.

INTERIM CITY MANAGER MS. GUNN.

THE FLOOR IS YOURS.

THANK YOU.

THANK YOU, MAYOR GOMEZ AND MEMBERS OF THE COMMISSION.

2021 HAS BEEN A TUMULTUOUS YEAR IN THE CITY OF TAMARAC.

THERE HAS BEEN TREMENDOUS CHANGE AND UNEXPECTED DISRUPTIONS.

THE LAST EIGHT WEEKS HAVE BEEN NO EXCEPTION AND IN FACT, THE IMPACT OF THE DISRUPTION HAS BEEN FELT MUCH MORE ACUTELY.

ALTHOUGH UNEXPECTED AND UNPLANNED, I STEPPED UP ON AUGUST 30, FIRST TO BE CONSIDERED AS INTERIM CITY MANAGER.

AS A CAREER LONG PUBLIC SERVANT, I FELT THE CALL OF DUTY TO SERVE YOU ALL THOSE WHO'VE BEEN ENTRUSTED BY THE ELECTORATE TO LEAD THIS CITY.

OUR EMPLOYEES, OUR RESIDENTS AND ALL OF THE CITY'S STAKEHOLDERS.

IT WAS THE RIGHT THING TO DO AT A TIME OF PROFOUND CRISIS.

IT'S BEEN MY DISTINCT PLEASURE TO SERVE THE CITY OF TAMARAC FOR THE LAST FOUR YEARS, ALONGSIDE ONE OF THE BEST STAFFS I'VE HAD THE PLEASURE TO WORK WITH IN MY 20 PLUS YEARS OF PUBLIC SERVICE.

I'M IMPRESSED DAILY BY THE EXCEPTIONAL LEADERSHIP OF THE EXECUTIVE TEAM AND THE PERFORMANCE OF OUR EXEMPLARY EMPLOYEES WHO RISE TO EVERY CHALLENGE AND HAVE NOT MISSED A BEAT IN CARRYING OUT THE WILL OF THIS COMMISSION.

THEY EXCEED CUSTOMER EXPECTATIONS EVERY DAY, AND I COULDN'T BE MORE PROUD OF OUR TEAM AND MORE GRATEFUL.

[00:40:01]

DESPITE OUR RECENT CHALLENGES, JUST IN THE PAST EIGHT WEEKS, WE'VE PASSED A BUDGET THAT REDUCED THE MILEAGE RATE FOR THE FIRST TIME IN 10 YEARS, LEARNED OF APPROVAL RATINGS, APPROVAL RATINGS FROM RESIDENTS AND BUSINESS OWNERS THAT ARE AT AN ALL TIME HIGH AND A [INAUDIBLE] HAVE WON THE INTERNATIONAL CITY MANAGERS ASSOCIATION AWARD FOR PERFORMANCE MANAGEMENT, A PRESTIGIOUS HONOR FOR CITIES.

DURING MY SHORT TENURE AS INTERIM CITY MANAGER, MY OVERARCHING EFFORT HAS BEEN TO ABIDE BY THE CHARTER AND SERVE THIS COMMISSION WITH INTEGRITY.

RECOGNIZING MY DUTY TO EXECUTE ON THE POLICY DECISIONS THAT YOU MAKE.

DESPITE DIFFERENT VIEWPOINTS AND PERSPECTIVES, IT IS MY JOB TO BRING ITEMS TO YOU FOR CONSIDERATION, DIRECTION AND THEN TO IMPLEMENT YOUR WILL.

IT'S AN HONOR TO BE PROVIDED THE OPPORTUNITY TO CONTINUE TO DELIVER SUCCESSES FOR YOU AND YOUR CONSTITUENCIES.

IN THE CONTRACT BEFORE YOU, I'VE ASKED FOR FAIR COMPENSATION, WHICH IS COMMENSURATE WITH SURROUNDING COMMUNITIES.

MY 20 YEARS OF EXPERIENCE IN PUBLIC SERVICE AND THE RESPONSIBILITY AND DUTIES OF THIS POSITION.

THANK YOU MAYOR AND COMMISSION FOR YOUR LEADERSHIP, DEDICATION AND COMMITMENT TO THE PEOPLE OF TAMARAC.

I'M GRATEFUL FOR THE PRIVILEGE TO SERVE THIS CITY AND FOR YOUR CONSIDERATION TONIGHT.

I, ALONG WITH MY ATTORNEY, CARMEN RODRIQUEZ, ARE AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

THANK YOU VERY MUCH AT THIS TIME, I'M GOING TO OPEN UP PUBLIC COMMENTS, AND I AM AWARE THAT JEFFREY SHAPIRO WISHES TO SPEAK ON THIS MATTER.

NAME, ADDRESS OR THE LOCATION, PLEASE.

JEFFREY SHAPIRO, THE WOODLANDS COUNTRY CLUB COMMUNITY.

I HAVE LOST TRUST IN MS. KATHLEEN GUNN OVER THE PAST SEVERAL WEEKS.

I DON'T BELIEVE SHE TRULY WORKS FOR THE RESIDENTS OF TAMARAC.

SHE SEEMS TO BE MORE WORKING FOR 13TH FLOOR AND THAT DEVELOPER.

SOME OF THE DECISIONS THAT AFFECT OUR COMMUNITY BY GIVING PROPER NOTICE OF A MEETING CANCELED TWO WEEKS AGO AND RESCHEDULED WAS NOT DONE.

SO AND THEN JUST FOUR DAYS BEFORE THE MEETING THAT WAS SUPPOSED TO TAKE PLACE ON OCTOBER 20TH, I GOT THROUGH EMAIL.

I EMAILED THE CITY AND SO DID SOME OTHER RESIDENTS OF THE WOODLANDS.

AND WE GOT BIG SIGNS, BANNER SIGNS POSTED TO LET THE COMMUNITY KNOW THAT THE MEETING ON OCTOBER 20TH, WAS CANCELED FROM THE DISPLAY ON OCTOBER 13TH.

I DON'T THINK IT'S IN THE CITY'S BEST INTEREST AND THAT YOU SHOULD SEEK ANOTHER CITY MANAGER.

THANK YOU FOR YOUR TIME.

THANK YOU VERY MUCH.

IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK ON THIS MATTER? SEEING THAT NO ONE ELSE WISHES TO SPEAK ON THIS MATTER.

THIS ITEM IS NOW CLOSED FOR PUBLIC COMMENTS, AND I SEE THAT COMMISSIONER BOLTON HAS HIS LIGHT LIT.

PLEASE PROCEED.

FIVE MINUTES! GOOD EVENING.

QUESTION FOR MS. GUNN, ARE YOU ABLE TO BENCHMARK THE TWO HUNDRED AND TWENTY FIVE THOUSAND DOLLARS THAT YOU'RE ASKING AS SALARY WITH OTHER CITIES AROUND US? I'M ABLE TO DO SO, AND I BELIEVE LORENZO CAN ALSO, IF NECESSARY AND MY ATTORNEY SO .

A POINT OF CLARIFICATION FOR THE CLERK.

YOU'RE STILL RUNNING MY TIME.

SO I'LL RECLAIM ABOUT 15 SECONDS.

WELL, AT THIS POINT, I'M NOT SURE IF MR. CALHOUN OR WHO WILL BE HANDLING THIS, THE ANSWER TO THIS QUESTION.

IF I MAY.

THAT'D BE GREAT.

THANK YOU.

IF I, IF I MAY, YOU KNOW, THERE'S THERE'S TWO SEPARATE BUT RELATED ISSUES HERE AS TO WHO SHOULD RESPOND.

THE QUESTION TO MS. GUNN AND TO HER ATTORNEY TO ANSWER COMMISSIONER BOLTON'S QUESTION.

AND TO THE EXTENT THAT THERE'S A NEED TO VERIFY THAT DATA FROM STAFF, THEN THE QUESTION WOULD BE PUT TO MR. CALHOUN, IN MY OPINION.

GOOD AFTERNOON, THANK YOU VERY MUCH FOR HEARING US THIS AFTERNOON.

I'M CARMEN RODRIGUEZ ON BEHALF OF MS. GUNN AND WE'VE SHARED WITH MY GOOD FRIEND LORENZO SOME OF THE INFORMATION THAT

[00:45:05]

WE'VE OBTAINED.

AND I'LL BE VERY HONEST WITH YOU, WHEN MS. GUNN CAME TO ME TO ASK FOR MY ASSISTANCE IN REVIEWING THESE ISSUES WHAT I WAS MOST IMPRESSED WITH WAS HER REQUEST.

WHICH WERE TO BE MODEST AND TO BE REASONABLE.

AND I LOOKED AT SURVEYS, QUITE FRANKLY, THAT WERE FAR MORE GENEROUS IN COMPARABLE CITIES, COMPARABLE MUNICIPALITIES.

AND WHAT SHE WANTED WAS A MODEST REQUEST AT A TIME TO ASSIST THE CITY TRANSITION THROUGH THE ISSUES AND FIND THE BEST WAY FORWARD.

SO WHERE ARE WE WITH THIS? WELL, FOR EXAMPLE, IF YOU LOOK AT A COMPARABLE CITY, WHICH WOULD BE COCONUT CREEK.

THAT AMOUNT IS 264 THOUSAND DOLLARS A YEAR.

VERSUS A REQUEST FOR 225.

WHEN YOU LOOK AT IT AND I BELIEVE MR. CALHOUN HAS DONE A COMPARABLE OF YOUR PREVIOUS CITY MANAGER OVER WHAT YOU WOULD BE PROVIDING TO MS. GUNN, AND THAT PROPOSAL IS ASTONISHING.

FIVE HUNDRED AND TWENTY THOUSAND DOLLARS.

VERSUS A TOTAL, INCLUDING BENEFITS, INCLUDING PENSION, INCLUDING EVERYTHING OF ALMOST TWO HUNDRED AND TWENTY FIVE THOUSAND LESS.

SO IT'S APPLES AND ORANGES HERE WHAT YOU HAVE FOR A WOMAN WITH 20 YEARS EXPERIENCE WITH A WOMAN WHO HAS ASSISTED IN MANAGING MUNICIPALITIES OF GREAT SIZE WITH GREAT EXPERIENCE AND SOMEONE FRANKLY WHO HEARD YOUR CALLING TO STEP UP TO HELP AND TO BE PART OF THIS GREAT ORGANIZATION.

THIS REQUEST IS MODEST, WE'RE HAPPY TO PROVIDE IT.

IT HAS BEEN PROVIDED AND MR. CALHOUN CAN SPEAK ON THIS NOW.

WE'VE PROVIDED ALL OF THE DATA, BUT WHEN YOU LOOK AT THE COMPARABLES, IF YOU'RE LEFT WITH ANY IMPRESSION.

YOU HAVE TO BE LEFT WITH THE IMPRESSION THAT THE REQUEST IS LOW AND MODEST.

YOU TALKED ABOUT MODEST AND YOU ALSO COMPARED THE FORMER CITY MANAGER'S AGREEMENT.

WHAT ARE SOME OF THE BENEFITS THAT THE FORMER CITY MANAGER HAD THAT MS. GUNN IS NOT ASKING FOR CONSIDERING? OH MY GOODNESS.

SO.

AND I'M GOING TO LEAVE THAT, I THINK THAT IS BETTER AN ISSUE FOR YOUR CITY ATTORNEY, YOUR CITY ATTORNEY AND I TOGETHER REVAMPED THAT ENTIRE AGREEMENT BECAUSE THERE WERE QUITE A FEW FINANCIAL SECURITY ISSUES THAT, YOU KNOW, THAT ARE EXCLUDED FROM FROM THIS CONTRACT.

YOU KNOW, I ACTUALLY WOULD, AND I'M NOT TRYING TO PASS THE BUCK HERE, BUT I, YOU KNOW, MR. CALHOUN IS PROBABLY BETTER SUITED TO TALK ABOUT THE WHAT WERE THE THE INCENTIVES FOR HOW ARE YOU? OK.

SO GOOD EVENING AGAIN, LORENZO CALHOUN, DIRECTOR OF HUMAN RESOURCES.

JUST A FEW.

BY WAY OF EXAMPLE, THERE WAS AN EMPLOYEE CONTRIBUTION PENSION CONTRIBUTION THAT WAS PROVIDED TO MR. CERNECH IN THE AMOUNT OF 29637 DOLLARS.

ALSO A CITY CONTRIBUTION BASED ON HIS SALARY OF APPROXIMATELY $94000, CALL IT $95000.

THE CONTRACT ALLOWED HIM TO SELL BACK VACATION AND SICK LEAVE TO THE AMOUNT OF $34890.

ALSO, HIS DEFERRED COMPENSATION WAS MAKE THAT MAXED OUT AT $27000.

AND FINALLY, JUST BY WAY OF EXAMPLE, HIS VEHICLE ALLOWANCE WAS HIGHER THAN THE VEHICLE ALLOWANCE THAT THE INTERIM CITY MANAGER CURRENTLY RECEIVES.

SHE RECEIVES CURRENTLY A CAR ALLOWANCE ON AN ANNUAL BASIS OF $7200, WHEREAS THE PREVIOUS CITY MANAGER RECEIVED A CAR ALLOWANCE OF $9600.

OKAY, AND CAN YOU SPEAK TO THE EXPERIENCE THAT MR. CERNECH HAD WITH THIS CITY? WAS IT TWENTY YEARS OR LESS? HE WAS JUST SHY OF 20 YEARS.

AND IF I MAY, COMMISSIONER BOLTON JUST TO SHED SOME LIGHT ON OUR DISCUSSION THIS EVENING, MR. CERNECH WAS PROMOTED INTO THE ROLE OF CITY MANAGER IN 2011, AND AT THAT TIME THAT COMMISSION OFFERED HIM A SALARY OF $202000.

SO IF YOU PUT IT IN PERSPECTIVE WITH INFLATION, THE SALARY THAT MS.

[00:50:02]

GUNN IS REQUESTING IS IS QUITE MODEST.

MS. GUNN IS NOT ASKING FOR THE $1 MILLION LIFE INSURANCE THAT MR. CERNECH HAD.

NO, SIR, NOT TO MY KNOWLEDGE.

OK.

AND HE'S NOT ASKING, SHE'S NOT ASKING FOR A PUBLIC OFFICIALS LIABILITY INSURANCE, I BELIEVE, AND I WOULD DEFER TO OUR CITY ATTORNEY.

SHE WOULD BE COVERED UNDER OUR INSURANCE THROUGH OUR RISK MANAGEMENT, BUT I WILL DEFER TO OUR CITY ATTORNEY FOR THAT ANSWER.

THAT IS CORRECT.

SO THEN THE AGREEMENT THAT MR. CERNECH HAD WOULD NOT BE AS MODEST AS THE ONE THAT MS. GUNN IS ASKING FOR.

IS THAT RIGHT? YEAH.

MS. GUNN'S IS CONSIDERABLY MORE MODEST AT OVER TWO HUNDRED THOUSAND DOLLARS, MORE MODEST ON A YEARLY BASIS.

OK, MADAM CLERK, TO LET THE RECORD SHOW THAT ON DECEMBER 11TH, 2019, WHEN THE CITY MANAGER'S AGREEMENT CAME TO THE CITY OF TAMARAC FOR OVER $500000, MAYOR GOMEZ VOTED YES.

COMMISSIONER BOLTON VOTED NO.

COMMISSIONER GELIN VOTED YES, COMMISSIONER FISHMAN VOTED YES AND COMMISSIONER PLACKO VOTED YES.

POINT OF INFORMATION, CAN YOU CLARIFY THAT, MADAM CLERK? RECLAIMING MY TIME.

I VOTED NO ON THAT, THAT WAS AN ERROR ON THE VOTING RECORD.

RECLAIMING MY TIME.

MADAM CLERK, THAT WAS AN ERROR ON COMMISSIONER GELIN'S PART.

IF I MAY, THROUGH THE CHAIR.

YES, THE IT WAS A SCRIBNER'S ERROR ON THE RESOLUTION IN WHICH GELIN VOTED NO.

THANK YOU SO MUCH.

SO THE MAYOR VOTED YES, COMMISSIONER FISHMAN VOTED YES, AND COMMISSIONER PLACKO VOTED YES.

ALL RIGHT.

WHY DOES THE CONTRACT DOES NOT? WHY DOES THE CONTRACT NOT HAVE AN EXPIRATION DATE? IS THAT TYPICAL OF CONTRACTS LIKE THIS? ATTORNEY YES, IF I MAY THROUGH THE CHAIR, THAT IS TO PROVIDE YOU WITH FLEXIBILITY.

THE INTENT HERE, AS I UNDERSTAND IT, IS THAT THIS IS EXACTLY WHAT IT'S CALLED AN ACTING CITY MANAGER.

AND I WOULD EXPECT, AND I HAVE DISCUSSED WITH EACH ONE OF YOU INDIVIDUALLY, THAT PART AND PARCEL OF THIS DISCUSSION IS NECESSARILY DIRECTING STAFF TO BE IN THE PROCESS OF WHATEVER IT MAY BE TO SEEK A PERMANENT INDIVIDUAL FOR THAT POSITION AND AT THAT POINT IN TIME.

CLEARLY, THIS THE INTENT IS THAT THIS AGREEMENT WOULD EXPIRE AT THAT POINT IN TIME.

IF YOU WISH FOR US TO PUT IN A SPECIFIC TERM IN LINE WITH HOW LONG YOU ALL THINK IT MAY TAKE YOU TO GO THROUGH THAT PROCESS.

WE CERTAINLY CAN DO SO.

BUT PART OF IT WAS TO GIVE YOU ALL SOME INHERENT FLEXIBILITY TO TERMINATE IT AND TO IMPLEMENT THE OTHER PROVISIONS OF THE AGREEMENT THAT WOULD GIVE MS. GUNN THE OPPORTUNITY TO GO BACK TO HER PRIOR POSITION WHEN THAT CAME TO PASS.

OK.

WE ARE PASSING THIS CONTRACT BY RESOLUTION.

IS THE EXHIBIT THE AGREEMENT THE ONLY EXHIBIT TO THAT RESOLUTION? I BELIEVE SO.

YES, SIR, I MEAN, IT DOES SAY THAT THE AGREEMENT IS ATTACHED AS EXHIBIT A..

IF THERE'S I, AM UNAWARE OF ANY OTHER PROVISION THAT WOULD NEED TO BE ADDED UNLESS.. THE REASON I ASK MR. ATTORNEY IS THAT DURING THE THROUGHOUT THE AGREEMENT, IT TALKS ABOUT DIFFERENT BENEFITS AND THAT'S THE STUFF.

BUT THERE'S NO EXHIBITS, FOR INSTANCE, THE NEW EMPLOYEE BENEFITS SUMMARY THAT THE AGREEMENT TALKS ABOUT AND IN THAT PIECE OF DOCUMENT HAS A SLEW OF BENEFITS THAT MS. GUNN WOULD RECEIVE BECAUSE THAT'S ALREADY IN PLACE, THAT'S ALREADY IN EFFECT.

OK.

HOWEVER, AGAIN, IF YOU ALL WISH, WE CAN ATTACH IT AS AN EXHIBIT B, THAT'S VERY EASY TO PUT...SO IT WILL BE COMFORTABLE IF THE AGREEMENT TALKS ABOUT DIFFERENT EXHIBITS TO ACTUALLY PUT THEM AS A PART OF EXHIBIT SO THAT WE ARE UNDERSTANDING WHAT WE'RE PASSING.

WE WILL MAKE THAT CHANGE.

WHAT IS THE DIFFERENCE BETWEEN THE JOB DESCRIPTION OF THE CITY MANAGER AND THAT OF A JOB DESCRIPTION OF AN ACTING CITY MANAGER? WHAT IS THERE ANY SUBSTANTIAL DIFFERENCE? NO, IT'S SET FORTH IN THE ACTING CITY MANAGER STEPS INTO THE SHOES OF THE CITY MANAGER FOR ALL INTENTS AND PURPOSES AND HAS THE RESPONSIBILITIES THAT ARE SET FORTH IN THE

[00:55:01]

CHARTER.

AND I BELIEVE A COPY OF THAT HAS BEEN PROVIDED.

I THINK IT'S SECTION FIVE POINT ZERO TWO OR ZERO THREE.

THANK YOU SO MUCH.

SUFFICIENT.

THE AGREEMENT IS RETROACTIVE TO AUGUST 31ST IS NOW THE PAY OF TWO HUNDRED AND TWENTY FIVE THOUSAND RETROACTIVE TO AUGUST 31ST.

YES, IT WOULD BE.

AND AS WRITTEN.

UNLESS YOU DIRECT US OTHERWISE.

WHAT IS THE BUDGET COST FOR ELECTRONIC EQUIPMENT THAT THE CONTRACT SPEAKS OF? THAT I WOULD HAVE TO DEFER TO EITHER MR. CALHOUN OR MS. CAJUSTE.

BUT IT WAS WITH WHATEVER IS ALREADY SET FORTH IN THE EXISTING BUDGET THAT HAS BEEN APPROVED BY THIS BODY FOR THE CITY MANAGER'S OFFICE.

I'D LIKE TO KNOW THE COST.

I WOULD HAVE TO DEFER TO OUR CHIEF FINANCIAL OFFICER, MS. CAJUSTE AT THIS POINT, AT THE ONLY ELECTRONIC COST I'M AWARE OF WOULD BE THE CELL PHONE ALLOWANCE, PROVIDED I DO KNOW THAT THE PREVIOUS CITY MANAGER DID HAVE A TABLET OF SOME SORT.

BEYOND THAT, I'M NOT AWARE OF ADDITIONAL COSTS.

I WHILE MS. CAJUSTE COMES, I ALSO, YOU KNOW, WE'VE WE PUT THAT IN THE SECTION 44 .

1 THAT IF ANY ADDITIONAL COMMUNICATION AND ELECTRONIC EQUIPMENT IS MUTUALLY DETERMINED BY THE CITY OR THE EMPLOYEE, THEN THE EMPLOYEE SHALL HAVE THOSE COSTS PAID.

SO WHAT ARE THOSE COSTS? WHAT ARE THE EQUIPMENT THAT WOULD BE PROVIDED TO HER? AT THIS POINT IN TIME? NONE.

THAT'S FORESEEABLE.

BUT IT WAS PUT IN THERE AS JUST IN CASE THE EXAMPLE THAT MR. CALHOUN MENTIONED BEFORE, A TABLET.

BUT YOU KNOW, IF MS. GUNN IS HERE, IT CAN REPRESENT THAT SHE HAS NO NEED FOR ANY ADDITIONAL...

IT'S JUST THAT IN THE CITY MANAGER'S AGREEMENT, THE PRIOR CITY MANAGER, HE ASKED FOR CELL PHONES AND PRINTERS AND LAPTOPS AND CAMERAS AND ALL THOSE GADGETS.

I'M WONDERING IF MS. GUNN WILL BE ASKING FOR THOSE SAME THINGS.

IT JUST SEEMS LIKE THE CONTRACT IS VAGUE AND DOES NOT PROVIDE FOR THOSE ITEMS LISTED, BUT IT GIVES A NARRATIVE THAT HER BUDGET IT COULD BE PROVIDED.

MS. CAJUSTE.

COMMISSIONER BOLTON, CHRISTINE CAJUSTE, DIRECTOR, FINANCIAL SERVICES IN THE BUDGET THAT WAS SUBMITTED FOR FY 2022, THERE WAS NO REQUEST FOR ADDITIONAL EQUIPMENT, SO I AM UNAWARE OF A REQUEST FOR ADDITIONAL EQUIPMENT PROVIDED TO MS. GUNN OVER AND ABOVE WHAT SHE'S ALREADY USING.

THANK YOU SO MUCH.

SECTION FIVE OF THE AGREEMENT FIVE POINT ONE, TALKS ABOUT REASONABLE COMPENSATORY TIME FOR MS. GUNN, DESCRIBE REASONABLE.

THAT IS SET FORTH IN THE THE EMPLOYEE BENEFITS.

SO IF THERE'S A CONVERSION TABLE, YOU KNOW, FOR EXECUTIVE STAFF, IF THEY PUT IN MORE THAN A CERTAIN NUMBER OF HOURS AND I DON'T KNOW THAT NUMBER OFF THE TOP, MY HEAD.

THERE.

NO, SIR, IT SAYS THAT IF MS. GUNN IS WORKING, SHE GETS A LOT OF PERSONAL DAYS THAT SHE CAN TAKE UNDER THE NEW EMPLOYEE BENEFITS.

SUMMARY HOWEVER, IT SAYS THAT SHE WORKS ODD HOURS AND THEN SO IN DURING THE DAY SHE CAN TAKE AS MANY HOURS AS SHE WANTS.

THAT IS WHAT THAT SECTION IS SAYING.

WITH ALL DUE RESPECT, IT DOES SAY CONSISTENT WITH THE CITY'S APPLICABLE POLICIES AND PROCEDURES.

SO IT'S ALL REFERS BACK TO WHATEVER YOUR CITY PROCEDURES ARE.

THOSE SAME COMPARABLES THAT YOUR CITY ATTORNEY WAS MAKING REFERENCE TO.

MOST OF THOSE PROVISIONS REFER BACK TO YOUR OWN POLICIES, YOUR OWN PROCEDURES AND YOUR OWN BUDGETS THAT HAVE BEEN APPROVED.

AND WHAT THAT MEANS, COMMISSIONER, IS THAT MOST OF THE THINGS HERE COME BACK TO BE IN YOUR HANDS, AND THAT WAS THE INTENT.

AND SECTION SIX DETERMINE WHAT REASONABLE IS.

I THINK IT'S IMPOSSIBLE TO DO THAT YOU CAN ALWAYS DIRECT HER NOT TO TRAVEL, BUT I THINK EVERY EXECUTIVE HAS SOME PROVISION THAT THEIR JOB WOULD REQUIRE SOME REASONABLE TRAVEL FOR A CONFERENCE FOR TO ATTEND AN EVENT TO ATTEND...

THE PREVIOUS THAT A MANAGER WENT TO HARVARD ON CITY'S DIME.

AND THIS AGREEMENT IS SAYING THAT MS. GUNN CAN GET COURSES PAID PER BUDGET.

WHAT IS THAT BUDGET MS.

[01:00:04]

CAJUSTE? COMMISSIONER BOLTON, I AM NOT ARMED WITH THAT INFORMATION CURRENTLY, BUT I CAN PROVIDE YOU WITH THAT INFORMATION.

SO WE EXPECT US TO PASS A AGREEMENT WITH COURSES AND TRAVEL, BUT YOU CANNOT GIVE US A DOLLAR AMOUNT.

I DON'T HAVE THE DOLLAR AMOUNT, BUT I DO KNOW THAT IN THE 2020 ...RECLAIMING MY TIME.

BUT I DO KNOW THAT WHEN WE CRAFTED THE 2020 BUDGET, IT WAS UNDER THE THE GUISE THAT COVID 19 WAS STILL HAPPENING.

SO OUR BUDGET FOR TRAVEL AND TRAINING WAS SIGNIFICANTLY SCALED BACK IN ALL DEPARTMENTS.

AND YOU WILL ALSO NOTICE COMMISSIONER THAT AT SIX POINT THREE, AGAIN, PUTTING ALL OF THIS BACK IN YOUR HANDS.

SIX POINT THREE SAYS...

I DID SEE THAT AND THAT IS MY NEXT QUESTION.

SIX POINT THREE TALKS ABOUT THE COMMISSION GIVING APPROVAL TO THOSE TIMES, AND MY NEXT QUESTION WOULD BE FORMALLY INFORMALLY BY MEMO IN AN EMAIL, POLLING THE COMMISSION OR COMING TO A WORKSHOP.

WHAT IS THAT? I CAN TELL YOU THAT AS MY INTENT OR IN WORKING ON THIS LANGUAGE, THAT MS. GUNN WOULD HAVE TO COME TO YOU BEFORE IN A PUBLIC MEETING AND INFORM YOU ALL AND RECEIVE YOUR CONSENT.

AND THAT'S IF YOU WISH.

BUT THAT IS HOW I INTERPRET IT, AND THAT'S HOW I WOULD APPLY IT.

CAN WE MAKE SURE THAT IT IS SPELLED OUT IN THE AGREEMENT BECAUSE THEN, YOU KNOW, MS. GUNN CAN ASK FOR APPROVAL JUST BY POLLING THE COMMISSION IN OUR OFFICE BY EMAIL.

RECLAIMING MY TIME.

COMMISSIONER BOLTON REPEAT THAT WE WILL PUT IN SECTION SIX POINT THREE APPROVAL THE CITY COMMISSION AT A PUBLIC HEARING AT A PUBLIC MEETING.

AN ITEM FOR DISCUSSION.

ASSUMING THERE'S.

SO WITHOUT ASKING A QUESTION, JUST ADDING CLARIFICATION, BECAUSE COMMISSIONER VICE MAYOR VILLALOBOS, I'M NOT ASKING A QUESTION.

SO I RECLAIM THAT TIME, VICE MAYOR VILLALOBOS ASKED FOR CLARIFICATION, MAYOR, AND WHAT WE'RE ASKING IS THAT MS. GUNN, IF SHE IS TRAVELING, EITHER COME TO A CITY COMMISSION MEETING TO ASK FOR THOSE TRAVEL OR CLARIFIED WHETHER IT SHOULD BE WHETHER SHE'D BE ASKING FOR THE TRAVEL TIME BY JUST POLLING THE CITY COMMISSION IN AN EMAIL OR VIA A MEMO.

SO.

THANK YOU FOR CLARIFYING.

THAT WOULD HAVE TO BE CLEARLY RECLAIMING MY EIGHT SECONDS.

YOU ALREADY HAD YOUR TIME.

RECLAIMING MY EIGHT SECONDS? OK, SO I HAVE A FEW MORE QUESTIONS, BUT IT SEEMS LIKE I'M OUT OF TIME, I LOOK FORWARD FOR MY THREE MINUTES AND WELCOME BACK HERBERT AND BARBARA.

ALL RIGHT.

OUR WHISTLES ARE DONE.

COMMISSIONER GELIN, YOU HAVE FIVE MINUTES.

SO JUST A FEW QUESTIONS FOR MS. GUNN.

YOU KNOW, WE DIDN'T REALLY HAVE A CHANCE TO WORK TOGETHER SINCE WE DEALT PRIMARILY WITH THE PRIOR CITY MANAGER, SO I JUST WANTED TO KNOW WHAT'S WHAT WERE SOME OF YOUR MOST SIGNIFICANT TASKS THAT YOU ACCOMPLISHED AS THE ASSISTANT CITY MANAGER? THANK YOU, COMMISSIONER GELIN.

I WAS CHIEFLY RESPONSIBLE FOR THE ECONOMIC DEVELOPMENT EFFORTS THAT WERE HAPPENING, WHICH I WORKED ALONGSIDE LAURIE FUNDERWHITE, THE REVAMPING OF STRATEGIC PLANNING, THE AGENDA EVERY TWO WEEKS, SETTING THE AGENDA, THE BUDGET, THE CAPITAL IMPROVEMENT PLAN PROJECTS.

THE DAY TO DAY OPERATIONS WHEN THE CITY MANAGER WAS OUT OF TOWN, EMERGENCY PREPAREDNESS AND EMERGENCY OPERATIONS, WHEN THERE WERE HURRICANES, THE PANDEMIC RELIEF GRANTS AND LEGISLATIVE AFFAIRS.

AND ANY NUMBER OF SPECIAL PROJECTS THAT WERE ASSIGNED TO ME BY THE CITY MANAGER, I ALSO INTERFACED WITH THE VICE PRESIDENT OF THE BROWARD COUNTY CITY MANAGERS ASSOCIATION, WHICH IS NOT AN OFFICIAL DUTY BUT CONNECTS ME WITH THE CITY MANAGERS THROUGHOUT THE COUNTY AND WAS VERY INSTRUMENTAL IN NEGOTIATING WITH THE COUNTY FOR FUNDING THAT WE RECEIVED FROM THE CARES ACT.

OK.

AND HAVE YOU APPLIED FOR THE ROLE OF A CITY MANAGER BEFORE? HAVE I APPLIED? I HAVE.

AND WHAT WOULD YOU SAY ARE YOUR TOP THREE ACCOMPLISHMENTS AS AN ASSISTANT CITY MANAGER? HERE IN THE CITY OF TAMARAC, I PRESUME.

RIGHT.

YOU CAN YOU CAN TALK ABOUT MIRAMAR, FORT LAUDERDALE.

WELL, HERE I WOULD SAY ONE OF THE BIG ACCOMPLISHMENTS WAS GETTING $3 MILLION FOR

[01:05:06]

THE CITY THROUGH THE CARES ACT THROUGH MY EFFORTS ALONGSIDE THE BCCMA.

THAT WAS A BIG ACHIEVEMENT.

I ALSO WAS INSTRUMENTAL IN BRINGING DEVELOPERS INTO THE COMMUNITY AND THE PROJECT THAT'S AT THE CORNER OF MCNAB AND PINE ISLAND THAT'S UNDER CONSTRUCTION RIGHT NOW, WHICH WILL BE A $30 MILLION PROJECT.

WE MET THE DEVELOPER THERE ON A BUS TOUR THAT I ORGANIZED IN ORDER TO FACILITATE REDEVELOPMENT HERE IN THE CITY, AND WE HAVE REVAMPED STRATEGIC PLANNING SINCE I'VE ARRIVED TO MAKE SURE THAT IT ALIGNS VERY CLOSELY WITH THE GOALS AND OBJECTIVES OF THE COMMISSION AND THAT WE CAN BENCHMARK AND MAKE SURE THAT WE ARE HITTING OUR MILESTONES.

AND ANOTHER THING THAT WE'VE WORKED VERY HARD ON IS POSITIONING THE CITY IN AN ECONOMIC DEVELOPMENT PERSPECTIVE, AND NATIONALLY WE'VE BEEN AT INTERNATIONAL COUNCIL OF SHOPPING CENTERS AND HAVE INCREASED THE PROFILE AND THE MARKETING EFFORTS OF THE CITY AND TO ENHANCE THE IMAGE.

AND THE OTHER THING I WOULD SAY IS YOU HEARD ON MONDAY FROM OUR SURVEY CONSULTANT ABOUT THE RESULTS THAT WE'VE HAD WHERE WE'VE GOTTEN HIGHER THAN EVER FEEDBACK FROM OUR RESIDENTS AND BUSINESSES THROUGH THE SURVEYS THAT WE CONDUCTED.

OK, THANK YOU.

AND I KNOW THE CITY MANAGER GAVE YOU SOME SPECIAL PROJECTS.

DID HE GET ASSIGNED THE PROJECT TO YOU ABOUT FINDING OUT WHO SENT THAT LEAKED MEMO TO THE SUN-SENTINEL? THAT WAS NOT A PROJECT THAT I WAS ASSIGNED.

OK, THANK YOU.

NOW JUST SOME QUESTIONS, MAYBE FOR THE ATTORNEY REGARDING THE CONTRACT.

SO I AGREE WITH COMMISSIONER BOLTON THAT THERE SHOULD BE AN EXPIRATION DATE IN THE CONTRACT, WHETHER IT'S 18 MONTHS FROM NOW OR WHATEVER, BECAUSE I THINK WITHOUT HAVING A TERMINATION CLAUSE, I MEAN A DATE, THEN WE KIND OF JUST GET LOST.

AND THE PRIOR CITY MANAGER DID HAVE AN EXPIRATION DATE OF OCTOBER, I BELIEVE OF TWENTY EIGHTEEN, AND THAT WAS CHANGED OR EXTENDED AGAINST MY WISHES.

BUT I THINK THAT SHOULD BE AMENDED.

SECTION THREE REGARDING THE SALARY, I'M OK WITH THE SALARY.

I HAVE SOME COMPENSATION DATA THAT WAS DONE FOR THE CITY OF OAKLAND PARK, WHERE THEIR CITY MANAGER MAKES 207, WEST END, 232, DEERFIELD BEACH, 200.

SO I'M OK WITH THAT.

I'M NOT OK WITH THE AUTOMATIC THREE PERCENT INCREASE.

THAT'S NOT COMMON IN A CITY MANAGER CONTRACT, I THINK, AND I HAVE THE CORAL SPRINGS CITY MANAGER CONTRACT IN FRONT OF ME, WHERE IT SAYS BASED UPON THE RESULTS OF THE CITY MANAGER'S ANNUAL EVALUATION, THE CITY COMMISSION SHALL GRANT A MERIT INCREASE AND OR OTHER BENEFITS IN ACCORDANCE WITH THE FOLLOWING PERFORMANCE EVALUATION EXCEEDS, MEETS OR BELOW EXPECTATIONS.

AND IT SAYS THE CITY SHALL UNDERTAKE A REVIEW AND EVALUATION OF THE CITY MANAGER.

THE CRITERIA SHOULD BE JOINTLY DEVELOPED BY THE CITY MANAGER AND CITY COMMISSION.

AND I THINK WE GOT LOST WITH THE LAST CITY MANAGER.

IF YOU GET AN AUTOMATIC INCREASE IN YOUR CONTRACT, THEN YOU DON'T NEED A PERFORMANCE REVIEW BECAUSE YOU'RE GOING TO GET THE INCREASE ANYWAY.

AND THIS CITY ALLOWED THE THE PRIOR CITY MANAGER TO NEVER HAVE A WRITTEN PERFORMANCE EVALUATION, WHICH WAS REQUIRED FOR HIS CONTRACT.

AND THE FORMER CITY ATTORNEY WAS IRRESPONSIBLE AND NOT MAKING SURE THAT WE AND I'M TALKING ABOUT SAM GOREN, THAT WE DID NOT DO OUR DUTY AND WRITE OUT A PERFORMANCE EVALUATION.

I'M OK WITH THE HOURS OF WORK, I UNDERSTAND THAT.

IN TERMS OF PROFESSIONAL DEVELOPMENT, I'M OK WITH THAT.

BUT I THINK A BUDGET SHOULD BE SET ASIDE, AND I WOULD LIKE TO REQUEST FROM THE FINANCE DIRECTOR, THE BUDGET OF THE CITY MANAGER'S TRAVEL FOR THE LAST THREE YEARS SO WE CAN GET A GOOD ESTIMATION.

BUT I LOOKED AT THE CITY OF SUNRISE CITY MANAGER CONTRACT AND THERE WAS A LIMIT TO THE TRAVEL OF THE BUDGETARY AMOUNT.

SO I DON'T HAVE IT WITH ME TODAY, BUT THAT'S SOMETHING THAT I CAN PROVIDE.

I'M OK WITH THE RETURN TO WORK RETURN TO THE FORMER POSITION, BUT I'M CURIOUS TO KNOW WHAT THE DOLLAR VALUE LOOKS LIKE BECAUSE THERE'S SOME DISCUSSION ABOUT PLUS THREE PERCENT, PLUS TWO PERCENT GOING BACK TO SEPTEMBER.

SO I WASN'T UNDERSTANDING THAT.

AND WITHOUT SEEING A TABLE WITH THE DOLLARS, I'M NOT SURE WHAT THAT NUMBER LOOKS LIKE.

I THINK SECTION 11 IS UNNECESSARY BECAUSE ANYONE CAN APPLY FOR THE ROLE OF CITY MANAGER, BUT I'M OK WITH LEAVING IT THERE IF EVERYONE ELSE IS.

AND IF OUR CITY ATTORNEY IN SECTION 12 WERE WAIVING THE TRIAL BY JURY, WHAT DOES THAT MEAN AND WHAT IS THE BENEFIT OF HAVING A JUDGE VERSUS A JURY? HISTORICALLY, IN NOT ONLY IN THIS JURISDICTION, BUT IN ALL OTHER JURISDICTIONS THAT I HAVE SERVED AS A CITY ATTORNEY, IT IS GENERALLY MY SUGGESTION AND MY ADVICE AND MY DIRECTION TO STAFF.

AND SO THE CONTRACTS THAT COME BEFORE YOU GENERALLY WILL HAVE AND AND THEY ALREADY DO HAVE PRIOR TO MY ARRIVAL HERE ARE VIRTUALLY ALL OF OUR CONTRACTS HAVE A WAIVER

[01:10:05]

OF JURY TRIAL BECAUSE OF THE UNCERTAINTY THAT YOU GENERALLY HAVE WITH RESPECT TO JURIES AS OPPOSED TO JUDGE.

JUDGE IN A PERFECT WORLD IS FOLLOWING THE LAW AND HEARING THE FACTS AND THEN APPLYING THOSE FACTS TO THE LAW WITH A JURY YOU RUN INTO.

YOU KNOW WHAT SOME PEOPLE CALL SOMETIMES JURY NULLIFICATION, WHERE THEY DECIDE ON THEIR OWN AND DISREGARD THE INSTRUCTIONS GIVEN TO THEM BY THE JUDGE ON WHAT THE STANDARD IS FOR COMING TO A DECISION ON WHATEVER THE MATTER IS BEFORE THEM.

SO AS A GENERAL RULE, IT IS MY SUGGESTION THAT YOU WAIVE THAT PROVISION.

BECAUSE OF THAT, IT GIVES, IN MY OPINION, MORE CERTAINTY TO ANY LITIGATION AS OPPOSED TO PUTTING IT IN THE HANDS OF POTENTIALLY A JURY THAT IS AN UNKNOWN QUANTITY.

OK.

AND I THINK CALLED CLAUSES TWELVE POINT FOUR, SIX AND 11 ARE VERY GOOD AND PROBABLY SHOULD HAVE BEEN IN THE LAST CITY MANAGER CONTRACT.

AND THEN AS I CLOSE, AGAIN LOOKING BACK AT THE CITY OF CORAL SPRINGS CITY ATTORNEY CONTRACT, IT CLEARLY OUTLINES THE PURPOSE OF THE CONTRACT AND I WOULD LIKE TO SEE SOME LANGUAGE LIKE THIS.

IT IS DESIRE OF THE CITY COMMISSION TO RETAIN THE SERVICES OF, IN OUR CASE AND ACTING CITY MANAGER AND TO PROVIDE INDUCEMENT FOR HIM OR HER.

AND ACTUALLY, OUR CITY CHARTER IS ONLY REFERENCING A HE.

SO MAYBE THAT SHOULD BE CHANGED THAT HE OR SHE BUT TO MAKE POSSIBLE FULL WORK PRODUCTIVITY BY ASSURING THE CITY MANAGER'S MORALE AND PEACE OF MIND WITH RESPECT TO FUTURE SECURITY.

TO PROVIDE A MEANS FOR TERMINATING CITY MANAGER SERVICES AT SUCH TIME THAT IT IS DEEMED EXPEDIENT TO DO SO BY DECISION OF EITHER OR BOTH PARTIES.

AND FINALLY, WHICH WE DID NOT DO WITH OUR LAST CONTRACT TO ACT AS A GUIDE TO ENSURE ACCOUNTABILITY AND ESTABLISH STANDARDS OF PERFORMANCE, WHICH WE DID NOT DO WITH THE LAST CITY MANAGER.

SO IT'S CLEARLY OUTLINED THE PURPOSE OF THIS AGREEMENT, AND I'D LIKE TO SEE SOME LANGUAGE LIKE THAT IN THE CONTRACT TO ENSURE THAT WE'RE FAIR ON BOTH SIDES OF THE AGREEMENT.

AND I'LL SUBMIT THIS ITEM TO THE CLERK FOR THE RECORD.

IF IT IS THE DIRECTION OF THIS BODY AT THE END OF THE DISCUSSION TO INCORPORATE SUCH A PROVISION WE WILL DO SO.

I DO NEED TO THE EXTENT THAT THERE IS A DESIRE BY A MAJORITY OF THIS BODY TO PUT IN A DATE.

WHAT IS THAT TIMEFRAME? BECAUSE TO THE POINT THAT I MADE EARLIER, MY MY VIEW OR MY OPINION IS IT SHOULDN'T BE FOR LONGER THAN A SIX OR EIGHT MONTH PERIOD BECAUSE THE DESIRE, I WOULD SUSPECT THAT THE DESIRE OF THIS COMMISSION IS TO BEGIN THE PROCESS OF LOOKING FOR A FULL TIME THE PERMANENT CITY MANAGER DURING THAT TIME FRAME.

SO IT TO THE POINT THAT YOU SAID IT KEEPS EVERYONE ON TRACK DURING THAT TIME PERIOD, KNOWING THAT EITHER THIS AGREEMENT MAY HAVE TO BE EXTENDED OR YOU HAVE TO COMPLETE THAT PROCESS BECAUSE THAT IS THE NEXT STEP IN THIS IN THE TOTALITY OF THIS PROCESS.

IN MY OPINION, HOW IT'S DONE IN OTHER CITIES THAT IN MY EXPERIENCES, SO YOU ALL TELL ME WHAT IS THE TIME FRAME THAT YOU WANT? WE WILL THEN...MAY I RESPOND TO THAT WITHOUT WITHOUT LOSING TIME? WE'LL GET THERE.

THAT'S FOR DISCUSSION.

THANK YOU.

CAN I RESPOND TO THAT WITHOUT LOSING TIME? NO.

OK, WELL, SO I'LL RESPOND.

THAT'S FINE.

THIS COMMISSION COULD LOOK VERY DIFFERENT.

IT'S AN ELECTION YEAR NEXT YEAR, AND I'M NOT SURE WE'D BE ABLE TO ATTRACT NATIONWIDE TALENT WHEN THEY KNOW THREE SEATS ARE UP FOR ELECTION.

THE COMMISSION COULD LOOK VERY DIFFERENT.

SO I WOULD BE COMFORTABLE, AND I THINK THIS ACTING CITY MANAGER WILL BE MORE COMFORTABLE IF IT EXTENDED BEYOND NEXT YEAR'S ELECTION.

SO A NEW CITY COMMISSION POTENTIALLY COULD BE THE SAME OR PLACKO COULD BE THE MAYOR WHO KNOWS OR VILLALOBOS COULD BE THE MAYOR WHO KNOWS.

BUT, BUT I THINK THE COMMISSION SHOULD CONSIDER THAT.

AND IF I IF I CAN ADD A POINT ON THIS ISSUE, THE ISSUE OF NO EXPIRATION DATE WAS ACTUALLY A POINT THAT CAME FROM YOUR ATTORNEY FOR YOUR PROTECTION BECAUSE IT GIVES YOU THE FLEXIBILITY TO NOT HAVE TO GO THROUGH TURMOIL.

YOU HAVE THE POSITION UNTIL YOU SO DEEM THAT YOU HAVE THE POSITION UNTIL YOU'RE READY TO DO SOMETHING ELSE WITH THE POSITION BY CONTRACT.

AND SO A DATE CERTAIN WITH ALL DUE RESPECT COULD POSE TO YOU A PERIOD OF UNCERTAINTY AND

[01:15:02]

A PERIOD OF RE-OPENING A CONTRACT DURING THAT TIME OF UNCERTAINTY, WHEREAS SOMETHING THAT YOU CAN BRING TO AN END WHENEVER IT'S THE APPROPRIATE TIME BASED ON YOUR JUDGMENT BASED ON HOW LONG THAT SEARCH MAY TAKE.

SO THIS IS A PROVISION THAT WAS NOT INSISTED TO BY US.

IT'S ACTUALLY AND I'M A DEFENSE ATTORNEY BY TRADE, SO I REPRESENT MUNICIPALITIES FOR A LIVING.

SO I UNDERSTOOD MR. HERON'S POSITION REASONABLY THAT SUCH A PROVISION OF NOT HAVING AN EXPIRATION WAS SOMETHING REASONABLE FOR THE CITY TO GUARANTEE CONTINUITY UNTIL SUCH TIME AS YOU WERE READY TO GO IN A DIFFERENT DIRECTION.

AND SO IT DIDN'T PUT ANY STOPWATCH ON YOU.

AND THAT WAS THE PURPOSE.

THANK YOU VERY MUCH.

COMMISSIONER PLACKO.

SORRY.

THANK YOU.

THERE'S A PROVISION IN HERE FOR MS. GUNN TO BE ABLE TO RETURN TO HER PRIOR POSITION, BUT IT DOESN'T SAY ANYTHING ABOUT AT THAT POINT, A REDUCTION IN PAY.

IT DOES, ACTUALLY.

THE ISSUE IS THAT COMES DOWN TO TWO PARTS, AND THE FIRST PART IS THAT IT IS A REVERSION TO--I'M SORRY, THE CLERK IS STILL RUNNING THE TIME--A REVERSION ABSENT ANY BAD ACT OR ANY GROUNDS FOR YOU TO TAKE IMMEDIATE ACTION ON HER EMPLOYMENT.

SO THE CONTRACT STILL GIVES YOU THAT OPTION THAT IF THERE IS A BAD ACT, IT'S SOMETHING THAT FALLS WITHIN THE LANGUAGE OF THE CONTRACT THAT THE REVERSION ISSUE WOULD NOT APPLY.

BUT ABSENT ALL THINGS BEING WELL AND YOU SIMPLY HAVING MADE A DECISION THAT YOU FOUND SOMEONE THAT YOU BELIEVE IS BETTER SUITED THAN KATHLEEN WOULD HAVE AN OPPORTUNITY TO SIMPLY GO BACK TO A JOB.

SHE WAS DOING WELL FOR THE CITY AND RETURN TO THAT POSITION WHEN SHE RETURNS.

YOU'LL SEE THAT IT SPELLED OUT THAT THE ONLY THING SHE WOULD BE ENTITLED TO WOULD BE WHATEVER HER--SHE WOULD GO BACK TO HER OLD JOB AT HER OLD RATE OF PAY, EXCEPT FOR WHATEVER PAY INCREASES WOULD HAVE BEEN DUE HAD SHE STAYED IN HER ORIGINAL JOB? THANK YOU.

THAT'S ALL.

OK.

I HAVE A PROBLEM WITH SEVEN POINT TWO.

SHOULD MS. GUNN DECIDE TO LEAVE, 30 CALENDAR DAYS, THAT'S NOT ENOUGH NOTICE FOR US.

SO, I WOULD LIKE THAT CHANGE TO A MINIMUM 90 DAYS.

MINIMUM.

I THINK MY COLLEAGUES HAVE COVERED MOST EVERYTHING ELSE.

THANK YOU.

VICE MAYOR.

THANK YOU.

ASIDE FROM THE PERFORMANCE SECTION THAT COMMISSIONER GELIN HAS REQUESTED, WHICH I THINK IS VERY GOOD, I THINK EVERYBODY THAT'S TRYING TO EARN AN INCREASE SHOULD BE PERFORMANCE-BASED.

SO THAT'S DEFINITELY SOMETHING THAT I WOULD LIKE TO SEE.

I'D ALSO LIKE TO SEE WHAT COMMISSIONER PLACKO JUST SAID ABOUT A 90 DAY TURNAROUND TIME IF MS. GUNN DECIDES TO LEAVE, BUT ALSO PERHAPS HAVE A MUTUAL UNDERSTANDING THAT WE WOULD ALSO GIVE A 90 DAY TERMINATION PERIOD.

WE ALL KNOW THAT WE HAVE HAD SOME HUGE INSTABILITY THIS YEAR WITH OUR CITY ATTORNEY WHICH WAS CHAOTIC, BUT ALSO WE HAVE HAD INSTABILITY IN OUR OWN OFFICE HAVING THREE ASSISTANCES JUST LEAVE IN ONE YEAR.

I DON'T UNDERSTAND WHY WE'RE EVEN TRYING TO ENTERTAIN HAVING TO SEARCH FOR A NEW CITY MANAGER WHEN WE HAVE A CITY MANAGER PRESENT THAT HAS SEEN THE CITY IN THE LAST FIVE YEARS HAS BEEN THROUGH THE WHOLE WORKS OF THE SITUATIONS THAT WE HAVE GONE THROUGH THIS YEAR HAS SEEN THE LAST COMMISSION AND I DON'T UNDERSTAND WHY WE CANNOT JUST PUT WHAT WE WANT TO SEE IN CONSENSUS WITH ALL OF US PUT THAT INTO THE CONTRACT AND MAKE MS. KATHLEEN GUNN, OUR CITY MANAGER.

I DON'T I DON'T SEE HOW SOMEONE NEW WILL BE DOING A BETTER JOB FOR US.

I JUST DON'T SEE IT.

WE DON'T HAVE INSTABILITY AND I THINK WE NEED TO START BRINGING THAT, ESPECIALLY AS THE FIVE OF US, AS THE LEADERS IN THIS COMMUNITY TO SHOW LEADERSHIP THROUGH THAT.

[01:20:05]

AND I THINK WE HAVE A GOOD TEAM WHEN IT COMES TO STAFF, WHEN IT COMES TO OUR CITY ATTORNEY AND OUR CITY MANAGER.

THAT'S ALL I WANTED TO ADD TO THAT.

AND VICE MAYOR, I WANT TO SAY THAT WE GREATLY APPRECIATE YOUR WORDS CALLING FOR EQUITY AND GOOD FAITH WITH REGARD TO AN EQUIVALENT 90 DAY PROVISION.

I THINK THAT SPEAKS VOLUMES AND I THINK WHEN YOU LOOK AT WHAT THE TOTALITY OF WHAT YOU WOULD OTHERWISE BE REQUESTING, YOU KNOW, THE THREE PERCENT WOULD BE A COST OF LIVING ADJUSTMENT.

SO YOU WOULD BE SAYING WE WOULDN'T EVEN GUARANTEE YOU A THREE PERCENT, BUT YOU CAN'T LEAVE FOR 90 DAYS.

AND SO THE ISSUE WOULD BE ONE OF AN EQUITABLE, GOOD FAITH GESTURE OF OF COMING TO THIS CONTRACT WITH THAT SENSE OF FAIRNESS AND EQUITY AND WANTING TO DO THE RIGHT THING BY AN EMPLOYEE WHO HAS REALLY STEPPED UP AND WHO YOU REQUIRE QUITE A BIT OF IN THE EXERCISE OF HER PERFORMANCE.

SO, VICE MAYOR, WE GREATLY APPRECIATE THOSE COMMENTS AND WE REQUEST THAT THEY RESOUND WITH THE FELLOW COMMISSIONERS.

WE THINK THAT PUTS A WONDERFUL, WONDERFUL TONE ON THE SPIRIT OF WHAT KATHLEEN WAS TRYING TO DO IN BRINGING A REASONABLE, FAIR CONTRACT, ALLOWING HER TO DO A GOOD JOB UNDER YOUR SUPERVISION, BUT ALSO HAVING A SENSE OF EQUITY AND FAIRNESS THAT ALLOWED HER TO FEEL THAT SHE WAS GOING TO BE IN A PLACE WHERE SHE WAS RESPECTED, SHE WAS VALUED AND SHE WAS APPRECIATED.

AND I THINK THAT IMPROVES EVERYONE'S PERFORMANCE.

THANK YOU.

THANK YOU.

COMMISSIONER GELIN, DO YOU WANT YOUR TWO MINUTES BEFORE I SPEAK? YOU HAVE YOUR LIGHT LIT.

YOU ALWAYS SAY WE HAVE TO WAIT FOR THE SECOND ROUND.

I KNOW, BUT USUALLY EVERYBODY GOES FIRST, SO DO YOU NEED TO SPEAK BEFORE I SPEAK? GO AHEAD.

I WAS JUST GOING TO RESPOND TO THE VICE MAYOR.

HE WAS ASKING HOW SOMEONE NEW WOULD BENEFIT THE CITY.

AND THE PROBLEM IS, THE CITY OF TAMARAC NEVER REALLY HAD A PROCESS.

SO THE CITY MANAGER, PRIOR TO MICHAEL CERNECH, LEFT IN A CLOUD OF CONTROVERSY.

THEN THE CITY MANAGER WAS ELEVATED.

THERE WAS NO PROCESS, NO EVALUATION OF TALENT, EITHER LOCALLY OR NATIONWIDE.

HE WAS ELEVATED.

HE LEAVES IN A CLOUD OF CONTROVERSY AND CRIMINAL CHARGES.

AND IT'S A NORMAL PROCESS FOR CITIES TO CONDUCT THE PROCESS, WHETHER THE SEARCH IS LOCAL OR NATIONAL, EVALUATE THE TALENT, AND IF WE HAVE THE BEST TALENT, WE SELECT THAT.

AND IF WE FIND SOMEONE ELSE IS DIFFERENT, THEN WE SELECT THAT PERSON IF THEY HAVE BETTER IDEAS AND THE BENEFIT OF HAVING NEW TALENT AND NEW IDEAS.

YOU KNOW, I WAS, YOU KNOW, PRETTY HAPPY WITH THE PRIOR CITY CLERK.

WE GOT A NEW CITY CLERK AND SHE BROUGHT NEW IDEAS AND A NEW AND A FASTER WAY FOR US TO FILE OUR CAMPAIGN REPORTS.

WE HAD A NEW CITY ATTORNEY AND HE CAME IN AND EMPOWERED THE COMMISSION TO BETTER UNDERSTAND THE PLANNING BOARD.

AND THEN EVEN WHEN WE HAD OUR OUR SUBSTITUTE ATTORNEY, HE IDENTIFIED THAT WE HAVE SOME FLAWS IN OUR CODE AS IT RELATES TO THE PLANNING DEPARTMENT.

SO A NEW PERSON BRINGS IN NEW IDEAS, NEW PERSPECTIVES, READS EVERYTHING WITH A FRESH PERSPECTIVE AND THEN EMPOWERS US TO REEVALUATE THINGS THAT HAVE BEEN GOING ON.

SO IN MY PERSPECTIVE, I DON'T WANT TO SEE THINGS GOING ON THE SAME WAY THEY HAVE BEEN GOING ON BECAUSE I DON'T THINK WE'VE BEEN DOING AS GREAT A JOB AS WE COULD HAVE BEEN.

REGARDING THE 90 DAYS, I THINK 30 DAYS IS FINE, 30-DAY NOTICE.

WE TERMINATED A CITY MANAGER IN NO TIME AND ELEVATED THE ACTING CITY MANAGER, AND THAT WOULD HAPPEN AGAIN IF THERE WAS A CHANGE.

AND THEN REGARDING THE THREE PERCENT, I DON'T THINK ANYONE MAKING OVER ONE HUNDRED AND TWENTY THOUSAND DOLLARS NEEDS THE COST OF LIVING INCREASE.

AND I DON'T THINK ANYONE MAKING OVER $200000 IS GOING TO BE IMPACTED BY A THREE PERCENT COST OF LIVING.

IF YOU'RE MAKING OVER $200000., YOU DON'T NEED A THREE PERCENT INCREASE.

AND MOST CITY MANAGER CONTRACTS, AND I'VE LOOKED THROUGHOUT THE COUNTY DO NOT HAVE A THREE PERCENT ESCALATOR, NOT AN AUTOMATIC ESCALATOR.

VICE MAYOR, YOUR LIGHT IS LIT.

SO, I BELIEVE THAT I THINK MOST OF THE ENTIRE STAFF GOES UP IN THE LADDER, I THINK MOST OF EVERYONE THAT WORKS IN CORPORATE AMERICA WANTS TO START FROM THE BOTTOM TO GO UP.

AND THAT OPPORTUNITY WHEN IT GETS PRESENTED ELEVATES EVERYBODY BECAUSE PUSHING BACK WOULD REQUIRE EVERY POSITION THAT WAS MOVED UP TO GO BACK DOWN.

AND I THINK THAT DEMORALIZES STAFF, IN MY OPINION.

[01:25:07]

I DON'T BELIEVE THAT MS. GUNN WILL DO AS WE USED TO DO.

I AM CERTAIN THAT THE ENTIRE STAFF OF TAMARAC, INCLUDING OUR ATTORNEY AND OUR MANAGER, UNDERSTANDS US AND HOW AGGRESSIVE WE ARE IN DOING THINGS AND HOW ACTIVE WE ARE THAT IT KEEPS THEM ON THEIR TOES.

I STRONGLY FEEL THAT STAFF IS ON THEIR TOES BECAUSE WE ARE ON OUR TOES AND THEY EXPECT WE EXPECT FROM THEM TO GO ABOVE AND BEYOND.

AND I BELIEVE THAT'S WHAT THEY'RE GOING TO BE DOING.

AND IF YOU'RE LISTENING TO ME, I EXPECT THAT FROM EVERYONE IN STAFF THAT'S HERE PRESENT AND WATCHING ONLINE.

THAT IS WHAT WE WANT.

THAT IS WHAT WE NEED.

OTHERWISE, THIS ISN'T THE PLACE FOR YOU.

AS FAR AS THAT, THREE PERCENT, YOU KNOW, I KNOW PEOPLE THAT MAKE HALF A MILLION DOLLARS A YEAR, THEIR LIFESTYLE REQUIRES THEM TO GET A RAISE.

WE ALL WANT TO RAISE.

I BELIEVE THE COMMISSION LAST YEAR BOOSTED THEIR RAISE, THEIR PAY SIGNIFICANTLY SO WAY BEYOND THREE PERCENT.

AND I'M SURE THAT IF IT'S ALLOWED, WE WOULD ALSO WANT THAT THREE PERCENT, WHETHER I'M MAKING THREE HUNDRED THOUSAND DOLLARS A YEAR AND I'M MAKING FIFTY THOUSAND DOLLARS FROM THE COMMISSION.

I WANT MY THREE PERCENT.

SO I DON'T THINK THAT BRINGS ANY RELEVANCE AS FAR AS COST OF LIVING WHEN IT'S ACTUALLY FIVE PERCENT FOR INFLATION.

THANK YOU.

SO, MR. CALHOUN, I BELIEVE YOU WERE HERE WHEN MS. GUNN WAS RECRUITED AND PART OF THAT PROCESS, WERE YOU NOT? I WAS.

CAN YOU PLEASE EXPLAIN IT TO THE COMMISSION WHO MAY NOT BE, WHO MAY NOT HAVE BEEN HERE AT THE TIME ON HOW MS. GUNN CAME TO BE ACTING OR ASSISTANT CITY MANAGER? AS YOU KNOW, I CAN'T HANDLE TITLES.

SORRY, PLEASE PROCEED.

[CHUCKLING] IN 2017, DIANE PHILLIPS, OUR FORMER ASSISTANT CITY MANAGER, RETIRED AND AT THAT TIME WE ENGAGED.

WHY DID YOU PUT IT BACK ON? THAT'S OKAY.

THANKS.

I PROMISE I WON'T BE FIVE MINUTES.

OKAY.

SHE AT THAT TIME, WE ENGAGED THE SERVICES.

ACTUALLY, MY PREDECESSOR ENGAGED THE SERVICES OF A NATIONAL FIRM TO CONDUCT A NATIONAL SEARCH FOR AN ASSISTANT CITY MANAGER.

AT THE TIME, WE RECEIVED THE PROFILES OF APPROXIMATELY 10 GREAT CANDIDATES.

MS. GUNN JUST HAPPENED TO BE LOCAL AT THAT TIME.

SHE WAS THE TOP CANDIDATE OUT OF THAT POOL AND AT THE TIME, I CAN HONESTLY STAND HERE AND TELL YOU THAT THE PRIOR CITY MANAGER MYSELF PERSUADED HER TO COME OVER TO THE CITY OF TAMARAC AND WHAT A GREAT CITY THIS WAS TO WORK FOR, AND SHE'S BEEN HERE APPROXIMATELY FIVE YEARS.

I'M SORRY, RAISE YOUR HAND AGAIN, HOW MANY YEARS? FOUR, SHE'S COMING CLOSE TO FIVE; I SAID APPROXIMATELY.

BUT SO PROCESS WAS IN PLACE.

A PROCEDURE WAS IN PLACE, AND PART OF THAT PROCEDURE INVOLVED TWO PANELS.

SHE WAS INTERVIEWED BY THE PRIOR CITY MANAGER, THE ASSISTANT ASSISTANT CITY MANAGER, THE FORMER HR DIRECTOR, MYSELF, MEMBERS OF THE EXECUTIVE TEAM.

THEN SHE MET AGAIN, ONE ON ONE WITH MR. CERNECH AND AGAIN WITH MR. CERNECH AND I FOR A FINAL INTERVIEW.

YOU'RE WELCOME.

THANK YOU.

ONE SMALL HOUSEKEEPING ITEM, TWELVE POINT TWELVE, IS MISSING.

IF I'M HEARING THE VICE MAYOR CORRECTLY, THIS IS A REQUEST TO MAKE THIS A PERMANENT CONTRACT FOR MS. GUNN AS OUR CITY MANAGER.

I WOULD BE IN SUPPORT OF THAT.

THE CITY HAS HAD ENOUGH TURMOIL AND AS COMMISSIONER GELIN HAS MADE A COMMENT AS THIS SHOULD BE LEFT FOR THE NEXT COMMISSION, THEN MAYBE AT THE TIME THAT COMMISSION COULD THEN DEAL WITH CONSIDER IT AT THAT TIME IF THEY WANTED TO CHANGE OR ACTUALLY AT THAT TIME, MS. GUNN MAY SAY I'M OUT OF HERE.

SO BUT THAT WOULD BE LEFT UP TO ANOTHER COMMISSION VERSUS US, OR IT MAY STILL ALL BE US ANYWAY.

SO WHO KNOWS? BUT I WOULD BE IN SUPPORT OF CONVERTING THIS INTO A FULL CONTRACT, AND IF WE NEEDED TO DO DATES OF 18 MONTHS OR TWO YEARS AND THEN DO EXTENSIONS FROM THERE, IF THAT IS THE WILL OF THE COMMISSION, I DO THINK RECIPROCAL ITEMS ARE BEST IN A CONTRACT IN ORDER FOR THERE NOT TO BE MORE CHALLENGES IN THE LAW.

WHEN YOU ONLY HAVE ONE PERSON SAYING 30 DAYS, BUT THERE'S NO RECIPROCATION ON IT, IT COULD BE A CHALLENGE IN THE COURTS.

SO I PERSONALLY WOULD AGREE TO A 90 DAY BOTH SIDES ON TERMINATION UNLESS OF COURSE, IT'S A TERMINATION FOR CAUSE [INAUDIBLE] OUTLINED.

I WOULD ALSO SAY THAT TO ASK MS.

[01:30:02]

GUNN, THE CITY MANAGER OR ANYBODY OF OUR EXECUTIVE TEAM TO COME BEFORE US AND ASK US PERMISSION FOR WHERE THEY NEED TO GO TO IN ORDER TO RUN THIS CITY, I THINK IS INAPPROPRIATE.

THESE ARE HIGH EXECUTIVES THAT DON'T NEED OUR PERMISSION OF WHERE TO GO.

WE, AS A COMMISSION DON'T ASK FOR PERMISSION ON WHERE TO GO.

WE HAVE A BUDGET.

WE MAKE SURE IT'S IN LINE WITH CITY POLICY AND THAT IS THE SAME FOR OUR EXECUTIVE TEAM.

SO I AM NOT FOR HAVING MS. GUNN TELL US, GET OUR APPROVAL.

I SEE THAT SHE WILL LET US KNOW 30 DAYS IN ADVANCE UNLESS IT'S NOT APPLICABLE FOR SOME EMERGENT REASON OF WHERE SHE WOULD BE GOING AT A SIX THREE SIX POINT THREE.

I DID HEAR SOME OF WHAT COMMISSIONER GELIN WAS SAYING, AND I UNDERSTAND WHAT YOUR PURPOSE FOR IT, BUT I HAVE TO SAY I'D LIKE TO READ IT BECAUSE IT WAS A LITTLE TOO HARD TO CATCH ALL OF WHAT YOU WERE SAYING OF WHAT YOU'RE ASKING TO BE INTEGRATED IN SOME KIND OF SENSE FOR PERFORMANCE EVALUATION.

SO I HAVE NO PROBLEM WITH THAT.

BUT I REALLY WOULD LIKE TO READ IT BEFORE I AGREE TO SOMETHING FURTHER AS FAR AS THREE PERCENT RAISE.

THIS COMMISSION DID AUTOMATICALLY PUT IN A THREE PERCENT RAISE AND IT WAS STANDARD AND IT WAS WHAT WAS DISCUSSED BY THIS COMMISSION WHEN THE COMMISSION DID GIVE ITSELF A RAISE.

AND THEREFORE I AGREE.

IF OUR STANDARD EMPLOYEE CONTRACTS ALL RECEIVE THREE PERCENT, THEN THIS SHOULD BE ABSOLUTELY NO DIFFERENT.

AND THEN AS FOR THE BONUSES, THAT IS SOMETHING THAT WE REVIEW, AND I THINK IT'S.

.. ANYWAY, THAT'S MY OPINION.

SO I THINK I'VE CAPPED TO WHAT MOST OF OUR COMMISSION HAS ASKED FOR FOUR ITEMS OF DISCUSSION.

THANK YOU.

I HAVE NO PROBLEM WITH THE RECIPROCAL 90 DAYS FROM BOTH ENDS.

SIR? IF IF I MAY SUGGEST WHEN YOU ALL ARE FINISHED WITH YOUR COMMENTS, I'VE MADE NOTES OF OF THE THINGS THAT HAVE BEEN DISCUSSED.

AND IF I CAN OR WHAT I PREFER SO WE CAN GO THROUGH THOSE NOTES AND MAKE SURE THAT THEY'RE CONSISTENT WITH YOUR RECOLLECTION AND YOUR NOTES THAT OF MS. RODRIGUEZ AS WE'VE BEEN GOING ALONG AND THEN YOU ALL CAN SAY YES OR NO TO EACH ONE.

AND THEN ULTIMATELY THAT WOULD BE THE DIRECTION GIVEN TO ME AND TO STAFF AND TO MS. GUNN TO BRING BACK THE DOCUMENT AS YOU'VE DIRECTED US TO CHANGE.

RIGHT, I HAVE THOSE LISTED.

I HAVE NO PROBLEM DEFERRING IT TO YOU FOR YOU TO HANDLE COMMISSIONER PLACKO HAS HER SECOND ROUND IF SHE WISHES FOR HER TWO MINUTES.

COMMISSIONER BOLTON HAS HER HIS TWO MINUTES AS WELL AND I TOO HAVE MINE.

IF I SHOULD NEED.

NO, TWO.

NO, NO, NO, NO.

OH, YOUR HAIR? MINE'S ACTUALLY LONGER THAN YOURS NOW.

I GREW IT BACK.

[CHUCKLING] ALL RIGHT.

ARE YOU ALL DONE? ANYWAY, GO AHEAD, COMMISSIONER PLACKO YOUR TWO MINUTES.

THANK YOU.

AS FAR AS A LONG TERM DATE ON THE CONTRACT, I THINK THAT PROBABLY IS A VERY GOOD IDEA.

AT THAT POINT, I WILL TELL YOU, MS. GUNN IS UP TO ANY CHALLENGE AND ONE OF THE THINGS THAT IF ALL OF YOU, I DON'T BELIEVE, SAW WHEN WE INITIALLY APPOINTED MS. GUNN TO THIS TEMPORARY POSITION OR TEMPORARY CITY MANAGER WHEN SHE WALKED OUT OF HERE, EVERY SINGLE STAFF MEMBER OF HERS SURROUNDED HER WITH HUGS THAT SAYS SOMETHING THAT SAID A GREAT DEAL TO ME THAT'S THE WAY HER STAFF FELT ABOUT HER, AND THAT SHOWS THAT THEY WILL WORK THEIR BUTTS OFF FOR HER.

IN TURN, THAT WORKS FOR US.

SO THANK YOU TO THE STAFF FOR THAT SUPPORT FOR MS. GUNN AND I KNOW IT WILL CONTINUE AND YOU'RE UP FOR THE CHALLENGE.

SO GET READY.

THANK YOU, COMMISSIONER PLACKO.

COMMISSIONER BOLTON YOUR TWO MINUTES.

MY TWO AND A HALF MINUTES--TWO MINUTES.

THIS ISN'T TWO AND A HALF MEN.

GO AHEAD, TWO MINUTES.

MAKE NO MISTAKE, I LOVE MS. GUNN.

AS A MATTER OF FACT, WE HAVE A VERY PRIVATE CONVERSATIONS, AND IN THOSE CONVERSATIONS, WE'RE VERY DIRECT WITH EACH OTHER.

AND I THINK SHE APPRECIATES MY DIRECTNESS AND I APPRECIATE HER DIRECTNESS AS WELL.

AND SO, YOU KNOW, THIS WHOLE CONTRACT BOTHERS ME, NOT MS. GUNN.

THE CONTRACT BOTHERS ME BECAUSE IT HAS SOME FINANCIAL IMPLICATIONS.

SO IF MS. GUNN, IF WE LOOK FOR ANOTHER CITY MANAGER AND THEN THAT NEW MANAGER COMES IN MS. GUNN REVERTS TO HER OLD POSITION AND THEN WHAT HAPPENS TO THE OTHER ASSISTANTS? THEY REVERT TO THEIR OTHER POSITIONS.

AND SO THEN IF THAT NEW CITY MANAGER FIRES MS. GUNN, THEN WE HAVE TO PAY HER FIVE MONTHS SEVERANCE AND THEN THOSE.

THAT IS FINANCIAL IMPLICATIONS TO THE CITY.

[01:35:01]

I JUST THINK THAT IS WAY OVERBOARD AND THAT IS NOT IN THE BEST INTEREST OF THE CITY.

SO I DEFINITELY AGREE WITH THE MAYOR.

OH MY GOD, DID I JUST SAY THAT? [CHUCKLING] MS. GUNN SHOULD BE PERHAPS THE PERMANENT CITY MANAGER WITH SOME TERMS, YOU KNOW, MAYBE A YEAR OR TWO AND THEN WE MOVE FROM THERE.

I THINK SHE'S WELL QUALIFIED.

SHE'S EXPERIENCED AND I JUST LOVE HER ATTITUDE.

IT'S BETTER THAN THE PREVIOUS ONE, AND I'M JUST LOOKING FORWARD TO JUST THE BREATH OF FRESH AIR.

THERE'S SO MANY OTHER THINGS THAT I HAVE TO SAY, BUT THE TIME IS GOING, SO I CAN'T REALLY SAY THOSE THINGS.

MS. GUNN, I WOULD SUGGEST THAT WE JUST TABLE THIS AGREEMENT, GO BACK AT ALL OF THE TERMS THAT WE WANT TO ADD.

TAKE OUT THE ACTING CITY MANAGER STUFF, MAKE IT PERMANENT, COME BACK TO THE CITY COMMISSION WITH A FULL, ROBUST AGREEMENT AND NAME HER AS OUR CITY MANAGER ALREADY.

I DID LET HIM GO OVER FOR THAT.

I THOUGHT IT WAS WORTH IT.

SO, YES, AS COMMISSIONER PLACKO HAS JUST MADE A REALLY GOOD POINT, NOBODY HAS ASKED THE INTERIM CITY MANAGER--YES, I AM READING THAT, SO I GET IT RIGHT--IF YOU HAVE THE DESIRE FOR US TO DO THAT AND IF SO, THEN I BELIEVE WE HAVE TO DO THIS IN A MOTION.

OR DO WE JUST ASK YOU AS A CONSENSUS? WHAT WOULD YOU LIKE, CITY ATTORNEY? WELL, I WOULD LIKE TO GO THROUGH THE DIFFERENT ISSUES THAT HAVE BEEN IDENTIFIED, WHICH, BY THE WAY, MY FIRST COMMENT AT THE TOP OF THE DOCUMENT IS PERMANENT QUESTION MARK.

AND WE WOULD THEN, YOU KNOW, DO THAT.

AND THEN IN ACCORDANCE WITH A RESOLUTION, WE WILL THEN MODIFY IT TO SAY THAT ASSUMING THE CONSENSUS OR THE DIRECTION IS TO PUT IN PERMANENT, THAT THE RESOLUTION THAT YOU WOULD ADOPT THAT WE WOULD BRING BACK WOULD REFLECT HER APPOINTMENT AS THE PERMANENT CITY MANAGER.

NOT AS THE ACTING CITY MANAGER.

I'M GOING TO PUT YOU ON HOLD FOR A SECOND, PLEASE AND GO BACK TO ASKING MS. GUNN TO ANSWER HER QUESTION FIRST TO SAY, ARE YOU EVEN INTERESTED BEFORE WE GO DOWN THIS LINE? I'M INTERESTED.

I'D LIKE TO SPEAK TO MY ATTORNEY JUST TO SPEAK TO HER, BUT I AM INTERESTED.

OK, SO BASICALLY THROUGH YOUR ATTORNEY, AT THIS POINT IN TIME, YOU'VE HEARD HOW THE CITY ATTORNEY WOULD LIKE TO HANDLE THINGS.

ARE YOU OK WITH US HAVING CONTINUE OUR DISCUSSION FOR YOU TO KNOW SOME OF THE PARAMETERS FOR YOU TO GO BACK AND THEN CONTINUE YOUR CONVERSATION WITH MR. HERIN? YES, I THINK IT MAKES SENSE IF WE GO THROUGH THE LIST OF ISSUES THAT YOU'VE REQUESTED.

HE AND I WILL WORK TOGETHER AND BRING YOU WHAT YOU'VE REQUESTED AND HAVE MS. GUNN ASSUME HER POSITION.

SOUNDS GOOD.

MOTION TO TABLE.

SECOND.

I NEED TO MAKE SURE WHAT IT IS THAT YOU ALL WANT ME TO WORK ON BETWEEN NOW AND WHEN WE BRING IT BACK TO YOU.

SO UNLESS YOU WANT ME TO JUST GO OFF MY NOTES, IT APPEARS THAT THERE'S A MOTION TO TABLE.

AND THEREFORE, AS WE KNOW, THERE IS NO DISCUSSION.

SO WE HAVE TO DO A VOTE BEFORE I CAN GIVE YOU THAT ANSWER, OR WE CAN GIVE YOU THAT ANSWER.

SO, CITY CLERK, PLEASE CALL THE ROLL.

MAYOR GOMEZ NO.

COMMISSIONER GELIN.

NO VICE MAYOR VILLALOBOS, NO.

COMMISSIONER PLACKO, WHETHER THE TABLE OR NOT.

BASED ON WHAT I JUST HEARD COUNCIL SAY, THEN I'LL SAY NO AS WELL, AND I'M GOING TO ASK FOR CLARIFICATION TOO.

I THOUGHT WE WERE TABLING THIS WHOLE THING.

COME BACK WITH A ROBUST AGREEMENT WITH THE SUGGESTIONS OF THE CITY ATTORNEY AND MAKE MS. GUNN, THE CITY MANAGER.

ISN'T THAT WHAT WE WANT? WE'RE NOT SUPPOSED TO HAVE DISCUSSION AT THIS POINT.

I WITHDRAW MY MOTION.

OK.

SO BASICALLY, WHAT THE CITY ATTORNEY HAS REQUESTED OF US IS TO GO THROUGH.

THERE'S ABOUT SIX POINTS THAT WE HAVE BROUGHT UP.

MAKE SURE THAT LINE ITEM, EACH OF THEM OF WHAT WE SAY AS A COMMISSION.

SO THEN HE CAN GO BACK AND CONTINUE THE CONVERSATION WITH MS. RODRIGUEZ AND THEN BE ABLE TO BRING US BACK SOMETHING BECAUSE WE HAVE TO HAVE CONSENSUS SO HE CAN DO THAT.

ALL RIGHT.

I MISUNDERSTOOD.

UNDERSTOOD, MS. TECHNICAL MAYOR.

I MISSED ONE OF THE WORDS IN THERE, BUT THAT'S PROBABLY FINE.

BACK TO SQUARE ONE.

ALL RIGHT, GO AHEAD, CITY ATTORNEY; I'M GOING TO HAND IT TO YOU.

SO THE FIRST ITEM IS TO BRING BACK THE AGREEMENT TO DESIGNATE AND APPOINT MS. GUNN AS THE PERMANENT CITY MANAGER.

[01:40:04]

BECAUSE IF YOU SAY YES TO THAT, IT MAKES A WHOLE LOT OF THE OTHER CONVERSATIONS A BIT EASIER.

SO AT THIS POINT IN TIME, I BELIEVE CONVERSATION HAS BEEN HAD.

DO I NEED A MOTION FOR EACH CONSENSUS? I THINK THAT IF YOU SAY YES, THEN WE CAN MAKE A GLOBAL MOTION AT THE END.

OK, SO WE'RE DOING CONSENSUS FOR THIS.

OK, SO PERMANENT.

BUT YOU WANT US TO DO THIS ON A CONSENSUS BASIS? YES, I NEED YOU ALL TO TELL ME THAT'S WHAT YOU WANT ME TO DO.

ALL RIGHT, CITY CLERK, PLEASE CALL THE ROLL FOR CONSENSUS.

THANK YOU.

MOTION PASSES FOUR TO ONE.

THE NEXT ISSUE--IT WASN'T THE MOTION; IT WAS JUST CONSENSUS--IS TO ADD IN LANGUAGE SIMILAR TO THAT.

COMMISSIONER GELIN ASKED OR READ FROM THE CORAL SPRINGS MANAGER'S CONTRACT ABOUT PURPOSE AND INTENT.

THAT GIVES SOME PARAMETERS TO WHAT ARE ADDITIONAL EXPECTATIONS THAT THIS COMMISSION EXPECTS OF MS. GUNN.

ON THAT PARTICULAR ITEM, THE ONLY PERSON ON THIS DAIS WHO HAS HAD THE OPPORTUNITY TO READ IT IS COMMISSIONER GELIN.

WELL, YOU ALL SO IT'S BASICALLY WE'RE GOING TO JUST GIVE CONSENSUS ON WHETHER OR NOT THAT WE WANT SOME PERFORMANCE STANDARDS IN? CORRECT.

OK.

THEN, THAT'S REALLY WHAT WE'RE VOTING ON.

NOT ONLY DID AND I HAVE A SEPARATE NOTE SPECIFICALLY ABOUT PERFORMANCE EVALUATION, BUT THERE WAS ALSO SOME WHAT I WOULD CALL SOME ASPIRATIONAL LANGUAGE IN THE LANGUAGE THAT COMMISSIONER GELIN READ THAT WOULD PROBABLY GO IN THE WAREHOUSE CLAUSES OR AN INITIAL PARAGRAPH ONE OR SECTION ONE, INTENT.

OK, ON THAT, CITY CLERK, PLEASE CALL THE ROLL FOR CONSENSUS.

YOU HAVE CONSENSUS.

THANK YOU.

THE NEXT PROVISION GO SOMEWHAT HAND IN HAND, WHICH IS THE TERM OF HOW MANY MONTHS AND THE CORRESPONDING 90 DAY MUTUAL TERMINATION PROVISION.

CAN WE JUST MAKE IT AFTER THE ELECTION? WELL, I MEAN, I DON'T KNOW THAT OFF THE TOP, MY HEAD.

WHAT IS TWO YEARS FROM NOW? 2024.

IT'S ANOTHER ELECTION.

DO IT TO THE END OF FISCAL YEAR SEPTEMBER 31ST OF 2023.

THAT WOULD BE TWO YEARS, ESSENTIALLY FROM NOW, A LITTLE BIT LESS, BUT IT WOULD COINCIDE WITH THE END OF THE FISCAL YEAR.

OR WOULD IT BE, WHAT IS THE NORMAL CONTRACTS THAT YOU HAVE BEEN READING, RIGHT, YOU'VE BEEN LOOKING AT OTHER MANAGERS POSITIONS AND THEIR TERMS. WHAT IS A NORMAL TERM? BECAUSE ALSO IT IS AN AT-WILL TYPE SITUATION.

SO AT ANY TIME--I'VE GENERALLY SEEN EITHER ONE, TWO OR THREE YEAR TERMS. OK, I THOUGHT I SAW MORE LIKE FIVE YEAR TERMS WITH RENEWALS OF FIVE YEAR TERMS, THREE YEAR TERMS. YOU CAN HAVE RENEWAL PROVISIONS, YOU KNOW, AN INITIAL TERM OF, LET'S SAY, TWO YEARS OR THREE YEARS WITH TWO ADDITIONAL RENEWAL PERIODS FOR TWO YEARS, BUT IT'S UP TO YOU ALL.

OK, SO WITH THIS COMMISSION, BE AMENABLE TO LETTING THE ATTORNEYS DISCUSS THIS WITH THE CLIENT AND FIGURING OUT A TERM OBVIOUSLY MORE THAN TWO YEARS MINIMUM AND FIGURING IT OUT FROM THERE ON HOW YOU WANT TO, I THINK WE SHOULD DECIDE THAT.

OK, WELL THEN--I AGREE WITH THAT.

THAT'S FINE.

SO, VICE MAYOR, ACTUALLY, YOU'RE THE ONLY LIGHT THAT I SEE, SO GO AHEAD AND TELL ME WHAT TIME.

I WOULD JUST SAY AFTER JUST TWO YEARS, JUST FINE.

A TWO YEAR TERM? YEAH.

ANY RENEWALS OR? I WOULD SAY JUST RENEW FOR ONE PERIOD OF TWO YEARS, EVERY TWO YEARS.

OKAY, SO ON THE TABLE RIGHT NOW WE HAVE A TWO YEAR TERM WITH A ONE TERM RENEWAL OPTION FOR TWO YEARS.

COMMISSIONER BOLTON GO AHEAD.

I WOULD SAY 15 MONTHS.

IS THAT 15 OR 50? I COULDN'T HEAR YOU WELL, SO I'M ASKING YOU.

15 MONTHS, SO THAT'S ONE YEAR AND THREE MONTHS.

[01:45:01]

OK, SO ON THE TABLE, WE HAVE TWO YEARS OVER THE TWO YEAR OPTION AND 15 MONTHS.

ANYBODY ELSE WANT TO THROW OUT A TIME FRAME? COMMISSIONER GELIN YOUR LIGHT IS LIT.

YOUR LIGHT'S ON LIT COMMISSIONER PLACKO.

WELL, I WOULD GO WITH TWO YEARS WITH AN OPTION FOR A TWO YEAR RENEWAL, KNOWING THAT IN 15 MONTHS, IF THE COMMISSION IS NOT HAPPY OR IF THE CITY MANAGER IS NOT HAPPY, THEN TERMINATION CAN THEN BE DONE THROUGH CONTRACT, WHICH IS WHAT WE DO IN AT-WILL STATE.

SO I WILL ASK FOR A CONSENSUS.

THERE'S TWO PEOPLE THAT HAVE SAID THAT.

POINT OF CLARIFICATION.

DOES AT-WILL STATE LAW GOVERN CONTRACTS? IT SEEMS LIKE THIS IS CONTRACT LAW VERSUS--NO CONTRACT LAW WOULD GOVERN THE AGREEMENT BETWEEN THE PARTIES WOULD GOVERN, AND SO THEREFORE YOU WOULD PUT IN A TERMINATION PROVISION THE TO THE EXTENT THAT AND WE'LL GET TO THIS AS ONE OF THE THINGS WE'LL NEED DIRECTION ON TO THE EXTENT THAT THERE'S ANY PROVISION FOR PAYMENT OF SEVERANCE FOR TERMINATION FOR NO CAUSE, THAT'S LIMITED BY STATE LAW TO NO MORE THAN 20 WEEKS AT WHATEVER THE PAY SCALE IS AT THE TIME.

AND SO THAT WOULD BE THE INHERENT LIMITATION IN SUCH A PROVISION, BUT THAT IS GENERALLY THEN PUT INTO THIS TYPE OF CONTRACT, ALONG WITH SOMETHING THAT WE WORKED VERY HARD ON AND HAD A LOT OF POLITE DISAGREEMENTS OVER, IS THE FOR COST PROVISION THAT WOULD STAY IN.

ALL RIGHT, SO TO PUT THIS IN CONTEXT, UNDERSTANDING WHAT IS ALREADY IN THE AGREEMENT WITH DRAFTED BY YOU AND THE MS. GUNN'S ATTORNEY, IF THERE IS ANY TIME WHERE MS. GUNN IS TERMINATED BEFORE X TIME, OR LET'S SAY SHE'S TERMINATED SIX MONTHS AFTER SHE GOES INTO A NEW POSITION, I THINK I READ THAT IN THE AGREEMENT.

THEN WE PAY HER FIVE YEARS, FIVE MONTHS SEVERANCE.

SO, THE REASON THEN BEHIND 15 MONTHS IS THAT IT IS CLOSER TO THE TIME AFTER THE NOVEMBER GENERAL ELECTIONS.

SO IF A NEW COMMISSION WOULD WANT TO GET A NEW CITY MANAGER, MS. GUNN WOULD ALREADY HAVE THOSE THREE MONTHS BUILT-IN.

YEAH, BECAUSE HEAR ME OUT, THE NEXT ELECTION IS IS AROUND 12 MONTHS AFTER THIS.

SO THEN IF A NEW COMMISSION WANTS TO TERMINATE THE MANAGER THEN SHE HAS 15 MONTHS, IF A NEW COMMISSION WANTS TO TERMINATE THE MANAGER, THEN IF WE'RE STUCK IN A TWO YEAR AGREEMENT, AND THAT NEW COMMISSION TERMINATES MS. GUNN, THEN WE WOULD HAVE TO PAY MS. GUNN, MAYBE FOR THE REMAINDER OF HER AGREEMENT AND THEN PAY HER FIVE MONTHS SEVERANCE.

SO WHAT SAY YOU BECAUSE YOU'RE SHAKING YOUR HEAD? [CHUCKLING] GO AHEAD.

THANK YOU.

MADAM MAYOR AND I APOLOGIZE.

THE PAYMENT PROVISION, THE SEVERANCE PROVISION IS NOT LINKED TO THE CAUSE LANGUAGE; THE PROVISION IS LINKED TO THE REVERSION LANGUAGE, AND SO HERE'S THE SCENARIO.

BUT I DON'T WANT TO WASTE YOUR TIME, BUT IF YOU UNDERSTAND, IF IT'S ABSOLUTELY 15 MONTHS, THEN A NEW COMMISSIONER WOULD NOT HAVE TO FIRE HER.

HER AGREEMENT WOULD JUST FINISH, AND THEN THE CITY WOULD NOT HAVE TO PAY OUT ANY SORT OF MONEY.

BUT IF A NEW COMMISSION WANTS TO FIRE HER AS SOON AS THEY COME IN AND SHE HAS TWO YEARS, THEN NOW WE ARE TERMINATING THE AGREEMENT EARLY, RIGHT? AND THEN WE HAVE TO PAY OUT MONEY.

SO I'M JUST SAYING THAT THIS COMMISSION HAS TO KNOW WHAT IT WANTS, PUTTING AWAY DIFFERENCES.

UNDERSTAND WHAT IT WANTS, LOOK OUT FOR THE BEST INTERESTS OF THE CITY.

SO 15 MONTHS WOULD BE PROBABLY THE SAFEST BET BECAUSE IF A NEW COMMISSION WANTS TO FIRE HER AND HIRE A NEW ATTORNEY, IT IS EASIER, CLEANER AND THERE'S NOT MUCH PAYMENT TO BE MADE.

WOULD YOU AGREE WITH WITH THAT, ATTORNEY? THAT CERTAINLY YES.

OK.

THAT'S ALL I'M SAYING.

SO IF THIS COMMISSION WANTS TO DO TWO YEARS, I LOVE MS. GUNN.

IT'S GREAT.

IF YOU WANT TO DO 15 MONTHS, IT'S GREAT, BUT I'M ONLY LOOKING FORWARD TO THE FUTURE.

[01:50:01]

THAT'S ALL.

WE UNDERSTAND, COMMISSIONER.

I THINK WHAT'S HAPPENING HERE IS WE'RE TRYING TO TAKE THE NEW TERMS THAT YOU'VE ASKED FOR AND SOMEHOW USE THE OLD LANGUAGE THAT WAS INTENDED TO ADDRESS SOMETHING ELSE THAT WOULD NOT NECESSARILY BE APPLICABLE TO THE SCENARIO.

AND THAT'S WHY MY HEAD WAS GOING.

IT WAS YOU'RE REFERRING TO A PROVISION THAT WAS ADDRESSING SOMETHING ELSE, NOT A TWO YEAR FIXED TERM CONTRACT.

LET ME SUGGEST THIS IF YOU WOULD GIVE MR. HERIN AND I THESE GENERAL PARAMETERS AND THEN ALLOW US THE OPPORTUNITY TO DISCUSS THE REST OF THE PROVISIONS, ALLOW ME TO MEET WITH MS. GUNN ABOUT SOME OF THESE OTHERS AND THEN COME BACK TO YOU WITH A PACKAGE THAT HAS YOUR NEW GOALS AND OBJECTIVES AND AN OPPORTUNITY FOR MS. GUNN TO HAVE THAT INPUT INTO THEM TO BRING YOU A FULL NEW PACKAGE THAT MEETS WHAT IT IS YOU'RE TRYING TO ACCOMPLISH THAT MAY MAKE MORE SENSE RATHER THAN TRYING TO NEGOTIATE EVERYTHING FROM THE PODIUM.

DO YOU NEED AN END PARAMETER, THOUGH? IS THAT WHAT YOU'RE SEEKING? YEAH I STILL NEED SOME GENERAL, YOU KNOW, UNDERSTANDINGS FOR AGAIN, TO MS. RODRIGUEZ'S POINT, IF THIS IS HOW YOU WISH TO DO IT, YOU KNOW, THE EVALUATION PROCESS WOULD BE PUT IN.

THE AUTOMATIC RAISE WOULD COME OUT BASED UPON THE COMMENTS OF THE--WELL, NO, THAT WAS THAT WAS NOT YET--LET ME FINISH AT LEAST MY NOTES THAT I HAVE A QUESTION OF, IN SECTION 6.1 AND 6.2 WE WOULD GET TOGETHER WITH FINANCE STAFF TO ACTUALLY PUT IN A NUMBER OF WHAT IT IS THAT'S BEEN BUDGETED IN THE CITY MANAGER'S BUDGET FOR TRAVEL, EITHER LOCALLY, WHICH IS 6.2 AND FURTHER THAN THAN THE COUNTY, THE TRI COUNTY AREA FOR 6.1.

WE WOULD REVISE SIX POINT THREE TO SPECIFICALLY STATE THAT THE TRAVEL WOULD HAVE TO BE APPROVED AT A PUBLIC MEETING.

SECTION SEVEN COMES OUT.

MR. CITY ATTORNEY, YOU'RE SAYING THAT CERTAIN THINGS THAT WE HAVEN'T GONE TO YET ON CONSENSUS THAT YOU'RE SAYING WE'RE WANTING AS A GROUP AND WE HAVE NOT YET SAID WE WANT THEM.

LET ME MAKE IT CLEAR.

MY NOTES.

I'M NOT NECESSARILY SAYING THAT THERE'S A CONSENSUS.

THEN LET US FINISH THE EITHER CONSENSUS PART BEFORE, BECAUSE YOUR COMMENTS I'M HEARING THEM ARE MORE OF A DEFINITIVE VERSUS LEFT UP FOR DISCUSSION FOR THIS COMMISSION TO DETERMINE.

SO, THE TIME FRAME IS WHAT WE WERE UP TO.

AND IF WE WANT TO FINISH THAT OFF AND SAY THERE'S A MAXIMUM TIME FRAME FOR RIGHT NOW, BUT AGREE THAT THESE ITEMS SHOULD GO BACK TO YOU FOR YOUR CONTINUED NEGOTIATIONS, BUT FOR THE STANDPOINT, MR. HERIN, FOR DETERMINING THAT THIS COMMISSION IS SAYING AS A WHOLE THAT WE ARE AGREEING TO CERTAIN THINGS THAT WERE MENTIONED HERE, THERE'S NOT YET A CONSENSUS.

THAT'S WHY I HAVE SOME ISSUE WITH WHAT YOU SAID.

I UNDERSTAND, AND I WAS JUST SAYING THAT THOSE ARE THE ISSUES THAT I HAVE NOTES ON.

I'M NOT SAYING THAT THE COMMISSION AS A WHOLE HAS AGREED TO ANY OF THEM WAS RATHER TO THE SUGGESTION BY MS. RODRIGUEZ THAT THE COMMISSION DIRECT ME TO GO BACK AND GET WITH HER TO WORK ON THESE THINGS.

AND THOSE WERE THE ISSUES THAT I HAD IDENTIFIED AS OF CONCERN, NOT NECESSARILY CONSENSUS.

SO LET US FINISH THAT PART UP BECAUSE THIS WAY THERE WOULD BE LESS CONCERN.

YOU'LL HAVE SOME CONSENSUS AND THEN YOU CAN FIGURE OUT MORE OF THE DETAILS.

SO BACK TO THE TIME FRAME, THE TERMS. THE TIME FRAME, IF I HEARD CORRECTLY FROM THIS DAIS, THE MAXIMUM OF TWO YEARS IS NOT A PROBLEM AT THIS TIME.

IT SHOULD BE NO MORE THAN 18 MONTHS AND THIS SHOULD HAVE BEEN ON THE WORKSHOP AGENDA.

ANYWAY, I'M NOT DISAGREEING OR AGREEING.

I HEAR 18 MONTHS FROM COMMISSIONER GELIN.

VICE MAYOR, YOU HAD--I THINK SHORTLY AFTER AN ELECTION WOULD BRING INSTABILITY, SO CHANGING A COMMISSION AND THEN CHANGING A CITY MANAGER WOULD JUST BE PROBLEMATIC.

SO NO TO 15, I'M OK WITH 18 OR TWO YEARS.

OK.

SO I'M JUST GOING TO TAKE A POLL ON 18 MAXIMUM.

JUST TO CLARIFY, 18, THERE'S A THERE'S AN IDEA OF INSTABILITY, BUT THERE'S ALSO AN IDEA OF COST.

[01:55:01]

UNDERSTOOD, NUT THEY'RE GOING TO WORK THAT PART OUT.

I NEED TO PUT MY COMMENTS ON THE RECORD.

EITHER WAY, I'M OK WITH MS. GUNN BEING THE MANAGER.

I'M JUST SAYING, IT IS A REAL SCENARIO THAT THIS COMMISSION MAY CHANGE, AND WHEN COMMISSION CHANGES, THEY MAY EITHER KEEP WHAT IS THERE OR REMOVE WHAT IS THERE.

SO IF YOU GO 18 MONTHS, TWO YEARS AND A NEW COMMISSION IS CHANGING MS. GUNN, WHAT THAT NOW MEANS IS THAT THE CITY HAS TO PAY OUT MONEY THAT WE CAN STOP RIGHT NOW.

SHORTLY AFTER AN ELECTION, YOU HAVE 15 MONTHS, YOU CAN DECIDE WHETHER OR NOT YOU WANT TO KEEP MS. GUNN AND GIVE HER A FIVE YEAR AGREEMENT.

I'D BE AMENABLE TO THAT.

SO WHETHER OR NOT IT'S 15 MONTHS, 18 MONTHS, TWO YEARS, IT'S FINE.

I'M STICKING WITH MY 15 MONTHS.

OBVIOUSLY, YOU'RE NOT GOING TO ACCEPT THAT, BUT I'M JUST TELLING YOU IT DOESN'T MATTER TO ME, PERIOD.

UNDERSTOOD, AND YOUR COMMENTS AND CONCERNS HAVE BEEN NOTED BY THE ATTORNEYS, AND THEY WILL WORK ON THEM FOR WHAT YOUR CONCERNS ARE THROUGH THE REST OF THE NEGOTIATION PROCESS FOR WHEN YOU'RE TALKING ABOUT FUNDS.

BECAUSE FROM WHAT I HEAR, SOME OF YOUR CONCERNS MAY BE TIED RIGHT NOW TO A PARAGRAPH THAT WILL BE CHANGING.

SO THAT'S THE ONLY REASON WHY I'M ONLY JUST ASKING ABOUT TIMING FOR THE END MONTH FOR RIGHT NOW, APPROXIMATELY.

SO YOU SAID YOU DON'T CARE.

YOU'RE SET AT 15.

COMMISSIONER PLACKO.

I UNDERSTAND THE LOGIC IN WHAT YOU'RE SAYING ABOUT 15 MONTHS.

HOWEVER, A NEW COMMISSION IS NOT GOING TO BE IN A POSITION TO MAKE THAT DECISION, NOR WOULD THAT BE THE VERY FIRST THING ON THEIR LIST.

IT'S A LEARNING CURVE.

I DON'T LIKE THE IDEA OF A CITY MANAGER BEING REPLACED AT THAT PARTICULAR POINT.

SO I WOULD SAY 18 MONTHS.

COMMISSIONER GELIN.

I'LL GO WITH 18 MONTHS, BUT I DO UNDERSTAND COMMISSIONER BOLTON'S POINT IN TERMS OF LIMITING OUR FINANCIAL OBLIGATIONS.

THE ATTORNEYS HAVE THAT.

THEY GOT IT.

SO HE HAS A POINT.

HE HAS A POINT FOR THE 15 MONTHS BECAUSE YOU LIMIT THE FINANCIAL OBLIGATIONS IF THERE IS A CHANGE.

BUT I'M NOT CONCERNED SO MUCH WITH THAT BECAUSE IT IS FAIR TO GIVE COMPENSATION IF THERE'S GOING TO BE TERMINATION, BECAUSE THEN THAT PERSON HAS COMPENSATION FOR A FEW MONTHS AS THEY SEARCH FOR NEW EMPLOYMENT.

SO I'M GOOD WITH 15 OR 18 MONTHS.

SO WE SEEM TO HAVE CONSENSUS FOR 18 MONTHS.

YAY.

SO NOW THE OTHER ITEM WAS WHETHER OR NOT MS. GUNN HAD TO COME BEFORE US FOR APPROVAL FOR HER TRAVEL.

IT'S A 90 DAY MUTUAL TERMINATION.

MY NOTES, I'M GOING IN ORDER, 90 MUTUAL TERMINATION.

AND I HEARD PRETTY MUCH GENERAL CONSENSUS THAT WAS ACCEPTABLE.

OK.

TO THE POINT THAT YOU ALL WERE JUST DISCUSSING, IF YOU ELECT, IF THE CITY COMMISSION ELECTS TO TERMINATE MS. GUNN WITHOUT CAUSE OR FOR CONVENIENCE, I'LL CALL IT FOR CONVENIENCE.

WHAT, IF ANY, SEVERANCE? I THINK AT THAT POINT, THAT'S A NEGOTIATION ITEM THAT NEEDS TO BE DISCUSSED AND THEN BROUGHT BACK TO US.

THAT'S NOT FOR US HERE BEFORE TODAY.

I THINK WHAT WE'RE TRYING TO DO IS JUST GO THROUGH THE ITEMS THAT YOU HAVE AND THE LAST ONE, I BELIEVE, IS COMMISSIONER BOLTON, YOU WISH TO INTERRUPT.

IF I MAY, I'M JUST BALANCING THE NEEDS ALSO OF MS. GUNN.TO BE FAIR TO HER, BECAUSE MS. GUNN, YOU WILL RECALL IN OUR PRIVATE CONVERSATION THAT WE TALK ABOUT YOUR EXPERIENCES AND HOW EXPERIENCED YOU ARE AND YOU'D WANT TO LEAVE THIS PLACE WITH YOUR DIGNITY, SO TO SPEAK, IF A COMMISSION WOULD WANT TO REMOVE YOU AND I DON'T THINK THAT REMOVING A CITY MANAGER WITHOUT GIVING SEVERANCE IS FAIR.

RIGHT? SO THERE'S THE IDEA NOW OF SEVERANCE AND EARLY TERMINATION.

IS THERE GOING TO BE AN EARLY TERMINATION CLAUSE? SEVERANCE, ALL THAT STUFF.

SO THAT'S WHERE I'M GETTING AND THAT'S WHERE I WAS GETTING WITH THE 15 MONTHS.

SO YOU YOU HAVE TO KEEP THAT IN MIND AND HAVE A BUSINESS SENSE.

RIGHT, WHICH IS WHY THEY WILL NEGOTIATE IT AND THEY WILL HANDLE IT.

AND IF I HAVE THIS CORRECT, WE HAVE ONE LAST ITEM TO BE ABLE TO GET THROUGH THIS AND THEN MAYBE WE CAN CALL A RECESS BECAUSE I BELIEVE PEOPLE ARE SEEKING ONE.

[02:00:02]

SO THIS ONE LAST ITEM IS WHETHER OR NOT WE ARE GOING TO ASK OUR CITY MANAGER TO COME BEFORE THIS COMMISSION AND ASK FOR PERMISSION TO TRAVEL FOR ITEMS THAT ARE NECESSARY FOR THE CITY.

NOT A BLOW TO YOUR MAYOR, BUT I REALLY THOUGHT THAT YOU WERE THE ONE THAT PUT THAT CLAUSE IN THERE ASKING FOR HER TO COME BEFORE THE COMMISSION.

BECAUSE I KNOW YOU LIKE TO HAVE POWER.

I REALLY DON'T THINK THAT A CITY MANAGER SHOULD BE ASKING FOR PERMISSION TO TRAVEL.

THANK YOU FOR AGREEING WITH ME BECAUSE I DON'T THINK SO EITHER.

I BROUGHT THAT UP, BUT I THOUGHT YOU BROUGHT THAT UP.

BUT YEAH.

FLY, MS. GUNN, FLY.

OK, SO YOU HAVE TWO PEOPLE ON THE DAIS WHO DON'T THINK YOU NEED TO HAVE PERMISSION.

COMMISSIONER PLACKO, WHAT IS YOUR OPINION? YEAH, YOU DON'T NEED TO ASK MY PERMISSION.

ALL RIGHT.

WE AT LEAST HAVE THREE.

NO, THE VICE MAYOR.

COMMISSIONER GELIN? PERMISSION IS NOT NEEDED, BUT I WOULD ASK THE CITY ATTORNEY TO REVIEW THE CITY OF SUNRISE CITY ATTORNEY CONTRACT.

THERE IS SOME LANGUAGE ABOUT LIMITATION OF TRAVEL, OR THIS COMMISSION CAN DECIDE TO ESTABLISH A TRAVEL BUDGET JUST LIKE WE HAVE A TRAVEL BUDGET.

SO I THINK THERE SHOULD BE SOME LANGUAGE REGARDING SOME LIMITATION AND I WOULD ENCOURAGE THIS COMMISSION TO REVIEW OTHER CITY MANAGER CONTRACTS, WHICH IS WHAT I DID, AND FIND SOME TERMS AND CONDITIONS THAT YOU THINK ARE FAVORABLE.

IF I MAY? YES.

IT WOULD BE MY RECOMMENDATION THAT SIX POINT THREE BE CONSISTENT WITH WHAT YOU ALL DISCUSSED AND WE CAN LOOK AT OTHER CITIES AS FAR AS THE BUDGET AND HOW THAT GETS DONE IN THE CONTEXT OF 6.1 6.2, WHICH I MENTIONED BEFORE.

BUT SIX POINT THREE IS THAT IT WOULD BE NO LESS THAN 30 DAYS BEFORE ANY TRAVEL PROVIDED FOR HEREIN, EMPLOYEES SHALL INFORM THE CITY COMMISSION OF EMPLOYEES ABSENCE FROM THE CITY .

RIGHT, WE CURRENTLY HAVE THAT IN OUR IN THE CONTRACT AND WE CURRENTLY HAVE BEEN DOING THAT PROCEDURALLY, UNLESS THERE NEEDS TO BE DONE SOMETHING BEFOREHAND.

POINT OF CLARIFICATION, MAYOR.

I ASKED MS. GUNN FOR THE CITY MANAGER'S BUDGET, SO I WAS VERY WELL PREPARED FOR THIS.

THERE IS A TRAVEL BUDGET.

TRAVEL MEALS, LODGING FOR $12000.

AND THERE'S TRAINING ON SEMINARS FOR SEVEN THOUSAND NINE HUNDRED DOLLARS IN THE CITY MANAGER'S BUDGET.

SO JUST TO CLARIFY, WOULD YOU BE STICKING WITH THAT BUDGET OF NINETEEN THOUSAND NINE HUNDRED DOLLARS FOR TRAVEL AND TRAINING FOR THE CITY MANAGER'S OFFICE? OR WOULD IT BE SOMETHING ELSE? WELL, THE BUDGET HAS BEEN ESTABLISHED THROUGH THE PROCESS, AND WE WOULD STICK WITH IT.

THAT'S NOT ALL FOR THE CITY MANAGER TRAVEL.

YOU KNOW, WE HAVE OTHER EMPLOYEES THAT TRAVEL WITH THAT.

SO THEN TO COMMISSIONER GELIN, IT'S ALREADY THERE BUDGETED.

IF I MAY, THEN SECTION SEVEN, THE RIGHT TO RETURN COMES OUT IN ITS ENTIRETY.

FORGIVE ME, BUT FOR EVERYTHING THAT'S GOING TO COME OUT OR EVERYTHING THAT'S GOING TO GO IN, WE'RE GOING TO LEAVE IT BACK TO YOU GUYS TO FINISH IT UP AND BRING IT BACK TO US, AND WE'LL PROBABLY ASK YOU IF YOU COULD BRING IT BACK AT A WORKSHOP SO WE CAN DO THIS THEN.

MY COLLEAGUES AND EVERYBODY THANK YOU VERY MUCH FOR YOUR TIME.

IT IS CURRENTLY 9:03.

WE'RE GOING TO TAKE A RECESS TO 9:20.

EVERYBODY, WE'LL SEE YOU BACK HERE IN A LITTLE BIT.

IT IS ACTUALLY 9:22.

APOLOGIES.

ALL RIGHT, AT THIS POINT IN TIME, WE ARE NOW UP TO 5B.

[5.b. TR13694 – Award of RFP #20-15R – Design/Build of Caporella Park Enhancements Project]

CR13694 AWARD OF RFP 20-15R DESIGN BUILD OF CAPORELLA PARK ENHANCEMENT PROJECT.

CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.

YES, MADAM MAYOR, COMMISSION, A RESOLUTION CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AWARDING RFP NUMBER 20-15R AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH MBR CONSTRUCTION INC FOR THE DESIGN BUILD OF THE CAPORELLA PARK ENHANCEMENT PROJECT FOR AN AMOUNT NOT TO EXCEED FOUR MILLION FOUR HUNDRED AND THIRTY EIGHT THOUSAND EIGHT HUNDRED THIRTY DOLLARS AND NINETY FOUR CENTS.

A CONTINGENCY AMOUNT OF FOUR HUNDRED AND FORTY THREE THOUSAND EIGHT HUNDRED AND EIGHTY THREE DOLLARS AND NINE CENTS WILL BE ADDED TO THE PROJECT FOR TOTAL PROJECT BUDGET OF FOUR MILLION EIGHT HUNDRED AND EIGHTY TWO HUNDRED THOUSAND SEVEN HUNDRED FOURTEEN DOLLARS AND THREE CENTS PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU.

NEED A MOTION AND A SECOND.

SO MOVED.

SECOND.

THANK YOU.

MR. GREG WARNER, OUR PARK AND REC DIRECTOR, WILL PROVIDE A SHORT PRESENTATION, AND WE HAVE PEOPLE THAT HE WILL INTRODUCE THAT ARE IN THE SKY.

[02:05:02]

YES, GOOD EVENING, MAYOR, VICE MAYOR AND MEMBERS OF THE COMMISSION.

FOR THE RECORD, GREG WARNER, DIRECTOR OF PARKS AND RECREATION AND I AM PRESENTING THE AWARD OF THE RFP AND THE EXECUTION OF AN AGREEMENT WITH MBR CONSTRUCTION.

WITH US TONIGHT VIRTUALLY IS MIKE BOSS, THE OWNER OF MBR CONSTRUCTION, AS WELL AS ABBAS ZACKRIA WALTER ZACKRIA ARCHITECTS THOSE TWO FIRMS ARE DESIGN BUILD TEAM FOR THIS PROJECT.

SO WITH THAT, I'LL MOVE ALONG WITH THE PRESENTATION TO SHARE SOME INFORMATION ABOUT THE PROPOSAL, THE AGREEMENT AND THE PARK ELEMENT.

WE'RE VERY EXCITED ABOUT THIS PROJECT.

THIS IS ANOTHER PROJECT IN THE CITY OF TAMARAC THAT WILL HELP SET US APART WITH THE QUALITY OF LIFE FOR OUR RESIDENTS AND THE OFFERINGS, WE'RE VERY HAPPY ABOUT.

AND JUST PROVIDE YOU WITH A LITTLE HISTORY ON CAPORELLA PARK.

THE CITY FIRST DEVELOPED CAPORELLA PARK BACK IN 1979.

AND DEVELOPED IT AS A VERY PASSIVE PART.

WE HAVE THE IT'S A NINE ACRE PARK WITH A LARGE LAKE THERE.

THERE'S WALKING PATHS, A SMALL PLAYGROUND.

CURRENTLY, THERE IS A FISHING DOCK AS WELL AS PICNIC SHELTER, RESTROOMS AND THAT TYPE OF THING.

SO VERY PASSIVE ELEMENTS OUT THERE TO BE USED.

SO WE WANT TO IN THE 2015 MASTER PLAN.

AND ALSO THIS YEAR'S EAST SIDE FEASIBILITY STUDY THAT I PRESENTED TO YOU, THE STUDY IDENTIFIED THE NEED FOR ADDITIONAL AMENITIES IN EXISTING CITY PARKS LOCATED IN EASTERN TAMARAC.

AND WHEN I TALK ABOUT EASTERN TAMARAC, WE'RE TALKING EAST OF NORTHWEST 64TH AVENUE.

BOTH OF THESE STUDIES TALKED ABOUT OUR EXISTING PARKS AND HOW WE NEED TO ADD AMENITIES THAT WILL ACTIVATE THE USERS.

WE WANT PEOPLE TO TRAVEL TO OUR PARKS BECAUSE OF THE CONFIGURATION OF TAMARAC.

IT'S VERY DIFFICULT TO LOCATE PARKS, SO EVERYBODY IS WITHIN WALKING DISTANCE.

SO WE NEED TO MAKE THE PARKS AS ATTRACTIVE AND ACTIVATED AS MUCH AS POSSIBLE SO THAT PEOPLE WILL WILL GO TO THEM.

AND WHAT THEY'VE TERMED THAT IS THAT WE WANT TO MAKE THEM DESTINATION PARKS FOR FOR ALL OF OUR RESIDENTS.

AND THE COMMUNITY ALSO PROVIDED INPUT INTO THE ELEMENTS FOR THIS AND SOME OF THE COMMUNITY INPUT WE'VE HAD THROUGH THE YEARS.

THE 2015 PARKS AND RECREATION MASTERPLAN PROCESS INCLUDED A COMMUNITY NEEDS ASSESSMENT COVERING PARKS AND AGAIN TALKED ABOUT ACTIVATING PARKS.

ALSO WITHIN CAPORELLA PARK RECOMMENDATION WAS MADE IN THE MASTER PLAN IS THAT WE SHOULD BE ACTIVATING THE LAKE SO THAT WE, THE RESIDENTS, WHEN THEY UTILIZE THE PARK, CAN TAKE ADVANTAGE OF ALL THE AMENITIES IN THAT PARK.

WE HELD A COMMUNITY MEETING AT CAPORELLA PARK ON AUGUST 29, 2019 TO DISCUSS SOME PROPOSED ELEMENTS WITH THE RESIDENTS OUT THERE, AND THE RESIDENTS ALL AGREED WITH THE ELEMENTS THAT WERE PROPOSED, AS WELL AS PROVIDE SOME ADDITIONAL INPUT.

SO WE TOOK ALL THAT INPUT AND WENT FORWARD WITH WITH THE PROPOSAL FOR THE BID.

I'M SORRY PRIOR TO THAT, WITH THE CONCEPTUAL SITE PLAN, WE CAME TO THE COMMISSION AT THE APRIL 14, 2021, MEETING AND TALKED TO THE COMMISSION ABOUT THE PROPOSED ELEMENTS BEFORE WE WENT OUT ON THE STEP TWO PART OF THE BID PROCESS.

AND AT THAT POINT, IF YOU REMEMBER THE COMMISSION RECOMMENDED AND WE ADDED AN AMPHITHEATER TO THAT PROJECT AS WELL AS A CONCESSION STAND.

SO WITH RFP 20-15R, AND WE ARE SOLICITING DESIGN BUILD SERVICES FOR THE DEVELOPMENT OF CAPORELLA PARK IN THE ENHANCEMENTS, MBR CONSTRUCTION INC.

RECEIVED THE HIGHEST SCORE FROM THE SELECTION COMMITTEE.

MBR CONSTRUCTION PRESENTED A WELL-PREPARED, UNIQUE DESIGN, THEIR DESIGN COMPONENT STOOD ABOVE THE OTHER.

OTHER PROPOSALS? THEY HAVE ALSO THIS DESIGN BUILD TEAM HAS PREPARED AND DEVELOPED THROUGHOUT THE TRI-COUNTY AREAS, MANY HIGH QUALITY PROJECTS.

AND I HAVE SOME LISTING OF SOME OF THE ELEMENTS IN THE PARK AND IN THEIR PROPOSAL ON THE RIGHT HAND SIDE, AND I WILL GO INTO THOSE A LITTLE BIT MORE IN DEPTH IN A MOMENT.

AND AGAIN, TALK ABOUT THE DESIGN BUILD TEAM, MBR IS A FAMILY OWNED AND OPERATED BUSINESS THAT'S BEEN IN BUSINESS SINCE 1992.

THEY'RE AN ESTABLISHED FIRM PROVIDING QUALITY PROJECTS FOR MOST BROWARD COUNTY MUNICIPALITIES.

THEY'VE DONE PROJECTS FOR BROWARD COUNTY FOR BSO.

[02:10:03]

THEY'VE DONE PROJECTS FOR TAMARAC, AS WELL AS THE BROWARD SCHOOL BOARD AND MANY, MANY OTHER MUNICIPALITIES IN BROWARD COUNTY.

IN THIS DESIGN, BUILD TEAM WITH WALTERS ZAKRIA AND MBR CONSTRUCTION HAS DONE OVER 25 PROJECTS TOGETHER, SO THEY HAVE A VERY, VERY GOOD WORKING RELATIONSHIP.

AND I WANTED TO HIGHLIGHT SOME OF THE THREE OF THE PROJECTS THAT THEY'VE DONE THROUGHOUT BROWARD COUNTY.

ONE IS DEERFIELD BEACH SULLIVAN PARK.

THE SECOND IS WESTON PEACEMOUND PARK, AND THE THIRD, I CONSIDER OUR JEWEL IS TAMARAC WATERS EDGE PARK.

SO YOU SEE SOME PHOTOS OF THOSE UP THERE AS WELL.

AND THIS NEXT PHOTO, THIS IS SULLIVAN PARK IN DEERFIELD BEACH.

AND I KNOW COMMISSIONER PLACKO IS VERY FAMILIAR WITH THIS PARK.

THEY HAVE THE TILE DESIGNED ARTISTIC WATER FEATURE THERE.

THE SPLASH PAD OUT THERE, THAT'S WATERFRONT PARK IN VERY NICE DESIGN.

VERY NICE DEVELOPMENT.

PEACEMOUND PARK IN WESTON, ANOTHER WATERFRONT PARK DID A VERY NICE JOB WITH THAT DEVELOPMENT MADE THAT AN ACTIVATED PARK AND AREA.

AND LASTLY, WATERS EDGE PARK IN TAMARAC.

VERY EXCELLENT DESIGN, EXCELLENT COMPONENTS IN THERE.

AND THIS IS A PARK THAT THE COMMUNITY REALLY APPRECIATES AND IS REALLY BEING USED SINCE ITS OPENING.

SO GETTING INTO THE ELEMENTS, THERE'S GOING TO BE AN EXPANSION OF THE EXISTING PARKING LOT WITHIN THE PARK.

IT'S ONLY GOING TO BE EXPANDING BY SIX NEW SPACES BECAUSE OF SOME SPACING ISSUES IN THE PARK.

IT'S A SMALLER, SMALLER PARK AND WE WANT TO UTILIZE AS MANY ELEMENTS AS WE CAN TO ACTIVATE THAT PARK.

THE BONUS WITH CAPORELLA PARK IS THAT THE CITY OWNS THE LOT ACROSS THE ROAD FROM CAPORELLA PARK AND THAT LOT WILL BE EVEN BEFORE IT'S DEVELOPED AS A PARKING LOT WILL BE UTILIZED AS OVERFLOW PARKING FOR THE PARK AND CAN ACCOMMODATE UP TO 75 MORE VEHICLES, WHICH WE FEEL WILL BE SUFFICIENT FOR THE USE OF THAT PARK.

WE WILL HAVE A RESTROOM/IT/STORAGE BUILDING CONCESSION AREA WITHIN THAT BUILDING, A SPLASH PAD WITH A COVERED AREA AND BEACH ZONE SIMILAR TO THE ONE AT WATERS EDGE PARK.

THE AMPHITHEATER, AS WE TALK ABOUT BEFORE, WE'RE GOING TO BE EXPANDING THE SIZE OF THE PLAYGROUND, IT'S GOING TO BE SIMILAR IN SIZE TO THE ONE AT WATERS EDGE PARK AND IT WILL BE A SHADED SYSTEM.

IT'LL HAVE A PICNIC SHELTER.

THEY'RE GOING TO BE REDOING THE WALKING PATHS.

THERE WILL BE A SIX FOOT WIDE MULTIPURPOSE PATHWAY CONCRETE OUT THERE.

WE'RE GOING TO ADD A CONSOLIDATED EXERCISE AREA.

THERE'LL BE 10 WORKOUT STATIONS THAT WILL BE SHADED AS WELL.

AND THIS IS WHERE WE ACTIVATE THE WATER IN THE PARK AND WE'RE ADDING A NON-MOTORIZED BOAT LAUNCH AREA WHICH WILL ACCOMMODATE CANOES, KAYAKS, PADDLE BOARDS, THOSE TYPES OF THINGS.

IT'S STILL NOT GOING TO BE A SWIMMING LAKE, BUT IT WILL ACCOMMODATE THOSE WATER SPORTS.

ALSO, WI-FI AND SECURITY CAMERAS WILL BE ADDED TO THE PARK NATIVE LANDSCAPING AND IRRIGATION, AS WELL AS SOME COVERED PARK BENCHES, AND I WANT TO GO A LITTLE BIT MORE RIGHT HERE IS THE SITE PLAN FOR THE PARK.

AND YOU CAN SEE WHERE THROUGH MBR'S DESIGN, WHERE THINGS ARE LOCATED AND THE NON-MOTORIZED BOAT LAUNCH AREA IS LOCATED NEAR THE EXISTING PARKING LOT SO THAT PEOPLE HAVE EASY ACCESS TO GET THEIR BOATS IN.

THE RESTROOM FACILITY WITH THE CONCESSION STAND WILL BE PUSHED A LITTLE BIT FURTHER EAST INTO THE PARK FROM WHERE IT IS NOW.

AND WE HAVE THE SPLASH PAD, THE PLAYGROUND, THE FITNESS AREA AND THE AMPHITHEATER.

AND YOU NOTICE WITH THE AMPHITHEATER, AS WE DISCUSSED BACK IN APRIL, THE AMPHITHEATER WILL SIT HALF OUT INTO THE WATER AND HALF ON LAND SO VERY UNIQUE IN THE DESIGN THERE.

AND HERE'S SOME CONCEPTUAL PHOTOS.

THIS IS A VIEW FROM THE PARKING LOT ENTRANCE COMING OFF A PROSPECT.

SO YOU HAVE THE.

AND I KNOW YOU GUYS CAN'T SEE MY POINTER, BUT THIS AREA WITH THE TO THE RIGHT OF THE PHOTO IS WHERE THE CONCESSION AREA IS.

[02:15:02]

THOSE ARE THE CONCESSION WINDOWS.

THEN YOU HAVE THE RESTROOM FACILITIES RIGHT THERE AS WELL AS AROUND THE BACK, WE'LL HAVE THE SPLASH PAD FILTRATION EQUIPMENT LOCATED AROUND THE BACK OF THAT BUILDING.

HERE IS A CONCEPTUAL OF THE SPLASH PAD.

A LOT OF FUN, A LOT OF ACTIVITY ON THE SPLASH PAD.

THE COMPONENTS WILL HAVE A SIMILAR CONCEPT AS TO WATERS EDGE, WHERE YOU SEE THAT THEY HAVE SHADE STRUCTURE OVER IT FOR THE YOUNGER CHILDREN.

THAT'S WHERE THE EQUIPMENT FOR THE YOUNGER CHILDREN WILL BE UNDERNEATH THAT SHADE STRUCTURE.

AND WE ALSO HAVE THAT AREA SURROUNDING THAT THE PARENTS CAN SIT AND WATCH AND WE'LL HAVE THE TABLE IS LOCATED WITH THE UMBRELLAS.

HERE IS A COPY OF THE FITNESS COURT, AS I SAID, 10 FITNESS STATIONS THAT WILL BE UNDER SHADE.

AS WELL AS THE LAYOUT OF THE NON-MOTORIZED BOAT LAUNCH DOCKS THERE SO PEOPLE CAN WALK OUT, THEY CAN PUT THEIR BOATS IN THE MIDDLE THERE OF THOSE TWO SPACES, AND THEN THEY CAN EASILY GET IN AND GET OUT OF THE KAYAKS AND CANOES.

AND HERE IS A PHOTO OF THE CONCEPTUAL PHOTO OF WHAT THE AMPHITHEATER WILL LOOK LIKE, AND I WANT TO POINT OUT A COUPLE OF COMPONENTS WITH THE AMPHITHEATER, AND THIS IS ONE OF THE AREAS THAT MBR CONSTRUCTION AND WALTERS ZAKRIA WITH THE DESIGN MADE THIS A LITTLE BIT UNIQUE.

WE PUT OUT THAT WE WANTED AN AMPHITHEATER WITH SOMETHING SIMILAR IN THE COVERING AS TO WHAT A PLAYGROUND SHADE STRUCTURE WOULD BE.

SO WITH A PLAYGROUND SHADE STRUCTURE IS WHAT WE NEED TO DO.

EACH TIME A HURRICANE IS COMING, WE GET A HURRICANE WARNING WATCH, WE HAVE TO TAKE DOWN THAT STRUCTURE.

SO WITH THIS, THEY HAVE A MATERIAL THAT WILL BE PUT UP ON THE AMPHITHEATER THAT CAN WITHHOLD UP TO 170 MILE PER HOUR WINDS.

SO IT WILL NOT HAVE TO BE TAKEN DOWN EVERY TIME THAT THERE'S A HURRICANE COMING IN.

THEY ALSO DID SOME WITH THE DESIGN OF WHERE THE SPEAKERS WOULD BE COMING OFF THE AMPHITHEATER.

I KNOW WE HAVE THE HOUSING ON THE NORTH SIDE OF THE PARK.

THESE SPEAKERS WOULD BE MORE OUT INTO THE CROWD, POINTING BACK TOWARDS THE STAGE SO THAT SOUND WILL NOT CARRY TO THE RESIDENCES.

SO THOSE ARE TWO COMPONENTS OR TWO ELEMENTS THAT WE FELT WERE UNIQUE WITH THEIR DESIGN REALLY LIKED WHAT THEY HAD PUT FORWARD.

SO IN THE AGREEMENT, AS YOU SEE DESIGN BILL OF A CAPORELLA PARK ENHANCEMENTS PROJECT, THE CONTRACTOR WE'RE RECOMMENDING IS NO CONSTRUCTION WITH THE CONTRACT AMOUNT OF FOUR MILLION FOUR HUNDRED AND THIRTY EIGHT THOUSAND EIGHT HUNDRED AND THIRTY DOLLARS AND NINETY FOUR CENTS.

I ALWAYS HAVE TROUBLE WITH THOSE LONG NUMBERS BECAUSE I DON'T SEE THEM TOO OFTEN WITH A 10 PERCENT CONTINGENCY IN THIS, THE CONTINGENCY HAS TO BE APPROVED BY THE CITY.

IT'S SOMETHING THAT IS DESIGNATED FOR UNFORESEEN CIRCUMSTANCES AT THE CONTRACTOR MAY COME ACROSS DURING THE PROJECT.

THAT CONTINGENCY IS FOUR HUNDRED AND FORTY THREE THOUSAND EIGHT HUNDRED AND EIGHTY THREE AND NINE CENTS FOR A TOTAL PROJECT BUDGET OF FOUR MILLION EIGHT HUNDRED EIGHTY TWO THOUSAND SEVEN HUNDRED AND FOURTEEN DOLLARS AND THREE CENTS.

THE FUNDING FOR THE PROJECT, WE DO HAVE A $50000 GRANT FROM THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM AND THE REMAINDER OF THE BUDGET DOLLARS ARE COMING FROM THE CITY'S CAPORELLA IMPROVEMENT PROGRAM BUDGET.

AND WITH A TIMELINE, AND THIS IS A PROPOSED TIMELINE, WE HAVE A NOTICE PROCEED FOR THE CONTRACTOR IN THE WINTER OF 2021.

WE HAVE DESIGN AND PERMITTING TAKES APPROXIMATELY SIX MONTHS WITH A DIFFERENT PERMITTING AGENCIES, AS WELL AS WORKING OUT THE DESIGN FOR THE PARK.

IF WE HAVE CONSTRUCTION COMMENCING IN THE SUMMER OF 22, WE HAVE A PROJECT FINAL COMPLETION IN THE SPRING OF TWENTY THREE.

SO IN THE END, STAFF RECOMMENDS THE AWARD OF RFP 20-15R TO AND EXECUTION OF THE AGREEMENT WITH MBR CONSTRUCTION INC.

.

SO I AM HERE TO ANSWER ANY OF YOUR QUESTIONS, AS WELL AS MIKE BOSS AND ABBAS ZAKRIA.

THANK YOU.

EXCELLENT.

THANK YOU.

I'M GOING TO OPEN THIS UP FOR PUBLIC COMMENTS FIRST.

IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO MAKE ANY COMMENTS? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED.

[02:20:02]

AND I SEE COMMISSIONER GELIN HAS RUNG IN COMMISSIONER BOLTON, YOU HAVE NOT LIT, SO I'M GOING TO [INAUDIBLE] YOUR DISTRICT, SO COMMISSIONER GELIN YOUR FIVE MINUTES.

GREG, WHY ARE SO MANY OF OUR PARKS NAMED CAPORELLA? THE CAPORELLA FAMILY DONATED THAT PARCEL TO THE CITY.

THAT WAS THE FIRST DONATION AND THEN THEY ALSO DONATED THE PROPERTY AT THE CAPORELLA AQUATIC CENTER.

OK FOR THE, IS [INAUDIBLE] ON THE LINE ? GOOD EVENING, KEITH GLATZ YOUR PURCHASING CONTRACTS MANAGER.

YEAH, WHAT KIND OF OUTREACH WAS MADE? HOW WAS THIS RFP PROMOTED TO THE MARKET? THIS RFP WAS PROMOTED TO THE MARKET THROUGH OUR NORMAL PROCESS OF BIDS AND TENDERS THROUGH DEMANDSTAR.COM AND WE'VE ESTABLISHED A PROCESS WHEREBY NOW WE SEND PROPOSALS LINKED TO THE STATE OF FLORIDA OFFICE OF SUPPLIER DIVERSITY AND AS WELL AS BROWARD COUNTY.

AND THEN WE ALSO HAVE STARTED SENDING PROPOSALS AND BIDS TO THE SMALL BUSINESS ADMINISTRATION OFFICE IN MIAMI.

OK.

AND FOR THE PROPOSER, MBR CONSTRUCTION.

WELL, FIRST, IF I SEE CORRECTLY, DID THEY RECEIVE TWO AND A HALF POINTS FOR BEING A MINORITY BUSINESS? THEY RECEIVED TWO AND A HALF POINTS FOR UTILIZING MINORITY SUBCONTRACTORS.

OKAY.

WALTER ZAKRIA IS AN ASIAN OWNED FIRM, AND THEY ALSO HAVE 26 PERCENT OF THE PROJECT BEING PERFORMED BY BROWARD COUNTY CBE FIRMS. OK.

SO FOR MBR, WHAT OTHER FIRMS, WHAT OTHER MINORITY FIRMS DO YOU GUYS WORK WITH? MR. BOSS? I DON'T KNOW IF HE CAN HEAR YOU.

AM I UNMUTED.

YES, GO AHEAD.

SO YOUR QUESTION IS TWENTY SIX PERCENT, WE HAVE MANY OF OUR EXISTING [INAUDIBLE] WE WORK WITH MY ELECTRICIAN, MY PLUMBER, ALL CBE CONTRACTORS.

OK, AND WHAT ARE THE DEMOGRAPHICS OF YOUR SUBCONTRACTORS? MOST OF MY WORK FOR THE PAST 40 YEARS HAS BEEN BROWARD COUNTY, SO I'M GOING TO TELL YOU, MOST OF MY FELLOWS LIVE IN BROWARD COUNTY.

RIGHT, SO WHAT ARE THE CULTURAL DESIGNATIONS OF YOUR SUBCONTRACTORS? HISPANIC-OWNED BUSINESSES, WOMEN OWNED BUSINESSES, BLACK OWNED BUSINESSES.

I COVER ALL THOSE GAMBITS.

MY TOTAL ACCESSORY.

MY [INAUDIBLE] PETITION FOLKS ARE WOMEN-OWNED.

ELECTRICIAN IS AFRICAN-AMERICAN.

MY DRYWALL SUBCONTRACTORS ARE SPANISH.

OK, AND HOW MUCH DO YOU ANTICIPATE SPENDING THIS PORTION OF THE CONTRACT WITH THOSE SUBCONTRACTORS? LIKE KEITH MENTIONED, 26 PERCENT IS WHAT WE'RE COMMITTED TO FOR THIS PROJECT.

IS THAT ONLY TO ZAKRIA OR TO ALL THE SUBCONTRACTORS? EVERYBODY.

OK.

CAN YOU SHARE THAT BREAKDOWN? [INAUDIBLE] I THINK YOU HAD 26 PERCENT PLUS ZAKARIA, IN ADDITION.

CAN YOU SHARE THAT BREAKDOWN WITH THE COMMISSION? WAS THAT INCLUDED WITH THE PROPOSAL? IT'S IN THE PROPOSAL DOCUMENT THAT WE SENT YOU THIS AFTERNOON, COMMISSIONER.

OK, YEAH.

SO I JUST GOT IT, SO I DIDN'T HAVE A CHANCE TO LOOK AT IT COMPLETELY.

IT'S NEAR THE BEGINNING.

PARDON ME? IT'S NEAR THE BEGINNING.

OK, IF YOU CAN IDENTIFY THE PAGE, THAT WILL BE GREAT BECAUSE I LOOKED AT BOTH PROPOSALS FROM THE [INAUDIBLE], WHATEVER THAT OTHER COMPANY WAS, AND THEY CLEARLY OUTLINE THAT THEY'RE NOT A MINORITY BUSINESS, BUT THEY DO SUBCONTRACT WITH OTHER PARTNERS.

DO YOU ALSO SEND THE RFP TO ORGANIZATIONS LIKE LATIN BUILDERS ASSOCIATION AND THE MINORITY BUILDERS ASSOCIATION? KEITH? HE'S FROZEN.

SO FOR MBR, DO YOU GUYS PARTNER WITH FIRMS THAT ARE MEMBERS OF THE LATIN BUILDERS ASSOCIATION AND THE MINORITY BUILDERS ASSOCIATION? WE HAVE A WEBSITE.

WE REACH OUT TO EVERYBODY THAT WE'RE INTERESTED IN GETTING NUMBERS FROM ON A REGULAR BASIS.

WE DON'T PARTNER WITH ANYBODY IN PARTICULAR, BUT THROUGH OUR WEBSITE, WE CONTACT PEOPLE THROUGHOUT BROWARD AND PALM BEACH COUNTY FOR BIDS.

OK, AND HOW MANY PROJECTS HAVE YOU DONE IN THE CITY OF TAMARAC? WE'VE DONE MOST OF YOUR WALLS, I BELIEVE, DOWN MCNABB COMMERCIAL.

YOUR NEW DECORATIVE WALLS VETERANS PARK WAY WAY BACK AND WATERS EDGE RECENTLY, AND I BELIEVE THERE WAS ONE MORE BEFORE THAT, BUT YOU'RE TESTING MY MEMORY.

[02:25:01]

OK, ALL RIGHT, WELL, THE PROJECT LOOKS GOOD.

THANK YOU VERY MUCH.

THANK YOU.

THANK YOU.

I HAD THE VICE MAYOR, ARE YOU STILL LOOKING TO SPEAK? YEAH, I JUST DIDN'T WANT TO HAVE IT ON.

I WAS NOT SPEAKING.

SO I JUST WANTED TO JUST SHARE MY SENTIMENTS.

IT'S A SUPERB PROJECT THAT'S GOING TO BE REALLY GOOD.

IT'S DEFINITELY AN ENHANCEMENT TO DISTRICT ONE, SO I'M JUST LOOKING FORWARD TO SPENDING SOME TIME THERE.

THANK YOU, VICE MAYOR.

THANK YOU.

COMMISSIONER BOLTON.

THANK YOU, GREG, FOR ALWAYS LISTENING AND TAKING WHAT WE'VE SAID UNDER ADVISEMENT, WHAT WE DISCUSSED AT THE LAST TIME WE TALKED ABOUT THIS ARE INCORPORATED AND I APPRECIATE THAT .

THE RESIDENTS OF DISTRICT ONE ARE INDEED VERY, VERY HAPPY AND ALREADY EXCITED ABOUT THE POSSIBILITY OF THIS PART BEING RECONSTRUCTED THIS WAY.

THEY'VE WAITED A LONG TIME FOR REPRESENTATION OF THIS SORT, AND I'M SO VERY THRILLED THAT THIS IS HAPPENING AT THIS POINT IN TIME.

AND SO I'M VERY MUCH VERY HAPPY WITH WHAT IS GOING ON, AND I TRUST MBR WITH THIS PROJECT.

JUST PLEASE MAKE SURE THAT WE DON'T GO OVER BUDGET.

I DON'T THINK THAT THEY HAVE THAT ISSUE, BUT I LOOK FORWARD TO LOOKING AT THE STELLAR WORK THAT THEY CONTINUE TO DO THROUGHOUT THE CITY AND LOOK FORWARD TO THE STELLAR WORK THAT YOU DO, GREG.

AND SO PLEASE SEND ME THIS POWERPOINT SO I CAN SHARE WITH MY COMMUNITY AND I LOOK FORWARD TO THE RECONSTRUCTION.

THANK YOU.

SURE, WELL, THANK YOU, COMMISSIONER.

THANK YOU.

COMMISSIONER PLACKO, ARE YOU WRITING NOTES TO SPEAK OR NO? OK, SO I THINK IT'S A GREAT PROJECT.

I HAVE A COUPLE OF QUESTIONS.

ARE THERE SOUND BARRIERS, ESPECIALLY FOR THE NORTHERN PART OF THE COMMUNITY AND THEN TO THE WEST AS WELL, AND THEN, WHAT SECURITY OR STRONGER WALLS, IF ANY, BARRIERS ARE PUTTING UP ON THE EAST SIDE OR IS THAT NOT YET AVAILABLE, BECAUSE THIS IS CONCEPT? THIS IS CONCEPT, BUT--I'LL GO IN ORDER OF YOUR QUESTIONS--WITH THE SOUND BARRIERS WE'RE WORKING AND MBR HAS PUT TOGETHER A LANDSCAPE DESIGN ALONG THAT FENCE AND IT WILL THICKEN THE LANDSCAPING ALONG THAT NORTH SIDE TO PROVIDE THAT BUFFER.

AND I HAD TOLD YOU ABOUT THE AMPHITHEATER WITH THE WAY THEY'VE DESIGNED THE LAYOUT OF THE SPEAKERS AND HOW THAT SOUND WILL TRAVEL.

THERE'S GOING TO BE SOME FENCING PLACED.

WE'RE NOT GOING TO FENCE OFF THE ENTIRE EAST SIDE, BUT WE'LL WORK WITH BROWARD COUNTY OR THE CITY OF FORT LAUDERDALE, I'M SORRY, WITH THEIR FENCING ALONG THAT EAST SIDE.

I APPRECIATE THAT BECAUSE I KNOW THAT THERE ARE SOME ISSUES THAT WE HAVE IN THAT PARK.

DO YOU SEE THAT AREA? AND THERE'S ALSO A BEAUTIFUL REALLY OLD TREE TO THE NORTH OF THE PARK THAT ACTUALLY IS MOSTLY ON A RESIDENT'S PROPERTY THAT PROBABLY GOES ON TO OURS AND HOPEFULLY THAT'LL BE PROTECTED.

SO, AS YOU KNOW, AND I'VE ALWAYS WANTED PADDLE BOATS AND SOME KIND OF KAYAKS IN THERE AND THINK IT'S A LOT OF FUN, I GOT THE ANSWER TO MY QUESTION THAT PEOPLE WILL BRING THEIR OWN.

MY QUESTION, THOUGH, IS THERE GOING TO BE ROOM IN CASE THERE IS FUTURE ANTICIPATED GROWTH WHERE THE CITY MIGHT BE HAVING THEIR OWN PADDLE BALL BOATS OR KAYAKS? AND IF SO, WHERE WE'D BE ABLE TO STORE THEM FOR THE FUTURE? WE HAVE ACTUALLY HAD SOME VENDORS CONTACT ME ABOUT ALMOST SIMILAR TO THE BIKE PROGRAM, WHERE THEY HAVE THE BIKES STATIONED AT DIFFERENT LOCATIONS AND YOU CAN PAY FOR THEM THROUGH A MEMBERSHIP, THAT TYPE OF THING.

I'VE HAD ONE VENDOR CONTACT ME ABOUT THAT.

WE WILL LOOK INTO THOSE OPPORTUNITIES WITH VENDORS TO BE ABLE TO PROVIDE BOATS AND ACTIVITIES.

I'M JUST NOT SURE HOW MUCH INTEREST THERE WILL BE, BUT WE WILL CHECK INTO IT.

THERE MAY NOT BE IN THE VERY BEGINNING, BUT ONCE PEOPLE START SEEING EVERYBODY HAVING A GOOD TIME AND PADDLING OUT THERE, IT'LL BE SIMILAR TO SOME OF THE PARKS THAT ARE IN NEW YORK THAT HAVE THEM--WE HOPE IT DEFINITELY [INAUDIBLE]--CONFIDENT OUR PARKS ARE WONDERFUL.

YOU SAW THE SURVEY WE SAW ON MONDAY, RIGHT? YES.

YEAH.

SO THE OTHER QUESTION WOULD BE MAKING SURE THAT THERE'S COMMUNITY ENGAGEMENT, I KNOW

[02:30:03]

COMMISSIONER BOLTON WILL DO IT, BUT MAKING SURE THAT THERE'S ENOUGH TIME FRAME BEING GIVEN TO MAKE SURE THAT THE COMMUNITIES ARE AWARE WHEN THERE'S GOING TO BE NOISE AND CONSTRUCTION THAT'LL BE OUT OF SOURCE IN THAT COMMUNITY BECAUSE IT'S NORMALLY QUIET, ESPECIALLY THAT PARK FOR EVERYBODY HAS BEEN USED TO BEING A QUIET PARK.

WE'RE ANTICIPATING EVERYBODY USING IT, BUT ALSO WITH THE CONSTRUCTION ISSUES THAT'LL GO THROUGH.

SO PLEASE MAKE SURE THAT HE'S AWARE OF IT AND THE REST OF US ARE AS WELL.

SURE.

THANK YOU.

SEEING THAT THERE'S NOTHING ELSE PLEASE CALL THE ROLL.

MAYOR GOMEZ, YES, VICE MAYOR VILLALOBOS YES, COMMISSIONER GELIN, YES.

COMMISSIONER PLACKO, YES.

COMMISSIONER BOLTON YES.

MOTION PASSES UNANIMOUSLY FIVE TO ZERO.

THANK YOU.

THANK YOU VERY MUCH.

THANK YOU.

[INAUDIBLE] WE ARE NOW GOING TO GO TO FIVE 5CTR13707,

[5.c. TR13707 - Resolution Supporting the Efforts of the Public Rights Project and the Southern Poverty Law Cente]

RESOLUTION SUPPORTING THE EFFORTS OF THE PUBLIC RIGHTS PROJECT AND THE SOUTHERN POVERTY LAW CENTER.

CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD, YES, MADAM MAYOR, MEMBERS OF THE COMMISSION, RESOLUTION IS THE CITY COMMISSION CITY OF TAMARAC FLORIDA, SUPPORTING THE EFFORTS OF THE PUBLIC RIGHTS PROJECT AND THE SOUTHERN POVERTY LAW CENTER TO DECLARE AS UNCONSTITUTIONAL THE PROVISIONS OF CHAPTER 21-6 LAWS OF FLORIDA, ALSO KNOWN AS HOUSE BILL ONE OR HB ONE THAT INTERFERE WITH THE FLORIDA MUNICIPALITIES ABILITY TO ADOPT THE OPERATING BUDGET OF THE MUNICIPALITIES, LAW ENFORCEMENT AGENCY PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU, I NEED A MOTION AND A SECOND.

MOTION TO APPROVE.

SECOND.

I WILL OPEN THE FLOOR FOR PUBLIC COMMENTS, IS THERE ANYONE WHO WISHES TO MAKE A COMMENT ON THIS MATTER? YOUR NAME AND ADDRESS, IF YOU WOULD PLEASE, AND IF NOT THE ADDRESS, AT LEAST THE CITY AND WHERE YOU LIVE.

MEL YODER, KING'S POINT, I THINK WE ALL KNOW WHY THIS BILL IS HERE.

WE'VE SEEN OVER THE PAST YEARS THE CRIME, INCREASING CRIME, VIOLENCE AND DECAY IN A LOT OF THE CITIES THAT BESIDES THERE OTHER PROBLEMS HAVE EMBRACED THE DEFUND THE POLICE OR REIMAGINE THE POLICE OR REALLOCATE THE RESOURCES TO THE POLICE.

WE'RE SEEING PEOPLE LEAVE THESE TOWNS TO GO SOMEWHERE WHERE THEY FEEL SAFER.

NOW, I DON'T LIKE BEING TOLD BY SOMEBODY THREE OR FOUR HUNDRED MILES AWAY WHAT WE CAN AND CANNOT DO.

I DON'T CARE IF YOU VOTE FOR THIS, BUT I THINK YOU SHOULD GUARANTEE THE RESIDENTS OF TAMARAC THAT YOU ARE NOT GOING TO TAKE AWAY THEIR SAFETY.

YOU'RE NOT GOING TO DEFUND THE POLICE AND THAT OTHER CITIES AROUND US ARE NOT GOING TO DO THE SAME.

I LOVE TAMARAC, LOVE BEING HERE.

I DON'T WANT TO HAVE TO MOVE AWAY.

THANK YOU.

THANK YOU, MR. YODER.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK ON THIS MATTER? SEEING NONE.

PUBLIC COMMENTS ARE NOW CLOSED.

I'LL OPEN UP COMMENTS FOR THE BY THE COMMISSION.

VICE MAYOR, YEAH, THANK YOU.

THIS IS FOR THE CITY ATTORNEY THROUGH THE CHAIR JUST TO CONFIRM WE AS IT WAS STATED IN THE WORKSHOP, BY COMMISSIONER PLACKO WE ARE HAVING I MEAN, WE DO HAVE A CONTRACT WITH BSO.

WE HAVE NOTHING TO DO WITH, YOU KNOW, WE'RE NOT GOING TO BE DEFUNDING THE POLICE THROUGH BSO BECAUSE WE DO HAVE A CONTRACT WITH THEM AND TO BE A SOLD THROUGH MANY MUNICIPALITIES AS WELL, EXCEPT FOR CORAL SPRINGS AND SUNRISE I BELIEVE AND PLANTATION THAT ARE NEXT TO US.

THERE ARE 13 CONTRACT CITIES WITH BSO.

OKAY.

AND CAN YOU JUST CLARIFY, FOR THE RECORD, WHAT EXACTLY MS. BACARDI WAS SPECIFYING WHEN SHE WANTED OUR SUPPORT FOR THIS? I KNOW IT WAS NOT TO DEFUND THE POLICE, BUT IT WAS MORE IN THE LINE OF SUPPORTING THEIR CAUSE FOR WHAT EXACTLY? THE PURPOSE OF THE CONVERSATION THAT TOOK PLACE AT THE WORKSHOP WAS TO SUPPORT THE EFFORTS TO ROLL BACK THE EROSION OF THE HOME RULE POWERS OF FLORIDA MUNICIPALITIES.

THAT'S IT.

OKAY.

YEAH, BECAUSE I'M VERY AGAINST WHAT HAPPENED IN A FEW CITIES AND AS WELL AS MIAMI WHEN THEY WERE WHEN, YOU KNOW, MIAMIANS WERE AND OTHER PEOPLE FROM OTHER CITIES

[02:35:03]

WERE GOING ON THE HIGHWAY AND BLOCKING ROADS AND BLOCKING STREETS, BREAKING INTO STORES.

BUT THIS DOES NOT TALK ABOUT THAT.

SO THIS IS JUST A MATTER OF PROTECTING HOME RULE.

SO JUST WANTED THAT FOR THE RECORD.

AND TO ALSO CLARIFY FOR YOU, SIR, THAT IT'S NOT ABOUT DEFUNDING THE POLICE.

DEFINITELY NOT BECAUSE I THINK WE'LL HAVE BIGGER PROBLEMS. THANK YOU, VICE MAYOR.

GO AHEAD COMMISSIONER, GELIN.

CITY ATTORNEY, CAN YOU JUST CLARIFY WHAT HOME RULE IS FOR THOSE IN THE AUDIENCE WHO MAY NOT KNOW? YES.

AND WHEN THE CURRENT FLORIDA CONSTITUTION WAS ADOPTED IN 1968 THERE WAS A BROAD PROVISION INCLUDED IN THAT IS NOW CODIFIED IN CHAPTER 166 BOARD STATUTES THAT BASICALLY GIVES MUNICIPALITIES ALL THE POWERS THAT THE STATE CAN EXERCISE UNLESS THE STATE HAS PREEMPTED OR OTHERWISE LIMITED THE ABILITY OF THE GOVERNMENT OF THE LOCAL GOVERNMENTS TO LEGISLATE OR TAKE ACTION CERTAIN SUBJECTS.

WHAT HAS HAPPENED CERTAINLY IN THE LAST 10 YEARS AND MAYBE EVEN ACCELERATED IN MY OPINION IN THE LAST THREE YEARS, IS REPEATED LEGISLATION BEING ADOPTED IN TALLAHASSEE ACROSS A BROAD RANGE OF SUBJECT MATTERS WHERE THE ESSENTIALLY TALLAHASSEE SAYING WE KNOW BETTER THAN WHAT YOU ALL KNOW ABOUT YOUR WHAT, YOUR LOCAL COMMITTEES, YOUR LOCAL COMMUNITIES NEED, AND WE'RE TELLING YOU HOW YOU CAN RUN YOUR LOCAL MUNICIPALITIES AND THAT IS AN EROSION OF YOUR HOME RULE POWERS.

EVERY TIME THEY TAKE A BITE OUT OF THAT AND THEY SAY WE ARE GOING TO TELL YOU YOU CAN'T DO THIS.

THANK YOU, COMMISSIONER PLACKO.

YES.

MR. HERRON, CAN YOU PLEASE GIVE US YOUR OPINION THE LAWSUIT? YEAH.

I HAD AN OPPORTUNITY AFTER THE WORKSHOP AND I HAVE SHARED THIS INFORMATION WITH EACH ONE OF YOU INDIVIDUALLY WITH MR. MILLER, WHO IS ONE OF THE SPEAKERS DURING THE PRESENTATION, DURING THE WORKSHOP.

AND WE WENT THROUGH THE STATUTE AND THE CONCERNS THAT I HAD SPECIFIC TO TAMARAC.

AND THE BOTTOM LINE IS, IS THAT IN MY OPINION, THE LANGUAGE IN THE STATUTE ONLY APPLIES TO MUNICIPALITIES THAT HAVE THEIR OWN POLICE DEPARTMENT, AND THAT'S NOT THE SITUATION WE FIND OURSELVES IN.

AND SO I THINK IT'S A WHILE I APPLAUD THE END RESULT THAT THEY'RE SEEKING.

I BELIEVE THAT IT IS A POOR VEHICLE FOR THE CITY OF TAMARAC TO BE A NAMED PLAINTIFF TO SEEK THAT END RESULT BECAUSE WE DON'T FIT THE FOUR CORNERS OF THE STATUTE.

AND I BELIEVE THAT IF THE CITY WERE TO PARTICIPATE, IT WOULD LIKELY BE THE SUBJECT AND I WOULD VENTURE TO GUESS, IN MY PROFESSIONAL OPINION IS SUCCESSFUL, MOTION TO DISMISS THE CITY IS FOR LACK OF STANDING AND ALSO POTENTIALLY FOR THE CLAIM NOT BEING RIGHT.

THANK YOU.

THANK YOU, AND I AGREE WITH THE CITY ATTORNEY, I BELIEVE I MADE THOSE COMMENTS MONDAY.

I APPRECIATE THE EFFORT THAT YOU'VE MADE.

MR. HERRON TO MEMORIALIZE WHAT THIS COMMISSION HAS BEEN SAYING, WHICH IS BASICALLY WHAT THE RESOLUTION WE'RE ABOUT TO VOTE ON, IS THAT WE SUPPORT HOME RULE AND WE DO NOT SUPPORT STATE GOVERNMENT TRYING TO TAKE THAT AWAY FROM US AND GIVING US PENALTIES FOR WHEN WE ARE TRYING TO DO WHAT WE KNOW IS BEST WHEN IT COMES TO OUR POLICE ENFORCEMENT.

AND BASICALLY, IN GENERAL, ANY OF OUR HOME RULE POWERS.

SO THAT IS WHAT HAS BEEN MODIFIED AND A NEW RESOLUTION WAS POSTED AFTER THE MEETING ON MONDAY.

SO IF THERE'S NOTHING FURTHER, THEN PLEASE CALL THE QUESTION.

MAYOR GOMEZ.

ACTUALLY, I'M GOING TO JUST REDO THIS BECAUSE IT'S GOING TO BE THAT THIS COMMISSION IS VOTING ON TEMPORARY RESOLUTION 130707.

AND WHAT THIS COMMISSION IS VOTING ON AT THIS TIME, IT'S A CITY OF TAMARAC'S RESOLUTION.

THAT WAS WHAT, CORRECT? OK.

THE ONE THAT WAS READ INTO THE TITLE? CORRECT IS THE TITLE, BUT I THINK OUR RESOLUTION NUMBER WAS MISSING, SO I JUST WANT TO MAKE SURE THAT THERE'S NO QUESTION ABOUT IT.

MAYOR GOMEZ, YES, COMMISSIONER PLACKO, YES, COMMISSIONER BOLTON, NO.

[02:40:04]

COMMISSIONER GELIN, YES, AND VICE MAYOR VILLALOBOS YES.

A MOTION PASSES FOUR TO ONE.

THANK YOU.

WE ARE NOW MOVING TO ORDNANCES ON FIRST READING, WE ARE AT 6A202484 AMENDING

[6.a. TO2484 - Amending Ordinance 2021-023 FY 2021 Operating and Capital Budget]

ORDINANCE 2021-023, FY 2021 OPERATING AND CAPORELLA BUDGET.

CITY ATTORNEY TO PLEASE READ THE TITLE FOR THE RECORD.

YES, MADAM MAYOR, MEMBERS OF THE COMMISSION, AN ORDINANCE CITY COMMISSIONER, THE CITY OF TAMARAC, FLORIDA AMENDING ORDINANCE 2021O23 WHICH AMENDED THE CITY OF TAMARAC OPERATING BUDGET, REVENUES AND EXPENDITURES, THE CAPORELLA BUDGET AND THE FINANCIAL POLICIES FOR THE FISCAL YEAR, 2021.

BY INCREASING THE TOTAL REVENUES AND EXPENDITURES BY A TOTAL OF EIGHT MILLION NINE HUNDRED AND THIRTY THOUSAND NINE HUNDRED NINE ONE THREE THREE ZERO ZERO AS DETAILED IN ATTACHMENT A.

ATTACHED HERETO AND SUMMARIZED IN ATTACHMENT B.

PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE.

THANK YOU, I NEED A MOTION AND A SECOND.

SO MOVED.

SECOND.

THANK YOU.

MS. CAJUSTE IS HERE TO ANSWER ANY QUESTIONS AS NECESSARY.

VICE MAYOR IS THAT A QUESTION HERE, OR IS THAT JUST LEFT OVER? NO.

OK.

COMMISSIONER GELIN HAS A COMMENT.

FIVE MINUTES.

YOU KNOW, WHY WASN'T THIS EIGHT MILLION DOLLARS INCLUDED IN THE ORIGINAL BUDGET? WE JUST APPROVED THE BUDGET LAST MONTH AND A MONTH LATER.

NOW WE'RE ASKING FOR ADDITIONAL FUNDS.

MS. CAJUSTE.

CHRISTINE CAJUSTE, DIRECTOR OF FINANCIAL SERVICES, COMMISSIONER GELIN, I'M SORRY, I DID NOT HEAR YOUR QUESTION.

I WAS ASKING WHY THIS $8 MILLION REQUEST WASN'T INCLUDED IN THE BUDGET THAT WE JUST PASSED A MONTH AGO.

BECAUSE THIS WAS EXPENDITURES FOR FISCAL YEAR 2021 AND THE BUDGET THAT WE JUST APPROVED IS FOR FISCAL YEAR 2022.

SO THIS IS FOR ACTIVITIES THAT TOOK PLACE PRIOR TO SEPTEMBER 30, 2021.

SO WE EXCEEDED THE 2021 BUDGET.

YES.

OK.

AND CITY ATTORNEY, CAN YOU EXPLAIN WHY YOU NEED AN ADDITIONAL $200000 FOR YOUR SERVICES? 196.

I BELIEVE THAT THOSE ARE PRIMARILY AND I'LL DEFER TO MS. CAJUSTE, BUT MY CONVERSATION [INAUDIBLE] IS THOSE ARE SIGNIFICANTLY ATTRIBUTABLE TO MY PREDECESSORS, NOT TO ME.

IT'S COLLECTIVELY THE SERVICES FOR THE ATTORNEYS FOR THE ENTIRE YEAR.

WE HAD THREE ATTORNEYS, CITY ATTORNEYS IN FISCAL YEAR 2021.

WE HAD GOREN FROM OCTOBER TO JANUARY AND THEN FROM JANUARY TO MAY, WE HAVE [INAUDIBLE].

AND THEN FROM MAY TO SEPTEMBER, WE HAD FOX ROTHSCHILD.

SO IN THAT MIX, WE ALSO HAD SOME OUTSIDE ATTORNEYS AS WELL.

AND IN THAT MIX, WE HAD ABOUT TWO HUNDRED AND TWENTY THOUSAND TO GO AROUND.

WE HAD 300 THREE THOUSAND TO HANS TONIGHT AND WE HAD TWO HUNDRED TWENTY SEVEN THOUSAND TO FOX ROTHSCHILD.

SO THAT CAUSED THE BUDGET TO GO A LITTLE ABOVE WHAT WE HAD BUDGETED, AND WE PUT A LITTLE CUSHION IN THERE FOR ANY OUTSTANDING INVOICES THAT WE MAY NOT HAVE YET RECEIVED BECAUSE WE WANT TO MAKE SURE THAT WE HAVE APPROPRIATED PROPERLY WHAT WE NEEDED FOR THE FISCAL YEAR.

DID WE PAY ANY AMOUNT TO THE SPECIAL COUNSEL IN THAT PLANE YEAR AND FOR THE 2021 BUDGET? WHAT SPECIAL COUNSEL? THE MAX? WHAT'S HIS NAME? YEAH, WE DID.

WE PAID ABOUT $8000 TO THAT ATTORNEY.

OK.

AND WHEN WERE THE ARP FUNDS GIVEN TO THE CITY OF TAMARAC? THAT WAS IN JUNE.

IN JUNE? YES.

FOR TWENTY TWENTY ONE? YES.

AND THIS IS WHAT'S INCLUDED IN THIS $8 MILLION IS THAT THE FIRST HALF OR THE SECOND HALF OF THE ARP, THE FIRST HALF? OK.

SO WHY WAS OK? OK, I GOT IT ALL RIGHT.

AND WHAT ARE THE PLANS FOR THE FIVE POINT FOUR MILLION AARP FUNDS? WE LOOKED AT ALL THE CATEGORIES THAT WE COULD SUPPORT IN TERMS OF THE GRANTING OF THE FUNDS AND THERE ARE SPECIFIC CATEGORIES.

SO THE CATEGORY THAT WE SAW THAT WE WERE ABLE TO COLLECT THE FUND HONOR WAS LOST REVENUE AND THAT LOST REVENUE CATEGORY ENABLES US TO RECEIVE THE 5.4 MILLION.

AND THE CAVEAT WAS ONCE WE RECEIVED THAT 5.4 MILLION FOR LOST REVENUE, WE COULD THEN USE IT TO COVER OUR GOVERNMENT SERVICES.

SO WE OPTED TO COVER A PORTION OF OUR POLICE SERVICES WITH THE $5.4

[02:45:04]

MILLION FROM THE ARPA FUND.

OK.

AND THEN I'M NOT SURE IF THIS IS FOR FORMER CHIEF SALES OR FOR THE NEW CHIEF, BUT WHY, WHAT CAUSED THE FUNDS AND THE FIRE FUNDS TO GO OVER BUDGET? I'M NOT SURE THAT'S FOR YOU.

YES, I CAN ANSWER THAT.

SO, SO A LOT OF IT HAD TO DO WITH COVID 19, WHERE THERE WAS EXCESS OVERTIME IN FIRE.

THERE'S ALWAYS A LOT OF OVERTIME IN FIRE.

BUT THIS...

IS THAT AN INDICATION THAT WE'RE UNDERSTAFFED IN FIRE? TYPICALLY, NO.

HOWEVER IF..

I HEARD A LAUGH.

BECAUSE IT WILL BE A TRADEOFF BETWEEN HAVING MORE STAFF AND JUST DOING OVERTIME, SO THERE'S ALWAYS A BALANCE AND THERE'S ALWAYS ANALYSIS FROM THE FIRE DEPARTMENT AS TO WHETHER THE OVERTIME IS SO MUCH THAT IT WARRANTS NEW STUFF OR WE CONTINUE TO PROVIDE FOR FOR OVERTIME WITH THE EXISTING THREE SHIFTS THAT WE HAVE AND THE EXISTING MANPOWER THAT WE HAVE.

WHAT HAPPENED IN 2021 WAS THAT WE HAD TO INCREASE THE AMOUNT OF OVERTIME BECAUSE OF ALL THAT'S HAPPENING WITH COVID 19.

WE NOT ONLY HAD MORE OVERTIME, BUT WE HAD TO INCREASE THE AMOUNT OF HOURS THAT IS USUALLY GIVEN PER SHIFT FOR OVERTIME TO THE FIREFIGHTERS.

WE HAVE WE ARE WE HAVE ABOUT 800, I'M SORRY, LOOK AT THE NUMBER..

SO THE ENTIRE EIGHT HUNDRED AND FORTY SIX THOUSAND IS JUST FOR OVERTIME AND ADDITIONAL HOURS, MOSTLY.

BUT I ALSO WANTED TO POINT OUT THAT WE ALSO GOT REFUNDS REIMBURSEMENTS FROM BROWARD COUNTY THAT COVERED A LOT OF THIS ABOUT 636000.

WE WERE REIMBURSED BY BROWARD COUNTY UNDER THE WELL.

IT WAS ORIGINALLY THE CARES ACT FUNDING.

IT TURNED OUT TO BE LOCAL FUNDING AND THAT THOSE FUNDS WERE ALSO PLACED IN A FIRE FUND.

SO THAT KIND OF COVERED A LOT OF THE 800000 THAT WE THAT WE WENT OVER BUDGET.

AND DO WE ANTICIPATE GOING OVER OURS FOR THE TWENTY TWENTY TWO YEAR? FIRE.

I WANT TO SAY NO.

I WOULD SAY NO BECAUSE WE TRIED TO DO OUR ANALYSIS AND ANTICIPATE WHAT WE THINK WOULD MOST LIKELY OCCUR WHEN WE DO OUR ESTIMATES.

OKAY.

AND LET ME JUST READ THE STATEMENT AND HELP ME UNDERSTAND IT, IT SAYS FIRE RESCUE OPERATIONS, REGULAR SALARIES AND WAGES 300000 INCREASES OVERTIME PREMIUM ONE HUNDRED THOUSAND INCREASES OVERTIME, STRAIGHT FOUR HUNDRED AND FORTY SIX THOUSAND INCREASES APPROPRIATION FROM FUND BALANCE EIGHT HUNDRED FORTY SIX THOUSAND IN THE FIRE RESCUE FUND.

SO IT'S A THREE HUNDRED THOUSAND REGULAR HOURS AND THEN A TOTAL OF FIVE HUNDRED AND FORTY SIX THOUSAND IS JUST OVERTIME.

IS THAT IS THAT CORRECT, MY UNDERSTANDING, IT'S MY UNDERSTANDING, CORRECT OR INCORRECT? YES, YES.

YES.

YES.

OK.

ARE WE HIRING ANY FIREFIGHTERS IN 22? WE HAVE NO NEW POSITIONS, NO, NO, NO NEW POSITIONS FORECASTED FOR FIRE FIGHT.

I SAW FIVE GO UP.

SO I'M CONFUSED.

I'M SORRY.

I SAW THEM SAY FIVE OR HOLD UP FIVE FINGERS.

NEW POSITIONS.

YES, PLEASE.

OH, I'M SORRY ABOUT THAT.

PERCY SALES.

WHATEVER YOUR TITLE YOU WANT TO CALL ME.

YOU'RE GOTTA TO SAY SOMETHING FOR THE RECORD.

FOR THE RECORD, THE I AM THE FIRE CHIEF, BUT ALSO THE ASSISTANT ACTING ASSISTANT CITY MANAGER.

IN TERMS OF HIRING, WHAT CHRISTINE IS SAYING IS CORRECT.

WE'RE NOT HIRING NEW POSITIONS, BUT WE HAVE VACANCIES THAT NEED TO BE FILLED.

SO WE'RE ACTUALLY IN THE PROCESS OF THAT.

I THINK TOMORROW WE HAVE AN ENTRY LEVEL TEST AND THIS WEEK WE'VE BEEN TESTING.

SO IT'S FOR FIVE POSITIONS THAT ARE VACANT.

SO WE'RE SHORT FIVE STAFF NOW THEN.

WELL, NOT ONLY THE OVERTIME HAS A LOT TO DO WITH THE COVID.

YOU KNOW, WE RAN THAT VACCINATION SITE AND, YOU KNOW, WE DON'T HAVE EXTRA FIREFIGHTERS THAT ARE HANGING AROUND AT THE FIRE STATION.

SO ALL OF THOSE FOLKS THAT WERE AT THAT VACCINATION SITE WERE ON THEIR DAYS OFF.

SO WE HAD TO PAY THEM OVERTIME.

WE'RE, YOU KNOW, TO COVID, WE DID SURFSIDE.

WE DID, THERE'S A WHOLE HOST OF THINGS THAT WE DID, BUT WE DID VACCINATING HOLOCAUST VICTIMS. WE DID WORLD WAR TWO RETIREES.

SO ALL OF THE, YOU KNOW, WE GOT REALLY GOOD SURVEY RESULTS BACK HOW GREAT THE

[02:50:02]

CITY DID WITH COVID 19.

BUT WHEN YOU WHEN THAT MEANS THERE'S GOT TO BE BOOTS ON THE GROUND AND THOSE BOOTS ON THE GROUND TO WEAR THE FIREFIGHTERS.

SO IT TOOK A BIT TO MEND TO STAFF ALL OF THAT, OK.

AND THEN YOU SAID THE MAJORITY OF THAT WAS COVERED BY SOME FEDERAL FUNDING.

WELL, IT WAS ACTUALLY LOCAL FUNDING.

LOCAL FUNDING, OK.

ABOUT SIX HUNDRED AND THIRTY SIX THOUSAND YES.

OK, SO.

I'M CONFUSED ABOUT THE 800000.

SO THEN, SHOULDN'T IT BE CLOSER TO 200000 OR WE HAVE TO APPROPRIATE THE EXPENDITURE? OK, SO THAT'S SIX HUNDRED THOUSAND WAS IN THE FIRST BUDGET AMENDMENT ON THE REVENUE SIDE.

OK, BUT WE STILL HAVE TO APPROPRIATE FOR THE EXPENDITURE.

SO TO A BALANCE OUT THE BOOKS, YES.

OK.

SO I THINK THAT'S ALL I HAVE.

THANK YOU.

THANK YOU.

THANK YOU.

OK.

CALL THE ROLL.

THANK YOU, MADAM MAYOR.

MAYOR GOMEZ.

YES.

VICE MAYOR VILLALOBOS ,YES.

COMMISSIONER BOLTON, YES.

COMMISSIONER GELIN, YES.

AND COMMISSIONER PLACKO ,YES.

MOTION PASSES UNANIMOUSLY FIVE TO ZERO.

MADAM MAYOR, MAY I ASK? I HAVE AN ITEM ON THE AGENDA 10 A WHERE I HAVE RESIDENTS THAT ARE HERE TO SPEAK AND IT'S LATE AND ONE OF THEM HAS TO GET UP EARLY AND WORK IN THE MORNING.

SO CAN WE MOVE THAT ITEM UP NOW SO THAT PERSON CAN SPEAK AND THEN LEAVE THE COMMISSION MEETING?

[10.a. Discussion and possible direction regarding proposed changes to the Code of Ordinances]

WE CAN MOVE 10 A DISCUSSION AND POSSIBLE DIRECTION REGARDING PROPOSED CHANGES TO THE CODE AND ORDINANCES ONE, NUMBER ONE, CITY ATTORNEY THANK YOU.

AS A BRIEF INTRODUCTION TO THIS MATTER, DURING THE WORKSHOP, THERE'S DISCUSSION AND CONSENSUS TO DIRECT STAFF TO BEGIN THE PROCESS OF AMENDING THE LAND DEVELOPMENT CODE TO RESTRICT AND OTHERWISE PROHIBIT WHAT WAS GENERICALLY REFERRED TO AS PARTY HOUSES IN RESIDENTIAL DISTRICTS AND NOW REFLECT THIS COMMERCIAL ACTIVITY.

AND SO SUBJECT TO THE COMMISSION'S DIRECTION HERE THIS EVENING, WE WILL BEGIN THAT PROCESS.

I DID HAVE A BRIEF CONVERSATION, ACTUALLY NOT A BRIEF CONVERSATION, A CONVERSATION WITH MS. CALLOWAY, AND I THINK I MENTIONED TO THIS MATTER TO YOU ALL AT THE WORKSHOP, THE IDEA THAT WE DO HAVE TO BE COGNIZANT AND KEEP IN MIND THE RECENT CHANGES PREEMPTION BY THE FLORIDA LEGISLATURE LIMITING OUR ABILITY TO REGULATE HOME BUSINESSES.

ALTHOUGH, AS I SAID ON MONDAY, AND I SAY HERE TONIGHT, I FIRMLY BELIEVE THAT THE TYPE OF ACTIVITY THAT YOU ARE DIRECTING US TO CLARIFY AND FURTHER RESTRICT DOES NOT FALL WITHIN THE INTENT AND DEFINITIONS OF A HOME BUSINESS IN THE RECENTLY ADOPTED FLORIDA LEGISLATION.

IF YOU HAVE ANY QUESTIONS HERE TO ANSWER, MS. CALLAWAY CAN ALSO PROVIDE ANY ANSWERS THAT YOU MAY HAVE.

THE EXPRESSIONS ON THE FACES ARE EITHER REALLY TIRED OR THAT WAS AS CLEAR AS MUD.

JUST AS A POINT OF CLARIFICATION, WHAT ITEM ARE WE? WE HAVE MOVED TO 10 A JUST TEMPORARILY OUT OF ORDER TO DISCUSS THE ITEM ON MONDAY'S WORKSHOP.

WE HAD DISCUSSED THIS AND WE HAD DISCUSSED ACTUALLY, AND THERE WAS CONSENSUS COMMISSIONER GELIN WAS NOT AVAILABLE AT THAT TIME, BUT THERE WAS CONSENSUS BY THIS COMMISSION TO HAVE OUR CITY ATTORNEY LOOK IN AND DISCUSS WITH OUR COMMUNITY DEVELOPMENT DIRECTOR.

PARAMETERS IN WHAT COULD BE DONE FOR PARTY HOUSES THAT ARE NOT THINGS LIKE PEOPLE COMING TO THEIR HOME FOR A [INAUDIBLE] OR A PAMPERED CHEF.

IT'S FOR THOSE HOUSES THAT ARE BEING USED AS NIGHTCLUBS THAT ARE GETTING OUT OF HAND WHERE INFRINGING ON THE PEACEFUL USE OF ENJOYMENT OF THE COMMUNITY AROUND IT AND THE ISSUES THAT GO WITH ALL OF THAT, SO WE HAD ASKED OUR CITY ATTORNEY TO LOOK INTO THAT AND COME BACK TO US WITH IT.

SO JUST FOR CLARIFICATION, WHAT DOES YOUR ATTORNEY SAY? MY 10A SAYS DISCUSSION AND POSSIBLE DIRECTION.

OH, GOD.

OK, SO NO, NOT THE SAME THING AS WHAT WE WERE TALKING ABOUT.

YEAH, NO PROPOSED CHANGES TO THE CODE OF ORDINANCES, BUT IT WAS SPECIFICALLY DEALING FOR THE COMMERCIAL ACTIVITIES.

YEAH, THAT IS THAT'S 10 A1.

THAT'S YEAH, YEAH.

[02:55:01]

AM I SEEING COMMISSIONER, BOLTON.

DO YOU HAVE SOMETHING DIFFERENT? YEAH.

ARE YOU IN YOUR PACKET? NO, IT'S THE SAME.

IT'S THE I DON'T KNOW IF YOU GOT THE UPDATED AGENDA.

I'M LOOKING AT THE OLD ONE.

SO LOOK, THIS SHOULD BE THE SAME ITEM OF WHICH WE DISCUSS ON MONDAY.

OK.

OK.

YEAH.

BUT THE OLD ONE DOESN'T HAVE IT.

SO, JOHN, FOR THE BENEFIT, I'M SORRY, THROUGH THE CHAIR, JOHN, FOR THE BENEFIT OF THE RESIDENTS WHO ARE NOT AT THE WORKSHOP MONDAY.

CAN YOU SUMMARIZE WHAT WAS DISCUSSED? AND I WAS UNAVAILABLE AS WELL FOR THIS PART OF THE MEETING.

SO CAN YOU? YES, WITH PLEASURE.

VERY SHORTLY OR QUICKLY.

THE CONVERSATION WAS REGARDING THE COMMENTS THAT WERE THE PUBLIC COMMENTS FROM THE PRIOR MEETING ON THE WEDNESDAY BEFORE, AND THAT THOSE TYPE OF ACTIVITIES WERE AN ISSUE OF CONCERN TO THE COMMUNITY AND TO THIS COMMISSION, AND THAT WE WERE DIRECTED.

OR THERE WAS CONSENSUS TO DIRECT US TO BRING BACK A CHANGE TO THE CODE TIGHTENING IT, MAKING IT HARDER FOR THOSE TYPES OF ACTIVITIES TO TAKE PLACE.

STRENGTHENING THE ENFORCEMENT MECHANISM AGAINST THOSE TYPES OF ACTIVITIES.

AND SO PARTLY BECAUSE OF YOUR ABSENCE, WE AND YOUR REQUEST THAT THIS IS HERE AND THAT'S WHAT WE'RE GOING TO DO UNLESS YOU ALL TELL US DIFFERENTLY.

OK, AND THERE'S CITY LAW SUPERSEDE HOA LAWS OR CAN HOA'S ALWAYS HAVE TIGHTER RESTRICTIONS ON IN THEIR COMMUNITY, THEY CITY THEY WORK TO INDEPENDENT OF EACH OTHER.

THERE IS CASE LAW OUT THERE THAT SAYS THAT HOA RULES ARE ESSENTIALLY A CONTRACT TO WHICH LOCAL GOVERNMENT IS NOT A PARTY.

SO AS A RESULT, THE LOCAL GOVERNMENTS DO NOT HAVE THE AUTHORITY TO ENFORCE PRIVATE RESTRICTIONS IN THE FORM OF ANY BYLAWS OR RESTRICTIVE COVENANTS THAT AN HOA MAY HAVE ADOPTED.

OK.

ALL RIGHT.

CAN WE INVITE THE MEMBERS TO SPEAK? JUST A SECOND, ON A CLARIFICATION FOR THAT, THOUGH, AS WELL.

IT DOES NOT PROHIBIT THE COMMUNITY FROM HAVING ENFORCEMENT POWERS AND TEETH IN THEIR OWN DOCUMENTS FOR THINGS AS LONG AS THEY ARE NOT COUNTER TO WHAT CITY RULES MAY BE.

THAT IS CORRECT.

OK, THANK YOU.

SO WE WILL NOW GO TO PUBLIC COMMENTS ON THE MATTER.

I HAVE EILEEN LIEBERMAN MICHAELSON OR ACTUALLY RICHARD GREENWICH HAD SIGNED UP FIRST.

SO RICHARD.

YES, THAT'S WHY I WAS SAYING I SEE THE WAY IT IS REWRITTEN HERE, AND AS IS COMING UP TO THE PODIUM JUST FOR A COMMENTARY FOR EARLIER NOTED MEANS THAT WE UNDERSTAND THAT THERE'S A PROBLEM AND WE'VE GOT IT WRITTEN DOWN.

YOU KNOW, TYPICALLY WE DON'T RESPOND TO PUBLIC COMMENTS, AND THAT IS THE REASON FOR THE WORD NOTED.

SO NAME AND COMMUNITY FOR THE RECORD, PLEASE.

YES.

GOOD EVENING.

GOOD EVENING.

MY NAME IS RICHARD GREENWICH.

I RESIDE AT 5400 WIDE OAK LANE.

I AM ALSO THE PRESIDENT OF SECTION THREE, WHICH IS ONE OF TWO ESTATE SECTIONS WITHIN WOODLANDS.

AGAIN, GOOD EVENING.

THANK YOU FOR BEING HEARD.

MUCH MORE RELAXED TODAY, BUT NO LESS COMMITTED, FRUSTRATED, ANGRY AND NEED DESPERATELY YOUR HELP.

IN MY COMMUNITY, WE SEEM TO HAVE A BIG PROBLEM.

IT'S BEEN GOING ON FOR MONTHS WHEN THEY FIRST GOT THE LICENSE TO HOLD THESE TYPE OF EVENTS.

THE REASON WHY THEY WERE GRANTED THE LICENSE, MY UNDERSTANDING IS, IS SO THAT THEY WOULD BE ABLE TO USE THIS ADDRESS AS THEIR BUSINESS.

WE DID NOT EXPECT THEM TO CONDUCT THEIR BUSINESS AT THIS ADDRESS.

IT'S DIRECTLY ACROSS FROM MY HOME.

WE HAVE ALL TYPES OF UNDESIRABLES RUNNING IN AND OUT OF THE NEIGHBORHOOD.

THEY PARK FIVE TO SEVEN HUNDRED CARS ON THE GOLF COURSE.

THEY HAVE SPEAKERS AS BIG AS THIS SCREEN.

THEY ALSO HAVE OTHER ACTIVITIES THAT ARE GOING ON THERE THAT NEEDS TO BE ADDRESSED.

THEY DON'T SEEM TO CARE ABOUT LAWS.

THEY SEEM TO BE ABLE TO THINK THAT THEY CAN DO WHATEVER THEY WANT TO DO.

THEY MAKE ADJUSTMENTS TO THEIR HOME WITHOUT PERMITS.

THEY RUN OTHER TYPE OF ACTIVITY OUT OF THE HOME.

THAT IS NOT LEGAL.

BUT YET WE HAVE TO ENDURE THAT.

[03:00:01]

MY PEOPLE ARE BEAT MY DOOR DOWN.

THEY NEED YOUR HELP WHEN BSO CAME OUT.

THEY TOLD ME SINCE WE ARE NOT PART OF THE ASSOCIATION WHOA, THAT THERE'S ABSOLUTELY NOTHING THAT THEY CAN DO.

IMPOSSIBLE, AND IT'S NOT TRUE.

WE NEED YOUR HELP.

OK.

WE DESPERATELY NEED YOUR HELP.

AND THE FINAL THING IS, I FIND IT AMAZING THAT WE CAN GET A SITE PLAN FOR A PARK.

NOISE ORDINANCE, EVERYTHING WITHIN THAT SITE PLAN, BUT WE CAN'T GET A SITE PLAN FROM 13TH FLOOR FOR THE HOMES THAT THEY WANT TO BUILD IN MY COMMUNITY FOR OVER FOUR YEARS.

I FIND THAT ASTONISHING AND DISGUSTING AS WELL.

THANK YOU FOR YOUR TIME.

THANK YOU VERY MUCH.

GOOD EVENING, MAYOR AND COMMISSIONERS.

IT SAYS NOT TOUCH IT.

WANT TO HEAR YOU.

OK.

I WANT TO URGE YOU TO PASS THIS ITEM FOR A COUPLE OF REASONS.

FIRST AND FOREMOST, ONE OF THE PROBLEMS THAT CAME UP IS THAT WHEN BSO RESPONDED TO MR. GREENWICH'S HOUSE, THEY TOLD THEM ALL THEY COULD DO IS ISSUE A TICKET FOR TWO HUNDRED AND FIFTY DOLLARS THAT THEY COULDN'T STOP THE EVENT.

IF YOU LOOK AT THE TABLE OF USES IN THE CITY'S LAND DEVELOPMENT CODE, IT'S VERY CLEAR THAT COMMERCIAL ACTIVITY IS NOT PERMITTED IN RESIDENTIAL DISTRICTS.

YOU ARE PERMITTED TO HANG AN OCCUPATIONAL LICENSE, BUT THE CODE GOES ON TO SAY YOU CAN'T DO ANY SALES OR MARKETING OR RETAIL SALES FROM THAT LOCATION.

WELL, IT'S LIKE A HOME OFFICE, WHICH I THINK IS WHAT MR. HERRON WAS REFERRING TO.

YOUR CODE, THAT'S NOT WHAT THIS IS.

THIS IS A PERSON RUNNING A BUSINESS, ADVERTISING ON INSTAGRAM AND OTHER PLATFORMS SELLING TICKETS.

IT'S DEFINITELY A COMMERCIAL ACTIVITY, AND THIS WILL MAKE IT CLEAR, A, THAT YOU CAN'T HAVE THESE KIND OF ACTIVITIES, WHICH YOUR CODE BASICALLY SAYS WHEN YOU LOOK AT THE TABLE OF USES, YOU CAN'T.

B, IT'LL GIVE ENFORCEMENT POWERS TO THE POLICE TO CODE ENFORCEMENT, THE FIRE DEPARTMENT TO SHUT THE EVENT DOWN, WHICH IS WHAT SHOULD HAVE HAPPENED, NOT JUST A $250 TICKET.

AND IT GIVES THEM FURTHER AUTHORITY THAT THEY CAN IMPOUND VEHICLES, THEY CAN TICKET VEHICLES.

AND SO WE WHOLEHEARTEDLY SUPPORT THIS EFFORT AND WE URGE THE COMMISSION TO DO THE SAME.

THANK YOU.

AND FOR THE RECORD, IT'S EILEEN LIEBERMAN MICHAELSON IN SECTION FOUR OF THE WOODLANDS.

SO THANK YOU VERY MUCH.

AND AS WE HAD NOTED EARLIER, THE COMMISSION HAS ALREADY ASKED OUR CITY ATTORNEY TO GO FORTH AND WORK ON SOMETHING AS SOON AS POSSIBLE.

QUESTION FOR THE CITY ATTORNEY.

GO AHEAD COMMISSIONER GELIN.

THERE WAS A COMMENT ABOUT WHETHER OR NOT BSO CAN RESPOND TO A SITUATION, WHETHER OR NOT A CERTAIN SECTION IS PART OF THE WHOA, IS THERE ANY TRUTH TO THAT? OR CAN BSO RESPOND TO ANY SECTION WITHIN THE WOODLANDS? THEY HAVE THE AUTHORITY AS A LAW ENFORCEMENT AGENCY TO EXERCISE THEIR AUTHORITY ANYWHERE WITHIN BROWARD COUNTY THAT IS THEIR ENTIRETY OF THEIR JURISDICTION.

THEY ARE THE BROWARD COUNTY SHERIFF'S OFFICE.

I CAN'T SPEAK TO THE SPECIFICS BECAUSE I JUST DON'T KNOW ENOUGH INFORMATION.

OK, I'M GOING TO ADD A POINT OF CLARIFICATION THAT, IN OUR COMMUNITY IN THE WOODLANDS, THERE IS A SPECIAL DETAIL THAT I DON'T KNOW IF THAT WAS THE OFFICERS WHO RESPONDED THAT NIGHT, BUT IT CAN'T BE IF DEPUTY MARION WAS THERE BECAUSE SHE'S NOT PART OF THE SPECIAL DETAIL.

SO I THINK SOME PART OF THAT STILL NEEDS TO BE WORKED OUT.

BUT AS YOU MADE YOUR COMMENTS EARLIER? PLEASE KNOW THE CAPTAIN IS ON THE LINE, EVEN THOUGH DEPUTY MARION IS NOT HERE TONIGHT, THE CAPTAIN IS ON THE LINE AND AS I STATED EARLIER, THIS HAS BEEN NOTED AND THEY ARE WORKING ON THINGS.

YEAH, AND I DID SPEAK WITH CAPTAIN CIRMINIELLO TODAY, AND HE HAS THE CONTACT INFORMATION FOR RICHARD AND EILEEN AND WILL SCHEDULE MEETINGS TO DISCUSS EVERYTHING WITH THEM.

THANK YOU.

CORRECT.

COMMISSIONER PLACKO.

I WOULD JUST URGE US TO GET THIS PASSED AS QUICKLY AS POSSIBLE.

THIS HAS BEEN AN ISSUE FOR QUITE SOME TIME, AND I DON'T BLAME THESE RESIDENTS FOR BEING ANGRY.

I WOULD BE GOING NUTS SO AS QUICKLY AS WE POSSIBLY CAN GET THIS IN PLACE, AND LET'S HAVE AS MANY TEETH IN IT AS WE POSSIBLY CAN AND PRETTY SURE THAT THE COMMUNITY ITSELF IS WORKING ON THEIR RULES AND REGULATIONS TO ASSIST AND WHATEVER TEETH CAN BE DONE.

SO THANK YOU VERY MUCH.

WE'RE GOING TO NOW GO BACK IN ORDER TO 7A, OUR PUBLIC

[7.a. TR13698 - Approval to Submit Final Application to Florida Department of Economic Opportunity (DEO) for CDBG-CV Round 2 Funding and Authorize City Officials to Execute Related Documents]

HEARING.

TR13698 APPROVAL TO SUBMIT FINAL APPLICATION TO FLORIDA DEPARTMENT OF ECONOMIC

[03:05:04]

OPPORTUNITY, THE DEO FOR CDBG-CV ROUND TWO FUNDING AND AUTHORIZED CITY OFFICIALS TO EXECUTE RELATED DOCUMENTS.

CITY ATTORNEY, PLEASE READ THE TITLE, FOR THE RECORD.

YES, MADAM MAYOR MEMBERS OF THE COMMISSIONER RESOLUTION, THE CITY COMMISSION, THE CITY OF TAMARAC, FLORIDA, APPROVING THE SUBMISSION, THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, DEO FOR COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS RELIEF FUNDING, CDBG-CV ROUND TWO TOTALING ONE HUNDRED EIGHTY ONE THOUSAND ONE HUNDRED FIFTY SIX DOLLARS FOR ELIGIBLE HOUSING ACTIVITIES, AUTHORIZING THE CITY MANAGER OR APPROPRIATE CITY OFFICIALS TO EXECUTE DOCUMENTS RELATED TO THE APPLICATION PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

THANK YOU VERY MUCH, I NEED A MOTION AND A SECOND.

SO MOVED.

SECOND.

THANK YOU.

MS. MAXINE CALLOWAY IS AVAILABLE TO PROVIDE ANY INFORMATION RELATED TO THE ITEM, IF NEED BE.

SO AT THIS TIME, I'M GOING TO OPEN UP PUBLIC COMMENTS.

IS THERE ANYBODY ELSE WHO WISHES ANYBODY WHO WISHES TO MAKE COMMENTS ON THIS MATTER? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED.

COMMISSIONER GELIN.

THANK YOU.

CAN THE PLANNING DIRECTOR EXPLAIN HOW THESE FUNDS WILL BE UTILIZED? GOOD EVENING, MAXINE CALLOWAY, COMMUNITY PLANNING DIRECTOR FOR THE RECORD, THE FUNDS IN THE TOTAL AMOUNT OF ONE HUNDRED AND EIGHTY ONE THOUSAND ONE FIFTY SIX, WHICH IS OUR APPLICATION AMOUNT, WOULD BE UTILIZED FOR CORONAVIRUS RESIDENTIAL ASSISTANCE PROGRAM.

THIS IS A PROGRAM THAT PROVIDES FUNDING FOR MORTGAGE PAYMENT, RENTAL ASSISTANCE, UTILITY ASSISTANCE AND REHOUSING ASSISTANCE.

HOW MANY RESIDENTS HAVE WE HELPED IN THE PAST WITH THE PAST FUNDS THAT WE RECEIVED? OH, OVER 400 OR SO RESIDENTS? YES.

WHAT'S THE AVERAGE AMOUNT PROVIDED TO RESIDENTS? SO THE GUIDELINES WOULD WOULD STILL REMAIN, WHICH IS $5000 MAXIMUM.

AND SO THAT CAN BE UP TO TWO OR THREE MORTGAGE PAYMENTS OR RENTAL ASSISTANCE UP TO $5000 MAXIMUM.

OK.

AND HOW MANY PEOPLE DO WE ESTIMATE HELPING WITH THIS ONE HUNDRED AND EIGHTY ONE THOUSAND? SO IT ALL DEPENDS ON FOR SOME, IT MIGHT BE TWO THOUSAND ONE THOUSAND UTILITY.

SO.

AND OF COURSE, THERE'S SOME ADMINISTRATIVE STRAIGHT OF COSTS THAT WOULD COME OUT OF THIS AS WELL.

HOW MUCH? HOW DO YOU KNOW HOW MUCH WE'VE DISTRIBUTED SO FAR? IN TOTAL, PRIOR TO.

YEAH.

YES, I DO SO.

AND AS YOU JUST FOR THE RECORD AS WELL, REMEMBER, THE CITY COMMISSION ALSO ALLOCATED $250000 FROM GENERAL FUND FOR THIS PROGRAM.

AND I JUST WANT TO REPORT THAT WE HAVE APPROXIMATELY $20000 REMAINING FROM THAT GENERAL FUND LEFT TO SPEND.

BUT WE SPENT CRF FUNDS, BROWARD COUNTY RESIDENTIAL FUNDS.

WE HAD A LOT OF FUND IN PROGRAM DURING THE COVID PERIOD TO ASSIST RESIDENTS, AND WE SPENT OVER $3 MILLION TOTAL ASSISTING RESIDENTS SINCE 2020.

OK.

AND ONCE THIS IS APPROVED, WHEN WILL THIS NEXT ROUND START FOR? SO WE EXPECT THIS IS JUST TO SUBMIT THE APPLICATION TO THE STATE WE PROJECT.

BY THE END OF THE YEAR OR SO, WE WOULD GET APPROVAL.

WE CAN PROBABLY START ADVERTISING BY EARLY 2022.

OK, THANK YOU.

THANK YOU VERY MUCH.

COMMISSIONER BOLTON.

MS. CALLOWAY, THANK YOU.

GIVING YOU EXERCISES TONIGHT, IT WON'T BE LONG.

THANK YOU SO VERY MUCH FOR YOUR HARD WORK ON THIS.

YOU'LL HEAR ME BEAT THE SAME DRUM EVERY TIME THAT THE MONEY THAT YOU GET SHOULD GO AS FAR AS YOU CAN LET IT GO.

AND YOU KNOW VERY WELL THAT ME BEING HARD ON COMMUNITY DEVELOPMENT IS NOT NECESSARILY MEANING THAT YOU'RE NOT DOING A GOOD JOB.

IT'S BECAUSE MY FORTE IS COMMUNITY DEVELOPMENT AND WE'VE HAD CONVERSATIONS TO THAT END.

AND I JUST WANT TO, YOU KNOW, PUBLICLY SAY THAT I'M HAPPY THAT YOU ARE HERE.

I THINK THAT YOU ARE A CONSUMMATE PROFESSIONAL AND YOU WORK VERY HARD FOR THE CITY.

THERE SHOULD NOT BE ANY DOUBT IN ANYBODY'S MIND THAT YOU ARE A HARD WORKER.

YOU ARE WORKING SO VERY HARD FOR THE CITY, FOR THIS ITEM, FOR ALL OF OUR RESIDENTS.

I JUST WANTED TO PUBLICLY SAY WHAT A WONDERFUL JOB YOU ARE DOING AND SUCH AN AWESOME PERSON.

AND I HOPE YOU KNOW THAT I APPRECIATE YOU VERY MUCH.

[03:10:02]

THANK YOU SO MUCH, COMMISSIONER.

I REALLY APPRECIATE THAT.

THANK YOU FOR YOUR COMMENTS.

YOU'RE WELCOME.

THANK YOU.

CITY CLERK, PLEASE CALL THE ROLL.

MAYOR GOMEZ, YES.

COMMISSIONER GELIN, YES.

COMMISSIONER PLACKO, YES.

COMMISSIONER BOLTON, YES.

AND VICE MAYOR VILLALOBOS.

YES.

THANK YOU.

THE MOTION PASSES UNANIMOUSLY FIVE TO ZERO.

EXCELLENT.

THANK YOU.

CAN I HAVE A POINT OF CLARIFICATION? DID WE GET CONSENSUS ON THAT TYPE ITEM 10 A1.

I DON'T REMEMBER THAT WE DID.

DO WE ACTUALLY HAD IT BEFORE ON MONDAY AND PASSED IT ALREADY, SO WE DID NOT NEED TO GET CONSENSUS AGAIN AND WE VOTED ON IT HERE.

WE HAVE OUR DIRECTION.

WE BASED UPON THE CONVERSATION WHERE WE WILL BEGIN THE PROCESS OF LOOKING AT THE CODE AND MAKING THE APPROPRIATE AMENDMENTS AND BRING IT BACK TO YOU ALL IN ORDINANCE FORM BASED UPON THE POTENTIAL CHANGES THAT WE BE, WE MAY BE MAKING.

IT PROBABLY WILL HAVE TO GO BEFORE THE PLANNING BOARD FIRST BECAUSE IT BE CONSIDERED POTENTIALLY A LAND DEVELOPMENT REGULATION.

AND SO PROBABLY, UNFORTUNATELY NOT TILL EITHER THE LATTER PART OF THIS YEAR OR MAYBE INTO THE FIRST MEETING AND OF THE NEW YEAR, JUST BECAUSE WE HAVE TO COMPLY WITH AND THAT'S THE REQUIRED STATUTORY NOTICE REQUIREMENTS.

THE PUBLIC HEARING REQUIREMENTS? OK, THANK YOU.

THANK YOU.

[8.a. TO2479 - Amendment to the City’s Comprehensive Plan to create a new Property Rights Element as required by Florida Statutes 163.3177(6)(i)/HB59]

WE'RE MOVING TO EIGHT A READING TO2479, AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN TO CREATE A NEW PROPERTY RIGHTS ELEMENT AS REQUIRED BY FLORIDA STATUTES.

163.31776I IS HB59 HOUSE BILL, FIVE NINE.

CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.

MADAM MAYOR MEMBERS OF THE COMMISSION IS AN ORDINANCE THE CITY OF TAMARAC, FLORIDA, ADOPTING WITH CHANGES AN AMENDMENT TO THE CITY OF TAMARAC COMPREHENSIVE PLAN BY AND THROUGH PROCEDURES REQUIRED FOR THE EXPEDITED STATE REVIEW PROCESS PURSUANT TO AUTHORITY UNDER STATE STATUTE.

SECTION 1633184 SPECIFICALLY CREATING A NEW PROPERTY RIGHTS ELEMENT OF THE COMPREHENSIVE PLAN ENTITLED PROPERTY RIGHTS ATTACHED HERETO AS EXHIBIT A.

AUTHORIZING TRANSMITTAL THE ADOPTED PROPERTY RIGHTS SETTLEMENT CONFERENCE PLAN AMENDMENT TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND OTHER AGENCIES REQUIRED BY FLORIDA STATUTES 163 THREE ONE EIGHT FOUR THREE PROVIDING FOR INCLUSION THE COMPREHENSIVE PLAN PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU VERY MUCH.

I NEED A MOTION AND A SECOND, PLEASE.

SO MOVED.

SECOND.

THANK YOU.

MS. CALLAWAY IS AVAILABLE FOR ANY QUESTIONS.

I WILL OPEN THIS UP FOR PUBLIC COMMENTS.

IS THERE ANYBODY WHO WISHES TO MAKE COMMENTS ON THIS ITEM? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED.

VICE MAYOR, DO YOU HAVE A QUESTION? NO, NO.

ALL RIGHT.

SEEING THAT THERE ARE NO QUESTIONS.

CITY CLERK, PLEASE CALL THE ROLL.

THANK YOU, MAYOR GOMEZ YES.

COMMISSIONER BOLTON YES.

MADAM MAYOR VILLALOBOS.

YES.

COMMISSIONER GELIN.

YES.

COMMISSIONER PLACKO.

YES.

MOTION PASSES UNANIMOUSLY FIVE TO ZERO.

THANK YOU VERY MUCH.

WE ARE NOW GOING TO 10, TWO AND THREE, AND I WILL TURN THIS OVER TO THE CITY ATTORNEY.

YES, MADAM MAYOR MEMBERS OF THE COMMISSION, THESE ITEMS WERE ASKED TO BE PLACED ON THE AGENDA BY COMMISSIONER GELIN.

THERE WAS SOME DISCUSSION REGARDING THE ITEMS AT THE WORKSHOP.

AND BASED UPON THOSE CONVERSATIONS AND MY SUBSEQUENT CONVERSATION DIRECTLY WITH THE COMMISSIONER GELIN, IT IS STAFF'S RECOMMENDATION AT THIS POINT BASED UPON ALL THE CIRCUMSTANCES THAT EXIST OUT THERE TODAY, THAT IN LIEU OF ACTUALLY DIRECTING THE MODIFICATIONS TO THE CODE AS SET FORTH IN HERE IS THAT WE WORK WITH COMMUNITY DEVELOPMENT STAFF TO PROVIDE YOU WITH A REPORT AS TO THE IMPACTS ON THIS BECAUSE THERE ARE A COUPLE OF DEVELOPMENT APPLICATIONS THAT WE HAVE TO ESSENTIALLY PROCESS AT SOME LEVEL BECAUSE THEY'RE PART OF THE SALE OF PROPERTY THAT THE CITY OWNS, BOTH ON COMMERCIAL BOULEVARD AND ONE THAT'S GOING THROUGH THE PROCESS OF TRYING TO PUT TOGETHER A PURCHASE SALE AGREEMENT ON UNIVERSITY.

BUT THE POINT IS TO INVOKE ZONING IN PROGRESS AND A MORATORIUM ON ALL DEVELOPMENT APPLICATIONS THAT REQUIRE A PUBLIC HEARING THAT ARE IN THE FORM OF LAND USE MAP AMENDMENT REZONING PENDING THE RESOLUTION OF OTHER ISSUES.

AND TO GIVE US GIVE STAFF THE TIME TO DETERMINE WHAT'S IN THE PIPELINE, WHAT'S NOT IN THE PIPELINE.

AND IT BASICALLY SAYS WE'RE NOT PROCESSING ANY APPLICATIONS AT THIS POINT IN TIME MOVING FORWARD UNTIL THOSE NEW REGULATIONS ARE PUT IN PLACE.

[03:15:02]

SO I HEAR YOU CORRECTLY, THIS LEGAL RECOMMENDATION AND FROM STAFF IS THAT AT THIS TIME, YOU NEED TO DO A COMPREHENSIVE ANALYSIS OF EVERYTHING THAT IS OUT THERE RIGHT NOW AND THEN YOU WILL GET BACK WITH US ON WHICH IS THE BETTER WAY FOR US TO HANDLE THIS MATTER.

WELL, FOR BY SIMPLY DISCUSSING THIS, TECHNICALLY SPEAKING, UNDER FLORIDA LAW, WE ARE INVOKING ZONING IN PROGRESS THAT PUTS EVERYONE ON NOTICE THAT WE ARE IN THE PROCESS OF CONSIDERING ADOPTING THESE REGULATIONS AND THAT THEY MAY BE SUBJECT TO THEM.

WE WILL FORMALIZE THAT IN A DOCUMENT THAT WE'LL BRING BACK TO YOU AND IN A FUTURE MEETING ONCE WE HAVE THAT INFORMATION PUT TOGETHER.

[INAUDIBLE] I DEFER TO MS. CALLAWAY, WE HAD THIS CONVERSATION EARLIER TODAY AND YESTERDAY THERE IS A MECHANISM THE R CODE SPECIFICALLY DOES PROVIDE FOR INVOKING ZONING IN PROGRESS, AND THAT'S WHAT OUR SUGGESTION IS TO DO.

MY UNDERSTANDING OF OUR CONVERSATION WAS THAT MATTERS HAD TO BE ANALYZED AT THIS TIME IN LIGHT OF WHAT WILL BE DISCUSSED AT OUR SHARED SESSION, AND THEREFORE THERE WAS NOT GOING TO BE NECESSARILY A DETERMINATION AT THIS TIME AS TO WHETHER ONE OR THE OTHER WAS GOING TO BE HELD.

WELL, ACTUALLY, WE BELIEVE IN MY CONVERSATIONS WITH MS. CALLAWAY, AS WELL AS WITH MS. GUNN EARLIER TODAY THAT THE INVOKING ZONING IN PROGRESS HAS NO EFFECT AND IN FACT BASICALLY FREEZES EVERYTHING INDEPENDENT OF THE CURRENT LITIGATION AND TO THE EXTENT THAT MAY COME UP DURING THE SHADE MEETING THAT YOU ALL AUTHORIZED US.

AS FAR AS STRATEGY DISCUSSIONS, THAT'S BUT IT DOESN'T NEED TO.

IT'S NOT THE IDEA IS TO KEEP THE MATTER SEPARATE.

SO BASICALLY, WE'RE DONE.

YES.

OK, THANK YOU.

SO AT THIS TIME, WE ARE NOW GOING TO 10B, COMMISSIONER BOLTON, YOU'VE ASKED FOR THE FLOOR.

[Additional Item 1]

YOU KNOW, I THINK WE LEARNED IN KINDERGARTEN, IF YOU'RE GOING TO EAT SOMETHING, YOU GOT TO MAKE SURE YOU'VE GOT ENOUGH FOR THE REST OF THE CLASS.

DO YOU HAVE ENOUGH AT THIS TIME FOR THE REST OF THE CLASS? [INAUDIBLE] I'M SORRY MAYOR IT WAS ONLY CANDIES, I APOLOGIZE FOR THAT.

FIRSTLY, I WANT TO SAY THAT TR13707, I VOTED NO ON THAT I'D LIKE TO CHANGE MY VOTE TO YES.

THAT IS BECAUSE I WAS LOOKING AT MY OLD AGENDA AND NOT NECESSARILY MY NEW AGENDA.

AND IT I DID NOT HAVE ENOUGH INFORMATION TO VOTE YES.

AND ANY TIME I DON'T HAVE ENOUGH INFORMATION TO VOTE YES, I VOTE NO.

AND SO BECAUSE I SAW THE BACKUP INFORMATION, I WAS ABLE TO GO THROUGH IT AND SEE THAT IT WAS THE SAME INFORMATION THAT I WENT OVER WITH THE ATTORNEY TODAY.

MY VOTE WOULD BE YES ON THAT, JUST FOR THE RECORD.

GIVE US ONE SECOND.

I SEE A QUESTION MARK ON OUR CITY CLERK'S FACE, LOOKING OVER TO OUR CITY ATTORNEY ASKING FOR PROCEDURAL ASSISTANCE ON THIS.

IT'S CERTAINLY APPROPRIATE FOR THE COMMISSIONER BOLTON TOTO ACKNOWLEDGE THAT HE MISCAST HIS VOTE, SO THE RECORD WOULD REFLECT THAT ON ITEM ON AGENDA ITEM 5C, THE VOTE WAS APPROVAL FIVE-ZERO AS OPPOSED TO FOUR-ONE.

IS THAT GOOD? ALL RIGHT.

AWESOME.

CAN WE GET THAT FOR THE RECORD, JUST TO READ WHAT TR13707 IS, THE HOME RULE POWERS RESOLUTION AND THE SUPPORTING THE EFFORTS OF THE SOUTHERN POVERTY POVERTY LAW CENTER AND PUBLIC RIGHTS PROJECT TO PROTECT THOSE RIGHTS.

COMMISSIONER BOLTON, OK.

ALL RIGHT, AND THEN UNDER THIS ITEM, JUST A MATTER OF THREE THINGS, FOUR THINGS THAT I WANT TO DISCUSS.

NUMBER ONE.

STILL HAVE A FIVE MINUTE RULE.

HAVE 15 MINUTES BECAUSE I'M PRESENTING.

NO, NO, NO, NO, NO.

15 MINUTES AND EVERYTHING.

COME ON.

I GAVE YOU THE FEW TO FIX YOUR VOTE.

LET'S GO.

15 MINUTES BECAUSE I'M PRESENTING.

I WON'T NEED FIVE MINUTES, BUT BINGO.

THE RULE IS 15 MINUTES.

NO IT'S NOT, GO.

THE RULE IS 15 MINUTES IN PLACE.

[03:20:02]

NO, IT'S NOT.

I'M THE PRESENTER OF AN ITEM.

IT TAKES 15 MINUTES.

ISN'T THAT THE RULE ATTORNEY? ANYWAY, CAN WE MOVE ON, PLEASE? YOU SAID YOU DON'T NEED FIVE MINUTES.

WE'RE GOING TO BE HERE UNTIL MIDNIGHT.

THIS SETS PRECEDENT.

MY UNDERSTANDING OF THE RULE IS AND HISTORICALLY WHAT THIS BOARD HAS DONE OR THIS COMMISSION HAS DONE IS THAT THE IF THERE IS A PRESENTATION, THE PRESENTATION DOESN'T COUNT TOWARD THE FIVE MINUTES.

IS THIS ACTUALLY A PRESENTATION OR IS THIS A QUESTION OF WHAT YOU WANT ON THERE? SO IT'S NOT A PRESENTATION? PLEASE PROCEED COMMISSIONER BOLTON.

WE WANT TO GO HOME.

YEAH.

I JUST WANT YOU TO KNOW THAT I'M NOT LIMITED TO FIVE MINUTES, SO THE PRECEDENCE WON'T-- COMMISSIONER BOLTON, PLEASE PROCEED.

THANK YOU SO MUCH.

ALL RIGHT.

SO IT IS A YEARLY TRADITION FOR ME TO PUT BANNERS UP DURING THE HOLIDAYS, THANKSGIVING, CHRISTMAS AND SO FORTH.

I HAD A CONVERSATION WITH MS. GUNN AND SHE SAID THAT, OH, MAYBE I HAVE TO ASK THE CITY COMMISSION FOR APPROVAL.

I DON'T BELIEVE THAT I HAVE TO ASK THE CITY COMMISSION FOR APPROVAL.

IT IS MY PREROGATIVE IF I WANT TO PUT UP BANNERS THROUGHOUT MY DISTRICT TO HAVE RESIDENTS UNDERSTAND.

MERRY CHRISTMAS, HAPPY HANUKKAH, HAPPY KWANZAA, THANKSGIVING, THAT SORT OF STUFF.

SO I'M JUST ALERTING MY COLLEAGUES THAT BANNERS WILL BE PUT UP.

NOW, IF THERE'S A DISAGREEMENT THAT I DON'T NEED PERMISSION, THEN IT IS MY PREROGATIVE TONIGHT, THEN TO ASK MY COLLEAGUES FOR THAT PERMISSION.

THAT'S ONE.

NUMBER TWO.

SO THE BANNERS WOULD BE ON CITY PROPERTY.

NUMBER TWO, I'LL BE LAUNCHING AN INITIATIVE CALLED MOBILE OFFICE.

SO BASICALLY, I'LL BE GOING TO CAPORELLA PARK AND MAINLANDS PARK TO MEET WITH RESIDENTS, TO TALK ABOUT COMMUNITY ISSUES SO THEY CAN MEET THEIR COMMISSIONER IN THE PARK.

AND SO THERE WILL BE SIGNAGE AT CAPORELLA PARK OR ACROSS THE STREET OR AND AT MAINLANDS PARK SAYING THAT I'LL BE MEETING WITH RESIDENTS BETWEEN JANUARY AND JUNE OF NEXT YEAR TO JUST HAVE A CONVERSATION WITH THEM FOR WHATEVER THEY NEED.

AND THEN, FINALLY, MS. LIEBERMAN CAME BEFORE THE COMMISSION TODAY, AND SHE POURED HER HEART OUT, AND I THINK THAT WHEN RESIDENTS COME TO US FOR US TO TAKE ACTION, WE SHOULD LISTEN TO THEM AND WE SHOULD TAKE ACTION IN THAT MEETING.

AND SO I'M ASKING THE INTERIM CITY MANAGER TO INVESTIGATE, INVESTIGATE THE UNEQUAL TREATMENT THAT SECTIONS THREE AND FOUR RECEIVE FROM BSO ON OCTOBER FIVE AND OCTOBER 11TH.

WITH RESPECT TO VEHICLES PARKED ON THE LAWN AND WHY MR. [INAUDIBLE] WAS TOLD BY BSO THAT HE COULDN'T DO ANYTHING BECAUSE THEY WERE NOT MEMBERS OF THE WHOA, I ALSO WOULD LIKE TO DIRECT THE CITY CLERKS THROUGH THE MANAGER TO OBTAIN THE DISPATCH AND ZONE RECORDS REQUESTED BY MS. MICHAELSON AND PROVIDE THEM TO BOTH MS. MICHAELSON AND MR. [INAUDIBLE] AS QUICK AS POSSIBLE.

THOSE ARE THE ITEMS. THANK YOU FOR YOUR ITEMS, AND AS MENTIONED WHEN MR. [INAUDIBLE] WAS COMING TO SPEAK NOTED MEANT THAT THE PEOPLE WHO WERE TAKING CARE OF IT.

OUR CAPTAIN IS ONLINE AND HE WAS TAKING CARE OF THINGS, SO IT'S NOT AS HIS REQUEST IS NOT BEING TAKEN CARE OF.

CITY INTERIM CITY ATTORNEY, MANAGER, WHATEVER YOU TITLE MS. GUNN WILL BE ASSISTING WITH THE CAPTAIN FOR WHAT NEEDS TO BE DONE AND THE DISPATCH AND ZONE REQUESTED BY MS. MICHAELSON WILL BE PROVIDED TO MS. MICHAELSON AND MR. [INAUDIBLE] BOTH LEADERS, EXECUTIVE TEAM MEMBERS, LEADERS, WHATEVER HAVE THIS IN THERE.

YEAH, WE'LL WORK TOGETHER TO MAKE SURE THAT INFORMATION IS PROVIDED.

POINT OF CLARIFICATION, IF I MIGHT MADAM MAYOR YOU'RE ASKING FOR THE DISPATCH RECORDS ON THOSE TWO PARTICULAR DAYS.

OCTOBER 5TH AND OCTOBER 11TH.

YES.

OK, THANK YOU.

SO THANK YOU FOR SHARING YOUR THOUGHTS ON YOUR EVENTS.

I'M SURE YOUR MOBILE OFFICE WILL BE GREAT AS FAR AS THE BANNERS, THAT'S A TOPIC THAT COULD BE DISCUSSED, I DON'T KNOW IF THE COMMISSION HAS WISHES TO--I SEE

[03:25:06]

COMMISSIONER GELIN'S LIGHT IS LIT UP.

A QUESTION FOR THE CITY ATTORNEY TO CLARIFY IS PERMISSION NEEDED FROM THE COMMISSION FOR COMMISSIONER BOLTON TO PROMOTE THE HOLIDAYS.

THE CODE IS FRANKLY SILENT.

I THINK THE CONCERN OF STAFF, INCLUDING TO SOME DEGREE, MINE, IS THAT IT IS BEING POSTED ON CITY PROPERTY AND THAT, YOU KNOW, NOT NECESSARILY THAT THERE'S PERMISSION, BUT TO MAKE YOU ALL AWARE THAT AND I APPRECIATE THE COMMENTS OF COMMISSIONER BOLTON JUST TO, YOU KNOW, SO EVERYONE'S AWARE THAT'S HAPPENING AND YOU KNOW, I THINK THAT ALL TOO OFTEN SOMETIMES SOMETHING HAPPENS AND ALL OF A SUDDEN, NOT NECESSARILY ME, BUT I THINK STAFF STARTS GETTING CALLS FROM OTHER COMMISSIONERS AND MEMBERS OF THE PUBLIC, HEY, WHAT'S GOING ON? AND SO WE NOW KNOW.

SO IT'S PUBLIC PROPERTY, BUT HE'S ALSO A PUBLIC REPRESENTATIVE OF THE CITY, SO.

AND IF YOU ALL TO THE MAYOR'S POINT, IF YOU ALL WANT TO, YOU KNOW, SAY, HEY, IT'S OK FOR EACH AND EVERY ONE OF YOU TO DO THAT.

THAT'S IT THAT WE UNDERSTAND THAT'S YOUR POLICY OR IF YOU WANT IT TO BE ON A WORKSHOP, IT IS YOUR CITY TO RUN; IT'S YOUR PROPERTY TO REGULATE.

OK, THAT'S ALL I HAD ON THAT ITEM.

AND THEN FOR THE LAST TWO ITEMS, I THINK IT WAS 10 B AND C.

SHOULD WE HAVE OPEN THAT UP FOR PUBLIC COMMENT IN CASE THERE WERE COMMENTS ON THAT? IT'S UP TO YOU ALL.

THERE ARE MEMBERS OF THE PUBLIC.

THERE IS A, YOU KNOW, IT WOULD BE APPROPRIATE IF THEY WANT TO SPEAK AND TO BE ABLE TO COMPLETE THE RECORD.

I DON'T WANT US TO EVER BE ACCUSED OR THAT WE ARE RUNNING AFOUL OF THE STATUTORY PROVISION THAT GIVES EVERY RESIDENT THE OPPORTUNITY TO DISCUSS SOMETHING THAT'S ON THE AGENDA.

OK, SO BEFORE WE GO THERE, WE'RE ROTATING BACK, THE REASON I DID NOT OPEN PUBLIC COMMENTS WAS DUE TO OUR DISCUSSION EARLIER.

THAT SAID, IN LIGHT OF THE LAWSUIT, WE ALL NEED TO BE MINDFUL OF WHAT IS SAID BECAUSE IT COULD BE USED WHICH WOULD INCLUDE OUR PUBLIC.

SO THAT'S WHY I ASKED YOU EARLIER.

I'M SORRY IF I WASN'T CLEAR.

MEMBERS OF THE PUBLIC HAVE THE AUTHORITY UNDER STATE LAW TO SPEAK TO ANY ITEM THAT'S ON THE AGENDA.

YOU ALL THE ADVICE IS THAT WE REFRAIN FROM ANY FURTHER DISCUSSION, AND BUT YOU KNOW.

HYPOTHETICALLY, SOMEONE CAN COME HERE AND SAY, I'M HERE TO TELL YOU ALL THAT THE SKY IS ORANGE.

THAT'S FINE, BUT I WANT IT CLEAR I DID NOT OPEN IT UP UNDER MY UNDERSTANDING OF ADVICE OF COUNCIL.

SO IF WE NEED TO GO BACK TO OPEN IT UP BECAUSE WE DID HAVE TWO MEMBERS HERE OF THE PUBLIC THAT WANT TO SPEAK ON THAT, I'M GOING TO ASK YOU TO HOLD ONE SECOND, WE'LL GO BACK TO IT AS SOON AS WE JUST FINISH ONE TOPIC AT A TIME.

OK, SURE.

SO, VICE MAYOR.

SO THROUGH COMMISSIONER BOLTON, THROUGH THE CHAIR WHO'S PAYING FOR THE BANNERS THAT'S GOING ON CITY PROPERTY? COMMISSIONER BOLTON.

FOR THE THANKSGIVING BANNER, THERE IS NO FISCAL IMPACT BECAUSE I ALREADY HAVE THE BANNER FROM LAST YEAR, I'M JUST GOING TO USE IT AGAIN.

FOR THE HOLIDAY BANNERS, PERHAPS THE CITY NOT SURE AT THIS POINT, BUT MY INITIATIVE FUNDS CAN COVER WHATEVER INITIATIVES I HAVE IN MY DISTRICT SO THAT IS NOT A POINT OF CONTENTION .

AN ANSWER TO GO ALONG WITH CITY ATTORNEY WITH COMMISSIONER GELIN QUESTION, I THINK ANY OF US DIRECTING CITY STAFF TO JUST DO WHATEVER WE WANT THEM TO DO.

I THINK THAT'S WHERE THE QUESTION OF THE PROBLEM CAME FROM.

AND I PRESUME THAT'S WHAT MS. KATHLEEN WAS SAYING, PROBABLY SUGGESTING TO COMMISSIONER BOLTON WHY IT NEEDS TO BE BROUGHT UP TO US BECAUSE IT CAN BE SEEN IN A COUPLE OF WAYS.

SHOULD THE COMMISSION BE THE ENTIRE COMMISSION, IF WE'RE GOING TO BE PUTTING PICTURES ON BANNERS, SHOULD IT HAVE ALL OF US OR SHOULD IT JUST BE THE DISTRICT, YOU KNOW? OR IS IT JUST THE MAYOR WITH THE DISTRICT COMMISSIONER OR JUST ALL THE COMMISSIONERS WITH THE MAYOR? SO I THINK THERE IS JUST NO CLEAR INDICATION AS TO WHO GETS THE BANNER OR WHO DOESN'T GET THE BANNER WHO GETS TO BE ON IT, WHO AND THAT'S REALLY MUCH IT.

OTHER THAN THAT IT WAS JUST I WANTED TO KNOW WHERE THE COST WAS COMING FROM.

[03:30:05]

AND ALONG THOSE LINES, I THINK THAT FROM BANNERS THAT WERE PLACED IN THE PAST, SOME OF THE FEEDBACK THAT WE'VE RECEIVED WAS A CONCERN BY RESIDENTS OF WHO WAS PAYING FOR IT.

WE'RE ALL WELL AWARE OF IT.

SO I THINK THAT IT IS IMPORTANT THAT IF THIS IS SOMETHING THAT YOU WISH TO DO THEN AND YOU'RE THE ONLY FACE THAT WILL BE ON IT IN YOUR DISTRICT, THEN QUITE HONESTLY, IN MY OPINION, IT SHOULD BE COMING FROM YOUR INITIATIVE FUNDS BECAUSE THIS WAY IT IS WHAT YOU'VE DEEMED AS AN INITIATIVE THAT YOU WISH TO DO THROUGH THE CITY.

MY ONLY OTHER CONCERN REGARDING THAT WOULD BE MAKING SURE THAT WE DON'T HAVE ANYTHING ON ANY SIGNAGE THAT WOULD RUN AFOUL OF CHURCH AND STATE.

WHEN YOU DEAL WITH THE HOLIDAYS, YOU NEED TO BE MINDFUL ABOUT CERTAIN THINGS THAT GO ON BANNERS THAT WILL BE ON CITY PROPERTY.

SO THAT IS MY REQUEST FOR YOU, IF YOU'RE GOING TO DO THIS TO PLEASE BE MINDFUL OF AND TALK WITH OUR CITY ATTORNEY ABOUT IT.

OK, I GUESS.

I JUST DON'T WANT TO--GIVE ME A SECOND.

I GUESS THEY'RE GOOD.

OK, OK, GOODNIGHT.

GET HOME SAFELY.

RIGHT.

SO I JUST DON'T WANT THERE TO BE, EACH TIME I'M PUTTING UP A BANNER TO COME TO CITY HALL AND SAY, HEY, I'M GOING TO PUT UP A BANNER, IT'S IT SERVES A PUBLIC PURPOSE.

IT'S IN MY DISTRICT.

RESIDENTS LOVE IT, AND AS A MATTER OF FACT, IT WAS A RESIDENT THAT REMINDED ME TO DO IT BECAUSE THEY'RE WONDERING WHERE ARE THE BANNERS? SO THAT IS WHERE THAT CAME FROM.

SO ONE OF THE REASONS WHY WE HAD THE CONVERSATION MONDAY ABOUT INITIATIVES WOULD BE ONE OF THE REASONS WHY IT WOULD HAVE BEEN SOMETHING YOU COULD JUST BRING OUT AND PUT OUT A LIST.

AND THEN WE KNOW THAT YOU'RE DOING IT.

BUT SO AT THIS POINT, IN ORDER TO GIVE A CLEARER PICTURE TO OUR CITY STAFF AND I THINK COMMISSIONER BOLTON HAS ALREADY NODDED IN THE AFFIRMATIVE THAT HE WOULD DO THIS OUT OF HIS INITIATIVE FUND.

DO WE NEED TO HAVE A CONSENSUS ON IT OR IS THIS CLEAR? WE'RE CLEAR, WE'RE GOOD, WE'RE CLEAR AND GOOD? MY NOTES REFLECT LIGHT UP THE EAST, MAYOR, SO I JUST WANT TO MENTION THAT EVERY YEAR WHEN LIGHT UP THE EAST HAPPENS IN MY DISTRICT, I TAKE A VERY I LIKE THAT INITIATIVE IS IN MY DISTRICT, SO I GO DOOR TO DOOR.

I PRINT FLYERS, I KNOCK ON DOORS.

I TELL PEOPLE, HEY, YOU KNOW, COME TO THE EVENT.

I GIVE STAFF MY OPINION, USUALLY MR. CERNECH, BUT NOW I'LL GO TO MS. GUNN, LAURA GREG, THAT SORT OF STUFF.

SO I JUST WANT YOU TO KNOW THAT I'M GOING TO CONTINUE TO DO THAT.

I DON'T KNOW IF THE COMMISSION KNOWS THAT I ACTIVELY PROMOTE IT EVERY YEAR AND HAVE AN ACTIVE ROLE IN WHAT GOES ON.

I BELIEVE COMMISSIONER BOLTON, WE ARE AWARE OF IT, BUT I ALSO BELIEVE THAT IS A REASON WHY IT WAS PROPERLY BUDGETED THIS YEAR.

SO WHEN YOU ARE DOING IT, IT'LL BE INCORPORATED INTO A TIME FRAME, SO STAFF KNOWS WHAT NEEDS TO BE PREPARED AHEAD OF TIME AND BE ABLE TO HAVE IT RUN SMOOTHLY.

SO.

THANK YOU.

THAT'S IT.

I HAVE ONE MORE COMMENT.

AND I THINK WE ALSO NEED TO BE CAREFUL ON SOMETHING LIKE THIS BECAUSE, FOR EXAMPLE, YOU KNOW, CITY HALL'S IN MY DISTRICT AND CITY HALL HAS THE FRONT BANNERS SECTION WHERE I CAN PUT MY BANNERS.

SO HOW DO WE ADDRESS THAT? YOU KNOW, SO I THINK IT JUST OPENS UP A CAN OF WORMS WHEN WE HAVE THESE TYPE OF SCENARIOS.

AND I DON'T THINK ANYBODY WILL BE AMENABLE FOR ME TO PUT A BANNER TO WELCOME THE HOLIDAYS IN FRONT OF CITY HALL.

VICE MAYOR, I THINK YOU MAKE A GOOD POINT.

AND AT THIS TIME, I'M NOT REALLY SURE IF THIS IS FOR DISCUSSION NOW OR FOR A WORKSHOP DISCUSSION.

I KNOW WE ATTEMPTED TO HAVE A SIGNAGE CONVERSATION.

AND HOW DO YOU WANT TO HANDLE THIS? BECAUSE THERE IS A CONCERN, SO IF COMMISSIONER BOLTON IS GOING TO BE DOING HOLIDAY BANNERS ON HIS SIDE IN DISTRICT ONE FOR CERTAIN ITEMS THAT ARE IN DISTRICT ONE, BUT FOR THE PUBLIC FACILITIES BUILDING IN DISTRICT THREE, AND I'M NOT SAYING I DO, I'M JUST SAYING IT OPENS UP--IT OPENS UP A CONCERN, SO IT NEEDS TO BE DISCUSSED.

RIGHT, AND QUITE FRANKLY, MAYOR, CITY HALL IS NOT IN MY DISTRICT.

I KNOW THE AREAS IN MY DISTRICT WHERE I PUT MY BANNERS.

I'VE ALREADY MADE THAT CLEAR.

IF THE VICE MAYOR WANTS TO PUT A BANNER AT CITY HALL AND IT'S GOING TO BE A POINT

[03:35:01]

OF CONTENTION, THEN MAYBE THAT CAN BE ON A WORKSHOP BECAUSE IT WOULD BE HIS DISTRICT.

WE'RE DEALING WITH MY DISTRICT AND MY ITEM, AND SO FAR I DON'T HEAR ANYBODY ELSE SAYING THAT IS AN ISSUE.

SO, THE HOUR IS LATE; MY BANNERS WILL GO UP, AND THANK YOU SO MUCH.

HE'S ASKING FOR A DISCUSSION ON IT.

REMEMBER, THIS ITEM WAS BROUGHT UP FOR PEOPLE, NOT JUST YOURSELF TO ASK FOR ITEMS TO BE DISCUSSED.

SO I KNOW YOUR NAME'S ON IT, COMMISSIONER, BUT IT'S SUPPOSED TO BE IN THE TOTALITY.

SO THE VICE MAYOR HAS BROUGHT UP AN ITEM THAT HE HAS A CONCERN.

HE'S NOT SAYING HE'S GOING TO DO IT AT THIS POINT IN TIME.

BECAUSE YOU'RE NOT SAYING YOU'RE GOING TO DO IT, IS THIS SOMETHING, YOU--NO, THE POINT IS NOT ME DOING IT.

THE POINT IS THAT IT CREATES A CONCERN; IT CREATES AN ISSUE.

YOU KNOW WHAT ARE WE [INAUDIBLE] TO START PUTTING? VOTE FOR ELVIN VILLALOBOS IN ELECTION TIME WHEN NOVEMBER COMES.

NO, IT DOESN'T MAKE ANY MAKES ANY SENSE.

AND IT'S NOT JUST WE DON'T HAVE PUBLIC PLACES IN DISTRICT FOUR OR IN DISTRICT TWO--MAYBE DISTRICT TWO DOES HAVE SOME AREAS--WHERE THEY CAN DO THAT.

SO, YOU KNOW, WE WANT EQUALITY, WE HAVE ISSUES EQUALITY, EQUITY.

YEAH, FIRE STATION, YOU ALSO HAVE THE PARK, THE RECREATION CENTER.

DISTRICT FOUR ALSO HAS A RECREATION.

I WOULD SUGGEST THAT WE TABLE THIS PARTICULAR REQUEST FOR FURTHER DISCUSSION JUST ON THE BANNERS.

NO, WE'RE NOT DOING THAT.

OK, WELL WE'RE NOT GOING TO ARGUE ABOUT THIS RIGHT NOW.

THE CONVERSATION CAN BE REHEARD AT THIS TIME.

BECAUSE THERE IS LEGITIMATE CONCERN ABOUT BANNERS THROUGHOUT THE CITY THAT NEEDS TO BE DISCUSSED.

I WOULD SAY, YES, WE NEED FURTHER DISCUSSION THIS.

I MAKE A MOTION TO ADJOURN THE MEETING.

NO, IT DOESN'T WORK THAT WAY.

BUT NICE TRY.

GOOD TRY, GENTLEMEN.

VERY CREATIVE.

IT ACTUALLY WORKS THAT WAY.

NO, IT REALLY DOES.

DOES IT? DOES IT WORK THAT WAY? IT'S 10:55.

IT'S NOT 11:30.

YOU CAN'T JUST TURN IT OFF BECAUSE YOU DON'T LIKE THE DISCUSSION THAT'S BEING HAD.

THE FACT OF THE MATTER IS THE VICE MAYOR HAS THE FLOOR.

HE HAS A CONCERN.

YOU BROUGHT IT UP AND YOU ASKED IF THERE'S ANYBODY WHO HAS ANY QUESTIONS ABOUT IT AND THEREFORE THE DISCUSSION IS GOING TO BE HAD.

IF THERE IS ONGOING DISCUSSION, THE PERSON WHO HAS THE MICROPHONE HAS THE RIGHT TO FINISH WHAT HE IS SAYING.

ONCE HE IS FINISHED, UNDER YOUR RULES AND UNDER--ANY MEMBER CAN MAKE A MOTION TO ADJOURN, ANY MEMBER.

THANK YOU SO MUCH.

BUT HE IS NOT DONE, HE IS ASKING FOR GUIDANCE, AND THEREFORE IF WE HAVE THE VICE MAYOR ASKING THROUGH THE CHAIR FOR GUIDANCE ON THIS BECAUSE THERE IS AN ISSUE, IT CAN'T JUST BE SHUT OFF BECAUSE PEOPLE DON'T LIKE THE TOPIC.

MADAM MAYOR, I DID NOT SAY THAT.

MY COMMENT WAS AND LET ME REPEAT--I GOT IT, BUT CAN WE MOVE FORWARD ON THIS.

ONCE HE CEDES THE FLOOR ANY MOTION IS APPROPRIATE.

HE HAS STOPPED HIS COMMENT FOR DIRECTION THROUGH ME.

SO AT THIS TIME, HE HAS ASKED FOR A WORKSHOP ITEM ON THIS BECAUSE HE FEELS THAT THERE IS AN ISSUE.

ARE YOU ASKING ME TO GET CONSENSUS AT THIS TIME TO SEE IF IT'S GOING TO BE A WORKSHOP ITEM? I WAS TALKING TO OUR CITY ATTORNEY TO SEE IF THAT'S WHAT HE NEEDED US TO DO, BECAUSE REMEMBER, WE DON'T JUST PUT THINGS ON AN AGENDA BY ONE PERSON, IT HAS TO BE WANTED AND DESIRED BY THE CONSENSUS.

FROM MY PERSPECTIVE, HAVING PARTICIPATED WITH YOU ALL IN THE DISCUSSION THE WORKSHOP THAT TOOK PLACE ON MONDAY, THE SUBJECT THAT YOU ALL ARE TALKING ABOUT IS PART AND PARCEL OF THE INITIATIVE'S POLICY THAT YOU DIRECTED STAFF TO CONTINUE TO WORK ON AND BRING BACK TO YOU.

WE WILL BE DOING THAT AND THAT WOULD BE THE APPROPRIATE FORUM IN THE CONTEXT TO HAVE THAT DISCUSSION.

SO FROM WHAT I GATHER IS IT'S OK FOR ME TO PUT MATTERS IN FRONT OF CITY HALL BECAUSE IT'S MY DISTRICT.

I JUST WANT TO UNDERSTAND.

I WANT TO MAKE SURE THAT WE ARE ON THE SAME PAGE.

YOU'RE OK WITH THAT? YOU'RE OK WITH THAT, MAYOR? I'M NOT OK WITH US PUTTING BANNERS UP ALL OVER THE CITY IN THE FIRST PLACE; OUR RESIDENTS ARE REALLY NOT THAT HAPPY WITH IT, BUT IF YOU WANT TO PUT YOUR FACE OUT THERE AND HAVE THE RESIDENTS CRITICIZE YOU, THAT'S ALL GOOD FOR YOU.

I JUST WANT TO GET CLARITY, THAT'S ALL.

[03:40:02]

SO IT IS PART OF THE INITIATIVE PROCESS THEN, BECAUSE IT IS A BANNER SITUATION THAT IS BEING PAID FOR BY THE COMMISSIONER OR THE RESPECTIVE PERSON THE COMMISSION AND THEREFORE WE'LL COME BACK AROUND IF I HEAR THE CITY ATTORNEY CORRECTLY IN THAT POLICY AND PROCEDURE.

IN MY HUMBLE OPINION, YES, MA'AM.

ALL RIGHT, THAT'S WHAT I ASKED FOR.

YOU ASK WHAT? YOU SAID WHAT? IT WILL COME BACK WHERE? THROUGH THE POLICIES AND PROCEDURES THAT WE WILL HAVE FOR OUR INITIATIVE SPENDING, IT WILL BE WRITTEN IN THERE, AS FOR SOME CLARIFICATION.

IT WAS A MOTION IN THE SECOND TO ADJOURN.

THE CONVERSATION HAD NOT YET BEEN FINISHED.

GENTLEMEN, COME ON.

IF WE HAVE A LOT LESS OF THIS, WE CAN ACTUALLY GET DONE.

CAN WE ALL AGREE WE'RE FINISHED? AS LONG AS YOU'RE NOT ADDING--COMMISSIONER BOLTON SAID, IF WE HAD ANY QUESTIONS.

I STILL HAVE QUESTIONS; I'M NOT DONE.

THEN GO AHEAD.

TALKING ABOUT A MOBILE OFFICE.

COMMISSIONER GELIN, IF YOU NEED TO LEAVE, FEEL FREE.

OUT THE DOOR, COMMISSIONER GELIN IS OUT.

I JUST NEED CLARIFICATION WHERE THIS MOBILE OFFICE IS AND WHO IS PAYING FOR IT AND WHO IS STAFFING IT AND WHAT IS.

[Additional Item 2]

GO AHEAD.

THEN COMMISSIONER BOLTON, THE QUESTIONS HAVE BEEN ASKED OF YOU--THROUGH THE CHAIR, TO COMMISSIONER BOLTON.

I HAVE A PREROGATIVE TO EITHER ANSWER OR NOT ANSWER, AND I'M NOT GOING TO ANSWER YOUR QUESTION.

YOU ASKED US--VICE MAYOR VILLALOBOS, I'M NOT GOING TO ANSWER YOUR QUESTION.

I'M SPEAKING NOW, OK? YOU ALREADY SPOKE.

YOU ASKED US IF WE HAVE ANY QUESTIONS.

I HAVE A QUESTION.

YOU WANT TO PUSH THROUGH A MOBILE OFFICE AND I'M ASKING YOU ABOUT WHO IS COVERING THE COSTS FOR THIS OR STAFFING IT FOR, FOR YOUR USE.

COMMISSIONER BOLTON, IS THIS ONE OF YOUR INITIATIVE ITEMS? WE ALREADY TALKED ABOUT THIS ON MONDAY AND--NO, NO, NO, NO, NO, THIS NEVER CAME UP.

MAYOR, LET ME FINISH.

I SAID THAT THESE ARE MY INITIATIVES.

THAT'S HOW I STARTED MY CONVERSATION AND INITIATIVES ARE ALREADY BUDGETED.

THIS IS A BUDGETED ITEM, INITIATIVES THAT I HAVE THAT SERVES A PUBLIC PURPOSE WILL WILL BE DONE.

SO ARE YOU SAYING THAT YOUR INITIATIVE FUNDS, THIS IS COMING OUT OF THERE? CORRECT, THE THING IS COMMISSIONER BOLTON, THE REASON THERE WAS SOME CONCERN IS WHEN YOU WERE ASKED ABOUT THE BANNERS, YOU SAID THE CITY MAY PAY FOR IT, WHICH IS WHY I TOOK IT OUT OF THE INITIATIVE ITEM.

SO IF WE ARE REITERATING WHAT COMMISSIONER BOLTON SAID EARLIER IN THIS PART OF THE CONVERSATION, ALL OF THESE ITEMS THAT HE'S TALKING ABOUT ARE INITIATIVE ITEMS, AND THEY'RE COMING OUT OF HIS INITIATIVE FUNDS.

AND HE'S PREPARING THEM, AND HE'S HANDLING THEM.

CORRECT? CAN YOU PLEASE ANSWER? I WILL RESTATE WHAT I SAID.

THESE ARE INITIATIVES, AND THEY MAY OR MAY NOT BE PAID THROUGH MY INITIATIVE FUNDS.

IN THE PAST, I'VE PAID FOR THEM FROM PERSONAL FUNDS, AND SO THIS YEAR I MAY PAY FOR THEM THROUGH PERSONAL FUNDS, BUT I ALSO HAVE A PREROGATIVE TO CHANNEL THEM THROUGH MY INITIATIVE FUNDS.

AND IF I FEEL LIKE I WANT TO DO THAT, I WILL.

THAT'S FINE.

I THINK THE POINT BEING WAS IT WASN'T COMING OUT OF ANY ADDITIONAL FUNDS OUT OF THE CITY'S BUDGET.

THAT'S ALL.

THERE WAS POINT OF CLARIFICATION ON THAT.

SO WE ARE ALL OK WITH AN INITIATIVE FROM A COMMISSIONER COMING OUT OF STAFF.

STAFF WILL BE PROVIDED, EVERYTHING IS COVERED BY THE CITY.

I JUST WANT TO UNDERSTAND, BECAUSE HE SAID HE MAY OR MAY NOT.

HE MAY OR MAY NOT PAY OUT OF HIS PERSONAL FUNDS, OR HE WILL PAY OUT OF HIS INITIATIVE FUNDS, WHICH ARE ALREADY BUDGETED OUT OF THE TWENTY FIVE THOUSAND.

CAN WE CONFIRM THAT IT'S NOT GOING TO BE ON THE CITY'S DIME? I JUST DID.

I DID JUST DO THAT.

BECAUSE HE WAS TRYING TO--I UNDERSTAND THAT, BUT I DO BELIEVE I'VE MADE IT CLEAR, AND HE HAS ANSWERED IT IN THE SAME, THAT IT IS EITHER THE INITIATIVE FUNDS MONEY OR HIS PERSONAL FUNDS.

HIS PREROGATIVE IS BETWEEN THE TWO.

IT IS NO ADDITIONAL BUDGETED ITEM OF THE CITY.

ANY OTHER QUESTIONS OTHER THAN THAT? ALL RIGHT, LADIES AND GENTLEMEN, IT IS 11:03 OR 11:05.

GET THEM SAFELY.

WE WILL SEE YOU AT OUR NEXT MEETING.

MEETING'S ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.