City Commission - Regular Meeting

But we only need, how much do we need? Three of us? Okay. Yeah, go ahead.

Madam Vice Mayor, it is 9.02 and we are live.

All right. Wonderful. Good morning, everybody. Thank you for joining us at the pre-agenda meeting for July 2nd, 2026. Sarah, can you, you asked if we can hear you. I have not heard anything you've said yet. So if you are talking, no, we cannot hear you.

No, we can see you talking, but can't hear you. Sign language.

While she's correcting that, let me do the roll call. Mayor Betty Resch is absent. Vice Mayor Mimi May. Present. Commissioner Sarah Maliga, we can see her. She's working on her sound. Commissioner Christopher McVoy.

I can see me. I don't know if the sound's there.

We can hear you. And I think commissioner Anthony said, which is absent. All right. Yes, we can hear you now, sir.

Thank you.

All right. Well, good morning, everybody. Um, we have the 4th of July this weekend, so we have tomorrow is a holiday for staff, which is why we're doing this on Thursday. And, um, Tiana, do you have any update about any other holidays for staff or are we good there?

Good morning. I do not currently have an update as of right now.

Okay, thank you. Let's see here. So we have a relatively packed agenda for Tuesday. Looks like we have two second readings for the public hearings. Does anybody have any questions on those? No, ma'am. Chris, how are you doing with the public hearings?

Those are both for the Wingfield area, and I think I'm good on those. I think we all are pretty much happy with that progress there.

All right. Excellent. And we have. Then we have the Benny's lease. I. Not Benny's, I'm sorry. I see Bradley's and read Benny's. I didn't mean that. I meant the Beach Club lease. And Glenn, are you here or Elizabeth? Hold on one sec, Chris.

I'm here.

Okay, could you just update us on the current state of negotiations and where the things came from that are in the item? There are a couple of different choices. Can you clarify if those are choices that the city came up with or the tenant would like and just kind of let us know where we are on that.

I will do my best. So we have presented for you 3 different options at the commission's direction. We've been negotiating with the tenant. And these are the options that we have been discussing with them. They are, um. A little bit different as the staff report indicates. And trying to see if I can pull it up right now, so I can give you. Some overview, so the. The 1st option is just extend all of them are extending the lease just till next year. With a specific rent amount option 2 is extending the lease for 7 years. With the same rent amount, plus a percentage of annual increase and option 3 is extending the lease for 5 years with starting all starting at the same rent amount. But. With a different annual increase.

Okay. These are, I just want to be clear. Are these, have these terms been suggested by the tenant? I believe so. Okay. So they're not actually negotiations. They are, this is what the tenant has suggested would make them happy. And then we talk about it as a commission.

So we have, Glenn has been the primary on this. And if, I can get a little bit more information for you today, but he has been working with the attorney for the tenant and they have been talking about not just rent and increases, but also. Amending different terms of the lease so far as payment for utilities and other things. So there has been. Negotiation, it's not just this is what the tenant wants, but. These we wanted to make sure that you all had. had some options and it wasn't just a done deal.

Completely understood. Okay. I just wanted to, Shayla, for the record, Anthony is here? Yes.

Okay. I noted it.

Okay, good. Let's talk about this item. Sarah, I see your hand up. Chris, I see your fake hand up. Sarah, you can go and then Chris and then Anthony.

Okay. I did speak with Glenn briefly yesterday in regards to this. I have some questions in regards to a normal lease would have square footage and it's not on there. A normal lease would have the price per square foot. It's not on this agreement. um i don't see anything about trash pickup or recycling i only saw water sewer utilities um i know this is a agreement it's not a technical lease which also bothers me um i did speak with glenn and told him that i would like to have comparisons personally before i make this decision the one that we have currently is from 2025 which is outdated and to be fair to not just the tenant because i don't want to overcharge But to be fair to the success of the golf course, I want to make sure I'm doing right by the city of Lake Worth Beach residents. So I'm personally in favor of pulling this until we have three or at least two updated real numbers on appraisals and what the fair market value is. And I would be in favor of maybe doing a six month extension in the meantime. But I'm still very uncomfortable with just throwing a number out there and not knowing where the number came from. Um, you know, a 7,500 all in lease.

I don't believe it isn't 7,500 all in lease.

No, but I'm saying it's 7,500 plus cam and tax, but it's not my understanding.

My understanding was 7,500 plus cam plus electric plus that's that's what every leasing and anybody who leases pays their own utility.

So I'm not even looking at that.

Well, they haven't been for the last 20 years. So I think that's important to differentiate.

I understand that. And it's in the lease that they will. But it's not there's still not a square footage broke down what they're paying per square foot. There's not an overall square footage of the property and what they are having. I've also inquired in regards to when they got an extension in 2023, they were really behind in sales tax. And I've asked Yannick to give us an update on how many times they've been behind in five years in either rent or sales tax. Because my concern is if they're behind at rent or sales tax at that price they were paying, what does the future look like? And so that's a genuine concern for me. I haven't seen the email from Yannick or finance yet in regards to that. I don't know if anybody else remembers that conversation. But I also pulled the original minutes from this original agreement in 2013. And Commissioner McVoy is one of the ones who sat on the dais and voted yes for them not to pay utilities and voted yes for them not to pay CAM. And it's very disheartening to see how lackadaisical this agreement was put together 13 years ago for the residents of the City of Lakewood Beach, in my opinion. So that's where I stand on it. I've already had my questions answered through Tiana and Glenn. I'm just really waiting for the information from Yannick and the comparisons.

Okay, and hold on Yannick before you talk. Are you suggesting Commissioner Maliga that you wanted to pull this before the meeting on Tuesday or at the meeting on Tuesday?

I would like us all to make a decision. I think that we need more information before we vote on this. I don't know if that means we pull it now or we pull it on Tuesday. I just think that to make this decision blindly without fair market value is not fair to the tenant or to the city and the residents. it's also not fair to prolong this for this man because august is around the corner so you know i would like glenn said that he was going to have some conversations and possibly come back with a you know a solution for in the meantime um so i'm you know i'm waiting for legal and finance to advise us okay thank you um yannick go ahead and then we'll come back to chris and anthony sure uh yannick uh with finance uh yes we are working on your uh on your request uh commissioner malega so we should we're looking to have this done by the end of today

Also, and don't forget, Yannick, when you do send that information, please make sure you send it to the entire commission.

Absolutely. Will do.

Excellent. Thank you. Mr. McVoy.

Thank you. And I hear the concerns, which up till now seem to me they've been pretty much financial concerns, money related. and looking out for both the tenant being fair to them and to the city. All good. But I want to be very clear that my focus here is being, I don't know whether the word is fair, but being appropriate to the community. And we have, I think, all received plenty of indication in various forms that the way the beach club has been run. And I don't know what the term is. I didn't know it was 2013 and I have no recollection of what I voted for in 2013, one way or the other, but I appreciate somebody looked it up.

Um, Chris can Shayla, can you send those minutes to the rest of the commission?

Yeah, that's fine. Um, yes. My concern primarily is that this is very much recognized as a community gathering point of our community, not folks necessarily from outside of the community. I imagine some come all.

Did he freeze for you guys too?

Yes, he's frozen.

Okay. So let's let him come back at the end. Anthony, if you want to go ahead.

Thank you very much. So as Commissioner Malega pointed out, this isn't a lease that they currently have. It's a vendor services agreement.

Make it family. Chris, I'm sorry. I don't mean to interrupt. You actually just froze for about 30 seconds.

Oh, so it's not that cold here in my conditioning, but sorry about that. So what I was saying is that my loyalty here is to the community Because this seems to be very much used and has been for quite a while as a community gathering place. It serves as a informal meeting place for various neighborhood association meetings. It very much serves as a gathering place for families. It is affordable and It works as a gathering place for the community. That is my primary concern, that we don't have that many places that do that, particularly at a good location like this. And it sort of falls in my book in the if it ain't broke, don't fix it kind of category. It is working well for an important objective for our community. Does it make buckets of money for the city? Could it make somewhat more money? I think my understanding from the previous meetings is the operator is willing to go up some from the rent that they had. I hope that that won't ding into the affordability too much. But I really hope that we will consider not just, hey, does this make the most money? We've had, you know, at a meeting that I was not able to be at, we had both this and Benny's at the same meeting. Benny's is recognized as not very affordable for our community. It does not serve the same gathering function that the beach club does. And yet we gave them a lease, seven, or I didn't, but... The rest of us gave them at least seven years out on just because they asked for it. I think we should do much better on this one as far as recognizing the importance to the community. Thank you.

I do want to note that most, if not all, of the neighborhood associations that used to meet at the Beach Club have left because of the acoustics and the fact that the sound is so bad you can't hear. So just a point of information. That's all I'm saying.

and i totally agree the acoustics we we ought to figure out a way to keep the fire department happy and the acoustics happy okay i don't know how to do that but i think it can be done okay thank you um anthony go ahead uh thank you guys mayor um as commissioner malega pointed out um this is not a lease that they have it's a vendor services agreement

And because of that, the terms and conditions in that are wildly different than what you would see in a traditional lease because it's not a lease. There are major components of the vendor services agreement they are not in compliance with. For example, there are supposed to be, I believe, quarterly financial reports on it, which you would expect from a vendor. It's never been done. There are food cost clauses and so on to address Commissioner McVoy's concerns. So what we have here is we have a vendor and I think over the years, we've confused it with a lease and allowed it to kind of go sideways. In 2013, if I was looking at a vendor services agreement for putting a concession stand in my facility, I'm not so sure if that concession stand essentially would get charged for electric and taxes and all of that stuff. So in doing a deeper dive and review of the agreement, some of these things make sense as to where they came from. I really believe we as a commission, before we go any further, need to decide what are we doing with this property are we going to look at it as it is per the agreement today it's really an amenity it's a concession stand i mean it's a big one it's a restaurant and so on but it's being the agreement is as if it's a concession stand i guess that's the simplest way i can put it um are we going to continue to treat it as such and if so whatever vendor stays in there or gets put in there has to follow the agreement to the letter. And right now, they are not in compliance with that agreement at all and have not been for quite some time. And I think it's been going on for so long, it's almost you hit the point where you can't necessarily blame them. We as a city have to take some responsibility for that, for not actually keeping up with our agreements. But we really need to decide what are we doing with this? The other aspect of it is, you know, eventually I would hope the plan is that our golf course gets some sort of major overhaul and renovation sometime in the near future, because it needs it. When that happens, that facility will most likely have to close. Maybe that facility gets moved. Maybe, you know, maybe not, but In any agreement we have, we need to make sure that the city's interest in improving the golf course is protected. And looking at the current agreement, right now, everyone has a 90 day out. If we do decide to make this as a lease, You can't give the 10 and 90 day out. Otherwise, it's basically just a 90 day lease. It doesn't matter if it's five year, 10 year, two fives, and a seven, or what have you. Basically, all you have is a 90 day lease on either side. aspect of giving someone a five-year extension or a five-year block of time is they are committing to that full amount of rent for that five years if they leave on month one in that five years they still owe four years and 11 months worth of rent to the city so there's a guarantee of income for the city that's a benefit to the city in exchange for that we give them a more favorable rate. We lock it in at today's market rate and give them a modest increase over time through that five years. At the end of the five years, inevitably, they're going to be paying less than market rate because they've made that commitment. So we need to decide before we look at any of these options and so on, what are we doing? Are we looking to have a vendor in there? Which means the city maintains control over the facilities and they're just responsible for food service and a number of the other things outlined in there and the city is responsible for the facilities and so forth. And basically that's how the agreement reads today. Or are we looking to lease out that section of our building. In which case, to Commissioner Malega's point, we need square footages. We need to clearly define maintenance responsibilities. We need to define what they can do inside and out, as well as set the appropriate term, the appropriate lease amount. One thing to note, there is no more sales tax on commercial leases as of 2026. So I understand they were behind on some of that. Essentially, no worry of that moving forward, but it is on the rent and services charges. So I kind of agree with Sarah. I think we're premature in looking at this and discussing it, because looking at those three choices, it's not clear to me whoever on staff was, quote, negotiating actually understands what they're talking about. Right now, it's a vendor services contract, and we're treating it like a lease. Can't do that.

I think that the people from that organization are the ones who threw those offers out according to the law.

According to the law, those were not our terms.

Understood.

But I hear what you're saying regarding the vendor services agreement versus a lease. So where does that leave us?

One more thing. It's absolutely frightening to me that we just took terms from a vendor and stuck them on as our only options on a line item. I don't know how that actually happens.

And I think sometimes when we want to talk about specific actions by staff, it might be better to do it offline. However, I do agree with you. That was something I brought up in my one-on-one. I said, where did these come from? And they said, these were the suggestions from the vendor. And I said, okay, then you need to say that in the staff report. These came from the vendor. This is what they want. So it's not necessarily a... Because there were no negotiations if the tenant is just saying, we would take one of these three things. So you're right, that's not a negotiation. So I agree with you 100%, Anthony. And it's not even a recognition that- And I asked specifically for them to rewrite the staff report indicating that.

Right. But it's not even a lease. So the whole item to me is flawed. And I really believe that we as a governing body need to decide what are we doing with this? Right.

And they're not calling it a lease in the agenda. They're calling it a food and beverage services agreement. Yeah. You are correct that it is not a lease, but you are also correct that they're using the word tenant, which indicates a lease versus a vendor, which would be an agreement. I see Interim Assistant City Manager McKay. has her hand up go ahead tia good morning and thank you vice mayor uh just following up on commissioner segrich's comments i did speak with um glenn from our legal team and he was going to be making those updates to our staff report so you would be seeing that prior to tuesday okay um so i'm gonna make a suggestion here and you guys come at me any way you want i'm suggesting because right now it is thursday this meeting is tuesday we don't have necessarily have that information

would you guys be comfortable with pulling this and putting it on the um 14 21st i would yes i'd support that hey anthony i would but i don't want it to be the same item exactly i think we need an item where we have research from staff as to what do we want to do do we want to keep it as a vendor great this is best practices for keeping it as a food service vendor we want to make it an actual lease and lease this thing out i think that's problematic for a number of reasons but if that's what we want to do then that's a very different conversation but we as policy makers need to make that decision okay so which prior to talking term i understand which would you prefer uh i i believe right now um keeping it a vendor services agreement is probably the most logical if you look at We put out a requested bid at the casino complex. We had nine people come through and nobody actually entered a bid. Restaurants and companies do not like entering into large, weird contracts with a city. I think right now, if somebody knew were to come into that space, they would have to do substantial overhaul to make it theirs. No one's going to do substantial overhaul if we have kind of hanging out there that we may, in two or five years, undertake a major renovation at the golf course, which could cause your business to be closed for an extended period of time, or just your customer base to disappear for an extended period of time. So I think logically what makes the most sense is keep it a vendor services agreement, which keeps the facility largely as is. We correct the deficiencies and ensure whomever is agreeing to this moving forward is going to adhere to the terms and conditions of that agreement.

Okay. Commissioner Maliga and Commissioner McVoy, how do you feel about leaving it vendor services versus turning it into a lease?

i would prefer a lease um just to keep everything congruent with everything in the city of lakewood beach um unfortunately i think that it is a lease because they're they have an alcohol license they are benefiting financially they are employing people it is not to me a concession and i'll do respect commissioner segrich is a much smaller venue and they have 99 of the square footage in our building and to me that constitutes a lease um i i'm open to you know i'm not gonna fight for that um i looked at the itn the first thing i said is no one's going to do this itm with a five-year lease it's got to be minimal 10 with two five-year extensions if we want someone to invest in that in that building um so that's a different conversation but i personally would would like a lease um I just think that it's in my opinion, it represents what is really happening there. It's not just a pop-up hot dog stand. And that to me is what concessions references. This is a full service all on kitchen, a full service alcohol license. And I think that it should constitute the lease.

Okay, Commissioner McVoy.

2 things I'm relatively agnostic on whether it is a vendor or a lease. I do thank Commissioner Segrich for having pointed out that it has been a vendor arrangement, a concession arrangement, and that things like not paying water and electric apparently came out of that basis. And so we should be a little slow to jump all over the tenant for not having paid that, especially since they didn't have meters for them. I just would look for a commitment from my colleagues that as we bring this, if we move it to a next meeting, which I'm in favor of, or a subsequent meeting, and we ask for more information in terms of comparables and square footage and blah, blah, blah. Square footage might not apply if we do a vendor. I ask for a commitment from my fellow colleagues to be equally assertive and aggressive on a public input component. This place means a lot to a lot of people in the community. We should hear from them. What do they like? What do they not like? have that certainly be a factor. We are here, as Vice Mayor May often says, you know, we're here to represent the wishes of the community. Let's make sure that we have an opportunity clearly to hear those. Thank you.

Okay. So direction going forward, do we want to pull this and have it come back on the 21st? Shayla, how would you look at the 21st?

I consent to that. Consent to that with the request that we get public input.

Yes, we hear you. Shayla. Yes, I'm pulling it up now.

There are five new business items as of right now. There are no unfinished business, so we would move both this and the ITN to that meeting. Okay.

And, Tiana, I saw your hand up. How do you feel from the city manager's office?

We can follow the commission's direction, and the clerk actually answered my question of whether you would, if the commission would like to pull the unfinished business B in addition to A.

So, the clerk ... Yeah, I don't think that ... Well, then shouldn't we pull the ITN as well if we don't know what ... Yeah, that's what Tiana said.

Yeah. um okay so those are items unfinished business a and b are gonna be unfinished business a and b for um the 21st yes so i will pull them today elizabeth would that give you enough time and um yannick would that give you enough time to get the information for um that Commissioner Maliga asked and Elizabeth, would that give you guys enough time to talk about the difference between the two items and what it would look like as a lease versus as an extended vendor services agreement?

Shayla, what would be our deadline for that next week?

The deadline for that agenda is to have all the backup in by the 6th. That's not going to happen. That's Monday.

Yeah, that's not going to happen.

So we'll work with you, Elizabeth, to get it in. We publish on that Friday.

Okay. Yeah, but that's not enough time. Hold that, Chris, please. Thank you.

Glenn has already drafted the changes that were previously requested. We will definitely take a look at this different direction regarding having the options for continuing the vendor services agreement versus transitioning to a lease and make sure there's some explanation in there. I anticipate we can have something ready by Friday for you all to consider or at least give some direction so we can bring something back further.

Okay. Yannick, what about the financials?

We should be able to get that ready. Our goal was today. So we thank you.

Tiana. Is the request of the commission to also have the market value rate because we currently leisure services is working on getting firms to be able to handle that but we have not had response of those that we've sought um sought out to get that from so that might be challenging but we can look in to see if we can get that deadline met but i do not know if we'll be able to get that back up up for next week because there there is a timeline request of them to do their due diligence at the property okay go ahead i would like to see those numbers

Okay, if we want to wait for those numbers, then we're going to have to give them an extension past August because those numbers are not coming in by the end of July.

I support an extension past August, you know, some amount of time, and I support waiting to put it on until we get some of this information.

Okay, thank you. Anthony.

I supported an extension past August. I thought we already gave direction to do that.

I thought we had given an extension to April of 27.

We did with an updated price. So they can agree to it or not. I think we stick with that because that simplifies things. I think this is a more complex issue than let's rush and get it by the next meeting. It's an important issue. We do have to hear from staff. We have to hear from outside experts. We have to hear from the community. And then the other thing is, I do not think we should have the ITN just sitting there on the same day that we're discussing what is the direction of what we're going to do, because that presents a false narrative that, oh, you've already pre-decided that you're going to put this thing out to ITN.

So you want to take the ITN off completely and put it on a different date?

Indefinitely. Correct.

Indefinitely.

Yeah. And I think right now, because we voted on it last time, Mitch, and the Beach Club, here's your extension. It's whatever it was, $7,500 to next April. That's your extension.

Right. Okay. So Elizabeth, sorry, Anthony, I didn't mean to cut you off. Are you not done?

No, I was just going to say, in that time, that'll give us ample time to do this right. Right. Because there's a lot of things at play here.

Agreed. What 1 of the things that we can do is that there was prepared an extension through August at the increased rent amount that was previously discussed. We can amend that to April and we can either leave it on the agenda for Tuesday or bring that back on the 21st and then work on the rest of this for a later date.

Well, I believe that we've already voted on the April. yeah so we'll just there would be no reason to bring that back it's already been voted on we voted on april at 7 500. we would like to bring a document back for you all to review and make sure that you agree to what the document says plus plus utilities that's why we're going to bring it back okay so let's then um do you do you want then to bring that back on will you have that for tuesday just for the extension

We can have that for Tuesday if you want it on Tuesday.

Okay. So let's do this then. Let's put the extension to April, that document, on Tuesdays. Okay. Take off the ITN item. So take off unfinished business B.

And we're modifying A for Tuesday.

All we're doing with a is taking off the other options at this time.

We will modify accordingly.

And Sarah, are you okay with that?

Yes, I just want to make sure that the utilities are included. Like I said, and the garbage goes on that next agreement.

Okay. And Mr. are you okay with that?

Yes, although I think we should discuss based on Commissioner Segrist pointing out that this is more a vendor services, which doesn't typically include the electric and water and garbage that's dealt with by the owner. Let's at least discuss that and have some idea of what the cost, because that would be my inclination. Also, I feel really strongly, and Commissioner Segrist almost took the words exactly out of my mouth, The ITN should not be at the same time. Let's sort out what we're doing with this lease vendor agreement.

We all agree to take the ITN off completely.

Yeah. Okay. Thank you.

Yep. And then, so that's off. And then we are just going to go ahead and look at the extension.

To April.

April. Now, Sarah.

if if electric and water is not able to give us that breakdown um would you be okay with giving the extension to april just at the increased rent no i want them to pay their fair share of the utilities that golf course it's not fair that it's on the backs of the residents they are a business as a business write-off and they are using 90 of the electric and the water in that building the city is not

I'm just asking where you're standing so I know where to go forward. So I'm just thinking then for Tuesday, would we be able to have that information to make that decision regarding the extension? Because if we don't have that information, we're not going to be able to make that decision on Tuesday.

And the information you're asking for is the division of water and electric use in the building?

Correct. The information regarding what would their average water.

But why does that matter to us? They're putting in new meters, whatever their bill is, they're going to have to pay it.

Because of the fact that they haven't and it isn't in their current agreement. So.

And I understand, but their current agreement is now expired. So if they want a new agreement and they want an extension, that's why we're having this discussion.

I kind of agree with the Vice Mayor that let's make that, and I hear Commissioner Malega, but I also hear Commissioners Hegrich that, hey, this has been a long-term arrangement as a more of a concession. Before we add on a bunch of things, we're already substantially raising the rent. Let's at least make sure we have some idea what those numbers are.

Okay. Anthony?

Just for clarity, I stated I understand why it wasn't included. I didn't say necessarily I agreed with that it wasn't included. I understand. However, it should be easy enough for staff to either get us average electric and water utility bills and we can guess on a percentage there and come to a rough ballpark as to what that would be. If the meters are not there and we decide to go with utilities, let's do a rough ballpark. If the meters are going to be there, we can go with exact. So I think we have enough. We better have enough information on Tuesday to make that choice. because they're pretty easy to come by. It's not like we have to go measure this stuff. The electric and the water is what it is for however long it's been. Let's just keep it simple and not overcomplicate it.

Okay. Tiana. Following up on this historical data for the invoices and expenses, both our Water and Electric Department have been compiling that information for us, so we can have that available for you.

Okay, so I'm just going to summarize what we said. We are taking off the ITN. We are adjusting the staff report for Tuesday to indicate that we are going to discuss extending the lease to April. at the new rate and discussing adding on the utilities including garbage so make sure you get that from jamie um and so is everybody okay with that if you're not say something if you are don't say anything perfect all right next item we have in new business so i'm sorry vice mayor just before you move on we are moving the second amendment to the 21st as well no we are taking the second the Second amendment. No, we are keeping a, okay. And just amending it to that one thing. And then we're taking off B indefinitely. Okay. No worries.

Thank you for clarifying.

No problem. Um, the new business guys is, um, if you look at it, there's five of them. Does anybody have any specific questions? Um, on any of the A, B, C, D, and E in new business? Mr. Brown.

Yeah, good morning, everyone. I just wanted a little clarity. I had my hand up for that last item. I heard twice about adding garbage, and I just wanted to know what exactly are you referring to? Because they pay, just like any other restaurant in the city, they pay based on a fee schedule.

So it was under our understanding that they were not paying for garbage.

No, that they pay based on the service provided. So the number of days a week, the size of container they have, it's all based on fee schedule. So that is not something that they were.

I apologize that we were and I think I'm speaking for all of us. We were under the assumption that they were not paying for garbage.

Oh, no, they're paying for garbage, just like any other restaurant on the scene. So that is something to be part of.

Jamie, can you send us what they paid in the last year for their garbage?

Yeah, we can pull their bills. Yeah. um but that's something that typically we would not include that in whatever agreement or lease that you guys are going to do unless you just wanted to base it off of an average amount and just add that and we would prefer to pay for the actual level of service being provided no i agree with you 100 we were as i said under the under the understanding that they were not paying at all so if you would just have those numbers for us that would be great elizabeth

absolutely we can also add an acknowledgement in the document that they pay for their own garbage service i mean if that's general practice and we don't need to we we just didn't know that um but i think i would be in favor of of uh attorney lanahan's suggestion just added in there that you know point of record that that they have been paying that per the normal for their level of service and have been doing so for whatever length of time okay thank you

All right, going on because we have about 15 minutes left. Does anybody have anything else from New Business ADE?

No, but I do have something I wanted to see if I can get consensus on.

Oh, no, no, no. I know we're going to go for that. I do just have a quick question about the fence. Along the one where it's the... the revocable permit for installation of a fence along the south side of 129 south and adjacent to 13th avenue south what does that mean that it's revocable like if the city decides that we need that area at some point they have to remove their fence is that correct that is correct so we have uh basically the two options uh currently are a revocable permit or an abandonment

um we typically would not do an abandonment if it's uh like a roadway like if there's a possibility in the future that we could actually go through pave something um we have uh utilities in there that we need access to and we don't want to just do an easement for that um revoke which means we can come back in another time and literally revoke the permit and take that back over okay i just and i i kind of assume that i just wanted for everybody that's watching to understand that as well

Um, okay. And so go ahead, um, Sarah and um,

I wanted to get a consensus for, I put in an email to see if staff could arrange for us each to have a tour of the Gulf Stream and an update, because I don't know if anybody else is inundated with the questions of where's the Gulf Stream at. I would like to see if that could be something that maybe we could all tour it just so for logistics sakes for the construction company. But I think it's important that we know where the Gulf Stream process is, even though it's not our project.

i also um before do you have something else other than that because let's get it one at a time yes ma'am i do Okay, Gulfstream Touring, are you suggesting we all go at the same time if we can?

Yes, just because the construction company and happened to stop whatever process, I just think it would be easier. I mean, obviously we've already voted on it. It's not like there's a sunshine conversation, but I think that that way we all get the same tour, we have the same update and we're all on the same page.

Okay, does anybody have a problem with that? No. Okay, so we have consensus for that. Go ahead, Sarah, your second thing.

The other thing I wanted to find out is an update on FDOT and where we are with the conversation with Lake and Lucerne. I sent an email for that this week. And regardless of what happens with the beach club, somebody had to bring up the fact that the garbage can is very intrusive. And I think that in the next budget conversation, if public works or the golf fund, however, can come up with a way to enclose that and screen it and beautify that area so people don't see that when they're pulling in. I think it's something we need to look at.

Is that, Jamie, is the... not a garbage can what are those things called dumpster is the dumpster when you first walk in is that the one that they put their garbage in mr brown yeah sorry i'm muted um so you have the uh cardboard recycling container when you first walk in and then the dumpster enclosure is a little bit further up on the south side of the parking lot okay so could we um enclose both

We're actually discussing just removing the cardboard recycling container. I know people in that general vicinity in the neighborhoods, they use that as well. But that is not one of the locations we see a lot of material coming from. So we're currently discussing just removing it altogether.

That sounds good because it's not very attractive.

And what about enclosing the other one? Can we beautify that with a white fencing around it, lattice, not lattice, but the white, what is that, PVC or whatever it's called?

Yeah, like the one that's at City Hall around the air conditioners?

Correct. Noted.

Awesome. Anything else there? Mr. McFoy or Mr. Segrist, anything from you guys?

Not at this time. No, ma'am.

Okay. And any other staff person needs to discuss?

Actually, I forgot one, so I do have one.

Okay, go ahead.

I know that I was not there, unfortunately, for the discussion of the Benny's extension of their lease. My understanding is that they said one of the reasons that they wanted a longer or an extension and a longer total lease was that they would be doing all sorts of improvements. Could we request then from staff that we get sort of a list of what those are or what those anticipated are and what ones have been done just so that we have a bit more concrete idea of what these things are? So looking, I guess, for consensus from my colleagues that we just closed the loop on that one. We've given them the extension. Let's make sure we know what is planned and what has already been done.

All right. Commissioners Sigrich and Maliga, how do you feel about that?

I don't have a problem with staff asking. I think the future in improvements will depend a lot on what breaks down. on that particular thing, as well as the boardwalk, not the boardwalk, the peer analysis that we're doing. But if staff wants to ask, no problem with that.

Sarah? I'm good with that. Jamie, is that something that you can do? Or Tiana, is that something you can do? Yes, we can do that. All right.

Thank you.

Yep, of course. Any other staff have anything for us? I am going to ask Stuart before. Oh, perfect. Stuart, you read my mind. I am going to ask Stuart to do a rundown of the 4th of July.

Yes, good morning. Stuart here, Interim Director of Leisure Services. So bottom line, all systems are a go for July 4th. We've executed multiple rehearsals. We have multiple approvals all the way from the federal, the state, and the county level. The festivities will start at 10 a.m. with the NAPC parade down to Bryant Park. The Great American Raft Race will be at 12 p.m. During that time, there'll be some additional vendor load-in. We're already starting vendor load-in today, but after the raft race, really the next kind of large time is... Oh, no.

It just froze up, unfortunately, Stuart.

Can you hear me? Sound check?

Now you're back. Okay.

Yeah, my apologies. So after the RAF race, the next time is 530 for the hot dog eating contest. That kind of tees up the opening ceremony at 6 p.m. So all electeds, we'd like for you to be present. If you're in town, it could be on the stage for some comments. The American Legion will be there with their incoming commander and outgoing commander. as well as their sergeant of the arms kind of watching over the national colors. Then we'll kind of go into some music. The free fall will be at 7.30 p.m. with the vice mayor. She has her coordinating instructions on where to arrive and the time. And then right after that, the drone show will execute at 9 p.m. We do have an added bonus that the drone company worked with us on, and that is music choreography. So that is going to be kind of a highlight of the night. It's very powerful with the opening statement. And then immediately following drones touching down the airspace, the fireworks are going and as a high volume. And after that, Elton John and the Jets will do their final set for about another 30 minutes. So the entertainment, you know, folks could depart after the fireworks. If you want to stick around, see the entertainment for their final set. The music will go right after the fireworks at 930 all the way up until 10. Depending on any questions, that's all I have.

Okay, Anthony.

That sounds absolutely amazing. Have we reached out to all of our press outlets just to let them know just how big of an event we've made this? Because everyone that I speak to, they're like, oh my God, wow, that sounds like it's going to be awesome. So have we really pushed this out there, Palm Beach Post and everybody, Sun Sentinel?

This is Stuart again. Yes, Rebecca's pushed it out. I believe we're going to have some significant media coverage that will be present. I don't have the exact rundown if anyone's going to be on site, but I can follow up with that and do another media bulletin release as well.

There's usually some media presence at the Rath Race as well, at least in the past there has been. Anthony, your hand's still up. Are you...

i had one one other thing that i just remembered good um so i just briefly wanted to address um public comment and you know public comment is a first amendment protected activity and at last meeting we we had a little bit of an issue um and with public comment as a municipality we are allowed to set rules and policies on on how it is. And we have some of those written down. For example, we do not read public participation of non-agenda items. Those go and get posted on the web. That is an official, absolutely written in stone policy. And because of that, it's an allowance. We're allowed to make that restriction. What is not in our policy is judging a public comment based on its content and deciding whether it's relevant or not. Um, we do not have a policy. We do not have a guideline for that. And I want to make sure, and I would ask my colleagues if, if, if they agree, um, I am a firm believer that if somebody submits a public comment, no matter how silly we look at it and say, it doesn't make sense to me or, Sometimes they can be offensive. Sometimes they can be jarring. Sometimes they can be uncomfortable and sometimes they can agree with what we, what we like. And sometimes we can vehemently disagree, but no matter what, if it's not a violation of our policy, those public comment need to be heard uninterrupted. That's in person or heard being read in its entirety with no content taken out of it. No, no, judgment on what that content is i i take this very seriously and i i think we've gotten very lackadaisical both in chambers and from the clerk's office in this regard and i want to see if my colleagues will support a return to strictly abiding by our policies i

Thank you. I also think that we do have a policy, correct me if I'm wrong, and I don't think that this was a situation on Tuesday, but we do have a policy that says you address the commission as a whole and that you do not target individual commissioners. I believe that that is written. I would ask staff to confirm or deny that. But I believe that is another part of our policy where you can't just come in and rip someone apart.

I don't know if we're allowed to do that, but maybe an examination.

Well, I know that they do that at the county commission, then that's a policy. And also, I believe that the mayor's position as chair of the meeting, she or he does have a little purview of setting the expectation of how the meeting is going to go. Elizabeth, go ahead.

Hi, so we did amend your rules of procedure fairly recently regarding some case law that has come out in the last year or 2 and 1 of the changes is related to addressing the commission as a whole. It is still preferred that you address the commission, but it does not your roles no longer state that you can't call out an individual commissioner because individual commissioners are able to be recognized for the good that they do. And the. You know, parts of their job that the public disagrees with. So you get both sides of that and there is recent caseload that clarifies that that's really important. So far as public discourse is having that freedom to have the pros and cons both stated. You know, if you can. Say, an individual commissioner does these wonderful things. You can also say they do not so wonderful things.

but it does say that it did we have that in our policy it used to be in the policy yes okay so i'm not crazy you're not crazy no we just amended it really recently okay um and are there is there anything about like being um disrespectful vulgar crass can they use any vocabulary they want i'm just

We have language in here regarding pejorative terms and profanity. And using notionally offensive words, those are kind of the term kind of hit terms that are in the case. All that's come out, but. You know. There's a lot that can fly right? Both good and bad, but there, there are certain limits that the commission has set and it is in the meetings up to you all and particularly the mayor who's running the meeting to kind of monitor that and keep things within balance. I don't think there's been any. At least what in the meetings that I have attended that there's been a disruption of speakers. I think that you all made a. Decision not to have all public comment read that's submitted written at the meetings and that's perfectly fine. You don't have to have any public comment that's submitted electronically read out loud at the meetings. You can receive it electronically and have that as part of your record and read those things, you know.

outside of the but we have but we have decided that we you have decided to have that so if we have decided we will be reading them and if they were in the chambers they could say whatever they want then it whatever they write they have it has to be read as written correct okay so anthony i think does that clarify for you what what is expected of staff and us oh one one hundred percent um i was

Yes, on that. In terms of people being interrupted in our meetings, I find it hard to believe that anyone has been in a single one of our commission meetings and have not seen public comment get interrupted. It happens.

I agree with you, and I think point taken.

I'm just asking for a recommitment and a re-education of all of us, because I don't ever want to see what happened last meeting ever happen again. So someone can sue over that.

Okay, so agreed. We're done with that topic. I hear you. I think the rest of us hears you. I think staff is hearing you. I don't think that there's any issue with that. I mean, as long as we are following to the letter of the law, I think that that is appropriate. And it is 10 o'clock, and I don't know that we need a motion to adjourn, but this meeting has ended. Have a great safe, safe, safe, safe 4th of July weekend, everybody.