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[00:00:02]

GOOD MORNING, EVERYBODY.

WELCOME TO THE VIRTUAL MEETING OF OUR REGULAR COMMISSION MEETING FOR MAY TWENTY SEVEN

[CALL TO ORDER:]

TWENTY TWENTY, IF YOU WOULD, CITY CLERK, PLEASE CALL THE ROLL.

COMMISSIONER GELEN. COMMISSIONER FISHMAN, GOOD MORNING TO YOU, MR. PLECO. GOOD MORNING.

VICE MAYOR BOLTON, GOOD MORNING.

AND MAYOR GOMEZ, GOOD MORNING.

IN ABSENCE OF COMMISSIONER GEHLEN DOING THE PLEDGE OF ALLEGIANCE TODAY, I WILL ASK COMMISSIONER FISHMAN. PLEASE LET US KNOW.

I PLEDGE ALLEGIANCE TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU VERY MUCH.

CITY ATTORNEY, IF YOU WOULD, WOULD YOU PLEASE REMIND EVERYBODY THE PROCEDURES FOR VIRTUAL COMMISSION MEETINGS? WELL, THANK YOU, MAYOR AND COMMISSION.

GOOD MORNING, EVERYONE, AND WELCOME TO WEDNESDAY.

AS YOU KNOW, SEVERAL MEETINGS AGO, THE CITY COMMISSION ADOPTED WHAT'S CALLED COMMUNICATIONS MEDIA TECHNOLOGY AS A PART AND PARCEL OF CONDUCTING PUBLIC MEETINGS WITH A VIRTUAL QUORUM, WHICH YOU HAVE TODAY.

SOME FOLKS ARE IN THE BUILDING.

SOME PEOPLE MAY NOT BE IN THE BUILDING, BUT THE END RESULT IS THAT BY VIRTUE OF THE ORDER ENTERED BY GOVERNOR DESANTIS NUMBER TWENTY TWO THOUSAND SIXTY NINE, IT IS CLEAR THAT THE LAW ALLOWS, BASED ON HIS EXECUTIVE ORDER TO CONDUCT CMT MEETINGS IN THE CONTEXT THAT WE CURRENTLY HAVE THEM. A COUPLE OF OBSERVATIONS JUST TO REMIND AMERICANS.

THERE ARE CERTAIN CONDITIONS WITH REGARD TO HOW WE CONDUCT THE MEETING.

THERE HAS BEEN A COMPLETE AND FULL PUBLIC NOTICE OF THIS MEETING, A VIRTUAL MEETING BEEN POSTED APPROPRIATELY BY THE CITY CLERK AND THE CITY ADMINISTRATION, CONSISTENT, WHICH AFTER ONE TWENTY OF THE FLORIDA STATUTES, MEMBERS OF THE COMMISSION STAFF MAY ATTEND, AS YOU KNOW, THROUGH A VIRTUAL PLATFORM.

TODAY, THE PLATFORM APPEARS TO BE MICROSOFT TEAMS, WHICH IS A FUNCTIONAL PLATFORM WHICH WE USE FOR EXECUTIVE TEAM MEETINGS.

AND TO THE EXTENT POSSIBLE, THE PHYSICAL QUORUM IS NOT REQUIRED.

BUT YOU HAVE, AS YOU KNOW, A VIRTUAL QUORUM WHICH WILL LEGALLY PERMIT MEETINGS TO CONTINUE TO CONDUCT PUBLIC BUSINESS.

CITY HALL IS CLOSED.

THE PRIMARY EMPHASIS OF THE CMT PROCEDURES, AS WE KNOW, IS TO PROVIDE PUBLIC ACCESS.

TO THAT EXTENT, PUBLIC ACCESS CAN BE OBTAINED IN SEVERAL DIFFERENT WAYS, AND IT'S IN THE NOTICES THEY MAY CALL IN AND ALSO WILL BE FIELDED BY THE CLERK AND BY IT TO MAKE SURE THAT PEOPLE KNOW THAT THEY CAN BE HEARD, PEOPLE CAN EMAIL THEIR CONCERNS, THEY CAN EMAIL THROUGH FACEBOOK, LIVE, ETC.

AND TO THE EXTENT POSSIBLE, THEY CAN ALSO LOG IN AND BE SEEN DEPENDING UPON THE ISSUE OR MATTER BEFORE THE COMMISSION.

ANY MEMBER OF THE PUBLIC THAT WISHES TO BE HEARD THROUGH THOSE PLATFORMS IS AVAILABLE AS AN ACCESS POINT. AS YOU KNOW, THIS IS NOT OUR FIRST RODEO WITH REGARD TO A VIRTUAL PUBLIC MEETING. AND THE CLERK IS A QUITE GIFTED IN THE CONTEXT OF HOW TO ACCESS THE PUBLIC IN THE PUBLIC TO ACCESS HER.

THE ACTIONS TAKEN BY THE COMMISSION, WHICH ARE SLIGHTLY DIFFERENT THAN THAN AND TYPICALLY THE CASE IS THAT ALL ACTION MUST BE BY A VOTE, NOT BY A VOICE VOTE, BUT BY A ROLL-CALL VOTE, BECAUSE THE RECORD NEEDS TO REFLECT EXACTLY WHAT'S OCCURRING.

AND THE PUBLIC HAS A RIGHT TO KNOW WHAT EACH ONE'S VOTE WOULD BE.

AND I KNOW THAT THE CLERK IS PRE DELIVERED TO THE MAYOR AND COMMISSION A ROLE SHEET THAT WILL GIVE YOU THE GUIDANCE UNDER THE CURRENT CODE OF CONDUCT OF THE CITY TO GET A PROCEDURE GO TO GET YOU THERE.

AND LASTLY, WHICH IS PROBABLY ONE OF THE MORE IMPORTANT ITEMS OF THE DISCUSSION IS, IS THAT IF AT ANY POINT DURING THE CITY COMMISSION MEETING, THE TECHNOLOGY FAILS OR IF THE TECHNOLOGY IS INSUFFICIENT TO PERMIT ALL INTERESTED MEMBERS OF THE PUBLIC TO ATTEND, THE CITY COMMISSION SHALL CEASE IMMEDIATELY UNTIL SUCH PROBLEMS HAVE BEEN RESOLVED.

WHAT DOES THAT MEAN? WHAT THAT MEANS IS YOU DON'T SHUT DOWN THE SYSTEM AND GO HOME.

WHAT IT MEANS IS THAT YOU, AS THE MAYOR, CAN CALL A RECESS TO TEMPORARILY ALLOW THE MATTER THAT THAT'S AT HAND, WHETHER IT'S A TECHNOLOGICAL DIFFICULTY OR AN ACCESS CHALLENGE FOR THE IT DEPARTMENT TO FIX THE PROBLEM SO THAT THE PUBLIC HAS A CONTINUOUS AND ONGOING RIGHT OF ACCESS TO THE PUBLIC'S RIGHT, WHICH IS THE PUBLIC MEETING ITSELF.

AND YOU ADOPTED THESE PROCEDURES VIA MOTION, NOT ON A ROLL CALL VOTE, BUT A VOTE THAT WAS TAKEN DIRECTLY. BUT FOR EACH ONE OF YOU REFLECTING THESE CONDITIONS, ONE QUICK CAVEAT, WHICH I THINK I CAN DO NOW WITH THE MAYOR AND CONDITION WILL PERMIT THE GOVERNOR TO SCANTEST ISSUED 20 DASH ONE 12 OVER THE PAST COUPLE OF WEEKS, WHICH CONTINUED THE VIRTUAL QUORUM CONCEPT.

BUT THAT ORDER WILL EXPIRE WHEN AS AN F TWENTY DASH FIFTY ONE AND 20 DASH FIFTY TWO, WHICH THE GOVERNOR'S EXECUTIVE ORDER IS DECLARING A STATE OF EMERGENCY WHEN THEY EXPIRE.

AND WE JUST DON'T KNOW WHEN THAT'S GOING TO HAPPEN.

BUT FOR THE NEAR TERM, VIRTUAL QUORUMS WILL CONTINUE UNTIL THE GOVERNOR OTHERWISE EITHER TERMINATES THE ORDER OR BY ITS OWN OPERATION OF LAW.

[00:05:03]

IT EXPIRES WITH AN X NUMBER OF DAYS.

YOU SHOULD KNOW THAT TWENTY ONE TWELVE HAS NO EXPIRY DATE, HAS NO EXPIRATION DATE, WHEREAS TWENTY, TWENTY, SIXTY NINE DID HAVE AN EXPIRATION DATE.

SO I SAY THAT ONLY TO THE EXTENT THAT WE SHOULD GET COMFORTABLE WITH THIS PROGRAM AND PROCESS, BECAUSE UNTIL THE GOVERNOR CHANGES DIRECTION, THIS IS WHAT WE HAVE IN THE CONTEXT OF PUBLIC MEETINGS AND PUBLIC ACCESS.

HAVING SAID THAT, I APPRECIATE THE TIME AND ATTENTION FOR ALL OF YOUR COMMITMENT HERE.

AND TO THE EXTENT I CAN ANSWER ANY QUESTIONS OR COMMENTS, I'M HAPPY TO TRY.

THANK YOU VERY MUCH. THANK YOU.

THANK YOU, MA'AM. WE HAVE NO PROCLAMATIONS OR PRESENTATIONS, SO WE'RE GOING TO GO TO

[a. Vice Mayor Bolton]

COMMISSION REPORTS VICE MAYOR BOLTON.

GOOD MORNING. I HAVE NOTHING TO REPORT OTHER THAN MEMORIAL DAY WAS LIKE NO OTHER, WE DID NOT EXPECT THAT MEMORIAL DAY COULD HAVE BEEN VIRTUAL.

I'VE MADE SURE THAT I WENT TO THE VETERANS PARK AND LAID A WREATH THERE.

WE POSTED THAT PHOTO ON SOCIAL MEDIA AND THE RESIDENTS WERE VERY, VERY HAPPY THAT THAT WAS ABLE TO BE DONE LAST WHELAN'S ON SATURDAY.

LAST WEEK, I WAS OUT AT CAPRARO APART, GIVING OUT MASKS AS WELL TO THE COMMUNITY.

LOTS OF THE RESIDENTS STILL DON'T HAVE MASKS.

THEY STILL DON'T FEEL SAFE.

AND SOME OF THEM HAVE TOLD ME THAT THEY ARE VERY ANXIOUS ABOUT OPENING, BUT THEY WANT TO OPEN SAFELY.

THEY DON'T FEEL LIKE OPENING RIGHT NOW IS NECESSARILY THE BEST IDEA.

NEVERTHELESS, I WAS THERE HANDING OUT MASKS TO THE RESIDENTS AND MAKING SURE THAT THEY ARE ARE KEPT SAFE.

TO MY FRIENDS IN TAMRAT WHO ARE MUSLIMS, I WANT TO, YOU KNOW, SEND GREETINGS TO THE RAMADAN ENDED.

AND SO I MADE RELEVANT POSTS ON FACEBOOK AS WELL REGARDING REGARDING THAT.

AND, YOU KNOW, OTHER THAN THAT, THAT IS THAT IS MY REPORT.

IF YOU WANT TO LEARN MORE ABOUT WHAT I'M DOING IN MY DISTRICT OR ON A CITY LEVEL, PLEASE GO TO MY FACEBOOK PAGE.

THAT IS FACEBOOK DOT COM FORWARD SLASH COMMISSIONER MARLAN BOLTON.

MY PERSONAL CELL PHONE NUMBER IS NINE FIVE FOUR TWO SEVEN FIVE THREE EIGHT FIVE ZERO.

AND MY OFFICE NUMBER IS NINE POINT FOUR FIVE NINE SEVEN THREE FOUR SIX THREE.

I WANT TO WISH EVERYONE A HAPPY MEMORIAL DAY AND WISH MYSELF A HAPPY BIRTHDAY ON SUNDAY.

THANKFULLY, I WILL BE HEALTHY FOR MY BIRTHDAY.

WE STICK THAT INTO EXISTENCE.

AND TO THOSE OF YOU WHO ARE FATHER'S DAY, YOU KNOW, FOR THOSE OF YOU WHO ARE FATHERS, YOU NEVER KNOW WHAT CAN HAPPEN BETWEEN MEETINGS.

SO I WANT TO TAKE THE LIBERTY TO WHICH ALL OF OUR RESIDENTS SUPPORT DADS.

HAPPY FATHER'S DAY WHEN IT COMES.

Y'ALL KNOW THAT I'M A FATHER OF A SON.

MATTHEW IS FIVE YEARS OLD AND HE'S A TALKER.

SO I'M SURE THAT HE IS GOING TO BE A LITTLE SAD IN ONE DAY, MAYBE A LAWYER OF SOME SORT, BUT WE'LL SEE HOW THAT THAT HAPPENS.

WITH THAT, I YIELD. THANK YOU SO VERY MUCH, MADAM CHAIR, FOR YOUR INDULGENCE.

THANK YOU VERY MUCH AND HAPPY EARLY BIRTHDAY.

COMMISSIONER DOLAN IS STILL NOT PRESENT.

WE WILL GO TO COMMISSIONER FISHMAN, PLEASE.

[c. Commissioner Fishman]

GOOD MORNING, EVERYONE.

I, TOO, WISH THE VICE MAYOR HAPPY EARLY BIRTHDAY.

I WANTED TO THANK EVERYONE INVOLVED IN THE MEMORIAL DAY VIDEO.

IT WAS A WONDERFUL TRIBUTE TO THE VETERANS THAT WE HAVE IN OUR CITY.

AND WHILE WE COULDN'T ENJOY OUR REGULAR CEREMONY OR MEMORIAL DAY, IT WAS VERY MOVING TO WATCH THE VIDEO.

[00:10:03]

AND WITH THAT, I WILL SAY HAPPY EARLY FATHER'S DAY AND THANK YOU VERY MUCH.

THANK YOU, COMMISSIONER FISHMAN, COMMISSIONER.

[d. Commissioner Placko]

GOOD MORNING. I WILL BE SOMEWHAT BRIEF THERE.

HAPPY BIRTHDAY. I KNOW YOU'LL ENJOY AND HAPPY FATHER'S DAY EARLY TO ALL THE FATHERS.

I JUST LIKE TO FOLLOW UP ON SOMETHING THAT THE VICE MAYOR SAID.

I HAVE GOTTEN A LOT OF FEEDBACK ON OPENING UP VERSUS NOT OPENING UP.

AND EVERYBODY AT THIS POINT HAS TO MAKE THE DECISION THAT IS RIGHT FOR THEM.

AND WE ALL GET TO CHOOSE.

NOW, ARE WE GOING TO GO OUT TO THE RESTAURANTS OR BUSINESSES THAT ARE OPEN OR.

WE'RE NOT COMFORTABLE WITH THAT.

SO I'VE GOTTEN PUSHBACK ON BOTH SIDES.

SO VERY HONESTLY, YOU ALL NEED TO MAKE THE DECISION THAT IS RIGHT FOR YOU AND WHATEVER YOU ARE COMFORTABLE WITH.

AND THAT'S WHAT EACH OF US WILL BE DOING AT THIS POINT.

AND THAT I WILL SAY.

THANK YOU, MAYOR. THANK YOU.

ALL RIGHT, WELL, MY REPORT, I'LL TRY TO KEEP IT AS BRIEF AS WELL AS I ALREADY WISHED,

[e. Mayor Gomez]

MAYOR BOLTON, HAPPY EARLY BIRTHDAY AND I AM POSITIVE WE WILL BE HAVING ANOTHER MEETING.

SO IT'LL BE A HAPPY FATHER'S DAY TWICE.

BUT I DO APPRECIATE ALL THAT HAS GONE INTO THE VIDEO FOR MEMORIAL DAY.

IT WAS DIFFERENT THIS YEAR AND.

I ALSO AM VERY APPRECIATIVE OF ALL THE MEN AND WOMEN WHO HAVE SERVED AND WE DON'T KNOW ABOUT. AND THEY SERVE OUR CITY VERY WELL, SO.

CITY CLERK, IT WAS GREAT TO SEE ON THEIR SEASONING, THERE ARE STILL A LOT OF MEETINGS GOING ON ABOUT THE REOPENING OF OUR CITIES, OUR COUNTY, OUR STATE, CONTINUAL CALLS THAT THERE IS THIS YES, NO, YES, NO.

AND AS COMMISSIONER BLANCO SAID, IT IS UP TO OURSELVES RIGHT NOW TO MAKE THE DECISION ON WHAT'S BEST FOR US. AS I THINK I'VE MENTIONED THIS BEFORE, THE DECISION I MAKE ABOUT MY HEALTH WILL HELP MAKE THE DECISION FOR ME TAKING CARE OF YOU.

IF I DON'T FEEL GOOD, I STAY HOME.

IF I'M NOT COMFORTABLE BEING OUT, I STAY HOME.

SAME THING FOR ANYBODY ELSE.

IF YOU DON'T FEEL COMFORTABLE GOING TO A STORE, DON'T.

BUT I WILL ASK THAT IF YOU ARE GOING TO GO OUT, PLEASE TRY TO KEEP IT LOCAL AND SUPPORT OUR LOCAL BUSINESSES THAT ARE OPEN.

SO WITH THAT, I WILL NOW TURN IT OVER TO OUR CITY ATTORNEY, SAM.

[4. CITY ATTORNEY REPORT]

THANK YOU, MR. MAYOR.

AND COMMISSION, JUST TO SUPPLEMENT MY EARLIER CONVERSATION ABOUT THE THE NUMBERS, THE NUMBERS I CITED, WHICH WERE 20 DASH FIFTY ONE TWENTY TWO FIFTY TWO POINT SIXTY NINE AND TWENTY DASH ONE TWELVE. THOSE ARE ALL GOVERNORS EXECUTIVE ORDERS.

THEY'RE NOT CITY ORDERS.

AND FOR THE PURPOSE OF DISCUSSION TODAY, JUST VERY BRIEFLY, TWENTY DASH ONE TWELVE, WHICH IS ADOPTED PROBABLY TEN OR TWELVE DAYS AGO, ROUND NUMBERS DID RE-EMPHASIZE THE VIRTUAL QUORUM CONCEPT AS AN AS AN EXTENDED PROCESS WITHOUT AN EXPIRATION DATE.

AND BECAUSE OF THAT, I'D LIKE TO JUST MAKE SURE THE COMMISSION IS MADE AWARE OF THE FACT THAT THIS WAS DISCUSSED DURING THE LAST MEETING.

THE PUBLIC BUSINESS IS IS TO CONTINUE, NOTWITHSTANDING THE PANDEMIC CRISIS AND THE TERRIBLE THINGS THAT HAVE OCCURRED BECAUSE OF IT.

BUT THE END RESULT IS, IS THAT THIS CITY HAS NOW IMPLEMENTED AND WILL IMPLEMENT GOING FORWARD SUBORDINATE LOCAL GOVERNMENT BODY MEETINGS AND MATTERS SUCH AS BIG OPENINGS AND CCMA GENERATED VALUATION AND SELECTION COMMITTEES, AS WELL AS PLANNING BOARD AND OTHER OTHER ENTITIES THAT IF UNDER THE RULES THAT YOU ADOPTED SPECIFICALLY GIVES THE MANAGER THE DISCRETION, AS YOU KNOW FROM YOUR DISCUSSION, TO ESSENTIALLY REGULATE HOW THOSE MEETINGS OCCUR. AND WHAT I MEAN BY THAT IS IF THE COMMUNICATIONS MEDIA TECHNOLOGY IS WORKABLE FOR THE COMMISSION AND IF IT'S WORKABLE FOR SUBORDINATE BODIES SUCH AS PLANNING BOARD OR OTHER BOARDS, THE MANAGER INTENDS TO AND WILL, IN FACT, THROUGH IT AND THROUGH THE CLERK'S OFFICE, IMPLEMENT AND PROCESS.

THE KEY FACTOR, WHICH I KNOW YOU EMBRACED IN THE RESOLUTION WHICH YOU ADOPTED IN ORDER, WHICH YOU ADOPTED. METAMORA AND COMMISSION EMBRACES THE CONCEPT OF PUBLIC ACCESS, PUBLIC PUBLIC RIGHT TO BE HEARD, AND THE PUBLIC'S ABILITY TO, IN FACT INTERACT WITH THE PROCESS UNDER THE STATUTE. SO THAT BEING SAID, WE WILL KEEP YOU FULLY POSTED REGARDING WHAT'S HAPPENING. IT'S A IT'S A FAST MOVING TARGET.

THE GOVERNOR HAS NEVER ISSUED SOME OF THE EXECUTIVE ORDERS IN HIS LIFE, I'M SURE.

AND WE'RE READING THEM VERY CAREFULLY.

AND WE'RE DEALING, AS YOU PROBABLY KNOW, WITH THE CONFLICT BETWEEN THE GOVERNOR'S PENDING ORDERS OR EXISTING ORDERS IN PENDING COUNTING ORDERS, WHICH MAY BE IN SOME RESPECTS INCOMPATIBLE IN THE CONTEXT OF ENFORCEMENT.

AND I KNOW THAT'S BEEN AN ONGOING ISSUE FOR ALL OF YOU IN THE CONTEXT OF OUR CITY.

WE ARE TRYING TO GUIDE THE PROFESSIONAL STAFF AS CAREFULLY AND AS DELIBERATELY IN A MEASURED WAY AS WE CAN.

BUT IT'S VERY, VERY DIFFICULT TO SOMETIMES ENFORCE COUNTY ORDERS IN THE CITY THAT WE DON'T PARTICULARLY AGREE WITH OR WHERE THERE'S AN OPEN INTERPRETATION.

THAT BEING SAID, WE WILL LEAVE EVERY DOOR OPEN TO BE INTERGOVERNMENT,

[00:15:03]

INTERGOVERNMENTALLY, COOPERATIVE AS BEST WE CAN WITH THE COUNTY.

AND I THINK THIS IS A KIND OF ORDER COMING OUT THIS WEEK, ACTUALLY, THAT MAY HELP TO CLARIFY CERTAIN TYPES AND KINDS OF BUSINESSES.

SO AND WE'LL SHARE THAT WITH YOU PROBABLY.

OTHER THAN THAT, I HAVE NO COMMENTS TO FURTHER THIS DISCUSSION.

I THANK YOU FOR THE OPPORTUNITY TO BE VIRTUALLY WITH YOU HERE ON THE SECOND FLOOR AND WELCOME THE OPPORTUNITY HELPING YOU DURING THE COURSE OF THE MEETING.

THANK YOU ALL. THANK YOU VERY MUCH.

SO THE MANAGER, YOUR REPORT.

[5. CITY MANAGER REPORT]

GOOD MORNING, MADAM COMMISSIONER.

I DO HAVE A BRIEF REPORT THIS MORNING.

WE ARE WELCOMING OUR SWIM TEAM BACK TO THE AQUATIC CENTER.

THIS WEEK. THE AQUATIC CENTER WILL BE REOPENING FOR THE SWIM TEAM ONLY DEPENDING ON HOW THAT GOES. WE'LL BE MAKING A DECISION IN THE COMING WEEKS ABOUT REOPENING THE AQUATIC CENTER TO THE PUBLIC. OUR DOG PARK, AS YOU KNOW, HAS BEEN REOPENED TO RESIDENTS FOR APPROXIMATELY A WEEK.

WE'VE MONITORED THE NUMBERS AND WE'VE MONITORED THE BEHAVIOR.

THE GOOD NEWS IS THAT PEOPLE ARE FOLLOWING THE APPROPRIATE SOCIAL DISTANCING REQUIREMENTS AND EVERYONE SEEMS TO BE DOING THEIR BEST TO BE RESPECTFUL OF ONE ANOTHER AND TO GET ALONG. THE NUMBERS ARE NOT AS HIGH AS WE EXPECTED.

SO WE WILL BE OPENING THE DOG PARK AGAIN.

THE NONRESIDENTS STARTING LATER THIS WEEK.

ALSO THE RED ROOM AND THE RED EXTENSION.

OUR COMMUNITY BUS SHUTTLE WILL BE BACK ONLINE LATER THIS WEEK TO TO SERVE THE RESIDENTS.

AND WE WILL BE REOPENING THE FITNESS CENTER AT THE AQUATIC CENTER.

IT'LL REOPEN ON FRIDAY.

IT'S GOING TO BE OPEN MONDAY THROUGH FRIDAY FROM SIX A.M.

TO SEVEN P.M.

SATURDAY. 730 A.M.

TO 6:00 P.M.

AND WILL BE CLOSED ON SUNDAY.

IT'LL ALSO BE CLOSED FROM TWO TO THREE O'CLOCK EACH AFTERNOON OR CLEANING.

THAT'S ALL I HAVE THIS MORNING, THAT AMERICAN MISSION.

AND THANK YOU. THANK YOU VERY MUCH.

WE WILL NOW MOVE TO PUBLIC PARTICIPATION.

[6. PUBLIC PARTICIPATION]

AND I'M GOING TO JUST READ THESE RULES OUT.

ANY MEMBER OF THE PUBLIC MAY SPEAK TO ANY ISSUE THAT IS NOT AGENDA FOR THE PUBLIC HEARING AT THIS MEETING. SPEAKERS WILL BE LIMITED TO THREE MINUTES DURING THIS ITEM AND PUBLIC HEARINGS. THERE WILL BE A 30 MINUTE AGGREGATE TIME LIMIT FOR THIS ITEM.

ANY MEMBER OF THE PUBLIC WISHING TO COMMENT PUBLICLY ON ANY MATTER, INCLUDING ITEMS ON THE AGENDA, MAY SUBMIT THEIR COMMENTS BY EMAIL TO CITY CLERK AT TAMBERG.

ALL COMMENTS SUBMITTED BY EMAIL THAT IF READ ORALLY OR THREE MINUTES OR LESS WILL BE READ INTO THE RECORD. ALL COMMENTS SUBMITTED BY EMAIL SHOULD BE MADE PART OF THE PUBLIC RECORD. PUBLIC COMMENTS MAY ALSO BE SUBMITTED ONLINE DURING THE MEETING THROUGH FACEBOOK LIVE. MEMBERS OF THE PUBLIC MAY ALSO REGISTER ONLINE AT HTTPS COLON, BACKSLASH, BACKSLASH, TAMARACK DOG BACKSLASH SIGN UP.

INDIVIDUALS WHO REGISTER WILL BE CONTACTED BY TELEPHONE AT THE APPROPRIATE TIME DURING THE MEETING TO OFFER THEIR PUBLIC COMMENTS ON AN ISSUE HAS BEEN DESIGNATED AS OF PUBLIC REMARKS WILL BE HEARD DURING A QUASI JUDICIAL HEARING THAT IS PROPERLY NOTED.

FOR THAT MATTER, AT THIS TIME WE DO NOT HAVE ANY QUASI JUDICIAL COMMENTS OR HEARINGS AT THIS TIME. SO AT THIS TIME I DO KNOW THAT WE HAVE TWO PUBLIC ONE PUBLIC PARTICIPATION VIA PHONE AND WE HAVE TWO EMAILS.

SO I WILL OPEN PUBLIC COMMENTS.

A PUBLIC HEARING IS NOW OPEN.

CITY CLERK. MORNING, MAYOR, IF YOU DON'T MIND, I'LL READ THE COMMENTS FIRST AND HAVE THE IT DEPARTMENT REACH OUT TO THE PERSON THAT WOULD LIKE TO BE CALLED.

SO MY FIRST ONE IS FROM JURRELL SáBADO.

HE SAYS, HELLO, MY NAME IS DARRYL AND I WORK WITH BRAWNE, THE PROPERTY REGISTRATION SERVICE VENDOR ON BEHALF OF MORTGAGE SERVICERS.

I'M EMAILING YOU TODAY WITH REGARDS TO ANY CHANGES IN YOUR PROCEDURE WHICH MAY BE IMPACTED DUE TO THE RECENT EVENTS CAUSED BY COVID-19 AS VACANT PROPERTY REGISTRATION FEES AS WELL AS LATE FEES ARE TIME SENSITIVE.

WE WOULD LIKE TO INQUIRE ABOUT THE FOLLOWING.

WOULD YOU PREFER WE WAIT UNTIL EVENTS HAVE SUBSIDED? IS THERE ANYONE IN THE OFFICE TO ACCEPT MAIL? WILL THERE BE A GRACE PERIOD? IF RENEWAL IS DUE? WE'LL FIND TO BE ASSESSED IF REGISTRATION IS NOT RECEIVED.

WHEN IS THE EXPECTED DATE OF RETURN TO WORK? IF OFFICE OR REGISTRATION PROGRAM IS SHUT DOWN, PLEASE INFORM IF YOUR LOCAL MUNICIPALITY COUNTY STATE GOVERNMENT HAS IMPLEMENTED MORATORIUMS ON THE FOLLOWING PROGRAMS. FORECLOSURES. IF ON HOLD, WILL PAYMENTS BE DEFERRED UNTIL LATER DATE OR WAIVED COMPLETELY? DATE OF STATE EVICTIONS.

DATE OF TODAY VIOLATIONS.

DATE OF STATE UTILITY STOPPAGE.

THIS DAY, PLEASE STATE OR PROVIDE ANY EXAMPLES OF ACCEPTABLE PROOF NEEDED TO SHOW COVID-19 RELATED LOSS IN ORDER TO QUALIFY FOR THESE SUPPORT PROGRAMS AND HOW LONG THESE

[00:20:01]

PROGRAMS ARE TO BE IMPLEMENTED FOR.

IF THIS INFORMATION IS UNKNOWN OR THE INCORRECT CONTACT HAS BEEN REACHED, PLEASE DELIVER FOR THIS MESSAGE TO THE PERSON WHO HANDLES THE MORTGAGE WHERE I'M LOST.

PLEASE ALSO FEEL FREE TO CALL IT THE BELOW CONTACT CARD.

SHOULD ANY OF THE REQUESTED INFORMATION REMAIN UNCLASSIFIED.

THANK YOU. PLEASE INFORM YOU OF ANYTHING I MAY BE ABLE TO DO FOR YOU, JEWELZ, ABOUT IT.

NUMBER TWO IS FROM JOHN HAMILTON.

AS A RESIDENT OF THE WOODLANDS COMMUNITY, I STRONGLY URGE THE COMMISSION TO APPROVE THE AGENDA ITEM INTRODUCED BY COMMISSIONER GALáN TO HIRE AN INDEPENDENT THIRD PARTY TO SURVEY THE ENTIRE WOODLANDS COMMUNITY TO GAIN AN ACCURATE PERSPECTIVE ON HOW THE RESIDENTS FEEL ABOUT THE ONGOING PROPOSED DEVELOPMENT OF THEIR PROPERTY.

IT IS IN THE BEST INTEREST OF ALL PARTIES INVOLVED TO HAVE AN UNBIASED, NEUTRAL ACCOUNTING OF THE OF THE FEELINGS THESE THIS ISSUE WILL CERTAINLY AFFECT THE MOST.

THE RESIDENTS OF THE COMMUNITY KIND REGARDS JOHN HAMILTON, THE WOODLANDS, AND THAT'S ALL I HAVE FOR YOU.

WOOPS, IT'S MY UNDERSTANDING WE HAVE SOMEBODY WHO WISHES TO SPEAK BY TELEPHONE.

YES. GENTLEMEN, PLEASE BEAR WITH US AS WE TRY TO GET MR. SPENTA ON THE LINE.

THANK YOU, MADAM MAYOR.

AND THAT AMERICAN, IF YOU WILL, IN COMMISSION, LEAVE THE RULES THAT YOU ADOPTED DO EMBRACE THE FACT THAT THERE MAY BE SOME TECHNICAL CHALLENGES, BUT THAT TIMING AND PATIENCE IS PARTLY IT'S IMPLIED WITHIN THE RULES YOU'VE ADOPTED.

THANK YOU. THANK YOU, MAYOR.

UNKNOWN, HELLO, THE SERPENT IS NOW JOINING.

GOOD MORNING, MR..

HOW ARE YOU DOING TODAY? MORNING. OK, NOW I CAN GIVE YOU YEAH, GOOD MORNING.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

MINNESOTA, OK, MY NAME IS SPENCER FIVE SEVEN TO ONE FOCAL POINT.

GOOD MORNING, COMMISSIONER.

NICE TO SEE THAT YOU ARE ALL HEALTHY OBLIGATING US AS WELL.

CAN YOU HEAR ME? YES, SIR.

I JUST INTO ONE OF COUNCIL MEMBER.

IT WOULD BE BEST IF YOU TURN ON YOUR FACEBOOK LIVE OR WHATEVER, YOU MIGHT BE WATCHING THIS COMMISSION MEETING ONLINE OR ON THE PHONE WITH US SO WE CAN HEAR YOU.

YOU MIGHT BE HEARING DOUBLE, BUT.

OK. AND I MEAN THIS AS ANYTHING BUT, OK, I WILL I WILL START MY MY PARTICIPATION IN IN MY OPINION, THE CITY STAFF AND THE COMMISSION RUSH TO CREATE AND APPROVE AN ORDINANCE TO PROVIDE PANDEMIC HELP TO THE REAL ESTATE DEVELOPERS BEFORE DOING ANYTHING OF AT LEAST SIMILAR IMPORTANCE AND PROPORTIONS TO HELP THE RESIDENTS.

THIS COULD BE MILLIONS ON COST SAVINGS THAT HAVE BEEN GRANTED TO THE REAL ESTATE DEVELOPERS BY OVERRIDING THE FULL IMPACT FEES ON JANUARY OF 2021.

[00:25:02]

THAT WILL HELP THEM MAKE MORE MONEY WHEN THEIR PROJECTS ARE FINISHED YEARS FROM NOW AND THEY SELL THE NEW UNITS AT MARKET PRICE IS VERY DIFFICULT TO FORESEE HOW THE CITY IS GOING TO ENFORCE THAT.

THEY DISCOUNT. THEY OWN PAID IMPORT FEES FROM THE FUTURE MARKET PRICE OF THEIR UNITS.

THEY WILL NOT TRANSFER THOSE SAVINGS TO THE FUTURE BUYERS.

THOSE EXTRA EARNINGS WILL GO TO THEIR STOCKHOLDERS, BUT WILL BE PAID BY ALL THE CURRENT AND FUTURE PRESIDENTS WITH SOME PORTION OF THE ASSETS, MAYBE, OR BY ENDURING ADDITIONAL LOSS OF QUALITY OF LIFE.

ALTHOUGH THE STAFF JUSTIFY THIS DEVELOPMENT INCENTIVE AS A BENEFIT TO THE RESIDENTS, IT IS NOT FOR THE REASONS IF A SIGNIFICANT AMOUNT OF FUTURE CITY REVENUES COULD BE USED TO BENEFIT THE COMMUNITY DURING THIS PANDEMIC.

WHY WAS NOT GIVEN TO THE COMMUNITY, FOR EXAMPLE, A PROPERTY TAX CUT OR SOMETHING SIMILAR? THE RESIDENTS WOULD BE HAPPY TO PAY FOR THIS IN THE FUTURE IF IT HELPS THEM KEEP SOME EXTRA CASH DURING THIS DIFFICULT TIMES.

I ALSO THINK THIS INCENTIVE WAS PUSHED IN THE LAST TWO MEETINGS BACK TO BACK, WITHOUT GIVING THE RESIDENTS A CLEAR PICTURE OF WHAT IT IS YOU NEED FOR THEM.

I WOULD LIKE TO SUGGEST THAT ALL OF THE INFORMATION IS REPORTED IN A MEANINGFUL WAY AND IS HANDY. I WOULD LIKE TO KNOW AND SOME OTHER PEOPLE AS WELL, I WE WOULD LIKE TO BE ABLE TO KNOW WHO PROFITS FROM OUR FUTURE RESOURCES AND HOW MUCH THEY EACH RECEIVE.

THANKS FOR THE OPPORTUNITY.

EQUALLY, THANK YOU VERY MUCH, I THINK WE'LL WE'LL HAVE SOMEBODY REACH OUT TO YOU TO DISCUSS THIS WITH YOU IN FURTHER DETAIL, OK? OK, THANK YOU. CITY CLERK IS THERE ANY ONE ELSE WHO WISHES TO SPEAK? I DON'T HAVE A LITTLE PARTICIPANT IS NOW EXITING.

EXCELLENT, THANK YOU VERY MUCH.

AT THIS TIME, SEEING THAT THERE'S NO OTHER PARTICIPANTS FOR PUBLIC COMMENTS, I'M GOING TO CLOSE PUBLIC COMMENTS.

THIS IS NOW CLOSED AND WE WILL NOW MOVE ON TO THE CONSENT AGENDA.

[7. CONSENT AGENDA]

CITY MANAGER.

ARE THERE ANY ADDITIONS OR DELETIONS, ADDITIONS OR DELETIONS THIS MORNING OUT IN THEIR.

EXCELLENT. I WOULD LIKE A MOTION AND A SECOND FOR APPROVAL.

SOME SECOND CITY CLERK, PLEASE CALL THE ROLL, MADAM MAYOR, IF I COULD ASK WHO HAD THE COMMISSIONER FISHMAN.

THANK YOU, COMMISSIONER FISHMAN.

VICE MAYOR BOLTON WITH THE SECOND COMMISSIONER FISHMAN.

YES, MR. PACHO. YES.

VICE MAYOR BOLTON. YES.

COMMISSIONER GALáN. YES.

AND MAYOR GOMEZ. YES.

INCENTIVE AGENDA PASSES 5.0.

EXCELLENT. THANK YOU. NOW MOVING ON TO REGULAR AGENDA EIGHT A T R ONE THREE FOUR ONE SIX

[a. TR13416 - La Taberna Nightclub, Special Extended Hours Permit A Resolution of the City Commission of the City of Tamarac, Florida, approving the Special Extended Hours Permit for La Taberna Nightclub located at 5303 State Road 7, Tamarac, Florida, allowing the sales of alcoholic beverages for consumption on-premises only from 2:00 a.m. to 4:00 a.m. Thursday, Friday, Saturday, and on Sundays before a holiday, in accordance with Section 3-4 of the City of Tamarac Code of Ordinances ; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): District 1]

SEVEN. A NIGHTCLUB SPECIAL EXTENDED HOURS PERMITS.

CITY ATTORNEY, IF YOU WOULD, PLEASE READ THIS INTO THE RECORD.

THANK YOU, MAYOR. AND COMMISSION IN YOUR AGENDA BOOKS.

AND ALSO ONLINE IS TEMPORARY RESOLUTION NUMBER ONE THREE FOUR ONE SIX.

IT IS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE SPECIAL EXTENDED HOURS PERMIT FOR LOTS OF BURINA NIGHTCLUB LOCATED AT FIVE THREE ZERO THREE STATE ROAD SEVEN AND THE CITY TAMARAC, FLORIDA, THEREBY ALLOWING THE SALES OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES ONLY FROM 2:00 A.M.

TO FOUR A.M. THURSDAY, FRIDAY, SATURDAY AND ON SUNDAYS BEFORE A HOLIDAY IN ACCORDANCE WITH SECTION THREE DASH FOR THE CITY.

TIMYRA CODE OF ORDINANCES PROVIDED FOR CONFLICT, PROVIDING FOR SURVIVABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THAT'S THE RESOLUTION OF THE COMMISSION.

THANK YOU. THANK YOU VERY MUCH.

VERY MUCH. I NEED A MOTION AND A SECOND FOR APPROVAL.

SOME MATT. THANK YOU VERY MUCH, MADAM PROFESSOR PRESENTATION THAT THERE IS A BACK UP AND AGENDA INFORMATION IN THE IN THE AGENDA BOOK.

THOSE ARE THE SUPPORTING DOCUMENTS ABOUT WHICH THE COMMISSION WOULD MAKE ITS DECISION IN CONNECTION WITH THE GOVERNOR'S REQUEST FOR THE SPECIAL EXCEPTION THAT STAFF NEEDS TO SPEAK AND CERTAINLY CAN SPEAK THROUGH THE MANAGEMENT OF STAFF AND HAVE THAT DISCUSSION.

BUT THE BACK UP DOES INCLUDE ALL OF THE INFORMATION THAT YOU JUST DESCRIBED OF THE COMMISSION TO SUPPORT YOUR DECISION ULTIMATELY ON THE MOTION.

OK, THANK YOU.

THANK YOU. THANK YOU, SAM ADAMS. OUR STAFF DOES NOT HAVE A FORMAL PRESENTATION, BUT WE JUST WANT TO REMIND YOU THAT LATE LAST YEAR YOU DID APPROVE AN ORDINANCE AMENDMENT EXTENDING ALCOHOL SALE FOR UP TO FOUR AM ON FRIDAYS, SATURDAYS AND SUNDAYS, SUBJECT TO A SPECIAL PERMIT.

THIS APPLICATION IS THE FIRST OF THAT SPECIAL PRIMARY PROCESS IS L'ARTIBONITE.

[00:30:03]

AND AS A PART OF THE APPLICATION AND STOPS MEMORANDUM, WE HAVE INCLUDED SOME CONDITIONS TO ENSURE THAT THE APPLICANT IS AWARE THAT THIS IS JUST FOR ONE YEAR AS APPROVED BY THE CITY COMMISSION IN YOUR ORDINANCE AMENDMENT.

IN ADDITION TO THAT, THE NIGHTCLUB AND THE USE OF THIS PERMIT WOULD ONLY BEGIN ONCE ANY ONCE ANY RESTRICTIONS ARE LIFTED AND NIGHTCLUBS ARE ABLE TO OPERATE.

AND SO THE ONE YEAR FROM THAT TIME AND THEN EXPIRE IN ONE YEAR OF THAT APPLICANT IS ONLINE. IF YOU NEED TO SPEAK.

DIANA, DIANA IS AVAILABLE AND.

THANK YOU VERY MUCH. I WOULD LIKE TO RECOGNIZE THE VICE MAYOR.

HE WOULD LIKE TO ASK A QUESTION AS MAYOR.

THANK YOU, MADAM MAYOR. I THINK MAXINE MS. JUST SUMMED UP SOME OF MY QUESTIONS.

THE FIRST QUESTION WAS JUST TO REITERATE WAS, WAS THIS IS FOR ONE YEAR WITH WITH RENEWAL, RIGHT? THAT IS CORRECT.

AND SO THAT'S ONE OF THE THREE CONDITIONS THAT STAFF INCLUDED IN THE MEMORANDUM, WHICH THE APPLICANT HAS AGREED TO AND I ACCEPT.

OK, AND WHAT IS THE CHIEF REASON? MIGHT BE THE THREE, FOUR HUNDRED DOLLARS.

AND THAT'S THE. THAT IS CORRECT.

AND SO WE HAVE INCLUDED IN THE CONDITION AS WELL THAT THE APPLICANT MUST REAPPLY AFTER THE ONE YEAR HAS EXPIRED.

OK. AND HOW DOES THIS MATCH UP WITH WHAT WE DID FOR MOMENTS, MICHAEL.

SO AS YOU RECALL, COMMISSIONER, WE DID NOT DO ANYTHING SPECIFICALLY FOR A MOMENT, I THINK THEY PARTICIPATED IN THE ORDINANCE AMENDMENT PROCESS.

THEY SPOKE IN FAVOR OF YOUR CONSIDERATION TO APPROVE THAT ORDINANCE THAT WOULD EXTEND THE HOURS FROM TWO TO FOUR.

THEY DID NOT FILE A FORMAL APPLICATION TO DO SO.

SO THE PROCESS WE WENT THROUGH LAST YEAR WAS TO AMEND THE ORDINANCE TO ALLOW FOR THIS PROCESS TO BE AVAILABLE TONIGHT.

BUT NOW THAT IT'S AVAILABLE NOT TO, BARONA IS THE FIRST APPLICANT TAKE OFF YOUR ORDINANCE.

MOMENTS HAVE NOT YET FILED AN APPLICATION.

OKAY, UM.

SO FROM OUR RECOLLECTION OR FROM ANY PUBLIC RECORD, SO IT'S BE THE LORD, SO HAVE WE GOTTEN ANY COMPLAINTS FROM THAT ESTABLISHMENT, FROM PEOPLE STEMMING FROM THE COMMISSIONER? NO, WE HAVE NOT. I APOLOGIZE.

NO, WE HAVE NOT. IN FACT, INCLUDED IN YOUR BACK UP UNDER THE ANALYSIS, WE INCLUDED A REPORT WE RECEIVED FROM VESSEL REGARDING QUALITY.

AND I THINK IT INDICATES JUST ONE CALL, A MISDEMEANOR OVER THE LAST OVER THE LAST YEAR.

OVER THE LAST YEAR. OK, IT'S A.

SO AS A PART OF THE STANDARDS THAT YOU ADOPTED, WE NEEDED TO ALSO CHECK WHETHER OR NOT THERE HAVE BEEN ANY CALLS IN WHICH WE DID AND INCLUDED IN THE MEMORANDUM.

SO IT'S SHOWING THAT IT'S NOT SUBSTANTIAL IN TERMS OF THE POLICY THAT'S BEEN PLACED FOR THE LAST ONE THOUSAND AND NINETY.

IN FEBRUARY AND MARCH IN 2019, WATCH AND JUST TO REITERATE, THIS IS SOMETIMES SOME OF THE QUESTIONS THAT I ALREADY KNOW THE ANSWER TO, BUT THE PUBLIC TO HAVE ACCESS TO OUR BOOK AS THEY PROBABLY GO ON LINE, WHICH THEY PROBABLY DON'T.

SO WE HAVE TO ASK THESE QUESTIONS SO THAT THEY'RE COMFORTABLE WITH THE DECISION THAT WE THAT WE MAKE. DO THEY HAVE ANY VIOLATIONS OF ANY SORT? AND, YOU KNOW, THEY DO NOT BY.

OK. ALL RIGHT.

THANK YOU SO VERY MUCH FOR YOUR TIME.

THANK YOU. CITY CLERK.

I DID NOT ASK IF THERE'S ANY QUESTIONS OR ANYBODY PUBLIC COMMENT.

I CAN SAY ANYTHING IN THE CHAT.

SO PLEASE CONFIRM THAT THERE'S NO PUBLIC COMMENT.

I HAVE NO PUBLIC COMMENTS FOR YOU, MA'AM.

ALL RIGHT. THANK YOU. AND I SEE THAT NO ONE ELSE WISHES TO SPEAK.

I ONLY HAVE ONE CLARIFYING QUESTION FOR MAXINE.

IT'S MY UNDERSTANDING THAT THE LICENSE THAT EXPIRED DURING THE PANDEMIC TIME IS IN THE PROCESS OF BEING RENEWED FOR HAS BEEN RENEWED.

MADAM MAYOR, WE DO HAVE A COPY AVAILABLE THAT HAS BECOME EXCELLENT JUST AS LONG AS IT'S WE'VE WE'VE GOT IT. THEY'VE DONE IT, WE'RE GOOD.

AND WHENEVER THEY'RE ALLOWED TO REOPEN, THEY CAN JUST HIT THE GROUND RUNNING, SO TO SPEAK. SO THANK YOU VERY MUCH.

SAYING THAT NO ONE ELSE WISHES TO SPEAK.

CITY CLERK, WILL YOU PLEASE CALL THE ROLL? YES, MA'AM. VICE MAYOR BOLTON.

COMMISSIONER PLECO. YES.

COMMISSIONER ELLEN. YES.

COMMISSIONER FISHMAN. YES.

[00:35:02]

AND MAYOR GOMEZ.

YES. MOTION PASSES UNANIMOUSLY FIVE TO ZERO.

EXCELLENT. THANK YOU. NOW MOVING TO EIGHT BTR ONE THREE FOUR TO SIX DENOUNCING WHITE

[b. TR13426 - Denouncing White Supremacy A Resolution of the City Commission of the City of Tamarac, Florida, condemning and denouncing white supremacy, bias and hate in all of its forms; committing to ensuring civil and human rights are afforded to all individuals in the City of Tamarac; and reaffirming Tamarac’s commitment to peace, respect, inclusivity, and equity for all; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): Citywide]

SUPREMACY. CITY ATTORNEY, WILL YOU PLEASE READ THE TITLE FOR THE RECORD? I'D BE HAPPY TO, MADAM MAYOR.

THANK YOU. THIS IS TEMPORARY RESOLUTION NUMBER TIAR ONE THREE FOUR TO SIX, WHICH WAS DEFERRED FOR THE LAST REGULAR MEETING OF THE CITY COMMISSION IS A VIRTUAL MEETING.

IT READS AS FOLLOWS A RESOLUTION OF THE CITY COMMISSION OF THE CITY, TAMARAC, FLORIDA, CONDEMNING AND DENOUNCING WHITE SUPREMACY, BIAS AND HATE AND ALL OF ITS FORMS, COMMITTING TO ENSURING CIVIL AND HUMAN RIGHTS ARE AFFORDED TO ALL INDIVIDUALS IN THE CITY OF TAMARAC AND REAFFIRMING AMERICA'S COMMITMENT TO PEACE, RESPECT, EXCLUSIVITY AND EQUITY FOR ALL.

PROVIDING FOR CONFLICTS ABOUT A DISABILITY AND PROVIDING FOR AN EFFECTIVE.

THEY THANK YOU, THEIR COMMISSIONER.

THANK YOU. AND THE SECOND QUESTION, THE.

OK, JUST PUT IN THE CHANNEL AND I'LL BE HAPPY TO RECOGNIZE YOU, BUT COMMISSIONER GALáN GOT YEAH. SO I'M NOT HAPPY WITH SOME OF THE CHANGES THAT WERE MADE.

I THINK THAT WE SHOULD HAVE A FURTHER DISCUSSION ABOUT IT.

AND I WOULD LIKE FOR THE DOCUMENT TO REMAIN AS IT WAS ORIGINALLY DRAFTED BY THE CITY ATTORNEY. OK, SO.

WE NEEDED A MOTION AND A SECOND GROUP FOR THE DISCUSSION AND APPROVAL OR NOT, AND IS BASED ON ONE THAT YOU PRESENTED.

ARE YOU ASKING FOR US NOT TO HAVE THAT RIGHT NOW? WELL, COMMISSIONER, YOU'RE SAYING WE NEED A MOTION ASKING FOR A DISCUSSION.

WE NEED A MOTION A SECOND FOR APPROVAL, AND THEN WE DO THE DISCUSSION AND THEN WE CAN GO THROUGH WHETHER YOUR VERSION OR THE OTHER VERSION WOULD CHANGE.

SO I HAD A MOTION FROM YOU.

WELL, WHAT'S THE WHAT WAS THE APPROVAL ON? WHICH VERSION ARE WE TALKING ABOUT? THE ONE THAT'S IN HERE? WHAT'S IN OUR BACKUP? SO THAT VERSION DOES NOT REFLECT THE ORIGINAL VERSION THAT WAS DRAFTED BY THE CITY THROUGH. AND CITY ATTORNEY, IF I MAY RESPOND, MARY ELLEN, I BELIEVE THAT THIS DOCUMENT REFLECTS SOME OF THE CHANGES THAT WERE OCCASIONED BY SOME CONVERSATIONS BETWEEN ASSISTANT CITY ATTORNEY QUINTON MORGAN AND YOURSELF AND INDEPENDENTLY THAT WE ALSO DRAFTED.

YOU ARE CORRECT, COMMISSIONER GEHLEN, THAT THE ITEM BEFORE THE COMMISSION TODAY IS THE REFINED VERSION OR THE CHANGE VERSION IS NOT THE ONE THAT WAS INITIALLY IN THE BACK UP FROM THE LAST MEETING, AS FAR AS I RECALL, UNLESS I'M TOLD OTHERWISE BY THE CLERK.

IF IF IF THIS DOCUMENT IS IN NEED OF FURTHER REVIEW OR CONSIDERATION, OBVIOUSLY YOU CAN IMPLEMENT ROBERT'S RULES UNDER THE CODE OF ORDINANCE, WHICH WOULD BE TO DEFER FOR FURTHER REVIEW. BUT WHAT'S BEFORE THE COMMISSION TODAY IS NOT THE PRIOR DOCUMENT.

IT IS A REVISED DOCUMENT THAT WAS TWEAKED A BIT IN THE CONTEXT OF THE LAST WEEK OF THE PRESENT LEADERS OF THE COMMISSION.

GALAM IS CORRECT ABOUT THAT.

SO BASICALLY, COMMISSIONER, FISHERMEN LIKE.

I WOULD LIKE THIS ITEM TABLED TO THE NEXT MEETING PLACE AT THIS TIME, WE HAVE A MOTION TO TABLE TO A TIME CERTAIN CITY CLERK, PLEASE CALL THE ROLL.

STOP, STOP THAT AMERICAN OF SECOND CITY ATTORNEY HAS BEEN RECOGNIZED.

YOU JUST NEED TO MAKE SURE THAT YOU INDICATE THE DATE ON THE RECORD BECAUSE OF THE VIRTUAL MEETING CONCEPTS THAT EVERYONE KNOWS WHAT THAT DATE IS.

ALL RIGHT, GIVE ME ONE SECOND.

I WILL GET MY CALENDAR. THAT'S WHAT WE HAVE TO ASK.

I HAVE ON OUR CALENDAR, THE NEXT COMMISSION MEETING WILL BE ON JUNE 8TH, IS THAT CORRECT? JUNE 8TH IS THE.

WORKSHOP, JUNE 10TH WOULD BE THE MEETING.

YES, SIR. YES.

SO AT THIS TIME, WE HAVE A MOTION TO TABLE ON THE FLOOR TO TABLE THIS DISCUSSION UNTIL WEDNESDAY, JUNE 10TH COMMISSION MEETING.

SO. WELL, I.

I MEAN, I UNDERSTAND THAT YOU HAVE.

BUT WHEN THERE'S A MOTION TO TABLE, THERE'S NOTHING ELSE.

THERE'S NO OTHER DISCUSSION ON THE MATTER.

ANY TABLE MATTERS.

SO WE HAVE A MOTION IS IS THAT IS IS THAT HELD TO BE TRUE? WE CANNOT DISCUSS THE MOTION TO TABLE.

THERE WAS NO BITTERNESS, NO DEBATE ON A MOTION TO TABLE.

BUT I MUST OFFER THIS UP.

MADAM CHAIR, WITH YOUR PERMISSION, I DID HEAR VICE ADMIRAL BOLTON ASK TO BE HEARD BEFORE THE ACTUAL SECOND ON THE MOTION AS I HEARD IT.

SO TO THE EXTENT THAT YOU WOULD GIVE ORDER THAT I UNDERSTAND THAT.

BUT LADIES AND GENTLEMEN, WE'RE TRYING TO MAKE SURE THAT WE RUN THIS RIGHT.

AND IF WE KEEP JUMPING ALL OVER EACH OTHER, WE WILL NEVER HAVE AN ORGANIZED MEETING.

THEREFORE, I HAVE REQUESTED, AND I PUT IT IN THE CHART THAT IF YOU WISH TO BE RECOGNIZED, JUST PUT YOUR INITIALS IN THERE SO I CAN SEE YOU.

I'M WATCHING IT. AND I HAD COMMISSIONER BOLTON'S REQUEST FOR A MOTION FOR DISCUSSION, BUT

[00:40:03]

THERE'S NO MOTION FOR DISCUSSION WHEN WE ARE IN THE MIDDLE OF A MOTION FOR APPROVAL OR NOT. SO.

THE TABLING MOTION TAKES PRECEDENCE UNDER YOUR RULES AND ROBERT'S RULES, AND IT'S IT'S A MOTION WHICH IS NOT DEBATABLE.

CLERK, PLEASE CALL THE COMMISSIONER.

YES, MR. FISHMAN. YES, COMMISSIONER POLACCO.

YES, VICE MAYOR BOLTON.

NO. AND MAYOR GOMEZ, YES, THE MOTION IS JUST TABLED UNTIL JUNE THE 10TH IS PASSED FOUR TO ONE. THANK YOU VERY MUCH.

AND LADIES AND GENTLEMEN, WHILE I DO KNOW IT'S A LITTLE EARLY IN OUR PROCESS, WE DO HAVE A COUPLE OF CONSULTANTS AND PLANS THAT NEED TO BE UPLOADED.

SO WE'RE GOING TO TAKE A 10 MINUTE BREAK.

IT IS CURRENTLY 10 TEN.

WE'LL BE BACK AT 10, 20.

BANK AND CITY ATTORNEY, IF YOU WOULD PLEASE READ, HSBC, ARE ONE THREE FOUR TWO NINE

[c. TR13429 - Adoption of Go-Forward Roadway Landscape Master Plan A resolution of the City Commission of the City of Tamarac, Florida, providing for the adoption of the Go-Forward Roadway Landscape Master Plan, April 2020, prepared by Miller Legg, attached hereto as Exhibit “A”; providing for the implementation of the design guidelines and typical conceptual landscape corridors for the roadways within the plan; providing for the application of the implementation strategy and cost estimates within the plan; providing for the acceptance of the recommendations within the plan;; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): Citywide]

ADOPTION OF GO FORWARD BY LANDSCAPE MASTER PLAN.

THANK YOU MARY COMMISSION. CAN YOU HEAR ME OK? YES. YES, OK, I CAN I CAN SEE YOU WELL.

AND YOU'RE ALL YOU'RE ALL ONLINE.

THAT'S A GOOD THING. IT'S APPROXIMATELY 10 20 ITEM EIGHT S.

FOR THE RECORD IS IN FACT TEMPORARY RESOLUTION NUMBER ONE THREE FOUR TWO NINE.

IT READS AS FOLLOWS ON THE RECORD.

IT'S A RESOLUTION OF THE CITY COMMISSION OF THE CITY, TAMARAC, FLORIDA, PROVIDING FOR THE ADOPTION OF THE GO FORWARD ROADWAY LANDSCAPE MASTER PLAN APRIL OF TWENTY TWENTY PREPARE BY MILLER LEG ATTACHED TO YOUR TWO IS EXHIBIT A, PROVIDING FOR THE IMPLEMENTATION OF THE DESIGN GUIDELINES AND TYPICAL CONCEPTUAL LANDSCAPE CORRIDORS FOR THE ROADWAYS WITHIN THE PLAN, PROVIDING FOR THE APPLICATION OF THE IMPLEMENTATION STRATEGY AND COST ESTIMATES WITHIN THE PLAN. PROVIDING FOR THE ACCEPTANCE OF THE RECOMMENDATIONS WITHIN THE PLAN.

PROVIDING FOR CONFLICTS ABOUT IMPERTURBABILITY AND FINALLY PROVIDING FOR AN EFFECTIVE DATE. THAT'S TEMPORARY RESOLUTION NUMBER ONE THREE FOUR TWO NINE ON THE FLOOR FOR CONSIDERATION. THANK YOU. I NEED A MOTION AND A SECOND TO APPROVE, SO I MOVED SECOND.

THANK YOU. I'D LIKE TO TURN THIS OVER TO STAFF FOR A PRESENTATION, PLEASE.

THANK YOU, MADAM MAYOR.

MAXINE CALLAWAY, FOR THE RECORD, BEFORE I INTRODUCE BRIAN SHAW AND LYUDMILA TWENTY'S, JUST WANT TO BRIEFLY GIVE YOU SOME BACKGROUND.

IN JANUARY OF LAST YEAR, YOU AUTHORIZED MILAN TO PROVIDE PROFESSIONAL SERVICES TO PREPARE AND UPDATE TO THE CITY'S NINETEEN NINETY SIX M..

LANDSCAPE STUDY IS UPDATE THAT'S PREPARED BY MILLER LEAGUE IS ENTITLED TO GO FORWARD, WILL BE LANDSCAPE MASTER PLAN APRIL TWENTY TWENTY.

AND IT PROVIDES GUIDELINES FOR THE DEVELOPMENT OF THE CITY STREETSCAPES.

AND IT CONTAINS TYPICAL CONCEPTUAL DESIGNS THAT SHOW PREFERRED LANDSCAPE AND HARDSCAPE DESIGNS FOR EACH STREET TYPE IDENTIFIED WITHIN THE PLAN.

IT ALSO OFFERS AN IMPLEMENTATION STRATEGY.

IT ALSO GIVES US COST ESTIMATES, VARIOUS RECOMMENDATIONS AND HOW TO IMPLEMENT ADDITIONAL INDEPENDENT COUNTS FOR CITY WIDE INVENTORY.

IT INCLUDES AN ASSESSMENT CONDUCTED IN 2012.

IT ALSO INCLUDES OUR CONSIDERATIONS FROM THE MAJOR ARTERIAL KARDA STUDY, WHICH WAS ADOPTED IN 2013, THE COMMERCIAL ARTERIAL REDEVELOPMENT STUDY THAT WAS ADOPTED IN 2014.

WITH ME THIS MORNING, BRIAN SHAW AND LEWENI LEFT WINTOUR'S WE'RE CONSULTANTS WITH MARYLAND. THEY'RE GOING TO DELIVER A PRESENTATION ON THE CONTENTS OF THE MASTER PLAN BRIAN. YES, MAYOR GOMEZ AND COMMISSIONERS, WE WOULD LIKE TO TAKE THIS TIME TO THANK YOU FOR THE OPPORTUNITY TO WORK ON THIS VERY IMPORTANT PROJECT FOR THE CITY AND GIVING THE OPPORTUNITY FOR THE CITY TO LOOK TO THE FUTURE AND CREATE ECONOMIC WEALTH THROUGHOUT THE CITY WITH THE ESTHETICS.

DARBY, BRIAN, BRIAN, TELL THE RECORD WHO YOU ARE AND WHAT YOUR CAPACITY TO THE COMPANY THAT THE RECORD IS NOT.

THANK YOU SO MUCH. THANK YOU.

BRIAN SHAW, SENIOR LANDSCAPE ARCHITECT WITH I HEADED UP THE GO FORWARD BROADWAY LANDSCAPE MASTER PLAN FOR THE CITY OF TAMARACK AND IN THE PRIOR UPDATE IN CONSIDERATION.

THANK YOU, SIR. SO I'LL PASS THIS ON TO LUMI FUENTES FROM MY OFFICE.

SHE'S BEEN VERY INTIMATE WITH THIS MASTER PLAN FROM THE BEGINNING, SO I'LL PASS IT ON TO HER. GOOD MORNING, EVERYONE.

MY NAME IS SALUMI FUENTES, I AM A LANDSCAPE DESIGNER AS WELL AS AN URBAN DESIGNER, AND I WILL BE PRESENTING YOU A BEAUFORD RODWAY LANDSCAPE MASTER PLAN.

AGAIN, THANK YOU FOR THE OPPORTUNITY.

IT'S BEEN A GREAT COLLABORATION WITH THE CITY TO WORK ON SUCH A GREAT PROJECT.

SO, AGAIN, WHY IT IS IMPORTANT TO ESTABLISH A ROADWAY LANDSCAPE MASTER PLAN, GOOD STEWARDSHIP, IT SUPPORTS THE CITY'S VISION, MISSION AND STRATEGIC GOALS, AS WELL AS A

[00:45:08]

ROADMAP FOR THE FUTURE.

AND MORE IMPORTANTLY, IT ESTABLISHES GUIDELINES AND RECOMMENDATIONS THAT ARE ACTUALLY MEASURABLE FOR IMPLEMENTATION.

JUST TO WALK YOU THROUGH KIND OF OUR PLANNING PROCESS THROUGH THIS, WE ACTUALLY MET, WE BEGAN A KICKOFF MEETING.

WE MET SPECIFICALLY WITH CITY PLANNER ROBERT JOHNSON, OPERATIONS MANAGER RODNEY SIMS. AND BIRD IS A LANDSCAPE SUPERVISOR.

SO ALL ALONG THIS PROCESS, WE'VE BEEN IN COORDINATION WITH ESSENTIAL PEOPLE FROM THE CITY THEN THAT ARE OUT THERE ON A DAILY BASIS AND KNOW THE CURRENT LANDSCAPE AND PUBLIC WORKS PROCESS. SO WE BEGIN WITH AFTER THE KICK OFF, WE BEGAN MORE OF THE INTRODUCTION AND BACKGROUND OF THE CITY AND HOW EVERYTHING RELATES TO THE MASTER PLAN, THE ROADWAY LANDSCAPE MASTER PLAN.

WE ANALYZE EXISTING CONDITIONS.

WE HAD A CERTIFIED ARBORIST GO OUT THERE AND UPDATE THE INVENTORY, LOOKED AT EACH CORRIDOR OR ANALYZED THE LANDSCAPE, THE HARDSCAPE, EVERY CONDITION, OVERALL CHARACTER OF THESE CORRIDORS. WE MOVED INTO AN OPPORTUNITIES AND CONSTRAINTS ANALYSIS WHERE WE EXAMINE THESE CONDITIONS AND OVERLAP THEM AND SAW WHERE THERE WAS ROOM FOR OPPORTUNITIES AND WHERE WERE THE CONSTRAINTS GOING TO COME AFTER THAT? WE MET AGAIN WITH PROVIDED WITH WITH THE CITY, WITH THE OPERATIONS MANAGER, CITY PLANNER ROBERT AND THE LANDSCAPE SUPERVISOR.

WE PRESENTED OUR FINDINGS WERE OUT THERE.

THEY COLLABORATED AND GAVE US SOME FEEDBACK OF WHAT OUR FINDINGS WERE AND ACCENTUATED THAT AS WELL. FROM THERE, WE WENT INTO THE RECOMMENDATIONS.

WE WENT INTO WHAT THE ACTUAL COST OF THESE WOULD BE, THE IMPLEMENTATION, AND THEN WE CREATED THESE TYPICAL CONCEPTUAL LANDSCAPES.

SO WOULD IT BE IN THE FUTURE WHAT WAS PROPOSED? WE ALSO DID DESIGN GUIDELINES ESTABLISHED FOR FUTURE PROJECTS, AND THEN WE WENT INTO ACTUALLY CREATING THE DRAFT AND THEN WE WENT BACK AGAIN WITH THE CITY, GOT SOME FEEDBACK RECOMMENDATIONS ON IT, AND NOW WE'RE AT THE FINAL PLAN.

SO GOING INTO THE INTRODUCTION AND BACK FROM.

SO SOME OF IT DEVELOPER KENNETH BURRING OF STYLISH TAMARAC INTO THE 1960S, IT WAS ENVISIONED MORE OF A COMMUNITY FOR ACTIVE ADULTS.

BUT AS TIME HAS GROWN, TAMARACK IS AS DIVERSE AS SOUTH FLORIDA AND ITS POPULATION IS VERY DIVERSE. AND JUST TO ESTABLISH SOME OF OUR CITY GOALS, TAMARACK IS HOME, TAMARACK IS SAFE, AND PEOPLE KNOW IT.

TAMARACK IS ECONOMICALLY RESILIENT.

TAMARACK IS BYRON, TAMARA, KEITH, SMART AND CONNECTED, AND TAMARACK IS AND IS A WORKPLACE. SO WHEN WE'RE LOOKING INTO THE CITY RULES THAT WE WANT TO MAKE SURE THIS OUR MASTER PLAN SUPPORTS IT.

MORE IMPORTANTLY, IT SUPPORTS THE STRATEGIC GOAL OF AMERICA'S VIBRANT FOURTH ONE.

WHY? BECAUSE WITH THE REVITALIZATION OF THE LANDSCAPE CORRIDORS THROUGHOUT THE CITY, THIS WILL BRING A NEW COHESIVE IMAGE TO THE CITY.

THEREFORE, IT WILL PROMOTE AND IT WILL PROMOTE THAT VISION AND ALSO TO PROMOTE THE PRESERVATION OF ITS NATURAL AND PERSONAL ENVIRONMENTS.

WE'RE LOOKING INTO EXISTING CONDITIONS.

WE BEGAN WITH HAVING OUR CERTIFIED ARBORIST GO OUT THERE WITH GPS UNITS AND COLLECTING THE ALL THE EXISTING TREES AND FORM WITHIN THE RIGHT OF WAY.

WE COLLECTED OVER THREE THOUSAND NINE HUNDRED AND TWENTY EIGHT TREES.

OF THAT, FIVE HUNDRED NINETY FIVE WERE ACTUALLY NEW ONES.

SO THIS IS JUST AN UPDATE TO THE TWENTY 12 DATABASE THAT YOU GUYS HAD AS WELL.

IN GENERAL, WE SAW VERY GOOD CONDITIONS OUT THERE FOR THE TREES AND A GOOD, GOOD BASE TO WORK WITH. SO FROM THERE, WE FIRST STEP WAS ACTUALLY THE CLASSIFICATION OF THESE ROADWAYS. SO WITH THAT, WE LOOKED INTO KIND OF WHERE THE BROWARD HIGHWAY, FUNCTIONAL CLASSIFICATIONS CLASSIFIES TO THE ROADWAYS.

AND WE LOOKED AT WHAT WAS HAPPENING OUT THERE WITH TAMARA GOOLIES.

SO YOU'RE LOOKING AT CLASSIFIED IT INTO SIX DIFFERENT CLASSIFICATIONS, WHICH WERE

[00:50:05]

PRINCIPAL MATERIALS.

YOU'RE LOOKING AT YOUR ROADWAYS THAT ARE YOUR FOR OF URBAN AREAS, YOUR HIGHEST TRAFFIC YOU'RE LOOKING INTO.

THE OTHER CLASSIFICATION IS MINOR TERRIER'S, WHICH THESE ACTUALLY CONNECT TO THE PRINCIPAL ARTERIES. AND THEY'RE THE THE SECOND HIGHEST TRAFFIC.

AFTER THAT, YOU'RE LOOKING INTO COLLECTORS', WHICH ARE KIND OF FUN, ALL THAT TRAFFIC FROM THE HIGH TRAFFIC RESIDENTIAL INTO THE ARTERIAL ROADWAYS.

SO THESE ARE KIND OF LIKE THE ROADWAYS THAT CONNECT INTO THESE PRINCIPLES AND MINOR ARTERIALS. AND THEN YOU'RE LOOKING INTO YOUR LOCAL STREETS, WHICH ARE YOUR LOWEST TRAFFIC, YOUR STREETS IN YOUR NEIGHBORHOODS.

YOU'RE LOOKING INTO TO YOUR KEY INTERSECTIONS, WHICH KEY INTERSECTIONS ARE ONE MAJOR ROADWAYS, JOINT OR CROSS, SPECIFICALLY YOUR PRINCIPAL AND AND MINOR ARTERIAL AUDRY'S.

AND THEN YOU'RE LOOKING INTO YOUR GATEWAYS, WHICH ARE VERY IMPORTANT BECAUSE THESE ARE YOUR ENTRANCES TO THE CITY AND IT'S YOUR YOUR BOOK, YOUR FRONT OF YOUR BOOK, IF YOU COULD SEE. AND HERE IS THE MAPS, DO YOU KIND OF SEE MORE OF WHERE THE STREET HIERARCHIES ARE AS WELL AS THE KEY INTERSECTIONS AND YOUR GATEWAYS? THEY'RE LOOKING INTO JUST WHAT'S EXISTING CONDITIONS FOR THE PRINCIPAL MATERIALS.

SEE, YOU HAVE YOUR THREE MAJOR ROADWAYS, COMMERCIAL UNIVERSITY AND MACNAB.

WE TOOK A LOOK AT THE OVERALL CHARACTER AS WELL AS LANDSCAPE AND HARDSCAPE CONDITIONS, AND WE TOOK A LOOK AT THE RESILIENCE OF THE OF THE TREES OUT THERE.

SO WE LOOKED AT WHAT WE HAD COLLECTED OF THE DATA AND WHAT WAS AND WHAT ARE VISUAL OBSERVATIONS WHERE AS WELL WHEN IT COMES TO THE RESILIENCE.

AND WHEN I'M SPEAKING OF RESILIENCE, IT'S IN TERMS OF THE LANDSCAPE RESILIENCE IS THE URBAN TOLERANCE OF A TREE, THE STRUCTURE, THE WIND TOLERANCE, THE ABILITY TO STAVE OFF DISEASE, THE LIFE SPAN AND IF IT'S NATIVE OR NOT.

SO WE'RE LOOKING AT THIS AS WELL INTO THE PRINCIPAL MATERIALS.

WE FOUND THAT THE CITY HAD DID INDEED HAVE A GOOD BASE AND AND IT WAS AT 83 PERCENT OVER SELLINGS, WHICH IS A REALLY GOOD NUMBER.

AND WHEN YOU'RE DISCUSSING THE MINOR TERRIER'S, WE LOOKED AT THE RESILIENCE AS WELL AND THE CURRENT HARDSCAPE SALT THERE AND LANDSCAPE.

AND IT WAS AT OUR EIGHTY FOUR PERCENT OF RESILIENCE OUT THERE IN MINOR INTERIORS.

YOU'RE LOOKING AT YOUR PINE ISLAND, ROCK ISLAND, NOB HILL WHEN HIATUS ROAD.

AND FOR YOUR COLLECTORS, YOU HAD A HIGH RESILIENCE OF 92 PERCENT, AS YOU COULD SEE, RANGES FROM SOUTHGATE TO BAILEY ROAD OF YOUR ROADS FOR COLLECTORS.

AND FOR YOUR LOCAL STREETS, RESILIENCE, WAS THAT AN EIGHTY EIGHT PERCENT? THESE ARE MORE OF YOUR NEIGHBORHOODS.

TIMES THEY'RE INCLOSING, MORE OF THOSE GULF COMMUNITIES FROM BROOKWOOD BOULEVARD TO THE WOODLANDS BOULEVARD.

AND THESE WERE AT A GOOD RESILIENCE OF 80 PERCENT.

NOW YOU HAVE YOUR KEY INTERSECTIONS, SO YOU'RE LOOKING AT COMMERCIAL AND FOR FORTY ONE, MACNAB AND PINE ISLAND HERE, THESE ARE LINE AND.

THESE WE'VE LOOKED AT, HOW WERE THE CROSSINGS ON THEM, WHERE THE UTILITY BOXES WERE, THE OVERALL CHARACTER OF THESE SAFETY CONCERNS OF THESE AND WHAT LANDSCAPE OPPORTUNITIES WERE OUT THERE. SO THESE ARE VERY UNIQUE AND IT'S IT'S HARD TO ACTUALLY GIVE THESE THERE WERE ANALISE ON AN INDIVIDUAL BASIS AND THERE REALLY WASN'T AN OVERALL CHARACTER.

SO KEEP THIS IN MIND WITH WHAT THE PROJECT'S GOING ON BOARD.

AND YOU HAVE YOUR GATEWAYS, WHICH YOU GUYS HAD A GREAT PROGRAM WITH YOUR SIGNAGE, AN UPDATE OF THAT, WHICH IS IT LOOKS VERY GOOD CHARACTER WHEN IT COMES TO THE SIGNAGE.

WE JUST WANT TO PICK IT UP A NOTCH AS WELL AND AND HAVE A LANDSCAPE THAT ACCENTUATES IT.

SO WE TOOK A LOOK TO WHAT WERE THESE OPPORTUNITIES AND WHAT WERE THE CURRENT CONDITIONS WITH THE SIGNAGE AND WHERE THERE WAS REALLY ROOM FOR IMPROVEMENT ON THESE AND HOW TO ACCENTUATE THE SIGNS.

SO OVERALL, YOUR CITY WIDE RESILIENCE RATINGS FOR THE TREE SPECIES WAS AT A EIGHTY NINE

[00:55:02]

PERCENT, THIS IS HIGHER THAN MOST OF THE OTHER CITIES AND IT GIVES A GOOD FOUNDATION FOR WHERE THE CITY IS AT AND IS JUST A POINT OF REMOVING JUST A FEW OF CERTAIN SPECIES, WHICH ARE NOT THAT MANY THAT ARE NOT RATING AS HIGH AS TIME PASSES.

MAYBE SWITCH IT OUT, MAYBE IF THEY FALL OVER DURING HURRICANE SEASON OR AS A PLAN MOVING FORWARD. SO BY REMOVING AT LEAST 20 OF THE 20 PERCENT RESILIENCE TREES, YOU'LL BE AT A 90, 90 PERCENT.

AND IF YOU WERE TO REMOVE THE TREES AND REPLACE THEM BASICALLY WITH THE ONES THAT ARE RATED AT 40 PERCENT, YOU WOULD BE AT A NINETY ONE PERCENT, WHICH IS AMAZING.

AND THE POINT OF THIS, TOO, IS THAT WE WANT TO MAKE SURE THAT YOUR TREE, YOUR TREE PALETTE IS DIVERSE AND YOU WILL BE ABLE TO CONTINUE WITH THAT RESILIENCE THROUGHOUT THE YEARS TO COME. SO NOW WE'RE LOOKING AT THE OPPORTUNITIES AND STRENGTHS.

AND THESE ARE A SERIES OF MAPS THAT WE HAD WE LOOKED AT TO YOUR STREET HIERARCHY AND THEN WHAT WERE THE CURRENT TREE LOCATIONS AND WHICH WHICH ROADWAYS ACTUALLY HAD AN ABUNDANCE OF OF TREES AND HOMES AND WHICH ONES WERE LACKING COULD USE SOME MORE OF THOSE AREAS, TREES AND PONDS. YOU LOOKED AT JURISDICTION, WHICH IS VERY IMPORTANT TO SEE WHERE IT WAS OF A ROADWAY WITH CITY AND COUNTY OWNED OR OFF.

WE ALSO LOOKED AT THE COMMUNITY AND BUSINESS IDENTITY WHERE YOU LOOKED AT YOUR NEIGHBORHOODS AND REDEVELOP IN AREAS AND THEN ALSO TO DIDN'T FURTHER OBSERVATION OF THE GATEWAYS AND INTERSECTIONS AND THOSE TRAFFIC VOLUMES AND WHICH INTERSECTIONS YOU WERE MOST SOME OF THE MOST VISITORS.

YOU LOOK AT THE HARDSCAPE, WHERE WERE THE HARDSCAPE AND WHAT WERE THE CURRENT CONDITIONS AT TIMES THESE HARDSCAPE WERE THESE PROJECTS WERE INSTALLED AT DIFFERENT TIMES.

SO YOU SAW KIND OF A DIFFERENCE BETWEEN THE PAVERS AND THE HARDSCAPE TYPES.

AND THEN ALSO, TOO, YOU DID SEE SOME AID ON THIS CONDITIONS.

WE LOOKED AT THE SOLAR MICRO CLIMATIC FACTORS AND WE'RE TALKING ABOUT THIS.

IT'S BASICALLY YOUR TREE CANOPY AND THE INTENSITY THAT IT CREATES ON A PEDESTRIAN LEVEL WITH WITH THE HEAT ON THERE.

SO AS YOU CAN SEE, THE LOW INTENSITY, YOU COULD SEE MORE OF A SHADE CANOPY.

AND THIS IS IMPORTANT TO WHEN YOU'RE CONSIDERING THE PEDESTRIAN AND OVERALL SUSTAINABILITY OF OF CITY.

LOOK AT THE CONDITIONS OF THE LANDSCAPE IN RELATION TO AREA, SO THE IRRIGATION SYSTEM AND WHERE YOU COULD SOLVE WENT BACK WITH THE CITY COORDINATION AND OUR FINDINGS WERE WHAT THE LANDSCAPE THAT WAS WASN'T UP TO MIGHT HAVE BEEN NOT ITS BEST, NOT ITS BEST QUALITY OUT THERE. WE SAW THAT THE IRRIGATION SYSTEM IN THAT AREA MIGHT BE AGED OR IT WAS IT WAS NOT ADEQUATE TO SUSTAIN.

SO THAT'S STUFF THAT WE LOOKED AT.

AND OVERALL, WE DID SEE THAT IRRIGATION IN THE CITY IS IS AGED A BIT.

AND YOU SEE THOSE LITTLE ISSUES COMING UP TO PLAY.

WE LOOKED AT THE LANDSCAPE CHALLENGES WITH WHICH WAS BASICALLY WHAT PROJECTS WERE ALREADY ESTABLISHED AND WHAT WAS GOING ON ALREADY AND FUTURE PROJECTS.

AND THEN WE LOOKED AT WHAT WHAT ARE THE MATERIAL OPPORTUNITIES, WHAT WHAT COULD WE DO, WHICH WERE THE AREAS WHERE IT WAS WHERE THERE WERE OF IMPORTANCE, YOUR KEY INTERSECTIONS, YOUR GATEWAYS, AREAS WHERE RECREATIONAL AREAS ARE YOUR SHOPPING CENTERS, YOUR GOVERNMENT BUILDINGS, AREAS THAT ARE IMPORTANT TO ACCENTUATE AND MAKE SURE THE LANDSCAPE SURROUNDING IT IS UP TO PAR.

WHEN WE LOOKED AT THE PLANT MATERIAL, WE WANTED TO MAKE SURE WE HAD A SIGNATURE BRAND TAMIRA FOR A CITY, TAKE IT UP A NOTCH AND SEND IT WITH IN CERTAIN AREAS WHERE WHERE IT'S POSSIBLE WHEN THE JEWEL DATE PALMS SHADE TREES TO CREATE THAT PEDESTRIAN ATMOSPHERE AND FLOWERING TREES TO ACCENTUATE THOSE IMPORTANT CORRIDORS, ADD SMALL SHRUBS, FIRAXIS SMALL PALMS AND MORE IMPORTANTLY, THE SPECIES DIVERSITY.

BECAUSE IF LET'S SAY, WHY IS THIS IMPORTANT?

[01:00:01]

BECAUSE IF YOU HAVE A DIVERSITY OF SPECIES, IF ONE LET'S SAY DISEASE COMES ALONG AND A CERTAIN PALM IS IS HIT HARD, YOU STILL YOUR LANDSCAPE OVERALL DOESN'T ITS CHARACTER DOESN'T DELINEATE BECAUSE YOU STILL HAVE A DIVERSITY OF OTHER PALMS AND OTHER TREES THAT STILL CREATE THAT GREEN STATE INCREASE.

THE RESILIENCE IS IS OUR MAIN PRIORITY ON THIS.

THEN WE LOOK INTO DESIGN GUIDELINES.

SO IT WAS WE WANTED TO SET GUIDELINES FOR THE SAFETY AND WELL-BEING, WHICH IS VERY IMPORTANT, NOT ONLY OF OF THE PEDESTRIAN TO BE YOUR FINGER AND THEN ALSO TO THE RESILIENCE OF THE CITY AND ITS LANDSCAPE.

SO WE LOOKED INTO THE DISTANCE BETWEEN THE PLANTING'S AND THE SHRUB HEIGHTS TO ENSURE THE VEHICULAR AND PEDESTRIAN SAFETY LOOKED AT ESTABLISHED CURBSIDE GUIDELINES, LOOKED AT THE CURRENT FPL REQUIREMENTS, WHICH ACTUALLY HAVE INCREASED QUITE A BIT BEFORE YOU WERE ABLE TO PLANT LARGE TREES AT 20, 30 FEET APART.

AND NOW IT'S ALL THE WAY TO THE 50 FEET APART, WHICH THAT MAKES A BIG IMPACT ON WHAT YOU'RE PROPOSING FOR A PROJECT.

ALSO LOOKED AT FDA GUIDELINES, SET BACKS FOR VISIBILITY, AND THEN YOU TAKE A LOOK AT YOUR SITE BIEGLER DIAGRAM, WHICH IS BASICALLY MAKE SURE THAT WHILE YOU'RE DRIVING, YOU HAVE THE RIGHT VISIBILITY AND THIS PREVENTS IT PREVENTS ANY CRASHES OR TRAFFIC CAN BE ASSOCIATED WITH WITH THE LANDSCAPE.

WE ESTABLISHED THE INSTALLATION GUIDELINES.

AND WHY WAS THIS CRUCIAL FOR US TO INCLUDE THIS, APART FROM ESTABLISHING THE POUNDS TO TO GROW? IT ALSO ENSURES THAT THE RIGHT OF PONTIN IS DONE FOR TO ENSURE THE LIFESPAN OF THE TREE OR THE PALM. WE LOOKED AT HARDSCAPE GUIDELINES CURRENTLY, IT'S A LOT OF DIVERSE HARDSCAPE WITH THE PAPERS, IT DOESN'T HAVE A CONSISTENT CHARACTER OUT THERE BECAUSE OF THE WAY THROUGH TIME OF THE DIFFERENT PROJECTS, THE WORKS.

SO WHAT WE'RE PROPOSING IS TO CREATE A UNIFORM CHARACTER PROPOSING THAT HAIR AND BONE TO BE THE MAIN PATTERN FOR THIS AND MORE IMPORTANTLY, TO ESTABLISH GUIDELINES THAT BASICALLY IT'S THE THE THE GROUND IS COMPACTED TO PREVENT 17 OF THE PAVERS, BECAUSE WE DID SEE THIS OUT THERE BECAUSE OF THE AGE NATURE OF THESE PAPERS, OF THESE HARDSCAPE OUT THERE.

AND THEN WHEN WE LOOKED INTO WHAT WAS RECOMMENDED LIST OF FOUR FOUR PLANS, WHERE ARE WE GOING TO PROPOSE, WHICH WE USE A LOT OF YOUR YOUR CURRENT PLANTINGS? AND THEN WE WANTED TO MAKE SURE THESE WEREN'T SITUATED IN THE RIGHT PLACES.

SO WHEN IT COMES TO THE PRINCIPAL MATERIALS AND MINOR INTERIORS, WE WANTED TO FOCUS ON FLOWERING TREES AND SHADE TREES THAT ACCENTUATED THESE IMPORTANT CORRIDORS AND ALSO WANTED TO BRING IN MAKE SURE AND THE PRINCIPAL ARTERIES MEET AND SPEND IN THE RIGHT SPOTS TO INCLUDE THE JEWELS AS YOUR SIGNATURE.

AND THEN MORE IMPORTANT TO YOUR SHRUBS AND BROWN COVERS IN THESE AREAS WOULD BE OF ACCENTS AND MORE OF A COLOR.

YOU LOOKED INTO THE COLLECTOR ROADS AND THE LOCAL STREETS.

IT'S MORE OF A PEDESTRIAN FOCUS WITH THE SHADE TREES AND AND MORE OF THE SHRUBS AND THE GROUND COVERS, BUT MOST IMPORTANTLY, SHADE TREES AND BEING ABLE TO CREATE THE RESIDENTIAL THAT PEDESTRIAN FOCUS OF IT AND BE ABLE TO HELP WALKABLE NEIGHBORHOODS.

AND YOU LOOKED INTO YOUR KEY INTERSECTIONS AND YOU GET WHERE YOU WANT TO HAVE THOSE ACCIDENTS, FLOWERING TREES AND THOSE SHADE TREES AND YOUR MODULES AND YOUR ACCESS AND PALMS AND YOUR COLORFUL SHRUBS AREAS.

AND THEN WE LOOK INTO OUR ESTABLISHER TYPICAL CONCEPTUAL LANDSCAPE FEATURES, AS YOU CAN SEE, THESE ARE EXISTING PRINCIPAL ARTERIALS.

YOU COULD SEE THE BEFORE WHERE YOU HAVE PROBABLY ONE OR TWO SHADE TREES.

[01:05:05]

AND THEN IF YOU GO INTO THE NEXT SLIDE, YOU COULD SEE HERE WHAT THE PIT BULLS WITH THE BOMBS OR AN AX AND MORE OF THOSE FLOWERING TREES AND THE CHANGES YOU COULD TAKE A LOOK TO VERY IMPORTANT. WELL, WE TRIED TO DO WAS THE ESTABLISHMENT OF THE HARDSCAPE WITH THE BULLDOZERS, THE HERRINGBONE PATTERN AND ALSO TO THE SHRUB BED IS ALWAYS PUSHED BACK.

AND ON THE SIDES OF THESE MEDIANS ARE TWO FEET FOR FOUR MAIN AND SAFETY.

THIS IS VERY IMPORTANT JUST TO MAKE SURE THAT THE LOOK IS CONSISTENT AND ALSO HELPS WITH THE MAINTENANCE UPKEEP OF THESE.

LOOK DOWN TO YOUR EXISTING MINOR CARRIERS, YOU CAN SEE AGAIN HERE YOU HAD PROBABLY ONE OR TWO FARMS, KIND OF YOU DON'T SEE MUCH OF A TREE CANOPY CURRENTLY OUT THERE.

AND THEN WHAT WE'RE PROPOSING.

AGAIN, THOSE LARGE TREES WITH FLOWERING TREES AND SOME OF THOSE ACCENT PALMS AS WELL.

AND AGAIN, YOU SEE THE CONSISTENCY WITH THE SET BACK OF THE SHRUB BED AND FOR MAINTENANCE. AND YOU CAN SEE IT STARTS BECOMING MORE OF A WALKABLE AND MORE OF A PEDESTRIAN FRIENDLY LOOK AND CHARACTER.

YOU SEE HERE THE EXISTING COLLECTOR ROADS WITH THESE ARE YOU'RE STARTING TO GET MORE INTO YOUR RESIDENTIAL AREAS WHERE YOU DO HAVE ONE OR TWO MORE OF A TREE CANOPY.

BUT THERE ISN'T SO MUCH OF A CONSISTENT LOOK WITH THE SHRUBS OR THE PALMS. SO ON THE PROPOSALS, YOU COULD SEE MORE OF THAT TREE CANOPY AND THAT LUSHNESS THAT IT CREATES THAT CHARACTER AND THAT IT CHANGES THE CHARACTER OF THE NEIGHBORHOODS.

IT BEGINS TO. AND THESE ARE YOUR LOCAL STREETS, SO YOU CAN SEE HERE A LOT OF THEM DO HAVE SOME OF THE GOLF CARTS CROSSINGS AND YOU SEE MORE PEOPLE OUT THERE, HIGH TRAFFIC AREA.

SO IT'S VERY IMPORTANT THAT WE ARE ABLE TO PROPOSE TREE CANOPIES AND IMPROVE THE PEDESTRIAN WALKWAY IN THESE LOCAL STREET AREAS.

AND WE HAVE MORE OF THAT CAPACITY FOR THIS AS WELL, BECAUSE MOST OF YOUR PRINCIPLES AND YOUR MINOR ARTERIAL ROADWAYS ARE BASICALLY ALONG COMMERCIAL AREAS, WHICH A LOT OF THEM HAVE POWER LINES, AND YOU'RE NOT ABLE TO PROPOSE SOME OF THOSE LARGE SHADE TREES ALONG THE RIGHT OF WAY. YOU BASICALLY HAVE TO FOCUS ON THE MEDIANS, BUT HERE YOU COULD PLAY MORE WITH IT. AND WE'RE LOOKING INTO YOUR EXISTING GATEWAY SIGNS.

SO THAT AMAZING JOB WITH THE WITH THE SIGNS LOOK TERRIFIC.

VERY STRONG CHARACTER THROUGHOUT.

SO WHAT IS GOING TO TAKE IT UP THE NOTCH? I WOULD SAY YOUR ACCENT, YOUR JEWELS, YOUR STATEMENTS OF THIS IS TAMARAC, THIS IS CITY OF TAMARACK AND YOUR ACCENTS AND ACCENTUATING COLORS WITH YOUR SHRUB THAT YOU SEE HERE, TOO, WITH THE SMALLER SIGN.

THE NEXT LINE ON.

SO BEFORE MAYBE HAD SOME SMALL BOMBS AND THERE YOU MAKE A BIG STATEMENT OF YOUR ENTRANCE WITH YOUR YOUR STATEMENT BOMBS AND SHRUBS, WHICH ARE BAD, AND THEN YOU'RE LOOKING INTO YOUR INTERSECTION. SO WHAT IS KEY WHEN YOU'RE LOOKING AT KEY INTERSECTIONS, IF THEY'RE ALL VERY DIFFERENT? SO EACH PROJECT WILL BE VERY SPECIFIC AND IT WILL INVOLVE THE COORDINATION OF THE CITY WITH THE PROPERTY OWNERS BECAUSE THE RIGHT AWAY IS THAT SO CERTAIN AREAS.

AND WE LOOKED AT SOME OF THE CONSTRAINTS WHEN WE WERE OUT THERE.

YOU HAVE THE POWER LINES, UTILITIES, THE POWER BOXES, THE LIGHT POLES, THE TRAFFIC FLOW OF TRAFFIC FLOWS.

YOU KIND OF HAVE OBSTRUCTED PLANTING OPPORTUNITIES.

SO WE HIGHLIGHTED HERE WHERE YOU COULD ACTUALLY HAVE OPPORTUNITIES THAT WE COULD ACTUALLY MAKE AN IMPACT ON THE MEDIANS.

THEY'RE VERY THERE WERE ALL ANALYZED SPECIFICALLY PER KEY INTERSECTION.

AND NOW WE'RE GOING INTO THE IMPLEMENTATION AND WHAT IT WOULD ACTUALLY COST TO IMPLEMENT SOME OF THESE. KEEP IN MIND, THIS IS THESE THESE WERE ALL SEGREGATED EACH QUARTER OR WERE

[01:10:02]

SEPARATE. SO IF THE CITY DETERMINES THIS CORRIDOR IS IMPORTANT, YOU CAN PICK UP THAT PROJECT AND THE COST OF IT IS SEPARATE.

SO IT GIVES THE CITY THAT ABILITY TO PRIORITIZE ITS PROJECTS.

SO YOU LOOKED AT THE GRAND TOTAL OF THIRTY SIX MILLION IN THERE.

AND KEEP IN MIND THAT THE MOST THING THAT THE COST IS ORIENTED IS YOUR IRRIGATION BECAUSE OF ITS AGE, WHICH BY IMPLEMENTING A NEW IRRIGATION, LITTLE BY LITTLE, YOU'RE GOING TO SAVE THE CITY MONEY BECAUSE IT'S GOING TO BE MORE SUSTAINABLE AS WELL.

SO IN THE LONG RUN, IT PAYS OFF.

AND ANOTHER HIGH COST, TOO, IS THE HARDSCAPE BECAUSE OF ITS CONDITION OUT THERE AND SAFETY CONCERNS AS WELL, BECAUSE PAVERS ARE KIND OF CONCAVE.

SO THOSE ARE YOUR MAIN COSTS, KIND OF DRIVEN BECAUSE YOUR LANDSCAPE IS IN A GOOD SHAPE AND IS JUST PUTTING IT TO THE NEXT STEP.

AND WE LOOK TO WHAT IT WILL COST WITH INFLATION OVER THE 10 YEAR SPAN.

AND THIS IS KIND OF LIKE GOT A ONE POINT TWENTY FIVE INFLATION RATE OVER 10 YEARS.

AGAIN, THIS DEPENDS ON THE PARTY OF THE CITY OF WHAT WHAT PROJECTS IT CHOOSES TO BE.

SO YOU'RE LOOKING AT FORTY ONE MILLION AVERAGE.

AND AGAIN, EACH CORRIDOR IS SEPARATE.

SO THE CITY HAS THE WAY IT'S BROKEN DOWN.

THE CITY HAS THE ABILITY TO PRIORITIZE WHICH PROJECTS THEY WILL CHOOSE TO AND WHICH WILL MAKE THE BIGGEST IMPACT.

AND THAT'S KIND OF WHERE WE WANTED TO ESTABLISH THE COST.

THAT AND ALSO JUST SOME OF THE LOW PRIORITY FOR FUTURE NETSCAPE OPPORTUNITIES OR COMMERCIAL BOULEVARD BECAUSE OF THE CURRENT IMPROVEMENTS THAT WERE DONE THERE.

AND THEN WE'RE LOOKING INTO RECOMMENDATIONS.

WE LOOKED AT WHERE COULD WE GENERATE THESE COSTS FROM WHERE IT COULD HELP AS WELL.

YOU'RE LOOKING INTO PROPOSING TO ADOPT THE BALANCED REVENUE GENERATION STRATEGY.

THAT'S MORE OF A TWENTY FIVE PERCENT OF FUNDING BY THE FUTURE DEVELOPMENT ACTIVITY AND THEN SEVENTY FIVE PERCENT OR COMBINATION OF GRANTS, CITY ISSUED BONDS AND REDEVELOPING ACTIVITY. WE ENCOURAGE PRIVATE PARTNERSHIP IN COMPLETING THE STREETSCAPE IMPROVEMENTS BY PROVIDING IMPAC FEE CREDITS FOR THOSE PROPERTIES, COMPLETING PORTIONS OF THE STREETSCAPE.

IN CONJUNCTION WITH THE DEVELOPMENT OF THIS, WE BELIEVE THIS WOULD HELP.

AND THEN ALSO WE HAVE FREE NURSERY SPACE.

WHERE WOULD YOU BE ABLE TO KEEP SOME OF THESE PROPOSALS OR ACQUIRE SOME OF THESE, YOU KNOW, THROUGH TIMES LOOK INTO PREFERRED LOCATION, WHICH WOULD BE SELF YOUR TRAIL AND THEN SOME OF THE SECONDARY OPTIONS AS WELL, SABL, PLUM PARK, THE WILDLIFE PRESERVE AND SUNSET PARK. BUT MAINLY I THINK THERE'S A GREAT OPPORTUNITY FOR FREE NURSERY SPACE AND THE S8 LINEAR TRAIL, AND THIS HELPS THE CITY SAVE MONEY AS WELL.

AGAIN, THANK YOU GUYS.

THANK YOU VERY MUCH FOR YOUR VERY DETAILED PRESENTATION.

APPRECIATE. I'M GOING TO ASK THE CITY CLERK IF THERE'S ANY COMMENTS FROM THE PUBLIC AT THIS TIME. WE HAVE NO COMMENT AT THIS TIME.

OK, EXCELLENT THAT I'M GOING TO TURN OVER TO THE COMMISSION AND COMMISSIONER FISHMAN HAS A QUESTION. I ACTUALLY HAVE A COUPLE OF QUESTIONS BASED ON THE PRESENTATION.

YOU SAID THAT THERE WERE THREE THOUSAND NINE HUNDRED AND TWENTY EIGHT TREES THAT YOU COUNTED. MY FIRST QUESTION IS, IS THAT ON IS THAT ONLY ON CITY OWNED PROPERTY OR IS THAT THROUGHOUT THE CITY THAT IS STILL CITY OWNED PROPERTY IN THE RIGHT OF WAY? SO, OK. AND THEN HOW DOES THAT NUMBER COMPARE TO THE STUDY THAT WAS DONE IN 2012? SO WE THE COMPARISON TO IT IS THERE WAS AN ADDITIONAL FIVE HUNDRED AND NINETY FIVE TREES THAT WERE OF A DIFFERENT.

SO BASICALLY WERE NEW TREES.

ARE YOU PLANTING ON THEIR.

BUT IT WAS OVERALL, WELL, OUR ARBORIST CERTIFIED ARBORIST SAW OVERALL GOOD CONDITION OUT THERE. SO, LIKE I SAID, YOU HAVE A GOOD FOUNDATION TO WORK WITH, RIGHT.

AND THE AREAS WHERE WE HAD IRRIGATION ISSUES AND THE TREE SCAPE WAS NOT AS ROBUST FOR THOSE TREES, NATIVE OR NON-NATIVE.

YOU HAVE A HIGH NEED OF YOUR SPECIES ARE USUALLY VERY NATIVE.

AND WE DIDN'T SEE A RELATIONSHIP BETWEEN THE IF IT WAS NATIVE OR NOT.

[01:15:04]

WITH THE IRRIGATION IN GENERAL, YOUR IRRIGATION SYSTEM IS AGE.

AND FEEDBACK THAT WE RECEIVED FROM THE LANDSCAPE SUPERVISOR AS WELL AS THE OPERATIONS MANAGER WAS THAT THE SYSTEM IS AGE AND THAT THEY HAVE THEIR MAINTENANCE, THAT THEY DO A PHENOMENAL JOB OF WHAT THEY HAVE IN THE SYSTEM.

BUT IT TAKES A LOT OF MAINTENANCE TO UPKEEP WITH THIS IRRIGATION SYSTEM.

OK, AND JUST FOR CLARIFICATION, THIS IS JUST A THIS IS JUST A REPORT.

THIS IS NOT SOMETHING THAT WE'RE MOVING FORWARD WITH RIGHT AWAY.

THIS IS A REPORT AND IT'S KIND OF PROPOSED GUIDELINES OF DISCRETION OF THE SCHOOL. THEY WILL TAKE, YOU KNOW, WHEN AND WE PUT A 10 YEAR SPAN, BUT THIS COULD BE FOUR YEARS COMING IS JUST WHEN PROJECTS COME ALONG.

THERE'S A LINE THAT THEY THOUGHT THAT'S THE MOST IMPORTANT POINT.

I JUST WANT TO CLARIFY FOR ANY RESIDENTS WHO MAY BE LISTENING AND SAYING, WHY ARE WE LOOKING AT A FORTY ONE MILLION DOLLAR PROJECT WHEN WE'RE GOING TO BE TALKING ABOUT BUDGET CUTS? SO THIS IS JUST A PROPOSED PLAN.

THIS IS NOT SOMETHING THAT'S GOING INTO EFFECT RIGHT AWAY.

THAT IF I MAY JUST ADD TO THAT.

COMMISSIONER, I'M SORRY.

CAN YOU HEAR ME? YES.

SO, COMMISSIONER, YOU ARE ADOPTING THE MASTER PLAN AS AN IMPLEMENTATION TO YOU ARE ADOPTING THE RECOMMENDATIONS.

CERTAINLY ANY EXPENDITURES THAT WILL COME FROM THAT PLAN, YOU WOULD SEE AT A FUTURE DATE.

SO IF WE ARE GOING TO PRIORITIZE AND THEN WE WOULD DO IT THROUGH THE BUDGET PROCESS AND YOU WOULD SEE AT A FURTHER DATE.

SO NO EXPENDITURE EXPENDITURES ARE BEING AUTHORIZED TODAY.

THANK YOU. THANK YOU BOTH.

COMMISSIONER PLAKA, THANK YOU.

THANK YOU, COMMISSIONER FISHMAN, THAT WAS GOING TO BE ONE OF MY COMMENTS THAT THIS IS A PROPOSAL WE ARE NOT LOOKING TO SPEND FORTY ONE DOLLARS MILLION AT THIS POINT.

HOWEVER, I DO HAVE A QUESTION TO PIGGYBACK A LITTLE BIT ON WHAT, COMMISSIONER, THAT SOME OF THE AREAS WHERE THE TREES ARE NOT AS ROBUST AS OTHERS ARE, YOU KNOW, ARE OUR IRRIGATION SYSTEMS, DO THEY HAVE SENSORS THAT IF IT RAINS, THEY DON'T NEED TO GO ON? I DON'T KNOW THAT YOU WOULD KNOW THAT, BUT I HAVE LEARNED THAT THE HARD WAY.

SO I WOULD BE INTERESTED TO KNOW IF OUR IRRIGATION SYSTEMS ARE EQUIPPED WITH THAT, BECAUSE THAT CAN MAKE A DIFFERENCE.

YOU CAN OVER WATER IF IT RAINS A LOT AS IT HAS IN CURRENTLY, THEN DROPPED.

SO, AS I SAY, I'M NOT SURE YOU CAN ANSWER THAT, BUT I WILL THROW THAT OUT FOR SOMEONE ON STAFF SERVICES.

YES, ALL OF OUR IRRIGATION SYSTEMS ARE ACTUALLY OUTFITTED WITH THOSE SENSORS AND ALL OF OUR MEDIA AND LANDSCAPES HAVE BEEN CERTIFIED AS FLORIDA FRIENDLY.

SO NOT ONLY DO WE NOT OVER WHAT ARE WE DOING OVER FERTILIZE, WE DO EVERYTHING THAT IS RIGHT FOR MOTHER NATURE.

THANK YOU, JACK.

THANK YOU, JACK. THANKS, MAYOR.

THANK YOU, COMMISSIONER.

ELLEN. YES, YES.

SO THAT'S FOR MAXINE, YOU'RE SAYING WE'RE ADOPTING THIS AS A MASTER PLAN IF WE APPROVE THIS, WHAT IS THE TIMETABLE FOR IMPLEMENTATION? SO WHAT'S BEING PROJECTED IN THE PLAN, COMMISSIONER, IS A 10 YEAR IMPLEMENTATION TIMELINE AND SO WHAT STAFF WILL DO? AND IF YOU NOTICE IN THE RECOMMENDATION, THE CONSULTANT IS SUGGESTING THAT WE TRY TO SEEK FUNDING. THERE'S DIFFERENT METHODOLOGY, INCLUDING PARTNERSHIP WITH PRIVATE DEVELOPER IMPACT ASSESSMENT.

IN ADDITION TO THAT, WE THINK THAT THERE IS AN OPPORTUNITY TO SUBMIT SOME OF THESE PROJECTS TO THE SIRTEX PROGRAM, IF WE CAN IDENTIFY WILL BE IMPROVEMENTS ALONG WITH THOSE.

SO WE WILL DETERMINE AFTER THIS IS ADOPTED HOW WE CAN BEST PRIORITIZE THIS OVER A 10 YEAR PERIOD WILL BRING THOSE AREAS THAT WE BELIEVE NEEDS IMMEDIATE ATTENTION TO YOU FIRST.

AND WE WILL THINK ABOUT HOW FROM A BUDGET STANDPOINT, HOW WE WOULD FUND THESE PROJECTS WHEN WE BRING THEM TO YOU.

OK, KNOW THERE ARE SOME RESIDENTS THAT HAVE COMPLAINED AND CALLED ME OR THE CITY MANAGER DIRECTLY, I'VE INTRODUCED YOU TO ONE OF THEM, AND I'M WONDERING IF THERE'S LIKE AT LEAST

[01:20:01]

A PLAN FOR, LIKE NEXT YEAR OR HAS THAT BEEN DISCUSSED OR YOU'RE WAITING FOR THIS TO GET APPROVED AND YOU'LL DISCUSS IMPLEMENTATION.

BUT IS THERE LIKE A TWO YEAR PLAN FOR YOUR PLAN, A SIX YEAR PLAN AND WHAT AREAS YOU'RE GOING TO TARGET WITHIN THE FIRST COUPLE OF YEARS? YOU KNOW, WE ANTICIPATE GOING FORWARD THAT AT LEAST ANNUALLY WE WILL INTRODUCE SOMETHING IN THE CIPA PROCESS, WILL PROPOSE SOME TYPE OF A PROJECT COMING FROM THIS PLAN ON AN ANNUAL BASIS THAT'S ALREADY WE HAVE NOT YET DECIDED.

ALL RIGHT. THANK YOU. THANK YOU VERY MUCH AND I APPRECIATE THE DETAIL, ESPECIALLY WITH THE CORNERS AND THE MEDIA, AND SOMETIMES IT'S VERY HARD IF YOU HAVE YOUR CAR SET A LITTLE BIT LOWER, TURNING SOME OF THE CORNERS AND MAKING SURE THAT OUR RESIDENTS ARE SAFE AT THIS TIME, SEEING THAT THERE'S NO OTHER COMMENTS, IF YOU WOULD.

CITY CLERK, PLEASE CALL THE ROLL.

MR. PLECO. YES, MR. VICE. MAYOR BOLTON. YES.

COMMISSIONER FISHMAN. YES.

AND MAYOR GOMEZ. YES.

THE MOTION PASSES UNANIMOUSLY, FIVE TO ZERO.

EXCELLENT. THANK YOU. NOW WE'RE MOVING ALONG TO EIGHT D T OUR A ONE THREE FOUR THREE ZERO CITIZEN PARTICIPATION PLAN AND FLIGHT NINETEEN DASH TWENTY ACTION PLAN AMENDMENT.

SO THE ATTORNEY, WE PLEASE READ THE TITLE FOR THE RECORD.

YES. MAYOR, THANK YOU VERY MUCH.

YOU CAN HEAR ME OK. YES, OK.

TEMPORARY RESOLUTION NUMBER IS IN FACT ONE THREE FOUR THREE ZERO AND IT READS AS FOLLOWS FOR THE PUBLIC RECORD. IT IS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARACK, FLORIDA, APPROVING AN AMENDMENT TO THE CITY'S PREVIOUSLY ADOPTED CITIZEN PARTICIPATION PLAN AND ANNUAL ACTION PLAN FOR FISCAL YEAR TWENTY NINETEEN TWENTY TWENTY, WHICH IS ATTACHED TO IS EXHIBIT A AND B, RESPECTIVELY, FOR EXPENDITURE OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT.

THAT'S CHEBEAGUE PROVIDING FOR THE INCORPORATION OF HOUSING ASSISTANCE, PAYMENT AND ECONOMIC DEVELOPMENT ACTIVITIES UNDER PUBLIC SERVICES, THE ALLOCATION OF CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY UNDER THE KAHRIZAK.

THAT SERIOUS ACT FUNDS TO COVER THE COST ALLOCATED WITH THE NEW ACTIVITIES AND THE REALLOCATION OF A CERTAIN PORTION OF THE TWENTY NINE TO TWENTY NINETEEN TWENTY TWENTY MINOR HOME REPAIR PROGRAM TO THE HOUSING ASSISTANCE PAYMENT PROGRAM AND THE EXPANSION OF EXISTING PUBLIC SERVICES, PROVIDING FOR A COMPLEX SEVERABILITY AND FINALLY PROVIDING FOR AN EFFECTIVE DATE. A TEMPORARY SOLUTION.

ONE THREE FOUR THREE ZERO NINE ON THE FLOOR.

THANK YOU VERY NAGIN MOTION IS SECOND FOR APPROVAL.

SOME OF YOU CAN'T THANK YOU VERY MUCH.

ARE THERE ANY COMMENTS FROM THE PUBLIC? SO FAR, THERE ARE NOT MANY.

RIGHT. THANK YOU VERY MUCH.

I'D LIKE TO. I'M NOT SURE WHO'S PRESENTING ON THIS ONE, BUT STOP, THERE'S A PRESENTATION, I BELIEVE. YES, THERE IS.

THANK YOU. THANK YOU.

[d. TR13430 - Citizen Participation Plan and FY19-20 Action Plan Amendment A resolution of the City Commission of the City of Tamarac, Florida, approving an amendment to the City’s previously adopted Citizen Participation Plan and Annual Action Plan for Fiscal Year 2019/20 attached hereto as Exhibit “A” and “B”, respectively, for expenditure of the U.S. Department of Housing and Urban Development Community Development Block Grant; providing for the incorporation of housing assistance payment and economic development activities under Public Services, the allocation of Coronavirus Aid, Relief, and Economic Security (CARES) Act Funds to cover the cost associated with the new activities, and the reallocation of a certain portion of FY19-20 Minor Home Repair Program to the Housing Assistance Payment Program and the expansion of existing Public Services; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): Citywide]

INTO YOU. SO, AS YOU KNOW, I THINK THIS HAS BEEN THERE SOME ANTICIPATION, AS YOU KNOW, WE'RE AN ENTITLEMENT JURISDICTION.

WE RECEIVED TWO HUNDRED AND FORTY FIVE THOUSAND FROM THE CURES ACT FOR CHEBEAGUE ALLOCATION THIS YEAR.

AND SO THIS PROCESS IS REQUIRED.

WE ARE AMENDING OUR ACTION PLAN SO WE CAN RECOGNIZE THOSE FUNDING.

IN ADDITION TO THAT, WE'RE MOVING CERTAIN FUNDS FROM OUR CURRENT ALLOCATION SO WE CAN BOLSTER SOME OF THE NEW PROGRAMS THAT WE WILL BE PROPOSING THIS MORNING.

WE'RE ALSO AMENDING OR CITIZEN PARTICIPATION PLAN, WHICH IS A REQUIREMENT.

LET'S QUICKLY THE CODE OF FEDERAL REGULATIONS REQUIRES AN AMENDMENT TO OUR ACTION PLAN.

IF ONE WERE INTRODUCED IN NEW ACTIVITIES, WHICH WE WILL BE DOING THIS MORNING, AS WELL AS IF WE'RE RECOGNIZING FUNDING OR CHANGING THE FUNDING AMOUNT, WHICH WE WILL BE DOING THIS MORNING AS WELL. IT ALSO REQUIRES THAT IF YOU CAN GO ABOUT LAVANT, IT ALSO REQUIRES THAT WE HAVE TO AMEND OR CITIZEN PARTICIPATION PLAN, PRIMARILY IF WE ARE CHANGING THE WAY WE SOLICIT PUBLIC PARTICIPATION AND THIS WAY FOR A CHANGE IN THE MEDIA OUTLET.

IF WE'RE CHANGING THE TIME AND PUBLIC PARTICIPATION NATION, IT REQUIRES THAT WE HAVE TO AMEND OR CITIZEN PETITION TO WEBSITE.

THE CITIZEN PARTICIPATION PLAN IS A FEDERAL REQUIREMENT, IT ALLOWS FOR PARTICIPATION FROM OUR RESIDENTS IN AN ADVISORY ROLE FOR THE PLANNING, THE IMPLEMENTATION AND THE ASSESSMENT OF OUR PROGRAMS. AND WE HAVE TO SOLICIT THOSE COMMENTS AS A PART OF THOSE AMENDMENTS, AS A PART OF THE KIRS ACT LEGISLATION.

OF COURSE, THAT PERIOD WAS REDUCED SO WE CAN EXPEDITE THE PROCESS AND GET THE FUNDS AVAILABLE TO THE PEOPLE WHO NEED IT.

SO THAT PERIOD WAS REDUCED FROM 30 DAYS TO FIVE DAYS.

IT ALSO ALLOWED FOR ADVERTISING AND OUTREACH TO BE DONE ONLINE.

AND OF COURSE, IT ALLOWS FOR THE MEETING TO BE CONDUCTED VIRTUALLY.

EXIDE. RELATIVE TO THE ACTION OF AMENDMENT THAT WE'LL BE TALKING ABOUT THIS MORNING, WE

[01:25:03]

ARE AMENDED SO WE CAN ALLOCATE THE KIRS AT FUNDS WHICH WE RECEIVE, WHICH IS TWO HUNDRED AND FORTY FIVE THOUSAND DOLLARS THIS MORNING.

WE ARE ALSO GOING TO BE REALLOCATING A PORTION OF OUR FISCAL YEAR 19 20 HOME REPAIR PROGRAM SO WE CAN BOLSTER THE HOUSING ASSISTANCE PROGRAM AND ALSO FUND SOME OF OUR EXISTING PUBLIC SERVICES.

WE WANT TO EXPAND THOSE AND TYPICALLY IN THE CASE OF EMERGENCY.

THIS IS NOT UNCOMMON WHERE CITIES WILL REALLOCATE SOME OF THEIR REGULAR ALLOCATION SO WE CAN RESPOND TO THE NEEDS OF THE COMMUNITY, WHICH IS WHAT WE'LL BE PROPOSING THIS MORNING.

IN ADDITION TO THAT, A PART OF THE AMENDMENT WILL INCLUDE THE INTRODUCTION OF NEW PROGRAMS. WE WILL BE INTRODUCING, OF COURSE, THE HOUSING ASSISTANCE PROGRAM, WHICH IS NEW UNDER CHEBEAGUE, AS WELL AS A NEW SPECIAL ECONOMIC DEVELOPMENT PROGRAM, WHICH.

NEXT SLIDE. SO THIS IS OUR PROPOSE ACTION AMENDMENT, CDG BUDGET, AND THIS INCLUDES OUR KAHRIZAK FUNDING AS WELL AS OUR REGULAR CBG ALLOCATION.

AND WHAT I WANT TO BRING YOUR ATTENTION TO IS SPECIFICALLY THOSE WITH WHICH IS UNDER THE EXPANDED PUBLIC SERVICES PROGRAM.

WE ARE REALLOCATING SOME OF OUR REGULAR CBG ALLOCATION, WHICH IS THAT THREE NINETY NINE, FIVE FIFTY TWO, REMOVING SOME OF THAT SO WE CAN BOLSTER THE INTERVENTION SERVICES FOR YOUTH PROGRAM. WE'RE INCREASING THAT ALLOCATION, WHICH IS NORMALLY FOURTEEN THOUSAND TO TWENTY THOUSAND, SO WE CAN FEED AND ASSIST MORE YOUTH, A MINIMUM OF TWENTY FIVE.

AND WE ARE ALSO INCREASING THE ALLOCATION THAT WAS SIXTEEN THOUSAND TO THE SENIOR FEEDING PROGRAM. WE'RE INCREASING BACK TO SIXTY THOUSAND, BUT WE'RE TAKING THOSE FUNDS OUT OF OUR REGULAR THREE NINE TO NINE ALLOCATION SO WE CAN FEED THE 50 SENIORS THAT ARE ON THE TAMARACK WAITING LIST.

IN ADDITION TO THAT, WE ARE PROPOSING NEW PROGRAMS AND ONE OF THE NEW PROGRAMS IS THE HOUSING ASSISTANCE PROGRAM THAT IS GOING TO BE FUNDED WITH KAHRIZAK AT ABOUT ONE HUNDRED THOUSAND. BUT WE WANT TO ALLOW MORE FUNDING FOR THAT PROGRAM.

SO WE'RE MOVING FIFTY THREE THOUSAND SIX HUNDRED AND FORTY FROM OUR REGULAR CDG ALLOCATION INTO THAT PROGRAM SO WE CAN HAVE A TOTAL OF ONE HUNDRED AND FIFTY THOUSAND AVAILABLE FOR THIS PROGRAM.

NEXT LINE. SO JUST SOME BACKGROUND ON THE CAMERAS THAT YOU'RE ALL AWARE OF BACK IN MARCH, TWENTY SEVEN, TWENTY TWENTY, WE, THE FEDERAL GOVERNMENT APPROVE THE CURE.

IS THAT OR ALLOCATION AS AN ENTITLEMENT JURISDICTION WAS TWO HUNDRED AND FORTY FIVE FOR 50. THE CURES ACT ALSO REDUCE THE TIME FRAME FOR PUBLIC PARTICIPATION FROM 30 DAYS TO FIVE DAYS AND ALLOW MEETINGS TO BE CONDUCTED VIRTUALLY.

AND OF COURSE, TO ACCESS THESE FUNDS, WE MUST DO AN AMENDMENT, WHICH IS WHAT WE'RE CONSIDERING THIS WOMAN NEXT LINE.

THEY TALK ABOUT THE NEW ACTIVITIES THAT ARE BEING PROPOSED.

THE FIRST ONE IS THE HOUSING ASSISTANCE PAYMENTS PROGRAM, AND YOU'RE VERY FAMILIAR WITH THIS PROGRAM BECAUSE THE CITY LAUNCHED THIS EARLIER ON IN EARLIER ON IN APRIL, WE LAUNCHED THIS PROGRAM, BUT IT WAS FUNDED THROUGH THE SHIP FUNDS.

SO WE ARE PROPOSING THAT WE CREATE THE SAME PROGRAM USING THE CDG CURES ACT FUNDS.

AND I'LL TALK A LITTLE BIT ABOUT THIS PROGRAM ON THE FUTURE SIDE.

WE'RE ALSO PROPOSING A NEW ACTIVITY, WHICH IS A SPECIAL ECONOMIC DEVELOPMENT ACTIVITY, SO WE CAN PROVIDE SIMILAR TYPE OF ASSISTANCE TO OUR SMALL BUSINESS OR SMALL BUSINESSES.

SO THIS IS A SMALL BUSINESS STABILIZATION PROGRAM.

AND WITH MOST PROGRAM FUNDING, WE HAVE ALLOCATED FUNDS FOR PROGRAM ADMINISTRATION, AND THAT'S FOR THE PLANNING, THE IMPLEMENTATION THAT'S REALLY STAFFING COSTS.

SO YOU'LL SEE THAT GOING FORWARD NEXT.

SO THIS IS OUR CARERS ACT, A BUDGET, THIS IS A TWO FORTY FIVE, FOUR FIFTY THAT WE RECEIVED UNDER THE COVID CARE IS ABOUT A PROGRAM AND THE HOUSING ASSISTANCE PAYMENT PROGRAM.

WE'RE FUNDING AT NINETY SIX THOUSAND THREE SIXTY.

BUT AS MENTIONED BEFORE, WE'RE PULLING FIFTY THREE, SIX FORTY OR MORE REGULAR CDG ALLOCATION SO WE CAN HAVE A TOTAL OF ONE HUNDRED AND FIFTY THOUSAND AVAILABLE FOR THIS PROGRAM. FOR THE SPECIAL ECONOMIC DEVELOPMENT PROGRAM, WE'RE PROPOSING ONE HUNDRED THOUSAND FOR THAT PROGRAM AND FOR A PROGRAM ADMINISTRATION.

AND THIS IS STAFFING AND PLANNING AND IMPLEMENTATION.

WE'RE PROPOSING FORTY NINE THOUSAND NINETY NINE.

SO JUST A BRIEF REVIEW OF THE HOUSING ASSISTANCE PAYMENT PROGRAM AND WHAT THAT COVERS, AS MENTIONED BEFORE WE STARTED THIS PROGRAM IN APRIL, WE LAUNCHED THIS PROGRAM THROUGH THE SCHIP FUNDS.

AND SO CURRENTLY STAFF IS ADMINISTERING THIS PROGRAM.

IT WILL BE THE SAME UNDER THE CBG FUNDS.

THE PROGRAM WILL ASSIST WITH PAST MORTGAGE, RENT AND UTILITY PAYMENTS UP TO THREE MONTHS.

PAYMENTS WILL BE MADE DIRECTLY TO THE MORTGAGE OR THE LANDLORD OR THE UTILITY COMPANY, SO

[01:30:05]

IT WILL NOT BE MADE AVAILABLE TO THE APPLICANT ITSELF.

FUNDS ARE GOING TO BE AWARDED AS A GRANT, BUT NOT EXCEED FIVE THOUSAND DOLLARS TO ANY RECIPIENT. AND JUST SOME OF THE CRITERIA INCLUDE PROOF OF HARDSHIP, WHICH YOU HAVE TO DEMONSTRATE THAT YOU HAVE A HARDSHIP EITHER BY PROVIDING A COPY OF YOUR LATE NOTICE OR EVICTION NOTICE, YOUR NOTICE THAT YOU MIGHT HAVE RECEIVED FROM THE BANK.

YOU'LL ALSO HAVE TO DEMONSTRATE PROOF OF INCOME REDUCTION DUE TO COVID-19.

YOU HAVE ALSO DEMONSTRATED THE NEED FOR INCOME ELIGIBILITY, WHICH IS 80 PERCENT AREA OF MEDIAN INCOME, AND THAT YOUR MORTGAGE IS NOT FEDERALLY INSURED OR SUBSIDIZED RENT.

SO THOSE WOULD NOT QUALIFY BECAUSE THERE'S PROGRAMS ALREADY AVAILABLE FOR THOSE TYPE OF MORTGAGES. THIS ACTIVITY IS APPROVED UNDER THE FEDERAL PROGRAM AND FUNDING FOR THIS AGAIN WOULD BE ONE HUNDRED AND FIFTY THOUSAND DOLLARS.

THAT WOULD BE IN ADDITION TO THE ONE HUNDRED AND TWELVE THOUSAND NINE FORTY ONE THAT IS CURRENTLY BEING UTILIZED UNDER THE SCHIP PROGRAM, WHICH WOULD PROVIDE FOR A TOTAL OF TWO SIXTY TWO NINE FORTY ONE FOR BOTH PROGRAMS ARE ROLLED OUT.

NEXT FLIGHT. NOW, WE DON'T WANT TO FORGET ABOUT OUR BUSINESSES AND WE KNOW THAT THEY HAVE BEEN SUFFERING DURING THE DURING COVID-19 AND SO WE WANTED TO CREATE SOMETHING FOR THEM AS WELL. SO THIS IS A SPECIAL ECONOMIC DEVELOPMENT ASSISTANCE PROGRAM CREATED TO PROVIDE A SAFE HARBOR FOR SMALL BUSINESSES AND THEIR EMPLOYEES.

AND THIS IS JUST SOME OF THE CRITERIA UNDER WHICH THIS PROGRAM WOULD BE ADMINISTERED.

WE WANT TO MAKE SURE WE TARGET THE SMALL BUSINESSES IN THE CITY.

SO IT WOULD BE BUSINESSES WITH 10 EMPLOYEES OR LESS.

THE BUSINESS OWNER WOULD HAVE TO HAVE A HOUSEHOLD INCOME OF 80 PERCENT OR A MEDIAN INCOME, AND THEY WOULD HAVE TO ALSO BE ABLE TO DEMONSTRATE A REDUCTION OF INCOME TO COVID-19.

THE ASSISTANCE WOULD BE PROVIDED AS A GRANT TO SUPPORT THE BUSINESS OPERATIONS AND IT WOULD NOT EXCEED FIVE THOUSAND DOLLARS.

AND THE FUNDS MAY BE USED FOR THE BUSINESS TO PAY FOR EXPENSES SUCH AS RENT, LABOR AND ESSENTIAL SUPPLIES.

THIS IS ALSO A QUALIFYING ACTIVITY.

NEXT LINE. AND WE'VE TALKED ABOUT 80 PERCENT RMI, AND SO I THOUGHT IT WAS IMPORTANT TO INCLUDE IN ONE OF THE SLIDES WHAT THAT LOOKS LIKE.

THIS IS THE INCOME CHART THAT WE USE BOTH FOR THE EMERGENCY RESIDENTIAL EMERGENCY PROGRAM AS WELL AS FOR THE PROPOSED BUSINESS PROGRAM.

SO IF YOU'RE A HOUSEHOLD OF ONE, THAT WOULD BE THE INCOME THAT YOU WOULD HAVE TO BE MAKING TWO, THREE, FOUR, SO ON AND SO FORTH.

I JUST WANTED TO HEAR THAT.

SO THIS SLIDE, JUST SPEAK TO THE PUBLIC NOTICE REQUIREMENT THAT WE MUST MAINTAIN EVEN DURING THIS EMERGENCY.

AND SO WE DID PAUSE THE CITIZEN PARTICIPATION PLAN ON THE WEBSITE ON MAY 18TH IN TERMS OF THE PUBLIC COMMENT PERIOD, WHICH WE KNOW IS FIVE DAYS THAT WAS POSTED ON MAY 21ST AND THAT INCLUDED ON MAY 25TH IN THAT RECEIVE ANY COMMENTS, OF COURSE, WITHIN THE VIRTUAL MEETING THIS MORNING, WHICH IS A REQUIREMENT FOR THE AMENDMENT OF.

NEXT, LET. AS IT RELATES TO THE AVAILABILITY OF THESE FUNDS, YOU MIGHT BE ASKING, ALONG WITH THIS PORTION OF THE PROGRAM BECOME AVAILABLE, THERE ARE A FEW THINGS THAT NEED TO OCCUR BEFORE THE PROGRAM CAN BE ROLLED OUT.

THE ACTION PLAN MUST FIRST BE SUBMITTED TO AN IDEA.

YES. WHICH IS ESSENTIALLY TO THE COUNTY AND THEN TO ULTIMATELY TO THE FEDERAL GOVERNMENT.

AND THAT'S GOING TO BE DONE BY JUNE 12.

AND THEN THE ANTICIPATED APPLICATION PERIOD FOR THIS FUNDING AMOUNT IS SOMETIME LATE JUNE, EARLY JULY THAT WE WILL REOPEN THE PROGRAM FUNDED WITH THE ACT AND WITH CBG.

THE APPLICATIONS WILL BE ADVERTISED ON THE CITY'S WEBSITE AND APPLICANTS WILL BE ABLE TO ACCESS AND MAKE APPLICATION VIA OUR WEBSITE, AS WE HAVE DONE BEFORE UNDER THE SCHIP PROGRAM. OK, THAT CONCLUDES MY PRESENTATION.

I'LL TAKE ANY QUESTIONS YOU MIGHT HAVE NOW.

CITY PARK, ARE THERE ANY QUESTIONS FROM THE PUBLIC? NOT AT THIS TIME, MA'AM. ALL RIGHT, COMMISSIONER ELLEN.

YEAH, SO BURMANS CALLOWAY, HOW MANY PEOPLE HAVE WE ASSISTED SO FAR BASED ON THE INITIAL PROGRAM THAT WE HAD? SO UNDER THE SCHIP FUNDED PROGRAM, WHEN IT CLOSED, WE RECEIVED ONE HUNDRED AND SIXTY FIVE APPLICATIONS AND HALF OF THAT WE HAVE ABOUT 10.

THAT IS PROCESS.

AND WE HAVE FOUR CURRENTLY THAT WE GETTING READY TO FUND THIS WEEK.

[01:35:01]

AND AND WHAT WAS THE TOTAL AMOUNT THAT WAS INITIALLY AVAILABLE? ONE HUNDRED AND TWELVE THOUSAND.

AND ON AVERAGE, HOW MUCH OF THOSE 10 IN-PROCESS GETTING? I APOLOGIZE. BUT FOR THE 10 A.M.

PROCESS, HOW MUCH ARE THEY GETTING? IT CAN GET UP TO FIVE THOUSAND DOLLARS, BUT THE PROGRAM MIGHT HAVE TO GO BACK AND SEE WHAT EACH IS QUALIFIED FOR, BUT NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH YEAR AND THREE MONTHS OR THREE MONTHS OF ASSISTANCE.

AND DO WE HAVE ANY DATA ON ON THOSE FOLKS? OR, FOR EXAMPLE, DO WE KNOW FOR CERTAIN THAT THEY'VE BEEN UNEMPLOYED OR FURLOUGHED OR REDUCTION IN INCOME? DO WE HAVE ANY DATA ON THOSE RESIDENTS? WE DO. IT'S A REQUIREMENT OF THE APPLICATION.

YOU HAVE TO DEMONSTRATE HARDSHIP WHEN YOU HAVE TO PROVIDE THAT TYPE OF INFORMATION AT THE TIME YOU MAKE APPLICATION.

SO WE DO HAVE THAT INFORMATION.

AND WILL THE ONE HUNDRED AND TWELVE THOUSAND DOLLARS BE EXHAUSTED AMONG THOSE 14 INDIVIDUALS OR FAMILIES? WE'RE NOT SURE AT THIS TIME WE ARE PULLING MORE NAMES, BUT WE KNOW IT'S A NEEDED PROGRAM.

WE STILL CONTINUE TO GET CALLS, ALTHOUGH WE KNOW WE HAVE ONE HUNDRED AND SIXTY FIVE THAT MADE IT IN WHEN THE APPLICATION WINDOW CLOSED.

WE STILL CONTINUE TO GET CALLS FROM PEOPLE WHO WERE UNABLE TO MEET APPLICATIONS.

SO I'VE VERIFIED THAT I DON'T HAVE TO BE TOTALLY EXHAUSTED.

BUT WE CONTINUE TO PULL NAMES BECAUSE WE DO HAVE PEOPLE THAT APPLY THAT EITHER AN FHA MORTGAGE. SO THEY'RE EITHER NOT READING THE REQUIREMENTS THOROUGHLY OR THEY'RE JUST SUBMITTING. SO WE HAVE SOME PEOPLE THAT WE HAVE TO DISQUALIFY BECAUSE EITHER THEY HAVE SUBSIDIZED RENT OR THE MORTGAGE, WHICH WILL DISQUALIFY YOU.

RIGHT. AND I'LL RECOUNT THE CALLS SO WE KNOW WE HAVE FIVE APPLICATIONS, BUT ARE WE COUNTING THE ADDITIONAL CALLS THAT WE'RE GETTING BEYOND THOSE WHO HAVE SUBMITTED APPLICATIONS? WE CAN ONLY.

WE DON'T AND WE DON'T LIKE THEM, COMMISSIONER.

NO. OK.

AND WHEN WE PROMOTED THE PROGRAM, WERE THERE ANY SOME SOME SOME EMAIL? THERE ARE SOME PROGRAMS OUT THERE THAT ALLOW YOU TO KIND OF TAG AN EMAIL OR TAG AN ELECTRONIC ITEM TO FIND OUT HOW MANY PEOPLE DOWNLOADED IT, LOOKED AT IT.

DO WE HAVE ANY ANY ANY DATA ANALYTICS ON PEOPLE WHO ARE ELECTRONICALLY INTERESTED IN THE PROGRAM BY WAY OF DOWNLOADER OPENING OF AN EMAIL? OK, WE DO IT SO WE CAN TELL YOU.

SO WE KNOW AT THE CLOSE ONE SIXTY FIVE WHAT WE CAN TELL HOW MANY EITHER ATTEMPTED OR STARTED AN APPLICATION PROBABLY DIDN'T COMPLETE, BUT YES.

OK. NICE TO HEAR WHAT THOSE NUMBERS ARE.

AND THEN WHAT THE, WHAT THE TOTAL FORTY FIVE THOUSAND DOLLARS THAT WE WERE EXPECTING.

HOW MANY, HOW MANY DO YOU ANTICIPATE THAT WILL BE ABLE TO HELP WITH THAT AMOUNT OF.

SO IT'S A TOTAL.

SO SHOULD I ASSUME ABOUT 16 PEOPLE, IF I TAKE THE 20 FORTY FIVE THOUSAND DIVIDED BY 15, SO I DON'T KNOW IF IT'S ONE HUNDRED AND FIFTY THOUSAND THAT WE'RE PROPOSING.

WE ARE DOING WE'RE PROPOSING ONE HUNDRED AND FIFTY THOUSAND, ABOUT NINETY SIX FROM THE CARES FUND AT ABOUT FIFTY SIX OR SO FROM CDG.

OK. EIGHT, EIGHT, NINE ASSISTS, A MINIMUM OF 30 MAXIN, IF YOU CAN JUST REPEAT THE LAST SENTENCE, CUT OFF FOR THE RECORD, IF YOU WOULDN'T MIND, PLEASE, I'M SORRY, INTERRUPTION SO PROVIDED WE HAVE WE ASSIST AT THE MAXIMUM OF FIVE THOUSAND, WE WOULD BE ABLE TO DO A MINIMUM OF 30 AND A MINIMUM BECAUSE IN SOME CASES YOU'RE NOT ASSISTING WITH AND YOU MAY BE ASSISTING LESS THAN FIVE THOUSAND, WHICH WOULD ALLOW US TO DO MORE.

BUT EVERY PERSON ALREADY GOT FIVE THOUSAND DOLLARS AND WE WOULD BE ABLE TO THIRTY THREE POINT SIX INCHES OF.

AND I HAD A QUESTION ABOUT THE INCOME REQUIREMENTS, BUT YOU DID SHOW, AM I RIGHT, PARTNER, WHAT BROWARD COUNTY IN TERMS OF EDUCATING RESIDENTS ON THE PROGRAMS THAT THEY HAVE OFFERED? I CONTACTED THE HUMAN SERVICES DEPARTMENT AND THEY WERE TELLING ME THAT I COULD FIND A TEXT. DEPENDING ON THE SITUATION, RESIDENTS CAN HAVE THEIR MORTGAGE PAYMENTS

[01:40:02]

WAIVED OR HELD IN, FIND THE EXACT LANGUAGE FOR 12 MONTHS.

SO SHE SAID, WHY WOULD SOMEONE APPLY FOR A MORTGAGE ASSISTANCE WHEN THEY CAN DEFER THEIR PAYMENTS FOR 12 MONTHS BY ASKING OR WORKING WITH THE BANK, OR ARE WE AWARE OF THAT PROGRAM? AND ARE WE SHARING THAT WITH RESIDENTS IN THE COMMUNITY? THEY ARE, BUT THAT'S FOR FHA BACKED MORTGAGES.

AND SO THAT'S WHY IF YOU RECEIVE YOUR MORTGAGE, IS FHA BACK THEN YOU WOULD NOT QUALIFY FOR OUR PROGRAM. SO IT'S UNDER CONSIDERATION IS AN ELIGIBILITY REQUIREMENT ON HER APPLICATION. OK, SO THAT ONLY APPLIES TO FHA LOANS.

YES. YES. SPRINT, RIGHT? OK, AND DO WE HAVE ANY DATA ON THE NUMBER OF UNEMPLOYED RESIDENTS IN THE CITY OF TOMORROW? WE DO, YEAH, WE DO, BUT NOT IN TIME AROUND PEOPLE THAT WE CAN'T DRILL DOWN, THAT WE ARE A PART OF A SUB DISTRICT.

LET ME SEE WHAT. THE FOR BROWARD COUNTY, A FOURTEEN POINT FIVE PERCENT UNEMPLOYMENT RATE, AND THIS IS AS OF APRIL TWENTY TWENTY, WHICH IS THE EIGHTH AND LAST YEAR AT THIS TIME, WE ARE A PART OF THE FORT LAUDERDALE, POMPANO BEACH, DEERFIELD BEACH METRO DIVISION. SO ALL WE KNOW IS THAT WE HAVE LOST ONE HUNDRED AND NINETY ONE HUNDRED JOBS AS OF APRIL. OK, AND SO SOME OF THAT COULD BE TAMARACK AND SOME OF THEM MAY NOT BE TEMPORARY. THAT'S CORRECT.

AND DO WE HAVE ANY DATA REGARDING FURLOUGHS OR REDUCED HOURS? THERE'S NO WAY FOR FOR US TO KNOW THAT, IS THERE? NO, UNLESS YOU'RE APPLYING FOR A PROGRAM AND YOU'RE DEMONSTRATING THERE IS A HARDSHIP AND THAT IS WHAT YOU WOULD NEED TO PROVIDE, SO YOU WOULD PROVIDE US THAT INFORMATION AND THAT'S THE ONLY DATA WE HAVE.

IF YOU'RE IF YOU'RE APPLYING FOR A PROGRAM OR.

ALL RIGHT, THAT'S ALL I HAVE.

THANK YOU VERY MUCH. AND ONE WOMAN COULD HAVE ASSISTED ANY BUSINESSES THUS FAR IN TIME.

NO, WE HAVE NOT.

AS A PART OF WHAT YOU'RE CONSIDERING THIS MORNING, COMMISSIONER, IS THE NEW BUSINESS, A SMALL BUSINESS PROGRAM THAT WOULD MIMIC THE RESIDENTIAL PROGRAM TO A CERTAIN DEGREE, BUT IT WOULD BE OR WE ARE PROVIDING HELP TO THE SMALL BUSINESSES.

OK, THANK YOU. THANK YOU.

SAYING THAT THERE'S NO OTHER QUESTIONS.

I'M GOING TO I HAVE A QUESTION FOR YOU, MAXINE.

SO THE APPLICATION IS FOR YOUR PAPER.

HOW CAN PEOPLE RETURN IT TO YOU? IS IT ONLINE ONLY? ONLINE ONLY. I HAVE A CONCERN ABOUT THAT THERE ARE PEOPLE WHO ARE NOT AT HAVE ABILITY, THEY DON'T HAVE ABILITY TO GO COPY AND SCAN AND SEND IT IN OR EMAIL IT OVER TO US.

AND SO I HAVE A BIG CONCERN ABOUT THE PORTION OF THE POPULATION WHOSE APPLICATIONS ARE NOT GETTING IN DUE TO MAKING IT VIRTUAL OR ONLINE.

ONLY AT THIS TIME, SINCE WE HAVE OPENED UP A LITTLE BIT MORE NOW, ISN'T THERE A WAY WE CAN HAVE IT, A DROP BOX SOMEWHERE THAT PEOPLE CAN DOWNLOAD THE APPLICATION, SOMEONE HELPING WITH IT, BUT THEY CAN PUT THEIR APPLICATION INTO A MAIL SLOT SOMEWHERE SO THAT LEAST THEY CAN BE HAVE THE OPPORTUNITY TO HAVE THEIR APPLICATION LOOKED AT.

IS THERE SOMETHING WE CAN MODIFY BEFORE THIS PROGRAM ROLLS OUT AS SOMETHING WE CAN CERTAINLY CONSIDER? WE WANT TO MAKE SURE IT'S TIMESTAMPED BECAUSE THE PROGRAM IS OPEN FOR A DURATION OF TIME. AND SO WE JUST HAVE TO THINK ABOUT HOW BEST TO MANAGE THAT IS TO MAKE SURE BECAUSE IT'S A FIRST COME, FIRST AVAILABLE.

SO WE NEED TO UNDERSTAND WHO APPLIED FIRST ONLINE.

THE COMPUTER DOES. THAT'S WHAT TIME THE PERSON APPLIED AND IT PUTS THEM IN ORDER SO WE CAN ADDRESS THEM NEXT.

WHEN IT'S DONE PAPER, WE JUST GOING TO HAVE TO BE CREATIVE.

AND I'M LOOKING AT CURRENTLY, BUT WE HAVE TO FIGURE OUT HOW BEST TO DO THAT.

WELL, I WOULD APPRECIATE IT ON BEHALF OF THOSE RESIDENTS WHO I KNOW TRIED THE FIRST TIME AND WHO ARE NOT ABLE TO HAVE THEIR APPLICATIONS REVIEWED BECAUSE IT WAS ONLINE ONLY.

SO I THANK YOU VERY MUCH FOR THE CONSIDERATION.

I'M HAPPY TO BRAINSTORM WITH YOU IF YOU BE SURE AT THIS TIME.

CITY CLERK, PLEASE CALL THE REAL COMMISSIONER FISHMAN.

YES, MR. GAGNON. SORRY, VICE MAYOR BOLTON, YES, MR. GAGNON. COMMISSIONER POLACCO, YES, MAYOR GOMA'S, YES.

PLEASE NOTE THAT THE MOTION PASSED FOUR TWO ZERO.

LADIES AND GENTLEMEN, AT THIS TIME, AND IT IS ELEVEN TWENTY FIVE, WE'RE GOING TO TAKE A TEN MINUTE RECESS. WE WILL BE BACK AT ELEVEN THIRTY FIVE.

[01:45:02]

WE'RE NOW IN RECESS. HELLO, EVERYBODY.

WE ARE BACK ON IT IS ELEVEN THIRTY FIVE AND WE ARE NOW GOING TO EIGHT.

E WHITMONT AMENDED AND RESTATED DEVELOPMENT AGREEMENT.

[e. Woodmont Amended and Restated Development Agreement Third Periodic Review Third Periodic Review of the Amended and Restated Development Agreement (“Development Agreement”) between the City, Woodmont Country Club, Inc. and Pulte Home Company LLC, dated January 11, 2017, in accordance with Paragraph 26 and Section 163.3235 Fl. St., and Determination Hearing as to whether or not there has been demonstrated good faith compliance with the terms and conditions set forth in the Development Agreement. Commission District(s): District 4]

THIRD, PERIODIC REVIEW.

CITY ATTORNEY, WILL YOU PLEASE READ THE TITLE FOR THE RECORD? THANK YOU, MADAM MAYOR. CAN YOU HEAR ME? YES, SIR. AN ORDER OF COMMISSIONERS LINED UP AND THAT CAN HEAR AS WELL EACH OTHER.

YES, YES, THAT'S IMPORTANT, JUST TO MAKE SURE THAT WE DON'T HAVE A BREAKDOWN OF THE TECHNICALITIES BEFORE THE BEGINNING OF THE ITEM, ITEM 80, FOR THE RECORD, IS THE WOMAN AMENDED AND RESTATED DEVELOP AN AGREEMENT.

IT'S A THIRD PERIODIC REVIEW.

AND FOR THE PUBLIC RECORD, THE THIRD PERIODIC REVIEW OF THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY WHITMONT COUNTRY CLUB AND PULTE HOME COMPANY LLC, DATED JANUARY 11.

TWENTY SEVENTEEN, WHICH IS MAY PART OF YOUR PACKAGE TODAY.

IT'S ALSO BEEN PUBLISHED ONLINE.

IT'S A MULTIPLE PAGE DOCUMENT WITH MULTIPLE EXHIBITS AND REFERENCE POINTS IN ACCORDANCE WITH PARAGRAPH TWENTY SIX AND SECTION ONE SIXTY THREE POINT THREE TWO THREE FIVE OF THE FLORIDA STATUTES AND A DETERMINATION HEARING AS TO WHETHER OR NOT THERE HAS BEEN DEMONSTRATED GOOD FAITH COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE DEVELOPMENT AGREEMENT. TO THE EXTENT THAT THIS IS NOT THE FIRST TIME THE COMMISSION HAS HAD OCCASION UNDER THE CONTRACT, THE AGREEMENT AS AMENDED TO REVIEW WHITMONT IN THE BACK OF. YOU'LL ALSO FIND A MEMORANDUM THAT WAS DATED APRIL THE TWENTY SECOND TO THE CITY MANAGER FROM MAXINE CALLAWAY, DIRECTOR OF COMMUNITY DEVELOPMENT.

WITH A NUMBER OF EXHIBITS ALSO UNDER SEPARATE COVER, THE LEGAL COUNSEL, JUSTIN SCHMIDT, WHO REPRESENTS WHITMONT COUNTRY CLUB, HAS ALSO SUBMITTED HIS OWN MEMORANDUM IN RESPONSE TO THAT FILED BY THE CITY.

TODAY'S PROCEEDINGS, ALTHOUGH NOT ALTHOUGH NOT AS JUDICIAL IN NATURE, DO TALK ABOUT A COMPETENT AND SUBSTANTIAL INFORMATION.

SO, FOR EXAMPLE, MARIN COMMISSION, THE PARAGRAPH SPECIFICALLY SAYS IN ACCORDANCE WITH SECTION ONE SIXTY THREE POINT THREE TWO THREE FIVE FLORIDA STATUTES, AS MAY BE AMENDED FROM TIME TO TIME, THE CITY'S DEVELOPMENT DEPARTMENT SHALL REVIEW NOT MAY, BUT SHALL REVIEW THE PROPERTY SUBJECT TO THIS AGREEMENT AT LEAST ONCE EVERY TWELVE MONTHS.

DETERMINE IF THERE HAS BEEN DEMONSTRATED GOOD FAITH IN COMPLIANCE WITH THE TERMS SET FORTH HEREIN BY EACH OF THE PARTIES WITH RESPECT TO THEIR OBLIGATIONS.

IF THE CITY FINDS ON THE BASIS OF COMPETENT, SUBSTANTIAL EVIDENCE THAT THERE HAS BEEN A FAILURE TO SUBSTANTIALLY COMPLY WITH THE TERMS OF THIS AGREEMENT BY EITHER DEVELOPER OR PULTE WITH RESPECT TO THEIR OBLIGATIONS AS INDICATED IN THE AGREEMENT, AND SUCH FAILURE TO COMPLY CONTINUES BEYOND ANY APPLICABLE NOTICE AND CURE PERIOD AS PROVIDED FOR HERE IN THE AGREEMENT, MAY BE REVOKED OR MODIFIED BY THE CITY COMMISSION AT A PROPERLY NOTICE PUBLIC HEARING. IT SHALL BE NOTED THAT THE OBLIGATIONS OF THE DEVELOPER AND PULTE ARE SEPARATE AND A DEFAULT BY ONE PARTY SHALL NOT IMPACT THE RIGHTS OF THE OTHER.

IF THE NON DEFAULTING PARTY REMAINS IN GOOD FAITH, SUBSTANTIAL COMPLIANCE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED UPON THE CITY'S DETERMINATION OF A FAILURE TO SUBSTANTIALLY COMPLY WITH THE TERMS OF THIS AGREEMENT BY EITHER DEVELOPER OR PULTE WITH RESPECT TO THEIR OBLIGATIONS PURSUANT TO THIS AGREEMENT AS PROVIDED FOR IN PARAGRAPH TWENTY SIX, THEN THE CITY SHALL PROVIDE WRITTEN NOTICE TO SUCH RESPECTIVE PARTY IN SUCH PARTIES SHALL HAVE NO LESS THAN 30 DAYS TO CURE SUCH COMPLIANCE, FAILURE OR UNDERTAKE COMPLIANCE EFFORTS AND TO DILIGENTLY PURSUE COMPLETION PRIOR TO THE CITY REVOKING OR MODIFYING THIS AGREEMENT.

I READ THIS DIRECTLY INTO THE RECORD, ALTHOUGH THE AGREEMENT, THE AMENDED DOCUMENT IS MADE PART OF THE RECORD, HAVING JUST A REFRESHER FOR YOU WOULD BE VERY USEFUL, AND PARTICULARLY FOR ANYONE THAT MAY CHOOSE TO UNDERSTAND WHAT PARAGRAPH TWENTY SIX ACTUALLY MEANS. I WILL STAND DOWN AND RESPECT THE FACT THAT AT THIS POINT THEIR CONDITION.

YOUR PROFESSIONAL STAFF OF THE CITY ADMINISTRATION WOULD PRESENT THROUGH MAXINE CALLAWAY FOR MEMORANDUM IN THE CONTEXT OF THE CITY'S POSITION, ITS POINTS OF ORDER AND ITEMS THAT ARE CONTAINED IN THE MEMORANDUM.

AND I THANK YOU FOR LISTENING.

TO THE EXTENT THAT I CAN ANSWER QUESTIONS, I'M HAPPY TO TRY.

THANK YOU VERY MUCH. THANK YOU VERY MUCH.

AND BEFORE GOING TO A MOTION TO REQUEST A MOTION TO GET THIS FOR APPROVAL, I WOULD LIKE TO GO DOWN THE LINE AND ASK FOR ANY DISCLOSURES BY VICE MAYOR BOLTON, ANY DISCLOSURES AND EX PARTE COMMUNICATIONS WITH WHICH THE DEVELOPER.

YES, SIR. OR ANYBODY FROM HIS TEAM.

OK, I DON'T I DON'T RECALL TALKING TO ANYBODY.

I KNOW THAT I'VE SPOKEN TO MARCH MS. AT DIFFERENT EVENTS AND MAYBE SCATBACK ONE, BUT NOT PARTICULARLY ABOUT HIS PROJECTS.

THANK YOU VERY MUCH, MR. GAGNON. COMMISSIONER GEHLEN, I'M HAVING A LITTLE TROUBLE, WILL YOU PLEASE REPEAT? NO COMMUNICATION.

ALL RIGHT, THANK YOU VERY MUCH, COMMISSIONER FISHMAN.

I HAVE HAD NO COMMUNICATION ON THIS SIDE OF.

[01:50:04]

THANK YOU VERY MUCH, COMMISSIONER FLOCKE, NO COMMUNICATION ON THE SIDE.

THANK YOU VERY MUCH. MY DISCLOSURE AS I HAVE SPOKEN WITH SCHMITT, SO NOW I'D LIKE A MOTION AND A SECOND FOR APPROVAL.

SO MOVED SECOND.

THANK YOU VERY MUCH. NOW, I'D LIKE TO PRESENT IT OVER TO STAFF WHO IS HANDLING THIS, I BELIEVE IS AT MAXIN SMETANA AND I HAVE A PRESENTATION FOR YOU JUST A SECOND, IF YOU WOULD, CITY ATTORNEY, JUST TO MAKE SURE I KNOW THAT THAT COUNSEL FOR WHITMONT ON SEVERAL OCCASIONS THROUGH SEVERAL EMAILS I WAS A COPY RECIPIENT OF WAS INDICATED HIS DIRECT INTEREST IN BEING ABLE TO LOG INTO THIS MEETING AND TO PROPERLY BE HEARD DEPENDING UPON THE OUTCOME OF THE PRESENTATION BY MAXINE CALLAWAY, IT WOULD BE HELPFUL TO MAKE SURE THAT WE CAN, AT LEAST AT THIS POINT, VERIFY THAT THAT EITHER JUSTIN SCHMIDT OR MARK SCHMIDT OR SOME COMBINATION OF EITHER ONE OR BOTH MAY HAVE LOGGED IN AND CAN HEAR AND CAN GATHER THE INFORMATION BEING OFFERED BY THE PROFESSIONAL STAFF IF WE CAN JUST CHECK TO MAKE SURE THAT WOULD BE HELPFUL FOR THE RECORD THERE.

CITY CLERK, I BELIEVE I SEE JUSTIN SCHMIDT ON THE LINE, BUT WILL YOU PLEASE DO THE OFFICIAL REVIEW? SURE.

DO WE HAVE JUSTIN SCHMIDT ON THE LINE? YES, THANK YOU.

IF WE WERE IF WE'RE IN A IN A PUBLIC FORUM IN THE CHAMBERS, YOU WOULD SEE WHO WAS THERE.

UNFORTUNATELY, I KNOW THAT I HAVE TO DO THAT TO MAKE SURE THE RECORD IS PRESERVED.

THANK YOU ALL GOOD.

THANK YOU VERY MUCH. SCALLOWAY FLOOR IS YOURS.

THANK YOU, MADAM MAYOR.

LEVENT, IF YOU COULD JUST HELP ME JUST TO THE PRESENTATION, I HAVE A QUICK PRESENTATION FOR YOU, WHICH IS ESSENTIALLY JUST A SYNOPSIS OF WHAT'S ALREADY CONTAINED IN YOUR MEMORANDUM. SO FOR THE COMMISSION, AS MENTIONED BY THE CITY ATTORNEY, THIS IS JUST OUR THIRD PERIODIC REVIEW OF THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT THAT WAS ENTERED INTO IN JANUARY 11TH TO AND SEVENTEEN.

THAT WAS REGARDING CERTAIN IMPROVEMENTS, DEVELOPMENTS FOR THE PROPERTY SUBJECT TO THE DEVELOPMENT AGREEMENT AS LISTED FOR SINGLE FAMILY HOMES, A GOLF COURSE OF PRIVATE COUNTRY CLUB, SO ON AND SO FORTH.

I'VE LISTED, AS STATED BY THE CITY ATTORNEY, PARAGRAPH TWENTY SIX IN SECTION ONE SIX TWO THREE TWO THREE FIVE REQUIRES A PERIODIC REVIEW OF THE DEVELOPMENT AGREEMENT EVERY 12 MONTHS. AND SO OUR FIRST PERIODIC REVIEW WAS ON JANUARY EIGHT THOUSAND AND EIGHTEEN, WHERE THE CITY COMMISSION ACCEPTED A PLAN AT THAT TIME.

BUT SOME WOULD WANT.

I THINK THE PLAN WAS DATED FEBRUARY TWO THOUSAND AND EIGHTEEN.

WE CONDUCTED INTERNALLY A SECOND PERIODIC REVIEW IN TWO THOUSAND AND NINETEEN STAFF DID NOT SCHEDULE THAT FOR THE CITY COMMISSION ACTION AS CERTAIN DATES IN THE PLAN HAD NOT MATERIALIZED. AND SO WE WERE WAITING TO HAVE THOSE DATES MATERIALIZE.

AND SO THIS IS THE THIRD PERIODIC REVIEW THAT'S BEING CONDUCTED TODAY, MAY TWENTY SEVEN, TWENTY TWENTY. AND ESSENTIALLY THEY ARE TRYING TO DETERMINE TODAY WHETHER WHITMONT HAS COMPLIED WITH SPECIFIC PROVISIONS OF THE DEVELOPMENT AGREEMENT AS IT RELATES TO THE CONVEYANCE AND ACCEPTANCE OF THE RANGE, CERTAIN EASEMENTS THAT ARE REQUIRED FROM ONE COUNTRY CLUB AFTER THE ACCEPTANCE OF THE UPPER RANGE.

WHETHER OR NOT THE GOLF COURSE IS SUBSTANTIALLY COMPLETED, WHICH INCLUDE ALL THE AMENITIES ASSOCIATED WITH THAT AND WHETHER THE COMPLETION OF THE TEMPORARY IMPROVEMENTS RELATIVE TO THE COMMERCIAL PARTS THAT HAS BEEN DONE.

SO MY PRESENTATION WILL LOOK AT THE VARIOUS PROVISIONS OF THE DEVELOPMENT AGREEMENT EACH TO THESE WHAT WE BELIEVE ARE DEFICIENCIES OR WHAT WE BELIEVE WOULD MEAN COUNTRY CLUB.

IT'S NOT COMPLIED WITH.

THAT'S HOW WE WILL MANAGE THE PRESENTATION GOING FORWARD.

SO RELATIVE TO YOUR ROLE THIS MORNING, AS MENTIONED BY THE CITY ATTORNEY, THE CITY COMMISSION IS TO REVIEW THE FINDING, WHICH INCLUDES STOPS MEMORANDUM AND MY PRESENTATION TO CONDUCT A DETERMINATION HEARING AS TO WHETHER THERE'S BEEN DEMONSTRATED GOOD FAITH, COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE DEVELOPMENT AGREEMENT.

NOW, WHITMAN COUNTRY CLUB TO HAVE A FULL AND FAIR OPPORTUNITY TO BE HEARD AND TO RESPOND TO THE CITY'S DETERMINATION ONCE A DETERMINATION HEARING HAS CONCLUDED THAT THE CITY COMMISSION, IF YOU FIND BASE AND COMPETENT, SUBSTANTIAL EVIDENCE THAT THERE HAS BEEN A FAILURE TO SUBSTANTIALLY COMPLY WITH THE TERMS AND CONDITIONS OF THE DEVELOPMENT AGREEMENT BY WOODMEN COUNTRY CLUB, THEN YOU CAN DO A FEW THINGS YOU CAN ELECT TO ACCEPT A PLAN FROM ONE COUNTRY CLUB, WHICH YOU HAVE DONE BEFORE YOU DID SPECIFICALLY IN TWENTY EIGHTEEN. OR YOU CAN DIRECT STAFF TO ISSUE A NOTICE OF VIOLATION AND TO WHICH WILL PROVIDE FOR A 30 DAY PERIOD.

AND IF THE VIOLATION CONTINUES BEYOND THE 30 DAY PERIOD, AS MENTIONED BY THE CITY ATTORNEY, YOU HAVE THE OPTION OF REVOKING THE DEVELOPMENT AGREEMENT OR MODIFYING THE DEVELOPMENT AGREEMENT, AND THAT NEEDS TO BE DONE AT A PROPER NOTICE PUBLIC HEARING.

SO I'LL WALK YOU THROUGH A FEW OF THE PROVISIONS IN THE DEVELOPMENT AGREEMENT THAT WE

[01:55:01]

BELIEVE WITH ONE COUNTRY CLUB IS NOT IN COMPLIANCE WITH, THE FIRST ONE IS SPECIFIC TO THE UPPER RANGE OF CONVEYANCE AND THE ACCEPTANCE OF THE UPPER RANGE POWERS THAT PARAGRAPH SEVEN OF THE DEVELOPMENT AGREEMENT, WHICH PROVIDES FOR THE COMMENCEMENT OF THE NECESSARY PROCESS TO CONVEY CERTAIN WATERWAY AREAS TOWARD ONE COUNTRY CLUB OR TO FACILITATE AS APPLICABLE IMMEDIATELY AFTER THE DEVELOPMENT AGREEMENT AND AFTER THE APPROVALS TO COMMENCE DISCUSSION WITH ONE COUNTRY CLUB REGARDING THE CONVENIENCE OF THE UPPER RANGE.

SUBSEQUENT TO THAT, THE CITY PREPARED A DEED, A SPECIAL WARRANTY, WHICH YOU CAN SEE ON THE SIDE OF THE SLIDE THAT WAS DELIVERED FOR REVIEW BY WOODMAN COUNTRY CLUB.

IN FACT, I THINK THE DEED WAS PREPARED BY ONE COUNTRY CLUBS ATTORNEY, BUT NOTWITHSTANDING, IT WAS DELIVERED TO ONE COUNTRY CLUB.

SO THEY CAN SEE THAT THAT WAS THE INTENT OF THE CITY.

WHEN ONE COUNTRY CLUB IS REFUSING TO ACCEPT THE CONVENIENCE AND THIS IS BASED ON CERTAIN OBLIGATIONS OR RESPONSIBILITIES THEY WOULD HAVE AS IT RELATES TO THE MAINTENANCE OF THE WATERWAY. NEXT LINE NEXT.

ACTUALLY, JUST TO CORRECT THE RECORD, THE DEED WAS PREPARED BY RICK CHERRY, WHO TECHNICALLY REPRESENTS PULTE HOMES.

JUST. THANK YOU SO MUCH.

I'M SORRY. THANK YOU VERY MUCH. THANK YOU.

STAFF CONTINUES TO BELIEVE THAT WOMAN COUNTRY CLUB IS NOT IN COMPLIANCE WITH PARAGRAPH EIGHT AS IT RELATES TO THE GOLF COURSE, SPECIFICALLY AS IT RELATES AGAIN TO THE OFFERING.

A PARAGRAPH WITH WOMAN COUNTRY CLUB TO OWN, OPERATE AND MAINTAIN THE GOLF COURSE BAR FOR USE AS A GOLF COURSE WITH DEFINED AMENITIES, WHICH INCLUDES OFFERING.

ONCE AGAIN, STAFF IS JUST BRINGING TO YOUR ATTENTION THAT WOMAN COUNTRY CLUB HAS NOT COMPLIED BY THE MERE FACT THAT THEY HAVE NOT ACCEPTED THE DEED, THE CONVEYANCE THAT THE CITY IS ATTEMPTED TO DELIVER MEXI.

PARAGRAPH NINE OF THE DEVELOPMENT AGREEMENT SPEAKS SPECIFICALLY TO THE IMPROVEMENTS AND THE MAINTENANCE OF THE GOLF COURSE, AND IT REQUIRES A CERTAIN MINIMUM IMPROVEMENTS AND MAINTENANCE CONTRIBUTION.

BUT WHAT IS VERY CLEAR IN THIS PROVISION, BECAUSE I KNOW WOODMEN COUNTRY CLUB THERE, THEY WERE CONTENDING THAT THERE IS NO REQUIREMENT OR OBLIGATION FOR THEM TO DELIVER TO THE CITY OPERATE.

AND OF COURSE, THE CITY DISAGREES WITH THAT.

THIS PROVISION SPECIFICALLY SPEAKS TO THE AMENITIES THAT MUST BE INCLUDED AS A PART OF THE GOLF COURSE. AND IT READS THAT THE NEW PYNES COURSE SHALL SHALL INCLUDE A NEW DRIVING UP RANGE, NEW PRACTICE AREAS, MATURE TREE PLANTING PROGRAM, RENOVATION OF SAND TRAPS, RELOCATE ENOUGH CERTAINTY BLOCKS ON AND SO FORTH.

SO THIS PROVISION MERELY REQUIRES AN OBLIGATE ONE COUNTRY CLUB TO DELIVER AS A PART OF THE IMPROVEMENTS TO THE GOLF COURSE AND OFFER RANGE.

IN ADDITION TO THAT, THE CITY APPROVED A GOLF COURSE MASTER PLAN.

HE HIRED A CONSULTANT AS WELL.

THAT REVIEW THAT MICHAEL BIBBY.

AND AS A PART OF THAT APPROVAL, THAT MASTER PLAN, IT DEPICTS AND INCLUDES AN OFFERING TO BE DELIVERED AS A PART OF THE NEW PINES GOLF COURSE.

THE TOUR PLAN THAT WAS ACCEPTED BY THE CITY IN TWENTY EIGHTEEN ALSO INCLUDES WOMAN COUNTRY CLUB COMMITTING TO DELIVERING THESE IMPROVEMENTS, WHICH INCLUDES THE OPERA BY SUMMER 2019.

NOT ONLY HAS ONE COUNTRY CLUB NOT DELIVERED THE OPERA RANGE, THERE ARE CERTAIN OUTSTANDING AMENITIES THAT AS OF TODAY HAS NOT BEEN DELIVERED AND THAT'S LISTED ON THE SLIDE. IT'S THE ENHANCED OUTGROUPS, THE CARD PADS.

THE PRACTICE WILL BE THE MAINTENANCE BUILDING, WHICH HAS BEEN PERMITTED FOR OVER A YEAR.

BUT IT'S NOT. NO, CONSTRUCTION HAS STARTED THE BUFFALO BILL AND OF COURSE, THE UPGRADE OUR AMENITIES THAT ARE INCLUDED AS A PART OF THE GOLF COURSE THAT IS NOT YET BEEN DELIVERED TO THE.

PARAGRAPH 13.

PARAGRAPH 13 SPEAKS TO RESERVATION AND DEDICATION OF LAND, AND IT REQUIRES THAT ONE ONE COUNTRY CLUB MAKE ANY AND ALL REQUIRED DEDICATIONS AND RESERVATIONS FOR CANALS, RIGHTS OF WAY UTILITY EASEMENTS IS REQUIRED BY THE CITY.

THE CITY, THEREFORE, WOULD NEED A FLOWAGE EASEMENT, RECIPROCAL FLOWAGE EASEMENT THAT WOULD PROVIDE FOR STORMWATER DRAINAGE FROM THE ACCRUING ONCE ACCEPTED BY WOULD MONEY OUT OF INTO CERTAIN PARCELS OF LAND.

FURTHER TO THIS, IF YOU HAVE ANY QUESTIONS, BUT NOTWITHSTANDING, THE CITY IS PREPARED SUCH FLOWAGE EASEMENT AGREEMENT.

WE HAVE DELIVERED IT TO WOODMAN COUNTRY CLUB FOR THEIR SIGNATURE.

IT'S BEEN PROBABLY SEVERAL MONTHS.

AND ONCE AGAIN, WHITMONT IS REFUSING TO SIGN DELIVER THE EASEMENT, WE BELIEVE IN VIOLATION OF PARAGRAPH 13.

I THINK THEIR POSITION IS THAT IS RELATED TO ACCEPTANCE OF THE ACREAGE AND THE

[02:00:01]

MAINTENANCE ASSOCIATED WITH THAT.

NEXT SLIDE, PARAGRAPH 16.

PARAGRAPH 16 IS THE LAST PARAGRAPH WE BELIEVE WOULD ONE COUNTRY CLUB IS NOT IN COMPLIANCE WITH THIS PARAGRAPH REQUIRES THE COMPLETION OF THE COMMERCIAL PARCEL AND THE INSTALLATION OF TEMPORARY IMPROVEMENTS NO LATER THAN 12 MONTHS FROM THE APPROVAL DATE, WHICH EFFECTIVELY WAS MADE.

TWENTY SIX, TWENTY SEVENTEEN.

THIS PROVISION ALSO PROVIDED FOR ISD IF ONE COUNTRY CLUB WERE TO SUBMIT SITE PLANS FOR PERMANENT IMPROVEMENTS ON THAT PARCEL, THEY DID, BACK IN TWO THOUSAND AND EIGHTEEN, SUBMITTED A SITE PLANNED FOR US TO CONSIDER AT THE TIME THEY WERE PROPOSING RESIDENTIAL CONSTRUCTION ON THAT PARCEL.

ONCE THAT SITE WAS SUBMITTED, IT RESTARTS THE CLOCK FOR THE MOST PART FOR ONE MONTH.

AND SO THEY GET A ON THE FORM OF THE DATE STAFF REVIEW OF THAT SITE.

AND WE REJECTED THAT SIDE PLAN ON MAY TWENTY FOURTH, TWENTY EIGHTEEN.

ONCE THAT STIPEND WAS REJECTED, THEN THE TOLLING PERIOD WOULD COMMENCE.

AND SO IT STARTED ON MAY 12 AND 18 AND AS OF TODAY WOULD WANT IS OVER 10 MONTHS BEHIND IN THE DELIVERY OF THE TEMPORARY IMPROVEMENTS AND AS SUCH IS NOT IN COMPLIANCE WITH PARAGRAPH 16 OF DEVELOPMENT AGREEMENT.

NEXT FLIGHT. AND SO JUST TO CONCLUDE, AS I SAID BEFORE, SHOULD YOU FIND THIS MORNING BASED ON COMPETENCE, SUBSTANTIAL EVIDENCE THAT THERE'S BEEN A FAILURE TO SUBSTANTIALLY COMPLY WITH THE TERMS AND CONDITIONS OF THE DEVELOPMENT AGREEMENT BY WOODMORE WITH RESPECT TO THEIR OBLIGATIONS, AS INDICATED IN THE DEVELOPMENT AGREEMENT AND THE MASTERPLAN AND ALL ASSOCIATED DOCUMENTS, THEN THE CITY COMMISSION CAN EITHER ACCEPT A PLAN FROM WOODMEN COUNTRY CLUB, AS WE HAVE DONE BEFORE, OR YOU CAN DIRECT STAFF TO ISSUE A NOTICE OF VIOLATION AND TO PROVIDE FOR THE 30 DAY PERIOD.

AND OF COURSE, IF THE VIOLATION CONTINUES BEYOND THE 30 DAYS, THEN YOU HAVE AN OPTION TO REVOKE OR MODIFY THE DEVELOPMENT AGREEMENT AT A PROPERTY.

NOTICE OF A HEARING THAT CONCLUDES MY PRESENTATION.

THANK YOU VERY MUCH AT THIS TIME, DO WE HAVE ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS MATTER? CITY CLERK? WE DO NOT, MA'AM. ALL RIGHT.

THANK YOU VERY MUCH. I WOULD LIKE TO ACTUALLY.

MESSERSCHMIDT, ARE YOU DO YOU WISH TO SPEAK? YES. HI, FLORA.

GOOD MORNING. JUSTIN SCHMIDT.

ON BEHALF OF WHITMONT COUNTRY CLUB, WE ARE IN STRANGE TIMES, AS EVIDENCED BY THIS COUNCIL MEETING. THIS IS A NEW EXPERIENCE FOR ME, WATCHING THE CITY'S CITY CONDUCT ITS BUSINESS VIRTUALLY AS AS MENTIONED SEVERAL TIMES THROUGHOUT THE COUNCIL MEETING THIS MORNING.

CITY HALL IS CLOSED.

IT'S IT'S DISAPPOINTING THAT WOMAN IS BEING FORCED TO DEFEND ITSELF DURING THIS PERIOD WHERE LOCAL BUSINESSES WITHIN TAMARACK AND AROUND THE COUNTRY ARE ARE MERELY STRUGGLING TO SURVIVE.

WOODMAN HAS JUST RECENTLY BEEN ALLOWED TO REOPEN TO OFFER GOLF SERVICES TO THE PUBLIC.

OUR RESTAURANT IN OUR BAR STILL REMAINS AT 50 PERCENT CAPACITY.

WE HAVE BEEN UNABLE TO CONDUCT ANY BANQUETS IN MANY MONTHS.

AND FRANKLY, GIVEN THE SOCIAL DISTANCING REQUIREMENTS, WE'RE NOT SURE WHEN THE BANQUET FACILITY WILL BE ABLE TO ONCE AGAIN HOST PARTIES AND EVENTS, WHICH IS A MAJOR REVENUE SOURCE FOR THE CLUB TO SAY THAT IT WILL BE A STRUGGLE FOR WOODLOT TO SURVIVE UNLESS THINGS RETURN BACK TO NORMAL QUICKLY.

I THINK IS IS IS AN OBVIOUS STATEMENT.

I THINK THAT I I'VE PUT FORTH IN WRITING IN MY RESPONSE SEVERAL ASPECTS WHERE I DISAGREE WITH STAFF'S ASSERTION.

I IN ADDITION, JUST TO BE CLEAR, YOU KNOW, I'VE YOU KNOW, I NEGOTIATED THIS DEVELOPMENT AGREEMENT WITH WITH THE CITY ATTORNEY AND WITH STAFF.

THERE IS AMPLE EMAILS BACK AND FORTH AND DISCUSSIONS HELD OVER THE YEARS ABOUT THE OPEN RANGE. THE RANGE WAS A CONCEPTUAL PLAN THAT WAS SUBMITTED.

[02:05:03]

EVERY VISUAL DEPICTION OF THE ACTUAL RANGE SPECIFICALLY STATES IT'S CONCEPTUAL.

I HAVE EMAIL CORRESPONDENCE BACK AND FORTH WITH CITY STAFF AND THE CITY'S GOLF COURSE CONSULTANT STATING THAT IT WAS A CONCEPTUAL PLAN EVEN IN THE CURE PLAN THAT WAS WRITTEN TWO YEARS AGO. IT SPECIFICALLY STATES THAT THE GOLF COURSE THAT THE OPEN RANGE IS NOT A REQUIREMENT FOR THE COMPLETION OF THE THE GOLF COURSE IMPROVEMENTS, THE UPGRADES.

SO I DISAGREE THAT THE OFFER RANGE IS REQUIRED AS PART OF THE DEVELOPMENT AGREEMENT.

REGARDLESS, THE UPPER RANGE CANNOT BE BUILT UNTIL PULTE FINISHES THEIR WORK ON THE POD THAT IS ADJACENT TO THAT LAKE.

YOCHA RANGE WAS ALWAYS CONTEMPLATED, OK, BECAUSE AGAIN, CONCEPTUALLY CONTEMPLATED AS A PHASE TWO PROJECT, AS AFTER PHASE ONE IS COMPLETED, WE WOULD BEGIN THE PROCESS OF LOOKING AT THE OFFER RANGE AND IF IT'S STILL FEASIBLE, GIVEN POULTS BUILDING HOMES RIGHT THERE ON THE LAKE. AND THEY HAVE TO FINISH THEIR INFRASTRUCTURE AND WHATNOT BEFORE WE CAN EVEN.

LOOK AT MAKING THE UPPER RANGE FEASIBLE, IN ADDITION, AND AS THE STAFF IS WELL AWARE, WE'VE HAD AMPLE DISCUSSIONS GOING BACK OVER THE PAST YEAR OR SO OVER THE CONDITION OF THE LAKE THAT IS THE SUBJECT OF THIS DISPUTE.

THE CONDITION OF THE LAKE IS ABHORRENT.

THE CITY HAS NOT MAINTAINED IT.

WE HAVE BEGGED.

WE HAVE PLEADED. I HAVE LETTER AFTER EMAIL AFTER LETTER AFTER EMAIL TO THE CITY, ASKING THEM, WHEN ARE YOU GUYS COMING TO TAKE YOUR LAKE? A WHOLE YEAR WENT BY.

WE DON'T BELIEVE ANYBODY DID ANY MAINTENANCE ON THE LAKE WHATSOEVER.

THE WATER LEVEL BEFORE LAST BEFORE THIS WEEKEND WHERE WE HAD THIS TORRENTIAL DOWNPOUR, THE WATER LEVEL WAS SO LOW THAT WOULD MONTS WE HAD TO REPLACE ONE OF OUR IRRIGATION PUMPS BECAUSE OF THE CONDITION OF THE LAKE.

SEVERAL THOUSANDS OF DOLLARS WOULD NOT INCUR DAMAGES BECAUSE OF THE CITY'S FAILURE TO ADEQUATELY MAINTAIN THIS LAKE.

THIS LAKE HAS BEEN OWNED BY THE CITY FOREVER WOULD ONCE NEVER OWNED THIS LAKE HAS NEVER BEEN RESPONSIBLE FOR MAINTAINING THIS LAKE IN THE 40 PLUS YEARS THIS SINCE THIS COMMUNITY WAS MASTER PLANNED.

THE CITY HAS ALWAYS BEEN RESPONSIBLE FOR THIS LAKE.

SO. YOU KNOW, IT'S IT'S TROUBLING NOW THAT THE CITY HAS FAILED TO MAINTAIN IT AND WOODMAN IS EXPECTED TO TAKE OWNERSHIP AND RESPONSIBILITY FOR THE LAKE, AND I'VE MADE VERY CLEAR MY CONCERN IS THIS LAKE IS AN INTEGRAL PART OF THE WHITMONT COMMUNITY'S STORMWATER SYSTEM. STORMWATER FROM SEVERAL COMMUNITIES WITHIN WHITMONT FLOW INTO THIS LAKE.

IF THERE IS ANY CAPITAL REPAIR REQUIRED TO THIS LAKE, IT COULD COST TENS OF THOUSANDS OF DOLLARS. ONE SINGLE.

ISSUE FROM THIS LAKE THAT'S BEEN AROUND FOR DECADES COULD BANKRUPT WHITMAN WOODMAN, WOULD BE RESPONSIBLE FOR REPAIRING THE IN THE STORM WATER SYSTEM FOR THE WHOLE COMMUNITY, AND IT'S NOT REASONABLE FOR THE CITY TO PLACE THE BURDEN FOR WOODMAN COMMUNITIES STORM WATER SYSTEM ONTO A PRIVATE BUSINESS.

AND WOULD ONE COUNTRY CLUB WOULD NOT OPERATED FOR MANY YEARS AS A COURSE OWNED BY THE EQUITY MEMBERS OF MANY PEOPLE WHO LIVED WITHIN THE WOODLAND COMMUNITY WHEN IT WAS FIRST MASTERPLAN AND DEVELOPED 40 YEARS AGO.

THAT WAS THE CONCEPT THAT PEOPLE WHO LIVED WITHIN THE COMMUNITY WERE MEMBERS OF WOODMAN'S. THE PEOPLE WHO LIVED IN THE COMMUNITY CONTROLLED WOULD MY COUNTRY CLUB.

THEY WERE ON THE BOARD OF DIRECTORS WHEN THE RESIDENTS FROM WHITMAN CONTROLLED THE BANK ACCOUNTS FOR WOODLAWN COUNTRY CLUB.

WHATEVER BENEFITED THE COMMUNITY WAS VERY EASY FOR THEM TO SAY YES TO BECAUSE THEY WERE SPENDING OTHER THEY DIDN'T WEREN'T SPENDING THEIR MONEY.

THEY WEREN'T ASSESSING THE HOMEOWNERS WHO LIVED IN ONE MONTH.

THEY WERE ONLY ASSESSING THE MEMBERS OF THE CLUB.

SO THERE WERE A LOT OF RESPONSIBILITIES THAT WOULD ONE COUNTRY CLUB TOOK ON ITSELF THAT REALLY ARE MUNICIPAL OBLIGATIONS, OBLIGATIONS TO MEET STORM WATER SYSTEM, OBLIGATIONS TO MAINTAIN THE SIGNAGE AROUND THE ENTIRE COMMUNITY OF WHITMONT.

WHY WOULD MY COUNTRY CLUB WOULD BE PAYING TO MAINTAIN SIGNAGE AROUND THE ENTIRE ENTRANCE OF THE WOODMAN COMMUNITY?

[02:10:02]

MAKES NO SENSE. WHY WOULD THIS ONE BUSINESS BE RESPONSIBLE FOR MAINTAINING SIGNS THROUGHOUT THE ENTIRE COMMUNITY? WHITMONT WAS LOSING A MILLION DOLLARS A YEAR.

THAT'S WHY THEY WERE ON THE VERGE OF BANKRUPTCY BEFORE THE CURRENT OWNERSHIP BOUGHT.

THE CLUB WAS BANKRUPT BECAUSE THEY WERE SPENDING MONEY THEY DIDN'T HAVE.

AND BECAUSE THEY WERE TAKING ON RESPONSIBILITIES THAT THEY SHOULDN'T HAVE.

AS WOODMAN HAS TRANSITIONED OVER THE PAST 15 YEARS TO WHAT IS A NORMAL BUSINESS OPERATION, WE'VE TRIED TO.

MAKE THE CITY UNDERSTAND THAT THERE IS ONLY SO MUCH WOODLAND COUNTRY CLUB CAN DO.

THAT BENEFITS THE WOODMAN COMMUNITY, THAT DOESN'T CREATE ANY THAT JUST CREATES LIABILITY FOR WOODMAN COUNTRY CLUB, WOODMAN COUNTRY CLUB CANNOT TAKE ON THE LIABILITY OF MAINTAINING THE WOODLAWN COMMUNITY'S STORMWATER SYSTEM.

IT IS NOT FEASIBLE.

IT IS NOT REASONABLE.

AND AND AND WE PUSH BACK ON THAT, WE HAVE HAD DISCUSSIONS WITH THE STAFF ABOUT SOME TYPE OF HYBRID ARRANGEMENT WHERE WOODMAN WILL TAKE TITLE TO THE LAKE, BUT THE CITY WILL MAINTAIN ALL OBLIGATIONS TO MAINTAIN IT.

AND AND IF THERE'S ANY CAPITAL REPAIRS, THE CITY WILL DO IT.

THE THE THE LATEST UNDERSTANDING THAT WE HAVE IS, IS THE CITY WAS INSISTING THAT THAT WOMAN PAY FOR THE ANNUAL ROUTINE MAINTENANCE AND THE CITY WOULD WOULD TAKE ON THE OBLIGATIONS FOR ANYTHING LARGER THAN THAT.

EVEN STILL, SIX MONTHS AGO, YOU KNOW, WE WERE WILLING TO HAVE THAT DISCUSSION.

BUT NOW WITH WHAT'S GOING ON WITH THE COLD VIRUS AND WITH OUR BUSINESS BEING IN JEOPARDY, WE DON'T EVEN HAVE AN EXTRA SEVERAL THOUSAND DOLLARS A YEAR FOR OUR BUDGET.

WHITMONT CANNOT JUST SAY, WELL, WE'LL PAY THE EXTRA FIVE THOUSAND, TEN THOUSAND A YEAR, WHATEVER IT IS TO MAINTAIN THE LAKE.

WE CAN'T MAKE THAT GUARANTEE YOU IF BUSINESS DOES NOT RETURN TO NORMAL SOON.

I FRANKLY JUST DON'T KNOW WHAT THE CITY WOULD LIKE WOULD WANT COUNTRY CLUB TO DO.

YOU KNOW, WE WE WE ARE STRUGGLING TO SURVIVE IN THIS ENVIRONMENT AND WE'RE REALLY DOING THE BEST WE CAN. I MENTIONED IN MY REPORT, I THINK THE MOST DISAPPOINTING THING ABOUT THIS WAS THAT IN THIS THIS ANNUAL REVIEW SUBMITTED BY THE CITY, THERE'S NOT ONE MENTION OF ANY OF THE PROGRESS THAT WOULD ONE COUNTRY CLUB HAS MADE OVER THE PAST YEAR.

NOT A SINGLE MENTION OF OUR NEW CLUBHOUSE, OF OUR RESTAURANT FACILITIES, OF OUR BAR FACILITIES, OF THE GOLF COURSE BEING IN PRISTINE CONDITION.

NOT A SINGLE MENTION OF ANY PROGRESS WHATSOEVER, AND, YOU KNOW, THERE ARE ONGOING PROJECTS, WOULD MONTHS STILL CONTINUING TO PURSUE CONSTRUCTION OF OUR MAINTENANCE FACILITY. WE HAD JUST RECENTLY GOTTEN THIS LAND BACK FROM PULTE, WHO WAS USING THE AREA TO STORE DIRT AND DEBRIS AND AND STAGE THEIR CONSTRUCTION.

WE HAD SAID DEMAND LETTER OF DEMAND LETTER.

AND PULTE WAS USING THAT WITHOUT OUR PERMISSION.

AND WE JUST GOT IT BACK A COUPLE OF MONTHS BEFORE THE PANDEMIC SHUT EVERYTHING DOWN.

SO, YES, WE HAVE PERMITS FOR THE MAINTENANCE AREA.

WE INTEND TO MOVE FORWARD WITH FINISHING THE MAINTENANCE AREA.

WE'RE DOING THE BEST WE CAN TO SURVIVE IN THIS ENVIRONMENT.

IT IS GOING TO TAKE A LITTLE LONGER TO DO SOME OF THOSE IMPROVEMENTS.

AND I WILL MENTION THE MAINTENANCE AREA, THE TEMPORARY IMPROVEMENTS TO THE COMMERCIAL AREA AND THE THE FENCE ALONG SOUTH GATE.

THOSE ARE THREE ITEMS THAT WOODMAN IS STILL PURSUING THAT WE WILL COMPLETE.

AGAIN, THE PURPOSE OF THE LANGUAGE CITED IN THIS DEVELOPMENT AGREEMENT SAYS GOOD FAITH COMPLIANCE. IT MEANS ARE WE SHOWING GOOD FAITH PURSUING THESE, THE COMPLETION OF THIS? I THINK IT'S IT'S IT'S CRAZY TO QUESTION THAT, GIVEN WHAT'S GOING ON WHERE OUR BUSINESS WAS SHUT DOWN FOR SEVERAL MONTHS AND WE'RE JUST NOW PARTIALLY ALLOWED TO REOPEN, WE'RE DOING THE BEST WE CAN.

MOST OF YOU HAVE BEEN TO THE CLUBHOUSE.

YOU'VE SEEN OUR FACILITY IS YOU'VE MET OUR STAFF, YOU'VE ATTENDED EVENTS.

WE'RE DOING A GOOD JOB.

I'M PROUD OF THE WORK THAT WE'RE DOING.

THERE'S BEEN LOTS OF PROGRESS.

IS THERE STILL MORE WORK TO DO? ABSOLUTELY. WE WILL USE GOOD FAITH EFFORTS TO CONTINUE MOVING ALONG AND FINISHING THOSE

[02:15:07]

ITEMS WE HAVE TO DO.

BUT THE ONE ISSUE BEING IS, IS THE BIG LAKE.

YOU KNOW, THE ONLY WAY WOODMAN COULD EVER ENTER INTO AN AGREEMENT TO TAKE OWNERSHIP OF THAT LAKE. IS AGAIN, UNDER THE CONDITION THAT FIRST THINGS FIRST, THE CITY HAS TO REPAIR ANY DEFERRED MAINTENANCE, IT'S IN TERRIBLE CONDITION, EVEN MORE SO.

AGAIN, I MENTIONED WHITMONT JUST HAD TO REPLACE ONE OF ITS PUMPS.

THE SECOND ONE OF OUR OUR OTHER PUMPS, ANOTHER A SECOND PUMP, WAS IT WAS ABOUT TO FAIL BEFORE WE HAD THE RAINS LAST WEEK, WHICH, YOU KNOW, AS AS THE WATER LEVEL OF THE LAKE GETS LOWER AND LOWER AND LOWER, YOU GET MORE SLUDGE THROUGH THE PUMPS AND IT DESTROYS THE PUMPS. I HAD NEVER SEEN IN THAT THE 15, 20 YEARS I'VE BEEN EITHER PLAYING GOLF OR INVOLVED WITH OWNERSHIP.

IT WOULD MEAN I'D NEVER SEEN THE WATER OF THE LAKE SO LOW PRIOR TO LAST WEEK.

YEAH, I MEAN, WE HAD TORRENTIAL DOWNPOURS AND THINGS BACK, BUT IT'S NEVER BEEN THAT LOW.

AND THE OTHER LAKES AROUND THE COMMUNITY WERE NOT NEARLY AS BAD AS THIS ONE.

WE FEEL THERE'S SOMETHING WRONG WITH THE LAKE.

I DON'T KNOW WHAT IT IS. IT'S NOT OUR FIELD OF EXPERTIZE.

AND FRANKLY, I DON'T KNOW.

BUT THERE IS SOMETHING WRONG WITH YOU AT THE STORM WATER SYSTEM THAT WAS CAUSING THIS LAKE LEVEL TO DROP AS LOW AS IT DID.

SO THE CONDITIONS, FROM MY PERSPECTIVE, IS THE CITY HAS TO, NUMBER ONE, BRING THE LAKE INTO ITS PROPER CONDITION.

THEY HAVE TO IF THERE IS ANY ANYTHING GOING ON, THEY HAVE TO REPAIR IT AND BRING IT INTO SHAPE BEFORE WOODWARD IS WILLING TO ACCEPT TITLE TO IT.

AND THEN WOULD WHAT HAS TO BE INDEMNIFIED IF THERE ARE ANY CAPITAL REPAIRS OR REPAIRS? I MEAN, LISTEN, NOBODY IS ASKING FOR ANYTHING UNREASONABLE.

YOU KNOW, IF IF IF OUR OFFER RANGE WERE TO CAUSE DAMAGE TO SOMETHING, WOULD WHAT WOULD REPAIR IT WOULD WHAT WOULD BE RESPONSIBLE FOR ANYTHING CAUSED BY US, BUT ANYTHING THAT ISN'T CAUSED BY US, THAT'S JUST DUE TO THE AGE OF THE STORM WATER SYSTEM OR SOME DAMAGE TO PIPES UNDERNEATH THAT HAVE NOTHING TO DO WITH WOODWARD.

IT IS UNFAIR TO EXPECT WOULD WANT TO INCUR THAT COST.

AND MORE THAN UNFAIR, IT'S IT'S IMPOSSIBLE.

AGAIN, ONE EVENT COULD BANKRUPT EVERYTHING, YOU KNOW, BANKRUPT WOODMOOR AND AND DESTROY EVERYTHING THAT WE WORKED SO HARD TO CREATE.

SO, YOU KNOW, I'VE MADE CLEAR OUR POSITION WITH REGARD TO THE OFFER RANGE.

WE'RE WILLING TO HAVE FURTHER DISCUSSIONS.

BUT AGAIN, WE NEED ADDITIONAL TIME BECAUSE WE CAN'T DO ANYTHING WITH EVEN A CONCEPTUAL OK RANGE UNTIL PULTE IS FURTHER ALONG WITH THE DEVELOPMENT OF THAT POD.

AND IN THE OTHER ITEMS. AGAIN, AGAIN, JUST TO CLARIFY, YOU KNOW, THE CITY HAS NOT TIMELY FULFILLED ITS OBLIGATIONS EITHER.

YOU KNOW, THERE'S THERE'S REFERENCE IN THE DEVELOPMENT AGREEMENT THAT THE CITY HAD ONE YEAR TO BUILD ITS ALL THE THE SIGNAGE AROUND ALL THE ENTRANCES TO THE COMMUNITIES AND WOODMAN. AND WOODMAN GAVE THE CITY A CHECK FOR THREE HUNDRED THOUSAND DOLLARS TO INSTALL NEW SIGNAGE, AND THE CITY HAS NOT DONE THAT YET EITHER.

SO THIS IS NOT JUST WOOD MONTH TAKING LONGER TO DO CERTAIN THINGS.

THE CITY IS TAKING LONGER TO DO CERTAIN THINGS, TOO.

SO, YOU KNOW, WE'RE BOTH, I THINK, DOING WHAT WE CAN IN THIS ENVIRONMENT.

WE HAVE TO BE PATIENT, POLDI WAS GIVEN SIX YEARS TO COMPLETE THEIR IMPROVEMENTS AND THIS DEVELOPMENT AGREEMENT AND WHITMONT WAS NOT AFFORDED THAT LUXURY.

SO THESE EFFORTS ARE ONGOING.

I ASKED THE CITY TO BE REASONABLE, TO RECOGNIZE THE PROGRESS THAT WE'VE MADE, HOW FAR WE'VE COME, THAT THE RESPONSE FROM THE COMMUNITY OVERALL IS OVERWHELMINGLY POSITIVE.

OUR GOLF COURSE IS ONE OF THE HIGHEST RATED IN SOUTH FLORIDA.

THE CLUBHOUSE AND THE BAR WERE DOING TREMENDOUS BUSINESS BEFORE THE VIRUS.

AND EVERYTHING WAS HEADING IN THE RIGHT DIRECTION, AND WE HAD THE RUG JUST PULLED RIGHT OUT FROM UNDER US. AND AND AGAIN, IT'S IT'S A YOU KNOW, I WOULD LOVE TO SIT HERE AND SAY I CAN FINISH ALL THESE THINGS IN SIX MONTHS OR A YEAR, BUT THE TRUTH IS, IF THERE'S ANOTHER OUTBREAK AND WE'RE SHUT DOWN AGAIN IN THE FALL, I CAN'T MAKE THAT GUARANTEE.

I HAVE NO IDEA WHAT'S GOING TO HAPPEN.

AND AND I DON'T THINK ANYBODY COULD.

BUT AGAIN, IF IF THE CITY IS CONSIDERING WHETHER A WOMAN HAS USED GOOD FAITH EFFORTS, I CAN'T IMAGINE HOW ANYONE CAN SAY ANYTHING DIFFERENT.

[02:20:04]

I THANK YOU FOR YOUR TIME. THANK YOU VERY MUCH, MR. SMITH. AT THIS TIME, WE HAVE A PUBLIC COMMENT TO THE CLERK, IF YOU WOULD.

THANK YOU, PANAMERA. I ACTUALLY HAD TWO FROM THE SAME GENTLEMAN THAT JUST CAME IN AT DIFFERENT TIMES. THEY CAME IN FROM FACEBOOK.

THIS IS FROM DAVID SCHNEIDER.

AND THE FIRST COMMENT IS GOLF COURSE PLANS AND PASSED SHOULD BE CHANGED TO MULTIUSE FOR THE BENEFIT OF ALL CITIZENS AND HOMEOWNERS THAT SURROUND THE COURSE.

HIS FOLLOW UP COMMENT WAS, BUT IT'S OK FOR WHITMONT COUNTRY CODE TO DESTROY OUR PROPERTY VALUES WITH THE HOTEL, BUT TAKE NO RESPONSIBILITY FOR MAINTENANCE OF THE WHITMONT COMMUNITY. THAT'S ALL I HAVE.

THANK YOU. THANK YOU VERY MUCH.

AT THIS TIME, I'D LIKE TO RECOGNIZE COMMISSIONER PLAKA.

THANK YOU VERY MUCH.

GOOD MORNING, JUSTIN. HOW ARE YOU? OK, OK, I'M GOING TO TRY AND MANEUVER THIS DOWN THE MIDDLE, BY THAT I MEAN. I HAVE SEEN AND HEARD EVERYTHING THAT STUFF IS REPORTED AND STAFF ALWAYS DOES AN EXCELLENT JOB WITH THEIR REPORTING OF THIS, AND I'VE JUST LISTENED TO JUST MICHELET.

I HAD A VERY, VERY VESTED INTEREST IN THIS, AS MOST OF YOU KNOW, I LIVE IN VERMONT, SO WE NEED TO FIND A WAY TO CURE THIS.

AND I'D LIKE TO TAKE THIS ONE ISSUE AT A TIME AND SEE IF WE CAN FIND A WAY TO DO THAT.

FIRST OF ALL, AS FAR AS THE UPPER RANGE.

I REMEMBER THIS DEVELOPING AGREEMENT VERY, VERY WELL FOR MANY, MANY YEARS AND DIGESTING EVERY SINGLE WORD AND EVERY PARAGRAPH AND IN PARAGRAPH NINE, IT DEFINITELY DOES SHALL SHALL HAVE AN EQUAL RANGE.

I REMEMBER LONG, ARDUOUS DISCUSSIONS ABOUT THIS THAT WE WOULD NOT ALLOW NETTING TO BE PUT UP TO PROTECT THE NEW PULTE HOMES.

SO THE FACT THAT THE NEW PULTE HOMES WERE GOING TO BE BUILT THERE, WE WERE ALL VERY AWARE OF THAT AHEAD OF TIME.

AND WE WERE ADAMANT ABOUT NOT WANTING TO HAVE NETTING PUT UP ABOUT THAT.

THERE ALSO WAS A LARGE DISCUSSION ABOUT THE UPPER RANGE AND THAT WOULD NOT NEEDED TO HAVE THERE'S NO RANGE GOLFERS LIKE THEIR PRACTICE RANGE.

AND THIS WOULD MAKE WOOD NOT ONCE AGAIN VERY UNIQUE IN ITS STANCE WAS HAVING THIS ARGUMENT. SO NOW TO HEAR ALL OF A SUDDEN THAT, NO, WE NEVER REALLY PROMISED TO HAVE AN ACTUAL RANGE.

I'M VERY SURPRISED BY THAT.

I AM DEFINITELY SURPRISED BY THAT.

NOW, IF WE TAKE THE FULL RANGE AND WE TALK ABOUT THE WATERWAY CONVEYANCE AND ALL OF THAT, I DON'T REALLY UNDERSTAND WHY THIS NOW HAS BECOME SUCH AN ISSUE.

WE SIGNED THIS AGREEMENT IN TWENTY SEVENTEEN.

SO WHY NOW ALL OF A SUDDEN ARE WE HERE? SO WE'RE NOT GOING TO AGREE TO THAT.

I MEAN, I, I HAVE TO BELIEVE THAT MR. SCHMIDT, BOTH MR. SMITH AND THEIR ATTORNEYS AT THE TIME WENT OVER THIS DEVELOPMENT AGREEMENT JUST AND JUST SAID THAT HE WROTE THE DEVELOPMENT AGREEMENT.

I MEAN, THIS HAS BEEN GOING ON SINCE TWENTY SEVENTEEN AND THE LANGUAGE HAS NOT CHANGED.

SO I'M JUST A LITTLE DISTRESSED THAT ALL OF A SUDDEN NOW THIS HAS BECOME AN ISSUE.

I HEARD THAT THE LAKE IS IN HORRIBLE CONDITION.

I CAN'T ACCOUNT FOR THAT, BUT I'M SURE STAFF CAN.

AND MAXINE WOULD HAVE HAD SOMETHING TO SAY ABOUT THAT FROM THE BEGINNING.

SO I, I FIND IT HARD TO BELIEVE THAT THE LAKE IS IN DEPLORABLE CONDITION.

AND AND IF THAT'S THE CASE AND SOMEONE CAN PROVE THAT TO ME, THEN THEN THAT'S GREAT.

WE WILL BE MORE THAN HAPPY TO DISCUSS THAT.

AS FAR AS THE MAINTENANCE, BUILDING PERMITS HAVE BEEN READY FOR OVER A YEAR.

WE ALL REMEMBER WHAT WE WENT THROUGH WITH THAT MAINTENANCE BUILDING.

SO IF THE PERMITS HAVE BEEN READY, I DO NOT UNDERSTAND WHY IT HAS TAKEN THIS AMOUNT OF TIME TO START TALKING ABOUT BUILDING IN THE MAINTENANCE BUILDING AND JUST IN MENTION THEY WANT TO GET AHEAD WITH THAT, BUT THEY CAN'T PROMISE WHEN YOU KNOW, BELIEVE ME, I

[02:25:03]

UNDERSTAND WHAT COVID-19 HAS DONE TO BUSINESSES, ALL BUSINESSES.

I COMPLETELY GET THAT.

BUT HERE AGAIN, COVID-19 HAS BEEN AROUND SINCE MARCH.

THIS SITUATION GOES BACK MANY, MANY YEARS.

SO THE QUESTION I WOULD ASK IS THE MAINTENANCE BUILDING IS GOING TO BE BUILT.

WHEN EXACTLY WHEN IS THAT GOING TO BE? THE PRACTICE AREAS, THE PRACTICE AREA, THE PRACTICE HOLBY THAT WAS IN THE NAVY FROM THE VERY, VERY BEGINNING.

THAT, TO ME, WOULD BE PART OF A REVENUE STREAM AS WELL, JUST LIKE THE UPPER RANGE WOULD BE. SO WHY THE DRAGGING OF THE FEET ON THIS? I DO NOT UNDERSTAND AT ALL THE CART PATHS.

I KNOW SOME OF THE CAR PARTS ARE ROUGH.

I GET THAT. I'VE SEEN THEM.

I UNDERSTAND THAT NEEDS TO BE DONE.

THE OUTER ROOFS.

I GET THAT. I SEE THAT THAT NEEDS TO BE DONE.

I DON'T WANT TO I REALLY DO NOT WANT TO GET CAUGHT UP IN MINUTIA HERE.

LET'S LOOK AT THE BIG PICTURE.

WE ARE SO CLOSE HERE.

WOULD MIND HAS BUILT THE NEW COUNTRY CLUB.

IT'S LOVELY. I LIVE ON THE CYPRESS.

THE CYPRESS IS IN BEAUTIFUL CONDITION.

I, I REALLY CANNOT TALK ABOUT THE PINES BECAUSE I HAVEN'T BEEN ON IT, BUT.

WE ARE SO CLOSE, WE NEED TO FIND A WAY TO WORK THIS OUT.

I HAVE NO PROBLEM WITH GIVING WHITMONT A 30 DAY CARE PERIOD.

I HAVE NO PROBLEM DOING THAT.

THE ONE THING I HAVE A PROBLEM WITH IS INDEFINITE BECAUSE I'VE SEEN WHAT HAS HAPPENED WITH THE COMMERCIAL PORTION.

WE'VE KIND OF PLAYED PLAYED WITH THAT.

THE AGREEMENT WAS SIGNED IN 17 BOOKS, CAME IN IN 18 APRIL OF 18.

IT WAS REJECTED IN MAY OF 18.

THE NEW TIME FRAME STARTED, WHICH WOULD HAVE HIT ME UP IN THE TEENS AND NOW WE'RE INTO ALMOST JUNE OF 20.

YOU KNOW, THE RESIDENTS OF WOULD MIND HAVE PUT UP WITH THAT CORNER OF HOT NEFF'S FOR A VERY, VERY LONG TIME.

WE DON'T SEE ANY REASON THAT WE CANNOT GET THAT DONE.

I JUST DON'T. I'M SORRY.

IT'S BEEN A VERY LONG TIME.

ONCE AGAIN, I HATE TO REITERATE, BUT FOLKS, WE STARTED THIS DEVELOPMENT AGREEMENT IN TWENTY SEVENTEEN.

IT'S SIGNED IN TWENTY SEVENTEEN.

IT'S TWENTY TWENTY.

IT IS REALLY TIME.

I AM MORE THAN HAPPY TO BE REASONABLE, NOT INDEFINITELY.

NO. I THINK THE PEOPLE OF WOULD NOT DESERVE BETTER THAN THAT.

WE'VE COME WAY TOO FAR TO BACKSLIDE NOW.

SO FOR NOW I WILL STEP DOWN AND ALLOW MY COLLEAGUES, THEIR COMRADES.

THANK YOU THERE. THANK YOU.

AT THIS TIME I WILL REOPEN PUBLIC COMMENTS ONE MORE TIME.

THIS WILL BE THE LAST PUBLIC COMMENT SO WE CAN GO BACK TO THE COMMISSION.

I BELIEVE THE CLERK SAYS THERE'S ANOTHER PERSON WISHING TO MAKE A COMMENT, PLEASE.

THANK YOU, MADAM MAYOR. THIS ONCE AGAIN, THIS IS THE THIRD COMMENT FROM DAVID SCHNEIDER.

PRISTINE GOLF COURSE.

ARE YOU KIDDING ME? GOLD QUARTZ PATHS ARE FAR MORE PRISTINE.

THANK YOU VERY MUCH.

PUBLIC COMMENTS ARE NOW CLOSED AND WE WILL BE GOING TO COMMISSIONER FISHMAN.

THANK YOU, MAYOR. I HAVE A COUPLE OF QUESTIONS FOR MAXIME CALLAWAY.

COMMISSIONER, THE FIRST IS YOU SPECIFIED THAT PARAGRAPH NINE WAS PART OF THE CURE AGREEMENT IN TWENTY EIGHTEEN, OR ANY OF THE OTHER ITEMS, PART OF THE AGREEMENT IN TWENTY EIGHTEEN. YES, THE CURE NINETEEN TWENTY AND I'M TWENTY EIGHTEEN INCLUDED THE COMMERCIAL PARTIAL TEMPORARY IMPROVEMENTS.

BUT THEY ARE BEYOND THE DATE THAT THEY PLAN TO HAVE THAT DELIVERED.

IT INCLUDED THE NEW CLUBHOUSE, WHICH OF COURSE YOU KNOW THAT WAS DELIVERED.

IT INCLUDES AS WELL THE GOLF COURSE UPGRADES AND THE BUFFALO RESTORATION PLAN AND THE MAINTENANCE FACILITY, NONE OF WHICH WAS MET, NONE OF WHICH WAS NOT OK.

AND CAN YOU PLEASE ADDRESS THE ISSUE OF THE LAKE MAINTENANCE? MR. SCHMIDT IS SAYING IT'S BEEN DEFERRED AND THAT THE CITY IS RESPONSIBLE FOR THAT LAKE MAINTENANCE. COULD YOU ADDRESS THAT, PLEASE? WELL, I DON'T I DON'T WANT TO JOIN ME ON THIS MEETING SO HE CAN ASSIST WITH THAT.

[02:30:05]

JOHN, CAN YOU HELP ME WITH THE MAINTENANCE QUESTION? YES, FOR THE RECORD, JOHN DOHERTY, ASSISTANT DIRECTOR OF PUBLIC SERVICES, IN ACCORDANCE WITH THE WITH THE FULL RANGE BEING TURNED OVER TO WOULDN'T WANT A COUNTRY CLUB, THE CITY DID STOP MAINTENANCE ON IT SOME TIME AGO.

I DON'T KNOW THE EXACT DATE.

WE DID GO IN RECENTLY TO PERFORM ONE MORE ADDITIONAL MAINTENANCE OF THE RANGE OF APPROXIMATELY A MONTH AND A HALF OR TWO MONTHS AGO.

AND THAT WAS THE LAST TIME WE MAINTAINED THE LATE.

OK, SO AS PART OF THE AGREEMENT, WE TURNED OVER THE LAKE TO COUNTRY CLUB.

NO. THE LAKE HAS NOT OFFICIALLY BEEN TURNED OVER, THE WATER OR THE QUITCLAIM DEED HAS NOT BEEN SIGNED IN THE FLOWAGE EASEMENT DOCUMENT THAT HAS NOT BEEN SIGNED EITHER.

SO TECHNICALLY, THE CITY STILL OWNS THE LAKE, BUT WE HAVE NOT BEEN MAINTAINING IT AS WE HAD IN THE PAST DUE TO THE FACT THAT THE GULF COAST SHOULD HAVE TAKEN OWNERSHIP OF THAT QUITE SOME TIME. HOW LONG AGO? IT REALLY SHOULD HAVE BEEN TURNED OVER TO THEM FOR THE DEVELOPMENT AGREEMENT.

I BELIEVE THEM, ACTUALLY, CORRECT ME IF I'M WRONG, SOMETIME IN LATE 2017.

EARLY 2018.

THAT IS CORRECT. SO THAT IS PARAGRAPH SEVEN, COMMISSIONER, THAT SPEAKS ABOUT THE WATERWAY CONVEYANCE RELATIVE TO THE OPERATION.

SO WE HAVE CITED THE RANGE UNDER ABOUT TWO OR THREE PROVISIONS IN PARAGRAPH SEVEN, PARAGRAPH EIGHT, AS WELL AS PARAGRAPH NINE.

BUT WE HAVE ATTEMPTED TO CONVEY THE RANGE TO WHITMONT.

WE HAVE DRAFTED THE DEED.

I THINK SAM CLARIFIED THAT THE DATE, IN FACT, WAS DRAFTED BY POULTS COUNSEL AND WE HAVE DELIVERED IT TO THEM FOR THEIR REVIEW, AS WELL AS THE FLOWAGE EASEMENT THAT WOULD GRANT ACCESS TO THE CITY FOR OUR WASTEWATER, WHICH THEY ARE REFUSING TO ACCEPT THE CONVEYANCE AS WELL AS SIGNED THE FLOWAGE EASEMENT.

UNDERSTOOD. THANK YOU.

AND THANK YOU VERY MUCH.

I AM NOT SEEING ANY OTHER COMMENTS.

I KNOW THAT MR. SCHMIDT WOULD LIKE TO SPEAK AGAIN, BUT BEFORE YOU DO, I'M GOING TO SEND MY COMMENTS BECAUSE YOU MAY WANT TO RESPOND TO THEM AS WELL.

I. ECHO THE COMMENTS OF THE COMMISSION PLIEGO ABOUT WANTING TO SEE WHAT WE COULD DO TO TRY TO CURE THIS, BUT I DO HAVE SOME CONCERNS AND QUESTIONS IN THE ULTIMATE CONTEMPLATION OF THIS. AND I REMEMBER ALL THE CONVERSATION WE HAD ABOUT THAT OPERATION.

THE OPERATION WAS PURELY PART OF THIS.

IT WAS A BIG DRIVE, A BIG SELLER FOR THIS.

DID PODS B AND G GET TRANSFERRED OVER TO YOU? WHERE ARE THE CONVEYANCES DONE, DID POLITIC CONVEY OR CLOSE ON SORRY? DID YOU CONVEY TO PULTE PODS BANG? YES, I BELIEVE THOSE PODS WERE CONVEYED TO THEM.

THE CLOSING WAS VERY SHORTLY BEFORE, I BELIEVE IT WAS IN JANUARY OF OF 20.

IT WAS VERY RECENTLY.

IT WAS RIGHT. REALLY VERY SHORTLY BEFORE.

THE VIRUS IS WHEN THAT AND I BELIEVE THEY JUST STARTED THE DEMOLITION OF THE OF THE OLD CLUBHOUSE. I THINK THAT DEMOLITION STARTED RIGHT BEFORE THE SHUTDOWN SOMETIME IN THE FIRST QUARTER OF 2010.

SO, YES, WE DID CLOSE IN.

THOSE PODS WERE TRANSFERRED TO THEM.

BUT THEY I DON'T BELIEVE THEY'VE STARTED ANY OF THE INFRASTRUCTURE WORK YET AGAIN, WHICH ALL NEEDS TO BE DONE BEFORE WE CAN EVEN DO ANYTHING WITH REGARD TO THE OPERATION.

WELL, I HEAR WHAT YOU'RE SAYING, QUITE HONESTLY, THIS AGREEMENT WAS DRAFTED WITH THE CONTEMPLATION OF THE LAKES, AS THEY WERE AT THE TIME.

YOU DID YOUR DUE DILIGENCE, EVERYTHING THAT YOU WERE DOING AT THAT TIME PRIOR TO COVID.

WHILE I COMPLETELY SYMPATHIZE WITH EVERYTHING THAT'S GONE ON, THE ISSUES THAT YOU'RE HAVING MONETARILY OR REASON FOR THREE MONTHS WHEN IT COMES TO COVID HAS NOTHING TO DO WITH ALL THE PLANNING FOR THE PAST THREE YEARS TO DATE.

SO WE'D ALSO BEEN HERE.

REMEMBER WHEN WE WERE HERE A COUPLE OF YEARS AGO, THERE WAS A BIG BONE OF CONTENTION ABOUT WHETHER OR NOT TO LET THE GULF BEGIN WHEN THINGS WERE NOT MATERIALLY COMPLETED, SUCH AS THE MAINTENANCE SHED, CERTAIN OTHER ITEMS. YET WE DID AN OPPORTUNITY TO CURE AND TWO YEARS LATER, WE'RE STILL WORKING ON HAVING A MAINTENANCE SHED THAT'S NOT UP.

THE CITY'S CONTEMPLATION THROUGH WHAT IS EXPECTED FOR IT TO DO WITH THE WATERWAYS WAS

[02:35:04]

ALSO CONSIDERED FOR CITY EXPENSES IN REGARDS TO THE MAINTENANCE OF THAT LAKE.

AND THERE'S NOTHING IN HERE THAT SAYS THAT YOU HAVE TO BE OPERATIONAL FOR THE AQUATIC, FOR YOU TO TAKE OVER THE OWNERSHIP OF THAT LAKE, THAT AQUA RANGE WAS INCLUDED.

SO I HAVE A LITTLE TROUBLE WITH THAT.

I UNDERSTAND ISSUES THAT HAVE COME UP, BUT AT THIS TIME.

WHAT IS YOUR PLAN TO CURE IT? TO HEAR THAT YOU WANT TO WAIT TILL AFTER COVID OVER BECAUSE YOU DON'T KNOW IF IT MIGHT HAPPEN AGAIN? THAT'S NOT A VERY COMFORTING ABILITY COMMENT TO US OR AT LEAST ME TO HEAR OF WHAT KIND OF PLAN YOU HAVE IN PLACE, BECAUSE WE HAVE A PLAN FROM TWO TO THREE YEARS AGO THAT DIDN'T WASN'T DONE AND A PLAN FROM TWO YEARS AGO THAT STILL WASN'T DONE.

SO WHAT DO YOU HAVE FOR US? SO I KNOW YOU WANTED TO RESPOND, SO PLEASE GO FOR IT.

WELL, YOU KNOW, MY FIRST RESPONSE TO THE LAST PART OF YOUR QUESTION IS YOU COULD GO TO ANY BUSINESS IN TAMARACK OR IN FLORIDA OR AROUND THE COUNTRY RIGHT NOW AND SAY, YOU KNOW, I KNOW YOU WERE PLANNING ON ON THIS BIG INFRASTRUCTURE PROJECT THAT YOU HAVE TO SPEND TENS OR HUNDREDS OF THOUSANDS OF HUNDREDS OF THOUSANDS OF DOLLARS BUILDING.

I KNOW YOU'VE BEEN PLANNING ON DOING IT FOR SEVERAL YEARS, AND I KNOW YOU'RE READY TO TO MOVE FORWARD AND THEN ALL OF A SUDDEN THE COVID VIRUS HAPPENS.

AND IF YOU GO TO THOSE BUSINESSES TODAY AND ASK THEM WHAT WHAT ARE YOUR PLANS, WHEN ARE YOU GOING TO START CONSTRUCTION ON THIS BIG PROJECT, THEY'RE GOING TO TELL YOU THE SAME THING THAT I'M SAYING. THEY'RE GOING TO TELL YOU, I DON'T KNOW.

A LOT OF THINGS HAVE CHANGED OVER THE PAST THREE.

YES, IT'S ONLY BEEN THREE OR FOUR MONTHS, BUT A LOT OF THINGS HAVE CHANGED IN THE PAST THREE OR FOUR MONTHS AND IT IS UNREASONABLE TO EXPECT A FIRM DATE.

NOW WE ARE AGAIN.

NOW I CAN GO BACK AND ADDRESS SOME OF THE OTHER THINGS.

WE'LL TALK ABOUT THE MAINTENANCE AREA FIRST.

THE MAINTENANCE AREA, OBVIOUSLY IS SOMETHING WE HAVE TO GET DONE.

THERE'S NO DISPUTE THERE.

AGAIN, THE REASON WHY IT WAS PERMITTED OVER A YEAR AGO AND IS STILL NOT COMPLETED IS BECAUSE PULTE USED TO TURN THE LAND OVER TO US.

THEY WERE IN POSSESSION OF THAT LAND AND THEY JUST GAVE IT BACK TO US SEVERAL MONTHS AGO.

WE JUST RENEWED THE BUILDING PERMIT RECENTLY.

I THINK A MONTH OR SO AGO.

WE WE PAID THE FEE RESEARCH.

I'M NOT SURE OF THE EXACT VERBIAGE, BUT WE PAID A FEE TO THE CITY TO ENSURE THAT THAT PERMIT REMAINS IN PLACE.

OUR PLAN IS TO START AS SOON AS WE ARE PHYSICALLY ABLE TO.

BUT AGAIN, I HAVE TO ASK FOR FOR THE CITY TO RECOGNIZE THE CONDITION THAT WE'RE OPERATING UNDER, WHERE WE'RE OPERATING AT A VERY LIMITED CAPACITY.

WE'RE NOT EVEN ABLE TO TO EVEN HOSTS LARGE WEDDINGS IN IN EVENTS RIGHT NOW, WHICH IS ONE OF OUR MAIN SOURCES OF REVENUE.

WE DON'T KNOW WHEN PEOPLE ARE GOING TO FEEL COMFORTABLE GOING BACK TO HAVING BIG PARTIES OR WHEN IT'S EVEN SAFE TO GO BACK AND DO THAT.

SO THERE IS JUST A LOT OF UNCERTAINTY AND AND WE NEED TIME TO SEE HOW THIS REOPENING GOES AND THAT OUR BUSINESS IS ABLE TO REOPEN AND OPERATE IN THE WAY THAT THAT THE TERMS OF OUR OUR DEVELOPMENT AGREEMENT WERE NEGOTIATED IN AN ENVIRONMENT WHERE WE WERE ABLE TO CONDUCT BUSINESS AS A COUNTRY CLUB.

IF WE'RE NOT ABLE TO CONDUCT BUSINESS AS A COUNTRY CLUB, THEN FRANKLY, A LOT OF TERMS IN THIS DEVELOPMENT AGREEMENT. NEEDS TO BE MODIFIED TO ADDRESS THE FUTURE REALITY IF WE'RE NOT ABLE TO HOST EVENTS ANYMORE FOR THE NEXT YEAR.

I MEAN, THIS IS THIS IS NOT GOING TO WORK.

SO THERE IS JUST TOO MUCH UNCERTAINTY.

AGAIN, WE'RE HAPPY TO SIT DOWN.

WE'VE ASKED FOR A MEETING WITH THE CITY STAFF, I THINK, LATER THIS WEEK TO TALK ABOUT THE FENCE AND HOW WE CAN MOVE FORWARD ON THAT.

BUT THE CITY'S GOING TO HAVE TO BE PATIENT AND WAIT.

THERE ARE MANY THINGS IN THIS REPORT FROM THE STAFF.

AND AGAIN, THIS IS NOT AN INSULT TO THE STAFF OR ANYTHING, BUT THAT ARE JUST FACTUALLY INCORRECT AND AND CONTRARY TO, YOU KNOW, AND IN FACT, MR. FLACCO, YOU KNOW, I HAVE TO TAKE EXCEPTION WITH SOME OF THE COMMENTS THAT YOU MADE AS WELL, DESPITE YOUR RECOLLECTION OF WHAT WENT ON.

I HAVE PHYSICAL EMAILS, CORRESPONDENCE BACK AND FORTH ABOUT WHETHER THE OCCURENCES IS REQUIRED OR NOT THAT SPECIFICALLY SAY IT'S NOT.

SO IT'S IT'S SILLY TO ARGUE.

YOU KNOW, YOU LOOK AT SECTIONS OF THIS, THE WATERWAY SECTION SEVEN, THE WATERWAY AREAS IS A DEFINED TERM.

THERE'S AN EXHIBIT ATTACHED WITH LEGAL DESCRIPTIONS OF WHAT THOSE WATERWAY CONVEYANCES ARE. THE LAKE IS NOT IN THAT.

IT'S IF WE WERE IN A COURT OF LAW, NONE OF THESE ARGUMENTS ARE HAVE ANY VALIDITY

[02:40:02]

WHATSOEVER. AND I KNOW THAT THE CITY ATTORNEY WILL MAKE HIS OWN OPINIONS ON THAT.

BUT WE HAVE CERTAIN LAWS IN CERTAIN PRACTICES WHEN IT COMES TO CONTRACT LAW THERE.

IF THERE IS AN AMBIGUITY IN A CONTRACT, THE COURTS MIGHT LOOK TO PAROL EVIDENCE.

THEY MIGHT LOOK TO EMAIL CORRESPONDENCE BACK AND FORTH BETWEEN THE DEVELOPER AND THE CITY. WHEN THIS CONTRACT BEING DRAFTED, I HAVE EMAILS THAT SAY THE OPPOSITE OF WHAT'S BEING REPRESENTED BY THE CITY STAFF RIGHT NOW.

SO NOBODY WANTS TO LITIGATE THIS AND DO THIS.

BUT BUT TO SAY THAT THIS ACRE RANGE WAS CARVED IN STONE, IT NEVER WAS.

EVERY CORRESPONDENCE WE HAVE SAYS IT'S CONCEPTUAL, BUT THAT'S IRRELEVANT.

I AGREE. I WOULD ALSO LIKE TO FIND A WAY TO MOVE FORWARD.

OK, I'VE MADE CLEAR WHAT OUR POSITION IS WITH REGARDS TO THE LAKE UNTIL THE LAKE IS BROUGHT UP TO. FIRST OFF, LET ME LET ME RE-EMPHASIZE THAT REGARDLESS OF THE RANGE, NOWHERE IN THIS DEVELOPMENT AGREEMENT DOES IT REFERENCE THAT WOODMAN IS REQUIRED AND OBLIGATED TO TAKE OWNERSHIP OF THE LAKE.

IT'S NOT MENTIONED ANYWHERE IN THE DEVELOPMENT AGREEMENT WHATSOEVER.

OK, SO LET ME MAKE THAT CLEAR.

AND AND AGAIN, I DIDN'T MENTION THIS IN MY EARLIER PRESENTATION.

BUT AS THE CITY IS WELL AWARE, ALL BUSINESSES IN THE CITY OF TAMARACK PAY A SUBSTANTIAL NON AD VALOREM TAX EVERY YEAR.

FOR A STORMWATER SURCHARGE, I'M SURE, I'M NOT SURE OF THE SPECIFIC NAME, BUT BUT IT IS ESSENTIALLY A SURCHARGE ON OUR TAX BILL FOR THE CITY, WHICH GOES TO A FUND THAT THE CITY USES TO MAINTAIN THE STORM, WATER SYSTEMS THROUGHOUT THE CITY FOR THE CITY TO DEMAND THAT WOULD WANT TO TAKE OWNERSHIP AND RESPONSIBILITY FOR MAINTAINING THIS LAKE.

WHAT IS ESSENTIALLY BEING CHARGED TWICE? WE PAY THIS VERY LARGE FEE EVERY YEAR TO THE CITY TO MAINTAIN THE CITY'S WATERWAYS.

AND NOW YOU'RE ASKING WOULD WANT TO PAY MORE ON TOP OF THAT SURCHARGE THAT EVERY OTHER BUSINESS PAYS TO ALSO MAINTAIN THIS BODY OF WATER? AND AND, AGAIN, I DON'T THINK THAT'S FAIR OR REASONABLE.

I'VE OFFERED COMPROMISES WHERE IF THE CITY WANTS WOULD WANT TO TAKE OWNERSHIP AND MAINTENANCE OF THIS LAKE, THEN THAT'S FINE.

THEN DOLLAR FOR DOLLAR.

EVERY DOLLAR WE SPEND ON MAINTAINING THE LAKE, WE CAN DEDUCT FROM OUR TAX.

YOU CAN GIVE US A TAX REBATE SO WE DON'T PAY TWICE.

THERE'S LOTS OF DIFFERENT COMPROMISES, I CAN SIT DOWN AND DISCUSS THE STAFF AND WE CAN FIND A RESOLUTION, BUT WE HAVE TO GET PAST THIS BASIC CONCEPT THAT WOODWARD HAS UNLIMITED FUNDS AND WE CAN JUST CONTINUE TO PAY FOR THINGS THAT THAT DON'T THAT BENEFIT THE ENTIRE COMMUNITY WITHOUT ANY COMPENSATION TO WOODMAN COUNTRY CLUB, THE COMMERCIAL PARKS WITH THE IMPROVEMENTS ON THE COMMERCIAL PARCEL.

AS MENTIONED, WE HAD A CLEAR PLAN FOR TWENTY EIGHTEEN SHORTLY AFTER THAT.

YOUR PLAN IS WHEN THE DEVELOPER THAT WE WERE UNDER CONTRACT WITH TO DEVELOP THE COMMERCIAL AND SUBMITTED THEIR FLIGHT PLAN SO THAT.

STOP THE CLOCK, CHANGE THE CLOCK.

YOU KNOW, THAT WAS IN RESPONSE TO THE QUESTION THAT THE COMMISSIONER FISHMAN ASKED ABOUT, ABOUT THE TIMING OF THE CURE PLAN AND WHAT WAS LISTED IN THE CURE PLAN.

THERE WERE INTERVENING FACTORS SINCE THE CARE PLAN THAT RESTARTED THAT CLOCK.

AND AGAIN, WHITMONT HAS EVERY INTENTION TO MOVE FORWARD AND COMPLETE THOSE ITEMS, THE MAINTENANCE AREA, THE COMMERCIAL IMPROVEMENTS.

WE JUST NEED TIME TO RECOGNIZE THAT UNTIL WE'RE ABLE TO OPERATE AS A COUNTRY CLUB AGAIN, THE CITY NEEDS TO BE PATIENT.

AND YES, YOU'VE BEEN PATIENT FOR MANY YEARS.

AND I HOPE THAT WE'VE REWARDED YOUR PATIENTS WITH OUR NEW CLUBHOUSE AND THE CONDITION OF THE GOLF COURSE WE LAST YEAR, WE ABSOLUTELY PUT OTHER PROJECTS TO THE SIDE AS WE FOCUSED ON BUILDING OUT THE NEW CLUBHOUSE AND FIXING UP THE GOLF COURSE, AS WE FOCUSED ALL OF OUR EFFORTS ON THAT.

AND FRANKLY, IT WAS DIFFICULT.

AND BUT WE EVENTUALLY GOT IT DONE.

AND NOW WE HAVE A NICE NEW CLUBHOUSE.

AND RIGHT NOW WE'RE JUST AGAIN, BEFORE THE VIRUS, WE WERE FOCUSED ON BUILDING UP THE MEMBERSHIP IN THE BUSINESS.

AGAIN, WE'RE DOING A GREAT JOB AND THEN HAD THE RUG PULLED OUT FROM UNDER US.

SO I'M ASKING THE CITY TO CONTINUE TO BE PATIENT WHILE WE WAIT.

YOU KNOW, AGAIN, ANOTHER CONCEPT IN CONTRACT LAW IS FORCE MAJEURE.

[02:45:03]

YOU KNOW, THERE ARE ACTS OF GOD THAT ARE BEYOND OUR CONTROL.

AND, YES, IF IT'S TAKING US LONGER TO DO THE COMMERCIAL IMPROVEMENTS AND IT'S TAKING US LONGER TO DO THE MAINTENANCE AREA, IT IS NOT BECAUSE WE HAVEN'T SHOWN GOOD FAITH.

IT'S BECAUSE THERE'S INTERVENING ACTS OF GOD BEYOND OUR CONTROL THAT ARE CAUSING DELAYS AND AND WE ARE JUST DEALING WITH IT BEST WE CAN.

LISTEN, WE HAVE A HURRICANE SEASON FAST APPROACHING, HEAVEN FORBID.

WE HAVE A MAJOR WEATHER EVENT.

IT'S GOING TO DELAY US AGAIN.

AND THERE'S, AGAIN, NOTHING WE CAN DO ABOUT THAT.

WE ARE THIS IS UP TO GOD.

THIS IS THIS IS BEYOND OUR CONTROL.

SO, AGAIN, ARE WE USING GOOD FAITH TO MOVE US FORWARD? ABSOLUTELY. I'M HAPPY TO SIT DOWN.

IF THE CITY WANTS TO PASS A RESOLUTION THAT SAYS THAT WE'LL MEET WITH THE STAFF AND CREATE A NEW CARE PLAN AND COME UP WITH A REASONABLE TIMETABLE TO COMPLETE THOSE FEW ITEMS THAT REMAIN UNRESOLVED, AGAIN, THERE HAS TO BE CONTINGENCIES BUILT IN FOR OTHER EVENTS. THERE HAS TO BE CONTINGENCIES BUILT IN FOR WHEN THE FINISHES TO THE IMPROVEMENTS THAT THEY HAVE TO DO. I CAN'T BUILD OUR NEW PART PATH THROUGH THE THE RESIDENTIAL POOR BALANCE OUT GATE UNTIL THEY FINISH THAT PORT.

THEY HAVE TO FINISH THAT POD BEFORE I CAN BUILD MY NEW CAR THAT'S GOING TO RUN THROUGH IT. I YOU KNOW, THERE'S THINGS THAT THAT, YOU KNOW, THIS IS A A MAJOR REDEVELOPMENT PROJECT. AGAIN, POLLY WAS GIVEN SIX YEARS TO COMPLETE THEIR IMPROVEMENTS AND WE NEED MORE TIME. SO I AGAIN, I WOULD ASK THAT THE CITY PASS, YOU KNOW, THAT THE CITY PROVIDE FOR A FOR US TO SIT DOWN WITH THE STAFF TO NEGOTIATE A CARE PLAN AND TAKE IT FROM THERE.

BUT BUT WE HAVE TO HAVE DISCUSSIONS ON THE LAKE BECAUSE I STRONGLY DISAGREE THAT WHITMAN IS OBLIGATED TO TAKE OWNERSHIP OF THE LAKE.

IT'S NOT REFERENCED ANYWHERE IN THE DEVELOPMENT AGREEMENT.

AND IF THE CITY WANTS WOULD WANT TO TAKE OWNERSHIP OF THE LAKE, WE NEED PROTECTION.

THANK YOU, JUSTIN. THERE'S STILL SOME MORE QUESTIONS AND BASICALLY I'M AWARE THAT THE CLUB ALSO MAINTAINS OTHER CANALS.

I'M GOING TO ASK MAXINE IF YOU WOULD JUST YOU MENTIONED IT IN YOUR PRESENTATION, BUT JUST GIVE ANOTHER ONE, IF YOU WOULD, REGARDING THE TOLLING PROCESS ON THE COMMERCIAL PARCEL, THE PLANNING, THE TIMING OF THE TOLLING FOR THAT.

ABSOLUTELY. SO THE DEVELOPMENT AGREEMENT PROVIDES FOR A TOLLING PERIOD.

IF A SITE PLAN IS SUBMITTED, THAT WOULD STOP THE THE TIME ROLLING FORWARD AND IT WOULD START IT OVER. AND SO JUSTIN IS CORRECT THAT IN TWO THOUSAND AND EIGHTEEN, THEY DID SUBMIT A PLAN TO THE CITY FOR A RESIDENTIAL DEVELOPMENT WHICH WENT TO D.R.C.

DURING THAT SUBMITTAL.

THEN THERE WOULD BE A TOLLING PERIOD THAT WOULD STOP THE CLOCK.

SO THE CLOCK STOPPED BACK IN ABOUT MARCH OR SO OF 2008 WHEN THAT APPLICATION WAS SUBMITTED. WE WENT THROUGH THE DRC EXCUSE ME, IN 2018.

THAT'S CORRECT. WE WENT THROUGH THE DRC PROCESS.

WE REALIZED THAT THE RESIDENTIAL DEVELOPMENT WAS ENCROACHING ONTO THE GOLF COURSE, WHICH WOULD REQUIRE AN AMENDMENT TO THE RESTRICTIVE COVENANT, THE 50 YEAR RESTRICTIVE COVENANT.

THE APPLICANT DID NOT WANT TO DO THAT, AND SO STAFF HAD TO REJECT THAT APPLICATION.

THAT APPLICATION WAS REJECTED ON MAY 24TH, TWO THOUSAND AND EIGHTEEN.

THAT MEANS THAT 12 MONTH PERIOD WOULD THEN BEGIN ON ME.

SO HE DID GET A GRACE PERIOD WITH ONE COUNTRY CLUB, DID GET A GRACE PERIOD, AND A NEW TOLLING BEGAN ON ME.

TWENTY FOUR, TWENTY EIGHTEEN.

WHEN THAT PIPELINE WAS REJECTED, IT'S BEEN WELL OVER A YEAR AND IN FACT IT'S BEEN ME TWENTY FOR TWENTY, NINETEEN WAS ONE YEAR.

IT'S BEEN WELL OVER A YEAR SINCE THAT OBLIGATION HAS NOT BEEN DELIVERED.

SO BASICALLY THAT OBLIGATION IS APPROXIMATELY TWO YEARS OLD NOW.

IT'S THE A YEAR YOU HAD A YEAR TO GET IT DONE TO NINETEEN AND THEN FROM NINETEEN ON THERE'S BEEN NOTHING FOR THAT COMMERCIAL PROPERTY THAT HAS BEEN SUBMITTED.

SO LOOK, AGAIN, I'M GOING TO I WANT TO SEE WHAT WE CAN DO.

BUT I'VE GOT TO TELL YOU, JUST MY MY ISSUES ARE THIS.

WHERE'S THE CAPITAL? ONE OF THE BIGGEST PROBLEMS I KNOW WE HAD WHEN WE WERE FIRST AGREEING TO THIS FOR PART OF THE THING THAT IT TOOK SO LONG FOR US TO GET TO AN AGREEMENT. TWENTY, SEVENTEEN.

WE WERE PROMISED THAT THERE WAS FUNDING, THAT THIS WOULD NOT HAVE ISSUES, THAT WE WOULD BE ABLE TO HAVE THIS BE BUILT IN VERY QUICK TIME.

AND YES, I GET ALL ABOUT THE KOBAD THAT STARTED IN MARCH.

THAT'S MARCH TWENTY TWENTY.

IT HAS NOTHING TO DO WITH SOME OF THE ISSUES WHERE FUNDS IN A BUDGETED PLAN FOR BUILD OUT

[02:50:04]

SHOULD HAVE BEEN PUT AWAY.

I'M NOT HERE TO TELL YOU HOW TO RUN YOUR BUSINESS, BUT YOU'RE ASKING US AS A CITY TO BE PATIENT A LITTLE BIT LONGER.

BUT WE HAVE RESIDENTS WHO ARE LIVING ON THIS PROPERTY.

WE HAVE PEOPLE WHO DRIVE BY THIS ALL THE TIME.

PLUS WE HAVE ADDITIONAL ASKS, RIGHT.

FOR FOR TRYING TO NOW CHANGE A CONTRACT MIDSTREAM.

IT'S A LITTLE UNNERVING.

OK, THERE'S AN AGREEMENT.

IF THERE ARE CERTAIN THINGS THAT THROUGH DILIGENCE YOU DIDN'T FIGURE OUT OR WASN'T ABLE TO BE COMPLETED, TO COME BACK NOW AND ASK FOR CHANGES SEEMS A LITTLE CONVENIENT.

BUT AS FOR YOU, WANTED THE KUDOS FOR THE COURSE.

THE COURSE DOES LOOK GREAT.

PEOPLE ARE. I KNOW YOU'VE BEEN JAM PACKED FOR GOLFERS ALL WEEKEND LONG THROUGH MEMORIAL DAY WEEKEND. PEOPLE ARE EATING ON YOUR COURSE.

PEOPLE ARE PARTICIPATING.

AND AS SOON AS YOU CAN HAVE BANQUETS THERE, I'M PRETTY SURE THAT PEOPLE WILL BE FLOODING IN BECAUSE THEY SEEM TO BE PARTICIPATING NOW.

AND THAT'S GREAT. WE WANT YOUR SURVIVAL.

WE WANT YOUR SUCCESS.

WE TRULY, TRULY DO.

BUT AS A BUSINESS PARTNER TO THE CITY AND TO THE RESIDENTS AND THE OTHER BUSINESSES HERE, WE NEED A LITTLE BIT MORE TO THE TABLE, LIKE HERE IT IS.

HERE'S THE MONEY. HERE'S WHAT WE'RE GOING TO DO.

THIS HERE'S A PLAN. YES.

ACTS OF GOD COME WITH HURRICANE IKE, COVID.

IT'S A THREE MONTH THING.

AND MOST BUSINESSES IN YOUR CAPACITY, YOU HAD YOUR AFFECTED.

I GET IT. I KNOW. BUT ALL THIS STUFF THAT WE'RE ASKING FOR IT TO HAVE BEEN COMPLETED PRIOR TO COVID, EVEN STARTING BY AT LEAST A YEAR.

SO THAT'S ONE OF THE THINGS THAT REALLY, TRULY TROUBLES ME.

THAT BEING SAID, YOU SAY YOU WANT TO COME TO THE TABLE.

THAT'S GOING TO BE FOR THE COMMISSION TO DETERMINE HOW THE NEXT STEPS GO.

AND I'M GOING TO GIVE IT BACK TO COMMISSIONER PLAKA.

THANK YOU VERY MUCH.

I DON'T WANT TO BE REDUNDANT, BUT LET'S EVERYONE KEEP IN MIND THIS AGREEMENT WAS SIGNED IN TWENTY SEVENTEEN.

IT'S TWENTY TWENTY FOUR AGREEMENTS, SO.

WELL, I UNDERSTAND IT HAS IMPACTED THE CLUB'S BUSINESS.

IF WE REMAIN IMPACT, IT'S GOING TO BANKRUPT THE CLUB, PUT EVERYTHING UNDER THEN WE DEFINITELY ARE IN TROUBLE.

SO I MAY OR.

DAD TALKED ABOUT FINANCES A GREAT DEAL, WE NEGOTIATED THIS, ITS DEVELOPMENT AGREEMENT, WE'VE BEEN THROUGH ALL THAT.

SO IT IS TIME.

IT IS DEFINITELY TIME.

I AM NOT SAYING THAT STAFF SHOULD NOT MEET WITH YOU BECAUSE, QUITE FRANKLY, WE'RE NOT GOING TO SIT HERE AND RENEGOTIATE THIS DEVELOPMENT AGREEMENT THAT IS JUST NOT GOING TO HAPPEN HERE. FIRST OF ALL, NOT OUR JOB.

NOT GOING TO DO IT. SO I WOULD SAY TO YOU, SIT DOWN WITH YOU.

I HAVE TO TELL YOU, I AM NOT LOOKING FOR AN INDEFINITE AMOUNT OF TIME TO CERTAINLY GIVE US SOME TIME.

WE'RE DOING THE BEST WE CAN.

THAT'S JUST NOT GOING TO WORK.

I'M SORRY, BUT I'M TRYING TO BE REASONABLE HERE.

BUT YOU HAVE TO HAVE A PLAN IN PLACE.

YOU HAVE TO HAVE A CURE GIRL.

AND I WANT TO THANK THERE.

THANK YOU. COMMISSIONER ELLEN HAS A QUESTION FOR THE CITY ATTORNEY, PLEASE.

MR. GAGNON, YES, YES, FROM A LEGAL PERSPECTIVE, IS THE POSITION OF THE STAFF.

SOUND MAY RESPOND METAMORA ON THE SEARCH IN TERMS OF HOW THEY HOW THEY PROCEED, THE VENDOR RESPONDING TO THE CONTRACT OBLIGATIONS.

LET ME LET ME ANSWER THE COMMISSION TELLING YOU THAT FIRST.

FIRST OF ALL, THE AMENDED AND RESTATED AGREEMENT IS EXACTLY THAT.

IT'S AN AMENDED AND RESTATED AGREEMENT FROM A PRIOR AGREEMENT.

AND THIS DOCUMENT WAS NEGOTIATED.

IT MAY HAVE BEEN THEORETICALLY WRITTEN BY ONE OR ANOTHER LAWYER, BUT ALL LAWYERS PARTICIPATED IN THIS DISCUSSION.

AND THE COMMISSION AT THE TIME WEIGHED HEAVILY IN THE CONTEXT OF WHAT THE DOCUMENT LOOKED LIKE. SO DUE RESPECT TO MY COLLEAGUE JUSTIN SCHMIDT, HE DIDN'T WRITE THE DOCUMENT, THE DOCUMENT WRITTEN BY A HOST OF LAWYERS, ONE OF WHOM WAS NOT ON THIS PHONE CALL, SCOTT BAKERMAN AND HIS FIRM AS WELL.

SO FROM THE STANDPOINT OF JOINT PREPARATION, IT WAS A JOINTLY PREPARED DOCUMENT.

AND I DO SUPPORT THE STAFF ANALYSIS.

I DO SUPPORT THEIR THEIR THEIR FINDINGS AND RECOMMENDATIONS IN THE CONTEXT OF REVIEW.

AND TO THE EXTENT THAT THERE IS A NEED UNDER THE AGREEMENT, IT IS A WHAT'S CALLED COMMISSIONER, A CHAPTER ONE SIXTY THREE AGREEMENT.

I DIGRESS JUST FOR A MINUTE, MARK, PLEASE FORGIVE ME.

THIS COULD HAVE BEEN PREPARED AS A NON CHAPTER ONE SIXTY THREE AGREEMENT.

WHAT'S THE CHAPTER ONE SIXTY THREE AGREEMENT.

IT'S A STATUTORILY PROVIDED DOCUMENT THAT PROTECTS BOTH PARTIES.

WHY SIX YEARS.

BECAUSE THEY EVERYONE AGREED TO SIX YEARS.

IT COULD HAVE BEEN TEN YEARS BUT THEY AGREED TO SIX YEARS.

WHOSE THE THEY THEY ARE THE CITY OF TAMARACK, FLORIDA, PULTE HOMES AND WHITMONT COUNTRY

[02:55:02]

CLUB. NOT JUST THE CITY AGREED TO THIS.

ALL THE PARTIES AGREED THAT THAT SIX YEAR PERIOD WAS A BUILD OUT PERIOD CONTEMPLATED WHEN THE DOCUMENT ACTUALLY GOT STARTED.

THERE ARE SOME PECULIARITIES ABOUT THIS CONTRACT THAT MAKE IT VERY UNIQUE.

SO, FOR EXAMPLE, WHEN YOU HEAR OF THE WORD PODS, YOU'VE HEARD THAT SEVERAL TIMES THIS MORNING AND YOU READ IT IN THE DOCUMENT, WHICH IS A LENGTHY DOCUMENT WITH MULTIPLE EXHIBITS. WHAT ARE THE PODS? THE THREE PARTIES TO THIS AGREEMENT HAD AN OBLIGATION TO FIND A WAY TO REARRANGE VACANT LAND, WHICH WAS THEN, OF COURSE, LAND, AND TO REARRANGE WATERFRONT PROPERTY, WHICH WAS EITHER PRIOR TO THAT TIME, WATERFRONT OR NON WATERFRONT TO BASICALLY CONFIGURED THE PROPERTY FOR ULTIMATE SALE TO BUILD THE HOMES.

THAT WAS THE OBJECTIVE.

THE CITY COMMISSION UNEQUIVOCALLY AND SIGNING OFF ON THE AGREEMENT SUPPORTED THE DEVELOPMENT, THE SUPPORT THAT THE DEVELOPER IS SUPPORTIVE.

WOULD WHITMONT COUNTRY CLUB BEING ABLE TO BUILD THEIR CLUBHOUSE AND AMENITIES, ET CETERA? IT WAS A GOING EFFORT TO GET THE JOB DONE.

TO THAT EXTENT, REASONABLE LAWYERS MAY, MAY, MAY AGREE OR DISAGREE DEPENDING UPON THE FACTS AND THE CIRCUMSTANCES.

EVERYBODY'S GOT THEIR INTERPRETATION, THEIR LEGAL OPINION, BUT THE FACTS ARE WHAT THEY ARE. AND WITH ALL DUE RESPECT TO MY COLLEAGUE, YOU KNOW, THAT'S WHY THERE ARE FOLKS IN THE COURTHOUSE THAT STILL WEAR BLACK ROBES BECAUSE THEY GET TO MAKE THOSE DECISIONS ABOUT WHAT'S RIGHT, WRONG OR INDIFFERENT.

AND I'M NOT GOING TO ARGUE THE PAROLE EVIDENCE RULE TO ANY ONE OF YOU ON THE DAY.

IS THIS ONE. I'M NOT GOING TO ARGUE THE LEGAL ASPECTS OF WHAT THE CONDITIONS OF CONTRACT LAW ARE. YOU'VE GOT IT.

BUT YOU'VE HAD A PROFESSIONAL STAFF THAT'S COME UP WITH SEVERAL DIFFERENT OPEN ITEMS. AND I SAY OPEN BECAUSE THEY'RE OPEN TO REVIEW.

THEY'RE BEING REVIEWED DILIGENTLY BY YOU COMMISSIONERS.

AND TO THE EXTENT THAT YOU HAVE A VIABLE OPTION, WHICH IS TO PROVIDE A CLEAR PERIOD WITH A CONCOMITANT OBLIGATION FOR THE PARTIES TO WORK WITH DUE DILIGENCE IN GOOD FAITH, TO COME UP WITH A RECOMMENDATION BACK TO THE COMMISSION TO FIND SOLUTIONS.

AND THAT IS IN THE DOCUMENT.

AND THAT'S PART OF THE SOLUTION PROCESS OR AS A THE MEDIATION PROCESS ARE THE BEST TO ANSWER YOUR QUESTIONS. I DO SUPPORT THE STAFF ANALYSIS.

AND TO THE EXTENT POSSIBLE, AS I JUST EXPLAINED TO YOU, THIS DOCUMENT WAS NOT A SINGLE FOCUS DOCUMENT PREPARED BY ONE PERSON WAS A JOINT EFFORT BY SEVERAL DIFFERENT PEOPLE, INCLUDING THE CITY COMMISSION.

THANK YOU, COMMISSIONER. IT'S A VALID QUESTION TO ASK AND I APPRECIATE YOUR ASKING.

BY THE WAY. THANK YOU. ALL RIGHT, YOU GO TO MR. GAGNON. YES.

ALL RIGHT, THANK YOU. SEEING THAT THERE NO OTHER COMMENTS, I'M GOING TO ASK FOR A MOTION FOR APPROVAL FOR 30 DAYS FOR THE CITY AND THE SUMMIT OR APPLICANT AT THIS POINT IN TIME WOULD WANT TO COME TOGETHER FOR AN AGREEMENT.

AND IF NONE CAN COME TOGETHER, THEN OUR LAST MEETING, OUR FIRST MEETING IN JULY, WHICH I GUESS WOULD BE 30, THE TIME FOR NOTICE PERIOD.

YES. WHAT WE'RE LOOKING AT THE CALENDAR, IF I MAY OFFER JUST A MODIFICATION TO YOUR THINKING, WHICH IS MOVING IN THE DIRECTION OF HAVING A 30 TO 30 PLUS MINUS DAY CARE PERIOD. I WOULD USE SUCH WORDS AS AUTHORIZED AND DIRECT TO AUTHORIZE AND DIRECT THE CITY ADMINISTRATION ALONG WITH THE OTHER PARTY, WHICH IS WHICH IS WOULD ONE COUNTRY CLUB AND POTENTIALLY PULL THE TUBE TO COMPLY WITH TO COMPLY WITH THE OBLIGATIONS IN PARAGRAPH TWENTY SIX IN A GOOD FAITH EFFORT TO FIND A WAY TO RESOLVE THE OPEN ISSUES THAT WERE OPEN TO THE COMMISSION THIS MORNING. SO THERE'S NOT JUST DIRECTION TO SIT DOWN, HAVE A CONVERSATION, BUT NO ONE IS AUTHORIZED.

NUMBER TWO, IT'S DIRECTED BY THE COMMISSION.

AND NUMBER THREE, IT HAS TO HAVE THE COMPONENTRY OF GOOD FAITH AND DUE DILIGENCE BECAUSE THE PEOPLE WANT TO COME TO THE TABLE TO TALK ABOUT THE WEATHER.

THAT AIN'T GOING TO HAPPEN. THAT'S NOT THE RIGHT ANSWER.

BUT I CAN TALK ABOUT THE MARLINS NOT PLAYING BASEBALL.

WE'RE TALKING ABOUT THIS DOCUMENT, THESE ISSUES ON THAT DAY.

AND IF THERE ARE SOLUTIONS AVAILABLE, I HAVE A SENSE THAT THE PEOPLE THAT ARE THAT ARE IN THIS GALLERY, WHICH I SEE ON MY SCREEN, AND THOSE THAT SIT IN CITY HALL ARE PRETTY INTELLIGENT, THOUGHTFUL PEOPLE.

AND WE'LL FIND A WAY TO WORK IT OUT IF BOTH PARTIES HAVE THAT MUTUAL INTENT TO DO SO.

I'LL TAKE YOUR FRIENDLY AMENDMENT AND DEFINITELY USE IT AND HAVE US DO A MOTION TO AUTHORIZE DIRECT CITY STAFF TO MEET WITH WHITMONT WITHIN THE NEXT 30 DAYS, COME UP WITH A PLAN WITHIN THE NEXT 30 DAYS AND THEREFORE ORDER JULY 8TH MEETING.

EITHER IT'LL BE A PRESENTATION FOR APPROVAL OR TO BE THE NEXT STEPS FOR FINDING DEFAULT OR WHATEVER THE CONTRACT PROVIDES LEGALLY, WHATEVER THE CONTRACT PROVIDES UNDER PARAGRAPH TWENTY SIX AND THE LIKE.

THANK YOU. THANK YOU.

CAN I BE RECOGNIZED FOR ONE MORE COMMENT ON SOMETHING THAT WAS A SLIGHT OVERSIGHT? PLEASE LET US FINISH GETTING THE MOTION IN THE SECOND ON THE TABLE.

WE'RE ACTUALLY WE ALREADY HAD A MOTION ON A SECOND.

SO ACTUALLY, IT'S A FRIENDLY AMENDMENT TO THE COURT FOR THE FIRST TIME, CORRECT? OH, FOR CLARITY.

THERE WAS A MOTION BY COMMISSIONER POLACCO AND IT WAS SECONDED BY COMMISSIONER FISCHMAN.

SO COMMISSIONER FLOCCO WOULD HAVE TO.

DO THE FRIENDLY AMENDMENT HERSELF OR DO WE DO A ROLL CALL ON MATABELE, IF I MAY HAVE

[03:00:04]

OFFERED UP SOME SUGGESTED LANGUAGE CONSISTENT WITH WITH OUR READING OF A CONTRACT.

IT DOES NOT IN ANY WAY, SHAPE OR FORM DAMAGE ANY PARTY TO THE DOCUMENT.

WHEN YOU SPEAK ABOUT AUTHORIZATION AND DIRECTION, IT BASICALLY GIVES A PATHWAY TO HAVING THAT CONVERSATION. AND IMPLIED WITHIN THAT DISCUSSION WAS THE ISSUE OF GOOD FAITH AND DUE DILIGENCE, WHICH I THINK IS ALSO PART OF THAT DISCUSSION.

I'M ASSUMING FOR DISCUSSION THAT COMMISSIONER PLACAS INTENT WAS TO COVER THOSE BASES ALONG WITH THE SECOND IT OF A FRESHMEN.

CORRECT. ALL RIGHT.

THANK YOU. SO BEFORE WE GO FOR A ROLL CALL, JUSTIN SCHMIDT, YOU RECOGNIZE ALL YOURS.

THANK YOU. AND AGAIN, I MEAN, AS AS THE STAFF ACKNOWLEDGED EARLIER, THEY HAVE NOT BEEN MAINTAINING THE LAKE.

WE'RE NOT HERE TO DEBATE THIS PART.

WE HAVE A MOTION A SECOND ON THE FLOOR TO MOVE FORWARD FOR A GOOD OPPORTUNITY TO CURE AND THEN GO FORWARD. SO I JUST WANT TO SAY, I JUST IF I MAY, I WOULD JUST LIKE MAYBE THE COMMISSION CAN DIRECT STAFF, SINCE THE CITY STILL OWNS THIS LAKE, THAT THEY MAINTAIN IT UNTIL SUCH TIME AS IT'S TRANSFERRED TO WOODLAWN.

IF I HEARD CORRECTLY, IF I HEARD CORRECTLY, SARS-COV-2 BREAKING UP.

SO IF YOU WEREN'T FINISHED, I DO APOLOGIZE.

IF I HEARD CORRECTLY, OUR CITY HAS RECENTLY DONE MAINTENANCE TO IT.

AND FOR THE REST OF THAT PART OF THE DISCUSSION, IT WOULD BE SOMETHING TO HAVE YOU DISCUSS WITH CITY STAFF THAT AMERICA IS TO QUICKLY RESPOND WHATEVER THE CONDITION OF THE LAKE IS. AS WE SPEAK THIS MORNING, ON MONDAY, THE TWENTY SEVENTH, WHATEVER IT LOOKS LIKE TODAY, IT'S PROBABLY GOING TO LOOK LIKE THAT WHEN WE SIT DOWN AND HAVE THOSE DISCUSSIONS AT THIS POINT, RECOGNIZING THAT THERE IS AN OPEN ISSUE WITH REGARD TO THE THE ESTHETICS OF THAT LAKE AND ITS CONDITION.

THAT'S A TOPIC OF CONVERSATION ONCE WE GET TO THE TABLE.

THANK YOU. CITY CLERK, WILL YOU PLEASE CALL THE ROLL? YES, MA'AM. VICE MAYOR BOLTON.

YES, COMMISSIONER GELLIN.

YES, MR. FISHMAN, YES, YES AND YES, YES, THE MAYOR PASSES THE MOTION PASSES UNANIMOUSLY, FIVE ZERO. THANK YOU VERY MUCH, MR. SMITH. GOOD TO SEE YOU. THANK YOU VERY MUCH.

THANK YOU. WE ARE NOW MOVING OVER TO 13.

A UNDER OTHER DISCUSSION AND SELECTION OF ARTIST FOR COLONY WAS SUSPENDED CEILING

[a. Discussion and Selection of Artist for Colony West Suspended Ceiling Sculpture The Director of Community Development is requesting the City Commission discuss and select an artist to design the Suspended Ceiling Sculpture for the Colony West Clubhouse project.]

SCULPTURE AND.

SO THE ATTORNEY IT'S JUST THE DIRECTOR OF COMMUNITY DEVELOPMENT WILL BE REQUESTING THE CITY COMMISSION TO DISCUSS AND SELECT AN ARTIST TO DESIGN THE SUSPENDED CEILING SCULPTURE FOR THE KANYE WEST CLUBHOUSE PROJECT.

AND AT THIS TIME, I'M GOING TO TURN IT OVER TO MAXINE CALLAWAY.

THANK YOU. THANK YOU, MADAM MAYOR.

AS YOU RECALL, WE.

OH, THERE YOU GO, GEORGE.

AS YOU RECALL, WE WERE BEFORE YOU ON THE SUSPENDED CEILING SCULPTURE.

WE BROUGHT YOU A FEW RECOMMENDATIONS WHICH YOU DID NOT AGREE WITH.

STOP. SO GEORGE AND BETH WENT BACK OUT AND THEY HAVE SOME ADDITIONAL RECOMMENDATIONS AT THIS TIME THAT I'D LIKE TO SHARE WITH YOU, WHICH IS IN LINE WITH SOME OF THE COMMENTS THAT YOU MADE AT THE LAST MEETING CONCERNING CONTEMPORARY SOMETHING THAT'S, WELL, DESIGN.

ALL OF THOSE THINGS WERE TAKEN INTO CONSIDERATION.

AND NOW WE HAVE THREE NEW ARTISTS THAT WE'D LIKE TO SHARE WITH YOU.

SO PLEASE BRING UP THAT PRESENTATION THEN.

BOTH BETH AND GEORGE ARE ALREADY ON AND THEY'LL WALK.

SO EVERYBODY, SPETH, RABBITS OF GATSON AND RABBITS, YOUR PUBLIC ARE CONSULTANTS.

SO THE PROJECT WAS RELATED, SUSPENDED CEILING SCULPTURE IN THE LOBBY OF THE COLONY WEST, WHICH IS A TWO STOREY LOBBY.

AND WE HAD ISSUED A CALL TO ARTIST IN DECEMBER TWENTY NINETEEN AND THE PUBLIC ART COMMITTEE HAD RECOMMENDED MICHELE, GODLOVE AND THE COMMISSIONERS REJECTED THE RECOMMENDATION. THE BUDGET WAS FIFTY THOUSAND DOLLARS.

AND GEORGE AND I WENT BACK OUT AND WE RESEARCHED AND WE USED OUR DATABASE OF ARTISTS THAT DID SUSPENDED CEILING SCULPTURES AND WE SELECTED THREE PROJECTS TO SHOW YOU THAT WE FELT WERE APPROPRIATE. NEXT SLIDE, PLEASE.

THE REQUIREMENTS FOR THE ARTWORK IS THAT IT SHOULD BE DURABLE AND REQUIRE MINIMAL ONGOING MAINTENANCE, WHICH WE TRY TO DO WITH ALL OF OUR PROJECTS, THE LIGHTING SCULPTURE SHOULD BE DESIGNED TO COMPLEMENT THE INTERIOR OF THE CLUBHOUSE.

THE ARTWORK WILL BE ATTACHED TO THE CEILING THAT IS SITUATED ON THE FIRST FLOOR IN THE ENTRY AREA. AND THE COMMISSION COMMISSIONERS HAD TOLD US THAT THE LAST MEETING THAT THEY WANTED A VERY CONTEMPORARY AND AN ELEGANT LOOK, AND THAT'S WHAT WE FEEL WE TRIED TO GIVE YOU. NEXT SLIDE, PLEASE.

[03:05:02]

THIS IS THE INTERIOR UNDER CONSTRUCTION, BUT YOU CAN GET A FEEL FOR THE DOUBLE HEIGHT CEILING AND THE FEEL FOR THE LOBBY, WHICH OPENS UP TO A WINDOW FACING THE LOBBY ENTRANCE.

NEXT SLIDE, PLEASE. CONTINUATION OF ANOTHER LOOK WHERE YOU CAN SEE ON THE SECOND FLOOR THIS SCULPTURE WILL BE VIEWED FROM THAT WAY AS WELL.

NEXT IMAGE, PLEASE.

THIS SCULPTURE IS BY AN ARTIST NAMED SETH EMERSON PARMETER AND GEORGE AND I HAVE WORKED BEFORE WITH HIM AND HE SUPERIMPOSED FROM THE ARCHITECT'S RENDERING WHAT IT WOULD LOOK LIKE FROM THE ENTRANCE.

NEXT SLIDE, PLEASE. THIS SCULPTURE IS COMPOSED OF GLASS, AND AGAIN, IF HE IS SELECTED AND YOU WOULD LIKE DIFFERENT COLORS BECAUSE WE DON'T HAVE THE FINAL INTERIOR COLORS OF THE LOBBY, THAT ALL CAN BE DONE.

BUT THE PURPLE THAT YOU'RE LOOKING AT AND THE RED ARE GLASS.

AND THEN THERE WAS A METAL SWIRL THAT GOES AROUND IT, WHICH I WILL SHOW YOU IN THE NEXT SLIDE, PLEASE. OK, DIFFERENT VIEWS INSIDE THE LOBBY INTERIOR.

NEXT SLIDE, CHRIS.

NEXT SLIDE, PLEASE.

OK, THIS IS ON THE LEFT HAND SIDE IS WHAT THE ARMATURE WOULD LOOK LIKE, WHAT THIS IS ON, MEANING WHAT THE GLASS GETS ATTACHED TO A STEEL STAINLESS STEEL ARMATURE.

AND ON THE RIGHT, IT SHOWS YOU A CLOSE UP OF THIS ARMATURE, WHICH HAS LED LIGHTS DROPPED IN TO IT.

AND IT'S CALLED A CLICK LED LIGHTING SYSTEM.

AND THEY USE THAT IN THE LAST SCULPTURE, SUSPENDED CEILING SCULPTURE THAT THEY DID FOR GIORGIANNI AT LAUDERHILL PERFORMING ARTS CENTER THAT WAS RECENTLY INSTALLED MAYBE TWO OR THREE MONTHS AGO. NEXT SLIDE, PLEASE.

THEY ALSO WANT TO ADD, AND IT WAS HARD TO SHOW IN A RENDERING, SOME SAWATSKY CRYSTALS, BUT YOU CAN SEE WHAT THE SWERSKY CRYSTALS, THE LSD POD LIGHTS SHINE DOWN AND REFLECT THE CRYSTALS OR ARE REFLECTED WITH THAT WITH WITH THE GLASS.

NEXT SLIDE, PLEASE. OK, GO BACK, PLEASE.

GEORGE, GO ON. AND AS YOU FOLLOWED BY THE LAST PRESENTATION IN THE NEXT FIVE MINUTES, WE WE ALSO WANTED TO COME BEFORE YOU AND JUST KIND OF SHOW YOU OUT OF THE BOX CONCEPT NEXT TIME, PLEASE. THIS GIVES YOU AN ADDITIONAL VIEW IN TERMS OF A POTENTIAL OPTION, THE ARTIST, WE ARE NOT SURE WHO THAT ARTIST IS, THAT STILL REMAINS TO BE MADE.

NEXT SLIDE, PLEASE. DO WE HAVE ANY COMMENTS ON THAT LAST ONE? ACTUALLY, IF I THINK IT'D BE BEST IF YOU GO THROUGH THEM BECAUSE I'M YOU OK? THIS IS LIKE LONDON AND YOU'RE BACK THEN.

OR DO YOU WANT TO ADDRESS THE LAST TWO SLIDE JUST BEFORE WE MOVE ON? SO THE COMMISSION KNOW THAT WE WERE JUST TRYING TO BRING SOME LEVITY.

AND BECAUSE I SAW THE LOOK ON THE FACE.

YEAH, THAT WAS MY THAT I DON'T PLAY POKER VERY WELL.

SO, YOU KNOW, WE REALIZED THAT WE ACTUALLY HAD A GOOD AMOUNT OF DISCUSSION WITH MS., MAXINE, AND WE WERE GOING TO SHOW YOU THIS THE PREVIOUS SLIDE.

BUT MR. LEVANTE GO BACK ONE.

GO BACK ONE OR TWO.

OH, GO BACK. YEAH, OK.

YES, THERE WE ARE THERE OR EVEN THE ONE BEFORE THAT.

JUST, YOU KNOW, AGAIN, AS MAXINE SAID, TO BRING SOME LEVITY TO THE DISCUSSION OF, YOU KNOW, INDEED, IT WAS STRICTLY JUST TO KIND OF LOOSEN UP THE TENSENESS, ET CETERA.

AND THIS PARTICULAR ARTIST, WE ACTUALLY, THOUGH, DEFINITELY DON'T RECOMMEND THEM, EVEN THOUGH IT'S OUT OF THE BOX THINKING MAINTENACE WOULD BE AN ISSUE.

AND AS LONG, YOU KNOW, IT JUST GETS A LITTLE DISCLAIMER THE HORSE WAS NOT HURT IN THE MAKING OF THIS. RIGHT.

AND TO THOSE ANIMAL ACTIVISTS, THIS IN NO WAY WAS AN INTENT TO SHOW ANY KIND OF ABUSE OF ANY ANIMAL OR ANY HORSE OR ANYTHING OF THAT NATURE.

SO, AGAIN, THAT WAS JUST TO BRING SOME LAUGHTER TO TO THE PRESENTATION.

OK, OK, I'LL HAVE LITTLE LONDON.

THIS ARTIST IS OUT OF SEATTLE AND HE ALSO WORKS IN GLASS AND HE HAS A PORTFOLIO OF

[03:10:03]

SEVERAL SUSPENDED CEILING SCULPTURES AND THIS IS ONE OF THEM.

AND HE ALSO PLACED IT IN THE RENDERING.

NEXT SLIDE, PLEASE. AND THIS SHOWS YOU HOW IT IS SUSPENDED FROM THE CEILING, FROM CABLES, AND IT'S MADE OF GLASS AND ALSO A STEEL TUBULAR ARMATURE.

OK, NOW GEORGE GOT IN THE NEXT SLIDE, YOU'LL SEE, WOULD BE ACTUALLY RENDERINGS BY VARIOUS ARTISTS THAT WORK SPECIFICALLY IN GLASS OR DESIGNERS.

SO IF YOU COULD NEXT SLIDE, PLEASE.

THIS GIVES YOU A SENSE, THOUGH, OF THE DIFFERENT TYPES OF SELLING ITEMS, SELLING SCULPTURES THAT HAS BEEN DONE BY VARIOUS DESIGN ARTISTS, AND WE'LL GET MORE SPECIFIC AS WE MOVE FORWARD. BUT THERE, YOU KNOW, THEY WORK ALL OVER THE WORLD.

AND BETH AND I HAVE ACTUALLY CONNECTED WITH THEM BEFORE AND THEY DO PHENOMENAL WORK TO BUY AND OTHER LARGE PROJECTS.

AND WE BELIEVE THAT THIS PARTICULAR ARTISTS, THE DESIGNERS, ACTUALLY WILL COME TO THE TABLE AND BRING TO YOU WHAT YOU HAD REQUESTED IN TERMS OF SCULPTURAL ELEMENTS.

THAT GIVES YOU THAT FEEL OF THE I REMEMBER FOR THE RITZ CARLTON, WE WILL WORK DIRECTLY WITH THE ARTIST ONCE YOU HAVE DECIDED AND CHOSEN WHICH PARTICULAR ARTIST WILL COMMENCE ON NEXT WEEK'S. CAN YOU RESTATE YOUR LAST SENTENCE, I HAD A LITTLE TROUBLE HEARING YOU.

OK. ARTISTS HAVE PROVIDED US WITH OPTIONS OF WHAT? JUST TO GIVE YOU A SENSE OF PRICING THAT FALLS WITHIN THE FIFTY THOUSAND DOLLAR RANGE ON THIS SITE. NEXT SLIDE, PLEASE.

AGAIN, THIS IS A LARGE PIECE HERE AND GIVES YOU DIAMETERS.

AND BY THE WAY, ALL THE WORK THAT YOU SEE HERE IS STRICTLY DONE IN GLASS, SHOULD BE DONE IN GLASS. THESE ARE THESE ARE GLASS.

I PLEASE. THIS IS A DIFFERENT VIEW, SHOWS YOU THE CONTEXT IN WHICH THE FEELINGS OF THE THAT WOULD ACTUALLY LOOK IN A LOBBY OR IN A LARGE ENVIRONMENT.

NEXT SLIDE, PLEASE. NEXT SLIDE, PLEASE.

IT'S LIKE. NEXT SLIDE, PLEASE.

OK, THIS PARTICULAR ARTIST WORKS WITH LARGE DROPLETS OF GLASS.

I'LL GIVE YOU THE DIMENSIONS, 59 AND A HALF INCHES BY ONE HUNDRED AND SEVEN INCHES HIGH.

SO IT GIVES YOU A SENSE OF SCALE.

HE'S. OK, DIFFERENT COLORED GLASS LOOKS LIKE.

AGAIN, THE CONTEXT IN WHICH THIS COULD BE DONE, IF YOU NOTICE, THIS DESIGN IS MORE OF A TEARDROP DESIGN, BUT AS I MENTIONED EARLIER THAN I WOULD WORK WITH THE ARTIST, WHOEVER IT IS THAT YOU ULTIMATELY SELECT AND GIVING US THE WORK AND THE DESIGN THAT WE SPECIFICALLY WANT. BUT AS YOU CAN SEE HERE, THIS PARTICULAR ARTIST USING A COMBINATION OF DIFFERENT COLOR GLASS. AND THEN, OF COURSE, CREATING THAT FORM ALMOST LIKE A TERRIBLE EXCITEMENT'S.

OK, THE CRYSTAL ROCKS 50 PIECES OF CRYSTAL ROCK EACH IN SIZE BELOW AND GIVES YOU THE DIMENSIONS, 14 BY THREE AND A QUARTER INCH PIPE.

NEXT SLIDE, PLEASE. AGAIN, DIFFERENT COLORS THAT CAN BE DONE WITH THE GLASS LIKE.

ALSO, DETAILS OF THE GLASS THAT USE THINGS LIKE.

THIS IS ANOTHER IN TERMS OF VOLUME, THE NUMBER OF PIECES THAT CAN KILL MORE SPACE, I.

AND THE COLORS HERE LOOKS LIKE.

NEXT SLIDE, PLEASE. THIS IS NEVER ENDING GLORY BY AND HENRY AND I WON'T EVEN TRY TO PRONOUNCE YOUR LAST NAMES.

I PLEASE WE'VE JUST GIVEN YOU A SENSE OF WHAT THE CAPABILITIES ARE AND AS IT RELATES TO THE CLASS WORK. NEXT SLIDE, PLEASE.

THANK YOU. ALL RIGHT. FOR THE SECOND TIME, WE'RE YOU KNOW, WE'RE GOING THROUGH THESE RATHER QUICKLY. NEXT SLIDE, PLEASE.

AND HERE'S A LARGER SPACE WITH MULTIPLE PIECES OF GLASS THAT'S DESIGNED TO FILL THE SPACE.

[03:15:06]

IT'S LIKE, PLEASE, IT NEXT SLIDE.

THIS IS MORE OF A CHANDELIER, WHICH WE AREN'T LOOKING FOR, BUT AGAIN, REPRESENTING THE DIFFERENT AND VARIETY TYPES OF WORK THAT'S DONE.

NEXT SLIDE, PLEASE. NEXT SLIDE.

OK, NOW THE ARTISTS, THEY PROVIDED US WITH OPTIONS IN ONE HUNDRED THOUSAND DOLLAR RANGE AND WE'D LIKE TO AT THIS TIME COME BEFORE THE COMMISSION TO REQUEST THE BUDGET, AS BETH HAD MENTIONED IN THE EARLIER PRESENTATION WITH THE FIFTY THOUSAND DOLLARS.

BUT THESE PARTICULAR PIECES HERE THAT YOU SEE OR IN THE HUNDRED THOUSAND DOLLAR RANGE.

SO THE REQUEST IS THAT THE COMMISSION PROVIDES AN INCREASE IN THE BUDGET FOR ONE HUNDRED THOUSAND DOLLARS SO THAT WE CAN CUSTOM HAVE CUSTOM DESIGN, THE APPROPRIATE CHANDELIER LIGHTING SCULPTURE, A CEILING SCULPTURE THAT THE COMMISSION WISHES TO HAVE.

NEXT SLIDE, PLEASE. NEXT, WHY? AND THAT'S WHY POLICE.

NIKOLAI. PERFECT, THE NEXT TO THAT, WE'RE GOING TO SHOW YOU ARE TWO FOR CONSIDERATION THAT WE FEEL WOULD FIT THE BILL, IF YOU WILL, IN TERMS OF BEING ABLE TO REALLY FILL THE SPACE AND GIVE THE WOW FACTOR THAT THAT THAT WE WE HAD TALKED ABOUT THIS PARTICULAR PIECE HERE, THIS CUSTOM HANGING GLASS PIECES.

IT DOES NOT INCLUDE THE LIGHTING WILL WORK WITH THE ARTISTS IN REGARDS TO THAT.

BUT I JUST WANT TO READ YOU A DESCRIPTION OF THAT PARTICULAR PIECE.

IT'S BY I CAN'T PRONOUNCE THE PERSON'S NAME JOHN.

ARE YOU BECAUSE OF YOUR NAME? BUT THIS CREATED THE CONCEPT FROM HAND.

MY WRITING IS TERRIBLE HERE.

HERE WE ARE, HAND BLOWN GLASS.

ALL HANDS SHAPE CRYSTAL GLASS PIECES INTO AMBER AND DIFFERENT THEIR COLORS.

THE THOUGHT THROUGHOUT THIS IN BUILDING THIS, ACCORDING TO THE ARTIST, IS TO SYMBOLIZE THE DIFFERENT CULTURES THAT EXIST IN FLORIDA.

NOW, AS I MENTIONED TO YOU, THIS PARTICULAR ARTIST, THEY'VE DONE WORK THROUGHOUT THE WORLD. AND THIS IS ONE INSTALLATION, YOU KNOW, IN ANOTHER LOCATION.

THE DIFFERENT STRIPES OF THE GLASS BEING ON TITLE TO GET UNITED TOGETHER ACTUALLY BRINGS ABOUT THE WHOLE CONCEPT OF COHESION IN FLORIDA.

NOW, JUST MENTIONING READING THIS TO YOU BRINGS TO MIND THE CONCEPT, IF INDEED THIS IS ONE PIECE THAT THE COMMISSION HAS MADE MAY DESIRE TO MOVE FORWARD WITH BETH.

AND I WORK WITH THE ARTISTS KNOWING THAT THEY WORK IN DIFFERENT COLORED GLASSES.

AND AS THEY ALLUDED TO, THE DIVERSITY, IF YOU WILL, FROM FLORIDA.

AS WE KNOW, THE CITY OF TAMARACK HAS DONE A MAJOR TRANSFORMATION.

AND WE ARE A CITY THAT HAS THAT DIVERSITY.

WE ARE A CITY THAT HAS THAT MULTICULTURALISM.

SO THERE IS A POSSIBILITY HERE THAT THIS CAN BE COMMUNICATED IN A VERY SUBTLE, ARTISTIC WAY AND IN THE DESIGN LOOKS LIKE.

THE CLOSER.

NEXT SLIDE, PLEASE. OK, AND THEN THE FINAL ONE OF THE CUSTOM HANGING CRYSTAL MESH WILL OUR PIECES AGAIN, THIS DOES NOT INCLUDE LIGHTING, WHICH WE WILL WORK WITH THE ARTIST ON.

AND THIS PARTICULAR PIECE IS BY TANYA THE FOXX, WHO CREATED THIS LIGHTNING SCULPTURE USING HER ORIGINAL TWITTER TECHNIQUE OF CONNECTING GLASS BEADS INTO FABRIC LIKE TEXTURE.

IN THIS CASE, FINE CRYSTAL CUT BEADS ARE INTERTWINED INTO A MESH THAT FORMS PLIABLE SHEETS, REFLECTING LIGHT AND A RAINBOW IN THE RAINBOW COLORS.

THE CRYSTAL STRUCTURE NAMED CRYSTAL TWILL FLOWERS IS INSPIRED BY ROSE PETALS.

NEXT SLIDE, PLEASE. PEOPLE SEE THE LIGHTING HERE THAT WILL ILLUMINATE THE CRYSTAL. NEXT SLIDE, PLEASE.

NEXT SLIDE, PLEASE. OK, WE THANK YOU FOR YOUR TIME, WE'RE OPEN FOR QUESTIONS, COMMENTS, PLEASE. I'M SORRY.

OH, OK, WELL, WE TRADITIONALLY DON'T HAVE A SKY COMMISSION WHEN IT COMES TO ARTWORK.

I HAVE NOBODY RAISING THEIR HANDS UP, COMMISSIONER.

[03:20:02]

I HAVE A COUPLE OF QUESTIONS.

FIRST OF ALL, WHEN WE GO BACK TO AND YOU GO BACK TO THE EARLY PART OF THE YEAR, WE HAD SOMETHING CALLED LASLETT ELLIOTT ISD.

YES, I SEE THAT PARTICULAR ARTIST.

AND THESE ARE THE PIECES SEEING OR WAS THIS LARGE.

THAT MEANS SOMETHING IN A FOREIGN LANGUAGE THAT I DON'T KNOW WHAT IT MEANS THAT THE DESIGNERS WILL ADDRESS IS THE MIDDLE MAN, IF YOU WILL, THAT WORKS WITH THE ARTISTS WHOSE NAMES I MENTIONED IN ORDER TO FABRICATE AND TO HELP THE ARTIST GIVE THEM THE DESIGNS FOR THEM TO ULTIMATELY CREATE.

OK, AND AM I CORRECT? AND HE IS THE MIDDLE MAN FOR THE CRYSTAL MS. PIECE THAT WE SAW AT THE END OF THE ARTIST, THE ARTIST DESIGN AS WELL.

WE HAVE CERTAIN DESIGNS.

WE ACTUALLY TAKE OUR OUR CONCEPTS, IF YOU WILL, TO FABRICATE IS TO BRING THE DESIGN TO FRUITION. OK, NOW YOU TALKED ABOUT SOME OF THE THINGS BEING AT ONE HUNDRED THOUSAND DOLLARS. YES, BUT FROM THE ART COMMITTEE WAS FIFTY THOUSAND.

AM I CORRECT? YES, THAT IS CORRECT.

OK, SO WHERE IS THE OTHER FIFTY THOUSAND DOLLARS COMING FROM? AND THAT'S WHY WE ARE COMING FROM YOU.

THANK YOU, GEORGE. I'M NOT UNDERSTANDING YOU.

SORRY, CAN I JUST.

GEORGE, LET ME JUST JUMP IN HERE.

SO COMMISSIONER, FOR THIS MEETING, WE'RE JUST LOOKING FOR YOUR RECOMMENDATION.

SO SHOULD YOU RECOMMEND WORKING WITH LASLETT ON ONE OF THE EXPENSIVE PIECES, WHICH IS A ONE HUNDRED THOUSAND DOLLARS PIECE, THEN WE WOULD HAVE TO FORMALLY COME BACK TO YOU WITH A CONTRACT OVER THE FUNDS WOULD COME FROM THE PUBLIC ART ACCOUNT.

SO THE ENTIRE ENTIRE AMOUNT WOULD COME FROM THE CARD ACCOUNT.

BUT THEN WE WOULD GO BACK, NEGOTIATE WITH LASLETT AND THEN BRING TO YOU FORMALLY.

OK, I UNDERSTAND.

OK. ALL RIGHT.

YOU. I'M GOING TO GET YOU THERE.

ALL RIGHT. THANK YOU, MR..

AT THE VERY FIRST ONE NIGHT, YOU SHOWED US WITH THE.

PURPLE GLASS AND THE LED LIGHTING, CAN YOU BRING THAT BACK UP? ONE KILOMETER, I BELIEVE THAT THE ONE COMMISSIONER SAID, YES, MA'AM, COULD YOU RELOAD THE PRESENTATION, PLEASE, AND GO TO THE BEGINNING, THE FIRST ARTIST OR THE COMMISSIONER? YES. THIS ONE IS WITHIN OUR 50 OUR CURRENT 50 THOUSAND DOLLAR BUDGET.

YES. OK.

OUT OF EVERYTHING THAT YOU SHOWED US JUST NOW, THIS IS THE ONE THAT CAUGHT MY ATTENTION AND I.

I DON'T. NOW, IN THE CURRENT.

MARKET, SO TO SPEAK, I DON'T SEE US COMING BACK AND APPROVING AN ADDITIONAL FIFTY THOUSAND DOLLARS FOR ART AND A BUILDING.

IN A CITY OWNED BUILDING, I DON'T SEE THAT HAPPENING.

SOMETHING LIKE THIS PIECE TO ME WOULD BE APPROPRIATE.

OK, IT'S MY COMMENTS.

THANK YOU, COMMISSIONER.

I DID IT AGAIN, NOT SAYING ANYTHING FROM THE GENTLEMEN AT THIS TIME, MY COMMENTS.

I'M NOT SO CERTAIN ABOUT THE FIFTY TO ONE HUNDRED THOUSAND AT THIS POINT, IT'S SO SORRY, ACTUALLY WE ARE DOING PUBLIC COMMENTS DURING OTHER AT THIS TIME, I GUESS.

SO I'LL DEFER THAT.

YOU WOULD SEE DICK CLARK, IF YOU WOULD.

IS THIS AN EMAIL OR FACEBOOK COMMENT OR IS IT SOMEBODY ON THE PHONE? I KNOW THESE ARE THESE CAME IN FROM FACEBOOK AND BECAUSE WE HAVE SEVERAL OF THEM, I'M JUST GOING TO GO AHEAD AND READ THEM WITH YOUR APPROVAL.

SOUNDS GOOD. OK, SO THIS HAS TO COME IN THE MAIL BEFORE WE READ THE CONTRACT.

[03:25:08]

CAN WE HAVE SOME ISRAELIS TO STOP SHOOTING SPREE? OK, WHERE IS THAT LAVON LEVANTE? I DON'T HAVE OUT OF THE GENERAL MEETING WITH YOU, BUT YOU'RE ALL SET.

OK, WHAT SHOULD I DO.

I DON'T IT OR DISLIKE.

OK. OH, OK.

GOOD. IT'S THAT GOOD.

NOW. THAT'S MS., ROBERT, CAN YOU STOP SHARING YOUR SCREEN, IT'S LIKE, DID IT SQUARE IN THE MIDDLE OF THE SCREEN WITH AN X? JUST CLICK ON THAT. I TEXTED AND SAID, STOP, SHARINA.

NOW IT'S A SHAM.

AND THERE YOU GO.

JUST LEAVE IT AS LEAVE IT AS A THANK YOU.

GENTLEMEN, PLEASE CONTINUE. THANK YOU, MADAM MAYOR.

I HAVE TWO FROM JOSE ESPINA REALLY ASK THE HORSE AND DO WE REALLY NEED TO PAY FOR SWAROVSKI CRYSTAL IN A SCULPTURE ON THE CEILING? SHOULDN'T WE BE MORE FRUGAL? AND FINALLY, OUR THIRD COMMENT IS FROM CATHY BIVINS.

OH, MY KINGS POINT RESIDENT HERE IS THIS FROM TAXPAYERS MONEY OR PAID FOR BY DEVELOPERS? THANK YOU. THANK YOU.

I THINK MAXINE ADDRESSED THE COMMENT ON CAPITAL FOR THIS.

BUT IF YOU WOULD, MAXINE, I'D LIKE YOU TO REITERATE IT ONE MORE TIME, PLEASE, WHERE THE MONEY COMES FROM, PUBLIC ART, IT DOES COME FROM DEVELOPERS.

MADAM MAYOR, YOUR ORDINANCE REQUIRES ONE PERCENT FOR NEW CONSTRUCTION TO BE PAID IN A PUBLIC ART FUND, WHICH IS WHAT WE TYPICALLY USE TO INSTALL PUBLIC ART THROUGHOUT THE CITY. AND THIS MONEY IN THE PUBLIC ART FUND CANNOT BE USED FOR ANYTHING OTHER THAN PUBLIC ART. IS THAT CORRECT? THAT IS CORRECT.

OK, THANK YOU VERY MUCH.

AND ALSO, I GUESS, ALONG THE LINES OF BUDGETING FOR THIS, THIS IS SOMETHING THAT HAS BEEN IN THE PLANS FOR A LONG TIME.

IS THAT CORRECT? THAT IS CORRECT, MADAM.

OK, UM, I THINK WE HAVE THE SCREEN AGAIN.

YES, MADAM MAYOR OF I THINK WE NEED TO MOVE OR REMOVE MR ABBOTT FROM THE MEETING, BUT YES, I'LL GO ON.

I JUST CLICKED IT AGAIN.

LAVARCH IS IT GOOD.

NOW THIS IS MS. ABBOTT. IF YOU CAN STOP CLICKING ON ANYTHING ON THE SCREEN, YOU'LL BE ALL SET.

OK, SO I'M GOOD.

NOW, WHY AM I NOT SEEING THE PRESENTATION? BECAUSE IT'S NOT UP AT THIS TIME.

OK, THAT'S A GOOD REASON.

AND WE'LL GET IT BACK UP IF NEED BE DURING DURING THIS PROCESS.

OK, THANK YOU.

SO. AS I WAS SAYING, I THINK THE FINANCIAL PART OF THIS IS SOMETHING FOR CONSIDERATION AFTER WE FIGURE OUT WHERE WE'RE GOING WITH WHICH ONE WE ARE GOING TO APPROVE, BECAUSE THERE MAY BE SOME HERE THAT WE LIKE WITHIN THE BUDGET.

I WAS LOOKING AT SOME OF THE STUFF IN THE LAST BIT.

I GUESS THIS IS THE PERSON WHO DOES THE DESIGN AND THEN GIVES IT TO OTHER PEOPLE TO CREATE. IF I WAS UNDERSTANDING THAT, WELL, IF THE COMPANY IT'S A COMPANY THAT IT'S OWNED, IT'S A COMPANY CALLED LAST, THAT THAT'S THE COMPANY.

AND THEN THEY GO OUT AND FIND ARTISTS TO WORK WITH THEM.

SO WHAT THEY'RE SHOWING US IS WHAT THEY HAVE AVAILABLE.

BUT IF IF WE LIKE SOMETHING BUT WE WANT IT CHANGED, WE CAN CHANGE IT.

IF WE GIVE THEM A BUDGET, THEY CAN WORK WITHIN OUR BUDGET FOR SOMETHING THAT WE LIKE.

BUT THE COMPANY WORKS WITH DIFFERENT ARTISTS.

IT'S AS IF GEORGE AND I, WE HAVE A DEBT DATABASE OF ARTISTS THAT WE WORK WITH.

WHEN YOU LIKE SOMETHING, WE GO TO LIKE WE WENT TO ARTISTS THAT DO A SUSPENDED CEILING SCULPTURES AND WE WENT AND TOLD THEM THAT THE BUDGET WAS FIFTY THOUSAND AND THAT'S WHAT THEY GAVE US LAST.

THAT IS A VERY LARGE COMPANY AND THEY WORK WITH A LOT OF ARTISTS.

AND WHEN WE LOOKED AT THEIR WORK, WE SELECTED THINGS WHERE THEY CAME BACK TO US AND SAID, OH, THAT ONE'S A HUNDRED THOUSAND.

SO, YOU KNOW, IT'S UNTIL YOU GIVE US DIRECTION FOR IF IT'S LAST MINUTE THAT YOU DO WANT TO GO WITH IT, WE WOULD HAVE TO DISCUSS THE BUDGET AND WHAT YOU LIKE, BECAUSE LASSARD IS

[03:30:06]

MORE OR LESS THE MIDDLE PERSON FOR SOME OF THIS.

YES, YES. YES.

SO BASICALLY, LET'S GET DOWN TO WHAT WE LIKE BEFORE WE CAN GO.

I DON'T KNOW WHERE IN THE SCREEN IT'S I GUESS ACTUALLY IT'S JAN.

HELP DROPLETS DROPLET IS KIND OF IN THE MIDDLE OF THE PRESENTATION.

I THINK IT WAS CLEAR GLASS IN.

PARDON ME ONE MORE TIME, PLEASE.

THEY PULL IT UP FOR US, PLEASE, THE VAN.

ARE YOU ABLE TO PUT THAT ON THE SCREEN FOR US, PLEASE? AND CAN YOU ADVANCE TO LASLETT SLIDES? YEAH, YEAH. I'M IN THE MIDDLE.

SO ACTUALLY, IF YOU WANT TO GO BACK ON.

I THINK THE ONE ON THE RIGHT HAS THE DRAMA, HAS DRAMA AND ELEGANCE, IF CONTINUE ON, I CAN'T REALLY. TELL ABOUT THE ONE IN THE MIDDLE, BUT I ALSO LIKE THE ONE ON THE BOTTOM LEFT, THE NEXT ONE.

ALL RIGHT. ABOUT THE SO AFTER YOU'RE DONE, YOU GO A COUPLE MORE AFTER THE OVAL ONES. YEAH, AFTER HIM.

KEEP GOING. ALL RIGHT, THAT ONE.

SO ON THE LEFT, I OUT OF ALL OF THEM, I'M SEEING FOUR RIGHT NOW WITHOUT MORE, I HAPPEN TO LIKE THE LEFT ONE.

WHERE WE CAN THEN HAVE HAVE THE LIGHT BULBS BE CHANGED FOR COLOR TO ADD THE COLOR SHINE, THAT MIGHT BE FITTING WITH AN EVENING, MAYBE IT'S SOMEBODY WHO CAN SIT THERE AND SHE WANTS PINK. MAYBE YOU CAN PUT PINK LIGHT BULBS IN THERE.

I DON'T KNOW. I JUST I THINK THAT WOULD ADD SOME VERSATILITY TO SOME ELEGANCE.

BUT I LIKE MAYBE A LITTLE BIT MORE FLUSH WITH THAT, A LITTLE BIT MORE SOMETHING ALONG THAT CONCEPT FOR THAT GRAND STAIRCASE AND COMING DOWN, I, I LIKE.

THAT'S KIND OF MY TWO CENTS FOR THIS RIGHT NOW.

AND WHAT WE'VE SEEN. AND AGAIN, WE WILL WORK WITH THE ARTIST, WHICHEVER ONE YOU CHOOSE, TO GIVE US WHAT WE WANT WITH THE SPACE REQUIREMENTS AND WAIT AND EVERYTHING ELSE THAT COMES WITH THAT AS WELL AS LIGHTING.

AND THIS ONE'S IN THE THOUSAND DOLLAR BUDGET FOR RIGHT NOW, RIGHT? YES, MA'AM. THAT IS CORRECT.

THE OTHER I'M IN THE COMMISSIONER'S.

AT THIS POINT, I'M NOT SEEING ANY AND IT IS THIS IS A CONVERSATION I KNOW YOU WOULD LIKE SOME DIRECTION. I DON'T SEE A CONSENSUS HERE FOR THE ABILITY TO GIVE YOU DIRECTION RIGHT NOW. SO AT THIS TIME, I THINK IT'S SOMETHING THAT YOU WILL NEED TO DISCUSS WITH THE.

PUBLIC ART COMMITTEE.

A AT THIS TIME, AS TIME IS A FACTOR IN THIS, THEY'RE IN THE PROCESS OF BUILDING OUT THE INTERIOR, OR MAYBE I'M NOT USING THE RIGHT WORD, BUT THERE IS SOME WORK HAPPENING IN THE INTERIOR OF THE CLUBHOUSE, WHICH MEANS THAT WE HAVE TO MOVE QUICKLY IN SELECTING AN ARTIST TO ALLOW FOR THE CONTRACT PERIOD AND FABRICATION OF THE WORK AND ULTIMATE INSTALLATION. SO IN ADDITION, IF I MAY, THERE ARE SOME HARDWARE REQUIREMENTS FOR THE CEILING THAT NEEDS TO BE PART OF THE CONSTRUCTION SO AS TO BE ABLE TO SUPPORT THE FINAL PIECE AND HOPEFULLY BE PUT IN PLACE.

SO I KNOW WE WERE RECOMMENDING THE CRYSTAL MESH, WHICH IS AT THE VERY END.

WE THINK IT'S DRAMATIC, IT'S ELEGANT, IT HAS THAT WOW FACTOR.

IT'S IN THE ONE HUNDRED THOUSAND DOLLAR BUDGET.

BUT WE BELIEVE ESPACE CALLS FOR IT AS SOMETHING THAT SHOULD BE CONSIDERED.

PERHAPS IF WE CAN SEE IF THERE'S A CONSENSUS ON THAT PIECE, THAT MIGHT BE HELPFUL.

AT. I'M NOT SAYING ANYBODY HAS DESIRE TO SPEAK ABOUT THAT PIECE, SO QUITE HONESTLY, THAT JUST FEELS LIKE THAT'S MORE OF A REQUEST TO HAVE US DO SOMETHING THAT WE'RE NOT REALLY UP

[03:35:05]

FOR. I'M SORRY, BUT I WOULD LIKE TO SEE POCA.

I DO LIKE THAT PIECE.

I LIKE, YEAH, THE THE CRYSTAL MESH.

I DON'T KNOW. ONE HUNDRED THOUSAND DOLLARS WORTH OF LIKING IT VERY HONESTLY.

BUT I THINK IT'S VERY DRAMATIC.

I THINK IT'S CONTEMPORARY.

AND I ALSO THINK THAT IT WILL DEFINITELY SHOW UP RATHER THAN A LOT OF CRYSTALS HANGING DOWN ON WHATEVER IT IS DOWN ON MS. OR SOMETHING. WIRE, I GUESS.

SORRY, THAT'S MY THING.

OK, THANK YOU VERY MUCH.

AND I'M GOING TO BEFORE I GO TO MR. GAGNON, I'M JUST GOING TO ASK FOR CLARIFICATION.

THE CRYSTAL MESHED WELL IS THE VERY LAST ITEM, NOT THE SECOND TO LAST ITEM THAT WAS SHOWN TO US. THAT IS CORRECT.

AND LEVANTE JUST FOR EVERYONE'S BENEFIT.

COULD YOU JUST GO TO THAT ITEM, PLEASE? COULD YOU JUST GO BACK IN THE PRESENTATION FOR THE CRYSTAL CRYSTAL GNASHED? AND AS I SAID BY GEORGE BEFORE, I THINK AND BETH AS WELL, THERE IS AN OPPORTUNITY TO GO BACK TO THE LIESBETH AND SAY, LISTEN, WE LIKE THIS IS HOW CAN WE WORK WITH A REDUCED BUDGET? I MEAN, NOT FIFTY THOUSAND DOLLARS, BUT I DON'T KNOW THE SCALE.

IF YOU SEE THAT PIECE, THIS IS RATHER DRAMATIC AND IS SHOWING IN A LARGER SCALE.

SO I DON'T KNOW, THERE'S AN OPPORTUNITY FOR DISCUSSION.

SO I HAVE TO LOOK TO SCALE IT DOWN A BIT TO MATCH OUR SPACE.

BUT I THINK THAT THAT PROVIDES THE WOW FACTOR.

I'LL KEEP GOING. THE EVENT IS THE SECOND TO LAST FOR THE LAST THREE SLIDES.

I THINK YOU'RE GOING THE WRONG WAY.

NO, NO, HE'S ADVANCING TOWARDS THE END, IT'S JUST HE'S GOT THERE DEFINITELY IS THE OPPORTUNITY TO HAVE A LESSER BUDGET, MAXINE.

YES, THAT'S THAT'S A THAT'S A DEFINITE POSSIBILITY.

BUT, YOU KNOW, I THAT AT THIS TIME, AS IT'S GOING FORWARD, MAXINE, ARE YOU COMPLETE? I AM, THANK YOU SO THEN GOT IT, COMMISSIONER GEHLEN, I SEE YOU WROTE IN HERE.

WOULD YOU LIKE TO MAKE A COMMENT? YOU KNOW, I JUST SUPPORT THE RECOMMENDATION OF THE CONSULTANTS, YOU'RE FOR THAT ADDITIONAL HUNDRED THOUSAND CUSTOM HANGING TO A MESH, RIGHT? THE ONE THAT WE'RE ABOUT TO CORRECT BECAUSE THE FUNDING DOES NOT COME FROM TAXPAYER DOLLARS THAT COMES FROM THE DEVELOPERS.

SO I UNDERSTAND THE LANGUAGE.

DON'T GO IN.

IT'S TOWARDS THE END.

IT'S THE LAST. WHILE YOU'RE GOING IN, ONE OF THE CONCERNS I HAD WITH THAT PIECE, YES, THERE IS EVERYTHING IT WITH IT.

IT IS FOR A THREE STORY BUILDING WHERE THERE IS SO MUCH MORE ROOM THAN WHAT I FEEL IS IN OUR PLACE, IF THERE IS TIME TO HAVE THEM COME BACK WITH AN IDEA, NOT THAT ONE WILL.

MORE FORWARD, PLEASE. ONE MILLION.

OK, TO MARK. THEY DID THAT PIECE.

YEAH, EXACTLY, SO THE PICTURES THAT WE HAVE.

WE MIGHT JUST BE THE SAME PLACE.

ACTUALLY, IT IS IT'S A MUCH TALLER PLACE, AS MAXINE HAVE MENTIONED, SO I COULD PROBABLY GET MY HEAD AROUND IT, BUT NOT AT THIS TIME THE WAY IT IS.

COMMISSIONER, IF I MIGHT JUST CHIME IN, IF IT'S YOUR DESIRE AT THIS MEETING TO AUTHORIZE STAFF TO MOVE FORWARD WITH LISBET, THEN WHEN WE COME BACK TO YOU, IF IT'S OVER SIXTY FIVE THOUSAND IN VALUE, WHICH IT MIGHT BE, WE'RE COMING BACK WITH A CONTRACT AND A DESIGN THAT IS SUITED FOR OUR BUILDING.

SO IT WOULD BE A SCALE VERSION THAT WOULD FIT OUR SPACE.

THAT'S WHAT YOU WOULD SEE.

MY QUESTION IS ALSO THEN IT WOULD BE A DONE DEAL AND WE WOULD JUST HAVE NO CHOICE.

SO IF YOU DO THAT AT THE CONTRACT TIME, IS IT OR IS IT STILL SUBJECT TO OUR APPROVAL? THE CONTRACT AWARD IS WHAT WOULD BE BRINGING TO YOU.

SO IT'S SUBJECT TO YOUR APPROVAL WHETHER WE AWARD TO LAS VEGAS FOR THIS DESIGN.

OK, SO. THE DESIGN SUBJECT TO BE CHANGED OR NO, WE CAN MODIFY, WE CAN WORK WITH THE YARDARM, SO AS YOU PROVIDE US WITH YOU KNOW, AND AS MR. GALLOWAY MENTIONED, WE CAN COME BACK TO YOU IF THE CHOOSING OF THE COMMISSION TO SAY, OK,

[03:40:06]

THIS IS NOW DESIGN AND SCALE FOR THE SPACE BASED ON THE PHOTOGRAPHS THAT THEY'VE BEEN PROVIDED. AND SO YOU ARE CORRECT WHEN YOU SAID THAT RIGHT NOW WE'RE SEEING IT IN A IN A MUCH LARGER SETTING.

SO SCALING BACK FOR OUR SETTING WILL REDUCE THE PRICE OF IT AS WELL.

IT ALSO MAY REDUCE THE WOW FACTOR.

IT COULD DEPEND.

I MEAN, WHEN YOU TAKE CERTAIN THINGS OFF OF IT, IT MAY NOT HAVE THAT SAME APPEAL THAT IT HAS. CERTAIN THINGS ARE MADE FOR DIFFERENT ROOMS. SO THAT'S WHERE MY CONCERN COMES FROM, THAT IF BY CHANCE WE PULL IT BACK SO MUCH, THEN IT LOSES THE FULLNESS AND THE APPEAL THAT IT HAS FOR THIS BIG ROOM AND THEN IT DOESN'T WORK FOR US. I THINK WE DID IT FOR THE ROOM.

WE WOULD NOT BE APPROPRIATE FOR THE ROOM.

IT'S MUCH TOO LARGE.

I FEEL THAT THEY WILL DO IT DRAMATIC ENOUGH AND THEY HAVE TO SHOW IT TO US.

AND THE OTHER QUESTION IS THIS WHERE HAS THIS PIECE BEEN BEFORE OR WAS THIS JUST A CONCEPT? HAS IT NOT BEEN ANYWHERE BEFORE? THIS PIECE OF IS OH, THEY'RE ALL CUSTOM DESIGN CUSTOM MADE THIS FOR THIS PARTICULAR SPACE.

WHOEVER THEY HAD HIRED THEM TO DO THIS.

SO THIS IS ACTUALLY SOMEWHERE ELSE.

THIS IS NOT JUST A CONCEPT THAT THEY PUT UP FOR US TO SEE IF WE LIKE IT.

THIS IS ACTUALLY SOMEONE'S PLACE.

EVERYTHING THAT YOU'VE SEEN IS WORK THAT THEY HAVE DONE.

AND AS THEY ARE AWARE, WE WILL WORK WITH THEM ON WHAT WE WANT.

THAT STILL HAS A SIMILAR FEEL TO IT, UNDERSTANDING THAT THE SPACE THAT WE'RE WORKING WITH IS NOT RESTORING.

AT THIS POINT.

AND I WE HAVE TWO PEOPLE THAT ARE DEFINITELY IN FAVOR OF IT.

ONE ON THE CUSP.

AND YOU'RE NOT REALLY IN FAVOR OF IT.

I KNOW WE'RE UNDER A DEADLINE.

SO I CAN'T CALL EMOTION, THIS IS.

IF ANYBODY WANTS TO DO A MOTION TO DO A MOTION TO PREVENT A SECOND AMENDMENT WOULD BE APPROPRIATE TO HAVE COMMENTS FROM VICE MAYOR BOLLON TO HEAR HIS COMMENTS.

AND AS A COMMERCIAL FISHERMAN, I WHILE THEY HAVE THE OPPORTUNITY TO LET ME KNOW IF THEY WANT TO SPEAK, I DON'T IF THEY DON'T WISH TO SPEAK ON THE MATTER, THEN I THINK IT'S THEM THAT'S THEIR COMMENT. OK, I'M SORRY, COMMISSIONER.

FISHERMEN DID MAKE HER COMMENTS.

SHE DOESN'T SEEM TO WANT TO MAKE ANOTHER COMMENT AGAIN, BEEN ASKED AT THIS POINT.

IT SEEMS THAT COMMISSIONER FLOCCO, COMMISSIONER GEHLEN ARE SUPPORTIVE OF THE PEACE.

AND AT THIS TIME I DON'T HAVE.

OK, I NOW HAVE COMMISSIONER BOLTON WANTING TO SPEAK.

I HEARD COMMISSIONER VICE MAYOR BOLTON.

THANK YOU. I JUST I'M NOT AT PEACE WITH.

MAKING LARGE PURCHASES LIKE THIS, I JUST I KNOW THAT IT COMES FROM THE RESIDENTS SAID I FORGOT WHO WAS ASKED ABOUT THE DEVELOPER FEES, AND I KNOW THAT DEVELOPERS PAY ONE PERCENT OF THE.

TS AND IT GOES INTO A FUND, BUT SOMEHOW I STILL BELIEVE THAT THOSE GUYS ARE OUR PAST TO RESIDENTS IN SOME WAY BECAUSE OF THE DEVELOPERS PAYING ONE PERCENT, THEY'RE NOT GOING TO JUST BURY THAT COST.

THAT COURT HAS TO GO SOMEWHERE.

SO, I MEAN, THAT PART I'M I'M STILL, YOU KNOW, HESITANT ON I'M WILLING TO SUPPORT ARE THE KEYS TODAY SO THAT THIS GOES THROUGH.

BUT JUST KNOW THAT THAT IS, YOU KNOW, ONE OF MY ONE OF MY CONCERNS.

I LOVE PUBLIC ART.

I THINK IT HAS A PLACE.

I LOVE GEORGE AND HIS WORK AND BEST.

OF COURSE, THEY DO ABSOLUTELY A GREAT JOB.

[03:45:02]

AND THEY WORK HARD TO FIND THESE ARTISTS AND MAKE SURE THAT QUALITY PIECES ARE SENT HERE.

SO, YOU KNOW, WITH THAT SAID, I DO SUPPORT IT.

BUT I MEAN, THE COSTS FOR THAT, YOU KNOW, WHEN WE'RE IN THE MIDDLE OF A PANDEMIC AND YOU GET ALL THIS MONEY, I KNOW WE'RE NOT NOT USE IT FOR ANYTHING ELSE, BUT I'M JUST THINKING THIS MONEY COULD BE USED TO HELP SO MANY OF OUR FAMILIES WHO DON'T HAVE FOOD ON THEIR TABLES OR CAN'T PAY THEIR MORTGAGE OR RENT.

IT WAS JUST A DIFFICULT DECISION FOR ME, KNOWING THE CLIMATE THAT WE'RE IN.

BUT I DO SUPPORT IT BECAUSE OF THE SCHEDULE THAT WE HAVE.

THANK YOU, VICE MAYOR.

I'M GOING TO GO TO COMMISSIONER GUNN.

YOU HAVE A COMMENT? YES, I JUST WANT TO CONFIRM AND CLARIFY FOR THE PUBLIC, IS IT TRUE THAT WE CANNOT TAKE FUNDS FROM THE PUBLIC ART FUND AND USE FOR OTHER MEANS? THAT IS CORRECT.

COMMISSIONER, YOU DO HAVE AN ORDINANCE THAT GOVERNS THE ELIGIBLE PROJECTS THAT CAN BE THE PUBLIC FUNDS CAN BE SPENT ON, AND IT'S ONLY PUBLIC ART THAT BENEFIT THE PUBLIC.

SO IT'S IN AREAS WHERE YOU KNOW THAT THE PUBLIC WILL HAVE ACCESS AND THEY WILL HAVE USE AND ENJOYMENT OF THAT PIECE.

SO IT'S JUST FOR PUBLIC ART EXPENDITURES IN YOUR ORDINANCE GOVERNS THAT.

AND IF I MAY, WITH A LITTLE BIT OF HISTORY PLACED AS I AM, YOU KNOW, I HAVE A MASTER OF FINE ARTS AND I AM AN ART HISTORY MAJOR.

THE REASON FOR ART BEGAN WHEN THE 15 HUNDREDS IN ITALY IN THE RENAISSANCE, WHEN THE MEDICI FAMILY FELT THAT ART ENRICHED OUR LIFE.

AND AS A RESULT, THEY PUT A LOT OF MONEY OF THEIR WEALTH INTO THE ARTS.

AND SINCE THEN IT HAS FLOURISHED IN COUNTRIES IN AMERICA IS VERY LATE TO THE TABLE WITH ART AND CULTURE.

AND THAT'S WHY A PUBLIC ART ORDINANCE WAS PUT INTO PLACE SO THAT WHEN A BUILDER GOT ON TO A PIECE OF LAND AND HIS MACHINERY WENT IN AND HIT A BIG WATER MAIN PIPE AND IT WAS GOING TO COST HIM A HUNDRED THOUSAND DOLLARS FOR THAT ERROR TO FIX IT, HE CANNOT CANCEL THE ART THAT'S GOING THERE.

ORDINANCES TO PROTECT THE ART.

ART ENRICHES OUR LIFE.

I HEAR EVERYTHING YOU'RE SAYING AND I AGREE.

BUT IF ART WAS NOT PROTECTED, WE WOULD HAVE NO ART IN CULTURE AND ART IN EVERY WAY AND DANCE IN THEATER AND VISUAL ART.

IT ENRICHES OUR LIFE.

AND THAT'S WHY THIS ORDINANCE IS IN PLACE.

THANK YOU VERY MUCH, COMMISSION.

YES, I WAS SORRY.

SO JUST TO MAKE IT VERY CLEAR SO WE CANNOT TAKE A HUNDRED THOUSAND DOLLARS FROM THE ART FUND AND USE IT TO HELP WITH MORTGAGES OR HELP WITH ANYTHING ELSE IN THE CITY COMMISSION OR. NO, YOU KNOW, YOU COULD NOT.

OK, I JUST WANT TO MAKE THAT CLEAR FOR THE FOR THE AUDIENCE.

THANK YOU. THANK YOU VERY MUCH.

WELL, I SEE WE'RE ALL ON THE SAME WAVELENGTH.

I WANTED TO MAKE THAT VERY CLEAR.

MONEY IN THE PUBLIC ART FUND CAN ONLY BE USED FOR OTHER THINGS.

THANK YOU. THANK YOU, COMMISSIONER GELEN.

THANK YOU. AND I THINK IT WAS MENTIONED A COUPLE OF TIMES DURING PRESENTATION AS WELL.

SO I HOPE THAT EVERYBODY DOES UNDERSTAND THAT THIS IS PUBLIC ART FUND.

THE MONEY IS ALREADY BEEN PROVIDED TO THE CITY.

IT'S NOT LIKE IT'S GOING TO COME IN THE FUTURE.

WHEN THIS PROJECT WAS STARTED YEARS AGO, THAT MONEY WAS THEN PUT INTO THE ACCOUNT.

SO THIS IS NOT NEW MONEY, NOT GOING TO BE CREATING ANY NEW ISSUES THAT SOMEBODY IS GOING TO HAVE TO NOW START TO PAY.

COMMISSIONER FISHMAN. YOURSELF, PLEASE.

THANK YOU ANYWAY.

SORRY ABOUT THAT, I JUST WANTED TO RECONFIRM MY COMMENT EARLIER, I BELIEVE THAT IN THIS TIME AND IN THIS PLACE, WE NEED TO STICK TO OUR FIFTY THOUSAND DOLLAR BUDGET.

THAT'S WHAT WE AGREED UPON WHEN WE WENT OUT LOOKING FOR ART.

[03:50:05]

I AM NOT IN FAVOR OF SPENDING ADDITIONAL DOLLARS ON AN ART PIECE FOR THIS BUILDING.

THE ART FUND IS NOT A NEVER ENDING SOURCE OF REVENUE FOR OUR ART PROJECTS.

THERE ARE THINGS COMING IN THE PIPE ALREADY THAT THE PUBLIC ART COMMITTEE IS WORKING ON.

AND IF WE CAN DO THIS SPECIFIC PIECE THAT THE CRYSTAL MESH WITHIN THE FIFTY DOLLAR OR FIFTY THOUSAND DOLLAR BUDGET, THAT IS WHAT I AM CAPABLE OF.

THANK YOU. THANK YOU.

BASICALLY, I THINK WE'VE ALL HEARD AND I'LL DO A MOTION AND A ROLL CALL IN A MOMENT, BUT TO KEEP IT AS BEST AS POSSIBLE IN THE FIFTY THOUSAND MARK WOULD BE MY REQUEST AS WELL.

I THINK WITH WHAT WILL BE REDUCED, BECAUSE THAT'S A PIECE FOR A HUGE BUILDING.

MAYBE IT'LL BE A LITTLE SMALLER IF IT GOES OVER A LITTLE THAN THEY NEED TO COME BACK AND TELL US. I WOULD REQUEST THAT IT STAYS IN THE WHITE AND SILVER OR PLATINUM, WHATEVER THE METAL PART, THEY'RE USING MOTIF FOR THE NOT MADE COLORFUL, YOU KNOW, THE KEEP THE STYLE AND LOOK AT WHAT WE ARE DOING HERE.

AND I LOOK FORWARD TO SEEING WHAT COMES BACK TO US AT THIS TIME.

I NEED A MOTION AND A SECOND, I GUESS, FROM THE COMMISSION THAT WE'RE MOVING FORWARD WITH THIS PIECE. SO MOVED CITY CLERK.

LET'S CALL THE ROLL. YES, COMMISSIONER GELLIN.

YES, MR. POCHO. YES, MR. FISHMAN, AS VICE MAYOR OF BALTIMORE.

YES, SIR. MAYOR GOMEZ.

YES. MAYOR GOMEZ.

THANK YOU VERY MUCH. AT THIS TIME, WE ARE APPROACHING ONE FORTY TWO, I'M GOING TO DO A TEN MINUTE BREAK.

THANK YOU VERY MUCH. IT IS.

WE WILL BE BACK HERE AT ONE FIFTY TWO.

WE ARE NOW IN RECESS. AND GENTLEMEN IS ONE FIFTY TWO AND WE'RE BACK IN SESSION, BUT THEN IF YOU JUST CONFIRM THAT WE ARE ON, PLEASE.

EXCELLENT SEEING THAT WE ARE ALL ON, WE ARE NOW MOVING TO 13 B SURVEY OF WOODLAND'S RESIDENTS. THIS WAS A DISCUSSION REQUESTED BY COMMISSIONER GELLIN REGARDING THE CITY

[b. Survey of Woodlands Residents Discussion requested by Commissioner Gelin regarding the City hiring an independent third party to survey residents of the Woodlands community to determine the number of residents who are for, against, or take a neutral position on the proposed development.]

HIRING AN INDEPENDENT THIRD PARTY TO SURVEY RESIDENTS OF THE WOOLENS COMMUNITY TO DETERMINE THE NUMBER OF RESIDENTS WHO ARE FOR OR AGAINST OR TAKE A NEUTRAL POSITION ON THE PROPOSED DEVELOPMENT. COMMISSIONER JOHN.

AND YES.

SO. A LOT OF RESIDENTS HAVE EXPRESSED THEIR VIEW. SOME U.S.

LEADERS HAVE DONE THEIR OWN SURVEYS, CLAIM THAT THEY SURVEYED THEIR BLOCK OR WHATEVER.

WE DON'T HAVE ANY REAL DATA FROM ANY PARTY REGARDING HOW RESIDENTS FEEL ABOUT THIS PROPOSAL, WHICH IS A MAJOR DEAL FOR A LOT OF RESIDENTS, WHICH IS WHY THEY CAME OUT AND WE HAD A MEETING AT 5:00 IN THE MORNING.

SO WE MAKE A DECISION.

I THINK IT'S IMPORTANT FOR US TO HAVE AS MUCH INFORMATION AS POSSIBLE FROM ALL PARTIES AND AN ELECTED OFFICIAL THAT REPRESENTS THE RESIDENTS AND THE COMMUNITY.

IT'S INCUMBENT UPON US TO GATHER DATA ABOUT HOW OUR RESIDENTS FEEL.

AND SO I THINK THIS IS SOMETHING THAT WE SHOULD DO.

I THINK IT'S PRUDENT AND IT MAKES SENSE.

NOW, YOU, COMMISSIONER, WE HAVE ONE MEMBER OF THE PUBLIC AT THIS TIME, PUBLIC COMMENTS ARE NOW OPEN. GOOD MORNING, GENTLEMEN.

GOOD AFTERNOON. SORRY ABOUT THAT.

WE DO HAVE ONE COMMENT.

THIS IS FROM JOEL DAVIDSON OF THE WOODLANDS.

HE SAYS, CITY COMMISSION, I HOPE YOU WILL GO FORWARD WITH THE THIRD PARTY SURVEY FOR RESIDENTS TO DECIDE IF THEY WANT REDEVELOPMENT OF THE WOODLANDS OR NOT.

AS A 20 YEAR RESIDENT OF THIS COMMUNITY AND FEEL FAMILIAR WITH THE PLAN SINCE NINETEEN SEVENTY TWO, I'M NOT IN FAVOR OF THE TYPE OF REDEVELOPMENT 13 FLOOR HOMES IS PROPOSING IT. THANK YOU VERY MUCH.

NO MORE PUBLIC COMMENTS, PUBLIC COMMENTS ARE NOW CLOSED.

COMMISSIONER FISHMAN, NEATE YOURSELF, PLEASE.

[03:55:01]

I KEEP FORGETTING THAT PART, I HAVE A QUESTION FOR OUR CITY ATTORNEY.

YES, MADAM COMMISSIONER.

AS A.

QUASI JUDICIAL BOARD WHEN WE ARE LOOKING AT DEVELOPMENT PROJECTS.

IS IT INCUMBENT ON US TO DO A SURVEY OF PEOPLE? MAY I RESPOND, MADAM? YES, PLEASE, THE ANSWER IS NO, COMMISSIONER, I SAID I SAID THAT BECAUSE YOU USE THE WORD OF JUDICIAL, QUASI JUDICIAL HAS A SPECIFIC LEGAL MEANING, NOT JUST IN OUR OWN CODE AT SECTION TWO, DASH THREE SIXTY SEVEN AND FOLLOWING, BUT ALSO IN CASE LAW, WHICH IS THE LAW OF DEVELOPING IN THE IN THE APPELLATE COURT SYSTEM AS TO HOW CASES OF THIS TYPE GET TO BE HEARD.

QUADER JUDICIAL FOR THE RECORD ACTUALLY MEANS ALMOST A JUDGE LIKE.

SO IN ESSENCE, YOU FIVE COLLEAGUES, ALL OF YOU SITTING IN A AS A COLLEGIAL BODY WILL HAVE NOT JUST THE OPPORTUNITY, BUT THE OBLIGATION AND THE RESPONSIBILITY TO HEAR ALL THE FACTS AND EVIDENCE DURING SWORN TESTIMONY UNDER YOUR OWN CODE AND UNDER STATE LAW, FOR THE PURPOSES OF GATHERING THE DATA AND INFORMATION, YOU NEED EVIDENCE TO BE ABLE TO MAKE A DECISION BASED UPON WHAT'S CALLED COMPETENT AND SUBSTANTIAL EVIDENCE, WHICH YOU'VE BEEN DOING NOW FOR THE PAST NUMBER OF YEARS.

THE END RESULT OF WHICH IS THAT THE PROCESS IS WHAT IS SACROSANCT, BECAUSE THAT PROCESS PROTECTS NOT JUST THE CITY FROM THE STANDPOINT OF HOW IT REACTS TO AN APPLICATION, BUT ALSO IT PROTECTS THE PUBLIC WHO HAS A RIGHT TO BE HEARD, AS WELL AS THE APPLICANT WHO HAS A RIGHT TO BE HAD, HIS APPLICATION OR HER APPLICATION SUPPORTED BY COMPETENT AND SUBSTANTIAL EVIDENCE. WHAT'S IMPORTANT IS THE FACT THAT IN YOUR OWN CODE, IT'S DETERMINED THAT IT IS THE INTENT OF THE CITY TO PROVIDE AN EQUITABLE AND EFFICIENT MANNER FOR THE CITY TO HEAR MATTERS WHICH ARE CONSIDERED PREJUDICIAL IN NATURE AND ESSENTIALLY TALKS ABOUT THE FACT THAT THE PROCEDURES SHALL BE UTILIZED BY THE CITY COMMISSION IN ALL CITY BOARDS IN REGARDS TO HEARINGS OR CLAGETT ADDITIONAL MATTERS IN WHICH THEIR BODY IS THE FINAL AUTHORITY. SO YOUR OWN CODE SETS UP THE PREMISE FOR COMPETENT AND SUBSTANTIAL EVIDENCE FURTHER, IF YOU WILL, THE DEFINITION IN YOUR APTLY PUT IT, I'M GOING TO GO SPECIFICALLY KWANGJU JUDICIAL PROCEEDINGS MEANS HEARING HELD ON A BOARD OR THE CITY COMMISSION TO DO TO KEEP PRIVATE RIGHTS OF A PARTICULAR PERSON AFTER A HEARING WHICH COMPORTS WITH DUE PROCESS REQUIREMENTS AND MAKES FINDINGS OF FACT AND CONCLUSIONS OF LAW.

SURVEYS DON'T DO THAT.

AND THIS IS THIS IS NOT A DEROGATION TO COMMISSIONER GEHLEN.

HE RAISES A POINT THAT THAT'S VALID AND CERTAINLY HAS TO HAVE SOME AIRING IN THIS DISCUSSION. BUT WHEN YOU HAVE A CITE SPECIFIC REZONING OR A SITE PLAN OR A SITE SPECIFIC LAND USE AMENDMENT VARIANCES OR PILOT APPROVALS OR SPECIAL EXCEPTIONS, YOUR OWN CODE DICTATES A PROCESS BY WHICH TO DO SO.

WHY DO YOU MAKE DISCLOSURES? WELL, YOU MAKE DISCLOSURES BASICALLY BECAUSE YOU CAN HAVE EX PARTE COMMUNICATIONS.

THE END RESULT UNDER THE STATUTE, BY THE WAY, UNDER CHAPTER ONE SIX ONE SIXTY SIX.

BUT THE ANSWER IS THAT YOU DISCLOSE THEM SO THAT THE PROCESS ITSELF, MUCH LIKE A COURTROOM PROCEEDING, WHETHER IT BE A HEARING OR A TRIAL, DOES REQUIRE THAT YOU CONSIDER THE EVIDENCE AND TESTIMONY THAT YOU RENDER YOUR DECISION BASED UPON THAT EVIDENCE AND THAT TESTIMONY. SURVEY DATA IS MORE IN THE CONTEXT OF WHAT WE CALL ROMAN TIMES A PLEBISCITE. YOU KNOW, IT'S CHRISTIANS THAT'S THAT'S A DECISION BEING MADE WITHOUT WITHOUT HAVING A ONE PERSON OFFICER SWEAR IN A WITNESS.

SO ALTHOUGH IT MAY BE INCONVENIENT, ALTHOUGH IT MAY BE DIFFICULT IN IT, ALTHOUGH MAY BE CHALLENGING ALL THE NUMBERS OF PEOPLE THAT THAT MAY CHOOSE TO BE HEARD, WHETHER THEY BE TEN PEOPLE OR ONE HUNDRED PEOPLE OR TWO HUNDRED PEOPLE, HAVE THE OBLIGATION AND THE RESPONSIBILITY, MUCH LIKE YOU DO, TO BE PRESENT IN THAT PROCESS AND BE HURT IN THAT PROCESS AND TO SURVEY THEM TO GET AN ANSWER FOR WHAT YOUR OBLIGATIONS AND RESPONSIBILITIES ARE AS A JUDGE, JUST LIKE YOU'RE WEARING A BLACK ROBE.

I MENTIONED THAT A LITTLE WHILE AGO.

YOU'RE SORT OF SITTING IN THAT SAME CAPACITY.

JUDGES, FOR EXAMPLE, DON'T GO TO THE SCENE OF A CRIME TO ACTUALLY LOOK AT THE ISSUES.

THEY DON'T THEY DON'T GO TO THE TO THE TO THE PARTICULAR LOCATION FOR GETTING GATHERING DATA OR FACTS OR CIRCUMSTANCES, WITH ONE EXCEPTION, AND I NEVER MENTIONED THIS BEFORE, BUT IN FLORIDA, THERE'S A TRIAL PERIOD WHEN THEY'RE GOING TO TAKE YOUR PROPERTY OR YOUR LIFE CAPITAL FELONIES.

AND THE REASON THAT THERE IS A JURY VIEW IN A EMINENT DOMAIN CASE WHERE PROPERTY IS BEING TAKEN FOR PUBLIC AND MUNICIPAL USE, THE JURY GETS TO SEE THE PROPERTY.

NO QUESTIONS ARE ASKED, NO QUESTIONS ARE ANSWERED.

I'VE BEEN ON THAT BUS BEFORE, LITERALLY A BUS.

THEY TAKE YOU TO THE LOCATION WHEN YOU'RE TRYING THE CASE WITH THE GOVERNMENT THAT YOU'RE PREPARING FOR THAT CASE. THERE'S NO CONVERSATIONS FOR PROHIBITED BAILIFF IN THE BUS THAT WON'T LET YOU BE HEARD. IT'S JUST AN OBSERVATIONAL OPTION.

AND IT'S ONLY IN THAT EXCEPTION.

I WOULD URGE THE PROCESS WHICH YOU'RE BETTING IN AND WHICH THE APPLICANT HAS COMMENCED

[04:00:03]

THE PROCESS AND THE FOLLOW THE CODE, EVEN THOUGH IT MAY SEEM LIKE A LIKE A GOOD IDEA.

AND I'M NOT SUGGESTING IT'S NOT A GOOD IDEA UNDER THE CONTEXT OF THIS PARTICULAR ISSUE, IT MAY BE RUNNING AFOUL OF OUR OWN CODE IN THE PROCESS.

I HOPE THAT HELPS AND HAS BEEN WORDY, BUT I WANTED TO GIVE YOU MY BEST ANSWER.

I APPRECIATE THAT.

AND I HAVE A FOLLOW UP QUESTION.

IF WE DO A SURVEY, AS HAS BEEN REQUESTED.

DOES THAT NOT OPEN US UP FOR LIABILITIES, DEPENDING ON OUR DECISION BY EITHER SIDE? WELL, TO BE QUITE FRANK WITH YOU, MY CONCERNS ARE THAT THE PROCESS IS INSIDE A BOX, WITHIN THAT BOX OR A COMPOSITE OF RIGHTS OF EACH BOTH THE APPLICANT AND THE CITY.

IF YOU VENTURE BEYOND THAT, THAT THOSE FOUR CORNERS OF THE BOX AND IF FOR SOME REASON IT IS EVEN IMPLIED OR SUGGESTED THAT YOU RELIED UPON SURVEY DATA THAT WAS NOT OTHERWISE PROVIDED UNDER SWORN TESTIMONY AND EVIDENCE IN THE PROCESS, THEN THE LIABILITY WOULD BE THAT SOMEONE COULD CHALLENGE YOUR DECISION GOOD, BAD OR INDIFFERENT.

BECAUSE, AS YOU KNOW, WE'VE BEEN DOWN THIS ROAD SEVERAL TIMES OVER THE PAST COUPLE OF YEARS WITH WITH CHARTER SCHOOLS AND WITH OTHER TYPES OF FACILITIES WHERE THE CHALLENGE IS WHAT IS THE COMPETENT AND SUBSTANTIAL EVIDENCE? HAS THE GOVERNMENTAL AGENCY DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW, WHICH IS WHAT THE CASE LAW TELLS US AS VIOLATE THE RIGHTS OF THE APPLICANT? AND THAT'S WHY THIS PROCESS I USE THE WORD SACROSANCT FOR A REASON, MUCH LIKE THE JUDICIAL PROCESS WHEN WHEN HE OR SHE IS WEARING A ROBE, IT ACTUALLY DOES MATTER.

AND THEY IN THAT SEAT.

ARE YOU SITTING IN THAT SEAT IN THIS PARTICULAR CONTEXT? THANK YOU. I HAVE NO QUESTIONS.

THANK YOU VERY MUCH.

SO, CAROL, BACK TO COMMISSIONER ALLEN, YOU HAVE ANOTHER COMMENT THAT'S FINE, GO AHEAD.

YES, PERHAPS I NEED TO REPHRASE THE REQUEST.

SO RATHER THAN REQUEST A SURVEY WHICH YOU DESCRIBED IN ROMAN TIMES TO BE WHATEVER IT MAY BE, WHAT WE SHOULD ISSUE IS AN AFFIDAVIT OR A MILITARY DOCUMENT TO TO GET THE VIEW TO THE RESIDENT.

SO THERE IS ONE THING, BUT AN AFFIDAVIT OR ANOTHER DOCUMENT ATTESTING TO THEIR VIEW COULD BE SOMETHING ELSE THAT A MERE IF I CAN'T DO THAT CONCERNING, WOULD YOU PLEASE A POINT WELL TAKEN COMMISSION WITH ONE EXCEPTION.

THE ANSWER IS THAT AFFIDAVITS ARE NOT SUBJECT TO CROSS EXAMINATION.

THAT'S THE PROBLEM. AND UNDER THE TERMS OF OUR OWN CODE AND THE CASE LAW IN FLORIDA, IF SOMEONE SIGNS AN AFFIDAVIT AND MOVES TO IDAHO, THEY CAN LAY ANY NUMBER OF THINGS ON THE TABLE AS I SWORE AN OATH.

BUT IF THEY'RE NOT OPEN TO CROSS-EXAMINATION, THE PETITIONER, THE APPLICANT AND EVEN THE CITY IS PUT AT RISK BY NOT BEING ABLE TO CROSS-EXAMINE THAT WITNESS.

AND THAT'S IN THE CODE AS A SPECIFIC PART OF THE PROCESS AND THE PROCEDURE TO GET TO AN ULTIMATE DECISION, WHICH YOU WILL HAVE TO RENDER.

SO IT'S CERTAINLY A UNIQUE APPROACH, BUT THE END RESULT IS THAT IT CREATES ANOTHER TECHNICAL FLAW IN THE DISCUSSION.

AND CAN THE COMMISSION DIRECT THE APPLICANT TO ISSUE A SURVEY? I SUSPECT THAT YOU COULD COULD OPEN THAT DOOR DISCUSSION, BUT THE END PRODUCT HAS THE SAME SUSPICIONS AS AS AS THE COMMISSION ENDEAVORED TO, IN FACT, ENGINEER THAT DISCUSSION.

SO THE ANSWER IS IT CREATES THE SAME LEGAL CHALLENGE, IN MY OPINION.

NOW, VERY OFTEN, WHAT IS A LEGAL CHALLENGE? THE CHALLENGE, AGAIN, WOULD BE OUT OF THE APPLICANT OF THE CITY, BECAUSE WHAT'S HAPPENING IS YOUR YOU CAN'T RELY UPON UNSWORN STATEMENTS IN THE PROCESS, IN THE PROCEEDING.

SO THE END RESULT OF WHICH IS THAT, AGAIN, A SURVEY IS JUST A SURVEY.

RIGHT, BUT IT'S NOT REAL AND HOW YOU HOW YOU PHRASE A SURVEY AND HOW YOU WERE TO SURVEY, YOU KNOW, MAY MATTER IN THE OVERALL CONTEXT OF THINGS.

AND I KNOW YOU'RE REACHING FOR WHAT YOU BELIEVE TO BE THE RIGHT CONCLUSION.

I WOULD LIKE TO GIVE YOU MORE OF THE ASSISTANCE HERE.

BUT LIMITEDLY I CAN.

LIMITEDLY I CAN'T BECAUSE OF WHAT I'VE JUST DESCRIBED.

OK. I WILL TELL YOU, I KNOW SOMETIMES IN UNTIL THEORY, WHEN YOU WHEN YOU DON'T TALK AND STOP TALKING, BUT I JUST ONE MORE THING.

THE PROFESSIONAL STAFF AND THE DEVELOPER, I SUSPECT, GIVEN THE NATURE OF THIS APPLICATION, HAVE WORKED VERY DILIGENTLY TO GET TO THE POINT WHERE A HEARING COULD OCCUR AND I WOULD NOT CHOOSE FOR YOU AT THIS POINT ON THE ROADWAY TO GET TO THAT HEARING, TO CREATE A POTENTIAL LEGAL PITFALL THAT WILL CAUSE EITHER PARTY TO BE AT RISK AT THE FINAL HEARING. AND AT THIS POINT, WHAT WOULD THAT WHAT WOULD THAT BE? THE RISK IS THAT THE DECISION THAT YOU RENDER COULD BE COULD BE CHALLENGED LEGALLY BY THE

[04:05:01]

APPLICANT OR.

AND WE'VE HAD WE'VE HAD WE'VE HAD CHALLENGES TO AS RECENT AS THE THE STORY, THE STORAGE FACILITY, RIGHT. WHERE WE HAD A DECISION WAS RENDERED AND THEY THEY CHALLENGED IT.

WELL, WE'RE NO, NO. WE'RE IN LITIGATION IN THAT SITUATION WHERE THE BUYER DIDN'T CLOSE THAT TRANSACTION. AND WE'RE IN A LOSS TO THE PLAINTIFF WITH THE WITH WITH THE CHENEY FAMILY OR WITH PRESTIGE IN THAT REGARD.

WHAT YOU'RE REFERRING TO IS DEFEND THE WOODLANDS, THAT CASE.

THAT'S A LAWSUIT THAT WE WANT AND THAT'S THE CASE WHERE WE FILE.

I'M NOT I'M NOT REFERRING TO THAT.

I'M I'M REFERRING TO THE STORAGE FACILITIES.

SO SO, I MEAN, WE'RE AT RISK ONE WAY OR ANOTHER IN TERMS OF SOMEONE DECIDING TO SUE.

SO THAT'S THAT'S A RISK THAT'S ALWAYS THERE.

RIGHT. THE CITY'S EMINENTLY SUITABLE, THERE'S NO QUESTION ABOUT IT, BUT BUT THE ANSWER IS I NEED TO GIVE YOU MY BEST ADVICE REGARDING A PROCESS AND PROCEDURE.

YOU'VE ASKED THE QUESTION. I GIVE YOU MY BEST ANSWER REGARDING WHAT WHAT COULD BE INTERPRETED AS THAT WITHIN THAT PROCESS.

AND I OFFER UP AS MS. MY BEST MY BEST LEGAL ANSWER.

COMMISSIONER, THAT'S ONE I PERSONALLY WOULD BE FINE WITH TAKING THAT RISK.

AND THAT'S WHAT WE PAY YOU FOR.

CAN MR. GAGNON ARE YOU COMPLETE COMPLETELY? THANK YOU, COMMISSIONER PLAKA, THANK YOU.

I CAN RELATE TO THIS HAVING GONE THROUGH THIS WHITMONT AND THOSE OF YOU WHO'VE BEEN AROUND A WHILE KNOW THAT THE WOODMAN SITUATION WENT ON FOR ABOUT 12 YEARS.

SO I ALWAYS BELIEVE WOULD NOT AND WOULD LOSE ARE VERY MUCH ALIKE.

AND THE RESIDENTS IN WOULD MIND WERE EXTREMELY VOCAL.

AND YOU WILL REMEMBER US SHOWING UP IN RED SHIRTS AT CITY HALL THROUGH EVERY COMMISSION MEETING. SO I HAVE TO ASK.

WHAT THE WOODLAND RESIDENTS ARE DOING.

THEY PETITIONED THE UNION.

I KNOW WE'VE GOTTEN TONS OF E-MAILS THAT I KNOW, BUT I WOULD HATE TO SEE THIS THIS COMMUNITY IN JEOPARDY IN ANY WAY, NO MATTER HOW THIS PROJECT GOES.

SO MAYBE ANOTHER WAY AROUND THAT IS FOR SOME OF THE WAYS TO GET INVOLVED AND VOICE THEIR OPINION. DO REDSHIRTS DO DO SOMETHING? AND I MAY BE MISTAKEN IN THEIRS, BUT DIDN'T THE DEVELOPER DO AND I'LL CALL IT A SURVEY, BUT I DON'T KNOW THAT THAT'S THE CORRECT WORD.

DIDN'T THEY CONTACT RESIDENTS TO FIND OUT THEIR OPINIONS ON THIS AND THEIR THOUGHTS AND TRY AND WORK WITH THEM? OR AM I INCORRECT IN THAT? I DON'T KNOW WHO I'M ASKING THEM TO.

I GUESS MAYBE NEXTED.

MAXINE, DO YOU WANT TO TAKE IT OR I'LL BE HAPPY TO ANSWER? OK, GO AHEAD.

NEAR THE APPLICANT HAS HAD NUMEROUS MEETINGS WITH THE COMMUNITY, WITH THE VARIOUS SECTIONS IN THIS. AND JUST AS A REMINDER, THIS COMMUNITY IS DIFFERENT THAN WHITMONT IN THE RESPECTS THAT IT'S A SQUARE AND EIGHT SECTIONS ARE WITHIN THAT SQUARE.

THERE'S NOT A REAL DIVIDE.

IT'S NOT LIKE AZEALIA COURT OR JASMYN PLACE OR SOMETHING LIKE THAT.

IT'S SECTION ONE, SECTION TWO, SECTION THREE SECTIONS, ALL OF THEM.

AND SO THERE HAVE BEEN PRELIMINARY MEETINGS FOR DISCUSSION ON THE CONCEPT.

AND WHILE THERE HAS BEEN SURVEYS DONE THAT HAVE BEEN ADDITIONAL SERVICE DONE, WHETHER IT BE FOR PARTS OF THE COMMUNITY, THE BIGGEST THING THAT WE HAVE RIGHT NOW IS IT'S NOT A COMPLETE PLAN YET.

THEY'RE STILL GOING OUT AND TAKING GETTING MORE INFORMATION FROM THE RESIDENTS ON WHAT THEY WANT OR DON'T WANT AND WHAT THEY COULD DO TO WORK WITH THE COMMUNITY IF IT SHOULD GO FORWARD. THERE'S A BIG THING HERE.

IT'S AN YET.

SO TO TAKE A SURVEY NOW, WHICH I AM NOT COMFORTABLE AS US AS SUPPOSED TO BE THE JUDGES OF THIS QUASI JUDICIAL, HAVING THE CITY PAY FOR A SURVEY, ESPECIALLY AT THIS TIME WHEN YOU DON'T HAVE ANYTHING GUARANTEED OF WHAT THEY'RE GOING TO BE VOTING ON, BECAUSE WHEN THEY FINISH GOING THROUGH SITE PLAN, THERE'S THEN A WHOLE OTHER CONVERSATION BEFORE THE COMMISSION. THERE WILL BE CHANGES, PRESUMABLY.

SO TO TAKE SOMETHING NOW IS PREMATURE.

YOU CAN GET A FEEL FOR WHAT PEOPLE WANT OR DON'T WANT OR HAVE CONCERNS ABOUT, BUT AN END RESULT, FINAL EVIDENTIARY SURVEY AT THIS TIME.

AND BUT AS FAR AS TAKING A SURVEY, FROM OUR PERSPECTIVE AS THE FIVE PEOPLE WHO ARE SUPPOSED TO REVIEW THIS.

WITH A CLEAR MIND AND WAIT FOR THE EVIDENCE TO BE PRESENTED, THAT'S NOT A POSITION THAT I FEEL THAT WE SHOULD BE PUTTING THE CITY OR OURSELVES INTO.

I SEE THAT COMMISSIONER GEHLING WISHES TO MAKE ANOTHER COMMENT AND AFTER THAT IS THE VICE

[04:10:01]

MAYOR. OK, I'M NOT DONE YET.

OK, SORRY.

GIVE ME A MINUTE. THAT'S OK.

I GUESS THE REASON I WAS ASKING THIS IS, ARE WE PUTTING THE CART BEFORE THE HORSE? I HAVE YET TO SEE A PLAN.

I HAVE ASKED FOR A DEVELOPMENT AGREEMENT TO TAKE A LOOK AT THAT.

OBVIOUSLY THAT CAN'T BE IN PLACE BECAUSE THERE'S NO PLAN YET.

SO I'M NOT QUITE SURE IF WHAT WE'RE TALKING ABOUT, IF THERE IS NO PLAN OR IF THERE IS.

I CERTAINLY HAVE NOT SEEN ONE YET.

SO IF THERE'S A PLAN, I'D LIKE TO SEE IT.

AND IF THERE ISN'T, THEN MAYBE WE'RE JUMPING THE GUN HERE UNTIL THERE IS SOME SORT OF PLAN IN PLACE.

NOW I'M DONE. THANK YOU, COMMISSIONER.

WHEN YOU SAY THERE'S NO PLAN, WHAT DO YOU MEAN? I HAVE NOT SEEN A PLAN FROM WOODLAND'S.

FROM THERE IS NO CITILINK, I HAVE NOT SEEN A SIDE PLAN, I HAVE NOT SEEN A DEVELOPMENT AGREEMENT. YOU WERE AT A MEETING, RIGHT? I'M SORRY. YOU WERE AT THE MEETING THAT LASTED UNTIL FIVE A.M., RIGHT? YES. YOU'RE BREAKING UP, CAN YOU PLEASE REPEAT THAT? I JUST I'M STILL NOT SURE WHAT COMMISSIONER BLACKLISTING WAS THINKING.

WHAT I WANT IS IF THERE IS A FINAL PLAN FOR THE WOODLAND'S DEVELOPMENT, I HAVE NOT SEEN IT. THAT'S WHAT I'M SAYING, MR. GAGNON, ARE YOU REFERRING TO THE JULY 10 MEETING? TWENTY TEN, TWENTY, TWENTY NINETEEN.

I DON'T RECALL THE DATE, BUT AND.

MAXINE, IF YOU WERE, CAN YOU JUST CONFIRM THAT THAT WAS THE LAND USE AND ZONING, NOT THE SITE PLAN THAT RIGHT WHERE THAT IS CORRECT.

THIS HAVE MEANING AND WE KNOW WHAT THE PROPOSED DEVELOPMENT IS.

AND SO THE RESIDENTS CAN EXPRESS THEIR OPINION TO LEAVE BECAUSE THEY CAN SAY SOMETHING.

BUT IT'S IMPORTANT FOR US TO FIGURE ON HOW THEY FEEL AND THEIR GOVERNMENT, AS YOU SAID, THAT THERE ARE A LOT OF MEETINGS OR WHAT WITH THE FEEDBACK FROM THOSE MEETINGS, WHAT WHAT INFORMATION THAT THEY SHARE WITH US REGARDING THE RESULTS OF THOSE MEETINGS AND DISCUSSIONS, BECAUSE I HAVEN'T THAT DOCUMENT THAT OUTLINES THE COMMUNITY FEEDBACK.

THE OUTLOOK I'M HAVING A LITTLE TROUBLE HEARING YOU, COMMISSIONER, GONE, I THINK YOU'RE ASKING. THE.

NO, I SAID THAT THE THE THE APPLICANT HAD A LOT OF MEETINGS, WHICH YOU REFERRED TO WHEN THEY WENT OUT AND GOT FEEDBACK FROM THE COMMUNITY.

WE HAVE NOT SEEN THAT FEEDBACK FROM THE COMMUNITY.

SO WHAT IS THE. WHAT IF I HEAR YOU CORRECTLY? BECAUSE YOU ARE WE'RE HAVING TROUBLE WITH YOUR I'M HAVING TROUBLE HEARING YOUR FEET.

I THINK YOU'RE ASKING WHAT FEEDBACK HAS COME IN FROM THOSE MEETINGS FROM THE APPLICANT.

SO THE APPLICANT THAT'S WHERE THE APPLICANT TO BE PUTTING INTO PLACE WITH THE SITE PLAN FOR THOSE COMMENTS AND OPINIONS OF THE RESIDENTS AND WHAT THEY'RE PUTTING FORWARD WITH THEIR DISCUSSIONS THROUGH THE DRC AT OUR CITY FOR PUTTING THE SITE PLAN PROPOSAL IN ACTION IN PLACE. AND THEN IT IS MY UNDERSTANDING OF MAXINE, I'D LIKE YOU TO CLARIFY OR CONFIRM THAT WHEN IT COMES THROUGH FOR SITE PLANNED BEFORE IT COMES TO US AS A COMMISSION TO REVIEW, IT STILL HAS TO GO BACK OUT FOR MORE COMMUNITY MEETINGS.

THOSE COMMUNITY MEETINGS OFFICIAL HAVE NOT YET OCCURRED.

IT HAS JUST BEEN THE PLAN, THIS APPLICANT'S PRELIMINARY REQUEST TO WORK WITH THE COMMUNITY. IS THAT CORRECT, MAXINE? THAT IS CORRECT, THAT APPLICATION STILL HAS ONE MORE FINAL COMMUNITY MEETING THAT'S REQUIRED FOR TIME SUBMITTAL.

WHILE THE SITE HAS BEEN SUBMITTED TO OUR OFFICE, IT'S GOING THROUGH THE PROCESS RIGHT NOW AND THEN THEY'RE REQUIRED ONCE THEY HAVE A FINAL DOCUMENT TO DO A MEETING IN THE COMMUNITY APPROXIMATELY 10 DAYS OR SO PRIOR TO THE PUBLIC HEARING.

SO THERE'S ONE MEETING THAT'S OUTSTANDING, THAT IS REQUIRED BY CODE HAS BEEN FILED IN OUR OFFICE. ARE WE'RE WE HAVE HAD ABOUT ONE D.R.C.

MEETING. WE'RE IN THE PROCESS OF GOING BACK AND FORTH WITH CHANGES AND COMMENTS.

AND THEN ONCE WE'RE CLOSER TO A PUBLIC HEARING, THE APPLICANT IS REQUIRED TO DO ONE COMMUNITY MEETING OR THE SITE PLAN.

SO BUT THAT WAS MY POINT.

THERE IS NO FINAL PLAN YET.

AND THAT'S WHAT I'M LOOKING FOR.

THAT IS CORRECT, COMMISSIONER PACHO, WE ARE GOING.

ARE YOU DONE? YES, SORRY.

NO, NO, THANK YOU. I'M COMMISSIONER GELEN.

[04:15:04]

DO YOU HAVE ANOTHER QUESTION, ARE YOU GOOD? I'M GOOD. ALL RIGHT, VICE MAYOR BOLTON.

OK, ROSEMARY NO LONGER WISHES TO SPEAK.

I ALL THE MOST MAGNIFICENT AND BEFORE YOU DO, COMMISSIONER, TO ABOUT COMMISSIONER FISHMAN WISHING TO SPEAK OUT VERY TO MAKE THEM HAPPY AND CONTENT BEFORE YOU DID AND YOU DIDN'T PUT IN FOR ME TO RECOGNIZE YOU.

SO I NEED TO HAVE FISHMAN SPEAK FOR GOOD.

JUST FOR CLARIFICATION.

MAXINE. IF YOU COULD PLEASE ANSWER A QUESTION, WHEN WE DID THAT MEETING THAT COMMISSIONER GEHLEN REFERRED TO THAT LAST UNTIL 5:00 A.M., THAT WAS THE REZONING MEETING, CORRECT.

YOU WERE CONSIDERING AT THAT MEETING THE LAND USE KIND OF AMENDMENT AND FIRST READING, AS WELL AS A REZONING APPLICATION ON FIRST READING, BOTH OF WHICH WILL COME BACK TO YOU AFTER IT'S CONSIDERED BY THE COUNTY AND TRANSMITTED TO THE STATE OF FLORIDA.

THANK YOU. AND COULD THE DEVELOPER HAVE GIVEN US A PLAN PRIOR TO THAT HAPPENING? THAT WOULD HEAT THE DEVELOPER, WOULD BE TAKING A HUGE RISK TO DO THAT, THAT WOULD BE INVESTED IN A SITE PLAN BEFORE A FORMAL APPROVAL.

SO TYPICALLY THAT DOES NOT HAPPEN.

NO. OK, SO THE NORMAL COURSE OF EVENTS IS THAT THE REZONING HAPPENS.

AND THEN DID THEY NOT HAVE TO TAKE THAT TO THE COUNTY COMMISSION AS WELL? THAT IS CORRECT.

THEY WERE SCHEDULED FOR A MARCH MEETING AND DUE TO COVID, THAT MEETING HAS SINCE BEEN POSTPONED. IT HAS NOT BEEN RESCHEDULED.

SO THEY DON'T EVEN HAVE THE APPROVAL OF THE COUNTY YET FOR THE REZONING AND THE LAND USE AMENDMENTS SPECIFICALLY, WHICH HAS TO THEN BE TRANSMITTED TO THE STATE OF FLORIDA UPON APPROVAL BY THE COUNTY.

SO THIS IS.

VERY PRELIMINARY AS FAR AS IF WE WERE GOING TO DO A SURVEY OF ANY KIND.

VERY, VERY PRELIMINARY.

NOT THAT I WOULD AGREE WITH A SURVEY, BUT VERY PRELIMINARY.

UNDERSTOOD. THANK YOU.

THANK YOU, COMMISSIONER.

GO ON. DO YOU STILL WISH? TO SPEAK OR TO MAKE A MOTION.

OK, IF YOU WISH TO MAKE A MOTION, YOU HAVE ALL THE CONVERSATION DONE.

IT APPEARS CONVERSATION IS DONE, BUT I MAKE A MOTION TO DIRECT THE CITY TO HIRE A THIRD PARTY INDEPENDENT FIRM TO SURVEY RESIDENTS ABOUT WHAT THEY GET, THEIR OPINION ON THE POTENTIAL DEVELOPMENT THAT'S BEEN PROPOSED.

MADAM MAYOR, CAN YOU READ CAN YOU REITERATE WHAT COMMISSIONER KELLY SAID? I HAD PROBLEMS HEARING HIM.

WE ALL ARE. OK, COMMISSIONER, I'M GOING TO RESTATE IT.

AND IF I IF NOT CORRECT, COMMISSIONER GELLIN IS WISHING FOR A MOTION TO APPROVE HAVING THE CITY HIRE AN INDEPENDENT THIRD PERSON TO CONDUCT A SURVEY OF THE WOODLAND'S COMMUNITY. IS THAT CORRECT, COMMISSIONER GELLIN? YES. OK, I SECOND THE MOTION.

WE HAVE A MOTION AND A SECOND FLOOR ON THE FLOOR.

I SEE NO OTHER COMMENTS.

SO PLEASE CALL THE ROYAL COMMISSIONER FLOCCO, SORRY, PREMATURE NOW, COMMISSIONER FISHMAN NOW. VICE MAYOR BOLTON, YES, COMMISSIONER GELEN.

YES, AND MAYOR GOMEZ, NO.

THE MOTION FAILED THREE TO TWO.

WE ARE NOW MOVING ALONG TO 13, I BELIEVE IT'S STILL 13, 13 C RESIDENT ASSISTANCE PROGRAM

[c. Resident Assistance Programs Discussion requested by Commissioner Gelin regarding transferring $250,000 from the General Fund and repurposing those funds for Resident Assistance Programs as a result of COVID-19.]

DISCUSSION REQUESTED BY COMMISSIONER GEHLEN REGARDING TRANSFERRING TWO HUNDRED FIFTY THOUSAND DOLLARS FROM THE GENERAL FUND AND REPURPOSING THOSE FUNDS FOR RESIDENT ASSISTANCE PROGRAM AS A RESULT OF COVID-19.

I NEED A MOTION IN A SECOND.

WELL, ACTUALLY, WE'RE NOT GOING TO MOTION.

AND SECOND, WE'RE GOING TO HAVE OUR DISCUSSION.

I'M GOING TO. GIVE US THE FLOOR OVER TO COMMISSIONER JOHN FOR HIS COMMENTS.

YEAH, IF YOU CAN HEAR ME, I'LL JUST CALL RIGHT NOW, I'M USING THE COMPUTER OF THE CALL, BUT I CAN DO THAT.

I GOT A JIMMY. YEAH, OK, SO AS WE ALL KNOW, WE'RE IN SOME UNPRECEDENTED TIME WITH THE COVID-19 PANDEMIC, WITH A LOT OF COMPANIES HAVING TO LAY

[04:20:08]

PEOPLE OFF TO FURLOUGH PEOPLE.

WE'RE ALMOST AT A 40 PERCENT UNEMPLOYMENT RATE MAXIN STATE LEVEL IN OUR AREA OF 14 PERCENT. AND THE PROBLEM WITH THE FINDING THAT WE'RE GETTING THROUGH THE KAHRIZAK AND THE KGB IS REQUIREMENTS DON'T FALL IN LINE WITH REALITY.

AND SO AND THERE ARE PEOPLE WHO HAVE HAD GREAT JOBS AND MADE A GREAT DEAL WHO ARE NOW OUT OF WORK AND DON'T HAVE AN INCOME COMING IN.

AND UNFORTUNATELY, WE DON'T HAVE A REINVESTMENT ACT OR CRM.

SO OTHER CITIES THAT THEY'VE BEEN ABLE TO SPEND, OR AT LEAST FOR A LOT OF DOLLARS AND FUNDING FOR THEIR RESIDENTS AND BUSINESSES, INCLUDING THE CITY OF MARGATE AND THE CITY OF HALLANDALE BEACH. SO WE DON'T WE DON'T HAVE THAT OUTLET.

AND BY SETTING ASIDE SOME FUNDS THAT FALL OUTSIDE OF THE FEDERAL THE FEDERAL INCOME REQUIREMENTS, WE CAN HELP SOME PEOPLE THAT MAY NOT MEET THAT CRITERIA, BUT BUT STILL HAVE A NEED BASED ON SOME CREDIBLE NEWS SOURCES.

I THINK APPROXIMATELY 13 PERCENT OF PEOPLE WHO MAKE OVER 100000 DOLLARS A YEAR HAD BEEN LAID OFF AT CLOSE TO 40 PERCENT OF THE PEOPLE AND MAKE FORTY FIVE THOUSAND DOLLARS OR LESS. SO THERE'S A MIX.

AND OF COURSE, YOU KNOW, YOU GOT UP FOR PEOPLE IN BETWEEN THE 45 AND THE ONE HUNDRED.

BUT WE KNOW THAT THERE ARE PEOPLE IN ALL INCOME RANGES WHO HAVE OF INCOME.

AND SO I THINK AS A CITY, WE NEED TO DO WHAT WE CAN AND DEVELOP OUR OWN PROGRAM WITH OUR OWN INCOME STANDARDS BASED ON THE MEDIAN INCOME FOR THE CITY OF TAMPA AND WHAT WE KNOW ABOUT OUR TAMARAC RESIDENTS AND THEIR DEMOGRAPHICS.

AND GIVEN THE FACT THAT WE HAVE THE DOLLARS WHICH IS PROJECTED TO SPEND SIX DOLLARS MILLION IN 2022 BASED ON OUR 2020 BUDGET.

I DON'T THINK IT HURTS TO PULL OUT TO THE REBELS DOLLARS TO HELP SUPPORT SOME OF OUR RESIDENTS WHO MAYBE IN NEED.

I WOULD LIKE TO GET SOME FEEDBACK FROM THE COMMISSION AND CITY MANAGER AND FINANCE DIRECTOR OR WHOMEVER REGARDING THAT ASK.

COMMISSIONER GEHLEN, BEFORE WE PROCEED, DO YOU NEED A BREAK TO CHANGE LOCATIONS OR ARE YOU OK WHERE YOU ARE? I'M OK.

I AM I MEAN, I'M I'M I'M HOME, BUT, YOU KNOW, LIKE I SAID, YOU GUYS CAME, CALL IT.

NOW WE'RE HEARING YOU JUST FINE, A.

SO. AS MAYOR, YOU WISH TO SPEAK? YES, MADAM MAYOR, I WOULD JUST LIKE AS IT PLEASES YOU TO HEAR FROM THE CITY MANAGER OR THE FINANCE DIRECTOR, WHAT THEY FEEL, HOW THEY FEEL ABOUT THE ITEM THAT COMMISSIONER GELEN HAS PLACED ON THE AGENDA SO THAT I'M.

AT PEACE WITH VOTING YAY OR NAY.

THAT WAS WHERE I WAS GOING UNTIL YOU ASKED ME TO MAKE SURE THE COMMISSIONER GELEN WAS IN A PLACE WHERE WE CAN HEAR HIM.

SO I APPRECIATE THAT.

AND ACTUALLY, LET'S KEEP IN MIND, LADIES AND GENTLEMEN, WE DON'T HAVE TO VOTE ON EVERYTHING. IT'S NOT REQUIRED.

THESE ARE CONVERSATIONS THAT WE ARE HAVING.

CITY MANAGER.

THANK YOU, MADAM MAYOR, FOR THE VERY FIRST QUESTION.

AND TO COMMISSIONER GALEN'S QUESTION.

YOU KNOW, THE MONEY IS AVAILABLE IN RESERVE TO CREATE A PROGRAM AS AS DESCRIBED.

THE ONLY CHALLENGE THAT I SEE IS CREATING A PROCESS FOR THE EQUAL AND EQUITABLE DISTRIBUTION OF THE FUNDS.

YOU KNOW, YOU HEARD COMMISSIONER GELEN SPEAK, AND I'VE SPOKEN TO HIM DIRECTLY ABOUT SOME OF THE CHALLENGES ASSOCIATED WITH THE CBG REQUIREMENTS THAT CAUSE OUR RESIDENTS TO HAVE SOME CHALLENGES IN APPLYING FOR THOSE FUNDS AND OR BEING SUCCESSFUL WITH AN APPLICATION BASED ON THE PARAMETERS THAT EXIST IN THEIR LIVES, WHETHER THEY'RE LOOKING FOR ASSISTANCE WITH A MORTGAGE OR WHETHER THEY'RE LOOKING FOR SOMETHING TO SUPPLEMENT UNEMPLOYMENT OR THEY'RE SIMPLY LOOKING FOR ASSISTANCE WITH A WATER BILL OR A UTILITY BILL.

[04:25:05]

YOU KNOW, THE CHALLENGE, I THINK, IS WITH CREATING A PROCESS THAT'S GOING TO BE, YOU KNOW, FAIR AND EQUITABLE FOR THOSE FOLKS.

AND SO, YOU KNOW, WE WOULD NEED TO TAKE SOME TIME AND GO THROUGH AND TRY TO FIGURE OUT WHAT SOME MEANINGFUL PARAMETERS WOULD BE FOR A PROGRAM LIKE THAT AND HOW AND HOW TO BEST ALLOCATE THOSE FUNDS IN A WAY THAT TRULY HELPS, YOU KNOW, THE PEOPLE THAT NEED IT.

I DON'T THINK THAT THERE'S ANY DISPUTING THE FACT THAT, YOU KNOW, THE COMMUNITY AS A WHOLE, OUR ALL COMMUNITIES HERE IN BROWARD AND ACROSS THE COUNTRY ARE CHALLENGED RIGHT NOW FINANCIALLY.

AND SO THIS IS, I DON'T THINK, A DIFFICULT DECISION TO SAY WE WANT TO SUPPORT THE COMMUNITY. I THINK THE CHALLENGE FOR STAFF WILL BE COMING UP WITH A PROGRAM THAT HAS GUIDELINES THAT GETS THE MONEY TO THE PEOPLE IN A HURRY.

BUT AT THE SAME TIME, I'M SORRY, I'M HAVING A HARD TIME HEARING MYSELF OVER THE BREAK RIGHT NOW. SO I'LL JUST I'LL CONCLUDE JUST BY SAYING, YES, THE MONEY IS AVAILABLE.

THE CHALLENGE WILL BE COMING UP WITH SOME PARAMETERS TO DISTRIBUTE THAT MONEY IN A FAIR AND EQUITABLE WAY. AND, YOU KNOW, IF THE COMMISSION'S DIRECTION IS TO TAKE A STAB AT THAT, WE WOULD CERTAINLY WELCOME.

I'M GOING TO VIEW MYSELF.

OK. THANK YOU.

I THINK ONE OF THE ONE OF THE KIND OF NEW SYSTEM POLICE COMMISSIONER GOING IS THE ONE OF THE ADDITIONAL CHALLENGES.

AND ONE OF THE REASONS WHY I WANTED TO BRING THIS UP ALSO IS BECAUSE WE KNOW THAT FLORIDA RANKS DEAD LAST AND HAVING THE WORST UNEMPLOYMENT SYSTEM IN THE COUNTRY.

SO A LOT OF PEOPLE WHO QUALIFY FOR UNEMPLOYMENT CAN'T GET OR GOT IT LAID LOW.

YOU KNOW, I WAS UNEMPLOYED IN THE TOWN AND WAS WORKING AND MOM IN HOUSTON WITH A FULL SALARY. AND I WAS SHOCKED TO COME BACK AND FIND OUT THAT UNEMPLOYMENT WAS ONLY TWO SEVENTY FIVE DOLLARS A WEEK.

SO SO THERE'S NOTHING YOU CAN DO ABOUT THAT.

AND THEN IN TWENTY TWENTY THOUSAND OUT OF THE ONE IN TWENTY TWENTY, IT'S THAT SAME 20 SOMETHING, BUT NOT ADJUSTED FOR INFLATION AT ALL.

AND SO THAT'S WHY I WAS ASKING EARLIER ABOUT DATA ON WHAT WE KNOW ABOUT OUR RESIDENTS IN TAMARACK AND WHAT WE CAN DO TO TRY AND HELP THEM OUT.

AND OBVIOUSLY, I WISH WE DIDN'T HAVE TO GO THIS ROUTE, BUT THE GOVERNMENT GAVE A ONE TIME CHECK. THAT'S NOTHING THEY REALLY HAVEN'T DONE ENOUGH TO TO HELP OUR RESIDENTS.

AND WE CAN'T DO ENOUGH TO HELP OUR RESIDENTS EITHER.

BUT MAYBE WE CAN DO SOMETHING.

THANK YOU, COMMISSIONER GEHLEN, ACTUALLY, VICE MAYOR BOLTON STILL HAD THE FLOOR, SO VICE MAYOR BOLTON. THANK YOU, MR. MAYOR. I WILL JUST YIELD FROM NOW, BUT I WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO COMMISSIONER GALLANT'S MOTION WHENEVER THE TIME IS APPROPRIATE.

THERE'S ACTUALLY NO MOTIONS ON THE TABLE TO SUBSTITUTE ANY MOTIONS TO BE HAD.

THIS IS A DISCUSSION AT THIS TIME ON WHETHER OR NOT THERE WILL BE A POTENTIAL MOTION IS STILL QUESTIONABLE. SO IF I ARE, YOU CAN MOVE TO BECOME LEGAL AND CAN MAKE A MOTION THAT I'LL MAKE MYSELF TO THE SUBSEQUENT MOTION AFTER THAT SUBSTITUTE.

OK, WELL, AT THIS TIME WE HAVE MICHELLE FLOCCO.

THAT WAS THE SPEAKER. THANK YOU.

YOU KNOW, I'M NOT SURE WHO SAID IT, BUT WE CAN NEVER DO ENOUGH FOR OUR RESIDENTS.

I GET THAT.

AND I HAVE NO PROBLEM ENTERTAINING THIS, BUT I NEED SOME SOME GUIDELINES OF HOW EXACTLY TO DO THIS.

AND I UNDERSTAND CONDITION AND SAYING, YOU KNOW, TO DO TRY AND MAKE THE GUIDELINES A LITTLE BIT EASIER THAN GOING THROUGH OUR G, BUT I STILL DON'T KNOW WHAT THEY ARE AND HOW WE DO THAT. HOW ARE WE FAIR TO OUR RESIDENTS? HOW DO WE MAKE SURE THAT WE ARE BEING FAIR TO THEM IN OUR PROCESS? SO I THINK MAYBE THIS STUFF COULD COME UP WITH SOME GUIDELINES OF HOW WE DO THIS MIGHT BE HELPFUL, BUT I CERTAINLY WOULD ENTERTAIN SOMETHING LIKE THAT.

THANK YOU. I'M SORRY, MAYOR.

NO, I APPRECIATE IT.

THANK YOU. I'M HAVING A HURRICANE HERE.

I THINK SO.

IT'S.

[04:30:09]

ALL RIGHT, LADIES AND GENTS, SO.

THERE ARE NO MOTIONS ON THE FLOOR AT THIS POINT, AND SO I'LL MAKE A MOTION, SO AGAIN, SO WE HAVE SOMEWHAT OF A PROGRAM IN PLACE NOW THAT CAN BE A FRAMEWORK THAT WE START FROM.

WE CAN ALSO LOOK AT THE PARAMETERS ESTABLISHED BY THE CITY OF HALLANDALE BEACH IN THE CITY OF MARIGOT. AND I BELIEVE THE CITY OF MIRAMAR DID SOMETHING WITH FIVE OR TEN THOUSAND. SO WE CAN LOOK AT OTHER OTHER CITIES AND SEE WHAT THEY'VE DONE.

AND SO I'LL MAKE A MOTION TO DIRECT STAFF TO CREATE A PROGRAM TO HELP FUND RESIDENTS IN NEED.

DUDE, WITH 19 USING AN AMOUNT OF NO MORE THAN 20 RESERVE ACCOUNT TO HELP ESTABLISH A FUND TO RESIDENTS.

MADAM MAYOR, I WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO MOVE LIKE GALEN'S MOTION, SUBJECT TO STAFF, LOOKING AT THE SUBJECT JUST A LITTLE BIT MORE, COMING UP WITH GUIDELINES AND MOVING THE PRICE TAG AND THE REQUIREMENTS ALL AT THE SAME TIME AT THE NEXT COMMISSION MEETING. WE ACTUALLY DON'T HAVE A MOTION.

WE DON'T HAVE A SECOND AND A MOTION ON ANYTHING RIGHT NOW, SO THE MAIN MOTION, METAMORA, THE MOTION IS ON IS ON THE ON THE TABLE.

IT'S NOT YET BEEN SECONDED TO GO TO THE FLOOR OF THE VICE MAYOR AS A RIFLE MOTION TO MAKE. BUT BUT HE'S NOT SUBSTITUTING THAT MOTION FOR WHAT IS YET TO BE SECONDED BY THE FIRST MOTION. SO PROCEDURALLY, THERE NEEDS TO BE A SECOND ON COMMISSIONER GELLMAN'S MOTION AND THEN POTENTIALLY THE SUBSTITUTE OFFERING BY THE VICE MAYOR.

SAM, AS YOU KNOW, SUBSTITUTE MOTIONS COME, COME WITH FOUR MAIN MOTIONS, BUT YOU NEED A SECOND IN THE MOTION. OK, I SECOND COMMISSIONER GALEN'S MOTION.

NOW YOU CAN MAKE A SUBSTITUTE MOTION.

YES. AND NOW I MAKE MY SUBSTITUTE MOTION STATING WHAT I SAID BEFORE.

SECOND, IS THERE ANY FURTHER DISCUSSION ON THIS ITEM? COULD THE VICE MAYOR CLARIFY WHAT HIS MOTION IS? YES, PLEASE. OK, AN EXPLANATION.

I WANT TO I WANT STAFF TO BE DIRECTED TO COME UP WITH GUIDELINES FOR HOW THE MONEY WILL BE DISTRIBUTED, WHAT THE PRICE TAG IS.

SO BASICALLY, WE WANT A FULL PACKAGE TO COME BACK TO US AT THE NEXT COMMISSION MEETING, BEARING IN MIND THAT THERE ARE RESIDENTS IN THE COMMUNITY WHO USED TO WORK VERY GOOD JOBS. HOWEVER, THEY HAVE LOST THEIR JOBS OR HAVE BEEN FURLOUGHED AND THEY'RE NOT ABLE TO SUSTAIN THEMSELVES DURING THE PANDEMIC.

SO THAT HAS TO BE MINDFUL OF THOSE OF THOSE RESIDENTS AS WELL.

SO I WANT STAFF TO GO BACK OUT, DESIGN A PROGRAM, BRING THAT PROGRAM BACK WITH A PRICE TAG, ALL IN ONE PACKAGE AT THE NEXT COMMISSION MEETING, READY FOR THE VOTE ON.

MAY I ASK A QUESTION? YEAH, BUT I LIKE A PRICE TAG ON IT.

THE TWO HUNDRED AND FIFTY THOUSAND DOLLARS, THIS IS IS FINE WITH ME.

OK, ALL RIGHT.

I JUST WANT TO CLARIFY THAT.

ALL RIGHT. THANK YOU, MR. GAGNON. YOU HAVE A QUESTION? NOT REALLY JUST A STATEMENT.

I DON'T THINK MY MOTION IS ANY DIFFERENT THAN WHAT I WAS ASKING FOR, THE INDEPENDENT COMMISSION OF BATHMAT BOLTON IS ASKING FOR.

SO I THINK HE WORDED DIFFERENTLY, BUT IT'S ESSENTIALLY THE SAME THING.

I HAVE A QUESTION FOR THIS, IF I MAY, MAYOR, I CAN TYPE, BUT IT WOULD TAKE SOME TIME FOR ME TO DO SO. THE DIFFERENCE WITH COMMISSIONER GALLANT'S MOTION AND MY MOTION IS THAT HE WANTS TO MOVE A PROGRAM FOR TWO HUNDRED AND FIFTY THOUSAND DOLLARS WITHOUT GUIDELINES.

I WANT TO SEE THE GUIDELINES AND THE TWO HUNDRED AND FIFTY THOUSAND DOLLARS TO FIND OUT HOW THAT TWO HUNDRED AND FIFTY THOUSAND DOLLARS WOULD BE SPENT AND IF IT WOULD BE BENEFICIAL TO THE RESIDENTS IN A CITY WIDE SO THAT THEY CAN TAKE ADVANTAGE OF THE PROGRAM. OK, THANK YOU, I HAVE A QUESTION FOR OUR CITY MANAGER, WHICH WOULD POSSIBLY THEN GO TO OUR DIRECTOR OF FINANCE.

WE CURRENTLY HAVE BUDGET MEETINGS OR DISCUSSION OVER THE NEXT COUPLE OF WEEKS.

[04:35:05]

SO I UNDERSTAND WHAT THE GENTLEMAN, THE COMMISSIONER AND THE VICE MAYOR ARE SAYING, BECAUSE THERE ARE PEOPLE WHO ARE NOT IN THE CATEGORIES THAT ANY FUNDS DO ASSIST.

BUT WE'RE IN THE MIDDLE OF DEALING WITH A TWO POINT THREE MILLION DOLLAR REVENUE REDUCTION THAT WE CURRENTLY HAVE THAT WE WERE GOING TO BE DISCUSSING STARTING NEXT WEEK.

SO I UNDERSTAND THERE'S A REQUEST BY THE VICE MAYOR FOR A TIMELINE TO HAVE THIS AT OUR NEXT MEETING, WHICH I BELIEVE IS JUNE 10TH, IF I GOT MY MEMORY CORRECT.

MY QUESTION IS MORE OF A CONCERN ABOUT BEING ABLE TO GET THINGS DONE IN PLACE, CONSIDERING THE CONVERSATION WE'RE GOING TO BE HAVING NEXT WEEK IN ORDER TO HAVE A ROLLOUT OF A PROGRAM. WITHIN THAT TIMELINE, SO I DON'T KNOW IF IT'S A FRIENDLY AMENDMENT, I DON'T KNOW IF IT'S A REQUEST FOR SOME, BUT TO BE ABLE TO DO THIS IN A PROPER MANNER.

MADAM MAYOR, IF I MAY, WE CAN LEAVE IT FOR THE NEXT MEETING, BUT HIS STAFF IS NOT READY AT THE NEXT MEETING. WE CAN SIMPLY MOVE IT TO THE MEETING AFTER THAT.

BUT GIVEN THE URGENCY OF COALBED AND WHAT OUR RESIDENTS ARE GOING THROUGH, I THINK IT IS PRUDENT FOR US TO AT LEAST PUT SOME URGENCY ON IT AND MAKE IT FOR THE NEXT MEETING.

UNDERSTOOD. SO, CITY MANAGER, IS THIS SOMETHING THAT WE CAN ROLL INTO OUR NEXT BUDGET MEETING THAT WE ARE DISCUSSING SO THAT IF YOU ARE APPOINTED TO THE BEISNER POINT, YOU HAVE THE NEXT WEEK? AND SO I THINK WE'LL BE ABLE TO GIVE YOU A PROGRESS REPORT NEXT WEEK IN TERMS OF WHERE WHERE WE'RE GOING WITH THE PROGRAM.

THANK YOU VERY MUCH. AS WE TECHNICALLY DON'T NEED THEM, WE STILL THEM DO YOU STILL WANT US TO DO ROLL CALL ON THIS? IT'S NOT, YES, BECAUSE IT'S OK.

SO THEN IT WOULD WORK OUT MOTION BY THE VICE MAYOR AND THE RULES FOR CMT REQUIRE IT NOW.

ALL RIGHT. SO CITY CLERK, THIS GUY.

AND WE'RE VOTING ON THE SUBSTITUTE MOTION, RIGHT? YES. YES.

COMMISSIONER FISHMAN, YES.

MR. POLACCO, YES, MR. GALLIN, YES, AND MAYOR GOMEZ, YES, FOR THE RECORD, UNANIMOUSLY, THE MAYOR, THE SUBSTITUTE MOTION PREVAILS AND IT WAS IN THE INITIAL DISCUSSION BY COMMISSIONER GEHLEN AND THAT MOTION OR MERGED WITHIN THE SUBSTITUTE MOTION IN THAT PREVAILS AS REPORTED BY THE VICE MAYOR. AND IF YOU WOULD, JUST FOR CLARIFICATION PURPOSES, I KNOW THAT WE'RE HAVING SOME SPOTTY AND SOME WEATHER ISSUES.

CITY CLERK, WILL YOU PLEASE JUST READ BACK WHAT THE MOTION IS? THE THE MOTION WAS TO DIRECT STAFF TO COME UP WITH A FULL PACKAGE, INCLUDING A PRICE TAG, AND HOW THE MONEY WOULD BE DISTRIBUTED FOR THE NEXT MEETING.

THANK YOU VERY MUCH, LADIES AND GENTLEMEN, AS THERE IS NOTHING FURTHER.

IT IS CURRENTLY TWO THIRTY EIGHT.

THANK YOU VERY MUCH FOR YOUR TIME IF YOU ARE LEAVING YOUR HOMES TO GO OUT.

PLEASE BE SAFE. THANK YOU.

SEE YOU IN A COUPLE OF WEEKS BY.

* This transcript was compiled from uncorrected Closed Captioning.