[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:00] A closed door session, as we turn from dinner, and we now, is my mic not working, is it working okay? All right.
[0:13] This is not a carnival. This is a city commission meeting. So please don't yell while someone else is talking. Thank you.
[0:21] So the closed door session is now concluded and the public meeting is now reopened.
[0:27] uh... at this time i'd like to recess the conference meeting and open the regular meeting
[0:40] and with that i'd like to invite everybody to please rise at the join in the
[0:46] pledge of allegiance
[0:47] and in doing so i'd like to invite ashley san germane
[0:50] julia san germane
[0:52] for windy Vincent and roost surely a jean marie to join me at the podium so we can
[0:57] together recite the pledge of allegiance
[1:14] good much to be here come over here
[1:17] You all know the pledge of allegiance. Let's say you're going to put you right hand on your heart
[1:22] 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
[1:32] It's all up to
[1:38] I
[1:49] Okay.
[1:52] Hello.
[1:53] Hello.
[1:56] Now are your families here?
[1:57] You're your mom, your dad, or any of your family with you tonight?
[2:00] No, no.
[2:00] They're not with you.
[2:01] No relatives.
[2:02] Nobody can't but you're to know it.
[2:05] I don't want to add.
[2:06] I can't.
[2:07] I don't want to add.
[2:09] You want to add.
[2:09] You want to take a picture with us?
[2:11] Just what are little.
[2:12] What's the one on ladies tonight?
[2:13] Who said to pledge?
[2:15] Please join them.
[2:18] Just in.
[2:18] Okay.
[2:33] Ready?
[2:34] We're all looking here.
[2:35] One, two, three.
[2:36] We're going to do one more at one, two, three.
[2:40] Perfect.
[2:41] Thank you.
[2:41] Thank you.
[2:41] Thank you so much.
[2:42] Thank you for coming.
[2:43] I appreciate it.
[2:44] We have a little gift back for you, okay?
[2:47] You're welcome.
[2:48] Thank you.
[2:52] Thank you.
[2:52] Thank you.
[2:53] Thank you.
[2:54] Thank you.
[2:56] Thank you.
[3:01] Okay.
[3:03] So for those of you are here for the first time.
[3:06] Welcome.
[3:06] We appreciate your attending. We're going to take things a little bit out of order. First of all,
[3:11] I teach to let you all know that we did not finish our conference meeting this afternoon.
[3:15] We had one more item left. So I'm going to reopen that conference meeting.
[3:19] We're going to have the conversation regarding that.
[3:22] Then we're going to suspend the conference meeting.
[3:25] And we're going to come back to the regular meeting.
[3:28] And at that time we're going to take out of order the issue regarding the, the, the,
[3:36] uh, uh, uh, uh, what's the word I'm thinking of?
[3:39] The, uh, uh, uh, the, the, the, the bar issue.
[3:43] And, uh, so we'll take that out of order.
[3:45] 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.
[3:49] So we'll take that up front and then that way those who need to speak will be able to speak tonight
[3:54] and be able to get back to your families.
[3:56] But before we go back into the conference meeting, we have a few presentations that I like to make.
[4:02] But before we even get there, we add a normally at our meetings, and we ask everybody's share in a moment of silence,
[4:08] which we'd like to do right now. Thank you.
[4:22] Thank you.
[4:26] Also, I can do this later at the retirement.
[4:29] Okay. So, Mr. Clerk, please call the roll.
[4:36] Mr. Glasman, here, Commissioner Beesley-Pimman.
[4:38] Here, Commissioner Sorenson.
[4:39] Here, Mayor Trentals.
[4:41] Here.
[4:41] With regard to the agenda, we have OFR-2,
[4:44] the only revision exhibit six resolution
[4:47] the header was revised.
[4:49] Other than that, do I hear a motion
[4:50] to approve the minutes and the agenda as amended?
[4:54] Second.
[4:54] Move the second, please call the roll.
[4:58] Vice Mayor Herbs?
[5:00] Mr. Glasman? Yes. Mr. Beesley Pippman? Yes. Mr. Sornson? Yes.
[5:03] Mayor Trentals. Yes. And the minutes and the agenda as amended are now approved. So we have
[5:09] of, we have three presentations tonight. First, like to invite Susan Leone, our chief
[5:13] education officer to the podium, who's going to present to the Fort Laurel High School Innovation
[5:17] Zone Student Recognition. Susan? Good evening and thank you. The City Manager's office in the City
[5:26] of Fort Lauderdale recognizes that acknowledging and valuing students can significantly increase
[5:31] their self-esteem and their self-confidence. Recognition and power students
[5:36] do more fully engage in their education and in their community. This student recognition
[5:41] program is based on the eight essential core character traits, as identified after extensive
[5:48] public involvement by the Barrett County School Board. Those eight essential core character
[5:55] our cooperation, responsibility, citizenship, kindness, respect, honesty, self-control, and tolerance.
[6:06] 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.
[6:16] So from Bayview Elementary School, I'd like to welcome Mary Wallace.
[6:24] Mary is fifth grader at baby elementary school who demonstrates her remarkable blend of academic excellence and exemplary character.
[6:33] She exhibits strong leadership qualities and is one of the morning school morning announcement anchors at her school
[6:41] and shows a strong passion for science and is an active participant in the STEM program in Broward County, so congratulations, Mary.
[6:54] Okay, now we're going to move to Bennet Elementary and Beatrice Magumbay Anabha.
[7:04] Beatrice as a fifth grader who just arrived last school year and has already become a bright light on her campus.
[7:11] She is fluent both in French and English and is courteous, respectful and enthusiastic with their students and anyone she meets.
[7:18] She enjoys playing golf and tennis, and wants to become both a lawyer and a model.
[7:25] She has been heard saying if it is not the right thing to do, I don't do it.
[7:35] Next up from Harvard Elementary School, we have Jewel Seagull.
[7:43] Jewel is a fifth grade student who demonstrates outstanding respect, responsibility, fairness,
[7:50] caring, citizenship, and a consistent basis.
[7:54] She is the leader in their peace-rangers group
[7:57] and actively promotes kindness.
[8:00] Her ability to lead by example,
[8:03] encouraging inclusivity, inspires her classmates
[8:05] and is a true role model in her school, congratulations.
[8:13] From north side elementary school,
[8:15] we have Grace Miriam Castro Rivera.
[8:25] Okay, we'll wait and see if Grace comes.
[8:28] We're going to move on to Walker Elementary School
[8:30] and Brandon's so home.
[8:36] Brandon is a fifth grader at Walker Elementary School
[8:39] and is an outstanding student
[8:41] who consistently demonstrates excellence
[8:43] in every aspect of his life.
[8:46] He approaches challenges with integrity
[8:48] and sets a strong example for others.
[8:50] Congratulations, Brandon.
[8:57] Next from Sunrise Middle School,
[8:58] we have Zoe Williard.
[9:04] Zoe is an exceptional young lady at Sunrise Middle School who demonstrates
[9:09] all of these core character traits and has a smile that can light up a room and is a
[9:14] leader among her peers. Congratulations Zoe.
[9:22] Also, we have Gregory Johnson.
[9:28] Gregory
[9:29] is an eighth grader at Sunrise Middle School who is new to us this year and is only
[9:33] been here for five months yet is made himself one of the top students at the school,
[9:39] congratulations to Gregory.
[9:46] From Fort Lauderdale High School, we have Josiah Defoglubber.
[9:57] Josiah has been the student class president.
[10:00] 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.
[10:15] 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.
[10:23] She also participates in the Cambridge Program and embodies what it means to be an outstanding student, congratulations to Hayes.
[10:35] From Widen Rogers Education Center, and Nayet Young,
[10:44] a Nayet possesses a truly remarkable blend of leadership and service and is a natural collaborator and communicator,
[10:50] and has honoured skills on the debate team and as part of student government association.
[10:56] She understands the importance of presentation, teamwork, and grace, and has a creative eye in the student photography club, so congratulations to Anaya.
[11:13] Now is photo op time.
[12:33] Where's Ellen?
[12:38] All right, that was great.
[12:40] 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.
[12:49] like to invite the principal Aaron Brown assistant principal Edward Rodriguez athletic director
[12:56] Timothy Lawrence head of swimming and diving coach Adam Drucker diving coach Greg
[13:02] boardman and members of the Fort Lauderdale High School diving team.
[13:16] So while we wait for everybody to come up here I've been informed that our own Mr. Bob
[13:20] our assistant city attorney won this back in 1966. So wow, there's a long tradition of this.
[13:29] So, but that's it. It wasn't open until 1965.
[13:32] But you got to remember Bob was also a lifeguard for the city. I think when he was like 14.
[13:36] Yeah. Good, good, good opportunity there.
[13:40] Well, thank you everybody. So in recognition of the Fort Lottodale High School diving team,
[13:44] 2025 F-H-S-A-A-A-Class III state champions.
[13:50] Whereas, Fault Lododale High School has a proud tradition of academic and athletic excellence,
[13:56] fostering student achievement through leadership, discipline, and sportsmanship.
[14:01] And whereas the Fault Lododale High School dive team delivered an outstanding performance
[14:06] at the Florida High School Athletic Association State Swimming and Diving Championships
[14:10] held in O'Cowla, Florida, showcasing exceptional talent, preparation, and perseverance on the
[14:17] state's highest competitive stage. And whereas, O'Cowla, the high school achieved a historic
[14:23] sweep of the class 3A diving titles, demonstrating dominance and depth with its diving program
[14:28] and affirming the school's reputation as a leader in inter-scholastic athletics. And whereas,
[14:34] Well, a lot of their high school junior West Pocker. I hope I pronounced it right captured the class 3A boy state diving championship
[14:42] earning first place with an outstanding score of
[14:46] 563.40
[14:48] How am I clap?
[14:55] And senior Aiden for rank. I hope I got that one right capture the class
[15:00] S3A State Diving Championship with a winning score of 455.45. Again, there we go.
[15:11] Together exemplifying exceptional
[15:12] skill, focus, and poise under pressure while solidifying fought low to the high school suite of the
[15:18] class 3A diving titles. And whereas, senior, Sophia, Cabaretta earned state runner-up honors with an
[15:33] us through determination and competitive spirit.
[15:36] Come on.
[15:37] Sit.
[15:41] And whereas senior ginger boardman plays 6th in the class 3A diving competition, further
[15:47] strengthening Fort Lottodale High School's commanding presence at the state meet.
[15:51] Come on.
[15:52] There we go.
[15:54] All right.
[15:57] And whereas the accomplishments of the Fort Lottodale High School dive team reflect the
[16:01] dedication of its student athletes, the leadership of its coaching staff, and the unwavering
[16:06] support of families, educators, and the greater school community.
[16:10] And whereas the City of Fort Lottodale is proud to recognize the Fort Lottodale High School
[16:14] Diving Team for its exceptional sportsmanship and representation of the city on a statewide
[16:19] level.
[16:20] And by the way, my daughter graduated Fort Lottodale High School.
[16:23] So let's go, guys.
[16:24] Now, therefore, we as City Commissioners at the City of Fort Lottodale do hereby proclaim
[16:30] January 20th, 2026 as Fort Lottodale High School Diving Team Day.
[16:35] In the city of Fort Lauderdale, and encourage all of our neighbors to join us in congratulating
[16:40] Principal Erin Brown, Assistant Principal Edward Rodriguez, Athletic Director, Timothy Lawrence,
[16:46] Head Swimming and Diving Coach Adam Drucker, Diving Coach Greg Bordman, and the Flying
[16:51] Hills Diving Team on their title winning performance at the FHSAA Class 3 stage championship
[16:58] day to this 20th day of January 2026, signed by our Mayor Dean Jay Tranthales.
[17:04] Congratulations, everybody.
[17:18] Guys, guys, come in.
[17:21] Okay, let's listen.
[17:23] Come in.
[17:58] We'll give you back for that, sir.
[18:01] Thank
[18:05] you, Vice Mayor.
[18:06] Now I'd like to invite Louisa Agathon,
[18:09] who's the neighborhood support division manager
[18:12] to introduce to us and recognize the 14th graduating class
[18:17] of the Neighbor Leadership Academy.
[18:19] Good evening, Mayor.
[18:21] commissioners, neighbors, Luis Agathon with neighbor support and to tell you a little bit more about
[18:27] neighbor support and our neighbor leadership academy is Jordan Wingey.
[18:32] Good evening mayor, vice mayor, commissioner staff and neighbors. Actually, before I start,
[18:37] can I have the class come up and send it to the front please?
[18:50] Jordan Wingey on behalf of neighbor support
[18:51] to congratulate the 14th graduating class of neighbor leadership academy. The neighbor leadership academy
[18:56] let's neighbors experience a six-week curriculum where they learn about how the city operates
[18:59] and interact with commissioners and gain an overall insight into the world of local government.
[19:04] After the six-week curriculum participants volunteer their time and ways to improve their communities.
[19:09] Class 14 hosted an empowerment village with the goal of providing resources from local community
[19:13] organizations. These resources included job opportunities, toys for kids, family advocacy,
[19:19] book giveaways and household cleaning supplies. The neighbor leadership academy began in 2017
[19:23] and as of today, we'll have graduated 267 graduates.
[19:28] This is possible because of the support from the Council of Fort Laudio Civic Association,
[19:31] the City Commission, City staff, and neighbors for volunteering their time to learn more about our great city.
[19:37] I'd like to welcome one of our graduates Jose Ragero, if you don't mind coming up,
[19:42] to share his thoughts about the program.
[19:44] District 1 resident.
[19:49] Good evening.
[19:51] I'd like to, on behalf of our team, thank the city for this opportunity,
[19:56] which is amazing and in many ways
[20:00] 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.
[20:14] 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.
[20:26] 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.
[20:35] Thank you.
[20:35] Thank you.
[20:41] Thank you.
[20:41] Thank you.
[20:42] Jose and class 14.
[20:43] I look forward to seeing you all become future community leaders and congratulations to class 14.
[20:47] Very nice.
[21:56] And if you want to sit up here for the rest of the night, just let me know.
[22:03] Okay.
[22:04] All right.
[22:04] 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.
[22:18] So,
[22:27] yeah, folks, there's plenty of seats in front here.
[22:30] You're welcome to sit as people leave the meeting.
[22:41] Okay, business too.
[22:42] Presentation of the Fort L'Oreal Executive Airport's history,
[22:46] economic impact, revenue, capital improvement plan,
[22:49] and leasing policy, city manager.
[22:52] Mayor, we have airport director, Rufus James,
[22:55] for my presentation.
[22:57] Good evening.
[22:58] Good evening, Mayor.
[22:59] by smair commissioners. And to be at the presentation. Okay.
[23:12] As it's coming up,
[23:14] a Rufus James airport directed at the Fort Waterdale Executive Airport.
[23:18] I want to thank you in advance for this opportunity. I know it's often you hear great things about
[23:22] the airport. Not necessarily from me, but from the operators, the users and so forth. So I'm
[23:27] grateful for the opportunity to share with you the past, the present, and to seek feedback on what our
[23:33] future is going to look like at the executive airport.
[23:39] So we'll look at briefly the vision and mission, providing airport overview, look at our economic
[23:44] development, airport revenue, capital improvement plan, our leasing policy, transaction fee,
[23:51] and challenges.
[23:53] Vision of the airport is to be the best general aviation airport in the nation.
[23:57] And our mission is to track businesses to the area, help those tenants prosper, and also
[24:02] benefit to the community. Going back to 1941, the airport was constructed in preparation for World War II.
[24:12] As most of you know, for his from a history standpoint, there was a military-based
[24:17] naval base at Lauderdale International Airport. Lauderdale Executive Airport, which is known as
[24:22] Prosthic Field at the time, was actually a practice field for those aviators to do
[24:32] here, there are multiple runways that exist in. And for reference purposes, the top part of the
[24:40] picture there is Cyprus Creek Boulevard. To the south is what's known as Prospic Road today,
[24:47] and if you look to the right, you can see the beginning remnants of what is today
[24:52] the inner Miami soccer facility.
[24:58] So we go into the 1960s.
[25:00] 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.
[25:19] And so from those images, you can see residential development, start an encroach and also on the airport, there isn't as much activity.
[25:28] And, again, for reference point, left side of the screen is your, what's known today as Twin Lakes.
[25:39] The right side of the screen, again, I mentioned earlier was Cyprus Creek Road.
[25:46] And to the bottom of the page, again, we can see that Lockhart Stadium and the Yankees Spring Training Facility
[25:56] came into the fold.
[26:00] Now, during the 60s, going into the 70s, the airport did see some of that improvement
[26:07] come along.
[26:09] However, there was limited aviation activity, unfortunately at the time, the airport operated
[26:17] at a loss, it depended on local taxes to prop up the airport.
[26:23] And also what was done and unfortunate at the time, but land was sold in order to generate
[26:31] revenue to take care of some of the capital improvements at the airport.
[26:36] And obviously, as I mentioned earlier, the encroachment of nearby residential
[26:45] areas, forgive me.
[26:46] But interestingly enough, if you look at the picture here over the right shoulder of Yogi Barra is the cab
[26:53] or the air traffic control tower cab that sat on the stadium. Thankfully, going into the 70s,
[26:59] the base building was constructed on the west side of the airfield and they took that actual
[27:05] cab and placed it on the base building. Today we do have a state of the auditor traffic control tower.
[27:14] During the 70s, we did have customs and border protection. We also had our first airport rescue
[27:21] and firefighting equipment at the airport.
[27:25] And thankfully, the decision was made during the 70s
[27:27] to stop selling property, airport property.
[27:31] And to really go into a program
[27:35] that would generate long lasting revenue for the airport.
[27:40] And believe it or not, by the 1980s, early 1980s,
[27:44] 1981 to be exact, the airport experiences first
[27:48] profit in 36 years. Not much, but still something, it was about $70,000. That was generated.
[27:56] What I can't share with you is that since generating that profit, the airport has continued
[28:03] to be operated to operate in the black, not to depend on city general fund anymore. And the
[28:09] money that was borrowed from the general fund back in the 60s and 70s, I can probably say,
[28:15] was paid back to the general fund with interest as well.
[28:19] So today we're no longer a drain on the general fund, thankfully.
[28:24] But at that time, when they were able to generate that revenue, the article is quoted
[28:32] with Bill Johnson, the airport manager at the time, did make reference to the fact that
[28:38] the economy was starting to get better.
[28:39] And so that really made a difference where more developers started coming to the airport to construct hangers, which helped the airports bottom line.
[28:51] Today, we're fully developed.
[28:54] 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.
[29:05] Again, for reference point, north side of the top of the page is Cyprus Creek Boulevard,
[29:11] commercial Boulevard to the south, the well-feel to the left and in Miami's
[29:17] Socus Stadium in place today.
[29:23] The year point is made up of the staff of 22 people that report to our Deputy City Manager,
[29:30] and a part of the City Manager's office, and of those 22 staff members, it's everything
[29:36] from our maintenance staff, administrative staff, our operations team, an airport
[29:41] electrician airport engineer, to maintain the airport and ensure that it's
[29:46] available for use on a daily basis.
[29:50] Certainly, the airport is an integral part of the city's economic business
[29:55] development program and we've accomplished a lot.
[30:00] 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.
[30:11] I was made up of 200 acres. And in that industrial park, you have two million square feet of warehouse and office space.
[30:22] The other thing that we've done to add another two to our toolbox is have a foreign trade zone.
[30:28] The good thing with our foreign trade zone, we're not limited to one location in the county.
[30:33] We can go anywhere in the county to set up a foreign trade zone.
[30:38] Some other economic development points, we are in the top five of the busiest general aviation
[30:42] airports in the country, with the busiest general aviation customs clearance facility.
[30:49] And to be honest, we do fluctuate or go back and forth with FLL that has customs and border
[30:55] protection on the general aviation side of the house. We have four fixed-based operators,
[31:01] 600-based aircraft,
[31:04] a 24-year traffic control tower, and also an on-site 24-hour airport
[31:11] rescue and firefighting facility.
[31:16] So, every four years, the Florida Department of Transportation
[31:19] does an economic impact study of the 129 airports in the state. And FXE from the 1222 study
[31:28] that was done is generating an economic output of $3.9 billion.
[31:33] Payroll is about $1.2 billion.
[31:36] Value added is $2 billion and 23,000 jobs
[31:40] approximately are supported by the airport.
[31:43] Now to demonstrate to you how much growth has happened
[31:46] at the airport in the last 10 years.
[31:49] In 2014, that economic impact was that about $839 million.
[31:53] 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.
[32:13] 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.
[32:23] So the airport is definitely a major economic engine for the city and the county.
[32:29] And of course, we do like to keep tallies and you can see from this list here,
[32:35] FXE is ranked number seven out of the 129 airports for greatest economic impact.
[32:40] and so forth. And those airports that are on this top 10 list are all commercial service
[32:46] airports. FXC is a general aviation airport. We do not have commercial airlines at that
[32:52] airport. So a real testament has to what goes on at the airport. So how do we generate revenue?
[33:00] And before I go into that, it's worth noting that back in 1947 when the airport was needed to the
[33:08] It came with strings attached and the FAA has what's known as grant assurances, which basically
[33:15] ensures that the airport is able to remain self-sustaining.
[33:20] And there are a total of 40 grant assurances.
[33:24] So typically there are these five that typically can get airports in trouble if they don't
[33:30] adhere to these grant assurances.
[33:33] uh... granite sure it's number five preserving rights and powers
[33:37] granite sure it's twenty two and twenty three kind of go hand in hand uh... typically
[33:42] you will have
[33:44] a violation of one with the other because there's some exclusive right that's
[33:49] been given to one entity
[33:50] or you may have discriminated against another entity from coming on to the
[33:54] airport and conducting business
[33:57] granite sure it's twenty four
[33:58] you feed in rental structure it's keeping that standard
[34:01] 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.
[34:17] Today, as we look forward to the 2020 6 fiscal year, the revenues that we generate, it's about $13.3 million.
[34:26] And that derives from 37 leases, 17 of those aviation, 20 or non-aviation.
[34:36] We also have other revenues from fuel flowage fees, the foreign trade zone fees, and other
[34:41] city leases at the airport.
[34:43] Our expenses are about 10.3 million for 26, and that's made up of personal services, operating
[34:52] expenses, and capital outlay.
[34:57] We've been very fortunate over the years to be able to.
[35:00] 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.
[35:14] 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.
[35:23] 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.
[35:37] 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.
[35:52] looking into the future five years out and this is how we typically plan our
[35:58] capital improvement projects. It is through a 20-year master plan, but every year
[36:04] we do meet with the FAA and DOT to look at that five-year outlook of what
[36:09] projects we have to complete and what funding is available as well. And so in the
[36:15] previous slide you'd have seen that the airport had about maybe three million
[36:18] dollars of expenses that would have gone into the capital projects and so forth.
[36:25] And as you can see with this slide, it's now at almost $9 million over the course of the
[36:30] next five years.
[36:33] What we do anticipate from getting from the Florida Department of Transportation is the
[36:43] FAA, it's about $25 million.
[36:46] Now, we've learned lately that's not a guarantee.
[36:50] We can only hope that the funds are available
[36:53] at that time.
[36:57] So, as we seek feedback,
[36:59] there are challenges that we're gonna encounter in the future.
[37:05] The previous year's have been great.
[37:07] Like I said, having the ability to leverage grant funding,
[37:11] It has really made a difference for the year port, but some of the challenges we're facing
[37:18] in the future are sponsors or assurances.
[37:22] We do have FAA and FDOT grant funding, which we've been advised don't expect it to be what
[37:29] it has been in previous years, and also the financial sustainability of the year port, cost
[37:38] of city services, construction costs.
[37:41] We know that, of late with the onset of COVID five years ago,
[37:46] construction costs went through the roof.
[37:50] We have service delivery challenges, the economy,
[37:55] fuel prices, always fluctuating,
[37:59] and advanced
[37:59] mobility.
[38:01] Yes, it's coming, and the concern is, how is it going to
[38:06] interact with existing traffic that normally operates at the airport.
[38:09] And of course, the FAA FDOT compliance that we have to adhere to.
[38:17] Some other concerns that we have are potential loss of revenue as it relates to our
[38:22] budget and so forth.
[38:24] Typically, with leases, they've run about 30 years for aviation tenants.
[38:31] The non-agation tenants, it's about 50 years.
[38:33] And we are in countering a scenario where, as Lisa's
[38:41] revered back to the airport, the improvements
[38:43] revered back to the airport as well at that point.
[38:46] And so tenants typically pay what I call the dirt rent
[38:53] if you will, but it's the underlying ground.
[38:56] And it's usually pennies on the dollar.
[38:58] But over time, that does increase.
[39:01] However, one of the things the airport does depend on is reversion rent and what we've been experiencing
[39:09] the last few years with the reversion rent.
[39:13] In some instances, if a tenant decides to tear down those improvements, then that reversion rent doesn't exist anymore.
[39:22] 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.
[39:29] 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.
[39:40] And then they tear it down. Do they need our permission since it's our property once it's built?
[39:46] Now, should that be included in the lease?
[39:48] And this is some of the things that we want to address in the lease.
[39:53] It's coming up with different approaches to ensure that the airport will remain financially sustained.
[40:00] Okay. Thank you. So, what we are proposing is the leasing policy, which should help with maximizing
[40:09] airport revenues, ensuring compliance with deed obligations, ensuring policies are satisfied,
[40:17] implement in protection from detrimental uses, ensure equitable treatment of current and future
[40:23] lessies and most importantly, mitigating the exposure to risk.
[40:29] So, one of the things we are considering and it's not new to the industry but a transaction
[40:35] fee.
[40:37] As I mentioned, there is a trend that's popular now in our industry such that you have companies
[40:44] buying up smaller companies at different airports and will sell them for if not hundreds
[40:53] millions of billions of dollars. And so we have missed out on that opportunity with the
[40:59] couple of least transactions that have happened not just on the aviation side, but as well
[41:04] as on the non aviation side. And the intent is to apply a transaction fee. That'll add a minimum
[41:12] capture some of those losses if it's a case where a new tenant comes in decides that the
[41:23] and recapture that reversion rent and so forth.
[41:29] As I mentioned, it's not new to the industry.
[41:31] We've added this language in two of our leases so far.
[41:35] There were no issues from the tenant.
[41:37] The tenant's actually admitted that,
[41:39] well, if they do have to sell,
[41:42] they're not the ones that are going to pick up
[41:43] that transaction fee, it's the buyer who will pick that up.
[41:49] So we're looking to apply that transaction fee
[41:52] moving forward in all the leases. And it's to understand that the transaction fee
[41:58] is derived from the sale of the lease. Again, these leases are being sold for double digit
[42:05] if not triple digit millions of dollars. And the airport doesn't benefit from that at all.
[42:12] An example of several airports in the state of Florida that have done that,
[42:16] you have Tallahassee at 2% transaction fee. But some of the other airports have taken it a bit
[42:22] for an even included verbiage or terms
[42:26] that would reset the lease terms actually impose
[42:31] an negotiate that transaction fee at the time of the sale.
[42:37] With what we're proposing,
[42:38] it gives the up front knowledge
[42:43] understanding of what that 4%
[42:46] dollar figure would work out too.
[42:48] And, you know, one other situation where I know Opalaka had done the same thing of using a transaction fee.
[42:58] And what that came about with Opalaka was they did a lease with a developer.
[43:06] Three years went by, nothing was developed, the tenant sold the lease, made millions of dollars, and Opalaka never saw a dime of that.
[43:14] So Opalaka went to the transaction fee and later applied
[43:19] a opportunity fee, if you will.
[43:21] Rufus, quick, we go back to that for one second.
[43:23] So one of the things you were talking about previously
[43:25] with the FAA is that we're required to treat all tenants equally.
[43:29] How could they have varies on their fees?
[43:32] That's I'm reading that.
[43:33] So you're showing that Miami, Opalaka,
[43:36] basically they make up a different fee for every tenant.
[43:39] Same thing with Northeast Florida.
[43:41] It's not a different fee.
[43:42] there's the, they use what's called an opportunity fee,
[43:45] and it's based on the investment that's being made.
[43:49] I'm sorry, not every 10, I understand it.
[43:51] So not every 10, it will come into Oprah Lockett
[43:53] and build 10, 20,000 square foot hangers.
[43:58] You may have a 10 or develop that,
[43:59] I'll come in and just build one hanger.
[44:02] So they have that as varying because not every 10,
[44:07] that is coming to the airport
[44:08] is making the same type of capital investment.
[44:13] So you're saying that the fee varies based
[44:16] on the level of capital investment.
[44:17] In other words, it's a tiered fee based on capital investment?
[44:20] Yes.
[44:21] Do you have what those fees are?
[44:23] No, I don't.
[44:24] What I do have, and I got to dig into it,
[44:28] is Obelok, it does have a rate and fee policy.
[44:33] As I've gone through it, I haven't seen exactly
[44:35] how they tiered it.
[44:37] The next step is to actually try to get copies of those answers to see how it's spelled out in those individual leases.
[44:46] Okay, what about Northease Florida Regional Report?
[44:50] Northease Regional, let's see.
[44:55] And so with these varies, when we reached out to these airports.
[45:00] It was not wanting to divulge as much information, and so they would just, you know, generic and saying,
[45:07] it varies. So I don't find this very helpful, right? So if we're trying to compare your 4% to the transaction fees,
[45:15] at other airports, the only one I can compare it to is tele-hassing international airport where you've got a transaction fee.
[45:20] So I know what it is. The rest of this information is for purposes of comparison basically useless.
[45:27] I don't know what Boka has, I don't know what Brooksville has, I don't know what Fernandina has,
[45:32] I don't know what Miami has, I don't know what Northease Florida has, I mean, all this information,
[45:36] like you say they're like reluctant to give it to you, it's all public information,
[45:40] I don't know why they're reluctant, you guys have been working on this for months now,
[45:43] I expect the more specificity here so that we can make an informed decision.
[45:48] So please try and get that information so that we can actually know what it is we're looking at,
[45:53] this doesn't help me understand what we're comparing ourselves to.
[45:58] Yeah, and I understand Vice Mayor, and it's important additional information when I can
[46:03] share with you as well, and reaching out to some others, one thing that was shared with me was,
[46:11] yeah, not every airport will set the same rate, right?
[46:16] Someone actually admitted that they're working with an airport right now,
[46:20] And that airport is talking about six to eight percent, um, they wouldn't
[46:25] dive those to me, which airport that is because that airport is still negotiating that.
[46:30] But how does that import though with the FAA's requirement that all tenants be treated equally?
[46:34] I don't understand that. If that's a, if that's a, a one of your five governing principles
[46:38] of the FAA's lease requirements, how do they just sort of make it up with every tenant?
[46:43] I don't understand. It's negotiated.
[46:46] If it was the case that had violated those
[46:49] grand assurances, then yes, the FAA would go in and investigate and put that
[46:56] airport on notice to correct the discrepancy.
[47:02] Yeah, but assuming the least terms don't have to be exactly mirrored.
[47:07] Of course, least terms you can should be such that it doesn't give one tenant.
[47:13] The advantage over another. And so an example, as we talk about terms,
[47:19] Again, a tenant who will come in and build one hanger shouldn't get a 30-year lease term.
[47:26] All right, because the capital investment just isn't there, right?
[47:29] However, someone who's coming in with more capital investment naturally would give them a 30-year lease term.
[47:37] But everybody who's spending everybody who's building one terminal should have the exact same rate structure.
[47:42] Everybody who's building 10 terminals should have the same rate structure.
[47:46] In other words, everybody who's similarly situated should be treated the same.
[47:49] People who are in different categories of investment, I understand what you're saying there.
[47:53] If you're in a $10 million tier versus a $100 million tier, you can make a credible
[47:58] argument that you would have a different race structure.
[48:01] That's, I think, I think the FAA would probably be amenable to that argument, but anybody
[48:07] who's investing $10 million should have a comparable race structure, such that they are
[48:12] then treated equally.
[48:13] 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.
[48:25] And yes, similarly situated was the question, and outside council actually indicated that it shouldn't apply.
[48:35] 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.
[48:53] 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.
[49:01] 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.
[49:21] So we are confident in the advice that this outside council provides and not to be led down
[49:30] a path of uncertainty and so forth.
[49:36] Bruce, I have a question, please.
[49:38] This transaction fee does this apply to both aviation lease and also non-aviation?
[49:46] That is the intent.
[49:47] So when we're able to add new terms to a lease,
[49:51] it's when there are changes being made to the lease.
[49:54] Our non-aviation tenants, as I mentioned,
[49:58] have 50 year terms.
[50:00] And back in the 1980s, there were more favorable terms that were provided. Options takes then 25 years, in addition to the 50 years.
[50:10] 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.
[50:23] and sell it to the tenant.
[50:31] So, some of the things we've done,
[50:34] and this is before my time, obviously,
[50:36] but rather than giving those options with no other terms,
[50:40] what has changed is when you get that option now,
[50:45] and you're ready to exercise it,
[50:48] we now do an appraisal of the property,
[50:50] and again, it's just the underlying ground,
[50:52] And based on that appraisal, when you exercise at option, that's your new rent, right?
[50:58] So, that was a good move because, yes, today we have several leases that have long-term,
[51:06] and the revenue that's being generated is very minimal because the terms that was done back then
[51:13] are clearly different from what we've done today to put the airport in a better position.
[51:18] If I'm a question to city manager, so we have a lot of leases, non-apport leases, do we charge
[51:25] a transaction fee on any other lease that we do in the city?
[51:29] If there's a transfer lease or renewal lease or extension lease, like take the fort, right?
[51:35] So we just did a lease with the fort.
[51:37] Did we charge a transaction fee when we did a lease with the fort?
[51:41] I'm not sure of the specifics of all the terms in the fort agreement, but the recent new
[51:46] are trading post agreement included a transaction fee and that was approved by the commission
[51:50] I think at the last meeting.
[51:52] Did we discuss the trend?
[51:54] So the challenge I had, and I've communicated this with you, is that, and the reason I wanted
[51:59] to have this discuss is that if we're imposing transaction fees, you know, that is a commission
[52:04] policy decision.
[52:06] And I don't remember if we're having a discussion like this about the imposition of fees for
[52:13] that purpose.
[52:14] So again, I don't remember us ever having a discussion about when we impose fees on our tenants and any of our properties.
[52:24] We've got a lot of leases in the city to Rufus's point.
[52:29] 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.
[52:39] So with the fork, for example, conceivably, somebody may come in and purchase the
[52:45] lethal dentures from the existing developer at some point in time.
[52:49] I'm curious as to whether we would anticipate a similar scenario to what Rufus is describing
[52:54] and say, well, you know, a new developer is coming in, they're going to buy out the lethal dentures.
[52:58] We want to get paid.
[53:00] Is that what we're going to say is our policy every time we go forward that, you know,
[53:04] We're going to expect our 4% every time a transaction takes place.
[53:10] I just want to understand what we're trying to do here.
[53:14] Your concerns are well taken.
[53:18] Rufus is mentioned what our intent is.
[53:20] I just want to clarify that we have two leases approved by the commission that include the
[53:26] 4% transaction fee and those leases were approved into 20.
[53:30] Right.
[53:30] us there's nothing in that backup that describes the fact that there was an
[53:33] imposition of a fee you couldn't find that if you're if you're like to
[53:36] depend on it and and during my tenure as city manager the transaction fee
[53:41] in the last lease that was brought before the commission included it in
[53:46] the backup and the commission agenda memo and it was described in the
[53:50] background section it was in the new river trading post the new
[53:58] one so we're discussing with that that's correct commissioner so staff normally would
[54:04] summarize at least or terms of the lease there has been no requirement as to the expansive
[54:13] requirements in terms of that summary and so in 2023 it did not appear as though the
[54:20] cam incorporated the transaction fee but it was a part of the back-up materials and the exhibits
[54:25] We are describing these terms now and going forward and any least that's negotiated.
[54:33] I consider the transaction fee to be a salient term that should be incorporated in the
[54:39] commission agenda memo so that it not only is listed in the backup but also in the memorandum.
[54:47] So going forward that would be the position I would take.
[54:50] In addition, in my experience, we have seen transaction fees and other leases, I've worked in other cities where a transaction.
[55:00] Section Fee is a customary part of doing business and it's part of ensuring the economic sustainability of the city.
[55:09] It's something that is based on policy direction.
[55:13] 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.
[55:26] but it is not something that is very novel and so any lease coming forward to the city commission
[55:34] I think it should be expected that all opportunities to generate revenue would be included
[55:41] except that the commission may say this is not something that we want to do.
[55:46] So thank you, Rickel, and that's part of why I wanted to have this discussion for my colleagues up here
[55:51] because this is an entirely new direction for us and it may be one that, you know,
[55:55] everybody is amenable to. But I think it's one that merits a larger discussion. I don't think
[56:00] it should be limited just to this. So I think I hate to think we're leaving money on the tape.
[56:04] No, I agree here. Absolutely. I think this is something we need to think about. It depends
[56:09] on the kind of action. Joe, I think we should think about this more holistically. Mayors, this
[56:15] going to be our policy that we're going to encourage. I don't think we should cherry pick and say,
[56:20] look, you know, we're going to do it to this tenant, but we're not going to do it to that tenant.
[56:23] I think if we want to impose transaction fees as a policy, we should say, yeah, we think
[56:28] this is a great idea.
[56:29] We want to maximize revenue, and because I'm a big believer in mayor in that we treat
[56:33] people uniformly.
[56:35] I don't think we should pick winners and losers when we start imposing fees on people.
[56:40] I think we should say that this is our policy that we're going to charge fees.
[56:43] And I'm okay with that.
[56:45] I have just me.
[56:45] I have no problem with making sure that we're maximizing our revenue, but let's do it
[56:50] a uniform transparent manner where everybody knows what the ground rules are when they come
[56:55] to do business with the city. We don't change the, we don't change the rules halfway through
[56:59] the game. Okay, so city manager, haven't, then we charge a transaction for you for the last two
[57:03] leases? Yeah, that's like, see, those are approved in 2023. Yes. Right. No, my point to this, my point
[57:09] commissioner is that when those leases came to us for approval, it wasn't disclosed. I didn't
[57:14] know about it, but but staff knew to impose them. Right. But we didn't sell them to the
[57:18] It was included the least it's shared with the mission as an exhibit in the back of material
[57:24] With no markups, so there was no there was no there was no way to know that this was a change to the least
[57:29] 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
[57:34] Okay, all right, let's move forward. It's
[57:40] 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
[57:47] 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?
[57:55] Oh, that's, that's, that's, isn't that a ballot point?
[57:57] That's part of talking with the city attorney city manager to say, hey, what's changed on this?
[58:02] Let me talk with them and they never informed me that they did it.
[58:05] Oh, okay, no, no, go.
[58:07] 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%.
[58:16] So, obviously, this is going back 2021, 2021, 2022, attending a conference, and it was the FAA that
[58:25] used that example of Opalaka and said airports. You can't allow this to happen. You should add
[58:32] a minimum use 4%. And the position of the 4% was considered a commission, if you will, on average
[58:42] commissions are about 4% on transaction deals.
[58:46] So that's how that came about.
[58:48] And so, like I said, we've done it with two other leases, and for the record, I just
[58:53] want to add that it wasn't something I just came up with with my own.
[58:57] When I put leases together, the city attorney is involved, but also, at that time, I reported
[59:05] to the city manager's office, and so when leases come to, tennis comes to the airport
[59:10] to renew leases, update their leases, I pretty much outlined for the City Manager, hey, here's
[59:18] what we're considering. If you feel you want to do more, let me know if this is satisfactory,
[59:24] then I'd like to move forward with completing the lease.
[59:26] So in other words, you brought this to the City Manager,
[59:29] City Attorney, reviewed it with all of them. Yes, there's changes we're making.
[59:33] Here's what I'd like to do. Okay. Yeah. And there's been other instances where there was
[59:37] to discuss at the airport advisory board? Not the transaction fee. Okay. So typically the airport advisory
[59:43] board that would have been the ones that are kind of reviewing these things. The advisory board
[59:48] at the airport that are experts in this kind of stuff that we would typically run this by
[59:52] before we make any substantial policy changes. Didn't know about it. Okay. Okay. I just, uh, I just-
[1:00:00] I'd like to just finish my other questions. Thank you.
[1:00:03] These other airports do any of them institute a cap on the dollar amount for these transactions?
[1:00:10] I don't think so.
[1:00:11] None mentioned a cap.
[1:00:12] No, caps.
[1:00:13] And then also last question, any kind of tiered system at the other airports, in terms of either
[1:00:19] the scope or the dollar amount?
[1:00:21] No.
[1:00:21] None that we were mentioned.
[1:00:23] Okay.
[1:00:23] Thank you.
[1:00:24] And so I'll add the flip side of my recommendation to the city manager when we
[1:00:29] doing these leases, there's also been instances where the city
[1:00:33] manager was in total disagreement and took another approach such
[1:00:37] as, as I mentioned earlier, at the end of the lease term improvements
[1:00:41] revert back to the airport. And so with the improvement reverting back to
[1:00:46] the airport, we hire an appraiser, we'll walk out, go out to the airport, and
[1:00:52] do an analysis of those improvements returning what they're valued at. And so
[1:00:56] there have been I think it's one instance now where it was no there's not going to be any
[1:01:03] reversion rent just 5% of gross rental receipts. So to give you an idea of what improvement rents
[1:01:11] can generate we have a tenant that was paying $60,000 a year in ground rent. The lease came to
[1:01:20] term, property got appraised, obviously the underlying ground rent would come up to today's market
[1:01:27] rate. But the improvements itself worked out to about $270,000.
[1:01:36] So, in that sense, depending on the value of that infrastructure, that improvement, yeah,
[1:01:44] that's how much money is being left on the table. If we take the position of not charging
[1:01:50] or collecting reversion rent. Any idea over let's just say the last five years how much money
[1:01:57] has been left on the table because we did not have transaction fees. Okay, yes. Between, I'd say
[1:02:06] the last 10 years, I presented to the Commission at least one or two non-erronautical leases
[1:02:13] for assignment. As to the relates the adiation, we've done one transaction that brought a new
[1:02:23] tenant on board to take over existing leases, and so it's in the hundreds of thousands
[1:02:29] of dollars. Thank you. Rufus, can you describe the lease rate reset functionality? So five
[1:02:37] 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.
[1:02:50] 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
[1:03:06] You know, years before the lease comes to term that the tenant may consider re doing an extension and so forth.
[1:03:13] All right. Great. Thanks.
[1:03:15] Yeah. So more or less, it's to ensure that the airport has more flexibility.
[1:03:19] The city is able to not find itself in a predicament where some airports today struggle.
[1:03:24] 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.
[1:03:35] for grant funding from FAA and DOT.
[1:03:40] So we are looking for the recommendation.
[1:03:42] We are providing these recommendations.
[1:03:43] So I'll also get your feedback.
[1:03:45] Mayor Vice-Marion Commissioners and it is to move forward with the
[1:03:49] Beloping and Lease Policy.
[1:03:51] And also it rates and charges policy for review by the
[1:03:55] Aviation Advisory Board and approval by city commission.
[1:03:58] Additionally, a request commission feedback.
[1:04:02] On the inclusion of a transaction feed based on the
[1:04:06] industry examples. Obviously the 4% transaction fee, we can also include a cap of $1 million.
[1:04:15] Negotiate a fee at the time of transaction. And again, I'm not too favorable to that because
[1:04:21] again, I want to be upfront with our tenants so they know what they're dealing with and so
[1:04:26] for if the lease reset with new terms. And even also an opportunity fee. Someone who is interested
[1:04:33] coming to the airport, but haven't able to get to the airport because of our long-term
[1:04:36] leases. Yeah, it's just been impossible. And we constantly get requests from other
[1:04:43] developers and business operators, hey, I want to come to FXC and set up shop, but we have
[1:04:49] no more land available to lease out to these tenants. And so for someone who's looking to come
[1:04:54] to FXC, they decide to acquire a lease. Yeah, there is the potential of a...
[1:05:02] 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
[1:05:30] be reduced drastically.
[1:05:32] It's not my perceived notion.
[1:05:34] It's what DOT and the FAA has presented to us at conferences.
[1:05:41] And obviously one of the ones that is really making a push with DOT right now.
[1:05:47] And you all aware of this, with the verteport industry, there's House Bill,
[1:05:58] there's a state
[1:05:59] he's being directed 100% of grant funding for verteports and advanced
[1:06:04] here mobility. So DOT has advised us previous years were great, but we won't
[1:06:11] be able to provide you as much as we have in the past. So this is just to
[1:06:15] realize that it's not just a transaction fee, but also other means of generating
[1:06:21] revenue for the year for such that we're able to maintain the airport and
[1:06:25] state that it currently is okay those those those bills that's a double edge
[1:06:30] sort of for us because while you're saying that that's gonna take away that can
[1:06:33] also be incredibly beneficial to us for the holiday park garage and by the way
[1:06:37] that's hb-1093 and sb-1362 and for any of my colleagues that have not read
[1:06:44] those I have not read them I'm sorry well you want to get this copy no I'm just
[1:06:48] going to tell you that read light them so we see what the height is that proposed bills
[1:06:52] in Tallahassee right now. We'll basically say that F.W. will cover 100% 100% of
[1:07:01] verteport production. And we are obviously leading in the state. No one else has done what we've
[1:07:07] done in terms of the holiday park garage. Those are incredibly important bills that we must track.
[1:07:13] And we must get our lobby teams behind because we're talking about a 16 million dollar verteport
[1:07:18] on the top of our holiday park garage, but then there are other parts of that legislation
[1:07:23] that could even go deeper and our costs will go way down.
[1:07:27] Well, it was never to be our cost to begin with.
[1:07:29] That promise that there would be completely funded by the company building the
[1:07:33] vertebra port.
[1:07:34] I understand, but eventually we will own that and also that will bring their costs down and
[1:07:38] then in turn that will bring our costs down.
[1:07:40] No, it will bring our costs way down.
[1:07:43] Okay.
[1:07:43] We just have to keep to this subject.
[1:07:45] Okay.
[1:07:45] because we've got a lot going on here tonight and I want to get this a lot of here before tomorrow.
[1:07:51] Good idea.
[1:07:53] So, Mayor before we get to that, I just want to ask a couple of questions of our city attorney.
[1:07:57] So, I know typically we can do fees that are cost recovery.
[1:08:02] Okay, this is not a cost recovery fee because there's been no cost establish.
[1:08:06] It's an arbitrary number that we're picking at a dinner.
[1:08:09] Typically those are not allowed if they're regulatory and nature.
[1:08:12] have you looked at this fee and if you determine whether we are legally entitled to charge
[1:08:17] a non-cost recovery fee and is a appropriate.
[1:08:22] Thank you for that question, Vice Mayor.
[1:08:25] We have external counsel that does a regulatory work with FAA and they have vetted this
[1:08:29] and that was their opinion that this was appropriate and they only consideration and the only
[1:08:34] admonition was that we treat all entities similarly situated equally and so when we're talking
[1:08:40] about structure.
[1:08:41] 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.
[1:08:51] So I'm not, I'm not looking at this from the perspective of regular capacity.
[1:08:55] Right.
[1:08:56] Not for the FAA.
[1:08:57] 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.
[1:09:04] I believe that to be so, but I'll look at that specifically.
[1:09:06] Thank you.
[1:09:09] Okay.
[1:09:10] Disaccomplete your presentation. Okay, we have a number passed by there. Thank you. I appreciate all you're good work and
[1:09:16] You're always looking out for the city
[1:09:18] I have a number of people sign up to speak on this
[1:09:21] I'm not sure if you're all still here, but I'll call your names three at a time
[1:09:25] I'll give you a couple minutes to speak if that's okay
[1:09:28] and I'll begin by
[1:09:31] Neal
[1:09:32] Signsack
[1:09:34] Symsack
[1:09:34] Neal you here?
[1:09:36] Nope
[1:09:38] Robert
[1:09:40] Letmen, Robert, followed by Don Campion, followed by Deb Kelley.
[1:09:48] Stephen, keep your comments to a couple minutes.
[1:09:52] Good evening.
[1:09:53] Good evening.
[1:09:53] Thank you for your host tonight.
[1:09:55] My name is Robert Letmen.
[1:09:56] I am associated with Zelliaviation.
[1:09:59] We are an evening.
[1:10:02] We have been since the 80s. A couple of points. First off, Mr. Mayor, on a practical basis, we don't
[1:10:11] just knock down hangers. If we knock down hanger, it's to build another hanger. In fact, if you saw
[1:10:17] Rufus's slide from the 60s, one of our hangers was on there. We've got an old one on there, which was
[1:10:23] the original Ben Bradley hanger for the historians here. Our airport has grown. We are no longer
[1:10:29] longer for the little flights that go to the Bahamas for fishing and come back.
[1:10:34] We need bigger hangers, not just a row of garages.
[1:10:38] So as time has gone by, we have had to knock down hangers and build more appropriate sized
[1:10:44] hangers for the use of the airport.
[1:10:45] This is not about that.
[1:10:47] This is about selling your business or selling your cities and then making a profit from it
[1:10:52] and the city not being able to participate in that profit.
[1:10:56] Yes, sir.
[1:10:56] part of the transaction fee is also talking about adding years to the lease and refinancing
[1:11:04] of the lease. I'm not concerned with selling our lease hold at this point. My concern
[1:11:10] is that when I build a new hanger and I have hypothetically 12, 15, 18 years left on my
[1:11:16] lease, I can't amortize that over 12, 15, 18 years. I go back to the city to seek another 30
[1:11:23] 30 years being kept by the statute, okay? Now am I paying a 4% on that? Am I paying a 4%
[1:11:32] if I go and have to refinance to build my new life?
[1:11:35] All right, hold it right there. Is that the intent of this? The intent is just if it goes to it
[1:11:40] and unrelated to third parties and that correct? It's not if they refinance.
[1:11:44] Part of it is refinancing in the back up exhibit one page 22 the triggering events for the transaction fee includes
[1:11:52] net refinancing. So if they're not benefiting from this
[1:11:58] If they're not profiting from this, why is that included as a triggering event?
[1:12:03] Well, let me or at least extension. Why is that why is that triggering? Riffus, can you tell us?
[1:12:09] What does the city feel? It is losing out if they're going. If they're just building something bigger and building something
[1:12:17] What does more expensive?
[1:12:20] So some of the things we've realized over the years and we've learned from the situation a few years ago
[1:12:28] The situation is a ten and went out for refinancing got the funds and
[1:12:33] Used it for something else other than what they were supposed to do at the airport
[1:12:36] All right, so there's a way to monitor that then.
[1:12:41] Well, yes, there is a way to monitor that.
[1:12:43] And so, unfortunately, in this situation,
[1:12:47] what was expected was a hang it to be completed by a certain date.
[1:12:51] The tenant failed to complete the hangar and its entirety.
[1:12:57] So, I'm feeling like that situation.
[1:12:58] Those funds were re-deverted.
[1:13:01] Okay. All right.
[1:13:03] Thank you.
[1:13:05] Thank you.
[1:13:05] Yeah, please continue. Okay. Outside of fraudulent situation or something of that nature, we're refinancing to build hangers.
[1:13:13] The second point I wanted to mention where I disagree with Rufus is, yes, our basic lease starts starts out with the grounders.
[1:13:21] that ground lease is increased annually by CPI, Colis.
[1:13:27] It is then re-analyzed every 10 and 20 years
[1:13:31] to make sure that that has kept up with market.
[1:13:34] Now we jump up to that.
[1:13:35] In addition to the ground lease,
[1:13:38] every 10 to 20 year,
[1:13:40] every 10 year increment, 10 year, 10 year, 20,
[1:13:43] we are assessed for our above ground improvements
[1:13:46] for our structures.
[1:13:48] The city within the lease has two methodologies of doing that at the city's discretion.
[1:13:54] First is a percentage of our rents.
[1:13:57] So the netizens and audit for what we're paying for for the property
[1:14:01] and we pay, I believe, the numbers 4% to increase our rent.
[1:14:06] Alternatively, the city can then do an appraisal of the buildings
[1:14:11] and determine rent in addition to our ground lease to increase our rent.
[1:14:16] So, there's no free ride here, okay, and I think the, I think there's a misunderstanding here.
[1:14:23] 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.
[1:14:35] Mr. Mayor, I'm not even arguing that.
[1:14:37] Well, that's all we're here about. No, because the police, no, that's all we're here about.
[1:14:42] part of the proposal, and please understand that if I'm cloudy and I'm wrong, you're
[1:14:47] fine.
[1:14:48] But you're not in airport advisory board meeting on this, we have not had any notice
[1:14:52] on this.
[1:14:53] So we're kind of operating blind.
[1:14:55] But according to Rufus' slides, this goes for refinance and lease extension.
[1:15:00] 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?
[1:15:10] No. Well, that was in Rufus's slide asking us to go to the staff.
[1:15:15] 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,
[1:15:30] or the changes.
[1:15:32] Again, we went through this scenario of what terms
[1:15:40] were in old leases and how we can correct them.
[1:15:43] We've made those corrections to ensure we don't
[1:15:46] find ourselves in a predicament being on the other side
[1:15:49] of a bad situation.
[1:15:51] So we don't go in detail to say that we're adding this.
[1:15:55] We're adding that because it would be a 10-page memo
[1:15:59] that we're presenting to the board.
[1:16:01] Mayor, if I could.
[1:16:04] So, I think.
[1:16:06] I like Rufus's.
[1:16:08] I like Rufus's your presentation.
[1:16:10] I like the options to consider in way as we're kind of moving forward as a kind of standard practice.
[1:16:16] So, I mean, I think Rufus's presentation should go the airport advisory board for them.
[1:16:22] Not to focus on a specifically, but holistically, what are revenue sources?
[1:16:26] We should consider how are we doing.
[1:16:27] I like seeing the business model where we are,
[1:16:30] for future grant funding and so forth.
[1:16:32] And then I'd love to get some feedback
[1:16:33] from the airport advisory board around best practices
[1:16:36] that they see and then I'll be able to take this up
[1:16:38] more specifically.
[1:16:41] Okay, did that make sense to you?
[1:16:43] Yes, can we do that?
[1:16:44] All right, so the folks that sign up to speak,
[1:16:47] since we're going to defer this to the aviation advisory board,
[1:16:52] I know you all wanted to speak,
[1:16:54] Don Campion, dead Kelly Todd Anderson.
[1:16:57] Do you still want to speak tonight?
[1:17:00] You still want to speak tonight?
[1:17:02] OK, so I'll give you your two minutes.
[1:17:03] If you're willing to thank you for your very welcome.
[1:17:05] Thank you.
[1:17:06] But by the way, while we're waiting for them, Mayor,
[1:17:08] so city manager.
[1:17:10] So one of the things I'd asked for in a hand
[1:17:12] to see that yet is I was asking for projections
[1:17:14] talking about what the airports actual needs
[1:17:18] for revenue were as part of this conversation.
[1:17:20] So I don't see that as part of the presentation.
[1:17:23] So when this goes to the airport advisory board,
[1:17:25] can we please have that as part of it?
[1:17:27] Because if we're going to be asking for more money for the airport, as we've discussed,
[1:17:31] I really want to see a demonstrated need for the money, not just because, again,
[1:17:34] we can't pull money out of the airport to the general fund, right?
[1:17:37] We're not the general fund isn't benefiting from building up reserves at the airport.
[1:17:42] And we know that a lot of grant money is out of capital improvements, though,
[1:17:45] but most of the capital improvements are funded through grant.
[1:17:48] So the more money that we get, the less grant money we're going to get.
[1:17:51] Well, we'll talk about that at another time.
[1:17:54] So again, all I'm asking you is to ask you is true.
[1:17:56] I'm asking you for the financials, okay, we make decisions with data, right?
[1:18:00] We make decisions with data, but I don't think we can't make a, you can't make an informed
[1:18:05] decision.
[1:18:05] I'm asking you for the data.
[1:18:07] We make a decision with data, and so I think it's important that the aviation advisory
[1:18:11] board have an opportunity to review the data and come back with recommendations and hopefully
[1:18:16] be able to refine the process and perhaps answer some of the questions that the commission
[1:18:22] is so far up for.
[1:18:23] We agreed that I'm asking that the airport, the aviation advisory board get the data because I've been asking for it.
[1:18:30] But once I haven't gotten it.
[1:18:31] Vice Mayor, we can handle that.
[1:18:32] Thank you.
[1:18:34] Mayor.
[1:18:35] Yes.
[1:18:36] I would like to recommend that we also include our auditor in this process as well.
[1:18:44] We can look at numbers and, you know, because we have one point I hate to conversation about a million dollar cat.
[1:18:52] 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?
[1:19:02] 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.
[1:19:14] And also, as Vice Mayor has said, when we get that information about where these funds are
[1:19:20] going to how they would be used, just give us a breakdown through yours on scope and your
[1:19:25] eye.
[1:19:27] Don?
[1:19:29] Yes.
[1:19:29] Thank you, Mr. Mayor, Commissioner.
[1:19:31] Don Campion, President of Banyan Air Service, and I wanted to say the policy changes generally
[1:19:37] are discussed with the prime tenants and brought before the aviation advisory board.
[1:19:41] but this fee seems to have fallen through the cracks, which is really quite unusual.
[1:19:46] I'm speaking more from the operator point of view.
[1:19:50] As the co-founder of Banyan Error,
[1:19:53] 46 years ago, along with the airport leadership
[1:19:56] and listening to customers,
[1:19:59] worked with chef.
[1:20:00] Health Air has built a tremendous facility, meeting the needs of customers from all over the world.
[1:20:06] On a smaller scale, Zili Aviation, as a prime tenant, who has also invested into their hangers, and which we operate from.
[1:20:15] Within the Banyon Shelter Zili Complex, we provide fuel services, maintenance, avionics, jet cafe, pilot shop, air ambulance, passenger and cargo charter helicopter services,
[1:20:28] and create an excess of 800 jobs.
[1:20:31] Our complex has been cited as the only one in the world
[1:20:34] that offers such a variety of services in a single location.
[1:20:39] In line with the vision of FACC to become the best general aviation airport
[1:20:44] our company, Banyan Air Service, operates on that leesold
[1:20:48] of Shelter and Zili aviation, and we were ranked number one in USA
[1:20:52] 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.
[1:21:06] Our team at Banyon, we view ourselves as the corporate aviation gateway to the city of Fort Lauderdale.
[1:21:14] We treat our customers with that first impression of the city, those company executives come and go out of the executive airport.
[1:21:21] Do you search champagne?
[1:21:26] And I believe the model and the policies in place at FXC are in that transparent relationship
[1:21:31] that we have with airport leadership and the tenants has been able to make FXC to be
[1:21:38] a self-sustaining and an ever-advancing airport.
[1:21:42] An FBO providing services brings tremendous value to the airport and to the city of Fort
[1:21:47] Lauderdale at a tremendous cost.
[1:21:49] To the operator such as insurance, training, purchase of aviation equipment, safety,
[1:21:56] FAA, and environment regulations, and advertising with the sales force to get our customers
[1:22:01] to prefer to come to forlardial executive airport, although it does result in low margins
[1:22:07] in the aviation business.
[1:22:10] A few at the time of sale should be tied to the airport's actual administrative cost
[1:22:16] of reviewing and approving an assignment, not to market value.
[1:22:22] Otherwise, the fees are transactional taxed that will adversely affect those that have invested the most.
[1:22:28] For example, a percentage fee to an FBO and 10 acres at FACC that's invested into new hangers,
[1:22:35] upgrading their ramps, expanding their capabilities and services, is going to pay more upon the sale than an FBO.
[1:22:43] on 10 acres that's invested little has not upgraded their facilities are expanded their services
[1:22:49] could you please conclude your remarks yet the city would benefit substantially more for the FBO
[1:22:55] that had invested more so in closing any new change or new FXE policy must apply to all operators
[1:23:01] at the airport not just those like Shelter Banyan who's been the largest contributor now looking to extend the lease
[1:23:09] All right, thank you so much.
[1:23:12] Deb Kelly is Deb here, Todd Anderson,
[1:23:19] followed by Marcos Marcena.
[1:23:26] So it's easier.
[1:23:28] Oh, it's on.
[1:23:29] OK, OK.
[1:23:30] Good evening, Mayor.
[1:23:32] Vice Mayor, commissioner.
[1:23:35] My name is Todd Anderson, and I am the Chief Operating Officer
[1:23:38] for Shelter Aviation based out at Fort Lauderdale
[1:23:42] Executive Airport.
[1:23:43] over 25 years experience. I'm here today to express my overall objection to the
[1:23:49] airports, idea of imposing a transaction fee. When a FX-10 it goes to sell as
[1:23:56] least hold or during any type of refinance and again go by the presentation. A
[1:24:01] little background of Shelter. We've been on the airports since 1977. We have 79
[1:24:13] We approached Mr. James to redevelop some of the old buildings on our leasehold, but he was also interested in us
[1:24:21] Considering us to build new airside compatible hangers on the former FAU parcel, which was already approved
[1:24:28] within the FAA master plan. The only way he would issue
[1:24:33] Only way we could do this project is if he we can get to a new 30 year lease to allow us to
[1:24:43] 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.
[1:24:53] Originally discussed as a cost recovery fee for the city's time to assist a tenant with the provenee.
[1:25:01] We assured the transfer fee was to cover a city cost, not a new form of a revenue stream, as it recently
[1:25:12] involved into. What these new leases will do for the airport is commit shelter to a minimum, capital
[1:25:19] investment of $40 million, increased revenue by developing the FAU parcel, the vacant FAU parcel
[1:25:25] had empiric increases in ground rental rates, but more important and
[1:25:32] impactful will be the reversion of the existing buildings that will substantially
[1:25:36] produce new improvement income for the airport. Okay, no minute. You have 15 seconds.
[1:25:44] Have any transfer fee applied to a sale of the lease to a third party doesn't make sense to us
[1:25:49] when Shelter has paid for all the improvements taken all the risks and spends all the money
[1:25:53] maintaining the buildings. The city has not participated in any financial manner. We've never
[1:25:59] asked for anything from the city, and Shelter has never defaulted on any of our leases.
[1:26:04] The transfer fee concept came to Shelter as he surprised, and sometimes Shelter does not have
[1:26:10] in any of our 18 of the leases we have throughout our network. There was no tenant or sub to public
[1:26:17] or tenant engagement, either. We were told that it was done in 23 with two other smaller
[1:26:22] or tenants, there should be no transfer fee applied to any type of refinancing and that's why I'm here today.
[1:26:29] Okay. Thank you so much. Thank you. Thank you.
[1:26:30] Thank you. Marcos.
[1:26:35] Follow by Ed Smoker.
[1:26:36] Are you still here?
[1:26:39] I think he left.
[1:26:41] Who is he?
[1:26:42] Thank you.
[1:26:44] Okay.
[1:26:48] Would you push the button at the bottom of the speaker?
[1:26:51] Good evening, Mayor.
[1:26:52] Is it possible to put up Rufus's presentation?
[1:26:56] as long as you can do it in two minutes you're welcome to do it.
[1:26:59] No, list.
[1:27:00] Well, I don't let up.
[1:27:01] I don't let up his presentation.
[1:27:03] Can you put back his presentation?
[1:27:05] Well, I'm speaking.
[1:27:06] I just want to be able to pull up the page to list the airports that have the,
[1:27:13] I think they have the what, the transaction fee.
[1:27:15] Have the transaction fee.
[1:27:16] Okay.
[1:27:17] We have it in front of us.
[1:27:18] Okay.
[1:27:18] It's 23.
[1:27:21] So, let me begin.
[1:27:23] I'm Marcos Marchena. I'm the external general counsel for Shelter by way of background.
[1:27:30] I've represented airports regarding FAA in real estate matters for 30 years, including serving
[1:27:36] as the general counsel to Orlando International and Orlando Executive Airports for 10 years.
[1:27:43] When I work with staff at airports, I always try to make sure that the presentations that were brought
[1:27:49] to our boards were streamlined, accurate and complete.
[1:27:56] I just think that decision makers, you guys are entitled to accurate information in order to make
[1:28:01] those decisions.
[1:28:02] So like, I think we kind of are understanding, I think Vice Mayor has pointed out that we'd
[1:28:07] like to see more specifics with regard to these other airports.
[1:28:10] So yes, we're not making any decisions tonight.
[1:28:12] And so we agree that as far as this chart is concerned, it is not complete.
[1:28:16] And we will, we would like it more complete before we make any decisions.
[1:28:20] It's not only not complete, Mayor.
[1:28:23] I need to point out the provision regarding Tallahassee Airport.
[1:28:28] Tallahassee doesn't charge a 2% transaction fee.
[1:28:32] Tallahassee charges and I have the least provisioned here
[1:28:35] from the least in Tallahassee, the lesser of 2%
[1:28:41] of the fair market value of the least sold or $50,000.
[1:28:45] So, in other words, the Tallahassee fee is capped at $50,000, which is really just an administrative cost recovery fee.
[1:28:56] The other airports, Booker Ratone, doesn't have a transaction fee.
[1:29:01] When they say they have a reset, that means the underlying land rent is re-established.
[1:29:08] You do that in the shelter at least every five years.
[1:29:11] Brooksville confirmed for us, they do not have a transaction fee or a reset, they are considering
[1:29:18] imposing a $100 to $200 administrative fee.
[1:29:23] Fernando Indina Beach does not have a transaction fee at all, and St. Augustine does not
[1:29:29] have a transaction fee, so we need to make sure that you are dealing with accurate information.
[1:29:37] I will tell you that in negotiating this leasehold, we were presented a transaction fee in June of 2024.
[1:29:47] We struck it in red line by his mayor.
[1:29:51] We struck it in red line and sent it back.
[1:29:54] There was no discussion regarding a transaction fee again until July of 2020.
[1:30:00] 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.
[1:30:19] And placing us in the same category as WeatherTech and J.M. family who are stand-alone,
[1:30:27] single tenant or single-hanger tenants does not justify grand assurance number 22.
[1:30:36] We are completely different operators. We have put scores of millions of dollars into the airport
[1:30:42] and we'll be investing another $40 million when this lease transaction goes through.
[1:30:47] You can't compare us to weather tech and J&M who were required to invest a total of $200,000
[1:30:56] on their leasehold.
[1:30:57] We are definitely situated.
[1:31:00] Thank you.
[1:31:01] Thank you for coming tonight.
[1:31:03] All right.
[1:31:04] Sandra Kirby.
[1:31:05] Oh, waiting for that, Sherry.
[1:31:07] I need you to sit down with them.
[1:31:08] Please and confirm these issues because that's serious tonight.
[1:31:13] If these, if this is being misrepresented to me,
[1:31:17] there's a 2% winner, it's a $50,000, and we're talking a million dollars,
[1:31:23] that's, that is
[1:31:24] seriously concerning to me. So I need you to sit with them, please, and I need you to get the
[1:31:29] facts straight on this before. There's any further discussion before this goes to the airport
[1:31:32] advisory board, and then please get back together with me and let me know what you find out.
[1:31:37] John Roth, John, are you still here?
[1:31:41] He left Steve Wary, Steve.
[1:31:45] And finally, Ignacio Martinez.
[1:31:50] Mayor, Vice Mayor, Commissioner's good evening,
[1:31:53] Steve Wary on behalf of WAV, I might have a coughing spell.
[1:31:58] So I'm sorry about that.
[1:31:59] I'm coming getting over a flu.
[1:32:01] But anyway, we appreciate the city's goal
[1:32:04] to safeguard the financial position of the airport.
[1:32:07] No question about that.
[1:32:08] 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
[1:32:38] are laid out by federal statute.
[1:32:42] So a lot of times with lawyers, the answers you get
[1:32:46] depend a lot on the questions you offer them.
[1:32:50] So I think some additional scrutiny should be done to make
[1:32:55] sure that whatever methods of the city is using to generate
[1:32:58] revenue are not going to get the city into a tight spot.
[1:33:04] Maximizing revenue is nothing wrong with that.
[1:33:07] I'll say this, that when a user is selling its business, the entirety of the value of that
[1:33:17] sale isn't just the lease obviously, we all know that, the lease is a part of it, it's
[1:33:23] one of the assets, fuel trucks are part of the assets, goodwill, IP, brand management, there's
[1:33:29] a lot of other aspects to get taken along with that, that with a larger sale, we were hearing
[1:33:35] about Banyan's world-class operation,
[1:33:39] the portion of a value attributable to the least
[1:33:43] whole part of that is, it's got to be a small fraction
[1:33:47] compared to what it is that they've worked hard
[1:33:50] over more than a half a century to build in terms
[1:33:54] of a solid business, and that should belong to them.
[1:33:59] One more thing, just to close, I'll say this,
[1:34:02] that the totality of what a tenant puts into at least
[1:34:06] least hold rather is not is not encompassed
[1:34:10] within the four corners of the lease.
[1:34:13] Oftentimes, especially with longer term leases,
[1:34:17] the lease may establish a minimum before
[1:34:20] for what has to be invested into that lease hold.
[1:34:24] And over time, the tenant may find themselves exceeding
[1:34:28] that by far a great margin.
[1:34:30] And I know there's differences of opinion about WABAsians track record to date.
[1:34:37] I can tell you this that they're a parcel, A-A-B, least required in total them to invest,
[1:34:49] say, you know, $5 million, $4.9 million.
[1:34:53] And today they've invested almost $15 million, which is triple that.
[1:34:58] Um, so
[1:35:00] So if there was a 4% fee that was being added to that, your tenants in that kind of a position would
[1:35:08] be discouraged and chilled from making those kinds of additional investments, which actually
[1:35:13] improve their business, improve the city's reversion value of those assets. And I think if
[1:35:21] those didn't occur, would put the city in a much worse place. But anyway, I've gone away
[1:35:25] over. Thank you for the indulgence. Well, I don't win it. First of all, Ms. Martinez, with you.
[1:35:30] He's with David. He is. Is there anything else you want to add to his comments?
[1:35:35] I think he's okay. Okay. So let me ask you this. So I agree that when a person sells a
[1:35:42] lease, whether it be a restaurant, whether it be something like this, whether it be whatever
[1:35:47] the circumstances may be, the goodwill is often part of that. So we certainly don't
[1:35:54] expect that to be part of what we want back. But there are situations that over time
[1:36:01] whether it be through inflation or whether it just be through opportunity costs, whether it be the
[1:36:07] the scarcity of opportunity that may exist in an industry and they come to Fort Lauderdale because
[1:36:14] there's an opportunity there. Would you think that there is something that can be attributable to
[1:36:22] city of Fort Lauderdale providing the space and the older lease payment that might be desirable
[1:36:30] to the extent that someone will pay a sum for that and do you think that the city of Fort
[1:36:35] Lauderdale would be entitled to any portion of that?
[1:36:39] Well, I think that would depend on the circumstances, for example, if the city was in a specific
[1:36:46] against and subsidizing the activity of that tenant, then yes.
[1:36:52] But if it's a market, you know, generally,
[1:36:56] if it's a market-driven business decision,
[1:37:00] in which another operator chooses to come to Fort Lauderdale
[1:37:02] because the choices are few and the opportunities here are great,
[1:37:08] we too should benefit from that goodwill.
[1:37:10] Well, but from the city standpoint,
[1:37:12] point, the activity at the airport is revenue neutral.
[1:37:16] Any surpluses at the airport generates, they have to stay within the airport.
[1:37:23] So we're making a great airport.
[1:37:25] I mean, we're making the Taj Mahal of airports.
[1:37:27] But at some point it's going to be only suited to the Maharaja, right?
[1:37:33] But if we want to expand the runways, if we want to improve upon the facilities,
[1:37:37] If we want to, whatever cost to operate this place, if also to add to the capital investment,
[1:37:45] I know that we do get grant funding, but it's not always 100%.
[1:37:49] And so don't you think that the city should want to provide a better place for you, folks,
[1:37:56] you and your neighbors, to want to do business in an environment that isn't tattered, that isn't
[1:38:03] thread bear that that actually represents, you know, I don't want the city of Fort Lauderdale
[1:38:08] to be represented in any way that is that is, you know, that is, you know, you know,
[1:38:16] you know, embarrassing. I want Fort Lauderdale. This is why we're the seventh, right?
[1:38:20] But we have to keep up our standards as much as you want to keep up your standards.
[1:38:23] Right. And we are keeping up our standards. I know what to keep up our standards. Of course,
[1:38:28] but, you know, we're starting to be on the backs of taxpayers. And it hasn't been since
[1:38:32] 1977 or whenever that was, you want to keep it that. Of course. But one of the revenue
[1:38:38] diversion core areas is that you can't establish a rainy day fund. And if, you know,
[1:38:47] it's been suggested that maybe down the road, grant sources from FAA or FDOT, you know,
[1:38:55] might be in decline. And my FAA lawyers that I've spoken with have told me that there's been
[1:39:02] talk of that, you know, for the last, you know, 15 years every year, you know, it's a continuing
[1:39:08] thing, but it never happens. It always stays, you know, fairly consistent. But regardless
[1:39:13] of all that, even if we wanted to, you know, believe maybe there was going to be a reduction,
[1:39:19] those, those statutory rules. And I think that this bears further investigation don't take
[1:39:24] my word for it. Basically prohibit the creation of that kind of a fund, you know, it would
[1:39:33] allow a small reserve fund where a lot of fund balance. We're a lot of fund balance.
[1:39:39] Not that. Not that. But there. But it's not a, no, no, you see, you see, we see it from
[1:39:43] one second. So the aviation fund is different. This is not the general fund. So it runs
[1:39:46] in the FAA's, the, no, the FAA decides what's acceptable not us. I understand that, but we've
[1:39:53] 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
[1:40:00] 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.
[1:40:09] It's worth the same way.
[1:40:10] I understand that. Okay. All right. Just having a discussion.
[1:40:13] No, no problem. All right. Thank you.
[1:40:14] I also do have some doubt about how scrutinized the weather tech and the JM family leases were.
[1:40:21] I'm not the dumbest guy in the room, and I've looked at, I have read those leases.
[1:40:24] And those provisions relating to the four percent transaction fee relating to refinancing
[1:40:33] net refinansings, I can't make heads or tails of it.
[1:40:36] And I think anybody who was on the tenant side, you know, a lot of very close attention,
[1:40:42] you know, probably would have wanted some clarity on that.
[1:40:44] So I don't know, you know, how valuable that is as a precedent.
[1:40:49] And if you're going to establish something like that with one tenant, you shouldn't,
[1:40:53] You know, have it take effect until it applies universally to all the tenants, otherwise it's not fair.
[1:40:59] 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?
[1:41:05] Anyone else wish to speak on this item?
[1:41:11] Thank you Mr. Mayor Mr. Vice Mayor Commissioner.
[1:41:14] I just want to add really quickly.
[1:41:18] Well, we are one of the last family on FEOs in San Florida and
[1:41:26] collecting to whether Mr. Werditset, we have invested between both
[1:41:31] parts of the only count one of them over $23 million in our list.
[1:41:35] Well, then we're already, and we're asking also where
[1:41:37] negotiating with Mr. James and the city.
[1:41:41] An extension of our list to invest in our 10 million
[1:41:43] dollars to be let two additional hangers.
[1:41:46] So my point is that we're only doing this, yes, to satisfy the demand that we have, but
[1:41:53] also that will increase the fuel sales, that fuel sales will bring additional revenue
[1:41:58] to their, as we see in the presentation, out of the $13 million of revenue, 1.7 comes from
[1:42:07] tools and as well as the 40 million dollars that the neighbors of shelter and Mr. Seely's improvements
[1:42:17] to his hangars, we are doing all these two make, like you said, Mr. Mayor, one of the
[1:42:22] finest airport in the nation. So with that in mind, we feel that that's the kind of improvements
[1:42:30] that we're bringing into the finance area for loader.
[1:42:33] Okay, great. All right. Thank you so much. We appreciate your investment in our city. Thank
[1:42:37] Okay, so we're going to defer this item then for further discussion, this is just a conference
[1:42:44] item anyway, so there was no vote that was going to be taken today and my understanding
[1:42:49] is that Rufus will now take this to the Aviation Advisory Board and we'll end in concert
[1:42:56] with your participation and with the City Attorney will try to come back with something that
[1:43:03] a little bit, something more that we could accept and agree with the tenants that are airport.
[1:43:10] Thank you, Mayor. Okay, so I'm going to again suspend the conference meeting and go back to the
[1:43:18] evening meeting and let's get back to business.
[1:43:29] All right, let's just quickly go to the
[1:43:32] Santagenda items.
[1:43:34] Vice-mere, do you have any consent agenda items you wish to pull?
[1:43:38] Commissioner, Beesley, Petman.
[1:43:41] Commissioner, glassman, none.
[1:43:42] Commissioner, sorry and saying none.
[1:43:44] And I have none.
[1:43:45] There's someone who's signed up to speak on M1 and M3.
[1:43:49] Are you folks still here?
[1:43:51] Gary Olsen,
[1:43:56] Lisa, want to make her and Tasha Joseph?
[1:44:00] Did you want, we're not going to, we're going to consent to them.
[1:44:05] stand up and say.
[1:44:10] Okay.
[1:44:13] Are you very welcome? Okay. Okay. Okay.
[1:44:17] Uh, someone like. Yeah. We someone like to move to prove to prove to prove to prove to
[1:44:24] I hear that I can remove the seconded. Please call the roll. Vice Mayor Hurts. Mr. Glassman. Yes.
[1:44:29] Mr. Beesley Pippman. Yes. Mr. Swordsman. Yes. Mayor Trenton. Yes. And those consent agenda items are now approved.
[1:44:35] Thank you for your patience tonight. You got to see government in action.
[1:44:40] All right,
[1:44:44] we're going to jump here.
[1:44:48] Just for a minute. Let me get the...
[1:45:07] 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.
[1:45:34] We have a number of people sign up to speak, but I know Ellen Bogdanoff has promised me that
[1:45:41] if I allow her to speak first, it might shorten the process.
[1:45:45] But before we do that, should I have, I need to have staff come up and explain exactly what
[1:45:50] our attention is here to do tonight, Chris Cooper.
[1:46:00] What are you trying to do, Chris?
[1:46:02] What am I trying to do?
[1:46:05] So good evening, Mayor Commission, Chris Cooper, Deputy City Manager.
[1:46:08] So that and we have before tonight on OFR1 is an amendment that was discussed at the last
[1:46:14] Commission meeting and asked to be brought back tonight.
[1:46:17] The amendment deals with the regulations that govern our special entertainment districts.
[1:46:22] Those are areas within our city that are designated as kind of hubs for entertainment and nightlife.
[1:46:28] With that comes some benefits that those areas get to avail themselves of.
[1:46:34] It includes everything from the ability to have a little bit louder
[1:46:37] of music and sound into the evening. It allows establishments selling alcohol to be located
[1:46:45] in closer proximity to each other than in other areas of our city. It provides for the availability
[1:46:51] of open container, open carry of alcohol outside of establishments. It allows for the open
[1:46:59] of alcohol, and it allows for the ability to sell alcohol until 4 a.m. or as another
[1:47:08] part of the city, that ability goes until 2 a.m. Monday through Thursday and until 3 a.m.
[1:47:15] through the weekends. So following the discussion at the last commission meeting, staff
[1:47:19] drafted an ordinance, which is before you tonight, to address three of those benefits of
[1:47:23] special entertainment districts. The ability to have alcohol outdoors from
[1:47:29] an establishment. The ability to sell alcohol outdoors except within licensed
[1:47:34] and permitted outdoor cafes and sidewalk cafes as well as the ability to
[1:47:40] serve alcohol until 4 a.m. So the ordinance contemplates rolling that back to
[1:47:44] be consistent with what's allowed in the rest of the city. Okay, so it's not just
[1:47:51] But it's also outdoor consumption, right?
[1:47:54] So the ability to drink an alcoholic beverage outdoors from an establishment.
[1:47:59] Within the district.
[1:48:02] All right.
[1:48:03] So those are basically the three items we want to address tonight.
[1:48:06] Correct.
[1:48:06] And I understand there are a number of people who have come here really concerned about this.
[1:48:10] So I appreciate your interest and I appreciate your patience and hearing what we're going to discuss tonight.
[1:48:17] I'm okay with allowing Ellen Boggenoff, who represents one of these establishments, the sway bar.
[1:48:27] Before Ellen, Mayor, could you just outline for everybody where these districts are just in case not everybody knows whether?
[1:48:35] 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.
[1:48:44] Common control is basically a lease agreement between multiple parties that puts them under one kind of governance structure
[1:48:51] So our entertainment districts include the hammer sugar payment district, which is right next door on two street
[1:48:57] 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?
[1:49:03] What exactly comprises the membership district so that district includes some but all of these establishments in the area
[1:49:10] again, I go back to that comic control element. So there is a least document that was executed.
[1:49:15] The last one we had is probably from the mid-2010s, kind of 2015, 2016 area.
[1:49:23] Yeah. So there's about seven establishments in the area between, I think it's third avenue
[1:49:28] and second avenue. About one second and south one, south one, south one, south one, south one, south
[1:49:40] The brick old district, which includes the warf and the society building, there's some
[1:49:44] recorporary building district, which is 10 roof in that area, just off Andrew's Avenue.
[1:49:51] There's the two knee district, which are the bars and establishments just north of
[1:49:55] room so rock bar in that area is a district in that beach place.
[1:50:00] 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?
[1:50:27] So in the header there was just text that was doubled.
[1:50:30] So it was just minor screeners there.
[1:50:32] And that's all that was, all that was.
[1:50:33] Okay, thank you.
[1:50:36] Okay, so those are basically the three items,
[1:50:40] the outdoor sales, outdoor consumption
[1:50:41] and the 4 AM service on Friday and Saturday night.
[1:50:45] So, Ellen, thank you for coming tonight.
[1:50:48] We appreciate your participating.
[1:50:51] Tell us a little bit about what the position of your client is.
[1:50:55] 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.
[1:51:08] I wish you those.
[1:51:10] I wish you were.
[1:51:11] Okay.
[1:51:13] 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.
[1:51:25] the challenge they've had is there's been a lot of turnover in businesses in that area
[1:51:29] and I think it's just a lot of people were just trying to surviving in a fell apart.
[1:51:33] Obviously certain circumstances have brought this to a head and we have heard your concerns
[1:51:39] loud and clear and obviously everybody here and can you all just stand up so they understand
[1:51:44] who's here and we're hopefully so these are all folks that have a concern about one issue pretty
[1:51:52] pretty much an only one issue that's in the ordinance. Thank you. You guys sit down. We're going to try to
[1:51:58] limit the speaking because I understand we have a very long meeting we're probably two hours behind already,
[1:52:03] but basically the concern is on the hours. They are prepared before you go there. So the issue regarding
[1:52:11] outdoor consumption, it's not is not. They're all on the same page. It does not help businesses to
[1:52:17] have other people bring in their alcohol from home and drinking it on the street. They're not
[1:52:22] Okay, with shutting off.
[1:52:24] Okay, you look into the outdoor sales.
[1:52:26] Unless you're specifically licensed as a kiosk or from trucks or whatever, they're okay with that.
[1:52:31] Correct.
[1:52:31] Okay, so the only issue is that is being debated tonight right now.
[1:52:37] Is the 4M service on Friday and Saturday nights is that correct?
[1:52:41] Correct.
[1:52:42] They want to maintain the hours of the current entertainment district.
[1:52:45] 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.
[1:52:52] 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.
[1:52:59] Right? So what we feel is we know that enforcement as Commissioner Glassman said is he wants enforcement.
[1:53:06] And the bars are prepared to get together.
[1:53:09] We know there's at least eight that would pay for off duty police work with Captain Jenkins.
[1:53:15] In terms of deciding how many police each night depending on how many bars are open and whether or not it's a holiday,
[1:53:20] whether or not it's something, you know, it's a weekend.
[1:53:23] They would pay for that.
[1:53:24] If a bar does not want to participate in the security, then they're okay with you telling
[1:53:30] them they have to close early.
[1:53:32] This is about giving a special benefit to the entertainment district, and they're prepared to step
[1:53:37] up to the plate and to handle their own security.
[1:53:40] I know that's a work.
[1:53:42] Well, that is something that the logistics we have to, we talked about kind of like a lot
[1:53:46] of ideas and it's something that would be their obligation to sit down, but to basically
[1:53:50] have what you call a chair or a captain of the district that would coordinate and get everything
[1:53:55] and collect the money and pay for the security. Meaning that's just how it would work.
[1:54:00] Like an HOA. Basically, basically. And if the ordinance specifically stated if you didn't participate
[1:54:07] in the security that you would have to close, you wouldn't be able to get the excess hours,
[1:54:11] then that would at least be an incentive for people to stay in the program. We're asking for a review
[1:54:16] of six months, like keep the hours the same, do the other things, let's take a look at six
[1:54:22] months and see how it works out. But there is a very strong belief among a lot of the owners
[1:54:29] that the open container is the key issue and the young adults that are coming to that place
[1:54:34] and walking around with their own solo cups, they're not going to be there anymore because there's
[1:54:39] going to be no incentive. And what the only thing we would ask of the city is to do a better job
[1:54:43] policing the garage to make sure that they're not staging their tailgates there and kind
[1:54:49] of like pouring into the streets. So obviously the reason why this issue has come up is
[1:54:55] because of the violence that has taken place, the gun violence that has taken place there and
[1:55:00] Also on the beach. And we're very lucky that no one got killed in the hemorrhage event, all right. And thank
[1:55:08] God that nothing more serious happened. But it has been the commission's voice so far that we have to
[1:55:19] do something to rein in the sort of indulgent environment that some of these provisions of the
[1:55:29] encourage and entertain.
[1:55:33] And we kind of feel that we started, started with these three provisions.
[1:55:38] One was the open container, open sales outdoors, and we also thought that maybe restricting
[1:55:45] the operation by one hour that that might discourage people from thinking like it's an all-night
[1:55:54] to come out to him or she or go out to the beach and think that, you know, they're going
[1:55:58] to stage their frustrations or disputes, their conflicts with other groups that they,
[1:56:04] that they, you know, are in competition with.
[1:56:07] Because we feel that that's what happened like in a beach place.
[1:56:11] You have two 17-year-olds who are fighting with each other.
[1:56:15] And somehow they acquired guns.
[1:56:18] And somehow they shot one shot the other and killed them.
[1:56:21] And why did they come to Fort Lauderdale Beach for that?
[1:56:24] And why did those other folks come to Hymrshee to have their shootout?
[1:56:30] You know, it's not like the OK Corral here.
[1:56:32] You know, if we do not want, you know, Hymrshee to be seen as, you know, Dodge City.
[1:56:38] We got in the street and, you know, you have a shootout.
[1:56:42] What encourages people to think that that kind of environment is an OK environment
[1:56:48] in which to come play out your things that you want that you want, you expect that you can
[1:56:55] be able to fulfill. Is that, is that error create an audience for you? Is that error create
[1:57:00] an environment for you that you feel is okay? So we don't know the answer and maybe experimenting
[1:57:07] as you say with a few months and maybe changing some of the rules might be the answer, but
[1:57:12] we really need to do something. We're not going to be like other cities that have neglected
[1:57:17] over the years and they become war zones. That's not going to happen in Fort Lauderdale.
[1:57:25] So, so, tell us a little bit more about this program you have in mind, so maybe this commission
[1:57:30] can consider it? Can I make a suggestion here? Before we, Chris wants to say something too.
[1:57:36] Hi. Chris, go ahead. Yes, so if we came back, we came to you last summer. I think in June
[1:57:43] of 2025, we made a presentation,
[1:57:45] specific on the Hammer Scanner Taming District,
[1:57:47] but it really covered all the entertainment districts.
[1:57:49] As a result of that meeting
[1:57:50] with the Commission gave us direction to do,
[1:57:52] was to go back and contemplate a program similar
[1:57:56] to what Ms. Bogunov had just described.
[1:57:58] So we've been meeting with stakeholders in the district,
[1:58:01] other stakeholders such as DDA
[1:58:02] and some of the other entities that are in the district,
[1:58:04] to talk about what that governance structure
[1:58:06] of the Hammer Scanner District could be,
[1:58:08] because we told you this last summer
[1:58:10] and we'll say it again,
[1:58:11] is that the district itself is not compliant
[1:58:13] with the convict control or common ownership elements.
[1:58:16] So that needed to be corrected.
[1:58:18] And so the commission gave us an opportunity
[1:58:19] at that time to work with the groups
[1:58:21] to correct that governance structure
[1:58:23] and come back with a program again,
[1:58:26] very similar to what was described,
[1:58:27] that had some level of oversight, governance,
[1:58:30] and responsibility.
[1:58:31] So that if issues did occur, hopefully they wouldn't,
[1:58:34] but that we could have somebody to hold accountable
[1:58:36] and also some level accountability
[1:58:37] for the individual establishments, potentially a permit,
[1:58:40] 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.
[1:58:49] So, we've been working with our city attorney, our staff at DSD to bring back that new governance structure.
[1:58:55] If there's anything, if the commission would like us to move forward with something like that, as Ms. Bogdanoff described,
[1:59:00] 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.
[1:59:08] and then bring that back very soon to the commission to consider.
[1:59:13] I don't know if we could bring it back on second reading.
[1:59:16] I'd have to check with the attorney to see if it's just
[1:59:17] to remain to the first reading ordinance.
[1:59:20] If that's something we need to bring back through on first reading for consideration.
[1:59:23] We can have that conversation.
[1:59:25] But Chris, everything that you just said isn't that a requirement of the district having everything
[1:59:29] that we've been able to entertain the districts to have.
[1:59:33] That's something that has not been happening for years now.
[1:59:37] You mentioned what I saw, but also in January of 2024, we saw and we discussed the entire
[1:59:42] chemistry revitalization plan. What's happened since January of 2024 that was not in effect then?
[1:59:51] So in terms of the governance structure for the districts, I don't think anything is changed
[1:59:56] So we've continued to have those conversations with how to adjust.
[2:00:00] 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.
[2:00:16] 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.
[2:00:28] And we have a zoning workshop coming up.
[2:00:30] We have a zoning workshop.
[2:00:32] There's a lot of moving parts.
[2:00:33] That we've got to somehow put together.
[2:00:36] I mean, this is happening.
[2:00:38] That's happening.
[2:00:39] So many things are happening in terms of plans and discussions.
[2:00:43] And a talk talk talk talk talk.
[2:00:44] And we've just got to just get off the dime.
[2:00:48] Mayor, here's.
[2:00:49] Here's.
[2:00:50] Thanks Chris.
[2:00:51] Here's my suggestion is.
[2:00:54] That I think for today's reading, I think we should adjust it to narrowly prohibit open
[2:01:04] container and outdoor sales of alcohol.
[2:01:10] Going forward, I think in the next, let's say two months max that there's a discussion
[2:01:15] with representatives of the establishments here, Ellen, so forth, to talk about the components
[2:01:23] Commissioner Glassman's talked about, Chris talked about, and about hours, so that we get
[2:01:28] a little bit of feedback and guidance, and then we make a decision about those components
[2:01:36] and two months from now, but I think we should go forward with the Open Container.
[2:01:41] Well, so his is into weight those extra months, as we're going into spring break.
[2:01:46] So one month, I'm good one, I think we need to have whatever rule, whatever supervisory
[2:01:52] role, whatever detail, officer program you're talking about.
[2:01:57] We need to have that in place by March 1st.
[2:02:01] So, you know, my feeling is that can we have a second reading at the second meeting in February
[2:02:08] as opposed to the next, the first meeting in February?
[2:02:12] You know what I'm saying?
[2:02:12] Yeah, I do.
[2:02:14] Mayor, but because we're kind of conflating issues here, I would recommend it.
[2:02:17] I would like to kind of offer a suggestion, if I may, pretty much along the lines of what
[2:02:24] Commissioner Saurson is saying, if you wanted to have to immediately now, as you said, you
[2:02:28] wanted to last meeting to deal with at least the drinking, which seems to be the biggest problem.
[2:02:33] You could pass this to night on first reading, deleting the reference to hours, leaving that
[2:02:39] issue of hours for the total revamp of the SED ordinance, which we're already working on,
[2:02:45] which we would work with stakeholders to create criteria to potentially increase security
[2:02:51] allow some other opportunities to have the advanced hour. It is the underlying
[2:02:58] documented, it's not the agreements that they all have, so it's a mess, and they could agree
[2:03:04] to some things in the interim while we work to restructure that.
[2:03:08] Okay, Carolyn, can we assume that you're going to work on this aggressively?
[2:03:13] We need to have this in place by the second meeting in February, something, something with your group of
[2:03:20] operators, so that we have some assurance that if we don't have it, we're going to have to have
[2:03:27] the past some kind of ordinance one way or the other. So if we have a voluntary, a voluntary,
[2:03:33] a agreement amongst your operators, so that we feel comfortable, that something's being done to
[2:03:40] provide the necessary supervision in that area that I think the commission would be more comfortable
[2:03:45] in pushing back any further decision on hours of operation.
[2:03:50] I think that they would be willing to do it because they're going to have something to prove.
[2:03:53] I mean, spring break is their Christmas. So it would be important for them to get to have
[2:03:58] not only important to them, it's a good business sense too. They don't want, they don't want
[2:04:02] we're getting out that it's a dangerous area and then college kids aren't coming to for luck.
[2:04:06] Correct.
[2:04:08] So we could work with the group.
[2:04:10] If they're all, um, amenable to that, it just kind of get together and figure out
[2:04:13] how we're going to coordinate and it's working with the police to make sure that they
[2:04:18] have the appropriate number of people on the property on the street, um, during whatever
[2:04:23] time, whether it be weekends or spring break or even during the week.
[2:04:27] Because not all the bars are open during the week.
[2:04:29] There's, uh, a handful that are but not all of them.
[2:04:31] Ellen, here's a problem though.
[2:04:33] So this is not a new issue.
[2:04:35] This has been ongoing for quite a long time. This has come up not just to this commission, but to prior commissions.
[2:04:42] And I will say candidly, some of your operators down there were bad actors.
[2:04:47] Okay, they are notorious for allowing and underage drinkers.
[2:04:50] I can tell you multiple friends of mine whose kids go down there and drink on a regular basis.
[2:04:59] So...
[2:05:00] I'm not impressed by the willingness of these folks to self enforce. They got a lousy track record.
[2:05:10] So I'm hoping that improves. I really am. Because like I said, I know every weekend, kids are down there drinking.
[2:05:17] 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.
[2:05:25] 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.
[2:05:33] 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.
[2:05:41] And if it comes down to that, if they can't police themselves, we will be forced to do it for them.
[2:05:46] They need to get their act together and they have to stop the underage drinking that's taking place in their establishments.
[2:05:53] I don't hold them accountable for what takes place out in the parking lots.
[2:05:57] I agree.
[2:05:58] We've got to get rid of the open container, because we don't know if people are walking
[2:06:01] around with a solo cup that they filled up in their car, or if they got it walking out of
[2:06:06] a bar.
[2:06:06] That's always been a problem.
[2:06:07] As far as I'm concerned, and I've said this, I responded, I must have had 100 emails
[2:06:11] today.
[2:06:12] I probably responded to 50 of them, and I tell them the same thing.
[2:06:15] I don't want to see bourbon street in Fort Lauderdale.
[2:06:18] Okay? I don't want us to be party central for all the Broward County. That's not what I want to see.
[2:06:24] This is not what we're trying to convey now to the world as the image of Fort Loretta.
[2:06:31] We've moved past that. We've grown up. That is not what we're trying to be.
[2:06:36] Entertainment districts are still important. I'm not suggesting that we don't want to create an environment where people can come and
[2:06:44] 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
[2:07:00] 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
[2:07:10] I don't know people that will go down there anymore.
[2:07:13] I don't know people who will bring guests down to that area any more,
[2:07:18] because of the reputation that's developed.
[2:07:20] So if we're trying to help these businesses be successful,
[2:07:25] they need to do a better job of policing themselves.
[2:07:28] And so far, they've done a lousy job of that.
[2:07:31] So I hope this kind of comb-by-out,
[2:07:35] we're going to come together and be better, really works.
[2:07:38] 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.
[2:07:49] The second thing is is the increased police presence will discourage young people trying to get away with, you know, going in and drinking.
[2:07:57] I do know that I've talked to a number of the bar owners.
[2:07:59] Sadly, you know, and I know there are a lot of people who, you know, back in the day
[2:08:03] when you didn't have pictures on your ID, could walk in the IDs.
[2:08:08] I mean, I mean, myself, but, you know, whatever, but, yes, I heard the rumor on speculation.
[2:08:16] But, but bottom line is the, you know, everything's gotten so sophisticated and I know
[2:08:20] they all have scanners and I've talked to them about that.
[2:08:22] In some of these fake IDs go through the scanners, they do the best they can.
[2:08:26] This is not a hemorrhage problem. This is a Fort Lauderdale problem. This is a state problem.
[2:08:31] It's happening all over the country. I mean kids get away with it because of the sophistication of now the fall side lights.
[2:08:38] But I think what the vice mayor is saying is we all have to be part of this, the mindful what's going on.
[2:08:43] 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.
[2:08:51] 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.
[2:09:08] so my feeling is that I personally prepared to let us pass this ordinance taking out the 4M
[2:09:16] a service requirement, but relying on you. Okay. Okay, relying on you.
[2:09:24] You hear that, guys? That you're going to bring together the group of operators who are
[2:09:30] going to participate in this voluntary program to contribute to some kind of fun that's going to
[2:09:38] hire more detail officers and and maintain the safety and the
[2:09:45] Excuse me sir, what are you doing? Are you waving to me? I
[2:09:49] Can't see you
[2:09:52] Oh, oh, hi Richard. I didn't see you. What's matter? He said you're not making a
[2:09:57] Well, I haven't gotten to that yet
[2:10:00] So, relax.
[2:10:03] So, just so that we know, as a commission, that this is not the end of the conversation.
[2:10:10] This is the beginning of an effort to bring the standard of him or she-up, so that people feel safe.
[2:10:18] And at this kind of activity doesn't, again, take place.
[2:10:21] I think that we appreciate it. It's a wake-up call. It's an opportunity, and I think that they can do it.
[2:10:26] And it's just important for them to be able to continue to run their businesses with the
[2:10:31] hours that they do, but they're prepared to step up to the plate and do everything they
[2:10:34] can to address the issues on him or she.
[2:10:37] And Ellen, I would also ask that you really share the documents that we have in place, the
[2:10:41] agreements that are in place, the entertainment district, because what I hear from the residents
[2:10:45] and other parts of that district, whether it's history for a lot of that, whether it's
[2:10:48] the civil bin neighbors, whoever I hear from in that area, it's not even just about some of
[2:10:54] we've talked about, although there was a so serious, but I'm also hearing about the aesthetics of the
[2:10:59] area that hold Carter, the street, that used to be a time when all of the owners were very,
[2:11:04] very responsible in terms of cleaning, in terms of, you know, pressure washing,
[2:11:10] in terms of making sure that when that night was over, actually it's the morning was over,
[2:11:16] that that street was returned to the way that it should be for people to be able to take a walk,
[2:11:21] but whatever it was, all of that's not happening anymore.
[2:11:25] So, you know, everyone that has expressed their opinion here tonight
[2:11:28] on the day, this is correct, but this is not the first time
[2:11:31] we've had this conversation.
[2:11:33] And I think that we've been really patient as a commission,
[2:11:38] because time and again, we're being told,
[2:11:40] we're going to do better, but then that doesn't happen.
[2:11:44] And I really think that probably our patients
[2:11:46] is right at the end of the line now.
[2:11:48] 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.
[2:11:57] Again, flip side, I don't want to see the good actors punished for the behavior of the bad actors.
[2:12:04] I don't want to see even, we have five entertainment districts.
[2:12:08] We never hear a peak from the majority of them.
[2:12:11] I don't want to see, you know, city mayor, I'm sorry, mayor, city attorney, city manager.
[2:12:16] 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
[2:12:26] 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
[2:12:35] 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
[2:12:46] to act as an entertainment district and with that comes all of the extra advantages in terms
[2:12:52] of helping your business and I'm all for that I want to make sure that we are helping
[2:12:56] the businesses but we need help from the businesses. There's no reason why so many institutions
[2:13:02] are willingly serving to 15-year-old, 16-year-olds and 17-year-olds and we know that they
[2:13:08] are and we know that that's a big part of their business so that is a challenge for us right
[2:13:14] now as a commission. But we just have to do better because I don't think we have a choice
[2:13:18] otherwise not do better. So I'm really hoping that you're able to, you know, marshal
[2:13:24] all of those folks and really study the agreement that's in place for the entertainment
[2:13:28] industry. And you will realize how no one's living up to that agreement. No one is living
[2:13:34] up to that agreement. Thank you. No one's living up to that agreement. Thank you. Thank you,
[2:13:44] 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.
[2:13:59] Okay, so then I want to make a decision tonight about hour.
[2:14:01] Okay, if we're just wanting to move forward with no open container.
[2:14:07] And by the way, no open container and no alcohol sales outside for me is all special entertainment districts.
[2:14:13] 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
[2:14:20] Right, whether entertainment district or not you know allowed to have open containers or you not allowed to have outdoor sales. Okay. Yeah, great
[2:14:28] So if we're gonna do that
[2:14:29] It was it seemed like I when you were saying if we're gonna agree to no open container
[2:14:34] No alcohol sales outside that folks are comfortable with us moving forward without
[2:14:40] changing the hours and having a robust conversation tonight. If you want to have a robust
[2:14:46] conversation tonight, then I want to talk about hours and I want to make a decision tonight
[2:14:49] about hours. So I just want to put that out there, man. We're not there yet. But I agree with
[2:14:54] the commissioner saying, it's a very good point. Either we are going to continue this kind of
[2:15:12] 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.
[2:15:29] 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.
[2:15:46] 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
[2:15:57] Let's make sure it's clear what's been said, okay?
[2:16:01] What's been said is, in a according to Ellen Boggenom,
[2:16:05] that the people she represents are fine
[2:16:08] with restricting outdoor sales and outdoor consumption.
[2:16:12] Right, okay?
[2:16:13] So we're good on that, yes, okay?
[2:16:16] The question now comes up the hours of operation, okay?
[2:16:21] Right, and it's right now in the special entertainment district.
[2:16:25] These operators are able to operate on Friday and Saturday night until 4 a.m.
[2:16:31] Okay. That issue we have not yet agreed on. Right. Okay. So now we have public comment.
[2:16:36] And we have the public weigh in on it and then we can make a decision.
[2:16:40] Okay.
[2:16:40] Okay.
[2:16:40] That's so complicated.
[2:16:42] But it's not complicated. It's not what was expressed by Commissioner Sonson.
[2:16:45] What you're saying now is the opposite of what Commissioner Sonson proposed.
[2:16:50] So I just want to know what we're doing.
[2:16:51] That's all.
[2:16:51] And I just told you. Okay. Okay. So I'm not doing stakeholder meetings and so forth.
[2:16:57] I can't move back. Don't you want to hear from the public? Well, I do. I do Mayor,
[2:17:03] but if we want to do that, I want to make a decision tonight. You can make a decision tonight.
[2:17:06] Okay. All right. You can make a decision not to make a decision. Okay. Great. Okay.
[2:17:10] We'll make a decision tonight. Okay. I'll plan. Okay. Just to receive you.
[2:17:13] Thank you for allowing us to speak. And this is pretty important because we've been here before
[2:17:18] about this. And I understand that a couple of months ago, there was a shooting there where
[2:17:23] a couple of people were shot. Five people were shot. And one night, five people were shot.
[2:17:29] I thought it was five over the whole years. One night, five people were shot at one night,
[2:17:33] and another person was killed in on the beach. At peace place. Okay. I did not know that,
[2:17:40] but, well, it's good to hear that you're all in favor of prohibiting the outside sales.
[2:17:46] 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.
[2:18:03] 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.
[2:18:12] not a security guard and it wasn't our decision it was in order for our occupational
[2:18:18] license to be issued we had to have fault law to the LPD there making sure
[2:18:24] that things weren't happening because nothing happened nothing good's happening
[2:18:27] after one two clock in the morning so we commend this commission for doing this
[2:18:33] but not having the hour thing I don't know if that's actually going to help out
[2:18:38] and we have Emily's garden we closed early so you're saying you think that we
[2:18:42] to restrict the hours of operation.
[2:18:45] I think that, look, I think that what we see there every night,
[2:18:50] it's just, it's a manhouse, okay, you know, young kids drinking,
[2:18:57] and no one is placing it, okay, are you favor or against restricting the hours of operation?
[2:19:02] We're in favor of what you wrote here, that's we're in favor.
[2:19:05] Okay, all right, and thank you.
[2:19:07] Thank you, thank you.
[2:19:10] Um, uh, a Skylar Smith.
[2:19:14] See here.
[2:19:16] No.
[2:19:16] John Farino.
[2:19:20] Are you, are you, John?
[2:19:24] Wait, wait, wait, wait, wait.
[2:19:27] Did you sign up to speak?
[2:19:29] Yeah.
[2:19:29] And what is your name?
[2:19:30] Oh, you're the next person.
[2:19:32] Okay.
[2:19:33] Go on up.
[2:19:39] Good evening commissioners.
[2:19:40] And, and thank you for the two and a half minutes of time.
[2:19:43] You're gonna give me two minutes.
[2:19:45] I'll try and keep it really short.
[2:19:46] My name is Steve Burke.
[2:19:47] I'm here today as both a property owner and a business owner with a stake in the survival of this district.
[2:19:53] Foodshown at which business you have.
[2:19:55] I own 200 Southwest Second Street which includes Munchies Pizza Club and nowhere-lunch.
[2:20:00] And I want to be clear about the economic reality of hammer-sheet. The street you remember from 10 years ago, it's gone.
[2:20:08] The market has spoken. Tarpendens is not coming back. Taco Kraft and Rockberger are long gone.
[2:20:15] And the era of 200 launch covers on a weekday died almost a decade ago. During the day, hammer-sheet is a ghost town.
[2:20:23] And I had the former Tarpen Benz space on the market for two years.
[2:20:28] I didn't get one phone call in 18 months, not a single call.
[2:20:33] And I didn't open up because I wanted to be an operator.
[2:20:36] I opened up because nobody else called.
[2:20:39] Him or she has evolved into an entertainment district where people come to dance
[2:20:43] to drink and experience the nightlife that makes Fort Lauderdale a world-class destination.
[2:20:48] And some of the businesses in our street are just profitable enough to keep going.
[2:20:52] 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.
[2:21:04] So, and I estimate other businesses are in the exact same boat.
[2:21:08] For a lot of us tried restricting March Tourism before and it was a historic disaster that took decades to recover from.
[2:21:15] If we change the hours in March, you are signaling to millions of dollars of tourism hotel
[2:21:21] bookings, restaurant reservations, to take their business elsewhere.
[2:21:26] Further, we haven't had a shooting in March in the past 20 years.
[2:21:29] So please don't sabotage the most critical month of the year.
[2:21:32] I have to, I want to tell you, we got an email from a father who's daughter went into your
[2:21:37] place and what she was 15 years old and she was served.
[2:21:40] What are you doing to church?
[2:21:42] So I want to first address like the idea that there's a lot of underage drinking inside
[2:21:48] the establishments is patently false.
[2:21:50] Munchies has been rated 17 times by the alcohol commission, 17 times, and not a single
[2:21:56] underage person was caught drinking inside munchies.
[2:21:59] Now I'm not saying it's 100% full proof, it's not because the father admitted to us that
[2:22:04] his daughter was served at your place of business and daughters sometimes lie and say that
[2:22:09] are reserved because they can bring a flask in,
[2:22:11] they can bring a flask with their friends,
[2:22:13] but Munchies does not, and I urge you,
[2:22:15] just come on any Friday or Saturday night to Munchies
[2:22:17] and look at our operation.
[2:22:18] All right, I will.
[2:22:19] Operation, right?
[2:22:20] If you are under 21, you get a,
[2:22:22] you do not get a wristband to drink
[2:22:23] our bartenders card to see in your discount.
[2:22:26] You, you absolutely, absolutely.
[2:22:28] So, you know, 17 times in the last three years,
[2:22:30] we've been rated, and I'm not saying
[2:22:32] it's 100% full proof.
[2:22:34] People always look through the map.
[2:22:35] People see the problem that we have as a government here,
[2:22:38] I get the e-mails to have parents that live in the Indiana and New Jersey and a
[2:22:42] wondering whether they should allow their children to come to Fort Lauderdale because of this reputation.
[2:22:46] I get what are you doing to help prevent this problem from. If someone slips through the,
[2:22:50] I get the e-mails from parents. Okay. I get them too. And I say, please send me a picture.
[2:22:55] And I'll look and if they have a fake ID, I will send this to our security.
[2:22:58] We paid over $200,000 a year on train security to police this situation.
[2:23:02] And I'm not saying it's 100% full proof. This is a problem in Fort Lauderdale
[2:23:06] in South Beach, in New York, kids get really good fake IDs that can fool you, that can fool
[2:23:11] me, that can fool all the cops in this room. And there's some time they slip through the cracks,
[2:23:15] but come and look on a Friday or Saturday night, come to our establishment and watch how we do it.
[2:23:19] We do it right. There's something, a 15-year-old does now look like a 21-year-old.
[2:23:24] I agree with you. Okay. I agree with you. Okay. So, let me get back to my speech. Sorry. I've ever.
[2:23:32] Beyond March, the impact of your decision will be staggering.
[2:23:36] 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.
[2:23:50] This ordinance is that one hour is going to get one hour.
[2:23:53] I'd like you to like it.
[2:23:54] 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.
[2:24:04] It's 40% of our revenue on the year between the month of March and on the Friday's and Saturday nights.
[2:24:10] So, a solution, a police the street, not the clock.
[2:24:14] Miami Beach didn't shut down Ocean Drive due to the multiple shootings they had over the years.
[2:24:18] They understood that more police and enforcement was a solution, not rolling back the hours.
[2:24:22] They pass measures to manage the behavior, not roll back the hours and kill the culture.
[2:24:27] So I'm standing here respectfully asking you for a six-month reprieve with two specific
[2:24:32] solutions that absolutely cost the city zero.
[2:24:36] Number one, eliminate open carry.
[2:24:38] We need to stop the people who can bring a cheap bottle of booze from home, tailgate and
[2:24:43] city garages, and then poured into a plastic cup and walk up and down the street causing
[2:24:47] mischief.
[2:24:48] These people don't patronize our establishments and the behavior needs to stop.
[2:24:51] And the second solution, private funding for extra police detail.
[2:24:57] All of us on him or she are prepared to independently pay.
[2:25:00] 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.
[2:25:11] Why haven't you hired the detail now already? Why haven't you guys come together?
[2:25:15] 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,
[2:25:29] for their ID. There's too many people. But if people, if it's illegal,
[2:25:33] it doesn't answer your question. Your proposal is in a private detail. Right.
[2:25:36] Everyone come together, hire private detail. Right. Why haven't you done that?
[2:25:40] We don't have any problems inside. So you know, a job. But it wasn't inside of establishment.
[2:25:46] Okay. Okay. So if it's inside, it's your responsibility. We are designed to
[2:25:52] self regulate any problems inside. And if we have a problem inside, we escort them
[2:25:56] to the police. Okay. And so the police can't really do their job if everybody can walk around with
[2:26:00] a drink. Okay. We're a community. I just encourage you to think broader than just inside your
[2:26:05] walls. We all work together. So I just ask you to think broader. I agree. I'm the biggest problem
[2:26:11] according to everybody sitting here is the tailgate culture. People being able to bring their own
[2:26:16] drinks and tailgate and the garages. And all of the underage drinking that we're talking about
[2:26:21] happens in these garages, not in the establishments. And I urge you to just come if you haven't been
[2:26:26] on a Friday or Saturday night, just come and see how we operate.
[2:26:30] All right, can you conclude your remarks?
[2:26:32] Yeah, I respectfully ask you to just give us 180 days
[2:26:35] to prove to you that these measures can work
[2:26:38] and, you know, refrain from passing an ordinance
[2:26:41] that would be, you know, could cause permanent damage
[2:26:44] to our culture, our tourism, our history,
[2:26:46] and our property values, and the violence,
[2:26:48] not the business.
[2:26:49] Thank you.
[2:26:50] All right, thank you.
[2:26:50] Actually, if you can hang on, because you and I exchange
[2:26:52] a couple of emails earlier today.
[2:26:54] Yes, sir.
[2:26:54] So if I could go and say my deep insult, so we had a good back and forth there yesterday.
[2:27:04] So I thank you for that.
[2:27:05] It was nice and respectful and I appreciate that.
[2:27:07] It's sadly rare that we have respectful dialogue back and forth with folks.
[2:27:12] It's not always very nice.
[2:27:13] So I appreciate that one of the concerns I expressed to you and I think I kind of
[2:27:18] brought it up with Ellen too is one of the things that concerns me with the
[2:27:25] 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?
[2:27:36] 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.
[2:27:46] 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?
[2:27:56] 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.
[2:28:07] Even for a loaded deal, long after we implemented zero tolerance, our spring break tradition continued
[2:28:14] on despite the fact that we did our level best to try and kill it. People still kept coming here.
[2:28:20] So the behavior that we're trying to reduce will continue on long after we take those steps to
[2:28:29] stop the drinking in the street. There's not going to be some magic flip a switch and we stop the
[2:28:35] anything in the street and people stop coming here. People still have this perception that
[2:28:40] for a lot of the others where you come to party all night long. So if we are not going
[2:28:46] to reduce the hours, if we keep the 4 AM all night long, ray of going, help me understand
[2:28:52] or help me figure out how we're going to stop people from coming down and hanging out and
[2:28:58] standing around in the street. Sure. So first to address you, like, it is an entertainment
[2:29:02] district. The idea is we want people to come and hang out, but we don't want them, but we're
[2:29:07] in K. We're not all night. We don't want them. Respectfully, we're not Tulsa, Oklahoma,
[2:29:13] we're not Lincoln, Nebraska. For a lot of it has a reputation of being a world class entertainment
[2:29:18] destination. People come here because they want to have a good time. So, we're putting it in
[2:29:25] one district is in my opinion, a lot better than letting it spill into Los Angeles and to other
[2:29:30] places that serve drinks, but we just have to police that district and right now the police
[2:29:34] detail that currently exists on the street, there aren't able to police it because they
[2:29:38] don't have the ability to tell people to put away their drinks. If all the people are inside
[2:29:43] the establishments, the establishments know how to regulate inside. Listen, we have problems,
[2:29:48] we our balancers are there to handle it. I'm not a balancer and I used to be a guy that
[2:29:52] 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,
[2:29:59] But who am I to-
[2:30:00] 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,
[2:30:29] 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
[2:30:37] I'm very concerned that passing this ordinance would cause a lot of plywood
[2:30:41] 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
[2:30:47] Which is clean up the street. Let us clean up the street and if we can police the garages and the open container
[2:30:53] I think that solves 95% of the problems. Okay. All right. Thank you sir
[2:30:57] 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
[2:31:12] businesses that are not a part of the last common control
[2:31:17] least that we had as the entertainment district in
[2:31:18] Hymnsey. For instance, I don't think much is as a part of
[2:31:21] that district. For how are we dealing with that issue sway I
[2:31:26] think Ellen Ellen's client. I don't think they're officially part
[2:31:30] of the entertainment district. So why are these businesses afforded
[2:31:33] the benefits of the entertainment district? If they're not part of
[2:31:36] the entertainment district, help me understand how we're dealing with
[2:31:39] 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.
[2:31:50] Instead of taking a path of desertification, which was an opportunity for the commission at the time if they chose to do it.
[2:31:58] In lieu of that, you asked us to go back and create a mechanism by which it would be more
[2:32:03] based on a geographic area where there were criteria for being in the district for
[2:32:07] south side of the district and also consequences for being a bad actor in the district.
[2:32:11] So that was the path we set out on back in June to take what's there now and try to
[2:32:18] formalize it and make it more legitimate. Well, that's something we have to definitely deal with
[2:32:23] because we're talking about a district that has,
[2:32:27] obviously, identifiable businesses,
[2:32:30] but then there are all these other identifiable businesses
[2:32:32] that are not part of the district.
[2:32:34] So how are they able to reap the benefits
[2:32:36] of that entertainment district
[2:32:37] unless we do some changes
[2:32:39] or incorporate more businesses into the district?
[2:32:42] Yeah, the only way to make it
[2:32:44] to where they should have those benefits
[2:32:46] is to complete what we started back in June.
[2:32:50] Well, I don't see how we can't.
[2:32:52] Well, at this point, there were certain businesses that think that they could stay open
[2:32:56] so for, but can't because they don't, they're not part of the district.
[2:33:00] Correct. There's probably about 20 establishments total within that hemorrhage area, about six.
[2:33:06] We're part of that last comment control lease, the others, which many of them operate
[2:33:11] as though they are in the district, especially in terms of the hours of operation.
[2:33:15] So what do we do with, where's code compliance?
[2:33:17] How have we permitted that?
[2:33:19] We were, let me just add a question first.
[2:33:22] How is Ivan had a few questions there, but that's okay.
[2:33:26] 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.
[2:33:41] So they could be subject to a code violation.
[2:33:43] I mean, operating in the way that they are would be outside of what the code provides.
[2:33:47] So that would be something that could be a issue.
[2:33:50] We have a lot on that.
[2:33:52] Right.
[2:33:52] I can imagine.
[2:33:53] Mayor, just to add, I think the intent was to bring everyone
[2:33:59] into compliance, and that was part of the work that we were doing
[2:34:04] in overhauling the ordinance.
[2:34:06] And we have been working on that since we were given the
[2:34:09] direction from the commission last summer.
[2:34:12] And so it was the understanding that these businesses
[2:34:16] that aren't officially part of the district,
[2:34:19] although located within the boundaries of the district,
[2:34:22] that they were going to be working toward coming into compliance
[2:34:25] with the rules of the district,
[2:34:27] and that we would incorporate them officially at some point,
[2:34:31] but you are correct.
[2:34:33] There are several businesses operating under the privileges
[2:34:37] of a special entertainment district,
[2:34:39] but they are not officially a part of the district
[2:34:43] because they were not part of that common control.
[2:34:46] Okay, common owner, fam on us.
[2:34:49] Okay, and now what do we do?
[2:34:51] Well, I think we're at a critical moment,
[2:34:54] a pivotal moment, so if the commission would like
[2:34:57] to see us allow the-
[2:35:00] These businesses to have that time to get it together so that they can be officially part of the district.
[2:35:07] 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,
[2:35:16] I would want to enforce and ensure that they are not participating in those privileges.
[2:35:21] 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.
[2:35:31] Okay.
[2:35:31] 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.
[2:35:48] It'll affect all the all the whole city.
[2:35:55] So.
[2:35:55] Wait a minute.
[2:35:55] Go ahead.
[2:35:56] Let me finish my question.
[2:35:58] Because we have.
[2:35:59] We're talking about especially entertainment districts.
[2:36:02] We have districts that are in compliance.
[2:36:05] And they're not having some of the situations and issues that we're seeing in
[2:36:10] machine. Good actors versus bad actors, are we going to, um, in a sense, discipline the whole,
[2:36:21] um, opportunity, all the districts, um, you know, you know how I go. I like to go to the
[2:36:27] don't lose denominator. I'm thinking as a parent, okay? I have five children in my home. One child
[2:36:34] not in is not following the rules. I do not punish all five children. I address the one that is in
[2:36:42] that is not in compliance with the house rules. So I understand what's being said, but I think we also
[2:36:49] need to give consideration to those districts that are being good actors that are not having
[2:36:56] these particular situations. Well I think I think what's being brought up now is that we have certain
[2:37:03] area's geographical areas, the one at
[2:37:06] hammer sheet and the one on the beach.
[2:37:08] Those are the only two entertainment
[2:37:09] districts in the city, correct?
[2:37:11] There's five.
[2:37:13] What are the other three?
[2:37:15] So there's the area that's not as
[2:37:18] brickle, which includes the warfins
[2:37:19] society law, so a separate
[2:37:21] from hammer sheet.
[2:37:22] There's separate from hammer
[2:37:23] at a degree.
[2:37:24] Yeah, there's some McCroy building,
[2:37:25] which includes 10 roof.
[2:37:26] It's talking about a very long
[2:37:27] timber, corrects there.
[2:37:29] And then there's beach place,
[2:37:30] which you know, and then there's
[2:37:32] to me, which is the area of rock bar that's just north of the elbow room.
[2:37:36] Okay, two on the beach.
[2:37:38] Right, so they're basically always very,
[2:37:40] they're, they're, they're, they're contiguous to one another.
[2:37:42] Yes, okay.
[2:37:43] So, so, and now we're learning that not every operator or every bar
[2:37:51] qualifies to be considered
[2:37:56] within the entertainment district,
[2:37:58] because the entertainment district is not just geographical,
[2:38:01] But it's also you have to have a special relationship with the city of contractual relationship, correct?
[2:38:06] So you have to either be under a common ownership or common control.
[2:38:09] Again, hemorrhage operative marker to the common control model through release document.
[2:38:13] 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,
[2:38:22] it also does require some things of the participants in the special entertainment district,
[2:38:26] which includes the filing and updating of a security plan, which does outline detail officers,
[2:38:32] street details, details for the establishments and other security measures that are taken
[2:38:36] for those establishments that are in the entertainment district. It also includes maintenance
[2:38:40] responsibility. So if you're in a district, if you're participating establishment, you're
[2:38:44] required to, you know, power wash your sidewalks, you're required to maintain the alley,
[2:38:48] you're required to maintain the business in a certain way. So it's, it's a little bit
[2:38:52] give and a little bit of get back when it comes to what those documents are going to do.
[2:38:56] So at this point in time, there are certain number of operators that do qualify that have
[2:39:03] their contractual relationship with the city, but then there are those even within that geographical
[2:39:08] boundary that are operating as if they have those privileges, even though they aren't, they don't,
[2:39:14] even though they haven't been given the permission by the city. So if we, so right now the status
[2:39:21] flow is that there's just a handful of businesses that qualify and all the others do not.
[2:39:27] So almost to the point where if we just do code enforcement, we may have solved part of
[2:39:33] the problem.
[2:39:35] So to be consistent with what we shared with you over this summer, that comic control element,
[2:39:40] we believe for the Hemerci district has gone away with the person that they're, we have
[2:39:45] will prove that.
[2:39:46] Well, no, no, no, so they had a comic control element through release.
[2:39:50] That entity that was the overseer of the comic control element has since gone away
[2:39:55] So there's no longer that that controlling entity that could you
[2:40:00] Even form the district. So that's when we shared back in June. It's consistent as far as we know today.
[2:40:05] Right. So go ahead then.
[2:40:07] You know.
[2:40:07] So we have not, we have not, we have not finalized any revision of the entertainment district requirements.
[2:40:20] We have not gone that far, but operators are operating still as if they're, as if they're complying
[2:40:27] based on the previous requirements that you just described the common control thing.
[2:40:31] Right, that's that disintegrated right went out, but it's still operating as if they are, right,
[2:40:36] right, but they technically don't have that authority. All right, it's very it's good to know that.
[2:40:42] I appreciate you telling me that your bars are not part of the district,
[2:40:50] put the put the mic on, I'm sorry, so to provide some color on common control of the first
[2:40:55] past a person passed away and then when COVID happened a lot of new entities came in didn't exactly
[2:41:01] know and there needs to be an agreement with the city and so we're willing to be undercommon control
[2:41:07] and we've been trying to formulate that with our discussions with the city attorney as cities
[2:41:13] staff COVID. Yes, no, recently in the past year when we've been talking about solutions,
[2:41:18] when did the person?
[2:41:19] There's this district.
[2:41:20] Oh, they, uh, 10 years ago.
[2:41:23] Yeah.
[2:41:23] And then, and then, yes, and then my cousin Greg was trying to be, Greg Berkowitz,
[2:41:29] was trying to be in charge of the district and comic control, but still needed the agreement
[2:41:34] with the city, and there, there wasn't, there wasn't.
[2:41:39] So, basically you're operating outside the scope of your, in good faith, we've been trying
[2:41:44] to get the common control agreement with the city and just, we, there's, there's this
[2:41:48] attitude, okay, right now. Right now, technically, technically. Yes, yes, okay, you're
[2:41:52] on. Okay. So, Mayor, that's what I want a little clarity on, City Attorney
[2:41:57] I'm going to ask you and Chris, I'll ask you. So, you can take seat, thank you. Okay, so, if
[2:42:07] I'm understand this right, does common control still exist in him or she for a number
[2:42:13] businesses or no? Yes or no? Effectively no. Common control does not exist anymore. Effectively
[2:42:19] none. Okay.
[2:42:22] So if common control does not exist for any business in the Hymmer-Chief Special
[2:42:30] Entertainment District, then businesses abide by the standard city, powers of operating
[2:42:39] alcohol sales. Is that correct?
[2:42:43] Yes, the the agreements are not and and the ordinance does not give any
[2:42:48] other authority other than to de-certify in terms of enforcement.
[2:42:55] So it's not clear and this is what I'm trying to express is by revising the CD ordinance entirely.
[2:43:02] We can recreate all of these standards. We could we could give by other licensed or
[2:43:07] petition each individual entity, the opportunity to have that extra hour. Instead of messing
[2:43:15] with this common control, which is unworkable, we have found, leaving us in a situation
[2:43:19] where we really don't know where it stands. Sure. And as of right now on the books, businesses
[2:43:28] and him or she need to abide by standard city hours. Is that correct or not correct? That is correct.
[2:43:36] I mean, there are listed specific entities within the common control, some of which exist
[2:43:42] and some do not. Of course, I think you could probably speak to that, then those would
[2:43:46] have the benefit of the actual agreement, but I thought you said common control doesn't
[2:43:51] exist.
[2:43:51] I said effectively it doesn't because it is, it's not, many of the businesses don't exist any
[2:43:59] longer, and so it's really not even an enforceable concept. We don't have the person who manages
[2:44:06] it. It's not worth the extended hours or not, of course, all right. Well, they are. They're
[2:44:12] enforceable as to those who are who entered into the agreement when the comic control
[2:44:17] was structured. So with the code of ordinances says in the special entertainment
[2:44:22] district section is that if there's a belief that a special entertainment district has not been
[2:44:27] compliant for at least 180 days or more that the city commission can direct staff to draft
[2:44:33] ordinance and then by motion approved the de-certification of a special entertainment district.
[2:44:38] So, to me, if we were to look at that last common control document, if we didn't believe
[2:44:42] they were compliant or that it was still compliant with the code, that would be the process
[2:44:46] by which that would be de-certified. Until then, I think we operate into the assumption that
[2:44:51] that last document that lists those businesses would be an effect until the commission took that
[2:44:55] action to actually de-certify that district. Okay. Now, the businesses that weren't part of that,
[2:44:59] That's a difference.
[2:45:00] 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.
[2:45:13] 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.
[2:45:30] So I don't we don't believe the common control is still an existence, but until the commission
[2:45:36] moves to desertify that district, we are going by the last common control document that we have
[2:45:41] to identify those businesses that allow those six businesses to operate in the longer act.
[2:45:46] Okay. I think it may be eight, so I think it may be more than six.
[2:45:53] Okay. So eight. So in other words, outside those eight businesses in
[2:45:59] 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
[2:46:08] So man, I think that matters in this discussion and I think until we
[2:46:17] Revise
[2:46:17] Revisit common control and possibly broaden it to others. We have to
[2:46:24] stand by the current allowances status quo for well the current allowances while I think
[2:46:31] status quo has been oh not to excuse it not to status quo but but I'm
[2:46:35] overly permissive right the status quo not the status quo but to but to enforce
[2:46:41] the laws that now currently is right we we have to because they're that is the
[2:46:46] law on the books so who has city manager do you have a definitive list of those
[2:46:52] that are in the district and are falling under the umbrella of, of course, it's going to be
[2:46:59] always that Chris has that person. Yes, I have the list, Chris, I'll have the list. Chris, if you
[2:47:03] could come. I'd like to, I'd like to hear that, City Mayor, everyone can. So we understand who
[2:47:08] as of right now is able to operate
[2:47:14] because if you, if you're not able to operate, that means
[2:47:18] you are not committed to performing the tasks that the law requires you to perform, like cleaning
[2:47:25] place up in the morning and stuff like that. I just think that, oh, oh, here she comes. Yeah. So the last,
[2:47:33] you know, go ahead. So the last seven that we had in a comic control document are the following
[2:47:39] Revolution live, Club Euro, E-bar, Capones, original fat cats, Stacey Rylees, and Swiggies.
[2:47:48] And all the others are not, they were not part of the last time, right? Those again, just so I can kind of
[2:47:55] euro, ebar, capones, original fat cats, dicey, riles and squiggies. That's just in the
[2:48:03] him or she. That's the same damage. That's correct. And the other entertainment
[2:48:06] districts, everyone is compliant and compliant. Yes. Okay. Yeah. Okay. So, Mayor,
[2:48:15] just as we continue this discussion and so forth. I mean, I think that we have a couple,
[2:48:22] decisions, which is the ones that are in the district and allowed the longer hours to allow
[2:48:28] those longer hours for those seven. Chris is always said seven, I think if he's, I think
[2:48:32] he said, to continue to operate in those longer hours. So I think that's one of the decisions.
[2:48:40] And then the future decision is, do we, is there a broader conversation for allowing others
[2:48:46] to be part of the district? And I think that that opportunity should be made available to them.
[2:48:51] 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.
[2:49:10] followed by Larry Mayley. And Danny Coleaca.
[2:49:23] That was not her? Okay Samantha? That was not you? Okay.
[2:49:29] Is Larry here?
[2:49:33] Larry. Could you just push the button at the bottom? Sure, but yeah, great. Perfect.
[2:49:39] One thing. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Thank you very much.
[2:49:41] from Emily's garden. So we call it entertainment district. But what kind of entertainment do
[2:49:48] you guys do? I own Emily's garden? I'm trying my best to have basically a family-oriented
[2:49:55] business, the comment that I have from a lot of my customers.
[2:50:00] My business is basically lunch, dinner and that, and I'm that because of you. Most of the people
[2:50:06] want work from where the high rise are, through my restaurant, and same thing is for pizza craft,
[2:50:12] jaceli's a manager, because of our dangers they think it is to walk through the bar.
[2:50:20] 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.
[2:50:28] I mean I'm sorry to say I had enough you guys have been talking about you know I hope
[2:50:33] these and that and that it's if you fail with the business it's because your business model is not sustainable
[2:50:41] not because of city tells you what to do I mean I'm sorry but
[2:50:45] the street is horrible it's a land of no one there is no code enforcement that's through you right
[2:50:51] you know they are allowed to have a dumpster like three yard dumpster in the street if I do that
[2:50:57] I'm in trouble and I'm like right next to it. Why is entertainment this thing allowed to do that in the street?
[2:51:05] Why are they allowed to have a loud music and sometimes you have to shut off a music?
[2:51:10] Because their club next door actually is a parking between me and the club put it so high
[2:51:15] There are no other business and we're talking about nine ten p.m. and Sunday a lunch
[2:51:20] I don't think it's okay
[2:51:22] I'm sorry, you know, you can have all your your employees come over and
[2:51:26] protest, but you gotta do it by the business, too. You can just ask the city to control you.
[2:51:34] It's a public business. What's the name of your business?
[2:51:37] Emily's got it then. Okay. All right. Well, thank you. Thank you.
[2:51:40] Thank you. Danny, Danny, Collika.
[2:51:47] Is that you, Danny, Danny up?
[2:51:50] Follow by Jamie Norris Kinghorn,
[2:51:56] followed by Derek Cursor.
[2:52:01] There's this famous button. Are you Danny? Are you Danny? Yes, nice to meet you guys.
[2:52:07] Who's going? Yes, so I've heard a lot of discussion and I want you guys to know that
[2:52:15] 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.
[2:52:25] 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.
[2:52:34] this is yours chemistry nightclub. So I mean, I don't know if it's irrelevant because I just heard
[2:52:41] you guys talk about the entertainment district and we're not a part of it. So right now trying
[2:52:47] to fight for my 4 AM, I need to figure out how to get in the entertainment district, but I can promise
[2:52:52] you as one of the newer venues there, we are very strict and when it comes to IDN, you won't find
[2:52:59] anybody underage drinking in our venue. A lot of our businesses, 21 plus depending on the type of event.
[2:53:09] But the problem that we have is that the detail officers cannot enforce anything on the streets.
[2:53:17] Even when we hire, they stand there. I've asked them to remove people from our parking lot
[2:53:21] 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.
[2:53:32] 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.
[2:53:44] Okay, we get it.
[2:53:46] So, all right, thank you.
[2:53:47] I think that's about it.
[2:53:48] Thank you.
[2:53:48] Hey, city attorney, if an underage person is drinking in a street, is that considered illegal?
[2:53:59] Well, yes.
[2:54:01] So if a person has got us keep hearing the solo cup, is drinking a beer in the middle of
[2:54:07] him or she's street and they are 15 years old.
[2:54:10] Can a police officer cite them?
[2:54:13] Yes, the police officer was aware of that.
[2:54:15] Right.
[2:54:15] 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.
[2:54:20] This is just a matter of enforcement. So all right. Thank you.
[2:54:25] Jamie.
[2:54:29] Here you go.
[2:54:29] Thank you.
[2:54:31] Thank you for allowing me to speak mayor in the city of Florida.
[2:54:34] My name is Jamie Norris Kinghorn and I've been a resident of South Florida for over 40 years.
[2:54:39] And I care deeply about the future for it.
[2:54:41] it out.
[2:54:43] Professionally, I am not only a owner of nightclubs shop and e-commerce, that service
[2:54:48] is nightclubs, not only in South Florida, but throughout the world internationally, but I
[2:54:53] also a senior leader at a major healthcare organization, one of the top five fortune companies.
[2:54:59] So I have to...
[2:55:00] 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.
[2:55:14] 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.
[2:55:24] So, I want to be very clear, I support public safety, I support accountability, and I support holding bad actors responsible.
[2:55:34] But what I do not support is a blanket curfew on nightlife in liquor sales.
[2:55:40] Because it does not address the root causes, and it creates unintended consequences.
[2:55:46] 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.
[2:56:00] And that kind of discretionary framework creates uncertainty for businesses, workers, residents, and investors rely on predictable rules.
[2:56:09] When enforcement standards are not clearly defined or data triggered, compliance becomes
[2:56:15] subjective and that undermines the trust.
[2:56:18] So when venues are forced to close at the same time, crowds spill into streets, parking
[2:56:23] areas and ride share zones all at once, increasing congestion and disorder.
[2:56:29] The partially managed venues with license, security and staggered closing times provide
[2:56:33] far more control and oversight than con-uncontrolled alternatives.
[2:56:37] So blanket curfew also penalizes compliant businesses and workers.
[2:56:42] I think we've heard a lot from the actors and the people on the street but we're not thinking about the bartenders.
[2:56:47] The servers, the security stuff, the DJs, the valley attendance.
[2:56:50] Even our right share drivers that depend on the business that comes in.
[2:56:54] So you're saying that if we decided to close the excuse me.
[2:56:59] If we decided that liquor cannot be served after 3 a.m.
[2:57:04] that that's going to cause patrons to kneel around the streets and at 4 a.m. it does not happen.
[2:57:11] It'll displace. It'll displace the the activity. Where does it displace too?
[2:57:16] That's exactly the place anywhere that has 4 a.m. so where they're going to go.
[2:57:23] They can go to house parties. They can go to different places. So they can do it at 3 a.m. too.
[2:57:28] That is correct, but I think what we're talking about here is the legivity of the businesses
[2:57:33] that help promote and the economy in South Florida. And it's not just for me, it's for Uber
[2:57:39] drivers, lift drivers. I also depend on it. I'm an executive for a fortune company. I think
[2:57:47] I'm not the only one that works just one, you know, more than two jobs to survive here and a very
[2:57:52] but Uber drivers can pick up passengers at 3 a.m. as well as they can pick them up before.
[2:57:57] Not if those venues are closed and not if there's not a demand. Do you know what I'm saying?
[2:58:03] So there's still going to trickle in business.
[2:58:05] You shut the business down an hour earlier,
[2:58:07] and I think the last gentleman said
[2:58:08] that there's more business past three to four
[2:58:11] during certain periods of the time,
[2:58:12] you're shutting down the opportunity
[2:58:15] for continued business.
[2:58:18] And I just think that's something that Fort Lutter,
[2:58:19] and I think that the other gentleman spoke about,
[2:58:22] we should be data oriented.
[2:58:25] And traveling all over the United States
[2:58:27] and internationally, we have not seen success
[2:58:30] in a blanket curfew. There has been more success in addressing the bad actors and addressing
[2:58:38] the behavior rather than addressing a blanket statement that affects even the good actors
[2:58:44] in the community.
[2:58:45] When you say addressing the behavior, what does that mean?
[2:58:49] Not abiding by the rules, like those that you stated that continue to have under age, you know
[2:58:56] or, you know, predominate. And I, I also wanted to touch on something, you know, we, we talked
[2:59:02] about the five, you know, the deaths with five, and to me, that's an outlier if it happens
[2:59:07] on one day. And before someone says, I'm being very insensitive, I lost my husband, the beginning
[2:59:12] of this year, 30 years. Okay. I take it very seriously, he died within the night life. If I truly
[2:59:21] believed that putting a curfew would have stopped him and would have saved his life, I would be the first one up here.
[2:59:29] I just truly, I strongly firmly believe that shutting down by a certain hour night is not
[2:59:35] resolving the root cause of the issues and what several people have said before, we are known for
[2:59:42] our entertainment, we are known for our night life, and it's not just these businesses that are being
[2:59:47] impacted. It's all the families. It's all the people that depend on these businesses for their income.
[2:59:54] Thank you for letting me thank you.
[3:00:04] Is Derek, Derek, Derek, Kersuck? Mayer, before we do that, I want to ask a question of Sherry to follow up on question
[3:00:12] U.S. So it's my understanding that Florida is not a stop and ID state. So in order for an officer
[3:00:18] to go up and approach somebody on the street that's engaging in an otherwise legal activity
[3:00:22] of drinking and open container. And by the way, everybody keeps saying, open carry,
[3:00:26] open carry refers to firearms. Please, let's be clear, open container.
[3:00:31] Well, we don't want that either.
[3:00:35] Still, still the land in Florida, but so open container.
[3:00:39] So if somebody is standing there with an open container, that's an otherwise legal activity.
[3:00:44] An officer has to have reasonable articulals suspicion that they are committing a crime.
[3:00:48] You can't just go up and I deep people randomly on the street.
[3:00:50] Which is why I said, if he knows, right, he would have to have some.
[3:00:53] Right.
[3:00:54] So there's no faces from off the road.
[3:00:55] Walk up to anybody on the street and ask for an idea.
[3:00:57] Well, they can ask for it, but they don't have to provide it.
[3:00:59] You can decline to provide the idea that if a person that looks young is carrying a cup
[3:01:05] of beers.
[3:01:06] So, a suspicion is not reasonable or a particular suspicion that somebody looks young is
[3:01:11] not a reasonable or a particular suspicion that they have committed or about to commit
[3:01:14] a crime.
[3:01:15] It's kind of the problem we have here.
[3:01:17] Because that would put the police officer in the position of making that analysis person
[3:01:20] by person in a street full of people.
[3:01:23] I think instead of what you're trying to do with the judicial issue, it's a very problematic.
[3:01:26] uniform ability to regulate uniform ability to enforce, which we currently don't have the way the
[3:01:32] SDD is written now, which is why we want to revise it, which could include the hours
[3:01:38] and perhaps give an opportunity to have that extra hour based on a petition or some other
[3:01:43] criteria that we could work with the stakeholders to create. But we also have the problem now that
[3:01:50] we have a district with people who are not technically part of the district, but the statutes
[3:01:55] enforcement is limited. We need to act quickly as my point.
[3:02:00] Right. So what you're suggesting is that if we if we bring it back to 3 AM, that we still have
[3:02:05] a process that allows a business operator to apply for the 4 AM provided that they comply with
[3:02:12] the certain requirements that we that we would establish and that would allow them to operate
[3:02:16] at 4 AM. So we're not precluding them from operating at 4 AM. We're just not giving a blanket
[3:02:21] permission within that area to operate at 4 AM.
[3:02:24] That's what I'm suggesting per entity,
[3:02:27] per business, not per some unit,
[3:02:29] per business or some,
[3:02:30] per common control issue.
[3:02:32] Like, like, we have, like,
[3:02:34] with the war film with the Macquaries and things like that.
[3:02:37] So let me ask you this, are we, are we in a position to do that,
[3:02:40] just yet?
[3:02:42] No.
[3:02:43] I know you knew to the channel,
[3:02:44] see that if I said I didn't know everything.
[3:02:46] But I mean, we're not a patient.
[3:02:48] I understand that there has been,
[3:02:50] 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.
[3:02:58] This is why tonight's proposed ordinance addresses just those discrete issues.
[3:03:04] So that we can still go back and revise the SED, putting in some other criteria and other things that you may choose.
[3:03:12] But in the short term, immediately to address this issue, you can deal with the alcohol in the alcohol.
[3:03:19] 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.
[3:03:32] 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.
[3:03:48] So that would be a new element that we would want to incorporate, if that was the pleasure of the commission.
[3:03:55] We also haven't sought any feedback from the business community as to what those
[3:04:01] satisfactory would be. So just want to put that out there.
[3:04:05] Well, we have some of them anyway. Do we not? It was just, they were just articulated earlier.
[3:04:09] Some of the criteria for being able to be considered an entertainment district operation.
[3:04:16] We do have certain criteria, so it's not like we're starting from scratch.
[3:04:21] We're not starting from scratch, but if it's a criteria, that is based on the hours of operation for alcohol sales.
[3:04:30] That's not something that we had discussed in terms of whether they could go beyond a certain time.
[3:04:38] And if they were things that would occur that would cause us to say, you know, longer have that privilege.
[3:04:44] Well, I think there needs to be a path for their ability to operate at the later hours.
[3:04:52] Okay, there needs to be some kind of path.
[3:04:55] And at first we did it, I mean it was an experiment.
[3:04:58] It wasn't really intended.
[3:05:00] 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
[3:05:29] 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.
[3:05:50] 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
[3:06:05] That we could also offer I think to to the good actors
[3:06:09] 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.
[3:06:22] 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.
[3:06:33] 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
[3:06:43] Maybe a cap on the number of special events per year or an rolling told one period whatever you're jeev
[3:06:50] Perhaps right even and as we heard tonight
[3:06:54] 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
[3:07:01] Derek, is Derek still here? Okay, followed by Mark Dickham and he's still here. There's Mark
[3:07:08] and then Tim Petrilo.
[3:07:12] Good evening, Derek. Are you associated with a specific operation?
[3:07:17] John, okay. Hospitality supplies everywhere you see. Okay, so good evening everybody.
[3:07:25] They say it takes a village to raise a child tonight that village is here. I've worked in the
[3:07:33] 16 years old. That's 21 years of lawful, gainful employment due to many familiar faces in this room.
[3:07:43] Today I have a small hospitality supply business that's relying upon the businesses represented here tonight.
[3:07:49] And that's an all districts district 1, 2, 3, 4 and 5, not just Timothy.
[3:07:55] I've been able to provide for my child. I've been able to employ others.
[3:07:59] They've been able to provide for their children.
[3:08:03] Some more affluent stakeholders here may say that the operating hours of the businesses here
[3:08:08] are safe to concern for them.
[3:08:11] They close the museum doors and theaters, well before many of these businesses open and
[3:08:15] open well after they close.
[3:08:21] Assault in exhibit five, the business impacts estimate where the city attorney and department
[3:08:26] director claimed there's no impact.
[3:08:27] It impacts the employment of everyone here, impacts their families, and impacts all of our lives.
[3:08:34] It impacts the vendors, it impacts the residents who support them,
[3:08:38] and it impacts the people making an honest living.
[3:08:42] Selling food, cups, napkins, birthday cakes, birthday candles.
[3:08:50] I generated about 95% of my revenue after midnight,
[3:08:53] applying such items to hospitality establishments across the city of Fort Largo.
[3:08:59] My resume is to cleat the NIDA if I apply anywhere else because they assume that I'm a
[3:09:03] Fort Largo guy.
[3:09:08] Thank you for your time.
[3:09:09] Thank you.
[3:09:17] Before we proceed, I need a motion to extend the meeting to 11 o'clock.
[3:09:22] Move the seconded.
[3:09:23] Please call the roll.
[3:09:24] Vice Mayor Herb.
[3:09:26] Comister Glasson?
[3:09:27] Yes.
[3:09:27] Comister Beesley-Pimman?
[3:09:29] Yes.
[3:09:30] Comister Sornson?
[3:09:30] Yes.
[3:09:31] Mayor Trenton. Yes. Thank you. Mark.
[3:09:35] Good evening, Mayor. Vice Mayor of commissioners. Mark Dickerman, Citizen Fort Lodale.
[3:09:40] 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.
[3:09:51] You're not enjoying yourself tonight.
[3:09:52] I'm having a ball. I always have a ball.
[3:09:54] I want to see an action that's a pyramid.
[3:09:57] I think I see a couple of issues here. First of all.
[3:10:00] 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
[3:10:13] the need for patrols of the garages to make sure that there's not tailgating going on,
[3:10:19] that'll also prevent the miners from, they get there after they may get there alcohol from some
[3:10:26] liquor store out west is supposed to local, so the thing come in, they bring their alcohol with them,
[3:10:31] they walk around the streets and they get drunk. I also think the kiosks, this is a problem,
[3:10:35] and no should be closed, at least a two o'clock. No kiosks outside the bar after two o'clock.
[3:10:42] last call of three is beneficial to the businesses and again open to Daniel
[3:10:46] Lousy for tailgating lack of buck control of consumption of alcohol which they
[3:10:50] are required by state block as well as enforcement of crowd control.
[3:10:55] Thank you.
[3:10:56] Thank you.
[3:10:59] Thank you.
[3:10:59] Thank you.
[3:11:00] Thank you.
[3:11:01] Thank you.
[3:11:01] Thank you.
[3:11:01] Thank you.
[3:11:06] Thank you.
[3:11:07] All
[3:11:09] right, Mayor and Commissioner, thank you for hearing this.
[3:11:14] First off, I agree with what's been said.
[3:11:16] I do believe that the Open Container,
[3:11:17] it's been a history of problems down in that district.
[3:11:20] And I really don't think that the hours of operation are the concern.
[3:11:25] The Open Container and open walking around is a big issue.
[3:11:30] I've been around that district.
[3:11:31] I started in 1997 as many as you know,
[3:11:33] and I had four operations in that.
[3:11:35] And in 1999, we were forced into the entertainment district, okay, the south side of the street was not in the entertainment district.
[3:11:44] 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.
[3:11:52] It was now West Street and there was an altercation.
[3:11:56] 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.
[3:12:04] There was no really rules or anything like that.
[3:12:07] Then City Manager George Restos came in at town and said,
[3:12:09] hey, we have to clean this up, we need to establish some rules.
[3:12:12] And in 2025 there was some rules that were put out by George Restos 2005.
[3:12:18] And then again, they were revised in 2008.
[3:12:23] That went on for about eight years and then it became another issue.
[3:12:28] And in 2016, Lee Felvin stepped into, as the city manager says, we have to do something about this district.
[3:12:36] And then in 2018, a set of rules that were adopted by everybody in the Embershe village and the city were put in place.
[3:12:43] And I was put on a selection committee to hire the nighttime manager, okay, Sarah Spurlock.
[3:12:49] Sarah Spurlock was in office for about three years.
[3:12:53] And during that time, issues were at a minimum.
[3:12:56] And now she went and here we are again talking about rules and regulations.
[3:13:01] The fact is that the city needs to take accountability for managing this district.
[3:13:09] We cannot allow this to be self-pattrolled.
[3:13:16] I had spray several times that this should be no different than a sidewalk cafe permit,
[3:13:22] let's call it.
[3:13:22] 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.
[3:13:43] 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.
[3:13:54] Okay. Well, does it, it's a little dirty. I would say, I would say when this was under control,
[3:14:00] there was great value. When we had, when I was in 1997, someone referenced that there wasn't that district change.
[3:14:07] it's changed dramatically because of the no restaurants and just bars.
[3:14:14] Before there was a lot of different bars and restaurants and people would visit there and
[3:14:19] from sourcing everything else once upon a time.
[3:14:21] Now I am in charge of the Macquarie district.
[3:14:25] I couldn't tell you if there's two, there's three people in there.
[3:14:30] there is tin roof, there it is taste and rooftop,
[3:14:35] and then there was someone on the other side that had closed.
[3:14:38] I can't tell you if tin roof is in place.
[3:14:40] I can't tell you if they are doing things
[3:14:44] that that had been reported to the city.
[3:14:46] I don't get any reports from the city.
[3:14:47] I get no insight to how they're performing.
[3:14:49] And if I were to enforce, I have no teeth to enforce.
[3:14:53] What action can I take?
[3:14:56] Now tin roof is not a bad actor,
[3:14:57] but what action can I take?
[3:14:59] if ten roof is that
[3:15:00] 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.
[3:15:10] I don't control. They have a lease with another landlord. They are a tenant of the district.
[3:15:16] 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.
[3:15:29] at the time. It was briny. I believe Tom Bogel had briny and then there was
[3:15:35] tilted kilt and I stepped into that district. So it's like a, like a, like a,
[3:15:41] because of all, at least that has no control, no teeth, no. Okay. And the
[3:15:46] city needs to be put in that place. That's the, that is the issue with our attention.
[3:15:50] I don't know whether we want to be put in that place. Because that's because, well,
[3:15:54] you're asking us to self patrol ourselves. Okay. And no, and, and, and you're
[3:15:58] us to try to enforce our neighbors with no real mechanism to enforce. So without the city, who
[3:16:05] is going to enforce and who's going to build accountability?
[3:16:07] What we're trying to, we're trying to build in some rules where the city can't enforce. I can't
[3:16:11] guarantee you every rule that you're going to come up with is in these four different things
[3:16:15] that have never been enforced. So if you think it's in a force ability,
[3:16:18] absolutely in a force ability issue. There's a lot of good action. There's a lot of bad
[3:16:22] containers, not the open containers, we don't have that rule. Well, open container allows
[3:16:28] teenagers to walk around. We get that. So that's not in those rules. That's okay. And the outside
[3:16:33] outside sales through windows and chaos and so forth, that's not in those rules.
[3:16:39] You know, but there is cleanliness, there's security, there's all the other things that
[3:16:43] quarreling. And in those rules, there were to participate in open container, what you had to do
[3:16:48] and things like that. Right. But it's a privilege to be it is for the entertainment industry. Absolutely.
[3:16:52] Right. And all privileges can be taken away if you don't comply. Right. Who's taking them away?
[3:16:57] Well, that's we're here tonight. That's what I'm getting here to discuss.
[3:17:01] It's free to discuss this, but we really need to look at what we're going to be enforcing.
[3:17:04] Well, some issues are starting to want to make a decision tonight. So we're going to make a decision tonight.
[3:17:08] Okay. Thank you. Thank you. Thank you.
[3:17:17] Bill.
[3:17:18] Good evening, Mayor of ice mayor. Members, commission, Bill Brown. I come tonight,
[3:17:23] representing two groups. The president has president, the central beach alliance, which has
[3:17:28] beach place and rock bar in those two separate entertainment districts and also as a present
[3:17:35] of the Council of civic associations that represent over 50 neighborhood community leaders at
[3:17:43] the meeting of the Central Beach Alliance on January 15th that we had 175 people in attendance
[3:17:49] which is probably more than the red shirts here concerned about what's going on at the violence
[3:17:55] 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.
[3:18:21] I heard a lot talk about hemorrhage, but I haven't heard much talk about beach place.
[3:18:27] It goes bigger than just alcohol.
[3:18:29] You have minors coming down, unaccompanied minors that come down there that aren't going
[3:18:34] into the establishments that are congregating outside.
[3:18:37] We don't have enough police officers on the beach at any given time.
[3:18:41] On a good night, we're lucky to have four officers patrolling the entire barrier island.
[3:18:45] Not counting a maybe beach place, having one or two officers at work.
[3:18:48] 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.
[3:19:00] 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.
[3:19:11] should have be the responsibility of the taxpayers to spend taxpayers money to help support
[3:19:18] and police the businesses of the certain ones that are the bad actors.
[3:19:25] No, you know, I think the chief will tell you a lot of those businesses used to have
[3:19:31] security don't use them anymore because they can't afford them.
[3:19:34] You know, he says 75 dollars an hour, that's a lot of money for some establishments.
[3:19:40] 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
[3:19:49] because
[3:19:51] Public safety and these are public nuisance businesses have to be addressed and we hopefully that we can all reach a happy medium
[3:20:00] 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.
[3:20:08] Deb Mott Wani followed by Sandy Faye.
[3:20:13] Good evening, mayors and commissioners. Thank you for your time tonight.
[3:20:17] I'm fully supportive of addressing the security concerns. I think everyone in this room is supportive of that.
[3:20:24] as it pertains to him or she and beach place, these are the two districts that have, you know,
[3:20:30] where the impetus for this conversation, starting, like a him or she's starting last summer,
[3:20:35] and then, of course, the events, the tragic events over the holidays at beach place as well.
[3:20:40] But I represent the district that was mentioned earlier where the warf is, and we haven't been mentioned
[3:20:45] because we don't have these issues, we are in compliance, we follow the rules, we don't have these
[3:20:50] 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
[3:21:01] I
[3:21:01] I was not proactively reached out to by anyone. I found out at a public DDA meeting that we were to be included
[3:21:08] I do appreciate staff's willingness to get on the phone quickly as I so I could express my concerns and
[3:21:14] That some of them are addressed in in in the back up, but the recommendation is to penalize all the
[3:21:20] districts including the good actors who don't have these issues and that doesn't make any sense
[3:21:24] to me. I did express a willingness to have a conversation with staff on some amendments to our
[3:21:29] district. If you're going to be taking away something that's going to impact our business, I think
[3:21:34] there's a compromise that can be had with some other items and so I appreciate staff time so far on
[3:21:40] that but we haven't had a full conversation so I'm certainly open to that but I don't want to slow
[3:21:45] down addressing the security concerns.
[3:21:48] So I think it makes sense to bifurcate them.
[3:21:50] They're clearly different districts that have different issues
[3:21:53] and different governance issues.
[3:21:56] As you mentioned, Hymmer, she is a unique district
[3:22:00] because you have a public roadway in the middle.
[3:22:02] We don't, we don't, we don't allow it, but containers.
[3:22:04] And we generally don't stay up until 4am,
[3:22:06] but we occasionally do, but we follow all the rules
[3:22:09] and we're compliant when we do.
[3:22:11] Taking that away from us will impact our business negatively.
[3:22:14] 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.
[3:22:26] So that's all I ask again. I appreciate your time tonight. Thank you.
[3:22:29] Thank you.
[3:22:33] Sandy, Sandy, Sandy,
[3:22:43] Sandy, Sandy.
[3:22:48] one of the property owners here around the Emerson Street,
[3:22:51] which has, I think, six tenants,
[3:22:54] a several of votes are actually eligible
[3:22:56] and members of the Emerson District.
[3:22:59] Just great, which businesses do you represent?
[3:23:02] I represent a Milwaukee Center, the property owner.
[3:23:04] Right, but which businesses?
[3:23:06] I think DICRIELY's, E-BAR, URO, are three of them.
[3:23:13] But you're not operating, which is all in the real estate?
[3:23:15] We own the, my client owns a real estate.
[3:23:17] Yeah, you're not the operator. Correct. All right, but yeah, I just want to understand. So club Euro, E bar,
[3:23:23] squiggies, squiggies and dicey violence. That's right. So four of the seven. Yes.
[3:23:27] Okay. Okay. Okay. I'm just one of the clarify a couple of things. First of all,
[3:23:32] we're obviously aligned with the safety concerns. Everyone wants the place to be safe and a vibrant community.
[3:23:37] We support the getting rid of the open containers, the energy shrinking and the increased police presence.
[3:23:45] We will also say is the folks that come to our establishments from the two to four,
[3:23:52] to a contract the fourth of a period are not the folks just coming looking for a hard
[3:23:55] party.
[3:23:56] These are folks that work at the establishments that close to a clock and don't want to go
[3:24:00] up home right after work and just want to go wind down for a few hours after their jobs
[3:24:04] are completed.
[3:24:05] That's what they do.
[3:24:05] That's the bulk of my clients, my tenants business through those businesses, through
[3:24:12] that timeframe.
[3:24:13] This is those folks who are coming off a work at the places that close up to a clock.
[3:24:18] Also, I understand a lot of this is unfortunately a reaction to the recent violence that
[3:24:23] occurred at Beach Place in Hymmer's shape.
[3:24:26] However, violence in crime does not operate on a time clock.
[3:24:30] That could happen at any point in time during the day.
[3:24:33] You're correct there, but what it did was it triggered our attention to come back and
[3:24:39] visit what's going on in these places, and it's, and this has been simmering for a very, very
[3:24:44] long time. Right? So it's not as a result of that. There's no way we're going to be able to
[3:24:53] to eliminate gun violence in the city of Fort Lauderdale, just like we can't eliminate it anywhere else
[3:24:58] in the country as long.
[3:25:00] All these people have open carry and, you know, unfettered rights to own guns. That's just another issue for another time.
[3:25:06] 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.
[3:25:19] because I remember years ago, like it was such an earlier, you know, the hammer
[3:25:23] sheet used to be a place where we had steak houses, that we had nice restaurants,
[3:25:27] where we had more family-oriented things, and it has now become, you know, it's fun to go there,
[3:25:33] right? It's a great place to go. The businesses that have invested there, they've created a
[3:25:38] really great environment to go have fun, but unfortunately, some people take that too far,
[3:25:43] And we've got to figure out a way that it doesn't become a, you know, a, a, a three-year
[3:25:50] ring circus.
[3:25:51] That's going to take away from the enjoyment that other people come to expect when they go there.
[3:25:56] And we're fully in line with that.
[3:25:57] My point is that to correlate the violence with the hours of operation, I think is an
[3:26:02] unspeak because violence could happen at any point in time.
[3:26:05] I believe if it's not mistaken, the beach place shooting happened around midnight.
[3:26:09] 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.
[3:26:16] Just happen to be a random time of that.
[3:26:18] That's all.
[3:26:19] Okay.
[3:26:20] Thank you.
[3:26:21] Thank you.
[3:26:29] Follow by Mr. Lowey.
[3:26:33] Is it Ian?
[3:26:35] And then Chanel Coward.
[3:26:39] Good evening.
[3:26:39] Good evening.
[3:26:40] American, even, by-smare, can even commissioners, can even to the public that have joined us here
[3:26:46] today. My name is Eric Maggett, my family is on the Brian Building since 1986, 40 years. Okay,
[3:26:57] I apologize for what happened to my image shape, but, you know, this is what happened when
[3:27:02] crowds come.
[3:27:06] I also own an operating bar
[3:27:10] in the
[3:27:11] Himanshade district since 2000. I keep the control door
[3:27:15] or 21 and over. Don't allow on the
[3:27:20] page. It'll help us. You've got the experience. You have the history.
[3:27:23] What's going to make this work for the city? I'm currently
[3:27:27] investing over a million dollars to renovate an open and new
[3:27:31] for what? And my building, where squeegee's pizza used to be? I also built chemistry building.
[3:27:42] No, we understand your investment, and we're thankful for that. We appreciate your commitment.
[3:27:47] This is a long history with this. We have paid the full loader to police since 2000,
[3:27:53] the detail and monitor, the lack of enforcement. What seems to be the problem? As they take
[3:28:00] our money and a lot of lack of enforcement of forlater a police. I hate it. They're not
[3:28:07] at the worst in the laws.
[3:28:10] I'm not throwing them under the bus. They're like everybody else.
[3:28:14] They're saying these are private detail though. We pay the full letter of police department to be
[3:28:18] in our neighborhood every week. Okay. The last 25 years. And what laws are they not enforcing?
[3:28:24] One of them, the biggest problem I don't go down because I'm highly offended is the marijuana was
[3:28:30] the smoking on the street. I've expressed my concern about that, because my customers shouldn't
[3:28:37] have to see that when they come to EBER. Okay, I pay a D-tiff. Okay,
[3:28:47] I'm here tonight because
[3:28:48] I care deeply about the MSC district and the future of Fort Waterdale. The challenges we discussed
[3:28:55] today didn't happen overnight. For many years this district has
[3:29:01] lack consistent focus and effective enforcement.
[3:29:08] At the same time we are dealing
[3:29:10] with a much larger national issue gun violence as we all know.
[3:29:14] It could happen anytime, anywhere, any place.
[3:29:19] These instances are happening
[3:29:20] across America at all hours. And there's responsibility lies with the individual
[3:29:25] committing the crime. Okay, the bad apple that came and decided to shoot in on our
[3:29:31] street, who also shoots in our schools, who also shoots at our airports, happens all the
[3:29:37] time, no one knows where this person is, and he's the one the blame for all of us
[3:29:43] having this ugly meeting today as I see
[3:29:48] it. I want to talk about what happens after
[3:29:53] house. Well, many people are asleep, others are working to support their families.
[3:30:00] Late night business create jobs. Generate income can keep our local economy moving.
[3:30:07] That economic activity supports investment, stability and opportunity for people across all income levels.
[3:30:17] Or middle class and rich. You somehow have to work two jobs.
[3:30:22] 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.
[3:30:31] Safety and economic vitality are not opposed in the goals.
[3:30:37] We're all on the same page, we agree with you.
[3:30:40] We have to have a new vision for my district, especially for me to restrain and hold on to my investment.
[3:30:47] We
[3:30:51] can have both through smart enforcement, accountability and cooperation with punishing those who are creating this problem.
[3:31:04] This is our investment and things are the right way.
[3:31:08] I respectfully ask the Council to consider all sides of the issue and to work with the businesses and the community.
[3:31:15] That's how we unite as one.
[3:31:17] Okay. All right. Thank you, sir. Thank you for your time.
[3:31:23] Mayor
[3:31:26] You're not the chief come up to us. That's some questions. All right. Thank you, sir. Thank you.
[3:31:30] See you, manager. I just want to ask the chief to come up.
[3:31:32] What's on?
[3:31:33] Please.
[3:31:34] Please.
[3:31:35] Shoulders.
[3:31:36] Thank you.
[3:31:46] Chief.
[3:31:47] Thanks for being here.
[3:31:49] Good evening.
[3:31:49] Good evening.
[3:31:54] Good evening.
[3:31:55] service, demand, and chief, see manager, I love to hear from Chief Goll
[3:32:00] and to calls for service from a paramedics standpoint to here.
[3:32:05] So, love to your feedback on calls for service, the kind of hours, and when you think
[3:32:11] about, you know, those later hours, what that looks like, and then, um,
[3:32:16] like to hear your feedback on the smoking marijuana streets.
[3:32:19] Thank you. Okay. If you don't mind, I'm going to address something that was just
[3:32:24] If anyone here has information about our officers not taking enforcement action, I need to know about that.
[3:32:32] I will tell you this.
[3:32:34] I am very proud of our officers.
[3:32:36] I've been down there many nights.
[3:32:37] I've been on the beach many nights working side by side with them.
[3:32:42] And they endure a lot.
[3:32:45] And as far as I'm concerned, they do a very good job.
[3:32:47] So if there's others in this room, they have information
[3:32:50] to the contrary, I'd like to speak to you before you leave tonight.
[3:32:55] Tantry your questions, reference the open smoking.
[3:33:00] We do address that, we have addressed that.
[3:33:02] And in fact, we have an actual plan that's been going on
[3:33:06] for the last three weeks.
[3:33:07] And I'm just going to give you some quick stats
[3:33:09] from that 18 arrests of them made 152 traffic stops,
[3:33:15] 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?
[3:33:28] 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?
[3:33:39] So, well, recreational use is not allowed in Florida, so it would only be.
[3:33:45] So, when we address, and we did that, we do address that publicly.
[3:33:50] When we address that, it's normally quickly realized that it's not a medical use of marijuana.
[3:33:57] Right.
[3:33:57] But it's similar.
[3:33:58] Remember, whenever we approach someone, we definitely need a suspicion or cause to approach someone.
[3:34:04] Well, isn't just the act of smoking?
[3:34:06] 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.
[3:34:29] 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?
[3:34:42] That is correct.
[3:34:44] We cannot demand someone's medical card.
[3:34:47] And now you're bringing up smoking.
[3:34:49] You know that's been discussed too.
[3:34:51] On the sand, on the beach, do we allow smoking in general?
[3:34:54] Do you look at that in entertainment areas?
[3:34:56] That's been brought up as well, as of now there's no regulation of that.
[3:35:00] I thought that the state passed statute about within the inside inside. I'm talking outside.
[3:35:08] Yeah, yeah, can you? I thought you couldn't smoke on the beach anymore.
[3:35:12] On the sand? On the sand? Yes, I believe that's still in effect.
[3:35:17] Yeah, okay. So, one more question that you would ask, I would like to answer your commissioner.
[3:35:23] If you're looking at that area and roughly the borders I'm talking about are a broader boulevard Boulevard to the north.
[3:35:30] Reber walked to the south, Andrew's Avenue, to the east, and Avenue with the arts here to the west.
[3:35:39] One o'clock to four o'clock are the busiest times, and we have a spike at 2 a.m.
[3:35:45] 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.
[3:35:55] If you're looking at a certain period of a couple of years here is what I'm looking at.
[3:36:01] And if you're looking at days of the week, it's obviously Friday into Saturday, early Saturday morning.
[3:36:10] Now, the busiest time is Saturday, late evening into Sunday morning.
[3:36:15] Those are when the peak calls for service come in in all regards 9 emergency 9-1-1
[3:36:22] and Officer Field initiated calls for service.
[3:36:26] And how does, thank you, Chief,
[3:36:27] and how does the hammer sheet area compare
[3:36:29] with other parts of the city?
[3:36:31] In other words, is this a higher call volume
[3:36:33] than other entertainment areas or Los Angeles
[3:36:36] or wherever we have other bars restaurants?
[3:36:39] For that time of day, yes, that's higher.
[3:36:41] And what, all right, thank you, Chief.
[3:36:44] I'll come, excuse me, sorry, go ahead.
[3:36:46] No, I just, Chief, I just wanted to ask you
[3:36:47] and thank you for being here.
[3:36:50] Talk to me a little bit about the activity in the garages and parking lots and what we're doing.
[3:36:56] Because this is something I hear also over and over and over, especially from the residents down in that area.
[3:37:03] What are we doing in terms of the garages and parking lots?
[3:37:06] A number of those statistics that I read off to you are from the garage activity.
[3:37:10] But what we've done now is we've taken officers and put them static and stationary in the Performing Arts Center garage here.
[3:37:18] as well as the government garage downtown.
[3:37:21] We do not have, you know, as you know, there's another garage that's private.
[3:37:27] We do not have our resources on there unless they're paid for detail in that garage.
[3:37:33] The other two that I mentioned, we do have an increased presence right now.
[3:37:39] And would you say that that's made a difference?
[3:37:41] I have a noticeable difference and the activity that's been going on there.
[3:37:46] Yes, and I will tell you of complaints, and I've spoke to you about this before as well.
[3:37:52] Those are very common complaints.
[3:37:55] I have not personally seen any since we started this action plan.
[3:37:58] Any complaints, Comin?
[3:38:00] Thank you.
[3:38:01] You're welcome.
[3:38:04] City manager, good afternoon.
[3:38:05] Chief Gollon.
[3:38:06] Certainly.
[3:38:08] Chief,
[3:38:10] fire chief, thanks for being here.
[3:38:12] Good evening, Commissioner.
[3:38:14] If you can give us a sense of calls for service this late night, early morning.
[3:38:20] 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.
[3:38:30] To put it in perspective, we responded last year to about 11 little over 11 hundred calls in that generalized area.
[3:38:39] 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.
[3:38:48] the individuals either gone or refuses treatment or transport.
[3:38:52] Looking over the data over the last year, a couple of years, and we go back to 2021,
[3:38:57] we show uptake since 2021, and they had calm down over the years, and then this past
[3:39:03] year have gone back up.
[3:39:05] And what I mean by that is in regards to shootings, this past year in 2025, we responded
[3:39:10] to 11 shootings in that area, and the last time that we saw that many shootings in the
[3:39:16] was in 2021. In between that time it was only about two to three a year that we were responding to.
[3:39:24] Most of the other data simply shows up ticks in March, March being our busiest month down there.
[3:39:31] But it is important to point out that when our units are responding to this increase call,
[3:39:36] 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
[3:39:43] 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.
[3:39:53] Thanks Chief. Appreciate it. Yes sir.
[3:40:00] Any other questions? No. All right. Next up, this is either Ira or Ian Low.
[3:40:08] And after that, we have Chanel Coward.
[3:40:17] Good evening, commissioners. My name is Ian Low. First, I just want to comment on something from Chief Schultz just said,
[3:40:23] 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.
[3:40:34] 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.
[3:40:42] Fat Cats has been open for 24 years. Fat Cats is a historic staple in the community, live music every night,
[3:40:48] and voted best filly cheese steak in Fort Lauderdale, three years in a row.
[3:40:58] Our food is amazing. Our kitchen closes at 3 am, the hours between 2 am and 4 am
[3:41:04] account for 32% of my monthly sales. These hours are crucial to our survival. We're
[3:41:11] where the night, we're where the night workers' in town go to go to relax after work.
[3:41:16] The verb, our version of happy hour, if you will. They're a version of happy hour. As a new owner,
[3:41:20] After my first meeting with the city regarding the safety in the district and the district
[3:41:24] contract was in 2023, I have participated in countless meetings in urban workshops with
[3:41:29] the city regarding the district.
[3:41:31] In every one of these meetings, I have strongly voiced concerns about the loitering in the
[3:41:36] violence brings it brings into our district.
[3:41:38] Parking law parties, car shows a legal, drink and food vendors on every corner.
[3:41:44] The DHVA and Riverwalk presented recommendations for a new entertainment contract in 2024.
[3:41:49] or part of the presentation you saw here last June with Chris Cooper has mentioned. These
[3:41:54] included removing open container that we agreed with, giving FLP to the power to stop
[3:41:59] the loitering. On May 20, the commission agreed a new contract need to be drafted quickly.
[3:42:05] The commission asks the city man that are the city attorney to clarify if the district
[3:42:08] manager must be a landowner, a tenant, or it could be a collective.
[3:42:15] Since that meeting,
[3:42:15] we have heard nothing from the city.
[3:42:18] We were not included in the December 2025 memo.
[3:42:22] The district can't contribute to something we're not invited to.
[3:42:26] As a responsible business and representative of the district, I've done everything you've
[3:42:30] asked.
[3:42:30] I've been able to add the table for years now.
[3:42:33] Years of warning about this unchecked crisis coming into our district, with no help and no answers.
[3:42:38] And here we are talking about punishing the same district.
[3:42:41] We agree that businesses that don't follow the rules should lose those privileges.
[3:42:46] I ask you to distinguish those between those businesses and the ones that are which
[3:42:51] hold the agreements and are working to revitalize the district.
[3:42:55] We agree more police detail are needed.
[3:42:59] But let's be clear.
[3:43:00] A details job is to protect the business and the customers on our property.
[3:43:05] My liability ends at my back door.
[3:43:07] 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
[3:43:16] We agree this is a law enforcement problem an ATF problem. This is a code enforcement problem. This is a city problem
[3:43:24] We ask you to please review the previous meetings agreements and address the gaps in strategy before making a decision that will
[3:43:31] Impact all business and health in the district. I thank you for your time
[3:43:34] and I hope you come to see me in a fast cast for Philly Cheese Six soon.
[3:43:37] Okay.
[3:43:42] All right.
[3:43:48] Great.
[3:43:48] Thank you very much.
[3:43:50] Phil, she sounds good.
[3:43:52] Is Capone still operating, is that correct?
[3:43:56] They're part of the original.
[3:43:57] So, Evan, I believe.
[3:43:58] Capone still there.
[3:43:59] Great.
[3:44:00] Okay.
[3:44:02] Fantastic.
[3:44:03] Thank you.
[3:44:05] So, everyone and squiggies is still running.
[3:44:07] Wiggies is not.
[3:44:07] That was actually the business that Eric just said he's remodeling.
[3:44:11] Okay.
[3:44:11] Remodeling.
[3:44:13] Got it.
[3:44:15] So excellent then six on there.
[3:44:18] They're gone there running.
[3:44:20] And so if they're not up in.
[3:44:22] If squiggies isn't up in running,
[3:44:24] then when it reconstitutes,
[3:44:28] would it be grandfathered into the seven or would it?
[3:44:31] Would that be a new process under where we fall now?
[3:44:35] When you say reconstitutes,
[3:44:37] I mean, it's like a meal.
[3:44:38] It's a meal.
[3:44:39] Same owner, same entity.
[3:44:42] I don't know.
[3:44:42] But you look at, is it? I'm not the owner, the same owner will be a new operator, same owner, same owner share.
[3:44:50] Same owner, same entity, and they're part of it already.
[3:44:53] That's just remodeling and you are.
[3:44:57] Nice.
[3:45:00] Okay. He said it'd be a whole new space with the same owner. Okay. Thank you. That's okay.
[3:45:06] Yeah, I can help answer that commissioner. Okay.
[3:45:08] Typically, when a new business came into the district, that would be when that comic control lease document would get amended.
[3:45:14] 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.
[3:45:23] 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.
[3:45:33] Got it. Okay. Then city attorney, another question on the hour.
[3:45:41] 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.
[3:45:52] 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.
[3:46:18] 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?
[3:46:27] For purposes of this ordinance tonight. Yes.
[3:46:29] 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.
[3:46:41] Yes. But as we said earlier, you could pull out one topic from the other.
[3:46:45] if you wanted to address the hour separately, you could do that.
[3:46:48] But as long as it's uniform, you can affordly applied.
[3:46:53] So in other words, if you don't change the hours for one district,
[3:46:57] you don't change the hours for all the districts.
[3:47:00] So Mayor, I think that's an important kind of clarification tonight.
[3:47:05] So we'll keep it going.
[3:47:07] Yeah, okay, great.
[3:47:08] Thanks, thank you, city attorney.
[3:47:10] Thank you.
[3:47:11] Actually, if you can come back, I'm sorry.
[3:47:13] So just a couple of questions.
[3:47:15] So, you were saying about your food sales, you said you do what percentage of food sales?
[3:47:20] 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.
[3:47:33] Okay, is it a breakdown between food and beverage?
[3:47:35] That's a right now now.
[3:47:37] 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.
[3:47:44] right so the idea you know what I'm here is everybody wants to stay out and dance
[3:47:48] right everybody wants to stay out and keep the party going but most you know it's
[3:47:52] like when I go to a football game they stop serving beer at half time I
[3:47:57] want to say realize that drunk fans are not good fans I understand that the
[3:48:02] majority people coming to my restaurant at three o'clock two o'clock in
[3:48:05] the morning two thirty in the morning are all getting off a work in dead
[3:48:07] sober they just got off work they just got off work they just got off all
[3:48:11] I was wrong yet. So this is a huge problem in England, right?
[3:48:15] Well, they have a very half of this meeting. Right. So.
[3:48:18] I'll see you guys there. Let me finish my thought here because this became a huge problem in England
[3:48:24] where they started doing very, very early closing times, right? And so everybody goes in there
[3:48:30] and basically pounds it for about an hour and a half and walks out and stumbles out into the street.
[3:48:36] So if people are coming in at three o'clock and doing their best to get drunk by four before they leave,
[3:48:40] That's, that's like he's being highly problematic.
[3:48:42] That becomes a business business responsible being a responsible
[3:48:45] business and not slam and drinks to not every five seconds and being
[3:48:48] like cuss-loing customers down, which would we do.
[3:48:51] What happens at my press run at three call on the morning?
[3:48:53] Do you have different groups from different bars and restaurants all over
[3:48:55] the city talking about work and just smoozing and having a good time and having a
[3:48:59] happy hour. Okay. So you're the, you're the after work in the, in the, in the
[3:49:03] busy hour and I was placed for everybody else or got it or after two.
[3:49:07] the morning I get packed so they leave cheesecake factory they all
[3:49:10] in the middle of the escape factory get off of work folks and everybody got it now
[3:49:15] now now I'm on and if you were in the you were are in the busy and you do work
[3:49:19] for tips you get a discount on every drink in the house understood and I
[3:49:23] want to stop here have to commission meetings okay thank you thank you guys
[3:49:39] Chanel followed by a Samantha Couslo and is anyone else which just
[3:49:43] on the side of okay.
[3:49:50] Did you sign up? You need to sign up. Well,
[3:49:55] inside the clerk.
[3:49:57] Good evening.
[3:49:58] Bye.
[3:49:59] So, I'm...
[3:50:00] Member Manager, edibar, and as he said, which is kind of hard to follow, our foothills are also really
[3:50:07] high between hours of two and four. We will lose some of our business, but we're okay with that,
[3:50:14] with getting rid of open containers, because one of our spots has an open window to the outside
[3:50:19] of the street, which we sell a lot when the bars are closing. We're okay with that. The problem
[3:50:24] is the city of Fort Lauderdale, the details that we pay, as you've heard tonight, they can't
[3:50:31] do anything. So even if we're going outside and saying, hey, you need to clear this street up,
[3:50:36] you need to clear the front of my bar up because patrons don't want to come inside. They do
[3:50:41] not have the ability to do that. So what else can we do? So we have code enforcement. Yeah, we
[3:50:48] reached out. We've talked to them. My cousin's a lieutenant for Fort Lauderdale. I've asked him,
[3:50:52] what can we do as business owners?
[3:50:54] Technically, our hands are tied when it comes to that.
[3:50:57] Well, we need, we're hearing that message tonight.
[3:51:00] We need more enforcement, whether it be code enforcement,
[3:51:03] whether it be police enforcement, and then also
[3:51:06] we're changing the rules on outdoor sales and things like that.
[3:51:09] So we'll go, you know, we're not trying to slam people,
[3:51:13] we're just trying to do baby steps.
[3:51:15] It takes certain measures to see what works,
[3:51:17] which doesn't work.
[3:51:18] So that's what we're here to discuss tonight.
[3:51:19] 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.
[3:51:29] 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.
[3:51:34] 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.
[3:51:46] 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.
[3:51:55] Like she has.
[3:51:56] 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.
[3:52:04] 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.
[3:52:14] Okay, so they have the authority, so it's a state law. You can't smoke marijuana in public just so you know correct
[3:52:23] But it's allowed and that's why they do it because it has been allowed to be done on our streets
[3:52:29] Okay, well the chief disagrees with you, but we can disagree. Okay, but it's the truth. Okay, fine, so
[3:52:37] Please aren't doing enough. Okay, so nothing we're gonna do tonight is gonna change the law
[3:52:44] around marijuana. Of course. So what happens to what would your feedback be if we stopped alcohol sales at three
[3:52:52] and let you stay open to four?
[3:52:56] I mean, it would still hurt some because like Ian said, a lot of us have friends that are in the business
[3:53:03] and they come out to see us at the end of their shifts. Our food sales,
[3:53:09] but for those of us that have restaurants in there, it would be a huge effect on all of us.
[3:53:14] What time do their shifts end? Most of them end at two. So by the time they leave it's three.
[3:53:19] 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.
[3:53:27] Okay. So like 90% of your patrons are bar workers.
[3:53:34] 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.
[3:53:41] know. What percentage of your patrons are people coming off shift bars? But that's
[3:53:47] time of the night. Probably about 30, 35% maybe? Okay. All right. Thank you.
[3:53:53] You're welcome. All right. Thank you Samantha.
[3:54:02] And the last person will be Santa
[3:54:03] Guerrero.
[3:54:07] And while you people are used to get it staying up to 4 a.m. We aren't.
[3:54:15] Hello. Hello.
[3:54:19] 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.
[3:54:32] I'm a local who's been going downtown since she was 18 years old with crosses on my hands.
[3:54:37] 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.
[3:54:47] Over my three years of experience in the downtown area, I've witnessed knife fights, pepper sprays, threats.
[3:54:54] Not a single one of these inside of business are even by people who I just left a bar, but by people who can...
[3:55:00] Recome, every weekend, with their own alcohol, not purchase from a local business, like the first person spokesperson said.
[3:55:07] 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.
[3:55:17] I would bet my life that the violence caused were those five people were shot, were not regulars and honestly a doubt of locals.
[3:55:24] Mayer, correct me if I'm wrong. Didn't the FBI set a $2,500 reward for anyone who could come
[3:55:30] forward with information on the shooter? That's correct, right? If security recognized them,
[3:55:35] they would have cashed in that check. I guarantee you. My point is I understand you're concerned
[3:55:40] in Fort Lauderdale becoming a war zone, but with all the respects, the only thing to stop that
[3:55:44] is to ban the loitering and ban the open containers. Standing over there, in the white shirt,
[3:55:49] 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.
[3:55:57] That's sitting there with the glasses, that's Josh, and Mike is somewhere over there. They run security for Sway.
[3:56:03] 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
[3:56:09] 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.
[3:56:18] 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.
[3:56:25] Even though as another formal councilman said, we can't fault the businesses for what happens outside of them.
[3:56:30] Where it gets weird is because, like I said before, people come downtown with their own drinks, etc.
[3:56:38] Mayor, as for the fake IDs, I'm going to defend the businesses really quickly.
[3:56:42] As a former underage party girl, no bar or balancer down there is going to risk their
[3:56:47] license and knowingly let in a 15 year old. The girl that you're talking about goes to
[3:56:52] Spanish River High School. She's a sophomore. She's in, she's, she's, she's in the same
[3:56:56] grade as my little brother. My dad, Sean Nakna-Maraga, he goes to PTA meetings with her dad.
[3:57:01] So I've heard this on a personal level. She's a rich kid that has money for a really good
[3:57:05] fake ID and respectfully to her as a minor. Developmentally, it does not look 15.
[3:57:10] The 15-year-olds of previous generations do not look like those of today and have all the economic needs to pass for overage.
[3:57:17] 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.
[3:57:23] And that's not something.
[3:57:27] No.
[3:57:33] It's a parental issue.
[3:57:34] And that's something we unfortunately cannot change.
[3:57:37] Change in the time won't affect the 15-year-olds trying to get into clubs.
[3:57:40] If they have a good fake ID, they'll just come earlier.
[3:57:43] It won't affect the people bringing an alcohol from outside, but it will affect the over time pay of your officers
[3:57:48] 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
[3:57:54] And it will affect the money of every other regular person with a job
[3:57:58] That's just trying to feed their family. All right. Could you please conclude your comments? That's it. Okay. Thank you
[3:58:11] Thank you for letting me go over time. I appreciate that. Yes, I do
[3:58:17] So, you may sit down.
[3:58:18] Okay, thank you.
[3:58:19] Thank you.
[3:58:20] Sammy,
[3:58:26] people keep signing up to speak.
[3:58:29] Just telling you that, you know, the commission is getting tired.
[3:58:32] And we're going to make some decisions while we're tired.
[3:58:34] So I just want, I just hope that people stop.
[3:58:36] We've got the message.
[3:58:37] We hear, we heard all the issues.
[3:58:39] So, I know everyone likes to have their day in court.
[3:58:42] But I'm just letting you know that the commission can only operate on all
[3:58:45] like cylinders up to a certain point.
[3:58:47] It's almost 11 o'clock.
[3:58:48] And we want to be able to have an honest and fair discussion on this so I have three other people
[3:58:55] sign up now to speak. So it's can't keep going on all night. We'll have these three, but nobody else.
[3:59:02] I'm sorry. We just got to put it into it. Sammy.
[3:59:05] All right. I'm not really normally sleep by 10. So to literally for me. So hi.
[3:59:10] My name is Sammy. I am a sleep.
[3:59:11] Yeah. My name is Sammy Guerrero. I'm the head of Global Operations for Fact Tuesday.
[3:59:14] 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
[3:59:25] 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
[3:59:36] You know a lot of the people in this, you know, I heard a lot of a lot of arguments here
[3:59:41] for the change of the time but you know I'm I'm a guy that's from Ohio in Ohio we have
[3:59:45] some some things that are that are drive-thru's where we can buy alcohol to drive-thru's
[3:59:49] or we can go to grocery stores by alcohol I also have a lot of brands that are in New Orleans
[3:59:53] where you can also go through drive-thru's order, battery, battery to go, take it to your house
[3:59:58] and have it there
[4:00:00] We are also a big proponent of the drive of the side window that we have in our operation as part of in
[4:00:06] hemorrhage. However, I do believe that to me, from being an out of town or not being from here, when my friends
[4:00:14] come to visit and enjoy the nightlife that is for Lauderdale, they do think it's crazy that you can walk outside with your
[4:00:20] 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
[4:00:29] my business because I'm known for grabbing go, right, and Vegas. That's all that we do in the
[4:00:33] ones. You have the drive to location. So for me, it's something that, uh, at, in Bayside in Miami,
[4:00:38] uh, in other locations, we're known as a grabbing go location. So I do think, you know, uh, the other
[4:00:43] gentleman said that it's 32% of the sales from, from two to four, I think for me to have 50% of
[4:00:48] 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,
[4:00:54] I understand the weed, we can't stop everybody and see if it's Delta 9, Delta 8 or anything.
[4:00:59] You know, anything else like that, but it's pretty evident that 90% of the people that are
[4:01:03] hanging out on the blocks are drinking alcohol and just hanging out.
[4:01:06] I have the license to open, you know, to have 10 or 20 more tables outside and I've made
[4:01:10] the conscious decision not to do that because of the experience that my customers will have.
[4:01:15] Thank you.
[4:01:16] Thank you, sir.
[4:01:17] My last point would be for the gentleman here that owns the coffee shop.
[4:01:20] I take my 20-month-old daughter to the Hemerci area.
[4:01:24] It doesn't get busy at all until 10 o'clock and I feel completely safe with my 20-year-old
[4:01:28] my wife. In fact, I got engaged on the river. So, I don't think that's a valid point.
[4:01:39] This person's state, this partnership I cannot read for the life of me of he's from Miami,
[4:01:44] Club Euro. Who's that?
[4:01:51] Okay.
[4:01:55] All right. Dick. Dick Coker.
[4:01:59] Somehow we overlooked your card. I apologize.
[4:02:09] Good evening. Dick Coker. I'm representing dicey
[4:02:11] Riley. He's one of the original in part of the list. I just want to make a couple of points real
[4:02:17] quickly, I won't reiterate the things that people have said already.
[4:02:21] The gentleman from Munchies explained the economics of the late night business.
[4:02:27] I think that applies to every business here, it certainly applies to dice you rallies.
[4:02:33] University, the change in the hours is what's going to kill these businesses.
[4:02:40] University.
[4:02:40] You're going to kill the, you're going to kill the,
[4:02:42] all going to go out of business.
[4:02:43] It will, it will substantially harm the businesses.
[4:02:48] And so the point I want to make is below hanging fruit
[4:02:52] you have here that everybody agrees will not only help the city
[4:02:56] but help the businesses is to eliminate the open containers.
[4:03:01] If you do that, you know you're doing the right thing.
[4:03:05] Everyone agrees on your side, on the business side.
[4:03:08] it's the low hanging fruit and we believe the business owners believe that by doing that you will see a
[4:03:18] substantial improvement on the street. Substantial. The debris on the street will be cut substantially.
[4:03:26] The people just milling around will be cut substantially.
[4:03:32] The underage drinking will be cut
[4:03:34] substantially, the enforcement by your police officers will not be hammered because they can
[4:03:44] just go up. They have probable cause if somebody is drinking with an open container and that can
[4:03:50] be enforced. Right now it can't be enforced. So all these things are there for the open container.
[4:03:58] Whereas the economic harm is on the hours, so you have the chance to take the low-hanging
[4:04:08] fruit, see if it really helps, see if it really helps, while not doing the economic
[4:04:13] harm to the businesses.
[4:04:15] We ask you to do that first.
[4:04:17] Okay, great.
[4:04:18] Thank you.
[4:04:18] Let me ask you a question.
[4:04:21] So, you mentioned on a regular drinking, see if you think on a regular drinking is a problem there.
[4:04:25] Oh, of course it is.
[4:04:26] it's a problem everywhere. And if I could mention, because I've happened to have the phone calls
[4:04:34] about this with NIC rallies and others, for $250, you can get the best fake ID there is.
[4:04:43] You can look 28 years old, if you're 17 or 18, you can get it online. I'm surprised that the
[4:04:52] Let their credit cards be used for their under-age miners to buy these great ideas.
[4:05:00] Where we used to have to do it on a Xerox machine. The guess what? Guess what? When I go into a 711, they
[4:05:07] card everyone that that looks like they're under the age of 30. So it can be done. Yes, you
[4:05:13] card them, but the cards are so good these days. Yeah. They are. You pay $250 and you could be any
[4:05:20] age you want. I promise you. Really? I could be 30 again. I could be 30 again. I can't do it.
[4:05:29] I appreciate it. Okay.
[4:05:36] Okay. Is anyone else who wishes to speak on this item? If not,
[4:05:39] do I hear a motion to close public hearing?
[4:05:41] Move to second.
[4:05:46] Who's the second of please call the roll on those.
[4:05:49] Is there a mayor? Yes, Commissioner Glassman. Yes.
[4:05:52] Mr. Beesley Pippman. Yes, Commissioner Sorenson. Yes,
[4:05:54] Mayor Trentals. Yes, and public hearing is now closed. Okay. So this is your district
[4:06:00] Commissioner to glass and what would you like to do?
[4:06:05] Yes. Well, first of all, I want to thank everyone for showing up tonight and expressing
[4:06:09] yourselves. That's the most important part of this evening. So thank you very much.
[4:06:15] So this is where I am right now, Mayor. I really believe that our earlier discussion is something
[4:06:21] I'd like to follow. I think we should do right now what we all agree should be done in terms of
[4:06:26] open containers and sales, and then I believe that we should just stop there, have staff continue
[4:06:34] to work. I think that Ellen mentioned that she'll be happy to get together with her clients.
[4:06:40] I think that all of the businesses in the district have got to step up to the plate, but I'm not
[4:06:48] ready to deal with anything yet in terms of closing hours at this point. I really want to make
[4:06:55] It really clear that I certainly understand what makes these businesses successful.
[4:07:02] I'm not at this point ready to impede that in any way, but at the same time, I really
[4:07:08] want to make it very clear that I think the patient's level of this commission is just
[4:07:13] at its breaking point now, and I really think that we have to see improved behavior again.
[4:07:20] As I said earlier, I don't want to punish the good actors because of the behavior of
[4:07:25] bad actors. But I think that we should just take this in steps. I think there are good things
[4:07:31] that came out of this evening. And I'm willing to just give it that little extra time. But as we
[4:07:37] acknowledge earlier, Spring Break is really soon. And I want to be able to see us come back
[4:07:44] before that. We have the whole month of February. And I really want to be able to see us make some
[4:07:49] substantial changes and making sure that we're able to move forward.
[4:07:54] Again, I want to find the balance here.
[4:07:56] I want to find the balance with doing what's right to protect public safety, also to protect
[4:08:03] the business interest.
[4:08:05] I don't want to throw out the baby with the bath water, but I think that we've made some
[4:08:09] good substantial progress this evening.
[4:08:11] So let's do what we all agree we can do, find that common ground, and then take it incrementally
[4:08:18] after that.
[4:08:18] So you'd like to introduce an ordinance that that reiterates all the aspects of the
[4:08:27] ordinance that exhibit six except you'd like to remove the sections that say that limit the
[4:08:34] hours of operation from four to three you want to keep it as is. I want to keep it as is right
[4:08:41] now on page five of six of the camera has the citywide well that's the citywide and then it also has
[4:08:47] existing special entertainment districts time. I'm willing to keep that the same for the time being.
[4:08:53] Yeah, so in order to be introduced.
[4:08:58] Like, come on, come on.
[4:09:02] So, okay, in order to be introduced, comments,
[4:09:05] questions, comments from anybody.
[4:09:08] Commissioner Sorenson, what are your thoughts?
[4:09:12] Thanks. Thanks, Mayor. Thank you everyone for being here.
[4:09:16] Let's see, city attorney, question, go ahead, city clerk, okay,
[4:09:23] 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.
[4:09:37] So how quickly could that process be established?
[4:09:45] Well, we'll work immediately to do this and I understand that the stakeholders want to participate,
[4:09:50] so I think we could collaborate and create criteria to give that as a permit or a license,
[4:09:56] or give the managers some authority with some kind of call-up, we could instruct her.
[4:10:00] 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.
[4:10:13] Yeah. So I mean, that's something I'm very interested in.
[4:10:15] But it's not going to happen in the next two weeks. It's going to take a couple of months.
[4:10:19] 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.
[4:10:37] 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.
[4:10:47] But if we go with what the ordinance is that's been introduced,
[4:10:53] that at least gives us one step forward in the right direction.
[4:10:57] And we're going to take these folks to their word.
[4:11:00] I'm going to take Ellen Bogdan off to her word that she's going to organize
[4:11:05] the owners and the operators so that they can come back with a plan.
[4:11:10] And we'll see within the six months or less what they've accomplished
[4:11:14] to see whether or not there's been success sick.
[4:11:18] You know, I hope we never have another incident like we experienced these last few weeks.
[4:11:24] I don't want to see this type of behavior, continue in Fort Loderdale.
[4:11:28] It took years and years and years for the city to erase that image.
[4:11:34] And I just don't want to see us falling back at a time when we can, you know,
[4:11:39] where at least benefits our community.
[4:11:41] So your admonition is, let's move forward with some kind of process.
[4:11:47] I still got more to say, yeah, yeah, but yes, I'm interested.
[4:11:51] I'm definitely interested in the process in having a way to achieve that privilege to be
[4:12:00] in.
[4:12:00] Yes, to operate to Fourier.
[4:12:05] So city manager and city attorney, so my understanding is right now there are six
[4:12:10] businesses in the hemorrhage area that can operate until 4am. Is that correct?
[4:12:18] Correct.
[4:12:20] Okay. Those who have been party to that agreement. Yes. Correct. So from a
[4:12:28] enforcement standpoint and from a being good neighbors and working together,
[4:12:33] everyone else needs to do what? What time do they close? What time do they stop selling alcohol?
[4:12:42] in theory or on paper.
[4:12:46] No, it's not on theory, it's not theoretical.
[4:12:50] What's this?
[4:12:50] This is viral loss.
[4:12:51] What's the ordinance?
[4:12:53] They should not have the ability to have those extended hours of sale and consumption.
[4:13:00] So those who are not party to it are not operating within our current framework.
[4:13:08] so only the six can operate until but again I just walk me through can so if you're in the
[4:13:14] six you can or maybe if we need Chris to if you're in the six you can do what and sell
[4:13:19] alcohol until what and what days if you're not one of the six then what do you have to do?
[4:13:23] If you are one of the six the existing hours Sunday through Thursday,
[4:13:29] 70m to 40m of the following day Friday through Saturday, 70m to 40m of the following day
[4:13:36] their additional privileges as well as outline in the memorandum. No distance separation between establishments. Outdoor
[4:13:50] sale of alcohol unless that's a decision the commission is making a decision on today. Open containers
[4:13:57] of alcohol within the boundaries of the special entertainment district. Increase decibel levels
[4:14:03] that extended hours for noise. Those are the privileges afforded to those within the special
[4:14:09] entertainment district that are part of that, or greater. And if you're not in the special
[4:14:14] under, and if you're not one of those six, you have to what? Close that, I don't know what the law is.
[4:14:19] So you would operate under the normal hours of the city, which is the 2 a.m. and the 3 a.m.
[4:14:26] Go. So that's the law as it is today, unless we want to change that law.
[4:14:31] 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
[4:14:38] I say oops, we goof for the last 10 years. So now as of tomorrow. We're sorry. I had to do that.
[4:14:49] I don't know the duration that this has gone on for and to what extent
[4:14:56] You know my mom always says when you know better you do better
[4:15:00] 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.
[4:15:17] 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.
[4:15:29] A through, A through Z, okay, and let me continue doing, let me continue to remain open until
[4:15:37] 4 a.m., but not open, but serve alcohol until 4 a.m. What that process should not be that complicated, right?
[4:15:45] I don't think it should be complicated, but it's more to it than the hours of sale. There's certain
[4:15:51] 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.
[4:15:56] 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.
[4:16:08] We don't have to change any ordinances, we don't have to change any rules or already in place.
[4:16:13] For this six people have already complied.
[4:16:16] 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
[4:16:23] that they're going to fulfill the expectations according to the ordinances that are already in place.
[4:16:29] And then continue to allow them to remain open until 4 a.m.
[4:16:32] I think that can happen. But I think the prior discussion with the businesses was that we were
[4:16:38] going to restructure this all together. At some point we can't. But right now we do have an ordinance in place.
[4:16:45] And it's achievable. Obviously six operators have already succeeded in being able to fulfill the
[4:16:53] requirements. So what is it going to take for these other folks that claim to be eligible,
[4:17:01] but are technically not eligible because they are not, they have to not enter into that agreement
[4:17:07] with the city. Chris, what are your thoughts on that. So in the if the entity that was the
[4:17:15] convict control entity was still an existence, then it's a matter of adding or subtracting to an
[4:17:20] existing district. The criteria for creating a new district is some of the criteria is difficult
[4:17:28] to meet and probably not attainable in the areas of the city that we have current entertainment
[4:17:32] districts. Part of that was that it was an economically suppressed or depressed area,
[4:17:37] economic revitalization area. There's some of that older criteria that was present and the
[4:17:47] 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.
[4:17:59] Okay. So let's add from the existing district. Can it, is it a nominal control entity for
[4:18:06] HEMR-She doesn't exist anymore. That would be the person or group that could add or subtract,
[4:18:11] which is what the manager described as the intent behind creating this new mechanism or program for
[4:18:18] HEMR-Sheets to somewhat reconstitute itself. That would be the path forward. When was the, when was the
[4:18:28] to press area. I mean, these were all created back in the probably mid 90s, late 90s. I'm
[4:18:36] going to, well, he referenced it. He may know, but it was in around the operating as the war
[4:18:42] in the late 90s. No, but he just had a few years. Right. So those businesses can change and
[4:18:48] can become new and different things, which the war did. Warf was an empty lot. Yeah, but it was
[4:18:52] part of that district, so it was contiguous and it, and it, right, I don't know, they
[4:18:58] tore it all down.
[4:19:02] Yeah,
[4:19:04] but Chris is what I can say, but what you're asking is the point
[4:19:09] I'm alluding to. There is a person, there is no body that, in, enter a district, okay, that
[4:19:18] entry should be approved and held by the city, right now it's in common control, so right
[4:19:25] Now, if someone were to apply in my district, I would have to accept, and can't
[4:19:30] it lead nobody applies in my district.
[4:19:32] And I'm sure what happens on him or she's street is a person may not even be aware
[4:19:37] of their in the district or not in compliance with the district, and my neighbor is opening
[4:19:41] for him.
[4:19:42] So why am I not opening for him?
[4:19:44] And a consumer walks into a establishment thinking they're all open to for him.
[4:19:48] So that's the issue that we have.
[4:19:49] I know that's the issue that we have.
[4:19:51] and we have a lot of operators here who are operating as if they are in a district and they're not
[4:19:56] that's correct but there is no enforcement of who is a
[4:20:01] So they just go on out the force and we have code and force.
[4:20:05] But my point, mayor, is that we've allowed this to continue.
[4:20:08] I know all of these. But I'm here. Okay.
[4:20:10] The same call, all of these groups of people.
[4:20:12] The complaint.
[4:20:12] Well, right now, I think you almost have to have like the state on this until staff figures is all
[4:20:19] out. Comes back to us with the ordinance completely done and a total reconfiguration of
[4:20:25] how we're approaching all of these districts.
[4:20:27] 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
[4:20:36] I just think it's totally unfair to penalize anyone at this point when it's really been the city's behavior
[4:20:43] That's caused a lot of this issue. I don't I'm yeah. It's a city's way
[4:20:54] Yeah, yes it don't tell me to be quiet mayor. You'll be quiet and meeting is over
[4:21:03] If we only share the meeting hey, well, that's just 10 seconds just come to us move to extend the meeting to 1130
[4:21:11] 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
[4:21:19] So anyway, I'm saying, I'll go ahead and go ahead and vote.
[4:21:23] We'll go ahead and vote.
[4:21:24] Vice Mayor Herbs.
[4:21:26] Commissioner Glassman?
[4:21:29] Commissioner, please leave him.
[4:21:31] Yes.
[4:21:32] Commissioner Glassman.
[4:21:34] Yes.
[4:21:36] And all I'm saying is shame on us because we have allowed this to continue all of this time.
[4:21:42] That's all.
[4:21:42] So I'm saying, you put a stay on this and you just let everything continue until we hopefully
[4:21:47] figure this out really soon, but I don't think it's fair to take any kind of enforcement
[4:21:53] action at this point in time when we haven't done any enforcement action in a decade.
[4:21:58] That's what I'm saying.
[4:22:02] And prior in 2018, when Lee Feldman tried to attack this problem, his solution was to create
[4:22:14] night time manager and a night time manager at that time was a city's
[4:22:18] representative for enforcement and she worked out it worked out pretty well until
[4:22:23] budget cuts happen and then she lost a position.
[4:22:26] Clearly timid didn't work out that well because we were not enforcing what we
[4:22:29] should have been forced. We were back then. Oh, so, so fix were operated in until no
[4:22:34] no, no, that 2018 this is exactly right. So, so, so when we're only six
[4:22:39] were operating until four and two, that thousand, no, no, no, there was others in
[4:22:43] 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
[4:22:54] 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
[4:23:01] Okay, so Mayor thought it was. Yeah, so look I think we actually need enforcement. I'm a believer in force
[4:23:09] on what we should institute is new enforcement that we've never had before, which is eliminating
[4:23:15] open container and eliminating on-street alcohol sales. So that enforcement and that
[4:23:21] rule needs to go in tonight. And I think there's consensus on that. So I think we need to
[4:23:25] well, well, you're, well, you're against the question and you're doing. No, no, no, I introduced
[4:23:30] an ordinance to do exactly those two things. That's what I did. So how can I be against enforcement
[4:23:35] if I, if I, no, it's set.
[4:23:38] You said it's the extended hours that you're getting.
[4:23:40] You're, I think it's a fourth month.
[4:23:42] No, I'm not, again.
[4:23:43] You're, you're, you're a, you're a reduction of the extended hours.
[4:23:45] At this moment in time, right?
[4:23:47] Yes.
[4:23:47] At this moment in time.
[4:23:48] And then for, so the existing law, we're saying,
[4:23:52] we're just gonna, kind of, not put into play,
[4:23:56] the existing law we have now on the books,
[4:23:58] and we're gonna allow just kind of,
[4:24:01] how we've been operating, to go for now,
[4:24:04] 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.
[4:24:16] I think that could happen.
[4:24:18] And like I said at the beginning, I think stakeholders should be part of that discussion and and and work through it.
[4:24:24] All right, together. And then the last piece I have is, do this question for city attorney.
[4:24:30] So I'm just waiting to see the attorney, so if we have a process where individual
[4:24:38] businesses will be able to opt in to the later hours of so forth, do you still need
[4:24:43] a entertainment district?
[4:24:45] You could maintain the district, but you would have specific criteria and enforcement
[4:24:50] ability. We would change it so that it is much more clear the common control clearly doesn't
[4:24:55] work. It's wholly unworkable.
[4:25:00] 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.
[4:25:23] So do we need a special entertainment district for us as a city to allow someone to stay open later?
[4:25:29] I think we should maintain the special entertainment district boundaries because otherwise what would stop businesses from outside the existing districts from wanting to
[4:25:42] That's exactly it.
[4:25:44] Why can't the businesses on Los Olsdale put before if they comply with all the entertainment
[4:25:48] district requirements?
[4:25:51] That's a question.
[4:25:52] Don't have the answer, but it's certainly something we should do.
[4:25:55] So, the commission would like to expand the opportunity for those privileges, city-wide.
[4:26:02] There would be an expectation for enforcement, management, administrative oversight, city-wide.
[4:26:10] Well, we can think about it. Yeah, I think it's worth we'll think about it. I think it's worth it
[4:26:14] 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
[4:26:21] Do you have any thoughts on this
[4:26:26] So as everybody also said I think the
[4:26:29] Open container has got to go that's that's been an absolute disaster for the area. I think it's got to go
[4:26:36] I'm not persuaded on a couple of things
[4:26:38] I'm not persuaded that reducing the hours is going to be the catastrophic financial collapse
[4:26:44] of the entire district that everybody is suggesting it is, and I'm also not convinced
[4:26:49] that simply getting rid of the open containers is going to somehow lead to magically cleaning
[4:26:54] up the area and changing its perception that this is part essential for all of Broward County.
[4:27:00] That being said, I'm willing to try it.
[4:27:03] So, let's give it six months. We could always revisit this. If this isn't working in six months,
[4:27:09] then I say we we explore cutting back the hours. But I'm willing to give it a shot. I'm skeptical.
[4:27:14] And this is against my better judgment. I'll tell you all that right now. I don't believe it's going to work,
[4:27:19] but I'm willing to try it. Okay. So you, you support the, I would support the ordinance as an
[4:27:24] Okay.
[4:27:26] Pan-Besley, Pitman.
[4:27:28] Yes.
[4:27:29] I'm an agreement.
[4:27:30] I will support.
[4:27:31] It has.
[4:27:32] As it has been amended.
[4:27:33] I don't want to be redundant.
[4:27:35] Everybody said everything.
[4:27:37] And again.
[4:27:38] And support.
[4:27:39] All right.
[4:27:40] Please call the roll.
[4:27:45] So you're turning it just to confirm.
[4:27:48] It's.
[4:27:49] We're introducing it as amended on first reading or are we reading it as we discuss.
[4:27:54] but it the changes will be made within the first and second reading with that yes within between first
[4:28:01] and second reading. Wait wait that's not what the that's not what the commissioner moved.
[4:28:07] So you're saying he says he's the ordinance that he's introducing is the ordinance as state
[4:28:13] and exhibit six less the language that restricts the hours to three p.m.
[4:28:18] 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.
[4:28:27] For a second meeting.
[4:28:29] But that's what you're passing.
[4:28:32] Sorry.
[4:28:32] And let me just clarify.
[4:28:34] So all that's next with this would be a second reading and then approval.
[4:28:39] Yes, but then the additional request to come back in 90 days.
[4:28:45] That would be the following.
[4:28:46] But that's not part of the ordinance.
[4:28:48] That's not part of that.
[4:28:49] That's just a request by the commission that rules be promulgated.
[4:28:53] That will, that can be presented to the commission to either approve or not approve as far as.
[4:29:01] As far as allowing these these particular businesses that feel that they're in the in the entertainment district that are currently not.
[4:29:10] 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.
[4:29:16] to allow these folks to be able to comply as the ordinance requires.
[4:29:21] And just for clarity, that would still be within the boundaries of the existing special entertainment districts.
[4:29:29] And again, this, the no open container, no alcohol sales on the street applies to all special entertainment districts across the city.
[4:29:39] Correct.
[4:29:40] Great.
[4:29:42] Thank you.
[4:29:43] Please call the road.
[4:29:44] Is that clear?
[4:29:47] 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
[4:30:00] 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.
[4:30:37] Okay, folks, we gotta keep the meeting going, so please thank you.
[4:30:42] Okay, moving on to M1 motion approving agreement for invitation to bid holiday park improvements.
[4:30:51] Hey folks, we still doing business here.
[4:30:55] We're not done yet.
[4:31:00] Oh, I'm sorry. Yes, you're right.
[4:31:04] Let me just do this one thing and then we'll move to that. Thanks for reminding me.
[4:31:12] I folks, we need to get on with our meeting.
[4:31:15] Folks, keep it down with someone like to introduce the motion.
[4:31:19] Introduce. Okay, someone like the second it.
[4:31:22] Second, to move in the second did any questions.
[4:31:26] I just hope we can get the, uh, I just hope we can get the playground built someday and holiday park.
[4:31:32] We will, Mayor.
[4:31:33] Thank you, Rick.
[4:31:37] Please call the roll.
[4:31:39] Vice Mayor Hurks, Commissioner Glassman. Yes, Mr. Beesley Goodman. Yes, Mr. Sorenson. Yes,
[4:31:45] Mayor Trentals. Yes, an M1 is now approved. I want to skip to the Quasite Judicial
[4:31:52] Hearing. This is on,
[4:32:00] which one is this? There's two. R3 or R4. R4, Quasite Judicial
[4:32:05] Appeal. All right, the final order, the Board of Justice, regarding Case number PLN BOA,
[4:32:10] 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.
[4:32:23] Vice-married, do you have any disclosures?
[4:32:27] No.
[4:32:29] Commissioner Beesley-Pitman.
[4:32:31] Not as closures.
[4:32:32] I have none.
[4:32:33] The commissioner, last minute.
[4:32:35] Any commissioner, sorry?
[4:32:36] Yes.
[4:32:45] I have an announcement to read.
[4:32:53] Okay.
[4:32:55] This is an appeal filed in accordance with sections,
[4:32:59] 47 dash, 24.1, 47 dash, 24.
[4:33:03] 12 and 47 dash, 26 b.
[4:33:07] One of the ULDR.
[4:33:09] As a result of the Board of Adjustment entering a final order denying a variance application
[4:33:13] for case number PLN BOA 2404001.
[4:33:21] By the way, this case number is different than the one that's on the agenda.
[4:33:27] A single-family residence located at 2436 Kat Kay Lane for Lauderdale Florida, seeking variances to allow a shed to remain as built,
[4:33:36] encroaching on the side and rear yard setbacks.
[4:33:40] The petitioners are Mario and Elena Attach tackard, Section 47-26b.1 of ULDR provides the following.
[4:33:54] 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,
[4:34:02] and we have two, one of two standards have to be determined whether or not we want to hear the appeal.
[4:34:07] Number one, there is the departure from the essential requirements of law and the proceedings appeal
[4:34:13] or two, competence, substantial evidence does not exist to support the decision.
[4:34:20] If the city determines that there was not a departure that there was not a departure
[4:34:25] from the essential requirements of law or that competence, substantial evidence does exist
[4:34:30] to support the decision, then the decision will be upheld through the adoption of a resolution
[4:34:35] upholding the Board of Adjustments final order of denial.
[4:34:39] If the City Commission finds that either there was a departure from the essential requirements
[4:34:43] of law in the proceedings, or that there is competent, substantial evidence does not exist
[4:34:49] to support that decision, then the City Commission shall adopt the resolution setting a
[4:34:54] denovo hearing.
[4:34:55] In accordance with section 74-26b.1
[4:35:00] 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.
[4:35:16] The city commission will first hear from the applicants followed by outside council representing the Board of Adjustment and then public comments.
[4:35:27] So I invite the applicant to now come forward to present its appeal at this time.
[4:35:41] Thank you, Mayor and commissioners.
[4:35:43] Ellen Bogd and offer presenting the tasers.
[4:35:45] I'll try to make this brief.
[4:35:47] We do believe that they did not have competent substantial evidence to deny the variance.
[4:35:54] And I just, I don't know, there were four variances.
[4:35:57] Three were in the second meeting in November.
[4:36:00] And those were all related to the shed itself.
[4:36:03] The shed was installed in 2013.
[4:36:07] Did they install the shed?
[4:36:09] It was there when they bought it.
[4:36:10] was the previous owner. There was some alterations to the application on the permit, but the
[4:36:17] shed never changed. We have pictures. It was always a 10 by 20. The application shows 10 by 10,
[4:36:24] but it's all irrelevant because at the end of the day they didn't build it and the city closed
[4:36:28] out the permit. During the Board of Adjustment hearing, there was an admission by staff that for whatever
[4:36:34] reason and they couldn't really determine why the permit was closed out. So when they did their
[4:36:40] home. They saw there was a permit and the permit was approved. It was approved. It was approved.
[4:36:47] Right. The shed was approved. What exactly is the is the is the variance that they're
[4:36:52] seeking? So more specifically they are just looking for. It's 1.1 feet. It's 0.5 feet and
[4:37:01] three feet. So is this with relation to the next door neighbor's property? Yeah, it's to the back.
[4:37:07] It's to the next door neighbor, and it's also to the structure of the actual house.
[4:37:13] It's the house is too close to the shed itself.
[4:37:17] There was a neighbor who came and testified in the first hearing,
[4:37:20] who is on the other side, and he says he has no problem.
[4:37:22] It's existed there for years, and nobody's ever complained about it.
[4:37:25] So who filed the complaint?
[4:37:29] Basically what we, okay, so they altered their carport.
[4:37:33] They put up two walls. They didn't change any of the electric or anything like
[4:37:37] that they put up two walls to kind of create a little bit more storage.
[4:37:41] I guess somebody saw them doing it, filed the complaint, when code enforcement came out
[4:37:46] from what I understand, they found the shed and they went for an after-the-fact permit
[4:37:50] didn't realize they need one just to put up walls, they went for an after-the-fact permit,
[4:37:54] and the permit was stalled because of all of the other things that they had.
[4:37:59] They also determined that the carport, the setback was incorrect there as well, but that house
[4:38:06] existence in 1955 in the footprint has not changed and that was the other variants and I don't
[4:38:11] know if it's necessarily included in this Lenovo hearing, but they removed it in the second hearing
[4:38:16] because the Board of Adjustment was extremely confused as to what they were voting on the first time
[4:38:22] as to whether or not all the ordinances were together or whether or not they were separate
[4:38:26] and the minutes were changed. If you read, if you go back and you look at the actual video,
[4:38:34] It was our position that they actually voted to pass all of the ordinances, and then staff basically said to them,
[4:38:41] no, that was just to simply separate the ordinances.
[4:38:45] So it was somewhat confusing.
[4:38:47] So they ended up with an extra neighbor who was not the complaining party.
[4:38:51] We're not sure who complained.
[4:38:53] Well, the law says you have to disclose who the complainant is.
[4:38:59] I don't think that they were ever told who the complaint was.
[4:39:01] And I don't think they did a public rest record.
[4:39:03] Richard, I find that.
[4:39:03] I find that.
[4:39:04] The neighbor is you have, you have.
[4:39:07] You have.
[4:39:07] They testified and they had no problem with it.
[4:39:09] They had no problem with it.
[4:39:10] So who's the agreed party here?
[4:39:14] The city, if the city approved it with the permit, the neighbor doesn't have a problem with
[4:39:18] it.
[4:39:19] Who's the agreed party?
[4:39:20] My clients, you know, $85,000 in fines for, no, but I'm very interested.
[4:39:25] There is none.
[4:39:26] There is none.
[4:39:27] No, there's nobody that seems to care.
[4:39:31] they basically have, one of the reasons they were attracted to the home was because it had
[4:39:35] this large shed because it's a relatively small home and they needed extra storage and it
[4:39:40] was complete storage.
[4:39:41] Actually, they ended up the previous owner actually put I think electric and other stuff in it
[4:39:45] to make it a livable and when code came out, they were asked to rip it all out and they ripped
[4:39:51] it all out and just used it for storage.
[4:39:53] So they tried to accommodate every stuff that they anchored in the ground which is why it can't
[4:39:57] be moved.
[4:39:58] Yes.
[4:39:58] It's huge, it would have to be dismantled.
[4:40:00] It would be very expensive Ukraine. We probably have to take it out. They're on the water.
[4:40:04] Mayor, just for your awareness, the neighborhood associations and surrounding associations, which are very vocal and very passionate.
[4:40:14] A lot of else in surrounding have expressed no concerns with this to me at all.
[4:40:21] Okay. All right, so let's hear from our people. Let's hear from Salina.
[4:40:29] Good evening.
[4:40:31] Good evening, Mayor, Vice Mayor Commissioners.
[4:40:35] Sunni Nick Gibson on behalf of the Board of Adjustments.
[4:40:38] What we're here on today is a quasi-judicial appeal to see whether or not two things happened.
[4:40:48] 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.
[4:40:59] It did determine that there was no departure, as Sermere has already said, if there's no departure
[4:41:07] and they had competence in some central evidence, then the ruling of the board must be
[4:41:12] of help.
[4:41:13] On the first prong when we analyze this case, we look at the departure from the essential
[4:41:17] requirements of the law.
[4:41:19] Here the board followed the review process exactly as set forth in section 47-24.12.
[4:41:25] The application was properly filed, noticed, and heard at a public hearing.
[4:41:30] At the July time of 2024 hearing, the practitioners were sworn allowed to present evidence
[4:41:35] and allowed to argue their case and the board deliberated and voted.
[4:41:40] And what was alluded to is that there was some confusion as to what the board was voting on
[4:41:45] and the clerk asked to clarify that the voting was to consolidate all four variances
[4:41:52] and to one vote instead of voting on the variances separately.
[4:41:56] That passed 0 to 7.
[4:41:59] After that vote, they then voted on the four variances in one.
[4:42:04] That vote failed.
[4:42:06] Now, I understand there might have been some confusion as to what was happening.
[4:42:10] But that would have easily been rectified by that second vote.
[4:42:14] Because on that second vote, everyone in the commission was clear that they were voting on all the variances.
[4:42:19] and that one did not pass.
[4:42:23] After that happened when the denial is issued,
[4:42:26] the petitioners then went back and they did an appeal process.
[4:42:30] They invoked and requested a re-haring.
[4:42:32] The board then had a separate public hearing on that request for re-haring.
[4:42:37] And at that re-haring, they determined that because it may have been an error
[4:42:42] to consider all four applications at once and because there were new photographs
[4:42:46] of the shed that were not presented at the first hearing, they unanimously granted a second hearing.
[4:42:54] At this second hearing, which now in total is three hearings regarding this shed, they then did the exact same thing,
[4:43:01] but now they had a vote. So evidence was presented, the arguments were made, and then there was a vote on this issue.
[4:43:08] So at that hearing on November 13, 2024, there was a full hearing on the merits.
[4:43:13] They considered the evidence again, and then they voted again.
[4:43:15] At this hearing, they separated it and had two votes.
[4:43:20] One and one variance and one and two variance is both of those failed.
[4:43:25] The first one, three to two, and as we know in order to pass it must be a majority plus one,
[4:43:31] that did not happen, and therefore it failed.
[4:43:33] The second variance is failed zero to five.
[4:43:38] After that re-haring, we now have this appeal process throughout what the board has done in those
[4:43:45] three hearings is comply with the requirements of law.
[4:43:49] We cannot say that there was any departure form,
[4:43:52] the central requirements of law,
[4:43:53] because they followed everything.
[4:43:54] They listened to all the evidence,
[4:43:56] and they went forward.
[4:43:59] What does it standard that the Board of Adjustment
[4:44:03] must follow in determining the basis for a variance?
[4:44:08] So which I guess ties into my second prong
[4:44:11] is that they're looking at what was presented.
[4:44:17] So their burden is on the applicant to prove entitlement
[4:44:22] to a variance by a preponderance of the evidence.
[4:44:25] Well, that's the evidence.
[4:44:26] But what is the requirement?
[4:44:29] What do they have to show for them to be entitled to a variance?
[4:44:34] To be entitled for a variance, we have that in section.
[4:44:40] this section 47-24.12 section 4, which lists the criteria for a variance and it says a variance
[4:44:50] from the terms of the UDLR shall be granted only upon demonstrating a unique hardship attributable
[4:44:57] to the land by proving by proponents of the evidence.
[4:45:00] 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.
[4:45:14] Nor is it a result of mere disregard for ignorance of the provisions of the UDLR or antecedent zoning regulations.
[4:45:22] What we have here is that that shed was put in albeit by the predecessors that is covered by this section.
[4:45:28] So, isn't there something in our statutes and our ordinances that grandfather in certain things?
[4:45:37] Isn't there a period of time that if it was done after a certain period of time that it sort of grandfathered in?
[4:45:46] Wasn't there like a limitation of years?
[4:45:49] I always thought that we had that in our ordinances.
[4:45:52] because I had, I had a client once that something was done like 10 years before he bought
[4:45:59] the house and I thought that we changed the ordinance to say that you had, it was only like
[4:46:05] a year or two that the city could look back and anything beyond that the city could not
[4:46:12] look back. Anthony, do you know what I'm talking about?
[4:46:15] Good evening Mayor, commission, Anthony, for Heart of Development Services Director. There
[4:46:19] There's nothing in our ordinance that effectively grandfathers in something that was done either
[4:46:25] in error or unintentionally.
[4:46:27] There may be some legal precedent that has to do with court cases that might talk to that,
[4:46:32] but that's outside of what our ordinance would stipulate.
[4:46:34] We don't have anything in there for grandfathers.
[4:46:35] So if the house was built in 1947 and it encroached on the setback, we would require
[4:46:43] them to tear down the house.
[4:46:46] It could get to that. We don't really want to do that.
[4:46:51] No, we don't. We should change our laws.
[4:46:55] Well, and typically speaking, especially so in the issues of permit.
[4:47:00] And in these situations where you don't have the full story in the full picture of what happened in the past,
[4:47:05] it's hard to determine whether or not it wasn't actual error or not.
[4:47:08] So we could really look at that and how we handle those situations.
[4:47:11] But as far as the grandfather in question, there is nothing in our witness at us.
[4:47:16] Any day?
[4:47:17] And the A just so my understanding, a permit was issued for the shed.
[4:47:22] Yes.
[4:47:24] After the shed was built?
[4:47:25] No, I believe the permit was issued prior to the shed being considered.
[4:47:28] They go ten by ten on the permit after.
[4:47:31] So, previous owners went to the city, we wanted to build the shed.
[4:47:36] City gave a permit.
[4:47:39] The shed was built.
[4:47:40] The permit was then closed,
[4:47:45] 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?
[4:47:55] 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.
[4:48:04] And we had a document, aren't we a stop then from trying to enforce the law at that point?
[4:48:12] So, in this case, what we have is someone applied for a 10 by 10 and built a 10 by 20.
[4:48:18] And then somehow the city was not recognized that it was a 10 by 20 instead of a 10 by 10
[4:48:24] when they were closing out the permit.
[4:48:26] I'm not sure what happened or how that happened on the cities and as I can't speak to
[4:48:31] that, I would have to look further into that to see whether or not this would be a stop.
[4:48:35] Is the extra 10 feet the cause of the encroachment?
[4:48:40] Yes.
[4:48:44] I don't know that I could say it definitely is, but it definitely, the shed is in the wrong location.
[4:48:50] So wherever the 10 feet is, it might not even matter because there's definitely,
[4:48:53] that's too close.
[4:48:54] That's I'm saying.
[4:48:55] If the first 10 feet aren't, is the cause of the encroachment,
[4:48:59] then the second 10 feet is just going to follow suit.
[4:49:02] I think that's a logical turn of thought.
[4:49:04] 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.
[4:49:12] And I believe that was something that was addressed through the Board of Adjustment Action.
[4:49:18] But so this is an atypical location in the city. We don't really have those types of restrictions elsewhere.
[4:49:25] 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.
[4:49:48] And so it's a unfair expectation to have
[4:49:53] in close the permit to now say, well, you didn't realize this and we error it as a city.
[4:49:59] So...
[4:50:00] I think that is the unique hardship that was not adequately considered by the Board of
[4:50:04] Adjustment.
[4:50:08] We can't think.
[4:50:09] So, you're, I understand Commissioner Storenson's point of view and I understand the
[4:50:13] petition is point of view but what we're here for is this appeal and then there are
[4:50:17] two things that we're following under the law whether or not they departed from the essential
[4:50:22] requirements of the law and whether or not their decision was supported by competent, substantial
[4:50:27] evidence.
[4:50:28] 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
[4:50:35] It just didn't have the plus one majority. So the board put through a thoughtful process
[4:50:40] Going through what was said and what has been done in this area
[4:50:44] Comedance of central evidence doesn't mean overwhelming evidence. It doesn't mean
[4:50:47] Uncontested evidence. It means that a reasonable decision make a could rely upon the evidence that was presented before them
[4:50:54] And what we're here to date to look is whether or not enough evidence was put before them
[4:51:00] that a reasonable decision make a could have relied upon that.
[4:51:04] And that is what happened at the board of a justice in the three different meetings that they had.
[4:51:09] So I'll put up make a finer point on this.
[4:51:12] So I think it was a departure and I would like to introduce a resolution approving this structure
[4:51:19] and approving.
[4:51:20] Well, look into a question.
[4:51:21] 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.
[4:51:33] Mayor, we also need to extend the meeting.
[4:51:37] Motion next and midnight.
[4:51:40] Wait, it's only 11.30.
[4:51:41] We extended it to 12.
[4:51:43] I said 11.30.
[4:51:44] Oh, you said 11.30?
[4:51:46] Yeah.
[4:51:46] I'm sorry.
[4:51:48] I mean, you didn't really listen to what he said.
[4:51:52] I apologize.
[4:51:53] Yeah, sure.
[4:51:54] It happens a lot, action.
[4:51:58] There you make a second.
[4:51:59] I would love to set.
[4:52:00] Yes, but I can.
[4:52:01] Is it up, but I actually.
[4:52:03] I actually.
[4:52:05] I actually.
[4:52:05] I actually.
[4:52:06] I see more of beating.
[4:52:07] I, I don't know why.
[4:52:08] I just send the meeting.
[4:52:09] I just, oh, I'm sorry.
[4:52:10] That's second.
[4:52:11] Yes.
[4:52:11] Second.
[4:52:12] Please call the roll.
[4:52:14] Vice Mayor Hurks, Mr. Glassman,
[4:52:17] yeah, Mr. Beesley Pippman,
[4:52:18] Commissioner Sortson?
[4:52:19] Yeah, sir, Tantals.
[4:52:20] Yes, and we're sentenced to midday.
[4:52:22] Please go on, thank you.
[4:52:23] Now, I actually see it more
[4:52:24] of the confidence substantial evidence
[4:52:26] does not exist to support the decisions I,
[4:52:29] but I'm okay with A, but I think B fits
[4:52:32] to your better than A, but again.
[4:52:35] Yeah, I think I kind of agree with you.
[4:52:38] Maybe then you could,
[4:52:39] competent substantial.
[4:52:40] I think there's insufficient evidence
[4:52:42] to support the decision
[4:52:43] of the Board of Adjustment, especially since the evidence presented by the preponderance of
[4:52:48] the applicant is that they relied on the city's building permit, and they relied on, I think
[4:52:57] there's a certain expectation that a person has, that the city has given us approval, but
[4:53:05] you know, as a lawyer I've always been taught, never let the law get in the way of doing
[4:53:10] the right thing. And so one way or the other, we need to come up with a basis, either one
[4:53:16] is sufficient or both. You can, you can, you can do both. And then at the, you know,
[4:53:23] we're hearing, we can make our final decision. We don't need to have one or the other, right?
[4:53:28] This is one or the other. Okay. All right. I'm just, I thought we had two options.
[4:53:35] is it's a departure from the central requirements of the law or thus the Board of
[4:53:42] Adjustment aired, right, or competence of substantial evidence exists to support
[4:53:48] the Board of Adjustment. So they did the right thing. You're saying the Board of
[4:53:51] Adjustment did the right thing? Well, no, they actually voted three to two, but
[4:53:56] that wasn't enough of a majority. I can't say that they aired in letter A. I can't
[4:54:03] that they didn't follow their essential requirements of the law, because they actually did,
[4:54:08] but it just wasn't enough of a majority, correct me if I'm wrong. But that's why I lean
[4:54:14] towards B, but he's, I think, I think for a man is more correctly, because the law is
[4:54:20] that a building permit should be sufficient evidence to show the correctness of an action
[4:54:27] taken. So the Board of Adjustment, and members of the Board of Adjustment should have given
[4:54:32] proper weight to that, and they fail to comply, they fail to comply with the essential requirements.
[4:54:39] I find with that, I mean, eventually we're going to be setting a denobo hearing, right?
[4:54:43] So I'm fine, whatever you guys want to do with that.
[4:54:46] I see that point as well, but I just was leaning more towards being.
[4:54:49] Any other comments?
[4:54:52] Where's the thorns and what do you clarify with your resolution to set a donobo here?
[4:55:00] And you'll have to set a date as well within 60 days, but may I get you to clarify your basis? Please? Sure.
[4:55:09] Is it that there was insufficient competence, substantial evidence to support the decision?
[4:55:13] Yes. No, no.
[4:55:16] Hold on.
[4:55:17] That there was a departure from essential requirements of law or proceeding?
[4:55:21] My understanding in city attorney is that's the only option, if I disagree,
[4:55:32] on the
[4:55:32] cam it says, consider rather, along, you said that there was a departure from the
[4:55:38] essential requirements of law, and that was the basis for you wanting to know
[4:55:42] over here, yeah, along.
[4:55:47] It's on the cam, it says,
[4:55:52] 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,
[4:56:02] or whether a competent substantial evidence exists to support the Board of Adjustments denial.
[4:56:08] 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.
[4:56:23] Well, you can have either basis two, two, two, two,
[4:56:27] object to the, we're not supporting the camp.
[4:56:29] That may be the case, but not a corny in the camp.
[4:56:31] I think it's written in the inverse, so yeah, right.
[4:56:34] So you could find that competent substantial evidence
[4:56:37] does not exist, and the inverse of that is to say
[4:56:40] that it did exist.
[4:56:42] So depending on what your actual finding is,
[4:56:45] but honestly, if you believe that your findings are adequate
[4:56:49] that there was a departure from the essential requirements of law, then that may be your basis.
[4:56:55] Okay, so you're saying the can should read or whether a competent substantial evidence exists,
[4:57:00] or does not exist, to support the Board of Adjustments?
[4:57:03] I think it's somewhat semantic.
[4:57:05] Okay, okay, what do you think, City Attorney, what should we, what based on my feedback,
[4:57:10] which one should it be?
[4:57:11] Well, I think you're, I'm thinking you found that there wasn't a substantial competent evidence,
[4:57:18] but I think you need to flesh that out a little more if that's what you're going to say.
[4:57:20] I don't think it's an evidence thing.
[4:57:22] I think it's requirements of law thing.
[4:57:24] If we're going to focus on the building permit.
[4:57:27] The requirements of law, I mean, the process that was,
[4:57:29] the process that was undertaken by the board.
[4:57:33] Correct.
[4:57:34] Because they did not respect the fact
[4:57:36] that there was a building permit.
[4:57:37] So they did not recognize the process
[4:57:42] that the land owner went through
[4:57:44] and therefore denied the application.
[4:57:48] I hear the perhaps word council could respond to that.
[4:57:51] I was going to support the departure from essential requirements of law.
[4:57:55] I don't think it falls under that category because that is if the board did something
[4:58:00] wrong.
[4:58:01] The board did not issue the permit, the board considered the permit as part of the evidence
[4:58:06] that was presented to them.
[4:58:08] So they did not depart from the essential requirements of law.
[4:58:11] They were required to provide a hearing, they provided a hearing, they were required
[4:58:15] to give a re-haring to give a re-haring.
[4:58:17] There were required to go to that.
[4:58:19] Those are things that come under that category.
[4:58:22] Right.
[4:58:22] There required to go then.
[4:58:23] We have to be the other thing.
[4:58:24] There you go.
[4:58:26] Great.
[4:58:27] So, we have you here.
[4:58:29] Requested in over here.
[4:58:30] Nine lawyers, just three of us, just saying.
[4:58:34] They, based on, okay.
[4:58:36] It's all right.
[4:58:37] Follow laws.
[4:58:38] What do you like?
[4:58:39] Well, you have more of a re-haring.
[4:58:40] Not following things.
[4:58:41] Not following things.
[4:58:41] Yeah, exactly.
[4:58:43] Whatever laws you want to follow or not follow.
[4:58:45] Yeah, I've chosen. Okay, so substantial evidence exists to not exist.
[4:58:53] This is not exist. Is the inverse of the substantial evidence to not exist?
[4:58:57] We need to support it.
[4:58:58] You can't say it before.
[4:58:59] That's the way the evidence exists to not support it.
[4:59:02] Well, right. You could, I mean, we can go back and forth.
[4:59:05] That's not how the ordinance is written.
[4:59:07] The ordinance was written that the confidence is potential evidence does not exist to support
[4:59:11] the decision and that's that's the basis for you're wanting a do you know
[4:59:14] over here and okay great that's the I had some that okay that's a motion is that
[4:59:19] by motion yeah and you would also need to set a date six no later than sixty
[4:59:24] date days from now see manager what would be what would be what I don't
[4:59:32] know how your calendars is planned the first meeting in February the second
[4:59:36] meeting in February I think we're probably safer with the second meeting
[4:59:43] That's the 17th, I believe, or something?
[4:59:48] Okay, do I hear a second?
[4:59:50] Second.
[4:59:53] It's a resolution.
[4:59:54] You're introducing the resolution.
[4:59:56] No one else has signed up to speak.
[4:59:59] I need to...
[5:00:00] 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?
[5:00:12] 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.
[5:00:19] Mayor Trentals. Yes, and public hearing is now closed on our four. The resolutions introduced
[5:00:26] to set a denobled hearing, February 17th, to review the Board of Adjustments final order.
[5:00:36] Based on the lack of competent, substantial evidence on the Board of Adjustments decision.
[5:00:43] Please call the roll. Thank you, Commissioner Sons.
[5:00:45] setting a date mayor, please. I said the day.
[5:00:49] Sorry, sorry. Sorry. Sorry.
[5:00:51] Okay. All right.
[5:00:53] A resolution city commissioner city of Florida, Florida,
[5:00:56] regarding appeal, a final order of the Board of Adjustment,
[5:00:58] regarding case number PLN-BOA-240401.
[5:01:04] Denying the variance requests of applicants, Mario,
[5:01:07] and Yelena Tasher making certain findings and setting a
[5:01:09] denovo hearing to consider the appeal before the city
[5:01:15] providing for defective date by Mayor Herb's.
[5:01:20] Mr. Galasman.
[5:01:21] Yes.
[5:01:21] Mr. Beesley-Pimman.
[5:01:22] Mr. Sornson.
[5:01:23] Yes.
[5:01:23] Mayor Trentals.
[5:01:24] Yes.
[5:01:25] And so to noble hearing will now be heard on February 17th.
[5:01:37] M2 motion approving a service agreement with Ernesto Moranje related to the installation
[5:01:43] of a mural to be applied to the Holiday Park Activity Center, known as sign up to speak.
[5:01:51] anyone have any questions. They're being done. So I'd like to move the item.
[5:01:57] Some of us have been moved. Do I hear second?
[5:02:01] Move the second it. Please call the
[5:02:03] well. Vice Mayor Hurks. Commissioner Glassman. Yes. Mr. Beesley Pippman.
[5:02:07] Commissioner Sourenson. Yes. Mayor Trentals. Yes. On M2 is now approved. M3. Motion
[5:02:12] to approve the award of a ship 2024 2025 program income funds in the amount of
[5:02:19] $180,000, $343,000 to City House Del Ray Beach for the rehabilitation of a property located at
[5:02:25] 200-204 Northwest 17th Court.
[5:02:30] Partman's 1-4, a Fort-Lotadale Florida.
[5:02:34] No one is signed up to speak.
[5:02:35] Some of you like to move the item.
[5:02:39] Move.
[5:02:42] Move.
[5:02:42] Move.
[5:02:43] Move.
[5:02:47] Move.
[5:02:50] Do I hear a second?
[5:02:54] Second.
[5:02:55] Second.
[5:02:56] Seconded.
[5:02:56] Please call the roll.
[5:02:57] Vice Mayor Herbst.
[5:02:58] Commissioner Glossman.
[5:02:59] Yes.
[5:02:59] Mr. Beesley-Titman.
[5:03:00] Yes.
[5:03:01] Yes.
[5:03:02] Mayor Jimentals.
[5:03:03] Yes.
[5:03:03] And M3 is now approved.
[5:03:05] M4.
[5:03:06] Motion approved.
[5:03:07] The 12th amendment to the lease agreement between City of Fort Lauderdale and Ivy Tower 101 property LLC
[5:03:13] is substantially the form attached.
[5:03:15] Total rent.
[5:03:16] 741,866 dollars.
[5:03:19] So no one signed up to speak, with someone like to introduce, I kind of like to move the item.
[5:03:25] Move.
[5:03:26] Do I hear second?
[5:03:28] Move in a second.
[5:03:28] Please call the roll.
[5:03:29] Vice Mayor Herbst.
[5:03:31] Commissioner Glassman.
[5:03:32] Yes.
[5:03:32] Mr. Beesley Pippman.
[5:03:33] Yes.
[5:03:33] Mr. Sortson.
[5:03:34] Yes.
[5:03:34] Mayor Trentoff.
[5:03:35] Yes. And M4 is now approved. M5.
[5:03:38] Motion of proving the city of Fort Lovia Financial integrity principles.
[5:03:43] Okay.
[5:03:44] No one signed up to speak.
[5:03:45] Someone like to move the item.
[5:03:47] Move.
[5:03:47] Do I hear second?
[5:03:49] seconded. Please call the roll. Vice Mayor
[5:03:51] hearth. Commissioner Glassman. Yes. Mr.
[5:03:53] Beacley Perman. Yes. Mr. Swordsman. Yes.
[5:03:56] Mayor Trenton. Yes. And five is now approved.
[5:03:59] Our one appointment of boarding committee members.
[5:04:02] Please read the names into the record. Thank you for the
[5:04:06] February 3rd, 2026 resolution community service
[5:04:09] board. Marco Ferreira nominated by Commissioner
[5:04:11] Swordsman for the person employed by public housing
[5:04:13] authority. For the new sense of bateman board.
[5:04:16] Laurence Teebo nominated by Mayor
[5:04:19] Trent House, so a full position in Cornell Nichols nominated by Mayor Trent House for an alternate position and for tonight's resolution
[5:04:29] Aviation Advisory Board, Barry Zimmerman nominated by Mayor Trent House, David Ash dominated by
[5:04:34] Commissioner Glassman, Cemetery System Board of Trustees, Franklin Adderley nominated by Commissioner Beesley, Pittman, Dennis Homer nominated by Commissioner Beesley, Pittman
[5:04:42] Citizens Committee of Recognition, Patricia Ziler nominated by Commissioner Swordson, Community
[5:04:47] Appearance Board, Diana Zias Baza, nominated by Commissioner Swordson, Education and
[5:04:52] Advisory Board, Jennifer Kimmy, nominated by Mayor Trentales, Christina Devere, nominated
[5:04:58] by Commissioner Claasman, Kerry Siborke.
[5:05:00] Board nominated by Commissioner Glassman, Julia Gray Williams, nominated by Commissioner Beesley Pippman, Marine Advisory Board,
[5:05:06] Jeffrey Coburn, nominated by Commissioner Glassman, lower on the wear nominated by Commissioner Beesley Pippman,
[5:05:11] Northwest Progressive Flagler, High Three Development Board, Ronald Van Beech, nominated by Commissioner
[5:05:31] planning and zoning board, Monty, Low, Wani, nominated by Mayor Tantels, Risk Management Committee,
[5:05:37] Vice Mayor John C. Herbs, Consensus Appointment, and Sustainability Advisory Board, Spencer,
[5:05:42] Lows Day, nominated by Commissioner Glaspain, and that rounds it out.
[5:05:46] Okay, any other modifications or additions to those names? They're being done. Some
[5:05:51] would like to introduce the resolution. There it is, introduce these call the roll.
[5:05:55] Hey, Resolution City Commission City for a lot of flow to pointing or nominating if applicable
[5:05:59] Well, board and committee members, that's that fourth in the exhibit attached here too,
[5:06:02] made a part here at Vice Mayor Herbs, Mr. Glassman. Yes. Mr. Beesley Goodman. Yes, Mr.
[5:06:07] So, board members and committee members, and I want to thank them for their commitment
[5:06:15] to our community. Our two resolution of proving a third amendment to the interlocal agreement
[5:06:21] for the Northeast Fourth Avenue Complete Street Project between Barrett County, City of
[5:06:25] or lower down on the Fort Lowell community redevelopment agency.
[5:06:30] Some I'd like to introduce the resolution.
[5:06:33] It's been introduced. No one to sign up to speak.
[5:06:36] Any questions?
[5:06:37] Okay, please call the roll.
[5:06:39] Hey, Resolution City Commissioner.
[5:06:40] The City of Fort Lowell for approving a third amendment to the interlocal agreement
[5:06:43] of Montgomery Brewer County, the City of Fort Lowell on the City of Fort Lowell
[5:06:46] community redevelopment agency.
[5:06:48] For extension of the term of the interlocal agreement
[5:06:50] and providing an effective date.
[5:06:52] Vice Mayor Herb.
[5:06:53] Commissioner Glossman, only seven years. It took. Yes.
[5:06:57] Commissioner Beesley, Patman. Yes.
[5:06:58] Commissioner Sortson. Yes, sir.
[5:07:00] Torontoals. Yes.
[5:07:04] Okay. Moving on to our three. This is a quasi-judicial
[5:07:07] resolution, alternate design request for a site plan, level two development in the
[5:07:12] allocation of 607 multifamily units, Arosa, developers.
[5:07:18] LLC-315 North East Third Street.
[5:07:22] anyone wishing to speak must be sworn in and the commission will announce any
[5:07:26] site visits communications or expert opinions received and make them a part of
[5:07:30] the record. I swear do you have any disclosures?
[5:07:35] Yes mayor, I'm out with the
[5:07:36] development team yesterday.
[5:07:40] Okay. Commissioner Beesley-Pitman. It's late. I spoke to
[5:07:43] someone about this so that you're not going to meet us after the meeting.
[5:07:52] I'm sorry to tell you they're only open to three on two so three oh we bet I'm sorry you
[5:08:07] Come on, the least she's taking a drink. I
[5:08:12] Did have a consultation with Mr. Thaker Commissioner Glassman. Yes, uh met with Mr. Thaker and Alec Lickman. Thank you
[5:08:22] and Commissioner of Swordsson.
[5:08:24] Yeah, it's Ms. T. Faker.
[5:08:28] Only one person, Senator, to speak.
[5:08:29] Just for questions, do I hear a motion to close public hearing?
[5:08:35] So, second, be moved.
[5:08:36] And second, did, please call the roll.
[5:08:40] Vice Mayor Herbs, Commissioner Glassman?
[5:08:42] Yes.
[5:08:43] Commissioner Beesley, Pippman?
[5:08:44] Yes.
[5:08:44] Mr. Swordsson?
[5:08:45] Yes, Mayor Trentals.
[5:08:48] Thank you.
[5:08:51] Thank you.
[5:08:52] out close on R3, I would say I would like to introduce the resolution.
[5:08:57] Introduce, there's a solution that's been introduced, please call the roll.
[5:09:02] Before that, so when I was talking with the developer yesterday at Asum, if they could get me
[5:09:08] something from the building adjacent showing that they were comfortable with the deviation, were you
[5:09:14] able to do that?
[5:09:20] Can we understand why?
[5:09:25] Stephanie 2, they got on behalf of the developer Alex Lickman
[5:09:27] here with me, our whole team is here, Chris Smith as well, my co-council.
[5:09:32] We've met with the neighbors and with the building adjacent to us, they are, when they
[5:09:41] bought their condos and no-loves, they signed documents that notified them that they're
[5:09:48] parking would ultimately be in the phase two of what was supposed to be no-loves, phase two is
[5:09:53] this project is no longer called no-the-loss. So there are notists there aware we had a meeting with them actually in my
[5:10:00] 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.
[5:10:17] That's not the issue. It's the deviation.
[5:10:19] The what?
[5:10:20] 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.
[5:10:30] 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
[5:10:39] 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
[5:10:48] So it's it's to air it's not to their building
[5:10:52] So the extra floors on the parking platform don't face
[5:10:55] It's understood, but typically, when you're asking for a deviation and there's a condo
[5:11:00] right next door, it's common to get a letter from the adjacent property owner saying that
[5:11:06] they don't object to it.
[5:11:07] It's not next door, though, it's above them.
[5:11:10] The building is next door.
[5:11:12] That's correct.
[5:11:13] But the deviation that's being requested is higher than the roof of their building.
[5:11:23] So the parking garage is tall.
[5:11:25] Is it tall?
[5:11:25] Is there a building?
[5:11:25] 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.
[5:11:48] And the deviation is far above where Nola lost ends.
[5:11:52] All
[5:12:03] right. Thank you. Any further questions or comments? They're being done. The resolution has been introduced correctly.
[5:12:16] Yes, Anthony. Mayor Commission, Anthony Faharto. There's a condition number three in the back up.
[5:12:23] 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.
[5:12:30] 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
[5:12:37] offer that that be part of the
[5:12:41] Part of the approval. Okay
[5:12:44] So who introduced the resolution? I did so as amended as amended to remove
[5:12:50] condition number three
[5:12:52] and for approval. And for approval. Thank
[5:12:58] a resolution city commission city for a lot of
[5:13:01] Florida proving the issuance of a site plan level two development permit for an alternative
[5:13:04] alternative design that meets the overall intent of the downtown
[5:13:07] master plan for the development of a 55 story mixed to use building
[5:13:10] consisting of six out of seven residential units 3,726 square feet of
[5:13:15] commercial space located at 401 northeastern for a lot of Florida in the
[5:13:19] regional activity center city center zoning district having an underlying
[5:13:24] land use designation of downtown regional activities center providing
[5:13:27] percent of our building providing for conflicts.
[5:13:29] Vice Mayor Herbst?
[5:13:30] No.
[5:13:31] Commissioner Glassman?
[5:13:32] Yes.
[5:13:33] Commissioner Beasley Pippman?
[5:13:34] Commissioner Sornson?
[5:13:35] Yes.
[5:13:36] Mayor Trentals?
[5:13:37] Yes.
[5:13:37] And R3 is now approved.
[5:13:39] R4.
[5:13:40] Judicial Appeal.
[5:13:41] Queensland Judicial Appeal.
[5:13:42] Of a final order of the Board of Adjustment.
[5:13:47] We just did that.
[5:13:50] Sorry.
[5:13:54] PH1, public hearing, second reading of an ordinance in many chapter 26 by creating a new article
[5:13:59] 10 entitled, School Zone, Speed and Enforcement Act,
[5:14:05] where is that, Screams?
[5:14:11] Thank you.
[5:14:14] This is a public hearing acquired by Section 316.008, Florida Statutes, to enact an ordinance
[5:14:20] authorizing the placement of speed detection systems and school zones.
[5:14:24] This is now the time for anyone in the public to speak about the approval of this item.
[5:14:31] No one has signed up to speak.
[5:14:34] Do I hear emotional close public hearing?
[5:14:37] Second.
[5:14:37] The second did?
[5:14:38] Please call the roll.
[5:14:40] May I inject mayor for a moment?
[5:14:43] At this hearing, for this second reading, you required to make findings.
[5:14:47] For example, staff made presentations about the data that you used to support this decision.
[5:14:52] and so then one would make those findings on the record before they passed their
[5:14:58] work names.
[5:15:00] We're just moving to close public hearing, and so after that, then we'll have one.
[5:15:05] I need a cup of coffee. Sorry. Let's go ahead. Go ahead. Go ahead.
[5:15:10] Vice-parallel. We're all tired, trust me. Yes, go ahead.
[5:15:14] Commissioner Glassman? Yes.
[5:15:15] Commissioner Beesley-Puttman? Yes. Commissioner Sornson? Yes.
[5:15:18] Sir, sir, Toronto.
[5:15:19] Yes.
[5:15:21] If, uh...
[5:15:23] Okay, would someone please make a motion to approve the ordinance and make a finding that based on the traffic data
[5:15:29] 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
[5:15:39] at each location that warrants additional enforcement procedures.
[5:15:44] So whoever moves this item, it will be assumed that the that is based on traffic data and evidence presented.
[5:15:51] Make a motion to move based on exhibit to traffic data number of violators percent of violations vehicle count
[5:16:00] All of that all of that information warrants moving forward with speed detection cameras. Great. Do I hear second
[5:16:09] 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
[5:16:17] Okay,
[5:16:20] it's a second it. Please call the rule
[5:16:26] Is it a motion first and then memory and then we're going to introduce the ordinance?
[5:16:30] It says something there.
[5:16:32] Then we'll someone like to make a motion to approve the ordinance and make a finding.
[5:16:46] I'll read the ordinance.
[5:16:48] Okay.
[5:16:49] And noron to the city of Fort Lauderdiford and Manic chapter 26 of the Coto Vards.
[5:16:52] This is the city of Fort Lauderdiford and Providing for purpose.
[5:16:54] This establishing is schools and speed enforcement program are authorizing the use of speed detection systems within the city.
[5:17:00] Providing for program implementation requirements for providing for designation of schools.
[5:17:03] providing for enforcement procedures, providing for annual reporting and requirements, providing for
[5:17:08] corrects as criminals, there is providing for severability, providing for repeal of could
[5:17:11] conflicting ordinance provisions and effective date. Vice Mayor Hurst? Yes. Commissioner Glossman?
[5:17:16] Yes. Commissioner Beesley-Pitman? Commissioner Sornson? Yes. Mayor Trentals? Yes. I'm going to need to
[5:17:22] extend the meeting another 15 minutes. Celebrities move move through sen.
[5:17:26] move to extend to 12 15 AM.
[5:17:32] Here's second.
[5:17:33] Move to second.
[5:17:34] Please call the Royce.
[5:17:35] May I ask Mr. Glassman?
[5:17:37] Yes.
[5:17:38] Mr. Beesley Pippen.
[5:17:39] Mr. Swanson?
[5:17:40] Yes.
[5:17:41] Okay.
[5:17:41] Thank you.
[5:17:43] First, OFR-1.
[5:17:45] This is a first reading of an ordinance.
[5:17:47] Business tax receipts.
[5:17:49] It meant a 5% increase on local business taxes.
[5:17:52] Restore omitted business tax categories.
[5:17:56] know what is side up to speak. Some of I introduce the ordinance.
[5:18:02] Introduced.
[5:18:04] Please call the roll.
[5:18:06] In North, so the city of Florida, Florida,
[5:18:07] Manning Section 15 to ask 57.
[5:18:09] The code of ordinances is the city of Florida by implementing a 5%
[5:18:12] fee increase on local business taxes, restoring omitted business
[5:18:16] tax categories and providing for severability, repeal,
[5:18:19] conflicting ordinance provisions, correction and
[5:18:20] for officers and an effective date.
[5:18:22] Vice Mayor Herbs.
[5:18:24] Yes, Commissioner Glassman.
[5:18:25] Yes, Mr. Beesley Pintman.
[5:18:26] Yes, Mr. Sornson.
[5:18:27] Yes, Mr. Chairman Tals.
[5:18:29] Yes, and on for our one is now approved on first reading.
[5:18:33] Oh, if our two first reading of an ordinance
[5:18:35] and many of the city of Fort Lauderdale, we go down.
[5:18:39] Oh, I'm sorry.
[5:18:41] I'm sorry.
[5:18:42] Oh, if our three first reading and orders
[5:18:44] and many section eight dash 55.5 of the code and the order
[5:18:48] of the code of ordinances titled high impact events on beach property by renaming section
[5:18:55] 8-55.5 to high impact zones during high impact periods and to authorize the city manager
[5:19:02] to designate such zones within the city and pose additional immediate temporary measures
[5:19:07] during high impact periods. One person's sign of speak built brown, but I think he's already
[5:19:12] hit the sack. So no one else is sign up to speak. So I'd like to introduce the ordinance.
[5:19:20] Introduce the ordinance has been introduced on first reading. Please call the roll.
[5:19:25] In the ordinance of the City of Fort Lard of Florida,
[5:19:26] many chapter eight article for either code of ordinance of the City of Fort Lard of
[5:19:29] title public beaches by a manning eight dash 55 point five title high impact events on beach property
[5:19:35] by renaming section eight dash 55 point five to high impact zones during high impact period
[5:19:40] authorize the city manager and designate high impact zones within the city and impose
[5:19:44] additional temporary immediate measures during high impact periods including a
[5:19:48] curfew that restricts juvenile access to designated areas. Suspension of sidewalk
[5:19:52] cafe permits and removal of cafe equipment with notice to the permanency in
[5:19:57] modification of operating hours for city part.
[5:20:00] 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.
[5:20:10] Yes, Commissioner Glassman. Yes.
[5:20:11] Mr. Beesley-Pitman, Commissioner Sornson. Yes, Mayor Trentals.
[5:20:14] Yes, and OFR-3 is now proven on first reading.
[5:20:17] Thank you.
[5:20:18] Always are one second reading and ordinance of the City of Fort Lauderdale Unified Land
[5:20:23] Development Regulations regarding development permits and procedures. We have two people sign up to speak.
[5:20:31] Tracy Paul and Jaris Goss,
[5:20:40] your patient lady. Yeah, no problem. You guys as well.
[5:20:45] All right. Well, good evening. Mayor Vice Mayor Commissioner. I'm here to speak specifically about OSR
[5:20:52] and the amendments to the Unified Land Development Regulations.
[5:20:56] I'm going to start by acknowledging what this ordinance represents.
[5:21:00] It's a decision to reorganize power in the development review process
[5:21:04] to move it earlier, faster, and more administratively.
[5:21:10] That might be efficient, but efficiency is not the same as neutrality.
[5:21:16] The ULDR is where the city decides not just how fast development moves,
[5:21:21] but what values are protected when it does.
[5:21:26] When timelines are compressed and discretionary review windows are narrowed,
[5:21:30] the practical effect is that fewer decisions happen in the public view
[5:21:34] and more treated as technical conclusions rather than policy choices.
[5:21:41] That distinction matters in places like Central Beach.
[5:21:44] Central Beach is not an abstract planning area.
[5:21:47] It's a lived place, a public shoreline, with established parks, and recreation that residents use every day.
[5:21:55] These uses are not incidental, and they are not interchangeable.
[5:22:01] Under accelerated review frameworks, public amenities, are increasingly frames, as components that can be adjusted, relocated, or mitigated.
[5:22:10] And once those judgments are embedded at the administrative level, this commission is often asked to accept them
[5:22:17] as settled facts, rather than choices.
[5:22:23] If development review is going to move faster,
[5:22:26] then protection for public parks and recreation
[5:22:29] must become more intentional, more visible,
[5:22:33] and more durable.
[5:22:34] Not something left to survive the process by default, you guys.
[5:22:39] Alignment with state stats, you should not mean the quiet erosion
[5:22:43] of local stewardship.
[5:22:46] Florida law sets timelines is does not require the city
[5:22:49] to treat longstanding public spaces as flexible variables within a development equation.
[5:22:55] Tonight's votes is more than a doctor procedure.
[5:22:57] It establishes how much time, visibility, and judgment the public will have when decisions
[5:23:03] affect irreplaceable places.
[5:23:06] Process shapes, outcomes, and once discussion is compressed, it is very difficult to restore.
[5:23:12] Thank you.
[5:23:12] All right, thank you.
[5:23:15] Ajaris from Laxahatchi, Florida,
[5:23:18] who you came along way.
[5:23:24] Thank you for having me.
[5:23:26] I don't see.
[5:23:28] Okay.
[5:23:29] I oppose that ordinance.
[5:23:32] Florida statute 166033 doesn't exist to slow projects.
[5:23:37] It exists for to discipline the process.
[5:23:40] It's meaning to me is about progress integrity.
[5:23:43] As I understand, O-S-R-1 is how that pressure gets translated into local ordinance language.
[5:23:54] What this ordinance does not do is require a deeper environmental study or a communal tip impact study.
[5:24:05] It only requires speed.
[5:24:08] Why Speed is bad specifically for the environment?
[5:24:12] I can use mature trees, for an example.
[5:24:15] I like that one.
[5:24:17] They perform stored water and interception.
[5:24:22] Yet, our policies don't always protect that
[5:24:25] what they account for their function, for their function.
[5:24:29] But more effectively now, and very fair example,
[5:24:32] is the Florida Everglades.
[5:24:33] if we're talking money, strong federal investment has now paid for restoration that shows up after, you know, we make mistakes.
[5:24:49] 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.
[5:25:00] Local level.
[5:25:04] It sometimes feels like we're mopping floor while the faucet is still running pumps matter.
[5:25:09] But turning down the faucet is land use policy. Concrete damage is permanent once soil is paved. It loses its ability to absorb water.
[5:25:18] It becomes biologically dead. Healthy soil is very much alive.
[5:25:23] billions of micro organisms per teaspoon. Unpaid soil absorbs rain, filters, pollutants,
[5:25:31] recharges groundwater. This is why cities flood even in extreme, when they're not extreme
[5:25:37] weather. I'm going to skip down to this. I oppose this because environmental impacts don't operate
[5:25:44] on fixed deadlines or speeding up approvals without adding safeguards to increase to help the risk
[5:25:52] to not harm the soil. Sorry, I'm lost here. Earlier, the commission said you make decisions with data.
[5:26:00] I appreciate that standard. My concern with the ordinance is that the environment of data is not even
[5:26:08] here yet. The timelines are too short.
[5:26:12] Efficiency matters, but accuracy matters more when impacts are permanent.
[5:26:18] as all yeah that's it thank you city manager I have a question on this because
[5:26:24] correct me if I'm wrong this is being done so we are able to actually conform
[5:26:28] with state statutes correct because we got into trouble we lost a few cases
[5:26:33] because we didn't go as quickly as the state said we had to from the time an
[5:26:39] applicant made application through the process and by the time it reached us and by
[5:26:44] fault projects were approved that we didn't even have a chance to say anything about so this
[5:26:49] is actually just to conform with state statutes and opposition to what was just testify current.
[5:26:55] That's correct. This is a cleanup item that took a lot of comprehensive work to put together.
[5:27:00] That's what I thought. Thank you. Mayor Anthony Ford, I'd also add the none of the regulatory standards
[5:27:07] related to the items that the young lady was talking about have changed. So in other words, our
[5:27:11] an adequacy requirements are of neighborhood compatibility requirements, which are things that
[5:27:15] are being talked about in Tallahassee, so we may see some changes from that as well.
[5:27:19] Those are not changing.
[5:27:20] Just the timelines so that we're in compliance with 1.666.
[5:27:25] Well, I just wanted to make that clear because as I said, we ran a foul of the law and
[5:27:33] we lost our ability to weigh in on the projects, we're cleaning it up so that we meet the
[5:27:39] That should of right.
[5:27:40] A, right.
[5:27:41] Thank you.
[5:27:42] All right.
[5:27:42] Would you like to introduce the ordinance?
[5:27:45] Yes.
[5:27:45] It should do.
[5:27:46] Okay.
[5:27:48] Please call the roll.
[5:27:49] Save the mess for last.
[5:27:50] At Norton City of Florida, Florida,
[5:27:52] Mending the Unified Land Development Regulations Article 4 Development
[5:27:55] Permits and Procedures of Mending the Section 47-24.1,
[5:27:59] Generally Section 47-24.2,
[5:28:02] Site Plan Development Perfect Section 47-24.3,
[5:28:05] Conditional Use Permits Section 47-24.4,
[5:28:08] 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
[5:28:19] change in use section 47 dash 3.8 termination of non-conforming status section 47 dash 3.9
[5:28:25] Reaves of non-conforming structure section 47 dash 12.6 central beach development permitting an approval section 47 dash 13.20 downtown
[5:28:33] RAC review process section 47-13.60 permit approval and S.A. RC and N.W. RAC section 47-18.41 urban farms and
[5:28:45] community garden section 47-19.2 accessory building structures equipment general section 47-19.3 boat slips
[5:28:55] Docs, boat dev, it's hoist and similar, moring structures, section 47-3, dash 20.3, parking
[5:29:03] in the exemption section 47-22.3, general regulation signs and section 47-26, a point to
[5:29:10] city commission request for review to revise the city commission request for review period
[5:29:14] to align development review timeframes with Florida statute section 166.0333 to codify certain
[5:29:20] development review process, providing for correction of scrubbers, there are several
[5:29:24] ability, repeal of conflicting orange provisions, and then effect the date.
[5:29:28] Vice Mayor Herbst, Mr. Glassman, yes, Mr. Beesley-Bimman, Mr. Sornson, yes,
[5:29:34] Mayor Chantals.
[5:29:35] Yes, and that item is now approved.
[5:29:37] Mr. Mayor, for the business of the commission, they're being done.
[5:29:40] Oh, and now we're here on the top of the report.
[5:29:44] I'm sorry, I just, you may recall that we recessed conference, and I just, I know what
[5:29:49] I'm doing.
[5:29:50] I'm including tonight's meeting and I'm resuming the conference meeting.
[5:29:54] Got it?
[5:29:55] Thank you for reminding me though.
[5:29:58] The conference meeting is now resumed.
[5:30:00] We now, we're now at Commissioner Reports. We're keeping up past this bedtime.
[5:30:08] I'm like, wait a minute, what just happened? Okay. Let us, by Mayor, do you have any Commissioner Reports?
[5:30:15] Okay. I'm not scared, any thing tonight. Okay.
[5:30:21] But, hey, wait a day. I'm not daring. I'm not sharing that we have to tell.
[5:30:25] as Martin Luther King parade? Yes we did. And thank you to Parks and Regs and all of those
[5:30:32] who helped to put that into place. The best of all the parade. Everything was great. Good
[5:30:37] turn out. Yes. Yes. That's part of your report as well. Yeah. Commissioner Glass. I'm going to
[5:30:44] forego the report. I just will say it was a great week and next week's going to be a great week too.
[5:30:48] Yes. Okay. And commissioner sort of said. Thank you. Great. I'm okay. Day parade.
[5:30:58] Good book. Quick items. One. Rotary connection boss, which is y'all are probably familiar with
[5:31:06] that the rotary boss that takes. We saw you did something on that. Yeah, I just traveled along with
[5:31:12] them for several hours. Which was great. And so it just connects those experience homelessness,
[5:31:18] the services, the MV, taskers for homelessness and so forth.
[5:31:23] It's a great, great initiative, and so I'd like us to just like City Manager to explore
[5:31:28] some possible funding support, just considerations for us to kind of evaluate going forward
[5:31:35] if that's the only bus that is actually full.
[5:31:37] It was packed at the whole time I was on it, and folks so grateful to get connected to the
[5:31:43] services.
[5:31:44] So, is that all right, City Manager?
[5:31:47] Yes, we can look into that as part of our budget development process.
[5:31:51] Okay, great.
[5:31:52] Thank you.
[5:31:57] And that's, I'm good for, okay, right now.
[5:32:01] All right, first of all, shout out to City Manager,
[5:32:03] great outfit tonight.
[5:32:06] Thank you.
[5:32:08] Also, I know it's a little, I know it's after 12 o'clock,
[5:32:11] but yesterday was the City Attorney's birthday,
[5:32:15] 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
[5:32:32] Edward Wenger who is a police sergeant for twenty for thirty three years been with our force
[5:32:37] Congratulations, Ed. Richard Tolotty, who is a public safety aid with the police department,
[5:32:43] 30 years, Edward Stewart, police sergeant, 32 years, Lisa James, police supply supervisor,
[5:32:53] 25 years, anyone left in the police department, Bill? It's not listening. Garry Faltus,
[5:33:00] who's a police officer with us for 33 years. Congratulations, thank you for your service,
[5:33:05] and Jason Bohan, Battalion Chief, the Fire Department, 26 years.
[5:33:12] So congratulations and thank you for your service.
[5:33:15] I appreciate that.
[5:33:18] Quick question on the Community Center in the Police Department.
[5:33:22] Headquarters, why are we delayed once again?
[5:33:24] And not being able to have our commission meetings there.
[5:33:27] We were told it was going to happen in January.
[5:33:28] Now I'm told it's May.
[5:33:30] What's going on there?
[5:33:31] So we issued a letter to the commission this morning to clarify where we are.
[5:33:38] We did begin the demolition process, Anthony Faharto is going to share a little bit more on the status.
[5:33:44] 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.
[5:33:55] Yeah. Hello again, Mayor. So regarding the use of the community center, there are some factors
[5:34:01] that have to be considered to before we can occupy it. One was the demo of the building
[5:34:05] because it closed proximity to the community center. We couldn't use the exit for fire, right?
[5:34:09] Yeah. But even with the building gone, we still have site work. So there would be no guest
[5:34:14] parking for anyone coming to the community center until the site work is done. There's still
[5:34:18] drainage. There's some utilities that have to be dealt with at that type of thing. So we're projecting
[5:34:22] that the community center could possibly be occupied sometime in late May.
[5:34:27] So, all this drainage and all this stuff could not have been done prior to the demolition
[5:34:32] of the police.
[5:34:33] Correct.
[5:34:33] The building is on top of the area where the parking in the drainage and all that stuff.
[5:34:37] They can't use it.
[5:34:39] The parking garage is a secured garage with crash bars.
[5:34:42] It's not a general entry garage, so it's not that that's impossible what there is police
[5:34:48] gear that's stored there.
[5:34:49] There's the shooting range, there's other offices that are a lot of things to consider
[5:34:52] logistically and from a security standpoint when looking at these other things.
[5:34:57] We are looking at the properties, see what options we have.
[5:35:00] 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.
[5:35:13] Okay, so you're looking at June 1st?
[5:35:16] We're hoping, sorry.
[5:35:17] Okay, you know, the end of spring is June 22nd.
[5:35:20] Yes.
[5:35:21] The question is, do you want to be in before recess or late until after recess?
[5:35:26] I just want to save the city money and every day, every time we're here, cost us money and
[5:35:31] every time we're there, it shouldn't cost us any money.
[5:35:34] So, whatever we can do to save the city money, the sooner the better.
[5:35:39] Okay.
[5:35:40] I have nothing else.
[5:35:41] So, one other question this year.
[5:35:43] Recall, son of email about the tower 101 proposal for City Hall.
[5:35:48] Is that something we want to just look at in terms of costs and so forth?
[5:35:54] Now, I think we already approved what we're going to do for City Hall, so why would we be doing that?
[5:35:59] Well, why would we be doing that?
[5:36:01] Oh, is it?
[5:36:02] We already approved.
[5:36:03] Right.
[5:36:04] We're in negotiations.
[5:36:05] Right.
[5:36:06] But we already approved the concept and the developer.
[5:36:08] And this is just that memo was just to negate all that and just move into 101 tower.
[5:36:16] And we have no idea how big it is, how much it would cost to
[5:36:23] repurpose the building for city purposes.
[5:36:26] I mean, I don't know, I personally would not be in favor of that.
[5:36:31] So I think they're off of just a little too late.
[5:36:34] That offer just.
[5:36:36] They think they should have made that offer before we started our process.
[5:36:40] Yeah, I agree.
[5:36:42] is a sort of possibility to just to, um, yeah, I think we should entertain the offer.
[5:36:48] Well, I disagree, but, um, I mean, we've already started on a path for a city hall project.
[5:36:56] And that building, as it couldn't possibly, where do we have it's chambered me?
[5:37:02] Where do we have chambered? There's nothing there's no room big in that building.
[5:37:06] better to tear down walls and say, Mayor, for the floors that we do currently occupy, we
[5:37:15] have on occasion done some space modifications. So if it was the will of the commission for
[5:37:21] us to look at that or explore that opportunity, we would contemplate whether or not a commission
[5:37:29] chambers could be accommodated in that building. I'm totally against it. I'm against it totally
[5:37:35] as well. I just think that we put four four development teams through a process. They all spent
[5:37:42] a lot of money. They comply with our timelines. So how would we just say now? Well, thank
[5:37:47] you. But now we're going to go on a new direction. No, that's not where you're saying.
[5:37:50] No, no. So what happens with the process we're now. So we're undergoing negotiations. Right.
[5:37:55] So what happens is we're discussing with the developer costs our budget so forth. We're
[5:38:00] not committed anything, believe it or not.
[5:38:02] I understand.
[5:38:03] So we can stop that negotiation at any point.
[5:38:07] So during that time, we can also consider any other options we want.
[5:38:12] So there's nothing wrong with.
[5:38:13] Okay.
[5:38:14] I just, you can decide.
[5:38:15] I just think it's a bad idea.
[5:38:16] That's all I just know.
[5:38:17] I mean, we put people through a process.
[5:38:20] I don't know what they expense.
[5:38:21] That's going to be incurred in order to do a,
[5:38:25] to do a investigation as to the feasibility of that.
[5:38:29] We're part of it doesn't work out with our team that we're negotiating with now.
[5:38:34] We also voted to go to the next team, and then we have a process that we've started.
[5:38:39] We have four people that were ranked, and if things go sour with number one, we go to two.
[5:38:44] Well, we go to three, and we go to four.
[5:38:46] But just say you're aware of the process, doesn't preclude us from considering outside options.
[5:38:50] I don't know where.
[5:38:51] I understand that.
[5:38:52] I don't know.
[5:38:52] 100% I'm supposed to.
[5:38:54] Okay.
[5:38:54] I think it's a great idea.
[5:38:55] I think it's one we should absolutely consider.
[5:38:57] 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?
[5:39:08] 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.
[5:39:17] 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.
[5:39:23] That's honestly, it's worth just getting a little bit of analysis on what's the purchase price.
[5:39:29] 86 million. 86 million.
[5:39:32] Where are we saving hundreds of millions, John?
[5:39:36] The new building is going to be at least $200 million.
[5:39:38] So that's, okay. So 86, 200, 100, and that's minimum.
[5:39:43] That's minimum. So where's the hundreds of millions?
[5:39:46] 120 million, hundreds of millions. That's hundreds of millions.
[5:39:50] It's going to be at least that if not more.
[5:39:51] okay. For an old building with its own series of problems. I don't know I've been in that building for the
[5:39:58] part of the last 15 years.
[5:40:00] And I happen to think it's a great building, so I have no problem with the 101 deal with.
[5:40:06] Any further business? So I think it's worth just looking at what's the square footage, you know, what would estimated renovation?
[5:40:14] It's enough to do anything complex, but it's worth considering.
[5:40:18] Just so staff could do some preliminary analysis and evaluation and report back to the commission.
[5:40:24] And I know that ownership representatives have
[5:40:28] begun their outreach, and we can try to have that information back as soon as possible.
[5:40:37] Is there any further business, you have any further business before the commission?
[5:40:41] I do want to acknowledge staff for the tremendous effort for the MLK parade, several departments
[5:40:48] contributed to that effort.
[5:40:50] So of course, Parks and Rec, but our fire department, police department, transportation mobility,
[5:40:58] as well as strategic communications, I just want to acknowledge the commission for providing
[5:41:03] us with feedback.
[5:41:05] We listened, we observed, we implemented some changes to elevate the experience.
[5:41:10] And so thank you for trusting us to, you know, fine tune our process and how we do these kinds
[5:41:17] of events.
[5:41:18] I also want to acknowledge George Ruska, our Chief Service Officer.
[5:41:23] He was recognized by the YMCA over the weekend for all that he has done for our city
[5:41:29] in terms of volunteerism and engaging the community so shout out to George.
[5:41:34] Thank you.
[5:41:35] Very good.
[5:41:36] Congratulations, George.
[5:41:38] City Attorney, do you have any report?
[5:41:40] Thank you, Mayor.
[5:41:41] I have a request for a closed door session, please.
[5:41:44] to depend your direction on a matter of Jane Grassey Osso versus the city for next
[5:41:49] commission meeting February 3rd. We would I'll be in attendance, including all of you,
[5:41:54] myself, City Manager for Cal Williams and outside Council Scott Alexander. We request approximately
[5:42:00] 30 minutes. Okay, very good. Is there anything further? No. Meeting your jury.