>> GOOD EVENING, LADIES AND GENTLEMEN AND WELCOME TO OUR COMMISSION MEETING. [CALL TO ORDER] [00:00:04] IT IS CURRENTLY 7:00 PM ON WEDNESDAY, SEPTEMBER 14TH AND IT'S GREAT TO SEE SO MANY PEOPLE HERE IN OUR AUDIENCE. CITY CLERK, WILL YOU PLEASE CALL THE ROLL? >> MAYOR, THANK YOU SO MUCH. MAYOR GOMEZ. >> GOOD EVENING. >> COMMISSIONER BOLTON. >> GOOD EVENING. >> VICE MAYOR GELIN. >> GOOD EVENING. >> COMMISSIONER VILLALOBOS. >> GOOD EVENING, EVERYONE. >> COMMISSIONER PLACKO. >> GOOD EVENING. >> THANK YOU. >> EXCELLENT. LADIES AND GENTLEMEN, IF YOU WOULD PLEASE STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE AND WE WILL TAKE A MOMENT OF SILENCE RIGHT AFTERWARDS. THANK YOU. >> THANK YOU. PLEASE BE SEATED. CITY ATTORNEY, YOUR REPORT? >> NOTHING, MADAM MAYOR, NOTHING SPECIAL. >> ALL RIGHT. THANK YOU. >> THANK YOU. >> CITY MANAGER, YOUR REPORT. [2. CITY MANAGER REPORT] >> THANK YOU, MAYOR. I'M PLEASED TO PRESENT TO YOU LUCDWIN LUCK. HE IS THE SOUTHEAST FLORIDA REGIONAL MANAGER WITH THE FLORIDA DEPARTMENT OF FINANCIAL SERVICES. HE ASKED TO COME HERE TODAY AND ADDRESS ALL OF YOU. >> THANK YOU, MAYOR AND THE COMMISSIONER, FOR HAVING ME ON THE AGENDA. I JUST WANTED TO ACTUALLY THANK VICE MAYOR GELIN FOR ALLOWING THE OPPORTUNITY FOR ME TO COME IN AND SPEAK. ONE OF THE THINGS I WANTED TO SAY IS THAT I'M THE REGIONAL MANAGER FOR THE FLORIDA DEPARTMENT OF FINANCIAL SERVICES. BASICALLY, MY ROLE IS TO ALSO ENGAGE THE COMMUNITY AND LET THEM KNOW ABOUT THE DEPARTMENT AND WHAT WE DO IN WHICH I'LL BE DISCUSSING. JUST CONSIDER ME AS A LIAISON AS FAR AS SOME OF THE SERVICES AND PROGRAMS THAT WE HAVE AVAILABLE FOR OUR DEPARTMENT. IN A NUTSHELL, THE ART DEPARTMENT OVERSEES THE INSURANCE INDUSTRY. YOU NAME ANY TYPE OF INSURANCE, WHETHER IT'S AUTO, HOME, LIFE, HEALTH, WE OVERSEE THOSE. I DO HAVE HERE, I JUST WANTED TO POINT THAT OUT THERE. IT'S NOT NECESSARILY PART OF MY PRESENTATION, BUT IF YOU GO TO MYFLORIDACFO.COM, YOU'LL SEE A LIST OF ALL THE SERVICES, DIVISIONS THAT IS PART OF OUR DEPARTMENT. NOW, I DID WANT TO ALSO NOTE AS A DISCLAIMER, A LOT OF PEOPLE ALWAYS ASK ME THE INSURANCE RATES. TECHNICALLY, THAT IS A DIFFERENT ENTITY SEPARATE FROM THE ART DEPARTMENT, WHICH IS THE OFFICE OF INSURANCE REGULATIONS. THEY REGULATE THE RATE OF THE INSURANCE INDUSTRY. NEVERTHELESS, I KNOW THAT THERE ARE, PARTICULARLY WHEN IT COMES TO PROPERTY INSURANCE, AND THAT'S SOMETHING THAT I'LL TALK MOST ABOUT AS FAR AS IN MY PRESENTATION BECAUSE I KNOW THAT'S AN ISSUE I COME ACROSS OFTEN WHEN I GO OUT THROUGHOUT MY REGION. IF INDIVIDUAL HOMEOWNER HAS A PARTICULAR ISSUE WITH IT BEING DROPPED OR THEIR RATES BEING INCREASED, WHATEVER THE CASE MAY BE, OBVIOUSLY, WE'RE HERE TO BASICALLY HELP YOU NAVIGATE THROUGH THOSE SITUATIONS. WE DO HAVE A HOT-LINE, THERE IS A CONTACT INFORMATION ON THERE. YOU CAN ALSO PUT IN YOUR CLAIM OR ISSUES WITH US VIA ONLINE AS WELL AS YOU CAN SEE ON THE SCREEN HERE. BUT I WILL SAY THIS, IT'S VERY IMPORTANT ALSO AS A LOT OF THE THINGS THAT I'VE JUST MENTIONED, [NOISE] IT'S PARTICULARLY REGARDING PROPERTY INSURANCE. WE ARE IN HURRICANE SEASON. [NOISE] KNOCK ON WOOD, GOD FORBID THAT WE HAVE A HORRIFIC HURRICANE SEASON LIKE WE DID A FEW YEARS AGO. BUT NEVERTHELESS, WE WANT TO MAKE SURE THAT YOU ARE PREPARED. THERE ARE PROGRAMS THAT IS AVAILABLE TO THE CITIZENS, PARTICULARLY HERE IN SOUTH FLORIDA, THAT IS AVAILABLE TO BASICALLY, ONE, TO HARDEN YOUR HOMES TO MAKE SURE IT'S PROTECTED. BUT ALSO AT THE SAME TIME, NOT MUCH, BUT IT WILL MAKE A IMPACT ON YOUR INSURANCE RATES TO REDUCE. THAT'S SOME THINGS THAT WE CAN HELP WITH THAT. BUT NEVERTHELESS, I JUST WANTED TO INTRODUCE MYSELF, EXPLAIN WHAT WE DO. THAT'S JUST BASICALLY EVERYTHING IN A NUTSHELL. BUT IF THERE'S EVER AN OPPORTUNITY TO DO A WORKSHOP OR ANYTHING LIKE THAT, PLEASE FEEL FREE TO REACH OUT TO ME. [00:05:03] I'D LOVE TO DO THAT. THANK YOU. >> THANK YOU SO VERY MUCH. ACTUALLY, AS YOU WERE SAYING, THAT WAS WHAT WAS IN MY HEAD AND I'M PRETTY SURE WE'LL FIGURE OUT SOMETHING THROUGH THE CITY TO SEE WHAT WE CAN DO TO HAVE A WORKSHOP WITH YOU. THAT'D BE GREAT. THANK YOU. CITY MANAGER, I GUESS THE NEXT PART IS MINE. >> I GOT THE SEMI-ANNUAL NEIGHBORHOOD BEAUTIFICATION AWARDS ARE HAPPENING NEXT. >> YES. EXCELLENT. THIS IS A WONDERFUL PART OF OUR EVENING. THE CITY OF TAMARAC TAKES GREAT PRIDE IN ENHANCING THE VISUAL IMAGE OF OUR NEIGHBORHOODS, IMPROVING LIVABILITY AND PROMOTING COMMUNITY SPIRIT. THIS EVENING, THE MAYOR AND COMMISSION PROUDLY PRESENT TO YOU OUR 2022 FIRST SEMI-ANNUAL NEIGHBORHOOD BEAUTIFICATION RECOGNITION AWARDS. THESE AWARDS ARE GIVEN TO RESIDENTIAL AND COMMERCIAL PROPERTIES THAT DISPLAY ARCHITECTURAL APPEAL, OUTSTANDING LANDSCAPE MAINTENANCE, AND SUSTAINABLE DESIGNS. IN RECOGNITION OF YOUR PROPERTIES' CONTRIBUTION TO THE VISUAL BEAUTY AND VIBRANCY OF THE CITY OF TAMARAC, IT IS WITH GREAT PLEASURE THAT I ANNOUNCE THE FIRST SEMI-ANNUAL 2022 AWARD WINNERS. CITYWIDE, ACTUALLY, IF YOU'RE COMFORTABLE, WE'RE GOING TO COME DOWN TO THE FRONT AND TAKE PHOTOS. CITYWIDE COMMERCIAL PROPERTY IS HRI TAMARAC LLC, WHOSE BUSINESS NAME IS HARBORCHASE OF TAMARAC. PROPERTY IS LOCATED AT 6855 NORTH WEST 70TH AVENUE AND TAMIKA ONASALAN, HOPEFULLY I DIDN'T DESTROY YOUR NAME, INTERIM EXECUTIVE DIRECTOR IS ACCEPTING ON BEHALF OF THE PROPERTY OWNER, ARE YOU COMFORTABLE WITH THE PHOTO? [BACKGROUND] EXCELLENT. [NOISE] [BACKGROUND] >> COMMISSIONER, IF YOU'RE COMFORTABLE. [BACKGROUND] >> SAME THING. >> OKAY. [LAUGHTER] SHE SHIED AWAY FROM THE MIC. >> THE COMMISSION IS ALWAYS WELCOME. [NOISE] [BACKGROUND] [APPLAUSE] >> SINCE WE'VE BEEN DOING THEM ON AND OFF AND WE HAD COVID WHICH STOPPED PEOPLE FROM TAKING PHOTOS IN GENERAL, I THINK WE'RE STILL A LITTLE BIT OFF PROCESS. FOR DISTRICT 1, JANCY MEREDITH WHOSE PROPERTY IS LOCATED AT 2609 NORTHWEST 75TH STREET IN TAMARAC, SHE UNFORTUNATELY COULD NOT ATTEND, BUT YOU SEE HER BEAUTIFUL HOME. NOW WE'RE GOING TO DISTRICT 2, MY NEIGHBORS, JAMES LEE MCDANIEL AND WALTER H. SHAWAKER, PROPERTY LOCATED AT 6203 ROYAL POINTS ANILINE, [BACKGROUND] ISN'T IT? [BACKGROUND] [LAUGHTER] YES, IT IS. WOULD YOU LIKE TO TAKE YOURS? >> ALL I WANT TO SAY IS THANK YOU. WE LOVE LIVING IN TAMARAC AND I LOVE OUR MAYOR. [LAUGHTER] ALBUM YOU TOO [LAUGHTER]. >> PUT YOUR ARM AT THEM [NOISE] [BACKGROUND] >> THANK YOU. [APPLAUSE] DISTRICT 3, EDWARD AND SANDRA HERNANDEZ, WHOSE PROPERTY IS LOCATED AT 7148 NORTHWEST 100TH TERRACE TAMARAC. THERE YOU ARE. [BACKGROUND] [APPLAUSE] YES, OF COURSE, LAST BUT DEFINITELY NOT LEAST, DISTRICT 4 ROSS DERBY AND LUIS SORRY, MASON, WHOSE PROPERTY IS LOCATED AT 8721 NORTHWEST 83RD STREET IN TAMARAC. [00:10:03] CONGRATULATIONS ON YOUR BEAUTIFUL HOME. [APPLAUSE] >> THAT'S MY FITNESS PROGRAM. >> DIVISION OF LABOR, BOTH TALL, BUT I DO BELIEVE I DO THE TRUNK. [NOISE] [BACKGROUND]. >> WELL, [BACKGROUND] EXCEPT FOR THE SWEAT EQUITY. [LAUGHTER] [APPLAUSE] [BACKGROUND] >> THANK YOU. CONGRATULATION TO ALL OF YOU FOR HAVING THE MOST ATTRACTIVE AND WELL-KNOWN PROPERTIES IN THE CITY HOMEWORK. THANK YOU FOR BEING A PART OF OUR CITY IN PLAYING YOUR PART. THANK YOU VERY MUCH. [APPLAUSE]. >> THANK YOU VERY MUCH. WE WILL CONTINUE WITH THE CITY MANAGERS REPORT. CITY MANAGER? >> THANK YOU, MAYOR. THE NEXT ITEM IS AT THE REQUEST OF THE COMMISSION. IT WAS FROM THE RSM STATEMENT OF WORK, COLONY WEST PROJECT, INTERNAL AUDIT, AND CONTRACT COMPLIANCE. AT THE JULY 13TH MEETING, THE COMMISSION HAD AN EXTENDED DISCUSSION ABOUT A FORENSIC AUDIT SPECIFICALLY OF THE COLONY WEST PROJECT. AS DIRECTED, STAFF MET WITH RSM TO SPEAK TO THEM ABOUT THE POSSIBILITY OF THEM COMPLETING THE WORK THAT WAS REQUESTED. WHAT YOU HAVE IS THE DRAFT PROPOSAL THAT WAS PROVIDED TO US FROM THEM. BASICALLY, TO SUMMARIZE, THEY ARE ABLE TO PROVIDE AN INTERNAL AUDIT WHICH IS DISTINCTIVE FROM A FORENSIC AUDIT, AND THEY INCLUDED IN THE FRONT THAT AS THE CITY'S TRUSTED AND LONGSTANDING FINANCIAL STATEMENT, AUDITOR, RSM IS REQUIRED TO MAINTAIN INDEPENDENCE AT ALL TIMES. IN FACT, AN APPEARANCE. AS AN INDEPENDENT AUDITOR, RSM IS PROHIBITED FROM TESTIFYING OR SERVING IN AN ADVOCACY ROLE FOR OUR CLIENTS AND ACTIVE LITIGATION. THE SCOPE OF THE WORK OUTLINED BELOW IS DESIGNED TO HELP THE CITY MOVE FORWARD IN OBTAINING AND ANALYZING READILY AVAILABLE INFORMATION, BUT DOES NOT CONSTITUTE A FULL FORENSIC AUDIT, AS WE WOULD NOT BE ABLE TO TESTIFY ON THE CITY'S BEHALF IN ANY LITIGATION THAT WERE TO RESULT FROM OR BE SUPPORTED BY THE RESULTS OF AN AUDIT. I WANTED TO PRESENT TO YOU WHAT IT WAS THAT THEY TOLD US THEY COULD DO, WHICH IS NOT EXACTLY WHAT IT IS THAT YOU ASKED FOR. THIS IS WHAT WAS PROVIDED. THERE'S A THREE-STEP PROCESS THAT THEY ARE PROPOSING, WHICH BEGINS WITH AN INTERNAL AUDIT, WHICH IS THE FIRST PHASE. THEN THEY GO TO CONTRACT COMPLIANCE AND DISCOVERY, WHICH WOULD REQUIRE THE COOPERATION OF THE VENDORS. IF THEY GOT THAT COOPERATION, THEY COULD GO ON TO SUBSTANTIVE TESTING. BUT THAT PHASE 3 WOULD NOT BE ABLE TO BE COMPLETED WITHOUT THE COOPERATION IN PHASE 2. THEY ALSO BROKE IT OUT THE PRICING. THEY ESTIMATE THAT THE FIRST PHASE WOULD COST ABOUT [NOISE] 33,750. THE SECOND PHASE WOULD BE 16,875, AND THE THIRD PHASE WOULD BE 45,000. THE PRICE THAT THEY QUOTED WOULD BE ABOUT 95,000 IF THEY DID EVERYTHING THE WAY THEY ESTIMATE IT. BUT GIVEN THE FACT THAT YOU SPECIFICALLY REQUESTED A FORENSIC AUDIT, THIS IS NOT SOMETHING THAT THEY CAN COMPLETE. IT'S HERE BEFORE YOU FOR DISCUSSION. I DON'T KNOW IF THE CITY ATTORNEY HAS ANYTHING TO WEIGH IN ON. >> YEAH, WE HAD SOME ACTUALLY VERY PRODUCTIVE AND LENGTHY CONVERSATIONS WITH RSM AND THE INDIVIDUAL WHO OR THE DEPARTMENT THAT WOULD BE PRIMARILY RESPONSIBLE FOR CONDUCTING THE AUDIT AND GIVING US THE RESULTS. IT WAS TOWARD THE END OF THAT FIRST CONVERSATION WITH THEM [00:15:02] AND THEN REITERATED TO US AND THE SECOND CONVERSATION OR MEETING THAT WE HAD WITH RSM THAT THEY WOULD NOT BE ABLE TO PROVIDE WHAT THIS CITY COMMISSION CONSIDERS TO BE IN AS DISCUSSED THE FORENSIC AUDIT. THAT WOULD LEAD TO A SPECIFIC RECOMMENDATION THAT THEN THIS COMMISSION COULD TAKE ACTION DIRECT STAFF INCLUDING THE CITY ATTORNEY'S OFFICE, TO ENGAGE IN ATTEMPT TO POTENTIALLY CLAW BACK SOME OF THOSE FUNDS OR WHATEVER WHICH THEN WOULD LIKELY RESULT OR MEAN LITIGATION. THE FACT THAT THEY'VE INDICATED TO US THAT THEY CAN'T SERVE AS EXPERT WITNESSES WITHOUT COMPROMISING OR JEOPARDIZING THEIR STATUS. AS OUR INDEPENDENT AUDITOR, PUTS US IN A POSITION THAT WHATEVER THE RESULTS THEY MAY THEN PROVIDE TO US, THAT WE WOULD THEN HAVE TO ENGAGE ANOTHER COMPANY TO PUSH IT OVER THE FINISH LINE TO PUT IT IN A POSITION OF WHERE THEY'RE MAKING A SPECIFIC RECOMMENDATION THAT THERE HAS OR HASN'T BEEN POTENTIAL WRONGDOING AND WHAT ARE THE POTENTIAL ALTERNATIVES THAT THIS COMMISSION CAN THEN PURSUE AND THEN DIRECT US TO TAKE ACTION ON. WHILE THE MEETINGS WERE VERY PRODUCTIVE, AS I SAID AND VERY INFORMATIONAL. IN MY OPINION, IT STOPS SHORT OF WHAT YOU ALL HAVE ASKED FOR AND WOULD PUT ME AND OR ANYONE ELSE WHO THE CITY ASKED TO PURSUE POTENTIAL CAUSE OF ACTION AGAINST IN A POSITION OF NOT BEING ABLE TO USE THOSE INDIVIDUALS AS YOUR PRIMARY WITNESSES, WHICH IS REALLY WHAT WE WOULD NEED IN ORDER TO BE ABLE TO PREVAIL IN ANY SUCH LITIGATION. >> THANK YOU. TRADITIONALLY AT THIS POINT, IT'S NOT A DISCUSSION, BUT I KNOW THIS WAS SOMETHING THAT WE'D ASKED, HEAR ME OUT BEFORE PEOPLE START MAKING GESTURES, THAT WE HAD ASKED FOR INFORMATION BACK. THEREFORE, AT THIS POINT IN TIME, THERE NEEDS TO BE SOME DISCUSSION ON WHAT HAS BEEN PROVIDED TO US. THAT BEING SAID, I SEE THE VICE MAYOR'S LIGHT IS LIT. >> THE COMMISSION VOTED 41, WITH ONLY THE MAYOR VOTING NO, TO CONDUCT A FORENSIC AUDIT TO UNCOVER ANY POTENTIAL FINANCIAL CRIMES THAT WERE COMMITTED BY THE INDICTED AND ARRESTED FORMER CITY MANAGER, MICHAEL CERNECH. WHAT'S PRESENTED TO US IS NOT A FORENSIC AUDIT, SO SHOULD NOT HAVE EVEN BEEN PRESENTED TO US. WELL, WE ALREADY HAVE CONSENSUS TO HAVE A FORENSIC AUDIT DONE. THE NEXT STEP IS IF RSM CAN'T DO IT, WE FIND A COMPANY THAT CAN DO IT. THE NEXT STEP IS TO ISSUE AN RFP TO CONDUCT A FORENSIC AUDIT, AND THEN WE HAVE A VOTE ON THAT. THIS IS NOT A FORENSIC AUDIT, SO IT SHOULD NOT HAVE EVEN BEEN BROUGHT UP TO US. THEY CAN'T DO IT. THERE'S NO REASON TO EVEN HAVE A DISCUSSION ON THIS. >> DON'T NECESSARILY DISAGREE WITH WHAT WE WERE TOLD. RSM SAID AT THE END OF THE LAST MEETING OR THE MEETING WHERE THEY APPEARED THAT THEY FELT THAT THEY WOULD BE ABLE TO PROVIDE THE SERVICES THAT WERE DISCUSSED. OBVIOUSLY NOT THE CASE. AS WE NOW SIT HERE ALTOGETHER. WE CAN PUT AN RFP. WE CAN UNDER MY READING OF THE CODE FOR THESE TYPES OF SERVICES, WE COULD SOLICIT LETTERS OF INTEREST OR WE COULD GO OUT AND DO OUR OWN SEARCH AND BRING BACK SEVERAL NAMES FOR YOU ALL AND POTENTIALLY PROPOSALS FOR YOU ALL TO SELECT. BECAUSE IT IS A PROFESSIONAL SERVICE. IT'S VERY SPECIFIC THAT WE'RE LOOKING FOR. THERE ARE OTHER ALTERNATIVES. MY UNDERSTANDING OF STATE LAWS THAT WE COULD ASK THE STATE AUDITOR TO DO THAT ANALYSIS. WE WOULD HAVE TO PAY THE STATE AUDITOR. BUT AGAIN, THAT'S A FUNCTION THAT'S PROVIDED THAT'S OUT THERE. I'M CONCERNED POTENTIALLY ABOUT THE STATE AUDITOR, ABOUT TIMING BECAUSE THE CLOCK IS TICKING IN OUR ABILITY TO PURSUE ANYONE DEPENDING UPON WHAT THE RESULTS OF THAT AUDIT MAY BE. ALTHOUGH THERE'S A TOLLING ISSUE, BUT I DON'T WANT TO PUT OURSELVES IN THAT POSITION. THEN WE COULD ASK THE INSPECTOR GENERAL. [00:20:02] >> WHAT DO YOU MEAN WHEN YOU SAY TIMING? >> TIMING, OBVIOUSLY THE ABILITY OF ANYONE TO BRING A LAWSUIT AGAINST ANOTHER INDIVIDUAL AND ENTER YOURS IS GOVERNED BY THE STATUTE LIMITATIONS. THE GENERAL STATUTE LIMITATIONS IN FLORIDA ON THESE TYPES OF ACTIONS IS FOUR YEARS FROM WHEN THE CAUSE OF ACTION ARISES. AGAIN, THAT'S WHAT I SAID ABOUT THE TOLLING. IT'S SOMETIMES ISSUES OF DISPUTE AS TO WHEN THE CAUSE OF ACTION ACCRUED. BOTTOM LINE IS, IN ORDER TO FULFILL THIS COMMISSION IS DIRECTED THAT WE'VE ALREADY RECEIVED. I WOULD SUGGEST THAT TIME IS OF THE ESSENCE AND WILL ACT ACCORDINGLY UNLESS TOLD DIFFERENTLY. >> THE BEST WAY TO DO IT IN TERMS OF BEING EXPEDITIOUS WOULD BE TO ISSUE LETTERS OF INTEREST. >> MAKE CONTACT. THERE'S OBVIOUSLY A FINITE NUMBER OF INSTITUTIONS OR COMPANIES THAT DO THIS WORK AT THIS LEVEL. WE, MY FIRM, WE HAVE OPPORTUNITIES TO HAVE COME IN CONTACT WITH SOME OF THOSE ENTITIES IN THE PAST BY VIRTUE OF OTHER TYPES OF LITIGATION THAT WE'VE DONE. I ASKED A PARTICULAR PARTNER OF MINE WHO DOES THAT TYPE OF LITIGATION AND HE GAVE ME THE NAME OF A COUPLE, WE CAN PURSUE THOSE AND BRING THEM TO YOU. OR WE CAN ISSUE A VERY SHORT BRIEF REQUEST FOR LOI AND PUBLISH IT. IT JUST MEANS THAT WE THEN HAVE TO GO THROUGH HOWEVER MANY PROPOSALS WE RECEIVE TO EVALUATE THEM AND THEN BRING THEM TO YOU FOR SELECTION. THERE'S DIFFERENT WAYS TO SKIN THE CAT. >> OKAY, THANK YOU. >> PLEASE DON'T SKIN THAT CAT. CAT DIDN'T DO ANYTHING TO YOU. >> [BACKGROUND] >> YOU KNOW HOW I FEEL ABOUT PETS. CITY ATTORNEY, SINCE YOU HAVE JUST GONE ON AND ON ABOUT CERTAIN THINGS, I'M GOING TO ASK YOU A WHOLE BUNCH OF QUESTIONS. THE REALITY IS A FORENSIC AUDIT IS SOMETHING THAT IS TIED TO A LAWSUIT. IN ORDER, ARE YOU SAYING THAT THE CITY OF TAMARAC, OR WE AS A COMMISSION SAYING THE CITY OF TAMARAC, IS SAYING THAT THE CITY OF TAMARAC HAS DONE SOMETHING WRONG WITH ALL OF ITS FINANCES BECAUSE OUR AUDITORS HAVE SAID WE HAVE NOT. IN ORDER TO GET INTO MR. CERNECH'S ACCOUNTS, A LAWSUIT HAS TO BE BROUGHT AGAINST HIM WITH PROBABLE CAUSE. I DON'T BELIEVE THE CITY OF TAMARAC WOULD HAVE STANDING BECAUSE THE CITY OF TAMARAC WOULD BE THE ONES WHO PAID FOR ANY INVOICES THAT WOULD HAVE BEEN PROCESSED FOR HIM. [BACKGROUND] AS SUCH, ANYTHING THAT WOULD BE A QUESTION OF ANYTHING DONE IMPROPERLY, WE WILL BE DOING A FORENSIC AUDIT ON OUR OWN ACCOUNTING, AND OUR OWN ACCOUNTANTS HAVE NOT SHOWN THAT THERE'LL BE ANY PROBABLE CAUSE THAT WE HAVE ANY ISSUES. IF THERE'S A FORENSIC ACCOUNTING TO BE DONE ON A PERSON WHO'S NO LONGER IN SERVICE AT THIS CITY TO ACCESS THAT PERSON'S PERSONAL ACCOUNTING, THAT HAS TO GO THROUGH LAWSUITS. THAT WOULD BE PROBABLY HANDLED BETTER BY THE STATE ATTORNEY'S OFFICE, WOULD IT NOT? >> TO SOME DEGREE, THE ANSWER TO YOUR QUESTION IS A, YES. IT'S QUALIFIED IN THE SENSE THAT UNDER THE EXISTING AGREEMENTS THAT THE CITY ENTERED INTO WITH THE ORIGINAL DEVELOPER THAT WE PARTNERED WITH FOR THE PROJECT, WE ARE ENTITLED TO AUDIT THEIR INFORMATION. THERE'S PARTICULAR CLAUSES IN THAT AGREEMENT, IN THAT CONTRACT, AND STATE LAW PROVISIONS THAT GIVE US THE RIGHT TO LOOK AT THOSE RECORDS AND THEIR BOOKS AS IT RELATES TO THE PROJECT, AND TO SOME DEGREE NOW WHETHER OR NOT THEY'RE GOING TO DO THAT VOLUNTARILY. I CAN'T ANSWER THAT QUESTION. BUT CERTAINLY, I BELIEVE THAT AT A BARE MINIMUM, WHATEVER WE DECIDE TO DO HAS TO BE BASED UPON THAT INITIAL ANALYSIS, AND THE ABILITY OF WHOEVER DOES THAT ANALYSIS TO THEN BE ABLE TO TESTIFY IN COURT ON OUR BEHALF, IF THAT IS THE DIRECTION OF THIS COMMISSION, AND POINT BEING IS THIS WOULD BE TAKEN IN STEPS. THE ANALYSIS WOULD BE DONE FIRST BY WHOEVER GETS ENGAGED BY THE CITY TO DO THE ANALYSIS, AND TO THE POINT THAT THEY'LL BE LOOKING AT OUR OWN INTERNAL RECORDS TO SOME DEGREE, YES, OF COURSE. >> BUT IN ORDER TO BE ABLE TO FIND THAT EVIDENCE INTO BRINGING INTO THAT FURTHER STEP TO GET INTO SOMEBODY ELSE'S ACCOUNTS OUTSIDE THE CITY, FORENSIC EVIDENCE WOULD HAVE TO BE FOUND IN OUR BOOKS SHOWING THAT WE'VE DONE [00:25:01] SOMETHING WRONG TO GIVE THERE TO BE ANY REASONABLE CAUSE OF ACTION, TO OPEN UP A LAWSUIT, TO BE ABLE TO GET A COURT ORDER IN ORDER TO DO A FOR FORENSIC ACCOUNTING OF SOME OTHER THIRD PARTY. NOW, I UNDERSTAND WHAT YOU SAID THAT OUR [NOISE] PARTNERS IN THE PROJECT, WHETHER WE ARE TALKING ABOUT THE PROJECT OR THERE WAS TWO THINGS SAID. ONE, ABOUT AN ALLEGED PERSON WHO IS AND ISN'T SO PROVEN GUILTY, AND THEN A PROJECT THAT THE CITY HAS ALREADY GONE FORTH AND DONE THROUGH WHAT WE HAVE SHOWN HAS BEEN A PROPER PROCESS. THERE WOULD NEED TO BE SOME [NOISE] RATIONAL NEXUS TO BE ABLE TO SAY THAT THERE'S CAUSE OF ACTION TO GO FORWARD WITH SUCH AN EXPENSIVE EVIDENTIARY FINDING IN A LAWSUIT TO BE ABLE TO GET INTO SOMEBODY ELSE'S BOOKS. [NOISE] >> [OVERLAPPING] THAT WOULD BE, AGAIN, AT THE DISCRETION DIRECTION OF THE COMMISSION. WHAT I'M SAYING IS THAT WE HAVE THE ABILITY PURSUANT TO THE CONTRACT, TO ASK THE PARTNER, OR THE DEVELOPER WHO WAS ORIGINALLY THE P3, THE [NOISE] PRIVATE-PUBLIC PARTNERSHIP AGREEMENT TO DEVELOP THE HOTEL AND REBUILD THE CLUBHOUSE AND CART STORAGE AND THOSE FACILITIES. WE DO HAVE THE RIGHT UNDER THAT AGREEMENT TO LOOK AT THEIR BOOKS THERE. NOW, WHETHER OR NOT THEY DO THAT VOLUNTARILY, I DON T KNOW, AS I SAID BEFORE. IT MAY REQUIRE US TO BRING A CAUSE OF ACTION UNDER THE CONTRACT TO ASK FOR THOSE RECORDS TO SEE IF THERE'S ANYTHING THERE. [OVERLAPPING] AT SOME POINT IN TIME THE CONCEPT, OR THE IDEA HERE IS TO BRING FORWARD A REPORT WITH SUFFICIENT DETAIL AND ANALYSIS TO ALLOW THIS COMMISSION TO REVIEW IT AND THEN DIRECT US TO TAKE ANY FURTHER ACTION AT THAT POINT IN TIME. THAT'S A COLLABORATIVE PROCESS, IF THERE ISN'T ANY ANYTHING IN THAT REPORT THAT WOULD SUBSTANTIATE OR VALIDATE THAT WE WOULD BE FILING IN AN INAPPROPRIATE LAWSUIT TO CLAW BACK ANY FUNDS, WE DID INFORM YOU AND ADVISE YOU OF THAT IN CONJUNCTION WITH WHOEVER PREPARES THE AUDIT. >> IF I UNDERSTAND [NOISE] WHERE YOU'VE GONE UP AND DOWN ON THERE, YOU'RE SAYING THAT WE GO TO OUR PARTNER WHO WE'VE BEEN AUDITED TWICE. WE'VE HAD A DEBT AUDIT ON THE COLONY WEST. THERE'S BEEN NO ISSUES, WE'VE PAID THE INVOICES THAT WERE ALREADY OUTLINED PRIOR TO THE SPENDING, AND WE THEN PAID IT, AND THEN WE'VE RESEARCHED IT, AND WE'VE AUDITED ONCE, WE'VE AUDITED TWICE. NOW, WE'RE GOING TO GO BACK TO THIS PARTNER AND SAY, WE'RE NOT SURE IF POSSIBLY THAT YOU MIGHT'VE DONE SOMETHING WRONG, SO WE'RE GOING TO ASK YOU TO OPEN YOUR BOOKS ON NO BASIS PER SE, OTHER THAN WE WANT TO ASK YOU PER THE CONTRACT, I'M PRESUMING THE CONTRACT SHOULD HAVE SOME LANGUAGE IN THERE, SAYS THAT WE'D HAVE REASONABLE CAUSE. WE'RE GOING TO ASK YOU TO OPEN YOUR BOOK [OVERLAPPING] AND WITH NO REASON FOR IT AFTER THESE THINGS HAVE BEEN PAID. THIS IS WHAT WE'RE GOING TO SAY TO SOMEBODY WE'VE DONE BUSINESS WITH. WE'RE GOING TO COME UP ON YOUR BOOKS AND EVEN IF YOU DON'T SHOW IT TO US, WE'RE GOING TO START A LAWSUIT AND THEN THE JUDGE IS GOING TO SAY, "WHERE'S YOUR PROBABLE CAUSE?" BUT ANYWAY, I'LL CHANGE TO ANOTHER THING BECAUSE THIS IS A DEAD HORSE. AGAIN, SORRY FOR THE ANIMALS. HOW MUCH WOULD IT CAUSE US TO GO TO PUT OUT AN RFP FOR THIS INQUIRY TO TRY TO GET A LAWSUIT AGAINST EITHER THE COLONY WEST PROJECT, OR AS THE STATE ATTORNEY'S OFFICE? WELL, I'M PRETTY SURE HAS LISTENED TO OUR MEETINGS AND DONE THEIR OWN FINANCIAL, IF THEY'VE HAD ANY CONCERNS, I'M SURE THEY WILL DO THEIR OWN FINANCIAL ACCOUNTING INTO THE PROCESS AND INTO THE CITY IF WE'VE DONE ANYTHING WRONG. HOW MUCH IS IT GOING TO COST US? HOW MUCH ENTIRELY? >> I PERSONALLY DON'T KNOW. >> [OVERLAPPING] THIS FOR THE CITY MANAGER. >> THE COST OF PUTTING TOGETHER THAT WOULD PERMIT QUESTION. >> THAT'S A CITY MANAGER QUESTION. APPROXIMATELY, HOW MUCH TIME AND HOW LONG DOES IT TAKE FOR OUR PROCUREMENT PROCESS TO DO OR WHAT, JOHN? >> WELL, I DON'T KNOW THE COST OR THE TIME, BUT I'D ALSO NEED TO GET CLARITY, AND I THINK MAYBE THIS IS WHAT JOHN IS ALLUDING TO YOU ON EXACTLY WHAT WE'RE DOING AN RFP FOR. I DON'T KNOW THAT WE HAVE THE REACH, OR THE CAPABILITY OF DOING A RFP TO DO A FORENSIC AUDIT ON MIKE CERNECH. [00:30:05] I THINK WHAT I HEARD JOHN SAY WAS, THE FIRST STEP WOULD BE AN RFP TO DO A FORENSIC AUDIT OF THE COLONY WEST PROJECT. IF WE EVEN HAVE THE CAPABILITY TO DO ANYTHING FORENSIC BECAUSE WE DON'T HAVE CRIMINAL AUTHORITY. IF THAT'S THE PRECURSOR TO SOMETHING ELSE, JOHN, I'M TRYING TO UNDERSTAND BECAUSE IF I WERE TO TAKE DIRECTION AND DIRECT STAFF TO COME UP WITH A SCOPE, WE'D BE CHALLENGED TO DO ANYTHING. THE REASON THAT WHAT'S BEFORE YOU IS BEFORE YOU IS BECAUSE COLONY WEST IS OUR PROJECT, AND THAT'S WHAT THE DIRECTION WAS RELATED TO THE COLONY WEST PROJECT AND MICHAEL CERNECH, AND THAT'S WHY WE BROUGHT BACK WHAT WE BROUGHT BACK. >> YOU TRY, YOU'RE GOING TO RESPOND? >> MY UNDERSTANDING OF WHAT WE'VE BEEN ASKED TO DO BY A MAJORITY OF THE COMMISSION IS TO SECURE AN AUDITING FIRM TO DO WHATEVER YOU WANT TO CALL IT, FORENSIC AUDIT, IN-DEPTH ANALYSIS, WHATEVER ADJECTIVE YOU WANT TO DO TO DETERMINE AND REVIEW WHATEVER IS AVAILABLE AND WHATEVER WE CAN GET ACCESS TO POTENTIALLY THROUGH LITIGATION IF THAT BECOMES NECESSARY OR NOT. TO COME BACK TO THIS BODY TO SAY WITH SOME LEVEL OF CERTAINTY, NOTHING WAS EN TOURED HAS TAKEN PLACE HERE. OR HEY, OUR REVIEW AND IN OUR ANALYSIS INDICATES THAT THERE WAS SOME LEVEL OF WRONGDOING THAT MAY RISE TO OR GIVE RISE TO THE CITY CONSIDERING AN AUTHORIZING ACTION TO CLAW BACK SOME FUNDS FROM WHOMEVER THAT REPORT IDENTIFIES OR NOT. NOTHING MORE NOTHING LESS. I'M NOT PREJUDGING, I'M NOT IN ANY WAY, SHAPE, OR FORM SAYING THAT THIS RESULT WILL COME ABOUT AS FROM THIS AUDIT OR NOT. ALL WE'RE SIMPLY TRYING TO DO IS FOLLOW THROUGH ON THE DIRECTION THAT WE WERE PROVIDED. TO THE EXTENT THAT RSM, WHO INITIALLY INDICATED TO US AND TO YOU ALL THAT THEY WOULD BE ABLE TO DO THIS WORK HAVE SAID NOW THAT, NO, THEY CAN'T. WE'RE JUST CONFIRMING AND WHAT DIRECTION THAT WE SHOULD NOW GO AND LOOK FOR ANOTHER ENTITY TO DO THAT ANALYSIS. >> CITY ATTORNEY, THE CITY MANAGER MADE A COMMENT AND IT'S WHAT I'VE ALSO BEEN SAYING. FORENSIC AUDIT WHICH HAS BEEN THE SPECIFIC WORDING USED BY THIS COMMISSION, NOT ANY OTHER TYPE OF AUDIT BECAUSE THE OTHER TYPES OF AUDITS HAVE BEEN DONE. A SPECIFIC WORDING HAS BEEN USED FOR A FORENSIC AUDIT. FORENSIC AUDITS DEAL WITH CRIMINAL ACTIVITY. CRIMINAL ACTIVITIES ARE DONE THROUGH THE STATE ATTORNEY'S OFFICE, FTLE, NOT DONE THROUGH A COMMISSION-BASED WHERE WE DON'T HAVE GOVERNING AUTHORITY TO DEAL WITH CRIMINAL ACTIVITY. WE'RE NOT BEING ASKED TO BE THE INVESTIGATIVE ARM FOR THOSE AGENCIES. THOSE AGENCIES ARE QUITE AWARE OF WHAT'S GOING ON IN THE CITY. THEY WOULD HAVE THE ABILITY TO SAY, CITY OF TAMARAC, HERE'S A SUBPOENA, HERE'S THE AUDIT. WE HAVE NOT HAD ANY AUDITS THAT HAVE GIVEN ANY REASON TO SHOW THAT THERE'S BEEN ANY CRIMINAL ACTIVITY. >> I'M AWARE OF THAT. >> BUT I JUST WANTED TO MAKE SURE BECAUSE THAT WAS WHAT THE REQUEST WAS. VICE MAYOR. >> YOU JUST SAID THAT THE AGENCIES KNOW WHAT'S GOING ON IN THE CITY. THAT'S NOT CORRECT. SOMEONE HAD TO WEAR A WIRE TO UNCOVER THE FACT THAT THE CITY MANAGER WAS INVOLVED IN CRIMINAL ACTIVITY. >> VICE MAYOR, THIS IS NOT A DEBATE ON WHETHER OR NOT YOU BELIEVE, HOWEVER, [OVERLAPPING] IT'S ABOUT WHETHER OR NOT THE CITY COULD DO A FORENSIC AUDIT. >> CHAIR, CAN YOU ASK THE MAYOR TO OBSERVE THE RULES. >> HONORABLE MAYOR. POINT OF ORDER. >> HOLD ON. I HAVE A POINT OF ORDER. THE CHAIR- >>CITY ATTORNEY HAD THE FLOOR. >> I HAVE A POINT OF ORDER, IT WAS RECOGNIZED. >> ALL GENTLEMEN, WHETHER YOU'RE AN ATTORNEY OR ON THE COMMISSION, WE HAVE RULES THAT WE HAVE TO FOLLOW. WE HAVE TOPICS WE STICK TO. THAT IS WHAT OUR RULES SAY. [00:35:02] WE STICK TO THE TOPIC AT HAND, AND WE DON'T CROSS ACCUSED. ON THAT NOTE, CITY ATTORNEY DOESN'T NEED TO ANSWER. THE VICE MAYOR WILL CONTINUE KEEPING IT TO HIS TWO MINUTES TO THE POINT ABOUT A FORENSIC AUDIT. IF SOMETHING GOES AWRY, WE CAN THEN DO A POINT OF ORDER. GO AHEAD. >> THE GOAL OF A FORENSIC AUDIT IS TO UNCOVER ANY POTENTIAL FINANCIAL CRIMES. WE KNOW FOR A FACT THAT THE FORMER CITY MANAGER WAS ARRESTED FOR HIS ROLE IN PARTICIPATING IN A 3.4 MILLION DOLLAR EXTORTION SCHEME. WE NEED TO UNCOVER WHETHER OR NOT HE PARTICIPATED IN ANY OTHER CRIMES THAT HAVE NOT YET BEEN UNCOVERED. IT'S NOT JUST COLONY WEST, IT'S ALSO THE ROCK ISLAND STORAGE FACILITY WHICH WAS TIED TO THE CHAIT BROTHERS, CONVICTED FELONS WHO WERE ALSO ARRESTED ALONG WITH THE CITY MANAGER. IT IS OUR RESPONSIBILITY TO DO OUR DUE DILIGENCE AND UNCOVER ANY POTENTIAL FINANCIAL CRIMES BECAUSE IF THERE WERE CRIMES COMMITTED, AS THE CITY ATTORNEY SAID, WE CAN FILE A LAWSUIT AND REQUEST SOME CLAWED BACK DOLLARS FROM THE CITY MANAGER WHO LIKELY ENRICHED HIMSELF WHILE SERVING AS CITY MANAGER. GOMEZ, YOU DID VOTE NO. EVERYONE ELSE VOTED YES, SO THERE ALREADY IS CONSENSUS. WE KNOW YOU'RE THE ONLY ONE THAT IS THE DEFENDANT IN THE LAWSUIT. NO ONE ELSE IS. I UNDERSTAND YOU HAVE TO TAKE- >> A POINT OF ORDER HERE. >> HOLD ON. EVERYONE. IF I MAY. >> I AM NOT A DEFENDANT IN THIS, CITY ATTORNEY- >> ABSOLUTELY, MA'AM. >> YOU NEED TO MAKE SURE YOU GET THIS RIGHT. >> YOU ARE ABSOLUTELY CORRECT, MAYOR. YOU ARE NOT PART OF THE FRAUD. IT IS INAPPROPRIATE FOR THE VICE MAYOR TO HAVE SAID THAT. THERE'S NO EVIDENCE TO THAT EFFECT. WE STICK TO THE FACTS, WE OBSERVE THE RULES OF DECORUM, WE SPEAK WHEN WE'RE RECOGNIZED AND ASKED TO BE RECOGNIZED, I THINK WE'LL GET THROUGH NOT ONLY THIS ITEM, BUT ALL OF THE AGENDA ITEMS IN A MORE TIMELY AND EFFICIENT MANNER. IT DOES NO ONE ANY GOOD TO CAST DISPERSIONS OR MAKE UNFOUNDED STATEMENTS ABOUT ANY CURRENT LITIGATION, CRIMINAL OR OTHERWISE. WITH THAT SAID, AS WE'RE TALKING, I WANT TO TRY AND GIVE YOU ALL AS MUCH INFORMATION AS POSSIBLE TO ALLOW YOU TO MAKE AN INFORMED DECISION. AS WE'VE BEEN TALKING, THERE'S A LOT OF DISCUSSION ABOUT WHAT IS OR ISN'T A FORENSIC AUDIT AND SO I TYPED IN, GOOGLE FORENSIC AUDIT DEFINITION. FIRST THING COMES UP IS A SITE FROM INVESTOPEDIA. JUST BY WAY OF EXAMPLE, NOT THAT THIS IS NECESSARILY THE DEFINITIVE ANSWER. BUT IT SAYS A FORENSIC AUDIT REQUIRES A WRITTEN REPORT ABOUT THE FRAUD TO BE PRESENTED TO THE CLIENT TO PROCEED TO FILE A LEGAL CASE IF THEY SO DESIRE. AT A MINIMUM, THE REPORT SHOULD INCLUDE THE FINDINGS OF THE INVESTIGATION, A SUMMARY OF THE EVIDENCE COLLECTED, AN EXPLANATION OF HOW THE FRAUD WAS PERPETRATED, SUGGESTIONS PREVENTING SIMILAR FRAUDS IN THE FUTURE, SUCH AS IMPROVING INTERNAL CONTROLS. AS I UNDERSTAND IT, THE DIRECTION THAT STAFF HAS RECEIVED TO DATE IS TO PROCEED TO ENGAGE A FIRM THAT IS QUALIFIED TO DO AN ANALYSIS OF THIS PROJECT, TO IN FACT COME BACK AND REPORT WHAT THEIR FINDINGS ARE, WHAT THEY FOUND, AND WHAT EVIDENCE THEY COLLECTED, AN EXPLANATION AS TO WHAT HAPPENED, IF THERE WAS OR WAS NOT POTENTIAL WRONGDOING. THEN HOW WE CAN AVOID THIS SITUATION IN THE FUTURE. GIVE THAT TO YOU ALL, AND THEN YOU CAN DIRECT STAFF AS APPROPRIATE AS TO HOW YOU WANT US TO PROCEED FROM THAT POINT FORWARD. AGAIN, I'M NOT MAKING ANY SUGGESTIONS AS TO WHAT THE REPORT IS GOING TO SAY, WHAT THE EVIDENCE IS GOING TO BE. I'M JUST SIMPLY TRYING TO IDENTIFY AND CONFIRM WHAT IS THE DIRECTION THAT STAFF HAS SO WE CAN PROCEED. >> THANK YOU, CITY ATTORNEY. BUT ONE PART OF THAT DEFINITION YOU LEFT OUT, EVALUATE A FIRM OR INDIVIDUALS FINANCIAL RECORDS TO DERIVE EVIDENCE. THAT WOULD BE FIRST TO EVALUATE OUR RECORDS, THE CITY OF TAMARAC RECORDS. >> YES. >> TO THEN GO FOR IT. EXACTLY WHAT I SAID EARLIER, THE FORENSIC AUDIT STARTS HERE IN THE CITY. ARE WE AS A COMMISSION ACCUSING OUR CITY EMPLOYEES OF DOING THE WRONG THING BY TRYING TO PROCEED WITH AN RFP TO GO FORWARD AGAINST THEM? >> WE ARE ACCUSING A CITY MANAGER? >> COMMISSIONER. >> WE'RE NOT ACCUSING ANYONE. WE'RE TRYING TO RESTORE THEM. >> IT'S A RHETORICAL QUESTION. THAT IS MY QUESTION TO THIS COMMISSION TO CONTEMPLATE WHEN WE GO FORWARD. THIS IS NOT FOR A RESPONSE DIRECTLY TO ME. [00:40:02] YOU THINK ABOUT IT YOURSELVES WHEN WE GO FORWARD FOR A CONSENSUS OF WHETHER OR NOT WE'RE GOING TO ASK THE CITY TO TRY TO DO AN RFP ON SOMETHING THAT WE MAY LEGALLY NOT HAVE THE ABILITY TO DO, AND ASK FOR A CITY TO WASTE TIME AND RESOURCES ON IT. >> THROUGH THE CHAIR. [OVERLAPPING] >> I'M RECOGNIZING COMMISSIONER VILLALOBOS. >> THANK YOU, MAYOR. JUST WANT TO REMIND US COMMISSION THAT THE NEXT TIME THAT ANY OF US INTERRUPTS ONE ANOTHER AND CONTINUE THIS CHARADE OF CRAZINESS, I'M GOING TO BE MAKING A MOTION TO REMOVE YOU AND WE'LL GO FROM THERE. I BELIEVE OUR REQUEST WAS TO GET A COST. CLEARLY, WE ALREADY HAVE AN ESTIMATED COST FOR THE AUDIT. IT'S ALMOST $100,000. WE WANT TO REDUCE TAXES, BUT THEN SPEND MONEY ON A WITCH HUNT. THEY CAME BACK TO US WITH A COST. I BELIEVE IF KIM CAN WORK ON IT SOMEHOW FROM SOMEONE FROM YOUR TEAM, GET THE MEETING MINUTES FROM THAT MEETING WHERE WE SAID IT WAS TO GET A COST. WE HAVE AN ESTIMATED A COST. IT GOING TO COST 3, 4, OR 5 TIMES, IF NOT MORE, FOR A FORENSIC AUDIT BECAUSE I HAVE DONE FORENSIC AUDITS ON ASSOCIATIONS THAT MANAGE A COUPLE OF MILLION DOLLARS A YEAR AND THEY ARE VERY EXPENSIVE. DOING A CITY ONE WOULD BE CRAZY, TO SAY THE LEAST. WE HAVE A NUMBER, I BELIEVE THAT WAS THE QUESTION. THE IS NO PROBABLE COST. I DON'T SEE WHY WE'RE EVEN SPENDING ANY MORE TIME ON THIS. THE COST CAME BACK TO US, WE NEED TO MOVE FORWARD AND GET CONSENSUS IF WE'RE GOING TO CONTINUE TO MOVE INTO A FORENSIC STUDY RIGHT NOW. I DON'T EVEN KNOW WHY WE'RE EVEN DISCUSSING THIS ANYMORE. IT'S A WASTE OF TIME, AND I JUST AGAIN, WANT TO REMIND EVERYONE ON THIS COMMISSION TALK OVER OR NOT RECOGNIZED AND YOU'RE SPEAKING YOU'RE GOING TO BE MOTIONED OUT AND YOU'RE GOING TO BE IN FRONT OF EVERYBODY AS WELL. >> THE CITY CLERK HAS A RESPONSE TO YOUR REQUEST. >> ON THE MINUTES THAT IS ON THE AGENDA FOR TONIGHT, THE 7/13/2022 MEETING, THE CONSENSUS WAS BY VICE MAYOR GELIN SEEKING CONSENSUS TO DIRECT STAFF TO WORK WITH RSM TO CREATE A SCOPE OF SERVICE AND BUDGET PROPOSAL TO CONDUCT A FORENSIC AUDIT ON ALL TRANSACTIONS RELATED TO FORMER CITY MANAGER OF MICRO STORAGE AND ALL TRANSACTION AND VENDOR RELATED TO COLONY WEST. THE VOTE ON THAT WAS 3-2. >> THREE TO TWO. THANK YOU VERY MUCH. CLEARLY, YOU SURELY ANSWERED OUR QUESTIONS. THEY CAME BACK TO US ALREADY. THEY CANNOT DO IT. IT'S GOING TO CAUSE A LOT OF MONEY. FOR THE RECORD, IT WAS A 3-2 VOTE VICE MAYOR. GET IT RIGHT. DON'T START MAKING THINGS UP. >> IT WAS RIGHT. IT WAS 3-2 AND IT WAS A COMEBACK. WE HAVE HEARD THAT $95,000 IS THE PRICE TO DO A FORENSIC AUDIT. HOWEVER, IF A FORENSIC AUDIT IS DONE, RSM WILL NOT BE ABLE TO DEFEND ANY OTHER AUDITS THAT IT HAS DONE IN OUR CITY DUE TO THE FACT THAT THEY WILL BE DOING THE FORENSIC AUDIT, THERE WAS A CONFLICT OF INTEREST THERE. THE INFORMATION HAS BEEN PROVIDED THAT HAS BEEN REQUESTED. YOU'RE DONE WITH YOUR TIME? COMMISSIONER PLACKO. >> THANK YOU. FIRST OF ALL, IF I UNDERSTAND CORRECTLY, THE $95,000 THAT WAS THE PRICE WE HAD IS SOMETHING THAT THEY'RE NOT ABLE TO DO ANYWAY. THE $95,000 IS NOT AN ACCURATE PRICE. >> THE $95,000 REFLECTS NUMBER 1, AN INTERNAL AUDIT, WHICH IS DISTINCTIVE FROM THE FORENSIC AUDIT. YES, THEY CAN'T DO A FORENSIC AUDIT. >> THE $95,000 IS NOT A GOOD NUMBER TO BEGIN WITH. I THINK THIS IS IF I MAY, TO OUR CITY ATTORNEY. WHAT'S OUR END GAME HERE? IF WE'RE LOOKING FOR CRIMINAL ACTIVITY FROM ANYONE AND THAT PERSON IS ALREADY UNDER INVESTIGATION, WHERE DO WE COME INTO THIS? >> AGAIN, IF I HAVEN'T MADE MYSELF CLEAR, I'LL ENDEAVOR TO DO SO RIGHT NOW, AND THE ANSWER TO YOUR QUESTION, COMMISSIONER PLACKO, WE WOULD NOT BE MOVING FORWARD WITH ANY CRIMINAL PROSECUTION. THE CITY OF TAMARAC DOESN'T HAVE THE AUTHORITY UNDER STATE LAW. IT IS EITHER THE STATE ATTORNEY'S OFFICE [00:45:02] OR THE STATEWIDE PROSECUTOR'S OFFICE UNDER FEDERAL LAW, WOULD BE THE DEPARTMENT OF JUSTICE. ANY LEGAL ACTIONS INITIATED BY THE CITY AS A RESULT OF WHATEVER MAY COME UP WITH THIS AUDIT WOULD BE CIVIL ACTION FOR FRAUD, MISAPPROPRIATION OF FUNDS, OR ANY OTHER NON-CRIMINAL CIVIL CAUSES OF ACTION THAT MIGHT BE AVAILABLE TO THE CITY. THE PURPOSE, AS I UNDERSTAND THE CONVERSATIONS THAT HAVE TAKEN PLACE TO DATE IS FOR THAT AUDIT TO GIVE US THAT INFORMATION TO DETERMINE WHETHER OR NOT THERE HAS POTENTIALLY BEEN ANY FRAUD, MISAPPROPRIATION OF CITY FUNDS, EMBEZZLEMENT, WHATEVER, AND THEN BRING A CIVIL CAUSE OF ACTION ON THE NAME OF THE CITY TO TRY AND CALL BACK THE MONIES THAT WERE MISAPPROPRIATED, OR MISUSED, [NOISE] EMBEZZLED, OR WHATEVER. AGAIN, MAY BE THE CAUSE OF ACTION. >> I BELIEVE WHEN WE ORIGINALLY TALKED ABOUT THIS, I SAID SOMETHING TO THE EXTENT OF WE HAVE TALKED ABOUT THIS FOR A VERY LONG TIME AND WE HAVE FURTHER ALIGNED SOMEONE'S REPUTATION, AND IF THERE'S SOMETHING THERE, I WANTED TO KNOW ABOUT IT. BUT IN GOOD CONSCIENCE, TO SPEND $100,000 AT THIS CURRENT TIME AND WE DON'T EVEN KNOW THAT THAT'S A GOOD NUMBER, VERY HONESTLY BECAUSE WE DON'T HAVE AN ACCURATE NUMBER FOR DOING SUCH A THING. I DON'T KNOW THAT THE END GAME IS WORTH $100,00. I WOULD VERY MUCH LIKE TO KNOW IF THERE'S ANYTHING THERE AND PROVE SOMEONE INNOCENT OR OTHERWISE. I DO WONDER THOUGH, IF CAN WE REQUEST THE BOOKS FROM OUR PARTNERS IN THIS WITHOUT A LOT OF EXPENSE INCURRED? I WOULD THINK THEY WOULD BE WILLING TO TURN THAT OVER TO US. >> IF THAT IS THE DIRECTION OF THIS COMMISSION, WE CAN MAKE THAT REQUEST AND SEE HOW THE PARTNER RESPONDS OR THE PRIOR PARTNER. WE WILL REPORT BACK TO YOU WHAT THEIR ANSWER IS. >> THANK YOU. COMMISSIONER BOLTON. >> THANK YOU, MAYOR. IT SEEMS LIKE THIS IS NOT GOING TO GO THROUGH. BUT I WANT TO MAKE THIS COMMENT. WE GAVE THE CITY MANAGER AUTHORITY OVER MILLIONS OF DOLLARS AND TO THE EXTENT THAT SOMETHING WAS DONE, I WOULD LIKE TO KNOW ABOUT IT BECAUSE IT IS OUR FIDUCIARY DUTY [NOISE] TO PROTECT THE RESIDENTS OF THE CITY AND THEIR HARD-EARNED TAX DOLLARS. TO SAY THAT $100,000 IS TOO MUCH TO FIND OUT IF FRAUD WAS DONE, FRAUD THAT COULD HAVE BEEN IN THE MILLIONS MAYBE, WE DON'T KNOW, BUT THAT'S WHAT WOULD FIND OUT IT'S WORTH A SHOT. MANY TIMES AS I REFLECT ON CONVERSATIONS WITH THE CITY MANAGER, HE WOULD SAY THINGS LIKE, WE CAN USE THE CITY'S LINE OF CREDIT TO BUY A PROPERTY AND FLIP IT BACK TO OUR DEVELOPERS [OVERLAPPING] >> I'M GOING TO ASK FOR A POINT OF ORDER HERE, CITY ATTORNEY. >> I WOULD OFTEN ASK HIM IF THAT WAS LEGAL. >> CITY ATTORNEY. >> I'M GOING TO ASK THE CITY ATTORNEY [OVERLAPPING] >> COMMISSIONER BOLTON, I'M GOING TO ASK YOU TO HOLD FOR A MOMENT, PLEASE. [OVERLAPPING] >> I'M GOING TO ASK THE CITY ATTORNEY IF THAT IS LEGAL. >> CITY ATTORNEY, IN LIGHT OF WHAT HAS BEEN CONTINUALLY SAID ABOUT LAWSUITS, [00:50:01] POTENTIAL HEARSAY, ISSUES THAT COULD ARISE PERSONALLY FOR PEOPLE ON THE COMMISSION WHO STATE THINGS THAT MAY NOT BE APPROPRIATE. SHOULD THE TOPIC JUST REMAIN AS TO WHETHER OR NOT THE ISSUE GOES FORWARD WITHOUT ADDITIONAL HYPERBOLE. >> I THINK THAT WE CAN DISPENSE WITH HYPERBOLE AS YOU CHARACTERIZE IT. WITHOUT GETTING INTO SPECIFICS, WHO SAID WHAT, WHEN OR HOW, MUNICIPALITIES HAVE ALL THE POWERS OF THE STATE THAT THE STATE HAS AN OTHERWISE PREEMPTED TO ITSELF, INCLUDING THE ABILITY TO PURCHASE AND SELL LAND AND THAT IS LEGAL, COMMISSIONER BOLTON FOR ANY CITY TO ACQUIRE LAND AND THEN AT SOME POINT IN THE FUTURE, SELL IT, FLIP IT, OTHERWISE CONVEY IT. I KNOW THAT. I HAVE PERSONAL EXPERIENCE IN ANOTHER MUNICIPALITY HERE IN BROWARD COUNTY WHERE THAT WAS DONE A LOT BY THE CITY MANAGER AND THAT MUNICIPALITY IS NOT TOO FAR FROM HERE WHEN HE WAS IN FACT THE CITY MANAGER. >> THANK YOU ATTORNEY. AS I WAS SAYING, CONVERSATIONS LIKE THAT WOULD OCCUR, I WOULD ASK HIM IF SOMETHING LIKE THAT IS LEGAL. HE WOULD SAY ABSOLUTELY. THEN I WOULD SAY THINGS LIKE, WHOA, THAT SOUNDS LIKE A GREAT IDEA. BUT THEN IT ALWAYS SEEMS THINGS WERE PERSONAL. THOSE CONVERSATIONS REFLECT MAKES ME WANT TO FIND OUT WHETHER OR NOT THE THE CITY IS A VICTIM IN THIS. SO IT WOULD HURT MY HEART IF WE DON'T GO FORWARD BECAUSE WE ARE POLICYMAKERS, WE SHOULD NOT STAND REACTIVE BUT PROACTIVE. MANY TIMES, I WOULD SIT ON THIS DAIS AND SHOW MY COLLEAGUES THE WARNING SIGNS OF THE THINGS THAT WERE OCCURRING HERE UNDER SUNSHINE. >> EXCUSE ME. TO THE GENTLEMAN TO MY LEFT, WE DO NOT NEED HEAD NODDING COMMENTARY, YEAH, RIGHT, IT HAPPENED. PLEASE LET COMMISSIONER BOLTON FINISH AND WE CAN MOVE ON. THANK YOU. >> I WOULD TELL OFF THE WARNING SIGNS BUT THINGS WOULD SOUND LIKE OKAY, IT'S JUST OFF THE WALL AND IT DOESN'T MAKE ANY SENSE. WHEN HE WAS ARRESTED, PEOPLE COULD NOT BELIEVE IT. HOW COULD HE? I JUST CAN'T WRAP MY FINGER AROUND IT, WELL, IT HAPPENED. HE WAS ARRESTED AND HE'S GOING THROUGH THE COURTS RIGHT NOW. I BELIEVE ONE DAY WHEN THE APPROPRIATE AGENCY COMES KNOCKING AT OUR DOOR YOU WILL REMEMBER THIS NIGHT AND MANY OF US WILL SAY, "WE SHOULD HAVE STOOD UP AS GREAT LEADERS AND FIGURE THIS OUT." DO THE RIGHT THING. AGAIN, AS A PART OF OUR DUTY TO PROTECT THE RESIDENTS AND THEIR TAX DOLLARS. IT'S A PART OF OUR DUTY AND ANYTHING SHORT OF THAT TONIGHT WOULD BE NEGLECT OF DUTY. KEEP THAT IN MIND AS YOU ARE GIVING CONSENSUS TONIGHT BECAUSE NEGLECT OF DUTY IS ONE OF THE THINGS MAKES YOU REMOVAL FROM OFFICE. THANK YOU SO MUCH. >> THANK YOU. THREATS ARE NOT NEEDED TO ANYBODY ON THE COMMISSION FOR THEIR DETERMINATIONS. COMMISSIONER PLACKO, YOU HAVE THE MIC. >> THANK YOU. WE'RE BEING ASKED TO MAKE A DECISION WITHOUT THE FACTS. [00:55:05] I WOULD LIKE TO KNOW WHAT THE COST WOULD BE FOR THE TYPE OF AUDIT THAT WE REQUESTED. WE'RE LOOKING AT $95,000 BUT THAT'S NOT FOR WHAT WE REQUESTED. YOU'RE ASKING US TO MAKE A DECISION WITHOUT ALL THE FACTS. UNTIL THERE'S AN ACCURATE NUMBER, IT COULD BE 70,000, IT COULD BE $200,000. I WOULD LIKE THAT INFORMATION. >> CITY MANAGER, COMMISSIONER VILLALOBOS IN A SECOND. IN A POINT OF ORDER FOR THIS DISCUSSION. MAYBE THERE NEEDS TO BE A WORKSHOP ON EXACTLY WHAT IS A FORENSIC AUDIT, HOW IT GOES ABOUT AND WHAT HAPPENS WITH ONE AND THE OTHER ONE BEING AN AUDIT OF OUR BOOKS AND MAYBE A LITTLE BIT MORE DETAIL COMING FROM RSM ON THE TWO AUDITS, IT ALREADY DONE. MAYBE THAT'LL HELP WITH THE CLARIFICATION FOR WHAT AND WHOM IN WHICH CAPACITY IS BEING AUDITED FOR OUR CITY BY COMMISSIONER VILLALOBOS. >> I WAS GOING TO SAY IT'S ABOUT QUESTIONS. >> I'M. WE'VE ALL HAD OUR TWO. >> I'D LIKE TO MAKE A MOTION. >> MADAM MAYOR, POINT OF ORDER. I DID NOT HAVE THE SECOND GO ROUND, SO I WOULD LIKE THAT. >> IF YOU WILL KEEP IT TO ACTUAL TOPIC AT HAND VERSUS PONTIFICATING, PLEASE DO SO. >> MAYOR, I'M TRYING TO KEEP YOUR DECORUM AND I'VE BEEN NOTHING SHORT. >> COMMISSIONER BOLTON, PLEASE PROCEED. >> OKAY. THANK YOU MAYOR. VICE MAYOR GELIN WAS CLEAR WHEN HE SAID, THE NEXT STEP WOULD BE TO ASK FOR OR ISSUE AN RFP AND THAT'S HOW WE FIND OUT OUR COST. TO WHAT COMMISSIONER PLACKO WAS ASKING IS, "I WANT TO KNOW THE COST." THAT'S HOW YOU FIND OUT THE COST. IT'S ONE OF THE WAYS. YOU ISSUE AN RFP AND PEOPLE COME BACK WITH WHAT THEY'RE GOING TO CHARGE. AT THAT TIME, IF YOU THINK THAT IT IS TOO MUCH MONEY TO FIND OUT WHETHER OR NOT YOUR MONEY WAS ACTUALLY USED IN A POTENTIAL FRAUD TOO, BECAUSE YOU'RE A TAXPAYER, IT'S YOUR MONEY. AUTHORIZE THE RFP AND LET'S FIND OUT WHAT IT WOULD COST IF AT THAT TIME IS NOT PALATABLE TO YOU, THEN OKAY. BUT JUST TO FLAT OUT SAY NO AND MOVE ON FROM TONIGHT IT WOULD BE DOING THE RESONANCE OF THIS CITY, DISSERVICE. WHEN I KNOCK ON DOORS AND THEY ASK ME WHAT IS GOING ON WITH OUR CITY AND WHATEVER HAPPENED TO THE CITY MANAGER AND THE MUGSHOT, WHY HE WAS ARRESTED. WE WANT TO BE ABLE TO STATE FACTS AND THIS GIVES US THE OPPORTUNITY TO STATE WHAT THE FACTS ARE AND NOT JUST THROW ANY WINDOWS. I BELIEVE COMMISSIONER, VICE MAYOR GELIN WAS CLEAR AND SO I THINK WE SHOULD MOVE ON TO THAT END. >> CITY MANAGER, YOU EXPRESSED EARLIER THE CONCERNS ABOUT AN RFP AND THE ABILITY TO DO SO AT THIS TIME. BEST COURSE OF ACTION FOR THIS COMMISSION FOR DIRECTIVE FOR YOU, WOULD BE FOR YOU TO INQUIRE TO SEE IF YOU CAN EVEN DO ONE BEFORE THERE IS ANYTHING FURTHER DISCUSSED. IS THAT CORRECT? IS THAT WHAT IS UNDERSTOOD FROM YOUR COMMENTS? >> WELL, WHAT I THINK WE CAN DO IS GO BACK, DEVELOP A SCOPE, BRING IT TO YOU ALL FOR YOUR REVIEW, AND GO FROM THERE. BECAUSE THE WAY I HEARD THE VICE MAYOR WAS TO DO A FORENSIC AUDIT OF AN INDIVIDUAL'S TRANSACTIONS, WHICH I DON'T THINK WE HAVE THE AUTHORITY TO DO SO. WHAT I HEARD JOHN SAY IS GO OUT FOR AN RFP TO DO AN INTERNAL AUDIT LIKE RSM SPOKE OF HERE AND THEN PROCEED FROM THERE. I THINK THE CLEANEST WAY TO DO THIS IS TO COME BACK TO YOU GUYS WITH A DRAFT SCOPE AND THEN YOU SAY, THIS IS WHAT WE'RE LOOKING FOR. >> TO MAKE SURE THAT I UNDERSTAND YOU, THIS COMMISSION WILL NOW DETERMINE WHETHER OR NOT THE CITY WILL GO THROUGH YOU TO [01:00:04] OUR PROCUREMENT MANAGER TO DROP A SCOPE OF AN RFP FOR THE CITY TO BE AUDITED EVEN FURTHER TO DETERMINE IF THERE WAS ANY THING DONE THAT WAS WRONG. IS THAT CORRECT? IS THAT WHAT YOU SAID? >> THAT'S MY UNDERSTANDING OF THE DIRECTION THAT THE CITY ATTORNEY PROVIDED AS TO MOVING THIS FORWARD. >> THAT IS THE QUESTION AT HAND. IS THAT YOUR MOTION VICE MAYOR? >> THAT'S NOT MY MOTION. SHE'S TRYING TO GIVE MY INTERPRETATION. JOE, MY INTERPRETATION YOU NEED TO ASK ME. MY MOTION IS TO DIRECT STAFF TO ISSUE LETTERS OF INTEREST TO THE FORENSIC AUDIT COMMUNITY. PEOPLE ON THIS COMMISSION KEEP USING THE WORD AUDIT IN ALL TYPE OF WAYS, WE'RE LOOKING FOR A FORENSIC AUDIT, WHICH IS DESIGNED TO UNCOVER FINANCIAL CRIMES. MY MOTION IS TO DIRECT STAFF TO ISSUE LETTERS OF INTERESTS TO ACCOUNTING FIRMS THAT CONDUCT FORENSIC AUDITS ON THE COLONY WEST CLUBHOUSE TRANSACTION AND THE ROCK ISLAND STORAGE, WHICH THE CHAIT BROTHERS AND THE FORMER CITY MANAGER WERE INVOLVED IN. YOU UNDERSTAND, ARE THERE ANY QUESTIONS ON THAT MOTION? >> THERE'S A QUESTION RIGHT NOW FROM COMMISSIONER VILLALOBOS. >> I THOUGHT WE WERE TALKING ABOUT COLONY WEST. NOW WE'RE TALKING ABOUT THE STORAGE FACILITY? WE'RE SPINNING WHEELS HERE CAN WE GET CONSENSUS. >> JUST ALSO CLARIFICATION THAT AGAIN, THE AUDIT FORENSIC OR OTHERWISE IS BEING DONE OF CITY BOOKS, AND THIS SUCH ACCOUNTING ALLOWS THROUGH CONTRACTS TO REQUEST ANYBODY WE'VE DONE BUSINESS WITH TO SHOW US THEIR BOOKS IF THEY WISH TO PROVIDE IT BECAUSE THEY'RE NOT UNDER A LEGAL OBLIGATION. THAT IS THE EXTENT OF THE LETTERS OF INTENT FOLLOWING A PROCEDURE BECAUSE YOU CANNOT ACCESS SOMEONE ELSE'S PERSONAL PAPERWORK WITHOUT A COURT ORDER IF THEY DO NOT GIVE IT TO YOU. >> IF I MAY THE CITY ATTORNEY JUST SAID THAT PART OF OUR RULES, OUR VENDOR PARTNERS HAVE TO SHARE INFORMATION WITH US. >> VENDOR PARTNERS. >> CORRECT? >> NO THEY DON'T HAVE TO, THEY CAN SAY NO. THAT'S WHAT HE SAID. >> CAN YOU CLARIFY. >> FOR A CONTRACT. >> WE HAVE UNDER THE CONTRACT, THE LEGAL RIGHT. IT DOESN'T NECESSARILY MEAN THAT THEY WILL COMPLY WITH THAT REQUEST AND THEREFORE, AT THAT POINT IN TIME, WE WOULD DEEM THEM TO BE IN BREACH OF THE AGREEMENT AND COME BACK TO YOU, REPORT THAT AND SAY, DO YOU WANT US TO TAKE LEGAL ACTION TO SECURE THOSE RECORDS AS PART OF THIS OVERALL AUDIT OF THIS PROJECT. >> OKAY. IS THE CLEAR ON MY MOTION? >> I'M GOING TO ASK ANOTHER QUESTION OF THE CITY ATTORNEY. IF AT SOME POINT IN TIME, IF WE SHOULD DO THIS AND WE GO TO A PERSON SAYING IN THE CONTRACT WE ASK YOU TO OPEN YOUR BOOKS AND THEY SAY NO AND THEN WE HAVE TO FILE A SUIT AGAINST THEM FOR THEM TO OPEN THEIR BOOKS AND THERE WAS NO CAUSE OF ACTION SHOWN WHY WE HAD EVEN ASKED THEM THEY CAN COME BACK AFTER US FOR FEES AND COSTS. IS THAT CORRECT? >> AGAIN, I BELIEVE THAT THERE IS A MISS CHARACTERIZATION OR A CONFLATION OF PROBABLE CAUSE, WHICH IS A CRIMINAL [OVERLAPPING]. >> OKAY. I'LL CHANGE MY WORDING. >> LEGAL OBLIGATION UNDER THE CONTRACT, THAT IT'S A STRICT REQUIREMENT. OUR CONTRACT SAYS FOR UP TO BLANK YEARS UNDER STATE LAW, WE HAVE THE RIGHT TO REVIEW YOUR RECORDS AND PERIOD. CAN YOU PLEASE COMPLY WITH US, IF YOU DON'T WE GO TO COURT. YOUR HONOR, HERE'S THE CONTRACT, IT SAYS THIS IS WHAT THEY'RE SUPPOSED TO DO, THEY'VE SAID TO US NO, PLEASE ISSUE DECLARATORY JUDGMENT AND AN INJUNCTION ORDERING THEM TO PROVIDE US THE RECORDS THAT WE REQUESTED AND THAT ARE PROVIDED FOR WITHIN THE CONTRACT DOCUMENT. THERE'S NO NEED TO DEMONSTRATE THAT THERE'S PROBABLE CAUSE. HERE'S WHAT THE CONTRACT SAYS PLEASE COMPLY WITH THE CONTRACTUAL TERMS. >> PRETTY SURE I WILL BE SPECIFIC IN SCOPE. IT CAN'T BE FOR ALL. >> THAT IS CORRECT. IT WOULD BE WITHIN THE CONFINES OF THE FOUR CORNERS OF THE CONTRACT. >> SO MANY THINGS IN THERE. MANAGER, DID YOU WISH TO SAY SOMETHING? >> NO. I WROTE DOWN WHAT THE VICE MAYOR SAID. I BELIEVE HE SAID HE'S MAKING A MOTION, SO I DON'T KNOW. >> IS THERE A COST INVOLVED? [01:05:01] YOU CANNOT SAY APPROXIMATELY THE COST INVOLVED FOR THIS PROCESS. >> TO CONDUCT THE FORENSIC AUDIT AND ALL OF THAT STUFF? >> NO. TO ISSUE THE LETTERS OF INTENT. BECAUSE YOU'RE GOING TO HAVE TO BRING THIS. >> I DON'T THINK THAT'S AN EXPONENTIAL COST, IT'S A STAFF COST. WE'RE GOING TO HAVE TO REACH OUT AND GET THE RIGHT VERBIAGE. I THINK IT'S STAFF COST AND WE'RE PAYING THAT ANYWAY. >> STAFF COST MEANS TAKING THEM AWAY FROM DOING OTHER THINGS IN THE CITY. EVERYBODY CLEAR ON THE REQUEST? >> I HAVE A QUESTION. >> OKAY. SORRY YOU TURNED ON AND OFF. GO AHEAD. >> SORRY. THE VICE MAYOR'S MOTION INCLUDED THE ROCK ISLAND STORAGE FACILITY. WOULD NOT THAT COME UNDER THE LEGALITIES THAT ARE ALREADY GOING ON? >> NO. >> IN THE SETTLEMENT AGREEMENT THAT WE HAD IN THE PROCESS OF THAT. >> BEING AS WHO OWN THE PROPERTY, AREN'T THEY INVOLVED IN THE CURRENT LITIGATION? >> NO, MA'AM. THAT PIECE OF PROPERTY IS NOT SUBJECT OF THE CRIMINAL ACTION. ROCK ISLAND PARCEL IN MY UNDERSTANDING IT'S NOT, THE ALLEGATIONS IN THE AFFIDAVIT OF PROBABLE CAUSE RELATE TO ALLEGED CONTAMINATION OR EXTORTION RELATED TO ALLEGED CONTAMINATION OF THE GOLF COURSE PROPERTY NOT INCLUDING THE ROCK ISLAND. >> I WAS CHECKING IF IT IS INVOLVED AND ASSUMING. >> ARE YOU DONE WITH THE QUESTION? >> YEAH, I'M DONE. >> ALONG THOSE LINES THOUGH THE PROPERTY IN QUESTION ON THAT, IT WAS LITIGATION, THE SALE OF THE PROPERTY AND EVERYTHING ALONG THOSE LINES, WERE DONE THROUGH A SETTLEMENT AGREEMENT WITH THE CITY REGARDING THAT PROPERTY AND THE PURCHASER AND BUILDER OF THAT PROPERTY. PLEASE, IF YOU ARE NOT 100 PERCENT SURE ON THE ANSWER, THEN I THINK IT'S BEST THAT THAT ITEM WE BE ADVISED ACCORDINGLY IF WE WOULD BE PUTTING OURSELVES IN JEOPARDY. >> IN INVESTIGATING AND DETERMINING WHETHER OR NOT THERE WAS ANY BASIS POTENTIALLY TO PURSUE ANY CAUSE OF ACTION, THIS IN MY OPINION DOES NOT GIVE RISE TO LIABILITY OR YOU'RE JUST INVESTIGATING AND THAT'S IT. YOU THEN WAIT AND YOU SEE WHAT THE RESULTS OF THE ANALYSIS. IF I MAY MAKE A SUGGESTION FOR WHATEVER IT'S WORTH I UNDERSTAND THE VICE MAYOR'S MOTION, BUT I THINK THAT THE ABILITY OF STAFF, WHOEVER POTENTIALLY GETS SELECTED, AND THEN THAT ENTITY, WILL DO AN ANALYSIS AND COME BACK TO YOU WITH REPORT. THEN IT IS WHAT IT IS, WHATEVER THAT REPORT MAY BE. MAY I SUGGEST THAT WE JUST GO WITH THE COLONY WEST PROJECT FIRST AND SEE WHAT THAT DISCLOSES POTENTIALLY AND THAT WOULD MAKE IT QUICKER THAT WE COULD DO THAT, GET THE LETTER OF INTEREST OUT, OR THE SOLICITATION OUT, GET THE RESPONSES BACK IN BECAUSE IT'S NARROW IN SCOPE. THEN DEPENDING UPON TO USE THE CLICHE, IF THERE'S SMOKE AND FIRE THEN WE CAN THEN POTENTIALLY TASK THAT AUDITING FIRM TO THEN LOOK AT THE SECOND PROJECT. >> IS THERE ANY QUESTION FOR ME? I'LL DEFER TO COMMISSIONER BOLTON BECAUSE THAT WAS IN HIS DISTRICT. HE FOUGHT ADAMANTLY AGAINST IT, DID NOT TRUST THE CHAIT BROTHERS. I DID NOT TRUST THE CHAIT BROTHERS. I FELT UNCOMFORTABLE WITH THE DEAL AND MY WHOLE GOAL WAS ALWAYS TO INCLUDE BOTH PROJECTS AS PART OF THE AUDIT. >> THIS IS THE FIRST TIME IN THE MANY CONVERSATIONS REGARDING THIS ITEM THAT THAT ITEM IS NOW BEING BROUGHT UP. LADIES AND GENTLEMEN, I'M SORRY, BUT IT IS ALSO 10 AFTER 8:00 AND ALL I'M HEARING IS POLITICS FROM THE DIAS. CAN WE PLEASE STICK TO THE SUBJECT MATTER AT HAND? THE ORIGINAL REQUEST WAS WHETHER OR NOT RSM COULD DO FORENSIC AUDIT AND COME BACK AND TELL US IF THEY COULD AND HOW MUCH IT WOULD COST. THEY'VE COME BACK AND BASICALLY SAID THAT THEY CAN'T REALLY DO IT THERE'S A CONFLICT OF INTERESTS, THERE'S A PROBLEM. THERE HAS BEEN A CHANGE NOW TO BRING IT FORWARD AND CHANGE IT TO A BIGGER ITEM OR ANOTHER ITEM OFF OF [01:10:02] THIS TO TAILGATE TO SAY THAT YOU NOW WANT A FORENSIC AUDIT TO GO OUT FOR LETTERS INTENT VERSUS AN RFP, WHICH I REALLY THINK THE STRUCTURE SHOULD BE BASED UP TO THE CITY MANAGER BECAUSE THE CITY MANAGER AND THE PROCUREMENT DIRECTOR KNOW HOW TO HANDLE THIS STUFF FOR THE CITY VERSUS THIS COMMISSION ON WHAT'S THE PROPER WAY TO FIND OUT FOR US HOW MUCH IT WOULD COST TO GET THE ADDITIONAL AUDITING DETAILS OF THE COLONY WEST PROJECT. THAT IS THE ORIGINAL SCOPE. WE CANNOT GO INTO MR. CERNECH PERSONAL ITEMS AND ROCK ISLAND HAS NEVER HAD ANYTHING TO DO WITH IT. YOU WANT TO TALK ABOUT ROCK ISLAND, BRING IT UP IN THE NEXT COMMISSION MEETING, PUT IT AS AN AGENDA ITEM. >> I'VE GOT A MOTION. I'M WAITING FOR A SECOND. >> SECOND. >> IF THE EMOTION IS STAYING AS IS WHAT I HEAR. >> CORRECT. WHAT I JUST SAID TO THE CITY MANAGER AND WHAT SHE WROTE DOWN. >> WHICH ENCOMPASSES ROCK ISLAND STORAGE FOR THOSE OTHERS WHO ARE JUST MAKING SURE. >> THAT DEAL WAS WITH TWO CONVICTED CRIMINALS [OVERLAPPING] >> WE DON'T NEED ANY FURTHER EXPLANATION VICE MAYOR. YOU'VE ALREADY SAID WHAT YOU WANTED IT, AND YOU'VE MADE YOUR POLITICAL COMMENTS. CITY CLERK, PLEASE CALL THE ROLL. >> COMMISSIONER BOLTON? >> YES. >> COMMISSIONER VILLALOBOS? >> NO. >> MAYOR GOMEZ? >> NO. >> COMMISSIONER PLACKO? >> NO. >> VICE MAYOR GELIN? >> YES. >> MOTION FILL 3-2. >> THANK YOU. ALL RIGHT. [3. PUBLIC PARTICIPATION] WE'RE GOING TO GO TO PUBLIC PARTICIPATION NOW. CITY ATTORNEY, PLEASE READ THE RULES OF THE ROAD. LADIES AND GENTLEMEN WHO ARE LEAVING, THANK YOU VERY MUCH. GET HOME SAFELY. >> YES MA'AM, MAYOR, MEMBERS OF THE COMMISSION, THE RULES ARE SHOWN ON THE SCREEN. MEMBERS OF THE PUBLIC MAY SPEAK ONLY AT TIMES DESIGNATED BY THE MAYOR OR PRESIDING OFFICER. THE MEMBER OF THE PUBLIC SHALL STEP TO THE FLOOR MICROPHONE AND STATE HIS OR HER NAME AND ADDRESS IN AN AUDIBLE TONE FOR THE CLERK'S RECORD. IN LIEU OF ADDRESS, THEY CAN STATE THE CITY IN WHICH THEY RESIDE. REMARKS SHALL BE LIMITED TO THE QUESTIONS UNDER DISCUSSION UNLESS SUCH REMARKS COME DURING THE PUBLIC PARTICIPATION SECTION OF THE MEETING. DURING PUBLIC PARTICIPATION, ANY MEMBER OF THE PUBLIC MAY SPEAK ON ANY ISSUE THAT IS NOT ON THE AGENDA FOR PUBLIC HEARING DURING THE CITY COMMISSION MEETING. SPEAKERS WILL BE LIMITED TO THREE MINUTES DURING THIS TIME. THERE'LL BE A 30-MINUTE AGGREGATE TIME LIMIT FOR THIS ITEM AND SPEAKERS ARE ENCOURAGED TO SIGN UP IN ADVANCE WITH CITY CLERK PRIOR TO THEIR PARTICIPATION. ALL REMARKS SHALL BE ADDRESSED TO THE CITY COMMISSION AS A BODY THROUGH THE MAYOR AND NOT TO ANY MEMBER THEREOF. CUMULATIVE AND REPETITIVE TESTIMONY SHOULD BE AVOIDED ON ANY MATTER. PERSONS OF THE SAME POSITION AS THE PREVIOUS SPEAKER MAY SIMPLY STATE THEIR NAMES, ADDRESS, AND THE POSITIONS WITH WHICH THEY AGREE. ANY PERSON MAKING DISRUPTIVE, IMPERTINENT OR SLANDEROUS REMARKS, OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE CITY COMMISSION AND REFUSES TO STOP MAY BE REQUESTED TO LEAVE THE MEETING BY THE CITY COMMISSION. PERSONS WHOSE ALLOTTED TIME TO SPEAK HAS EXPIRED SHALL BE SO ADVISED BY THE CITY CLERK TO CONCLUDE. PUBLIC HEARINGS CONSIST OF THOSE AGENDA ITEMS WHERE THE PUBLIC MAY PARTICIPATE. THE PUBLIC SHALL SPEAK ONLY ON THE AGENDIZED SUBJECT. SPEAKING TIME FOR MEMBERS OF THE PUBLIC IS LIMITED TO THREE MINUTES FOR ANY PARTICULAR TOPIC. ADDITIONAL TIME MAY BE ADDED BY THE CITY COMMISSION. MEMBERS OF THE PUBLIC SHALL NOT DELEGATE, OR GIVE THEIR TIME OR ANY PORTION THERE OF, TO ANOTHER PARTY. FOR A PUBLIC HEARING, THE CITY COMMISSION MAY SET AN AGGREGATE TIME LIMIT FOR PUBLIC COMMENT. WHEN AN ISSUE HAS BEEN DESIGNATED AS QUASI-JUDICIAL, PUBLIC MARK SHALL ONLY BE HEARD DURING A QUASI-JUDICIAL HEARING THAT HAS BEEN PROPERLY NOTICED FOR THAT MATTER. >> THANK YOU VERY MUCH. GOING THROUGH OUR LIST, I SEE THAT RUSSELL CORMICAN WOULD LIKE TO SPEAK. THE ITEM THAT HE'S SPEAKING ON IS DURING FIRST READING ON AN ORDINANCE, AND THEREFORE, YOUR TIME WOULD BE HERE SINCE ON FIRST HEARING WE DON'T HAVE PUBLIC COMMENT. >> SHOULD I SPEAK NOW? >> PLEASE. >> ALL RIGHT. GOOD EVENING MAYOR, VICE MAYOR, CITY COMMISSIONERS, CITY STAFF. MY NAME IS RUSSELL CORMICAN. I'M HERE AS COUNSEL FOR MEMBERS ONLY MANAGEMENT, LLC, WHICH DOES BUSINESS IN TAMARAC AS TRAPEZE. CO-OWNER, ALAN MOSTOW IS PRESENT IN THE THIRD ROW, AS IS THE DIRECTOR OF OPERATIONS, JUNE KELLY. WE'RE HERE TO ADDRESS ITEM 6A, WHICH IS A PROPOSED CHANGE TO THE ADULT ENTERTAINMENT ORDINANCE. WE'VE BEEN HERE BEFORE A COUPLE OF TIMES. WE'VE BEEN IN FRONT OF THE PLANNING BOARD A COUPLE OF TIMES. I'M SURE YOU'RE ALL AWARE THAT WE'VE BEEN ENGAGED IN ONGOING DISPUTE WITH THE CITY ABOUT WHETHER MY CLIENT FITS INTO THE DEFINITION OF ADULT ENTERTAINMENT. IT'S BEEN OUR POSITION THEY DO NOT, ITS BEEN THE CITY'S POSITION THAT THEY DO. WE'RE NOW IN CIRCUIT COURT OVER THAT ISSUE. I FOUND OUT THIS AFTERNOON THAT THE CITY HAS NOW PROPOSED TO CHANGE THE DEFINITIONS OF ADULT ENTERTAINMENT. NOW I FIRST AND FOREMOST THINK THAT SEEMS TO ME TO BE A TACIT ADMISSION THAT WE WERE RIGHT BEFORE THAT. [01:15:02] THEY DID NOT FALL INTO THAT DEFINITION BECAUSE WHY ELSE WOULD THEY BE CHANGING IT AT THIS POINT? BUT IT'S NOT COMMON AS AN ATTORNEY THAT YOU HAVE A LAW BEING PASSED THAT APPEARS TO BE DIRECTED AT ONE PARTICULAR CLIENT, BUT THAT APPEARS TO BE THE CASE HERE. MY CLIENT TRAPEZE IS A LONGSTANDING BUSINESS IN TAMARAC. THEY'VE BEEN HERE FOR ALMOST 15 YEARS. THEY'VE ALWAYS BEEN A SAFE AND RESPONSIBLE BUSINESS. THEY'VE NEVER BEEN A NUISANCE IN THE CITY. THEY CATER TO A MOSTLY MIDDLE AGE CLIENTELE OF COUPLES, AND IT'S ALWAYS BEEN MY BELIEF THAT CITY ORDINANCES SHOULD TRY TO HELP BUSINESSES RATHER THAN HINDER THEM IN THEIR GROWTH AND EXPANSION. THE DANGER WITH THESE PROPOSED CHANGES TO THE DEFINITIONS ARE THAT THEY COULD POSE A HARDSHIP FOR TRAPEZE MOVING FORWARD IF THEY WANTED TO MOVE THEIR LOCATION OR EVEN IF THEY WANTED TO EXPAND AND BUILD ONTO THEIR CURRENT LOCATION. PARTICULARLY, I TAKE ISSUE WITH THE CHANGE TO THE DEFINITION OF ADULT ENCOUNTER PARLOR, WHICH WAS THE CENTER OF OUR DISPUTE WITH THE CITY. THE PROPOSED CHANGE IS NOT IN LINE WITH HOW OTHER CITIES HAVE DEFINED THAT TERM. IT'S NOT IN LINE WITH HOW THAT TERM HAS BEEN HISTORICALLY USED IN THE ADULT ENTERTAINMENT INDUSTRY. WHAT THE CITY HAS DONE IS TAKEN THAT DEFINITION NOW AND MADE IT SO BROAD AND VAGUE THAT WOULD ENCOMPASS ALMOST ANY TYPE OF BUSINESS OR A LARGE NUMBER OF TYPES OF BUSINESSES. IT APPEARS THAT THIS IS BEING DONE DIRECTLY TO MY CLIENT AS A WAY TO TARGET THEM AND PULL THEM INTO THE DEFINITION OF THIS ONEROUS STATUTE THAT WE'VE BEEN FIGHTING WITH THE CITY ABOUT. SO I WOULD REQUEST THAT YOU VOTE NO ON THAT FIRST READING. >>THANK YOU VERY MUCH. WILLIAM GOUGHNET. >> WILLIAM GOUGHNET, 5106 BAYBERRY LANE, TAMARAC. MICHELLE, YOU AND I HAVE A LITTLE DISAGREEMENT ON HOW THIS COMMISSION SHOULD RUN. >> SENIOR ATTORNEY. >> I BELIEVE. [BACKGROUND] >> OF THE SPEAKER. THE RULES OF THE CITY, FOR EVERYONE'S RECOLLECTION, I'M GOING TO REPEAT THEM ARE NOT TO ADDRESS THE CITY COMMISSION AS A WHOLE, NOT INDIVIDUAL MEMBERS, OR TO ENGAGE IN ANY DISPARAGING OR NEGATIVE COMMENTS. THOSE ARE THE RULES. WE ASK THAT EVERYONE TO COMPLY WITH THEM INCLUDING SPEAKERS, INCLUDING BOARD MEMBERS. >> CAN YOU GO TO THE POINT THAT I WAS MAKING UP. MICHELLE YOU'RE NOT A DICTATOR. EVERYONE IN THIS PHI GET AN OPPORTUNITY. >> SENIOR ATTORNEY. [OVERLAPPING] >> I DON'T MEAN TO SPEAK FOR THE SPEAKER. HE HAS THE RIGHT. WHAT HE IS COMPLAINING ABOUT IS THE THREE-MINUTE LIMITATION. >> THEN HE CAN COMPLAIN IN GENERAL ABOUT THE THREE MINUTES [OVERLAPPING] AND WITHOUT THE OTHER COMMENTS. >> WHY DID HE NOT ASK FOR THE OTHERS TO VOTE ON THAT THEN? I FEEL LIKE WE DON'T HAVE A COMMISSION IF YOU'RE MAKING ALL THE DECISIONS. >> SPEAK IT TO THE MIC. BILLY HOLD THE MIC UP SO WE CAN HEAR YOU. >> I DON'T FEEL LIKE WE HAVE A COMMISSION IF YOU TRY TO MAKE ALL THE DECISIONS. THAT'S ALL I'M SAYING. NOW I WANT TO KNOW THE REALLY ANSWERS ABOUT WHAT HAPPENED BETWEEN YOU IN 13TH FLOOR. YOU HAVE NOT OFFERED ANY INDICATIONS OF WHAT HAPPENED THERE. >> CITY ATTORNEY. WE HAVE A PERSON AT THE PODIUM WHO IS MAKING UP STUFF. WOULD YOU LIKE TO SHARE WITH HIM [OVERLAPPING] >> THERE'S NOTHING MADE UP ABOUT IT. YOU KNOW, AS WELL AS I DO WHAT HAPPENED. >> YOU KNOW WHAT MR. GOUGHNET, IF YOU HAVE EVIDENCE OF WHAT YOU SO SPEAK PRESENT IT. BUT IN SO SUCH TIME, THAT IS NOT THE FLOOR. [OVERLAPPING] CITY ATTORNEY, WILL YOU PLEASE HANDLE THIS. >> I JUST SAID I'M GOING TO REPEAT THEM AGAIN. NO DISPARAGING REMARKS. >> I THINK I CAN DO THIS WITHOUT GOING RIGHT AT HER THEN. ALL FIVE OF YOU, I WANT TO KNOW WHAT YOUR DEFINITION OF CONFLICT OF INTERESTS IS. THAT'S QUESTION 1. NOW, I'D LIKE TO KNOW HOW MANY COMMUNICATIONS EVERYONE ON THIS DAYS HE'S HAD WITH 13TH FLOOR IN THE LAST FOUR YEARS AND YOU WE ELECTED YOU TO BE A [OVERLAPPING] [01:20:06] >> CITY ATTORNEY AT THIS POINT, I WOULD LIKE TO REQUEST THIS GUEST TO LEAVE THE ROOM RIGHT NOW, AND I WANT CONSENSUS ON IT. >> CITY ATTORNEY, ESPECIALLY HAS BEEN POINTED YOU. DO NOT POINT AT THE COMMISSIONS LIKE THAT [OVERLAPPING] >> HOLD ON EVERYONE. >> I AM ASKING FOR CONSENSUS TO HAVE THIS GUEST REMOVED BY THIS COMMISSION RIGHT NOW, MAYOR, AND THAT IS APPROPRIATE. >> WELL, THE CITY ATTORNEY HAS SAID THAT IS AN APPROPRIATE REQUEST. [OVERLAPPING] >> THE ATTORNEY IS NOT HANDLING IT. >> IT LOOKS TO ME LIKE HE'S HANDLING IT PRETTY WELL. >> I WOULD LIKE TO GET CONSENSUS MAYOR. >> CITY ATTORNEY HAS SAID THAT IS UP TO THE COMMISSION AT THIS POINT IN TIME. COMMISSIONER BOLTON, I KNOW YOU'RE ON THE PHONE. >> WHAT DO YOU WANT MAYOR? [LAUGHTER] >> I LIKE TO MAKE A MOTION TO REMOVE COMMISSIONER BOLTON FROM THIS COMMISSION. [OVERLAPPING] HIS DUTIES TO THIS COMMISSION IS INAPPROPRIATE BY NOT PAYING ATTENTION TO THIS MEETING. THERE'S A MOTION ON THE TABLE. [OVERLAPPING] >> LADIES AND GENTLEMEN IT IS 8:21. WE WILL RECESS TILL 8:30.SEE YOU IN NINE MINUTES. >> OKAY. >> LADIES AND GENTLEMEN, THERE ARE PEOPLE HERE WHO WISH FOR US TO GET TO THEIR ITEMS SO THEY CAN ALSO GO HOME. IT IS 8:32 AND WE ARE IN PUBLIC COMMENTS. >> I HAVE A CONSENSUS TO HAVE THE GUEST TO BE REMOVED AND I ALSO HAVE A MOTION TO REMOVE COMMISSIONER BOLTON FROM THIS MEETING. >> OKAY, SO COMMISSIONER VILLALOBOS HAS ON THE FLOOR THE FIRST ITEM REQUESTING CONSENSUS TO HAVE MR. GOUGHNET REMOVED FROM FINISHING HIS COMMENTS. COMMISSIONER BOLTON. >> MAYOR I WAS LOOKING UP. >> IT'S A SIMPLE YES OR NO. >> MAYOR PUT UP ORDER. WE ARE IN CONSENSUS AS OF THE MOMENT [OVERLAPPING] NOT DISCUSSION. >> I'M ASKING FOR A SIMPLE YES OR NO. THE CITY ATTORNEY HAS ALREADY STATED THAT THIS IS THE PROCEDURE AND THEREFORE, THIS IS THE PROCEDURE THAT IS BEING CONDUCTED. COMMISSIONER BOLTON, YES OR NO. >> MAYOR WHILE THE QUESTION WAS BEING ASKED, I WAS SEARCHING GOOGLE FOR THE- >> CITY ATTORNEY QUESTION FOR YOU. IN OUR RULES, WHEN THE RULES SAY WE HAVE A WAY TO HANDLE IT, WE'RE SUPPOSED TO HANDLE IT THAT WAY, NOT THE WAY THAT ANY ONE OF US WANT TO CONTINUE ON OUR WAY. PARLIAMENTARIAN, PLEASE ADVISE. >> THE REQUEST OR MOTION TO EVERYONE TO CHARACTERIZE IT IS TO HAVE THE SPEAKER REMOVED FOR FAILURE TO COMPLY WITH THE RULES OF THE DECORUM THAT GOVERN PUBLIC SPEAKERS. IT'S EITHER YES OR NO. >> COMMISSIONER BOLTON, YES OR NO? >> A POINT OF ORDER ATTORNEY. >> YES SIR. >> CITY ATTORNEY. >> REFERRING TO A CASE TO A CITY TO OUR NORTH, WHICH IS WHAT I WAS LOOKING UP ON GOOGLE WHILE THE QUESTION WAS BEING ASKED THE LAST TIME I WAS DISTRACTED BY THE SEARCH. THERE'S A CASE NORTH WHERE A GENTLEMAN OWNS A BOAT. HE WENT INTO THE CITY COMMISSION MEETING TO TALK ABOUT HIS BOAT OR SOME OTHER STUFF. THE CITY COUNCIL FROM THAT CITY, I THINK IT WAS DELRAY BEACH OR ONE OF THOSE CITIES, REMOVED HIM FROM THE MEETING. HE SUED THE CITY, THEN PROCEEDED TO THE SUPREME COURT AND WON. DO YOU RECALL THAT CASE? >> I'M FAMILIAR WITH THE CASE. >> OKAY. I WOULD CAUTION, AND THIS IS WHAT I WAS DOING, MY JOB TO MAKE SURE THAT I HAVE AN INFORMED VOTE, NOT JUST A POLITICAL ONE. I WOULD CAUTION THIS COMMISSION TO NOT REMOVE MR. WILLIAM FROM THE ROOM BECAUSE IT WOULD PUT THE CITY IN A BAD PLACE. HE COULD SUE BECAUSE WE WOULD BE ABRIDGING HIS RIGHTS. WITH THAT SAID, MY ANSWER IS NO. >> POINT OF ORDER MAYOR. [OVERLAPPING] >> CITY ATTORNEY. COMMISSIONER VILLALOBOS. [01:25:01] >> WHAT IS THE POINT OF US HAVING THIS HERE IF WE'RE NOT GOING TO FOLLOW THEM. WHEN I WAS IN FRONT OF YOU, CITY ATTORNEY, YOU WERE DISCUSSING WITH THE SPEAKER WHAT TO DO AND WHAT NOT TO DO. THEN HE WAS WARNED SEVERAL TIMES. YOU'RE TELLING ME THAT WE'RE GOING TO GET SUED BECAUSE SOMEONE DOES NOT WANT TO ABIDE BY OUR RULES, OUR LAWS, OUR GOVERNING LAWS THAT DETERMINE WHAT WE DO AND HOW WE DO IT? WHAT'S THE POINT OF THIS? IF YOU CAN EXPLAIN THAT PART JUST WHAT'S THE POINT- [OVERLAPPING] >> YES I WILL. THE STANDARD IN YOUR CODE FOR REMOVAL OF A MEMBER OF THE PUBLIC IS IN SECTION 2-29 D5, DISRUPTIVE BELLIGERENT OR ABUSIVE CONDUCT BY ANY MEMBER OF THE PUBLIC IS PROHIBITED AND SHALL NOT BE PERMITTED. THE NEXT SECTION, SUBSECTION 6, GOES ON TO SAY, ANY MEMBER OF THE PUBLIC WHO VIOLATES THIS SECTION MAY BE INSTRUCTED BY THE CITY COMMISSION TO REMOVE HIMSELF OR 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. THE QUESTION BEFORE YOU IS WHETHER OR NOT A MAJORITY OF THIS COMMISSION BELIEVES THAT THE SPEAKER HAS ENGAGED IN DISRUPTIVE, BELLIGERENT, OR ABUSIVE CONDUCT WARRANTING HIS REMOVAL? >> THEREFORE BY COMMISSIONERS BOLTON'S COMMENT ON A CASE THAT'S IRRELEVANT TO US BY HIM VOTING NO IS HE'S FAILING HIS DUTY TO FOLLOW THESE RULES THAT ARE IN OUR BOOKS? >> I DON'T BELIEVE THAT'S THE CASE. [OVERLAPPING] >> THAT IS THE CASE BECAUSE THIS IS IN OUR BOOKS THAT WE ABIDE BY. >> I BELIEVE THAT COMMISSIONER BOLTON'S NO VOTE IS THAT HE IS SAYING TO THIS BODY, THAT HE DOES NOT BELIEVE THE SPEAKER HAS ENGAGED IN DISRUPTIVE, BELLIGERENT, OR ABUSIVE CONDUCT. >> NO THAT'S WHAT YOU'RE [OVERLAPPING] SAYING CITY ATTORNEY. THAT'S NOT WHAT HE SAID. >> WELL, YOU'VE ASKED ME FOR MY UNDERSTANDING. I WAS ABOUT TO SAY THAT, BUT I WILL DEFER TO COMMISSIONER BOLTON FOR IF I'VE MISSTATED WHAT I BELIEVE HE SAID AND WHAT HE INTENDED BY WHAT HE SAID. >> GENTLEMEN, THE QUESTION BEFORE US IS ABOUT A SPECIFIC PERSON'S BEHAVIOR AND WHETHER OR NOT HE WAS FOLLOWING OUR CODE OF CONDUCT IN OUR ORDINANCES. THE LAW THAT WAS PUT BEFORE US BY ANOTHER PERSON ON THE DAY IS LAW BUT DEALS WITH SOME OTHER KIND OF TOPIC, NOT THE SAME TOPIC OR OUR RULES. IF COMMISSIONER BOLTON HAS DECIDED TO CAST HIS NO VOTE BASED ON FOR WHATEVER REASON HE BELIEVES, THAT IS HIS VOTE SO HE CAN REACH HIS DECISION WHETHER WE AGREE WITH HOW HE REACHES HIS DECISION OR NOT ON HIS OWN. THAT'S HIS OBLIGATION TO REACH THE DECISION BASED ON THE LAW. COMMISSIONER PLACKO. >> I AM NOT GOING TO SEE THE HEADLINES IN TOMORROW'S NEWSPAPER THAT SAYS WE HAVE REMOVED A RESIDENT. YOU ARE GOING TO BEHAVE NOW, ARE YOU NOT? YOU PROMISE ME? THANK YOU. >> I FEEL NO NEED TO CONTINUE FURTHER DOWN THE LINE. MR. KAUFMANN, I BELIEVE YOU. BECAUSE IF I KNOW THAT I'M A THIRD FOR CONSENSUS THEN I KNOW THAT I HAVE CONSENSUS. I DON'T NEED TO FURTHER GO DOWN THE LINE. I WILL FINISH MY COMMENTS, BUT I'M FINISHING MY COMMENTS AND IF COMMISSIONER GELIN REALLY NEEDS TO SPEAK, HE'LL SPEAK. THE FACT OF THE MATTER IS THERE'S THREE THAT BELIEVE AT THIS TIME THAT MR. GOFF HANNAN WILL NOT MAKE PERSONAL ATTACKS IN HIS COMMENTS. HE WILL MAKE HIS COMMENTS GENERAL AND BE HEARD AND FINISHED HIS LAST MINUTE OR 33 SECONDS BEFORE US. BUT IF WE SHOULD NEED TO PROCEED BECAUSE THE VICE MAYOR NEEDS TO HAVE COMMENTS ON THE RECORD BECAUSE HE HAS TO HAVE COMMENTS ON THE RECORD, THEN PLEASE VICE MAYOR COMMENTS ON THE RECORD. >> SURE. FIRST FOR THE CITY ATTORNEY, DOES THE RULES THAT WE HAVE HERE FOR PUBLIC PARTICIPATION, DOES THAT SUPERSEDE THE UNITED STATES CONSTITUTION, FREEDOM OF SPEECH FOR EVERY AMERICAN? >> THERE ARE LIMITS TO FREE SPEECH RIGHTS, SUCH THING THAT'S CALLED TIME PLACE, MANNER. THE COURTS, INCLUDING THE UNITED STATES SUPREME COURT, [01:30:02] HAS RENDERED OPINIONS THAT LOCAL GOVERNMENTS SUCH AS THIS BODY, HAVE THE RIGHT TO ADOPT REASONABLE RESTRICTIONS AND LIMITATIONS ON THE INTERACTION BETWEEN SPEAKERS AND ELECTED OFFICIALS. THE SPECIFIC PROVISION THAT I READ IN EARLIER SUBSECTION 5 IS A VERY COMMON, COMMONLY FOUND REGULATION OR LIMITATION ON BEHAVIOR OF SPEAKERS IN PUMP THESE TYPES OF PUBLIC SETTINGS AND WHETHER OR NOT SOMETHING ARISES TO BEING A VIOLATION THAT STANDARD THAN IS IN MANY INSTANCES AND ISSUE FACT BASED UPON TRANSCRIPT, RECORD IT. >> BUT IN GENERAL, WE ALL HAVE FREEDOM OF SPEECH EXCEPT WE CAN'T YELL FIRE IN CERTAIN CIRCUMSTANCES, THAT'S CORRECT. >> CORRECT AND IN THE CONTEXT OF LOCAL GOVERNMENT, YOU CAN IN FACT HAVE SOMEONE REMOVED FOR ENGAGING IN DISRUPTIVE, BELLIGERENT OR ABUSIVE CONDUCT. POINT BEING IS THAT SOME PEOPLE'S VIEW OF DISRUPTED BELLIGERENT, OR ABUSIVE CONDUCT MAY BE DIFFERENT FROM OTHERS. >> CORRECT. >> THAT'S ULTIMATELY WHAT GETS DECIDED IN A COURT OF LAW. >> THE LAW ALSO STATES THAT WHEN PEOPLE ARE ON SOCIAL MEDIA CURSING US OUT, SAYING BAD THINGS ABOUT US. WE ARE NOT ALLOWED TO DELETE THE COMMENTS OR REMOVE THE COMMENTS BECAUSE SUNSHINE LAW SAYS THAT WE HAVE TO GIVE PEOPLE THEIR FREEDOM OF SPEECH. IS THAT CORRECT? >> THAT'S CORRECT. >> I THINK THE SAME SHOULD APPLY. I'M NOT GOING TO INFRINGE UPON THE RIGHTS OF MR. GOFF HANNAN, WHO IS A RESIDENT OF MY DISTRICT IN DISTRICT 2, FROM SPEAKING FREELY AND EXPRESSING HIMSELF. NO, I'M NOT GOING TO VOTE TO REMOVE HIM FROM CITY HALL WHERE HE PAYS TAXES AND HE PAYS OUR SALARY. >> THANK YOU. >> THANK YOU, MAYOR GOMEZ. >> MR. KAUFMANN, PLEASE PROCEED. >> NOW, I DID ASK THE ONE QUESTION ABOUT A CONFLICT OF INTERESTS. THE LAWYER SAYS IT'S ALREADY ON THE BOOKS, OF COURSE IT IS. BUT I WANT TO KNOW FROM EACH ONE OF YOU. THAT'S OKAY. I CAN ASK THEM ALL THE SAME QUESTION. SURE. I WANT TO KNOW WHAT ALL OF YOU DEFINE AS CONFLICT OF INTERESTS. NOW ONE CONFLICT OF INTERESTS IS FINANCIAL, ANOTHER'S PERSONAL. NOW IF YOU'VE GOT THEM BOTH, YOU NEED TO REFRAIN FROM VOTING ON THAT. NOW THAT'S MY OPINION. THE LAWYER MAY COME UP WITH SOMETHING DIFFERENT. I KNOW HE'S BEEN TO LAW SCHOOL. I HAVEN'T BEEN TO LAW SCHOOL. I HAD ONE YEAR ON LAW BUT THAT ONE-YEAR OF LAW TOLD ME THAT IF THINGS DON'T LOOK RIGHT, THEY'RE PROBABLY NOT. ALL I WOULD ASK IS THAT AS THIS WHOLE ELECTION CYCLE GOES ON, I WOULD LIKE TO SEE EVERYONE DO THEIR OWN BUSINESS AS OPPOSED TO PEOPLE TRYING TO PLAY A ROLE IN OTHER PEOPLE'S BUSINESS, THAT WORKS? BECAUSE THERE ARE THREE RACES GOING ON HERE AND I PERSONALLY DON'T BELIEVE SOMEBODY SHOULD BE DABBLING AT ALL LEVELS. ONCE AGAIN, I DIDN'T NAME NAMES. >> THANK YOU MR. KAUFMANN. >> THANK YOU. HAVE A NICE EVENING. >> YOU TOO GET HOME SAFELY. MR. EUGENE. >> MAYOR, THERE'S A MOTION ON THE TABLE. >> BEFORE THE BREAK, COMMISSIONER VILLALOBOS HAD A MOTION ON THE TABLE TO REMOVE COMMISSIONER BOLTON FROM THE DESK. THIS ITEM DOES FAIL FOR A LACK OF SECOND. >> I WOULD LIKE TO MAKE MY COMMENTS BEING ON THE PHONE WHILE TEXTING EACH OTHER. >> CITY ATTORNEY WHAT IS THE PROPER. I'M GOING TO REPHRASE. I'M GOING TO ASK FIRST OF ALL, JUST PLEASE KEEP OFF. >> WEREN'T PROBABLY COMMENTS SECTION A MOTION WAS MADE FAILED FOR A SECOND. I UNDERSTAND THAT COMMISSIONER VILLALOBOS WANTS TO EXPLAIN WHY HE MADE HIS MOTION BUT RIGHT NOW, THE SECTION OF THE AGENDA WE'RE IN IS PUBLIC COMMENT. >> I WAS TOLD THAT WHEN IT HAPPENS TO DO IT AT THAT MOMENT. >> THAT IS CORRECT. BECAUSE I DID IT AT THAT MOMENT. [01:35:02] THE REASON FOR THAT MOMENT WAS BECAUSE COMMISSIONER BOLTON IS ON HIS PHONE TEXTING MR. GALLON HERE, BACK-AND-FORTH, NOT PAYING ATTENTION. >> THERE ARE NO TEXTS GOING ON BETWEEN MYSELF AND COMMISSIONER BOLTON. >> GENTLEMEN HERE'S THE THING I CALLED, REASSESS IN THE MIDDLE OF COMMISSIONER VILLALOBOS TRYING TO PUT THIS MOTION FORWARD. WE'RE IN HIS MOTION. HE WAS THE EXPRESSIVE OF WHAT HIS CONCERNS WERE FOR WHY HE WAS PUTTING FORTH THE MOTION. >> FROM WHAT I'M HEARING FROM WHAT COMMISSIONER VILLALOBOS HAS SAID, VERY CLEARLY, I THINK THE APPROPRIATE THING FOR COMMISSIONER VILLALOBOS IS AFTER THE MEETING IS TO MAKE A PUBLIC RECORDS REQUEST OF THE CITY CLERK FOR BOTH COMMISSIONER GALLON'S TEXT MESSAGES DURING THIS TIMEFRAME AS THEY RELATE TO CITY BUSINESS AND THE SAME OF COMMISSIONER BOLTON. I HAVE INFORMED ALL OF YOU, IN FACT VERY RECENTLY THAT SUCH COMMUNICATIONS ARE A VIOLATION OF THE SUNSHINE LAW. IF THEY MATCH UP AND THERE ARE IN FACT, OUR COMMUNICATIONS, THAT'S A VIOLATION OF THE SUNSHINE LAW. I WOULD CERTAINLY SUGGEST THAT IF THERE IS SUCH EVIDENCE THAT COMMISSIONER VILLALOBOS OR ANY OTHER PERSON CAN IMMEDIATELY TAKE THAT INFORMATION TO THE STATE ATTORNEY'S OFFICE AND FILE A FORMAL COMPLAINT. >> MR. CITY ATTORNEY, WHAT ABILITY DOES THIS DO WE HAVE TO STATE ALL PHONES UP HERE AND DON'T TOUCH SO WE CAN GET TO THE BUSINESS OF THE CITY AND NOT HAVE ANYBODY DISTRACTED BY THE SAME MAY WE? >> IN A RELATED MATTER. I'VE SAID ON SEVERAL TIMES IN THE PAST, THAT IN THE VERY NEAR FUTURE. WHEN I SAID VERY NEAR FUTURE, WE'RE SUGGESTING THE NEXT MEETING, NEXT WORKSHOP, IS THAT WE'RE GOING TO BRING FORWARD A MEMO AND RAISE ALL THESE ISSUES FOR YOU ALL TO ADDRESS AND IF YOU FEEL APPROPRIATE TO UPDATE YOUR RULES OF PROCEDURE. I DO KNOW MANY MUNICIPALITIES THAT HAVE IN THEIR RULES OF PROCEDURE THAT YOU TURN OFF YOUR PHONES DURING THE MEETING SO YOU'RE NOT DISTRACTED IN THE VIEW OF OTHERS, IF THAT IS THE DIRECTION AND THE CONSENSUS OF THIS COMMISSION TO DO SO, WE'LL PUT THAT IN THE RULES OF PROCEDURE, AND THAT'LL BE THE END OF THAT. >> THANK YOU. AT THIS TIME, SINCE WE HAVE NO RULES THAT GOVERN IT, GENTLEMEN, I SAY THE LADIES HAVE ALREADY DONE IT. IF YOU WOULD PUT YOUR CELL PHONES AND IF YOU HAVE TWO, WHICH WE KNOW SOME DO, PLEASE, IT'D BE VERY KIND OF YOU TO PUT YOUR CELL PHONES RIGHT UP HERE SO EVERYBODY KNOWS THAT YOU'RE FOCUS ON THIS EVENING. AT THAT POINT, WE WILL NOW GET TO MR. EUGENE ECKLEY. PLEASE. TAKE YOUR TIME AND WHEN YOU GET DOWN HERE, YOUR NAME AND LOCATION FOR THE RECORD. I UNDERSTAND THAT YOU WANT TO SPEAK ON SOMETHING LATER ON IN THE AGENDA THAT IS NOT FOR PUBLIC SPEAKING SO YOU'RE SPEAKING HERE AT THIS TIME. THANK YOU. >> GOOD EVENING. MY NAME IS EUGENE ECKLEY, 5980 NORTHWEST 64TH AVENUE, NUMBER 30633319. I WANT TO ADDRESS TWO ITEMS, [NOISE] RELATED TO 10A. THE FIRST ONE HAD TO DO WITH AMENDING L HUD LOCAL HOUSING ASSISTANCE PLAN. I WANTED TO MENTION IF YOU'RE NOT AWARE YET THERE WAS AN ARTICLE A COUPLE OF DAYS AGO IN THE MIAMI HERALD ENTITLED MIAMI-DADE MAYOR THROWS A BUCKET OF COLD WATER ON RENT CONTROL MAYBE FOR GOOD REASON. SHE RECOMMENDS SOMETHING IN THERE A NEW PROGRAM THAT SHE'S PROMOTING AS AN ALTERNATIVE TO RENT CONTROL, SHE ENTITLED HOMES. I THINK THAT THERE ARE VERY GOOD THINGS, INTERESTING APPROACHES IN THERE THAT YOU MAY WANT TO MAKE YOURSELF AWARE OF. SO I'M GOING TO SUBMIT ONE COPY AND EITHER YOU CAN MAKE COPIES OR YOU CAN LOOK IT UP ON THE INTERNET. THE SECOND THING IS IT SAYS CREATE A PROGRAM TO USE FUNDS TO ASSIST THOSE HOUSEHOLDS WHOSE RENTAL INCREASE EXCEEDS 5 PERCENT. I WANT TO SUPPORT THEM AND JUST QUICKLY LIST MY OWN PERSONAL EXPERIENCE AND ANECDOTAL INFORMATION BUT [01:40:04] UNFORTUNATELY I DO BELIEVE IT'S REPRESENTATIVE IN 2020 WHEN I FIRST MOVED INTO THIS MY CURRENT LOCATION. BETWEEN 2020 AND 2021 MY RENT WENT UP 5.2 PERCENT. THE SECOND YEAR 2021 TO 2022 IT WENT UP 8.7 PERCENT. MY NEW LANDLORD HAS JUST INFORMED ME THAT NEXT YEAR IT'S QUITE LIKELY TO GO UP BY ANOTHER 11.5 PERCENT FOR A TOTAL OVER THREE YEARS OF 31.5. IF I LOOK AT YOUR PAGE 1,262 BROWARD COUNTY MARKET RENT BY BEDROOMS. I'M JUST AT THE VERY BEGINNING OF WHAT'S LIKELY TO HAPPEN IN FUTURE YEARS. I THINK PEOPLE ON A FIXED INCOME REGARDLESS TO SUCH AS SOCIAL SECURITY AND MAYBE SAVINGS, REGARDLESS OF THE FACT IF THEY'RE IN A 55 PLUS COMMUNITY THAT IS NOT GOING TO PROVIDE MUCH IF ANY PROTECTION TO THEM IN TERMS OF FUTURE RENT INCREASES. I'M COMPETING WITH OTHER PEOPLE AGED 55-67 WHO ARE STILL WORKING, WHO'S INDIVIDUAL AND CERTAINLY FAMILY INCOME IS LIKELY TO BE A MULTIPLE OF MINE. AS YOU CAN GUESS I'M NOT GOING TO BE ABLE TO COMPETE. I'M NOT STANDING HERE TRYING TO PLAY POOR BOY BECAUSE THERE'S A LOT OF PEOPLE IN A WORSE SITUATION THAN ME IN OUR COMMUNITY RIGHT NOW, AND [NOISE] MORE IMMEDIATE NEED. THANK YOU FOR YOUR TIME. >> THANK YOU VERY MUCH WE APPRECIATE YOU BEING HERE TONIGHT. IF YOU WERE NOT STAYING WILL TAKE CARE OF THAT. CITY CLERK WILL COME GET THAT FROM YOU. YOU CAN JUST GIVE IT TO JIM AND HE'LL TAKE CARE OF GETTING INTO THE CLERK. THANK YOU. >> THANK YOU. >> THANK YOU. RONALD WASSERMAN. >> RONALD WASSERMAN. I LIVE AT 8577 J DRIVE HERE IN TAMARAC, 33321. I LIVE IN THE COMMUNITY OF SHANGRI-LA. MADAM MAYOR BEFORE I SPEAK ABOUT A FEW IMPORTANT THINGS I WOULD JUST LIKE TO GIVE HOMAGE TO A MEMBER OF OUR COMMUNITY. THIS IS IN MEMORY AND MANY KNOW OF STANLEY PANAMAN. I HAVEN'T BEEN ABLE TO SPEAK FOR THE PAST FEW MONTHS DUE TO CERTAIN ISSUES. STANLEY PANAMAN THANK YOU FOR YOUR SERVICE THROUGH OUT YOUR LIFE. MEMBER OF THE MARINE CORPS FROM 1961 TO 1964. STANLEY SERVED AND RESPECT OTHERS, CARE FOR ALL, VOLUNTEER OFTEN, [NOISE] AND LISTEN WELL AND BE KIND. I ASK ALL THE PEOPLE OF MY COMMUNITY TO TAKE THAT TO HEART, PLEASE. MADAM MAYOR THROUGH THE CHAIR I'D LIKE TO SPEAK TO, ELVIN VILLALOBOS MY COMMISSIONER IF I MAY. >> [BACKGROUND] >> THANK YOU. I HAVE ASKED THROUGH THE CHAIR. >> YES, BUT FOR TONIGHT IF YOU WOULD IN GENERAL, PLEASE. >> BY THE WAY I KNOW WHO GARBAGE RULES OF ORDER AND ALL THOSE GOOD THINGS. WHOSE HAVING A REAL HARD TIME WITH THAT SO INSTEAD OF BEING NEGATIVE I'LL BE MORE POSITIVE. I'M GOING TO SPEAK ABOUT TWO THINGS RIGHT NOW AND I HAVE ONE MINUTE TO SAY, IT THERE IS THE DEVIL WORKING IN OUR COMMUNITY AND THAT IS CANCER. I'M ASKING ANYONE WHO CAN HEAR MY VOICE GET TESTED, PLEASE. I'M A COLON CANCER SURVIVOR. THE OTHER IS FOR YOU LADIES BREAST CANCER, PLEASE MONITOR YOURSELVES. I DON'T HAVE MUCH MORE TO SAY EXCEPT I'M [01:45:02] A LONGTIME RESIDENT IN THIS COMMUNITY AND THERE ARE CERTAIN BASIC ISSUES THEY WILL NEVER GO AWAY. GARBAGE, LAW ENFORCEMENT, THOSE BASIC TYPE OF THINGS SO THANK YOU VERY MUCH FOR LISTENING TO ME. I'VE SPOKEN WITH YOU AS YOU KNOW ALL OF YOU MANY TIMES. THANK YOU FOR LISTENING. >> THANK YOU VERY MUCH. MR. YODER. [LAUGHTER] >> I KNOW MY COMMISSION BY THE WAY I AM SO SORRY. >> IT'S ALL GOOD. >> ONE THROUGH FOUR. [LAUGHTER] >> MR. YODER THE FLOOR IS YOURS. >> MEL YODER KINGS POINT, TAMARAC. MADAM MAYOR, COMMISSIONERS I WAS GOING TO OBVIOUS AT MONDAY'S MEETING AND TONIGHT'S THAT TWO COMMISSIONERS REFUSED TO PARTICIPATE IN CONDUCTING THE CITY BUSINESS OTHER THAN GRANDSTANDING AND CREATING SOUNDBITES. WE ARE TIRED OF THE CONTINUED DISRESPECT THEY SHOW THE MAYOR, THE OTHER COMMISSIONERS, THE CITY EMPLOYEES AND THE RESIDENTS. WE REQUEST THAT THEY FINALLY DO SOMETHING POSITIVE THAT WILL BENEFIT THE CITY AND RESIGN. CITY COMMISSION MEETING FEBRUARY 9, 2022 AGENDA ITEM 10B, INCREASING THE MAXIMUM NUMBER OF HOURS FOR COMMUNITY ENGAGEMENT LIAISONS REQUESTED BY VICE MAYOR GELIN. CITY COMMISSION MEETING FEBRUARY 23, 2022 AGENDA ITEM 10A, INCREASING THE MAXIMUM NUMBER OF HOURS FOR COMMUNITY ENGAGEMENT LIAISONS REQUESTED BY VICE MAYOR GELIN. CITY COMMISSION MEETING MARCH 9, 2022 AGENDA ITEM 10B, DIRECTION TO DIRECT STAFF TO ESTABLISH THE TRAVEL SOCCER TEAM REQUESTED BY VICE MAYOR MIKE GELIN. CITY COMMISSION MEETING APRIL 13, 2022 AGENDA ITEM 10B, DIRECTION TO DIRECT STAFF TO ESTABLISH THE TRAVEL SOCCER TEAM REQUESTED BY VICE MAYOR MIKE GELIN. CITY COMMISSION MEETING FEBRUARY 23, 2022 AGENDA ITEM 5A COMPREHENSIVE DISPARITY STUDY ANALYSIS AWARD ADOPTION REQUESTED BY VICE MAYOR GELIN. TAMARAC TALK NEWS ARTICLE DATED FEBRUARY 24, 2022. PICTURES FROM THE CITY OF TAMARAC WEBSITE FROM THE VETERANS DAY CEREMONY THURSDAY NOVEMBER 11TH, 2021. WHAT YOU SAY AND DO AT PUBLIC EVENTS IS PUBLIC INFORMATION AND READILY AVAILABLE TO ANYONE. SOMEONE WHO DEMONSTRATES THEIR INABILITY TO DEBATE ISSUES JUSTIFY ANY OTHER POSITIONS SHOW A TOTAL LACK OF CHARACTER AND RESORTS TO NAME CALLING IS NOT FIT TO SERVE THE CITY IN ANY CAPACITY. NO ONE SHOULD BE A COMMISSIONER IF THEY CALL ANY TAMARAC RESONANCE LIARS IN PUBLIC ESPECIALLY IN FRONT OF 300 OTHER RESIDENTS. IT IS ESPECIALLY FOOLISH AND RECKLESS FOR A COMMISSIONER TO CALL A RESIDENT A LIAR WHEN THERE'S INFORMATION READILY AVAILABLE ON THE CITY'S WEBSITE AND NEW SOURCES TO SUPPORT THE RESIDENTS POSITION OR QUESTIONS. THANK YOU. >> THANK YOU MR. YODER. DARCY SCHILLER. >> DARCY SCHILLER, KINGS POINT. I WAS AT THE BUDGET MEETING OR WHATEVER IT WAS WORKSHOP MONDAY NIGHT AND I HAVE A FEW COMMENTS. THERE WAS DISCUSSION ABOUT A MILLAGE RATE BEING LOWERED FROM 7.2-7.1 TO SAVE THE CITY $500,000. WELL, LET'S TAKE A LOOK AT THAT IN A SECOND. IF WE TAKE AWAY THE 25,000 FOR MISCELLANEOUS SPENDING, MULTIPLY THAT BY FIVE, IT'S 125,000. IF YOU GET RID OF THE CARIBBEAN, LATIN, AFRICAN AMERICAN AND ONLY HAVE THE ALL-IN-ONE ACTIVITY, THAT WOULD GET RID OF ANOTHER $225. IF WE LOWER THE TRAVEL BUDGET CONSIDERABLY AND I TRAVEL, CAR ALLOWANCE, THAT'S ANOTHER 8,400. I GOT THE NUMBER 4,200. BOTTOM LINE IS, IT'S $467 THAT WE WOULD SAVE IF WE TOOK AWAY SOME OF THE PERKS. WE LOWERED THE SALARIES A LITTLE BIT, [01:50:01] WE TOOK AWAY ALL THE EVENTS. WE DON'T NEED TO TAKE AWAY FROM THE CITY STREETS. PEOPLE NEED TO GO TO WORK. THEY NEED TO FUNCTION. THEY NEED TO LIVE IN A CITY THAT WILL BE ATTRACTIVE. LOWERING THE MEAL FROM 7.2-7.1 IS SO NEGLIGIBLE. YOU ALREADY TALKING ABOUT $14 A HOUSEHOLD. THAT'S DIDDLY SQUAT. THAT'S MY COMMENT ON THAT. COMMENTS TO TONIGHT, SPENT AN HOUR WASTING OUR TIME ABOUT THIS WHOLE CERNECH THING AND SHOULD THERE BE AN AUDIT AND ALL THIS OTHER NONSENSE. FIRST OF ALL, I THINK THE STATE ATTORNEY SHOULD BE HANDLING THAT, NOT THE CITY COMMISSION. IF THE CITY COMMISSION FEELS IS AN ISSUE, BRING IT TO THE STATE ATTORNEY, LET THEM DO THEIR JOB. IF THEY DON'T FEEL THERE'S ANYTHING, THERE'S NOTHING TO BE DONE. THE OTHER THING I WANT TO MENTION, AND I DON'T HAVE RECORDS QUITE LIKE YOU DO. BUT I REMEMBER READING VERY DISTINCTLY THAT WHEN CERNECH WAS UNDER SCRUTINY, HE SAID SOMETHING TO THE EFFECT AND I'M PARAPHRASING, I'VE GOT BOLTON UNDER CONTROL. I'LL TAKE CARE OF BOLTON, YOU LEAVE HIM TO ME. THAT'S WHAT CERNECH SAID. WHEN YOU START LOOKING INTO CERNECH, ARE WE GOING TO START FINDING PROBLEMS WITH THE COMMISSION MEMBERS? THAT'S THAT. >> ATTORNEY, IN THE SAME WAY YOU ADDRESSED WILLIAM. >> ALL THE COMMENTS, UNLESS THERE IS A FACTUAL BASIS FOR THE STATEMENT, I'VE ALWAYS SAID NO SPEAKER SHOULD BE EITHER ON THIS SIDE OF THE DANCE OR ON THAT SIDE. WITH THAT SAID, WE CAN CHECK, BUT I DO KNOW THAT THAT IS IN ONE OF THE DOCUMENTS THAT WAS FILED BY THE STATEWIDE PROSECUTOR IN THE PENDING CASE, THAT THERE WAS A REFERENCE TO TEXT BETWEEN THE PRIOR CITY MANAGER AND HIS ALLEGED CO-CONSPIRATORS REGARDING THAT ISSUE. I CAN'T SPEAK TO WHAT IT WAS BECAUSE I DON'T HAVE IT BEFORE ME. >> IT'S FACTUAL. >> I BELIEVE THE SPEAKER IS REFERENCING AN ARTICLE THE SPEAKER HAS SAID TO THE SAME. THERE IS THAT IT IS NOT BEING DIRECTED TO ANYBODY ON THE COMMISSION. IT IS REFERENCING AN ARTICLE AND AT THIS POINT IN TIME, YOU'VE GOT 30 SECONDS, PLEASE PROCEED. >> MY UNDERSTANDING IS THAT ARTICLE, TO THE EXTENT THAT THAT IS WHAT DR. SCHILLER IS REFERRING TO THE INFORMATION IN THE PUBLIC RECORDS THAT WERE FILED BY THE STATEWIDE PROSECUTOR. BEYOND THAT, I CAN'T COMMENT AND I'M SURE THAT DR. SCHILLER IS READY TO MOVE ON. >> CORRECT. THE LAST TWO COMMENTS ARE TO THE COMMISSION IN GENERAL, WHICH IS, AND YOU KNOW WHO YOU ARE. I DON'T NEED TO POINT YOU OUT AND I WILL NOT POINT YOU OUT. BUT TOM WATER WAS VERY ACCURATE WHEN HE MAKES MENTIONED TO SEVERAL OF OUR COMMISSIONERS MAKING THIS A CIRCUS. THAT'S THAT. LAST THING I WOULD JUST EMPHASIZE THAT OUR CITY ATTORNEY, THANK YOU FOR SUPPORTING ME, BUT I WOULD EMPHASIZE THAT YOU PLEASE TOUCH BASE WITH THE STATE ATTORNEY AND GET A CLEAR DEFINITION OF FORENSICS. THANK YOU AND HAVE A GOOD EVENING. >> THANK YOU. THE NEXT PERSON WHO'S SIGNED UP TO SPEAK IS LOGAN APOSTHAL. I APOLOGIZE IF I MISPRONOUNCED YOUR NAME, BUT I BELIEVE YOU'RE HERE FOR PUBLIC COMMENTS DURING AN ITEM THAT'S SPECIFICALLY PUBLIC HEARING. I WILL HOLD YOU OFF UNTIL THAT. THANK YOU. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO DID NOT GET A CHANCE TO SPEAK WHO WISHES TO SPEAK? MR. WEBSTER, COME ON DOWN. IS THERE ANYBODY ELSE AFTER MR. WEBSTER THAT WISHES TO SPEAK THAT HAS NOT SIGNED IN THAT WISHES TO SPEAK? [NOISE] ALL RIGHT, NO ONE'S ON DECK. >> STILL WEBSTER, VERSAILLES GARDENS. WHENEVER I WANT TO GET MY MASOCHISTS ON, I COME HERE. MADAM MAYOR, PERSONS ON THE DAIS PROTOCOL OBSERVED. IT'S ALMOST VOTING TIME AND THERE ARE CANDIDATES WHO ABSOLUTELY NOBODY IN THE CITY AND, OR KNOWS ABOUT, YET FEEL THAT THEY KNOW ENOUGH ABOUT OUR FAIR CITY TO MERELY SHOW UP WITH ABSOLUTELY NO SOLID POLITICAL OR RELEVANT TAMARAC COMMUNITY QUALIFICATIONS AND RUN FOR ELECTIONS. WOW. AS FAR AS I'M CONCERNED FROM THIS PERSPECTIVE, [01:55:03] I SEE ONLY ONE TAMARAC QUALIFIED CANDIDATE WHO JUSTIFIES BEING UNDER 2022 BALLOT. [NOISE] AS FOR THE OTHERS, THERE'S NO CANDIDATE WHO HAS THE DIPLOMATIC SKILLS AND ANY STRONG AND DEEP COMMUNITY ROOTS AND OR ORGANIZATIONAL MEMBERSHIPS THAT WOULD QUALIFY THEM TO EVEN STAND FOR A COMMISSIONER IN TAMARAC. IN MY PRECINCT, MY COMMISSIONER HAS NEVER EVEN GONE SLUMMING THROUGH PLACES LIKE CONCORDE VILLAGE, VERSAILLES GARDENS, ROCHA, SPECTRA, FAIR HAVEN. NOW THAT PERSON IS RUNNING TO BE TAMARAC'S BIG KAHUNA. WHY ARE THESE PEOPLE IN THE RACE? FROM MY PERSPECTIVE, THEY FALL INTO ONE OR MORE OF THESE CATEGORIES. MAINLY TO CLIMB FROM UNDER A RACK AND JUMP INTO THE RACE TO DILUTE ANOTHER CANDIDATE'S VOTING BASE, BURNISH THEIR EGOS AND, OR ARE A SINGLE ISSUE CANDIDATE WITH TONS OF FUNDING AND STRATEGIC DRAMA WHO PROBABLY WILL BE BORED AFTER THAT MATTER IS DEALT WITH, AND THEN THE WAY THAT HE OR SHE WANTS. THE SMOKE-FILLED BACK ROOMS IN BROWARD ARE FILLED WITH COLLUSION, AND WE HAVE BEEN SEEING THIS FOR QUITE A WHILE AS IT CONTINUES. THE CANDIDATES ARE JUST A FACADE WITH OTHERS BEHIND THE SCENES, PULLING THE STRINGS BEFORE AND AFTER THE ELECTION. HECK, THIS IS NOTHING NEW AND IT HAS WORKED IN THE PAST, IN THE NEAR PAST, AND IN OTHER CITIES CLOSE BY. FINALLY, ONE KEY INGREDIENT IN ALL OF THIS IS THAT THESE CANDIDATES FIGURE THAT WE, THE VOTERS, ARE STUPID, APATHETIC, AND ARE DISILLUSIONED. THIS IS THE MAIN INGREDIENT AND HOW THE CABAL CONTINUES TO BE SUCCESSFUL. I LOOK FORWARD TO SEEING HOW NOVEMBER TURNS OUT. HAVE A GOOD EVENING. >> THANK YOU, MR. WEBSTER, YOU HAVE A GOOD EVENING AS WELL. I WILL ASK ONE MORE TIME. IS THERE ANYBODY ELSE WHO WISHES TO SPEAK IN PUBLIC COMMENTS? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED AND WE WILL MOVE TO OUR CONSENT AGENDA. [4. CONSENT AGENDA] CITY MANAGER, [NOISE] ARE THERE ANY FURTHER ADDITIONS OR DELETIONS TO THE AGENDA? >> NO, MA'AM. >> THANK YOU. I DO SEE THAT THE VICE MAYOR HAS LIGHT HIS LIGHT. WHICH ONE OR ONES WOULD YOU WISH TO PULL? >> YEAH. [NOISE] THANK YOU, MADAM MAYOR, I WANT TO PULL ITEM 4F AND ITEM 4P. >> ITEMS 4FTR13830 RESOLUTION C, TAMARAC WILL BE PULLED. I'M NOT GOING TO READ THE WHOLE THING. ITEM 4PTR13844 THAT ITEM WILL BE PULLED. DO I HAVE A MOTION AND A SECOND? >> MADAM MAYOR, I'D LIKE TO PULL AN ITEM AND THAT WOULD BE ITEM 4NTR13793. >> ITEM 4NTR13793 HAS BEEN PULLED. ANY OTHER ITEMS BEING PULLED FROM THE CONSENT AGENDA? SEEING NONE, I NEED A MOTION AND A SECOND FOR THE CONSENT AGENDA AS AMENDED. >> MOVED. >> COMMISSIONER BOLTON HAS MOVED. >> SECOND. >> VICE MAYOR, SECOND. CITY CLERK, PLEASE CALL THE ROLL WHEN YOU HAVE THE MOMENT. I KNOW YOU'RE MARKING THINGS DOWN IT'S ALL GOOD TAKE YOUR TIME. >> THANK YOU, MADAM MAYOR. VICE MAYOR GELIN. >> YES. >> MAYOR GOMEZ. >> YES. >> COMMISSIONER VILLALOBOS. >> YES. >> COMMISSIONER BOLTON. >> YES. >> COMMISSIONER PLACKO. >> YES. >> MOTION PASSED 5-0 AS AMENDED. >> THANK YOU. I AM GOING TO START WITH 4P, [4.p TR13844 - A Resolution of the City Commission of the City of Tamarac, Florida, urging the Biden Administration to extend temporary protected status (“TPS”) designation for Hondurans and to declare a new initial TPS designation date for Hondurans; providing for conflicts; providing for severability; and providing for an effective date.] CITY ATTORNEY, DO I NEED TO? I'M GOING TO START WITH 4P CR13844 PLEASE READ THE TITLE FOR THE RECORD. >> SURE. MADAM MAYOR, MEMBERS OF THE COMMISSION AND RESOLUTION CITY, COMMISSIONER CITY OF TAMARAC, FLORIDA URGING THE BIDEN ADMINISTRATION TO EXTEND TEMPORARY PROTECTED STATUS TPS DESIGNATION FOR HONDURAS AND THEN DECLARE A NEW INITIAL TPS DESIGNATION DATE FOR HONDURANS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> MAY I HAVE A MOTION AND A SECOND. >> MOTION TO APPROVE. >> SECOND. >> MOTION BY VICE MAYOR, SECOND BY COMMISSIONER BOLTON. DOES THIS ITEM NEED DISCUSSION? >> I JUST WANT TO MAKE SOME COMMENTS. >> VICE MAYOR. >> THANK YOU. THIS ITEM IS VERY IMPORTANT FOR THE FOUNDER OF THIS NON-PROFIT AND I WILL SHARE WHAT THE COMMISSION. TIME WE GOT FIVE MINUTES. I JUST WANT TO MAKE SURE I'M NOT TRYING TO CHEAT. [02:00:06] >> [BACKGROUND] >> HERE WE GO. AGAIN, I WANT TO THANK FIRST COMMISSIONER BOLTON AND COMMISSIONER PLACKO FOR APPROVING HAVING THIS RESOLUTION DONE AND JUST WANT TO TALK ABOUT THE IMPORTANCE AGAIN. THEY WERE MEMBERS OF THE COMMISSION THAT FELT THAT THIS WAS TOO POLITICAL TO VOTE ON, BUT WHO IS SUPPOSED TO MAKE POLITICAL DECISION AND IF IT'S NOT THE POLITICIANS? WE HAVE A GROUP OF FOLKS FROM HONDURANS, THAT LIVE IN THE UNITED STATES THAT APPRECIATES THIS GESTURE THAT THIS COMMISSION IS DOING AND LET ME JUST READ A FEW COMMENTS FROM A LETTER THAT WAS SENT TO PRESIDENT BIDEN. WITH THE MEMBERS OF FOUNDATION, 15TH OF SEPTEMBER I CAN'T SAY IT IN SPANISH, AND ORGANIZATION REPRESENTING HONDURAN NATIONAL LIVE IN THE UNITED STATES RESPECTFULLY REQUESTS US GOVERNMENT RENEW THE CURRENT DESTINATION OF HONDURANS AS FOREIGN STATE PROTECTED UNDER A TEMPORARY PROTECTED STATUS OR TPS PROGRAM SET FORTH IN SECTION 244 OF THE IMMIGRATION AND NATIONALITY ACT. THEY GO ON AND JUST SAY 22 PERCENT OF THE GROSS DOMESTIC PRODUCT OF HONDURANS COMES FROM MIGRANTS, REMITTANCES FROM THE CENTRAL BANK OF HONDURAS TOTALING MORE THAN $5.7 BILLION. I WILL SHARE WITH THE COMMISSION A LETTER THAT WAS SENT TO JOE BIDEN, ALEJANDRO MAYORKAS SECRETARY OF HOMELAND SECURITY, AND THE HONORABLE ANTHONY BLIKEN, SECRETARY OF US DEPARTMENT OF STATE, WHERE THEY STATE CLEARLY, WE BELIEVE THAT CONDITIONS ON THE GROUND AND GUATEMALA, HONDURAS, EL SALVADOR, AND NICARAGUA, WHERE MY FELLOW COMMISSIONER AND ONLY HISPANIC COMMISSION ON THIS COMMISSION CONSTITUTE EXTRAORDINARY AND TEMPORARY CONDITIONS THAT PREVENT NATIONALS FROM SAFELY RETURNING. IT IS OUR VIEW THAT GUATEMALA, EL SALVADOR, HONDURAS, AND NICARAGUA, MEET THE CIRCUMSTANCES AND STANDARDS FOR TPS. WE LOOK FORWARD TO CONTINUING TO SUPPORT THE EFFORTS OF YOUR ADMINISTRATION TO ADDRESS THE ROOT CAUSES OF MIGRATION IN CENTRAL AMERICA IN A HOLISTIC MANNER, INCLUDING BY TAKING THIS IMPORTANT STEP TO UPHOLD HUMANITARIAN PROTECTIONS AND SAFEGUARD US NATIONAL SECURITY INTERESTS. THIS WAS SIGNED BY 64 MEMBERS OF CONGRESS. ANOTHER LETTER WITH A LOT OF THE SAME SIMILAR LANGUAGE CAME FROM THE UNITED STATES SENATE AND IT WENT TO ALEJANDRO, MAYORKAS AND ANTHONY BLIKEN AND THEY TALK ABOUT THE CONDITIONS OVER THERE. ACCORDING TO THE WORLD FOOD PROGRAM, FARMERS IN THE REGION FACE THE WORST DRY FARMING SEASON IN 35 YEARS. HUNGER IN EL SALVADOR, GUATEMALA, HONDURAS, NICARAGUA, HAS INCREASED ALMOST FOURTH FOLD OVER THE PAST TWO YEARS. THIS LETTER, AND AGAIN IT SAYS TPS AS A HUMANITARIAN TOOL USED BY THE DEMOCRATIC AND REPUBLICAN ADMINISTRATION TO PROVIDE RELIEF FOR INDIVIDUALS WHO ARE UNABLE TO RETURN TO COUNTRIES FACING EXTRAORDINARY CONDITIONS. THIS LETTER WAS DATED JANUARY 10TH, 2022. THE LETTER FROM CONGRESS WAS DATED MAY 23RD, 2022 AND THIS WAS SIGNED BY 33 UNITED STATES SENATORS, BOTH REPUBLICAN AND DEMOCRAT. ALL THEY'RE ASKING US TO DO, WHICH WAS APPROVED BY CONSENT BY MYSELF, COMMISSIONER BOLTON, AND COMMISSIONER PLACKO WAS STATE THAT WE ALSO SUPPORT THE HONDURAN COMMUNITY AND ALL THESE OTHER STATES, EVEN THOUGH IT'S NOT INCLUDED IN THIS PARTICULAR REQUEST, AND THIS WAS ALSO APPROVE MY SUPER UNANIMOUS BY THE CITY OF MAYOR MAHER BROWARD COUNTY GOVERNMENT AND THE CITY OF MIAMI. THIS ORGANIZATION HAS DONE A GREAT JOB OF USING LOCAL GOVERNMENT TO SAY, WE HAVE INFLUENCE, PLEASE USE YOUR INFLUENCE TO HELP US OUT AND THIS BENEFITS THE UNITED STATES BECAUSE AS ONE OF THESE LETTERS STATE, WHEN PEOPLE LIVE IN DESPERATE CONDITIONS AND FEEL LIKE THEY CAN'T GET OUT, THEN THEY WILL MAKE THEIR WAY TO THE UNITED STATES AND WE'RE PROUD AND HAPPY THAT CERTAIN INDIVIDUALS LIKE COMMISSIONER VILLALOBOS MADE HIS WAY FROM NICARAGUA TO THE UNITED STATES BUT EVERYONE DOESN'T HAVE THAT OPPORTUNITY. IF ONE OF THE BEST WAYS TO STOP THE IMMIGRATION PROBLEM IS TO HELP WHERE WE CAN, AND THIS IS ONE OF THOSE SITUATIONS. HOPEFULLY WE CAN GET A UNANIMOUS VOTE ON THIS AND SO I'M HAPPY TO GIVE COMMISSIONER VILLALOBOS AND MAYOR GOMEZ AN OPPORTUNITY TO REDEEM THEMSELVES AND ESPECIALLY, [OVERLAPPING] >> VICE MAYOR WE DON'T NEED THOSE COMMENTS FROM YOU. >> IN LIGHT OF TOMORROW BEING THE FIRST LAYER. >> VICE MAYOR. >> OF CELEBRATING HISPANIC HERITAGE MONTH, LET'S SHOW SOME SOLIDARITY WITH THE HONDURAN COMMUNITY. THANK YOU. >> GO AHEAD, COMMISSIONER VILLALOBOS. >> I AM PROUD THAT IT TOOK ME ALMOST TWO YEARS TO GET TO THE UNITED STATES OF AMERICA AND TO BE ABLE TO SERVE MY COMMUNITIES AND THAT'S ALL. >> THANK YOU. I'M VERY PROUD OF MY FAMILY THAT CAME FROM SPAIN. [02:05:05] YES, THEY WEREN'T AS TOOK A LITTLE BIT LONGER OR THEY WERE OLDER THAN YOU AND THE REST OF YOUR FAMILY. BUT THIS IS NOT ABOUT THE PEOPLE, THE REASON FOR THE COMMENTS THE LAST TIME AS WITH WHAT I'M SAYING NOW, WERE SPECIFIC PROCEDURES THAT THE COMMISSION FOLLOWS. IT'S NOT ABOUT THE CONTENT, BUT ABOUT THE PROCEDURES AND SOME OF US DON'T NEED TO BE REDEEMED BY ANYBODY ON THIS COMMISSION. WE WILL VOTE OUR CONSCIENCE WHEN WE VOTE. YES, HAPPY HISPANIC HERITAGE MONTH, WHICH COMES STARTING TOMORROW AND LASTS TILL OCTOBER 15TH. NOTHING ELSE BEING SAID, CITY CLERK PLEASE CALL THE ROLL. >> THANK YOU, MA'AM. COMMISSIONER VILLALOBOS. >> YES. >> COMMISSIONER PLACKO. >> YES. >> VICE MAYOR GELIN. >> YES. >> COMMISSIONER BOLTON. >> YES. >> MAYOR GOMEZ >> YES. >> MOTION PASSES 5-0. THANK YOU. >> THANK YOU VERY MUCH. LADIES AND GENTLEMEN, YOU ARE WELCOME TO STAY FOR THE REST OF THIS MEETING. WE KNOW YOU'VE BEEN HERE QUITE A LONG TIME. >> POINT OF PERSONAL PRIVILEGE. >> I'M IN THE MIDDLE OF SPEAKING, VICE MAYOR. >> I THOUGHT YOU WERE DONE I'M SORRY, MY APOLOGIES. >> WE WISH YOU COME BACK AT A FUTURE DATE WITH A DIFFERENT TIME AND BE ABLE TO ALSO CONTINUE TO ENJOY LEARNING GOVERNMENT HERE IN THE CITY. BUT WE THANK YOU FOR BEING HERE THIS EVENING. AT THIS TIME, THE VICE MAYOR WOULD LIKE TO SAY SOMETHING, PROCEED. >> I JUST WANT TO ASK THE COMMISSION TO COME TO THE FLOOR. THIS IS AN IMPORTANT MOMENT FOR THEM THEY WOULD LIKE TO TAKE A PICTURE. IF WE CAN TAKE ONE MINUTE AND JOIN THEM ON THE FLOOR, THEY CAN HAVE A MOMENT WITH THE COMMISSION. >> I WILL ASK WOULD YOU LIKE TO HAVE A PICTURE WITH US? YOU DON'T KNOW. I'M NOT TRYING TO PUT PRESSURE ON YOU, BUT I'M NOT GETTING THAT SENSE THAT, THAT'S WHAT THEY'RE INQUIRING IF YOU'D LIKE TO [OVERLAPPING] COME TO THE COMMISSION. >>YES. >> COME ON DOWN. >> MAYBE YOU CAN ASK THEM IN SPANISH. >> I CAN, YOU KNOW. >> OKAY. [BACKGROUND] >> THANK YOU SO MUCH. [BACKGROUND] >> MY PLEASURE. >> THANK YOU SO MUCH. [NOISE]. >> YOU DON'T MIND MY COLD HANDS? [BACKGROUND] >> I'LL COUNT TO THREE. LOOK HERE FIRST >> WE'RE LOOKING AT THE OFFICIAL ONE [LAUGHTER]. >> ONE, TWO, THREE [NOISE] >> THANK YOU SO MUCH. [NOISE] [BACKGROUND] >> [SPANISH] WE WILL NOW GO TO 4F TR13830. [4.f TR13830 - A Resolution of The City Commission of The City of Tamarac, Florida approving the interlocal agreement between Broward County and the City of Tamarac for surtax-funded municipal transportation project: Milling, Paving, and Resurfacing of Public Roads/BC-TAM-FY2020-00001, attached hereto as Exhibit “1”; authorizing the appropriate City officials to take any and all actions necessary to effectuate the intent of this resolution; providing for conflicts; providing for severability; and providing for an effective date.] CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD. 4F, PLEASE. TR13830. [OVERLAPPING] >> NO, WAS THERE A VOTE ON THE PRIOR ITEM? >> YES, SIR. >> I'M SORRY. >> I THINK YOU NEED SOME COFFEE. [02:10:05] >> ITEM 4F, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE INNER LOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR SURTAX FUNDED MUNICIPAL TRANSPORTATION PROJECT, MILLING, PAVING AND RESURFACING OF PUBLIC ROADS, BC-TAM, FY 2020, 0001, ATTACHED HERE TOO IS EXHIBIT 1, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU. >> YOU MAY HAVE A MOTION AND A SECOND, PLEASE. >> MOTION TO APPROVE. >> SECOND. >> VICE MAYOR MOTION, COMMISSIONER VILLALOBOS, SECOND. IS THERE A NEED FOR DISCUSSION ON THIS ITEM, VICE MAYOR, YOU PULLED THIS ONE? >> PRETTY QUICKLY. I WOULDN'T HAVE PULLED IT IF WE HAD AN OPPORTUNITY TO JUST TALK ABOUT IT. BUT FROM WHAT I UNDERSTAND, WE'RE RECEIVING $2.8 MILLION FROM BROWARD COUNTY TO DO SOME STREET PAVING AND SUCH? >> THAT'S CORRECT. IT'S FOR THE SURTAX PROJECT AND THE MAIN LANDS, ONE THROUGH FIVE. >> BECAUSE I REMEMBER AT THE BUDGET MEETING ON MONDAY WHEN WE WERE TALKING ABOUT RAISING PROPERTY TAXES, WHICH I WAS NOT IN FAVOR OF, SOME COMMISSIONERS TALKED ABOUT STREET PAVING. HOW MUCH OF THAT IS COMING FROM OUR BUDGET VERSUS THE COUNTY? HOW MUCH IS THE CITY DEDICATING IN DOLLARS TO STREET MAINTENANCE AND ROAD PAVING AND THINGS OF THAT NATURE? >> DO WE HAVE THAT INFORMATION ON HAND RIGHT NOW? WE DON'T HAVE THAT INFORMATION RIGHT NOW. >> IF CAN GET THAT IN AN EMAIL, THAT'D BE GREAT. THAT'S ALL I HAVE. >> SURE. >> THANK YOU. [NOISE] >> CITY CLERK, PLEASE CALL THE ROLL. [NOISE]. >> MAYOR. COMMISSIONER PLACKO? >> YES. >> COMMISSIONER BOLTON? >> YES. >> VICE MAYOR GELIN? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> MAYOR GOMEZ? >> YES. >> MOTION PASSED, FIVE TO ZERO. THANK YOU. >> THANK YOU. NOW, WE'RE GOING TO 4N TR13793 CITY ATTORNEY, [4.n TR13793 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute an agreement with Clairmont Neighborhood Association, Inc. for the City through Broward County Sheriff’s Office to exercise jurisdictional authority for traffic control and enforcement within the property of the Clairmont Neighborhood Association, Inc.; providing for conflicts; providing for severability; and providing for an effective date.] PLEASE READ THE TITLE FOR THE RECORD. >> YES, MA'AM. MEMBERS OF THE COMMISSION. THIS IS A RESOLUTION CITY COMMISSION CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CLAREMONT NEIGHBORHOOD ASSOCIATION, INC FOR THE CITY THROUGH BROWARD COUNTY SHERIFF'S OFFICE TO EXERCISE JURISDICTIONAL AUTHORITY FOR TRAFFIC CONTROL AND ENFORCEMENT WITHIN THE PROPERTY. THE CLAREMONT NEIGHBORHOOD ASSOCIATION, INC PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> I'LL TAKE A SECOND. >> MOVED. >> I'LL TAKE A SECOND. THAT'LL BE COMMISSIONER BOLTON HAS SECONDED. ANY DISCUSSION, COMMISSIONER BOLTON? >> YES, MAYOR. I HAVE A QUESTION FOR MS. CALLOWAY, THROUGH THE MANAGER. >> MS. CALLOWAY, ARE YOU AVAILABLE? CITY MANAGER THROUGH YOU? >> YES, THAT'S FINE. THIS IS TO DISCUSS THE CLAREMONT ITEM, RIGHT? >> YES. >> OKAY. >> MS. CALLOWAY, HOW MANY ROADS IN TAMARAC THAT ARE PRIVATE DOES THE CITY HAVE JURISDICTION OVER? ALL EXCEPT FOR THE NEIGHBORHOOD IN CLAREMONT? IF YOU'RE NOT THE APPROPRIATE PERSON THEN PERHAPS THE PUBLIC WORKS DIRECTOR WOULD BE. >> CITY ATTORNEY, WHO WOULD BE THE APPROPRIATE PERSON TO ANSWER QUESTIONS REGARDING THE PRIVATIZED STREETS IN BSO FOR THIS ITEM? >> TWO QUESTIONS, I'LL DEFER TO [OVERLAPPING] >> MY APOLOGIES. IT'S ACTUALLY FOR CITY MANAGER. >> TO MR. DOHERTY ON THE MILEAGE, BUT THEN I'LL MAYBE HELP EXPLAIN WHY THE ITEM'S BEFORE YOU AND HOW IT'S WORKING HERE. >> MY APOLOGIES. I'M GOING TO FIRST BRING IT BACK TO THE CITY MANAGER BECAUSE MY DIRECTION WAS ACTUALLY TO THE CITY MANAGER. IF YOU WANT TO HAND IT OFF TO THE CITY ATTORNEY, PLEASE DO SO. >> I THINK JOHN SHOULD JUST ATTEMPT TO ANSWER THE QUESTION. I DON'T KNOW IF HE HAD THE INFORMATION ON HAND, BUT LET'S JUST TRY. >> FOR THE RECORD JOHN DOHERTY, ACTING PUBLIC SERVICES DIRECTOR. I DON'T KNOW HOW MANY PRIVATE ROADWAYS ARE IN THE CITY OF TAMARAC, WE DO HAVE APPROXIMATELY 136 MILES OF PUBLIC ROADWAYS IN THE CITY OF TAMARAC. AS FAR AS THE PRIVATE GOES, I DON'T HAVE THAT FIGURE. >> BUT I BELIEVE THE QUESTION WAS, HOW MANY PRIVATE ROADS IN THE CITY OF TAMARAC DO WE HAVE JURISDICTION OVER THROUGH THE BROWARD COUNTY SHERIFF'S OFFICE? >> GOOD EVENING, MAYOR. COMMISSION. MAY SARERAS, ASSISTANT TO THE CITY MANAGER. IF I CAN ATTEND TO ANSWER YOUR QUESTIONS, COMMISSIONER BOLTON, WE DO HAVE SIMILAR AGREEMENTS WITH OTHER COMMUNITIES THAT ARE PRIVATELY OWNED, [02:15:05] THEY HAVE PRIVATE ROADS. THOSE COMMUNITIES ARE WALDO NEIGHBORHOOD ASSOCIATION, TRENT NEIGHBORHOOD ASSOCIATION, AND WOODLAND PLACE HOMEOWNER'S ASSOCIATION. I WAS ALSO ADVISED THAT CAPTIVA ALSO HAS AN AGREEMENT WITH THE CITY, AND THE BSO TO HAVE JURISDICTION OVER THERE PRIVATELY OWNED ROADS FOR TRAFFIC ENFORCEMENT. >> WHEN WE'RE GOING TO ENFORCE TRAFFIC, EXPLAIN THAT JUST A LITTLE BIT. OVER THE WEEKEND AS I WAS GOING THROUGH MY BACKUP INFORMATION, I DID NOT GET A SENSE OF WHAT WE WOULD BE DOING. FOR THE BENEFIT OF MYSELF AND THE AUDIENCE, JUST TELL US WHAT TRAFFIC CONTROL MEANS. DOES THIS MEAN IF SOMEBODY IS SPEEDING THROUGH THE NEIGHBORHOOD, THEN BSO ALSO HAS THE ABILITY TO ISSUE A TICKET OR WHAT'S GOING TO GO ON? >> COMMISSIONER BOLTON, EXACTLY. WHAT YOU JUST SAID. THE CITY HAS RECEIVED COMPLAINTS OF SPEEDING IN PRIVATE NEIGHBORHOODS, PEOPLE RUNNING THROUGH STOP SIGNS. THAT WHAT YOU DESCRIBED IS EXACTLY WHAT THIS AGREEMENT ALLOWS THE SHERIFF TO DO. BUT THAT'S IT, IT DOES NOT ALLOW THEM TO GO OUTSIDE THE APPLICABLE STATE STATUTE, WHICH IS TRAFFIC ENFORCEMENT. THAT'S ALL. THERE'S NOTHING MORE, NOTHING LESS. >> OKAY. WHAT WOULD BE THE FISCAL IMPACT FOR THIS ITEM? >> THERE'S NO FISCAL IMPACT ASSOCIATED TO THIS ITEM. >> IF BSO WHOM WE PAY ON A YEARLY BASIS WERE TO THEN GO TO CLAREMONT AND THESE OTHER FOREIGN NEIGHBORHOODS TO ENFORCE TRAFFIC, YOU'RE SAYING THAT THERE'S NO COST THAT WOULD BE ASSOCIATED WITH THIS ITEM AND ALSO THE OTHER COMMUNITIES? >> THAT'S CORRECT. THAT'S HOW I UNDERSTAND IT. >> AND SO OTHER COMMUNITIES ARE CRYING OUT FOR THE SAME ISSUE. DO YOU BELIEVE THAT THIS IS A MODEL FOR THOSE COMMUNITIES TO USE SO THAT BSO IS ABLE TO ENFORCE THESE AND OTHER PRIVATE COMMUNITIES? >> CORRECT. FOR STATE STATUTE FOR BSO THROUGH THE CITY TO GO OR THE CITY BSO TO GO INTO THEIR PRIVATE ROADS, THERE WOULD HAVE TO BE AN AGREEMENT STATED. IN ORDER FOR THOSE COMMUNITIES TO DO THAT, THEY WOULD HAVE TO PRESENT A FORMAL REQUEST TO THE CITY AND THEN WE WOULD PRESENT IT TO THE GOVERNING BODY WHO WOULD HAVE THE FINAL APPROVAL OF THAT REQUEST THROUGH RESOLUTION. >> ATTORNEY, YOU AGREE WITH THAT COMMENTARY? >> YES, SIR. >> THE BACKGROUND INFORMATION SAYS THAT THE COMMUNITY CLAREMONT IN 2004, I BELIEVE, VOTED IF THE SHERIFF'S OFFICE, AND THEN ON MY BIRTHDAY IN 2005, CLAREMONT SENT NOTICE TO THE CITY THAT THEY HAD VOTED TO CANCEL THE AGREEMENT BETWEEN CLAREMONT AND THE BROWARD SHERIFF'S OFFICE. DO WE HAVE ANY BACKUP INFORMATION WHERE THAT IS CONCERNED? DO WE KNOW WHY THAT WAS DONE? I SEE THAT THEY DID THAT, BUT I DIDN'T SEE ANY BACKUP INFORMATION TO THE EFFECT OF WHY I DIDN'T SEE A COPY OF THE LETTER. >> YEAH. I DON'T HAVE THAT INFORMATION IN FRONT OF YOU RIGHT NOW. THE PRESIDENT OF THE ASSOCIATION [INAUDIBLE], HAD EXPRESSED THAT SHE WOULD BE PRESENT TONIGHT, BUT I DON'T BELIEVE SHE'S IN THE ROOM AT THIS TIME, SO I WOULD BE SURE TO GET THAT INFORMATION FOR YOU AND PRESENT IT AT A LATER DATE. >> OKAY. THEIR MEETING MINUTES WOULD ALSO SUFFICE AND BE WELCOMED TO ALL MEMBERS OF THE COMMISSION IF THEY SO DESIRE. THANK YOU SO MUCH. >> MY PLEASURE. >> POINT OF CLARIFICATION, THE LETTER FROM MISS. MASER IS IN THE BACKUP AND SO ARE THE MINUTES OF THE MEETING REQUESTING THE CITY OF TAMARAC. PUT THIS ON THE AGENDA AND TAKE CONTROL. >> MAYOR, MAYBE YOU GOT MORE FORMATION THAN I DID, BUT I DON'T SEE IT. >> OKAY. >> YOU CAN PERUSE MY INFORMATION. >> IT'S ALSO ON THE WEBSITE, BUT ANYWAY, WE'RE NOT GOING TO GO THERE. VICE MAYOR, YOU HAVE A COMMENT? >> IT'S JUST A QUICK QUESTION, [02:20:01] I GUESS FOR BSO. LOOKING AT THE LAST MONTHLY REPORT, IT LOOKS LIKE WE'RE SHORT-STAFFED BY SEVEN DEPUTIES. DO WE HAVE THE ADEQUATE STAFF TO BE ABLE TO CONTAIN A POLICE AND AN ADDITIONAL COMMUNITY? ISN'T THERE A COST TO THAT OR IS THAT JUST BUILT INTO THE COST THAT ALREADY EXIST? >> LC IS COMING TO ANSWER THE QUESTION FOR THOSE PEOPLE WHO MAY NOT SEE. >> WHAT'S GOING ON HERE? >> GOOD EVENING, MAYOR, COMMISSIONERS, VICE MAYOR, LIEUTENANT JEREMIAH COOPER, SHERIFF'S OFFICE. TO ANSWER YOUR QUESTION, VICE MAYOR GELIN, THERE'S NO COST ASSOCIATED IF YOU SO DESIRE TO APPROVE THE AGREEMENT BETWEEN A COMMUNITY THAT HAS PRIVATE REAL WAYS THROUGH THE CITY, NO COST ASSOCIATED TO IT AT ALL. >> IT'S JUST ANOTHER COMMUNITY THAT YOU'RE JUST GOING TO DRIVE THROUGH OR POLICE ON A ROUTINE BASIS. >> ABSOLUTELY. WE WOULD JUST PUT THAT INTO OUR ROTATION FOR THE ASSIGNED ZONE DEPUTY AND HE WOULD MAKE A PERIODIC CHASE TO THE COMMUNITY TO ENSURE THAT THERE'S NO TRAFFIC LAWS VIOLATED. >> OKAY. HOW ARE YOU GUYS ADDRESSING THE STAFF SHORTAGE? >> THE AGENCY DOES HAVE A FEW DISHES THAT ARE STAFF SHORT. AS RECENTLY AS OF TODAY, WE GOT NOTICE THAT WE ARE RECEIVING TWO ADDITIONAL NEW HIRE RECRUITS, SO WE'RE WORKING ON THE STAFF SHORTAGE. >> OKAY. THANK YOU. >> YOU'RE WELCOME. >> THANK YOU. COMMISSIONER BOLTON, ARE YOUR LIT AGAIN FOR ANOTHER COMMENT? >> YES, MADAM MAYOR, FOR MY SECOND GO AROUND. THANK YOU. MADAM MAYOR, IF YOU HAVE THE INFORMATION THAT I ASKED FOR ALREADY AVAILABLE, IT WOULD BE MORE THAN WELCOMED BY ME TONIGHT BECAUSE THAT WOULD HELP ME TO MAKE A DECISION. I WAS TRYING TO PASS MY INFORMATION OVER TO YOU TO SHOW YOU THAT I DON'T HAVE IT, BUT I WOULD LOVE TO SEE IT. >> JUST SEE IT. YOU SEE IT? THERE YOU GO. >> MAYOR, YOU HAVE THE SAME INFORMATION THAT I HAVE. IT DOES NOT HAVE A LETTER FROM 2004 AND IT DOESN'T HAVE THE LETTER FROM 2005 THAT I WAS MAKING REFERENCE TO WHERE THE NEIGHBORHOOD ASSOCIATION SENT NOTICE TO THE CITY OF TAMARAC STATING THAT THEY HAD CANCELED THE AGREEMENT BETWEEN BSO. THAT'S WHAT I ASKED FOR. >> THAT'S WHAT YOU WERE SEEKING? UNDERSTOOD. >> THAT'S WHAT I ASKED FOR. >> THEN THAT IS WHAT YOU'RE SEEKING THEN MY APOLOGIES, I DID NOT HEAR YOU. I THOUGHT YOU WERE ASKING FOR THIS. >> THANK YOU, MADAM MAYOR. >> SO IF THAT IS INFORMATION THAT YOU SO NEED, THE CITY STAFF WILL GET IT TO YOU. >> RECLAIMING MY TIME. I HOPE THAT CITY STAFF ON HEARD JUST A LITTLE BIT ME BETTER THAN THE MAYOR. PLEASE PROVIDE THE INFORMATION TO US. FINALLY, WE JUST LIKE TO ASK QUICKLY IF BSO THEN GIVES A TICKET TO A 55 AND OLDER SENIOR AT CLAREMONT BECAUSE YOU WERE SPEEDING, HOW MUCH WOULD BE THE COST OF THE TICKET? >> I DON'T HAVE THE ANSWER TO THE QUESTION, COMMISSIONER BOLTON, I WOULD DEFER TO. >> WE DON'T HAVE THE INFORMATION AVAILABLE RIGHT NOW, BUT WE'LL GET IT TO YOU. THANK YOU. >> OKAY. WE'RE GOING TO VOTE TO ENFORCE BSO GOING INTO A 55 AND OLDER COMMUNITY TO ISSUE CITATIONS. WE DON'T KNOW THE COST OF THOSE CITATIONS. THE CITY ATTORNEY DID STATE THAT IS EXACTLY WHAT BSO WILL BE DOING, ISSUING TICKETS TO ANY SPEEDERS. THOSE SPEEDERS COULD BE ALSO 55 AND OLDER SENIORS THAT MOST OF WHICH ARE ON FIXED INCOME. WE DON'T KNOW WHO IS SPEEDING. OF COURSE, IF SOMEBODY IS SPEEDING THROUGH THEIR COMMUNITY, THEY'RE YOUNGER, WHOEVER THEY ARE, THEY SHOULD BE PUNISHED, OF COURSE. BUT JUST SO WE KNOW, WE ARE ALLOWING BSO TO GO INTO 55 AND OLDER COMMUNITY TO ISSUE THEM CITATIONS. I HAVE A PROBLEM WITH THAT. IF THE DISTRICT COMMISSIONER AGREES WITH THIS, I'LL VOTE ON IT TO BE YES. THANK YOU SO MUCH. >> COMMISSIONER VILLALOBOS. >> MS. SARAH, ISN'T IT FOR SURE THAT THE ASSOCIATION IS THE ONE THAT'S REQUESTING THIS AND NOT US IMPEDING ON THERE? >> IT IS ASSOCIATION. WE GET A REQUEST FROM THE PRESIDENT AS THE ASSOCIATION. AS YOU CAN SEE ON YOUR BACK. YOU'RE CORRECT. [02:25:01] [OVERLAPPING] YOU BACK UP THE COMMUTATION. >> MATTER IF YOU DIDN'T HEAR IT. THE COMMISSIONER FOR DISTRICT 3 WHERE CLAREMONT IS LOCATED, HAS REQUESTED AND GOT THE INFORMATION THAT IT IS THE COMMUNITY ITSELF THAT IS ASKING FOR THIS ITEM. THAT IS WHAT THE COMMISSIONER FROM DISTRICT 3 CONFIRMED. >> IF HE'S OKAY WITH IT, I WILL VOTE ON IT. THAT'S WHAT I SAID. >> IT'S FINE. WE HEAR YOU BOTH. >> THANK YOU SO MUCH. >> NO FURTHER COMMENTS SEEING OR DISCUSSION BEING NEEDED. CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU, MAYOR. MAYOR GOMEZ? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> VICE MAYOR GELIN? >> YES. >> COMMISSIONER PLACKO? >> YES. >> COMMISSIONER BOLTON? >> BECAUSE OF THE COMMISSIONER'S YES VOTE, YES. >> YES OR NO, PLEASE. >> THANK YOU. MOTION PASSES 5-0. >> THANK YOU. LADIES AND GENTLEMEN, DUE TO THE HOUR AND THE FACT THAT THERE ARE CERTAIN ITEMS THAT HAVE ATTORNEYS AND PARTICIPANTS, APPLICANT'S PRESENT, I AM GOING OUT OF ORDER AND I WILL BE GOING TO ORDINANCES ON SECOND READING, 8BTO2507 AND FOR ORGANIZATIONAL PURPOSES, EVERYONE TO KNOW THAT THE NEXT ITEM WILL BE QUASI-JUDICIAL HEARING, 98TBO58. THOSE ARE THE NEXT TWO ITEMS. THEN CONSIDERING HOPEFULLY THE TIME WON'T TAKE FOREVER, WE WILL GO FOR A BREAK. IF NOT, WE WILL HAVE A BREAK BETWEEN THE TWO ITEMS. CITY ATTORNEY, PLEASE READ 8BTO2507 FOR THE RECORD. [8.b TO2507 - An Ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 10, Article 3, of the City of Tamarac Land Development Code, entitled Use Regulations, amending Section 10-3.2, entitled Table of Allowed Uses, lifting zoning in progress on medical marijuana dispensary facilities and pharmacies by specifically amending Table 10-3.1, entitled Allowed Uses to permit medical marijuana dispensaries and pharmacies in the MU-N (Mixed Use Neighborhood) and NC (Neighborhood Commercial) zoning districts, subject to special exception approval; providing for codification; providing for conflicts; providing for severability; and providing for an effective date.] >> YES, MA'AM. MADAM MAYOR AND MEMBERS, THE QUESTION, THIS IS AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10, ARTICLE 3 OF THE CITY OF TAMARAC LAND DEVELOPMENT CODE ENTITLED USE REGULATIONS, AMENDING SECTION 10-3.2 ENTITLED TABLE OF ALLOWED USES, LIFTING, ZONING, AND PROGRESS ON MEDICAL MARIJUANA DISPENSARY FACILITIES AND PHARMACIES BY SPECIFICALLY AMENDING TABLE 10-3.1, ENTITLED ALLOWED USES TO PERMIT MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES IN THE MUN, MIXED USE NEIGHBORHOOD AND NC, NEIGHBORHOOD COMMERCIAL ZONING DISTRICT SUBJECT TO SPECIAL EXCEPTION APPROVAL, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU. I'LL TAKE A MOTION AND A SECOND, PLEASE. >> SECOND. >> SECOND. >> COMMISSIONER VILLALOBOS, MOTION. VICE MAYOR, SECOND. AT THIS TIME, THIS ITEM IS NOW OPEN FOR PUBLIC COMMENTS. IT'S A PUBLIC HEARING. THE FIRST PERSON WHO HAS SIGNED UP IS LOGAN OPSAHL. AND IF I MISPRONOUNCED YOUR NAME, I DO APOLOGIZE. PLEASE COME TO THIS PODIUM. NAME, ADDRESS, AND LOCATION, PLEASE, FOR THE RECORD OR JUST YOUR LOCATION IF YOU DON'T WISH TO GIVE YOUR ADDRESS. >> LOGAN OPSAHL. ORLANDO, FLORIDA. THANK YOU FOR JUMPING AHEAD. GOOD EVENING, MADAM MAYOR, MR. VICE MAYOR, AND COMMISSIONERS. MY NAME IS LOGAN OPSAHL. I'M HERE ON BEHALF OF CRESCO LABS. THEY DO BUSINESS AS SUNNYSIDE. THIS IS ON ORDINANCE 2507 BEING CONSIDERED BY THE COMMISSION TONIGHT. LIKE I SAID, WE REPRESENT SUNNYSIDE. IT'S A MEDICAL MARIJUANA TREATMENT CENTER LICENSED HERE IN THE STATE OF FLORIDA. THEY HAVE 50 LOCATIONS ACROSS 10 STATES. AS THEY CONTINUE TO GROW IN THE STATE OF FLORIDA, WE HAVE CLOSE CONNECTIONS WITH THE OFFICE OF MEDICAL MARIJUANA USE AND WORK CLOSELY WITH THEM, MAINTAINING THE HIGHEST LEVELS OF PROFESSIONALISM, SAFETY, AND COMPLIANCE. THE CITY OF TAMARAC IS THE IDEAL PLACE FOR SUNNYSIDE. WE HAVE EXECUTED A LEASE JUST DOWN THE ROAD AT 6001 UNIVERSITY DRIVE. THE CITY HAS ISSUED A ZONING VERIFICATION LETTER FOR THE PROPERTY ON FEBRUARY 24TH OF THIS YEAR, A COPY OF WHICH WE'LL SUBMIT TO THE CITY CLERK. IT LAID OUT THAT THE USE OF MEDICAL MARIJUANA DISPENSARY ON THAT PROPERTY WAS PERMITTED AS A MATTER OF RIGHT. I'M GOING TO GO THROUGH A QUICK TIMELINE WITH YOU. ON JUNE 14TH, AN APPLICATION WAS MADE IN RELIANCE ON THAT ZVL, IF YOU WILL, TO SUBMIT FOR A BUILDING PERMIT ON THE PROPERTY. ON JULY 6TH, WE RECEIVED NOTICE FROM THE CITY THAT THE CITY'S BUILDING DEPARTMENT WAS REGARDING THE ONGOING APPLICATION AS INCOMPLETE DUE TO A ZONING IN PROGRESS ORDER THAT WAS ISSUED. THE CITY COMMISSION APPROVED THAT ORDER ON JUNE 22ND, 2022. UNFORTUNATELY, WE RECEIVED NOTICE OF THAT ORDER 30 DAYS AFTER THE ORDER WAS ISSUED, [02:30:04] 22 DAYS AFTER WE SUBMITTED OUR BUILDING PERMIT APPLICATION, AND 14 DAYS AFTER COMMISSION APPROVAL ON JULY 6TH, 2022. WE'VE RELIED IN GOOD FAITH ON THAT ZVL AGAIN, FOR THE EXECUTION OF THE LEASE, HIRING CONSULTANTS, LEGAL COUNSEL, AND OF COURSE, SUBMITTING THE SITE PLAN. OUR INTENTION IS ALWAYS TO OPERATE WITH CITIES AND JURISDICTIONS AS A COMMUNITY PARTNER. WE DON'T COME BEFORE THIS COMMISSION, THIS BODY ADVERSARIAL. BUT I WANT TO DO A LITTLE BIT OF LEGAL EASE JUST FOR THE COMMISSION'S PROSPECT. >> YOU'VE GOT 55 SECONDS. >> THANK YOU. WHEN A PROPERTY OWNER IN GOOD FAITH RELIANCE UPON SOME ACT OR OMISSION OF THE GOVERNMENT HAS INCURRED SUCH EXTENSIVE OBLIGATIONS AND EXPENSES, THE DOCTRINE OF EQUITABLE ESTOPPEL CAN BE INVOKED BEFORE THAT GOVERNMENTAL ENTITY. WE'RE NOT TRYING TO ASK THE COMMISSION TO MAKE SOME CARVE-OUT FOR THE ORDINANCE THAT'S BEING CONSIDERED TONIGHT. RATHER, WE HAVE AN ONGOING APPLICATION IN RELIANCE BASED ON A ZONING VERIFICATION LETTER. WE'RE SEEKING AN EXEMPTION FROM THIS ORDINANCE TONIGHT FORM THAT ONGOING APPLICATION TO HAVE OUR BUILDING PERMIT APPROVED. BASED ON FLORIDA CASE-LAW EQUITY AND FAIRNESS, WE SPECIFICALLY ASK THIS BODY TO PROVIDE AN EXEMPTION FOR OUR ONGOING PERMIT THAT'S PENDING RIGHT NOW WITH THE CITY TO APPROVE THAT BUILDING PERMIT TO ALLOW FOR THIS USE. THANK YOU. >> THANK YOU VERY MUCH, AND I BELIEVE THAT YOU WILL REACH OUT TO MS. MAXINE CALLOWAY OR OUR CITY ATTORNEY FOR PROPER PROCEDURES TO ASK FOR WHAT YOU ARE REQUESTING. THANK YOU. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS MATTER REGARDING THE APPROVAL OR DISAPPROVAL OF THIS ORDINANCE? SEEING NONE. >> MADAM MAYOR. >> YES, CITY ATTORNEY. >> A POINT OF PERSONAL PRIVILEGE. I WANT TO ASK THE REPRESENTATIVE FOR THE SPEAKER. JUST AS A PERSONAL MATTER, ARE YOU RELATED TO BOB OPSAHL? >> [BACKGROUND] >> OKAY. THEN I WAS NEIGHBORS WITH BOB FOR A NUMBER OF YEARS IN ORLANDO. THE NAME IS SO ODD THAT I JUST HAD TO ASK. AS IT RELATES TO THE SECOND ISSUE, WE CERTAINLY WILL GET WITH THE APPLICANT. I BELIEVE THAT MR. OPSAHL'S PARTNER OR MAY HAVE ALREADY REACHED OUT TO ME ONCE BEFORE ON A CONVERSATION, I FORGET HER NAME, I DIDN'T GET IT. I WAS IN THE CAR WHEN I WAS DRIVING AND SPEAK WITH MS. CALLOWAY AND SEE IF THERE'S ANY ADMINISTRATIVE RELIEF AVAILABLE TO THIS PARTICULAR APPLICANT AND PROCESSES ACCORDINGLY. OFF THE TOP MY HEAD, I DON'T BELIEVE SO, BUT WE'LL LOOK INTO IT. >> THANK YOU. PUBLIC HEARING IS NOW CLOSED. MS. CALLOWAY, OUR DIRECTOR OF COMMUNITY DEVELOPMENT, IS AVAILABLE FOR ANY QUESTIONS. COMMISSIONER VILLALOBOS. >> I JUST HAVE A COUPLE OF QUESTIONS ACTUALLY TO THE MANAGER, MS. CALLOWAY. HOW MANY LOCATIONS DO WE CURRENTLY HAVE? I ALREADY KNOW THE ANSWER, BUT JUST FOR THE RECORD, FOR DISPENSARIES AND MEDICAL MARIJUANA. >> WE HAVE THREE LOCATIONS. >> WE HAVE ONE PENDING, WHICH WOULD BE THIS ONE? >> WELL, I WOULDN'T CALL IT PENDING. I STATED THE LAST TIME THE ZONING IN PROGRESS WAS ENTERED INTO ON JUNE 6TH, THE APPLICATION IN QUESTION WAS FILED AFTER. >> THIS IS FOR MY COLLEAGUES. I DO YOU UNDERSTAND THAT MEDICAL MARIJUANA IS VERY IMPORTANT. I WOULDN'T MAKE SURE THAT WE'RE NOT MAKING IT A CITY OF DISPENSARIES, SO IS THERE ANY MORE APPLICATIONS THAT HAVE COME IN? >> WE HAVE NOT RECEIVED ANY FORMAL APPLICATION, AND I STATED THIS BEFORE. WHAT THIS ORDINANCE IS DOING IS CHANGING THE APPLICATION TYPE FROM PERMITTED BY RIGHT TO SPECIAL EXCEPTION. THE PROCESS IS STILL AVAILABLE, A SPECIAL EXCEPTION APPLICATION CAN BE FILED. OF COURSE, THIS BODY, ALONG WITH THE PLANNING COMMISSION, WOULD CONSIDER THE APPLICATION IN THAT LOCATION. >> THANK YOU. THAT'S ALL. >> THANK YOU. COMMISSIONER BOLTON. >> MAYOR, THANK YOU SO MUCH. MS. CALLOWAY, ON THE LAST OCCASION, I ASKED SPECIFICALLY IF WE KNEW OF ANY APPLICATIONS, YOU SAID NO. BUT THEN MY FOLLOW-UP QUESTION WAS, DO WE KNOW OF ANY APPLICATION THAT MAY BE COMING BEFORE THE COMMISSION AND THE QUESTION WAS ANSWERED ALSO NO? NOW THAT WE'RE HEARING THAT THIS GENTLEMAN WAS TRYING TO APPLY, GIVES ME SOME CLOUD YET AGAIN FOR THE CONFIDENCE THAT I HAVE IN THE INFORMATION THAT STAFF COULD PRESENT TO US. [02:35:04] FOR THAT, I'M JUST VERY DISAPPOINTED. [OVERLAPPING] I'M NOT FINISHED. THE GENTLEMAN ASKED SPECIFICALLY FOR WHETHER OR NOT HE COULD LOCATE IN THE LOCATION THAT HE IS INTERESTED IN. WE WELCOME THOSE COLLABORATIONS WITH BUSINESSES BEFORE THEY COME BEFORE THE CITY. THAT'S THE RIGHT THING TO DO. A COUPLE OF YEARS AGO, I ADVOCATED FOR THE BOSS PROGRAM. THAT IS TO MAKE SURE THAT BUSINESSES DON'T ENTER INTO A LEASE AGREEMENT AND THEN HAVE SURPRISES FROM THE CITY. WE KNOW THAT I ADVOCATED FOR THAT. THAT CAME TO PASS, AND WE DON'T EXPECT THAT BUSINESSES WOULD THEN SEND A LETTER OF INTENT OR ASK FOR THIS THING AND THEN WE JUST PULL THE RUG OUT FROM UNDER THEM. THAT IS NOT COOL TOWARD BUSINESSES, AND I'M A LITTLE BIT DISAPPOINTED. I'D LIKE TO HEAR YOUR RESPONSE TO THAT, OF COURSE. >> SURE. COMMISSIONER, IF I MAY ADDRESS YOUR PREVIOUS COMMENTS ON THE FIRST READING, YOU DID ASK WHETHER OR NOT THERE WAS AN APPLICATION. I DID RESPOND IN THE AFFIRMATIVE, AND I HOPE THE COURT CAN PULL THAT RECORD. I SPOKE SPECIFICALLY ABOUT THIS APPLICATION, THE FACT THAT IT CAME IN AFTER JUNE 6, SO I DID RESPOND IN THE AFFIRMATIVE WHEN YOU ASKED ON FIRST READING. AS IT RELATES TO THIS APPLICATION, IT WAS THE ZONING REQUEST CAME IN IN FEBRUARY. THE ZONING ADMINISTRATIVE ORDER FOR INSTITUTE AND ZONING AND PROGRESS WAS FILED IN JUNE 6TH. WHEN IT WAS FILED ON JUNE 6TH, MY STAFF DID SEND AN EMAIL WITH THAT INFORMATION TO THIS APPLICANT, PUTTING THEM ON NOTICE THAT THE ZONING IN PROGRESS WAS INSTITUTED. >> ATTORNEY FOR THE CHAIR, IS THERE A WAY THAT WHEN WE'RE PASSING THIS TONIGHT, IT WOULD BE APPROPRIATE TO PASS IT WITH THE EXCEPTION THAT SUNNYSIDE WOULD BE ABLE TO PRESENT THEIR APPLICATION TO THE CITY, MOVE FORWARD TO THE BUILDING DEPARTMENT. >> NO, SIR. LET ME EXPLAIN. THE REASON WHY IS, IF YOU CARVE OUT AN EXEMPTION FOR THIS PARTICULAR LOCATION AND THIS PARTICULAR BUSINESS, THEN WE OPEN OURSELVES UP TO SIMILAR CLAIMS BY OTHERS. THIS IS ALL DUE RESPECT TO THE APP. IT'S NOT THE APPLICANT, BUT THE REPRESENTATIVES HERE. WE DON'T KNOW IF THERE'S OTHERS WHO MAY MAKE THE SAME TYPE OF CLAIM. ONCE YOU GIVE ONE RELIEF, CHARACTERIZES AS RELIEF AND REALLY NOT THE PURPOSE. YOU GIVE THEM AN EXEMPTION, YOU HAVE TO GIVE EVERYONE ELSE THAT MIGHT MEET THE SAME FACT PATTERN AN EXEMPTION. FRANKLY, I THINK THAT GIVEN FROM MY END, AND ONLY FROM MY END, A LACK OF INFORMATION AS TO POTENTIAL OTHER SIMILARLY SITUATED OR OTHER PROPOSED OPERATORS WHO MAY MAKE SIMILAR ARGUMENT. I CAN TELL YOU THAT THESE TYPE OF DISPUTES IF AND WHEN THEY GET TO A COURT OF LAW. I WANT TO EMPHASIZE IF AND WHEN BECAUSE I WANT TO SPEAK WITH MS. CALLOWAY, AS I INDICATED BEFORE, TO SEE IF THERE'S AN ADMINISTRATIVE RELIEF PROCESS THAT THIS PARTICULAR LOCATION CAN GO THROUGH. BUT THEY'RE VERY FACT INTENSIVE, VERY FACT SPECIFIC OF WHAT SPECIFICALLY TOOK PLACE, AT WHAT POINT IN TIME, HOW MUCH MONEY MAY OR MAY NOT HAVE BEEN SPENT. SO TO THE EXTENT THAT THE REPRESENTATIVE HERE SET FORTH A CLAIM OR AN ARGUMENT FOR EQUITABLE ESTOPPEL, THERE'S VERY SPECIFIC CRITERIA THAT THE COURT LOOKS AT. I WILL TELL YOU THAT THE COURTS IN FLORIDA HAVE UNIVERSALLY STATED THAT EQUITABLE ESTOPPEL IS TO BE APPLIED AGAINST GOVERNMENTS FAIRLY RARELY AND ONLY THE MOST EXTRAORDINARY CIRCUMSTANCES. I'M PARAPHRASING, BUT PARAPHRASING PRETTY CLOSE TO WHAT THE COURTS HAVE SAID. CONVERSELY, COMMISSIONER, ONE CASE THAT EVERYONE CITES TOO IS ALMOST VERBATIM WHAT SIMILAR THINGS. YOU CAN'T INVITE SOMEONE ON TO THE WELCOME MAT AND THEN YANK IT OUT FROM UNDERNEATH THEM. BUT AGAIN, THAT'S A VERY FACT INTENSIVE ANALYSIS. I DON'T BELIEVE THAT ANY OF US HAVE ENOUGH INFORMATION BEFORE US RIGHT NOW TO EVEN COME CLOSE TO MAKING THAT JUDGMENT CALL. >> ATTORNEY, THE ONLY APPLICATION OR [02:40:04] THE ONLY LETTER OF INTENT THAT WE KNOW OF IS THE ONE FROM SUNNYSIDE. CAN YOU VERIFY THAT, MS. CALLOWAY? >> WELL, LET ME SPEAK AS IT RELATES TO THE ORDER, AND THE ORDER DOES INCLUDE AN EXEMPTION. IT DOES SEE ANY APPLICATION IN THE PIPELINE AT THE TIME THE EFFECTIVE DATE OF THE ADMINISTRATIVE ORDER THAN WOULD BE EXEMPT. THE ONLY APPLICATION AT THAT TIME THAT WAS GOING THROUGH WITH 6586 NORTH UNIVERSITY DRIVE. IT'S SUBSEQUENTLY UNPICKING, THAT'S THE MURAL PLAZA. IT'S SUBSEQUENTLY OPENED AFTER THE ADMINISTRATIVE ORDER WAS SIGNED. NO APPLICATION WAS FILED BY SUNNYSIDE PRIOR TO JUNE 6TH OF 2022. THERE'S A DUE PROCESS AVAILABLE FOR THIS APPLICANT. THERE'S A SPECIAL EXCEPTION APPLICATION THAT CAN BE FILED, AND THIS BODY WOULD CONSIDER. >> I HEARD THE GENTLEMAN'S COMMENTARY ON EQUITABLE ESTOPPEL AND I AGREE WITH THEM 100 PERCENT AND TO THE EXTENT THAT MY COMMENTS HERE IS HELPFUL IN COURTS. SO BE IT. I DID SEND AN EMAIL TO STAFF REGARDING OTHER ITEMS THAT WENT THROUGH THE COURT. WE WASTED MONEY ON AND I WAS RIGHT. WATCH OUT FOR THIS ONE. MS. CALLOWAY, MUN MC TELL ME WHERE THAT IS AGAIN. >> THAT ZONING DESIGNATION IS THROUGHOUT THE CITY, SOME PRIMARILY ON MCNABB. YOU HAVE SOME DESIGNATION ON UNIVERSITY, SOME DESIGNATION AS WELL, ON COMMERCIAL BOULEVARD, BUT PRIMARILY ON UNIVERSITY DRIVE AND MAC MIRE. >> SO THERE WOULD NOT BE A PROLIFERATION OF MEDICAL MARIJUANA DISPENSARIES BECAUSE OF WHERE YOU ZONE THESE? >> NOT NECESSARILY, AND COMMISSIONER, THE INTENT REALLY IS JUST BECAUSE THE USE IS SOMEWHAT UNIQUE. WE WANT TO HAVE SOME SAFE GUARDS, WHICH IS WHY WE CHANGE APPLICATION TYPE. IT'S NOT PROHIBITED, IS NOT EXEMPT. IT'S JUST A CHANGE IN THE APPLICATION TYPE TO GIVE THIS BODY THE OPPORTUNITY TO ASSESS EVERY APPLICATION THAT COMES BEFORE THE CITY. >> REMEMBER, MS. CALLOWAY, YOU READ THE SAME ONE THAT SAID THAT CHURCHES COULD BE ALONG COMMERCIAL BOULEVARD AND I REJECTED YOUR SAME IDEA. THIS CITY IS ZONED SO MUCH SO THAT CHURCHES CAN JUST POP UP ALONG COMMERCIAL BOULEVARD, A VERY IMPORTANT CORRIDOR IN THE CITY. AGAIN, I DON'T TRUST THIS MUN MC, BUT I'LL TAKE YOUR WORD FOR IT. NO FURTHER. NOW, OBVIOUSLY, MS. CALLOWAY, I'M A PROPONENT OF MEDICAL MARIJUANA DISPENSARIES AND THEIR USE. YOU KNOW THAT. THAT IS WHY I'VE BEEN CONSISTENTLY VOTING AGAINST THIS THING THAT YOU HAVE, ZONING IN PROGRESS. I DON'T SUPPORT IT, WILL NEVER SUPPORT IT. I SUPPORT THE GENTLEMAN'S APPLICATION TO THE EXTENT THAT IT WILL COME THROUGH. WHEN IT COMES THROUGH AT A FUTURE MEETING, I'M MORE THAN HAPPY TO PASS THEM SINCE I THINK THAT'S THE RIGHT THING TO DO. I'VE NEVER MET HIM OR SPOKEN TO HIM IN A DAY IN MY LIFE. >> SURE. >> THANK YOU SO MUCH. >> ANY OTHER WORDS, HE'S ON? >> COMMISSIONER VILLALOBOS. >> THANK YOU, MAYOR. THAT WON'T DISAGREE WITH COMMISSIONER BOLTZMANN'S COMMENTS. BUT WHERE I DO DISAGREE IS THAT, EVERY VENDOR THAT COMES INTO THE CITY, ESPECIALLY DISPENSARIES, ESPECIALLY ANYTHING THAT'S MAJOR, THEY KNOW THEY'RE GOING TO DO DUE DILIGENCE. THEY KNOW THAT THEY NEED TO FIND OUT FIRST BEFORE THEY APPLY OR BEFORE THEY PUT AN ESTOPPEL, BEFORE THEY DO ANYTHING, THEY'RE GOING TO DO DUE DILIGENCE THROUGH THE CITY. IF I CAN MOVE MY BUSINESS IN THAT CITY. FOR ANY APPLICANT TO THEN SAY, OH, WE DIDN'T KNOW NOW WE'RE GOING TO LOSE OUR MONEY DEPOSIT BECAUSE THE CITY SUCKS AND BLAH, BLAH, BLAH, THAT'LL BE YES. BECAUSE IF I'M COMING INTO THE CITY AND I HAVE A BIG BUSINESS, I AM GOING TO DO MY DUE DILIGENCE, AND THAT IS POINT BLANK. I CAN'T EMPHASIZE ANYMORE ON THAT. THANK YOU VERY MUCH. YOU GUYS ARE DOING A GREAT JOB. >> THANK YOU. >> THANK YOU. VICE MAYOR. >> THE FIRM, SUNNYSIDE, YOU'RE SAYING THAT THEY WILL HAVE AN OPPORTUNITY OR THEY WON'T HAVE AN OPPORTUNITY IF WE PASS THIS, TO ESTABLISH OPERATIONS IN TAMARAC? >> THIS ORDINANCE CHANGES THE APPLICATION TYPE FROM TARGETED BY RIGHT TO A SPECIAL EXCEPTION. >> SO THEY WOULD STILL BE ABLE TO COME ON BY [OVERLAPPING] THAT WILL COME THROUGH US AND WE WOULD VOTE YES OR NO IN THIS? [OVERLAPPING] >> THEY WILL BE ABLE TO FILE A SPECIAL EXCEPTION APPLICATION AFTER THIS ORDINANCE PASSES TONIGHT THAT WOULD BE HEARD BY THE PLANNING BOARD AND THEN THIS BODY, YES. [02:45:03] >> OKAY. >> IF I MAY, TO INTERRUPT. BUT I THINK THAT'S AN IMPORTANT DISTINCTION TO NOTE, PARTICULARLY AS IT RELATES TO THE QUESTION OF EQUITABLE ESTOPPEL HAS BEEN RAISED. GENERALLY SPEAKING, THE [NOISE] CASES WHERE THE GOVERNMENTS HAVE BEEN FOUND TO HAVE VIOLATED THE CONCEPT OF ECHO ESTOPPEL, IS WHERE THEY EVENTUALLY SAID NO. NO, WE'RE NOT GOING TO CHANGE THE REGULATIONS. WE'RE RESENDING EVERYTHING THAT WE SAID TO YOU BEFORE. THE PROPERTY OWNER STILL HAS THE ABILITY TO SIMPLY APPLY FOR AND GO THROUGH THAT ADDITIONAL PROCESS AS OPPOSED TO WHAT IT WAS BEFORE, WHICH WAS AS OF RIGHT. THEY DO HAVE A REMEDY. THERE IS A PROCESS, AND I WOULD CONTEND ON BEHALF OF THE CITY THAT THEY HAVE AN OBLIGATION TO EXHAUST THOSE ADMINISTRATIVE REMEDIES BEFORE THEY SEEK REDRESS IN THE COURTS FOR A CLAIM OF EQUITABLE ESTOPPEL AGAINST THE CITY. >> MAY I ADDRESS THE ATTORNEY? >> USE THIS OR SHOULD I GO DOWN? >> PLEASE, OVER HERE. WOULD YOU, PLEASE, CLARIFY, YOU ARE THE ATTORNEY FOR SUNNY SIDE? >> YES. >> SUNNY SIDE IS THE POTENTIAL LESSER OF THE PROPERTY, NOT OWNER OF THE PROPERTY. IS THAT CORRECT? >> THAT'S CORRECT. >> THANK YOU. PLEASE PROCEED. >> YES. MR. VICE MAYOR. >> THANK YOU. HAS THE FIRM YOU'VE REPRESENTED GONE THROUGH A SPECIAL EXCEPTION PROCESS BEFORE FOR YOUR CLIENT? >> THAT HAS NOT BEEN THE PROCESS PRESENTED TO US BY THE CITY, THUS FAR. >> ANY OTHER CITY AND ANY OTHER LOCATION. >> WE HAVE DONE THOSE PROCESSES IN OTHER LOCATIONS. HERE WE DID TO THE COMMISSIONERS POINT, DO OUR DUE DILIGENCE AND RELY ON THAT ZONING VERIFICATION LETTER. THE TIME SPENT IN BETWEEN UNTIL THE ACTUAL APPLICATION WAS SPENT SENDING EXPENSES THAT OTHER ARM OF THE EQUITABLE ESTOPPEL ARGUMENT, IF YOU WILL, THAT PROVIDES US THE ABILITY TO PUT TOGETHER THAT SITE PLAN, TO PUT THE NECESSARY APPLICATION TOGETHER WITH THE CITY. AT THAT POINT, THAT ORDER WAS THEN APPROVED AFTER THE FACT BY THIS BODY. >> RIGHT. YOU GUYS WEREN'T JUST CHILLING AND WASTING TIME. YOU WERE WORKING ON BEHALF OF THE CLIENT TO GET THINGS DONE, THEN ALL OF A SUDDEN YOU GOT A LETTER SAYING THE RULES OF THE GAME HAS CHANGED? >> YES, INCURRED EXTENSIVE OBLIGATIONS AND EXPENSES. >> WOULD YOU INCUR ADDITIONAL OBLIGATIONS AND EXPENSES BY GOING THROUGH A SPECIAL EXCEPTION PROCESS? >> YES. AGAIN, WE HAVE A PENDING SITE PLAN FOR APPROVAL UNDER THE RELIANCE OF THE ZONING VERIFICATION LETTER PROVIDED BY THE CITY THAT'S AWAITING APPROVAL NOW. WE'RE JUST SIMPLY ASKING THAT THE CITY CAN GO FORWARD WITH THIS ORDINANCE TO PREVENT FURTHER PROLIFERATION OF ANY KIND THAT MIGHT HAPPEN. THEY CAN ASSESS EACH SITE, AS A SPECIAL EXCEPTION. HERE WE HAVE A PENDING SITE PLAN, AND RELIANCE ON IT'S ZONING VERIFICATION LETTER, AND WE'RE SIMPLY ASKING FOR AN EXEMPTION FROM THIS TO BE GRANDFATHERED INTO THE OLD PROCEDURES THAT WE FOLLOWED TO ALLOW FOR THIS SITE PLAN TO BE APPROVED. >> MS. CALLOWAY, HE'S SAYING PENDING, YOU'RE SAYING NOT PENDING. WHAT'S THE ANSWER? >> HE HAS A PENDING APPLICATION IN THE BUILDING DEPARTMENT THAT WAS FILED AFTER JUNE 6TH. THE ORDER THAT WAS RATIFIED BY THIS BODY, SAYS THAT THERE'S AN EXEMPTION PROVIDED IF YOUR APPLICATION WAS FILED PRIOR TO JUNE 6TH IN THE PIPELINE. >> OKAY. >> IF I MAY, TO THE CITY ATTORNEY'S POINT, THAT ORDER WAS APPROVED AFTER OUR APPLICATION WAS IN BY THIS BODY. IN TERMS OF THE ABILITY AND THE AUTHORITY OF THIS BODY TO PROVIDE FOR AN EXEMPTION FROM AN ORDER IN WHICH THEY APPROVED, WE BELIEVE YOU DO HAVE THAT AUTHORITY TO ALLOW THIS SITE PLAN TO BE APPROVED. >> CITY ATTORNEY, DO WE HAVE THAT AUTHORITY? [OVERLAPPING] >> THE WAY THAT OUR CODE READS IS THAT THE ZONING IN PROGRESS GOES INTO EFFECT ON THE DATE THAT MS. CALLOWAY SAID THE NOTICE WAS SENT OUT. THEY MISSED IT. THEY MISSED IT BY WHAT APPEARS TO BE A DAY. THAT'S HOW OUR CODE READS. YOU DO HAVE TO IN THESE TYPES OF SITUATIONS, WHEN LOCAL GOVERNMENTS DO INVOKE ZONING AND PROGRESS, YOU HAVE TO PICK A DATE, A LINE, AND IF YOU HAD AN APPLICATION IN BEFORE THAT DATE, THEN YOU'RE ALLOWED TO PROCEED. IF YOU SUBMITTED AFTER THAT DATE, THEN YOU'RE SUBJECT TO THE NEW REGULATIONS. THAT'S HOW THE CONCEPT OF ZONING IN PROGRESSES HAS BEEN INTERPRETED AND APPLIED BY THE COURTS HERE IN FLORIDA. [02:50:03] >> HIS ASK IS THAT WE MAKE AN EXEMPTION OF THE FIRM HE REPRESENTS. OUTSIDE OF THIS REQUEST, MS. CALLOWAY IS SAYING HE HAS A REMEDY, AND YOU'RE SAYING IS A REMEDY THROUGH THE SPECIAL EXCEPTION. MY QUESTION IS, CAN WE EXEMPT HIM OR THE FIRM HE REPRESENTS FROM THIS? >> NOT UNDER YOUR CODE AS IT'S WRITTEN TODAY. >> WHAT IF WE TABLE THIS TO THE NEXT COMMISSION MEETING? >> WELL, IN ORDER TO BE ABLE TO PROVIDE THE RELIEF THAT THIS PARTICULAR PROPERTY, >> 601 UNIVERSITY DRIVE. >> IS ATTEMPTING TO ASK YOU TO IMPLEMENT, REQUIRES YOU TO CHANGE THE CODE AS WELL TO PROVIDE FOR THAT ADMINISTRATIVE RELIEF AT THIS LEVEL. THAT SYSTEM AND THAT PROCESS DOES NOT CURRENTLY EXIST. IF WE WERE TO DO SO, WE WOULD BE ESSENTIALLY APPLYING A LAW BEHIND US, WHEN THE LAW SAYS YOU APPLY THOSE LAWS PROSPECTIVELY. THERE IS NO EXISTING PROVISION IN YOUR CODE TO EXEMPT SOMEONE FROM AN ORDINANCE BASED UPON CONCEPT OF EQUITABLE ESTOPPEL. SOME JURISDICTIONS DO HAVE THAT. WE DON'T. TO CREATE THAT, WE WOULD THEN HAVE TO ADOPT IT WHILE THIS ORDINATE STAYS IN LIMBO AND THEN APPLY IT RETROACTIVELY, AND THAT'S WHERE THERE'S A SIGNIFICANT LEGAL ISSUE OF APPLYING LAWS ADOPTED RETROACTIVELY. >> I'D LIKE TO HEAR FROM THE ATTORNEY. >> BEING GRANDFATHERED IN IS A BIT OF AN ANTIQUATED TERM, BUT THAT'S WHAT WE'RE ASKING FOR. THAT'D BE, WE BE GRANDFATHERED INTO THE PREVIOUS PROCEDURES AND REQUIREMENTS THAT THE CITY HAS PUT FORTH BECAUSE WE WERE RELYING ON THAT ZONING VERIFICATION LETTER AT A TIME WHEN ALTHOUGH THE ZONING IN PROGRESS WAS PUT FORTH, THIS BODY HAD NOT APPROVED IT, AND SO BECAUSE WE SUBMITTED THAT IN RELIANCE ON THE EXISTING USE AND PERMITTED USE OF RIGHT OF THAT PROPERTY THAT WE'RE ASKING THIS BODY TO GRANDFATHER US INTO THAT PROCESS AND APPROVE THAT SITE PLAN. >> CAN WE DO THAT? >> NO. >> WHY CAN'T WE DO THAT? >> BECAUSE GRANDFATHERING IS FOR NON-CONFORMING USERS. IN OTHER WORDS, THE USE HAD TO HAVE BEEN IN EXISTENCE FOR IT TO BE GRANDFATHERED. THAT'S THE CONCEPT OF GRANDFATHERING UNDER YOUR CODE AND THE LAW IN GENERAL IN FLORIDA ON THE ISSUE OF NON-CONFORMITIES. A NON-CONFORMING GRANDFATHERED USE MUST BE IN EXISTENCE AT THE TIME OF THE ADOPTION OF THE NEW REGULATIONS TO BE GRANDFATHERED. THERE'S BEEN NO EVIDENCE, NO COMMENTS, NOTHING HERE TO SAY THIS USE EXIST TODAY. THEY'VE ESSENTIALLY ADMITTED THAT THEIR PROPOSED USE IS PERSPECTIVE IN NATURE, DOESN'T EXIST, IT'S NOT THERE, AND THEREFORE THERE'S NOTHING TO GRANDFATHER. THAT'S THE CONCEPT OF GRANDFATHERING. WE'RE NOW MIXING AND MATCHING THE CONCEPTS OF LEGAL CONCEPTS OF GRANDFATHERING WITH EQUITABLE ESTOPPEL. THEY'RE VERY DISTINCT, VERY DIFFERENT CRITERIA, AND YOU DO HAVE EXISTING PROVISIONS IN YOUR CODE THAT GRANDFATHER EXISTING USES. BUT BECAUSE THIS USE IS NOT AN EXISTENCE ON THE DATE OF THE ADOPTION OF THIS ORDINANCE, IT'S NOT ELIGIBLE FOR GRANDFATHERING. THEY'RE CONFLATING, THEY'RE MIXING AND TRYING TO EQUATE THE TWO CONCEPTS WITH EACH OTHER, AND YOU CAN'T DO THAT. >> BY WAY OF ILLUSTRATION, I DID WANT TO GO FORWARD WITH MY LAST OUTLINE OF THE ISSUES. THE POINT BEING, WHY WE'RE HERE TODAY IS WE HAVE RELIED UPON A ZONING VERIFICATION LETTER BY THE CITY, AND IT'S EXPENDED GREAT EXPENSES FOR IN RELIANCE ON THAT, TO SUBMIT A SITE PLAN FOR A BUILDING PERMIT UNDER SOMETHING THAT WAS PERMITTED AS A VESTED RIGHT, UNDER THE ZONING VERIFICATION LETTER PROVIDED BY THE CITY. THAT'S WHY WE'RE HERE TODAY. >> YOU FEEL THAT YOU'VE BEEN TREATED UNFAIRLY BY THE CITY BASED ON WHAT'S HAPPENED THEN? >> I WILL SIMPLY SAY THAT BECAUSE WE HAVE A PENDING APPLICATION FOR A SITE PLAN THAT WAS IN RELIANCE UPON A ZONING VERIFICATION LETTER PROVIDED BY THIS CITY, THAT WE ARE ASKING FOR IT TO BE OUTSIDE THE BOUNDS OF THIS NEW PROCESS IN WHICH WE'D HAVE TO COMPLETELY CHANGE GEARS AND SUBMIT A NEW APPLICATION. WHEN ALL WE'RE ASKING FOR TODAY, IS A SIMPLE APPROVAL OF THE SITE PLAN. >> MS. CALLOWAY, WERE YOU AWARE OF THIS APPLICANT, AND WHAT THEY WERE GOING THROUGH WHEN YOU INSTITUTED THE ZONING IN PROGRESS? [02:55:03] >> WE HAD ISSUED A ZONING VERIFICATION LETTER IN FEBRUARY. WE ISSUED A ZONING IN PROGRESS ON JUNE 6TH, WHICH IS EFFECTIVE ON THE DATES INSTITUTED. THE APPLICATION CAME IN ON JUNE 21ST. THAT'S WHAT OUR RECORDS SHOW. NOW ONE DAY AFTER, I'M NOT GOOD AT MATH, BUT JUNE 21ST. >> THEY WERE NOTIFIED IN FEBRUARY YOU'RE SAYING? >> THEY WERE SENT A LETTER IN FEBRUARY WHEN THEY ASKED, CAN THEY MOVE IN TO THE CITY, THEY WERE SENT A LETTER. WHEN WE ISSUED THE ZONING IN PROGRESS, MY STAFF SENT A COPY OF THE ZONING IN PROGRESS. >> WHAT DID THAT LETTER STATE? THAT FEBRUARY LETTER, ZONING IN PROGRESS OR THAT THEY WERE LIED ON? >> IT'S STATED AT THE TIME THAT MEDICAL MARIJUANA DISPENSARY IS A PERMITTED USE IN THE CITY IN THAT ZONING DISTRICT, BECAUSE IN FEBRUARY, IT'S A PERMITTED USE. >> THAT'S WHAT YOU RELIED ON IN FEBRUARY, MR. ATTORNEY? >> YES. >> DID YOU GIVE US AN ESTIMATE OF THE INCURRED COSTS WHEN YOU STARTED THIS PROCESS? >> I'M HAPPY TO PROVIDE THOSE NUMBERS AND COMPILE THEM. >> OKAY. >> COMMISSIONER, WE'RE HAPPY TO PROCESS A SPECIAL EXCEPTION APPLICATION. >> OKAY. >> I WOULD ENCOURAGE YOU TO TALK TO THE COMMISSION, MAKE SURE THAT YOUR CLIENT ENGAGES WITH THE COMMISSIONS WHO ARE AWARE OF WHERE YOU ARE THROUGHOUT THE PROCESS. I DON'T LIKE WHEN BUSINESS PARTNERS FEEL THAT THEY'RE BEING TREATED UNFAIRLY. I HAVE A SMALL BUSINESS AND I DO GOVERNMENT CONTRACTING AND GET FRUSTRATED WORKING WITH THE GOVERNMENT SOMETIMES BECAUSE SOMETIMES THE RULES DO CHANGE IN THE MIDDLE OF THE GAME AND YOU FEEL LIKE YOU DON'T HAVE ANY RECOURSE. BUT IT SOUNDS LIKE THERE IS A LITTLE BIT OF RECOURSE. >> THERE IS. >> OKAY, BUT IT MAY TAKE A LITTLE BIT MORE TIME AND MONEY SPENT. BUT I GUESS THAT'S THE COST OF DOING BUSINESS. >> WELL, I'LL JUST THANK YOU FOR YOUR TIME. AGAIN, WE LOOK FORWARD TO PARTNERING WITH YOU. IT'S A LATE NIGHT FOR YOU-ALL TOO, SO I APPRECIATE YOU HEARING US OUT. >> ALL RIGHT, THANK YOU. >> WE ACTUALLY STILL HAVE SOME OTHER PEOPLE THAT WISH TO MAKE COMMENTS, SO HAVE A SEAT YOU'RE NOT STUCK SITTING THERE. THIS IS NOT YOUR APPLICATION. [LAUGHTER] THIS IS OUR CITY'S ORDINANCE ON SECOND READING PUBLIC HEARING ON WHETHER OR NOT WE'RE GOING TO CHANGE THE ORDINANCE TO MAKE IT A SPECIAL EXCEPTION. >> COMMISSIONER BOLTON, YOU HAVE YOUR LIGHT LIFT FOR ANOTHER COMMENT. >> MAYOR, THANK YOU SO MUCH. MS. CALLOWAY, THE ISSUING OF THE ZVL WAS A GOOD THING FOR THE GENTLEMAN, BUT IT SOUNDS AS IF THE CITY SAW THIS COMING AND THEN THIS WAS LIKE A SOUND THE ALARM KIND OF THING AND LET US HAVE A ZONING IN PROGRESS. I'VE BEEN DOING THIS FOR A WHILE, EVER SINCE 2016, I'VE SEEN THIS BEFORE. WHEN YOU COME WITH A ZONING IN PROGRESS, MY ANTENNAS GO UP BECAUSE I KNOW SOMETHING LIKE THIS MUST BE IN THE PIPELINE. MY QUESTIONS ARE ALWAYS VERY CALCULATED AND ALWAYS ASKING FOR THESE SAME REASONS. MS. CALLOWAY IS NOT THAT YOU ARE NOT DOING A GOOD JOB, IT'S NOT THAT YOUR STAFF DOES NOT DO AN EXCELLENT JOB. I BELIEVE THAT YOUR STAFF IS COMPETENT, I BELIEVE THAT YOU'RE COMPETENT. BUT BEING AN ATTORNEY YOURSELF AND BEING SO SMART AND ASTUTE, I UNDERSTAND THAT THE CITY MIGHT HAVE SEEN THIS COMING AND WANTED TO PUT A ZONING IN PROGRESS. NOTWITHSTANDING THAT, I STILL DON'T THINK THAT IT IS FAIR, IT IS NOT REASONABLE, AND I BELIEVE THAT THE GENTLEMAN SHOULD COME BACK IN GOOD FAITH AND MAKE THE APPLICATION, AND AT THAT TIME I'M MORE THAN HAPPY TO PASS THAT IN GOOD FAITH. I WISH THEM ALL THE BEST AND I WISH YOU-ALL THE BEST AS WELL. MERRY CHRISTMAS. >> THANK YOU. I'M JUST GOING TO MAKE A COUPLE OF STATEMENTS, YOU DON'T HAVE TO ANSWER THEM, I'M JUST THROWING THEM OUT THERE. FOR MS. CALLOWAY, JUST IN GENERAL, I'M THROWING THIS OUT THERE. HOW MANY TIMES DOES YOUR OFFICE SEND A LETTER TO PEOPLE WHO ARE REQUESTING TO KNOW THEIR ZONING, IF IT IS APPLICABLE OR NOT? HOW LONG DOES IT USUALLY TAKE FOR YOU TO DETERMINE WHETHER OR NOT THEY'RE ACTUALLY GOING TO FULFILL THEIR REQUESTS THAT THEY WANT THAT PROPERTY. IS IT THREE MONTHS, TWO MONTHS, FOUR MONTHS A WEEK? IS IT NORMAL FOR IT TO TAKE THIS LONG? ARE YOU SUPPOSED TO BE A MIND READER TO KNOW IF THEY'RE GOING TO GO FORWARD WITH AN APPLICATION JUST BECAUSE THEY ASKED YOU IF THAT PROPERTY IS ZONED ACCORDINGLY? AGAIN, I'M JUST THROWING THESE QUESTIONS OUT THERE. I'M NOT EXPECTING AN ANSWER. I'M JUST TRYING TO BALANCE A LITTLE BIT OF THE ATTACK AGAINST YOU AND YOUR DEPARTMENT FROM HAVING TO KNOW WHEN PEOPLE WANT TO DO BUSINESS IN OUR CITY. AS FOR THE APPLICANT WHO IS TRYING TO LEASE PROPERTY FROM THE OWNER WHO BOUGHT THE PROPERTY, FROM WHAT IT HAS BEEN PRESENTED HERE, [03:00:02] THERE IS AN APPLICATION AND A PROCESS, YOUR HANDS ARE NOT TIED, YOU ARE NOT BEING FORECLOSED OUT OF THE ABILITY TO PRESENT YOUR APPLICATION TO THE CITY AND ACTUALLY WHAT IT SOUNDS LIKE. YOU ARE SO AHEAD OF THE GAME BECAUSE YOU HAVE A SITE PLAN WHICH WILL MAKE THE PROCESS A LOT QUICKER FOR WHAT YOU CAN PRESENT TO US AT THE NEXT AVAILABLE MEETING WHEN YOU CAN COME ON BOARD. IF WE CAN ACTUALLY GET THIS PART INTO AN ACTUAL ORDINANCE, THEN WE CAN PROCEED AND GO FORWARD AND THEN YOU CAN SUBMIT YOUR APPLICATION ACCORDINGLY. SEEING NO FURTHER COMMENTS, CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU, MADAM MAYOR. COMMISSIONER BOLTON. >> THIS IS LIFTING UP, MS. CALLOWAY. THIS IS LIFTING ZONING IN PROGRESS PUTTING IT INTO EFFECT. REMIND ME, MS. CALLOWAY. JUST FOR THE RECORD. >> MS. CALLOWAY, YES. PLEASE FEEL FREE [OVERLAPPING]. >> THANK YOU, COMMISSIONER. YES, THIS ORDINANCE LIFTS THE ZONING IN PROGRESS EFFECTIVE TONIGHT, AND ALSO CHANGES THE APPLICATION TYPE FOR MEDICAL MARIJUANA AND PHARMACIES FROM PERMITTED BY RIGHT TO A SPECIAL EXCEPTION PROCESS IN THE MUN ZONING DISTRICT. >> FOR MY COLLEAGUES IS JUST NOT LIFTING, BUT IT IS CHANGING? >> THE APPLICATION TYPE, YES. >> MY ANSWER IS NO. >> COMMISSIONER VILLALOBOS? >> NO. >> VICE MAYOR GELIN? >> [LAUGHTER] YES. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER PLACKO? >> YES. >> MOTION PASS, THREE TO TWO. >> THANK YOU. NOW, LADIES AND GENTLEMEN, I DID SAY WE WERE GOING TO GO TO ANOTHER ONE DEPENDING ON TIMING, BUT CONSIDERING IT IS 10:13, WE'RE GOING TO HAVE A RECESS FOR 10 MINUTES, OR ACTUALLY, WE'LL JUST MAKE IT AN EVEN. WE'LL BE BACK HERE AT 10:25. WE'RE IN RECESS. >> LADIES AND GENTLEMEN, WE'RE NOW ACTUALLY GOING TO GO CONTINUING BACK OUT-OF-ORDER, BUT THANKFULLY OUR QUASI-JUDICIAL IS ALLOWING US TO GO BACK TO 8A SECOND READING. [8.a TO2786 - An Ordinance of the City of Tamarac, Florida, adopting amendments to the comprehensive plan, with changes, amending, the future land use element, infrastructure element, conservation element, intergovernmental coordination element, and capital improvements element of the city of Tamarac’s comprehensive plan, attached hereto as Exhibit “A” consistent with the south Florida Water Management District Water Supply Facilities Work Plan for the City of Tamarac; adopting with changes, and authorizing transmittal of the 2021 Ten Year Water Supply Facilities Work Plan attached hereto as Exhibit “B” and comprehensive plan amendments to the Department of Economic Opportunity and other agencies as required by Florida Statutes 163.3184(3) providing for inclusion in the comprehensive plan; providing for conflict; providing for severability; and, providing for an effective date.] 88202786, CITY ATTORNEY WILL READ THE TITLE FOR THE RECORD. MAYBE CITY ATTORNEY WILL NOT READ THE TITLE FOR THE RECORD. OH, THERE YOU ARE. >> 8A IS AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA ADOPTING AMENDMENTS TO THE CONFERENCE PLAN WITH CHANGES AMENDING THE FUTURE LAND USE ELEMENT, INFRASTRUCTURE ELEMENT, CONSERVATION ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND CAPITAL IMPROVEMENT ELEMENT, THE CITY OF TAMARAC COMPREHENSIVE PLAN ATTACHED HERE TOO IS EXHIBIT A. CONSISTENT WITH THE SOUTH FLORIDA WATER SUPPLY FACILITIES WORK PLAN FOR THE CITY OF TAMARAC, ADOPTING WITH CHANGES AND AUTHORIZING TRANSMITTAL TO 2021 10-YEAR WATER SUPPLY FACILITIES WORK PLAN. ATTACHED HERE TOO IS EXHIBIT B AND COMPREHENSIVE PLAN AMENDMENTS TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND OTHER AGENCIES REQUIRED BY FLORIDA STATUTES SECTION 163318403, PROVIDING FOR INCLUSION IN THE CONFERENCE AND PLAN, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU. I WILL ASK FOR A SECOND, PLEASE. >> SECOND. >> SECOND BY COMMISSIONER VILLALOBOS TO MY MOTION. WE WILL NOW OPEN THIS FOR PUBLIC COMMENTS. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO MAKE ANY PUBLIC COMMENTS? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED. DOUG HEMININE, OUR PRESIDENT AND PRINCIPAL ENGINEER, AND BRIAN'S FACIE IS HERE FOR ANY QUESTIONS, IF WE HAVE ANY, AND PROJECT MANAGER OF EKRA ENGINEERING WILL MAKE A PRESENTATION. DO YOU WISH TO MAKE A PRESENTATION? >> UP HERE? >> THIS IS ON SECOND READING. COMMISSION, DO WE NEED A PRESENTATION? NO, WE DO NOT NEED TO HAVE A PRESENTATION, SO THANK YOU. SEEING NO DISCUSSION BY THIS COMMISSION, LET'S PLEASE CALL THE ROLL QUICKLY, PLEASE. >> THANK YOU, MAYOR. COMMISSIONER PLACKO? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> VICE MAYOR GELIN? >> YES. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER BOLTON? >> YES. >> MOTION PASS, FIVE TO ZERO. THANK YOU. >> THANK YOU VERY MUCH. GOODNIGHT, GET HOME SAFELY PLEASE. >> ALL RIGHT. NOW, THE ACTUAL PROMISED ITEM ON THE AGENDA THAT WE'RE GOING TO IS QUASI-JUDICIAL HEARING 98TB0581. >> [INAUDIBLE] MADAM MAYOR. >> NO. WE'RE GOING TO FOLLOW THE REST OF THIS TB. >> TO THE CHAIR, CITY ATTORNEY. >> CITY ATTORNEY? >> YES. WHAT'S THE QUESTION? >> WE HAVE A QUASI-JUDICIAL PERSON WHO HAS BEEN WAITING HERE WHO'S ON SCHEDULE. >> I UNDERSTAND THAT, AND I HAVE SOMEBODY WAITING ON THE SCHEDULE AS WELL, SO I LIKE TO GET CONSENSUS FROM THE COMMISSION. I HAVE SOMEBODY THAT LIVES WAY DOWN IN SOUTH MIAMI THEN AFTER THIS QUASI-JUDICIAL HEARING, WE CAN HEAR MY ITEM 10B. [03:05:01] >> COMMISSIONER, ITEM 10B IS A DISCUSSION WORKSHOP ITEM THAT [OVERLAPPING] ITEM SET BY THE CITY OF TAMARAC. >> COMMISSION FOR CONSENSUS TO ALLOW THE PERSON TO SPEAK ON THE ITEM, SO I'M ASKING WHETHER I'M GOING TO COME UP AFTER THIS QUASI-JUDICIAL HEARING. >> I DON'T HAVE A PROBLEM WITH THAT. >> WE WILL DEAL WITH THAT ITEM AFTER WE FINISHED OUR QUASI-JUDICIAL HEARINGS. >> THAT'S WHAT I'M ASKING. >> WE WILL DEAL WITH WHETHER OR NOT WE HAVE IT HEARD AFTER THIS QUASI-JUDICIAL HEARING. >> THANK YOU. >> MAYOR, REMEMBER OUR RULES DOES NOT ALLOW FOR SPEAKERS UNDER THAT SECTION. >> I KNOW. >> I BELIEVE THE VICE MAYOR'S QUESTION IS, CAN THE SPEAKER SPEAK? BECAUSE IF SHE'S NOT ABLE TO SPEAK, THEN THERE'S NO REASON FOR HER TO STAY. >> THANK YOU FOR THE CLARIFICATION. >> YOU'RE WELCOME, MAYOR. >> THE SPEAKER IS NOT ABLE TO SPEAK FOR 10B BECAUSE WE DO NOT HAVE SPEAKER PRESENTATIONS DURING THAT. THE PERSON COULD HAVE SPOKEN DURING PUBLIC COMMENTS. >> SHE IS WITH COMMISSION CONSENT, SO I'M GOING TO ASK FOR COMMISSION CONSENT. >> VICE MAYOR, THE CITY DOES HAVE RULES AND REGULATIONS FOR A REASON, AND IT SEEMS THAT WE ARE ALWAYS TRYING TO CHANGE THE RULES. [OVERLAPPING]. >> WE'RE NOT ALWAYS, WE SPECIAL EXCEPTIONS. >> IN THE MIDDLE OF US DOING OTHER RULES AND FOLLOWING PROPER PROCEDURES. >> [OVERLAPPING] JUST LIKE WE'RE GOING TO HAVE SPECIAL EXCEPTIONS, FOR THIS MARIJUANA THING, THE SPECIAL EXCEPTION, SO I'M ASKING THE COMMISSION FOR AN EXCEPTION. >> [OVERLAPPING] THE SPECIAL EXCEPTION IS GOING THROUGH A PROCESS AND THAT WILL BE HEARD DURING THE SPECIAL EXCEPTION PROCESS, A SPECIAL EXCEPTION WAS NOT HEARD TONIGHT IN THE MIDDLE OF THIS MEETING, APPLES AND APPLES. AT THIS TIME, I AM SORRY, MA'AM. I UNDERSTAND YOU'D LIKE TO SPEAK, BUT IT'S A DISCUSSION WORKSHOP ON ITEM 10B. I'M SORRY THAT PUBLIC COMMENTS ARE NOW CLOSED. >> NO, YOU HAVE TO GET CONSENSUS. >> I'M JUST SHARING MY COMMENTS WITH HER WITH A PROCESS THAT IS CURRENTLY UNDERWAY. >> IF YOU'D LIKE TO WAIT A LITTLE FURTHER, WE'RE GOING TO HEAR OUR QUASI-JUDICIAL ITEM AT THAT TIME. IF THIS COMMISSION WISHES TO HAVE A VOTE AS TO WHETHER OR NOT YOU CAN SPEAK IN THE MIDDLE OF 10B WHICH WILL BE HEARD IN ORDER, WE WILL TALK AT THAT TIME. WE'RE GOING TO FINISH WITH OUR QUASI-JUDICIAL THAT IS ON THE SCHEDULE, PLEASE. CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD FOR 98TB058. [9.a TBO58 - Board Order Approving/Denying Variance for Sonny’s The Carwash Factory - 5870 N. Hiatus Road, Tamarac, Florida 33321. Jennifer Ronneburger, designated agent for the property owner, Westpoint Business Center, LLC filed an application with the City of Tamarac, Department of Community Development seeking approval of Sign Variances.] >> MADAM MAYOR, NORMALLY AT THIS POINT IN TIME, I READ A BRIEF STATEMENT REGARDING THE QUASI-JUDICIAL PROCEDURES THAT WE HAVE AND WE'D SWEAR IN THE WITNESSES, AND THEN ASK EACH OF YOU TO DISCLOSE ANY EX PARTE COMMUNICATIONS. >> YES, BUT USUALLY YOU SAY THE TITLE FIRST, THAT'S WHAT WE HAVE WRITTEN DOWN HERE. >> OKAY, I'M SORRY. THE FIRST ITEM, 9.A, AND QUADRATURE HEARINGS IS BOARD ORDER APPROVING, DENYING INVARIANTS FOR SONNY'S, THE CAR WASH FACTORY AT 5870 NORTH HIATUS ROAD, TAMARAC, FLORIDA 33321. JENNIFER RONNEBURGER, DESIGNATED AGENT FOR THE PROPERTY OWNER, WEST POINT BUSINESS CENTER, LLC, HAS FILED AN APPLICATION, CITY OF TAMARAC DEPARTMENT ACUITY DEVELOPS SEEKING APPROVAL, SIGN VARIANCES. >> NOW, WOULD YOU PLEASE PROCEED TO READ THE RULES OF QUASI-JUDICIAL AND SWEARING [NOISE] IN THE WITNESSES. THANK YOU. >> I WILL CONDENSE ALL PERSONS TESTIFYING BEFORE THE CITY COMMISSION ON THIS ITEM OR ANY QUESTIONS AND MUST BE SWORN IN. PETITIONER AND EFFECTIVE PERSON SHALL BE GIVEN THE OPPORTUNITY TO PRESENT EVIDENCE, BRING FORTH WITNESSES, CROSS-EXAMINE WITNESSES AND ROBOT ANY TESTIMONY. HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE, SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE, BUT IT SHALL NOT BE SUFFICIENT BY ITSELF TO SUPPORT A FINDING. DOCUMENTED EVIDENCE MAY BE PRESENTED IN THE FORM OF A COPY OF THE ORIGINAL IF AVAILABLE. THE PROCEEDINGS GENERALLY ARE THE APPLICANT GOES FIRST, THEN STAFF, PARTIES WHO ARE IN SUPPORT, PARTIES WHO ARE OPPOSED THEN CITY PERSONNEL CAN PROVIDE RESPONSES TO ANY OF THE QUESTIONS OR COMMENTS OF THE SPEAKERS AND THEN FINAL PRESENTATIONS FINALLY. THE CITY COMMISSION SAID DELIBERATED ON THE PETITIONER, FURTHER TESTIMONY SHALL BE TAKEN AND MEMBERS OF THE [NOISE] COMMISSION SHALL NOT ASK FURTHER QUESTIONS OR PERSONS PRESENTING TESTIMONY. THE CITY COMMISSION SHALL DISCUSS THE EVIDENCE AS WAS PRESENTED AT THE PROCEEDINGS AND VOTE ON THE PETITION. AT THIS TIME MAYOR WITH YOUR APPROVAL, EITHER CLERK SWEAR IN THE WITNESSES FOR ITEM 9.A. >> CITY CLERK, PLEASE SWEAR IN THE WITNESSES. >> I MIGHT AS WELL, NO THAT'S THE ONLY. I'M SORRY. >> ALL THOSE PRESENT FOR THIS ITEM, PLEASE STAND AND RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. >> AT THIS TIME, I WILL NOW ASK IF THERE'S ANY DISCLOSURES FROM THIS COMMISSION. COMMISSIONER BOLTON? >> NONE, MAYOR. >> COMMISSIONER PLACKO? >> I HAVE NONE. >> I HAVE NONE. VICE MAYOR? [03:10:02] >> NONE. >> COMMISSIONER VILLALOBOS? >> NONE. >> ALL RIGHT. THANK YOU. FORMALITIES ARE NOW OUT OF THE WAY. >> YOU ARE THE APPLICANT? >> I AM. >> OKAY. CAN YOU TELL ME WHO YOU ARE TENURE IS? >> IF I CAN ACTUALLY GET HER TO DO HER PRESENTATION, I'M SURE SHE'LL TELL US EXACTLY WHERE SHE'S COMING [OVERLAPPING] >> WE'RE IN EX PARTE DISCLOSURES. THAT IS SERIOUS. SO PLEASE. >> SURE I WILL. GOOD EVENING. MY NAME IS JENNIFER RONNEBURGER. MY COMPANY IS GOPERMIT. I WORK DIRECTLY FOR SONNY'S THE CAR WASH FACTORY. I'M NOT AN ATTORNEY. >> SO THERE'S NO ATTORNEY THAT REPRESENTS SONNY'S? >> THAT'S CORRECT. NOT FOR THIS APPLICATION. >> OKAY. MAYOR, I DO VAGUELY REMEMBER A CONVERSATION ABOUT SONNY'S CAR WASH. I DO NOT REMEMBER WHO I SPOKE TO AND TO THE EXTENT THAT I HAD A CONVERSATION WITH SOMEBODY, I WILL IN DUE COURSE MENTIONED IT. THE NAME ESCAPES ME TONIGHT. >> COMMISSIONER BOLTON, IT MIGHT HAVE BEEN IN DUE COURSE WITH WHEN THERE WAS AN APPLICATION BEFORE, IT'S FOR SOMETHING ELSE. THIS IS A SPECIFIC APPLICATION FOR VARIANCE AND FOR SIGNAGE, SO NOTED AND BECAUSE I BELIEVE WE'D ALL MADE OUR DISCLOSURES AT THAT LAST TIME. >> THANK YOU. >> IF YOU WOULD PLEASE PROCEED WITH YOUR PRESENTATION. >> SURE. AS STATED BEFORE, MY NAME IS JENNIFER RONNEBURGER. MY COMPANY IS GOPERMIT. MY ADDRESS IS 51 METALS DR. BOYNTON BEACH, FLORIDA 33436. I HAVE A VERY QUICK, SIMPLE, EASY, VERY STRAIGHTFORWARD PRESENTATION. I'M JUST GOING TO GO REAL QUICK INTO WHO SONNY'S IS. SONNY'S IS THE CAR WASH FACTORY THE LARGEST MANUFACTURER OF CONVEYORIZED CAR WASH EQUIPMENT IN THE WORLD WITH THIS LOCATION BECOMING THE COMPANY'S HEADQUARTERS. SONNY'S HAS BEEN WASHING CARS SINCE 1949. THEY BEGAN MANUFACTURING EQUIPMENT IN 1978 AND HAVE SINCE EXPANDED TO 20 STATES WITH OVER 400 EMPLOYEES. I WILL MAKE A CORRECTION. LAST WEEK WHEN I WAS HERE AT PLANNING AND ZONING, MY CLIENT WAS HERE AND HE TOLD ME IT'S NOW AT 15,000 EMPLOYEES. THAT'S QUITE IMPRESSIVE. ALSO, THEY HAVE WORKED TO CREATE A PROGRAM CALLED ONEWASH, WHICH IS THE INDUSTRY'S FIRST AND ONLY COMPLETE CAR WASH MANAGEMENT SUITE DESIGNED TO PROMOTE THE GROWTH OF THE CAR WASH INDUSTRY WORLDWIDE. WHAT WE'RE HERE ASKING FOR TONIGHT IS EXTERIOR SIGNAGE. WE'RE ALLOWED TO HAVE SIGNAGE ON THIS FACADE, BUT WE ARE REQUESTING A VARIANCE FROM SECTION 10-4.10 E2, AND TABLE 10-4.12 AS WELL AS SECTION 10-4.10 OF THE LAND DEVELOPMENT CODE. THE MAXIMUM GRAPHIC, LOGO AND LETTER HEIGHT IS 27 INCHES. WE'RE REQUESTING AN INCREASE OF 15 INCHES FOR THE LOGO ONLY FOR A 42 INCH IN HEIGHT. THIS SIGN DOES MEET THE OVERALL SQUARE FOOTAGE PLACEMENT AND EVERYTHING ELSE. WE'RE JUST ASKING FOR AN ADDITIONAL HEIGHT OF THE LOGO. IT IS A STACKED SET. IN ORDER TO HAVE THEIR BRANDING REQUIREMENTS MET, WE WOULD LIKE TO HAVE THAT SMALL INCREASE. THIS IS THE NORTHWEST ELEVATION ON HIATUS ROAD. THIS AGAIN FOR BRAND CONSISTENCY, WE'RE LOOKING FOR THE EXACT SAME SIGN ON THE NORTH ELEVATION FACING STATE STREET. ON THIS SECTION, WE'RE ALLOWED A MAXIMUM GRAPHIC LOGO LETTER HEIGHT OF 19 INCHES. OUR REQUEST IS TO INCREASE THE LOGO UP TO 23 INCHES MORE ON HEIGHT AND THE LETTER HEIGHT UP TO THREE INCHES. THE MAXIMUM OVERALL LOGO HEIGHT IS 42. THIS IS A CLOSE-UP VIEW OF WHAT WE'RE LOOKING FOR. THE SIGNS ARE IDENTICAL ON EACH ELEVATION, WHICH HELPS BRINGS AN AESTHETIC APPEARANCE TO THE BUILDING IN ADDITION TO PROVIDING AN ADEQUATE REPRESENTATION. AGAIN, OVERALL HEIGHT, 3'6 FOOT. THIS IS A NON ILLUMINATED SIGN. IT'S VERY STRAIGHTFORWARD AND WE WOULD JUST LIKE TO HAVE OUR BRANDING REPRESENTED ON THIS BUILDING. THANK YOU. >> THANK YOU VERY MUCH. MS. CALLOWAY IS AVAILABLE FOR ANY QUESTIONS IF THERE SHOULD BE A NEED, SHE WILL ALSO DELIVER A PRESENTATION. AT THIS TIME, I'M GOING TO OPEN PUBLIC COMMENTS. ANYBODY IN THE AUDIENCE WHO WISHES TO MAKE A COMMENT ON THIS ITEM? SEEN PUBLIC COMMENTS. THERE IS NO ONE MAKING A PUBLIC COMMENT. PUBLIC COMMENTS ARE NOW CLOSED. FOR COMMISSION DISCUSSION, I SEE THE VICE MAYOR HAS HIS LIGHT LIT. PLEASE PROCEED. >> YOU WERE SAYING, WE HAVE RULES. WE HAVE RULES AND SOMETIMES WE ASK FOR EXCEPTIONS. THAT'S ALL I'M ASKING FOR AND THAT'S WHAT SHE'S ASKING FOR. I HAVE NO PROBLEM. >> VICE MAYOR, WE ARE [OVERLAPPING] HERE ON A QUASI-JUDICIAL. ANYTHING THAT [OVERLAPPING] WE SAY AND DO HERE IS EVIDENCED WITHIN ANY ISSUES THAT THE APPLICANT MAY HAVE WITH THE CITY. CAN WE PLEASE STICK WITH THE ITEM BEFORE US? >> THIS IS ONE OF THE LARGEST EMPLOYERS IN THE CITY [03:15:01] OF TAMARAC AND THEY BRING A LOT OF TAX DOLLARS. THEY'RE CONTRIBUTED TO THE COMMUNITY. I HAVE NO PROBLEMS CHANGING THE RULES SO THAT THEY CAN BENEFIT AND PROMOTE THEIR BRAND. I SUPPORT THIS ITEM. THANK YOU. >> THANK YOU. IS THERE ANYONE ELSE IN THE COMMISSION THAT FEELS THEY NEED TO MAKE A COMMENT? [NOISE] SEEING NONE. CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU, MAYOR. MAYOR, WE NEED A MOTION AND A SECOND, PLEASE. >> WE DON'T HAVE ONE OF THOSE, MY APOLOGIES. I GUESS I WAS JUST TRYING TO GET YOU OUT OF HERE [LAUGHTER] I WOULD [OVERLAPPING] LOVE A SECOND TO MY MOTION. >> SECOND. >> THANK YOU VERY MUCH. CITY CLERK DO IT HOWEVER WAY YOU WISH IS EASIEST FOR YOU. >> OKAY. [OVERLAPPING] >> AT THIS POINT IN TIME, I WILL NOW CALL THE ROLL. >> COMMISSIONER VILLALOBOS. >> YES. >> COMMISSIONER PLACKO? >>YES. >> VICE MAYOR GELIN? >> YES. >> COMMISSIONER BOLTON? >> YES. THANK YOU. >> MAYOR GOMEZ? >> YES. >> MOTION PASS 5-0. [OVERLAPPING] THANK YOU. >> THANK YOU EVERYONE FOR YOUR TIME. >> THANK YOU. GET HOME SAFELY. HAVE A GOOD NIGHT. >> [BACKGROUND] IF I MAY, JUST VERY BRIEFLY, IS THAT THE MOTION FOR APPROVAL IS AS RECOMMENDED BY STAFF. ARE THERE CONDITIONS OF APPROVAL? >> I CAN ACTUALLY ANSWER THAT. THE ONLY CONDITION WAS THAT I WOULD GET A BUILDING PERMIT, WHICH AS SOON AS I'M DONE WITH THIS, I WILL. >> IT WOULD BE APPROVAL WITH THE CONDITION RECOMMENDED BY STAFF. I JUST WANTED TO MAKE SURE THAT'S WHAT YOU ARE VOTING ON FOR THE RECORD. >> THANK YOU FOR THE CLARIFICATION [OVERLAPPING] THAT IS WHAT WE'RE VOTING ON FOR THE RECORD. PLEASE GO GET YOUR PERMIT. >> THAT'S IT. >> I WILL GET A PERMIT I PROMISE. >> THANK YOU VERY MUCH. >> I ACTUALLY DO THAT FOR A LIVING, I CAN DO THAT. >> IT WAS UNDERSTOOD IN YOUR NAME. >> YES. >> YOU GOPERMITS. THANK YOU VERY MUCH FOR BEING HERE. [BACKGROUND] GOODNIGHT. ALL RIGHT. LADIES AND GENTLEMEN, WE ARE NOW GOING TO FIND OUR WAY. [10.b Approval to start a pilot program with Ride FreeBee to enhance transportation services, public safety, green initiatives and promote local small businesses in the City of Tamarac. Requested by Vice Mayor Mike Gelin] I KNOW WE ARE SUPPOSED TO GO TO OUR ORDINANCES ON FIRST READING. HOWEVER, THERE IS A REQUEST THAT THE VICE MAYOR WOULD LIKE US TO VOTE UPON WHETHER OR NOT. I DON'T HAVE A NAME BECAUSE IT WASN'T PROVIDED. BUT I BELIEVE YOU ARE PART OF FREE? >> RIDE FREEBEE. >> RIDE FREEBEE. TO MAKE A PRESENTATION DURING 10B. >> TWO REQUESTS. ONE TO HEAR IT NOW BECAUSE SHE HAS A LONG DRIVE BACK TO SOUTH MIAMI AND THEN TO DO THE PRESENTATION. ONE HERE AT NOW, TWO, DO THE PRESENTATION. IT SHOULD BE NO MORE THAN [OVERLAPPING]. >> NOT HEARING A SECOND. >> IT SHOULD BE NO MORE THAN [OVERLAPPING]. >> SECOND. I HAVE A QUESTION, PLEASE [OVERLAPPING]. >> THERE WAS CONSENSUS ON THIS. >> I'M JUST LOOKING AT THE TIME. IT IS 10:42 AND LET'S REMEMBER WE HAVE A DEADLINE AND WE HAVE OTHER ITEMS THAT ARE ON THE AGENDA AS WELL. JUST PUTTING IT OUT THERE FOR PEOPLE TO KEEP IN MIND. [OVERLAPPING] >> CAN I GET SOME TIME? COMMISSIONER, VICE MAYOR. >> YEAH. >> WOULD YOU GIVE SOME TIME-FRAME? >> YEAH. IT SHOULD BE NO MORE THAN 10 MINUTES. WE SAW THE PRESENTATION. I CAN DO THE PRESENTATION, BUT SHE WOULD DO A BETTER JOB THAN A PRESENTATION THAT CONVEY THE MESSAGE. I THINK FOLKS WILL HEAR FROM HER. CAN WE HAVE CONSENSUS? >> I NEED A MOTION AND A SECOND. >> DO WE NEED A MOTION AND A SECOND OR CONSENSUS? >> WE DON'T NEED A MOTION AND SECOND CONSENSUS BECAUSE IT'S A WORKSHOP ITEM. I DO HAVE A QUESTION FOR YOU MR. ATTORNEY. IN THE FUTURE, VICE MAYOR GELIN HAS BROUGHT PEOPLE TO TALK, SO TO SPEAK DURING THE ITEMS. WOULD IT BE POSSIBLE OR MAYBE HE COULD SEND A MEMO TO THE CITY CLERK AND ASK FOR CONSENSUS BEFORE MEETINGS? >> NO. YOU CAN ONLY TAKE ACTION DURING THE ACTUAL MEETING. AS I UNDERSTAND IT, AND I DO BELIEVE IT IS APPROPRIATE IS, IF YOU WANT TO TAKE THE ITEM OUT OF ORDER WOULD BE A MOTION TO TAKE THE ITEM OUT OF ORDER AND TO HEAR FROM THE REPRESENTATIVE. IT'S ONE MOTION AND I THINK THAT'S AN APPROPRIATE MOTION UNDER CIRCUMSTANCES. >> AS A POINT OF CLARIFICATION OR POINT OF ORDER OR WHATEVER WAY OF POINT YOU WANT TO TAKE IT. WE'VE ALWAYS SAID THAT WHEN THE ITEMS ARE COMING BEFORE US, PUT THE FULL INFORMATION INTO OUR AGENDA SIX DAYS OUT. IT WOULD HAVE BEEN NICE THAT IN THE SIX DAYS BEFOREHAND TO PUT THIS ON THE AGENDA, [03:20:04] THERE WOULD BE A PLACEHOLDER THAT STATES THEY'RE REQUESTING FOR SOMEBODY TO GIVE A PRESENTATION. TYPICALLY, WE HAVE NOT DONE PRESENTATIONS AT OUR WORKSHOP FROM US. THE INFORMATION COMES FROM US, NOT FROM OTHERS. IT IS A WORKSHOP ITEM. IN THE FUTURE WHEN YOU'RE WORKING ON THOSE RULES AND REGULATIONS, MAYBE WE SHOULD BE PUTTING THAT IN THERE AS WELL. >> MADAM MAYOR, YOUR POINT IS WELL-TAKEN, AND APPROPRIATE I MEAN, I DO KNOW THE EXISTING PROCEDURES THAT WE HAVE IN PLACE, DO ASK FOR ANYONE WHO'S ASKING FOR AN ITEM, NEW PLACES JUST TO PROVIDE ALL THE BACKUP. IF THERE'S A POWERPOINT PRESENTATION ON THAT WE COULD HAVE PUT IT IN THE AGENDA PACK TO FACILITATE THE PRESENTATION. >> BECAUSE TECHNICALLY, THE ITEM WAS NOT FULLY PREPARED IF WE'RE SUPPOSED TO BE EXPECTING A PRESENTATION, THEN IT DOESN'T MAKE IT TO THE AGENDA. [OVERLAPPING] >> MAY I HAVE A QUESTION BECAUSE I'M ON YOUR SIDE. YOU'RE SAYING THAT IN THE FUTURE WHEN ANY OF US IS ASKING FOR AN ITEM THAT WE PUT ON THE REQUEST THAT THERE WILL BE A SPEAKER TO PRESENT THE ITEM? >> YES. BASICALLY, BECAUSE TRADITIONALLY, WHICH THIS ONLY CAME ABOUT BECAUSE WE DIDN'T HAVE WORKSHOPS DURING COVID. WE DON'T HAVE PRESENTERS DOING OUR REQUEST FOR AN AGENDA ITEM. WE PRESENT OUR ITEMS FOR THE AGENDA ITEM, AND THAT IS WHAT WE HAVE TRADITIONALLY BEEN FOLLOWING. NOW ALL OF A SUDDEN WE ARE EXPECTED AT ATTENDEE ITEM FOR A WORKSHOP TO NOW HEAR A PRESENTATION FROM SOMEONE OTHER THAN THE PRESENTING PERSON ON THE COMMISSION. >> RESPECTS WITH MAYOR, WE'VE HAD PRESENTERS AT WORKSHOPS IN OUR MONDAY MEETINGS. >> BY THE CITY STAFF, NOT BY US. THE PURPOSE OF NUMBER 10 IS FOR US TO DETERMINE WHETHER OR NOT THERE'S CONSENSUS TO GET ONTO A WORKSHOP ITEM OR A COMMISSION AGENDA FOR A FULL DISCUSSION REVIEW INVOLVED. IT IS FOR US TO DETERMINE THE NEXT STEPS IF THERE'S CONSENSUS. IT IS NOT FOR US TO DETERMINE THE ANSWER DURING 10. >> SEEING THAT THE LADY IS HERE MAYOR, I WOULD NOT HAVE A PROBLEM WITH HER SPEAKING, AND IN THE FUTURE, I WOULD OBSERVE THE RULES. >> OUT OF CONSIDERATION FOR HER BEING HERE I TOO HAVE NO PROBLEM WITH HER SPEAKING DURING IT. BUT I AM GOING TO MAKE THIS REQUEST TO THIS COMMISSION. I WOULD LIKE A SECOND TO MY MOTION THAT WE DO NOT LEAVE HERE THIS EVENING UNTIL ALL ITEMS ON THE AGENDA ARE ACCURATELY HEARD. CITY CLERK PLEASE CALL THE ROLL. >> VICE MAYOR GELIN? >> YES. >> COMMISSIONER PLACKO? >> YES. >> COMMISSIONER BOLTON? >> YES. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> MOTION PASS FIVE TO ZERO. >> OKAY. MOTION TO CHANGE THE ORDER OF THE AGENDA. >> I DON'T NEED YOU TO DO A MOTION, I WILL DO IT MYSELF, 10B WILL COME FORTH NOW. >> ALL RIGHT. >> THIS IS AN APPROVAL TO START A PILOT PROGRAM. THE RIDE FREE BE TO ENHANCE TRANSPORTATION. ACTUALLY, I'M GOING TO REPHRASE YOUR ITEM TITLE. IT IS TO GET CONSENSUS WHETHER OR NOT THIS COMES BACK AT A FUTURE AGENDA FOR US TO DISCUSS THIS IN A FULLER CAPACITY ON WHETHER OR NOT WE GO FORWARD WITH THIS ITEM. >> THANK YOU. I ATTENDED THE FLORIDA LEAGUE OF CITIES CONFERENCE. MET SOME INDIVIDUALS FROM RIDE FREEBEE. IT'S A PROGRAM THAT'S OFFERED IN MULTIPLE CITIES IN BROWARD AND MIAMI-DADE COUNTY, WHICH PROVIDES A FREE RIDE SERVICE TO INDIVIDUALS IN TAMARAC, DESIGNATED AREAS THAT THE CITY WOULD DESIGNATE AHEAD OF TIME. RESIDENTS WOULD USE AN APP CALLED UP FOR A RIDE AND GET A RIDE TO THE TAMARAC COMMUNITY CENTER TO VARIOUS LOCATIONS. WE DID A BRIEF ONE-ON-ONE PRESENTATION WITH THE ASSISTANT CITY MANAGER LEVANT. HE THOUGHT IT WAS A GREAT IDEA AND A GREAT PROGRAM. I WANTED TO BRING IT TO THE COMMISSION. I HAVE FRIENDS AND WHO ARE COMMISSIONERS AND ADVENTURE IN NORTH MIAMI BEACH AND OTHER CITIES THAT USES PROGRAM AND IT'S SOMETHING THAT I THOUGHT THAT THIS COMMISSION WOULD APPRECIATE AND WANT TO PROVIDE ACCESS TO OUR RESIDENTS BECAUSE IT'S SAFE, IT'S EFFICIENT, IT'S ENVIRONMENTALLY FRIENDLY, AND IT WOULD BENEFIT ALL MEMBERS IN THE COMMUNITY FROM OUR SENIORS DOWN TO OUR LOW-INCOME REGULAR EVERYDAY RESIDENTS, AND TO PEOPLE WHO HAVE MONEY AND JUST DON'T WANT TO DRIVE. IF YOU'LL INTRODUCE YOURSELF. THANK YOU. >> GOOD EVENING, MADAM MAYOR AND COMMISSIONERS. THANK YOU SO MUCH FOR THE OPPORTUNITY. I APPRECIATE THAT. THE CONSIDERATION, MY NAME IS CLAUDIA MIRO FOR FREEBEE WITH OFFICES AT 2312 NORTH MIAMI AVENUE IN MIAMI, FLORIDA. >> CAN YOU GO TO THE PRESENTATION, JAMES, [03:25:03] IT'S IN THE END OF THE AGENDA? >> WHERE WOULD YOU LIKE IT TO BE? >> AT THE BEGINNING? >> THERE WE GO. I WOULD LIKE TO JUST GIVE YOU A QUICK HIGH-LEVEL OVERVIEW OF FREEBEE. I GUESS THIS IS THE CLICKER. WE ARE AN INNOVATIVE AND PROVEN FIRST AND LAST MILE TRANSPORTATION SOLUTION. I'M TRYING TO MOVE. >> [NOISE] DOES IT CLICK A WORD. >> I'M NOT SURE IF IT'S WORKING. >> THIS SIDE? >> NO. SCROLL DOWN NEXT PAGE. TO INTRODUCE YOU TO FREEBEE, WE ARE THE FUTURE OF PUBLIC MOBILITY, PHYSICALLY MOVING PEOPLE THROUGH FREE ON-DEMAND, DOOR-TO-DOOR FULLY ELECTRIC TRANSPORTATION. WE DO THAT FIRST MILE LAST MILE CONNECTIVITY. IT HELPS GET CARS OFF THE ROAD, IT MAKES COMMUNITIES A PLACE WHERE YOU CAN LIVE, WORK, AND PLAY WITHOUT THE NEED OF A PERSONAL VEHICLE. AGAIN, ONE OF THE THINGS THAT SETS US APART FROM OTHER RIDESHARE COMPANIES, WE'RE NOT JUST A TRANSIT SOLUTION, BUT ALSO AN ECONOMIC DEVELOPMENT TOOL DESIGNED TO PHYSICALLY DRIVE TRAFFIC TO LOCAL BUSINESSES AND PROMOTE THE TAMARAC COMMUNITY. OUR SERVICE IS FULLY CUSTOMIZABLE. THAT'S ONE OF THE BEAUTIFUL THINGS ABOUT FREEBEE. WE'RE AIMED AT MEETING THE OBJECTIVES OF EACH MUNICIPALITY. THAT'S WHATEVER IT IS THAT YOU'RE LOOKING TO ACHIEVE. WE UNDERSTAND THAT EVERY AREA HAS DIFFERENT TRANSPORTATION GOALS, DIFFERENT LOOK, DIFFERENT FEEL, AND WE'RE ABLE TO ADAPT OUR PROGRAM IN ORDER TO MEET THOSE NEEDS, AND AGAIN, THE BEST PART OF OUR SERVICES THAT WERE A 100 PERCENT ELECTRIC. NEXT SLIDE, PLEASE. TO GIVE YOU AN OVERVIEW OF OUR COMPANY, WE WERE ESTABLISHED IN 2012. SO WE'VE BEEN AROUND ABOUT TEN YEARS NOW. WE OPERATE A FLEET OF OVER A 100 VEHICLES IN ALMOST 30 DIFFERENT COMMUNITIES IN SOUTH FLORIDA. IF YOU LOOK AT THE MAP ON THE RIGHT, IT SHOWS OUR PRESENCE IN SOUTH FLORIDA. WE ARE AS FAR NORTH AS DELRAY BEACH, AS FAR SOUTH AS ISLA MORADA AND THE KEYS. ON THE WEST COAST WE'RE IN ST. PETE BEACH AND ACTUALLY TWO MONTHS AGO WE JUST LAUNCHED OUR FIRST OUT-OF-STATE CONTRACT IN VIRGINIA BEACH WITH 10,000 RIDES OUR FIRST MONTH. WE ARE IN DIFFERENT KINDS OF COMMUNITY. SOME OF THEM ARE COASTAL COMMUNITIES, SUBURBAN, DOWNTOWN COMMUNITIES, METROPOLITAN CITIES, AND ALSO ISLAND COMMUNITIES. WE HAVE RECEIVED SEVERAL AWARDS AND RECOGNITIONS, INCLUDING THE KEY TO THE CITY OF MIAMI, KEY TO MIAMI-DADE COUNTY. WE WERE OFFICIAL CLEAN ENERGY TRANSPORTATION PARTNER AT THE SUPER BOWL 2020. I GO THROUGH ALL OF THESE BECAUSE WE ARE COMMITTED TO BEING A VALUABLE PART OF THE COMMUNITY AND SHOWING UP IN A MEANINGFUL WAY. NEXT SLIDE, PLEASE. THESE ARE EXAMPLES OF OUR SERVICE AREAS AND THE REASON WE HAVE THIS IN HERE IS TO SHOW YOU THAT EVERY CITY IS UNIQUE. SOME CITIES WILL HAVE THE GEOFENCE AROUND A CERTAIN AREA, SOMETIMES IT'S AROUND THEIR CRA AREA OR THEIR DOWNTOWN CORRIDOR. SOME CITIES WE'LL GEOFENCE THE ENTIRE CITY. SO IT'S BASICALLY UP TO YOU, AGAIN, FULLY CUSTOMIZABLE DEPENDING ON WHAT YOUR TRANSPORTATION NEEDS ARE, THE SERVICE AREA THAT YOU WANT TO OFFER YOUR RESIDENTS. NEXT SLIDE. HERE'S ANOTHER EXAMPLE OF THE DIFFERENT AREAS. WE'RE IN KEY BISCAYNE. FLORIDA CITY IS ONE THAT STANDS OUT BECAUSE THEY ARE WHAT WE CALL AN URBAN FOOD DESERT. SO FLORIDA CITY WILL ALSO GO OUT INTO THE CITY OF HOMESTEAD BECAUSE THEY DON'T HAVE A PUBLIX IN THEIR CITY. THEY DON'T HAVE A HOSPITAL AND THEY DON'T HAVE HIGHER EDUCATION. SO NOT ONLY DO WE SERVE AS FLORIDA CITY, BUT WE ALSO ADD LITTLE ISLANDS OR POINTS OF INTERESTS SO THAT THE COMMUNITY CAN HAVE ACCESS TO FREE RIDES AND GET TO THE SUPERMARKET, THE HOSPITAL, AND OTHER POINTS OF INTEREST. SO YOU CAN DO THAT AS WELL IF LET'S SAY THAT YOU HAVE A BORDERLINE WITH A FOOT LOT AT NORTH LAUDERDALE AND YOU WANT A CROSSOVER FOR ONE REASON OR ANOTHER, WE'RE ABLE TO DO THAT AS WELL. NEXT SLIDE. SO BASICALLY HERE'S HOW YOU USE THE APP. THE WONDERFUL THING IS THAT YOU CAN JUST HIT A BUTTON AND REQUEST A RIDE, SIMILAR TO OTHER RIDESHARE COMPANIES. FREEBEE IS LIKE UBER MEETS APP WHERE YOU PUSH OF A BUTTON AND YOU REQUEST YOUR RIDE AND YOU'LL SEE HERE THE FIRST SCREEN SHOWS YOU THE BUTTON YOUR REQUEST A RIDE. THE NEXT SCREEN SHOWS YOU, YOU DROP YOUR PIN TO SET WHERE YOUR PICKUP LOCATION IS AND THEN YOU SELECT YOUR DESTINATION. YOU CAN EITHER PUT IN THE ADDRESS OR SELECT FROM THE CAROUSEL THERE. NOW, I'LL TOUCH ON THIS A LITTLE BIT LATER. BUT THE CAROUSEL WE OFFER FREE ADVERTISING TO THE DIFFERENT BUSINESSES AND LOCAL RESTAURANTS TO BASICALLY PUT THEIR INFORMATION ON THERE SO YOU CAN TAP ON ONE OF THOSE DESTINATIONS AND YOUR RIDE WILL TAKE YOU THERE. THEN THE FINAL SCREEN WHERE YOU CONFIRM YOUR RIDE IS HOW MANY PEOPLE ARE GOING TO BE. IF IT'S JUST YOU, YOU HIT ME 2, 3, 4. THEN THE ACCOMMODATIONS IS ALSO VERY IMPORTANT BECAUSE IF YOU HAVE SPECIAL NEEDS, [03:30:03] LET'S SAY YOU NEED A WHEELCHAIR OR MAYBE YOU NEED A CAR SEAT OR A BOOSTER CHAIR, THAT'S WHERE YOU WOULD REQUEST YOUR RIDE. NEXT SLIDE. PROGRAM BENEFITS ARE SEVERAL PROGRAM BENEFITS. ECONOMIC DEVELOPMENT AND QUALITY OF LIFE. YOU CAN TRANSFORM YOUR COMMUNITY INTO A PLACE WHERE YOU CAN LIVE, WORK, AND PLAY, AGAIN, WITHOUT THE NEED OF A PERSONAL VEHICLE. WE INCREASE ACCESS TO EXISTING MASS TRANSIT. LIKE WE SAID, THAT FIRST MILE, A LOT OF PEOPLE WOULD USE MORE MASS TRANSIT AND WE HAVE FOUND THAT WE INCREASE THE NUMBERS OF RIDERSHIP FOR MASS TRANSIT BECAUSE A LOT OF PEOPLE WOULD USE MAYBE A TROLLEY OR A TRAIN OR THE BUS IF THEY JUST HAD THAT FIRST MILE NOT HAVING TO WALK A COUPLE OF BLOCKS IN THE HEAT OR IN THE RAIN TO GET TO THAT MASS TRANSIT. I KNOW THIS IS ESPECIALLY IMPORTANT IN BROWARD. I KNOW THERE'S SOME PROGRAMS THAT ARE FUNDED BY THE COUNTY THAT HAVE A MINIMUM RIDERSHIP OF LIKE 7, 7.5 RIDES AND SOMETIMES CITIES WILL LOSE THEIR FUNDING IF THEY DON'T HAVE THAT MINIMUM RIDE. SO WE HELP BOOST THOSE NUMBERS TO ENSURE THAT YOU DON'T LOSE YOUR RIDERSHIP. SO WE'D LIKE TO SAY THAT FREEBEE DOESN'T COMPETE WITH MASS TRANSIT. ON THE OTHER HAND, WE DO HELP ENHANCE IT. AGAIN, THAT WAS THE FIRST MILE LAST MILE CONNECTIVITY. WE INCREASE EQUITABLE TRANSPORTATION. IT'S A DECREASE OF TRAFFIC CONGESTION. IF YOU'RE RIDING A FREEBEE, YOU'RE TAKING CARS OFF THE ROAD, YOU'RE FREEING UP THOSE LIMITED PARKING SPACES. AGAIN, WE'RE FULLY ELECTRIC FLEETS. WE REDUCE NOISE POLLUTION, DECREASE CARBON EMISSIONS, IMPROVING THE AIR QUALITY, AND DECREASE THE STRESS ON THAT EXISTING INFRASTRUCTURE. AGAIN, WE SUPPORT A COMPLETE STREET, DRIVE ECONOMIC DEVELOPMENT. YOU'RE GOING TO HEAR US SAY ECONOMIC DEVELOPMENT A 100 TIMES BECAUSE IT'S A VERY, I GUESS, HIGH-VALUE POINT THAT FREEBEE BRINGS. NOT JUST BEING A TRANSPORTATION COMPANY, SO WE HELP STIMULATE THAT LOCAL ECONOMY. CHANCES ARE IF YOU'RE GETTING YOUR VEHICLE, YOU'RE GOING TO TAKE YOUR DOLLARS OUTSIDE OF TAMARAC. NOW IF YOU RIDE A FREEBEE, YOU'RE GOING TO DINE LOCALLY, YOU'RE GOING TO SHOP LOCALLY, AND WE'RE GOING TO KEEP THAT MONEY INSIDE HERE IN THE COMMUNITY STIMULATING THAT LOCAL ECONOMY. AND THEN SAFETY. NEARLY 70 PERCENT OF FREEBEE RIDERSHIP IS FEMALE, AND THAT IS BECAUSE OF THE SAFETY COMPONENT. UNLIKE OTHER RIDESHARE COMPANIES, ALL OF OUR DRIVERS, WHICH WE CALL COMMUNITY AMBASSADORS, ARE A 100 PERCENT FREEBEE EMPLOYEES. THEY ARE W-2 EMPLOYEES WITH HEALTH BENEFITS THAT THEY WORK FULL-TIME AND WE CALL THEM AGAIN COMMUNITY AMBASSADORS, AND I'LL GET INTO THAT A LITTLE BIT LATER. SO SAFETY IS A BIG THING WITH FREEBEE. THEN AGAIN, IT'S AN IMPROVING THE QUALITY OF LIFE BY PROVIDING TRANSPORTATION TO THOSE THAT MAY NOT HAVE IT. NEXT SLIDE. WHO RIDES FREEBEE? EVERYBODY RIDES FREEBEE. WE'RE TALKING ABOUT KIDS, STUDENTS, FAMILIES, PEOPLE WHO ARE GOING TO THEIR MINIMUM WAGE JOBS, C-SUITE EXECUTIVES, PEOPLE GOING TO LUNCH, BUSINESS MEETINGS, EVERYBODY RIDES FREEBEE. SENIORS ARE A BIG USER OF FREEBEE AND THAT'S ACTUALLY ONE DEMOGRAPHIC THAT WE HAVE BEEN ABLE TO HELP OUT A LOT CONSIDERING THAT THEY CAN REQUEST THOSE RIDES ON-DEMAND. A LOT OF SENIORS ARE USING PARA TRANSIT WHERE THEY HAVE TO REQUEST THE RIDES 24 HOURS IN ADVANCE, AND THEN ALSO PAY A FEE. SOMETIMES IT'S 3.50 EACH RIDE, SO $7 A ROUND TRIP, WHEREAS WITH US IT'S COMPLETELY FREE AND THEY CAN DO IT WITHIN MINUTES AND HAVE THAT RIDE ACCESSIBLE TOO. WE ARE THE MOST EQUITABLE FORM OF TRANSPORTATION THAT IS OUT THERE. WE REALLY FOCUS ON THAT UNITY AND THAT INCLUSIVITY IN THE COMMUNITY AND KEEPING EQUITABLE TRANSPORTATION CONSISTENTLY QUALITY OF SERVICE IS WHAT WE STRIVE FOR. NEXT SLIDE. AGAIN, LIKE I WAS TELLING YOU ABOUT OUR DRIVERS, THEY ARE THE FACE OF THE COMMUNITY. THIS IS ACTUALLY MY FAVORITE PART ABOUT FREEBEE IS BECAUSE OUR DRIVERS ARE BASICALLY LIKE A MOBILE CONCIERGE, A ROLLING INFORMATION DESK ON WHEELS. WE HIRE THEM LOCALLY, WE TRAIN THEM COMPLETELY. WE DO FOLLOW FDOT 1490 RULES, SO THEIR SCREENING IS VERY RIGOROUS. WE GO THROUGH LEVEL 2 BACKGROUND CHECKS, EVEN SLEEP STUDIES FOR OUR DRIVERS, AND THAT'S WHAT BRINGS THEN THAT SAFETY COMPONENT THAT WHEN YOU RIDE A FREEBEE, YOU KNOW THAT YOU'RE RIDING WITH SOMEONE WHO'S SAFE. THEN THEY ALSO DOUBLE OVER AS NEIGHBORHOOD WATCH. THEY'RE A SECOND PAIR OF EYES AND EARS WHO WORK VERY CLOSELY WITH THE POLICE DEPARTMENT. IF WE SEE SOMETHING, WE SAY SOMETHING. THEN THEY'RE BRAND AMBASSADORS WHO ARE HELD TO THE HIGHEST STANDARDS. LET'S SAY THAT YOU'RE TRYING TO PROMOTE AN EVENT OR ANYTHING, OUR DRIVERS WILL TELL YOU WHAT'S HAPPENING LOCALLY, WHERE TO SHOP, WHAT TO DINE, WHAT TO PLAY. ALL THE INFORMATION WE PASS ALONG TO OUR DRIVERS SO THEY CAN PASS ALONG TO THE RIDERS. NEXT SLIDE. AGAIN, I HAD TALKED ABOUT ECONOMIC DEVELOPMENT. IF YOU'RE GOING TO HAVE A SUCCESSFUL TRANSIT PROGRAM, YOU MUST PROVIDE A POSITIVE ECONOMIC IMPACT THAT DRIVES REVENUE DIRECTLY OR INDIRECTLY MAKING THE PROGRAM PHYSICALLY SUSTAINABLE. AGAIN, WE REDUCE TRAFFIC, WHICH SAVES PEOPLE TIME, WHICH EQUALS MONEY. WE EXPAND THEM OUT FOR JOB SEEKERS AND EMPLOYERS WITH HIGHER WAGES AND HIGHER PRODUCING BUSINESSES. REDUCED DEPENDENCE ON ONLINE SHOPPING. MONEY SPENT ONLINE TYPICALLY LEAVES THE LOCAL ECONOMY AND PARTNERS CROSS-PROMOTE WITH LOCAL BRICK-AND-MORTAR BUSINESSES THAT DRIVE MORE CUSTOMERS TO THEIR DOORSTEP. [03:35:03] TO SAY THAT, I'LL MOVE ON INTO ANOTHER SLIDE JUST IN THE INTEREST OF TIME. I DID WANT TO SAY THAT WE ALSO REDUCE DRINKING AND DRIVING. A LOT OF PEOPLE WILL USE THE FREEBEE TO MOVE AROUND FROM DIFFERENT, AND WE'VE SEEN A HUGE IMPACT ON DIFFERENT COMMUNITIES WITH FREEBEE IN REDUCING DRINKING AND DRIVING. THE DESTINATIONS PART HERE ON OUR APP IS VERY COOL BECAUSE LIKE I SAID, WE SENT OUT AN ECONOMIC DEVELOPMENT TEAM. SO SHOULD WE COME TO DO BUSINESS HERE IN THE CITY OF TAMARAC, OUR TEAM WILL GO OUT TO THE LOCAL BUSINESSES, LOCAL RESTAURANTS, BARS, ARTS, ENTERTAINMENT, POINTS OF INTERESTS AND OFFER THEM TO CREATE A PROFILE SO THAT WHEN THE USER GOES ON HERE, THEY CAN PICK WHERE THEY WANT TO GO. THAT IS SOMETHING THAT WE OFFER A 100 PERCENT FREE TO THE SMALL BUSINESSES OR THE LOCAL RESTAURANTS AND BARS. YOU SEE THERE THAT IS SEPARATED BY ROSTER INTO BARS, ARTS AND ENTERTAINMENT, POINTS OF INTERESTS. THEN IN RETURN, THE COMPANIES WILL OFFER THESE DEALS. THEY CAN DO BOGUS. SAY IT'S A RESTAURANT, THEY MIGHT OFFER YOU, BUY ONE, GET ONE FREE, OR THEY GIVE YOU A FREE DRINK OR A FREE DESSERT. THIS WAY, THEY'RE CROSS-PROMOTING OUR COMPANY AS WELL. IF YOU RIDE THE FREEBEE, WE'RE TAKING YOU JUST STRAIGHT TO THEIR DOOR. YOU DON'T HAVE TO WORRY ABOUT PARKING OR PAYING FOR PARKING OR TRAFFIC OR ANYTHING LIKE THAT AND IN RETURN, THEY'LL OFFER YOU THIS INCENTIVE. NEXT SLIDE. SO THE BIGGEST QUESTION IS, HOW DO YOU PAY FOR IT? FUNDING SOLUTIONS. EVERYBODY WANTS TO KNOW, HOW IS FREEBEE PAID FOR SINCE IT'S FREE TO THE USER? WE'RE FUNDED JUST LIKE ANY OTHER FORM OF PUBLIC TRANSPORTATION IS FUNDED, USUALLY THROUGH THE CITY BUDGETS, BUT WE ALSO HAVE OTHER WAYS OF FUNDING. ONE OF THEM IS FDOT GRANTS. THERE'S AN FDOT GRANT THAT PAYS FOR 50 PERCENT OF THE PROGRAM FOR THE FIRST THREE YEARS AND THE APPLICATION ACTUALLY OPENS NEXT YEAR IN MAY FOR FUNDING IN 2024. THERE'S ALSO GREEN GRANTS, THERE'S LOCAL BUSINESSES, SOME CITIES PAY FOR IT THROUGH THEIR CRA OR THEIR BIDS. SO THERE'S DIFFERENT WAYS YOU CAN DO IT. THEN IF YOU CHOOSE TO DO WITH THE SERVICE, YOU CAN GO WITH THE BRANDING AS YOU SEE ON THE SCREEN IS RIGHT NOW WITH THE CITY OF TAMARAC BRANDING. BUT YOU CAN ALSO CHOOSE TO SELL ADVERTISING. IF YOU DECIDE THAT YOU WANT US TO GO AHEAD AND SELL ADVERTISING AND WRAP THE VEHICLES WITH THESE ADVERTISERS THAT WE SELL TO, THEN WHAT WE DO IS WE DO A 50 PERCENT REVENUE SHARE WHERE WE RETURN 50 PERCENT OF THE REVENUE TO THE CITY TO HELP LOWER THE COSTS THERE FOR YOU AS WELL. THAT'S ANOTHER FUNDING OPTION. WE OFFER A LOW-RISK ONE-YEAR PILOT PROGRAM. THAT'S USUALLY WHAT WE RECOMMEND. THAT YOU START OFF WITH. THIS WAY, YOU CAN TRY IT OUT. I HAVE TO TELL YOU OF THE OVER 30 CITIES THAT WE HAVE STARTED SERVICE. WE HAVE NEVER HAD ANYONE CANCEL. WE'VE ALWAYS HAD SOME PEOPLE ON DIFFERENT CITIES COME BACK TO US AND JUST EXPAND THEIR SERVICE AREA OR EXPAND THEIR FLEET. NEXT SLIDE, PLEASE. UNTIL THAT BASICALLY CONCLUDES THE PRESENTATION AND WE'RE HERE TO DO IS TO BASICALLY FIND OUT WHAT YOUR GOALS ARE, WHAT AREAS YOU'RE INTERESTED. AGAIN, WE RECOMMEND THAT FIRST-YEAR PILOT PROGRAM WHERE YOU CAN SEE THE SUCCESS. YOU'RE GOING TO HAVE A DASHBOARD THAT'S GOING TO TELL YOU IN REAL-TIME HOW MANY PEOPLE ARE WRITING FREEBIE, HOW MANY PEOPLE ARE WAITING? WHAT ARE THE AREAS THAT THEY'RE REQUESTING RIDES TO? IT'S VERY EASY FOR YOU TO CUSTOMIZE AND SAY, YOU KNOW WHAT? LET'S SAY THAT YOU START OFF WITH SEVEN DAYS A WEEK OR MAYBE YOU DO WEEKENDS ONLY AND YOU SAY, YOU KNOW WHAT, WE'RE DOING SEVEN DAYS A WEEK, BUT SUNDAY IS REALLY NOT A BUSY DAY. WE WANT TO SHIFT THOSE HOURS TO A DIFFERENT DAY OF THE WEEK. THAT'S MERELY A PHONE CALL THAT YOU GAVE US AND WE CAN SCHEDULE THAT AND CHANGE IT FOR YOU. VERY EASY TO DO SO HIGHLY CUSTOMIZABLE. I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. >> THANK YOU. VICE MAYOR, LIKE REMAINS WHAT I'M PRESUMING YOU HAVE NOTHING. THANK YOU. COMMISSIONER PLACKO. >> THANK YOU. >> THANK YOU VERY MUCH. A COUPLE OF QUICK QUESTIONS. WHAT HOURS ARE IS THE SERVICE AVAILABLE? >> AGAIN, THIS IS FULLY CUSTOMIZABLE. YOU WOULD TELL US WHAT HOURS YOU WANT. NORMALLY, THE CITY WILL SAY, WELL, WE WANT TO DO THIS FOR 50 HOURS OR 60 HOURS OR 70 HOURS. THEN YOU DECIDE HOW YOU WANT TO BREAK UP THOSE HOURS. LIKE I MENTIONED, IF YOU FEEL THAT AFTER A MONTH OR SO, YOU WANT TO ADJUST HOW YOU'RE DIVIDING THOSE HOURS DURING THE DAYS OF THE WEEK, WE CAN DEFINITELY GO BACK AND REVISIT THAT. >> ARE YOU JUST MOVING THEM WITHIN OUR CITY? >> YES. >> I WANT TO GO TO THE CORAL SQUARES MALL, THAT WOULD NOT BE AVAILABLE. >> AGAIN, IT'S FULLY CUSTOMIZABLE. THE EXAMPLE I GAVE EARLIER ABOUT FLORIDA CITY GOING INTO HOMESTEADS. SO IF YOU HAVE CERTAIN POINTS OF INTERESTS THAT YOU FEEL THAT YOUR COMMUNITY NEEDS TO GET TO, WE DO TRY AND KEEP IT WITHIN THE CITY AS CLOSE AS POSSIBLE BECAUSE THEN THE SERVICE IS AFFECTED THE WAIT TIMES. >> HAVE YOU CONTACTED, WORKED AT ALL WITH THE MPO? [03:40:02] >> YES. >> BECAUSE ONE OF THEIR LONG-TERM STRATEGIC GOALS IS GETTING VEHICLES OFF THE ROAD, GETTING PEOPLE OUT OF THEIR CARS. I WOULD THINK THIS MIGHT BE A VERY NICE FIT. THEY DO HAVE ACCESS TO F.MONEY AND GRANT PROGRAMS. I WOULD ENCOURAGE YOU TO GET IN TOUCH WITH THEM AND SEE IF YOU CAN WORK WITH THEM. I MENTIONED IT WHEN I'M DOWN THERE. >> ABSOLUTELY. >> THANK YOU. >> THANK YOU VERY MUCH. >> COMMISSIONER BOLTON. >> FIRST OF ALL, I'M SO UPSET WITH THE FACT THAT I HEARD ABOUT THIS BEFORE, AND I WANT IT TO BRING IT TO THE COMMISSION. WHEN I SAW THIS TONIGHT, IT BECAME A LITTLE BIT UPSET THAT THEY DIDN'T. I SAW IT INTO THE CURRENT ERA, LIKED IT AND WANTED TO PROPOSE IT AND IN TAMARAC, I THINK IT'S A GOOD IDEA. I HAVE A LITTLE PAUSE FOR SOME THINGS. THIS IS WHY I DIDN'T BRING IT FORWARD BEFORE, IS BECAUSE OF THE RIDERSHIP ISSUES. I DON'T WANT IT TO COMPETE WITH OUR ROUTS. RED ROUTES. MAYBE A CITY MANAGER. I DON'T KNOW IF YOU SPOKE ABOUT THAT IN YOUR MEETING. I DON'T KNOW. WE JUST STARTED A RED ROUTE FOR THE EAST SIDE TO GO TO THE WEST SIDE, SO TO SPEAK. I WOULDN'T WANT THIS PROGRAM TO COMPETE WITH THAT BECAUSE STAFF KNOWS THAT I'VE BEEN ADVOCATING FOR THAT FOR YEARS AND IT JUST HAPPENED. TELL ME ABOUT RIDERSHIP COMPETITION. HOW DO YOU ENSURE THAT IT DOES NOT COMPETE WITH ARE THE THINGS THAT WE HAVE. >> AS I STATED BEFORE, WE ARE HERE TO ENHANCE OTHER MASS TRANSIT AND NOT COMPETE WITH THEM. WE FIND THAT THERE'S SOME PEOPLE THAT WOULD PROBABLY USE THOSE ROUTES MORE IF THEY WERE ABLE TO GET TO THEM FROM THE NEIGHBORHOODS TO WHERE THE STOPS ARE. WE HAVE SEEN IN SEVERAL DIFFERENT CITIES INCREASE IN RIDERSHIP. THAT'S WHAT I WAS MENTIONING VIA THE COUNTY FUNDING, HAS RIDERSHIP LIMITS ATTACHED TO IT. WE HELP YOU GET TO THAT, TO GET TO THOSE NUMBERS AND WE WOULD DO AN ANALYSIS. LET'S SAY THAT THIS RED ROUTE THAT YOU'RE TALKING ABOUT, WE CAN LOOK AT THAT AND SEE HOW IT IS THAT WE CAN ENHANCE THAT ROUTE AND COME BACK TO YOU AND LET YOU KNOW WHAT OUR RECOMMENDATIONS ARE TO MAKE SURE THAT YOU'RE INCREASING YOUR RIDERSHIP. >> I HEARD YOU BEFORE, BUT I JUST WANTED YOU TO GIVE ME THE HOW. LIKE HOW DO YOU DETERMINED THAT THIS WILL NOT COMPETE WITH? >> LIKE I SAID BEFORE, ALSO, ONE OF THE THINGS IS THAT WE HAVE THAT DASHBOARD SO YOU CAN SEE WHERE YOUR WRITERS ARE GOING. THAT'S USUALLY WHAT HAPPENS IN THE PILOT PROGRAM. YOU SEE HOW IT WORKS AND THAT'S THE BEST THING I CAN TELL YOU AS YOU START SEEING HOW IT WORKS AND IF YOU NEED TO MAKE ADJUSTMENTS TO THE AREA, THEN WE DO THAT TO MAKE SURE THAT WE'RE GETTING AS MANY RIDERS TO THOSE ROUTES AS POSSIBLE. I'M NOT GOING TO TELL YOU THAT IT DOESN'T HAPPEN. LIKE FOR INSTANCE, AND ALVIN TORA. ALVIN TORA [NOISE] THEY STARTED OUT WITH TWO FREEBIE TESLA VEHICLES, AND THEN THEY ADDED TWO MORE. THEN THE ADDED MORE. I THINK BY THE END OF THE YEAR THERE'LL BE AT 12. WHAT THEY DID WAS THEY DID ELIMINATE SOME OF THEIR TROLLEYS, BUT THEY STILL HAVE THEIR TROLLEY SYSTEM. THEY JUST SAW THAT PEOPLE WOULD USE IT MORE OFTEN JUST TO GET BECAUSE IT IS DOOR TO DOOR. A LOT OF PEOPLE WILL PREFER A DOOR-TO-DOOR TRANSPORTATION. BUT AGAIN, IT'S A MULTIMODAL WE'RE TRYING TO BE ANOTHER OPTION FOR RESONANCE. >> HAVE YOU GONE TO BROWARD COUNTY GOVERNMENT ABOUT THIS? >> WE WERE TALKING WITH DIFFERENT CITIES IN BROWARD, NOT THE COUNTY ITSELF. WE JUST LAUNCHED IN SUNRISE. >> SO YOU DON'T HAVE THE COUNT IS BLESSING YET? >> IT'S NOT ABOUT THE BLESSING. IT'S REALLY ABOUT WE HAVE SO MANY CITIES THAT ARE ASKING FOR SERVICE. AS YOU KNOW, THE PROCESS IS TEDIOUS TO MEET WITH THE CITY AND THEN APPEAR BEFORE THE COMMISSIONERS. EVERYBODY PRETTY MUCH EVERYBODY IS FAMILIAR WITH OUR COMPANY AND WHAT WE'RE DOING. IT'S JUST A MATTER OF US GETTING BEFORE THEM AND SEEING WHAT THEIR INTEREST IS. >> YOU'VE NOT HAD A CONVERSATION WITH THE COUNTY YET? [03:45:04] >> CORRECT. WE'RE IN 25 OF THE 34 CITIES IN MIAMI-DADE COUNTY AND WE'RE NOT IN MIAMI-DADE COUNTY EITHER. BUT ALL THE COUNTY COMMISSIONERS SUPPORT US AND THE DIFFERENT AREAS. IT'S JUST, AGAIN, A MATTER OF EXISTING CONTRACTS AND WHEN THEY COME UP FOR BID. WE HAVE TO PLAY WITHIN THOSE PARAMETERS WITH BROWARD COUNTY AS WELL. >> OKAY. IS IT A CANCEL ANYTIME THING. WHAT'S THE OUT? >> IT'S A ONE-YEAR PILOT PROGRAM. WE ARE COMPLETELY TURNKEY. WE COME IN, WE WILL PUT THE CHARGING STATIONS, WE COME IN, WE OWN THE VEHICLES, WILL BUY THE VEHICLES OURSELVES AND TRAIN THE DRIVERS, HIRE THE DRIVERS, WE DO EVERYTHING SO THAT YOU DON'T HAVE TO WORRY ABOUT ANYTHING. WE CARRY THE INSURANCE. EVERYTHING IS A 100 PERCENT TURNKEY. BECAUSE OF THAT, NORMALLY, IT'S A SERVICE THAT IS OVER SEVERAL YEARS. BUT WE'RE WILLING TO DO THE ONE-YEAR PILOT BECAUSE WE'RE SO SURE THAT THE SERVICE WILL CONTINUE. >> OKAY. WHAT IS THE ASK TONIGHT? >> WHAT WE ASKED FOR IS FOR YOU TO GIVE US GUIDANCE ON WHAT YOUR GOALS ARE, WHAT AREAS YOU WANT TO START OFF WITH. WE ALWAYS RECOMMEND STARTING OFF WITH A SMALLER AREA AND THEN SEEING HOW THAT WORKS AND THEN IF YOU WANT TO EXPAND, BUT FOR THE PILOT, GIVE US AN IDEA OF HOW MANY HOURS A WEEK YOU WANT, THE LEVEL OF SERVICE THAT YOU'RE LOOKING FOR. WHEN I SAY LEVEL OF SERVICE, WE HAVE SOME CITIES THAT WILL SAY, LIKE FOR INSTANCE, CORAL GABLES WILL SAY, WE DON'T WANT OUR FOLKS WAITING MORE THAN 10 MINUTES FOR A RIDE. THEN WE HAVE OTHER CITIES LIKE THE TOWN OF MIAMI LAKES THAT SAYS, LISTEN, WE HAVE OUR BUSES ON HEADWAYS OF 90 MINUTES. WE'RE OKAY IF THEY WAIT 30 MINUTES FOR A RIDE OR THE AVERAGE TROLLEY TIME WAIT, WHICH IS 20 MINUTES. YOU DECIDE ON THE LEVEL OF SERVICE THAT YOU WANT TO OFFER YOUR RESIDENCE, THE AREA, AND THEN WE CAN GIVE AN ANALYSIS AND SAY, OKAY, BASED ON THE LEVEL OF SERVICE THAT YOU WANT TO OFFER AND THE AREA THAT YOU WANT A GEOFENCE. WE RECOMMEND THIS VEHICLE AND WE RECOMMEND THIS MANY VEHICLES AND THE PRICING. >> THE MORE HOURS, THE MORE WE PAY OR THE MORE VEHICLES THE MORE WE PAY? >> INSURANCE IS ONE OF THOSE ARE FIXED COSTS THAT WE HAVE. IT ACTUALLY WORKS OUT THAT THE MORE HOURS THAT YOU DO, THE LESS YOUR COST PER HOUR. IT'S PER HOUR PER VEHICLE AND THE BIG DRIVER OF THAT COST IS GOING TO BE THE AMOUNT OF HOURS THAT YOU DO AND OF COURSE, THE AMOUNT OF VEHICLES THAT YOU'LL NEED DEPENDING ON THE AREA THAT YOU CHOOSE. WE WANT TO MAKE SURE THAT IT'S A SUCCESSFUL PROGRAM. THAT'S WHY WE ASK THAT YOU LOOK AT THE AREAS THAT YOU WANT TO FOCUS ON FIRST. MAYBE IT'S YOUR DOWNTOWN CORE, MAYBE IT'S WHERE YOUR SMALL BUSINESSES ARE. MAYBE IT'S A CRA AREA AND YOU TELL US WHAT IT IS THAT YOUR GOALS ARE AND THEN WE'LL COME BACK AND GIVE YOU A FULL ANALYSIS OF WHAT THAT'S GOING TO LOOK LIKE COST-WISE. >> THEN MAYBE A WAY TO MITIGATE COMPETITION WITH OUR BUS SYSTEM WOULD BE TO OFFER IT TO AREAS WHERE THE BUS IS NOT POPULAR OR OUTSIDE OF THAT SCHEDULE SO WE CAN CUSTOMIZE IT THAT WAY. >> ABSOLUTELY FULLY CUSTOMIZABLE. THAT'S THE BEAUTY OF FREEBIE. >> OKAY. I LIKE THAT IDEA. I JUST HAVE TO WORK MY THOUGHTS OUT FIRST. I DON'T KNOW THAT I'M READY TONIGHT TO SAY, OH, LET'S DO IT. I THINK WHAT I'M MAYBE READY TO DO IS SAY STAFF, WORKOUT, SCHEDULES COST, MAKE SURE IT'S NOT COMPETING. WORKOUT LIKE A FRAMEWORK OF WHAT IT WOULD BE AND THEN TELL US WHAT THE PRICE WOULD BE AND THEN COME BACK WITH ANOTHER PRESENTATION SO WE HAVE ALL THE MEAT AND POTATOES AND IT'S FULLY BAKED [LAUGHTER] >> YES. >> BUT IT DOESN'T SOUND FULLY BAKED YET. I CAN'T SAY, OH, LET'S DO IT. I CAN'T GO WITH YOUR ASK, BUT I CAN 'CUSTOMIZE YOUR ASK BY SAYING, GO TO STAFF, WORKOUT WITH STAFF AND GIVE US A BETTER FRAMEWORK WITH ANOTHER PRESENTATION WHEN YOU'RE NOT STILL PRESSED FOR TIME. >> ABSOLUTELY. >> BEFORE GOING INTO OUR CITY MANAGER, I AM GOING TO ASK YOU THIS BECAUSE OUR CITY CLERK AND FOR THE RECORD, WE NEED YOU TO GIVE US YOUR NAME AND LOCATION AGAIN, PLEASE. >> SURE. >> CLAUDIA MIRO FOR FREEBIE WITH OFFICES AT 2312 NORTH MIAMI AVENUE IN MIAMI, FLORIDA. [03:50:01] >> THANK YOU VERY MUCH. >> MANAGER. GO AHEAD. >> YES. I JUST WANTED TO SAY THAT TONIGHT WE WERE LOOKING FOR DIRECTION FROM THE COMMISSION AS TO WHETHER OR NOT THIS IS SOMETHING THAT YOU WANTED US TO LOOK INTO. WHILE LEVANT WAS ON THE CALL WITH VICE MAYOR, WE DIDN'T STAFF DIDN'T GO ANY FURTHER THAN THAT. I JUST WANTED TO BE CLEAR THAT WE HAVEN'T HAD THE BENEFIT OF GREG WARNER WHO RUNS THE COMMUNITY BUS SHUTTLES AND ALL THAT STUFF FOR PEOPLE TO WEIGH IN AND TO ADDRESS THE DETAIL THAT'S REQUIRED TO MAKE SOMETHING LIKE DISAFFECTED. >> YEAH. >> THANK YOU. VICE MAYOR, DO YOU HAVE SOMETHING YOU NEED TO SAY? >> YEAH. JUST WANT TO SAY WHAT THE ASK IS TO GET CONSENSUS FROM THE COMMISSION TO HAVE START FORMAL NEGOTIATIONS WITH RIDE FREEBIE TO DETERMINE IF WE SHOULD START A PILOT PROGRAM WITH THEM. >> THANK YOU FOR RESTATING YOU'RE ASKING A DIFFERENT MANNER THAN WHAT IS THE UNDERSTANDING. BEFORE GOING THERE, I HAVE SOME QUESTIONS. >> ABSOLUTELY. >> OKAY. AS A PERSON WHO'S VERY INVOLVED WITH TRANSPORTATION FROM THIS COUNTY TO THE STATE, TO FEDERAL. I LIKED THE IDEAS OF WHAT WE CAN TRY TO DO TO TAKE US OFF THE ROADWAY OR GIVE PEOPLE ASSISTANCE TO GET WHERE THEY NEED TO BE. I SEE YOU PUT SOME ENERGY INTO THIS, BUT I'M GOING TO ASK YOU WHEN YOU'RE SAYING OUR ENTERTAINMENT CENTER, OUR DOWNTOWN, OUR POINTS OF INTERESTS, HAVE YOU RESEARCHED OUR CITY? >> WHEN I SAY THAT, I WAS ON THE CALL WITH VICE MAYOR GELIN AND WE TALKED A LOT ABOUT THE SENIOR COMMUNITY AND THAT SEEMED TO BE THE CONCENTRATION. THAT IS PART OF MY PRESENTATION SO I MENTIONED THAT. BECAUSE SOMETIMES THERE ARE AREAS THAT FOLKS ARE INTERESTED IN, BUT BASED ON THE CONVERSATION, THE AREA OF INTERESTS WAS THE SENIORS AND HELPING THOSE FOLKS GET TO THE GROCERY STORE OR THE PHARMACY, THEIR DOCTOR'S APPOINTMENTS. IN FACT, WE ARE IN MIAMI BEACH, IN MID BEACH, AND THEN SOUTH BEACH AND IN SOUTH BEACH, WE WORK EXCLUSIVELY IN 17 SENIOR HOUSING BUILDINGS. THAT'S ALL WE SERVICE FOR SOUTH BEACH AND IT'S AN EXCELLENT SERVICE. CURRENTLY RIGHT NOW, THE CITY OF MIAMI IS EXPLORING DOING THE SAME THING AND THEY'RE LITTLE HAVANA AREA WHERE THEY HAVE 33 SENIOR HOUSING BUILDINGS. IF THE CITY OF TAMARAC HAS A LARGE SENIOR POPULATION THAT THEY WANT TO SERVE, THEN THAT WOULD BE WHERE WE WOULD FOCUS IF THAT'S YOUR GOAL. AGAIN, IT'S ALL BASED ON WHAT YOUR GOALS ARE. >> I APPRECIATE THAT. YOU SERVE FOR CHARGING STATIONS. YOU WOULD SET UP YOUR CHARGING STATIONS AND WHERE MIGHT THAT BE THAT YOU WOULD BE SETTING UP CHARGING STATIONS? >> THAT'S A GREAT QUESTION. NORMALLY, WHEN WE DO WORK WITH DIFFERENT CITIES, THEY OFFER US PUBLIC GARAGES IF THEY'RE AVAILABLE. IF WE DECIDE TO DO THREE VEHICLES ARE FIVE VEHICLES WILL GIVE US THREE OR FIVE PARKING SPACES IN A PUBLIC GARAGE WHERE WILL COME IN AND WE'LL SET UP OUR CHARGING STATIONS AND EVERYTHING IS PROVIDED BY US. IF IT'S NOT AVAILABLE, THEN WE FIND ANOTHER PLACE TO DO IT. WE HAVE, FOR INSTANCE, AN ISLAND MORAGA. [LAUGHTER] THERE'S NO PARKING GARAGES ON AN ISLAND MARIAH, SO WE JUST HAD TO FIND A PLACE ON THE HIGHWAY TO SET UP OR CHARGING STATIONS. WE MAKE IT HAPPEN IF THE CITY DOESN'T HAVE A SPACE AVAILABLE FOR US. >> YOU ALLUDED TO COST, BUT YOU DIDN'T ACTUALLY GIVE US A COST. >> I'M HAPPY TO. ABSOLUTELY. AGAIN, LIKE I WAS SAYING, THAT THE BIGGEST DRIVER OF COST IS THE AMOUNT OF HOURS AND THE AMOUNT OF VEHICLES THAT YOU'LL NEED DEPENDING ON THE SERVICE AREA THAT YOU PROVIDE. BUT I CAN TELL YOU THAT IT'S ABOUT $35 AN HOUR, MORE OR LESS. IF YOU DO MORE HOURS, IT MIGHT BE CLOSER TO $32 AN HOUR OR LESS HOURS, MORE CLOSER TO THAT 35 OR 36. >> IS THAT PER CAR OR? >> IT'S PER HOUR PER VEHICLE. >> THAT WOULD BE COMING OUT RIGHT NOW OUT OF OUR GENERAL FUND BECAUSE THAT'S WHERE MONEY WOULD COME TO HELP SUPPORT THIS, TO PAY FOR OUR RESIDENTS TO GET SOMEWHERE WITHIN OUR 12 SQUARE MILES TO GET TO THE AREAS OF INTERESTS THAT YOU HAVE DISCUSSED. >> CORRECT AND ALSO, IF YOU HAVE A GRANTS DEPARTMENTS, SOMETIMES THE CITIES HAVE GRANTS DEPARTMENTS THAT LOOK FOR OTHER GRANTS THAT ARE AVAILABLE, GREEN GRANTS OR IF YOU HAVE A CRA OR IF THERE'S A BID OF BUSINESS IMPROVEMENT DISTRICT THAT SOME CITIES WILL DO THAT AS WELL. TRY AND GET CREATIVE WITH THE FUNDING AND THEN AGAIN, THE OTHER THING I MENTIONED WAS THE ADVERTISING, WHICH CAN BE SIGNIFICANT. [03:55:02] >> OUR CITY DOES NOT HAVE A CRA. I'M JUST SHARING CERTAIN THINGS THAT RESPECTFULLY FEEL THAT MIGHT'VE BEEN SOMETHING THAT YOU MIGHT KNOW ABOUT OUR CITY. WHEN BRINGING A PRESENTATION THAT MIGHT COST US A LOT OF MONEY FROM OUR GENERAL FUND BECAUSE THE FDA GRANT DOESN'T EVEN OPEN, AS YOU SAID, FOR AWARDING UNTIL 2024. I'M NOT SAYING THIS ISN'T A POTENTIAL GOOD PROGRAM TO HAVE, BUT I FEEL THAT RIGHT NOW WE DON'T HAVE ENOUGH INFORMATION AND WHERE YOUR COMPANY DOES NOT YET HAVE A GOOD FEEL FOR WHAT OUR CITY IS ABOUT. I THINK THAT IF THERE'S CONSENSUS FOR MORE INFORMATION TO BE DISCUSSED, THAT IS AS FAR AS I'M WILLING TO GO. I'M NOT WILLING TO SAY THAT WE'RE WILLING TO PUT YOUR PROGRAM INTO OUR CITY BECAUSE, IT MIGHT NOT YET BE READY FOR OUR CITY AND FOR OUR PURPOSES. WHILE WE ARE CURRENTLY TRYING TO FINISH BUILDING OUR DOWNTOWN, WE DON'T YET HAVE THAT AVAILABLE. WE HAVE CERTAIN THINGS IN OUR BEAUTIFUL CITY THAT ARE GROWING AND CHANGING AND WORKING ON. WE HAVE A VERY VARIED POPULATION FROM 0 TO 107. WE HAVE DIFFERENT TYPES OF NEEDS AND I DO AGREE WITH COMMISSIONER PLACKO ABOUT DEFINITELY SPEAKING MORE WITH THE MPO AND SEEING WHAT OTHER AREAS IN WAY TO BE ABLE TO ASSIST ON A REGIONAL LEVEL. THAT MIGHT JUST BE A SPECIFIC LEVEL AT THIS PARTICULAR POINT IN TIME WHEN CAPACITY WE DON'T HAVE GARAGES LIKE YOU'RE MENTIONING TO BE ABLE TO PUT IN OUR EVS. WE'VE TRIED TO PUT IN EVS STATION, ELECTRONIC VEHICLE CHARGING STATION, RCTS HAD SOME TROUBLE WITH CERTAIN THINGS GOING ON WITH THAT. IN ORDER TO MAKE THE FUTURE FIT, IT'S THRILLING FOR ME RIGHT NOW, THERE'S NOT YET A FIT, BUT THE DISCUSSION I'M WILLING TO BE ABLE TO SAY FOR CONSENSUS, TO CONTINUE THE CONVERSATION AND SEE IF THERE'S SOMETHING IN THE FUTURE. >> ABSOLUTELY AND I WANTED TO ALSO PROVIDE A LITTLE BIT MORE CLARITY. WHEN WE HAD THE MEETING WITH GALLON AND WITH MR. LOVETT, I WAS ONE OF THREE PEOPLE FROM FREEBIE THAT WAS ON THE CALL. I WAS NOT THE LEAD ON THE CITY OF TAMARAC, BUT DUE TO THE LATE HOUR OF YOUR MEETING, I WAS THE ONLY ONE THAT WAS AVAILABLE AS MY COLLEAGUES ARE AT A CONFERENCE RIGHT NOW. I JUST WANTED TO SAY THAT BECAUSE OF YOUR COMMENTS ABOUT LACK OF KNOWLEDGE OF CRA, WE DO SPEAK TO 20 CITIES A WEEK. AGAIN, I WASN'T NOT THE LEAD ON THE CITY, SO I JUST WANTED YOU TO KNOW THAT WITH ALL DUE RESPECT. THAT MAY BE WHY [OVERLAPPING] I JUST TRY AND BE AS THOROUGH AS POSSIBLE AND JUST GIVE YOU THE GENERAL PRESENTATION. >> I APPRECIATE THAT THEY'RE NOT TRYING TO PUT YOU ON THE SPOT. I'M SURE YOU'VE HEARD THROUGH THE EVENING, THIS IS NOT TRADITIONAL OR THE PROCEDURES IN WHICH WE ARE USED TO DOING THINGS AND GETTING INFORMATION. NORMALLY, WE WOULD BE HERE TONIGHT ASKING FOR SOME MORE INFORMATION FOR THE CITY TO GO OUT AND TALK WITH YOU MORE SO YOU COULD HAVE A BETTER FEEL FOR US. WE CAN HAVE A BETTER FEEL FOR YOU AND THEN WE CAN KNOW FOR GOING FORWARD. YOU'VE BEEN PUT IN THE MIDDLE OF A SPIRAL. AS I SAID, IT'S INTERESTING. IT'S GOT REALLY GOOD QUALITIES BUT I DON'T KNOW IF WE ARE FIT. BUT I AM NOT WILLING TO SAY WE'RE GOING TO GO FORWARD AND APPROVE A CONTRACT AND NEGOTIATE A CONTRACT WITH YOU BECAUSE WE DON'T EVEN KNOW RIGHT. BUT I AM HAPPY TO SAY THAT I WOULD SUPPORT CONVERSATIONS WE HAD TO SEE IF IN THE FUTURE TO GETTING INFORMATION THERE SHOULD BE SOMETHING TO COME BACK TO US FORFEIT. >> ABSOLUTELY AND AGAIN, ALL WE WERE ASKING FOR WAS DIRECTION WITH YOUR GOALS SO THAT WE CAN COME BACK AND GIVE YOU AN ACTUAL PROPOSAL OF, HEY, THIS IS WHAT THAT WOULD LOOK LIKE IF THIS IS YOUR GOAL, WHETHER IT'S SENIORS, WHATEVER IT IS. THIS IS WHAT WE COME BACK WITH. THIS IS WHAT IT'S GOING TO LOOK LIKE AND REALLY NAIL DOWN THAT PRICE BECAUSE AT THE END OF THE DAY IT ALL BOILS DOWN TO DOLLARS. IF YOU WANT TO GIVE US THAT DIRECTION, WE CAN DEFINITELY COME BACK WITH A PROPOSAL AS WE CONTINUE TO LEARN MORE ABOUT EACH OTHER. >> THANK YOU. BECAUSE COMMISSIONER VILLALOBOS HAS NOT YET SPOKEN AND COMMISSIONER PLACKO AND COMMISSIONER BOLTON HAVE I'M GOING TO GO TO COMMISSIONER VILLALOBOS. >> THANK YOU, MAYOR. I THINK IT'S PRETTY COOL. I THINK WE CAN GET RID OF THE CAR ALLOWANCE. >> JUST DRIVE US AROUND BUT DUNGEON THAT'S BEING PAID FOR BY THE STATE. >> YEAH. >> BUT YES, I WOULD JUST ECHO EVERYONE'S WORDS, JUST GET US INFORMATION. THANK YOU. >> THANK YOU. IT'S BEEN A LONG WEEK. THANK YOU. >> I APPRECIATE THE OPPORTUNITY TO PRESENT TO YOU THIS EVENING. >> YOU'RE NOT DONE. DON'T WORRY WE'VE STILL GOT OTHER PEOPLE ON THERE. CITY ATTORNEY YOU PRESSED YOUR LIGHT. >> YES. MADAM MAYOR, MEMBERS OF THE COMMISSION, I THINK IT'S A GREAT IDEA. I'VE SEEN IT IN OTHER JURISDICTIONS, BUT I THINK THAT THERE'S A LOT OF WORK TO BE DONE. FROM MY PERSPECTIVE, MY BIGGEST CONCERN OF WHAT I'VE HEARD SO FAR IS WHERE DO WE CATEGORIZE IT AND PUT THE SERVICE INTO THE CONTEXT OF OUR PROCUREMENT PROCEDURES. [04:00:01] BECAUSE WE DO HAVE REQUIREMENTS IN OUR CODE THAT CERTAIN TYPES OF SERVICES AND SERVICES IN GENERAL HAVE TO BE COMPETITIVELY PROCURED. IT'S GOING TO BE SUBMITTED TO THE CITY AS A P3 PROJECT, THAT PROCESS WHERE WE CAN REVIEW IT AND APPROVE IT. POINT BEING, WE HAVE A LOT TO DO ON THE STAFF LEVEL TO GATHER UP ALL THAT INFORMATION, TO BE ABLE TO PRESENT TO YOU ALL A PATH FORWARD. LET ME MENTION THAT TO YOU KEEP THAT IN MIND THAT THERE'S CHECKS AND BALANCES HERE THAT WE ALL HAVE TO COMPLY WITH TO MAKE SURE THIS IS DONE PROPERLY. >> THANK YOU, CITY ATTORNEY. COMMISSIONER PLACKO. >> THANK YOU. I'M VERY INTRIGUED BY THE IDEA. I THINK AS WE LOOK OUT FIVE YEARS, THIS WILL BE SOMETHING THAT WILL BE VITAL. I'M NOT SPECIFICALLY TALKING TAMARAC FIVE-YEARS, BUT GETTING CARS OFF THE ROAD IS A MUST FOR A NUMBER OF REASONS. THE THING THAT CONCERNS ME NOW SPECIFICALLY WITH OUR CITY, IS THAT IT CANNOT INTERFERE WITH OUR CURRENT BUS SERVICE FOR A NUMBER OF REASONS. PEOPLE ARE USED TO IT. I WOULDN'T WANT IT TO INTERFERE WITH ANY TYPE OF FUNDING THAT WE GET FOR THAT SERVICE. I THINK WE HAVE SOME INTERESTING WORK TO DO HERE TO FIND OUT WHERE THIS MIGHT BE A GOOD FIT. BUT I THINK AT THIS POINT IT'S A LITTLE PREMATURE FOR US. >> I THINK THOSE ARE VERY GOOD POINTS AND I THINK THE GOOD NEWS IS ALSO THAT SINCE WE HAVE BEEN AROUND FOR 10 YEARS AND THERE'S SO MANY NEIGHBORING CITIES THAT ARE USING THE SERVICE, YOU CAN DEFINITELY INQUIRE WITH VENTURA OR SUNRISE AND SEE HOW AND ASK THEM. I KNOW THAT DIFFERENT CITIES TALK TO EACH OTHER AND FIND OUT HOW IT IS THAT THEY'RE DOING, HOW THEY LIKE THE PROGRAM AND GET MORE INFORMATION AS TO HOW THEY FACED AND SOME OF THESE CHALLENGES AND HOW THEY'VE WORKED AROUND THAT AS WELL. >> RIGHT, BECAUSE WE DEFINITELY DON'T WANT TO LOSE THE SERVICE. WE HAVE NUMBER OF REASONS FUNDING AND IT'S PEOPLE WE'RE GIVING JOBS TO. WE DON'T WANT TO PUT THEM OUT OF JOBS EITHER, BUT THANK YOU VERY MUCH, IT WAS GREAT. >> MY PLEASURE. >> THANK YOU, COMMISSIONER BOLTON. >> YEAH. I AGREE WITH COMMISSIONER PLACKO, BUT THAT'S NOT TO SAY THAT I DON'T WANT IT. I DON'T WANT YOU TO THINK THAT I DON'T WANT IT. I'M A NICE GUY AND I THINK NICE THINGS FOR OUR CITY IS GREAT AND THIS IS NICE. I WANT TO HEAR DEFINITELY MORE ABOUT IT BECAUSE FOR INSTANCE, WHEN THE BUS AIRBUS PICKS UP SOMEONE FROM A CERTAIN LOCATION AND THEN BRING THEM TO A CERTAIN LOCATION, THEN THEY HAVE TO, DEPENDING ON WHERE THEY LIVE, WALK SOME DISTANCE. I CAN SEE SOME PEOPLE IN MY DISTRICT USING THE SERVICE BECAUSE THE BUS ROUTE DOES NOT NECESSARILY HELP THEM BECAUSE THEY HAVE TO WALK CONSIDERABLE WAY. THEN FOR INSTANCE, PEOPLE THAT LIVE, FOR INSTANCE, THE BERMUDA CLUB THAT IS NOT VERY MOBILE OR CAN'T MOVE AS FAST AS THE YOUNGER FOLKS DO, WOULD WANT TO USE THIS SERVICE AS WELL. KINGS POINTERS AND THAT'S MEL, THAT STUFF. I [LAUGHTER] THINK WE NEED IT. WE JUST HAVE TO FIND OUR RHYTHM AND WHERE WE WOULD WANT IT. YOU HAVE MY CONSENSUS TO BRING THIS BACK SO THAT STAFF CAN WORK IT OUT AND LET'S SEE WHERE WE FALL AND HOW WE CAN WORK THINGS OUT AND LET'S GO. >> YOU RECENTLY STARTED WITH SUNRISE? CAN YOU TELL THE COMMISSION HOW LONG THE PROCESS WENT FROM START IDEA TO ACTUAL IMPLEMENTATION? >> WELL, SOME CITIES MOVE FASTER THAN OTHERS, BUT I CAN TELL YOU THAT FROM THE TIME THAT YOU SIGN THE CONTRACT, YOU'RE LOOKING AT ABOUT 90-120 DAYS FOR US TO IMPLEMENT. ONCE YOU GO THROUGH YOUR INTERNAL PROCESSES AND DECIDE ON THE SERVICE AREA, THE LEVEL OF SERVICE, ETC, ALL THE THINGS I MENTIONED, AND DECIDE TO SIGN THE CONTRACT. THEN AT THAT POINT, I THINK IT'S WHEN YOU HAVE A MORE CLEAR IDEA. JUST EVERY CITY TAKES A DIFFERENT AMOUNT OF TIME. WE WILL BE IN CENTRAL FLORIDA BY THE END OF THE YEAR AND WE HAD A CONVERSATION WITH THEM ONE WEEK AND THE FOLLOWING WEEK, WE WERE ON THE COMMISSION AND THEN THE CONTRACT WAS SIGNED, [04:05:03] SO IT MOVED VERY QUICKLY. IT REALLY JUST DEPENDS ON THE GOVERNMENTAL BODY AND HOW FAST THEY WANT TO MOVE. >> I LIKED THE EXAMPLE OF THE CITY YOU JUST MENTIONED IN CENTRAL FLORIDA. HOW LONG DOES IT TYPICALLY TAKE FROM THE TIME YOU HAVE A CONVERSATION, LIKE LET'S SAY YOU HAD A CONVERSATION WITH LEVANT, LIKE IT WAS HIS IDEA AND NOT MINE. HOW LONG DOES THAT TAKE BETWEEN THAT CONVERSATION WITH STAFF UNTIL IT COMES TO THE COMMISSION? LIKE THE NEGOTIATIONS AND DISCUSSIONS. >> USUALLY A COUPLE OF WEEKS. >> OKAY. WELL, I'M GLAD YOU MENTIONED THAT. ONE OF THE THINGS THAT I TALKED ABOUT WITH SENIORS BECAUSE THERE'S BEEN A LOT OF FAKE NEWS ON SOCIAL MEDIA. >> OKAY. COMMISSIONER, VICE MAYOR ENOUGH. >> BUT I DO LOVE OUR SENIORS AND CARE ABOUT OUR SENIORS. I'LL GO AHEAD AND MAKE THE MOTION. >> ACTUALLY, NO, YOU'RE NOT BECAUSE SOME OF US ARE GOING TO FINISH SPEAKING. >> WHEN YOU FINISH SPEAKING, I WOULD LIKE TO MAKE A MOTION. >> YOU DON'T MAKE MOTIONS ON CONSENT ITEMS. CITY ATTORNEY, YOU HAVE MADE A VERY IMPORTANT NOTE IN THIS CONVERSATION REGARDING PROCUREMENT PROCESS. THIS WOULD BE PROCUREMENT FOR TRANSPORTATION, CORRECT? >> IT WOULD BE A PROCUREMENT FOR TRANSPORTATION SERVICES, YES. >> THEREFORE, ALONG THE LINES WITH RULES AND REGULATIONS IN OUR CITY, I'M NOT SURE WHAT YOU'VE DONE WITH OTHER CITIES AND IT'S ALL GOOD FOR OTHER CITIES, BUT OUR CITY HAS A PROCESS. IF YOU'VE HEARD NOTHING THIS EVENING ABOUT OUR CITY, WE HAVE PROCESSES AND SOME OF US REALLY LIKE OUR PROCESSES BECAUSE WE'D LIKE TO MAKE SURE WE'RE ON THE RIGHT SIDE OF THE LAW. WE CAN'T JUST ALL OF A SUDDEN GIVE OUT A BID TO SOMEBODY JUST BECAUSE THEY'VE GOT A GOOD IDEA. BECAUSE THAT WOULD GIVE US A PROBLEM THAT OTHER PEOPLE REFER TO FOR OTHER THINGS. BUT ANYWAY, POINT BEING IS THIS, THIS IS JUST COMMENTARY. THIS COMMISSION NEEDS TO DETERMINE WHETHER OR NOT IT IS INTERESTED IN FURTHER LEARNING MORE ABOUT THIS, YOUR FREEBIE SERVICES, YOU IN GENERAL, BUT THEN ASK OTHER QUESTIONS THAT WE MAY NEED AS A WHOLE FOR OUR CITY AND DETERMINE WHETHER OR NOT THIS IS SOMETHING THAT COME FORWARD FOR REVIEW AND FOR FURTHER DISCUSSION AND ALTHOUGH ALSO ONE THAT HAS FINANCIAL ITEMS INCLUDED, ESPECIALLY BECAUSE WE'RE RIGHT BEFORE A BUDGET THAT IS ALLEGEDLY ATTEMPTING TO BE CUT BY A MILLION DOLLARS. SITTING HERE TODAY WITHIN A FEW WEEKS BEFORE BUDGET, I DON'T THINK THERE'S ANY WAY WE'RE GOING TO BE ABLE TO AFFORD 32 DOLLARS OR 38 DOLLARS AN HOUR PER THREE VEHICLES. THAT BEING SAID, IS THERE CONSENSUS TO HAVE MORE RESEARCH DONE ON LAST MILE TYPE SERVICES WITHIN OUR CITY? >> I'M ASKING FOR CONSENSUS TO START A PILOT PROGRAM WITH ROAD FREEBIE TO ENHANCE TRANSPORTATION SERVICES, PUBLIC SAFETY, GREEN INITIATIVES, AND TO PROMOTE LOCAL SMALL BUSINESSES IN THE CITY OF TAMARAC. >> VICE MIGUEL, ARE YOU ABLE TO WORD THAT JUST A LITTLE BIT DIFFERENTLY? BECAUSE I'M NOT NECESSARILY READY TO DO THAT. WHAT I'M READY TO DO IS FOR STAFF TO EXPLORE IN A MORE FORMAL WAY AND BRING SOMETHING BACK TO US SO THAT WE'RE ABLE TO THEN DO THE STEP THAT YOU ARE UP TO. >> THE NEXT STEP IN THAT PROCESS, WHICH WAS EXPLAINED TO THE ASSISTANT CITY MANAGER WHEN WE HAD THAT CALL, IS FOR THEM TO HAVE THE CONVERSATIONS, HAVE THE NEGOTIATIONS AND THEN BRING IT BACK TO US. THERE WILL BE THE NATURAL NEXT STEP. >> IT SEEMS THAT THE PROCESS JUST WANTS TO BE COMPLETELY FORE GONE BY THE VICE MAYOR ON HOW WE DO THINGS IN OUR CITY. [OVERLAPPING] >> THAT'S NOT TRUE. >> THROUGH HAVING US GO INTO AN AGREEMENT. [OVERLAPPING] >> YOU SHOULD PROBABLY HAVE A DISCUSSION, WE'RE GOING TO CALL FOR AN HOUR WITH THAT DISCUSSION. >> CITY ATTORNEY. >> YES, MA'AM. >> WILL YOU REMIND THE COMMISSION ON HOW THE PROCESS WORKS? >> I ACTUALLY BELIEVE THAT SHORT CIRCUITED I THINK THAT THE COMMENT OF COMMISSIONER BOLTON IS FITS WHAT I THINK SHOULD BE DONE AND CONSISTENT WITH OUR INTERNAL PROCEDURES IS TO GATHER AS MUCH INFORMATION ABOUT FREEBIE AND OTHER SIMILAR TYPE OF SERVICES, AND PRESENT THAT INFORMATION TO YOU ALL AND STAFF TO GIVE YOU A ROADMAP TO MOVE FORWARD TO THE VICE MAYOR'S REQUEST. I THINK THAT THE MARRIAGE OF THE TWO IS WHAT WE NEED BECAUSE AT THIS POINT IN TIME, I WOULD HAVE TO GET WITH STAFF, [04:10:03] INCLUDING THE PROCUREMENT MANAGER TO DETERMINE WHETHER OR NOT UNDER OUR EXISTING REGULATIONS, WE WOULD BE ABLE TO DO THIS WITH FREEBIE TO THE EXCLUSION OF EVERYONE ELSE. I DON'T KNOW IF THERE'S OTHER SIMILAR TYPE SERVICES, BUT I KNOW THAT FREEBIES HAS BEEN VERY SUCCESSFUL AND WHAT'S THEY'RE SAYING IS THAT IMITATION IS THE BEST FORM OF FLATTERY. I THINK AS THOUGH THERE MAY BE COMPETITORS, I DON'T KNOW. TO THE POINT THAT OTHER COMMISSIONERS SAID TO MAKE SURE THAT THIS DOESN'T CONFLICT WITH OR UNNECESSARILY COMPETE WITH OUR EXISTING MOBILITY STRATEGIES. >> THANK YOU. BECAUSE I BELIEVE I DID EXPRESS THE SAME THING THAT COMMISSIONER BOLTON EXPRESSED AFTERWARDS. BASICALLY, VICE MAYOR, WHAT YOU HAVE BEEN LEGALLY ADVICE FROM OUR CITY ATTORNEY REGARDING THE WAY YOU HAVE PHRASED YOUR REQUEST. IT IS POTENTIALLY AN ISSUE FOR THE CITY BECAUSE YOU ARE ASKING FOR US TO NEGOTIATE SOMETHING SPECIFICALLY WITH ONE ENTITY WITHOUT GOING THROUGH THE PROPER REVIEW AND PROCUREMENT PROCESS. YOU HAVE BEEN GIVEN AT WHETHER IT'S STATED THE WAY I SAID IT OR STATED THE WAY COMMISSIONER BOLTON SAID IT IS STILL GETS TO THE SAME RESULT FOR THE CITY TO GO BACK AND INVESTIGATE THIS FURTHER TO DETERMINE WHETHER OR NOT WE CAN DO THIS. >> THAT'S GOING TO BE PART OF THE PROCESS. I HAVE A QUESTION FOR THE BENCH AND WHY HE'S COMING UP. CLAUDIA, CAN YOU TALK ABOUT THE PROCUREMENT PROCESS YOU'VE HAD WITH OTHER CITIES? >> FLORIDA IS A PIGGYBACK STATE AND YOU CAN PIGGYBACK ON OTHER CITIES PROCUREMENT PROCESSES SO THAT YOU DON'T HAVE TO GO THROUGH THE WHOLE THING. THAT IS A POSSIBILITY AND THAT'S WHAT A LOT OF PEOPLE, A LOT OF THE CITIES DO. ESPECIALLY THOSE CITIES THAT ARE LOOKING TO GET STARTED RIGHT AWAY AND BRING THE SERVICE TO THEIR CITIES. >> CITY MANAGER, WE DO A LOT OF PIGGYBACKS HERE IN TAMARAC, DON'T WE? >> WE DO PIGGYBACK CONTRACTS. THAT IS CORRECT. >> THANK YOU. A PIGGYBACK FOR THE AUDIENCE JUST MEANS THAT AN RFP WAS DONE SOMEWHERE ELSE. COMPETITION WAS DONE SOMEWHERE ELSE. WE DO IT ALL THE TIME. IT PROVE THAT THE BEST PRICE WAS DONE AND THAT ALLOWS YOU TO NEGOTIATE. FOR EXAMPLE, I HAVE A CONTRACT WITH MY BUSINESS. I CAN TAKE MY CONTRACT TO ANOTHER CITY AND SAY, HEY, CAN YOU GIVE ME A CONTRACT BASED ON THIS PIGGYBACK? THEY CAN SAY YES OR NO. THAT'S HOW PIGGYBACK WORKS, FOR THOSE WHO DON'T KNOW, YOU STILL GO THROUGH YOUR DUE DILIGENCE PROCESS. >> VICE MAYOR, WE DO KNOW WHAT A PIGGYBACK IS AT THIS POINT IN TIME. >> THANK YOU. CAN YOU SHARE YOUR VIEW OF RIDE FREEBIE THAT YOU EXPRESS ON THE CALL IN TERMS OF THE FACT THAT THIS ORGANIZATION MEET SOME OF THE GOALS OF BEING A SMART CITY, BEING A CONNECTED CITY ENVIRONMENTALLY FRIENDLY. CAN YOU EXPRESS YOUR OVERALL SENTIMENT. >> RESPECTFULLY, I'M GOING TO SAY ASSISTANT CITY MANAGER, WHETHER OR NOT THE ASSISTANT CITY MANAGER SHOULD HAVE BEEN ON THAT POLL WHEN DEALING WITH AN ISSUE THAT HAS NOT YET BEEN BY CONSENSUS FOR THIS COMMISSION TO DETERMINE THAT ISSUE BECOMING FORTH FOR US IS A REALLY BIG QUESTION FOR SOME OF US. AT THIS POINT IN TIME [OVERLAPPING] >> CITY ATTORNEY CAN ADDRESS THAT. >> WE ARE NOT HERE TO DETERMINE WHETHER OR NOT OUR ASSISTANT CITY MANAGER [OVERLAPPING] BELIEVES THAT THIS IS A GOOD IDEA OR NOT. IT IS WHETHER OR NOT THIS COMMISSION IS READY FOR A CONSENSUS TO DETERMINE WHETHER OR NOT FURTHER INVESTIGATION SHOULD BE DONE TO BRING THIS BACK TO THE CITY FOR REVIEW IN THE PROPER COURSE OF BUSINESS. IT'S VERY SIMPLE. >> YOU'RE FIGHTING THIS BECAUSE IT CAME FROM ME. IF IT CAME FROM STARS, YOU'D BE ALL ON BOARD. [OVERLAPPING] >> POINT OF ORDER MADAM MAYOR THROUGH THE CHAIR. MANAGER, HOW MUCH TIME WOULD STAFF NEED TO BRING THIS BACK TO US WITH PIGGYBACKING AND ALL OF THAT PACKAGE? >> CITY MANAGER. >> I HONESTLY CAN'T ANSWER THAT QUESTION RIGHT NOW UNTIL WE SIT DOWN WITH THE STAFF THAT DEALS WITH THIS TYPE OF ACTIVITY AND GET THE INFORMATION. WE WILL MOVE IT QUICKLY. IF THIS IS THE WILL OF THE COMMISSION, WE WILL GET TO IT RIGHT AWAY. I JUST CAN'T TELL YOU DEFINITIVELY AT THIS POINT BECAUSE WE HAVEN'T HAD THE BENEFIT OF A LARGER DISCUSSION. VICE MAYOR GELIN ASKED OUR OFFICE TO PARTICIPATE IN A CALL TO LEARN ABOUT IT, WHICH WE DID. BUT ONLY TO LEARN BEFORE BECAUSE IT WAS COME TO YOU FOR A CONSENSUS FOR ME TO DIRECT STAFF TO WORK FURTHER ON IT. IT SEEMS LIKE WE HAVE CONSENSUS TO MOVE FORWARD, AND I WILL ENDEAVOR TO DO SO AS QUICKLY AS POSSIBLE. >> THERE WILL BE CLARIFICATION ON HOW TO MOVE FORWARD AND WHAT THE MOVE FORWARD IS TO ME. [04:15:02] >> THAT WILL COME FROM STAFF. >> I THINK I HAVE THE CLARITY. IF THERE'S ENOUGH [OVERLAPPING] >> I'M NOT SURE. I'M SORRY. YOU DO. I'M WANTING TO MAKE SURE WE ALL DO. GO AHEAD AND STATE YOUR CLARITY, PLEASE. >> ONLY TO SAY THAT THEY'RE OPERATING IN SEVERAL MUNICIPALITIES THROUGHOUT SOUTH FLORIDA. IT'S A KNOWN ENTITY. WE DO NEED TO LOOK AT PROCUREMENT AS THE CITY ATTORNEY HAS RECOMMENDED. WE NEED TO LOOK AT OUR ROUTES. WE NEED TO LOOK AT SERVICE HOURS. THESE ARE JUST THINGS WE HAVEN'T EVEN BEGUN TO LOOK AT. IN HEARING, WHAT'S THE DISCUSSION HERE IS, IT SEEMS TO ME A WILLINGNESS TO LOOK AT THAT. >> FORTY ONE SUPPORT, I WOULD SAY. >> CAN YOU JUST LOOK AT IT AND THEN COME BACK TO US LIKE THE 12TH OF OCTOBER. >> I THINK IT'S DOABLE FOR US TO DO THE PRELIMINARY RESEARCH TO BE ABLE TO COME BACK AND OFFER AN UPDATE. >> OKAY. >> CITY MANAGER, YOU HAVE CONSENSUS IT SEEMS FROM THE ENTIRE COMMISSION TO REVIEW THIS MATTER AND BRING IT BACK TO US IN DUE COURSE, WITH WHAT THE CITY NEEDS TO DO, TO BE ABLE TO BRING US SOMETHING THAT IS IN TOTAL A PICTURE THAT WE CAN DIGEST VERSUS HAVING IT PIECEMEAL IF YOU ARE, IN MY OPINION AND THAT'S WHAT IT IS. IF YOU'RE AVAILABLE TO GET IT ALL DONE BY OCTOBER 12TH, AMONGST EVERYTHING ELSE WE'VE GOT GOING ON, GREAT. BUT IF WE ARE GOING TO STILL HAVE TO HAVE CONTINUAL CONVERSATIONS THAT WILL WIND UP DELAYING THE PROCESS FURTHER VERSUS GETTING IT DONE THE RIGHT THE FIRST TIME, GET IT DONE WHEN YOU GET IT DONE VERSUS WORRYING ABOUT WHO'S ON THE DAY IS AT THE TIME THAT THIS COMES BACK. NOW THAT YOU HAVE CONSENSUS FROM ALL FIVE OF US THIS OUTCOME AS A JOIN, WE WISH YOU A VERY SAFE TRIP BACK HOME. >> THANK YOU VERY MUCH, MADAM MAYOR. THANK YOU, COMMISSIONERS. HAVE A WONDERFUL NIGHT. >> THANK YOU. >> NOW WE'RE GOING TO OUR ACTUAL 6A. [6.a TO2514 - 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” by amending Article 6 entitled “Rules of Construction and Definitions, ”by specifically amending Section 10-6.2, entitled “Use Categories and Use Types Defined”, and Section 10-6.3, entitled “Other Terms Defined”, to provide definitions for certain “Adult Entertainment Uses” identified in the city’s land development code; providing for codification; providing for conflicts; providing for severability; and providing for an effective date.] IT IS OUR ORDINANCES ON FIRST READING. IT IS TO2 514 CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD. >> YES, MADAM MAYOR. MEMBERS OF THE COMMISSION IS AND AUDIENCE CITY COMMISSION, CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10 TO THE CITY OF TAMARAC CODE OF ORDINANCES ENTITLED LAND DEVELOPMENT CODE, BY AMENDING ARTICLE 6 ENTITLED RULES OF CONSTRUCTION AND DEFINITIONS. BY SPECIFICALLY AMENDING SECTION 10-6.2 AND TITLED USE CATEGORIES AND USE TYPES DEFINED IN SECTION 10-6.3, ENTITLED TO OTHER TERMS DEFINED TO PROVIDE DEFINITIONS FOR CERTAIN ADULT ENTERTAINMENT, USERS IDENTIFIED IN THE SEASON LAND DEVELOPMENT CODE, PROVIDING CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU. I NEED A MOTION AND A SECOND. THANK YOU. MOTION BY COMMISSIONER VILLALOBOS. SECOND BY COMMISSIONER PLACKO. MS. CALLOWAY HAS A PRESENTATION FOR US. DO WE NEED A PRESENTATION ON FIRST READING? LADIES GENTLEMEN, HAVE WE READ OUR STUFF? SAYING THAT DOESN'T SEEM THE COMMISSION IS UP FOR A PRESENTATION AND WE DO NOT HAVE PUBLIC COMMENTS ON FIRST HEARING, I'M JUST GOING TO ASK FOR A ROLL CALL THEN. >> MAYOR, I THINK IT WOULD BE APPROPRIATE TO HAVE LIMITED PRESENTATION ON THIS SINCE ITS FIRST READING LIMITED. >> I CONCUR. >> CAN WE GET CONSENSUS, MAYOR? >> MS. CALLOWAY GIVE US YOUR FULL PRESENTATION, IF YOU HAVE A PRESENTATION, IT IS HERE BEFORE US, PLEASE GIVE IT TO US. THANK YOU. NOT A BRIDGE BECAUSE I'M NOT GOING TO HAVE US COME AND SAY, "WE DIDN'T KNOW WE DIDN'T HEAR IT BEFOREHAND." YOUR FULL PRESENTATION, PLEASE? >> THANK YOU, MADAM MAYOR. GOOD NIGHT FOR EVERYONE. THESE MAXINE CALLOWAY, DIRECTOR OF COMMUNITY DEVELOPMENT. IT'S NOT A VERY LONG PRESENTATION, SO I CAN GO THROUGH IT QUICKLY. THE ITEM TITLE WAS READ INTO THE RECORD. JUST SOME BACKGROUND ON THIS ADULT ENTERTAINMENT DEFINITION IS CONTAINED IN CHAPTER 12 OF OUR CODE. IN 2018, WE ADOPTED A NEW CODE AND MOVE ALL THE ADULT ENTERTAINMENT DEFINITION OVER TO CHAPTER 10. WHEN WE DID THAT, HOWEVER, ON THIS SLIDE, YOU CAN SEE WE MOVED OVER 13 OR SO DEFINITIONS OR SUBCATEGORIES TO CHAPTER 10. AFTER AN APPLICATION WAS FILED, STAFF REALIZED THAT OF THE 13 DEFINITIONS, ONLY ABOUT FOUR OR FIVE WE'RE FULLY DEFINED IN CHAPTER 10, THE OTHER REMAINING NINE WERE LISTED BUT NOT DEFINED IN CHAPTER 10. THIS EXERCISE ESSENTIALLY IS TO MAKE SURE THAT WE HAVE CONCISE, [04:20:02] SUCCINCT DEFINITION SO STAFF CAN PROPERLY INTERPRET THE CODE AND IT CAN ALSO BE USER-FRIENDLY AND THERE CAN BE NO AMBIGUITY IN TERMS OF THE DEFINITIONS FOR EACH ADULT ENTERTAINMENT USE. PART OF OUR RESEARCH IN ORDER TO ARRIVE AT THE DEFINITION, WE USE INDUSTRY STANDARD. WE LOOKED AT OTHER CITIES. WE USE THE AMERICAN PLANNING ASSOCIATION, WHICH IS AN INDUSTRY SOURCE IN THE PLANNING INDUSTRY TO COME UP WITH A DIFFERENT DEFINITIONS. I'M JUST GOING TO GO THROUGH A REAL QUICK WHAT'S CONTAINED IN YOUR BACKUP AND IN THE ORDINANCE. THE CROSS THROUGH IS A LANGUAGE THAT WE'RE DELETING AND WHAT'S UNDERLINED, IT'S A LANGUAGE THAT WE'RE PROPOSING. THE FIRST SECTION IS SECTION 10-6.2, WHICH IS UNDER COMMERCIAL USES WHERE ADULT ENTERTAINMENT IS INTRODUCING OUR CODE AND IT'S REALLY UNDER RECREATION AND ENTERTAINMENT. AS YOU CAN SEE ON THIS SLIDE, WE'RE PROPOSING TO ELIMINATE LANGUAGE. IT PROVIDES FOR DEFINITIONS IN THAT LANGUAGE THAT WE WANT TO REALLY MOVE TO OUR DEFINITION SECTION. INSTEAD, WHAT WE'RE PROPOSING IS A COMPREHENSIVE DEFINITION AS THE INTRODUCTORY PROVISIONS OF ADULT ENTERTAINMENT. THIS IS A BIT BROAD AND IT ALSO TELLS THE USER WHERE THE DEFINITION IS LOCATED. AT THE VERY END YOU WILL SEE C-SECTION 10-6.3. OTHER TERMS DEFINE WHERE THE ACTUAL DEFINITIONS ARE LOCATED. THESE ARE THE DEFINITIONS THAT ARE BEING PROPOSED NOT ALWAYS KNEW. THE ONES THAT WERE NOT DEFINED AS I SHOWED IN THE PREVIOUS SLIDE WE TOOK FROM THE AAP, AMERICAN PLANNING ASSOCIATION SOURCE AND WE'RE DEFINING THEM IN HERE. WE'RE ALSO REORGANIZING IN ALPHABETICAL ORDER. TO AVOID HAVING READ IN ALL THE DEFINITION, WE HAVE ADULT BATH HOUSE, ADULT BOOKSTORE, ADULT BUSINESS OR ESTABLISHMENT, ADULT CABARET OR THEATER. AGAIN, SOME WERE ALREADY DEFINE, OTHERS ABOUT NINE WERE NOT DEFINED. WHAT IS COMMON AND WE DID SOME REORGANIZATION AS WELL. BUT WHAT'S COMMON IN THE ADULT ENTERTAINMENT DEFINITION IS THAT IT REALLY PROVIDES FOR USES THAT EMPHASIZE OR HAVE AN EMPHASIS ON DEPICTING, DESCRIBING OR RELATED TO SPECIFIC ANATOMICAL AREAS OR SEXUAL CONDUCT TO REALLY DEFINE. MOST OF THESE DEFINITION WILL HAVE THAT TYPE OF LANGUAGE AS A PART OF THE DEFINITION. THE OTHER SET OF DEFINITION, ADULT DANCE AND ESTABLISHMENT, ADULT DATE IN SERVICE, ADULT ENCOUNTER PARLOR, ADULT ESCORT SERVICE, ADULT MINI MOTION PICTURE THEATER, ADULT MOTION PICTURE THEATER, ADULT PHOTOGRAPHY AND MODELING STUDIO. IN THE LAST SLIDE IS JUST A CATCH-ALL PROVISION THAT SPEAKS TO WHETHER OR NOT IF THE USE IS PROHIBITED BY STATE STATUTE, THEN IT'S CONSIDERED TO BE PROHIBITED IN THE CITY OF TAMARAC AS WELL AND JUST YOUR TYPICAL CATCH-ALL PROVISION JUST TO MAKE SURE ONCE AGAIN, THERE'S NO AMBIGUITY AND WE HAVE CLARITY IN ADMINISTERING AND INTERPRETING THE CODE. THIS IS A TEXT AMENDMENT AND SO YOUR CODE PROVIDES CERTAIN STANDARDS FOR STAFF TO REVIEW AND FOR YOU TO CONSIDER WHEN WE BRING FORWARD A TEXT AMENDMENT. BASED ON STAFF MEMORANDUM, ALL THE STANDARDS IN THE CODE, THERE ARE SEVEN HAVE BEEN MET WITH THIS TEXT AMENDMENT APPLICATION. IT ALSO ALIGNS WITH THE CITY STRATEGIC PRIORITY AND SUPPORTS THE CITY'S 20/40 STRATEGIC PLAN. SPECIFICALLY, NUMBER 2, TAMARAC IS SAFE AND PEOPLE KNOW IT. IT WAS ALSO HEARD BY THE PLANNING BOARD AT THEIR LAST MEETING ON WEDNESDAY AND WAS APPROVED BY A 4-0 VOTE. ONE PLANNING MEMBER DURING THE DISCUSSION WENT TO THE RESTROOM AND THE VOTE OCCURRED WHILE HE WAS OUT. IT WAS APPROVED BY THE PLANNING BOARD AND STAFF IS ALSO RECOMMENDING APPROVAL THIS EVENING. I'LL TAKE ANY QUESTIONS YOU WILL HAVE AT THIS TIME. >> COMMISSIONER BOLTON. >> HOW WOULD THIS PIECE OF LEGISLATION AFFECT THE BUSINESS MEMBERS ONLY MANAGEMENT, THE PEOPLE THAT CAME? >> I'LL DIFFER TO THE CITY ATTORNEYS. >> BUT YOU'RE AN ATTORNEY TOO. >> IT'S THE ATTORNEY THAT IS PRESENTING US. >> AS INDICATED BY THE SPEAKER EARLIER TODAY, THE CITY IS IN LITIGATION WITH THAT ENTITY. I WOULD RECOMMEND TO THIS COMMISSION THAT WE REFRAIN FROM PUBLICLY DISCUSSING THAT MATTER. AT YOUR CONVENIENCE, I CAN MEET WITH EACH ONE OF YOU TO ANSWER THAT QUESTION IN PRIVATE, BUT I DO NOT BELIEVE THAT IT'S IN THE BEST INTERESTS OF THE CITY TO HAVE THAT PUBLIC DISCUSSION. BUT WHAT I WILL SAY IS WHAT [04:25:03] MR. COCHRAN SAID IN GENERAL, I WOULD DISAGREE WITH ON BEHALF OF THE CITY. >> WE DON'T THINK THAT CHANGING THE RULES IN THE MIDDLE OF A LAWSUIT. [OVERLAPPING] >> TO ANSWER THAT QUESTION, THESE TYPE OF AMENDMENTS IN THE CONTEXT OF EXISTING LITIGATION, SOMETIMES IT'S COINCIDENTAL, SOMETIMES IT MAY BE A PART OF IT, AND THAT'S NOT UNCOMMON ACTUALLY. IT'S NOT UNCOMMON TO FIND THOSE TYPES OF SITUATIONS. I WOULDN'T SAY ANYTHING MORE AT THIS POINT, BUT IT WON'T HAVE A NEGATIVE EFFECT. >> IF I CAN CLARIFY, I WOULDN'T SAY THIS IS CHANGING THE RULES. THIS HAS ALWAYS BEEN STAFF'S POSITION AS YOU KNOW, IT'S A PART OF THE APPLICATION. STAFF RENDERED RESPONSE TO AN INQUIRY THAT WAS MADE AND THIS BOLSTER OUR POSITION. THIS IS NOT CONTRARY TO THE POSITION STAFF HAD TAKEN EVEN IN THAT SITUATION. I WOULDN'T SAY THIS IS CHANGING THE RULES. THIS IS CONSISTENT WITH OR INTERPRETATION. >> THIS IS CONSISTENT WITH OUR INTERPRETATION AND OUR POSITION HELD FOR HOW LONG? >> WHEN THE APPLICATION WAS FILED, WHICH IS WHY OUR POSITION WAS APPEALED. >> OKAY. MS. CALLOWAY. >> ON A POINT OF CLARIFICATION, I BELIEVE THIS COMMISSION HAS DONE SOMETHING SIMILAR WITH CHANGING LEGISLATION DURING PROCESSES WHEN WE FIND THAT OUR LEGISLATION HAS NOT BEEN 100 PERCENT IN LINE WITH WHAT THE STANDING INTERPRETATION HAS BEEN, SUCH AS LEGISLATIVE. FIRST IS QUASI-JUDICIAL. THIS IS IN LINE WITH STUFF THAT WE HAVE DONE IN THE PAST, JUST VERY RECENTLY. WE'VE BEEN ABLE TO VOTE ON THE SAME WITHOUT THERE BEING ANY WORRY TO LITIGATION REGARDING OTHER MATTERS THAT MIGHT PERTAIN TO A SIMILAR PART OF IT. >> YES, MADAM MAYOR, AND LOOK WHERE THAT PUT US WE CHANGED THE RULES IN THE MIDDLE OF A LAWSUIT. LOOK WHERE THAT PUT US. >> THAT WE DID NOT PUT US. [OVERLAPPING] >> WE DID NOT WIN THAT LAWSUIT. AS A MATTER OF FACT, [OVERLAPPING] WE CAME BACK TO THE VERY SAME PLACE THAT WE WERE. [OVERLAPPING] >> THE PURPOSE OF CHANGING ADVOCATE.[OVERLAPPING]. I HAVE A POINT OF ORDER MA'AM. >> THERE'S NO POINT OF ORDER. [OVERLAPPING] >> THERE IS A POINT OF ORDER AND YOU NEED TO BE QUIET ABOUT IT. I HAVE A POINT OF ORDER AND THE MAYOR IS TRYING TO RECOGNIZE ME. [OVERLAPPING] YOU'RE NOT GOING TO INTERRUPT ME. >> GENTLEMEN, IT'S NOT THE SAME THING, COMMISSIONER BOLTON? >> [OVERLAPPING] I HAVE A POINT OF ORDER. YOU HAVE NOT BEEN RECOGNIZED AND I'M TRYING TO GET RECOGNIZED BUT YOU KEEP TALKING. >> SORRY. YOU ARE NOT THE VICE MAYOR. SORRY. >> OKAY. >> NEITHER ONE OF YOU IS THE VICE MAYOR. >> MAYOR EARLIER ON-. >> [OVERLAPPING] I ACTUALLY HAVE THE FLOOR. THIS IS NOT FOR DISCUSSION RIGHT NOW. I'M ACTUALLY THE ONE WHO HAS THE FLOOR, [OVERLAPPING] YOU WOULD STOP, COMMISSIONER BOLTON. PLEASE DON'T TELL ME I INTERRUPTED YOUR FIVE-MINUTES. DON'T ADD ANYTHING THAT'S NOT THERE. >> I'M NOT. [OVERLAPPING] >> THERE'S NO JUST SAYING, YOU CAN GO BACK. >> [OVERLAPPING] MAYOR, I HAVE A POINT OF ORDER. >> [OVERLAPPING] AGAIN, HE'S DOING IT. >> THERE'S NO POINT OF ORDER. [OVERLAPPING] DON'T EVEN THINK ABOUT IT. I'M QUITE CAPABLE OF SEEING, I KNOW YOU GUYS. IT'S A COORDINATE, FIVE MINUTES TO MIDNIGHT. ANYWAY, I HAVE THE FLOOR RIGHT NOW. I'M GOING TO CONTINUE. OUR CITY HAS A LEGAL ABILITY TO DO WHAT IT'S DOING AND WHAT WE ARE HERE BEFORE US TODAY IS TO FURTHER DEFINE OR ACTUALLY DEFINE WHICH WAS ALREADY UNDERSTOOD IN OUR ROLES. THAT'S WHAT YOU'RE ASKING US TO DO TODAY? >> THAT'S CORRECT. I THINK THAT'S IMPORTANT FOR THE RECORD TO REFLECT THAT WE'RE NOT CHANGING THE RULES. >> THESE ARE THE RULES WHICH WE'VE ALWAYS HAD THEM BUT THEY'RE JUST BEING WRITTEN FOR DEFINITION PURPOSES BECAUSE IT'LL BE EASIER FOR THOSE PROCESSES THAT YOU'RE GOING THROUGH, CORRECT? >> THAT'S CORRECT. >> THANK YOU. ATTORNEY, DO YOU HAVE SOMETHING YOU HAVE TO SAY? >> NO. >> THANK YOU. COMMISSIONER BOLTON, YOU HAVE TWO MINUTES. >> I WAS IN THE MIDDLE OF MY FINAL. [LAUGHTER] I WOULD LIKE TO DO MY JOB IN THE CITY. I WILL NOT BE FRUSTRATED OUT OF DOING MY JOB. MY RESIDENTS LOOK UP TO ME AND THEY WANT [04:30:05] A REPRESENTATIVE THAT WILL ALWAYS ADVOCATE FOR THEM. >> MAY I HAVE POINT OF ORDER. I DON'T UNDERSTAND HOW IS THAT RELEVANT TO THIS ITEM HERE? I'M NOT FINDING ANY RELEVANCE TO COMMISSIONER BOLT'S COMMENTS. >> COMMISSIONER VILLALOBOS, WELL, I DO AGREE WITH YOU, IT HAS ABSOLUTELY NO RELEVANCE IN THE TOPIC AT HAND. I'M AT THE POINT WHERE HE'S GOT TWO MINUTES. SPEAKER IS TWO MINUTES. LET'S GET IT DONE. LET'S GET A VOTE BECAUSE THERE IS ANOTHER ITEM THAT IS ACTUALLY IMPORTANT AS WELL THAT NEEDS TO BE DISCUSSED. IF YOU CAN DO A LITTLE LESS PONTIFICATING COMMISSIONER BOLTON, IT WOULD BE APPRECIATED. IF WE COULD TALK ABOUT THE ACTUAL ITEM WHICH ACCORDING TO OUR RULES, STATE WE'RE TO TALK ABOUT THE ITEMS BEFORE US, NOT NECESSARILY ABOUT OURSELVES. PLEASE PROCEED. >> I'M PROCEEDING. THAT IS THE ISSUE MAYOR. IT'S LIKE WE WANT THE CORN CIVILITY ON THE COMMISSION. BUT WHEN SOMEBODY SPEAKS, ANOTHER PERSON SPEAKS OVER THEM. POINT OF ORDER, AND WE'RE JUST NOT GETTING ANYWHERE. LIKE THEN YOU MAKE THESE LITTLE COMMENTS AND IT'S JUST NOT PROFESSIONAL. >> CITY ATTORNEY. >> I'M JUST OVER THE COMMENTARY. >> CITY ATTORNEY. >> IT IS A NARRATIVE. >> EXCUSE ME, ARE THE RULES OF PROCEDURE. DO SAY THAT WE'RE SUPPOSED TO KEEP THE COMMENTS THE AGENDA ITEM. WE ALSO HAVE THE RULE THAT SAYS THAT WE'RE NOT SUPPOSED TO, OR THE COMMISSIONERS AREN'T SUPPOSED TO MAKE TO SUPPORT DISPARAGING OR NEGATIVE COMMENTS AGAINST EACH OTHER. I UNDERSTAND WHAT'S TAKING PLACE. I JUST THINK THAT WE'RE ALL BETTER SERVED BY JUST FOCUSING ON THIS ITEM AND GETTING THROUGH IT. KEEP THE COMMENTS TO THE ITEM ON BEFORE YOU. >> COMMISSIONER BOLTON, YOU HAVE REST OF YOUR TIME REGARDING THIS ITEM. >> ABSOLUTELY. THANK YOU FOR NOT ABRIDGING MY RIGHT. THIS ITEM IS ABOUT POLICY. MAYOR, I WILL NOT BE FRUSTRATED OUT OF VOTING FOR POLICY ON BEHALF OF MY RESIDENTS. WHETHER SOMEBODY WANTS TO SPEAK OVER ME, POINT OF ORDER, DECORUM, CIVILITY, WHATEVER THEY WANT TO DO. I WILL CONTINUE TO FIGHT FOR MY RESIDENTS BEYOND 2024. THANK YOU. >> ALL RIGHTY THEN. SEEING THAT THERE'S NO ONE ELSE WANTS TO SPEAK ABOUT THIS ACTUAL MATTER. >> I HAD MY LIGHT UP. >> NO YOU DIDN'T. YOU JUST [OVERLAPPING]. >> I WROTE DOWN A QUESTION THAT I WANT TO ASK. >> I WANT YOU TO WROTE BUT DON'T EVEN TRY IT. >> NO. >> BECAUSE WE ALL SAW PUT YOUR PHONE DOWN TO HIT THE LIGHT, BUT GO AHEAD COMMISSIONER. >> NO, I HAVE MY LIGHT UP. >> GO AHEAD. >> YOU MUST HAVE CLEARED IT. >> OH, NO, GOD BLESS. >> CALLOWAY, HOW MANY ADULT ENTERTAINMENT VENUES DO WE HAVE IN THE CITY OF TAMARAC? >> CURRENTLY, WE HAVE ZERO. >> IF THIS PASSES, HOW MANY ADULT ENTERTAINMENT VENUES WILL WE HAVE IN TAMARAC? >> WE HAVE NO PENDING APPLICATIONS. >> HOW MANY MASSAGE PARLORS DO WE HAVE IN TAMARAC? >> I WOULD BE GUESSING. I HAVE TO GET YOU THAT INFORMATION. >> ESTIMATE, 6, 8, 12. >> SOMEWHERE BETWEEN SIX. >> TWELVE. >> MAYBE NOT THAT MANY. >> CAN YOU GO BACK, MR. IT JAMES, MR. TWIGGER, A COUPLE OF SLIDES. I SAW SOMETHING ABOUT RUBBING, BODY RUB OR SOMETHING LIKE THAT. FROM THE FIRST TWO. THIS ONE. WAS THERE A PAGE BEFORE THIS WITH DEFINITIONS. >> YOUR MASSAGE PARLORS IS NOT A PART OF THIS OCCASION. >> I KNOW, BUT I BELIEVE CERTAIN ACTIVITIES HAPPEN IN THE MASSAGE PARLORS. GO AHEAD. >> IF THAT'S THE CASE, THAT WOULD BE A VIOLATION OF THEIR BUSINESS TAX RECEIPT AND THE SPECIAL EXCEPTION. >> HOW OFTEN DO WE EVALUATE [04:35:02] THESE ESTABLISHMENTS TO DETERMINE WHETHER OR NOT THERE TRULY MASSAGE PARLORS? >> THE NEW CODE WE ADOPTED IN 2018 SAYS THAT THEY HAVE TO RE CERTIFY WITH US ANNUALLY. EVERY YEAR THEY HAVE TO CERTIFY WHAT IT IS THAT THEY'RE DOING. IF WE GET A TIP OR SOMEONE TELLS US THAT SOMETHING IS GOING ON, NORMALLY WE ASKED VSO TO GO IN AND WE HAVE DONE SOME UNDERCOVER OPERATION BEFORE, WHERE WE'VE HAD VSO GOING AND TO DETERMINE WHETHER OR NOT BEING CONDUCTED IS INAPPROPRIATE OR INCONSISTENT WITH THEIR LICENSE. >> HOLD THAT FOR THREE SECONDS. WHY YOU'RE ERASING WHERE IT SAYS ANY BODY RUB OR BATHHOUSE ESTABLISHMENT, IN THE CURRENT PAGE THAT YOU SEE ON SCREEN. NUMBER 7 RECREATION ENTERTAINMENT. THEN WE'RE REMOVING ADULT ENTERTAINMENT, ANYBODY RUB OR BATHHOUSE ESTABLISHMENT ADULT BOOKS FOR ETC. WHY ARE YOU REMOVING THAT? BECAUSE I DON'T SEE THAT BODY RUB IN THE BOTTOM PORTION. >> YOU DO. WE WENT AHEAD AND JUST MADE THIS DEFINITION COMPREHENSIVE. THEN AS OPPOSED TO SPELLING IT OUT HERE WE HAVE THE USERS SEE SECTION 10-6.3. JAMES CAN GO TO THE NEXT SLIDE. THEN THAT'S WHEN WE ENUMERATE EACH WITH THEIR OWN DEFINITION. THE FIRST ONE IS ADULT, BATHHOUSE, AND THAT'S A DEFINITION. WHAT'S CONSISTENT WITH ALL DEFINITIONS IS THAT EMPHASIS ON DEPICTING, DESCRIBING, OR RELATING TO SPECIFIC ANATOMICAL AREAS, SEXUAL CONDUCT OR SEXUAL EXCITEMENT. >> MS. MARY I LEARNED THIS THE HARD WAY. THE REASON WHY ALSO IT'S THERE IS THAT THERE'S A SPECIFIC CROSS-REFERENCE. THE WAY THAT OUR CODE IS SET UP PARTICULARLY ONLINE IS THE TABLE OF USES IS CROSS-REFERENCE TO SECTION 10-6.3, THE ONE THAT YOU'RE SEEING THERE, AS OPPOSED TO THE ONE ON THE PREVIOUS PAGE WHICH IS SECTION 10-6.2. IT'S JUST THE WAY THAT THE CODE IS SET UP AND IT'S CODIFIED ONLINE. >> YEAH. THAT WAS DELIBERATE. WE WANTED TO MAKE SURE DEFINITIONS WERE CONTAINED IN ONE AREA, NO MATTER WHAT AREA OF THE CODED DEFINITION WAS RELATED TO. IT'S ALL CONTAINED IN 10-6.3. THIS IS WHERE YOU GO TO SEE THE DEFINITION FOR EVERY USE THAT MIGHT BE IN YOUR ALLOWED USES CHART. IT'S BY ALPHABETICAL ORDER. WE DID SOME REARRANGEMENT. WHAT WE DID ON THE PREVIOUS SLIDE, INSTEAD OF JUST NAMING THEM OUT HERE, WE JUST WENT AHEAD AND PUT IN A COMPREHENSIVE INTRODUCTORY PROVISION ON ADULT ENTERTAINMENT. THEN WE SEE C10-6.3, WHICH THEN HAS EACH INDIVIDUAL SUB USE DESCRIBED. >> OKAY. >> I'M SORRY, FOR PURPOSES OF COMPLIANCE WITH THE CASE LAW OUT THERE, WE'RE NOT SAYING THAT ANY OF THESE ARE NECESSARILY PROHIBITED. WE'RE JUST DEFINING THEM AND SPECIFYING THE PROCESS THAT THEY HAVE TO GO THROUGH IN ORDER TO BE ABLE TO OPERATE WITHIN THE CITY. IT'S NOT THAT WE'VE CREATED THESE DEFINITIONS AND SOMEWHERE ELSE WE'VE SAID, AND NONE OF THESE ARE ALLOWED. IT'S ACTUALLY THE OPPOSITE. AS LONG AS YOU FOLLOW THE PROCESS, COME BEFORE THIS BOARD FOR APPROVAL BECAUSE ALL OF THEM ARE LISTED AS SPECIAL EXCEPTIONS. IT'S THEORETICAL THAT THEY CAN TAKE PLACE. >> THESE ARE ALLOWED. >> YES, THERE ARE SPECIAL EXCEPTION USING YOUR MIXED-USE COMMERCIAL ZONING DISTRICT. >> RIGHT NOW IT'S JUST NOT SPECIAL EXCEPTION, OR IT'S SPECIAL EXCEPTION? >> IT IS SPECIAL EXCEPTION. THE ONLY THING WE'RE DOING IS JUST MAKING IT MORE DEFINITIVE. WE WANT TO MAKE SURE WE REMOVE ANY AMBIGUITY. WE ARE JUST, AND THE PREVIOUS SLIDE, WE HAVE 13 OF THE SUB USES. ONLY FOUR WERE DEFINED. I'M NOT SURE WHY WE WANT TO GO BACK AND JUST DEFINE ALL THE OTHERS JUST TO MAKE SURE WE HAVE A CONCISE CODE. >> WHAT SPURRED OR MOTIVATED THE CITY TO CLEAN UP THE LANGUAGE? >> CITY ATTORNEY, IS THIS A QUESTION THAT SHOULD BE ANSWERED AT THIS TIME? >> I WOULD ACTUALLY JUST SIMPLY SAY DURING THE NORMAL COURSE OF BUSINESS. >> ABSOLUTELY. THAT'S WHAT HAPPENS WHEN YOU ADOPT A COMPREHENSIVE CODE REWRITE LIKE WE DID IN 2008, DURING THE NORMAL COURSE OF BUSINESS WHEN YOU'RE ADMINISTERING AND IMPLEMENTED THAT CODE, THAT OFTENTIMES YOU SEE THAT IT NEEDS SOME IMPROVEMENT. IF THE PROJECT WAS JUST SUCH A HUGE PROJECT THAT THIS IS CONSISTENT WITH WHAT HAPPENS AND IT'S NOT THE FIRST TIME WE HAVE COME BEFORE YOU JUST CLEANING UP WHEN WE WERE TRYING TO IMPLEMENT OR ADMINISTER AND COME ACROSS SOMETHING. >> DURING THE NORMAL COURSE OF BUSINESS, AN APPLICANT CAME BEFORE US, AND THEN THIS CAME UP IN THE MIDDLE OF A LAWSUIT GOING ON. [04:40:06] CITY ATTORNEY, HOW MANY CASES DO DIFFERENT ENTITIES HAVE AGAINST THE CITY OF TAMARAC APPROXIMATELY? >> I'M ASSUMING THAT THE QUESTION IS RELATED TO EXCLUDING FORECLOSURES AND EXCLUDING PERSONAL INJURY CLAIMS THAT ARE BEING HANDLED BY THE LEGAL CITIES. CURRENTLY THE CITY HAS I THINK SOMEWHERE BETWEEN FIVE AND 10. I DON'T KNOW THE EXACT NUMBER OFF THE TOP OF MY HEAD, SPANNING A VARIETY OF DIFFERENT ISSUES. >> I SHARE THE SAME CONCERN WITH COMMISSIONER BOLTON. THERE WAS A VENDOR HERE EARLIER TODAY THAT SPOKE ABOUT THIS ITEM AND HOW IT MAY RELATE TO THEIR BUSINESS AND IT APPEARS THAT THIS UPDATE COULD BE VIEWED AS TARGETING THEIR BUSINESS. MAYBE IT DOESN'T BECAUSE MS. CALLOWAY SAID WE DON'T HAVE ADULT ENTERTAINMENT IN THE CITY OF TAMARAC. NO CURRENT OR PENDING APPLICATION AND NO EXISTING BUSINESS. BUT I DO HAVE A CONCERN ABOUT THE TIMING OF THIS. I THINK IT'S GOOD FOR US TO UPDATE OUR CODE AND ADD DURING THE NORMAL COURSE OF BUSINESS, WE LEARN CERTAIN THINGS AND HAVE TO UPDATE. BUT BECAUSE WE HAVE A PENDING LAWSUIT, THIS GIVES ME SOME PAUSE BECAUSE I DON'T WANT US TO LOSE A LAWSUIT. >> THAT PENDING LAWSUIT WILL PROCEED IN INDEPENDENT OF THIS CODE CHANGE, I WOULD NOT BE DOING MY JOB IF I DID NOT AT THIS POINT IN TIME, REMIND ALL THE COMMISSIONERS THAT NO ONE, NO BUSINESS, NO PROPERTY OWNER, NO INDIVIDUAL IN THE CITY UNDER FLORIDA LAW, AS IT'S BEEN INTERPRETED BY THE FLORIDA SUPREME COURT ALL THE WAY THROUGH ALL OF OUR APPELLATE COURTS AND OUR TRIAL COURTS ARE ENTITLED TO THE CONTINUATION OF A PARTICULAR ZONING CLASSIFICATION, A PARTICULAR USE CLASSIFICATION. THAT'S ONE OF THE CORE ISSUES AND ABILITIES THAT LOCAL GOVERNMENTS HAVE, WHICH IS TO REZONE, MODIFY THEIR CODE REGULATIONS. THAT'S THE APEX OF YOUR LEGISLATIVE ABILITIES WHETHER THERE'S LITIGATION OR NOT. IT JUST DOESN'T MEAN THAT WE CAN'T CHANGE OUR CODE AS WE MOVE FORWARD TO IMPROVE THINGS AND UNDER THE LAW, THERE'S NOT THAT ENTITLEMENT TO CONTINUE UNDER THE OLD CLASSIFICATIONS. >> IN GENERAL, YOU'RE SAYING THE CITY COMMISSION, WHETHER THIS COMMISSION OR OTHER COMMISSIONS, WE HAVE THE RIGHT TO REZONE, WHICH MAY CAUSE OUR BUSINESSES TO SHUT DOWN AND THE LAW IS ON OUR SIDE IF WE DO THAT. >> AS A GENERAL RULE, YES. BUSINESSES AND USERS THAT WERE ESTABLISHED PRIOR TO THE ADOPTION OF THE REGULATIONS ARE DEEMED TO BE LEGAL NONCONFORMING USES IN WHICH WE HAVE CODE PROVISIONS THAT DEAL WITH THAT. BUT NO PROPERTY, ACCORDING TO THE FLORIDA SUPREME COURT, IS ENTITLED TO A PARTICULAR ZONING CLASSIFICATION IN PERPETUITY. LOCAL GOVERNMENTS THAT'S THE QUINTESSENTIAL EXERCISE OF YOUR LEGISLATIVE AUTHORITY IS TO CHANGE YOUR CODE AS YOU SEE FIT. NOW THERE ARE EXCEPTIONS. DON'T GET ME WRONG. BUT THE GENERAL RULE IS THIS IS WHAT YOU'RE HERE TO DO. >> THANK YOU. >> COMMISSIONER VILLALOBOS. >> I JUST HAD SIMILAR RESPONSE TO STEADY OF CHARITY. I THINK IT'S INCORRECT FOR THIS COMMISSION TO SAY THAT WE'RE TARGETING, THAT STAFF IS TARGETING. I THINK LIKE ANYTHING ELSE, WHEN A PROBLEM COMES UP, WHEN AN ISSUE COMES UP, WHEN ANYTHING COMES UP, WE MAKE DECISIONS AND WE MAKE CHANGES. TO SAY THAT WE'RE TARGETING, I THINK IT'S REALLY INAPPROPRIATE. LIKE THE CITY ATTORNEY SAID, WE'RE UPDATING AS WE GO. JUST LIKE ANYTHING ELSE, JUST LIFE. >> SEEING NO OTHER COMMENTS, CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU. MADAM MAYOR. MAYOR GOMEZ. >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> COMMISSIONER BOLTON? >> YES. >> COMMISSIONER PLACKO? >> YES. >> VICE MCLAREN. >> NO. >> MOTION PASS 4:1. THANK YOU. [04:45:02] >> THANK YOU. NOW, I AM WELL AWARE THAT MY ITEM, [10.a Tools to Address Affordable Housing Crisis: 1)Amend LHAP (Local Housing Assistance Plan)to include rental strategy to address Affordable Housing Crisis. 2)Create a program to use funds to assist those households whose rental increase exceeds five(5%) percent from the start of COVID-19 3)Affirm or add if necessary the ability to use funds provided by City to pay for Condo Association assessments and fees as necessary. Requested by Mayor Michelle J. Gomez] WHICH I DO THINK IS IMPORTANT, IS THE LAST ONE, KEEPING US ALL HERE AT 10 AFTER MIDNIGHT. THAT BEING SAID, I WILL MAKE THIS VERY QUICK. AS WE ALL KNOW, WE EVEN HEARD OF RESIDENTS SAY TODAY THAT WE HAVE A SLIGHT OR MAYBE A LARGE, AFFORDABLE HOUSING CRISIS GOING ON BEFORE US. WE HAVE STATE STATUTES THAT HAVE MADE IT WHERE INSURANCE HAS SKYROCKETED IN GENERAL. WE'VE MADE IT WHERE INSURANCE IS HAVING THE RIGHT TO SAY THAT A ROOF THAT WAS REALLY ONLY 10 YEARS OLD NOW NEEDS TO BE REPLACED. THAT IN ORDER TO GET THE INSURANCE, YOU NEED TO REPLACE THE ROOF, YOU NEED TO FIX THE PLUMBING, YOU NEED TO FIX THIS, FIX THAT. NOW, ALSO FOR CONDOMINIUMS, YOU NEED TO HAVE 100 PERCENT RESERVES. IT'S CAUSING SOME OF OUR HOMEOWNERS QUITE A BIT OF DISTRESS, ASSESSMENTS ARE GOING UP. THEN IF YOU DON'T OWN THE PROPERTY, IF YOU'RE A RENTER, EVEN YOUR RENT IS GOING UP. THEREFORE, WE ALL KNOW THAT MOST OF THE TIME, PEOPLE WITH RENTAL PROPERTIES PASS ON THE INCREASES TO THEIR TENANTS TO MAKE SURE THAT THEY'RE AT A 00 GAME, SOME CERTAIN IF POSSIBLE. WITH ALL THAT, I DO SERVE AS THE CHAIR OF THE AFFORDABLE HOUSING COMMITTEE OF BROWARD COUNTY. I HAPPEN TO HAVE BEEN INVOLVED WITH A LOT OF AFFORDABLE HOUSING ITEMS SINCE PRIOR TO BEING HONEST COMMISSION AND IT IS SOMETHING THAT IS NEAR AND DEAR TO MY HEART TO MAKE SURE THAT WE DO WHAT WE CAN TO HELP OUR RESIDENTS. WE ARE A COMMISSION THAT IS USUALLY VERY MUCH IN LINE TO HELP OUR RESIDENTS. WHAT I'M ASKING FOR TODAY IS FOR THE ABILITY TO ASK OUR STAFF TO GO FORWARD TO REVIEW AND AMEND OUR LOCAL HOUSING ASSISTANCE PLAN OR L HAVE TO INCLUDE A RENTAL STRATEGY TO ADDRESS OUR AFFORDABLE HOUSING CRISIS, SOMETHING SIMILAR TO WHICH WE HAVE FOR FIRST-TIME HOME BUYERS. BUT ALLOW A PROGRAM THAT WOULD ALLOW FIRST-LAST AND SECURITY FOR PEOPLE WHO ARE RENTING BECAUSE THEY MAY HAVE THE ABILITY TO FIND A PLACE TO RENT, BUT THEY DON'T HAVE THE DEPOSIT TO PUT DOWN ON IT. ALSO TO LOOK INTO INCLUSIONARY ZONING ORDINANCE THAT WOULD HELP OUR ESSENTIAL SERVICES PERSONNEL WHEN WE HAVE NEW DEVELOPMENT FOR OUR RESIDENTIAL BUILDING. I'D ALSO LIKE THERE TO BE A REVIEW OF CREATING A PROGRAM TO USE APPLICABLE FUNDS TO ASSIST THOSE HOUSEHOLDS WHOSE RENTAL INCREASES HAVE EXCEEDED FIVE PERCENT SINCE THE START OF COVID. ALSO TO FIGURE OUT A NOBILITY, IF ANY, TO LEGALLY USE FUNDS WHETHER IT'D BE PROVIDED BY THE CITY, IOHA OR SHIP OR CV FUNDS OR WHATEVER PROGRAM OUT THERE, BUT ONE THAT WE MIGHT HAVE TO CREATE ON OUR OWN TO ASSIST OUR RESIDENTS, WHETHER THEY ARE RENTING OR WHETHER THEY OWN THE CONDOS TO DEAL WITH THE SIGNIFICANT INCREASES IN THOSE ASSESSMENTS THAT ARE COMING FORWARD. THERE ARE SOME PEOPLE THAT ARE STILL HERE IN THE AUDIENCE AND SOME PEOPLE WHO MAY STILL BE WATCHING OR WATCH LATER ON. I HAVE BEEN GOING THROUGH SEVERAL PLACES TALKING TO VARIOUS CONDOMINIUMS, BOARDS AND THEIR PROPERTY MANAGERS, AND HAVING THEM REACH OUT TO THEIR ATTORNEYS AND THEIR ACCOUNTANTS TO FIGURE OUT A WAY TO DEAL WITH THE POTENTIAL EVEN LARGER HOUSING CRISIS WE'RE GOING TO HAVE. I HAVE ALREADY SPOKEN WITH SEVERAL LEGISLATORS IN OUR STATE TO SEE WHAT CAN BE DONE BECAUSE THE RULES THAT WERE PUT INTO PLACE TO MAKE US GO FROM ZERO FUND FULLY, OUR RESERVES TO 100 PERCENT, COULD POTENTIALLY CAUSE A GREATER RESIDENTIAL HOUSING CRISIS IN THE LONG RUN. AT THE TIME WHEN WE HAVE CERTAIN THINGS READILY FINALIZED I'LL BRING BACK THE LETTER THAT TO PROPOSE TO THE STATE LEGISLATURE ON BEHALF OF THE CITY. BUT AGAIN, KEEPING THIS VERY BRIEF AND NOT HAVING TO DO ANYTHING FURTHER, I BELIEVE I'VE PUT SIGNIFICANT AMOUNT OF INFORMATION IN THE BACK OF CERTAIN THINGS TO ASK THE CITY STAFF TO LOOK INTO FURTHER. I WOULD LIKE CONSENSUS FOR THE CITY STAFF TO COME BACK TO US AT A FUTURE DATE WITH A PLAN THAT WOULD HOPEFULLY HELP ADDRESS THESE ITEMS MENTIONED. DO I HAVE CONSENSUS? COMMISSIONER VILLALOBOS HAS GIVEN ME A THUMBS UP. VICE MAYOR. >> I'M TRYING TO GET SOME UNDERSTANDING OF WHAT THE ASK IS. FOR EXAMPLE, WHEN I LOOK AT BOLTON ITEM NUMBER 2 CREATE A PROGRAM, USE FUNDS TO ASSIST THOSE HOUSEHOLDS WHOSE RENTAL INCREASE EXCEEDS FIVE PERCENT FROM THE START OF COVID-19. THE GENTLEMAN WHO SPOKE EARLIER THIS EVENING SAID HIS RENT WENT UP BY 31.5 PERCENT OVER THAT TIME PERIOD. 5.21 PERCENT ONE YEAR EIGHT PERCENT ANOTHER YEAR, [04:50:01] AND 11.5 PERCENT THE THIRD YEAR. YOU'RE SAYING THE CITY SHOULD PICK UP THAT COST? >> VICE MAYOR, WHAT I'M SAYING IS I'M ASKING FOR THE CITY TO REVIEW PROGRAM TO SEE WHAT CAN POSSIBLY BE DONE FOR THE DIFFERENTIAL FOR PEOPLE WHO ARE IN HARDSHIP SIMILAR TO WHAT WE DID FOR OUR RESIDENTS WHO WERE HAVING TROUBLE MAKING THEIR MORTGAGES. I'M ASKING FOR IT TO BE LOOKED INTO FOR WHAT KIND OF PROGRAM COULD POSSIBLY BE DONE TO HELP THOSE PEOPLE IN CONDOS, OR RENTERS WHO ARE HAVING TROUBLE AS WELL. IT IS AN OVERALL ASK FOR OUR VERY QUALIFIED AND CAPABLE STAFF TO COME BACK TO US WITH A PROGRAM THAT WILL HOPEFULLY HELP FOR ALL THREE ITEMS, ACTUALLY FOUR ITEMS. >> OBVIOUSLY I SUPPORT DOING WHATEVER WE CAN TO HELP PEOPLE WHO ARE STRUGGLING THE FUNDS THAT WE USE TO HELP WITH THE MORTGAGE ASSISTANCE. THOSE ARE FEDERAL DOLLARS THAT CAME FROM COVID-19, NOT FROM LOCAL CITY GOVERNMENT. I'M DOING SOME KIND OF STUDY, BUT I'M TRYING TO FIGURE OUT WHAT THE RESULT OF THAT STUDY IS. I THINK YOU PUT SOME GREAT MATERIAL IN THE BACKUP AND I DID REVIEW THE MATERIAL. ONE OF THE THINGS THEY TALKED ABOUT AND I CALL MAXINE ON IT, BUT WE DIDN'T GET A CHANCE TO TALK ABOUT IT WAS BASICALLY REMOVING LOCAL GOVERNMENT POWERS AND ALLOWING A DEVELOPER OR ALLOWING THE CITY TO DESIGNATE LAND THAT WE ALREADY OWN AND SAY, IF YOU PLAN ON DEVELOPING AFFORDABLE HOUSING ON THIS LAND THAT WE OWN, THEN YOU DON'T NEED TO GO TO THE COMMISSION FOR THAT OR THE LOCAL GOVERNMENT AGENCY. I SUPPORT DEVELOPING MORE AFFORDABLE HOUSING. BUT I DON'T SUPPORT GOING AROUND OR NOT COMING BEFORE THE COMMISSION. I DID HAVE A PROBLEM WITH THAT. >> VICE MAYOR. I'M NOT ASKING FOR A DECISION ON WHAT WAS PUT ON THE BACKUP THAT WAS APPROVED BY ST. PETE. WHAT I GAVE IN THE BACKUP THAT WAS APPROVED BY SAINT PETE IDEAS OF WHAT ST. PETE DID. WHAT I'M ASKING IS BASED ON WHAT HAS BEEN PROVIDED IS FOR THE CITY STAFF WHO'S VERY CAPABLE TO COME BACK WITH SOMETHING THAT WORKS FOR OUR CITY TO THEN COME BACK FOR FURTHER DISCUSSION AND A WORKSHOP ON WHAT WOULD BE SUITABLE FOR OUR CITY. THAT PART IS FOR ADDRESSING OUR AFFORDABLE HOUSING CRISIS, WHICH WOULD INCLUDE INCLUSIONARY ZONING, WHICH DOES NOT HAVE TO BE THE CITY'S LAND. IT COULD BE SOMETHING SEPARATE AS IF THIS DEVELOPER IS GIVEN 200 UNITS, OUT OF THAT 200 UNITS, 10 PERCENT OF THOSE UNITS HAVE TO BE CONSIDERED FOR AFFORDABLE HOUSING WITHIN IT AND THEREFORE, A BASIS THAT IS NONDISCRIMINATORY BUT SERVES TO ASSIST PEOPLE WHO NEED ASSISTANCE. >> YEAH, I DO SUPPORT THAT. I HAVE A QUESTION FOR MS. CALLOWAY. I'LL ASK THE QUESTION WHILE YOU'RE WAITING TILL THE DAY IS, WE HAVE TAMARAC VILLAGE, WE HAVE ETON-WEST ON MCNABB AND PINE ISLAND. THEN I THINK IN BOLTON COMMISSIONER BOLTON DISTRICT, WE HAVE BALL SQUARE. WHAT IS IT? >> COMMENTARY. >> I STILL DIDN'T HEAR. >> BALL SQUARE. >> BALL SQUARE. TAMARAC VILLAGE HAS WHAT, 300 UNITS. ETON-WEST HAS 400 THEN BALL SQUARE? >> TAMARAC VILLAGE HAS 400 UNITS, ETON-WEST HAS 200 UNITS AND BALL SQUARE HAS 120. >> WAS ANY PERCENTAGE SET ASIDE FOR AFFORDABLE HOUSING? >> THEY'RE ALL MARKET RATE AND YOU DO NOT HAVE AN INCLUSIONARY ZONING ORDINANCE, WHICH IS ONE OF THE ACTS THAT THE MIRRORS PUT FORWARD. THAT TYPE OF LEGISLATION WILL GIVE US THE OPPORTUNITY TO ASK THE DEVELOPER TO SET ASIDE A CERTAIN PERCENTAGE DEPENDING ON WHAT'S IN THAT LEGISLATION WHEN WE BRING IT BACK. TEN PERCENT OR A NUMBER OF UNITS DEPENDENT ON A RATIO WOULD HAVE TO BE SET ASIDE FOR AFFORDABLE HOUSING. >> WE COULD NOT DO THAT. WE CAN'T DO THAT. BECAUSE I KNOW A LOT OF OTHER CITIES, THEY DO SAY A DEVELOPER MUST HAVE 25 PERCENT FOR AFFORDABLE HOUSING. THAT'S NOT IN OUR LAW TO DO THAT? >> NO, WE DON'T. WE HAVE AN AFFORDABLE HOUSING FEE THAT THEY PAY ABOUT A THOUSAND PER UNIT, WHICH IS WHAT WE USE FOR DOWN PAYMENT ASSISTANCE PROGRAM. THE INCLUSIONARY ORDINANCE WOULD DO THE UNITS IN LIEU OF PAYING THAT FEE, SO THAT TYPE OF ARRANGEMENT. >> ANOTHER QUESTION I HAD. NO, I HAVE ANOTHER QUESTION. I SUPPORT IT. I'VE CALLED OUR PARKS AND RECREATION DIRECTOR. [04:55:06] THERE WAS A LADY IN MY DEVELOPMENT WHO WAS GETTING EVICTED AND SHE WAS SLEEPING OUT THERE IN THE RAIN WHILE GETTING EVICTED. I TRIED TO GET HER SOME HELP. I MET A SENIOR AT TAMARAC COMMUNITY CENTER WHO SAYS SHE WAS BEING EVICTED BECAUSE SHE COULDN'T AFFORD A 20 DOLLAR RENT INCREASE. WE DO HAVE A SERIOUS AFFORDABLE HOUSING CRISIS HERE AND ANYTHING WE CAN DO, I WOULD SUPPORT AND I WANT TO COMMEND THE MAYOR FOR BRINGING SUCH A VALUABLE, IMPORTANT MEASURE TO THE CITY TO GET CONSENSUS ON. I FULLY SUPPORT IT. >> THANK YOU, COMMISSIONER PLACKO. >> THANK YOU. I CERTAINLY SUPPORT THIS. I'M HOPING THAT WHEN WE FIND PEOPLE WHO ARE IN NEED LIKE THIS, THAT EVERYONE KNOWS THAT THERE ARE COUNTY ORGANIZATIONS THAT CAN HELP THEM WITH DOWN PAYMENT AND THINGS LIKE THAT. I HOPE WE'RE PASSING THAT INFORMATION ALONG, WHETHER IT BE SOMEONE WHO COMES TO THE CITY AND WE'RE NOT IN A POSITION TO DO ANYTHING OR ANY OF THAT BECAUSE THERE ARE OTHER THINGS AVAILABLE TO THEM, BUT I DEFINITELY SUPPORT THIS. >> THANK YOU. PLEASE KNOW THAT BOTH ALIEN AND KIARA ARE VERY WELL VERSED TO MAKING SURE THAT OUR RESIDENTS ARE AWARE OF THE SOCIAL SERVICES PROGRAMS THAT WE OFFER. ADRC OFFERS THE COUNTY. WE HAVE A LONG LIST OF WHERE PEOPLE ARE TRYING TO HELP. THE PROBLEM IS, AS WITH ANYTHING, MONEY IS FINITE. THE PROBLEM IS UNFORTUNATELY GROWING. WE NEED TO FIGURE OUT UNTIL WE CAN FIX THE PROBLEM WHICH WILL BE LEGISLATIVE AND TAKE A WHILE BECAUSE THE LEGISLATOR DOESN'T COME DOESN'T COME BACK IN SESSION UNTIL MARCH. WE NEED TO TRY TO DO WHAT WE CAN DO FOUR THINGS NOW. COMMISSIONER BOLTON. >> MAYOR, THANK YOU. MS. CALLOWAY, HOW WOULD THE INCLUSIONARY ORDINANCE VERSUS THE IMPACT FEES BUT THE 1000 DOLLAR FEES IN YOUR ESTIMATION, HOW WOULD THAT BE BETTER? >> WELL, AS IT IS NOW, THE FEE THAT WAS PAID BY, FOR EXAMPLE, BALL SQUARE WAS $1,000 PER UNIT AND CLEARLY THAT'S NOT ENOUGH FOR AN AFFORDABLE UNIT IN AND OF ITSELF. HAVING A PROGRAM WHERE A DEVELOPER IS GIVING YOU A FULL UNIT THAT MIGHT CAUSE ANYWHERE OVER A $100,000 JUST THE CONSTRUCTION OF THAT UNIT. IT'S A BETTER BENEFIT, I GUESS, TO THE CITY AND OUR RESIDENTS THAN A $1,000 PER UNIT TYPE OF CONTRIBUTION. >> FOR INSTANCE, BAILEY SQUARE IS AND WHAT IT WAS TRYING TO SAY TO VICE MAYOR GELIN IS THAT THE NAME OF THE DEVELOPMENT IS NO LONGER BILL IS GREAT, WAS SOLD TO ANOTHER DEVELOPER.. THE NEW NAME IS LEGACY OF TAMARAC. WITH THAT PROJECTS, IT'S RENTAL SO THEY WOULD HAVE TO FIX THEIR RENTAL RATE AT A CERTAIN VALUE FOR A CERTAIN AMOUNT OF UNITS. >> YEAH, SO WE CAN'T REACH THAT PROJECT AT THIS TIME. BUT IF WE WERE [OVERLAPPING] AN EXAMPLE, IF WE WERE TO ADOPT INCLUSIONARY ZONING ORDINANCE, YES. IF DEPENDING ON WHAT THIS BODY DOES AS IT RELATES TO THE POLICY, HOW WE STRUCTURE THAT PROGRAM, IF WE SAY 10 PERCENT OR 10 UNITS, IF IT'S 200 UNITS SO THOSE 10 UNITS WOULD HAVE TO BE AFFORDABLE BASED ON OR WE COULD USE A HUD STANDARD OR WHAT'S CONSIDERED AFFORDABLE. BUT YES, THEY WOULD HAVE TO SET THE RATE FOR THOSE 10 UNITS TO BE AFFORDABLE. >> AFFORDABLE. STILL BASED ON MARKET RATE DOOR OR BASED ON HARD OR INCOME? >> YES. BECAUSE ALL THOSE UNITS ARE MARKET RATE AND THAT'S WHAT'S MAKING IT UNAFFORDABLE. YOU HAVE A THREE-BEDROOM FOR ANYWHERE OVER $3,000 RENTAL, A TWO-BEDROOM 2,700. IT'S VERY HIGH. THOSE UNITS WOULD HAVE TO BE STRUCTURED TO BE LOWER. THEY WOULD HAVE TO HAVE A REPORTING MECHANISM. IT'S A VERY COMPREHENSIVE DEVELOP TYPE OF LEGISLATION WHERE THEY WOULD HAVE TO REPORT TO US. WE'D NEED TO KNOW WHAT THE UNIT RATE IS. THERE WOULD HAVE TO LET US KNOW WHO IS OCCUPYING THE UNIT. IT'S THAT TYPE OF LEGISLATION THAT'S REALLY IN DEPTH. >> WHAT IS OUR UNIT COUNT LEFT? >> LEFT WHERE? >> I KNOW I MAY BE SAYING IT WRONG, BUT IT'S AFTER 12:00 MY BRAIN IS NOT WORKING. [05:00:01] >> ONCE WE BRING THE LEGISLATION FORWARD, WHAT I IMAGINE IS ANY MULTIFAMILY PROJECT, YOU CAN SET IT OVER DEPENDING ON WHAT THIS BODY WANTS TO DO. WE MIGHT RECOMMEND OVER 20 UNITS, OVER 30. >> THE COUNTY GIVES US AN ALLOTMENT. >> BONUS DENSITY. HOW MUCH DENSITY DOES THE CITY HAVE? IS THAT WHAT YOU'RE ASKING? >> RIGHT. HOW MUCH DO WE HAVE LEFT? THERE'S A CERTAIN NUMBER WE HAVE TO USE UP, RIGHT? >> RIGHT. THOSE ARE FLEX UNITS AND THAT'S A DIFFERENT TYPE OF CALCULATION SET. >> WOULD THE FLEX UNITS BE USED? >> WE WOULDN'T NECESSARILY BE USING THAT. WE WOULD USE OUR OWN DENSITY THAT WE HAVE CURRENTLY ON OUR LAND USE MAP. IF A DEVELOPER COMES IN, AND THEY'RE BUILDING IN YOUR MUC, YOU HAVE NOW UP TO 50 DWELLING UNITS PER ACRE BECAUSE WE'LL INCREASE THAT. IF THE PROJECT IS COMING IN AND THEY'RE BUILDING 200 UNITS, IF WE DECIDE TO SAY 10 PERCENT, 15 PERCENT, THEN THAT'S WHAT WOULD HAVE THEM DO. THEY WOULD HAVE TO SET THAT ASIDE FOR AFFORDABLE HOUSING. WE ONLY USE THE FLEX WHICH IS FROM THE COUNTY IF THE DESIGNATION IS NOT CONSISTENT WITH OWN AND USE. TO AVOID A COUNTY AMENDMENT, THEN WE WOULD DISPERSE FLEX, BUT THAT'S NOT IN ALL CASES. >> OKAY. THEN THE MAYOR USED LANGUAGE THAT TALKS ABOUT CONDO ASSOCIATIONS. BECAUSE CONDO IS DIFFERENT FROM HOMEOWNERS ASSOCIATION IN SOME CASES. WHY ARE WE ONLY USING CONDO ASSOCIATION AND NOT SAYING CONDO AND HOMEOWNERS ASSOCIATION? >> THE REASON I HAVE THAT LANGUAGE IN THERE IS BECAUSE HOMEOWNERS ASSOCIATIONS ARE ALREADY BEING GIVEN GRANT FUNDING, AND IT SEEMS THAT CONDO ASSOCIATIONS ARE NOT. SINGLE-FAMILY HOMES SEEMS TO BE GIVEN MORE GRANT FUNDING, SUCH AS WINDOWS AND DOORS, CERTAIN HOME REPAIRS, CERTAIN ALLOTMENTS ON THAT. WHERE CONDOS DO NOT APPEAR TO BE GIVEN THE SAME EQUITABLE DISBURSEMENT OF FUNDS. AT THIS TIME, IT IS CONDO ASSOCIATIONS THAT ARE SUFFERING THROUGH THE INSURANCE RESERVE SITUATION WHERE THE CONDOMINIUMS NOW NEED TO BRING UP THEIR RESERVES BY 2024 TO 100 PERCENT. HOMEOWNERS ASSOCIATIONS DON'T HAVE THAT, BECAUSE EACH SINGLE-FAMILY HOME, TAKES CARE OF THEIR OWN INSURANCE, THEIR OWN ROOF. THERE'S NO COMMON ELEMENTS FOR THEM TO WORRY ABOUT IT. THAT'S WHY THE CONDOS ARE HAVING HIGHER ASSESSMENTS AT THIS TIME. THEY HAVE TO TAKE CARE OF THE ELEVATORS, HAVE TO TAKE CARE OF PLUMBING, THEY HAVE TO TAKE CARE OF PARKING LOT, THEY HAVE TO TAKE CARE OF THEIR PAVING. THERE'S LIGHTING IS A WHOLE LITANY, AND THERE'S A WHOLE BIG SPECTRUM OF REPORTING THAT NEEDS TO BE DONE. THERE NEEDS TO BE DONE BY ENGINEERS, AND THERE'S ACTUALLY NOT ENOUGH ENGINEERS IN THE STATE TO BE ABLE TO GET IT ALL DONE. THEY HAVE CERTAIN ISSUES THAT ARE BEFORE THEM, AND THEN IT'S SUPPLY AND DEMAND. THERE'S ONLY 200 OF US, BUT THERE'S ABOUT 20,000 OF YOUR CONDOS, HOW MUCH MONEY IS IT GOING TO COST TO GET ME TO COME DOWN AND TAKE CARE OF YOUR JOB ON THE CERTAIN PERIOD OF TIME. THERE'S A LOT THAT'S GOING INTO IT. I'M TRYING TO KEEP IT SHORT. I APOLOGIZE. BUT THAT'S THE REASON FOR CONDO ASSOCIATIONS VERSUS HOMEOWNER ASSOCIATIONS FOR THIS ASK. >> OKAY. IT'S AN INTELLIGENT PIECE OF LEGISLATION. I'M SURPRISED. CONGRATS FOR BRINGING IT FORWARD. I LOOK FORWARD TO THIS COMING BACK. MS. CALLOWAY, JUST QUICK QUESTION. WHAT WOULD BE THE PROCESS FOR GIVING UP THE AFFORDABLE HOUSING COMMITTEE AND PROBABLY NAME THE MAYOR AS OUR APPOINTEE. SINCE I'M THE PERSON IN CHARGE OF THAT. WHAT WILL BE THE PROCESS OF SWITCHING? >> IF THAT'S HIS BODY'S DESIRE WOULD HAVE TO BRING BACK A RESOLUTION. I THINK THAT'S HOW THE APPOINTMENT WAS MADE NATIONALLY. >> OKAY. THAT WOULD BE MY DESIRE IF IT'S THE MAYORS PLEASURE, I'D BE HAPPY TO DO THAT NEXT MEETING. >> I'M GOING TO ASK FOR SOME CLARIFICATION ON WHETHER OR NOT IT CAN BE. I'D BE HAPPY TO BE THE CITIES APPOINTEE TO THAT BOARD AS WELL. AS LONG AS IT DOESN'T CONFLICT WITH THE FACT THAT I'M ACTUALLY THE APPOINTEE BY THE COUNTY TO THE COUNTY'S BOARD AND THE CHAIR OF THE SAME COMMITTEE. IF I CAN SERVE ON BOTH, I'LL BE HAPPY TO SERVE ON BOTH. I ALSO AM THE REPRESENTATIVE FOR THE MPO RESILIENCY AND AFFORDABLE HOUSING COMMITTEE. AS LONG AS NONE OF THAT IS IN CONFLICT. I'M HAPPY TO SERVE. >> THANK YOU. >> VICE MAYOR, PRESUME THAT YOU REMEMBERED YOUR QUESTION? >> I DO. THANK YOU. BECAUSE I WAS AWARE THAT OTHER CITIES HAVE THIS SET ASIDE WHERE YOU CAN SAY 10 CAME UP. [05:05:04] WHY DON'T WE HAVE A SET ASIDE FOR AFFORDABLE HOUSING? HE SAID, WE HAVE ENOUGH AFFORDABLE HOUSING IN TAMARAC. WE DON'T HAVE ENOUGH MARKET RATE HOUSING. I WANTED TO KNOW FROM MS. CALLOWAY WHETHER OR NOT BASED ON WHAT YOU KNOW, IN TAMARAC, DO WE HAVE ENOUGH AFFORDABLE HOUSING? >> I THINK THE MARKET HAS CHANGED DRAMATICALLY OVER THE LAST FEW YEARS, AT LEAST OVER THE LAST TWO YEARS. THIS IS PRIMARILY FOR THE RENTAL STOCK, ALL THE DEVELOPMENTS THAT WE HAVE APPROVED IN THE LAST FOUR YEARS OR SO I'VE BEEN MARKET RATE UNIT. THE NUMBERS I JUST GAVE YOU WERE JUST TAMARAC VILLAGES NUMBER RELATIVE TO THE THREE-BEDROOM, TWO-BEDROOM AND ONE-BEDROOM, AND I THINK WE ALL KNOW SOMEONE IN THE LAST YEAR OR A COUPLE OF MONTHS WHO WAS RENTING AND HAVE HAD THEIR RENT AS A GENTLEMAN SPOKE GO UP EXPONENTIALLY BECAUSE THERE'S NO CONTROL, IT JUST GOES UP 10 PERCENT, 20 PERCENT. THIS REALLY IS TO ADDRESS THE AFFORDABLE HOUSING CRISIS THAT I KNOW AS THE COUNTY HAS SPOKEN ABOUT, IT'S A STATE WIDE CRISIS. A CRISIS THAT'S IN BROWARD COUNTY. >> OKAY. A QUESTION FOR THE CITY ATTORNEY. I WAS FILLING OUT AN ENDORSEMENT QUESTIONNAIRE FOR AN ORGANIZATION AND THEY ASKED WHAT WAS THE POSITION ON RENT CONTROL? WHAT IS YOUR VIEW LEGALLY AND OTHERWISE ON RENT CONTROL? >> WELL, I HAVE MY LIGHT LIT BECAUSE THIS IS A VERY APPROPRIATE CONVERSATION AND A CONVERSATION THAT IS TAKING PLACE AND MANY OTHER GOVERNMENTS, INCLUDING SOME OF MY OTHER THAT I REPRESENT, I DO HOUSING AUTHORITY WORK AS WELL, ETC. COMMENT HERE IS STATE PREEMPTION. ON NUMBER OF THESE ISSUES THAT YOU'RE DISCUSSING, WE WILL HAVE TO TAKE A LOOK AT STATE LAW ON BECAUSE THE STATE HAS PREEMPTED A NUMBER OF THESE AREAS THAT OTHERWISE WE WOULD BE ABLE TO LEGISLATE, INCLUDING INCLUSIONARY ZONING AND INCLUDING RENT CONTROL. THEY HAVE PREEMPTED IT. >> RIGHT. >> WE DO HAVE THE ABILITY TO PROVIDE FOR INCLUSIONARY ZONING, BUT CONSISTENT WITH WHAT THE STATE MANDATE IS. WE CERTAINLY CAN PROVIDE THAT INFORMATION TO YOU AS WE MOVE FORWARD. >> WE DON'T KNOW WHAT THE STATE MANDATE IS NOW? >> WELL, THE STATE MANDATE VERY BRIEFLY IS THAT, AS A CONDITION OF ADOPTING INCLUSIONARY ZONING. YOU HAVE TO PROVIDE SOME LEVEL OF CONCESSIONS TO THE DEVELOPER. WHETHER THAT'S REDUCE IMPACT FEES, REDUCE PERMITTING FEES, DENSITY BONUSES. THERE'S A LIST WITHIN THE STATUTE OF THE THINGS THAT THE STATE LEGISLATURES HAD DEEMED APPROPRIATE AS A QUID PRO QUO FOR INCLUSIONARY ZONING. >> OKAY. WELL, I LIKED THE IDEA OF THE INCLUSIONARY. IF SOMEONE BUILDS A FORAGE UNIT COMPLEX OR 200 UNIT, TO SAY 10 PERCENT, 20 PERCENT OR 25 OR 40 UNITS. THAT'S NOT GOING TO SOLVE THE AFFORDABILITY PROBLEM THAT WE HAVE. DOES THE CITY, THROUGH THE CITY MANAGER, DO WE HAVE PLANS OF JUST BUILDING OR WORKING WITH A DEVELOPER TO BUILD AN AFFORDABLE HOUSING COMPLEX. THAT DOESN'T LOOK LIKE A PROJECT. BECAUSE I THINK THE WHOLE IDEA OF HAVING MIXED USE IS HAVING PEOPLE WITH DIFFERENT INCOME RANGES LIVE IN A CERTAIN COMMUNITY, SO IT DOESN'T LOOK LIKE THE GHETTO. >> CITY MANAGER YOUR LIGHT IS LIT? >> YES. I JUST WANTED TO RESPOND TO VICE MAYOR'S COMMENT. YES THERE ARE VERY SKILLED, AFFORDABLE HOUSING DEVELOPERS THAT ARE OUT THERE NOW WHO DO VERY HIGH-QUALITY PROJECTS THAT ANYONE WOULD WANT TO BE LIVING IN. I THINK THE BEST APPROACH IS ALWAYS A MIX OF INCOME LEVELS AND NON-DISTINCTIVE DIFFERENCE BETWEEN THEM WITHIN THE COMMUNITY. WE'VE HAD SOME CONVERSATIONS WITH SOME PEOPLE ABOUT THOSE TYPES OF PROJECTS AND THAT TAMARAC IS A VERY ATTRACTIVE PLACE FOR THOSE DEVELOPERS TO END UP. >> OKAY. I GUESS WE HAVE TO KEEP THAT IN MIND WITH OUR LONG-TERM GOAL OF TRYING TO ATTRACT BUSINESSES TO THE COMMUNITY. WE STILL WANT TO ATTRACT PEOPLE WITH HIGH INCOME LEVELS, WHILE AT THE SAME TIME, MAKING OUR LIVING QUARTERS WHERE THERE ARE HOMES OR RENTALS AFFORDABLE TO PEOPLE WHO ARE NOT ON THE HIGH INCOME LEVEL SPECTRUM. >> AGREED. >> OKAY. THANK YOU. >> THANK YOU. IT APPEARS THAT WE HAVE CONSENSUS TO BE ABLE TO HAVE OUR CITY STAFF GO AHEAD AND REVIEW AMENDING OUR L HOP TO INCLUDE A RENTAL STRATEGY, ADDRESSING OUR AFFORDABLE HOUSING INCLUDING INCLUSIONARY, [05:10:01] WHATEVER ELSE OTHER ITEMS THAT YOU FEEL IS APPROPRIATE. THE REST OF THIS, I'M NOT GOING TO RECAP IT. I THINK HE GOT IT. >> YES. WE'LL TAKE A COMPREHENSIVE LOOK AND COME BACK TO YOU WITH SOMETHING THAT IN CASE YOU'RE LOOKING FOR. >> I APPRECIATE THIS CONVERSATION. EVERYBODY IT'S 12:35 THIS MEETING IS ADJOURNED. PLEASE GET HOME SAFELY. THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.