Mar 23, 2022 Regular

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LADIES AND GENTLEMEN, AND WELCOME TO OUR WEDNESDAY, MARCH 23RD, 9:30 A.M.

[CALL TO ORDER]

CITY CLERK, PLEASE CALL THE ROLL.

THANK YOU SO MUCH.

PLEASE STAND. VICE MAYOR MIKE GELIN WILL LEAD US IN THE PLEDGE OF ALLEGIANCE AND WE WILL TAKE A MOMENT OF SILENCE FOR WHAT IS GOING ON IN OUR WORLD.

THANK YOU.

CITY ATTORNEY, YOUR REPORT, PLEASE.

[1. CITY ATTORNEY REPORT]

THE ONLY THING I HAVE TO REPORT IS TO ADVISE THE COMMISSION THAT IN THE APPEAL INVOLVING THE WOODLANDS MATTER, ALL THE BRIEFS HAVE BEEN FILED AND WE ARE NOW AWAITING ACTION BY THE FOURTH DISTRICT COURT OF APPEAL TO EITHER INDICATE THAT THEY'RE GOING TO HAVE ORAL ARGUMENT ON THE MATTER OR GOING TO RULE ON THE BRIEFS, AND OBVIOUSLY AS SOON AS WE HAVE AN ORDER FROM THE COURT, WE WILL OBVIOUSLY PROVIDE THAT AND INFORM YOU OF THAT , BUT I JUST WANT TO LET YOU KNOW THAT ALL THE BRIEFING PROCESS HAS, IN FACT, BEEN COMPLETED. SO THE ATTORNEY ABOUT HOW LONG DOES THAT PROCESS TAKE, ESTIMATED? NORMALLY FROM THE POINT THAT THE BRIEFS ARE COMPLETED AND FILED USUALLY BETWEEN SOMEWHERE BETWEEN 1 TO 3 MONTHS, BUT IT ALSO DEPENDS UPON THE DOCKET OF THE COURT, AND SO THERE'S NO FIXED TIME THAT I CAN INFORM YOU THAT THERE WILL BE ACTION BY THIS DATE OR NOT.

IT'S UP TO THE COURT THEN TO HOW LONG AFTER THE BRIEFS ARE FILED TO ISSUE AN ORDER.

I HAD A PARTICULAR CASE THAT WE DID NOT RECEIVE AN ORDER BACK FROM THE COURT, THE THIRD DISTRICT COURT OF APPEAL FOR TWO YEAR ELEVEN MONTHS.

SO THAT'S AN EXTRAORDINARY OCCURRENCE.

GENERALLY, IT'S FROM 2 TO 3 MONTHS FROM THE DATE THAT THE ORAL ARGUMENT OR THE BRIEFS HAVE BEEN FILED AND THE COURT DETERMINES THAT IT'S NOT GOING TO HAVE ORAL ARGUMENTS.

SO AT [INAUDIBLE] POINT, IT'S 2 TO 3 MONTHS OR SO UNTIL WE FIND OUT IF THE COURT WILL DO ORAL ARGUMENTS OR DETERMINE WHETHER OR NOT IT'S GOING TO RULE APPROXIMATELY OR POTENTIALLY EVEN WITHIN THAT TIME FRAME TO ISSUE AN ORDER.

SO MY BEST GUESSTIMATE IS SOMEWHERE TOWARD THE MIDDLE OF THE SUMMER.

OKAY, THANK YOU VERY MUCH.

CITY MANAGER, YOUR REPORTS, PLEASE.

[2. CITY MANAGER REPORT]

THIS MORNING WE HAVE I DON'T KNOW IF SHE'S ON THE LINE YET.

NOT YET.

NO, OKAY, WELL, I HAVE A REPORT, A BRIEF REPORT, AND IN THE MEANTIME, WE'RE WAITING FOR REPRESENTATIVE OMPHROY, WHO WILL JOIN US BY TEAMS TO GIVE US A LEGISLATIVE UPDATE.

SO UNTIL SHE'S AVAILABLE, I'LL GO AHEAD AND GIVE MY REPORT.

THE CITY WILL BE HOSTING THE HOA CONDO QUARTERLY MEETING ON TUESDAY, MARCH 29TH, FROM 5 TO 6 AT THE TAMARAC COMMUNITY CENTER.

THIS MEETING IS PRESENTED BY SOUTHLAND MORTGAGE LEGAL AND COAST TO COAST LEGAL AID OF SOUTH FLORIDA.

TOPICS DISCUSSED AT THE MEETING WILL INCLUDE THE CURRENT HOUSING MARKET AND RELATED RELATED ISSUES.

THEY WILL ALSO BE ANSWERING QUESTIONS REGARDING REFINANCING AND REVERSE MORTGAGES.

IF YOU'D LIKE TO ATTEND, PLEASE RSVP BY MARCH 28TH.

AT WWW.TAMARAC.ME/QUARTERLYMEETING.

ALSO FOR FIRST TIME HOMEBUYERS, THE COMMUNITY DEVELOPMENT HOUSING DIVISION WILL HOST ITS ANNUAL FIRST TIME HOMEBUYER PURCHASE ASSISTANCE INFORMATIONAL VIRTUAL SESSION ON WEDNESDAY, MARCH 30TH, FROM 3 TO 4:00 PM.

PRE-REGISTRATION FOR THE SESSION IS REQUIRED.

INDIVIDUALS INTERESTED IN GETTING MORE INFORMATION ON HOW TO GET UP TO $40,000 TOWARDS THE PURCHASE OF THEIR FIRST HOME HERE IN TAMARAC ARE ENCOURAGED TO PRE-REGISTER AT TAMARAC .ME/DOWNPAYMENTASSISTANCE OR CALL THE

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SUMMER CAMP IS COMING AND REGISTRATION PACKETS ARE NOW AVAILABLE AND CAN BE PICKED UP IN PERSON AT THE TAMARAC COMMUNITY CENTER, THE RECREATION CENTER OR DOWNLOADED AT WWW.TAMARAC.ORG/SUMMERCAMP.

A LIMITED NUMBER OF 2022 SUMMER CAMP SPOTS ARE AVAILABLE FOR CHILDREN AGED 5 TO 11, AND SPOTS WILL BE FILLED ON A FIRST COME, FIRST SERVED BASIS.

MAIL-IN REGISTRATION BEGINS MARCH 28TH FOR RESIDENTS AND APRIL 4TH FOR NON RESIDENTS, AND THEN A COUPLE OF EVENTS WE HAVE COMING UP IN PARKS HOSTED BY PARKS AND RECREATION.

GROOVE ON THE GRASS CONCERT WILL BE HELD APRIL 1ST AT THE TAMARAC SPORTS COMPLEX FROM 7 TO 9 FEATURING THE LATIN MUSICAL GROUP MUSICS GROOVE AND FOOD TRUCKS WILL BE ON SITE DURING THE EVENT.

WE'LL ALSO BE HOSTING OUR NEXT MOVIE IN THE PARK ON APRIL 8TH AT THE TAMARAC SPORTS COMPLEX, STARTING AT 8 P.M.

FEATURING THE MOVIE PETER RABBIT.

FOR MORE INFORMATION ON OUR EVENTS, VISIT WWW.TAMARAC.ORG/SPECIALEVENTS, AND THAT CONCLUDES MY REPORT. THANK YOU.

THANK YOU, AND I DO SEE ON THE SCREEN WE HAVE MR. BAILEY ON BEHALF OF REPRESENTATIVE OMPHROY.

SHE IS LOGGING IN RIGHT NOW.

SO REPRESENTATIVE, IF YOU WANT TO UNMUTE.

HELLO, GOOD MORNING. THANK YOU SO VERY MUCH FOR HAVING ME THIS MORNING.

SORRY ABOUT THAT. I WAS TRYING TO LOG IN FROM SOMETHING ELSE AND IT WOULDN'T LET ME.

CAN YOU HEAR ME? WE CAN HEAR YOU JUST FINE.

WELCOME TO THE COMMISSION MEETING.

GOOD TO HEAR FROM YOU. MADAM MAYOR? YES, CAN YOU HEAR US? I'M NOT SURE IF YOU CAN.

I CAN HEAR YOU NOW.

YES. AWESOME. WELCOME TO THE COMMISSION MEETING.

WE LOOK FORWARD TO HEARING ALL THE GOOD NEWS YOU HAVE TO SHARE WITH US.

THANK YOU. PLEASE LET ME KNOW WHEN IT'S MY TIME TO SPEAK.

THANK YOU SO VERY MUCH. MADAM MAYOR AND COMMISSION.

YOU'RE ON TIME. THE FLOOR IS YOURS.

OH, OKAY, SORRY ABOUT THAT.

NO PERFECT TIMING.

GIVE ME ONE MOMENT.

ALL RIGHT.

THANK YOU VERY MUCH AND GOOD MORNING AGAIN.

I HAVE BEEN TRAVELING, SO I JUST GOT IN LATE LAST NIGHT, BUT I WANTED TO GO THROUGH THE PROJECTS THAT THE CITY REQUESTED FROM ME OVER THE YEARS.

IS IT POSSIBLE FOR [INAUDIBLE] TO BRING THAT UP? I'M NOT SURE MADAM MAYOR IF HE HAS THOSE CAPABILITIES.

WE DID THAT LAST YEAR.

I BELIEVE IT IS POSSIBLE, RIGHT, JAMES? IT'S ALL SET UP FOR HIM TO BE ABLE TO REQUESTS FOR CONTROL? OR DO I GIVE CONTROL? YOU CAN SHARE YOUR SCREEN IF YOU'D LIKE.

REPRESENTATIVE, YOU CAN SHARE YOUR SCREEN.

THANK YOU SO VERY MUCH, MADAM CHAIR.

[INAUDIBLE]. DID YOU CLICK THE REQUEST CONTROL BUTTON UP TOP? [INAUDIBLE], IF YOU CAN REQUEST CONTROL.

EXCELLENT. THANK YOU.

THANK YOU SO VERY MUCH FOR YOUR PATIENCE, AND THANK YOU SO VERY MUCH FOR GIVING ME AN OPPORTUNITY TO SPEAK WITH YOU TODAY.

THIS MORNING. SO IF YOU LOOK AT THE CHART IN FRONT OF YOU OR THE PICTURES IN FRONT OF YOU, YOU'LL SEE THE PROJECTS THAT THE CITY OF TAMARAC HAS REQUESTED OVER THE YEARS.

YOU WILL SEE THAT WE HAVE THE HB 4828.

I CAN'T REALLY SEE THAT.

OKAY, THERE WE GO. WE HAVE HB 4929, WHICH WAS TAMARAC'S COMMUNITY COMPLEX IMPROVEMENT.

THAT WAS IN 2019, TAMARAC'S FIRE STATION NUMBER 36, WHICH WAS ALSO IN 2019.

WE WERE NOT ABLE TO GET THOSE PROJECTS IN 2019.

WE WERE ABLE TO GET HB 4947, WHICH WAS TAMARAC SMART PUBLIC SAFETY FIBER OPTIC NETWORK, WHICH GOT VETOED BY THE GOVERNOR BACK IN 2019, BUT WE'VE MADE GREAT STRIDES AND GREAT PROGRESS.

IN 2020, WE HAD HB 3487, WHICH WAS TAMARAC STORMWATER CULVERT HEAD WALL PHASE SEVEN

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IN 2019, WE ACTUALLY GOT HB 4955, WHICH WAS PART OF THE TAMARAC STORMWATER CULVERT HEAD WALL PROJECT TO THE TUNE OF $350,000.

IN 2021, WE WERE ABLE TO GET HB 3767, WHICH WAS TAMARAC C14 CANAL EROSION MITIGATION FOR $300,000. THEN IN 2022, SO FAR WITH WE STILL HAVE TO GO THROUGH THE PROCESS OF THE GOVERNOR'S APPROVAL.

WE HAVE HB 2625 TAMARAC, ADA COMPATIBLE AND SMART PARK ENHANCEMENT CAPORELLA PARK, WHICH ACTUALLY IS NOT IN MY DISTRICT.

HOWEVER, I UNDERSTAND THE IMPORTANCE OF OUR PARKS AND HAVING ADA COMPATIBLE PARTS, AND WE WERE ABLE TO GET THAT INTO THE BUDGET FOR THIS YEAR, THIS LEGISLATIVE BUDGET TO THE TUNE OF $300,000.

SINCE I GOT ELECTED THREE YEARS AND FIVE MONTHS AGO, FOUR SESSIONS COMPLETED, WE WERE ABLE TO BRING BACK TO THE CITY OF TAMARAC 950,000.

I JUST HAVE TO SAY THAT IT HAS BEEN AN HONOR AND A PLEASURE WORKING WITH THE CITY OF TAMARAC AND THE CITY'S TEAM AND OF COURSE, THE CITY COMMISSION.

IT ALWAYS BRINGS ME GREAT JOY WHEN THE CITY COMES UP TO TALLAHASSEE TO LOBBY ON BEHALF OF ITS PROJECTS.

IT'S ALWAYS AN EASY CALL FOR ME TO REACH OUT, AND I HOPE IT'S ALWAYS BEEN AN EASY CALL FOR YOU TO REACH OUT TO OUR OFFICE AND TO REACH OUT TO ME IN REFERENCE TO YOUR CONCERNS . BACK IN 2021, IF I'M NOT MISTAKEN, MADAM MAYOR, WE WERE ABLE TO PASS LEGISLATION THAT YOU TURNED OVER TO ME IN REFERENCE TO MUG SHOTS AND THE FACT THAT THEY WERE COMING UP AND POPPING UP WHEN THEY SHOULD NOT, AND I WAS JUST LIKE TO SAY THANK YOU VERY MUCH TO YOU AND THE ENTIRE CITY COMMISSION FOR BEING AMAZING COLLEAGUES AND WORKING DILIGENTLY WITH ME TO DO WHAT'S BEST FOR THE RESIDENTS OF THE CITY OF TAMARAC.

IT HAS BEEN AN HONOR AND A PLEASURE TO SERVE YOU AS YOUR STATE REPRESENTATIVE FOR DISTRICT 95. THE NUMBER FOR THE DISTRICT IS CHANGING AND THE DISTRICT HAS CHANGED SOME.

IT WILL BE DISTRICT 98, AND SO EVERYONE, AS THE RESIDENTS OF THE CITY OF TAMARAC, PLEASE LOOK OUT FOR YOUR NEW INFORMATION TO COME TO YOU, AND I JUST WANT TO SAY THANK YOU SO VERY MUCH. IF YOU HAVE ANY QUESTIONS, I'D LOVE TO TAKE THEM.

IF YOU HAVE ANY CONCERNS, I'D LOVE TO HEAR THEM.

THANK YOU SO VERY MUCH AGAIN, MADAM MAYOR AND COMMISSION.

WELL, THANK YOU VERY MUCH FOR ALL THAT YOU HAVE DONE FOR OUR CITY, AND CONTINUE TO DO FOR US VERY MUCH.

ENJOYED WORKING WITH YOU ON THAT PROJECT AND GETTING THAT BILL PASSED ALSO EVERYTHING THAT YOU'VE DONE. I KNOW THAT VICE MAYOR WOULD LIKE TO SAY SOMETHING.

VICE MAYOR. GOOD MORNING, REPRESENTATIVE OMPHROY.

WE ALSO ASKED THE REPS TO ADVOCATE FOR MIA'S LAW REGARDING THE YOUNG LADY WHO WAS KILLED IN OUR APARTMENT COMPLEX.

SO GETTING THE LAW CHANGED SO THAT THESE APARTMENT COMPLEXES WOULD DO BACKGROUND CHECKS ON THE MAINTENANCE WORKERS THAT HAVE KEYS.

CAN YOU GIVE US AN UPDATE ON THAT? THAT PASSED THE HOUSE, THE FLORIDA HOUSE AND THE FLORIDA SENATE UNANIMOUSLY, AND IF YOU WATCHED ANY OF THE NEWS REPORTS OR HAVE SEEN ANYTHING FROM THE ORGANIZATION OF THE MIYA'S FOUNDATION, YOU WILL SEE THAT I WAS VERY A PART OF THAT PROCESS IN THE BACKGROUND.

SO, YES, IT PASSED THE FLORIDA HOUSE AND THE FLORIDA SENATE.

IT IS NOW WAITING FOR THE GOVERNOR'S APPROVAL.

THANK YOU SO VERY MUCH FOR ASKING, VICE MAYOR.

YOU'RE WELCOME, AND IS THERE ANY INDICATION ON WHAT DIRECTION THE GOVERNOR WILL GO INTO IN TERMS OF SIGNING THAT? UNFORTUNATELY, VICE MAYOR, JUST AS YOU, I HAVE NO CONTROL OVER THE EXECUTIVE BRANCH OF THE STATE OF FLORIDA.

WE DID OUR PART AS LEGISLATORS IN GETTING THIS AMAZING LAW THROUGH THE SENATE AND THE FLORIDA HOUSE TO ENSURE THAT THIS DOES NOT HAPPEN TO ANY OTHER PERSON, BUT I WAS VERY MUCH SO A PART OF THAT, AND I HAVE PUT IN MY REQUEST FOR THE GOVERNOR'S OFFICE TO SPEEDILY SIGN, BUT HE HAS A LOT OF BILLS TO REVIEW, AND I AM A LEGISLATOR AND I STAY IN MY LEGISLATIVE LANE.

YEAH, I ACTUALLY UNDERSTAND THAT SINCE THE LAW HAS BEEN ADVOCATED FOR ANOTHER PERSON WAS KILLED IN THAT SAME MANNER, A 70 YEAR OLD WOMAN.

SO IT IS IMPORTANT FOR THE GOVERNOR TO SIGN THAT LAW.

ANOTHER QUESTION, HOW IMPORTANT IS IT OR HOW VALUABLE IS IT FOR US TO GO TO TALLAHASSEE AND MEET WITH YOU AND OUR OTHER STATE REPRESENTATIVES AND WORK WITH OUR LOBBYISTS TO ADVOCATE FOR THESE PROJECTS? I WOULD LIKE TO JUST ANSWER ONE THING, VICE MAYOR.

YOU ARE VERY CORRECT. WE WERE AWARE OF THE FACT THAT LADY WENT THROUGH A SIMILAR CIRCUMSTANCE AS MIYA DID, AND THAT WAS ALSO WHAT THE FINAL PUSH WAS, AND IF YOU NOTICE,

[00:15:05]

WE DO UNDERSTAND THE IMPORTANCE.

AS FAR AS YOU'RE COMING UP TO LOBBY, YOU CAN SEE FOR YOURSELF WHAT YOUR LOBBYING HAS DONE, VICE MAYOR.

YOU'VE PRESENTED ME WITH SEVERAL PROJECTS OVER THE PAST FOUR SESSIONS, AND OF THOSE SEVEN PROJECTS, FIVE PROJECTS HAVE MADE IT THROUGH THE LEGISLATIVE PROCESS.

OVER THOSE SESSIONS, TWO WERE VETOED BY THE GOVERNOR.

SO FOUR OF THOSE PROJECTS DIDN'T MAKE IT IN, BUT THREE DID TO THE TUNE OF $950,000, WHICH IS ALMOST $1,000,000 THAT THE RESIDENTS OF THE CITY OF TAMARAC DON'T HAVE TO COME OUT OF THEIR POCKET WITH. SO MY MAJOR FACTOR WITH LOBBYING AND YOU COMING UP AND THE REST OF THE COMMISSION COMING UP IN THE MAYOR COMING UP AND INTERACTING WITH YOUR LOBBYISTS, I MAKE SURE THAT I SPEAK WITH YOUR TEAM ON A CONSISTENT BASIS TO MAKE SURE I UNDERSTAND THE NEEDS OF THE CITY.

SO YOU'RE COMING UP TO LOBBY ON BEHALF OF YOUR PROJECTS, HAS PLACED YOUR CITY IN A POSITION TO RECEIVE FAVORABLE SUPPORT FROM YOUR FLORIDA LEGISLATURE.

AS YOU CAN SEE, IT'S OVER $2 MILLION THAT YOU WOULD HAVE RECEIVED HAD THE GOVERNOR NOT VETOED SOME OF THE PROJECTS, BUT YOUR LEGISLATURE WAS LISTENING TO YOU.

SO PLEASE CONTINUE TO ADVOCATE.

I WOULD SAY TO SMART ADVOCATE BECAUSE YOU WANT TO MAKE SURE THAT WHEN YOU'RE COMING UP, YOU'RE SPEAKING TO THE RIGHT PEOPLE.

YOU WANT TO MAKE SURE THAT YOU ARE ALSO GOING TO HAVE CONVERSATIONS WITH THE EXECUTIVE BRANCH ABOUT WHAT IT IS THAT YOU WOULD LIKE TO SEE TAKE PLACE.

ALSO, I WILL MAKE SURE THAT I SEND OVER THE TIMELINES FOR WHEN BILLS HAVE TO COME INTO THE FLORIDA HOUSE. I KNOW YOU KNOW WHEN YOUR APPROPRIATIONS HAVE TO COME IN, BUT IF THERE ARE POLICY CONCERNS THAT THE CITIZENS OR THE RESIDENTS OF THE CITY OF TAMARAC HAVE, SO WHEN THOSE GUIDELINES AND DEADLINES ARE.

AS A FLORIDA HOUSE MEMBER, I ONLY HAVE SEVEN BILLS THAT I CAN CARRY A YEAR.

OUR SENATORS HAVE UNLIMITED BILLS, BUT THEY ALSO HAVE TO HAVE HOUSE MEMBERS TO MATCH WITH IT. SO PLEASE CONTINUE TO COME AND ADVOCATE.

IT WAS ONE OF THE THINGS THAT I BEGGED FOR AND PUSHED FOR WHEN I BECAME A MEMBER OF THE FLORIDA HOUSE. THIS IS YOUR TAX DOLLARS.

THIS IS YOUR HARD EARNED MONEY, AND YOU DESERVE IT BACK.

I AGREE, THANK YOU.

YOU'RE WELCOME, THANK YOU, VICE MAYOR.

THANK YOU, AND THANK YOU FOR ALWAYS BEING AVAILABLE VIA PHONE, TEXT, CALLS, MEETING HERE IN TAMARAC OR WHEREVER WE CAN FIND YOU, COMING TO EVENTS AND SUPPORTING THINGS THAT THE COMMUNITY HAS PUT ON.

YOU MADE A STATEMENT THAT TAMARAC WILL BE REPRESENTED BY DISTRICT 98 NOW OR THE NUMBER CHANGES. CAN YOU CLARIFY THAT FOR US, PLEASE? SO THERE HAS BEEN SHIFTS IN HOW THE LINES BECAUSE OF REAPPORTIONMENT FROM CENSUS.

SO THE DISTRICT NUMBERS ARE GOING TO BE CHANGING.

THERE'S A PORTION OF TAMARAC THAT WILL BE REPRESENTED BY 98 INSTEAD OF BEING 95.

DISTRICT 95 HAS NOT CHANGED THAT MUCH, BUT THERE ARE SOME SHIFTS.

LIKE, WE NO LONGER HAVE THE CITY OF MARGATE WITHIN THE DISTRICT, BUT TAMARAC IS MAINLY THE SAME. I THINK WE'VE EXPANDED A LITTLE BIT CLOSER TO THE UNIVERSITY LINE, BUT MADAM MAYOR, I WOULD LOVE TO BE ABLE TO--I SERVED ON FULL REDISTRICTING FOR THE FLORIDA HOUSE, SO I SERVED ON THE HOUSE MAPS AND ALSO THE CONGRESSIONAL MAPS, AND I WOULD LOVE TO BE ABLE TO LIKE MAYBE SHOWING A WORKSHOP SO I COULD SHOW YOU HOW THE MAPS HAVE CHANGED FOR YOUR AREA BECAUSE I DO INFREQUENTLY UNDERSTAND THEM.

EXCELLENT, IT WOULD BE WONDERFUL TO HAVE YOU COME TO ONE OF OUR WORKSHOPS AND WE HOPEFULLY WILL BE ABLE TO GET THAT SET ON YOUR SCHEDULE AS WELL.

SO THANK YOU FOR THAT OFFER AND WE WILL DEFINITELY TAKE YOU UP ON IT.

I LOOK FORWARD TO IT.

THANK YOU. WE KNOW YOU HAVE A BUSY DAY, SO WE UNDERSTAND THAT IF YOU HAVE TO JUMP OFF; IF YOU WISH TO STAY, YOU ARE MORE THAN WELCOME TO.

IT'S GOOD TO KNOW THAT YOU'RE IN THE BACKGROUND THERE.

WE SEND THE BEST TO YOU, TOO, AND THANK YOU FOR YOUR HELP.

THANK YOU SO VERY MUCH, MADAM MAYOR.

THANK YOU FOR YOUR TIME THIS MORNING AND AS ALWAYS, HAVE MUCH LOVE FOR RESPECT FOR THE CITY OF TAMARAC ELECTED OFFICIALS AND OF COURSE, A LOT OF LOVE FOR THE RESIDENTS.

THANK YOU VERY MUCH. BYE BYE.

THANK YOU. BYE BYE.

ALL RIGHT. NOW WE WILL GO TO PUBLIC PARTICIPATION, AND AT THIS TIME, I WILL ASK

[3. PUBLIC PARTICIPATION]

THANK YOU, MADAM MAYOR, MEMBERS OF THE COMMISSION.

PURSUANT TO SECTION 2-29, MEMBERS OF THE PUBLIC MAY SPEAK AT CITY COMMISSION MEETINGS, DURING PUBLIC HEARINGS, OR AT A TIME TO BE SPECIFIED, THE MAYOR OR PRESIDING OFFICER.

MEMBERS OF THE PUBLIC SHALL BE LIMITED TO THREE 3 MINUTES, AND ALL REMARKS SHALL BE

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MEMBERS OF THE PUBLIC SHALL ADDRESS ONLY THE TOPIC BEING DISCUSSED AND DISRUPTIVE, BELLIGERENT AND ABUSIVE CONDUCT BY ANY MEMBER OF THE PUBLIC IS PROHIBITED AND SHALL NOT BE PERMITTED. ANY MEMBER OF THE PUBLIC WHO VIOLATES THIS SECTION MAY BE INSTRUCTED BY THE CITY COMMISSION TO REMOVE HIM/HERSELF FROM THE COMMISSION 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.

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 THE CITY COMMISSION, SECTION 2-34 OF THE CODE STATES, THAT 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 5 MINUTES CONTINUOUSLY EXCEPT BY LEAVE OF THE CITY COMMISSION.

DECISION OF THE CITY COMMISSION IS FINAL.

GENERALLY, BRIEF PRESENTATIONS DO NOT COUNT AGAINST THE FIVE MINUTE LIMITATION.

A MEMBER MAY SPEAK AT SECOND TIME ON ANY ONE QUESTION ONLY AFTER ALL MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO SPEAK.

GENERALLY, THIS IS LIMITED TO 2 MINUTES.

THE MAYOR SHALL REGULATE DEBATE AND ANY OTHER MANNER THAT SHE DEEMS NECESSARY, PROVIDED THE RIGHTS OF ALL PERSONS TO EXPRESS THEIR VIEWS ARE RESPECTED, QUESTIONS, COMMENTS BY MEMBERS OF CITY COMMISSION SHALL BE RESERVED INSOFAR AS POSSIBLE AT THE END OF THE PRESENTATION TO AVOID INTERRUPTING THE SPEAKER.

ALL MEMBERS OF THE CITY COMMISSION SHALL BE PERMITTED TO SPEAK ON ANY MATTER AND SHOULD 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 HEREIN.

UNLESS MEMBERS ENGAGE 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 RECLAIM AT ALL TIMES FROM RUDE OR DEROGATORY REMARKS, REFLECTIONS AS TO INTEGRITY, ABUSIVE COMMENTS AND STATEMENTS AS TO MOTIVES AND PERSONALITY.

THE CITY MANAGER MAY SPEAK ON ANY MATTER IN WHICH SHE HAS INFORMATION FOR THE CITY COMMISSION, AND THE EVENT THAT THE MAYOR OR PRESIDING OFFICER FAILS TO ACT.

ANY MEMBER OF THE CITY COMMISSION MAY MOVE TO REQUIRE THE PRESIDING OFFICER TO ACT TO ENFORCE THE RULES IN AN AFFIRMATIVE VOTE OF MAJORITY OF THE COMMISSION OF THE CITY.

COMMISSION MEMBERS PRESENT AT THE TIME SHALL REQUIRE THE PRESIDING OFFICER TO ACT.

THANK YOU VERY MUCH.

AT THIS TIME, WE WILL GO BY THE LIST AND IF THERE'S ANYBODY WHO HAS NOT SIGNED UP WHO WISHES TO SPEAK, WE WILL ASK YOU TO COME UP. SO I HAVE BOB [INAUDIBLE].

IF YOU'D GO TO THE--THANK YOU.

FIRST TIME SPEAKING WITH US, I SEE.

YES, MA'AM. MY NAME IS BOB [INAUDIBLE].

I LIVE AT 5715 NORTHWEST 86TH TERRACE IN THE CITY OF TAMARAC. THANK YOU.

MY ISSUE IS WITH THE PARKING IN THE CITY.

I COUNTED 55 CARS AT 330 IN THE MORNING, PARKED THROUGHOUT THREE SECTIONS OF OUR COMMUNITIES.

AT $40 A POP, THAT'S $2,200.

I HAVE ONE NEIGHBOR THAT HAS SEVEN CARS AND PARKS, ALL SEVEN OF THEM IN THE STREET.

I'VE DAMAGED MY BRAND NEW TRUCK TRYING TO GET INTO MY DRIVEWAY.

THE NEIGHBOR NORTH OF HIM HAS FIVE CARS.

ONE IS A DERELICT VEHICLE.

IT HASN'T HAD A LICENSE PLATES ON IT FOR TWO YEARS, BUT CODE ENFORCEMENT CAN'T DO ANYTHING ABOUT IT BECAUSE IT'S BACKED IN AND YOU CAN'T WALK ON THE PROPERTY TO SEE THERE'S NO TAGS ON THE CAR. I THINK DOING AWAY WITH THIS ORDINANCE IS A MISTAKE.

WHEN ONLY THREE SECTIONS, 55 VEHICLES IS $2200.

YOU DON'T HAVE TO PATROL EVERY SECTION EVERY NIGHT.

YOU BREAK THEM UP, YOU DO ONE ON MONDAY, ONE ON WEDNESDAY, ONE ON THURSDAY, AND IF YOU WRITE 55 TICKETS, WE'RE GOING TO MAKE A LOT OF MONEY FOR THE CITY, AND I THINK IT'S A MISTAKE BECAUSE I ALSO HAVE A QUALITY OF LIFE AND WHEN I COME IN TO 3:00 IN THE MORNING WITH MY BOAT, I HAD TO REVAMP MY WHOLE GARAGE TO PUT MY BOAT IN MY GARAGE BECAUSE OF THE CITY.

I'VE DONE THAT.

I CAN'T GET INTO MY DRIVEWAY BECAUSE OF ALL THE CARS PARKED ON MY STREET, AND THAT'S SEVEN DAYS A WEEK.

WHAT DO I DO? BSO WILL NOT WRITE TICKETS ONLY IF AN EMERGENCY VEHICLE CAN'T GET THROUGH. SO THESE PEOPLE PARK WHEREVER THEY WANT, AND MY QUALITY OF LIFE AT 3:00 IN THE MORNING WHEN I COME IN, WHY CAN'T I GET INTO MY DRIVEWAY? NOBODY WANTS TO COME OUT AND ISSUE CITATIONS FOR IT BECAUSE THEY FEEL THAT IT'S NOT NECESSARY. WELL, IT IS.

IT'S A LAW ON THE BOOKS, AND WE SHOULD APPLY IT AND WE SHOULD WRITE TICKETS WHENEVER WE SEE FIT. I'M NOT SAYING EVERY NIGHT I KNOW BSO IS SHORTHANDED AND VERY BUSY, BUT THEY CAN GO THROUGH ONE SECTION AT A TIME, WHENEVER THEY GET THE CHANCE.

LETS FACE IT, ALL DEPUTIES ARE NOT BUSY, ALL 12 HOUR SHIFTS.

[00:25:01]

IT'S RIDICULOUS THAT THE PEOPLE THAT HAVE WIDENED THEIR DRIVEWAYS DONE THINGS TO PREVENT PARKING IN THE STREET, AND THEN YOU HAVE PEOPLE THAT JUST PARK WHEREVER THEY WANT. IT'S NOT FAIR TO ME OR MY NEIGHBORS.

I HAVE 11 CARS PARKED IN FRONT OF MY HOUSE AT LEAST SIX NIGHTS A WEEK.

THANK YOU, THAT'S ALL I HAVE TO SAY.

THANK YOU VERY MUCH.

WHAT'S THE NAME OF YOUR COMMUNITY? GREENHAVEN 12.

THANK YOU. COMMISSIONER, VICE MAYOR, WE DON'T DO THIS FROM THE FLOOR.

IF YOU'D LIKE TO SPEAK TO THE RESIDENT AFTERWARDS, PLEASE DO SO.

THROUGH THE CHAIR, IS THERE A LAW PREVENTING ME TO SPEAK TO SOMEONE IN THE PUBLIC? I'M SORRY TO THE POINT THAT I BELIEVE THAT WE'RE ASKING TO MORE INFORMATION FOLLOW UP.

I KNOW THAT THE MANAGER'S TAKING THIS GENTLEMAN'S INFORMATION AS TO WHERE HE RESIDES AND WILL FOLLOW UP WITH HIM ON THIS ISSUE, BUT CERTAINLY EVERY COMMISSION MEMBER IS FREE TO DO SO AS WELL.

YOU DIDN'T ANSWER MY QUESTION.

YES, SO IF YOU WANT TO ASK--THE GENERAL RULE, IS THAT THE THAT YOU DO NOT ENGAGE IN PUBLIC COMMENT BUT IF YOU'RE ASKING FOR THE GENTLEMAN'S INFORMATION SO YOU CAN FOLLOW UP WITH THEM, DISCRETION OF THE CHAIR.

I HAVE HIS INFORMATION RIGHT HERE, AND I'LL BE HAPPY TO PASS IT OVER TO THE VICE MAYOR AFTERWARDS SO HE CAN REACH OUT TO HIM.

IF THAT'S WHAT YOU'RE LOOKING FOR.

THANK YOU. THANK YOU VERY MUCH.

THANK YOU, I APPRECIATE YOUR TIME.

THANK YOU. NANCY ROBERT.

GOOD MORNING. I'M NANCY ROBERT WITH GREENHAVEN 12 IN TAMARAC, AND I'M ALSO ADDRESSING THE PARKING ENFORCEMENT, PART OF WHICH IS THE OVERNIGHT PARKING.

I DON'T UNDERSTAND WHY THE PARKING ENFORCEMENT RULE IS NOT BEING IS NOT BEING APPLIED WITH OUR BSO.

THE LACK OF ENFORCEMENT IS CAUSING DANGEROUS SITUATIONS AND THERE'S A VARIETY OF VIOLATIONS. PARKING WITHIN 20 FEET OF A CORNER, PARKING NEAR FIRE HYDRANTS, PARKING DIRECTLY ACROSS FROM ANOTHER VEHICLE OR PARKING ON THE OPPOSITE SIDE OF THE ROAD WHEN YOU SHOULDN'T BE THERE.

THE OTHER PROBLEM THAT WE HAVE IS WASTE MANAGEMENT, OBVIOUSLY, WITH THEIR HUGE TRUCKS ON THESE NARROW STREETS ARE IT'S VERY DIFFICULT FOR THEM TO GET AROUND.

WE'VE DISCUSSED A VARIETY OF SOLUTIONS OVER THE, WHAT, THREE OR FOUR OR FIVE YEARS AT VARIOUS MEETINGS; WE COULD MAYBE ENFORCE AN ALTERNATE SIDE OF THE STREET PARKING EVEN DURING THE DAY WEATHER, EVEN BETWEEN DAYTIME AND NIGHTTIME.

THE STREETS [INAUDIBLE] WERE VERY, VERY NARROW.

THEY WERE NOT DESIGNED FOR FULL TIME RESIDENTS.

SO MAYBE WITH A NARROWER STREET 20 FEET WIDE, WE HAVE TO DO ALTERNATE STREET PARKING, MAYBE WE CAN MAKE THE PROCESS OF PEOPLE WIDENING THEIR DRIVEWAYS A LITTLE BIT SIMPLER WITH THE PERMITTING PROCESS.

THERE SEEMS LIKE THERE SHOULD BE SOME OTHER SOLUTIONS.

NUMBER ONE, BEING ENFORCEMENT.

IF YOU START ENFORCING PEOPLE VIOLATING THE LAW, THEY WOULDN'T TEND TO VIOLATE THE LAW IF IT STARTED COSTING THE MONEY.

OR WE COULD ALSO, LIKE I SAY, OFFER OTHER SOLUTIONS OF ALTERNATIVE STREET PARKING.

IT JUST IS AN ISSUE THAT I THINK NEEDS TO BE ADDRESSED, NOT ABOLISHED.

THANK YOU. THANK YOU.

EILEEN MICHAELSON.

ON MONDAY, I ATTENDED YOUR WORKSHOP TO HEAR.

I'M SORRY, EILEEN MICHAELSON, 4809 WOODLANDS BOULEVARD.

THANK YOU. ON MONDAY, I ATTENDED YOUR WORKSHOP ON THE CITY'S ABILITY TO REGULATE PARTY HOUSES, AND I'VE READ THE CITY ATTORNEY'S VERY COMPREHENSIVE MEMO.

I HAVE TWO ISSUES.

FIRST OF ALL, IN MANY CITIES, BSO OR THE POLICE DEPARTMENT ENFORCES THE CODE BECAUSE THEY'RE IN THE COMMUNITY SEVEN DAYS A WEEK, 24 HOURS A DAY.

MOST NOTABLY, DEERFIELD BEACH HAS BSO ENFORCING THEIR CODE.

YOUR CODE ENFORCEMENT DEPARTMENT'S ONLY OPEN MONDAY THROUGH FRIDAY, REGULAR BUSINESS HOURS , AND THESE NOISE VIOLATIONS ARE OCCURRING EITHER AT NIGHT OR ON THE WEEKEND, AND SO I WOULD SUGGEST YOU LOOK INTO WHAT THEY DO IN DEERFIELD BEACH, BECAUSE IT MAY BE APPLICABLE TO THE CITY OF TAMARAC AS WELL.

SECONDLY, HE MENTIONS THE STATE PREEMPTION OF HOME BASED BUSINESSES.

[00:30:04]

BOTH HAVE PROVISIONS IN THEIR DOCUMENTS, PROVIDING THAT NO TRADE OR BUSINESS CAN BE CONDUCTED IN THOSE SECTIONS.

I SUSPECT THE OTHER SECTIONS HAVE THE SAME PROVISION.

I'M JUST MORE KNOWLEDGEABLE ABOUT TWO IN ABOUT THREE AND FOUR, AND THEY ALSO SAY YOU CAN'T PARK ON THE GRASS.

I THINK YOU ALSO SHOULD ADD SOME DECIBEL INFORMATION TO YOUR NOISE ORDINANCE.

IF YOU DON'T HAVE A DECIBEL METER, YOU SHOULD GET THE POLICE ONE BECAUSE IF NOISE EXCEEDS A CERTAIN DECIBEL, THEN A PARTY CAN BE STOPPED, CAN BE TOLD TO LOWER THE NOISE AND NOT TO MAKE--UNLAWFUL NOISE IS HARD, IT'S A VAGUE TERM, BUT DECIBELS, THEY'RE EITHER UNDER IT, ON IT, OR OVER IT, AND ALSO THE CITY ATTORNEY MENTIONS ABOUT A PERMIT BEING NEEDED FOR ALL SPECIAL EVENTS, AS WELL AS COMMISSION APPROVAL REQUIRED TO SERVE OUTSIDE ALCOHOL CONSUMPTION.

BASED ON HIS REVIEW, I DO NOT UNDERSTAND WHY BSO DIDN'T STOP THE PARTY HOUSE FROM HAVING A PARTY AND TOLD RICHARD G.

ALL THEY COULD DO IS ISSUE A $250 FINE.

BSO DIDN'T ASK THE PEOPLE HAVING THE PARTY, DO YOU HAVE A PERMIT.

DIDN'T ASK IF THEY HAVE COMMISSION APPROVAL FOR SERVING LIQUOR, AND OBVIOUSLY THAT'S IN YOUR CODE TODAY, AND WHAT HIS MEMO REALLY POINTS OUT IS THERE NEEDS TO BE MORE COORDINATION WITH BSO AND THE CITY POLICIES.

THEY NEED TO KNOW WHAT THEY ARE.

FINALLY, I WAS IN FRONT OF YOU ON NOVEMBER 10TH AND I OUTLINED THE DISPARATE TREATMENT THAT SECTION THREE AND FOUR ARE RECEIVING FROM BSO WITH RESPECT TO PARKING.

COMMISSIONER BOLTON ASKED THE CITY MANAGER TO LOOK INTO THE DISPARATE TREATMENT AND TO GIVE A REPORT BACK.

IT'S NOW FOUR MONTHS SINCE I MADE THAT REQUEST, AND I'M WONDERING WHEN WE'RE GOING TO GET THE ANSWER. THANK YOU.

THANK YOU. DARCY SCHILLER.

GOOD MORNING, KINGS POINT TAMARAC.

A COUPLE OF COMMENTS.

I'M QUITE CONCERNED AND DISTURBED THAT COMMISSIONER OF DISTRICT TWO HAD HIS PERSONAL AIDE, HIS PROFESSIONAL LIAISON AIDE IN HIS POSITION AS COMMISSIONER TO COME UP HERE AND SPEAK AS A COMMUNITY MEMBER DURING BUSINESS HOURS AND I'M A LITTLE CONCERNED.

THAT'S ALMOST LIKE NOT KOSHER.

YOU EITHER DO IT ON YOUR OWN TIME OR YOU ADMIT YOU'RE A CITY EMPLOYEE SO THAT I WAS NOT REAL HAPPY WITH.

THERE'S BEEN A LOT OF--OVER THE YEAR AT LEAST BECAUSE I'VE BEEN INVOLVED AT THIS POINT, A SOLID YEAR--THERE'S BEEN A LOT OF BACK AND FORTH, BACKSTABBING AND ARGUING, AND I WOULD HOPE THAT THE CITY ATTORNEY WILL BE MUCH MORE ACTIVE AND AGGRESSIVE AND CEASE AND DESIST THE ACRIMONY THAT GOES ON BACK AND FORTH.

I THINK THAT WOULD HELP TREMENDOUSLY.

NEXT IS MY ISSUE OF I DON'T EVEN KNOW HOW YOU WOULD DESCRIBE THIS.

2:00 IN THE MORNING, 1:00 IN THE MORNING, 11:30, 4:00 IN THE MORNING, AND I'M GOING TO MAKE A MAJOR ASSUMPTION THAT IT HAPPENS AT THE SPORTSPLEX.

YOU HEAR LIKE AS IF SOMEBODY IS SHOOTING OFF A RIFLE, IT GOES JUST STOPS. NOW, YES, I'VE CALLED THE POLICE AND YES, THEY'VE SENT PEOPLE OUT THERE I MEAN, I'VE SPOKEN TO THEM. I FOLLOWED UP WITH THEM.

THEY SENT HELICOPTERS, THEY SENT A WHOLE BUNCH OF CARS.

MY REQUEST WOULD BE, SINCE THIS HAPPENS VERY FREQUENTLY AND WE KNOW--AGAIN, WE DON'T KNOW, I'M MAKING THE ASSUMPTION THAT IT'S KIDS HAVING FUN--THAT MAYBE THE POLICE PATROL THE AREA A LITTLE BIT MORE AGGRESSIVELY, BECAUSE I KNOW IT'S NOT HAPPENING IN KINGS POINT, SO IT'S GOT TO BE HAPPENING IN THE SURROUNDING AREAS AND THAT'S IT.

THANK YOU. THANK YOU.

THE NEXT PEOPLE WHO SIGNED UP, I'M NOT SURE IF YOU SIGNED UP FOR PUBLIC SPEAKING OR IF YOU WERE JUST SIGNING IN BECAUSE YOU ARRIVED.

JAMIE [INAUDIBLE], YOU WERE JUST--YEAH, THE THREE OF YOU? THANK YOU, WELCOME.

IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO SPEAK WHO HAS NOT SIGNED UP? NO? ALL RIGHT, PUBLIC PARTICIPATION IS NOW CLOSED.

WE WILL NOW MOVE ON TO THE CONSENT AGENDA.

[4. CONSENT AGENDA ]

ALL RIGHT, 4C IS REMOVED.

[00:35:03]

I NEED A MOTION AND A SECOND--MADAM, I REQUESTED 4C AND 4D.

RIGHT, BUT YOU WOULD REQUEST THAT I'M REQUESTING FOR MYSELF.

SO, YEAH. SO, MADAM MAYOR, I'M REQUESTING ITEM 4D.

YOU'RE REQUESTING 4D TO BE REMOVED? RIGHT. ALL RIGHT, CITY MANAGER, YOURS IS COMPLETELY DELETED.

4C IS DELETED.

I DON'T WANT IT TO BE CONSIDERED TODAY.

OKAY, AND 4D IS BEING REMOVED FOR DISCUSSION AFTERWARDS.

DO I HAVE A MOTION AND A SECOND TO APPROVE THE CONSENT AGENDA AS AMENDED? SO MOVED.

SECOND. THANK YOU VERY MUCH.

WE HAVE A MOTION BY COMMISSIONER VILLALOBOS, A SECOND BY COMMISSIONER PLACKO.

CITY CLERK, PLEASE CALL THE ROLL.

MOTION PASSES UNANIMOUSLY 5 TO 0.

THANK YOU. CITY ATTORNEY, PLEASE READ 4D TR13747 TITLE FOR THE RECORD.

YES, MADAM MAYOR, MEMBERS OF THE COMMISSION.

RESOLUTION OF CITY COMMISSIONERS OF THE CITY OF TAMARAC, FLORIDA APPROVING THE PURCHASE OF DIESEL FUEL AND GASOLINE FROM PORT CONSOLIDATED, INC, UTILIZING THE CITY OF POMPANO BEACH RP NUMBER EO3-22 ON BEHALF OF SOUTHEAST FLORIDA GOVERNMENT PURCHASING COOPERATIVE AUTHORIZING PURCHASE OF DIESEL FUEL AND GASOLINE IN THE QUANTITIES NEEDED BASED ON THE OPIS FUEL INDEX COST AT THE TIME OF DELIVERY EFFECTIVE MARCH 15, 2022 THROUGH MARCH 14, 2027, OR AS EXTENDED BY THE CITY OF POMPANO BEACH, AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE CONTRACT RENEWALS, PROVIDING FOR CONFLICTS, PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU. NEED A MOTION AND A SECOND, PLEASE.

SO MOVED. SECOND.

MOTION BY THE VICE MAYOR AND SECOND BY COMMISSIONER VILLALOBOS.

VICE MAYOR, YOU ASKED FOR THIS TO BE PULLED? OBVIOUSLY, EVERYONE'S PAYING THE PRICE FOR THE WAR RUSSIA HAS ON UKRAINE AND IT'S IMPACTING GAS PRICE, AND I SEE HERE THAT THERE'S A FIXED GAS PRICE COSTS OF $3.50 PER GALLON, AND I SEE THAT WE HAVE, THROUGH THIS RFP, A CONTRACT THAT WOULD START MARCH 15, 2022, EXPIRING IN 2027 WITH SOME RENEWAL OPTIONS THROUGH 2032.

IS THIS A FIXED GAS PRICE OR ARE WE ALSO SUBJECT TO THE PRICE INCREASES THAT'S GOING ON RIGHT NOW? COMING DOWN TO THE PODIUM, WE HAVE TROY GIES.

PLEASE GIVE US THE TITLE.

THANK YOU. THE ACTING ASSISTANT DIRECTOR FOR PUBLIC SERVICES.

THANK YOU. SO THE ONE ITEM THAT YOU MENTIONED THAT WAS $3.50 PER GALLON, IT'S ACTUALLY A FLUID THAT'S ADDED TO THE DIESEL SYSTEM TO REDUCE THE POLLUTION.

IT'S SOMETHING THAT'S BEEN ADDED TO THE CONTRACT THIS YEAR.

RIGHT NOW, WE PURCHASE THAT ON SORT OF THESE SMALLER JUGS BECAUSE RIGHT NOW WOULD BE A BULK DELIVERY, BUT THAT'S THE PRICE FOR THAT PARTICULAR COMMODITY.

SO EVERYTHING ELSE, THE FUEL HAS THIS ADDITIONAL COST PER GALLON, AND EFFECTIVELY WHEN THIS WENT OUT TO BID, WHAT WE GOT IS WE RECEIVED THE LOWEST MARGIN.

SO THAT'S WHAT WE HAVE.

SO YES, WE HAVE THE PRICE VOLATILITY.

IT IS WHAT IT IS, AND SO WE'RE GOING TO BE SUBJECT TO THAT.

HOWEVER, BEING ABLE TO BUY IN BULK EFFECTIVELY STRAIGHT FROM THE DISTRIBUTOR IS ONE OF THOSE THINGS THAT WILL HELP SMOOTH THAT OUT A LITTLE BIT.

KEITH HAS SOME ADDITIONAL INFORMATION REGARDING SOME OF THE PRICES THAT WE'VE SEEN.

IF YOU'D LIKE TO HEAR SOME MORE DETAIL ON THAT.

YES. GOOD MORNING, KEITH GLATZ, YOUR PURCHASING CONTRACTS MANAGER AND WHAT I HAVE IS I PULLED OUT THE PRICING THAT WE WOULD HAVE PAID YESTERDAY HAD WE HAD DELIVERY OF GASOLINE.

FOR EXAMPLE 87 GRADE THE PRICE THAT WAS QUOTED THROUGH MIAMI OPIS INDEX WAS 3.30200 CENTS PER GALLON.

SO WE WOULD THEN ADD THE FACTOR ON A TRANSPORT DELIVERY OF THE I BELIEVE IT'S THE .036, AND WE WOULD ADD THAT TO THE PRICE, AND SO WE'RE STILL PAYING CONSIDERABLY A

[00:40:04]

SO IT SAYS THAT THERE'S AN APPROVED BUDGET AMOUNT OF $402,000.

IS THAT GOING TO BE ENOUGH FOR THIS YEAR, GIVEN THE CURRENT CIRCUMSTANCE? I'LL LET TROY ADDRESS THAT PART.

THAT IS A REALLY GOOD QUESTION.

WE'VE BEEN DOING A PRETTY GOOD JOB OF BUDGETING THIS.

I'M CONFIDENT THAT WILL BE ENOUGH.

HOWEVER, THAT IS SOMETHING THAT IF.

IF THE SITUATION DEVOLVES EVEN MORE SO, AND WE SEE MORE PRICE VOLATILITY IT'S SOMETHING THAT WOULD COME BACK TO YOU GUYS AS A BUDGET AMENDMENT.

HOWEVER, I DON'T RECALL IN RECENT MEMORY HAVING TO COME BACK TO COMMISSION FOR A BUDGET AMENDMENT REGARDING THE FUEL.

SO IT'S ONE OF THOSE THINGS THAT WE BUDGET CONSERVATIVELY HIGH.

SO I DO BELIEVE THAT WILL BE ENOUGH FOR THE REMAINDER OF THE YEAR AND THAT WILL BE THAT THE AMOUNT BUDGETED FOR NEXT YEAR WILL BE SUFFICIENT.

DO WE HAVE AN ACTUAL TO BUDGETED CHART OR EXPENSE OR A SPREADSHEET THAT SHOWS HOW MUCH WE SPENT YEAR-TO-DATE COMPARED TO HOW MUCH WAS BUDGETED YEAR-TO-DATE? WE DID NOT DO A CHART.

HOWEVER, I BELIEVE THAT I INCLUDED THAT--I'M SORRY I DID NOT INCLUDE THE AMOUNT BUDGETED. HOWEVER, FOR FY 22, WE BUDGETED 402,524.

IN FY 21, WE WE BUDGETED 399,000 AND WE EXPENDED 341,000.

YEAH, I SEE THAT. OKAY.

IF YOU WOULD LIKE ADDITIONAL--I WAS CURIOUS AS TO HOW WE'RE TRENDING SO FAR THIS YEAR.

SO WE'VE GONE THROUGH JANUARY, FEBRUARY, WHAT WAS THE TOTAL BUDGETED AMOUNT THROUGH THOSE TWO MONTHS? WHAT WAS THE ACTUAL EXPENDITURE FOR THOSE TWO MONTHS? I CAN PULL THAT UP.

I DON'T HAVE THAT INFORMATION IN FRONT OF ME, BUT I SHOULD BE ABLE TO GET THAT HERE DURING THE MEETING. OKAY, THANK YOU.

OKAY. ALL RIGHT.

THANK YOU. SEE NO OTHER QUESTIONS.

CITY CLERK PLEASE CALL THE ROLL.

MOTION PASSES UNANIMOUSLY 5 TO 0.

THANK YOU. NOW MOVING ON TO 5A ON OUR REGULAR AGENDA, TR13757.

[5.a TR13757 - A Resolution of the City Commission of the City of Tamarac, Florida, approving an Agreement of Purchase and Sale of surplus real property to sell ±1.41-acres of Citv-owned vacant land located at 7200 N Universitv Drive for $1.05 Million to https://granicus_production_attachments.s3.amazonaws.com/tamarac/4f46947984e76fde75127b6b144b41e20.html 2/4. RFP 21-03R Commission-selected developer Vida Garden Plaza, LLC (formerly Group B Properties FL, LLC) to construct a rooftop restaurants and retail project and authorizing the City Manager and City Attorney to take all necessary action to effectuate the disposition; providing for conflicts; providing for severability; and providing for an effective date. ]

YES, MADAM MAYOR AND MEMBERS OF THE COMMISSION.

THIS IS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT OF PURCHASE AND SALE OF SURPLUS REAL PROPERTY TO SELL +/-1.41 ACRES OF CITY OWNED VACANT LAND LOCATED AT 7200 NORTH UNIVERSITY DRIVE FOR 1.5 MILLION TO RFP 2103R COMMISSION SELECTED DEVELOPER VIDA GARDEN PLAZA LLC, FORMERLY GROUP B PROPERTIES FLORIDA LLC TO CONSTRUCT A ROOFTOP RESTAURANT AND RETAIL PROJECT AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL NECESSARY ACTION TO EFFECTUATE THE DISPOSITION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. THANK YOU VERY MUCH.

I NEED A MOTION AND A SECOND, PLEASE.

SO MOVED.

SECOND. ALL RIGHT, COMMISSIONER BOLTON WITH A MOTION, COMMISSIONER PLACKO WITH A SECOND, AND WE HAVE BEFORE US ECONOMIC DEVELOPMENT MANAGER LORI FUNDERWHITE, WHO WILL PROVIDE A BRIEF PRESENTATION.

GOOD MORNING, MAYOR, VICE MAYOR AND COMMISSIONERS.

FOR THE RECORD, LORI FUNDERWHITE, ECONOMIC DEVELOPMENT MANAGER.

THIS ITEM BEFORE YOU THIS MORNING FOR YOUR CONSIDERATION IS A CONTRACT, AND AGREEMENT OF PURCHASE AND SALE IN ORDER TO SELL 1.41 ACRES OF CITY OWNED PROPERTY.

THIS IS THE PARCEL DIRECTLY WEST AND IN FRONT OF THE BRAND NEW FIRE STATION, 36, LOCATED AT 7200 NORTH UNIVERSITY.

THE CITY WOULD SELL THE PARCEL FOR 1.05 MILLION TO A DEVELOPER, VIDA GARDEN PLAZA LLC, FORMERLY GROUP B PROPERTIES FLORIDA LLC, WHO WAS SELECTED BY THE COMMISSION LAST YEAR AS A RESULT OF A CITY ISSUED REQUEST FOR PROPOSALS OR RFP TO FIND THE BEST COMMERCIAL REDEVELOPMENT PROPOSAL THAT WOULD FURTHER REVITALIZE OUR MEDICAL MILE DISTRICT REDEVELOPMENT AREA.

THE CITY'S GOAL IN THE RFP ISSUANCE LAST YEAR WAS NOT ONLY TO OBTAIN A COMPETITIVE OFFER, BUT MORE IMPORTANTLY, TO CHOOSE A DEVELOPMENT PROJECT THAT WOULD BEST MEET THE CITY'S ECONOMIC DEVELOPMENT OBJECTIVES, TO REVITALIZE THE MEDICAL MILE REDEVELOPMENT AREA AND COMMERCIAL CORRIDOR AND PROVIDE UPSCALE AMENITIES FOR THE COMMUNITY.

THE RFP WAS UNANIMOUSLY AWARDED BY THE CITY COMMISSION TO VIDA GARDEN PLAZA LLC, WHOSE CONCEPT TO CONSTRUCT AN UPSCALE ROOFTOP RESTAURANTS AND RETAIL PLAZA WAS DEEMED THE BEST FIT TO MEET THE CITY'S REDEVELOPMENT, VISION AND GOALS FOR ECONOMIC DEVELOPMENT.

[00:45:04]

WHILE THE PROJECT DETAILS WOULD BE FINALIZED DURING THE DEVELOPMENT AGREEMENT PROCESS OF THE CONTRACT DUE DILIGENCE PERIOD.

CONCEPTUALLY, THE PROJECT INCLUDES TWO UPSCALE RESTAURANTS ON THE GROUND FLOOR AND WITH A RESTAURANT ROOFTOP TERRACE AS WELL AS GROUND FLOOR.

UPSCALE RETAIL APPROXIMATELY 9600 SQUARE FEET WITH SEVERAL RETAILERS.

THE SELECTED DEVELOPER HAS EXPERIENCE ACROSS THE COUNTRY DEVELOPING, OWNING AND OPERATING MULTIPLE RETAIL RESTAURANTS AND OTHER COMMERCIAL PROJECTS, INCLUDING PROJECTS SIMILAR TO THE ROOFTOP RESTAURANTS AND RETAIL CONCEPT PROPOSED FOR TAMARAC.

TO HIGHLIGHT A FEW OF THE KEY TERMS WITHIN THE CONTRACT, THE SALE PRICE IS $1,050,000, WHICH IS THE APPRAISED VALUE.

THERE WILL BE A 60 DAY INSPECTION PERIOD FOR ITEMS SUCH AS ENVIRONMENTAL SURVEY AND TITLE WORK, FOLLOWED BY A 180 DAY PERIOD FOR THE GOVERNMENT APPROVALS PROCESS, WHICH WILL INCLUDE NEGOTIATING A DEVELOPMENT AGREEMENT WITH THE COMMUNITY DEVELOPMENT DEPARTMENT THAT WILL BE BROUGHT BACK TO THE COMMISSION FOR APPROVAL PRIOR TO CLOSING ON THE PROPERTY. ANOTHER DOCUMENT THAT WILL BE BROUGHT TO YOU FOR APPROVAL BEFORE THE CLOSING WILL BE A SEPARATE DEVELOPMENT PROFFER AGREEMENT.

AS YOU MAY RECALL, WHEN THE RFP WAS AWARDED AT THE COMMISSION MEETING LAST YEAR, THE COMMISSION REQUESTED AND THE DEVELOPER ACCEPTED A $500,000 CONTRIBUTION TO COMMUNITY CHARITIES, 100,000 PER YEAR OVER A FIVE YEAR PERIOD, POST-CONSTRUCTION HALF OF WHICH WOULD GO TOWARD CHARITIES ADDRESSING HOMELESSNESS ISSUES.

THE CLOSING WILL TAKE PLACE 15 DAYS AFTER THE GOVERNMENT APPROVALS AND DEVELOPMENT AGREEMENT ARE IN PLACE IF ALL GOES AS PLANNED 8 TO 9 MONTHS FROM NOW.

I ALSO WANTED TO POINT OUT THE RETURN ON INVESTMENT WITH THIS PROPERTY.

SOME OF YOU MAY RECALL THIS WAS THE FORMER PICCADILLY CAFETERIA SITE THAT THE CITY COMMISSION APPROVED BACK IN 2014 TO PURCHASE FOR $1.2 MILLION.

AT THE TIME, SEEING THE OPPORTUNITY TO BUILD A NEW FIRE STATION THAT THE CITY NEEDED, AND ALSO TO CREATE THIS COMMERCIAL ECONOMIC DEVELOPMENT OPPORTUNITY ALONG UNIVERSITY.

THE CITY, OF COURSE, IS KEEPING THE EASTERNMOST TWO ACRES OF THE 3.41 ACRE SITE WITH OUR NEW FIRE STATION 36, AND NOW UPON THE SALE, THE CITY WOULD RECOUP ALMOST 90% OF ITS INITIAL INVESTMENT AND HAVE RECEIVED NOT ONLY A NEW FIRE STATION, BUT A COMMERCIAL REVITALIZATION PROJECT AS WELL, AN EXCELLENT RETURN ON THE CITY'S INITIAL INVESTMENT.

I THINK THIS RESTAURANT AND RETAIL DEVELOPMENT WILL BRING POSITIVE ECONOMIC IMPACT TO THE COMMUNITY, EXPAND OUR COMMERCIAL TAX BASE, BEAUTIFY THIS CORRIDOR ON A CURRENTLY VACANT LOT, AND BRING INVESTMENT, GROWTH AND VITALITY TO THE MEDICAL MALL REDEVELOPMENT AREA THAT HAS BEEN SPECIFICALLY TARGETED FOR MIXED USE COMMERCIAL DEVELOPMENT OF REVITALIZATION, ESPECIALLY AS A COMMUNITY, HAS CONSISTENTLY SOUGHT UPSCALE RESTAURANT AND RETAIL DEVELOPMENT, AND THIS HIGH END DESIGN CONCEPT WITH CONTEMPORARY ROOFTOP SEATING WOULD BE A VIBRANT NEW ADDITION TO TAMARAC.

SO FINALLY, HERE'S JUST A QUICK OVERVIEW OF THE RFP AND DEVELOPMENT PROCESS.

AS MENTIONED, WE ARE NOW AT THE CONTRACT STAGE AND THE NEXT STAGE WILL BE THE CONTRACT DUE DILIGENCE PERIOD THAT WILL BEGIN AND TWO MORE AGREEMENTS WILL BE NEGOTIATED AND BROUGHT BACK FOR APPROVAL PRIOR TO CLOSING ON THE PROPERTY.

THOSE TWO AGREEMENTS BEING THE DEVELOPER PROFFER AGREEMENT AND THE DEVELOPMENT AGREEMENT. SO WITH THAT, I THANK YOU FOR YOUR TIME.

THE VIDA GARDEN PLAZA DEVELOPER M.B.

AND HIS CONTRACTOR J.A.

ARE HERE TODAY TO ANSWER ANY QUESTIONS YOU MAY HAVE, AND ALSO KEN KRASNO FROM COLLIERS, WHO HELPED THE CITY MARKET THE PROPERTY AND EVALUATE THE PROPOSALS, AND WE ARE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

THANK YOU. COMMISSIONER PLACKO.

THANK YOU. GOOD MORNING.

THANK YOU, LORI. I HAVE A FEW QUESTIONS FOR THE DEVELOPER, IF YOU ALL WOULDN'T MIND, COMING UP. COME ON, DON'T BE SHY.

M.B.

AND J.A.

GOOD MORNING, WELCOME BACK.

GOOD MORNING. GENTLEMEN, CAN YOU GIVE ME YOUR CONCEPT OF WHAT YOU SEE HERE? WHAT TYPE OF RESTAURANT AND WHAT TYPE OF RETAIL? THE CONCEPT IS ABOUT TWO RESTAURANTS, ONE IN EACH CORNER.

THEY ARE VERY MUCH SIMILAR TO THE ONES WE HAVE EXISTING AND WE HAVE A

[00:50:01]

IT'S EXISTING. ANYBODY CAN GO.

IT'S VIDA GARDEN AND EL TANGO ARGENTINA GRILL.

IT'LL BE WITHIN THAT SIMILAR LOOK.

AS WE GET TO KNOW THE AREA BETTER NOW THAT IT'S APPROVED, WE WILL DO WHATEVER SOMETHING ON THE UPSCALE SIDE, BUT THAT SUITS ALSO THE COMMUNITY, AND RETAIL STORES.

WELL, LET'S GO BACK TO THE RESTAURANT FOR A MINUTE.

ARE THESE FRANCHISES OR ARE YOU ALL PERSONALLY RUNNING THEM? I OWN THEM AND RUN THEM. SO YOU OWN AND RUN THEM? RIGHT. ALL RIGHT, AS FAR AS RETAIL, I KEEP HEARING UPSCALE RETAIL.

WHAT DO YOU CONSIDER UPSCALE RETAIL? SOMETHING THAT IS NOT A DOLLAR STORE.

[CHUCKLING] IT'S DEFINITELY SOMETHING WITHIN--WE'RE TRYING TO MATCH EVERYTHING TO THE LOOK OF THE PLACE AND EVERYTHING.

SO WE ARE DEFINITELY NOT LOOKING FOR DISCOUNT STORES OR IT'LL BE MORE WE TRYING TO GET FASHION BEAUTY SALON WITHIN THAT AREA OF PEOPLE THAT COME TO RESTAURANTS LIKE TO GO TO BEAUTY PLACES, THEY LIKE TO GO TO BUY CLOTHES, SHOES, YOU KNOW.

SO THAT'S THE AREA WE'RE TRYING TO REACH OUT.

TELL ME, YOU HAVING A ROOFTOP RESTAURANT, ARE YOU TALKING ABOUT MUSIC ON THE ROOFTOP RESTAURANT? FRIDAY NIGHT? SATURDAY NIGHT? YES. WHAT KIND OF HOURS? BECAUSE WE DO HAVE RESIDENTIAL RIGHT THERE.

WE HAVE A FIRE STATION.

OUR FIRE PERSONNEL NEED TO GET THEIR SLEEP.

YEAH, IN GENERAL, WE TRY TO KEEP THE MUSIC TO THE INSIDE, BUT WHATEVER MUSIC, IT'S OUTSIDE, IT'S ON THE LOW LEVEL, AND IT WOULDN'T BE OBVIOUSLY ON THE WEEKENDS WE ARE OPEN TILL CERTAIN HOURS BECAUSE THAT'S THE DEMAND AND BUT WE WE ALWAYS YOU KNOW, WE HAVE THEM IN OTHER CITIES.

WE ARE NEXT TO RESIDENTS A LOT CLOSER THAN WE ARE HERE, BUT WE ALWAYS LIVE UP TO THE RULES AND THE REGULATIONS.

OKAY, ONE OF THE THINGS THAT CONCERNS ME, AND I THINK I'M GOING TO ADDRESS THIS TO LORI IS THAT CONCEPTUAL THAT'S SO VAGUE AND SO BROAD BASED, AND AS WE HAVE SEEN THROUGH THE PAST COUPLE OF YEARS, THE ECONOMY CHANGES AND AS THE ECONOMY CHANGES, THAT CONCEPTUAL CHANGES. TO THAT, I WILL SAY AT THIS STAGE IT'S CONCEPTUAL.

THE NEXT PHASE DURING DUE DILIGENCE, WHEN THE DEVELOPMENT AGREEMENT IS NEGOTIATED WITH THE DEVELOPER, THAT'S WHEN MORE DETAILS WILL BE FLESHED OUT IN THE PROJECT, AND I UNDERSTAND THAT. SO I'M SAYING ON RECORD, I'M CONCERNED ABOUT THAT AREA.

I UNDERSTAND ECONOMY CHANGES AND THINGS CHANGE AND YOU'RE IN BUSINESS TO DO BUSINESS.

YEAH, BUT WE ARE STILL NOT LOOKING TO DO DISCOUNT STREET.

THAT'S NOT OUR CONCEPT, NOR DO WE WANT AND WITH THE ECONOMY UP AND DOWN, WE UNDERSTAND; I HAVE SURVIVED 40 YEARS OF THOSE ECONOMY'S UPS AND DOWNS.

WE STILL KEEP TO OUR CONCEPT.

WHAT TYPE OF TIME FRAME ARE YOU LOOKING AT TO START CONSTRUCTION AND WHAT DO YOU ESTIMATE THE COMPLETION TIME WOULD BE? AS FAST AS THE CITY WILL APPROVE THIS.

[CHUCKLING] EVERYONE HEARD THAT? WHAT'S THE TIME FRAME THAT IT TAKES TO BUILD SOMETHING LIKE THIS? SINCE OUR GROUP IS THE BUILDER, WE DON'T HAVE DIFFICULTY TO BUILD.

THE DIFFICULTIES, AS YOU KNOW, IT'S THE BUREAUCRACY OF PAPERWORK.

FROM ALL OUR EXPERIENCE IN OTHER PLACES, IT'S ALWAYS THE PROBLEM IS WAITING, AND DUE TO THE FACT THAT CORONA HAS MADE THINGS A LOT MORE DIFFICULT.

SO CITY DEPARTMENT OF CONSTRUCTION IS ALWAYS NOW BY THE TIME THEY GET BACK TO YOU, YOU ALREADY COULD HAVE STARTED CONSTRUCTION.

WE'RE HEARING A LOT, TOO, THAT SUPPLIES ARE DIFFICULT TO OBTAIN.

THE PRICE IS HIGHER, BUT THE SUPPLIES ARE AVAILABLE.

OKAY, ALL RIGHT. I THINK THAT'S IT FOR NOW.

[00:55:01]

THANKS FOR COMING BACK.

THANK YOU. THANK YOU, GENTLEMEN.

WE WILL NOW GO TO THE VICE MAYOR.

GENTLEMEN, IF YOU CAN COME BACK.

VICE MAYOR HAS SOME QUESTIONS FOR YOU.

GOOD MORNING, THANKS FOR CHOOSING THE CITY OF TAMARAC.

LORI MENTIONED THAT YOU GUYS HAVE THIS SOMEWHERE ELSE.

CAN YOU TALK ABOUT THE OTHER LOCATIONS WHERE THEY ARE, HOW'RE THEY PERFORMING? WE ARE IN ENGLEWOOD, NEW JERSEY, AND ALSO IN OTHER AREAS, BUT WITHIN THE NEW JERSEY AREA.

RUNNING THE RESTAURANT LOUNGE AND FOR THE LAST 30 YEARS.

ANYTHING IN MIAMI? WE ARE BUILDING RIGHT NOW IN ONE OF MY HOTELS, VIDA GARDEN LOUNGE WILL BE OPEN WITHIN THE NEXT 3 TO 6 MONTHS, AND IT'S ON THE BEACH ON 65TH STREET AND COLLINS AVENUE.

OKAY, AND THEN FOR YOUR EXISTING RESTAURANT IN NEW JERSEY, HOW IS THAT PERFORMING IN TERMS OF YOUR HEADCOUNT EVERY NIGHT? WE JUST BUILD AN EXTENSION THAT WILL BE OPEN IN THE NEXT COUPLE OF MONTHS.

WE WILL ADD ANOTHER 100 OR SO SPACES.

SO OBVIOUSLY, IN OUR CASE, CORONA HELPED US.

SO, AND WHEN YOU DO YOUR DEMOGRAPHIC STUDY, THE CITY DEMOGRAPHICS DOES IT FIT YOUR--VERY MUCH SIMILAR TO TAMARAC.

ENGLEWOOD IS 50% WHITE 20-25% AFRICAN-AMERICANS AND 20% LATINOS AND 5% ASIAN.

OKAY, AND THEN FOR LORI, IF YOU COULD GO BACK A SLIDE OR TWO WHEN YOU TALK ABOUT THE RETURN ON INVESTMENT, THE CITY WILL RECOUP 90% OF ITS INITIAL INVESTMENT.

WHAT'S THE MATH BEHIND THAT? HOW DO YOU COME TO THAT CONCLUSION? THAT'S JUST BASED ON PURE PURCHASE PRICE.

THE CITY PURCHASED THE 3.41 ACRE SITE FOR 1.2 MILLION, AND NOW WE'RE SELLING A PORTION OF THAT SITE FOR 1.05.

ALL RIGHT. THANK YOU.

THANK YOU. I WOULDN'T GO YET, JUST SAFER THAT WAY.

THANK YOU.

COMMISSIONER VILLALOBOS. WELL, THANK YOU VERY MUCH.

THIS QUESTION, SIMILAR QUESTIONS WERE ALREADY ASKED, SO I'M GOING TO JUST HAVE TWO QUESTIONS. LORI, WHEN DO WE EXPECT ANY MOVEMENT CONSIDERING THAT IT WAS APPROVED LAST YEAR? I KNOW THEY'RE DEPENDING ON THE CITY, SO I KNOW THEY'RE GOING TO PUT A LOT OF PRESSURE ON MR. GEORGE OVER HERE, BUT WHAT'S YOUR EXPECTATION? SO AT THIS POINT, WHEN WE ENTER INTO A CONTRACT, THERE'S A DUE DILIGENCE PERIOD.

SO THERE'LL BE TWO MONTHS FOR THE DEVELOPER TO CONDUCT INSPECTIONS TO TITLE AND SURVEY WORK, WORKING WITH OUR ATTORNEYS.

AFTER THAT, WE ENTER INTO THE GOVERNMENT APPROVALS PHASE WHERE THEY NEGOTIATE A DEVELOPMENT AGREEMENT WITH THE COMMUNITY DEVELOPMENT DEPARTMENT.

IF THERE ARE NO EXTENSIONS NEEDED, I EXPECT A CLOSING WITHIN EIGHT OR NINE MONTHS.

OKAY, SO IT'LL BE SOMETIME IN 2023? YEAH, CLOSING END OF THIS YEAR LIKELY.

WE HAVE A TAG IN BY [INAUDIBLE].

YOU'LL SEE THE DEVELOPMENT AGREEMENT BEFORE WE CLOSE AND THE SITE PLAN.

SO I UNDERSTAND THAT THERE IS $500,000 GOING TO CHARITIES, 250,000 GOING TO HOMELESSNESS CHARITIES. TO CITY MANAGER OR CITY ATTORNEY OR TO VIDA, HOW ARE WE DETERMINING WHO GETS WHAT? IS THAT COMMISSION-BASED? CITY-BASED? IS THAT YOUR TEAM, LORI? IS IT BASED ON THE DEVELOPER AGREEING TO WHAT WHEREIN THAT GOES TO? AS PER OUR AGREEMENT, THE FIRST 250,000, AS WE DISCUSSED IT BEFORE, WILL GO TO HOMELESS.

THE OTHER 250 A YEAR WILL BE IN COORDINATION TOGETHER.

COMMISSIONER, WE WILL HAVE A DEVELOPER PROFFER AGREEMENT THAT IS NEGOTIATED AND

[01:00:03]

SO AS IT'S STRUCTURED IN THE CONTRACT RIGHT NOW, THE BUYER WILL DRAFT THE INITIAL AGREEMENT WITH THE CITY'S LIST OF PRE-APPROVED CHARITIES AND OR OTHER CHARITIES, BUT THEY'LL DRAFT THE AGREEMENT.

IT'LL BE BROUGHT TO YOU IN A WORKSHOP SETTING FOR YOUR REVIEW AND DISCUSSION, AND WE'LL NEGOTIATE THAT AND FINALIZE IT FOR A COMMISSION MEETING FINAL APPROVAL BEFORE WE CLOSE. ALL RIGHT, THANK YOU SO MUCH, AND WE LOOK FORWARD TO A COMPLETION DATE.

THANK YOU. THANK YOU.

COMMISSIONER BOLTON. GOOD MORNING.

GOOD MORNING. SO THANK YOU SO VERY MUCH FOR COMING TO OUR CITY.

I JUST WANTED TO PUT A NAME TO THE FACE.

I KNOW THE LAST TIME YOU WERE HERE, YOU WERE IN THE SKY, AND I MADE THAT ASK FOR CHARITY.

HOMELESSNESS IS CLOSE AND DEAR TO MY HEART, AND I REALLY THANK YOU FOR PROFFERING THOSE DONATIONS. IT DOESN'T MATTER WHERE IT GOES, HOW IT GOES, ONCE IT'S GOING TO HOMELESSNESS, WE APPRECIATE IT, AND SO WE THANK YOU SO VERY MUCH FOR THAT.

OUR PLEASURE. I HAVE ONE QUICK QUESTION FOR YOU.

SO TYPICALLY DEVELOPERS GET SALES AND DEVELOPMENT AGREEMENTS APPROVED AND ALL THE NECESSARY AGREEMENTS TO BE APPROVED AND THEN THEY SELL THE DEVELOPMENT.

DO YOU HAVE ANY THOUGHTS ABOUT THAT OR IS THAT ANY REASONING IN YOUR MIND OR YOU'RE GOING TO FOLLOW THROUGH WITH THIS DEVELOPMENT FROM START TO END? WELL, SINCE ONE THIRD OF THE PROJECT DEPENDS ON US, IT'S MUCH EASIER THAN WHEN YOU TOTALLY HAVE TO RESELL IT.

HOPEFULLY NOW THAT WE PASS THE FIRST STEP, WE CAN DO MOST OF THE WORK WITH THE CITY ATTORNEY, WHICH WILL BE MUCH EASIER THAN DEALING WITH THE OUTSIDE ATTORNEYS.

I BELIEVE MY QUESTION IS LIKE SO FOR INSTANCE, WE HAD A DEVELOPER COME IN DEVELOPING A PARCEL IN MY DISTRICT.

AT THAT TIME IT WAS BAILEY SQUARE.

GREAT GUYS CAME IN, DID ALL OF THE DEVELOPMENTS, ALL THAT STUFF, BUT NOW BAILEY SQUARE IS SELLING, [INAUDIBLE] IS BUILDING, BUT IT IS A TOTALLY DIFFERENT DEVELOPER BECAUSE THE FIRST DEVELOPER SOLD THE PROJECT.

IF IT MAKES YOU ANY COMFORTABLE, FOR THE LAST 40 YEARS, I HAVE NEVER SOLD ANY OF MY PROPERTIES. OKAY, I APPRECIATE THE ASSURANCE.

[CHUCKLING] VERY SIMPLE, I DON'T SELL.

OKAY, THAT'S GOOD.

ALL RIGHT, THAT'S. THAT'S MY QUESTION.

ANYBODY WHO SELLS, USUALLY IS SORRY.

YOU START SAYING USED TO BE MINE.

[CHUCKLING] I APPRECIATE THAT.

I GENERALLY ASK MORE QUESTIONS, BUT I'VE BEEN GOING THROUGH ALLERGY ISSUES, SO I APOLOGIZE. WELL, THANK YOU VERY MUCH.

BEFORE I SPEAK, I REALIZE AND I APOLOGIZE, I DID NOT OPEN THIS UP TO PUBLIC COMMENTS FIRST. SO, GENTLEMEN, IF YOU WANT TO HAVE A SEAT FOR A MOMENT OR TWO, I'M GOING TO ASK IF THERE'S ANYBODY IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS ITEM.

I SEE THAT WE HAVE AT LEAST ONE.

I DON'T KNOW IF WE HAVE ANYBODY ELSE IN THE AUDIENCE, BUT FOR RIGHT NOW, SAME RULES APPLY. NAME AND ADDRESS FOR THE RECORD.

DARCY SCHILLER, KINGS POINT.

I AM TOTALLY CONFUSED BECAUSE TO ME, TAMARAC HAS ALWAYS BEEN A SUBURBAN COMMUNITY WITH LOTS OF PARKS.

WE DON'T HAVE OUR OWN SCHOOLS EXCEPT FOR CHALLENGER AND A COUPLE OF ELEMENTARY SCHOOLS , AND THIS COMPANY IS LOOKING TO BRING IN SOME HIGH END RETAIL AND HIGH END STORES , BUT OUR COMMUNITY'S MEDIAN INCOME DOES NOT SUPPORT THAT.

WE HAVE A BUNCH, AND ALL YOU HAVE TO DO IS TAKE A RIDE DOWN COMMERCIAL, A RIDE UP ON NOB HILL, PINE ISLAND, UNIVERSITY.

WE HAVE MANY SHOPPING CENTERS THAT HAVE COMPLETELY SHUT DOWN, AND I'M JUST WONDERING IF YOU SIGNED THE CONTRACT.

THERE'S NOTHING THAT CAN BE DONE AS FAR AS THE PROPERTY, BUT HAS ANYBODY DONE A STUDY TO LOOK AT WHY ALL THESE SHOPPING CENTERS HAVE CLOSED, WHY ALL THESE LOTS OF PROPERTY HAVE COMPLETELY GONE DOWNHILL? BECAUSE YOU ALL ARE GOING TO BRING IN MONEY , BUT IS IT GOING

[01:05:09]

ON THE FLIP SIDE, CAN PEOPLE AFFORD IT? AND THAT'S MY QUESTION, AND AGAIN, I JUST DON'T KNOW IF THERE HAVE BEEN STUDIES DONE TO SUPPORT IT, AND THAT WAS MY COMMENT.

THANK YOU VERY MUCH. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO HAS ANY COMMENTS THAT THEY WOULD LIKE TO MAKE AT THIS TIME? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED.

SO WE'LL GO TO ME AND I'LL JUST DO A LITTLE RESPONSE.

YES, STUDIES HAVE BEEN DONE.

MR. KRASNO IS HERE AND HAPPY TO SHARE ALL THE GOOD RESEARCH THAT HAS BEEN DONE IN OUR CITY FOR OUR ECONOMIC DEVELOPMENT, AND WE ARE VERY PLEASED THAT WE HAD THIS ACTIVE BID THAT WENT OUT. IT WAS A SEALED BID FOR THE BEST PROJECT, FOR THE BEST USE IN OUR CITY FOR THIS AREA.

AS FOR ECONOMIC REDEVELOPMENT AND VIBRANCY.

IT'S SOMETHING THAT WE ARE WORKING ON WITH THOSE LANDOWNERS OF THOSE PROPERTIES, AND THAT'S ONE OF THE OTHER REASONS OF WORKING WITH CODE AND OUR LAND USE AND OUR ZONING TO MAKE THOSE OTHER AREAS A LITTLE BIT MORE ATTRACTIVE FOR ECONOMIC DEVELOPMENT.

SO WHILE I GO THERE, I'M GOING TO SAY I THANK YOU BECAUSE YOU'VE BEEN VERY AMENABLE AND I APPRECIATE THAT.

I BELIEVE OUR COMMISSION HAS, AND I DO BELIEVE IF YOU BUILD IT, THEY WILL COME.

PEOPLE ARE COMING INTO OUR CITY AND THEY ARE REALIZING THE VALUE OF OUR CITY AND OUR MEDIAN INCOME IS INCREASING WHILE OTHER LOCATIONS ARE NOT, AND I THINK THAT IS SOMETHING TO BE SAID ABOUT THIS COMMISSION, THE CITY STAFF AND ALL THE HARD WORK BY THE EMPLOYEES HERE, AND I HOPE THAT CONTINUES AND I THINK IT WILL.

HOWEVER, I HAVE ONE CONCERN, WHICH I CAN KEEP MY MOUTH SHUT ABOUT BECAUSE IT WOULD BE POLITICALLY EASY, BUT I HAVE A PROBLEM WITH THAT TOO.

I THINK IT'S FABULOUS THAT YOU OFFERED ON THE FLY ON THE FLOOR, 500,000 MORE THAN THE SEALED BID PRICE.

HOWEVER, I THINK THAT CREATES A CHILLING EFFECT ON OTHER PEOPLE WHO MAY WANT TO COME AND DEVELOP IN OUR CITY WHEN THEY COME IN WITH AN EXPECTATION THAT THE CITY BIDS HAVE BEEN OUT LIKE THIS AND THEY COME HERE, ONE THING TO SAY, MAYBE $100,000 FOR SOMETHING, MAYBE GOING TO--CHARITY IS NOT A BAD THING, DON'T GET ME WRONG BUT TRAFFIC CALMING IN THE AREA IN WHICH THE PROPERTY IS LOCATED OR AROUND THE PROPERTY THAT OUR RESIDENTS ARE COMPLAINING ABOUT AND OUR BUDGET DESPERATELY NEEDS, AND I SUPPORTED THE VOTING FOR IT BECAUSE I THINK IT'S AN EXCELLENT PROJECT.

I THINK IT'S GOING TO INSTILL CLASS AND IN SOME GREAT RESTAURANTS.

I'VE LOOKED THEM UP FOR WHAT YOU HAVE AND APPRECIATE YOU'RE GOING TO KEEP IT IN THE FAMILY, SO TO SPEAK, SO IT DOESN'T GO AWAY, AND YOU'VE DONE YOUR HOMEWORK.

THAT'S WHY YOU SELECTED TO BE HERE, BUT FOR US AS A COMMISSION TO SAY TO A DEVELOPER, I WANT YOU TO GIVE HALF A MILLION DOLLARS, WHICH IS ONE HALF OF THE PURCHASE PRICE THAT WE PUT IN THE SEALED BID THAT YOU AGREED TO, THAT'S A LOT OF MONEY, AND I THINK THAT OTHER DEVELOPERS MAY SAY, I'M NOT SURE I WANT TO DEVELOP HERE IN THIS CITY BECAUSE OF THAT PROCESS AND GRANTED, IT'S 500,000 OVER FIVE YEARS; WE PRESUME YOU'RE GOING TO MAKE MONEY.

THAT'S ALL WHAT YOU SHOULD DO, AND IT SHOULD BE BRINGING IN GOOD INCOME TO THE CITY AND MORE PEOPLE INTO THE CITY, BUT IT BOTHERS ME AND I WANTED THAT ON THE RECORD.

I HAVE CONCERNS ABOUT THAT.

I THINK OUR HOMELESS NEED HELP.

I THINK OUR CHARITIES NEED HELP, ESPECIALLY OVER THE PAST YEARS, WHERE MONEY IS NOT AS FLOWING OUT OF PEOPLE BECAUSE OF THE ECONOMY , AND WE KNOW THAT COMING UP, THINGS ARE GOING TO GET A LITTLE HARDER OR ARE GETTING HARDER FOR PEOPLE.

SO I JUST WANTED TO SHARE THAT PART.

I KNOW THAT THIS IS A STEP ONE IN THE PROCESS.

WE ARE AGREEING TO PURCHASE A PROPERTY FROM US.

YOU HAVE SOME CONCEPTS THAT WE'VE AGREED, WHICH IS THE CONSIDERATION FOR THIS CONTRACT, TO HAVE IT GO FORWARD TO THE NEXT STEP THROUGH DUE DILIGENCE.

THE NEXT STEP WILL BE THE PROFFER ON WHETHER OR NOT UNLESS THIS COMMISSION DECIDES TO REMOVE TO BE FROM THE FROM THE CONTRACT AT THIS TIME, THAT PROFFER WILL COME BACK FOR DISCUSSIONS ON CHARITIES AND WHERE IT SHOULD GO, AND THEN WE HAVE THE COMPLETE DEVELOPMENT AGREEMENT, WHICH WILL STATE HOW LATE THE BUSINESS WILL BE OPEN, THE DECIBEL SOUND ON THE ROOFTOP AND WHAT KIND OF STORES WILL BE COMING IN AND THINGS LIKE THAT AND WHAT IT ACTUALLY LOOKS LIKE. SO WE HAVE MORE STEPS IN THE PROCESS, BUT WE'RE BRINGING IT IN HERE. SO, I KNOW THAT THIS IS PART ONE OF A DEAL THAT WE'RE GOING THROUGH.

I DO THINK THAT OUR CITY HOPEFULLY WILL ENACT PARTLY IF WE HAVE NOT A LITTLE BIT MORE OF OUR BUILDING CONCIERGE WHERE THIS WAY WHEN YOU'RE TALKING ABOUT YOUR PERMITS AND

[01:10:02]

I AM GLAD THAT HOPEFULLY YOU WILL BE BUILDING IN OUR CITY.

IF YOU'D LIKE TO SAY SOMETHING, YOU'RE WELCOME TO.

FOR THE $500,000, $100,000 A YEAR, I WOULD HAVE INVESTED IT IN CHARITY WITHIN THE COMMUNITY, WITH OR WITHOUT THE CONTRACT.

AS I HAVE MENTIONED IN CITY OF ENGLEWOOD, WHERE WE ARE INVOLVED, WE ALWAYS INVEST IN THE CITY WHERE WE ARE AND HOPEFULLY WE WILL CONTINUE TO HELP AFTER THE FIVE YEARS.

SO THE FACT THAT IT'S IN PAPERS WOULDN'T CHANGE ANYTHING.

WELL, THANK YOU VERY MUCH. YOU'VE MADE ME FEEL BETTER, BUT THANK YOU.

YES, THANK YOU VERY MUCH.

VICE MAYOR? THANK YOU. ONE OF THE THINGS A LOT OF CITIES LOOK FOR WHEN WORKING WITH DIFFERENT CORPORATIONS ARE GOOD CORPORATE PARTNERS AND GOOD CORPORATE NEIGHBORS, PEOPLE WHO ARE WILLING TO INVEST IN THE COMMUNITY.

SO WE THANK YOU FOR THAT.

ACCORDING TO THE NATIONAL PHILANTHROPIC TRUST, CORPORATIONS HAVE DONATED $16.8 BILLION IN 2020.

THERE'S ANOTHER CITY CLOSE TO US WHERE A LARGE CORPORATION IS MOVING INTO THEIR CITY, AND A COMMISSIONER ASKED FOR $5 MILLION TO GO TOWARDS THE BUILDING OF EITHER A YMCA OR BOYS AND GIRLS CLUB, AND THAT LARGE CORPORATION WHO RECENTLY MOVED INTO TAMARAC AGREED TO GIVE $5 MILLION AS A COMMUNITY BENEFIT, AND IT'S A COMMON ASK FROM SEVERAL COMMISSIONERS. IF WE'RE DOING AN EXCHANGE, YOU MAY WANT THE EXCHANGE IN ONE FORM OR ANOTHER, AND TO MAKE A REQUEST THAT'S GOING TO BENEFIT THE WHOLE COMMUNITY AND NOT JUST THE CITY IS A LEGITIMATE ASK, AND AS THE DEVELOPER SAID, HE WOULD HAVE GIVEN WHETHER HE HAD THE CONTRACT OR NOT.

SO WE SHOULD TAKE PRIDE IN HAVING AN EXCELLENT CORPORATE NEIGHBOR WHO HAS HAD SUCCESS IN HIS CAREER, WHO'S CONTRIBUTED TO THE UNITED STATES ECONOMY THROUGHOUT SEVERAL STATES. SO THERE SHOULD BE NO DISCOMFORT IN A CORPORATION OR ENTITY INTERESTED IN DONATING TO CHARITIES THAT WILL BENEFIT AND HELP KEEP OUR COMMUNITY SAFE.

THANK YOU. COMMISSIONER BOLTON? THANK YOU. IN 2020, IT WAS RUNNING FOR REELECTION AND A RESIDENT OF MINE CALLED ME.

I LEFT A DOOR HANGER FOR HER.

SHE GOT MY PHONE NUMBER.

SHE CALLED ME. SHE SAID, THERE IS A LADY AT STARBUCKS ON COMMERCIAL BOULEVARD WITH ABOUT THREE KIDS, AND SHE'S JUST LAYING THERE ON THE GROUND.

BY THE TIME I GOT THERE, THE LADY WAS TRYING TO GET ON THE BUS AND I ASKED HER WHAT THE ISSUE WAS, AND SHE SAID THAT SHE WAS AN UPSTANDING CITIZEN WHO HAD JUST GOTTEN DIVORCED.

SHE HAD A JOB AND SHE WAS HOMELESS.

SHE DIDN'T HAVE MENTAL HEALTH ISSUES.

SHE WAS JUST HOMELESS, AND TOGETHER THE RESIDENT AND I PAID FOR THE HOTEL OF THE MOTHER AND THE THREE KIDS AND GOING THROUGH HOMELESSNESS MYSELF, SLEEPING UNDER A BRIDGE FOR THREE NIGHTS BEFORE I EVEN GOT TO THE CITY COMMISSION WAS TRAUMATIC FOR ME, AND SO TO HAVE SOMEBODY SO GENEROUS MAKE A CONTRIBUTION THAT IS NOT POLITICAL IS JUST BEYOND WORDS AND IT DOESN'T MATTER WHERE IT GOES, WHAT ORGANIZATION IT GOES.

I DON'T WANT NECESSARILY ANYTHING TO DO WITH WHERE IT GOES.

[01:15:02]

YOU CAN START THE CLOCK FOR ME.

BASICALLY, I'M NOT SAYING THERE'S ANYTHING WRONG WITH CHARITY.

I'M NOT SAYING THERE'S ANYTHING WRONG WITH THE CHARITIES IN WHICH WE'RE SELECTING OR GOING TO BE SELECTED.

SOUNDBITES ARE LOVELY.

MY POINT. EXCUSE ME.

I AM A MONSTER, THANK YOU.

SO MY POINT IS NOT ABOUT THE CHARITIES.

MY POINT IS PEOPLE MAKE CHARITY FROM WITHIN ON WHAT THEY WANT TO DO, AND THEY'RE GOOD PEOPLE AND THEY MAKE THE DONATION ON WHICH THEY WISH.

MY POINT WAS THAT IT IS ACTUALLY ATYPICAL TO MAKE A PERSON OR AN ENTITY ON THE FLOOR UNDER DURESS MAKE A DECISION SUCH AS LARGE AS IT WAS, AND SO MY THANK YOU TO THE DEVELOPER WHO IS WILLING TO STILL DO THIS IS MY POINT.

NOT FOR SOUNDBITES ON SAYING CHARITY.

IT'S ATYPICAL IN PRACTICE WHEN YOU HAVE DEVELOPMENT AND WE ARE ASKING PEOPLE UNDER A SEALED BID AND WE SELECT AN AWARDEE UNDER A SEALED BID, AND I AM JUST CONCERNED FOR THE FUTURE IF WE SHOULD BE DOING THINGS AGAIN, THAT WE MAY HAVE OTHER DEVELOPERS WHO MAY NOT BE AS WILLING TO HAVE THAT DURESS PLACED UPON THEM.

SO OUT OF THE KINDNESS OF YOUR HEART, FOR WILLING TO DO IT, THE KINDNESS OF YOUR HEART FOR DOING IT ANYWAY AND DESPITE US, THANK YOU FOR YOUR CHARITY, AND CHARITY IS A GREAT THING AND I'M PLEASED FOR WHAT YOU HAVE SAID.

SO PLEASE DON'T HAVE SOUNDBITES THAT SAY I AM A MONSTER BECAUSE I WISH FOR PEOPLE TO NOT RECEIVE MONEY IN CHARITIES.

I HAPPEN TO SERVE ON NUMEROUS CHARITIES.

I AM ACTUALLY OUT THERE WITH PEOPLE WEEKLY HELPING THEM THROUGH CHARITY.

IT IS NOT ABOUT ME, IT IS NOT ABOUT YOU.

IT IS ABOUT OUR CITY POLICIES AND THE WAY WE TRY TO BRING IN SMART DEVELOPMENT TO KEEP OUR CITY ACTIVE, VIBRANT AND ALIVE.

THANK YOU VERY MUCH. CITY CLERK, PLEASE CALL THE ROLL.

ACTUALLY, APOLOGIES.

COMMISSIONER VILLALOBOS HAD HIS LIGHT GOING ON.

[INAUDIBLE] FOR A VOTE? FOR A VOTE.

THE MOTION PASSES UNANIMOUSLY 5 TO 0.

THANK YOU. ROUND ONE, LOOKING FORWARD TO THE NEXT ONE.

THANK YOU. WE ARE NOW GOING TO 5B TR13756.

[5.b TR13756 - A Resolution of the City Commission of the City of Tamarac, Florida approving a pilot composting rebate program; authorizing a reallocation and expenditure of $1,500.00 for said rebate program; providing for conflicts; providing for severability; and providing for an effective date. ]

MAYOR AND COMMISSION THIS IS A RESOLUTION.

THE CITY COMMISSION, THE CITY OF TAMARAC, FLORIDA, APPROVING A PILOT COMPOSTING REBATE PROGRAM AUTHORIZING A REALLOCATION EXPENDITURE OF 1500 DOLLARS FOR SAID REBATE PROGRAM, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THANK YOU, I NEED A MOTION AND A SECOND.

SO MOVED. SECOND.

WE HAVE A MOTION BY COMMISSIONER VILLALOBOS.

WE HAVE A SECOND BY COMMISSIONER BOLTON.

THANK YOU. OUR INTERIM ASSISTANT PUBLIC SERVICES DIRECTOR TROY GIES, IS AVAILABLE FOR QUESTIONS AT THIS TIME.

I WILL OPEN IT UP FOR PUBLIC COMMENTS.

IS THERE ANYONE IN THE PUBLIC WHO WISHES TO MAKE A COMMENT ON THIS ITEM? SEEING NONE. PUBLIC COMMENTS ARE NOW CLOSED.

SEEING NO COMMENTS FROM THE COMMISSION.

CITY CLERK, PLEASE CALL THE ROLL.

PASSES UNANIMOUSLY 5 TO 0.

THANK YOU. WE ARE NOW GOING TO ORDINANCES ON FIRST READING.

[6.a T02496 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter II, entitled "Administration", amending Article II, entitled "City Commission", by specifically amending Section 2-34 entitled "Comprehensive. Procedures for City Commission Meetings" to provide in subsection (k) "Voting. Procedures" a new voting rotation; providing for conflicts; providing for severability; and providing for an effective date. ]

MADAM MAYOR, MEMBERS OF THE COMMISSION.

THIS IS AN ORDINANCE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER TWO ENTITLED ADMINISTRATION AMENDING ARTICLE II ENTITLED CITY COMMISSION BY SPECIFICALLY AMENDING SECTION 2-34 ENTITLED COMPREHENSIVE PROCEDURES FOR CITY COMMISSION MEETINGS TO PROVIDE IN SUBSECTION K VOTING PROCEDURES A NEW VOTING ROTATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

MOTION AND A SECOND, PLEASE.

SO MOVED.

SECOND.

WE HAVE A MOTION BY COMMISSIONER VILLALOBOS.

SECOND BY COMMISSIONER PLACKO.

THIS IS AN ORDINANCE ON FIRST READING.

THEREFORE, THERE'S NO PUBLIC COMMENT.

SEEING NO DISCUSSION BY THIS COMMISSION.

CITY CLERK PLEASE CALL THE ROLL.

. MOTION PASSES 4 TO 1.

THANK YOU VERY MUCH.

[8.a T02439 - An Ordinance of the City Commission of the City of Tamarac, Florida; lifting. Zoning in Progress by amending Chapter 2 of the City of Tamarac Code of Ordinances, entitled "Administration", by amending Article x, entitled "Quasi-Judicial Proceedings"; by specifically amending Section 2-369 entitled "Quasi-Judicial Matters" of the City of Tamarac Code of Ordinances to delete site-specific land use plan amendments from the list of designated quasi-judicial matters and amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled "Land Development Code", by amending Article 5, entitled "Administration", amending Section 10-5.2, entitled "Summary Table of Development Review Procedures", by specifically amending Table 10-5.1, entitled "Summary of Development Review Procedures" changing the required public hearing format for site-specific comprehensive plan amendment applications from quasi-judicial public hearing to standard public hearing , and amending Section 10-5.4, entitled "Application-Specific Review Procedures" by deleting the requirement for the Planning Board and the City Commission to hold a quasi-judicial hearing for Site-Specific Land Use Plan Amendment applications, to ensure consistent application of the code in accordance with the applicable Florida Supreme Court ruling; providing for codification; providing for conflicts; providing for severability; and providing for an effective date.]

PLEASE READ 8A TO2493 TITLE FOR THE RECORD.

[01:20:02]

THANK YOU VERY MUCH. I NEED A MOTION AND SECOND, PLEASE.

SO MOVED. SECOND.

WE HAVE A MOTION BY COMMISSIONER VILLALOBOS, A SECOND BY COMMISSIONER PLACKO.

COMMUNITY DEVELOPMENT DIRECTOR MAXINE CALLOWAY IS AVAILABLE FOR ANY QUESTIONS.

SO AT THIS TIME I WILL OPEN THIS ITEM UP FOR PUBLIC COMMENTS.

SEEING NOBODY WISHES TO MAKE ANY PUBLIC COMMENTS.

THIS ITEM IS NOW CLOSED TO THE PUBLIC.

VICE MAYOR, DO YOU HAVE A COMMENT? YEAH, FOR THE CITY ATTORNEY, CAN YOU RECAP WHAT THIS CHANGE IS ABOUT? YES, VICE MAYOR, MEMBERS OF THE COMMISSION, THIS CHANGE BRINGS THE CITY'S PROCEDURES FOR PROCESSING FUTURE LAND USE MAP AMENDMENTS OF WHATEVER SIZE INTO COMPLIANCE OR IN ACCORDANCE WITH FLORIDA SUPREME COURT RULINGS THAT GO BACK SOMETIMES STATING THAT SUCH AMENDMENTS ARE LEGISLATIVE IN NATURE PERIOD, AND THEY REFERENCED THIS MARTIN COUNTY V YUSEM CASE BACK IN 1997, WHICH ESTABLISHED THAT THESE MATTERS SHOULD BE LEGISLATIVE IN NATURE.

THAT IS CORRECT; THE ORIGINAL CASE IS THE YUSEM CASE THAT SAID THAT [INAUDIBLE] LARGE SCALE MAP OF [INAUDIBLE] CLEAR LEGISLATIVE, AND THEN SUBSEQUENTLY THE FLORIDA SUPREME COURT ALSO TOOK UP TWO SEPARATE CASES, ACTUALLY THREE, INCLUDING ONE HERE FROM BROWARD COUNTY, WHERE THE COURT SAID THAT SITE SPECIFIC LAND USE AMENDMENTS WERE ALSO LEGISLATIVE IN NATURE IN ACCORDANCE WITH THEIR RULING IN THE USE OF CASE.

SO SINCE 1997, UP UNTIL WE CHANGE THIS LAW, WE HAVE BEEN OPERATING INAPPROPRIATELY BY HAVING THESE MATTERS VIEWED ON A QUASI JUDICIAL MATTER INSTEAD OF A LEGISLATIVE MATTER. CERTAINLY INCONSISTENT WITH THE FLORIDA SUPREME COURT RULINGS.

SO UNDER THE COUNSEL AND ADVICE OF SAM GOREN AND THE GOREN LAW FIRM--VICE MAYOR--WE'VE NOT BEEN OPERATING UNDER THE--CITY ATTORNEY--OF THE SUPREME COURT, WHICH IS WELL--ULTIMATELY, THE ORDINANCE WAS AND THE CHANGES TO THE CODE WERE ADOPTED AS THEY ARE.

I THINK I'VE STATED TO THE COMMISSION PREVIOUSLY, TO THE EXTENT THAT THERE IS VERY LITTLE INFORMATION ABOUT HOW THAT CODE CHANGE GOT ADOPTED BACK THEN, I HAVE COME ACROSS COMMENTS AND MINUTES MAINTAINED BY THE CITY THAT MR. GOREN DID INFORM THEN CITY COMMISSION THAT THEY WERE LEGISLATIVE IN NATURE.

I DON'T KNOW, AND I THERE'S NO, UNFORTUNATELY, A LACK OF INFORMATION AS TO WHY THAT COMMENT WAS NOT CARRIED THROUGH THE ADOPTION PROCESS, AND NO EXPLANATION AS TO HOW ULTIMATELY A PRIOR CITY COMMISSION DECIDED TO DESIGNATE THESE TYPES OF HEARINGS AS QUASI JUDICIAL.

AGAIN, I'VE GONE ON THE RECORD ON NUMEROUS OCCASIONS SAYING THAT, IN MY OPINION, THAT IS INCONSISTENT WITH SUPREME COURT PRECEDENT.

CORRECT, AND WHEN YOU REPRESENTED ANOTHER PARTY AGAINST THE CITY, YOU CHALLENGED THE CITY ATTORNEY AND MENTIONED THAT YOU FELT THAT THIS WAS A LEGISLATIVE--VICE MAYOR,

[01:25:04]

IT IS TO THE TOPIC.

DO NOT INTERRUPT ME WHEN I'M QUESTIONING THE CITY ATTORNEY. THE CITY ATTORNEY IS AWARE.

I'M AWARE. THANK YOU, MAYOR, AND THE MATTER IS CURRENTLY THE SUBJECT OF LITIGATION, AND AS I SAID, I THINK AT THE FIRST READING OF THIS ORDINANCE, ULTIMATELY THE DECISION WILL BE DECIDED BY THE COURT AS TO WHETHER OR NOT WHAT HOW THE CITY WAS DOING THINGS BEFORE WAS CORRECT OR NOT, AND BECAUSE OF THE NATURE OF THE LITIGATION, I WOULD REFRAIN FROM FURTHER COMMENT.

THE SPECIAL COUNSEL THAT HAS BEEN APPOINTED TO WORK ON THAT PARTICULAR CASE HAS STATED THAT WE'VE BEEN OPERATING ILLEGALLY.

THAT IS MY UNDERSTANDING OF HIS REPRESENTATIONS TO THIS COMMISSION AND TO THE COURT. DO YOU KNOW WHAT YEAR THE PRIOR FIRM, EVEN THOUGH THERE'S NO DOCUMENTATION, INFORMED THE COMMISSION THAT THESE MATTERS SHOULD BE LEGISLATED? CITY ATTORNEY, THE RELEVANCY OF THESE QUESTIONS ON AN ITEM THAT IS FOR MOVING FORWARD WITH A CHANGE OF OUR CODE MATTER. I MEAN, TO THE EXTENT THAT I'M ASKED A QUESTION, I CAN ANSWER IT.

I MEAN, IT'S UP TO YOU ALL TO DETERMINE WHETHER OR NOT, ULTIMATELY IT IS OR ISN'T RELEVANT TO THE ULTIMATE ADOPTION OR NOT, BUT TO YOUR QUESTION, VICE MAYOR, MY VIEW OF THE RECORDS IS THAT INFORMATION WAS PROVIDED TO THEN COMMISSION PRIOR TO THE ADOPTION OF THE CURRENT LANGUAGE.

WHY THE CITY COMMISSION AT THAT POINT IN TIME--I'M TRYING TO FIGURE OUT WHAT YEAR TO FIGURE OUT WHO WAS ON THE COMMISSION.

SO DO YOU KNOW WHAT YEAR THAT WAS DONE? AND IF YOU DON'T KNOW MS. CALLAWAY, DO YOU KNOW WHAT YEAR THAT WAS INFORMED TO THE COMMISSION? ACTUALLY MAY HAVE THE FOOTNOTE TO THE CODE SECTION.

THE ORDINANCE WAS ADOPTED IN 2007.

MAYOR GOMEZ, WERE YOU WERE ON THE COMMISSION IN 2007.

THAT IS OF PUBLIC RECORD THAT I BECAME A MEMBER OF THIS COMMISSION ON JULY 21ST, 2010, BUT AGAIN, I'M NOT ON TRIAL HERE AND GOING BACKWARDS IS IRRELEVANT FOR THE TOPIC AT HAND. IT IS RELEVANT BECAUSE WE'VE BEEN OPERATING ILLEGALLY FOR MANY YEARS.

WE'VE HAD WORKSHOPS ON THIS.

THIS IS OUR ORDINANCE ON SECOND READING.

THESE QUESTIONS HAVE BEEN ASKED AND ANSWERED NUMEROUS TIMES AND THE FACT OF THE MATTER IS THE CITY HAS MADE THIS DECISION TO ACTUALLY MOVE IT FORWARD FOR PUTTING IT AS A LEGISLATIVE ITEM.

SO IF YOU ARE IN SUPPORT OF THAT, CAN WE PLEASE MOVE FORWARD? YOU FELT IT IMPORTANT TO STATE ON THE RECORD, THAT YOU WEREN'T HAPPY ABOUT A $500,000 DONATION.

SO I WANT TO STATE I FEEL IT'S IMPERATIVE TO STATE FOR THE RECORD THAT THIS IS WHAT HAPPENED IN OUR HISTORY.

CITY ATTORNEY CAN YOU PLEASE CLARIFY THE RELEVANCY THAT VICE MAYOR IS TRYING TO MAKE IN REGARDS TO THE QUESTION HE FIRST STARTED WITH AS TO WHAT--IT'S A BIG PARAGRAPH.

HIS QUESTION WAS, WHAT DOES IS MEAN? BECAUSE OBVIOUSLY NOT EVERYBODY UNDERSTANDS WHAT DOES IT MEAN.

SO WHILE I DO UNDERSTAND THAT VICE MAYOR'S CONCERN HAS TO DO WITH THE PAST, BUT AT THIS MOMENT, WE ARE MOVING FORWARD AND WE'RE JUST CHANGING THE LANGUAGE TO THIS PARTICULAR MATTER WHICH WE HAVE A CASE COURT ON.

SO DO WE KEEP GOING BACK AND FORTH OR ARE WE JUST ADDRESSING THIS ON A SECOND READING? I'M CONFUSED WITH THIS BACK AND FORTH SITUATION.

SO TO MAKE IT CLEAR, YOU'VE DESIGNATED ME AS THE PARLIAMENTARIAN.

SO MY JOB AS A PARLIAMENTARIAN IS TO ADVISE YOU ULTIMATELY IT IS THE COMMISSION THAT MAKES A DETERMINATION AS TO WHETHER OR NOT YOU'RE GOING TO DEEM WHAT ANY PARTICULAR COMMISSIONER SAYS UP HERE IS RELEVANT TO YOUR DECISION MAKING.

IT'S NOT MY JOB TO TELL YOU THAT SOMETHING IS OR ISN'T RELEVANT.

THAT IS FOR YOU ALL TO MAKE THAT DECISION.

IT IS A PUBLIC MEETING.

IT IS AN ORDINANCE ON SECOND READING, AND I WOULD RECOMMEND TO ALL OF YOU ON THIS ITEM AND ANY OTHER ITEM SIMILARLY SITUATED IN A SECOND READING IS THAT YOU ALLOW EACH ONE OF YOU TO SPEAK YOUR MINDS TO WHAT THE ISSUE MAY OR MAY NOT BE, IF THERE IS A

[01:30:04]

I WILL JUMP IN AND I HAVE JUMPED IN AND I'VE SAID THAT WILL BE DECIDED GOING FORWARD.

I THINK IT'S VERY CLEAR THAT THE FOR WHATEVER REASONS, WHICH WE DON'T KNOW AND WE CAN'T FIND.

IN 2007, THEN CITY COMMISSION DECIDED TO MAKE THE CHANGE TO THE CODE THAT YOU'RE NOW CHANGING AGAIN.

THAT'S YOUR PREROGATIVE. IN MY OPINION, THIS DOES HAVE AN IMPACT ON THE LITIGATION THAT WE DO HAVE, AND I FIND IT IRRELEVANT TO CHANGING WHAT WE'RE TRYING TO PASS HERE.

THINK OF THE FOUR. SENSES IF WE CAN MOVE FORWARD WITH IRRELEVANT OR RELEVANT AT THIS POINT. I MEAN, CERTAINLY THE, IF ADOPTED, THIS ORDINANCE WILL BE IMPLEMENTED GOING FORWARD. THAT IS THE PURPOSE OF CHANGING ORDINANCE REGULATIONS ALL THE TIME.

THAT'S YOUR LEGISLATIVE PREROGATIVE.

AND THE POINT OF THE CHANGE IS TO THAT.

THESE TYPES OF AMENDMENTS UNDER FLORIDA SUPREME COURT PRECEDENT ARE DEEMED TO BE LEGISLATIVE, AND THAT'S HOW THEY'LL BE TREATED MOVING FORWARD.

CITY ATTORNEY I BELIEVE THAT THE THE COMMENT BY COMMISSIONER VILLALOBOS WAS THAT YOU STATED TO US THAT IT IS UP TO US TO DETERMINE WHETHER OR NOT THIS PART OF THE CONVERSATION SHOULD CONTINUE, BECAUSE AS A PARLIAMENTARIAN, YOU'RE SAYING THAT IT SHOULD NOT WE SHOULD BE KEEPING IN MIND OF LITIGATION.

SO THE COMMISSIONER IS SAYING THAT HE THINKS THAT THIS PART OF THE KNOW THAT YOUR RULES OF PROCEDURE SAY THAT NO MEMBER OF THE COMMISSION SHOULD BE PRECLUDED FROM DISCUSSING AN ITEM UNLESS THEY ENGAGE IN, I'M PARAPHRASING, ABUSIVE, DISPARAGING OR OTHER SIMILAR TYPE OF CONDUCT.

AGAIN, IT'S UP TO EACH ONE OF YOU WHEN YOU THEN VOTE FOR ANY PARTICULAR ITEM TO DETERMINE IN YOUR OWN MIND WHETHER OR NOT WHAT ANY OF YOU ALL HAVE SAID REGARDING THE SUBJECT MATTER IS RELEVANT TO YOU AND YOUR DECISION TO SAY YES OR NO TO THE PIECE OF LEGISLATION BEFORE YOU.

BUT THAT IS THE RULE THAT YOU ALL HAVE SET FOR YOURSELF.

IS THAT IT? EACH, WELL.

MR. CITY ATTORNEY, WAS THAT A PROPER POINT OF ORDER? MAKE. IF YOU.

LOOK, LADIES AND GENTLEMEN, IN SECTION 234 OF THE CODE, IT SAYS IT STATES ALL MEMBERS OF CITY COMMISSION SHALL BE PERMITTED, 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.

SO. SO THEN THE DEROGATORY, RUDE REMARKS REGARDING A FORMER CITY ATTORNEY OR A FORMER CITY MANAGER OR A FORMER COMMISSION IS ALLOWABLE THEN IN YOUR MIND? AGAIN, IT'S NOT FOR ME TO DETERMINE WHETHER OR NOT.

SO WE HAVE COMMISSIONER VILLALOBOS SAYING THAT HE THINKS THAT THERE IS A PROBLEM HERE AND WANTS TO HAVE A SCAN OF THE COMMISSION BEFORE IT CONTINUES.

PART OF THE PROBLEM.

THEN THE APPROPRIATE THING UNDER THE RULES OF PROCEDURE WOULD BE TO SOMEONE TO MAKE A MOTION TO DEEM VICE MAYOR GUILLEN'S COMMENTS OUT OF ORDER, AND YOU WOULD VOTE ON THEM.

AND IF THE MAJORITY OF YOU ALL SAY THAT IT'S OUT OF ORDER, THEN THAT WOULD BE THE DISPOSITIVE RULING OF THE COMMISSION.

I WANTED TO GO AHEAD AND MOVE FORWARD WITH THE MOTION TO.

ANSWER MY QUESTION REGARDING WHETHER OR NOT THAT WAS A PROPER POINT OF ORDER.

I GOT A MOTION ON THE FLOOR TO DEEM THAT COMMENT.

I MADE THE QUESTION TO THE CITY ATTORNEY BEFORE YOU TRIED TO MAKE A MOTION.

LADIES AND GENTLEMEN, IT IS 11:04.

I'M PUTTING THIS MEETING IN RECESS FOR 15 MINUTES.

WE WILL BE BACK HERE AT 11:20.

MEETING IS IN RECESS.

IT IS 11:20.

WE ARE BACK ON THE DAIS.

THE CITY ATTORNEY WILL REMIND US ABOUT THE DEFINITION OF DISPARAGING DEFAMATION, DEROGATORY REMARKS, AND THEN WE WILL PROCEED WHERE WE LEFT OFF WITH COMMISSIONER [INAUDIBLE] HAD ANY OTHER QUESTION. THANK YOU, MADAM MAYOR.

MEMBERS OF THE COMMISSION, AS I READ A MOMENT AGO AND HAVE READ ON NUMEROUS OCCASIONS, YOUR RULES OF PROCEDURE ALLOW EACH AND ONE OF YOU THE ABILITY TO SPEAK ON

[01:35:03]

YOU KNOW DISPARAGING IS A PRETTY BROAD TERM AND CAN INCLUDE COMMENTS THAT CRITICIZE OR PERCEIVED TO BE CRITICAL OF OTHER PEOPLE.

BUT MORE IMPORTANTLY, IT'S, YOU KNOW, CAREFUL ABOUT HOW THINGS MAY BE PERCEIVED AND THE IMPACT THE COMMENTS MAY HAVE.

AND SOMEONE ASKED BEFORE, YOU KNOW, WHETHER OR NOT THE WHAT WE'RE DISCUSSING, WORK WE PREVIOUSLY HAD BEFORE THE MEETING WAS WAS ADJOURNED, WAS APPROPRIATE. MY SUGGESTION MY ADVICE IS THAT, IT'S MY UNDERSTAND, THE VICE MAYOR IS PRETTY MUCH FINISHED WITH HIS COMMENTS.

I DON'T WANT TO NECESSARILY SPEAK FOR HIM, BUT I DID HAVE A BRIEF CONVERSATION WITH HIM.

AND THEN, YOU KNOW, BASED UPON THE TOTALITY OF ALL THE COMMENTS THAT YOU RECEIVED FROM THE PUBLIC, WHICH WAS A PUBLIC HEARING, I DON'T BELIEVE ANYONE SPOKE AND YOU ALL THEN YOU WOULD TAKE THE MATTER UP FOR A VOTE.

THAT'S WHERE ESSENTIALLY WE'RE AT, WHICH IS, YOU KNOW, WE SHOULD BE MINDFUL THAT THERE IS SOMEWHAT RELATED LITIGATION AND WE BE CAREFUL OF THE WORDS THAT WE USE, WHETHER OR NOT YOU NEVER KNOW HOW THAT MAY IMPACT AND WHO MAY BE HEARING OR LISTENING.

AND SO THAT IS MY ADVICE, IS THAT UNLESS THE VICE MAYOR HAS ANY ADDITIONAL COMMENTS, WHICH HE HAS THE RIGHT TO TO SPEAK WITHIN THE CONFINES OF THE REGULATIONS THAT YOU HAVE OR ANY OTHER COMMENTS THAT THE MEMBERS OF THE COMMISSION MAY HAVE.

I WOULD RECOMMEND THAT IF THERE AREN'T ANY, THAT YOU THEN DIRECT TO THE CLERK TO CALL THE ROLL. VICE MAYOR, DO YOU HAVE ANYTHING FURTHER? NOT MUCH. I MEAN, JUST I THINK IT'S A GOOD THING THAT WE ARE FIXING OUR RULES AND LAWS TO BE IN COMPLIANCE WITH THE LAW.

MAX LOHMAN IS OUR SPECIAL COUNSEL.

AND HE STATED TO ME IN THE PRESENCE OF OUR COMMUNITY PLANNING DIRECTOR, WHO IS ALSO AN ATTORNEY, THAT WE HAVE A LEGAL LAWS ON THE BOOKS.

AND SO EVERYTHING I BROUGHT UP WAS RELEVANT BECAUSE WE HAD COUNSEL THAT DID NOT INFORM US OR GET THE COMMISSION TO UNDERSTAND, ESPECIALLY WHEN I CAME ON BOARD, THAT, YOU KNOW, THIS IS AN ILLEGAL LAW IN THE BOOK AND YOU HAVE THE OPTION TO BRING IT UP TO THE COMMISSION TO CHANGE OR NOT.

SO I'M GLAD THAT WE'RE CHANGING IT NOW.

I'M GLAD THAT WE ARE GOING TO BE IN COMPLIANCE IF THIS VOTE PASSES WITH MORE THAN THREE VOTES. AND IT'S A GOOD THING.

SO THAT'S MY COMMENT.

COMMISSIONER PLACKO? THANK YOU. WHAT I WAS TRYING TO SAY PRIOR TO OUR TIMEOUT WAS LET'S JUST CUT TO THE CHASE.

I THINK ALL OF US AGREE UP HERE WE HAVE TO CHANGE IT TO BE IN COMPLIANCE.

SO WE ALL FEEL THE SAME WAY.

WE'VE GOT THERE MAYBE IN DIFFERENT DIRECTIONS, BUT LET'S JUST TAKE THE VOTE.

THANK YOU. COMMISSIONER BOLTON? WHEN WE HAVE MORATORIUMS. THAT IS WHEN WE'RE STUDYING TOPICS.

WE PLACE A MORATORIUM ON THAT PARTICULAR PRACTICE.

WE DO THAT, BUT WE DON'T DO IT IN A WAY WHERE IT ADVERSELY AFFECTS PENDING APPLICATIONS. SO IF WE WERE TO PUT A ZONING IN PROGRESS MORATORIUM, LET'S SAY, ON BARS, THEN ANY APPLICATION THAT HAS BEEN BROUGHT FORWARD FOR BARS WOULD NOT BE AFFECTED BY THAT. ZONING IN PROGRESS.

THE SAME RULE OF THOUGHT I THINK SHOULD BE APPLIED TO THIS.

WE HAVE PENDING LITIGATION WITH 13TH FLOOR AND THERE IS DEBATE OVER WHETHER THEIR ISSUES SHOULD BE QUASI JUDICIAL OR LEGISLATIVE IN NATURE.

I THINK, BY VIRTUE OF HAVING THIS ITEM ON THE AGENDA.

[01:40:01]

THE DEVELOPER THAT HAS US IN LITIGATION.

SO IT IS NOT A MATTER OF THE DISCUSSION.

THE FACT THAT WE PLACED IT ON THE AGENDA.

OPEN PANDORA'S BOX, AND SO TO SAY, LET'S PUT THAT ITEM ON THE AGENDA, BUT WE CAN'T DISCUSS IT IN DETAIL.

I DON'T THINK THAT IS RIGHT.

SO BECAUSE WE ARE UNDER LITIGATION, I DON'T FEEL THAT IT IS APPROPRIATE FOR US TO TAKE ACTION ON THIS ITEM TODAY.

OBVIOUSLY, WE MAY MOVE FORWARD, BUT I HAVE BEEN VERY THOUGHTFUL ON MANY ITEMS BEFORE AND HAVE CAUTIONED THE COMMISSION ON MANY ITEMS BEFORE, AND THIS IS ONE OF THEM. IT MAKES ME UNCOMFORTABLE AND I'M CAUTIONING THE COMMISSION THAT I DON'T THINK WITH A COURT CASE PENDING, WE SHOULD BE MAKING THIS CHANGE AND THIS DECISION RIGHT NOW. I THINK WE SHOULD TABLE THIS, SEE HOW THE THE COURTS PLAY OUT, AND THEN WE MAKE A DECISION AT A LATER TIME.

UNDERSTANDING THAT A LOT OF MY COLLEAGUES WANT TO MOVE FORWARD.

MY DECISION IS GOING TO BE A NO VOTE AGAIN BECAUSE I DO NOT WANT TO ADVERSELY AFFECT ANY PARTY, WHETHER THE CITY OR THE DEVELOPER SEARCHING FOR ANY OTHER DEVELOPER THAT MAY COME BEFORE THE CITY COMMISSION.

WE HAVE TO MOVE FAIR.

WE HAVE TO MOVE FORWARD FAIRLY.

AND WE ALSO HAVE TO MOVE FAIRLY, MOVE FORWARD IN A WAY WHERE WE'RE NOT WHERE IT DOESN'T SEEM LIKE WE'RE AFFECTING APPLICATIONS THAT ARE BEFORE US OR DEVELOPERS THAT MAY COME BEFORE US SHORTLY OR SOME TIME IN THE FUTURE.

SO I'M INCLINED TO VOTE NO ON THIS TODAY FOR THOSE REASONS.

AND I PUT MY REASONS ON THE RECORD BECAUSE THE CITY ATTORNEY ASKED ME WHAT MY IMPETUS WAS, AND SO I THOUGHT IT WOULD BE BETTER TO PUT MY REASONS ON THE RECORD TODAY BEFORE I VOTE.

THANK YOU. CITY ATTORNEY, DO YOU WISH TO SPEAK? YEAH, I JUST, I APPRECIATE THE COMMENTS OF COMMISSIONER BOLTON.

I DID APPROACH HIM AFTER THE END OF LAST MEETING AND ASKED HIM IF HE HAD ANY CONCERNS.

AND WE HAD A DISCUSSION, AND I APPRECIATE HIS COMMENTS.

YOU KNOW, ONE OF THE THINGS THAT WE CERTAINLY WANT TO DO IN MAKING THIS CHANGE IS TO PROVIDE CLARITY AND CERTAINTY FOR APPLICANTS GOING FORWARD FROM THIS POINT, ASSUMING THE CHANGE GOES INTO EFFECT.

SO EVERYONE STAFF AS WELL AS THE APPLICANTS, KNOW WHAT THE RULES ARE THAT HAVE TO BE FOLLOWED. THE ONLY OTHER THING NOT TO GO INTO AGAIN, MUCH, MUCH DETAIL, BECAUSE THE MATTER IS IN LITIGATION IS THAT LITIGATION WILL RESOLVE THAT ISSUE AS IT RELATES TO THE CITY AND THAT DEVELOPER ONE WAY OR THE OTHER, BUT IT WON'T AFFECT THEM.

IT WILL BE THE COURT THAT WILL MAKE THAT DECISION.

THANK YOU. AND ACTUALLY, SINCE EVERYBODY HAS SPOKEN ONCE, I AM GOING TO JUMP IN WITH MY COMMENTS FIRST. I HAD THE SAME CONCERNS AS COMMISSIONER BOLTON HAS EXPRESSED.

I EXPRESSED IT TO CITY STAFF WHEN WE WERE REMOVING THE MORATORIUM AND BRINGING THIS FORWARD. ON IF THERE WOULD BE ANY KIND OF ABILITY TO USE THE CHANGE OF OUR ORDINANCE DURING THE PROCESS OF A LITIGATION TO THIS OTHER WAY, BECAUSE THAT'S THE WAY IT'S PHRASED FROM QUASI JUDICIAL TO LEGISLATIVE, AND IF IT WOULD HAVE ANY BEARING ON IT.

AND THE ANSWER WAS NO.

THE ANSWER WAS ALSO, AS YOU'VE JUST STATED, CITY ATTORNEY, THE CONCERNS FOR FUTURE DEVELOPMENT COMING THROUGH IN OUR CITY, WHICH WE ARE TRYING TO DO, AND MAKE SURE THAT WE DON'T HAVE CONFUSION, CHAOS, MISCOMMUNICATION, LITIGATION IN THE FUTURE ABOUT THIS. SO I'M PUTTING THAT ON THE TABLE BECAUSE WHILE I DO HAVE THOSE CONCERNS, I UNDERSTAND THE NEED FOR US TO MOVE FORWARD IN AN ORGANIZED FASHION AND WHAT WE ARE TRYING TO DO.

ALONG THOSE LINES, CITY ATTORNEY, I WOULD LIKE YOU TO REITERATE A COMMENT YOU MADE EARLIER TODAY.

YOU'VE MADE ALMOST EVERY SINGLE TIME IT HAS HAD TO BEEN COUNTERED.

[01:45:03]

WE WORKED WITH AN ITEM ON THE BOOK THAT WAS NOT IN COMPLIANCE WITH CURRENT LAW.

PHRASE IT HOWEVER YOU WISH TO REPHRASE IT AGAIN, BUT I WOULD LIKE YOU TO MAKE SURE THAT IT IS CLEAR.

THAT IS CORRECT.

THE THE ISSUE IN THE LITIGATION, I BELIEVE, IS VERY CLEAR, VERY SPECIFIC.

IT'S DO YOU CONTINUE THAT PROCESS? AGAIN, WHAT THIS ORDINANCE IS INTENDED TO DO IS TO PROVIDE CLARITY AND CERTAINTY TO ALL PARTIES INVOLVED.

FOR ALL APPLICANTS THAT MAY COME TO THE CITY AFTER ITS ADOPTION.

IT IS INTENDED TO ACT PROSPECTIVELY.

AND AGAIN, THE COURT WILL MAKE ITS DECISION WITH RESPECT TO THE PENDING LITIGATION, AND WE WILL FOLLOW THAT.

AND WHEN WE FIND OUT WHAT THAT IS, WE WILL ADVISE YOU ALL.

AND WE WILL CONDUCT OURSELVES ACCORDINGLY.

ALL PARTIES. THANK YOU.

COMMISSIONER PLACKO? THANK YOU. SORRY WE ALL HAD THE SAME CONCERNS, AND WE WERE ADVISED BY SPECIAL COUNSEL AND OUR COUNSEL THAT THIS IS THE THING WE NEED TO DO.

SO I AM, FOR ONE, TAKING THE ADVICE OF COUNSEL.

THANK YOU. THANK YOU.

VICE MAYOR? YEAH, I'M IN AGREEMENT WITH I UNDERSTAND THE POSITION OF COMMISSIONER BOLTON, AND I'D LIKE TO HEAR FROM THE CITY ATTORNEY IN TERMS OF HOW THAT MIGHT BE USED BY ONE PARTY OR THE OTHER. SO, FOR EXAMPLE, THE OPPOSING PARTY TO THE CITY MIGHT SAY, WELL, THEY'RE CHANGING THE RULES NOW, BUT THIS IS THE RULES THEY HAD IN PLACE BEFORE.

AND THE SUPPORTING PARTY, OUR SPECIAL COUNSEL WAS SAYING, YES, WE'VE BEEN PRACTICING THE WRONG LAWS SINCE 1997 AND I'VE ADVISED THEM TO CORRECT THE LAWS TO PRACTICE AND GIVE THE FAIR OPPORTUNITY TO EVERY VENDOR, BECAUSE WE HAVE NOT BEEN GIVEN A FAIR OPPORTUNITY TO THE VENDORS BEFORE OR TO THE COMMISSION BY RESTRICTING THE WAY IN WHICH WE'RE ABLE TO VOTE.

AND YOUR.

THE BRIEFS HAVE BEEN FILED.

THOSE ARGUMENTS HAVE BEEN SET FORTH IN THE BRIEFS, THEY SPEAK FOR THEMSELVES.

BOTH PARTIES HAVE ARTICULATED THEIR POSITION RIGHT IN THAT REGARD.

AND AGAIN, THE COURT WILL MAKE A DECISION ON THAT AS IT RELATES TO THE MOVING FORWARD ON THAT PARTICULAR APPLICATION.

BUT THIS ORDINANCE IS INTENDED TO.

DEAL WITH ANY PROSPECTIVE.

BUT TO COMMISSIONER BOLTON'S POINT, A DECISION WE MAKE TODAY.

WON'T AFFECT THAT LITIGATION OR THE OUTCOME OF THAT LITIGATION.

BUT THE CITY IS TAKING A POSITION THAT WE WERE NOT DOING THE CORRECT PRACTICE, SO.

WE ARE GOING TO DO THE CORRECT PRACTICE.

GOING FORWARD. CAN YOU STOP INTERRUPTING AND LET THE CITY ATTORNEY ANSWER THE QUESTION? YOU ARE GOING VERY FAR INTO LITIGATION THERE, VICE MAYOR.

SO, SO WE'RE ALL CLEAR.

THE PURPOSE OF THIS ORDINANCE IS TO ENSURE THAT THE CITY'S PROCESS FOR PROCESSING COMPREHENSIVE PLAN AMENDMENTS IS CONSISTENT WITH THE DECISIONS OF THE FLORIDA SUPREME COURT THAT CLEARLY ARTICULATE AND STATE.

THESE TYPES OF ACTIONS ARE LEGISLATIVE IN NATURE, AND THE DECISION OF THE SUPREME COURT IS THE LAW OF THE LAND IN THE STATE OF FLORIDA.

IS THAT CORRECT? IN THIS REGARD, YES.

OKAY. THANK YOU.

THE SUPREME COURT WILL MAKE THAT DECISION ACCORDINGLY.

COMMISSIONER BOLTON? I DON'T HAVE ANY OBJECTIONS TO MY COLLEAGUES AGAIN, VOTING 4 TO 1.

FOR ME, IT DOESN'T MATTER.

WHAT MATTERS IS WHAT I FEEL IN MY HEART AND WHAT I THINK IS RIGHT.

AND I DON'T THINK IT IS RIGHT TO, FOR THE CITY TO TAKE A POSITION AT THIS TIME WHEN THERE IS PENDING LITIGATION.

TO MY COLLEAGUES, THEY MAY FEEL LIKE WE'RE NOT TAKING A POSITION, BUT WE ARE.

WE ARE THE DECISION MAKERS OF THIS CITY AND WE'RE MAKING A DECISION NOW.

AND I BELIEVE THAT WILL IMPACT THE COURT CASE.

WE ARE RELYING ON OUR COUNSEL'S ADVICE.

WE HEAR THAT FROM SEVERAL OF MY COLLEAGUES.

HOWEVER, WE TOOK COUNSEL'S ADVICE SINCE 2005 OR SEVEN, AND WE'RE FINDING NOW THAT PROBABLY SOME OF THOSE ADVICE WAS NOT NECESSARILY LEGALLY SOUND.

[01:50:01]

AS A MATTER OF FACT, EVERY TIME I SEE HIM, HE GIVES ME A VERY BIG HUG.

WE HAVE A CORDIAL RELATIONSHIP.

HE'S AN AMAZING PERSON AND I'VE ALWAYS TOLD HIM HE'S A STELLAR ATTORNEY, BUT THERE ARE TIMES WHEN WE DID NOT AGREE.

AND ONE OF THE TIMES THAT WE DID NOT AGREE WAS ONE OF HIS LAST TIMES HERE WHEN I TOLD HIM HE WAS UNTRUSTWORTHY.

AND, WELL, A COUPLE OF PEOPLE CHASTISED ME FOR THAT COMMENT.

AND NOW WE ARE BACK HERE DEBATING WHETHER OR NOT HE IS TRUSTWORTHY OR NOT.

NO, WE'RE NOT DEBATING. THE FACT OF THE MATTER IS.

THIS IS IRRELEVANT, COMMISSIONER BOLTON.

THE FACT OF THE MATTER BEING.

YOU ARE DISPARAGING THE FORMER CITY ATTORNEY. RECLAIMING MY TIME.

RECLAIMING MY TIME.

UNDERSTOOD.

THE RULES, AS I'VE SAID, YOU KNOW, STATE THAT EACH AND EVERY ONE OF YOU HAS THE RIGHT TO SPEAK AS LONG AS THE COMMENTS THAT YOU MAKE AREN'T DISPARAGING, ABUSIVE OR DISRUPTIVE.

AND I HEAR WHAT COMMISSIONER BOLTON'S SAYING.

I ALSO HAVE A CORDIAL RELATIONSHIP WITH MR. GOREN, AS WELL AS OTHER CITY ATTORNEYS THROUGHOUT SOUTH FLORIDA.

AND I THINK THAT THAT SPEAKS FOR ITSELF.

AND AGAIN, I WOULD STRONGLY RECOMMEND TO THIS BODY THAT IT SUBJECT TO THE 15 SECONDS OR 20 SECONDS THAT THE COMMISSIONER BOLTON MAY WISH TO RESERVE FOR FURTHER COMMENT, MAKE SURE, AGAIN, THAT'S CONSISTENT WITH THE RULES AND THEN JUST MOVE ON TO VOTING ON THE ORDINANCE.

I THINK THAT I'VE SAID THAT THIS ACTS PROSPECTIVELY.

IT'S INTENDED TO CORRECT ISSUES THAT OUR CODE HAS WITH FLORIDA SUPREME COURT PRECEDENT AND STRONGLY AGAIN, RECOMMEND THAT YOU ALL JUST MOVE TO VOTING ON THE ITEMS SUBJECT TO ANY FINAL COMMENTS THAT COMMISSIONER BOLTON MAY HAVE THAT IS CONSISTENT THAT THAT ARE CONSISTENT WITH OUR RULES OF PROCEDURE.

COMMISSIONER BOLTON? YOU DEBATE SIDES AND YOU COME UP WITH YOUR OPINION.

THIS IS YOUR OPINION.

SAM GOREN HAD AN OPINION.

ALL I'M SAYING IS THAT AT THE TIME MY OPINION OF HIS OPINION WAS THAT HE WAS UNTRUSTWORTHY. BUT I LOVE HIM.

THANK YOU SO MUCH.

CITY CLERK. PLEASE CALL THE ROLL.

THANK YOU. MAYOR GOMEZ? YES. VICE MAYOR GELIN? YES. COMMISSIONER BOLTON? NO. MR. VILLALOBOS? YES. COMMISSIONER PLACKO? YES. MOTION PASSES 4 TO 1.

[8.b T02494 - An Ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 10 of the City of Tamarac code of ordinances, entitled "Land Development Code", amending Article 5, entitled "Administration" by amending Section 10-5.3, entitled "Common Review Procedures"; by specifically amending section 10-5.3(j)(5)(b)(ii) replacing the term "two-thirds" with "majority" of the decision-making body permitted to grant a waiver of the one year time limitation required for the resubmittal of a similar or same land development application after being previously denied; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. ]

CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.

THANK YOU, MAYOR, AND MEMBERS OF THE COMMISSION.

THIS IS AN ORDINANCE OF THE CITY COMMISSION, CITY OF FLORIDA AMENDING CHAPTER TEN OF THE CITY OF TAMARACK CODE OF ORDINANCES ENTITLED LAND DEVELOPMENT CODE AMENDING ARTICLE FIVE ENTITLED ADMINISTRATION BY AMENDING SECTION 10-5.3 AND TITLED COMMON REVIEW PROCEDURES BY SPECIFICALLY AMENDING SECTION 10-5.3J5B2, REPLACING THE TERM TWO THIRDS WITH MAJORITY OF THE DECISION MAKING BODY PERMITTED TO GRANT A WAIVER OF THE ONE YEAR TERM TIME LIMITATION REQUIRED FOR THE OF MIDDLE OF A SIMILAR OR SAME LAND DEVELOPMENT APPLICATION AFTER BEING PREVIOUSLY DENIED, PROVIDING FOR MODIFICATION, 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.

WE HAVE A MOTION BY COMMISSIONER VILLALOBOS, A SECOND BY COMMISSIONER PLACKO.

DEVELOPMENT DIRECTOR MAXINE CALLOWAY IS AVAILABLE FOR ANY QUESTIONS IF THERE SHOULD BE ANY, AND AT THIS TIME I WILL OPEN IT UP FOR PUBLIC COMMENTS.

I HAPPEN TO KNOW THAT EILEEN MICHAELSON HAD SIGNED IN FOR PUBLIC COMMENTS ON THIS ITEM.

SAME RULES APPLY.

NAME AND ADDRESS FOR THE RECORD, PLEASE.

EILEEN MICHAELSON, 4809 WOODLANDS BOULEVARD.

I URGE YOU TO VOTE NO ON THIS ITEM.

[01:55:01]

THEY SHOULD BE VERY SPECIAL TO MOVE FROM A TWO THIRDS VOTE, WHICH REQUIRES FOUR OF YOU TO A SIMPLE MAJORITY, WHICH REQUIRES THREE TO WAIVE THE CODE SO THAT SOMEONE CAN SUBMIT A LAND DEVELOPMENT APPLICATION THAT YOU ALL DENIED THE WEEK BEFORE.

IT'S NOT REALLY FAIR TO THE COMMUNITY WHEN THE COMMUNITY HAS AN OPINION ON SOMETHING AND THEY COME HERE AND YOU SUPPORT THE COMMUNITY.

THEY READ YOUR CODE AND SAY, WELL, THEY CAN'T COME BACK FOR A YEAR UNLESS THERE'S A SUPERMAJORITY VOTE.

THERE'S A REASON THAT YOU ASK FOR THAT BECAUSE WAIVERS FROM YOUR WRITTEN CODE SHOULD NOT BE ROUTINELY GRANTED.

WAIVERS ARE VERY SPECIAL, AND IF THE SITUATION IS SO UNIQUE AS TO MITIGATE IN FAVOR OF A WAIVER, I'M SURE THE VOTES WILL BE THERE.

BUT MOVING TO A SIMPLE MAJORITY FROM TWO THIRDS IS AGAINST WHAT MOST CITIES ARE DOING.

MOST CITIES ARE MAKING IT MORE DIFFICULT TO GRANT A WAIVER.

WHEN SOMEONE SUBMITS A LAND DEVELOPMENT APPLICATION, THEY LOOK AT YOUR CODE.

THEY KNOW IF THEY GET DENIED, THEY CAN'T COME BACK FOR A YEAR.

WHY WOULD YOU WANT TO MAKE IT EASIER FOR SOMEONE TO NOT FOLLOW YOUR CODE THAN TO FOLLOW YOUR CODE? SO I JUST WANT TO TELL YOU, I THINK THIS IS BAD PUBLIC POLICY AND I DON'T BELIEVE IT SHOULD BE ADOPTED.

THANK YOU. THANK YOU.

IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS ITEM? SEEING NONE. PUBLIC COMMENTS ARE NOW CLOSED.

VICE MAYOR? YEAH, I HAPPEN TO AGREE.

I DO THINK IT'S BAD PUBLIC POLICY AND WE'RE HEARING FROM SOMEONE THAT ONCE SERVED AS A STRONG MAYOR AND A COUNTY COMMISSIONER FOR FOR SEVERAL TERMS. AND I'D ACTUALLY LIKE TO HEAR FROM STAFF AS TO WHY THIS IS BEING PROPOSED.

WELCOME. THANK YOU.

MAXINE CALLOWAY COMMUNITY DEVELOPMENT DIRECTOR, FOR THE RECORD.

THIS ITEM WAS DISCUSSED DURING A WORKSHOP.

IT WAS SPECIFICALLY THE ZONING AND PROGRESS WORKSHOP AND STAFF WAS DIRECTED TO BRING THIS CHANGE BACK.

BY THIS COMMISSION?E4 Q YES, BY THIS COMMISSION.

OKAY. SO I'D LIKE TO HEAR FROM THE COMMISSION.

WHY DO YOU THINK WE SHOULD GO FROM A SUPERMAJORITY TO A SIMPLE MAJORITY? WELL, VICE MAYOR, IF YOU WERE HERE AT THE MEETING OR WATCH THE MEETING AFTERWARDS, YOU WOULD HEAR THE RESIDENTS WHO WISH TO SPEAK.

RESIDENTS WERE NOT HERE AT THIS MEETING, SO THEY MAY WANT TO HEAR AS TO WHY YOU WANT IT.

THOSE WHO WISH TO SPEAK, THEY WILL SPEAK.

IF THEIR LIGHTS GET LIT UP, THEY WILL SPEAK.

THANK YOU. ANYTHING FURTHER? CNN OC. THANK YOU VERY MUCH.

OC SEEING THAT NOBODY ELSE WISHES TO SPEAK, I WILL SPEAK.

WE ARE CLEANING UP THE TWO THIRDS ITEM AND THAT THE DISCUSSION AT THIS WORKSHOP WAS REGARDING THE DIFFICULTY OF TWO THIRDS AND SOME OF THE COMPLICATIONS WHEN YOU HAVE FIVE PEOPLE ON A DAIS MAKING TWO THIRDS AN ISSUE.

SO THE CONVERSATION CONTINUED ON ABOUT MAKING IT THE MAJORITY.

ALL OF OUR ITEMS ARE THE MAJORITY.

AND WHILE SOME OF THE OTHER ITEMS DISCUSSED AT THAT MEETING WERE WHAT HAPPENS IF AN APPLICANT GOES BACK AND MAKES A VERY QUICK CHANGE OF THE ITEM? THAT WAS VERY SIMPLE.

WHY SHOULD THE APPLICANT HAVE TO WAIT 18 MONTHS, A YEAR OR LONGER FOR WHATEVER IT WAS? SO THE DETERMINATION WAS IT WOULD BE BETTER TO BE TO THREE A REGULAR MAJORITY.

SO IT'S ONE OF THE ITEMS. THE OTHER ITEM WAS.

THAT IF THERE WAS ENOUGH GROUNDSWELL FROM THE PUBLIC THAT IT WOULDN'T BE WANTED FOR THAT WAIVER TO OCCUR, THEN THE WAIVER WOULD NOT OCCUR BECAUSE IT WOULDN'T BE VOTED ON BY EVEN THREE, OR MAYBE IT WOULDN'T BE VOTED ON BY FOUR.

OR MAYBE IT'LL BE A50 TO NOT GRANT THE WAIVER.

BUT THAT WAS THE REASON FOR REORGANIZING THIS ITEM SINCE WE HAD TO GO BACK AND REORGANIZE THE LANGUAGE IN THIS SECTION.

SO. SEE NO FURTHER DISCUSSIONS TO DECLARE.

OH, SORRY TO THE CHAIR.

CITY ATTORNEY, I HAVE A QUESTION.

MM HMM. SO LET'S SAY APPLICANT THIS WEEK GETS DENIED.

COMES BACK A YEAR LATER.

WOULD IT BE AN EASY PROCESS FOR THEM TO JUST.

WOULD IT BE AN EASY PROCESS FOR US TO JUST SAY NO AT THAT POINT AS WELL? OR IF THEY RECTIFIED THE ISSUE, WHY WE SAID NO.

RIGHT. BECAUSE THE COMMUNITY CHANGES, I WOULD SAY ANNUALLY.

WE HAVE DIFFERENT PEOPLE COMING IN, COMING OUT.

DECISIONS TO HOW WE FEEL CHANGE, YOU KNOW, WEEKLY, MONTHLY, ANNUALLY.

TODAY WE FEEL GOOD ABOUT A PROJECT.

NEXT YEAR WE DON'T FEEL GOOD ABOUT PROJECT.

SO. IS IT IS IT HARD FOR AN APPLICANT OR FOR US TO PUT AN ITEM BACK ON THE AGENDA? I MEAN, HOW COMPLICATED WOULD THAT BE? WELL, I THINK THAT YOUR QUESTION, COMMISSIONER, IF, AS I UNDERSTAND IT, IS

[02:00:06]

THE FIRST ONE IS IF A YEAR GOES BY, THAT'S THAT'S THE MAX TIME FOR AFTER A YEAR THE APPLICANT CAN REAPPLY, PERIOD.

THEY HAVE THE RIGHT UNDER YOUR CODE TO COME BACK AND REAPPLY AFTER THAT ONE YEAR PERIOD.

YOU WOULD THEN TREAT THAT APPLICATION AS A NEW APPLICATION AND YOU WOULD EVALUATE IT AGAINST THE CRITERIA AND AND THE THE WHATEVER INFORMATION THE APPLICANT BRINGS FORWARD AT THAT POINT IN TIME, YOU, YOU, YOU WOULDN'T NECESSARILY LOOK BACK AND SAY, YOU KNOW, A YEAR AGO OR MAYBE, YOU KNOW, NOTHING'S CHANGED.

TO YOUR POINT, SECOND PART IS IF THE APPLICANT THEN WHETHER IT'S A YEAR OR A FEW GRANT THE THE THE IF THIS ORDINANCE WERE TO BE ADOPTED AND THE APPLICANT APPLICANT WERE TO COME BEFORE YOU AND ASK FOR A WAIVER TO HAVING TO WAIT A YEAR.

THEN IT WOULD BE UP TO THE COMMISSION TO DETERMINE WHETHER OR NOT WHATEVER INFORMATION, PRESUMPTIVELY NEW INFORMATION THE APPLICANT MAY BRING FORWARD, BECAUSE THAT'S WHAT THE CODE SAYS.

THEY HAVE TO DEMONSTRATE CERTAIN THINGS.

IF YOU ALL DETERMINE THAT THEY PRESUMPTIVELY MEET THAT CRITERIA, THEN YOU COULD GRANT THEM A WAIVER AND YOU COULD THEN CONSIDER THE APPLICATION BEFORE THE YEAR IS UP.

I HOPE THAT ANSWERS YOUR QUESTION.

VICE MAYOR. AND ALSO JUST FOR THIS COMMISSION, MOST ITEMS THAT COME BEFORE US, THE MAJORITY OF THE ITEMS THAT COME BEFORE US PASS 5 TO 0.

OCCASIONALLY, SOME ITEMS WILL PASS 4 TO 1.

THERE WERE TWO ITEMS TODAY THAT PASSED 4 TO 1, BUT MOST ITEMS PASSED 520 AND OCCASIONALLY EVEN FEWER FREQUENCY.

IT'S 3 TO 2. BUT I DON'T KNOW IF THE CITY CLERK KEEPS A RECORD ON A SPREADSHEET OR NOT, BUT I'M SURE IF ANALYSIS WAS DONE THAT THE MAJORITY OF THE ITEMS THAT COME BEFORE IS PASSED 5 TO 0, AND THEN THERE IS A FEW TIMES IT'S 4 TO 1 LIKE TODAY, TWO ITEMS, AND THEN VERY RARELY IT'S 3 TO 2.

SO I DON'T THINK IT'S A BIG ASK.

IF WE ALL AGREE THAT, HEY, SOMEONE SHOULD NOT HAVE TO WAIT A YEAR, THEY WOULD HAVE NO PROBLEM NOT JUST GETTING FOUR VOTES, BUT GETTING FIVE VOTES.

SO THAT'S MY OPINION.

WE SHOULDN'T MOVE FORWARD ON THIS.

THANK YOU. PLEASE CALL THE ROLL.

MAYOR GOMEZ? YES.

COMMISSIONER VILLALOBOS? NO. MR. PLACKO. NO.

NO. MR. BOLTON. NO.

AND VICE MAYOR GELIN. NO MOTION FAILS.

4 TO 1. THANK YOU VERY MUCH.

[9.a TR13753 - A Resolution of the City Commission of the City of Tamarac, Florida, granting Site Plan Approval (Major) to allow for the tenant improvements of an existing one (1) story building with the addition of a drive-thru lane to accommodate a restaurant drive-thru lane to accommodate a restaurant use; for the subject property located at 7001 NW 88 Avenue, Tamarac, Florida, legally described as (Fla. Fruit Lands CO SUB No 2 5-49-41 1-102 PB COM SE COR SEC 5,W 97.23,N 72 TO POB. A,W 196.75 N 27.06,NELY 82.96,N 181.45.E 174.73,SLY 258.16,S 2.77.W 33.22 TO POB A,TOG WITH:COM SE COR SEC 5,N 408.83,W 92.58 TO POB B, W 30.42,W 16.85,W. 128.15,N 168.29,W 70.35,W 76.35,W 59.99,W 62.01,S 16.78,W 87.90,S 20.41,W 91.56,N. 38.70,W 93.34,NWLY 744.92,E 257.80,S 49,E 441.03, SELY 406.76,S 100.61,SELY 434.43,S 62.65,SELY 174.70 TO POB B) (Case No. 11-SP-21); providing for conflicts; providing for severability; and providing for an effective date]

98R13753. CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.

THANK YOU, MADAM COMMISSIONER.

THIS IS A RESOLUTION, CITY COMMISSIONER TO SAVE TAMARACK, FLORIDA.

GRANNY SITE PLAN APPROVAL MAJOR TO ALLOW FOR THE TENANT IMPROVEMENTS OF AN EXISTING ONE STOREY BUILDING WITH THE ADDITION OF A DRIVE THRU LANE TO ACCOMMODATE A RESTAURANT DRIVE THRU LANE TO ACCOMMODATE A RESTAURANT USE FOR THE SUBJECT PROPERTY LOCATED AT 77001 NORTHWEST 88TH AVENUE, TAMARACK, FLORIDA, LEGALLY DESCRIBED AS.

AND THERE'S A LENGTHY LEGAL DESCRIPTION WHICH I'LL DISPENSE WITH PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU VERY MUCH.

AS THIS IS A QUASI JUDICIAL.

SO YOU'RE ATTORNEY, PLEASE READ THE RULES FOR QUASI JUDICIAL.

AND THEN WE WILL SWEAR IN ANY WITNESSES WHO WILL TESTIFY.

ALL PERSONS. ALL PERSONS TESTIFYING BY THE CITY COMMISSION MUST BE SWORN IN.

THE PETITIONER AND AN INFECTED PERSON SHALL BE GIVEN THE OPPORTUNITY TO PRESENT EVIDENCE, BRING FORTH WITNESSES, CROSS-EXAMINE ANY WITNESSES, AND REBUT ANY TESTIMONY.

ALL EVIDENCE RELIED UPON BE REASONABLY PRUDENT PERSON TO CONDUCT THEIR BUSINESS SHALL BE ADMISSIBLE. WHETHER SUCH EVIDENCE WOULD BE ADMISSIBLE IN A COURT OF LAW, HOWEVER IMMATERIAL OR UNDULY REPETITIOUS EVIDENCE SHALL BE EXCLUDED.

STATEMENTS OF COUNSEL ONLY BE CONSIDERED AS ARGUMENT, NOT CONSIDERED AS TESTIMONY.

THE BOARD OF THE CITY COMMISSION SHALL HAVE THE AUTHORITY REFUSED TO HEAR ANY TESTIMONY WHICH IT DEEMS IS IRRELEVANT OR REPETITIVE.

HEARSAY. HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE OF SUPPLYING IT OR EXPLAINING OTHER EVIDENCE, BUT IT SHALL BE SUFFICIENT BY ITSELF TO SUPPORT A FINDING.

DOCUMENTARY EVIDENCE IS ALSO PERMITTED AND PRESENTED INTO THE RECORD, WITH ALL PARTIES GIVEN AN OPPORTUNITY TO REVIEW THAT DOCUMENTARY EVIDENCE.

THE PETITIONER, HIS OR HER REPRESENTATIVE MAY MAKE A PRESENTATION THAT THE PETITIONER

[02:05:01]

THEN STAFF MAKES THEIR PRESENTATION.

PARTIES WHO ARE IN SUPPORT OF THE PETITION CAN MAKE THEIR PRESENTATION.

AT THAT POINT, PARTIES WHO ARE IN OPPOSITION THEN GO AND CITY PERSONNEL IN ATTENDANCE CAN PROVIDE RESPONSES TO ANY PARTY TO THE PROCEEDING.

FINAL PRESENTATIONS BY THE PETITIONER AND CITY STAFF IN RESPONSE TO ANY TESTIMONIES AT THE END. AND FINALLY, THE CITY COMMISSION SHALL DELIBERATE ON THE PETITION.

NO FURTHER TESTIMONY SHALL BE TAKEN AND MEMBERS OF THE CITY COMMISSIONER SHALL NOT ASK FURTHER QUESTIONS OF PERSONS PRESENTING TESTIMONY.

THE CITY COMMISSION SHALL DISCUSS THE EVIDENCE THAT WAS PRESENTED AT THE PROCEEDING AND VOTE ON THE PETITION.

AS THIS MATTER IS A QUASI SOCIAL NATURE, ANYONE WHO IS GOING TO GIVE TESTIMONY SHOULD STAND AND RAISE THE RIGHT HAND TO BE SWORN IN.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? STAFF AND THEN, LAST BUT NOT LEAST, BECAUSE THIS IS QUARTZ'S NATURE, IF THE COMMISSION HAS HAD ANY EX PARTE COMMUNICATIONS WHICH INCLUDE SITE VISITS, THEY SHOULD BE DISCLOSED AT THIS TIME. COMMISSIONER BOLTON.

NONE. NONE.

VICE MAYOR. NO, NO.

SORRY. ALL OF US.

SO I HAVE NOT MET WITH THEM.

BUT I WILL SAY THAT I AM A REGULAR AT THAT SHOPPING PLAZA.

SO YOU ASK ABOUT A SITE VISIT? IT WASN'T AN INTENTIONAL SITE VISIT.

I WENT TO GO TO OTHER PLACES.

SO. WELL, IF YOU WANT IT ON THE RECORD YESTERDAY MY BREAKFAST AND LUNCH AND ALMOST DINNER WAS A SMALL BLIZZARD.

SO YES, I WAS THERE.

I WAS THERE YESTERDAY. SO THANK YOU VERY MUCH.

DISCLOSURES HAVE BEEN MADE AND NOW I NEED A MOTION IN A SECOND PLACE.

SO WE HAVE A MOTION BY COMMISSIONER VILLALOBOS.

WE HAVE A SECOND BY COMMISSIONER PLACKO.

AT THIS TIME, COMMUNITY DEVELOPMENT MAXINE CALLOWAY IS AVAILABLE FOR ANY QUESTIONS AND WE WILL GO TO PUBLIC COMMENTS.

IS THERE ANYBODY IN THE AUDIENCE WHO HAS ANY COMMENTS ON THE APPLICANT TO.

MY APOLOGIES, APPLICANT.

WOULD YOU LIKE TO MAKE A PRESENTATION? ALL RIGHT. WELL, WELCOME.

SORRY.

GOOD MORNING. MY NAME IS CARLOS LOZANO WITH YOUR AND LOZANO ARCHITECTS 2830 A.

WHERE STEVE RODE 84, FORT LAUDERDALE.

THIS PROJECT IS BASICALLY THE REPURPOSE OF AN EXISTING BUILDING IS FOR A DUNKIN DONUTS AND. THE BUILDING IS LOCATED.

RIGHT IN IN THE SHOPPING CENTER, AS IT WAS MENTIONED, THE SHOPPING CENTER IS LOCATED BETWEEN THE GAS STATION AND THE TIRE SHOP.

THE BUILDING WAS ON IS VACATED.

A CHINESE RESTAURANT HAS BEEN EMPTY FOR.

FOUR OR FIVE YEARS.

I DON'T REMEMBER EXACTLY.

AND THE OWNERS OF THE BUILDING, THEY JUST SAW THE OPPORTUNITY TO BRING BACK TO THE SHOPPING CENTER. DUNKIN DONUTS.

DUNKIN DONUTS USED TO BE THERE, BUT BECAUSE OF THE LACK OF OF DRIVE THRU, IT JUST MAKES THE BUSINESS NOT COMPETITIVE WITH THE BECAUSE.

WE LIKE OUR DIRECTORS IN THE MORNING.

SO THE IDEA OF THE OF THE OWNERS WAS TO MAKE SOME IMPROVEMENTS TO THE SITE AND TO THE BUILDING JUST TO BRING THE.

THE. DRIVE THRU AND THE DRIVE THRU BASICALLY WILL.

WILL NOT REDUCE THE GREEN AREAS OF THE BUILDING.

WE WILL TAKE ON SOME OF THE EXCESS PARKING THAT WE HAVE IN IN THE SITE BACK AND AND OF THE BUILDING BRING THE DRIVE THRU.

THE DRIVE THRU WAS WENT THROUGH ALL THE STEPS REQUIRED BY CITY STAFF.

WE, WE, WE DID THE TRAFFIC STORIES JUST TO MAKE SURE THAT WE DIDN'T HAVE ANY CONFLICT WITH LOCAL TRAFFIC ON LOCAL AT A STREET LEVEL AND A SHOPPING CENTER LEVEL.

ALSO AWARE PARKING CALCULATIONS WERE NOT AFFECTED.

THIS SHOPPING CENTER IN PARTICULAR HAS AN EXCESS OF 700 PARKING SPACES.

THAT'S THAT'S UNIQUE.

[02:10:01]

AND. THIS IS THE LOCATION OF THE OF THE BUILDING AND YOU CAN SEE THE PROPOSED DRIVE THRU. THE DRIVE THRU ACTUALLY IS NOT AFFECTING ANY OF THE LOCAL TRAFFIC.

AND THE BUILDING ITSELF IS 3000 SQUARE FEET.

WE ARE DIVIDING THE BUILDING 1800 FOR DUNKIN DONUTS AND THE BALANCE 1200 IS GOING TO BE USED BY RETAIL SPACE.

IT'S JUST GOING TO ADD TO THE RETAIL SPACE OF THE SHOPPING CENTER.

THE LANDSCAPE IS GOING TO BE A BRING UP TO CURRENT MODE.

WE ARE ALSO IMPROVING THE LIGHTING WE ARE PUTTING IN LED LIGHTING FOR FOR THIS PORTION OF THE OF THE OF THE SHOPPING CENTER, THE FACADE IS GOING TO BE IMPROVED.

JUST TO CONFIRM WITH THE WITH THE CORPORATE STANDARDS OF DUNKIN DONUTS, THE LATEST STANDARD, AND WE ARE GOING TO BRING A NICE MATERIALS, CORRECT COLORS.

AND AND AND, YES, CURRENT ELEMENTS LIKE METAL CANOPIES AND ITEMS OF THAT SORT. YEAH.

ALSO, WE ARE GOING TO IMPROVE ALL THE DUMPSTER AREAS THAT WE ARE GOING TO HAVE ENCLOSURES THAT ARE KEEPING HARMONY WITH THE BUILDING.

AND THERE IS GOING TO BE SOME SIDE EQUIPMENT THAT YOU NEED FOR YOUR DRIVE THRU THAT IS GOING TO BE THE SAME EQUIPMENT THAT DUNKIN DONUTS CORPORATION USES THROUGHOUT SOUTH FLORIDA. AND YOU CAN SEE THE THAT WE ARE GOING TO DO SOME LANDSCAPE IMPROVEMENTS.

SO THIS SITE IS GOING TO IS GOING TO LOOK A LOT BETTER THAN IT LOOKS.

IT IS NOW. IT'S GOING TO BE A BIG IMPROVEMENT.

SO. I ALSO CAN SHOW HERE THAT WE ARE BRINGING UP THE LIGHTING FIXTURES AND THE LIGHTING LEVELS.

SO IT'S GOING TO BE.

A NICE, SAFE SITE.

I DON'T KNOW IF ANYBODY HAS ANY QUESTIONS THAT I CAN ADDRESS.

EXCELLENT. THANK YOU VERY MUCH.

I HAVE.

VICE MAYOR ALLEN'S LIGHT WAS LIT BEFORE, SO I DIDN'T KNOW IF HE WAS WANTING TO SPEAK OR IF HE LEFT IT ON. SO GO AHEAD.

YEAH, I'M SURE YOU GUYS DO YOUR OWN ANALYSIS AND COMFORTABLE WITH OPENING A STORE AT THAT LOCATION. JUST CURIOUS IF YOU COULD GIVE US SOME FEEDBACK IN TERMS OF YOUR PROJECTED SUCCESS, GIVEN THAT THERE ARE ALREADY A COUPLE OF DUNKIN DONUTS IN TAMARAC, THERE'S ONE ON COMMERCIAL BOULEVARD WEST TOWARDS 869.

THERE'S ANOTHER ONE ON THE CORNER OF MCNAB AND UNIVERSITY DRIVE.

I DON'T KNOW IF YOU OWN THOSE OR HOW DOES IT IMPACT IN TERMS OF HAVING COMPETITION FOR THAT? I HAVE THE OWNER.

I'M JUST THE ARCHITECT. RIGHT.

HELLO. I'M ALBERTO.

I LIVE IN ATLANTIC BOULEVARD, IN HEIGHTS.

I'M THE OWNER OF THE PLAZA.

I'M NOT ON THE.

THE DUNKIN DONUTS.

THEY DID THEIR STUDIES.

THEY BEEN WANTING TO BE IN THIS PLAZA FROM A LONG TIME.

I THINK THAT IT HAS TO DO WITH CIRCULATION AND HOW PEOPLE MOVE AND EVERYTHING.

AND WHAT I CAN TELL YOU THAT DUNKIN DONUTS HAS A VERY PECULIAR WAY TO CHOOSE THEIR LOCATION SO THEY DON'T COMPETE WITH EACH OTHER BECAUSE THEY ARE FRANCHISEES.

RIGHT. AND I'M ACTUALLY TRYING TO GET A DUNKIN DONUTS IN THIS PLAZA FOR MANY YEARS NOW. SO I'M SURE THAT THE THING THAT IT'S GOING TO BE SUCCESSFUL.

OKAY. CAN YOU JUST SPELL YOUR NAME FOR.

SO WE HAVE IT FOR THE RECORD FOR THE CITY CLERK, ALBERTO.

MM HMM.

I SEE.

OKAY. THANK YOU. THANK YOU.

COMMISSIONER PLACKO. THANK YOU.

I HAVE TO SAY, AS A RESIDENT IN WOOD, MONT.

WE WILL LOVE THE FACT THAT WE HAVE A DUNKIN DONUT VIRTUALLY AT OUR BACK DOOR.

SO WE'VE BEEN LOOKING FORWARD TO WHAT WE'VE HEARD ABOUT IT FOR MANY YEARS.

SO NOW IT'S COMING TO FRUITION.

SO WE WELCOME YOU.

OH, GREAT. THANK YOU.

COMMISSIONER VILLALOBOS.

THIS WOULD BE A QUESTION FOR MR. MICA. I THINK IT'S FABULOUS, ESPECIALLY IT'S COMING INTO MY DISTRICT.

[02:15:03]

IMPROVING MY DISTRICT WOULD BE GREAT.

WELL, WE'RE HAPPY HERE.

YOU SAID YOU WERE THE OWNER OF THE PLAZA.

ANY INTENTION FOR THE PIECE OF LAND NORTH OR TO THE LEFT OF DUNKIN DONUTS? COMMISSIONER VILLALOBOS, I'M GOING TO JUST CHECK WITH THE CITY ATTORNEY IF THIS IS A A QUESTION THAT CAN BE ASKED IN THE MIDDLE OF A QUASI JUDICIAL REGARDING A SITE SPECIFIC ITEM. THAT IS, AGAIN, PART OF THE.

THE RULES ARE SLIGHTLY DIFFERENT WHEN WE'RE TALKING ABOUT QUASI JUDICIAL PROCEEDINGS.

SO WE ARE TALKING ABOUT SOMETHING THAT IS SITE SPECIFIC.

YOU KNOW, IF LET ME FINISH.

THE COMMISSIONER CAN CAN CONNECT THE DOTS AS TO WHAT THE HOW IT RELATES TO THIS PARTICULAR LOCATION. THAT'S BEFORE YOU. THEN CERTAINLY YOU CAN ASK THE QUESTION.

GIVE ME A SECOND. WE GOT THEM ADMITTED.

WELL, I'LL LOOK FORWARD TO ANY MORE DEVELOPMENT THERE.

THANK YOU. THANK YOU.

AND MR. MEHTA, IF YOU WOULD, MAYBE YOU CAN.

THAT'D BE GREAT. AND SHE'S NOT THE ONLY ONE WHO'D LIKE TO TALK WITH YOU, SO.

YES. ANYWAY, ALL GOOD STUFF.

SO, COMMISSIONER BOLTON.

WELL, I CERTAINLY LIKE DUNKIN DONUTS.

I WASN'T HERE FOR THE COMMENTARY, BUT I DID READ MY BOOK.

I SEE THE BACK OF INFORMATION AND I THINK IT IS A REALLY GREAT CONCEPT AND GOOD IDEA.

THANK YOU SO VERY MUCH FOR COMING TO THE CITY OF TAMARAC.

AND JUST ONE QUESTION FOR YOUR PRODUCT, THOUGH.

CAN YOU MAKE IT JUST A LITTLE BIT LESS ADDICTING? THANK YOU SO MUCH.

THANK YOU, VICE MAYOR.

YEAH, NOT FOR THE NOT FOR THE DEVELOPER, BUT FOR THE CITY ATTORNEY.

SO WOULD THIS ITEM BE CONSIDERED LEGISLATIVE ONCE THIS LAST ITEM PASSED? NO, NO. THIS IS A TRULY QUASI JUDICIAL SITE, SPECIFIC SITE PLAN APPROVAL UNDER FLORIDA CASE LAW, AGAIN, FROM THE FLORIDA SUPREME COURT.

THIS IS DEFINITELY QUASI JUDICIAL, JUST SO WE ARE OPERATING APPROPRIATELY.

THANK YOU. THANK YOU.

COMMISSIONER BALDWIN, DID YOU WISH TO SPEAK AGAIN? OKAY. THANK YOU SO.

SINCE I CAN ALREADY TELL WE HAVE SUPPORT FOR THIS, I WILL SAY I MIGHT NOT HAVE GONE TO DAIRY QUEEN HAD DUNKIN DONUTS BEEN THERE.

AND I'VE ACTUALLY MOVED MY LAW FIRM VERY CLOSE TO WHERE A DUNKIN DONUTS IS BECAUSE I RUN ON DUNKIN. SO WITH THAT, SHALL WE CALL THE ROLE THE STAFF WANT TO PROVIDE ANY ADDITIONAL COMMENTS SO WE CAN CLOSE THE PROCESS? THAT'S NOT ON MY PROCESS LIST, BUT THANK YOU.

RIGHT. THE APPLICANT JUST COVERED EVERYTHING STAFF WOULD HAVE COVERED IN THEIR PRESENTATION. JUST WANT TO SAY THAT THE APPLICANT DID MEET THE CRITERIA FOR THE CODE.

THERE ARE THREE CRITERIA RELATIVE TO SITE PLAN APPROVAL AND THOSE WERE MET.

AND SO THAT'S THE ONLY THING STAFF WANTS TO INCLUDE.

AND ACTUALLY THERE WAS ONE OTHER QUESTION I HAD.

SO WITH THE CURBING FOR THE DRIVE THROUGH, I KNOW YOU HAVE YOUR REGULATIONS, BUT MAYBE YOU CAN THINK ABOUT WIDENING IT JUST A LITTLE BIT BECAUSE THERE ARE LARGER VEHICLES THAN ARE SOMETIMES PLANNED AND SOMETIMES IT'S A LITTLE TIGHT TO GET THROUGH.

AND I'M NOT SAYING YOURS IS, BUT IN GENERAL, SOMETIMES I THINK OUR DRIVE THRUS ARE A LITTLE MORE RESTRICTIVE THAN THEY CAN BE, WHICH CAN CREATE WHEEL ALIGNMENT ISSUES.

YEAH, THIS IS AN AWESOME AND ARCHITECT CAN SPEAK TO IT, BUT THE DRIVE THRU PROVIDES FOR SUFFICIENT QUEUING. IT'S A LARGE ENOUGH DRIVE THRU THAT WRAPS AROUND THE ENTIRE BUILDING AND STAFF HAS SOME IMAGES IF IT'S HELPFUL BECAUSE I KNOW THE APPLICANT'S PRESENTATION WAS A BIT.

TOO MUCH LIGHT AND YOU REALLY COULDN'T SEE IT.

SO IF YOU'D LIKE, WE CAN JUST RUN THROUGH THE SLIDE, SO AS IF YOU WANT TO SEE SOME OTHER IMAGES. BUT THE DRIVE THRU WRAPS AROUND THE ENTIRE BUILDING AND MORE CONCERN AS YOU DRIVE OUT THAT THE.

INGLES AND ABILITY TO TURN IN THAT PARKING LOT ARE A LITTLE BIT LARGER AND I'LL SAY THE TRAFFIC STUDY INCLUDED THE TURNING RADIUS OF THE VEHICLE.

SO SO IT WAS, IT WAS SUSTAINED BY.

SO LET ME PUT IT THIS WAY.

IF YOU DRIVE THROUGH THE OTHER ITEM, THE OTHER LOCATION THERE, AND IF THAT DRIVE THROUGH WIDTH IS THE SAME AS WHAT YOU'RE DOING FOR THIS DRIVE THROUGH, I REQUEST YOU MAKE IT A LITTLE LARGER. YOU'LL UNDERSTAND IF YOU DRIVE THROUGH THE OTHER PARCEL THAT'S ON THERE. THAT'S ALL.

IT'S JUST A REQUEST. AND THEN I WAS CURIOUS, AS YOU SAID, THE OTHER HALF PART OF ITS RETAIL IS THAT RETAIL FOR DUNKIN DONUTS OR IS IT RETAIL FOR SOMETHING FOR THE OWNER TO PUT IN? WE DON'T HAVE THE TENANT YET, BUT IT'S FOR THE OWNER TO PUT IN THAT THE REDEVELOPMENT OF THIS PRODUCT.

AND THEN SO WILL THE OTHER TENANT WHEN THEY COME IN, HAVE TO COME BEFORE US FOR ANYTHING FURTHER FOR THE SITE PLAN OR THIS IS JUST PURELY FOR OWNER OCCUPIED OWNER TO DEAL WITH

[02:20:01]

AND THIS SITE INCLUDES THE TWO PARTS OF THE BUILDING, 1804 DUNKIN DONUTS 204, WHICH WILL THEN FIT INTO THE SIGNAGE REQUIREMENTS THAT WE'RE PUTTING FORTH.

OKAY. THANK YOU VERY MUCH.

NOW LET'S CALL THE ROLL. OH, I'M SO SORRY.

BUT DIDN'T I CALL PUBLIC COMMENTS? I DID NOT CALL PUBLIC COMMENTS.

PUBLIC COMMENTS? MY APOLOGIES.

NAIMAN. THANK YOU.

SORRY. I THINK WE WERE ALL JUST EXCITED THAT WE'RE GOING TO GET SOME.

THANKS. DOROTHY SCHILLER. KING'S POINT.

I AM EQUALLY EXCITED.

I THINK IT'S GOING TO BE TREMENDOUS FOR TAMARAC BECAUSE I AM A STRONG DUNCAN SUPPORTER, AND THE DUNCAN THAT WE HAVE ON COMMERCIAL HIATUS IS TERRIBLE.

AND I'M NOT SPEAKING FOR MYSELF.

I'M SPEAKING FOR OTHER PEOPLE AS WELL.

AND I THINK HAVING A NEW DUNCAN IN OUR COMMUNITY IS GOING TO BE ABSOLUTELY PHENOMENAL. THANK YOU.

NAME AND ADDRESS OR LOCATION.

FOR THE RECORD, PLEASE. THAT'S GOING TO BE FINE.

THANK YOU. MADAM MAYOR OR MONDO GRUNDY, GOMEZ.

GAINESVILLE, FLORIDA.

MADAM MAYOR. I GUESS MY QUESTION IS GOING TO BE MORE OF A POLICY QUESTION FOR THE DEVELOPER. I GUESS. ARE THEY GOING TO BE USING NATIVE VEGETATION WHERE THEY'RE GOING TO BE DOING A LOT OF THEIR LANDSCAPE ARCHITECTURE? AND THEN THE OTHER QUESTION IS, I RUN ON DUNCAN TO LOVE IT, LOVE IT, LOVE IT.

I THINK IT'S GOOD THAT YOU'RE GOING TO BE HAVING SOME ECONOMIC DEVELOPMENT FOR YOU.

SO THAT WOULD BE MY QUESTION FOR THE DEVELOPER.

SINCE WE WERE TALKING ABOUT FOLLOWING THE CODE, IS THERE GOING TO BE NATIVE VEGETATION? SO THAT HELPS WITH WATERING AND EVERYTHING ELSE.

THANK YOU VERY MUCH FOR THE QUESTION.

THESE ARE SOME THINGS THAT I GUESS WE ON THE DAYS MAY TAKE FOR GRANTED BECAUSE WE'RE AWARE OF IT. BUT I WOULD LIKE THE ANSWER TO BE MADE PUBLIC, PLEASE.

YES. IN ORDER TO TO GET THE DRC APPROVED, THE DEVELOPMENT REVIEW COMMITTEE IS DONE BY STAFF AND YOU HAVE TO COMPLY WITH CODE IS IT'S A CODE BASED REVIEW.

IT'S NOT IT'S NOT THIS QUESTION.

YOU COMPLY OR YOU OR YOU FAIL.

EXCELLENT. THANK YOU. AND MS.. CALLAWAY IS GOING TO ADD A LITTLE BIT MORE.

AND HER CODE DOES INCORPORATE ZERO ESCAPE PRINCIPLES.

THANK YOU VERY MUCH.

ALL RIGHT. NOW, IS THERE ANYBODY ELSE WHO WISHES TO SPEAK ON THIS MATTER BEFORE I CLOSE PUBLIC PARTICIPATION? ANSWER SEEMS TO BE NO CITY CLERK IS CALLED THE.

THANK YOU, MAYOR. MAYOR GOMEZ.

YES. COMMISSIONER PLACKO.

YES, MR. BOLTON.

MAYBE THERE'S NO SUCH THING.

VICE MAYOR GELIN YES.

AND COMMISSIONER VILLALOBOS.

YES. MOTION PASSES UNANIMOUSLY 5 TO 0.

BEFORE WE WELCOME YOU TO THE COMMUNITY, IT SEEMS THAT WE HAVE A LEGAL NO, NO.

JUST FOR THE RECORD.

I'M ASSUMING THAT THE MOTION THAT WAS MADE IS BECAUSE THIS COMMISSION HAS DETERMINED THAT THE APPLICANT HAS DEMONSTRATED COMPLIANCE WITH THE APPLICABLE CRITERIA TO BE ENTITLED TO THIS THE SITE PLAN APPROVAL.

YES. THAT WAS THE MOTION.

THANK YOU VERY MUCH. WELCOME TO THE CITY OF TAMARAC.

AND THANK YOU TO LIVING TO BE IN OUR PLAZA.

TAKE CARE. AND ONE LAST THING, SIR.

DID NOT LEAVE. NO, NO, NO.

DUNKIN DONUTS AND THEN ICE CREAM.

OH, WELL, YOU KNOW, THEY WANT TO BRING THE ICE CREAM, MAN.

LOOK, THAT'S THAT'S THAT'S, YOU KNOW.

OH, NOTHING STOPS YOU FROM PUTTING AN ICE CREAM ON THE DONUT, AND NOTHING STOPS YOU PUTTING ICE CREAM IN YOUR COFFEE.

SO AS WE DIGRESS AND THEN OBVIOUSLY WE'RE AROUND THE NOON HOUR WHERE SOME OF US MAY NEED ADDITIONAL COFFEE OR BREAKFAST, LUNCH OR DINNER.

[10.a Safety First Challenge for Safer Streets - National League of Cities. Requested by Mayor Gomez ]

I AM ON THE NATIONAL LEAGUE OF CITIES TRANSPORTATION INFRASTRUCTURE SERVICES ADVOCACY. POINT OF ORDER.

MADAM MAYOR. I WOULD LIKE TO ASK WHETHER OR NOT IT IS APPROPRIATE TO GIVE BACK UP INFORMATION ON THE DAY OF.

THE COMMISSIONER? NO.

I'M GOING TO ANSWER YOUR QUESTION.

I'M NOT DONE.

I'M ASKING IF IT'S APPROPRIATE TO GIVE BACK THE INFORMATION ON THE DAY OF THE PRESENTATION. THAT WOULD BE SUPPLEMENTAL TO WHAT WAS ALREADY STUDIED BY ME IN THE PRESENT BACKUP.

SO I RECEIVED YOUR BACKUP INFORMATION.

I WENT OVER IT OVER THE WEEKEND, BUT I'M GETTING ADDITIONAL BACKUP INFORMATION.

SO I'M JUST ASKING NICELY, NICELY AND HUMBLY IF IT IS APPROPRIATE TO HAVE ADDITIONAL BACKUP INFORMATION TO REVIEW ON THE DAY OF THE DATE, ON THE DAY OF THE PRESENTATION.

COMMISSIONER BOLTON, I WILL ANSWER YOUR QUESTION.

THE PACKAGE THAT HAS BEEN PROVIDED TO YOU IN A NICER FORMAT IS WHAT IS IN YOUR BACKUP

[02:25:05]

AND SINCE I DON'T DO POWERPOINT, THIS IS MY POWERPOINT.

SO JUST LIKE OTHER PEOPLE PRESENT THEIR ITEMS IN POWERPOINT AND THEY DON'T GIVE IT TO US PRIOR TO THE LAST BITS ARE MY POWERPOINT.

THANK YOU, MY FABULOUS MAYOR.

THANK YOU. SO BASICALLY WHAT THE NATIONAL LEAGUE OF CITIES CHALLENGE FOR US, WHICH MY COLLEAGUES I APPRECIATE HAVE READ, WAS ESTABLISHED ON DECEMBER 6TH THROUGH THE NATIONAL LEAGUE OF CITIES. IT LAUNCHED ITS FIRST SAFETY FIRST CHALLENGE TO BUILD A COALITION OF 100 PLUS CITIES AND TOWNS IN 100 DAYS WHO WANT TO JOIN THE SAFETY MOVEMENT BY TAKING STEPS IN THEIR COMMUNITIES TO BRING FORWARD SOLUTIONS.

FOCUSING ON SAFER STREETS WILL SAVE LIVES, PARTICULARLY THOSE DISPROPORTIONATELY IMPACTED BY TRAFFIC CRASHES AND IMPROVE SAFETY FOR EVERYONE ON OUR STREETS.

SO IN ORDER TO JOIN THESE SAFETY FIRST CHALLENGE, WE NEED TO SHARE AN INTENTION TO JOIN THE SAFETY FIRST CHALLENGE, MAKE A BRIEF STATEMENT OF PURPOSE ON OUR ROAD SAFETY GOALS, AND COMMIT TO AT LEAST ONE OF THE SEVEN CHALLENGES.

AND SO THE CHALLENGES ARE TO HOST A TRANSPORTATION SAFETY ROUNDTABLE WITH SAFETY STAKEHOLDERS FROM THE CORNERS, ALL CORNERS OF THE COMMUNITY, WHICH ARE OUR EMERGENCY RESPONSE HEALTH CARE, TRANSIT POLICYMAKERS, REAL ESTATE, NONPROFIT GROUPS AND COMMUNITY MEMBERS AND OTHERS WHO BETTER UNDERSTAND AND ADDRESS SAFETY NEEDS TO WOULD BE TO GATHER RELATED TRAFFIC SAFETY DATA IN OUR COMMUNITIES WITH AN EMPHASIS ON UNDERSTANDING AND ADDRESSING SAFETY RISKS AMONG DISPROPORTIONATELY AFFECTED COMMUNITIES, INCLUDING PEOPLE WALKING AND BIKING.

SENIORS, CHILDREN, PEOPLE OF COLOR, PEOPLE IN LOW INCOME COMMUNITIES ENGAGE IN COMMUNITY, NEIGHBORHOOD OUTREACH ON TRAFFIC SAFETY PROBLEMS AND SOLUTIONS WITH AN EMPHASIS ON SAFETY SYSTEM APPROACH AND DISPROPORTIONATELY AFFECTED COMMUNITIES.

FOR US TO BEGIN UTILIZING THE NATIONAL LEAGUE OF CITIES AND THE US DEPARTMENT OF TRANSPORTATION OR US DOT TRAFFIC SAFETY RESOURCES TO FORMULATE AND IMPLEMENT A LOCAL SAFETY PLAN AND CONDUCT AN IMPLEMENT SAFETY AUDIT OR INITIATE PARTICIPATION IN THE UN'S DECADE OF ACTION ROAD SAFETY SHOW WHAT IS POSSIBLE IN THE COMMUNITY BY PILOTING A SAFETY DEMONSTRATION OR SAFETY INTERVENTION PROJECT WHILE GATHERING COMMUNITY INPUT AND ANALYZING SAFETY IMPACT.

SIX PREPARE TO UTILIZE THE SAFE STREETS FOR ALL PROGRAM FROM US DOT BY ESTABLISHING A PLAN, PARTNERSHIP OR COMMUNITY STRATEGY AND SEVEN PASS A LOCAL RESOLUTION, LOCAL ROAD SAFETY PLAN OR OTHER PURPOSE DRIVEN SAFETY COMMITMENT THAT ADVANCES ADDITIONAL ACTIONS BASED ON THE SAFE SYSTEM APPROACH.

SO BASICALLY WE HAVE TO PICK ONE OF SEVEN AND IT IS CLEAR THAT OUR CITIES ARE ALREADY DOING THIS. WE'VE HAD NUMEROUS COMMUNITY MEETINGS ON TRAFFIC AND IMPACT.

WE HAVE ALREADY HAVE OUR VISION ZERO, WHICH WAS APPROVED BY THIS COMMISSION AND AN ACTION PLAN STUDY WAS SUBMITTED TO MCP FOR SAF SURTAX FUNDING.

WE HAVE OUR RESOLUTION ON THAT.

WE ALREADY HAVE A QUALITY OF LIFE TASK FORCE TO ADDRESS ALL ELEMENTS OF CONCERN THAT HAS AN IMPACT ON THE APPEARANCE AND QUALITY OF LIFE FOR OUR RESIDENTS.

AN INITIAL MEETING OF THIS TASK FORCE WAS ALREADY HELD TO IDENTIFY DEPARTMENTAL REPRESENTATIVES, DEVELOP OUR APPROACH TO SOUND SOLUTIONS, KEY PERFORMANCE INDICATORS TO TRACK OUR PROGRESS AND THE MECHANISM TO SUPPORT OUR SUCCESS.

WE HAVE TRAFFIC CALMING SOLUTIONS THAT WE'VE ALREADY PUT IN THROUGHOUT OUR CITY.

THE MOST RECENT ONE THAT IS BEING WORKED ON IS NORTHWEST 70TH AVENUE TRAFFIC CALMING.

WE HAVE OUR BSO THAT HAS BEEN DOING STUDIES AND HAVE ALREADY PUT INTO PLACE THE ANTI AGGRESSIVE DRIVING CAMPAIGN AND THEY ARE WORKING ON THAT.

SO OUR CITY ON A WHOLE HAS ALREADY BEEN DOING THIS.

AND SO I AM JUST ASKING FOR AN ADOPTION OF THE RESOLUTION TO ADD THE CITY OF TAMARACK NAME PROUDLY TO THE NATIONAL LEAGUE OF CITIES SAFETY FIRST CHALLENGE, SHOWING THAT TAMARACK IS AMONG THE FIRST 100 CITIES WHO SUPPORT SAFETY FIRST.

COMMISSIONER GELIN, YOU HAVE A QUESTION OR A COMMENT? YEAH, I THINK THIS IS A GOOD THING.

IT'S GREAT. IT BUILDS ON AND ACTUALLY TALKS ABOUT VISION ZERO.

BUT I'D LIKE TO KNOW FROM THE CITY MANAGER WHAT WE HAVE DONE AS IT RELATES TO VISION ZERO. I THINK WE'VE DONE SOME WORK, BUT I DON'T KNOW, I'VE ASKED FOR AN UPDATE, HAVEN'T GOTTEN AN UPDATE. SO IN TERMS OF THE VISION ZERO COMMITMENT, WHICH IS A COMMITMENT TO END FATALITIES IN THE CITY OF TAMARACK DUE TO TRAFFIC, WHETHER BY BIKE WALKING OR CARS, THE HIGHEST RANKING LOCAL OFFICIALS, MAYOR, CITY COUNCIL, CITY MANAGER MAKE AN OFFICIAL AND PUBLIC COMMITMENT TO VISION ZERO.

SO I THINK WE DID THAT BY PASSING THE RESOLUTION.

BUT THEN AN OFFICIAL VISION ZERO TASK FORCE OR LEADERSHIP COMMITTEE IS CREATED AND CHARGED WITH LEADING THE PLANNING FOR VISION ZERO.

I DON'T BELIEVE WE HAVE DONE THAT.

THAT SHOULD INCLUDE SOMEONE FROM THE OFFICE OF THE MAYOR, POLICE, TRANSPORTATION, PUBLIC HEALTH AND OTHER DEPARTMENTS, INCLUDING PLANNING, FIRE, EMERGENCY SERVICE, PUBLIC

[02:30:03]

OWNERS OF EACH STRATEGY, INTERIM TARGETS, TIMELINES AND PERFORMANCE MEASURES.

MADAM CITY MANAGER. DO WE HAVE ANY OF THOSE THINGS? I'M A CITY MANAGER.

IF THIS IS AN ITEM THAT YOU NEED TO BRING BACK AT A WORKSHOP, BECAUSE THAT IS NOT THE EXACT AGENDA ITEM FOR THIS AND YOU HAVE TO GET MORE INFORMATION FOR US.

PLEASE LET US KNOW THAT TOO.

YES. WE WILL BRING IT BACK FOR ADDITIONAL DISCUSSION.

WE HAVE MADE EFFORTS ALONG THE WAY OF IMPLEMENTING VISION ZERO.

WE HAVE A REQUEST INTO THE AND THE SURTAX FUNDING FOR A MULTI MOBILITY TRANSPORTATION PLAN. THAT'S SORT OF A CORNERSTONE OF VISION ZERO.

AND MAXINE CAN ADD ADD FURTHER DETAIL.

I KNOW STAFF HAS BEEN ATTENDING MEETINGS THAT HAVE BEEN ON THIS TOPIC, BUT WE WERE WAITING ON THE FUNDING BASICALLY.

MAXINE, WOULD YOU ADD ANYTHING FURTHER, PLEASE? THANK YOU, MADAM CITY MANAGER.

YES, AND COMMISSIONER, WE HAVE PROVIDED AN UPDATE.

IF WE YOU DID NOT RECEIVE IT, PLEASE LET US KNOW SO WE CAN RESEND.

BUT WE DID PROVIDE YOU WITH AN UPDATE, AS THE MANAGER JUST MENTIONED.

WE ARE WAITING FOR THE FINAL AGREEMENT FROM THE COUNTY RELATIVE TO THE TRANSPORTATION MASTER PLAN. WE DID ADJUST THE SCOPE SPECIFICALLY TO INCLUDE VISION ZERO OBJECTIVES AS A PART OF THE TRANSPORTATION MASTER PLAN.

THAT PLANNING PROJECT WILL ALLOW STAFF TO GO OUT INTO THE COMMUNITY TO ALSO HAVE STAKEHOLDERS TO SIT ON A COMMITTEE TO HELP US TO DRAFT THAT PLAN, THE RESULTS OF WHICH WILL BE A VISION ZERO STRATEGIC PLAN.

AND WE HAVE ALREADY GONE IN AND PROVIDED A SEED FUNDING FROM THE COUNTY THROUGH THE SURTAX PROGRAM AHEAD OF TIME JUST TO MAKE SURE THAT THAT PLAN IS FUNDED.

SO THOSE ARE THE STEPS WE HAVE TAKEN THUS FAR.

OKAY. SO DO WE HAVE A MULTIDISCIPLINARY LEADERSHIP COMMITTEE OR TASK FORCE? YEAH, WE WILL PUT ONE TOGETHER ONCE THE MASTER PLAN IS FUNDED AND THAT WILL BE COMING TO YOU ONCE THE COUNTY IS DONE.

WITH THEIR REVIEW, WE HAVE BEEN GOING BACK AND FORTH, THEN THAT AGREEMENT WILL COME BEFORE THE COMMISSION.

ONCE THAT AGREEMENT IS APPROVED, IT'S $120,000.

WE WILL THEN SECURE A CONSULTANT TO COME ON BOARD TO HELP US WITH THAT MASTER PLAN.

WE WILL HAVE A COMMITTEE PUT TOGETHER AND ALREADY HAVE IDENTIFIED A FEW PEOPLE THAT WOULD BE ON THE COMMITTEE, I BELIEVE.

I GOT AN EMAIL FROM LEVENT FROM A LADY WHO WAS SPEAKING ABOUT CERTAIN CROSSWALKS.

I THINK SHE'S AN ENGINEER.

AND SO WE HAVE ALREADY TOLD HER, I BELIEVE, THAT WE'D LIKE HER TO SERVE ON THAT COMMITTEE, AS WELL AS ONE REPRESENTATIVE THAT YOU BROUGHT TO OUR ATTENTION WHOSE HUSBAND WAS AFFECTED BY A FATALITY.

WE HAVE ALREADY ASKED HER TO SERVE AS WELL.

OKAY. THANK YOU.

YES. SO I THINK THIS SAFETY FIRST CHALLENGE IS A GOOD INITIATIVE.

IT DOES BUILD ON AND TALKS ABOUT ADOPTING THE VISION ZERO ACTION PLAN AND COMMITMENT.

AND UNFORTUNATELY, WE HAVE HAD SEVERAL FATALITIES IN THE CITY OF TAMARACK.

A CYCLIST WAS KILLED ON THE CORNER OF ROCK ISLAND AND COMMERCIAL OTHERS IN THAT WHOLE COMMERCIAL TURNPIKE AREA.

A LOT OF COMPLAINTS I'VE RECEIVED FROM RESIDENTS OF THE WOODLANDS REGARDING TRAFFIC ACCIDENTS. AND SO THERE'S DEFINITELY AN APPROACH, A DIFFERENT APPROACH THAT NEEDS TO BE TAKEN IN TERMS OF HOW STREETS ARE MADE AND WAYS WE CAN MAKE SOME CHANGES TO AVOID INSTANCES OF TRAFFIC ACCIDENTS WHICH CAN LEAD TO FATALITIES.

SO THIS IS A GOOD INITIATIVE THAT I WOULD CERTAINLY SUPPORT SINCE IT BUILDS ON THE VISION ZERO, WHICH I INTRODUCED IN THIS COMMISSION, SUPPORTED UNANIMOUSLY.

THANK YOU. COMMISSIONER VILLALOBOS YOU SUPPORT IT? YES. WE ALREADY HEARD FROM THE VICE MAYOR.

COMMISSIONER PLACKO. YES.

THANK YOU. COMMISSIONER BOLTON.

YES. I BELIEVE IT'S A IT'S A GREAT IDEA.

AND KUDOS TO YOU FOR BRINGING THIS.

I THINK THIS IS ONE OF THE FIRST THINGS WE'VE BROUGHT TO US IN A LONG TIME.

SO I APPRECIATE THAT.

CITY ATTORNEY, CITY MANAGER.

I WILL BE SIGNING OFF ON THIS AFTER THE MEETING.

THANK YOU VERY MUCH.

[10.b Discussion on Community Engagement Liaisons' roles when lobbying for their. Commissioners' agenda items. Requested by Commissioner Villalobos.]

I MENTIONED VILLALOBOS THIS ITEM BECAUSE THERE WAS COMMUNITY ENGAGEMENT IN LIAISON AS WELL. THAT WAS TWICE ASKED IF THEY.

BEING WITH THE PRESENT LOBBYING FOR AN ITEM ON THE AGENDA AS A RESIDENT OR AS A AN

[02:35:02]

SO I WOULD JUST LIKE TO GET CONSENSUS FROM THIS COMMISSION THAT OUR SEALS SHOULD NOT BE LOBBYING ON OUR BEHALF OR FOR THEMSELVES IF THEY ARE ON THE CLOCK.

SO CONSIDERING THAT THE SEAL WAS ON THE CLOCK GETTING PAID, REPRESENTING THEMSELVES AS A RESIDENT, BUT ALSO LOBBYING FOR ONE OF THEIR COMMISSIONERS FOR THE REPRESENTATIVE COMMISSIONER OR A VICE MAYOR.

I WOULD LIKE TO GET CONSENSUS THAT GOING FURTHER IN THE FUTURE THAT WE DO NOT USE OUR LIAISONS WHILE THEY'RE ON THE CLOCK TO DO SUCH WORK.

SO THAT'S. THAT'S WHAT'S ON THE TABLE.

JUST GET CONSENSUS THAT WE WOULD NOT DO THAT AGAIN.

THANK YOU. WHILE SOME PEOPLE ARE PONDERING, I CAN TELL I'M GOING TO SHARE MY COMMENTS.

WHILE I DO UNDERSTAND THAT WE.

HAVE FREEDOM OF SPEECH.

I WAS VERY CONCERNED ABOUT HAVING SOMEBODY COME UP BEFORE US AND IN ONE BREATH SAY A RESIDENT NEXT BREATH, IN THE BREATH OF BEING A RESIDENT, MAKING COMMENTS AS IF AS THE LIAISON AND MAKING COMMENTS, CLAIMING TO HAVE SPOKEN TO OTHER LIAISONS AS IF THAT PERSON HAD SPOKEN TO ALL OF OUR LIAISONS WHEN THAT WAS DEFINITELY NOT THE CASE.

I'VE HAD A LONG CONVERSATION WITH THE CITY ATTORNEY REGARDING SUNSHINE LAW.

AND WHILE THE.

IN. MY OPINION, I DO NOT FULLY AGREE WITH THE CITY ATTORNEY ON THIS ONE.

THE COMMENTS BROUGHT FORTH HERE AT THE COMMISSION AS IT WAS PUBLIC MAKES IT A PUBLIC CONDUIT. I STILL FEEL IT HAS A LOOK OF IMPROPRIETY.

I DO HAPPEN TO KNOW THAT MY.

LIAISONS WERE NOT IN COMMUNICATION WITH COMMISSIONER ALLEN'S VICE MAYOR ALLEN'S LIAISONS. I DON'T LIKE THAT OUT THERE WITH THE LOOK OF SAYING THAT LIAISONS HAVE DONE SOMETHING THAT THEY HAVE NOT DONE.

IT DOES NOT HAVE A FULL LEVEL OF TRUTHFULNESS, WHICH IS A CONCERN.

SO. I HAVE.

I AGREE WITH COMMISSIONER VILLALOBOS REGARDING THE CONCERNS OF HAVING A LIAISON STANDING UP AT THE PODIUM REGARDING ITEMS AND BEING PART UNLESS THEY ARE ACTUALLY OFFICIALLY PART OF A PRESENTATION.

THEN THEIR COMMENTS SHOULD ONLY BE FROM THEM AS AN ACTUAL.

RESIDENT OR WE DON'T REQUIRE IT ONLY BE A RESIDENT, BUT NOT ON THE CLOCK.

AND BEING SPECIFIC TO THEIR OWN PERSONAL OPINIONS ON ITEM AND BEING VERY, VERY CAREFUL ABOUT. REFERENCES TO OTHERS ON THE DAIS OR OTHER LIAISONS.

SO I'M NOT SURE IF WE NEED TO ASK THE CITY ATTORNEY.

AND I THINK MAYBE THIS IS WHERE WE CAN GO.

CITY ATTORNEY MAYBE YOU AND YOUR ALONG WITH THE HUMAN RESOURCES DIRECTOR CALHOUN CAN COME UP WITH A PROPER PROTOCOL FOR OUR LIAISONS.

I KNOW WE HAVE SOMETHING, BUT OBVIOUSLY IT APPEARS WE MIGHT HAVE TO EXPAND IT.

TO MAKE SURE IT'S UNDERSTOOD THAT THERE'S A FINE LINE OF DOING SOMETHING IMPROPER AND THE APPEARANCE OF IMPROPRIETY, WHICH THEN REFLECTS ON THIS COMMISSION.

AND REMIND OUR LIAISONS THAT WHILE THEY MAY.

ANSWER TO US INDIVIDUALLY AS THEIR SUPERVISORS.

THEY ARE STILL EMPLOYEES OF THE CITY AND THEY ARE SUBJECT TO ANY DISCIPLINARY ITEMS, AS ANY EMPLOYEE WOULD BE AS WELL.

SO, COMMISSIONER PLACKO YOUR.

THANK YOU, MR. CALHOUN. COULD I ASK YOU A COUPLE OF QUESTIONS, PLEASE? THANK YOU. YOU'RE WELCOME.

WHEN WE ENGAGE A COMMUNITY LIAISON, THEY GO THROUGH A TRAINING PROGRAM WITH YOUR OFFICE, DO THEY NOT? THAT IS CORRECT.

OC WHAT ARE THEY TOLD AS FAR AS TALKING TO OTHER LIAISONS? BECAUSE SUNSHINE COULD SO EASILY BE BROKEN EVEN BY ONE SAYING, MY COMMISSIONER IS SO ANNOYED WITH THIS PROGRAM, THAT COULD BE CONSTRUED SO THAT'S THE FIRST QUESTION.

AND WHAT ARE THEY TOLD ABOUT BEING PAID FOR SITTING IN AT A COMMISSION MEETING? SO FOR THE RECORD, LORENZO CALHOUN, DIRECTOR OF HUMAN RESOURCES.

TO YOUR FIRST QUESTION, DURING THE ORIENTATION WITH THE COMMUNITY ENGAGEMENT LIAISONS, THEY ARE DISCOURAGED FROM HAVING ANY DISCUSSIONS WITH OTHER COMMUNITY ENGAGEMENT LIAISONS REGARDING THE WORK THAT THEY ARE CONDUCTING ON BEHALF OF THEIR

[02:40:03]

AND IT IS STRONGLY RECOMMENDED THAT THEY DO NOT HAVE CONVERSATIONS WITH OTHER ELECTED OFFICIALS AS IT RELATES TO ITEMS THAT THEY ARE WORKING ON FOR THEIR ASSIGNED ELECTED OFFICIAL. I LITERALLY NARROW IT DOWN AND SAID, YOU CAN TALK ABOUT SPORTS, YOU CAN TALK ABOUT WARDROBES, YOU CAN TALK ABOUT THE WEATHER.

BUT I WOULD STAY AWAY FROM ANY ITEMS YOU ARE WORKING ON FOR YOUR ELECTED OFFICIAL THAT MAY COME BEFORE THIS COMMISSION.

TO YOUR SECOND QUESTION, WHICH WAS REMIND ME, SORRY, ARE THEY TOLD THEY CAN OR CANNOT BE PAID FOR SITTING IN ON COMMISSION MEETINGS AT THE INCEPTION OF OR THE CREATION OF THIS POSITION? WE HAD SEVERAL OR TWO COMMUNITY ENGAGEMENT LIAISONS WHO WERE RESIDENTS, I REMINDED THEM AT THAT TIME, AND I CONTINUE TO DO SO WITH NEWLY HIRED LIAISONS.

WHEN THEY ARE ATTENDING MEETINGS, THEY ARE ON THE CLOCK.

THERE'S NO OPTION TO TAKE YOUR HAT OFF AND BECOME A RESIDENT VERSUS BEING ON THE CLOCK, ESPECIALLY IF THEY ARE ASKED BY THEIR ELECTED OFFICIALS TO ATTEND THE MEETING.

THEY ARE WORKING AND BEING PAID.

OKAY, BUT LET'S QUALIFY THAT YOU SAID AS A RESIDENT.

WELL, THEY'RE ALL RESIDENTS NOW.

THEY'RE NOT. OC.

ALL RIGHT. COULD YOU REPEAT THAT FOR ME, THEN? WHAT YOU SAID ABOUT IF THEY ARE A IF THEY ARE A RESIDENT.

SO IF THEY ARE RESIDENTS, THERE'S NO WAY TO DECIPHER IF THEY ARE ATTENDING THE MEETING AS A RESIDENT, TAKING THEIR HAT OFF, IF THEY ARE TAKING NOTES, IF THEY ARE MENTALLY THINKING OF THINGS THAT BE WORKING ON FOR THE ELECTED OFFICIALS, THEY ARE WORKING THERE ON THE CLOCK. SO THERE IS NO CONCEIVABLE WAY TO TAKE OFF YOUR HAT AND SAY, TODAY I'M THE RESIDENT ATTENDING THE MEETING VERSUS UNLESS YOU ARE NOT ASSIGNING THEM WORK VERSUS YOU'VE ASKED THEM TO COME, YOU DIRECTED THEM TO COME.

THEY ARE AT THE MEETING AND THEY ARE WORKING.

SO IT'S IT'S A FINE LINE BETWEEN ATTENDING AS A RESIDENT VERSUS HERE AND MY OFFICIAL CAPACITY AS A COMMUNITY ENGAGEMENT LIAISON.

BUT EITHER WAY, THEY ARE GETTING PAID, THEN THEY SHOULD BE.

IF THEY ARE ATTENDING, THEY'RE WATCHING.

THEY SHOULD BE ON THE CLOCK.

INTERESTING ONE IN PARTICULAR WHO WORKS FOR YOU NO LONGER ATTENDS THE MEETINGS.

SHE WAS A FREQUENT PARTICIPANT OF WORKSHOPS AND OUR REGULAR COMMITTEE MEETING, OUR REGULAR COMMISSION MEETINGS SHE NO LONGER ATTENDS.

SHE MAY WANT TO TALK TO YOU.

OH. I WELCOME THE CONVERSATION.

ALL RIGHT. THANK YOU. YOU'RE WELCOME.

INTERESTING. COMMISSIONER BOLTON MR. CALHOUN YOU YOU MADE MENTION OF COMMISSIONER PLACKO AS COMMUNITY ENGAGEMENT LIAISONS, ATTENDING MEETINGS FREQUENTLY IN THE PAST.

DID SHE TURN IN TIMESHEETS FOR THOSE MEETINGS? TO MY KNOWLEDGE, PRIOR TO HER BEING HIRED, OBVIOUSLY SHE WOULD NOT HAVE HAD TO TURN THEM IN. BUT SHE WHEN SHE WAS HIRED, SHE STOPPED ATTENDING THOSE MEETINGS.

SO SHE DID NOT TURN IN TIMESHEETS.

SO SO THAT THAT'S NOT NECESSARILY TRUE.

ATTEND SEVERAL MEETINGS AND COMMISSIONER PLACKO CAN CORRECT ME IF I'M WRONG.

SHE'S ATTENDED SEVERAL MEETINGS WHILE SHE WAS A COMMUNITY ENGAGEMENT LIAISON.

SO YOU DON'T HAVE TIMESHEETS? I DON'T. I DON'T MONITOR YOUR TIME, COMMISSIONER.

SORRY. COMMISSIONER PARKER SAYS SHE HAS NEVER TURNED IN TIMESHEET FOR ATTENDING A COMMISSION MEETING.

HOWEVER, SHE HAS BEEN HERE WHILE SHE IS A COMMUNITY ENGAGEMENT LIAISON DURING MEETINGS.

SO THERE IS JUST A LITTLE BIT OF INCONSISTENCY WITH WITH THE PROCESS, RIGHT? SO MY COMMUNITY ENGAGEMENT LIAISONS, THEY DON'T ATTEND COMMISSION MEETINGS.

THEY ARE HARDLY IN THE OFFICE.

THEY THEY COMMENT ON SPECIAL PROJECTS.

THEY DON'T KNOW THE OTHER COMMUNITY ENGAGEMENT LIAISONS.

AS A MATTER OF FACT, ONE OF THEM HAD HAD BADGE ISSUES BECAUSE HE DID NOT COME INTO THE BUILDING FREQUENTLY.

I'M TOLD ONE OF THE MAYOR'S ENGAGEMENT LIAISONS HAD BAD BATCH ISSUES AS WELL BECAUSE SHE HARDLY COMES IN.

[02:45:02]

BUT WE DO NEED TO FIGURE OUT WHAT THE THE ISSUE IS WITH WITH COMING TO MEETINGS OR NOT AS AS RESIDENTS.

SO IF IF YOU WOULD INVESTIGATE THAT FOR US, FOR ME, PROVIDE IT TO THE REST OF THE COMMISSION IF IT'S THEIR PREROGATIVE TO HAVE HAVE THAT.

BUT I WOULD LIKE TO SEE TIMESHEETS FOR COMMISSIONER PLACKO AS COMMUNITY ENGAGEMENT LIAISON. AND TO THE EXTENT THAT THERE ISN'T, THEN I WOULD LIKE YOU TO LOOK INTO THE MEETINGS SHE HAS ATTENDED AND WHY SHE HAS NOT BEEN PAID.

BECAUSE IF SHE NEEDS TO BE PAID FOR THOSE MEETINGS UNDER LAW, SHE MUST BE CAN MAKE A POINT OF CLARIFICATION.

I THINK MY ITEMS BEING DILUTED WITH OTHER CONVERSATIONS.

IT'S DISCUSSION AND COMMUNITY ENGAGEMENT LIAISONS ROW AND LOBBYING FOR THEIR COMMISSIONERS AGENDA ITEMS WHILE BEING PAID.

BY THE CITY IS MY THING AND AGAIN IS TO GET CONSENSUS THAT THEY FORWARD.

NONE OF THEM WILL BE DOING THAT, THAT THAT'S MY ITEM THERE.

EVERYTHING ELSE IS TOTALLY IRRELEVANT AND I THINK WE WANT RELEVANCY HERE.

THANK YOU. SO WE WILL REFOCUS IT BACK.

THIS IS AN ITEM FOR GOING FORWARD AND THERE'S A REQUEST FOR SOME PROCEDURES IN PLACE REGARDING THAT.

VICE MAYOR, YOU HAD THE FLOOR FIRST FOR THE CITY ATTORNEY.

WAS THAT AN APPROPRIATE INTERRUPTION? BY COMMISSIONER VILLALOBOS I.

IT IS HIS AGENDA ITEM.

I DON'T THINK THAT NECESSARILY DISRUPTED THE CONVERSATION WAS TAKING PLACE.

WITH THAT SAID, COMMISSIONER BOLTON HAS THE THE RIGHT TO SPEAK, WHATEVER HE FEELS IS APPROPRIATE TO THIS ITEM FOR THE TIME FRAME THAT'S ALLOWED FOR UNDER YOUR RULES OF PROCEDURE. AND COMMISSIONER IF HE'S NOT ALREADY FINISHED, HE'S ALREADY FINISHED.

SO, COMMISSIONER, ANOTHER QUESTION.

SO I THINK THIS ITEM WAS ADDRESSED PARTIALLY AT THE LAST MEETING.

I BELIEVE MAYOR GOMEZ WENT TO YOU FOR CLARIFICATION AND YOU SAID PUBLICLY THAT THIS IS A PUBLIC MEETING AS A PUBLIC ITEM ON THE AGENDA.

ANYONE FROM THE PUBLIC, INCLUDING THE COMMUNITY ENGAGEMENT LIAISON, HAD THE ABILITY TO SPEAK ON ANY ITEM IN THE PUBLIC MEETING.

FLORIDA LAW GIVES ANYONE WHO IS PARTICIPATING OR PRESENT DURING A PUBLIC MEETING THE RIGHT TO SPEAK TO ANY ITEM ON THE AGENDA.

I BELIEVE THAT THE DISCUSSION OR THE OR THE ISSUE THAT COMMISSIONER VILLALOBOS HAS RAISED IS WHETHER OR NOT IF IF A COMMUNITY LIAISON ELECTS TO EXERCISE THAT RIGHT, THEN DO THEY TAKE OFF THE HAT OF COMMUNITY LIAISON AND WEAR THE HAT AS A RESIDENT? AND THEREFORE, FOR WHATEVER TIME PERIOD THAT THEY ARE PARTICIPATING IN THE PUBLIC MEETING AS A RESIDENT, THEY'RE NOT BEING COMPENSATED FOR THAT.

OR DO YOU ALL WANT TO JUST ADOPT A A PROCESS OR A PROCEDURE THAT YOU HAVE THE RIGHT TO DO SO WITH RESPECT TO YOUR COMMUNITY LIAISONS THAT THEY DO THEY DON'T ATTEND.

THEY CAN THEY CAN'T PARTICIPATE.

IT'S YOU KNOW, IT'S UP TO YOU.

I WOULD ALSO MENTION THAT IF IF ANYONE.

SEEKING TO PERSUADE THIS BODY ONE WAY OR THE OTHER WITH RESPECT TO AN ITEM THAT'S ON THE AGENDA FOR DISCUSSION AND ACTION UNDER OUR RULES, AND THAT ARE IMPOSED UPON US BY CHANGES APPROVED BY THE VOTERS AT THE COUNTY LEVEL, THAT INDIVIDUAL MAY HAVE TO REGISTER AS A LOBBYIST. OKAY.

SO FOR THE HR DIRECTOR, SO WOULD IT BE APPROPRIATE TO JUST GO BACK TO THE MOMENTS OF THE MEETING AND MEASURE THE TIME AND REMOVE THAT TIME, WHETHER IT'S 2 MINUTES OR 5 MINUTES? FROM THE PAYCHECK.

YOU KNOW, ANOTHER POINT OF CLARIFICATION, I WAS GOING TO DO A PRESENTATION REGARDING THIS AND PUT THE WHOLE THING IN PERSPECTIVE.

I WAS TRYING TO AVOID ALL OF THIS HERE.

[02:50:01]

CITY MANAGER SAYS WHAT HE SAID ABOUT BEING A RESIDENT.

THE PROBLEM IS THAT I QUESTIONED IT, THE MAYOR QUESTIONED IT, AND WE SPECIFICALLY ASKED THE CITY ATTORNEY AND THE LIAISON SPECIFICALLY SAID, I AM HERE AS A RESIDENT.

BUT AT THE SAME TIME, THE TIMESHEET SAYS OTHERWISE.

SO THAT IS REALLY THE UNDERLINING PROBLEM IS THEY SAID THAT THE THE SEAL SAID, I AM HERE AS A RESIDENT AND TO LIE BEFORE THIS COMMISSION IS VERY INAPPROPRIATE.

THAT IS MY PROBLEM.

SO I REALLY WOULD LIKE TO MOVE FORWARD.

SO GOING BACK TO MY QUESTION.

I REALLY WOULD LIKE TO MOVE FORWARD.

HE WAS HE WAS NOT RECOGNIZED.

RECOGNIZED. YOU HAVE NOT BEEN RECOGNIZED? I HAVE NOT BEEN RECOGNIZED.

I HAVE THE FLOOR. CITY ATTORNEY.

CAN YOU CAN YOU CLARIFY? NO. CITY ATTORNEY. YOU WILL NOT CLARIFY RIGHT NOW.

COMMISSIONER VILLALOBOS WILL FINISH HIS SENTENCE.

AND THEN BECAUSE HE ASKED FOR A POINT OF CLARIFICATION TO TAKE BACK THIS MATTER AS HE IS, THIS IS HIS PRESENTATION ON IT.

CITY ATTORNEY THOUGH I HAVE ACCESS TO THE CITY ATTORNEY BUT YOU DON'T HAVE THE FLOOR.

YOU HAVE NOT BEEN RECOGNIZED. THE CHAIR.

HELLO, BOSS. PLEASE PROCEED.

SO MY POINT IS THE ATTORNEY.

THE RULE IS THAT THE CHAIR RECOGNIZES THE SPEAKER.

AND AT THAT POINT IN TIME, WHOEVER THE CHAIR RECOGNIZES HAS THE FLOOR.

AND COMMISSIONER VILLALOBOS, HE DID NOT RECOGNIZE THE CHAIR WHEN HE MADE WHEN HE MADE HIS POINT. COMMISSIONER VILLALOBOS, PLEASE PROCEED.

SO, AGAIN, MY POINT IS, GOING FORWARD, NO LIAISON IS GOING TO COME TO THE PODIUM, LIE TO US ABOUT WHETHER THEY'RE ON THE CLOCK OR WHETHER THEY ARE A RESIDENT.

MOVING FORWARD, AS SIMPLE AS THAT.

I WAS TOLD I WAS.

I WAS. I WAS HIGHLY SUGGESTED TO AVOID ALL THIS DRAMA REGARDING THIS ITEM, PUTTING PEOPLE ON BLAST, REMOVING HOURS AND ALL SUCH THINGS.

THIS IS JUST CAN WE GET CONSENSUS TO MOVE FORWARD? THERE ARE LIAISONS WHERE IF THEY'RE ON THE CLOCK, THEY'RE ON THE CLOCK, BUT THEY'RE NOT GOING TO COME HERE AND START LOBBYING THE COMMISSION OR FOR THEIR OWN PERSONAL GAINS, OR IF THEY'RE HERE AS A RESIDENT.

THEY'RE HERE AS A RESIDENT, BUT NOT ON THE CLOCK.

BASIC. THAT'S JUST AS BASIC AS IT GETS.

THE ITEM IS NARROWLY TAILORED FOR ASKING FOR PROCEDURES TO BE PUT IN PLACE REGARDING OUR LIAISONS. WHEN THEY'RE ON THE CLOCK AND THEY'RE ON WHETHER OR NOT THEY ARE TO DO PRESENTATIONS OR SPEAK BEFORE US.

ANY ISSUES WITH H.R.

THAT MAY OR MAY NOT HAVE BEEN FROM LAST MEETING WHEN A PERSON ALSO STATED THAT HE WAS NO LONGER ON THE CLOCK, WAS HERE AS A LOBBYIST.

BUT IF THE RULES OF THE CITY STATE THAT THEY HAVE TO BE PAID BECAUSE THEY ARE HERE, THEN THE CITY STAFF WILL HAVE TO TAKE CARE OF THAT SEPARATELY.

SO MOVING THIS BACK ALONG.

IS THERE A CONSENSUS TO GET RULES PUT INTO PLACE THAT ADDRESS THIS ISSUE FROM OUR CITY STAFF TO BRING BACK TO US? YES. VICE MAYOR THIS IS AN ADMINISTRATIVE MATTER THAT SHOULD BE HANDLED BETWEEN THE CITY MANAGER AND THE HR DIRECTOR.

PASSING THE BUCK, YES OR NO? VICE MAYOR IS THERE CONSENSUS IN YOUR MIND TO HAVE POLICIES AND PROCEDURES PUT IN PLACE REGARDING LIAISONS SPEAKING AT.

I MEAN, MY COMMENT, WE ARE POLICY MAKERS AND THIS IS AN ADMINISTRATIVE FUNCTION THAT'S HANDLED BETWEEN THE CITY MANAGER AND THE HR DIRECTOR.

I WANT IT ON THE RECORD FROM HEREIN THAT ANY OTHER POLICY PROCEDURES AND ITEMS THAT HAVE TO GO DEALING WITH EMPLOYEES OF THE CITY DO NOT HEREBY COME BACK TO US BECAUSE YOU'VE HEARD IT. WE'RE ONLY POLICY MAKERS AND THAT IS YOUR RESPONSIBILITY.

I HAPPEN TO AGREE WITH THE VICE MAYOR.

MR. PLACKO? YES.

IT SHOULD BE DEALT WITH BY AIR.

COMMISSIONER BOLTON. I HAVE A QUESTION FOR THE ATTORNEY.

WE'RE IN THE MIDDLE OF CONSENSUS.

WE'RE GOING TO OFF WHEN AN ITEM COMES BEFORE THE CITY COMMISSION.

THE SPEAKER OR THE PRESENTER HAS TIME TO PRESENT, AND THEN THE CITY COMMISSION HAS 5 MINUTES AND THEN 2 MINUTES TO DISCUSS THE ITEM.

IS THAT HOW IT IS OR IT'S NOT? YES, SIR. SO TO SAY THAT I'M BRINGING FORTH AN ITEM AND ALL I WANT IS CONSENSUS AND AND NO DISCUSSION.

WOULD NOT NECESSARILY BE RIGHT.

I THINK IN IN SOMEWHAT RHETORICAL QUESTION, BUT I MY RESPONSE WOULD BE TO YOU,

[02:55:06]

AND BUT WOULD IT BE RIGHT NOW YOU ALL HAVE THE OPPORTUNITY IN ACCORDANCE WITH YOUR RULES OF PROCEDURE, TO SAY WHATEVER YOU WISH TO SAY THAT IS RELEVANT, THAT THAT'S THE SUBJECT MATTER OF THE, OF THE ITEM OF OF THE DISCUSSION FOR, AGAIN, THE INITIAL 5 MINUTES AND THEN SECOND ROUND, I THINK IT'S 2 MINUTES.

RIGHT. SO, SO TO BE CLEAR.

PRESENTER HAS TIME.

PRESENTER HAS PRESENTED.

COMMISSION MEMBER.

EACH OF US HAS 5 MINUTES.

THEN IF WE HAVE ADDITIONAL QUESTIONS, WE GO FOR ANOTHER 2 MINUTES.

THOSE ARE THE RULES, AS I'VE UNDERSTOOD.

AS I HAVE UNDERSTOOD IT.

IS THAT HOW YOU UNDERSTAND IT? THAT IS HOW I UNDERSTAND IT WITH THE THE THE MAYORS, THE CHAIR RECOGNIZE EACH OF YOU.

AND IN ACCORDANCE WITH THAT RULE, IN SEQUENTIAL ORDER, ONCE ALL HAVE SPOKEN, IF SOMEONE ELSE WISHES TO SPEAK TO YOUR POINT, THEY THEN HAVE ANOTHER TWO MINUTE PERIOD.

AND YOU KNOW, IT'S.

AT THE END OF THE PROCESS, WHOEVER IS BROUGHT THE ITEM FORWARD CAN AND PROPERLY SHOULD, FROM MY PERSPECTIVE, BE THE LAST PERSON TO SAY, WELL, THIS IS WHAT I THINK, AND THEN IT GETS PLACED TO A VOTE.

BUT IF I HAVE AN ITEM, I CAN'T JUST COME AND SAY, THIS IS MY ITEM.

I WANT CONSENSUS, NO DISCUSSION.

EVERYONE HAS THE RIGHT TO, TO, TO BE RECOGNIZED AND GIVEN THE OPPORTUNITY TO SPEAK ON ANY ITEM THAT'S BROUGHT FORWARD ON THE AGENDA IN ACCORDANCE WITH YOUR RULES.

AND MAY I REMIND YOU, THE RULES ALSO STATE THAT SHALL ADDRESS ONLY THE TOPIC BEING DISCUSSED. THAT'S.

I SAID THAT. YES, MA'AM.

OKAY. THANK YOU.

YOUR THOUGHTS ON WHETHER OR NOT YOU SUPPORT OR DO NOT OR DO NOT.

IN THE PAST WHEN AN EMPLOYEE OR AN ELECTED OFFICIAL SAYS, NO, NO, IT'S NOT IN THE PAST. WHEN AN EMPLOYEE OR AN ELECTED OFFICIAL.

HAS DONE SOMETHING ALLEGEDLY EGREGIOUS BEHIND CLOSED DOORS.

H.R. MANAGER.

CITY MANAGER.

AN ATTORNEY LAUNCHES AN INVESTIGATION.

IT DOESN'T COME TO THE CITY COMMISSION.

MY IDEA IS IF SOMEBODY HAS DONE SOMETHING WRONG, FOLLOW YOUR OWN RULES, DIRECTOR.

LAUNCH AN INVESTIGATION AND THEN HAVE AN ATTORNEY COME BACK WITH A REPORT TO BE USED POLITICALLY. HOW'S THAT? SO IT APPEARS THAT THE COMMISSIONER DOES NOT SUPPORT CONSENSUS OF ANY CHANGES TO THE RULES ANYWAY. THAT'S NOT WHAT I SAID.

WELL, MY COMMENT ON THE RECORD, THE WHETHER OR NOT YOU HAD CONSENSUS FOR CHANGING THE RULES, DON'T SUMMARIZE MY COMMENTS.

WELL, COMMISSIONER, MY COMMENTS.

COMMISSIONER, THERE'S NOTHING FURTHER.

THERE'S NO FURTHER DISCUSSION.

CITY STAFF. DO YOU HAVE WHAT YOU NEED? WHAT I HEARD IS THAT YOU WILL WE WILL THE CITY MANAGEMENT AND HR AND THE CITY ATTORNEY DEAL WITH THE COMMUNITY ENGAGEMENT LIAISONS ACCORDING TO HOW WE SEE FIT AS WELL AS OTHER CITY EMPLOYEES.

AND THAT WORKS FOR US.

WE CAN DO THAT. THANK YOU.

AND YOU WILL MODIFY RULES AND REGULATIONS ACCORDINGLY, AS IS WITHIN YOUR PREROGATIVE.

THANK YOU. I WAS GOING TO SAY WITHIN THE CONFINES OF OUR POLICY, YOUR DUTIES AND AND THE STATE LAW.

AND FEDERAL LAW TO APPLY.

SO JUST WANT TO MAKE SURE THAT OUR MOVEMENT FORWARD IS TO BE CONSISTENT WITH OUR EXISTING POLICIES. PROCEDURES CHANGE THEM IF THEY NEED TO BE CHANGED AND TO BE CONSISTENT WITH APPLICABLE STATE AND FEDERAL LAW TO THE EXTENT THAT IT APPLIES.

AND JUST TO FURTHER CLARIFY THAT, I DON'T BELIEVE WE CAN CALL OUR COMMUNITY ENGAGEMENT LIAISONS SEPARATE AND APART FROM THE REST OF THE CITY'S WORKFORCE.

IS THAT CORRECT? YEAH.

EVERYONE SHOULD BE TREATED EQUALLY WITH RESPECT TO THE RULE THAT THAT AND THE POLICIES THAT WE ADOPT.

THEY APPLY EQUALLY TO ALL EMPLOYEES.

SUBJECT TO, FOR THE RECORD OF, SAY, 72, WHATEVER.

THAT MAY ALSO BE THE SUBJECT OF A COLLECTIVE BARGAINING AGREEMENT, BECAUSE THAT ALSO SOMETIMES MODIFIES THOSE RULES AND REGULATIONS.

BUT AS IT RELATES TO THIS PARTICULAR ISSUE, RULES APPLY EVENLY TO EVERYONE.

[03:00:07]

LADIES AND GENTLEMEN, THE TIME IS NOW 1246.

THIS MEETING IS ADJOURNED.

SEE YOU AT OUR NEXT MEETING.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.