>> GOOD EVENING, LADIES AND GENTLEMEN,
[00:00:02]
AND WELCOME TO OUR FIRST MEETING OF 2023.HEALTHY, HAPPY NEW YEAR TO EVERYBODY WHO IS HERE AND EVERYONE WHO ARE LISTENING.
IT IS 7:00 P.M. ON WEDNESDAY, JANUARY 11TH.
CITY CLERK, PLEASE CALL THE ROLL.
>> THANK YOU, MADAM MAYOR. MAYOR GOMEZ?
>> THANK YOU. NOW, IF EVERYONE WOULD PLEASE STAND, VICE MAYOR BOLTON WILL LEAD US IN THE PLEDGE OF ALLEGIANCE AND IF WE CAN JUST TAKE A MOMENT OF SILENCE AFTERWARDS, PLEASE.
WELCOMING TO THE DAY AS THIS EVENING IS OUR NEW CITY ATTORNEY.
[1. CITY ATTORNEY REPORT]
HANS HATNA. CITY ATTORNEY, DO YOU HAVE A REPORT?>> THANK YOU, MADAM MAYOR. THE ONLY REPORT I HAVE IS THAT WITH GOD'S BLESSING, OUR FAMILY IS ABLE TO RETURN TO CITY OF TAMARAC.
WE LOOK FORWARD TO WORKING WITH EACH MEMBERS OF THE COMMISSION.
ALSO SINCE DECEMBER 15TH, BEEN WORKING DELIGENTLY MEET WITH STAFF AND WE APPRECIATE OBVIOUSLY THE OPPORTUNITY TO COME BACK TO TAMARAC. THANK YOU.
[2. CITY MANAGER REPORT]
CITY MANAGER, YOUR REPORT.>> THANK YOU, MAYOR. GOOD EVENING, MAYOR AND CITY COMMISSION.
I WANTED TO START TONIGHT BY SHARING SOME GOOD NEWS.
WE HAVE BEEN NOTIFIED BY THE FERGUSON GROUP, OUR FEDERAL LOBBYISTS, THAT CONGRESS HAS PASSED AN APPROPRIATIONS BILL THAT INCLUDES A LINE ITEM FOR $350,000, AN EARMARK FOR THE CITIES OF FIRST-TIME HOME BUYERS ASSISTANCE PROGRAM.
WE HAVE CONGRESSWOMAN SHEILA CHERFILUS-MCCORMICK TO THANK BECAUSE SHE REQUESTED THAT FUNDING AS PART OF HER SUBMISSIONS FOR THE COMMUNITY PROJECT FUNDING PROCESS FOR FISCAL YEAR '23.
THESE FUNDS WILL BE UTILIZED TOWARDS THE CITY'S EXISTING FIRST-TIME HOME BUYERS PROGRAM MANAGED BY OUR HOUSING DIVISION.
I'D LIKE TO INVITE THE COMMUNITY TO JOIN US AND OUR CO-SPONSOR, ALPHA KAPPA ALPHA SORORITY, TO CELEBRATE TAMARAC'S DIVERSITY AND BRING THE COMMUNITY TOGETHER AT THE MARTIN LUTHER KING JUNIOR DAY UNITY MARCH.
MARCH WILL BEGIN AT NINE FROM TAMARAC PARK, WHICH IS LOCATED AT 7501 NORTH UNIVERSITY DRIVE AND CONCLUDED CITY HALL, 7501 NORTHWEST 80TH AVENUE.
ONCE AT CITY HALL, ENJOY ENTERTAINMENT FEATURING SONG AND DANCE, GUEST SPEAKERS, HEALTH SCREENINGS AND REFRESHMENTS.
SHUTTLE BUSES WILL BE AVAILABLE FOR TRANSPORTATION BACK TO TAMARAC PARK.
PLEASE PREREGISTER AT TAMARAC.ME/EVENTS AND THE FIRST 100 REGISTRANTS WILL RECEIVE A FREE T-SHIRT.LASTLY REGISTRATION FOR TAMARAC UNIVERSITY IS NOW OPEN.
THE TU 2023 SPRING PROGRAM BEGINS ON TUESDAY, MARCH 7, 2023 IS AN EIGHT-WEEK PROGRAM.
NEXT YEAR'S TAMARAC UNIVERSITY INFORMATION CAN BE FOUND ONLINE AT TAMARAC.ORG/TOYOU, INCLUDING THE CLASS SCHEDULE AND APPLICATION, THE DEADLINE TO APPLY AS FRIDAY, JANUARY 27TH AT 5:00 P.M.
THANK YOU. THIS CONCLUDES MY REPORT.
>> THANK YOU. I SEE THAT WE HAVE A 2023 ARBOR DAY PROCLAMATION.
IF THE COMMISSION WOULD PLEASE JOIN ME IN THE WELL, IF THEY ARE COMFORTABLE.
THIS PROCLAMATION WAS REQUESTED BY JOHN E. DORY, PE OUR ACTING PUBLIC SERVICES DIRECTOR.
STERLING MORTON PROPOSED TO THE NEBRASKA BOARD OF AGRICULTURE THAT A SPECIAL DAY BE SET ASIDE FOR THE PLANTING OF TREES.
WHEREAS THIS HOLIDAY CALLED ARBOR DAY, WAS FIRST OBSERVED WITH THE PLANTING OF MORE THAN A ONE MILLION TREES IN NEBRASKA AND IS NOW OBSERVED THROUGHOUT THE NATION AND THE WORLD.
WHEREAS TREES CAN REDUCE THE EROSION OF OUR PRECIOUS TOP SOIL BY WIND AND WATER,
[00:05:04]
CUT HEATING AND COOLING COSTS, MODERATE THE TEMPERATURE, CLEAN AIR, PRODUCE LIFE GIVING OXYGEN, AND PROVIDE A HABITAT FOR WILDLIFE.WHEREAS TREES OR RENEWABLE SOURCE OF GIVING US PAPER, WOOD FOR OUR HOMES, FUEL FOR OUR FIRES, AND COUNTLESS OTHER WOOD PRODUCTS.
WHEREAS TREES IN OUR CITY INCREASE PROPERTY VALUE, ENHANCE THE ECONOMIC VITALITY OF BUSINESS AREAS, BEAUTIFY OUR COMMUNITY AND ARE A SOURCE OF JOY AND SPIRITUAL RENEWAL.
WHEREAS THE CITY OF TAMARAC HAS BEEN RECOGNIZED AS TREE CITY, USA FOR THE PAST 29 YEARS BY THE NATIONAL ARBOR DAY FOUNDATION, TAMARAC DESIRES TO CONTINUE ITS TREE PLANTING PROGRAM.
NOW THEREFORE, I, MICHELLE J. GOMEZ, MAYOR OF THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, ON BEHALF OF THIS COMMISSION, HEREBY PROCLAIMS JANUARY 20, 2023 AS ARBOR DAY IN THE CITY OF TAMARAC, AND I'LL URGE ALL RESIDENTS AND CITIZENS OF TAMARAC TO SUPPORT EFFORTS TO PROTECT OUR TREES AND WOODLANDS AND TO PLANT TREES TO BRING JOY TO THE HEART AND PROMOTE THE WELL-BEING OF THIS AND FUTURE GENERATIONS. THANK YOU VERY MUCH.
>> JUST QUICKLY. MAYOR, VICE MAYOR, CITY COMMISSION.
THANK YOU FOR YOUR RECOGNITION AND THANK YOU FOR YOUR CONTINUED SUPPORT OF ARBOR DAY AND OUR TREE PLANTING PROGRAM. THANK YOU. [APPLAUSE]
>> NOW WE WILL GO TO PUBLIC PARTICIPATION.
[3. PUBLIC PARTICIPATION]
OUR CITY ATTORNEY WILL BE THE RULES FOR PUBLIC PARTICIPATION. CITY ATTORNEY.>> THANK YOU, MADAM MAYOR. MEMBERS OF THE PUBLIC MAY SPEAK ONLY AT TIMES DESIGNED BY THE MAYOR OR PRESIDING OFFICER, MEMBERS OF THE PUBLIC SHALL STEP TO FLOW AND MICROPHONE AND SAY HIS OR HER NAME AND ADDRESS FOR THE CITY CLERK'S RECORD.
WILL PROVIDE AN ADDRESS, SPEAKER CAN STATE THE CITY OF DOMICILE.
PLEASE KNOW THAT WE SHOULD BE LIMITED TO QUESTION ON THE DISCUSSION DURING THE PUBLIC COMMENTS SECTION UNLESS THOSE REMARKS ARE MADE ON THE PUBLIC PARTICIPATION SECTION OF THE AGENDA.
DURING THE PUBLIC PARTICIPATION SECTION, MEMBERS OF THE PUBLIC MAY SPEAK ON ANY TOPIC THAT IS NOT LISTED IN THE PUBLIC INTERSECTION.
SPEAKER WILL BE LIMITED TO THREE MIN EACH.
A TOTAL OF 30 MIN WILL BE PROVIDED FOR THE PUBLIC PARTICIPATION SESSION.
SPEAKERS ARE ENCOURAGED TO SIGN UP IN ADVANCE WITH THE CITY CLERK PRIOR TO THE PUBLIC PARTICIPATION.
ALL REMARKS SHOULD BE ADDRESSED AS CITY COMMISSION AS A BODY THROUGH THE MAYOR, NOT ANY MEMBER OF THE CITY COMMISSION.
CUMULATIVE AND REPETITIVE TESTIMONY SHOULD BE AVOIDED ON ANY MATTER.
SPEAKERS WITH THE SAME POSITIONS AS PREVIOUS SPEAKER MAY SIMPLY STATE THEIR NAME AND ADDRESS AND THE POSITION THEY AGREE.
ANY PERSON MAKING DISRUPTED OR SLANDEROUS REMARKS OR BECOME BOISTEROUS WHILE SPEAKING CITY COMMISSION AND REFUSED TO START, MAY BE ASKED TO LEAVE THE CHAMBERS BY THE CITY COMMISSION.
PERSONS WHO ALLOTTED TIME TO SPEAK HAS EXPIRED SHOULD BE ADVISED TO CONCLUDE THE REMARKS BY THE CITY CLERK.
PUBLIC CAN CONSISTS OF THOSE AGENDA ITEMS WHERE THE PUBLIC IS PERMANENT PERMITTED TO SPEAK.
THE PUBLIC WILL BE PERMITTED TO SPEAK ONLY ON THE SUBJECT OF THOSE ITEMS AT THE PUBLIC HEARING.
SPEAKING TIME IS LIMITED THREE MINUTE FOR MEMBERS OF THE PUBLIC AND ADDITIONAL TIME MAY BE GRANTED BY THE CITY COMMISSION.
MEMBERS OF THE PUBLIC SHOULD NOT GIVE OR DELEGATE THE TIME TO ANOTHER PARTY.
FOR A PUBLIC HEARING, CITY COMMISSION MAY SET AN OVERALL TIME LIMIT FOR PUBLIC COMMENTS.
WHEN AN ISSUE HAS BEEN DESIGNATED AS QUASI JUDICIAL, PUBLIC REMARKS WILL BE HEARD DURING THE QUASI-JUDICIAL HEARING THAT HAS BEEN PROBABLY NOTICED FOR HEARING.
>> THANK YOU. JEFFREY SHAPIRO?
>> JEFFREY SHAPIRO, 6104, ORCHARD TREE LANE, TAMARAC, FLORIDA.
IT'S IN THE WOODLANDS COMMUNITY.
[00:10:04]
I HAD TO CALL 911 FROM MY MOTHER.TAMARAC FIRE RESCUE SHOWED UP PROMPTLY.
THEY DID EVERYTHING THEY WERE SUPPOSED TO DO.
BUT I GAVE THEM THE LIST OF ALL HER CURRENT MEDICATIONS, WHICH YOU SHOULD ALWAYS HAVE HANDY IN THESE CASES, ESPECIALLY FOR ADMISSION INTO A HOSPITAL.
TAMARAC FIRE RESCUE THEN TRANSFERRED HER TO SOUTH FLORIDA MEDICAL CENTER WHERE SHE RECEIVED THE MOST HORRENDOUS CARE, ALSO MAKING HER MUCH SICKER THAN WHEN BEING ADMITTED.
I HAD TO REMOVE HER FROM THERE AND TAKE HER TO THE EMERGENCY ROOM IN PLANTATION, WESTSIDE REGIONAL.
THE REASONS FOR THIS GO BACK TO THE MEDICATIONS.
HER MEDICATIONS AND DAILY MEDICATIONS ARE VERY VITAL TO HER.
SHE HAS A LOT OF AILMENTS THAT SHE'S HAD TO LIVE WITH FOR ABOUT 10 YEARS NOW.
SHE TAKES MULTIPLE PILLS, BUT THIS KEEPS HER BALANCED, STEADY, COHERENT, AND SHE'S ABLE TO WALK AROUND ON HER OWN.
SHE DOESN'T DRIVE ANYMORE BY THE WAY, SO THE SAFETY ON THE ROADS IS GOOD.
WITH THAT SAID, THE DSO GAVE THE LIST TO THE EMERGENCY ROOM, ATTENDANTS THERE, WHEN BEING DROPPED OFF THERE.
TWO MORE TIMES THE LIST WAS GIVEN BY MY MOTHER WHILE SHE WAS THERE.
SHE WAS THERE APPROXIMATELY A DAY AND A HALF.
SHE NEVER GOT ANY OF HER REGULAR MEDICATIONS.
THEY TRIED TO SUBSTITUTE SOMETHING THAT SHE'S NOT ALLOWED TO HAVE AT ALL BECAUSE IT'S HARMFUL TO HER HEALTH CONDITIONS.
I HAD TO REMOVE HER FROM THE HOSPITAL BECAUSE OF THIS.
BUT AT THAT TIME THE DAMAGE HAD BEEN DONE AND SHE WAS VERY, VERY ILL WHEN I REMOVED HER FROM THE HOSPITAL AND DROVE A STRAIGHT OVER INTO PLANTATION AND WITH 36 HOURS MISSED OF HER REGULAR MEDICATIONS AND NO FOOD, SHE WOUND UP BEING INTERNALLY SICK WITH AN INTERNAL VIRUS AND EVERYTHING WAS OFF BALANCE AS FAR AS WHERE EVERYTHING IS SUPPOSED TO BE.
ANYWAY, LONG STORY SHORT, SHE'S STILL IN THE HOSPITAL IN PLANTATION.
MY MAIN CONCERN IS THAT THIS BODY, THE CITY OF TAMARAC, COMMISSIONERS, AND ALSO THE MAYOR, PLEASE LOOK INTO ALTERNATIVES OF NOT SENDING PEOPLE TO SOUTH FLORIDA MEDICAL CENTER. THANK YOU.
>> THANK YOU, JEFFREY. I DO HOPE YOUR MOM GETS BETTER. PATTY LYNN.
>> GOOD EVENING AND HAPPY NEW YEAR.
ON THE CONSENT AGENDA UNDER TAMPA'S RESOLUTION 13885 ABOUT THE MORATORIUM ON YOUR VAPE SHOPS AND THINGS, I LOOKED THROUGH THE BACKUP STUFF AND I DIDN'T SEE ANYTHING ABOUT WHAT ABOUT PEOPLE WHO ARE ALREADY IN THE PROCESS? ARE THEY ALLOWED TO CONTINUE OR YOU'RE GOING TO JUST THROW THEM OUT?
>> ACTUALLY, I HAPPEN TO KNOW THAT THE CITY MANAGER WILL BE PULLING 4C OFF THE AGENDA, SO I DON'T KNOW IF YOU WANT TO HOLD YOUR COMMENTS UNTIL [OVERLAPPING].
THE NO SMOKING ORDINANCE IN THE PARKS, THAT DOES INCLUDE VAPING, I'M ASSUMING, CORRECT?
>> THANK YOU. I THOUGHT WE WERE GOING TO START THIS NEW YEAR OFF WONDERFULLY, BUT I'M TRYING TO FIGURE OUT HOW THE COMMISSION AT THE LAST MEETING MANAGED TO CHANGE THE CITY ATTORNEY AND CITY MANAGER WITH NO DISCUSSION, NO NOTHING.
I CAN'T BELIEVE THAT THE NEWLY ELECTED COMMISSIONERS ARE NOT INTELLIGENT.
[00:15:06]
THEY MUST BE INTELLIGENT.THEY HAD SUFFICIENT HELP TO RUN FOR OFFICE, BUT I DON'T UNDERSTAND WHERE THEY GOT THE KNOWLEDGE OF WHO THESE PEOPLE WERE OR THE HISTORY OF TAMARAC OR ANYTHING ELSE BEFORE VOTING TO ELIMINATE THE CITY ATTORNEY WE HAD AND THE CITY MANAGER WE HAD.
I JUST DON'T UNDERSTAND THAT AND I HOPE SOMEBODY WILL MAKE THAT CLEAR BECAUSE IT SOUNDS LIKE A SUNSHINE LAW VIOLATION. THANK YOU.
>> THANK YOU. MR. RAJWANI, YOU HAVE 4C AND SINCE I THINK YOU HEARD ME SAY WE'RE GOING TO BE PULLING THAT ITEM, YOU'LL SPEAK AT THAT TIME.
SORRY. THANK YOU. DARCY SCHILLER.
>> GOOD EVENING. DARCY SCHILLER, KINGS POINT.
I HAVE SEVERAL ISSUES I WANT TO BRING UP.
FIRST AND FOREMOST, THERE WAS A SURVEY POSTED ON FACEBOOK ASKING PEOPLE TO ADDRESS THEIR CONCERNS OF THE CITY AND THERE WERE THREE QUESTIONS.
I ANSWERED THE SURVEY, BUT THOSE THREE QUESTIONS HAD NOTHING TO DO WITH THE PEOPLE'S CONCERNS.
NOT EVERYBODY, BUT THE PEOPLE WHO COME TO THESE MEETINGS COME UP HERE MEETING AFTER MEETING AFTER MEETING TALKING ABOUT THE BUDGET, TALKING ABOUT THEIR CONCERNS ABOUT THE WAY MONEY IS SPENT, ABOUT HOW THE COMMISSION WORKS, HOW THEY DO NOT WORK TOGETHER WELL AND YET THEY WERE ASKING ABOUT PUBLIC SAFETY.
THEY WERE ASKING ABOUT WHETHER THE STREETS ARE CLEAN OR NOT.
WHO PUT THIS SURVEY TOGETHER AND WHY WASN'T IT BASED ON ISSUES THAT ARE BROUGHT BEFORE THE COMMISSION WEEK AFTER WEEK AFTER WEEK? THAT WAS VERY, VERY DISAPPOINTING.
NEXT THING, I AM, FOR LACK OF A BETTER WORD, DISGUSTED AT THE FACT THAT WE'VE BROUGHT BACK A QUESTIONABLY COMPETENT ATTORNEY WHO WORKED FOR US BEFORE AND DID NOTHING FOR THE COMMISSION PEOPLE.
HE ONLY WORKED ON BEHALF OF TWO COMMISSIONERS AND THAT WAS PRETTY DISGUSTING.
I'M ALSO DISGUSTED BEYOND WORDS THAT OUR TWO NEW COMMISSIONERS WHO HAD NO KNOWLEDGE OF OUR ATTORNEY WENT AHEAD AND VOTED FOR HIM.
AGAIN, WITHOUT ANY BACKGROUND INFORMATION, WE HAD ONE COMMISSIONER EVEN SPEAK UP AND SAY, "WELL, I THOUGHT HE DID A FANTASTIC JOB." YEAH. TELL US ON WHAT.
NOW YOU WANT TO START THE NEW YEAR OFF WELL, I ASK YOU A QUESTION, WALK AWAY FROM ME.
I CALL YOU OUT BY NAME JUST BEFORE THE MEETING.
ARE YOU GOING TO IGNORE ME? THE COMMISSIONER WALKS RIGHT AWAY FROM ME AND THIS IS A NEW COMMISSIONER, MIND YOU.
IF THIS IS HOW THE COMMISSIONER IS GOING TO START THE YEAR OFF, DO YOU EXPECT THE PEOPLE TO WELCOME YOU WITH OPEN ARMS? DO YOU EXPECT THE PEOPLE TO TRUST YOU? I DON'T UNDERSTAND.
GOING BACK TO THE BUDGET, WHAT ARE WE GOING TO SEE SOME OF THAT $700 MONTHLY CAR ALLOWANCE BE REDUCED? WHEN ARE WE GOING TO SEE SOME OF THE SALARY BE REDUCED? I DON'T KNOW PERSONALLY, I'M NOT IN DISTRICT 4, BUT I UNDERSTAND IT'S EITHER A FIRE TRUCK OR FIREMEN OR SOMETHING MISSING IN THAT COMMUNITY.
WHY HASN'T THAT BEEN ADDRESSED? THERE ARE SO MANY CONCERNS AND YET WE HAVE THE SUNSHINE LAW BEING VIOLATED MEETING AFTER MEETING AFTER MEETING BY, I'M SORRY, I'M GOING TO CALL THE PERSON OUT, BY OUR VICE MAYOR.
I WANT TO KNOW WHEN IS THIS COMMISSION GOING TO TAKE ACTION? MR. OTTINOT, YOU ARE THE NEW ATTORNEY.
LET'S SEE IF YOU STAND UP TO BEING THE ATTORNEY AND NOT GIVE EVERYTHING THAT THE COMMISSIONERS WANT THEIR WAY WITHOUT KNOWING THE PROPER PROCEDURE BECAUSE YOU SURE AS DIDN'T DO THAT LAST TIME.
BASED ON THAT, I'M GOING TO SAY, HAVE A GOOD EVENING.
I HOPE THE COMMISSION WILL STAND UP AND BE PROFESSIONAL AND I HOPE THE COMMISSION WILL WORK FOR THE PEOPLE AND NOT FOR THEIR OWN POCKETS.
>> GOOD AFTERNOON, I'M NICOLE BUSHEY, SUNBELT HEATH GATE DISTRICT 4.
I'M JUST GOING TO TALK QUICKLY ABOUT 10D, WHICH IS THE PET FOOD, PET CARE BEING ADDED TO THE PET PANT OR THE TAMARAC PANTRY.
I USED TO WORK FOR ANIMAL CARE AND CONTROL, WHICH IF YOU GUYS AREN'T AWARE, ANY COUNTY SHELTER IS AN OPEN ADMINISTRATION SHELTER, ALSO KNOWN AS A CARE SHELTER.
ONE OF THE BIGGEST ISSUES WE HAD WHEN WE WERE AT MAX CAPACITY WAS WHEN TIMES WERE TOUGH,
[00:20:06]
PEOPLE COULDN'T AFFORD TO FEED THEIR ANIMALS.IT WASN'T BECAUSE THEY COULDN'T FIND A PLACE FOR THEIR ANIMAL, IT'S LITERALLY THEY JUST WERE TRYING TO CHOOSE BETWEEN FEEDING THEMSELVES AND FEEDING THEIR ANIMALS.
I REALLY, REALLY WOULD LOVE FOR YOU GUYS TO ADD PET FOOD AND CAT LITTER TO THIS LIST OF THINGS BECAUSE IT HELPS ANIMALS GREATLY.
I WAS LOOKING INTO IT, THERE'S ONLY ONE OR TWO PLACES IN THE ENTIRE COUNTY THAT HAVE A PET PANTRY.
IF YOU'RE LOW-INCOME, YOU DON'T HAVE THE ABILITY TO GO ALL THE WAY OUT EAST TO THESE TWO PET PANTRIES TO GET SUPPLIES.
IT IS MUCH EASIER IF IT'S IN THE COMMUNITY ALREADY. THANK YOU.
>> KATE JOHNSON MAINLANDS FOUR.
I WAS APPALLED AS I WATCHED THE LAST COMMISSION MEETING.
TO START, ONE COMMISSIONER NOMINATED HIMSELF AS VICE MAYOR, OUT OF REGULAR SEQUENCE.
ALL OF THIS WAS A POWER PLAY TO SET UP THE REST OF THE MEETING AND BEYOND, IT BECAME PLAIN.
THE NEW COMMISSIONERS WHO PROMISED TO BE IMPARTIAL IN THEIR ELECTION BIDS QUICKLY SHOWED THEIR HANDS.
THEY WERE IN LOCKSTEP WITH ONE COMMISSIONER AND SEEMED WELL-INFORMED OF THE ISSUES AHEAD OF TIME UNLIKE OTHERS ON THE DEUS, ITEMS WERE PUT ON THE AGENDA AND THE CITY MANAGER TOLD THAT THERE WAS NO SUPPORTING DOCUMENTATION AS IS THE PROCEDURE.
THEREFORE, SOME ON THE COMMISSION HAD NO ADVANCED NOTICE OF WHAT WAS BEING BROUGHT FORTH AND NO TIME TO PREPARE EVIDENCE.
YET, THE NEW COMMISSIONERS KNEW WHAT WAS COMING.
IT'S PLAYING POLITICS AT THE EXPENSE OF TAMARAC RESIDENTS.
THE VICE MAYOR DIDN'T WANT TO GO THROUGH A PROCESS, RATHER, HE WANTED TO APPOINT PEOPLE.
HE REFUSED TO ANSWER THE MAYOR ABOUT THE ISSUES HE WAS GOING TO BRING UP AND KEPT REFUSING TO ANSWER, EVEN WHEN ASKED DIRECTLY.
WHEN THE VICE MAYOR BEGAN HIS AGENDA, IT WAS OBVIOUS AS TO WHY NO ANSWERS OR SUPPORTING DOCUMENTATION WERE GIVEN AHEAD OF TIME.
THE VICE MAYOR AND HIS ALLIES VOTED TO FIRE OUR ATTORNEY AT 12 NOON THAT SAME DAY AND REHIRE A PREVIOUS LAW FIRM, AGAIN, STARTING AT 12 NOON WHILE SAYING THE CURRENT ATTORNEY IS AN EXCELLENT ATTORNEY.
HOW DID THAT HAPPEN IF MANIPULATION AND PLANNING BEHIND THE SCENES DID NOT OCCUR? OF COURSE IT DID.
IT REEKS OF POLITICAL PAYBACK.
ANYONE WHO UNDERSTANDS LEGAL SYSTEM UNDERSTANDS WE HAVE LEGAL MATTERS PENDING.
WE WILL HAVE TO PAY THIS NEW ATTORNEY FOR WORK ALREADY DONE ON BEHALF OF THE CITY AS THEY CATCH UP ON CASES, IT WILL COST US DOUBLE.
WITH REGARD TO THE CITY MANAGER, AGAIN, THERE WAS NO PROCESS BUT AN APPOINTMENT TO THE POSITION.
MY DOCTORATE IS IN LEADERSHIP AND ORGANIZATIONAL DEVELOPMENT.
THIS GOES AGAINST ANY STANDARDS OF PRACTICE.
IT IS UNPROFESSIONAL AND UNWISE TO APPOINT PEOPLE TO SUCH VITAL POSITIONS WITHOUT OPENING THEM UP FOR A SOLICITATION WHEN THERE MAY BE BETTER CANDIDATES WHO WOULD SERVE THE CITY WELL.
BOTH THE NEW ATTORNEY AND THE NEW CITY MANAGER MAY BE THE BEST CANDIDATES BUT HOW DO WE KNOW? NO ONE ELSE WAS GIVEN THE OPPORTUNITY.
THREE COMMISSIONERS STRONG ARMED THEIR WAY TO TAKE THESE ACTIONS.
JUST BECAUSE YOU CAN DO SOMETHING DOESN'T MEAN YOU SHOULD.
WHAT YOU HAVE DONE GOES AGAINST ANY SENSE OF FAIRNESS OR EQUITY.
IT IS LIKE APPOINTING A SCHOOL SUPERINTENDENT OR PRINCIPLE WITHOUT OPENING THE POSITION FOR APPLICATIONS.
YOU WOULD NEVER THINK TO DO THAT.
YOU WOULD NOT THINK IT WAS FAIR OR EQUITABLE.
I WOULD ENCOURAGE THE NEW COMMISSIONERS TO UPHOLD THEIR CAMPAIGN PROMISES TO BE IMPARTIAL AND FAIR.
I WOULD ALSO ENCOURAGE THAT THIS HASTY PROCESS OF FIRING AND HIRING BE REVERSED.
OTHERWISE, THE COMMISSION CONTINUES TO BE AN AGGRAVATION TO ITS RESIDENTS AND A LAUGHING STOCK FOR NEW SPOTTER.
>> MS. JOHNSON. THANK YOU VERY MUCH. THANK YOU.
IS THERE ANYONE WHO DID NOT SIGN UP WHO WISHES TO SPEAK? I HAVE A FEW HANDS.
RATIO RUN, THE STEWART'S GOING TO GO LAST.
>> GOOD EVENING. CITY MANAGER, CITY COUNCIL, THE COMMISSION.
[00:25:01]
HORATIO BRYAN, DISTRICT ONE, BANYAN LAKE 6194 LAURA LANE UNIT.THE MOOD SEEMS REALLY HEAVY TONIGHT, SO I FIGURED I WOULD JUST SHARE A LITTLE JOKE.
IT'S A STORY ABOUT A PHEASANT.
THERE WAS A PHEASANT ONE DAY SPEAKING WITH A COW.
THE PHEASANT WAS SAYING TO THE COW, I REMEMBER MY YOUNGER YEARS, I COULD GET TO THE UPPERMOST BRANCH OF THE TREE BUT NOW THAT I'M OLD, I CAN BARELY MAKE IT TO THE FIRST BRANCH OF THE TREE.
THE COW LOOKS AT THE PHEASANT AND THE COW SAYS, "OH, THAT'S EASY.
JUST EAT A LITTLE BIT OF MY DUNG." THE PHEASANT SAYS, "WHAT, ARE YOU OUT OF YOUR MIND?" HE SAID, "NO SERIOUSLY, EAT A LITTLE BIT OF MY DUNG BY THE FORTNIGHT, YOU WILL MAKE IT TO THE UPPERMOST BRANCH OF THE TREE." THE PHEASANT BEING DESPERATE, SAID, "YOU KNOW WHAT, WHAT HAVE I GOT TO LOSE?" THE PHEASANT, ATE A LITTLE BIT OF HIS DUNG DAY AFTER DAY, AND BY THE FORTNITE, THE PHEASANT MADE IT ALL THE WAY TO THE UPPER MOST BRANCH OF THE TREE.
AS THE PHEASANT BEGAN TO OVERLOOK THE SCENERY AND ENJOY THE SUN RISING AND NOT REMEMBERING WHAT IT'S LIKE TO BE AT THE UPPERMOST TOP, HE TAKES INTO VIEW, AND ALL OF A SUDDEN AS THE SUN COMES UP WITH A FARMER SEES A PHEASANT AND PULLS OUT THE SHOTGUN.
THE MORAL OF THE STORY IS, SOMETIMES BS CAN GET YOU TO THE TOP, BUT IT WILL NEVER ALLOW YOU TO STAY THERE.
>> GOOD EVENING, LADIES AND GENTLEMEN.
I LIVE AT 8577J DRIVE HERE IN TAMARAC.
I'VE SPOKEN BEFORE THIS BODY MANY TIMES.
MOST OF YOU SAY HERE WE GO AGAIN.
BUT I'M NOT HERE TO SAY HERE WE GO AGAIN.
ONE THING I WOULD LIKE TO REMIND EVERYONE, PLEASE LADIES, MONITOR YOURSELF FOR BREAST CANCER.
AS A CANCER SURVIVOR MYSELF, COLON CANCER, KEEP ON IT LADIES, MEN, PLEASE.
WE'VE BEEN LIVING IN OUR HOME FOR 22 YEARS.
WE'VE SEEN A LOT OF INTERESTING PEOPLE COME AND GO.
I REALLY AS A CITIZEN, I COME FROM A COMMUNITY. PEOPLE LAUGH AT US.
NEW YORKERS. GO BACK HOME, GO BACK ON 95 AND GO HOME.
I'VE BEEN LIVING HERE LONGER THAN MOST OF YOU.
I JUST LIKE TO ASK, I'D LIKE TO ASK I DON'T KNOW WHAT'S GOING ON HALF THE TIME.
I STAYED HERE TO 12:00 AT THE LAST MEETING AND THEN THE ACTION REALLY STARTED.
I'M IN DISTRICT FOUR I'M GOING TO LOOK AT YOU, MS. DANIEL'S, AND HOPE YOU CAN HELP OUR COMMUNITY.
MR. WRIGHT, I HOPE WE CAN GO ON THE RIGHT PATH TOGETHER.
THERE ARE SO MANY ISSUES FACING TAMARAC.
AS CRIME CONTINUALLY SNEAKS UP ON US.
AS FILTH AND DEBRIS IS ON OUR STREETS, WHAT DO MOST OF US WANT.
WE WANT A CLEAN, SAFE COMMUNITY.
PUBLIC STAFF, I REACH OUT AS MANY THINGS THAT YOU DO I LIKE, BUT QUITE FRANKLY, IT'S A LOT OF TIMES WHEN THEY KEEP ON PATTING YOU ON THE SHOULDER, AND WHAT ARE YOU REALLY DOING IF YOU FEEL INSULTED BY WHAT I'VE SAID, THEN SO BE IT BUT WE'VE HAD TO BEG FOR HELP EVERY TIME SPECIAL INTERESTS COME INTO OUR CITY.
ALL OF YOU KNOW WHO I MEAN BY SPECIAL INTERESTS.
PULTY, DR. HORTON, WHOEVER IT MIGHT BE.
IT IS TROUBLE TIME AFTER TIME.
WHAT DO I MEAN BY THAT? YOU IN THIS ROOM, MOST OF YOU KNOW EXACTLY WHAT I MEAN.
THANK YOU FOR LISTENING TO ME.
[00:30:01]
WILL YOU WAIT ONE SECOND, PLEASE.NO. YES, CARLIN IS GOING TO GO AFTER YOU.
>> GOOD EVENING, ELIZABETH WALTER, SUNFLOWER HEATH GATE DEVELOPMENT.
AS A GOVERNMENT EMPLOYEE FOR ANOTHER AGENCY FOR THE LAST 27, 28 YEARS.
I BELIEVE I'M VERY WELL VERSED IN THE PROCESS FOR CONTRACTS, PROCUREMENTS, AND AS WELL AS BUDGETS, ANNUAL BUDGETS.
I KNOW DECISIONS TO CHANGE VENDORS AND GO INTO NEW CONTRACTS ARE NOT TAKEN LIGHTLY.
IT SEEMS THAT IN THIS SITUATION, TO CHANGE OUT THIS ATTORNEYS, IT WAS JUST ON A WHIM.
I'M REQUESTING TO SEE ANY AND ALL DOCUMENTATION THAT OUR COMMISSIONERS RECEIVED THAT YOU BASED YOUR DECISION ON? I WANT TO SEE E-MAILS, I WOULD LIKE TO SEE TEXT MESSAGES, ANY PHONE RECORDINGS THAT YOU HAVE.
I'M REQUESTING TO SEE ALL OF THAT BECAUSE I WOULD LIKE TO KNOW, AS WELL AS A LOT OF PEOPLE HERE AND A LOT OF PEOPLE NOT HERE, WE WOULD LIKE TO KNOW WHAT THIS DECISION WAS BASED ON. THANK YOU.
>> THANK YOU. I BELIEVE SOMEONE FROM STAFF WILL TALK WITH YOU REGARDING PUBLIC RECORDS REQUESTS. CARLIN.
>> ONE SECOND, WE ARE RESETTING THE CLOCK AND NAME AND ADDRESS OR LOCATION FOR THE PUBLIC [OVERLAPPING].
>> I WAS ABOUT TO. GOOD EVENING SPEAKER, MAYOR, VICE MAYOR, COMMISSIONERS.
MY NAME IS CARLY WALKER FROM TAMARAC, 6193 ROCK ISLAND ROAD.
>> IS BETTER? MY NAME IS CARLY WALKER, I'M FROM THE CITY OF TAMARAC 6193, ROCK ISLAND ROAD.
I DON'T REALLY HAVE MUCH TO SAY TODAY.
FIRST, I MUST SAY HAPPY NEW YEAR AND I'M GLAD TO SEE YOU ALL.
I'M LIVING IN TAMARAC DISTRICT 1 FOR QUITE SOME TIME.
I KNOW VICE MAYOR BOLTON IS IN THAT DISTRICT AND NOT BECAUSE I KNOW HIM BUT NOBODY INCLUDING MYSELF HAVE BEEN COMPLAINING SO FAR.
THE ROAD, THE NEIGHBORHOOD IS ALL INTACT.
I WOULD LOVE HIM TO CONTINUE THE GOOD WORK HE HAS BEEN DOING, INCLUDING, I KNOW MISS DANIELLE AND MR. MOREY WOULD ADD WITH MR. VILLALOBOS AND YOURSELF AND DO A GOOD JOB FOR COMMUNITY BECAUSE TEAMWORK IS DOING WELL AND WE ALL HAVE TO WORK TOGETHER COLLECTIVELY TO GET THE BEST RESULTS WE WANT.
>> THANK YOU VERY MUCH. IS THERE ANYONE ELSE WHO WISHES TO SPEAK WHO HAS NOT YET HAD A CHANCE TO SPEAK? MR. WEBSTER, THE FLOOR IS YOURS. OR THE MICROPHONE.
>> STEW WEBSTER, VERSAILLES GARDENS, ALL PROTOCOL OBSERVED.
THREE POINTS CAME UP JUST SINCE I'M SITTING HERE THAT I HAVE TO COMMENT ON BEFORE.
FIRST OF ALL, MADAM MAYOR, THIS IS CONSTRUCTIVE.
I REALLY APPRECIATE YOU AND COMMEND YOU FOR GIVING, ESPECIALLY THE FIRST GENTLEMAN COUPLE OF MINUTES PAST THE DEADLINE.
ABOUT 60 PERCENT OF THE PEOPLE ON THAT WALL I KNOW SO I'VE BEEN AROUND THE BLOCK AND I REALLY AM HAPPY THAT WE GO BACK TO THOSE DAYS BECAUSE IT'S ALL ABOUT US.
A SECOND POINT, I'M SHOCKED THAT I REALLY AGREE WITH PATTY LYNN ON SOMETHING ABOUT THE NEW COMMISSIONERS.
I PRAYED, I'M A PRAYING MAN, THAT WITH THE NEW COMMISSIONERS ON BOARD, THINGS WOULD CHANGE.
WOW, WAS I WRONG? WE WON'T EVEN GET INTO THE ATTORNEY BECAUSE A WONDERFUL LADY OVER THERE SAID WHAT I WAS THINKING.
THE REAL REASON FOR ME BEING HERE TONIGHT THOUGH IS I'M LOOKING FORWARD TO OUR COMMISSIONER BEING OUT IN THE COMMUNITY BECAUSE I'M TIRED.
RIGHT NOW AS I DROVE, PEOPLE HAVE GOTTEN ABOUT WITHIN THE PAST 20 MINUTES, ABOUT EIGHT TELEPHONE CALLS BECAUSE THERE ARE NO LIGHTS ON LAGOS DE CAMPO.
[00:35:04]
I HAVE BEEN A COMMITTEE MAN IN THIS CITY FOR MAYBE ABOUT 15, 20 YEARS AND NOBODY HAS EVER OPPOSED ME BECAUSE I'M OUT THERE.I NEED SOME HELP. THE OTHER POINT IS, PLEASE, TAMARAC HAS A PROBLEM WITH PUBLIC TRANSPORTATION AND THEIR USERS.
SOMETIMES WHEN I DRIVE DURING THE SUMMERTIME BECAUSE I ALWAYS LOVE REACHING OUT TO PEOPLE, I SEE PEOPLE STANDING AT BUS STOPS IN THE RAIN, IN THIS HOT SUN AND I DRIVE THROUGH OTHER CITIES AND I'M ASHAMED.
FOR EXAMPLE, PEOPLE ARE COMING NORTH ON PINE ISLAND RIGHT BY MCNABB WITH THIS NEW WONDERFUL SETTING GOING UP RIGHT THERE THOSE NEW BUILDINGS AND THE SIDEWALK, I THINK IT'S ILLEGAL.
THERE ARE A LOT OF PEOPLE I'M AWARE OF WHO GO THROUGH THIS ENTIRE COUNTRY LOOKING FORWARD TO MAKING ADA CASES ABOUT SITUATIONS LIKE THOSE.
AS MY MOTHER WOULD SAY A WORD TO THE WISE IS SUFFICIENT.
I CANNOT BELIEVE THAT THIS FANTASTIC EDIFICIES ARE GOING UP AND YOU'RE GOING TO HAVE THIS NARROW SIDEWALK, NOWHERE FOR ANYBODY TO SIT.
WE HAVE OUTDATED SIGNS AND IT'S TIME FOR ME TO LEAVE.
>> THANK YOU. I BELIEVE YOU'RE COMMISSIONERS ALSO HEARD YOU AND I BELIEVE CITY STAFF HAS ALSO HEARD YOU REGARDING THE ADA REQUIREMENTS THAT ARE BEING DONE BY STREETS.
THAT WAS OUR LAST SPEAKER I PRESUME, UNLESS THERE'S BEEN A CHANGE.
SEEING THAT THERE'S NO CHANGE, PUBLIC COMMENTS OR PUBLIC PARTICIPATION IS NOW CLOSED.
WE WILL NOW GO TO OUR CONSENT AGENDA.
[4. CONSENT AGENDA]
CITY MANAGER, PLEASE ANNOUNCE ADDITIONS, DELETIONS, OR ANYTHING ELSE THAT YOU HAVE FOR US.>> THANK YOU MAYOR. YES, I'D LIKE TO REMOVE 4C FROM THE CONSENT AGENDA AND I BELIEVE COMMISSIONER VILLALOBOS HAS AN ITEM THAT HE'D ALSO LIKE TO HAVE REMOVED.
>> I'D LIKE TO REMOVE 10D OUT OF THIS MEETING.
>> 4C WILL BE HEARD AFTER THE CONSENT AGENDA AND 4B IS HEREBY REMOVED FROM THE AGENDA.
I'LL TAKE A MOTION AND A SECOND PLEASE. [OVERLAPPING].
>> EXCUSE ME MAYOR, IT IS 10B.
>> [OVERLAPPING] WHAT DID I SAY?
>> I THINK YOU JUST SAID 4B. [OVERLAPPING]
>> I APOLOGIZE. I CROSSED OUT 10.
THANK YOU. TEN BRAVO IS NOW GONE.
THANK YOU. I WILL NOW TAKE A MOTION AND A SECOND FOR OUR CONSENT AGENDA PLEASE.
>> THANK YOU. CITY CLERK, PLEASE CALL THE ROLL.
>> THANK YOU MADAM MAYOR. MAYOR GOMEZ?
>> THANK YOU. MOTION PASSES FIVE TO ZERO. THANK YOU.
[4.c TR13885 - A Resolution of the City Commission of the City of Tamarac, Florida, affirming and ratifying the City Manager’s Administrative Order dated December 22, 2022, attached hereto as Exhibit “A” and incorporated herein, declaring zoning in progress and instituting a 180-day moratorium on the submission, processing, approval or issuance of any new business tax receipts, development orders or permits for any retail use that supports liquor stores, vape and smoke shops; and bar, lounge, or tavern uses in the City of Tamarac, in accordance with Chapter 10, Section 10-5.4(U) of the City of Tamarac Code of Ordinances; authorizing and directing the City Manager to undertake study and review of the City’s regulations relating to the number and locations of liquor stores, vape and smoke shops; and bar, lounge, or tavern uses in the City of Tamarac providing that upon the adoption of this Resolution affirming the Administrative Order, no permits shall be issued for any new retail use that supports liquor stores, vape and smoke shops; and bar, lounge, or tavern uses not otherwise exempt during the time period covered by this resolution; providing for conflicts; providing for severability; and providing for an effective date.]
PLEASE READ 4C TR13885 FOR THE RECORD.CITY COMMISSIONERS, CITY TAMARAC, FLORIDA AFFIRMING AND RATIFYING THE CITY MANAGER ADMINISTRATIVE ORDER DATED DECEMBER 22, 2022, INCORPORATE HERE AND DECLARING ZONING IN PROGRESS IS TO THE 180 DAY MORATORIUM ON THE SUBMISSION, PROCESS AND APPROVAL OF ISSUANCE OF ANY NEW BUSINESS TAX RECEIPT DEVELOPMENT ORDERS PERMITS FOR ANY RETAIL USE AS SUPPORT LIQUOR STORES, VAPE, SMOKE SHOP AND BAR, LOUNGE OR TAVERN USES IN THE CITY OF TAMARAC ACCORDANCE WITH CHAPTER 10, SECTION 10.10-5.4, THE CITY OF TAMARAC CODE OF ORDINANCES AUTHORIZES THE INDIRECT AND CITY MANAGER UNDERTAKE STUDY AND REVIEW OF THE CITY REGULATION LANE TO THE NUMBER OF LOCATIONS OF LIQUOR STORES, VAPE, SMOKE SHOPS, AND BAR, LOUNGE OR TAVERN USES IN THE CITY OF TAMARAC PROVIDING UPON ADOPTION OF THIS RESOLUTION, FIRM AND ADMINISTRATIVE WROTE IT.
NO PERMITS SHOULD BE ISSUED FOR ANY NEW RETAIL USE THAT SUPPORTS LIQUOR STORES, VAPE, OR SMOKE SHOPS.
BAR, LOUNGE, OR TAVERN USE IS NOT OTHERWISE EXEMPT DURING THE TIME PERIOD COVERED BY THIS RESOLUTION, PROVIDING FOR CONFLICTS, PROVIDING FOR SOLUBILITY, PROVIDED FOR AN EFFECTIVE DATE. THANK YOU MADAM MAYOR.
>> THANK YOU. I'LL TAKE A MOTION AND A SECOND.
[00:40:04]
>> I KNOW I'M GOING TO MAKE THE SECOND IF NO ONE'S GOING TO MAKE THE SECOND OF THIS.
[OVERLAPPING] HE DID THE MOTION, I NEED A SECOND.
>> I'VE GOT COMMISSIONER DANIEL WITH A SECOND, PLEASE.
AT THIS TIME, I'M GOING TO OPEN IT UP TO PUBLIC COMMENTS OR CITY MANAGER, DID YOU WANT TO MAKE A STATEMENT FIRST?
>> I WANTED TO MAKE A QUICK STATEMENT.
>> JUST THAT AT THE DECEMBER 14TH MEETING, YOU AS A BODY DIRECTED THE STAFF TO BEGIN A ZONING IN PROGRESS AS IT RELATED TO VAPE AND SMOKE SHOPS, BAR LOUNGE, LIQUOR STORES, EVERYTHING THAT THE CITY ATTORNEY JUST READ OUT, WHICH WE PROCEEDED TO IMPLEMENT AND RATIFIED ON WELL, I SIGNED OFF ON THE 22ND.
IT'S COME TO OUR ATTENTION THAT THERE WAS A BUSINESS OWNER THAT GOT CAUGHT IN THE CROSSHAIRS.
HE'S HERE TONIGHT TO SPEAK TO YOU ABOUT WHAT HIS SITUATION IS.
BECAUSE STAFF'S HANDS ARE TIED ADMINISTRATIVELY, WE'RE NOT ABLE TO WORK WITH HIM.
HE'S HERE TONIGHT TO APPEAL TO YOU DIRECTLY.
THE BUSINESS OWNER'S NAME IS NICK RAJWANI AND HE'S ACCOMPANIED BY STEVEN RAFALOVIC, WHO IS THE PROPERTY MANAGER LANDLORD.
THEY'RE BOTH HERE TO SPEAK TO YOU.
>> ALL RIGHT. IF YOU LOOK, THIS IS PUBLIC COMMENT FOR RIGHT NOW.
WE'RE GOING TO START WITH THEM FOR PUBLIC COMMENTS.
THEN IF THERE'S ANYBODY ELSE WHO WISHES TO MAKE COMMENTS, THEY CAN DO SO AFTERWARDS.
>> YOU GUYS CAN HEAR ME? I'M REALLY SORRY, I'M NERVOUS, EVEN THOUGH I'M A FAMILY MEMBER OF A NATIONAL SPEECH AND DEBATE CHAMPION.
BUT IF YOU WOULD JUST GIVE US YOUR NAME AND YOUR ADDRESS FOR THE RECORD, PLEASE.
>> SURE. MY NAME IS NICK. I DO LIVE IN CORAL SPRINGS, BUT WE HAVE A BUSINESS.
>> HOPEFULLY WE HAVE A BUSINESS IN TAMARAC AT 7.
>> 6041 NORTH UNIVERSITY DRIVE.
I'M GOING TO TAKE YOU THROUGH A TIMELINE WHICH HAPPENED WITH US.
ON DECEMBER 14TH, WE WENT TO THE BUILDING DEPARTMENT TO GET A CONFIRMATION ON A VAPE AND SMOKE SHOP TO BE OKAY TO PUT IN THAT LOCATION.
I SPOKE TO A GENTLEMAN BY THE NAME OF CHRISTIAN AND A LADY BY THE NAME OF VIDALLIN.
CHRISTIAN SAID WE WERE OKAY TO DO THE VAPE AND SMOKE SHOP.
VIDALLIN GAVE US THE INFORMATION TO FILL OUT, INCLUDING SOME SAMPLES AND EXAMPLES OF OTHER VAPE SHOPS AND HOW THEY DRAW ON THE PAPER.
SHE SAID, GO AHEAD AND FILL OUT EVERYTHING AND TURN EVERYTHING INTO THE OFFICE AND WE SHOULD BE GOOD AFTER THAT.
ON THE 14TH, WE FINALIZED OUR LEASE AFTER WE HEARD FROM THE BUILDING DEPARTMENT THAT WE'RE OKAY TO GO AND I WAS WAITING ON THE BILLING DEPARTMENT TO GIVE US THE GO AHEAD SO I COULD SIGN THE LEASE.
THAT WEEK WE BE BOUGHT FURNITURE AND FIXTURES FOR THE LOCATION, FULLY PAID FOR THEM AND HAD THEM DELIVERED, WHICH ARE ACTUALLY SITTING IN A LOCATION.
ALSO, WE PAID FOR THE INSURANCE FOR THE YEAR FPL WATER.
THAT WEEK WE ALSO WORKED ON DRAWINGS AND FORMS THAT WE HAD RECEIVED FROM VIDALLIN, CAME BACK TO THE CITY ON THE 23RD TO SUBMIT OUR PAPERWORK AND THE OFFICES WERE CLOSED UNTIL THE 26TH.
WE EMAILED ALL THE PAPERWORK ON THE 28TH INTO VIDALLIN.
WE GOT A CALL FROM HER ON THE 29TH AND THAT THEY ARE NO LONGER APPROVING THIS RETAIL BUSINESS.
EXPLAIN THE DEPARTMENT MY SITUATION AND THEY REFERRED ME TO THE PERSON IN CHARGE OF THAT TIME.
HE SAID THAT THERE'S NOTHING THAT HE CAN DO AND ASKED ME TO CALL THE CITY COMMISSIONER.
I SPOKE TO COMMISSIONER WRIGHT ON THAT SAME DAY, FOLLOWED UP WITH HIS SECRETARY EVERY DAY SINCE THAT DAY.
ASSUMING THAT THE COMMISSIONER WAS VERY BUSY, BUT I DID GET A CALL BACK FROM HIM ON THE 5TH, I EXPLAINED TO HIM THE ENTIRE SITUATION AND I'M PRETTY SURE HE'S AWARE OF THAT AND WAS TOLD WOULD GET A CALL BACK ON MONDAY THE 9TH, DID GET IN TOUCH WITH THE CITY MANAGER AS WELL, WHO TOLD US ABOUT THE MEETING TONIGHT AND EXPLAIN WHAT YOU GUYS ARE ABLE TO DO.
I ALSO GOT A CALL FROM COMMISSIONER WRIGHT TODAY BEFORE THE MEETING AND HE TOLD ME THAT THIS IS EXACTLY WHAT NEEDS TO BE DONE IN ORDER FOR US TO MAKE ANY CHANGES OR ANYTHING IT HAS TO GO THROUGH THE COMMISSION.
SO FAR, TILL TODAY WE'VE EXPENSED $23,000,
[00:45:02]
PLUS OUR PERSONAL GUARANTEES ON THE LEASE, WHICH IS 12,200 FOR THE LEASE PAYMENTS, $9,000 FOR FURNITURE AND FIXTURES, $1,100 FOR DEPOSIT AND SIGNAGE, FPL AND WATER DEPOSITS.WE REQUEST THAT ALL OUR WORK AND OUR MONEY DOESN'T GO TO WASTE.
I APPRECIATE YOU GUYS LISTENING.
>> THANK YOU VERY MUCH, IF YOU WOULD.
>> I DO HAVE THE RECEIPTS AND EVERYTHING IF YOU NEED TO SEE THOSE.
>> I BELIEVE WE BELIEVE YOU, [LAUGHTER] NOTHING ELSE.
SPEAKING ON BEHALF OF THE COMMISSION.
IF WE SHOULD NEED IT WE'LL ASK, BUT FOR RIGHT NOW, I'M GOING TO OPEN THE REST OF THIS UP FOR PUBLIC PARTICIPATION.
THE CITY COMMISSION WILL THEN SPEAK AND THEN IF WE HAVE QUESTIONS, WE WILL.
>> PATTY LYNN. WHEN YOU WERE HERE EARLIER, YOU WANTED TO MAKE A COMMENT.
DO YOU STILL WISH TO SPEAK AS PUBLIC COMMENTS ARE NOW OPEN.
>> I'M STILL PATTY LYNN. I STILL LIVE IN TAMARAC.
[LAUGHTER] I DON'T KNOW THESE GENTLEMEN AND I JUST BROUGHT THAT UP WHEN I SAW IT BECAUSE I'VE BEEN STUCK IN A SITUATION LIKE THAT BEFORE.
YOU'RE HALFWAY THROUGH GETTING SOMETHING DONE AND THE RULES CHANGE.
I THINK THAT YOU GUYS SHOULD RECONSIDER THAT'S THE ONLY PERSON WHO CAME UP AND SAID, LOOK, WE GOT A PROBLEM.
>> THANK YOU. THEN JEFFREY AFTERWARDS.
>> MY NAME IS STEVEN RAFALOVIC I'M THE LANDLORD REPRESENTATIVE FOR NICK, THERE AT 6041 NORTH UNIVERSITY DRIVE.
I JUST WANTED TO SAY THAT HE DID THE RIGHT THINGS, GOING TO THE CITY TO ASK THE ZONING AND THEN FOR US TO DO THE PROPER PROCEDURES IN ORDER FOR HIM TO GET APPROVAL.
IT'S MY UNDERSTANDING AND I SEE THAT A LOT THAT OTHERS DO NOT DO THIS.
THEY COME IN, THEY SIGN A LEASE, AND THEN THEY COME CRYING TO THE CITY, LIKE, WE CAN'T GET APPROVED AND SO ON, SO FORTH.
IT WOULD BE UNFORTUNATE THAT HE DIDN'T DO THE RIGHT THINGS AND THAT THE CITY WOULD SAY THAT HE COULDN'T GET APPROVED.
SO I WOULD APPRECIATE IF YOU COULD REALLY TAKE THIS IN CONSIDERATION. I APPRECIATE IT.
>> THANK YOU. JEFFREY SHAPIRO.
>> JEFFREY SHAPIRO, THE WOODLANDS TAMARAC.
IN LIEU OF WHAT I JUST HEARD AND HEARING THAT THE GENTLEMAN WENT AROUND IT THE CORRECT WAY WITH GOING TO THE BUILDING DEPARTMENT FIRST, THEN GOING AHEAD AND COMMENCING A LEASE, THINKING THAT HE'LL BE OKAY BECAUSE HE MET ALL THE OTHER PARAMETERS.
I BELIEVE THIS BODY SHOULD IF THEY HAVE TO DO AN EXEMPTION AND LET THIS NEW BUSINESS OPEN IN TAMARAC.
AS FOR OTHERS, AFTER THIS DATE OR AFTER THEM, JUST GO BUY YOUR NORMAL RULES AND REGULATIONS.
BUT I THINK YOU SHOULD GRANT AN EXCEPTION. THANK YOU.
>> THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO SPEAK ON THIS MATTER? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED.
I KNOW WE HAVE A MOTION ON THE DESK, BUT I AM GOING TO ASK IF THERE COULD BE A FRIENDLY AMENDMENT TO THE MOTION TO RATIFY THIS ITEM STARTING TOMORROW AT 05:00 PM, WHICH WOULD ALLOW THIS ONE BUSINESS ONLY TO BE ABLE TO FILE THE PAPERWORK PROMPTLY TOMORROW AND THEREFORE HAVE THE OPPORTUNITY TO PROCEED AS IT DID FOLLOW THE RULES.
IT IS VERY MUCH APPRECIATED WHEN SOMEBODY ACTUALLY DOES ASK THE CITY IF THEY COULD DO THINGS AHEAD OF TIME.
I AM ASKING AS THIS WAS A MOTION THAT WAS MADE BY COMMISSIONER VILLALOBOS AND SECONDED BY COMMISSIONER DANIEL.
IF YOU WOULD ACCEPT A FRIENDLY AMENDMENT TO CHANGE OUT THE MOTION OR AMEND THE MOTION TO START THE RATIFICATION OF THIS ITEM AT 05:00 PM TOMORROW TO ALLOW THIS ONE BUSINESS TO PROCEED.
>> IT'S QUESTION FOR CITY MANAGERS THROUGH YOUR ATTORNEY, WHAT HAPPENS IF BY 12:00 PM TOMORROW ANOTHER APPLICANT COMES TO US?
[00:50:03]
>> BASED ON THE MAYOR MOTION, IF WE ARE EXEMPTING ANYONE THAT HAS APPLY FOR A PERMIT APPLICATION BEFORE 05:00 PM TOMORROW, THEY WOULD BE OBVIOUSLY EXEMPT FROM THE REGULATION.
I THINK THE APPROPRIATE LANGUAGE WOULD BE THIS APPLICANT OR ANY OTHER APPLICANTS WHO APPLY BEFORE 05:00 PM TOMORROW WOULD BE EXEMPT FROM THE REGULATION, IN FACT WHEN I WORK WITH CITY MANAGERS STAFF, WHEN EXEMPTIONS THAT WERE PUT INTO ADMINISTRATIVE ORDER BECAUSE THERE WAS AN APPLICANT THAT RECEIVE APPROVAL BY THE CITY COMMISSION, SO WE ARE EXEMPT THAT APPLICANT FROM THE REGULATION EVEN THOUGH THEY GOT APPROVAL, THEY HAVEN'T REALLY MOVED FORWARD WITH OPENING THE, I WOULD SAY THAT HOOKAH LOUNGE.
>> I'M GOING TO ASK FOR A POINT OF CLARIFICATION, IF I CAN, BECAUSE I BELIEVE MY FRIENDLY AMENDMENT WAS TO BE VERY SPECIFIC, ONLY ALLOWING AND I APOLOGIZE FOR NOT HAVING THE NAME OF YOUR BUSINESS.
>> THE CORPORATION'S NAME IS SUNSHINE RETAIL SHOP STORES.
>> SUNSHINE RETAIL SHOP STORES BE THE ONLY ONE WHO HAS THE OPPORTUNITY TO APPLY BY 05:00 PM TOMORROW.
>> BASED ON THE REPRESENTATION THEY RECEIVED FROM STAFF THAT THEY WERE ELIGIBLE AT THE TIME.
>> CORRECT. OBVIOUSLY THEY HAVE TO BE ELIGIBLE AND ALL THE PAPERWORK NEEDS TO BE IN ORDER.
IF THEY'RE NOT IN ORDER, THEN THEY CANNOT.
>> THANK YOU VERY MUCH FOR THAT CLARIFICATION AND WITH THAT, I'LL ACCEPT A FRIENDLY AMENDMENT TO ONLY ALLOW SUNSHINE RETAIL APPLY BY 05:00PM TOMORROW WITH THAT EXCEPTION AND NO ONE ELSE.
>> THANK YOU. NOW WE'VE CHANGED THE MOTION TO ALLOW THIS AND AT THIS TIME IS THERE ANY FURTHER DISCUSSION ON THE MATTER? I BET EVERYBODY'S LIGHTS LIT.
COMMISSIONER, VICE MAYOR, GO AHEAD.
>> THANK YOU, MAYOR. MS. CALLOWAY, CAN I ASK YOU A QUESTION, PLEASE?
>> MS. CALLOWAY, FROM THE COMMENTARY TONIGHT, DO YOU THINK OF FROM A COMMUNITY DEVELOPMENT STANDPOINT, YOU'RE ALSO AN ATTORNEY, WHAT DO YOU THINK? DO YOU THINK THIS IS LEGALLY SOUND? DO YOU THINK THIS IS SOUND FROM THE COMMUNITY DEVELOPMENT PERSPECTIVE?
>> YEAH, THE APPLICANT IS CORRECT IN HIS DESCRIPTION IN TERMS OF WHAT TRANSPIRED.
I FEEL BAD THAT THE APPLICANT DIDN'T FORMALLY FILE SOMETHING.
HAD THE APPLICANT FORMERLY FILED EITHER AN APPLICATION WITH THE BUILDING DEPARTMENT, SOMETHING FORMAL, THEN THEY WOULD HAVE AUTOMATICALLY BEEN EXEMPTED.
HOWEVER, BECAUSE THIS WAS PURE CONVERSATION, NOTHING FORMAL WAS FILED, THERE'S NOTHING WE COULD DO.
THE COURSE OF ACTION THAT THIS CITY COMMISSION IS CONSIDERING IS APPROPRIATE, IT WOULD BE TO REJECT THE ZONING IN PROGRESS BECAUSE IF YOU'RE RATIFIED TONIGHT, THEN STILL THERE IS A MORATORIUM FOR 180 DAYS.
IF YOU RATIFY SOME TIME TOMORROW, THEN THAT WOULD GIVE THE APPLICANT TO OPPORTUNITY TO FORMALLY FILE, PROVIDED THEY'RE READY WITH ALL THE PAPERWORK TO DO SO.
>> MS. CALLOWAY, PARDON ME, I THINK THAT MY QUESTION IS, DO YOU THINK THAT IT'S LEGALLY SOUND TO ONLY ACCEPT THIS APPLICANT AND THAT NO OTHER APPLICANT BEFORE 05:00 PM CAN APPLY?
>> COMMISSIONER, I'M NOT IN A POSITION TO DELIVER A LEGAL OPINION.
I'M YOUR COMMUNITY DEVELOPMENT DIRECTOR AND SO I WILL LEAVE ANY LEGAL OPINION TO YOUR CITY ATTORNEY.
>> RESPECTFULLY, I'M GOING TO DISAGREE WITH YOUR ATTORNEY.
I DON'T THINK THAT THAT IS LEGALLY SOUND.
FROM MY EXPERIENCE AS I UNDERSTAND IT, IF THERE IS NOT A ZONING IN PROGRESS, WHOEVER CAN APPLY, THE FLOODGATES HAVE OPENED.
WHILE I MAY SUPPORT THIS TONIGHT, UNDERSTAND THAT I'M PUTTING ON RECORD THAT I DO NOT THINK THAT IS LEGALLY SOUND.
I THINK THAT AS OF TONIGHT UP TO 04:59 PM TOMORROW, ANYONE CAN APPLY AND IF WE DO NOT ALLOW OTHERS TO APPLY, IT WOULD SERIOUSLY PREJUDICE THAT BUSINESS AND THAT BUSINESS WOULD HAVE LEGAL STANDING TO SUE THE CITY.
I UNDERSTAND THAT THIS COMMISSION IS RELYING ON THE ATTORNEY'S ADVICE, BUT I'M RESPECTFULLY OBJECTING TO THAT ADVICE.
MY DECISION IS NOT BASED ON THAT,
[00:55:01]
MY DECISION IS BASED ON JUST BEING FAIR, JUST SO YOU KNOW.LORI, I HAVE A QUESTION FOR YOU.
FOR THE RECORD, LORI FUNDERWHITE, ECONOMIC DEVELOPMENT.
>> LORI, TELL ME ABOUT THE BOSS PROGRAM.
>> THE BUSINESS ONE-STOP SHOP PROGRAM IS AN OPPORTUNITY FOR BUSINESSES TO MAKE SURE THAT THE LOCATION THAT THEY WANT TO GO INTO IS ALLOWED FOR THAT USE, AMONGST OTHER THINGS.
>> HOW DO YOU PARTICULARLY WORK WITH STAFF IN DIFFERENT DEPARTMENTS TO ADVERTISE THE BOSS PROGRAM AND MAKE SURE THAT THEY UNDERSTAND IT?
>> WE GET THE WORD OUT SOCIAL MEDIA PERIODICALLY, FLIERS THROUGH THE CHAMBER, A LOT OF DIFFERENT AVENUES, I WOULD SAY.
>> LORI, I BELIEVE THAT THE INTENT OF THE BOSS PROGRAM IS TO PREVENT SITUATIONS LIKE THESE AND WHEN SITUATIONS LIKE THESE CONTINUOUSLY HAPPEN, THIS IS THE SECOND TIME THAT THIS IS HAPPENING AND IT IS NOT A DISRESPECT TO YOU BUT IT SEEMS SOMETHING IS MISSING ALONG THE LINE.
IF WE HAVE A BOSS PROGRAM, STAFF SHOULD BE COMMUNICATING WITH EACH OTHER, TELLING EACH OTHER WHAT INTERESTS THERE ARE SO THAT SOMETHING LIKE THIS DOES NOT HAPPEN.
IT HAPPENED WITH THE MEDICAL MARIJUANA FACILITY.
IT IS HAPPENING NOW WITH THIS AND SO THE QUESTION THEN BECOMES, WHAT OTHER BUSINESS TYPE OR USES WOULD WE WANT TO STUDY IN THE CITY THAT OTHER PEOPLE ARE INTERESTED IN? BUT DO NOT UNDERSTAND THAT THE LAW IS IF YOU DO NOT HAVE AN APPLICATION IN, YOU'RE OUT.
WE'RE BEING FAIR TO A BUSINESS OWNER WHO SPENT MONEY BUT THE REASON FOR THE BOSS PROGRAM IS TO PREVENT PEOPLE FROM SPENDING MONEY SO THAT WE AVOID THESE PITFALLS.
CONVERSATIONS NEED TO BE HAD AMONGST STAFF SO THAT THE BOSS PROGRAM FINALLY WORKS.
[OVERLAPPING] THANK YOU FOR THAT.
>> I'M SORRY VICE MAYOR. I AGREE WITH YOU.
I THINK SHARING THIS INFORMATION WITH OUR PLAZA OWNER IS DEFINITELY WE GET THE WORD OUT FROM STAFF.
IN THIS BUSINESS OWNER DID DO THE RIGHT THING, THEY ACTUALLY PHYSICALLY CAME INTO THE DEPARTMENT TO ASK WHETHER THEY WERE ALLOWED IN THAT LOCATION RATHER THAN FILLING OUT A BOSS FORM.
THEY DID COME TO THE CITY THROUGH THE PLAZA OWNER.
SOME BUSINESS OWNERS DON'T KNOW ABOUT THE PROGRAM.
WE CAN DEFINITELY REINFORCE OUR OUTREACH EFFORTS ON THAT FRONT.
THIS BUSINESS OWNER DID KNOW TO APPROACH THE CITY AND MADE SURE THAT THEY WERE OKAY WITH SONNY.
>> I'M GOING TO ASK THAT THE BOSS PROGRAM BE REVIEWED AT AN UPCOMING COMMISSION MEETING, SO SOMEBODY PUT THAT ON THE AGENDA.
MAYBE THAT CAN BE A STAFF INITIATIVE TO ADVISE THIS COMMISSION ON HOW IT WORKS AND ADVISE US HOW A MARKETING CAMPAIGN COULD BE UTILIZED SO THAT SOMETHING LIKE THIS DOES NOT HAPPEN.
I WILL BE FAIR TO THIS ONE BECAUSE I WAS WITH THE SAME GEAR WITH THE MEDICAL MARIJUANA FACILITY.
HOWEVER, MS. CALLOWAY, WHEN THIS HAPPENS AGAIN, JUST UNDERSTAND THAT THAT'S STRIKE 3. THANKS.
>> THREATS ARE NOT APPRECIATED.
>> YES. MADAM MAYOR, I DO UNDERSTAND THE POINT THAT THE VICE MAYOR IS BRINGING UP, BUT HOWEVER, THERE IS SOME DETRIMENTAL RELIANCE, THERE'S A LEGAL TERM THAT WE ALWAYS KNOW AND ESPECIALLY IN ZONING CONTACTS, THE APPLICANT OR THE FUTURE APPLICANT INDICATED THEY SPEND MONEY, THEY ENTER INTO THE LEASE, EXPENSE SIGNIFICANT AMOUNT OF MONEY, THE EXCEPTION THAT THIS COMMISSION IS GRADING IS BASED ON DETRIMENTAL RELIANCE, I FEEL VERY COMFORTABLE THAT IT WILL PASS LEGAL MUSTER.
OBVIOUSLY, THE CONCERN RAISED BY THE VICE MAYOR, WE SHOULD ADDRESS IT IN THE FUTURE, BUT ON THIS ONE EXCEPTION, I'M VERY CONFIDENT.
[01:00:02]
DID YOU WANT TO SAY SOMETHING?>> JUST THAT WE'LL BE HAPPY TO BRING THE BOSS PROGRAM BACK AND THE UNFORTUNATE CIRCUMSTANCE AS IT RELATES TO PUT IN THIS PARTICULAR CASE WAS THAT THE BUSINESS OWNER CAME IN ON DECEMBER 14TH DURING THE DAY AND WE HAD THE CONVERSATION THAT EVENING ABOUT THE ZONING IN PROGRESS.
WITHIN 24 HOURS, THERE WAS A SHIFT.
I JUST WANTED TO CLARIFY THAT FOR THE RECORD.
>> THANK YOU. I AGREE WITH THE CITY ATTORNEY ABOUT THE DETRIMENTAL RELIANCE.
THERE ARE CERTAIN THINGS YOU JUST CAN'T HELP THAT HAPPEN.
TIMING IS EVERYTHING, WE ALL KNOW THAT.
EVERYONE ON DECEMBER 14TH AND ANNA WAS AWARE OF THIS BUT YOU WERE ALREADY RUNNING FORTH.
I'M PRETTY SURE HAD HOLIDAY TIME NOT BEEN IN THE WAY, YOU PROBABLY WOULD HAVE GOTTEN IT IN BEFORE DECEMBER 22ND, WHICH THIS ITEM ACTUALLY GOES BACK TO DECEMBER 22ND.
I DO HAVE CONCERNS ABOUT THINGS THAT ARE IN THE SLIDE.
YOU ARE RESPONSIBLE FOR YOUR ACTIONS AND YOU NEED TO GET YOUR PAPERWORK IN BUT AS WE'VE DISCUSSED WHEN WE HAD TO DEAL WITH THE MEDICAL MARIJUANA ITEM, THERE ARE CERTAIN TIMES WHEN PEOPLE SAY THEY'RE GOING TO DO THINGS AND THEN THEY NEVER DO.
IN THIS PARTICULAR INSTANCE, THERE OBVIOUSLY WAS ITEMS BEING DONE, THE BOSS PROGRAM IS A GOOD PROGRAM AND I'M VERY HAPPY THAT OUR LANDLORD AND OUR PROPERTY MANAGER FOR THIS PLAZA IS UTILIZING IT AND SENDING IT OVER OUR RELATIONSHIPS WITH OUR LEADERS AND OUR PLAZAS.
WE WILL CONTINUE TO DO EVERYTHING WE CAN TO GET THEM TO UNDERSTAND THAT THIS IS SOMETHING THAT THEY SHOULD FOLLOW.
THERE'S NOTHING THAT IS 100 PERCENT PERFECT AND AS BEEN SAID, THERE WAS DETRIMENTAL RELIANCE AND UNDERSTANDING AND AT FIRST, I HAD THE SAME ATTITUDE OF YOU MISSED THE DEADLINE, HOWEVER, WHEN GIVEN THE INFORMATION ON YOUR TIMELINE THAT YOU ACTUALLY CAME IN, THAT YOU DID UNDERSTAND THIS AND THIS AND IT IS FAIR TO KNOW THAT YOU WOULD NOT BE EXPECTED TO KNOW THAT THERE WAS A CHANGE, IS WHY I'M OKAY WITH THIS.
HOWEVER, I DO HAVE ONE ITEM FOR THE APPLICANT AND I'M NOT SURE IF THIS IS FULLY APPROPRIATE, SO PLEASE ADVISE.
THIS IS BEING DONE FOR YOU AND FOR YOUR BUSINESS THAT YOU ARE PUTTING IN THERE AND FOR THE TERM OF YOU IN YOUR LEASE.
AT THIS TIME, WITH THE ZONING IN PROGRESS THAT IS GOING TO BE RESEARCHED, WE DON'T KNOW IF THAT PLACE IN THE PLAZA WILL BE APPROVED IN THE FUTURE.
IF YOU ARE NOT THERE, YOUR LEASE TERMINATES.
I WOULD LIKE TO MAKE THIS A NON-TRANSFERABLE BUSINESS LICENSE SO THAT IF YOU LEAVE AND THE CITY COMMISSION HAS DETERMINED THAT THIS IS NOT A BUY-RIGHT LOCATION IN THE FUTURE, YOU CAN'T GIVE IT TO ANYBODY ELSE TO GO IN THERE AND ASSUME YOUR BUSINESS LIFE OCCUPATION. DO YOU AGREE WITH THAT?
>> THANK YOU. THAT WILL BE ON RECORD THAT THIS IS SPECIFICALLY AFTER YOU FILL OUT ALL YOUR PAPERWORK ON YOUR BUSINESS. [OVERLAPPING]
>> I WOULD JUST SAY THAT'S INSTRUCTION THERE, COMMUNITY PLANNING AND MANAGER BECAUSE THE APPLICATION IS NOT BEFORE YOU GUYS, WE DEALING WITH THIS ZONING IN PROGRESS.
WE DON'T WANT TO MIX THAT UP AND COMMUNITY PLANNING AND THE MANAGER, THEY WILL DEAL WITH IT AS THEY WOULD DEAL WITH ANY OTHER APPLICATION.
>> CORRECT. THOUGH THEY WILL TAKE CARE OF IT AS HE PUTS HIS ITEM IN PROCESS BUT I WANT TO MAKE SURE THAT THIS ITEM IS UNDERSTOOD FOR THE PROCESS.
>> HE DIDN'T SUBMIT THE ORIGINAL APPLICATION AND EVERYTHING, DO I NEED TO DO THAT AGAIN TOMORROW?
>> YOUR APPLICATION'S ALREADY IN, BUT IT GOT DENIED.
>> MAXINE, WHAT ARE THE NEXT STEPS? DID THEY NEED TO REFILE OR WE USE WHAT THEY HAVE?
THEY CAN RE-EMAIL IT, BUT I JUST WANT TO MAKE SURE PROCEDURALLY THAT THE COMMISSION UNDERSTANDS THAT WHAT WE'RE ASKING TONIGHT.
IN ORDER FOR THIS BUSINESS OWNERS APPLICATION TO BE PROCESSED, THE ITEM FIRST HAS TO BE REJECTED BECAUSE THE ZONING IN PROGRESS IS IN PLACE FROM JUNE 22ND.
YOUR RATIFICATION IS JUST TO KEEP IT IN PLACE.
IF YOU'RE RATIFY IT TOMORROW 5:00 P.M. AND YOU DON'T REJECT TONIGHT, IT'S STILL MEANS THE ZONING IN PROGRESS IS STILL IN PLACE.
YOU WOULD HAVE TO REJECT, WHICH OPENS THE WINDOW, AND THEN THE CITY MANAGER WOULD THEN BRING FORWARD A NEW ZONING IN PROGRESS.
>> NO. IN FACT, MAXINE, I THINK THE ONLY THING THE COMMISSION IS BASICALLY AN EXCEPTION TO THE ZONING PROGRESS RELATING TO THIS APPLICANT, SO THE ZONING PROGRESS WILL STAY INTACT WITH THIS EXCEPTION THAT THIS COMMISSION IS CREATING TONIGHT.
[01:05:02]
>> I WAS JUST GOING TO SUGGEST TO MOVE WHAT PORTION OF THAT
>> SORRY. BECAUSE WE'RE NOT AT THE MIC, SO IT'S REALLY HARD, BUT I BELIEVE THAT EVERYTHING HAS BEEN RESOLVED TO WHICH THE ZONING IN PROGRESS IS GOING FORWARD WITH ONE EXCEPTION FOR YOUR SPECIFIC BUSINESS WHICH IS ONLY ALLOWABLE TO YOU FOR THE TIME THAT YOU ARE PERSONALLY THERE AND THE BUSINESS.
>> THEY MUST APPLY BY 5:00 P.M. TOMORROW.
>> YOU WILL RESUBMIT EVERYTHING BEFORE 5:00 P.M. TOMORROW.
I HAVE A FEELING THERE'LL BE SOME EARLY MORNING TEXTS OR EMAILS.
EXIN, IS THERE ANYTHING FURTHER ON THIS ITEM?
>> YES. I JUST WOULD LIKE TO REITERATE THE MOTION BECAUSE YOU ADDED THERE IS NO TRANSFERABLE, SO THE MOTION WOULD BE TO ACCEPT YOUR FRIENDLY AMENDMENT IN ADDITION TO NOT BEING TRANSFERABLE.
>> DO YOU ACCEPT THAT, COMMISSIONER DANIEL?
>> THANK YOU. ON THIS ONE, WE'RE GOING TO ASK THE CITY CLERK TO CALL THE ROLL.
>> THANK YOU, MADAM MAYOR. VICE MAYOR BOLTON.
>> MOTION PASSES FIVE TO ZERO. THANK YOU.
>> THANK YOU. WELCOME TO THE CITY OF TAMARAC.
YOU CAN ALWAYS MOVE HERE. WE'VE GOT GREAT HOUSES TOO. YES, YOU CAN.
[LAUGHTER] I DID NOT ASK FOR IT TO BE A CONDITION OF YOUR LICENSE, BUT [LAUGHTER] THANK YOU.
[5.a TR13877 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to award RFP 23-01r and execute an agreement with Sports Facilities Management, LLC, for swimming pool management services at the Caporella Aquatic Center, for a five (5)-year contract at a fixed amount not to exceed $2,940,000 plus shared revenues with a 2023 fixed amount not to exceed $588,000 plus shared revenues; providing for the expenditure 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 an expenditure of funds for the management services at the caporella aquatic center; providing for conflicts; providing for severability; and providing an effective date. ]
NOW, LADIES AND GENTLEMEN, WE'RE GOING TO ACTUALLY GO TO OUR NUMBER 5, OUR REGULAR AGENDA, 5A TR13877.THE ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.
>> THANK YOU, MADAM MAYOR. AS A RESOLUTION STATE COMMISSIONERS, CITY OF TAMARAC, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD RFP 23-01R AND EXECUTE AN AGREEMENT WITH SPORTS FACILITIES MANAGEMENT, LLC FOR SWIMMING POOL MAGNUS SERVICE AT THE CAPORELLA AQUATIC CENTER FOR FIVE-YEARS CONTRACT AT A FIXED AMOUNT NOT TO EXCEED 2,940,000 PLUS SHARE REVENUES, WITH A 2023 FIXED AMOUNT NOT TO EXCEED 588,000 PLUS SHARE REVENUES.
PROVIDE FOR THE EXPANSION, RENEWABLE AGREEMENTS, AND APPROVAL OF ASSIGNMENTS AND OTHER AMENDMENTS AND AGREEMENTS AND EXPLAINS YOUR APPROPRIATE FUNDS TO THE CITY MANAGER, APPROPRIATE CITY OFFICIALS, CLAIM FOR EXPENDITURE OF FUNDS FOR THE MANAGEMENT SERVICE AT CAPORELLA AQUATIC CENTER, [INAUDIBLE], PROVIDE FOR EFFECTIVE DATE. THANK YOU, MADAM MAYOR.
>> THANK YOU. I NEED A MOTION AND A SECOND, PLEASE.
>> I'VE GOT A MOTION BY THE VICE MAYOR.
I'VE GOT A SECOND BY COMMISSIONER VILLALOBOS.
I WILL NOW OPEN THIS ITEM UP FOR PUBLIC COMMENTS.
IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO MAKE ANY COMMENTS? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED.
WE NOW HAVE A PRESENTATION BY GREG WARNER, OUR PARK AND REC DIRECTOR. FLOOR IS YOURS.
>> THANK YOU. MAYOR, VICE MAYOR, MEMBERS OF THE COMMISSION, GREG WARNER, DIRECTOR OF PARKS AND RECREATION.
I ALSO HAVE VIRTUALLY ON TEAMS JIM ARNOLD, WHO IS THE NATIONAL DIRECTOR OF BUSINESS OPERATIONS FOR SPORTS FACILITIES MANAGEMENT, AND DAVE PRITCHETT, WHO'S THE CHIEF OPERATING OFFICER FOR SPORTS FACILITIES MANAGEMENT, WHO ARE WITH US.
AS THE CITY ATTORNEY READ, WE WENT OUT FOR A BID.
THIS RESOLUTION IS TO AWARD RFP 23-01R AND EXECUTE AN AGREEMENT WITH SPORTS FACILITIES MANAGEMENT.
I DO HAVE A PRESENTATION TO PROVIDE SOME ADDITIONAL INFORMATION WITH THIS.
SINCE THE AQUATIC CENTER HAS BEEN OPENED IN 2007, THE CITY HAS OUTSOURCED THE MANAGEMENT SERVICES FOR THE CAPORELLA AQUATIC CENTER.
IN 2013, WE AWARDED RFP 13-02R FOR THE MANAGEMENT SERVICES THAT JEFF ELLIS MANAGEMENT, LLC FOR A TWO-YEAR TERM.
THAT AGREEMENT ALLOWED US TO DO TWO-YEAR RENEWALS WITH THEM AND UNLIMITED TERM AS LONG AS THE TERMS AND CONDITIONS STAY THE SAME.
FOR FISCAL YEAR '23, JEFF ELLIS MANAGEMENT COMMUNICATED THAT THEY WOULD NO LONGER BE ABLE TO PROVIDE THE SERVICES AT THE CURRENT TERMS AND PRICING.
WITH THAT, FROM JEFF ELLIS MANAGEMENT, WE PUT THIS SERVICE OUT TO A COMPETITIVE BID WITH AN RFP PROCESS.
WE RECEIVED THREE RESPONSES FOR THIS RFP AND ONE WAS FROM JEFF ELLIS MANAGEMENT, ONE WAS FROM USA MANAGEMENT, AND THE THIRD WAS FROM SPORTS FACILITIES MANAGEMENT, LLC.
[01:10:04]
SPORTS FACILITIES MANAGEMENT WAS THE HIGHEST SCORING FIRM AND DEEMED TO BE THE FIRM THAT BEST MET THE NEEDS OF THE CITY AND THE RFP SELECTION COMMITTEE.A LITTLE BIT ABOUT SPORTS FACILITIES MANAGEMENT, AND YOU CAN SEE THE PHOTO HERE.
THIS IS ONE OF THE FACILITIES THAT THEY MANAGE IN EDMOND, OKLAHOMA.
IT'S AN AQUATIC FACILITY AND THEY'VE HAD REALLY GOOD REVIEWS.
THE DIRECTOR OF PARKS AND RECREATION THERE CAN'T SPEAK HIGHLY ENOUGH ABOUT SPORTS FACILITIES MANAGEMENT.
I'M GOING TO TALK A LITTLE BIT ABOUT THE SERVICES THAT THEY PROVIDE AND WHY THEY'VE BEEN SO SUCCESSFUL AT EDMOND, OKLAHOMA, BUT THE COMPANY HAS 19 YEARS EXPERIENCE IN THE SUCCESSFUL MANAGEMENT OF A LOT OF DIFFERENT TYPES OF FACILITIES, COMMUNITY AQUATIC PARKS, RECREATION CENTERS, FAMILY ENTERTAINMENT CENTERS, AND ATHLETIC FACILITIES.
IN 2022, SPORTS FACILITIES COMPANY WAS NAMED THE TOP WORKPLACE NATIONALLY BY USA TODAY AND REGIONALLY BY THE TAMPA BAY TIMES.
THEY PROVIDE FULL-TIME MANAGEMENT SERVICES TO 35 VENUES NATIONWIDE AND THEY HAVE A STRONG EMPHASIS.
WITHIN THEIR PRESENTATION, THEY COMMUNICATED THERE'S A STRONG EMPHASIS ON BRANDING OF THEIR FACILITIES, COMMUNITY COLLABORATION, AND GUEST EXPERIENCE.
THEY MANAGE ALL TYPES OF DIFFERENT FACILITIES.
THEY HAVE AN AQUATIC PARTNER WHO IS SPECIFICALLY GEARED TOWARDS AQUATICS, AND THAT'S COUNCILMAN HUNSAKER.
THEY'RE IN THE FIELD OF PARKS AND RECREATION.
THEY'RE KNOWN NATIONWIDE FOR ALL THE DIFFERENT TYPES OF SERVICES THAT THEY PROVIDE IN THE AQUATIC REALM.
THEY'VE BEEN IN BUSINESS FOR OVER 50 YEARS.
THEY HAVE A CHAMP PROGRAM, WHICH IS THE COUNCILMAN HUNSAKER AQUATIC MANAGEMENT PROGRAM.
I TALKED ABOUT THE SERVICES THAT THEY PROVIDE.
THEY HAVE INNOVATIVE CONSULTING, DESIGN, OPERATIONS AND PROGRAMMING EXPERTISE IN THE AQUATIC INDUSTRY.
THEY USE PROTOCOLS AND METHODOLOGY OF THE AMERICAN RED CROSS, AQUATIC EXAMINER SERVICE AND WHITE GARDENING PROGRAM.
THEY HAVE THE EXPERIENCE OF EVERYTHING FROM NUTS TO BOLTS WITH AQUATIC CENTERS, FROM THE BUILDING AND DESIGN TO THE OPERATIONS OF THAT.
WITH COUNCILMAN HUNSAKER, THEY WILL PROVIDE AUDITING SERVICES.
YOU KNOW THAT WHAT THAT ENTAILS.
THEY SEND PEOPLE INTO THE AQUATIC CENTER UNKNOWN TO THE LIFEGUARD STAFF, AND THEY MAY CONDUCT AUDITS.
THEY'LL DO FAKE DROWNINGS, THOUGH, PUT IN DUMMIES IN THE WATER, THAT TYPE OF THING TO SEE WHAT THE REACTIONS ARE.
THOUGH AUDIT THE LIFEGUARDS TO MAINTAIN A SAFE FACILITY.
ALSO, THEY'LL PROVIDE THE LIFEGUARD TRAINING AND CERTIFICATION ALONG WITH SAFETY AND OPERATIONAL AUDITS, AS I SAID, AND COUNCILMAN HUNSAKER AND SPORTS FACILITIES MANAGEMENT HAVE PARTNERED FOR MORE THAN 15 YEARS, SO THEY'RE NOT STRANGERS TO EACH OTHER.
SOME OF THE SERVICES THAT ARE PROVIDED WITH THIS MANAGEMENT SERVICES AGREEMENT IS THE STAFFING.
THEY WILL STAFF THE AQUATIC CENTER WITH THE LIFEGUARDS, AND THOSE STAFF ARE FULL-TIME SUPERVISOR ON-SITE.
THEY'LL STAFF ON MAINTENANCE, PERSON ON SITE THAT WILL TAKE CARE OF ANY ISSUES WITH FILTRATION, THE SPLASH PAD MAINTENANCE, ALL OF THOSE TYPES OF THINGS.
THEY WILL PROVIDE PROGRAMMING AND THEY'LL PROVIDE FACILITY AND PROGRAM MARKETING.
WE'RE GOING TO TALK ABOUT THIS A LITTLE BIT MORE IN MY PRESENTATION.
BUT ONE OF THE THINGS THAT IS REALLY ATTRACTIVE ABOUT THEM AND THEY'VE PROVEN THROUGH THE OTHER FACILITIES THAT THEY MANAGE IS THAT THEY WILL INCREASE THE ATTENDANCE AT THE AQUATIC CENTER AND TRIED TO MAKE THIS.
WE TALKED ABOUT DESTINATION PARKS.
WE WANT TO MAKE THIS A DESTINATION AQUATIC FACILITY FOR OUR RESIDENTS.
WHEN WE TALKED ABOUT POOL EQUIPMENT MAINTENANCE AND TECHNICAL EXPERTISE, IT INCLUDES THE CAPORELLA AQUATIC CENTER, WHICH IS THE POOL AND THE SPLASH OR THE SPRAY GROUND.
THEN IT ALSO INCLUDES THE WATER'S EDGE PART SPLASH PAD IN THE MAINTENANCE OF THAT FACILITY.
NEXT YEAR WE'LL HAVE THE CAPORELLA PARK OPENING UP WITH A SPLASH PAD THERE, AND THEN THE TAMARAC VILLAGE PART WILL HAVE A INTERACTIVE WATER FOUNTAIN THAT THEY WILL ALSO ALSO OVERSEE THE MAINTENANCE OF.
[01:15:03]
STAFFING AND TRAINING.SPORTS FACILITIES MANAGEMENT HAS A DEDICATED HUMAN RESOURCES DIVISION.
THERE ARE A CORPORATION THAT HAS A LOT OF DIFFERENT ASPECTS THAT CAN TAKE CARE OF ALL OF THESE THINGS.
THEY HAVE THEIR OWN HUMAN RESOURCES DIVISION TO FACILITATE AND OVERSEE THE HIRING AND TRAINING PROCESS.
ALL STAFF PROVIDED WITH LIFEGUARD, CPR AND FIRST AID CERTIFICATION, AND ALL FULL-TIME STAFF.
EXPERIENCED CUSTOMER ON-BOARDING PLANS AND LEADERSHIP TRAINING THROUGH SPORTS FACILITIES MANAGEMENT.
ONE OF THE THINGS I DO WANT TO MENTION, CURRENTLY WE DO HAVE JEFF ELLIS MANAGEMENT IN PLACE.
THOSE LIFEGUARDS AND THE STAFF CURRENTLY THERE ARE BEING PROVIDED THE OPPORTUNITY TO SIGN ON WITH SPORTS FACILITIES MANAGEMENT.
SOME OF THE PROGRAMMING, AND THESE ARE JUST A FEW EXAMPLES, SWIM LESSONS WILL CONTINUE TO BE OFFERED.
ADAPTED AQUATICS FOR SPECIAL NEEDS INDIVIDUALS.
WATER AEROBICS, LAP SWIMMING, SENIOR SPLASH AND THE SWIM TEAM WILL CONTINUE.
ESPECIALLY EVENTS IN JUST A COUPLE OF EXAMPLES, MOVIE NIGHT BY THE POOL, MONTHLY THEMED PARTIES, AND THEN MARKETING.
THIS IS ONE OF THEIR REAL STRONG POINTS.
THEY WILL IDENTIFY,ENGAGE, CONVERT, AND DELIGHT PROSPECTIVE CUSTOMERS.
USE OF MULTIPLE TARGETED METHODS TO ACTIVELY MARKET THE FACILITY.
THEY'LL MEET WITH US ANNUALLY TO DEVELOP AN ANNUAL STRATEGY AND CAMPAIGN FOR MARKETING OF THE FACILITY TO GET THOSE ADDITIONAL INDIVIDUALS MAKE THE FACILITY AGAIN A DESTINATION FACILITY FOR OUR RESONANCE.
THE MAINTENANCE AND I HAD TALKED ABOUT.
THEY'LL HAVE A MAINTENANCE PERSON ON STAFF.
A STRATEGY WILL BE DESIGNED TO BEST OPERATE AND MAINTAIN THE EQUIPMENT OF ALL FACILITIES AND THOSE OF YOU THAT HAVE BEEN AROUND OR BEEN AT WATER'S EDGE PARK, WE HAVE HAD SOME ISSUES WITH FILTRATION EQUIPMENT THERE.
ALICE HAS BEEN OUT THERE QUITE A BIT, SO IT WILL HELP TO HAVE THAT PERSON ON STAFF THAT WILL BE ABLE TO MAINTAIN ON A DAILY BASIS.
DAILY WALK THROUGH AND SYSTEM CHECKLIST WILL ENSURE PROPER DOCUMENTATION AND COMMUNICATION AND 24/7 RESOURCES AVAILABLE TO ADDRESS REPAIR NEEDS.
THE AGREEMENT WITH SPORTS FACILITIES MANAGEMENT BETWEEN THE CITY AND SPORTS FACILITIES MANAGEMENT WOULD BE A FIVE-YEAR CONTRACT AS WHAT WE'RE PROPOSING.
THE FOLLOWING THE INITIAL FIVE-YEAR PERIOD.
THERE WILL BE AN OPPORTUNITY TO RENEW AT THE SAME PRICING AND TERMS AS THE ORIGINAL AGREEMENT FOR A RENEWAL OF AN ADDITIONAL FIVE YEARS AT THE DISCRETION OF THE CITY.
SOME OF THE DETAILS OF THE AGREEMENT.
THERE'S AN ANNUAL OPERATION FEE WHICH TAKES CARE OF THEIR STAFFING, THEIR OPERATIONS OF THE POOL, THOSE TYPES OF THINGS.
$408,000 IS A SET FEE PER YEAR, AND THEN ALSO A SET FEE PER YEAR, 180,000 ANNUAL MANAGEMENT FEE.
THAT INCLUDES ALL THAT, THE HUMAN RESOURCES WORK, THE INSURANCE IS THE MARKETING OF THOSE THOSE THINGS.
THERE IS A REVENUE SHARE AND THIS IS WHAT I TALKED ABOUT WITH THIS COMPANY BEING VERY CONFIDENT IN THEIR ABILITIES TO BRING MORE INDIVIDUALS INTO THE AQUATIC CENTER.
THE CITY WILL RETAIN 100 PERCENT OF THE REVENUES UP TO $123,890 PER YEAR.
THAT NUMBER IS BASED ON A THREE-YEAR AVERAGE OF THE LAST 3,4 YEARS OF OPERATION FOR THE CITY.
ALL REVENUES EXCEEDING THAT 123,890 WILL BE SHARED AT 50 PERCENT TO SPORTS FACILITIES MANAGEMENT AND 50 PERCENT RETAINED BY THE CITY.
JUST GIVE YOU AN EXAMPLE WITH THE LS AGREEMENT, [NOISE], WE HAD A REVENUE SPLIT FROM FROM ZERO DOLLARS ALL THE WAY UP.
LAST YEAR WE TOOK IN, I BELIEVE IT WAS ABOUT $140,000 IN REVENUE, AND WE PAID OUT ABOUT 66,000 OF THAT TO ALICE AND REVENUE SHARE.
THIS REVENUE SHARE, THAT FIRST 123 GOES INTO THE THE REVENUES FOR THE CITY.
ONE OF THE THINGS THAT YOU'LL NOTICE WITH BUDGET FROM 2022, AND MOVING INTO THIS AGREEMENT WITH 2023, THERE IS A THERE WAS A SIGNIFICANT COST TO INCREASE AND WE'RE GOING TO TALK ABOUT THESE NUMBERS.
[01:20:04]
BUT I WANT TO START OUT BY WRITING, AS I SAID WITH ELLIS, WE MADE THE AGREEMENT WITH THEM IN 2013 AND THEY HELD THEIR TERMS AND PRICING THE SAME ALL THE WAY THROUGH.WE'RE TALKING NINE YEARS OF HOLDING THAT PRICING.
THEY DID NOT INCREASE WITH THE INFLATION AND THAT TYPE OF THING AS WE WENT.
ALSO, AS YOU ALL KNOW THE STATE OF FLORIDA PAST THE MINIMUM WAGE LAW.
RIGHT NOW IT'S AT $12 AND EACH YEAR IT'S GOING TO BE GOING UP $1 FOR THAT, SO STAFFING COSTS ARE BECOMING MORE AS WE MOVE FORWARD IN ANY ADDITION OF FACILITY RESPONSIBILITIES.
WE'RE ADDING ON THE TAMARAC VILLAGE SPLASH PAD AND WE'RE ADDING ON THE CAPORELLA BALLPARK SPLASH PAD TO THIS AGREEMENT.
LOOKING AT THE NUMBERS WITH ELLIS AGAIN JUST TO COMPARE LAST YEAR'S BUDGET TO THIS YEAR SO YOU CAN SEE THAT THE OPERATION FEE WAS 391 PLUS AND THEN THE REVENUE SHARE OF THE MANAGEMENT FEE LAST YEAR WAS 78,881 FOR A TOTAL BUDGET OF 470.
THEN WITH SFM, AS I TALKED ABOUT IT, 588 IS GUARANTEED AND THEN THE REVENUE SHARE THE FIRST YEAR IS PROJECTED AT 9,843.50.
THE FIVE-YEAR AGREEMENT WITH SPORTS FACILITIES MANAGEMENT, THE SET FEES OF 588 STAY THE SAME ALL FIVE-YEARS.
THE ONLY WAY THEY CAN INCREASE HOW MUCH MONEY THEY BRING IN IS TO BRING ADDITIONAL PEOPLE INTO THE FACILITY AND INCREASE THOSE REVENUES.
THAT'S THEIR COMMITMENT TO US.
I ALSO WANTED TO SHOW, AND I THINK ANYTIME THAT WE SEE A LARGE INCREASE LIKE THIS, AND I HAD THE SAME THOUGHT WHEN I SAW THE THREE PROPOSALS FOR MANAGEMENT AS, CAN WE RUN IT CHEAPER? CAN WE RUN IT AT A LESS EXPENSIVE RATE? WELL, THE ANSWER TO THAT, I HAD STAFF DO A STUDY USING SOME AREA FACILITIES AND NO, WE CAN'T.
WITH THE CITY OPERATING, CITY RUN WOULD BE ESTIMATED AT ABOUT $759,000 PER YEAR, AND THAT DOES NOT INCLUDE THE INDIRECT COSTS OF HR HIRING, WHICH THERE'S A LOT OF TURNOVER WITH LIFEGUARDS, AND IT DOES NOT INCLUDE THE RISK MANAGEMENT PORTION OF THAT AS WELL.
IT'S SIGNIFICANTLY HIGHER IF THE CITY WERE TO TAKE ON THIS RESPONSIBILITY BY THEMSELVES.
IN CONCLUSION, STAFF RECOMMENDS THE AWARD OF RFP23-01R AND EXECUTION OF THE AGREEMENT WITH SPORTS FACILITIES MANAGEMENT, LLC FOR AQUATIC MANAGEMENT SERVICES FOR A TERM OF FIVE YEARS.
AT THIS POINT I'LL TAKE ANY QUESTIONS, AND AS I SAID, JIM MARTIN AND DAVE PRITCHETT ARE ON THE CALL AS WELL.
IF YOU HAVE ANY QUESTIONS FOR THE COMPANY.
>> THANK YOU, COMMISSIONER VILLALOBOS.
>> THANK YOU, GREG. IN PRESENTATION. JUST QUICK QUESTION.
WILL THERE BE ANY CITY STAFF THAT RESIDENTS CAN RELATE TO VERSUS HAVING A DIFFERENT MANAGEMENT COMPANY COMING INTO A CITY FACILITY?
>> YES. WE'LL CONTINUE TO OPERATE THE WAY WE CURRENTLY DO.
ON-SITE, WE HAVE CITY STAFF IN THE FITNESS CENTER.
WE HAVE AN ONSITE SUPERVISOR WHO OVERSEES THOSE STAFF AS WELL AS OVERSEAS THE CONTRACT FOR THEM AND THEN THE CASHIER AND ALL THE CASH HANDLING IS DONE BY CITY STAFF.
>> THANK YOU. COMMISSIONER WRIGHT?
>> QUESTION. WHERE DO YOU DERIVE THE 123 THAT THE CITY IS GOING TO TAKE INITIALLY FROM THE REVENUES?
>> THAT'S AN AVERAGE OF THE LAST FULL THREE YEARS OF OPERATION OF REVENUES THAT HAVE BEEN TAKEN IN.
THE YEAR WE DID NOT USE WAS 2020 BECAUSE OF COVID, SO '21, '22, AND 2019, AN AVERAGE OF THOSE THREE YEARS.
>> ANY OTHER QUESTIONS, COMMISSIONER WRIGHT? ANY OTHER QUESTIONS? ARE YOU GOOD? THERE YOU GO. VICE MAYOR.
>> GREG, I DON'T HAVE A QUESTION FOR YOU, BUT I JUST WANTED TO COMMEND YOU ON A GREAT PRESENTATION.
I THINK YOUR PRESENTATIONS THAT ALWAYS SO VERY THOUGHTFUL AND FULL OF INFORMATION AND YOU PRESENTED GREAT INFORMATION FOR US.
[01:25:02]
I CAN'T WAIT FOR THE PROJECT TO COME TO FRUITION AND THANK YOU SO VERY MUCH.>> THANK YOU, VICE MAYOR. JUST ONE OTHER THING THAT I DID NOT MENTION THE SPORTS FACILITIES MANAGEMENT WOULD BEGIN FEBRUARY 1ST.
>> THANK YOU. I DO BELIEVE IT WAS IN THE BACKUP.
I LIKE THE IDEA OF THIS SILENT SHOPPER, SO TO SPEAK.
I THINK THAT HIS GREAT, I KNOW IT MAY COME TO A SURPRISE, BUT I USED TO LIFEGUARD AND STUFF.
I ALSO DO REALLY APPRECIATE THAT THE NEW ENTITY WILL LOOK INTO HIRING THOSE PEOPLE WHO'VE BEEN SERVING OUR CITY WELL, AND HOPEFULLY, THINGS WILL WORK OUT ACCORDINGLY.
AS ALWAYS, THANK YOU FOR YOUR HELP.
NOTHING FURTHER THEN WE WILL CALL THE ROLL.
>> THANK YOU, MADAM MAYOR. COMMISSIONER WRIGHT?
>> MOTION PASSES 5-0. THANK YOU.
>> THANK YOU. WE WILL NOW TURN TO OUR ORDINANCES OR ORDINANCE ON FIRST READING.
[6.a TO2518 - An Ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 10, Article 3, of the City of Tamarac Land Development Code, entitled “Use Regulations”, amending Section 10-3.2, entitled “Table of Allowed Uses”, by specifically amending Table 10-3.1, entitled “Allowed Uses” to permit medical marijuana dispensaries and pharmacies as an “Accessory Use” in the MU-N (Mixed Use Neighborhood) and NC (Neighborhood Commercial) zoning districts; and amending Section 10-3.3 entitled “Use-Specific Standards” specifically amending Section 10-3.3(D)(15)(d) entitled “Medical Marijuana Dispensary” to provide for performance standards for medical marijuana dispensaries and pharmacies in accordance with Florida State statutes; providing for codification; providing for conflicts; providing for severability; and providing for an effective date.]
IT IS 6ATO2518 CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.>> THANK YOU, MADAM MAYOR. ORDINANCE OF THE CITY COMMISSION, CITY TAMARAC, MADE IN CHAPTER 10, ARTICLE 3 OF THE CITY, TAMARAC LAND DEVELOPMENT CODE ENTITLED USE REGULATION MANAGE SECTION10-3.2 ENTITLED TABLE OF LAW USERS.
BY SPECIFICALLY A MAN IN TABLE 10-3.1, ALLOW USES TO PERMIT MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES AS AN ACCESSORY USE IN THE MUN, WHICH IS COMMONLY KNOWN AS MIXED-USE NEIGHBORHOOD AND NC NEIGHBORHOOD COMMERCIAL ZONING DISTRICT AMENDING SECTION 10-3.3 ENTITLED USE SPECIFIC STANDARDS SPECIFICALLY AMENDED 10-3.3 D15 D, ENTITLED MEDICAL MARIJUANA DISPENSARY, PROVIDE FOR PERFORMANCE STANDARD FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES, ACCORDANCE WITH FLORIDA STATE STATUTES, PROVIDE FOR CODIFICATION, PRIVATE CONFLICT, PROVIDE FOR SOLUBILITY, PROVIDE FOR FACTOR DATE. THANK YOU, MADAM MAYOR.
>> THANK YOU. I NEED A MOTION AND A SECOND, PLEASE.
>> I'VE GOT A MOTION BY THE VICE MAYOR OR SECOND BY COMMISSIONER DANIEL, AND WE WILL NOW HAVE A PRESENTATION BY OUR DIRECTOR COMMUNITY DEVELOPMENT MAXINE CALLOWAY.
LADIES AND GENTLEMEN, AS THIS IS AN ORDINANCE ON FIRST READING, THERE WAS NO PUBLIC COMMENTS. MS. CALLOWAY.
>> THANK YOU. GOOD EVENING AGAIN.
MAXINE CALLOWAY, DIRECTOR OF COMMUNITY DEVELOPMENT.
FOR THE RECORD, JUST WANTED TO GIVE YOU SOME QUICK BACKGROUND AND A BRIEF PRESENTATION ON THE CHANGES THAT ARE BEING PROPOSED TONIGHT ON THE ORDINATE.
EARLY 2018 IS WHEN THE STATE WENT AHEAD AND ISSUED REGULATIONS FOR CITY TO MAKE A DECISION AS TO WHETHER WE WANT TO ADOPT REGULATIONS ON MEDICAL MARIJUANA OR WE WANT TO BAN.
IN JUNE OF 2018, THE CITY OF TAMARAC INITIALLY BANNED MEDICAL MARIJUANA DISPENSARIES.
THEN SHORTLY THEREAFTER, WE CONDUCTED A SURVEY OF THE RESIDENTS TO SEE WHETHER OR NOT THEY WANT TO HAVE THIS USE IN THE CITY.
THE SURVEY RESULTS CAME BACK, AND SO IN 2019, WE LIFTED THAT BAN.
WE ALLOWED MEDICAL MARIJUANA DISPENSARY AND PHARMACISTS PERMITTED BY RIGHT IN THE MUN AND THE NC ZONING DISTRICT AND INCIDENTAL IN THREE OTHER ZONING DISTRICT.
AFTER WE RECEIVED OUR FIRST THREE APPLICATIONS FOR MEDICAL MARIJUANA DISPENSARIES IN 2022, THE CITY THEN AMENDED IT SCORED AGAIN, AND WHEN WE DID THAT, INSTEAD OF MAKING IT PERMITTED BY WRITING THOSE TWO ZONE IN DISTRICT WHICH CHANGES TO A PUBLIC HEARING PROCESS AND MADE IT SPECIAL EXCEPTION.
THEN SINCE THAT TIME WE RECEIVED ANOTHER APPLICATION AND THEN ONE PENDING.
JUST TO REMIND YOU THAT MEDICAL MARIJUANA DISPENSARIES IS COMPLETELY REGULATED BY THE STATE.
WE ARE PREEMPTED BY THE STATE OF FLORIDA.
THEY HAVE SOME REGULATIONS, SOME OF WHICH WE ALSO ADOPTED THAT HAS TO DO WITH DISTANCE SEPARATION FROM SCHOOLS, 500 FEED FROM ELEMENTARY MIDDLE, AND HIGH SCHOOLS.
IN ADDITION TO THAT, THEY MAINTAIN THE REGISTRY FOR THE DOCTORS AND THE PROFESSIONALS.
THE LAST WE CHECK THAT IS ON THE REGISTRY AND A TOTAL OF 450 MEDICAL MARIJUANA DISPENSARIES STATEWIDE.
BROWARD COUNTY HAVE 25 OF THAT 450 THAT STATEWIDE, AND SO THESE THREE SLIDES ARE SHOWING YOU THE LOCATIONS THROUGHOUT BROWARD COUNTY WHERE THE 25 DISPENSARIES ARE LOCATED.
JUST TO MAKE IT EASIER FOR YOU.
THIS SLIDE IS SHOWING EXACTLY THE LOCATION.
[01:30:02]
AS YOU CAN SEE, DANIA BEACH, ONE, HOLLYWOOD, THREE, PEMBROKE PARK, ONE.THE CITY OF TAMARAC, ALONG WITH THE CITY OF FORT LAUDERDALE, WITH FOUR, OF CAUSE THE CITY OF TAMARAC HAS ONE APPLICATION PENDING.
THE MOST IS IN DEERFIELD BEACH WITH EIGHT CORAL SPRINGS, TWO, SO ON AND SO FORTH.
WE WENT AHEAD AND DID SOME ADDITIONAL RESEARCH AND JUST TO SHOW YOU WHAT'S HAPPENING AROUND US.
THE TOP HALF OF THE SLIDE IS SHOWING THOSE MUNICIPALITIES THAT STILL MAINTAIN THEIR BAN.
THE BAN IS STILL IN EFFECT AND SO THEY DON'T ALLOW IT.
THAT'S PLANTATION, LAUDERDALE NORTH, LAUDERDALE MARGATE, MIRAMAR, LAUDERDALE LAKES AND DEERFIELD BEACH.
DEERFIELD BEACH INSTITUTED THEIR BAN AFTER THEY RECEIVED THEIR EIGHTH APPLICATION SO THEY ALLOWED EIGHT TO GO IN, AND THEN THEY INSTITUTED THEIR BAN.
THEN THE CITY OF SUNRISE, THEY ALLOW IT IN ONE ZONING DISTRICT.
THEY ALLOW IT AS A CONDITIONAL USE THAT IS SIMILAR TO WHAT WE DO.
THE SPECIAL EXCEPTION AND CONDITIONAL USE OR SIMILAR TYPE APPLICATIONS AND SO THAT'S WHAT CORAL SPRINGS DOES.
THE CITY OF FORT LAUDERDALE, THEY PERMITTED IN THREE ZONING DISTRICT, BUT THEY USE A CONDITIONAL USE PROCESS AS WELL.
OAKLAND PARK IS THE SAME THING.
THEY USE A CONDITIONAL USE PROCESS, AND THE CITY OF COCONUT THEY ALLOW IT IN THEIR MEDICAL SERVICES OVERLY ZONING DISTRICT.
THE STATE ALSO SAYS THAT MEDICAL MARIJUANA DISPENSARIES, IF A CITY WERE TO ENACT LEGISLATION AND ALLOW THEM, MUST BE CONSISTENT TO THE WAY WE TREAT PHARMACIST.
I JUST WANTED TO BRING TO THIS BODY'S ATTENTION THAT THE CITY HAS 22 PHARMACIES THAT HAS BUSINESS TAX RECEIPT AND THAT ARE REGISTERED IN THE CITY.
WE'RE REQUIRED BY LAW TO TREAT MEDICAL MARIJUANA DISPENSARY THE SAME WAY AS IT RELATES TO HOW WE LOCATE THEM AND THE FEES THAT WE CHARGE FOR THEM.
ON DECEMBER 14TH IS WHEN YOU PROCESS YOUR LAST SPECIAL EXCEPTION, FOR A FOURTH MEDICAL MARIJUANA DISPENSARY AT 6001 NORTH UNIVERSITY DRIVE AND THEN NUMBER 2 ON THIS SLIDE IS SHOWING THE APPLICATION THAT'S PENDING IN OUR OFFICE AND APPLICATION IS FILED FOR A SPECIAL EXCEPTION THAT WE'RE IN THE PROCESS OF MOVING FORWARD TO THE PLANNING BOARD AND TO THIS BODY.
WHAT STAFF WOULD BE AMENDED SPECIFICALLY IS THE TEXTS AND THE CHART OF THE CODE.
THIS IS THE CHART AS IT EXISTED IN 2019.
I SPOKE TO IT EARLIER WHERE WE ALLOWED MEDICAL MARIJUANA DISPENSARY AND PHARMACIES AS PERMITTED BY RIGHT IN THE NUN AND THE NC ZONING DISTRICT INDUSTRY, THAT'S WHERE YOU'RE SEEING THE P. WHEN WE AMENDED IT, THIS IS THE EXISTING LEGISLATION SO WE MOVED FROM PERMITTED BY A RIGHT TO A PUBLIC HEARING PROCESS AND THAT'S JUST SE, SPECIAL EXCEPTION THAT YOU SEE IN THE CHART FOR THE MUN AND THE NC ZONING DISTRICT.
THE SAME FOR PHARMACY AS WELL.
THIS MAP WILL SHOW THE MAPPING OF THE LOCATION.
AS YOU CAN SEE, THE YELLOW IS SHOWING THE 22.
SOME OF THE PHARMACIES THROUGHOUT THE CITY.
YOU CAN SEE HOW THAT'S SPREAD OUT ON THE MAP.
THEN THE PURPLE IS SHOWING THE MEDICAL MARIJUANA DISPENSARIES, WHICH IS TOP CONCERN.
YOU CAN SEE THERE'S A BIT OF A CONCENTRATION WHERE THEY'RE LOCATED.
IT'S NOT EQUALLY DISPERSED THROUGHOUT THE CITY.
WE ALSO WENT AHEAD AND DID A RADIUS MAP JUST TO SHOW YOU HOW FAR APART THEY ARE.
THE GREEN CIRCLE IS A TWO MILE RADIUS AND AS YOU CAN SEE THE FOUR THAT HAS BEEN APPROVED, INCLUDING THE ONE THAT'S BEING PROPOSED IS WITHIN THAT TWO MILE RADIUS WHICH IS A GREEN CIRCLE.
THE AMBER CIRCLE IS A THREE MILE RADIUS, AND THE RED CIRCLE IS A FOUR MILE CIRCLE.
REALLY YOU'RE SHOWING SIGNIFICANT CONCENTRATION IN ONE ERA THAT WE'RE TRYING TO ADJUST WITH THIS LEGISLATION.
THIS SLIDE IS SHOWING STAFF'S PROPOSAL.
AS OPPOSED TO MAKING IT A PUBLIC HEARING IN THESE ZONING DESIGNATION, WE'RE PROPOSING A COMBINATION OF WHAT CORAL SPRINGS AND COCONUT CREEK HAS CURRENTLY, WHICH IS INCIDENTAL TO A PRIMARY USE.
THE SE WERE CHANGED TO A WHICH IS ACCESSORY AND IN ALL THE ZONING DISTRICTS IT WOULD BE INCIDENTAL AND THAT WOULD BE THE ADJUSTMENT IN THE CHART.
TO FURTHER PROVIDE SOME DIRECTION WE'RE ALSO PROPOSING TO AMEND THE TEXTS, SPECIFICALLY THE TEXTS THAT YOU SEE IN RED THAT TELLS YOU WHAT USES IS INCIDENTAL TOO.
WE'RE SAYING IT'S INCIDENTAL TO YOUR RETAIL USE, WHICH WOULD MIMIC YOUR PUBLICS OR YOUR WALGREENS OR CVS, OR YOUR WINN-DIXIE THAT HAS A RETAIL USE WITH A PHARMACY BEING INCIDENTAL TO IT.
YOUR MEDICAL MARIJUANA DISPENSARY OR YOUR PHARMACY WOULD BE INCIDENTAL TO RETAIL.
WE'RE ALSO PROPOSING THAT IT'D BE INCIDENTAL TO HEALTH CARE FACILITIES.
IF YOU HAVE A HOSPITAL, A CLINIC, ONE OF THOSE HEALTH CARE FACILITIES THEN A PHARMACY OR A MEDICAL MARIJUANA DISPENSARY COULD BE INCIDENTAL TO THAT USE AS WELL.
[01:35:05]
STAFF BELIEVES THAT CHANGES ARE CONSISTENT WITH THE CRITERIA OUTLINED IN THE CODE AS IT RELATES TO TEXT AMENDMENT AND THESE ARE THE CRITERIA THAT HAS BEEN ADDRESSED BY THE MEMORANDUM IN YOUR BACKUP.WE ALSO BELIEVE THE TEXT AMENDMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND CERTAIN POLICIES WITHIN THE COMPREHENSIVE PLAN.
WE ALSO BELIEVE IT'S CONSISTENT WITH THE TAMARAC STRATEGIC PLAN, SPECIFICALLY GOAL NUMBER 4.
THE ITEM WAS ALSO HEARD BY THE PLANNING BOARD AND UNANIMOUSLY 5-0, THEY VOTED TO SUPPORT STAFF RECOMMENDATION AND A RECOMMENDATION OF APPROVAL OF THE PROPOSED ORDINANCE AS BEFORE YOU.
THAT CONCLUDES MY PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.
I THINK WE HAVE ENOUGH DISPENSARIES.
WHAT WOULD HAPPEN IF CVS AND PUBLICS PHARMACIES SOMEHOW START USING THEIR PHARMACEUTICAL FACILITIES TO START DISPERSING MEDICAL MARIJUANA. IS THAT?
>> WELL, CURRENTLY, I DON'T THINK THE STATE STATUTE WOULD ALLOW THAT.
AS IT IS, THE MEDICAL MARIJUANA PRODUCT CANNOT BE DISPENSED WHERE THERE IS LIQUOR OR TOBACCO BEING SOLD.
THAT WOULD PRECLUDE UNLESS SOME TYPE OF LOBBYING WERE TO HAPPEN IN THAT WORK TO CHANGE BUT THAT WOULD PRECLUDE YOUR CVS, YOUR WALGREENS AND SO ON FROM BEING ABLE TO DO THAT BECAUSE THEY DO SELL TOBACCO AND ALCOHOL.
>> YEAH, BECAUSE I THINK WE HAVE ENOUGH, ESPECIALLY WHERE IT'S CONCENTRATED, WHERE THE BANKS ARE CLOSING DOWN USING THE VOTES.
I THINK ANYONE WANTING IT TO JUST NOT EVEN CONSIDER TAMARAC ANYMORE.
>> SEEING NO OTHER QUESTIONS FROM ANYONE ELSE AT THIS TIME THEN I WILL JUMP IN.
WE HAVE A FEW MD NOW AND A FEW OTHER MEDICAL CLINICS.
ABOUT HOW MANY DO YOU KNOW OFF THE TOP?
>> I THINK THAT THERE ARE A FEW MORE COMING IN, I THINK AT LEAST FOUR, POSSIBLY FIVE.
YOU'RE SAYING THAT THIS WOULD BE AN ACCESSORY USE TO THEM?
>> IT WOULD BE INCIDENTAL TO YOUR HOSPITAL, ANY TYPE OF HEALTH CARE FACILITY.
MEANING THAT A PATIENT WOULD BE ABLE TO SEE A DOCTOR.
AND THEN BE ABLE TO FILL THEIR PRESCRIPTION AT THAT SAME LOCATION.
>> THANK YOU. CAN YOU PUT THE SLIDE BACKUP OF THOSE CITIES THAT HAVE BANNED, PLEASE? PRIMARILY THE SISTER CITIES THAT TOUCH US THE MOST THEY HAVE BANS ON IT OR VERY RESTRICTIVE ABILITIES TO HAVE THEM SO PEOPLE ARE PILING INTO OUR CITY IN THE CONCENTRATED AREA THAT YOU'VE SHOWN US.
ONE THING WHEN I WAS IN LAW SCHOOL, MY REAL ESTATE PROFESSOR SAID EVERY DAY, NOTHING IS SAFE WHEN THE LEGISLATURE IS IN SESSION.
WAITING FOR THE DAY THAT THE LOBBYISTS GET STRONG ENOUGH AND START TELLING PUBLICS AND CVS.
I DON'T CARE IF YOU PUT LOCKS ON YOUR ALCOHOL, YOU CAN GO AHEAD AND TAKE CARE OF DISPENSING YOU FROM HERE.
WHICH WOULD THEN MEAN WE HAVE AT LEAST 22 ADDITIONAL PLACES THAT THEY CAN POSSIBLY SELL OUT OF.
I KNOW THERE WAS A NEED IN OUR CITY.
I BELIEVE THAT WE SHOW THAT THERE IS SUFFICIENT AVENUE FOR PEOPLE TO RECEIVE THEIR NEED.
PERSONALLY, I WOULD BE MORE COMFORTABLE PUTTING THE BAN BACK AND EFFECT.
THOSE PEOPLE THAT HAVE ALREADY RECEIVED THEIR LICENSES AND THEY'RE IN OUR CITY, GREAT, BUT AT THIS TIME, THE CITY OF TAMARAC NEEDS SOME OTHER BUSINESSES IN IT, AND IT SHOULD NOT JUST BE SURROUNDED BY MEDICAL MARIJUANA VAPE SHOPS AND ALL THAT OTHER STUFF.
THAT ONLY IS FOR A CERTAIN GROUP OF THE POPULATION, NOT ENOUGH FOR EVERYBODY IN THE POPULATION.
I DON'T KNOW IF THIS IS A REQUEST FOR A FRIENDLY AMENDMENT TO THE MAKER, WHICH WOULD BE VICE MAYOR AND COMMISSIONER DANIEL, IF THERE IS SUPPORT TO BAN ANY FURTHER.
I SEE THE CITY ATTORNEY HAS A PERPLEXED LOOK ON HIS FACE.
>> YES. WE HAVE THIS ORDINANCE FOR FIRST READING MAYOR.
IF THERE'S SOME PROPOSED LEGISLATION THAT THIS BODY WANTS TO MAKE IN TERMS OF BANNING FUTURE DISPENSARY.
I WOULD STRIKE TO DIRECT STAFF, CITY MANAGER, AND THE COMMUNITY PLANET.
THEN WE WOULD BRING BACK THE ORDINANCE THAT WILL PRECLUDE ANY FUTURE USE.
[01:40:01]
TONIGHT, I WOULD STRONGLY RECOMMEND WE DEAL WITH THIS ONE AND THEN YOU CAN DIRECT, COMMISSION TO MAKE A MOTION SUBSEQUENTLY, DIRECT STAFF TO COME BACK WITH LEGISLATION TO BAN ANY FUTURE USE BECAUSE THIS DOESN'T HAVE THE LANGUAGE YOU WANT.>> IN OTHER WORDS, WE WOULD SAY A DENIAL TO THIS AND THEN ASK CITY STAFF TO COME BACK IF THE SUPPORT FROM THE DAY IS TO COME BACK WITH A BAN INSTEAD?
>> CORRECT. THAT'S THE PROPER WAY.
>> THAT IS THE PROCESS, I GUESS INSTEAD OF ASKING FOR A MOTION TO AMEND THIS TO BE A BAN.
TO DO A DENIAL OF THIS ITEM, AND THEN ASKED THE CITY STAFF TO COME BACK WITH A BAN INSTEAD. COMMISSIONER DANIEL.
THERE'S ONE PENDING IN THE MIDST OR SORT OF.
>> THAT APPLICATION WOULD MOVE FORWARD THROUGH ITS PROCESS.
>> VICE MAYOR, ARE YOU LOOKING TO SPEAK?
>> DO WE WANT TO TABLE THIS AND THEN BRING IT BACK, OR IS IT BETTER THAT WE GO WITH THE MAYOR'S OPTION TO MAKE A FRIENDLY AMENDMENT NOW BECAUSE THIS IS FIRST READING, RIGHT?
>> THEN I DON'T THINK THAT THAT'S WHAT THE CITY ATTORNEY WAS SAYING.
I BELIEVE HE WAS SAYING THAT THIS IS FIRST READING AND IF WE HAVE A CHANGE, THEN WE CAN MAKE IT BETWEEN FIRST AND SECOND READING.
I BELIEVE THAT THERE ARE VARIATION OF OPTIONS ON THE TABLE.
LET US JUST BE CLEAR ON THAT AND MAYBE YOU CAN CLARIFY.
>> VICE MAYOR, JUST BASED ON THIS ORDINANCES MAKING DISPENSARY OR PERMITTED USE IN CERTAIN AREAS, CORRECT?
>> NO, IT IS NOT. IT IS MAKING IT INCIDENTAL.
>> YOU'RE ALLOWING IT AS ACCESSORY USE.
>> I'M CHANGING IT FROM SPECIAL EXCEPTION IN THE TUCSON INDUSTRY AND MAKING IT INCIDENTAL INSTEAD OR ACCESSORY.
>> LET ME MAKE SURE I USE COMMON LANGUAGE, MAKING IT A LITTLE MORE PERMISSIBLE.
IF IT'S ACCESSORY USE TO IT, TO A MEDICAL FACILITY OR SOME DIFFERENT.
THIS PROPOSED ORDINANCE, IF THE COMMISSION AS LEGISLATIVE BODY DO NOT WANT TO MAKE IT MORE RESTRICTIVE, I WOULD NOT SUPPORT THIS ORDINANCE.
>> CITY ATTORNEY, I BELIEVE WE WANT TO MAKE IT SO RESTRICTIVE THEY CAN'T DO IT ANY FURTHER.
>> MY RECOMMENDATION IS, PROBABLY ASK VICE MAYOR TO STAY WITH THIS AND WE WANT TO COME BACK WITH LEGISLATION THAT BANS THROUGHOUT THE CITY.
>> HEARING THAT, I HAVE ONE QUESTION FURTHER TO JUST JUMP IN ON.
AS WE'VE ALREADY REALIZED, SOME PEOPLE ARE LISTENING TO OUR MEETING SOME PEOPLE ARE NOT.
WHAT DO WE DO ABOUT ANYBODY WHO IS NOT HEARING US BETWEEN THE NEXT NOW AND THE NEXT MEETING WHEN WE HAVE A POTENTIAL BAN? DO WE HAVE A ZONING IN PROGRESS THAT GOES IN IMMEDIATELY THAT NO ONE CAN FILE TOMORROW SAYING I WANT TO OPEN UP A DISPENSARY?
IF THAT'S THE GOAL OF THE COMMISSION, THE NEXT YEAR, WE DON'T HAVE A NEW ONE TOMORROW.
YOU CAN FOLLOW THE SAME PROCEDURE YOU DEAL WITH THE VAPOR AND LIQUOR STORE AND HAVE THE ZONING IN PROGRESS.
>> OKAY. THEN IS COMMISSIONER BOLTON DOING A MOTION TO TABLE?
>> MS. CALLOWAY, I DON'T WANT MY SUPPORT FOR MEDICAL MARIJUANA IN THE PAST TO BE MISCONSTRUED WITH I SUPPORT MEDICAL MARIJUANA IN OUR CITY EVERYWHERE ALL THE TIME.
I BELIEVE THAT WE SHOULD BE DONE WITH MEDICAL MARIJUANA FACILITIES FOR NOW.
MAKING THIS EASIER OR ACCESSIBLE IS JUST NOT WHAT I WANT SO I WOULD BE IN SUPPORT OF TABLING IT.
BUT WITH A CAVEAT THAT WE PUT IT INTO ZONING IN PROGRESS NOW TO PREVENT ANYONE FROM PROBABLY APPLYING TOMORROW MORNING.
>> I JUST WANTED TO MAKE THE RECORD CLEAR.
THIS PROPOSED LEGISLATION IS MAKING IT MORE RESTRICTIVE GIVEN THE STATES RESTRICTION, IT IS MORE RESTRICTIVE THAN WHAT WE CURRENTLY HAVE ON THE BOOK.
CLEARLY, A BAN WOULD BE EVEN MORE RESTRICTIVE AND IT'S SOMETHING THAT WE CAN BRING FORWARD AS SOON AS THE NEXT SCHEDULED COMMISSION MEETING BECAUSE WE HAVE LEGISLATION DRAFTED.
THIS COMMISSION HAS ALREADY ADOPTED A BAN IN THE PAST
[01:45:02]
SO IT WOULDN'T BE DIFFICULT FOR US TO BRING A BAN FORWARD.BUT WE CAN ALSO INSTITUTE A ZONING IN PROGRESS TOMORROW.
IT WOULD STILL EXEMPT THE APPLICATION THAT IS CURRENTLY BEING PROCESSED AND SO THAT WOULD STILL COME FORWARD TO YOU.
WHAT YOU JUST SAID WAS WHAT I UNDERSTOOD FROM REVIEWING MY AGENDA.
THAT THIS LEGISLATION IS MAKING THE USE MORE RESTRICTIVE THAN WHAT WE HAVE.
BUT FROM THE COMMENTARY TONIGHT, I'M HEARING THAT IT IS MAKING IT AN ACCESSORY USE, WHICH WOULD THEN MAKE IT MORE FLEXIBLE OR LESS RESTRICTIVE.
>> NO. THAT'S WHY I WANTED TO CORRECT THE RECORD. BECAUSE THAT'S NOT THE CASE.
>> RIGHT. BUT YOU HEARD WHAT I HEARD.
>> THAT'S WHY IT WAS IMPORTANT FOR ME TO MAKE THE RECORD.
>> IF THAT'S WHAT IS RECOGNIZED BY THE MAYOR.
IF THAT'S MY UNDERSTANDING IN THAT TOO IS THAT, WHEN YOU DON'T HAVE TO GO TO A PUBLIC HEARING? IF I'M HEARING IT CORRECTLY, MS. CALLOWAY, THAT IF IT'S ACCESSORY USE, YOU DON T HAVE TO GO TO A PUBLIC HEARING, CORRECT?
>> BUT IT'S INCIDENTAL MEANING THAT IS NOT YOUR PRIMARY USE TO RETAIL AND TO HEALTH CARE FACILITY.
REMEMBERING NOW THAT THE STATUTE FURTHER RESTRICTS MEDICAL MARIJUANA DISPENSARY FROM OPERATING IN A RETAIL ENVIRONMENT THAT HAS TOBACCO OR ALCOHOL.
BY VIRTUE OF THAT, WE KNOW TOGETHER THAT WOULD MAKE IT EVEN MORE RESTRICTIVE.
IT'S NOT A PRINCIPLE USE, IT HAS TO BE INCIDENTAL, WHICH IS WHY WE'RE PROPOSING THE TAX IN ADDITION TO THE CHARGE TO MAKE SURE WE LIMIT THOSE USES, THAT IT'S INCIDENTAL.
WE DIDN'T OPEN IT TO HAVE IT INCIDENTAL TO ANY USE.
WE RESTRICTED IT SPECIFICALLY TO RETAIL SINCE WE KNEW THE PROTECTIONS WOULD BE THERE IN THE STATUTE AND WE WILL LIMITED IT TO HEALTHCARE AS WELL.
>> I HAVE A QUESTION FOR CLARIFICATION PURPOSES JUST TO MAKE IT A LITTLE BIT MORE CONFUSING.
WE HAVE TO DO TWO READINGS ON THIS.
IF WE SHOULD PASS THIS ON FIRST READING, WHERE WE DO CHANGES ALL THE TIME TO OUR LEGISLATION.
MAKING OUR SECOND READING NOT TOO FAR APART.
>> WE WOULD HAVE TO COME BACK. IT'S TOO MATERIAL, [OVERLAPPING] SO WE WOULD HAVE TO COME BACK FOR FIRST READING.
>> AT THIS POINT IN TIME, DOES IT EVEN MAKE A DIFFERENCE IF IT'S TABLED OR JUST VOTED DOWN FOR YOUR PURPOSES?
>> I DON'T KNOW IF YOU HAD CONSENSUS ON THE BAND.
>> LET ME CHECK TO SEE IF I HAVE CONSENSUS ON THE BAND, [OVERLAPPING] BUT THE GENERAL CONSENSUS NOT A MOTION.
THIS IS JUST GENERAL CONSENSUS.
VICE MAYOR, DO YOU SUPPORT A BAN?
>> TELL ME YOUR PLEASURE BECAUSE I THINK WE'RE SPEAKING THE SAME LANGUAGE TEMPORARILY.
>> IT'S OKAY. IT IS A FULL MOON EVERY ONCE IN A WHILE. OKAY.
>> I'VE ALREADY MADE MINE, I WOULD SUPPORT A BAN IN OUR CITY AT THIS POINT IN TIME.
>> OKAY. IT WOULD BE A MOTION TO TABLE TO BRING BACK LEGISLATION TO BAN AND NOT PROVIDE THE TEXT AMENDMENT.
THEN MANAGER, WOULD YOU BE AMENABLE TO MAKING A OR CAN YOU SUE THE CHAIR, MAKE A ZONING IN PROGRESS RIGHT NOW AT THIS MEETING?
>> WELL, YES, AND THAT'S WHAT I WAS THINKING THAT IF YOU VOTED THIS DOWN, WE INSTITUTED A ZONING IN PROGRESS EFFECTIVE TOMORROW, AND THEN WE BROUGHT BACK A BAN THAT WOULD PROTECT US IN THE INTERIM.
I DON'T THINK YOU WOULD NEED TO TABLE THIS.
>> THAT'S WHY WE'RE GOING TO TRY TO FIND OUT IF WE CAN SEND THIS FIRST FOR THE BAN, THEN I THINK YOU'D PROBABLY BE CLEANER TO TURN THIS DOWN.
BUT THE ZONING IN PROGRESS AND THEN COME BACK TO THE NEXT MEETING WITH THE BAN, IF WE GO THROUGH AND HAVE CONSENSUS.
>> ONLY THAT WE HAVE A MOTION AND THE SECOND ON THE TABLE AND WE HAVE TO DISPOSE OF THAT MOTION BEFORE WE DO ANYTHING ELSE.
>> TRUE, THIS IS NOT A VOTE, THIS IS JUST CONSENSUS TRYING TO HEAR FROM THE COMMISSION IF THERE IS SUPPORT.
COMMISSIONER DANIEL? YES, COMMISSIONER VILLALOBOS, IS A YES, AND COMMISSIONER, WRIGHT?
>> THAT'S A YES. YOU HAVE CONSENSUS FROM THE DAY, SO NOW AT THIS POINT IN TIME, I GUESS WE WILL CALL THE ROLL ON THE MOTION THAT IS CURRENTLY PENDING.
CITY CLERK, PLEASE CALL THE ROLL.
>> THANK YOU, MADAM MAYOR, COMMISSIONER VILLALOBOS?
[01:50:01]
>> THANK YOU, COMMISSIONER. NOW I BELIEVE THAT THE CITY MANAGER HAS HEARD THAT SHE WAS GOING TO INSTITUTE A ZONING IN PROGRESS EFFECTIVE IMMEDIATELY.
>> YES, WE WILL DO THAT. THEN WE'LL BRING IT BACK FOR RATIFICATION TO THE NEXT MEETING, AND THEN WE'LL ALSO BRING BACK AN ORDINANCE TO BAN.
>> ANYBODY WATCHING OUT THERE? THERE'S A BAN, OR THERE'S A ZONING IN PROGRESS EFFECTIVE IMMEDIATELY.
[8.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.]
NOW, WE'RE GOING TO GO TO OUR ORDINANCES ON SECOND READING 8AT02517.CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.
>> THANK YOU. ORDINANCE OF THE CITY COMMISSIONERS, CITY OF TAMARAC, I'M IN CHAPTER 15 OF THE CITY CODE OF ORDINANCES, ENTITLED PARKS AND RECREATION BY CREIGHTON, SECTION 15.90 ENTITLED SMOKE AND PROHIBITED IN THE PARKS, PROVIDES A CONFLICT, PROVIDE FOR SCRIVENER AND ERRORS, PROVIDED FOR SOLUBILITY, PROVIDE FOR EFFECTIVE DATE. THANK YOU, MADAM MAYOR.
>> THANK YOU. NOW, THIS ITEM IS OPEN FOR PUBLIC COMMENT, SO THIS IS A PUBLIC HEARING.
PUBLIC HEARING IS NOW OPEN AND THE FLOOR IS YOURS, MR. WATSON.
>> HE'S CORRECT. THANK YOU, VICE MAYOR.
I GOT SO EXCITED THAT WE HAD OUR PUBLIC HEARING, SO WE'VE GOT A MOTION BY THE VICE MAYOR, I NEED A SECOND? I HAVE A SECOND BY COMMISSIONER VILLALOBOS. NOW YOU MAY PROCEED.
>> THOUGHT OF GOING TO SWEAR IN OR SOMETHING LIKE THAT.
HEY, THIS IS A GREAT PROPOSAL.
>> HERE, A LOT OF PEOPLE SMOKE, BUT THERE ARE A LOT OF PEOPLE WHO DO NOT SMOKE.
WE HEAR THEM GOING TO THE BEACHES BANNING SMOKING.
AS AN EX-SMOKER, I WAS A DEGENERATE SMOKER.
HOPEFULLY, WE CAN GET THIS INTO EFFECT.
WHAT TROUBLES ME IN ANY OF THESE TYPE OF PROPOSAL ENFORCEMENT IS WHO'S GOING TO DO IT? WHO'S GOING TO ENFORCE THIS? ARE WE GOING TO ASK THE HARD WORKING BSO PEOPLE TO ENFORCE THIS? ARE WE JUST GOING TO HAVE NICE PEOPLE PUTTING UPSIDES AND SAYING, DON'T SMOKE? AGAIN, THIS IS A GREAT THING.
IT'S FINALLY, THE NON-SMOKERS HAVE TAKEN OVER WHERE THE SMOKERS USED TO.
IT'S A PLEASURE TO GO INTO A RESTAURANT NOWADAYS AND NOT SMELL SMOKE.
YOU CAN SMELL MARIJUANA QUITE OFTEN IN DIFFERENT PLACES, BUT YOU DON'T SMELL SMOKE.
THANK YOU FOR LISTENING TO ME, I APPRECIATE IT.
AGAIN, THIS IS A GOOD ISSUE, BUT WE HAVE MANY PARKS THROUGHOUT THE CITY.
KEEP A LONG THOUGHT, PLEASE BSO HAS ENOUGH ON THEIR HANDS.
>> THANK YOU. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK?
>> SAME DARCY SCHILLER, SAME KINGS POINT.
I'M A FIRM BELIEVER THAT WHAT YOU DO IN YOUR OWN HOME IS YOUR OWN BUSINESS AND NOBODY HAS THE RIGHT TO TELL YOU WHAT TO DO.
ON THE SAME TOKEN, I'M A FIRM BELIEVER THAT NOBODY HAS THE RIGHT TO IMPOSE ON MY SPACE, INCLUDING SMOKING, VAPING, ANY OF THAT.
WITH TODAY'S CHILDREN AND ALL THE LUNG CANCER AND ALL THE PROBLEMS THAT WE HAVE WITH HEALTH ISSUES, YOU WANT TO SMOKE, YOU WANT TO SMOKE POT, CIGARETTES, VAPE, WHATEVER YOU WANT TO DO, DO IT TO YOUR OWN HOME, DO IT IN YOUR OWN PROPERTY.
WHY OFFEND OTHER PEOPLE? YOU DON'T KNOW ABOUT THESE GRANDMA AND GRANDPA'S WHO ARE ON OXYGEN AND YOU'RE HAVING A PARTY LIKE MAYBE FIVE FEET AWAY, AND THAT CAUSES A HEART ATTACK, CAUSES LUNG PROBLEMS. ABSOLUTELY NOT COOL.
WHAT YOU DO IN YOUR OWN HOME IS YOUR BUSINESS.
WHAT YOU DO IN A PUBLIC PARK BECOMES MY BUSINESS IF I AM THERE.
ALSO, FOR PARENTS WHO ARE RAISING TODDLERS, WHETHER THEY SMOKE OR NOT IS NOT THE ISSUE.
DO THEY WANT THEIR CHILDREN TO SEE ALL THESE PEOPLE SMOKING? ARE THEY GOING TO PICK UP LITTLE CIGARETTE BUTTS OR LITTLE POT THINGS? AGAIN, WHAT YOU'RE DOING YOUR OWN HOME IS YOUR BUSINESS, WHAT YOU DO IN PUBLIC BECOMES THE COMMUNITIES BUSINESS.
I AM HOPING THAT THE BAN WILL GO THROUGH NOT ONLY FOR THE PARKS, BUT THE SURROUNDING AREA LIKE THE PARKING LOT.
BECAUSE IF YOUR KIDS ARE PLAYING ON THE SWINGS IN THE PARKING LOT IS FIVE FEET AWAY, WHAT GOOD IS IT? I WOULD HOPE THAT IF YOU DO IT, YOU DO IT WITH PARAMETERS INCLUDING THE PARKING LOT. THANK YOU.
>> THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO SPEAK ON THIS ITEM?
[01:55:14]
>> CITY OF TAMARAC, I THINK THIS IS GREAT.
IF SOMEBODY IS SMOKING A HUNDRED YARDS AWAY, I SMELL IT, AND IT AFFECTS ME AND MY BREATHING.
THE ONLY CAVEAT WHICH I WOULD AGREE WITH THE PREVIOUS SPEAKER IS WHO'S GOING TO ENFORCE IT.
I KNOW ONE OF THE THINGS THAT THE COMMISSION IS CONSIDERING IS HIRING MORE CODED ENFORCERS.
WE CAN'T GET PEOPLE TO KEEP THEIR DOG ON A LEASH.
NEVER MIND NOT SMOKE IN A PARK.
SO IF WE HAD MORE CODE ENFORCEMENT OFFICERS, MAYBE SOME OF THIS WOULD GET HANDLED. THANK YOU.
>> THANK YOU. ANYONE ELSE WHO'D LIKE TO SAY ANY ITEM? ANYTHING ON THIS ITEM? SEEING NONE PUBLIC HEARINGS ARE NOW CLOSED.
AND MR. GREG WARNER IS AVAILABLE FOR ANY QUESTIONS AS THIS IS ON SECOND READING. COMMISSIONER VILLALOBOS.
>> THANK YOU, MAYOR. QUICK QUESTION.
WHAT ABOUT COLONY WEST WOODMONT? HOW IS THAT BEING ADDRESSED, AS FAR AS DISBAND?
>> FOR THE RECORD, GREG WARNER, DIRECTOR OF PARKS AND RECREATION.
THE WOODMONT FOR ONE IS A PRIVATE GOLF COURSE.
THEY WOULD NOT BE REGULATED BY THIS.
WE DID NOT INCLUDE THEM IN THIS ORDINANCE.
WE TALKED SPECIFICALLY CITY PARKS.
>> WHAT ABOUT THE DINING AREA, THE EXTERIOR DINING AREA OF COLONY WEST?
>> THAT'S REGULATED BY THE RESTAURANT REGULATIONS AS WELL, THAT IF YOU SERVE FOOD AND THERE'S NO SMOKING IN THAT FACILITY.
>> BUT THERE IS SMOKING CURRENTLY.
>> I'LL SPEAK WITH BECAUSE THERE'S SUPPOSED TO BE A BARRIER AROUND WHERE THEY'RE SERVING FOOD.
>> YOU KNOW WHAT I'M TALKING ABOUT?
>> AND AS FAR AS ENFORCEMENT, I WOULD SAY WE TALKED ABOUT THIS LAST MEETING.
THERE'S GOING TO BE SIGNS BEING PUT UP.
THERE IS GOING TO BE PLENTY OF TIME OF BEING WARNED THAT YOU CAN'T SMOKE.
AND USUALLY THE PEOPLE THAT SMOKE, I WOULD SAY THEY GO TO THE PARKS AND THEREFORE THEY'RE USED TO THAT.
ONCE THREE MONTHS, FOUR OR FIVE MONTHS PASSED BY, YOU'RE NOT BEING WARNED.
YOU ARE GIVING A CITATION AT THAT POINT.
I THINK PEOPLE WILL CATCH ON TO THAT REALLY QUICKLY. IN MY OPINION.
SOME OF THEM WON'T, BUT I THINK MOST WILL COMPLY, I THINK IT'S JUST TACKLING IT LITTLE BY LITTLE UNTIL EVENTUALLY IT JUST STOPS.HOPEFULLY.
WHY DID WE NOT SAY IN PARKS AND ALSO THE FACILITIES.
>> THE CITY FACILITIES THEMSELVES ARE REGULATED BY THE STATE AS WELL WITH THE CLEAN INDOOR AIR ACT.
THERE IS NO SMOKING IN ANY CITY FACILITIES.
WHEN I WHEN I SAY CITY PARKS, WE WOULD INCLUDE THE AQUATIC CENTER.
WE WOULD INCLUDE OUR COMMUNITY CENTERS, RECREATIONAL CENTERS, THOSE TYPES OF THINGS.
>> I UNDERSTAND THIS FROM MY BACKUP INFORMATION, BUT FOR THE PURPOSE OF THOSE LISTENING, TELLING ME THE MEANING OF SMOKING.
>> OKAY. IT WOULD BE THE WAY THE ORDINANCE READS, SMOKING OR HOLDING LIGHTED TOBACCO PRODUCTS IN USE OR CONSUMPTION OF TOBACCO PRODUCTS, INCLUDING THE USE OF E-CIGARETTES OR VAPES IN PARKS UNDER THE CONTROL AND MANAGEMENT OF THE CITY IS PROHIBITED AND UNLAWFUL FOR ANY PERSON TO SMOKE, CARRY A LIGHTED FILTERED CIGAR, CIGARETTE, CIGARILLO OR USE ANY SPARKS, FLAME, MATCH OR FIRE PRODUCING DEVICE NORMALLY USED IN TOBACCO SMOKING OR TO USE OR CONSUME TOBACCO PRODUCTS INCLUDING E-CIGARETTES OR VAPES IN ANY CITY PARK OR ANOTHER CONTROL AND MANAGEMENT OF THE CITY, EXCEPT SMOKING UNFILTERED CIGARS IS PERMITTED.
>> OKAY. TELL ME THE AIM OF THIS ORDINANCE IS IT TO GET RID OF
[02:00:03]
CIGARETTE SMOKE SO THOSE PEOPLE WHO HAVE ALLERGIES CAN FEEL BETTER OR IS IT A SAFETY ISSUE?IT'S FOR THE SAFETY OF PEOPLE'S HEALTH WHILE THEY'RE IN THE PARKS.
AND I THINK I WROTE IN SOME OF THE BACKUP, MANY OF OUR PARKS ARE ACTIVE PARKS.
WE HAVE ATHLETIC PARKS, WE HAVE THE CHILDREN'S PLAYGROUNDS, WE HAVE THE SPLASH PADS, THOSE TYPES OF THINGS WHERE FAMILIES WANT TO TAKE THEIR CHILDREN, FAMILIES WANT TO BE OUT IN THE PARKS.
AND THIS MAY BE THEIR ONLY EXPOSURE TO GREEN SPACE AND CLEAN AIR.
IT IS A SAFETY MEASURE TO PROTECT THE HEALTH OF OUR RESIDENTS.
>> TELL ME THE PENALTY FOR NON-COMPLIANCE.
>> LET ME LOOK THAT UP FOR YOU.
THERE CAN BE FINES AND ANY PERSON FOUND BY VIOLATING THIS ARTICLE, SHALL BE SUBJECT TO A FINE OF UP TO $250 PER DAY FOR THE FIRST OCCURRENCE, 500 HOURS PER DAY FOR EACH ADDITIONAL OCCURRENCE.
AND THAT'S IN ACCORDANCE WITH PART OF THE CODE.
THEY MAY AT SOME POINT HAVE TO GO IN FRONT OF THE SPECIAL MAGISTRATE AND THEY COULD BE FINED HIGHER FOR THAT ADDITIONAL OFFENSES.
>> IT CAN BE AT ENFORCED BY THE CITY CODE ENFORCEMENT OFFICERS, IT CAN BE ENFORCED BY DESIGNATED EMPLOYEES OF OUR STAFF, IT CAN BE ENFORCED BY BSO.
>> SO LET'S SAY, A RESIDENT BY THE NAME OF MR. WISE IS SMOKING OR VAPING IN THE PARK, AND BSO APPROACHES, MR. WISE SAID, SORRY, YOU WERE SMOKING OR LET'S SEE EVEN ONE OF OUR CODE ENFORCEMENT PERSONS.
LET'S TAKE BSO OUT OF IT BECAUSE BSO IS MORE AFRAID, MR. WISE IS MORE AFRAID WHEN BSO APPROACHES THEM.
BUT LET'S SAY CODE ENFORCEMENT, SOMEBODY LESS THREATENING APPROACHES MR. WISE, SAID TO YOUR SMOKING, THIS IS A VIOLATION.
HOW DO YOU IDENTIFY THE PERSON? HOW DO YOU COMPEL THEM TO GIVE AN ID?
>> I'M NOT 100 PERCENT SURE HOW CODE ENFORCEMENT APPROACHES THAT, BUT I CAN GIVE YOU AN EXAMPLE OF SAY I'M OUT AT A PARK AND I SEE MR.WISE SMOKING, AND I ASKED HIM TO STOP AND LET HIM KNOW THAT SMOKING IS PROHIBITED IN THIS PARK AND YOU'RE NOT ALLOWED.
HE WAVES ME OFF THAT TYPE OF THING.
I CAN ASK HIM AGAIN IF HE DOES NOT STOP I WOULD AT THAT POINT CALL BSO AND WE WOULD TRESPASS HIM OUT OF THE PARK.
THAT'S HOW WE HANDLE A LOT OF THE DISCIPLINARY ISSUES WITH PEOPLE WITHIN THE PARK IF THEY DO NOT COMPLY.
>> OKAY. I'M GOING TO SAY YES TO THIS RESULT BECAUSE LIKE DR. JOHNSON, MY WIFE HATES CIGARETTE SMOKE AS WELL AND I KNOW SHE'S LISTENING AND I WOULD NOT HAVE A PLACE TO SLEEP AT NIGHT IF I DON'T SUPPORT THIS.
I WILL, BUT PLEASE I HEARD THAT ELVIN.
PLEASE DON'T MAKE THIS A FEEL-GOOD ORDINANCE.
BECAUSE WE HAVE TOO MANY FEEL-GOOD ORDINANCE IS ON OUR BOOKS.
I FEEL LIKE THAT'S A FEEL-GOOD THING.
MAKE SURE THAT THIS ONE HAS TEETH.
>> WELL, I'M DEFINITELY FOR THIS.
I KNOW THAT I'VE ACCIDENTALLY GONE UP TO PEOPLE IN THE PARK THINKING THAT WE ALREADY HAD THIS IN PLACE AND I'M SORRY, WE DON'T SMOKE IN OUR PARKS.
SO THIS IS A GOOD PLACE FOR PEOPLE TO BE ABLE TO RUN AROUND, AND WE'VE HAD A FRIEND OF THE CITY, SO TO SPEAK.
A VOLUNTEER IN THE CITY WHO PASSED AWAY FROM AN AWFUL BATTLE WITH LUNG ISSUES COP.
SHE GOT IT FROM SECOND HAND SMOKE, AND IT IS DREADFUL.
I LOOK FORWARD TO SUPPORTING THIS AND THEN MAYBE ONE DAY
[02:05:04]
WE CAN GET PEOPLE WHO LOOK AS WE WAS SAID, IF YOU WANT TO SMOKE IT IN YOUR OWN CAR AND YOU'RE IN YOUR OWN HOME FINE.BUT WHEN YOUR AIR FILTER, LET'S WHATEVER YOU'RE SMOKING IN YOUR CAR, THEN COME THROUGH INTO MY CAR AS I'M DRIVING.
I DON'T WANT TO GET PULLED OVER AND HAVE AN ISSUE BECAUSE I'M SITTING AT A REALLY LONG RED LIGHT AND JUST INHALING IT ALL.
MAYBE WE CAN GET THAT FIXED ONE DAY.
SINCE THAT'S NOT ON OUR TABLE RIGHT NOW, I'LL JUST CALL FOR THE ROLE ON THIS ONE. CITY CLERK.
>> THANK YOU. MADAM MAYOR, VICE MAYOR BOLTON?
>> MOTION PASSES FIVE TO ZERO.
>> EXCELLENT, LADIES AND GENTLEMEN, IT IS CURRENTLY 09:06.
WE WILL BE BACK HERE AT 09:20 ON A BREAK.
I'M NOT LOUD ENOUGH? [LAUGHTER] BASICALLY WHAT I WAS SAYING WE HAVE AN QUASI-JUDICIAL 9A,
[Items 9A - 9C]
9B, 9C THEY'RE ALL DEALING WITH SAVVY SLIDERS.THE CITY ATTORNEY WILL READ ALL OF THE TITLES INTO THE RECORD WE WILL HAVE EVERYONE'S SWORN IN.
HOWEVER, WE WILL DO DISCLOSURES AND THEN WE'LL DO IT BY MOTION FOR EACH ITEM AT THE TIME FOR VOTING FOR THINGS.
CITY ATTORNEY, WILL YOU PLEASE READ THE TITLE 9A OF TB 063, TB 064, AND TB 065, FOR THE RECORD.
ITEM 9A IS BOARD ON APPROVING SPECIAL EXCEPTION APPLICATION FOR A SAVVY SLIDERS TAMARAC LOCATED AT 2,400A WEST COMMERCIAL BOULEVARD.
TO ALLOW FOR THE USE OF OUR RENOVATED ONE STORE-Y 2,149 SQUARE FEET RESTAURANT FAST FUSE WITH THE ADDITION OF A DRIVE-THRU LANE RELATED INFRASTRUCTURE AND THE MUC DISTRICT, PURSUANT TO THE TIME I COULD HAVE ORDINANCE.
ITEM 9B IS A BOARD AUTO PROVEN VARIOUS APPLICATION SERVICE SLIDER, TAMARAC, LOCATED AT 2,400-8 WEST COMMERCIAL BOULEVARD, REQUESTING RELIEF FROM SECTION 10-4D3F3 OF THE CITY OF TAMARAC CODON.
SO ALLY, IF FACADE SIGN AND A SECONDARY STREET FRONTAGE FACADE, PROSPECT ROAD FOR A MULTI-TENANT BUILDING.
WE EXTEND OUR ACCESS TO THE INDIVIDUAL BASE WHERE NO SECONDARY FACADE SIGN IS PERMITTED BY CODE.
ITEM 9C THERE'S BOARD ORDER APPROVING VARIOUS APPLICATIONS, SAVVY SLIDER [NOISE] REQUESTS AND RELIEF FROM SECTION 10-4.4D582 OF THE CITY TAMARAC CODE OF ORDINANCES TO ALLOW A WIDTH 0.84 FEET OF LANDSCAPING FROM EXISTING 1.97 FEET.
MEASURE FROM THE PROPERTY LINE TO THE CLOSEST PARKING STALL IN LIEU OF 15 FEET, AS REQUIRED BY CODE TO ALLOW WIDTH OF 21.11 FEET IN LIEU OF THE REQUIRED 25 FEET MEASURED FROM THE PROPERTY LINE TO THE PARALLEL INTERIOR DRIVE.
I'LL EXTERMINATE EGRESS INGRESS DRIVES AS REQUIRED BY CODE.
MADAM MAYOR DO YOU WANT ME TO READ THE QUASI JUDICIAL STATEMENT?
>> YES. IF YOU WOULD PLEASE READ THE RULES OF THE QUASI JUDICIAL HEARING AND THEN PLEASE DIRECT ANYBODY WHO'S GOING TO BE SWORN IN TO BE SWORN IN.
I BELIEVE OUR CLERK WILL TAKE CARE OF THAT PART.
>> [NOISE] ALL PERSONS TESTIFYING BEFORE THE CITY COMMISSIONER MUST BE SWORN IN AND REGARD TO THE ITEMS THAT ARE GONE TO BE CONSIDERED ON AGENDA AT THIS POINT.
THE PETITIONER AND ANY EFFECTIVE PERSON SHALL BE GIVEN AN OPPORTUNITY TO PRESENT EVIDENCE, BRING FORTH WITNESSES, CROSS-EXAMINE WITNESSES OR BOUGHT ANY TESTIMONY.
ALL EVIDENCE RELIED ON REASONABLY PRUDENT PERSON IS TODAY BUSINESS SHALL BE ADMISSIBLE IN COURT OF LAW.
HOWEVER, IMMATERIAL, UNDULY REPETITION EVIDENCE SHALL BE EXCLUDED.
STATEMENTS OF CASTILE SHALL ONLY BE CONSIDERED AS ARGUMENT,
[02:10:01]
NOT BE CONSIDERED AS TESTIMONY.HOWEVER, COUNCIL FOR PARTIES SHOULD NOT BE SUBJECT TO CROSS-EXAMINATION.
CITY COMMISSION SHOULD HAVE AUTHORITY REFUSED TO HEAR ANY TESTIMONY WHICH IS IRRELEVANT REPARATIVE CREDIT.
HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE OF SUPPLEMENT, I'LL EXPLAIN THAT EVIDENCE, BUT IT SHOULD NOT BE SUFFICIENT BY ITSELF TO SUPPORT A FINITE.
DOCUMENTARY EVIDENCE MAY BE PRESENT IN THE FORM OF A COPY OR ORIGINALLY FOR VOLVO.
UPON REQUEST PROPERTIES, YOU'LL BE GIVEN AN OPPORTUNITY TO COMPARE THE COPY WITH THE ORIGINAL.
PARTIAL BEING TIRED TO CONDUCT CROSS EXAMINATION TESTIMONY IS JUST PROVIDED.
ALL DOCUMENTS WILL MAKE PART OF THE RECORD.
GENERALLY, THE FOLLOWING PROCEDURES ARE THE MANNER IN WHICH THE PETITIONER OR HIS REPRESENTATIVE MAKE THE PRESENTATION.
IF THE PETITIONER CHOOSES TO MAKE A PRESENTATION, SHE INCLUDED A DESCRIPTION OF THE NATURE OF THE PETITION.
IF THERE'S ADDITIONAL INFORMATION THAT HAS NOT BEEN PRIVILEGED TO PROVIDE TO YOU OR BY THE CITY.
EASE OF SMARTS WITH THE PETITIONER DEMONSTRATES APPLICATION CONSISTENT WITH THE CITY COMPREHENSIVE PLAN, AND WHETHER THE PETITIONER DOES NOT OR DOES NOT MEET THE REQUIREMENT OF A CITY CODE, STAFF WOULD THEN PRESENT THIS REPORT.
STAFF REPORT WITH JOHNNY INCLUDE BUT NOT LIMITED TO A DESCRIPTION OF THE REQUESTS OR THE PETITIONER ANALYSIS IS A PETITION.
CONSISTENCY WITH THE CITY COMPLAIN, AND THE CITY CODE.
PARTIES WHO HAD SUPPORTED A PETITION SHOULD MAKE THEIR PRESENTATION, PARTY SHOWING, INTRODUCE ANY EXHIBIT AND WITNESSES.
PARTIES WHO WERE IN OPPOSITION, THEN WILL MAKE THE PRESENTATION.
CITY PERSONNEL AND TENANTS SHALL PROVIDE RESPONSE TO ANY PARTY TO THE PRE-SEEN AND FINAL PRESENTATION OR THEY'D MADE BY THE APPLICANT AND CITY STAFF.
FINALLY, CITY COMMISSION SHOULD DO A VERY GOOD THE PETITION.
NO FURTHER TESTIMONY SHOULD BE TAKEN.
MEMBERS FROM CITY COMMISSION SHALL NOT ASK FOR THE QUESTION OF PERSONS PRESENT TESTIMONY.
THE CITY COMMISSIONER SHALL DISCUSS THE EVIDENCE THAT WAS PRESENTED AT THE PROCEEDING AND VOTE ON THE PETITION BASED ON COMPETENCE, SUBSTANTIAL EVIDENCE IN THE RECORD.
AT THIS POINT IT WOULD BE APPROPRIATE FOR THE COMMISSION MEMBERS DISCLOSED ANY EX PARTE COMMUNICATIONS THEY MAY HAVE WITH RESPECT TO THESE ITEMS. THANK YOU, MADAM MAYOR.
>> THANK YOU. ACTUALLY, BEFORE WE GO TO THE DISCLOSURES, WE'LL HAVE EVERYBODY WHO'S GOING TO BE SWORN IN, PLEASE STAND AND BE SWORN IN BY OUR CITY CLERK.
>> MADAM MAYOR, I JUST NEED TO ASK, ARE WE SWEARING EVERYONE FOR THE FIVE ITEMS OR JUST WITH THE THREE THAT IT WAS READ?
>> JUST FOR THE THREE FOR SAVVY PROVIDERS WE'LL DEAL WITH COLORS AFTERWARDS, PLEASE.
>> THANK YOU. ALL THE INDIVIDUALS THAT ARE HERE FOR THE ITEM IN QUESTION, CAN YOU PLEASE STAND AND RAISE YOUR RIGHT HAND? THANK YOU, SIR. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH?
>> THANK YOU. THE INDIVIDUAL HAS BEEN SWORN IN.
I WILL NOW ASK FOR DISCLOSURES, COMMISSIONER ON THE RIGHT.
>> MYSELF NONE. COMMISSIONER DANIEL?
>> NO DISCLOSURES, MADAM MAYOR.
NOW AT THIS TIME, WE'RE GOING TO HOLD OFF ON EMOTIONS IN A SECOND THE MOTION TO START, THIS WILL JUST GO STRAIGHT TO THE PRESENTATIONS AND THEN WE'LL DO EMOTIONS PART OF THE TIME FOR US TO VOTE ON THE ITEMS. WELCOME.
GOOD EVENING, MICHAEL PENNELL.
STONEFIELD ENGINEERING THROUGH ON BEHALF OF THE APPLICANT 400 NORTH ASHLEY, SWEDEN 1950 TAMPA, FLORIDA.
THANK YOU. THE APPLICATION IN FRONT OF YOU TONIGHT IS FOR SAVVY SLIDERS TAMARAC.
IT IS A SPECIAL EXCEPTION APPLICATION FOR A DRIVE-THROUGH USE IN THE MUC DISTRICT WITH TWO VARIANTS, APPLICATIONS THAT WILL GO IN CONTEXT WITH THE APPLICATION AND THE MINOR SITE PLAN IMPROVEMENTS.
THE SITE ITSELF IS LOCATED AT THE SOUTHWEST CORNER OF PROSPECT ROAD AND WEST COMMERCIAL BOULEVARD AND WAS PREVIOUSLY DEVELOPED AS FAR AS THE AUTO CARE CENTER PLAZA.
THE CENTER PLAZA IS SURROUNDED BY THE RESIDENTIAL NEIGHBORHOOD TO THE WEST, THE GAS STATION TO THE NORTH, THE CREDIT UNION TO THE EAST, AND TO THE SOUTH, THE CHURCH AND ACADEMY.
IN THE 90S THAT THE CENTER WAS SPLIT UP INTO FOUR LOTS OUR SITE AS THE EASTERN MOST LOT ON THE CORNER AND IT CONSISTS OF A 5,169 SQUARE FOOT COMMERCIAL BUILDING WITH THREE TENANTS.
AS PART OF THAT LOT SPLIT, THERE WAS A SHARED PARKING AGREEMENT PUT INTO PLACE.
THE LOT ITSELF, AS I SAID, CONSISTS OF 5,169 SQUARE FOOT BUILDING WITH THREE TENANTS.
THE WESTERN MOST TENANT IS THE DOMINOES, THE CENTER TENANT IS THE AT&T AND THE EAST IS THE FORMER MOE'S RESTAURANT, WHICH THE APPLICANT WILL BE TAKING OVER.
THE BUILDING ITSELF IS SURROUNDED BY A 55 SPACE PARKING LOT WITH UNDERGROUND STORM WATER AND SANITARY INFRASTRUCTURE.
[02:15:01]
THAT INFRASTRUCTURE WILL BE MAINTAINED AS PART OF OUR SITE IMPROVEMENTS.ACCESS TO THE SITE IS PROVIDED BY RAY INGRESS RAY EGRESS TO COMMERCIAL BOULEVARD AND RIGHT INGRESS RIGHT EGRESS TO PROSPECT ROAD AS BOTH A MEDIAN RUNNING DOWN THE CENTER.
ADDITIONALLY, THERE IS CROSS ACCESS TO THE REMAINDER OF THE PLAZA, ONE IS IN THE NORTH SIDE AND THE FRONT OF THE BUILDING, AND ONE IS ON THE SOUTH SIDE OF THE BUILDING OR IN THE REAR OF THE PROPERTY.
INTERIOR CIRCULATION IS COVERED BY TWO-WAY DRIVEWAYS ON THE SOUTH SIDE, EAST SIDE, NORTH, AND THEN THERE IS A ONE-WAY SOUTHBOUND DRIVE AISLE ON THE WEST SIDE OF THE BUILDING.
AS YOU CAN SEE ON THE EAST SIDE OF THE BUILDING NEXT TO PROSPECT ROAD, WE DO HAVE ANGLED PARKING SPACES WHICH CAN ONLY BE ACCESSED GOING NORTHBOUND ALONG THAT EASTERN DRIVE AISLE.
ADDITIONALLY, THERE IS AN EXISTING DRIVE-THROUGH PICKUP WINDOW THAT IS LOCATED ABOUT MIDWAY THROUGH THE BUILDING ON THE EASTERN FRONT EDGE.
BASED ON THAT LOCATION OF THAT DRIVE THROUGH WINDOW AND THE ORIENTATION OF THOSE PARKING SPACES, IT IS BELIEVED THAT AT SOME POINT THE INTENTION OF THIS EASTERN DRIVE AISLE WAS TO BE A NORTHBOUND ONE WAY ONLY DRIVE THERE.
IF YOU LOOK HERE, I'M JUST GOING TO SHOW YOU A COUPLE OF PHOTOS OF THE FACADES.
THE ONE ON THE LEFT HERE IS LOOKING IN FROM COMMERCIAL BOULEVARD, SHOWING THE PEDESTRIAN ACCESS TO THE TENANT SPACE AND THEN ON THE RIGHT SIDE, YOU HAVE THE PROSPECT WHO OWED EASTERN FRONTAGE SHOWING THE LOCATION OF THAT PICKUP WINDOW.
THE MOST ITSELF WILL THEN BE RENOVATED AND REPURPOSED AS A SAVVY SLIDERS RESTAURANT.
SAVVY SLIDERS IS A FAST-FOOD USER WHO SPECIALIZES IN CHICKEN FINGERS, SLIDERS AND MILKSHAKES.
THEY PRIMARILY OPERATE OUT OF THE GREATER LAKES REGION IN OHIO AND MICHIGAN.
I'VE CHOSEN THE CITY OF TAMARAC TO BE ONE OF THEIR FIRST RESTAURANTS IN FLORIDA AS THEY START THEIR FLORIDA EXPANSION.
THE PROPOSED USE WILL RENOVATE THE EASTERN TENANT BAY AND MOVE THE PICKUP WINDOW FROM THE MIDDLE OF THE EASTERN FRONT EDGE TO THE NORTHEAST CORNER OF THE BUILDING.
ADDITIONALLY, THERE WILL REMOVE EIGHT SPACES ALONG THE REAR OF THE BUILDING TO PUT IN AN EIGHT CAR PARKING SPACE IN CONJUNCTION WITH THE RELOCATED PICKUP WINDOW.
ALL ACCESS TO PROSPECT ROAD, THE EXISTING PLAZA AND ALSO COMMERCIAL WILL BE MAINTAINED AS IS WITH THE RIGHT IN AND RIGHT OUT TO THE RIGHT-OF-WAY IS AND CROSS ACCESS TO THE PLAZA.
THE ORIENTATION OF THE EASTERN DRIVE AISLE WILL BE REVISED AND SET UP AS A ONE-WAY NORTHBOUND AND THAT WILL CONTINUE OUT A POSITIVE 360 DEGREES CIRCULATION IN A COUNTERCLOCKWISE MANNER.
IN ORDER TO UPDATE THAT EASTERN AREA, THOSE EASTERN PARKING SPACES ARE ACTUALLY TOO SMALL IN DEPTH WISE AS PRO CITY ORDINANCE.
IN CONJUNCTION WITH STAFF, WE HAVE EXPANDED THOSE TOWARDS PROSPECT ROAD, WHICH IS WHERE THE VARIANCE FOR THE BUFFER COMES FROM BECAUSE WE ARE REDUCING THAT BUFFER BY 1.13 FEET.
THE PARKING SPACE REQUIREMENT FOR THIS DEVELOPMENT IS 44 SPACES.
WITH THE PROPOSED IMPROVEMENTS, WE ARE GOING TO BE LOSING TEN PARKING SPACES FROM THE EXISTING 55 SPACES AND THERE WILL BE 45 PROPOSED SPACES AT THE SITE IN COMPLIANCE WITH MINIMUM PARKING REQUIREMENTS.
WE ARE HERE TONIGHT REQUESTING A SPECIAL EXCEPTION USE APPROVAL.
AS SUCH, THE CITY DOES HAVE CRITERIA THAT NEEDS TO BE MET FOR THE DRIVE-THROUGH USE IN THE MU-C DISTRICT.
NOT GOING TO READ THROUGH IT, BUT ALL WE DID PROVIDE A MEMO OF JUSTIFICATION FOR THE SPECIAL EXCEPTION USE, BUT I WILL HIGHLIGHT A FEW FOR THE BENEFIT OF THE COMMISSION.
CRITERIAS A AND B RUN TOGETHER AS THEY TALK ABOUT THE USE.
IT IS IN ACCORDANCE WITH THE FUTURE LAND USE COMMERCIAL DESIGNATION AND IT ALSO GIVES A PERMITTED USE UPON IF THE COMMISSION DOES GIVE US A POSITIVE AT TONIGHT'S COMMISSION.
ADDITIONALLY, WE ARE REDUCING IMPERVIOUS AREA ON SITE AND THERE WILL BE NO CHANGES TO THE STORM WATER MANAGEMENT SYSTEM ON-SITE.
THE SITE IMPROVEMENTS WILL BE IN COMPLIANCE WITH CRITERIA E, AS ALL PROPOSED IMPROVEMENTS WILL BE COMPLIANT WITH LIGHT, NOISE AND LANDSCAPE REQUIREMENTS.
CRITERIAS F AND G GO TOGETHER AS THEY TALK ABOUT THE DRIVE VITAL STANDARDS,
[02:20:03]
THE DRIVE THROUGH REQUIREMENTS AND THE PARKING STANDARDS.AS WE'VE NOTED THROUGHOUT HERE, WE ARE IN COMPLIANCE WITH ALL OF THOSE AND WE'RE MAKING IT AN EXISTING NONCONFORMITY PARKING SPACE REQUIREMENT DAY.
ADDITIONALLY, WE ARE IMPROVING THE PEDESTRIAN ACCESS ON-SITE TO PROVIDE BETTER ADA ACCESSIBILITY AND BRING THAT UP TO ALL STATE AND NATIONAL STANDARDS.
THE SPECIAL EXCEPTION USE DOES COME WITH TWO VARIANCE REQUESTS.
THE FIRST IS A VARIANCE REQUEST FROM THE VEHICULAR USE AREA LANDSCAPING ADJACENT TO PUBLIC RIGHT-OF-WAYS.
THAT'S SECTION 10-4.4(D)(5)(A)(III) AND THAT REQUIRES 15 FEET OF LANDSCAPING MEASURED FROM THE PROPERTY LINE TO THE CLOSEST PARKING STALL AND A WIDTH OF 25 FEET FROM THE PROPERTY LINE TO THE DRIVE AISLE.
AS WE MENTIONED BEFORE, REALLY WANT TO ILLUSTRATE WHY THIS CAME UP AND HOW WE ADDRESSED THIS AND WHAT WE WERE CHOOSING BETWEEN.
THE EXISTING PARKING SPACE IS ONLY 17.2 FEET MEASURED FROM THE EDGE OF THE DRIVE AISLE TO THE EDGE OF PAVEMENT WITH 21.1 FEET IS REQUIRED.
THAT GIVES YOU A 1.97 FOOT BUFFER.
THAT AREA NOT VERY WELL LANDSCAPED.
IT'S MOSTLY GROUND COVER, SO IT'S NOT SIGNIFICANT LANDSCAPING THAT WOULD BE AFFECTED BY EXPANDING THAT PARKING SPACE BY 1.13 FEET, AND GIVING YOU 19.8 FEET MEASURED FROM THE EDGE OF THE PARKING SPACE OF THE DRIVE AISLE TO THE EDGE OF THE PAVEMENT.
YOU'RE GOING TO INCREASE THE AREA FOR TRAFFIC FUNCTION, WHILE ALSO MINIMALLY AFFECTING THE INTEGRITY OF THE LANDSCAPED AREA.
AS SUCH, IT IS IN COMPLIANCE WITH THE CRITERIA FOR VARIANCES 1, 3, AND 5 AS IT IS INCREASING TRAFFIC SAFETY AND THE FUNCTION OF THE SITE WHILE MAINTAINING THE INTEGRITY OF THE LANDSCAPE BUFFER AS EXISTS TODAY.
A FEW IN HERE, CRITERIA 6, 7, AND 8, I'VE ALREADY SPOKEN TO IN THE SPECIAL EXCEPTION USE CRITERIA.
THOSE ARE GOING TO BE MAINTAINED FROM THAT.
THE SECOND VARIANCE REQUEST IS FOR A SIGN ON THE SECONDARY FRONTAGE TO PROVIDE TWO SIGNS FOR THIS TENANT BAY WHERE ONLY ONE IS ALLOWED.
THE SITE IS LOCATED UPON A CORNER WITH LIMITED MOVEMENT DRIVEWAYS FOR THE SITE AND AS WELL THE EXISTING MOE'S RESTAURANT USES A VERY SIMILAR SIGN LOCATION PACKAGE, WHERE THEY HAVE TWO SIGNS LOCATED AT THE CORNERS OF THE SITE TO SHOW WHERE THE SITE IS FROM BOTH PROSPECT AND COMMERCIAL.
THE PROPOSED SIGN SHOWN ON THE RIGHT HERE, IT IS GOING TO BE THE SAME FOR THE NORTH SIDE AND THE EAST SIDE.
WE'LL FOCUS ON THE EAST SIDE BECAUSE THAT IS THE VARIANCE REQUEST.
THIS WILL GIVE YOU SITE VISIBILITY TO PROSPECT, TO, PEOPLE COMING LESS BOUND ON COMMERCIAL NORTHBOUND ON PROSPECTS.
SO THEY CAN MAKE THE NECESSARY TRAFFIC MOVES BECAUSE THEY CAN'T MAKE A LEFT IN TO THE SITE, SO THEN THEY CAN EITHER MAKE A LEFT AT THE LIGHT OR THEY NEED TO GO OUT AND MAKE A U-TURN TO ACCESS THE SITE.
THIS IS INCREASING THE TRAFFIC SAFETY OF THE AREA BECAUSE THEY'RE GOING TO BE ABLE TO RECOGNIZE THE MOVEMENTS THEY NEED TO MAKE AND THEY CAN MAKE THEM EARLIER INSTEAD OF TRYING TO CUT ACROSS THREE LANES OF TRAFFIC TO MAKE A LEFT-HAND TURN AND MAKE IT THERE AS QUICKLY AS POSSIBLE.
THAT IS REALLY WHAT THIS SIGN IS DOING AND REALLY THE ASPECTS AND WHY IT'S GOING TO INCREASE THE TRAFFIC SAFETY HERE SO MUCH.
AS SUCH, IT IS COMPLIANT WITH CRITERIAS 1, 3, 4, AND 5 AS IT WILL INCREASE TRAFFIC SAFETY ONSITE.
WE DO HAVE SOME ACTIVE PERMITS.
WE WILL GET ALL PERMITS NEEDED IN ORDER TO DO THE WORK ON SITE.
JUST WANT TO GIVE THE BOARD A FEW PICTURES OF WHAT THE SITE WOULD LOOK LIKE.
INSIDE THIS IS A GENERAL ORDER AREA.
IT WILL BE SUPPORTED BY A 20 SEAT DINING AREA.
THE EXACT LAYOUT OF THAT IS STILL IN EFFECTS, BUT THERE WILL BE 20 CHAIRS IN THERE.
THEN WE HAVE TWO PICTURE SHOWING THE EXTERIORS OF SAVVY SLIDERS THROUGHOUT THE COUNTRY.
THESE TWO ARE BOTH IN MICHIGAN.
THE PHOTO ON THE LEFT HERE IS MORE WHAT YOU CAN EXPECT DRIVING DOWN, LOOKING AT WHAT THE SIGN LOOKS LIKE,
[02:25:01]
LOOKING AT THE BRANDING FOR THE TENANT SPACE ITSELF.THEN THE RIGHT IS A SAVVY SLIDERS THAT IS OPERATING IN VARIOUS SIMILAR CONDITIONS, SHOWING THAT THE BRAND DOES KNOW WHAT THEY'RE DOING WHEN THEY HAVE THESE END CAP USERS ON A MULTI-TENANT BUILDING.
WITH THAT, AM AVAILABLE FOR ANY QUESTIONS.
MAXINE CALLOWAY, OUR DIRECTOR OF COMMUNITY SERVICE IS AVAILABLE WITH A PRESENTATION IF THE COMMISSION DESIRES, BUT IF NOT FOR RIGHT NOW, THEN I WILL JUST GO TO COMMISSIONER VILLALOBOS.
>> THANK YOU, MAYOR. I THINK THIS IS GREATEST AESTHETICS.
IT'S DEFINITELY NEW TO OUR CITY CONSIDERING LIKE YOU SAID IT'S THE FIRST ONE IN FLORIDA.
I KNOW EVERY INCH OF THAT PLAZA.
I DRIVE THROUGH THAT PLAZA GOING SOUTH.
IT DOES NEED LANDSCAPING, WHICH IS GREAT.
JUST AS THE VICE MAYOR KNOWS EVERY INCH OF IT AS WELL, IT IS ALSO GOING TO ADD TO THE PARK AREA THAT WE ARE REBUILDING.
IT REALLY GIVES IT A NICE TOUCH AND I'M GLAD SOMEONE'S TAKEN OVER MOE'S.
IT'S BEEN OVERDUE, SO IT'S GREAT.
>> THANK YOU, COMMISSIONER. VICE MAYOR.
>> CAN YOU GO BACK TO THE SLIDE FOR THE WHERE IT DEPICTS THE EASTERN FACADE.
[NOISE] THE DRIVE-THROUGH GOES FROM NORTH TO SOUTH OR FROM SOUTH TO NORTH?
>> IT GOES TO SOUTH TO NORTH. THE PICTURE ON THE RIGHT IS JUST SHOWING WHERE THE SIGN IS.
THAT IS ACTUALLY THE CURRENT LOCATION OF THE DRIVE THROUGH IN THAT PHOTO.
IT'S GOING TO GO TO THE RIGHT IN THAT PHOTO, WHICH WOULD GO NORTH AND BE UNDER WHERE THOSE THREE WINDOWS ARE ALL THE WAY ON THE RIGHT BETWEEN THE TWO MOST RIGHT COLUMNS.
>> I WAS JUST CONFUSED BY THE ARROW ON THE GROUND.
>> THAT'S NOT DEPICTING YOUR DIRECTIONAL TRIAL?
>> [OVERLAPPING] NO, THAT IS NOT DEPICTING WHAT WE'RE PROPOSING AS FAR AS THE SITE IMPROVEMENTS.
THIS IS JUST SHOWING WHERE THE SIGN IS GOING TO BE LOCATED ON THE EXISTING BUILDING.
>> THEN EXPLAIN A LITTLE BIT MORE HOW WHEN THE DRIVE-THROUGH CUSTOMERS COME THROUGH, THEY'RE GOING NORTH.
EXPLAIN THE INGRESS EGRESS AGAIN.
>> LET ME BRING UP THE SITE PLAN FOR YOU AND I WILL TALK A LITTLE BIT BETTER ABOUT IT.
THE INGRESS EGRESS, YOU'RE GOING TO MAINTAIN THE TWO DRIVEWAYS.
THE ONE ON THE LIGHT INGRESS EGRESS ON PROSPECTS.
IF SOMEONE WERE TO COME IN THE PROSPECT TO UTILIZE THE DRIVE-THROUGH, THEY WOULD COME IN, THEY WOULD MAKE A RIGHT, GO AROUND AND CIRCULATE THE BUILDING, AND THEN YOU'D END THROUGH THE DRIVEWAY THROUGH THE WESTERN ONE-WAY SOUTHBOUND DRIVE AISLE.
THAT'S THE ONLY WAY TO GET TO THAT DRIVE AISLE.
>> YOU ENTER THE PROPERTY FROM PROSPECT CLOSEST TO THE CHURCH AND SCHOOL, AND YOU GO TO THE BACK OF THE BUILDING?
>> YOU'D GO AROUND THE FRONT OF THE BUILDING TO GET TO THE DRIVE-THOUGH.
YOU CAN'T GET TO THE DRIVE-THROUGH.
[OVERLAPPING] THOSE SIGNAGES DO NOT ENTER.
A CAR CAN'T MAKE THAT U-TURN WITHOUT GOING SIGNIFICANTLY UNTIL THE EASTBOUND LANES, WHICH IS NOT A SAFE TRAFFIC MOVEMENT, WHICH IS WHY THE SIGNAGE IS THERE.
>> OFF OF PROSPECT CLOSE TO THE ROAD IN THE SCHOOL.
THE INGRESS IS COMING INTO THE PROPERTY, AND THEN WHERE DO THEY TURN? IMMEDIATELY RIGHT?
>> IMMEDIATELY TO THE RIGHT. YES.
>> BECAUSE YOUR DRIVE-THROUGH IS GOING THE SAME DIRECTION.
THEN THEY WOULD MAKE IMMEDIATE TURN RIGHT, GO TO THE FRONT OF THE BUILDING, GO AROUND THE BUILDING.
>> COME TO THE BACK OF THE BUILDING TO THEN INTO THE DRIVE-THROUGH THAT GOES SOUTH.
>> THE DRIVE-THROUGH WOULD GO NORTH.
IT COMES FROM THE SOUTH TO THE NORTH.
THAT WE HAVE THE BUILDINGS IN THE SOUTH.
WHAT VOLUME DO YOU HAVE IN THE OTHER STORES? ARE YOU BUSY? WOULD YOU SAY THAT YOU DO GOOD BUSINESS?
>> YEAH, WE'D SAY THEY DO GOOD BUSINESS AND THEY HAVE DONE STUDIES AND THIS EIGHT STACK DRIVE-THROUGH
[02:30:02]
IS STANDARD FOR THEM AND THUS THAT WILL SUPPORT THE CAPACITY THAT THEY'RE LOOKING FOR.>> WOULD YOU SAY THAT THIS LOCATION WOULD BE AS BUSY AS YOUR OTHER LOCATIONS?
>> I'M NOT PRIVY TO THE MARKET STUDIES THAT THEY DID TO CHOOSE THIS LOCATION, BUT THEY DID CHOOSE IT FOR A REASON AND IT IS THAT IT WILL BE SUCCESSFUL AND THEY WANT IT TO BE A BRAND BUILDER FOR FLORIDA.
>> YOU CHOSE THIS LOCATION BASED ON WHAT? TRAFFIC COUNTS OR WHAT DID YOU BASE THIS ON?
>> I'M NOT PRIVY TO THAT INFORMATION.
I BELIEVE IT'S PROBABLY PRIVATE MATERIAL FOR THEM.
>> TO THE WEST OF YOUR SHOP, REMIND ME OF THE BUSINESSES JUST FOR THE BENEFIT OF THE PUBLIC.
>> AS YOU START FROM THE SAVVY SLIDERS, THE FIRST ONE TO THE WEST IS THE AT&T AND THEN THE OTHER END CAP WITH NO DRIVE-THROUGH ON THE WEST SIDE OF THE BUILDING, THAT IS THE DOMINO'S PIZZA.
I SPOKE BACKWARDS, I APOLOGIZE.
>> DOMINO'S FIRST AND THEN AT&T.
>> THEN AT&T. I'LL GO BACK TO THE SLIDE BEFORE.
YES. JUST IMAGINE ALL OF US THAT THIS BUSINESS IS AS BUSY AS CHICK-FIL-A.
YOU ARE TELLING US THAT TRAFFIC COMES OFF OF PROSPECT, ENTERS FROM PROSPECT, GOES ONTO YOUR PROPERTY, MAKES AN IMMEDIATE RIGHT, GOES TO THE FRONT OF THE BUILDING, FORMS A LINE AROUND YOUR BUILDING BECAUSE YOUR SAVVY SLIDERS AND YOUR SLIDERS ARE GOOD AND PEOPLE ARE COMING TO YOUR LOCATION.
FORMS A LINE AROUND THE BUILDING, IMPEDES ANYONE THAT WANTS TO COME IN OFF OF COMMERCIAL BOULEVARD, SEE THAT INGRESS.
COMES OFF A COMMERCIAL BOULEVARD BUT THE CARS ARE STACKED AROUND THE BUILDING.
THEY WANT TO GO TO DOMINO'S OR AT&T, BUT CAN NO LONGER PARK IN FRONT OF THE BUILDING BECAUSE YOUR CARS ARE BLOCKING THEM.
WHAT THEN HAPPENS IS THAT COMMERCIAL BOULEVARD GETS BACKED UP WITH TRAFFIC.
OR THAT CAR THAT'S COMING OFF OF COMMERCIAL BOULEVARD, HAS TO MAKE A RIGHT INTO THE PLAZA TO AVOID YOUR TRAFFIC, AND GOES TO PARK WHERE THE OTHER BUSINESSES ARE TO THE WEST.
>> I UNDERSTAND WHAT YOU'RE ASKING.
>> THAT'S THE BUSINESS YOU WANT AT THAT PLACE.
>> WHAT THEY'RE LOOKING AT THE DRIVE-THROUGH IS THEY KNOW WHAT THEY TYPICALLY DO AND WHAT THEIR DRIVE-THROUGH CAPACITY TYPICALLY IS.
THAT IS HOW THEY CAME UP WITH THIS EIGHT CARS STACKED, AND THAT IS WHAT THOSE STANDARD IS.
IF IT DOES GET PAST THAT ONE, I THINK THEY'D BE INCREDIBLY ECSTATIC ABOUT THAT.
THEN I'D THINK THAT IS A HYPOTHETICAL WE CAN ADDRESS IF IT HAPPENS.
OBVIOUSLY, THEY DON'T WANT THIS TO BE A NUISANCE TO THEIR NEIGHBORS, TO THEIR DEVELOPMENT AND CREATE UNSAFE TRAFFIC CONDITIONS.
WE CAN DEFINITELY AGREE THAT IF THAT HAPPENS, WE WOULD INVESTIGATE IT AND COME UP WITH SOLUTIONS, BUT THAT IS NOT ANTICIPATED TO HAPPEN.
>> THERE'S NO EXISTING DRIVE-THROUGH AT THE LOCATION RIGHT NOW FOR WHERE MOORE'S WAS, RIGHT?
>> THE PICKUP WINDOW IS NOT IN OPERATION RIGHT NOW, WHICH IS WHY THIS IS A SPECIAL EXCEPTION TO THIS.
>> THANK YOU. COMMISSIONER, WRIGHT.
>> OUT OF CURIOSITY, WHAT OTHER STATES DO HAVE LOCATIONS?
>> THOSE TEND TO HAVE SMALLER POPULATION-BASED, AND I'LL SAY BROWARD COUNTY.
BASED ON THOSE NUMBERS, IS IT BASED ON POPULATION THAT ARE IN THOSE CITIES OR IS IT BASED ON DIFFERENT PEOPLE VISITING? IN THE SENSE THAT INTERFACE INTO VICE MAYOR WITH THE TRAFFIC AND JUST WE WANT YOU TO BE AS BUSY AS CHICK-FIL-A.
WE WANT YOU TO BE AS SUCCESSFUL AS CHICK-FIL-A.
BUT WITH THAT COMES A LOT OF TRAFFIC BECAUSE THERE'S A CHICK-FIL-A ON COMMERCIAL.
BUT THEY HAVE THE SPACE, AND WITH YOU GUYS GOING IN A PLAZA IF ALL TRAFFIC COMES IN, IT WILL IMPEDE THE TRAFFIC ON COMMERCIAL.
>> WE HAVE CONDUCTED A TRAFFIC STUDY THAT HAS BEEN REVIEWED BY THE CITY'S TRAFFIC ENGINEER AND THAT DOES APPLY.
[02:35:02]
ONE, THE TRAFFIC THAT IS ON THE ROADS AROUND THE SITE, SO COMMERCIAL AND IT DOES TAKE THAT INTO COMMERCIAL'S TRAFFIC ASPECT AND PROSPECTS AND THEN TAKES IT FOR WHAT SAVVY'S TYPICALLY DOES AND ALSO APPLIES INDUSTRY STANDARDS TO IT FOR A DRIVE-THROUGH USE THAT WOULD BE LIKE THIS.I WOULD SAY CHICK-FIL-A IS ATYPICAL.
OBVIOUSLY EVERYONE WANTS TO BE AS BUSY AS CHICK-FIL-A, BUT THEY ARE AS AN ATYPICAL RESTAURANT.
THIS HAS BEEN ACCEPTED, THE TRAFFIC STUDY AND HOW WE DID IT BY THE CITY'S TRAFFIC ENGINEER.
> WHO WOULD YOU SAY IS YOUR COMPETITOR? RAISING CANE'S? YOU SEEM LIKE A RESTAURANT LIKE RAISING CANE'S? > SAY SOMETHING IN THAT EFFECT, YES.
>> THEY TEND TO HAVE STANDALONE LOCATIONS, WITH A DRIVE-THROUGH.
>> THEY ALSO HAVE END CAPS AS WELL, BUT YES, THEY TYPICALLY DO FREESTANDING.
>> THANK YOU. ONE, I WANT TO THANK STAFF AND ALSO OBVIOUSLY THE APPLICANT FOR AGREEING TO THE ITEM THAT I BECOME A LITTLE PICKY ABOUT, CODE REQUIREMENTS AND OTHER EXCEPTIONS TO BE SIGNED BY A NEW OWNER IF YOU SHOULD TRANSFER.
I'M VERY EXCITED THAT MOSS IS GOING TO BE TURNING INTO SOMETHING VIABLE.
IT WAS SOMETHING ELSE PRIOR TO THAT, AND SOMETHING ELSE PRIOR TO THAT.
IT DID REALLY WELL AS A BAGEL PLACE UP UNTIL THE TIME TO LEAVE.
I THINK THAT'S WHERE THE WINDOW WAS IN FULL FORCE, BUT YOU PROBABLY WEREN'T EVEN BORN YET, SO I'M NOT EVEN GOING TO GO THERE.
SHUSH. [LAUGHTER] I THINK WELL, SOME OF MY COLLEAGUES ARE GOING SOME OF THE CONCERNS ABOUT A DEDICATED RIGHT TURN LANE OFF OF COMMERCIAL BOULEVARD.
WHILE THEY MAY BE THINKING ABOUT CHICK-FIL-A, I'M MORE THING OF POPEYES ON COMMERCIAL BOULEVARD, WHICH HAS HAD SIGNIFICANT ISSUES AND THEY'VE HAD A WRAPAROUND, IT'S IN ANOTHER CITY VERSUS OURS, BOTH OF THOSE WERE OTHER CITIES THAN OURS, BUT ON THE SOUTH SIDE OF COMMERCIAL MORE WEST.
THE CONCERN I THINK THAT WE'RE HAVING IS A COMPLEMENTARY CONCERN.
WE THINK YOUR BUSINESS IS GOING TO DO VERY WELL, BUT WE THINK THAT THERE'S GOING TO BE SOME ISSUES WITH TRAFFIC PATTERN.
ANYBODY WHO'S DRIVEN COMMERCIAL BOULEVARD, ESPECIALLY SOME OF US WHO GO TO WORK SOMETIMES THAT WAY, THERE'S A DUNKIN DONUTS ONLY ANOTHER MILE, NOT EVEN, AND THERE IS NO RIGHT TURN AND THE TRAFFIC HOLDUP ALONG COMMERCIAL BOULEVARD IS A NIGHTMARE.
BUT IN TALKING WITH MS. CALLOWAY EARLIER TODAY AND CITY MANAGER EARLIER TODAY, IT IS MY UNDERSTANDING THAT YOU HAVE REVIEWED THIS, YOUR TRAFFIC ENGINEER HAS REVIEWED THIS, OUR TRAFFIC ENGINEER HAS REVIEWED THIS, AND THERE'S BEEN DISCUSSION AS THIS IS PROPERTY OF FDOT, THAT WE'VE BEEN DENIED A RIGHT TURN LANE, IS THAT CORRECT?
>> IF THAT DID HAPPEN, IT WAS PRIOR TO US BEING INVOLVED IN THE APPLICATION.
>> MS. CALLOWAY, IF YOU WOULD PLEASE CLARIFY FOR THE RECORD?
>> THE APPLICATION SPECIFICALLY FOR CULVERTS, BUT YES, REMEMBER THAT THIS LOCATION, THE ONLY REASON THEY ARE COMING BEFORE YOU IS FOR THE DRIVE-THROUGH WINDOW, THE RESTAURANT IS PERMISSIBLE.
FDOT HAS RIGHT AWAY ON COMMERCIAL BOULEVARD, ANY TURN LANE WOULD HAVE TO GO THROUGH THEM, SO THEY WERE APPROACHED FOR THE OTHER PROJECT THAT YOU'LL BE LOOKING AT FOR CULVERTS AND THAT WAS DENIED.
>> I HAVE CONCERNS ON BOTH OF THE PROJECTS ABOUT RIGHT TURN LANES AND WE'LL GET TO CULVERTS LATER ON THAT.
BUT UNDERSTANDING IF YOU ARE ON THE RECORD HERE BY STATING THAT IF THERE SHOULD BE SUCH AN ISSUE WHERE TRAFFIC WILL BE BURDENED, YOU WILL BE MORE THAN HAPPY TO BE RESPONSIBLE TO TAKE CARE OF ANY OF THOSE ISSUES FOR US.
>> I'M PRETTY SURE PEOPLE WILL NOT WANT TO COME TO YOUR PLACE IF THEY CAN'T REALLY GET IN AND IT'LL TURN THEM AWAY, IT'S NOT GOOD BUSINESS.
YOU MADE A COMMENT ABOUT THAT THERE'S AN AGREEMENT WITH THE OTHER PARCEL, WHEN YOU SEPARATED OUT FROM THE PARCEL, IS THAT THE PARCEL THAT'S ACTUALLY THE AUTOMOTIVE PARCEL?
YOU HAVE THE AUTOMOTIVE PARCEL, IT IS SPLIT INTO TWO, MORE RIGHT ON WHERE THE GARAGE IS AND THEN THERE IS A RETAIL ASPECT THAT WE WAS SPEAKING TODAY, AND THEN YOU HAVE THE JIMMY JOHN'S, I FORGET WHAT THE OTHER USER IN THERE IS ON THE CORNER.
THAT WAS THOSE FOUR LOTS FOR THE ORIGINAL APPLICATION FOR THE REGIONAL DEVELOPMENT AND THEY WERE SPLIT SOMETIME IN THE '90S.
>> OKAY. WHAT ALL THE PARKING AND THE INGRESS-EGRESS AND ANY OF THE ISSUES IN LANDSCAPING, THEY ARE NOT GOING TO NEGATIVELY AFFECT THAT LOT OWNER?
>> IS THAT CORRECT? HAS THERE BEEN DISCUSSION WITH THAT LOT OWNER? IS THERE CLARIFICATION FROM THE LOT OWNER THAT ALL OF A SUDDEN WE'RE NOT GOING TO HAVE ANY ISSUES IF THERE'S APPROVALS?
>> THEY HAVE EASEMENTS IN PLACE, AND IF WE AFFECT THOSE EASEMENTS,
[02:40:01]
WE HAVE TO HAVE DISCUSSIONS WITH THEM AND WE'RE NOT AFFECTING THEM.>> THE AGREEMENT IN EASEMENTS ARE IN PLACE.
>> PRESUMABLY, YOU WILL DEAL WITH WHATEVER DUMPSTER ISSUES AND MAKING SURE THAT, NOW THAT YOU WILL HAVE MORE BUSINESS BECAUSE WE'RE CONFIDENT YOU WILL HAVE MORE BUSINESS, THAT THE DUMPSTERS WILL BE MADE SUITABLE TO SIZE FOR YOUR BUSINESS AND YOU ALSO HAVE DOMINO'S AND I DON'T KNOW ABOUT AT&T AND HOW MUCH THEY USE THE DUMPSTER.
WE WILL NOT GET ANY CALLS FROM PEOPLE IN RESIDENCE FOR ADDITIONAL CONCERNS WITH THAT WHICH IS ATTRACTED BY GARBAGE FROM FOOD LOCATIONS?
>> YES. WE DON'T WANT NUISANCES ON THE SITE AS WELL.
>> THANK YOU. YOU'VE ANSWERED ALL MY QUESTIONS.
IF THERE'S NOTHING FURTHER FROM VICE MAYOR BOLTON.
>> I'M PRO-BUSINESS, I'M PRO-RESTAURANTS, AND FROM THE COMMENTARY, I SUSPECT THAT YOU ARE GOING TO BE OKAY WITH YOUR APPLICATION.
DON'T FEEL TERRIBLY BAD IF IT'S FOUR TO ONE OR THREE TO TWO, OR HOWEVER IT GOES.
BUT THIS IS MY DISTRICT AND THESE RESIDENTS, AND ALL MY RESIDENTS, I FEEL STRONGLY ABOUT, I TAKE ALL OF THEIR COMPLAINTS SERIOUSLY.
THERE WERE ALREADY COMPLAINTS ABOUT TRAFFIC IN MOSS AND DIRECTIONAL TRAFFIC AND CHANGING IT, STAFF KNOWS ABOUT THOSE COMPLAINTS TOO.
I CAN'T IN GOOD CONSCIENCE VOTE YES ON THIS BECAUSE THAT'S A NIGHTMARE WAITING TO HAPPEN.
I OWE IT TO MY RESIDENTS TO ALWAYS PROTECT THEM, SO I'M GOING TO PASS ON THIS ONE, BUT I HOPE THAT YOUR BUSINESS IS SUCCESSFUL WITH OR WITHOUT A DRIVE-THROUGH, AND IF YOU ARE IN TAMARAC, I WILL I'LL STOP BY AND HAVE SOME SLIDERS. THANK YOU.
>> I KNOW THAT WE HAVE SOME DISTRICT 1 RESIDENTS IN THE AUDIENCE, BUT I DON'T KNOW IF WE HAVE ANYBODY SPECIFICALLY FROM THOSE IMPORTANT COMMUNITIES RIGHT THEN IN THERE.
BUT I'M SEEING THAT THERE'S NO FURTHER COMMENT.
CITY CLERK, PLEASE CALL THE ROLL.
WE NOW NEED SOME MOTIONS, RIGHT?
>> I WILL TAKE A MOTION FOR 9ATBO63.
DO I HAVE A MOTION AND A SECOND, PLEASE?
>> I HAVE A MOTION BY THE VICE MAYOR AND I HAVE A SECOND BY COMMISSIONER VILLALOBOS.
CITY CLERK, PLEASE CALL THE ROLL.
>> THANK YOU, MADAM MAYOR. COMMISSIONER DANIEL?
>> MAYOR, [OVERLAPPING] PUBLIC HEARING.
>> MY APOLOGIES, WE ARE NOT VOTING.
>> LADIES AND GENTLEMEN, PUBLIC COMMENTS ARE NOW OPEN FOR ANY ONE OF ANY ITEMS A, B, OR C. ANYBODY WISH TO MAKE COMMENTS ON THESE ITEMS? SEEING NONE, PUBLIC HEARING IS NOW CLOSED.
WE SHALL RESUME OUR VOTING. MY APOLOGIES.
>> MOTION PASS FOUR TO ONE SIDE.
>> WE GOT TWO MORE EMOTIONS FOR YOU.
NOW WE'VE GOT TO SEE IF YOU GET A SIGN.
CAN I HAVE A MOTION AND A SECOND FOR 9BTB064?
>> WE'RE GOING TO DO THIS IN REVERSE ORDER.
WE'VE GOT A MOTION BY COMMISSIONER VILLALOBOS, AND WE HAVE A SECOND BY COMMISSIONER WRIGHT.
I'VE ALREADY DONE PUBLIC COMMENTS FOR ALL OF IT, SO WE ARE NOW CLOSED AND WE WILL GO TO A VOTE, PLEASE.
>> THANK YOU, MADAM MAYOR GOMEZ.
>> MOTION PASSES FIVE TO ZERO. THANK YOU.
I NEED A MOTION AND A SECOND, PLEASE.
THIS IS WITH VARIANCES FOR THE LANDSCAPING.
>> I HAVE A MOTION BY COMMISSIONER VILLALOBOS AND A SECOND BY COMMISSIONER WRIGHT.
CITY CLERK, PLEASE CALL THE ROLL.
[02:45:03]
>> THANK YOU. MOTION PASSES FIVE TO ZERO.
>> THANK YOU. NOW YOU ARE MORE THAN WELCOME TO GET HOME SAFELY.
>> THANK YOU. MOVING ALONG TO OUR NEXT,
[Items 9D - 9F]
THAT'S 9D AND 9E AT THIS TIME AND LET ME SEE IF WE HAVE A 9F, 9D IS CULVER'S.>> YEAH. NO WORRIES, WE HAVE THREE ITEMS FOR CULVER'S.
WE HAVE 9D TB066 9E TBO67, AND 9F TR13879.
CITY ATTORNEY WILL NOW READ THE TITLES OF EACH FOR THE RECORD.
>> YES. 9D IS BOARD ON APPROVING SPECIAL EXCEPTION APPLICATION FOR COVERS RESTAURANT LOCATED AT 82 51 WEST COMMERCIAL BOULEVARD, TAMARAC, FLORIDA, TO ALLOW A FAST-CASUAL RESTAURANT OR DRIVE-THROUGH SERVICE IN THE MUG ZONING DISTRICT PURSUANT TO TAMARAC CODE OF ORDINANCE, 9E IS A BOARD AUTO-PROVEN ZONING VARIANCE APPLICATION FOR CULVER RESTAURANT LOCATED AT 82 51 IN THE WEST COMMERCIAL BOULEVARD, TO ALLOW FOR THE RELIEF FROM SECTION 10-4.4D3C, TO PERMIT THE INSTALLATION OF AN ENHANCED LANDSCAPE BUFFER NON-PERIMETER OF SUBJECT PROPERTY IN THE MEDIA OF NORTHWEST 47TH STREET AND LOU REQUIRES A SOLID SIX-FOOT RAISED WALL TO BUFFER THE CULVER RESTAURANT DEVELOPMENT FROM ADJACENT RESIDENTIAL COMMUNITY.
9F IS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC GRAND SITE PLAN APPROVAL, MAJOR WITH CONDITIONS TO ALLOW FOR THE DEVELOPMENT OF A 4,550 SQUARE FEET CULVER RESTAURANT, A FAST-CASUAL DINING FACILITY, OR DRIVE-THROUGH LANES AND RELATED INFRASTRUCTURE PROBABLY LOCATED AT 8250 ON THE WEST COMMERCIAL BOULEVARD.
PRIVATE CONFLICTS PROVIDED FOR CEREBELLI, PROVIDE FOR FACULTY. THANK YOU, MADAM MAYOR.
>> THANK YOU VERY MUCH. THE RULES OF THE ROAD FOR QUASI-JUDICIAL HEARINGS WERE ALREADY MENTIONED SO WE ARE DONE WITH THAT, BUT WE WILL NOW ASK FOR ANYBODY WHO WILL BE A WITNESS IN THIS MATTER, ANYBODY WHO WILL BE GETTING TESTIMONY OR SPEAKING DURING PUBLIC COMMENTS TO PLEASE STAND AND THE CITY CLERK WILL SWEAR YOU IN.
>> THANK YOU VERY MUCH. PLEASE RAISE YOUR RIGHT HAND TO BE SWORN IN.
DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH?
>> THANK YOU. MAYOR, WITNESSES HAVE BEEN SWORN IN.
>> THANK YOU. I WILL NOW ASK FOR ANY DISCLOSURES FROM THIS COMMISSION AND VICE MAYOR.
>> NO DISCLOSURES, MADAM MAYOR.
>> MYSELF, NONE. COMMISSIONER VILLALOBOS.
>> I JUST MET THE APPLICANTS TODAY FOR THIS PARTICULAR PROJECT.
>> THANK YOU, COMMISSIONER RAY.
>> ONE OF THE APPLICANTS INTRODUCED HIMSELF EARLIER.
>> ALL GOOD. THANK YOU VERY MUCH.
DISCLOSURES HAVE BEEN MADE AND WE WILL DO THE SAME THING AS WE DID WITH THE LAST ONE AND ASK THE APPLICANT TO DO THEIR PRESENTATION, PLEASE.
>> GREAT. THANK YOU, MAYOR, COMMISSIONERS, CITY ATTORNEY, CITY MANAGER, AND STAFF.
I'M HERE TONIGHT ON BEHALF OF THE APPLICANT, MEDALIST RESTAURANT GROUP 2.
MY ADDRESS IS 420 SOUTH WEST 19TH STREET, FORT LAUDERDALE, FLORIDA.
LET ME JUST CHECK SOMETHING HERE.
SORRY. CAN I DRIVE THE ARROW, THE CURSOR, OR NO? I KNOW I CAN DO THE LASER BEAM HERE, BUT THE COMMISSIONERS CANNOT SEE THAT. IS THAT ME? HEY, LOOK, THAT'S YOU? NO. I'M MOVING THE CURSOR.
YOU'RE NOT MOVING IT. GOOD. SORRY ABOUT THAT.
HOUSEKEEPING. WE'RE HERE TONIGHT TO DISCUSS A REQUEST FOR SPECIAL EXCEPTION APPROVAL, VARIANCE APPROVAL, AND A SITE PLAN MAJOR APPROVAL.
BY THE WAY, JUST FOR THE RECORD, WE WAVE QUASI-JUDICIAL PROCEDURES ON THIS APPLICATION.
WE HAVE PREVIOUSLY BEEN BEFORE THE CITY'S PLANNING BOARD, AND WE WERE ABLE TO WIN AN APPROVAL RECOMMENDATION OF APPROVAL FROM THE PLANNING BOARD AND THAT'S ITS POSTURE BEFORE YOU TONIGHT.
THE LOCATION BUT ACTUALLY, BEFORE I GET TO THAT,
[02:50:01]
LET ME GET INTO A LITTLE BIT ABOUT WHAT CULVER'S IS.CULVER'S IS A FAST-CASUAL RESTAURANT AND FAST CASUAL IS SOMETHING THAT'S DISTINCT IN THE CODE AND IT'S DIFFERENTIATED FROM FAST FOOD RESTAURANT IN A COUPLE OF RESPECTS.
IT'S GOT A LITTLE BIT OF A SLOWER PACE OF SERVICE, TYPICALLY A WIDER VARIETY OF FOOD OFFERINGS.
IN OUR CASE, I'VE HIGHLIGHTED A FEW OF THEM UP THERE, INCLUDING SOME MENU OPTIONS THAT ARE MORE INCLUSIVE OF HEALTHY CHOICES THAT MIGHT NOT BE AVAILABLE AT A LOT OF STRICTLY SPEAKING, FAST FOOD RESTAURANTS.
WE'VE ALSO GOT LIMITED TABLE SERVICE IN THAT THE CUSTOMERS WHO COME TO CULVER'S CAN SIT DOWN AND HAVE THEIR FOOD DELIVERED TO THEM AT THE TABLE AND MOST OF OUR CUSTOMERS DO THAT.
ESSENTIALLY THAT SAID, IN OTHER WAYS, IT'S VERY SIMILAR TO WHAT YOU THINK OF AS A FAST FOOD RESTAURANT WITH DISPOSABLE PLATES, SILVERWARE, THAT TYPE OF THING, FLAT WEAR AND THAT'S ESSENTIALLY IT.
WITH FAST FOOD RESTAURANTS, AND WE'LL GET INTO THIS A LITTLE BIT MORE LATER, MUCH OF THEIR BUSINESS TENDS TO COME FROM THE DRIVE-THROUGH.
WITH OUR RESTAURANT, ADMITTEDLY, A SUBSTANTIAL PORTION DOES, BUT IT'S A MUCH SMALLER PORTION THAN WHAT WE SEE WITH FAST FOOD RESTAURANTS, WHERE THAT MIX OF DRIVE-THROUGH VERSUS DINING-IN COMPONENT CAN BE AS MUCH AS 85 PERCENT OR HIGHER DRIVE-THROUGH WITH 15 PERCENT DINE-IN.
WHEREAS IN OUR CASE, IT'S ABOUT 50/50 BETWEEN DRIVE-THROUGH AND DINE-IN WITH RESPECT TO ACTUAL EXPERIENCE THAT WE'RE SEEING AT THE PROPRIETORS' OTHER NEARBY LOCATION IN MARGE.
TONIGHT I'VE ALSO GOT OBVIOUSLY ERIC PEERS HERE.
YOU CAN SEE HIM IN THE STRIPED SHIRT.
ALL THE CULVER'S LOCATIONS ARE OWNER OPERATED.
I GUESS IF IT'S A FRANCHISE, IT IS AN OWNER-OPERATED ESTABLISHMENT, BUT WITH A LOT OF FAST FOOD RESTAURANTS OR FAST-CASUAL RESTAURANTS, YOU HAVE MANY LOCATIONS THAT ARE CORPORATELY OWNED OR A HYBRID SITUATION WHERE MAYBE THE LAND IS OWNED BY A CORPORATION AND THEY'LL HAVE AN OPERATING AGREEMENT WITH A LOCAL MANAGER, THAT TYPE OF THING.
WITH CULVER'S THEY REALLY EMBRACED THE LOCAL COMPONENT, THEY LIMIT HOW MANY RESTAURANTS A FRANCHISEE CAN ACTUALLY OPERATE AND SO WITH THAT, IT KEEPS A GOOD, STRONG LOCAL CONNECTION.
TONIGHT WE'RE ALSO JOINED BY ZACH TODD.
ZACH IS WITH OUR CIVIL ENGINEERING FIRM, HSQ GROUP AND OF COURSE, WE'VE ALSO GOT BRIAN KELLY.
BRIAN IS WITH SIMMONS AND WHITE, AND BRIAN IS OUR TRAFFIC ENGINEER AND HE'S WORKED CLOSELY WITH THE CITY'S TRAFFIC ENGINEER IN TAKING A CLOSE LOOK AT OUR OPERATIONS AND THE IMPACTS OF THE OPERATIONS.
CULVER'S COMES FROM WISCONSIN.
YOU CAN SEE UP THERE IT BRINGS A LOT OF THAT MIDWESTERN CULINARY MENU OFFERING ALONG WITH IT AND MAKES A POINT OF EMPHASIZING ITS HOSPITALITY AND FRIENDLY SERVICE.
IT'S DEFINITELY A FAMILY-FRIENDLY ENVIRONMENT.
IT'S GOT A PRETTY GOOD TRACK RECORD OF ESTABLISHING OVER 800 RESTAURANTS THROUGHOUT THE UNITED STATES AND HAS BEEN IN EXISTENCE FOR JUST OVER 40 YEARS.
IT'S WELL-ESTABLISHED ELSEWHERE AND NEW TO BROWARD COUNTY.
THIS WOULD BE THE SECOND LOCATION IN BROWARD COUNTY ALTHOUGH THE STATE OF FLORIDA IS A MAJOR GROWTH AREA FOR CULVER'S.
WITH THAT, LET'S GET INTO THE LOCATION.
YOU CAN SEE THE YELLOW SHADED PARCEL IN THE MIDDLE AND BY THE WAY, ALL MY SLIDES, NORTH IS UP.
SO JUST YOU HAVE THAT STRAIGHT, SOMETIMES THAT'S NOT THE CASE AND IT CAN BE DISCOMBOBULATING.
IT'S ON THE NORTH SIDE OF WEST COMMERCIAL BOULEVARD BETWEEN A UNIVERSITY AND PINE ISLAND.
[02:55:03]
IT'S LAND USE, IT'S LOCAL ACTIVITY CENTER.THE ZONING IS MIXED-USE GENERAL.
ZOOMING IN A LITTLE BIT CLOSER.
WE'LL TAKE A LOOK AT WHAT'S SURROUNDING THE PROPERTY.
TO THE SOUTH IS THE CITY OF LAUDERHILL AND AS FAR AS USES GO WHERE IT'S DIRECTLY ACROSS FROM AN EXON GAS STATION.
MAYBE I'LL USE MY CURSOR. LOOK AT THAT.
THERE WE GO, SO THAT'S THE EXXON GAS STATION.
THIS IS THE CULVERTS LOCATION.
TO THE EAST OF US, IS A LONG ESTABLISHED BEDDING BARN.
TO THE WEST IS COMFORT SUITES ALSO KNOWN AS MAINSTAY SUITES.
BUT THE SIGNAGE IS COMFORT SUITES, SO THAT'S HOW I'VE REFERRED TO IT IN THE APPLICATION MATERIALS.
TO OUR NORTH IS AN ESTABLISHED RESIDENTIAL COMMUNITY, FAIR HAVEN, GREEN HAVEN.
AND THAT'S IT'S LOCATION CONTEXT.
HERE IS NOT A VERY EXCITING SLIDE, BUT IT GIVES YOU A SENSE OF THE LOTS THAT COMPRISE THE SITE.
AND READING FROM LEFT TO RIGHT, LIKE WE WOULD NORMALLY DO.
THE FIRST PROPERTY IS LOT 3, ACTUALLY NOT LOT 2, LOT 3 IS A PROPERTY THAT'S OWNED BY THE APPLICANT THAT WAS PURCHASED JUST LAST YEAR FROM A PRIVATE INDIVIDUAL.
THE EASTERN LOT IS LOT 2 THAT PROPERTY PRESENTLY IS OWNED BY THE CITY OF TAMARAC AND IS UNDER CONTRACT TO THE APPLICANT, AND THE INTENTION IS THAT SUBJECT TO ALL THE APPROVALS BEING OBTAINED, THEN WE WOULD CLOSE ON THAT PURCHASE.
TOTAL SITE AREA OF THE TWO LOTS COMBINED IS 1.34 ACRES.
HERE'S WHAT THE SITE LOOKS LIKE CURRENTLY, JUST AN UNBUILT VACANT SITE, AND IT LOOKS LIKE IT'S HAD A LITTLE BIT OF CUT THROUGH ACTIVITY GOING ALONG THAT WESTERN SIDE.
BUT YOU CAN SEE THAT I KNOW THERE HAVE BEEN DEVELOPMENT PROPOSALS IN YEARS PAST AND OUR NEIGHBORS TO THE EAST AND THE WEST, IT LOOKS LIKE THEY HAD PLANNED FOR SOME OF THAT IN STUBBING OUT THEIR PAVEMENT AND DRIVE ACCESSES ACCORDINGLY, AND SPECIFICALLY, IF YOU LOOK AT THE CURSOR HERE, WE'VE GOT A SHARED INGRESS AND EGRESS THAT WE SHARE WITH COMFORT SUITES TO OUR WEST, AND THERE IS AN ACCESS EASEMENT IN PLACE BETWEEN OUR PROPERTIES TO SUPPORT THAT USE.
HERE'S OUR SITE PLAN OVERLAID, AND WE'D LIKE TO DO THAT JUST TO GIVE A SENSE OF WHAT THE SCALE OF THE BUILDING IS IN COMPARISON WITH OUR NEIGHBORS, AND SO YOU CAN SEE, WE'VE COLORED IT IN A LITTLE BIT TO SHOW THE AREAS THAT WOULD BE LANDSCAPED IN GREEN, AND YOU CAN SEE THIS IN THE CENTER AREA.
THAT'S THE MAIN FOOTPRINT OF THE BUILDING, AND IN TERMS OF SCALE, IT'S SMALLER OBVIOUSLY THAN WHAT OUR NEIGHBORS ARE, AND WE HOPE YOU AGREE THAT IT'S GOT QUITE A BIT OF LANDSCAPING.
IN THE NEXT SLIDE, WE'LL TAKE A CLOSER LOOK AT THAT AND CONSIDER THE TRAYS.
BUT ONE OF THE THINGS I WANT TO POINT OUT BEFORE WE GET THERE IS SOME OF THE AREAS THAT WE'VE DESIGNATED FOR LIMITED PARKING USE AND IN YELLOW SHADING HERE YOU CAN SEE WE'VE GOT THESE FOUR PARKING SPACES ON THE SOUTH SIDE AND THEN WE'VE GOT THESE SIX PARKING SPACES ON THE WEST SIDE, AND WHAT WE'VE DONE IS WE'VE DESIGNATED THOSE PARKING SPACES AS EMPLOYEE ONLY PARKING, SO WHAT THAT MEANS IS THAT THROUGHOUT THE DAY, WE SHOULD SEE VERY LITTLE ACTIVITY IN TERMS OF VEHICLES ENTERING AND EXITING THOSE PARKING SPACES, AND TYPICALLY, OUR EMPLOYEES OBVIOUSLY ARRIVE IN THE MORNING HOURS BEFORE OUR CUSTOMERS GET THERE TO CONDUCT THE OPENING ACTIVITIES, SO THERE SHOULD BE VERY LITTLE CONFLICT BETWEEN WHAT WE SEE WITH THE USAGE OF THESE PARKING SPACES SHADED IN YELLOW AND THE NORMAL TRAFFIC CIRCULATION THAT GOES ON DURING THE DAY.
IN THE MIDDLE SECTION, WE'VE GOT SOME OTHER SPECIALTY PARKING AREAS SHADED.
THE BLUE SHADED PARKING SPACES ARE HANDICAPPED SPACES, AND THEN THE ORANGEY YELLOW SHADE, THOSE ARE EV SPACES,
[03:00:02]
SO WE'VE TAKEN STEPS TO TRY TO EMBRACE THE INCREASING USE OF ELECTRIC VEHICLES AND ALLOW FOR CHARGING ONSITE, AND IN BLUE, IT'S LITTLE HARD TO SEE WHAT WILL LOOK AT THAT CLOSER, WE'VE ESTABLISHED PEDESTRIAN CONNECTIONS BETWEEN THE RESTAURANT AND THE SIDEWALK OUT ON COMMERCIAL BOULEVARD, WEST COMMERCIAL BOULEVARD, AND THERE'S A TRANSIT STOP THERE AS WELL, AND SO THAT HELPS FACILITATE THE USE OF THAT ON THE NORTH.IF YOU'RE EXITING AND WALKING NORTH, THERE'S A PEDESTRIAN CONNECTION THAT GOES ACROSS THE CENTER OF THE SITE AND THEN CONTINUES ALONG THE EASTERN BOUNDARY UP TO THE SIDEWALK ON NORTHWEST 57TH STREET, SO IN THAT WAY, WE'VE FULLY MADE ACCESSIBLE OUR SITE AND OUR BUILDINGS TO PEDESTRIANS WHO MAY BE COMING VIA THAT MEAN TO THE SITE.
NOW, WITH THE LANDSCAPE PLAN, WHAT WE'VE DONE IS WE'VE COLORED IN ALL OF THE TREES, AND IF YOU REMEMBER JUST FLIPPING BACK A COUPLE, HERE'S WHAT THE SITE LOOKS LIKE RIGHT NOW, AND THERE'S REALLY ONE TREE ON THE SITE AND THAT'S THIS TREE RIGHT HERE IT'S A LIVE OAK, AND EVERYTHING ELSE IS EITHER NORTH ON OUR PROPERTY OR IS NOT A TREE, SO GETTING BACK OVER HERE, HERE'S THE EXISTING TREE, THIS IS THE LIVE OAK, AND WHAT WE'RE PROPOSING TO DO IS BASICALLY HAVE A SITE THAT'S DEVELOPED WITH 104 TREES, AND ONE OF THE THINGS THAT WE'VE POINTED OUT ELSEWHERE IN THE APPLICATION WHICH I'M SURE YOU'VE YOU'VE TAKEN A LOOK AT, IS THAT THE INTERIOR SEATING FOR THE RESTAURANT IS 104 PEOPLE, AND SO IN THAT WAY, THERE'S ACTUALLY ONE TREE FOR EVERY INSIDE SEATING, AND I'M REALLY HAPPY TO SAY THAT AS A DEVELOPMENT LAWYER, IT'S NOT OFTEN THAT YOU SEE THAT RATIO GO IN THAT DIRECTION.
I MENTIONED THIS AT THE PLANNING BOARD AND ITS APPOINTED DISTINCTION FOR THIS PROJECT, SO I KNOW IN THE BEGINNING OF THE MEETING, THERE WAS A PROCLAMATION IN CONNECTION WITH THE ACHIEVEMENTS OF THE CITY IN TERMS OF ITS INVESTMENT IN ITS TREES, AND WE'RE VERY HAPPY TO BE CONTINUING THAT SAME EFFORT AND INCORPORATING TREES AS A VERY MAJOR PART OF THE DEVELOPMENT.
YOU CAN SEE ALSO, NOT ONLY DID THE TREES EXISTS, WHICH BY THEIR OWN NATURE IS A MARVELOUS THING, BUT THEY ALSO PROVIDE A LOT OF BUFFERING INHERENTLY, SO IT SHIELDS THE ACTIVITY THAT'S GOING ON WITHIN THE SITE FROM OUTSIDE THE SITE, AND VICE VERSA.
FOR OUR GUESTS WHO ARE EATING OUTSIDE IN THE PATIO AREA, AND WE'LL TAKE A LOOK AT WHAT SOME OF THOSE AREAS LOOK LIKE.
IT ALLOWS THEM A LITTLE BIT MORE OF A PLACID ENVIRONMENT BECAUSE OTHERWISE, EATING OUTSIDE WITHOUT SHADE IN FRONT OF WEST COMMERCIAL BOULEVARD MIGHT NOT BE THE MOST PEACEFUL EXPERIENCE, SO THIS HELPS MAKE THAT MUCH NICER.
WE THINK. THAT'S THE LANDSCAPE PLAN.
HERE'S THE SITE PLAN BLOWN UP.
WE'VE HIT THE HIGHLIGHTS, I THINK WHEN WE LOOKED AT THE AERIAL, SO WE CAN FLIP BACK TO THIS IF THERE'S A DESIRE TO DO SO.
HERE'S THE SIGNING AND PAVEMENT MARKING PLAN, WHICH IN THE NEXT SLIDE YOU CAN SEE I'VE ZOOMED IN A LITTLE BIT AND COLORIZED, AND ONE OF THE THINGS THAT I'D LIKE TO FOCUS ON WITH THIS SLIDE IS THE ELEMENTS AND FACTORS THAT WE'VE GIVEN A LOT OF THOUGHT TO IN DESIGNING THE SITE IN A WAY THAT THE INTERNAL SITE CIRCULATION, ESPECIALLY WITH THE DRIVE-THRU OPERATION, HAS BEEN ADEQUATELY ADDRESSED AND MAYBE ACTUALLY I'LL ZIP AHEAD TO THE NEXT SLIDE, WHICH IS BASICALLY THE SAME SLIDE GRAPHIC THAT WE HAVE IN THIS PRIOR SLIDE, BUT A LITTLE ADDITIONAL INFORMATION IN TERMS OF WHAT THE DRIVE-THRU OPERATION ACTUALLY IS.
ONE OF THE CONCERNS THAT WE HAD INITIALLY WAS WHAT HAPPENS WITH OUR VEHICLES THAT ARE ENTERING THE SITE FROM WEST COMMERCIAL BOULEVARD AND COMING INTO THE DRIVE-THRU, AND OBVIOUSLY YOU CAN SEE THE DRIVE-THRU CIRCULATION IS GENERALLY COUNTERCLOCKWISE, SO OUR MENU. [OVERLAPPING]
[03:05:01]
>> OKAY EXCUSE US JUST FOR ONE SECOND. OKAY, THANK YOU.
WE HAD A TECHNICAL DIFFICULTY ITEM IN THE BATHROOM.
CARS WILL ENTER THE ORDER LANE FROM THE NORTHEAST CORNER AND YOU CAN SEE WHERE MY CURSOR IS RIGHT HERE, CARS WILL ENTER IN A DUAL DRIVE-THROUGH CONFIGURATION.
THERE'S TWO MENU BOARDS, TWO PLACES WHERE VEHICLES CAN PLACE THEIR ORDERS.
THEN THOSE TWO LANES WILL ZIPPER INTO A SINGLE LANE AS THEY APPROACH THE ORDER WINDOW.
THE WINDOW IS LOCATED HERE WHERE MY CURSOR IS.
THAT'S WHERE THE CUSTOMERS WILL PAY, AND IF IT'S A SIMPLE ORDER, THEY'LL PICK UP THEIR FOOD.
FOR A LOT OF OUR CUSTOMERS, IT'S NOT GOING TO BE A SIMPLE ORDER.
FOR A LOT OF OUR DRIVE-THROUGH CUSTOMERS ACTUALLY, AS I SAID, MOST OF OUR CUSTOMERS ARE GOING TO BE EATING INSIDE.
BUT FOR THOSE THAT ARE USING THE DRIVE-THROUGH TO TAKE THEIR FOOD HOME TO THEIR FAMILIES, THE FOOD TAKES A LITTLE LONGER TO PREPARE AT CULVER'S.
WHAT THEY'LL DO IS THEY'LL PULL FORWARD INTO WHAT WE CALL THE STAGING AREA.
WE'VE GOT BASICALLY THREE LANES CONFIGURED HERE, TWO OF WHICH ARE USED FOR VEHICLE STAGING ORDER WAITING BASICALLY.
WHERE THESE CARS WILL PULL UP AND AWAIT FOR THEIR ORDERS TO BE READY.
ONCE THEY'RE COMPLETED ARE RUN OUT TO THE CARS BY EMPLOYEES OF CULVER'S WHO MAKE SURE THAT THE DRIVERS HAVE THEIR MEALS, OR THEIR CONDIMENTS AND EVERYTHING LIKE THAT, AND THEN THEY CAN MOVE OUT ALONG THEIR WAY.
LET'S SEE HERE, THE WESTERN LANE, YOU CAN SEE IT DOESN'T HAVE ANY CARS THERE.
THAT'S CONSIDERED A BYPASS LANE SO THAT CARS COMING IN FROM UP HERE CAN CYCLE AROUND IN PARK, OR GO WHEREVER ELSE THEY MIGHT WANT TO.
ALSO, CARS THAT HAVE RECEIVED THEIR ORDERS CAN EXIT MORE EASILY. WE'VE GOT THAT.
NOW, WHEN I FIRST STARTED TALKING ABOUT THIS SLIDE, I MENTIONED THE VEHICLES THAT ARE COMING INTO THE SITE FROM WEST COMMERCIAL.
YOU CAN SEE THAT WITH THIS BYPASS LANE AND CARS THAT WOULD BE EXITING.
THERE'S A CONCERN THAT WHEN YOU'VE GOT CARS THAT ARE GOING NORTHBOUND VERSUS CARS GOING SOUTHBOUND, THAT SEEMS LIKE AN INHERENT CONFLICT.
WHAT WE'VE DONE TO MITIGATE THAT CONFLICT IS TO OFFSET THE WESTERNMOST BYPASS LANE FROM THE INGRESS LANE.
IT'S A LITTLE BIT OF AN OPTICAL ILLUSION BECAUSE EVERY TIME I LOOK AT IT, I THINK, WELL, IT SEEMS LIKE THERE'S NOT REALLY AN OFFSET.
IT SEEMS ALMOST LIKE THEY'RE REALLY HEAD-TO-HEAD.
WHAT WE DID WAS WE ADDED IN THIS VISUAL AID HERE, YOU CAN SEE THE VERY LIGHT GREEN DASHED LINE WITH GREEN ROUND DOTS ON THE END.
THAT'S A STRAIGHT PERPENDICULAR LINE.
YOU CAN SEE FROM THE PLACEMENT OF THAT LINE THAT INDEED IT'S COMPLETELY OFFSET.
THERE'S NO HEAD-TO-HEAD CONFLICT THERE, EVEN THOUGH IT MIGHT LOOK LIKE IT THERE'S NOT.
NOT ONLY THAT, BUT WE TRY TO VERY CAREFULLY CONTROL THE ACTIVITY THAT'S GOING ON IN THIS AREA.
WE THINK THAT ONCE OUR CUSTOMERS BECOME ACCUSTOMED TO THE OPERATION OF THE DRIVE-THROUGH, THIS IS GOING TO BE SECOND NATURE FOR EVERYONE.
BUT THERE'S ALWAYS GOING TO BE A FIRST TIME FOR SOMEBODY.
FOR THOSE PEOPLE, WE WANT TO MAKE SURE THAT IT AS SAFE AS CAN BE.
WHAT WE'VE DONE IS WE'VE PUT STOP BARS AS SHOWN ON THE SOUTHBOUND EXITING LANES FROM THE DRIVE-THROUGH.
WE'VE ALSO GOT A STOP BAR LOCATED ON THE PAVEMENT FOR THE WESTBOUND CIRCULATING LANE AND SIGNAGE AS WELL.
EVERYWHERE YOU SEE ONE OF THESE RED DOTS, THAT'S NOT SURPRISINGLY A STOP SIGN.
THEN ON THE OPPOSITE SIDES OF THE STOP SIGNS, WE'VE ALSO GOT DO NOT ENTER SIGNS.
THESE ARE STANDARD FULL-SIZE REGULATORY SIGNS.
THEY'RE NOT LIKE LITTLE KNEE-HIGH SIGNS THAT ARE EASILY MISSED.
WE THINK THAT'S GOING TO GIVE EVERYBODY A VERY ADEQUATE NOTICE THAT THERE'S ACTIVITY GOING ON HERE THAT SHOULD WARRANT CAUTION IN DRIVING AND LOOKING BOTH WAYS, THAT SORT OF THING.
WE'VE GOT OTHER SIGNAGE ELSEWHERE.
[03:10:03]
WE'VE GOT PEDESTRIAN CROSSING SIGNAGE.WHERE THE PEDESTRIAN CROSSINGS ARE.
YOU CAN SEE THAT IN YELLOW UP HERE AS WELL.
THEN UP ON THE EGRESS OF THE SITE WHICH IS RIGHT TURN OUT ANOTHER STOP SIGN AND A REGULATORY RIGHT TURN ONLY SIGN.
THESE FACTORS REALLY CONTROL AND CONTAIN THE SITE CIRCULATION FOR THE DRIVE-THROUGH OPERATION.
NOW, I'M JUST HITTING ON SOME CONCERNS THAT WE HAD TOGETHER WITH STAFF IN TERMS OF HOW THE QUEUING WORKS FOR THE DRIVE-THROUGH.
IN OUR TRAFFIC STUDY, WE NOTICED THAT AT ITS MAXIMUM, THERE WAS A HEIGHT OF 12 VEHICLES THAT WOULD STACK DURING THE OBSERVED PERIOD.
WE WANTED TO MAKE SURE THAT WAS ADEQUATELY ADDRESSED IN OUR SITE PLAN. IT'S HARD TO READ.
EACH CAR ON THE PLAN IS A 22-FOOT SECTION, AND THAT'S WHAT THE CODE REQUIRES AS FAR AS PLANNING FOR CARS, EVEN THOUGH MOST CARS AREN'T 22 FT LONG.
BUT WHAT WE'VE DONE IS WE'VE COUNTED THEM AND THERE'S 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.
HERE'S CAR NUMBER 12, WHERE THE CURSOR IS AND YOU CAN SEE RIGHT ABOVE THAT IS RED-ORANGE ZIGZAG LINE.
WHAT THAT LINE INDICATES IS WHAT WE ANTICIPATE TO BE THE MAXIMUM EXPECTED QUEUING DURING REGULAR DRIVE-THROUGH OPERATIONS.
WE'VE GOT THREE ADDITIONAL BEYOND THAT IN TERMS OF WHAT THE OVERALL MAXIMUM IS.
THE TRAFFIC STUDY TOOK A FURTHER DETAILED LOOK AT THE QUEUING MECHANISM THAT WE EXPERIENCED IN MARGATE.
APPLY THAT TO THIS LOCATION AS WELL.
IT LOOKED AT WHAT'S THE QUEUING LOOK LIKE AFTER THE ORDER WINDOW AT ITS MAXIMUM AND WHAT IS THE QUEUING LOOK LIKE BEFORE THE ORDER WINDOW AT ITS MAXIMUM.
WHAT WE'VE FOUND IS THAT AFTER THE ORDER WINDOW, THE HIGHEST OBSERVED STAGING OR THE HIGHEST OBSERVED QUEUING WAS SEVEN VEHICLES.
IN THAT SENSE, IF WE'RE WE'VE GOT CARS THAT ARE WAITING TO RECEIVE ORDERS, WE SAW A BACKUP THAT WOULD GO TO THIS LOCATION WHICH DOES NOT IMPACT THE OVERALL OPERATION OF THE SITE CIRCULATION.
IT'S STILL CONTAINED WITHIN THE DRIVE-THROUGH LANES.
NOW, A LITTLE MORE CONCERNING IS WHAT THE QUEUING WAS WITNESSED AS BEING BEFORE THE ORDER WINDOW AND THE MAXIMUM THERE WAS 10 VEHICLES.
COUNTING BACK TEN VEHICLES, THAT ACTUALLY GETS YOU 10 VEHICLES ALL THE WAY TO THE BEGINNING OF THE ENTRANCE TO THE DRIVE-THROUGH.
EVEN SO, WHAT THAT DOES IS IT SHOWS THAT IN THE WORST-CASE OUR QUEUING IS CONTAINED WITHIN THE DRIVE-THROUGH ITSELF AND TO THE EXTENT THAT THERE'S ANY SPILLAGE, IT'S IN NO WAY THREATENING OUR MAJOR RIGHT-OF-WAY DOWN HERE IN WEST COMMERCIAL.
THAT'S PART OF WHAT WE LOOKED AT IN TERMS OF ORIENTING THE SITE AND PLACING THE ENTRANCE FOR THE DRIVE-THROUGH, THE LOCATION OF THE ORDER WINDOW AND EVERYTHING.
WE WANTED TO KEEP THIS DRIVE-THROUGH ACTIVITY AS ISOLATED AS POSSIBLE FROM THE MAIN THOROUGHFARES. [OVERLAPPING].
THEY MAY HAVE QUESTIONS FOR YOU.
I KNOW WE SPENT IN THE STREET DIFFERENT APPLICATIONS.
SO IF YOU WOULD ALLOW THE MAYOR AND THE COMMISSIONERS TO ASK QUESTION, BECAUSE I THINK THEY HAVE THE GIST OF IT AND THE OVERALL APPLICATION.
AS I'VE SAID, IT'S PRETTY WELL CONTAINED IN THAT WAY.
AGAIN, JUST A ZOOMED IN VERSION OF THE LANDSCAPE PLAN.
ELEVATION PLAN. INITIALLY, WE WENT TO THE PLANNING BOARD.
>> THIS IS THE 3RD ITEM, HE'S GOT TO DO THIS.
>> DID YOU WANT TO ASK QUESTIONS RIGHT NOW? I'M SORRY.
>> WELL, HOW ABOUT THIS, IF YOU DON'T MIND.
>> I WAS JUST GOING TO FLIP THROUGH THE REST OF THE SLIDES AND THEN GET TO QUESTIONS.
[03:15:01]
>> ALL RIGHT. WE'VE GOT ORIGINALLY A PROPOSED EARTH TONE COLOR PALETTE FOR THE CULVERTS, WHICH IS SIMILAR TO WHAT WE HAVE IN MARGATE.
YOUR STAFF HAS SUGGESTED THAT THE [INAUDIBLE] MODERN COLOR PALETTE AND SO ASKED US TO WORK UP SOMETHING THAT WOULD BE CONSISTENT WITH THAT.
THIS IS WHAT WE DEVELOPED AN ANSWER TO THAT AND SO WE'RE HAPPY TO MOVE FORWARD WITH THIS COLOR PALETTE IF THAT'S THE PREFERENCE OF THE COMMISSION.
HERE'S JUST A QUICK VIEW OF WHAT THE OUTDOOR SEATING AREA LOOKS LIKE WITH THE TRELLIS.
THIS IS WHAT THE OUTDOOR SEATING FURNITURE LOOKS LIKE.
THIS IS WHAT NOT SO MUCH THE COLORS, BUT THE BUILDING FORM LOOKS LIKE.
SECURITY IS ALWAYS AN ISSUE, BUT WE'VE ADDRESSED IT, WE THINK PRETTY ROBUSTLY.
WE'RE PROPOSING A PARTNERSHIP WITH BSO AND ENROLLMENT IN THEIR FORMAL TRESPASS PROGRAM AND ADOPTING OTHER SEPTET TYPICAL FEATURES WITHIN THE SITE. THAT'S IT.
>> EXCELLENT. WELL, THANK YOU VERY MUCH.
[LAUGHTER] NOW, BEFORE I TAKE THIS TO POLAR PARTICIPATION, I'M NOT GOING TO GET THIS WRONG THIS TIME.
I'M GOING TO OPEN THIS NOW UP FOR PUBLIC COMMENT.
IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO MAKE ANY COMMENTS ON ANY OF THE THREE ITEMS? SEEING NONE, PUBLIC COMMENTS ARE NOW CLOSED.
NOW I WILL GO TO OUR COMMISSION, COMMISSIONER VILLALOBOS.
>> THANK YOU, STEVE, FOR THAT.
THANK YOU, MAYOR. I DID TWO POLLINGS.
WELL, ONE WAS DONE FROM TAMARAC TALK ARTICLE WHICH GAVE A LOT OF GREAT FEEDBACK.
I DID ONE ON MY OWN AND IT GAVE TREMENDOUS AMOUNT OF GOOD FEEDBACK.
DO WE WANT AN NYP IN TAMARAC? ABSOLUTELY. DO WE WANT TO ADD EVS? FOR SURE.
BUT THIS DEFINITELY WILL COMPETE WITH CHICK-FIL-A STATUS FOOD AND AFTER SEEING THE CONCEPTUAL DRAWINGS, IT'S JUST BEAUTIFUL, I THINK IT'S GOING TO ENHANCE COMMISSIONER WRIGHT'S DISTRICT AREA, AND IT'S JUST GOING TO BE A REALLY GOOD PLACE AND IT LOOKS VERY DELICIOUS.
>> THANK YOU. COMMISSIONER WRIGHT.
>> AFTER I SAW THIS ON MY AGENDA, I ACTUALLY WENT TO YOUR RESTAURANT IN MARGATE AND I SPENT AN HOUR JUST SITTING AND LOOKING, AND I DO THINK IT'S GOING TO ENHANCE THE DISTRICT.
BUT MY QUESTION IS, IT'S FAST, CASUAL, AND THE MENU SEEM TO BE SIMILAR TO CHICK-FIL-A AND THOSE RESTAURANTS THAT ARE RIGHT ACROSS THE STREET, DO YOU HAVE PLANS TO EVENTUALLY EXPAND THE MENU AND OFFER BISTRO TYPE STUFF.
BECAUSE ONE THING RESIDENTS HAVE COMPLAINED ABOUT IN DISTRICT 2 IS HAVING A NICE RESTAURANT WHERE THEY CAN SIT DOWN AND GET A STEAK, A SALMON, THAT TYPE OF STUFF.
NOT SAYING THAT YOUR PRODUCTS ARE NOT GOOD BECAUSE I TASTED YOUR BURGER AND A FRIEND OF MINE TASTED IT AND SHE GAVE YOU GREAT REVIEWS, SO I KNOW THE PRODUCT IS GOOD.
>> I KNOW IT'S GOING TO BE BUSY BECAUSE I SAW WHAT HAPPENED IN MARGATE.
PEOPLE WERE CONSTANTLY COMING.
BASED ON YOUR DESIGN, I KNOW IT'S NOT GOING TO AFFECT TRAFFIC BECAUSE HOW IT'S DESIGNED IN MARGATE, THE TRAFFIC FLOWS INTO YOUR LOCATIONS, BUT MY ONLY QUESTION WAS IF YOU HAVE TO EXPAND YOUR MENU IN THE FUTURE TO MAKE IT A LITTLE MORE BISTRO TYPE AND MAKE IT UP.
BECAUSE INSIDE IS WONDERFUL, THE SERVICE IS GREAT, BUT I THINK THAT'S WHAT RESIDENTS ARE LACKING BECAUSE THERE'S CHICK-FIL-A, THERE'S CHARLEY'S, THEY'RE RIGHT ACROSS THE STREET, AND THEY'RE LOOKING FOR SOMETHING A LITTLE DIFFERENT, THAT'S A NOTCH ABOVE THOSE TYPE OF FAST CASUAL RESTAURANTS.
>> SURE. WELL, FIRST THE HOURS OF OPERATION OF THE BUSINESS ARE 10:00 AM TO 10:00 PM, SO IT'S REALLY A LUNCH AND DINNER RESTAURANT.
IT'S NEVER REALLY GOING TO SERVE BREAKFAST TYPE MENU ITEMS AND SO THAT'S A LITTLE BIT OF A LIMITATION.
BUT IN CONTRAST TO, YOU MENTIONED CHICK-FIL-A, CHICK-FIL-A IS RIGHT ACROSS THE STREET.
CHICK-FIL-A HAS ACTUALLY, IF YOU STUDY IT, A VERY LIMITED MENU, AND THEIR FOOD ITEMS ARE TYPICALLY MADE IN ADVANCE AND THEY CAN DO THAT BECAUSE IT'S A VERY LIMITED MENU AND THEY KNOW PEOPLE ARE GOING TO ORDER X OR Y, MAYBE Z, BUT PRETTY MUCH X, Y, OR Z.
IN OUR CASE, WE HAVE A MUCH MORE VARIED MENU EVERY YEAR.
ACTUALLY, I WAS INVITED LAST YEAR BY ERIC TO GO TO THE ANNUAL CULVER'S TRADE SHOW WHICH THEY CALL, THE REUNION.
[03:20:02]
ONE OF THE THINGS THEY DO AT CULVER'S REUNION IS THEY HAVE A PARTICIPATIVE SESSION WITH ALL THEIR FRANCHISEES.THEY BRING A LOT OF THEIR EMPLOYEES, THEIR MANAGEMENT, AND THEY TASTE AND TRY ALL DIFFERENT THINGS IN AN EFFORT TO TRY TO SEE A CONTINUING EVOLUTION OF THEIR MENU.
TO ANSWER YOUR QUESTION, ABSOLUTELY.
THERE'S ALWAYS CHANGE THAT'S GOING ON WITH THE MENU.
IN TERMS OF A SPECIFIC DIRECTION TO BISTRO STYLE, I CAN'T SAY THAT THAT'S GOING TO HAPPEN, ALTHOUGH I WOULDN'T RULE IT OUT EITHER, BUT IT'S JUST A FUNCTION OF WHAT THE OVERALL CULTURE OF THE COMPANY FEELS FITS BEST AS THE NEXT LOGICAL STEP FOR THE MENU.
TYPICALLY WHEN THAT HAPPENS, SOMETHING ELSE MIGHT DROP OFF THE MENU TOO.
WE'LL HAVE SOME UNHAPPY PEOPLE WHEN THAT HAPPENS, I THINK.
HOPEFULLY IT WON'T HAPPEN WITH THE BURGERS THOUGH. I'M SURE IT WON'T.
I'M POSITIVE IT WILL NOT HAPPEN WITH THE BURGERS.
>> THE BURGERS ARE PRETTY GOOD.
>> ALSO, I'M GOING TO ASK THIS QUESTION.
I SEE THAT NO OTHER COLLEAGUE WISH TO SPEAK.
I DON'T KNOW WHY WE DIDN'T REQUIRE IT ON THE FIRST APPLICANT, BUT I'M GOING TO SAY WE SHOULD HAVE REQUIRED IT ON THE SECOND APPLICANT.
WHY ARE WE NOT HAVING A TASTE TEST? [LAUGHTER] LOOK AT THE HOUR.
[LAUGHTER] BUT DO APPRECIATE YOUR DETAIL, VERY MUCH APPRECIATE DETAILS.
AS PERSON WHO LIKES TO GO INTO THE WEEDS, SO TO SPEAK, I APPRECIATE IT VERY MUCH, AND THE COLOR-CODING.
BUT HOPE YOU DON'T MIND, WE WERE GETTING TO YES.
>> MY CONCERNS ARE WE'RE TAKING A PROPERTY THAT I AM VERY HAPPY ABOUT, LET ME START OFF WITH.
I'M VERY FAMILIAR WITH THAT PROPERTY, AND THE REASON WHY YOUR PROPERTY LOOKS THE WAY IT DOES IS BECAUSE WE HAVE PEOPLE WHO DECIDE THAT THEY'RE GOING TO PARK THEIR SEMI TRUCKS THERE, OR THEIR WINNEBAGOS, AND THEY'RE GOING TO CAMP OUT.
GLAD THAT THAT'S NOT GOING TO HAPPEN ANYMORE.
I APPRECIATE THE SPOTS FOR THE EMPLOYEES, BUT I WAS CURIOUS ABOUT THE HANDICAP SPOTS, IT APPEARED THAT THERE WAS ONLY FOUR.
>> IT'S WHAT THE CODE REQUIRES.
>> OKAY. IF YOU SHOULD HEAR FROM SOME OF OUR RESIDENTS WHO MIGHT TELL YOU THAT THEY DON'T THINK IT'S ENOUGH.
HOPEFULLY, YOU'LL JUST TAKE IT INTO CONSIDERATION.
>> SURE. WE CAN MAKE ACCOMMODATIONS FOR THAT.
>> PLEASE DO. YOU'VE GOT A 55 AND OLDER, YOU GOT FAIR HAVEN, AND GREEN HAVEN, AND SUNSET AISLES ARE YOUR 55 AND OLDERS AROUND THERE.
I AM JUST ABSOLUTELY CERTAIN THAT PEOPLE WILL BE COMING AROUND FROM OTHER PLACES TO GO THERE AS WELL.
MY REQUEST IS ALSO GOING TO BE, YOU HAVE THE HOTEL ACROSS THE WAY.
PEOPLE WHO SOMETIMES LIKE TO TAKE THE EASIEST PATH OF LEAST RESISTANCE, THEY'RE COMING FROM THE BACK-END.
PLEASE MAKE SURE YOUR SHRUBBERY IS SUFFICIENT SO THAT IT DOESN'T MAKE ONE OF THOSE TYPICAL LITTLE CULVERTS TO GO IN AND OUT IN THE BACK-END AND MOON YOUR SHRUBBERY.
I'M GOING TO REQUEST THAT YOU MAKE SURE THAT YOU HAVE GARBAGE CANS TOWARDS YOUR BACK END AS YOU'RE LEAVING, AND IN THE FRONT AS WELL BECAUSE PEOPLE ARE VERY LAZY AND AFTER THEY SAT IN LINE, THEY EAT THEIR FOOD, THEY LIKE TO JUST GO LIKE THIS.
IF THERE'S A WAY TO MAKE SOME STRATEGICALLY PLACED GARBAGE CANS AS WELL TO HELP THAT AREA NOT HAVE ADDITIONAL TRASH, IT WOULD BE APPRECIATED.
I AM A LITTLE CONCERNED ABOUT THE LIGHTING THAT'LL BE THERE BECAUSE YOU'RE NOW AT 10:00 AM TO 10:00 PM WHICH ALSO MEANS YOUR PEOPLE ARE STILL WORKING TILL ABOUT 11:00.
I'M SURE YOUR CANDLESTICKS WILL BE APPROPRIATE, BUT PLEASE MAKE SURE IT'S WELL LIT FOR SECURITY BY MAKING SURE THAT THE RESIDENTS DON'T HAVE ANY ISSUES.
IF YOU SHOULD HEAR FROM COMMISSIONER WRIGHT OR EVEN MYSELF, BUT COMMISSIONER WRIGHT IS GETTING INTO THOSE COMMUNITIES AS HE'S NOW REPRESENTING THEM.
PLEASE TAKE THEM INTO CONSIDERATION IF THEY START HAVING ANY ISSUES WITH THE EXCESS LIGHTING AND NOISE THAT THEY'RE NOT USED TO.
THIS IS A DIFFERENT USE AND IS NORMAL FOR THAT LOCATION.
WE'LL TAKE A LITTLE GETTING USED TO IN WORKING TOGETHER.
I DID CATCH THE FLUOROPHORE AND THE ARBITRARIES AND THOUGHT THAT WAS GREAT.
AS FOR THE COLORS THAT YOU HAVE, LOVE THEM.
AS MAXINE KNOWS, I'M ALL FOR COLORS.
>> NO GREEN. I'M VERY HAPPY WITH THE BLUES AND THE LIGHTER BEIGE.
IT LOOKS BEAUTIFUL. I'M JUST ALSO TRYING TO READ MY NOTES.
HAPPY THAT YOU HAD TO TRESPASS WARRANTS, THAT YOU'LL BE PARTING THERE.
YOU HEARD MY COMMENTS ABOUT THE DUMPSTERS FOR THE OTHER BUSINESS,
[03:25:02]
PLEASE MAKE SURE YOU ARE MAKING SURE THAT YOU HAVE A SUFFICIENT LOAD THERE.I HAD QUESTIONS, AND EARLIER I SPOKE WITH MS. CALLOWAY AND THE CITY MANAGER REGARDING THE TRAFFIC USE AND USING 2019 AS ACCEPTABLE, BUT I'M REALLY NOT IN AGREEMENT WITH THE TRAFFIC STUDY.
FORGIVE ME, I'M ON TRANSPORTATION AND A FEW DIFFERENT THINGS WITH MPO AND NATIONAL LEAGUE AND VERY INTO TRAFFIC AS WELL, AND I DO THINK SOMETIMES THE WAY THE STUDIES ARE BEING DONE NOWADAYS, THEY'RE NOT UP TO PAR FOR WHAT THEY SHOULD BE.
THAT BEING SAID, I ALSO AM AWARE THAT WANTING YOU TO HAVE THAT DESIGNATED TURN LANE IS F DOT, AND THEY'RE NOT GOING TO GIVE IT TO US.
I WANT YOUR BUSINESS TO SUCCEED, BUT I DON'T WANT IT TO SUCCEED WELL ENOUGH THAT EVERYONE'S GOING TO GET MAD AND WE'RE GOING TO HAVE A PARKING ISSUE, BUT I DO SEE HOW YOU'VE MADE THE PROPERTY USE ITSELF TO TAKE CARE OF THAT.
THANK YOU FOR TAKING THAT INTO CONSIDERATION.
I ALSO KNOW THAT I HAD A MEETING THE OTHER NIGHT WITH RESIDENTS AND THEY BASICALLY SAID THAT I WILL BE VOTING YES ON THIS.
TWO, WISH I DID TELL THEM AS FAR AS JUDICIAL, I WILL NOT TELL YOU WHAT I'M VOTING ON UNTIL I VOTE, BUT I WILL TELL YOU THAT PEOPLE ARE VERY EXCITED TO HAVE YOU IN THE COMMUNITY AS WELL.
I AM LOOKING FORWARD TO THAT BURGER. COMMISSIONER DANIELLES.
>> I JUST WANTED TO SAY THANK YOU FOR THE GREENERY, ALL THE TREES, IT LOOKS BEAUTIFUL, SOMEWHERE I REALLY WANT TO GO.
YOU WERE VERY THOROUGH TO THE WINDOW.
>> PLEASE DON'T APOLOGIZE. IT REALLY IS GOOD.
>> IT IS. I TRULY LOVE THE GREENERY BECAUSE IT BRINGS BACK THE NATURE, SO THANK YOU FOR THAT.
>> THANK YOU. SEEING WE'VE GOT OUR MOTIONS OUT OF THE WAY.
NO, DO I HAVE MY MOTION OUT OF THE WAY? NO. I NOW NEED A MOTION AND A SECOND.
>> WELL, COMMISSIONER WRIGHT, I'M GOING TO ACTUALLY GIVE YOU THE MOTION BECAUSE YOU SAID IT FIRST, AND THEN COMMISSIONER VILLALOBOS IS YOUR SECOND.
>> MADAM MAYOR FOR ALL THREE ITEMS?
>> ONE BY ONE. WE'RE VOTING ONE BY ONE.
CITY ATTORNEY YOUR SAYING THAT IT'S OKAY FOR ONE MOTION FOR EACH OR I'M DOING ONE ON EACH?
>> WE WANT TO CONTINUE WHAT WE DID.
THIS IS FOR 9DTB 066, WE'VE GOT A MOTION BY COMMISSIONER WRIGHT.
WE'VE GOT THE SECOND BY COMMISSIONER VILLALOBOS. PLEASE CALL THE ROLL.
>> THANK YOU, MADAM MAYOR. COMMISSIONER DANIELLES.
>> MOTION PASSES FIVE TO ZERO.
>> I'VE GOT A MOTION BY COMMISSIONER VILLALOBOS, A SECOND BY THE VICE MAYOR.
CITY CLERK, PLEASE CALL THE ROLL.
>> THANK YOU. MOTION PASSES FIVE TO ZERO.
>> EXCELLENT. MOVING NOW TO 9FTR13879.
I NEED A MOTION AND A SECOND, PLEASE.
>> I HAVE A MOTION BY COMMISSIONER VILLALOBOS AND A SECOND BY COMMISSIONER WRIGHT.
CITY CLERK PLEASE CALL THE ROLL.
>> THANK YOU. MOTION PASSES FIVE TO ZERO.
>> THANK YOU AND WELCOME TO OUR CITY.
>> EXCELLENT. LET US KNOW ON THAT RIBBON CUTTING IS.
I KNOW YOU STILL HAVE TO BREAK GROUND, BUT WE'RE READY.
>> TAKE CARE. GET HOME SAFELY.
[BACKGROUND] WE'LL GET THAT FIXED.
[10.a Commission Appointment to the Broward Metropolitan Planning Organization (MPO) Board.]
NO BREAKS FOR YOU. WE'RE AT 10A.THE COMMISSION NEEDS TO APPOINT A MEMBER TO THE BROWARD MPO OF MONEY, MUCH PLOTTING AND PLANNING ORGANIZATION, AND I'M GOING TO ASK THE CITY MANAGER TO GIVE US MORE DETAILS, PLEASE.
>> THANK YOU, MAYOR. AS MANY OF YOU KNOW, COMMISSIONER DEBORAH PLACKO WAS SERVING ON THE MPO BOARD WHILE SHE WAS A COMMISSIONER.
WITH HER DEPARTURE FROM THE COMMISSION, IT'S UP TO YOU-ALL TO SELECT SOMEONE ELSE TO GO AND REPRESENT THE CITY OF TAMARAC ON THE BOARD.
[03:30:02]
THE CITY IS A VOTING MEMBER, ONE OF 25 AND THE TERM IS AS LONG AS YOU-ALL CHOOSE.BASICALLY, THERE'S NO TERM LIMITS PER SE THAT THEY IMPOSE, SO IT'S UP TO THE BODY TO DECIDE.
THERE'S BACKUP THAT WAS ATTACHED THAT TALKS ABOUT IT'S AN ORIENTATION PACKET AND GIVES SOME BASIC INFORMATION, BUT THERE'S 10 MEETINGS A YEAR, AND IT TALKS ABOUT WHAT THE RESPONSIBILITIES ARE.
WITH THAT, I'LL TURN IT BACK TO YOU.
>> THANK YOU. YES, THERE'S 10 MEETINGS A YEAR.
THEY ARE THE SECOND THURSDAY OF THE MONTH AND THEY ARE ABOUT TWO HOURS TO TWO-AND-A-HALF HOURS LONG.
>> I LIKE TO NOMINATE MYSELF CONSIDERING THAT I DO HAVE THE TIME TO DO IT AND I WOULD LOVE TO LEARN MORE ABOUT THE MPO.
>> YES, L WAS INTERESTED TO CONTINUE IN PLACKO'S SPOT.
>> WE'VE GOT COMMISSIONER DANIELLES, WE'VE GOT COMMISSIONER VILLALOBOS.
I KNOW THAT I HAVE BEEN VERY INTERESTED IN THE ITEM AS WELL CONSIDERING MY INVOLVEMENT WITH THE MPO ON THE HOUSING AND AFFORDABILITY, RESILIENCY TASK FORCE, AND THE CONSORTIUM FOR M-TECH IT'S CALLED, ENGINEERING, CONSTRUCTION CONSORTIUM AND DEALING WITH THE BROWARD COUNTY SURTAX.
SORRY, I'VE GOTTEN TO A POINT TONIGHT WHERE I'M A BIT TIRED.
>> WITH THAT MAYOR, IF I MAY, I WITHDRAW MINE.
IT SOUNDS LIKE YOU'RE MORE FAMILIAR WITH THE SITUATION, WHICH IS VERY IMPORTANT AT THIS TIME.
>> WELL, I APPRECIATE THAT. I APPRECIATE THE SUPPORT FOR THAT.
I AM HAPPY TO WITHDRAW MYSELF FROM BEING ON THE NATIONAL LEAGUE OF CITIES TRANSPORTATION ITEM BECAUSE I HAVE MY INVOLVEMENT HOPEFULLY, MORE WITH THE MPO, AND WITH THROUGH THE US CONFERENCE OF MAYORS ON TRANSPORTATION.
I'VE BEEN EATING, BREATHING, AND SLEEPING TRAFFIC, AND SO I WOULD THINK THAT THIS WOULD BE A PERFECT FIT.
I WOULD APPRECIATE THE OPPORTUNITY, BUT THAT BEING SAID, I'M JUST SEEING IF THERE WAS ANYBODY ELSE WHO WISH TO PUT THEIR HAT IN THE RING AND SEEING THAT.
WE, AT THIS POINT, NEED A CONSENSUS FOR EITHER COMMISSIONER DANIELLES OR FOR MYSELF ON BEING REPRESENTATIVE FOR THE MPO FOR THE CITY, A VOTING MEMBER. VICE MAYOR.
>> I DO THINK THAT THE MPO NEED A FRESH PAIR OF EYES AND SO I WOULD GO WITH DR. DANIELLES ON THIS.
>> FRESH PAIR OF EYES BECAUSE THERE'S NO DEBORAH PLACKO, SO THEY WILL ALWAYS BE A FRESH PAIR OF EYES.
UNDERSTOOD. COMMISSIONER DANIELLES, I UNDERSTAND THAT YOU'RE SEEKING IT FOR YOURSELF.
I OBVIOUSLY SEEK FOR MYSELF, BUT IT'S OKAY.
>> I WOULD LIKE TO NOMINATE THE MAYOR CONSIDERING HER HISTORY AND HER KNOWLEDGE, WHICH IS GOING TO BE VERY IMPORTANT.
>> THANK YOU. COMMISSIONER WRIGHT.
>> I BELIEVE AS A COMMISSION, WE ALL SHOULD GET OPPORTUNITIES FOR DIFFERENT THINGS.
I THINK AS MAYOR, YOU GET A LOT OF OPPORTUNITIES.
I THINK AS VICE MAYOR, VICE MAYOR BOLTON GETS A LOT OF OPPORTUNITIES, I THINK COMMISSIONER VILLALOBOS SERVED AS VICE MAYOR HIS FIRST DAY HE WAS ELECTED.
I THINK WE SHOULD GIVE DR. DANIELLES AN OPPORTUNITY TO LEARN MORE AND I SUPPORT DR. DANIELLES.
>> THAT IS NOT A PROBLEM. DR. DANIELLES, YOU'LL ENJOY IT.
YOU WILL MEET WITH GREG STEWART AND THE TEAM AND WE WILL PUT FORTH THE LETTER TO THEM RIGHT AWAY BECAUSE I SPOKE WITH HIM EARLIER TODAY.
HE WAS CURIOUS AS TO WHO WOULD BE SELECTED AND LET THEM KNOW THAT IT'D BE DONE TONIGHT. YOU'LL ENJOY.
IF YOU HAVE ANY QUESTIONS THAT IS NOT IN A VOTING SITUATION, I'D BE HAPPY TO TALK WITH YOU ABOUT IT. YOU GOT IT.
>> [OVERLAPPING] MAYOR, ON THAT ITEM, DO YOU WANT TO IMPOSE A TERM LIMIT AS THE MANAGER?
>> NO, PERSONALLY, I DON'T FEEL ABOUT PUTTING A TERM LIMIT.
I WOULD THINK THAT IF DR. DANIELLES WOULD FIND THAT THE TOPIC IS NOT INTERESTING OR FINDS THAT IT IS INTERFERING IN OTHER THINGS THAT SHE'S DOING FOR THE CITY OR BUSINESS, THEN SHE'LL LET US KNOW THAT SHE WISHES TO SWITCH OUT, BUT I DON'T THINK THERE SHOULD BE.
>> ANYBODY ELSE HAVE ANY THOUGHT ON THAT?
>> IN TERMS OF TERM LIMIT, I THINK PERHAPS WE SHOULD PUT A TERM LIMIT IN TERMS OF GIVING PEOPLE OPPORTUNITIES.
I THINK CHANGING JESSICA, WE GIVE PEOPLE TERM LIMIT FOR VICE MAYOR.
I THINK HAVING SOMEONE DIFFERENT ON THE BOARD, IT HELPS US AND WE CAN LEARN MORE.
[03:35:02]
IT'S SOMETHING I WOULD DEFINITELY CONSIDER.>> I GUESS I'M THE TIEBREAKER HERE, SO I WOULD AGREE WITH DR. DANIELLES AND MAYOR GOMEZ ON THIS.
>> I APPRECIATE IT. ONE THING FIRST ON THIS PARTICULAR BOARD FOR THE MPO, IT'S NOT LIKE THE NATIONAL LEAGUE OF CITIES OR BROWARD LEAGUE OF CITIES TYPE SITUATIONS WHERE YOU DO SOMETHING TODAY AND YOU GET IT RESOLVED TOMORROW OR WITHIN A YEAR.
THERE ARE PROJECTS THAT WHEN YOU'RE SITTING ON THE MPO, IT TAKES YEARS.
THERE'S LOTS OF INPUT LIKE WHEN WE'RE DEALING WITH KNOWING THAT WE'RE FINALLY GOING TO GET SOME TRAFFIC RELIEF WITH THE TURNPIKE AND THEY'RE GOING TO BE SOME EXITS COMING OFF THE TURNPIKE ON CYPRUS CREEK AND ON OAKLAND PARK THAT WILL RELIEVE COMMERCIAL.
THOSE THINGS HAVE BEEN TAKING MPO PROJECTS FOR YEARS, SO I THINK IT'S ONE OF THOSE THINGS THAT DR.
DANIELLES WILL HAVE HER FEET GETTING WET FOR THE FIRST YEAR.
I THINK YOU NEED THE TIME IN THERE.
UNLESS YOU DECIDE AT THAT TIME OR WE FIND THAT YOU'RE NOT ABLE TO GO BECAUSE WE GET A REPORT IF YOU'RE NOT GOING, THEN THAT WOULD BE SOMETHING THAT THE COMMISSION CAN TALK ABOUT AT THAT TIME.
BUT APPRECIATE THAT THE CONVERSATION WAS HAD TO JUST IN CASE.
[10.c Personal Time of Privilege. Assuring the roles each member of the Commission and Staff including Charter Officers understand that the Commission operates as a body and not as an individual part of a body. Any derailed agenda or overreach of power will have to account their actions to the commission body and ultimately the community and/or appropriate authorities.]
PERSONAL TIME OF PRIVILEGE, AND THIS IS COMMISSIONER VILLALOBOS, THIS ITEM.>> THANK YOU, MAYOR. I JUST WANT TO WISH EVERYONE A HAPPY NEW YEAR.
FIRST OF ALL, I KNOW WE'VE BEEN SAYING IT FOR 11 DAYS ALREADY.
I WANT TO CONGRATULATE, HANS OTTINOT AND HIS FIRM FOR BEING SELECTED BY THE MAJORITY OF THIS COMMISSION, FOR NEW CITY ATTORNEY AND MR. LEVENT FOR OUR CITY MANAGER.
I JUST WANT TO MAKE SURE THAT WE ALL UNDERSTAND THAT THIS DECISIONS THAT WE MAKE BY THE FIVE OF US, IT'S NOT CONTROLLED BY ANY ONE PERSON.
TO MY COLLEAGUES ON THIS COMMISSION THIS IS NOT A PRIOR COMMISSION.
WE ENDED THE LAST COMMISSION MEETING ON A VERY BAD NOTE.
I THINK IT GAVE EVERYONE A BAD TASTE OF WHAT WE'LL BE GOING ON.
I WANT TO BELIEVE THAT IS NOT THE CASE.
IF WE CAN ALL COLLEGIALLY WORK TOGETHER FOR THE CITY WITH STAFF, WE CANNOT BE HAVING STAFF BEING SHAKEN BY THE DECISIONS THAT WE MAKE.
THE SUNSHINE LAW IS VERY IMPORTANT.
WE HAVE TO ALL KEEP THAT IN MIND WHILE WE'RE TALKING TO EACH OTHER OR USING A THIRD PARTY PERSON TO FILTER INFORMATION DOWN TO OTHER COMMISSIONERS THAT WILL NOT BE ACCEPTED.
THERE WILL BE A LOT OF ACCOUNTABILITY ON MY END FOR EVERYONE ON THIS COMMISSION AS WELL AS STAFF.
I AM LISTENING TO THE RESIDENTS.
MORE RESIDENTS ARE PAYING ATTENTION TO US AND THEY'RE GOING TO CONTINUE TO INCREASE LISTENING TO US BECAUSE I'VE SEEN THE NUMBERS AND I'VE SEEN WHAT THEY'RE COMPLAINING ABOUT, WHAT THEY NEED, WHAT THEY WANT.
WE JUST NEED TO HAVE THE NEXT YEAR THIS YEAR BE ONE OF THE BEST YEARS THAT WE'VE HAD IN QUITE SOME TIME.
WITH THAT, I JUST WANTED TO AGAIN CONGRATULATE BOTH OF YOU AND JUST KNOW THAT STAFF WE DON'T REPORT TO YOU.
WE HAVE TO REPORT TO MANAGER AND CITY ATTORNEY.
YOU'RE THERE ONLY TWO PERSONS THAT WE CONTROL, BASICALLY.
YOU GUYS YOU HEAR FROM US, I'VE HAD A PRIVATE CONVERSATION WITH LEVENT AND I LOOK FORWARD TO OUR CONVERSATION CITY ATTORNEY, SOMETIME NEXT WEEK.
I JUST HOPE THAT OUR COMMISSION MAKES DECISIONS ON THEIR OWN AND NOT BY ANY OTHER MEANS.
>> OH, ONE MORE THING I WANT TO SAY.
EXCUSE ME BECAUSE I WROTE IT DOWN.
TO MS. MAXINE I WANT TO APOLOGIZE ON BEHALF OF THIS COMMISSION AND VICE MAYOR FOR TELLING YOU YOU HAVE THREE-STRIKES.
I BELIEVE THAT WAS VERY INAPPROPRIATE FOR ANY MEMBER TO TELL STAFF THAT THEY'RE ON STRIKE 3, STRIKE 1, STRIKE 2.
THAT'S SOMETHING THAT LOOKS BAD ON ALL OF US BECAUSE THAT OPENS THE FLOODGATES FOR ANYONE ELSE TO BE DEMEANING WHAT STAFF DOES.
WHAT YOU DO IS A PHENOMENAL JOB.
FOR OUR VICE MAYOR TO SAY THAT, IT'S VERY INAPPROPRIATE.
ALSO FOR OUR VICE MAYOR TO BE TELLING STAFF FROM TODAY IS WITH OUR CONSENSUS TO PUT SOMETHING ON THE AGENDA THAT THEY WANT TO SPEAK ABOUT SHOULD NOT ALSO BE ALLOWED, IN MY OPINION.
[03:40:04]
THE BOSS PROGRAM, WHOEVER WANTS TO LEARN ABOUT IT, CAN LEARN ABOUT IT.BUT IT SHOULD NOT BE THROWN FROM THE FLOOR WITHOUT OUR CONSENSUS BY ONE MEMBER OF THIS COMMISSION OR ANY OTHER ITEM FOR THAT MATTER. THAT'S ALMA.
>> THANK YOU AND ACTUALLY, ON THAT ITEM, THAT IS SOMETHING I THINK WE'RE GOING TO BE
[10.f Discussion and possible motion to require all items under “Other” to have backup information.]
DISCUSSING MORE ON 10F I DON'T KNOW IF YOU WANT TO MOVE 10F, I'D BE HAPPY TO MOVE 10F TO SPEAK ABOUT NOW REGARDING PROPER PROCEDURES AND ACCESS TO THE DAY OR ACCESS TO THE AGENDA.I HAVE OTHER THOUGHTS, BUT IF YOU WANT TO BRING THAT UP.
>> NOW THEN I'M MOVING IT UP TO THERE. GO AHEAD.
>> THANK YOU, MAYOR. THIS IS A REGARDS TO OUR LAST MEETING.
LAST YEAR WE DECIDED AS A COMMISSION THAT WHEN WE PROVIDE AN ITEM TO BE ON THE AGENDA, THE BACKUP IS TO BE PROVIDED.
THIS WAY IT GIVES US AN EQUITABLE TIME ALLOTTED TO ALL OF US TO BE PREPARED.
WE CANNOT HAVE ANY ONE MEMBER JUST THROW THINGS AT US ON THE NIGHT OF A MEETING AND EVERYONE ELSE IS LOST.
IT'S INAPPROPRIATE, IT'S UNPROFESSIONAL, IT'S NOT NEEDED.
WE NEED TO ALSO PREPARE OURSELVES SO THAT WE ARE EITHER IN FAVOR OR AGAINST IT.
HAD WE BEEN BEEN PREPARED FOR ANY ITEM AND IT SOUNDS GOOD, BUT WE DON'T HAVE A BACKUP.
WE SHOULD NOT BE ALLOWED TO VOTE ON THAT.
ANY ITEM THAT COMES BEFORE US, I WOULD LIKE THIS COMMISSION TO GET CONSENSUS IF ANYONE PUTS AN ITEM ON THE AGENDA.
THAT BACKUP IS PROVIDED FOR AN EQUITABLE AND REALLY INFORMATIVE.
I DON'T EVEN KNOW WHAT ELSE WORD TO SAY EXCEPT FOR A COLLEGIAL MEETING, PROFESSIONAL MEETING VERSUS THE BACK-AND-FORTH, TO FIGHTING, THE BICKERING AND THE LIKES.
IF I CAN GET CONSENSUS FROM THIS COMMISSION NOW THAT NO ITEM WILL BE PLACED ON THE AGENDA WITHOUT BACKUP INFORMATION.
>> I'M GOING TO JUST TAG INTO THAT BEFORE GOING FORWARD TO CONSENSUS.
I THINK THE ISSUE CRUISES SIMILAR TO AN ISSUE THAT I'VE HAD.
I'VE MADE THIS COMMENT BEFORE, WE HAVE A PROCESS IN PLACE TO BE ABLE TO BE INTELLIGENTLY MAKING DECISIONS FOR THE CITY.
THE REASON WE HAVE THE RULE OF SIX BUSINESS DAYS IS TO GET THE INFORMATION, TO GET THE BACKUP SO WE'RE NOT DOING ANYTHING BY SURPRISE.
WITHOUT HAVING THE BACKUP IN THERE ON THINGS THAT NEED TO BE VOTED ON AND DISCUSSED AND GET CONSENSUS.
PEOPLE WHO ARE WATCHING HAVE NO ABILITY TO COME SIT HERE AND GIVE US ANY FEEDBACK OR COMMENTS.
THE REASON 10 WAS CREATED WITH A MIX FROM WHAT HAPPENED WITH COVID AND NOT HAVING OUR WORKSHOPS.
IT WAS AN OPPORTUNITY FOR US TO TALK SINCE WE'RE NOT SUPPOSED TO TALK TO ONE ANOTHER ABOUT ITEMS THAT WE WANT TO VOTE ON AND THIS TO BE OUR WORKSHOP.
IT'S FOR US TO SAY HERE, THIS IS WHAT I'M THINKING.
WHAT DO YOU THINK? HERE'S SOME INFORMATION FOR YOU TO READ AND UNDERSTAND SO YOU CAN SAY, I'M READY TO GO.
BUT IT'S ALSO AN OPPORTUNITY FOR US TO SAY THERE'S NOT ENOUGH INFORMATION HERE, LET'S PUT IT BACK ON THE NEXT WORKSHOP WHERE THERE'S MORE INFORMATION.
IF WE HAVE CONSENSUS BECAUSE WE WORK AS A COLLEGIAL BODY.
OUR CHARTER SAYS THAT THIS COMMISSION IS RUN AS A COLLEGIAL BODY, WHICH MEANS THERE HAS TO BE CONSENSUS OF THREE OF US IN A PUBLIC MEETING, WORKSHOPS, SPECIAL EVENTS, SPECIAL MEETING IN ORDER TO MOVE ANYTHING FORWARD, IN ORDER TO DIRECT STAFF AND TELL THEM I WANT THIS TO BE DONE AT THE NEXT MEETING.
FOR US TO MAKE OUR DECISIONS, I WOULD AGREE UNLESS IT IS SOMETHING THAT'S SAYING THAT ON AUGUST 15TH, WE'RE GOING TO SEND A BIRTHDAY CARD TO SO-AND-SO BECAUSE WE KNOW IT'S THEIR BIRTHDAY, WE DON'T REALLY NEED TO PUT THE BIRTHDAY CERTIFICATE IN THE BACKUP.
I THINK THAT'S SIMPLE ENOUGH TO SAY THERE'S NOTHING IN THE BACKUP THERE, BUT THERE'S NOT SOMETHING THAT WE WOULD DO SO SIMPLY.
WE'RE SITTING HERE, WE'RE TALKING ABOUT POLICY.
THERE'S STUFF THAT WE NORMALLY HAVE TO READ AND SO I WOULD SUPPORT MAKING SURE, IF WE'RE DOING AN ITEM FOR THE BACKUP TO MAKE A DETERMINATION IF THERE'S CONSENSUS TO THEN PUT IT ON A REGULAR MEETING, THEN WE NEED TO HAVE BACKUP IN THERE.
UNLESS IT CAN BE PROVEN WHY THERE IS NO BACKUP NEEDED.
BUT SOMETHING THAT I'M SORRY, CITY ATTORNEY AND YOU KNOW, I WAS GOING TO TALK TO YOU ABOUT THIS.
VOTING ON THE CITY ATTORNEY IS VERY IMPORTANT ITEM.
IT WOULD'VE BEEN NICE TO KNOW THAT WE WERE GOING TO BE DISCUSSING SELECTION OF A CITY ATTORNEY,
[03:45:01]
EVEN IF IT WAS FOR JUST ONE PERSON'S DESIRE TO PUT YOUR BUSINESS ON THERE, WE COULD ASK QUESTIONS AND BE KNOWLEDGEABLE OF THE QUESTIONS VERSUS THE ANIMOSITY THAT HAD BUILT UP THAT EVENING IN THE DECISION MAKING PROCESS, WE WERE BLINDSIDED.THE CITY ISN'T BLIND-SIDED AND THAT'S NOT THE WAY YOU RUN A CITY.
THERE'S NO TRANSPARENCY THAT WAY.
I WOULD SUPPORT CONSENSUS FOR HAVING NUMBER 10 ITEMS OR WORKSHOP ITEMS OR WHAT WE'RE GOING TO CALL THEM OTHER ITEMS, HAVING A BACKUP BEFORE THEY CAN GO ON THE AGENDA.
>> THANK YOU, MAYOR. IT'S FUNNY BECAUSE MS. CALLOWAY AND I WE CHUCKLED IN THE HALLWAYS EARLIER BECAUSE MY COMMENT WAS NOT AND SHE UNDERSTOOD WAS NOT MEAN-SPIRITED.
AS A MATTER OF FACT, MS. CALLOWAY UNDERSTANDS THAT OUR COMMUNITY DEVELOPMENT IS MY FORTE, AND WE TYPICALLY HAVE CONVERSATIONS ABOUT COMMUNITY DEVELOPMENT AND WE HAVE AN INSIDE JOKE ABOUT THREE-STRIKES.
WHEN I SAID THAT SHE UNDERSTOOD THAT IT TO NOT BE MEAN-SPIRITED.
WE LAUGHED ABOUT IT TO THE EXTENT THEN THAT SOMEONE ON THIS DAYS THINKS THAT IT WAS INAPPROPRIATE.
I APOLOGIZE FOR THAT BECAUSE OBVIOUSLY, IT IS UP TO SOMEBODY TO INTERPRET FOR THEIR OWN CELLS, BUT JUST FOR THE RECORD, IT WAS NOT MEANS PER DAY.
I THINK THAT MS. CALLOWAY IS A CONSUMMATE PROFESSIONAL.
IN MY OPINION, WAS THE BEST STAFF MEMBERS HERE AND ALL OF OUR STAFF MEMBERS DO AN EXCELLENT JOB.
MS. CALLOWAY IS ONE OF THOSE INDIVIDUALS THAT YOU CAN RELY ON TO ALWAYS HAVE GREAT INFORMATION.
I HAVE A VERY GOOD RELATIONSHIP WITH STAFF MEMBERS AND THEY WOULD CONSTANTLY TELL ME HOW MS. CALLOWAY IS JUST ONE OF THE BEST STAFF MEMBERS.
NOT TO PUT YOU ON THE SPOT RELEVANT, BUT EVEN THE INCOMING CITY MANAGER TOLD ME PRIVATELY THAT MS. CALLOWAY IS ONE OF THOSE STAFF MEMBERS THAT OUTPUTS GREAT WORK.
TO THE EXTENT THAT SOMEBODY FROM THE PUBLIC WOULD THINK THAT I'M MEAN-SPIRITED TO MS. CALLOWAY, WHOM I LOVE AND ADORE, AND SHE KNOWS THAT.
IT'S LAUGHABLE, BUT YOUR COMMENTARY, COMMISSIONER VILLALOBOS, HAS MERIT, OBVIOUSLY, BECAUSE THAT'S THE WAY YOU TOOK IT.
BUT I'M SURE BECAUSE MS. CALLOWAY AND I SPOKE ABOUT THIS, THAT THE COMMENT WAS NOT MEAN-SPIRITED THAT WE AGREE THAT BOTH OF US UNDERSTOOD WHAT THAT THREE-STRIKES MEANS.
OF COURSE, I'M NOT GOING TO DIVULGE PERSONAL CONVERSATIONS THAT I HAVE WITH MS. CALLOWAY, BUT SHE KNOWS HOW MUCH I LOVE HER, APPRECIATE HER.
IT WAS NOT MEANT TO BE MEAN-SPIRITED.
TO THAT EXTENT, YOU HAVE YOUR APOLOGY.
I DON'T UNDERSTAND THOUGH HOW WE MOVED OUT ONE ITEM UP WITHOUT CONSENSUS, BUT THAT'S ANOTHER THING.
>> THANK YOU, MAYOR. I THOUGHT YOU WERE INTERRUPTING ME FOR A MINUTE.
I DON'T UNDERSTAND WHY WE MOVED UP AN ITEM WITHOUT CONSENSUS, BUT I GUESS WE CAN.
BUT TO THE EXTENT THAT WE WANTED TO HAVE BACKUP INFORMATION FOR ITEMS. I'VE BEEN HERE SIX YEARS.
IN MY FIRST COUPLE OF YEARS, WE DID NOT EVEN HAVE THE OTHER SECTION. THAT'S THE FIRST THING.
SECOND THING IS THAT, WE HAD ACCESS TO THE AGENDA WHEN SAM GOREN WAS HERE.
WE WILL PUT ITEMS ON THE AGENDA.
THAT IS ONE OF THE THINGS THAT WE HAVE THAT WE HOLD SACRED TO THE POWER OF HAVING ACCESS TO THE AGENDA AT ANY TIME.
TO THE EXTENT THAT ONE OF OUR COLLEAGUES IS ASKING THAT WE DON'T HAVE THAT, THAT IS NOT ONLY LAUGHABLE, BUT IT TRAMPLES ON OUR RIGHT AS COMMISSIONERS TO HAVE ACCESS TO THE AGENDA,
[03:50:05]
TO THE EXTENT THAT WE PUT SOMETHING ON THE AGENDA THAT FORMS THEN THE BACKUP INFORMATION AND OUR COMMENTARY ON THE DAY IS ALSO FORMS BACKUP INFORMATION.ON THIS ITEM, I WOULD ACTUALLY ASK MY COLLEAGUES THAT WE DON'T HAVE THE AUTHOR SECTION.
WE PUT THINGS ON THE AGENDA WHENEVER WE WANT AND TO THE EXTENT THAT IT HAS A SECOND, THEN IT IS DISCUSSED AND IF WE DISCUSS IT AND OUR COLLEAGUES AGREE, THEN ABSOLUTELY.
IF AN ITEM DOES NOT HAVE A SECOND AND THE MAYOR WILL RECALL.
THERE WERE TIMES IN THE PAST WHERE I'VE PUT ITEMS ON THE AGENDA AND DID NOT GET A SECOND.
HOW RIDGE WRESTLER WOULD SAY DIES FOR LACK OF A SECOND.
WITH THAT SAID, I'LL WRAP UP, BUT THAT IS MY COMMENT THERE. THANK YOU SO MUCH.
>> THAT WAS A LITTLE CIRCULAR.
I'M HEARING FROM VICE MAYOR THAT HE DOES NOT WISH TO HAVE ANY BACKUP AS BEING MANDATORY FOR HIS ACCESS TO THE AGENDA THAT HAS BEEN ASKED FOR THROUGH COMMISSIONER VILLALOBOS. COMMISSIONER DANIEL?
>> WELL, I THINK IF IT'S ONE OF OUR PRIVILEGE, I WOULD NOT WANT TO CHANGE THAT.
HOWEVER, COMMISSIONER ELVIN, YOUR ITEM THAT YOU HAVE DIDN'T HAVE BACKUP TODAY, SO THAT DOESN'T MAKE SENSE TO ME.
SO NO, I DON'T AGREE WITH YOUR STATEMENT.
>> 10F HAS NO BACKUP TO YOUR REQUESTS TO HAVE OTHER HAVE BACKUP WHICH IS WHY THE COMMENT I MADE WAS THERE ARE CERTAIN ITEMS THAT THERE IS NO BACKUP TO BE PROVIDED.
I'M INTERRUPTING HERE ADMITTEDLY BECAUSE IT'S WORKSHOP CONVERSATION AND TRY TO CLARIFY SOME THINGS HERE.
>> I GET WHAT YOU'RE SAYING, BUT MY ANSWER IS NO, AND YOU PROVE WHY MY ANSWER SHOULD BE NO, AND I DON'T EVEN KNOW WHEN WOULD BE THE RIGHT TIME OR WHO WOULD BE THE DECISION-MAKER AS TO WHAT SHOULD GET BACK UP AND WHAT SHOULDN'T BECAUSE WE COULD ALWAYS VOTE NO TO WHATEVER DISCUSSION COMES UP.
YOU KNOW WHAT I'M SAYING? WE STILL HAVE THE RIGHT TO THROW IT DOWN IF WE DON'T WANT AGREE WITH IT.
COMMISSIONER, I'M SORRY. I APOLOGIZE FOR NOT CALLING YOU THAT.
>> I'M SPEAKING. YOU'RE INTERRUPTING, I'M SORRY.
SHE WAS ASKING ME SOME RESPONSES.
THE EXAMPLE WAS TO TRACK THAT WAS GOING TO BE BUILT ON THE SPORTS COMPLEX.
>> A POINT OF ORDER MADAM MAYOR.
>> DR. DANIEL ASKED COMMISSIONER VILLALOBOS ABOUT WHY HE DIDN'T HAVE ANY BACKUP.
>> NO. I DIDN'T ASK THEM WHY I WAS JUST GIVING HIM DOUBT.
IT WASN'T IN A QUESTION FORMAT.
BUT IT'S OKAY. HE COULD SPEAK. GO AHEAD.
>> HE'S TAKING IT AS RHETORICAL.
>> AT ONE POINT THEY WERE GOING TO BUILD OLYMPIC SIZE TRACK IN DISTRICTS 3.
OVER THE SPORTS COMPLEX, OVER THE NEW FOOTBALL FIELD THAT WAS JUST BUILT, NONE OF US KNEW ANY INFORMATION EXCEPT COMMISSIONER GELIN, AND HE WANTED US TO VOTE ON THAT ITEM THAT NIGHT TO START CONSTRUCTION THAT SAME YEAR.
NONE OF US HAD INFORMATION ABOUT THE COST.
IT WAS JUST I NEED THIS APPROVED.
I DON'T CARE WHAT YOU ALL SAY, PLEASE VOTE ON IT.
HOW WE HAD BACKUP, HOW WE KNOW WHO THE VENDORS ARE, WHAT THE COST WOULD BE, PROBABLY WOULD'VE BEEN PASSED.
BUT NONE OF THAT WAS PROVIDED.
>> WHICH IS WHY THE CREATION OF 10.
>> GOT YOU. AGAIN, I WOULD JUST VOTE NO, BECAUSE I ACTUALLY LOVE THE FOOTBALL FIELD.
IT WOULDN'T HAVE BEEN A NO-BRAINER FROM.
AGAIN, WE HAVE THE RIGHT TO JUST VOTE, BUT I DON'T WANT TO PUT THE RIGHTS WE HAVE INTO SOMEBODY AND I DON'T EVEN KNOW WHO'S HAND IT WOULD BE TO DECIDE, THIS GET BACKUP, THIS DOESN'T GET BACKUP.
MY ANSWER IS NO, IT DOESN'T EVEN MATTER. I WON'T SPEAK ANYMORE.
>> THAT'S FINE. DR. DANIEL'S ANSWER IS NO TO OTHER BEING ON THE OTHER SECTION HAVING A REQUIREMENT.
>> I'M NOT SAYING DON'T DO BACKUP.
[03:55:01]
BUT I'M NOT TAKING THAT RIGHT AWAY OR THAT PRIVILEGE, NO.COMMISSIONER, YOU USE THAT PRIVILEGE TODAY ON THIS ITEM.
>> I THINK FOR CLARIFICATION PURPOSES AND COMMISSIONER VILLALOBOS WILL CORRECT ME IF I'M WRONG, IS FOR ITEMS THAT ARE THEN GOING TO TURN INTO A MOTION TO BE VOTED UPON.
THOSE ITEMS WERE THE ONES SHE WAS SAYING THAT BACKUP SHOULD BE DONE.
FOR ITEMS THAT ARE CONSENSUS TO GO FORWARD FOR INFORMATIONAL PURPOSES ARE A LITTLE BIT DIFFERENT.
BUT YOU SHOULD HAVE MORE INFORMATION [BACKGROUND] [OVERLAPPING].
NORMALLY, TRADITIONALLY THEY BECOME A VOTE IF THERE'S CONSENSUS TO PUT THEM ON THE NEXT MEETING WITHIN [BACKGROUND] [OVERLAPPING] UNDERSTOOD.
>> YOUR CONSENSUS IS THAT NO, THAT YOU DO NOT REQUIRE I'M TRYING TO TAKE AWAY THE VOTING ITEM OUT OF 10 BECAUSE IT'S JUST CONSENSUS AREA.
>> COMMISSIONER WRIGHT DOES NOT FEEL THAT ITEMS ON NUMBER 10 ARE REQUIRED TO HAVE BACKUP INFORMATION.
IT IS MY OPINION THAT SOMETHING THAT IS SO IMPORTANT, I AM HOPING THIS COMMISSION WILL IN THE FUTURE EXERCISE THAT SAYING NO AND NOT PASSING IT WHEN THERE IS NO SUBSTANTIAL INFORMATION TO MAKE EDUCATED DECISIONS UPON THEM FOR ITEMS TO JUST VOTED STRAIGHT FROM THE FLOOR ON NUMBER 10.
IF THEY GO TO A CONSENSUS FOR THEM BEING PUT ON AN AGENDA ITEM, THAT'S THE WAY IT SHOULD BE DONE.
FOR SOMEBODY WHILE TWO FORM A CITY ATTORNEY AGO OR MAYBE THREE AT THIS POINT IN TIME, I LOSE TRACK IS BEING TOUTED TO SAY THAT WE HAVE ACCESS TO THE AGENDA AT ANY TIME WE WANT AND WE SHOULD DO AND THE WAY WE WANT.
THAT'S NOT WHAT MR. GORDON AND HIS FIRM SAID.
THESE ITEMS HAVE BEEN IN OUR DOCUMENTS.
IT IS SIX BUSINESS DAYS TO GET IT ON OTHER FOR CONSENSUS BY THIS COMMISSION TO PUT IT ON THE AGENDA.
THAT IS THE RULES, THAT IS OUR CHARTER, THAT IS OUR DISCUSSION, AND THAT IS THE WAY IT WILL STAY.
AS I SAID, ITEM, I BELIEVE 10F IS NOW DONE.
FOR ANY ITEMS, PLEASE, IF YOU'RE GOING TO PUT AN ITEM FOR CONSENSUS, PLEASE PUT BACK UP.
IF YOU CAN, PLEASE PUT BACK UP.
NOW, MOVING ALONG TO ITEM 10D.
[10.d Discussion and possible direction to add collection of pet food/pet care products to the City of Tamarac pantry and social services program(s).]
IT IS MY REQUEST TO ADD PET FOOD, PET CARE PRODUCTS, AND COLLECTIONS TO OUR CITIES PANTRY AND SOCIAL SERVICES PROGRAMS. AS I APPRECIATE WE SAID EARLIER, ONE OF THE THINGS AND SOME OF THE BACKUP THAT I HAVE PROVIDED.PEOPLE WILL QUICKLY SHARE THEIR FOOD WITH THEIR ANIMALS AND THEN THEY GO HUNGRY.
I DO FOOD DISTRIBUTION STILL EVERY WEEK AT THE KOREAN UNITED METHODIST CHURCH AND SOMETIMES FOOD DISTRIBUTION WILL HAVE PET PRODUCTS TO GIVE TO PEOPLE FOR THEIR ANIMALS AND WHEN WE DON'T HAVE IT, THEY'RE ASKING IT FOR IT.
IF THERE'S A WAY FOR OUR CITY TO START HELPING OUR FUR BABIES RECEIVE SOME CARE, WHETHER IT'S BIRD FOOD OR WHATEVER PEOPLE CAN DONATE THAT ARE DRY OR GOODS.
SIMILAR ALONG THE LINES AND SCOPE, WHATEVER SOCIAL SERVICES CAN PROVIDE TO KEEP THINGS FRESH AND WORKING THROUGH OUR PANTRY.
I WOULD GREATLY APPRECIATE THE SUPPORT. COMMISSIONER DANIEL.
>> JUST WANT TO SAY THANK YOU FOR PUTTING THIS ON THE AGENDA.
THIS IS MY FAVORITE THING. [LAUGHTER]
>> WELL, THANK YOU. I TAKE THAT IS A YES?
>> I'VE GOT SUPPORT FROM COMMISSIONER DANIEL. VICE MAYOR.
>> MAYOR, THE MOON STRIKES AGAIN BECAUSE I AGREE WITH YOU ON THIS.
I THINK THAT THIS SHOULD HAVE BEEN SOMETHING THAT THE CITY WAS DOING FOR A VERY LONG TIME BEFORE.
IT WAS A GOOD GESTURE. WHEN THIS BECOMES A THING, MAYBE TOMORROW MORNING, I WILL BUY $700 WORTH OF PET FOOD AND I WILL DONATE IT TO THE PANTRY.
AND WE ALL KNOW WHERE THAT $700 WILL COME FROM.
I AGREE WITH YOU. THANK YOU SO MUCH. LOVELY MAYOR.
>> [LAUGHTER] THANK YOU. VICE MAYOR?
>> YES. FROM COMMISSIONER VILLALOBOS?
>> YES. FROM COMMISSIONER. THANK YOU.
THE PUPPIES, THE KITTIES, THE BIRDIES AND THE TURTLES, AND ALL THOSE LITTLE LOVE BUGS SAY THANK YOU.
WE HAVE CONSENSUS AND SO CITY MANAGER, IF YOU WOULD, PUT INTO PLACE WHATEVER NEEDS TO BE DONE AND OF COURSE, I'M HAPPY TO ASSIST IF YOU NEED ANYTHING TO HELP.
>> SURE, WE WILL TAKE CARE OF THAT.
[10.e Questions for the City Attorney.]
MOVING TO 9E QUESTIONS FOR THE CITY ATTORNEY.[04:00:01]
AND IT'S BEEN COMMENTED A LITTLE BIT AROUND ALREADY.WE HAVE BEEN ENTRUSTED WITH A GREAT FIDUCIARY RESPONSIBILITY FOR OUR RESIDENTS.
WE ARE NOW UP TO 72,000 RESIDENTS, 2,500 OF BUSINESSES, THEIR EMPLOYEES, AND VISITORS WHO COME TO THE CITY.
EVERYTHING WE DO HERE HAS AN EFFECT.
IT HAS CONSEQUENCES, AND PUBLIC TRUST IS PARAMOUNT.
>> I WANT TO DIFFER MADAM MAYOR.
RECENTLY, I BROUGHT FORWARD AN ITEM WITH THE SAME TITLE, QUESTIONS FOR CITY ATTORNEY, QUESTIONS FOR CITY MANAGER.
A RESIDENT MAINLY MEL CAME TO THE PODIUM, HE SAID THAT THIS ITEM, THIS TITLE IS MEANT TO BRAID STAFF AND TO EMBARRASS CITY ATTORNEY AND CITY MANAGER.
THIS COMMISSION AGREED THAT THAT WAS INAPPROPRIATE.
NEXT MEETING, THAT ITEM WAS REMOVED FROM THE AGENDA.
OBVIOUSLY, IT WAS AN AGREEMENT BY YOU AS WELL.
BUT TONIGHT, WE HAVE THE SAME TITLE, SAME ITEM, QUESTIONS TO THE CITY ATTORNEY.
MAYOR, WITH ALL DUE RESPECT AND I RESPECT YOU GREATLY. [OVERLAPPING].
>> MAYOR. I RESPECT YOU GREATLY.
BUT I BELIEVE THAT, LIKE MEL SAID, WE CAN ASK QUESTIONS OF THE CITY ATTORNEY AT ANY TIME.
WE DO NOT HAVE TO ASK QUESTIONS TO THE CITY ATTORNEY IN THIS FASHION AS YOU ARE DOING TONIGHT.
AS I LEARNED MY LESSON, WE CAN DO THIS PRIVATELY AND THIS IS UNCALLED FOR.
>> WELL, COMMISSIONER, VICE MAYOR BOLTON, THANK YOU FOR ATTEMPTING TO SCOLD ME IN PUBLIC ON MAKING PRESUMPTIONS THAT YOU ARE NOT REALLY FULLY EDUCATED ON THE ACTUAL ANSWER TOO.
MY COMMENTS FOR IF I CAN FINISH THEM WILL BE VERY CLEAR.
I KNOW YOU DON'T LIKE THE TITLES OF MY OTHERS.
IT'S BEEN APPARENT FOR THE PAST TWO MEETINGS, YOU DON'T LIKE MY VERBIAGE, BUT I'M GOING TO PROCEED ON WHAT MY BACKUP IS IN THERE AND WHAT IT SAYS, AND THE PURPOSE FOR THIS.
>> IN THIS VERY PROFESSIONAL MEETING, MAYOR, WHERE WE ARE COLLEGIAL AND WE DO NOT MINCE WORDS TO OFFEND EACH OTHER.
I BELIEVE THAT YOUR ITEM IS INAPPROPRIATE.
>> VICE MAYOR BOLTON, YOU'LL LET ME FINISH BEFORE YOU EVEN CAN FIGURE OUT IF IT IS INAPPROPRIATE.
YOU HAVE NOT EVEN LET ME FINISH, WHICH IS INAPPROPRIATE.
>> JUST SO YOU KNOW, TO THE EXTENT THAT YOU'VE FINISH AND I STILL FIND IT INAPPROPRIATE, I WOULD ASK MY COLLEAGUES FOR CONSENSUS TO NOT DISCUSS THIS ITEM FURTHER. THANK YOU SO MUCH.
>> YES, VICE MAYOR, I KNOW YOU THINK YOU RUN THIS WHOLE CAPACITY, SO YOU WILL LET ME FINISH.
>> YOU DO AND YOU WOULD LIKE TO BE THREATENING IN YOUR PROCESS AS YOU THINK YOU ARE BEING SLICK.
>> VICE MAYOR ACTUALLY, I'M NOT EVEN GOING TO ASK THEM. WELL, LET ME FINISH.
I'M GOING TO FINISH AND THAT IS IT.
OUR CITY THIS IS NOT A TYPICAL MEL ITEM.
THIS IS A FACT OF MATTER THAT THERE WERE NO QUESTIONS ASKED AND THERE WAS A CITY ATTORNEY HIRED.
THERE ARE QUESTIONS THAT NORMALLY ARE ASKED OF CITY ATTORNEYS OR CITY MANAGERS THAT THE PUBLIC HAS A RIGHT TO KNOW AND US, AS A COMMISSION, HAVE THE RIGHT TO KNOW.
THIS IS NOT JUST FOR ME TO ASK QUESTIONS OF OUR NEW CITY ATTORNEY FOR CLARIFICATIONS THAT WE MAY HAVE, IT IS FOR EVERYBODY ON THIS DAY IS TO ASK QUESTIONS OF OUR CITY ATTORNEY THAT THEY MAY HAVE.
NOW THAT THEY HAVE READ BECAUSE IN THE BACKUP, YOU HAVE THE CONTRACT, YOU HAVE THE CHARTER.
IF YOU'VE READ NOTHING ELSE OUT OF THE ITEMS, THAT IS THE PURPOSE FOR THIS.
IF THERE ARE QUESTIONS TO UNDERSTAND THE REPRESENTATION THAT WE ARE TO RECEIVE BY HANDS-ON NAUGHT AND HIS LAW FIRM OUGHT NOT LAW.
THIS IS A TIME TO BE ABLE TO DO SO BECAUSE WE DID NOT DO THAT WHEN WE HIRED OUR ATTORNEY.
WE HAVE A FIDUCIARY RESPONSIBILITY TO ASK THESE QUESTIONS AND NOT JUST LET IT BE BECAUSE SOMEBODY DOESN'T WANT US TO ASK QUESTIONS.
THESE ARE NOT MEANT FOR DEMEANING, BUT WE HAVE THE RIGHT TO KNOW ANSWERS TO QUESTIONS.
AT THIS POINT, IS THERE ANYBODY ELSE ON THE COMMISSION THAT MIGHT HAVE ANY QUESTIONS THAT HAVE ARISEN WHEN YOU HAVE READ THE CONTRACT, READ THE CHARTER, WE NOW HAVE A NEW ATTORNEY.
IS THERE ANYTHING THAT YOU WOULD LIKE TO ASK THE CITY ATTORNEY?
>> I JUST HAVE A POINT OF ORDER.
IT'S 11:20 I'D LIKE TO EXTEND THIS MEETING UNTIL YOUR ITEM IS FINISHED.
>> I APPRECIATE MY ITEM IS NOT GOING TO BE THAT LONG, SO I WOULD APPRECIATE THAT EXTENSION. COMMISSIONER WRIGHT? CONFIRMATION OR NO?
[04:05:02]
SEEKING TO EXTEND THE MEETING TO FINISH THIS ITEM?>> THANK YOU. YES FOR COMMISSIONER VILLALOBOS? YES FOR MYSELF, COMMISSIONER DANIEL? NO FROM COMMISSIONER DANIEL AND NO SO IT DOES NOT MATTER, BUT I'M GIVING YOU THE COURTESY OF THE ASK.
YOU'RE VERY WELCOME SO DID YOU HAVE ANY OTHER QUESTIONS OR NO? COMMISSIONER MIKE, DO YOU HAVE ANY QUESTIONS? COMMISSIONER DANIEL? COMMISSIONER BOLTON, DO YOU HAVE ANY QUESTIONS OF CITY ATTORNEY?
>> I THOUGHT WE WERE VOTING TO EXTEND THE MEETING.
WE'RE VOTING TO QUESTION THE CITY ATTORNEY?
>> NO. WE EXTENDED THE MEETING AND NOW WE'RE FINISHING THE ITEM.
SOME OF US HAVE QUESTIONS TO ASK THE CITY ATTORNEY.
>> BUT DON'T WE HAVE TO VOTE ON WHETHER WE WANT TO ASK THE CITY ATTORNEY QUESTIONS?
>> NO. THIS IS THE ITEM THAT'S ON THE AGENDA.
THIS IS MY ITEM THAT'S BEEN BACKED UP TO ASK AND THEN I WAS ASKING YOU IF YOU HAD A QUESTION.
THIS IS AN ITEM, DOES ANYBODY HAVE QUESTIONS FOR THE CITY ATTORNEY?
>> BUT I THOUGHT WE VOTE ON THIS ITEM.
I THOUGHT WE HAD TO VOTE IF THERE'S QUESTIONS FOR CITY ATTORNEY I THOUGHT WE AS A GROUP, HAD TO VOTE IF THERE ARE QUESTIONS FOR THE CITY ATTORNEY.
>> ISN'T THAT WHAT 10E IS SAYING, THAT'S THE WAY I INTERPRET IT.
>> HOW I UNDERSTAND IT, MAYOR AND MAYBE I CAN CLARIFY FOR THE COMMISSIONER IS BECAUSE THIS IS THE OTHER SECTION AND IT IS DISCUSSION ONLY AND NOT VOTING ITEMS.
>> QUESTIONS TO THE CITY ATTORNEY. QUESTIONS.
>> IF WE DO NOT THINK THAT THIS ITEM IS APPROPRIATE, THEN THE COURSE OF ACTION IS JUST TO ASK FOR CONSENSUS TO REMOVE IT FROM THE AGENDA.
>> THAT IS COMMISSIONER BOLTON TRYING TO ADD HIS TWIST ON IT VERSUS WHAT IT WAS.
>> COMMISSIONER WRIGHT WAS ASKING ABOUT PAGERS FOR 10.
ITEM NUMBER 10 IS AN OPPORTUNITY FOR US TO HAVE ITEMS THAT ARE WORKSHOP ITEMS. NORMALLY THEY ARE NOT A MOTION STRAIGHT FROM HERE.
IF THERE IS SOMETHING TO PUT IT FORTH.
THERE IS PRESUMPTION THAT PEOPLE ARE ALL PRICKLY ABOUT THINKING THAT THERE'S NEGATIVITY.
THERE'S SIMPLE QUESTIONS THAT SOME OF US WANT TO ASK AND IT WAS GIVING AN OPPORTUNITY TO ANYBODY ELSE IN THE DAIS, WE PUBLICLY TO ASK THE CITY ATTORNEY ANY QUESTIONS YOU MAY HAVE REGARDING THE CONTRACT OR THE CHARTER.
THE ITEMS THAT I'VE PUT IN THE BACKUP, THINGS THAT WERE NOT GIVEN TO THIS COMMISSION TO REVIEW PRIOR TO HIRING THE CITY ATTORNEY SO YOU MAY HAVE A QUESTION AND THAT IS WHAT THIS IS ABOUT.
>> I THOUGHT WE WERE VOTING WHETHER OR NOT TO ASK THE CITY ATTORNEY QUESTIONS, WHICH I VOTE NO.
IN TERMS OF ASKING THE CITY ATTORNEY QUESTIONS.
>> YOU'RE BASICALLY GOING BACK TO [INAUDIBLE] AND SAYING THAT NO, I SHOULDN'T ASK THE CITY ATTORNEY QUESTION.
>> NO. THAT'S 10E THAT'S THE WAY I INTERPRET IT.
10E. ISN'T 10E WHAT WE'RE DISCUSSING QUESTIONS FOR THE CITY ATTORNEY AND IT SAYS THAT I VOTE FIRST.
IF THERE'S QUESTIONS FOR THE CITY ATTORNEY.
>> I WAS JUST ASKING IF YOU HAD QUESTIONS.
>> OH, NO. I DON'T HAVE ANY QUESTIONS.
I THOUGHT WE WERE ABOUT TO VOTE ON THE AGENDA.
>> OH, NO THERE'S NO QUESTIONS THAT I HAVE.
>> THAT'S ALL I WAS ASKING. IF YOU HAVE QUESTIONS. THANK YOU.
CITY ATTORNEY, A FEW BASIC QUESTIONS FOR PEOPLE TO KNOW MORE ABOUT YOUR FIRM, SINCE SOME OF US MAY KNOW, SOME OF US DON'T.
WHEN YOU FIRST STARTED WITH THIS FIRM, IT WAS JUST YOURSELF AND THEN YOU BROUGHT ON MS. RYAN.
PLEASE LET US KNOW WHO ELSE YOU HAVE IN YOUR FIRM WHO WILL BE WORKING WITH THE CITY? IS THAT OFFENSIVE COMMISSIONER BOLTON I DON'T THINK SO.
>> ACTUALLY MADAM MAYOR IT IS BECAUSE WE HAVE ALREADY, AS A BODY HIRED A CITY ATTORNEY.
>> I'M NOT LOOKING TO FIRE HIM.
IT'S NOT FOR YOU TO PROTECT HIM.
>> MAYOR, I'M ASKING YOU TO PLEASE BE PROFESSIONAL SO I CAN FINISH MY COMMENTARY [OVERLAPPING]
>> MAYOR, WE HAVE ALREADY HIRED A CITY ATTORNEY.
THIS BODY HAS ALREADY AGREED THAT THE OTTINOT FIRM IS OUR ATTORNEY.
TO THE EXTENT THAT YOU ARE ASKING MR. OTTINOT THESE QUESTIONS SEEMS AS IF YOU'RE RE-INTERVIEWING MR. OTTINOT AND I DO NOT THINK THAT THAT IS PROFESSIONAL.
I DO NOT THINK IT IS APPROPRIATE [OVERLAPPING]
>> JUST A SECOND. I'M GOING TO DO MY OWN.
VICE MAYOR BOLTON, THIS IS NOT YOUR CALL AND YOU KNOW WHAT? IT IS NOT RE-INTERVIEWING THE OTTINOT LAW FIRM WHEN THE OTTINOT LAW FIRM HAD NOT BEEN INTERVIEWED BY THIS DAIS, BY THIS BODY.
[04:10:05]
I THINK IT IS OUR OBLIGATION TO ASK A FEW QUESTIONS AND YOU KNOW WHAT? IT SHOULDN'T BE A HARDSHIP FOR OUR CITY ATTORNEY TO ANSWER A FEW QUESTIONS ABOUT HOW THEIR FIRM OPERATES.WHO ELSE DO THEY REPRESENT? PLEASE EXPLAIN TO US WHAT A $50,000 BUDGET ITEM IS, WHAT'S CONSIDERED ALL OUR CART WHAT WE CAN BE EXPECTING TO MAKE SURE THAT WE'RE ALL AWARE THAT WHAT THINGS ARE NOT IN YOUR PURVIEW THAT ARE GOING TO COME BACK TO US FOR US TO HIRE OTHER ATTORNEYS TO ASSIST.
THESE ARE BASIC QUESTIONS THAT WE ALL HAVE THE RIGHT TO ASK OUR CITY ATTORNEY SO WE CAN HAVE SOME KNOWLEDGE. GO AHEAD COMMISSIONER.
>> ANYBODY ASKING QUESTIONS. BUT I RECALL AT LEAST WHAT I AGREED TO WAS IT WOULD BE THE EXACT SAME CONTRACT THAT WE GAVE TO THIS PREVIOUS ATTORNEY SO WHATEVER WE GAVE THE PREVIOUS ATTORNEY IS WHAT WE GAVE HIM.
WE DIDN'T GIVE HIM ANY MORE ANY LESS.
>> BUT COMMISSIONER DANIEL, THERE'S ALSO PART OF THE PROBLEM IS THE LAST TIME [OVERLAPPING]
>> LAST ATTORNEY COST US MORE BECAUSE WE HAD TO HIRE A DIFFERENT LAW FIRM TO CONDUCT CERTAIN THINGS SO WE ACTUALLY SPENT MORE MONEY THAN THIS 50,000 OR WHATEVER YOU'RE TALKING.
>> CORRECT AND ACTUALLY THE SAME DID OCCUR BY THE OTTINOT LAW FIRM.
WHEN THE OTTINOT LAW FIRM CAME ON BOARD INSTEAD OF THE FLAT RATE 50 IT WENT UP TO 60.
THERE'RE CERTAIN QUESTIONS I JUST WOULD LIKE TO BE ABLE TO HAVE US UNDERSTAND WITHOUT GOING BACK INTO THE PAST IN THAT RESPECT, BUT ALSO TO MAKE SURE THAT THERE IS AN UNDERSTANDING ON THIS COMMISSION AND WITH OUR NEW CITY ATTORNEYS, A PROBLEM THAT VICE MAYOR VILLALOBOS HAD BROUGHT UP.
THERE WERE PLENTY OF THINGS PUT ON THE DAIS IN A FINAL FORM RESOLUTION OR ORDINANCE THAT WAS NOT APPROVED BY THE COMMISSION.
MR. OTTINOT'S FIRM HAS SIGNED A CONTRACT.
IF YOU GO THROUGH OUR CHARTER, 4.01 AND 11.01, AND THEIR CONTRACT, SECTION 3 AND SECTION 13.
THE ONLY CLIENT FOR THE CITY ATTORNEY IN CITY OF TAMARAC IS THIS COLLEGIAL BODY.
THEREFORE, NO ONE ON THIS COMMISSION SHOULD BE EXPECTING THE CITY ATTORNEY TO WRITE ANY ORDINANCES, DRAFT ANY RESOLUTIONS, AND PUT THEM ON THE DAIS AND YOU'RE GIVING ME A LOOK LIKE, I GOT TO BE KIDDING, BUT I'M TELLING YOU THIS HAS HAPPENED, WHICH IS WHY I WANT TO MAKE SURE THAT IT IS UNDERSTOOD BY OUR NEW LAW FIRM.
STARTING ON A NEW PATH THAT THE STUFF THAT HAPPENED IN THE PAST IS NOT GOING TO BE GOING FORWARD IN THE FUTURE.
ALSO, WHEN THEY FIRST REHIRED, WE DID NOT KNOW YOU WERE GOING TO BE DOING WORK FOR NORTH MIAMI BEACH.
YOU ARE WORKING FOR ANOTHER FIRM, YOU WERE A SMALLER FIRM, YOU ALWAYS KNEW WHEN I INTERVIEWED YOU MY CONCERNS ABOUT A BOUTIQUE LAW FIRM, AND WE ARE A LARGE CITY AND WE WERE USED TO HAVING 13 PEOPLE AT DISPOSAL.
YOU HAVE HIRED SOME NEW PEOPLE, SO BRAG ABOUT YOUR LAW FIRM AND TELL US A LITTLE BIT MORE SO WE KNOW WHO ELSE WILL BE HERE IF THEY WILL BE HERE.
WE ALSO KNOW THE EXPECTATION LEVEL WHEN YOU'RE REPRESENTING ANOTHER CITY.
IS THERE AN EXPECTATION FOR YOU TO REPRESENT A THIRD CITY? HOW MANY PEOPLE ARE IN YOUR BUSINESS TO BE ABLE TO DO SO? WE HAVE THE RIGHT TO KNOW THAT WE ARE BEING REPRESENTED, AND WE HAVE THE ACCESS TO OUR ATTORNEYS BECAUSE BELIEVE IT OR NOT, YOU'RE GOING TO NEED THEM.
YOU MIGHT HAVE A SAFE HARBOR OPINION, AND THERE ARE THINGS THAT COME LIKE THIS AND THESE ARE QUESTIONS THAT NORMALLY WOULD HAVE BEEN ASKED DURING AN INTERVIEW PROCESS.
I'M SORRY THAT IT IS SEEMINGLY OFFENSIVE TO SOME PEOPLE ON THE DAY IS, THESE QUESTIONS ARE BEING ASKED.
BUT I REALLY SHOULD HOPE THAT THE PROFESSIONALS THAT I AM LOOKING AT RIGHT NOW, MR. [INAUDIBLE], MS. RYAN, THEY ARE ATTORNEYS, AND THEY UNDERSTAND THE INTERVIEW PROCESS AND THEY UNDERSTAND THE CONCERNS THAT OUR PUBLIC MIGHT HAVE WITH NOT HAVING CERTAIN QUESTIONS ANSWERED.
THAT WAS THE PURPOSE OF THIS ITEM.
>> ABSOLUTELY, ANSWER THE QUESTION, BUT BE FAIR AND CLEAR BECAUSE THE LAST FIRM WE HAD ONLY HAD ONE PERSON.
THEY DIDN'T HAVE OTHER PEOPLE AVAILABLE.
>> BUT DR. DANIEL, THERE WAS A REASON WHY I HAD AN ITEM ON THE AGENDA.
>> I'M JUST SAYING SO THAT IT DOESN'T SEEM LIKE, YOU KNOW WHAT I MEAN.
>> DR. DANIEL, ONE OF THE THINGS FROM THE HISTORY THAT YOU MAY NOT BE AWARE OF, I WAS SUPPORTIVE OF THE OTTINOT LAW FIRM FORM WHEN THEY WERE
[04:15:01]
GOING TO BE INTERIM BECAUSE I DO THINK THAT THEY'RE VERY INTELLIGENT, BUT THEY WERE INTERIM.THIS DIDN'T GO INTERIM, AND THEN THEY TURNED [OVERLAPPING] THAT WAS AN OPTION.
BUT THAT WASN'T GIVING THEM AN OPTION TO TELL US ABOUT BEING INTERIM.
THE MATTER IS ACTUALLY, UNTIL SOME OF US LEARNED THROUGH THE INTERVIEW PROCESS AND THEN RECEIVING THE OTHER ATTORNEY, WE DID NOT KNOW THERE WASN'T A DEEPER BENCH.
YOU WANT TO TALK ABOUT FAIRNESS? MY FAIRNESS IS I WAS NOT PLEASED WITH FOX ROTHSCHILD AND THE FACT THAT WE DID NOT HAVE A DEEPER BENCH.
>> OKAY, SO WE'RE ON THE SAME PAGE.
>> YES, I JUST WANT TO HEAR FROM OUR CITY ATTORNEY.
I THINK OUR PUBLIC HAS EVERY RIGHT TO HEAR FROM OUR CITY ATTORNEY TO KNOW THAT THEY ARE ON BOARD WITH HOW THIS CITY OPERATES, UNDERSTAND SOME OF THE CONCERNS AND THAT THEY WILL BE TRANSPARENT AND OPERATE IN THE MANNER IN WHICH WE BELIEVE THAT THEY WILL BE ABLE TO DO SO.
I DON'T THINK THAT'S TOO HARD, IS IT? I'M NOT ASKING YOU, I'M ACTUALLY LOOKING AT THE CITY ATTORNEY.
>> MADAM MAYOR, POINT OF ORDER.
>> NO, I'M ASKING THE CITY ATTORNEY.
CITY ATTORNEY, I'M TALKING WITH YOU.
>> ATTORNEY, LET ME ANSWER THE QUESTION BECAUSE I [OVERLAPPING].
>> THIS RIGHT NOW IS WHAT THE PROBLEM IS.
THIS IS WHAT THE PROBLEM IS, CITY ATTORNEY, YOU DON'T JUST WORK FOR COMMISSIONER BOLTON, YOU WORK FOR THE CITY COMMISSION.
THIS IS A PUBLIC MEETING AND YOU'VE BEEN ASKED A QUESTION THAT IS TO BE RESPONSIVE TO THIS COMMISSION.
>> MADAM MAYOR, FIRST OF ALL, I'M ALLOWING YOU IN THE MEMBERS' COMMISSION TO DIALOGUE.
OBVIOUSLY, FIRST OF ALL, I APPRECIATE THE KIND WORDS FROM COMMISSIONER VILLALOBOS TO WELCOME US BACK HERE TO TAMARAC IS A BLESSING THAT WE ARE HERE.
WITH RESPECT TO THE FACT THAT WE'VE BEEN HIRED ON DECEMBER 15TH AND YOU CAN ASK YOUR OWN STAFF, WE'VE BEEN HERE EVERY DAY PHYSICALLY, PROVIDING SERVICES TO THE CITY MANAGER AND HIS OR HER STAFF.
WITH RESPECT TO OUR SCOPE OF SERVICES, WE PROVIDE ALL THE SERVICES THAT A MUNICIPALITY REQUIRES.
MY PARTNER, PAMELA WYATT, AND MYSELF HAVE OVER 50 OR 40 YEARS OF EXPERIENCED LOCAL GOVERNMENT.
I SERVE AS CITY ATTORNEY WITH CITY OF SUNNY BEACH FOR 14 YEARS.
PAMELA WYATT SERVED AS CITY ATTORNEY OF RIVIERA BEACH FOR OVER 15 YEARS.
WE BOTH HAVE SERVED WITH A SANTA BARBARA COUNTY, AND LOWER GOVERNMENT SECTION, I WAS THE PRESIDENT OF THAT SECTION.
PAMELA WYATT HAS CERTIFIED AND LOCAL GOVERNMENT LAW BY THAT SECTION, I HAVE BEEN DESIGNATED IN MY 15 OR 20 YEARS CAREER AT TOTAL, AS WHEN OF THE TOP GOVERNMENT LAWYERS IN THE STATE OF FLORIDA.
I HAVE CREATED A MUNICIPALITY, CITY OF MIAMI GARDENS WAS A CITY THAT I FOUNDED WITH THE FOUNDERS.
I HAVE SERVED NUMEROUS MUNICIPALITIES.
ANOTHER OUTLAW IS A FULL-SERVICE BOUTIQUE FARM THAT PROVIDES THAT ONLY GOVERNMENT SERVICES, BUT ALSO TO PRIVATE SECTOR.
WE ARE HERE TO SERVE, WE'RE BLESSED TO RETURN.
WE UNDERSTAND HOW GOVERNMENT OPERATES, IT'S NOT ONE INDIVIDUAL, IS A COMMISSION, AND THE COMMISSION RULES BY MAJORITY.
WHEN THERE'S A VOTE, EVEN IF I HAVE A DISAGREEMENT WITH, I HAVE TO REPRESENT THE CITY NO MATTER WHAT.
THE COMMISSION VOTES ON MATTERS, AND ALSO STAFF TO THAT, IS TO IMPLEMENT.
WE DON'T MAKE POLICIES, WE IMPLEMENT POLICY DECISIONS.
WE RESPECT TO OUR CAPABILITY, NOT TO BRAG, I'M NOT SOMEONE WHO BRAGS ABOUT OUR SKILLS, BUT WE'RE VERY GOOD AT THIS AND VERY CONFIDENT IN OUR ABILITIES.
I'M GRATEFUL I LIVE FIVE MINUTES FROM HERE IN COIL SPRINGS.
I DRIVE THROUGH TAMARAC EVERY DAY, TAKING MY SON TO SCHOOL, SO I KNOW THE CITY VERY WELL.
WE'RE HERE TO SERVE, WE'RE HERE TO HELP, AND I THINK YOU CAN TELL ANY MEMBER OF THE STAFF IF THEY TRY TO REACH OUR TEAM.
[04:20:01]
WE HAVE A TEAM OF LAWYERS, NOT JUST PAMELA WYATT AND MYSELF.WE HAVE A STATE WHERE IT WAS EMPTY.
JOSEPH WHO WAS PART OF THE TEAM.
WE HAVE REGIME MODESTY, WHO HAS SERVED AS CITY ATTORNEY OF NEWER CITIES AND SOUTH FLORIDA.
WE HAVE REAL ESTATE COUNCIL AGENDA FOR 11, SO WE HAVE A TEAM, AND THE CITY MANAGER AND THE STAFF KNOW WHEN THEY NEED HELP WITH ANY AREA, ALL OF US SPECIALIZE IN EVERY SINGLE AREA AND LOCAL GOVERNMENT SERVICES, BUT WE SHARE RESPONSIBILITIES.
OBVIOUSLY, WHEN THIS COMMISSION IS DIALOGUE, I WILL INTERVENE WHEN I NEED TO BUT WITH RESPECT, I THANK YOU FOR GIVING US THE OPPORTUNITY WHEN WE FIRST APPLY HERE TO BE SITTING ATTORNEYS.
IT WAS AN OPPORTUNITY THE CITY OF TAMARAC, I'M ALWAYS GOING TO BE GRATEFUL.
PAM AND I WILL ALWAYS BE GRATEFUL.
IN FACT, IF YOU RECALL, PAM WAS WORKING WITH A COMPETITIVE LAW FIRM.
>> SHE REALIZED THAT I WAS A BETTER PARTNER, CORRECT? WE'VE BEEN A GREAT TEAM, AND WE BELIEVE IN SERVICE.
WE'RE VERY HUMBLED, AND WE WILL OBVIOUSLY PROVIDE THE SERVICE THAT THIS CITY NEEDS.
WE WILL SERVE, WHICH IS THE ULTIMATE CLIENT, AND THIS IS FROM DAY ONE WHEN I BECAME A LOCAL GOVERNMENT, THE ULTIMATE CLIENT IS A RESIDENCE OF TAMARAC THROUGH THIS COMMISSION, AND THAT'S WHO WE SERVE.
THANK YOU FOR OFFERING ME TO SPEAK.
>> THANK YOU. I HOPE YOU DON'T THINK THAT THOSE QUESTIONS WERE TOO HARD TO ANSWER.
THE FACT OF THE MATTER IS PEOPLE WHO ARE HERE, MAY NOT HAVE BEEN HERE IN THE PAST TO KNOW WHO YOU ARE.
NOW, YOU DID MENTION REPRESENTATIVE JOSEPH.
I DO HAVE A QUESTION ABOUT REPRESENTATIVE JOSEPH AND JUST I'M SURE YOU'VE ALREADY LOOKED INTO THIS, BUT I JUST WOULD LIKE TO KNOW, DO WE HAVE ANY CONFLICT OF INTERESTS WITH REPRESENTATIVE JOSEPH WORKING ON ANYTHING FOR THE CITY IN HER CAPACITY AS BEING REPRESENTATIVE, AND FOR VOTING FOR THINGS THAT HOPEFULLY WILL HELP OUR CITY GO FORWARD.
>> THERE'S NO LEGAL CONFLICT, OBVIOUSLY REPRESENTATIVE JOSEPH IS EMPLOYMENT LAW EXPERT WITHIN THE FIRM.
SHE REPRESENTS OBVIOUSLY A DISTRICT IN MIAMI-DADE COUNTY.
THERE'S NO LEGAL CONFLICT BETWEEN HER RESPONSIBILITY AS A REPRESENTATIVE.
>> THANK YOU FOR PUTTING THAT CLARIFICATION ON THE RECORD.
THAT'S ALL THE PURPOSE OF THIS ITEM WAS, IS FOR CLARIFICATION ON THE RECORD FOR CERTAIN THINGS THAT WE KNOW MIGHT BE SOME ISSUES, AND NOW THAT WE KNOW THAT THEY'RE NOT. DO YOU HAVE ANY QUESTIONS?
>> I DID, BUT I'LL WRAP THEM UP IN MY COMMENTARY SO IT'S QUITE FINE.
>> WELL, THERE IS SOMETHING THAT I'VE ACTUALLY NEVER UNDERSTOOD FOR ANY OF OUR ATTORNEYS, AND SO MAYBE YOU CAN HELP ME UNDERSTAND IT.
WE HAVE THE FLAT FEE SERVICE, RIGHT AT THE $50,000.
THAT'S IN THE SCOPE ON PARAGRAPH B, BUT ALL THESE THINGS ARE LISTED IN A.
THOSE ARE THE SERVICES THAT WE'RE GETTING FOR THE 50,000 THAT'S A FLAT FEE FOR THE MONTH, AND THEN ANYTHING THAT IS IN LITIGATION, THAT IS WHEN IT GOES BILLING OUT AT 265 BLENDED RATE, CAN YOU JUST HELP CLARIFY THE BILLING PROCESS? BECAUSE AND AGAIN, I'M NOT TRYING TO BRING ANYTHING OLD UP AS WOUNDS, BUT IF WE ONLY SAW A FEW THINGS, IT'S A GENERAL BILLING, HOW DID A $50,000 GET TO BE $60,000? JUST INSTEAD OF HAVING TO GO BACKWARDS, CAN YOU PLEASE JUST EXPLAIN YOUR BILLING PROCESS?
>> MA'AM I JUST WANTED TO CORRECT A FACTUAL RECORD.
MY PREDECESSOR FIRM, WHEN I CAME HERE THE FIRST TIME, IT WAS STRAIGHT BILLABLE.
IT WAS BILLABLE EVERYTHING, EVEN ATTENDING MEETINGS TONIGHT, THE CITY COMMISSION.
THERE WAS NO GARLAND FIRM, WAS BASED ON BILLABLE.
WHEN WE TOOK OVER FROM HIS FIRM, WE BASICALLY ACCEPTED HIS CONTRACT WAS BILLABLE, SO THERE WAS THE FLAT FEE CAME ABOUT WHEN THIS COMMISSION OR THE FORMER COMMISSION BOUGHT JOHN HERRON FIRM WHILE IT WAS AGREEMENT FOR CERTAIN SCOPE OF SERVICE, IT WAS A FLAT FEE OF 50,000 A MONTH AND SERVING SERVICES, MITIGATION,
[04:25:02]
REAL ESTATE, ENTERPRISE FUND, AND SOME OTHER ASPECT ON THE CURRENT CONTRACT, THAT'S BILLABLE.>> YOU JUST SAID YOU HAD AN ATTORNEY WITH YOUR FIRM THAT DEALS WITH REAL ESTATE, SO IS THAT STILL CONSIDERED OUTSIDE OF IT VERSUS BEING ON THE SCOPE OF A?
>> REMEMBER THE REAL ESTATE ISSUES, MYSELF I'LL ALSO DO IS HANDLED IN I WOULD SAY USING A AND B, UNDER THE CURRENT CONTRACT THAT WAS BASICALLY TO INHERIT CONTRACT.
REAL ESTATE TRANSACTIONS IS BILLABLE.
>> WHAT ABOUT FORECLOSURES? IS THAT CONSIDERED A REAL ESTATE TRANSACTION?
>> BUT IS IT LITIGATION OR IS IT ACTUALLY JUST A SERVICE OF DOING FILING AN ANSWER AND BEING DONE AND BEING UNDER REGULAR SERVICES?
>> MOST FORECLOSURE AND TO BE VERY CANDID, THOSE CASES LINK COLLECTION.
YOU WILL NOT FIND, MAJOR BILLABLE ON THOSE CASES BECAUSE WE ARE MONITORING IT.
IT DEPENDS ON OBVIOUSLY, THE DOCKET ENTRIES INVOLVED IN THE PARTIES, BUT THOSE CASES ARE NOT MAJOR LITIGATION THERE.
>> I'M GLAD TO HEAR YOU SAY THAT BECAUSE YES, I KNOW QUITE WELL AND WE'RE GETTING MORE OF THEM, SO THEY'RE COMING YOUR WAY.
I GOT SERVED BY A COUPLE YESTERDAY.
>> THANK YOU VERY MUCH. WE HAVE A FLAT FEE FOR THE SERVICES.
IT'S GOING TO BE CLEAR ON YOUR BILLING AND YOU'LL HAVE THE DETAILED ITEMS FOR US TO KNOW FOR WHEN IT'S GOING TO BE HIGHER, AND THEN WHEN IT'S ANYTHING THAT IS OUTSOURCED BY YOUR FIRM, YOU WILL BE COMING TO US FOR DISCUSSION.
>> WE WILL BE CONSISTENT WHATEVER JOHN HERRON FILE, WE WILL BE CONSISTENT WITH.
[10.f Discussion and possible motion to require all items under “Other” to have backup information.]
>> I JUST WANT TO MAKE SURE THAT COMMISSIONER WRIGHT AND COMMISSIONER DANIEL UNDERSTAND THAT WHEN WE PUT AN ITEM ON OTHER AS A PRESENTER, ESPECIALLY IF IT DOES NOT HAVE A DISCUSSION OR POSSIBLE MOTION, THAT THAT PRESENTER HAS THE FLOOR.
>> MAYOR WE HAVE PASSED POINT OF FLORIDA.
>> VICE MAYOR, WHEN YOU DON'T LIKE WHAT'S BEING SAID, YOU WANT TO CUT THE CONVERSATION, [OVERLAPPING] COMMISSIONER VILLALOBOS HAD ASKED FOR COMMENT, HE IS GOING TO FINISH. [OVERLAPPING]
>> WHEN YOU COME BACK TO POINT OF ORDER.
>> MAYOR, I AM ASKING FOR THE LAST TIME TO PLEASE BE PROFESSIONAL. [OVERLAPPING]
>> I HAD A POINT OF ORDER PRIOR TO YOU.
>> WE HAVE PASSED [OVERLAPPING]
>> I HAD A POINT OF ORDER PRIOR TO YOU.
>> HE'S GOING FINISH HIS COMMENTS, AND SO WE CAN BE DONE.
THIS ONLY EXTENDS THE EVENING FURTHER, LET HIM [OVERLAPPING] FINISH HIS COMMENTS.
>> WE ARE DONE. HE'S TALKING ABOUT WITHIN MY ITEM, HE'S CLARIFYING AN ITEM.
HE HAS AN ITEM ON THE AGENDA AS WELL THAT HE WAS CLARIFYING THROUGH THIS.
LET HIM FINISH. IT WILL NOT KILL YOU.
PLEASE PROCEED, COMMISSIONER VILLALOBOS.
>> AGAIN, I JUST WANT TO MAKE SURE THAT COMMISSIONER DANIEL AND COMMISSIONER WRIGHT UNDERSTAND THAT WHEN YOU'RE THE PRESENTER, WE DON'T INTERRUPT.
WE DON'T QUESTION ANYTHING, ESPECIALLY IF IT DOES NOT SAY DISCUSSION OR POSSIBLE MOTION.
MAYOR'S ITEM WAS QUESTIONS FOR THE CITY ATTORNEY.
THAT MEANS THAT NONE OF US SHOULD HAVE INTERRUPTED, BECAUSE IT'S HER ITEM DIRECTLY TO ONE PERSON ON THE CHARTER.
I JUST WANTED TO JUST REMIND YOU GUYS THAT IF YOU'RE THE PRESENTER AND YOU'RE NOT SEEKING A MOTION OR A DISCUSSION, WE SHOULD NOT BE INTERRUPTING.
THERE WAS A LOT OF INTERRUPTION ON THIS PARTICULAR ITEM AGAINST THE MAYOR INTENTIONALLY BY VICE MAYOR TRYING TO BLOCK THE MAYOR FROM QUESTIONING THE CITY ATTORNEY, WHICH SHE HAS ALL RIGHT TO DO SO AS WAS ALL OF US.
THAT'S ALL I WANTED TO MAKE SURE.
>> THANK YOU. IT IS NOW 11: 44, ALL ITEMS THAT WERE ON THE AGENDA HAVE BEEN HEARD.
THANK YOU FOR STAYING, GET HOME SAFELY AND WE LOOK FORWARD TO SEEING YOU AT THE MLK WALK ON MONDAY MORNING. THANK YOU.
[NOISE] IF YOU COULDN'T TELL THAT'S OFFICIALLY SAYING MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.