Oct 14, 2024 Regular

I NEED A MOTION AND A SECOND.

THANK YOU VERY MUCH.

SO MOVED. SECOND.

SECOND. SO I'VE GOT A MOTION BY COMMISSIONER VILLALOBOS.

A SECOND BY VICE MAYOR WRIGHT.

A FULL PRESENTATION WAS GIVEN ON THIS ITEM AT THE WORKSHOP ON MONDAY, OCTOBER 7TH.

AND MISS CALLOWAY, OUR DEPUTY CITY MANAGER, IS AVAILABLE TO ANSWER ANY QUESTIONS.

IS THERE ANY DISCUSSION ON THIS ITEM? SO, LADIES AND GENTLEMEN WE DISCUSSED THIS THOROUGHLY AS THERE'S NO PUBLIC COMMENTS ON AN ITEM ON FIRST READING.

IF YOU COME BACK NEXT WEEK.

RIGHT. WE DON'T HAVE TO WAIT FOR TWO WEEKS BECAUSE OF THE.

MAYOR GOMEZ. WE HAVE TO WAIT UNTIL THE FIRST MEETING IN NOVEMBER DUE TO OUR CODE THAT SAYS WE NEED TEN DAYS TO ADVERTISE OUR ORDINANCES ON SECOND READING.

OKAY, THAT'S WHAT IT WAS. THANK YOU.

THANK YOU TO OUR CITY CLERK.

SO THIS WILL BE AT OUR OCTOBER 7TH MEETING.

7TH OF NOVEMBER. NOVEMBER I'M GOING BACK IN TIME.

NO THANK YOU.

SO WE'LL BE AT OUR FIRST MEETING IN NOVEMBER.

SINCE THERE'S NO COMMENTS OR QUESTIONS.

MAYOR GOMEZ. YES.

COMMISSIONER BOLTON.

THANK YOU. NEXT ITEM IS 6B TO2565.

MOTION PASSES 5 TO 0.

[6.b TO2565 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 2 of the city's Code of Ordinances, entitled "Administration", specifically amending Section 2-34, to schedule the State of the City Address to the first regular City Commission Meeting in March of each year; providing for codification; providing for conflicts; providing for severability; providing for an effective date.]

CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA.

AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION, SPECIFICALLY AMENDING SECTION 2-34 TO SCHEDULE THE STATE OF THE CITY ADDRESS TO THE FIRST REGULAR CITY COMMISSION MEETING IN MARCH OF EACH YEAR.

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

THANK YOU. I NEED A MOTION AND A SECOND.

SO MOVED. SECOND, I HAVE A MOTION BY COMMISSIONER VILLALOBOS.

I HAVE A SECOND BY COMMISSIONER DANIEL.

THIS TOO WAS THOROUGHLY VETTED AT OUR MONDAY, OCTOBER 7TH WORKSHOP.

MISS CALLAWAY, OUR DEPUTY CITY MANAGER, IS AVAILABLE FOR ANY QUESTIONS.

IS THERE ANY DISCUSSION BY THE COMMISSION? SEEING NONE. CITY CLERK, PLEASE CALL THE ROLL.

THANK YOU, MADAM MAYOR. COMMISSIONER DANIEL.

AND THIS WILL BE ON THE NOVEMBER 6TH COMMISSION MEETING.

MOTION PASSES 5 TO 0.

DID I GET IT RIGHT? YES. YEAH. OKAY. THANK YOU.

MEANING SO, BASICALLY, ALL THESE ORDINANCES THAT WE'RE READING IN NUMBER SIX WILL ALL BE NOW HEARD FOR SECOND READING WHERE COMMENTS CAN BE MADE ON NOVEMBER 6TH.

[01:00:05]

SO WE ARE GOING TO 6C TO2570 CITY CLERK PLEASE.

[6.c TO2570 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10, of the City of Tamarac Code of Ordinances, entitled "Land Development Code", amending Article 5, entitled “Administration”, amending Section 10-5.4, entitled “Specific Review Procedures”, by specifically amending Section 10-5.4(M) “Tree Removal License” to reflect the city’s adoption and implementation of its own landscaping and tree preservation ordinance, and Section 10-5.4(P), Table 10-5.3 “Allowable Administrative Adjustments”, to provide for greater administrative relief on certain dimensional or numerical standards of setbacks and perimeter buffer widths , allowing for added flexibility and expediency in the processing of minor deviations or adjustments to these standards; providing for conflicts; providing for severability; providing for codification; and providing for an effective date.]

SORRY. CITY ATTORNEY PLEASE READ THE TITLE FOR THE RECORD.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA.

AMENDING CHAPTER 10 OF THE CITY OF TAMARAC CODE OF ORDINANCES ENTITLED LAND DEVELOPMENT CODE AMENDING ARTICLE FIVE ENTITLED ADMINISTRATION AMENDING SECTION 10-5.4, ENTITLED SPECIFIC REVIEW PROCEDURES BY SPECIFICALLY AMENDING SECTION 10-5.4 M TREE REMOVAL LICENSE TO REFLECT THE CITY'S ADOPTION AND IMPLEMENTATION OF ITS OWN LANDSCAPING AND TREE PRESERVATION ORDINANCE.

AND SECTION 10-5.4 P TABLE 10-5.3 ALLOWED I'M SORRY.

ALLOWABLE ADMINISTRATIVE ADJUSTMENTS TO PROVIDE FOR GREATER ADMINISTRATIVE RELIEF ON CERTAIN DIMENSIONAL OR NUMERICAL STANDARDS OF SETBACKS AND PERIMETER BUFFER WIDTHS, ALLOWING FOR ADDED FLEXIBILITY AND EXPEDIENCY IN THE PROCESSING OF MINOR DEVIATIONS OR ADJUSTMENTS TO THESE STANDARDS.

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

THANK YOU VERY MUCH. I'LL TAKE A MOTION AND A SECOND.

SO MOVED. SECOND, I HAVE VICE MAYOR WRIGHT WITH A MOTION AND I HAVE COMMISSIONER BOLTON WITH A SECOND.

THIS ITEM TWO WAS DISCUSSED AT OUR MONDAY, OCTOBER 7TH WORKSHOP.

AND MISS CALLAWAY, OUR DEPUTY CITY MANAGER, IS AVAILABLE TO ANSWER ANY QUESTIONS.

SEEING NO QUESTIONS, CITY CLERK, PLEASE CALL THE ROLL.

COMMISSIONER BOLTON.

YES. THANK YOU. MOTION PASSES 5 TO 0 AND I HAVE A CORRECTION.

IT'S NOVEMBER 13TH.

THAT WILL BE OUR NEXT COMMISSION MEETING FOR WHERE THESE ITEMS WILL BE DISCUSSED.

MY APOLOGIES.

GOING TO 6D TO2571.

[6.d TO2571 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10, of the City of Tamarac Code of Ordinances, entitled "Land Development Code", amending Article 4, entitled “Development and Design Standards”, amending Section 10-4.2, entitled “Transportation and Connectivity”, by specifically amending Section 10-4.2(B)(4) “Driveways and Access”, to provide for greater flexibility on a certain numerical standard affecting maximum allowable driveway width; providing for conflicts; providing for severability; providing for codification; and providing for an effective date.]

CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA.

AMENDING CHAPTER TEN OF THE CITY OF TAMARAC CODE OF ORDINANCES ENTITLED LAND DEVELOPMENT CODE AMENDING ARTICLE FOUR ENTITLED DEVELOPMENT AND DESIGN STANDARDS.

AMENDING SECTION 10-4.2 ENTITLED TRANSPORTATION AND CONNECTIVITY BY SPECIFICALLY AMENDING SECTION 10- 4.2 B FOR DRIVEWAYS AND ACCESS TO PROVIDE FOR GREATER FLEXIBILITY ON A CERTAIN NUMERICAL STANDARDS AFFECTING MAXIMUM ALLOWABLE DRIVEWAY WIDTH, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE.

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

SO MOVED. SECOND, WE HAVE A MOTION BY VICE MAYOR WRIGHT AND WE HAVE A SECOND BY MYSELF.

FULL PRESENTATION WAS GIVEN AT THE MONDAY, OCTOBER 7TH WORKSHOP.

MISS CALLOWAY IS AVAILABLE FOR ANY UPDATE TO THE CHANGES MADE TO THE ORDINANCE, AS REQUESTED ON MONDAY'S WORKSHOP.

NO. OKAY.

SEEING NO DISCUSSION AND NO QUESTIONS.

CITY ATTORNEY, PLEASE READ THE TITLE OF THE RECORD.

MOTION PASSES 5 TO 0.

THANK YOU. 60 T02572.

[6.e TO2572 - An Ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 16,entitled Pensions and Retirement, Article IX, entitled Elected and Appointed Officers and Non-Represented Employees Retirement Plan; by specifically amending Section 16-908, entitled Compliance with the Internal Revenue Code Excess Benefit Arrangement, to increase the required minimum distribution age from 72 to 73 to comply with the Internal Revenue Code; providing for severability; providing for codification and providing for an effective date.]

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 16 ENTITLED PENSIONS AND RETIREMENT.

ARTICLE NINE ENTITLED ELECTED AND APPOINTED OFFICERS NON-REPRESENTED EMPLOYEES RETIREMENT PLAN BY SPECIFICALLY AMENDING SECTION 16 DASH 908 ENTITLED COMPLIANCE WITH THE INTERNAL REVENUE CODE EXCESS BENEFIT ARRANGEMENT, TO INCREASE THE REQUIRED MINIMUM DISTRIBUTION AGE FROM 72 TO 73.

TO COMPLY WITH THE INTERNAL REVENUE CODE.

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

THANK YOU, MADAM MAYOR. THANK YOU VERY MUCH.

I'LL TAKE A MOTION AND A SECOND, PLEASE.

SO MOVED. SECOND, I HAVE A MOTION BY COMMISSIONER VILLALOBOS AND A SECOND BY COMMISSIONER BOLTON.

THIS TOO WAS DISCUSSED ON MONDAY, OCTOBER 7TH AT THE WORKSHOP.

AND DANIELLE DURGAN, OUR HR DIRECTOR, IS AVAILABLE TO ANSWER ANY QUESTIONS BY THE COMMISSION.

SEEING NONE. CITY CLERK, PLEASE CALL THE ROLL.

YES, COMMISSIONER DANIEL.

YES. THANK YOU. MOTION PASSES 5 TO 0.

CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.

6F TO2573.

[6.f TO2573 - An Ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 16, entitled Pensions and Retirement, Article IX, entitled Elected and Appointed Officers and Non-Represented Employees Retirement Plan; specifically amending Section 16-905(k) entitled "Service Retirement Benefits; Cost of Living adjustment; Disability Retirement" to provide for a Health Insurance Retirement Subsidy; providing for severability; providing for codification and providing for an effective date.]

[01:05:01]

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA.

AMENDING CHAPTER 16 ENTITLED PENSIONS AND RETIREMENT.

ARTICLE 9 ENTITLED ELECTED AND APPOINTED OFFICERS AND NON-REPRESENTED EMPLOYEES RETIREMENT PLAN, SPECIFICALLY AMENDING SECTION 16-905K, ENTITLED SERVICE RETIREMENT BENEFITS.

COST OF LIVING ADJUSTMENT.

DISABILITY RETIREMENT TO PROVIDE FOR A HEALTH INSURANCE RETIREMENT SUBSIDY.

PROVIDING FOR SEVERABILITY.

PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE.

I'LL TAKE A MOTION AND A SECOND, PLEASE.

THANK YOU VERY MUCH.

SO MOVED. I HAVE A MOTION BY COMMISSIONER VILLALOBOS AND A SECOND BY COMMISSIONER DANIEL.

A FULL PRESENTATION OF THIS ITEM TOO, WAS DISCUSSED ON OCTOBER 7TH AT THE WORKSHOP, AND DANIELLE DURGAN, OUR HR DIRECTOR, IS AVAILABLE TO ANSWER ANY QUESTIONS.

COMMISSIONER VILLALOBOS YOUR LIGHT IS LIT.

THANK YOU. MAYOR.

I JUST WANTED TO SEE IF VICE MAYOR WANTED TO DISCUSS WHAT WE TALKED ABOUT.

YEAH. YES. THANKS, COMMISSIONER VILLALOBOS.

YES. I HAVE A FEW QUESTIONS.

GOOD EVENING. DANIELLE DURGAN, DIRECTOR OF HUMAN RESOURCES.

HOW'S IT GOING, DANIELLE? QUESTIONS ARE GOING TO ASK THESE QUESTIONS ON THE ONE AT THE WORKSHOP.

NON-REPRESENTATIVE EMPLOYEES, CAN YOU DEFINE WHO ARE NON-REPRESENTATIVE EMPLOYEES? YES. SO, PER THE ORDINANCE, I'LL GIVE YOU THE EXACT DEFINITION.

NON-REPRESENTED EMPLOYEES ARE DEFINED AS EXECUTIVE, PROFESSIONAL, MANAGERIAL, ADMINISTRATIVE, CONFIDENTIAL, AND ELECTED AND APPOINTED OFFICERS.

SO THE QUESTION I ASKED AT THE LAST MEETING IS IF WE COULD BIFURCATE THE ELECTED AND APPOINTED OFFICERS FROM THE NON-REPRESENTATIVE EMPLOYEES, BECAUSE I DON'T THINK WE SHOULD BE GIVING OURSELVES ADDITIONAL BENEFITS.

I THINK THE STAFF DO AN AMAZING JOB.

AS YOU GUYS MENTIONED, THE BENEFITS ARE TO RECRUIT YOU KNOW, QUALIFIED INDIVIDUALS.

YOU ALSO GIVE A PRESENTATION ON A DIFFERENT CITIES THAT ARE KIND OF IMPLEMENTING THE STRATEGY.

AND DOING MY RESEARCH, I SAW THAT SOME CITIES BIFURCATE THE ELECTED OFFICIAL BENEFITS.

FOR EXAMPLE, THE ELECTED OFFICIALS ARE FRS AND THEN THE MANAGEMENT AND THE REGULAR EMPLOYEES ARE WITH THE CITY'S PENSION.

SO I WAS ASKING THAT QUESTION AND I ASKED YOU THAT CITY MANAGER, IF THAT'S PART OF IT'S IS POSSIBLE.

AND IN GIVING YOUR EXAMPLE YOU WERE SAYING, FOR EXAMPLE, IF COMMISSIONER VILLALOBOS SERVES 12 YEARS AND YOU SAID $20 PER YEAR OF SERVICE, SO IF SOMEONE SERVES 12 YEARS, THAT'S 12 TIMES 20.

AM I CORRECT? YES.

SO WE THE COMMISSIONERS WILL BE GETTING THAT SPECIFIC EXAMPLE.

WE GET $240 PER MONTH FROM 60 UNTIL THEY QUALIFY FOR MEDICAID.

IS THAT CORRECT? IF THEY ARE ELIGIBLE WITH THE CRITERIA OF AGE 60, WITH FIVE YEARS OF SERVICE.

SO THEY HAVE TO MEET ONE OF THOSE CRITERIA TO BE ELIGIBLE FOR THIS.

YES. AND THE REPRESENTATIVE EMPLOYEES WHO WOULD BE THE REPRESENTATIVE EMPLOYEES? SO THOSE ARE OUR GENERAL EMPLOYEES.

PER THE ORDINANCE, IT'S DEFINED AS ANY PERSON EMPLOYED BY THE CITY OTHER THAN A POLICE OFFICER OR FIREFIGHTER, TEMPORARY EMPLOYEE, ELECTED OFFICIAL OR EMPLOYEE, PROMOTED, APPOINTED OR RECATEGORIZED TO ANY EXECUTIVE, MANAGERIAL, PROFESSIONAL OR ADMINISTRATIVE POSITION.

SO I STARTED THE FIREFIGHTERS RANK AND FILE FIREFIGHTERS ALREADY GET $17.50 PER MONTH.

$17 SO WHY ARE WE NOT GIVING THIS TO THE REGULAR EMPLOYEES AS WELL? SO THE FIREFIGHTERS PENSION HAS A COLA ON TOP OF THEIR SUBSIDY.

SO IT STARTED AT $10 PER CREDITED SERVICE BACK IN 2001 I BELIEVE.

BUT WITH YEARS AND THE COLA IS ON TOP OF IT, $17.65 IS CURRENTLY.

BUT AS THE YEARS GO BY, THEY'LL CONTINUE TO GET A COLA.

I THINK IT'S 2.25% CURRENTLY.

IS THEIR COLA ON THAT SUBSIDY? SO THE RANK AND FILE FIREFIGHTER GETS THAT SUBSIDY.

BUT NOW WE'RE TRYING TO PASS THIS FOR MANAGEMENT AND ELECTED OFFICIALS WITHOUT NECESSARILY GIVING IT TO THE RANK AND FILE EMPLOYEES.

ARE YOU FAMILIAR WITH SB 256, THE UNION BILL THAT CAME OUT LAST YEAR FROM TALLAHASSEE? YES, I'VE HEARD OF, YES, BUT I HAVE TO REFRESH THAT.

BUT, YES. DOES THE CURRENT GENERAL EMPLOYEES HAVE A UNION AT THIS MOMENT? DID THEY DID THEY PASS A CERTIFICATION FOR THE SB 256? NO, THEY ARE IN THE RECERTIFICATION PHASE.

[01:10:03]

THEY ARE IN THE RECERTIFICATION PHASE.

SO THAT MEANS THEY DON'T HAVE REPRESENTATION.

CORRECT. SO THE PERSON THAT CLEANS THE STREET, THE PERSON THAT WORKS AT THE CASHIER OFFICE DOESN'T HAVE REPRESENTATION.

AND WE'RE OFFERING SUBSIDIES TO MANAGEMENT AND ELECTED OFFICIALS.

THAT'S CORRECT. I'M NOT IN.

THE UNION, THEY HAVE A THEY'RE ABLE TO NEGOTIATE THEIR BENEFITS, WAGES, TERMS AND CONDITIONS OF EMPLOYMENT, WHICH THEY RATIFIED THEIR CONTRACT BACK IN 2023. SO THAT IS THAT'S THEIR CURRENT CONTRACT THAT CURRENTLY EXISTS.

BUT THE WHOLE PURPOSE OF THAT BILL WAS TO MAKE IT TOUGHER FOR THE UNIONS TO RECERTIFY AND TO MAKE THE REPRESENTATION AND THE EMPLOYEES PAYMENTS MORE DIFFICULT.

IT'S SOMETHING THAT CAME FROM TALLAHASSEE.

YOU KNOW, FOR LACK OF A BETTER WORD, IT'S CALLED THE UNION BUSTING BILL.

IT DIDN'T AFFECT THE FIREFIGHTER AND THE POLICE UNIONS, BUT IT AFFECTED THE TEACHERS UNIONS AND THE PUBLIC UNIONS.

SO IT'S IMPERATIVE NOW THAT THE RANK AND FILE EMPLOYEES HAVE PEOPLE AT THE TABLE WHO'S GOING TO LOOK OUT FOR THEIR INTERESTS, BECAUSE OBVIOUSLY TALLAHASSEE HAS BROUGHT THIS BILL TO KIND OF, YOU KNOW, DESTABILIZE THE UNIONS.

SO I DON'T THINK IT'S FAIR FOR US TO GIVE OURSELVES BENEFITS.

AND THE GENTLEMAN THAT CLEANED THE PEOPLE, THAT THE PEOPLE THAT CLEANED THE STREETS DON'T HAVE THE BENEFITS.

MADAM MAYOR.

YES. MAY I? CITY MANAGER GO AHEAD? VICE MAYOR. THANK YOU FOR THAT.

THE REPRESENTATIVE EMPLOYEES, WHETHER THE UNION IS IN PLACE OR IN THE RECERTIFICATION CERTIFICATION PROCESS THEY ARE STILL GOVERNED BY THE CONTRACT THAT THEY WERE IN.

AND SO THAT CONTRACT STILL PROVIDES THE BENEFITS AND THE SALARIES THAT THEY RECEIVE.

SO BECAUSE THEY'RE SUBJECT TO ALL THEIR BENEFITS AND PAY INCREASES ARE SUBJECT TO A NEGOTIATION, UNION NEGOTIATION, THAT'S THE MECHANISM FOR THEM TO RECEIVE THOSE, ADDITIONAL BENEFITS.

IT'S EXACTLY WHAT HAPPENS WITH THE FIRE DEPARTMENT AND FIRE RESCUE STAFF.

AND THEY NEGOTIATE AND BARGAIN FOR THESE BENEFITS.

AND SO THE SAME AVENUE IS OPEN FOR OUR REPRESENTATIVE EMPLOYEES AS WELL.

SO WITH THIS CONVERSATION, I'M SURE WE'RE GIVING THEM, YOU KNOW, A LOT OF IDEAS FOR, THE NEXT ROUND OF BARGAINING, FOR SURE.

I HEAR WHAT YOU'RE SAYING, BUT I WILL SAY THAT GOVERNMENT CLOSEST TO THE PEOPLE IS THE LOCAL GOVERNMENT THAT REPRESENTS THE PEOPLE.

AND I THINK THAT BILL COMING OUT OF TALLAHASSEE IS TRYING TO MAKE IT MORE DIFFICULT FOR THE UNIONS TO DO THE JOB FOR THE RANK AND FILE PEOPLE.

I GOT A BREAKDOWN OF THE SALARIES, THE AVERAGE MANAGEMENT, WHICH IS LABELED AS NON-REPRESENTATIVE PERSON, INCLUDING YOURSELF YOUR SALARY IS INCLUDED IN THIS MAKES 103,000.

WHEREAS THE AVERAGE GENERAL EMPLOYEE, WHICH IS A PERSON THAT CLEANS THE STREET, WHICH IS A CUSTOMER SERVICE REPRESENTATIVE, MAKES AN AVERAGE OF 55,000 ANNUALLY.

SO JUST LOOKING AT THOSE NUMBERS, THOSE INDIVIDUALS NEED PEOPLE AT THE TABLE WHO'S GOING TO GO AND FIGHT AND MAKE SURE THAT THEY GET THAT STUFF.

SO I AM NOT IN SUPPORT OF THIS.

I'M NOT IN SUPPORT OF GIVING MYSELF BENEFITS.

AND THE PERSON THAT CLEANS THE STREET DOESN'T HAVE THAT.

IT'S INTERESTING. AFTER THE HURRICANE A FEW DAYS AGO, I WAS DRIVING THROUGH THE COMMUNITY AND I SAW, I THINK HIS NAME IS VERN.

HE WAS OUT THERE IN THE TRUCK, WALKING THE STREETS, JUST MAKING SURE THE COMMUNITY IS TAKING CARE OF.

AND I THOUGHT TO MYSELF, LOOK, THESE ARE THE GUYS.

THESE ARE THE REAL MVP.

THESE ARE THE PEOPLE THAT DO THE WORK, AND WE ARE JUST DRIVING THROUGH IN A CAR LOOKING AROUND, AND HE'S OUT THERE TAKING UP THE LEAVES AND THE STUFF FROM THE GROUND.

SO IN GOOD FAITH, I CAN'T SUPPORT THIS KNOWING THAT THOSE EMPLOYEES DON'T HAVE THE SAME BENEFIT.

CITY MANAGER, PLEASE CLARIFY.

I'M CONFUSED.

GO AHEAD. ABOUT WELL, YOU WERE GOING TO SAY SOMETHING ANYWAY, BUT GO AHEAD.

I WAS JUST GOING TO SAY THAT THAT, YOU KNOW OUR ORGANIZATION HAS A NUMBER OF POSITIONS, ROLES THAT PROVIDE DIFFERENT LEVELS OF SERVICE TO OUR COMMUNITY.

AND EVERY ONE OF OUR POSITIONS, EVERY ONE OF OUR EMPLOYEES ARE KEY EMPLOYEES THAT PROVIDE A SPECIFIC AND UNIQUE SERVICE TO OUR COMMUNITY.

SO I UNDERSTAND WHAT YOU'RE SAYING, AND, YOU KNOW, IF THE RECERTIFICATION PROCESS DOES NOT TAKE PLACE, IT GIVES US DIFFERENT OPPORTUNITIES TO DISCUSS FOR FUTURE BENEFITS OF THAT GROUP OF EMPLOYEES.

BUT IT DOESN'T TAKE AWAY FROM THE EMPLOYEES, THE GROUP OF EMPLOYEES THAT WE'RE TALKING ABOUT HERE FOR, YOU KNOW, BEING COMPETITIVELY COMPENSATED AND BENEFITS PROVIDED, JUST LIKE WE DO WITH OUR FIRE RESCUE STAFF, JUST LIKE YOU KNOW, OUR SURROUNDING COMMUNITIES ARE PROVIDED WITH SIMILAR BENEFITS.

SO OBVIOUSLY IT'S THE COMMISSION'S DECISION.

LET ME CLARIFY. I'M NOT AGAINST THE STAFF GETTING THE BENEFIT.

[01:15:01]

I'M JUST AGAINST US AS ELECTED OFFICIAL BEING LUMPED IN TO THAT SAME PROCESS.

LIKE I SAID, IN RESEARCH IN OTHER CITIES, IT'S ALL BEEN BIFURCATED WHERE THE COMMISSION BENEFITS ARE DIFFERENT THAN THE STAFF, THE MANAGEMENT STAFF, WHICH MOST CITIES DEFINE IT AS, AND THE GENERAL EMPLOYEES.

SO THAT IS JUST MY COMMENT.

I'M NOT AGAINST MANAGEMENT STAFF GETTING BENEFITS.

I THINK IT'S STANDARD ACROSS BORDERS, THE WAY WE FIND THE BEST TALENT AND THE BEST PEOPLE.

I DO AGREE WITH THAT.

JUST NOT IN FAVOR OF US AS, AS YOU KNOW, LUMPING US.

I THINK IT SHOULD BE A DIFFERENT DISCUSSION FOR THE ELECTED OFFICIALS TO HAVE THIS IN TERMS OF THESE, THE BENEFITS AND THE SUBSIDIES.

IF IT'S A DESIRE OF THE CITY COMMISSION, THAT CAN DEFINITELY BE THAT CAN DEFINITELY BE EDITED IN THE SECOND READING OF THE ORDINANCE.

AND THE REASON THAT THE ELECTED OFFICIALS ARE PART OF THIS CONVERSATION IS BECAUSE OF OUR PENSION PLAN IS LUMP SUM, YOU KNOW, IT'S INCLUSIVE OF THE ELECTED OFFICIALS AND NON-REPRESENTED EMPLOYEES IN THAT ONE GROUP.

AND THAT'S THE ONLY REASON THAT EVERYTHING IS CONSIDERED AT THE SAME TIME.

COMMISSIONER VILLALOBOS, DID YOU WANT TO FINISH? YES, I JUST WANTED.

YES. THEN WE'VE GOT. I'D LIKE TO MAKE THAT'S MY MOTION.

SO MOVED. OKAY, BUT THERE'S STILL DISCUSSION TO BE HAD ON THE FIRST MOTION.

AND WHILE THERE'S AN ASK FOR A SECOND MOTION PARLIAMENTARIAN GO AHEAD.

THEY'RE REALLY ASKING FOR AN AMENDMENT TO THE MOTION.

SO YOU SHOULD VOTE ON THE AMENDMENT.

HAVE A DISCUSSION ON THE AMENDMENT.

VOTE ON THE AMENDMENT.

IF IT PASSES, THEN YOU VOTE ON THE OVERALL.

IF IT DOESN'T PASS, YOU STILL VOTE ON YOUR UNDERLYING MOTION.

DISCUSSIONS NOT OVER.

SO DISCUSSION IS NOT OVER.

DISCUSSION SHIFTS TO THE NEW MOTION ON THE FLOOR.

THERE'S AN AMENDED MOTION ON THE FLOOR.

IS THAT IF IT DOESN'T PASS, WE GO BACK TO THE ORIGINAL MOTION.

SO WE'RE GOING TO STILL HAVE OUR DISCUSSION BASICALLY IN GENERAL, WHICH SHOULD COVER YOUR THOUGHTS ON THIS.

AND THEN WE'LL DO A ROLL CALL ON THE AMENDED MOTION FOR BIFURCATION.

AND IF THAT PASSES, THEN WE'RE DONE.

IF IT DOESN'T PASS, THEN WE GO BACK TO THE ORIGINAL MOTION ON THE FLOOR.

WE GOOD. ALL RIGHT.

COMMISSIONER DANIEL, IT'S YOUR FIVE MINUTES.

POINT OF CLARIFICATION.

CITY ATTORNEY. CITY ATTORNEY.

COMMISSIONER VILLALOBOS HAS A POINT OF CLARIFICATION ON THE PROCEDURE.

IS THERE A DISCUSSION AFTER A SUBSTITUTE MOTION IS MADE? YES. YES.

AND IS IT A SUBSTITUTE OR IS IT.

IT'S AN AMENDMENT.

YOU'RE TRYING TO MAKE AN AMENDMENT TO THE OVERALL MOTION, WHICH IS TO PASS THE ORDINANCE.

AND NOW YOU'RE SAYING PASS THE ORDINANCE, BUT TAKE OUT THE COMMISSION.

SO THE VOTE NOW, THE DISCUSSION NOW IS ON WHETHER OR NOT YOU WANT TO TAKE OUT THE COMMISSION.

IF I MAY FOLLOW UP, THE ONLY ITEM WHERE YOU DO NOT HAVE DISCUSSION IS IF YOU WERE TO DO A MOTION TO TABLE AND A TABLE TO TIME CERTAIN OR CALL FOR TO DISMISS IT. BUT THAT'S IT.

THIS IS YOU CANNOT STOP DISCUSSION ON THIS ITEM.

SO WITH THAT, COMMISSIONER DANIEL, PLEASE PROCEED.

THANK YOU. EVEN THOUGH THIS DOES NOT IMPACT ME BECAUSE I DON'T FIT EITHER OF THE CRITERIA.

I THINK IF COMMISSIONER, ANY COMMISSIONER JUST LIKE THE CAR ALLOWANCE, IF YOU DO NOT WANT ANY OF THE BENEFITS, OPT OUT.

BUT TO STOP OTHER PEOPLE FROM GETTING THE BENEFITS, I THINK IS UNFAIR.

AND ANOTHER THING IS FOR MEDICAL COSTS, INSURANCE.

AND FROM MY UNDERSTANDING, INSURANCE IS ABOUT AT MINIMUM $800 A MONTH, SO IT DOES NOT EVEN COVER THE INSURANCE.

AND IF ONCE A PERSON REACHES A CERTAIN AGE GROUP AND THEY DON'T HAVE INSURANCE, IT'S STILL GOING TO BECOME A LIABILITY UNDER THE CITY TO TAKE CARE OF ITS CITIZENS. WE'RE SEEING THAT NOW WITH ALL THESE CONDOS, ISSUE WITH INSURANCE AND CAN'T PAY NEEDS ASSESSMENT.

AT SOME POINT IT'S GOING TO BECOME OUR BURDEN.

SO I THINK ALL EMPLOYEES SHOULD HAVE THIS.

AND AS FAR AS THE UNION TO ME IT SOFTENED THE RULES.

BEING I WAS A UNION STEWARD FOR YEARS, BY THE WAY.

SO I DO BELIEVE IN UNION.

AS AN EDUCATOR, I THINK IT MADE THE UNION EASIER TO EXIST BECAUSE NOW THEY CAN EXIST WITH ONLY 30% MEMBERSHIP.

30. SO 30% THEY CAN STILL BE IN, THEY HAVE LESS THAN 60 AND THEY STILL IN, IN POWER.

SO THAT'S NOT TRUE.

SO I THINK WE NEED TO GET A CLEARER PICTURE.

IF WE WANT ALL EMPLOYEES TO HAVE THIS GREAT IDEA, THEN ALL EMPLOYEES SHOULD HAVE THIS.

BUT I WOULD NOT EXCLUDE THE ELECTED OFFICIALS WHO'S BEEN IN THIS FOR 20 YEARS.

THAT WAS THEIR JOB.

[01:20:01]

GRANTED, IT'S NOT ME, BUT FOR THE ONES WHO HAVE BEEN HERE FOR YEARS, LIKE THE MAYOR, THAT WAS HER JOB.

SHE SHOULD GET HER PENSION AND HER INSURANCE.

I PERSONALLY DON'T HAVE A PROBLEM WITH THAT.

AGAIN, IF YOU DON'T AGREE WITH IT, THE SIMPLE THING TO DO OPT OUT.

SO WHERE YOUR MOUTH IS, MAKE SURE YOUR MONEY IS THERE.

OPT OUT AND DON'T PLAY GAMES.

POLITICAL GAMES.

THANK YOU. POINT OF CLARIFICATION TO THE CITY MANAGER.

SIMILAR TO THE CAR ALLOWANCE POLICY.

WE NOW UNDERSTAND THAT THE CAR POLICY IS ONE POLICY THAT THERE'S NO OPTIONS.

RIGHT. SO WE CAN'T COMPARE.

IT'S RIGHT NOW ORANGE TO APPLES ARE BEING COMPARED.

IS THIS POLICY? WOULD THIS POLICY FALL IN THE SAME WAY THAT THE CAR ALLOWANCE IS WHERE THERE IS NO OPTIONS? IT'S EITHER ALL IN OR NOT? THAT'S MY UNDERSTANDING THAT THERE IS NO OPTION TO BE IN OR OUT.

WHATEVER THE PLAN IS, WHATEVER YOU GET.

AM I CORRECT, DANIELLE? IT WOULD HAVE TO BE.

NOW, I REMEMBER WHEN LORENZO WAS HERE? YOU COULD. HE DID.

RIGHT. SO HE COULD HAVE THE OPTION TO OPT OUT.

I HAVE THE FLOOR AND I'M TRYING TO GET CLARIFICATION.

I'M GOING TO JUMP IN. AS ON THE IF MS. DURGAN. I HAVE TO BE ABLE TO LOOK TO SEE WHAT THAT WAS THEN WHEN YOU GUYS WHEN IT ALL HAPPENED, I'M NOT SURE THE OPT IN OPT OUT.

AS A MEMBER OF THE PENSION BOARD, I'M GOING TO SAY THAT I KNOW THAT I SEE THINGS THAT SAY, YOU'RE OPTING FOR THIS, YOU'RE OPT FOR THAT, YOU'RE IN FOR THIS, YOU'RE IN FOR THAT. WHEN IT COMES TO YOUR PENSION, I BELIEVE THAT IS A DIFFERENT ABILITY THAN WHAT IS DIFFERENT FOR THE CAR ALLOWANCE.

THERE IS NOT THE SAME THING.

THE PENSION IS CONTROLLED BY ACTUARIES AND INVESTMENTS THAT ARE NOT THE SAME.

THAT'S CONTROLLED BY THE CITY FINANCIAL DEPARTMENT.

IS SO DESIRED FOR THAT POSSIBILITY.

YES, I WILL TAKE THAT AND LOOK INTO IT WITH MY GROUP.

OKAY. THANK YOU.

SO COMMISSIONER VILLALOBOS ARE YOU FINISHING YOUR TIME OR ARE YOU DONE? OKAY. I AGREE WITH COMMISSIONER DANIEL AND HAS NOTHING TO DO WITH MY TIME AND SERVICE YET, BECAUSE I'M GOING TO MAYBE HIT 16 YEARS.

AND WHILE I WILL HIT 16 YEARS AND WE'LL SEE IF I EVER MAKE 20.

BUT THAT'S NOT ABOUT ME ON THIS ONE.

I AGREE THE EMPLOYEES SHOULD HAVE THIS AND SHOULDN'T HAVE US NOT MOVE IT FORWARD BECAUSE THE CITY OFFICIALS ARE INCLUDED IN THIS.

IF WE WANT TO FIGURE OUT AN OPT OUT PLAN, THAT'S FINE.

WE ALSO NEED TO KEEP IN MIND PROBABLY MAJORITY OR I'M NOT EVEN SURE HOW IT ROLLS, BUT WE'RE TALKING ABOUT IF YOU'RE FIVE YEARS IN, IT'S 60.

YOU'RE TALKING ABOUT WHEN YOU HIT 60, AS I HAVE BECOME THE OLDEST ON THE DAIS WHEN I WAS ACTUALLY THE YOUNGEST WHEN I FIRST STARTED.

DEAR COMMISSION, YOU'VE GOT SOME TIME TILL YOU HIT 60.

MAKE. YOU GOT 20 YEARS, RIGHT.

SO YOU CAN MAKE YOUR DECISIONS WHEN YOU ARE AT THAT POINT.

BUT AT THE SAME TOKEN I DON'T WANT TO HURT OUR EMPLOYEES WHO REALLY SHOULD BE ABLE TO BE TREATED IN THE SAME RESPECT.

I AM A DAUGHTER OF IBEW LOCAL THREE GO ELECTRICIANS, AND MY MOTHER WAS A TEACHER IN NEW YORK CITY PUBLIC HIGH SCHOOL.

I'M A UNION GIRL.

THEY ARE NOT REPRESENTED.

WE ARE THEIR VOICE.

WE NEED TO REPRESENT THEM.

AND WE, AS A COMMISSION, AS A BODY, SHOULD NOT BE HOLDING UP PROGRESS.

SO I WOULD SUPPORT, IF WE WANT TO HAVE A POLICY, IF IT'S ALLOWABLE THROUGH PENSION TO DO OPT IN AND OPT OUT FOR MEDICAL ON THIS WHEN IT COMES TO THE COMMISSION.

SO THAT IS MY OPINION.

COMMISSIONER VILLALOBOS YOUR TWO MINUTES.

SO MY SUBSTITUTE MOTION WAS TO BIFURCATE.

GO AHEAD AND APPROVE AS IS WITHOUT THE COMMISSION ON IT.

WHERE ARE WE WITH THAT? IF I CAN ASK THE CITY ATTORNEY DO WE NEED CONSENSUS OR DO WE NEED A ROLL CALL ON THIS MATTER.

ROLL CALL WOULD BE APPROPRIATE.

ROLL CALL WILL BE APPROPRIATE WHEN DISCUSSION IS COMPLETED ON THIS ITEM AS NOT YET SURE IF DISCUSSION IS COMPLETED ON THIS ITEM.

I'LL GO TO IT AS SOON AS IT IS DONE.

ARE YOU GOOD? ALL RIGHT.

AS EVERYONE HAS MADE THEIR COMMENTS, WE ARE NOW TALKING ABOUT THE AMENDED ITEM ON THE FLOOR.

SO CITY CLERK IS CALLING THE ROLL FOR WHETHER OR NOT WE WANT TO BIFURCATE THIS TO REMOVE THE COMMISSION.

[01:25:01]

THE REMOVING THE ELECTED APPOINTED OFFICERS.

I DON'T KNOW ABOUT APPOINTED OFFICERS THAT.

THAT INCLUDES THE CITY MANAGER APPOINTED? CORRECT. SO ELECTED OFFICIALS FROM PARTICIPATING UPON THEIR RETIREMENT, IF THEY MEET THEIR QUALIFICATIONS OF 15 YEARS OR 20 YEARS OF 55 PLUS.

AGE 55, WITH 25 YEARS OF CREDITED SERVICE, OR AGE 57 WITH 20 YEARS OF CREDITED SERVICE, OR AGE 60 WITH FIVE YEARS OF CREDITED SERVICE.

SO THOSE ARE THE PARAMETERS THAT ARE BEING REQUESTED.

SO DOES EVERYBODY KNOW WHAT WE'RE VOTING ON NOW? ALL RIGHT. CITY CLERK, PLEASE CALL THE ROLL.

NO. COMMISSIONER BOLTON.

NO. COMMISSIONER VILLALOBOS.

YES. MOTION PASSES 4 TO 1 OR 3 TO 2.

SORRY. IT'S ALL GOOD.

I WAS HAVING TROUBLE WITH NUMBERS ALL DAY.

ALRIGHTY. THIS WILL BE BACK ON SECOND READING ON NOVEMBER 13TH.

MADAM MAYOR. NOW YOU SHOULD VOTE ON THE OVERALL ORDINANCE.

SO THAT WAS JUST ON THAT AMENDMENT.

WHETHER OR NOT TO TAKE IT OUT.

SO NOW YOU NEED TO VOTE ON THE UNDERLYING ORDINANCE.

OKAY. SO LET'S HAVE ONE MORE VOTE.

OKAY. BUT THE UNDERLYING ORDINANCE INCLUDED US IN IT.

SO. RIGHT.

AND YOU JUST SAID TAKE IT OUT.

RIGHT. WITH THE VOTE JUST NOW WAS TO TAKE IT OUT.

SO NOW YOU NEED TO VOTE ON WHETHER OR NOT YOU WANT THE WHOLE ORDINANCE TO PASS WITH THE COMMISSIONERS TAKEN OUT.

THAT WAS A SUBSTITUTE MOTION.

WHAT AM I MISSING? WE JUST VOTED TO.

OH. YOU WANTED. OKAY, WE VOTED TO APPROVE AMENDING.

YES. OKAY. YES.

SORRY. GET IN THERE.

SO WE'VE JUST VOTED TO AMEND THE ORDINANCE.

SO THE ORDINANCE NOW THAT WE'RE VOTING ON IS NOW AS AMENDED.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 16 ENTITLED PENSIONS RETIREMENT.

ARTICLE NINE, ENTITLED AN ELECTED AND APPOINTED OFFICERS AND NON-REPRESENTED EMPLOYEES RETIREMENT PLAN.

RETIREMENT PLAN SPECIFICALLY AMENDING 16-905K, ENTITLED SERVICE RETIREMENT BENEFITS, COST OF LIVING ADJUSTMENT, DISABILITY RETIREMENT TO PROVIDE HEALTH INSURANCE.

RETIREMENT SUBSIDY TO EVERYBODY WHO IS QUALIFIED UNDER THIS PLAN OTHER THAN THE ELECTED OFFICIALS.

PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION AND PROVIDING FOR EFFECTIVE DATE.

CORRECT. ALRIGHTY THEN.

OH, I NEED TO. NO, WE HAVE THE MOTION AND A SECOND ALREADY DONE.

YES. OKAY. THANK YOU.

CITY CLERK, WHEN YOU'RE READY.

MAYOR GOMEZ.

NO. COMMISSIONER DANIEL.

ALL RIGHTY THEN. SO WE'RE GOING TO 6G TO2575.

MOTION PASSES 4 TO 1.

[6.g TO2575 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 6, entitled “Finance and Taxation,” Article V, entitled “Tamarac Procurement Code” of the Code of Ordinances to update definitions, methods of source selection, purchase procedures, and lobbying; to provide various housekeeping changes; providing for severability; providing for conflicts; providing for codification; and providing for an effective date.]

CITY ATTORNEY, PLEASE READ THE TITLE ON THE RECORD.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA.

AMENDING CHAPTER SIX ENTITLED FINANCE AND TAXATION, ARTICLE FIVE, ENTITLED TAMARAC PROCUREMENT CODE OF THE CODE OF ORDINANCES TO UPDATE DEFINITIONS, METHODS OF SOURCE SELECTION, PURCHASE PROCEDURES, AND LOBBYING TO PROVIDE VARIOUS HOUSEKEEPING CHANGES.

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

THANK YOU. NEED A MOTION AND A SECOND.

SO MOVED. SECOND.

I HAVE A MOTION BY COMMISSIONER BOLTON.

I HAVE A SECOND BY COMMISSIONER VILLALOBOS.

KEITH GLATZ, OUR BUDGETS AND PROCUREMENT MANAGER, WILL PROVIDE AN UPDATE ON THE CHANGE TO THE ORDINANCE THAT WAS NOT INCLUDED IN THE FULL PRESENTATION OF THE ITEM, WHICH WAS DELIVERED AT THE MONDAY, OCTOBER 7TH WORKSHOP.

DO WE HAVE THE SLIDES ON THAT? GOOD EVENING. KEITH GLATZ HERE, PROCUREMENT CONTRACTS MANAGER, AND WE HAVE MADE JUST A COUPLE OF CHANGES.

THE FIRST CHANGE WAS AS REQUESTED BY THE COMMISSION AT THE WORKSHOP.

AND IF YOU GO TO SLIDE NUMBER FOUR, THE BOTTOM BULLET POINT PER YOUR REQUEST, WE AMENDED THE DEFINITION TO REMOVE THE REQUIREMENT FOR THE COMMISSION TO RE-APPROVE THE THRESHOLD ONCE THE STATE OF FLORIDA HAS

[01:30:02]

ALREADY MADE THAT CHANGE.

YOU HAD REQUESTED THAT WE MAKE THAT CHANGE TO THE CODE, AND WE HAVE DONE THAT.

AND [INAUDIBLE], THE NEXT TO LAST SLIDE 11.

THIS IS SECTION 6-156, WHICH IS OUR ETHICS AND PUBLIC CONTRACTS.

AND THIS WAS AS A RESULT OF SOMETHING THAT THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS HAS BEEN WORKING ON.

THEY ARE CURRENTLY DELIBERATING ON A CHANGE TO THE GIFT POLICY.

THEY HAD PREVIOUSLY BEEN LIKE US NO TOLERANCE, BUT THEY HAVE MADE A THEY ARE IN THE PROCESS OF DELIBERATING POTENTIAL OF A $25 LIMIT.

AND IN THIS PARTICULAR INSTANCE, CITY OFFICIALS ARE COVERED BY THE BROWARD COUNTY CODE OF ETHICS.

AND SINCE BROWARD COUNTY CODE OF ETHICS COVERS ELECTED OFFICIALS IN OTHER CITIES, WE FELT WE NEEDED TO MAKE OUR CODE MATCH WHATEVER THE COUNTY IS PROVIDING.

SO WHAT WE'VE DONE IS WE'VE SAID THAT THE NO GIFT OVER THE AMOUNT PROVIDED FOR BY THE BROWARD COUNTY ETHICS COMMISSION SHALL BE ACCEPTED.

SO IF IT'S $25, THAT'S THE LIMIT.

IF IT'S IF THEY DON'T MAKE ANY CHANGES, THEN WE'RE BACK TO ZERO WHERE WE ARE CURRENTLY AT.

AND THAT'S A SUMMARY OF ALL THE CHANGES.

I'M AVAILABLE FOR ANY OTHER QUESTIONS.

SEEING NO QUESTIONS.

MADAM MAYOR. CAN WE ASK FOR A BREAK? CAN WE FINISH THIS VOTE? NO. WE'RE GOING TO FINISH THIS VOTE.

SO IS COMMISSIONER BOLTON GOING TO VOTE? HE'S OBVIOUSLY NOT HERE.

SO HE DOESN'T VOTE.

BUT THANK YOU. WE'RE NOT.

WE'VE GOT THREE.

WE'VE GOT BUSINESS TO CONDUCT IN THE CITY.

WE'RE MOVING FORWARD.

YES. AND COMMISSIONER BOLTON IS ABSENT.

SO MOTION PASSES 4 TO 0.

EXCELLENT. WE WILL ALSO BE SEEING THIS ONE AGAIN ON NOVEMBER 13TH.

SO, LADIES AND GENTLEMEN, WE ARE GOING TO HAVE A 15 MINUTE BREAK.

WELL, I'M GOING TO AVERAGE IT OUT.

12 MINUTE BREAK.

I THINK EVERYBODY CAN BE BACK HERE AT 8:45.

WE'RE HAVING A BREAK.

THIS MEETING IS IN RECESS.

SO IT IS NOW 8:48.

OH, YEAH. I DON'T KNOW IF I HAVE TO PUT THIS ON THE RECORD.

DO I HAVE TO? I JUST OKAY. ACTUALLY, I'LL DEFER THIS ITEM FOR THE CITY ATTORNEY.

WE ARE GOING TO A QUASI JUDICIAL ITEM, AND IT IS 9A TBO EIGHT NINE, AND THE CITY ATTORNEY IS

[9.a TBO89 - Board Order approving/denying Special Exception application to allow for a Waste Haulers use in an I-2 (Industrial) zoning district pursuant to Section 10-3.2, Table of Allowed Uses, Land Development Code, that allows for additional uses permitted in Broward County’s M-3 Intense Manufacturing and Industrial District as a Special Exception, at 2890 NW 55 Court, Tamarac, Florida 33309.]

GOING TO READ THE TITLE FOR THE RECORD.

BUT BEFORE YOU DO ONE HOUSEKEEPING ITEM, THE APPLICANT HAS A COURT REPORTER HERE.

DOES SHE NEED TO DO ANYTHING OR WILL SHE JUST BE SWORN IN AT THE TIME? SHE DOESN'T NEED TO DO ANYTHING AT ALL.

SHE'S NOT PARTICIPATING.

SHE'S NOT TESTIFYING.

SO SHE'S TAKING NOTES.

WELL, I SHOULDN'T SAY NOTES.

SHE'S TRANSCRIBING WHAT IS BEING SAID RIGHT NOW.

OKAY, BEAUTIFUL.

SO AT THIS TIME, PLEASE READ THE TITLE FOR THE RECORD AND THEN GO INTO THE RULES FOR QUASI JUDICIAL HEARING, PLEASE.

OKAY. THIS IS TBO89.

YES. BOARD ORDER APPROVING OR DENYING SPECIAL EXCEPTION APPLICATION TO ALLOW FOR A WASTE HAULERS USE AND IN I2 INDUSTRIAL ZONING DISTRICT PURSUANT TO SECTION 10- 3.2 TABLE OF ALLOWED USES.

LAND DEVELOPMENT CODE THAT ALLOWS FOR ADDITIONAL USES PERMITTED IN BROWARD COUNTY'S M3.

INTENSE MANUFACTURING AND INDUSTRIAL DISTRICT AS A SPECIAL EXCEPTION AT 2890 NORTHWEST 55TH COURT TAMARAC FLORIDA 33309.

OKAY. QUASI JUDICIAL STATEMENT AND RULES.

ALL PERSONS TESTIFYING BEFORE THE CITY COMMISSION MUST BE SWORN IN WITH REGARD TO THE QUASI JUDICIAL ITEMS BEING CONSIDERED ON THE AGENDA.

[01:35:08]

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

ALL EVIDENCE RELIED UPON BY REASONABLY PRUDENT PERSONS SHALL BE ADMISSIBLE WHETHER SUCH EVIDENCE WOULD BE ADMISSIBLE IN A COURT OF LAW, HOWEVER IMMATERIAL OR UNDULY REPETITIOUS EVIDENCE SHALL BE EXCLUDED.

HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE OF SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE, BUT IT SHOULD NOT BE SUFFICIENT BY ITSELF TO SUPPORT A FINDING.

STATEMENTS OF ATTORNEYS SHALL BE CONSIDERED ONLY AS ARGUMENT AND NOT BE CONSIDERED AS TESTIMONY.

ATTORNEYS FOR PARTIES ARE NOT SUBJECT TO CROSS EXAMINATION.

THE CITY COMMISSION SHALL HAVE THE AUTHORITY TO REFUSE TO HEAR ANY TESTIMONY WHICH IS IRRELEVANT OR REPETITIVE.

DOCUMENTARY EVIDENCE MAY BE PRESENTED IN THE FORM OF A COPY OF THE ORIGINAL, IF AVAILABLE.

UPON REQUEST, THE PARTIES SHALL BE GIVEN AN OPPORTUNITY TO COMPARE THE COPY WITH THE ORIGINAL.

ALL PARTIES SHALL BE GIVEN AN OPPORTUNITY TO CROSS-EXAMINE WITNESSES AND QUESTION PARTIES ABOUT THEIR EVIDENCE.

GENERALLY, THE ORDER OF PRESENTATION SHALL BE AS FOLLOWS.

THE PETITIONER OR PETITIONER'S REPRESENTATIVE WILL PRESENT FIRST.

IF THE PETITIONER CHOOSES TO MAKE A PRESENTATION, IT SHOULD INCLUDE A DESCRIPTION OF THE NATURE OF THE PETITION AND IF THERE IS ADDITIONAL INFORMATION THAT HAS NOT BEEN PREVIOUSLY PROVIDED TO THE PETITIONER BY THE CITY.

THE PETITIONER MAY INTRODUCE EVIDENCE AND PRESENT WITNESSES FOR COMMISSION CONSIDERATION.

IT IS THE RESPONSIBILITY OF THE PETITIONER TO DEMONSTRATE THAT ITS APPLICATION IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN, IF APPLICABLE, AND THAT IT MEETS THE REQUIREMENTS OF THE CITY CODE.

STAFF WILL THEN GIVE A PRESENTATION.

THE PRESENTATION WILL GENERALLY INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION OF PETITIONER'S REQUEST AND ANALYSIS OF THE PETITIONER'S CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN, IF APPLICABLE, AND WHETHER THE PETITION DOES OR DOES NOT MEET THE REQUIREMENTS OF THE CITY CODE.

AFFECTED PARTIES WILL BE ALLOWED TO PRESENT TESTIMONY.

THEY MAY INTRODUCE EVIDENCE AND HAVE WITNESS TESTIMONY.

PERSONS WHO ARE IN SUPPORT OR IN OPPOSITION CAN PROVIDE TESTIMONY OR STATEMENTS.

THE PARTIES WILL THEN BE GIVEN AN OPPORTUNITY TO ANSWER ANY QUESTIONS AND GIVE CLOSING STATEMENTS.

FINALLY, THE CITY COMMISSION SHALL DELIBERATE ON THE PETITION.

AT THAT POINT NO FURTHER TESTIMONY SHALL BE TAKEN, AND MEMBERS OF THE CITY COMMISSION SHALL NOT ASK FURTHER QUESTIONS OF PERSONS PRESENTING TESTIMONY.

THE CITY COMMISSION SHALL DISCUSS THE EVIDENCE THAT WAS PRESENTED AT THE PROCEEDING, AND VOTE ON THE PETITION BASED UPON THE COMPETENT, SUBSTANTIAL EVIDENCE IN THE RECORD. AT THIS POINT IN TIME, IT WOULD BE APPROPRIATE FOR THE COMMISSION MEMBERS TO DISCLOSE ANY EX PARTE COMMUNICATIONS THEY MAY HAVE HAD WITH RESPECT TO THE ITEM.

OKAY. COMMISSIONER DANIEL, ANY EX PARTES? NO. COMMISSIONER WRIGHT NONE.

NO. COMMISSIONER VILLALOBOS.

I JUST MET THE APPLICANT.

THE ATTORNEY. AND I DON'T KNOW WHAT THEY CALL HER.

AND THE COURT REPORTER.

THE COURT REPORTER.

AND I'VE HAD NONE. OKAY.

SO DISCLOSURES ARE DONE.

OUR CITY CLERK WILL NOW SWEAR IN ANY WITNESSES.

THANK YOU VERY MUCH.

CITY CLERK. THANK YOU, MADAM MAYOR.

ALL WITNESSES FOR THIS ITEM PLEASE STAND AND RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? YES. YES. THANK YOU, MADAM MAYOR.

ALL WITNESSES HAVE BEEN SWORN IN.

EXCELLENT. SO NOW I NEED A MOTION AND A SECOND ON THIS ITEM.

SO MOVED. SECOND.

WE HAVE A MOTION BY COMMISSIONER VILLALOBOS, AND THERE WAS A SOFT SECOND AT THE SAME TIME WITH MINE.

SO WE'LL GIVE IT TO COMMISSIONER DANIEL.

WE NOW HAVE MISS ANNE-CHRISTINE CARRIE, WHO WILL MAKE A PRESENTATION.

GOOD EVENING.

ANNE CHRISTINE CARRIE, ON BEHALF OF THE APPLICANT.

MIAMI 21, ZONING AND ENTITLEMENTS, ON BEHALF OF BANNER YARD NORTHWEST 55TH COURT, LLC.

THE APPLICATION BEFORE YOU IS FOR A SPECIAL EXCEPTION TO ALLOW A WASTE HAULER USE, MORE SPECIFICALLY TO ALLOW THE HAULING OF CONSTRUCTION AND DEMOLITION DEBRIS. THE REQUEST IS A RESULT OF A CODE VIOLATION FOR OPERATING A USE WITHOUT A BUSINESS LICENSE.

[01:40:03]

THE PROPERTY IS APPROXIMATELY 18,000FT².

IT IS A VACANT INDUSTRIAL SITE IN AN I-2, WHICH IS THE HEAVIEST INDUSTRIAL ZONING DISTRICT, AND IT HAS A FUTURE LAND USE DESIGNATION OF INDUSTRIAL. ALL COUNTY WASTE IS AN INDEPENDENT WASTE HAULING AND DUMPSTER RENTAL COMPANY.

IN SHORT, THEY RENT OUT DUMPSTERS TO CONSTRUCTION SITES, WHICH ARE FILLED WITH CONSTRUCTION AND DEMOLITION DEBRIS.

THE DUMPSTERS ARE THEN HAULED TO LANDFILLS AND COUNTY APPROVED SITES WHERE THEY ARE EMPTIED, AND FROM THERE THEY ARE EITHER RETURNED TO OTHER CONSTRUCTION SITES OR SHOULD THERE NOT BE A TENANT, THEY WOULD BE TEMPORARILY STORED BACK TO THE SUBJECT PROPERTY.

THERE WILL BE A LOT MORE IN TERMS OF THE DESCRIPTION OF THESE ACTIVITIES TO COME.

THE COMPANY ITSELF HAS BEEN IN OPERATION SINCE 2017, AND THEY HAVE APPROXIMATELY SEVEN CONTAINERS THROUGHOUT THE STATE OF FLORIDA.

CONSTRUCTION AND DUMPSTER RENTALS.

EFFECTIVELY, AS YOU SEE IN THE CITY OF TAMARAC, LIKE MANY OTHER PLACES, THERE'S A LOT OF DEVELOPMENT ACTIVITY GOING ON.

AS YOU ALL KNOW, THESE SITES REQUIRE A SPACE FOR THE TORN UP CONCRETE AND THE LUMBER AND ETC.

SO YOU HAVE THESE LARGE DUMPSTERS THAT ARE PLACED THERE TO COLLECT THESE THINGS.

ALL COUNTY WASTE PROVIDES THESE TYPES OF DUMPSTERS NOT JUST IN TAMARAC BUT EVERYWHERE.

AND SO ONCE THE DUMPSTERS ARE FILLED OR THE SITE IS COMPLETED, ALL COUNTY WOULD COME WITH ITS TRUCKS, PICK UP THE DUMPSTERS, TAKE IT TO A LANDFILL SITE, EMPTY OUT THE CONTAINERS.

NOW, I MUST SAY, IN ORDER TO ENTER THE LANDFILL SITE, THE TRUCK IS WEIGHED AND THAT IS HOW THE COUNTY OR THAT SITE DETERMINES HOW MUCH DEBRIS OR WASTE IS BEING BROUGHT ONTO THIS LANDFILL.

THEY ARE GIVEN A TICKET.

ALL COUNTY WASTE JUST LIKE THE OTHERS GO IN, DUMP, EMPTY OUT THE CONTAINERS, DRIVE OUT.

THEY ARE WEIGHED AGAIN.

AND THAT IS HOW YOU KNOW.

OKAY, THIS IS HOW MUCH WAS EMPTIED OUT.

THAT TICKET IS HOW ALL COUNTY WASTE THEN CHARGES THE CLIENT, THE DEVELOPER, THE CONSTRUCTION COMPANY TO SAY, OKAY, I HAVE HAULED OUT YOUR DEBRIS.

FROM THERE THAT'S WHEN THE DUMPSTER IS EITHER, LIKE I SAID, TAKEN TO A DIFFERENT SITE OR BROUGHT BACK IF THERE ARE NO OTHER TENANTS TO THE SUBJECT PROPERTY.

SO AS YOU CAN SEE, I'LL SHOW YOU MORE PICTURES OF THE ACTUAL SITE.

THE HISTORY OF THIS PROPERTY.

THESE ARE AERIAL IMAGES FROM THE BROWARD COUNTY PROPERTY APPRAISER WEBSITE.

AND YOU CAN SEE, BOTTOM LEFT, THE YEAR THAT THE AERIAL WAS TAKEN.

SINCE AT LEAST 1998, THIS PROPERTY HAD BEEN USED FOR OUTDOOR STORAGE OF SOME TYPE OF CONTAINER OR TRUCK SPACE.

THIS IS ANOTHER SITE.

I'M SORRY, ANOTHER IMAGE TAKEN FROM 2007, WHICH SHOWS THE SAME.

AND THEN TODAY, 2024, YOU CAN SEE THE EMPTY CONTAINERS BEING STORED ON THAT SITE.

SO THESE ARE PHOTOGRAPHS OF THE ACTUAL PROPERTY, WHICH AS YOU CAN SEE, IS VERY WELL MAINTAINED, SANITARY, AND THE DUMPSTERS ARE EMPTY.

THIS IS THE NEIGHBORHOOD. AS YOU CAN SEE, IT IS A VERY HEAVY INDUSTRIAL AREA.

IT IS JUST SOUTH OF THE AIRPORT AND THERE ARE SIMILAR USES SURROUNDING IT.

THIS IS YOUR ZONING MAP FOR THE CITY OF TAMARAC.

AS YOU CAN SEE, THIS IS THE ONLY I-2 HEAVY INDUSTRIAL DISTRICT, WHICH MEANS THAT ANY INDUSTRIAL USE THIS IS THE ONLY NEIGHBORHOOD WHERE IT CAN ACTUALLY TAKE PLACE OR IT COULD BE ALLOWED NOWHERE ELSE.

PER SECTION 10-5.4.G THE CITY COMMISSION SHALL APPROVE A SPECIAL EXCEPTION UPON MAKING THE FOLLOWING FINDINGS.

THE PROPOSED DEVELOPMENT WILL BE CONSISTENT WITH THE COMPREHENSIVE PLAN.

THE PROPOSED DEVELOPMENT WILL COMPLY WITH APPLICABLE ZONING, DISTRICT USE AND DEVELOPMENT STANDARDS OF THIS CODE.

THE PROPOSED DEVELOPMENT WILL BE COMPATIBLE WITH THE EXISTING NATURAL ENVIRONMENT AND COMMUNITY CHARACTER OF THE PROPERTIES WITHIN THE IMMEDIATE NEIGHBORHOOD.

THE DEVELOPMENT WILL BE DESIRABLE FOR PUBLIC CONVENIENCE AND NOT INJURIOUS OR OTHERWISE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, COMFORT AND WELFARE.

THE PROPOSED DEVELOPMENT WILL MINIMIZE ADVERSE EFFECTS, INCLUDING NOISE, LIGHT, DUST AND OTHER POTENTIAL NUISANCES ON ADJACENT PROPERTIES TO THE GREATEST EXTENT PRACTICABLE.

THE DEVELOPMENT WILL INCLUDE ADEQUATE PROVISIONS FOR SAFE AND CONVENIENT VEHICULAR AND PEDESTRIAN TRAFFIC MOVEMENT TO, FROM, AND THROUGH THE SITE THAT MINIMIZES TRAFFIC CONGESTION IN THE PUBLIC STREETS.

THE SITE AREA IS SUFFICIENT, APPROPRIATE, AND ADEQUATE FOR THE USE OF ANY REASONABLY ANTICIPATED EXPANSION OF THE USE.

THE SPECIAL EXCEPTION SHALL ONLY REMAIN VALID DURING THE PERIOD OF WHICH THE CERTIFICATE OF OCCUPANCY AND BUSINESS LICENSE REMAINS ACTIVE.

[01:45:05]

THE SPECIAL EXCEPTION IS TRANSFERABLE ADMINISTRATIVELY PURSUANT TO COMPLIANCE WITH THE CITY CODES.

SUBMITTING DOCUMENTATION AND PAYMENT OF FEES ONLY AFTER THE PREVIOUS CONDITION HAS BEEN MET HAVE BEEN MET.

ANY PREEXISTING CODE VIOLATIONS SHALL BE SATISFIED BEFORE A CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE PROPOSED USE.

THIS IS THE CRITERIA BASED ON WHICH A DECISION CAN BE MADE FOR A REQUEST FOR SPECIAL EXCEPTION.

FORGIVE ME.

I LOST MY SPACE.

CONSISTENCY WITH THE COMPREHENSIVE PLAN.

THIS USE IS PERMITTED IN THE INDUSTRIAL FUTURE LAND USE DESIGNATION OF THE COMPREHENSIVE PLAN.

IT IS CONSISTENT WITH THE ZONING ORDINANCE.

THE TABLE OF ALLOWED USES IN THE CODE ALLOWS FOR THE ADDITIONAL USES PERMITTED IN THE BROWARD COUNTY CODE.

INTENSE MANUFACTURING AND INDUSTRIAL DISTRICT, AS A SPECIAL EXCEPTION.

OF THESE ADDITIONAL USES ARE SANITATION COMPANIES AND WASTE HAULERS.

ALTHOUGH THE APPLICANT'S PROPOSED USE IS MUCH LESS INTENSE THAN WHAT IS ALREADY ALLOWED IN THE ZONING DISTRICT CATEGORY, BECAUSE THIS IS NOT A SANITATION COMPANY, AND IT ONLY STORES EMPTY CONTAINERS THAT HAVE HAULED CONSTRUCTION AND DEMOLITION DEBRIS.

THE PROPOSED USE IS COMPATIBLE WITH THE CHARACTER OF THE IMMEDIATE NEIGHBORHOOD.

WE ARE LESS THAN 0.1 MILE FROM THE FORT LAUDERDALE EXECUTIVE AIRPORT.

THERE ARE OTHER HEAVY INDUSTRIAL USES IN THE NEIGHBORHOOD, AND IT HAS CONSISTENTLY BEEN USED AS THIS FOR 26 YEARS AT THE MINIMUM.

THIS PROVIDES A NECESSARY SERVICE TO RESIDENTS AND BUSINESSES IN TAMARAC AND BEYOND.

AS PREVIOUSLY MENTIONED WHEN YOU HAVE DEVELOPMENT, YOU HAVE DEBRIS AND IT HAS TO BE CONTAINED SOMEWHERE.

OFF SITE IMPACTS, IF ANY, BECAUSE THESE ARE EMPTY CONTAINERS WILL BE MITIGATED BY THE APPROPRIATE BUFFERS.

THERE SHALL BE MINIMAL ADVERSE EFFECTS ON ADJACENT PROPERTIES TO THE GREATEST EXTENT PRACTICABLE.

THE CONTAINERS, AS MENTIONED ARE EMPTIED OFFSITE.

THERE WILL NOT BE ANY ODORS, NONE ARE ANTICIPATED AND THERE WILL BE VISUAL BUFFERS.

WE ARE REQUIRED TO PROVIDE ON SITE CIRCULATION AND TRAFFIC IMPACTS.

THE PROPERTY IMPROVEMENTS FOR ADEQUATE CIRCULATION OF VEHICLES ON AND OFF SITE SHALL BE PROVIDED AT THE TIME OF SITE PLAN APPROVAL.

THE SITE IS ADEQUATELY SIZED.

IN THIS ZONING DISTRICT THE MINIMUM LOT SIZE IS 10,000FT².

WE HAVE 18,000.

SHOULD THERE NEED TO BE AN EXPANSION OF THE USE, WHICH IS NOT THE CASE RIGHT NOW.

THERE IS ADEQUATE SIZE.

THE SPECIAL EXCEPTION SHALL ONLY REMAIN VALID DURING THE PERIOD OF WHICH THE CERTIFICATE OF OCCUPANCY AND BUSINESS LICENSE REMAINS ACTIVE.

THERE SHALL NOT BE VALID WITHOUT THE CERTIFICATE OF OCCUPANCY AND A WASTE HAULING USE.

SHOULD THE APPLICANT WISH TO TRANSFER THE SPECIAL EXCEPTION, USE APPROPRIATE PROCEDURES, DOCUMENTATION AND PAYMENT OF FEES SHALL BE PROVIDED.

PREVIOUS CONDITIONS, IF ANY, SHALL ALSO BE COMPLIED WITH PRIOR TO REQUESTING A TRANSFER.

CODE VIOLATIONS SHALL BE SATISFIED BEFORE A CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE PROPOSED USE.

THIS REQUEST WILL REMEDY AN OUTSTANDING CODE VIOLATION FOR OPERATING A USE WITHOUT A BUSINESS LICENSE.

TO SUMMARIZE, THE REQUEST IS CONSISTENT WITH THE HEAVY INDUSTRIAL CHARACTER OF THE NEIGHBORHOOD.

IT PROVIDES A VERY NEEDED SERVICE.

ANY IMPACTS WOULD BE MITIGATED BY ALL OF THE BUFFERING ACTIVITIES THAT TAKE PLACE BETWEEN IT AND OTHER INCOMPATIBLE USES.

AND BEFORE I GIVE AWAY, I WOULD LIKE TO ASK OR INVITE MY COLLEAGUE KYLE THIEL TO ALSO PROVIDE THE ADDITIONAL LEGAL CONTEXT OF OUR REQUEST. SORRY.

GOOD EVENING, MAYOR GOMEZ.

COMMISSIONER DANIEL COMMISSIONER VILLALOBOS.

I'M KYLE THIEL WITH BUCHANAN, INGERSOLL AND ROONEY.

MY ADDRESS IS 2 SOUTH BISCAYNE BOULEVARD, SUITE 1500, MIAMI, FLORIDA 33131.

YOU KNOW, IT'S A PLEASURE TO APPEAR BEFORE YOU TONIGHT.

I REALLY APPRECIATED THE MAYOR'S PROCLAMATION EARLIER.

MY MOTHER IS A STAGE FOUR SURVIVOR.

IT'S AN IMPORTANT MONTH FOR ME.

SO VERY, VERY NEAR AND DEAR TO MY TO MY HEART.

SO I APPRECIATED THAT.

I AGREE WITH EVERYTHING THAT MY COLLEAGUE MISS CARRIE SAID, OF COURSE.

AND I'M HERE TO ENSURE THAT OUR LEGAL POSITION IS CLEAR.

I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

I ALSO WANT TO COMMEND YOUR CITY STAFF, ESPECIALLY THE PLANNING DEPARTMENT, FOR BEING EXCEPTIONALLY RESPONSIVE THROUGHOUT THIS PROCESS.

VERY GRATEFUL FOR THAT.

[01:50:01]

MR. BANNER IS ALSO HERE TO EXPLAIN THE OPERATIONAL LOGISTICAL DETAILS OF THE BUSINESS, BUT SUFFICE IT TO SAY, THE CONCERNS THAT WE'VE UNDERSTOOD HAVE BEEN EXPRESSED ARE UNFOUNDED FOR A FEW KEY REASONS THAT I'LL GET INTO IN A MINUTE.

AND WE UNDERSTAND WHY THERE'S CONCERNS, BUT WE THINK THAT THE DETAILS SURROUNDING THE ACTUAL BUSINESS WILL EASE THOSE CONCERNS.

I DO WANT TO MENTION THE HISTORY OF THIS PROPERTY, JUST FOR CONTEXT, AND WHAT THE APPLICANT HERE HAS DONE TO IMPROVE IT.

TO BE FRANK, THE PROPERTY BEFORE MR. BANNER TOOK TITLE LAST YEAR WAS A COMPLETE MESS.

IT TOOK HIM SIX WEEKS TO CLEAN IT UP.

DURING THAT TIME, HE RACKED UP ABOUT $20,000 IN LANDFILL FEES FOR GETTING RID OF THAT OF THAT OF THE CONTENTS THAT WERE ON THAT PROPERTY.

CAN I ASK YOU.

I'M GOING TO ASK YOU FOR FORGIVENESS I'M GOING TO INTERRUPT YOU.

DID YOU GET SWORN IN? I DID NOT. OKAY.

I NEED YOU TO PLEASE GET SWORN IN.

AS COUNSEL. OKAY.

I CAN DO THAT. ABSOLUTELY.

THANK YOU. SURE. THANK YOU VERY MUCH.

DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? I DO. THANK YOU.

THANK YOU. THANK YOU.

SO, JUST TALKING ABOUT HOW MUCH WORK THE SIX WEEKS, THE $20,000 TO CLEAN UP THE PROPERTY, GET RID OF ALL THE DEBRIS THAT WAS ON THE PROPERTY.

THERE WERE SQUATTERS WHO WERE THERE ILLEGALLY.

THERE WAS A MECHANIC'S SHOP THAT WAS OPERATING WITHOUT PERMITS ILLEGALLY ON THE PROPERTY.

ALL OF THAT, OF COURSE, WAS CLEANED UP.

MY CLIENT HAD TO, AMONG OTHER THINGS, REMOVE A HUGE VAT OF OIL THAT WAS SITTING ON THE PROPERTY FROM THE MECHANIC'S WORK.

THE PROPERTY WAS NOT INSURED.

NOW IT'S INSURED.

FOR 12 YEARS IT WAS USED, AMONG OTHER THINGS, AS A JUNKYARD, AS A THIS ILLEGAL MECHANIC'S, NO BUSINESS TAX RECEIPT.

THE FIRST THING ONE OF THE FIRST TOOK TITLE WAS SEEK A BUSINESS TAX RECEIPT AND HE STILL IS.

TO THE BEST OF OUR KNOWLEDGE THE PRIOR OWNER WAS NEVER CITED FOR ANY OF THESE ACTIVITIES BEFOREHAND.

IN ALL THE VIOLATIONS.

SO THE BOTTOM LINE IS THAT THE APPLICANT IS HERE BEFORE YOU THIS EVENING, SEEKING TO FURTHER LEGITIMIZE THE PROPERTY AND TO FURTHER IMPROVE IT SO THAT IT'S A PROPERTY THE CITY CAN TAKE PRIDE IN.

HE WANTS TO RUN A LEGITIMATE, RESPECTED BUSINESS ON THE PROPERTY.

HE HAS MANY, AND HE HAS A SUCCESSFUL BUSINESS MODEL THAT HE HAS DEMONSTRATED THAT THERE REALLY IS NO CONCERNS REGARDING MUNICIPAL SOLID WASTE, BECAUSE THAT'S REALLY WHAT THE CONCERN COMES DOWN TO.

YOU HEAR YOU SEE THE WORD WASTE AND YOU THINK, OKAY, THERE'S GOING TO BE ODORS.

IT'S GOING TO BE OFFENSIVE TO THE NEIGHBORS.

BUT THAT'S NOT WHAT WE'RE DEALING WITH HERE.

WE'RE DEALING WITH CONSTRUCTION AND DEMOLITION DEBRIS C AND D DEBRIS.

COMMISSIONER VILLALOBOS I THINK YOU'RE FAMILIAR WITH THAT, WITH THE EXPERTISE IN THAT AND THE DISTINCTION, THE IMPORTANT DISTINCTION BETWEEN SOLID MUNICIPAL WASTE AND C AND D DEBRIS. IT'S SOMETHING THAT I THINK IS REALLY CREATING THE CONCERN.

AND IT DOESN'T HAVE TO BE BECAUSE THAT'S NOT WHAT HE'S PROPOSING TO DO.

SO FIRSTLY, IT'S NOT A SANITATION COMPANY.

THERE WAS SOME CONCERN THAT IF WE'RE GOING BY THE BROWARD COUNTY CODE, IF YOU'RE A SANITATION COMPANY.

YOU HAVE TO SEEK A WAIVER IF YOU ARE 500FT FROM ANY SORT OF RESIDENTIAL PROPERTY.

WELL, THIS IS NOT A SANITATION COMPANY.

THIS IS THE WASTE HAULER, BUT NOT A SANITATION COMPANY.

IT'S C AND D DEBRIS, AS WE STATED.

THE EPA'S WEBSITE DESCRIBES C AND D DEBRIS AS STEEL, WOOD PRODUCTS, DRYWALL, PLASTER, BRICK, CLAY, TILE, ASPHALT SHINGLES, CONCRETE AND ASPHALT CONCRETE.

AND THESE ARE MATERIALS THAT ARE USED IN BUILDINGS, ROADS AND BRIDGES AND OTHER SECTORS.

IT'S NOT HOUSEHOLD GARBAGE.

AND THAT'S FROM THE EPA'S WEBSITE.

NUMBER TWO, THE RECEPTACLES THAT ARE USED TO HAUL THE CONSTRUCTION AND DEMO DEBRIS WILL BE EMPTY WHEN THEY'RE STORED AT THE PREMISE.

THERE WILL BE NO ODOR EMANATING, AS MISS CARRIE SAID FROM THOSE DUMPSTERS, BECAUSE THEY'LL BE EMPTY AND THEY WON'T BE HAULING MUNICIPAL SOLID WASTE IN THE FIRST PLACE, AS WE STATED. THEY'LL BE HAULING C AND D DEBRIS.

ALSO, WHEN THE DUMPSTERS ARE ON SITE, THEY WILL BE EMPTY.

SO IT BEGS THE QUESTION, WHAT IS THE ACTUAL BUSINESS OPERATION THAT'S OCCURRING ON SITE? REALLY IT'S PARKING OF EMPTY DUMPSTERS AND TRUCKS.

THAT'S IT. AFTER CLOSE OF BUSINESS, THAT'S WHERE THEY SIT UNTIL THE NEXT MORNING.

TIME TO GO TO WORK AGAIN.

THE ACTUAL HAULING HAPPENS OFF SITE THROUGHOUT THE BUSINESS DAY.

THIS IS REALLY THE BUSINESS THAT YOU COULD EXPECT TO HAPPEN ON THE SITE.

I THINK THERE WERE CONCERNS ALSO ABOUT WHETHER THE CONTAINERS WOULD BE VISIBLE FROM THE STREET.

AS IT STANDS, YOU'D HAVE TO TRAVEL TO THE SITE AND ACTUALLY PEER INTO THE PROPERTY TO SEE THOSE DUMPSTERS.

BUT AS A FURTHER GESTURE OF GOODWILL, MR. BANNER IS HERE.

HE WILL OFFER TO INSTALL A BUFFER AS MISS CARRIE SAID, WHETHER IT BE A NATURAL BUFFER OF HEDGES OR A RETAINING WALL, WHATEVER THE CITY WOULD PREFER, HE IS OPEN

[01:55:05]

TO THAT IDEA. AGAIN, THIS IS A SPECIAL EXCEPTION APPLICATION.

SO YOU, THE COMMISSION, HAVE THE FLEXIBILITY TO MAKE CERTAIN DEMANDS, REQUESTS, ASSUMING HOPEFULLY THAT THEY'RE REASONABLE AND WE WOULD BE HAPPY TO ACCOMMODATE.

90% OF THE C AND D DEBRIS WILL GO TO WASTE MANAGEMENT FACILITIES THAT ARE LOCATED IN AREAS SUCH AS DEERFIELD, DAVIE AND SIMILAR AREAS.

AS FOR THE LEGAL ISSUES CONCERNING YOUR CODE AND THE COUNTY CODE, IT WAS A LITTLE CONFUSING INITIALLY THE COUNTY THE CITY DOES HAVE A DISTINCT AND SEPARATE CODE GOVERNING THIS INTENDED USE, BUT THE CITY COMMISSION, OR EXCUSE ME, THE CITY STAFF OPTED TO IMPOSE THE COUNTY REGULATIONS BECAUSE THE COUNTY DOES DESCRIBE SANITATION COMPANIES AND WASTE HAULERS.

THIS IS A PRIVATE WASTE HAULER.

SO FOR PRIVATE DEBRIS HAULERS THAT HAUL EXCLUSIVELY C AND D DEBRIS THE COUNTY ORDINANCES DO NOT EVEN REQUIRE SPECIAL EXCEPTION APPROVAL.

THEY REQUIRE ADMINISTRATIVE APPROVAL.

YOU'RE ALLOWED TO CONDUCT THAT BUSINESS AS OF RIGHT.

BUT HERE WE ARE IN GOOD FAITH WE'RE SEEKING A SPECIAL EXCEPTION APPROVAL.

THAT'S WHAT THE CITY WANTED, AND WE'RE HAPPY TO OBLIGE.

FOR THAT REASON OUR POSITION IS THAT WE DO NOT NEED THE WAIVER.

THE PROXIMITY WAIVER? THERE IS NO PROXIMITY WAIVER, CERTAINLY NOT IN THE CITY'S CODE OF ORDINANCES OR THE LAND DEVELOPMENT CODE.

THERE'S THE WAIVER ONLY IN THE COUNTY CODE OF ORDINANCES PERTAINING TO SANITATION COMPANIES, NOT TO PRIVATE WASTE HAULERS.

AND I JUST WANT TO ECHO WHAT MY COLLEAGUE MISS CARRIE HAD SAID ABOUT I-2 INDUSTRIAL ZONING.

THE HEAVIEST, THE MOST INTENSIVE DISTRICT FOR INDUSTRIAL USES.

THAT IS THIS AREA.

IT IS COMPATIBLE WITH THE AREA.

WHAT WE'RE PROPOSING TO DO AND THE CODE DESCRIBES YOUR CODE.

THE CITY'S CODE DESCRIBES I-2 INDUSTRIAL AS A DISTRICT THAT IS INTENDED TO PROVIDE FOR HEAVY INDUSTRIAL DEVELOPMENT THAT HAS SOME, ANY, OR ALL OF THE FOLLOWING. A, POTENTIALLY NOXIOUS IMPACTS OR B, HEAVY TRUCK TRAFFIC FOR SUPPLIES, STORAGE OR SHIPPING OR C OUTDOOR STORAGE AND OPERATIONS.

EXAMPLES INCLUDE HEAVY MANUFACTURING, STORAGE, MAJOR FREIGHT TERMINALS, WASTE AND SALVAGE, DISTRIBUTION CENTERS, PROCESSING, AND OTHER RELATED USES.

WE ARE NOT SEEKING TO DO ANYTHING THAT INVASIVE OR ANYTHING WITH THAT TYPE OF IMPACT ON THE SURROUNDING COMMUNITY.

WHAT WE'RE PROPOSING TO DO IS ABOUT 4 OR 5 TRUCKS THAT'LL BE MAYBE 12 TRIPS A DAY, IS WHAT MR. BANNER ESTIMATES THAT'S HIS BUSINESS MODEL.

AND THEY WILL GO AND HAUL C AND D DEBRIS DURING THE DAY.

THEY COME BACK EMPTY.

THAT'S THE BUSINESS MODEL.

I COULD GET INTO THE WEEDS ON THE CODE.

I CAN TRY AND GIVE YOU THE CLIFF NOTES IF YOU'D LIKE TO HEAR IT, BUT REALLY IT COMES DOWN TO SECTION 10-2.3 OF THE LDC OF THE CITIES CODE. IT PROVIDES FOR WASTE AND SALVAGE, AND IT REFERS TO BROWARD COUNTY'S M3 INTENSE MANUFACTURING INDUSTRIAL DISTRICT FOR ADDITIONAL USES PERMITTED UNDER THAT SECTION.

ONCE YOU GO TO BROWARD COUNTY, IT LISTS IT HAS THOSE OTHER TYPES OF USES.

AND IT SAYS IF YOU'RE A SANITATION COMPANY, THEN YOU'RE SUBJECT TO THE PROXIMITY WAIVER REQUIREMENT UNDER 39-313Q.

WE ARE NOT BECAUSE WE'RE NOT A SANITATION COMPANY.

AND JUST A REMINDER FOR THE COMMISSION, THIS IS A SPECIAL EXCEPTION APPROVAL.

I SAID IT ONCE. I'LL SAY IT AGAIN.

THE APPLICANT IS HERE IN GOOD FAITH.

HAPPY TO ACCOMMODATE ANY REQUESTS.

SO WITH THAT, I'LL TURN IT OVER TO MR. BANNER TO GIVE ANY OTHER THOUGHTS THAT HE HAS.

THANK YOU. UNLESS THERE ARE QUESTIONS, OF COURSE.

I'M NOT SEEING ANY QUESTIONS FOR THE ATTORNEY.

OKAY. THANK YOU. COMMISSION.

ACTUALLY, NO. WE SEEM TO HAVE QUESTIONS FOR THE ATTORNEY.

ARE YOU WAITING FOR MR. BANNER? WHOEVER CAN ANSWER IT.

BUT FIRST OF ALL, I JUST HAVE A QUESTION FOR CITY CLERK.

THANK YOU, MAYOR. CAN YOU JUST PUT FOR THE RECORD THAT COMMISSIONER BOLTON HAS NOT VOTED FOR THE LAST TWO ITEMS, AND HE WALKED AWAY WITHOUT BEING EXCUSED OR NOR LETTING ANYONE KNOW WHY HE LEFT.

THANK YOU. QUICK QUESTION.

SO I KNOW IT'S AN INDUSTRIAL AREA.

AND IT'S, YOU KNOW, IT'S BUSY.

IT'S THAT'S WHAT IT IS.

HAVE MAYBE A CITY MANAGER OR MISS MAXINE.

[02:00:02]

HAVE WE DONE A NOISE STUDY WITH DECIMALS ON ON THAT AREA? NO. MAXINE CALLOWAY.

FOR THE RECORD, DEPUTY CITY MANAGER.

NO, WE HAVE NOT CONDUCTED A NOISE STUDY.

AND JUST FOR THE RECORD, SINCE I'M HERE, JUST WANT TO PUT INTO THE RECORD THAT THE STAFF IS PROPOSING OR APPROVAL OF THIS ITEM, SUBJECT TO FOUR CONDITIONS THAT ARE INCLUDED IN YOUR PACKET.

AND I KNOW THAT THE ATTORNEY REFERENCED THAT THIS IS A SPECIAL EXCEPTION, WHICH MEANS THAT YOU HAVE THE ABILITY TO ATTACH ADDITIONAL CONDITIONS IF THE APPLICANT SO AGREE.

BUT I JUST WANT TO PUT ON THE RECORD THAT IT'S SUBJECT TO FOUR CONDITIONS IF THIS BODY WILL BE APPROVING THE ITEM.

MADAM MAYOR, IF I MAY, IT WOULD BE MORE APPROPRIATE IF WE ALLOW THE APPLICANT TO FINISH THEIR PRESENTATION.

I BELIEVE THAT THE OWNER OF THE PROPERTY OR THE PERSON WHO'S BUYING THE PROPERTY OR LEASING IT, I DON'T KNOW, WANTS TO SPEAK, SO LET'S.

CAN WE JUST LET THEM FINISH? I DIDN'T REALIZE THEY WERE NOT FINISHED.

THEY'RE NOT DONE. AND THEN HOLD YOUR QUESTIONS.

AND THEN IF YOU HAVE QUESTIONS, WE CAN WAIT FOR STAFF.

STAFF MAY ANSWER SOME OF THE QUESTIONS THAT YOU MAY HAVE.

YEAH, I JUST DIDN'T I DIDN'T REALIZE THAT THEY WERE NOT DONE.

I THINK THE QUEUE WAS IF YOU HAVE ANY QUESTIONS FOR ME.

SO THAT KIND OF LED US DOWN THIS PATH.

SO THAT WAS MY FAULT. BUT IT'S ALL GOOD.

IT'S ALL GOOD. SO IF WE WOULD HAVE MR. BANNER COME UP, WE'LL LET YOU FINISH YOUR PRESENTATION AND THEN WE'LL GO TO THE CITY'S.

SOUNDS GOOD, MADAM MAYOR.

AND I THINK MR. BANNER, WOULD BE HAPPY TO ANSWER QUESTIONS AS [INAUDIBLE] COMMISSION.

SO HE DOESN'T WISH TO SPEAK OR YOU DON'T WISH TO SPEAK? NO PRESSURE. I'LL JUST SAY THANK YOU.

I'LL JUST SPEAK, OKAY? YEAH. THANK YOU.

JAMES BANNER, FOR THE RECORD, THANK YOU FOR THE OPPORTUNITY.

YEAH. WE WERE VERY EXCITED TO BE ABLE TO BUY THIS PROPERTY.

WE TRIED TO BUY IT FROM THE GENTLEMAN FOR A LONG TIME.

HE KEPT MOVING THE PRICE ON US AND IT WAS ABOVE WHAT WE COULD AFFORD.

WE TOOK A NOTE WITH HIM, BUT WE WERE VERY EXCITED TO MOVE INTO THE LOCATION AND BE A TENANT.

AND FROM THE DAY WE GOT THERE, WE REALLY WORKED HARD TO BETTER THE PROPERTY AND CLEAN IT UP AND, YOU KNOW, DO EVERYTHING RIGHT.

AND I UNDERSTAND THEIR CONCERNS, YOU KNOW? BUT IF I DON'T DUMP THOSE CANS BEFORE THEY COME BACK IN, I CAN'T BILL THE CUSTOMER.

SO, YOU KNOW, THERE'S NO REASON FOR THEM TO, TO HAVE TO.

I MEAN, AGAIN, I WOULD BE IN THE SAME POSITION TO THEM.

YOU KNOW, I'M A LITTLE NERVOUS.

YEAH, I KNOW, I KNOW, BUT IT'S, YOU KNOW, THIS HAS BEEN GOING ON FOR A LONG TIME AND, YOU KNOW, PAYING RENT IN THE OTHER LOCATION.

AND IT'S JUST, YOU KNOW, IT'S EXHAUSTING BECAUSE IT'S A TOUGH BUSINESS THAT WE'RE IN.

THERE'S A LOT OF REGULATIONS.

THERE'S A LOT OF A LOT OF PEOPLE OUT THERE.

THERE'S, YOU KNOW, WE'RE TRYING TO DO THE BEST WE CAN ON THE WEST COAST TO HELP OUT WHEN WE CAN.

YOU KNOW, WE TRY TO DONATE SOME TIME TO FEMA.

AND, YOU KNOW, I'M NOT HERE TO SAY WE'RE, YOU KNOW, CHOIRBOYS AND DESERVE IT FOR THAT.

BUT IT'S A HARD BUSINESS.

AND THIS HAS BEEN A LITTLE BIT OF A DRAINING PROCESS.

AND, YOU KNOW, ALL WE WANT TO DO IS BE GOOD TENANTS AND GOOD STEWARDS AND, YOU KNOW, BUILD VALUE FOR MY FAMILY, BUILD VALUE FOR THE EMPLOYEES AND THE CITY ANY WAY WE CAN.

AND I'LL JUST LEAVE IT AT THAT.

THANK YOU FOR ANY DECISION YOU MAKE.

SO NOW WE ARE AT THE POINT WHERE WE CAN HAVE THE CITY MANAGER, THE ASSISTANT, THE DEPUTY CITY MANAGER.

SORRY, I STILL GET YOUR TITLE.

THE DEPUTY CITY MANAGER ENTERING YOUR PRESENTATION TO THE RECORD OR DELIVER IT TO THE COMMISSION.

THEN WE'RE GOING TO GO TO PUBLIC COMMENTS AND THEN WE GO TO THE COMMISSION.

IT'S A DUPLICATION, MAYOR.

SO WE'LL JUST ENTER OUR PRESENTATION INTO THE RECORD AND STAND AVAILABLE TO ANSWER ANY QUESTIONS.

ALL RIGHT. THANK YOU.

SO AT THIS TIME NOW SINCE THIS IS A QUASI JUDICIAL THIS IS A PUBLIC HEARING, I HAVE A COUPLE PEOPLE WHO WERE ON THE LIST FROM EARLIER.

CITY CLERK. DO WE HAVE ANY AFFECTED PARTIES? NO, MADAM MAYOR, I HAVEN'T RECEIVED ANY APPLICATIONS.

OKAY. IF I SAY YOUR NAME WRONG, I JUST BEG FOR FORGIVENESS.

I'M CAN'T READ SOME OF THE HANDWRITING, BUT FIRST, ON THE RECORD I HAVE, I BELIEVE IT'S O'TAYLOR.

ALL RIGHT. GOT IT RIGHT THIS TIME.

O'TAYLOR. AND THEN ANDREW.

THERE'S NO WAY.

ANDREW, I CAN READ YOUR HANDWRITING TO KNOW WHICH [INAUDIBLE].

OKAY. SORRY ABOUT THAT, I SHOULD KNOW.

ALL RIGHT.

THANK YOU. MAYOR GOMEZ.

COMMISSIONER VILLALOBOS AND COMMISSIONER DANIEL.

[02:05:02]

MY NAME IS ORIN TAYLOR.

I'M SPEAKING ON BEHALF AS A HOMEOWNER AND AT TUSCAN VILLAS.

I'M SPEAKING AS A CONCERNED RESIDENT AND THE HOMEOWNER.

TO OPPOSE THIS SPECIAL EXCEPTION REQUEST BY BANNER YARD NORTHWEST 55TH COURT, LLC, FOR A CONCRETE AND DEBRIS HAULING FACILITY NEAR THE RESIDENTIAL NEIGHBORHOOD.

AFTER REVIEWING THE APPLICATION, WE BELIEVE OR I BELIEVE THE PROPOSED DEVELOPMENT WOULD HAVE SIGNIFICANT NEGATIVE IMPACTS ON OUR COMMUNITY FOR THE FOLLOWING REASONS. PROXIMITY TO RESIDENTIAL AREAS AND INCONSISTENT USE.

THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 165FT FROM THE RESIDENTIAL ZONE DISTRICT, FAR CLOSER THAN THE 500 FOOT BUFFER MANDATED BY BROWARD COUNTY'S CODE OF ORDINANCE FOR SANITATION AND RELATED BUSINESSES.

DESPITE THE APPLICANT'S CLAIM THAT THE OPERATION ONLY INVOLVES EMPTY CONTAINERS, THE NATURE OF THE BUSINESS HAULING, CONSTRUCTION AND DEMOLITION DEBRIS WILL EVENTUALLY BRING TRAFFIC NOISE AND POTENTIAL DUST POLLUTION.

THIS PROXIMITY VIOLATES LOCAL CODES, WHICH EXIST TO PROTECT RESIDENTIAL NEIGHBORHOODS FROM INDUSTRIAL ENCROACHMENT.

A WAIVER OF THIS REGULATION IS NOT JUSTIFIED GIVEN THE POTENTIAL HARM TO RESIDENTS QUALITY OF LIFE, PUBLIC SAFETY, PUBLIC HEALTH, AND SAFETY RISKS. WHILE THE APPLICANT ASSERTS THAT NO ADVERSE EFFECTS ARE ANTICIPATED, THE OPERATION OF A DEBRIS HAULING FACILITY ADJACENT TO HOMES INTRODUCES HEALTH AND SAFETY RISKS.

THE PRESENCE OF LARGE TRUCKS TRANSPORTING POTENTIAL HAZARDS.

HAZARDOUS MATERIALS. POTENTIALLY HAZARDOUS MATERIALS RAISES CONCERNS ABOUT INCREASED TRAFFIC, AIR QUALITY AND DUST PARTICLES, AND NOISE POLLUTION.

THIS MITIGATION MEASURES MENTIONED, SUCH AS VISUAL BUFFERS, DO NOT ADDRESS THE CORE ISSUES OF NOISE, AIR QUALITY AND TRAFFIC SAFETY.

THIS PROPOSAL COULD HARM THE WELL-BEING OF FAMILIES IN THE AREA, INCLUDING CHILDREN AND THE ELDERLY, WHO ARE MOST VULNERABLE TO ENVIRONMENTAL HAZARDS. TRAFFIC AND CONGESTION.

THE OPERATION OF A WASTE HAULING FACILITY WILL LEAD TO AN INCREASE IN HEAVY VEHICLE TRAFFIC ALONG NORTHWEST 55TH COURT AND SURROUNDING STREETS, WHICH ARE NOT DESIGNED TO HANDLE FREQUENT INDUSTRIAL TRAFFIC.

THE RESULTING CONGESTION WOULD EXACERBATE TRAFFIC CONCERNS FOR NEARLY RESIDENTS.

NEARBY RESIDENTS, POTENTIALLY LEADING TO ACCIDENTS AND SAFETY HAZARDS, ESPECIALLY FOR PEDESTRIANS.

THE APPLICANT'S PROPOSED TRAFFIC.

IS THAT TIME? OKAY. ALL RIGHT.

THAT IS. THAT IS YOUR THREE MINUTES.

THANK YOU. THANK YOU VERY MUCH.

ANDREW ARENAS, IF YOU WOULD, PLEASE.

AND I DON'T BELIEVE I HAD ANYBODY ELSE SIGNED UP.

BUT IF THERE'S ANYBODY ELSE WHO WISHES TO SPEAK, I JUST NEED YOU TO RAISE YOUR HAND, AND THEN YOU'LL COME NEXT.

AND IF YOU WERE NOT SWORN IN, YOU'D HAVE TO BE SWORN IN.

YOU WERE SWORN IN, CORRECT? WE DON'T DO FOR THE PUBLIC.

OKAY. NEVER MIND.

GOOD EVENING, LADIES AND GENTLEMEN.

I'M GOING TO BE A LITTLE LESS ELOQUENT THAN THE GENTLEMAN BEFORE ME.

BECAUSE OF MY YEARS IN AVIATION, I'VE BEEN TRAINED TO TELL PEOPLE WHAT TO DO, WHEN TO DO IT.

FIRST AND FOREMOST, MR. BANNER, NOBODY IS TRYING TO TAKE AWAY YOUR ENTREPRENEURIAL SPIRIT.

I APPLAUD YOU FOR THAT.

THE NEIGHBORHOOD IS AN INDUSTRIAL NEIGHBORHOOD.

IT HAS BEEN SINCE WE'VE BEEN THERE.

THERE ARE SOME PROBLEMS THAT THIS IS IT'S TOO CLOSE.

THE 500 FOOT BARRIER IS IN PLACE BECAUSE OF AIR QUALITY, CONSTRUCTION DEBRIS.

I DON'T CARE WHAT YOU CALL IT, ISN'T SANITARY.

THERE'S ALWAYS GOING TO BE A HEALTH RISK.

NOW YOU'RE GOING TO TRANSPORT THIS BY LARGE TRUCKS USING DIESEL FUEL.

WELL, THEY LEAK OIL, THEY LEAK FUEL.

THESE THINGS COULD FILL WITH RAIN.

WHAT'S IN THEM COULD WASH OUT.

A LOT OF THAT GOES ON MY YEARS OF AVIATION, I'VE SEEN THINGS THAT, YOU KNOW, YOU WOULD THINK WOULD BE INNOCUOUS, AND IT TURNS OUT TO BE A DISASTER.

BUT THE WORST PROBLEM IS WHAT THIS IS GOING TO DO WITH A BUFFER OF A HEDGE OR ANYTHING ELSE.

IT'S GOING TO REDUCE THE VALUE OF OUR PROPERTY.

NOW, WE KNOW THE COMMUNITY'S BEEN THERE.

WE SAW THE MAPS, BEAUTIFULLY DONE.

BUT AT SOME POINT YOU CAN'T LET THE COMMUNITY ITSELF BE AFFECTED.

THERE ARE CHILDREN AT PLAY THERE.

PROSPECT ROAD THAT IS GOING TO LEAD TO 55TH IS ALREADY A NIGHTMARE WITH SPEEDERS, WITH THE FACT THAT IT'S TWO LANES AND AND THE BACKUP IN THE MORNING IS INCREDIBLE. NOW ADD LARGE CONSTRUCTION TRUCKS TO THAT AND IT'S GOING TO MAKE IT EVEN MORE IMPOSSIBLE.

I AM ONLY HERE ABOUT SEVEN MONTHS A YEAR, SO I DON'T REALLY HAVE A PROBLEM WITH, YOU KNOW, THE TRAFFIC THAT I

[02:10:10]

SEE. BUT IT'S ONLY GETTING WORSE AND [INAUDIBLE].

THIS IS WHAT WE WANT.

WE WANT INDUSTRIAL SITES TO GROW OR DO WE WANT THEM TO, YOU KNOW, CLOUD BUSINESS? NO, WE NEED IT TO BE EQUITABLE TO EVERYBODY.

162FT IS TOO CLOSE.

500FT WAS PLACED FOR A REASON.

THERE'S OBVIOUSLY WHAT IT'S THERE FOR.

IT'S TOO CLOSE. SANITARY? ABSOLUTELY NOT.

SO WHATEVER THE COMMISSION DOES, THAT'S UP TO YOU.

I FIND IT ODD THAT MR. BOLTON IS NOT IN THE ROOM.

ESPECIALLY WHEN THIS IS HIS AREA OF THE COUNTY.

AND I'M NOT GOING TO SPEAK ILL OF ANYONE, BUT IT IS AWFULLY STRANGE NOW BUSINESS IS BUSINESS, BUT WE LIVE THERE.

WOULD YOU WANT THIS NEXT TO YOUR HOUSE? BECAUSE IF WE LOSE PROPERTY VALUE WHO'S GOING TO REPLACE IT? SUING FOR THE DEVALUATION OF PROPERTY CAN HAPPEN TO THE COUNTY, THE CITY, THE BUSINESSES.

IT DOES. IT CAN HAPPEN.

IT'S A FACT.

AND IF IT DOES HAPPEN, IT WILL COME BEFORE YOU AND YOU THE COMMISSION ALLOWING IT COULD BE NAMED AS PARTIES TO IT.

SO AS A RESIDENT, I JUST DON'T THINK YOU GUYS SHOULD ALLOW THE WAIVER.

I DON'T WANT TO SEE HIS ENTREPRENEURIAL SPIRIT BROKEN.

I DON'T WANT TO SEE ANYBODY'S BUSINESS GO OUT, BUT IT'S NOT SANITARY.

THANK YOU VERY MUCH. THANK YOU.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK ON THIS ITEM? SEEING NONE THEN PUBLIC HEARING IS NOW CLOSED.

RIGHT. YOU WERE NOT GETTING UP TO SPEAK.

OKAY. NOW WE'LL GO TO THE COMMISSION.

MISS KIMBERLY THROUGH THE CHAIR.

THANK YOU, MAYOR.

YOU SAID THERE WAS NO AFFECTED PARTIES.

I DID NOT RECEIVE ANY APPLICATIONS FOR AFFECTED PARTY.

WHAT DOES THAT MEAN? SO THERE'S A PROCESS.

IF INDIVIDUALS LIVE WITHIN A CERTAIN DISTANCE OF A SITE OR DEVELOPMENT, THEY FILE A AFFECTED PARTY APPLICATION WITH THE CITY CLERK'S OFFICE.

THEY DO SO WITHIN SEVEN DAYS OF THE HEARING OF THE ITEM.

JIM. THANK YOU.

JIM, CAN YOU PULL UP THE MAP WHERE THE PROPERTY IS LOCATED? I'LL TELL YOU WHEN TO STOP.

WHY ARE YOU RUNNING MY CLOCK KIM.

KIM. SHE'S WORKING.

OH. WHY ARE YOU RUNNING MY CLOCK? I'M SORRY. COMMISSIONER WHY ARE YOU RUNNING MY CLOCK? MY CLOCK IS RUNNING.

30S. I'LL GIVE YOU YOUR TIME BACK.

GIVE ME ANOTHER ONE.

THERE'S ANOTHER ONE.

IS THERE ANOTHER ONE? OKAY.

GO BACK. THAT ONE.

THAT ONE'S GOOD. YEAH.

SO ON THE SOUTH SIDE.

I'M SORRY. SORRY.

YOU'RE SAYING THAT YOU WILL HEDGE THE SOUTH SIDE OF THAT PROPERTY, WHETHER IT'S A HEDGE? YES. THIS IS. OH.

I'M SORRY. HOLD ON. BECAUSE YOU HAVE ANOTHER BUSINESS IN THE MIDDLE OF IT.

RIGHT. SO WE ARE MORE THAN WILLING TO EITHER HEDGE OR PUT A WALL HERE.

OKAY. THIS IS WHERE THE TUSCAN VILLAS COMMUNITY IS.

SO, YEAH, THIS IS NOT OUR PROPERTY AT ALL.

ANYONE STANDING ON THE SOUTH SIDE OF IT, CAN THEY SEE THE VILLAS? SO IF I'M STANDING FACING SOUTH ON YOUR PROPERTY, CAN THEY SEE.

THE HOMES? THE TOWNHOMES? I'M GOING TO DEFER TO MY WHICH IS.

THE SOUTH SIDE IS WHICH.

SO IF YOU ARE ON YOUR PROPERTY LOOKING DOWN.

YEAH. IF YOU'RE ON THAT PROPERTY YOU CAN'T EVEN SEE PAST 10 OR 15FT OF THAT PROPERTY.

THERE ARE SO MANY CONTAINERS AND THERE'S LIKE A FENCE AND A HALF BROKEN WALL AND SOME HEDGES THERE.

NOW YOU CAN'T EVEN SEE, BUT MAYBE 20FT INTO THE OTHER PROPERTY.

SO IF YOU PLACED A WALL PLUS HEDGING AN TREES, IT'S COMPLETELY GONE.

YOU WOULDN'T EVEN BE ABLE TO SEE THEIR PROPERTY.

OKAY. MISS MAXINE SAID THERE WAS NO NOISE ISSUE.

[02:15:01]

IT'S AN INDUSTRIAL AREA THERE'S GOING TO BE NOISE.

TIMES OF OPERATION.

WE STARTED ABOUT 6 A.M..

OH, SORRY. WE STARTED ABOUT 6 A.M..

THE TRUCK, THE TRUCKS LEAVE, AND THEN THEY COME BACK AROUND 3:03 P.M..

WOULD YOU BE AMENABLE TO CHANGING THAT TIME? THE EARLIER WE START, THE SOONER WE'RE OFF THE ROAD.

OKAY. IT WAS BROUGHT UP THAT TRAFFIC, DUST, PARTICLE NOISE POLLUTION AND ALL THAT. I KNOW THAT I MEAN, IT'S GOING TO OCCUR.

I DON'T SEE YOU SAID 12 TRUCKS ARE GOING TO BE PASSING IN AND OUT, MORE OR LESS.

POSSIBLY A COUPLE OF MORE THROUGHOUT THE DAY.

WHY WOULD THERE BE DUST PARTICLES? YEAH. WE HAVE FIVE TRUCKS THAT RUN OUT OF THE YARD THAT WE'RE CAN YOU SPEAK INTO THE MIC? WE HAVE FIVE TRUCKS THAT WE HAVE OUT OF THE YARD THAT WE'RE PLANNING TO MOVE.

IF IT'S APPROVED TO THIS SITE.

SO THEY LEAVE IN THE MORNING, AND THEN THEY MAYBE COME BACK ONCE OR MAYBE NOT.

AND THEN AT THE END OF THE DAY, THEY ALL COME BACK.

WHY WOULD THERE BE DUST? I MEAN, I DON'T KNOW.

I MEAN, THERE'S DUST ON THE ROAD, MAYBE.

I MEAN, THE TRUCKS DON'T CARRY.

WELL, I KNOW THAT AREA REALLY WELL.

I KNOW THAT THE ROAD IS ALREADY.

IT'S PRETTY DUSTY.

I MEAN, YOU HAVE A LOT OF TRUCKS GOING IN AND OUT OF THERE.

I KNOW THAT FOR A FACT.

TRAFFIC.

YOU KNOW, WHEN IT COMES TO TRAFFIC, I DON'T.

I'M NOT SEEING IT.

I'M NOT SEEING HOW TRAFFIC IS GOING TO BE INCREASED BY A FEW MORE TRUCKS ON THE ROAD.

THE NOISE POLLUTION.

MISS MAXINE SAID IT'S REALLY.

THE DECIMALS ARE NOT REALLY THERE.

I MEAN, THE ONLY CONCERN THAT I WOULD HAVE IS, IS 6 A.M..

BUT AT THAT TIME, EVERYBODY'S ALREADY WAKING UP, GETTING READY TO GO TO WORK AND GETTING READY TO TAKE THEIR KIDS TO SCHOOL.

SO I WAKE UP AT 4:00 IN THE MORNING.

I LEAVE MY HOUSE AT 7:00.

AND I'M ALREADY HEARING CARS PASSING BY AND EVERYTHING ELSE, SO IT'S.

AND NOW YOU HAVE A HEDGE WALL WITH POSSIBLY WITH TREES, WITH A BARRIER CONCRETE WALL. AND YOU ALSO HAVE ANOTHER BUSINESS SOUTH OF YOU.

AND TUSCANY VILLAS HAS HEDGING ALREADY ON THEIR PROPERTY.

I DON'T SEE HOW THE NOISE POLLUTION WOULD BE AN ISSUE.

I DON'T SEE HOW DUST WOULD BE AN ISSUE.

I DON'T SEE HOW TRAFFIC, AN INCREASE IN TRAFFIC WOULD BE AN ISSUE.

AND THAT'S REALLY MY ONLY CONCERNS.

I MEAN, UP TO 3 P.M..

THAT'S WAY BEFORE ANYBODY EVEN GETS OUT OF WORK.

THOSE ARE JUST MY COMMENTS.

I JUST WANTED TO TAKE BOTH PARTIES SIDE TO THIS.

MAY I ADD SOMETHING JUST REAL QUICK REGARDING THE DUST.

IF THE CONCERN HAD BEEN FROM, LET'S SAY, THE CONCRETE, REMEMBER THAT THESE DUMPSTERS ARE EMPTY WHEN THEY SHOW UP SO THERE WOULDN'T BE ANY MORE DUST BECAUSE THAT'S ON THE CONSTRUCTION SITE AND IN THE LANDFILL.

SO THAT WOULDN'T HAVE BEEN A CONCERN.

AND I DID ALSO WANT TO POINT OUT REGARDING THAT, THAT WAIVER THAT THE COUNTY CODE TALKS ABOUT.

IT'S VERY SPECIFIC TO SANITATION USES, WHICH THIS IS NOT.

IN OTHER WORDS, THAT WAIVER IS NO LONGER REQUIRED BEING REQUESTED.

IT'S NO LONGER AN ISSUE AT HAND.

THE 500 DISTANCE REQUIREMENTS.

SO THAT WAS ANOTHER THING YOU JUST BROUGHT UP THE SMELL.

THERE'S [INAUDIBLE].

SO IT'S CORRECT.

I THINK THE MAIN CONCERN THAT I READ ON A COUPLE OF SOCIAL MEDIA POSTS WERE WAS THE SMELL.

BUT THIS IS NOTHING.

IT'S IRRELEVANT AT THIS POINT.

CORRECT. OKAY.

THANK YOU FOR YOUR TIME. AND IF I HAVE ANY QUESTIONS, I'LL HAVE TWO MORE MINUTES LATER.

SO IT'S MY UNDERSTANDING THAT WHEN THE SITE WAS PURCHASED AND IT WAS IN TOTAL DISREPAIR BEFORE MY CLIENT, YOU KNOW, DID ALL OF THE CLEANING, THERE WAS SO MUCH ON THE SITE, PERHAPS THAT'S THERE MIGHT HAVE BEEN SMELLS, BUT RIGHT NOW THE SITE IS CLEAN, AND WE DON'T ANTICIPATE BRINGING ANYTHING ELSE THAT MIGHT PRODUCE THE ODORS.

SO THAT'S ALSO HOW YOU KNOW IT'S NOT AN ISSUE.

GOTCHA. AND THANK YOU FOR THAT CLARIFICATION.

AND JUST BECAUSE MAYOR, WE STARTED EARLIER COMMENTING ON THIS SITE, I JUST WANT TO MAKE SURE THAT THE CITY CLERK NOTES THAT

[02:20:08]

COMMISSIONER BOLTON WAS NOT HERE, NOR WAS EXCUSED, NOR HE EXPRESSED ANY CONCERNS OF EMERGENCIES.

AND HE THIS IS HIS SECOND ITEM FOR TONIGHT THAT HE DID NOT VOTE ON THIS ITEM.

ACTUALLY, THREE ITEMS AND 9A, 9B AND ALSO ON TO2575.

HE HAS A RESPONSIBILITY TO BE VOTING ON THESE ITEMS. IT'S A SHAME THAT HE IS NOT HERE TO VOTE ON THAT, ESPECIALLY IF IT'S HIS DISTRICT.

NO COMMENTS FROM.

YOU DON'T HAVE TO.

I'M GOING TO ASK FOR SOME CLARIFICATION ON THIS WAIVER.

THE CITY ANNEXED THIS PROPERTY IN 2010.

YES. AND IN 2010? YES, WE DID. IN 2010.

AND THE RULES OF THE COUNTY ARE BEING UTILIZED DUE TO.

PROCEED. AN ARRANGEMENT WITH THE COUNTY WHEN THE PROPERTY WAS ANNEXED.

SO IT'S IN COLLABORATION WITH OUR OWN CODE, SO WE ARE REQUIRED TO APPLY THE COUNTY CODE AS WELL.

OKAY. AND THIS WAIVER, EVEN IF IT DOESN'T EXIST, THAT'S WHAT I'M HEARING.

THE CITY STILL HAS A SPECIAL EXCEPTION IN OUR OWN RULES DUE TO THE CLOSE PROXIMITY TO HOUSING.

CORRECT. NOT NECESSARILY BECAUSE OF THE TYPE OF USE IN OUR CODE.

IN THE COUNTY CODE, AS THE COUNSELOR MENTIONED, IT'S PERMITTED BY RIGHT IN OUR CODE IS BY SPECIAL EXCEPTION.

AND TYPICALLY SPECIAL EXCEPTION ARE YOUR UNIQUE USES WHERE BECAUSE OF THE NATURE OF THE USE, YOU MIGHT WANT TO ATTACH ADDITIONAL CONDITIONS.

SO THE USE WOULD PERFORM WELL IN THAT AREA.

SO IT'S NOT NECESSARILY BECAUSE IT'S IN CLOSE PROXIMITY TO RESIDENTIAL.

IT'S THE NATURE OF THE USE.

IT'S LIKE ALL YOUR OTHER SPECIAL EXCEPTIONS.

OKAY, SO TAMARAC ACTUALLY RULES HERE.

IT'S BECAUSE IT'S A SPECIAL EXCEPTION IN OUR RULES AND HAS NOTHING TO DO WITH THE COUNTY.

YES, BUT WE STILL HAVE TO ADHERE TO.

YES, BUT IT'S PERMITTED BY WRITING THE COUNTY A SPECIAL EXCEPTION IN OUR CODE.

OKAY, SO IF I ALSO UNDERSTAND CORRECTLY, THIS PROPERTY WAS PURCHASED BY MR. BANNER FROM A PRIOR OWNER WHO HAD ALL THESE CODE VIOLATIONS ON THE PROPERTY.

IS THAT CORRECT? YOU WERE SAYING THAT THERE'S ALL THIS JUNK AND DEBRIS AND SPENDING 20 GRAND? WHAT? REFRESH ME THEN.

NO. NO CODE VIOLATIONS, MAYOR.

BUT THERE WERE A LOT OF ILLEGAL USES THAT WERE HAPPENING.

THERE WERE NO BUSINESS TAX RECEIPTS THAT WERE EVER OBTAINED.

SO THE PROPERTY WAS BEING ILLEGALLY USED BY THE PRIOR OWNER? CORRECT. CURRENT OWNER ACTUALLY PURCHASED THE PROPERTY BACK WITH A MONEY PURCHASE MONEY MORTGAGE FROM THE PRIOR OWNER.

RIGHT. YOU'RE PAYING THE PRIOR OWNER FOR YOUR MORTGAGE? YEAH. I BELIEVE THAT'S CORRECT.

I PAID 650.

OH, YOU DON'T HAVE TO TELL ME THE AMOUNT.

I KNOW IT'S A PUBLIC RECORD, BUT.

AND THEN I PUT UP HALF, AND HE GAVE ME A BALLOON MORTGAGE FOR TWO YEARS, WHICH IS COMING DUE NEXT YEAR.

SO SOME OF THIS AND YOU'RE PAYING.

OKAY. AND SOME OF THIS OF WHAT YOU ARE FACING IS DUE TO VIOLATIONS DUE TO THE PRIOR OWNER, AND YOU HAVE ASSUMED THE LIABILITY IN YOUR PURCHASE.

YEAH. I MEAN, WHEN WE WENT BY THERE WE DIDN'T WE SAW THE SITE, BUT THEY WEREN'T IT WAS HARD TO SEE IN THERE.

IT WAS SO MUCH STUFF THERE.

AND THEN AS WE STARTED TO UNCOVER, WE SAW PEOPLE LIVING THERE.

THEY PUT UP A DRAIN PIPE TO THE ROOF OF THE NEXT FOR FRESH WATER.

THERE WAS HUMAN FECAL MATTER.

THEY WERE RUNNING A MECHANIC SHOP AND YOU KNOW LESSON LEARNED ON MY PART.

A LITTLE BIT MORE DILIGENCE, MAYBE.

UNDERSTOOD. WELL, YOU HAVE A GOOD ATTORNEY WITH YOU NOW, I PRESUME? TWO GOOD ATTORNEYS WITH YOU.

ARE THESE DUMPSTERS WATERED DOWN AND CLEANED? I HEAR THAT THEY'RE DUMPED, BUT ANYBODY WHO'S EVER HAD A CONSTRUCTION PROJECT KNOWS VERY WELL THAT LUNCHTIME COMES AND WE'VE GOT A DUMPSTER HERE.

PITCH? YEAH.

SO HOW IS IT THAT IT COULD BE DUMPED? BUT IS IT CLEANED? YEAH. SO THE DUMPSTERS THEMSELVES, THEY GOT THEY'RE MADE OUT OF STEEL, AND THEN THEY'RE PRIMED AND PAINTED AND THEY'RE REGULARLY MAINTAINED.

THE DUMPSTERS THAT ARE USUALLY AT OUR SITE ARE USUALLY IN FOR REPAIR OR GOING, GOING BACK OUT THAT ARE COMING NEW FROM THE MANUFACTURERS.

THEY'RE REALLY NOT ALL OUR CUSTOMERS HAVE THE DUMPSTERS AND THEN WE MOVE THEM TO THE NEXT.

[02:25:05]

ARE THEY CLEAN REGULARLY? I WOULD SAY THEY'RE ONLY CLEAN WHEN THINGS ARE STUCK IN THEM, LIKE CEMENT AND TAR BUILDS UP IN THEM.

THEY DO HAVE HOLES IN THEM, SO THEY DRAIN FROM THE WATER THAT COMES.

BUT IN TERMS OF THEIR PAINTED ONCE IN A WHILE, I MEAN THEY NEED TO BE MAINTAINED.

THE LOCKS BREAK, THE THINGS HAPPEN TO THEM.

SO I DON'T KNOW IF I ANSWERED YOUR QUESTION, BUT.

YOU GOT THERE. YOU DID.

GUYS WANT TO ADD? ARE YOU GOOD? YOU GOOD? NO.

JUST WE APPRECIATE YOU HEARING THE APPLICATION.

AND AS THE DEPUTY CITY MANAGER DID NOTE, IF WE WERE GOING BY BROWARD COUNTY CODE FULLY, WE WOULD NOT BE HERE.

WE WOULD BE, YOU KNOW, JUST SUBMITTING AN APPLICATION ADMINISTRATIVELY FOR APPROVAL.

WE ARE HAPPY TO BE HERE.

WE'RE HAPPY TO CONSIDER WHATEVER CONDITIONS THE COMMISSION WOULD IMPOSE UPON AN APPROVAL.

I APPRECIATE THAT, AND WE'RE NOT TURNING BACK TIME.

YOU ARE HERE.

WE'RE HERE. WE'RE HERE.

GLAD TO BE HERE. AND WE'RE VERY HAPPY THAT WE ANNEXED THIS COMMUNITY AND THE REST OF THE OTHER PARTS THAT CAME WITH IT.

SO FORGIVE ME, BUT I DON'T CARE ABOUT BROWARD COUNTY'S PART OF IT.

I ONLY CARE ABOUT TAMARAC'S PART OF IT.

SO WE ARE HERE WITH THE FACT THAT WE ARE BEING ASKED FOR A SPECIAL EXCEPTION FOR 156FT AND FROM YOUR PROPERTY TO A RESIDENTIAL COMMUNITY.

SO THAT'S ONE THING I DO WANT TO CLARIFY BECAUSE A SPECIAL.

THE NUMBER IS WRONG? YEAH, I'LL STOP TALKING.

165 SPECIAL EXCEPTION IS FOR THE USE.

THERE IS NOT AN APPLICATION BEFORE YOU FOR ANY WAIVER.

YES. THERE'S NOT A WAIVER REQUEST.

THERE'S NOT A DISTANCE SEPARATION REQUEST.

IT'S ONLY THE USE FOR A HAULER FACILITY OR A HAULER USE.

THAT'S THE ONLY THING THAT'S BEING CONSIDERED IS TO USE.

SO THERE'S NO WAIVER, NO DISTANCE, NO FEET SEPARATION.

OKAY. VICE MAYOR.

QUICK QUESTION. YOU SAID ON THAT.

SO 500FT IS WHAT BROWARD COUNTY KIND OF CREATED TO KIND OF PROTECT PEOPLE FROM SANITATION ISSUES.

IS THAT THE COUNTY CODE? IS THAT WHAT YOU'RE SAYING? IF THE USE WERE A SANITATION USE, THEN THAT WOULD BE APPLICABLE.

SO I SAW IT SANITATION.

BUT SHE MENTIONED THAT IT'S A WASTE HAULER.

WHAT'S THE DIFFERENCE ISN'T WASTE SANITATION.

ISN'T IT JUST A PLAY ON WORDS.

NO NOT NECESSARILY BECAUSE THE SANITATION USE, THE WAY IT'S DEFINED.

IT'S MORE OF A SEWAGE TYPE OF PRIMARILY TYPE OF BUSINESS.

SO, SO IF IT WERE HAPPENING ON THE PROPERTY WHERE THEY ARE CONTROLLING, PROCESSING SEWAGE, TAKING IT OFF THAT TYPE OF SANITATION, THEN THAT WOULD BE THE USE BECAUSE IT'S A HAULER WASTE HAULER, WHICH IS WHY WE WERE VERY DISTINCTIVE IN SEPARATING THE USE AND MAKING SURE THAT THEY ADD REMOVED SANITATION ENTIRELY.

AND THE SPECIAL EXEMPTION.

SO WE HAVE THE POWER TO DECIDE IF WE WANT IT OR NOT.

WE DON'T HAVE TO NECESSARILY FOLLOW THE COUNTY CODE IN TERMS OF THAT 500FT THAT THAT DOESN'T TAKE PRECEDENT? IN TERMS OF LIKE THE MAYOR JUST MENTIONED, WE AS A CITY TAMARAC WE CAN CREATE OUR OWN RULES IN THE SENSE THAT IF THE BECAUSE THE RESIDENTS SAID THAT THEY DON'T WANT IT, WE CAN SAY, OKAY, WE DON'T WANT TO WE DON'T WANT TO APPROVE IT.

YEAH. WE DON'T WE DON'T NECESSARILY HAVE TO PLAN WORDS, LEGAL WORDS LIKE SANITATION AND WASTE.

WE CAN SAY, OKAY, WE'RE NOT GONNA HAVE SOMETHING 165FT THAT DEALS WITH TRASH.

IT'S STILL TRASH. IT'S STILL WASTE.

IT'S STILL MUCKY STUFF THAT'S CLOSE TO A RESIDENTIAL COMMUNITY.

SO. SO WE STILL HAVE THE POWER TO MAKE THAT DECISION.

CERTAINLY UNDER THE CODE.

YES. THAT'S WHY IT'S BEFORE YOU.

YOU HAVE THE POWER TO APPROVE OR DENY ANY SPECIAL EXCEPTION.

USE. I JUST WANT THE RECORD TO BE CLEAR THAT YOUR DELIBERATION IS ONLY ON THE USE, AND WHETHER OR NOT YOU BELIEVE IT'S APPROPRIATE BASED ON THE STANDARDS OF THE CODE TO ALLOW THE USE ONLY.

OKAY, I JUST WANTED TO CLARIFICATION BECAUSE I SAW I READ SOMETHING IN HERE THAT SAYS BROWARD COUNTY CODE DOESN'T APPLY BECAUSE IT'S A WASTE HAULER AND NOT A SANITATION COMPANY. SO THAT NECESSARILY SO I DON'T GET WHY THAT'S AN ARGUMENT IN THIS WHOLE PROCESS IF IT DOESN'T APPLY TO US.

MAY I. NO IT'S ONLY THE DISTINCTION OF THE USE.

SO WHAT I'M SAYING THE USE BEFORE YOU IS NOT A SANITATION USE.

IT'S A WASTE HAULER USE AS A SPECIAL EXCEPTION.

SO UNDER YOUR CODE YOU HAVE A LIST OF USES.

IT'S EITHER PERMITTED BY RIGHT.

AND SO WE'RE NOT HERE OR IT'S A SPECIAL EXCEPTION USE MEANING THAT IT'S UNIQUE IN NATURE AND IT'S LISTED IN YOUR CODE AS SPECIAL EXCEPTION.

[02:30:04]

THEN THERE ARE CRITERIA THAT HAS TO BE MET, AND THEN YOU DELIBERATE ON THE USE.

AND SO YOU DETERMINE IF YOU WANT THAT USE AT THAT LOCATION OR NOT BASED ON THE QUASI JUDICIAL STANDARDS.

OKAY. OKAY. PERFECT.

IF I COULD JUST ADD TO THAT, VICE MAYOR, WHEN WE SAID THAT BROWARD COUNTY CODE OF ORDINANCES DOESN'T APPLY, WE SIMPLY MEANT FOR PURPOSES OF THE PROXIMITY WAIVER REQUIREMENT THAT WE DON'T NEED TO SEEK A WAIVER BECAUSE WE DON'T QUALIFY AS A SANITATION COMPANY.

SANITATION I HAD THIS IS NEW TO ME TOO.

I GRAPPLED WITH IT. SANITATION PICTURE FLIES, HOT GARBAGE.

HOUSEHOLD GARBAGE.

THINGS THAT WOULD EMANATE ODOR FROM FROM A PROPERTY.

THAT'S NOT WHAT'S HAPPENING HERE.

HERE IS CONSTRUCTION DEMOLITION DEBRIS.

SO THAT'S ITS OWN TYPE OF WASTE.

WE THINK OF WASTE AS A LARGE UMBRELLA.

AND UNDER THAT UMBRELLA ARE THE SUBCATEGORIES OF WASTE CONSTRUCTION AND DEMOLITION DEBRIS.

WE'RE TALKING ABOUT WOOD STEEL THINGS THAT YOU WOULD SEE FROM A DEMO.

RIGHT. SO THAT'S NOT GOING TO BE EMITTING THE SAME ODOR, ODORS OR ANYTHING OF THAT NATURE.

PLUS, YOU TAKE THE FACT THAT WE HAVE EMPTY DUMPSTERS BEING STORED ON PROPERTY, AND THE APPLICANT WOULD ABSOLUTELY AGREE TO A CONDITION OF APPROVAL FOR SPECIAL EXCEPTION APPROVAL THAT LIMITS THE HAULING TO CONSTRUCTION AND DEMOLITION DEBRIS AND NOT TO SANITATION WASTE.

SO YOU DON'T THINK ON A CONSTRUCTION SITE PEOPLE ARE GOING TO PUT FOOD AND DRINKS, AND REMNANTS OF THAT STUFF IS STILL NOT GOING TO BE SMELLING FROM THOSE ITEMS. I THINK THAT IF THAT HAPPENS, THEN THEN MY CLIENT WOULD GET CITED FOR VIOLATING THE CODE, OR WE COULD HAVE THAT WRITTEN INTO THE APPROVAL AS A CONDITION.

AND HE JUST MENTIONED THAT THEY DON'T CLEAN THEM.

IT HAS TO BE LIKE A DRACONIAN SITUATION WHEN THEY DO CLEAN, CLEAN THOSE HAULERS.

IS IT DRACONIAN? WELL, SO THE CONCERN IS COMMON SENSE, RIGHT? YOU'RE AT A CONSTRUCTION SITE, SOMEBODY THROWS A BAG OF FOOD IN.

WE DON'T BRING ANYTHING BACK TO THE SITE.

THE ONLY WAY WE GET PAID IS WE DUMP IT.

IF WE DON'T DUMP IT, WE DON'T GET PAID.

SO THERE'S SO THEY THROW A KENTUCKY FRIED CHICKEN AND AT LUNCH AND BUT WE GO DUMP IT.

IF WE DON'T DUMP IT WE CAN'T EARN OUR.

THE RENTAL IS NOT COMPLETED UNTIL THE FINAL TONNAGE IS WEIGHED.

SO UNLESS WE DUMP IT COMPLETELY.

SO IF I PUT TRASH IN MY TRASH BIN EVERY NIGHT WITH A TRASH BAG, AND I DUMP THAT TRASH EVERY NIGHT AND I BRING IT BACK HOME, IT'S STILL GOING TO SMELL LIKE TRASH.

IT'S STILL GOING TO HAVE REMNANTS AND SMELL LIKE TRASH.

AND NOT TO BE A WISE GUY, BUT THEY HAVE TRASH BINS AND COLLECTIONS IN THEIR OWN NEIGHBORHOOD THAT STORE TRASH.

ACTUAL TRASH.

THANK YOU. MAYOR. I THINK JUST FOR CLARITY.

FOR WHAT YOU WHAT YOU JUST SAID RIGHT NOW IS I'M DOING A DEMOLITION ON A PROPERTY.

WASTE MANAGEMENT IS RESPONSIBLE FOR THAT SANITARY SANITATION PART OF IT, RIGHT? BECAUSE WHATEVER.

YOU GUYS DO THE DEMO AND THEN YOU'RE SEPARATING IT.

YOU'RE THROWING AWAY GARBAGE WHERE IT'S GARBAGE GOES AND YOU'RE THROWING AWAY YOUR DEMO MATERIAL WHERE IT GOES.

AND THAT'S YOUR ROW IS THIS PART HERE WHERE IT'S JUST DEMO, NOT WASTE MANAGEMENT'S PROBLEM.

TO EVEN TAKE IT FURTHER IF MY GUYS SEE THINGS LIKE PAINT OR TIRES OR MATTRESSES WHICH WERE NOT SEPARATED.

THEY TAKE IT OUT AND LEAVE IT FOR WHOEVER THE RESPONSIBLE PARTY IS, WHICH IS WASTE MANAGEMENT.

IN MOST CASES, THEY'RE PRETTY MUCH.

FOR US AS WASTE MANAGEMENT.

GOT IT. SO WHERE ARE THEY SEPARATING THIS? SO WHEN YOU MEAN WHERE DOES WASTE MANAGEMENT SEPARATE? SO IF I HAVE A DUMPSTER AND I'VE THROWN MY TIRES ON THE BOTTOM AND I'VE GOT PLENTY MORE GALLONS TO GO AND I'M THROWING STUFF ON TOP OF IT, HOW ARE YOU KNOWING ABOUT THE TIRES? SO WHEN WE GET TO THAT' VERY INSIGHTFUL.

WHEN WE GET TO THOSE PLACES LIKE WASTE MANAGEMENT AND IT GETS DUMPED LIKE THAT, THEY DO 1 OR 2 THINGS.

THEY EITHER YELL, KICK AND SCREAM, BUT THEY KNOW IF IT WAS AT THE BOTTOM THAT WE CAN'T SEE AT THE BOTTOM, OR THEY ACTUALLY MAKE US TAKE IT BACK TO THE SITE.

BUT MOSTLY THEY JUST YELL, KICK AND SCREAM.

AND THEY HAVE ALL THESE ULTERIOR PILES BECAUSE THEY'RE ONLY ALLOWED A CERTAIN PORTION OF THAT KIND OF WASTE IN THEIR FACILITIES.

THERE'S REALLY A DIFFERENTIATION BETWEEN THE MSW AND ALL THE REST, AND THEY DO THE BEST THEY CAN TO.

[02:35:02]

YEAH.

WHAT DID HE SAY? THAT'S THE THAT'S LIKE THE CLASS THREE WASTE.

THAT'S TRASH.

AND WHILE I WOULD ALSO SAY THAT THERE MIGHT BE A GARBAGE CONTAINER LOCATED ON THE PROPERTY IN WHICH THERE'S CONSTRUCTION BEING DONE, BUT THE CONSTRUCTION PERSONNEL ARE NOT PUTTING THEIR PERSONAL GARBAGE INTO THE RESIDENCE OR THE BUSINESS'S GARBAGE CANS.

AND I'M LOOKING AT YOUR WEBSITE VERY NICE.

BUT I WILL ALSO SAY KEEP SCRAPS AND WASTE ORGANIZED AT YOUR CONSTRUCTION SITE.

CONSTRUCT THAT WAS FOR COMMERCIAL DUMPSTERS, CONSTRUCTION DUMPSTERS, DUMPSTERS.

PICK UP THE WASTE, KEEPS SCRAP AND WASTE ORGANIZED.

WE'RE TALKING ABOUT WASTE.

IT'S REALLY GOING TO BE VERY HARD FOR US TO SAY TO, YOU KNOW, WASTE WHEN YOU ADVERTISE.

ARE YOU GOING TO SEPARATE IT OUT JUST FOR TAMARAC? I DON'T WANT TO SOUND LIKE A KILLJOY TO YOUR BUSINESS, AND I DO LIKE THE ENTREPRENEURIAL SPIRIT, BUT IT'S A BALANCING THING HERE RIGHT NOW.

AND SO THAT'S WHY IT'S A SPECIAL EXCEPTION.

YEAH. ANYBODY ELSE HAVE ANYTHING TO SAY? NO. ALL RIGHT.

WE'RE GOING TO CALL THE QUESTION.

VICE MAYOR WRIGHT. NO.

NO. COMMISSIONER BOLTON IS ABSENT.

YES.

MAYOR GOMEZ.

MOTION FAILED 2 TO 2.

ALL RIGHT. THANK YOU.

POINT OF CLARIFICATION, MAYOR.

CAN YOU EXPLAIN TO THIS THE APPLICANT WHAT THE PROCESS IS FOR HAVING ONE OF OUR MEMBERS BEING ABSENT INTENTIONALLY? WITHOUT THE LAST WORD IN THERE? BASICALLY, YOU CAME TO A COMMISSION MEETING WHERE YOU HAD FOUR MEMBERS OF THE COMMISSION WHO HEARD YOUR ITEM, AND IT'S A 2 2.

AND WHEN IT'S A 2 2, IT GOES TO A DECLINE.

OKAY. THANK YOU.

THANK YOU. THANK YOU.

ONE MORE THING, MAYOR. ON THIS.

SO WHAT HAPPENS TO THE PROPERTY AT THIS POINT? MR. BANNER IS STILL THE OWNER OF THE PROPERTY, AND MR. BANNER HAS AN ENTREPRENEURIAL SPIRIT.

AND MR. BANNER WILL FIGURE OUT WHAT TO DO WITH HIS PROPERTY.

THANK YOU. APPRECIATE IT.

THANK YOU. WE'RE NOW MOVING TO 9B TBO SORRY.

TBO 91.

CITY ATTORNEY, PLEASE READ THE TITLE FOR THE RECORD.

[9.b TBO91 - Board Order approving/denying Variance applications to allow for relief from the following sections of the City of Tamarac Code of Ordinance at 6800-6900 NW 88 Avenue, Tamarac, Florida 33321]

THIS IS A BOARD ORDER APPROVING OR DENYING VARIANCE APPLICATIONS TO ALLOW FOR RELIEF FROM THE FOLLOWING SECTIONS OF THE CITY OF TAMARAC CODE OF ORDINANCES AT 6800 THROUGH 6900 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321.

NUMBER ONE. SECTION 10-4.10EA TABLE 10- .4.12 FACADE SIGN.

STANDARDS. NUMBER TWO SECTION 10-.

4.10 E2B ROMAN NUMERAL SEVEN AND NUMBER THREE.

SECTION 10-.

4.10E1A. TABLE.

10-. 4.11 MONUMENT AND ENTRANCE SIGN STANDARDS.