>> GOOD EVENING, LADIES AND GENTLEMEN, [00:00:02] AND WELCOME TO OUR FIRST COMMISSION MEETING WITH OUR NEW COMMISSION. [CALL TO ORDER] I'M VERY EXCITED TO HAVE EVERYONE HERE. IT IS 7:00 PM ON WEDNESDAY, DECEMBER 14TH. CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU, MADAM MAYOR. >> MAYOR GOMEZ? >> GOOD EVENING. >> COMMISSIONER BOLTON? >> GOOD EVENING. >> COMMISSIONER RAY? >> GOOD EVENING. >> COMMISSIONER VILLALOBOS? >> GOOD EVENING, EVERYONE. >> DR. DANIEL? >> GOOD EVENING. >> THANK YOU, MADAM MAYOR. >> AT THIS TIME, EVERYONE PLEASE STAND, COMMISSIONER BOLTON WILL LEAD US IN THE PLEDGE OF ALLEGIANCE, AND WE WILL HAVE A MOMENT OF SILENCE. >> >> CITY ATTORNEY, YOUR REPORT? [1. CITY ATTORNEY REPORT] >> YES, MADAM MAYOR, MEMBERS OF THE COMMISSION, I HAVE ONE ITEM TO REPORT THIS EVENING. JUST WANTED TO INFORM THE COMMISSION THAT [NOISE] EITHER EARLIER THIS WEEK OR LATE LAST WEEK, THE CITY WAS SERVED WITH A LAWSUIT FILED BY INDIVIDUAL WHO OWNS A BUSINESS IN THE COMMUNITY WHO PURPORTS OR ALLEGES THAT SHE HAD AN AGREEMENT TO CONDUCT SOME TYPE OF PROMOTIONAL EVENT IN CONJUNCTION WITH THE CITY, AND THAT THE CITY HAS RENEGED ON THAT AND HAS FILED A CLAIM FOR WHAT SHE ALLEGES TO BE HER DAMAGES IN SMALL CLAIMS COURT. WE ARE IN THE PROCESS OF SUBMITTING THAT TO THE LEAGUE OF CITIES FOR DETERMINATION OF COVERAGE. WE DON'T BELIEVE THAT THEY'LL COVER THE MATTER SO WE'RE ALREADY IN THE PROCESS TAKING THE APPROPRIATE STEPS TO FILE A NOTICE OF APPEARANCE ON BEHALF OF THE CITY, MY FIRM, AND TO DEFEND THE CITY IN THAT MATTER. WE DON'T BELIEVE THAT THE CLAIM HAS MERIT, BUT NONETHELESS, WE HAVE TO GO THROUGH THE PROCESS. I JUST WANTED TO INFORM YOU OF THAT, IF YOU HAVE ANY QUESTIONS, I'M AVAILABLE TO MEET WITH YOU ALL INDIVIDUALLY TO GIVE YOU ANY FURTHER DETAILS YOU MAY WANT. >> THANK YOU VERY MUCH. NOW WE WILL TURN TO ITEM NUMBER 2, THE CITY MANAGERS REPORT AND THIS FIRST ITEM. >> THANK YOU, MAYOR. IT GIVES ME GREAT PLEASURE FOR US TO AWARD TO OUR GRADUATES OF TAMARAC UNIVERSITY THEIR CERTIFICATES. WE HAVE A VIDEO SO I WOULD APPRECIATE IF MY COLLEAGUES WOULD JOIN US DOWN VIEW FROM THE CHAIRS. WE'RE GOING TO WATCH A VIDEO AND THEN WE WILL TURN THIS OVER TO YOU. [MUSIC] >> CONGRATULATIONS AND WELCOME TO THE TAMARAC UNIVERSITY GRADUATION FOR THE TU CLASS OF 2022. [MUSIC] >> WHAT DID YOU LIKE BEST ABOUT TAMARAC UNIVERSITY? >> I LOVED THE OPPORTUNITY TO LEARN ABOUT MY CITY. ALTHOUGH I WILL ADMIT I'VE BEEN LIVING HERE FOR 17 YEARS AND IT'S THE FIRST TIME I WENT ON, BUT I DON'T REGRET IT. I LOVE IT. >> I LIKE THE INFORMATION THAT WAS PROVIDED TO US THAT ENLIGHTENED OUR KNOWLEDGE OF ALL THE FUNCTIONS THAT ALL THE CITY WORKERS DO. IT WAS AMAZING TO FIND OUT WHAT THEY ACTUALLY DO AND HOW THEY DO IT. I LOVED IT. >> WHAT I LIKED BEST ABOUT TAMARAC UNIVERSITY WAS LEARNING ABOUT OUR CITY, LEARNING ABOUT THE DIVERSITY AND LEARNING ABOUT THE PROGRAMS THAT ARE AVAILABLE TO OUR RESIDENTS. >> I LIKED THE WHOLE THING. I WAS TRAINED AS A GENERAL MANAGER, SO I'M VERY IMPRESSED WITH THE PROFESSIONAL ORGANIZATION AND [00:05:01] MANAGEMENT OF SO MANY DIFFERENT ACTIVITIES ACROSS THE CITY. I NEVER REALIZED BEFORE UNTIL I HAD A CHANCE TO LOOK INTO THIS. [MUSIC] >> WELL, I DID LIKE THE POLICE AND FIRE PRESENTATION. THEY WERE THE MOST EXCITING. [LAUGHTER] >> NO PRESSURE HERE. WHICH ONE'S YOUR FAVORITE PRESENTATION? >> MY LAST PRESENTATION THAT WE HAD LAST WEEK ABOUT FINANCE AND BUSINESS. WHAT WAS THAT DEPARTMENT? >> BUILDING? >> BUILDING. BECAUSE I LEARNED SO MUCH INFORMATION ABOUT PERMITS AND WHO GET THEM AND HOW DO YOU GET THEM, AND ALL OF THIS INFORMATION IS AVAILABLE ON THE WEBSITE FOR US BECAUSE A LOT OF THINGS THAT I DO THAT I NEED THAT INFORMATION FOR THEM MADE SO MUCH EASIER FOR ME. >> MY FAVORITE PRESENTATION WAS THE SWAT, GETTING TO SEE ALL OF THE RESOURCES FOR THE CITY AND THE SAFETY MEASURES AND PRECAUTIONS THAT ARE TAKEN TO KEEP OUR RESIDENTS SAFE. >> I THINK IT WAS IT ACTUALLY. I WAS AGAIN, VERY IMPRESSED WITH THE WIDE RANGE OF RESPONSIBILITIES AND BY A SMALL, COMPACT TEAM OF PROFESSIONALS. >> JUST TO BE CLEAR, YOU ARE NOT COERCED IN ANY WAY TO SAY IT? >> NO, I WASN'T. [LAUGHTER] [MUSIC] >> WHAT WAS THE MOST EXCITING THING YOU LEARNED FROM TAMARAC UNIVERSITY? >> IN ALL HONESTY WHAT I LEARNED, AND I'M SURPRISED THAT THIS IS SOMETHING THAT I'M TAKING AWAY WITH IS THAT TAMARAC HAS WONDERFUL EMPLOYEES THAT ARE DEDICATED. THEY LOVE WHAT THEY DO, THEY UNDERSTAND THEIR MISSION, AND THEY'RE REALLY EXCITED ABOUT FURNISHING THOSE SERVICES TO THE STUDENTS. I'M REALLY PROUD ABOUT OUR CITY AND HAVING JUST PULL TOGETHER THIS WONDERFUL TEAM OF EMPLOYEES. I'M PROUD. >> I LEARNED THAT WE HAVE SO MUCH ACTIVITIES HERE IN THE CITY THAT THE CITY IS SPONSORING FOR THE COMMUNITY ITSELF, ALL THE RESIDENTS AND NOT JUST SOUND AND I LIKE THAT ABOUT THE CITY. >> THE RESOURCES THAT ARE AVAILABLE TO OUR RESIDENTS, FINANCIAL, SOCIAL, EDUCATIONAL, MENTAL, AND WELL-BEING. >> WHAT WAS THE MOST EXCITING THING THAT YOU LEARNED FROM TAMARAC UNIVERSITY? >> THE WHOLE THING, THE OPENNESS OF IT, THE VARIETY OF THE PRESENTATIONS. I CAN'T ENCOURAGE OTHER CITIZENS TOO MUCH TO GET INVOLVED AND I HOPE THE CITY CONTINUES THIS AND DOES IT MORE OFTEN. [APPLAUSE] >> CONGRATULATIONS ON GRADUATING FROM TAMARAC UNIVERSITY. >> ON BEHALF OF TAMARAC FIRE RESCUE, THANK YOU FOR PARTICIPATING IN THIS YEAR'S TAMARAC UNIVERSITY. >> CONGRATULATIONS GRADUATES OF TAMARAC UNIVERSITY CLASS OF 2022. YOU DID IT. [APPLAUSE] >> THANK YOU SO MUCH AND CONGRATULATIONS. WITHOUT FURTHER ADO, I'D LIKE TO INVITE THE MAYOR AND CITY COMMISSION TO COME UP AND JOIN US AS WE PRESENT THE CERTIFICATES. [NOISE] [BACKGROUND] >> YOU GOT IT. >> ARE YOU SURE? >> FIRST UP, LET'S SEE. WE HAVE A FEW PEOPLE THAT COULDN'T JOIN US TONIGHT, BUT I STILL WANTED TO TAKE A QUICK MINUTE TO RECOGNIZE THEM AS WE GO THROUGH IT. THANK YOU SO MUCH FOR COMING OUT TONIGHT AS WELL. MARK ALLEY IS ALSO GRADUATING, HE COULDN'T JOIN US HERE TONIGHT, AS WELL AS JOE BOLTER. [INAUDIBLE] NANCY MILLER AND STEPHEN PIR LUIS CANNOT BE HERE AS WELL, BUT I STILL WANTED TO SAY CONGRATULATIONS TO THEM, ALL THE SAME. WITHOUT FURTHER ADO. [BACKGROUND] [LAUGHTER] MARK ELLIE. LET'S SEE. HOLD ON. LET ME GET THE OTHER ONES. NATASHA BRITTON. LET ME GRAB THE LIST. [APPLAUSE] [NOISE] >> THANK YOU. >> IT DOESN'T MATTER. >> OKAY. THIS IS OUR FIRST TIME SINCE COVID COME BACK, HOW PEOPLE FEEL ABOUT THINGS. MARILYN BROWN. [APPLAUSE] [00:10:03] >> THANK YOU. >> THANK YOU. GOOD TO SEE YOU. >> HORATIO O'BRIEN. >> HORATIO O'BRIEN. [APPLAUSE] >> MARISOL CRUZ. >> MARISOL CRUZ. [APPLAUSE] THANK YOU. >> SORRY. ONE SECOND. >> ONCE YOU GET YOUR CERTIFICATE, IF YOU COULD STAY ALONG THE WALL OVER THERE SO THAT WAY, WE CAN COME BACK TO TAKE A QUICK PICTURE AFTERWARDS. [LAUGHTER] I'D APPRECIATE IT. THANK YOU. [NOISE] >> EUGENE EDWIN. >> EUGENE EDWIN. [APPLAUSE] HI. >> LET'S SEE. LIZETTE FIGUEROA. >> LIZETTE FIGUEROA. [APPLAUSE] >> THANK YOU. >> THANK YOU, LIZETTE. YOU LOOK GREAT. >> RUBY GARCIA. >> RUBY GARCIA. [APPLAUSE] >> DID I MISS HER? >> [LAUGHTER] WAIT FOR ME, PLEASE, BUT THANK YOU. I'M SORRY, RUBY. >> THAT'S OKAY. >> RUBY GARCIA. [LAUGHTER] [APPLAUSE] [BACKGROUND] >> IT'S OKAY. THANK YOU. >> RUTH JAMES. [APPLAUSE] THANK YOU VERY MUCH. THANK YOU. SALLY JAMES. [APPLAUSE] THANK YOU. >> THANK YOU. >> WILLIE JOHNSON. >> WILLIE JOHNSON. [APPLAUSE] [LAUGHTER] THANK YOU. THANK YOU VERY MUCH. >> CONGRATULATIONS. >> NEIL LEFRAK >> NEIL LEFRAK. [APPLAUSE] [LAUGHTER] THANKS. TROUBLEMAKER. [OVERLAPPING] CAROLYN MALCOLM. [APPLAUSE] CONGRATULATIONS. I LOVE YOUR SHOES. [LAUGHTER] >> LOOK OVER HERE. 1, 2, 3, BIG SMILE. THANK YOU. >> THEY'LL BE OFF IN ABOUT 10 SECONDS WHEN WE'RE BACK UP THERE. [LAUGHTER] >> JULIE MARTIN. >> JULIE MARTIN. [APPLAUSE] CONGRATULATIONS. >> [BACKGROUND] WHICH ONE? >> I CAN'T SEE. >> JACK. >> JACK SMOIST. [APPLAUSE] CONGRATULATIONS. >> BIG SMILE. LOOK AT THE CAMERA. 1, 2, 3, BIG SMILE. THANK YOU. >> THANK YOU. >> YES, YOU'RE IN IT. >> WE'RE ALL IN IT. TAMARA PERK. [APPLAUSE] >> BIG SMILE, LOOKING AT THE CAMERA. EVERYONE IS IN IT. READY, 1, 2, 3, BIG SMILE. THANK YOU. >> CHERYL RIVERA. >> CHERYL RIVERA. [APPLAUSE] [BACKGROUND] [LAUGHTER] >> I'M A LITTLE CONFUSED. >> [INAUDIBLE] WHERE IS HER? I HAVEN'T SEEN HER. >> THIS IS APRIL? >> YEAH. WE HAVE HER. >> WE JUST SAVE THE BEST FOR LAST. >> EXACTLY, APRIL, AND I KNOW YOU'RE IN HERE SOMEWHERE. >> IT'S OKAY. NO WORRIES. [LAUGHTER] [APPLAUSE] >> WOW. NO, NO, WE HAVE IT. >> NO, NO, WE HAVE YOU. >> [INAUDIBLE] SO THAT'S WHY THERE WAS A PROBLEM. >> THIS IS THE BEST ONE. >> THERE WE GO. I LIKE IT. [00:15:02] >> APRIL CUNNINGHAM. [APPLAUSE] >> MOVE FORWARD. THERE YOU GO. SQUEEZE ON IN. WONDERFUL. BIG SMILE. READY, 1, 2, 3. >> SMILE. >> THANK YOU. >> [LAUGHTER] CONGRATULATIONS. >> THANK YOU. >> LET'S TAKE A PICTURE OUTSIDE IF WE CAN. >> WAIT. ALL OF US? >> YEAH. >> OH, OKAY. UP HERE? >> YEAH. IF WE CAN ALL MAKE OUR WAY BACK UP FRONT HERE, WE'RE GOING TO TRY TO TAKE A QUICK GROUP PICTURE WITH THE MAYOR AND COMMISSION. [BACKGROUND] >> SOME OF US ON THE COMMISSION HAVE PROBABLY GRADUATED IN TAMARAC UNIVERSITY, SO AS WE ALWAYS SAY, YOU COULD BE HERE SOMEDAY SOON. [BACKGROUND] >> WHILE EVERYONE'S MAKING THEIR WAY UP, I JUST WANTED TO ALSO TAKE A QUICK MOMENT TO THANK EVERYONE INVOLVED HERE. WE'VE HAD A LOT OF TEAM MEMBERS THAT HAVE HELPED WITH THE PROGRAM. A FEW OF THEM ARE HERE TONIGHT. WHITNEY NEFF IS HERE. WE HAVE NORA CARLS HERE. I'M TRYING TO SEE WHO ELSE IS HERE, BUT THERE'S BEEN SO MANY WONDERFUL PEOPLE WHO'VE HELPED PUT THIS PROGRAM ON, AND WE'RE FOREVER GRATEFUL. THANK YOU. [BACKGROUND] >> [OVERLAPPING] I JUST WANT TO ADD, OUR STAFF VOLUNTEERS THEIR TIME TO RUN THIS PROGRAM, SO THE PEOPLE THAT YOU WERE WITH WEEK AFTER WEEK, THEY VOLUNTEER TO DO THAT. [APPLAUSE] I JUST WANT TO GIVE A GREAT SHOUT-OUT TO ALL THE PEOPLE WHO DO THAT. THANK YOU. >> WE PRACTICED THIS OUTSIDE, REMEMBER? >> YES. >> LET'S SEE THE LOGO. BIG SMILES. SHOW ME YOUR CERTIFICATES. [BACKGROUND] [LAUGHTER] YOU CAN SQUEEZE ON IN FOR ME. GOOD. ONE, BIG HAPPY FAMILY. [LAUGHTER] GOOD. BIG SMILES. LOOKING OVER HERE AT THE WAVING HAND. READY, BIG SMILES, 1, 2, 3. YOU GUYS GRADUATED. I'LL BE EXCITED. [LAUGHTER] READY, BIG, BIG SMILES. I APPRECIATE THE ENERGY. ONE MORE. READY? 1, 2, 3. CHEESE. CONGRATS. THANK YOU. [APPLAUSE] >> THANK YOU, GUYS. [BACKGROUND] >> YEAH, BUT I COULD STAY. >> [BACKGROUND] CONGRATULATIONS. >> THANK YOU. >> I'M SORRY. >> YOU'RE WELCOME TO STAY REALLY, TRULY. WE'LL PASS IT TO YOU. YOU MIGHT WANT TO STICK AROUND A LITTLE BIT TO SEE [INAUDIBLE] [LAUGHTER] [BACKGROUND] >> THANKS AGAIN TO OUR EXCELLENT STAFF WHO PUT THIS ON FOR OUR RESIDENTS AND ANYBODY WHO'S WATCHING MAY BE ENCOURAGED TO PARTICIPATE IN THE NEXT TAMARAC UNIVERSITY BECAUSE IT REALLY IS A WONDERFUL OPPORTUNITY TO MEET SOME OF YOUR NEIGHBORS YOU MIGHT NOT NECESSARILY MEET, LEARN GOOD THINGS ABOUT THE CITY AND HELP US SHARE THE INFORMATION ABOUT HOW GREAT OUR CITY REALLY IS AND ALSO EDUCATE US ON WHAT STUFF MAY NEED IMPROVEMENT BECAUSE WE HAVE TO DO, WE CAN ONLY GET THROUGH ALL THIS STUFF TOGETHER. ON THAT NOTE, WE ARE NOW GOING BACK TO THE CITY MANAGER FOR ITEM 2B. >> THANK YOU, MAYOR. WE HAVE A PRESENTATION TONIGHT FOR YOU FROM THE BROWARD COUNTY. IT'S A STUDY OF THE PREMIUM AND MOBILITY PLAN. WE HAVE BARNEY MCCOY, [00:20:01] WHO IS THE ASSISTANT GENERAL MANAGER OF SERVICE AND STRATEGIC PLANNING FOR BROWARD COUNTY TRANSIT, AND WE HELD SCOTT PRINGLE, WHO IS THE DIRECTOR OF FLORIDA TRANSIT AND RAIL DIVISION, TO MAKE A PRESENTATION FOR YOU. WELCOME. >> THANK YOU. GOOD EVENING. AGAIN, AS SHE'D INDICATED MY NAME IS BARNEY MCCOY. I'M THE ASSISTANT GENERAL MANAGER FOR SERVICE AND STRATEGIC PLANNING FOR BROWARD COUNTY TRANSIT. AGAIN, WE'D LIKE TO THANK YOU FOR THE OPPORTUNITY TO PRESENT BEFORE YOU THIS AFTERNOON. AGAIN, THIS IS OUR THIRD ATTEMPT AT THIS, SO WE'RE GLAD TO BE HERE. AS YOU MAY BE AWARE, THERE WAS A TRANSPORTATION SURTAX THAT PASSED IN 2018. ONE OF THE FIRST PROJECTS THAT WE WANTED TO IMPLEMENT FROM THAT TRANSPORTATION SURTAX PLAN WAS WHAT WE CALLED A SYSTEMS PLAN. THIS SYSTEMS PLAN WILL DEFINE A VISION FOR PREMIUM AND HIGH CAPACITY TRANSIT IN BROWARD COUNTY OVER THE NEXT 20-30 YEARS. TO ASSIST US WITH THIS EFFORT THOUGH, WE HAVE UNDER CONTRACT WSP, WHICH IS A NATIONAL CONSULTING FOR THE NATIONAL TRANSPORTATION FIRM. OUR PROJECT MANAGER THAT'S LEADING US THROUGH THIS EFFORT THOUGH, IS MR. SCOTT PRINGLE HERE TO MY RIGHT. MR. PRINGLE HAS AN EXTENSIVE BACKGROUND IN IMPLEMENTING THESE TYPES OF PLANS AND THESE TYPE OF SPECIFIC TYPE PROJECTS. WHAT I'M GOING TO DO IS TURN THE PRESENTATION OVER TO SCOTT AT THIS POINT. HE WILL TALK YOU THROUGH THE APPROACH, THE METHODOLOGY FOR THE PLAN, AND WHAT WE EXPECT TO COME FROM THE PLAN. IF THERE ARE ANY QUESTIONS AFTER THAT, WE'D BE MORE THAN HAPPY TO FILL THEM. AT THIS POINT, MR. PRINGLE. >> THANK YOU, BARNEY. GOOD EVENING, EVERYONE. SCOTT PRINGLE AS INTRODUCED. YOU SEE HERE ON SCREEN, MR. MCCOY GAVE YOU THE INTRODUCTION OR OVERVIEW OF WHAT WE'RE CALLING PREMO OR THE PREMIUM MOBILITY PLAN. I'M GOING TO TALK A LITTLE BIT ABOUT THE PREMO PROCESS IN SOME OF THE OUTREACH AND BRANDING. WE'D LIKE TO COME BACK HERE IN THE NEXT COUPLE OF MONTHS OR SO AND GIVE YOU AN UPDATE ON SOME OF THE WORK THAT'S BEING DONE CURRENTLY AS THE PLAN PROGRESSES. WHAT IS PREMO, WHAT IS THE PREMIUM MOBILITY PLAN? BASICALLY, IT'S THESE THREE ITEMS. IT'S FIRST DEVELOPING A VISION FOR WHAT WE CALL PREMIUM TRANSIT. NOW PREMIUM TRANSIT IS IN A LOT OF TERMS, A LOT OF WAYS YOU CAN THINK OF IT AS THOSE HIGH CAPACITY TRANSIT CORRIDORS AND WE'RE REALLY LOOKING AT THINGS LIKE BUS RAPID TRANSIT OR LIGHT RAIL. BUT IT'S A LOT MORE THAN JUST DEVELOPING THAT LONG-TERM VISION FOR BROWARD COUNTY. IT'S ALSO ABOUT ESTABLISHING A PIPELINE OR AS PROGRAM A PROJECT ARE GOING TO BE SEQUENCED OVER TIME TO GET TO THAT VISION. OF COURSE, WHILE WE'RE BUILDING THAT PROGRAM, WE'RE ALWAYS GOING TO WORK TO MEET THE OBJECTIVES OF MAP BROWARD, WORK WITH BROWARD COUNTY, WORK WITH FDOT, AND MOST IMPORTANTLY, WORK WITH EACH OF YOU ON THE MUNICIPAL LEVEL. SOME OF THE GOALS THAT GUIDE US THROUGH THE DEVELOPMENT OF THE PREMO PLAN ARE HERE ON SCREEN. WE'RE REALLY MAKING SURE THAT WE HAVE PROVIDE MOBILITY FOR ALL. WE'RE LOOKING FOR SOLUTIONS THAT ARE EQUITABLE AND THEN WE DO A GOOD JOB INTEGRATING WITH THE COMMUNITIES, WITH THE LAND JUICE THAT'S OUT THERE TODAY AND WHAT COULD BE OUT THERE IN THE FUTURE, WHICH IS AN IMPORTANT PART OF PREMIUM TRANSIT. IT'S BEEN PROVEN NATIONALLY TO REALLY HAVE AN ABILITY TO STIMULATE ECONOMIC DEVELOPMENT BECAUSE OF THAT INVESTMENT IN THAT TRANSPORTATION INFRASTRUCTURE. WE'RE GOING TO LOOK AT THINGS THAT ARE FINANCIALLY SUSTAINABLE, AS WELL AS BEING A GOOD STEWARD OF THE ENVIRONMENT AND MAKING SURE THAT ANY OF THE PROJECTS THAT WE'RE RECOMMENDING ARE SAFE AND SECURE. WHEN YOU THINK ABOUT THE PREMO PLAN AND BASICALLY WHAT WE'RE STARTING OFF WITH THE DEVELOPMENT OF THE PLAN IS WE'RE REALLY LOOKING AT THOSE MAJOR ARTERIALS, THOSE MAJOR EAST-WEST ROADS, THOSE NORTH-SOUTH ROADS. BECAUSE IN A LOT OF WAYS WHAT PREMO DOES, THAT PREMIUM MOBILITY AND PREMIUM TRANSIT NETWORK, IT CONNECTS THE DOTS. IT CONNECTS WHAT'S ALREADY OUT THERE TODAY IN TERMS OF THE LOCAL TRANSIT SERVICE THAT BROWARD COUNTY TRANSIT IS ALREADY PROVIDING, AND MAKES SURE THAT YOU CAN GET QUICKLY TO THOSE LARGER REGIONAL SERVICES. IT'S BEEN A LOT OF CONVERSATIONS ABOUT BROWARD COMMUTER RAIL, TRI RAIL, AND THE ALIKE. THAT'S A COUPLE OF GOOD EXAMPLES OF THOSE REGIONAL TYPE SERVICES. THE WAY WE'RE GOING TO GO ABOUT IT IS BASED ON, AGAIN, I HAVE A FEW YEARS OF EXPERIENCE IN BUILDING THESE PROGRAMS AND THIS IS REALLY BASED ON SOME OF THAT EXPERIENCE BOTH NATIONALLY AND HERE IN THE STATE OF FLORIDA. SIMPLY PUT, AS WE GO THROUGH THE PROCESS AND WE'RE LOOKING AT THE DATA, WE'RE COMMUNICATING WITH THE PUBLIC, WE'RE JUST ANSWERING A COUPLE OF KEY QUESTIONS ALONG THE WAY. FIRST, WE START OFF WITH ALL THE CORRIDORS WHERE WE KNOW IS MEETING A NEED THAT EXISTS WITHIN BROWARD COUNTY AND THE FIRST QUESTION WE'RE GOING TO ASK IS, HOW ARE THESE CORRIDORS CONNECTING TO AND SUPPORTING GROWTH INTO THE FUTURE? THE NEXT QUESTION IS, HOW WELL DO THESE CORRIDORS PROVIDE MOBILITY AND EQUITY? THEN THE STEP C IS, WHO'S GOING TO USE THIS SYSTEM? WHAT TYPE OF RIDERS ARE BEING ATTRACTED TO THIS NEW INVESTMENT AND SERVICE? NOW YOU'LL NOTICE THAT I USE THE WORD CORRIDOR AND I DID THAT INTENTIONALLY BECAUSE BASICALLY WHAT WE'RE LOOKING AT IN STEPS A THROUGH C IS ANSWERING THE QUESTION, WHERE. WHERE IS A GOOD INVESTMENT FOR PREMIUM TRANSIT? ONCE WE UNDERSTAND THE WHERE, THE NEXT QUESTION, OF COURSE IS, WHAT. WHAT TYPE OF PREMIUM TRANSIT MAKES SENSE FOR EACH ONE OF THESE CORRIDORS? [00:25:05] AS I MENTIONED UPFRONT, WE'RE LOOKING AT THINGS LIKE BUS RAPID TRANSIT OR LIGHT RAIL. ONCE WE KNOW THE WHERE AND THE WHAT, THEN WE'RE GOING TO ANSWER THE HOW. HOW DO YOU MOVE FORWARD WITH THAT PROGRAM? HOW DO YOU GET THOSE SERVICES IN THE GROUND AND OPERATIONAL? THIS IS JUST ANOTHER EXAMPLE OF HOW WE'RE GOING TO WALK THROUGH THIS PROGRAM ITERATIVELY, NOT ONLY ESTABLISHING THAT VISION, BUT THE END OF THE DAY HAVING A PROGRAM OF PROJECTS LIKE I MENTIONED UP FRONT, THAT SEQUENCED OVER TIME TO MEET THAT VISION. HOWEVER, AS WE GO THROUGH THE PROCESS, WE'RE DEFINITELY KEEPING AN EYE FOR OPPORTUNITIES WE'LL CALL ACCELERATED PROJECT OPPORTUNITIES OR EARLY WINS. I'VE SEEN THEM ALL OVER THE STATE OF FLORIDA. THERE'S CORRIDORS THAT HAVE BEEN TALKED ABOUT FOR, IN SOME CASES DECADES. FOR ONE REASON OR ANOTHER, USUALLY IT'S FUNDING, THEY HAVEN'T COME TO FRUITION. IF WE SEE A CORRIDOR THAT HAS A LOT OF MATURITY BEHIND IT, A LOT OF WORK HAS BEEN DONE ON IT. WE'RE NOT GOING TO RECREATE THE WHEEL, WE'RE GOING TO IDENTIFY THAT, FLAG THAT, AND TRY TO MOVE THAT QUICKLY TO THE NEXT STEP OF IMPLEMENTATION. WE'RE WORKING VERY CLOSELY OUTSIDE OF OUR MUNICIPAL PARTNERS. WE'RE WORKING WITH WHAT WE CALL OUR PROJECT ADVISORY GROUP. THESE ARE COUNTYWIDE AGENCIES, EVERYTHING FROM THE LEAGUE OF CITIES TO THE BROWARD COMMUNITY COLLEGE, A NUMBER OF DIFFERENT FOLKS AROUND THE COUNTY. WHAT'S GREAT ABOUT THIS GROUP IS THEY HAVE A GREAT INSIGHT AND AS WE GO THROUGH THE PROGRAM, THEY'RE PROVIDING US DIRECTION AND INPUT AS WE BUILD THIS PROGRAM. PREMO IS THE LOGO THAT YOU SEE HERE ON SCREEN. AGAIN, IT'S PREMIUM MOBILITY FOR ALL. WE'RE DOING A LOT OF OUTREACH, AND YOU'RE GOING TO SEE US OUT THERE DOING A LOT MORE OUTREACH IN THE NEXT COUPLE OF MONTHS. WE'VE DONE INITIAL BRIEFINGS LIKE WE'RE DOING HERE TONIGHT, WORKING WITH A NUMBER OF DIFFERENT AGENCIES, BRIEFING THEM. WE'VE GOT, OF COURSE, A PROJECT WEBSITE. THERE'S A COUPLE OF INTERACTIVE TOOLS. THE NICE THING ABOUT THE PROJECT WEBSITE FOLKS CAN GO THERE AND GET INFORMATION ABOUT PREMO. IT'S OPEN 24 HOURS A DAY, SEVEN DAYS A WEEK. WE'RE ALSO DOING WHAT WE CALL OUR COMMUNITY DROP-INS. THAT'S WHERE WE HAVE A TEAM OF FOLKS OR SURVEYORS THAT GO OUT INTO THE COMMUNITIES AT FARMERS MARKETS OR OTHER COMMUNITY EVENTS. TO DATE, WE'VE PARTICIPATED IN OVER 120 COMMUNITY DROP-INS, AND WE'VE GOT ABOUT 3,000 SURVEY RESPONSES AS A RESULT OF THAT. IN CONCLUSION, THIS IS THE SCHEDULES THAT YOU SEE HERE ON YOUR SCREEN, WE'RE WORKING OUR WAY THROUGH THE TECHNICAL WORK. AGAIN, LOOKING AT THAT DATA, HAVING THOSE CONVERSATIONS, THOSE COMMUNITY DROP-INS, WE'RE LOOKING TO HAVE MORE INFORMATION COMING OUT TO BOTH YOU HERE AT THE MUNICIPALITY, INTO THE PUBLIC IN THE NEXT COUPLE OF MONTHS WITH THAT RECOMMENDATION ULTIMATELY GOING TO THE BROWARD COUNTY COMMISSION FOR THEIR ADOPTION. ONCE WE HAVE THEIR ENDORSEMENT OF THE PREMO PLAN, THEN YOU CAN START MOVING THESE PROJECTS DOWN THROUGH THEIR PIPELINE AND TOWARDS IMPLEMENTATION. THE NEXT MAJOR STEP IN THE PROCESS IS WHAT WE CALL PROJECT DEVELOPMENT ENVIRONMENT STUDIES. SIMPLY PUT, THAT'S WHERE WE START DOING SOME OF THE ENGINEERING. WE START DOING SOME OF THE DESIGN. WE LOOK AT THE ENVIRONMENTAL IMPACTS OF PARTICULAR PROJECTS. THIS IS WHERE WE START HAVING CONVERSATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION HOPEFULLY TO ATTRACT AND COMPETE FOR FEDERAL TRANSIT GRANT DOLLARS. WITH THAT, THAT'S A QUICK UPDATE ON THE PREMO PLAN. QUICK INTRODUCTION. LIKE I MENTIONED BEFORE, WE DO HOPE AND WE'D LIKE TO HAVE THE OPPORTUNITY TO BRIEF YOU AS WE CONTINUE TO BUILD A PROGRAM AND WITH THAT, I'LL TAKE ANY QUESTIONS. >> MY COLLEAGUES DO NOT SEEM TO HAVE ANY QUESTIONS. I'M GOING TO JUST MAKE A COUPLE OF LITTLE [OVERLAPPING] COMMENTS FOR THE FUTURE SO HOPEFULLY YOU CAN INCORPORATE. I DO HAVE THE PLEASURE OF SERVING ON THE MPO RESILIENCY AND AFFORDABLE HOUSING COMMITTEE. I'M THE CHAIR OF THE BROWARD COUNTY AFFORDABLE HOUSING COMMITTEE AND I'M ON THE NATIONAL LEAGUE OF CITIES TRANSPORTATION INFRASTRUCTURE. ALL THIS STUFF IS RIGHT UP MY ALLEY [LAUGHTER] I LOVE IT AND HAVE HAD THE PLEASURE OF LEARNING A LOT. I KNOW 441 IS THAT CORRIDOR THAT HAS BEEN TALKED ABOUT FOR AT LEAST 12 YEARS AND THEN PROBABLY 12 YEARS BEFORE THEN. I'M REALLY HOPING THAT NOW THAT THIS PROCESS IS PUT TOGETHER, WE CAN ACTUALLY WORK ON IT AND GET IT DONE. THEN THE OTHER ITEM IS, I THINK THAT IN TODAY'S DAY AND AGE, WE NEED TO BE MINDFUL THAT WE WILL NEVER BE NEW YORK AND WE'RE NOT CHICAGO. OUR TRANSPORTATION SYSTEM IS SET UP A LITTLE BIT DIFFERENTLY AND MAYBE WE WILL HAVE SOME ABOVE-GROUND RAIL OR CERTAIN THINGS LIKE THAT BUT AT THIS TIME WE DON'T HAVE IT. PEOPLE STILL HAVE BIKES AND CARS. IF WE WANT TO GET THEM ONTO THE BUSES AND ONTO THESE OTHER ALTERNATIVE MEANS OF TRANSPORTATION, WE DO NEED TO THINK ABOUT MONEY GOING TOWARDS GARAGES, ABOVE-GROUND GARAGES TO HAVE ACCESS TO THOSE RIDE SHARES AND STUFF LIKE THAT. [00:30:03] HOPEFULLY, FOR ONE WE'RE DEALING WITH THE CAPITAL AND YOU'RE TAKING IT BACK TO THE PEOPLE THAT BE, THAT'S SOMETHING YOU GUYS CAN PUT ON AND THAT'S A COMMENT THAT WAS ACTUALLY JUST DISCUSSED AT YESTERDAY'S MPO RESILIENCY AFFORDABLE HOUSING MEETING, PART OF THE PROBLEM WE CAN BUILD CERTAIN THINGS. BUT IF WE DON'T GIVE PEOPLE ACCESS TO GET THERE, PARK THEIR CARS AND THEN GO OR PARK THEIR BIKES SAFELY AND THEN GO. WE'RE NOT GIVING THEM THAT INTERCONNECTIVITY THAT WE NEED TO DO. THANK YOU FOR LISTENING. >> THANK YOU. >> I APPRECIATE ALL YOUR WORK. NOTHING FURTHER THEN. THANK YOU. >> THANK YOU. >> GET HOME SAFELY. >> CITY MANAGER? [2. CITY MANAGER REPORT] >> YES. >> JUST REALLY QUICK, SOME MORE INFORMATION. THANK YOU, MAYOR. GOOD EVENING, MAYOR AND CITY COMMISSION. WE HAVE SOME GOOD NEWS TO SHARE TONIGHT. FIRST, CONGRATULATIONS TO OUR FIRE DEPARTMENT. THE TAMARAC ALS COMPETITION TEAM RECEIVED FIRST PLACE AT THE NORTH AMERICAN VEHICLE RESCUE ASSOCIATION COMPETITION. CONGRATULATIONS TO CAPTAIN BOYHAN, LIEUTENANT MAIS, [APPLAUSE] FIREFIGHTER CURBELO, FIGHTER HERO AVRIL. WELL DONE. [APPLAUSE] ALSO, WE HAVE TWO INDIVIDUALS THAT HAVE BEEN GIVEN SPECIAL RECOGNITION FROM THE FIRE INSPECTOR ASSOCIATION OF BROWARD COUNTY. TOMMY DEMOPOULOS RECEIVED THE AWARD FOR FIRE MARSHAL OF THE YEAR FOR 2022 AND CYNTHIA CHARLES RECEIVED THE AWARD FOR FIRE INSPECTOR OF THE YEAR FOR 2022. PLEASE JOIN ME IN CONGRATULATING TOMMY AND CYNTHIA AND THANK THEM AND THE ENTIRE FIRE RESCUE DEPARTMENT FOR YOUR DEDICATION AND COMMITMENT TO PROVIDING TOP-NOTCH SERVICE AND CARE FOR OUR COMMUNITY AND ALWAYS RAISING THE BAR. WE'RE VERY GRATEFUL FOR THAT. NEXT, I'D LIKE TO EXTEND CONGRATULATIONS TO OUR WATER TREATMENT PLANT STAFF WHO'VE BEEN GIVEN THE WATER FLUORIDATION QUALITY AWARD BY THE FLORIDA DEPARTMENT OF HEALTH. THIS AWARD IS FOR THE HIGHEST STANDARD OF WORK DONE RELATING TO THE MONITORING AND MAINTENANCE OF IDEAL FLUORIDE LEVELS IN THE WATER SUPPLY. THE PRESENTATION OF THE AWARD WHICH WAS DELAYED DUE TO THE COVID-19 PANDEMIC WAS RECENTLY PRESENTED TO THE CITY. CONGRATULATIONS TO THE WATER TREATMENT PLANT STAFF ON EXCELLENT WORK. GREAT JOB, EVERYONE. [APPLAUSE] NOBODY EXPECTS THAT THE WATER ISN'T GOING TO BE SAFE, AND WE HAVE A LOT OF WORK TO MAKE SURE THAT THAT'S THE CASE AND THAT WE INVEST IN THAT, SO IT'S NICE TO BE RECOGNIZED. LASTLY, WE JUST CELEBRATED OUR TAMARAC UNIVERSITY GRADUATES BUT THE SPRING PROGRAM BEGINS TUESDAY, MARCH 7, 2023 AND IT'S AN EIGHT-WEEK PROGRAM AND NEXT YEAR'S TAMARAC UNIVERSITY INFORMATION CAN BE FOUND ONLINE AT TAMARAC.ORG/TOYOU, INCLUDING THE CLASS SCHEDULE AND APPLICATION. THE DEADLINE TO APPLY IS FRIDAY, JANUARY 27, 2023 AT 5:00 PM AND WE ENCOURAGE ALL WHO ARE INTERESTED TO PLEASE APPLY. LASTLY, WE'RE CURRENTLY LOOKING FOR INDIVIDUALS WHO LIVE IN THE CITY TO FILL VACANCIES ON A FEW OF OUR BOARDS AND COMMITTEES. IF YOU'RE INTERESTED IN SERVING ON ONE OF THE BOARDS AND COMMITTEES, APPLICATIONS ARE AVAILABLE ONLINE AT WWW.TAMARAC.ORG. APPLICATIONS ARE DUE BY 5:00 PM SUNDAY, DECEMBER 18TH. THIS IS A GREAT WAY TO BECOME INVOLVED AND TO MAKE A DIFFERENCE IN OUR COMMUNITY. THANK YOU, MAYOR. THANK YOU, COMMISSION. THAT CONCLUDES MY REPORT. >> THANK YOU VERY MUCH. THEN WE NOW COME TO PUBLIC PARTICIPATION. [3. PUBLIC PARTICIPATION] CITY ATTORNEY AARON, PLEASE READ THE RULES OF PUBLIC PARTICIPATION. >> YES, MADAM MAYOR, IN FRONT OF THE DROP-DOWN SCREEN, THAT'S THE RULES. 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 CLERKS RECORD IN LIEU OF ADDRESS THEY CAN PROVIDE THEIR CITY OF RESIDENTS. 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 TO 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 WILL BE A 30-MINUTE AGGREGATE TIME LIMIT FOR THIS ITEM. SPEAKERS ARE ENCOURAGED TO SIGN UP IN ADVANCE WITH CITY CLERK PRIOR TO THEIR PARTICIPATION. OUR 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 WITH THE SAME POSITION AS THE PREVIOUS SPEAKER MAY SIMPLY STATE THEIR NAMES, ADDRESS, AND THE POSITIONS WITH WHICH THEY AGREE. ANY PERSON MAKING DISRUPTIVE AND PERTINENT OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE CITY COMMISSION OR REFUSE TO STOP MAY BE REQUESTED TO LEAVE THE MEETING BY THE CITY COMMISSION. PERSONS WHO USE A LOT OF 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. [00:35:02] THE PUBLIC SHALL SPEAK ONLY ON THE AGENDA IS SUBJECT. SPEAKING TIME FOR MEMBERS OF THE PUBLIC IS ONLY 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 THEREOF TO ANOTHER PARTY. FOR PUBLIC HEARING, THE CITY COMMISSION MAY SET AN AGGREGATE TIME LIMIT FOR PUBLIC COMMENT. WHEN AN ISSUE HAS BEEN DESIGNATED AS QUASI JUDICIAL, PUBLIC REMARKS SHALL ONLY BE HEARD DURING A QUASI-JUDICIAL HEARING THAT HAS BEEN PROPERLY NOTICED FOR THAT MATTER. >> THANK YOU SO VERY MUCH. OUR FIRST SPEAKER, CAROL MENDELSOHN. >> CAROL MENDELSOHN WOODMONT. MADAM MAYOR, CONGRATULATIONS ON YOUR REELECTION. GOOD EVENING, COMMISSIONER VILLALOBOS, AND CONGRATULATIONS TO THE TWO NEWLY ELECTED COMMISSIONERS FOR TAMARAC. I AM HERE TO ADDRESS AN ISSUE CRITICAL TO THE SAFETY AND WELL-BEING OF THE RESIDENTS IN DISTRICT 4. DISTRICT 4 RESIDENTS, PLEASE LISTEN CAREFULLY, THIS SERIOUSLY IMPACTS YOU. I AM ADDRESSING FIRE STATION 36 LOCATED AT 7200 NORTH UNIVERSITY DRIVE, WHICH WAS BUILT MORE THAN TWO YEARS AGO. THERE IS NO FIRE TRUCK THERE. LET ME REPEAT THAT. FIRE STATION 36 IN DISTRICT 4 HAS NO FIRE TRUCK. THE FIRE TRUCK IS IN THE 2024 BUDGET AND GETTING IT TAKES 18-36 MONTHS. THEREFORE, THE SOONEST THAT YOU CAN GET A TRUCK MIGHT BE 2027. WHILE OUR FIREFIGHTERS ARE THE BEST IN THE COUNTRY AND ALWAYS MAKE THINGS WORK, THIS IS A SAFETY ISSUE. IF A CALL COMES IN, THAT MEANS THAT FIRE STATION 41 MAY TAKE THE CALL. IF 41 IS OUT THEN FIRE STATION 78 TAKES THE CALL. IF THAT STATION IS OUT ON THE CALL, A NEIGHBORING CITY WILL TAKE THE CALL. WHILE THIS IS NOT UNUSUAL AND IT'S COMMON PRACTICE. WITHOUT THE FIRE TRUCK AT STATION 36, A THREE-MINUTE CALL MAY BECOME A FOUR OR A FIVE-MINUTE CALL. THIS HAS ALREADY TAKEN PLACE, SO I ASK YOU, WHAT IS A LIFE WORTH? MUCH OF THE FUNDS HAVE BEEN PREVIOUSLY EARMARKED FOR THIS PURCHASE. IT ALSO REQUIRE STAFFING WITH A 12-MAN FULL-TIME TEAM. WE CURRENTLY HAVE A DEVELOPMENT RECEIVING A $2.3 MILLION FACELIFT. MONEY HAS BEEN SPENT ON THE SOCIAL UNAFFORDABLE, EVEN WEST. WE STILL DEAL WITH THE $700 CAR ALLOWANCE, FIVE COMMUNITY ENGAGEMENT LIAISONS, TWO FULL-TIME AIDS, $50,000 STILL IN TRAVEL AND SIGNAGE PAGE FOR DEVELOPMENT WHEREBY RESIDENTS BYPASS RULES AND PROGRAM PROCESS BY YELLING LOUDLY ABOUT ITS AESTHETIC IMPORTANCE. THESE ARE ONLY A FEW EXAMPLES. NONE OF THESE ITEMS ARE HIGH-RISK SAFETY CONCERNS. IF YOU ARE IN DISTRICT 4 AND NEED HELP OR THERE IS A FIRE, THERE IS NO TRUCK AT STATION 36. I URGE THE COMMISSION AND DISTRICT 4 RESIDENTS TO MAKE THIS THE MOST IMMEDIATE HIGHEST PRIORITY. DISTRICT 4 RESIDENTS, CONTACT YOUR COMMISSIONER AND DO NOT ALLOW THIS TO BE SWEPT UNDER THE RUG. THIS MUST BE OF THE HIGHEST PRIORITY. WHAT IS YOUR LIFE WORTH? THE LIFE YOU SAVE MAY BE YOUR OWN. >> THANK YOU. SALLY JAMES. >> GOOD EVENING, MAYOR AND CITY COMMISSIONERS. CONGRATULATIONS TO EVERYONE WHO JUST GOT RE-ELECTED. MY NAME IS SALLY JAMES, 8231 NORTHWEST 68TH AVENUE. I'VE LIVED IN DISTRICT 4 FOR 25 YEARS. FIRST, I WANT TO TALK TONIGHT ABOUT CRIME. TAMARAC TOUTS ITSELF AS BEING THE CITY FOR YOUR LIFE. BUT IF YOU PAY ATTENTION TO RECENT NEWS ACCOUNTS, YOU MAY WANT TO RUN FOR YOUR LIFE. THE OWNER OF THE BEAUTY PLUG ENTERPRISE ON WEST COMMERCIAL BOULEVARD SURE DOES. HER FAMILY OWNED WIG SHOP, WHICH OPENED FOR BUSINESS IN APRIL OF 2021, HAS BEEN HIT BY ROBBERS THREE TIMES IN ONE YEAR. IN ONE INSTANCE, HER DAUGHTERS WERE BLASTED WITH PEPPER SPRAY AND MOST RECENTLY, A SEVEN-FOOT-TALL SUSPECT POSING AS A CUSTOMER SEIZED HER ENTIRE CHRISTMAS STOCK MAKING OFF WITH $12,000 WORTH OF HUMAN HAIR WIGS. I SPOKE TO HER TODAY. THE STORY HAS BEEN ALL OVER THE NEWS AND THE OWNER HAS SAID SHE MAY CLOSE BECAUSE SHE'S SCARED TO DO BUSINESS IN TAMARAC AND SHE CAN'T AFFORD, [00:40:04] SHE TOLD ME, TO HIRE AN ARMED GUARD FOR HER FAMILY-OWNED BUSINESS IN TAMARAC. SHE SAID BSO HAS BEEN SPECTACULAR, BUT THIS SMALL BUSINESS OWNER IS STILL AFRAID THAT SHE'S GOING TO GET HIT AGAIN. TAMARAC IS ALREADY KNOWN FOR ITS BICKERING COMMISSIONERS, NOW IT'S GETTING A NAME FOR CRIME S MUCH FOR THE CITY, FOR YOUR LIFE. SECOND, I WANT TO ADDRESS OVERDEVELOPMENT. I'M DEEPLY CONCERNED TO LEARN THAT THERE'S YET ANOTHER HIGH-DENSITY, HIGH-RISE RESIDENTIAL APARTMENT COMPLEX PROPOSED FOR TAMARAC. THIS ONE ON WEST COMMERCIAL BOULEVARD, THE 378 UNITS, SIX-STORY APARTMENT COMPLEX WITH RETAIL IS PROPOSED FOR THE SITE OF THE CLOSED CHEDDAR'S RESTAURANT ON THE NORTH SIDE OF COMMERCIAL. I DON'T THINK THIS IS A GOOD IDEA AND I URGE THE CITY TO REJECT A ZONING CHANGE AND DENY THIS PROJECT WHEN IT COMES UP. APPROVING A NEW COMPLEX WOULD GRIDLOCK AN AREA THAT HORRIFICALLY AND HERE'S WHY. LAUDER HILL IS BUILDING A 500-UNIT APARTMENT COMPLEX ON THE SOUTHWEST CORNER OF UNIVERSITY AND COMMERCIAL. TAMARAC'S PROPOSED 378-UNIT PROJECT WOULD BE JUST WEST ALMOST ACROSS THE STREET. JUST TO THE WEST IS TAMARAC VILLAGE WITH 400 PLUS NEWLY BUILT RENTAL APARTMENTS, AND EDEN WEST WITH 212 APARTMENTS UNDER CONSTRUCTION, IS THAT PINE ISLAND AND MCNAB. WITH TWO CARS PER APARTMENT APPROXIMATELY AND NEARLY 1,500 NEW APARTMENTS, YOU WILL BE DUMPING NEARLY 3,000 MORE CARS INTO AN APPROXIMATE TWO-MILE STRETCH. HOW DOES THIS MAKE SENSE? LASTLY, I WANT TO TALK ABOUT THE FIRE DEPARTMENT, AND I'D LIKE TO CONGRATULATE THEM FOR THE AWARDS THAT WERE ANNOUNCED TONIGHT. I LIVE IN DISTRICT 4, A MILE FROM THE FIRE STATION THAT DOES NOT HAVE A FIRE TRUCK AND HAS NOT HAD ONE FOR TWO YEARS. RESIDENTS WHO LIVE IN THE AREA THINK THAT THEY ARE LIVING NEXT DOOR TO A WORKING FIRE TRUCK AND ARE IN FOR A SURPRISE IF THEY HAVE A FIRE. THE STATION ONLY HOUSES THE RESCUE TRUCK. WHEN SOMEONE HOUSE'S BURNS DOWN OR SOMEONE IS INJURED OR DIE, YOU WILL BE HELD RESPONSIBLE. THANK YOU. >> THANK YOU. DR. SCHILLER. >> GOOD EVENING DARCY SCHILLER OF KINGS POINT, CONGRATULATIONS ON YOUR RE-ELECTION MAYOR. THE JEWISH PEOPLE CELEBRATE PASSOVER IN THE SPRING AND THEY HAVE A HEBREW EXPRESSION SAYING, [FOREIGN]. IN ENGLISH, THAT TRANSLATES PRETTY MUCH TO WHY IS TONIGHT ANY DIFFERENT THAN ANY OTHER NIGHT? YOU KNOW WHAT, THE COMMISSION PROVED IT ONCE AGAIN, THAT TONIGHT IS NO DIFFERENT THAN ANY OTHER NIGHT, AS WE HAD THE TAMARAC CLASS WALKING BY SHAKING HANDS AND WE HAD ONE COMMISSIONER WHO REFUSED TO SHAKE THE HAND OF A STUDENT. THAT TO ME BRINGS US RIGHT BACK WHERE WE WERE BEFORE THE NEW COMMISSION CAME ON. I HAVE TO QUESTION WITH THAT THE TAMARAC CITY EMPLOYMENT PAGE IS ADVERTISING FOR LIAISONS. I THOUGHT LIAISONS WE'RE GOING TO BE EXTINCT BECAUSE WE WERE CUTTING THE BUDGET BACK. I HAVE TO QUESTION WHERE WE ARE WITH THE $700 CAR ALLOWANCE. AGAIN, I THOUGHT WITH THE FATHER BEING TOLD WITH ALL THE ELECTIONS THAT THE CAR ALLOWANCE WAS GOING TO BE ADDRESSED. I'M NOT SAYING TAKE IT AWAY. ABSOLUTELY NOT, BUT I THINK IT SHOULD BE ON MILEAGE. CRIME IS UP. I AGREE WITH WHOEVER HAD STATED THAT BEFORE, AND I PERSONALLY HAD SOMEBODY FOUR TIRES TAKEN FROM. IRONICALLY, ACROSS THE COMPLEX FROM ONE OF OUR COMMISSIONERS IN DISTRICT 1 AND THE POLICE HAD BEEN THERE MULTIPLE TIMES. THEY HAVE THE CAMERAS ALL OVER THEIR PARKING LOT. WHERE ARE THE POLICE? THIS IS A KNOWN COMMUNITY FOR MAJOR CAR STEALING OF TIRES. THE POLICE HAVE BEEN THERE MULTIPLE TIMES, THEY'VE TAKEN MULTIPLE REPORTS, AND THEN IT HAPPENED AGAIN. WHERE IS THE POLICE? ESPECIALLY BECAUSE I UNDERSTAND THAT FIVE MILLION DOLLARS TO THE AMERICAN RELIEF FUND WAS GIVEN TO BSO. I WANT TO ASK OUR TAMARAC BSO, WHERE ARE YOU? WHY DO WE HAVE MORE DOMESTIC VIOLENCE AND MORE CRIME IN DISTRICT 1 THAN ANY OTHER DISTRICT? YOU CAN READ THAT FOR YOURSELF. I'M NOT GIVING THIS TOO CLOSE OFF THE TOP MY HEAD. LASTLY, I WANT TO SAY KUDOS TO THE EMTS. THEY'VE HELPED ME OUT IN LIFE-THREATENING SITUATIONS AND AGAIN, A FRIEND OF MINE RECENTLY HAD THE EMTS COME TO [00:45:02] THEIR HOUSE AND THESE GUYS ARE ABSOLUTELY TOP-NOTCH, PHENOMENAL, AND I WANT TO THANK THEM FOR WATCHING OUT FOR THE PATIENTS' SAFETY BY TAKING THEM TO THE HOSPITAL AS OPPOSED TO LISTENING TO THE PATIENT WHICH STATED, "KEEP ME HOME," BECAUSE THE PATIENT HAS BEEN IN THE HOSPITAL FOR THREE DAYS AND ONGOING. OTHER THAN THAT, I WISH THE COMMISSION DOES WELL THIS YEAR. I HOPE THERE'S A LOT OF HARMONY AND NOT A LOT OF DISHARMONY AND I THANK YOU. >> THANK YOU, WILLIAM GEITHNER. >> OR LESS THAN DOLLARS. [NOISE] KEISHA, I HAVE ONE OF THESE FOR YOU. >> MR. GEITHNER, PLEASE COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS OR AT LEAST A LOCATION OF WHERE YOU LIVE. >> WILLIAM GEITHNER, 5106 BAYBERRY LANE, TAMARAC. MAURY, I HAVE ONE OF THESE FOR YOU TOO. THESE ARE JUST DRAWINGS THAT I'VE DRAWN UP. >> PLEASE STEP TO THE MICROPHONE. THANK YOU. >> DRAWINGS THAT I'VE DRAWN UP FOR WHAT WE CAN DO AT THE WOODLANDS. FINANCING, YOU HAVE TO GET CONTROL OF THE PROPERTY. WE CAN MAKE IT HAPPEN FROM THERE. WE HAVE A VOUCHER IDEA THAT 100-150 BUCKS A MONTH. YOU CAN OFFER IT TO THE RESIDENTS OF THE WOODLANDS, YOU CAN OFFER IT TO ANYONE WITHIN THE TOWN. YOU CAN OFFER IT TO ANYONE IN THE COUNTY IF YOU WISH BECAUSE YOUR VOUCHER WOULD BE TAKEN CARE OF WITH A PUNCH CARD WHETHER YOU ARE USING THE PAR-3 GOLF COURSE WHICH I'VE MENTIONED, WHICH WOULD BE SOLAR LIGHTED. ALSO YOU HAVE THE IDEA OF THE ELECTRIC CHARGING STATIONS, WHICH EVERYONE CAN USE THOSE. THE TENNIS COURTS AT THE WOODLANDS ARE REALLY A PROBLEM BECAUSE I GO TO PRETTY MUCH ALL THE PREMIER PROPERTIES IN BROWARD, PALM BEACH, SOMETIMES IN THE DAY, AND THEY ALWAYS HAVE DOGGY STATIONS, TRASH CANS, DIRTS ON THE CITY, SAGO PALM IS YOUR RESPONSIBILITY. THERE'S NO REASON WHY THERE IS NOT DOGGY STATIONS THERE, THERE'S NO REASON WHY THERE'S A COUPLE OF BENCHES NOT THERE, THERE'S NO REASON WHY YOU AREN'T TAKING CARE OF THE WOODLANDS. THAT'S ALL THE PEOPLE ASK. NOW, THERE'S NO REASON TO GET RID OF THE GOLF COURSE BECAUSE TO HAVE A TRUE PROPER CITY TOURNAMENT, YOU NEED THREE VENUES NOT TWO, SO THE WOODLANDS NEEDS TO STAY. NOT TO MENTION THE FACT THAT THE COMMUNITY AS A WHOLE SUFFERS WHEN THIS PROPERTY IS ALLOWED TO LANGUISH. CLUBLINK HASN'T BEEN HELD TO ACCOUNT IN YOUR 12 YEARS AND AARON WISE IS 17 YEARS, WE HAVE A PROBLEM HERE. IT'S MORE IMPORTANT TO STAY IN POWER THAN IT IS TO DO SOMETHING FOR THE PEOPLE. THAT'S ALL WE ASK IS THAT YOU WORK FOR US. DON'T WORRY ABOUT GETTING REELECTED. IF YOU'RE NOT DOING ANYTHING, YOU SHOULDN'T BE REELECTED, AND THAT'S ALL I HAVE. [NOISE] I HAVE NEWS FOR YOU AND YOU. >> THANK YOU VERY MUCH. IS THERE ANYBODY WHO DID NOT HAVE A CHANCE TO SIGN IN THAT WISHES TO SPEAK? PLEASE COME FORWARD, MR. WEBSTER. [NOISE] >> MADAM MAYOR BEFORE THE CLOCK STARTS, POINT OF INFORMATION ON THE AGENDA TONIGHT. UNDER ITEM NUMBER 10 INFILL THE FACT THERE ARE POSSIBLE MOTIONS ON ANY OF THESE ITEMS A THROUGH D. IS THERE ANY POSSIBILITY FOR PUBLIC INPUT, ESPECIALLY SINCE IT SAYS POSSIBLE MOTIONS WHICH WILL LOCK ANYTHING IN PLACE? >> IT'S BEST RECOMMENDED THAT IF YOU HAVE ANY COMMENTS ABOUT ANYTHING ON 10, YOU MAKE THEM NOW. IF THEY BECOME INTO MOTIONS LATER, THEN WE OPEN THEM UP FOR DISCUSSIONS, [00:50:02] BUT JUST IN CASE THEY DON'T GO INTO MOTIONS, YOUR BEST BET IS FOR YOUR COMMENTS TO BE HELD NOW, PLEASE. >> THAT'S UNFORTUNATE. >> I CAN'T TELL YOU WHAT THE FUTURE HOLDS. I'M SORRY AND RATHER HAVE THE ABILITY TO BE HEARD. >> LIFE GOES ON. STUART WEBSTER, VERSAILLES GARDENS. MADAM MAYOR, COMMISSIONERS, LADIES AND GENTLEMEN, ALL PROTOCOL OBSERVED. HAPPY HOLIDAYS TO EVERYBODY. KUDOS TO ALL NEWLY ELECTED COMMISSIONERS. THE VOTERS SELECTED A REALLY ECLECTIC MIX AND WE LOOK FORWARD TO SEE CAMPAIGN WORDS IN ACTION. BOTH AS A TAMARAC RESIDENTS AND AS A COMMITTEE MAN FOR AT LEAST THE PAST 10 YEARS, I LOOK FORWARD TO THAT. IN NOVEMBER, I LIKE I IMAGINE MANY VOTERS STARTED TO CLEAN UP THE DIAS AND THIS WILL CONTINUE INTO THE NEXT CYCLE. THE EMBARRASSMENT WAS/IS BOTH VISUALLY AND VERBALLY ALMOST OVERBEARING. IT SEEMS AS IF SOME OF THE CANDIDATES IGNORED MY WORDS WHEN I STOOD HERE SOME WEEKS AGO AND SAID THAT CANDIDATES THOUGHT THAT WE VOTERS WERE AMAZINGLY DUMB AND NAIVE SHEEP WHO COULD BE EASILY MANIPULATED. FOR EXAMPLE, I SPOKE WITH ONE AND WHEN I INTRODUCED MYSELF, THE PERSON CONDESCENDINGLY SAID, "I KNOW WHO YOU ARE. WHAT CAN I DO FOR YOU?" THAT PERSON KNOWS THE OUTCOME. SOME DO NOT GET ANGRY, SOME GET INTO ACTION. ANYWAY, WHILE THE FUTURE LOOKS BRIGHT AS A SUBSTITUTE TEACHER FOR MORE THAN EIGHT YEARS AND BOY, DO I LOVE THAT JOB, I AM REALLY CONCERNED ABOUT ONE COMMISSION AND I'M CURIOUS TO SEE HOW SHE WILL JUGGLE TOO HIGHLY ENGROSSING PROFESSIONS AND MAINTAIN EXCELLENT STANDARDS IN BOTH. WE ALL BLESS HER. I INVITE THE COMMISSIONERS TO ENSURE THAT THEY STAY INDEPENDENT, COLLUSION HAS NEVER WORKED AND THE LEVEL TO WHICH IT JUST FINISHED OPERATING WAS BOTH PUBLICLY AND PRIVATELY DISGUSTING. I HOPE THAT ANY OUTSIDE MANIPULATOR NOW STARES AWAY FROM OUR FAIR CITY. VOTERS WILL FINISH TAKING CARE OF BUSINESS AT THE NEXT CYCLE, NOT TO WORRY. I RESPECTFULLY INVITE THE NEW LADIES AND GENTLEMEN ON THE DIAS TO BE CONSTANTLY OPEN TO COMMUNICATION FROM ALL CITY RESIDENTS. THIS WAS SORELY LACKING IN THE NOT-SO-DISTANT PAST, AND I RESPECTFULLY ASK THAT YOU REMAIN APPROACHABLE. JUST LIKE YOU, WE LOVE OUR CITY AND I HOPE THAT YOU WILL ACCEPT OUR INPUT. WE LOOK FORWARD TO YOUR LEADERSHIP AND GUIDANCE. FINALLY, ALL COMMISSIONERS, PLEASE PROTECT OUR CITY STAFF. THEY'VE BEEN THROUGH A LOT LATELY AND COULD DO WITH SOME TLC. THEN THE LAST POINT I JUST WANT TO MAKE VERY SUBTLY IS, IT'S GOOD TO SEE THE CITY MANAGER UP THERE. HAVE A GOOD EVENING. [MUSIC] >> THANK YOU VERY MUCH. IS THERE ANYONE ELSE WHO WISHES TO SPEAK? MR. WASSERMAN. [NOISE] >> GOOD EVENING, EVERYONE. MY NAME IS RONALD WASSERMAN. I LIVE IN WOODMONT. I LIVE IN THE COMMUNITY OF SHANGRI-LA. MADAM MAYOR, IF I MAY JUST TAKE A FEW MOMENTS TO SPEAK. AS MANY OF YOU KNOW, I'M A CANCER SURVIVOR, AND MY OTHER HALF IS A CANCER SURVIVOR ALSO. SPECIFICALLY, I WOULD LIKE TO SPEAK ABOUT TWO FORMS OF CANCER. IF YOU DON'T WANT TO LISTEN TO ME, TONE OUT. COLON CANCER, VERY SURVIVABLE. AFFECTS BOTH MEN AND WOMEN. IF YOU THINK YOU'RE IMMUNE TO THESE CANCERS, YOU'RE KIDDING YOURSELF. WHAT ABOUT YOUR FAMILY? THINK OF YOUR FAMILY. THE SECOND IS BREAST CANCER, WHICH CAN AFFECT MEN AND DOES AFFECT WOMEN. I'M ASKING ALL OF YOU LADIES, PLEASE, BE MONITORED. GOOD HEALTH IS UP TO YOU. THANK YOU. I SPENT THAT TIME SPEAKING ABOUT I WILL CONTINUE TO ADVOCATE FOR CANCER. [00:55:02] IF ANY OF YOU WANT TO JOIN ME IN THIS FIGHT AGAINST CANCER, I'M HERE READY TO LISTEN. I JUST LIKE TO SPEAK NOW ABOUT A FEW THINGS. THESE ARE MY THOUGHTS, BUT THEY'RE ALSO THOUGHTS I THINK WITH A LOT OF MY NEIGHBORS, MANY WHO ARE JUST NOT ACTIVE AT ALL. WE KNOW THE TYPE. I ASK THESE QUESTIONS OUT LOUD VERY QUICKLY NOW. IS ECONOMIC DEVELOPMENT JUST ABOUT BUILDING APARTMENTS, TOWNHOUSES, CONDOS? IS THAT WHAT ECONOMIC DEVELOPMENT IS TRULY ABOUT? WHAT'S WRONG WITH THE CLEAN SAFE NEIGHBORHOOD? WHAT'S WRONG WITH THAT? WHAT DO YOU MEAN BY THAT, MR. WASSERMAN? I'VE HEARD SAID BEFORE. YOU ALL KNOW. POLICE AND FIRE RESCUE, WE LOVE YOU GUYS WE NEED YOU. IT'S OUTRAGEOUS THAT SOME PEOPLE HAVE SAID YOU MAKE TOO MUCH MONEY, THAT THE FIRE DEPARTMENT MAKES TOO MUCH MONEY. SPECIAL INTERESTS. RCD IS BEING RUN BY SPECIAL INTERESTS. YOU KNOW, FOLKS, AND I KNOW. WHAT DO I MEAN BY SPECIAL INTERESTS? IT'S A SELECT GROUP OF FOLKS WHO MAKE DECISIONS FOR US. BUILDING, BUILD, BUILD, BUILD. FINALLY, ARE WE REALLY TAKING CARE OF PEOPLE WHO ARE HANDICAPPED, ADA, OR VETERANS? TRULY, ARE WE TAKING CARE OF THOSE FOLKS? THANK YOU SO MUCH FOR LISTENING TO ME. GOOD LUCK TO EVERYONE ON THE COMMISSION. >> THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO SPEAK? NO. PUBLIC COMMENTS ARE NOW CLOSED. THANK YOU VERY MUCH, EVERYONE. WE WILL NOW TURN TO OUR CONSENT AGENDA. [4. CONSENT AGENDA] CITY MANAGER, ARE THERE ANY ADDITIONS, OR DELETIONS? >> THERE ARE NONE, MAYOR. >> THANK YOU. COMMISSIONER BOLTON, I SEE YOUR LIGHT IS LIT. DO YOU HAVE SOMETHING TO REMOVE OFF THE CONSENT AGENDA? >> MAYOR, I'D LIKE TO MOVE THE ORDER OF 10BC AND D TO B5, DE, AND F, SO THAT SUBSTANTIAL ACTION CAN BE TAKEN. >> COMMISSIONER, YOU'RE ASKING FOR THE REMOVAL OF 10B, DISCUSSION OF POSSIBLE MOTION TO TAKE ACTION ON THE CITY'S CHARTER POSITIONS TO BE AT FIVE FOR GENERAL COMMENTS WITH NO BACKUP IN THE RECORD. YOU'RE ASKING HIM FOR 10C, DISCUSSION POSSIBLE MOTION TO CLARIFY, OR CHANGE SEATING AND ARRANGEMENTS AND OFFICE POSITIONS. THEN 10D, DISCUSSIONS, AND POSSIBLE MOTION TO CHANGE A REGULAR MEETING TIME REQUEST. WHAT I'M HEARING IS YOU BELIEVE THAT THESE ARE MORE IMPORTANT ITEMS FOR DISCUSSION THAN THE OTHER ITEMS THAT ARE ACTUALLY ON THE AGENDA, AT THIS TIME. >> MADAM MAYOR, THOSE WOULD BE YOUR WORDS, BUT MY WORDS WOULD BE TO MOVE THE ITEMS 10 B, C, AND D TO NOW BE ON THE AGENDA AS 5D, 5E, AND 5F, RESPECTIVELY. MADAM MAYOR. >> THE ONLY ITEM THAT I SEE AS AN ITEM FOR A POSSIBLE MOTION IN DISCUSSION FOR CHANGE THE REGULAR MEETINGS FOR TIME WOULD BE 10D AS THAT ACTUALLY, IN MY UNDERSTANDING, THERE WAS IN THERE NOT PER ORDINANCE THAT SHOULD'VE BEEN ON THE AGENDA BECAUSE WE NEED TO MAKE DECISION BY THE LAST MEETING IN DECEMBER. I WOULD THINK THAT THAT ONE ITEM IS SOMETHING THAT DEFINITELY WOULD HAVE TO HAVE A MOTION ON [OVERLAPPING]. IS THAT CORRECT, CITY ATTORNEY? >> MADAM MAYOR. >> I'M ASKING THE CITY ATTORNEY FOR CLARIFICATION ON 10D REGARDING THE ORDINANCE THAT WE HAVE REGARDING THE LAST COMMISSION MEETING. >> YOU DO HAVE A ORDINANCE IN PLACE THAT SAYS CURRENTLY THAT THE FIRST MEETING OF EVERY MONTH OF THE CITY COMMISSION IS TO BE HELD IN THE EVENING, AND THAT ORDINANCE GOES ON TO STATE THAT THE SECOND MEETING, IT CAN THEN BE SET MY RESOLUTION FOR ANY TIME. IF THERE'S A DESIRE OF THE CITY COMMISSION TO CHANGE TIME OF THE FIRST MEETING OF EVERY MONTH, IT DEFINITELY WOULD REQUIRE A MOTION [01:00:03] AND A SECOND DIRECTION STAFF TO PROCESS SUCH AN ORDINANCE. >> MADAM MAYOR, I WOULD LIKE TO ASK THE CONSENSUS OF MY COLLEAGUES TO MOVE ITEMS 5 B, C, D TO NOW BE REFLECTIVE AS 5 D, E, AND F. >> THIS TIME FIRST OF ALL YOU WOULD HAVE TO ASK FOR THERE TO BE A SET ASIDE OF THE RULES. IS THAT CORRECT CITY ATTORNEY BECAUSE THESE ARE WORKSHOP ITEMS? >> THAT IS CORRECT. AS A GENERAL RULE, THIS BODY HAS STATED THAT ITEMS PLACED ON THE AGENDA BY INDIVIDUAL COUNCIL MEMBERS WOULD BE PLACED UNDER THE OTHER CATEGORY FOR DISCUSSION AND CONSENSUS FOR SUBSEQUENT ACTION THEN AT AS WE UNDERSTAND YOUR DIRECTION. WE WOULD THEN PUT THEM ON AN AGENDA THE FOLLOWING MEETING, OR AS SOON AS POSSIBLE BASED UPON THE WORKLOAD AND THE PRIORITIES. THE REQUESTS OF COMMISSIONER BOLTON CAN BE TREATED AS A MOTION TO SUSPEND THE RULES AND TO MOVE THOSE ITEMS 10 B, C, AND 10 D TO THE SUBSTANTIVE PORTION OF THE AGENDA. EITHER WAY, IF YOU WANT TO CONSIDER A MOTION TO SUSPEND THE RULES TO MOVE THE ITEMS, THEN TREAT IT AS SUCH. IT WOULD NEED A SECOND AND THEN A VOTE. EITHER WAY, YOU HAVE TO DECIDE AS A MAJORITY TO MOVE THEM EITHER BY VOTE OR BY CONSENSUS. >> DO THEY HAVE TO BE MOVED TO THE MIDDLE OF A VERY BUSY AGENDA, OR CAN THEY BE CONVERTED IN 10 TO BE ACTION ITEMS AT THAT TIME? THAT'S WHY THEY ARE LISTED AS SUCH. >> THAT'S AN OPTION, YES. >> THIS WAY, THEY'RE NOT JUMPING THE LINE OF IMPORTANCE OF ALL THE ITEMS THAT ARE CURRENTLY ON THE AGENDA. COMMISSIONER BOLTON, ARE YOU ASKING FOR A MOTION TO SUSPEND THE RULES OF THIS COMMISSION? THESE THREE ITEMS CAN BE MOVED IN THE MIDDLE OF THE AGENDA THAT'S ALREADY PLACED. >> MADAM MAYOR, THANK YOU FOR THAT QUESTION. IT'S A VERY GOOD QUESTION. I WOULD PREFER IF IT'S MOVED. HOWEVER, IF IT IS CLEAR TO ALL OF US THAT THOSE ITEMS WOULD BE TAKEN UP AS SUBSTANTIVE ISSUES AND ACTIONS, I WOULD NOT MIND LEAVING THEM WHERE THEY ARE, BUT WE HAVE TO BE CLEAR THAT THESE ARE NOT WORKSHOP ITEMS, THAT THESE ITEMS ARE NEEDS OUR ACTION TONIGHT. >> COMMISSIONER BOLTON THAT CAN BE DONE AT THAT TIME WHEN WE GET TO D AS WE HAVE DONE THOSE ITEMS IN THE PAST, IF THEY'VE RISE TO THE LEVEL OF SUBSTANTIVE, WE CAN HANDLE IT AT THAT TIME. LET'S KEEP OUR AGENDA THE WAY IT IS IN PLACE. [OVERLAPPING]. >> WITH THE UNDERSTANDING OF COMMENTARY THAT JUST [OVERLAPPING]. >> YOUR COMMENTARY HAS BEEN NOTED. >> THANK YOU, MADAM MAYOR. >> WITH THAT WE WILL GO TO OUR CONSENT AGENDA. IT IS LEFT AS IS. CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU, MADAM MAYOR. COMMISSIONER VILLALOBOS? >> YES. >> COMMISSIONER RIGH. >> YES. >> DR. DANIEL. MY APOLOGIES. TODAY, I DIDN'T ASK FOR A MOTION. DID I OR NOT? I DIDN'T ASK FOR A MOTION. >> YOU DID NOT. >> WE'LL START ALL OVER AGAIN. REWIND. I'LL TAKE A SECOND TO MY MOTION TO PASS THE CONSENT AGENDA PLEASE. >> SECOND. >> COMMISSIONER VILLALOBOS HAS SECONDED. NOW WE CAN DO THE ROLL CALL. SORRY ABOUT THAT. THAT WAS MY APOLOGIES FOR MY SEA LEGS. GO AHEAD. >> COMMISSIONER VILLALOBOS. >> YES. >> COMMISSIONER WRIGHT? >> YES. >> COMMISSIONER DANIEL? >> YES. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER BOLTON? >> YES. >> MOTION PASSES FIVE TO ZERO. THANK YOU. >> THANK YOU. NOW WE'LL GO TO OUR REGULAR AGENDA ITEM 58TR13874. [5.a TR13874 - A Resolution of the City Commission of the City of Tamarac, Florida, approving a $250,000.00 Façade and Exterior Improvement Grant Agreement with Millennium Estates, LLC as part of the City’s economic development program for a comprehensive renovation to McNab Commercial Plaza, 8005 W. McNab Road; Providing for Conflicts; Providing for Scrivener Errors; Providing for Severability; and Providing for an Effective Date] CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD. >> YES, MADAM MAYOR. MEMBERS OF THE COMMISSION, THIS IS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A $250,000 FACADE IN EXTERIOR IMPROVEMENT GRANT AGREEMENT WITH MELANOMA STATES LLC AS PART OF THE CITY'S ECONOMIC DEVELOPMENT PROGRAM FOR A COMPREHENSIVE RENOVATION TO THE MCNAB COMMERCIAL PLAZA, 8005 WESTMINSTER ABBEY ROAD, PROVIDING FOR CONFLICTS, PROVIDING PRESCRIPTIVE SERVICE, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU. I'LL TAKE A MOTION AND A SECOND, PLEASE. >> SO MOVED. >> SECOND. >> COMMISSIONER BOLTON WITH THE MOTION. COMMISSIONER VILLALOBOS WITH THE SECOND. WE WILL NOW HEAR FROM LORI FUNDERWHITE OUR ECONOMIC DEVELOPMENT MANAGER. [01:05:05] >> GOOD EVENING, MAYOR, VICE MAYOR AND COMMISSIONERS. FOR THE RECORD, LORI FUNDERWHITE ECONOMIC DEVELOPMENT MANAGER. THIS ITEM BEFORE YOU TONIGHT IS IT PROPOSED PLAZA FACADE AND EXTERIOR IMPROVEMENT GRANT AGREEMENT FOR A COMPREHENSIVE PLAZA RENOVATION PROJECT TO THE MCNAB COMMERCIAL PLAZA PROPERTY AT 8005 WEST MCNAB ROAD, WHICH IS LOCATED AT THE NORTHWEST CORNER OF WEST MCNAB AND NORTHWEST 80F. A TOUGH STRATEGIC GOAL FOR ECONOMIC DEVELOPMENT IN TAMARAC IS TO REVITALIZE, MODERNIZE, DEVELOP AND REDEVELOP TAMARAC'S COMMERCIAL CORRIDORS AS IT'S OUTLINED IN ALL OF OUR PLANS. INCLUDING OUR ECONOMIC DEVELOPMENT STRATEGIC PLAN THAT WAS ADOPTED IN 2018, AS WELL AS OUR ARTERIAL REDEVELOPMENT STUDY AND OUR TAMARAC STRATEGIC PLAN. THE ADOPTED ECONOMIC DEVELOPMENT STRATEGIC PLAN RECOMMENDED A DEVELOPER INCENTIVES PROGRAM TO SPUR COMMERCIAL INVESTMENT AND THE PROGRAM WAS ADAPTED BY THE CITY COMMISSION IN JUNE OF LAST YEAR. TWO GRANT PROGRAMS WERE ADAPTED FOR 2022 THROUGH 2023. THE COMMERCIAL PLAZA OWNER FACADE AND EXTERIOR IMPROVEMENTS GRANT AND THE REAL ESTATE DEVELOPMENT ACCELERATOR GRANT. THESE GRANT PROGRAMS WERE LAUNCHED TO INCENTIVIZE PRIVATE SECTOR INVESTMENT WITH THE GOAL OF REVITALIZING TAMARAC'S COMMERCIAL CORRIDORS AND ENHANCING THE ABILITY WITH MODERNIZED PROPERTIES TO ATTRACT QUALITY RETAIL AND COMMERCIAL BUSINESSES. THE RECOMMENDED PLAZA PROPERTY FACADE GRANT AWARD BEFORE YOU THIS EVENING IS FOR AS I MENTIONED, MCNAB COMMERCIAL PLAZA. WHICH FOR YOUR REFERENCE IS THE PLAZA THAT INCLUDES THE GOLF TRADER AND REJOICE CAFE BUSINESSES. THE PLAZA PROPERTY IS 2.75 ACRES WITH THE NEARLY 33,000 SQUARE FOOT TWO-STORY PLAZA BUILDING THAT WAS CONSTRUCTED IN 1988 AND IS CURRENTLY 85 PERCENT OCCUPIED WITH 24 OFFICE AND RETAIL TENANTS. THE PLAZA OWNER, MILLENNIUM ESTATES LLC, IS PLANNING A $320,000 RENOVATION PROJECT THAT INCLUDES SIGNIFICANT EXTERIOR RENOVATION OF THE ENTIRE PROPERTY. IT IS IMPORTANT TO NOTE, I THINK AT THIS STAGE, THAT THIS PROJECT IS CONCEPTUAL. THE PROJECT SCOPE OF WORK IS OUTLINED IN THE GRANT AGREEMENT. IF THE GRANT AGREEMENT IS APPROVED TONIGHT, THEN THE NEXT STEP WILL BE FOR THE PLAZA OWNER TO FINALIZE THE SITE PLANS AND SUBMIT AN APPLICATION FOR MINOR SITE PLAN APPROVAL, WHICH WILL DETAIL THE UPGRADED PARKING LOT DESIGN, LIGHTING AND LANDSCAPING DETAIL. ALSO, THE PLAZA OWNER WILL BE REQUIRED TO SUBMIT A COMPREHENSIVE SIGNAGE PLAN APPLICATION FOR APPROVAL, SO THAT THE NEW TENANT AND MONUMENT SIGNAGE WILL HAVE A COHESIVE DESIGN THROUGHOUT THE UPDATED PLAZA. AGAIN, ALL OF THIS IS STIPULATED IN THE GRANT AGREEMENT. THIS PROJECT MEETS THE FACADE GRANT PROGRAM GOAL OF A COMPREHENSIVE AND TRANSFORMATIVE EXTERIOR PLAZA RENOVATION, WHICH WILL REVITALIZE A PROMINENT COMMERCIAL PROPERTY IN TAMARAC. A FEW OF THE PROJECT HIGHLIGHTS INCLUDE UPDATING THE EXISTING PLAZA FACADE WITH NEW SMOOTH STUCCO FINISH IN MODERN EARTH TONES WITH THE RESTORATION AND REFINISHING OF THE AWNINGS, RAILINGS AND THE SPANISH TILE. THE APPLICANT WILL COMPLETE A PHOTOMETRIC STUDY AND UPDATE ALL OF THE EXTERIOR LIGHTING FIXTURES WITH NEW MODERN LIGHTING. NEW SIGNAGE WILL BE INSTALLED THROUGHOUT THE PLAZA FOR BOTH BUSINESS TENANTS, AS WELL AS PLAZA MONUMENTS, SIGNAGE. A COMPREHENSIVE SIGN PLAN, AS I MENTIONED, WILL BE SUBMITTED FOR APPROVAL. ADDITIONALLY, THE PROJECT OF SCOPE INCLUDES REPAIRS TO THE BUFFER WALL, SCREENING THE ROOFTOP EQUIPMENT AND UPGRADING THE GARBAGE ENCLOSURE. THERE WILL ALSO BE NEW AND UPGRADED LANDSCAPING THROUGHOUT THE SITE AND THE PARKING LOT WILL BE RECONFIGURED TO ADD NEW CURBING AND PARKING ISLANDS WITH LANDSCAPING THAT DO NOT EXIST NOW. THIS WILL BRING THE PARKING LOT AND LANDSCAPING OF THE PLAZA TO THE CURRENT CODE STANDARDS FOR NEW PLAZA CONSTRUCTION. HERE ARE SOME OF THE BEFORE AND AFTER PICTURES OF THE PLAZA. AGAIN, THESE ARE CONCEPTUAL RENDERINGS. THE DETAILS WILL BE WORKED OUT UPON GRANT AGREEMENT APPROVAL. PHOTOS OF THE CURRENT FRONT FACADE NEXT TO THE CONCEPTUAL RENDERING OF THE IMPROVED PROPERTY WITH COMPREHENSIVE FACADE RENOVATION AND LANDSCAPING. THIS IS LOOKING NORTH AND SLIGHTLY EAST. HERE'S ANOTHER VIEW OF THE PLAZA UPDATES LOOKING NORTH AND WEST. NOTE HERE THAT THE MONUMENT SIGNAGE AND PARKING LOT LANDSCAPING SHOWN ARE CONCEPTUAL PLACEHOLDERS ON THE RENDERING. THE NEW LANDSCAPING PARKING ISLANDS AREN'T SHOWN ON THE RENDERINGS HERE. THOSE DETAILS WILL BE AGAIN FINALIZED LATER AND SUBMITTED FOR SITE PLAN APPROVAL. [01:10:02] SOME MORE BEFORE AND AFTER PICTURES. NOTE AGAIN, SOME ADDITIONAL PICTURES HERE. THE TENANT SIGNAGES IN THE ADDITIONAL LANDSCAPING WILL BE ADDED TO THE FINAL SITE PLAN AND PROJECT, ALL OF WHICH IS NOT YET SHOWN. IN TERMS OF PROCESS FOR GRANT APPLICATIONS, WE DO HAVE A STAFF GRANT REVIEW PANEL OR GRP FOR SHORT, THAT REVIEWS, EVALUATES AND IMPROVES PROJECT APPLICATIONS TO RECOMMEND TO THE CITY COMMISSION FOR GRANT AGREEMENT CONSIDERATION. GRP APPOINTEES INCLUDE MYSELF, OUR CITY ENGINEER, A SENIOR PLANNER, ZONING OFFICIAL, OUR CHIEF BUILDING OFFICIAL, THE BUDGET MANAGER AND OUR CODE COMPLIANCE MANAGER. THE STAFF GRP HAS REVIEWED THE PROJECT APPLICATION FOR THE PLAZA OWNER FACADE AND EXTERIOR IMPROVEMENTS GRANT PROGRAM. UNANIMOUSLY RECOMMENDS THE GRANT AGREEMENT AND AWARD WITH MILLENNIUM ESTATES, LLC FOR THIS MCNAB COMMERCIAL PLAZA PROJECT AT 8005 WEST MCNAB. HAVING DETERMINED THAT THIS PROJECT MEETS THE ELIGIBILITY CRITERIA AND WILL ACHIEVE THE GOAL OF SIGNIFICANT COMMERCIAL PROPERTY REVITALIZATION. UPON GRANT AGREEMENT APPROVAL, SHOULD THE CITY COMMISSION APPROVE THE GRANT AGREEMENT THIS EVENING, THE PLAZA OWNER HAS SIX MONTHS TO BEGIN THE PROJECT AND 18 MONTHS TO COMPLETE IT. THIS IS A REIMBURSEMENT GRANT PROGRAM WHEREBY THE 250,000 IN GRANT FUNDS WILL BE RELEASED UPON SUCCESSFUL PROJECT COMPLETION OF THE PROJECT SCOPE, BUILDING INSPECTION APPROVALS AND UPON AN ITEMIZED FUNDING REQUESTS WITH PAID INVOICES AS STIPULATED IN THE GRANT AGREEMENT. FUNDS FOR THIS PROGRAM HAD BEEN PREVIOUSLY APPROVED BY THE CITY COMMISSION AND ALLOCATED WITHIN THE GENERAL FUND FOR ECONOMIC DEVELOPMENT PURPOSES. THIS COMPLETED FACADE AND EXTERIOR RENOVATION PROJECT WILL RESULT IN A TRANSFORMED AND REVITALIZED PROPERTY. INCLUDING AN UPDATED FACADE, UPGRADED LANDSCAPING, LIGHTING AND PARKING LOT IMPROVEMENTS THAT WILL BRING THIS EXISTING PLAZA TO THE CITY'S UPDATED LAND DEVELOPMENT CODE STANDARDS FOR NEW PLAZA DEVELOPMENTS. THE DEVELOPER INCENTIVES AND ECONOMIC DEVELOPMENT GRANT PROGRAM IS AGAIN A TARGETED AND STRATEGIC FOCUS INVESTMENT BY THE CITY TO FACILITATE TRANSFORMATIVE CHANGE IN TAMARAC'S COMMERCIAL CORRIDORS AND REDEVELOPMENT AREAS. PROJECTS ARE RECOMMENDED TO THE CITY COMMISSION FOR GRANT AGREEMENT APPROVAL FOR THEIR OVERALL ECONOMIC AND COMMUNITY IMPACT TO SPUR INVESTMENT AND REVITALIZE OUTDATED COMMERCIAL PROPERTIES, ATTRACT NEW BUSINESSES. IN DOING SO, INCREASE THE COMMERCIAL TAX BASE. WITH THAT, I WILL CLOSE. WITH ME HERE TONIGHT IS PLAZA OWNER AGAMBEN TOBROCK. WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. THANK YOU. >> COMMISSIONER BOLTON. >> THANK YOU, MAYOR. LORI, GREAT PRESENTATION AND THANK YOU SO VERY MUCH FOR WORKING ON ECONOMIC DEVELOPMENT BELIEVE THAT YOUR JOB IS WELL NEEDED THAN THE CITY. TELL ME ABOUT SAFEGUARDS. HOW DO WE ENSURE THAT AFTER THE FACADE IMPROVEMENTS ARE DONE, THAT THE OWNER OF THE PLAZA JUST DOES NOT TURN AROUND AND SELL THE PLAZA FOR A PROFIT? >> WE DO HAVE SAFEGUARDS IN PLACE INCLUDING A MAINTENANCE AGREEMENT. I THOUGHT YOU MIGHT BE HEADED IN THAT DIRECTION. WE DO HAVE SOME SAFEGUARDS LIKE THAT IN PLACE WITHIN THE GRANT AGREEMENT. AS FAR AS SELLING THE PLAZA, THE PROPERTY OWNER CAN SELL THE PLAZA IF THEY WISH, IF THEY DO AND WE DISCUSSED THIS WHEN WE ADAPTED THE GRANT PROGRAM. BASICALLY, THE CITY WILL HAVE RECEIVED FOR ITS INVESTMENT ALL OF THE EXTERIOR RENOVATIONS AND REVITALIZED PROPERTY. SO WE WILL HAVE THE PUBLIC BENEFIT OF THE INVESTMENT THAT WE'RE MAKING FOR ECONOMIC DEVELOPMENT PURPOSES. >> SO ESSENTIALLY, SOMEBODY WOULD GET $250,000 FROM THE CITY, HAVE THE ABILITY TO TURN AROUND AND SELL THE PLAZA AT A PROFIT AND THE CITY THINKS THAT THE BENEFIT IS BEAUTIFICATION OF THE PLAZA? >> ABSOLUTELY. THE REVITALIZATION OF THE PLAZA, REVITALIZING OUR COMMERCIAL CORRIDORS WITH THE ABILITY OF A MODERNIZED PLAZA TO ATTRACT NEW BUSINESSES INTO THAT PLAZA. >> UNDERSTAND THAT MS. VANNA WHITE, BUT WE HAVE TO BE COGNIZANT OF THE FACT THAT DEVELOPERS ARE SOMETIMES LOOKING TO REDEVELOP A CERTAIN PARCEL, CERTAIN BUILDINGS, SO WHAT ARE THE SAFEGUARDS IF THE PLAZA OWNER KNOCKS DOWN THE BUILDING AND WANTS TO BUILD APARTMENTS, THE NEW OWNER? [01:15:04] THEN WHERE IS OUR RETURN ON INVESTMENT THERE, IN THAT SCENARIO? >> IN THAT SCENARIO, THAT WOULD BE DIFFICULT, I WILL ADMIT. WE MAY NEED TO TAKE A LOOK AT IT, REVISING OUR REQUIREMENTS IN OUR GUIDELINES FOR THE PROGRAM. >> YOU DON'T THINK THAT WE SHOULD UPFRONT REVISE THE PLAN NOW SO THAT THOSE SAFEGUARDS ARE IN PLACE BEFORE WE GIVE THIS GRANT AWARD? I KNOW THAT WHEN COMMUNITY DEVELOPMENT IS PROVIDING GRANTS TO HOMEOWNERS FOR HOME REHABILITATION PROGRAMS, THAT THEY HOLD RESONANCE FOOT TO THE FIRE AND MAKING SURE THAT IF THEY SELL THE HOUSE, THEN THEY HAVE TO PAY THAT LOAN BACK. WHY IS IT THAT WE'RE NOT HOLDING BUSINESS OWNERS ACCOUNTABLE AT THE SAME PROCESS. >> WELL, FOR THE PLAZA OWNERS, WE DEFINITELY COULD DO THAT. WE COULD TAKE A LOOK AT DOING THAT. >> RECLAIMING MY TIME. GO AHEAD. >> WE DEFINITELY COULD TAKE A LOOK AT ADDING THAT TO OUR PROGRAM. WE DISCUSSED THAT WHEN WE ESTABLISHED THE PROGRAM AND DECIDED IT WAS WORTH THE INVESTMENT TO REVITALIZE THE ENTIRE PROPERTY WITH THE BUSINESSES INTACT. WE COULD MAKE THOSE CHANGES TO OUR GUIDELINES AT THE COMMISSION'S WISH TO REQUIRE THE PROPERTY OWNER TO MAINTAIN OR TO KEEP THE PROPERTY FOR A PERIOD OF TIME, TWO YEARS, FOR EXAMPLE, WHICH IS WHAT SOME OTHER PROGRAMS HAVE DONE. >> WOULD YOU BE ABLE TO GET THAT DONE BEFORE WE VOTE ON THIS ITEM IN THAT FASHION? I THINK THAT THE CITY COMMISSION HAS A FIDUCIARY DUTY TO MAKE SURE THAT TAXPAYER DOLLARS ARE SPENT WISELY, AND WHEREVER WE GET THESE FUNDS FROM, WE HAVE TO MAKE SURE SPENT WISELY. WE LIVE IN A TIME WHERE PEOPLE ARE KNOCKING DOWN BUILDINGS AND PUTTING UP NEW ONES. WE JUST HEARD FROM THE NEWSPAPER THAT CHEDDAR'S MAY BE KNOCKED DOWN AND REBUILT INTO MIXED-USE DEVELOPMENT OR APARTMENTS. THIS IS A REAL SCENARIO. IT COULD HAPPEN. I THINK THE PROGRAM IS GREAT. I THINK WE ARE HEADING IN THE RIGHT DIRECTION, MAKING SURE THAT TAMARAC LOOKS BEAUTIFUL, EVERYTHING IS NICE AND CLEAN. BUT I THINK THAT THIS PART OF THE DEAL SHOULD BE IRONED OUT FIRST. >> MS. VANNA WHITE, CITY MANAGER WOULD LIKE TO SAY SOMETHING. >> I'D JUST LIKE TO SAY SHOULD THAT BE THE DESIRE OF THE COMMISSION. IT COULD BE A CONDITION OF APPROVAL THAT WE COULD ADD A CERTAIN AMOUNT OF TIME THAT WOULD BE REQUIRED FOR THE PROPERTY OWNERS TO HOLD ONTO THE PROPERTY. >> CITY ATTORNEY, I HAVE A QUESTION FOR YOU. IN JUST IN THE MIDDLE OF COMMISSIONER BOLTON'S TIME ON ILLEGALITY. THE SITUATION IS THIS. THIS IS AN ESTABLISHED PROGRAM THAT HAS BEEN DISCUSSED BY THIS COMMISSION IN ADVANCE BEFORE IT WENT FORWARD. THERE'S CURRENTLY A NEW AWARD WINNER OUT THERE WHO'S RECEIVED FUNDS AND IT HAS NOT BEEN DISCUSSED. WE HAVE THE WINN-DIXIE PLAZA WHO HE'S RECEIVED A GRANT. WOULD THERE BE AN ESTOPPEL ARGUMENT CONSIDERING THIS APPLICANT HAS PUT FORTH, I'M NOT SAYING WHAT COMMISSIONER BOLTON SAYING IS INCORRECT. BUT IT WAS AN ITEM THAT WAS DISCUSSED IN THE COMMISSION AT THE TIME I DECIDED TO GO THROUGH WITH THE PROCESS AS IT IS DUE TO OTHER PROGRAMS THAT WE TRIED TO PUT IN THE PAST TO HELP OUR BUSINESSES AND THEY WERE NOT WORKING AND THAT WAS WHY THIS PROGRAM WENT THROUGH IN THIS CAPACITY. AS SUCH, MY QUESTION TO YOU REGARDING THIS APPLICANT, I'M NOT SURE HOW MANY OTHER APPLICANTS ARE IN THE PIPELINE AND THE RELIANCE ON THE GRANT PROGRAM IN THE MANNER WHICH IT CURRENTLY IS TO PUT A POTENTIAL BURDEN ON THE APPLICANT. WHETHER WE FEEL IT'S A RIGHT OR WRONG THING SITUATION, IS IRRELEVANT. COULD THERE BE AN ISSUE FOR THE CITY? >> COULD THERE BE AN ISSUE? YES. BUT THERE'S A SOLUTION, IN MY OPINION AND MY ADVICE TO THIS COMMISSION IS, UNTIL YOU AWARD THE ACTUAL GRANT, NOTHING HAS BEEN CONSUMMATED AND YOU COULD SAY NO TO THIS PARTICULAR AWARD. WITH THE INSTRUCTIONS TO STAFF TO GO BACK AND REFASHION ANYONE WHO [01:20:05] CURRENTLY HAS SUBMITTED AND I DON'T KNOW HOW MANY ARE IN THE PIPELINE BEYOND THIS PARTICULAR ONE, THAT THIS NEW CONDITION WOULD BE IMPLEMENTED AND EVERYONE HAS TO RESUBMIT WITH THAT KNOWLEDGE AN ALTERNATIVE TO ADDRESS THE MATTER CURRENTLY BEFORE YOU. LET ME GO BACK AND ANSWER YOUR QUESTION ABOUT THE WINN DIXIE SITUATION. YOU'VE ALREADY AWARDED IT, THAT GRANT AGREEMENT HAS BEEN EXECUTED, THAT SHIP HAS SAILED. YOU CAN ASK THE APPLICANT, WHO APPEARS TO BE, ACCORDING TO MS. VANNA WHITE, IS HERE TONIGHT, SO WHETHER OR NOT HE AGREES TO VOLUNTARILY AGREED TO THE CONDITION OF HOW MANY YEARS IT IS THAT HE HAS TO MAINTAIN OWNERSHIP AND THE EXISTING FACADE, AND HAVE HIM SAY YES TO THAT AND THAT WE WILL THEN MAKE SURE TO IMPLEMENT THAT IN THE PROGRAM GOING FORWARD AND YOU CAN MAKE THE GRANT AWARD HERE THIS EVENING IF THE APPLICANT VOLUNTARILY AGREES TO THAT CONDITION. LAST BUT NOT LEAST, IT WOULD BE REMISS NOT SAYING THAT YOU ALL ULTIMATELY HAVE THE CONTROL OF WHAT HAPPENS TO MANY OF THESE PROPERTIES TO COMMISSIONER BOLTON'S POINT, WHICH IS ABSOLUTELY CORRECT. AS THE MARKET DICTATES WHO'S SELLING WHAT, WHO'S KNOCKING DOWN AND WHOSE REBUILDING. BUT YOU STILL HAVE TO GO THROUGH THE PROCESS OF REZONING AND GOING THROUGH THE FORMAL PROCESS OF OBTAINING THE ENTITLEMENTS IF IT'S NOT ALREADY ZONED FOR THE USE AT SOMEONE PROPOSES TO CHANGE IT TO. THERE ARE SOME SAFEGUARDS IN PLACE, BOTH PRACTICALLY AND FACTUALLY AND TO THE SPECIFIC QUESTION OF IMPOSING THIS AS A CONDITION. IF THE APPLICANT IS WILLING TO DO SO VOLUNTARILY, THEN THEY CAN COME FORWARD, PUT THAT INTO THE RECORD, AND WE WILL MAKE SURE THAT THAT GRANT AGREEMENT THEN GETS EXECUTED SUBJECT TO THAT CONDITION AND IT GETS RECORDED IN THE PUBLIC RECORD SO THERE'S AN ENFORCEMENT TOOL. >> THANK YOU. COMMISSIONER BOLTON, THE FLOOR IS BACK TO YOU IF YOU WISH TO SPEAK. >> THANK YOU, MAYOR. I WOULD LIKE TO ASK FOR THE APPLICANT TO COME DOWN TO, THE APPLICANT IS HERE? >> YES. >> GOOD EVENING. THIS IS [INAUDIBLE] ), I'M THE OWNER OF THE PLAZA. >> AWESOME. THANK YOU FOR BEING HERE AND I FREQUENT YOUR PLAZA BECAUSE THERE'S A BUSINESS IN THERE THAT I ENJOY GOING TO. WOULD YOU AGREE TO LET'S SAY, AFTER THE PROJECT IS A COMPLETE AND YOU'VE GOTTEN ALL OF YOUR APPROVALS AND THAT STUFF FROM THE CITY, THAT YOU WILL NOT SELL THE BUILDING FOR AT LEAST TWO YEARS. >> OKAY I WOULD NOW HAVE AGREE. BUT WE WILL YOU MAKE OTHER POSSESS THE SAME THING OR IT WILL BE JUST ME? >> AFTER THIS OBVIOUS CONVERSATION, THE COMMISSION WILL GO BACK THROUGH A WORKSHOP AND DISCUSS WITH OUR CITY TEAM, DISCUSSING THIS FURTHER, WITH PUTTING THIS INTO OUR APPLICATION PROCESS. WE CANNOT SAY FOR CERTAIN RIGHT NOW. OTHER THAN THAT, IF THIS GOES THROUGH OUR CONSENSUS WILL SEEM TO BE. >> I JUST WANTED TO BE FAIR FOR. >> UNDERSTAND. FAIR FOR ALL IS WHAT YOU'RE SEEKING AND WE CANNOT BIND IT RIGHT NOW UNTIL WE DO IT IN A PROPER FORMAT, OKAY? >> YEAH. IT'S OKAY FOR ME. >> OKAY. YOU DON'T FEEL LIKE YOU'RE UNDER DURESS TO DO IT OR ANYTHING LIKE THAT? >> NO. I WAS ALWAYS SEEMED TO HOLD ONTO IT SO FOR ME IT'S NOT A PROBLEM. >> OKAY. THANK YOU SO MUCH. >> NO PROBLEM. >> THAT'S IT. >> THANK YOU. COMMISSIONER VILLALOBOS. >> FIRST OF ALL, THANK YOU FOR APPLYING FOR THE GRANT, AND WE APPRECIATE IT BECAUSE YOU ARE THE SECOND ONE TO POSSIBLY GET IT TONIGHT. I DO WANT TO ASK THE QUESTION TO MS. MAXINE OR WHOEVER CAN ANSWER THIS QUESTION. IS THIS PARTICULAR PROPERTY ZONE FOR ANYTHING ELSE OTHER THAN WHAT IT'S USED FOR IT NOW? [NOISE] >> IT'S A MIXED USE DESIGNATION, WHICH MEANS IT CAN HAVE COMMERCIAL AS WELL AS RESIDENTIAL. MOST OF OUR PROPERTIES IN THE CITY AND WHEN WE UPDATED THE ZONING MAP IN 2018 PROVIDED FOR MIXED-USE DESIGNATION IN ALL ARE MAJOR CORRIDORS >> THANK YOU AND AS I BELIEVE WHAT MR. HERRON WAS SAYING THAT IT'S A DISCRETION TO [01:25:05] THIS COMMISSION TO DECIDE IF WE DO VOTE IN FAVOR OF A MIXED USE LOCATION. I DON'T THINK THAT THIS COMMISSION SHOULD DENY THE APPLICANT TONIGHT. JUST FOR THE FACT THAT THERE'S ALREADY BEEN A LOT OF DUE DILIGENCE PREPARED FROM THE APPLICANT WITH THE CITY, WE CAN DO IT CONDITIONALLY AND I THINK PUTTING A TWO-YEAR TERM ON IT WITHOUT FURTHER DISCUSSING THAT AND HAVING DATA BEHIND IT WOULD BE UNFAIR FOR THE APPLICANT BECAUSE PROBABLY IT'S A FIVE-YEAR NORMALCY THROUGHOUT THE COUNTY OR THROUGHOUT ANYWHERE OR POSSIBLY EVEN ONE, BUT AGAIN, LIKE MS. LORI WAS SAYING THAT IT DOES BENEFIT THE COMMUNITY. IT MAKES DISTRICT FOR LOOKED PHENOMENON, MAKES MCNAB LOOK PHENOMENON, AND WHETHER WE APPROVE IT OR NOT, IT ULTIMATELY MAKES THE CITY BETTER. I'M NOT SURE IF SAYING TWO YEARS AT THIS POINT BY ONE MEMBER OF THIS COMMISSION IS THE PROPER TIMING OTHER THAN A WORKSHOP FOR THAT TIME-FRAME. I WOULD NOT AGREE WITH A TWO-YEAR TERM WITHOUT BEING FIRST DISCUSSED AT A WORKSHOP OR FURTHER INFORMATION FROM COMMUNITY DEVELOPMENT. THANK YOU. >> THANK YOU. >> COMMISSIONER DANIEL. >> I FREQUENT YOUR PLAZA A LOT. THANK YOU FOR AGREEING TO THE TWO-YEAR AND THANK YOU COMMISSIONER BOLTON FOR MENTIONING THAT AND BRINGING THAT TO OUR ATTENTION BECAUSE IF RESIDENTS ARE REQUIRED TO HAVE SOME TYPE OF STIPULATION LIKE THAT, I THINK IT'S ONLY FAIR THAT BUSINESS AS WELL NEED TO HAVE THAT REQUIREMENT. THANK YOU SO MUCH AND I'M SO GLAD TO HEAR THAT YOU WERE PLANNING ON HOLDING ONTO THE PROPERTY ANYWAY. >> THANK YOU VERY MUCH FOR THIS MAKING COME TRUE. >> WELL, I FREQUENT YOUR SHOP QUITE OFTEN. >> YES. >> [LAUGHTER] I SEE YOU THERE. I THANK YOU FOR PUTTING THE DILIGENCE IN TO WANT TO DO THE WORK. I THINK THE CONVERSATION TO BE HAD REGARDING THE TWO YEARS IS SOMETHING THAT WILL BE HEARD AT A FUTURE WORKSHOP. SEE THE CONSENSUS ON THAT AND THAT'LL BE HANDLED. FOR THE SAKE THAT YOU'VE ALREADY AGREED BECAUSE YOU WEREN'T PLANNING ON SELLING THE PROPERTY, IT FEELS LIKE A MOOT ISSUE TO ME, BUT SINCE YOU'VE ALREADY AGREED TO IT, I THINK WE PUT IT IN AND WE GO FORWARD. AS FOR THE CONCERNS THAT PEOPLE HAVE AND AS MUCH AS I RESPECT NEWSPAPERS AND REPORTERS AND ALL THIS STUFF, THE WAY THE REALITY IS PEOPLE CAN MAKE AN APPLICATION DOESN'T MEAN THAT THEY MAKE THE APPLICATION THAT IT GOES THROUGH. SOMEBODY MAKES AN APPLICATION FOR CHATTER'S AND SAYS THAT THEY WANT TO DO THIS AS COMMISSIONER VILLALOBOS WAS SAYING, IT HAS TO COME BACK TO US. IT ACTUALLY BEFORE EVEN COMES TO US, IT GOES THROUGH COMMUNITY DEVELOPMENT. THEY GO THROUGH DRC, THERE'S A WHOLE STRINGENT PLAN. SOME OF THE FEAR THAT IS BEING THROWN OUT THERE THIS EVENING IS JUST THAT THERE'S A VERY GOOD STRONG PROCESS, SO PLEASE PEOPLE DON'T FEAR. IF YOU HAD DECIDED TO SELL YOUR PLAZA TO SOMEBODY WHO WANTS TO BUILD SOMETHING, JUST BECAUSE THEY CAN, DOESN'T MEAN IT WILL HAPPEN. ANYWAY, THAT ASIDE, I THINK UNLESS YOU HAVE ANY COMMENTS, COMMISSIONER AND I SEE NOBODY ELSE. COMMISSIONER BOLTON WANTS TO SPEAK AGAIN, SO WE'LL GO BACK TO HIM IN A MOMENT AND THEN IF YOU'D LIKE, YOU CAN SIT UNLESS COMMISSIONER BOLTON NEEDS YOU FURTHER. >> THANK YOU. >> THANK YOU. >> THANK YOU, MAYOR AND MS. CALLOWAY, YOU CONFIRMED MY POINT THAT THAT PLAZA IS ZONED MIXED USE AND BECAUSE THE PLAZA IS ONLY COMMERCIAL RIGHT NOW, ENTITLEMENTS COME INTO PLAY, A NEW DEVELOPER WOULD BE ENTITLED TO KNOCK IT DOWN AND BUILD COMMERCIAL ON BOTTOM RESIDENTIAL AT TOP OR HOWEVER THEY WANT TO DO IT. IT'S NOT FAIR THAT I'M PUTTING OUT THERE, IT'S MORE THIS CAN HAPPEN AND IT IS ALREADY ZONED FOR THAT. IF WE DO NOT, THEN IN THE FUTURE GIVE SOMEBODY THE APPROVALS, THEN THEY COULD SUE US BECAUSE THEY ARE SAYING THAT THEY ARE ENTITLED. MS. CALLOWAY, CAN YOU COME DOWN AND ANSWER THAT. JUST TALK A LITTLE BIT MORE ABOUT ENTITLEMENTS AND ARE THEY ENTITLED OR NOT? >> THERE ARE CERTAIN VESTING RIGHTS THAT PROPERTY OWNERS AS IT RELATES TO THE ZONING THAT EXISTS AND THE LAND USE THAT [01:30:03] EXISTS ON THEIR PROPERTY AND SO IF THEY BELIEVE THAT THEY ARE ENTITLED TO A CERTAIN ZONING OR DENSITY, OR INTENSITY OR USE, THEN AS TO WHETHER OR NOT THEY'D BE SUCCESSFUL, I CAN'T SPEAK TO THAT, BUT THEY MAY ACT ON THAT ENTITLEMENT. >> GOOD. SO THIS SAFE GUARD IS ABSOLUTELY WHAT WE SHOULD DO. I AGREE WITH COMMISSIONER VILLALOBOS THAT WE SHOULD NOT DENY THIS TONIGHT. YOU'VE OBVIOUSLY DONE SOME WORK AND WE KNEW THAT THIS WAS COMING, WE READ OUR BACKUP. I BELIEVE THAT WE SHOULD APPROVE THIS TONIGHT WITH A CONDITION THAT YOU HAVE VOLUNTARILY AGREED TO. SO CLERK, MAKE SURE THAT THAT IS IN THE RECORD AND THAT IS WHAT WE'RE VOTING ON AND MAKE SURE LORI, THAT GOING FORWARD, WE WORKSHOP THE ITEM OF PUTTING A STIPULATION LIKE TWO YEARS IN THE OTHER AGREEMENTS. BUT THAT IS NOT A PART OF THIS ITEM, BUT THAT'S JUST A STICKY NOTE. THANK YOU SO MUCH. >> THANK YOU. COMMISSIONER, THE CITY MANAGER HANDLES THE ITEMS FOR WORKSHOP, AND THE CITY MANAGER WILL PUT THE ITEM ON A WORKSHOP AGENDA FOR DISCUSSION ON HOW THE GRANT PROGRAM WILL BE HANDLED GOING FORWARD AND FOR DISCUSSION VERSUS IT BEING DIRECTED TO MS. [INAUDIBLE] I HAVE A BATTERY LIGHT ON HERE. I CAN'T TELL RIGHT NOW. THANK YOU. SEEING NOBODY ELSE WISHES TO SPEAK ACTUALLY, THE CURRENT MOTION ON THE TABLE IS TO APPROVE THIS GRANT. THE APPLICANT, THROUGH THE PROCESS THIS EVENING HAS AGREED TO MAKE THE AMENDED CHANGE OF THE TWO YEARS. THEREFORE, WE DO NOT NEED A NEW MOTION FOR THIS ITEM. CORRECT CITY ATTORNEY? >> NO, THE MOTION WOULD INCLUDE A REQUIREMENT TO INCLUDE THE TWO-YEAR LIMITATION ON RESELL THE PROPERTY. >> BUT WE DON'T NEED A NEW MOTION AND A SECOND. IT'S ALREADY IN THERE. THAT'S ALREADY IN THERE. CITY CLERK, PLEASE CALL THE ROLE. >> THANK YOU, MADAM MAYOR. MAYOR GOMEZ? >> YES. >> COMMISSIONER BOLTON? >> YES. >> COMMISSIONER WRIGHT? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> DR. DANIEL? >>YES. >> THANK YOU. MOTION PASSES 5-0. >> THANK YOU VERY MUCH. WE'RE NOW MOVING ONTO 5B TR-13872. [5.b TR13872 - A Resolution of the City Commission of the City of Tamarac, Florida, electing a Vice Mayor to serve a term of one year beginning December 14, 2022 and ending November 2023, with no succession; providing for conflicts; providing for severability; and providing for an effective date] CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD. >> YES, MADAM MAYOR. MEMBERS OF THE COMMISSION, THIS IS RESOLUTION OF THE CITY COMMISSION, THE CITY OF TAMARAC, FLORIDA, ELECTING A VICE MAYOR TO SERVE A TERM OF ONE YEAR BEGINNING DECEMBER 14TH, 2022, AND ENDING NOVEMBER 2023 WITH NO SUCCESSION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU. I NEED A MOTION AND A SECOND. >> SO MOVED. >> SECOND. >> COMMISSIONER BOLTON MOTIONS. COMMISSIONER VILLALOBOS SECOND. I'LL OPEN THIS ITEM FOR PUBLIC COMMENTS. SEEING NO COMMENTS, IT IS CLOSED. OUR CITY CLERK, MISS DILLON, IS AVAILABLE FOR QUESTIONS. NOW IT IS TIME FOR DISCUSSION BY THIS COMMISSION. LET'S NOT ALL JUMP AT THIS ITEM AT ONCE. COMMISSIONER BOLTON. >> MAYOR, THE BACKUP INFORMATION SHOWS THAT THERE'S NOT NECESSARILY AN ORDER IN WHICH WE CHOOSE A VICE MAYOR. JUST GO BACK TO MY ITEM. IN 2015, WE HAD DISTRICT 3. 2016, WE HAD 4. 2017, WE HAD 2. IF WE WERE GOING IN AN ORDER FOR ROTATION, THEN IN 2018, WE WOULD HAVE GONE TO DISTRICT 1. IT WOULD'VE BEEN DISTRICT 3, 4, 2 AND 1. BUT WE WENT DISTRICT 3, 4, 2 AND THEN 4 AGAIN. THEN WE WENT TO 1, 3 AND 2. WITH THAT HISTORICAL DATA, I BELIEVE THAT I'M READY, AGAIN, TO TAKE THE ROLE OF VICE MAYOR. THAT WOULD BE MY PLEASURE. [01:35:06] >> COMMISSIONER BOLTON HAS NOMINATED HIMSELF TO BE THE VICE MAYOR. JUST FOR HISTORICAL KNOWLEDGE, BASICALLY THE ROLE OF THE VICE MAYOR HAS BEEN THAT SELECTED BY THE COMMISSION WHO FELT THAT IF IN A POSITION WHERE THE MAYOR WAS NOT AVAILABLE, THAT PERSON WOULD STEP UP AS LONG AS IT COULDN'T BE BACK-TO-BACK THROUGH THE YEARS. SO THAT IS ONE OF THE REASONS WHY YOU DON'T SEE A NORMAL ROTATION 1, 2, 3, 4. THAT BEING SAID, WE HAVE COMMISSIONER BOLTON IS NOMINATED. CITY ATTORNEY, YOUR LIGHT IS LIT. DO YOU WISH TO MAKE A COMMENT? >> YEAH. YOUR OPTIONS, NOT TO SAY THAT THEY'RE LIMITED, BUT BECAUSE YOU HAVE A PROVISION THAT SAYS THAT THERE'S NO SUCCESSION, NO REPETITION, THEN TO THE EXTENT THAT THERE'S ANYONE ELSE WHO DESIRES, THEN IT WOULD BE EITHER ONE OF THE NEW COMMISSIONERS. >> THE THING DOESN'T SAY REPETITION. FOR EXAMPLE, IF VICE MAYOR GELIN WAS STILL HERE, HE COULD NOT BE IT AGAIN BECAUSE HE WAS IT. BUT SEEING THAT HE'S NOT HERE, IT'S ACTUALLY OPEN FOR ANY SINGLE COMMISSIONER ON THIS DAY IS IT IS OPEN FOR AT THIS TIME. >> I STAND CORRECTED. I APOLOGIZE. >> NO WORRIES. >> THAT'S CORRECT. >> I'M NOT SEEING ANYTHING ELSE. ANYONE ELSE VOLUNTEERING? I HAVE A LOT OF QUESTION MARKS OVER PEOPLE'S HEADS, BUT I CAN'T ACTUALLY READ WHAT THE QUESTIONS ARE. I THINK I GOT YOURS. COMMISSIONER VILLALOBOS. >> I'D LIKE TO ALSO TAKE UP THE NOMINATION CONSIDERING THAT COMMISSIONER BOLTON WILL BE RUNNING IN 2024, GIVEN THE OPPORTUNITY TO RUN THE TITLE WITH VICE MAYOR. I'M NOMINATING MYSELF FOR THIS YEAR. >> COMMISSIONER, I KNOW I'M RIGHT HERE, BUT YOU'RE NOT OR YOU ARE? >> I AM. >> YOU'RE NOMINATING YOURSELF FOR VICE MAYOR FOR THIS YEAR. SO I HAVE COMMISSIONER VILLALOBOS, COMMISSIONER BOLTON. YOU DON'T HAVE TO SECOND. NO. I'M ACTUALLY JUST TRYING TO FIGURE OUT HOW TO PROCEDURALLY DO THIS. WE HAVE TWO PEOPLE HAVE ALREADY BEEN ON THE COMMISSION. CITY CLERK, HOW DO YOU PREFER I DO THIS? I DON'T NEED TO DO THIS VIA MOTION. I COULD DO THIS VIA CONSENSUS FIRST TO FIGURE IT OUT. OR YOU WANTED VIA A MOTION? >> I WOULD REFER TO THE CITY ATTORNEY TO ANSWER THAT, PLEASE. >> I BELIEVE THAT AT THIS POINT IN TIME, UNLESS THERE'S SOMEONE ELSE WHO IS WILLING TO EITHER BE NOMINATED OR NOMINATE THEMSELVES, IT WOULD BE APPROPRIATELY TO CLOSE THE NOMINATIONS AND THEN YOU WOULD TAKE A VOTE ON THE TWO NOMINATIONS THAT ARE ON THE FLOOR OF COMMISSIONER BOLTON AND COMMISSIONER VILLALOBOS. YOU CAN DO THAT BY VOICE VOTE OR BALLOTS THAT THEN WOULD BE READ INTO THE RECORD AS TO WHO GETS THE POSITION. >> SINCE I BELIEVE WE ARE NOT ALLOWED TO DO ANYTHING LIKE PAPERS FOLDED AND HANDED IT OVER. >> YOU CAN, BUT THEY BECOME PART OF THE RECORD. >> BUT THEY STILL HAVE TO HAVE OUR NAMES ON IT. >> THAT'S CORRECT. >> NO SECRETS HERE IN CITY HALL, DESPITE WHAT PEOPLE MAY BELIEVE. >> THAT'S ALL PUBLIC RECORD. IT'LL ALL BE READ INTO THE RECORD. THE WAY I'VE SEEN IT IS YOU [OVERLAPPING]. >> I COULD JUST GO DOWN WITH THE LINE AND SAY [OVERLAPPING]. >> OR JUST VOTE. >> CAN I JUST SAY [OVERLAPPING]. >> YES, MA'AM. >> CAN I GO DOWN LINE AND ASK WHO YOU SELECT, WHO YOU SELECT, WHO YOU SELECT, WHO YOU SELECT AND THEN GO. >> YES, MA'AM. >> MS. CLERK, ARE YOU GOOD WITH THAT? THEN WHOEVER GETS TO THREE FIRST, IS IT? >> WE HAVE A VICE MAYOR. >> COMMISSIONER BOLTON. >> I SELECT MARLON BOLTON. >> COMMISSIONER DANIEL. >> I SELECT COMMISSIONER BOLTON. >> I SELECT COMMISSIONER VILLALOBOS. >> I SELECT MYSELF. >> COMMISSIONER WRIGHT. >> I SELECT COMMISSIONER BOLTON. >> COMMISSIONER BOLTON, CONGRATULATIONS. YOU ARE THE VICE MAYOR. >> THANK YOU, MADAM MAYOR. >> THANK YOU. NOW THAT THAT IS DONE, WE ARE MOVING ON TO 5C. >> MADAM MAYOR. >> I NOW NEED A MOTION AND SECOND. >> YOU NEED A MOTION AND A ROLL-CALL BECAUSE YOUR CODE SAYS THAT ALL VOTES HAVE TO BE BY ROLL CALL. >> OKAY. >> IT WOULD BE A RESOLUTION [OVERLAPPING]. [01:40:02] >> I NEED A SECOND TO THE MOTION THAT COMMISSIONER BOLTON WILL NOW BE VICE MAYOR. >> SECOND. >> I'M GOING TO HAVE IT BE COMMISSIONER VILLALOBOS WAS A SECOND TO MY MOTION. I THINK IT MAKES IT LOOK NICE AND CLEAN. CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU, MADAM MAYOR. COMMISSIONER BOLTON? >> YES. >> DR. DANIEL? >> YES. >> COMMISSIONER RAY? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> MAYOR GOMEZ? >> YES. >> MOTION PASSED FIVE TO ZERO. THANK YOU. >> THANK YOU. >> CONGRATULATIONS AGAIN, VICE MAYOR BOLTON. WE ARE ON TO 5C TR13862, [5.c TR13862 - A Resolution of the City Commission of the City of Tamarac, Florida, approving Continuing Services Agreements with sixteen chosen firms for Architectural, Engineering, Landscape Architect, and Surveying Services; authorizing the execution of the Continuing Services Agreements; providing for the extension, and renewal of the Agreements or approval of assignments and other amendments to the Agreements and expenditure of appropriated funds by the City Manager or appropriate City Officials; Providing For Scrivener Errors, providing for severability; and providing for an effective date] CITY ATTORNEY, PLEASE READ THE TITLE ONTO US. >> YES, MADAM MAYOR, THIS IS A RESOLUTION OF THE CITY COMMISSIONERS, CITY OF TAMARAC, FLORIDA, APPROVING CONTINUOUS SERVICE AGREEMENTS WITH 16 CHOSEN FIRMS FOR ARCHITECTURAL ENGINEERING, LANDSCAPE ARCHITECT, AND SURVEYING SURFACES, AUTHORIZING THE EXECUTION OF THE CONTINUING SERVICES AGREEMENTS, PROVIDING FOR THE EXTENSION OF RENEWAL OF THE AGREEMENTS OR APPROVAL ASSIGNMENTS AND OTHER AMENDMENTS TO THE AGREEMENTS AND EXPENDITURES OF APPROPRIATED FUNDS BY THE CITY MANAGER OR APPROPRIATE CITY OFFICIALS, PROVIDING FOR SCRUTINY OF ERRORS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU VERY MUCH. I NEED A MOTION IN A SECOND, PLEASE. >> I HAVE A MOTION. >> COMMISSIONER DANIEL. >> SECOND. >> THANK YOU. THIS ITEM IS NOW OPEN FOR PUBLIC COMMENTS. ANYBODY WISHING TO MAKE COMMENTS, PLEASE DO SO. PUBLIC COMMENTS ARE NOW CLOSED. KEITH GLATZ OUR PURCHASING CONTRACTS MANAGER IS HEADING UP TO THE PODIUM TO MAKE A PRESENTATION. >> GOOD EVENING, MAYOR AND COMMISSION. KEITH GLATZ YOUR PURCHASING CONTRACTS MANAGER. I'M HERE TONIGHT TO SPEAK TO YOU ABOUT THE AWARD OF OUR CONTINUING SERVICES AGREEMENTS. FOR THOSE OF YOU THAT MAY NOT BE FAMILIAR WITH THESE TYPES OF AGREEMENTS, THESE ARE A UNIQUE REQUIREMENT OF FLORIDA STATUTE THAT ESTABLISHES WHAT'S KNOWN AS THE CONSULTANT'S COMPETITIVE NEGOTIATION ACT. FINALLY, KNOWN TO ALL OF US IN THE PROCUREMENT AND ENGINEERING COMMUNITY AS CCNA, WHICH PROVIDES A METHODOLOGY FOR GOVERNMENT ENTITIES TO ENGAGE THE FOLLOWING TYPES OF PROFESSIONAL SERVICES WHICH ARE SPECIFICALLY DELINEATED IN THE STATUTE. THOSE ARE ARCHITECTURE SERVICES, ENGINEERING SERVICES, LANDSCAPE ARCHITECTURE, AND SURVEYING SERVICES. BECAUSE OF THE MYRIAD OF PROJECTS THAT THE CITY IS INVOLVED IN, WE NEED THESE PARTICULAR PROGRAMS TO SUPPORT OUR OPERATIONS FOR THESE PARTICULAR PROFESSIONAL SERVICES. THE SPECIFIC FLORIDA STATUTE IS FOUND IN CHAPTER 287.055, AND THAT STATUTE SPECIFICALLY IDENTIFIES THAT LOCAL GOVERNMENTS MAY ESTABLISH CONTINUING SERVICES AGREEMENTS FOR THE ENGAGEMENT OF THE VARIOUS PROFESSIONAL SERVICES IDENTIFIED ABOVE. CONTINUING SERVICES SOLICITATION MUST BE QUALIFICATIONS BASED. THAT MEANS WE DON'T ASK FOR THEIR PRICING. PRICING MAY NOT BE CONSIDERED AS A FACTOR IN THE EVALUATION OF QUALIFICATIONS AS WELL AND IT'S NEGOTIATED AFTER THE FIRMS ARE SELECTED. CONTRACTS USED FOR PROFESSIONAL SERVICES MAY BE USED FOR PROJECTS INCLUDED IN THE SOLICITATION AND FOR NON-LISTED PROJECTS WHEN THE CONSTRUCTION VALUE IS UNDER $4 MILLION, ARE FOR TECHNICAL STUDIES UNDER $500,000. THE CITY HAS DEVELOPED A FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR VARIOUS CONSTRUCTION PROJECTS AND STUDIES WHICH REQUIRE THE USE OF THESE VARIOUS PROFESSIONAL SERVICES. AND THE CITY PROVIDED PROPOSING FIRMS WITH A LIST OF THE PROJECTS BASED ON OUR FIVE-YEAR CIP PLAN WHEN WE ISSUED OUR SOLICITATION. WE ALSO USE THESE CONTINUING SERVICES AGREEMENTS FOR NON-CAPITAL PROJECTS, SUCH AS STUDIES, OUR SURVEYS, AND OTHER UNANTICIPATED PROJECTS THAT MAY OCCUR DURING THE CONTRACT PERIOD. THE CITY HAS ESTABLISHED NINE SPECIFIC INDIVIDUAL SERVICES DISCIPLINES WITHIN THE CONTINUING SERVICES SPECTRUM, FROM THE STATUTORILY DEFINED TYPES OF PROFESSIONAL SERVICES FOR CONTINUING SERVICES AGREEMENTS, AND HAS LIMITED SELECTION FROM 3-5 FIRMS FOR EACH OF THE FOLLOWING DISCIPLINES. [01:45:01] BASED ON THE NUMBER OF PROJECTS THAT WE ANTICIPATE FOR EACH DISCIPLINE WITH MOST DISCIPLINES HAVING THREE RECOMMENDED FIRM. YOU CAN SEE ON THE SCREEN WHAT THOSE DISCIPLINES ARE AND I WON'T READ EACH ONE OF THEM INDIVIDUALLY. ONCE THE FIRMS ARE SELECTED, THE CONTRACTS ARE AWARDED AND WHEN A NEED OCCUR, A CITY STAFF REVIEWS THE CAPABILITIES OF THE AVAILABLE FIRMS IN EACH CATEGORY, WE LOOK FIRST IF THERE'S A FIRM WITH A VERY SPECIFIC EXPERTISE REQUIRED FOR THAT PROJECT TO BE IDENTIFIED. THEN WE ATTEMPT TO WHENEVER WE POSSIBLY CAN, MATTER OF FACT WE MAKE IT A POLICY THAT WE ROTATE THE SELECTION OF THE FIRMS AND THE NEXT TERM OF THE ROTATION WITH THAT SPECIFIC EXPERTISE BE CALLED UPON THE SELECTED TO PERFORM THOSE SERVICES. THE SELECTED FIRM PREPARES THE PRICE QUOTATION FOR CITY STAFF, WHICH WE MAY NEGOTIATE WITH THEM. THEN WE ISSUE WHAT WE CALL A TASK AUTHORIZATION DOCUMENT THAT SERVES AS THE CONTRACT DOCUMENT FOR THAT PARTICULAR PROJECT. NOW IF WE HAVE A TASK AUTHORIZATION VALUED AT GREATER THAN $65,000, THAT'S YOUR OFFICIAL SOLICITATION APPROVAL REQUIREMENT. WE WILL THEN TAKE THAT PARTICULAR TASK AUTHORIZATION TO YOU FOR YOUR APPROVAL. FOR THE RECORD, WE SPENT ABOUT 2.8 MILLION DOLLARS WITH OUR CONTINUING SERVICES CONTRACTORS SINCE THE PREVIOUS AGREEMENTS WERE AWARDED IN FY16, AND DURING FY22, WE SPENT ABOUT 225,000 WITH THE CONTINUING SERVICES AGREEMENT VENDORS. LIKE SOLICITATION PROCESS, THEY WERE LAST SOLICITED IN 2016. THE NEW CONTRACT TERM WOULD BE THREE YEARS WITH AN OPTION FOR AN ADDITIONAL THREE-YEAR RENEWAL NEEDED WITH PROVISIONS FOR MONTH-TO-MONTH RENEWAL IN THE EVENT THAT CONTRACTS ARE NOT AWARDED BY THE NORMAL DEADLINE. WE ISSUED OUR REQUEST FOR QUALIFICATIONS NUMBER 22-O1Q, AND PUBLICLY ADVERTISE IN THE SUN SENTINEL ON THE CITY'S BIDS AND TENDERS, E-PROCUREMENTS WEBSITE, AS WELL AS CROSS-POSTED TO THE DEMANDSTAR.COM WEBSITE AS FACILITATED BY OUR DIVISION SENIOR PROCUREMENT SPECIALIST. ADDITIONAL NOTIFICATIONS WERE PROVIDED TO THE STATE OF FLORIDA OFFICES SUPPLIER DIVERSITY, THE BROWARD COUNTY OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT IN THE MIAMI OFFICE OF THE US SMALL BUSINESS ADMINISTRATION. PROPOSALS INCLUDED PROVISIONS TO COMPLY WITH CODE OF FEDERAL REGULATIONS, 2 CFR 200, WHICH ARE PROCUREMENT REQUIREMENTS THAT ARE ESTABLISHED BY THE FEDERAL GOVERNMENT FOR FEDERAL GRANTS. WE RECEIVED 29 RESPONSES TO OUR PROPOSAL. IT WAS A DAUNTING CLASS TO REVIEW IF YOU CAN PROBABLY IMAGINE. THE INDIVIDUALS THAT HAD THAT OPPORTUNITY TO CONDUCT THAT REVIEW WERE OUR INTERIM ASSISTANT CITY MANAGER OR OUR ACTING PUBLIC SERVICES DIRECTOR OR OUR ACTING CAPITAL PROJECT MANAGER, OUR UTILITY ENGINEER, OUR ASSISTANT DIRECTOR OF FINANCIAL SERVICES, AND OUR CITY ENGINEER, ALL FACILITATED BY THE PURCHASING CONTRACTS DIVISION, SENIOR PROCUREMENT SPECIALIST. HERE'S THE LIST OF THE RESPONDING PROPOSALS. I'M NOT GOING TO COMMENT ON THOSE, BUT I WILL NEXT SHOW YOU A LIST OF THE 16 FIRMS THAT ARE GOING TO BE RECOMMENDED TO RECEIVE AWARDS BASED ON YOUR APPROVAL TONIGHT. WE'VE ALSO ESTABLISHED AND THIS IS IN YOUR BACKUP AWARD RECOMMENDATIONS BY DISCIPLINE. FOR ARCHITECTURE WE HAVE CPZ ARCHITECTS, STANTEC CONSULTING, AND WALTERS ZACKRIA, AND THEN WE GO ON FROM THERE. AN AREA THAT I'M PARTICULARLY PROUD OF IN THIS SOLICITATION ARE, MBE, WBE, AND CBE, WHICH ARE COUNTY BUSINESS ENTITIES WITH BROWARD COUNTY FIRMS THAT ARE RECOMMENDED FOR AWARD. WE HAVE CAULFIELD AND WHEELER, HISPANIC, LATINO FIRM, CHEN MOORE AND ASSOCIATES, AN ASIAN FIRM. CPZ ARCHITECTS IS A BROWARD COUNTY, CERTIFIED BUSINESS ENTERPRISE. EAC CONSULTING IS AN AFRICAN-AMERICAN BLACK-OWNED FIRM. ECKLER ENGINEERING IS A BROWARD COUNTY CBE. ENGENUITY GROUP IS AN ASIAN WOMAN-OWNED BUSINESS AND A BROWARD COUNTY CBE. HAZEN AND SAWYER IS A WOMEN-OWNED BUSINESS, AND WALTERS ZACKRIA IS AN ASIAN BUSINESS THAT ALSO IS A BROWARD COUNTY CBE. THAT'S MY PRESENTATION TONIGHT. [01:50:01] DO YOU HAVE ANY QUESTIONS? >> THANK YOU VERY MUCH. COMMISSIONER BOLTON. >> YOU'LL GET USED TO IT, MA'AM. THIS OKAY. SIR? >> YES, SIR. >> DID WE ASK OTHER FIRMS IF THEY WERE INTERESTED IN THESE CONTRACTS OR WE JUST WENT AHEAD AND WANTING TO RENEW THEM? >> WE'VE SET OUT A FORMAL SOLICITATION AND MANY OF OUR VENDORS ALREADY REGISTERED. WE REACHED OUT AGAIN THROUGH SEVERAL DIFFERENT SOURCES THROUGH THE COUNTY TO THE SMALL BUSINESS ADMINISTRATION, AND THROUGH THE FLORIDA OFFICE OF SUPPLIER DIVERSITY IN TALLAHASSEE TO SEE IF THERE WERE FIRMS THAT WERE ALSO INTERESTED THAT ARE PERHAPS NORMALLY ON OUR VENDOR LIST. WE RECEIVED A FEW PROPOSALS THAT WE HAVEN'T SEEN, FROM VENDORS WE HAVEN'T SEEN RESPOND TO OUR BIDS IN THE PAST PROPOSALS. WE'RE RATHER PLEASED WITH 29 RESPONSES. >> GOOD. OF THE LIST OF FIRMS THAT WE HAVE HERE, THESE ARE ALL KNEW, WERE HERE BEFORE, AND WERE NOW RENEWING OR DID YOU ENTERTAIN AT LEAST ONE OR TWO TO BE NEW? >> THIS IS THE COMBINATION. WE HAVE SEVERAL RELIABLE FIRMS THAT WE'VE DEALT WITH IN THE PAST THAT ARE INCLUDED IN THE LIST AND WE HAVE SEVERAL NEW FIRMS THAT WE HAVEN'T DEALT WITH IN THE PAST THAT WE'RE GOING TO NOW ADD TO OUR QUALIFIED LIST. >> OF THE ONES WE'RE APPROVING TONIGHT, HOW MANY ARE NEW AND HOW MANY ARE OLD? >> I HAVE TO DO A QUICK COUNT. I WOULD SAY THAT, NEW FIRMS. ENVIRODESIGN IS NEW WITH US, HAZEN AND SAWYER'S NEW WITH US, CARNAHAN PROCTOR AND CROSS IS NEW. EAC CONSULTING, WHICH THE CITY MANAGER AND I WORKED TO RECRUIT RATHER DILIGENTLY. CHEN MOORE IS NEW WITH US. LIKE I SAID I DON'T KNOW IF I MENTIONED, CAULFIELD AND WHEELER IS NEW WITH US. ENGENUITY GROUP AND TETRA TECH IS NEW IN THIS PARTICULAR AREA. WE'VE DEALT WITH THEM IN OTHER AREAS, BUT NOT IN A CONTINUING SERVICES AGREEMENT. >> JUST FOR THE RECORD, HOW LONG ARE THE CONTRACTS? >> THESE ARE THREE-YEAR TERM CONTRACTS AND THEY WILL BE ELIGIBLE FOR RENEWAL FOR AN ADDITIONAL THREE YEARS, SUBJECT TO SUCCESSFUL PERFORMANCE BY THOSE FIRMS. >> AUTOMATICALLY THEY'LL BE RENEWED IF THEY DO A GOOD JOB? >> WE DON'T AUTOMATICALLY RENEW ANY OF THEM. WE DO GO THROUGH A PROCESS. YOUR RESOLUTION DOES AUTHORIZE THE CITY MANAGER TO APPROVE THEM BASED UPON RECOMMENDATIONS FOR RENEWAL. WE HAVE TO BE CONVINCED THAT WE SHOULD RENEW WITH THOSE FIRMS. >> GOT IT. THANK YOU. >> YOU'RE WELCOME. >> SEE NO FURTHER COMMENTS. CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU, MADAM MAYOR. COMMISSIONER WRIGHT? >> YES. >> COMMISSIONER DANIEL? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> MAYOR GOMEZ? >> YES. >> VICE MAYOR BOLTON? >> YES. >> MOTION PASSES FIVE TO ZERO. THANK YOU. >> THANK YOU, LADIES AND GENTLEMEN. IT IS CURRENTLY 8:53, WE WILL BE BACK HERE AT 09:10. WE ARE IN RECESS. IT'S CURRENTLY 09:11 PM AND WE ARE RESUMING WITH ORDINANCES ON FIRST READING. WE ARE AT 6AT02517, [6.a TO2517 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending chapter 15 of the City Code of Ordinances, entitled “Parks and Recreation”, by creating section 15.90, entitled “Smoking Prohibited in Parks”; providing for conflicts; providing for scrivener’s errors, providing for severability; and providing for an effective date] CITY ATTORNEY, WILL YOU PLEASE READ THE TITLE FOR THE RECORD? >> YES, MA'AM MAYOR AND MEMBERS OF THE COMMISSION. THIS IS KNOWN AS FIRST READING ON ORDINANCE CITY COMMISSION TO CITY OF TAMARAC FLORIDA AMENDING CHAPTER 15, THE CITY CODE OF ORDINANCES AND TUNNEL PARKS AND RECREATION, [NOISE] BY CREATING SECTION 15.90 ENTITLED SMOKING PROHIBITED IN PARKS, PROVIDING FOR CONFLICTS, PROVIDING PRESCRIPTIVE CHAIRS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR EFFECTIVE DATE. >> I MOVE. [OVERLAPPING] >> THANK YOU. WE HAVE A MOTION BY THE VICE MAYOR. >> SECOND. >> HAVE A SECOND BY COMMISSIONER VILLALOBOS. AS THIS IS AN ITEM THAT IS AN ORDINANCE ON FIRST READING, WE DO NOT HAVE PUBLIC COMMENTS. WE WILL GO STRAIGHT TO GREG WARNER WHO IS OUR PARKS AND REC DIRECTOR FOR A PRESENTATION. [01:55:04] >> THANK YOU, MAYOR. GOOD EVENING, MAYOR, VICE MAYOR, MEMBERS OF THE COMMISSION. FOR THE RECORD, GREG WARNER, DIRECTOR OF PARKS AND RECREATION. WE ARE COMING TO YOU WITH A PROPOSED ORDINANCE TO AMEND CHAPTER 15, PARKS AND RECREATION, WITH THE ITEM, SMOKING PROHIBITED IN PARKS. I DO HAVE A SHORT PRESENTATION TO GIVE YOU SOME BACKGROUND ON THIS ITEM. SOME OF THE BACKGROUND ON THE STATE LEGISLATION, IN 1985, THE FLORIDA CLEAN INDOOR AIR ACT PASSED TO PROTECT PEOPLE FROM HEALTH HAZARDS OF SECONDHAND TOBACCO SMOKE. THEN IN 2002, 71 PERCENT OF THE FLORIDA CITIZENS VOTED FOR A CONSTITUTIONAL AMENDMENT TO PROHIBIT SMOKING IN ALL INDOOR WORKPLACES. ALTHOUGH THESE WERE PASSED, THE STATE OF FLORIDA CONTINUED TO PREEMPT LOCAL GOVERNMENT FROM REGULATING SMOKING. DURING THE 2022 FLORIDA LEGISLATIVE SESSION, HOUSE BILL 105 WAS PASSED. HOUSE BILL 105 AMENDS THE FLORIDA CLEAN INDOOR AIR ACT TO ALLOW COUNTIES AND MUNICIPALITIES TO RESTRICT SMOKING WITHIN THE BOUNDARIES OF ANY PUBLIC BEACH OR A PARK THAT MUNICIPALITY OR COUNTY OWNS. HOUSE BILL 105 ALSO CHANGES THE TITLE OF A FLORIDA CLEAN INDOOR AIR ACT TO THE FLORIDA CLEAN AIR ACT. ONE INTERESTING POINT WITH THE LEGISLATION OF HOUSE BILL 105, THAT THERE IS AN EXEMPTION OR AN EXCEPTION OF UNFILTERED CIGARS FROM THAT LEGISLATION. UNFILTERED CIGARS ARE ALLOWED WITHIN HOUSE BILL 105. SOME BACKGROUND ON THE CITY. CURRENTLY, TAMARAC HAS 12 CITY-OWNED PARKS, WE HAVE OUTDOOR AREAS AT THE TAMARAC COMMUNITY CENTER, AND CAPORELLA AQUATIC CENTER. THOSE WOULD BE THE AREAS UNDER THIS ORDINANCE WOULD RESTRICT SMOKING. AS YOU ALL KNOW, THESE AREAS ARE DESIGNED TO SERVE THE PHYSICAL AND MENTAL WELL-BEING OF OUR RESIDENTS. WE SERVICE ALL AGES AT THESE FACILITIES, YOUTH, ADULTS, AND SENIORS. FOR MANY USERS BASED ON OUR SUBURBAN AREA, THESE PARTS MAY BE THE ONLY CONNECTION THEY HAVE WITH NATURE AND HAVE ACCESS TO FRESH CLEAN AIR. SOME OF THE HEALTH CONCERNS THAT ARE NOTED WITHIN THE ANALYSIS OF HOUSE BILL 105, IN 2021, APPROXIMATELY 15.5 PERCENT OF THE ADULTS IN FLORIDA WHERE TOBACCO SMOKERS. TOBACCO SMOKE CONTAINS OVER 7,000 CHEMICALS, INCLUDING HUNDREDS THAT ARE TOXIC, AND UP TO 69 KNOWN TO CAUSE CANCER. MORE THAN 480,000 DEATHS ANNUALLY IN THE UNITED STATES ARE CAUSED BY CIGARETTE SMOKE, WITH EXPOSURE TO SECONDHAND SMOKE CAUSING AN ESTIMATED 41,000 DEATHS EACH YEAR. IT IS A DEFINITE ISSUE YOU WANT TO ADDRESS HERE. WITH THIS ORDINANCE, STAFF IS MAKING A RECOMMENDATION TO AMEND CHAPTER 15 IN PARKS AND RECREATION BY CREATING SECTION 15.90 ENTITLED, SMOKING PROHIBITED IN PARKS, AND SUBSEQUENT SECTIONS TO IDENTIFY ENFORCEMENT AND PENALTIES. THIS IS THE LANGUAGE WHICH IS IN YOUR BACKUP. I'M NOT GOING TO READ IT WORD FOR WORD, BUT IT DOES PROHIBIT ANY PERSON TO SMOKE OR CARRY A LIGHTED FILTERED CIGAR, CIGARETTE, CIGARILLO, OR PIPE OR USE ANY SPARKS, FLAME, MATCH, OR FIRE PRODUCING DEVICE NORMALLY USED IN TOBACCO SMOKING. IT DOES INCLUDE E-CIGARETTES, VAPES IN A CITY PARK UNDER CONTROL AND MANAGEMENT OF THE CITY. AGAIN, THERE'S THAT EXCEPTION OF SMOKING UNFILTERED CIGARETTES, WHICH IS PERMITTED BY STATE LEGISLATION. SOME OF THE 15.91 WOULD ALSO BE ADDED WITH ENFORCEMENT AND PENALTIES. VIOLATIONS MAY BE PROSECUTED IN ACCORDANCE WITH SECTION 1-3 AND CHAPTER 2, ARTICLE III, DIVISION 2, OR THE CITY CODE OF ORDINANCES, CAN BE ENFORCED BY LAW ENFORCEMENT, [02:00:01] WHICH WOULD BE BSON TAMARAC, CITY CODE ENFORCEMENT, OR CITY'S DESIGNATED EMPLOYEES AND STAFF. VIOLATING PERSON SHALL BE SUBJECT TO A FINE WITH AN ESCALATING AMOUNT WITH EACH ADDITIONAL OCCURRENCE. IF PASSED, STAFF WOULD PURSUE PURCHASING OF SIGNS AND PLACEMENT OF SIGNS IN STRATEGIC LOCATIONS WITHIN ALL THE CITY PARKS AND ALLOCATIONS. IF TONIGHT THIS ORDINANCE IS PASSED ON FIRST READING, WE'LL COME BACK FOR A SECOND READING AT JANUARY 11TH, 2023 MEETING. I WILL TAKE ANY QUESTIONS THAT YOU MAY HAVE AT THIS POINT. >> COMMISSIONER VILLALOBOS. >> THANK YOU, MAYOR. WHAT ARE WE DOING TO DO AN OUTREACH TO THE RESIDENTS THAT ACTUALLY ENJOY OR SMOKE SO THAT THEY ARE NOTIFIED? BECAUSE THEY'LL GO TO THE PARK AND JUST DECIDE TO HAVE A SMOKE. OBVIOUSLY WE DON'T WANT TO PUNISH THEM IMMEDIATELY BECAUSE THEY'RE UNAWARE OF AN ORDINANCE PASSED. WHAT ARE WE DOING FOR THE OUTREACH? >> CORRECT. IF THE ORDINANCE IS PASSED ON SECOND READING IN JANUARY, WE WOULD WORK WITH THE PUBLIC INFORMATION OFFICE TO DO A MEDIA CAMPAIGN TO NOTIFY RESIDENTS OF THE ORDINANCE. AS IN ALL OF OUR ENFORCEMENT IN THE PARKS, AND I COULD EQUATE THIS TO THE USE OF ALCOHOL ON OUR PARKS. IN OUR PARKS, ALCOHOL IS ALSO PROHIBITED. THAT'S SOMETHING IF WE'RE AN EVENT AND SOMEBODY HAS A CUP OF ALCOHOL OR SOMETHING OF THAT NATURE, WE WOULD GIVE THEM A WARNING. WE WOULD ASK THEM TO STOP, DISPOSE OF WHAT THEY'RE DOING. WE WOULD DO THE SAME THING WITH SMOKING. WE WOULD DO A PERIOD OF TIME WHERE IT WOULD BE A WARNING. WE WOULD ASK THEM TO STOP. I CAN TELL YOU THAT IN MY 20 PLUS YEARS WITH THE CITY OF TAMARAC, THIS HAS NOT BEEN A PROBLEM AREA FOR OUR CITY PARKS. WE HAVE HAD BITS AND PIECES HERE AND THERE, BUT IT HAS NOT BEEN AN OVERALL PROBLEM. BUT I DO THINK THAT THIS ORDINANCE IS NECESSARY TO STOP ANY POTENTIAL FOR THIS AS WE MOVE FORWARD. I THINK IT SETS A GOOD EXAMPLE FOR OUR RESIDENTS TO HAVE THAT MESSAGE OUT THERE THAT THERE ARE PARKS FOR PEOPLE TO GO AND EXPERIENCE CLEAN FRESH AIR. >> THANK YOU. ACTUALLY, COMMISSIONER VILLALOBOS ASKED A QUESTION AND YOU ANSWERED IT REGARDING HAVING A COHESIVE PUBLIC CAMPAIGN. I'M ALSO GLAD THAT YOU BROUGHT UP ABOUT THE ALCOHOL AND THE SMOKING IN THE PARKS, AND I SEE THAT OUR ORDINANCE HAS THE ENFORCEMENT POWER AND THE ENTITLEMENT POWER INTO OUR CITY EMPLOYEES, BSO, CODE ENFORCEMENT, AND THE LIKES. HOW LONG DOES IT TAKE TO GET THE SIGNS UP? >> USUALLY, WHEN WE ORDER THAT TYPE OF SIGN FROM OUR SIGN PRODUCER, IT'S ABOUT A TWO-WEEK PERIOD. >> I WAS JUST THINKING, SO IF THIS GOES INTO EFFECT IN MID-JANUARY, THEN AT LEAST TWO WEEKS BEFORE SIGNS ARE UP AND THEN AT LEAST A MONTH OF NOTIFICATION, I DON'T KNOW WHAT OUR CURRENT SCHEDULE IS FOR OUR EVENTS IN THE PARKS. OBVIOUSLY, WARNINGS FOR THE FIRST SOME CERTAIN OF TIME AND MAYBE IN JANUARY IN OUR NEXT MEETING OF THIS SHOULD GO THROUGH, WE SHOULD TALK ABOUT SOME CERTAIN TO MAKE SURE THAT PEOPLE ARE AWARE, EFFECTIVE SUCH AND SUCH A DATE, THIS IS OFFICIAL OR HOW ARE WE GOING TO DO IT? PEOPLE AREN'T SURPRISED WHEN THEY'RE ASKED TO PUT IT OUT AND THEY SAY, BUT I'VE DONE THIS EVERY TIME I'VE BEEN HERE. THEY GET A WARNING, IT'S FINE. BUT I JUST DON'T WANT PEOPLE TO BE SURPRISED. SOME PEOPLE STILL WILL BE SURPRISED. BUT I DO THINK IT IS A VERY GOOD THING THAT OUR CITY IS DOING. I'M GLAD THAT WE'VE GOT THIS ON THE AGENDA VERY QUICKLY. I DID HAPPEN TO GLANCE THERE AND SEE THAT ANOTHER SISTER CITY HAS ALREADY PUT THOSE OUT THERE. I THINK WILL BE THE SECOND, RIGHT? >> NO. WE ACTUALLY AS OF SEPTEMBER, THERE WERE 10 OTHER BROWARD CITIES THAT EITHER HAVE TAKEN ACTION OR WERE IN THE PROCESS OF TAKING ACTION. I THINK ALL THE BROWARD COUNTY CITIES ARE ON THE SAME PAGE WHEN WE MEET AS DIRECTORS. >> DO YOU KNOW IF BROWARD COUNTY HAS DONE THIS TO THEIR PARKS YET? >> BROWARD COUNTY IS SAYING THAT THEY ARE NOT GOING TO PASS THIS ORDINANCE DUE TO THE INABILITY TO ENFORCE. [02:05:07] >> THEY HAVE A PARK WITHIN OUR CITY, THAT'S A WHOLE OTHER ISSUE. WE CAN'T ENFORCE ON THEIR LANDS WITHOUT AN AGREEMENT, CORRECT? >> CORRECT. >> ALL OTHER ISSUE. I THANK YOU VERY MUCH. VICE MAYOR BOLTON. >> GREG, IF BROWARD COUNTY CANNOT ENFORCE, WHY DO YOU THINK THAT THE CITY OF TAMARAC CAN ENFORCE? >> I THINK WHEN I SAY THAT WITH BROWARD COUNTY AND I THINK THAT STATEMENT IS BASED UPON THE NUMBER OF PARKS AND THE SIZE OF PARKS THAT THEY HAVE. I BELIEVE WITHIN OUR CITY, THE REINFORCEMENT IS GOING TO BE A SHARED THING. I THINK IT'S THE MESSAGE GETTING OUT THERE WITH OUR RESIDENTS. I THINK WITH THIS TYPE OF THING, THERE'S A LOT OF SELF-ENFORCEMENT. WE HAVE THE SIGNS UP, WE CAN BE NOTIFIED. WE CAN ENFORCE IN THAT MANNER. IT'S NOT GOING TO BE A PERFECT SYSTEM WITHOUT HAVING STAFFED PARKS ALL THE TIME. BUT WE WILL DO OUR BEST TO ENFORCE AND RESTRICT AS MUCH AS POSSIBLE. I GUESS I'LL REPEAT WHAT I SAID THAT WE CURRENTLY DO NOT HAVE A PROBLEM IN THE PARKS WITH THIS. I DON'T THINK IT'S AN OVERALL THING. I THINK MOST PEOPLE AND MOST OF OUR RESIDENTS SHARE THE SAME CONCEPT, SAME THOUGHT THAT SMOKING SHOULD NOT BE IN PARKS. >> I LIKE THE ORDINANCE. I THINK MY WIFE WOULD BE SMILING AT IT RIGHT NOW BECAUSE WE DON'T LIKE TO BE OUT AND SMELL CIGARETTES, ESPECIALLY IN PARKS WHERE YOUNG CHILDREN ARE. I THINK THAT PEOPLE HAVE THEIR OWN CHOICE TO MAKE. IF THEY DECIDE TO GO SMOKE IN THEIR HOUSE OR SOMEWHERE WHERE IT'S DESIGNATED, THEN IT'S BETTER FOR THEM. BUT I THINK THIS IS A GREAT IDEA. I INCLINE TO VOTE YES. THANK YOU SO MUCH. >> THANK YOU. SEEING NO OTHER COMMENTS, CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU, MAYOR. COMMISSIONER VILLALOBOS. >> YES. >> COMMISSIONER, WRIGHT. >>YES. >> MAYOR GOMEZ. >> YES. >> DR. DANIEL. >> YES. >> VICE MAYOR BOLTON. >> YES. >> MOTION PASSED FIVE TO ZERO. THANK YOU. >> EXCELLENT. THANK YOU SO VERY MUCH. [7.a TR13870 - A Resolution of the City Commission of the City of Tamarac, Florida, adopting the Affordable Housing Incentive Strategies recommendations of the Affordable Housing Advisory Committee (AHAC) and authorizing the transmittal of the recommendations in an annual report attached hereto as Exhibit “A” to the Florida Housing Finance Corporation in accordance with Section 420.9076 (4) Florida Statutes; providing for conflicts; providing for severability; and providing for an effective date] WE'RE NOW GOING TO PUBLIC HEARINGS. WE ARE AT 7ATR13870. CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD. >> YES, MADAM MAYOR, MEMBERS OF THE COMMISSION, THIS IS A RESOLUTION OF CITY COMMISSION, CITY OF TAMARAC, FLORIDA ADOPTING THE AFFORDABLE HOUSING INCENTIVE STRATEGIES RECOMMENDATIONS. THE AFFORDABLE HOUSING ADVISORY COMMITTEE, AHAC NOW AUTHORIZING THE TRANSMITTAL OF THE RECOMMENDATIONS IN AN ANNUAL REPORT ATTACHED HERE TOO AS EXHIBIT A TO THE FLORIDA HOUSING FINANCE CORPORATION ACCORDANCE WITH SECTION 4290764 FLORIDA STATUTES, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU VERY MUCH. I NEED A MOTION AND A SECOND, PLEASE. >> SO MOVED. >> DO I HAVE SECOND? >> SECOND. >> COMMISSIONER VILLALOBOS WITH THE MOTION, COMMISSIONER DANIEL WITH A SECOND. I WILL NOW OPEN THIS UP FOR PUBLIC COMMENTS. IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO MAKE ANY COMMENTS ON THIS ITEM? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED. CAROLYN FRANCIS-ROYER, OUR HOUSING AND COMMUNITY DEVELOPMENT MANAGER, IS AVAILABLE OR WILL BE MAKING A PRESENTATION. I MISSED A COMMENT. >> MAXINE CALLOWAY, DIRECTOR OF COMMUNITY DEVELOPMENT FOR THE RECORD. WE'RE AVAILABLE FOR QUESTIONS, BUT SINCE I'M HERE I CAN JUST QUICKLY SAY THIS IS JUST A FORMALITY. THE STATE OF FLORIDA REQUIRES THAT EACH YEAR WE SUBMIT OUR AFFORDABLE HOUSING STRATEGIES TO THE STATE. ESSENTIALLY ALL MUNICIPALITIES HAVE TO SHOW SOME EFFORTS THAT WE ARE INCLUDING INCENTIVES IN STRATEGIES AS A PART OF ENCOURAGING OR FACILITATING AFFORDABLE HOUSING. THE STATE OF FLORIDA HAS 11 STRATEGIES IN THE STATUTE. THE CITY OF TAMARAC FOR THE LAST THREE OR FOUR YEARS HAVE REPEATEDLY ADOPTED FOUR OF THOSE STRATEGIES THAT ARE INCLUDED IN YOUR BACKUP, AND IF YOU'D LIKE I CAN LIST THOSE. >> MY APOLOGIES, I HAD AN OLD LIST HERE. I'M NOT SEEING ANYBODY WISHING FOR ANYTHING FURTHER, SO IF THERE'S NO FURTHER COMMENTS THEN WE'LL JUST CONDUCT THE ROLL CALL. [02:10:02] >> THANK YOU, MAYOR. DR. DANIEL? >> YES. >> VICE MAYOR BOLTON? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> COMMISSIONER RAY? >> YES. >> MAYOR GOMEZ? >> YES. >> MOTION PASSES FIVE TO ZERO. THANK YOU. >> THANK YOU. 57DTR13 871, [7.b TR13871 - A Resolution of the City Commission of the City of Tamarac, Florida approving the Consolidated Annual Performance Evaluation Report (CAPER FY2021-2022) attached hereto as Exhibit “A” for the U.S. Department of Housing & Urban Development (HUD)’s Community Development Block Grant (CDBG) program for HUD’s fiscal year 2021-2022; providing for conflicts; providing for severability; and providing for an effective date] CITY ATTORNEY PLEASE READ THE TITLE FOR THE RECORD. >> YES, MADAM MAYOR, MEMBERS OF THE COMMISSION, THIS IS A RESOLUTION CITY COMMISSIONER STATE WITH TAMARAC, FLORIDA APPROVING THE CONSOLIDATED ANNUAL PERFORMANCE EVALUATION FOR FISCAL YEAR 2021/2022 ATTACHED HERE TOO IS EXHIBIT A. FOR THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; HUD, COMMUNITY DEVELOPMENT BLOCK GRANT; CDBG PROGRAM FOR HUD'S FISCAL YEAR 2021/2022 PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU VERY MUCH. I NEED A MOTION ON SECOND. >> SECOND. >> THANK YOU VERY MUCH. I HAVE A MOTION BY COMMISSIONER VILLALOBOS, A SECOND BY COMMISSIONER DANIEL. AT THIS TIME, I'LL OPEN UP THE FLOOR FOR PUBLIC COMMENTS. SEEING THERE ARE NONE, PUBLIC COMMENTS ARE NOW CLOSED. MS. CALLOWAY IS AVAILABLE FOR ANY QUESTIONS. I'M NOT SEEING ANY LIGHTS LIT FOR DISCUSSION BY THIS COMMISSION. CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU MADAM MAYOR. VICE MAYOR BOLTON? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER RAY? >> YES. >> DR. DANIEL? >> YES. >> MOTION PASSES FIVE TO ZERO. THANK YOU. >> GREAT. WE COME NOW TO OUR QUASI-JUDICIALS. WE HAVE SEVERAL BELONGING TO ONE ITEM. WE TYPICALLY HAVE BEEN PUTTING THEM TOGETHER FOR PRESENTATION PURPOSES, BUT WE WILL DO A MOTION INDIVIDUALLY FOR EACH. AT THIS TIME I WILL ASK THE CITY ATTORNEY TO READ EACH OF THE TITLES INTO THE RECORD OR AS WE DO EACH, WE'LL DO A MOTION FOR EACH OR WE'LL JUST DO THE MOTIONS AFTERWARDS. THERE'S 1, 2, 3, 4, 5. >> I THINK THAT YOU CAN HAVE THE PRESENTATIONS AND THEN WE'LL TAKE UP EACH RESOLUTION INDIVIDUALLY BY TITLE AND VOTE ON IT AT THE CONCLUSION AND TO START WITH TO READ THE QUASI-JUDICIAL STATEMENT INTO THE RECORD. >> SO WE'LL GO A LITTLE BIT OUT OF ORDER. YOU'LL READ THE QUASI-JUDICIAL STATEMENT, WE'LL ASK IF THERE'S ANY DISCLOSURES, WE'LL THEN DO THE PRESENTATION, WE'LL THEN OPEN PUBLIC COMMENT, WE'LL THEN CLOSE PUBLIC COMMENT. >> VOTE ON EACH ITEM. >> THEN WE DO A MOTION FOR EACH ITEM. >> CORRECT. >> JUST GO AHEAD AND PLEASE READ THE QUASI-JUDICIAL STATEMENT. >> ALL PERSONS TESTIFYING BEFORE THE CITY COMMISSION MUST BE SWORN IN WITH REGARD TO THE ITEMS THAT ARE GOING TO BE CONSIDERED ON THE AGENDA AT THIS POINT. THE PETITIONER AND ANY EFFECTIVE PERSON SHALL BE GIVEN AN OPPORTUNITY TO PRESENT EVIDENCE, BRING FORTH WITNESSES, CROSS-EXAMINING ANY WITNESSES, AND REBUT ANY TESTIMONY. ALL EVIDENCE RELIED UPON REASONABLY PRUDENT PERSONS TO THEIR BUSINESS SHALL BE ADMISSIBLE WHETHER SUCH EVIDENCE WOULD BE ADMISSIBLE IN A COURT OF LAW, HOWEVER, IMMATERIAL OR UNDULY REPETITIOUS EVIDENCE SHALL BE EXCLUDED. STATEMENTS OF COUNSEL SHALL ONLY BE CONSIDERED AS ARGUMENT AND NOT BE CONSIDERED AS TESTIMONY, HOWEVER, COUNCIL FOR PARTIES SHOULD NOT BE SUBJECT TO CROSS-EXAMINATION. THE BOARD OR THE CITY COMMISSION SHALL HAVE THE AUTHORITY TO REFUSE TO HEAR ANY TESTIMONY WHICH IS IRRELEVANT OR REPETITIVE. HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE OF SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE, BUT IT SHOULD NOT BE SUFFICIENT BY ITSELF TO SUPPORT A FINDING. DOCUMENTARY EVIDENCE MAY BE PRESENTED IN THE FORM OF A COPY OF THE ORIGINAL IF AVAILABLE. UPON REQUEST PARTIES SHALL BE GIVEN AN OPPORTUNITY TO COMPARE THE COPY WITH THE ORIGINAL. THE PARTY SHALL BE ENTITLED TO CONDUCT CROSS-EXAMINATION WHEN TESTIMONIES IS PROVIDED OR DOCUMENTS ARE MADE PART OF THE RECORD. GENERALLY, THE FOLLOWING PROCEDURES OR THE MANNER IN WHICH THE PRESENTATION IS MADE IS FIRST THE PETITIONER OR HIS OR HER REPRESENTATIVE WILL MAKE A PRESENTATION, AND IF THE PETITIONER CHOOSES TO MAKE A PRESENTATION IT SHOULD INCLUDE A DESCRIPTION OF THE NATURE OF THE PETITION AND IF THERE'S ADDITIONAL INFORMATION THAT HAS NOT BEEN PREVIOUSLY PROVIDED TO YOU OR BY THE CITY. IN ADDITION TO THE PETITIONER WE SHALL INTRODUCE ANY EXHIBITS AND WITNESSES AT DESIRES OF THE CITY COMMISSION TO CONSIDER. AND IT'S THE RESPONSIBILITY OF THE PETITIONER TO DEMONSTRATE ITS APPLICATION IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN IF APPLICABLE AND WHETHER THE PETITION DOES OR DOES NOT MEET THE REQUIREMENTS OF THE CITY CODE. STAFF WILL THEN PRESENT ITS REPORT. THE STAFF REPORT WILL GENERALLY INCLUDE BUT NOT BE LIMITED TO A DESCRIPTION OF THE REQUEST OF THE PETITIONER AND ANALYSIS OF THE PETITION'S CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN IF APPLICABLE AND WHETHER THE PETITION DOES OR DOES NOT MEET THE REQUIREMENTS TO CITY CODE. PARTIES WHO ARE IN SUPPORT OF THE PETITION SHALL MAKE THEIR PRESENTATION. THE PARTIES SHALL INTRODUCE ANY EXHIBITS AND WITNESSES. PARTIES WHO ARE IN OPPOSITION, [02:15:01] THEN MAKE THEIR PRESENTATION. CITY PERSONNEL IN ATTENDANCE SHALL PROVIDE RESPONSES TO ANY PARTY TO THE PRECEDING AND FINAL PRESENTATIONS ARE THEN MADE BY THE APPLICANT AND CITY STAFF. FINALLY, THE CITY COMMISSION SHALL DELIBERATE ON THE PETITION. NO FURTHER TESTIMONY SHALL BE TAKEN AND MEMBERS OF THE CITY COMMISSION SHALL NOT ASK FURTHER QUESTIONS OF PERSONS PRESENTING TESTIMONY. THE CITY COMMISSION SHALL DISCUSS THE EVIDENCE THAT WAS PRESENTED AT THE PROCEEDING AND VOTE ON THE PETITION BASED UPON THE COMPETENT SUBSTANTIAL EVIDENCE IN THE RECORD. AT THIS POINT IN TIME, IT WOULD BE APPROPRIATE FOR THE COMMISSION MEMBERS TO DISCLOSE ANY EX-PARTY COMMUNICATIONS THEY MAY HAVE HAD WITH RESPECT TO ITEMS 9A, 9B, >> C AND D. >> 9C, AND 9D ALL PERTAINING TO THE CALI COFFEE APPLICATION AT 7775 WEST MCNAB ROAD. >> THANK YOU COMMISSIONER MOREY WRIGHT JR. DO YOU HAVE ANY DISCLOSURES? >> NO. >> COMMISSIONER ELVIN VILLALOBOS? >> NONE. >> MAYOR MICHELLE J. GOMEZ, NONE. COMMISSIONER DR. DANIEL? >> NONE. >> VICE MAYOR MARLON BOLTON? >> NO. >> THANK YOU VERY MUCH. CITY ATTORNEY, WILL YOU NOW BE SWEARING IN THE WITNESSES? >> ALL THOSE WHO ARE GOING TO TESTIFY WITH RESPECT TO ANY OF THE ITEMS ON THE QUASI-JUDICIAL AGENDA PORTION OF TONIGHT'S MEETING, PLEASE STAND, RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? >> I DO. >> THE WITNESSES HAVE BEEN SWORN. >> EXCELLENT. ALL THESE ARE WITNESSES FOR 9A THROUGH D, CORRECT? >> LET'S SWEAR ALL OF THEM IN FOR ALL THE ITEMS SO THEY DO NOT HAVE TO DO IT AGAIN. >> WE'RE SWEARING IN FOR THE TWO. >> YES, THEY NEED TO BE SWORN IN AS WELL JUST MIGHT AS WELL DO THEM NOW. >> WELL, JUST IN CASE THERE ARE OTHER PEOPLE WHO MAY NOT HAVE STOOD UP THIS SWEARING AND SEEMS TO BE FOR 9E AND F AS WELL. IF YOU ARE HERE FOR 9E AND F AND YOU HAD NOT STOOD TO BE SWORN IN, PLEASE DO SO NOW. >> WE'RE ALL GOOD. WE'RE ALL SWORN. [9.a TBO57 - Board Order Approving/Denying Special Exception for Cali Coffee McNab - 7775 W McNab Road, Tamarac, FL 33321, to allow for the use of a new one (1) story, one thousand five hundred square foot (1,500 sq.ft.) restaurant “coffee shop” with the addition of a drive-through lane and related infrastructure in the MU-C (Mixed-Use Corridor) zoning district] WE'RE GOING TO THE PRESENTATION BY THE DESIGNATED AGENT FOR THE APPLICANT'S ATTORNEY, CHRISTINA BILENKI. GOOD TO SEE YOU. >> GOOD EVENING. FOR THE RECORD, CHRISTINA BILENKI OF DUNAY, MISKEL, AND BACKMAN. MY ADDRESS IS 14 SOUTHEAST 4TH STREET IN BOCA RATON, FLORIDA. IT IS A PLEASURE TO BE HERE BEFORE YOU THIS EVENING. THIS HAS BEEN A LONG TIME COMING, AND THIS TIME NOT BECAUSE OF ALL OF THE HARD WORK THAT BOTH OUR TEAM AND CITY STAFF HAVE BEEN DOING, BUT WE WERE ACTUALLY SUPPOSED TO BE HERE BEFORE YOU IN SEPTEMBER. WE'RE AT THE COMMISSION MEETING THAT WAS CANCELED BECAUSE OF HURRICANE IAN, AND THEN WE'RE RESCHEDULED TO THE NOVEMBER MEETING THAT WAS CANCELED FOR HURRICANE NICOLE. SO HOPEFULLY THIRD TIME IS A CHARM. WE HAVE MEMBERS OF OUR DEVELOPMENT TEAM HERE AS WELL TO ANSWER ANY QUESTIONS AND WE HAVE A COUPLE OF DIFFERENT ITEMS ON YOUR AGENDA THIS EVENING. WE'RE GOING TO DISCUSS EACH OF THEM THROUGH THIS PRESENTATION. THE FIRST IS A SPECIAL EXCEPTION. WE'RE REQUESTING THE APPROVAL OF A ONE STORY 1,500 SQUARE FOOT RESTAURANT WITH A DRIVE-THROUGH AND RELATED INFRASTRUCTURE. WE HAVE A SITE PLAN CORRESPONDING TO THAT COFFEE SHOP AS WELL AND TWO VARIANCES. THE FIRST RELATES TO A GLAZING REQUIREMENTS. THE CODE REQUIRES 30 PERCENT GLAZING WHERE WE'RE PROPOSING 25 AND THE SECOND IS FOR A REQUIREMENT RELATED TO A MASONRY WALL WHEN YOU HAVE A COMMERCIAL PROPERTY ABUTTING A RESIDENTIAL PRE-ZONED PROPERTY. WE'LL GO INTO THOSE IN A LITTLE BIT MORE DETAIL FOR YOU. FIRST, A LITTLE BIT ABOUT CALI COFFEE. CALI COFFEE WAS ACTUALLY FOUNDED IN 2018 NOT LONG AGO BY CRAIG AVERA AND ROSE WHITE. THE TWO HAD MET WORKING IN THE FITNESS INDUSTRY IN LOS ANGELES AND DECIDED TO MOVE FROM HOLLYWOOD, CALIFORNIA TO HOLLYWOOD, FLORIDA IN ORDER TO START THEIR FLAGSHIP LOCATION AND BRING THEIR LOVE OF COFFEE AND PEOPLE OUT TO THE EAST COAST. [02:20:04] THEIR COFFEE STANDS ARE PRIMARILY DRIVE-THROUGH BASED. AS IN TODAY'S HECTIC WORLD, PEOPLE HAVE PLACES TO GO AND DON'T ALWAYS HAVE TIME TO PARK THEIR CARS, STAND IN LINE, WAIT FOR THEIR COFFEE, AND THEN GET BACK IN THEIR CARS TO DRIVE TO THEIR DESTINATION. CALI COFFEE FOCUSES ON HIGH-QUALITY PREMIUM DRINKS SERVED QUICKLY WITH A SMILE AND MORE. CUSTOMER SERVICE IS THEIR KEY INGREDIENT. THEY DON'T WANT TO BE GENERIC, THEY DON'T WANT TO BE BASIC. THEY DON'T WANT TO JUST SERVE COFFEE. THEY REALLY WANT EACH CUSTOMER TO FEEL SPECIAL EVERY TIME THEY VISIT ONE OF THESE LOCATIONS AND HAVE THEIR EXPERIENCE REALLY BE THE HIGHLIGHT OF THEIR DAY. CALI COFFEE ALSO RAISES MONEY THROUGH SALES TO HELP LOCAL AND NATIONAL ORGANIZATIONS SO THAT THEY CAN DIRECTLY BENEFIT THE COMMUNITIES IN WHICH THEY ARE IN. THIS COFFEE SHOP IS A LITTLE BIT UNIQUE BECAUSE IT IS A DRIVE-THROUGH COFFEE SHOP WITH A WALK-UP WINDOW. THERE IS NO SERVICE, NO SEATING AREAS INSIDE THE BUILDING ITSELF. INSIDE THE BUILDING, IT'S ALL BACKUP HOUSE. IT'S ALL EMPLOYEES SPACE. THERE'S NO COOKING OF ANY KIND, THERE ARE NO SANDWICHES OR OTHER FOOD ITEMS OFFERED. THE MENU IS REALLY LIMITED TO COFFEE DRINKS, SODAS, SHAKES, AND RELATED BEVERAGES. THAT IS REALLY THEIR FOCUS. JUST GOING BACK, THEIR HOURS OF OPERATION IS GENERALLY MONDAY TO FRIDAY FROM 5:30-10:00 PM, AND SATURDAYS AND SUNDAYS, THEY START A LITTLE BIT LATER ON THE WEEKENDS, AND GETS TO SLEEP IN A LITTLE BIT TO 7:00 AM. THE PROPOSED LOCATION HERE IS ON MCNAB ROAD. IT'S THE BOX HIGHLIGHTED IN RED NEXT TO THE OLD WINN-DIXIE PLAZA JUST WEST OF UNIVERSITY DRIVE AND NORTH OF MCNAB ROAD. THE CURRENT ZONING IS MUC; MIXED-USE CORRIDOR, AND IT DOES HAVE A COMMERCIAL LAND-USE DESIGNATION AS WELL. THE SITE ITSELF IS 1.29 ACRES, AND AGAIN WE'RE PROPOSING TO REDEVELOP IT WITH A DRIVE-THROUGH COFFEE SHOP. IT IS AN OVERFLOW PARKING AREA THAT WAS PREVIOUSLY APPROVED WITH THE WINN-DIXIE. IT'S BEEN VERY MUCH UNDERUTILIZED AND REMAINS PRETTY MUCH VACANT TODAY. IT ALSO HAS A RETENTION ON IT AT THIS TIME WHICH WE ARE GOING TO BE MODIFYING IN ORDER TO ENSURE WE OBVIOUSLY ACCOMMODATE THE PROPOSED DEVELOPMENT ALONG WITH THE STORM WATER FOR THE EXISTING DEVELOPMENT. OUR VARIANCE REQUESTS. AGAIN, THERE'S TWO BEFORE YOU. THE FIRST RELATES TO THE MINIMUM GLAZING REQUIREMENT. AND SO THE CODE REQUIRES THAT WE PROVIDE 30 PERCENT GLAZING FOR THIS FACADE AREA BETWEEN 2 FEET AND 10 FEET AT GROUND LEVEL. THAT'S THE AREA THAT'S HIGHLIGHTED IN RED. NOW WE ARE PROPOSING ABOUT 24 SQUARE FEET SHY OF THAT. WE HAVE THE TRUE TRANSPARENT WINDOWS AT THE DRIVE-THROUGH. AND THEN THE WINDOWS THAT ARE LOCATED IN THE DARKER BLUE COLOR ARE ACTUALLY FOUR WINDOWS, AND THAT'S AGAIN BECAUSE CALI COFFEE IS A LITTLE BIT UNIQUE. IT'S NOT LIKE A STARBUCKS WHERE YOU'RE DRIVING BY AND THE VAST MAJORITY OF THE INTERIOR IS CUSTOMER SERVICE AREA OR CUSTOMER SEATING AREAS. CALI COFFEE DOESN'T HAVE THAT. IT'S ALL BACKUP HOUSE. SO ADJACENT TO THESE WINDOWS, YOU HAVE SINKS, YOU HAVE EQUIPMENT, YOU HAVE FREEZERS. SO THAT'S WHY WE CAN'T PROVIDE THE TRUE GLAZING THROUGH THE BUILDING FACADE, AND INSTEAD WE'RE PROPOSING TO ADD THESE ATTRACTIVE FOUR WINDOWS THAT WORK WITH THE ARCHITECTURE OF THE PROPOSED BUILDINGS AND WORK WITHIN THAT FACADE TO THE BEST OF OUR ABILITY. AGAIN, THIS JUST SHOWS YOU THE INTERIOR LAYOUT WITH RESPECT TO WHERE THOSE WINDOWS ARE LOCATED. SO YOU HAVE THE DRIVE-THROUGH WINDOW WITH LIGHTER BLUE AND YOU CAN SEE THAT IT'S AN OPEN AREA, BUT WHERE THERE IS THAT DARKER BLUE COLOR. AGAIN, YOU HAVE SOME FREEZERS THERE AND YOU HAVE EQUIPMENT FOR MAKING THE BEVERAGES AND OTHER ITEMS. THE SECOND VARIANCE REQUEST AGAIN IS TO ELIMINATE THE REQUIREMENT FOR THE PERIMETER MASONRY WALL BETWEEN THE RESIDENTIAL AND COMMERCIAL PROPERTIES. [02:25:04] THIS REALLY STEMS FROM THE EXISTING WALL THAT IS LOCATED ALONG THE PROPERTY LINE. NOW, THE WALL WAS PUT IN PLACE BY THE ADJACENT RESIDENTIAL COMMUNITY, AND SO WE HAVE BEEN WORKING WITH THEM TO CREATE AN AGREEMENT ESSENTIALLY TO ENHANCE THE WALL, TO IMPROVE IT. THERE'S STUCCO FALLING OFF OF IT. WE WANT TO MAKE SURE IT IS BROUGHT UP TO CODE AND IT IS A LOT MORE ATTRACTIVE. WE'VE BEEN WORKING DILIGENTLY WITH THE COMMUNITY IN ORDER TO GET THAT AGREEMENT WRAPPED UP AND I BELIEVE WE'RE JUST WAITING ON ONE OR TWO SIGNATURES AT THIS POINT, BUT IT'S MY UNDERSTANDING THAT ALL OF THE TERMS OF THE AGREEMENT HAVE BEEN WORKED OUT AT THIS POINT. REALLY, THERE'S THE ISSUE WITH PROVIDING A WALL ADJACENT TO ANOTHER WALL IS YOU HAVE TO HAVE FOOTERS, AND THERE'S GOT TO BE A SEPARATION BETWEEN AN EXISTING STRUCTURE AND THE WALL IN ORDER TO ENSURE THAT IT'S STRUCTURALLY APPROPRIATE. AND SO IF YOU HAVE A TWO-FOOT GAP BETWEEN THE TWO WALLS THAT CREATES A SPACE FOR UNSAVORY ACTIVITIES, IT'S NOT IN LINE WITH CPTED PLANS AND GOALS. AND SO IT COULD CREATE A LOCATION FOR CRIMINAL ACTIVITY, WHICH WE CERTAINLY DON'T WANT, AND I'M SURE THE RESIDENTS DO NOT WANT EITHER. GETTING INTO THE SITE PLAN A LITTLE BIT, HERE YOU HAVE A RENDERED SITE PLAN ON YOUR SCREEN. THE MAIN ACCESS POINT IS FROM WEST MCNAB ROAD. THERE IS A DEDICATED ACCESS FOR THIS PROPERTY AND THERE IS ALSO SHARED ACCESS FROM THE COMMERCIAL CENTER TO THE EAST. OBVIOUSLY, YOU DO HAVE THAT INGRESS AND EGRESS. YOU HAVE PARKING SPECIFICALLY FOR THE CALI COFFEE EMPLOYEES MOSTLY ON THE EAST SIDE, AND THEN THE DRIVE-THROUGH CIRCULATES TO THE REAR AND THEN THE WESTERN AND BACK OUT ON THE SOUTH SIDE OF THE BUILDING. SO THERE IS A SMALL OUTDOOR SEATING AREA AND WALK UP WINDOWS. FOR THOSE THAT DO YOU WANT TO GET OUT OF THEIR CAR, THEY CAN PARK. THE WALK-UP WINDOWS ARE LOCATED ON THE EAST SIDE; ON THE RIGHT-HAND SIDE OF THE BUILDING, WITH A SMALL OUTDOOR SEATING AREA ON THE NORTH SIDE. BUT, AGAIN, PRIMARILY, THE BUSINESS IS REALLY DRIVE-THROUGH ORIENTED. SIMILAR, YOU MIGHT SEE A CHICK-FIL-A OPERATES, AND I BELIEVE RAISING CANE'S, AND A LOT OF THOSE OTHER DRIVE-THROUGH FOCUSED ESTABLISHMENTS. CALI COFFEE DOES HAVE EMPLOYEES OUT WITH IPADS TAKING ORDERS SO THAT YOU AREN'T STANDING IN LINE TO PLACE YOUR ORDER, THEN WAITING FOR AN EXTENDED PERIOD OF TIME FOR YOUR DRINKS TO BE MADE. INSTEAD, WHILE YOU GET IN LINE, THEY CAN TAKE AND PROCESS YOUR ORDER SO THAT THE EMPLOYEES CAN START MAKING THE BEVERAGES AND GET CUSTOMERS THROUGH VERY QUICKLY. THAT'S PART OF THEIR BUSINESS MODEL HERE AS WELL. AGAIN, WE'VE GONE OVER THE FLOOR PLAN A LITTLE BIT, BUT HERE'S A ZOOMED IN VERSION THAT SHOWS THE WALK-UP WINDOW AND OTHER LOCATIONS AS WELL AS THE OUTDOOR SEATING AREAS, AND THEN JUST SOME OF THE COLOR BUILDING ELEVATIONS FOR YOU. AND THE ARCHITECTURAL DESIGN IS FAIRLY MODERN. THERE'S CHANGING PARAPETS AND MATERIAL APPLICATION THAT FRAMES DIFFERENT ELEMENTS OF THE FACADE. THEY ALSO HAVE WOOD SIDING ACCENTS TO CREATE VISUAL INTEREST AND WARMTH. THIS IS THE WEST ELEVATION, THE NORTH ELEVATION WITH THE OUTDOOR SEATING AREA, AND THE SOUTH ELEVATION THAT WILL FRONT MCNAB ROAD. JUST TO, AGAIN, GIVE YOU A LITTLE BIT MORE GRAPHICAL IMAGERY ABOUT THE MATERIALS SO THAT IT'S A LITTLE EASIER TO SEE AND VISUALIZE. WITH THAT, OUR TEAM IS HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE THIS EVENING. THANK YOU. >> THANK YOU. AT THIS TIME, I KNOW MS. CALLOWAY HAS A PRESENTATION IF THE COMMISSION SHOULD DESIRE, SO WE'LL HOLD THAT OFF FOR RIGHT NOW. I'M GOING TO OPEN THIS MATTER UP FOR PUBLIC COMMENTS. SEEING THERE ARE NO PUBLIC COMMENTS. [02:30:02] PUBLIC COMMENTS ARE NOW CLOSED. I WILL NOW ASK FOR A MOTION AND A SECOND FOR THIS ITEM. ACTUALLY, WE'RE GOING TO GO TO THE READING OF EACH? >> YES, IF YOU WISH. [OVERLAPPING] >> BUT ARE WE DOING DISCUSSION FIRST? CAN WE DO DISCUSSION FIRST WITHOUT THE MOTIONS AND THEN JUST DO THE MOTIONS AND HAVE ROLL CALL OR ARE WE GOING TO HAVE TO HAVE DISCUSSION AFTER EACH MOTION? >> I THINK IF YOU ARE GOING TO HAVE A DISCUSSION NEEDS TO BE DIRECTED TO EACH INDIVIDUAL ITEM. [NOISE] BECAUSE THEN THE VOTE MAY DEPEND UPON WHAT THAT DISCUSSION IS. >> CONSIDERING THE PRESENTATION IS ALL IN ONE IT'S A LITTLE HARD TO THEN PRESUME THAT THIS COMMISSION WILL BE PULLING OUT EACH INDIVIDUAL ONE TO DETERMINE WHETHER WE'RE TALKING ABOUT A VARIANCE OR A [OVERLAPPING] PARAPET OR SOMETHING. ALL THE SAME TO THIS COMMISSION. I THINK WE SHOULD HAVE DISCUSSION ON THE ITEM AS A WHOLE AND THEN JUST DO THE MOTIONS ACCORDINGLY TO SAVE TIME. IS THERE ANYONE ON THE DAIS WHO HAS ANY QUESTIONS FOR THE APPLICANT OR THE CITY AT THIS TIME? SEEING NONE, THEN I DO SO AND THERE ARE ALTOGETHER. I SEE THE HOURS OF OPERATION. THANK YOU FOR GIVING THAT TO US. IT'S 05:30-10:00 P.M. AND 7:00 IN THE NIGHT. I'M JUST GOING TO GIVE YOU GENERAL COMMENTS. I HAVE A CONCERN IN THE AREA AND TAKE THIS AS I LIKED THE IDEA, BUT I HAVE A CONCERN IN THE AREA REGARDING SECURITY AND REGARDING AT THIS TIME, WE HAVE SOME PEOPLE WHO LIKE TO STAY OVERNIGHT OUTSIDE. WHAT IS THE BUSINESSES LIGHTING SITUATION? SECURITY PLANS. DO YOU HAVE PLANS FOR SECURITY FROM 10 O'CLOCK HOUR THROUGH THE 05:30 A.M HOUR AND WILL YOU BE WILLING TO WORK WITH OUR BSO DEPUTIES REGARDING THE NO TRESPASS WARRANTS IF NEED BE? >> THE LIGHTING IS GOING TO BE COMPLIANT WITH THE CITY'S PHOTOMETRIC REQUIREMENTS IN TERMS OF MINIMUM AND MAXIMUM LIGHTING LEVELS. WE DO HAVE A FULL PHOTOMETRIC PLAN IN THE PACKAGE THAT HAS BEEN REVIEWED AND VETTED BY THE CITY STAFF. WE ARE CERTAINLY WILLING TO WORK WITH BSO TO ENSURE ANY OF THEIR CONCERNS ARE ADDRESSED. THEY HAVE BEEN PART OF THE DRC REVIEW OF THE PROJECT AS WELL. WE'RE HAPPY TO CONTINUE WORKING WITH THEM THROUGH THE PERMITTING PROCESS AND BEYOND IF THERE ARE ANY ISSUES THAT COME UP, EVEN AFTER THE FACT, WE'RE CERTAINLY WILLING TO DO THAT. >> GREAT. THANK YOU. IS THERE SECURITY IN GENERAL? WILL THERE BE SECURITY AT THIS LOCATION? >> YEAH. I'M TRYING TO CONFIRM WITH MY CLIENT WHAT EXACTLY THE SECURITY PLANS ARE. I'M NOT SURE IF THEY ARE GOING TO HAVE CAMERAS IN PLACE OR NOT, BUT I CAN TRY AND GET THAT ANSWER FOR YOU QUICKLY. >> OKAY. THANK YOU. I SEE THAT IMPACT FEES HAVE BEEN ASSESSED TO THIS PROPERTY. WE STARTED IMPACT FEES. WE STOPPED DUE TO COVID. IMPACT FEES ARE BACK ON WHICH WOULD ALSO WORK TO ALLEVIATE SOME OF THE ISSUES OF SECURITY AND THE LIKE. THE OTHER THING IS IN OUR SPECIAL EXCEPTION ORDERS FOR ALL OF THEM, THEY GENERALLY SAY SPECIAL EXCEPTION SHALL ONLY REMAIN VALID DURING THE PERIOD IN WHICH THE CERTIFICATE OF OCCUPANCY AND BUSINESS LICENSES REMAIN ACTIVE. THEN THE NEXT ONE IS A SPECIAL EXCEPTION IS TRANSFERABLE ADMINISTRATIVELY SUBJECT TO COMPLIANCE WITH THE CITY CODE, SUBMITTING DOCUMENTATION, PAYMENT OF FEES, COMPLIANCE WITH CONDITIONS APPROVALS HERE IN. ONE OF THE THINGS THAT IS MORE IN LINE FOR YOU, BUT MORE FOR OUR CITY STAFF AND I'M JUST PUTTING IT ON THE RECORD AS I HAVE SPOKEN WITH OUR COMMUNITY DEVELOPMENT MANAGER, MS. CALLOWAY, AND THE CITY MANAGER REGARDING THE SAME, MAKING IT SUCH THAT IF IN THE FUTURE YOU SHOULD TRANSFER THE BUSINESS OR THE RIGHTS TO SOMEONE ELSE, THEY COME WITH THE FULL ENTITLEMENTS. WE HAVE SEEN IN THE PAST HERE IN THE CITY THAT THE NEW OWNER AND OPERATOR ARE NOT ALWAYS AWARE OF THE RULES AND REGULATIONS OF RECEIVING A SPECIAL EXCEPTION PERMIT. IT HAS CREATED A LITTLE BIT OF CONCERN. I'VE ASKED FOR THE DOCUMENT TO BE WRITTEN UP TO ADDRESS [02:35:04] THAT ISSUE IF THERE SHOULD BE A CHANGE IN OWNERSHIP, THAT THIS SPECIAL EXCEPTION WILL BE SIGNED BY THE NEW OWNER OR OPERATOR VERSUS JUST BEING A PUBLIC RECORD. AS AN ATTORNEY, YOU'RE FAMILIAR WITH SOMETIMES YOUR CLIENTS SAY, I DON'T CARE WHAT YOU SAY, JUST SIGN IT, JUST DO IT, JUST GET IT TO ME. I'VE GOT IT THIS WAY THERE'S NO CHANCE OF, OH, I DIDN'T KNOW. THEN THERE BEING ANY ISSUES THAT HAVE TO COME BACK TO THE CITY COMMISSION TO DEAL WITH THAT THE PEOPLE DID NOT KNOW THAT THE SPECIAL EXCEPTIONS HAD SPECIAL EXCEPTIONS ON IT. >> UNDERSTOOD. >> YOU WILL BE GOOD WITH THAT AMENDMENT? >> YES. TO YOUR EARLIER POINT, THERE WILL BE SECURITY CAMERAS OPERATING THROUGHOUT THE PROPERTY OVERNIGHT, AND THERE'S ALSO A SECURITY FENCE GOING ROUND THE RETENTION AREA. >> GREAT. THANK YOU VERY MUCH. >> THANK YOU. >> SEE NO OTHER QUESTIONS WE WILL NOW GO TO CITY ATTORNEY READING IN 98TBO57. PLEASE READ THE TITLE FOR THE RECORD. >> YES, MADAM MAYOR, MEMBERS OF THE COMMISSION, THIS IS A PROPOSED BOARD ORDER APPROVING OR DENYING A SPECIAL EXCEPTION FOR CALI COFFEE, MCNAB, 7775 WESTMINSTER ABBEY ROAD, TAMARAC, FLORIDA, 33321, TO ALLOW FOR THE USE OF A NEW ONE STORE 1,500 SQUARE FOOT RESTAURANT COFFEE SHOP, WITH THE ADDITION OF A DRIVE-THRU LANE AND RELATED INFRASTRUCTURE AND THE MUC MIXED USE CORRIDOR ZONING DISTRICT. >> I WILL TAKE A MOTION AND A SECOND, PLEASE. >> SO MOVED. >> DO I HAVE A SECOND? CITY ATTORNEY, PRESUMABLY, SINCE I CAN DO MOTIONS, I CAN DO SECONDS. I WILL DO A SECOND ON THIS ITEM. >> YES, MA'AM. >> SECOND. >> WE'LL GIVE IT OVER TO COMMISSIONER WRIGHT. WE HAVE A MOTION BY COMMISSIONER VILLALOBOS. SECOND BY COMMISSIONER WRIGHT. CITY PLANNER, PLEASE CALL THE ROLL. >> THANK YOU, MADAM MAYOR. COMMISSIONER VILLALOBOS? >> YES. >> COMMISSIONER WRIGHT? >> YES. >> MAYOR GOMEZ? >> YES. >> DR. DANIEL? >> YES. >> VICE MAYOR BOLTON? >> YES. >> THANK YOU. MOTION PASSES FIVE TO ZERO. >> THANK YOU. 9BTBO54 CITY ATTORNEY PLEASE READ THE TITLE FOR THE RECORD. [9.b TBO54 - Board Order Approving/Denying Variances for Cali Coffee McNab - 7775 W McNab Road, Tamarac, FL 33321 seeking variance from Section 10-4.7(D)(5)(b)(i)A to allow for the reduction of the minimum transparent glazing requirement from the required thirty percent (30%) to twenty-five percent (25%); inclusive of the use of faux window treatment] >> YES. MADAM MAYOR MEMBERS OF THE COMMISSION THIS IS A BORDER OR APPROVING OR DENYING VARIANCE FOR CALI COFFEE MCNAB AT 7775 WEST MCNAB ROAD, TAMARAC, FLORIDA 33321, SEEKING A VARIANCE FOR SECTION 10-4.7D5 B1A TO ALLOW FOR THE REDUCTION AND THE MINIMUM TRANSPARENT GLAZING REQUIREMENTS FROM THE REQUIRED 30 PERCENT TO 25 PERCENT, INCLUSIVE OF THE USE OF FAUX WINDOW TREATMENT. >> BEFORE GOING INTO THE MOTION AND SECOND CLEARING, CONFIRMING, OR CORRECTING THE LAST MOTION IT WAS FOR APPROVAL BECAUSE IT SAYS APPROVING OR DENYING IN THE TITLE [OVERLAPPING] SO THE MOTION AS OF THE FIRST ONE FOR 9A WAS FOR APPROVAL. >> SUBJECT TO THE CONDITIONS SET FORTH IN THE RECOMMENDATION. >> THE SECOND RECOMMENDATION FOLLOWS THROUGH ON 9B AS WELL. I SEEK A SECOND ON APPROVING THE VARIANCE FOR 9B. DO I HAVE A SECOND? >> SECOND. >> SECOND BY COMMISSIONER VILLALOBOS. >> SECOND. >> ROLL CALL, PLEASE. >> THANK YOU, MADAM MAYOR. VICE MAYOR BOLTON? >> YES. >> DR. DANIEL? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER WRIGHT? >> YES. >> MOTION PASSES FIVE TO ZERO. THANK YOU. >> SORRY, JUST A LITTLE HOUSEKEEPING. WE ARE NOW AT 9CTBO55 CITY ATTORNEY, [9.c TBO55 - Board Order Approving/Denying Variance for Cali Coffee McNab - 7775 W McNab Road, Tamarac, FL 33321, seeking relief from Section 10-4.4(D)(3)(c)(ii) of providing a new solid masonry buffer wall along the rear property line abutting a residentially zoned property where one currently exist] PLEASE READ THE TITLE FOR THE RECORD. >> YES, MADAM MAYOR, MEMBERS OF THE COMMISSION, THIS IS A BOARD ORDER, EITHER APPROVING OR DENYING A VARIANCE FOR [INAUDIBLE] MCNAB, 7775 WEST MCNAB ROAD, TAMARAC, FLORIDA 33321 SEEKING RELIEF FROM SECTION 10-4.4D3C2. PROVIDING A NEW SOLID MASONRY BUFFER WALL ALONG THE REAR PROPERTY LINE OF BUDDING A RESIDENTIAL PROPERTY, WHERE ONE CURRENTLY EXIST. >> MAKING A MOTION AND A SECOND FOR APPROVAL OF 9C, WITH THE SAME MODIFICATION AS A AND B. >> MOTION TO APPROVE. >> SECOND. >> I HAVE A MOTION BY THE VICE MAYOR, SECOND BY COMMISSIONER VILLALOBOS, CITY CLERK, PLEASE CALL THE ROLL. [02:40:01] >> THANK YOU, MADAM MAYOR, COMMISSIONER WRIGHT? >> YES. >> VICE MAYOR BOLTON? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >>DR. DANIEL? >> YES. >> MAYOR GOMEZ? >> YES. >> MOTION PASSES FIVE TO ZERO. THANK YOU. >> THANK YOU, 9DTR13803, [9.d TR13803 - A Resolution of the City Commission of the City of Tamarac, Florida, granting site plan approval (major) with conditions to allow for the development of a new one (1) story, one thousand five hundred square foot (1,500 sq.ft.) building with the addition of a drive-through lane and related infrastructure for a proposed restaurant, Cali Coffee, for the subject property located at 7775 West McNab Road, Tamarac, Florida, legally described in Exhibit “A”, attached hereto (Case No. 12-SP-21); providing for conflicts; providing for severability; and providing for an effective date] CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD. >> MADAM MAYOR, MEMBERS OF THE COMMISSION. THIS IS A RESOLUTION OF THE CITY COMMISSION, CITY OF TAMARAC, FLORIDA, GRANTING SITE PLAN APPROVAL MAJOR WITH CONDITIONS TO ALLOW FOR THE DEVELOPMENT OF A NEW ONE STORY, 1,500 SQUARE FOOT BUILDING WITH THE ADDITION OF A DRIVE-THROUGH LANE AND RELATED INFRASTRUCTURE FOR A PROPOSED RESTAURANT, CALI COFFEE FOR THE SUBJECT PROPERTY LOCATED AT 7775 WEST MCNAB ROAD, TAMARAC, FLORIDA, LEGALLY DESCRIBING THE EXHIBIT A ATTACHED TIER 2 CASE NUMBER 12-SP-21, PROVIDING FOR CONFLICTS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU. I'LL TAKE A MOTION AND SECOND. >> MOTION MOVED. >> SECOND. >> MOTION BY COMMISSIONER VILLALOBOS. A SECOND BY THE VICE MAYOR. CITY CLERK, PLEASE CALL THE ROLL. >> THANK YOU, MADAM MAYOR. MAYOR GOMEZ? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> DR. DANIEL? >> YES. >> COMMISSIONER WRIGHT? >> YES. >> VICE MAYOR BOLTON? >> YES. >> THANK YOU. MOTION PASSES FIVE TO ZERO. >> CALI COFFEE. WELCOME TO THE CITY. >> THANK YOU VERY MUCH. >> WE WILL NOW MOVE TO ITEM 9ETBO60. [9.e TBO60 - Board Order approving/denying Special Exception application for Alamod Hookah Lounge located at 6520 North University Drive, Tamarac, Florida 33321, to allow for the use of a renovated one (1) story, two-thousand-foot (2,000 sq.ft.) tapas restaurant with the addition of a hookah lounge and alcohol sales within an existing plaza in the MU-N (Mixed-Use Neighborhood) zoning district, pursuant to the Tamarac Code of Ordinances] AS THIS IS ONLY ONE ITEM FOR THIS PARTICULAR MATTER, WE WILL GO THROUGH THE NORMAL CHANNELS AND CITY ATTORNEY WILL READ THE TITLE FOR THE RECORD. >> YES, MAYOR MIRROR. THIS IS A BOARD ORDER APPROVING OR DENYING A SPECIAL EXCEPTION APPLICATION FOR ALAMOD WHO GOT LOUNGE LOCATED AT 6520 NORTH UNIVERSITY DRIVE, TAMARAC, FLORIDA 33321, TO ALLOW FOR THE USE OF A RENOVATED ONE STORY 2,000 FOOT TOPLESS RESTAURANT WITH THE ADDITION OF A HOOKAH LOUNGE AND ALCOHOL CELLS WITHIN AN EXISTING PLAZA, AND THE MUN MIXED-USE NEIGHBORHOODS, SONY DISTRICT PERCENT OF THE TAMARAC CODE OF ORDINANCES. >> THANK YOU. WE'VE ALREADY DONE THE RULES OF JUDICIAL AND WE'VE DONE SWEARING IN. I WILL NOW ASK IF THERE ANY DISCLOSURES BY THE COMMISSION. VICE MAYOR BOLTON. >> I JUST MET THE APPLICANT TONIGHT. >> COMMISSIONER DANIEL. >> NO. >> NO DISCLOSURE. NO DISCLOSURES BY MYSELF. >> NONE. >> NONE FOR COMMISSIONER VILLALOBOS. >> I MET THE APPLICANT TONIGHT. >> NO FULL DISCLOSURE. [OVERLAPPING]. >> I MET HIM TONIGHT. >> MEETING IS FINE AND ACTUALLY THAT DOESN'T REQUIRE DISCLOSURE. IF YOU HAD ANY SUBSTANTIAL OF CONVERSATIONS REGARDING THE ITEM THAT'S FOR DISCLOSURE, BUT WE'RE ALL GOOD. I'LL TAKE A MOTION AND A SECOND FOR THIS ITEM. >> SOME HOW. >> SECOND. >> WE'VE GOT A MOTION BY COMMISSIONER VILLALOBOS, SECOND BY THE VICE MAYOR AND OUR APPLICANT WILL NOW MAKE A PRESENTATION. >> THANK YOU. >> THANK YOU, MADAM MAYOR, MR. VICE MAYOR, MEMBERS OF COMMISSION? MY NAME IS WILLIAM DILLY, REPRESENT ALAMOD HOOKAH LOUNGE. EUGENE, MY CLIENT. [NOISE] WE ARE HERE FOR A SPECIAL EXCEPTION TO ALLOW THE USE OF A BAR LOUNGE TAVERN IN A MIXED USE NEIGHBORHOOD ZONING DISTRICT. THE VISION FOR ALAMOD HOOKAH LOUNGE IS TO BRING A UPSCALE LOUNGE FIELD TAMARAC. >> WILL YOU EXCUSE ME FOR ONE SECOND. I'M VERY SORRY. JUST FOR THE RECORD CONFIRMING BOTH OF YOU HAVE BEEN SWORN IN, CORRECT? >> I WAS NOT ACTUALLY COUNCIL [BACKGROUND] >> THANK YOU. JUST MAKING SURE FOR THE RECORD. THANK YOU VERY MUCH. >> THANK YOU, MA'AM. >> AGAIN, THE VISION FOR ALAMOD IS TO BRING A UPSKILL LOUNGE FEEL TO TAMARAC. THE PROJECT HAS UNIQUE DESIGN, ARCHITECTURAL DETAILS AND MODERN DETAILS. AS YOU CAN SEE, THE GRASS WALL AND THE NEON LIGHTING. THE IDEA IS TO BRING ALSO THE TIMELESS TRADITION OF HOOKAH AND A MEDITERRANEAN-INSPIRED TAPAS MENU. OUR GOAL IS TO CATER TO TAMARAC, INCREASINGLY DIVERSE POPULATION, TO HOST CHARITY AND BUSINESS NETWORKING EVENTS, AND A SUNDAY BRUNCH. THE VISIONARY FOR ALAMOD IS KERBY EUGENE. KERBY EUGENE IS A HAITIAN IMMIGRANT, FORMER COLLEAGUES TRACK STAR, ENTREPRENEUR, AND BUSINESS MENTOR. WHAT MR. EUGENE IS LOOKING FOR IS TO PROVIDE AN UPSCALE ENVIRONMENT FOR THE YOUNG RISING STARS AT COMMUNITY TO RELAX AND UNWIND WITH THE FIELD OFTEN FIND OUTSIDE OF MAJOR URBAN CENTERS LIKE NEW YORK OR MIAMI. [02:45:04] THE PROJECT ITSELF, AS YOU CAN SEE HERE, HAS ABOUT 27, 29 SEATS. YOU CAN SEE THERE'S COUCHES ALONG THE WALL AND A LITTLE TABLES FOR HOOKAH OR FOR TAPAS. THERE ARE DECORATIVE GRASS WALLS, AS YOU SAW IN THE LAST PHOTO, WITH CUSTOM NEON SIGNS. 6-8 TELEVISIONS, SMALL BAR AREA, RESTROOMS, AND A FOOD PREP AREA ON THE BOTTOM LEFT. IMPORTANTLY, THERE IS NO OPEN FLAME COOKING AND NO EXTERNAL MODIFICATIONS. HERE ARE SOME IN-PROCESS PICTURES YOU CAN SEE AGAIN, THE GRASS WALLS AND A PICTURE AREA. OBVIOUSLY, IT'S NOT QUITE FINISHED, SOME MORE PAINTING LEFT TO DO, AND THINGS OF THAT NATURE. HOURS OPERATION WILL BE ON WEEKDAYS 4:00 PM TO 2:00 AM. ON WEEKENDS FOR BRUNCH, 11:00 AM TO 2:00 AM. THE PROJECT SITE IS LOCATED AT 6520 NORTH UNIVERSITY DRIVE. IT'S KNOWN AS MURAL PLAZA. IT'S ABOUT THREE-AND-A-HALF ACRES. THERE ARE 11 UNITS ACROSS TWO BUILDINGS. IT'S A ZONED MIXED-USE NEIGHBORHOOD. THE NEIGHBORS IN THE PLAZA INCLUDE A KAVA LOUNGE, A LATE NIGHT ICE CREAM COOKIE SHOP, DENTAL OFFICE, AND SENIOR CENTER. THIS IS A MAP OF THE PROJECT AREA. IMPORTANTLY, THERE ARE 141 STANDARD PARKING SPACES IN THIS PLAZA AND SIX HANDICAP PER CODE. ALAMOD REQUIRE 28 PARKING SPACES, AND CONSIDERING THE HOURS OF OPERATION ARE STAGGERED FROM [INAUDIBLE] TENANTS, THERE WILL BE NO PROBLEMS AT ALL WITH PARKING. NEIGHBORHOOD ON THE NORTH AND SOUTH ON UNIVERSITY OF PROFESSIONAL COMPLEXES. ON THE EAST BEHIND THE PLAZA IS A TOWNHOUSE NEIGHBORHOOD BEHIND THE RETAINING WALL AND THE OTHER WAY ACROSS UNIVERSITY ARE CONDOMINIUMS. AGAIN, OUR REQUEST IS FOR A SPECIAL EXCEPTION WHICH IS REQUIRED TO ALLOW A BAR, LOUNGE, TAVERN, AND IT MAKES USE NEIGHBORHOOD DISTRICT. THE USE IS CONSISTENT WITH THE STANDARDS OF APPROVAL IS ALL LAID OUT IN OUR BACKUP. IT'S ALSO SUPPORTED BY THE CITY'S ECONOMIC DEVELOPMENT PLANS, THE CREATIVE ENVIRONMENT THAT SUPPORTS SMALL BUSINESS. WE HOPE TO SEE YOU-ALL END UP AT ALAMOD AND THANK YOU ALL VERY MUCH FOR YOUR TIME. ANY QUESTIONS? >> BEFORE I'M GOING TO QUESTIONS FOR THIS COMMISSION, I WILL OPEN IT UP FOR PUBLIC COMMENTS. IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO MAKE ANY COMMENTS? SEEING NONE PUBLIC COMMENTS ARE NOW CLOSED. SEEING THAT NONE OF MEMBERS OF THE COMMISSION HAVE ANY QUESTIONS I HAVE SEVERAL. CAN YOU BRING BACK THE ITEM WHERE THE SHOP IS. YOU'RE SAYING YOU'RE GOING TO BE GOING NEXT TO COOKIES AND CREAM AND NOTHING IS AT THIS TIME LOCATED AT 6510 TO THE RIGHT OF YOU? >> CORRECT. >> EXCUSE ME FOR A SECOND, MS. CALLOWAY, ON THIS DRAWING, IT SAYS THERE'S A RESTAURANT IN THERE. >> I'M SORRY, I THOUGHT THE RESTAURANT WAS IN 6540. IT'S AT KAVA LOUNGE I BELIEVE. >> THAT'S KAVA LOUNGE. >> KAVA LOUNGE IS A LOUNGE AND DIDN'T NEED TO COME TO SPECIAL EXCEPTION? >> NO, IT DID NOT. >> ONE OF THE NEIGHBORS THAT YOU DO NOT HAVE ON HERE IS A MARIJUANA DISPENSARY. THEN IF YOU CAN GO BACK TO THE NEXT SLIDE, IF YOU WOULD PLEASE, THE NEIGHBORHOOD, WHICH YOU ALSO DON'T HAVE HERE ON THE WEST SIDE IS ALSO ANOTHER MARIJUANA DISPENSARY. I'M BRINGING THIS TO THE ATTENTION BECAUSE I WANT A FULL PICTURE OF WHAT ACTUALLY IS IN THIS LOCATION. WHEN YOU HAVE YOUR BUSINESS AS A HOOKAH LOUNGE, PLEASE GIVE US SOME MORE VERBIAGE OF ACTUALLY WHAT A HOOKAH LOUNGE IS. >> CERTAINLY. THE TRADITIONAL HOOKAH IS TOBACCO. IT'S TOBACCO THAT'S FLAVORED, IT'S NOT MARIJUANA. IT ISN'T THE GOAL OF THE BUSINESS IMAGINATION. IT IS JUST A TRADITION. THERE'S MULTIPLE HOOKAH LOUNGES IN CENTRAL AND WEST BROWARD. THEY'RE MOSTLY SERVICED IN MIDDLE EASTERN POPULATION BECAUSE HOOKAH IS TRADITIONAL IN THEIR CULTURE AND IT'S PART OF WHAT THEY DO. [02:50:03] WE WILL ALSO OBVIOUSLY BE SERVING TAPAS, BEER, AND WINE. OUR MENU AND WE'RE CATERING TOWARDS THE MIDDLE EASTERN CLIENTELE AND THOSE WHO USE A HOOKAH SO WE'RE GOING TO HAVE MEDITERRANEAN-INSPIRED TAPAS, HUMMUS, THINGS OF THAT NATURE. THE GOAL IS A PLACE TO COME AND RELAX, SMOKE HOOKAH, TOBACCO, SHISHA, NOT MARIJUANA, EAT TAPAS, POTENTIALLY WATCH A FOOTBALL GAME OR COME FOR BRUNCH AND HAVE SOME CREPES AND WHATEVER ELSE. THAT'S THE VISION, THAT'S THE GOAL. >> WHAT STOPS PEOPLE, BECAUSE IT IS A BURNING. HOOKAH THE ACTUAL EQUIPMENT DOES ALLOW FOR THE BURNING OF MARIJUANA. IT ALLOWS FOR THE BURNING OF ANYTHING YOU WISH TO BURN AND INHALE. >> YOU CERTAINLY CAN'T DO THAT. >> IT IS A COMMUNAL. BEAR WITH ME. BUT THE PURPOSE IS FOR THE PRIMARY FUNCTION OF THIS PLACE IS REALLY TO SMOKE AND RELAX. I'M NOT SAYING SMOKE POT, I'M JUST SAYING SMOKE AND RELAX. YOU'RE CENTERING IT'S CALLED A HOOKAH LOUNGE. YOU'RE NOT COMING, LET'S JUST WATCH FOOTBALL AND GRAB A BEER. >> YES, BUT THERE EXISTS MULTIPLE HOOKAH LOUNGES THAT EXISTED LONG BEFORE THERE WAS MARIJUANA DISPENSARIES AND THE THING. [OVERLAPPING] >> I'M NOT TALKING ABOUT MARIJUANA, I'M TALKING ABOUT SMOKING. >> YES. >> WHATEVER YOU'RE SMOKING, YOU'RE SMOKING AND YOU'RE SMOKING IN A COMMUNAL PLACE. >> RIGHT. >> INSIDE A BUILDING. THAT'S WHERE I WAS GOING WITH THIS. [NOISE] HAVE YOU MADE ANY ACCOMMODATIONS TO YOUR BUILDING FOR AIR FILTERS? >> YES. >> THIS DOES NOT GO THROUGH TO YOUR NEIGHBORING BECAUSE THIS BUILDING, AS YOU KNOW, WAS SET UP AND ESTABLISHED AS A RETAIL SPACE. EIGHT BAYS ORIGINALLY RETAIL SPACE DIVIDED INTO 11 BECAUSE IT WASN'T DONE ON SPEC, IT WAS JUST PUT UP. RIGHT? >> THAT'S RIGHT. >> IT WAS ALSO MEANT FOR MEDICAL FACILITIES. IT IS NEIGHBORING OUR MEDICAL MILE AND THE FOCUS OF THIS LOCATION WAS TO ENCOURAGE MEDICAL FACILITIES, RETAIL FACILITIES, THINGS LIKE NOT A LOUNGE TYPE AREA, NOT A RESTAURANT, IT'S A NEIGHBORHOOD, IT'S IN A NEIGHBORHOOD. IT'S NOT A COMMERCIAL. IT'S A MIXED-USE NEIGHBORHOOD, NOT A MIXED-USE COMMERCIAL PLAZA. THAT'S WHY YOU'RE HERE FOR A SPECIAL EXCEPTION. THESE ARE THINGS THAT A SPECIAL EXCEPTION CAN ALLOW YOU TO DO IF THE COMMISSION ALLOWS YOU TO DO IT. YOU'VE SEEN THE PRESENTATION EARLIER TODAY REGARDING SMOKING AND THE HEALTH EFFECTS. >> IT WAS TIMING. >> IT IS A LITTLE BIT BIZARRE TODAY THAT WE ARE SITTING HERE SAYING WE DON'T WANT SMOKING, WE WANT EVERYBODY TO BE HEALTHY AND YET I UNDERSTAND YOUR BUSINESS. BUT YOUR BUSINESS IS PRIMARILY COME RELAX, SMOKE, SMOKE IT. WHATEVER YOUR BUSINESS, YOUR LEGAL TOBACCO, CHOCOLATE, WHATEVER FLAVORS YOU'VE GOT GOING ON. WHERE IT IS NEIGHBORING AND BORDERING OTHER BUSINESSES, SOME ARE NOT IN JUST YET AND WE ALL KNOW SMOKE DOES TRAVEL. IT GOES INTO THE FACILITIES, IT GOES INTO THE AIR AND IT CAN GO INTO YOUR NEIGHBORING. I UNDERSTAND THE COOKIES AND CREAM IS RIGHT NEXT DOOR. >> WOULD IT SATISFY THE COMMISSION IF WE CONDITIONED, AND MADE SURE THAT ANY AIR FILTRATION SYSTEM WAS JUST THAT UNIT AND IT WASN'T NEIGHBORS. I UNDERSTAND YOUR POINT ABOUT SOMEBODY SMOKING HOOKAH IN THERE AND THEN TRAVELING TO THE MEDICAL OFFICE NEXT DOOR. THEN WHEN THEY GET THERE THE NEXT MORNING, IT SMELLS LIKE HOOKAH IN THERE, I TOTALLY UNDERSTAND THAT AND I WOULD NOT WANT THAT TO BE THE CASE EITHER. CERTAINLY, WE CAN MAKE SURE THAT IS SOMETHING THAT IF POSSIBLE, I'M NOT AN ENGINEER, SO I COULDN'T TELL YOU THAT'S POSSIBLE, BUT I UNDERSTAND YOUR CONCERN AND WE WILL DO WHAT WE CAN TO MITIGATE IT. TO YOUR EARLIER CONCERN ABOUT SMOKING, I THINK VICE MAYOR BOLTON MADE A GOOD POINT. A PARK IS A PUBLIC PLACE FOR EVERYBODY TOGETHER AND IF PEOPLE WANT TO SMOKE, THEY SHOULD BE ABLE TO DO IT IN DESIGNATED SPACES WHERE THAT'S WHAT'S HAPPENING THERE. I GUESS IF WE ARE ABLE TO DO THIS IN A WAY WHERE THE SMOKE IS NOT TRAVELING THROUGH THE AIR SYSTEM FROM ONE UNIT TO ANOTHER, IT IS KEEPING IT IN ONE SMALL SPACE. THERE'S ONLY ONE DOOR ON THE FRONT, ONE DOOR IN THE BACK OF THIS UNIT. IT'S HURRICANE WINDOWS, CONCRETE BLOCK, STEEL ROOF. IT'S NOT LIKE IT'S GOING TO BE SEEPING THROUGH VERY THIN WALLS TO THE NEIGHBORING UNITS OR ANYTHING LIKE THAT. >> I APPRECIATE. IF I SHOULD HAVE ANY DESIRE TO MOVE FORWARD, I WOULD BE MAKING THAT AS A REQUEST AS A SPECIAL EXCEPTION FOR THE FILTERS BECAUSE SMOKE PENETRATES. [02:55:01] AS WE ALL DRIVE TODAY AND WE'RE IN OUR CARS AND WE SMELL THE SMOKE COMING FROM THE CAR IN FRONT OF US OR TO THE SIDE OF US AND WE'RE DRIVING OUR CARS AND WE'RE OUTSIDE IN PUBLIC. I'M JUST SAYING SMOKE TRAVELS. JUST LIKE SOUND TRAVELS, SMOKE TRAVELS, WHATEVER THE SMOKE MAY BE. FLORIDA LEGISLATIVE, I KNOW THEY JUST CHANGED IT TO THE CLEAN AIR ACT. THIS ISN'T A STANDALONE. I UNDERSTAND THE ONE DOOR IN, ONE DOOR OUT. BUT I STILL HAVE SOME SEVERE RESERVATIONS ABOUT ALLOWING A SMOKE BUSINESS, ACTUAL SMOKING BUSINESS AT A LOCATION IN THE MIDDLE OF SOMETHING THAT IS NEIGHBORHOOD. WE'VE GOT. [NOISE] I'LL BE BACK FOR MY NEXT TWO MINUTES, BUT I'M JUST LETTING YOU KNOW WHERE MY RESERVATIONS ARE RIGHT NOW. COMMISSIONER BOLTON, VICE MAYOR BOLTON. >> NO WORRIES. MS. KELLY, A QUESTION FOR YOU. >> I'M HERE. >> WHAT WERE THE HOOPS THAT THEY HAD TO GO THROUGH OR WHAT ARE THE REQUIREMENTS FOR APPROVAL AND HAVE THEY BEEN MET? >> WELL, THE APPLICATION IS FOR A SPECIAL EXCEPTION AND YOUR CODE PROVIDES AS A SPECIAL EXCEPTION FIRST HAS TO GO TO THE PLANNING BOARD IS FILED WITH OUR OFFICE. WE REVIEW IT AGAINST THE STANDARDS THAT ARE OUTLINED IN THE CODE. THEN IT'S BROUGHT TO THE PLANNING BOARD, THE PLANNING BOARD RECOMMENDED A FAVORABLE APPROVAL FOR YOUR CONSIDERATION. STAFF IS ALSO RECOMMENDING APPROVAL SUBJECT TO ONE CONDITION OF APPROVAL. YOUR SPECIAL EXCEPTION APPLICATION ALLOWS FOR CONDITIONS TO BE ATTACHED. IT ALSO ALLOWS FOR THIS TYPE OF REVIEW, PROVIDING THE APPLICANT MEET THOSE STANDARDS THAT ARE PRESCRIBED IN THE CODE. >> STAFF REVIEWED IT AND YOU HAD NO PROBLEMS, SO YOU RECOMMENDED THE APPROVAL? >> THAT'S CORRECT. >> THEN IT WENT TO THE PLANNING BOARD OF FIVE MEMBERS THEY HEARD IT, THEY HAD NO ISSUES. >> THAT IS CORRECT. >> NOW THE LAST STEP IN THE PROCESS IS TO COME BEFORE US TO SEE IF WE HAVE ISSUES, ESSENTIALLY. >> TO COME BEFORE YOU FOR YOUR CONSIDERATION. >> OKAY. >> I UNDERSTAND THAT THIS IS QUASI-JUDICIAL. MY OPINION DOES NOT REALLY MATTER OR IS NOT TAKEN INTO ACCOUNT. I WON'T STATE MY OPINIONS, BUT THE ITEM MEETS THE STANDARDS. STAFF RECOMMENDED IT. THE PLANNING BOARD RECOMMENDED IT, SO IN THAT REGARD, I'M INCLINED TO VOTE YES ON IT AND GIVE IT A TRY. I AGREE WITH THE MAYOR THAT WE PROBABLY NEED TO PUT A CONDITION OF APPROVAL AND JUST AN ADDITIONAL CONDITION SO THAT OTHER BUSINESSES ARE NOT AFFECTED. THAT WOULD BE MY COMMENT JUST FOR NOW. I'M INCLINED TO VOTE YES AND WANTING TO HEAR JUST A LITTLE BIT MORE ABOUT THE CONDITION THAT THE MAYOR WOULD WANT TO PUT FORWARD SO THAT IT'S A DOABLE CONDITION. >> COMMISSIONER VILLALOBOS. >> THANK YOU, MAYOR. MS. MAXINE, WAS THE STRUCTURE BUILT TO BE ABLE TO HOLD OFF ANY SMOKE, TRAVELING TO A ONE BAY TO THE OTHER? >> COMMISSIONER, THAT'S A TOUGH QUESTION TO HOLD OFF ANY SMOKE. I CAN'T SAY THAT WITH CERTAINTY IT'S BUILT WITH SEPARATION. IT'S THE EXPECTATION THAT IT SHOULDN'T TRAVEL, BUT I CAN'T SAY THAT WOULD CERTAINLY, THEY'RE SEPARATED ALL THE BASE ARE AS THE APPLICANT IS INDICATED, OF COURSE, THERE'S A METAL ROOF WHICH SEPARATED. I WOULD THINK THAT THAT WOULD BE SUFFICIENT, BUT I CAN'T SAY WITH CERTAINTY AT IT. >> IS THEIR ANY REPERCUSSIONS OR ANY CONSEQUENCES HAVE YOU GUYS EVER EXPERIENCED BEING INSIDE A PLAZA WHERE THERE'S RESTAURANT NEXT DOOR, A COOKIE PLACE, AND THEN THERE'S ANOTHER FACILITY, WHETHER IT'S A SENIOR FACILITY OR NOT, THAT SMOKE HAS TRANSFERRED OVER TO YOU? >> NO, BUT I JUST SPOKE TO MY CLIENTS. I WASN'T AWARE OF THE ACTUALITY OF IT, BUT THE AIR CONDITIONING SYSTEM IS INDEPENDENT TO JUST THAT UNIT. THERE'S NO AIR THAT COMES OUT OF THAT UNIT THAT GOES ANYWHERE ELSE, [03:00:03] NUMBER 1, NUMBER 2, LIKE I SAID EARLIER, THEY ARE CONCRETE BLOCK WALLS, BUT MY CLIENT REMINDED ME THAT THEY ARE TWO-HOUR SMOKE AND FIRE RATED WALLS AND THEY ARE TWO-HOUR SMOKE AND FIRE RATED DOORS. THE PURPOSE OF THOSE THINGS IS TO KEEP SMOKE AND FIRE AUTHENTICALLY WITHIN THAT UNIT OR OUT OF THAT UNIT. IT'S GOOD ENOUGH FOR FIRE CODE, THAT'S THE WHOLE PURPOSE OF THE WALLS, IT'S TWO HOURS OF THAT. AGAIN, I UNDERSTAND THE MAYOR'S CONCERN ABOUT THE AIR FILTERING FROM ONE UNIT TO ANOTHER. BUT AIR CONDITIONING IS INDEPENDENT TO THAT UNIT, IT DOES NOT SERVE AS ANY OTHER OF THE UNITS IN THE PLAZA. >> WHAT'S THE CLEANING PROCESS? >> AS FAR AS THE AIR, WE CAN CERTAINLY WELL [OVERLAPPING] >> WHAT I'M ASKING IS THERE A NIGHTLY, LET'S GET ALL THE SMOKE OUT OF THE BANK. LET'S EVERY ONCE A WEEK, REMOVE CLEANSING AIR FRESHENERS. >> WELL, FIRST OF ALL HONESTLY, I DON'T KNOW IF YOU'VE EVER SMELLED THE HOOKAH BEFORE, BUT ISN'T IT SMELLED LIKE A CIGARETTE, AT ALL. IT'S COMPLETELY DIFFERENT. IS POSSIBLE LIKE INCENSE, TO BE HONEST. THERE ARE TWO AIR FILTERS IN THE SPACE AND LISTEN. WE DON'T WANT PEOPLE TO WALK IN THERE WHEN WE OPEN IT AT 04:00 AND IT SMELLS LIKE AN OLD DIRTY BAR LIKE WE ALL KNOW WHAT THAT SMELLS LIKE. YOU WALK INTO A BAR THAT SMELLS LIKE IT WAS CLEAN THE NIGHT BEFORE, USING BLEACH, AND YOU SMELL BLEACH AND YOU SMELL OLD SMOKE IN THE FURNITURE. YOU TO SIT ON A COUCH, IT COMES UP OUT OF THE COUCH. THAT'S NOT WHAT WE WANT, WE WANT IT TO BE A NICE UPSCALE LOUNGE. WE DON'T WANT SOMEONE TO WALK IN THERE AND FEEL DINGY, DIRTY, OLD. HONESTLY, ALLOWING WHAT YOU'RE CONCERNED ABOUT TO OCCUR IS COMPLETELY CONTRARY TO THE VISION OF L. AHMAD AND OUR MISSION. >> THAT SOUNDS GOOD. THANK YOU SO MUCH. >> THANK YOU. CAN YOU PLEASE STATE HOW YOU ADDRESS THE CRITERIA IN THE CITY CODE THAT IS EXPRESSED THAT IS TO OUR SPECIAL EXCEPTIONS. WE'RE SUPPOSED TO BE HERE FOR AN A SPECIAL EXCEPTION WITH COMPETENT IN SUBSTANTIAL EVIDENCE. CAN YOU TELL US HOW YOU'VE MET THE CODES SPECIFIC COMPETENT? THIS WAS COMPETENT AND SUBSTANTIAL EVIDENCE TO WHY WE SHOULD BE MAKING A SPECIAL EXCEPTION. >> BACK-UP MATERIALS ARE PROVIDED. THERE'S JUSTIFICATION LETTER THAT WE PROVIDED THAT EACH OF THE SEVEN DIFFERENT STANDARDS THAT ARE TAKEN INTO CONSIDERATION WHEN DETERMINING WHETHER OR NOT THAT IS APPROPRIATE. CAN GO THROUGH THEM IF YOU LIKE, MADAM MAYOR. >> WELL, I'VE READ THEM, AND ARE WE REGENERATING PEDESTRIAN ACTIVITY HERE? >> NOT NECESSARILY. >> BUT THAT'S ONE OF YOUR ITEMS SAYING THAT THAT'S ONE OF YOUR CRITERIA FOR MEETING IT. FORGIVE ME, BUT I HAVE SOME ISSUES WITH WHAT HAS BEEN PROVIDED HERE AS SUBSTANTIAL AND COMPETENT EVIDENCE TO AS MAKING THIS COMMISSION WHO HAS PROTECTED KIDS FROM FLAVORED VAPES. JUST BECAUSE YOU'RE A HOOKAH, YOUR SMOKE SMELLS PRETTY. DOESN'T MEAN IT'S NOT TOBACCO, DOESN'T MEAN IT'S NOT CARCINOGEN, DOESN'T MEAN THAT IT'S NOT HEALTHY. IT DOESN'T MAKE IT HEALTHIER JUST BECAUSE YOU DIDN'T CARRY THE ODOR. >> I UNDERSTAND YOUR POINT. >> WE ARE IN A POSITION HERE WHERE WE ARE BEING ASKED AND FOR ME, WHAT I'M FINDING, MY PROBLEM IS THE LOCATION. I DO NOT FEEL THAT THIS KIND OF ENVIRONMENT BELONGS IN A PLAZA THAT WAS BUILT FOR RETAIL AND HEALTH CARE TO PUT IN A NIGHT LOUNGE. I LOVE TOPLESS, I LOVE TO EAT, I'M VERY GOOD AT IT. SMOKING, NOT SO MUCH. BUT THAT'S SOMEBODY ELSE'S JAM, AND THAT'S FINE. I HAVE A PROBLEM WITH MAKING A SPECIAL EXCEPTION AND NOT FEELING THAT THIS SUBSTANTIAL COMPETENT EVIDENCE FOR WHY THIS COMMISSION SHOULD DO SUCH A SPECIAL EXCEPTION TO 2 AM IN THIS COMMUNITY, WHICH ACROSS THE STREET IS MOSTLY RETIREMENT COMMUNITY. YOU'VE GOT RESIDENTIAL ON THE OTHER SIDE OF YOU, AND WE SHOULD BE PUTTING SOMETHING LIKE A LOUNGE IN THIS AREA. MY BELL IS UP BUT YOU CAN ANSWER IT. >> I WANT TO RESPONSE TO BOTH OF THOSE ISSUES WITH REGARD TO IT BEING PEDESTRIAN, WHAT WE ENVISIONED AT THAT POINT IN TIME WAS THERE IS THE KAABA LOUNGE DOWN THE OPPOSITE, THERE IS THE COOKIE SHOP. THERE IS HOPEFULLY L. AHMAD, SOMEBODY COULD WALK FROM AHMAD TO THE KAABA LOUNGE TO DO THE SHOPPING, UTILIZE ALL THREE THOSE BASES IN ONE NIGHT. AS FAR AS YOUR CONCERNS WITH THE MEDICAL OFFICES AND STUFF. THEY'RE GOING TO BE GONE BEFORE WE EVEN OPEN AND WE'RE SAYING WE OPEN AT FOUR BUT REALLY THE STAFF GETS THERE AT FOUR, [03:05:04] DOORS WONT OPEN UNTIL FIVE, THE FIRST PERSON PROBABLY WON'T COME IN UNTIL 5:30 WHEN THEY GET OFF WORK. ON SATURDAYS AS WELL, MY DOOR GOT OPEN ON SATURDAY UNTIL NOON, NOT UNTIL 05:00 PM. AS FAR AS THE HOURS OF OPERATION, THEY REALLY ARE STAGGERED FROM BUSINESSES, MEDICAL OFFICES, WHOEVER ELSE. THE COOKIE SHOP NEXT DOOR IS CALLED MIDNIGHT COOKIES OPEN UNTIL MIDNIGHT. I UNDERSTAND ALL OF YOUR CONCERNS, BUT I DON THINK IT'S AS FAR OF A REACH AS MY BELIEF RESPECTFULLY. >> COMMISSIONER VILLALOBOS. >> THIS MIGHT BE A QUESTION FOR LIEUTENANT COOPER, OR PERHAPS YOU CAN ANSWER TOO, BUT I SEE THE CAPTAIN JUST WALKED IN TOO. WHAT ARE THE CONSEQUENCES OR POSSIBLE ENFORCEMENT SHALL SOMEONE DOES COME IN INTO YOUR FACILITY WITH A 18-YEAR-OLD, 20-YEAR-OLD. IS THERE AN ENFORCEMENT PROCESS THAT YOU HAVE IN PLACE? >> FIRST OF ALL, WE ARE GOING TO BE 21 AND UP, GENERALLY. WE DON'T WANT TO RUN A FOUL OF THE CITY, BSO OR ANYBODY ELSE. WE'RE GOING TO COMPLY WITH WHAT THE REQUIREMENTS ARE, AND THE REQUIREMENTS ARE YOU CANNOT SMOKE MARIJUANA, IN FACT, THE ESTABLISHMENT PERIOD. THERE WILL BE A ZERO-TOLERANCE POLICY. >> I'M ALMOST SURE THAT WE WOULD HAVE CODE IF THERE'S ISSUES AND ENFORCEMENT. >> LET US KNOW. I'M SURE. >> CAN BE SO FRUSTRATING. >> THANK YOU. >> COMMISSIONER BOLTON. >> HOW DO YOU ADVERTISE? >> RIGHT NOW IT'S WITH WORD OF MOUTH. BUT THERE WILL EVENTUALLY BE LIKE ANYBODY ELSE, SOCIAL MEDIA, THINGS OF THAT NATURE. LOCAL GROUPS, CHURCHES MAYBE, BUSINESS GROUPS, THINGS LIKE THAT. >> CHURCHES. [LAUGHTER] HOW DO YOU ENSURE THAT ONLY ADULTS, 21 YEARS AND OLDER COME TO YOUR BUSINESS? >> LIKE ANY OTHER BAR IN THE WORLD, VICE MAYOR, SOMEONE AT THE DOOR CHECKING IDS. >> WE PASSED AN ITEM BEFORE THAT TALKED ABOUT SMOKING AND NOT SMOKING IN PARKS AND SORT OF STUFF. I THINK THIS IS A DESIGNATED PLACE YOU CAN SMOKE. IT IS NOT CIGARETTE, IT DOESN'T SMELL LIKE CIGARETTES. WHILE I MAY HAVE PERSONAL RESERVATIONS BECAUSE OF ESSENTIALLY WHO I AM, THE APPLICANT SEEMS LIKE A YOUNG MAN WHO IS TRYING TO DO BUSINESS AND WE HAVE TO BE WELCOMING TO BUSINESSES IN GENERAL AND SO I'M WILLING TO GIVE THIS A TRY. I'M GOING TO GO OUT ON A LIMB AND ASK MY COLLEAGUES TO VOTE YES ON THIS BECAUSE IT'S JUST THE RIGHT THING TO DO. YOU'VE MET ALL OF THE STANDARDS. STAFF WENT THROUGH THIS, THEY DID NOT HAVE A PROBLEM WITH IT, WENT TO THE PLANNING BOARD, THEY DID NOT HAVE A PROBLEM WITH IT AND SO I THINK THAT IT WOULD BE A MISCARRIAGE OF JUSTICE TO DO THIS JUSTICE HERE. I'M GOING TO VOTE YES ON THIS AND SEE WHERE IT GOES AND IF YOU GUYS ARE A PROBLEM, YOU'LL BE BACK BEFORE US BEFORE YOU KNOW IT. >> I WAS JUST GOING TO SAY IT'S NOT OUR GOAL TO RUN A FOUL OF THE COMMISSION OR THE CITY, SO IF THERE IS ANYTHING THAT BECOMES AN ISSUE, WE WANT TO ENSURE THAT WE COULD DO WHATEVER WE CAN TO MAKE SURE THAT ALL OF YOU AND RESIDENTS OF THE CITY ARE COMFORTABLE WITH OUR BEING THERE AND OPERATING. LINE OF COMMUNICATION ARE OPENING BETWEEN COMMUNITY DEVELOPMENT, CODE ENFORCEMENT, BSO, THE COMMISSION ITSELF, IF THERE'S ANYTHING, JUST LET US KNOW AND WE WILL DO WE CAN TO MAKE SURE THAT WHAT WE'RE DOING IS NOT UPSETTING OR OFFENDING ANYBODY. THAT'S NOT OUR GOAL. OUR GOAL IS TO PROVIDE A PLACE FOR PEOPLE TO GATHER AND RELAX AND HAVE A GOOD TIME AND HOPEFULLY NOT OFFEND ANYBODY ELSE IN THE PROCESS. >> ONE LAST QUESTION MISS CALLOWAY. BY VIRTUE OF THIS BEING OF SPECIAL EXCEPTION, IF THERE IS A PROBLEM, WE CAN TERMINATE IT AT A FUTURE TIME. TELL ME ABOUT THAT PROCESS. >> YES, THE SPECIAL EXCEPTION CAN BE REVOKED. I WOULD ENCOURAGE THOUGH, [03:10:02] IF THERE'S ANYTHING THAT THE APPLICANT IS AGREEABLE TO TONIGHT, THAT YOU MIGHT WANT TO INCLUDE THOSE AS CONDITIONS SHOULD YOU CONSIDER TO MOVE THAT FORWARD. YOU WANT TO LIST IT AS A PART OF THE APPROVAL SO THAT WAY, SHOULD THE APPLICANT NOT ADHERE TO THAT, THEN THE PROCESS OF STAFF REVOKING OR THE COMMISSION REVOKING THAT SPECIAL EXCEPTION IS CLEAR AND EASILY. >> I WOULD DO THAT, BUT I HAVE 10 SECONDS, SO I DON'T THINK THAT'S POSSIBLE. [LAUGHTER] THAT'S IT. >> COMMISSIONER, RYAN. >> QUESTION. WHO'S YOUR TARGET MARKET? CAN YOU DESCRIBE LIKE A PERSONA OF A PERSON THAT YOU'D BE TARGETING? >> YEAH, ABSOLUTELY. I WOULD SAY MY CLIENT, KERBY EUGENE, IS OUR TARGET MARKET. THIS IS HIS BRAIN CHILD. HE'S TRYING TO BUILD SOMETHING THAT HE WOULD WANT TO GO TO AND THERE ARE A LOT OF YOUNG PROFESSIONALS IN TAMARAC AND THE SURROUNDING COMMUNITIES FROM THE CARIBBEAN, FROM THE MIDDLE EAST, AND THAT'S OUR TARGET MARKET. YOUNG PROFESSIONALS, A DIVERSE CROWD OF PEOPLE THAT WANT TO RELAX AND ENJOY HOOKAH. YES, IT IS A HOOKAH LOUNGE AND I UNDERSTAND THE MAYOR IS CONCERNED THAT THAT'S GOING TO BE THE ONLY PEOPLE ARE DOING THERE, BUT THAT'S JUST PART OF IT. A PART OF IT ALSO IS EXPERIENCE. IT'S THE CORE, IT'S THE WAY YOU FEEL WHEN YOU WALK IN THE DOOR AND YOU GO IN THERE AND YOU FEEL LIKE YOU'RE NOT IN TAMARAC ANYMORE, YOU'RE NOT IN CENTRAL VALLEY ROAD ANYMORE, YOU'RE IN SOUTH BEACH OR YOU'RE IN NEW YORK CITY OR WHEREVER ELSE. THE GOAL IS JUST AN EXPERIENCE TO HAVE A GOOD TIME AND BE AROUND YOUNG PROFESSIONALS AND THINGS ALIKE. >> COMMISSIONER DANIEL, DID YOU HAVE A QUESTION? >> SEVERAL QUESTIONS I HAVE LOST WAITING. ONE IS, HOW MANY OTHER RESTAURANTS OR A LOUNGE DO WE HAVE OPEN TILL 2:00 AM? >> I BELIEVE ALL OF THEM ARE. THIS APPLICATION IS UNDER YOUR BAR, TAVERN, AND LOUNGE USE CATEGORY AND WE HAVE ABOUT SIX OF THOSE UNDER THAT CATEGORY THAT ARE ALL OPEN. >> THEY'RE ALL OPEN TILL 2:00 AM? >> YES. >> I NEVER NOTICED, I DON'T GO TO THE BAR EVER. [LAUGHTER] WHAT THE MAYOR WAS SAYING. I AM CONCERNED ABOUT THE IMPLICATION TO CHILDREN ON UNDER 18, WELL 21 AND WHAT EXACTLY ARE WE PROMOTING. I LIKE THE IDEA OF PROMOTING A PLACE WHERE DIVERSE COMMUNITY CAN GO AND RELAX, BUT I'M IFFY ON THE SMOKE. BUT I REALIZE WHAT YOU'RE SAYING. WHAT WOULD BE THE STIPULATION YOU'LL PUT ON AS FAR AS THE FILTER MAKING SURE TO SMOKE DOESN'T GO THROUGH. >> WELL, THAT'S ONE OF MY CONCERNS IS THE FILTERING OF THE LOCATION AND THEN KEEPING IT INSIDE. MY CONCERN OF A SPECIAL EXCEPTION. WE DON'T HAVE A TIME-FRAME ON HERE. WE DON'T SAY IF IN A YEAR, YOU'RE OPERATING OUTSIDE THE BOUNDS, WE CAN REVOKE THIS. WE REALLY DON'T HAVE, AT LEAST I HAVE NOT HEARD IT EXPLAINED TO US, MISS CALLOWAY, WHAT OUR TRUE REVOCABLE ABILITIES ARE. IF YOU HAVE CRIME GOING ON, IF WE HAVE PEOPLE COMING IN AND AS MUCH AS YOU MAY BE CAREFUL TO MAKE SURE THAT THEY ARE ONLY SMOKING THE PRODUCT YOU SELL, BUT THEY COME IN AND THEY SMOKE THE PRODUCT THAT YOU DON'T SELL, HOW IT THEN BECOMES AN ISSUE OF WELL, IT'S NOT YOUR FAULT. IS THAT REALLY A CHALLENGEABLE ITEM THAT WE CAN REVOKE YOUR LICENSE? THERE'S SOME LEGAL LINES HERE THAT HAVE NOT BEEN DISCUSSED AND HAVE NOT BEEN PRESENTED TO US ON THE ABILITY TO MAKE SURE THAT IF WE WANT TO REVOKE THE LICENSE, WE'RE REVOKING IT FOR A CAUSE SO TO SPEAK, OR WHAT THE TIME-FRAME IS TO MAKE SURE THAT YOU WILL COME BACK AND RENEW. IT'S DIFFERENT WHEN WE HAVE THIS SPECIAL EXCEPTIONS FOR THE LOUNGES AS COMMISSIONER DANIEL WAS ASKING ABOUT, THOSE PARTICULAR LOUNGES CAME TO US WITH A SPECIAL EXCEPTION AND THEY HAVE ITEMS WITHIN THERE AND A RENEWABLE WAYS AT LEAST FOR TWO OF THEM. MOMENTS AND LOUNGE 58 WHICH I THINK CHANGED IT'S NAMES. THOSE ARE DIFFERENT SIMILAR ITEMS SPECIAL EXCEPTIONS BECAUSE WHEN THEY CAME IN, IN THE LOCATION TYPE STUFF. THEY ARE IN A DEDICATED COMMERCIAL PLAZA, NOT A MIXED USE NEIGHBORHOOD PLAZA, CORRECT? IT'S DIFFERENT PLAZA. >> YES. >> DESIGNATION? >> YEAH, THE DESIGNATION IS DIFFERENT. >> HOW DO WE PROVIDE THAT ACCESS, [03:15:04] THAT SPECIAL EXCEPTION WITH THE ABILITY OF KNOWING THAT ONCE WE GIVE THE SPECIAL EXCEPTION WE HAVE NO CHOICE BECAUSE RIGHT NOW THAT'S WHAT I FEEL LIKE. I FEEL WE GIVE THIS SPECIAL EXCEPTION, WE REALLY HAVE NO CHOICE. WE HAVE NO PARAMETERS SO TO SPEAK TO BE ABLE TO REMOVE THAT SPECIAL EXCEPTION OR REMOVE THE ALLOWANCE. >> YOUR CODE PROVIDES THAT ANY VIOLATION OF ANY OF THE CONDITIONS OF A SPECIAL EXCEPTION, THAT SPECIAL EXCEPTION IS SUBJECT TO REVOCATION. IF THE CONDITIONS ARE LISTED AND THEY ARE EXPLICIT, AND THERE'S A VIOLATION OF ANY OF THOSE CONDITION, THEN THERE CAN BE CONSIDERATION FOR REVOCATION. THAT'S WHY I'M ENCOURAGING IF THIS BODY IS CONSIDERING MOVING THIS FORWARD, THAT YOU LIST THE CONDITIONS EXPLICITLY AS A PART OF THE APPROVAL. >> MY CONCERN ABOUT THAT IS THE LEGAL RAMIFICATIONS THAT ARE GOING TO COME BACK HERE BEFORE US AND SAY FOR SOME OF THE THINGS THAT WE MAY HAVE SOME SPECIAL EXCEPTION CONCERNS. FOR THOSE ITEMS LIST, WE'RE GOING TO BE SAYING IT'S IN DURESS AND IT WON'T BE ABLE TO BE HELD UP. >> IF I ASK, WOULD IT BE FAIR TO SAY THE CONDITIONS BIGGEST CONCERNS ARE PEOPLE UNDER 21 COMING IN, PEOPLE SMOKING NOT HOOKAH IN THE HOOKAH LOUNGE AND AFFECTING THE AIR QUALITY OF NEIGHBORING BUSINESSES? WAS THERE ANYTHING THAT I MISSED? >> THAT YOU KEEP IT UP SCALE, I KNOW THAT'S VAGUE, IT MIGHT BE DIFFERENT TO EVERYONE BUT WE DON'T USE THE WORD. >> IT'S WELL-TAKEN. YOU CAN SEE BY OUR DESIGN, IT'S NOT OUR GOAL TO HAVE A LOW END PLACE. >> BUT THE DESIGN OF THE BUILDING WAS FOR MEDICAL. >> IT WAS AN EMPTY SHELL WHEN WE STARTED. IT WAS COMPLETELY JUST FROM TOP TO JUST GRAY CONCRETE WALLS [INAUDIBLE]. >> MY THING IS TO MAKE THE NEIGHBORHOOD BETTER, NOT WORSE IF THAT'S WHAT UP SCALE MEANS WHEN YOU REFER TO IT? >> I UNDERSTAND THAT IT IS YOUR DISTRICT. ACTUALLY I UNDERSTAND. YOU DON'T WANT NEFARIOUS CHARACTERS ROAMING AROUND IN YOUR DISTRICT AND I COMPLETELY RESPECT THAT. AGAIN, IT'S OUR GOAL TO ALLOW THAT TO HAPPEN. >> I KNOW IT'S NOT YOUR GOAL. OBVIOUSLY, HE WANTS HIS BUSINESS TO BE RUN, BUT WE WANT IT TO BE MAINTAINED AT THAT LEVEL AS WELL. >> IF I MAY IT'S NOT ONLY JUST OTHER THAN CIGARETTE SMOKE, I HAVE A CONCERN OF INDOOR SMOKING. THIS IS AN INDOOR SMOKE IN PLACE. THAT IS THE GOAL WHETHER IT'S [INAUDIBLE] IN A CIGARETTE. IT'S A COMMUNAL CIGARETTE, BUT IT'S A CIGARETTE. IN LAND OF COVID WE'RE TALKING ABOUT, LET'S PASS IT AROUND IS ALSO A LITTLE FRIGHTENING. THERE'S STILL THAT ISSUE OUT THERE, BUT IT'S ALSO THE SENIOR CENTER ACTUALLY. IT'S OPEN ON WEEKENDS.THEIR GOAL GOAL FOR THE SENIOR CENTER IS TO CONTINUE TO BE OPEN ON WEEKENDS. THEY HAVE NOT FULLY EXPANDED THEMSELVES TO THEIR CAPACITY BECAUSE OF COVID AND WORKING THROUGH CERTAIN THINGS AS WELL. YOU'RE OPEN AT 11:00 O'CLOCK ON THE WEEKENDS, YOU'RE OPEN ON THE WEEKEND WHEN THE SENIORS ARE THERE. >> BUT THE SENIORS IS ALSO TWO SEPARATE BUILDINGS. >> I KNOW WHAT IT IS, BUT IT DOESN'T MEAN THAT. >> BUT WHAT IF THE SENIOR WANTS TO GO TO THE SENIOR CENTER THEN GO HAVE HOOKAH AFTERWARDS? >> THEY WALK RIGHT OVER TO THE DISPENSARY, I SAW THEM THERE. >> I CAN DO THAT AS WELL AND THEN THAT COMES UP [INAUDIBLE]. >> REALLY IT'S NOT A JUDGMENT CALL ON THE ITEMS, IT'S THE PROPER PLACEMENT OF A BUSINESS. JUST BECAUSE YOU SAW AN EMPTY SHELL AND OTHER PEOPLE WEREN'T IN THERE YET, IN MY MIND DOESN'T MEAN THAT WE TAKE THAT EMPTY SHELL AND WE CONVERT WHAT WE WANT TO PUT IT IN THERE IF IT DOESN'T MEET THE PARAMETERS IN WHICH FIT THE COMMUNITY. THE PROBLEM I HAVE IS, SO YOU WERE ABOUT TO TELL US WHAT YOU WANT TO TO DO FOR OUR CONCERNS ON WHAT SPECIAL EXCEPTIONS IF IT WAS TO BE A SPECIAL EXCEPTION IT TO GO THROUGH. >> WELL, I JUST WANTED TO MAKE SURE THAT IF I HAD THEM ALL ARE THE MAJOR ONES, ONE OF THEM BEING THE MARIJUANA OBVIOUSLY UNDER 21 KEEPING IT UPSCALE, AND CLASSY, AND NOT DEGRADE THE NEIGHBORHOOD IN ANY WAY. AS FAR AS THE AIR FILTRATION AND AIR QUALITY THE FACT THAT THEY THE CONDITIONING IS CONTAINED IN THAT UNIT YOU CAN GET AN ENGINEER TO COME SAY THAT IT WON'T GO THROUGH THE FIREWALLS, THROUGH THE STEEL ROOF, OR ANYTHING LIKE THAT AND THERE WILL BE FILTERS INSIDE SO THAT WE CAN DO THAT AS [03:20:02] FAR AS PEOPLE UNDER AGE OR ANY OTHER BAR DOES WHICH IS HABIT DOOR MAN CHECKING IDS WHEN IT'S OPEN. THEN IT'S FINE, I FORGOT WHO IT WAS THAT MENTIONED MOMENTS. WAS IT YOU? THEY HAVE HOOKAH THERE TOO. IT'S ALSO HOOKAH ESTABLISHMENT. >> YES. MOMENTS IS A STANDALONE LOCATION THAT IS LARGE. ITS SOLE PURPOSE IS FOR HOOKAH. >> WELL, THAT HAS THE PURPOSE AS WELL. I UNDERSTAND. >> YOU'RE CALLING YOURSELVES A HOOKAH LOUNGE. COME ON, IT'S IN YOUR NAME. IT'S A LITTLE HARD WHEN YOU'RE SELLING IT AND ADVERTISING IT AS SUCH. >> THE MIXED USE NEIGHBORHOOD DISTRICT, IT'S TO SUPPORT A MIX OF CULTURAL ENTERTAINMENT AND OFFICE. HOOKAH IS CULTURAL AND ENTERTAINMENT. FOR THE NEIGHBORHOOD THE FOLKS ACROSS UNIVERSITY MIGHT WANT TO WALK THERE, THE FOLKS THAT ARE IN THE TOWNHOUSES BEHIND US THEY WANT TO WALK AROUND THE RETAINING WALL AND COME TO THIS PART OF THEIR NEIGHBORHOOD. IF I HAD A BAR THAT WAS A BLOCK AWAY AND THAT I ENJOYED, I'D MUCH RATHER GO THERE THAN DRIVE TWO MILES OR THREE MILES, OR WHATEVER IT IS. GO SOMEWHERE ELSE. THAT'S NEIGHBORHOODS SHOULD HAVE BARS, SHOULD HAVE LOUNGES. THAT'S [INAUDIBLE] PROVIDED FOR THAT NEIGHBORHOOD. >> YOUR GOAL IS TO PROVIDE IT IN THIS PARTICULAR LOCATION; I GET IT, BUT WE STILL HAVEN'T DEALT WITH ANYTHING OF THE SORT THAT WOULD BE WHAT IS A SPECIAL EXCEPTION? WE GRANT A SPECIAL EXCEPTION AND SOMETHING IS NOT SENSING RIGHT BY THE COMMISSION OR PEOPLE IN THE COMMUNITY WHO HAVE AN ISSUE WITH IT BUT YOUR BUSINESS IS SOARING BUT IT'S NOT IN THE PURVIEW OF WHICH THE SPECIAL EXCEPTION IS MADE. AS VICE MAYOR HAS SAID, WHAT IS THE ABILITY TO TAKE BACK THE SPECIAL EXCEPTION OF WHICH I'M NOT HEARING THAT FOR US TO BE ABLE TO DISCUSS? >> I'M NOT THE CITY ATTORNEY. >> IF I MAY. THE FLORIDA LAW AND YOUR CODE ALLOWS YOU TO IMPOSE REASONABLE CONDITIONS ON A SPECIAL EXCEPTION APPLICANT TO MITIGATE THE POTENTIAL ADVERSE IMPACTS OF THE USE TO THE RESIDENTS INTO THE NEIGHBORHOOD, ETC. WHAT I'VE HEARD SO FAR IN OUR FOUR CONDITIONS I THINK THREE THAT WE CAN NAIL DOWN FAIRLY EASILY, THAT THIS COMMISSION WISHES TO IMPOSE UPON THE APPLICANT IF THE APPLICATION IS TO MOVE FORWARD. NUMBER 1 IS 21 PLUS. NO UNDER 21 ALLOWED. NO USE OF MARIJUANA IN ASSOCIATION WITH THE HOOKAH FACILITIES AND THE INSTALLATION OF AIR AND THE AIR FILTRATION SYSTEM THAT WILL TREAT THE AIR SO THAT THE ADJACENT BUSINESSES AREN'T ADVERSELY IMPACTED. THE LAST ISSUE OR CONDITION THAT I'VE HEARD THE COMMISSION SPEAK TO IS A LITTLE BIT MORE AMORPHOUS AND THAT'S WHERE WE START GETTING INTO ISSUES AND POTENTIAL PROBLEMS WHICH IS LET'S KEEP IT UP SCALE. YOU WANT TO HAVE SOME LEVEL OF SPECIFICITY AS TO WHAT THAT MEANS, SO IT'S PROPERLY ENFORCEABLE. I'D ASK MAYBE TO FRAME IT THIS WAY, THE BUILDING IS FAIRLY NEW. IT'S ONLY BEEN OPEN FOR I THINK A YEAR, YEAR AND A HALF AT THE MOST THAT HAS HAD IT AS A FIGURE OF OCCUPANCY THAT IT CAN BE KEPT IN THE SUBSTANTIALLY SAME CONDITION AS IT CURRENTLY EXISTS, THE EXTERIOR OF THE BUILDING AND THEIR BUSINESS; THEIR UNIT IN SUBSTANTIALLY THE FORM THAT IT IS TODAY. AN ADDITIONAL FIFTH CONDITION THAT MAYBE GOES PART AND PARCEL WITH THIS AND I'M JUST THROWING IT OUT IS, DO YOU WANT THE USE INSIDE SCREENED TO THE OUTSIDE? EXCEPT FOR OBVIOUSLY THE FRONT DOOR AND THE ABILITY FOR LAW ENFORCEMENT PERSONNEL AND FIRE PERSONNEL TO SEE INSIDE, DO YOU WANT THE WINDOWS TO BE SCREENED? >> CITY ATTORNEY, IF YOU DON'T MIND ME SAYING, YOU'RE RUNNING AFOUL OF SOME OF THE RULES AND REGULATIONS WE'VE PUT IN PLACE TO HELP PEOPLE WHO ARE SEX TRAFFICKED AND ALL THAT KIND OF STUFF AND THAT WOULD BE A MAJOR REVERSAL OF WHAT WE'VE BEEN TRYING TO DO. SO NO SCREENING PLEASE. >> BACK TO THE ISSUE OF KEEPING IT UPSCALE, SUBSTANTIALLY THE SAME CONDITION THE EXTERIOR IS IT CURRENTLY EXIST? >> MAYBE TO JUMP IN ON THAT FOR COMMISSIONER DANIEL, [03:25:04] ONE OF THE THINGS THAT I'VE SEEN IN THE NEIGHBORING PLAZAS AS SOME OF OUR OTHER LOUNGES IS THAT THERE ARE UNFORTUNATE ENJOYMENT PARAPHERNALIA THAT IS THROWN INTO THE BUSHES, NOT PICKED UP. I'LL PUT IT OUT THERE, USED CONDOMS, GARBAGE, FLIERS FOR THE NEXT PARTY, THAT KIND OF STUFF. THAT IS THE THINGS THAT COME INTO MY HEAD THAT WORRIES ME. HAVE A FUN TIME IN YOUR OWN PLACE, I DO NOT GIVE A HOOT. WHEN YOU'RE GOING TO PUT IT AND ROLL OUT INTO THE MIDDLE OF THE STREET, GO INTO A BUSH OR HAVE SOME FUN, SO THAT WOULD MAYBE ONE WAY TO MAKE SURE THAT YOUR BUSINESS WOULD HAVE MANDATORY OUTSIDE EVERY NIGHT AFTER OR MORNING WHEN IT'S CLEANED UP MAKING SURE THERE'S NOBODY LEFT ON THE PREMISES, MAKING SURE THAT EVERYTHING IS CLEANED UP. THERE'S NOTHING HIDDEN OR THROWN IN THE BUSHES AND KEEPING THE AREA IN THE CLEAN ATMOSPHERE IN WHICH IT IS. >> MAYBE LIKE WALK AROUND EVERY DAY AND PICK UP TRASH, THAT'S FINE. >> BASICALLY YOU'RE PUTTING OUT FLIERS SAYING YOU'RE BRINGING IN VICE MAYOR BOLTON'S CHURCH INTO YOUR PLACE AND YOU'VE GOT THAT NICE LITTLE FIVE BY FOUR CARD THAT GOES OUT AND YOU STICKING IT ON PEOPLE'S DOORS OVER THE CARS. THAT STUFF IS NOT ROLLING AROUND THE DRIVEWAY. THAT'S NOT BEING PUT IN UNADVERTISED. >> UNDERSTOOD. THAT'S FAIR. >> AS THE STUFF GETS OLD AND USED TO REPAIR OR REPLACE, BECAUSE YOU SEE PEOPLE START BUSINESS ESPECIALLY OF THE KIND THAT HAS A LOT OF TRAFFIC. PRAYERFULLY IF YOU GET IT, YOU DO HAVE A LOT OF TRAFFIC BECAUSE YOUR BUSINESS WILL BE SUCCESSFUL AND WORN-OUT STUFF ISN'T REPLACED. THEN EVERYTHING RUN DOWN AFTER FIVE YEARS, YOU'RE LIKE WHY DID WE EVEN ALLOW THIS TO HAPPEN? THAT'S WHAT I MEAN BECAUSE YOU'RE THE ONE WHO MENTIONED THE UPSCALE ESTABLISHMENT. THAT'S WHY I WAS USING THAT WORD BACK AT YOU TO MAKE SURE YOU STAY UPSCALE AND NOT. >> CITY ATTORNEY. I'M SORRY. >> MAYBE THERE COULD BE A TIME FRAME AROUND THE INCEPTION. >> CAN YOU PUT THIS AS A RENEWAL OF THE LICENSE EVERY SOME CERTAIN TIME? >> WELL, THERE'S ALREADY A PROVISION SOMEWHAT LIKE THAT IN HERE AS RECOMMENDED BY STAFF WHICH IS THE SPECIAL EXCEPTION RUNS CONCURRENT FOR AS LONG AS THIS GENTLEMAN IS OPERATING THE BUSINESS. >> HE COULD BE OPERATING THIS BUSINESS IN NAME ONLY FOR 5, 10, 20 YEARS. WE'VE HAD THAT PROBLEM HERE IN THE CITY TOO WHERE SOME OF THE NAIL SALONS OR OTHER SALONS, MASSAGE PARLORS THAT HAVE REMAINED IN A PERSON'S NAME AND THE PERSON HAS BEEN LONG GONE. AS FOR THE OTHER ITEM THAT I'M SURE YOU HEARD, I DO WANT THE EXCEPTION IN THERE NOTED THAT IF YOU'RE TRANSFERRING THE PROPERTY THE NEXT OWNER IS GOING TO HAVE IT IN WRITING TO KNOW THAT THERE ARE SPECIAL EXCEPTIONS. BUT INSTEAD OF IT JUST BEING WHILE THE BUSINESS LICENSE BECAUSE WE RENEW IT EVERY YEAR, BUT IT'S A BY-RIGHT. YOU SHOW UP, YOU PAY YOUR 130 OR WHATEVER IT IS AND YOU'RE DONE. IS THERE A TIME FRAME FOR REVIEW THAT CAN LEGALLY BE PUT IN? >> GENERALLY NO. >> MADAM MAYOR, MAY I MAKE A SUGGESTION? >> SURE. >> WHAT IF I SAY THAT OSTENSIBLY IF IT'S APPROVED WE'LL COME BACK AT SIX MONTHS FOR A STATUS CHECK. THEN SIX MONTHS YOU'LL SEE WHAT'S BEEN HAPPENING IF MAYBE YOUR DISTRICTS, DR. DANIEL, SO IF YOU GET ANY COMPLAINTS OR ANYTHING LIKE THAT, CERTAINLY YOU COULD JUST LET US KNOW IMMEDIATELY [INAUDIBLE] >> WHAT IS IT, EVERY SIX MONTHS OR THE FIRST SIX MONTHS? [OVERLAPPING] THAT'S JUST MORE OF A YEAR. I WASN'T EVEN GOING ANY FAST. >> I THINK AS OF NOW I WANT THE COMMISSIONER TO BE COMFORTABLE WITH WHAT WE'RE DOING HERE AND SIX MONTHS PEOPLE WILL DO ONCE THE FIRST SIX MONTHS AND THEN IF WE'RE BEHAVING OURSELVES YOU CAN GIVE US A LITTLE BIT MORE TIME ON THE NEXT ONE. I'M JUST TRYING TO BE CREATIVE HERE AND TRYING TO GET THIS SORTED OUT SO WE CAN GET TO WORK. >> UNDERSTOOD. >> MAYOR, I DON'T THINK THAT'S EVEN FAIR TO THE CLIENT. >> HE'S THE ONE WHO RECOMMENDED IT. >> HE'S SUGGESTING IT BUT I DON'T THINK THAT IS FAIR TO HIM. I THINK THAT WE ARE ASKING QUESTIONS THAT SHOULD NOT EVEN BE ASKED UNDER QUASI-JUDICIAL HEARING. THIS IS A QUASI-JUDICIAL ITEM AND WE SHOULD NOT BE USING OUR OPINIONS AND OUR LIFE EXPERIENCES UNDER THIS ITEM. RELENTLESS IN THERE WILL BE NO SIX MONTHS. DON'T COME BACK HERE IN SIX MONTHS. ABSOLUTELY NOT. HOW MUCH MONEY HAVE YOU SPENT FOR THIS BUSINESS? YOU'RE ALREADY INSIDE THE PLACE. >> WELL, THAT'S THEIR BUSINESS PROBLEM BECAUSE THEY STARTED DOING WORK BEFORE THE EXCEPTION. CITY ATTORNEY, YOU WANTED TO SAY SOMETHING? >> I'M UP TO FIVE CONDITIONS. AGAIN, TO THE POINT OF COMMISSIONER BOLTON TRYING TO BRING THIS [03:30:02] TO AN UNDERSTANDING IS THE 21 PLUS AGAIN, THE NO USE OF MARIJUANA, THE AIR FILTRATION SYSTEM. NOW, HURRY HERE, NUMBER INTERCHANGEABLY FOUR AND FIVE DAILY SWEEP THE PROPERTY FOR TRASH PICKUP AND THAT THE PROPERTY BE MAINTAINED IN SUBSTANTIALLY THE SAME CONDITION AS IT CURRENTLY IS FROM EXTERIOR VIEW, THAT'D BE MAINTAINED IN A PROPER MANNER. OBVIOUSLY AS A CITY WE DO HAVE REGULATIONS ALREADY IN OUR CODE ABOUT PROPERTY MAINTENANCE THAT WOULD ALSO APPLY. >> RIGHT. THE PROBLEM IS WHAT WE HAVE IN OUR CODE AND THE FACT THAT WE'RE DEALING WITH A SPECIAL EXCEPTION AND I HIGHLY DISAGREE THAT THIS IS QUASI-JUDICIAL. THIS IS A SPECIAL EXCEPTION AND THEREFORE THIS IS THE TIME TO BE BRINGING OUT ALL THE CONCERNS IN ORDER TO MAKE SURE THAT IF THIS SPECIAL EXCEPTION IS APPROVED, AT LEAST FOR MYSELF, IF I'M GOING TO APPROVE SOMETHING THAT I REALLY STILL HAVE ISSUES WITH A SMOKING BAR INSIDE IN A RESIDENTIAL-ISH NEIGHBORHOOD FOR A PLACE THAT WAS BUILT WITH PROMISES MADE TO THE NEIGHBORHOOD AT THE TIME IT GOT ITS APPROVAL WAS FOR RETAIL AND MEDICAL TO NOW BE GOING ABOVE THAT AND CHANGING IT TO THIS NEW CULTURALLY ENJOYABLE TIME. I HAVE ABSOLUTELY NO PROBLEM WITH THE CONCEPT IN A DIFFERENT LOCATION THAT IS MORE COMMERCIAL BASE AND IF PEOPLE CHOOSE TO SMOKE IN, THAT'S FINE. I HAVE A PROBLEM WITH THE LOCATION AND THAT'S WHAT THIS IS ALL ABOUT. THE OTHER THING THAT HAS NOT BEEN DISCUSSED, YOU SAY YOU'LL HAVE SOMEBODY CHECKING IDS BUT WE HAVE NOT DISCUSSED WHEN WE'VE TALKED ABOUT LOUNGES BEFORE WE TALK ABOUT SECURITY. WHAT SECURITY DO YOU HAVE PLANNED BECAUSE IT'S NOT IN YOUR BOOK HERE? >> WE CAN HAVE A SECURITY GUARD IF THE COMMISSION REQUESTS THAT WE DO. NOW WE'RE JUST LISTENING. >> THESE ARE THE THINGS THAT WHEN WE TALK ABOUT BARS, WHEN WE TALK ABOUT ALCOHOL, WE'VE USUALLY ALWAYS HAD IN OUR BACKUP AND DISCUSSED AND PROVIDED TO US SO LET US KNOW THAT WE WOULD KNOW THAT OUR RESIDENTS WHO ARE COMING THERE WOULD FEEL SAFE AND WHEN THEY'RE LEAVING THERE AND THE NEIGHBORHOOD AROUND WOULD FEEL SAFE. THESE ARE ALL STANDARD ITEMS. >> MADAM MAYOR RESPECTFULLY, I'M NOT SURE HOW MANY BARS YOU'VE BEEN TO IN THE PAST YEAR, BUT GENERALLY SPEAKING, EVERY BAR THAT YOU GO TO DOES NOT HAVE A SECURITY GUARD STANDING OUTSIDE. IT'S SITUATIONAL. IF [OVERLAPPING] THE COMMISSION WANTS US TO HAVE A SECURITY GUARD WE CAN HAVE A SECURITY GUARD BUT IT'S JUST GETTING. >> WHAT I ASKED FOR SECURITY. WHAT PROVISIONS ARE IN PLACE FOR SECURITY AND QUITE HONESTLY, WHILE WE ARE GOING FROM 0-107, OUR AVERAGE AGE HAS DROPPED TO 49. IF PEOPLE REALLY WANT TO PARTY HARD THEY DON'T GO TO THE BARS NIGHTLY, THEY GO OUT TO FORT LAUDERDALE. THEY'RE NOT COMING IN TAMARAC. WHILE WE WANT TO EXPAND OUR ABILITY TO ENJOY ADDITIONAL CREATE CULTURE AND CREATE A LITTLE BIT DIFFERENT OF A NIGHTLIFE, NO ONE SAID WE REALLY WANTED TO GO TO 2:00 AM. YOU'RE ASKING FOR SPECIAL EXCEPTIONS IN THE MIDDLE OF THIS 55 AND OLDER ACROSS THE STREET, WORKING COMMUNITY ALL AROUND. TO BE ABLE TO HAVE SOME COMFORT SO IF WE SAY YES TO THIS AND I GO BACK TO COMMISSIONER WHICH ACTUALLY ACROSS THE STREET IS DISTRICT 2 FOR COMMISSIONER WRIGHT FOR A CONQUEROR VILLAGE AND THE 12 BUILDINGS THERE ARE VERY UPSET BECAUSE THERE'S BEEN NO CONSIDERATION FOR THEIR SECURITY OR FOR ANYTHING SHOULD HAPPEN WHEN WE HAVE A BAR LOUNGE GOING ACROSS THE STREET. IT'S ON US. >> MADAM MAYOR. THEY ALL RECEIVED NOTICE OF THIS APPLICATION AS WELL. >> BUT, THEY RECEIVE NOTICE OF AN APPLICATION AND RESPECTFULLY, THAT THEY SHOULD'VE LOOKED IT ONLINE. I AM SORRY, I LOVE OUR CITY STAFF. I THINK OUR TEAM IS FANTASTIC. I FEEL THAT THIS APPLICATION THAT HAS BEEN PUT FORTH HAS BEEN LACKING. IT DID NOT INCLUDE IN IT FOR PEOPLE WHO WOULD LOOK AT IT, WHAT TIME THEIR HOURS WERE. SO WE CAN QUICKLY LOOK AT THESE THINGS INSTEAD OF HAVING TO COME HERE TONIGHT TO GET THE ANSWERS. YOU DON'T HAVE ANYTHING IN HERE TO TALK ABOUT LIGHTING. YOU DON'T HAVE ANYTHING IN HERE TO TALK ABOUT SECURITY. THESE ARE NORMAL THINGS THAT THIS COMMISSION NORMALLY DISCUSSES WHEN WE'RE TALKING ABOUT A BAR LOUNGE AFTER HOURS, AFTER 11:00 PM TYPE SITUATION, ALCOHOL, ADDING IN TOBACCO. THESE ARE THINGS THAT ARE STANDARD AND IT WASN'T STANDARDLY PUT IN. SO THAT'S WHY I'M ASKING. >> I'M HAPPY TO ANSWER WHATEVER THAT I CAN FOR THE COMMISSION OF THE PLAZA, THE ATTORNEY SAID IS PRETTY NEW, IS WELL LIT. THE PARKING LOT IS WELL LIT. >> NO, IT IS NOT. [OVERLAPPING] AS A PERSON WHO'S GONE TO 11 O'CLOCK, MIDNIGHT COOKIES AND CREAM, MAYBE NOT MIDNIGHT? NO. NOT IN THAT AREA. IT NEEDS BETTER LIGHTING. >> BUT WHAT WOULD YOU HAVE US TO? [03:35:01] >> TALK TO THE LANDLORD. >> IF WE HAVE TALKED TO THE LANDLORD ABOUT RELIGHTING THE WHOLE PLAZA? >> NO, PUTTING IN SOME BETTER LIGHT BULBS AROUND THAT AREA. >> JUST THE LIGHT BULBS AROUND THAT WHOLE SIDE. LISTEN WE WANT TO MAKE YOU HAPPY, BUT THERE'S THERE'S GOT TO BE SOME [OVERLAPPING]. >> SO THAT'S A REASON WHY I HAVE CONCERNS WITH SECURITY. IF YOU'VE NOT BEEN THERE AT NIGHT, THEN YOU HAVE NOT SEEN THAT IT'S DARK? >> HOW WOULD YOU [OVERLAPPING]. >> MADAM MAYOR. >> WHICH IS WHY ASK THE CITY ATTORNEY, IS THIS ACTUALLY APPROPRIATE FOR RIGHT NOW OR SHOULD THIS BE AN ITEM THAT'S TABLED AND COME BACK WHEN WE HAVE AN OPPORTUNITY TO REALLY LOOK AT SOME OF THE SPECIAL EXCEPTION ITEMS SO WE CAN BE COMFORTABLE TO KNOW THE SECURITY IS IN PLACE, LIGHTING IS IN PLACE, AND THAT WE'RE NOT PUTTING YOU UNDER DURESS FROM MAKING THE DECISIONS. >> CERTAINLY, THE APPLICANT CAN REQUEST FOR THE ITEM TO BE DEFERRED TO TIME AND DATE CERTAIN FIRST MEETING IN THE NEW YEAR AND TO GIVE THE APPLICANT AND STAFF AN OPPORTUNITY TO WORK THROUGH SOME OF THE ISSUES THAT HAVE BEEN VOICED HERE THIS EVENING THAT ARE A CONCERN TO THE COMMISSION AND SEE IF WE CAN BRING BACK AN AMENDED OR UPDATED STAFF REPORT AND PROPOSED ORDER THAT INCLUDES THE CONDITIONS THAT NOT ONLY HAVE BEEN DISCUSSED ALREADY, BUT ANY OTHERS THAT LIGHTING ISSUES HAVE BEEN DISCUSSED, THE SECURITY ISSUES THAT HAVE BEEN DISCUSSED, AND SEE IF WE CAN REACH AN AGREEMENT WITH THE APPLICANT AS TO HOW TO ADDRESS THOSE IN THE FORM OF CONDITIONS THAT ARE SUSCEPTIBLE TO BOTH PARTIES AND PRESENT IT TO YOU AGAIN, DATE AND TIME CERTAIN AT THE NEXT MEETING. >> MAYOR, IF I MAY, I BELIEVE THAT THIS IS UNFAIR TO THE APPLICANT THAT WE'RE ASKING ABOUT LIGHTING. THEY DO NOT OWN THE SHOPPING CENTER. THAT WOULD BE A REQUIREMENT OF THE LANDLORD. I'VE GONE TO COOKIES AND CREAM LATE AT NIGHT, I FELT SAFE. AND SO I DON'T THINK THAT THIS SHOULD BE A REQUIREMENT FOR THEM TO MEET. AND AS FAR AS SECURITY, ABSOLUTELY SITUATIONALLY, THEY CAN HAVE A SECURITY GUARD IF THEY WANT TO, BUT CRIME IS EVERYWHERE. REALLY AND TRULY, WE JUST HAD A ROBBERY IN A HAIR SALON. SO WE CAN SINGLE OUT BUSINESSES BECAUSE OF WHAT THEY DO INSIDE TO SAY THAT IS NOT GOING TO BE SECURE. THEY'RE NOT GOING TO BE SMOKING OUTSIDE OF THE PREMISES. THEY'RE NOT GOING TO BE CONGREGATING OUTSIDE OF THE PREMISES. SO THEN TO SAY THAT THERE IS A SENIOR COMMUNITY ACROSS THE STREET, REALLY AND TRULY HAS NO BEARING BECAUSE EVERYTHING THAT THEY'RE DOING IS INSIDE OF THE PROPERTY. [OVERLAPPING] >> MAYOR, A POINT OF ORDER. >> WE HAD MOMENTS NIGHTCLUB TO COME BEFORE [OVERLAPPING] >> MAYOR, A POINT OF ORDER. >> WE HAD THE MOMENTS NIGHTCLUB. YOU ARE NOT RECOGNIZED. >> VICE MAYOR, YOU'RE NOT THE MAYOR. IF HE'S DOING A POINT OF ORDER, IT IS FOR ME TO MAKE THE DECISION. NOT YOU. >> WE HAD [OVERLAPPING] >> IF YOU WOULD PLEASE WRAP IT UP. I BELIEVE THAT'S YOUR POINT OF ORDER. >> I JUST WANT TO MAKE A MOTION TO TURN DISCUSSION AND TO MOVE THIS ITEM FORWARD. >> THE ACTUAL ISSUE HERE, MADAM MAYOR, IS THAT WE HAVE 5 MINUTES TO SPEAK AND THEN ANOTHER ANOTHER 2 MINUTES TO SPEAK, BUT YOU HAVE ALLOWED CONTINUOUS DISCUSSION ON THIS ITEM. AND SO THIS IS HOW WE HAVE TO WRAP THIS UP. NOW, MS. CALLOWAY, WE HAVE FIVE CONDITIONS THAT ARE APPARENT THAT I'M VERY COMFORTABLE WITH. CAN YOU [OVERLAPPING]. >> I HAVE A MOTION ON A TABLE. >> THAT ACTUALLY YOU DON'T YET HAVE A MOTION ON THE TABLE. [OVERLAPPING] CITY ATTORNEY, IT'S COMMISSIONER, VICE MAYOR, YOU'RE ON HOLD. >> IS THIS WHERE I FORM THE GOOD MUSIC? [LAUGHTER] >> COMMISSIONER BOLTON, YOU DON'T CONTROL THE MEETING AS MUCH AS YOU'D LIKE TO TRY. CITY ATTORNEY? >> YES, MA'AM. >> WHEN THERE IS A MOTION TO END DISCUSSION, IS THAT ONE THAT CARRIES AND CUTS. >> THE GENERAL RULES THAT APPLY TO REGULAR DISCUSSION ITEMS GET A LITTLE MODIFIED HERE WHEN IT COMES TO QUASI-JUDICIAL, THERE'S THE CREATION OF THE RECORD AND YOU WANT TO GIVE EVERYONE A FULL OPPORTUNITY TO COMMISSIONER BOLTON'S COMMENT, HOWEVER, AND WE STILL OPERATE UNDER THERE SOME LIMITATIONS ON HOW LONG EACH AND EVERY ONE OF YOU CAN DISCUSS. [03:40:05] SO AS I UNDERSTAND, WE ARE AT RIGHT NOW IS WE'RE TRYING TO DEVELOP CONDITIONS OF WHICH TO THE VICE MAYOR'S COMMENT, I HAVE FIVE, I'D WRITTEN DOWN NUMBER 6, ON-SITE SECURITY, BUT THAT'S NOT CLEAR. THE POINT HERE IS TO COME TO A CONSENSUS FOR LACK OF A BETTER DESCRIPTION ON WHAT THE CONDITIONS ARE, AND PUT THEM ON THE RECORD AND THEN VOTE THE ITEM UP OR DOWN. >> SO THE ONE WHERE HE SAID WALK AND PICK A PAPER, I THINK THAT'S PART OF MAINTENANCE, SO THAT COULD COMBINE TO ONE THING. THE LAWYER SAID ON-SITE SECURITY, WE JUST SAID SECURITY LIKE CALI COFFEE HAD CAMERAS. WE WEREN'T SAYING ON ON-SITE SECURITY. SHE JUST SAID SECURITY [OVERLAPPING]. >> I MISUNDERSTOOD YOU, I APOLOGIZE. >> SHE SAID THE SAME THING TO THE [INAUDIBLE] [OVERLAPPING] >> WE CAN HAPPILY DO THAT CAMERAS OUT FRONT AND BACK TO MAKE SURE THAT ANYTHING, HAPPILY [OVERLAPPING]. >> BECAUSE DESPITE WHAT MAY HAVE BEEN SAID EARLIER, EVERY SINGLE LOUNGE, EVEN THINGS ARE IN THERE IN THE PROPERTY AND THE COMMERCIAL PLAZA, THEY ACTUALLY HAVE TO HAVE A SECURITY GUARD OUT FRONT. THAT WAS THEIR STIPULATION. SO IT DEPENDS ON THE LOCATION, IT DEPENDS ON WHAT'S BEING DONE. SO SECURITY IS WHAT I ASKED YOU [OVERLAPPING]. >> I MISUNDERSTOOD, I APOLOGIZE, MADAM MAYOR. >> I UNDERSTAND IT'S TIRING. I UNDERSTAND IT'S DIFFERENT THAN WHAT YOU EXPECTED. AND YES, WHEN IT COMES TO OUR QUASI-JUDICIAL, WE TRIED TO KEEP TO OUR FIVE AND TWO. HOWEVER, WHEN ADDITIONAL ITEMS COME UP IN AN ORDER TO GET TWO YESES, WHAT YOU'RE TRYING TO DO. IF YOU ABRUPTLY CUT THE CONVERSATION, IT WILL NOT BE HAPPENING FOR SOME OF US. AND THAT IS WHY THE CONVERSATION HAS CONTINUED TO BE ABLE TO DO WHAT WE CAN TO TRY TO SEE IF THERE'S A LEVEL OF COMFORT. IF THERE SHOULD BE A LEVEL OF COMFORT. >> MADAM MAYOR, WOULD CAMERAS FRONT AND BACK MEET YOUR SECURITY CONCERNS AT LEAST AS A START? >> FOR ME, IT WOULD BE A START. IT WOULD BE A START AND ONES THAT ACTUALLY OPERATE 30 DAYS, ALL THAT GOOD STUFF, NOT WHAT YOU SEE ON TV SAYING, YEAH, WE HAVE THEM FOR SHOW. >> SOMEBODY WHO FALLS IN WALMART AND ALL OF A SUDDEN THAT PART WASN'T COVERED BY THE CAMERAS, RIGHT? >> EXACTLY. AND DESPITE KNOWING THAT THE OPERATIONS ARE IN A PLACE THAT YOU DO NOT CONTROL, HOWEVER, AS A TENANT GOING IN THERE, YOU DO HAVE CONTROL. AND SINCE I KNOW THAT YOUR LANDLORD HAS BASICALLY SAID FOR YOU TO COME HERE TONIGHT BEFORE IT WORKS WITH YOU FURTHER, IT TOO KNOWS THAT THERE ARE CERTAIN THINGS THAT MIGHT BE UNDER THEIR OBLIGATIONS. IF THE LIGHTING IN THAT AREA, IF YOU WILL CHECK IT WHEN YOU LEAVE HERE TONIGHT, YOU WILL SEE AND MAYBE IT'S STRAWBERRY BLOCKING THE LIGHT OR WHO KNOWS WHAT IS NOT AS WELL LIT AS IT COULD BE. >> AGAIN, THE CAMERAS FRONT AND BACKWARD, THAT WOULD HELP [OVERLAPPING]. >> IF YOU HAVE LIGHT FOR YOU TO SEE BECAUSE IF IT'S TOO DARK, DOESN'T MATTER WHAT THE CAMERAS SHOWS. >> NOWADAYS, NIGHT VISION CAMERAS OR DIAMOND DOESN'T SO. >> THOSE ARE THE CONCERNS. BUT AGAIN [OVERLAPPING]. >> JUST TO RECAP THE CONDITIONS 21 OVER, NO MARIJUANA, MAKES SURE THAT THE AIR IS FILTERED AND NOT SEEPING INTO OTHER UNITS, AND THEN SWEEPING AND MAINTENANCE, SWEEPING THAT PROPERTY FOR CONTRABAND. >> I SAY MAINTENANCE BECAUSE IT'S MORE THAN JUST SWEETEN THE PROPERTY. >> YEAH. IT MAKES SURE THAT THERE'S NO NASTY STUFF THAT COMES FROM [OVERLAPPING]. >> UPSCALE MAINTENANCE, KEEP DOING THAT THAT WORK BACK [OVERLAPPING] >> MAKE SURE IT STAYS STAYS UPSCALE. KEEP IT UPSCALE. >> ONE OF THE ITEMS THAT WAS STILL DISCUSSED WAS AND I APPRECIATE THE OFFER OF SIX MONTHS. I THINK SIX MONTHS IS TOO SOON. I DO THINK THAT FOR THE FIRST TWO YEARS OF OPERATION, IT SHOULD BE A YEARLY RENEWAL TO COME BACK AND VISIT US AND MAKE SURE THAT WE CAN THEN CHECK WITH OUR BSO TO SEE IF THERE'S BEEN ANY COMPLAINTS. MAYBE AT CERTAIN POINT IN THE NEXT YEAR OR TWO, WE'LL FINALLY HAVE NIGHTTIME CODE, HINT. AND THEN WE CAN BE ABLE TO CHECK THE LEVELS THERE. AND THEN WE'D ALSO KNOW IF THERE'S ANY COMPLAINTS FROM THE COMMUNITY. BUT I THINK BY HAVING A YEARLY REVIEW LIKE WE'VE DONE WITH OUR OTHER LOUNGES THAT HAVE ASKED FOR SPECIAL EXCEPTIONS. IT IS KEEPING IN LINE WITH THAT. IT IS NOT ATTEMPTING TO MAKE ANY MORE ONEROUS ON YOU, BUT KEEPING IN LINE OF WHAT WE DO WHEN WE BRING IN A SPECIAL EXCEPTION FOR A BAR LOUNGE. WHETHER YOU'RE HAVING HOOKAH THERE OR NOT, IS WHAT WE DO WHEN WE HAVE ALCOHOL AND LATE NIGHT SERVICES. >> I WOULD JUST HOPE THAT SHOULD ANYBODY HEAR ANYTHING FROM THE COMMUNITY THAT THEY'RE NOT HAPPY WITH, THAT COMES TO OUR ATTENTION BEFORE A YEAR FROM NOW. >> I'M PRETTY SURE IT WILL. >> I'M JUST SAYING [LAUGHTER]. >> PRETTY SURE [OVERLAPPING] >> THERE'S A CHANCE TO FIX IT. >> YOU'RE FINE WITH THOSE CONDITIONS. IT WILL BE WRITTEN UP ACCORDINGLY OR DO WE HAVE TO DO ANYTHING MORE SPECIFIC FOR ABILITY FOR ENFORCEMENT? >> YEAH, THOSE ARE FINE. [03:45:03] WE WILL ADJUST THE ORDER TO HAVE THEM LISTED IN THE ORDER THAT'S IN YOUR PACKET BEFORE YOU SIGN THERE. >> I AGREE WITH ALL OF THE CONDITIONS EXCEPT FOR COMING YEARLY. I UNDERSTAND WHAT IT IS TO START A BUSINESS AND THEN JUST A YEAR IS TOO MUCH. BECAUSE AFTER YOU'VE FINISHED BUILDING OUT AND BUYING FURNITURE AND ALL THAT STUFF TO HAVE ONE YEAR HANGING OVER YOUR HEAD, THAT'S NOT BEING WELCOMING TO BUSINESSES. I AGREE WITH THE LIST. IT SEEMS LIKE FROM JUST LOOKING AT THE BODY LANGUAGE OF MY COLLEAGUES INTO THIS, THEY AGREE WITH THE LIST, I THINK WE SHOULD MOVE ON TO A ROLL CALL VOTE AND DISREGARD THAT ONE-YEAR REQUIREMENT. >> WELL, THANK YOU FOR THAT. BUT AS THE APPLICANT HAS ALREADY AGREED TO IT THROUGH OUR CONDITIONS AS WE WERE TALKING HERE JUST LIKE WE DID EARLIER. [OVERLAPPING] I KNOW, IT DOESN'T SEEM THAT YOU GET THE OPPORTUNITY TO BE THE ONE TO CONTROL, THROWING IT OFF OR NOT, AND THE POINT OF THE MATTER BEING IS THAT ALL BUSINESSES HAVE THAT SAME THING WHEN IT COMES TO BAR ALCOHOL LOUNGE FOR THE YEAR, ONE YEAR FOR A SPECIAL EXCEPTION. ACTUALLY, THEY HAVE A FEE THAT GOES WITH IT THAT WE DON'T HAVE IMPLEMENTED HERE AND WE'RE NOT ASKING FOR A FEE AS A COST OF DOING BUSINESS. >> JUST TO CLARIFY. YOU WANT THEM TO COME BEFORE THIS COMMISSION EVERY YEAR? >> TWO YEARS. >> YOU WANT THEM TO COME BEFORE THE CITY COMMISSION OVER TWO YEARS? >> ONCE EVERY YEAR FOR TWO YEARS DO A CHECK-IN AND WE CAN FIGURE IT OUT. WE CAN FIGURE OUT A DIFFERENT SYSTEM. THAT'S ONE OF THE REASONS WHY THEY ASKED US TO BE DEFERRED TO WE CAN ACTUALLY MAKE IT A LITTLE BIT MORE ACCOMMODATING. WE CAN FIGURE OUT IF THERE HAS BEEN NO COMPLAINTS AND NOTHING FORWARD IT GOES ADMINISTRATIVELY IT DOESN'T HAVE TO COME BACK TO THE CITY COMMISSION. BUT IF WE'VE HAD ANY ISSUES AND THEY'VE BEEN COMPLAINTS EVEN IF IT'S JUST ONE, THEN IT NEEDS TO COME BACK TO THE CITY COMMISSION TO FIGURE OUT IF IT RISES TO A LEVEL OF ANYTHING TO WORRY ABOUT. THESE ARE THINGS THAT NEED TO BE DISCUSSED VERSUS HASHED OUT IN THE MIDDLE OF A MEETING. THAT'S WHY THE REASON FOR THE DEFERRAL FOR A MONTH TO GET THIS APPROPRIATE. >> MA'AM, MAY I RESPECTFULLY WE WANT TO GET TO WORK AND WAITING ANOTHER MONTH IT'S ALREADY [OVERLAPPING] >> UNDERSTOOD. THEN THIS IS WHERE WE'RE AT. MS. CALLOWAY, SORRY. I'M OBVIOUSLY TRYING NOT TO CHOKE. I DON'T KNOW IF THIS IS FOR YOU OR I DON'T KNOW IF IT'S THE CITY ATTORNEY THAT IT IS FOR. FOR THE PROPER PROCEDURE IF WE WANT TO HAVE A REVIEW OF THIS FACILITY AND ANYTHING GOING ON IN A YEAR TO MAKE SURE THAT EVERYTHING IS AS PRESUMABLY WILL BE FINE WITH THAT OPPORTUNITY FOR THAT DUE PROCESS JUST IN CASE IT ISN'T AND THERE'S NO SURPRISE ON ANYBODY'S HALF. IS IT ADMINISTRATIVE ITEM? IT RISES TO A LEVEL OF THEN COMING TO US IF IT'S A PROBLEM? >> IT DOESN'T NEED TO BE MARY. YOU CAN ASK STAFF TO DO AN ASSESSMENT OF THE BUSINESS IN A YEAR AND PROVIDE A REPORT. WE CAN DO IT THAT WAY. BUT ONCE AGAIN, ALL THE CONDITIONS THAT HAVE BEEN PLACED ON THE ITEM TONIGHT IF THE APPLICANT WERE TO VIOLATE ANY, THEN THE OPPORTUNITY STILL EXISTS FOR THE SPECIAL EXCEPTION TO BE REVOKED. >> IF IT HAS TO COME TO A LEVEL FOR BEING REVOKED JUST WHEN IT COMES BACK TO US VERSUS YOU. WHY NOT JUST KEEP IT AS AN ADMINISTRATIVE ITEM THAT YOU REVIEW, WE GET A REPORT IN AN EMAIL SAYING, ON DECEMBER 14, 2023, WE HEREBY HAVE REVIEWED EVERYTHING, EVERYTHING IS COPACETIC. THEY'RE GOING ON FOR THE NEXT YEAR. >> WE CAN FACILITATE THAT, YES. >> THEN WE JUST DO IT THAT WAY IF THERE'S AN ISSUE WE'LL OBVIOUSLY ALL KNOW BEFOREHAND. >> HOPEFULLY I WILL AS WELL. HOPEFULLY, I'LL KNOW BEFOREHAND AS WELL IF THERE'S AN ISSUE. >> PRETTY SURE YOU'LL BE THE FIRST ONE. >> THAT'S NOBLE AND I AGREE WITH THAT. >> IT APPEARS THE SIX ITEMS THAT ARE CONDITIONED OUR APPLICANT, YOU WERE FINE WITH THEM? >> JUST TO REITERATE, 21 AND OVER, NO MARIJUANA, ENSURE PROPER AIR FILTRATION, AND NO SEEPING INTO OTHER UNITS. MAINTENANCE OF THE OUTDOOR AREA, MAKING SURE THAT STUFFS ALL PICKED UP. I GUESS THE UPSCALE CONDITION IS PART OF THAT BUT SECURITY CAMERAS FRONT AND BACK WAS ONE. >> WITH NIGHT VISION. >> WITH NIGHT VISION. >> ANNUAL REVIEW BY STAFF. >> ANNUAL REVIEW BY STAFF ONLY COMES TO THE COMMISSION FOR [OVERLAPPING] >> IF SOMEBODY IS MAD AT US. >> THEN THE MINOR ITEM THAT I BROUGHT UP ABOUT MAKING SURE THAT IF YOU'RE TRANSFERRING IT, LIKE I'VE ASKED THE OTHER TWO APPLICANTS AND THE OTHER APPLICANT ON THE SPECIAL EXCEPTION, YOU HAVE THAT ON YOUR BUSINESS LICENSE IF YOU WERE TO PASS IT TO SOMEBODY ELSE WHILE IT IS RECORDED OF PUBLIC RECORD, YOU WILL MAKE SURE THAT THE NEW OWNER OPERATOR ACTUALLY SIGN SOMETHING SAYING THEY HEREBY UNDERSTAND ALL THESE CONDITIONS. [03:50:01] THANK YOU. ARE WE ALL CLEAR? I'M TRYING ON THAT. >> YES. >> YES. AT THIS POINT IN TIME, ROLL-CALL. WE'VE DONE PUBLIC COMMENTS, WE'VE DONE THE MOTION. ROLL-CALL. >> THANK YOU, MADAM MAYOR. VICE MAYOR BOLTON? >> YES. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> COMMISSIONER WRIGHT? >> YES. >> DR. DANIEL? >> YES. >> THANK YOU. MOTION PASS 5-0. >> THANK YOU FOR WORKING THROUGH THIS WITH US BECAUSE AS YOU COULD PROBABLY TELL I WASN'T REALLY FULLY ON BOARD. THANK YOU VERY MUCH. >> THANK YOU, MADAM MAYOR. THANK YOU, MR. VICE MAYOR. >> THANK YOU. >> APPRECIATE IT. >> ACTUALLY, BEFORE WE GO TO THE OTHER ITEM, THANK YOU, JOHN. ON THIS, I'M JUST SEEING THE CONVERSATION THAT WE'VE JUST HAD. I WOULD LIKE TO ASK THIS COMMISSION TO HAVE THROUGH CITY MANAGER, THROUGH CITY STAFF, COME BACK TO US WITH A REVIEW ON SMOKE SHOPS, VAPE SHOPS, LIQUOR SALES SHOPS, BECAUSE THEY'RE CONSIDERED RETAIL, AND HOW MANY HAVE BEEN POPPING UP IN OUR PLAZAS, AND SEE IF WE NEED TO MAKE ANY MODIFICATIONS TO OUR ZONING AND LAND USES AS SUCH. DO I HAVE SUPPORT ON THAT FOR THAT REVIEW? I HAVE NODDING, YES. BASICALLY, IT'S LIKE A ZONING IN PROGRESS TO SEE IF THERE'S A CONCENTRATION IN OUR CITY OF SMOKE SHOPS AND LIQUOR STORES, VAPE SHOPS IN OUR RETAIL PLAZAS, AND THE STATUS OF THEM AND HOW WE SHOULD HANDLE THAT GOING FORWARD. >> I JUST WANT TO CONFIRM YOU SAID ZONING IN PROGRESS, CORRECT? >> YES. >> OKAY. >> IT HAS BEEN CONSENSUS BY COMMISSIONER WRIGHT, COMMISSIONER VILLALOBOS, MR. DANIEL, HOW DO YOU FEEL? COMMISSIONER DANIEL IS ON BOARD, VICE MAYOR BOLTON. IT WILL STILL SAY 5-0 ON THE CONSENSUS FOR THAT. THANK YOU VERY MUCH. >> MADAM MAYOR, JUST ONE THING A POINT OF PERSONAL PRIVILEGE. IT IS COMING UP TO 11:30 I KNOW THAT WE HAVE A HARD STOP AT 11:30. I'D LIKE TO HAVE CONSENSUS OF MY COLLEAGUES TO MAKE SURE THAT WE HEAR ALL THE ITEMS ON THE AGENDA PAST 11:30. >> THANK YOU, VICE MAYOR, I DO HAVE THAT ON MY NECK SO THANK YOU VERY MUCH FOR THAT. >> YOU'RE WELCOME, MA'AM. >> I NEED A MOTION AND A SECOND TO EXTEND THE TIMING OF THIS MEETING TO COMPLETE ALL ITEMS ON THE AGENDA. DO WE HAVE A SECOND MOTION? >> HOW MUCH? >> SECOND. >> SECOND. >> WE GOT A MOTION BY COMMISSIONER VILLALOBOS, WE'VE GOT A SECOND BY THE VICE MAYOR. WELL, NOW IT'S APRIL COLEMAN. OUR CITY FOLK IS READY. >> THANK YOU, MADAM MAYOR. VICE MAYOR BOLTON? >> YES. >> DR. DANIEL? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER WRIGHT? >> YES. >> MOTION TO EXTEND THE MEETING PASSED 5-0. >> THANK YOU. WE WILL NOW MOVE TO 9F, [9.f TBO61 - Board Order approving/denying Special Exception application for Sunnyside Dispensaries - Tamarac located at 6001 North University Drive, Tamarac, Florida 33321, to allow for the use of an existing one (1) story, four-thousand nine-hundred and thirty-six square foot (4,936 sq.ft.) structure for a Medical Marijuana Dispensary in the MU-N (Mixed-Use Neighborhood) zoning district, pursuant to the Tamarac Code of Ordinances] QUASI-JUDICIAL, IT IS CBO 61. CITY ATTORNEY, WILL YOU PLEASE READ THE TITLE FOR THE RECORD? >> YES, MADAM MAYOR. MEMBERS OF THE COMMISSION, THIS IS A BOARD ORDER APPROVING OR DENYING SPECIAL EXCEPTION APPLICATION FOR SUNNYSIDE DISPENSARIES, TAMARAC, LOCATED AT 6001 NORTH UNIVERSITY DRIVE, TAMARAC, FLORIDA 33321, TO ALLOW FOR THE USE OF AN EXISTING ONE-STORY 4,936 SQUARE FOOT STRUCTURE FOR A MEDICAL MARIJUANA DISPENSARY IN THE MUN, MIXED-USE NEIGHBORHOOD, ZONING DISTRICT, PURSUANT TO THE TAMARAC CODE OF ORDINANCES. >> THANK YOU VERY MUCH. AS WE HAVE ALREADY BEEN SWORN IN. WE WILL GO THROUGH DISCLOSURES. COMMISSIONER VILLALOBOS? >> NONE. >> COMMISSIONER DANIEL? >> YES. >> YES, THAT'S SPOKEN WITH THE APPLICANT. VICE MAYOR? >> I DON'T KNOW THEM. I'VE NEVER SPOKEN TO THEM EXCEPT FOR THE LAST OCCASION THAT THEY WERE HERE AND TONIGHT WHEN I MET THEM IN THE AUDIENCE. >> THE ANSWER IS THERE'S BEEN. COMMISSIONER WRIGHT? >> NONE. >> THANK YOU. I HAVE SPOKEN WITH OTHER COUNCIL ON THIS PRIOR TO THIS MEETING AND TO THE APPLICANT LANDLORD. THANK YOU VERY MUCH FOR THAT. I NEED A MOTION AND A SECOND, PLEASE. [03:55:03] >> SO MOVED. >> SECOND. >> SECOND. >> I'VE GOT A MOTION BY VICE MAYOR. I'VE GOT A SECOND BY COMMISSIONER DANIEL. THE APPLICANT IS UP AT THE READY TO MAKE THE PRESENTATION. GO FOR IT. >> THANK YOU. GOOD EVENING, COMMISSION. IT'S GREAT TO BE HERE TO SPEND TIME WITH YOU. SEE SOME OF YOU AGAIN, AND WE'RE ON TRACK FOR LATE-NIGHT COOKIES, SO THAT'S GREAT. [LAUGHTER]. >> CALL THEM IN. >> LOGAN [INAUDIBLE] THE LAMS LAW FIRM HERE ON BEHALF OF THE APPLICANT. I REPRESENT CRESCO LABS. THEY DO BUSINESS AT SUNNYSIDE AND THEY ARE A CURRENTLY LICENSED MEDICAL MARIJUANA TREATMENT CENTER. THEY HAVE OVER 50 SITES ACROSS 10 STATES AND WORK VERY CLOSELY WITH THE STATE'S OFFICE OF MEDICAL MARIJUANA USE. SUNNYSIDE REALLY CONSIDERS THEMSELVES THE GOLD STANDARD IN TERMS OF PROFESSIONALISM, SECURITY, AND COMPLIANCE, AND WE HAVE SOMEWHAT OF A LENGTHY PRESENTATION SO THAT I'M GOING TO RUN THROUGH THESE SPECIAL EXCEPTION CRITERIA, SO A BIT OF THE MORE LEGALLY STUFF, AND WE DO HAVE REPRESENTATIVES FROM SUNNYSIDE HERE TODAY TO TALK A LITTLE BIT ABOUT WHO THEY ARE AND WHAT THEY DO AND THE PROPOSED PLAN HERE TODAY. THIS IS ME. THIS IS THE PROPERTY. IT'S CURRENTLY ZONED A MIXED-USE NEIGHBORHOOD. IT HAS THE RED STAR THERE ON THE BOTTOM LEFT-HAND SIDE LOCATED AT 6001 NORTH UNIVERSITY DRIVE. THIS IS THE CURRENT BUILDING ON THE SITE. IT'S AN OLD BANK, PREVIOUSLY CONSTRUCTED AND PERMITTED FOR USE UNDER THE TOWN'S CITY CODE. THIS IS THE FUN STUFF, OF COURSE, THE 10 SPECIAL EXCEPTION CRITERIA, THREE OF WHICH BEING MORE ADMINISTRATIVE. I'LL JUST BRIEFLY TOUCH ON THESE AND HAPPY TO ANSWER QUESTIONS ALONG THE WAY AND AT THE END OF MY PORTION. ONE BEING DEVELOPED CONSISTENT WITH THE COMPREHENSIVE PLAN. THE PROPOSED USE PROVIDES LOW-INTENSITY COMMERCIAL OPPORTUNITIES IN LINE WITH THE GOALS OF THE COMMERCIAL FUTURE LAND USE DESIGNATION. CONTRIBUTES TO THE CITY SERVICES AND ALTERNATIVE FORMS OF MEDICAL TREATMENT. AS FOR THE DEVELOPMENT STANDARDS, APPLYING WITH ZONING DISTRICTS. AGAIN, THIS MUN DISTRICT IS DESIGNED AND INTENDED TO CATER TO COMPACT MIXED-USE ACTIVITY, RETAIL DESTINATIONS, AND THE LIKE IN THE SURROUNDING NEIGHBORHOODS. IT IS CURRENTLY LOCATED NEAR SOME RESIDENTIAL AND NON-RESIDENTIAL USES, REDUCING VEHICULAR TRAVEL AND ALLOWS FOR PEDESTRIAN ACCESSIBILITY. AGAIN, THIS IS AN EXISTING BUILDING, SO AS PER THE BUILDING REQUIREMENTS, THEY ARE CURRENTLY IN COMPLIANCE WITH CITY CODE. I SKIPPED ONE. THEN COMPATIBILITY. AGAIN, WE'RE TALKING ABOUT AN EXISTING LAYOUT AND IT HAS SOME PRETTY SUBSTANTIAL SETBACK BUFFERING IN TERMS OF THE PARKING AREAS, THE DRIVE AISLES, EXISTING LANDSCAPES, FENCING. AGAIN, THAT MATURE TREE LINE, WHICH WE SAW ON THE AERIAL, LIMITED HOURS OF OPERATION ON THE SITE, WHICH WE'LL TOUCH ON A LITTLE FURTHER ON IN THE PRESENTATION, AND SIGNIFICANT SETBACK FROM THE ROADWAY. WE HAVE ABOUT 250 FEET OF SETBACK FROM THE UNIVERSITY, 78 FEET OF THE REAR SETBACK AND 76 ON THE SIDE, SO A LOT OF SEPARATION THERE. THIS BUTTON IS REALLY EXCITED ON ME TODAY. DESIRABLE FOR PUBLIC CONVENIENCE AND NOT OTHERWISE DETRIMENTAL TO THE PUBLIC HEALTH AND SAFETY. AGAIN, WE ARE CURRENTLY LICENSED. WE WORK VERY CLOSELY WITH THE STATE'S MEDICAL MARIJUANA USE. WE HAVE A PROVEN RECORD OF CONDUCTING BUSINESS IN AN ORDERLY MANNER. THERE'S STRICT CRITERIA FOR THIS TYPE OF USE UNDER THE STATE, AND OF COURSE, EACH JURISDICTION HAS THEIR OWN REQUIREMENTS AND COMPLIANCE STANDARDS AS WELL. TALKING A BIT ABOUT TRAFFIC AND WHERE IT IS LOCATED ON UNIVERSITY WE KNOW IS A MAJOR CORRIDOR AND A MAJOR THOROUGHFARE THROUGH THE CITY. MINIMIZATION OF ADVERSE EFFECTS. I TALKED A LITTLE BIT ABOUT THOSE STRICT RULES, CONDUCT, HOW TO OPERATE IT. AGAIN, THOSE ARE STATE REQUIREMENTS AND THEY ARE STRICTED ONES. BUT THIS PARTICULAR LOCATION IS SUITED WITH ITS SETBACKS, WHICH I TOUCHED ON, THOSE HOURS OF OPERATIONS, AND TALKING AGAIN ABOUT THE BUFFERING WITH EXISTING LANDSCAPING, FENCING, AND SETBACKS. ADEQUATE PROVISION FOR SAFE AND CONVENIENT VEHICULAR AND PEDESTRIAN TRAFFIC. WRAPPING UP A FEW OF SOME OF THE POINTS I MADE. AGAIN, THIS IS AN EXISTING BUILDING, PERMITTED, [04:00:01] APPROVED, AND CONSTRUCTED IN ACCORDANCE WITH CITY CODE. THE PROPOSED USE HAS SAFE AND CONVENIENT VEHICULAR PEDESTRIAN ACCESS. THE SITE PLAN ALSO HAS, YOU CAN SEE ADEQUATE DRIVE AISLES AND WALKWAYS. TALKING AGAIN ABOUT THE CODES AND SPECIFIC PERFORMANCE STANDARDS AND CRITERIA SET FORTH IN YOUR CODE, WHICH WE CURRENTLY COMPLY WITH. NO EXPANSION OF THE BUILDING IS REQUIRED OR BEING REQUESTED. THESE ARE SOME OF THOSE MORE ADMINISTRATIVE ONES. EXCEPT FOR THE TWO NEW FACES I SEE ON THE BOARD, YOU MAY RECALL I WAS HERE IN THE PAST. WE HAVE WORKED WITH THE CITY STAFF EXTENSIVELY ON THIS PROJECT. THIS MIXED-USE NEIGHBORHOOD DISTRICT HAD HISTORICALLY ALLOWED FOR THIS USE BY RIGHT, AND SO WE HAD REQUESTED A ZONING VERIFICATION LETTER WHEN WE PURCHASED THE PROPERTY, WHICH WE RELIED ON TO PREVIOUSLY SUBMIT A BUILDING PLAN. THERE WAS AN ADMINISTRATIVE ORDER IN PLACE AS ZONING AND PROGRESS, WHICH CHANGED THE PROCEDURE TO ALLOW FOR SPECIAL EXCEPTION. THE BOARD ENCOURAGED US TO WORK WITH STAFF ON THE SPECIAL EXCEPTION, CRITERIA AND PROCEDURE AND THEY'VE BEEN WONDERFUL AND HELPFUL IN GETTING US THE NECESSARY INFORMATION WE NEED TO FILL OUT A COMPLETE APPLICATION THAT MEETS YOUR STANDARDS AND CODE REQUIREMENTS FOR A SPECIAL EXCEPTION. THIS HAS BEEN REVIEWED BY STAFF. THEY'RE RECOMMENDING APPROVAL. THIS HAS BEEN BEFORE THE PLANNING COMMISSION. THEY'VE ALSO RECOMMENDED APPROVAL. JUST TO GIVE YOU A LITTLE BIT MORE COLOR, I KNOW WE'RE TRYING TO MOVE ALONG, IT BEING THE LAST ITEM, I DO WANT TO INTRODUCE MATTHEW RYAN. HE'S GOING TO TALK A LITTLE BIT ABOUT THE BUSINESS ITSELF AND THE SITE PLAN AND WHAT'S INTENDED THERE ON THE PROPERTY. >> WELL, I'M RYAN. THANK YOU, LOGAN, FOR THE INTRODUCTION. THANK YOU, MADAM MAYOR AND COMMISSIONER BOLTON, COMMISSIONER DANIEL, COMMISSIONER VILLALOBOS, AND COMMISSIONER WRIGHT. I PRACTICED YOUR NAME COMMISSIONER BEFORE JUST A FEW TIMES. I'M TIRED, SO I WAS STRESSED I WOULDN'T GET IT RIGHT. I HAVE SOME SLIDES, BUT I THOUGHT IN LIGHT OF THE FACT THAT WE ARE FOLLOWING ON THE HEELS OF A HOOKAH LOUNGE, A SMOKING DISCUSSION, AND A LOT OF TALK ABOUT CANNABIS, I WANTED TO JUST QUICKLY GO THROUGH. ONE, WE ARE A MEDICAL DISPENSARY. WE ONLY SERVE MEDICAL PATIENTS WHO'VE BEEN LICENSED BY THE STATE, AND THOSE PATIENTS ARE REFERRED BY PHYSICIANS WHO ARE LICENSED BY THE STATE. THERE IS NO SMOKING OR CONSUMING OF PRODUCT AT ANY OF OUR DISPENSARIES EVER. WE'VE GOT SOME THINGS GOING FOR US ALREADY. WE DO HAVE STATE-OF-THE-ART SECURITY, WHICH I'M GOING TO GO THROUGH. I THINK THAT WAS AN IMPORTANT ONE. I THINK THAT'S IT. WE'LL MOVE ON. I'LL GO QUICKLY. TO BUILD THE MOST IMPORTANT CANNABIS COMPANY IN THE US. WHEN I STARTED WITH CRESCO, WE WERE A STARTUP, SMALL, AND WE HAVE DEVELOPED INTO REALLY A LEADER IN THIS INDUSTRY. THERE WAS SOME CONVERSATIONS ABOUT ADVERTISING, WHICH WE REALLY DON'T DO IN THE MEDICAL FIELD. OUR PATIENTS TYPICALLY COME FROM PHYSICIANS THAT ARE REFERRING THEM. TO THAT EXTENT, WE HAVE WRITTEN THE GUIDELINES ESSENTIALLY FOR HOW NOT TO ADVERTISE HOW TO APPROPRIATELY ACT WITHIN THIS BUSINESS SPACE. THIS IS A VERY QUICK SNAPSHOT OF WHERE WE HAVE COME IN THE LAST THREE-AND-A-HALF YEARS. WE ARE THE NUMBER 1 WHOLESALER IN THE COUNTRY, AND YOU CAN SEE, I THINK, LOGAN MENTIONED, WE HAVE 50 DISPENSARIES ACROSS THE COUNTRY. WE JUST AND I BELIEVE WE'RE AT 20 OR 21? TWENTY-ONE I KNOW THAT WE JUST ADDED ANOTHER ONE HERE IN FLORIDA, SO I WILL GO THROUGH THAT. THESE ARE THE LOCATIONS, I THINK THE ONLY ONE MISSING IS THE WEST ORLANDO LOCATION THAT RECENTLY OPENED. WE HAVE EXPERIENCE HERE IN FLORIDA. THESE ARE SOME OF THE ACTUAL PICTURES OF THE DISPENSARIES IN THE AREAS. [04:05:05] I ADDED THIS SLIDE ALL ON MY OWN, SO I'M VERY PROUD OF IT. THIS ONE HERE. THIS IS THE INTERIOR OF WHAT MANY OF OUR FACILITIES LOOK LIKE. ONE OF THE THINGS WE DO AT CRESCO, YOU'VE HEARD PEOPLE OR WE'VE HEARD WE'RE LIKE THE APPLE OF CANNABIS OR MEDICAL CANNABIS. BUT THE POINT IS TO MAKE EVERY DISPENSARY AS EXTREMELY CLEAN. IT IS THE STATE-OF-THE-ART SECURITY, THERE ARE NO LAPSES, IT IS 24/7 EVERY ANGLE, EVERY NUANCE OF THAT BUILDING OF THAT INTERIOR IS COVERED AND IT'S A WELCOMING AREA FOR PATIENTS. I THINK THAT IS IMPORTANT. THE OTHER THING, SO THIS IS JUST A KIOSK, IT SHOWS WHERE PATIENTS WOULD COME TO PICK UP THEIR ORDERS. THERE IS NO CANNABIS OR PRODUCT IN THAT IN THIS AREA WHEN YOU WALK IN, WHEN YOU LOOK AT THOSE WALLS, THOSE ARE EMPTY. THERE IS NO CANNABIS THAT IS ACCESSIBLE TO PATIENTS. WHEN A PATIENT WALKS IN, FIRST OF ALL, AT THE FRONT DOOR WHICH IS SEPARATED, THEIR ID, THEY HAVE TO HAVE A STATE LICENSE, THEY HAVE TO PRESENT THAT, AND THEN THEY WILL BE ALLOWED INTO THE AREA THAT YOU'RE LOOKING AT. THAT AREA DOES NOT HAVE ANY CANNABIS THAT IS ACCESSIBLE. ALL CANNABIS IS IN A SAFE, IN THE BACK, THAT ONLY A FEW EMPLOYEES HAVE SECURITY CLEARANCE TO GET TO. THIS IS ANOTHER PRETTY PICTURE OF WHERE WE'RE LOCATED. COMMERCIAL MULTI-USE AREA. THIS IS A SNAPSHOT OF THE TENANT SPACE AND I THINK THE POINT OF THIS WAS TO SHOW THAT WE HAVE AMPLE PARKING. IF YOU CAN FIND ANY OTHER NUGGETS IN THERE. BUT KNOW WE DO HAVE AMPLE PARKING. THIS IS THE FLOOR PLAN LAYOUT AS YOU CAN SEE, THERE IS A VAULT. THAT VAULT IN THAT ROOM, REMEMBER WE SAW THE COUNTER SPACE THAT IS BEHIND THAT COUNTER. THERE'S A BREAK ROOM FOR OUR EMPLOYEES, THERE'S AN OFFICE THAT YOU CAN SEE, WE HAVE CONSULTATION ROOMS FOR PATIENTS. A LOT OF OUR PATIENTS WHEN THEY GET REFERRED FROM PHYSICIANS, THE PHYSICIAN WILL WRITE THEM A SCRIPT THAT THEY CAN COME TO A DISPENSARY, BUT THEY'RE NOT SPECIFICALLY ALWAYS WRITING FOR ANY EXACT PRODUCTS. OUR FOLKS ARE REALLY GOOD AT EDUCATING PATIENTS AND FINDING THEM PRODUCTS THAT WORK. HERE WE HAVE THE FLOOR LAYOUT AND ACCESS I THINK WE COVERED THIS. CUSTOMERS WILL ONLY HAVE ACCESS TO LIMITED AND DESIGNATED PORTIONS OF THE FACILITY, INCLUDING A SECURE ENTRY. THEY MUST DEMONSTRATE PROOF, WE COVERED THAT, A GENERAL SALES FLOOR, A CONSULTATION ROOM, CUSTOMER RESTROOMS, AND A SECURED EXIT. GENERAL PUBLIC MAY NOT ENTER THE FACILITY, ONLY AUTHORIZED PATIENTS, VISITORS, AND CAREGIVERS. THE REST OF THE FACILITY WILL BE ACCESSIBLE TO STAFF ON A TIERED BASIS. WE COVERED THE OTHERS. MOVING ON. FACILITY OPERATION. FLORIDA OPERATES IN A VERTICALLY INTEGRATED MARKET. WE TALKED ABOUT THIS WHEN WE PRESENTED IN FRONT OF THE COMMUNITY PLANNING BOARD. FLORIDA IS A LITTLE BIT DIFFERENT, SO WHEN YOU GO INTO A DISPENSARY, LET'S SAY IN OHIO, THOSE MEDICAL DISPENSARIES CAN CARRY PRODUCTS FROM MULTIPLE COMPANIES. HERE IN FLORIDA, WHEN YOU GO INTO A SUNNYSIDE, THE ONLY PRODUCTS YOU WILL SEE ARE THOSE THAT WE SUNNYSIDE CRESCO LABS THAT WE PRODUCE AND CULTIVATE. WE DO GET QUESTIONS SOMETIMES AS TO WHY ARE THERE SO MANY DISPENSARIES IN FLORIDA? THAT'S PART OF THE REASON. BECAUSE PATIENTS HAVE ALL DIFFERENT TYPES OF AILMENTS AND THINGS THEY'RE TRYING TO TREAT. IT'S NOT LIKE GOING TO WALGREENS WHERE YOU HAVE ALL OF YOUR MEDICATIONS IN ONE SPOT. THE UPSIDE TO SUNNYSIDE AND TO CRESCO LABS IS BECAUSE OF OUR SIZE, BECAUSE OF THE ARRAY OF PRODUCTS THAT WE HAVE, WHEN A CUSTOMER COMES TO SUNNYSIDE, THERE'S A MUCH HIGHER LIKELIHOOD THAT WE'RE GOING TO HAVE SOMETHING THAT TREATS WHAT THEY'RE LOOKING FOR. [04:10:04] IT IS A LITTLE BIT MORE ACCESSIBLE TO DIFFERENT PATIENT TYPES. THIS IS IMPORTANT, SO NO UNPACKAGED CANNABIS PRODUCTS IN THE STORE, NO CANNABIS CONSUMPTION IN THE BUILDING, NO ONE UNDER THE AGE OF 18 IS PERMITTED WITHOUT A GUARDIAN OR AUTHORIZED CAREGIVER. ACCESS IS LIMITED TO AUTHORIZED EMPLOYEES, I THINK WE TOUCHED ON THAT. SUNNYSIDE HOURS WILL BE MONDAY THROUGH SATURDAY, 09:00 AM TO 08:00 PM, AND ON SUNDAY FROM 09:00 AM TO 06:00 PM SO THERE ARE NO LATE HOURS, PRETTY NORMAL HOURS. NEIGHBORHOOD WILL HAVE APPROPRIATE EXTERIOR SIGNAGE, DEBIT CARD COMPATIBLE FOR CASHLESS TRANSACTIONS, WHICH ADDS TO THE SECURITY. WE'RE NOT LIKE THE OLD DAYS WHERE YOU'VE GOT ALL OF THIS CASH ON HAND. PRODUCT LEAVES THE STORE IN A SEALED PACKAGING JUST LIKE A PHARMACY. I THINK IT'S WORTH NOTING THAT, LIKE A PHARMACY AND MAYBE EVEN MORE SO THAN A PHARMACY, OUR PRODUCTS ARE TRACKED FROM SEED TO SALE. FROM THE TIME THAT PLANT IS 8 INCHES TALL, TO EVERY STEP ALONG THE WAY, TO WHEN IT'S CULTIVATED AND WHEN IT IS PACKAGED, EVERY STEP OF THE WAY IS TRACKED WITH THE STATE. WE CAN ACTUALLY GO BACK IF A PRODUCT IS RECALLED, WE KNOW WHERE IT WAS PACKAGED, WHEN IT WAS PACKAGED, WHO CULTIVATED IT, WHO PROCESSED IT, SO IT IS A REALLY DETAILED SECURITY SYSTEM WHEN NEEDED. TRASH. THERE IS NO WASTE CONTAINING CANNABIS THAT'S GENERATED ONSITE. IF SOMEONE WERE TO RETURN A PRODUCT, WE DON'T DISPOSE OF THAT AND THROW IT IN THE TRASH OUTSIDE. A BAD PRODUCT IS PICKED UP BY ONE OF OUR SECURED TRANSPORTATION VEHICLES, IT IS BROUGHT BACK TO THE CULTIVATION SITE WHERE IT'S DESTROYED. WE DON'T LEAVE ANYTHING TO CHANCE AND NOTHING IS THROWN AWAY WITH THC-O PRODUCT. WASTE DOES NOT CONTAIN PRODUCT, I THINK WE DID IT. ALL DAMAGED, DEFECTIVE PRODUCT WILL BE SENT BACK, WE SAID THAT. LOADING. PRODUCT DELIVERIES OCCUR BETWEEN 2-3 OUR TRANSPORTATION VANS. THERE WILL BE NO ADVERTISING, MARKETING, OR BRANDING INDICATING WHAT THE VEHICLE IS TRANSPORTING. ROUTES AND TIMES ARE VARIED SO THEY'RE NOT PREDICTABLE. ALL PRODUCTS WILL BE TRANSPORTED IN SECURE LOCK STORAGE COMPARTMENTS AND PART OF THE VEHICLE TRANSPORTING THE PRODUCTS CANNOT BE EASILY REMOVED. THERE'S AT LEAST TWO AGENTS IN THE VEHICLE TRANSPORTING THE PRODUCT AT ALL TIMES. ONE AGENT REMAINS WITH THE PRODUCT AT ALL TIME. WITHIN EIGHT HOURS OF ARRIVAL, SUNNYSIDE WILL INVENTORY AND ACCOUNT FOR ALL OF ITS PRODUCTS ON VIDEO SO EVERYTHING IS EXTREMELY TRACKED AND NOTED ON CAMERA. AN ARMORED CAR SERVICE WILL PICK UP ANY MONETARY INSTRUMENTS AS NEEDED EACH WEEK. THERE'S A LOT HERE. ANY OF THESE WE COULD SKIP. FACILITY INCORPORATES HIGH-RISK SECURITY MEASURES. DOZENS OF INTERIOR AND EXTERIOR CAMERAS WITH 100 PERCENT OVERLAP. LIKE WE MENTIONED EARLIER, THERE IS NOT A CORNER IN THAT FACILITY THAT IS NOT ON CAMERA. ALL ENTRANCES AND EXITS AND THERE'S ONLY TWO, ARE ON CAMERA, OUR EMPLOYEES ARE ON CAMERA, AND THE PRODUCTS WHEN RECEIVED IS ON CAMERA. THE OTHER NOTABLE THING IS SECURITY LIKE LOCAL LAW ENFORCEMENT, FIRE DEPARTMENTS, WE HAVE BUILT OUR SYSTEMS THEY CAN EASILY TIE IN TO GET OUR FOOTAGE TO LOOK IN OUR STORES. IN FACT, WE HAVE A NUMBER OF OCCASIONS, WE HAVE SO MANY CAMERAS OUTSIDE AND INSIDE WE'VE ACTUALLY GIVEN IT TO LOCAL POLICE, NOT FOR CRIMES HAPPENING TO US, BUT IN THE NEIGHBORHOOD OR NEARBY. KEYS AND ACCESS CODES TO THE VAULT AND ALARM SYSTEMS ARE CONTROLLED TO PREVENT ACCESS TO ANYONE OTHER THAN AUTHORIZED EMPLOYEES AND ALL PRODUCT IS TRACKED FROM THE TIME IT ENTERS UNTIL IT LEAVES. WE PUT THIS IN HERE SO ALL OF THOSE BLACK SPOTS ARE CAMERAS. THIS IS THE FLOOR PLAN AND SHOWING YOU THAT THERE IS A CAMERA, LOTS OF CAMERAS IN EVERY ROOM, IN EVERY CORNER. TRAFFIC AND PARKING. THE STRIP CENTER HAS 50 SPACES AVAILABLE FOR PATIENTS, THE FACILITY IS FREE-STANDING COMMERCIAL BUILDING WITH AMPLE PATIENT PARKING, AND CURRENT ACCESS POINTS ARE MORE THAN SUFFICIENT FOR PROPOSED USE AND ANTICIPATED CUSTOMER TRAFFIC. [04:15:01] THE FUN PART, LOCAL HIRING, ANCILLARY BUSINESS OPPORTUNITIES. OUR BUSINESS TYPICALLY DOES DRIVE BUSINESS AROUND US. WE'VE HIRED A LOT OF FOLKS THROUGHOUT THE FLORIDA AREA. WE ALSO HAVE A LARGE CULTIVATION CENTER IN MARTIN COUNTRY, WHICH EMPLOYEES, I THINK, CLOSE TO 150 INDIVIDUALS. OUR DISPENSARIES ARE WELL-PAYING, FULL BENEFITS. THESE ARE GOOD JOBS. I THINK THE IMPORTANT PART AND ONE THAT I'M INCREDIBLY PROUD OF IS OUR ORGANIZATIONAL PARTNERSHIPS AND COMMUNITY INVESTMENTS. IN THE SHORT TIME THAT WE'VE ENTERED THE FLORIDA MARKET, WE'VE ALREADY MADE AN IMPRESSION IN EVERY COMMUNITY RECENTLY WITH THE HURRICANE. EVERY SINGLE ONE OF OUR OPERATING DISPENSARIES DID A FOOD DRIVE, A WATER DRIVE, AND PROMOTED AND SENT THOSE TO LOCAL CHURCHES AND COMMUNITY CENTERS. WE'VE WORKED WITH PTSD AND DONATED FOR THERAPIES FOR OUR VETERANS. WE DO A LOT OF WORK IN THE COMMUNITIES IN WHICH WE LIVE AND EXIST, AND WE THINK THAT'S A CRITICAL PART OF WHAT WE DO. THIS JUST TALKS ABOUT IN THE MONTH OF OCTOBER, WE DO THIS ALL YEAR, BUT THIS GOES TO THE KIND OF COMPANY THAT WE WANT TO BE AND THAT WE ARE. WE DO A LOT OF SOCIAL EQUITY WORK IN CHICAGO. WE HAD AN INCUBATOR PROGRAM WITH OVER 200 INDIVIDUALS THAT WERE WORKING THEIR WAY TOWARDS CRAFT GROWING LICENSES. WE'VE PARTNERED WITH UNIVERSITIES AND COLLEGES THAT NOW TEACH AGRICULTURE AND PROMOTE CERTIFICATES, SO OUR BARTENDERS AND OUR EDUCATORS CAN ACTUALLY GET CERTIFIED IN ADVANCEMENT IN THIS INDUSTRY. WE ARE DOING A LOT TO TRY AND MOVE THIS INDUSTRY AS A WHOLE IN THE RIGHT DIRECTION. IN THE MONTH OF OCTOBER, OVER 250 PEOPLE, AND THOSE ARE OUR EMPLOYEES, STEPPED UP. THEY LOGGED OVER 1,000 HOURS IN ONE MONTH. I THINK LAST SUMMER WE DID OVER 10,000 VOLUNTEER HOURS AMONG OUR EMPLOYEES. BEFORE I GO TO THIS, I WANT TO INTRODUCE OUR VICE PRESIDENT OF RETAIL, CONNIE, AND I BRING HER UP BECAUSE WHEN WE WERE PRESENTING IN FRONT OF THE PLANNING BOARD, WE GOT A QUESTION OF WHY TAMARAC, AND THERE IS A LOT OF REASONS WHY TAMARAC WAS SO ATTRACTIVE TO US, BUT I THINK HER STORY IS COMPELLING AND SAYS IT ALL. CONNIE. THANK YOU-ALL. >> HI, EVERYONE. GOOD EVENING, MAYOR AND CITY COMMISSIONERS. MY NAME IS CONNIE WOOLSEY. I WAS TALKING WITH INDIVIDUALS HERE TONIGHT AND IT IS SUCH AN HONOR TO BE BACK IN THE CITY OF TAMARAC. I GREW UP HERE. I WENT TO TAMARAC ELEMENTARY. I WON'T TELL YOU WHAT YEARS. [LAUGHTER] MANY MOONS AGO. IT IS ALWAYS AN HONOR AND A PLEASURE TO COME BACK TO THE COMMUNITIES THAT YOU GROW UP IN. I GOT TO SEE MY PARENTS. I DON'T LIVE IN THE AREA AS CLOSE, SO I GOT TO SEE MY PARENTS EARLIER TODAY, WHICH IS A NICE AND LOVELY VISIT. BUT SO GRATEFUL TO BE HERE. I'M A PART OF THE MEDICAL MARIJUANA INDUSTRY HERE IN FLORIDA, TRULY BECAUSE IT'S SOMETHING I'M SUPER PASSIONATE ABOUT. MY HUSBAND IS A VETERAN. HE SERVED OUR COUNTRY. HE WAS INJURED, HE'S DISABLED. CLASSIC STORY OF MANY OF OUR VETERANS THAT GET PUT ON NUMEROUS PRESCRIPTION MEDICATIONS TO DEAL WITH ILLNESSES AND CHRONIC PAIN DUE TO COMING OUT OF THE SERVICE. WE WERE YOUNG AND WE DIDN'T KNOW MUCH AT THE TIME IN OUR EARLY 20S. YOU WOULD TAKE THE ADVICE OF YOUR LOCAL DOCTORS OF HERE, TAKE THIS, TAKE THAT, AND THE NEXT THING YOU COULD BE DOWN A REALLY BAD PATH HEALTH-WISE. SO IT WAS THROUGH EDUCATION AND GETTING TO LEARN AND TALKING TO DIFFERENT HEALTH PROVIDERS FOR FINDING OUT ABOUT THE BENEFITS OF MEDICAL CANNABIS. AS WE LEARNED MORE THROUGHOUT THE YEARS, IT REALLY EDUCATED US ON REALLY THE BENEFITS. MY HUSBAND GREW UP IN TEXAS AND HE WAS VERY RELIGIOUS, VERY ANTI-DRUGS, AND NEVER TOUCHED THIS STUFF AS A TEENAGER, NEVER TRIED IT UNTIL HIS ADULTHOOD, AND SO THAT EXPERIENCE FOR HIM TRANSFORMED HIS LIFE IN ONE TRIAL. WHEN WE MOVED BACK TO FLORIDA AND THE MEDICAL MARIJUANA PROGRAM [04:20:02] BECAME AN OPPORTUNITY HERE, I JUST KNEW I HAD TO BE A PART OF IT. I KNEW I HAD TO BE A PART OF IT BECAUSE THIS PLANT CAN TRANSFORM PEOPLE'S LIVES. I STAND HERE BEFORE YOU HAVE BEEN IN THIS INDUSTRY HERE IN FLORIDA FOR ABOUT FIVE YEARS NOW, AND MY GOAL IS TO HELP EDUCATE AND TEACH AND HELP PEOPLE UNDERSTAND THE CAPACITIES AND THE CAPABILITIES OF WHAT THIS PLANT BRINGS. I AM NOW THE VICE PRESIDENT OF RETAIL HERE IN FLORIDA FOR CRESCO LABS, HONORED TO BE HERE. I'VE BEEN A MAJOR CONTRIBUTOR TO BUILDING OUR OPERATIONS PRE-CRESCO ACQUIRING OUR ORGANIZATION. I CAN SAY I AM SO PROUD TO WORK FOR THIS ORGANIZATION WHERE I HAVE A VOICE AND A SAY, AND I GET TO HELP OUR PEOPLE, HELP OUR COMMUNITIES, AND EXPAND THAT POWER ACROSS OUR ENTIRE STATE TO HELP CHANGE PEOPLE'S LIVES EVERY DAY, HELP BRING HEALTH AND WELLNESS. THERE IS A STIGMA ON THIS PLANT THAT EVERY SINGLE DAY MY GOAL IS TO GET UP AND JUST CHANGE ONE PERSON'S LIFE, GIVE THEM ONE PIECE THAT THEY CAN LEARN AND TAKE AWAY FROM THIS. I'M HERE BEFORE YOU BECAUSE I TRULY BELIEVE THAT WE DO GREAT THINGS, THAT WE BRING RELIEF, THAT WE BRING HEALTH AND WELLNESS, AND THERE IS SO MUCH OPPORTUNITY OUT IN FRONT OF US AND I'LL BE SO PROUD TO OPEN A SUNNYSIDE HERE IN TAMARAC. THANK YOU. >> THANK YOU VERY MUCH AND THANK YOU FOR SUPPORTING YOUR HUSBAND AND YOUR HUSBAND'S SERVICE TO OUR COUNTRY. VERY MUCH APPRECIATED. WHATEVER COMING UP ASIDE, WE DO HAVE THE "BILL" KLING VA HERE ON COMMERCIAL BOULEVARD. IT'S CONSIDERED SUNRISE, BUT IT'S RIGHT HERE, NOB HILL AND 94TH. I'M NOT SURE IF YOU'VE CONNECTED WITH THEM AND IF THERE IS ANYTHING THAT YOU CAN DO TO HELP EACH OTHER, JUST PUTTING THAT OUT THERE. I AM NOT SEEING ANY QUESTIONS FROM MY COLLEAGUES, BUT I DO HAVE TO OPEN IT UP FOR PUBLIC COMMENTS. SO I DO HAVE SOMEONE WHO WISHES TO MAKE A COMMENT. IF YOU DON'T MIND, HE'S GOING TO SHARE YOUR PODIUM. THANK YOU. AS PUBLIC COMMENTS, WE DON'T HAVE TO HAVE THEM SWORN IN, CORRECT? >> YES. >> YES, WE DO THEN. RON, IT'S TIME TO SWEAR. >> DO YOU SWEAR TO TELL THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? >> YES, SIR. >> NAME AND LOCATION FOR THE RECORD, PLEASE. >> THANK YOU. >> THANK YOU. >> THANK YOU FOR LISTENING TO ME. MY NAME IS RONALD WASSERMAN. I LIVE IN THE COMMUNITY. MOST OF YOU KNOW ME VERY WELL. WE HAVE ANOTHER MARIJUANA DISPENSARY SAYING THEY'RE DOING A GREAT JOB. WE HAVE ALL THESE DIFFERENT THINGS DEVELOPED. WELL, YOU'RE REQUIRED BY STATE LAW TO DO A LOT OF THINGS. PLEASE DON'T ALWAYS SAY THAT YOU ARE THE BEST BECAUSE YOUR COMPETITORS SAY THEY ARE THE BEST. I'M DISAPPOINTED IN A FEW WAYS. NUMBER 1, WHEN YOU WANT TO OPEN THESE FACILITIES, YOU ALWAYS TALK ABOUT CHARITY AND WHAT YOU'RE GOING TO GIVE TO CHARITY, ETC. HOW YOU HELP VETERANS. THAT'S A GOOD THING. OUR VETERANS NEED YOUR SUPPORT CONSTANTLY, NOT FOR JUST FOR MARIJUANA. IN ANY CASE, I HAVE THREE MINUTES. I NOW HAVE A MINUTE AND 56. HERE'S ANOTHER MARIJUANA DISPENSARY. WE'VE GOT THEM ALL OVER. I'M NOT SAYING I'M AGAINST MARIJUANA. I'M JUST SAYING OCCASIONALLY, YOU COME PEOPLE SAY WE'RE GOING TO DO ALL THESE GREAT THINGS FOR OUR COMMUNITY. THE ONLY THING THEY'RE IN COMPETITION FROM IS HOW TO HAVE A HAPPY DAYS WEDNESDAYS AND HAPPY DAYS FRIDAYS IN HALF PRICING. MARIJUANA IN THIS COMMUNITY IS HIGHLY OVERPRICED IN THE STATE OF FLORIDA, TAXED LIKE CRAZY. IT'S NOT THE PROBLEM OF THESE MARIJUANA COMPANIES. BUT BOY AS AN ACTIVE CITIZEN, WE LOOK FOR DEVELOPMENT AND WE GET MARIJUANA DISPENSARIES. UNFORTUNATELY, A LOT OF BANKS WENT OUT OF BUSINESS IN TAMARAC. GOOD PLACE TO OPEN THESE FACILITIES. WE'D LIKE THE SECURITY AND ALL THAT. BUT I MUST TELL YOU AGAIN, AS A VERY ACTIVE CITIZEN AND MANY OF YOU DON'T LIKE TO LISTEN TO MY VOICE. THAT'S OKAY. BUT SPECIAL INTERESTS AGAIN, ARE REARING THEIR HEAD. THAT IS MY OPINION. BUT LET ME TELL YOU. [04:25:01] MY OPINION IS A LOT LIKE MANY OTHERS IN THIS COMMUNITY. GIVE THEM KNOW WHAT THEY WANT. WE'RE NOT HAPPY ABOUT IT. THEY'LL COME AND THEY'LL LEAVE AND GO ONTO SOMETHING ELSE. THANK YOU AGAIN, EVERYONE FOR LISTENING TO ME, IT'S VERY LATE. I'M THE ONLY ONE WHO'S NOT GETTING PAID FOR BEING HERE. >> THANK YOU. COMMISSIONER VILLALOBOS. >> I JUST WANT TO MAKE A COMMENT TO CITY STAFF AND CITY MANAGER THAT I'M INCLINED TO SAY YES TO THIS ONE. I DON'T KNOW ABOUT THE NEXT ONE. IF WE CAN SOMEHOW FIX THAT. >> THANK YOU. ADDRESSING COMMENTS BUT NOT ADDRESSING COMMENTS, SO TO SPEAK. THIS ONE I AM WITH COMMISSIONER VILLALOBOS. THIS ONE WAS A VERY STRANGELY TIMED ITEM, AND I UNDERSTAND THE UPS AND DOWNS OF BOTH OF THEM. BUT I TOO KNOW THAT I FEEL THAT OUR CITY HAS BECOME A DISPENSARY, MECCA. THAT'S ONE OF THE REASONS WHY THERE WAS A MORATORIUM IN PLACE. THERE WAS A CHANGE IN ZONING. HOWEVER, ALONG WITH COMMISSIONER VILLALOBOS TITLES RIGHT NOW. I DO THINK THAT IT NEEDS TO BE MORE STRINGENT IN THE LOCATION. WE HAD NARROWED IT DOWN. I THINK THAT WHEN WE'RE LOOKING AT OUR ZONING AND PROGRESS REGARDING SMOKE SHOPS AND RETAILS, IT NEEDS TO CONTINUE PAIRING IT DOWN AS WELL. ON THAT NOTE, IF THERE'S NOTHING FURTHER. THEN WE WILL CALL THE ROLL. >> THANK YOU, MAYOR GOMEZ. DR. DANIEL? >> YES. >> COMMISSIONER VILLALOBOS? >> YES. >> COMMISSIONER WRIGHT? >> YES. >> VICE MAYOR BOLTON. >> YES. >> MAYOR GOMEZ. >> YES. >> THANK YOU. MOTION PASS 5-0. >> THANK YOU. NOW, LADIES AND GENTLEMEN, IT IS 11:45. THIS COMMISSION WILL TAKE A BREAK AND START AGAIN AT MIDNIGHT. SEE YOU HERE IF YOU'RE STILL HERE IN 15 MINUTES. THANK YOU VERY MUCH. THOSE WHO ARE GOING HOME, BE SAFE. HAPPY THURSDAY, EVERYBODY. GOOD TO SEE YOU ALL. WE ARE NOW UP TO THE 10 ITEMS. WE ARE AT 10A, [10.a Discussion and possible action to seek Letters of Interest for Legal Services of the City of Tamarac] DISCUSSION AND POSSIBLE ACTION TO SEEK LETTERS OF INTERESTS FOR LEGAL SERVICES FOR THE CITY OF TAMARAC. THIS ITEM WAS REQUESTED BY MYSELF. I'VE PUT IN THE BACKUP, BASICALLY THE LETTERS OF INTERESTS PROCESS THAT WE HAVE DONE IN THE PAST. I HAVE ALREADY SPOKEN TO THE CITY ATTORNEY ABOUT THIS BEFORE PUTTING THIS ON, WANTING TO MAKE SURE HE UNDERSTOOD THAT WE HAVE A NEW COMMISSION. I HAVE FELT THAT THE PAST COUPLE OF YEARS AND THE WAY THE PROCESS HAS BEEN, HAS NOT BEEN A COMPLETE PROCESS FOR WHICH PEOPLE WHO MAY HAVE WANTED TO APPLY GOT THE OPPORTUNITY TO APPLY. I BELIEVE THAT HE CAME ON BOARD WITH SOME STUFF AND I THINK THAT HE SHOULD HAVE THE ABILITY TO REAPPLY IN MY OPINION AND LET THIS NEW COMMISSION MAKE THE FULL DETERMINATION AS TO WHO WILL BE PROVIDING LEGAL SERVICES THROUGH, WHETHER IT'S JUST CONTINUING ON WITH FOX ROTHSCHILD AND JOHN HERRON OR IF IT'S BRINGING ON SOMEBODY NEW. BUT I WANTED TO GO ON THROUGH THIS COMMISSION MAKING THE ABILITY TO HAVE THE CHOICE TO GO THROUGH LETTERS OF INTENT AND WHAT I DID TO START THE CONVERSATION OFF BECAUSE IT'S A LITTLE OVERWHELMING. THE CITY COMMISSION FOR ANYBODY WHO'S LISTENING AND THEN WE DO HAVE SOME PEOPLE IN THE AUDIENCE, BUT THANK YOU FOR BEARING WITH US. THE CITY COMMISSION ONLY HIRES AND FIRES THE CITY MANAGER AND CITY ATTORNEY. THIS IS THE ONLY AVENUE THAT WE HAVE HUMAN RESOURCES, SO TO SPEAK, RESPONSIBILITIES. BUT AT THE SAME TOKEN, US AS A BODY, WE ARE NOT ACTUALLY HUMAN RESOURCES PROFESSIONALS, BUT WE DO HAVE A PROCESS FOR [04:30:02] SEEKING IT OUT THROUGH PROPER PROCUREMENT AND IT IS SET FORTH IN OUR STATUTES, IN OUR CHARTER. WHAT I DID, IF YOU'RE LOOKING AT THE ITEM THAT I PUT IN THE BACKUP, THERE IS A PROPOSED PUBLISHED DATE AND ACTUALLY IN YOUR BACKUP, IT'S NOT COLOR-CODED, BUT WHAT I TRY TO DO AND JUST AGAIN, TO START THE CONVERSATION, IF THERE'S INTEREST HERE, THAT IF WE PUBLISH BY FRIDAY, DEPENDING ON THE QUICKNESS OF THIS ITEM, WE CAN HAVE THE CLOSING DATE. I REALLY WISH I HAD THE COLOR ITEM UP IN FRONT, I APOLOGIZE, I DON'T. HAVING IT TO EITHER DECEMBER 16TH OR MONDAY THE 19TH, DEPENDING ON IF STAFF CAN ASSIST US AND HOW QUICKLY STAFF COULD DO THE PUBLISHING. WE CAN ADD THE PROPOSAL DATE AND TIME OF CLOSING THIS THROUGH THE JANUARY 10TH OR JANUARY 12TH OR 18TH. IT'S MY UNDERSTANDING THAT WHEN PROPOSALS ARE IN, THERE'S ALSO QUESTIONS THAT NEED TO BE ASKED OF STAFF FOR PROCUREMENT ON THIS, AND THAT WOULD BE CORRESPONDING TO JANUARY 4TH OR 9TH OR 11TH. BECAUSE AT THE END OF THIS FROM WHATEVER THE ITEMS WILL COME BACK IF WE ARE TO GO FORWARD WITH THIS CALL FOR PROPOSALS FOR ATTORNEY SERVICES, WE THEN HAVE TO COME BACK. WE HAVE TO REVIEW IT AND WE HAVE TO HAVE MEETINGS BASED ON IT AND DISCUSS IT. IT IS MY HOPE THAT THROUGH THIS PROCESS THAT OUR CITY ATTORNEY DOES NOT LEAVE US BECAUSE I'M NOT SITTING HERE ASKING FOR THIS COMMISSION TO TERMINATE SERVICES OF OUR CURRENT CITY ATTORNEY. I'M ASKING FOR A PROCESS TO GO THROUGH. HOPEFULLY, WE WILL NOT HAVE TO HAVE THE FIRE DRILL OF HAVING TO TAKEOVER EVERYBODY'S HOLIDAYS OVER THE NEXT MONTH. WE'RE ACTUALLY EVEN LESS THAN THAT IF WE ARE TO LOSE OUR CURRENT CITY ATTORNEY. BECAUSE AGAIN, I'M NOT ASKING FOR OUR COMMISSION TO DO THAT. I SEE THAT COMMISSIONER VILLALOBOS HAS A QUESTION AND I WILL OPEN IT UP TO QUESTIONS AND THEN GO FROM THERE. COMMISSIONER VILLALOBOS. >> THANK YOU, MAYOR. I JUST WANT TO SHARE A COMMENT AND WELL, I DON'T DISAGREE WITH YOU. I BELIEVE THAT THROUGH THIS PROCESS SHOULD NOT BE LIKE THE LAST PROCESS THAT WE HAD WHERE WE HAD THREE FIRMS THAT WERE COMMINGLING SERVICES TO ONE ANOTHER AND WE NEED TO BE VERY CAREFUL THAT WHEN WE CHOOSE SOMEONE THAT WE'RE NOT INTERVIEWING FIVE FIRMS, AND THEN COME TO FIND OUT THAT THEY ALL WORK FOR EACH OTHER. BECAUSE IT'S A VERY MANIPULATIVE PROCESS, THE COMMISSION MEMBERS CAN CONTROL THE CITY ATTORNEY, WHICH CAN REALLY TRANSFORM THE CITY. THEY CONTROL THE CITY MANAGER, WHICH WILL REALLY TRANSFORM THE CITY AND WE NEED TO BE REALLY CAREFUL THAT WE ARE CHOOSING THE RIGHT CITY ATTORNEY, THE RIGHT CITY MANAGER, EVERY SINGLE TIME AND DO OUR DUE DILIGENCE. THERE WAS A LACK OF DUE DILIGENCE IN THE LAST PROCESS BY A FEW MEMBERS OF THIS COMMISSION. I JUST WANT TO PUT THAT FOR THE RECORD THAT THIS TIME AROUND, EVERYBODY WILL BE SCRUTINIZED. >> ALSO ONE OF THE THINGS I HEAR FOR PUTTING INTO THE LETTERS OF REQUESTS, POSSIBLY A DISCLOSURE PAGE THAT WOULD BE REQUIRED BY THE APPLICANTS TO DISCLOSE WHO THEY HAVE RELATIONSHIPS WITH ON THE DAIS AND THROUGH WHICH MECHANISM OR MANNER. LIKE FOR EXAMPLE, ONE OF THEM I MIGHT HAVE KNOWN FROM DOING REAL ESTATE AS AN EXAMPLE. THEY WOULD HAVE TO SAY THAT I KNOW MAYOR GOMEZ THROUGH HER LAW FIRM, SO I'M JUST CURIOUS [INAUDIBLE] AS I HAVE DONE CLOSINGS WITH THEM, BUT REALISTICALLY, ANYBODY WHO'S COMING FORWARD IN THE CLOSING IS PROBABLY NOT COMING HERE BECAUSE THEY DO MUNICIPAL WORK. BUT ANYWAYS, BAD EXAMPLE, BUT THAT WAS WHERE I WAS GOING WITH IT BECAUSE DO FORGIVE ME, IT IS AFTER MIDNIGHT [LAUGHTER] JUST RUNNING ON EMPTY AND ONLY SO MUCH SUGAR A PERSON CAN INHALE. BUT I WOULD SAY IF WE WOULD ADD THAT AND I'M LOOKING TOWARDS OUR PROCUREMENT DIRECTOR, OUR CONTRACTS DIRECTOR, AND FORGIVE ME FOR NOT HAVING YOUR TITLE RIGHT KEITH, AS I ALWAYS SCREW IT UP. KEITH GLATZ AND I CAN FIND YOU OVER HERE. >> KEITH GLATZ HERE, PURCHASING AND CONTRACTS MANAGER. IF YOU WANT TO MAKE IT A DIRECTOR. [LAUGHTER] >> I DON'T HAVE THAT. AS I MENTIONED, WE ONLY HAVE POWER OVER CITY MANAGER AND CITY ATTORNEY. I CAN'T SAY TO YOU, I HEREBY DUB YOU DIRECTOR. [OVERLAPPING] >> JUST KIDDING. >> ANYWAY, GOT TO HAVE SENSE OF HUMOR. IT'S AFTER MIDNIGHT. IF THAT IS SOMETHING THAT THIS COMMISSION WISHES IF WE'RE TO GO FORWARD WITH LETTERS OF INTEREST FOR THE CITY ATTORNEY SERVICES, THAT IS AN ITEM THAT WE CAN INCORPORATE IN HERE FOR FULL DISCLOSURE FROM ALL MEMBERS WHO WILL BE ON THE LIST FOR PROVIDING US WORK AS I'M LOOKING IN MY HEAD THAT YOU GUYS CAN SEE. >> BUT ALSO WHAT THEY DO AND WHO THEY WORK WITH AS WELL. [04:35:04] >> BUT WE CAN ASK FOR A DETAILED PROCUREMENT PROCESS OR DETAILED DISCLOSURE PROCESS. >> WE'RE ALREADY ASKING FOR CONFLICT OF INTEREST IS JUST AN EXPANSION OF SOMETHING WE ALREADY ASKED FOR ANYWAY. WE COULD CERTAINLY DO THAT. JUST ASKING [OVERLAPPING] CAN YOU PROVIDE DETAIL IN YOUR NARRATIVE RESPONSE? CAN YOU PROVIDE DETAILS ON YOUR EXPERIENCES OR INTERACTIONS WITH EXISTING MEMBERS OF THE CITY COMMISSION? IT'S AS SIMPLE AS THAT. >> THEN FOR ANYTHING FURTHER, WE CAN ALWAYS ASK MORE DETAILS DURING OUR INTERVIEW PROCESS FOR THAT. COMMISSIONER VILLALOBOS, ANYTHING FURTHER ON THAT ONE? COMMISSIONER DANIEL. >> I WAS SAYING 10, ACCESS TO THE MANAGER ABOUT THIS, SO FORGIVE ME FOR BEING REPETITIVE. TEN A AND 10B ARE ALIKE. CAN WE JUST COMBINE THEM SINCE 10B ALSO INCLUDES, AND THIS IS AFTER 12, SINCE 10B ALSO INCLUDES BOTH POSITIONS? >> IF WE FINISHED 10A AND IT HAPPENS TO HAVE OVERLAPPED WITH WHATEVER COMMISSIONER, VICE MAYOR BOLTON IS WISHING TO DO WITH 10B BECAUSE THERE'S NOT ANY BACKGROUND IN HIS ITEM IS JUST A STATEMENT, THEN IF IT WINDS UP BEING THAT 10A IS ALREADY TAKEN CARE OF, THEN [OVERLAPPING] >> SINCE WE KNOW WHAT 10A IS, SHOULDN'T WE GO TO 10B? >> WE'RE GOING TO FOLLOW THE PROTOCOLS ON THE AGENDA FOR RIGHT NOW. WE CAN GO TO IT THOUGH. [OVERLAPPING] >> WHAT IS THE PROTOCOL? I'M SORRY. >> ITEMS ON THE AGENDA ARE GOING IN THE LIST ON WHICH THEY ARE. [OVERLAPPING] >> EVEN IF IT'S THE SAME THING, WE'RE JUST GOING TO DO WITH IT? [OVERLAPPING] >> WELL, IF HIS ITEM IS THE SAME THING, HE'LL MAKE HIS COMMENTS IN THE PROCESS REGARDING THIS PARTICULAR ITEM BECAUSE HE JUST SAYS CONSTITUTIONAL OFFICERS. HIS COMMENTS WILL TAKE CARE OF THAT AND IF THERE'S MORE FURTHER, WE WILL GO THROUGH 10B. >> OKAY. >> FOR ANY PURPOSES FOR YOUR CONCERNS ON. [OVERLAPPING] >> WELL, I WOULD RATHER KNOW EVERYTHING BEFORE MAKING A DECISION. >> WELL, WE'RE TALKING ABOUT CONSTITUTIONAL OFFICER, WHICH IS THE CITY ATTORNEY. THAT'S THE SPECIFIC ONE THAT I'M ON. VICE MAYOR BOLTON CAN MAKE ANY COMMENTS HE WANTS TO REGARDING THAT. BUT IT'S FOR YOU IF YOU DON'T WISH TO SPEAK NEXT ON IT, THEN VICE MAYOR, YOU ARE UP. IF YOU HAVE ANY COMMENTS TO MAKE ON LETTERS OF INTEREST IN DEALING WITH THE CONSTITUTIONAL OFFICE OF CITY ATTORNEY. >> THANK YOU, MAYOR. I THINK THAT YOUR ITEM PREEMPTS MY ITEM AND TO THE EXTENT THAT YOU WANT TO ASK FOR LETTERS OF INTEREST CAN GO THROUGH A PROCESS AND ALL THAT STUFF. I'M NOT FOR THAT. I THINK THAT I'VE GONE THROUGH THAT PROCESS BEFORE. IT IS NOT A PROCESS THAT I WOULD WISH ON MY WORST ENEMY. I THINK THAT HIRING A CITY ATTORNEY, HIRING A CITY MANAGER IS OUR PROCESS. IT IS UP TO THE CITY COMMISSION TO DECIDE WHAT PROCESS WE TAKE, AND WE CAN TAKE ACTION AT ANY TIME BECAUSE THOSE ARE THE PEOPLE THAT WE HIRE. TO DR. DANIEL'S POINT, I THINK THAT THE WAY HOW WE DISPOSE OF THIS ITEM IS MAYBE NOT GET CONSENSUS FOR WHAT YOU'RE ASKING AND THEN I'LL MOVE ON TO MY ITEM. THAT WOULD BE SOMETHING THAT I WOULD SUGGEST. >> COMMISSIONER, VICE MAYOR BOLTON, YOUR POWER PLAY RIGHT NOW IS REALLY NOT APPRECIATED, CONSIDERING ALSO THE LETTERS OF INTEREST THAT WERE THE PROCESS. THIS PROCESS WAS ACTUALLY WHAT YOU AND FORMER VICE MAYOR GELIN CREATED FOR THE PROCESS WHEN WE SELECTED PONS AND THEN EVENTUALLY TO OUR CURRENT CITY ATTORNEY. FOR THE FACT THAT YOU DON'T LIKE THE PROCESS, THIS IS A PROCESS THAT WAS AGREED TO BY THAT COMMISSION AND SPEARHEADED BY BOTH OF YOU AT THAT TIME, WHEN ORIGINALLY WE HAD OTHER REQUESTS FOR PROPOSAL WHICH WAS MORE STRINGENT. THE FACT OF THE MATTER IS NONE OF THE FIVE OF US UP HERE ARE HUMAN RESOURCES PROFESSIONALS, AND THERE IS A GUIDELINE IN A WAY THAT WE SHOULD BE DOING THINGS AND IT ACTUALLY IS IN OUR CODE, HAVING TO GO OUT, PUBLISH IT, NOTICE IT, AND PUT IT ON BIDS AND TENDERS IN ORDER TO BE ABLE TO GET PEOPLE TO WANT TO PROPOSE THAT THEY WANT TO BE OUR ATTORNEY. [04:40:02] PART OF THE PROBLEM THAT WE HAD IN THE PAST WAS THAT WE HAD IN ONE BREATH, WE WERE DOING INTERIM, AND SAYING THAT IF YOU ARE PERMANENT, YOU COULD NOT BE THE ACTUAL CITY ATTORNEY. WE AS THE PROCESS IN THAT PROCESS CREATED A PROBLEM AND MADE IT WHERE IT WAS NOT ACTUALLY APPEALING TO WANT TO EVEN THINK ABOUT REPRESENTING US. I'M GRATEFUL THAT JOHN AND HIS FIRM DECIDED THAT THEY WOULD TAKE A CHANCE AND JUMP IN. BUT WE DID NOT DO OUR CITY OR OURSELVES A SERVICE BY THE MESS OF THE PROCESS WE PUT IN THE PAST. THIS PROCESS, WHICH IS A REASON WHY MY REQUESTS ARE THROUGH LETTERS OF INTEREST ARE BASICALLY FOR NOT AN INTERIM, BUT FOR THE CITY ATTORNEY'S SERVICES. THIS WAY THE PROCESS WOULD BE A LITTLE LESS CHAOTIC. IN MY OPINION, WE ALL KNOW PEOPLE AND I DON'T THINK IT IS APPROPRIATE FOR ME TO SAY, HEY, YOU HAVE THIS LAW FIRM, I WANT TO HIRE YOU. I KNOW NOBODY ELSE KNOWS A THING ABOUT YOU, BUT LET'S JUST BRING YOU UP HERE AND HIRE YOU FOR OUR CITY ATTORNEY. THAT DOESN'T WORK. THERE HAS TO BE A FORMULAIC PROCESS TO GET THINGS TO INTERVIEW PEOPLE IF THEY'RE GOING TO BE ONE OF OUR CONSTITUTIONAL OFFICERS. THIS HAS BEEN WHAT HAS WORKED WITH MODIFICATION TO WHAT OUR END PROCESS WAS. COMMISSIONER BOLTON WITHOUT TRYING TO STRONG-ARM THE ITEM BACK TO BEING YOUR COURSE OF ACTION, WHAT PROPOSAL ARE YOU THINKING FOR DOING THIS? IF YOU'RE NOT THINKING OF ANYTHING, THEN I GO BACK TO EITHER COMMISSIONER DANIEL OR COMMISSIONER WRIGHT FOR ANY COMMENTARY ON WHETHER OR NOT YOU HAVE ANY DESIRE TO GO OUT FOR CITY ATTORNEY SERVICES. >> IS THAT DOWN THE LINE QUESTION OR? >> NO. I ASKED YOU IF YOU ARE GOING TO SHARE WITH US YOUR IDEA FOR WHEN IT COMES SPECIFICALLY TO THE CITY ATTORNEY. >> UNDER THIS ITEM, I DO NOT WANT TO ASK FOR LETTERS OF INTEREST FOR LEGAL SERVICES FOR THE CITY OF TAMARAC. >> WHAT WOULD BE YOUR WAY OF DETERMINING? ARE YOU SAYING YOU DO NOT WISH TO GO OUT FOR ANY KIND OF BID FOR THE CITY ATTORNEY SERVICES AT ALL. ARE YOU SAYING YOU WERE FINE WITH CITY SERVICES AS THEY ARE. >> WE ARE DISCUSSING YOUR ITEM AND- >> COMMISSIONER BOLTON, DON'T PLAY GAMES. PLEASE ANSWER THE QUESTION. >> -MAYOR, I'M TRYING TO BE RESPECTFUL. UNDER YOUR ITEM, I DO NOT FEEL THAT I WANT TO GO FORWARD WITH WHAT YOU'RE ASKING FOR. >> I UNDERSTAND THAT MY ITEM IS A DISCUSSION, AND I'M ASKING YOU IF LETTERS OF INTERESTS IN GENERAL, IT'S PART OF THE DISCUSSION. ARE YOU SAYING YOU DON'T WISH TO GO OUT FOR ANY CHANGE IN SERVICES IN THE LEGAL CAPACITY? >> I DON'T WISH TO. YOUR ITEM IS VERY SPECIFIC. DISCUSSION, A POSSIBLE ACTION TO SEEK LETTERS OF INTERESTS FOR LEGAL SERVICES OF THE CITY OF TAMARAC. THAT IS WHAT YOU'RE ASKING US TO DO. IT DOES NOT MENTION OR ANY OF A PROCESS. >> COMMISSIONER, IT SAYS, "DISCUSSION," DO NOT PARSE THE WORDS. IT SAYS DISCUSSION, AND IT'S REGARDING LEGAL SERVICES. INSTEAD OF PLAYING GAMES AND KEEPING US HERE EVEN LATER, I TAKE IT THAT YOUR ANSWERS TO YOUR QUESTION, IS YOU DO WISH TO DISCUSS FURTHER ABOUT THE PROCESS FOR LEGAL SERVICES. YOU ARE NOT SAYING, YOU DON'T WISH TO DISCUSS THE PROCESS FOR LEGAL SERVICES. >> I'M SAYING THAT IF YOU'RE ASKING FOR CONSENSUS AND YOU'RE ASKING ME TO GO FORWARD UNDER THIS ITEM, MY ANSWER WOULD BE, NO. >> VICE MAYOR, MY QUESTION WAS VERY SPECIFIC. IT WAS NOT WHAT YOU WANT TO ANSWER, IT'S THE QUESTION I ASKED YOU TO ANSWER. SEEING THAT YOU CAN'T ANSWER THE QUESTION, THE ANSWER IS, YOU DO WISH TO CONTINUE A DISCUSSION REGARDING GOING FOR ALPHA LEGAL SERVICES IN SOME FORM OF FASHION. YOU ARE NOT ASKING TO KEEP LEGAL SERVICES AS THEY ARE. >> MADAM MAYOR, YOUR ITEM IS ASKING FOR A POSSIBLE ACTION TO SEEK LETTERS OF INTEREST. THAT IS YOUR ITEM. >> I KNOW WHAT MY ITEM IS. >> THIS IS HOW YOU WORDED IT. YOU'RE ASKING FOR ACTION TO SEEK LETTERS OF INTEREST. WE CANNOT THEN CHANGE COURSE. MAYOR, MAY I FINISH? >> NO. >> OKAY. >> AT THIS POINT IN TIME, [04:45:01] YOU HAVE ANSWERED THE QUESTION THE WAY YOU WISH TO ANSWER THE QUESTION. YOU WANT US TO ROLL IT AROUND THE WAY YOU WANT IT TO ROLL IT AROUND. IT IS FOR A DISCUSSION, IF THERE'S INTEREST BY THIS NEW COMMISSION REGARDING LEGAL SERVICES. IT'S NOT HARD. THIS ISN'T ROCKET SCIENCE, THIS ISN'T A POWER PLAY. WE HAVE LEGAL SERVICES ON THE AGENDA. IS THERE A DESIRE TO KEEP LEGAL SERVICES WHERE THEY ARE? IS THERE A DESIRE TO GO OUT FOR BID? WE HAVE TO FOLLOW PROCUREMENT PROCESS. PLAIN AND SIMPLE. >> MADAM MAYOR, WE DON'T HAVE TO DO ANYTHING. >> WE DON'T HAVE TO DO ANYTHING, WE CAN LEAVE IT ALONE AND NOT DISCUSS IT AT ALL. >> MAYOR, THIS IS OUR PROCESS. HIRING A CITY ATTORNEY OR HIRING A CITY MANAGER IS OUR PROCESS. WE CAN DO IT HOWEVER WE WANT. WE DON'T HAVE TO GO OUT FOR LETTERS OF INTERESTS. WE DON'T HAVE TO ASK FOR REQUESTS FOR PROPOSALS. WE DON'T HAVE TO DO ANY OF THAT. OUR PROCESSES ARE A PROCESS, AND WE DETERMINE WHAT OUR PROCESS IS IF WE DON'T WANT TO SEEK LETTERS OF INTERESTS FOR LEGAL SERVICES. YOUR QUESTION IS VERY NARROW, AND THAT IS WHAT YOU'RE ASKING AND THAT IS WHAT I'M SAYING. >> MY QUESTION TO YOU VICE MAYOR WAS, WHAT IS YOUR DESIRED PROCESS IF YOU WERE HAVING A PROCESS? IT WAS OPENING A DISCUSSION, HENCE THE FIRST WORD IN THIS AND IN SEVERAL PLACES. IT IS A DISCUSSION REGARDING LEGAL SERVICES. DO YOU HAVE A PROCESS THAT YOU WISH TO DO? IF SO, DISCUSS IT, PLEASE. >> ABSOLUTELY. MADAM MAYOR. >> OH MY GOD. >> I HAVE A PROCESS THAT I WOULD LIKE TO DISCUSS UNDER ITEM 10B, NOT UNDER YOUR ITEM OF 10A. >> THE POWER CONTROL THAT YOU'RE TRYING TO DO VICE MAYOR, YOU HAVE PROVEN EXACTLY WHAT WE'VE ASKED NOT TO BE DONE ON THIS COMMISSION. YOU HAVE PROMISED, YOUR PROMISE IS ALREADY FALLEN ON DEAF EARS BECAUSE YOU CANNOT SEEM TO WORK IN ACCORDANCE WITH, IT HAS TO ONLY BE YOUR WAY AND IT HAS TO BE JUST THE WAY YOU WANT IT, VERSUS THE TOPIC AT HAND. THE TOPIC AT HAND IS LEGAL SERVICES, AND YOU JUST WANT IT TO BE, YOU'RE NOT WILLING TO HAVE THE DISCUSSION, WHICH WILL COME CIRCLING BACK AROUND. CONTRACTS DIRECTOR, PROCUREMENT. NOT DIRECTOR, MANAGER. >> WE'LL WORK AROUND IT. [OVERLAPPING] >> WE'LL WORK AROUND IT. >> WE'LL GET TO IT SOMEHOW. >> MR. GLUTH? >> YES, MA'AM. >> OUR STATUTES. >> OUR CODE? >> OUR CODE REQUIRES. >> WELL, MAY I EXPLAIN OUR CODE? >> PLEASE. >> OUR CODE ACTUALLY EXEMPTS LEGAL SERVICES AS A PROFESSIONAL SERVICE. WELL, IF IT'S EXEMPTED FROM THE CODE, AND I THINK WE DISCUSSED THAT, YOU HAVE THE ABILITY TO MAKE YOUR OWN PROCESS. >> BUT THERE'S ALSO ITEMS IN THE CODE THAT, AND I APOLOGIZE, I THOUGHT I HAD IT IN MY BACKUP HERE AND I TOOK IT ALL OUT TO MAKE IT EASIER TO CARRY, THERE IS WORDING IN THERE ABOUT ONE GOING OUT FOR A BID OR GOING OUT FOR SERVICES THAT WE STILL HAD TO FOLLOW. ARE YOU SAYING WE DON'T NEED TO FOLLOW? >> NO. I HOPE IT'S NOT. I'M COMFORTABLE WITH THAT, BUT I SEE YOU'RE TRYING TO PULL IT BACK. IF SOMETHING IS EXACTLY EXEMPT FROM THE CODE, I WOULD SAY THAT THE PROCESSES IN THE CODE ARE NOT NECESSARILY REQUIRED TO BE FOLLOWED. IT'S PHYSICALLY EXEMPTED FROM THE CODE. >> THEN WHAT WAS THE PURPOSE [INAUDIBLE] [OVERLAPPING]? >> THERE'S A VERY GOOD PURPOSE. WE SOUGHT TO TRY TO FIND A COMPETITIVE PROCESS, TO TRY TO FIND COMPETITION. OUR PROCESS IS AN ESTABLISHED PROCESS TO FIND COMPETITION IN THE MARKETPLACE. I BELIEVE WE'RE LOOKING AT IT MORE AS A BEST PRACTICE AT THE TIME. >> BASICALLY SOMETHING THAT WOULD ALLOW PEOPLE FROM ALL OVER TO BE ABLE TO ACCESS THE INFORMATION AND ALSO PROVIDE THE INFORMATION IN AN ORGANIZED MANNER, BECAUSE SOMEBODY NEEDS TO PROCESS THIS. INFORMATION THAT COMES BACK IN, DOESN'T COME TO OUR OFFICE TO DIGEST IT, PROCESS IT, PACKAGE IT, BACKGROUND CHECK IT, OR IS THAT ALL ON US IF WE DON'T GO THROUGH THIS PROCESS? >> AGAIN, IT IS YOUR PROCESS. [04:50:02] YOU CAN DO WITH IT WHATEVER YOU WANT TO DO WITH IT IN THAT PARTICULAR CASE. YOU HAVE THE PREROGATIVE. >> WE HAVE THAT PREROGATIVE. AGAIN, COMMISSIONER BOLTON, SINCE YOUR ARROGANCE IS SO EXORBITANT, LET'S FINALLY JUST GO TO YOURS IF IT'LL MAKE YOU HAPPY. LET'S JUST MOVE THIS ON. THE PURPOSE OF THIS COMMISSION IS TO GET THE CITY'S WORK DONE, AND THE CITY'S WORK DONE IS A DISCUSSION RIGHT NOW, OF OUR LEGAL SERVICES OR CONSTITUTIONAL OFFICERS AS YOU HAVE IT. WHAT IS YOUR DISCUSSION? YOU HAVE NOTHING IN HERE TO SHARE WITH US, SO SHARE WITH US. >> ARE WE FINISHED WITH ITEM 10A? >> OH, FOR GOD'S SAKES. >>ARE WE OR ARE WE NOT? WE'RE GOING TO 10B? >> COMMISSIONER VILLALOBOS. >> I'M JUST IN THE UNDERSTANDING THAT YOUR QUESTION TO EACH MEMBER OF THIS COMMISSION IS, WHETHER WE WANT TO SEND OUT LETTERS OF INTENT OR NOT? >> ARE WE LOOKING TO HAVE LETTERS OF INTENT OR ARE WE LOOKING TO MAKE ANY POTENTIAL CHANGES IN OUR LEGAL SERVICES FOR THE CITY OF TAMARAC? >> IT'S A YES OR NO QUESTION? >> YES. IF SO, IT'S THEN THE PROCESS PUT FORTH WOULD BE LETTERS OF INTEREST WAS THE PROPOSED PROCESS TO START THE DISCUSSION. >> MY ANSWER TO THAT WOULD BE, YES. >> YES, FOR GOING FORTH TO? >> OUR PROCESS WITH LETTERS OF INTENT. >> COMMISSIONER WRIGHT, DO YOU HAVE ANY COMMENTS OR QUESTIONS? WHAT WOULD BE YOUR THOUGHTS? >> I WANTED TO CHANGE THE SUBJECT >> MY PROCESS WOULD HAVE BEEN NO. >> OKAY. COMMISSIONER DANIEL'S YIELDS. >> BASED ON WHAT I'M SORRY TO DIRECT HER MANAGER SAID, I WOULD SAY NO BECAUSE THEN WE CAN MAKE OUR OWN DECISION. >> THIS PROCESS HERE JUST SO YOU KNOW, IS US MAKING A DECISION [OVERLAPPING] IT WAS A STARTING POINT. I'M SPEAKING [OVERLAPPING] COMMISSIONER BOLTON, VICE MAYOR, RESPECT THE PROCESS THAT WAS PUT FORTH WAS A STARTING BECAUSE WE HAVE NO CHANCE TO TALK AND TO HAVE AN IDEA OF WHERE STARTING POINT WAS AND HOW THE PROCESS WOULD WORK. I KNOW YOU'RE HEAD IS ABOUT TO EXPLODE. THEY'RE GOOD CANDY AT THIS POINT IN TIME. WE WILL NOW MOVE TO B. [10.b Discussion and possible motion to take action on the City's Charter positions] COMMISSIONER BOLTON YOU HAVE A GENERIC ITEM OF DISCUSSION AND POSSIBLE MOTION TO TAKE ACTION ON THE CITY'S CHARTER POSITIONS. PLEASE ELABORATE. >> THANK YOU, MAYOR FIRSTLY, WE HAVE TO TAKE SUBSTANTIVE ACTION UNDER THIS ITEM. AS I SAID AT THE START OF THE MEETING, THAT I WANTED TO MOVE ITEMS OF 10B, C, AND D, TO ITEMS 5. BUT WE AGREED TO DISCUSS UNDER THIS SECTION, UNDERSTANDING THAT WE WILL TAKE SUBSTANTIVE ACTIONS. >> YOU WOULD LIKE TO TAKE SUBSTANTIVE ACTION DOES NOT MEAN THAT THERE WILL BE CONSENSUS TO TAKE SUBSTANTIVE ACTION. IF THERE IS CONSENSUS TO TAKE SUBSTANTIVE ACTION, YOU WILL TAKE SUBSTANTIVE ACTION. >> OKAY. >> YOU JUST PROCEED WITH YOUR ITEM. >> DO I ASK FOR CONSENSUS NOW OR DO I ASK FOR CONSENSUS AFTER? >> IT WOULD BE NICE IF YOU WOULD ACTUALLY PROVIDE US WITH WHAT THE ITEM IS BEFORE YOU WANT US TO MAKE A MOTION AND A SECOND AND WE HAVE NO IDEA WHAT YOUR SUBSTANTIVE ITEM OTHER THAN A GENERIC DISCUSSION OF POSSIBLE DISCUSSION AND POSSIBLE MOTION TO TAKE ACTION ON THE CITY'S CHARTER POSITION. THAT IS VERY NEBULOUS. WOULD YOU PLEASE PROVIDE MORE? >> GOT IT. THANK YOU, MAYOR. AS KEITH GLATZ SAID, THIS IS OUR PROCESS. WE CAN CREATE OUR OWN PROCESS. WE CAN CHOOSE TO HIRE A CITY ATTORNEY, A CITY MANAGER AT ANY POINT. WE HAVE SEEN IT HAPPEN BEFORE. WHEN THE CITY ATTORNEY WAS BEING HIRED, HE WAS HIRED LATE AT NIGHT, NEXT MORNING HE WAS HERE. THE LAW FIRM OF FOX ROTHSCHILD, LLP WAS NAMED CITY ATTORNEY FOR TAMARAC IN MAY 2021. JUST TO GIVE SOME BACKGROUND ON THIS, FOX ROTHSCHILD REPLACED, OTTINOT LAW, WHICH HAD PREVIOUSLY BEEN APPOINTED INTERIM CITY ATTORNEY IN DECEMBER 2020, AND APPOINTED AS PERMANENT TO THE ATTORNEY A FEW MONTHS LATER. DURING THAT SHORT TIME, ALTERNATE LAW UNDER THE DIRECTION OF ATTORNEYS HANS OTTINOT AND PAMELA RYAN HELPED TO TRANSFORM HOW BUSINESS [04:55:06] WAS DONE IN THE CITY OF TAMARAC BY PUTTING RESPONSIBILITY WHERE IT SHOULD BE WITH THE COMMISSION AND ULTIMATELY WITH THE RESIDENTS. PERSONALLY, I DID NOT SEE HOW CLEARLY THE FIRM WAS COMMITTED TO THE GOAL UNTIL THE FIRM WAS GONE. I KNOW THAT I WAS ONE OF THE FOUR ELECTED OFFICIALS TO REMOVE OTTINOT LAW AND HIRE JOHN HERRON OF FOX ROTHSCHILD. I THOUGHT JOHN HERRON WAS MORE THAN CAPABLE TO HANDLE THE ROLE AND I DIDN'T GIVE OTTINOT LAW THE SAME COURTESY. WE HAVE AN OPPORTUNITY TONIGHT TO CORRECT THAT MISTAKE BECAUSE OTTINOT LAW WAS PROVIDING TOP-NOTCH LEGAL SERVICES TO THE CITY AND THE FIRM WAS VERY RESPONSIVE TO THE CITY'S NEEDS. RECENTLY I REVIEWED OR REVISITED, THE FIRMS. >> MAY I HAVE A POINT OF ORDER? >> COMMISSIONER VILLALOBOS. >> WE DID NOT HAVE ANY OF THIS INFORMATION BEFORE AND WE SAID THAT WE WOULD PROVIDE BACKUP WHENEVER WE PLACE AN ITEM UNDER OTHER. THERE IS INFORMATION BEING PROVIDED THAT IS INACCURATE, THAT IS BEING MANIPULATED. NONE OF US HAVE THAT INFORMATION IN FRONT OF US. I DON'T APPRECIATE THAT. WORDS ARE BEING SLURRED AND I DON'T UNDERSTAND HOW WE CAN PROCEED WITH THIS SPECIFIC ITEM HAVING NOT HAD ANY BACKUP. WHEN WE SPECIFICALLY SAID THAT WE WILL PROVIDE BACKUP AND IF BACKUP IS NOT PROVIDED, THAT ITEM WILL NOT MOVE FORWARD. >> ESPECIALLY IF THERE WAS SOMETHING THAT WAS SUBSTANTIVE TO BE [OVERLAPPING] VOTED ON AND MOVED INTO A MOTION TO JUST HAVE SOMEBODY WHOSE OPINION BEING THROWN OUT WITHOUT ANY BACKUP FOR ANYTHING TO EVEN KNOW AND TO BE HELD AS TRUTH. THERE IS A PROBLEM WITH THIS ITEM BEING ON THE AGENDA AS SUCH AND THEN TO BE PUT ON IS TO BE THOUGHT OF IT'S GOING TO BE A SUBSTANTIVE ITEM. THERE IS NO DETAIL HERE, AND WE DO HAVE TWO NEW COMMISSIONERS WHO MAY NOT BE FULLY VERSED IN THE BACKGROUND OF WHAT HAD HAPPENED VERSUS BEING PUT ON THE RECORD AS FACTS. CITY MANAGER, I HAVE PROBLEMS AS WELL WITH THIS ITEM BEING DISCUSSED IN THIS MANNER, AND IT NEVER SHOULD HAVE BEEN ON THE AGENDA. VICE MAYOR BOLTON HAS BEEN HERE LONG ENOUGH AND IS QUITE AWARE THAT IF HE WISHED TO HAVE MORE INFORMATION TO GIVE US AN EDUCATED IDEA OF WHERE HE WAS GOING AND WHAT HE WANTED US TO LOOK INTO SO WE CAN ACTUALLY DO OUR OWN DILIGENCE FOR WHAT HE THOUGHT. HE SHOULD HAVE PUT IT IN THE BACKUP SIX DAYS BEFOREHAND. THIS IS NOT AN ITEM PROPERLY ON THE AGENDA. CITY MANAGER HAS THE FLOOR. >> I WOULD JUST SAY THAT THE ITEM HAS SUBMITTED CHECKED OFF THAT THERE WERE NO ADDITIONAL MATERIALS OR ATTACHMENTS BEING PROVIDED FOR THIS ITEMS. THAT WAS THE INFORMATION THAT WAS PROVIDED TO US. THERE'S TWO OPTIONS AT THE BOTTOM OF THIS LIST. ONE THAT SAYS THAT IT'S BEEN PROVIDED AND THE OTHER SAYS THAT THERE'S NO ADDITIONAL. >> THEREFORE, THIS ITEM SHOULD NOT BE MOVING FORWARD CONSIDERING THERE'S NEW INFORMATION BEING PROVIDED TO US AT THIS CURRENT MOMENT AFTER IT WAS CHECKED OFF OR THERE'S NO BACKUP. >> CITY ATTORNEY. IN THE PAST CITY ATTORNEY, WHEN WE'VE HAD THIS PROBLEM, WHEN PEOPLE WHO HAVE SUBMITTED AN ITEM FOR THE AGENDA WITHOUT BACKUP, WHEN THERE ACTUALLY IS ITEMS FOR DISCUSSION AND FOR REVIEW WHERE THERE SHOULD BE FOR US TO BE ABLE TO MAKE EDUCATED DECISIONS AND HAVE A DISCUSSION. WE HAVE PULLED THAT ITEM FROM BEING REVIEWED. >> THAT IS CORRECT THAT THE MAJORITY OF THE CITY COMMISSION VOTED TO NOT MOVE FORWARD WITH SOME OF THOSE ITEMS. AGAIN, IT'S UP TO THIS COMMISSION TO HOW YOU WISH TO PROCEED. >> I WOULD LIKE TO CONTINUE MY COMMENTARY. >> COMMISSIONER BOLTON, DO YOU HAVE ANY BACKUP TO PROVIDE? >> MADAM MAYOR, I'LL FINISH MY COMMENTARY AND GIVE FURTHER DETAILS AS TO WHAT THIS IS ABOUT. RECENTLY, I REVISITED THE FIRM'S ACCOMPLISHMENTS IN TAMARAC AND HAVE OUTLINED MANY OF THEM ARE AND I WILL DO SO RIGHT NOW. OTTINOT LAW DRAFTED LEGISLATION TO REAFFIRM THE POWERS OF [OVERLAPPING] >> I HAVE A POINT OF ORDER, CITY MANAGER CITY ATTORNEY, WE ARE GOING TO BE TALKED TO ABOUT WHO WE SHOULD BE DECIDING WHO TO VOTE FOR. I DON'T KNOW ABOUT YOU ON THIS COMMISSION, BUT THAT'S NOT A BELIEVED THE JOB HERE. YOU MAY HAVE YOUR OPINION ON WHO YOU WANT A HIRE, THEN YOU SHOULD PUT IT IN A NATURAL PROCESS FOR ALL OF US TO KNOW VERSUS SITTING HERE AND READING TO US ANYTHING YOU WISH FOR US TO UNDERSTAND AND LET US DO OUR DUE DILIGENCE AND OUR HOMEWORK. [05:00:02] I DO NOT LIKE THE IDEA THAT ONE PERSON ON THIS DAY IS GOING TO CIRCUMVENT EVERYBODY'S ABILITY AND PROCESSES TO ADD A FAIR AND ADEQUATE DISCUSSION REGARDING WHETHER OR NOT WE WILL GO OUT FOR LEGAL SERVICES. KEEPING THE COMMISSIONER DANIEL. >> WASN'T THAT THE SAME FIRM SAW THAT YOU AND COMMISSIONER NEXT YEAR, ELVIN WOULD HAVE ALREADY KNOWN BECAUSE IT WORKED FOR THE CITY BEFORE? >> COMMISSIONER DANIEL WELL, YES. THAT'S PART OF THE PROBLEM. THAT'S WHY THEY'RE NO LONGER HERE AND SO YOU'RE BEING PROVIDED WITH ONLY PARTIAL INFORMATION IN FOR A DISCUSSION SUCH AS THIS. THERE REALLY SHOULD BE MORE OUT THERE. THERE ARE OTHER PEOPLE WHO WISH TO APPLY FOR THE CITY ATTORNEY'S ROLE. ARE WE GOING TO SHUT THEM OUT BECAUSE- [OVERLAPPING] >> NO. >> WHY ARE WE REVIEWING ONE- [OVERLAPPING] >> I'M SAYING THAT THERE IS SOME KNOWLEDGE OF IT. AS A RESIDENT, I THOUGHT AT THE TIME THAT HE WAS WRONG THAT THEY WERE WRONGFULLY FIRED. BUT AS A COMMISSIONER NOW, IT'S ALL RIGHT TO RELEASE CITY MANAGER OR THE CITY ATTORNEY AS WE SEE FIT, AS WE VOTE AGAINST OR FOR. BUT AS A RESIDENT, I DID THINK THAT HE WAS DOING A GOOD JOB AND HE WAS CALLING OUT THE MANAGER WHO THEN WAS ARRESTED AND THEN HE WAS FIRED. I THOUGHT THAT WAS [OVERLAPPING] >> COMMISSIONER, DANIEL, SEE, THAT'S PART OF THE PROBLEM WHEN YOU HAVE RUMOR AND INNUENDO AND NOT A FULL PICTURE OF WHAT WENT ON. >> NO, BASED ON THE MEETINGS THAT TOOK PLACE. I'M JUST SAYING IN [OVERLAPPING] THE BACKGROUND THAT I HAVE. >> BUT THAT'S WHAT I'M SAYING. YOU DON'T HAVE A FULL BACKGROUND. IN ORDER TO HAVE A DISCUSSION, I FREE VOLUNTARY WORKSHOP DISCUSSION, WE'RE NOT BEING GIVEN ANYTHING RIGHT NOW OTHER THAN THERE'S ONE PERSON WHO IS TELLING US ALL ABOUT HIS OPINION ON WHETHER OR NOT THIS PERSON WAS A GOOD ATTORNEY OR NOT? NOT WHETHER OR NOT THERE'S A PROCESS IN HERE FOR THE REST OF US TO DETERMINE WHETHER OR NOT. >> WOULD YOU AND ELVIN ALSO GIVE YOUR OPINION? >> THIS IS NOT THE FORUM FOR IT. >> OKAY. >> HOW WOULD I KNOW TONIGHT THAT I SHOULD BE PREPARED TO SAY WHY OR WHY NOT? I WOULD THINK HANS OTTINOT HIS LAW FIRM WOULD BE APPROPRIATE OR NOT APPROPRIATE. I'M NOT PREPARED BECAUSE WE DIDN'T GET ANY BACKUP. WE DID NOT GET AN IDEA OF WHAT WAS GOING TO BE DISCUSSED. ALL WE HAVE IS DISCUSSION AND POSSIBLE MOTION ON CHARTER OFFICERS. THAT'S ALL WE GOT. NORMALLY WHEN WE HAVE ITEMS FOR DISCUSSION, THEY GIVE US A LITTLE BIT MORE SO WE CAN READ IT AND REVIEW IT, SEE HOW BIG BOOK HERE OF STUFF. >> BUT BASED ON THE CITY MANAGER LETTING IT BE A PART OF THE AGENDA, I SAID I WASN'T GOING TO TALK TOO MUCH BECAUSE I'M NEW, EXCUSE ME FOR ASKING. >> NO, ASK. >> BERNADA IS A PART OF THE AGENDA. >> IT IS PART OF THE AGENDA BUT AT THE SAME TOKEN, THE COMMISSION HAS THE RIGHT TO NOT PROCEED IF THERE'S ITEMS IN IT BECAUSE THERE WAS NO BACKUP. BECAUSE IT PUTS THE REST OF US IN A TENUOUS POSITION TO MAKE A DECISION WITHOUT HAVING FULL ABILITY TO ASK STRONG QUESTIONS BEFOREHAND AND RESORT TO THEM. >> SO WE VOTE ON WHETHER WE THINK IT BELONGS ON THE AGENDA. WE VOTING ON THAT? >> WE COULD DO CONSENSUS. WHAT HAPPENED WAS WHEN WE STOPPED HAVING OUR WORKSHOPS BECAUSE OF COVID, WE THEN PUT ON OUR COMMISSION MEETINGS 10 AS BEING OUR WORKSHOP FOR DISCUSSION. BUT EVEN WORKSHOPS HAVE AGENDA ITEMS AND HAVE BACKUP IN IT FOR ABILITY FOR US TO KNOW WHERE WE'RE GOING AND START THE CONVERSATION. IF THERE IS CONSENSUS AFTER HAVING THAT BACKUP IN THAT CONVERSATION, IF WE WISH TO MOVE FORWARD, THEN THERE'S USUALLY CONSENSUS OR NOT CONSENSUS. THAT'S PART OF THE PROBLEM. >> MAYOR, I HAVE A POINT OF ORDER BECAUSE MY POINT OF ORDER GOT TWISTED HERE. COMMISSIONER DANIEL, WELL, MY POINT OF ORDER WAS THAT WHEN THE ITEM WAS SUBMITTED TO THE CITY MANAGER'S OFFICE, IT WAS CHECKED OFF, THERE'S NO BACKUP. WE'RE NOT GETTING ANY INFORMATION. WE'RE NOW AT THIS TIME OF DAY BEING GIVEN ALL THIS INFORMATION THAT NONE OF US COULD EVEN DISSEMINATE. WE CANNOT FACT-CHECK IT, WE CANNOT KNOW WHAT'S RIGHT WHAT'S WRONG, AND WE'RE JUST BEING TOLD ALL THIS INFORMATION THAT WAS NEVER PROVIDED. >> [OVERLAPPING] COMMISSIONER, MY POINT IS REALLY THAT WOULD BE COMMISSIONER WRIGHT AND MYSELF WHO WOULDN'T KNOW. WE ONLY KNOW BASED ON THE MEETINGS WE WATCHED AS A RESIDENT, CORRECT? [05:05:04] YOU WOULD HAVE BACKUP INFORMATION AND I DON'T EVEN KNOW WHAT WE'RE DISCUSSING RIGHT NOW. WE'RE JUST DISCUSSING THE FACT OF THE PREVIOUS LAW FIRM THAT APPARENTLY COMMISSIONER BOLTON WANTS TO COME BACK, EVEN THOUGH YOU VOTED THEM OUT [OVERLAPPING] BUT HE WANTS THEM TO COME BACK. >> COMMISSIONER BOLTON'S FAVORITE PICK WAS MICHAEL GARCIA. I DON'T EVEN KNOW WHERE THIS OTTINOT EVEN COME FROM. NOBODY INTERRUPT ME. >> SPEAK INTO THE MICROPHONE A LITTLE BIT, PLEASE, BECAUSE IT'S REALLY HARD TO HEAR YOU. >> MY POINT IS THERE IS CURRENT BACKUP INFORMATION BEING PROVIDED. WHY WAS THIS INFORMATION NOT PROVIDED AND WHY WAS THE BOX CHECKED OFF THAT THERE IS NOT ANY INFORMATION? >> [OVERLAPPING] LET'S MOVE ON. >> POINT OF ORDER, MADAM MAYOR. THERE IS NO BACKUP INFORMATION TO THIS BECAUSE THIS CITY FULL WELL KNOW WHO HANS OTTINOT LAW IS, THAT'S NUMBER 1. >> THAT'S AN ASSUMPTION. >> MADAM MAYOR, I ASKED FOR A POINT OF ORDER. I PLEASE ASK YOU NOT TO INTERRUPT ME. >> DEPENDS ON HOW LONG YOU GO. >> THE CITY KNOWS WHO HANS OTTINOT IS, PAMELA RYAN AND THE OTTINOT LAW FIRM. THAT'S NUMBER 1. NUMBER 2, COUPLE OF DAYS AGO, I ASKED FOR THE CITY MANAGER TO SEND ME THE LIST OF ATTORNEYS WHO APPLIED IN THE LAST PROCESS. I ALSO ASKED FOR BACKUP INFORMATION ON THOSE ATTORNEYS. WE GOT A LIST OF THE ATTORNEYS AND THE PACKAGES THAT THEY SUBMITTED. HANS OTTINOT AND OTTINOT LAW FIRM WAS ONE OF THOSE LAW FIRMS. COMMISSIONER DANIEL AND COMMISSIONER WRIGHT HAD PLENTY OF TIME TO LOOK OVER THAT INFORMATION BECAUSE THE CITY MANAGER SENT THEM AND ALL OF YOU THAT INFORMATION AS WELL, SO WE KNOW WHO HANS OTTINOT AND OTTINOT LAW FIRM IS. >> NOW MY POINT OF ORDER BECAUSE WE'RE SUPPOSED TO HAVE THESE AGENDA ITEM SIX BUSINESS DAYS AHEAD OF TIME, WHICH WOULD HAVE BEEN LAST WEEK. [OVERLAPPING] YOUR ITEM WAS ON THE AGENDA WITHOUT BACKUP TO RECEIVE ITEMS TO REVIEW AT 6:00 PM YET ON DECEMBER 13TH, TUESDAY, THE DAY BEFORE OUR COMMISSION MEETING IS NOT SUFFICIENT TIME, AND THAT IS WHAT HAS CAUSED OTHER ITEMS TO BE REMOVED FROM THE AGENDA JUST BECAUSE YOU DECIDED TO DO YOUR HOMEWORK LATER AND THEN PRESUME THAT WE'RE TO KNOW THAT THIS GOES WITH YOUR ITEM IS ALSO FALSE BECAUSE THERE'S NOTHING IN HERE FOR US TO SAY. GOOD EVENING, MAYOR AND COMMISSION. THE FOLLOWING REQUEST MADE BY ONE OF YOUR COLLEAGUES TO ME, WE'RE SUPPOSED TO ASSUME THAT THIS WAS YOUR REQUEST AND THIS IS YOUR BACKUP? THAT IS THE WHOLE PURPOSE OF GETTING THINGS TO THE CITY CLERK SIX BUSINESS DAYS. IT COULD BE PUT IN THE BACKUP AND SO WE CAN ALL BE SUFFICIENT TIME BECAUSE I'M PRETTY SURE THAT COMMISSIONER DANIEL HAD OTHER THINGS TO DO TODAY DURING THE DAY. SHE WAS BUSY. SOME OF US WERE BUSY AS WELL TO GO THROUGH ALL THIS STUFF THAT CAME IN LAST NIGHT. THE FACT OF THE MATTER IS THAT YOU'RE FAILING TO TELL EVERYBODY IS THAT WHEN THE DECISION WAS MADE TO GO OUT FOR ATTORNEYS, WE SAID THE INTERIM ATTORNEY WOULD NOT QUALIFY FOR THE CITY ATTORNEY POSITION. YET, ALL OF A SUDDEN, THE INTERIM CITY ATTORNEY BECAME QUALIFIED TO PARTICIPATE AND WE CHANGED THE RULES AS A PROCESS WENT. COMMISSIONER DANIEL, I'M SORRY, BUT THERE IS A LOT MORE HERE TO UNPACK THAN WHAT'S JUST SIMPLY BEING SPOON-FED, AND WE SHOULD HAVE BEEN PROVIDED THIS INFORMATION IN WRITING. THIS IS WHY THIS ITEM IS NOT RIGHT FOR DISCUSSION IN THE MANNER IN WHICH YOU'RE GOING. IF YOU WISH TO PRESENT A VIABLE PROCESS FOR US TO DISCUSS, PLEASE DO SO. BUT TO SIT HERE AND SAY THAT WE'RE GOING TO SELECT SOMEBODY BECAUSE YOU THINK THAT THIS PERSON DID THINGS RIGHT WITHOUT HAVING BACKUP AND ABILITY FOR THE REST OF US TO COUNTER, INAPPROPRIATE. >> MADAM MAYOR, AGAIN, HIRING A CITY ATTORNEY AND HIRING AND CITY MANAGER IS OUR PROCESS. >> UNDERSTOOD. I'M DONE AGREEING WITH YOU DECIDING WHO IS GOING TO BE. [OVERLAPPING]. >> MADAM MAYOR, CAN I PLEASE FINISH. HIRING A CITY ATTORNEY AND A CITY MANAGER IS OUR PROCESS. WE CAN DO THAT AT ANY TIME. WE CAN MAKE MOTIONS AT ANY TIME DURING THIS MEETING. WE DO NOT HAVE TO BRING AN ITEM FORWARD. I DID NOT EVEN HAVE TO PUT THIS ON THE AGENDA. I COULD HAVE SIMPLY COME HERE TONIGHT AND MAKE A MOTION. [OVERLAPPING] MADAM MAYOR I'M FINISHING. I ATTEMPTED TO GIVE YOU BACKUP INFORMATION ON THIS BY GIVING YOU MY PRESENTATION, WHICH YOU CLEARLY DON'T WANT TO HEAR. WITH THAT SAID, THE ITEM AT HAND IS TO DISCUSS AND MAKE A POSSIBLE MOTION BASED ON THE TWO CHARTER OFFICERS THAT WE HAVE. [05:10:05] I'M PREPARED TO MAKE A MOTION FOR THE FIRST ONE, AND I WILL DO SO VERY SHORTLY. >> CITY ATTORNEY. >> YES, MA'AM. >> WE HAVE BEEN TOLD AD NAUSEUM AND WE HAD AGREED AS A COMMISSION BODY AND THAT PROCESS HAS NOT BEEN CHANGED AS A COMMISSION BODY. THAT WHILE WE HAVE ACCESS TO THE AGENDA AT ANYTIME OUR RULES CLEARLY STATE, WE HAVE TO HAVE ACCESS AND WE HAVE TO DO IT SIX BUSINESS DAYS IN ADVANCE. THIS IS NOT SOMETHING NEW FOR THE VICE MAYOR NOR FOR COMMISSIONER VILLALOBOS NOR MYSELF. UNDERSTOOD IF IT WOULD BE COMING FROM COMMISSIONER DANIEL OR COMMISSIONER WRIGHTS. BUT AS SUCH, JUST BECAUSE WE HAVE AND THE PROCESS DOES BELONG TO US, YES FOR A DISCUSSION, BUT IT HAS TO BE A PROPER PROCESS AND COME TO THE COMMISSION SIX BUSINESS DAYS FOR US TO DISCUSS, AND THERE'S NOTHING IN HERE BUT A PERSON'S COMMENT, SO I BRING IT BACK TO THAT PART. >> THAT IS THE PROCEDURE AND THE PRONOUNCEMENT OF THIS BOARD HISTORICALLY HAS BEEN NOT TO CONSIDER ITEMS THAT DIDN'T HAVE BACKUP MATERIALS, IF THEN AN ATTEMPT WAS MADE TO MAKE A PRESENTATION AND PROVIDE BACKUP MATERIALS ON THE NIGHT OF THE MEETING. IT'S UP TO YOU VERY SIMPLY STATE THAT THE CHARTER, I WORK WITH PLEASURE WITH COMMISSION. IF THREE OF YOU WISH TO HAVE ME GO AWAY, MAKE THE MOTION. >> THANK YOU SO VERY MUCH AND I APPRECIATE THAT MR. HERRON, I BELIEVE THAT YOU ARE AN EXCELLENT ATTORNEY, I BELIEVE THAT FOX ROTHSCHILD IS ALSO AN EXCELLENT LAW FIRM. I BROUGHT YOU HERE WHEN SAM GORAN WAS HERE BECAUSE I THOUGHT THAT YOU WERE VERY COMPETENT IN YOUR UNDERSTANDING OF THE LAW AND UNDERSTANDING THE ISSUES IN MY DISTRICT, AND THIS HAS NOTHING TO DO WITH YOU, THIS IS A NEW COMMISSION AND I BELIEVE THAT THE TIME IS NOW TO HAVE STRONG LEADERSHIP LEAD THE CITY. I'M PREPARED TO MAKE A MOTION. I'M GOING TO ASK FOR A SECOND. MOTION TO TERMINATE THE CURRENT LAW FIRM OF FOX ROTHSCHILD, LLP, AND APPOINT OTTINOT LAW PA AS CITY ATTORNEY. THIS APPOINTMENT WILL BE EFFECTIVE AT NOON ON DECEMBER 15TH, 2022. THE MAYOR IS AUTHORIZED TO EXECUTE THE CONTRACT FOR THIS CITY ATTORNEY WITHOUT ADDITIONAL APPROVAL FROM THE CITY COMMISSION, PROVIDED THAT THE TERMS AND CONDITIONS OF THE CONTRACT FOR OTTINOT LAW ARE IDENTICAL TO THE CONTRACT FOR FOX ROTHSCHILD. SHOULD THE MAYOR BE UNAVAILABLE, THE VICE MAYOR SHALL BE NOTIFIED AND HAS FULL AUTHORITY FROM THE COMMISSION TO EXECUTE THE AGREEMENT WITHOUT ADDITIONAL APPROVAL FROM THE CITY COMMISSION, PROVIDED THAT THE TERMS OF THE AGREEMENT ARE IDENTICAL TO THE CONTRACT FOR FOX ROTHSCHILD. THAT IS MY MOTION, AND I WANT A SECOND, PLEASE. >> SECOND. >> NO I ASKED THAT YOU CALL THE QUESTION. >> NO THERE WILL BE DISCUSSION, NO THERE'S GOING TO BE DISCUSSION. >> GO AHEAD. >> THIS IS HIGHLY INAPPROPRIATE AND IMPROPER AND THIS IS AN ATTEMPT FOR ONE PERSON ON THE COMMISSION TO TRY TO SANDBAG OUR CITY ATTORNEY AND SANDBAG THE PROCESS. THERE IS ABSOLUTELY NO ABILITY FOR ANYBODY ON THIS COMMISSION TO DO ANY DUE DILIGENCE AND RESEARCH AND DISCUSS. THIS IS ONE PERSON'S OPINION OF WHO SOMEBODY THROUGH HINDSIGHT BELIEVES WAS BEST FOR THEM AND THEMSELVES ALONE VERSUS THE CITY. I WOULD LIKE TO BELIEVE THAT THIS COMMISSION WILL NOT FALL INTO THAT TRAP, AND WE'LL ACTUALLY HAVE A FAIR AND COMPETENT PROCESS IF WE ARE TO DO A LEGAL SERVICES. REMEMBER, LADIES AND GENTLEMEN, THIS IS NOT ABOUT US, THIS IS ABOUT OUR CITY, HOW OUR CITY OPERATES, HOW WE ARE PERCEIVED IN PUBLIC, AND HOW PEOPLE ARE GOING TO WANT TO DO BUSINESS IN OUR CITY BY THE ACTIONS THAT WE'RE GOING TO TAKE. IF WE'RE GOING TO NOT BE WELL-EDUCATED AND THOUGHTFUL THROUGH OUR PROCESS, THEN A YES VOTE WILL COME THROUGH THIS COMMISSION. BUT IF WE WILL BE MINDFUL OF OUR PROCESS AND DO RIGHT BY OUR CITY AND FOLLOW PROCEDURES THAT WE CAN PUT IN PLACE BY THE COMMISSION DOING SO, THEN A NO VOTE WILL COME THROUGH AND WE WILL NOT LET THIS CITY DOWN, SO I AM HOPEFUL THAT THERE WILL BE A NO VOTE ON THIS ONE. >> I JUST WANTED TO SHARE MY COMMENTS ON THIS ONE. [OVERLAPPING] >> GO AHEAD COMMISSIONER VILLALOBOS. >> WHEN WE HAD HANS OTTINOT, IT WAS A COMPLETE DISASTER. I CAN ASSURE YOU, COMMISSIONER DANIEL, [05:15:02] I CAN ASSURE YOU COMMISSIONER RAY THAT ALL THESE PEOPLE IN THIS ROOM CAN ATTEST TO THAT, WILL ATTEST TO THAT. EVERY PERSON IN STAFF, EVERY PERSON THAT IS AN EMPLOYEE TO THIS CITY CAN ATTEST TO HOW MUCH OF A MESS OTTINOT WAS BECAUSE HE WAS BEING MANIPULATED BY COMMISSIONER BOLTON AND COMMISSIONER GELIN. COMMISSIONER GELIN EVEN RECEIVED, ACCORDING TO COMMISSIONER BOLTON FUNDS ON THE BACKHAND. FOR COMMISSIONER BOLTON, THAT'S WHAT YOU TOLD ME WHEN YOU SHOWED UP TO MY OFFICE SIR. PLEASE, COMMISSIONER DANIEL, LET'S HAVE A PROCESS. COMMISSIONER RAY, LET'S HAVE A PROCESS. WE JUST CANNOT MAKE A DECISION ON THE EVE OF THURSDAY. >> THANK YOU. >> POINT OF ORDER MADAM MAYOR. >> NOT RECOGNIZED. >> YOU HAVE NOT BEEN RECOGNIZED. >> VICE MAYOR YOU ARE NOT RECOGNIZED. HE'S FINISHING HIS COMMENTS. >> HE CAN FINISH HIS COMMENTS AND- >> YOU WERE GIVEN YOUR OPPORTUNITY TO FINISH YOUR COMMENTS AS WELL. RIGHT NOW, HE'S GOING TO FINISH HIS COMMENTS. >> IF WE CAN PLEASE LET'S NOT START THIS NEW COMMISSION MAKING IRRATIONAL DECISIONS. WE'RE BEING PUSHED BY ONE PERSON TO MAKE A DECISION THAT'S GOING TO AFFECT EVERY SINGLE PERSON IN HERE, LITERALLY EVERY SINGLE PERSON IN HERE, EVERY PROCESSES THAT WE HAVE, EVERYTHING THAT WE DO, EVERY PROCEDURE THAT WE HAVE IN PLACE, EVERY LAW THAT WE MAKE IN THIS PLACE. IT'S UNACCEPTABLE FOR COMMISSIONER VICE MAYOR BOLTON TO GO AHEAD AND JUST SLAP ON AND READ AND THIS IS EXACTLY WHY HE NOMINATED HIMSELF TO BE VICE MAYOR BECAUSE HE KNEW THAT MAYOR WILL HAVE A TOUGH TIME SIGNING THOSE DOCUMENTS BUT IF SHE WAS NOT PRESENT, HE WILL SIGN THOSE DOCUMENTS. THIS IS A VERY UNFAIR PROCESS, AND I DON'T THINK ANYBODY IN THIS ROOM WOULD APPRECIATE NOT BEING ABLE TO HAVE A CHANCE TO APPLY TO A CITY, TO APPLY FOR A POSITION BUT YET JUST BE GIVEN TO THEM BECAUSE SOMEONE'S MAKING UP SOMETHING OR SOMEONE JUST THREW IN A WRENCH. IT IS UNFAIR. I CAN GUARANTEE YOU THIS CONVERSATION TOMORROW IT WILL START THE NEWS, IT WILL START THE SOUTHERN CENTRAL, IT WILL START TAMARAC TALK. THIS IS NOT GOING TO END HERE. THAT IS AN ASSURANCE. WE ALREADY KNOW WHAT'S GOING TO HAPPEN. YOU CAN ASK ANYBODY IN THIS ROOM, COMMISSIONER DANIEL AND COMMISSIONER RAY, ANYBODY, YOU CAN ASK BSO OFFICERS, DEPUTIES, FIREFIGHTERS OF WHAT REALLY HAPPENS AND WHAT WE'RE REALLY HAPPENED. HANS OTTINOT ALMOST PUT A STADIUM IN MY DISTRICT. >> PUT A WHAT? >> A STADIUM. [OVERLAPPING] >> A STADIUM, AT THE REQUEST OF COMMISSIONER GELIN IN AN INSTANT WITHOUT NONE OF US KNOWING. PROCESSES WERE BEING CHANGED ON THE BACKEND BY COMMISSIONER BOLTON AND GELIN WITHOUT US KNOWING UNTIL THE DAY OF. PEOPLE WILL BE FIRED FROM THIS PLACE, PEOPLE WILL LEAVE IF HANS OTTINOT BECOMES THE CITY ATTORNEY. I GUARANTEE YOU PEOPLE WILL LEAVE. WE ARE ON OUR SIXTH ADMIN. SIX ADMINS WE'VE HAD IN THE LAST TWO YEARS IN OUR OFFICE. >> WHAT HAS THAT TO DO WITH THIS? >> WHAT DOES THAT HAVE TO DO WITH THAT? THAT'S HOW BIZARRE AND DECISION-MAKING HAPPENS. THAT THEY CANNOT EVEN STAND BEING WITH US BECAUSE THEY'RE SCARED OF THEIR POSITIONS. >> BASICALLY, IT'S ALSO COMMISSIONER RYAN, COMMISSIONER DANIEL. THE FACT IS THAT THIS COMMISSION IS A BODY OF THREE AND WHAT HAPPENED WHILE HANS OTTINOT WAS IN. >> WHY A BODY OF THREE? [OVERLAPPING] >> IT TAKES THREE PEOPLE TO VOTE. WHAT WOULD HAPPEN IS ALL OF A SUDDEN, ON OUR DAYS, ON OUR BOOKS WITH RESOLUTIONS THAT ONE PERSON BROUGHT FORWARD TO THE CITY ATTORNEY AND THE CITY ATTORNEY AT THAT TIME WAS HANS OTTINOT AND THEY WERE BROUGHT FORTH. THE STADIUM THAT COMMISSIONER VILLALOBOS IS TALKING ABOUT WAS WE'LL HEREBY PUT A $300,000 STADIUM WITHOUT EVEN DISCUSSION ON BUDGET AND THINGS LIKE THAT AND THERE WAS NO DISCUSSION. THERE'S NO CONCERN ABOUT HOW IT WOULD AFFECT OTHER PEOPLE. THERE'S A LOT MORE INFORMATION. >> THANKS FOR SHARING COMMISSIONER. >> COMMISSIONER VILLALOBOS IS DONE SO IF YOU HAVE A COMMENT [OVERLAPPING] >> NO, I WAS JUST SAYING THAT LIKE I SAID BEFORE, I TRUTHFULLY WAS UPSET. I FELT LIKE HE BROUGHT OUT A LOT OF THE PROBLEMS THAT WAS HAPPENING IN THE CITY AND YOU GUYS FIRED HIM FOR BRINGING OUT THE PROBLEM, INCLUDING COMMISSIONER RAY HERE. WHILE I WAS RUNNING, I SAID THAT. [05:20:02] I SAID, WHY WOULD YOU GUYS FIRE SOMEONE THAT ACTUALLY RELIEVED THE CITY OF SOME OF THEIR PROBLEMS. >> BUT YOU'RE MAKING A PRESUMPTION OF THAT. YOU'RE ENTITLED TO YOUR [OVERLAPPING] OPINION OF WHAT YOU SAW, BUT THAT'S THE PROBLEM. HAVE YOU HAD A CHANCE? DID YOU KNOW WHAT COMMISSIONER BOLTON WAS GOING TO DO? DID YOU KNOW WHO WAS GOING TO BRING IT UP HERE TONIGHT? [OVERLAPPING] EXACTLY, SO THE POINT BEING IS YOU HAVE NOT HAD YOUR CHANCE TO ASK QUESTIONS, GET THINGS TO REVIEW AND MAKE DECISIONS FOR YOURSELF [OVERLAPPING] YET YOU'RE BEING ASKED TONIGHT. >> I WAS TOLD I CAN ONLY HAVE DISCUSSIONS AT THIS MEETING. >> WE ARE HAVING THIS DISCUSSION NOW? [OVERLAPPING] >> WE'RE HAVING A DISCUSSION HERE, BUT WE ARE NORMALLY GIVEN INFORMATION WHERE DURING THE SIX DAYS AND WHEN YOU GOT YOUR BOOK YOU COULD HAVE ASKED QUESTIONS. THE CITY MANAGER WHEN SHE MET WITH YOU. >> I'M NOT SAYING I AGREE WITH ANY OF THIS. I'M JUST HAVING THE DISCUSSION [OVERLAPPING] BECAUSE IT'S BRAND NEW. I WONDER WHY HE CHOSE ON. IF THIS WAS SOMEBODY THAT WE DIDN'T KNOW, THEN NO, I WANT TO READ ABOUT THE PERSON, ABSOLUTELY. BUT THIS IS SOMEBODY FROM THE CITY, CORRECT? >> NO, HE'S NOT FROM THE CITY. >> BUT HE WAS WITH THE CITY PRIOR. >> WAS HERE TEMPORARILY. HE WAS GIVEN THE INTERIM POSITION AND THROUGH GAMES THAT WERE PLAYED. >> LISTEN, I WORK FOR THE SCHOOL BOARD, THAT HAPPENS ALL THE TIME [OVERLAPPING]. >> WELL, THE THING IS OUR CITY IS NOT USED TO THAT. OUR CITY HAS NEVER BEEN USED TO THE GAMES THAT HAVE BEEN CONFRONTED TO US AND BROUGHT UPON US OVER THE PAST FOUR YEARS. OUR CITY HAS NEVER RUN LIKE THAT BEFORE. >> YEAH, I DON'T KNOW IF IT'S GAMES, BUT I KNOW IT HAPPENS A LOT. >> NOT HERE, NOT IN THE CITY. >> BUT YOU GUYS VOTED ON IT, RIGHT? >> IT WAS PRESENTED IN A WAY AND YES, IT WAS VOTED AND THAT WAS WHY HE WAS VOTED OUT. >> BUT HE WAS ALSO VOTED IN BY THE COMMISSION. >> NOT ALL OF US BUT YES, BUT ON AN INTERIM BASIS. WHEN YOU ARE TOLD ONE THING AND YOU BELIEVE IT AND THEN IT CHANGES BECAUSE THE PATTERN CHANGES, THAT'S BEEN THE PROCESS. NOT THOSE OF US ON THE DAIS SOME OF US FEEL DUPED IN THAT PROCESS. I WILL TELL YOU OTHERS [OVERLAPPING] FELT DUPED AS WELL. >> I UNDERSTAND THAT. >> THEN IF THERE ARE PEOPLE WHO ARE INTERESTED IN BECOMING OUR ATTORNEYS, WE KNOW ONE, WHY ARE WE BEING FORECLOSED OR SHUT-OUT OR UNABLE TO BE GIVEN AN OPPORTUNITY TO KNOW IF THERE'S ANYBODY ELSE OUT THERE FOR US. >> I UNDERSTAND. >> THERE IS A MOTION. COMMISSIONER RYAN, I DON'T KNOW IF YOU WISH TO SAY ANYTHING. I'M NOT FORCING YOU TO. >> NO, I'M LISTENING TO ALL THAT EVERYONE IS SAYING AND UNDERSTANDING THE PROCESS BECAUSE YOU KNOW WE'RE BRAND NEW AND WE'RE LEARNING AS WELL SO I'M LISTENING TO WHAT YOU HAVE TO SAY AND ELVIN JUST GIVE HIS OPINION AND I WOULD LIKE TO HEAR YOUR OPINION AS WELL. >> OH, MY OPINION IS THAT, ONE I DO NOT THINK THAT THIS IS A PROCESS THAT IS FAIR TO ANY OF THE OTHER FOUR OF US TO JUST BE TOLD BY ONE PERSON, HERE'S THE PERSON YOU'RE GOING TO SELECT AND IF YOU DIDN'T HEAR THE MOTION, WHICH THIS MOTION IT WAS VERY LENGTHY. IT SHOULD HAVE BEEN IN OUR BACKUP FOR US TO KNOW AND PROCESS SIX BUSINESS DAYS AGO SO WE COULD HAVE DONE OUR OWN RESEARCH. THERE'S NO WAY THAT I THINK THAT WE SHOULD HAVE ONE PERSON BE PRESENTED TO US AND SAY THIS IS A PERSON YOU SHOULD BE STUCK WITH, ESPECIALLY NO OFFENSE TO MR. OTTINOT AND HIS LAW FIRM BECAUSE IT WAS ONLY ONE PERSON WHEN WE HAD THEM, THAT'S NOT THE LAW FIRM WE FIRED. WE'RE NOT ASKING HIM BACK AND BEING TOLD THIS IS THE ONLY PERSON WE'RE GOING TO SELECT. THAT'S WHAT WE'RE BASICALLY BEING TOLD HERE. IT FEELS LIKE WE'RE BEING STRONG ARMED TO SAY, YOU WILL HIRE THIS FIRM AND HE WILL BE IN HERE BY NOON TOMORROW OR NOON TODAY, LESS THAN 12 HOURS AWAY. DID HE HAVE CONVERSATIONS WITH MR. OTTINOT? WHAT WAS PROMISED TO MR. OTTINOT? DOES MR. OTTINOT EVEN WANT THE JOB? WE DON'T KNOW ANY OF THESE QUESTIONS. WE DON'T EVEN KNOW IF MR. OTTINOT BECAUSE HE'S BECOME VERY BUSY WHEN HE'S ADDED PAMELA RYAN ON HERE. HE MAY NOT BE ABLE TO HANDLE THE WORKLOAD THAT WE HAVE BECAUSE GUESS WHAT? WE'RE NOT AS SMALL AS WE USED TO BE WHEN HE WAS HERE TWO YEARS AGO. WE'VE HAD A LOT OF THINGS GOING ON. WHY ARE WE ONLY BEING TOLD THAT THIS IS WHAT YOU'RE GOING TO GET? WHAT IS WRONG WITH THE ACTUAL, WE CONTROL THE PROCESS TO GO OUT AND SAY, HEY, ANYBODY OUT THERE WHO WANTS TO DO THE CITY GOVERNMENT WORK WOULD YOU LIKE TO TAKE A LOOK AT CITY OF TAMARAC AND WORK FOR AND WITH US? I HAVE A REALLY BIG PROBLEM WITH THE WAY THIS WHOLE PROCESS IS COMING OUT. THERE HAS BEEN NOTHING TRANSPARENT AT ALL. IT HAS BEEN UNDERHANDED, AND IT HAS BEEN AN ATTEMPT, IN MY OPINION, TO STRONG-ARM YOU BOTH AS YOU ARE NEW, INTO A FALSE SENSE OF BELIEVING THAT THIS IS THE RIGHT WAY TO RUN A CITY, AND IT IS NOT. THAT IS MAY OPINION COMMISSIONER WRIGHT. >> POINT OF ORDER, MADAM MAYOR, AND I'VE WAITED PATIENTLY. >> I WAS TALKING WITH COMMISSIONER WRIGHT. [05:25:02] COMMISSIONER WRIGHT ASKED ME A QUESTION. COMMISSIONER WRIGHT, STILL HAS THE FLOOR. COMMISSIONER WRIGHT, IS THERE ANY OTHER QUESTION THAT YOU HAVE? >> NO. THANK YOU FOR ANSWERING MY QUESTION. >> THANK YOU. VICE MAYOR BOLTON. >> THANK YOU, MAYOR. HANS OTTINOT AND PAMELA RYAN, THE OTTINOT LAW FIRM, ARE CONSUMMATE PROFESSIONALS. THEY WORKED DAY AND NIGHT ON THE ISSUES THAT WE HAD HERE IN THE CITY OF TAMARAC. I'D BE HERE IN MY OFFICE SEVERAL TIMES, HANS IS HERE WORKING UPSTAIRS, AVAILABLE. I'D CALL HIM, HE'D ANSWER, AND I CAN'T SAY THE SAME OF THE ATTORNEY THAT WE HAVE RIGHT NOW. IT IS UNFAIR OF ANOTHER COMMISSIONER TO CHARACTERIZE AND DEMONIZE AN ATTORNEY THAT IS A PROFESSIONAL AND REALLY WHO DOES SUCH GREAT WORK, AND AT A POINT OF DESPERATION, BRING IN LIES IN THE WINDOWS. [OVERLAPPING] >> VICE MAYOR, IT'S YOUR OPINION. ALL OF THIS IS OPINION AND AT THIS POINT IN TIME, AT THE SAME TALK MAYBE HANS AND I CAN APPLY. >> I'M FINISHING MY COMMENT. I DID NOT, BUT END WHEN YOU WERE TALKING. >> PLEASE FINISH YOUR COMMENT, IT IS 01:00 AM. >> MAYOR, I BELIEVE THAT AT THIS POINT IN TIME, THIS IS A GREAT OPPORTUNITY FOR US TO WRITE A WRONG. THIS COMMISSION AT ANYTIME DURING THE FUTURE, IF THEY BELIEVE THAT HANS OTTINOT IS NOT THE RIGHT FIT FOR THE CITY, WE CAN IN THE FUTURE FIND ANOTHER PROCESS, FIND ANOTHER ATTORNEY. BUT AS IT IS NOW, I BELIEVE THAT THIS LAW FIRM IS WHO THE CITY NEEDS TO MOVE THIS CITY FORWARD. THE MOTION IS ON THE TABLE, IT'S BEEN PROPERLY SECONDED, AND I WISH TO HAVE THE QUESTION CALLED NOW. >> COMMISSIONER WRIGHT. >> QUESTION, VICE MAYOR BOLTON. WHAT OTHER PROCESS DO YOU THINK THAT IS IN PLACE THAT WE CAN UTILIZE? >> I DON'T THINK COMMISSIONER WRIGHT, THAT THERE IS ANOTHER PROCESS THAT IS DOABLE AT THIS TIME. I THINK THAT IN THE FUTURE, IF WE DO NOT LIKE THE OTTINOT LAW FIRM, BY ALL MEANS, WE CAN UP TO FIRE HIM ON THE SPOT AT ANY TIME. THIS IS OUR PROCESS, THESE ARE THE PEOPLE THAT WE CAN FIRE OR HIRE. I AM SAYING GIVE HANS OTTINOT AN OPPORTUNITY TO SHOW US WHAT HE CAN OR CANNOT DO. ABSOLUTELY, I THINK THE PUBLIC KNOWS BY NOW THAT WHEN HANS OTTINOT WAS COMING HERE. [OVERLAPPING] >> COMMISSIONER BOLTON, ENOUGH OF THAT PLEASE. VICE MAYOR BOLTON, THE QUESTION WAS ASKED OF YOU, WAS THERE ANOTHER PROCESS NOT FOR YOU TO CONTINUE YOUR STUMPING FOR HANS OTTINOT AND HIS LAW FIRM TO BECOME OUR ATTORNEYS WITHOUT DUE PROCESS TO EVEN THIS COMMISSION. YOU'VE MADE YOUR POINT, IT'S DONE. CALL THE QUESTION. >> MAYOR, TO ANSWER THE QUESTION, I BELIEVE THAT HANS OTTINOT IS THE RIGHT ATTORNEY RIGHT NOW. >> THAT WASN'T THE QUESTION. THE QUESTION WAS THERE WAS A PROCESS. >> IF WE WANT A PROCESS AFTER HAVING HIM FOR A COUPLE OF MONTHS, WE CAN GO OUT AGAIN, BUT I BELIEVE THAT HE IS THE ONE THAT WE NEED RIGHT NOW TO MOVE THE CITY FORWARD. >> ACTUALLY, THIS COMMISSION IS WHAT MOVES THE CITY FORWARD BECAUSE OF OUR POLICIES AND PROCEDURES. >> HE WILL HELP US TO SHAPE THOSE POLICIES MAYOR >> TO UP AND THE CITY WITH CONTINUAL TRANSFERS OF LEGAL WORK IS INEFFICIENT AND IT COSTS A LOT OF MONEY. LADIES AND GENTLEMEN, YOU WANT TO TALK ABOUT A WASTE OF MONEY FOR YOUR CITY TAX DOLLARS THAT WOULD BE IT. >> MADAM MAYOR. >> CITY ATTORNEY, TRY TO CALL THE QUESTION. >> I JUST WANT TO MAKE ONE COMMENT, CORRECT THE RECORD. EVERYONE IS ENTITLED TO AN OPINION, AND I RESPECT THAT. BUT I WANT TO SAY FOR THE RECORD THAT I HAVE MADE MYSELF AVAILABLE TO EACH AND EVERY ONE OF YOU 24/7. YOU CAN ASK YOUR CUSTODIAL STAFF, NOT YOUR STAFF OUT HERE, BUT YOUR CUSTODIAL STAFF, WHO ARE THE PEOPLE HERE WHO ARE THE LATEST, THAT THE PERSON THAT THEY SEE THE LATEST HERE AT CITY HALL WHEN I'M HERE IS ME. I'M HERE TILL 7, 8 O'CLOCK WORKING ON CITY OF TAMARAC MATTERS WHEN I'M HERE. [05:30:02] I COME TO YOUR MEETINGS, I ATTEND EVERYTHING, I PARTICIPATE IN YOUR CONFERENCE CALLS AND YOUR MEETINGS WITH YOUR STAFF. I'M HERE AND I'M AVAILABLE, AND I WANT THAT TO BE ON THE RECORD SO AND CLEAR. THERE'S NO MISREPRESENTATION OF MY AVAILABILITY TO THIS COMMISSION, THE CITY MANAGER AND HER STAFF, AND THIS COMMUNITY. >> THANK YOU VERY MUCH. COMMISSIONER WRIGHT YOU HAD A QUESTION. >> QUESTION FOR VICE MAYOR BOLTON. AGAIN, MR. HERRON JUST STATED, HE'S ALWAYS AVAILABLE. WHAT CHANGED FROM YOUR VOTE TO NOW THAT'S DIFFERENT ABOUT HIM THAT YOU WOULD SEE IN TERMS OF HIS SERVICES? >> COMMISSIONER WRIGHT I APPRECIATE JOHN HERRON. I DON'T THINK THAT SHOULD BE LOST IN TRANSLATION. I THINK HE'S AN EXCELLENT ATTORNEY. THERE ARE MEMBERS OF THIS COMMUNITY WHO FEELS THAT HE'S NOT A GREAT ATTORNEY. THEY'VE COME HERE SEVERAL TIMES, AND LAMENTED WITH THIS CITY TO GET RID OF HIM. I HAVE ASKED OF THIS CITY TONIGHT TO CHANGE SERVICES BECAUSE I BELIEVE HANS OTTINOT WILL DO A BETTER JOB. IT IS JUST DOWN TO THAT. AGAIN. JOHN, THIS HAS NOTHING TO DO WITH YOUR ABILITIES AS A CITY ATTORNEY, I THINK THAT YOU'RE A FINE CITY ATTORNEY AND ANY CITY TO HAVE YOU, WILL HAVE A GEM. BUT HANS IS ALSO A GEM, AND I THINK THAT AS A NEW COMMISSION, WE SHOULD GIVE SOMEBODY LIKE HANS A TRY. HE IS A GREAT ATTORNEY. I THINK ALL OF US HAVE SEEN HIS RESUME, HIS ACCOMPLISHED. >> NO. >> UNLESS WE DON'T CHECK OUR EMAILS. BUT WE'VE SEEN HIS PACKAGE AND HE IS AN EXCELLENT ATTORNEY, AND I DO NOT THINK THAT YOU SHOULD BE SWAYED BY COMMISSIONER VILLALOBOS AND HIS COMMENTARY. >> VICE MAYOR BOLTON, THE QUESTION ASKED OF YOU WAS WHAT WAS SPECIFIC, AND YOU'VE ANSWERED OR NOT ANSWERED COMMISSIONER WRIGHT'S QUESTION. COMMISSIONER WRIGHT, DO YOU HAVE ANOTHER QUESTION? NO. YOU'RE WELCOME TO HAVE ANOTHER QUESTION, I'M JUST TRYING TO MOVE THIS ALONG. IF YOU HAVE ANOTHER QUESTION TO PLEASE ASK. >> IS IT POSSIBLE FOR US TO GET FEEDBACK FROM SOME OF THE STAFF WHO SIT IN HERE? >> I DON'T KNOW IF THAT'S THE APPROPRIATE THING TO DO RIGHT NOW TO PUT THIS, BUT THAT'S THE WHOLE REASON FOR BACKUP. THAT'S THE WHOLE REASON FOR PEOPLE TO BE PREPARED PRIOR TO COMING HERE AND GIVING US THE INFORMATION. IF WE DID NEED TO HAVE ANYTHING AT POLLING OF OUR STAFF, WE WOULD BE ABLE TO HAVE THAT INFORMATION FOR YOU VERSUS HAVING TO PUT OUR STAFF ON THE SPOT AND DO THAT DURING A MIDDLE OF A WORKSHOP ITEM, IT'S HIGHLY INAPPROPRIATE AND THAT'S WHY WE DON'T DO IT. COMMISSIONER VILLALOBOS. >> JUST ONE LAST COMMENT MAYOR. I DON'T BELIEVE COMMISSIONER WRIGHT HAD THE OPPORTUNITY TO INTERVIEW ANY CITY ATTORNEY, IF I COULD ASSUME, I DIDN'T HAVE AN OPPORTUNITY TO INTERVIEW ANY CITY ATTORNEY. I DON'T BELIEVE MAYOR HAD AN OPPORTUNITY TO INTERVIEW ANY CITY ATTORNEY. I DON'T BELIEVE COMMISSIONER DANIEL HAD AN OPPORTUNITY TO INTERVIEW. >> I WILL SAY THIS, I DID GET CONTACTED BY PEOPLE SAYING IF YOU TRULY POSSIBLY GOING OUT FOR BID, OUR FIRM IS INTERESTED. I DID RECEIVE SEVERAL CALLS OR COMMUNICATIONS OF SUCH, BUT THERE WAS NO INTERVIEW PROCESS. >> HOW IS IT THAT COMMISSIONER, VICE MAYOR BOLTON IS THE ONLY ONE THEY HAD THE OPPORTUNITY TO SPEAK TO HANS OTTINOT'S FIRM, INTERVIEW HIM AND PAMELA, AND THEN COME TO THIS COMMISSION AND SAY THIS IS WHO WE'RE HIRING, HOW IS THAT OUR PROCESS? SOUNDS LIKE A ME PROCESS. >> THE QUESTION THAT IS BEFORE US, THERE WAS A MOTION BY THE VICE MAYOR THAT WAS SECONDED BY COMMISSIONER DANIEL FOR THE LENGTHY PROCESS OF BASICALLY SAYING THAT HANDS-ON AND THAT'LL BE OUR ATTORNEY BY NOON TOMORROW OR TODAY. YOU DIDN'T SECOND IT? MY APOLOGIES. WHOSE SECOND? SORRY, COMMISSIONER WRIGHT SECONDS IT. MY APOLOGIES, COMMISSIONER DANIEL. IF THERE IS STILL A SECOND TO THAT MOTION AND THE MOTION IS STILL ON THE FLOOR, THEN THE MOTION NEEDS TO BE VOTED ON AND DISPOSED OF. [05:35:04] >> CAN I ADD SOMETHING OR NOT? >> SURE. GO AHEAD. >> SORRY, BECAUSE I KNOW EVERYBODY WANTS THIS TO BE OVER IT. CAN IT BE INTERIM AND THEN WITH THE POSSIBILITY OF BEING PERMANENT? >> TO ANSWER YOUR QUESTION, I THINK IT'S A MATTER OF SEMANTICS WHETHER OR NOT WE MAKE SOMEBODY INTERIM OR PERMANENT. THROUGH THE LAST PROCESS, WE UNDERSTOOD THAT TO BE TRUE. I UNDERSTAND THAT YOU BOTH AND THIS COMMISSION WAS NOT AWARE OF THE CONTENTS OF THIS ITEM. WE COULD NOT DISCUSS IT BECAUSE OF THE SUNSHINE LAW ISSUES. BUT I'M ASKING YOU TONIGHT TO GO OUT ON A LIMB WITH ME TO MAKE THIS DECISION, TO HIRE HANS OTTINOT AS OUR PERMANENT ATTORNEY. IF A COUPLE OF MONTHS DOWN THE LINE WE ARE NOT IN AGREEMENT WITH HIS STYLE OR HOW HE IS HANDLING THE MATTERS OF THE CITY, THEN I WILL BE THE FIRST ONE TO FIRE HIM. I'LL BE THE FIRST ONE TO MAKE A MOTION TO GET RID OF HIM. THAT IS MY PROMISE. THIS IS NOT AN ATTEMPT TO BRING SOMEBODY TO DESTROY THE CITY, THIS IS AN ATTEMPT TO BRING SOMEBODY TO BUILD THE CITY. I UNDERSTAND THAT SOME [OVERLAPPING] >> VICE MAYOR, THIS IS OUT OF LINE. FIRST OF ALL, VERY OUT OF LINE. SECOND OF ALL, THERE ARE PEOPLE ON THIS COMMISSION WHO BELIEVE THAT THERE ARE STILL ITEMS THAT NEED TO BE RECTIFIED THAT WERE DONE WHILE MR. OTTINOT WAS IN THE CITY ATTORNEY'S CHAIR. SOME OF US DO NOT AGREE WITH YOU THAT THINGS WERE ALL 2020 HINDSIGHT, BEAUTIFUL ROSES AND RAINBOWS BECAUSE THEY WERE NOT. FOR YOU TO SIT HERE AND TELL TWO OTHER ELECTED OFFICIALS BECAUSE OBVIOUSLY YOU'RE NOT TALKING TO COMMISSIONER VILLALOBOS AND MYSELF, THAT THEY JUST HAVE TO PUT THEIR FAITH IN YOU VERSUS A PROCESS THAT IS FAIR AND EQUITABLE AND RESPECTABLE TO THIS CITY AND DO THEIR JOBS AS COMMISSIONERS TO THIS CITY VERSUS COMMISSIONERS TO YOU IS UNCALLED FOR. THIS IS NOT ABOUT YOU, IT'S NOT ABOUT YOUR DESIRES. IT'S SUPPOSED TO BE ABOUT THE DESIRES AND THE BEST INTERESTS OF THIS CITY. EDUCATED DECISIONS ARE WHAT WE ALL PROMISED OUR RESIDENTS THAT WE WOULD DO. AT THIS POINT IN TIME, PLEASE CALL THE ROLL. >> THANK YOU, MADAM MAYOR. VICE MAYOR BOLTON? >> YES. >> COMMISSIONER VILLALOBOS? >> NO. >> COMMISSIONER WRIGHT? >> YES. >> MAYOR GOMEZ? >> NO. >> DR. DANIEL? >> YES. OUR CITY IS SCREWED. >> MOTION PASSED [OVERLAPPING] >> MAYOR, THERE'S ANOTHER CHARTER POSITION THAT WE ARE IN CHARGE OF, THAT IS THE CITY MANAGER POSITION. CITY MANAGER KATHLEEN GUNN RECENTLY SUBMITTED HER NOTICE TO RESIGN AS THE MANAGER AND HAS GIVEN THE 120-DAY NOTICE AS PROVIDED UNDER HER EMPLOYMENT AGREEMENT WITH THE CITY. IN HER RESIGNATION NOTICE, MS. GUNN'S STATED THAT HER RESIGNATION WOULD PROVIDE THE NEW COMMISSION MEMBERS WITH AN OPPORTUNITY TO SELECT A CITY MANAGER OF THEIR CHOICE. I RECENTLY ASKED MS. GUNN IF SHE WOULD LIKE TO STAY ON AS CITY MANAGER, AS I HAVE COME TO RESPECT MS. GUNN FOR HER LEADERSHIP SKILLS AND MANAGEMENT STYLE. MS. GUNN MADE IT CLEAR THAT SHE INTENDS TO MOVE ON SO I WISH HER NOTHING BUT THE BEST. I BELIEVE THAT TIME HAS COME TO A POINT, A REPLACEMENT FOR MS. GUNN, AND I CERTAINLY BELIEVE THAT WE CAN FIND A MANAGER FROM WITHIN. I BELIEVE THAT ALL DEPARTMENT DIRECTORS QUALIFY FOR THIS POSITION. BUT RECENTLY I ASKED MS. GUNN IF WE HAVE A SUCCESSION PLAN. MS. GUNN ADVISED THAT IT HAS BEEN A LONGSTANDING PROTOCOL THAT THE ASSISTANT CITY MANAGER ACTS IN THE STATE OF THE CITY MANAGER WHEN SHE IS ON VACATION OR INDISPOSED. MS. GUNN FURTHER STATED THAT UPON CONCLUDING HER CONTRACT ON MARCH 3RD, 2023, THAT LEUVEN SOJULU WILL BE FULLY PREPARED TO ACCEPT THE RESPONSIBILITIES OF A CITY MANAGER. TONIGHT, I WOULD LIKE TO HONOR MS. GUNN'S REQUEST TO APPOINT LEUVEN SOJULU AS HER SUCCESSOR. AT THIS MOMENT IN TIME, THE CITY OF TAMARAC NEEDS STABLE LEADERS, SOMEONE WITH INSTITUTIONAL KNOWLEDGE [05:40:05] TO MOVE THE CITY FORWARD. I BELIEVE THAT LEUVEN SOJULU EMBODIES THAT. NOW, I'LL MAKE A MOTION AND THEN WE'LL HAVE DISCUSSION ON THIS. I MOTION TO APPOINT LEUVEN SOJULU AS PERMANENT CITY MANAGER FOR A PERIOD FOR NO MORE THAN TWO YEARS EFFECTIVE IMMEDIATELY ON THE EXPIRATION OF THE CURRENT CITY MANAGER'S CONTRACT. OTTINOT LAW WILL BE AUTHORIZED AS OUR NEW CITY ATTORNEY TO ENTER INTO NEGOTIATIONS WITH LEUVEN SOJULU AND MS. SOJULU'S CONTRACT SHALL COME FOR FINAL APPROVAL BEFORE THE CITY COMMISSION NO LATER THAN FEBRUARY 8TH, 2023, ALLOWING FOR AMPLE TIME TO MAKE CHANGES, IF ANY, AHEAD OF THE MARCH 3RD DATE, WHICH IS THE EXPIRATION OF MS. GUNN'S CONTRACT. THAT IS MY MOTION AND I PLEASE ASK FOR A SECOND. >> SECOND. >> COMMISSIONER VILLALOBOS. >> YOU'RE SPEAKING ON BEHALF OF HANS OTTINOT TO WRITE THIS UP TODAY. THAT'S WHAT YOU'RE SAYING. YOU WANT STABILITY, YOU JUST CAUSE THE BIGGEST RUCKUS NOT EVEN FROM THE PREVIOUS COMMISSION. THIS CURRENT COMMISSION RIGHT NOW TODAY JUST CREATED THE BIGGEST EARTHQUAKE BIGGER THAN BEFORE. COMMISSIONER DANIEL, COMMISSIONER WRIGHT, I TRULY HOPE THAT YOU BOTH CAN STAND ON YOUR OWN FEET AND I'M GOING TO MAKE SURE YOU DON'T WIN YOUR RE-ELECTION. >> THAT ASIDE, IF WE WERE IN COURT, WE WOULD BE LIKE, CANCEL THAT LAST COMMENT BECAUSE RIGHT NOW, THE FACT OF THE MATTER IS, WELL, I AM SUPPORTIVE OF THE COMMENTS THAT VICE MAYOR MADE FOR THE CITY MANAGER AND FOR SUCCESSION PLANNING AND APPRECIATE THAT IT WAS BEING DONE IN A MANNER TO ALLOW THE CITY MANAGER TO FINISH HER CONTRACT AS A DESIRE AND WORK THROUGH THE PROCESS WITH THE CURRENT, I HATE TITLES, ACTING ASSISTANT CITY MANAGER. THE FACT OF THE MATTER STILL LIES THAT WE HAVE BEEN LIED TO AT THIS COMMISSION ALREADY THIS EVENING BY THE VICE MAYOR WHO HAS FAILED TO PROVIDE US ANY OF THIS STUFF IN WRITING WHERE HE COULD HAVE PUT HIS PROPOSAL OUT FOR US TO HAVE DISCUSSION IN BACKUP, AND I AM GOING TO SAY THIS, I AM HIGHLY DISAPPOINTED IN THIS COMMISSION. ALL OF THE FALSE PROMISES AND COMMENTS OF TRYING TO WORK TOGETHER FOR THE BETTERMENT OF THIS CITY HAVE OBVIOUSLY BEEN JUST THAT, HOT AIR, FAILURE TO STAND ON YOUR OWN FEET AND ALLOWING TO BE DICTATED WITHOUT HAVING ANY FULL IDEA OF THE PROTOCOLS AND PROCESSES THAT THIS CITY HAS SERVED ITS COMMUNITY SO WELL FOR ITS EXISTENCE HAS JUST BEEN TURNED UP ON A DIME. IT IS TERRIBLY DISTRESSING AND A VERY BIG DISAPPOINTMENT IN OUR FIRST COMMISSION MEETING HERE. THAT ALL THE HOPES THAT WE'RE RIDING ON THE SHOULDERS OF THIS NEW COMMISSION HAS JUST PRESENTED IN PUBLIC TO THE CITY, AND TO EVERYBODY WATCHING BECAUSE THERE ARE STILL A LOT OF PEOPLE WATCHING. I'M SORRY THAT PEOPLE THINK IT IS SO EASY TO HIRE AND FIRE IN THIS PLACE AND THAT IT DOES NOT CAUSE ANY ISSUES OR ANY DAMAGE TO THE PROCESSES THAT OUR EMPLOYEES WHO ARE TRYING TO KEEP OUR CITY MOVING SMOOTHLY HAVE TO SUFFER AND FACE THE CONSEQUENCES TO DO. THAT BEING SAID, AT LEAST THERE'LL BE ONE AVENUE THAT I CAN SUPPORT. HOWEVER, I DO NOT THINK THAT THIS IS A PROPER MECHANISM EITHER. I THINK IT SHOULD BE A DISCUSSION. I THINK IT SHOULD BE A PROCESS VERSUS SOMEBODY ACTING LIKE THIS CITY IS HIS DICTATORSHIP. BECAUSE I SWEAR TO GOD, WE DIDN'T MOVE INTO A DICTATORSHIP. COMMISSIONER DANIEL. >> THANK YOU. I JUST WANTED TO SAY IT'S BEEN A PLEASURE WORKING WITH MS. GUNN. I TRULY APPRECIATE ALL THE TRAINING SHE GAVE. I'M SORRY THAT SHE RESIGNED. MR. LEUVEN, THANK YOU FOR THE TRAINING. [05:45:01] THE KNOWLEDGE THEY HAVE HAS BEEN EXTREMELY HELPFUL. I JUST WANTED TO SAY FOR THE SHORT TIME THAT I'VE WORKED WITH YOU TWO, I AM TRULY GRATEFUL FOR ALL THE INFORMATION YOU'VE SHARED AND YOUR KINDNESS AND FOR ALL DEPARTMENT HEAD. I'M GLAD TO WRITE WHAT I FELT LIKE WAS A WRONG WITH THE ATTORNEY THAT YOU DID FIRE, AND THAT WAS PART OF MY REASON FOR RUNNING AS WELL, IS TO WRITE WHATEVER WRONG I SAW. I APOLOGIZE TO ANYONE WHO WAS OFFENDED BY THAT, BUT THAT WAS STANDING ON MY OWN FEET. THANK YOU. >> VICE MAYOR, DO YOU HAVE ANYTHING FURTHER? >> YES, IT'S DISCUSSION TIME SO I THINK I HAVE FIVE MINUTES. >> WELL, ACTUALLY IT'S YOUR ITEM ON PRESENTATION YOU DON'T HAVE TO HAVE A DISCUSSION ITEM. >> THANK YOU, MAYOR. THANK YOU SO MUCH. I CAN ASSURE STAFF THAT I'M ON YOUR SIDE. I'VE ALWAYS SUPPORTED YOU. I'VE ALWAYS SOUGHT TO BRING OUT THE BEST OUT OF YOU. I DON'T BELIEVE THAT YOU SHOULD LISTEN TO THE NARRATIVE OF ANOTHER COMMISSIONER AND THINK THAT THIS CITY IS GOING TO BE RUN AS A BANANA REPUBLIC. HEAR ME, I APPRECIATE WHO STAFF IS AND I DO NOT THINK THAT LEUVEN OR [INAUDIBLE] IS GOING TO COME HERE AND FIRE STAFF AT WILL. THIS IS A CITY RUN BY STAFF AND I APPRECIATE YOUR WORK, SO VERY MUCH. FIREFIGHTERS, I'VE COME TO LIKE YOU GUYS, BEYOND NOTICE THAT I LIKE YOU GUYS, SO AS OF TONIGHT, IT'S A NEW START AND THAT IS A STERN WARNING. TO BSO YOU KNOW THAT I LOVE YOU VERY MUCH. I WILL NOT GET RID OF BSO, ABSOLUTELY NOT. I'M [OVERLAPPING] PUTTING MY OWN COMMENTS ON THE RECORD SO THAT THEY ARE NOT DISTORTED BY A COMMISSIONER THAT IS DESPERATE WITH LIES. BSO I LOVE YOU. I BELIEVE THAT YOU GUYS DO ABSOLUTELY WONDERFUL JOB IN MAKING SURE THAT THE CITY IS SAFE. TO THE PEOPLE WHO WORK ON THE STREETS, PUBLIC SERVICES I HAVE NOT HAD MORE PLEASURE IN WORKING WITH A BILLING OFFICIAL THAT I HAVE FOR THE LAST COUPLE OF MONTHS, THESE STAFF MEMBERS WORKED EXTREMELY HARD. LERENZO CALHOUN, THERE'S SOME THINGS I DO NOT LIKE ABOUT YOU BUT I CAN TELL YOU THIS MUCH, YOU ARE CONSUMMATE PROFESSIONAL. YOU DO YOUR JOB, AND YOU DO IT WELL. I'M NOT IN THE BUSINESS OF MAKING STAFF FEEL UNCOMFORTABLE. TO THE EXTENT THAT SOMEBODY MAY FEEL UNCOMFORTABLE BECAUSE OF THE COMMENTARY TONIGHT, DO NOT BELIEVE THAT. TO OUR ADMIN STAFF, I APPRECIATE YOU, I LOVE YOU TO PIECES AND I BELIEVE THAT YOUR JOB IS SECURE. NOBODY WILL LEAVE BECAUSE LEUVEN OR [INAUDIBLE] HAS TAKEN OVER. ABSOLUTELY NOT OR WILL TAKE OVER BECAUSE THERE'S NO VOTE YET. BUT I ABSOLUTELY BELIEVE THAT THIS CITY IS IN GREAT HANDS AND I APPRECIATE YOUR SUPPORT THIS COMMISSION SO VERY MUCH. >> COMMISSIONER WRIGHT. >> CAN YOU REPEAT WHAT YOU WERE MENTIONING VICE MAYOR BOLTON? THE MOTION THAT YOU JUST SPOKE ABOUT. SORRY, IT'S LATE. >> CITY CLERK, IF YOU'D LIKE TO PLEASE READ THE MOTION BACK. CITY CLERK, PLEASE READ THE MOTION BACK. >> MAYOR CAN YOU HAVE COMMISSIONER BOLTON CLARIFY THE MOTION BECAUSE I DID NOT HAVE THE FULL MOTION? >> YOU DON'T HAVE THE FULL MOTION. THANK YOU. >> THE MOTION THAT ALREADY HAD A SECOND BUT JUST TO REPEAT IT. THE MOTION IS TO APPOINT LEUVEN SUCUOGLU AS OUR PERMANENT CITY MANAGER FOR A PERIOD OF NO MORE THAN TWO YEARS, EFFECTIVE ON THE EXPIRATION OF MS. GUNN'S CONTRACTS. WE'RE NOT FIRING MISS GUNN. WE'RE NOT SAYING THAT SHE SHOULD LEAVE TOMORROW MORNING. WE SAY THAT SHE FINISHES HER TIME HERE. PEOPLE HAVE SPOKEN HIGHLY OF HER. [OVERLAPPING] >> VICE MAYOR, WILL YOU PLEASE READ THE MOTION BACK? THE REASON THE CITY CLERK CAN'T WRITE DOWN THE ACTUAL MOTION IS BECAUSE YOU HAVE COMMENTARY THROUGHOUT YOUR MOTION. PLEASE GIVE HER THE MOTION. >> THAT OUR NEW CITY ATTORNEY WOULD BE [05:50:03] AUTHORIZED AND THIS HAS BEEN DONE HISTORICALLY AS WELL. >> AGAIN, PLEASE GIVE HER THE MOTION. >> OUR NEW CITY ATTORNEY WILL ENTER INTO NEGOTIATIONS WITH LEUVEN SUCUOGLU AND MR. SUCUOGLU'S CONTRACT SHALL COME FOR FINAL APPROVAL BEFORE THE CITY COMMISSION NO LATER THAN FEBRUARY 8, 2023, ALLOWING FOR AMPLE TIME TO MAKE CHANGES IF WE HAVE ANY CHANGES, AHEAD OF THE MARCH 3RD DATE WHEN MS. GUNN'S CONTRACT WOULD HAVE BEEN EXPIRED. >> POINT OF ORDER, MAYOR. >> HOLD ON. COMMISSIONER WRIGHT, DO YOU HAVE THE MOTION NOW? >> YES, I UNDERSTAND THE MOTION. WE'RE HIRING A NEW CITY MANAGER ONCE MRS. GUNN CONTRACT EXPIRES, IS THAT WHAT YOU'RE SAYING? >> THE NEW MOTION IS TO ASK FOR THE CURRENT DEPUTY CITY MANAGER TO STEP INTO THE ROLE OF CITY MANAGER IN THE PROCESS. BUT THE CONTRACT HAD BEEN NEGOTIATED BECAUSE THERE'S A CONTRACT WITH THE CITY MANAGER HAS WITH THE CITY TO BE NEGOTIATED BY FEBRUARY 8. IN CASE THERE'S ANY ISSUES, THERE'S STILL TIME TO RESOLVE IT. >> THERE IS NO PROCESS IN HIRING A NEW CITY MANAGER? >> NOT AT WHAT'S CURRENTLY BEING GIVEN JUST LIKE THERE WAS NO PROCESS AND BEING ABLE TO HIRE A CITY ATTORNEY. >> POINT OF ORDER MADAM MAYOR. >> I HAVE POINT OF ORDER. >> COMMISSIONER VILLALOBOS HAS HIS POINT OF ORDER. GO AHEAD. >> I JUST WANTED TO UNDERSTAND HOW WE'RE BEING TOLD IS GOING TO BE TWO YEARS. IT'S GOING TO BE THIS, IT'S GOING TO BE THAT. THERE'S NO CONVERSATION HERE. COMMISSIONER DANIEL, ARE YOU OKAY BEING TOLD WHAT TO DO? COMMISSIONER WRIGHT, ARE YOU OKAY BEING TOLD WHAT TO DO? WE'RE LITERALLY BEING TOLD WHAT TO DO AND HOW IT'S GOING TO BE DONE. HOW IS THIS A COMMISSION? THIS ISN'T A COMMISSION. THIS IS NOT A VICE MAYOR-RUN CITY. >> IT'S A COMMISSION-RUN CITY. IT'S SUPPOSED TO BE DISCUSSION AND WORKING IT THROUGH AND HAVING FULL INFORMATION TO MAKE EDUCATED DECISIONS. COMMISSIONER WRIGHT. >> YES. VICE MAYOR BOLTON, ON THAT MOTION, I THINK WE SHOULD HAVE THAT OPEN FOR A LITTLE MORE DISCUSSION. >> THIS IS WHAT WE'RE DOING RIGHT NOW, COMMISSIONER WRIGHT, IS HAVING DISCUSSION ON THE ITEM. IF THERE IS A DESIRE TO CHANGE ANYTHING WITHIN MY MOTION, THIS IS THE TIME TO DISCUSS WHAT YOU'D LIKE TO CHANGE OR WHAT YOU'D LIKE TO SEE. LEUVEN SUCUOGLU IS THE ASSISTANT CITY MANAGER OF THE CITY OF TAMARAC RIGHT NOW. THERE IS A SUCCESSION PLAN IN PLACE. IF THE CITY MANAGER IS MOVING ON, HISTORICALLY, THE ASSISTANT CITY MANAGER STAYS IN INSTEAD. THAT IS THE SUCCESSION PLAN THAT WE'RE ASKING FOR. >> I UNDERSTAND THAT PART. I TOTALLY ADMIRE LEUVEN BECAUSE HE'S A TECHNOLOGY GUY. HE'S BEEN IN THE CITY FOR 30 YEARS. I KNOW HE'S MORE THAN CAPABLE. BUT GIVEN TIME FRAME AND DEADLINES FOR CONTRACT, I'M NOT UNDERSTANDING THAT PART OF IT. >> WE ONLY HAVE A SHORT WINDOW. MS. GUNN'S CONTRACT EXPIRES ON MARCH 3RD. MS. GUNN HAS MADE IT CLEAR THAT SHE'S MOVING ON. ON MARCH 3RD, WE DON'T HAVE A CITY MANAGER IF WE DON'T TAKE ACTION OR TAKE ACTION SOON. MARCH 3RD IS THE HARD-SET DEADLINE THAT MS. GUNN WILL BE GONE. IF WE DON'T TAKE ACTION NOW UNDERSTANDING THAT WE'RE NOT HERE OVER THE HOLIDAYS, OUR NEXT MEETING IS A SECOND WEEK IN JANUARY. IF WE DELAY THIS AND MOVE TO JANUARY, WE HAVE YET A SHORTER WINDOW. THE TIME TO MAKE A CHANGE AND SAY WHAT WE WANT TO DO IS NOW. I BELIEVE THAT THE BEST PERSON TO BRING STABILITY TO THE CITY OR TO KEEP THAT STABILITY IS LEUVEN. IF THIS COMMISSION WANTS TO GO OUT AND FIND AND START TO SEARCH FOR A NEW CITY MANAGER, ABSOLUTELY, WE CAN. IT'S OUR PROCESS. THIS IS SIMPLY WHAT WE ARE ASKING THE CITY TO DO. THIS IS OUR PROCESS. [OVERLAPPING] >> HERE'S A POINT OF CLARIFICATION AND POINT OF ORDER. IT IS OUR PROCESS. WE CAN QUITE WELL DISCUSS THIS AGAIN IN JANUARY. THE CITY MANAGER IS HERE TO MARCH IF WE NEED TO ASK HER TO EXTEND SHE CAN IF SHE WOULD OR WHAT NORMALLY WOULD HAPPEN IF MS. GUNN IS NO LONGER HERE BECAUSE IT'S MARCH 3RD? [05:55:04] WE HAVE OUR ASSISTANT CITY MANAGER AUTOMATICALLY FILLS THE ROLE AS THE INTERIM CITY MANAGER UNTIL THE CONTRACT IS FINISHED BEING NEGOTIATED. WE HAVE DONE THAT WITH OUR CURRENT TRANSFER INTO MS. GUNN. THERE ARE OTHER PROCESSES OTHER THAN WHAT IS BEING GIVEN TO YOU TONIGHT. IF THERE'S A DESIRE TO MOVE THIS FORWARD TO DISCUSS AGAIN ON THE FIRST MEETING IN JANUARY OR IF THERE'S A DISCUSSION IF THE CONCERN IS THE TIME FRAME THAT IS BEING FORCED ONTO THE CITY MANAGERS CONTRACT BUT NOT ON THE CITY ATTORNEY'S CONTRACT FOR THE FACT THAT THE INEQUITY IN THIS COMMISSION AT THIS TIME WANTS TO BE DISCUSSED FURTHER IT CAN BE. IT DOES NOT HAVE TO BE DONE TONIGHT BECAUSE ONE PERSON SAYS SO. >> YES, I WOULD LIKE TO DISCUSS FURTHER VICE MAYOR BOLTON FOR THIS PARTICULAR PART. >> YOU CAN TABLE THE ITEM ANYTIME BUT THEN AGAIN, IT'S NOT A MOTION IT'S A DISCUSSION WORKSHOP ITEM. IT COULD JUST BE CALLED TO QUESTION IF THERE'S NO FURTHER. >> MAYOR, TO THE EXTENT THAT THERE IS A MOTION AND A SECOND ALREADY AND THAT WE'RE HAVING DISCUSSION. >> ACTUALLY THERE IS A MOTION, SO YOU COULD DO A MOTION TO TABLE ACTUALLY. >> LEUVEN IS A GREAT PERSON WITH INSTITUTIONAL KNOWLEDGE. I BELIEVE THAT HE HAS THE ABILITY TO MOVE THE CITY FORWARD. WE CAN AUTHORIZE LEUVEN BEING THAT PERSON THAT WE NAME TO BE CITY MANAGER AS OF TONIGHT. THEN WHEN HIS CONTRACT COMES SOMETIME BEFORE FEBRUARY 8TH IF WE'RE NOT IN AGREEMENT WITH THAT CONTRACT, THEN AT THAT TIME WE CAN SAY MAKE THE CHANGES THAT WE WANT TO MAKE OR REPLACE A PERSON. BUT RIGHT NOW, TIME IS OF THE ESSENCE AND I THINK WE HAVE TO MOVE FAST ON THIS. I'D REALLY APPRECIATE YOUR SUPPORT TO MOVE THIS ITEM STABLE AND FEEL LIKE THEY HAVE A MANAGER WHO THEY CAN RELY ON, INSTEAD OF FINDING SOMEBODY BRAND NEW THAT NOBODY KNOWS. >> VICE MAYOR, ARE YOU SAYING YOU'RE NOW REMOVING THE TWO-YEAR RESTRICTION THAT YOU'VE PUT INTO YOUR MOTION FOR THE CITY MANAGER'S CONTRACT? ARE YOU REMOVING THAT ITEM? >> MAYOR, I THINK THAT THE TWO-YEAR IS INSTITUTED BECAUSE TWO YEARS FROM NOW WOULD HAVE BEEN AFTER THE 2024 ELECTION. I BELIEVE THAT A NEW COMMISSION AT THAT TIME SHOULD MAKE A DECISION AS TO WHO THEIR CITY MANAGER IS. THE COMMISSIONER FROM DISTRICT 3 HAS MADE IT CLEAR THAT HE WILL WORK AGAINST ME IN MY NEXT REELECTION. >> THIS IS NOT ABOUT YOU, VICE-MAYOR. >> I'M SAYING THAT MAYBE IN 2024, IF HE HAS HIS WAY, THERE IS A NEW COMMISSION AND THAT COMMISSION SHOULD BE ABLE TO SAY WHO THEY WANT TO CONTINUE AS CITY MANAGER. IT IS MAKING SURE THAT THERE'S A PROCESS OF HAVING A NEW COMMISSION DECIDE WHEN TWO YEARS HAVE COME, JUST LIKE HOW WE'RE DOING WITH MS. GUNN RIGHT NOW. >> VICE MAYOR, BASICALLY, BECAUSE YOU'RE JUST CONTINUING ON AT THIS POINT, AS YOU'VE SAID BEFORE EARLIER THIS EVENING, THAT THE PROCESS IS OURS AND WE CAN HIRE AND FIRE FOR THE CITY ATTORNEY AND CITY MANAGER ANYTIME WE WANT WHEN WE PROPERLY PUT IT ON THE DAY. WE DON'T HAVE TO WAIT FOR TWO YEARS. QUITE HONESTLY, OUR CONTRACTS HAVE BEEN FOR LONGER VERSUS HAVING PEOPLE THINK THAT IT HAS TO BE A TWO OR THREE-YEAR TERM. IT REALLY DOES NOT. THE LONGEVITY DOES NOT USUALLY GO THAT WAY. IT USUALLY IS A LONGER PERIOD OF TIME WITH THE OPTION TO REVIEW EVERY YEAR AND THEN CANCEL IF WE WISH OR RENEGOTIATE. >> HOW LONG WAS MS. GUNN'S? >> I'M NOT SURE IF SHE WAS AT SEVEN YEAR. HOW LONG WAS YOURS? FIVE YEARS, 10 YEARS. >> EIGHTEEN MONTHS. >> TEN YEARS? WHAT WAS YOURS? >> MY CONTRACTOR? >> YEAH. >> FOR CITY MANAGER. >> IT WAS THE ORIGINAL, IT WAS ABOUT 15 MONTHS WITH TWO ONE-YEAR RENEWAL POSSIBILITIES. >> PRIOR YEAR. PRIOR CITY MANAGERS WERE LONGER [OVERLAPPING] >> CAN WE GIVE HIM THE SAME ONE? BECAUSE IT SEEMED TO ME NONE OF US IS IN DISAGREEMENT WITH THE ASSISTANT CITY MANAGER. IT'S THE TIME FRAME OR THE PROCESS. >> WE SHOULDN'T BE NEGOTIATING THE TERMS AT THIS TIME FROM HERE BECAUSE WE DON'T EVEN KNOW WHAT THE EVENT WAS LIKE. >> THAT DOESN'T MATTER THEN? >> NO, IT REALLY DOESN'T. >> HE WILL GET THE POSITION REGARDLESS. >> WELL, I THINK HE WON'T ACCEPT THE POSITION. >> MEANING THAT YOU SAID HE WOULD STEP IN. >> YOU'D BE AN INTERIM STEPPING IN IF WE NEEDED HIM. [OVERLAPPING] IT WON'T BE THAT HE GETS THE POSITION [INAUDIBLE] >> I DON'T THINK I'VE EVER HEARD ANY NEGATIVITY FROM ANYONE REGARDING HIM. >> BUT MY THING IS, WHAT ABOUT OTHER STAFF WHO MIGHT BE QUALIFIED? WHAT ABOUT THAT PROCESS? [06:00:01] >> BUT THEY'RE NOT THE ASSISTANT CITY MANAGER. >> THERE'S A SUCCESSION PLAN IN PLACE. >> ON THIS PARTICULAR ONE THERE'S A SUCCESSION PLAN IN PLACE. YOU'RE RIGHT THOUGH, COMMISSIONER, I WILL ALSO BRING IT BACK TO WHY IS IT OKAY TO HAVE AN OPENING FOR PLANNING PURPOSES FOR THE CITY MANAGER BUT NOT FOR THE CITY ATTORNEY? WHY ARE WE NOT DOING THE SAME THING FOR BOTH THEN? >> WELL, CAN'T WE FIGHT THE CITY ATTORNEY IF HE DOESN'T WORK WELL? WE CAN GET RID OF HIM. WE CAN VOTE. >> UNDERSTAND THE CONSEQUENCE. I'M SORRY. I DON'T MEAN TO SAY IT THAT WAY. I DON'T KNOW IF YOU UNDERSTAND THE CONSEQUENCES OF HIRING A CITY ATTORNEY, HAVING THEM THE PROCESS AND HAVING ALL THE LITIGATION, ALL THE ITEMS IN THE OPEN FILES AND ALL THE CATCHING UP THAT HAS TO BE DONE, AND ALL THE EXPENSE THAT IT WILL COST THE CITY TO HAVE THAT ATTORNEY DO THAT, AND THEN TO HAVE TO GO THROUGH AND THEN JUST TO FIRE. IT'S NOT THAT EASY DESPITE WHAT HAS BEEN SAID HERE EARLIER TODAY. SO THAT YOU CAN ALWAYS DO A MOTION FOR RECONSIDERATION BECAUSE YOU ARE ON THE WINNING SIDE OF AN ITEM. BUT ANYWAY, THE FACT OF THE MATTER IS, WE'RE NOT HANDLING THESE TWO VERY IMPORTANT POSITIONS EQUITABLY FOR THE BENEFIT OF THE CITY. I DO THINK THAT WE'RE NOT ALLOWING STAFF TO DETERMINE WHETHER OR NOT THEY WANT TO HAVE. BUT THEY ALSO DO KNOW THAT IN SUCCESS AND PLANNING WHEN IT COMES TO THIS POSITION, THAT IS USUALLY THE WAY IT GOES ON THIS POSITION. WE DON'T HAVE SUCCESSION PLANNING WITH OUR CITY ATTORNEY BECAUSE OUR CITY ATTORNEY IS AN OUTSIDE PERSON. >> COMMISSIONER WRIGHT, I THINK THAT TWO YEARS IS FAIR BECAUSE IT GIVES A NEW COMMISSION THE ABILITY TO RECONSIDER THAT DECISION WITHOUT ANY FORM OF IMPLICATION OF COST, AND THAT'S THE STUFF. I THINK THAT IT IS FAIR AND IT IS STANDARD. IN THE NEGOTIATION PROCESS, IF LEUVEN BELIEVES THAT HE NEEDS MORE THAN TWO YEARS, THAT WILL COME BEFORE US AS A DISCUSSION ITEM SOMETIME BEFORE FEBRUARY 8TH. >> SEE, I DISAGREE THAT THAT DOESN'T FEEL LIKE THAT IS THE OPPORTUNITY BEING GIVEN HIM TO DISAGREE WITH THE TERM OF IT. BECAUSE IT IS BEING SAID IN EMOTION THAT YOU WILL HEREBY ACCEPT THE ROLE OF THE CITY MANAGER FOLLOWING THESE SPECIFIC TERMS. ALL OTHER ITEMS YOU CAN NEGOTIATE, NOT YOUR TIME FRAME. WE ARE PUTTING TOO MUCH RESTRICTIONS ON IT. I WAS GOING TO ASK LEUVEN IF YOU WANTED TO COME FORWARD AND YOU DO NOT HAVE TO FEEL DEMOLISHED. >> I AGREE WITH YOU TOTALLY INTO EQUITY. IF WE DID IT FOR THE PREVIOUS ONE, I THINK WHATEVER MS. GUNN CONTRACT WAS, WE SHOULD OFFER HIM THE SAME THING. HE SHOULDN'T GET ANY LESS. WHATEVER HER CONTRACT STATED, WE SHOULD AT MINIMUM OFFER HIM THAT JUST LIKE YOU DID WITH THE CITY ATTORNEY TO MAKE IT ALL FAIR. I THINK WE'RE ALL IN UNISON THAT HE WILL MAKE A GREAT CITY MANAGER. YOU HAVE A LOT OF WORDS TO YOUR MOTION AND I THINK THAT'S THE PROBLEM IF YOU COULD KEEP IT SIMPLE. >> I UNDERSTAND THAT, DR. DANIEL. WE'RE OFFERING LEUVEN MORE THAN WHAT WE OFFERED MS. GUNN AT THIS TIME. MS. GUNN HAD 15 MONTHS, WE'RE OFFERING MR. SUCUOGLU, 24 MONTHS, LEUVEN, IF YOU WOULD, PLEASE, AS A MAYOR, LET US KNOW IF YOU ARE COMFORTABLE WITH TWO YEARS? >> I AM. >> YOU ARE? >> YES, SIR. >> THANK YOU. >> COMMISSIONER, WRIGHT. >> I'M DEFINITELY IN SUPPORT OF THE ASSISTANT CITY MANAGER BECOMING CITY MANAGER, BUT I DON'T THINK I'M COMFORTABLE WITH US NEGOTIATING THE TIME FRAME AT THIS TIME. >> AT THIS TIME. WHO SECONDS THE MOTION? I DID NOT WRITE IT DOWN. WHO SECOND THE MOTION? >> DR. DANIEL. >> DR. DANIEL DID. WE CAN EITHER KILL THE MOTION NOW AND IT CAN BE REITERATED OR YOU CAN ASK FOR A FRIENDLY AMENDMENT TO THE MOTION SAYING TO REMOVE THE TIME FRAME AND ALLOW LEUVEN SUCUOGLU, OUR ASSISTANT CITY MANAGER, NEGOTIATE HIS CONTRACT WITH THE CITY ATTORNEY AND BRING THAT CONTRACT BACK TO US. >> THE MOTION IS, AS STATED, WITH A FRIENDLY AMENDMENT TO REMOVE THE TWO-YEAR OPTION. >> DO YOU SET THAT FRIENDLY AMENDMENT IS ACCEPTED? >> LET ME CLARIFY. HE'LL BE THE CITY MANAGER ONCE MS. GUNN LEAVES. [06:05:03] >> PROVIDED THE NEGOTIATED CONTRACT IS AGREEABLE TO HIMSELF INTO THE CITY AT OUR FEBRUARY 8TH MEETING BECAUSE IT'S TIME CERTAIN. >> IT'S NOT OPEN FOR ANYONE ELSE TO GET AN OPPORTUNITY WHO WAS A PART OF THE STAFF? >> NO. >> BECAUSE THERE'S A SUCCESSION PLAN. >> THE ANSWER IS YES OR NO. THE ANSWER IS NO. THE ANSWER IS YES OR NO. >> IT IS THAT WAY BECAUSE THERE'S A SUCCESSION PLAN. MS. GUNN HAS SAID THAT SHE BELIEVES THAT LEUVEN SUCUOGLU IS WELL CAPABLE OF MOVING THE CITY FORWARD WHEN SHE GETS. >> YOU MENTIONED VICE MAYOR BOLTON. >> IT'S NOT ABOUT CAPABILITY. I KNOW HE'S MORE THAN CAPABLE. LIKE I SAID, HE'S IT GUYS SO WE SPEAK THE SAME LANGUAGE [LAUGHTER] BUT IN JUST IN TERMS OF THE PROCESS OF OTHER STAFF AND OTHER PEOPLE WHO MIGHT FEEL LIKE THROWING THEIR HAT IN THE RING. >> THEN YOU KNOW WHAT, COMMISSIONER WRIGHT, YOU HAVE EVERY RIGHT TO VOTE NO. THIS IS NOT THE WAY THE CITY IS SUPPOSED TO BE OPERATING. IF YOU DO NOT FEEL COMFORTABLE WITH AN ITEM, YOU VOTE NO. >> MADAM MAYOR, POINT OF ORDER. IF WE VOTE YES ON THIS AND DURING THE PROCESS OF NEGOTIATION, MR. SUCUOGLU BELIEVES THAT THERE IS A STAFF MEMBER OR WE BELIEVE THAT THERE'S A STAFF MEMBER THAT IS INTERESTED IN THE POSITION, BETWEEN NOW AND FEBRUARY 8 THAT STAFF MEMBER SHOULD STEP UP AND WE WOULD MAKE THAT A PART OF THE NEGOTIATION PROCESS. >> POINT OF ORDER. ONE OF THE MANY REASONS WE HAD A BIG CLUSTER POOP WITH THE LAST PROCESS WITH THE CITY ATTORNEY IS BECAUSE WE GO OUT AND SAY ONE THING OUT OF THE SIDE OF OUR MOUTH AND WE'RE SAYING WE'RE HIRING AN INTERIM ATTORNEY AND THE INTERIM ATTORNEY CANNOT APPLY FOR THE FULL-TIME POSITION. THEN YET WE PUT THE INTERIM ATTORNEY IN HERE AND SOMEHOW THROUGH SOME WHATEVER NIGGLING, ALL OF A SUDDEN IN THE MIDDLE OF A MEETING, WELL, WE CHANGED OUR MINDS AND WE FLOP OVER TO FULL-TIME. YOU'RE NOW SAYING TO PEOPLE IN A PROCESS, WE'RE GOING TO SAY, MR. SUCUOGLU, THIS IS YOURS. BUT HOWEVER, IF SOMEBODY DECIDES IN THE NEXT MONTH, THEY WANT TO JUMP THEIR HAT IN THE RING, WE'RE GOING TO LET THEM IN TOO. WHAT PROCESSES THIS? HOW UNORGANIZED ARE WE? >> NO, I AGREE WITH YOU. IT SHOULD BE, WE SAID IT'S HIS, IT'S HIS. I HAVE ALL CONFIDENT THAT HE CAN DO THE JOB. I TOTALLY AGREE. BEING AN ASSISTANT IS TRAINING FOR THE JOB. NO OFFENSE. I THINK EVERYBODY HERE IS GREAT. IT'S A BEAUTIFUL ORGANIZATION. BUT HE'S THE ASSISTANT. NO ONE HAS BEEN IN THAT JOB. YOU BECOME THE ASSISTANT THEN YOU BECOME THE MANAGER. THIS ONE IS EASY TO ME. I'M SORRY. >> YOU'VE REMOVED THE TWO-YEAR TERM? >> YES. >> CAN YOU REREAD? >> MOTION TO APPOINT LEUVEN SUCUOGLU AS PERMANENT CITY MANAGER EFFECTIVE IMMEDIATELY ON THE EXPIRATION OF THE CURRENT MANAGER'S CONTRACT. THE CITY ATTORNEY'S OFFICE WILL ENTER INTO NEGOTIATIONS WITH LEUVEN SUCUOGLU. MR. SUCUOGLU'S CONTRACT SHALL COME FOR FINAL APPROVAL BEFORE THE CITY COMMISSION NO LATER THAN FEBRUARY 8, 2023, ALLOWING FOR AMPLE TIME TO MAKE CHANGES, IF ANY, AHEAD OF THE MARCH 3RD DEADLINE. >> UNDERSTOOD. CLEAR, ARE WE GOOD ON THAT PART? >> COMMISSIONER VILLALOBOS. >> CITY MANAGER. WHAT IS YOUR FEELING ON THIS? BECAUSE YOU'RE BEING TOLD YOU'RE GOING TO BE LEAVING ON MARCH BY COMMISSIONER BOLTON. ARE YOU WISHING TO LEAVE IN MARCH, SOONER, YOU WANT TO EXTEND IT? ANY COMMENTS FROM YOU? >> I AM PREPARED TO HONOR THE CONTRACT THAT I ENTERED INTO, WHICH STATES THAT I AM HERE UNTIL MARCH 3RD. >> THAT'S ALL. >> CITY CLERK. PLEASE CALL THE ROLL. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER WRIGHT? [06:10:03] >> YES. >> VICE MAYOR BOLTON? >> YES. >> DR. DANIEL? >> YES. >> COMMISSIONER VILLALOBOS? >> NO. >> MOTION PASS FOUR TO ONE. THANK YOU. >> THANK YOU. CONGRATULATIONS AND WE LOOK FORWARD TO GETTING YOUR CONTRACT. I'M GOING TO MAKE ONE LAST COMMENT ON THIS JUST TO PUT IT ON THE RECORD BECAUSE WE CAN'T TALK ABOUT THIS IN PRIVATE. COMMISSIONER DANIEL, I THINK THERE WAS A COMMENT THAT WAS NOT FULLY UNDERSTOOD, OR MAYBE I DIDN'T UNDERSTAND IT AND I'M JUST GOING TO CLARIFY IT. YOUR COMMENT IS YOU FEEL YOU'RE JUSTIFYING A RIGHT THAT YOU THINK WAS DONE WRONG. HOWEVER, THE PROBLEM WITH THIS PROCESS THAT HAS HAPPENED TONIGHT IS YOU HAVE HAD NO INFORMATION THAT I'M AWARE OF TO EVEN KNOW IF YOU ARE CORRECTING A RIGHT THAT WAS WRONG OR WRONG THAT WAS RIGHT. YOU ARE GOING SPECIFICALLY BY SOME VERBAL COMMENTARY THAT WAS PROVIDED TO YOU THIS EVENING VERSUS IT BEING SOMETHING YOU HAVE YOUR OWN ABILITY TO READ, TO PROCESS, DIGEST, AND DISCUSS. THAT IS WHY I MADE THE COMMENTS THAT I DID THAT I FEEL I'M DISAPPOINTED THAT I UNDERSTAND WHERE YOU ARE COMING FROM AND WHY YOU ARE GOING TO SAY WHERE I'M COMING FROM. >> I APPRECIATE YOU SAYING THAT BECAUSE DURING THE LECTURE WE DID HAVE A DISCUSSION. I DID TELL YOU HOW I FEEL SO DON'T TAKE IT PERSONAL. >> NO, IT'S NOT PERSONAL. >> IT'S JUST I WAS HURT BY THAT COMMENT. >> NO. IT'S NOT MEANT TO HURT YOU. IT'S MEANT TO SHARE WITH YOU THAT I FEEL THAT YOU HAVE BEEN THROWN INTO A PROCESS. I FEEL THAT UNFORTUNATELY, YOUR EDUCATION IS NOT THERE YET. YOU HAVE MADE A SUBSTANTIAL DECISION. A VERY BIG DECISION THAT YOU MAY THINK IS EASY WITHOUT REALLY ASKING ANY MORE QUESTIONS TO KNOW THAT YOUR STUFF MAY NOT BE AS EASY AS YOU ARE. >> BUT REMEMBER AS WELL. I GOT THE EMAIL WITH THE INFORMATION FROM THE SENIOR MANAGER. >> BUT IT WASN'T DIRECTED TO THIS ITEM. I'M JUST SAYING MY COMMENT AND WE'RE DONE WITH IT. IT'S JUST I'M SHARING WITH YOU. >> I APPRECIATE IT, MAYOR. THANK YOU SO MUCH. >> THANK YOU. WE ARE NOW MOVING ON TO 10C. [10.c Discussion and possible motion to clarify or change seating and office positions] DISCUSSION IMPOSSIBLE MOTION TO CLARIFY OR CHANGE SEATING IN OFFICE POSITIONS. COMMISSIONER BOLTON. >> THANK YOU, MAYOR. IT WAS NOT TOO LONG AGO THAT COMMISSIONER WRIGHT AND COMMISSIONER DANIEL WERE SWORN IN AS COMMISSIONERS OF THE CITY. JOYOUS THING. I WAS HERE TO WITNESS DR. DANIEL PROUDLY TAKING HER SEAT ON THE DAIS. I WAS ALSO HERE TO PROUDLY WITNESS, COMMISSIONER WRIGHT, TAKING HIS SEAT ON THE DAIS, THAT THOSE WERE THE SEATS THAT THEY TOOK. NOW IT SEEMS WITHOUT COMMISSION APPROVAL THAT COMMISSIONER VILLALOBOS HAS DECIDED TO SWITCH SEATS WITHOUT HAVING THE APPROVAL OF THIS BODY. HE JUST TOOK THAT SEAT KNOWING THAT COMMISSIONER WRIGHT HAD SAT IN THAT SAME SEAT THAT HE'S SITTING IN TONIGHT ON THE DAY THAT HE WAS SWORN IN. I THINK THAT IT IS DISRESPECTFUL. I THINK THAT IT IS WRONG. IT IS NOT A LITTLE PROCESS. IT IS NOT CHILDISH. I THINK IT'S A MATTER OF RESPECT THAT IF SOMEBODY HAS A SEAT, YOU JUST DON'T TAKE IT. IT'S LIKE GOING TO SCHOOL WITH LUNCH AND SOMEBODY STEALING YOUR LUNCH TO EAT. I BELIEVE THAT THIS COMMISSION SHOULD DECIDE WHERE WE SIT. IF IT'S A MATTER OF SENIORITY. I HAVE BEEN HERE LONGER THAN COMMISSIONER VILLALOBOS. I'VE NOT ASKED TO CHANGE MY SEAT. I'M IN THE SEAT THAT I'M AT. COMMISSIONER PLACKO VACATED THAT SEAT. DR. DANIEL GOT THAT SEAT. COMMISSIONER GELIN VACATED HIS SEAT THE DISTRICT 2 COMMISSIONER, SHOULD RECEIVE THAT SEAT. THAT'S THAT FOR SEEDING POSITIONS. [06:15:02] IT WOULD BE UNFAIR OF ME TO BRING A SENIORITY CARD TO SAY, I'VE BEEN HERE LONGER THAN COMMISSIONER VILLALOBOS, SO I NEED HIS OFFICE. I BELIEVE THAT HE GOT HIS BROTHER TO COME AND REPAINT THE OFFICE AND DO ARTWORK. >> COMMISSIONER VILLALOBOS, PLEASE LET HIM FINISH. IT DOESN'T MATTER. WE'LL GET THERE. COMMISSIONER VILLALOBOS, LET HIM FINISH THIS ONE ITEM SO WE CAN POSSIBLY JUST GET OUT OF HERE SOMETIME BEFORE THE 16TH. >> I MISSPOKE. THAT WAS NOT YOUR BROTHER, THAT WAS YOUR COUSIN. >> IT DOESN'T MATTER. HIS ROOM WAS PAINTED. IT DOES NOT MATTER AND IT IS IRRELEVANT. VICE MAYOR, PLEASE PROCEED. COMMISSIONER VILLALOBOS, PLEASE. I KNOW HE'S LYING. WE KNOW HE'S LYING. WE KNOW HE'S MAKING STUFF UP. SOME OF US AT LEAST DO. IT'S IRRELEVANT AT THIS POINT IN TIME. PLEASE LET HIM FINISH. IT'S NOT IMPORTANT FOR THE GRAND SCHEME OF THIS FOR RIGHT NOW. PLEASE GO BACK TO THE OFFICE THAT YOU WANTED TO TALK ABOUT. >> IT WOULD NOT BE FAIR TO ASK COMMISSIONER VILLALOBOS FOR HIS OFFICE BECAUSE OF THE EXTENSIVE WORK THAT HE DID IN THAT OFFICE. I DO NOT THINK THAT IT'S FAIR FOR ANYBODY TO MOVE OFFICES. I DO NOT THINK THAT IT IS FAIR FOR THIS COMMISSION TO JUST MOVE SEATS JUST BECAUSE THEY WANT THE SEAT. I THINK THAT IS UNFAIR. I THINK THAT COMMISSIONER WRIGHT SHOULD REVERT TO HIS SEAT, AND I BELIEVE THAT COMMISSIONER VILLALOBOS SHOULD REVERT TO HIS SEAT. >> THANK YOU. I'M GOING TO TAKE THE FLOOR NEXT. THE FACT OF THE MATTER IS THIS, THIS COMMISSION DOES NOT VOTE ON OFFICES, IT DOES NOT VOTE ON SEATING. BY THE WAY, WE ARE PLACED HERE TO THE CITY MANAGER'S OFFICE WHO HAS CONTROL OVER ADMINISTRATIVE FUNCTIONS OF THIS CITY, AND FOR HISTORICAL KNOWLEDGE AND PURPOSES, AND I BELIEVE COMMISSIONER VICE MAYOR BOLTON IS AWARE OF THIS BECAUSE HE'S BEEN HERE FOR THIS. WHAT HAPPENS IF YOU WANT TO SWITCH OFFICES? THE ONLY TIME YOU SWITCH OFFICES IS FOR THE PERSON, IF THERE'S A VACATED OFFICE, ANYBODY IN THE OFFICES WHO ARE STILL IN OFFICE CAN SAY, I WANT TO MOVE TO THAT OFFICE THAT IS VACANT. YOU CANNOT SWITCH INTO SOMEBODY'S OFFICE THAT IS OCCUPIED. THERE WAS NOBODY WHO ASKED, AS FAR AS I UNDERSTAND, TO SWITCH OFFICES PRIOR TO THE SEATING OF THE TWO NEW COMMISSIONERS. SO THEREFORE, NO OFFICES HAVE BEEN MOVED. OFFICES ARE OFF THE TABLE FOR DISCUSSION FOR THE REST OF THIS EVENING. IT SEEMS TO HAVE NO PURPOSE. AS FAR AS SEATING ON THE DAY IS, THE SEATING ON THE DAY HAS SWITCHED AROUND OTHER THAN THE SEAT, THE SEATING ON THE DAY HAS JUST SWITCHED AROUND SEVERAL TIMES BY THE CITY MANAGER AND THEN WHEN THE LAST COMMISSION WAS PUT IN. BUT HOWEVER, FOR CONFIRMATION PURPOSES, THE CITY MANAGER WAS ASKED BEFORE THE TWO NEW COMMISSION PEOPLE WERE SEATED TO HAVE THIS SEAT MOVED. IT WAS A RARE OCCASION WHEN WE ACTUALLY HAD BOTH COMMISSIONERS SHOW UP TO THE SWEARING-IN CEREMONY. WHICH IS WHY YOU ASSUME THEIR SEATS WHILE THEY WERE HERE. BECAUSE TRADITIONALLY, THE PEOPLE HAVE NOT BEEN HERE OR THEY'VE BEEN OFF THE DAYS WHEN YOU'VE COME UP. THE PERSON WHO IS ASKED TO MOVE THEIR SEAT HAS BEEN PUT INTO THAT VACANCY BECAUSE YOU DON'T OWN THE SEAT. YOU DON'T HAVE A TITLE. THIS IS IN SECTION 2, DISTRICT 2 AND THIS ISN'T DISTRICT 4 AND THAT ISN'T DISTRICT 1. THAT HAS THE WAY IT'S ROLLED. IT'S MY UNDERSTANDING THAT COMMISSIONER VILLALOBOS HAD ASKED TO SWITCH HIS SEAT. >> THAT'S CORRECT. >> IT HAPPENS TO JUST BE THIS IS OUR FIRST MEETING HERE WHICH IS WHY HE IS SEATED THERE, WHICH IS DIFFERENT THAN THE DAY YOU WERE INTRODUCED TO THE COMMISSION ON THE CEREMONIAL DAY. IT IS NOT A COMMISSION POLICY, THE REST OF THE CITY DOES NOT RUN BECAUSE WE HAVEN'T PUT A POLICY ON HOW WE ARE SEATED ON THE DAYS. >> COMMISSIONER, PARDON. COMMISSIONER WRIGHT YOU HAD [OVERLAPPING] >> I HAVE NO OBJECTION WITH THE SEAT CHANGE. >> I APPRECIATE THAT. >> SEEING THAT THERE'S NO PROBLEM ON THE DAIS FOR THE PEOPLE THAT ARE AFFECTED BY IT, [06:20:05] I BELIEVE THIS CONVERSATION IS OVER AND IF WE ACTUALLY WANT TO TALK ABOUT POSITIONS AND SEATING ON THE DAYS. LADIES AND GENTLEMEN, I'D LIKE TO KNOW WHEN WE'RE GETTING RID OF THIS STUFF. IF YOU WANT TO KEEP IT, FINE, BUT I'M A LITTLE TIRED OF GOING BOSTON BY PIECES OF PLASTIC. ANYWAY, THAT ASIDE, MOVING TO THE LAST ITEM, 10D, DISCUSSION AND POSSIBLE MOTION TO CHANGE REGULAR MEETING TIME. ACTUALLY, THIS IS AN ADMINISTRATIVE FUNCTION, NOT A COMMISSION FUNCTION. I WAS BEING FACETIOUS. SO 10D, DISCUSSION AND POSSIBLE MOTION CHANGE, [10.d Discussion and possible motion to change the Regular Meetings time] REGULAR MEETING TIME, COMMISSIONER BOLTON. >> YES, MAYOR. WE HAVE TWO MEETINGS, ONE AT SEVEN O'CLOCK AND ONE AT NINE O'CLOCK. I BELIEVE THAT THE ORDINANCE OR THE RESOLUTION DOES NOT OFFER A TIME. I DON'T REMEMBER. BUT THERE ARE TWO MEETINGS ONE AT SEVEN, ONE AT NINE. I WOULD LIKE TO SEE THAT WE HAVE BOTH MEETINGS AT 07:00 PM. >> CORRECTION TO YOUR ITEM, COMMISSIONER BOLTON, IT IS 07:00 PM. IT'S THE FIRST MEETING OF THE MONTH WHICH ACTUALLY FALLS ON THE SECOND WEDNESDAY, SUCH AS TONIGHT, AND THE FOURTH WEDNESDAY OF THE MONTH WHICH IS OUR SECOND MEETING, IT IS 09:30 IN THE MORNING FOR WHEN THAT WAS DECIDED FOR IT TO START. THAT IS WHAT OUR CURRENT ORDINANCE HAS WHICH SHOULD HAVE BEEN IN OUR BACKUP BECAUSE THAT'S AN EASY ENOUGH ITEM FOR PEOPLE TO HAVE READ. YOU'RE CURRENTLY ASKING THIS COMMISSION TO CHANGE THE SECOND MEETING OF THE MONTH TO BE ALSO A 07:00 PM MEETING. IS THAT WHAT YOU'RE SAYING? >> YES, MA'AM. >> WELL, LADIES AND GENTLEMEN, I'M GOING TO PUT IT OUT THERE. I DO NOT WANT TO CHANGE THE SECOND MEETING FROM 9:30, SO WE CAN HAVE TWO MEETINGS A MONTH THAT WE'LL GO TO. WHAT TIME IS IT NOW? 01:45 AM. ALMOST 02:00 AM. WE HAVE OUR STAFF MEMBERS HERE. WE DO HAVE SOME MEMBERS OF OUR COMMUNITY AND OUR PUBLIC AND BUSINESS HERE, AND WE APPRECIATE THAT YOU ARE. BUT THE REALITY IS, THIS CITY, IF PEOPLE WANT TO WATCH IT, THEY'LL WATCH IT FROM HOME. IF THEY'RE NOT WATCHING IT DURING THE DAY BECAUSE THEY'RE WORKING, THEY'LL WATCH IT IN THE EVENING. YOU KNOW WHAT, WE HAVE PEOPLE THAT WORK AT NIGHT TOO, SO THEY LIKE THE MORNING MEETINGS. THERE'S A REASON WHY WE HAVE THE ABILITY TO HAVE TWO DIFFERENT TIME-FRAMES TO MEET THE DIFFERENT POPULATION THAT WE ARE TRYING TO SERVE FROM ZEROS TO 107 WHO ARE PARTICIPATING. I THINK TO ASK OUR CITY STAFF, AND I'M SORRY, I'M GOING TO USE THIS WORD, TO BE TORMENTED TO STAY TILL TWO O'CLOCK EVERY MEETING, IS JUST REALLY A DISSERVICE AND WE'RE GOING TO ASK OUR BUSINESS COMMUNITY WHO ARE ASKING THEM TO COME TO BUSINESS HERE, TO COME TO STAY AT THESE MEETINGS UNTIL WAY LATE HOURS, I THINK WE SHOULD KEEP IT THE WAY WE'VE HAD IT TO APPEAL TO ALL OF OUR COMMUNITY, 07:00 PM ON THE FIRST MEETING, WHICH IS SET BY OUR STATUTE OR CHARTER AND THEN TO DO OUR 09:30 AM ON THE SECOND MEETING OF THE MONTH WHICH IS THE FOURTH WEDNESDAY OF THE MONTH. UNFORTUNATELY, LADIES AND GENTLEMEN, ON THIS WHEN WE ACTUALLY DO HAVE TO HAVE A MOTION ACCORDING TO OUR ORDINANCES ARE CORRECT. CITY ATTORNEY? >> YES, MA'AM. >> I WILL MAKE A MOTION TO KEEP THE MEETING SCHEDULE AS WE CURRENTLY HAVE IT. DO I HAVE A SECOND? >> SECOND. >> I HAVE A SECOND. NO FURTHER DISCUSSION. CITY CLERK, PLEASE CALL THE ROLL. >> DR. DANIEL. >> CAN YOU EXPLAIN WHAT WE'RE DOING MAYOR? >> [OVERLAPPING] IT'S VERY SIMPLE. IT'S A MOTION TO KEEP OUR SCHEDULE THE WAY IT CURRENTLY IS. >> SO WE HAVE ONE MEETING AT 07:00 PM AND THE OTHER MEETING AT 09:30? >> CORRECT. >> SO IF WE AGREE WITH THAT [OVERLAPPING] >> WRONG ROLL CALL. >> IF WE AGREE WITH THAT, WE SAY YES. IF YOU DISAGREE WITH THAT, WE SAY NO. >> STANDARD PROCEDURE, YES. >> I'M GOING TO SAY NO BECAUSE-. >> THERE'S NO REASON TO GIVE AN ANSWER. IT'S YES OR NO. >> NO. >> COMMISSIONER VILLALOBOS? >> YES. >> VICE MAYOR BOLTON? >> NO. >> MAYOR GOMEZ? >> YES. >> COMMISSIONER WRIGHT? >> NO. >> MOTION FILL 3 TO 2. >> I'D LIKE TO MAKE A MOTION TO MOVE THE SECOND MEETING TIME FROM 09:30 TO 07:00 PM. I'D LIKE TO HAVE A SECOND TO MY MOTION. [06:25:04] >> THIS ITEM FAILS FOR A LACK OF SECOND. >> I SECOND. >> WE FINALLY GOT A SECOND. PEOPLE, WE GOT TO BE A LITTLE BIT MORE ON THE BOARD AS TIRED AS WE ARE. ANY DISCUSSION? I'M GOING TO MAKE A COMMENT. COMMISSIONERS, NEW COMMISSIONERS, YOU CAME ON BOARD KNOWING VERY WELL THAT WE SERVE A CITY WITH A MASS POPULATION OF 72,000 PEOPLE, AND THE SCHEDULE HAS BEEN UP UNTIL THE INTRODUCTION OF A FORMER ATTORNEY, WHO'S NOW OUR CURRENT ATTORNEY. THE GAMES HAVE BEEN PLAYED WITH OUR SECOND MEETING, IT HAS ONLY BEEN DURING THAT TIME THAT THAT SECOND MEETING HAS BEEN MOVED FROM A MORNING MEETING INTO A PM MEETING. YOU KNEW VERY WELL THE CITY YOU WERE SERVING AND THE HOURS THAT IT WAS GOING TO BE. I'M SORRY THAT YOU FEEL THAT THERE NEEDS TO BE A CHANGE AND THERE'S MANY CHANGES ON THE SECOND YOU WALK IN. MY COMMENT. IF THERE'S NOTHING FURTHER I'LL LET YOU COMMON OR I'LL LET YOU VOTE. >> WELL, MY COMMENT WILL BE THE REASON THERE IS A CHANGE IS BECAUSE THERE IS A NEED FOR SOME CHANGE. THERE ARE SOME THINGS THAT WE'RE DOING VERY WELL, BUT AS YOU KNOW, THE AVERAGE AGE FOR THE CITY HAS CHANGED TO 48. ALMOST ALL 48-YEAR-OLDS THAT I KNOW ARE WORKING SO THEY CANNOT ATTEND OR WATCH A MEETING OR PARTICIPATE DURING THE DAYTIME WHEN THEY'RE AT WORK. >> I RESPECT THAT COMMISSIONER DANIEL, AND IF IT WASN'T FOR THE FACT THAT WE HAD ALREADY TRIED IT AND THE FACT THAT WE HAVE A MEETING TONIGHT AT 07:00 PM AND HOW MANY PEOPLE ARE HERE IN THE AUDIENCE, WHO'S HERE? THAT'S THE PROBLEM. >> BUT THEN YOU CAN WATCH IT IF YOU WANT. BUT I'M JUST GOING BY WHAT I'M TOLD, SOME PEOPLE CAN'T. I HAVE THE LUXURY WHERE I CAN TAKE OFF FROM MY WORK AND COME HERE AT 9:30. HOWEVER, EVERYONE CAN'T DO THAT. >> BUT IF THEY'RE WATCHING AT 09:30 PM THEY'RE WATCHING AT 7:00 PM THEY CAN STILL WATCH. THEY CANNOT PARTICIPATE ACTIVELY BECAUSE WE DON'T HAVE. IT'S DIFFERENT WHEN WE HAD IT FOR ZOOM AND WE WERE ALLOWED TO TAKE PARTICIPATION. THERE'S NO PARTICIPATION. THERE'S NOBODY CALLING IN, THERE'S NOBODY WRITING ANYTHING TO US THAT WE CAN TAKE ON HAVING TWO-NIGHT MEETINGS. THAT'S THE REASON WHY THEY'RE STILL WATCHING IT. WHAT DIFFERENCE DOES IT MAKE IF THEY'RE WATCHING IT LATER IN THE DAY WITH US OR WATCHING IT AT THE SAME TIME? THEY'RE NOT PARTICIPATING. THE PURPOSE OF HAVING THE HOURS AND THE DIFFERENTIATION THAT WE HAVE IS FOR PARTICIPATION AND IF THEY'RE NOT GOING TO BE HERE TO PARTICIPATE, BECAUSE MOST LIKELY THEY ARE NOT BECAUSE THEY'RE WORKING AND WE DO HAVE NIGHT SHIFT WORKS TOO, WE'RE NOT MAKING OUR STAFF BE HERE THROUGH ALL HOURS IN THE NIGHT WHEN THEY HAVE TO BE BACK HERE BY 7:30 OR 8:00 O'CLOCK IN THE MORNING. THAT'S A REASON FOR IT. IS TO MAKE SURE WE ARE A LITTLE BIT MORE UNIVERSAL. IF IT WAS TO FILL THE GAP THAT YOU'RE TALKING ABOUT, AND IF IT WORKED, I'D BE ALL FOR IT. BUT THE FACT IS WE HAVE SHOWN THAT IT DOESN'T FILL THAT GAP AND IT HAS NOT WORKED. ANYWAY, IF THERE'S NOTHING FURTHER, WE WILL DO A CALL OF THE QUESTION. ARE YOU LIFT FOR AN ANSWER OR LIVE FOR COMMENTS? >> COMMISSIONER DANIELS, I KNOW THAT YOU'RE A PRINCIPAL AND IN THE DAYTIME, YOU ARE DEFINITELY HELPING OUR KIDS IN THE COMMUNITY, SO THE NEW SCHEDULE PROBABLY IT WOULD WORK BETTER IN YOUR FAVOR. >> LIKE I SAID, I HAVE AMPLE TIME THAT I CAN TAKE OFF. IT'S NOT GOOD, BETTER, OR WORSE BECAUSE NOW I'M AWAY FROM MY FAMILY JUST LIKE YOU ARE. EITHER WAY, SOMETHING SUFFERS AND EITHER WAY SOMETHING BENEFITS. >> AFTER HEARING MAYOR GOMEZ'S COMMENT, WOULD YOU BE OPEN TO 01:00 IN THE MORNING AND 1:00 IN THE EVENING? NO. COMMISSIONER DANIELS. >> THAT'S NOT THE OPTION THOUGH, JUST SO YOU KNOW, I'M NOT TRYING TO POINT OF CLARIFICATION. THE ONE THAT'S FIRST MEETING. >> DO WE WANT A TABLE IT THEN? BECAUSE I'M OKAY EITHER WAY. >> NO, UNFORTUNATELY, IN THIS ONE WE CAN'T. THE PROBLEM IS OUR ORDINANCE SAYS WE HAVE TO DECIDE BY THE DECEMBER MEETING AND THIS IS ONLY DECEMBER MEETING. THE THING IS ALSO IN THAT ORDINANCE IT'S NOT IN YOUR BACKUP, THAT SHOULD HAVE BEEN IN YOUR BACKUP. WE HAVE NO CONTROL OVER THE FIRST MEETING OF THE MONTH, THAT'S SET. THE ONLY ONE WE HAVE CONTROL OVER BY ORDINANCE IS THE SECOND MEETING, WHICH IS THE ONE THAT USED TO BE AT 9:00 O'CLOCK THEN IT GOT MOVED TO 7:00, THEN IT CAME BACK ONLY LAST YEAR TO BE BACK AT 9:30 BECAUSE IT WAS BETTER OPERATIONS OF THE CITY. BECAUSE THE ORDINANCE SAYS THAT WE HAVE TO DECIDE BY THE END OF DECEMBER AND WE ONLY HAVE ONE MEETING THIS MONTH, WHICH IS THE REASON WHY THAT MEETING NEEDS TO BE DECIDED. IT'S ONLY WHETHER THAT 9:30 MEETING CHANGES OR NOT, THE FOURTH WEDNESDAY OF THE MONTH AND THE TIME FRAME FOR THAT ONE. THAT'S THE REASON FOR IT. >> AGAIN, EITHER ONE WORKS FOR ME. I KNOW THAT'S WHAT MR. WRIGHT WAS ASKING BECAUSE OF THE JOB I HAVE. EITHER ONE THERE'S A BENEFIT, EITHER ONE THERE'S A SACRIFICE. I'M SAYING BASED ON THE CLIENTELE AND A CHANGE IN [06:30:04] OUR COMMUNITY AND THE YOUNGER OUR COMMUNITY IS GETTING AND WE WANT THEM MORE INVOLVED, THEN IT'S MORE LIKELY THAT THEY WILL BE MORE INVOLVED IF WE HAVE LATER MEETINGS. BECAUSE THEY'RE WORKING PEOPLE AND MOST PEOPLE DO WORK IN THE DAY AND NOT AT NIGHT. IT'S JUST WHAT IT IS. >> AS A POINT OF CLARIFICATION, OUR AVERAGE AGE WAS DOWN TO 48, 20 YEARS AGO, ACTUALLY IT WAS 49, THEN 10 YEARS AGO IT WENT TO 48 AND WE'RE BACK TO 49. WE HAVE BEEN WORKING WITH THIS AVERAGE AGE OF 48, 49 FOR THE PAST ALMOST 20 YEARS, FOR THE PAST TWO CENSUSES. THERE HAS NOT SEEMINGLY BEEN A CHANGE, JUST YET. ACTUALLY, IN FACT, WE GET MORE PARTICIPATION OR VIEWING VERSUS PARTICIPATION FOR THE FACT THAT WE ARE ONLINE. THAT PART IS A GOOD THING. WE GET PEOPLE WHO ARE VIEWING THIS, WHETHER THEY'RE WATCHING IT TONIGHT OR WATCHING IT TOMORROW, WATCHING IT IN PIECES, THEY ARE AT LEAST GETTING INVOLVED IN THAT FORM OR FASHION, BUT THEY'RE NOT COMING TO THE MEETINGS. >> CAN I ASK THE CITY MANAGER WHAT THE STAFF PREFERS? >> CITY MANAGER. >> THEY PREFER NOT TO BE HERE AT 2:00 O'CLOCK IN THE MORNING, I CAN TELL YOU THAT MUCH. OTHER THAN THAT, WE HEAR AND WE SERVE AT THE WILL, SO IT'S REALLY A DECISION FOR YOU ALL. >> CITY MANAGER THAT IS A VERY POLITE COMMENT AND NOT ACTUALLY THE QUESTION THAT WAS ASKED OF YOU EITHER, AND WE KNOW THE ANSWER OF THE CITY, SO WOULD YOU PLEASE RESPOND ACCORDINGLY? >> THE STAFF IS GOING TO BE HERE WHEN YOU'RE MEETING. IS IT BETTER FOR PEOPLE THAT IT'S DURING THE DAY, DURING THE WORKDAY? YES. >> THANK YOU FOR ANSWERING THE QUESTION ASKED OF YOU. COMMISSIONER, VICE MAYOR BOLTON? >> MAYOR, WE SERVE THE RESIDENTS OF THE CITY FIRST AND FOREMOST. I UNDERSTAND THAT STAFF HAS FAMILY AND OTHER THINGS TO DO, I HAVE FAMILY AND OTHER THINGS TO DO AS WELL. THEY'RE MAKING A SACRIFICE TO BE HERE, I'M MAKING A SACRIFICE TO BE HERE. AS OUR COMMISSIONER DANIEL SAYS, WHETHER WE MEET IN THE MORNING OR IN THE EVENING, WE'RE SACRIFICING WORK OR WE'RE SACRIFICING FAMILY TIME. FOR ME, FAMILY COMES FIRST, BY THE WAY. THIS HAS NOTHING TO DO WITH STAFF OR LESS TO DO WITH STAFF, BUT MORE TO DO WITH THE RESIDENTS OF THIS CITY THAT HAS ASKED SEVERAL TIMES, WE'VE HAD PEOPLE COME HERE, SPEAK AT THE MICROPHONE, SEVERAL TIMES HAS ASKED FOR THESE MEETINGS TO BE HELD AT NIGHTTIME INSTEAD OF MORNING TIME. WE'RE HERE UNTIL 2:00 O'CLOCK BECAUSE OF OUR DOING. WE TALK TOO MUCH. I THINK THAT IF WE KEEP OUR DISCUSSIONS AT MINIMUM AND READ OUR BACKUP AND VOTE, WE'LL BE OUT OF HERE IN NO TIME. WE DON'T HAVE TO BE HERE AT 2:00 O'CLOCK IN THE MORNING. WE CAN REMOVE SOME OF THE THINGS OFF THE AGENDA, PUT A LOT OF STUFF ON CONSENT, DO OUR WORKSHOPS, MEET WITH STAFF, KNOW WHAT WE'RE DOING SO THAT WHEN WE COME HERE, WE DON'T HAVE TO DISCUSS THINGS AD NAUSEAM LIKE WE DO. WE COULD HAVE BEEN OUT OF HERE 10:00 O'CLOCK TONIGHT, BUT WE TOOK MANY BREAKS. WE DISCUSS THINGS AT NAUSEAM, IT'S NOT FAIR. THE ISSUE IS NOT NECESSARILY STAFF FOR OR THE MEETING. IT'S THE AMOUNT OF TIME WE TAKE. >> VICE MAYOR, IF YOU'RE ALONG THOSE LINES, ACTUALLY, WE COULD HAVE BEEN OUT HERE A LOT EARLIER. WE ONLY TOOK TWO BREAKS AND THE FACT OF MATTER IS HAD YOUR ITEMS ACTUALLY HAD BACKUP, WE WOULD NOT BE HERE UNTIL AFTER 2:00 IN THE MORNING. LET'S TAKE RESPONSIBILITY FOR OURSELVES. >> YES, MAYOR. THAT'S ALSO A PART PROBLEM BECAUSE YOU DEBATE EVERYTHING. >> VICE MAYOR? NO. >> IT'S 2:00 O'CLOCK IN HE MORNING. >> IS THERE A MOTION PENDING THAT WE NEED TO JUST CALL ALREADY. >> WE MOTIONED, I'M INCLINED TO VOTE YES, AND THEN LET'S GO PLEASE. >> THE CITY CLERK WILL READ BACK THE MOTION. >> THE MOTION ON THE FLOOR IS TO MOVE THE SECOND MEETING OF THE MONTH FROM 9:30 AM TO 7:00 PM. >> PLEASE CALL THE ROLL. >> MAYOR GOMEZ. >> NO. >> COMMISSIONER, WRIGHT? >> NO. >> VICE MAYOR BOLTON. >> WE REVERT TO THE FIRST MOTION. YES. [06:35:05] >> DR. DANIEL? >> YES. >> COMMISSIONER VILLALOBOS. >> NO. >> MOTION FAILS. >> MOTION FAILS, 3:2 >> LADIES AND GENTLEMEN, WE NEED A MEETING TIME. UNFORTUNATELY, GETTING UP DOES NOT HELP. I'M SORRY, LADIES AND GENTLEMEN, WE'RE NOT DONE. ON THIS ONE, THIS WAS AN ITEM THAT SHOULD HAVE BEEN ON THE AGENDA. WE NEED TO FINISH THIS ONE BECAUSE BY OUR ORDINANCE UNLESS THE CITY ATTORNEY TELLS US TO JUST ROTATE ON TO THE 9:30 FOR THE NEXT YEAR AND WE DON'T HAVE TO DEAL WITH IT, THEN WE WILL END THIS MEETING WITH PLEASURE. >> IT HAS TO BE BY RESOLUTION. >> SINCE IT HAS TO BE BY RESOLUTION, LADIES AND GENTLEMEN, WE NEED CONSENSUS TO GET THIS RESOLUTION NON-PROTON BECAUSE OF OUR NEXT MEETING FOR HOLDING THE DATE. I WILL REITERATE MY MOTION FOR A 9:30, SECOND MEETING OF THE MONTH AND I WON'T ADD THE OTHER STUFF ON. KEEPING IT THE CURRENT WAY THAT WE CURRENTLY HAVE IT FOR THE YEAR. BUT WE NEED TO FINALIZE IT. I HAVE A SECOND BY COMMISSIONER DANIEL. WAS THAT A SECOND? >> YES. >> IT'S A SECOND BY COMMISSIONER DANIEL. AT THIS POINT IN TIME, CITY CLERK, PLEASE CALL THE ROLL. >> COMMISSIONER VILLALOBOS? >> YES. >> MAYOR GOMEZ? >> YES. >> DR. DANIEL? >> YES. >> VICE MAYOR BOLTON? >> YES. >> COMMISSIONER WRIGHT? >> YES. >> MOTION PASSES 5:0. >> LADIES AND GENTLEMEN, THANK YOU VERY MUCH. IT'S CURRENTLY 2:09. ANYBODY WHO HAD THE WINNING BID OF WHAT TIME WE WOULD END THIS MEETING, IF YOU WERE 2:09 YOU GOT IT, 2:10, SORRY. WISHING EVERYBODY VERY HAPPY HANUKKAH, VERY MERRY CHRISTMAS, VERY HAPPY KWANZAA. YOU KNOW WHAT? 2023 WILL STILL BE A GREAT YEAR. THANK YOU VERY MUCH. GET HOME SAFELY. * This transcript was compiled from uncorrected Closed Captioning.