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A closed door session, as we turn from dinner, and we now, is my mic not working, is it working okay? All right.

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This is not a carnival. This is a city commission meeting. So please don't yell while someone else is talking. Thank you.

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So the closed door session is now concluded and the public meeting is now reopened.

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uh... at this time i'd like to recess the conference meeting and open the regular meeting

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and with that i'd like to invite everybody to please rise at the join in the

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pledge of allegiance

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and in doing so i'd like to invite ashley san germane

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julia san germane

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for windy Vincent and roost surely a jean marie to join me at the podium so we can

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together recite the pledge of allegiance

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good much to be here come over here

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You all know the pledge of allegiance. Let's say you're going to put you right hand on your heart

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You're okay, you're right hand on your heart. No, you're right hand on your right hand on your heart very good. Okay, and get a little closer

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It's all up to

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I

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Okay.

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Hello.

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Hello.

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Now are your families here?

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You're your mom, your dad, or any of your family with you tonight?

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No, no.

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They're not with you.

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No relatives.

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Nobody can't but you're to know it.

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I don't want to add.

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I can't.

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I don't want to add.

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You want to add.

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You want to take a picture with us?

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Just what are little.

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What's the one on ladies tonight?

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Who said to pledge?

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Please join them.

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Just in.

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Okay.

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Ready?

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We're all looking here.

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One, two, three.

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We're going to do one more at one, two, three.

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Perfect.

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Thank you.

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Thank you.

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Thank you so much.

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Thank you for coming.

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I appreciate it.

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We have a little gift back for you, okay?

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You're welcome.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Okay.

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So for those of you are here for the first time.

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Welcome.

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We appreciate your attending. We're going to take things a little bit out of order. First of all,

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I teach to let you all know that we did not finish our conference meeting this afternoon.

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We had one more item left. So I'm going to reopen that conference meeting.

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We're going to have the conversation regarding that.

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Then we're going to suspend the conference meeting.

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And we're going to come back to the regular meeting.

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And at that time we're going to take out of order the issue regarding the, the, the,

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uh, uh, uh, uh, what's the word I'm thinking of?

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The, uh, uh, uh, the, the, the, the bar issue.

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And, uh, so we'll take that out of order.

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So because I know a lot of you are here tonight and I don't want you to wait all night for that to happen.

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So we'll take that up front and then that way those who need to speak will be able to speak tonight

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and be able to get back to your families.

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But before we go back into the conference meeting, we have a few presentations that I like to make.

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But before we even get there, we add a normally at our meetings, and we ask everybody's share in a moment of silence,

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which we'd like to do right now. Thank you.

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Thank you.

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Also, I can do this later at the retirement.

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Okay. So, Mr. Clerk, please call the roll.

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Mr. Glasman, here, Commissioner Beesley-Pimman.

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Here, Commissioner Sorenson.

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Here, Mayor Trentals.

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Here.

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With regard to the agenda, we have OFR-2,

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the only revision exhibit six resolution

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the header was revised.

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Other than that, do I hear a motion

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to approve the minutes and the agenda as amended?

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Second.

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Move the second, please call the roll.

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Vice Mayor Herbs?

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Mr. Glasman? Yes. Mr. Beesley Pippman? Yes. Mr. Sornson? Yes.

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Mayor Trentals. Yes. And the minutes and the agenda as amended are now approved. So we have

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of, we have three presentations tonight. First, like to invite Susan Leone, our chief

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education officer to the podium, who's going to present to the Fort Laurel High School Innovation

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Zone Student Recognition. Susan? Good evening and thank you. The City Manager's office in the City

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of Fort Lauderdale recognizes that acknowledging and valuing students can significantly increase

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their self-esteem and their self-confidence. Recognition and power students

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do more fully engage in their education and in their community. This student recognition

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program is based on the eight essential core character traits, as identified after extensive

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public involvement by the Barrett County School Board. Those eight essential core character

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our cooperation, responsibility, citizenship, kindness, respect, honesty, self-control, and tolerance.

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So as I call your name, please come up for your recognition, and I'm going to ask after we give you your certificate that you stay up here in front for photo afterwards.

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So from Bayview Elementary School, I'd like to welcome Mary Wallace.

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Mary is fifth grader at baby elementary school who demonstrates her remarkable blend of academic excellence and exemplary character.

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She exhibits strong leadership qualities and is one of the morning school morning announcement anchors at her school

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and shows a strong passion for science and is an active participant in the STEM program in Broward County, so congratulations, Mary.

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Okay, now we're going to move to Bennet Elementary and Beatrice Magumbay Anabha.

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Beatrice as a fifth grader who just arrived last school year and has already become a bright light on her campus.

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She is fluent both in French and English and is courteous, respectful and enthusiastic with their students and anyone she meets.

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She enjoys playing golf and tennis, and wants to become both a lawyer and a model.

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She has been heard saying if it is not the right thing to do, I don't do it.

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Next up from Harvard Elementary School, we have Jewel Seagull.

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Jewel is a fifth grade student who demonstrates outstanding respect, responsibility, fairness,

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caring, citizenship, and a consistent basis.

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She is the leader in their peace-rangers group

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and actively promotes kindness.

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Her ability to lead by example,

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encouraging inclusivity, inspires her classmates

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and is a true role model in her school, congratulations.

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From north side elementary school,

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we have Grace Miriam Castro Rivera.

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Okay, we'll wait and see if Grace comes.

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We're going to move on to Walker Elementary School

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and Brandon's so home.

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Brandon is a fifth grader at Walker Elementary School

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and is an outstanding student

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who consistently demonstrates excellence

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in every aspect of his life.

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He approaches challenges with integrity

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and sets a strong example for others.

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Congratulations, Brandon.

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Next from Sunrise Middle School,

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we have Zoe Williard.

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Zoe is an exceptional young lady at Sunrise Middle School who demonstrates

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all of these core character traits and has a smile that can light up a room and is a

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leader among her peers. Congratulations Zoe.

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Also, we have Gregory Johnson.

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Gregory

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is an eighth grader at Sunrise Middle School who is new to us this year and is only

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been here for five months yet is made himself one of the top students at the school,

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congratulations to Gregory.

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From Fort Lauderdale High School, we have Josiah Defoglubber.

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Josiah has been the student class president.

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President for four years and is graduating this year in 2026. She's involved in community service and has logged over 594 community service hours. That deserves its own cloud.

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What should you do in her spirit? She did all that while still maintaining top 15% of her class and capped enough her cheerleading squad.

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She also participates in the Cambridge Program and embodies what it means to be an outstanding student, congratulations to Hayes.

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From Widen Rogers Education Center, and Nayet Young,

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a Nayet possesses a truly remarkable blend of leadership and service and is a natural collaborator and communicator,

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and has honoured skills on the debate team and as part of student government association.

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She understands the importance of presentation, teamwork, and grace, and has a creative eye in the student photography club, so congratulations to Anaya.

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Now is photo op time.

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Where's Ellen?

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All right, that was great.

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Now I'd like to invite the Vice Mayor, who will be presenting a proclamation regarding the Fortloaded El High School diving team day here in the city of Fortloaded El.

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like to invite the principal Aaron Brown assistant principal Edward Rodriguez athletic director

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Timothy Lawrence head of swimming and diving coach Adam Drucker diving coach Greg

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boardman and members of the Fort Lauderdale High School diving team.

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So while we wait for everybody to come up here I've been informed that our own Mr. Bob

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our assistant city attorney won this back in 1966. So wow, there's a long tradition of this.

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So, but that's it. It wasn't open until 1965.

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But you got to remember Bob was also a lifeguard for the city. I think when he was like 14.

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Yeah. Good, good, good opportunity there.

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Well, thank you everybody. So in recognition of the Fort Lottodale High School diving team,

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2025 F-H-S-A-A-A-Class III state champions.

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Whereas, Fault Lododale High School has a proud tradition of academic and athletic excellence,

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fostering student achievement through leadership, discipline, and sportsmanship.

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And whereas the Fault Lododale High School dive team delivered an outstanding performance

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at the Florida High School Athletic Association State Swimming and Diving Championships

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held in O'Cowla, Florida, showcasing exceptional talent, preparation, and perseverance on the

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state's highest competitive stage. And whereas, O'Cowla, the high school achieved a historic

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sweep of the class 3A diving titles, demonstrating dominance and depth with its diving program

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and affirming the school's reputation as a leader in inter-scholastic athletics. And whereas,

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Well, a lot of their high school junior West Pocker. I hope I pronounced it right captured the class 3A boy state diving championship

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earning first place with an outstanding score of

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563.40

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How am I clap?

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And senior Aiden for rank. I hope I got that one right capture the class

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S3A State Diving Championship with a winning score of 455.45. Again, there we go.

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Together exemplifying exceptional

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skill, focus, and poise under pressure while solidifying fought low to the high school suite of the

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class 3A diving titles. And whereas, senior, Sophia, Cabaretta earned state runner-up honors with an

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us through determination and competitive spirit.

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Come on.

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Sit.

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And whereas senior ginger boardman plays 6th in the class 3A diving competition, further

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strengthening Fort Lottodale High School's commanding presence at the state meet.

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Come on.

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There we go.

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All right.

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And whereas the accomplishments of the Fort Lottodale High School dive team reflect the

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dedication of its student athletes, the leadership of its coaching staff, and the unwavering

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support of families, educators, and the greater school community.

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And whereas the City of Fort Lottodale is proud to recognize the Fort Lottodale High School

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Diving Team for its exceptional sportsmanship and representation of the city on a statewide

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level.

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And by the way, my daughter graduated Fort Lottodale High School.

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So let's go, guys.

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Now, therefore, we as City Commissioners at the City of Fort Lottodale do hereby proclaim

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January 20th, 2026 as Fort Lottodale High School Diving Team Day.

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In the city of Fort Lauderdale, and encourage all of our neighbors to join us in congratulating

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Principal Erin Brown, Assistant Principal Edward Rodriguez, Athletic Director, Timothy Lawrence,

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Head Swimming and Diving Coach Adam Drucker, Diving Coach Greg Bordman, and the Flying

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Hills Diving Team on their title winning performance at the FHSAA Class 3 stage championship

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day to this 20th day of January 2026, signed by our Mayor Dean Jay Tranthales.

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Congratulations, everybody.

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Guys, guys, come in.

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Okay, let's listen.

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Come in.

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We'll give you back for that, sir.

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Thank

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you, Vice Mayor.

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Now I'd like to invite Louisa Agathon,

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who's the neighborhood support division manager

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to introduce to us and recognize the 14th graduating class

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of the Neighbor Leadership Academy.

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Good evening, Mayor.

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commissioners, neighbors, Luis Agathon with neighbor support and to tell you a little bit more about

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neighbor support and our neighbor leadership academy is Jordan Wingey.

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Good evening mayor, vice mayor, commissioner staff and neighbors. Actually, before I start,

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can I have the class come up and send it to the front please?

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Jordan Wingey on behalf of neighbor support

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to congratulate the 14th graduating class of neighbor leadership academy. The neighbor leadership academy

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let's neighbors experience a six-week curriculum where they learn about how the city operates

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and interact with commissioners and gain an overall insight into the world of local government.

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After the six-week curriculum participants volunteer their time and ways to improve their communities.

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Class 14 hosted an empowerment village with the goal of providing resources from local community

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organizations. These resources included job opportunities, toys for kids, family advocacy,

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book giveaways and household cleaning supplies. The neighbor leadership academy began in 2017

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and as of today, we'll have graduated 267 graduates.

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This is possible because of the support from the Council of Fort Laudio Civic Association,

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the City Commission, City staff, and neighbors for volunteering their time to learn more about our great city.

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I'd like to welcome one of our graduates Jose Ragero, if you don't mind coming up,

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to share his thoughts about the program.

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District 1 resident.

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Good evening.

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I'd like to, on behalf of our team, thank the city for this opportunity,

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which is amazing and in many ways

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To be chosen for something as special as this program. And it wasn't just what we learned about the business, but it was the enthusiasm, motivation and love that the leaders of the city obviously had in sharing it with us.

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And that's very infectious for us. As a group you can see, as diverse as any other group, but we all share a common wish, and that is to be able to get involved and help the community be better.

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Yesterday, as Jordan mentioned, we delivered a little bit on that promise, and I was sneaking suspicion that we're going to do a lot more together.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Jose and class 14.

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I look forward to seeing you all become future community leaders and congratulations to class 14.

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Very nice.

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And if you want to sit up here for the rest of the night, just let me know.

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Okay.

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All right.

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So now we're going to suspend the evening meeting right now so we can go back into the conference meeting and finish that one item of business and then we'll come back and we'll talk about the entertainment district item that's on the evening agenda.

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So,

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yeah, folks, there's plenty of seats in front here.

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You're welcome to sit as people leave the meeting.

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Okay, business too.

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Presentation of the Fort L'Oreal Executive Airport's history,

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economic impact, revenue, capital improvement plan,

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and leasing policy, city manager.

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Mayor, we have airport director, Rufus James,

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for my presentation.

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Good evening.

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Good evening, Mayor.

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by smair commissioners. And to be at the presentation. Okay.

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As it's coming up,

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a Rufus James airport directed at the Fort Waterdale Executive Airport.

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I want to thank you in advance for this opportunity. I know it's often you hear great things about

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the airport. Not necessarily from me, but from the operators, the users and so forth. So I'm

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grateful for the opportunity to share with you the past, the present, and to seek feedback on what our

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future is going to look like at the executive airport.

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So we'll look at briefly the vision and mission, providing airport overview, look at our economic

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development, airport revenue, capital improvement plan, our leasing policy, transaction fee,

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and challenges.

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Vision of the airport is to be the best general aviation airport in the nation.

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And our mission is to track businesses to the area, help those tenants prosper, and also

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benefit to the community. Going back to 1941, the airport was constructed in preparation for World War II.

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As most of you know, for his from a history standpoint, there was a military-based

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naval base at Lauderdale International Airport. Lauderdale Executive Airport, which is known as

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Prosthic Field at the time, was actually a practice field for those aviators to do

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here, there are multiple runways that exist in. And for reference purposes, the top part of the

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picture there is Cyprus Creek Boulevard. To the south is what's known as Prospic Road today,

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and if you look to the right, you can see the beginning remnants of what is today

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the inner Miami soccer facility.

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So we go into the 1960s.

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And with the previous slide, the airport remained in that state all the way through the 50s. As we go into the 60s, you can see the development that has occurred within the 15 years that the airport had been dated to the city.

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And so from those images, you can see residential development, start an encroach and also on the airport, there isn't as much activity.

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And, again, for reference point, left side of the screen is your, what's known today as Twin Lakes.

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The right side of the screen, again, I mentioned earlier was Cyprus Creek Road.

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And to the bottom of the page, again, we can see that Lockhart Stadium and the Yankees Spring Training Facility

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came into the fold.

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Now, during the 60s, going into the 70s, the airport did see some of that improvement

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come along.

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However, there was limited aviation activity, unfortunately at the time, the airport operated

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at a loss, it depended on local taxes to prop up the airport.

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And also what was done and unfortunate at the time, but land was sold in order to generate

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revenue to take care of some of the capital improvements at the airport.

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And obviously, as I mentioned earlier, the encroachment of nearby residential

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areas, forgive me.

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But interestingly enough, if you look at the picture here over the right shoulder of Yogi Barra is the cab

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or the air traffic control tower cab that sat on the stadium. Thankfully, going into the 70s,

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the base building was constructed on the west side of the airfield and they took that actual

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cab and placed it on the base building. Today we do have a state of the auditor traffic control tower.

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During the 70s, we did have customs and border protection. We also had our first airport rescue

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and firefighting equipment at the airport.

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And thankfully, the decision was made during the 70s

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to stop selling property, airport property.

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And to really go into a program

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that would generate long lasting revenue for the airport.

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And believe it or not, by the 1980s, early 1980s,

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1981 to be exact, the airport experiences first

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profit in 36 years. Not much, but still something, it was about $70,000. That was generated.

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What I can't share with you is that since generating that profit, the airport has continued

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to be operated to operate in the black, not to depend on city general fund anymore. And the

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money that was borrowed from the general fund back in the 60s and 70s, I can probably say,

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was paid back to the general fund with interest as well.

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So today we're no longer a drain on the general fund, thankfully.

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But at that time, when they were able to generate that revenue, the article is quoted

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with Bill Johnson, the airport manager at the time, did make reference to the fact that

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the economy was starting to get better.

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And so that really made a difference where more developers started coming to the airport to construct hangers, which helped the airports bottom line.

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Today, we're fully developed.

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Not many airports in the country, that's of a general aviation statute can say that, but as you can see from this aerial map, we are fully developed.

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Again, for reference point, north side of the top of the page is Cyprus Creek Boulevard,

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commercial Boulevard to the south, the well-feel to the left and in Miami's

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Socus Stadium in place today.

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The year point is made up of the staff of 22 people that report to our Deputy City Manager,

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and a part of the City Manager's office, and of those 22 staff members, it's everything

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from our maintenance staff, administrative staff, our operations team, an airport

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00:29:41,420 --> 00:29:46,140
electrician airport engineer, to maintain the airport and ensure that it's

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available for use on a daily basis.

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Certainly, the airport is an integral part of the city's economic business

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development program and we've accomplished a lot.

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Not over the last 79 years. When you look at what the year, what is made up of, it's a thousand acre campus. There's also an industrial park.

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I was made up of 200 acres. And in that industrial park, you have two million square feet of warehouse and office space.

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The other thing that we've done to add another two to our toolbox is have a foreign trade zone.

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The good thing with our foreign trade zone, we're not limited to one location in the county.

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We can go anywhere in the county to set up a foreign trade zone.

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Some other economic development points, we are in the top five of the busiest general aviation

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airports in the country, with the busiest general aviation customs clearance facility.

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And to be honest, we do fluctuate or go back and forth with FLL that has customs and border

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protection on the general aviation side of the house. We have four fixed-based operators,

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00:31:01,060 --> 00:31:02,840
600-based aircraft,

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a 24-year traffic control tower, and also an on-site 24-hour airport

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rescue and firefighting facility.

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So, every four years, the Florida Department of Transportation

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does an economic impact study of the 129 airports in the state. And FXE from the 1222 study

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00:31:28,080 --> 00:31:33,100
that was done is generating an economic output of $3.9 billion.

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Payroll is about $1.2 billion.

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Value added is $2 billion and 23,000 jobs

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approximately are supported by the airport.

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Now to demonstrate to you how much growth has happened

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at the airport in the last 10 years.

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In 2014, that economic impact was that about $839 million.

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And in 2019 when the other one was completed, that jumped to 2.1 billion and today this is a 2023 obviously but we are in the process of preparing for an update for DOT but 2023 that went to 3.9 billion dollars.

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So a lot of economic activity, and it doesn't say on the airport, it does go to other parts of the city, the county, and so forth.

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So the airport is definitely a major economic engine for the city and the county.

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And of course, we do like to keep tallies and you can see from this list here,

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FXE is ranked number seven out of the 129 airports for greatest economic impact.

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and so forth. And those airports that are on this top 10 list are all commercial service

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airports. FXC is a general aviation airport. We do not have commercial airlines at that

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airport. So a real testament has to what goes on at the airport. So how do we generate revenue?

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And before I go into that, it's worth noting that back in 1947 when the airport was needed to the

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It came with strings attached and the FAA has what's known as grant assurances, which basically

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ensures that the airport is able to remain self-sustaining.

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And there are a total of 40 grant assurances.

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So typically there are these five that typically can get airports in trouble if they don't

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adhere to these grant assurances.

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uh... granite sure it's number five preserving rights and powers

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granite sure it's twenty two and twenty three kind of go hand in hand uh... typically

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you will have

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a violation of one with the other because there's some exclusive right that's

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been given to one entity

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or you may have discriminated against another entity from coming on to the

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airport and conducting business

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granite sure it's twenty four

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you feed in rental structure it's keeping that standard

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And then, of course, Granite Shores 25 airport revenues, basically ensuring that any revenue that's generated from the airport businesses must remain at the airport and not to be used for other expenses.

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Today, as we look forward to the 2020 6 fiscal year, the revenues that we generate, it's about $13.3 million.

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And that derives from 37 leases, 17 of those aviation, 20 or non-aviation.

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We also have other revenues from fuel flowage fees, the foreign trade zone fees, and other

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00:34:41,150 --> 00:34:42,990
city leases at the airport.

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Our expenses are about 10.3 million for 26, and that's made up of personal services, operating

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00:34:52,110 --> 00:34:54,610
expenses, and capital outlay.

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We've been very fortunate over the years to be able to.

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This is supplement our budget with grant funding from the FAA and the FDOT. Without that grant funding from both of those agencies, it would be really difficult for the airport to get to the point where they are today.

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And that is more or less providing the services and the amenities for the businesses on the airport to be able to attract businesses as well.

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And so I won't doubt too much into this, but what I can share with you from our, from the last five years, we were able to generate approximately about 30 million dollars in grant funding from the FAA and FDOT combined.

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The airport's portion was about five million dollars. Thankfully, we do have the healthy reserve, and that healthy reserve does come from the ability to get that supplemental grant funding from FAA and DOT.

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looking into the future five years out and this is how we typically plan our

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capital improvement projects. It is through a 20-year master plan, but every year

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we do meet with the FAA and DOT to look at that five-year outlook of what

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projects we have to complete and what funding is available as well. And so in the

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previous slide you'd have seen that the airport had about maybe three million

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dollars of expenses that would have gone into the capital projects and so forth.

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And as you can see with this slide, it's now at almost $9 million over the course of the

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next five years.

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What we do anticipate from getting from the Florida Department of Transportation is the

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FAA, it's about $25 million.

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Now, we've learned lately that's not a guarantee.

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We can only hope that the funds are available

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at that time.

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So, as we seek feedback,

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there are challenges that we're gonna encounter in the future.

400
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The previous year's have been great.

401
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Like I said, having the ability to leverage grant funding,

402
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It has really made a difference for the year port, but some of the challenges we're facing

403
00:37:18,400 --> 00:37:21,920
in the future are sponsors or assurances.

404
00:37:22,640 --> 00:37:29,340
We do have FAA and FDOT grant funding, which we've been advised don't expect it to be what

405
00:37:29,340 --> 00:37:38,240
it has been in previous years, and also the financial sustainability of the year port, cost

406
00:37:38,240 --> 00:37:40,880
of city services, construction costs.

407
00:37:41,100 --> 00:37:46,340
We know that, of late with the onset of COVID five years ago,

408
00:37:46,700 --> 00:37:48,940
construction costs went through the roof.

409
00:37:50,580 --> 00:37:54,120
We have service delivery challenges, the economy,

410
00:37:55,620 --> 00:37:57,220
fuel prices, always fluctuating,

411
00:37:59,620 --> 00:37:59,940
and advanced

412
00:37:59,940 --> 00:38:00,380
mobility.

413
00:38:01,140 --> 00:38:06,020
Yes, it's coming, and the concern is, how is it going to

414
00:38:06,020 --> 00:38:09,320
interact with existing traffic that normally operates at the airport.

415
00:38:09,960 --> 00:38:14,560
And of course, the FAA FDOT compliance that we have to adhere to.

416
00:38:17,200 --> 00:38:22,620
Some other concerns that we have are potential loss of revenue as it relates to our

417
00:38:22,620 --> 00:38:24,100
budget and so forth.

418
00:38:24,800 --> 00:38:29,840
Typically, with leases, they've run about 30 years for aviation tenants.

419
00:38:31,160 --> 00:38:33,960
The non-agation tenants, it's about 50 years.

420
00:38:33,960 --> 00:38:41,020
And we are in countering a scenario where, as Lisa's

421
00:38:41,020 --> 00:38:43,320
revered back to the airport, the improvements

422
00:38:43,320 --> 00:38:46,360
revered back to the airport as well at that point.

423
00:38:46,860 --> 00:38:53,160
And so tenants typically pay what I call the dirt rent

424
00:38:53,160 --> 00:38:55,420
if you will, but it's the underlying ground.

425
00:38:56,080 --> 00:38:58,060
And it's usually pennies on the dollar.

426
00:38:58,640 --> 00:39:01,340
But over time, that does increase.

427
00:39:01,340 --> 00:39:09,360
However, one of the things the airport does depend on is reversion rent and what we've been experiencing

428
00:39:09,360 --> 00:39:13,800
the last few years with the reversion rent.

429
00:39:13,840 --> 00:39:21,260
In some instances, if a tenant decides to tear down those improvements, then that reversion rent doesn't exist anymore.

430
00:39:22,200 --> 00:39:29,060
And so that's a challenge that we're trying to resolve here and figure out how best to deal with the airport in the future.

431
00:39:29,060 --> 00:39:40,100
And of course, the reduction of grant future grant opportunities, Rufus, if a tenant improves the property, we say like building an airplane hanger, all right.

432
00:39:40,700 --> 00:39:45,180
And then they tear it down. Do they need our permission since it's our property once it's built?

433
00:39:46,040 --> 00:39:48,460
Now, should that be included in the lease?

434
00:39:48,460 --> 00:39:52,760
And this is some of the things that we want to address in the lease.

435
00:39:53,220 --> 00:39:59,980
It's coming up with different approaches to ensure that the airport will remain financially sustained.

436
00:40:00,000 --> 00:40:09,840
Okay. Thank you. So, what we are proposing is the leasing policy, which should help with maximizing

437
00:40:09,840 --> 00:40:16,940
airport revenues, ensuring compliance with deed obligations, ensuring policies are satisfied,

438
00:40:17,960 --> 00:40:23,160
implement in protection from detrimental uses, ensure equitable treatment of current and future

439
00:40:23,160 --> 00:40:27,680
lessies and most importantly, mitigating the exposure to risk.

440
00:40:29,840 --> 00:40:35,780
So, one of the things we are considering and it's not new to the industry but a transaction

441
00:40:35,780 --> 00:40:36,500
fee.

442
00:40:37,280 --> 00:40:44,720
As I mentioned, there is a trend that's popular now in our industry such that you have companies

443
00:40:44,720 --> 00:40:53,140
buying up smaller companies at different airports and will sell them for if not hundreds

444
00:40:53,140 --> 00:40:59,900
millions of billions of dollars. And so we have missed out on that opportunity with the

445
00:40:59,900 --> 00:41:04,260
couple of least transactions that have happened not just on the aviation side, but as well

446
00:41:04,260 --> 00:41:12,840
as on the non aviation side. And the intent is to apply a transaction fee. That'll add a minimum

447
00:41:12,840 --> 00:41:23,120
capture some of those losses if it's a case where a new tenant comes in decides that the

448
00:41:23,120 --> 00:41:28,440
and recapture that reversion rent and so forth.

449
00:41:29,440 --> 00:41:31,360
As I mentioned, it's not new to the industry.

450
00:41:31,660 --> 00:41:34,460
We've added this language in two of our leases so far.

451
00:41:35,120 --> 00:41:36,760
There were no issues from the tenant.

452
00:41:37,040 --> 00:41:39,020
The tenant's actually admitted that,

453
00:41:39,040 --> 00:41:40,860
well, if they do have to sell,

454
00:41:42,140 --> 00:41:43,980
they're not the ones that are going to pick up

455
00:41:43,980 --> 00:41:48,660
that transaction fee, it's the buyer who will pick that up.

456
00:41:49,200 --> 00:41:52,180
So we're looking to apply that transaction fee

457
00:41:52,180 --> 00:41:57,460
moving forward in all the leases. And it's to understand that the transaction fee

458
00:41:58,340 --> 00:42:05,140
is derived from the sale of the lease. Again, these leases are being sold for double digit

459
00:42:05,140 --> 00:42:10,480
if not triple digit millions of dollars. And the airport doesn't benefit from that at all.

460
00:42:12,610 --> 00:42:15,690
An example of several airports in the state of Florida that have done that,

461
00:42:16,510 --> 00:42:22,430
you have Tallahassee at 2% transaction fee. But some of the other airports have taken it a bit

462
00:42:22,430 --> 00:42:26,510
for an even included verbiage or terms

463
00:42:26,510 --> 00:42:31,770
that would reset the lease terms actually impose

464
00:42:31,770 --> 00:42:36,210
an negotiate that transaction fee at the time of the sale.

465
00:42:37,510 --> 00:42:38,690
With what we're proposing,

466
00:42:38,950 --> 00:42:43,230
it gives the up front knowledge

467
00:42:43,230 --> 00:42:46,090
understanding of what that 4%

468
00:42:46,090 --> 00:42:47,990
dollar figure would work out too.

469
00:42:48,790 --> 00:42:58,090
And, you know, one other situation where I know Opalaka had done the same thing of using a transaction fee.

470
00:42:58,950 --> 00:43:05,890
And what that came about with Opalaka was they did a lease with a developer.

471
00:43:06,530 --> 00:43:14,690
Three years went by, nothing was developed, the tenant sold the lease, made millions of dollars, and Opalaka never saw a dime of that.

472
00:43:14,690 --> 00:43:18,550
So Opalaka went to the transaction fee and later applied

473
00:43:19,370 --> 00:43:21,710
a opportunity fee, if you will.

474
00:43:21,930 --> 00:43:23,270
Rufus, quick, we go back to that for one second.

475
00:43:23,570 --> 00:43:25,710
So one of the things you were talking about previously

476
00:43:25,710 --> 00:43:29,530
with the FAA is that we're required to treat all tenants equally.

477
00:43:29,770 --> 00:43:32,350
How could they have varies on their fees?

478
00:43:32,570 --> 00:43:33,470
That's I'm reading that.

479
00:43:33,730 --> 00:43:36,370
So you're showing that Miami, Opalaka,

480
00:43:36,830 --> 00:43:39,070
basically they make up a different fee for every tenant.

481
00:43:39,310 --> 00:43:40,430
Same thing with Northeast Florida.

482
00:43:41,310 --> 00:43:42,830
It's not a different fee.

483
00:43:42,830 --> 00:43:45,110
there's the, they use what's called an opportunity fee,

484
00:43:45,310 --> 00:43:48,110
and it's based on the investment that's being made.

485
00:43:49,550 --> 00:43:51,490
I'm sorry, not every 10, I understand it.

486
00:43:51,630 --> 00:43:53,690
So not every 10, it will come into Oprah Lockett

487
00:43:53,690 --> 00:43:56,830
and build 10, 20,000 square foot hangers.

488
00:43:58,010 --> 00:43:59,830
You may have a 10 or develop that,

489
00:43:59,930 --> 00:44:01,210
I'll come in and just build one hanger.

490
00:44:02,070 --> 00:44:07,230
So they have that as varying because not every 10,

491
00:44:07,570 --> 00:44:08,930
that is coming to the airport

492
00:44:08,930 --> 00:44:12,410
is making the same type of capital investment.

493
00:44:13,150 --> 00:44:16,050
So you're saying that the fee varies based

494
00:44:16,050 --> 00:44:17,710
on the level of capital investment.

495
00:44:17,710 --> 00:44:19,970
In other words, it's a tiered fee based on capital investment?

496
00:44:20,530 --> 00:44:20,570
Yes.

497
00:44:21,270 --> 00:44:23,230
Do you have what those fees are?

498
00:44:23,330 --> 00:44:23,930
No, I don't.

499
00:44:24,410 --> 00:44:27,490
What I do have, and I got to dig into it,

500
00:44:28,990 --> 00:44:32,250
is Obelok, it does have a rate and fee policy.

501
00:44:33,570 --> 00:44:35,670
As I've gone through it, I haven't seen exactly

502
00:44:35,670 --> 00:44:37,390
how they tiered it.

503
00:44:37,390 --> 00:44:46,490
The next step is to actually try to get copies of those answers to see how it's spelled out in those individual leases.

504
00:44:46,770 --> 00:44:48,730
Okay, what about Northease Florida Regional Report?

505
00:44:50,030 --> 00:44:53,390
Northease Regional, let's see.

506
00:44:55,490 --> 00:44:59,110
And so with these varies, when we reached out to these airports.

507
00:45:00,000 --> 00:45:06,880
It was not wanting to divulge as much information, and so they would just, you know, generic and saying,

508
00:45:07,000 --> 00:45:15,000
it varies. So I don't find this very helpful, right? So if we're trying to compare your 4% to the transaction fees,

509
00:45:15,020 --> 00:45:20,660
at other airports, the only one I can compare it to is tele-hassing international airport where you've got a transaction fee.

510
00:45:20,820 --> 00:45:27,620
So I know what it is. The rest of this information is for purposes of comparison basically useless.

511
00:45:27,620 --> 00:45:32,000
I don't know what Boka has, I don't know what Brooksville has, I don't know what Fernandina has,

512
00:45:32,200 --> 00:45:36,600
I don't know what Miami has, I don't know what Northease Florida has, I mean, all this information,

513
00:45:36,900 --> 00:45:39,960
like you say they're like reluctant to give it to you, it's all public information,

514
00:45:40,120 --> 00:45:43,140
I don't know why they're reluctant, you guys have been working on this for months now,

515
00:45:43,380 --> 00:45:47,600
I expect the more specificity here so that we can make an informed decision.

516
00:45:48,800 --> 00:45:53,140
So please try and get that information so that we can actually know what it is we're looking at,

517
00:45:53,140 --> 00:45:57,900
this doesn't help me understand what we're comparing ourselves to.

518
00:45:58,320 --> 00:46:03,260
Yeah, and I understand Vice Mayor, and it's important additional information when I can

519
00:46:03,260 --> 00:46:10,220
share with you as well, and reaching out to some others, one thing that was shared with me was,

520
00:46:11,200 --> 00:46:15,900
yeah, not every airport will set the same rate, right?

521
00:46:16,460 --> 00:46:20,560
Someone actually admitted that they're working with an airport right now,

522
00:46:20,560 --> 00:46:25,800
And that airport is talking about six to eight percent, um, they wouldn't

523
00:46:25,800 --> 00:46:30,100
dive those to me, which airport that is because that airport is still negotiating that.

524
00:46:30,100 --> 00:46:33,820
But how does that import though with the FAA's requirement that all tenants be treated equally?

525
00:46:34,060 --> 00:46:38,520
I don't understand that. If that's a, if that's a, a one of your five governing principles

526
00:46:38,520 --> 00:46:42,820
of the FAA's lease requirements, how do they just sort of make it up with every tenant?

527
00:46:43,100 --> 00:46:44,520
I don't understand. It's negotiated.

528
00:46:46,850 --> 00:46:49,470
If it was the case that had violated those

529
00:46:49,470 --> 00:46:56,250
grand assurances, then yes, the FAA would go in and investigate and put that

530
00:46:56,250 --> 00:47:00,910
airport on notice to correct the discrepancy.

531
00:47:02,310 --> 00:47:06,510
Yeah, but assuming the least terms don't have to be exactly mirrored.

532
00:47:07,510 --> 00:47:13,110
Of course, least terms you can should be such that it doesn't give one tenant.

533
00:47:13,770 --> 00:47:18,650
The advantage over another. And so an example, as we talk about terms,

534
00:47:19,870 --> 00:47:25,510
Again, a tenant who will come in and build one hanger shouldn't get a 30-year lease term.

535
00:47:26,250 --> 00:47:29,490
All right, because the capital investment just isn't there, right?

536
00:47:29,930 --> 00:47:36,530
However, someone who's coming in with more capital investment naturally would give them a 30-year lease term.

537
00:47:37,010 --> 00:47:42,650
But everybody who's spending everybody who's building one terminal should have the exact same rate structure.

538
00:47:42,950 --> 00:47:46,190
Everybody who's building 10 terminals should have the same rate structure.

539
00:47:46,190 --> 00:47:49,630
In other words, everybody who's similarly situated should be treated the same.

540
00:47:49,870 --> 00:47:53,230
People who are in different categories of investment, I understand what you're saying there.

541
00:47:53,630 --> 00:47:58,430
If you're in a $10 million tier versus a $100 million tier, you can make a credible

542
00:47:58,430 --> 00:48:00,930
argument that you would have a different race structure.

543
00:48:01,210 --> 00:48:07,070
That's, I think, I think the FAA would probably be amenable to that argument, but anybody

544
00:48:07,070 --> 00:48:12,430
who's investing $10 million should have a comparable race structure, such that they are

545
00:48:12,430 --> 00:48:13,310
then treated equally.

546
00:48:13,310 --> 00:48:24,510
So the rate structure you're referring to is ground rent, and again, what I can share with you is that with our outside council, we've presented this to them.

547
00:48:25,290 --> 00:48:34,410
And yes, similarly situated was the question, and outside council actually indicated that it shouldn't apply.

548
00:48:35,330 --> 00:48:52,690
And what I would like to say about the outside council that we use, they're the ones who will typically engage with the FAA from a legal standpoint on what's right, what's not right.

549
00:48:53,410 --> 00:49:01,570
So as it relates to having the best advice that outside council is worth every dollar that we spend to keep the airport out of trouble.

550
00:49:01,570 --> 00:49:21,870
If you recall about what is it maybe eight or ten years ago with the pilot payment, it was this attorney who went to Washington DC with the city manager, the budget director, and got this whole thing resolved with the pilot payment.

551
00:49:21,870 --> 00:49:30,290
So we are confident in the advice that this outside council provides and not to be led down

552
00:49:30,290 --> 00:49:34,590
a path of uncertainty and so forth.

553
00:49:36,210 --> 00:49:37,650
Bruce, I have a question, please.

554
00:49:38,890 --> 00:49:45,590
This transaction fee does this apply to both aviation lease and also non-aviation?

555
00:49:46,290 --> 00:49:47,430
That is the intent.

556
00:49:47,430 --> 00:49:51,170
So when we're able to add new terms to a lease,

557
00:49:51,810 --> 00:49:54,690
it's when there are changes being made to the lease.

558
00:49:54,990 --> 00:49:57,910
Our non-aviation tenants, as I mentioned,

559
00:49:58,150 --> 00:49:59,230
have 50 year terms.

560
00:50:00,000 --> 00:50:09,680
And back in the 1980s, there were more favorable terms that were provided. Options takes then 25 years, in addition to the 50 years.

561
00:50:10,000 --> 00:50:23,400
Four tenure options, in addition to the 50 year term. And of late the FAs position is no more options, because at that rate, you might as well dispose of the property.

562
00:50:23,400 --> 00:50:29,860
and sell it to the tenant.

563
00:50:31,280 --> 00:50:33,520
So, some of the things we've done,

564
00:50:34,240 --> 00:50:36,380
and this is before my time, obviously,

565
00:50:36,720 --> 00:50:40,160
but rather than giving those options with no other terms,

566
00:50:40,780 --> 00:50:45,460
what has changed is when you get that option now,

567
00:50:45,720 --> 00:50:48,180
and you're ready to exercise it,

568
00:50:48,640 --> 00:50:50,340
we now do an appraisal of the property,

569
00:50:50,800 --> 00:50:52,440
and again, it's just the underlying ground,

570
00:50:52,440 --> 00:50:58,260
And based on that appraisal, when you exercise at option, that's your new rent, right?

571
00:50:58,840 --> 00:51:06,220
So, that was a good move because, yes, today we have several leases that have long-term,

572
00:51:06,980 --> 00:51:13,320
and the revenue that's being generated is very minimal because the terms that was done back then

573
00:51:13,320 --> 00:51:18,080
are clearly different from what we've done today to put the airport in a better position.

574
00:51:18,740 --> 00:51:25,880
If I'm a question to city manager, so we have a lot of leases, non-apport leases, do we charge

575
00:51:25,880 --> 00:51:29,020
a transaction fee on any other lease that we do in the city?

576
00:51:29,560 --> 00:51:35,820
If there's a transfer lease or renewal lease or extension lease, like take the fort, right?

577
00:51:35,940 --> 00:51:37,080
So we just did a lease with the fort.

578
00:51:37,180 --> 00:51:40,020
Did we charge a transaction fee when we did a lease with the fort?

579
00:51:41,280 --> 00:51:46,880
I'm not sure of the specifics of all the terms in the fort agreement, but the recent new

580
00:51:46,880 --> 00:51:50,980
are trading post agreement included a transaction fee and that was approved by the commission

581
00:51:50,980 --> 00:51:52,340
I think at the last meeting.

582
00:51:52,740 --> 00:51:53,700
Did we discuss the trend?

583
00:51:54,000 --> 00:51:59,120
So the challenge I had, and I've communicated this with you, is that, and the reason I wanted

584
00:51:59,120 --> 00:52:04,700
to have this discuss is that if we're imposing transaction fees, you know, that is a commission

585
00:52:04,700 --> 00:52:05,640
policy decision.

586
00:52:06,740 --> 00:52:13,920
And I don't remember if we're having a discussion like this about the imposition of fees for

587
00:52:13,920 --> 00:52:14,480
that purpose.

588
00:52:14,480 --> 00:52:24,300
So again, I don't remember us ever having a discussion about when we impose fees on our tenants and any of our properties.

589
00:52:24,440 --> 00:52:28,900
We've got a lot of leases in the city to Rufus's point.

590
00:52:29,300 --> 00:52:39,000
I know through the years we have oftentimes been asked to approve a transfer when a new company comes in and buys out another company.

591
00:52:39,000 --> 00:52:45,300
So with the fork, for example, conceivably, somebody may come in and purchase the

592
00:52:45,300 --> 00:52:49,160
lethal dentures from the existing developer at some point in time.

593
00:52:49,540 --> 00:52:54,840
I'm curious as to whether we would anticipate a similar scenario to what Rufus is describing

594
00:52:54,840 --> 00:52:58,700
and say, well, you know, a new developer is coming in, they're going to buy out the lethal dentures.

595
00:52:58,740 --> 00:52:59,560
We want to get paid.

596
00:53:00,140 --> 00:53:04,380
Is that what we're going to say is our policy every time we go forward that, you know,

597
00:53:04,380 --> 00:53:10,160
We're going to expect our 4% every time a transaction takes place.

598
00:53:10,320 --> 00:53:14,180
I just want to understand what we're trying to do here.

599
00:53:14,180 --> 00:53:16,920
Your concerns are well taken.

600
00:53:18,240 --> 00:53:20,820
Rufus is mentioned what our intent is.

601
00:53:20,820 --> 00:53:26,540
I just want to clarify that we have two leases approved by the commission that include the

602
00:53:26,540 --> 00:53:29,900
4% transaction fee and those leases were approved into 20.

603
00:53:30,380 --> 00:53:30,440
Right.

604
00:53:30,440 --> 00:53:33,500
us there's nothing in that backup that describes the fact that there was an

605
00:53:33,500 --> 00:53:36,200
imposition of a fee you couldn't find that if you're if you're like to

606
00:53:36,200 --> 00:53:41,820
depend on it and and during my tenure as city manager the transaction fee

607
00:53:41,820 --> 00:53:46,160
in the last lease that was brought before the commission included it in

608
00:53:46,160 --> 00:53:50,840
the backup and the commission agenda memo and it was described in the

609
00:53:50,840 --> 00:53:58,000
background section it was in the new river trading post the new

610
00:53:58,000 --> 00:54:04,820
one so we're discussing with that that's correct commissioner so staff normally would

611
00:54:04,820 --> 00:54:12,520
summarize at least or terms of the lease there has been no requirement as to the expansive

612
00:54:13,760 --> 00:54:20,060
requirements in terms of that summary and so in 2023 it did not appear as though the

613
00:54:20,060 --> 00:54:25,080
cam incorporated the transaction fee but it was a part of the back-up materials and the exhibits

614
00:54:25,880 --> 00:54:33,320
We are describing these terms now and going forward and any least that's negotiated.

615
00:54:33,320 --> 00:54:39,100
I consider the transaction fee to be a salient term that should be incorporated in the

616
00:54:39,100 --> 00:54:46,780
commission agenda memo so that it not only is listed in the backup but also in the memorandum.

617
00:54:47,140 --> 00:54:50,480
So going forward that would be the position I would take.

618
00:54:50,480 --> 00:54:59,980
In addition, in my experience, we have seen transaction fees and other leases, I've worked in other cities where a transaction.

619
00:55:00,000 --> 00:55:08,820
Section Fee is a customary part of doing business and it's part of ensuring the economic sustainability of the city.

620
00:55:09,580 --> 00:55:12,920
It's something that is based on policy direction.

621
00:55:13,420 --> 00:55:26,480
So if the commission did not see fit to include a transaction fee or wanted to modify what staff is proposing to be the transaction fee, then of course, you know, staff would proceed with the direction from the commission.

622
00:55:26,480 --> 00:55:33,640
but it is not something that is very novel and so any lease coming forward to the city commission

623
00:55:34,640 --> 00:55:40,630
I think it should be expected that all opportunities to generate revenue would be included

624
00:55:41,840 --> 00:55:46,120
except that the commission may say this is not something that we want to do.

625
00:55:46,460 --> 00:55:51,020
So thank you, Rickel, and that's part of why I wanted to have this discussion for my colleagues up here

626
00:55:51,020 --> 00:55:55,580
because this is an entirely new direction for us and it may be one that, you know,

627
00:55:55,580 --> 00:56:00,520
everybody is amenable to. But I think it's one that merits a larger discussion. I don't think

628
00:56:00,520 --> 00:56:04,380
it should be limited just to this. So I think I hate to think we're leaving money on the tape.

629
00:56:04,420 --> 00:56:09,980
No, I agree here. Absolutely. I think this is something we need to think about. It depends

630
00:56:09,980 --> 00:56:15,080
on the kind of action. Joe, I think we should think about this more holistically. Mayors, this

631
00:56:15,080 --> 00:56:19,860
going to be our policy that we're going to encourage. I don't think we should cherry pick and say,

632
00:56:20,020 --> 00:56:23,200
look, you know, we're going to do it to this tenant, but we're not going to do it to that tenant.

633
00:56:23,200 --> 00:56:28,260
I think if we want to impose transaction fees as a policy, we should say, yeah, we think

634
00:56:28,260 --> 00:56:29,020
this is a great idea.

635
00:56:29,160 --> 00:56:33,880
We want to maximize revenue, and because I'm a big believer in mayor in that we treat

636
00:56:33,880 --> 00:56:35,180
people uniformly.

637
00:56:35,380 --> 00:56:40,180
I don't think we should pick winners and losers when we start imposing fees on people.

638
00:56:40,180 --> 00:56:43,920
I think we should say that this is our policy that we're going to charge fees.

639
00:56:43,920 --> 00:56:44,900
And I'm okay with that.

640
00:56:45,080 --> 00:56:45,820
I have just me.

641
00:56:45,920 --> 00:56:50,820
I have no problem with making sure that we're maximizing our revenue, but let's do it

642
00:56:50,820 --> 00:56:55,280
a uniform transparent manner where everybody knows what the ground rules are when they come

643
00:56:55,280 --> 00:56:59,220
to do business with the city. We don't change the, we don't change the rules halfway through

644
00:56:59,220 --> 00:57:03,600
the game. Okay, so city manager, haven't, then we charge a transaction for you for the last two

645
00:57:03,600 --> 00:57:09,740
leases? Yeah, that's like, see, those are approved in 2023. Yes. Right. No, my point to this, my point

646
00:57:09,740 --> 00:57:14,720
commissioner is that when those leases came to us for approval, it wasn't disclosed. I didn't

647
00:57:14,720 --> 00:57:18,780
know about it, but but staff knew to impose them. Right. But we didn't sell them to the

648
00:57:18,780 --> 00:57:24,320
It was included the least it's shared with the mission as an exhibit in the back of material

649
00:57:24,320 --> 00:57:29,280
With no markups, so there was no there was no there was no way to know that this was a change to the least

650
00:57:29,840 --> 00:57:34,820
You've got to read the least you've got if you can't have you ever read the entire piece. Please come on. All right, John

651
00:57:34,820 --> 00:57:37,820
Okay, all right, let's move forward. It's

652
00:57:40,300 --> 00:57:47,400
It's absurd to not know typically when you do that there's a markup. There's there's a there's a red line version

653
00:57:47,400 --> 00:57:54,000
So you know what's changed from the least before to the one that's in there now, without a red line version, how do I know something like that was inserted?

654
00:57:55,340 --> 00:57:57,420
Oh, that's, that's, that's, isn't that a ballot point?

655
00:57:57,840 --> 00:58:02,120
That's part of talking with the city attorney city manager to say, hey, what's changed on this?

656
00:58:02,120 --> 00:58:05,000
Let me talk with them and they never informed me that they did it.

657
00:58:05,080 --> 00:58:06,700
Oh, okay, no, no, go.

658
00:58:07,200 --> 00:58:16,080
Okay, you can just tell me how we got to the 4% as opposed to like, for instance, and tell us, he 2%, how do we land at 4%.

659
00:58:16,080 --> 00:58:25,020
So, obviously, this is going back 2021, 2021, 2022, attending a conference, and it was the FAA that

660
00:58:25,020 --> 00:58:32,960
used that example of Opalaka and said airports. You can't allow this to happen. You should add

661
00:58:32,960 --> 00:58:42,460
a minimum use 4%. And the position of the 4% was considered a commission, if you will, on average

662
00:58:42,460 --> 00:58:46,200
commissions are about 4% on transaction deals.

663
00:58:46,640 --> 00:58:48,100
So that's how that came about.

664
00:58:48,580 --> 00:58:53,380
And so, like I said, we've done it with two other leases, and for the record, I just

665
00:58:53,380 --> 00:58:57,300
want to add that it wasn't something I just came up with with my own.

666
00:58:57,620 --> 00:59:05,460
When I put leases together, the city attorney is involved, but also, at that time, I reported

667
00:59:05,460 --> 00:59:10,420
to the city manager's office, and so when leases come to, tennis comes to the airport

668
00:59:10,420 --> 00:59:18,220
to renew leases, update their leases, I pretty much outlined for the City Manager, hey, here's

669
00:59:18,220 --> 00:59:23,160
what we're considering. If you feel you want to do more, let me know if this is satisfactory,

670
00:59:24,020 --> 00:59:26,640
then I'd like to move forward with completing the lease.

671
00:59:26,900 --> 00:59:28,840
So in other words, you brought this to the City Manager,

672
00:59:29,200 --> 00:59:33,260
City Attorney, reviewed it with all of them. Yes, there's changes we're making.

673
00:59:33,700 --> 00:59:37,660
Here's what I'd like to do. Okay. Yeah. And there's been other instances where there was

674
00:59:37,660 --> 00:59:43,580
to discuss at the airport advisory board? Not the transaction fee. Okay. So typically the airport advisory

675
00:59:43,580 --> 00:59:48,420
board that would have been the ones that are kind of reviewing these things. The advisory board

676
00:59:48,420 --> 00:59:52,740
at the airport that are experts in this kind of stuff that we would typically run this by

677
00:59:52,740 --> 00:59:59,980
before we make any substantial policy changes. Didn't know about it. Okay. Okay. I just, uh, I just-

678
01:00:00,000 --> 01:00:03,280
I'd like to just finish my other questions. Thank you.

679
01:00:03,540 --> 01:00:10,660
These other airports do any of them institute a cap on the dollar amount for these transactions?

680
01:00:10,660 --> 01:00:11,200
I don't think so.

681
01:00:11,480 --> 01:00:12,440
None mentioned a cap.

682
01:00:12,500 --> 01:00:13,100
No, caps.

683
01:00:13,540 --> 01:00:19,580
And then also last question, any kind of tiered system at the other airports, in terms of either

684
01:00:19,580 --> 01:00:21,040
the scope or the dollar amount?

685
01:00:21,580 --> 01:00:21,680
No.

686
01:00:21,760 --> 01:00:22,800
None that we were mentioned.

687
01:00:23,320 --> 01:00:23,520
Okay.

688
01:00:23,580 --> 01:00:23,980
Thank you.

689
01:00:24,960 --> 01:00:29,960
And so I'll add the flip side of my recommendation to the city manager when we

690
01:00:29,960 --> 01:00:33,620
doing these leases, there's also been instances where the city

691
01:00:33,620 --> 01:00:37,920
manager was in total disagreement and took another approach such

692
01:00:37,920 --> 01:00:41,360
as, as I mentioned earlier, at the end of the lease term improvements

693
01:00:41,360 --> 01:00:46,940
revert back to the airport. And so with the improvement reverting back to

694
01:00:46,940 --> 01:00:52,200
the airport, we hire an appraiser, we'll walk out, go out to the airport, and

695
01:00:52,200 --> 01:00:56,940
do an analysis of those improvements returning what they're valued at. And so

696
01:00:56,940 --> 01:01:03,580
there have been I think it's one instance now where it was no there's not going to be any

697
01:01:03,580 --> 01:01:11,320
reversion rent just 5% of gross rental receipts. So to give you an idea of what improvement rents

698
01:01:11,320 --> 01:01:20,520
can generate we have a tenant that was paying $60,000 a year in ground rent. The lease came to

699
01:01:20,520 --> 01:01:27,460
term, property got appraised, obviously the underlying ground rent would come up to today's market

700
01:01:27,460 --> 01:01:33,400
rate. But the improvements itself worked out to about $270,000.

701
01:01:36,440 --> 01:01:43,940
So, in that sense, depending on the value of that infrastructure, that improvement, yeah,

702
01:01:44,060 --> 01:01:50,100
that's how much money is being left on the table. If we take the position of not charging

703
01:01:50,100 --> 01:01:57,560
or collecting reversion rent. Any idea over let's just say the last five years how much money

704
01:01:57,560 --> 01:02:06,500
has been left on the table because we did not have transaction fees. Okay, yes. Between, I'd say

705
01:02:06,500 --> 01:02:13,360
the last 10 years, I presented to the Commission at least one or two non-erronautical leases

706
01:02:13,360 --> 01:02:23,820
for assignment. As to the relates the adiation, we've done one transaction that brought a new

707
01:02:23,820 --> 01:02:29,260
tenant on board to take over existing leases, and so it's in the hundreds of thousands

708
01:02:29,260 --> 01:02:36,420
of dollars. Thank you. Rufus, can you describe the lease rate reset functionality? So five

709
01:02:37,860 --> 01:02:49,520
So with the lease rate reset, if an assignment is done, typically everything stays status quo, there's, you know, the terms aren't adjusted and so forth.

710
01:02:50,120 --> 01:03:05,440
And so with the reset, it affords the airport, the opportunity to make sure that the rent comes up to what the current market rate is, but also to put in new terms if it's necessary, rather than waiting till the end of the lease term or maybe

711
01:03:06,240 --> 01:03:12,540
You know, years before the lease comes to term that the tenant may consider re doing an extension and so forth.

712
01:03:13,560 --> 01:03:14,580
All right. Great. Thanks.

713
01:03:15,100 --> 01:03:18,480
Yeah. So more or less, it's to ensure that the airport has more flexibility.

714
01:03:19,740 --> 01:03:23,600
The city is able to not find itself in a predicament where some airports today struggle.

715
01:03:24,420 --> 01:03:35,200
Because of some of the leases that they've, the lease terms that have been included such that they also are challenged and not being able to generate enough revenue to match.

716
01:03:35,200 --> 01:03:37,680
for grant funding from FAA and DOT.

717
01:03:40,750 --> 01:03:42,050
So we are looking for the recommendation.

718
01:03:42,050 --> 01:03:43,290
We are providing these recommendations.

719
01:03:43,550 --> 01:03:44,670
So I'll also get your feedback.

720
01:03:45,490 --> 01:03:49,150
Mayor Vice-Marion Commissioners and it is to move forward with the

721
01:03:49,150 --> 01:03:50,370
Beloping and Lease Policy.

722
01:03:51,530 --> 01:03:55,010
And also it rates and charges policy for review by the

723
01:03:55,010 --> 01:03:57,690
Aviation Advisory Board and approval by city commission.

724
01:03:58,270 --> 01:04:01,210
Additionally, a request commission feedback.

725
01:04:02,610 --> 01:04:06,230
On the inclusion of a transaction feed based on the

726
01:04:06,230 --> 01:04:14,330
industry examples. Obviously the 4% transaction fee, we can also include a cap of $1 million.

727
01:04:15,910 --> 01:04:21,650
Negotiate a fee at the time of transaction. And again, I'm not too favorable to that because

728
01:04:21,650 --> 01:04:26,210
again, I want to be upfront with our tenants so they know what they're dealing with and so

729
01:04:26,210 --> 01:04:33,070
for if the lease reset with new terms. And even also an opportunity fee. Someone who is interested

730
01:04:33,070 --> 01:04:36,910
coming to the airport, but haven't able to get to the airport because of our long-term

731
01:04:36,910 --> 01:04:43,930
leases. Yeah, it's just been impossible. And we constantly get requests from other

732
01:04:43,930 --> 01:04:49,110
developers and business operators, hey, I want to come to FXC and set up shop, but we have

733
01:04:49,110 --> 01:04:54,030
no more land available to lease out to these tenants. And so for someone who's looking to come

734
01:04:54,030 --> 01:04:59,970
to FXC, they decide to acquire a lease. Yeah, there is the potential of a...

735
01:05:02,500 --> 01:05:29,980
So those are just some recommendations, but I do want to make it clear that we have been very fortunate with grant funding. If you take a look at this slide where it breaks down what the airport is responsible for when it comes to a project, what DOT is kicking in and what FAA is kicking in, it is a fact that that funding will

736
01:05:30,000 --> 01:05:31,940
be reduced drastically.

737
01:05:32,280 --> 01:05:34,420
It's not my perceived notion.

738
01:05:34,640 --> 01:05:40,740
It's what DOT and the FAA has presented to us at conferences.

739
01:05:41,540 --> 01:05:47,660
And obviously one of the ones that is really making a push with DOT right now.

740
01:05:47,960 --> 01:05:54,280
And you all aware of this, with the verteport industry, there's House Bill,

741
01:05:58,600 --> 01:05:59,580
there's a state

742
01:05:59,580 --> 01:06:04,720
he's being directed 100% of grant funding for verteports and advanced

743
01:06:04,720 --> 01:06:11,300
here mobility. So DOT has advised us previous years were great, but we won't

744
01:06:11,300 --> 01:06:15,860
be able to provide you as much as we have in the past. So this is just to

745
01:06:15,860 --> 01:06:21,600
realize that it's not just a transaction fee, but also other means of generating

746
01:06:21,600 --> 01:06:25,750
revenue for the year for such that we're able to maintain the airport and

747
01:06:25,750 --> 01:06:30,270
state that it currently is okay those those those bills that's a double edge

748
01:06:30,270 --> 01:06:33,310
sort of for us because while you're saying that that's gonna take away that can

749
01:06:33,310 --> 01:06:37,530
also be incredibly beneficial to us for the holiday park garage and by the way

750
01:06:37,530 --> 01:06:44,110
that's hb-1093 and sb-1362 and for any of my colleagues that have not read

751
01:06:44,110 --> 01:06:48,570
those I have not read them I'm sorry well you want to get this copy no I'm just

752
01:06:48,570 --> 01:06:52,530
going to tell you that read light them so we see what the height is that proposed bills

753
01:06:52,530 --> 01:07:01,410
in Tallahassee right now. We'll basically say that F.W. will cover 100% 100% of

754
01:07:01,410 --> 01:07:07,410
verteport production. And we are obviously leading in the state. No one else has done what we've

755
01:07:07,410 --> 01:07:12,630
done in terms of the holiday park garage. Those are incredibly important bills that we must track.

756
01:07:13,230 --> 01:07:18,550
And we must get our lobby teams behind because we're talking about a 16 million dollar verteport

757
01:07:18,550 --> 01:07:23,730
on the top of our holiday park garage, but then there are other parts of that legislation

758
01:07:23,730 --> 01:07:27,510
that could even go deeper and our costs will go way down.

759
01:07:27,570 --> 01:07:29,730
Well, it was never to be our cost to begin with.

760
01:07:29,890 --> 01:07:33,790
That promise that there would be completely funded by the company building the

761
01:07:33,790 --> 01:07:34,190
vertebra port.

762
01:07:34,290 --> 01:07:38,890
I understand, but eventually we will own that and also that will bring their costs down and

763
01:07:38,890 --> 01:07:40,610
then in turn that will bring our costs down.

764
01:07:40,850 --> 01:07:43,310
No, it will bring our costs way down.

765
01:07:43,390 --> 01:07:43,630
Okay.

766
01:07:43,950 --> 01:07:45,430
We just have to keep to this subject.

767
01:07:45,850 --> 01:07:45,910
Okay.

768
01:07:45,910 --> 01:07:50,770
because we've got a lot going on here tonight and I want to get this a lot of here before tomorrow.

769
01:07:51,510 --> 01:07:51,810
Good idea.

770
01:07:53,350 --> 01:07:56,730
So, Mayor before we get to that, I just want to ask a couple of questions of our city attorney.

771
01:07:57,690 --> 01:08:01,570
So, I know typically we can do fees that are cost recovery.

772
01:08:02,570 --> 01:08:06,310
Okay, this is not a cost recovery fee because there's been no cost establish.

773
01:08:06,490 --> 01:08:08,710
It's an arbitrary number that we're picking at a dinner.

774
01:08:09,770 --> 01:08:12,890
Typically those are not allowed if they're regulatory and nature.

775
01:08:12,890 --> 01:08:17,870
have you looked at this fee and if you determine whether we are legally entitled to charge

776
01:08:17,870 --> 01:08:21,890
a non-cost recovery fee and is a appropriate.

777
01:08:22,710 --> 01:08:24,530
Thank you for that question, Vice Mayor.

778
01:08:25,230 --> 01:08:29,850
We have external counsel that does a regulatory work with FAA and they have vetted this

779
01:08:29,850 --> 01:08:34,130
and that was their opinion that this was appropriate and they only consideration and the only

780
01:08:34,130 --> 01:08:40,430
admonition was that we treat all entities similarly situated equally and so when we're talking

781
01:08:40,430 --> 01:08:41,170
about structure.

782
01:08:41,790 --> 01:08:51,330
I'm sorry, not in terms of FAA, in under Florida law, you can't charge anything more than a cost of providing a service if it's a regulatory fee.

783
01:08:51,510 --> 01:08:54,490
So I'm not, I'm not looking at this from the perspective of regular capacity.

784
01:08:55,990 --> 01:08:56,150
Right.

785
01:08:56,410 --> 01:08:57,290
Not for the FAA.

786
01:08:57,390 --> 01:09:04,110
I'm sure the FAA is just fine with it under Florida law as is permissible as a regulatory fee that is non-cost recovery based.

787
01:09:04,630 --> 01:09:06,670
I believe that to be so, but I'll look at that specifically.

788
01:09:06,950 --> 01:09:07,870
Thank you.

789
01:09:09,840 --> 01:09:10,260
Okay.

790
01:09:10,260 --> 01:09:16,310
Disaccomplete your presentation. Okay, we have a number passed by there. Thank you. I appreciate all you're good work and

791
01:09:16,780 --> 01:09:18,700
You're always looking out for the city

792
01:09:18,700 --> 01:09:21,700
I have a number of people sign up to speak on this

793
01:09:21,700 --> 01:09:25,160
I'm not sure if you're all still here, but I'll call your names three at a time

794
01:09:25,160 --> 01:09:28,120
I'll give you a couple minutes to speak if that's okay

795
01:09:28,120 --> 01:09:30,080
and I'll begin by

796
01:09:31,220 --> 01:09:31,680
Neal

797
01:09:32,800 --> 01:09:33,260
Signsack

798
01:09:34,060 --> 01:09:34,520
Symsack

799
01:09:34,520 --> 01:09:36,320
Neal you here?

800
01:09:36,740 --> 01:09:37,200
Nope

801
01:09:38,180 --> 01:09:38,640
Robert

802
01:09:40,540 --> 01:09:46,640
Letmen, Robert, followed by Don Campion, followed by Deb Kelley.

803
01:09:48,060 --> 01:09:49,740
Stephen, keep your comments to a couple minutes.

804
01:09:52,660 --> 01:09:52,740
Good evening.

805
01:09:53,040 --> 01:09:53,480
Good evening.

806
01:09:53,520 --> 01:09:55,100
Thank you for your host tonight.

807
01:09:55,300 --> 01:09:56,460
My name is Robert Letmen.

808
01:09:56,580 --> 01:09:58,460
I am associated with Zelliaviation.

809
01:09:59,560 --> 01:09:59,960
We are an evening.

810
01:10:02,960 --> 01:10:11,240
We have been since the 80s. A couple of points. First off, Mr. Mayor, on a practical basis, we don't

811
01:10:11,240 --> 01:10:17,420
just knock down hangers. If we knock down hanger, it's to build another hanger. In fact, if you saw

812
01:10:17,420 --> 01:10:23,120
Rufus's slide from the 60s, one of our hangers was on there. We've got an old one on there, which was

813
01:10:23,120 --> 01:10:29,980
the original Ben Bradley hanger for the historians here. Our airport has grown. We are no longer

814
01:10:29,980 --> 01:10:33,780
longer for the little flights that go to the Bahamas for fishing and come back.

815
01:10:34,500 --> 01:10:37,360
We need bigger hangers, not just a row of garages.

816
01:10:38,080 --> 01:10:44,020
So as time has gone by, we have had to knock down hangers and build more appropriate sized

817
01:10:44,020 --> 01:10:45,640
hangers for the use of the airport.

818
01:10:45,700 --> 01:10:46,980
This is not about that.

819
01:10:47,040 --> 01:10:52,600
This is about selling your business or selling your cities and then making a profit from it

820
01:10:52,600 --> 01:10:55,760
and the city not being able to participate in that profit.

821
01:10:56,020 --> 01:10:56,460
Yes, sir.

822
01:10:56,460 --> 01:11:04,380
part of the transaction fee is also talking about adding years to the lease and refinancing

823
01:11:04,380 --> 01:11:10,620
of the lease. I'm not concerned with selling our lease hold at this point. My concern

824
01:11:10,620 --> 01:11:16,380
is that when I build a new hanger and I have hypothetically 12, 15, 18 years left on my

825
01:11:16,380 --> 01:11:23,280
lease, I can't amortize that over 12, 15, 18 years. I go back to the city to seek another 30

826
01:11:23,280 --> 01:11:32,400
30 years being kept by the statute, okay? Now am I paying a 4% on that? Am I paying a 4%

827
01:11:32,400 --> 01:11:35,660
if I go and have to refinance to build my new life?

828
01:11:35,660 --> 01:11:40,620
All right, hold it right there. Is that the intent of this? The intent is just if it goes to it

829
01:11:40,620 --> 01:11:44,780
and unrelated to third parties and that correct? It's not if they refinance.

830
01:11:44,780 --> 01:11:52,800
Part of it is refinancing in the back up exhibit one page 22 the triggering events for the transaction fee includes

831
01:11:52,800 --> 01:11:57,190
net refinancing. So if they're not benefiting from this

832
01:11:58,160 --> 01:12:02,230
If they're not profiting from this, why is that included as a triggering event?

833
01:12:03,620 --> 01:12:09,160
Well, let me or at least extension. Why is that why is that triggering? Riffus, can you tell us?

834
01:12:09,160 --> 01:12:17,360
What does the city feel? It is losing out if they're going. If they're just building something bigger and building something

835
01:12:17,900 --> 01:12:19,140
What does more expensive?

836
01:12:20,500 --> 01:12:26,400
So some of the things we've realized over the years and we've learned from the situation a few years ago

837
01:12:28,080 --> 01:12:33,060
The situation is a ten and went out for refinancing got the funds and

838
01:12:33,060 --> 01:12:36,640
Used it for something else other than what they were supposed to do at the airport

839
01:12:36,640 --> 01:12:40,340
All right, so there's a way to monitor that then.

840
01:12:41,160 --> 01:12:43,220
Well, yes, there is a way to monitor that.

841
01:12:43,900 --> 01:12:46,560
And so, unfortunately, in this situation,

842
01:12:47,440 --> 01:12:51,300
what was expected was a hang it to be completed by a certain date.

843
01:12:51,660 --> 01:12:55,520
The tenant failed to complete the hangar and its entirety.

844
01:12:57,000 --> 01:12:58,200
So, I'm feeling like that situation.

845
01:12:58,420 --> 01:13:00,600
Those funds were re-deverted.

846
01:13:01,780 --> 01:13:02,880
Okay. All right.

847
01:13:03,920 --> 01:13:04,860
Thank you.

848
01:13:05,200 --> 01:13:05,560
Thank you.

849
01:13:05,560 --> 01:13:12,900
Yeah, please continue. Okay. Outside of fraudulent situation or something of that nature, we're refinancing to build hangers.

850
01:13:13,440 --> 01:13:21,560
The second point I wanted to mention where I disagree with Rufus is, yes, our basic lease starts starts out with the grounders.

851
01:13:21,560 --> 01:13:26,400
that ground lease is increased annually by CPI, Colis.

852
01:13:27,000 --> 01:13:31,520
It is then re-analyzed every 10 and 20 years

853
01:13:31,520 --> 01:13:33,960
to make sure that that has kept up with market.

854
01:13:34,360 --> 01:13:35,640
Now we jump up to that.

855
01:13:35,920 --> 01:13:37,560
In addition to the ground lease,

856
01:13:38,900 --> 01:13:40,120
every 10 to 20 year,

857
01:13:40,120 --> 01:13:42,620
every 10 year increment, 10 year, 10 year, 20,

858
01:13:43,860 --> 01:13:46,740
we are assessed for our above ground improvements

859
01:13:46,740 --> 01:13:48,040
for our structures.

860
01:13:48,040 --> 01:13:54,060
The city within the lease has two methodologies of doing that at the city's discretion.

861
01:13:54,600 --> 01:13:56,840
First is a percentage of our rents.

862
01:13:57,020 --> 01:14:01,200
So the netizens and audit for what we're paying for for the property

863
01:14:01,200 --> 01:14:05,900
and we pay, I believe, the numbers 4% to increase our rent.

864
01:14:06,440 --> 01:14:11,000
Alternatively, the city can then do an appraisal of the buildings

865
01:14:11,000 --> 01:14:16,420
and determine rent in addition to our ground lease to increase our rent.

866
01:14:16,420 --> 01:14:22,740
So, there's no free ride here, okay, and I think the, I think there's a misunderstanding here.

867
01:14:23,040 --> 01:14:34,180
The free ride is trying, if this, if you're going to go and sell your business and sell your lease and make a profit from it, the city wants four percent.

868
01:14:35,560 --> 01:14:37,340
Mr. Mayor, I'm not even arguing that.

869
01:14:37,480 --> 01:14:42,040
Well, that's all we're here about. No, because the police, no, that's all we're here about.

870
01:14:42,040 --> 01:14:47,000
part of the proposal, and please understand that if I'm cloudy and I'm wrong, you're

871
01:14:47,000 --> 01:14:47,140
fine.

872
01:14:48,240 --> 01:14:52,140
But you're not in airport advisory board meeting on this, we have not had any notice

873
01:14:52,140 --> 01:14:52,740
on this.

874
01:14:53,160 --> 01:14:54,680
So we're kind of operating blind.

875
01:14:55,200 --> 01:14:59,940
But according to Rufus' slides, this goes for refinance and lease extension.

876
01:15:00,000 --> 01:15:09,720
And that is my level of concern. So maybe we need to defer this to the aviation advisory board to vet this, has it been vetted by the aviation advisory board yet?

877
01:15:10,300 --> 01:15:15,270
No. Well, that was in Rufus's slide asking us to go to the staff.

878
01:15:15,570 --> 01:15:30,650
That's right. That's right. We did not. When we're doing least negotiations with tenants, we do not spell out specifically every transaction or term in that, in that lease,

879
01:15:30,650 --> 01:15:31,830
or the changes.

880
01:15:32,450 --> 01:15:40,330
Again, we went through this scenario of what terms

881
01:15:40,330 --> 01:15:43,650
were in old leases and how we can correct them.

882
01:15:43,870 --> 01:15:46,150
We've made those corrections to ensure we don't

883
01:15:46,150 --> 01:15:48,650
find ourselves in a predicament being on the other side

884
01:15:49,350 --> 01:15:50,850
of a bad situation.

885
01:15:51,590 --> 01:15:55,590
So we don't go in detail to say that we're adding this.

886
01:15:55,710 --> 01:15:59,550
We're adding that because it would be a 10-page memo

887
01:15:59,550 --> 01:16:01,670
that we're presenting to the board.

888
01:16:01,770 --> 01:16:03,030
Mayor, if I could.

889
01:16:04,190 --> 01:16:05,550
So, I think.

890
01:16:06,830 --> 01:16:07,690
I like Rufus's.

891
01:16:08,150 --> 01:16:09,750
I like Rufus's your presentation.

892
01:16:10,070 --> 01:16:15,770
I like the options to consider in way as we're kind of moving forward as a kind of standard practice.

893
01:16:16,330 --> 01:16:21,650
So, I mean, I think Rufus's presentation should go the airport advisory board for them.

894
01:16:22,310 --> 01:16:26,190
Not to focus on a specifically, but holistically, what are revenue sources?

895
01:16:26,370 --> 01:16:27,850
We should consider how are we doing.

896
01:16:27,850 --> 01:16:30,290
I like seeing the business model where we are,

897
01:16:30,370 --> 01:16:31,890
for future grant funding and so forth.

898
01:16:32,190 --> 01:16:33,450
And then I'd love to get some feedback

899
01:16:33,450 --> 01:16:36,570
from the airport advisory board around best practices

900
01:16:36,570 --> 01:16:38,950
that they see and then I'll be able to take this up

901
01:16:38,950 --> 01:16:39,610
more specifically.

902
01:16:41,390 --> 01:16:43,150
Okay, did that make sense to you?

903
01:16:43,190 --> 01:16:44,230
Yes, can we do that?

904
01:16:44,410 --> 01:16:46,190
All right, so the folks that sign up to speak,

905
01:16:47,530 --> 01:16:52,470
since we're going to defer this to the aviation advisory board,

906
01:16:52,590 --> 01:16:54,190
I know you all wanted to speak,

907
01:16:54,770 --> 01:16:57,270
Don Campion, dead Kelly Todd Anderson.

908
01:16:57,270 --> 01:16:58,890
Do you still want to speak tonight?

909
01:17:00,880 --> 01:17:01,660
You still want to speak tonight?

910
01:17:02,080 --> 01:17:03,180
OK, so I'll give you your two minutes.

911
01:17:03,960 --> 01:17:05,400
If you're willing to thank you for your very welcome.

912
01:17:05,560 --> 01:17:06,180
Thank you.

913
01:17:06,360 --> 01:17:07,980
But by the way, while we're waiting for them, Mayor,

914
01:17:08,800 --> 01:17:09,880
so city manager.

915
01:17:10,840 --> 01:17:12,120
So one of the things I'd asked for in a hand

916
01:17:12,120 --> 01:17:14,680
to see that yet is I was asking for projections

917
01:17:14,680 --> 01:17:18,080
talking about what the airports actual needs

918
01:17:18,080 --> 01:17:20,480
for revenue were as part of this conversation.

919
01:17:20,840 --> 01:17:23,080
So I don't see that as part of the presentation.

920
01:17:23,460 --> 01:17:25,360
So when this goes to the airport advisory board,

921
01:17:25,380 --> 01:17:27,040
can we please have that as part of it?

922
01:17:27,040 --> 01:17:30,980
Because if we're going to be asking for more money for the airport, as we've discussed,

923
01:17:31,220 --> 01:17:34,840
I really want to see a demonstrated need for the money, not just because, again,

924
01:17:34,940 --> 01:17:37,160
we can't pull money out of the airport to the general fund, right?

925
01:17:37,240 --> 01:17:42,180
We're not the general fund isn't benefiting from building up reserves at the airport.

926
01:17:42,760 --> 01:17:45,860
And we know that a lot of grant money is out of capital improvements, though,

927
01:17:45,940 --> 01:17:48,320
but most of the capital improvements are funded through grant.

928
01:17:48,420 --> 01:17:51,140
So the more money that we get, the less grant money we're going to get.

929
01:17:51,420 --> 01:17:53,660
Well, we'll talk about that at another time.

930
01:17:54,080 --> 01:17:56,220
So again, all I'm asking you is to ask you is true.

931
01:17:56,220 --> 01:18:00,060
I'm asking you for the financials, okay, we make decisions with data, right?

932
01:18:00,860 --> 01:18:05,440
We make decisions with data, but I don't think we can't make a, you can't make an informed

933
01:18:05,440 --> 01:18:05,740
decision.

934
01:18:05,980 --> 01:18:06,880
I'm asking you for the data.

935
01:18:07,480 --> 01:18:11,900
We make a decision with data, and so I think it's important that the aviation advisory

936
01:18:11,900 --> 01:18:16,500
board have an opportunity to review the data and come back with recommendations and hopefully

937
01:18:16,500 --> 01:18:22,880
be able to refine the process and perhaps answer some of the questions that the commission

938
01:18:22,880 --> 01:18:23,700
is so far up for.

939
01:18:23,700 --> 01:18:30,060
We agreed that I'm asking that the airport, the aviation advisory board get the data because I've been asking for it.

940
01:18:30,180 --> 01:18:31,660
But once I haven't gotten it.

941
01:18:31,700 --> 01:18:32,900
Vice Mayor, we can handle that.

942
01:18:32,960 --> 01:18:33,540
Thank you.

943
01:18:34,720 --> 01:18:34,900
Mayor.

944
01:18:35,440 --> 01:18:35,660
Yes.

945
01:18:36,840 --> 01:18:44,740
I would like to recommend that we also include our auditor in this process as well.

946
01:18:44,860 --> 01:18:52,000
We can look at numbers and, you know, because we have one point I hate to conversation about a million dollar cat.

947
01:18:52,000 --> 01:19:02,040
And my answer, my question is how do we value what's the value to that million dollars compared to the 4% that's being proposed?

948
01:19:02,700 --> 01:19:14,100
So if there's whatever you can share to this conversation, if you can look at what's being proposed and then come back and give us a breakdown or how it applies.

949
01:19:14,100 --> 01:19:20,260
And also, as Vice Mayor has said, when we get that information about where these funds are

950
01:19:20,260 --> 01:19:25,360
going to how they would be used, just give us a breakdown through yours on scope and your

951
01:19:25,360 --> 01:19:26,020
eye.

952
01:19:27,980 --> 01:19:28,180
Don?

953
01:19:29,000 --> 01:19:29,280
Yes.

954
01:19:29,340 --> 01:19:30,860
Thank you, Mr. Mayor, Commissioner.

955
01:19:31,240 --> 01:19:37,440
Don Campion, President of Banyan Air Service, and I wanted to say the policy changes generally

956
01:19:37,440 --> 01:19:41,640
are discussed with the prime tenants and brought before the aviation advisory board.

957
01:19:41,640 --> 01:19:45,880
but this fee seems to have fallen through the cracks, which is really quite unusual.

958
01:19:46,960 --> 01:19:50,020
I'm speaking more from the operator point of view.

959
01:19:50,460 --> 01:19:52,790
As the co-founder of Banyan Error,

960
01:19:53,660 --> 01:19:56,800
46 years ago, along with the airport leadership

961
01:19:56,800 --> 01:19:58,520
and listening to customers,

962
01:19:59,500 --> 01:19:59,960
worked with chef.

963
01:20:00,000 --> 01:20:06,220
Health Air has built a tremendous facility, meeting the needs of customers from all over the world.

964
01:20:06,620 --> 01:20:14,740
On a smaller scale, Zili Aviation, as a prime tenant, who has also invested into their hangers, and which we operate from.

965
01:20:15,120 --> 01:20:28,200
Within the Banyon Shelter Zili Complex, we provide fuel services, maintenance, avionics, jet cafe, pilot shop, air ambulance, passenger and cargo charter helicopter services,

966
01:20:28,200 --> 01:20:30,920
and create an excess of 800 jobs.

967
01:20:31,820 --> 01:20:34,500
Our complex has been cited as the only one in the world

968
01:20:34,500 --> 01:20:38,900
that offers such a variety of services in a single location.

969
01:20:39,560 --> 01:20:44,320
In line with the vision of FACC to become the best general aviation airport

970
01:20:44,320 --> 01:20:48,360
our company, Banyan Air Service, operates on that leesold

971
01:20:48,360 --> 01:20:52,800
of Shelter and Zili aviation, and we were ranked number one in USA

972
01:20:52,800 --> 01:21:06,000
In the USA, by nationally acclaimed professional pilot survey and constantly within the top five aviation companies in international news, and this survey is over 3,000 airports.

973
01:21:06,980 --> 01:21:13,300
Our team at Banyon, we view ourselves as the corporate aviation gateway to the city of Fort Lauderdale.

974
01:21:14,680 --> 01:21:21,920
We treat our customers with that first impression of the city, those company executives come and go out of the executive airport.

975
01:21:21,920 --> 01:21:23,260
Do you search champagne?

976
01:21:26,020 --> 01:21:31,520
And I believe the model and the policies in place at FXC are in that transparent relationship

977
01:21:31,520 --> 01:21:38,300
that we have with airport leadership and the tenants has been able to make FXC to be

978
01:21:38,300 --> 01:21:41,220
a self-sustaining and an ever-advancing airport.

979
01:21:42,080 --> 01:21:47,280
An FBO providing services brings tremendous value to the airport and to the city of Fort

980
01:21:47,280 --> 01:21:49,440
Lauderdale at a tremendous cost.

981
01:21:49,440 --> 01:21:55,760
To the operator such as insurance, training, purchase of aviation equipment, safety,

982
01:21:56,500 --> 01:22:01,780
FAA, and environment regulations, and advertising with the sales force to get our customers

983
01:22:01,780 --> 01:22:07,920
to prefer to come to forlardial executive airport, although it does result in low margins

984
01:22:07,920 --> 01:22:09,540
in the aviation business.

985
01:22:10,260 --> 01:22:16,160
A few at the time of sale should be tied to the airport's actual administrative cost

986
01:22:16,160 --> 01:22:21,580
of reviewing and approving an assignment, not to market value.

987
01:22:22,140 --> 01:22:27,700
Otherwise, the fees are transactional taxed that will adversely affect those that have invested the most.

988
01:22:28,520 --> 01:22:35,460
For example, a percentage fee to an FBO and 10 acres at FACC that's invested into new hangers,

989
01:22:35,740 --> 01:22:43,320
upgrading their ramps, expanding their capabilities and services, is going to pay more upon the sale than an FBO.

990
01:22:43,320 --> 01:22:49,140
on 10 acres that's invested little has not upgraded their facilities are expanded their services

991
01:22:49,140 --> 01:22:55,040
could you please conclude your remarks yet the city would benefit substantially more for the FBO

992
01:22:55,040 --> 01:23:01,360
that had invested more so in closing any new change or new FXE policy must apply to all operators

993
01:23:01,360 --> 01:23:09,500
at the airport not just those like Shelter Banyan who's been the largest contributor now looking to extend the lease

994
01:23:09,500 --> 01:23:11,660
All right, thank you so much.

995
01:23:12,420 --> 01:23:17,320
Deb Kelly is Deb here, Todd Anderson,

996
01:23:19,460 --> 01:23:22,180
followed by Marcos Marcena.

997
01:23:26,700 --> 01:23:27,420
So it's easier.

998
01:23:28,780 --> 01:23:29,240
Oh, it's on.

999
01:23:29,540 --> 01:23:30,240
OK, OK.

1000
01:23:30,720 --> 01:23:31,500
Good evening, Mayor.

1001
01:23:32,140 --> 01:23:34,680
Vice Mayor, commissioner.

1002
01:23:35,020 --> 01:23:38,840
My name is Todd Anderson, and I am the Chief Operating Officer

1003
01:23:38,840 --> 01:23:42,360
for Shelter Aviation based out at Fort Lauderdale

1004
01:23:42,360 --> 01:23:43,200
Executive Airport.

1005
01:23:43,200 --> 01:23:49,340
over 25 years experience. I'm here today to express my overall objection to the

1006
01:23:49,340 --> 01:23:56,320
airports, idea of imposing a transaction fee. When a FX-10 it goes to sell as

1007
01:23:56,320 --> 01:24:01,600
least hold or during any type of refinance and again go by the presentation. A

1008
01:24:01,600 --> 01:24:13,180
little background of Shelter. We've been on the airports since 1977. We have 79

1009
01:24:13,180 --> 01:24:21,420
We approached Mr. James to redevelop some of the old buildings on our leasehold, but he was also interested in us

1010
01:24:21,420 --> 01:24:28,300
Considering us to build new airside compatible hangers on the former FAU parcel, which was already approved

1011
01:24:28,300 --> 01:24:33,620
within the FAA master plan. The only way he would issue

1012
01:24:33,620 --> 01:24:43,160
Only way we could do this project is if he we can get to a new 30 year lease to allow us to

1013
01:24:43,160 --> 01:24:52,900
For the past three years we've been negotiating with Mr. James and the City Attorney and staff for new leases and a new transfer fee was introduced during this negotiation.

1014
01:24:53,560 --> 01:24:59,960
Originally discussed as a cost recovery fee for the city's time to assist a tenant with the provenee.

1015
01:25:01,020 --> 01:25:12,280
We assured the transfer fee was to cover a city cost, not a new form of a revenue stream, as it recently

1016
01:25:12,280 --> 01:25:19,220
involved into. What these new leases will do for the airport is commit shelter to a minimum, capital

1017
01:25:19,220 --> 01:25:25,920
investment of $40 million, increased revenue by developing the FAU parcel, the vacant FAU parcel

1018
01:25:25,920 --> 01:25:32,620
had empiric increases in ground rental rates, but more important and

1019
01:25:32,620 --> 01:25:36,480
impactful will be the reversion of the existing buildings that will substantially

1020
01:25:36,480 --> 01:25:43,200
produce new improvement income for the airport. Okay, no minute. You have 15 seconds.

1021
01:25:44,460 --> 01:25:49,140
Have any transfer fee applied to a sale of the lease to a third party doesn't make sense to us

1022
01:25:49,140 --> 01:25:53,720
when Shelter has paid for all the improvements taken all the risks and spends all the money

1023
01:25:53,720 --> 01:25:59,000
maintaining the buildings. The city has not participated in any financial manner. We've never

1024
01:25:59,000 --> 01:26:03,760
asked for anything from the city, and Shelter has never defaulted on any of our leases.

1025
01:26:04,820 --> 01:26:10,780
The transfer fee concept came to Shelter as he surprised, and sometimes Shelter does not have

1026
01:26:10,780 --> 01:26:17,780
in any of our 18 of the leases we have throughout our network. There was no tenant or sub to public

1027
01:26:17,780 --> 01:26:22,580
or tenant engagement, either. We were told that it was done in 23 with two other smaller

1028
01:26:22,580 --> 01:26:28,760
or tenants, there should be no transfer fee applied to any type of refinancing and that's why I'm here today.

1029
01:26:29,320 --> 01:26:30,540
Okay. Thank you so much. Thank you. Thank you.

1030
01:26:30,860 --> 01:26:33,790
Thank you. Marcos.

1031
01:26:35,170 --> 01:26:36,330
Follow by Ed Smoker.

1032
01:26:36,390 --> 01:26:37,810
Are you still here?

1033
01:26:39,540 --> 01:26:40,980
I think he left.

1034
01:26:41,320 --> 01:26:42,100
Who is he?

1035
01:26:42,100 --> 01:26:42,320
Thank you.

1036
01:26:44,630 --> 01:26:45,070
Okay.

1037
01:26:48,060 --> 01:26:49,780
Would you push the button at the bottom of the speaker?

1038
01:26:51,740 --> 01:26:52,280
Good evening, Mayor.

1039
01:26:52,780 --> 01:26:56,220
Is it possible to put up Rufus's presentation?

1040
01:26:56,220 --> 01:26:58,980
as long as you can do it in two minutes you're welcome to do it.

1041
01:26:59,120 --> 01:26:59,480
No, list.

1042
01:27:00,000 --> 01:27:00,800
Well, I don't let up.

1043
01:27:01,060 --> 01:27:02,300
I don't let up his presentation.

1044
01:27:03,320 --> 01:27:05,060
Can you put back his presentation?

1045
01:27:05,180 --> 01:27:06,000
Well, I'm speaking.

1046
01:27:06,240 --> 01:27:13,710
I just want to be able to pull up the page to list the airports that have the,

1047
01:27:13,710 --> 01:27:15,750
I think they have the what, the transaction fee.

1048
01:27:15,750 --> 01:27:16,870
Have the transaction fee.

1049
01:27:16,870 --> 01:27:17,030
Okay.

1050
01:27:17,030 --> 01:27:18,350
We have it in front of us.

1051
01:27:18,410 --> 01:27:18,690
Okay.

1052
01:27:18,690 --> 01:27:19,310
It's 23.

1053
01:27:21,590 --> 01:27:23,770
So, let me begin.

1054
01:27:23,770 --> 01:27:29,890
I'm Marcos Marchena. I'm the external general counsel for Shelter by way of background.

1055
01:27:30,150 --> 01:27:36,150
I've represented airports regarding FAA in real estate matters for 30 years, including serving

1056
01:27:36,150 --> 01:27:43,050
as the general counsel to Orlando International and Orlando Executive Airports for 10 years.

1057
01:27:43,850 --> 01:27:49,370
When I work with staff at airports, I always try to make sure that the presentations that were brought

1058
01:27:49,370 --> 01:27:55,250
to our boards were streamlined, accurate and complete.

1059
01:27:56,190 --> 01:28:01,930
I just think that decision makers, you guys are entitled to accurate information in order to make

1060
01:28:01,930 --> 01:28:02,710
those decisions.

1061
01:28:02,870 --> 01:28:07,070
So like, I think we kind of are understanding, I think Vice Mayor has pointed out that we'd

1062
01:28:07,070 --> 01:28:09,770
like to see more specifics with regard to these other airports.

1063
01:28:10,090 --> 01:28:12,090
So yes, we're not making any decisions tonight.

1064
01:28:12,510 --> 01:28:16,770
And so we agree that as far as this chart is concerned, it is not complete.

1065
01:28:16,770 --> 01:28:20,370
And we will, we would like it more complete before we make any decisions.

1066
01:28:20,530 --> 01:28:22,490
It's not only not complete, Mayor.

1067
01:28:23,090 --> 01:28:27,690
I need to point out the provision regarding Tallahassee Airport.

1068
01:28:28,570 --> 01:28:32,010
Tallahassee doesn't charge a 2% transaction fee.

1069
01:28:32,410 --> 01:28:35,390
Tallahassee charges and I have the least provisioned here

1070
01:28:35,390 --> 01:28:41,170
from the least in Tallahassee, the lesser of 2%

1071
01:28:41,170 --> 01:28:45,130
of the fair market value of the least sold or $50,000.

1072
01:28:45,130 --> 01:28:55,090
So, in other words, the Tallahassee fee is capped at $50,000, which is really just an administrative cost recovery fee.

1073
01:28:56,170 --> 01:29:00,430
The other airports, Booker Ratone, doesn't have a transaction fee.

1074
01:29:01,570 --> 01:29:07,430
When they say they have a reset, that means the underlying land rent is re-established.

1075
01:29:08,090 --> 01:29:11,150
You do that in the shelter at least every five years.

1076
01:29:11,150 --> 01:29:18,170
Brooksville confirmed for us, they do not have a transaction fee or a reset, they are considering

1077
01:29:18,170 --> 01:29:23,190
imposing a $100 to $200 administrative fee.

1078
01:29:23,650 --> 01:29:29,590
Fernando Indina Beach does not have a transaction fee at all, and St. Augustine does not

1079
01:29:29,590 --> 01:29:37,990
have a transaction fee, so we need to make sure that you are dealing with accurate information.

1080
01:29:37,990 --> 01:29:46,850
I will tell you that in negotiating this leasehold, we were presented a transaction fee in June of 2024.

1081
01:29:47,990 --> 01:29:50,950
We struck it in red line by his mayor.

1082
01:29:51,190 --> 01:29:53,390
We struck it in red line and sent it back.

1083
01:29:54,310 --> 01:29:59,970
There was no discussion regarding a transaction fee again until July of 2020.

1084
01:30:00,000 --> 01:30:19,240
225, when it reappeared without explanation in another draft of the lease. I will also point out to you that in September of 225, you approved a lease modification with another tenant on the airport without a transaction fee.

1085
01:30:19,240 --> 01:30:26,160
And placing us in the same category as WeatherTech and J.M. family who are stand-alone,

1086
01:30:27,780 --> 01:30:36,000
single tenant or single-hanger tenants does not justify grand assurance number 22.

1087
01:30:36,600 --> 01:30:42,900
We are completely different operators. We have put scores of millions of dollars into the airport

1088
01:30:42,900 --> 01:30:47,940
and we'll be investing another $40 million when this lease transaction goes through.

1089
01:30:47,940 --> 01:30:56,080
You can't compare us to weather tech and J&M who were required to invest a total of $200,000

1090
01:30:56,080 --> 01:30:57,620
on their leasehold.

1091
01:30:57,940 --> 01:30:59,860
We are definitely situated.

1092
01:31:00,240 --> 01:31:00,860
Thank you.

1093
01:31:01,100 --> 01:31:02,300
Thank you for coming tonight.

1094
01:31:03,360 --> 01:31:04,280
All right.

1095
01:31:04,660 --> 01:31:05,240
Sandra Kirby.

1096
01:31:05,580 --> 01:31:07,060
Oh, waiting for that, Sherry.

1097
01:31:07,260 --> 01:31:08,620
I need you to sit down with them.

1098
01:31:08,800 --> 01:31:12,260
Please and confirm these issues because that's serious tonight.

1099
01:31:13,640 --> 01:31:17,220
If these, if this is being misrepresented to me,

1100
01:31:17,220 --> 01:31:21,720
there's a 2% winner, it's a $50,000, and we're talking a million dollars,

1101
01:31:23,840 --> 01:31:24,540
that's, that is

1102
01:31:24,540 --> 01:31:29,120
seriously concerning to me. So I need you to sit with them, please, and I need you to get the

1103
01:31:29,120 --> 01:31:32,720
facts straight on this before. There's any further discussion before this goes to the airport

1104
01:31:32,720 --> 01:31:37,080
advisory board, and then please get back together with me and let me know what you find out.

1105
01:31:37,080 --> 01:31:39,700
John Roth, John, are you still here?

1106
01:31:41,690 --> 01:31:44,250
He left Steve Wary, Steve.

1107
01:31:45,370 --> 01:31:47,770
And finally, Ignacio Martinez.

1108
01:31:50,330 --> 01:31:52,870
Mayor, Vice Mayor, Commissioner's good evening,

1109
01:31:53,050 --> 01:31:57,750
Steve Wary on behalf of WAV, I might have a coughing spell.

1110
01:31:58,230 --> 01:31:59,050
So I'm sorry about that.

1111
01:31:59,110 --> 01:32:00,750
I'm coming getting over a flu.

1112
01:32:01,230 --> 01:32:04,310
But anyway, we appreciate the city's goal

1113
01:32:04,930 --> 01:32:07,430
to safeguard the financial position of the airport.

1114
01:32:07,630 --> 01:32:08,910
No question about that.

1115
01:32:08,910 --> 01:32:38,890
The concern that we have is that in speaking with our own FAA lawyers is that, you know, with all due respect to the questions, maybe that have been posed to the city's FAA lawyer, the information that we're getting is that this kind of a transaction fee would very likely run a file of grant assurances 2223 and 24 in addition to revenue diversion rules that are

1116
01:32:38,890 --> 01:32:41,910
are laid out by federal statute.

1117
01:32:42,930 --> 01:32:46,890
So a lot of times with lawyers, the answers you get

1118
01:32:46,890 --> 01:32:50,110
depend a lot on the questions you offer them.

1119
01:32:50,670 --> 01:32:55,030
So I think some additional scrutiny should be done to make

1120
01:32:55,030 --> 01:32:58,230
sure that whatever methods of the city is using to generate

1121
01:32:58,230 --> 01:33:03,650
revenue are not going to get the city into a tight spot.

1122
01:33:04,950 --> 01:33:07,950
Maximizing revenue is nothing wrong with that.

1123
01:33:07,950 --> 01:33:17,230
I'll say this, that when a user is selling its business, the entirety of the value of that

1124
01:33:17,230 --> 01:33:23,070
sale isn't just the lease obviously, we all know that, the lease is a part of it, it's

1125
01:33:23,070 --> 01:33:29,030
one of the assets, fuel trucks are part of the assets, goodwill, IP, brand management, there's

1126
01:33:29,030 --> 01:33:35,810
a lot of other aspects to get taken along with that, that with a larger sale, we were hearing

1127
01:33:35,810 --> 01:33:38,890
about Banyan's world-class operation,

1128
01:33:39,570 --> 01:33:43,250
the portion of a value attributable to the least

1129
01:33:43,250 --> 01:33:47,010
whole part of that is, it's got to be a small fraction

1130
01:33:47,010 --> 01:33:50,110
compared to what it is that they've worked hard

1131
01:33:50,110 --> 01:33:54,730
over more than a half a century to build in terms

1132
01:33:54,730 --> 01:33:59,070
of a solid business, and that should belong to them.

1133
01:33:59,350 --> 01:34:02,290
One more thing, just to close, I'll say this,

1134
01:34:02,290 --> 01:34:06,690
that the totality of what a tenant puts into at least

1135
01:34:06,690 --> 01:34:10,630
least hold rather is not is not encompassed

1136
01:34:10,630 --> 01:34:12,610
within the four corners of the lease.

1137
01:34:13,430 --> 01:34:16,670
Oftentimes, especially with longer term leases,

1138
01:34:17,650 --> 01:34:20,090
the lease may establish a minimum before

1139
01:34:20,090 --> 01:34:23,430
for what has to be invested into that lease hold.

1140
01:34:24,010 --> 01:34:28,690
And over time, the tenant may find themselves exceeding

1141
01:34:28,690 --> 01:34:30,850
that by far a great margin.

1142
01:34:30,850 --> 01:34:37,590
And I know there's differences of opinion about WABAsians track record to date.

1143
01:34:37,590 --> 01:34:48,290
I can tell you this that they're a parcel, A-A-B, least required in total them to invest,

1144
01:34:49,390 --> 01:34:52,070
say, you know, $5 million, $4.9 million.

1145
01:34:53,010 --> 01:34:58,990
And today they've invested almost $15 million, which is triple that.

1146
01:34:58,990 --> 01:34:59,970
Um, so

1147
01:35:00,000 --> 01:35:08,780
So if there was a 4% fee that was being added to that, your tenants in that kind of a position would

1148
01:35:08,780 --> 01:35:13,040
be discouraged and chilled from making those kinds of additional investments, which actually

1149
01:35:13,040 --> 01:35:21,000
improve their business, improve the city's reversion value of those assets. And I think if

1150
01:35:21,000 --> 01:35:25,040
those didn't occur, would put the city in a much worse place. But anyway, I've gone away

1151
01:35:25,040 --> 01:35:29,800
over. Thank you for the indulgence. Well, I don't win it. First of all, Ms. Martinez, with you.

1152
01:35:30,060 --> 01:35:33,280
He's with David. He is. Is there anything else you want to add to his comments?

1153
01:35:35,340 --> 01:35:42,320
I think he's okay. Okay. So let me ask you this. So I agree that when a person sells a

1154
01:35:42,320 --> 01:35:47,620
lease, whether it be a restaurant, whether it be something like this, whether it be whatever

1155
01:35:47,620 --> 01:35:54,800
the circumstances may be, the goodwill is often part of that. So we certainly don't

1156
01:35:54,800 --> 01:36:00,670
expect that to be part of what we want back. But there are situations that over time

1157
01:36:01,320 --> 01:36:06,320
whether it be through inflation or whether it just be through opportunity costs, whether it be the

1158
01:36:07,720 --> 01:36:14,120
the scarcity of opportunity that may exist in an industry and they come to Fort Lauderdale because

1159
01:36:14,120 --> 01:36:22,040
there's an opportunity there. Would you think that there is something that can be attributable to

1160
01:36:22,040 --> 01:36:30,420
city of Fort Lauderdale providing the space and the older lease payment that might be desirable

1161
01:36:30,420 --> 01:36:35,860
to the extent that someone will pay a sum for that and do you think that the city of Fort

1162
01:36:35,860 --> 01:36:38,240
Lauderdale would be entitled to any portion of that?

1163
01:36:39,060 --> 01:36:46,320
Well, I think that would depend on the circumstances, for example, if the city was in a specific

1164
01:36:46,320 --> 01:36:52,500
against and subsidizing the activity of that tenant, then yes.

1165
01:36:52,780 --> 01:36:55,780
But if it's a market, you know, generally,

1166
01:36:56,590 --> 01:36:59,500
if it's a market-driven business decision,

1167
01:37:00,020 --> 01:37:02,640
in which another operator chooses to come to Fort Lauderdale

1168
01:37:02,640 --> 01:37:06,880
because the choices are few and the opportunities here are great,

1169
01:37:08,120 --> 01:37:10,060
we too should benefit from that goodwill.

1170
01:37:10,460 --> 01:37:12,680
Well, but from the city standpoint,

1171
01:37:12,680 --> 01:37:15,720
point, the activity at the airport is revenue neutral.

1172
01:37:16,640 --> 01:37:22,640
Any surpluses at the airport generates, they have to stay within the airport.

1173
01:37:23,140 --> 01:37:25,020
So we're making a great airport.

1174
01:37:25,140 --> 01:37:27,440
I mean, we're making the Taj Mahal of airports.

1175
01:37:27,920 --> 01:37:33,060
But at some point it's going to be only suited to the Maharaja, right?

1176
01:37:33,480 --> 01:37:37,640
But if we want to expand the runways, if we want to improve upon the facilities,

1177
01:37:37,640 --> 01:37:44,780
If we want to, whatever cost to operate this place, if also to add to the capital investment,

1178
01:37:45,760 --> 01:37:49,120
I know that we do get grant funding, but it's not always 100%.

1179
01:37:49,120 --> 01:37:56,040
And so don't you think that the city should want to provide a better place for you, folks,

1180
01:37:56,540 --> 01:38:03,440
you and your neighbors, to want to do business in an environment that isn't tattered, that isn't

1181
01:38:03,440 --> 01:38:08,080
thread bear that that actually represents, you know, I don't want the city of Fort Lauderdale

1182
01:38:08,080 --> 01:38:15,340
to be represented in any way that is that is, you know, that is, you know, you know,

1183
01:38:16,020 --> 01:38:20,020
you know, embarrassing. I want Fort Lauderdale. This is why we're the seventh, right?

1184
01:38:20,340 --> 01:38:23,380
But we have to keep up our standards as much as you want to keep up your standards.

1185
01:38:23,560 --> 01:38:28,380
Right. And we are keeping up our standards. I know what to keep up our standards. Of course,

1186
01:38:28,640 --> 01:38:32,700
but, you know, we're starting to be on the backs of taxpayers. And it hasn't been since

1187
01:38:32,700 --> 01:38:38,880
1977 or whenever that was, you want to keep it that. Of course. But one of the revenue

1188
01:38:38,880 --> 01:38:47,220
diversion core areas is that you can't establish a rainy day fund. And if, you know,

1189
01:38:47,220 --> 01:38:55,140
it's been suggested that maybe down the road, grant sources from FAA or FDOT, you know,

1190
01:38:55,200 --> 01:39:02,680
might be in decline. And my FAA lawyers that I've spoken with have told me that there's been

1191
01:39:02,680 --> 01:39:08,820
talk of that, you know, for the last, you know, 15 years every year, you know, it's a continuing

1192
01:39:08,820 --> 01:39:13,440
thing, but it never happens. It always stays, you know, fairly consistent. But regardless

1193
01:39:13,440 --> 01:39:18,800
of all that, even if we wanted to, you know, believe maybe there was going to be a reduction,

1194
01:39:19,620 --> 01:39:24,020
those, those statutory rules. And I think that this bears further investigation don't take

1195
01:39:24,020 --> 01:39:33,780
my word for it. Basically prohibit the creation of that kind of a fund, you know, it would

1196
01:39:33,780 --> 01:39:38,960
allow a small reserve fund where a lot of fund balance. We're a lot of fund balance.

1197
01:39:39,460 --> 01:39:43,020
Not that. Not that. But there. But it's not a, no, no, you see, you see, we see it from

1198
01:39:43,020 --> 01:39:46,920
one second. So the aviation fund is different. This is not the general fund. So it runs

1199
01:39:46,920 --> 01:39:53,080
in the FAA's, the, no, the FAA decides what's acceptable not us. I understand that, but we've

1200
01:39:53,080 --> 01:39:59,980
of fund dollars. We you're allowed to have a minor fund balance. This is no different than the building permit fund where the state of Florida says if you have

1201
01:40:00,000 --> 01:40:09,080
We have excess money in your building permit fund. You have to return it to all the developers that paid building permits. You're not allowed to build up an excess balance in the building permit fund.

1202
01:40:09,240 --> 01:40:10,020
It's worth the same way.

1203
01:40:10,200 --> 01:40:13,000
I understand that. Okay. All right. Just having a discussion.

1204
01:40:13,260 --> 01:40:14,600
No, no problem. All right. Thank you.

1205
01:40:14,720 --> 01:40:21,120
I also do have some doubt about how scrutinized the weather tech and the JM family leases were.

1206
01:40:21,180 --> 01:40:24,520
I'm not the dumbest guy in the room, and I've looked at, I have read those leases.

1207
01:40:24,520 --> 01:40:33,300
And those provisions relating to the four percent transaction fee relating to refinancing

1208
01:40:33,300 --> 01:40:36,840
net refinansings, I can't make heads or tails of it.

1209
01:40:36,940 --> 01:40:41,760
And I think anybody who was on the tenant side, you know, a lot of very close attention,

1210
01:40:42,420 --> 01:40:44,540
you know, probably would have wanted some clarity on that.

1211
01:40:44,800 --> 01:40:48,880
So I don't know, you know, how valuable that is as a precedent.

1212
01:40:49,480 --> 01:40:53,960
And if you're going to establish something like that with one tenant, you shouldn't,

1213
01:40:53,960 --> 01:40:59,040
You know, have it take effect until it applies universally to all the tenants, otherwise it's not fair.

1214
01:40:59,300 --> 01:41:04,400
All right. Well, we're going to vet this. So we'll sure get back to it. Okay. Mr. Martinez, did you want to say anything?

1215
01:41:05,560 --> 01:41:07,180
Anyone else wish to speak on this item?

1216
01:41:11,830 --> 01:41:14,410
Thank you Mr. Mayor Mr. Vice Mayor Commissioner.

1217
01:41:14,650 --> 01:41:16,890
I just want to add really quickly.

1218
01:41:18,790 --> 01:41:24,960
Well, we are one of the last family on FEOs in San Florida and

1219
01:41:26,270 --> 01:41:31,150
collecting to whether Mr. Werditset, we have invested between both

1220
01:41:31,150 --> 01:41:34,970
parts of the only count one of them over $23 million in our list.

1221
01:41:35,150 --> 01:41:37,210
Well, then we're already, and we're asking also where

1222
01:41:37,210 --> 01:41:41,370
negotiating with Mr. James and the city.

1223
01:41:41,670 --> 01:41:43,810
An extension of our list to invest in our 10 million

1224
01:41:43,810 --> 01:41:45,910
dollars to be let two additional hangers.

1225
01:41:46,750 --> 01:41:53,350
So my point is that we're only doing this, yes, to satisfy the demand that we have, but

1226
01:41:53,350 --> 01:41:58,170
also that will increase the fuel sales, that fuel sales will bring additional revenue

1227
01:41:58,170 --> 01:42:07,550
to their, as we see in the presentation, out of the $13 million of revenue, 1.7 comes from

1228
01:42:07,550 --> 01:42:17,350
tools and as well as the 40 million dollars that the neighbors of shelter and Mr. Seely's improvements

1229
01:42:17,350 --> 01:42:22,530
to his hangars, we are doing all these two make, like you said, Mr. Mayor, one of the

1230
01:42:22,530 --> 01:42:30,830
finest airport in the nation. So with that in mind, we feel that that's the kind of improvements

1231
01:42:30,830 --> 01:42:33,570
that we're bringing into the finance area for loader.

1232
01:42:33,570 --> 01:42:36,910
Okay, great. All right. Thank you so much. We appreciate your investment in our city. Thank

1233
01:42:37,750 --> 01:42:44,450
Okay, so we're going to defer this item then for further discussion, this is just a conference

1234
01:42:44,450 --> 01:42:49,230
item anyway, so there was no vote that was going to be taken today and my understanding

1235
01:42:49,230 --> 01:42:56,050
is that Rufus will now take this to the Aviation Advisory Board and we'll end in concert

1236
01:42:56,050 --> 01:43:03,110
with your participation and with the City Attorney will try to come back with something that

1237
01:43:03,110 --> 01:43:09,770
a little bit, something more that we could accept and agree with the tenants that are airport.

1238
01:43:10,290 --> 01:43:18,290
Thank you, Mayor. Okay, so I'm going to again suspend the conference meeting and go back to the

1239
01:43:18,290 --> 01:43:24,470
evening meeting and let's get back to business.

1240
01:43:29,440 --> 01:43:32,700
All right, let's just quickly go to the

1241
01:43:32,700 --> 01:43:34,080
Santagenda items.

1242
01:43:34,780 --> 01:43:38,560
Vice-mere, do you have any consent agenda items you wish to pull?

1243
01:43:38,840 --> 01:43:40,220
Commissioner, Beesley, Petman.

1244
01:43:41,260 --> 01:43:42,320
Commissioner, glassman, none.

1245
01:43:42,940 --> 01:43:44,220
Commissioner, sorry and saying none.

1246
01:43:44,600 --> 01:43:45,440
And I have none.

1247
01:43:45,760 --> 01:43:49,000
There's someone who's signed up to speak on M1 and M3.

1248
01:43:49,920 --> 01:43:51,320
Are you folks still here?

1249
01:43:51,440 --> 01:43:52,560
Gary Olsen,

1250
01:43:56,840 --> 01:43:59,220
Lisa, want to make her and Tasha Joseph?

1251
01:44:00,180 --> 01:44:04,180
Did you want, we're not going to, we're going to consent to them.

1252
01:44:05,980 --> 01:44:07,240
stand up and say.

1253
01:44:10,960 --> 01:44:11,140
Okay.

1254
01:44:13,180 --> 01:44:17,520
Are you very welcome? Okay. Okay. Okay.

1255
01:44:17,660 --> 01:44:24,620
Uh, someone like. Yeah. We someone like to move to prove to prove to prove to prove to

1256
01:44:24,620 --> 01:44:29,520
I hear that I can remove the seconded. Please call the roll. Vice Mayor Hurts. Mr. Glassman. Yes.

1257
01:44:29,580 --> 01:44:35,240
Mr. Beesley Pippman. Yes. Mr. Swordsman. Yes. Mayor Trenton. Yes. And those consent agenda items are now approved.

1258
01:44:35,240 --> 01:44:39,520
Thank you for your patience tonight. You got to see government in action.

1259
01:44:40,680 --> 01:44:41,680
All right,

1260
01:44:44,020 --> 01:44:45,340
we're going to jump here.

1261
01:44:48,520 --> 01:44:50,740
Just for a minute. Let me get the...

1262
01:45:07,980 --> 01:45:33,500
Okay, we're going to move to ordnance of 1st reading, OFR2. This is an ordnance of 1st reading, amending the City of Fort L'Oreal Code of Ordnance, Chapter 5 article 2, licensed establishments, and article 3, special entertainment overlay district to amend the hours prohibited for the sales, consumption and service of alcoholic beverages and to prohibit off premises, alcohol, consumption and special entertainment overlay districts.

1263
01:45:34,160 --> 01:45:41,520
We have a number of people sign up to speak, but I know Ellen Bogdanoff has promised me that

1264
01:45:41,520 --> 01:45:45,020
if I allow her to speak first, it might shorten the process.

1265
01:45:45,200 --> 01:45:50,940
But before we do that, should I have, I need to have staff come up and explain exactly what

1266
01:45:50,940 --> 01:45:53,080
our attention is here to do tonight, Chris Cooper.

1267
01:46:00,680 --> 01:46:01,800
What are you trying to do, Chris?

1268
01:46:02,980 --> 01:46:04,080
What am I trying to do?

1269
01:46:05,040 --> 01:46:08,560
So good evening, Mayor Commission, Chris Cooper, Deputy City Manager.

1270
01:46:08,560 --> 01:46:14,700
So that and we have before tonight on OFR1 is an amendment that was discussed at the last

1271
01:46:14,700 --> 01:46:17,060
Commission meeting and asked to be brought back tonight.

1272
01:46:17,800 --> 01:46:21,920
The amendment deals with the regulations that govern our special entertainment districts.

1273
01:46:22,260 --> 01:46:27,900
Those are areas within our city that are designated as kind of hubs for entertainment and nightlife.

1274
01:46:28,500 --> 01:46:34,040
With that comes some benefits that those areas get to avail themselves of.

1275
01:46:34,040 --> 01:46:37,960
It includes everything from the ability to have a little bit louder

1276
01:46:37,960 --> 01:46:45,060
of music and sound into the evening. It allows establishments selling alcohol to be located

1277
01:46:45,060 --> 01:46:51,620
in closer proximity to each other than in other areas of our city. It provides for the availability

1278
01:46:51,620 --> 01:46:59,560
of open container, open carry of alcohol outside of establishments. It allows for the open

1279
01:46:59,560 --> 01:47:08,360
of alcohol, and it allows for the ability to sell alcohol until 4 a.m. or as another

1280
01:47:08,360 --> 01:47:14,860
part of the city, that ability goes until 2 a.m. Monday through Thursday and until 3 a.m.

1281
01:47:15,120 --> 01:47:19,380
through the weekends. So following the discussion at the last commission meeting, staff

1282
01:47:19,380 --> 01:47:23,980
drafted an ordinance, which is before you tonight, to address three of those benefits of

1283
01:47:23,980 --> 01:47:29,360
special entertainment districts. The ability to have alcohol outdoors from

1284
01:47:29,360 --> 01:47:34,780
an establishment. The ability to sell alcohol outdoors except within licensed

1285
01:47:34,780 --> 01:47:40,060
and permitted outdoor cafes and sidewalk cafes as well as the ability to

1286
01:47:40,060 --> 01:47:44,680
serve alcohol until 4 a.m. So the ordinance contemplates rolling that back to

1287
01:47:44,680 --> 01:47:51,680
be consistent with what's allowed in the rest of the city. Okay, so it's not just

1288
01:47:51,680 --> 01:47:54,680
But it's also outdoor consumption, right?

1289
01:47:54,780 --> 01:47:58,440
So the ability to drink an alcoholic beverage outdoors from an establishment.

1290
01:47:59,260 --> 01:48:00,060
Within the district.

1291
01:48:02,000 --> 01:48:02,320
All right.

1292
01:48:03,160 --> 01:48:06,400
So those are basically the three items we want to address tonight.

1293
01:48:06,500 --> 01:48:06,780
Correct.

1294
01:48:06,980 --> 01:48:10,440
And I understand there are a number of people who have come here really concerned about this.

1295
01:48:10,480 --> 01:48:16,840
So I appreciate your interest and I appreciate your patience and hearing what we're going to discuss tonight.

1296
01:48:17,900 --> 01:48:26,880
I'm okay with allowing Ellen Boggenoff, who represents one of these establishments, the sway bar.

1297
01:48:27,460 --> 01:48:34,760
Before Ellen, Mayor, could you just outline for everybody where these districts are just in case not everybody knows whether?

1298
01:48:35,060 --> 01:48:44,080
Yeah, I sure can, so a special entertainment district is established in one of the ways is an area that is contiguous and either is under common ownership or common control.

1299
01:48:44,080 --> 01:48:51,320
Common control is basically a lease agreement between multiple parties that puts them under one kind of governance structure

1300
01:48:51,320 --> 01:48:57,220
So our entertainment districts include the hammer sugar payment district, which is right next door on two street

1301
01:48:57,220 --> 01:49:03,640
Now how far does that extend so does that go from like pack a all the way to the railroad tracks as it extent pass the railroad tracks?

1302
01:49:03,740 --> 01:49:10,820
What exactly comprises the membership district so that district includes some but all of these establishments in the area

1303
01:49:10,820 --> 01:49:15,240
again, I go back to that comic control element. So there is a least document that was executed.

1304
01:49:15,480 --> 01:49:22,260
The last one we had is probably from the mid-2010s, kind of 2015, 2016 area.

1305
01:49:23,260 --> 01:49:28,480
Yeah. So there's about seven establishments in the area between, I think it's third avenue

1306
01:49:28,480 --> 01:49:40,800
and second avenue. About one second and south one, south one, south one, south one, south one, south

1307
01:49:40,800 --> 01:49:44,960
The brick old district, which includes the warf and the society building, there's some

1308
01:49:44,960 --> 01:49:50,740
recorporary building district, which is 10 roof in that area, just off Andrew's Avenue.

1309
01:49:51,220 --> 01:49:55,820
There's the two knee district, which are the bars and establishments just north of

1310
01:49:55,820 --> 01:49:59,700
room so rock bar in that area is a district in that beach place.

1311
01:50:00,000 --> 01:50:27,640
Which is the entertainment venue that's just north of that along Illinois. Thank you because I don't, I think people don't realize that there are actually separate areas. I think people just think we got the beach and we've got the machine. This is that's it. So that's right. There are actually five different distinct entertainment districts. That's good. Thank you. Yes, sir. Thank you. Chris, by the way, you're up there. Can you just give me a favor? So we were given a revised. Oh, if our two, what actually was revised in that whole document from what we saw prior to this?

1312
01:50:27,640 --> 01:50:29,900
So in the header there was just text that was doubled.

1313
01:50:30,720 --> 01:50:32,360
So it was just minor screeners there.

1314
01:50:32,420 --> 01:50:33,840
And that's all that was, all that was.

1315
01:50:33,840 --> 01:50:34,880
Okay, thank you.

1316
01:50:36,480 --> 01:50:39,860
Okay, so those are basically the three items,

1317
01:50:40,120 --> 01:50:41,700
the outdoor sales, outdoor consumption

1318
01:50:41,700 --> 01:50:45,300
and the 4 AM service on Friday and Saturday night.

1319
01:50:45,880 --> 01:50:48,280
So, Ellen, thank you for coming tonight.

1320
01:50:48,280 --> 01:50:50,180
We appreciate your participating.

1321
01:50:51,020 --> 01:50:55,680
Tell us a little bit about what the position of your client is.

1322
01:50:55,680 --> 01:51:08,200
Thank you. Ellen Bogdonoff representing Sway, but I also had the opportunity to talk to another a bunch of the other bars on the street and so I would set the stage because we're all on the same page as to what we should.

1323
01:51:08,940 --> 01:51:09,820
I wish you those.

1324
01:51:10,100 --> 01:51:10,800
I wish you were.

1325
01:51:11,120 --> 01:51:11,440
Okay.

1326
01:51:13,860 --> 01:51:25,240
To set the stage for what we feel like a reasonable compromise where we're going to kind of step up. I know that there's been some concern that the association really wasn't doing its job in monitoring itself.

1327
01:51:25,240 --> 01:51:29,480
the challenge they've had is there's been a lot of turnover in businesses in that area

1328
01:51:29,480 --> 01:51:32,900
and I think it's just a lot of people were just trying to surviving in a fell apart.

1329
01:51:33,300 --> 01:51:39,860
Obviously certain circumstances have brought this to a head and we have heard your concerns

1330
01:51:39,860 --> 01:51:44,560
loud and clear and obviously everybody here and can you all just stand up so they understand

1331
01:51:44,560 --> 01:51:52,360
who's here and we're hopefully so these are all folks that have a concern about one issue pretty

1332
01:51:52,360 --> 01:51:58,000
pretty much an only one issue that's in the ordinance. Thank you. You guys sit down. We're going to try to

1333
01:51:58,000 --> 01:52:02,440
limit the speaking because I understand we have a very long meeting we're probably two hours behind already,

1334
01:52:03,540 --> 01:52:11,620
but basically the concern is on the hours. They are prepared before you go there. So the issue regarding

1335
01:52:11,620 --> 01:52:17,980
outdoor consumption, it's not is not. They're all on the same page. It does not help businesses to

1336
01:52:17,980 --> 01:52:22,340
have other people bring in their alcohol from home and drinking it on the street. They're not

1337
01:52:22,340 --> 01:52:24,500
Okay, with shutting off.

1338
01:52:24,560 --> 01:52:26,400
Okay, you look into the outdoor sales.

1339
01:52:26,520 --> 01:52:31,360
Unless you're specifically licensed as a kiosk or from trucks or whatever, they're okay with that.

1340
01:52:31,400 --> 01:52:31,880
Correct.

1341
01:52:31,880 --> 01:52:37,900
Okay, so the only issue is that is being debated tonight right now.

1342
01:52:37,920 --> 01:52:41,060
Is the 4M service on Friday and Saturday nights is that correct?

1343
01:52:41,280 --> 01:52:41,660
Correct.

1344
01:52:42,120 --> 01:52:45,040
They want to maintain the hours of the current entertainment district.

1345
01:52:45,320 --> 01:52:51,900
And one of the challenges I think you all know is that we have the where people are kind of staging over at the garage.

1346
01:52:52,440 --> 01:52:58,820
You know, they're kind of tailgating and they're using that street as an opportunity to walk around with their own solo kind of a good thing.

1347
01:52:59,180 --> 01:53:05,680
Right? So what we feel is we know that enforcement as Commissioner Glassman said is he wants enforcement.

1348
01:53:06,500 --> 01:53:09,000
And the bars are prepared to get together.

1349
01:53:09,000 --> 01:53:14,240
We know there's at least eight that would pay for off duty police work with Captain Jenkins.

1350
01:53:15,080 --> 01:53:20,440
In terms of deciding how many police each night depending on how many bars are open and whether or not it's a holiday,

1351
01:53:20,440 --> 01:53:22,640
whether or not it's something, you know, it's a weekend.

1352
01:53:23,700 --> 01:53:24,580
They would pay for that.

1353
01:53:24,660 --> 01:53:30,040
If a bar does not want to participate in the security, then they're okay with you telling

1354
01:53:30,040 --> 01:53:31,240
them they have to close early.

1355
01:53:32,340 --> 01:53:37,920
This is about giving a special benefit to the entertainment district, and they're prepared to step

1356
01:53:37,920 --> 01:53:40,520
up to the plate and to handle their own security.

1357
01:53:40,680 --> 01:53:41,960
I know that's a work.

1358
01:53:42,480 --> 01:53:46,420
Well, that is something that the logistics we have to, we talked about kind of like a lot

1359
01:53:46,420 --> 01:53:50,140
of ideas and it's something that would be their obligation to sit down, but to basically

1360
01:53:50,140 --> 01:53:55,660
have what you call a chair or a captain of the district that would coordinate and get everything

1361
01:53:55,660 --> 01:54:00,480
and collect the money and pay for the security. Meaning that's just how it would work.

1362
01:54:00,600 --> 01:54:07,020
Like an HOA. Basically, basically. And if the ordinance specifically stated if you didn't participate

1363
01:54:07,020 --> 01:54:10,840
in the security that you would have to close, you wouldn't be able to get the excess hours,

1364
01:54:11,280 --> 01:54:16,200
then that would at least be an incentive for people to stay in the program. We're asking for a review

1365
01:54:16,200 --> 01:54:22,640
of six months, like keep the hours the same, do the other things, let's take a look at six

1366
01:54:22,640 --> 01:54:29,020
months and see how it works out. But there is a very strong belief among a lot of the owners

1367
01:54:29,020 --> 01:54:34,600
that the open container is the key issue and the young adults that are coming to that place

1368
01:54:34,600 --> 01:54:39,620
and walking around with their own solo cups, they're not going to be there anymore because there's

1369
01:54:39,620 --> 01:54:43,860
going to be no incentive. And what the only thing we would ask of the city is to do a better job

1370
01:54:43,860 --> 01:54:49,400
policing the garage to make sure that they're not staging their tailgates there and kind

1371
01:54:49,400 --> 01:54:55,500
of like pouring into the streets. So obviously the reason why this issue has come up is

1372
01:54:55,500 --> 01:54:59,980
because of the violence that has taken place, the gun violence that has taken place there and

1373
01:55:00,000 --> 01:55:08,960
Also on the beach. And we're very lucky that no one got killed in the hemorrhage event, all right. And thank

1374
01:55:08,960 --> 01:55:19,080
God that nothing more serious happened. But it has been the commission's voice so far that we have to

1375
01:55:19,080 --> 01:55:29,980
do something to rein in the sort of indulgent environment that some of these provisions of the

1376
01:55:29,980 --> 01:55:31,480
encourage and entertain.

1377
01:55:33,640 --> 01:55:38,000
And we kind of feel that we started, started with these three provisions.

1378
01:55:38,220 --> 01:55:45,780
One was the open container, open sales outdoors, and we also thought that maybe restricting

1379
01:55:45,780 --> 01:55:53,760
the operation by one hour that that might discourage people from thinking like it's an all-night

1380
01:55:54,440 --> 01:55:58,940
to come out to him or she or go out to the beach and think that, you know, they're going

1381
01:55:58,940 --> 01:56:04,480
to stage their frustrations or disputes, their conflicts with other groups that they,

1382
01:56:04,480 --> 01:56:07,780
that they, you know, are in competition with.

1383
01:56:07,940 --> 01:56:11,640
Because we feel that that's what happened like in a beach place.

1384
01:56:11,940 --> 01:56:15,440
You have two 17-year-olds who are fighting with each other.

1385
01:56:15,540 --> 01:56:17,700
And somehow they acquired guns.

1386
01:56:18,300 --> 01:56:21,740
And somehow they shot one shot the other and killed them.

1387
01:56:21,740 --> 01:56:24,600
And why did they come to Fort Lauderdale Beach for that?

1388
01:56:24,820 --> 01:56:29,880
And why did those other folks come to Hymrshee to have their shootout?

1389
01:56:30,180 --> 01:56:32,180
You know, it's not like the OK Corral here.

1390
01:56:32,720 --> 01:56:38,740
You know, if we do not want, you know, Hymrshee to be seen as, you know, Dodge City.

1391
01:56:38,900 --> 01:56:41,640
We got in the street and, you know, you have a shootout.

1392
01:56:42,260 --> 01:56:48,160
What encourages people to think that that kind of environment is an OK environment

1393
01:56:48,160 --> 01:56:55,640
in which to come play out your things that you want that you want, you expect that you can

1394
01:56:55,640 --> 01:57:00,560
be able to fulfill. Is that, is that error create an audience for you? Is that error create

1395
01:57:00,560 --> 01:57:07,760
an environment for you that you feel is okay? So we don't know the answer and maybe experimenting

1396
01:57:07,760 --> 01:57:12,840
as you say with a few months and maybe changing some of the rules might be the answer, but

1397
01:57:12,840 --> 01:57:17,180
we really need to do something. We're not going to be like other cities that have neglected

1398
01:57:17,180 --> 01:57:23,440
over the years and they become war zones. That's not going to happen in Fort Lauderdale.

1399
01:57:25,760 --> 01:57:30,580
So, so, tell us a little bit more about this program you have in mind, so maybe this commission

1400
01:57:30,580 --> 01:57:36,440
can consider it? Can I make a suggestion here? Before we, Chris wants to say something too.

1401
01:57:36,780 --> 01:57:43,120
Hi. Chris, go ahead. Yes, so if we came back, we came to you last summer. I think in June

1402
01:57:43,120 --> 01:57:45,000
of 2025, we made a presentation,

1403
01:57:45,400 --> 01:57:47,040
specific on the Hammer Scanner Taming District,

1404
01:57:47,240 --> 01:57:48,900
but it really covered all the entertainment districts.

1405
01:57:49,420 --> 01:57:50,500
As a result of that meeting

1406
01:57:50,500 --> 01:57:52,500
with the Commission gave us direction to do,

1407
01:57:52,780 --> 01:57:56,000
was to go back and contemplate a program similar

1408
01:57:56,000 --> 01:57:57,860
to what Ms. Bogunov had just described.

1409
01:57:58,620 --> 01:58:00,960
So we've been meeting with stakeholders in the district,

1410
01:58:01,060 --> 01:58:02,560
other stakeholders such as DDA

1411
01:58:02,560 --> 01:58:04,420
and some of the other entities that are in the district,

1412
01:58:04,840 --> 01:58:06,500
to talk about what that governance structure

1413
01:58:06,500 --> 01:58:08,200
of the Hammer Scanner District could be,

1414
01:58:08,460 --> 01:58:10,360
because we told you this last summer

1415
01:58:10,360 --> 01:58:11,480
and we'll say it again,

1416
01:58:11,480 --> 01:58:13,900
is that the district itself is not compliant

1417
01:58:13,900 --> 01:58:16,040
with the convict control or common ownership elements.

1418
01:58:16,640 --> 01:58:18,020
So that needed to be corrected.

1419
01:58:18,220 --> 01:58:19,720
And so the commission gave us an opportunity

1420
01:58:19,720 --> 01:58:21,380
at that time to work with the groups

1421
01:58:21,960 --> 01:58:23,840
to correct that governance structure

1422
01:58:23,840 --> 01:58:25,920
and come back with a program again,

1423
01:58:26,020 --> 01:58:27,360
very similar to what was described,

1424
01:58:27,900 --> 01:58:30,180
that had some level of oversight, governance,

1425
01:58:30,180 --> 01:58:30,940
and responsibility.

1426
01:58:31,200 --> 01:58:34,520
So that if issues did occur, hopefully they wouldn't,

1427
01:58:34,660 --> 01:58:36,500
but that we could have somebody to hold accountable

1428
01:58:36,500 --> 01:58:37,900
and also some level accountability

1429
01:58:37,900 --> 01:58:40,500
for the individual establishments, potentially a permit,

1430
01:58:40,500 --> 01:58:48,820
or some other sort of way to say, you know, if you're a bad actor, you're not necessarily going to affect the whole district, there could be some consequences for those actions.

1431
01:58:49,120 --> 01:58:54,880
So, we've been working with our city attorney, our staff at DSD to bring back that new governance structure.

1432
01:58:55,400 --> 01:58:59,740
If there's anything, if the commission would like us to move forward with something like that, as Ms. Bogdanoff described,

1433
01:59:00,280 --> 01:59:08,760
we can kind of compare what we've come up with with what she's presented tonight and see if there's any tweaks and things we can do to align those.

1434
01:59:08,760 --> 01:59:12,060
and then bring that back very soon to the commission to consider.

1435
01:59:13,300 --> 01:59:15,860
I don't know if we could bring it back on second reading.

1436
01:59:16,000 --> 01:59:17,960
I'd have to check with the attorney to see if it's just

1437
01:59:17,960 --> 01:59:20,460
to remain to the first reading ordinance.

1438
01:59:20,580 --> 01:59:23,340
If that's something we need to bring back through on first reading for consideration.

1439
01:59:23,620 --> 01:59:24,640
We can have that conversation.

1440
01:59:25,620 --> 01:59:29,920
But Chris, everything that you just said isn't that a requirement of the district having everything

1441
01:59:29,920 --> 01:59:32,260
that we've been able to entertain the districts to have.

1442
01:59:33,520 --> 01:59:37,100
That's something that has not been happening for years now.

1443
01:59:37,100 --> 01:59:42,300
You mentioned what I saw, but also in January of 2024, we saw and we discussed the entire

1444
01:59:42,300 --> 01:59:49,260
chemistry revitalization plan. What's happened since January of 2024 that was not in effect then?

1445
01:59:51,860 --> 01:59:56,320
So in terms of the governance structure for the districts, I don't think anything is changed

1446
01:59:56,320 --> 01:59:59,880
So we've continued to have those conversations with how to adjust.

1447
02:00:00,000 --> 02:00:16,720
And tweak the system by which the district's governed and overseen. We've also been working on things like the ULDR amendments for the uses, the design guidelines, the historic district analysis, and things like that.

1448
02:00:16,720 --> 02:00:28,300
So there's been many concurrent efforts as part of that Ministry of Vision Plan that you received in 2024 that have been ongoing at the same time to bring back to you for adoption.

1449
02:00:28,300 --> 02:00:30,420
And we have a zoning workshop coming up.

1450
02:00:30,620 --> 02:00:31,120
We have a zoning workshop.

1451
02:00:32,000 --> 02:00:33,560
There's a lot of moving parts.

1452
02:00:33,980 --> 02:00:36,500
That we've got to somehow put together.

1453
02:00:36,840 --> 02:00:38,200
I mean, this is happening.

1454
02:00:38,380 --> 02:00:39,100
That's happening.

1455
02:00:39,760 --> 02:00:42,520
So many things are happening in terms of plans and discussions.

1456
02:00:43,260 --> 02:00:44,640
And a talk talk talk talk talk.

1457
02:00:44,880 --> 02:00:47,760
And we've just got to just get off the dime.

1458
02:00:48,020 --> 02:00:49,100
Mayor, here's.

1459
02:00:49,300 --> 02:00:49,820
Here's.

1460
02:00:50,480 --> 02:00:51,140
Thanks Chris.

1461
02:00:51,180 --> 02:00:53,300
Here's my suggestion is.

1462
02:00:54,920 --> 02:01:04,180
That I think for today's reading, I think we should adjust it to narrowly prohibit open

1463
02:01:04,180 --> 02:01:07,760
container and outdoor sales of alcohol.

1464
02:01:10,170 --> 02:01:15,550
Going forward, I think in the next, let's say two months max that there's a discussion

1465
02:01:15,550 --> 02:01:23,550
with representatives of the establishments here, Ellen, so forth, to talk about the components

1466
02:01:23,550 --> 02:01:28,870
Commissioner Glassman's talked about, Chris talked about, and about hours, so that we get

1467
02:01:28,870 --> 02:01:35,390
a little bit of feedback and guidance, and then we make a decision about those components

1468
02:01:36,090 --> 02:01:40,910
and two months from now, but I think we should go forward with the Open Container.

1469
02:01:41,430 --> 02:01:45,390
Well, so his is into weight those extra months, as we're going into spring break.

1470
02:01:46,370 --> 02:01:52,150
So one month, I'm good one, I think we need to have whatever rule, whatever supervisory

1471
02:01:52,150 --> 02:01:57,090
role, whatever detail, officer program you're talking about.

1472
02:01:57,190 --> 02:01:59,930
We need to have that in place by March 1st.

1473
02:02:01,930 --> 02:02:07,470
So, you know, my feeling is that can we have a second reading at the second meeting in February

1474
02:02:08,150 --> 02:02:11,350
as opposed to the next, the first meeting in February?

1475
02:02:12,290 --> 02:02:12,670
You know what I'm saying?

1476
02:02:12,730 --> 02:02:13,770
Yeah, I do.

1477
02:02:14,490 --> 02:02:17,950
Mayor, but because we're kind of conflating issues here, I would recommend it.

1478
02:02:17,950 --> 02:02:24,110
I would like to kind of offer a suggestion, if I may, pretty much along the lines of what

1479
02:02:24,110 --> 02:02:28,350
Commissioner Saurson is saying, if you wanted to have to immediately now, as you said, you

1480
02:02:28,350 --> 02:02:33,070
wanted to last meeting to deal with at least the drinking, which seems to be the biggest problem.

1481
02:02:33,430 --> 02:02:39,210
You could pass this to night on first reading, deleting the reference to hours, leaving that

1482
02:02:39,210 --> 02:02:45,070
issue of hours for the total revamp of the SED ordinance, which we're already working on,

1483
02:02:45,070 --> 02:02:51,430
which we would work with stakeholders to create criteria to potentially increase security

1484
02:02:51,430 --> 02:02:57,050
allow some other opportunities to have the advanced hour. It is the underlying

1485
02:02:58,950 --> 02:03:04,730
documented, it's not the agreements that they all have, so it's a mess, and they could agree

1486
02:03:04,730 --> 02:03:08,190
to some things in the interim while we work to restructure that.

1487
02:03:08,710 --> 02:03:13,730
Okay, Carolyn, can we assume that you're going to work on this aggressively?

1488
02:03:13,730 --> 02:03:20,650
We need to have this in place by the second meeting in February, something, something with your group of

1489
02:03:20,650 --> 02:03:27,030
operators, so that we have some assurance that if we don't have it, we're going to have to have

1490
02:03:27,030 --> 02:03:32,950
the past some kind of ordinance one way or the other. So if we have a voluntary, a voluntary,

1491
02:03:33,830 --> 02:03:40,190
a agreement amongst your operators, so that we feel comfortable, that something's being done to

1492
02:03:40,190 --> 02:03:45,170
provide the necessary supervision in that area that I think the commission would be more comfortable

1493
02:03:45,170 --> 02:03:49,630
in pushing back any further decision on hours of operation.

1494
02:03:50,290 --> 02:03:53,830
I think that they would be willing to do it because they're going to have something to prove.

1495
02:03:53,990 --> 02:03:58,610
I mean, spring break is their Christmas. So it would be important for them to get to have

1496
02:03:58,610 --> 02:04:02,370
not only important to them, it's a good business sense too. They don't want, they don't want

1497
02:04:02,370 --> 02:04:06,110
we're getting out that it's a dangerous area and then college kids aren't coming to for luck.

1498
02:04:06,110 --> 02:04:06,490
Correct.

1499
02:04:08,110 --> 02:04:10,010
So we could work with the group.

1500
02:04:10,210 --> 02:04:13,730
If they're all, um, amenable to that, it just kind of get together and figure out

1501
02:04:13,730 --> 02:04:18,110
how we're going to coordinate and it's working with the police to make sure that they

1502
02:04:18,110 --> 02:04:23,610
have the appropriate number of people on the property on the street, um, during whatever

1503
02:04:23,610 --> 02:04:27,010
time, whether it be weekends or spring break or even during the week.

1504
02:04:27,190 --> 02:04:29,290
Because not all the bars are open during the week.

1505
02:04:29,410 --> 02:04:31,450
There's, uh, a handful that are but not all of them.

1506
02:04:31,510 --> 02:04:32,910
Ellen, here's a problem though.

1507
02:04:33,170 --> 02:04:35,090
So this is not a new issue.

1508
02:04:35,090 --> 02:04:40,910
This has been ongoing for quite a long time. This has come up not just to this commission, but to prior commissions.

1509
02:04:42,110 --> 02:04:46,690
And I will say candidly, some of your operators down there were bad actors.

1510
02:04:47,470 --> 02:04:50,190
Okay, they are notorious for allowing and underage drinkers.

1511
02:04:50,350 --> 02:04:58,270
I can tell you multiple friends of mine whose kids go down there and drink on a regular basis.

1512
02:04:59,410 --> 02:04:59,810
So...

1513
02:05:00,000 --> 02:05:09,580
I'm not impressed by the willingness of these folks to self enforce. They got a lousy track record.

1514
02:05:10,600 --> 02:05:16,980
So I'm hoping that improves. I really am. Because like I said, I know every weekend, kids are down there drinking.

1515
02:05:17,700 --> 02:05:25,100
There's a reason 17 year olds are showing up down there. It's because they're finding folks down there, their own age to hang out with.

1516
02:05:25,800 --> 02:05:32,100
And that's got to stop, you know, the bar owners have got to police themselves better because if they don't, we'll do it for them.

1517
02:05:33,000 --> 02:05:40,440
We did it with threatened beach place years ago to pull their ability to operate as an entertainment district and they clean their act up for a while.

1518
02:05:41,060 --> 02:05:46,300
And if it comes down to that, if they can't police themselves, we will be forced to do it for them.

1519
02:05:46,380 --> 02:05:53,140
They need to get their act together and they have to stop the underage drinking that's taking place in their establishments.

1520
02:05:53,140 --> 02:05:57,160
I don't hold them accountable for what takes place out in the parking lots.

1521
02:05:57,360 --> 02:05:57,860
I agree.

1522
02:05:58,100 --> 02:06:01,940
We've got to get rid of the open container, because we don't know if people are walking

1523
02:06:01,940 --> 02:06:06,040
around with a solo cup that they filled up in their car, or if they got it walking out of

1524
02:06:06,040 --> 02:06:06,320
a bar.

1525
02:06:06,500 --> 02:06:07,500
That's always been a problem.

1526
02:06:07,620 --> 02:06:11,720
As far as I'm concerned, and I've said this, I responded, I must have had 100 emails

1527
02:06:11,720 --> 02:06:12,300
today.

1528
02:06:12,520 --> 02:06:15,320
I probably responded to 50 of them, and I tell them the same thing.

1529
02:06:15,360 --> 02:06:17,340
I don't want to see bourbon street in Fort Lauderdale.

1530
02:06:18,040 --> 02:06:24,300
Okay? I don't want us to be party central for all the Broward County. That's not what I want to see.

1531
02:06:24,760 --> 02:06:31,700
This is not what we're trying to convey now to the world as the image of Fort Loretta.

1532
02:06:31,920 --> 02:06:35,860
We've moved past that. We've grown up. That is not what we're trying to be.

1533
02:06:36,160 --> 02:06:44,020
Entertainment districts are still important. I'm not suggesting that we don't want to create an environment where people can come and

1534
02:06:44,020 --> 02:07:00,380
socialize and be part of an active entertainment district, but what I'm saying is we should not be seen by all of Broward County as you come to this area and you party till dawn and you you show up at 12 o'clock at night already drunk

1535
02:07:00,380 --> 02:07:09,200
or stoned hang out in the parking lot and you come strapped and ready for fun and we don't need that that's not the fault load as I said to a couple of people tonight

1536
02:07:10,000 --> 02:07:12,500
I don't know people that will go down there anymore.

1537
02:07:13,780 --> 02:07:18,020
I don't know people who will bring guests down to that area any more,

1538
02:07:18,280 --> 02:07:19,740
because of the reputation that's developed.

1539
02:07:20,900 --> 02:07:25,420
So if we're trying to help these businesses be successful,

1540
02:07:25,720 --> 02:07:28,720
they need to do a better job of policing themselves.

1541
02:07:28,920 --> 02:07:31,020
And so far, they've done a lousy job of that.

1542
02:07:31,400 --> 02:07:34,880
So I hope this kind of comb-by-out,

1543
02:07:35,040 --> 02:07:38,080
we're going to come together and be better, really works.

1544
02:07:38,080 --> 02:07:48,820
I think there are two things that I can, I can say, number one, I think it's going to be harder for the young people that are underage to come down because they're not going to be able to blend into the street crowd where people are drinking on the street.

1545
02:07:49,320 --> 02:07:57,080
The second thing is is the increased police presence will discourage young people trying to get away with, you know, going in and drinking.

1546
02:07:57,080 --> 02:07:59,600
I do know that I've talked to a number of the bar owners.

1547
02:07:59,820 --> 02:08:03,420
Sadly, you know, and I know there are a lot of people who, you know, back in the day

1548
02:08:03,420 --> 02:08:07,340
when you didn't have pictures on your ID, could walk in the IDs.

1549
02:08:08,340 --> 02:08:15,020
I mean, I mean, myself, but, you know, whatever, but, yes, I heard the rumor on speculation.

1550
02:08:16,060 --> 02:08:20,600
But, but bottom line is the, you know, everything's gotten so sophisticated and I know

1551
02:08:20,600 --> 02:08:22,920
they all have scanners and I've talked to them about that.

1552
02:08:22,920 --> 02:08:26,680
In some of these fake IDs go through the scanners, they do the best they can.

1553
02:08:26,680 --> 02:08:31,500
This is not a hemorrhage problem. This is a Fort Lauderdale problem. This is a state problem.

1554
02:08:31,680 --> 02:08:38,260
It's happening all over the country. I mean kids get away with it because of the sophistication of now the fall side lights.

1555
02:08:38,400 --> 02:08:43,620
But I think what the vice mayor is saying is we all have to be part of this, the mindful what's going on.

1556
02:08:43,840 --> 02:08:51,860
Absolutely. We had an email two weeks ago from a father who emailed all of us, I believe, and said his 15-year-old daughter was served inside a bar.

1557
02:08:51,860 --> 02:09:08,180
Okay, so if these borrowers are going to be not going to lay down the law amongst their own employees, then, you know, why should we be the ones having to always carry, you know, carry the burden of trying to maintain the safety of this area.

1558
02:09:08,180 --> 02:09:16,740
so my feeling is that I personally prepared to let us pass this ordinance taking out the 4M

1559
02:09:16,740 --> 02:09:24,420
a service requirement, but relying on you. Okay. Okay, relying on you.

1560
02:09:24,420 --> 02:09:30,020
You hear that, guys? That you're going to bring together the group of operators who are

1561
02:09:30,020 --> 02:09:38,160
going to participate in this voluntary program to contribute to some kind of fun that's going to

1562
02:09:38,180 --> 02:09:45,280
hire more detail officers and and maintain the safety and the

1563
02:09:45,280 --> 02:09:49,700
Excuse me sir, what are you doing? Are you waving to me? I

1564
02:09:49,700 --> 02:09:51,380
Can't see you

1565
02:09:52,000 --> 02:09:56,820
Oh, oh, hi Richard. I didn't see you. What's matter? He said you're not making a

1566
02:09:57,580 --> 02:09:59,520
Well, I haven't gotten to that yet

1567
02:10:00,000 --> 02:10:01,160
So, relax.

1568
02:10:03,960 --> 02:10:10,120
So, just so that we know, as a commission, that this is not the end of the conversation.

1569
02:10:10,580 --> 02:10:18,620
This is the beginning of an effort to bring the standard of him or she-up, so that people feel safe.

1570
02:10:18,920 --> 02:10:21,700
And at this kind of activity doesn't, again, take place.

1571
02:10:21,700 --> 02:10:26,440
I think that we appreciate it. It's a wake-up call. It's an opportunity, and I think that they can do it.

1572
02:10:26,440 --> 02:10:31,000
And it's just important for them to be able to continue to run their businesses with the

1573
02:10:31,000 --> 02:10:34,660
hours that they do, but they're prepared to step up to the plate and do everything they

1574
02:10:34,660 --> 02:10:36,800
can to address the issues on him or she.

1575
02:10:37,140 --> 02:10:41,160
And Ellen, I would also ask that you really share the documents that we have in place, the

1576
02:10:41,160 --> 02:10:45,460
agreements that are in place, the entertainment district, because what I hear from the residents

1577
02:10:45,460 --> 02:10:48,840
and other parts of that district, whether it's history for a lot of that, whether it's

1578
02:10:48,840 --> 02:10:54,960
the civil bin neighbors, whoever I hear from in that area, it's not even just about some of

1579
02:10:54,960 --> 02:10:59,880
we've talked about, although there was a so serious, but I'm also hearing about the aesthetics of the

1580
02:10:59,880 --> 02:11:04,680
area that hold Carter, the street, that used to be a time when all of the owners were very,

1581
02:11:04,680 --> 02:11:10,060
very responsible in terms of cleaning, in terms of, you know, pressure washing,

1582
02:11:10,660 --> 02:11:15,080
in terms of making sure that when that night was over, actually it's the morning was over,

1583
02:11:16,000 --> 02:11:21,460
that that street was returned to the way that it should be for people to be able to take a walk,

1584
02:11:21,460 --> 02:11:24,620
but whatever it was, all of that's not happening anymore.

1585
02:11:25,660 --> 02:11:28,220
So, you know, everyone that has expressed their opinion here tonight

1586
02:11:28,220 --> 02:11:31,480
on the day, this is correct, but this is not the first time

1587
02:11:31,480 --> 02:11:32,680
we've had this conversation.

1588
02:11:33,740 --> 02:11:37,060
And I think that we've been really patient as a commission,

1589
02:11:38,080 --> 02:11:40,480
because time and again, we're being told,

1590
02:11:40,740 --> 02:11:43,720
we're going to do better, but then that doesn't happen.

1591
02:11:44,300 --> 02:11:46,980
And I really think that probably our patients

1592
02:11:46,980 --> 02:11:48,880
is right at the end of the line now.

1593
02:11:48,880 --> 02:11:56,180
And we're going to really have to see results and we're going to really have to see a change for us not to do something.

1594
02:11:57,020 --> 02:12:04,380
Again, flip side, I don't want to see the good actors punished for the behavior of the bad actors.

1595
02:12:04,880 --> 02:12:07,900
I don't want to see even, we have five entertainment districts.

1596
02:12:08,600 --> 02:12:11,780
We never hear a peak from the majority of them.

1597
02:12:11,820 --> 02:12:16,980
I don't want to see, you know, city mayor, I'm sorry, mayor, city attorney, city manager.

1598
02:12:16,980 --> 02:12:26,000
I don't even want to see other entertainment districts have to abide by what we've decided is a problem in just one or two entertainment districts

1599
02:12:26,000 --> 02:12:35,740
So I think we have to be cognizant of those that are behaving and following what it is in their documents in terms of why we're even extending these entertainment districts

1600
02:12:35,740 --> 02:12:46,720
It's not or it's not by right that you have an entertainment district. It's because you are adhering to an agreement with the city in terms of what you must do to have that ability

1601
02:12:46,720 --> 02:12:52,340
to act as an entertainment district and with that comes all of the extra advantages in terms

1602
02:12:52,340 --> 02:12:56,180
of helping your business and I'm all for that I want to make sure that we are helping

1603
02:12:56,180 --> 02:13:02,040
the businesses but we need help from the businesses. There's no reason why so many institutions

1604
02:13:02,800 --> 02:13:08,980
are willingly serving to 15-year-old, 16-year-olds and 17-year-olds and we know that they

1605
02:13:08,980 --> 02:13:14,060
are and we know that that's a big part of their business so that is a challenge for us right

1606
02:13:14,060 --> 02:13:18,280
now as a commission. But we just have to do better because I don't think we have a choice

1607
02:13:18,280 --> 02:13:24,200
otherwise not do better. So I'm really hoping that you're able to, you know, marshal

1608
02:13:24,200 --> 02:13:28,920
all of those folks and really study the agreement that's in place for the entertainment

1609
02:13:28,920 --> 02:13:34,440
industry. And you will realize how no one's living up to that agreement. No one is living

1610
02:13:34,440 --> 02:13:44,040
up to that agreement. Thank you. No one's living up to that agreement. Thank you. Thank you,

1611
02:13:44,900 --> 02:13:58,520
If we're going to have a discussion, a public discussion about this, then I want to talk about hours tonight, if we want to talk about hours tonight, but it flows.

1612
02:13:59,220 --> 02:14:01,440
Okay, so then I want to make a decision tonight about hour.

1613
02:14:01,540 --> 02:14:06,320
Okay, if we're just wanting to move forward with no open container.

1614
02:14:07,280 --> 02:14:13,340
And by the way, no open container and no alcohol sales outside for me is all special entertainment districts.

1615
02:14:13,340 --> 02:14:19,120
Yeah, I'm not talking about just hammer-she. Okay, so if we're gonna say no up in the country where in the city

1616
02:14:20,000 --> 02:14:28,260
Right, whether entertainment district or not you know allowed to have open containers or you not allowed to have outdoor sales. Okay. Yeah, great

1617
02:14:28,260 --> 02:14:29,860
So if we're gonna do that

1618
02:14:29,860 --> 02:14:34,000
It was it seemed like I when you were saying if we're gonna agree to no open container

1619
02:14:34,000 --> 02:14:39,000
No alcohol sales outside that folks are comfortable with us moving forward without

1620
02:14:40,060 --> 02:14:46,440
changing the hours and having a robust conversation tonight. If you want to have a robust

1621
02:14:46,440 --> 02:14:49,720
conversation tonight, then I want to talk about hours and I want to make a decision tonight

1622
02:14:49,720 --> 02:14:54,480
about hours. So I just want to put that out there, man. We're not there yet. But I agree with

1623
02:14:54,480 --> 02:14:59,980
the commissioner saying, it's a very good point. Either we are going to continue this kind of

1624
02:15:12,240 --> 02:15:29,980
We have a whole bunch of other people who sign up to speak tonight, so I'll call you name if you feel you want to, you want to wait until, you want to wait until the meeting comes up a second.

1625
02:15:29,980 --> 02:15:46,700
time you're welcome to do that where you're welcome to speech tonight. Yes. So we're going to continue that and we're going to go as far as we might want to have a public conversation public comment and then after that the commission has an opportunity to discuss the issue is that's where we always do it.

1626
02:15:46,900 --> 02:15:57,060
I just thought that we agreed to buy for Kate this so and not go all in on this discussion that because I just decide I just thought that made that decision, but maybe I'm

1627
02:15:57,740 --> 02:16:00,700
Let's make sure it's clear what's been said, okay?

1628
02:16:01,260 --> 02:16:04,680
What's been said is, in a according to Ellen Boggenom,

1629
02:16:05,040 --> 02:16:08,980
that the people she represents are fine

1630
02:16:08,980 --> 02:16:12,180
with restricting outdoor sales and outdoor consumption.

1631
02:16:12,820 --> 02:16:13,300
Right, okay?

1632
02:16:13,680 --> 02:16:16,060
So we're good on that, yes, okay?

1633
02:16:16,480 --> 02:16:20,960
The question now comes up the hours of operation, okay?

1634
02:16:21,380 --> 02:16:24,280
Right, and it's right now in the special entertainment district.

1635
02:16:25,180 --> 02:16:31,220
These operators are able to operate on Friday and Saturday night until 4 a.m.

1636
02:16:31,520 --> 02:16:36,540
Okay. That issue we have not yet agreed on. Right. Okay. So now we have public comment.

1637
02:16:36,880 --> 02:16:39,460
And we have the public weigh in on it and then we can make a decision.

1638
02:16:40,240 --> 02:16:40,500
Okay.

1639
02:16:40,580 --> 02:16:40,880
Okay.

1640
02:16:40,900 --> 02:16:41,820
That's so complicated.

1641
02:16:42,180 --> 02:16:45,480
But it's not complicated. It's not what was expressed by Commissioner Sonson.

1642
02:16:45,680 --> 02:16:49,820
What you're saying now is the opposite of what Commissioner Sonson proposed.

1643
02:16:50,000 --> 02:16:51,280
So I just want to know what we're doing.

1644
02:16:51,460 --> 02:16:51,940
That's all.

1645
02:16:51,940 --> 02:16:57,200
And I just told you. Okay. Okay. So I'm not doing stakeholder meetings and so forth.

1646
02:16:57,200 --> 02:17:02,820
I can't move back. Don't you want to hear from the public? Well, I do. I do Mayor,

1647
02:17:03,100 --> 02:17:06,740
but if we want to do that, I want to make a decision tonight. You can make a decision tonight.

1648
02:17:06,740 --> 02:17:10,760
Okay. All right. You can make a decision not to make a decision. Okay. Great. Okay.

1649
02:17:10,760 --> 02:17:13,700
We'll make a decision tonight. Okay. I'll plan. Okay. Just to receive you.

1650
02:17:13,700 --> 02:17:18,260
Thank you for allowing us to speak. And this is pretty important because we've been here before

1651
02:17:18,260 --> 02:17:23,760
about this. And I understand that a couple of months ago, there was a shooting there where

1652
02:17:23,760 --> 02:17:28,980
a couple of people were shot. Five people were shot. And one night, five people were shot.

1653
02:17:29,000 --> 02:17:33,040
I thought it was five over the whole years. One night, five people were shot at one night,

1654
02:17:33,420 --> 02:17:39,240
and another person was killed in on the beach. At peace place. Okay. I did not know that,

1655
02:17:40,140 --> 02:17:46,360
but, well, it's good to hear that you're all in favor of prohibiting the outside sales.

1656
02:17:46,740 --> 02:18:02,400
and, and, and, and, and, and all to our consumption. But whatever you want, it's the hour thing, you know, at four or five o'clock in the morning, they're still going at it. So I heard the, the, the spokesperson say something about hiring security to come in and help protect.

1657
02:18:03,440 --> 02:18:12,580
They did that to us when we had the, the, um, me just in exchange years ago, we wanted to be open late. But the commission came back and said, you got to have fought law to the LPD there.

1658
02:18:12,580 --> 02:18:18,720
not a security guard and it wasn't our decision it was in order for our occupational

1659
02:18:18,720 --> 02:18:24,320
license to be issued we had to have fault law to the LPD there making sure

1660
02:18:24,320 --> 02:18:27,980
that things weren't happening because nothing happened nothing good's happening

1661
02:18:27,980 --> 02:18:33,020
after one two clock in the morning so we commend this commission for doing this

1662
02:18:33,400 --> 02:18:38,340
but not having the hour thing I don't know if that's actually going to help out

1663
02:18:38,340 --> 02:18:42,400
and we have Emily's garden we closed early so you're saying you think that we

1664
02:18:42,400 --> 02:18:44,360
to restrict the hours of operation.

1665
02:18:45,240 --> 02:18:49,440
I think that, look, I think that what we see there every night,

1666
02:18:50,840 --> 02:18:56,760
it's just, it's a manhouse, okay, you know, young kids drinking,

1667
02:18:57,240 --> 02:19:02,860
and no one is placing it, okay, are you favor or against restricting the hours of operation?

1668
02:19:02,920 --> 02:19:05,380
We're in favor of what you wrote here, that's we're in favor.

1669
02:19:05,820 --> 02:19:07,240
Okay, all right, and thank you.

1670
02:19:07,400 --> 02:19:08,440
Thank you, thank you.

1671
02:19:10,280 --> 02:19:12,940
Um, uh, a Skylar Smith.

1672
02:19:14,580 --> 02:19:15,380
See here.

1673
02:19:16,040 --> 02:19:16,060
No.

1674
02:19:16,820 --> 02:19:17,600
John Farino.

1675
02:19:20,040 --> 02:19:20,700
Are you, are you, John?

1676
02:19:24,720 --> 02:19:25,960
Wait, wait, wait, wait, wait.

1677
02:19:27,080 --> 02:19:28,240
Did you sign up to speak?

1678
02:19:29,120 --> 02:19:29,240
Yeah.

1679
02:19:29,240 --> 02:19:29,860
And what is your name?

1680
02:19:30,820 --> 02:19:31,560
Oh, you're the next person.

1681
02:19:32,340 --> 02:19:32,720
Okay.

1682
02:19:33,040 --> 02:19:34,000
Go on up.

1683
02:19:39,760 --> 02:19:40,600
Good evening commissioners.

1684
02:19:40,860 --> 02:19:43,020
And, and thank you for the two and a half minutes of time.

1685
02:19:43,080 --> 02:19:45,020
You're gonna give me two minutes.

1686
02:19:45,240 --> 02:19:46,320
I'll try and keep it really short.

1687
02:19:46,400 --> 02:19:47,360
My name is Steve Burke.

1688
02:19:47,360 --> 02:19:53,140
I'm here today as both a property owner and a business owner with a stake in the survival of this district.

1689
02:19:53,220 --> 02:19:55,100
Foodshown at which business you have.

1690
02:19:55,120 --> 02:19:59,720
I own 200 Southwest Second Street which includes Munchies Pizza Club and nowhere-lunch.

1691
02:20:00,140 --> 02:20:08,040
And I want to be clear about the economic reality of hammer-sheet. The street you remember from 10 years ago, it's gone.

1692
02:20:08,700 --> 02:20:14,880
The market has spoken. Tarpendens is not coming back. Taco Kraft and Rockberger are long gone.

1693
02:20:15,000 --> 02:20:23,600
And the era of 200 launch covers on a weekday died almost a decade ago. During the day, hammer-sheet is a ghost town.

1694
02:20:23,600 --> 02:20:28,540
And I had the former Tarpen Benz space on the market for two years.

1695
02:20:28,640 --> 02:20:32,460
I didn't get one phone call in 18 months, not a single call.

1696
02:20:33,200 --> 02:20:35,680
And I didn't open up because I wanted to be an operator.

1697
02:20:36,540 --> 02:20:38,740
I opened up because nobody else called.

1698
02:20:39,460 --> 02:20:43,080
Him or she has evolved into an entertainment district where people come to dance

1699
02:20:43,080 --> 02:20:47,940
to drink and experience the nightlife that makes Fort Lauderdale a world-class destination.

1700
02:20:48,760 --> 02:20:52,200
And some of the businesses in our street are just profitable enough to keep going.

1701
02:20:52,200 --> 02:21:03,680
to understand the gravity of your decision, please understand the numbers. First, my establishment generates 30% of its annual revenue in three weeks in March.

1702
02:21:04,760 --> 02:21:08,080
So, and I estimate other businesses are in the exact same boat.

1703
02:21:08,720 --> 02:21:15,760
For a lot of us tried restricting March Tourism before and it was a historic disaster that took decades to recover from.

1704
02:21:15,760 --> 02:21:21,360
If we change the hours in March, you are signaling to millions of dollars of tourism hotel

1705
02:21:21,360 --> 02:21:24,880
bookings, restaurant reservations, to take their business elsewhere.

1706
02:21:26,020 --> 02:21:29,120
Further, we haven't had a shooting in March in the past 20 years.

1707
02:21:29,600 --> 02:21:32,140
So please don't sabotage the most critical month of the year.

1708
02:21:32,340 --> 02:21:37,720
I have to, I want to tell you, we got an email from a father who's daughter went into your

1709
02:21:37,720 --> 02:21:40,600
place and what she was 15 years old and she was served.

1710
02:21:40,740 --> 02:21:42,120
What are you doing to church?

1711
02:21:42,120 --> 02:21:48,140
So I want to first address like the idea that there's a lot of underage drinking inside

1712
02:21:48,140 --> 02:21:50,560
the establishments is patently false.

1713
02:21:50,820 --> 02:21:56,980
Munchies has been rated 17 times by the alcohol commission, 17 times, and not a single

1714
02:21:56,980 --> 02:21:59,700
underage person was caught drinking inside munchies.

1715
02:21:59,900 --> 02:22:04,400
Now I'm not saying it's 100% full proof, it's not because the father admitted to us that

1716
02:22:04,400 --> 02:22:09,200
his daughter was served at your place of business and daughters sometimes lie and say that

1717
02:22:09,200 --> 02:22:11,620
are reserved because they can bring a flask in,

1718
02:22:11,620 --> 02:22:13,160
they can bring a flask with their friends,

1719
02:22:13,440 --> 02:22:15,100
but Munchies does not, and I urge you,

1720
02:22:15,280 --> 02:22:17,060
just come on any Friday or Saturday night to Munchies

1721
02:22:17,060 --> 02:22:18,180
and look at our operation.

1722
02:22:18,460 --> 02:22:18,780
All right, I will.

1723
02:22:19,120 --> 02:22:19,980
Operation, right?

1724
02:22:20,040 --> 02:22:22,240
If you are under 21, you get a,

1725
02:22:22,240 --> 02:22:23,700
you do not get a wristband to drink

1726
02:22:23,700 --> 02:22:25,680
our bartenders card to see in your discount.

1727
02:22:26,040 --> 02:22:28,080
You, you absolutely, absolutely.

1728
02:22:28,400 --> 02:22:30,520
So, you know, 17 times in the last three years,

1729
02:22:30,640 --> 02:22:32,280
we've been rated, and I'm not saying

1730
02:22:32,280 --> 02:22:34,100
it's 100% full proof.

1731
02:22:34,220 --> 02:22:35,400
People always look through the map.

1732
02:22:35,400 --> 02:22:38,180
People see the problem that we have as a government here,

1733
02:22:38,180 --> 02:22:42,420
I get the e-mails to have parents that live in the Indiana and New Jersey and a

1734
02:22:42,420 --> 02:22:46,080
wondering whether they should allow their children to come to Fort Lauderdale because of this reputation.

1735
02:22:46,460 --> 02:22:50,620
I get what are you doing to help prevent this problem from. If someone slips through the,

1736
02:22:50,620 --> 02:22:54,940
I get the e-mails from parents. Okay. I get them too. And I say, please send me a picture.

1737
02:22:55,420 --> 02:22:58,340
And I'll look and if they have a fake ID, I will send this to our security.

1738
02:22:58,560 --> 02:23:02,480
We paid over $200,000 a year on train security to police this situation.

1739
02:23:02,680 --> 02:23:06,200
And I'm not saying it's 100% full proof. This is a problem in Fort Lauderdale

1740
02:23:06,200 --> 02:23:11,120
in South Beach, in New York, kids get really good fake IDs that can fool you, that can fool

1741
02:23:11,120 --> 02:23:15,240
me, that can fool all the cops in this room. And there's some time they slip through the cracks,

1742
02:23:15,600 --> 02:23:19,400
but come and look on a Friday or Saturday night, come to our establishment and watch how we do it.

1743
02:23:19,460 --> 02:23:23,780
We do it right. There's something, a 15-year-old does now look like a 21-year-old.

1744
02:23:24,100 --> 02:23:31,240
I agree with you. Okay. I agree with you. Okay. So, let me get back to my speech. Sorry. I've ever.

1745
02:23:32,920 --> 02:23:36,540
Beyond March, the impact of your decision will be staggering.

1746
02:23:36,740 --> 02:23:50,720
We generate 15% of our revenue between 3 a.m. and 4 a.m. between the lost hour during the year and the lost hours during the month of March, we're looking at a 30 to 40% total drop in annual revenue, and the businesses on the street can't survive that.

1747
02:23:50,920 --> 02:23:53,600
This ordinance is that one hour is going to get one hour.

1748
02:23:53,600 --> 02:23:54,360
I'd like you to like it.

1749
02:23:54,360 --> 02:24:03,660
Well, it's that sentence to more than half the business on the street, which is why you see two hundred people here who are employees and people whose lives will be effective, that one hour is critical to us.

1750
02:24:04,360 --> 02:24:09,640
It's 40% of our revenue on the year between the month of March and on the Friday's and Saturday nights.

1751
02:24:10,380 --> 02:24:13,640
So, a solution, a police the street, not the clock.

1752
02:24:14,200 --> 02:24:17,800
Miami Beach didn't shut down Ocean Drive due to the multiple shootings they had over the years.

1753
02:24:18,120 --> 02:24:22,660
They understood that more police and enforcement was a solution, not rolling back the hours.

1754
02:24:22,660 --> 02:24:26,800
They pass measures to manage the behavior, not roll back the hours and kill the culture.

1755
02:24:27,320 --> 02:24:32,140
So I'm standing here respectfully asking you for a six-month reprieve with two specific

1756
02:24:32,140 --> 02:24:35,980
solutions that absolutely cost the city zero.

1757
02:24:36,660 --> 02:24:38,080
Number one, eliminate open carry.

1758
02:24:38,580 --> 02:24:43,340
We need to stop the people who can bring a cheap bottle of booze from home, tailgate and

1759
02:24:43,340 --> 02:24:47,200
city garages, and then poured into a plastic cup and walk up and down the street causing

1760
02:24:47,200 --> 02:24:47,980
mischief.

1761
02:24:48,160 --> 02:24:51,820
These people don't patronize our establishments and the behavior needs to stop.

1762
02:24:51,820 --> 02:24:56,480
And the second solution, private funding for extra police detail.

1763
02:24:57,000 --> 02:24:59,960
All of us on him or she are prepared to independently pay.

1764
02:25:00,000 --> 02:25:10,740
For increased police detail on the street, which combined with eliminating open carry, will give the police the teeth that they need to enforce the law and keep the streets safe.

1765
02:25:11,000 --> 02:25:15,280
Why haven't you hired the detail now already? Why haven't you guys come together?

1766
02:25:15,860 --> 02:25:29,880
Well, I just put it in perspective, I pay $200,000 a year for security. And right now, the police, the police are there, but they can't do anything. Because if you're walking around with a cup, they're not going to go and just stop and frisk and ask every single person,

1767
02:25:29,880 --> 02:25:33,600
for their ID. There's too many people. But if people, if it's illegal,

1768
02:25:33,760 --> 02:25:36,920
it doesn't answer your question. Your proposal is in a private detail. Right.

1769
02:25:36,920 --> 02:25:40,500
Everyone come together, hire private detail. Right. Why haven't you done that?

1770
02:25:40,600 --> 02:25:45,920
We don't have any problems inside. So you know, a job. But it wasn't inside of establishment.

1771
02:25:46,580 --> 02:25:52,140
Okay. Okay. So if it's inside, it's your responsibility. We are designed to

1772
02:25:52,140 --> 02:25:56,340
self regulate any problems inside. And if we have a problem inside, we escort them

1773
02:25:56,340 --> 02:26:00,840
to the police. Okay. And so the police can't really do their job if everybody can walk around with

1774
02:26:00,840 --> 02:26:05,400
a drink. Okay. We're a community. I just encourage you to think broader than just inside your

1775
02:26:05,400 --> 02:26:11,280
walls. We all work together. So I just ask you to think broader. I agree. I'm the biggest problem

1776
02:26:11,280 --> 02:26:16,720
according to everybody sitting here is the tailgate culture. People being able to bring their own

1777
02:26:16,720 --> 02:26:21,280
drinks and tailgate and the garages. And all of the underage drinking that we're talking about

1778
02:26:21,280 --> 02:26:26,240
happens in these garages, not in the establishments. And I urge you to just come if you haven't been

1779
02:26:26,240 --> 02:26:29,320
on a Friday or Saturday night, just come and see how we operate.

1780
02:26:30,420 --> 02:26:31,800
All right, can you conclude your remarks?

1781
02:26:32,160 --> 02:26:35,140
Yeah, I respectfully ask you to just give us 180 days

1782
02:26:35,140 --> 02:26:38,340
to prove to you that these measures can work

1783
02:26:38,960 --> 02:26:41,960
and, you know, refrain from passing an ordinance

1784
02:26:41,960 --> 02:26:44,780
that would be, you know, could cause permanent damage

1785
02:26:44,780 --> 02:26:46,820
to our culture, our tourism, our history,

1786
02:26:46,820 --> 02:26:48,980
and our property values, and the violence,

1787
02:26:48,980 --> 02:26:49,540
not the business.

1788
02:26:49,720 --> 02:26:50,140
Thank you.

1789
02:26:50,200 --> 02:26:50,840
All right, thank you.

1790
02:26:50,900 --> 02:26:52,700
Actually, if you can hang on, because you and I exchange

1791
02:26:52,700 --> 02:26:54,040
a couple of emails earlier today.

1792
02:26:54,180 --> 02:26:54,360
Yes, sir.

1793
02:26:54,360 --> 02:27:03,610
So if I could go and say my deep insult, so we had a good back and forth there yesterday.

1794
02:27:04,110 --> 02:27:05,190
So I thank you for that.

1795
02:27:05,450 --> 02:27:07,450
It was nice and respectful and I appreciate that.

1796
02:27:07,870 --> 02:27:11,770
It's sadly rare that we have respectful dialogue back and forth with folks.

1797
02:27:12,190 --> 02:27:13,570
It's not always very nice.

1798
02:27:13,650 --> 02:27:18,730
So I appreciate that one of the concerns I expressed to you and I think I kind of

1799
02:27:18,730 --> 02:27:25,110
brought it up with Ellen too is one of the things that concerns me with the

1800
02:27:25,110 --> 02:27:36,130
and I want you to kind of address this with me to give me some comfort with it is that it creates a perception that we are a party central, right?

1801
02:27:36,630 --> 02:27:46,790
And years ago a gentleman told me other people's perceptions become your reality and that's been proven true to me over and over and over again throughout my life.

1802
02:27:46,790 --> 02:27:56,370
So folks know you want to go party go down ocean drive in South Beach and guess what they have a lot of problems on ocean drive in South Beach shootings included, right?

1803
02:27:56,970 --> 02:28:07,350
There are areas that become known as a place to go and party long after they cease to be a place to go and party.

1804
02:28:07,350 --> 02:28:14,110
Even for a loaded deal, long after we implemented zero tolerance, our spring break tradition continued

1805
02:28:14,110 --> 02:28:20,370
on despite the fact that we did our level best to try and kill it. People still kept coming here.

1806
02:28:20,950 --> 02:28:29,670
So the behavior that we're trying to reduce will continue on long after we take those steps to

1807
02:28:29,670 --> 02:28:35,430
stop the drinking in the street. There's not going to be some magic flip a switch and we stop the

1808
02:28:35,430 --> 02:28:40,470
anything in the street and people stop coming here. People still have this perception that

1809
02:28:40,470 --> 02:28:46,610
for a lot of the others where you come to party all night long. So if we are not going

1810
02:28:46,610 --> 02:28:52,310
to reduce the hours, if we keep the 4 AM all night long, ray of going, help me understand

1811
02:28:52,310 --> 02:28:58,390
or help me figure out how we're going to stop people from coming down and hanging out and

1812
02:28:58,390 --> 02:29:02,630
standing around in the street. Sure. So first to address you, like, it is an entertainment

1813
02:29:02,630 --> 02:29:07,690
district. The idea is we want people to come and hang out, but we don't want them, but we're

1814
02:29:07,690 --> 02:29:13,130
in K. We're not all night. We don't want them. Respectfully, we're not Tulsa, Oklahoma,

1815
02:29:13,650 --> 02:29:18,970
we're not Lincoln, Nebraska. For a lot of it has a reputation of being a world class entertainment

1816
02:29:18,970 --> 02:29:25,110
destination. People come here because they want to have a good time. So, we're putting it in

1817
02:29:25,110 --> 02:29:30,230
one district is in my opinion, a lot better than letting it spill into Los Angeles and to other

1818
02:29:30,230 --> 02:29:34,690
places that serve drinks, but we just have to police that district and right now the police

1819
02:29:34,690 --> 02:29:38,510
detail that currently exists on the street, there aren't able to police it because they

1820
02:29:38,510 --> 02:29:43,350
don't have the ability to tell people to put away their drinks. If all the people are inside

1821
02:29:43,350 --> 02:29:48,170
the establishments, the establishments know how to regulate inside. Listen, we have problems,

1822
02:29:48,810 --> 02:29:52,870
we our balancers are there to handle it. I'm not a balancer and I used to be a guy that

1823
02:29:52,870 --> 02:29:58,910
every single night I went to bed at 4 a.m. Now I'm in bed by 11. That lifestyle doesn't apply to me anymore,

1824
02:29:59,210 --> 02:29:59,970
But who am I to-

1825
02:30:00,000 --> 02:30:29,880
Judges for people who are night owls that like to listen to some electronic music at three in the morning. They wake up at 11 or 12 o'clock and that's their lifestyle. Just like I mentioned to you in an email, some people wake up at six in the morning and they go for a run down the riverwalk. I don't like to run, but I don't judge people who do. And so there are different tastes and different cultures and for a lot of those that divert city. We need to have these options and the entertainment district if it's police correctly, should be an option for people who, unlike probably most of us,

1826
02:30:29,880 --> 02:30:36,400
Don't go to bed at four in the morning. I'm an early bird myself, but you know, as a business owner as a property owner

1827
02:30:37,260 --> 02:30:41,320
I'm very concerned that passing this ordinance would cause a lot of plywood

1828
02:30:41,320 --> 02:30:47,740
Because a lot of the the businesses to not be able to survive and that has the exact opposite of effect of what you're trying to do

1829
02:30:47,740 --> 02:30:53,900
Which is clean up the street. Let us clean up the street and if we can police the garages and the open container

1830
02:30:53,900 --> 02:30:57,640
I think that solves 95% of the problems. Okay. All right. Thank you sir

1831
02:30:57,640 --> 02:31:11,940
I need to have Chris Cooper come up for a second, please also stay because I need to also know how we're going to be dealing with who is officially recognized in this district and who's not officially recognized in this district so Chris how are we going to address

1832
02:31:12,940 --> 02:31:17,160
businesses that are not a part of the last common control

1833
02:31:17,160 --> 02:31:18,980
least that we had as the entertainment district in

1834
02:31:18,980 --> 02:31:21,540
Hymnsey. For instance, I don't think much is as a part of

1835
02:31:21,540 --> 02:31:26,200
that district. For how are we dealing with that issue sway I

1836
02:31:26,200 --> 02:31:30,140
think Ellen Ellen's client. I don't think they're officially part

1837
02:31:30,140 --> 02:31:33,600
of the entertainment district. So why are these businesses afforded

1838
02:31:33,600 --> 02:31:36,520
the benefits of the entertainment district? If they're not part of

1839
02:31:36,520 --> 02:31:39,540
the entertainment district, help me understand how we're dealing with

1840
02:31:39,540 --> 02:31:50,640
Right, so they shouldn't be. As I mentioned last summer when we presented to the commission we talked about the establishments that were part of that last comment control lease in the ones that weren't and at that time.

1841
02:31:50,760 --> 02:31:58,200
Instead of taking a path of desertification, which was an opportunity for the commission at the time if they chose to do it.

1842
02:31:58,200 --> 02:32:03,440
In lieu of that, you asked us to go back and create a mechanism by which it would be more

1843
02:32:03,440 --> 02:32:07,040
based on a geographic area where there were criteria for being in the district for

1844
02:32:07,040 --> 02:32:11,320
south side of the district and also consequences for being a bad actor in the district.

1845
02:32:11,500 --> 02:32:17,420
So that was the path we set out on back in June to take what's there now and try to

1846
02:32:18,560 --> 02:32:23,700
formalize it and make it more legitimate. Well, that's something we have to definitely deal with

1847
02:32:23,700 --> 02:32:27,860
because we're talking about a district that has,

1848
02:32:27,860 --> 02:32:29,900
obviously, identifiable businesses,

1849
02:32:30,360 --> 02:32:32,460
but then there are all these other identifiable businesses

1850
02:32:32,460 --> 02:32:33,760
that are not part of the district.

1851
02:32:34,080 --> 02:32:36,540
So how are they able to reap the benefits

1852
02:32:36,540 --> 02:32:37,920
of that entertainment district

1853
02:32:37,920 --> 02:32:39,600
unless we do some changes

1854
02:32:39,600 --> 02:32:42,500
or incorporate more businesses into the district?

1855
02:32:42,740 --> 02:32:44,220
Yeah, the only way to make it

1856
02:32:44,220 --> 02:32:46,860
to where they should have those benefits

1857
02:32:46,860 --> 02:32:49,940
is to complete what we started back in June.

1858
02:32:50,340 --> 02:32:52,560
Well, I don't see how we can't.

1859
02:32:52,560 --> 02:32:56,700
Well, at this point, there were certain businesses that think that they could stay open

1860
02:32:56,700 --> 02:33:00,120
so for, but can't because they don't, they're not part of the district.

1861
02:33:00,460 --> 02:33:06,560
Correct. There's probably about 20 establishments total within that hemorrhage area, about six.

1862
02:33:06,720 --> 02:33:11,040
We're part of that last comment control lease, the others, which many of them operate

1863
02:33:11,040 --> 02:33:14,680
as though they are in the district, especially in terms of the hours of operation.

1864
02:33:15,820 --> 02:33:17,760
So what do we do with, where's code compliance?

1865
02:33:17,980 --> 02:33:19,780
How have we permitted that?

1866
02:33:19,780 --> 02:33:22,480
We were, let me just add a question first.

1867
02:33:22,860 --> 02:33:25,640
How is Ivan had a few questions there, but that's okay.

1868
02:33:26,080 --> 02:33:39,860
But how was, well, this is to, anyway, how does code enforcement, what's their role in ensuring that these establishments that are not part of the entertainment district are allowed to continue to operate as if they are.

1869
02:33:41,120 --> 02:33:43,760
So they could be subject to a code violation.

1870
02:33:43,980 --> 02:33:47,360
I mean, operating in the way that they are would be outside of what the code provides.

1871
02:33:47,360 --> 02:33:49,880
So that would be something that could be a issue.

1872
02:33:50,100 --> 02:33:51,960
We have a lot on that.

1873
02:33:52,780 --> 02:33:52,880
Right.

1874
02:33:52,880 --> 02:33:53,640
I can imagine.

1875
02:33:53,640 --> 02:33:59,900
Mayor, just to add, I think the intent was to bring everyone

1876
02:33:59,900 --> 02:34:03,520
into compliance, and that was part of the work that we were doing

1877
02:34:04,620 --> 02:34:06,420
in overhauling the ordinance.

1878
02:34:06,960 --> 02:34:09,660
And we have been working on that since we were given the

1879
02:34:09,660 --> 02:34:11,800
direction from the commission last summer.

1880
02:34:12,300 --> 02:34:16,300
And so it was the understanding that these businesses

1881
02:34:16,300 --> 02:34:19,180
that aren't officially part of the district,

1882
02:34:19,240 --> 02:34:21,660
although located within the boundaries of the district,

1883
02:34:22,400 --> 02:34:25,940
that they were going to be working toward coming into compliance

1884
02:34:25,940 --> 02:34:27,420
with the rules of the district,

1885
02:34:27,520 --> 02:34:31,460
and that we would incorporate them officially at some point,

1886
02:34:31,700 --> 02:34:33,580
but you are correct.

1887
02:34:33,840 --> 02:34:37,620
There are several businesses operating under the privileges

1888
02:34:37,620 --> 02:34:39,580
of a special entertainment district,

1889
02:34:39,840 --> 02:34:43,060
but they are not officially a part of the district

1890
02:34:43,060 --> 02:34:46,260
because they were not part of that common control.

1891
02:34:46,320 --> 02:34:48,460
Okay, common owner, fam on us.

1892
02:34:49,000 --> 02:34:50,860
Okay, and now what do we do?

1893
02:34:51,360 --> 02:34:54,060
Well, I think we're at a critical moment,

1894
02:34:54,260 --> 02:34:57,200
a pivotal moment, so if the commission would like

1895
02:34:57,200 --> 02:34:59,980
to see us allow the-

1896
02:35:00,000 --> 02:35:06,520
These businesses to have that time to get it together so that they can be officially part of the district.

1897
02:35:07,200 --> 02:35:15,820
I've heard that stated tonight, but if the commission is not interested in going that route and having these businesses become part of the district,

1898
02:35:16,220 --> 02:35:21,500
I would want to enforce and ensure that they are not participating in those privileges.

1899
02:35:21,500 --> 02:35:29,680
But again, we're having a policy discussion, and so I don't want to take any action until I know where the commission wants to go with this.

1900
02:35:31,140 --> 02:35:31,160
Okay.

1901
02:35:31,540 --> 02:35:48,060
Mayor, having a lot of conversation that is exclusive to what seems to be him or she, but this ordinance, if I'm not incorrect, it is it will affect all by the district's correct.

1902
02:35:48,060 --> 02:35:52,180
It'll affect all the all the whole city.

1903
02:35:55,420 --> 02:35:55,500
So.

1904
02:35:55,520 --> 02:35:55,980
Wait a minute.

1905
02:35:55,980 --> 02:35:56,320
Go ahead.

1906
02:35:56,560 --> 02:35:57,500
Let me finish my question.

1907
02:35:58,040 --> 02:35:59,080
Because we have.

1908
02:35:59,860 --> 02:36:01,940
We're talking about especially entertainment districts.

1909
02:36:02,420 --> 02:36:04,260
We have districts that are in compliance.

1910
02:36:05,200 --> 02:36:10,720
And they're not having some of the situations and issues that we're seeing in

1911
02:36:10,720 --> 02:36:20,720
machine. Good actors versus bad actors, are we going to, um, in a sense, discipline the whole,

1912
02:36:21,340 --> 02:36:27,020
um, opportunity, all the districts, um, you know, you know how I go. I like to go to the

1913
02:36:27,020 --> 02:36:34,540
don't lose denominator. I'm thinking as a parent, okay? I have five children in my home. One child

1914
02:36:34,540 --> 02:36:42,160
not in is not following the rules. I do not punish all five children. I address the one that is in

1915
02:36:42,160 --> 02:36:49,800
that is not in compliance with the house rules. So I understand what's being said, but I think we also

1916
02:36:49,800 --> 02:36:56,180
need to give consideration to those districts that are being good actors that are not having

1917
02:36:56,180 --> 02:37:03,300
these particular situations. Well I think I think what's being brought up now is that we have certain

1918
02:37:03,300 --> 02:37:06,480
area's geographical areas, the one at

1919
02:37:06,480 --> 02:37:07,920
hammer sheet and the one on the beach.

1920
02:37:08,120 --> 02:37:09,640
Those are the only two entertainment

1921
02:37:09,640 --> 02:37:11,380
districts in the city, correct?

1922
02:37:11,960 --> 02:37:12,680
There's five.

1923
02:37:13,860 --> 02:37:14,920
What are the other three?

1924
02:37:15,420 --> 02:37:18,040
So there's the area that's not as

1925
02:37:18,040 --> 02:37:19,840
brickle, which includes the warfins

1926
02:37:19,840 --> 02:37:21,320
society law, so a separate

1927
02:37:21,320 --> 02:37:22,200
from hammer sheet.

1928
02:37:22,520 --> 02:37:23,160
There's separate from hammer

1929
02:37:23,160 --> 02:37:23,880
at a degree.

1930
02:37:24,160 --> 02:37:25,300
Yeah, there's some McCroy building,

1931
02:37:25,480 --> 02:37:26,580
which includes 10 roof.

1932
02:37:26,740 --> 02:37:27,800
It's talking about a very long

1933
02:37:27,800 --> 02:37:29,160
timber, corrects there.

1934
02:37:29,440 --> 02:37:30,700
And then there's beach place,

1935
02:37:30,900 --> 02:37:32,000
which you know, and then there's

1936
02:37:32,000 --> 02:37:35,760
to me, which is the area of rock bar that's just north of the elbow room.

1937
02:37:36,100 --> 02:37:37,680
Okay, two on the beach.

1938
02:37:38,020 --> 02:37:40,080
Right, so they're basically always very,

1939
02:37:40,600 --> 02:37:42,500
they're, they're, they're, they're contiguous to one another.

1940
02:37:42,820 --> 02:37:43,300
Yes, okay.

1941
02:37:43,680 --> 02:37:50,560
So, so, and now we're learning that not every operator or every bar

1942
02:37:51,940 --> 02:37:54,860
qualifies to be considered

1943
02:37:56,300 --> 02:37:58,180
within the entertainment district,

1944
02:37:58,480 --> 02:38:01,000
because the entertainment district is not just geographical,

1945
02:38:01,000 --> 02:38:05,540
But it's also you have to have a special relationship with the city of contractual relationship, correct?

1946
02:38:06,060 --> 02:38:09,120
So you have to either be under a common ownership or common control.

1947
02:38:09,280 --> 02:38:12,760
Again, hemorrhage operative marker to the common control model through release document.

1948
02:38:13,360 --> 02:38:22,120
And I failed to mention earlier, so while the establishments that are part of a special entertainment district do get the benefits that are afforded to them under that section of our code,

1949
02:38:22,520 --> 02:38:26,580
it also does require some things of the participants in the special entertainment district,

1950
02:38:26,580 --> 02:38:32,000
which includes the filing and updating of a security plan, which does outline detail officers,

1951
02:38:32,360 --> 02:38:36,600
street details, details for the establishments and other security measures that are taken

1952
02:38:36,600 --> 02:38:40,600
for those establishments that are in the entertainment district. It also includes maintenance

1953
02:38:40,600 --> 02:38:44,800
responsibility. So if you're in a district, if you're participating establishment, you're

1954
02:38:44,800 --> 02:38:48,240
required to, you know, power wash your sidewalks, you're required to maintain the alley,

1955
02:38:48,320 --> 02:38:52,360
you're required to maintain the business in a certain way. So it's, it's a little bit

1956
02:38:52,360 --> 02:38:56,420
give and a little bit of get back when it comes to what those documents are going to do.

1957
02:38:56,640 --> 02:39:03,520
So at this point in time, there are certain number of operators that do qualify that have

1958
02:39:03,520 --> 02:39:08,320
their contractual relationship with the city, but then there are those even within that geographical

1959
02:39:08,320 --> 02:39:13,840
boundary that are operating as if they have those privileges, even though they aren't, they don't,

1960
02:39:14,140 --> 02:39:21,520
even though they haven't been given the permission by the city. So if we, so right now the status

1961
02:39:21,520 --> 02:39:27,100
flow is that there's just a handful of businesses that qualify and all the others do not.

1962
02:39:27,440 --> 02:39:33,980
So almost to the point where if we just do code enforcement, we may have solved part of

1963
02:39:33,980 --> 02:39:34,560
the problem.

1964
02:39:35,480 --> 02:39:40,340
So to be consistent with what we shared with you over this summer, that comic control element,

1965
02:39:40,440 --> 02:39:45,360
we believe for the Hemerci district has gone away with the person that they're, we have

1966
02:39:45,360 --> 02:39:46,100
will prove that.

1967
02:39:46,240 --> 02:39:50,100
Well, no, no, no, so they had a comic control element through release.

1968
02:39:50,100 --> 02:39:55,620
That entity that was the overseer of the comic control element has since gone away

1969
02:39:55,620 --> 02:39:59,980
So there's no longer that that controlling entity that could you

1970
02:40:00,000 --> 02:40:05,100
Even form the district. So that's when we shared back in June. It's consistent as far as we know today.

1971
02:40:05,780 --> 02:40:06,900
Right. So go ahead then.

1972
02:40:07,140 --> 02:40:07,360
You know.

1973
02:40:07,540 --> 02:40:19,760
So we have not, we have not, we have not finalized any revision of the entertainment district requirements.

1974
02:40:20,140 --> 02:40:27,100
We have not gone that far, but operators are operating still as if they're, as if they're complying

1975
02:40:27,100 --> 02:40:31,660
based on the previous requirements that you just described the common control thing.

1976
02:40:31,960 --> 02:40:36,880
Right, that's that disintegrated right went out, but it's still operating as if they are, right,

1977
02:40:36,880 --> 02:40:42,140
right, but they technically don't have that authority. All right, it's very it's good to know that.

1978
02:40:42,140 --> 02:40:47,560
I appreciate you telling me that your bars are not part of the district,

1979
02:40:50,280 --> 02:40:55,760
put the put the mic on, I'm sorry, so to provide some color on common control of the first

1980
02:40:55,760 --> 02:41:01,340
past a person passed away and then when COVID happened a lot of new entities came in didn't exactly

1981
02:41:01,340 --> 02:41:07,640
know and there needs to be an agreement with the city and so we're willing to be undercommon control

1982
02:41:07,640 --> 02:41:13,840
and we've been trying to formulate that with our discussions with the city attorney as cities

1983
02:41:13,840 --> 02:41:18,480
staff COVID. Yes, no, recently in the past year when we've been talking about solutions,

1984
02:41:18,480 --> 02:41:19,080
when did the person?

1985
02:41:19,080 --> 02:41:19,700
There's this district.

1986
02:41:20,300 --> 02:41:22,860
Oh, they, uh, 10 years ago.

1987
02:41:23,320 --> 02:41:23,540
Yeah.

1988
02:41:23,880 --> 02:41:28,980
And then, and then, yes, and then my cousin Greg was trying to be, Greg Berkowitz,

1989
02:41:29,560 --> 02:41:34,420
was trying to be in charge of the district and comic control, but still needed the agreement

1990
02:41:34,420 --> 02:41:38,700
with the city, and there, there wasn't, there wasn't.

1991
02:41:39,520 --> 02:41:44,780
So, basically you're operating outside the scope of your, in good faith, we've been trying

1992
02:41:44,780 --> 02:41:48,540
to get the common control agreement with the city and just, we, there's, there's this

1993
02:41:48,540 --> 02:41:52,880
attitude, okay, right now. Right now, technically, technically. Yes, yes, okay, you're

1994
02:41:52,880 --> 02:41:57,040
on. Okay. So, Mayor, that's what I want a little clarity on, City Attorney

1995
02:41:57,040 --> 02:42:07,060
I'm going to ask you and Chris, I'll ask you. So, you can take seat, thank you. Okay, so, if

1996
02:42:07,060 --> 02:42:13,160
I'm understand this right, does common control still exist in him or she for a number

1997
02:42:13,160 --> 02:42:19,900
businesses or no? Yes or no? Effectively no. Common control does not exist anymore. Effectively

1998
02:42:19,900 --> 02:42:20,480
none. Okay.

1999
02:42:22,900 --> 02:42:30,480
So if common control does not exist for any business in the Hymmer-Chief Special

2000
02:42:30,480 --> 02:42:39,140
Entertainment District, then businesses abide by the standard city, powers of operating

2001
02:42:39,140 --> 02:42:40,720
alcohol sales. Is that correct?

2002
02:42:43,680 --> 02:42:47,800
Yes, the the agreements are not and and the ordinance does not give any

2003
02:42:48,760 --> 02:42:53,660
other authority other than to de-certify in terms of enforcement.

2004
02:42:55,220 --> 02:43:02,320
So it's not clear and this is what I'm trying to express is by revising the CD ordinance entirely.

2005
02:43:02,660 --> 02:43:07,860
We can recreate all of these standards. We could we could give by other licensed or

2006
02:43:07,860 --> 02:43:15,140
petition each individual entity, the opportunity to have that extra hour. Instead of messing

2007
02:43:15,140 --> 02:43:19,920
with this common control, which is unworkable, we have found, leaving us in a situation

2008
02:43:19,920 --> 02:43:28,900
where we really don't know where it stands. Sure. And as of right now on the books, businesses

2009
02:43:28,900 --> 02:43:36,460
and him or she need to abide by standard city hours. Is that correct or not correct? That is correct.

2010
02:43:36,460 --> 02:43:42,440
I mean, there are listed specific entities within the common control, some of which exist

2011
02:43:42,440 --> 02:43:46,280
and some do not. Of course, I think you could probably speak to that, then those would

2012
02:43:46,280 --> 02:43:51,260
have the benefit of the actual agreement, but I thought you said common control doesn't

2013
02:43:51,260 --> 02:43:51,340
exist.

2014
02:43:51,360 --> 02:43:59,240
I said effectively it doesn't because it is, it's not, many of the businesses don't exist any

2015
02:43:59,240 --> 02:44:06,320
longer, and so it's really not even an enforceable concept. We don't have the person who manages

2016
02:44:06,320 --> 02:44:12,040
it. It's not worth the extended hours or not, of course, all right. Well, they are. They're

2017
02:44:12,040 --> 02:44:17,020
enforceable as to those who are who entered into the agreement when the comic control

2018
02:44:17,020 --> 02:44:22,140
was structured. So with the code of ordinances says in the special entertainment

2019
02:44:22,140 --> 02:44:27,300
district section is that if there's a belief that a special entertainment district has not been

2020
02:44:27,300 --> 02:44:33,660
compliant for at least 180 days or more that the city commission can direct staff to draft

2021
02:44:33,660 --> 02:44:37,820
ordinance and then by motion approved the de-certification of a special entertainment district.

2022
02:44:38,460 --> 02:44:42,580
So, to me, if we were to look at that last common control document, if we didn't believe

2023
02:44:42,580 --> 02:44:46,640
they were compliant or that it was still compliant with the code, that would be the process

2024
02:44:46,640 --> 02:44:51,080
by which that would be de-certified. Until then, I think we operate into the assumption that

2025
02:44:51,080 --> 02:44:55,080
that last document that lists those businesses would be an effect until the commission took that

2026
02:44:55,080 --> 02:44:59,380
action to actually de-certify that district. Okay. Now, the businesses that weren't part of that,

2027
02:44:59,380 --> 02:44:59,880
That's a difference.

2028
02:45:00,000 --> 02:45:13,260
Sorry, but I think if you were to ask what about the ones that were part of that, that would be the process by which, and I'll see Attorney, if she agrees, but I think that would be the process by which you would take action if that was your decision.

2029
02:45:13,540 --> 02:45:29,780
Okay, so in other words, your reading is I think it's six businesses are in the district and are allowed to benefit of longer hours due to some degree of common control still in existence or legacy common control still in existence.

2030
02:45:30,000 --> 02:45:36,360
So I don't we don't believe the common control is still an existence, but until the commission

2031
02:45:36,360 --> 02:45:41,160
moves to desertify that district, we are going by the last common control document that we have

2032
02:45:41,160 --> 02:45:46,500
to identify those businesses that allow those six businesses to operate in the longer act.

2033
02:45:46,800 --> 02:45:52,270
Okay. I think it may be eight, so I think it may be more than six.

2034
02:45:53,560 --> 02:45:59,400
Okay. So eight. So in other words, outside those eight businesses in

2035
02:45:59,400 --> 02:46:08,760
Every one else in him or she should be operating in a standard city hours for the sale walk a whole so forth. Yes, okay

2036
02:46:08,760 --> 02:46:14,920
So man, I think that matters in this discussion and I think until we

2037
02:46:17,020 --> 02:46:17,700
Revise

2038
02:46:17,700 --> 02:46:23,460
Revisit common control and possibly broaden it to others. We have to

2039
02:46:24,600 --> 02:46:31,500
stand by the current allowances status quo for well the current allowances while I think

2040
02:46:31,500 --> 02:46:35,420
status quo has been oh not to excuse it not to status quo but but I'm

2041
02:46:35,420 --> 02:46:41,200
overly permissive right the status quo not the status quo but to but to enforce

2042
02:46:41,200 --> 02:46:46,580
the laws that now currently is right we we have to because they're that is the

2043
02:46:46,580 --> 02:46:52,520
law on the books so who has city manager do you have a definitive list of those

2044
02:46:52,520 --> 02:46:59,420
that are in the district and are falling under the umbrella of, of course, it's going to be

2045
02:46:59,420 --> 02:47:03,600
always that Chris has that person. Yes, I have the list, Chris, I'll have the list. Chris, if you

2046
02:47:03,600 --> 02:47:08,580
could come. I'd like to, I'd like to hear that, City Mayor, everyone can. So we understand who

2047
02:47:08,580 --> 02:47:10,320
as of right now is able to operate

2048
02:47:14,060 --> 02:47:18,240
because if you, if you're not able to operate, that means

2049
02:47:18,240 --> 02:47:25,960
you are not committed to performing the tasks that the law requires you to perform, like cleaning

2050
02:47:25,960 --> 02:47:33,620
place up in the morning and stuff like that. I just think that, oh, oh, here she comes. Yeah. So the last,

2051
02:47:33,620 --> 02:47:39,180
you know, go ahead. So the last seven that we had in a comic control document are the following

2052
02:47:39,180 --> 02:47:46,280
Revolution live, Club Euro, E-bar, Capones, original fat cats, Stacey Rylees, and Swiggies.

2053
02:47:48,540 --> 02:47:55,940
And all the others are not, they were not part of the last time, right? Those again, just so I can kind of

2054
02:47:55,940 --> 02:48:03,240
euro, ebar, capones, original fat cats, dicey, riles and squiggies. That's just in the

2055
02:48:03,240 --> 02:48:06,720
him or she. That's the same damage. That's correct. And the other entertainment

2056
02:48:06,720 --> 02:48:14,880
districts, everyone is compliant and compliant. Yes. Okay. Yeah. Okay. So, Mayor,

2057
02:48:15,180 --> 02:48:22,380
just as we continue this discussion and so forth. I mean, I think that we have a couple,

2058
02:48:22,380 --> 02:48:28,400
decisions, which is the ones that are in the district and allowed the longer hours to allow

2059
02:48:28,400 --> 02:48:32,540
those longer hours for those seven. Chris is always said seven, I think if he's, I think

2060
02:48:32,540 --> 02:48:40,380
he said, to continue to operate in those longer hours. So I think that's one of the decisions.

2061
02:48:40,840 --> 02:48:46,920
And then the future decision is, do we, is there a broader conversation for allowing others

2062
02:48:46,920 --> 02:48:51,420
to be part of the district? And I think that that opportunity should be made available to them.

2063
02:48:51,420 --> 02:49:09,800
Yeah, I agree. So that's a that's a that's a second conversation exactly right. Okay. All right. So all right. So there are more people that sign up to speak. Did you want to say anything else Chris. Okay. More people sign up to speak Samantha Cosslow from Munchies and Capones.

2064
02:49:10,680 --> 02:49:15,540
followed by Larry Mayley. And Danny Coleaca.

2065
02:49:23,350 --> 02:49:28,550
That was not her? Okay Samantha? That was not you? Okay.

2066
02:49:29,890 --> 02:49:30,770
Is Larry here?

2067
02:49:33,460 --> 02:49:38,140
Larry. Could you just push the button at the bottom? Sure, but yeah, great. Perfect.

2068
02:49:39,460 --> 02:49:41,580
One thing. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Thank you very much.

2069
02:49:41,580 --> 02:49:48,320
from Emily's garden. So we call it entertainment district. But what kind of entertainment do

2070
02:49:48,320 --> 02:49:55,260
you guys do? I own Emily's garden? I'm trying my best to have basically a family-oriented

2071
02:49:55,260 --> 02:49:59,320
business, the comment that I have from a lot of my customers.

2072
02:50:00,000 --> 02:50:06,040
My business is basically lunch, dinner and that, and I'm that because of you. Most of the people

2073
02:50:06,040 --> 02:50:12,220
want work from where the high rise are, through my restaurant, and same thing is for pizza craft,

2074
02:50:12,600 --> 02:50:19,220
jaceli's a manager, because of our dangers they think it is to walk through the bar.

2075
02:50:20,200 --> 02:50:28,780
Well, you can shake your head. I honestly believe you're in the business over selling to people. It is illegal to get people drunk, and you guys do.

2076
02:50:28,780 --> 02:50:33,760
I mean I'm sorry to say I had enough you guys have been talking about you know I hope

2077
02:50:33,760 --> 02:50:41,260
these and that and that it's if you fail with the business it's because your business model is not sustainable

2078
02:50:41,260 --> 02:50:44,980
not because of city tells you what to do I mean I'm sorry but

2079
02:50:45,940 --> 02:50:51,620
the street is horrible it's a land of no one there is no code enforcement that's through you right

2080
02:50:51,620 --> 02:50:57,880
you know they are allowed to have a dumpster like three yard dumpster in the street if I do that

2081
02:50:57,880 --> 02:51:04,620
I'm in trouble and I'm like right next to it. Why is entertainment this thing allowed to do that in the street?

2082
02:51:05,220 --> 02:51:10,040
Why are they allowed to have a loud music and sometimes you have to shut off a music?

2083
02:51:10,820 --> 02:51:15,580
Because their club next door actually is a parking between me and the club put it so high

2084
02:51:15,580 --> 02:51:20,700
There are no other business and we're talking about nine ten p.m. and Sunday a lunch

2085
02:51:20,700 --> 02:51:22,520
I don't think it's okay

2086
02:51:22,520 --> 02:51:26,860
I'm sorry, you know, you can have all your your employees come over and

2087
02:51:26,860 --> 02:51:33,980
protest, but you gotta do it by the business, too. You can just ask the city to control you.

2088
02:51:34,280 --> 02:51:36,660
It's a public business. What's the name of your business?

2089
02:51:37,080 --> 02:51:40,640
Emily's got it then. Okay. All right. Well, thank you. Thank you.

2090
02:51:40,940 --> 02:51:45,280
Thank you. Danny, Danny, Collika.

2091
02:51:47,690 --> 02:51:50,150
Is that you, Danny, Danny up?

2092
02:51:50,150 --> 02:51:53,590
Follow by Jamie Norris Kinghorn,

2093
02:51:56,700 --> 02:51:59,700
followed by Derek Cursor.

2094
02:52:01,080 --> 02:52:06,400
There's this famous button. Are you Danny? Are you Danny? Yes, nice to meet you guys.

2095
02:52:07,720 --> 02:52:14,340
Who's going? Yes, so I've heard a lot of discussion and I want you guys to know that

2096
02:52:15,700 --> 02:52:25,220
us personally, we've had our issues and it does deter our customers from coming to our club for the streets to be the way they are.

2097
02:52:25,780 --> 02:52:34,940
But we have not had any power to do anything about it, and I know somebody discussed before, but we do pay detail every week to be there.

2098
02:52:34,940 --> 02:52:41,240
this is yours chemistry nightclub. So I mean, I don't know if it's irrelevant because I just heard

2099
02:52:41,240 --> 02:52:47,220
you guys talk about the entertainment district and we're not a part of it. So right now trying

2100
02:52:47,220 --> 02:52:52,800
to fight for my 4 AM, I need to figure out how to get in the entertainment district, but I can promise

2101
02:52:52,800 --> 02:52:59,660
you as one of the newer venues there, we are very strict and when it comes to IDN, you won't find

2102
02:52:59,660 --> 02:53:08,300
anybody underage drinking in our venue. A lot of our businesses, 21 plus depending on the type of event.

2103
02:53:09,680 --> 02:53:16,600
But the problem that we have is that the detail officers cannot enforce anything on the streets.

2104
02:53:17,240 --> 02:53:21,860
Even when we hire, they stand there. I've asked them to remove people from our parking lot

2105
02:53:21,860 --> 02:53:31,960
and they say they can't, so it's going to be something that the city and us need to work on to enforce it.

2106
02:53:32,760 --> 02:53:44,460
So, and like somebody else said, we need to give them the teeth to be able to move these people out of our parking lots, out of our streets, so that we could bring a better class of people into our neighborhood.

2107
02:53:44,720 --> 02:53:45,920
Okay, we get it.

2108
02:53:46,160 --> 02:53:47,240
So, all right, thank you.

2109
02:53:47,260 --> 02:53:48,040
I think that's about it.

2110
02:53:48,040 --> 02:53:48,620
Thank you.

2111
02:53:48,620 --> 02:53:58,300
Hey, city attorney, if an underage person is drinking in a street, is that considered illegal?

2112
02:53:59,000 --> 02:53:59,880
Well, yes.

2113
02:54:01,040 --> 02:54:07,320
So if a person has got us keep hearing the solo cup, is drinking a beer in the middle of

2114
02:54:07,320 --> 02:54:09,620
him or she's street and they are 15 years old.

2115
02:54:10,700 --> 02:54:13,000
Can a police officer cite them?

2116
02:54:13,300 --> 02:54:15,480
Yes, the police officer was aware of that.

2117
02:54:15,680 --> 02:54:15,880
Right.

2118
02:54:15,880 --> 02:54:20,840
Okay, so to say that we don't have the we don't have the teeth in our laws. I don't think it's correct.

2119
02:54:20,920 --> 02:54:25,720
This is just a matter of enforcement. So all right. Thank you.

2120
02:54:25,920 --> 02:54:26,060
Jamie.

2121
02:54:29,250 --> 02:54:29,510
Here you go.

2122
02:54:29,790 --> 02:54:31,170
Thank you.

2123
02:54:31,170 --> 02:54:34,210
Thank you for allowing me to speak mayor in the city of Florida.

2124
02:54:34,970 --> 02:54:39,710
My name is Jamie Norris Kinghorn and I've been a resident of South Florida for over 40 years.

2125
02:54:39,850 --> 02:54:41,970
And I care deeply about the future for it.

2126
02:54:41,970 --> 02:54:42,810
it out.

2127
02:54:43,710 --> 02:54:48,490
Professionally, I am not only a owner of nightclubs shop and e-commerce, that service

2128
02:54:48,490 --> 02:54:53,370
is nightclubs, not only in South Florida, but throughout the world internationally, but I

2129
02:54:53,370 --> 02:54:58,230
also a senior leader at a major healthcare organization, one of the top five fortune companies.

2130
02:54:59,490 --> 02:54:59,970
So I have to...

2131
02:55:00,000 --> 02:55:13,780
My work brings partners, talents and clients from outside the United States into South Florida, people who invest here, spend here and evaluate whether this city is when they want to return to and do business in.

2132
02:55:14,680 --> 02:55:24,900
I share that because policy decisions like this do not exist in a vacuum. They shape how Fort Lauderdale is perceived, not just locally but globally.

2133
02:55:24,900 --> 02:55:34,100
So, I want to be very clear, I support public safety, I support accountability, and I support holding bad actors responsible.

2134
02:55:34,980 --> 02:55:39,580
But what I do not support is a blanket curfew on nightlife in liquor sales.

2135
02:55:40,280 --> 02:55:45,240
Because it does not address the root causes, and it creates unintended consequences.

2136
02:55:46,420 --> 02:55:59,900
curfews do not eliminate late night activity. They displace it. This ordinance goes further by creating special entertainment overlay restrictions and high impact zones that can be expanded during loosely defined periods.

2137
02:56:00,600 --> 02:56:09,360
And that kind of discretionary framework creates uncertainty for businesses, workers, residents, and investors rely on predictable rules.

2138
02:56:09,360 --> 02:56:15,060
When enforcement standards are not clearly defined or data triggered, compliance becomes

2139
02:56:15,060 --> 02:56:17,640
subjective and that undermines the trust.

2140
02:56:18,500 --> 02:56:23,800
So when venues are forced to close at the same time, crowds spill into streets, parking

2141
02:56:23,800 --> 02:56:28,200
areas and ride share zones all at once, increasing congestion and disorder.

2142
02:56:29,080 --> 02:56:33,620
The partially managed venues with license, security and staggered closing times provide

2143
02:56:33,620 --> 02:56:37,040
far more control and oversight than con-uncontrolled alternatives.

2144
02:56:37,040 --> 02:56:41,720
So blanket curfew also penalizes compliant businesses and workers.

2145
02:56:42,200 --> 02:56:47,420
I think we've heard a lot from the actors and the people on the street but we're not thinking about the bartenders.

2146
02:56:47,600 --> 02:56:50,540
The servers, the security stuff, the DJs, the valley attendance.

2147
02:56:50,960 --> 02:56:54,900
Even our right share drivers that depend on the business that comes in.

2148
02:56:54,900 --> 02:56:59,860
So you're saying that if we decided to close the excuse me.

2149
02:56:59,860 --> 02:57:04,040
If we decided that liquor cannot be served after 3 a.m.

2150
02:57:04,040 --> 02:57:11,700
that that's going to cause patrons to kneel around the streets and at 4 a.m. it does not happen.

2151
02:57:11,800 --> 02:57:15,880
It'll displace. It'll displace the the activity. Where does it displace too?

2152
02:57:16,760 --> 02:57:22,360
That's exactly the place anywhere that has 4 a.m. so where they're going to go.

2153
02:57:23,240 --> 02:57:28,460
They can go to house parties. They can go to different places. So they can do it at 3 a.m. too.

2154
02:57:28,760 --> 02:57:33,620
That is correct, but I think what we're talking about here is the legivity of the businesses

2155
02:57:33,620 --> 02:57:39,900
that help promote and the economy in South Florida. And it's not just for me, it's for Uber

2156
02:57:39,900 --> 02:57:47,660
drivers, lift drivers. I also depend on it. I'm an executive for a fortune company. I think

2157
02:57:47,660 --> 02:57:52,480
I'm not the only one that works just one, you know, more than two jobs to survive here and a very

2158
02:57:52,480 --> 02:57:57,440
but Uber drivers can pick up passengers at 3 a.m. as well as they can pick them up before.

2159
02:57:57,600 --> 02:58:03,180
Not if those venues are closed and not if there's not a demand. Do you know what I'm saying?

2160
02:58:03,180 --> 02:58:05,300
So there's still going to trickle in business.

2161
02:58:05,580 --> 02:58:07,460
You shut the business down an hour earlier,

2162
02:58:07,460 --> 02:58:08,940
and I think the last gentleman said

2163
02:58:08,940 --> 02:58:11,060
that there's more business past three to four

2164
02:58:11,060 --> 02:58:12,600
during certain periods of the time,

2165
02:58:12,760 --> 02:58:15,200
you're shutting down the opportunity

2166
02:58:15,860 --> 02:58:17,660
for continued business.

2167
02:58:18,000 --> 02:58:19,680
And I just think that's something that Fort Lutter,

2168
02:58:19,900 --> 02:58:22,420
and I think that the other gentleman spoke about,

2169
02:58:22,700 --> 02:58:23,980
we should be data oriented.

2170
02:58:25,300 --> 02:58:27,780
And traveling all over the United States

2171
02:58:27,780 --> 02:58:30,920
and internationally, we have not seen success

2172
02:58:30,920 --> 02:58:38,260
in a blanket curfew. There has been more success in addressing the bad actors and addressing

2173
02:58:38,260 --> 02:58:44,520
the behavior rather than addressing a blanket statement that affects even the good actors

2174
02:58:44,520 --> 02:58:45,220
in the community.

2175
02:58:45,340 --> 02:58:48,020
When you say addressing the behavior, what does that mean?

2176
02:58:49,140 --> 02:58:56,200
Not abiding by the rules, like those that you stated that continue to have under age, you know

2177
02:58:56,200 --> 02:59:02,260
or, you know, predominate. And I, I also wanted to touch on something, you know, we, we talked

2178
02:59:02,260 --> 02:59:07,660
about the five, you know, the deaths with five, and to me, that's an outlier if it happens

2179
02:59:07,660 --> 02:59:12,980
on one day. And before someone says, I'm being very insensitive, I lost my husband, the beginning

2180
02:59:12,980 --> 02:59:21,000
of this year, 30 years. Okay. I take it very seriously, he died within the night life. If I truly

2181
02:59:21,000 --> 02:59:28,220
believed that putting a curfew would have stopped him and would have saved his life, I would be the first one up here.

2182
02:59:29,800 --> 02:59:35,200
I just truly, I strongly firmly believe that shutting down by a certain hour night is not

2183
02:59:35,200 --> 02:59:42,380
resolving the root cause of the issues and what several people have said before, we are known for

2184
02:59:42,380 --> 02:59:47,700
our entertainment, we are known for our night life, and it's not just these businesses that are being

2185
02:59:47,700 --> 02:59:53,500
impacted. It's all the families. It's all the people that depend on these businesses for their income.

2186
02:59:54,940 --> 02:59:56,340
Thank you for letting me thank you.

2187
03:00:04,400 --> 03:00:12,120
Is Derek, Derek, Derek, Kersuck? Mayer, before we do that, I want to ask a question of Sherry to follow up on question

2188
03:00:12,120 --> 03:00:18,660
U.S. So it's my understanding that Florida is not a stop and ID state. So in order for an officer

2189
03:00:18,660 --> 03:00:22,780
to go up and approach somebody on the street that's engaging in an otherwise legal activity

2190
03:00:22,780 --> 03:00:26,620
of drinking and open container. And by the way, everybody keeps saying, open carry,

2191
03:00:26,620 --> 03:00:31,120
open carry refers to firearms. Please, let's be clear, open container.

2192
03:00:31,120 --> 03:00:34,440
Well, we don't want that either.

2193
03:00:35,240 --> 03:00:39,300
Still, still the land in Florida, but so open container.

2194
03:00:39,620 --> 03:00:43,580
So if somebody is standing there with an open container, that's an otherwise legal activity.

2195
03:00:44,320 --> 03:00:48,420
An officer has to have reasonable articulals suspicion that they are committing a crime.

2196
03:00:48,440 --> 03:00:50,600
You can't just go up and I deep people randomly on the street.

2197
03:00:50,640 --> 03:00:53,500
Which is why I said, if he knows, right, he would have to have some.

2198
03:00:53,520 --> 03:00:53,780
Right.

2199
03:00:54,040 --> 03:00:55,720
So there's no faces from off the road.

2200
03:00:55,940 --> 03:00:57,880
Walk up to anybody on the street and ask for an idea.

2201
03:00:57,900 --> 03:00:59,800
Well, they can ask for it, but they don't have to provide it.

2202
03:00:59,800 --> 03:01:05,520
You can decline to provide the idea that if a person that looks young is carrying a cup

2203
03:01:05,520 --> 03:01:06,020
of beers.

2204
03:01:06,040 --> 03:01:11,180
So, a suspicion is not reasonable or a particular suspicion that somebody looks young is

2205
03:01:11,180 --> 03:01:14,320
not a reasonable or a particular suspicion that they have committed or about to commit

2206
03:01:14,320 --> 03:01:14,680
a crime.

2207
03:01:15,340 --> 03:01:17,040
It's kind of the problem we have here.

2208
03:01:17,140 --> 03:01:20,660
Because that would put the police officer in the position of making that analysis person

2209
03:01:20,660 --> 03:01:23,000
by person in a street full of people.

2210
03:01:23,340 --> 03:01:26,280
I think instead of what you're trying to do with the judicial issue, it's a very problematic.

2211
03:01:26,280 --> 03:01:32,260
uniform ability to regulate uniform ability to enforce, which we currently don't have the way the

2212
03:01:32,260 --> 03:01:37,620
SDD is written now, which is why we want to revise it, which could include the hours

2213
03:01:38,140 --> 03:01:43,640
and perhaps give an opportunity to have that extra hour based on a petition or some other

2214
03:01:43,640 --> 03:01:50,280
criteria that we could work with the stakeholders to create. But we also have the problem now that

2215
03:01:50,280 --> 03:01:55,800
we have a district with people who are not technically part of the district, but the statutes

2216
03:01:55,800 --> 03:01:59,540
enforcement is limited. We need to act quickly as my point.

2217
03:02:00,060 --> 03:02:05,300
Right. So what you're suggesting is that if we if we bring it back to 3 AM, that we still have

2218
03:02:05,300 --> 03:02:12,040
a process that allows a business operator to apply for the 4 AM provided that they comply with

2219
03:02:12,040 --> 03:02:16,520
the certain requirements that we that we would establish and that would allow them to operate

2220
03:02:16,520 --> 03:02:21,280
at 4 AM. So we're not precluding them from operating at 4 AM. We're just not giving a blanket

2221
03:02:21,280 --> 03:02:24,600
permission within that area to operate at 4 AM.

2222
03:02:24,620 --> 03:02:27,040
That's what I'm suggesting per entity,

2223
03:02:27,260 --> 03:02:29,020
per business, not per some unit,

2224
03:02:29,340 --> 03:02:30,140
per business or some,

2225
03:02:30,660 --> 03:02:31,620
per common control issue.

2226
03:02:32,640 --> 03:02:33,780
Like, like, we have, like,

2227
03:02:34,040 --> 03:02:37,060
with the war film with the Macquaries and things like that.

2228
03:02:37,120 --> 03:02:40,900
So let me ask you this, are we, are we in a position to do that,

2229
03:02:40,920 --> 03:02:41,760
just yet?

2230
03:02:42,500 --> 03:02:42,940
No.

2231
03:02:43,020 --> 03:02:44,140
I know you knew to the channel,

2232
03:02:44,140 --> 03:02:46,040
see that if I said I didn't know everything.

2233
03:02:46,520 --> 03:02:48,580
But I mean, we're not a patient.

2234
03:02:48,720 --> 03:02:50,660
I understand that there has been,

2235
03:02:50,660 --> 03:02:58,480
I'm hearing that this has been worked on since the summer to revise the SED, and we are working diligently now to get it down as fresh in light of what has happened.

2236
03:02:58,760 --> 03:03:04,380
This is why tonight's proposed ordinance addresses just those discrete issues.

2237
03:03:04,800 --> 03:03:11,320
So that we can still go back and revise the SED, putting in some other criteria and other things that you may choose.

2238
03:03:12,480 --> 03:03:19,020
But in the short term, immediately to address this issue, you can deal with the alcohol in the alcohol.

2239
03:03:19,020 --> 03:03:31,760
You could deal with the hours immediately too, and then further deal with it in the ultimate revised agreement that's completely up to you, but you could also press that out.

2240
03:03:32,260 --> 03:03:48,100
Just to add those additional potential criteria by which a business may be allowed to have extended hours or for those hours to be rescinded, that is not what staff has been working on over the past couple of months.

2241
03:03:48,100 --> 03:03:54,800
So that would be a new element that we would want to incorporate, if that was the pleasure of the commission.

2242
03:03:55,200 --> 03:04:01,760
We also haven't sought any feedback from the business community as to what those

2243
03:04:01,760 --> 03:04:04,960
satisfactory would be. So just want to put that out there.

2244
03:04:05,180 --> 03:04:09,200
Well, we have some of them anyway. Do we not? It was just, they were just articulated earlier.

2245
03:04:09,780 --> 03:04:15,900
Some of the criteria for being able to be considered an entertainment district operation.

2246
03:04:16,620 --> 03:04:21,060
We do have certain criteria, so it's not like we're starting from scratch.

2247
03:04:21,840 --> 03:04:30,140
We're not starting from scratch, but if it's a criteria, that is based on the hours of operation for alcohol sales.

2248
03:04:30,640 --> 03:04:37,940
That's not something that we had discussed in terms of whether they could go beyond a certain time.

2249
03:04:38,260 --> 03:04:43,520
And if they were things that would occur that would cause us to say, you know, longer have that privilege.

2250
03:04:44,200 --> 03:04:52,300
Well, I think there needs to be a path for their ability to operate at the later hours.

2251
03:04:52,700 --> 03:04:54,440
Okay, there needs to be some kind of path.

2252
03:04:55,620 --> 03:04:58,540
And at first we did it, I mean it was an experiment.

2253
03:04:58,880 --> 03:04:59,980
It wasn't really intended.

2254
03:05:00,000 --> 03:05:29,980
To last forever, we established this entertainment district to be able to create a district, okay? Where our operators could locate next door to each other, okay? That was to promote economic development. So now we're at a point in time. We have to assess the situation. Where is it gotten us? Where is it taken us? There's been a lot of success there and there's been some failures, okay? But the point is, like the gentleman said, he's afraid to take his family there, even during the date time, because of the reputation

2255
03:05:29,980 --> 03:05:50,280
the street has, so that's not where we wanted to go, but if we can establish a policy that bars can stay open to a certain time, and then if you comply with these certain requirements, then we'll give you permission to stay open even later, that to me sounds like the most sensible approach to what we're trying to do here tonight.

2256
03:05:50,280 --> 03:06:04,220
So it's the direction staff will work to accomplish that sense to yes, but would we also be able to entertain extended hours on certain occasions like certain holidays certain dates certain I mean I think that that's just half also

2257
03:06:05,040 --> 03:06:09,080
That we could also offer I think to to the good actors

2258
03:06:09,080 --> 03:06:21,520
And we've offered that for a consideration as part of the agenda memo, so that was expressed to us as we were considering how to put this item together for your consideration.

2259
03:06:22,500 --> 03:06:33,700
I've seen this done elsewhere. There could be an opportunity for extended hours to be approved whether by the commission or by staff with a commission having maybe a call up opportunity.

2260
03:06:33,700 --> 03:06:43,180
But yes, I think there's a lot of stuff to look at it for holidays or special occasions. Maybe a set number of holidays per year

2261
03:06:43,180 --> 03:06:50,280
Maybe a cap on the number of special events per year or an rolling told one period whatever you're jeev

2262
03:06:50,280 --> 03:06:54,620
Perhaps right even and as we heard tonight

2263
03:06:54,620 --> 03:07:01,560
Such a large percentage of revenue is in the month of March. Maybe we figure something out for that month as well. Okay. Let's continue

2264
03:07:01,560 --> 03:07:08,100
Derek, is Derek still here? Okay, followed by Mark Dickham and he's still here. There's Mark

2265
03:07:08,100 --> 03:07:10,300
and then Tim Petrilo.

2266
03:07:12,440 --> 03:07:16,040
Good evening, Derek. Are you associated with a specific operation?

2267
03:07:17,900 --> 03:07:24,440
John, okay. Hospitality supplies everywhere you see. Okay, so good evening everybody.

2268
03:07:25,020 --> 03:07:33,080
They say it takes a village to raise a child tonight that village is here. I've worked in the

2269
03:07:33,080 --> 03:07:42,400
16 years old. That's 21 years of lawful, gainful employment due to many familiar faces in this room.

2270
03:07:43,780 --> 03:07:48,880
Today I have a small hospitality supply business that's relying upon the businesses represented here tonight.

2271
03:07:49,480 --> 03:07:54,700
And that's an all districts district 1, 2, 3, 4 and 5, not just Timothy.

2272
03:07:55,900 --> 03:07:59,320
I've been able to provide for my child. I've been able to employ others.

2273
03:07:59,320 --> 03:08:01,340
They've been able to provide for their children.

2274
03:08:03,800 --> 03:08:08,460
Some more affluent stakeholders here may say that the operating hours of the businesses here

2275
03:08:08,460 --> 03:08:10,620
are safe to concern for them.

2276
03:08:11,100 --> 03:08:15,960
They close the museum doors and theaters, well before many of these businesses open and

2277
03:08:15,960 --> 03:08:17,400
open well after they close.

2278
03:08:21,000 --> 03:08:26,280
Assault in exhibit five, the business impacts estimate where the city attorney and department

2279
03:08:26,280 --> 03:08:27,800
director claimed there's no impact.

2280
03:08:27,800 --> 03:08:33,980
It impacts the employment of everyone here, impacts their families, and impacts all of our lives.

2281
03:08:34,680 --> 03:08:38,200
It impacts the vendors, it impacts the residents who support them,

2282
03:08:38,560 --> 03:08:41,360
and it impacts the people making an honest living.

2283
03:08:42,820 --> 03:08:47,740
Selling food, cups, napkins, birthday cakes, birthday candles.

2284
03:08:50,180 --> 03:08:53,260
I generated about 95% of my revenue after midnight,

2285
03:08:53,260 --> 03:08:58,340
applying such items to hospitality establishments across the city of Fort Largo.

2286
03:08:59,580 --> 03:09:03,940
My resume is to cleat the NIDA if I apply anywhere else because they assume that I'm a

2287
03:09:03,940 --> 03:09:05,000
Fort Largo guy.

2288
03:09:08,770 --> 03:09:09,630
Thank you for your time.

2289
03:09:09,990 --> 03:09:11,490
Thank you.

2290
03:09:17,630 --> 03:09:21,550
Before we proceed, I need a motion to extend the meeting to 11 o'clock.

2291
03:09:22,810 --> 03:09:23,870
Move the seconded.

2292
03:09:23,890 --> 03:09:24,750
Please call the roll.

2293
03:09:24,890 --> 03:09:26,110
Vice Mayor Herb.

2294
03:09:26,310 --> 03:09:27,090
Comister Glasson?

2295
03:09:27,410 --> 03:09:27,630
Yes.

2296
03:09:27,830 --> 03:09:28,730
Comister Beesley-Pimman?

2297
03:09:29,470 --> 03:09:29,650
Yes.

2298
03:09:30,230 --> 03:09:30,730
Comister Sornson?

2299
03:09:30,910 --> 03:09:31,150
Yes.

2300
03:09:31,150 --> 03:09:33,630
Mayor Trenton. Yes. Thank you. Mark.

2301
03:09:35,780 --> 03:09:39,720
Good evening, Mayor. Vice Mayor of commissioners. Mark Dickerman, Citizen Fort Lodale.

2302
03:09:40,780 --> 03:09:48,920
First of all, to all the bar people that are here tonight. Now you got to see why the expression, you don't want to see laws and sausages made.

2303
03:09:51,420 --> 03:09:52,780
You're not enjoying yourself tonight.

2304
03:09:52,920 --> 03:09:54,520
I'm having a ball. I always have a ball.

2305
03:09:54,760 --> 03:09:56,360
I want to see an action that's a pyramid.

2306
03:09:57,460 --> 03:09:59,660
I think I see a couple of issues here. First of all.

2307
03:10:00,340 --> 03:10:13,340
I don't think the closing time is an issue. I don't see it as that. Three o'clock, four o'clock on weekends. The biggest problem I see is the open container and the

2308
03:10:13,340 --> 03:10:18,440
the need for patrols of the garages to make sure that there's not tailgating going on,

2309
03:10:19,460 --> 03:10:24,920
that'll also prevent the miners from, they get there after they may get there alcohol from some

2310
03:10:26,300 --> 03:10:31,280
liquor store out west is supposed to local, so the thing come in, they bring their alcohol with them,

2311
03:10:31,400 --> 03:10:35,360
they walk around the streets and they get drunk. I also think the kiosks, this is a problem,

2312
03:10:35,500 --> 03:10:41,720
and no should be closed, at least a two o'clock. No kiosks outside the bar after two o'clock.

2313
03:10:42,480 --> 03:10:46,540
last call of three is beneficial to the businesses and again open to Daniel

2314
03:10:46,540 --> 03:10:50,660
Lousy for tailgating lack of buck control of consumption of alcohol which they

2315
03:10:50,660 --> 03:10:55,080
are required by state block as well as enforcement of crowd control.

2316
03:10:55,440 --> 03:10:55,880
Thank you.

2317
03:10:56,080 --> 03:10:57,140
Thank you.

2318
03:10:59,720 --> 03:10:59,840
Thank you.

2319
03:10:59,900 --> 03:11:00,060
Thank you.

2320
03:11:00,440 --> 03:11:01,060
Thank you.

2321
03:11:01,060 --> 03:11:01,300
Thank you.

2322
03:11:01,300 --> 03:11:01,580
Thank you.

2323
03:11:01,580 --> 03:11:01,740
Thank you.

2324
03:11:06,220 --> 03:11:07,260
Thank you.

2325
03:11:07,260 --> 03:11:07,600
All

2326
03:11:09,810 --> 03:11:13,590
right, Mayor and Commissioner, thank you for hearing this.

2327
03:11:14,110 --> 03:11:15,890
First off, I agree with what's been said.

2328
03:11:16,030 --> 03:11:17,710
I do believe that the Open Container,

2329
03:11:17,770 --> 03:11:20,110
it's been a history of problems down in that district.

2330
03:11:20,890 --> 03:11:24,870
And I really don't think that the hours of operation are the concern.

2331
03:11:25,650 --> 03:11:30,490
The Open Container and open walking around is a big issue.

2332
03:11:30,510 --> 03:11:31,590
I've been around that district.

2333
03:11:31,630 --> 03:11:33,590
I started in 1997 as many as you know,

2334
03:11:33,970 --> 03:11:35,770
and I had four operations in that.

2335
03:11:35,770 --> 03:11:44,650
And in 1999, we were forced into the entertainment district, okay, the south side of the street was not in the entertainment district.

2336
03:11:44,970 --> 03:11:52,670
We were asked by the city of Fort Auditoril, join that because there was an incident involving a patron that was crossing the street from DICRIES to the West.

2337
03:11:52,750 --> 03:11:56,030
It was now West Street and there was an altercation.

2338
03:11:56,690 --> 03:12:03,230
So we all went into the entertainment district and all that was was a amendment to a lease that Betsy Kerman held in one of the properties.

2339
03:12:04,110 --> 03:12:06,290
There was no really rules or anything like that.

2340
03:12:07,010 --> 03:12:09,230
Then City Manager George Restos came in at town and said,

2341
03:12:09,350 --> 03:12:12,210
hey, we have to clean this up, we need to establish some rules.

2342
03:12:12,390 --> 03:12:17,150
And in 2025 there was some rules that were put out by George Restos 2005.

2343
03:12:18,690 --> 03:12:22,970
And then again, they were revised in 2008.

2344
03:12:23,910 --> 03:12:28,010
That went on for about eight years and then it became another issue.

2345
03:12:28,010 --> 03:12:35,530
And in 2016, Lee Felvin stepped into, as the city manager says, we have to do something about this district.

2346
03:12:36,610 --> 03:12:43,510
And then in 2018, a set of rules that were adopted by everybody in the Embershe village and the city were put in place.

2347
03:12:43,950 --> 03:12:48,770
And I was put on a selection committee to hire the nighttime manager, okay, Sarah Spurlock.

2348
03:12:49,110 --> 03:12:52,730
Sarah Spurlock was in office for about three years.

2349
03:12:53,150 --> 03:12:55,630
And during that time, issues were at a minimum.

2350
03:12:56,430 --> 03:13:00,730
And now she went and here we are again talking about rules and regulations.

2351
03:13:01,710 --> 03:13:09,090
The fact is that the city needs to take accountability for managing this district.

2352
03:13:09,850 --> 03:13:15,030
We cannot allow this to be self-pattrolled.

2353
03:13:16,070 --> 03:13:22,270
I had spray several times that this should be no different than a sidewalk cafe permit,

2354
03:13:22,550 --> 03:13:22,850
let's call it.

2355
03:13:22,850 --> 03:13:43,590
Okay, where the there is a district that you're allowed to have these certain rules if you comply and you comply every year with the city just like a sidewalk at Faper and you are listed so you have to make sure you have your proper security and every every rule that you come up with and then you get your certificate to operate and that can be pulled at any time if you're not in compliance.

2356
03:13:43,590 --> 03:13:53,790
Tim, why should taxpayers have to be the regulators here, the enforcers for district, for a district that the CDC's very little return on.

2357
03:13:54,150 --> 03:14:00,510
Okay. Well, does it, it's a little dirty. I would say, I would say when this was under control,

2358
03:14:00,930 --> 03:14:07,150
there was great value. When we had, when I was in 1997, someone referenced that there wasn't that district change.

2359
03:14:07,150 --> 03:14:14,290
it's changed dramatically because of the no restaurants and just bars.

2360
03:14:14,770 --> 03:14:19,430
Before there was a lot of different bars and restaurants and people would visit there and

2361
03:14:19,430 --> 03:14:21,130
from sourcing everything else once upon a time.

2362
03:14:21,430 --> 03:14:24,210
Now I am in charge of the Macquarie district.

2363
03:14:25,990 --> 03:14:30,090
I couldn't tell you if there's two, there's three people in there.

2364
03:14:30,090 --> 03:14:34,370
there is tin roof, there it is taste and rooftop,

2365
03:14:35,450 --> 03:14:37,670
and then there was someone on the other side that had closed.

2366
03:14:38,510 --> 03:14:40,070
I can't tell you if tin roof is in place.

2367
03:14:40,270 --> 03:14:43,270
I can't tell you if they are doing things

2368
03:14:44,170 --> 03:14:45,750
that that had been reported to the city.

2369
03:14:46,090 --> 03:14:47,630
I don't get any reports from the city.

2370
03:14:47,710 --> 03:14:49,450
I get no insight to how they're performing.

2371
03:14:49,850 --> 03:14:52,550
And if I were to enforce, I have no teeth to enforce.

2372
03:14:53,970 --> 03:14:55,710
What action can I take?

2373
03:14:56,230 --> 03:14:57,750
Now tin roof is not a bad actor,

2374
03:14:57,890 --> 03:14:59,130
but what action can I take?

2375
03:14:59,130 --> 03:14:59,970
if ten roof is that

2376
03:15:00,000 --> 03:15:10,180
That action. I can go now and say, hey, listen, you guys have to comply. If they decide to stay up in a 4am, what am I going to do? Okay? Well, they violate their lease agreement and therefore you can predict them.

2377
03:15:10,360 --> 03:15:15,740
I don't control. They have a lease with another landlord. They are a tenant of the district.

2378
03:15:16,040 --> 03:15:29,980
What's your role? Exactly. Nothing. Well, whatever. You said, what is your connection to the McCurray district? There is a contiguous BS rule that you have to participate. So when I stepped in and opened up roof tile.

2379
03:15:29,980 --> 03:15:35,220
at the time. It was briny. I believe Tom Bogel had briny and then there was

2380
03:15:35,800 --> 03:15:41,240
tilted kilt and I stepped into that district. So it's like a, like a, like a,

2381
03:15:41,240 --> 03:15:46,500
because of all, at least that has no control, no teeth, no. Okay. And the

2382
03:15:46,500 --> 03:15:50,640
city needs to be put in that place. That's the, that is the issue with our attention.

2383
03:15:50,640 --> 03:15:54,120
I don't know whether we want to be put in that place. Because that's because, well,

2384
03:15:54,120 --> 03:15:58,960
you're asking us to self patrol ourselves. Okay. And no, and, and, and you're

2385
03:15:58,960 --> 03:16:05,040
us to try to enforce our neighbors with no real mechanism to enforce. So without the city, who

2386
03:16:05,040 --> 03:16:07,360
is going to enforce and who's going to build accountability?

2387
03:16:07,680 --> 03:16:11,520
What we're trying to, we're trying to build in some rules where the city can't enforce. I can't

2388
03:16:11,520 --> 03:16:15,860
guarantee you every rule that you're going to come up with is in these four different things

2389
03:16:15,860 --> 03:16:18,600
that have never been enforced. So if you think it's in a force ability,

2390
03:16:18,800 --> 03:16:22,640
absolutely in a force ability issue. There's a lot of good action. There's a lot of bad

2391
03:16:22,640 --> 03:16:28,000
containers, not the open containers, we don't have that rule. Well, open container allows

2392
03:16:28,000 --> 03:16:33,680
teenagers to walk around. We get that. So that's not in those rules. That's okay. And the outside

2393
03:16:33,680 --> 03:16:38,280
outside sales through windows and chaos and so forth, that's not in those rules.

2394
03:16:39,100 --> 03:16:43,160
You know, but there is cleanliness, there's security, there's all the other things that

2395
03:16:43,160 --> 03:16:48,080
quarreling. And in those rules, there were to participate in open container, what you had to do

2396
03:16:48,080 --> 03:16:52,440
and things like that. Right. But it's a privilege to be it is for the entertainment industry. Absolutely.

2397
03:16:52,740 --> 03:16:57,400
Right. And all privileges can be taken away if you don't comply. Right. Who's taking them away?

2398
03:16:57,400 --> 03:17:01,200
Well, that's we're here tonight. That's what I'm getting here to discuss.

2399
03:17:01,300 --> 03:17:04,460
It's free to discuss this, but we really need to look at what we're going to be enforcing.

2400
03:17:04,640 --> 03:17:08,060
Well, some issues are starting to want to make a decision tonight. So we're going to make a decision tonight.

2401
03:17:08,360 --> 03:17:11,040
Okay. Thank you. Thank you. Thank you.

2402
03:17:17,790 --> 03:17:17,790
Bill.

2403
03:17:18,050 --> 03:17:22,630
Good evening, Mayor of ice mayor. Members, commission, Bill Brown. I come tonight,

2404
03:17:23,330 --> 03:17:28,610
representing two groups. The president has president, the central beach alliance, which has

2405
03:17:28,610 --> 03:17:35,750
beach place and rock bar in those two separate entertainment districts and also as a present

2406
03:17:35,750 --> 03:17:42,650
of the Council of civic associations that represent over 50 neighborhood community leaders at

2407
03:17:43,350 --> 03:17:49,590
the meeting of the Central Beach Alliance on January 15th that we had 175 people in attendance

2408
03:17:49,590 --> 03:17:55,230
which is probably more than the red shirts here concerned about what's going on at the violence

2409
03:17:55,230 --> 03:18:20,970
in the problems within those entertainment districts, and then also at the Council of Civic Association's membership meeting last week on June 13th, or January 13th, we also took unanimous consent at both groups to support the Commission's decision on enforcement and changes of the ordinance as they've pertained to hours of operation, open container and open sales.

2410
03:18:21,530 --> 03:18:26,610
I heard a lot talk about hemorrhage, but I haven't heard much talk about beach place.

2411
03:18:27,190 --> 03:18:28,830
It goes bigger than just alcohol.

2412
03:18:29,690 --> 03:18:34,650
You have minors coming down, unaccompanied minors that come down there that aren't going

2413
03:18:34,650 --> 03:18:37,170
into the establishments that are congregating outside.

2414
03:18:37,990 --> 03:18:40,970
We don't have enough police officers on the beach at any given time.

2415
03:18:41,310 --> 03:18:45,230
On a good night, we're lucky to have four officers patrolling the entire barrier island.

2416
03:18:45,790 --> 03:18:48,950
Not counting a maybe beach place, having one or two officers at work.

2417
03:18:48,950 --> 03:18:58,870
The chief, I said on the budget advisory board's chair, he that need to have enough resources and he comes and asks for more officers, but the pies only so big.

2418
03:19:00,030 --> 03:19:11,570
We're, our resources are being tasked in these entertainment districts to where it could be utilized for other crimes in other areas, more violent crimes, burglary and things of this nature.

2419
03:19:11,570 --> 03:19:18,830
should have be the responsibility of the taxpayers to spend taxpayers money to help support

2420
03:19:18,830 --> 03:19:24,150
and police the businesses of the certain ones that are the bad actors.

2421
03:19:25,090 --> 03:19:31,130
No, you know, I think the chief will tell you a lot of those businesses used to have

2422
03:19:31,130 --> 03:19:34,210
security don't use them anymore because they can't afford them.

2423
03:19:34,850 --> 03:19:40,270
You know, he says 75 dollars an hour, that's a lot of money for some establishments.

2424
03:19:40,270 --> 03:19:47,410
So they don't utilize the police. I don't we don't have all the answers. I don't think you have all the answers tonight, but you've got to start somewhere

2425
03:19:49,090 --> 03:19:49,530
because

2426
03:19:51,150 --> 03:19:58,950
Public safety and these are public nuisance businesses have to be addressed and we hopefully that we can all reach a happy medium

2427
03:20:00,000 --> 03:20:07,940
We're working together. This is maybe a start, but there's still a lot of work to be done, even after tonight. Thank you. All right. Thank you.

2428
03:20:08,500 --> 03:20:11,120
Deb Mott Wani followed by Sandy Faye.

2429
03:20:13,990 --> 03:20:16,710
Good evening, mayors and commissioners. Thank you for your time tonight.

2430
03:20:17,930 --> 03:20:24,450
I'm fully supportive of addressing the security concerns. I think everyone in this room is supportive of that.

2431
03:20:24,450 --> 03:20:30,930
as it pertains to him or she and beach place, these are the two districts that have, you know,

2432
03:20:30,950 --> 03:20:35,230
where the impetus for this conversation, starting, like a him or she's starting last summer,

2433
03:20:35,430 --> 03:20:39,590
and then, of course, the events, the tragic events over the holidays at beach place as well.

2434
03:20:40,510 --> 03:20:45,690
But I represent the district that was mentioned earlier where the warf is, and we haven't been mentioned

2435
03:20:45,690 --> 03:20:50,330
because we don't have these issues, we are in compliance, we follow the rules, we don't have these

2436
03:20:50,330 --> 03:21:00,270
Security concerns and it's disheartening to see us included in staff's recommendation tonight that all of the districts be penalized and addressed here

2437
03:21:01,130 --> 03:21:01,670
I

2438
03:21:01,670 --> 03:21:08,270
I was not proactively reached out to by anyone. I found out at a public DDA meeting that we were to be included

2439
03:21:08,270 --> 03:21:13,640
I do appreciate staff's willingness to get on the phone quickly as I so I could express my concerns and

2440
03:21:14,430 --> 03:21:20,130
That some of them are addressed in in in the back up, but the recommendation is to penalize all the

2441
03:21:20,130 --> 03:21:24,550
districts including the good actors who don't have these issues and that doesn't make any sense

2442
03:21:24,550 --> 03:21:29,950
to me. I did express a willingness to have a conversation with staff on some amendments to our

2443
03:21:29,950 --> 03:21:34,590
district. If you're going to be taking away something that's going to impact our business, I think

2444
03:21:34,590 --> 03:21:40,770
there's a compromise that can be had with some other items and so I appreciate staff time so far on

2445
03:21:40,770 --> 03:21:45,650
that but we haven't had a full conversation so I'm certainly open to that but I don't want to slow

2446
03:21:45,650 --> 03:21:48,170
down addressing the security concerns.

2447
03:21:48,450 --> 03:21:50,250
So I think it makes sense to bifurcate them.

2448
03:21:50,270 --> 03:21:53,790
They're clearly different districts that have different issues

2449
03:21:53,790 --> 03:21:56,770
and different governance issues.

2450
03:21:56,790 --> 03:22:00,090
As you mentioned, Hymmer, she is a unique district

2451
03:22:00,090 --> 03:22:01,890
because you have a public roadway in the middle.

2452
03:22:02,830 --> 03:22:04,650
We don't, we don't, we don't allow it, but containers.

2453
03:22:04,870 --> 03:22:06,530
And we generally don't stay up until 4am,

2454
03:22:06,830 --> 03:22:09,730
but we occasionally do, but we follow all the rules

2455
03:22:09,730 --> 03:22:11,390
and we're compliant when we do.

2456
03:22:11,930 --> 03:22:14,450
Taking that away from us will impact our business negatively.

2457
03:22:14,450 --> 03:22:26,390
So, if that happens, if that's part of the discussion, I think the prudent thing to do is to allow us to see that the table to address some other areas where maybe you can benefit our business so that we don't have so it's a net net win win.

2458
03:22:26,810 --> 03:22:29,310
So that's all I ask again. I appreciate your time tonight. Thank you.

2459
03:22:29,370 --> 03:22:30,630
Thank you.

2460
03:22:33,010 --> 03:22:38,810
Sandy, Sandy, Sandy,

2461
03:22:43,160 --> 03:22:48,200
Sandy, Sandy.

2462
03:22:48,200 --> 03:22:50,200
one of the property owners here around the Emerson Street,

2463
03:22:51,400 --> 03:22:53,680
which has, I think, six tenants,

2464
03:22:54,540 --> 03:22:56,800
a several of votes are actually eligible

2465
03:22:56,800 --> 03:22:58,880
and members of the Emerson District.

2466
03:22:59,560 --> 03:23:01,900
Just great, which businesses do you represent?

2467
03:23:02,440 --> 03:23:04,120
I represent a Milwaukee Center, the property owner.

2468
03:23:04,500 --> 03:23:05,380
Right, but which businesses?

2469
03:23:06,040 --> 03:23:13,340
I think DICRIELY's, E-BAR, URO, are three of them.

2470
03:23:13,620 --> 03:23:15,480
But you're not operating, which is all in the real estate?

2471
03:23:15,520 --> 03:23:17,100
We own the, my client owns a real estate.

2472
03:23:17,100 --> 03:23:23,420
Yeah, you're not the operator. Correct. All right, but yeah, I just want to understand. So club Euro, E bar,

2473
03:23:23,700 --> 03:23:27,600
squiggies, squiggies and dicey violence. That's right. So four of the seven. Yes.

2474
03:23:27,780 --> 03:23:32,120
Okay. Okay. Okay. I'm just one of the clarify a couple of things. First of all,

2475
03:23:32,120 --> 03:23:36,860
we're obviously aligned with the safety concerns. Everyone wants the place to be safe and a vibrant community.

2476
03:23:37,280 --> 03:23:42,460
We support the getting rid of the open containers, the energy shrinking and the increased police presence.

2477
03:23:45,400 --> 03:23:51,800
We will also say is the folks that come to our establishments from the two to four,

2478
03:23:52,480 --> 03:23:55,560
to a contract the fourth of a period are not the folks just coming looking for a hard

2479
03:23:55,560 --> 03:23:55,900
party.

2480
03:23:56,280 --> 03:24:00,200
These are folks that work at the establishments that close to a clock and don't want to go

2481
03:24:00,200 --> 03:24:04,180
up home right after work and just want to go wind down for a few hours after their jobs

2482
03:24:04,180 --> 03:24:04,740
are completed.

2483
03:24:05,420 --> 03:24:05,860
That's what they do.

2484
03:24:05,860 --> 03:24:12,400
That's the bulk of my clients, my tenants business through those businesses, through

2485
03:24:12,400 --> 03:24:13,320
that timeframe.

2486
03:24:13,320 --> 03:24:16,780
This is those folks who are coming off a work at the places that close up to a clock.

2487
03:24:18,180 --> 03:24:23,980
Also, I understand a lot of this is unfortunately a reaction to the recent violence that

2488
03:24:23,980 --> 03:24:26,100
occurred at Beach Place in Hymmer's shape.

2489
03:24:26,520 --> 03:24:29,660
However, violence in crime does not operate on a time clock.

2490
03:24:30,500 --> 03:24:33,060
That could happen at any point in time during the day.

2491
03:24:33,400 --> 03:24:39,280
You're correct there, but what it did was it triggered our attention to come back and

2492
03:24:39,280 --> 03:24:44,240
visit what's going on in these places, and it's, and this has been simmering for a very, very

2493
03:24:44,240 --> 03:24:51,880
long time. Right? So it's not as a result of that. There's no way we're going to be able to

2494
03:24:53,520 --> 03:24:58,920
to eliminate gun violence in the city of Fort Lauderdale, just like we can't eliminate it anywhere else

2495
03:24:58,920 --> 03:24:59,960
in the country as long.

2496
03:25:00,000 --> 03:25:06,320
All these people have open carry and, you know, unfettered rights to own guns. That's just another issue for another time.

2497
03:25:06,400 --> 03:25:19,020
Absolutely. But we do have the right as a city to monitor and regulate where we can. And if we feel that it would help shape character of what a district should be like.

2498
03:25:19,020 --> 03:25:23,000
because I remember years ago, like it was such an earlier, you know, the hammer

2499
03:25:23,000 --> 03:25:27,320
sheet used to be a place where we had steak houses, that we had nice restaurants,

2500
03:25:27,820 --> 03:25:33,120
where we had more family-oriented things, and it has now become, you know, it's fun to go there,

2501
03:25:33,400 --> 03:25:38,700
right? It's a great place to go. The businesses that have invested there, they've created a

2502
03:25:38,700 --> 03:25:43,360
really great environment to go have fun, but unfortunately, some people take that too far,

2503
03:25:43,360 --> 03:25:50,200
And we've got to figure out a way that it doesn't become a, you know, a, a, a three-year

2504
03:25:50,200 --> 03:25:50,740
ring circus.

2505
03:25:51,900 --> 03:25:56,560
That's going to take away from the enjoyment that other people come to expect when they go there.

2506
03:25:56,580 --> 03:25:57,960
And we're fully in line with that.

2507
03:25:57,960 --> 03:26:02,860
My point is that to correlate the violence with the hours of operation, I think is an

2508
03:26:02,860 --> 03:26:05,660
unspeak because violence could happen at any point in time.

2509
03:26:05,760 --> 03:26:09,200
I believe if it's not mistaken, the beach place shooting happened around midnight.

2510
03:26:09,200 --> 03:26:16,200
and the events here on hemorrhage happened somewhere between one and two o'clock, so I have nothing to do with the four o'clock operation.

2511
03:26:16,520 --> 03:26:18,260
Just happen to be a random time of that.

2512
03:26:18,360 --> 03:26:18,720
That's all.

2513
03:26:19,300 --> 03:26:19,560
Okay.

2514
03:26:20,380 --> 03:26:20,820
Thank you.

2515
03:26:21,140 --> 03:26:21,960
Thank you.

2516
03:26:29,380 --> 03:26:31,800
Follow by Mr. Lowey.

2517
03:26:33,080 --> 03:26:34,080
Is it Ian?

2518
03:26:35,940 --> 03:26:38,340
And then Chanel Coward.

2519
03:26:39,180 --> 03:26:39,580
Good evening.

2520
03:26:39,780 --> 03:26:40,080
Good evening.

2521
03:26:40,080 --> 03:26:46,980
American, even, by-smare, can even commissioners, can even to the public that have joined us here

2522
03:26:46,980 --> 03:26:56,140
today. My name is Eric Maggett, my family is on the Brian Building since 1986, 40 years. Okay,

2523
03:26:57,100 --> 03:27:02,120
I apologize for what happened to my image shape, but, you know, this is what happened when

2524
03:27:02,120 --> 03:27:03,400
crowds come.

2525
03:27:06,230 --> 03:27:08,030
I also own an operating bar

2526
03:27:10,520 --> 03:27:11,320
in the

2527
03:27:11,320 --> 03:27:15,740
Himanshade district since 2000. I keep the control door

2528
03:27:15,740 --> 03:27:20,020
or 21 and over. Don't allow on the

2529
03:27:20,020 --> 03:27:22,960
page. It'll help us. You've got the experience. You have the history.

2530
03:27:23,400 --> 03:27:27,420
What's going to make this work for the city? I'm currently

2531
03:27:27,420 --> 03:27:31,880
investing over a million dollars to renovate an open and new

2532
03:27:31,880 --> 03:27:42,060
for what? And my building, where squeegee's pizza used to be? I also built chemistry building.

2533
03:27:42,400 --> 03:27:46,980
No, we understand your investment, and we're thankful for that. We appreciate your commitment.

2534
03:27:47,080 --> 03:27:53,180
This is a long history with this. We have paid the full loader to police since 2000,

2535
03:27:53,580 --> 03:28:00,120
the detail and monitor, the lack of enforcement. What seems to be the problem? As they take

2536
03:28:00,120 --> 03:28:07,100
our money and a lot of lack of enforcement of forlater a police. I hate it. They're not

2537
03:28:07,100 --> 03:28:08,280
at the worst in the laws.

2538
03:28:10,300 --> 03:28:13,900
I'm not throwing them under the bus. They're like everybody else.

2539
03:28:14,080 --> 03:28:18,820
They're saying these are private detail though. We pay the full letter of police department to be

2540
03:28:18,820 --> 03:28:23,740
in our neighborhood every week. Okay. The last 25 years. And what laws are they not enforcing?

2541
03:28:24,980 --> 03:28:30,520
One of them, the biggest problem I don't go down because I'm highly offended is the marijuana was

2542
03:28:30,520 --> 03:28:37,680
the smoking on the street. I've expressed my concern about that, because my customers shouldn't

2543
03:28:37,680 --> 03:28:44,620
have to see that when they come to EBER. Okay, I pay a D-tiff. Okay,

2544
03:28:47,420 --> 03:28:48,660
I'm here tonight because

2545
03:28:48,660 --> 03:28:55,440
I care deeply about the MSC district and the future of Fort Waterdale. The challenges we discussed

2546
03:28:55,440 --> 03:29:01,920
today didn't happen overnight. For many years this district has

2547
03:29:01,920 --> 03:29:05,860
lack consistent focus and effective enforcement.

2548
03:29:08,640 --> 03:29:10,100
At the same time we are dealing

2549
03:29:10,100 --> 03:29:13,860
with a much larger national issue gun violence as we all know.

2550
03:29:14,200 --> 03:29:16,620
It could happen anytime, anywhere, any place.

2551
03:29:19,050 --> 03:29:20,270
These instances are happening

2552
03:29:20,270 --> 03:29:25,490
across America at all hours. And there's responsibility lies with the individual

2553
03:29:25,490 --> 03:29:31,990
committing the crime. Okay, the bad apple that came and decided to shoot in on our

2554
03:29:31,990 --> 03:29:37,890
street, who also shoots in our schools, who also shoots at our airports, happens all the

2555
03:29:37,890 --> 03:29:43,230
time, no one knows where this person is, and he's the one the blame for all of us

2556
03:29:43,230 --> 03:29:46,510
having this ugly meeting today as I see

2557
03:29:48,820 --> 03:29:53,040
it. I want to talk about what happens after

2558
03:29:53,040 --> 03:29:58,700
house. Well, many people are asleep, others are working to support their families.

2559
03:30:00,110 --> 03:30:06,670
Late night business create jobs. Generate income can keep our local economy moving.

2560
03:30:07,990 --> 03:30:16,450
That economic activity supports investment, stability and opportunity for people across all income levels.

2561
03:30:17,910 --> 03:30:22,730
Or middle class and rich. You somehow have to work two jobs.

2562
03:30:22,730 --> 03:30:30,190
That's why they come at 10 o'clock in the way when a clock at night, the bartend bar back, place security and DJ.

2563
03:30:31,850 --> 03:30:37,310
Safety and economic vitality are not opposed in the goals.

2564
03:30:37,930 --> 03:30:40,470
We're all on the same page, we agree with you.

2565
03:30:40,710 --> 03:30:47,930
We have to have a new vision for my district, especially for me to restrain and hold on to my investment.

2566
03:30:47,930 --> 03:30:48,950
We

2567
03:30:51,640 --> 03:31:03,160
can have both through smart enforcement, accountability and cooperation with punishing those who are creating this problem.

2568
03:31:04,180 --> 03:31:07,680
This is our investment and things are the right way.

2569
03:31:08,280 --> 03:31:14,780
I respectfully ask the Council to consider all sides of the issue and to work with the businesses and the community.

2570
03:31:15,560 --> 03:31:17,580
That's how we unite as one.

2571
03:31:17,580 --> 03:31:20,620
Okay. All right. Thank you, sir. Thank you for your time.

2572
03:31:23,900 --> 03:31:24,260
Mayor

2573
03:31:26,120 --> 03:31:30,540
You're not the chief come up to us. That's some questions. All right. Thank you, sir. Thank you.

2574
03:31:30,540 --> 03:31:32,680
See you, manager. I just want to ask the chief to come up.

2575
03:31:32,860 --> 03:31:33,280
What's on?

2576
03:31:33,400 --> 03:31:33,760
Please.

2577
03:31:34,820 --> 03:31:34,880
Please.

2578
03:31:35,880 --> 03:31:36,240
Shoulders.

2579
03:31:36,300 --> 03:31:37,800
Thank you.

2580
03:31:46,870 --> 03:31:47,090
Chief.

2581
03:31:47,190 --> 03:31:48,690
Thanks for being here.

2582
03:31:49,030 --> 03:31:49,190
Good evening.

2583
03:31:49,210 --> 03:31:50,150
Good evening.

2584
03:31:54,790 --> 03:31:55,510
Good evening.

2585
03:31:55,510 --> 03:32:00,450
service, demand, and chief, see manager, I love to hear from Chief Goll

2586
03:32:00,450 --> 03:32:05,070
and to calls for service from a paramedics standpoint to here.

2587
03:32:05,730 --> 03:32:11,990
So, love to your feedback on calls for service, the kind of hours, and when you think

2588
03:32:11,990 --> 03:32:16,770
about, you know, those later hours, what that looks like, and then, um,

2589
03:32:16,830 --> 03:32:19,670
like to hear your feedback on the smoking marijuana streets.

2590
03:32:19,970 --> 03:32:23,430
Thank you. Okay. If you don't mind, I'm going to address something that was just

2591
03:32:24,910 --> 03:32:32,050
If anyone here has information about our officers not taking enforcement action, I need to know about that.

2592
03:32:32,610 --> 03:32:33,470
I will tell you this.

2593
03:32:34,070 --> 03:32:35,690
I am very proud of our officers.

2594
03:32:36,270 --> 03:32:37,670
I've been down there many nights.

2595
03:32:37,890 --> 03:32:41,430
I've been on the beach many nights working side by side with them.

2596
03:32:42,470 --> 03:32:44,050
And they endure a lot.

2597
03:32:45,130 --> 03:32:47,590
And as far as I'm concerned, they do a very good job.

2598
03:32:47,590 --> 03:32:50,630
So if there's others in this room, they have information

2599
03:32:50,630 --> 03:32:54,470
to the contrary, I'd like to speak to you before you leave tonight.

2600
03:32:55,750 --> 03:32:59,590
Tantry your questions, reference the open smoking.

2601
03:33:00,290 --> 03:33:02,450
We do address that, we have addressed that.

2602
03:33:02,830 --> 03:33:06,310
And in fact, we have an actual plan that's been going on

2603
03:33:06,310 --> 03:33:07,250
for the last three weeks.

2604
03:33:07,630 --> 03:33:09,250
And I'm just going to give you some quick stats

2605
03:33:09,250 --> 03:33:13,970
from that 18 arrests of them made 152 traffic stops,

2606
03:33:15,170 --> 03:33:28,530
216 citations issued. 12.00 vehicles. We've had one fair are recovered. One are 14 morning citations issued and many parking citations issued. Where is this where that's just in the hammers area?

2607
03:33:28,730 --> 03:33:39,510
Just the hammers area. Yeah. So is it is it legal? I don't know the law. This is it. If you see somebody smoking a joint in the street, do you have the right to go up and ask them if they have a medical card?

2608
03:33:39,510 --> 03:33:45,430
So, well, recreational use is not allowed in Florida, so it would only be.

2609
03:33:45,950 --> 03:33:49,450
So, when we address, and we did that, we do address that publicly.

2610
03:33:50,550 --> 03:33:56,290
When we address that, it's normally quickly realized that it's not a medical use of marijuana.

2611
03:33:57,170 --> 03:33:57,190
Right.

2612
03:33:57,490 --> 03:33:58,390
But it's similar.

2613
03:33:58,550 --> 03:34:04,610
Remember, whenever we approach someone, we definitely need a suspicion or cause to approach someone.

2614
03:34:04,830 --> 03:34:06,990
Well, isn't just the act of smoking?

2615
03:34:06,990 --> 03:34:28,110
This is not the cause. No, because remember, also there are many variants in today's society of the marijuana you use, whether it's medical or not, there's many variants. Sometimes they don't smell exactly, but they smell similar to marijuana in those who may not know, may mistake that for marijuana.

2616
03:34:29,210 --> 03:34:42,210
Okay, so just the very act of smoking, you're not allowed to go up to them and say, can I see your medical, your medical card that allows you to, to purchase marijuana?

2617
03:34:42,430 --> 03:34:43,150
That is correct.

2618
03:34:44,310 --> 03:34:46,070
We cannot demand someone's medical card.

2619
03:34:47,190 --> 03:34:48,790
And now you're bringing up smoking.

2620
03:34:49,510 --> 03:34:51,130
You know that's been discussed too.

2621
03:34:51,450 --> 03:34:54,470
On the sand, on the beach, do we allow smoking in general?

2622
03:34:54,970 --> 03:34:56,750
Do you look at that in entertainment areas?

2623
03:34:56,750 --> 03:34:59,750
That's been brought up as well, as of now there's no regulation of that.

2624
03:35:00,020 --> 03:35:07,320
I thought that the state passed statute about within the inside inside. I'm talking outside.

2625
03:35:08,100 --> 03:35:12,040
Yeah, yeah, can you? I thought you couldn't smoke on the beach anymore.

2626
03:35:12,960 --> 03:35:16,700
On the sand? On the sand? Yes, I believe that's still in effect.

2627
03:35:17,340 --> 03:35:22,180
Yeah, okay. So, one more question that you would ask, I would like to answer your commissioner.

2628
03:35:23,540 --> 03:35:29,280
If you're looking at that area and roughly the borders I'm talking about are a broader boulevard Boulevard to the north.

2629
03:35:30,120 --> 03:35:37,960
Reber walked to the south, Andrew's Avenue, to the east, and Avenue with the arts here to the west.

2630
03:35:39,000 --> 03:35:45,580
One o'clock to four o'clock are the busiest times, and we have a spike at 2 a.m.

2631
03:35:45,860 --> 03:35:55,180
And if you look at the calls for service, generally between 4 a.m. and 5 a.m. they drop dramatically about 300 on average.

2632
03:35:55,180 --> 03:36:01,340
If you're looking at a certain period of a couple of years here is what I'm looking at.

2633
03:36:01,780 --> 03:36:09,400
And if you're looking at days of the week, it's obviously Friday into Saturday, early Saturday morning.

2634
03:36:10,060 --> 03:36:15,500
Now, the busiest time is Saturday, late evening into Sunday morning.

2635
03:36:15,920 --> 03:36:22,500
Those are when the peak calls for service come in in all regards 9 emergency 9-1-1

2636
03:36:22,500 --> 03:36:25,500
and Officer Field initiated calls for service.

2637
03:36:26,240 --> 03:36:27,440
And how does, thank you, Chief,

2638
03:36:27,480 --> 03:36:29,400
and how does the hammer sheet area compare

2639
03:36:29,400 --> 03:36:30,920
with other parts of the city?

2640
03:36:31,000 --> 03:36:33,760
In other words, is this a higher call volume

2641
03:36:33,760 --> 03:36:36,900
than other entertainment areas or Los Angeles

2642
03:36:36,900 --> 03:36:38,860
or wherever we have other bars restaurants?

2643
03:36:39,260 --> 03:36:41,420
For that time of day, yes, that's higher.

2644
03:36:41,620 --> 03:36:43,520
And what, all right, thank you, Chief.

2645
03:36:44,020 --> 03:36:46,220
I'll come, excuse me, sorry, go ahead.

2646
03:36:46,360 --> 03:36:47,820
No, I just, Chief, I just wanted to ask you

2647
03:36:47,820 --> 03:36:49,140
and thank you for being here.

2648
03:36:50,040 --> 03:36:55,940
Talk to me a little bit about the activity in the garages and parking lots and what we're doing.

2649
03:36:56,260 --> 03:37:01,880
Because this is something I hear also over and over and over, especially from the residents down in that area.

2650
03:37:03,140 --> 03:37:05,920
What are we doing in terms of the garages and parking lots?

2651
03:37:06,100 --> 03:37:10,400
A number of those statistics that I read off to you are from the garage activity.

2652
03:37:10,640 --> 03:37:18,500
But what we've done now is we've taken officers and put them static and stationary in the Performing Arts Center garage here.

2653
03:37:18,500 --> 03:37:20,880
as well as the government garage downtown.

2654
03:37:21,980 --> 03:37:26,620
We do not have, you know, as you know, there's another garage that's private.

2655
03:37:27,160 --> 03:37:33,280
We do not have our resources on there unless they're paid for detail in that garage.

2656
03:37:33,560 --> 03:37:38,560
The other two that I mentioned, we do have an increased presence right now.

2657
03:37:39,360 --> 03:37:41,540
And would you say that that's made a difference?

2658
03:37:41,660 --> 03:37:46,580
I have a noticeable difference and the activity that's been going on there.

2659
03:37:46,580 --> 03:37:52,520
Yes, and I will tell you of complaints, and I've spoke to you about this before as well.

2660
03:37:52,800 --> 03:37:54,740
Those are very common complaints.

2661
03:37:55,160 --> 03:37:58,580
I have not personally seen any since we started this action plan.

2662
03:37:58,960 --> 03:37:59,700
Any complaints, Comin?

2663
03:38:00,080 --> 03:38:00,760
Thank you.

2664
03:38:01,000 --> 03:38:01,300
You're welcome.

2665
03:38:04,170 --> 03:38:05,090
City manager, good afternoon.

2666
03:38:05,330 --> 03:38:06,350
Chief Gollon.

2667
03:38:06,730 --> 03:38:06,930
Certainly.

2668
03:38:08,330 --> 03:38:08,330
Chief,

2669
03:38:10,500 --> 03:38:11,980
fire chief, thanks for being here.

2670
03:38:12,640 --> 03:38:13,200
Good evening, Commissioner.

2671
03:38:14,420 --> 03:38:20,020
If you can give us a sense of calls for service this late night, early morning.

2672
03:38:20,020 --> 03:38:29,860
So the data pretty much mirrors what PD is seeing the same exact thing, you know, from the hours of midnight to 4am, we see substantial increase in call volume.

2673
03:38:30,900 --> 03:38:39,020
To put it in perspective, we responded last year to about 11 little over 11 hundred calls in that generalized area.

2674
03:38:39,640 --> 03:38:48,820
Of those calls about 50% of the calls are non-transport calls, so that means that we've been called out for a pass out or an incident when we arrive.

2675
03:38:48,820 --> 03:38:51,920
the individuals either gone or refuses treatment or transport.

2676
03:38:52,840 --> 03:38:56,500
Looking over the data over the last year, a couple of years, and we go back to 2021,

2677
03:38:57,460 --> 03:39:03,040
we show uptake since 2021, and they had calm down over the years, and then this past

2678
03:39:03,040 --> 03:39:04,640
year have gone back up.

2679
03:39:05,260 --> 03:39:10,160
And what I mean by that is in regards to shootings, this past year in 2025, we responded

2680
03:39:10,160 --> 03:39:15,900
to 11 shootings in that area, and the last time that we saw that many shootings in the

2681
03:39:16,460 --> 03:39:23,030
was in 2021. In between that time it was only about two to three a year that we were responding to.

2682
03:39:24,140 --> 03:39:29,970
Most of the other data simply shows up ticks in March, March being our busiest month down there.

2683
03:39:31,140 --> 03:39:36,060
But it is important to point out that when our units are responding to this increase call,

2684
03:39:36,440 --> 03:39:43,980
they are that end up not being transport that those resources are being taken away from being able to respond to other emergency incidents in the city

2685
03:39:43,980 --> 03:39:51,300
because we don't have detail units down there, our units are the same units that are responding to all the calls in the city at that same time.

2686
03:39:53,620 --> 03:39:55,190
Thanks Chief. Appreciate it. Yes sir.

2687
03:40:00,000 --> 03:40:06,160
Any other questions? No. All right. Next up, this is either Ira or Ian Low.

2688
03:40:08,850 --> 03:40:10,970
And after that, we have Chanel Coward.

2689
03:40:17,480 --> 03:40:22,920
Good evening, commissioners. My name is Ian Low. First, I just want to comment on something from Chief Schultz just said,

2690
03:40:23,000 --> 03:40:33,280
those parameters that he gave you, third avenue to seventh avenue, Broward to the river. That's the reintertaming districts, not just ours. Also, all those numbers are not just ours.

2691
03:40:34,520 --> 03:40:41,480
My name is Ian Low, I started at Original Fat Cats, 21 years ago at Security and worked my way up to owner, three years ago.

2692
03:40:42,220 --> 03:40:48,500
Fat Cats has been open for 24 years. Fat Cats is a historic staple in the community, live music every night,

2693
03:40:48,800 --> 03:40:51,920
and voted best filly cheese steak in Fort Lauderdale, three years in a row.

2694
03:40:58,020 --> 03:41:04,440
Our food is amazing. Our kitchen closes at 3 am, the hours between 2 am and 4 am

2695
03:41:04,440 --> 03:41:11,040
account for 32% of my monthly sales. These hours are crucial to our survival. We're

2696
03:41:11,040 --> 03:41:15,920
where the night, we're where the night workers' in town go to go to relax after work.

2697
03:41:16,200 --> 03:41:20,760
The verb, our version of happy hour, if you will. They're a version of happy hour. As a new owner,

2698
03:41:20,760 --> 03:41:24,320
After my first meeting with the city regarding the safety in the district and the district

2699
03:41:24,320 --> 03:41:29,400
contract was in 2023, I have participated in countless meetings in urban workshops with

2700
03:41:29,400 --> 03:41:30,600
the city regarding the district.

2701
03:41:31,420 --> 03:41:36,060
In every one of these meetings, I have strongly voiced concerns about the loitering in the

2702
03:41:36,060 --> 03:41:38,000
violence brings it brings into our district.

2703
03:41:38,800 --> 03:41:43,260
Parking law parties, car shows a legal, drink and food vendors on every corner.

2704
03:41:44,220 --> 03:41:49,180
The DHVA and Riverwalk presented recommendations for a new entertainment contract in 2024.

2705
03:41:49,180 --> 03:41:54,560
or part of the presentation you saw here last June with Chris Cooper has mentioned. These

2706
03:41:54,560 --> 03:41:59,380
included removing open container that we agreed with, giving FLP to the power to stop

2707
03:41:59,380 --> 03:42:04,300
the loitering. On May 20, the commission agreed a new contract need to be drafted quickly.

2708
03:42:05,020 --> 03:42:08,600
The commission asks the city man that are the city attorney to clarify if the district

2709
03:42:08,600 --> 03:42:12,600
manager must be a landowner, a tenant, or it could be a collective.

2710
03:42:15,200 --> 03:42:15,960
Since that meeting,

2711
03:42:15,960 --> 03:42:17,800
we have heard nothing from the city.

2712
03:42:18,680 --> 03:42:21,740
We were not included in the December 2025 memo.

2713
03:42:22,360 --> 03:42:24,980
The district can't contribute to something we're not invited to.

2714
03:42:26,380 --> 03:42:30,380
As a responsible business and representative of the district, I've done everything you've

2715
03:42:30,380 --> 03:42:30,620
asked.

2716
03:42:30,800 --> 03:42:32,860
I've been able to add the table for years now.

2717
03:42:33,120 --> 03:42:37,700
Years of warning about this unchecked crisis coming into our district, with no help and no answers.

2718
03:42:38,440 --> 03:42:41,100
And here we are talking about punishing the same district.

2719
03:42:41,800 --> 03:42:46,220
We agree that businesses that don't follow the rules should lose those privileges.

2720
03:42:46,880 --> 03:42:51,880
I ask you to distinguish those between those businesses and the ones that are which

2721
03:42:51,880 --> 03:42:54,580
hold the agreements and are working to revitalize the district.

2722
03:42:55,820 --> 03:42:58,820
We agree more police detail are needed.

2723
03:42:59,560 --> 03:43:00,500
But let's be clear.

2724
03:43:00,880 --> 03:43:05,140
A details job is to protect the business and the customers on our property.

2725
03:43:05,740 --> 03:43:07,820
My liability ends at my back door.

2726
03:43:07,820 --> 03:43:15,140
Not a single bar restaurant on our street owns a parking lot most of them owned by Astha that have zero security day or night

2727
03:43:16,740 --> 03:43:24,320
We agree this is a law enforcement problem an ATF problem. This is a code enforcement problem. This is a city problem

2728
03:43:24,320 --> 03:43:31,000
We ask you to please review the previous meetings agreements and address the gaps in strategy before making a decision that will

2729
03:43:31,000 --> 03:43:34,900
Impact all business and health in the district. I thank you for your time

2730
03:43:34,900 --> 03:43:37,660
and I hope you come to see me in a fast cast for Philly Cheese Six soon.

2731
03:43:37,700 --> 03:43:37,900
Okay.

2732
03:43:42,270 --> 03:43:42,550
All right.

2733
03:43:48,690 --> 03:43:48,930
Great.

2734
03:43:48,990 --> 03:43:50,010
Thank you very much.

2735
03:43:50,230 --> 03:43:51,530
Phil, she sounds good.

2736
03:43:52,890 --> 03:43:55,910
Is Capone still operating, is that correct?

2737
03:43:56,010 --> 03:43:57,050
They're part of the original.

2738
03:43:57,270 --> 03:43:58,170
So, Evan, I believe.

2739
03:43:58,170 --> 03:43:59,330
Capone still there.

2740
03:43:59,410 --> 03:43:59,610
Great.

2741
03:44:00,030 --> 03:44:00,470
Okay.

2742
03:44:02,750 --> 03:44:03,190
Fantastic.

2743
03:44:03,550 --> 03:44:04,210
Thank you.

2744
03:44:05,110 --> 03:44:07,150
So, everyone and squiggies is still running.

2745
03:44:07,170 --> 03:44:07,910
Wiggies is not.

2746
03:44:07,930 --> 03:44:10,550
That was actually the business that Eric just said he's remodeling.

2747
03:44:11,010 --> 03:44:11,250
Okay.

2748
03:44:11,570 --> 03:44:12,010
Remodeling.

2749
03:44:13,310 --> 03:44:13,670
Got it.

2750
03:44:15,350 --> 03:44:18,190
So excellent then six on there.

2751
03:44:18,190 --> 03:44:19,090
They're gone there running.

2752
03:44:20,130 --> 03:44:22,090
And so if they're not up in.

2753
03:44:22,090 --> 03:44:23,710
If squiggies isn't up in running,

2754
03:44:24,310 --> 03:44:26,710
then when it reconstitutes,

2755
03:44:28,190 --> 03:44:31,470
would it be grandfathered into the seven or would it?

2756
03:44:31,490 --> 03:44:35,150
Would that be a new process under where we fall now?

2757
03:44:35,970 --> 03:44:36,790
When you say reconstitutes,

2758
03:44:37,370 --> 03:44:38,750
I mean, it's like a meal.

2759
03:44:38,830 --> 03:44:39,390
It's a meal.

2760
03:44:39,890 --> 03:44:41,310
Same owner, same entity.

2761
03:44:42,190 --> 03:44:42,670
I don't know.

2762
03:44:42,670 --> 03:44:50,350
But you look at, is it? I'm not the owner, the same owner will be a new operator, same owner, same owner share.

2763
03:44:50,610 --> 03:44:53,630
Same owner, same entity, and they're part of it already.

2764
03:44:53,990 --> 03:44:56,010
That's just remodeling and you are.

2765
03:44:57,480 --> 03:44:57,840
Nice.

2766
03:45:00,000 --> 03:45:05,820
Okay. He said it'd be a whole new space with the same owner. Okay. Thank you. That's okay.

2767
03:45:06,260 --> 03:45:07,960
Yeah, I can help answer that commissioner. Okay.

2768
03:45:08,020 --> 03:45:13,500
Typically, when a new business came into the district, that would be when that comic control lease document would get amended.

2769
03:45:14,400 --> 03:45:23,020
And if that's happened several times over the course of the district, so business come in, establish themselves, provide ownership information and all that to the document.

2770
03:45:23,780 --> 03:45:33,220
Similarly, businesses that decided to not participate anymore close down or change their concept would remove themselves from that document, so there's a process by which that would occur.

2771
03:45:33,540 --> 03:45:37,520
Got it. Okay. Then city attorney, another question on the hour.

2772
03:45:41,040 --> 03:45:52,460
So if an adjustment is made in one special item in district walk me through how targeted changes can be or can't be made for one versus applying to all.

2773
03:45:52,460 --> 03:46:18,160
So if you're speaking about tonight and the hours, potentially impacting one and not the other, calling some out one from the other, a particular problem would be that you are creating a de facto dissertification, and then you have treated them differently, and there is a process for dissertification, which they would be entitled to go through, and you wouldn't have done that.

2774
03:46:18,780 --> 03:46:26,980
Okay. So in other words, any change to one district has to be applied to all districts? Is that what I'm hearing? You say?

2775
03:46:27,360 --> 03:46:29,440
For purposes of this ordinance tonight. Yes.

2776
03:46:29,440 --> 03:46:40,020
So that's for open container, sale of alcohol on streets, hours. If we decide on any of that tonight, it has to be applied to all districts.

2777
03:46:41,160 --> 03:46:45,260
Yes. But as we said earlier, you could pull out one topic from the other.

2778
03:46:45,260 --> 03:46:48,120
if you wanted to address the hour separately, you could do that.

2779
03:46:48,200 --> 03:46:51,380
But as long as it's uniform, you can affordly applied.

2780
03:46:53,840 --> 03:46:57,780
So in other words, if you don't change the hours for one district,

2781
03:46:57,800 --> 03:46:59,680
you don't change the hours for all the districts.

2782
03:47:00,440 --> 03:47:05,020
So Mayor, I think that's an important kind of clarification tonight.

2783
03:47:05,960 --> 03:47:07,120
So we'll keep it going.

2784
03:47:07,500 --> 03:47:08,060
Yeah, okay, great.

2785
03:47:08,260 --> 03:47:09,400
Thanks, thank you, city attorney.

2786
03:47:10,620 --> 03:47:11,000
Thank you.

2787
03:47:11,020 --> 03:47:12,760
Actually, if you can come back, I'm sorry.

2788
03:47:13,140 --> 03:47:14,180
So just a couple of questions.

2789
03:47:15,900 --> 03:47:20,080
So, you were saying about your food sales, you said you do what percentage of food sales?

2790
03:47:20,140 --> 03:47:32,920
Not my full, my full sales, my total sales from, I'm sorry, 3 am to 4 am or 2 am to 4 am, I believe I said 2 am to 4 am is 32% of my monthly sales.

2791
03:47:33,240 --> 03:47:35,040
Okay, is it a breakdown between food and beverage?

2792
03:47:35,940 --> 03:47:37,160
That's a right now now.

2793
03:47:37,580 --> 03:47:43,940
I guess the one thing I'm thinking about is if we were to stop serving alcohol at 3 am to stay open to 4.

2794
03:47:44,700 --> 03:47:48,480
right so the idea you know what I'm here is everybody wants to stay out and dance

2795
03:47:48,480 --> 03:47:52,960
right everybody wants to stay out and keep the party going but most you know it's

2796
03:47:52,960 --> 03:47:57,680
like when I go to a football game they stop serving beer at half time I

2797
03:47:57,680 --> 03:48:02,020
want to say realize that drunk fans are not good fans I understand that the

2798
03:48:02,020 --> 03:48:05,220
majority people coming to my restaurant at three o'clock two o'clock in

2799
03:48:05,220 --> 03:48:07,940
the morning two thirty in the morning are all getting off a work in dead

2800
03:48:07,940 --> 03:48:11,900
sober they just got off work they just got off work they just got off all

2801
03:48:11,900 --> 03:48:15,500
I was wrong yet. So this is a huge problem in England, right?

2802
03:48:15,500 --> 03:48:18,400
Well, they have a very half of this meeting. Right. So.

2803
03:48:18,920 --> 03:48:24,800
I'll see you guys there. Let me finish my thought here because this became a huge problem in England

2804
03:48:24,800 --> 03:48:30,360
where they started doing very, very early closing times, right? And so everybody goes in there

2805
03:48:30,820 --> 03:48:35,640
and basically pounds it for about an hour and a half and walks out and stumbles out into the street.

2806
03:48:36,220 --> 03:48:40,300
So if people are coming in at three o'clock and doing their best to get drunk by four before they leave,

2807
03:48:40,300 --> 03:48:42,600
That's, that's like he's being highly problematic.

2808
03:48:42,640 --> 03:48:45,380
That becomes a business business responsible being a responsible

2809
03:48:45,380 --> 03:48:48,800
business and not slam and drinks to not every five seconds and being

2810
03:48:48,800 --> 03:48:51,320
like cuss-loing customers down, which would we do.

2811
03:48:51,720 --> 03:48:53,540
What happens at my press run at three call on the morning?

2812
03:48:53,540 --> 03:48:55,920
Do you have different groups from different bars and restaurants all over

2813
03:48:55,920 --> 03:48:59,360
the city talking about work and just smoozing and having a good time and having a

2814
03:48:59,360 --> 03:49:03,860
happy hour. Okay. So you're the, you're the after work in the, in the, in the

2815
03:49:03,860 --> 03:49:07,420
busy hour and I was placed for everybody else or got it or after two.

2816
03:49:07,420 --> 03:49:10,820
the morning I get packed so they leave cheesecake factory they all

2817
03:49:10,820 --> 03:49:15,460
in the middle of the escape factory get off of work folks and everybody got it now

2818
03:49:15,460 --> 03:49:19,300
now now I'm on and if you were in the you were are in the busy and you do work

2819
03:49:19,300 --> 03:49:23,420
for tips you get a discount on every drink in the house understood and I

2820
03:49:23,420 --> 03:49:28,180
want to stop here have to commission meetings okay thank you thank you guys

2821
03:49:39,850 --> 03:49:43,590
Chanel followed by a Samantha Couslo and is anyone else which just

2822
03:49:43,590 --> 03:49:46,170
on the side of okay.

2823
03:49:50,980 --> 03:49:55,020
Did you sign up? You need to sign up. Well,

2824
03:49:55,020 --> 03:49:56,300
inside the clerk.

2825
03:49:57,020 --> 03:49:57,780
Good evening.

2826
03:49:58,200 --> 03:49:58,460
Bye.

2827
03:49:59,000 --> 03:49:59,980
So, I'm...

2828
03:50:00,000 --> 03:50:07,640
Member Manager, edibar, and as he said, which is kind of hard to follow, our foothills are also really

2829
03:50:07,640 --> 03:50:14,260
high between hours of two and four. We will lose some of our business, but we're okay with that,

2830
03:50:14,520 --> 03:50:19,040
with getting rid of open containers, because one of our spots has an open window to the outside

2831
03:50:19,040 --> 03:50:24,960
of the street, which we sell a lot when the bars are closing. We're okay with that. The problem

2832
03:50:24,960 --> 03:50:31,480
is the city of Fort Lauderdale, the details that we pay, as you've heard tonight, they can't

2833
03:50:31,480 --> 03:50:36,900
do anything. So even if we're going outside and saying, hey, you need to clear this street up,

2834
03:50:36,900 --> 03:50:41,000
you need to clear the front of my bar up because patrons don't want to come inside. They do

2835
03:50:41,000 --> 03:50:48,180
not have the ability to do that. So what else can we do? So we have code enforcement. Yeah, we

2836
03:50:48,180 --> 03:50:52,860
reached out. We've talked to them. My cousin's a lieutenant for Fort Lauderdale. I've asked him,

2837
03:50:52,860 --> 03:50:54,700
what can we do as business owners?

2838
03:50:54,960 --> 03:50:57,400
Technically, our hands are tied when it comes to that.

2839
03:50:57,400 --> 03:51:00,100
Well, we need, we're hearing that message tonight.

2840
03:51:00,400 --> 03:51:03,380
We need more enforcement, whether it be code enforcement,

2841
03:51:03,640 --> 03:51:06,360
whether it be police enforcement, and then also

2842
03:51:06,360 --> 03:51:09,060
we're changing the rules on outdoor sales and things like that.

2843
03:51:09,600 --> 03:51:13,320
So we'll go, you know, we're not trying to slam people,

2844
03:51:13,520 --> 03:51:14,880
we're just trying to do baby steps.

2845
03:51:15,200 --> 03:51:17,180
It takes certain measures to see what works,

2846
03:51:17,300 --> 03:51:18,000
which doesn't work.

2847
03:51:18,220 --> 03:51:19,660
So that's what we're here to discuss tonight.

2848
03:51:19,660 --> 03:51:28,680
Which we agree with listen, I was working those nights that all of these incidents happened. Is it scary? Yes. Can we stop it? No.

2849
03:51:29,140 --> 03:51:34,180
Oh, we got to think of your way. None of you, but we all have to work together to figure out a way to make those.

2850
03:51:34,220 --> 03:51:46,540
To make those bike that element to the street. That's the goal. We must and we don't realize in your ears and your experience to teach us what are the best practices so that we don't invite that element to the street.

2851
03:51:46,540 --> 03:51:54,960
That's what we hear. We need to give for a lot of LPD, the ability to do more than what they currently have the ability to do.

2852
03:51:55,140 --> 03:51:56,280
Like she has.

2853
03:51:56,920 --> 03:52:04,200
If we ask them to, the guys all front, for an example, smoking weed on my club, you can't do that. I'm kicking you out.

2854
03:52:04,580 --> 03:52:14,900
So what do they do they go off front? Why? Because for a lot of the walks right past them, because they do not have the authority to say, hey, you can't smoke here. They just don't do it.

2855
03:52:14,900 --> 03:52:22,660
Okay, so they have the authority, so it's a state law. You can't smoke marijuana in public just so you know correct

2856
03:52:23,880 --> 03:52:29,700
But it's allowed and that's why they do it because it has been allowed to be done on our streets

2857
03:52:29,700 --> 03:52:37,560
Okay, well the chief disagrees with you, but we can disagree. Okay, but it's the truth. Okay, fine, so

2858
03:52:37,560 --> 03:52:44,880
Please aren't doing enough. Okay, so nothing we're gonna do tonight is gonna change the law

2859
03:52:44,900 --> 03:52:51,480
around marijuana. Of course. So what happens to what would your feedback be if we stopped alcohol sales at three

2860
03:52:52,180 --> 03:52:53,920
and let you stay open to four?

2861
03:52:56,360 --> 03:53:03,220
I mean, it would still hurt some because like Ian said, a lot of us have friends that are in the business

2862
03:53:03,220 --> 03:53:08,780
and they come out to see us at the end of their shifts. Our food sales,

2863
03:53:09,100 --> 03:53:14,280
but for those of us that have restaurants in there, it would be a huge effect on all of us.

2864
03:53:14,280 --> 03:53:19,420
What time do their shifts end? Most of them end at two. So by the time they leave it's three.

2865
03:53:19,820 --> 03:53:26,140
You know, so they come in. They have a drink or two. They grab some food. They hang out with you while you're closing your bar and then everyone leaves.

2866
03:53:27,980 --> 03:53:34,100
Okay. So like 90% of your patrons are bar workers.

2867
03:53:34,480 --> 03:53:41,260
No, we're just saying it would it would those that that do work. They wouldn't be able to they would just have to go home.

2868
03:53:41,940 --> 03:53:47,920
know. What percentage of your patrons are people coming off shift bars? But that's

2869
03:53:47,920 --> 03:53:53,760
time of the night. Probably about 30, 35% maybe? Okay. All right. Thank you.

2870
03:53:53,760 --> 03:53:56,400
You're welcome. All right. Thank you Samantha.

2871
03:54:02,530 --> 03:54:03,770
And the last person will be Santa

2872
03:54:03,770 --> 03:54:04,270
Guerrero.

2873
03:54:07,020 --> 03:54:13,000
And while you people are used to get it staying up to 4 a.m. We aren't.

2874
03:54:15,910 --> 03:54:17,150
Hello. Hello.

2875
03:54:19,910 --> 03:54:31,610
I'm not a business owner or a worker, I lose no money or have no personal stake and how this goes, but I do have some insight on the situation that I think is important we bring to light.

2876
03:54:32,970 --> 03:54:37,050
I'm a local who's been going downtown since she was 18 years old with crosses on my hands.

2877
03:54:37,650 --> 03:54:46,870
Most times on Thursdays, Fridays, and Saturdays, and I just want to share my experience with the local bars and businesses and officers that will be affected if you change the time.

2878
03:54:47,570 --> 03:54:53,910
Over my three years of experience in the downtown area, I've witnessed knife fights, pepper sprays, threats.

2879
03:54:54,610 --> 03:54:59,970
Not a single one of these inside of business are even by people who I just left a bar, but by people who can...

2880
03:55:00,000 --> 03:55:07,180
Recome, every weekend, with their own alcohol, not purchase from a local business, like the first person spokesperson said.

2881
03:55:07,940 --> 03:55:16,080
I speak for locals when I say we are unanimous and the compromise not allow open containers. The only people that would be affected are the ones who are not there for the right reasons.

2882
03:55:17,200 --> 03:55:24,060
I would bet my life that the violence caused were those five people were shot, were not regulars and honestly a doubt of locals.

2883
03:55:24,780 --> 03:55:30,400
Mayer, correct me if I'm wrong. Didn't the FBI set a $2,500 reward for anyone who could come

2884
03:55:30,400 --> 03:55:35,780
forward with information on the shooter? That's correct, right? If security recognized them,

2885
03:55:35,920 --> 03:55:40,360
they would have cashed in that check. I guarantee you. My point is I understand you're concerned

2886
03:55:40,360 --> 03:55:44,400
in Fort Lauderdale becoming a war zone, but with all the respects, the only thing to stop that

2887
03:55:44,400 --> 03:55:49,520
is to ban the loitering and ban the open containers. Standing over there, in the white shirt,

2888
03:55:49,520 --> 03:55:57,200
is John. He runs head of security at Munchies. He stood in between a deranged homeless man with a knife trying to attack two young women leaving the club.

2889
03:55:57,840 --> 03:56:03,180
That's sitting there with the glasses, that's Josh, and Mike is somewhere over there. They run security for Sway.

2890
03:56:03,980 --> 03:56:09,740
And on more times than I can count I've seen them wrestle with overly aggressive drunk people just looking to get into Sway to cause issues

2891
03:56:09,740 --> 03:56:17,520
and then wait with them until their ubers come to get them. The police officers, most are known by the locals on a first name basis.

2892
03:56:18,020 --> 03:56:24,980
There are family down there and they keep each other safe within their own business and contrary to what you might think Councilman outside of it.

2893
03:56:25,240 --> 03:56:29,700
Even though as another formal councilman said, we can't fault the businesses for what happens outside of them.

2894
03:56:30,600 --> 03:56:37,860
Where it gets weird is because, like I said before, people come downtown with their own drinks, etc.

2895
03:56:38,800 --> 03:56:42,540
Mayor, as for the fake IDs, I'm going to defend the businesses really quickly.

2896
03:56:42,540 --> 03:56:47,620
As a former underage party girl, no bar or balancer down there is going to risk their

2897
03:56:47,620 --> 03:56:52,200
license and knowingly let in a 15 year old. The girl that you're talking about goes to

2898
03:56:52,200 --> 03:56:56,840
Spanish River High School. She's a sophomore. She's in, she's, she's, she's in the same

2899
03:56:56,840 --> 03:57:01,560
grade as my little brother. My dad, Sean Nakna-Maraga, he goes to PTA meetings with her dad.

2900
03:57:01,560 --> 03:57:05,620
So I've heard this on a personal level. She's a rich kid that has money for a really good

2901
03:57:05,620 --> 03:57:10,220
fake ID and respectfully to her as a minor. Developmentally, it does not look 15.

2902
03:57:10,760 --> 03:57:17,320
The 15-year-olds of previous generations do not look like those of today and have all the economic needs to pass for overage.

2903
03:57:17,840 --> 03:57:23,040
Also, if a 15-year-old being able to go out downtown and get drunk is not a bar owner's issue, it's a parental issue.

2904
03:57:23,420 --> 03:57:24,240
And that's not something.

2905
03:57:27,280 --> 03:57:27,520
No.

2906
03:57:33,150 --> 03:57:34,330
It's a parental issue.

2907
03:57:34,510 --> 03:57:36,550
And that's something we unfortunately cannot change.

2908
03:57:37,010 --> 03:57:40,310
Change in the time won't affect the 15-year-olds trying to get into clubs.

2909
03:57:40,690 --> 03:57:43,010
If they have a good fake ID, they'll just come earlier.

2910
03:57:43,010 --> 03:57:48,710
It won't affect the people bringing an alcohol from outside, but it will affect the over time pay of your officers

2911
03:57:48,710 --> 03:57:54,410
It will affect the revenue of local bars just wanting to run a clean business even with the 15-year-olds getting in the way

2912
03:57:54,410 --> 03:57:58,110
And it will affect the money of every other regular person with a job

2913
03:57:58,110 --> 03:58:03,490
That's just trying to feed their family. All right. Could you please conclude your comments? That's it. Okay. Thank you

2914
03:58:11,430 --> 03:58:15,590
Thank you for letting me go over time. I appreciate that. Yes, I do

2915
03:58:17,370 --> 03:58:18,770
So, you may sit down.

2916
03:58:18,850 --> 03:58:19,470
Okay, thank you.

2917
03:58:19,630 --> 03:58:20,650
Thank you.

2918
03:58:20,790 --> 03:58:21,110
Sammy,

2919
03:58:26,720 --> 03:58:28,500
people keep signing up to speak.

2920
03:58:29,120 --> 03:58:32,060
Just telling you that, you know, the commission is getting tired.

2921
03:58:32,160 --> 03:58:34,020
And we're going to make some decisions while we're tired.

2922
03:58:34,180 --> 03:58:36,260
So I just want, I just hope that people stop.

2923
03:58:36,740 --> 03:58:37,400
We've got the message.

2924
03:58:37,640 --> 03:58:39,040
We hear, we heard all the issues.

2925
03:58:39,560 --> 03:58:42,180
So, I know everyone likes to have their day in court.

2926
03:58:42,400 --> 03:58:45,500
But I'm just letting you know that the commission can only operate on all

2927
03:58:45,500 --> 03:58:47,260
like cylinders up to a certain point.

2928
03:58:47,320 --> 03:58:48,380
It's almost 11 o'clock.

2929
03:58:48,380 --> 03:58:55,980
And we want to be able to have an honest and fair discussion on this so I have three other people

2930
03:58:55,980 --> 03:59:01,820
sign up now to speak. So it's can't keep going on all night. We'll have these three, but nobody else.

2931
03:59:02,040 --> 03:59:04,400
I'm sorry. We just got to put it into it. Sammy.

2932
03:59:05,020 --> 03:59:09,880
All right. I'm not really normally sleep by 10. So to literally for me. So hi.

2933
03:59:10,200 --> 03:59:11,520
My name is Sammy. I am a sleep.

2934
03:59:11,680 --> 03:59:14,860
Yeah. My name is Sammy Guerrero. I'm the head of Global Operations for Fact Tuesday.

2935
03:59:14,860 --> 03:59:25,740
One of the new guys in town, the impact of the three to four clock time change is really an impact that hits this gentleman a lot more hits the guy that owns a bunch

2936
03:59:25,740 --> 03:59:35,900
He's a lot more. I cover a hundred locations across the US and Mexico, so you know for me, it's it's a blimp in the amount of locations that I have not one that I want to lose by any means

2937
03:59:36,300 --> 03:59:39,960
You know a lot of the people in this, you know, I heard a lot of a lot of arguments here

2938
03:59:41,240 --> 03:59:45,520
for the change of the time but you know I'm I'm a guy that's from Ohio in Ohio we have

2939
03:59:45,520 --> 03:59:49,220
some some things that are that are drive-thru's where we can buy alcohol to drive-thru's

2940
03:59:49,220 --> 03:59:53,060
or we can go to grocery stores by alcohol I also have a lot of brands that are in New Orleans

2941
03:59:53,060 --> 03:59:57,920
where you can also go through drive-thru's order, battery, battery to go, take it to your house

2942
03:59:58,480 --> 03:59:59,580
and have it there

2943
04:00:00,180 --> 04:00:06,660
We are also a big proponent of the drive of the side window that we have in our operation as part of in

2944
04:00:06,660 --> 04:00:14,060
hemorrhage. However, I do believe that to me, from being an out of town or not being from here, when my friends

2945
04:00:14,060 --> 04:00:20,060
come to visit and enjoy the nightlife that is for Lauderdale, they do think it's crazy that you can walk outside with your

2946
04:00:20,060 --> 04:00:29,120
drinks and just kind of hang out in the corners on every block. So you're okay with our curving that? 100%. I think for me, it

2947
04:00:29,120 --> 04:00:33,800
my business because I'm known for grabbing go, right, and Vegas. That's all that we do in the

2948
04:00:33,800 --> 04:00:38,140
ones. You have the drive to location. So for me, it's something that, uh, at, in Bayside in Miami,

2949
04:00:38,700 --> 04:00:43,280
uh, in other locations, we're known as a grabbing go location. So I do think, you know, uh, the other

2950
04:00:43,280 --> 04:00:48,660
gentleman said that it's 32% of the sales from, from two to four, I think for me to have 50% of

2951
04:00:48,660 --> 04:00:54,660
our sales. Uh, we pay into the police. We have our own security as well. Um, but I do think that if we, you know,

2952
04:00:54,660 --> 04:00:59,100
I understand the weed, we can't stop everybody and see if it's Delta 9, Delta 8 or anything.

2953
04:00:59,100 --> 04:01:03,440
You know, anything else like that, but it's pretty evident that 90% of the people that are

2954
04:01:03,440 --> 04:01:06,680
hanging out on the blocks are drinking alcohol and just hanging out.

2955
04:01:06,940 --> 04:01:10,860
I have the license to open, you know, to have 10 or 20 more tables outside and I've made

2956
04:01:10,860 --> 04:01:15,200
the conscious decision not to do that because of the experience that my customers will have.

2957
04:01:15,940 --> 04:01:16,600
Thank you.

2958
04:01:16,600 --> 04:01:17,100
Thank you, sir.

2959
04:01:17,320 --> 04:01:20,320
My last point would be for the gentleman here that owns the coffee shop.

2960
04:01:20,400 --> 04:01:23,660
I take my 20-month-old daughter to the Hemerci area.

2961
04:01:24,040 --> 04:01:28,360
It doesn't get busy at all until 10 o'clock and I feel completely safe with my 20-year-old

2962
04:01:28,360 --> 04:01:32,900
my wife. In fact, I got engaged on the river. So, I don't think that's a valid point.

2963
04:01:39,680 --> 04:01:44,280
This person's state, this partnership I cannot read for the life of me of he's from Miami,

2964
04:01:44,440 --> 04:01:46,540
Club Euro. Who's that?

2965
04:01:51,100 --> 04:01:51,320
Okay.

2966
04:01:55,870 --> 04:01:58,470
All right. Dick. Dick Coker.

2967
04:01:59,970 --> 04:02:01,990
Somehow we overlooked your card. I apologize.

2968
04:02:09,190 --> 04:02:11,590
Good evening. Dick Coker. I'm representing dicey

2969
04:02:11,590 --> 04:02:17,330
Riley. He's one of the original in part of the list. I just want to make a couple of points real

2970
04:02:17,330 --> 04:02:20,170
quickly, I won't reiterate the things that people have said already.

2971
04:02:21,110 --> 04:02:26,990
The gentleman from Munchies explained the economics of the late night business.

2972
04:02:27,130 --> 04:02:32,090
I think that applies to every business here, it certainly applies to dice you rallies.

2973
04:02:33,880 --> 04:02:39,570
University, the change in the hours is what's going to kill these businesses.

2974
04:02:40,350 --> 04:02:40,970
University.

2975
04:02:40,970 --> 04:02:42,710
You're going to kill the, you're going to kill the,

2976
04:02:42,710 --> 04:02:43,590
all going to go out of business.

2977
04:02:43,590 --> 04:02:48,030
It will, it will substantially harm the businesses.

2978
04:02:48,570 --> 04:02:52,010
And so the point I want to make is below hanging fruit

2979
04:02:52,010 --> 04:02:56,850
you have here that everybody agrees will not only help the city

2980
04:02:56,850 --> 04:03:00,790
but help the businesses is to eliminate the open containers.

2981
04:03:01,390 --> 04:03:05,170
If you do that, you know you're doing the right thing.

2982
04:03:05,690 --> 04:03:08,950
Everyone agrees on your side, on the business side.

2983
04:03:08,950 --> 04:03:18,870
it's the low hanging fruit and we believe the business owners believe that by doing that you will see a

2984
04:03:18,870 --> 04:03:25,910
substantial improvement on the street. Substantial. The debris on the street will be cut substantially.

2985
04:03:26,670 --> 04:03:29,730
The people just milling around will be cut substantially.

2986
04:03:32,010 --> 04:03:34,470
The underage drinking will be cut

2987
04:03:34,470 --> 04:03:44,830
substantially, the enforcement by your police officers will not be hammered because they can

2988
04:03:44,830 --> 04:03:50,890
just go up. They have probable cause if somebody is drinking with an open container and that can

2989
04:03:50,890 --> 04:03:57,310
be enforced. Right now it can't be enforced. So all these things are there for the open container.

2990
04:03:58,210 --> 04:04:08,470
Whereas the economic harm is on the hours, so you have the chance to take the low-hanging

2991
04:04:08,470 --> 04:04:13,910
fruit, see if it really helps, see if it really helps, while not doing the economic

2992
04:04:13,910 --> 04:04:14,990
harm to the businesses.

2993
04:04:15,650 --> 04:04:17,310
We ask you to do that first.

2994
04:04:17,610 --> 04:04:18,170
Okay, great.

2995
04:04:18,270 --> 04:04:18,570
Thank you.

2996
04:04:18,870 --> 04:04:19,690
Let me ask you a question.

2997
04:04:21,270 --> 04:04:24,670
So, you mentioned on a regular drinking, see if you think on a regular drinking is a problem there.

2998
04:04:25,450 --> 04:04:26,350
Oh, of course it is.

2999
04:04:26,350 --> 04:04:34,230
it's a problem everywhere. And if I could mention, because I've happened to have the phone calls

3000
04:04:34,230 --> 04:04:43,630
about this with NIC rallies and others, for $250, you can get the best fake ID there is.

3001
04:04:43,970 --> 04:04:52,610
You can look 28 years old, if you're 17 or 18, you can get it online. I'm surprised that the

3002
04:04:52,610 --> 04:04:59,970
Let their credit cards be used for their under-age miners to buy these great ideas.

3003
04:05:00,000 --> 04:05:07,300
Where we used to have to do it on a Xerox machine. The guess what? Guess what? When I go into a 711, they

3004
04:05:07,300 --> 04:05:13,240
card everyone that that looks like they're under the age of 30. So it can be done. Yes, you

3005
04:05:13,240 --> 04:05:20,400
card them, but the cards are so good these days. Yeah. They are. You pay $250 and you could be any

3006
04:05:20,400 --> 04:05:29,860
age you want. I promise you. Really? I could be 30 again. I could be 30 again. I can't do it.

3007
04:05:29,860 --> 04:05:31,480
I appreciate it. Okay.

3008
04:05:36,080 --> 04:05:39,460
Okay. Is anyone else who wishes to speak on this item? If not,

3009
04:05:39,960 --> 04:05:41,300
do I hear a motion to close public hearing?

3010
04:05:41,340 --> 04:05:42,660
Move to second.

3011
04:05:46,780 --> 04:05:49,400
Who's the second of please call the roll on those.

3012
04:05:49,700 --> 04:05:51,960
Is there a mayor? Yes, Commissioner Glassman. Yes.

3013
04:05:52,120 --> 04:05:54,180
Mr. Beesley Pippman. Yes, Commissioner Sorenson. Yes,

3014
04:05:54,380 --> 04:06:00,820
Mayor Trentals. Yes, and public hearing is now closed. Okay. So this is your district

3015
04:06:00,820 --> 04:06:05,520
Commissioner to glass and what would you like to do?

3016
04:06:05,840 --> 04:06:09,960
Yes. Well, first of all, I want to thank everyone for showing up tonight and expressing

3017
04:06:09,960 --> 04:06:14,120
yourselves. That's the most important part of this evening. So thank you very much.

3018
04:06:15,120 --> 04:06:21,060
So this is where I am right now, Mayor. I really believe that our earlier discussion is something

3019
04:06:21,060 --> 04:06:26,960
I'd like to follow. I think we should do right now what we all agree should be done in terms of

3020
04:06:26,960 --> 04:06:34,900
open containers and sales, and then I believe that we should just stop there, have staff continue

3021
04:06:34,900 --> 04:06:40,900
to work. I think that Ellen mentioned that she'll be happy to get together with her clients.

3022
04:06:40,960 --> 04:06:48,420
I think that all of the businesses in the district have got to step up to the plate, but I'm not

3023
04:06:48,420 --> 04:06:55,360
ready to deal with anything yet in terms of closing hours at this point. I really want to make

3024
04:06:55,360 --> 04:07:01,280
It really clear that I certainly understand what makes these businesses successful.

3025
04:07:02,540 --> 04:07:08,560
I'm not at this point ready to impede that in any way, but at the same time, I really

3026
04:07:08,560 --> 04:07:13,840
want to make it very clear that I think the patient's level of this commission is just

3027
04:07:13,840 --> 04:07:20,640
at its breaking point now, and I really think that we have to see improved behavior again.

3028
04:07:20,780 --> 04:07:25,120
As I said earlier, I don't want to punish the good actors because of the behavior of

3029
04:07:25,120 --> 04:07:31,600
bad actors. But I think that we should just take this in steps. I think there are good things

3030
04:07:31,600 --> 04:07:37,600
that came out of this evening. And I'm willing to just give it that little extra time. But as we

3031
04:07:37,600 --> 04:07:44,080
acknowledge earlier, Spring Break is really soon. And I want to be able to see us come back

3032
04:07:44,080 --> 04:07:49,760
before that. We have the whole month of February. And I really want to be able to see us make some

3033
04:07:49,760 --> 04:07:54,520
substantial changes and making sure that we're able to move forward.

3034
04:07:54,640 --> 04:07:56,580
Again, I want to find the balance here.

3035
04:07:56,700 --> 04:08:03,200
I want to find the balance with doing what's right to protect public safety, also to protect

3036
04:08:03,200 --> 04:08:04,220
the business interest.

3037
04:08:05,220 --> 04:08:09,060
I don't want to throw out the baby with the bath water, but I think that we've made some

3038
04:08:09,060 --> 04:08:10,880
good substantial progress this evening.

3039
04:08:11,600 --> 04:08:18,140
So let's do what we all agree we can do, find that common ground, and then take it incrementally

3040
04:08:18,140 --> 04:08:18,700
after that.

3041
04:08:18,700 --> 04:08:27,500
So you'd like to introduce an ordinance that that reiterates all the aspects of the

3042
04:08:27,500 --> 04:08:34,900
ordinance that exhibit six except you'd like to remove the sections that say that limit the

3043
04:08:34,900 --> 04:08:41,760
hours of operation from four to three you want to keep it as is. I want to keep it as is right

3044
04:08:41,760 --> 04:08:47,500
now on page five of six of the camera has the citywide well that's the citywide and then it also has

3045
04:08:47,500 --> 04:08:53,540
existing special entertainment districts time. I'm willing to keep that the same for the time being.

3046
04:08:53,920 --> 04:08:55,780
Yeah, so in order to be introduced.

3047
04:08:58,650 --> 04:09:02,050
Like, come on, come on.

3048
04:09:02,050 --> 04:09:05,050
So, okay, in order to be introduced, comments,

3049
04:09:05,590 --> 04:09:07,730
questions, comments from anybody.

3050
04:09:08,890 --> 04:09:11,170
Commissioner Sorenson, what are your thoughts?

3051
04:09:12,390 --> 04:09:15,250
Thanks. Thanks, Mayor. Thank you everyone for being here.

3052
04:09:16,570 --> 04:09:21,350
Let's see, city attorney, question, go ahead, city clerk, okay,

3053
04:09:23,430 --> 04:09:37,990
what, so at some point if there is a reduction of hours, you mentioned on this case by case basis and on an event by event basis, there could be permitted extension of those hours.

3054
04:09:37,990 --> 04:09:43,970
So how quickly could that process be established?

3055
04:09:45,830 --> 04:09:50,430
Well, we'll work immediately to do this and I understand that the stakeholders want to participate,

3056
04:09:50,630 --> 04:09:55,710
so I think we could collaborate and create criteria to give that as a permit or a license,

3057
04:09:56,110 --> 04:09:59,730
or give the managers some authority with some kind of call-up, we could instruct her.

3058
04:10:00,000 --> 04:10:12,580
But we can lay out some criteria so that every stakeholder would individually be granted that privilege or not upon meeting the criteria and it gives us an ability to enforce, which you can see is difficult right now.

3059
04:10:13,000 --> 04:10:15,100
Yeah. So I mean, that's something I'm very interested in.

3060
04:10:15,220 --> 04:10:19,800
But it's not going to happen in the next two weeks. It's going to take a couple of months.

3061
04:10:19,800 --> 04:10:36,440
And it's going to take a couple of months to have stakeholder meetings, and it's going to take some time to research other ordinances, and other jurisdictions, and by the time it gets to us we're probably talking after spring break.

3062
04:10:37,620 --> 04:10:47,440
So I agree with your what you're looking to do. I don't know if we can accomplish it this season, but I definitely agree with which you're suggesting.

3063
04:10:47,440 --> 04:10:52,520
But if we go with what the ordinance is that's been introduced,

3064
04:10:53,180 --> 04:10:55,840
that at least gives us one step forward in the right direction.

3065
04:10:57,420 --> 04:11:00,500
And we're going to take these folks to their word.

3066
04:11:00,720 --> 04:11:04,640
I'm going to take Ellen Bogdan off to her word that she's going to organize

3067
04:11:05,440 --> 04:11:09,660
the owners and the operators so that they can come back with a plan.

3068
04:11:10,060 --> 04:11:14,300
And we'll see within the six months or less what they've accomplished

3069
04:11:14,300 --> 04:11:17,920
to see whether or not there's been success sick.

3070
04:11:18,360 --> 04:11:22,500
You know, I hope we never have another incident like we experienced these last few weeks.

3071
04:11:24,320 --> 04:11:27,900
I don't want to see this type of behavior, continue in Fort Loderdale.

3072
04:11:28,820 --> 04:11:33,360
It took years and years and years for the city to erase that image.

3073
04:11:34,240 --> 04:11:39,300
And I just don't want to see us falling back at a time when we can, you know,

3074
04:11:39,460 --> 04:11:41,460
where at least benefits our community.

3075
04:11:41,460 --> 04:11:47,280
So your admonition is, let's move forward with some kind of process.

3076
04:11:47,520 --> 04:11:51,180
I still got more to say, yeah, yeah, but yes, I'm interested.

3077
04:11:51,460 --> 04:12:00,480
I'm definitely interested in the process in having a way to achieve that privilege to be

3078
04:12:00,480 --> 04:12:00,760
in.

3079
04:12:00,760 --> 04:12:01,980
Yes, to operate to Fourier.

3080
04:12:05,180 --> 04:12:10,980
So city manager and city attorney, so my understanding is right now there are six

3081
04:12:10,980 --> 04:12:16,720
businesses in the hemorrhage area that can operate until 4am. Is that correct?

3082
04:12:18,790 --> 04:12:19,510
Correct.

3083
04:12:20,170 --> 04:12:27,050
Okay. Those who have been party to that agreement. Yes. Correct. So from a

3084
04:12:28,390 --> 04:12:32,850
enforcement standpoint and from a being good neighbors and working together,

3085
04:12:33,790 --> 04:12:39,490
everyone else needs to do what? What time do they close? What time do they stop selling alcohol?

3086
04:12:42,080 --> 04:12:46,300
in theory or on paper.

3087
04:12:46,560 --> 04:12:48,660
No, it's not on theory, it's not theoretical.

3088
04:12:50,060 --> 04:12:50,640
What's this?

3089
04:12:50,640 --> 04:12:51,440
This is viral loss.

3090
04:12:51,440 --> 04:12:52,160
What's the ordinance?

3091
04:12:53,080 --> 04:12:59,380
They should not have the ability to have those extended hours of sale and consumption.

3092
04:13:00,580 --> 04:13:07,000
So those who are not party to it are not operating within our current framework.

3093
04:13:08,220 --> 04:13:14,780
so only the six can operate until but again I just walk me through can so if you're in the

3094
04:13:14,780 --> 04:13:19,200
six you can or maybe if we need Chris to if you're in the six you can do what and sell

3095
04:13:19,200 --> 04:13:23,500
alcohol until what and what days if you're not one of the six then what do you have to do?

3096
04:13:23,860 --> 04:13:28,980
If you are one of the six the existing hours Sunday through Thursday,

3097
04:13:29,200 --> 04:13:36,250
70m to 40m of the following day Friday through Saturday, 70m to 40m of the following day

3098
04:13:36,250 --> 04:13:50,850
their additional privileges as well as outline in the memorandum. No distance separation between establishments. Outdoor

3099
04:13:50,850 --> 04:13:57,870
sale of alcohol unless that's a decision the commission is making a decision on today. Open containers

3100
04:13:57,870 --> 04:14:03,630
of alcohol within the boundaries of the special entertainment district. Increase decibel levels

3101
04:14:03,630 --> 04:14:09,010
that extended hours for noise. Those are the privileges afforded to those within the special

3102
04:14:09,010 --> 04:14:14,110
entertainment district that are part of that, or greater. And if you're not in the special

3103
04:14:14,110 --> 04:14:19,150
under, and if you're not one of those six, you have to what? Close that, I don't know what the law is.

3104
04:14:19,450 --> 04:14:26,330
So you would operate under the normal hours of the city, which is the 2 a.m. and the 3 a.m.

3105
04:14:26,470 --> 04:14:31,410
Go. So that's the law as it is today, unless we want to change that law.

3106
04:14:31,410 --> 04:14:38,090
Well, my only problem with that is the city has allowed this behavior for how many years now. How does the city just go back and now

3107
04:14:38,090 --> 04:14:44,290
I say oops, we goof for the last 10 years. So now as of tomorrow. We're sorry. I had to do that.

3108
04:14:49,550 --> 04:14:54,650
I don't know the duration that this has gone on for and to what extent

3109
04:14:56,030 --> 04:14:59,590
You know my mom always says when you know better you do better

3110
04:15:00,000 --> 04:15:16,020
And if we are taking the position that we want to enforce based on what exists as the rule, then it would be great to hear that feedback from the commission, because this has been allowed to take place for so long.

3111
04:15:17,300 --> 04:15:29,980
All right. All right. But there's a commissioner, sorry, since point. All right. What does it take for a bar operator to come to the city and say, look, I am doing, I am doing, or we'll promise to do.

3112
04:15:29,980 --> 04:15:37,920
A through, A through Z, okay, and let me continue doing, let me continue to remain open until

3113
04:15:37,920 --> 04:15:44,220
4 a.m., but not open, but serve alcohol until 4 a.m. What that process should not be that complicated, right?

3114
04:15:45,440 --> 04:15:50,420
I don't think it should be complicated, but it's more to it than the hours of sale. There's certain

3115
04:15:51,540 --> 04:15:56,820
requirements, that's the kind of, that's the kind of, that's the kind of, that's the kind of, that's the kind of application.

3116
04:15:56,820 --> 04:16:08,320
And say, we will do all the things that are expected of us in order to, in order for us to qualify for the privilege of opening until 4am.

3117
04:16:08,900 --> 04:16:12,720
We don't have to change any ordinances, we don't have to change any rules or already in place.

3118
04:16:13,820 --> 04:16:16,100
For this six people have already complied.

3119
04:16:16,640 --> 04:16:23,890
So can those that, instead of grandfathering in the others, why can't we just get assurances from these folks that they're going to

3120
04:16:23,890 --> 04:16:28,630
that they're going to fulfill the expectations according to the ordinances that are already in place.

3121
04:16:29,470 --> 04:16:32,190
And then continue to allow them to remain open until 4 a.m.

3122
04:16:32,390 --> 04:16:38,310
I think that can happen. But I think the prior discussion with the businesses was that we were

3123
04:16:38,310 --> 04:16:44,750
going to restructure this all together. At some point we can't. But right now we do have an ordinance in place.

3124
04:16:45,270 --> 04:16:53,450
And it's achievable. Obviously six operators have already succeeded in being able to fulfill the

3125
04:16:53,450 --> 04:17:01,450
requirements. So what is it going to take for these other folks that claim to be eligible,

3126
04:17:01,990 --> 04:17:07,930
but are technically not eligible because they are not, they have to not enter into that agreement

3127
04:17:07,930 --> 04:17:15,370
with the city. Chris, what are your thoughts on that. So in the if the entity that was the

3128
04:17:15,370 --> 04:17:20,430
convict control entity was still an existence, then it's a matter of adding or subtracting to an

3129
04:17:20,430 --> 04:17:28,330
existing district. The criteria for creating a new district is some of the criteria is difficult

3130
04:17:28,330 --> 04:17:32,670
to meet and probably not attainable in the areas of the city that we have current entertainment

3131
04:17:32,670 --> 04:17:37,070
districts. Part of that was that it was an economically suppressed or depressed area,

3132
04:17:37,750 --> 04:17:43,910
economic revitalization area. There's some of that older criteria that was present and the

3133
04:17:47,350 --> 04:17:58,730
business type activity in these areas, but those conditions aren't present anymore. So, to establish a brand new district is probably unrealistic to add a subtract from an existing district is more feasible.

3134
04:17:59,490 --> 04:18:06,850
Okay. So let's add from the existing district. Can it, is it a nominal control entity for

3135
04:18:06,850 --> 04:18:10,970
HEMR-She doesn't exist anymore. That would be the person or group that could add or subtract,

3136
04:18:11,070 --> 04:18:18,370
which is what the manager described as the intent behind creating this new mechanism or program for

3137
04:18:18,370 --> 04:18:28,710
HEMR-Sheets to somewhat reconstitute itself. That would be the path forward. When was the, when was the

3138
04:18:28,710 --> 04:18:36,250
to press area. I mean, these were all created back in the probably mid 90s, late 90s. I'm

3139
04:18:36,250 --> 04:18:42,410
going to, well, he referenced it. He may know, but it was in around the operating as the war

3140
04:18:42,410 --> 04:18:48,130
in the late 90s. No, but he just had a few years. Right. So those businesses can change and

3141
04:18:48,130 --> 04:18:52,790
can become new and different things, which the war did. Warf was an empty lot. Yeah, but it was

3142
04:18:52,790 --> 04:18:58,090
part of that district, so it was contiguous and it, and it, right, I don't know, they

3143
04:18:58,090 --> 04:18:59,610
tore it all down.

3144
04:19:02,310 --> 04:19:02,310
Yeah,

3145
04:19:04,570 --> 04:19:09,150
but Chris is what I can say, but what you're asking is the point

3146
04:19:09,150 --> 04:19:18,530
I'm alluding to. There is a person, there is no body that, in, enter a district, okay, that

3147
04:19:18,530 --> 04:19:25,170
entry should be approved and held by the city, right now it's in common control, so right

3148
04:19:25,170 --> 04:19:30,490
Now, if someone were to apply in my district, I would have to accept, and can't

3149
04:19:30,490 --> 04:19:32,390
it lead nobody applies in my district.

3150
04:19:32,750 --> 04:19:37,490
And I'm sure what happens on him or she's street is a person may not even be aware

3151
04:19:37,490 --> 04:19:41,530
of their in the district or not in compliance with the district, and my neighbor is opening

3152
04:19:41,530 --> 04:19:42,230
for him.

3153
04:19:42,570 --> 04:19:44,070
So why am I not opening for him?

3154
04:19:44,450 --> 04:19:48,210
And a consumer walks into a establishment thinking they're all open to for him.

3155
04:19:48,330 --> 04:19:49,970
So that's the issue that we have.

3156
04:19:49,990 --> 04:19:51,730
I know that's the issue that we have.

3157
04:19:51,730 --> 04:19:56,750
and we have a lot of operators here who are operating as if they are in a district and they're not

3158
04:19:56,750 --> 04:19:59,970
that's correct but there is no enforcement of who is a

3159
04:20:01,100 --> 04:20:04,700
So they just go on out the force and we have code and force.

3160
04:20:05,740 --> 04:20:08,580
But my point, mayor, is that we've allowed this to continue.

3161
04:20:08,580 --> 04:20:10,020
I know all of these. But I'm here. Okay.

3162
04:20:10,260 --> 04:20:12,040
The same call, all of these groups of people.

3163
04:20:12,340 --> 04:20:12,440
The complaint.

3164
04:20:12,800 --> 04:20:19,180
Well, right now, I think you almost have to have like the state on this until staff figures is all

3165
04:20:19,180 --> 04:20:25,840
out. Comes back to us with the ordinance completely done and a total reconfiguration of

3166
04:20:25,840 --> 04:20:27,480
how we're approaching all of these districts.

3167
04:20:27,480 --> 04:20:36,820
But I don't think because of the fact that, and yes, we've identified tonight that only six are the actual part of that district, but again

3168
04:20:36,820 --> 04:20:43,220
I just think it's totally unfair to penalize anyone at this point when it's really been the city's behavior

3169
04:20:43,220 --> 04:20:48,340
That's caused a lot of this issue. I don't I'm yeah. It's a city's way

3170
04:20:54,020 --> 04:21:03,220
Yeah, yes it don't tell me to be quiet mayor. You'll be quiet and meeting is over

3171
04:21:03,220 --> 04:21:09,620
If we only share the meeting hey, well, that's just 10 seconds just come to us move to extend the meeting to 1130

3172
04:21:11,320 --> 04:21:18,240
And we still have a minute to spare so come down mayor. We're still able to do it if I may yeah, it's 10.59 or just turn

3173
04:21:19,640 --> 04:21:23,240
So anyway, I'm saying, I'll go ahead and go ahead and vote.

3174
04:21:23,380 --> 04:21:24,940
We'll go ahead and vote.

3175
04:21:24,940 --> 04:21:25,820
Vice Mayor Herbs.

3176
04:21:26,520 --> 04:21:27,240
Commissioner Glassman?

3177
04:21:29,860 --> 04:21:30,820
Commissioner, please leave him.

3178
04:21:31,320 --> 04:21:31,760
Yes.

3179
04:21:32,060 --> 04:21:32,580
Commissioner Glassman.

3180
04:21:34,000 --> 04:21:34,140
Yes.

3181
04:21:36,040 --> 04:21:42,100
And all I'm saying is shame on us because we have allowed this to continue all of this time.

3182
04:21:42,120 --> 04:21:42,660
That's all.

3183
04:21:42,720 --> 04:21:47,740
So I'm saying, you put a stay on this and you just let everything continue until we hopefully

3184
04:21:47,740 --> 04:21:53,780
figure this out really soon, but I don't think it's fair to take any kind of enforcement

3185
04:21:53,780 --> 04:21:58,520
action at this point in time when we haven't done any enforcement action in a decade.

3186
04:21:58,720 --> 04:21:59,880
That's what I'm saying.

3187
04:22:02,120 --> 04:22:14,520
And prior in 2018, when Lee Feldman tried to attack this problem, his solution was to create

3188
04:22:14,520 --> 04:22:18,080
night time manager and a night time manager at that time was a city's

3189
04:22:18,080 --> 04:22:23,100
representative for enforcement and she worked out it worked out pretty well until

3190
04:22:23,100 --> 04:22:25,880
budget cuts happen and then she lost a position.

3191
04:22:26,280 --> 04:22:29,620
Clearly timid didn't work out that well because we were not enforcing what we

3192
04:22:29,620 --> 04:22:34,280
should have been forced. We were back then. Oh, so, so fix were operated in until no

3193
04:22:34,280 --> 04:22:39,800
no, no, that 2018 this is exactly right. So, so, so when we're only six

3194
04:22:39,800 --> 04:22:43,540
were operating until four and two, that thousand, no, no, no, there was others in

3195
04:22:43,540 --> 04:22:54,700
No one's reapplied since that common ownership has been dissolved. That's the issue. Right, but a common ownership was only seven back then is what I've heard from several people. Not sure who was

3196
04:22:54,700 --> 04:23:01,780
Yeah, so I'm saying we weren't enforcing that just here. Oh, it's always been very loose. Let's be on exactly. Yes, I agree. Yeah, I agree. That's what I'm saying. It wasn't working well

3197
04:23:01,780 --> 04:23:09,100
Okay, so Mayor thought it was. Yeah, so look I think we actually need enforcement. I'm a believer in force

3198
04:23:09,100 --> 04:23:15,020
on what we should institute is new enforcement that we've never had before, which is eliminating

3199
04:23:15,020 --> 04:23:21,380
open container and eliminating on-street alcohol sales. So that enforcement and that

3200
04:23:21,380 --> 04:23:25,660
rule needs to go in tonight. And I think there's consensus on that. So I think we need to

3201
04:23:25,660 --> 04:23:30,380
well, well, you're, well, you're against the question and you're doing. No, no, no, I introduced

3202
04:23:30,380 --> 04:23:35,560
an ordinance to do exactly those two things. That's what I did. So how can I be against enforcement

3203
04:23:35,560 --> 04:23:37,880
if I, if I, no, it's set.

3204
04:23:38,060 --> 04:23:40,540
You said it's the extended hours that you're getting.

3205
04:23:40,860 --> 04:23:42,240
You're, I think it's a fourth month.

3206
04:23:42,240 --> 04:23:43,260
No, I'm not, again.

3207
04:23:43,400 --> 04:23:45,740
You're, you're, you're a, you're a reduction of the extended hours.

3208
04:23:45,780 --> 04:23:47,300
At this moment in time, right?

3209
04:23:47,500 --> 04:23:47,600
Yes.

3210
04:23:47,660 --> 04:23:48,620
At this moment in time.

3211
04:23:48,820 --> 04:23:52,300
And then for, so the existing law, we're saying,

3212
04:23:52,660 --> 04:23:56,140
we're just gonna, kind of, not put into play,

3213
04:23:56,300 --> 04:23:58,340
the existing law we have now on the books,

3214
04:23:58,720 --> 04:24:01,740
and we're gonna allow just kind of,

3215
04:24:01,740 --> 04:24:04,580
how we've been operating, to go for now,

3216
04:24:04,580 --> 04:24:15,300
Just put a deadline on this which I think we should. That's why I'm asking when I hear. I think we need to move this forward faster than than I think it has to be accomplished within 90 days. You think that could happen.

3217
04:24:16,100 --> 04:24:17,720
I think that could happen.

3218
04:24:18,200 --> 04:24:24,540
And like I said at the beginning, I think stakeholders should be part of that discussion and and and work through it.

3219
04:24:24,540 --> 04:24:29,880
All right, together. And then the last piece I have is, do this question for city attorney.

3220
04:24:30,120 --> 04:24:38,230
So I'm just waiting to see the attorney, so if we have a process where individual

3221
04:24:38,230 --> 04:24:43,350
businesses will be able to opt in to the later hours of so forth, do you still need

3222
04:24:43,350 --> 04:24:45,230
a entertainment district?

3223
04:24:45,910 --> 04:24:50,690
You could maintain the district, but you would have specific criteria and enforcement

3224
04:24:50,690 --> 04:24:55,630
ability. We would change it so that it is much more clear the common control clearly doesn't

3225
04:24:55,630 --> 04:24:58,570
work. It's wholly unworkable.

3226
04:25:00,000 --> 04:25:22,860
We came within the district, you would still have the geographic area, you would have the entities, within the district, and each would, in theory, we could figure this out, but they could apply for a permit or they could be granted a license or they could be granted, some administrative authority to operate with that extra hour, if they do these ten following things, which will also have the ability to enforce individually.

3227
04:25:23,600 --> 04:25:29,260
So do we need a special entertainment district for us as a city to allow someone to stay open later?

3228
04:25:29,260 --> 04:25:41,620
I think we should maintain the special entertainment district boundaries because otherwise what would stop businesses from outside the existing districts from wanting to

3229
04:25:42,860 --> 04:25:44,340
That's exactly it.

3230
04:25:44,620 --> 04:25:48,820
Why can't the businesses on Los Olsdale put before if they comply with all the entertainment

3231
04:25:48,820 --> 04:25:49,840
district requirements?

3232
04:25:51,320 --> 04:25:51,820
That's a question.

3233
04:25:52,020 --> 04:25:54,660
Don't have the answer, but it's certainly something we should do.

3234
04:25:55,120 --> 04:26:00,720
So, the commission would like to expand the opportunity for those privileges, city-wide.

3235
04:26:02,200 --> 04:26:10,060
There would be an expectation for enforcement, management, administrative oversight, city-wide.

3236
04:26:10,060 --> 04:26:14,720
Well, we can think about it. Yeah, I think it's worth we'll think about it. I think it's worth it

3237
04:26:14,720 --> 04:26:21,960
All right, so okay resolutions been introduced or we what happens next? We saw some other people got out this talk guys. So by smair

3238
04:26:21,960 --> 04:26:23,820
Do you have any thoughts on this

3239
04:26:26,180 --> 04:26:28,440
So as everybody also said I think the

3240
04:26:29,320 --> 04:26:35,440
Open container has got to go that's that's been an absolute disaster for the area. I think it's got to go

3241
04:26:36,240 --> 04:26:38,740
I'm not persuaded on a couple of things

3242
04:26:38,740 --> 04:26:44,240
I'm not persuaded that reducing the hours is going to be the catastrophic financial collapse

3243
04:26:44,240 --> 04:26:49,320
of the entire district that everybody is suggesting it is, and I'm also not convinced

3244
04:26:49,320 --> 04:26:54,900
that simply getting rid of the open containers is going to somehow lead to magically cleaning

3245
04:26:54,900 --> 04:27:00,300
up the area and changing its perception that this is part essential for all of Broward County.

3246
04:27:00,780 --> 04:27:03,460
That being said, I'm willing to try it.

3247
04:27:03,460 --> 04:27:08,820
So, let's give it six months. We could always revisit this. If this isn't working in six months,

3248
04:27:09,260 --> 04:27:14,480
then I say we we explore cutting back the hours. But I'm willing to give it a shot. I'm skeptical.

3249
04:27:14,820 --> 04:27:18,880
And this is against my better judgment. I'll tell you all that right now. I don't believe it's going to work,

3250
04:27:19,340 --> 04:27:24,940
but I'm willing to try it. Okay. So you, you support the, I would support the ordinance as an

3251
04:27:24,940 --> 04:27:25,840
Okay.

3252
04:27:26,980 --> 04:27:27,840
Pan-Besley, Pitman.

3253
04:27:28,340 --> 04:27:28,360
Yes.

3254
04:27:29,600 --> 04:27:30,180
I'm an agreement.

3255
04:27:30,440 --> 04:27:31,320
I will support.

3256
04:27:31,780 --> 04:27:32,120
It has.

3257
04:27:32,340 --> 04:27:33,500
As it has been amended.

3258
04:27:33,720 --> 04:27:34,820
I don't want to be redundant.

3259
04:27:35,080 --> 04:27:36,040
Everybody said everything.

3260
04:27:37,000 --> 04:27:37,820
And again.

3261
04:27:38,580 --> 04:27:38,960
And support.

3262
04:27:39,380 --> 04:27:39,600
All right.

3263
04:27:40,880 --> 04:27:42,600
Please call the roll.

3264
04:27:45,830 --> 04:27:47,570
So you're turning it just to confirm.

3265
04:27:48,830 --> 04:27:49,250
It's.

3266
04:27:49,270 --> 04:27:54,110
We're introducing it as amended on first reading or are we reading it as we discuss.

3267
04:27:54,110 --> 04:28:01,150
but it the changes will be made within the first and second reading with that yes within between first

3268
04:28:01,150 --> 04:28:07,250
and second reading. Wait wait that's not what the that's not what the commissioner moved.

3269
04:28:07,890 --> 04:28:13,930
So you're saying he says he's the ordinance that he's introducing is the ordinance as state

3270
04:28:13,930 --> 04:28:18,990
and exhibit six less the language that restricts the hours to three p.m.

3271
04:28:18,990 --> 04:28:26,990
So in the title, we would make the change simply striking that, and there's a sentence that we would delete from this between now.

3272
04:28:27,550 --> 04:28:28,790
For a second meeting.

3273
04:28:29,110 --> 04:28:30,610
But that's what you're passing.

3274
04:28:32,070 --> 04:28:32,370
Sorry.

3275
04:28:32,790 --> 04:28:33,510
And let me just clarify.

3276
04:28:34,050 --> 04:28:37,230
So all that's next with this would be a second reading and then approval.

3277
04:28:39,290 --> 04:28:44,790
Yes, but then the additional request to come back in 90 days.

3278
04:28:45,010 --> 04:28:46,470
That would be the following.

3279
04:28:46,470 --> 04:28:48,730
But that's not part of the ordinance.

3280
04:28:48,870 --> 04:28:49,590
That's not part of that.

3281
04:28:49,610 --> 04:28:53,510
That's just a request by the commission that rules be promulgated.

3282
04:28:53,990 --> 04:29:00,590
That will, that can be presented to the commission to either approve or not approve as far as.

3283
04:29:01,270 --> 04:29:09,950
As far as allowing these these particular businesses that feel that they're in the in the entertainment district that are currently not.

3284
04:29:10,290 --> 04:29:16,450
We sort of putting that on hold before we do a full enforcement of that and we want you to come back with the 90 days.

3285
04:29:16,450 --> 04:29:21,170
to allow these folks to be able to comply as the ordinance requires.

3286
04:29:21,630 --> 04:29:27,870
And just for clarity, that would still be within the boundaries of the existing special entertainment districts.

3287
04:29:29,330 --> 04:29:39,170
And again, this, the no open container, no alcohol sales on the street applies to all special entertainment districts across the city.

3288
04:29:39,910 --> 04:29:40,150
Correct.

3289
04:29:40,870 --> 04:29:41,070
Great.

3290
04:29:42,230 --> 04:29:42,730
Thank you.

3291
04:29:43,290 --> 04:29:44,130
Please call the road.

3292
04:29:44,650 --> 04:29:45,230
Is that clear?

3293
04:29:47,410 --> 04:29:59,970
in order to the city for a lot of Florida men in chapter five alcoholic beverages section 5-29 article to license establishments and article 3 special entertainment overlay district of the city for a lot of Florida code of ordinances to amend how

3294
04:30:00,000 --> 04:30:24,800
All the permitted, sale, consumption and service of alcoholic beverages and off-premises of alcohol consumption are regulated in special entertainment. Over late districts providing for severability, repeal of conflicting ordinance provisions, codification and correction of scrubbers, theirs and for an effective date. Vice Mayor Hurst, Commissioner Claaswin? Yes. Mr. Beesley Piven? Yes. Mr. Sorenson? Yes, Mayor Chantals. Yes, and the ordinance is approved after us reading. Thank you, folks for being here.

3295
04:30:37,120 --> 04:30:41,820
Okay, folks, we gotta keep the meeting going, so please thank you.

3296
04:30:42,040 --> 04:30:48,600
Okay, moving on to M1 motion approving agreement for invitation to bid holiday park improvements.

3297
04:30:51,890 --> 04:30:53,850
Hey folks, we still doing business here.

3298
04:30:55,230 --> 04:30:56,710
We're not done yet.

3299
04:31:00,480 --> 04:31:02,580
Oh, I'm sorry. Yes, you're right.

3300
04:31:04,020 --> 04:31:07,340
Let me just do this one thing and then we'll move to that. Thanks for reminding me.

3301
04:31:12,100 --> 04:31:14,600
I folks, we need to get on with our meeting.

3302
04:31:15,560 --> 04:31:18,740
Folks, keep it down with someone like to introduce the motion.

3303
04:31:19,280 --> 04:31:21,340
Introduce. Okay, someone like the second it.

3304
04:31:22,340 --> 04:31:25,300
Second, to move in the second did any questions.

3305
04:31:26,520 --> 04:31:32,060
I just hope we can get the, uh, I just hope we can get the playground built someday and holiday park.

3306
04:31:32,360 --> 04:31:33,240
We will, Mayor.

3307
04:31:33,880 --> 04:31:34,920
Thank you, Rick.

3308
04:31:37,720 --> 04:31:38,360
Please call the roll.

3309
04:31:39,460 --> 04:31:45,220
Vice Mayor Hurks, Commissioner Glassman. Yes, Mr. Beesley Goodman. Yes, Mr. Sorenson. Yes,

3310
04:31:45,260 --> 04:31:52,700
Mayor Trentals. Yes, an M1 is now approved. I want to skip to the Quasite Judicial

3311
04:31:52,700 --> 04:31:56,800
Hearing. This is on,

3312
04:32:00,140 --> 04:32:05,280
which one is this? There's two. R3 or R4. R4, Quasite Judicial

3313
04:32:05,280 --> 04:32:10,420
Appeal. All right, the final order, the Board of Justice, regarding Case number PLN BOA,

3314
04:32:10,420 --> 04:32:23,300
24, 4, 0, 0, 1, cat, K-Lane, anyone wishing to speak must be sworn in, the commission will announce any site visits, communications, or experts, opinions received and make them a part of the record.

3315
04:32:23,940 --> 04:32:25,820
Vice-married, do you have any disclosures?

3316
04:32:27,760 --> 04:32:27,940
No.

3317
04:32:29,940 --> 04:32:31,100
Commissioner Beesley-Pitman.

3318
04:32:31,380 --> 04:32:32,040
Not as closures.

3319
04:32:32,160 --> 04:32:33,200
I have none.

3320
04:32:33,860 --> 04:32:35,080
The commissioner, last minute.

3321
04:32:35,800 --> 04:32:36,460
Any commissioner, sorry?

3322
04:32:36,600 --> 04:32:36,880
Yes.

3323
04:32:45,540 --> 04:32:47,940
I have an announcement to read.

3324
04:32:53,940 --> 04:32:54,580
Okay.

3325
04:32:55,940 --> 04:32:58,900
This is an appeal filed in accordance with sections,

3326
04:32:59,400 --> 04:33:02,640
47 dash, 24.1, 47 dash, 24.

3327
04:33:03,600 --> 04:33:06,700
12 and 47 dash, 26 b.

3328
04:33:07,000 --> 04:33:08,880
One of the ULDR.

3329
04:33:09,080 --> 04:33:13,420
As a result of the Board of Adjustment entering a final order denying a variance application

3330
04:33:13,420 --> 04:33:18,120
for case number PLN BOA 2404001.

3331
04:33:21,020 --> 04:33:25,820
By the way, this case number is different than the one that's on the agenda.

3332
04:33:27,480 --> 04:33:36,160
A single-family residence located at 2436 Kat Kay Lane for Lauderdale Florida, seeking variances to allow a shed to remain as built,

3333
04:33:36,680 --> 04:33:40,440
encroaching on the side and rear yard setbacks.

3334
04:33:40,440 --> 04:33:53,800
The petitioners are Mario and Elena Attach tackard, Section 47-26b.1 of ULDR provides the following.

3335
04:33:54,420 --> 04:34:02,400
If an appeal is filed from a Board of Adjustment Decision, the City Commission shall hold a public meeting on the record and shall determine if,

3336
04:34:02,640 --> 04:34:07,500
and we have two, one of two standards have to be determined whether or not we want to hear the appeal.

3337
04:34:07,500 --> 04:34:13,800
Number one, there is the departure from the essential requirements of law and the proceedings appeal

3338
04:34:13,800 --> 04:34:19,500
or two, competence, substantial evidence does not exist to support the decision.

3339
04:34:20,100 --> 04:34:25,140
If the city determines that there was not a departure that there was not a departure

3340
04:34:25,140 --> 04:34:30,700
from the essential requirements of law or that competence, substantial evidence does exist

3341
04:34:30,700 --> 04:34:35,740
to support the decision, then the decision will be upheld through the adoption of a resolution

3342
04:34:35,740 --> 04:34:38,720
upholding the Board of Adjustments final order of denial.

3343
04:34:39,440 --> 04:34:43,580
If the City Commission finds that either there was a departure from the essential requirements

3344
04:34:43,580 --> 04:34:49,620
of law in the proceedings, or that there is competent, substantial evidence does not exist

3345
04:34:49,620 --> 04:34:54,860
to support that decision, then the City Commission shall adopt the resolution setting a

3346
04:34:54,860 --> 04:34:55,780
denovo hearing.

3347
04:34:55,780 --> 04:34:59,920
In accordance with section 74-26b.1

3348
04:35:00,000 --> 04:35:15,800
Of the ULDR, the denovable hearing shall set a date for denovable hearing no later than 60 days from today. At that denovable hearing, the city commission will either reject the decision of the Board of Adjustment, approve the decision or amend the decision of the Board of Adjustment.

3349
04:35:16,420 --> 04:35:22,840
The city commission will first hear from the applicants followed by outside council representing the Board of Adjustment and then public comments.

3350
04:35:27,680 --> 04:35:31,240
So I invite the applicant to now come forward to present its appeal at this time.

3351
04:35:41,510 --> 04:35:43,330
Thank you, Mayor and commissioners.

3352
04:35:43,350 --> 04:35:45,090
Ellen Bogd and offer presenting the tasers.

3353
04:35:45,730 --> 04:35:46,910
I'll try to make this brief.

3354
04:35:47,250 --> 04:35:54,530
We do believe that they did not have competent substantial evidence to deny the variance.

3355
04:35:54,530 --> 04:35:57,210
And I just, I don't know, there were four variances.

3356
04:35:57,870 --> 04:35:59,670
Three were in the second meeting in November.

3357
04:36:00,270 --> 04:36:02,870
And those were all related to the shed itself.

3358
04:36:03,450 --> 04:36:06,730
The shed was installed in 2013.

3359
04:36:07,210 --> 04:36:09,070
Did they install the shed?

3360
04:36:09,370 --> 04:36:10,330
It was there when they bought it.

3361
04:36:10,330 --> 04:36:17,850
was the previous owner. There was some alterations to the application on the permit, but the

3362
04:36:17,850 --> 04:36:24,010
shed never changed. We have pictures. It was always a 10 by 20. The application shows 10 by 10,

3363
04:36:24,130 --> 04:36:28,390
but it's all irrelevant because at the end of the day they didn't build it and the city closed

3364
04:36:28,390 --> 04:36:34,150
out the permit. During the Board of Adjustment hearing, there was an admission by staff that for whatever

3365
04:36:34,150 --> 04:36:40,230
reason and they couldn't really determine why the permit was closed out. So when they did their

3366
04:36:40,230 --> 04:36:47,050
home. They saw there was a permit and the permit was approved. It was approved. It was approved.

3367
04:36:47,050 --> 04:36:52,550
Right. The shed was approved. What exactly is the is the is the variance that they're

3368
04:36:52,550 --> 04:37:01,270
seeking? So more specifically they are just looking for. It's 1.1 feet. It's 0.5 feet and

3369
04:37:01,270 --> 04:37:07,990
three feet. So is this with relation to the next door neighbor's property? Yeah, it's to the back.

3370
04:37:07,990 --> 04:37:13,690
It's to the next door neighbor, and it's also to the structure of the actual house.

3371
04:37:13,890 --> 04:37:16,590
It's the house is too close to the shed itself.

3372
04:37:17,030 --> 04:37:19,750
There was a neighbor who came and testified in the first hearing,

3373
04:37:20,150 --> 04:37:22,310
who is on the other side, and he says he has no problem.

3374
04:37:22,330 --> 04:37:25,370
It's existed there for years, and nobody's ever complained about it.

3375
04:37:25,570 --> 04:37:27,510
So who filed the complaint?

3376
04:37:29,610 --> 04:37:33,490
Basically what we, okay, so they altered their carport.

3377
04:37:33,630 --> 04:37:37,970
They put up two walls. They didn't change any of the electric or anything like

3378
04:37:37,970 --> 04:37:41,350
that they put up two walls to kind of create a little bit more storage.

3379
04:37:41,690 --> 04:37:46,110
I guess somebody saw them doing it, filed the complaint, when code enforcement came out

3380
04:37:46,110 --> 04:37:50,730
from what I understand, they found the shed and they went for an after-the-fact permit

3381
04:37:50,730 --> 04:37:54,130
didn't realize they need one just to put up walls, they went for an after-the-fact permit,

3382
04:37:54,230 --> 04:37:59,150
and the permit was stalled because of all of the other things that they had.

3383
04:37:59,430 --> 04:38:06,410
They also determined that the carport, the setback was incorrect there as well, but that house

3384
04:38:06,410 --> 04:38:11,050
existence in 1955 in the footprint has not changed and that was the other variants and I don't

3385
04:38:11,050 --> 04:38:16,870
know if it's necessarily included in this Lenovo hearing, but they removed it in the second hearing

3386
04:38:16,870 --> 04:38:21,880
because the Board of Adjustment was extremely confused as to what they were voting on the first time

3387
04:38:22,710 --> 04:38:26,950
as to whether or not all the ordinances were together or whether or not they were separate

3388
04:38:26,950 --> 04:38:34,130
and the minutes were changed. If you read, if you go back and you look at the actual video,

3389
04:38:34,810 --> 04:38:41,290
It was our position that they actually voted to pass all of the ordinances, and then staff basically said to them,

3390
04:38:41,550 --> 04:38:44,750
no, that was just to simply separate the ordinances.

3391
04:38:45,610 --> 04:38:47,430
So it was somewhat confusing.

3392
04:38:47,970 --> 04:38:50,930
So they ended up with an extra neighbor who was not the complaining party.

3393
04:38:51,310 --> 04:38:52,470
We're not sure who complained.

3394
04:38:53,030 --> 04:38:58,830
Well, the law says you have to disclose who the complainant is.

3395
04:38:59,030 --> 04:39:01,510
I don't think that they were ever told who the complaint was.

3396
04:39:01,510 --> 04:39:03,150
And I don't think they did a public rest record.

3397
04:39:03,150 --> 04:39:03,990
Richard, I find that.

3398
04:39:03,990 --> 04:39:04,330
I find that.

3399
04:39:04,370 --> 04:39:07,070
The neighbor is you have, you have.

3400
04:39:07,070 --> 04:39:07,110
You have.

3401
04:39:07,690 --> 04:39:09,610
They testified and they had no problem with it.

3402
04:39:09,610 --> 04:39:10,730
They had no problem with it.

3403
04:39:10,890 --> 04:39:12,870
So who's the agreed party here?

3404
04:39:14,210 --> 04:39:18,970
The city, if the city approved it with the permit, the neighbor doesn't have a problem with

3405
04:39:18,970 --> 04:39:19,050
it.

3406
04:39:19,050 --> 04:39:20,450
Who's the agreed party?

3407
04:39:20,670 --> 04:39:25,790
My clients, you know, $85,000 in fines for, no, but I'm very interested.

3408
04:39:25,790 --> 04:39:26,390
There is none.

3409
04:39:26,530 --> 04:39:26,870
There is none.

3410
04:39:27,330 --> 04:39:29,970
No, there's nobody that seems to care.

3411
04:39:31,090 --> 04:39:35,990
they basically have, one of the reasons they were attracted to the home was because it had

3412
04:39:35,990 --> 04:39:40,350
this large shed because it's a relatively small home and they needed extra storage and it

3413
04:39:40,350 --> 04:39:41,110
was complete storage.

3414
04:39:41,470 --> 04:39:45,790
Actually, they ended up the previous owner actually put I think electric and other stuff in it

3415
04:39:45,790 --> 04:39:51,350
to make it a livable and when code came out, they were asked to rip it all out and they ripped

3416
04:39:51,350 --> 04:39:53,110
it all out and just used it for storage.

3417
04:39:53,370 --> 04:39:57,110
So they tried to accommodate every stuff that they anchored in the ground which is why it can't

3418
04:39:57,110 --> 04:39:57,630
be moved.

3419
04:39:58,070 --> 04:39:58,150
Yes.

3420
04:39:58,150 --> 04:39:59,970
It's huge, it would have to be dismantled.

3421
04:40:00,000 --> 04:40:04,460
It would be very expensive Ukraine. We probably have to take it out. They're on the water.

3422
04:40:04,780 --> 04:40:13,560
Mayor, just for your awareness, the neighborhood associations and surrounding associations, which are very vocal and very passionate.

3423
04:40:14,220 --> 04:40:20,280
A lot of else in surrounding have expressed no concerns with this to me at all.

3424
04:40:21,160 --> 04:40:25,980
Okay. All right, so let's hear from our people. Let's hear from Salina.

3425
04:40:29,370 --> 04:40:29,930
Good evening.

3426
04:40:31,210 --> 04:40:35,570
Good evening, Mayor, Vice Mayor Commissioners.

3427
04:40:35,950 --> 04:40:38,270
Sunni Nick Gibson on behalf of the Board of Adjustments.

3428
04:40:38,790 --> 04:40:47,810
What we're here on today is a quasi-judicial appeal to see whether or not two things happened.

3429
04:40:48,390 --> 04:40:59,210
Whether there was a departure from the essential requirements of the law in the proceedings appealed or whether there was competent substantial evidence to support the decision of the Board of Adjustments.

3430
04:40:59,210 --> 04:41:07,010
It did determine that there was no departure, as Sermere has already said, if there's no departure

3431
04:41:07,010 --> 04:41:12,350
and they had competence in some central evidence, then the ruling of the board must be

3432
04:41:12,350 --> 04:41:12,930
of help.

3433
04:41:13,790 --> 04:41:17,990
On the first prong when we analyze this case, we look at the departure from the essential

3434
04:41:17,990 --> 04:41:18,950
requirements of the law.

3435
04:41:19,510 --> 04:41:25,750
Here the board followed the review process exactly as set forth in section 47-24.12.

3436
04:41:25,750 --> 04:41:30,330
The application was properly filed, noticed, and heard at a public hearing.

3437
04:41:30,950 --> 04:41:35,790
At the July time of 2024 hearing, the practitioners were sworn allowed to present evidence

3438
04:41:35,790 --> 04:41:39,890
and allowed to argue their case and the board deliberated and voted.

3439
04:41:40,430 --> 04:41:45,630
And what was alluded to is that there was some confusion as to what the board was voting on

3440
04:41:45,630 --> 04:41:52,490
and the clerk asked to clarify that the voting was to consolidate all four variances

3441
04:41:52,490 --> 04:41:55,750
and to one vote instead of voting on the variances separately.

3442
04:41:56,450 --> 04:41:58,650
That passed 0 to 7.

3443
04:41:59,410 --> 04:42:04,130
After that vote, they then voted on the four variances in one.

3444
04:42:04,450 --> 04:42:05,850
That vote failed.

3445
04:42:06,590 --> 04:42:09,830
Now, I understand there might have been some confusion as to what was happening.

3446
04:42:10,230 --> 04:42:13,890
But that would have easily been rectified by that second vote.

3447
04:42:14,010 --> 04:42:19,550
Because on that second vote, everyone in the commission was clear that they were voting on all the variances.

3448
04:42:19,550 --> 04:42:22,070
and that one did not pass.

3449
04:42:23,250 --> 04:42:26,230
After that happened when the denial is issued,

3450
04:42:26,830 --> 04:42:30,030
the petitioners then went back and they did an appeal process.

3451
04:42:30,290 --> 04:42:32,070
They invoked and requested a re-haring.

3452
04:42:32,650 --> 04:42:36,870
The board then had a separate public hearing on that request for re-haring.

3453
04:42:37,150 --> 04:42:42,310
And at that re-haring, they determined that because it may have been an error

3454
04:42:42,310 --> 04:42:46,850
to consider all four applications at once and because there were new photographs

3455
04:42:46,850 --> 04:42:52,750
of the shed that were not presented at the first hearing, they unanimously granted a second hearing.

3456
04:42:54,070 --> 04:43:01,290
At this second hearing, which now in total is three hearings regarding this shed, they then did the exact same thing,

3457
04:43:01,350 --> 04:43:07,890
but now they had a vote. So evidence was presented, the arguments were made, and then there was a vote on this issue.

3458
04:43:08,410 --> 04:43:12,850
So at that hearing on November 13, 2024, there was a full hearing on the merits.

3459
04:43:13,110 --> 04:43:15,750
They considered the evidence again, and then they voted again.

3460
04:43:15,750 --> 04:43:20,110
At this hearing, they separated it and had two votes.

3461
04:43:20,350 --> 04:43:24,290
One and one variance and one and two variance is both of those failed.

3462
04:43:25,070 --> 04:43:30,930
The first one, three to two, and as we know in order to pass it must be a majority plus one,

3463
04:43:31,290 --> 04:43:33,190
that did not happen, and therefore it failed.

3464
04:43:33,910 --> 04:43:36,490
The second variance is failed zero to five.

3465
04:43:38,130 --> 04:43:45,730
After that re-haring, we now have this appeal process throughout what the board has done in those

3466
04:43:45,730 --> 04:43:49,430
three hearings is comply with the requirements of law.

3467
04:43:49,610 --> 04:43:51,850
We cannot say that there was any departure form,

3468
04:43:52,210 --> 04:43:53,290
the central requirements of law,

3469
04:43:53,290 --> 04:43:54,570
because they followed everything.

3470
04:43:54,870 --> 04:43:56,290
They listened to all the evidence,

3471
04:43:56,850 --> 04:43:59,030
and they went forward.

3472
04:43:59,310 --> 04:44:03,390
What does it standard that the Board of Adjustment

3473
04:44:03,390 --> 04:44:07,210
must follow in determining the basis for a variance?

3474
04:44:08,090 --> 04:44:11,010
So which I guess ties into my second prong

3475
04:44:11,010 --> 04:44:16,850
is that they're looking at what was presented.

3476
04:44:17,690 --> 04:44:22,250
So their burden is on the applicant to prove entitlement

3477
04:44:22,250 --> 04:44:25,030
to a variance by a preponderance of the evidence.

3478
04:44:25,370 --> 04:44:26,310
Well, that's the evidence.

3479
04:44:26,510 --> 04:44:29,270
But what is the requirement?

3480
04:44:29,450 --> 04:44:34,190
What do they have to show for them to be entitled to a variance?

3481
04:44:34,670 --> 04:44:38,170
To be entitled for a variance, we have that in section.

3482
04:44:40,160 --> 04:44:50,200
this section 47-24.12 section 4, which lists the criteria for a variance and it says a variance

3483
04:44:50,200 --> 04:44:57,320
from the terms of the UDLR shall be granted only upon demonstrating a unique hardship attributable

3484
04:44:57,320 --> 04:44:59,980
to the land by proving by proponents of the evidence.

3485
04:45:00,000 --> 04:45:13,660
And then it lists five different following here. And the one that's important in this case is section D that says that the unique hardship is not self-created by the applicant or his predecessors.

3486
04:45:14,040 --> 04:45:21,900
Nor is it a result of mere disregard for ignorance of the provisions of the UDLR or antecedent zoning regulations.

3487
04:45:22,300 --> 04:45:28,640
What we have here is that that shed was put in albeit by the predecessors that is covered by this section.

3488
04:45:28,640 --> 04:45:37,640
So, isn't there something in our statutes and our ordinances that grandfather in certain things?

3489
04:45:37,640 --> 04:45:45,940
Isn't there a period of time that if it was done after a certain period of time that it sort of grandfathered in?

3490
04:45:46,000 --> 04:45:48,980
Wasn't there like a limitation of years?

3491
04:45:49,860 --> 04:45:52,200
I always thought that we had that in our ordinances.

3492
04:45:52,200 --> 04:45:59,540
because I had, I had a client once that something was done like 10 years before he bought

3493
04:45:59,540 --> 04:46:05,540
the house and I thought that we changed the ordinance to say that you had, it was only like

3494
04:46:05,540 --> 04:46:12,440
a year or two that the city could look back and anything beyond that the city could not

3495
04:46:12,440 --> 04:46:14,800
look back. Anthony, do you know what I'm talking about?

3496
04:46:15,380 --> 04:46:19,540
Good evening Mayor, commission, Anthony, for Heart of Development Services Director. There

3497
04:46:19,540 --> 04:46:25,080
There's nothing in our ordinance that effectively grandfathers in something that was done either

3498
04:46:25,080 --> 04:46:27,080
in error or unintentionally.

3499
04:46:27,580 --> 04:46:31,960
There may be some legal precedent that has to do with court cases that might talk to that,

3500
04:46:32,080 --> 04:46:34,180
but that's outside of what our ordinance would stipulate.

3501
04:46:34,380 --> 04:46:35,760
We don't have anything in there for grandfathers.

3502
04:46:35,860 --> 04:46:43,280
So if the house was built in 1947 and it encroached on the setback, we would require

3503
04:46:43,280 --> 04:46:44,900
them to tear down the house.

3504
04:46:46,150 --> 04:46:51,270
It could get to that. We don't really want to do that.

3505
04:46:51,350 --> 04:46:54,610
No, we don't. We should change our laws.

3506
04:46:55,250 --> 04:46:59,670
Well, and typically speaking, especially so in the issues of permit.

3507
04:47:00,250 --> 04:47:05,630
And in these situations where you don't have the full story in the full picture of what happened in the past,

3508
04:47:05,750 --> 04:47:08,630
it's hard to determine whether or not it wasn't actual error or not.

3509
04:47:08,770 --> 04:47:11,890
So we could really look at that and how we handle those situations.

3510
04:47:11,890 --> 04:47:15,770
But as far as the grandfather in question, there is nothing in our witness at us.

3511
04:47:16,350 --> 04:47:17,330
Any day?

3512
04:47:17,470 --> 04:47:22,530
And the A just so my understanding, a permit was issued for the shed.

3513
04:47:22,970 --> 04:47:23,170
Yes.

3514
04:47:24,150 --> 04:47:25,570
After the shed was built?

3515
04:47:25,830 --> 04:47:28,710
No, I believe the permit was issued prior to the shed being considered.

3516
04:47:28,890 --> 04:47:31,230
They go ten by ten on the permit after.

3517
04:47:31,950 --> 04:47:36,310
So, previous owners went to the city, we wanted to build the shed.

3518
04:47:36,370 --> 04:47:38,230
City gave a permit.

3519
04:47:39,450 --> 04:47:40,390
The shed was built.

3520
04:47:40,390 --> 04:47:42,990
The permit was then closed,

3521
04:47:45,130 --> 04:47:55,090
and a closed permit in my understanding means, in effect, approved, you did what you said you were going to do, isn't that the, in effect, a closing of a permit?

3522
04:47:55,270 --> 04:48:04,050
I think one should assume that if they've gone to the city and submitted a permit and got a permit, it was issued, inspected, and then closed, that's exactly what you have a fence built or something.

3523
04:48:04,050 --> 04:48:10,230
And we had a document, aren't we a stop then from trying to enforce the law at that point?

3524
04:48:12,380 --> 04:48:18,300
So, in this case, what we have is someone applied for a 10 by 10 and built a 10 by 20.

3525
04:48:18,600 --> 04:48:24,800
And then somehow the city was not recognized that it was a 10 by 20 instead of a 10 by 10

3526
04:48:24,800 --> 04:48:26,140
when they were closing out the permit.

3527
04:48:26,380 --> 04:48:31,960
I'm not sure what happened or how that happened on the cities and as I can't speak to

3528
04:48:31,960 --> 04:48:35,500
that, I would have to look further into that to see whether or not this would be a stop.

3529
04:48:35,500 --> 04:48:39,820
Is the extra 10 feet the cause of the encroachment?

3530
04:48:40,580 --> 04:48:40,980
Yes.

3531
04:48:44,010 --> 04:48:50,210
I don't know that I could say it definitely is, but it definitely, the shed is in the wrong location.

3532
04:48:50,530 --> 04:48:53,570
So wherever the 10 feet is, it might not even matter because there's definitely,

3533
04:48:53,570 --> 04:48:54,070
that's too close.

3534
04:48:54,090 --> 04:48:54,810
That's I'm saying.

3535
04:48:55,530 --> 04:48:59,710
If the first 10 feet aren't, is the cause of the encroachment,

3536
04:48:59,830 --> 04:49:02,010
then the second 10 feet is just going to follow suit.

3537
04:49:02,870 --> 04:49:04,310
I think that's a logical turn of thought.

3538
04:49:04,310 --> 04:49:12,070
The issue, the other issue here is that in this particular zoning district, there's not just a setback issue, there's also a separation issue between buildings.

3539
04:49:12,350 --> 04:49:17,130
And I believe that was something that was addressed through the Board of Adjustment Action.

3540
04:49:18,630 --> 04:49:23,830
But so this is an atypical location in the city. We don't really have those types of restrictions elsewhere.

3541
04:49:25,490 --> 04:49:48,030
And so, Mayor, it's like an exposed fact, though, kind of piece here, and I think the unique hardship on the homeowner is the fact that in their due diligence in purchasing the property most likely, they do not see any open permits due to the city closing the permit.

3542
04:49:48,030 --> 04:49:53,390
And so it's a unfair expectation to have

3543
04:49:53,390 --> 04:49:59,070
in close the permit to now say, well, you didn't realize this and we error it as a city.

3544
04:49:59,710 --> 04:49:59,970
So...

3545
04:50:00,000 --> 04:50:04,200
I think that is the unique hardship that was not adequately considered by the Board of

3546
04:50:04,200 --> 04:50:05,200
Adjustment.

3547
04:50:08,160 --> 04:50:08,960
We can't think.

3548
04:50:09,500 --> 04:50:13,660
So, you're, I understand Commissioner Storenson's point of view and I understand the

3549
04:50:13,660 --> 04:50:17,860
petition is point of view but what we're here for is this appeal and then there are

3550
04:50:17,860 --> 04:50:22,420
two things that we're following under the law whether or not they departed from the essential

3551
04:50:22,420 --> 04:50:27,800
requirements of the law and whether or not their decision was supported by competent, substantial

3552
04:50:27,800 --> 04:50:28,300
evidence.

3553
04:50:28,300 --> 04:50:35,600
All of this was presented to the board and they had a lengthy discussion as we can see it it was voted on three to two

3554
04:50:35,600 --> 04:50:40,760
It just didn't have the plus one majority. So the board put through a thoughtful process

3555
04:50:40,760 --> 04:50:44,000
Going through what was said and what has been done in this area

3556
04:50:44,000 --> 04:50:47,680
Comedance of central evidence doesn't mean overwhelming evidence. It doesn't mean

3557
04:50:47,680 --> 04:50:54,740
Uncontested evidence. It means that a reasonable decision make a could rely upon the evidence that was presented before them

3558
04:50:54,740 --> 04:51:00,000
And what we're here to date to look is whether or not enough evidence was put before them

3559
04:51:00,000 --> 04:51:03,960
that a reasonable decision make a could have relied upon that.

3560
04:51:04,380 --> 04:51:08,320
And that is what happened at the board of a justice in the three different meetings that they had.

3561
04:51:09,360 --> 04:51:11,760
So I'll put up make a finer point on this.

3562
04:51:12,140 --> 04:51:19,100
So I think it was a departure and I would like to introduce a resolution approving this structure

3563
04:51:19,660 --> 04:51:20,400
and approving.

3564
04:51:20,420 --> 04:51:21,920
Well, look into a question.

3565
04:51:21,920 --> 04:51:32,940
What you want to do is you want to make a motion to determine number one that there was a departure from the essential requirements of law and that you wanted to know over here.

3566
04:51:33,700 --> 04:51:35,340
Mayor, we also need to extend the meeting.

3567
04:51:37,140 --> 04:51:39,060
Motion next and midnight.

3568
04:51:40,020 --> 04:51:41,100
Wait, it's only 11.30.

3569
04:51:41,580 --> 04:51:42,900
We extended it to 12.

3570
04:51:43,920 --> 04:51:44,660
I said 11.30.

3571
04:51:44,660 --> 04:51:45,500
Oh, you said 11.30?

3572
04:51:46,080 --> 04:51:46,160
Yeah.

3573
04:51:46,160 --> 04:51:46,760
I'm sorry.

3574
04:51:48,260 --> 04:51:51,760
I mean, you didn't really listen to what he said.

3575
04:51:52,600 --> 04:51:53,220
I apologize.

3576
04:51:53,940 --> 04:51:54,400
Yeah, sure.

3577
04:51:54,560 --> 04:51:56,780
It happens a lot, action.

3578
04:51:58,380 --> 04:51:59,280
There you make a second.

3579
04:51:59,940 --> 04:52:00,720
I would love to set.

3580
04:52:00,940 --> 04:52:01,600
Yes, but I can.

3581
04:52:01,940 --> 04:52:03,380
Is it up, but I actually.

3582
04:52:03,920 --> 04:52:04,660
I actually.

3583
04:52:05,040 --> 04:52:05,860
I actually.

3584
04:52:05,920 --> 04:52:06,260
I actually.

3585
04:52:06,260 --> 04:52:07,560
I see more of beating.

3586
04:52:07,960 --> 04:52:08,560
I, I don't know why.

3587
04:52:08,900 --> 04:52:09,360
I just send the meeting.

3588
04:52:09,520 --> 04:52:10,360
I just, oh, I'm sorry.

3589
04:52:10,380 --> 04:52:10,900
That's second.

3590
04:52:11,280 --> 04:52:11,360
Yes.

3591
04:52:11,820 --> 04:52:12,080
Second.

3592
04:52:12,360 --> 04:52:14,260
Please call the roll.

3593
04:52:14,260 --> 04:52:16,680
Vice Mayor Hurks, Mr. Glassman,

3594
04:52:17,060 --> 04:52:18,020
yeah, Mr. Beesley Pippman,

3595
04:52:18,460 --> 04:52:19,000
Commissioner Sortson?

3596
04:52:19,340 --> 04:52:20,040
Yeah, sir, Tantals.

3597
04:52:20,520 --> 04:52:22,080
Yes, and we're sentenced to midday.

3598
04:52:22,160 --> 04:52:23,040
Please go on, thank you.

3599
04:52:23,320 --> 04:52:24,740
Now, I actually see it more

3600
04:52:24,740 --> 04:52:26,600
of the confidence substantial evidence

3601
04:52:26,600 --> 04:52:29,000
does not exist to support the decisions I,

3602
04:52:29,180 --> 04:52:32,480
but I'm okay with A, but I think B fits

3603
04:52:32,480 --> 04:52:35,240
to your better than A, but again.

3604
04:52:35,880 --> 04:52:37,920
Yeah, I think I kind of agree with you.

3605
04:52:38,320 --> 04:52:39,340
Maybe then you could,

3606
04:52:39,580 --> 04:52:40,260
competent substantial.

3607
04:52:40,400 --> 04:52:42,080
I think there's insufficient evidence

3608
04:52:42,080 --> 04:52:43,180
to support the decision

3609
04:52:43,180 --> 04:52:48,400
of the Board of Adjustment, especially since the evidence presented by the preponderance of

3610
04:52:48,400 --> 04:52:57,440
the applicant is that they relied on the city's building permit, and they relied on, I think

3611
04:52:57,440 --> 04:53:05,200
there's a certain expectation that a person has, that the city has given us approval, but

3612
04:53:05,200 --> 04:53:10,000
you know, as a lawyer I've always been taught, never let the law get in the way of doing

3613
04:53:10,000 --> 04:53:16,600
the right thing. And so one way or the other, we need to come up with a basis, either one

3614
04:53:16,600 --> 04:53:23,180
is sufficient or both. You can, you can, you can do both. And then at the, you know,

3615
04:53:23,320 --> 04:53:28,060
we're hearing, we can make our final decision. We don't need to have one or the other, right?

3616
04:53:28,440 --> 04:53:35,240
This is one or the other. Okay. All right. I'm just, I thought we had two options.

3617
04:53:35,240 --> 04:53:42,140
is it's a departure from the central requirements of the law or thus the Board of

3618
04:53:42,140 --> 04:53:48,140
Adjustment aired, right, or competence of substantial evidence exists to support

3619
04:53:48,140 --> 04:53:51,800
the Board of Adjustment. So they did the right thing. You're saying the Board of

3620
04:53:51,800 --> 04:53:56,760
Adjustment did the right thing? Well, no, they actually voted three to two, but

3621
04:53:56,760 --> 04:54:03,180
that wasn't enough of a majority. I can't say that they aired in letter A. I can't

3622
04:54:03,180 --> 04:54:08,460
that they didn't follow their essential requirements of the law, because they actually did,

3623
04:54:08,620 --> 04:54:14,060
but it just wasn't enough of a majority, correct me if I'm wrong. But that's why I lean

3624
04:54:14,060 --> 04:54:20,500
towards B, but he's, I think, I think for a man is more correctly, because the law is

3625
04:54:20,500 --> 04:54:27,120
that a building permit should be sufficient evidence to show the correctness of an action

3626
04:54:27,120 --> 04:54:32,240
taken. So the Board of Adjustment, and members of the Board of Adjustment should have given

3627
04:54:32,240 --> 04:54:38,840
proper weight to that, and they fail to comply, they fail to comply with the essential requirements.

3628
04:54:39,040 --> 04:54:43,300
I find with that, I mean, eventually we're going to be setting a denobo hearing, right?

3629
04:54:43,560 --> 04:54:45,800
So I'm fine, whatever you guys want to do with that.

3630
04:54:46,240 --> 04:54:49,260
I see that point as well, but I just was leaning more towards being.

3631
04:54:49,360 --> 04:54:50,180
Any other comments?

3632
04:54:52,170 --> 04:54:59,970
Where's the thorns and what do you clarify with your resolution to set a donobo here?

3633
04:55:00,980 --> 04:55:08,040
And you'll have to set a date as well within 60 days, but may I get you to clarify your basis? Please? Sure.

3634
04:55:09,200 --> 04:55:12,860
Is it that there was insufficient competence, substantial evidence to support the decision?

3635
04:55:13,480 --> 04:55:15,400
Yes. No, no.

3636
04:55:16,100 --> 04:55:16,780
Hold on.

3637
04:55:17,220 --> 04:55:20,460
That there was a departure from essential requirements of law or proceeding?

3638
04:55:21,380 --> 04:55:29,720
My understanding in city attorney is that's the only option, if I disagree,

3639
04:55:32,290 --> 04:55:32,470
on the

3640
04:55:32,470 --> 04:55:38,970
cam it says, consider rather, along, you said that there was a departure from the

3641
04:55:38,970 --> 04:55:42,750
essential requirements of law, and that was the basis for you wanting to know

3642
04:55:42,750 --> 04:55:45,860
over here, yeah, along.

3643
04:55:47,400 --> 04:55:50,180
It's on the cam, it says,

3644
04:55:52,120 --> 04:56:00,540
for recommended city commission, consider an appeal request and conducts public hearing to determine whether there was a departure from the central requirements of law,

3645
04:56:02,100 --> 04:56:07,380
or whether a competent substantial evidence exists to support the Board of Adjustments denial.

3646
04:56:08,080 --> 04:56:23,120
So, my view is that there was a departure from the essential elements of law, which is the only basis from which you can challenge the Board of Adjustment, finding according to the camp. The camp could be wrong.

3647
04:56:23,120 --> 04:56:26,900
Well, you can have either basis two, two, two, two,

3648
04:56:27,100 --> 04:56:29,400
object to the, we're not supporting the camp.

3649
04:56:29,600 --> 04:56:31,180
That may be the case, but not a corny in the camp.

3650
04:56:31,620 --> 04:56:34,460
I think it's written in the inverse, so yeah, right.

3651
04:56:34,920 --> 04:56:37,420
So you could find that competent substantial evidence

3652
04:56:37,420 --> 04:56:40,180
does not exist, and the inverse of that is to say

3653
04:56:40,180 --> 04:56:41,420
that it did exist.

3654
04:56:42,220 --> 04:56:45,160
So depending on what your actual finding is,

3655
04:56:45,420 --> 04:56:49,560
but honestly, if you believe that your findings are adequate

3656
04:56:49,560 --> 04:56:55,000
that there was a departure from the essential requirements of law, then that may be your basis.

3657
04:56:55,240 --> 04:56:59,760
Okay, so you're saying the can should read or whether a competent substantial evidence exists,

3658
04:57:00,040 --> 04:57:03,020
or does not exist, to support the Board of Adjustments?

3659
04:57:03,100 --> 04:57:04,560
I think it's somewhat semantic.

3660
04:57:05,280 --> 04:57:10,040
Okay, okay, what do you think, City Attorney, what should we, what based on my feedback,

3661
04:57:10,320 --> 04:57:11,000
which one should it be?

3662
04:57:11,160 --> 04:57:17,970
Well, I think you're, I'm thinking you found that there wasn't a substantial competent evidence,

3663
04:57:18,070 --> 04:57:20,590
but I think you need to flesh that out a little more if that's what you're going to say.

3664
04:57:20,590 --> 04:57:22,470
I don't think it's an evidence thing.

3665
04:57:22,590 --> 04:57:24,270
I think it's requirements of law thing.

3666
04:57:24,610 --> 04:57:27,070
If we're going to focus on the building permit.

3667
04:57:27,090 --> 04:57:29,450
The requirements of law, I mean, the process that was,

3668
04:57:29,450 --> 04:57:33,590
the process that was undertaken by the board.

3669
04:57:33,630 --> 04:57:33,970
Correct.

3670
04:57:34,050 --> 04:57:36,110
Because they did not respect the fact

3671
04:57:36,110 --> 04:57:37,490
that there was a building permit.

3672
04:57:37,910 --> 04:57:42,010
So they did not recognize the process

3673
04:57:42,010 --> 04:57:44,470
that the land owner went through

3674
04:57:44,470 --> 04:57:48,070
and therefore denied the application.

3675
04:57:48,070 --> 04:57:51,150
I hear the perhaps word council could respond to that.

3676
04:57:51,230 --> 04:57:55,430
I was going to support the departure from essential requirements of law.

3677
04:57:55,730 --> 04:58:00,690
I don't think it falls under that category because that is if the board did something

3678
04:58:00,690 --> 04:58:01,370
wrong.

3679
04:58:01,630 --> 04:58:06,550
The board did not issue the permit, the board considered the permit as part of the evidence

3680
04:58:06,550 --> 04:58:08,330
that was presented to them.

3681
04:58:08,510 --> 04:58:11,750
So they did not depart from the essential requirements of law.

3682
04:58:11,850 --> 04:58:15,570
They were required to provide a hearing, they provided a hearing, they were required

3683
04:58:15,570 --> 04:58:17,770
to give a re-haring to give a re-haring.

3684
04:58:17,970 --> 04:58:19,890
There were required to go to that.

3685
04:58:19,990 --> 04:58:21,790
Those are things that come under that category.

3686
04:58:22,070 --> 04:58:22,350
Right.

3687
04:58:22,350 --> 04:58:23,090
There required to go then.

3688
04:58:23,210 --> 04:58:24,230
We have to be the other thing.

3689
04:58:24,770 --> 04:58:25,790
There you go.

3690
04:58:26,310 --> 04:58:26,470
Great.

3691
04:58:27,110 --> 04:58:28,490
So, we have you here.

3692
04:58:29,470 --> 04:58:30,510
Requested in over here.

3693
04:58:30,750 --> 04:58:32,770
Nine lawyers, just three of us, just saying.

3694
04:58:34,150 --> 04:58:36,390
They, based on, okay.

3695
04:58:36,810 --> 04:58:37,410
It's all right.

3696
04:58:37,890 --> 04:58:38,510
Follow laws.

3697
04:58:38,690 --> 04:58:38,990
What do you like?

3698
04:58:39,190 --> 04:58:40,190
Well, you have more of a re-haring.

3699
04:58:40,510 --> 04:58:41,130
Not following things.

3700
04:58:41,290 --> 04:58:41,550
Not following things.

3701
04:58:41,570 --> 04:58:42,350
Yeah, exactly.

3702
04:58:43,230 --> 04:58:45,130
Whatever laws you want to follow or not follow.

3703
04:58:45,130 --> 04:58:53,470
Yeah, I've chosen. Okay, so substantial evidence exists to not exist.

3704
04:58:53,470 --> 04:58:57,570
This is not exist. Is the inverse of the substantial evidence to not exist?

3705
04:58:57,690 --> 04:58:58,430
We need to support it.

3706
04:58:58,450 --> 04:58:59,270
You can't say it before.

3707
04:58:59,390 --> 04:59:02,210
That's the way the evidence exists to not support it.

3708
04:59:02,230 --> 04:59:05,510
Well, right. You could, I mean, we can go back and forth.

3709
04:59:05,630 --> 04:59:07,130
That's not how the ordinance is written.

3710
04:59:07,270 --> 04:59:11,170
The ordinance was written that the confidence is potential evidence does not exist to support

3711
04:59:11,170 --> 04:59:14,930
the decision and that's that's the basis for you're wanting a do you know

3712
04:59:14,930 --> 04:59:19,670
over here and okay great that's the I had some that okay that's a motion is that

3713
04:59:19,670 --> 04:59:24,210
by motion yeah and you would also need to set a date six no later than sixty

3714
04:59:24,210 --> 04:59:32,410
date days from now see manager what would be what would be what I don't

3715
04:59:32,410 --> 04:59:36,030
know how your calendars is planned the first meeting in February the second

3716
04:59:36,030 --> 04:59:40,950
meeting in February I think we're probably safer with the second meeting

3717
04:59:43,230 --> 04:59:45,130
That's the 17th, I believe, or something?

3718
04:59:48,610 --> 04:59:50,130
Okay, do I hear a second?

3719
04:59:50,510 --> 04:59:50,910
Second.

3720
04:59:53,390 --> 04:59:54,010
It's a resolution.

3721
04:59:54,550 --> 04:59:55,530
You're introducing the resolution.

3722
04:59:56,410 --> 04:59:57,890
No one else has signed up to speak.

3723
04:59:59,250 --> 04:59:59,970
I need to...

3724
05:00:00,000 --> 05:00:11,980
All right. Do I need to close public hearing by vote? Yes. Okay. Before you introduce the resolution, we'll close public hearing by vote. Do I hear a motion to close public hearing?

3725
05:00:12,240 --> 05:00:19,820
Move to the second. Move to the second. Please call the roll. Vice Mayor Herbst, commissioner glassman? Yes. Mr. Beesley-Bimman? Yes. Commissioner Sorenson? Yes.

3726
05:00:19,820 --> 05:00:26,760
Mayor Trentals. Yes, and public hearing is now closed on our four. The resolutions introduced

3727
05:00:26,760 --> 05:00:32,780
to set a denobled hearing, February 17th, to review the Board of Adjustments final order.

3728
05:00:36,620 --> 05:00:42,900
Based on the lack of competent, substantial evidence on the Board of Adjustments decision.

3729
05:00:43,580 --> 05:00:45,880
Please call the roll. Thank you, Commissioner Sons.

3730
05:00:45,880 --> 05:00:48,960
setting a date mayor, please. I said the day.

3731
05:00:49,140 --> 05:00:50,940
Sorry, sorry. Sorry. Sorry.

3732
05:00:51,040 --> 05:00:53,060
Okay. All right.

3733
05:00:53,240 --> 05:00:55,860
A resolution city commissioner city of Florida, Florida,

3734
05:00:56,000 --> 05:00:58,740
regarding appeal, a final order of the Board of Adjustment,

3735
05:00:58,860 --> 05:01:03,920
regarding case number PLN-BOA-240401.

3736
05:01:04,240 --> 05:01:06,540
Denying the variance requests of applicants, Mario,

3737
05:01:07,120 --> 05:01:09,940
and Yelena Tasher making certain findings and setting a

3738
05:01:09,940 --> 05:01:15,860
denovo hearing to consider the appeal before the city

3739
05:01:15,860 --> 05:01:19,100
providing for defective date by Mayor Herb's.

3740
05:01:20,120 --> 05:01:20,880
Mr. Galasman.

3741
05:01:21,280 --> 05:01:21,380
Yes.

3742
05:01:21,500 --> 05:01:22,400
Mr. Beesley-Pimman.

3743
05:01:22,940 --> 05:01:23,460
Mr. Sornson.

3744
05:01:23,600 --> 05:01:23,820
Yes.

3745
05:01:23,980 --> 05:01:24,600
Mayor Trentals.

3746
05:01:24,840 --> 05:01:25,220
Yes.

3747
05:01:25,540 --> 05:01:30,800
And so to noble hearing will now be heard on February 17th.

3748
05:01:37,130 --> 05:01:43,650
M2 motion approving a service agreement with Ernesto Moranje related to the installation

3749
05:01:43,650 --> 05:01:51,270
of a mural to be applied to the Holiday Park Activity Center, known as sign up to speak.

3750
05:01:51,870 --> 05:01:57,150
anyone have any questions. They're being done. So I'd like to move the item.

3751
05:01:57,250 --> 05:01:59,650
Some of us have been moved. Do I hear second?

3752
05:02:01,820 --> 05:02:03,480
Move the second it. Please call the

3753
05:02:03,480 --> 05:02:07,240
well. Vice Mayor Hurks. Commissioner Glassman. Yes. Mr. Beesley Pippman.

3754
05:02:07,640 --> 05:02:12,800
Commissioner Sourenson. Yes. Mayor Trentals. Yes. On M2 is now approved. M3. Motion

3755
05:02:12,800 --> 05:02:19,140
to approve the award of a ship 2024 2025 program income funds in the amount of

3756
05:02:19,140 --> 05:02:25,560
$180,000, $343,000 to City House Del Ray Beach for the rehabilitation of a property located at

3757
05:02:25,560 --> 05:02:29,660
200-204 Northwest 17th Court.

3758
05:02:30,480 --> 05:02:33,500
Partman's 1-4, a Fort-Lotadale Florida.

3759
05:02:34,080 --> 05:02:35,340
No one is signed up to speak.

3760
05:02:35,980 --> 05:02:37,680
Some of you like to move the item.

3761
05:02:39,420 --> 05:02:39,680
Move.

3762
05:02:42,720 --> 05:02:42,960
Move.

3763
05:02:42,960 --> 05:02:43,040
Move.

3764
05:02:43,420 --> 05:02:44,020
Move.

3765
05:02:47,780 --> 05:02:48,380
Move.

3766
05:02:50,940 --> 05:02:53,980
Do I hear a second?

3767
05:02:54,380 --> 05:02:54,980
Second.

3768
05:02:55,300 --> 05:02:55,820
Second.

3769
05:02:56,080 --> 05:02:56,160
Seconded.

3770
05:02:56,300 --> 05:02:57,000
Please call the roll.

3771
05:02:57,380 --> 05:02:58,200
Vice Mayor Herbst.

3772
05:02:58,440 --> 05:02:59,200
Commissioner Glossman.

3773
05:02:59,680 --> 05:02:59,820
Yes.

3774
05:02:59,820 --> 05:03:00,620
Mr. Beesley-Titman.

3775
05:03:00,940 --> 05:03:01,120
Yes.

3776
05:03:01,280 --> 05:03:01,520
Yes.

3777
05:03:02,380 --> 05:03:02,980
Mayor Jimentals.

3778
05:03:03,460 --> 05:03:03,680
Yes.

3779
05:03:03,800 --> 05:03:05,080
And M3 is now approved.

3780
05:03:05,520 --> 05:03:06,100
M4.

3781
05:03:06,420 --> 05:03:06,980
Motion approved.

3782
05:03:07,220 --> 05:03:13,120
The 12th amendment to the lease agreement between City of Fort Lauderdale and Ivy Tower 101 property LLC

3783
05:03:13,120 --> 05:03:15,000
is substantially the form attached.

3784
05:03:15,680 --> 05:03:16,420
Total rent.

3785
05:03:16,940 --> 05:03:19,880
741,866 dollars.

3786
05:03:19,880 --> 05:03:25,180
So no one signed up to speak, with someone like to introduce, I kind of like to move the item.

3787
05:03:25,700 --> 05:03:25,720
Move.

3788
05:03:26,780 --> 05:03:27,340
Do I hear second?

3789
05:03:28,100 --> 05:03:28,640
Move in a second.

3790
05:03:28,800 --> 05:03:29,620
Please call the roll.

3791
05:03:29,920 --> 05:03:30,760
Vice Mayor Herbst.

3792
05:03:31,040 --> 05:03:31,640
Commissioner Glassman.

3793
05:03:32,060 --> 05:03:32,260
Yes.

3794
05:03:32,280 --> 05:03:33,020
Mr. Beesley Pippman.

3795
05:03:33,300 --> 05:03:33,520
Yes.

3796
05:03:33,560 --> 05:03:34,260
Mr. Sortson.

3797
05:03:34,560 --> 05:03:34,600
Yes.

3798
05:03:34,800 --> 05:03:35,400
Mayor Trentoff.

3799
05:03:35,860 --> 05:03:38,460
Yes. And M4 is now approved. M5.

3800
05:03:38,680 --> 05:03:42,160
Motion of proving the city of Fort Lovia Financial integrity principles.

3801
05:03:43,500 --> 05:03:43,880
Okay.

3802
05:03:44,020 --> 05:03:45,100
No one signed up to speak.

3803
05:03:45,560 --> 05:03:46,660
Someone like to move the item.

3804
05:03:47,480 --> 05:03:47,700
Move.

3805
05:03:47,960 --> 05:03:48,480
Do I hear second?

3806
05:03:49,580 --> 05:03:51,620
seconded. Please call the roll. Vice Mayor

3807
05:03:51,620 --> 05:03:53,900
hearth. Commissioner Glassman. Yes. Mr.

3808
05:03:53,960 --> 05:03:56,140
Beacley Perman. Yes. Mr. Swordsman. Yes.

3809
05:03:56,360 --> 05:03:58,760
Mayor Trenton. Yes. And five is now approved.

3810
05:03:59,380 --> 05:04:02,460
Our one appointment of boarding committee members.

3811
05:04:02,560 --> 05:04:06,400
Please read the names into the record. Thank you for the

3812
05:04:06,400 --> 05:04:09,540
February 3rd, 2026 resolution community service

3813
05:04:09,540 --> 05:04:11,660
board. Marco Ferreira nominated by Commissioner

3814
05:04:11,660 --> 05:04:13,980
Swordsman for the person employed by public housing

3815
05:04:13,980 --> 05:04:16,860
authority. For the new sense of bateman board.

3816
05:04:16,860 --> 05:04:19,940
Laurence Teebo nominated by Mayor

3817
05:04:19,940 --> 05:04:28,340
Trent House, so a full position in Cornell Nichols nominated by Mayor Trent House for an alternate position and for tonight's resolution

3818
05:04:29,700 --> 05:04:34,940
Aviation Advisory Board, Barry Zimmerman nominated by Mayor Trent House, David Ash dominated by

3819
05:04:34,940 --> 05:04:42,140
Commissioner Glassman, Cemetery System Board of Trustees, Franklin Adderley nominated by Commissioner Beesley, Pittman, Dennis Homer nominated by Commissioner Beesley, Pittman

3820
05:04:42,140 --> 05:04:47,040
Citizens Committee of Recognition, Patricia Ziler nominated by Commissioner Swordson, Community

3821
05:04:47,040 --> 05:04:52,480
Appearance Board, Diana Zias Baza, nominated by Commissioner Swordson, Education and

3822
05:04:52,480 --> 05:04:58,080
Advisory Board, Jennifer Kimmy, nominated by Mayor Trentales, Christina Devere, nominated

3823
05:04:58,080 --> 05:04:59,960
by Commissioner Claasman, Kerry Siborke.

3824
05:05:00,000 --> 05:05:06,840
Board nominated by Commissioner Glassman, Julia Gray Williams, nominated by Commissioner Beesley Pippman, Marine Advisory Board,

3825
05:05:06,840 --> 05:05:11,520
Jeffrey Coburn, nominated by Commissioner Glassman, lower on the wear nominated by Commissioner Beesley Pippman,

3826
05:05:11,720 --> 05:05:31,360
Northwest Progressive Flagler, High Three Development Board, Ronald Van Beech, nominated by Commissioner

3827
05:05:31,360 --> 05:05:37,200
planning and zoning board, Monty, Low, Wani, nominated by Mayor Tantels, Risk Management Committee,

3828
05:05:37,760 --> 05:05:42,380
Vice Mayor John C. Herbs, Consensus Appointment, and Sustainability Advisory Board, Spencer,

3829
05:05:42,780 --> 05:05:46,060
Lows Day, nominated by Commissioner Glaspain, and that rounds it out.

3830
05:05:46,560 --> 05:05:51,480
Okay, any other modifications or additions to those names? They're being done. Some

3831
05:05:51,480 --> 05:05:55,620
would like to introduce the resolution. There it is, introduce these call the roll.

3832
05:05:55,720 --> 05:05:59,380
Hey, Resolution City Commission City for a lot of flow to pointing or nominating if applicable

3833
05:05:59,380 --> 05:06:02,360
Well, board and committee members, that's that fourth in the exhibit attached here too,

3834
05:06:02,460 --> 05:06:07,140
made a part here at Vice Mayor Herbs, Mr. Glassman. Yes. Mr. Beesley Goodman. Yes, Mr.

3835
05:06:07,260 --> 05:06:15,980
So, board members and committee members, and I want to thank them for their commitment

3836
05:06:15,980 --> 05:06:21,340
to our community. Our two resolution of proving a third amendment to the interlocal agreement

3837
05:06:21,340 --> 05:06:25,740
for the Northeast Fourth Avenue Complete Street Project between Barrett County, City of

3838
05:06:25,740 --> 05:06:29,160
or lower down on the Fort Lowell community redevelopment agency.

3839
05:06:30,620 --> 05:06:32,460
Some I'd like to introduce the resolution.

3840
05:06:33,280 --> 05:06:35,460
It's been introduced. No one to sign up to speak.

3841
05:06:36,060 --> 05:06:36,760
Any questions?

3842
05:06:37,880 --> 05:06:39,080
Okay, please call the roll.

3843
05:06:39,100 --> 05:06:40,300
Hey, Resolution City Commissioner.

3844
05:06:40,520 --> 05:06:43,380
The City of Fort Lowell for approving a third amendment to the interlocal agreement

3845
05:06:43,380 --> 05:06:46,020
of Montgomery Brewer County, the City of Fort Lowell on the City of Fort Lowell

3846
05:06:46,020 --> 05:06:47,660
community redevelopment agency.

3847
05:06:48,040 --> 05:06:50,180
For extension of the term of the interlocal agreement

3848
05:06:50,180 --> 05:06:51,740
and providing an effective date.

3849
05:06:52,760 --> 05:06:53,600
Vice Mayor Herb.

3850
05:06:53,600 --> 05:06:56,900
Commissioner Glossman, only seven years. It took. Yes.

3851
05:06:57,200 --> 05:06:58,580
Commissioner Beesley, Patman. Yes.

3852
05:06:58,840 --> 05:07:00,300
Commissioner Sortson. Yes, sir.

3853
05:07:00,520 --> 05:07:02,520
Torontoals. Yes.

3854
05:07:04,620 --> 05:07:07,960
Okay. Moving on to our three. This is a quasi-judicial

3855
05:07:07,960 --> 05:07:12,340
resolution, alternate design request for a site plan, level two development in the

3856
05:07:12,340 --> 05:07:17,340
allocation of 607 multifamily units, Arosa, developers.

3857
05:07:18,040 --> 05:07:21,580
LLC-315 North East Third Street.

3858
05:07:22,220 --> 05:07:26,140
anyone wishing to speak must be sworn in and the commission will announce any

3859
05:07:26,140 --> 05:07:30,400
site visits communications or expert opinions received and make them a part of

3860
05:07:30,400 --> 05:07:33,380
the record. I swear do you have any disclosures?

3861
05:07:35,590 --> 05:07:36,750
Yes mayor, I'm out with the

3862
05:07:36,750 --> 05:07:38,210
development team yesterday.

3863
05:07:40,250 --> 05:07:43,930
Okay. Commissioner Beesley-Pitman. It's late. I spoke to

3864
05:07:43,930 --> 05:07:52,550
someone about this so that you're not going to meet us after the meeting.

3865
05:07:52,550 --> 05:08:06,050
I'm sorry to tell you they're only open to three on two so three oh we bet I'm sorry you

3866
05:08:07,950 --> 05:08:12,170
Come on, the least she's taking a drink. I

3867
05:08:12,970 --> 05:08:22,090
Did have a consultation with Mr. Thaker Commissioner Glassman. Yes, uh met with Mr. Thaker and Alec Lickman. Thank you

3868
05:08:22,550 --> 05:08:24,350
and Commissioner of Swordsson.

3869
05:08:24,350 --> 05:08:25,270
Yeah, it's Ms. T. Faker.

3870
05:08:28,190 --> 05:08:29,450
Only one person, Senator, to speak.

3871
05:08:29,650 --> 05:08:34,650
Just for questions, do I hear a motion to close public hearing?

3872
05:08:35,310 --> 05:08:36,550
So, second, be moved.

3873
05:08:36,810 --> 05:08:38,350
And second, did, please call the roll.

3874
05:08:40,030 --> 05:08:42,250
Vice Mayor Herbs, Commissioner Glassman?

3875
05:08:42,630 --> 05:08:42,910
Yes.

3876
05:08:43,050 --> 05:08:43,910
Commissioner Beesley, Pippman?

3877
05:08:44,030 --> 05:08:44,490
Yes.

3878
05:08:44,710 --> 05:08:45,310
Mr. Swordsson?

3879
05:08:45,450 --> 05:08:46,470
Yes, Mayor Trentals.

3880
05:08:48,530 --> 05:08:49,430
Thank you.

3881
05:08:51,360 --> 05:08:52,920
Thank you.

3882
05:08:52,920 --> 05:08:56,700
out close on R3, I would say I would like to introduce the resolution.

3883
05:08:57,400 --> 05:09:02,200
Introduce, there's a solution that's been introduced, please call the roll.

3884
05:09:02,600 --> 05:09:08,400
Before that, so when I was talking with the developer yesterday at Asum, if they could get me

3885
05:09:08,400 --> 05:09:14,200
something from the building adjacent showing that they were comfortable with the deviation, were you

3886
05:09:14,200 --> 05:09:15,340
able to do that?

3887
05:09:20,500 --> 05:09:22,340
Can we understand why?

3888
05:09:25,270 --> 05:09:27,890
Stephanie 2, they got on behalf of the developer Alex Lickman

3889
05:09:27,890 --> 05:09:31,990
here with me, our whole team is here, Chris Smith as well, my co-council.

3890
05:09:32,990 --> 05:09:41,770
We've met with the neighbors and with the building adjacent to us, they are, when they

3891
05:09:41,770 --> 05:09:48,530
bought their condos and no-loves, they signed documents that notified them that they're

3892
05:09:48,530 --> 05:09:53,830
parking would ultimately be in the phase two of what was supposed to be no-loves, phase two is

3893
05:09:53,830 --> 05:09:59,870
this project is no longer called no-the-loss. So there are notists there aware we had a meeting with them actually in my

3894
05:10:00,000 --> 05:10:16,920
I had a follow-up meeting with their council. A letter of support is not something that I think would be asked for or given, but they are certainly very aware of this application. They're aware that the parking will be ultimately relocated into the new building.

3895
05:10:17,420 --> 05:10:19,340
That's not the issue. It's the deviation.

3896
05:10:19,880 --> 05:10:20,460
The what?

3897
05:10:20,720 --> 05:10:29,080
It's the deviation that's being requested. It's not about that they're losing their parking. It's you're asking for a deviation from the setback.

3898
05:10:30,180 --> 05:10:39,280
But deviation that we are asking for is adjacent to the blank wall of their building because this was supposed to always supposed to be a condo

3899
05:10:39,280 --> 05:10:47,340
So it's a blank wall to a blank wall and it's over it's over where they're building ends so it's it's way above where they're building ends

3900
05:10:48,160 --> 05:10:51,520
So it's it's to air it's not to their building

3901
05:10:52,060 --> 05:10:55,120
So the extra floors on the parking platform don't face

3902
05:10:55,900 --> 05:11:00,660
It's understood, but typically, when you're asking for a deviation and there's a condo

3903
05:11:00,660 --> 05:11:06,360
right next door, it's common to get a letter from the adjacent property owner saying that

3904
05:11:06,360 --> 05:11:07,240
they don't object to it.

3905
05:11:07,440 --> 05:11:10,600
It's not next door, though, it's above them.

3906
05:11:10,840 --> 05:11:12,120
The building is next door.

3907
05:11:12,340 --> 05:11:12,980
That's correct.

3908
05:11:13,100 --> 05:11:18,320
But the deviation that's being requested is higher than the roof of their building.

3909
05:11:23,600 --> 05:11:24,900
So the parking garage is tall.

3910
05:11:25,040 --> 05:11:25,520
Is it tall?

3911
05:11:25,680 --> 05:11:25,960
Is there a building?

3912
05:11:25,960 --> 05:11:47,880
Correct. So there's two deviations. One is to the rise, but that fate that's it's only to their parking garage. There's no units there. And the other deviation, which is to know the loss, the deviation that they're building ends. And the deviate and that's not the side of their, there's no windows on that side of the building. That's the blank wall that was supposed to face the blank wall of Nola.

3913
05:11:48,240 --> 05:11:52,680
And the deviation is far above where Nola lost ends.

3914
05:11:52,680 --> 05:11:53,280
All

3915
05:12:03,400 --> 05:12:12,900
right. Thank you. Any further questions or comments? They're being done. The resolution has been introduced correctly.

3916
05:12:16,260 --> 05:12:23,260
Yes, Anthony. Mayor Commission, Anthony Faharto. There's a condition number three in the back up.

3917
05:12:23,300 --> 05:12:30,100
That condition is not applicable in the situation. So we've been advised to remove it. I just want to stipulate that on the record.

3918
05:12:30,100 --> 05:12:37,420
That recordation of that agreement is not needed so we don't need condition three as part of this. So if you're going to approve it, we'd

3919
05:12:37,420 --> 05:12:39,560
offer that that be part of the

3920
05:12:41,200 --> 05:12:42,980
Part of the approval. Okay

3921
05:12:44,600 --> 05:12:50,360
So who introduced the resolution? I did so as amended as amended to remove

3922
05:12:50,360 --> 05:12:52,860
condition number three

3923
05:12:52,860 --> 05:12:55,720
and for approval. And for approval. Thank

3924
05:12:58,540 --> 05:13:01,200
a resolution city commission city for a lot of

3925
05:13:01,200 --> 05:13:04,760
Florida proving the issuance of a site plan level two development permit for an alternative

3926
05:13:04,760 --> 05:13:07,920
alternative design that meets the overall intent of the downtown

3927
05:13:07,920 --> 05:13:10,900
master plan for the development of a 55 story mixed to use building

3928
05:13:10,900 --> 05:13:15,860
consisting of six out of seven residential units 3,726 square feet of

3929
05:13:15,860 --> 05:13:19,940
commercial space located at 401 northeastern for a lot of Florida in the

3930
05:13:19,940 --> 05:13:24,200
regional activity center city center zoning district having an underlying

3931
05:13:24,200 --> 05:13:27,240
land use designation of downtown regional activities center providing

3932
05:13:27,240 --> 05:13:29,100
percent of our building providing for conflicts.

3933
05:13:29,920 --> 05:13:30,640
Vice Mayor Herbst?

3934
05:13:30,980 --> 05:13:31,000
No.

3935
05:13:31,640 --> 05:13:32,280
Commissioner Glassman?

3936
05:13:32,880 --> 05:13:32,940
Yes.

3937
05:13:33,160 --> 05:13:34,020
Commissioner Beasley Pippman?

3938
05:13:34,660 --> 05:13:35,280
Commissioner Sornson?

3939
05:13:35,800 --> 05:13:35,860
Yes.

3940
05:13:36,060 --> 05:13:36,680
Mayor Trentals?

3941
05:13:37,040 --> 05:13:37,240
Yes.

3942
05:13:37,300 --> 05:13:38,720
And R3 is now approved.

3943
05:13:39,680 --> 05:13:40,180
R4.

3944
05:13:40,300 --> 05:13:41,240
Judicial Appeal.

3945
05:13:41,280 --> 05:13:42,400
Queensland Judicial Appeal.

3946
05:13:42,700 --> 05:13:44,500
Of a final order of the Board of Adjustment.

3947
05:13:47,320 --> 05:13:48,400
We just did that.

3948
05:13:50,540 --> 05:13:51,040
Sorry.

3949
05:13:54,860 --> 05:13:59,640
PH1, public hearing, second reading of an ordinance in many chapter 26 by creating a new article

3950
05:13:59,640 --> 05:14:03,300
10 entitled, School Zone, Speed and Enforcement Act,

3951
05:14:05,940 --> 05:14:07,400
where is that, Screams?

3952
05:14:11,680 --> 05:14:12,680
Thank you.

3953
05:14:14,310 --> 05:14:20,690
This is a public hearing acquired by Section 316.008, Florida Statutes, to enact an ordinance

3954
05:14:20,690 --> 05:14:24,030
authorizing the placement of speed detection systems and school zones.

3955
05:14:24,510 --> 05:14:28,790
This is now the time for anyone in the public to speak about the approval of this item.

3956
05:14:31,190 --> 05:14:33,030
No one has signed up to speak.

3957
05:14:34,310 --> 05:14:36,090
Do I hear emotional close public hearing?

3958
05:14:37,050 --> 05:14:37,390
Second.

3959
05:14:37,610 --> 05:14:38,690
The second did?

3960
05:14:38,990 --> 05:14:39,770
Please call the roll.

3961
05:14:40,430 --> 05:14:42,210
May I inject mayor for a moment?

3962
05:14:43,150 --> 05:14:47,290
At this hearing, for this second reading, you required to make findings.

3963
05:14:47,870 --> 05:14:52,670
For example, staff made presentations about the data that you used to support this decision.

3964
05:14:52,670 --> 05:14:58,810
and so then one would make those findings on the record before they passed their

3965
05:14:58,810 --> 05:14:59,170
work names.

3966
05:15:00,000 --> 05:15:05,340
We're just moving to close public hearing, and so after that, then we'll have one.

3967
05:15:05,340 --> 05:15:10,540
I need a cup of coffee. Sorry. Let's go ahead. Go ahead. Go ahead.

3968
05:15:10,540 --> 05:15:14,000
Vice-parallel. We're all tired, trust me. Yes, go ahead.

3969
05:15:14,080 --> 05:15:15,660
Commissioner Glassman? Yes.

3970
05:15:15,660 --> 05:15:18,120
Commissioner Beesley-Puttman? Yes. Commissioner Sornson? Yes.

3971
05:15:18,220 --> 05:15:18,640
Sir, sir, Toronto.

3972
05:15:19,880 --> 05:15:20,320
Yes.

3973
05:15:21,120 --> 05:15:23,000
If, uh...

3974
05:15:23,920 --> 05:15:29,240
Okay, would someone please make a motion to approve the ordinance and make a finding that based on the traffic data

3975
05:15:29,240 --> 05:15:39,580
and evidence presented that it is appropriate to utilize speed detection systems at the 38 schools and locations identified in the ordinance due to the height and safety risk

3976
05:15:39,580 --> 05:15:43,240
at each location that warrants additional enforcement procedures.

3977
05:15:44,520 --> 05:15:51,520
So whoever moves this item, it will be assumed that the that is based on traffic data and evidence presented.

3978
05:15:51,520 --> 05:15:59,260
Make a motion to move based on exhibit to traffic data number of violators percent of violations vehicle count

3979
05:16:00,380 --> 05:16:08,720
All of that all of that information warrants moving forward with speed detection cameras. Great. Do I hear second

3980
05:16:09,660 --> 05:16:16,560
Is there a second what's it's an ordinance, right? So it's only an introduction. I always you will you have make a motion here

3981
05:16:17,080 --> 05:16:17,740
Okay,

3982
05:16:20,990 --> 05:16:24,350
it's a second it. Please call the rule

3983
05:16:26,580 --> 05:16:30,820
Is it a motion first and then memory and then we're going to introduce the ordinance?

3984
05:16:30,980 --> 05:16:32,160
It says something there.

3985
05:16:32,160 --> 05:16:36,720
Then we'll someone like to make a motion to approve the ordinance and make a finding.

3986
05:16:46,610 --> 05:16:47,370
I'll read the ordinance.

3987
05:16:48,050 --> 05:16:48,310
Okay.

3988
05:16:49,110 --> 05:16:52,210
And noron to the city of Fort Lauderdiford and Manic chapter 26 of the Coto Vards.

3989
05:16:52,510 --> 05:16:54,370
This is the city of Fort Lauderdiford and Providing for purpose.

3990
05:16:54,570 --> 05:17:00,250
This establishing is schools and speed enforcement program are authorizing the use of speed detection systems within the city.

3991
05:17:00,330 --> 05:17:03,870
Providing for program implementation requirements for providing for designation of schools.

3992
05:17:03,870 --> 05:17:08,070
providing for enforcement procedures, providing for annual reporting and requirements, providing for

3993
05:17:08,070 --> 05:17:11,870
corrects as criminals, there is providing for severability, providing for repeal of could

3994
05:17:11,870 --> 05:17:16,450
conflicting ordinance provisions and effective date. Vice Mayor Hurst? Yes. Commissioner Glossman?

3995
05:17:16,950 --> 05:17:22,130
Yes. Commissioner Beesley-Pitman? Commissioner Sornson? Yes. Mayor Trentals? Yes. I'm going to need to

3996
05:17:22,130 --> 05:17:26,430
extend the meeting another 15 minutes. Celebrities move move through sen.

3997
05:17:26,430 --> 05:17:30,910
move to extend to 12 15 AM.

3998
05:17:32,430 --> 05:17:32,990
Here's second.

3999
05:17:33,510 --> 05:17:34,490
Move to second.

4000
05:17:34,690 --> 05:17:35,490
Please call the Royce.

4001
05:17:35,730 --> 05:17:37,410
May I ask Mr. Glassman?

4002
05:17:37,830 --> 05:17:37,850
Yes.

4003
05:17:38,010 --> 05:17:38,870
Mr. Beesley Pippen.

4004
05:17:39,330 --> 05:17:39,710
Mr. Swanson?

4005
05:17:40,150 --> 05:17:40,310
Yes.

4006
05:17:41,350 --> 05:17:41,910
Okay.

4007
05:17:41,930 --> 05:17:43,150
Thank you.

4008
05:17:43,350 --> 05:17:44,790
First, OFR-1.

4009
05:17:45,250 --> 05:17:47,130
This is a first reading of an ordinance.

4010
05:17:47,670 --> 05:17:48,970
Business tax receipts.

4011
05:17:49,250 --> 05:17:51,970
It meant a 5% increase on local business taxes.

4012
05:17:52,010 --> 05:17:54,430
Restore omitted business tax categories.

4013
05:17:56,050 --> 05:18:00,890
know what is side up to speak. Some of I introduce the ordinance.

4014
05:18:02,170 --> 05:18:02,730
Introduced.

4015
05:18:04,610 --> 05:18:05,970
Please call the roll.

4016
05:18:06,030 --> 05:18:07,670
In North, so the city of Florida, Florida,

4017
05:18:07,670 --> 05:18:09,390
Manning Section 15 to ask 57.

4018
05:18:09,690 --> 05:18:12,790
The code of ordinances is the city of Florida by implementing a 5%

4019
05:18:12,790 --> 05:18:16,150
fee increase on local business taxes, restoring omitted business

4020
05:18:16,150 --> 05:18:18,910
tax categories and providing for severability, repeal,

4021
05:18:19,070 --> 05:18:20,790
conflicting ordinance provisions, correction and

4022
05:18:20,790 --> 05:18:22,790
for officers and an effective date.

4023
05:18:22,970 --> 05:18:23,730
Vice Mayor Herbs.

4024
05:18:24,030 --> 05:18:24,970
Yes, Commissioner Glassman.

4025
05:18:25,410 --> 05:18:26,410
Yes, Mr. Beesley Pintman.

4026
05:18:26,730 --> 05:18:27,630
Yes, Mr. Sornson.

4027
05:18:27,810 --> 05:18:28,870
Yes, Mr. Chairman Tals.

4028
05:18:29,450 --> 05:18:32,910
Yes, and on for our one is now approved on first reading.

4029
05:18:33,450 --> 05:18:35,590
Oh, if our two first reading of an ordinance

4030
05:18:35,590 --> 05:18:37,430
and many of the city of Fort Lauderdale, we go down.

4031
05:18:39,860 --> 05:18:40,560
Oh, I'm sorry.

4032
05:18:41,020 --> 05:18:41,440
I'm sorry.

4033
05:18:42,300 --> 05:18:44,180
Oh, if our three first reading and orders

4034
05:18:44,180 --> 05:18:48,440
and many section eight dash 55.5 of the code and the order

4035
05:18:48,440 --> 05:18:55,660
of the code of ordinances titled high impact events on beach property by renaming section

4036
05:18:55,660 --> 05:19:02,700
8-55.5 to high impact zones during high impact periods and to authorize the city manager

4037
05:19:02,700 --> 05:19:07,500
to designate such zones within the city and pose additional immediate temporary measures

4038
05:19:07,500 --> 05:19:12,840
during high impact periods. One person's sign of speak built brown, but I think he's already

4039
05:19:12,840 --> 05:19:20,220
hit the sack. So no one else is sign up to speak. So I'd like to introduce the ordinance.

4040
05:19:20,640 --> 05:19:25,000
Introduce the ordinance has been introduced on first reading. Please call the roll.

4041
05:19:25,060 --> 05:19:26,820
In the ordinance of the City of Fort Lard of Florida,

4042
05:19:26,820 --> 05:19:29,920
many chapter eight article for either code of ordinance of the City of Fort Lard of

4043
05:19:29,920 --> 05:19:35,620
title public beaches by a manning eight dash 55 point five title high impact events on beach property

4044
05:19:35,620 --> 05:19:40,800
by renaming section eight dash 55 point five to high impact zones during high impact period

4045
05:19:40,800 --> 05:19:44,400
authorize the city manager and designate high impact zones within the city and impose

4046
05:19:44,400 --> 05:19:48,340
additional temporary immediate measures during high impact periods including a

4047
05:19:48,340 --> 05:19:52,880
curfew that restricts juvenile access to designated areas. Suspension of sidewalk

4048
05:19:52,880 --> 05:19:57,540
cafe permits and removal of cafe equipment with notice to the permanency in

4049
05:19:57,540 --> 05:19:59,980
modification of operating hours for city part.

4050
05:20:00,000 --> 05:20:09,600
Clerks and facilities providing for definitions, providing for severability, providing for conflicts and repeal, providing for correction of scrubbinger's errors and providing for defective date by Mayor Herbst.

4051
05:20:10,080 --> 05:20:11,340
Yes, Commissioner Glassman. Yes.

4052
05:20:11,340 --> 05:20:14,380
Mr. Beesley-Pitman, Commissioner Sornson. Yes, Mayor Trentals.

4053
05:20:14,720 --> 05:20:17,680
Yes, and OFR-3 is now proven on first reading.

4054
05:20:17,840 --> 05:20:18,940
Thank you.

4055
05:20:18,940 --> 05:20:23,720
Always are one second reading and ordinance of the City of Fort Lauderdale Unified Land

4056
05:20:23,720 --> 05:20:29,680
Development Regulations regarding development permits and procedures. We have two people sign up to speak.

4057
05:20:31,380 --> 05:20:35,660
Tracy Paul and Jaris Goss,

4058
05:20:40,920 --> 05:20:44,340
your patient lady. Yeah, no problem. You guys as well.

4059
05:20:45,120 --> 05:20:52,280
All right. Well, good evening. Mayor Vice Mayor Commissioner. I'm here to speak specifically about OSR

4060
05:20:52,280 --> 05:20:56,020
and the amendments to the Unified Land Development Regulations.

4061
05:20:56,900 --> 05:20:59,780
I'm going to start by acknowledging what this ordinance represents.

4062
05:21:00,360 --> 05:21:04,520
It's a decision to reorganize power in the development review process

4063
05:21:04,520 --> 05:21:08,280
to move it earlier, faster, and more administratively.

4064
05:21:10,440 --> 05:21:14,500
That might be efficient, but efficiency is not the same as neutrality.

4065
05:21:16,900 --> 05:21:21,160
The ULDR is where the city decides not just how fast development moves,

4066
05:21:21,160 --> 05:21:24,860
but what values are protected when it does.

4067
05:21:26,020 --> 05:21:30,500
When timelines are compressed and discretionary review windows are narrowed,

4068
05:21:30,780 --> 05:21:34,180
the practical effect is that fewer decisions happen in the public view

4069
05:21:34,180 --> 05:21:38,460
and more treated as technical conclusions rather than policy choices.

4070
05:21:41,110 --> 05:21:44,110
That distinction matters in places like Central Beach.

4071
05:21:44,690 --> 05:21:47,290
Central Beach is not an abstract planning area.

4072
05:21:47,290 --> 05:21:54,550
It's a lived place, a public shoreline, with established parks, and recreation that residents use every day.

4073
05:21:55,930 --> 05:21:59,090
These uses are not incidental, and they are not interchangeable.

4074
05:22:01,320 --> 05:22:10,400
Under accelerated review frameworks, public amenities, are increasingly frames, as components that can be adjusted, relocated, or mitigated.

4075
05:22:10,860 --> 05:22:17,620
And once those judgments are embedded at the administrative level, this commission is often asked to accept them

4076
05:22:17,620 --> 05:22:20,580
as settled facts, rather than choices.

4077
05:22:23,920 --> 05:22:26,100
If development review is going to move faster,

4078
05:22:26,700 --> 05:22:29,220
then protection for public parks and recreation

4079
05:22:29,220 --> 05:22:32,380
must become more intentional, more visible,

4080
05:22:33,000 --> 05:22:33,780
and more durable.

4081
05:22:34,380 --> 05:22:37,320
Not something left to survive the process by default, you guys.

4082
05:22:39,600 --> 05:22:43,480
Alignment with state stats, you should not mean the quiet erosion

4083
05:22:43,480 --> 05:22:45,240
of local stewardship.

4084
05:22:46,900 --> 05:22:49,760
Florida law sets timelines is does not require the city

4085
05:22:49,760 --> 05:22:54,600
to treat longstanding public spaces as flexible variables within a development equation.

4086
05:22:55,260 --> 05:22:57,100
Tonight's votes is more than a doctor procedure.

4087
05:22:57,720 --> 05:23:03,740
It establishes how much time, visibility, and judgment the public will have when decisions

4088
05:23:03,740 --> 05:23:05,640
affect irreplaceable places.

4089
05:23:06,920 --> 05:23:11,760
Process shapes, outcomes, and once discussion is compressed, it is very difficult to restore.

4090
05:23:12,240 --> 05:23:12,720
Thank you.

4091
05:23:12,720 --> 05:23:14,300
All right, thank you.

4092
05:23:15,020 --> 05:23:18,640
Ajaris from Laxahatchi, Florida,

4093
05:23:18,900 --> 05:23:20,320
who you came along way.

4094
05:23:24,830 --> 05:23:26,030
Thank you for having me.

4095
05:23:26,610 --> 05:23:27,850
I don't see.

4096
05:23:28,590 --> 05:23:28,790
Okay.

4097
05:23:29,650 --> 05:23:31,190
I oppose that ordinance.

4098
05:23:32,230 --> 05:23:36,490
Florida statute 166033 doesn't exist to slow projects.

4099
05:23:37,310 --> 05:23:39,890
It exists for to discipline the process.

4100
05:23:40,410 --> 05:23:43,290
It's meaning to me is about progress integrity.

4101
05:23:43,290 --> 05:23:53,190
As I understand, O-S-R-1 is how that pressure gets translated into local ordinance language.

4102
05:23:54,030 --> 05:24:04,630
What this ordinance does not do is require a deeper environmental study or a communal tip impact study.

4103
05:24:05,930 --> 05:24:07,570
It only requires speed.

4104
05:24:08,350 --> 05:24:11,890
Why Speed is bad specifically for the environment?

4105
05:24:12,930 --> 05:24:15,350
I can use mature trees, for an example.

4106
05:24:15,830 --> 05:24:16,990
I like that one.

4107
05:24:17,890 --> 05:24:20,510
They perform stored water and interception.

4108
05:24:22,090 --> 05:24:24,670
Yet, our policies don't always protect that

4109
05:24:25,230 --> 05:24:28,070
what they account for their function, for their function.

4110
05:24:29,370 --> 05:24:32,750
But more effectively now, and very fair example,

4111
05:24:32,910 --> 05:24:33,890
is the Florida Everglades.

4112
05:24:33,890 --> 05:24:46,190
if we're talking money, strong federal investment has now paid for restoration that shows up after, you know, we make mistakes.

4113
05:24:49,900 --> 05:24:59,960
Earlier, I purchased it fully account for long-term ecological impacts, which is why process matters just as much as local level on a level.

4114
05:25:00,000 --> 05:25:01,280
Local level.

4115
05:25:04,110 --> 05:25:08,670
It sometimes feels like we're mopping floor while the faucet is still running pumps matter.

4116
05:25:09,430 --> 05:25:18,090
But turning down the faucet is land use policy. Concrete damage is permanent once soil is paved. It loses its ability to absorb water.

4117
05:25:18,990 --> 05:25:23,230
It becomes biologically dead. Healthy soil is very much alive.

4118
05:25:23,230 --> 05:25:31,170
billions of micro organisms per teaspoon. Unpaid soil absorbs rain, filters, pollutants,

4119
05:25:31,350 --> 05:25:37,170
recharges groundwater. This is why cities flood even in extreme, when they're not extreme

4120
05:25:37,170 --> 05:25:44,870
weather. I'm going to skip down to this. I oppose this because environmental impacts don't operate

4121
05:25:44,870 --> 05:25:52,650
on fixed deadlines or speeding up approvals without adding safeguards to increase to help the risk

4122
05:25:52,650 --> 05:25:59,510
to not harm the soil. Sorry, I'm lost here. Earlier, the commission said you make decisions with data.

4123
05:26:00,290 --> 05:26:08,370
I appreciate that standard. My concern with the ordinance is that the environment of data is not even

4124
05:26:08,370 --> 05:26:11,570
here yet. The timelines are too short.

4125
05:26:12,610 --> 05:26:17,030
Efficiency matters, but accuracy matters more when impacts are permanent.

4126
05:26:18,110 --> 05:26:24,410
as all yeah that's it thank you city manager I have a question on this because

4127
05:26:24,410 --> 05:26:28,390
correct me if I'm wrong this is being done so we are able to actually conform

4128
05:26:28,390 --> 05:26:33,730
with state statutes correct because we got into trouble we lost a few cases

4129
05:26:33,730 --> 05:26:39,430
because we didn't go as quickly as the state said we had to from the time an

4130
05:26:39,430 --> 05:26:44,190
applicant made application through the process and by the time it reached us and by

4131
05:26:44,190 --> 05:26:49,270
fault projects were approved that we didn't even have a chance to say anything about so this

4132
05:26:49,270 --> 05:26:55,170
is actually just to conform with state statutes and opposition to what was just testify current.

4133
05:26:55,170 --> 05:27:00,610
That's correct. This is a cleanup item that took a lot of comprehensive work to put together.

4134
05:27:00,830 --> 05:27:07,750
That's what I thought. Thank you. Mayor Anthony Ford, I'd also add the none of the regulatory standards

4135
05:27:07,750 --> 05:27:11,870
related to the items that the young lady was talking about have changed. So in other words, our

4136
05:27:11,870 --> 05:27:15,630
an adequacy requirements are of neighborhood compatibility requirements, which are things that

4137
05:27:15,630 --> 05:27:19,070
are being talked about in Tallahassee, so we may see some changes from that as well.

4138
05:27:19,650 --> 05:27:20,390
Those are not changing.

4139
05:27:20,730 --> 05:27:23,750
Just the timelines so that we're in compliance with 1.666.

4140
05:27:25,310 --> 05:27:33,450
Well, I just wanted to make that clear because as I said, we ran a foul of the law and

4141
05:27:33,450 --> 05:27:39,230
we lost our ability to weigh in on the projects, we're cleaning it up so that we meet the

4142
05:27:39,230 --> 05:27:40,170
That should of right.

4143
05:27:40,490 --> 05:27:40,730
A, right.

4144
05:27:41,870 --> 05:27:42,370
Thank you.

4145
05:27:42,470 --> 05:27:42,690
All right.

4146
05:27:42,830 --> 05:27:44,070
Would you like to introduce the ordinance?

4147
05:27:45,330 --> 05:27:45,790
Yes.

4148
05:27:45,930 --> 05:27:46,330
It should do.

4149
05:27:46,750 --> 05:27:47,090
Okay.

4150
05:27:48,150 --> 05:27:49,430
Please call the roll.

4151
05:27:49,870 --> 05:27:50,670
Save the mess for last.

4152
05:27:50,670 --> 05:27:52,390
At Norton City of Florida, Florida,

4153
05:27:52,390 --> 05:27:55,270
Mending the Unified Land Development Regulations Article 4 Development

4154
05:27:55,270 --> 05:27:59,570
Permits and Procedures of Mending the Section 47-24.1,

4155
05:27:59,570 --> 05:28:01,990
Generally Section 47-24.2,

4156
05:28:02,050 --> 05:28:05,270
Site Plan Development Perfect Section 47-24.3,

4157
05:28:05,350 --> 05:28:08,730
Conditional Use Permits Section 47-24.4,

4158
05:28:08,730 --> 05:28:19,090
Resoning city commission section 47 dash 24.6 vacation on right away section 47 dash 24.7 vacation of easements section 47 dash 3.5

4159
05:28:19,090 --> 05:28:25,350
change in use section 47 dash 3.8 termination of non-conforming status section 47 dash 3.9

4160
05:28:25,350 --> 05:28:33,850
Reaves of non-conforming structure section 47 dash 12.6 central beach development permitting an approval section 47 dash 13.20 downtown

4161
05:28:33,850 --> 05:28:45,750
RAC review process section 47-13.60 permit approval and S.A. RC and N.W. RAC section 47-18.41 urban farms and

4162
05:28:45,750 --> 05:28:55,810
community garden section 47-19.2 accessory building structures equipment general section 47-19.3 boat slips

4163
05:28:55,810 --> 05:29:03,090
Docs, boat dev, it's hoist and similar, moring structures, section 47-3, dash 20.3, parking

4164
05:29:03,090 --> 05:29:10,490
in the exemption section 47-22.3, general regulation signs and section 47-26, a point to

4165
05:29:10,490 --> 05:29:14,410
city commission request for review to revise the city commission request for review period

4166
05:29:14,410 --> 05:29:20,890
to align development review timeframes with Florida statute section 166.0333 to codify certain

4167
05:29:20,890 --> 05:29:24,810
development review process, providing for correction of scrubbers, there are several

4168
05:29:24,810 --> 05:29:28,390
ability, repeal of conflicting orange provisions, and then effect the date.

4169
05:29:28,690 --> 05:29:34,030
Vice Mayor Herbst, Mr. Glassman, yes, Mr. Beesley-Bimman, Mr. Sornson, yes,

4170
05:29:34,210 --> 05:29:34,770
Mayor Chantals.

4171
05:29:35,010 --> 05:29:37,130
Yes, and that item is now approved.

4172
05:29:37,570 --> 05:29:40,610
Mr. Mayor, for the business of the commission, they're being done.

4173
05:29:40,730 --> 05:29:42,850
Oh, and now we're here on the top of the report.

4174
05:29:44,070 --> 05:29:49,790
I'm sorry, I just, you may recall that we recessed conference, and I just, I know what

4175
05:29:49,790 --> 05:29:50,070
I'm doing.

4176
05:29:50,070 --> 05:29:53,970
I'm including tonight's meeting and I'm resuming the conference meeting.

4177
05:29:54,210 --> 05:29:55,110
Got it?

4178
05:29:55,350 --> 05:29:58,390
Thank you for reminding me though.

4179
05:29:58,950 --> 05:29:59,970
The conference meeting is now resumed.

4180
05:30:00,000 --> 05:30:06,520
We now, we're now at Commissioner Reports. We're keeping up past this bedtime.

4181
05:30:08,760 --> 05:30:14,840
I'm like, wait a minute, what just happened? Okay. Let us, by Mayor, do you have any Commissioner Reports?

4182
05:30:15,860 --> 05:30:20,560
Okay. I'm not scared, any thing tonight. Okay.

4183
05:30:21,020 --> 05:30:25,100
But, hey, wait a day. I'm not daring. I'm not sharing that we have to tell.

4184
05:30:25,100 --> 05:30:32,080
as Martin Luther King parade? Yes we did. And thank you to Parks and Regs and all of those

4185
05:30:32,080 --> 05:30:37,180
who helped to put that into place. The best of all the parade. Everything was great. Good

4186
05:30:37,180 --> 05:30:44,540
turn out. Yes. Yes. That's part of your report as well. Yeah. Commissioner Glass. I'm going to

4187
05:30:44,540 --> 05:30:48,740
forego the report. I just will say it was a great week and next week's going to be a great week too.

4188
05:30:48,740 --> 05:30:55,860
Yes. Okay. And commissioner sort of said. Thank you. Great. I'm okay. Day parade.

4189
05:30:58,430 --> 05:31:06,170
Good book. Quick items. One. Rotary connection boss, which is y'all are probably familiar with

4190
05:31:06,170 --> 05:31:12,950
that the rotary boss that takes. We saw you did something on that. Yeah, I just traveled along with

4191
05:31:12,950 --> 05:31:18,330
them for several hours. Which was great. And so it just connects those experience homelessness,

4192
05:31:18,330 --> 05:31:22,990
the services, the MV, taskers for homelessness and so forth.

4193
05:31:23,490 --> 05:31:28,550
It's a great, great initiative, and so I'd like us to just like City Manager to explore

4194
05:31:28,550 --> 05:31:35,310
some possible funding support, just considerations for us to kind of evaluate going forward

4195
05:31:35,310 --> 05:31:37,690
if that's the only bus that is actually full.

4196
05:31:37,850 --> 05:31:43,130
It was packed at the whole time I was on it, and folks so grateful to get connected to the

4197
05:31:43,130 --> 05:31:43,630
services.

4198
05:31:44,870 --> 05:31:47,270
So, is that all right, City Manager?

4199
05:31:47,270 --> 05:31:51,030
Yes, we can look into that as part of our budget development process.

4200
05:31:51,130 --> 05:31:52,290
Okay, great.

4201
05:31:52,310 --> 05:31:53,650
Thank you.

4202
05:31:57,570 --> 05:32:00,550
And that's, I'm good for, okay, right now.

4203
05:32:01,290 --> 05:32:03,210
All right, first of all, shout out to City Manager,

4204
05:32:03,270 --> 05:32:04,470
great outfit tonight.

4205
05:32:06,850 --> 05:32:07,770
Thank you.

4206
05:32:08,330 --> 05:32:11,430
Also, I know it's a little, I know it's after 12 o'clock,

4207
05:32:11,770 --> 05:32:15,170
but yesterday was the City Attorney's birthday,

4208
05:32:15,170 --> 05:32:32,130
So I'd like to make the analysis in the word happy birthday happy birthday, let me just make a quick announcement to the retirees

4209
05:32:32,130 --> 05:32:37,650
Edward Wenger who is a police sergeant for twenty for thirty three years been with our force

4210
05:32:37,650 --> 05:32:43,390
Congratulations, Ed. Richard Tolotty, who is a public safety aid with the police department,

4211
05:32:43,750 --> 05:32:52,730
30 years, Edward Stewart, police sergeant, 32 years, Lisa James, police supply supervisor,

4212
05:32:53,310 --> 05:32:59,990
25 years, anyone left in the police department, Bill? It's not listening. Garry Faltus,

4213
05:33:00,130 --> 05:33:05,810
who's a police officer with us for 33 years. Congratulations, thank you for your service,

4214
05:33:05,810 --> 05:33:12,410
and Jason Bohan, Battalion Chief, the Fire Department, 26 years.

4215
05:33:12,610 --> 05:33:14,950
So congratulations and thank you for your service.

4216
05:33:15,710 --> 05:33:17,730
I appreciate that.

4217
05:33:18,570 --> 05:33:22,210
Quick question on the Community Center in the Police Department.

4218
05:33:22,550 --> 05:33:24,670
Headquarters, why are we delayed once again?

4219
05:33:24,930 --> 05:33:27,170
And not being able to have our commission meetings there.

4220
05:33:27,230 --> 05:33:28,630
We were told it was going to happen in January.

4221
05:33:28,890 --> 05:33:29,850
Now I'm told it's May.

4222
05:33:30,430 --> 05:33:31,350
What's going on there?

4223
05:33:31,350 --> 05:33:37,730
So we issued a letter to the commission this morning to clarify where we are.

4224
05:33:38,390 --> 05:33:43,330
We did begin the demolition process, Anthony Faharto is going to share a little bit more on the status.

4225
05:33:44,310 --> 05:33:54,770
It's not that we are delaying. I had said spring and I know we've got some information from Anthony and we just wanted to make sure we gave you the latest and greatest.

4226
05:33:55,510 --> 05:34:01,490
Yeah. Hello again, Mayor. So regarding the use of the community center, there are some factors

4227
05:34:01,490 --> 05:34:05,470
that have to be considered to before we can occupy it. One was the demo of the building

4228
05:34:05,470 --> 05:34:09,650
because it closed proximity to the community center. We couldn't use the exit for fire, right?

4229
05:34:09,870 --> 05:34:14,130
Yeah. But even with the building gone, we still have site work. So there would be no guest

4230
05:34:14,130 --> 05:34:18,490
parking for anyone coming to the community center until the site work is done. There's still

4231
05:34:18,490 --> 05:34:22,870
drainage. There's some utilities that have to be dealt with at that type of thing. So we're projecting

4232
05:34:22,870 --> 05:34:27,530
that the community center could possibly be occupied sometime in late May.

4233
05:34:27,850 --> 05:34:32,510
So, all this drainage and all this stuff could not have been done prior to the demolition

4234
05:34:32,510 --> 05:34:33,350
of the police.

4235
05:34:33,550 --> 05:34:33,810
Correct.

4236
05:34:33,910 --> 05:34:37,470
The building is on top of the area where the parking in the drainage and all that stuff.

4237
05:34:37,610 --> 05:34:38,230
They can't use it.

4238
05:34:39,410 --> 05:34:42,490
The parking garage is a secured garage with crash bars.

4239
05:34:42,770 --> 05:34:48,750
It's not a general entry garage, so it's not that that's impossible what there is police

4240
05:34:48,750 --> 05:34:49,770
gear that's stored there.

4241
05:34:49,810 --> 05:34:52,850
There's the shooting range, there's other offices that are a lot of things to consider

4242
05:34:52,850 --> 05:34:56,770
logistically and from a security standpoint when looking at these other things.

4243
05:34:57,250 --> 05:34:59,970
We are looking at the properties, see what options we have.

4244
05:35:00,000 --> 05:35:12,600
To use other aspects of the area. But the building to the furthest west, which is the old park building, the police department's been using that as a temporary booking facility. So there's just a lot of components going on in law and moving parts.

4245
05:35:13,020 --> 05:35:15,000
Okay, so you're looking at June 1st?

4246
05:35:16,040 --> 05:35:17,020
We're hoping, sorry.

4247
05:35:17,620 --> 05:35:19,940
Okay, you know, the end of spring is June 22nd.

4248
05:35:20,300 --> 05:35:20,320
Yes.

4249
05:35:21,140 --> 05:35:26,520
The question is, do you want to be in before recess or late until after recess?

4250
05:35:26,520 --> 05:35:31,860
I just want to save the city money and every day, every time we're here, cost us money and

4251
05:35:31,860 --> 05:35:34,040
every time we're there, it shouldn't cost us any money.

4252
05:35:34,740 --> 05:35:37,420
So, whatever we can do to save the city money, the sooner the better.

4253
05:35:39,920 --> 05:35:40,280
Okay.

4254
05:35:40,620 --> 05:35:41,460
I have nothing else.

4255
05:35:41,480 --> 05:35:43,440
So, one other question this year.

4256
05:35:43,600 --> 05:35:47,900
Recall, son of email about the tower 101 proposal for City Hall.

4257
05:35:48,400 --> 05:35:54,220
Is that something we want to just look at in terms of costs and so forth?

4258
05:35:54,220 --> 05:35:59,320
Now, I think we already approved what we're going to do for City Hall, so why would we be doing that?

4259
05:35:59,500 --> 05:36:01,140
Well, why would we be doing that?

4260
05:36:01,360 --> 05:36:01,920
Oh, is it?

4261
05:36:02,320 --> 05:36:03,340
We already approved.

4262
05:36:03,940 --> 05:36:04,220
Right.

4263
05:36:04,220 --> 05:36:05,180
We're in negotiations.

4264
05:36:05,680 --> 05:36:05,980
Right.

4265
05:36:06,040 --> 05:36:08,320
But we already approved the concept and the developer.

4266
05:36:08,920 --> 05:36:16,980
And this is just that memo was just to negate all that and just move into 101 tower.

4267
05:36:16,980 --> 05:36:22,420
And we have no idea how big it is, how much it would cost to

4268
05:36:23,700 --> 05:36:25,740
repurpose the building for city purposes.

4269
05:36:26,560 --> 05:36:31,160
I mean, I don't know, I personally would not be in favor of that.

4270
05:36:31,520 --> 05:36:33,900
So I think they're off of just a little too late.

4271
05:36:34,900 --> 05:36:36,120
That offer just.

4272
05:36:36,500 --> 05:36:40,220
They think they should have made that offer before we started our process.

4273
05:36:40,640 --> 05:36:41,460
Yeah, I agree.

4274
05:36:42,100 --> 05:36:48,400
is a sort of possibility to just to, um, yeah, I think we should entertain the offer.

4275
05:36:48,960 --> 05:36:55,740
Well, I disagree, but, um, I mean, we've already started on a path for a city hall project.

4276
05:36:56,080 --> 05:37:02,460
And that building, as it couldn't possibly, where do we have it's chambered me?

4277
05:37:02,660 --> 05:37:06,180
Where do we have chambered? There's nothing there's no room big in that building.

4278
05:37:06,180 --> 05:37:15,900
better to tear down walls and say, Mayor, for the floors that we do currently occupy, we

4279
05:37:15,900 --> 05:37:21,920
have on occasion done some space modifications. So if it was the will of the commission for

4280
05:37:21,920 --> 05:37:29,160
us to look at that or explore that opportunity, we would contemplate whether or not a commission

4281
05:37:29,160 --> 05:37:35,460
chambers could be accommodated in that building. I'm totally against it. I'm against it totally

4282
05:37:35,460 --> 05:37:42,080
as well. I just think that we put four four development teams through a process. They all spent

4283
05:37:42,080 --> 05:37:47,000
a lot of money. They comply with our timelines. So how would we just say now? Well, thank

4284
05:37:47,000 --> 05:37:50,220
you. But now we're going to go on a new direction. No, that's not where you're saying.

4285
05:37:50,420 --> 05:37:55,300
No, no. So what happens with the process we're now. So we're undergoing negotiations. Right.

4286
05:37:55,500 --> 05:38:00,820
So what happens is we're discussing with the developer costs our budget so forth. We're

4287
05:38:00,820 --> 05:38:02,860
not committed anything, believe it or not.

4288
05:38:02,960 --> 05:38:03,320
I understand.

4289
05:38:03,920 --> 05:38:06,860
So we can stop that negotiation at any point.

4290
05:38:07,780 --> 05:38:11,720
So during that time, we can also consider any other options we want.

4291
05:38:12,020 --> 05:38:13,580
So there's nothing wrong with.

4292
05:38:13,580 --> 05:38:13,980
Okay.

4293
05:38:14,460 --> 05:38:15,400
I just, you can decide.

4294
05:38:15,540 --> 05:38:16,580
I just think it's a bad idea.

4295
05:38:16,920 --> 05:38:17,860
That's all I just know.

4296
05:38:17,920 --> 05:38:19,540
I mean, we put people through a process.

4297
05:38:20,240 --> 05:38:21,740
I don't know what they expense.

4298
05:38:21,740 --> 05:38:24,660
That's going to be incurred in order to do a,

4299
05:38:25,560 --> 05:38:29,420
to do a investigation as to the feasibility of that.

4300
05:38:29,420 --> 05:38:34,000
We're part of it doesn't work out with our team that we're negotiating with now.

4301
05:38:34,600 --> 05:38:39,780
We also voted to go to the next team, and then we have a process that we've started.

4302
05:38:39,960 --> 05:38:44,820
We have four people that were ranked, and if things go sour with number one, we go to two.

4303
05:38:44,980 --> 05:38:46,300
Well, we go to three, and we go to four.

4304
05:38:46,420 --> 05:38:50,760
But just say you're aware of the process, doesn't preclude us from considering outside options.

4305
05:38:50,760 --> 05:38:51,620
I don't know where.

4306
05:38:51,920 --> 05:38:52,600
I understand that.

4307
05:38:52,600 --> 05:38:52,840
I don't know.

4308
05:38:52,860 --> 05:38:54,020
100% I'm supposed to.

4309
05:38:54,260 --> 05:38:54,380
Okay.

4310
05:38:54,720 --> 05:38:55,780
I think it's a great idea.

4311
05:38:55,940 --> 05:38:57,620
I think it's one we should absolutely consider.

4312
05:38:57,620 --> 05:39:08,660
I think it would be financially responsible not to take a look at it, and aren't we going to start holding our commission meetings at the new police headquarters once it's up and running?

4313
05:39:08,960 --> 05:39:17,040
I mean if we need a police headquarters, if we need a place to hold a commission meeting, I don't think the commission chamber should be a reason not to take a look at another opportunity.

4314
05:39:17,480 --> 05:39:23,700
If we're talking hundreds of millions of dollars that we could potentially save, I think we have an obligation to the taxpayers to do that.

4315
05:39:23,700 --> 05:39:29,160
That's honestly, it's worth just getting a little bit of analysis on what's the purchase price.

4316
05:39:29,580 --> 05:39:31,700
86 million. 86 million.

4317
05:39:32,980 --> 05:39:35,140
Where are we saving hundreds of millions, John?

4318
05:39:36,300 --> 05:39:38,140
The new building is going to be at least $200 million.

4319
05:39:38,840 --> 05:39:43,680
So that's, okay. So 86, 200, 100, and that's minimum.

4320
05:39:43,780 --> 05:39:46,540
That's minimum. So where's the hundreds of millions?

4321
05:39:46,640 --> 05:39:49,880
120 million, hundreds of millions. That's hundreds of millions.

4322
05:39:50,040 --> 05:39:51,860
It's going to be at least that if not more.

4323
05:39:51,860 --> 05:39:58,440
okay. For an old building with its own series of problems. I don't know I've been in that building for the

4324
05:39:58,440 --> 05:39:59,980
part of the last 15 years.

4325
05:40:00,000 --> 05:40:05,000
And I happen to think it's a great building, so I have no problem with the 101 deal with.

4326
05:40:06,220 --> 05:40:14,700
Any further business? So I think it's worth just looking at what's the square footage, you know, what would estimated renovation?

4327
05:40:14,860 --> 05:40:17,620
It's enough to do anything complex, but it's worth considering.

4328
05:40:18,600 --> 05:40:24,420
Just so staff could do some preliminary analysis and evaluation and report back to the commission.

4329
05:40:24,420 --> 05:40:28,260
And I know that ownership representatives have

4330
05:40:28,260 --> 05:40:35,000
begun their outreach, and we can try to have that information back as soon as possible.

4331
05:40:37,620 --> 05:40:41,160
Is there any further business, you have any further business before the commission?

4332
05:40:41,900 --> 05:40:48,140
I do want to acknowledge staff for the tremendous effort for the MLK parade, several departments

4333
05:40:48,140 --> 05:40:50,020
contributed to that effort.

4334
05:40:50,020 --> 05:40:57,460
So of course, Parks and Rec, but our fire department, police department, transportation mobility,

4335
05:40:58,020 --> 05:41:03,020
as well as strategic communications, I just want to acknowledge the commission for providing

4336
05:41:03,020 --> 05:41:04,500
us with feedback.

4337
05:41:05,540 --> 05:41:10,400
We listened, we observed, we implemented some changes to elevate the experience.

4338
05:41:10,860 --> 05:41:17,860
And so thank you for trusting us to, you know, fine tune our process and how we do these kinds

4339
05:41:17,860 --> 05:41:18,460
of events.

4340
05:41:18,460 --> 05:41:22,960
I also want to acknowledge George Ruska, our Chief Service Officer.

4341
05:41:23,380 --> 05:41:29,180
He was recognized by the YMCA over the weekend for all that he has done for our city

4342
05:41:29,180 --> 05:41:34,240
in terms of volunteerism and engaging the community so shout out to George.

4343
05:41:34,980 --> 05:41:35,240
Thank you.

4344
05:41:35,520 --> 05:41:36,260
Very good.

4345
05:41:36,840 --> 05:41:37,500
Congratulations, George.

4346
05:41:38,840 --> 05:41:40,380
City Attorney, do you have any report?

4347
05:41:40,980 --> 05:41:41,520
Thank you, Mayor.

4348
05:41:41,760 --> 05:41:44,220
I have a request for a closed door session, please.

4349
05:41:44,220 --> 05:41:49,460
to depend your direction on a matter of Jane Grassey Osso versus the city for next

4350
05:41:49,460 --> 05:41:54,020
commission meeting February 3rd. We would I'll be in attendance, including all of you,

4351
05:41:54,100 --> 05:42:00,980
myself, City Manager for Cal Williams and outside Council Scott Alexander. We request approximately

4352
05:42:00,980 --> 05:42:06,900
30 minutes. Okay, very good. Is there anything further? No. Meeting your jury.