City Commission - Regular Meeting

Thank you.

All right, if we can start taking our seats out there. Taking our seats and into the conversations or continue them out in the lobby. That'd be great. All right. Let's go ahead and call this Pompano Beach City Commission meeting on September 8th, 2026 to order. If I could ask everyone to please silence their cell phones or put them on vibrate during the meeting, that would be great. That way we don't get interrupted by somebody's phone call. That would be fantastic. Thank you. Let's go ahead and call the roll, Mr. Alfred.

Commissioner Fezzik. Here. Commissioner Perkins. Here. Commissioner Sigerson-Eaton. Here. Commissioner Smith? Here. Vice Mayor Fortier? Here. Mayor Hardin?

Here. If we could all please rise for the invocation followed by the Pledge of Allegiance. Our invocation today will be given by Pastor Robert Kinchin, the Christ Fellowship Church of God in Christ. Pastor?

Commissioners, our Father which art in heaven, hallowed be thy name. Father, we thank you for this opportunity to come and stand in the midst of this, your people. Asking you that let your presence be filled, the spirit of unity, togetherness. We ask that you come and allow the Diocese to consider everything concerning our wonderful and great city, the city of Pompano Beach. Look out for the poor in their decision-making, the disenfranchised. Look out for our safety and our well-being. Help our city to continue to grow and be an apex in the area of cities among the world's cities. We ask this, Lord God and your precious, name of your son, Jesus Christ, our Lord. Amen. Amen.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

Thank you. All right. Can I get a motion approving the City Commission Budget Workshop Minutes of July 20th, 2026? So moved.

Second.

Moved and seconded. All in favor say aye.

Aye.

Opposed? Motion carries unanimous. Thank you. Can I get a motion approving the City Commission Budget Workshop Minutes of July 28th, 2026?

So moved. Second.

Moved and seconded. All in favor say aye.

Aye. Opposed?

Motion carries unanimous. Can I get a motion approving the Regular City Commission Meeting Minutes of July 28th, 2026?

So moved. Second.

Moved and seconded. All in favor say aye.

Aye.

Opposed? Very good. Unanimous. Thank you. Mr. Harrison, any changes on our agenda today? No, sir. Very good. Can I get a motion approving the agenda as printed?

So moved. Second.

Moved and seconded. All in favor say aye.

Aye.

Opposed? Motion carries unanimous. Thank you. Are there any items the commission wishes to pull from the consent agenda?

Yes.

Commissioner Fessick?

I'd like to pull... 1 and 4 and 11.

I'm sorry. What was that? 1 and 4 and what?

1, 4, and 8, please.

1, 4, and 8. Any other commissioners wish to pull any items?

I had 4 and 8 on my list.

OK. 4 and 8. OK. Any other items the commission wish to pull from the consent? Seeing none, okay, then all other items on our consent agenda are eligible for discussion during audience to be heard. Numbers one, four, and eight will be discussed individually when they come up. Thank you. All right, that takes us up to our special presentation. First, we've got special presentation by Broward County Public Schools. Superintendent, Dr. Howard Hepburn, thank you so much, sir, for what you do for us. And Chief of Staff, Mr. John Sullivan, to provide a brief informational presentation regarding the Next Generation Referendum, which will appear on the November 3rd, 2026 general election ballot.

Superintendent, thank you for being here again in Pompano Beach. Yes, absolutely. Thank you for having me, Mayor, Commissioners. Always a pleasure. And also, I want to thank you for your continued partnership with Broward County Public Schools and especially the schools in the city of Pompano, too. It's palpable. Partnerships really matter to us. We can't get the work done without them. So, so appreciative for what you've done for our students, our schools, our staff, and everybody who has an impact on every child in our classroom. So, I don't know if we're actually going to have the presentation up.

Yeah, I'll tell you, how would you feel about going to that podium over there? Okay. Because that's where we got the presentation. Okay, awesome. Yeah. Has it already been preloaded? Do we know? No? Does anyone have their presentation?

If not, I can go off with an iPad and talk through it.

Apparently it wasn't. Have you got it curving? It should be there. Let's get it queued up here. Just a moment, Mr. Hepburn. Mr. Hepburn.

Can we get it?

It's not there?

No. So I can go through it. then we can sense make sure you actually receive it so first of all got to make my lawyers happy we're here to inform and educate not to advocate so definitely want to inform and educate the public as well throughout this presentation so love to talk about our accomplishments first we're a rated school district for the third year in a row so That first time in over a decade was school year 24-25. Also, we have no DNF schools for the third year in a row as well. Our teachers, our school-based administrators, our hundreds of thousands of volunteers, partners such as the City of Pompano, and many more helped to maintain that level of accomplishment. It takes a true village to make sure our students are receiving the top notch quality instruction they're receiving in their schools. Also the highest graduation rate in 25 years, 97.5% for all of our traditional high schools. When you add in our alternative high schools and also the charter schools, it's 91.4% graduation rate. Also, we're number one in Florida for funding for AP, ACE, IB, dual enrollment, industry certification. What that means for the public is that we receive funding based on student outcomes in those college-level courses and also industry certifications that they earn. So we're number one in Florida because we actually challenge our high school students to enroll in college-level coursework. And they're stepping up to the plate, and they're actually accomplishing and executing with great success. In order to engage in that level of rigor in high school and be successful, we actually expose you at the middle school level with high school coursework. So you can get that exposure with a level of rigor in middle school with high school courses. And when you get to high school, start taking college level courses. And I'll talk about some of the actual outcomes based on that. And also in addition, we're Cambridge District of the Year for 25-26. Our ACE program, which is a college level coursework provided to our students where they earn college credit. We're only one large school district in the whole entire nation that earned that accomplishment last year as well. I also like to remind the public and everybody about the scale and the size of our county public schools. We serve over 236,000 students. Of the 236,000 students, 180,000 of those students are actually in our district operated schools. The others are in our charter schools across the county. We also have about 325 total schools and about 86 of those are actually charter schools. And we have 27,000 employees. Also, another outcome for our high school students who graduated with Class of 2026 just this past year, due to their exposure and engagement into college-level coursework and the outcomes that they received, the Class of 2026 earned $617 million in scholarships. That's over $200 million more than Class of 2025. So I know class of 2027 are just as competitive, and they're probably beating the class of 2026. So it's a lot of money that our students are earning because we're engaging them in rigorous coursework at the high school level, i.e., college coursework and industry certification that's helping students live out their post-secondary dreams. Also, as I mentioned before, we're 3PA since 23-24 and up to last school year. When I started in April of 2024 as superintendent, the year before we had quite a few DNF schools and a lot of C schools. Since that time, we've reduced our our F schools, as I said before, 100% zero for the past three years. We've decreased our C schools by over 72% for the past three years as well. We've increased our number of A schools by 130% over the past three years. 87 to date, 87% of our schools are As and Bs. And right now we're constantly, yes. Right now we're working to actually decrease the number of C schools, right? That's our mark right now since we eliminate all our D and F schools, we're trying to decrease our C schools as much as possible to zero as well. The majority of the schools right here in the city of Pompano are A's and B's. Again, thanks for the partnership. We know you and your staff, as far as the residents of the city of Pompano, do a lot to support our students, our teachers, our schools day in and day out, ensuring that we can make ends meet when it comes to the resources and support that they need at each school. And at this time, I'm going to ask Mr. Sullivan, he's going to come up and actually do more of the referendum part so that the public has an understanding of the election date and what the actual ballot language is and how we've used the money in the past and how we're going to use the money in the future if the taxpayers so see fit to pass that in November. All right. Thank you, sir.

Thank you, Superintendent, and good afternoon. Thanks for having us. We'll make sure to email the PowerPoint to you guys as well because we know it's a lot of information. We apologize if we don't have it up. So historically speaking, this is a renewal.

Who are you?

Oh, John Sullivan, Chief of Staff to the Superintendent.

Thank you, John.

So historically, your residents have been accustomed to seeing this since the 2018 cycle during the primary, but due to state statute, it's now in the general. So that's why they didn't see it in August, and they'll see it on November 3rd ballot. So again, this is a renewal. It's not a new tax. This is a tax that's been on the tax rolls now for And this would be a continuation of that if it were to be successful. The impact to the schools, if this were to pass or not pass, would be the 27-28 school year. It generates 358 million annually across Broward schools, and that does include charter schools as well. So they also benefit from the referendum investment. It funds three buckets, our teacher and staff compensation supplements, our school safety program, and our mental health professionals. We know the city partners with us in many of our schools with our SRO program. We know that's a financial burden to the cities. Since the inception of the referendum, we've been able to go from about 56,000 to about 120,000 in our contribution. If the referendum is successful, we can continue conversations on how we can increase that contributions and lessen the burden to the cities. We do appreciate the city's partnership in keeping all our schools safe. Okay, so again, it funds three buckets. It's about $173 million for Barrett schools for our compensation for our teachers and eligible staff. So think of everyone who interacts with our students, all the way from our principals to the beginning of the day, our bus drivers, our custodian workers, our half or tier workers. So all the frontline workers really benefit from that referendum supplement. It's important. We all know that inflation and the cost of living has gone up. And it's important for our staff to be able to afford where they work. And also our neighbors to the south and the north have similar referendums and our employees have options. And we're able to compete in terms of recruiting and retaining the best employees because they also have referendums with those supplements. And again, security 393 school safety personnel and about 1.7 million in safety technology, including our panic buttons that we all wear now. which are critical in a case of emergency in a school or one of our facilities. You press this eight times, and law enforcement is activated, and they respond immediately. So it saves time. And about 224 of our mental health professionals are also funded out of the referendum. So all those items will continue to be funded if the referendum were successful. I just wanted to briefly highlight the bond program versus the referendum. We know there's been a lot of negative press and issues as it relates to the bond. The superintendent has been able to close out a lot of the projects and continues to do so. But the point is the bond is separate. That's for facilities and our capital building assets. The referendum is operational and it does not fund, they don't fund each other's buckets. So one's operations and one's facilities. And we've had two audits of the first referendum and the current referendum. Both have found that we have spent those referendum dollars according to how the voters approved and intended for us to use it. The board did vote on allocation if the referendum were to be successful. So about 90% would go towards those eligible staff members for supplements and 10% for mental health and our safety apparatus. The referendum is the only mechanism for the district to raise funds. Outside of that, there's no other mechanism outside what we receive from the state. But the board and the superintendent understand that we do have to show to the public that we're taking our responsibility of being good stewards of their taxpayer dollars. So as it relates to our general funds, we reduced our district level staff for this school year versus last school year by 1,000 positions. which is about 54 million in reoccurring savings annually. And we restructure our healthcare for our employees, which saves another 46 million annually. And we've closed seven schools as well to deal with declining enrollment. So all that generates about 100 million annually. That really only covers the deficit of the continued reality of losing students. So this year we've lost another 11,000 students. But with that said, the board will be responsible with the general funds that we have received and will continue to take action to address the decline in enrollment. What does this mean for your residents and the average taxpayers annually? These are estimates, so it could be higher or lower depending on your property value. But for the average property value for the house, it's about $408 a year is what we're talking about in terms of investment, which is about $35 a month. For a condominium owner, it's about $230 annually or about $19 a month. And that, again, generates $358 million across private schools, including our charter school partners. If it's not renewed, again, we would lose that $358 million. The board does not have that in our general funds. We would be having to make very tough decisions, and there's no way that we can continue the level of services in those three buckets. So that's just the reality of it. Our fund balance is right at the 3% required level, so we can't go dip into our general funds. And we do continue to having to address the decline in enrollment and budget shortfalls, so it would be impossible to make up the 350 without the referendum. We do have a website, so I'll say for the public, if they wanna take a look, all this information's out there, briartschools.com forward slash referendum 2026. So briartschools.com forward slash referendum 2026. And again, everything we've said to keep the lawyers happy is for informational purposes only. We're not telling anyone how to vote up or down, just information that they need to consider when they make that choice for themselves. And with that, Mr. Mayor, we're available for questions.

Very good, thank you for that. Is there any questions from the Vice Mayor?

I have one quick question. We've been talking a lot about amendments and referendums that are going to be on the ballot in November. The threshold for yours is 50%, I assume, not 60. Can you clarify that?

Yes, ma'am. 50 plus 1. Thank you.

Gotcha. And just for the public, if the property tax amendment passes this year at the state level, how does that impact the schools?

It has no impact on the school district. They removed us from that equation. Very good. Thank you. Any further questions from the board?

Seeing none, thank you guys very much. Appreciate all you're doing for our kids and our communities. Seriously, I mean that in all sincerity. Appreciate the opportunity and the partnership. And you will get that presentation to us, correct? Okay, great. That'd be great. Thank you so much. Appreciate that. All right, that takes us up to the annual report of the Children's Services Council of Broward County. Cindy Arnberg-Seltzer, or maybe not, President and CEO of CSC, will present the annual report to the Commission, including programs, services, and investments specific to Pompano Beach. Good afternoon, sir.

Good afternoon. I think you have our presentation?

Well, I would not be the right person to ask. It's there. It is there.

Hello, Ken King, I'm the Director of Communications and Public Affairs at the Children's Services Council. And thank you for the invitation and just kind of getting the opportunity to present here at the city of Pompano Beach. Just to get started. Who are we? Children's Services Council is statutorily required. We have been voted by the voters twice here in Briar County in 2000 and in 2014. Up to 0.50 mills, that's 50 cent per every $1,000 of property tax value. That's our millage rate. And we fund organizations that serve children and families across Broward County. What I want to do is bring greetings from our one and only CEO, Cindy Arenberg-Seltzer. She's been the CEO President for 25 years. She brings great experience and great veracity to Children's Services Council. Why we were created? Before we get there, we have a council that is statutorily required. Some of them are candidates or people who are on that council. We have someone who represents a school district, the superintendent. We have a school board member, a director at the DCF. We have director from health department. As well as five other gubernatorial appointees. Why CSC was created? There was issues in Broward County, 99-2000. There was a crisis in the child welfare system, high youth referrals and crime and risky behavior, low educational achievement, high teen pregnancy and repeat teen birth rates, and high infant mortality. CSC was built to help Broward act earlier, coordinate resources, invest in prevention, and reduce barriers before problems became more costly. This slide highlights last year's funding, $133 million total. We served nearly 200,000 children and families all over Broward. And the map just shows the zip codes where we serviced children and families all over Broward. How we use that dollar. What we do, 93% of every dollar goes to programs that we fund. 4% to administrative costs and 3% to taxes and other things that we might need to pay out. So most of the money is going into programming. Here is some CSE outcomes in Broward that we are very, very excited about and want to share. In the area of early care and education, we invested over $11 million last year. A lot of that goes to slots for preschool education, so parents can get out and work. 24 million went into family support programs. Those are programs that families need to support their well-being. It could be food mitigation, it could be therapeutic therapy in the house, those kinds of programs. Youth programs, any programs that deal with teens and delinquency, job exposure, job experiences. We spent $29 million in that area last year. After school and summer programs, $20 million spent to help parents who need to work have safe places for their children to go to after school and in the summer. Special needs, near and dear to our heart. We spent $19 million in that area. Those areas include special needs preschools, aftercare, respite for parents who might need help, who need care over the weekend for their children who have special needs, all of those areas. So in the beginning, I talked about there being a crisis in Broward at the beginning of CSC in 99, 2000. Here is just the slide that kinds of talk about the work over 25 years. We've seen decline in teen pregnancy in those rates. We've seen a decline in infant mortality. We've seen a decline in delinquency among youth, and we've seen an increase in educational attainment. A lot of attributed to the programs that we fund for children and families here in Broward. For Pompano Beach, we wanted to really hone in to what support or what happens from CSC to Pompano Beach. Last year, our providers provided over $9 million of support here in the city of Pompano Beach, and they served over 16,000 children and families here in the city. Here are just a few of the providers that we know have headquarters here in the city of Pompano Beach. But here's a pie graph of the areas that CSC is supporting providers in here in the city of Pompano Beach. And I'll break that down just a little bit more. In the area of physical health and child safety, we fund school nurses and those visits to the school nurses, and we fund swim lessons. So all of those kinds of things are in that category for physical health and child safety, and your numbers in there were extremely large. The next big area for Pompano Beach was family support programs. That includes programs that build family strengthening. programs in food mitigation, programs for kinship, programs that are really looking at how we can build a supportive family. And in the corner you see HEAL for families that have been affected by traumatic events that we can provide support to over time. This is just a list of all of the CSC providers serving Pompano Beach, and there are a lot. And you'll see agencies like YMCA, Jafco, SunServe, 211, all of those kinds of services that you hear that CSC supports in the city of Pompano Beach. Here's just some highlighted numbers. For 211, the Broward Health Highline, you had 4,876 served in the city of Pompano Beach last year. School nurses, 4,039 school visits supported by CSC in the city of Pompano Beach. Life Net for Families, one of our funded food mitigation programs, you had 2,100 participants who participated in that food mitigation program. We also do some very selective work here in the city of Pompano Beach, and it's our asset-based community development program. And we have two sites here in the city of Pompano Beach. And the next slide will just describe that work. Asset based community development allows us to listen to the community. We're able to map the assets of those community members and those kinds of things, help them co-create their own program, and we get to invest in those programs. So we get to really look at a neighborhood and look at the assets and give funding to those citizens who really want to create their own network of work. This just gives a listing of all the publications we have at CSC that just give our transparency and talk about all of the work that we do at CSC. And they can be found at our website. And the next slide should be our website. For more information, cscbrower.org. For everybody who's online, you can use the QR code. But definitely check out our website and see all of the work that CSC does. Thank you very much for that opportunity, Mayor. It's time for questions.

Very good, thank you for that. Yes, quick, so you talk about, you guys, you actually fund folks in the neighborhoods. Yes. Who want to help.

Yes, through our ABCD work. So they're co-creating projects and those kinds of things that we fund those programs through CSC.

And the best way to contact you guys for that from the folks in the neighborhood would be to go to the website? Yep. Okay, that's great news. Very interesting. Thank you. Appreciate that. You're welcome. Any questions from the board? Anybody? Well, thank you so much. Appreciate your presentation. Thank you. The work you do, yes.

All right.

All right, that takes us up to proclamations. I'll be right over here. We've got two today for Chiari Awareness Month and also Florida Redevelopment Week.

All right.

All right. The first one is I'm going to proclaim September as 2020. September 2026 is Kiari Awareness Month in the city of Pompano Beach. Tiffany Salas, president of Kiari's Tiffany Salas and Mary Jacobs of Kiari's Little Warriors will be present and receive the proclamation. Are they here? All right. Here we go. At least we got one. Come on down.

Thank you, appreciate it. Let's see.

Yep, here we go.

This is the first one right here. All right. Whereas Chiari malinformation is a serious neurological disorder in which brain tissue extends into the spinal canal due to structural abnormalities at the base of the skull, potentially disrupting the normal flow of cerebrospinal fluid and affecting the nervous system. And whereas Chiari malformation was first identified by Austrian pathologist Hans Chiari and is estimated to affect approximately one in every 1,000 individuals in the United States, although many cases remain undiagnosed or misdiagnosed. And whereas individuals living with Chiari malformation may experience a wide range of symptoms, including severe headaches, neck pain, dizziness, balance and coordination difficulties, vision disturbances, muscle weakness, swallowing difficulties, chronic fatigue, and other neurological complications that can significantly impact quality of life. And whereas Chiari malformation may occur alone or in association with related conditions such as, and this is gonna get me, serenomyelia, tethered cord syndrome, hydrocephalus, and connective tissue disorders, often requiring specialized medical evaluation and treatment. And whereas, while advances in diagnostic imaging and medical research have improved understanding of Chiari malformation, continued research, education, and public awareness are essential to improve diagnosis, treatment options, patient outcomes, and ultimately finding a cure. And whereas healthcare professionals, researchers, advocacy organizations, patients, caregivers, and families throughout the nation work tirelessly to promote awareness, provide support, encourage research, and improve the lives of those affected by Chiari malformation and related disorders. And whereas... September is recognized nationally as Chiari Malformation Awareness Month, providing an opportunity to increase public understanding of this often misunderstood condition, honor the strength and resilience of those living with the disorder, and encourage support for ongoing research and advocacy efforts. Whereas the city of Pompano Beach is committed to fostering awareness of health related issues that affect residents and families and joins communities across the nation in recognizing the importance of education, compassion and support for those impacted by Chiari malformation. And now, therefore, I, Rex Hardin, Mayor of the City of Pompano Beach, on behalf of the entire City Commission and residents, do hereby proclaim September 26, 2026 as Chiari Malformation Awareness Month in the City of Pompano Beach and encourage all residents to learn more about Chiari malformation, support individuals and families affected by this condition, and recognize the importance of continued research, advocacy, and public awareness done this 8th day of September, 2026. Thank you so much. I appreciate all your efforts. Care to say a few words? Yes, please.

I just want to say thank you everyone from Pompano. We are doing our fourth annual walk right here in Pompano on September 19th. So I just want to invite everybody. It's a short walk, it's only a mile, and we will be inside until it comes time to walk. And we're going to have pizza and tacos afterwards, and we would like to invite everybody to come. Part of the money that we do raise that day actually goes to Joe DiMaggio. and we help pay for financial assistance for children that do have Chiari malformation. And we are also working on educating our pediatricians in the local area and even nationally and let them know how important it is to make sure that they know the symptoms of Chiari and to send that child for an MRI to get checked. Thank you, guys.

Very good. Thank you. Appreciate it. Thank you. Appreciate you. Thank you. All right, thank you. Hope to see you there. Yeah, absolutely.

All right. All right.

Next up, we've got, let's see, we've got Florida Redevelopment Week. I believe we're going to have Nguyen Tran join us up here, director of our CRA. Come on down. Oh, and Whitney Rawls. Come on down, Whitney. Yes, Whitney Rawls. Whitney Rawls. Keeps his finger on the pulse of what happens in Pompano Beach and does all kinds of good things. Whitney, good seeing you, buddy. Thank you. Whereas community redevelopment agencies, CRAs, and redevelopment programs play a vital role in revitalizing neighborhoods, addressing areas of slum and blight, strengthening local economies, revitalizing downtowns, and improving the quality of life for residents and businesses throughout the state of Florida. And whereas redevelopment initiatives encourage private investment, support small businesses, improve infrastructure, enhance public spaces, and expand housing opportunities, thereby fostering vibrant, resilient, and equitable communities. And whereas the Florida Redevelopment Association in partnership with municipalities, counties, and community stakeholders promotes best practices, professional education, and collaboration to advance community redevelopment efforts throughout Florida, and whereas redevelopment programs authorized under Chapter 163 Florida statutes provide essential tools for local governments to address infrastructure deficiencies, promote economic development, and support affordable housing and public improvements in designated areas of need. And whereas Florida Redevelopment Week serves as an opportunity to recognize redevelopment achievements, highlight transformational projects, engage residents and stakeholders, and celebrate the economic, social, and cultural benefits of community revitalization. And whereas the observance of Florida Redevelopment Week will raise awareness of the importance of community redevelopment and inspire continued public and private investment in Florida's neighborhoods, downtowns, and commercial corridors. Now, therefore, I, Rex Hardin, Mayor of the City of Pompano Beach, on behalf of the entire City Commission and residents, do hereby recognize and proclaim September 14th, 2026 through September 18th, 2026 as Florida Redevelopment Week in Pompano Beach, Florida, and encourage all residents, businesses, community organizations, and public officials to recognize and celebrate the contributions of community redevelopment programs and to participate in activities highlighting the importance of revitalization efforts across our communities. Done this 8th day of September, 2026. Thank you guys both for what you do to redevelop and foster good things in Pompano Beach. Whitney, care to say a few words? Absolutely.

Thank you, Vice Mayor, Commissioners, and City staff, CRA staff. On behalf of all those who have served on the Northwest CRA and the East CRA Advisory Committee, and all of our community development. Organizations here in the beautiful city of Pompano Beach, I accept this proclamation. And as the mayor has stated, it is important work that we're doing here in our city. Most of you who know me know that I believe in three R's, rapid, responsible redevelopment that is people focused. I think our city is moving in that direction. With our leadership, we're still continuing to do the work that is set before us, and I'm looking for great gains here in Pompano Beach. Thank you, Mayor.

right thank you appreciate that buddy new and would you care to add a few words as well he does okay and i'd also like to point out that i'd also like to point out that mr rawls he is the chairman of our house at pompano beach housing authority also so he does uh does a yeoman's work to try and help the citizens of pompano beach and surrounding community newton

Thank you, thank you, Mayor. So a little speech because I don't want to leave anything out, and especially our ECRA. Mr. Paul Fisher is our chairman. He could not make it here to accept the proclamation for the east. But thank you, thank you for recognizing Florida Redevelopment Week. Redevelopment is more than just constructing buildings and improving streets. It's about creating opportunities. It's about strengthening our neighborhoods. It's about supporting local businesses and also preserving our history and ultimately improving the quality of life that people who call Pompano Beach home. In the east, of course, over the years, it's been a remarkable transformation. In the east, what's the most visible and noticeable is the transformation of our beachfront. Once an underutilized area, surrounded by the pier has become the Pompano Beach fishing village as you see today. Supported by the pier parking garage, new streetscapes, restaurants, businesses, public spaces. Also significant private sector investment that you see now. We have done and seen new investments along East Atlantic Boulevard, including the Mela Pompano, which brought new market rate and also workforce housing to the district. Soon you will see the breaking of the ground for the W Hotel. All this has taken many, many years to achieve. In the Northwest, we've worked equally hard to bring the investment and opportunity back into this historic heart of our community. The revitalization of Old Town, the creation of Old Town's backyard, the improvements to Annie Gillis Park, investments in our cultural assets like the Bailey, the ally, historic ally. New businesses, new restaurants that we have invested in, housing initiatives. We've done a lot and also the continued progress towards our transformative downtown Pompano Beach. We've helped restore economic activity and opportunity to an area that has experienced years and decades of disinvestment. These projects didn't happen overnight. They're the results of years of planning, strategic public investment, strong partnerships with our private sector, and also most importantly, the involvement and support of our residents and businesses. Redevelopment Week gives us an opportunity to celebrate how far we've come, but also it reminds us that work is not finished. We will continue building upon these successes, attracting investments, supporting our neighborhoods, businesses, and ensuring that redevelopment creates opportunities that benefit the entire Pompano Beach community. So thank you very much for recognizing September 14th through the 18th as redevelopment week, and your continued support in redevelopment in our community.

All right. Thank you, sir. Appreciate that. Thank you very much. Let's get it over here. All right.

All right.

All right. That takes us up to audience to be heard. Do we have anyone signed up for audience to be heard, Mr. Alfrid?

Yes, Mayor, we do have 12 speakers who have signed up. Out of the 12 speakers, two of them are listed on their form that they're here to speak on item number eight on the agenda, which pertains to the ratification of contracts and agreements. So I believe when that item has been pulled, they will have the opportunity to speak at that point. And those are speakers Marilyn Demartini and David Vassar.

OK. So those two speakers will speak when the item comes up in the agenda, correct? Okay, so those two speakers don't need to speak. Audience to be heard. Very good. Let's go ahead.

First speaker, Ed Phillips, followed by Brandy Zabadao, followed by Roderick Phillips. Ed Phillips?

Just name and address of the record, and please limit your comments to three minutes.

I wish I had four. Mayor, Commissioners, my name is Ed Phillips. I currently reside 384 Northwest 19th Street, Pompano Beach. Mayor, when right stands up, wrong has to sit down with a little help from right. Mayor, the upcoming theme for Tiger Trail Festival 2026-27 will be courage, determination, and fortitude. I stand here with a lot of things to say, but I want to say that we would like to take this opportunity to thank this city for the partnership that you have given us and had with us over the years. But I want to take this personal opportunity to thank you for the participation and assistance of Earl Bosworth as he prepares to lead this city into another venture, which I'm sure he'll do excellent and fine work. Mr. Bosworth, as far as I'm concerned, we had a couple of issues going in some years ago, but he turned out to be a great individual who communicated well with the Tiger Trail Festival. Now on to the next couple of things, Mayor. Mayor, I'd like to commend this city in finally getting around to paving some of these roads. I mean, I am just so ecstatic at seeing that, and I do appreciate that. Not only do I appreciate the number of people in this community, even though they don't tell you, they don't say it to you, we appreciate it. Mayor, the next thing is I'd like to take this opportunity to thank you and thank this city, and I want folks to pay attention. for the racial composition of this city. I came in here at a time when there were literally a few African Americans who held positions of worth in this city, and I must tell you that every time I hear folks talk about how racist this city is, I cringe because I think about the staff that at that time, there were no black folks at all. So I need folks to take a look at what is really going on versus what people keep saying. Having said that, Mayor, the next thing is I must say to you emphatically, With the building of the EPAT Larkin Center coming, I am emphatically against, if you should decide to do it, placing that center on the side where the Anna Gillis Park is. My feeling is that it would intrude into residential neighborhoods, it would cause you at some point in time to have to block off roads, which may cause a problem for Blanty Lee when they have activities and events in that area. Mayor. There's a lot of things I need to say and probably would like to say on a lot of issues. As I begin to close and take my seat, let me compliment this city in bringing forth Stacey Boynton and Associates for being the lead architects on the E. Pat Larkin Center. Once again, when folks start saying nothing of concrete is happening in our neighborhood, it is. Pay attention. Everything that goes on is not a bad thing. Now, as I take my seat, I must say this to you. We do need folks to work Work, work on these projects. I don't want to hear, we don't want to hear that you can't find anybody. We got too many people sitting around doing nothing who wants to work. Thank you very much. Thank you, sir.

Appreciate it. Good words. Next speaker.

Hello, good afternoon. I'm Brandy Zabitol. I live within the Pompano Beach Highlands. I am also running for City Commissioner for District 2. And I also wanted to bring it to your attention that on August 30th at 3 o'clock, which is a Sunday if you check your calendars, our community was given letters that said that they were unable to feed the animals. And in my community, seeing as how we're the working class, they can barely afford to pay their bills, let alone feed the wild animals that live within our community. As I grew up in this community, I understand that this has been a long, long, long problem. And I don't think that the problem is that the people are feeding the hungry animals, but more so that the city hasn't stepped in to rectify the situation. I am solution oriented, and I think that it would be fair for for us to consider that the people here are just maintaining a problem that the city has yet to address. So seeing as how they're going to be given citations if they continue feeding the hungry animals, I think it's more that The city of Pompano Beach needs to step in and help trap the animals so that the animals are no longer there. The people who live within our community should not be cited for feeding hungry animals and let alone on a Sunday. So with that being said, I really hope that we're able to be solution oriented and focus on a solution which would be getting the animals And that includes wild coyotes, that includes chickens, that includes rabbits, all of those that live within the Pompano Beach Highlands, and even Cresthaven from time to time. So if we don't get control of it as a city, how do you expect the residents who are unaware of what the rules are that they're playing by? So I think that it's time that we let the residents know what rule book they're playing by before we start citing them, specifically people who have my signs in their front yard on a Sunday. Thank you very much. You guys have a great day.

Missed you guys.

Very good. Next speaker.

Roger Phillips, followed by David Miller, followed by Mike Seversky.

Rob Phillips. 2620 Northwest 10th Street, Palm Beach, Florida. Good afternoon, everyone. I'm here about this event, Exit 36, Substance Abuse, Homelessness, and Mental Health Awareness Day. This is our fifth year where we are. David Miller here is the host for this event. And for the past five years, we've been having this event. to show love and support toward the indigent community of Pompano Beach, Florida. We have to recognize there is a problem here in Pompano whether or not we want to do anything about it or not. Me and a few of my friends have decided that we are going to try to help eliminate some of the homelessness that's going on in Pompano. And just one day, We are going to feed them and have resources for that day. And we're inviting the commissioner to come out and support, be a part of this event. Of course, all the homeless people don't vote, but a lot of them do have voter registration cards. because I make sure the ones that can get a card get a card. So you might have a few voters that you may need to try to come out there and talk to when we have this event. We're going to have a plethora of food, ribs, chicken, mac and cheese, baked beans, hot dogs, apple cobbler, fried chicken, fried fish. We're going to make sure that you be fed that day. Hot dogs, hamburgers, grits, sausage, and all this food is donated. I want to thank the City of Pompano Beach for allowing us and Tran Nugent for allowing us to use that empty lot uh over on third avenue where we can have this event because that empty lot is just sitting there and i want to thank the city of pompano for allowing us to use that that that piece of property just for four hours that day and uh mr miller are you you got anything you would like to say well sure

So on October 3rd, that's a Saturday, I'll be there speaking and we're going to feed you real good is what Rod expressed. I'd like to thank our Our supporters, that's New Life, Alcohol Anonymous, City Church Resource Center, Fellowship, Circle of Brotherhood, Potter's House, and Our Brother's Keeper. A special thanks will go to Ms. Jocelyn and Ms. Sharon Stone and even Sarah Peterson. I appreciate them for acknowledging the work that we do. We have some love out here. Who would have ever thought? But, yeah, this is, like he said, substance abuse, mental illness, and homelessness. That's what this is for. So get some resources and learn about these residents.

Thank you very much. Good. Thank you. Appreciate what you're doing. Thank you so much. Mr. Miller?

Okay, back again. David Miller, 2621 Northwest 13th Street. I just came to speak a little bit about my district a little bit. the District 5 area. So Collier City Learning Library will be opening back after a long wait in October. So that means the reopening, we'll have an event and some Halloween activities. Just the month of October, we look to having some major things happening, including the think tanks by your cultural arts ambassador. I wanted to also say that the McNair Center is in need of a digital billboard. It's just a lot of things can happen, and I think the city of Pompano would benefit if the information was there, not on a crawling letter sign, but an actual digital billboard. same as the one at the Skolnick, same as the one at Mitchelmore. You know, we probably need one too. That's what I would say. For the light outages, people don't know this, but Collier City actually got their streetlights first section in Pompano with streetlights. And guess what that means? First one to have our lights out. So when we have our, I'm just suggesting, when the firefighters have their hurricane relief or whatever, conversations of safety, maybe tell us how to or who to call to get our street lights repaired or back on, because on my street, there's three out. And on that note, I'd like to give a thanks to BSO. For some reason, there's no shortage whatsoever of police on our streets. But another item for Cuyahoga City, You guys are working on something for Dorothy Jones, honoring or recognizing her, something like that. I would like to be a part of that because I have worked with her and know about her center before the Kappas even moved in. So I'd just like to be a part of that. That was my elder friend. And last, I'd like to say that a long time ago, but this year, not too far back, there was a person that came up here goals in the mouth, they're nappier than mine. But very intelligent suggestion. I couldn't believe it. She said, put a construction fence along Westview Community Cemetery. That blew my mind. That was actually a very great idea. I don't know what happened with it or where it's going to go. But I think that we should think of having a construction fence. That shouldn't be too hard to cover that Copens Road for our community cemetery. Yeah, that's all. Thanks, and good seeing you all.

Thank you, Mr. Miller. Just a couple of items. I don't want to get in a debate, but, of course, the Westview Cemetery is private property, and we can't just put a fence up there. Also, if there are streetlights out, please go to our website. You can report streetlights that aren't working on our city website so we can get them taken care of. Or, of course, you can call your commissioner, call the mayor.

Mayor, I had a question.

Commissioner Perkins.

When you mentioned the digital billboard, are you talking about the football field or the information sign? Okay, right. Digital informational sign at McNair. Okay, thank you.

Very good. Mr. Skaworski. Mr. Skaworski, 1630 Southwest Fifth Avenue. One quick comment about the Delvin case last week. Commissioner Smith? You cheated. Where did you find such a good looking lawyer? You actually think the judge was going to go against her? She was super cute. Is she married? Did you see what she looked like? You weren't paying attention, too bad. All right, well, we've had a lot of people get up and comment about the city manager. I want to make a couple comments. I've already stated previously, I think the pay is ridiculous. I think at a specific age, you should retire. And I also think that handing out information on the property values, how much they've gone up, I thought was ridiculous. And last I checked, Pompano wasn't even in the top 100 for property value growth in the last five years. Having said all that, I send the city manager messages and emails. Nobody really knows what the heck I do around here. If there's a problem in the city, he jumps on it immediately. immediately even the one stupid thing in cypress harbor got fixed so i give him credit for that he is on the ball and i'm going to state one other thing that no one knows about you remember when we had that pipe break out west about five six years ago well what no one knows is and this is what's called residents first what no one knows is I was going out there for about six weeks in Commissioner Perkins' district. There's like a creek over there. And they would catch catfish and I would hang out with the guys. I would knock on the doors to make sure the neighbors were doing fine and talking to them, this and that. They were all terrific and they were glad I was coming out there. And one of the days, one of the neighbors that I was talking to said to me, it got me upset. She said, you're the only one that cares about us. You come out here, you knock on the doors, you talk to us. And I said, you mean to tell me nobody from the city has come out and spoken to you whatsoever? And she said to me, yes, we've had one. And I said, well, who was it? She said she didn't know his name. And I said, you don't know who it was? She goes, well, he's a manager. And I said, what'd he look like? And she described him. I said, that's the city manager. I don't forget that stuff. Two people out of 115,000 people cared. That's called residents first. Now, I know when I sit down, somebody might say, well, he's making all this money and Skoworski makes nothing. It doesn't matter. One person up here, she knows how I am. At least he showed up.

Good job. Good job.

Thank you, sir. Good job. Appreciate that.

Do you want to take the last nine seconds? No.

Next speaker.

John Bodnar, followed by Clinton Mueller, followed by Delvin King.

Hi, John Bodnar, 521 North Riverside Drive. I'm here again, wondering when my street's gonna finally get paved.

Well, there is a list. but it's a long list, unfortunately. We're still working on those.

This is three years now. It's three years that they told us that it was going to get paved, and it never got paved. I mean, just pave the street instead of trying to make it something really gorgeous and put sidewalks and everything and palm trees. If you just paved the street, that would be a great improvement. Any kind of paving, it's got to improve it. It's like riding a roller coaster, and it continuously floods. Half of it doesn't flood, the other half does. It's too long already. It's like I said, it's been three years that folks have been telling me you're working on this project. When's it gonna come to an end and when are you gonna do it? I keep telling all the people in my building, oh, they're working on it, they're working on it,

No response to this. Well, it comes down to allocation of resources, sir. If we had unlimited funds, we could fix that street the way it needs to be done. It is on the list. We've been working on this, attempting to get grants from anybody and everybody to help pay for that project. It's a big project to really improve that whole road. But unfortunately, we're not there yet. Well, keep working on it. We are. Thank you. Thank you. Thank you, Mr. Bonner. Next speaker.

Clinton Mueller, followed by Delvin King, followed by Brian Campbell.

Clinton Mueller, 1080 Northeast 28th Avenue, Pompano Beach, Florida. Mr. Mayor, Madam Vice Mayor, Commissioners, welcome back. I sent an email to you guys before you went on recess, during which time I was letting you know that we had actually entered into a partnership with the University of Florida to conduct a lead test of the surrounding community here in Pompano Beach. On August the 1st, we actually had over 30 volunteers I'm out in the blazing hot sun here in South Florida and came out and volunteered their time to go around this community taking over 300 plus samples, consolidating into 81 sites. I'm here today as well to let you know that lead was found in our community, but there is not a reason to panic that it is in the community. I was assured by the university that while the levels are elevated they're not necessitating a call to action but it is a learning experience for all of us and we have to act to prevent it from becoming a situation that gets more expensive by the day Now I'm hoping, I've sent you a follow up obviously to that on Friday, itemizing a couple things and including a request that the professor from University of Florida be put on your agenda for the next meeting, which is the 22nd. He is willing to come down from Gainesville and go through the readings and data that is there. In addition, the local office at the University of Florida here and Davey will also be here to answer questions of what they can do or help with the residents if anyone has any concerns. And there's a great opportunity even beyond that to perhaps collaborate with that university. Beyond that, I also sent you guys as well an email, and we're almost on the anniversary of the FAA workshop that we did last year. During which time, over the last year and a half almost that I've been in here, we have been told continuously that there was nothing that we could do at the airpark. I just sent you an email from two different members of the FAA that shows in totality that that was patently false. There exists a form and a rule that you go through, the 7480 form that has to be filed by the city to the FAA to address altitudes and traffic patterns, that you can get those patterns outside of the residential areas, both east and west, and be able to reach both. And I'll close on one last thing as well, if I may. I also would strenuously recommend adding Citizens to the Air Park Advisory Board with no aviation experience, one on the east and one on the west. So both sides are represented.

Thank you, sir.

Thank you.

Appreciate that. Appreciate your efforts there, Mr. Mueller. Also, Commissioner Vasek.

Mr. Harrison, do we need a motion to have a presentation put on the agenda for September 22nd? Or will you just give us your word that you will allow that time and put it on the agenda?

I'll get with Mr. Mueller and get the gentleman's contact information.

Thank you, but I just want to make sure, aside from getting his contact information, can I have your word that you'll put it on his presentation? He's driving from Gainesville.

If the gentleman is as willing as Mr. Mueller indicates, then there shouldn't be a problem.

Thank you very much.

all right i just wanted to thank mr mueller for all the hard work yes thank you so much we appreciate you and all the volunteers too and the volunteers yes next speaker delvin king um according to the district fire commissioner i don't have an address um they don't know why i live so um i guess i don't need to say an address today so um i got a couple of things i wanted to address Mr. Mayor, or any commissioner that can answer this question, what will be the address of the new city hall? Will the city hall address be whatever it is, Dr. Martin Luther King Boulevard, or will we use some other type of address? Do we know that?

I don't know what the address would be, to be honest with you.

So is it based off of Martin Luther King Boulevard?

Nobody knows that?

Okay. So that's going to be a tough question there. We want to know is the new downtown going to be based off of Atlantic Boulevard, Dixie Highway, or Martin Luther King Boulevard? Since it's in our neighborhood, District 4, it should represent that community and the address should represent Dr. Martin Luther King Boulevard. So I need to know the answer to that question shortly. And I know a lot of people were talking about the move of E. Pat Larkins. I don't think that it should move. I don't think that our history should be removed out of the new downtown project. It should stay right there, connected with the new downtown. Another thing is, because I'm running out of time. This is for Mr. Berman. Now, Mr. Berman, I seen you at the court case and I seen you doing a lot of things. But now I want to know, You said you did not have anything to do with my case, my felony. It's been all over, tapped in this back the other day, my felony case. But you sent an email to Mr. Gutman, which is the state attorney on my case, and you wanted more information on a pending case. felony case. So I want to know who gave, because you only work under directives, who on this commission gave you directives to talk to the state attorney that's on my case? And I want the residents to know and understand that When you're in this political game, you will be attacked by city employees, and they will go after you any way that they can to make sure that you're destroyed. And I know for a fact, you, Darlene Smith, and Mark Berman, and everybody, Barry Moss, all y'all worked together to make sure I was removed off of that building. out of the election but i come to tell you you may you may finish and you might be the commissioner again but just like you ain't do nothing the last two years you're going to continue not to do anything and the next two years we're going to make sure that you're you're removed from that seat but mr mark burman help me understand and i'm not leaving this podium to you help me understand why you emailed the state attorney about my case

Thank you, sir. Appreciate your input. Next speaker.

I'm not leaving the podium until I understand why Mr. Berman text, I mean, why he sent the email about my case.

Mr. King.

What was the purpose?

Mr. King, your time is up at that podium.

This is your first warning. That's right. Mr. Mayor. Please leave the podium. Help me understand. Mr. King, your time is up. This is your second warning, Mr. Mayor.

Please leave the podium. This is your second warning. That's your second warning. Mr. King, please leave the podium. I'm about to give you your last warning.

Your time is up.

That's your third warning. Thank you, sir. Next speaker.

Brian Campbell, followed by Angel Hickens.

Hello, Pastor.

Good afternoon. Brian Anthony Campbell, 390 Northwest 15th Street here in beautiful city of Pompano Beach, Florida. Mayor, Vice Mayor, Commissioners, I stand before you today not to really talk about an item on the agenda, but I want to talk about something that I believe affects every item that comes before this commission. I want to talk to you about a number, and that number is 33. 33, does that sound familiar? A 3-3 vote is not inherently a bad thing. In fact, disagreement is a part of representative government. Six people sitting around this dais are not always going to see an issue the same way. But when 3-3 votes become a recurring pattern, I think residents have a right to ask an important question. Are you simply disagreeing with one another or are you still working with one another? Because when you look at the issues that have produced some of these 3-3 votes, they don't appear to be random. They often involve some of the city's most consequential questions. Major development projects, large financial commitments, how much control the commission should exercise over the administration. Those are legitimate areas for disagreement, but there's a pattern. That's harder to ignore. On certain issues we repeatedly see the same three commissioners on one side and the same three commissioners on the other. And that creates a danger beyond a failed motion. The Bible says a house divided against itself cannot stand. When a commission becomes divided into two predictable sides, the question can quietly shift from what's best for Pompano Beach to which side can get three votes. And those are two very different questions. I don't come before you today asking you to agree with one another all the time. I'm asking you to work harder to understand one another. If three commissioners oppose something, don't simply count the votes in and move on. Ask this question, what would it take for one of those three commissioners to say yes? And if three commissioners support something, ask the same question. What legitimate concern is keeping the other side from joining us? Is this asking too much? Because sometimes the answer isn't that the other side is wrong. Sometimes the answer is that something needs to be changed. So we deserve a commission that knows how to get to four and doesn't just stop at three. So I truly want to encourage you today to allow that 3-3 to be a point of coming together and keeping us apart. Thank you.

Thank you, Pastor. Appreciate that.

Mayor.

Commissioner Perkins.

Thank you. That was very interesting about the 3-3. You know, I've been sitting on this dais a while, and no one came up to this podium where you're standing and said anything when I was one vote. For many years, fighting for my district, fighting for my people, all by myself. And a lot of people sitting up here were voting against things that were actually needed in District 4. No one said a word. But now all of a sudden it's 3-3, there's so much to say about it. The people that are sitting here did not decide on 3-3. I think we're probably the only 3-3 in the county. It wasn't our decision. It just came back to hunt those that put it in place. It just happened to be. So I need you to understand that, because twice sitting on this dais, I've broken that 3-3. With the McNab House, I was popular and loved for one day. I did the same thing before we took the break in August, giving the city manager the authority to run this city hall and make decisions while we were out. So you have to see both sides of it rather than see one side of how it looks. Because like I said, when we're not here with this camera, you should see how we're disrespected and treated at City Hall. And then we come here and you expect us to be laughing and grinning like we get along great. Respect is deserved everywhere. So we're not going to like what everybody say. We're not going to like what everybody do. I tried to do my best to support whatever commissioners wanted in their district. They've never done me like that when I first came on this dais. Everybody was sitting up here, disagreed with everything in District 4 that was needed. I didn't go away, and I didn't stay away, and I'm not going anywhere. So I just ask you to look at the entire picture as you continue to read the Bible and pray for this city and this dais. Thank you.

And I do say, and I don't mean to add on to it, but I do, this speech was actually longer, and I did have to cut it down for time's sake. And I do acknowledge that you all do agree on a lot of issues. But as I said, I know it's the major issues that come up where we often see that 3-3 divide. Yes. And I don't expect anybody, any of you, to agree on everything all the time.

Right.

I just want to encourage you all and challenge you all to work together. Thank you, sir. That's all I'm asking.

Some of us have been doing that, trying anyway.

Thank you.

Thank you, Pastor.

Vice Mayor?

I think we all have a lot of thoughts on this and different levels of frustration. I know that I sit here and I often am a vote on either side. And I do what is right for the people I represent. So we're not sitting here in a public safety crisis right now because I sided with a BSO contract. There's multiple examples like that where I look at We can't do that to the residents of our city. We can't plunge ourselves into a public safety crisis with a 3-3 ungovernable commission. So I would encourage people to look at who's compromising and when, and which people never compromise up here because their views are based on their personal disdain for the people that they sit up here with versus doing their job, which is doing the right thing for the people they represent.

Mayor.

Good. Commissioner Seegerson-Ead.

Yes, I just want to put on the record that I always have voted for what's in the best interest of the community, of the city of Pompano Beach. And I just want to make a couple of reminders. The Learning Center out at Mitchelmore Park, I voted in favor of that. That was a $400,000 project. The track, the additional at Apollo Park and the Ultimate Spark, another million and a half overage because you wanted a track. And you wanted all the bleachers and everything was great. I agree with it. I voted in favor of that. And there are many other things that I have voted in favor of for your district, when in fact, like the Gold Bond, you didn't even support. And I will say that I said at the beginning of my tenure that what is good for the Northwest District is good for the entire city. I've always supported, even though it took away projects from my district. And, I vote on my conscience what I believe is right. Not because I dislike you or Vice Mayor Fournier. That's not the reason. I vote the way I feel is right for the city. I always will and I always have. For the record, thank you.

That's not true at all. Commissioner Fessick.

Good try.

Thank you. Thank you. All right. Back to center, guys. Just wanted to just echo the frustration that many of us feel when it's a 3-3. I think that what most people are forgetting is that for many years it was a 5-1 or a 4-2 in an opposite direction. When we keep hearing stories about this 3-3 and it's meant to be something negative, I want everybody to take a break and pause. Remember how we got to these seats. It was not us who put ourselves in these seats. It was the residents who put us in these seats. So when you are trying to say that somebody who was elected by residents, regardless of where, and is doing what they feel is best for the residents that they serve is not serving well enough just simply because there happens to be a disagreement, you're essentially saying to your neighbors, I don't respect your choice. It is frustrating. You're probably the only board that has got this problem. And I would agree that we do need to find ways to work together. I've been arguing that since the beginning and asking for compromise since the beginning. I would like to say, if anybody's a Taylor Swift fan, there's a song she had. She was, hi, I'm the problem, it's me. I'm the one who created this 3-3, but I think it came from an uprising of people finally having enough of not being heard. And I will tell you that from what I've heard in the past year and a half, two years, people are now paying attention to what's happening in the city, and that is a blessing. We are paying attention to what's happening in our backyards, and we are supporting each other regardless of where the district lines cross. So just keep that in mind. Pastor Campbell, I always love your positivity, and you try to bring kindness to the podium whenever you can. And I want to say thank you. And you also send very nice messages sometimes of positivity ahead and prayers of trying to make things go a little bit more smoothly. And I want to thank you for that because it does take a team of all of us working together. I've also heard, and I'll close with this, I've also heard that we're not getting things done. And you have to remember that sometimes not getting things done is actually the goal by representing the residents we serve. So it's making sure we do things correctly for the residents we serve as opposed to just pushing things along for the sake of pushing things along. That's all. Thank you.

Very good. Next speaker.

Good afternoon, Mayor, Vice Mayor, and Commissioners. My name is Angela Hickens, 201 South Riverside Drive, and I am one of the plaintiffs in the pending inverse condemnation litigation against the city involving the city's leaking outfall pipe infrastructure located on a private property without an easement. We are represented by both Barry Belmouth, a board certified attorney with extensive experience in inverse condemnation litigation, together with McArthur and English. Barry served as lead counsel in the Shaw Farms inverse condemnation case against Broward County, which resulted in a $42 million recovery plus statutory attorney's fees and costs, which has been reported as the largest inverse condemnation recovery in Florida. I mention Barry's experience for one reason. Our position in this litigation and our present settlement proposal have been evaluated with the benefit of highly experienced inverse condemnation counsel. We believe there is a meaningful opportunity right now to resolve this case before both the city and plaintiffs incur considerably more expense in the final trial preparations and trial. We participated in mediation on July 16th. At that time, we made a settlement proposal specifically intended to resolve this matter before depositions began and before substantial additional attorney fees, expert fees, deposition costs, and litigation expenses were incurred. That was specifically a pre-deposition settlement opportunity. We asked the city's outside council to present this to the commission before those additional expenses were incurred. To our knowledge, and after reviewing the commission agenda, the proposal was never presented to the commission. Accordingly, the matter was not resolved during the pre-deposition window, and the depositions and additional litigation proceeded. Substantial additional attorney's fees, expert fees, deposition costs, and other litigation expenses have since been incurred. And significant additional evidence has developed that has materially strengthened our position. That earlier prepredeposition settlement opportunity has therefore passed. This case was scheduled for trial to commence on August 31st, but following the city's request for continuance on August 21st, trial is now scheduled to commence November 2nd. We therefore have a relatively short window in which to determine whether this litigation can be resolved before both sides incur substantial additional expense. of final trial preparation and trial. Our attorneys are submitting a renewed settlement proposal through the city's outside counsel. I'm respectfully asking this commission and the appropriate city officials to take the necessary steps so that our settlement proposal can be presented to the commission for consideration at its September 22nd meeting. I'm not asking to discuss or decide the merits of the litigation today. I'm simply asking that our settlement proposal be brought before you through the appropriate process that the commission has an opportunity to determine whether this matter can be resolved before trial thank you for your consideration thank you mayor mr berman

Obviously, we don't discuss pending litigation in public, but my office is planning to request a shade meeting. There's testing going on. We're not in agreement with, obviously, with all the plaintiffs' position in terms of damages, but we will bring that for the commission as soon as possible when we are ready. We were looking potentially for the first meeting in October.

Okay. Thank you. Thank you. Commissioner Fessick.

I just have a question for Mr. Berman. Because I got an email as well from Mr. Siropoulos earlier this week. Is this in any way, I mean, I think it is. How does our item number 11 impact this? Does it in any way or?

No. Not related as far as I know. Okay.

The address is on there, so that was the only reason I was here. Okay, thank you.

Okay. Mr. Alford, I think that concludes audience to be heard.

Yes, that concludes audience to be heard.

All right, that takes us up to our consent agenda. Can I get a motion approving items 2, 3, 5, 6, and 7?

So moved. Second.

Moved and seconded. All in favor say aye.

Aye.

Opposed? Motion carries unanimous. Thank you. That takes us up to item number one as a resolution.

A resolution of the City Commission of the City of Palmetto Beach, Florida, approving and authorizing the proper city officials to execute a piggyback agreement between the City of Palmetto Beach and Compass USA Group, Inc. to purchase unattended micro-markets and vending machines, providing an effective date. So moved.

Second.

Moved and second for discussion. This item was pulled by Commissioner Fessick. Commissioner?

Thank you. Scott, I just had a couple of questions because I always am looking for opportunities for revenue, one. But do we have a projected annual revenue across all 11 sites for these machines?

Good afternoon, Scott Moore, Parks and Recreation. No, we do not. I don't know. We have some vending machines at some of our facilities now, but we didn't have a contract with them. So this is pure revenue.

Okay, so these will be self-managed by Parks and Rec then?

By the contractor, we'll take care of them and then we get a percentage of the revenue each month.

Okay, what is that rev share? I can go look at it.

We get 10% for the vending machines and 5% for the micro market.

Okay, and are we charging any rent? No. Rent, no, okay. And the beach parking garage is on the list as well?

It's on the list. None of these, we don't have to put them in any of these spots. These are just places that potentially could be spots that we looked at. We also drove around the city with the vendor to see if there's other spots that we wanted to. So we can add or take away depending on how they do or whether we like them or not. So it's pretty flexible.

Okay, and then the last thing is, I know that the Coral Springs, it said that their contract ended November 1st of this year. Did they already approve an extension?

i'm not sure i asked the same question i didn't get an answer yet but um i understand that we can still do ours for this extension okay thank you very much very good this is the public hearing is there any input from the public on this item please come forward just name and address for the record

Vincente, throughout Pompano Beach. Mayor, what type of vending machines are these? Mr. Moore, Scott.

Just regular vending machines. We're looking for the ones at our after school programs and stuff. We want healthy choices, so we can choose what kind of food is in there. So we're not looking for unhealthy choices. We really want healthy options for the kids and our senior center. So we're looking for healthy options.

Okay, and when you say healthy options, not just healthy options, but affordable options for these cities, right?

Correct.

Because you can't be putting machines in our neighborhoods and our communities centers that people can't afford the actual stuff. And while we're talking about it, Mayor, we need a vending machine here in this city commission chain. Understand? Listen, when y'all go on breaks, y'all go back there and have some coffee and donuts, but what about the people out there who've been waiting and laboring?

Mayor? I'll put it on the list.

Thank you for your input.

Okay, yeah, exactly. People need something to drink. Now, Mayor, but all service, whoever this company is, I hope that we're not just helping a vendor piggyback and make a dollar, but we need more partnerships in our community centers. These vendors, we always do this type of stuff, but where is the partnership to our children? Our children incur a cost when they're playing these after-school activities, so I'm hoping that the food is affordable, is healthy, and at the same time, in the future, we need to look at how do we build more partnerships. Thank you.

Good, thank you. Further input from the public?

Hello.

Good afternoon. Lauren McGee-Weiss, 2401 Southeast 7th Drive. I was... A bunch of questions about this, because I just went to the biggest retail conference in commercial real estate in Orlando, and there are some really cool concepts coming out that have the refrigerated type vending machines that do have super healthy options with not all the preservatives that weird, crunchy moms like I cringe over. But with Compass USA, did they talk about what kind of machines they are and if they were refrigerated machines or not when it comes to the food?

I don't, I don't know the answer to that. We didn't, I did not have a conversation with them about that.

Are they going to be operating these machines and maintaining them and filling them? And so it's just going to be basically a lease to compass for them to have the machines on property.

Correct.

Okay. That was my question. Um, there are a couple of really cool companies that are doing the same thing. So I just hope that they reached, was this an RFP?

We're just piggybacking from Coral Springs. Coral Springs has had good success with them. Okay. So we're using them, and we're going to test it out, because right now we have nothing.

So this is only like a temporary test off?

It's until 2028, I believe, it expires. So we've got a couple years. I'll send you a couple of the other ones. Okay, please.

They were just really cool, and I think that they would quell his concerns as well. All right, thank you.

Thank you. Further input from the public? Seeing none, nope. Seeing none, public input closed. Commission discussion. Vice Mayor.

Thank you. I had some of these similar questions. First, if we wanted to get out of this because we found a better option, can we get out of this before the two years are up?

Yes.

Because it's a two-year agreement. And my other question was, is this new or is this replacing something we were doing? And it sounds like the answer is this is kind of a new concept to have.

we have some snack some vending machines at some of our centers but we never had a contract so we're getting no revenue for it whatsoever this is we're going to get revenue and we do have some control over what's in the machines so i think this is a good step that we need to evaluate and see how it works and and if something better comes up we can look out for that in the future but at least we're going to have some kind of food options for our youth and our seniors thank you

Further commission. Commissioner Fessick.

One last question. How quickly do you think that this will be able to be implemented?

I'm not 100% sure. They seem very eager, so I think it's going to be pretty quickly, but I don't know a date.

Okay, great. Thank you. All right. Any further questions? Seeing no, let's go ahead and call the roll.

Commissioner Fezzik? Yes. Commissioner Perkins? Yes. Commissioner Seegerson-Eaton? Yes. Commissioner Smith? Yes. Vice Mayor Poitier? Yes. Mayor Hart?

Yes. Item number four is a resolution. Resolution.

Resolution of the City Commission of the City of Pompano Beach, Florida, amending the City of Pompano Beach State Housing Initiative Partnership Program Local Housing Assistance Plan, LHAP, for fiscal year 2024 through 2027 to include a strategy that addresses the need- the needs of mobile homeowners in compliance with chapter 2026-173 laws of florida directing staff to submit the amended local housing assistance plan for review and approval by the florida housing finance corporation and authorizing the city pompano beach to discharge the terms and conditions of the amended plan providing an effective date So moved. Second.

Moved and second for discussion. This item was pulled by Commissioner Fessick and Vice Mayor. Commissioner Fessick?

Thank you. So I just had a couple of questions because I know that there's a lot less mobile homes, manufactured homes in Pompano. So it says the eligibility was only homes built after 1994, which of course is state and federal rule. But how much, I guess what percentage of folks that you're looking to serve are in this situation that we could assist?

Well, to be honest with you, good afternoon, Alex Goldstein, OHUI. To be honest with you, we're just required to add this strategy to the plan. We're evaluating it now with our Affordable Housing Advisory Committee to see if it's something that we even would like to fund moving forward. This is part of Senate Bill 594, which is effective as of July 1, that's requiring us to add the strategy. To answer your question, I'm not sure how many people we would help. And I know it's been historically difficult because we had tried in the past to apply for another grant that had something to do, it was a price HUD grant for manufactured homes. And it was very difficult to actually get into those types of mobile home parks. The owners of those parks are very difficult to work with. It's very complicated. But in case of an emergency or something like that, we wanted to have this strategy in our plan so we could fund it as necessary in the future.

And then the other thing that I know that we've floated, I believe in some CRA meetings, was related to just the need for affordable housing. And I know that your office is, there's such a hot demand for some affordable housing. Is this something, I think we had floated about potentially changing some rules as a commission to allow for a tiny home community or something along those, that realm. Would this be something also that we would be able to use or find additional grants for or assist to offer more affordable housing in the city?

Yeah, I guess that's up to the commission if whatever they would like to do for that. So yeah, I don't really have an answer for that.

And what is your current need for homes, for housing as

Well, for housing, our current need is primarily low to moderate income households, 0 to 30% AMI, 50 to 80% AMI. We also have a large need for moderate income households that are 80 and above. So we have a lot of our first time home buyers that come through our program that are in that 80% range. With SHIP, we can go all the way up to 140%, but those funds are extremely limited. We see need across the board. All income levels are in need of assistance for affordable housing.

Okay, thank you very much.

Very good.

Vice Mayor.

Thank you. I was able to see the background information, the changes listed in the summary, but it said there was a red line version, and I could not find that.

I had uploaded both. One's a Word document, one's a PDF. So the Word document would be that underlined strikethrough format. Really the only change to the LHAP is this particular strategy. So let me see.

I see the word document also. That's the one that was labeled revisions and I thought would be the strike through. So maybe you can just email it after, but I can't actually see the changes in here and how they got incorporated. So if you could just email it, that would be great.

Is anybody else having that problem? Yeah. Anyone look? Well, I can send it to the entire commission. I'll send you the right one.

Thank you.

Very good. This is a public hearing.

Is there any input?

This is a public hearing. Is there any input from the public? Please come forward. Just give your name and address for the record.

May I? Commissioner, my name is Ed Phillips. I currently reside at 384 Northwest 19th Street, Pompano Beach. You know, I always have an issue or a concern about housing. And I guess the question would be, when you incorporate or should we decide to incorporate this into the strategy, is the funding already there or we'll have to create some...

This would only be funded with ship dollars if we do decide to fund it. This is just a required strategy that every city's LHAP, every county's LHAP, anybody who receives ship funds is required to have this now based off of that Senate Bill 594. So we're just complying with the new law to incorporate this strategy into our plan. And if we need to potentially fund it at a later date, we would look into that with ship funding.

And if you did do it, you would use the current SHIP funds?

Correct, yeah.

And what's the purpose of the SHIP funds for now?

As of right now, we do primarily housing rehabilitation with that, single-family homes, condominiums, things like that. And we also do a first-time homebuyer program with SHIP.

Just for point of information, I think I chaired the first SHIP program that they had here in the city of Pompano. I haven't said that. My concern is... when we started talking about the mobile homes and unformed mobile homes, how hurricanes function. And I think it was pointed that we don't really have a lot of mobile homes, so this would just be like a protocol kind of thing. As long as it doesn't disrupt the SHIP funding, Mayor, I don't see any problem with it. And the reason I say the SHIP funding is we're definitely in need of repairs in this area. senior citizens, et cetera, et cetera. So I'm always concerned about anything. And I'm not adverse to mobile homes. Let me say that. But I'm always concerned about anything that's going to disrupt our current funding sources for anything other than what we're looking at in terms of our areas now. Thank you.

Very good. Thank you. Further input from the public? Please come forward.

Hello, good afternoon. I just had a quick question. As president of the Pompano Beach Highland Civic Association, we've been combating this for quite some time. A lot of people within our community, they are now putting in shipping containers, RVs, and they even promote them online as far as their Airbnbs and things like that. Will this program maybe diminish that? No. So will code enforcement start enforcing the law as far as not having RVs or shipping containers in the backyard?

Not as a result of this.

Okay, so why did we get rid of the mobile park homes on Federal Highway conjoining to North Pompano Park if we were just going to bring them back?

Not what this is about.

The strategy has nothing to do with bringing any mobile home parks back. We're not even funding this at this time. We're just required to include the strategy in our plan per state law.

And when do you see this coming to fruition?

It's been conditionally approved already. Our LHAP with this strategy has been conditionally approved by the Florida Housing Finance Corporation. It needs to be approved at commission to add the language into our plan, but that's where it really stops. We're not changing any of our programs. There is no program for this right now.

Okay, which communities do you think that this will support?

None so far. There's been no allocation of funding. It's just we have to, we have got to list the category as a potential place that we could fund in the future, but currently we don't have any allocation of funding.

So you have no concept of where this will go?

No.

Okay, got it. Thank you.

Very good. Further input from the public?

Hi, Lauren McGee-Weiss again. I have a question much to Brandy's points, actually. So I have a friend of mine that lives in Deerfield, and they were able to get a small prefabbed modular home, but they had to put the concrete slab per hurricane requirements, and they were allowed to put it in their backyard. They live east of Federal in the Cove area of Deerfield. Very similar geological situations in comparison to our city, right? Now, to Brandy's point, because right now I believe that Pompano is one of the only places that you're allowed to park an RV on your property. Many cities don't allow that. But if we were to, to me, this is something that can bring money back into the pockets of every single district. If there was some sort of thing in play that instead of the mobile, and I know that this is just like housekeeping stuff, I get it. But I do want to use this as an opportunity to bring up the optionality of if we were to extend the availability of people to keep RVs on their properties, what if they wanted to put a mother-in-law suite, my friend uses it as her studio and her office, but it's a hurricane safe structure, not going anywhere because it's on foundation. So the building department would still be able to do their thing as well. But if it's going to be used as an Airbnb or a mother-in-law suite or whatever it is, it's just something that I've thought about in the past. This seemed like a good opportunity to bring it up. That would help people that have properties and own them that want to include a little bit more additional income or become multi-generational and have their family move in. So it's to me a win-win, but obviously your choice, so.

Very good, thank you. I believe that Pompano Bar already allows for additional dwelling units with proper permitting, of course. Further input from the public? Please come forward. Name and address for the record.

Good afternoon, Commissioner, Mayor, and City Manager. How are you doing today? Dominic Lewis, District 3. I guess you guys all know where I live. Not necessarily many of you have been in my house. I think you and Mr. Mayor have come to campaigning at my door every couple of years. I do want to say that one thing I'm just noticing as a common thread. is that when these things are coming up and concerns about putting a modular home and we're having to go through permit, even with me, I own an acre of land in Pompano, yet I can't park my boat on my lot. They said it has to be in a front driveway. It can be on the adjacent lot. What I feel as a resident of Pompano, that sometimes we just need to be a little bit more empathetic. So sometimes when people are doing these RV homes, yeah, they can be unsightly, but if they're in their back home, back of the yard, who's it really bothering? So I'm with the young lady that just spoke before, that if it's not a nuisance, if it's not an eyesore, then perhaps we need to take that into consideration instead of putting up all this red tape. Last thing I want to mention on empathy, I just want to say I really don't like the way Mr. King was treated, and it actually saddens me a lot as a resident and also as a leader, because he's also a leader, and I don't know the specifics about his situation, but Ms. Commissioner Smith, I feel as though you've robbed the people of their choice of who they wanted for your district thank you thank you sir and excuse me i'm not done yet mayor please everyone has a chance this is my three minutes i get a chance to talk to you correct on this on this matter so so again going back to the threat of empathy with this matter i think we need to look across the board because there is a common theme i'm seeing and it's causing me as well as other residents to be quite concerned thank you thank you further input from the public

Seeing none, public input closed. Further commission discussion. Commissioner Perkins first, I believe.

Yeah, just one point of clarity. What is your, what is your, are you the director of your department? I'm not. Who's the director of your department?

Miriam Galarza.

Okay. Is she in your office every day?

She works remotely.

She works from home?

But she does come into the office, yes.

All right, thank you.

Mr. Seegerson-Eaton.

Thank you, Mayor. Alex, you and I have worked together many times. I have a mobile home park within my district, and it's some of the poorest, financially burdened people. There are elderly living on a fixed income, and... Without these funds being available to do some emergency fixes like air conditioning, windows, or leaks, you know we have had to go to charitable organizations that your office and you have searched out to be able to help residents from time to time. Doesn't happen every day or even once a month. but from time to time. So I feel the legislature, broaden this, these grants, broaden this field because there's a need for it throughout the state as more people do move into modular because it's affordable, they're only paying land rent, but it's an affordable way for a lot of people to live. And the assistance I think is really, will be helpful. From my experience, it's been great and we won't have to depend on searching for charities if they have the money or other ways to fund it. Thank you, Mayor.

Thank you for the Commission discussion. Vice Mayor.

Thank you. So I agree with Commissioner Seegerson-Eaton on that. And my question, though, is about funding. So we're adding this category, but is there an intent to suggest some funding? Not at this time. and how will you decide if and when fund this? I mean, some of this, like relocation for closure of a mobile home park, you can't necessarily anticipate these things for emergencies.

So we would probably convene a meeting with our Affordable Housing Advisory Committee, get some input from the public, put out, have a public meeting, have some sort of engagement, engage with you all and see if there's a need there to take funds away from very useful housing rehabilitation program or first-time homebuyer program where we do expend all of our dollars we're not having a hard time expending this money we're looking for more money all the time so it would be a decision that would have to be made you know with input from the community and the Commission and the in the committee's yeah I mean we do have some mobile home parks in our you've got one

In our in our city, so it's some it's definitely something we should spend more time talking about though as I agree that we can't There's a limited pool of money and you can't just you can't move that without having Implications or loss to what we have but we should spend some time talking about this.

Thank you for the Commission discussion Seeing none. Let's go ahead and call the roll Commissioner Fezzik.

Yes Commissioner Perkins. Yes Commissioner Seegerson Eaton Yes. Commissioner Smith? Yes. Vice Mayor Fournier? Yes. Mayor Hardin?

Yes. Item eight is a resolution.

A resolution. A resolution of the City Commission of the City of Palmetto Beach, Florida, approving and ratifying the agreements entered into by the City during the City Commission's August hiatus to perform and finish such matters as may have been budgeted and authorized, providing an effective date. So moved. Second.

Moved and second for discussion. This item was pulled by Commissioner Fessick and Vice Mayor Fournier. Commissioner Fessick?

Thank you. So I have a lot of heartburn about this particular agenda item. Simply because to anybody who doesn't click on the little blue link online, 26-518, if you're reviewing this agenda item, you might miss that it's got a lot of things all packed inside it. Things of which are items that I believe a lot of people in the community were would like to be a little bit more involved in. So first off, just kind of to give you an overview, in here it has three, it has six items sort of set in forth. It has some football, the Pompano Cowboys Agreement, the Pompano Eagles Agreement, the Pompano Chiefs Agreement. It's got an FEC lease extension. Then it has a grant for the FAA with the new air traffic control tower grant design. So I don't know how many of you were paying attention back in July, it was a long meeting, but one of the last things that we did on July 29th was raise concerns about certain things that were being done It's not just housekeeping. It was supposed to be something that was previously making it easier for the city manager to just kind of do some housekeeping things. Nothing of major, we were assured, you didn't see anything major coming across this desk. Well, so first off, I think all of these are somewhat major, and you may not think that the football stuff is major. I'd like to point out that there's a lot of people who have come here in regards to music on the fields and some back and forth about letting kids be kids. That's one piece of it. So I feel like the new contract were signed while we were gone without the opportunity to discuss. I did notice that there were some differences and it's the first time we've had contracts. So that's one. The FEC agreement is probably the one that I have least heartburn over because it's a one year deal at a reduced rate. But the third one is related to the air park grant and this has been an ongoing point of contention since last year. So first and foremost, I can't do anything because I was not on the prevailing side of giving Mr. Harrison the authority to do so. So I can't make any change. We have some serious, I can't make any change or ask anybody to, anybody who is on the prevailing side would be able to maybe bring that back. But I'd like to take each one of these items and make a motion to take each one of these items and discuss them and give the residents the opportunity to discuss them and have them broken apart. In previous years, they were separate agenda items, and here they just seem to be lumped in, hoping we would not see them. And I think that is unfair. So I'd like to make a motion to discuss each of these, just take them apart. We can lump the three contracts, the football contracts together, simply because they're roughly the same contract, just in repeat with different vendors. And then talk about the FEC contract and lease extension and the air park, finally.

Commissioner, there's no reason for a motion. I mean, you can discuss everything.

I'd like to, but it's easier when it's segmented. One at a time.

Let's do it. Take each one at a time.

Fine, I'll just go for it. Well, the only reason why is because in order to have audience to be heard, are we going to open that up per...

This is a public... Of course, the public's going to have an opportunity to speak.

I just wanted to make sure. I was trying to keep it organized for everybody so we weren't talking in all different directions. So let's just start with the football. Let's start with football contracts. It came to my attention that there were no formal contracts for a number of years. There was back in, I could find one from 2018, but there were formal contracts for the past couple years. It was kind of like an agreement. Is that true, Mr. Harrison?

I was not aware of what you're referring to. Everything that was done on this agenda item had been previously budgeted and authorized by the city commission. That air traffic control tower had been in that plan for 10 years.

I'm on the football schedule right now.

Well, I'm just telling you that everything you're talking about had been previously authorized and budgeted. So there should be no question.

Okay, could we please talk about the football schedules? Mr. Moore, you might have more information about this, about the contracts.

I'm sorry, the football schedules?

Football contracts, the Pompano Beach Eagles, Pompano Chiefs, and Pompano Cowboys.

So what's the question? Could you repeat the question?

Sure, the question was, this seems to be that there was not a contract that I could find, and maybe it was just for missing it. But the last contract I could find was from 2018, where it was an agenda item. And then while trying to find other contracts, there was a small contract for using vendor services or something like that, or concession. But for the football program itself, there has not been a formal license agreement for a number of years, is that correct?

Good afternoon. Scott Moore, Parks and Recreation. That is correct. We did not have an agreement for a number of years. This past year when I took over as the director, we really looked over the different programs and stuff like that. And I thought it was very important that we did have an agreement moving forward. This did not come to you in July, that's 100% my fault. I tried to get it on the agenda, the last agenda in July, and we were missing some paperwork and some stuff back and forth with the booster clubs. So I missed the deadline to get it on there. And I didn't want to wait until today because our football season has started and I needed to have something signed just to make us feel more comfortable with liability and purposes like that. So my fault it wasn't on in July. And that's ultimately why we did that.

But we did this for years prior without, and I appreciate, I think it's important to have, let me start there. I think it is important to have a license agreement, especially when we are talking about children who are in contact sports and the city and making sure we have liability insurance. I think all of that is a well intentioned and a great idea. My concern is the difference between, so something that has been previously approved by the commission, that doesn't fit this mold for the city manager to just sign off on it. Additionally, it's a structural reorganization of these contracts, and in some cases, the 2018 contract that I did find, it had zero conversation related to music and vendor situations. Basically, it was very wide open, assuming that anybody who was in children's sports, you're going to know that you're gonna have somebody who's going to announce the game. There's probably gonna be music in between things. It's gonna be a festive area. There's probably gonna be a concession sold. There's going to be activity in a park, right? In this particular contract, and at times three, they're pretty much almost exact, there's multiple things that have me a little bit concerned. So I'm gonna pull up the one specifically related to needing prior authorization for sound and needing prior authorization from the city and potentially permits. And so I have questions about how that's going to be applied, not just now, but maybe in the future. because that's a concern that a lot of residents I feel have had and a lot of people here have had that concern. This is where I'd like to hear, I guess, from the folks who I think, I know I talked to a couple on the, I called a couple of the coaches and just said, hey, I'm curious, what was it like before? So I'd like to actually hear from residents related to this and from you how this is going to impact or potentially could impact them being able to operate as usual.

I can tell you in 2018 youth football versus 2026 youth football is night and day difference. This is almost professional football now. And back in 2018, there wasn't thousands of people coming to football games and there is. every bit of thousands of people that are coming up for youth football games now so what they have to do is what we ask them to do is go through the public event process public event application process so they fill out public event applications for their home games and that helps us Get all the city departments on board, fire, police, environmental services, public works, because we're all there at the games to help out with the home games. So it's just something to help us out with getting the coordination together. with all the games, so that's what they're doing. And it says in there the music and everything else. We've met with the booster clubs and staff specifically about music and PA systems and all that stuff, that it's to be kept at a reasonable level. If we have any issues, we've gone out to some of the home games. Each team's had about three home games at this point. We've gone out with any issues, they've turned it down or they, we've all worked. That part of the season's been the best for me so far is the communication's been very good, in my opinion. So I think putting this in place along with the agreements where we're just not out there doing whatever we want. There is some parameters that we're both following. I think it's helped our season out quite a bit.

I appreciate that, and again, I like structure in organizations, so I'm not faulting the idea of a license, but I am concerned because some of the things that I have heard from people in the community was that there was a commissioner running around in a parked vehicle, running around with their phone, and the teams were sort of scared that there was going to be some sort of repercussion, and so people were acting a certain way, and that was their interpretation as told to me, so I'm not saying it was true or false or whatever, that was just something that was spoken to me. I would really like to make sure that, kids are kids, right? And I had four of it. My house was a raging pile of children screaming and whatever else. And so it sort of segues into the air park conversation. So many times we're told that you live near an air park, you should expect that you're gonna hear an airplane. Well, you live near a park, you should expect that you're gonna hear kids playing or neighborhoods. It's a trade-off, right? You get this beautiful open space and you're not built on top of, You also have to be part of the community and recognize that sometimes that comes with events and things that are- And I didn't mean to cut you off, but I 100% agree with you, 100% agree with you.

It's the content of the music and the stuff that goes along with it that I am not going to tolerate, period.

I agree with you. I agree with you. I think that there should be just standards. But the one concern I had was I feel like those standards could have been addressed within the contract and maybe even a decibel level within the contract or as per our ordinances. Then that way, at least, it's not subjective. Because like everybody has said, sometimes when you don't have it in black and white, that's subjective and be interpreted in a bunch of different ways. And so I would just like to maybe see if we could have that conversation separately so that's part one for me again and i would like to hear from anybody if there's anybody here that's affected by this i would like to hear from them before sort of wrapping my head around the rest of it because i haven't had that opportunity um but i would i will say that i have heard from other people in the community that some people have been promised that this is going to end at certain parks and that's kind of like being the grinch that stole christmas for for kids who are actively doing something outside and i i want to celebrate children being actively involved in in team sports so i just want to make sure we protect that because it's so hard to get people involved and and get them active so that's part one um mayor would be okay if i opened this portion up for audience to be heard no so this is why i want to do motions okay cool makes sense all right so then then moving forward i will just go ahead and for the um I'll skip the FEC for now, but I'm going to jump straight into the air park and the FAA grant. So there's a lot in this one. There's a lot in here. And I have been working on air park issues for well over two years now. It's oftentimes relegated to noise when people want to dismiss us. It is not noise. It is about safety and it's about working together as a community. It is not against development. It is actually about working together well. So the first thing is I think there's a couple different motions that I wanted to bring forward so then we can talk about them in sequence. So number one, we don't have a, we've never had a part 150 noise compatibility program. We did a noise contouring program, which was expired in 2020, I believe. And I'm not gonna pretend to be the expert on air park anything. I have studied a lot of it, but I do know that a lot of other of our peers, different air parks, have participated in the FAA recognized framework. And so I would like to make a motion that we take the time, especially if we're going to be working on the air park, that we take the time to do a part 150 noise compatibility study as is recommended by the FAA.

Okay, so you're making a motion that we do a part 150 noise?

Compatibility.

Compatibility study? Okay. So there's a motion on the floor. Is there a second? Motion dies for lack of second.

Okay. I have a lot of concerns related to the fact that Mr. Mueller stood up here and said that lead was found when we were studying. those the soil. And I'm grateful that we are able to have the professor and their team come to study with us and to share with us what they have found. This was at no cost to the city, by the way. So I feel like this is really important for something that we have dealt with for over two years, for so many people to give so much of their time and try to make sure that we can find a way to work together. This is, again, just about safety all around, not one way or the other. stopping anything, it's about working together. And it's about potentially even making the air park even better than it is today. Mr. Mueller brought up something related to, in our email, about the form 7480 traffic pattern requests. Mr. Rocco, could you tell me about that, please?

Steve Rocco, Airport Manager, Mayor, Vice Mayor, Commissioners, good afternoon. 7480 form is a FAA form that we fill out when we do request to the FAA to change certain things at the airport. We can absolutely fill out a 7480 form to raise the traffic pattern altitude at Pompano. Currently it's at 800 feet. I believe Mr. Mueller would like to see it raised to 1,000 feet. reason why our traffic pattern is at 800 feet is because fort lauderdale executive is so close to us their traffic pattern altitude is a thousand feet they want the separation in the event of a potential collision but we can submit if you want to raise the traffic pattern altitude absolutely i remember in in our workshop last year vice mayor had asked about pattern behavior and calm winds and how if we had any control over that and the answer at the meeting was no the fa

is in charge of everything, and they sort of tell us we have to just follow whatever they say.

They will. When we file the 7480 form, they'll come back and either say yes or no. We have to follow their rules and regulations.

Correct, but that was never volunteered to us at the time as being something that, a course of action that we could potentially try to work together and find a way to work together as a community. Is there a reason for that?

Not that I recall.

But you know about that form?

Of course, yes.

Um, And I'd like to move that the city commission directs the city manager to file through the air park or whatever system is necessary, the FAOEAA system, to basically confirm the existing 800-foot traffic pattern altitude, and then maybe request an eastern pattern extension analysis for arrivals and departures to reduce overflights of District 1, so the continuing patterns that we have here, and District 4. They're coming in on both sides in the runway. with staff to return with a filing summary in 60 days.

So you make a motion to what?

Make a motion to have the city manager file that form or instruct staff to file that form to come back to us with one, confirm the existing traffic pattern, and then two, request an eastern pattern and extension analysis for arrivals and departures over both District 1 and 4.

Well, Commissioner, before you do that, could we find out from the aviation expert if the two are linked or something?

We will not get an answer back from the FAA within 60 days.

Just a filing summary within 60 days.

Filing we can do within 60 days. We won't get an answer back within 60 days.

That's okay. We know the FAA can take its time as well.

But, Mr. Rocco, I'm sorry. I'm just trying to get clarification here, Commissioner. The Commissioner was talking about some sort of an elongated traffic pattern or something. Does that have anything to do with Form 74, whatever this form is?

All we're doing is, from what I understand, is we're gonna ask the FAA to raise the traffic pattern to 1,000 feet. It's gonna have no effect on aircraft when they're taking off or landing at Pompano Airport. They still have to transit through the airspace to get to that 1,000 feet.

Right, and the issue is just making sure that they try to get to that 1,000 feet faster. But the second part of that is to request an eastern pattern extension analysis for arrivals and departures. So that was the second piece of that.

So is that some sort of a thing the FAA does, a pattern analysis?

on the form yes they'll do it yes again when we put it into the form they'll look at the pattern they'll look at the altitude they'll look at the direction yes okay so i feel like it's just a great way for us to make sure that we're so the reason why i'm making the motion is simply because this has been a concern of a lot of residents and it shows it shows that we're working together it's a step in the right direction where we're where we're actively saying hey look we're we're going to do things we're going to work together we're going to make sure everything is documented and we're going to find ways to work together, and we're going to do it in a way that is structured through the FAA. It has nothing to do, again, it has everything to do with just making sure we're checking boxes, crossing our Ts, dotting our Is, and doing things appropriately.

Your motion is then to request a higher altitude and also check that box in the same form to ask them to look at elongating the pattern. That's it? It's all part of that same form. That's the motion?

Yes.

Okay, is there a second? Second. So it's been moved and seconded to have Mr. Rocco fill out the form. We're going to ask Mr. Harrison to have Mr. Rocco fill out the form and do those.

We'll hire our professional consultant to prepare the form.

Well, we also have some recommendations that I know that some of the community has also, will probably email to you as well, that they have done some research, and I know Mr. Mueller was one of them, done some research about some of the suggestions for best practices and other airports that have done similar forms.

Okay, well, it's been moved and seconded to have this form done. Let's go ahead. This is a public hearing. Let's open it up to public.

Any public input?

On this particular motion.

Okay, so I'll wait.

Just name an address for the record.

Yeah, Skrverski, 1630 Southwest Fifth Avenue. Mr. Rocco, you said you got to hire a public consultant, correct?

Yes, sir.

How much is that going to cost an hour? That I don't know. How much would you surmise it's going to cost?

I'm guessing it's going to cost us probably $2,500 to fill out that form.

Just to fill out a form? Yes. And then he charges by the hour?

No, no. It's $2,500 in flat fee.

Flat fee. And didn't you just state that? Fort Lauderdale Airport is 1,000 feet and Pompano Beach is 800 feet, and this makes common sense so we have no collision.

Correct.

There you go, wake up.

Further input from the public.

Maryland Demartini, 1110 Northeast 27th Avenue, Pompano Beach, directly under runway 10. I'd like to read a summary of a letter that I sent to Steve Rocco in email this morning. And this study, this form that needs to be filled out shouldn't need to have a consultant. We have an airport director for that. After the last park advisory meeting, I left with more questions than answers. And today I'm asking for those answers on behalf of the residents and taxpayers of Pompano Beach. We keep hearing that the air park operates on enterprise funds, yet now we learn that a $950,000 FAA design grant plus another $250,000 grant from FDOT requires city approval. What exactly are we designing? What will it cost to build? And ultimately, who is going to pay for it? Residents deserve to know before another dollar is committed. But more important is the issue of safety and noise. Aircraft continue to fly directly over our homes, even with runway 10 closed for construction. We have reported large jets using the wrong runway, aircraft performing stalls over residential neighborhoods, repeated touch-and-go operations at unreasonable hours. And you tell us to call the FAA ourselves. No, that's your responsibility. It is yours as air park manager. You should be documenting, reporting, and working directly with the FAA and operators to correct safety and noise issues, and probably filling out forms too. And here is something else we know. That form 7480-1 to request the review of traffic pattern, altitude, or direction has been in your files and in your knowledge, but we kept hearing, there's nothing we can do. Well, apparently there is. So we're asking you, file the form. Let the FAA review the situation to determine if the traffic patterns need to change. Let's use facts, not excuses. And we are also demanding the current Part 150 noise study. That would be funded by the FAA. And we need to know exactly how much noise we are experiencing and need a complete noise contour map that shows every neighborhood and park that's affected, not just the ones that were thrown into the last study that was done. But the bigger question is, where is the air park headed? Why is green space being changed from recreation to transportation, environmentally protected parcels being rezoned? Why is planning and zoning asking for a new business plan to attract the right tenants? These are questions that need to be answered because Pompano Beach Air Park was deeded as a general aviation air park, not a commercial airport. Residents are watching, we're asking questions, and we're not going away. We'll support responsible general aviation. We do not want to become FXE.

Very good, thank you. Next speaker.

Dave Bosser. 1110 Northeast 27th Avenue, directly under runway 10. I've lived in my home in Harbor Village for over 41 years, peacefully enjoying the neighborhood and having the air park as amenity. But in the recent years, since the onslaught of flight schools, There are now six of them, and the air park has become a nuisance and a safety hazard. This is simply too dense of a residential area to have student pilots flying over our homes, even when the air traffic control tower is closed. And no one is taking responsibility for the liability, which we've asked repeatedly, who's responsible if there's a crash? These are LLCs that are just gonna dissolve and run and appear again as another LLC. We get the runaround from Steve Rocco on every question we ask. The FAA has told us in letters 75% of the air traffic comes from flight schools. The air park says 60 to 70% and that we need to suck it up because we have a pilot shortage. Pretty wondering about that, being that there's airlines closing, going bankrupt and so forth. We're concerned for the safety and the loss in our property values as these planes continually are flying over our houses, sometimes 45 seconds between, at decibels between 70 and as high as 90 dB. Imagine trying to sell a home in that area and continually the realtor can't even discuss on the outside what's going on with the client that they may bring in. I'm really frustrated that Steve that runs the air park, it's all about commerce. And I thought parks were for recreation and the enjoyment of the residents, not for capitalism. Steve, I really wish you would consider thinking about the residents over the commerce that's going on at the airport. I'm going to close with that.

Thank you. Next speaker.

Question. Clinton Mueller, 1080 Northeast 28th Avenue, Pompano Beach, Florida. I do have a question for all of you guys, because I noticed it during the recess as well, that while this stuff was getting on, it didn't appear that any of you guys were on copy of the emails while you guys were on legislative recess. Is that correct? So actions were actually being done and no one up there actually had any idea that it was being done, correct? Yes.

I mean, it's as far as what the city manager was doing?

The reason why I'm asking is, so we actually found ourself here at this exact same place last year. And all six of you up there voted unanimously last year to actually halt construction on runway 10 until we completed a safety assessment. And while all of you were on legislative recess, he executed it and he signed it. not telling any of you what the repercussions are for signing these things with the FAA. They come with a host of grant assurances, and those grant assurances include, by the way, complete, free, unrestricted use of the facility, including a ban on basically taxing Avgas, which is the biggest disperser of lead in the community today. Ban both, just by putting his name on it. And not only that, but now, even if we have a dislike over it, we've now extended that grant out 20 years. That grant assurance commitment is 20 years long. That should have came before the committee, that should have been approved by the committee, and you shouldn't have had authority to sign it while they were away. You know it and I know it, and so do you. In addition to that, Part of the assurance is assurance 24, so then I'm going to ask you Mr. Rocco as part of this number 24. The rental structure has to be updated for every single occupier that is there. And modernized to the current market rate. It says right there, number 24. That means American Flyers now pays today's rate when their contract comes due.

We review the contracts every year when they come up. And does American Flyers? No. It's not? Right, they're a sub-tenant of Pompano Aviation.

That's convenient. That's the way it's worked out. That's the way it's worked out. So I still don't understand why we're sitting here a year and a half later, and it took me filing three different FAA petitions, which by the way, just in case any of you guys know, there's actually an active petition that's out there right now on the FAA tower through the OE. that is actually out there. So you're accepting grant money at a time, and you and I sat down in a meeting, and there's a bunch of people here who were present during that meeting, and Kimberly Horn said point blank, the ATC Tower preferred Site 2. You know it and I know it, and you guys decided to go on Site 1 solely for convenience, even though it changes your line of sight and it reduces the visibility off of 624. Okay.

Thank you.

Thank you. This is about safety, Steve. Safety.

Thank you, Mr. Mueller. Thank you. Thank you.

Mayor. Yes, Mr. Berman. Can I just respond briefly? Okay, sure. Not getting into the fray too much, I hope. I sign off on authority of the city to enter into the agreement and the authority of the city to enter into an electronic signature agreement. That's it, I don't sign off as to when it's approved, how it's approved. This came to me as a $950,000 grant that needed to be signed off on by August 28th or the city could lose the grant. Read everything, we met the requirements, I sign off. I don't say who it should be approved by, when, or anything else. That's my part in this, that's what I did. So when someone wants to point at me,

make accusations that i intentionally pulled the wool over the commission's eyes that's not the case i signed my part as to sufficiency thank you mayor thank you very good um further input from the public on this item please come forward this is just on the on the on the motion that commissioner fessick made go ahead come forward sir

How are you doing? Good. Resident Juan Centron, 657 Northwest 14th Court. I'm going to speak on Article, or I'm sorry, I'm nervous, 8, that we are speaking on the contracts.

Right. Yeah, there's been a motion just to direct staff to fill out this form.

I have a question for Scott. If the contracts have been signed.

He's talking about the football.

The football. It was all together, correct? I'm sorry, what? The contracts.

Yes, I believe you want to talk about the Eagles or football. Yes, right.

So we're on a different motion right now. Okay, yeah. My question is for Scott, if the contracts have been signed, and RJ, you said something on Ms. Fizik, sorry. I'm sorry, I'm just- Sure, okay. I'm upsetting, but the contracts have been signed. And Scott, you-

What's the question for Scott?

So, Scott, if the contract's been signed, and Ms. Fedrick said it, we had a commissioner, which I've seen Rhonda, and I'm sorry if I said District 2, come out there. We put a special application in, and it's been approved. Why were we getting shut down, trying to get shut down? I'm not sure, sir. If we're doing everything that we're supposed to be doing, why?

I'm not sure, sir. Mr. Moore can get with you on that. And that's an operation.

I mean, I'm asking, I mean, I want to, I'm addressing everybody because I don't see that from District 4. I don't see it from Perkins. I don't see it from Smith. When football games are going on where a commissioner's riding around trying to shut it down.

Well, commissioners visit all types of facilities all the time. That's immaterial. What district are you in? I'm in District 4. Your district.

A commissioner tries to shut something down there?

Correct. It was three weeks ago.

Oh, okay.

The commissioner tried to shut her down or Parks and Rec staff? Commissioner. I've seen her myself.

Did the commissioner approach you to try and shut something down?

She didn't approach me, but I've seen her approach BSO. BSO then went to the DJ and went to everybody else and tried to say, oh, she wants the park shut down.

That's Commissioner Eden.

Correct. I even brought this off Amazon because there's a sound ordinance, right? There's a sound issue complaining about sound, and it didn't even go over 80-90. So I'm trying to figure out what the real issue is. Okay. If we're doing everything that we're supposed to be doing.

Okay, I got it. And I'd ask you to get with staff to find out what the issue was there. I mean, this is the wrong forum. If staff made a mistake in how they administered the rules, then staff will tell you that, and you can come back here and complain about staff all you want, but I don't know the particulars. We don't know the particulars up here. You were there, staff was there. If you could please get with staff on this particular issue, and they can answer your questions. You know, Scott Moore and BSO, they act out there in the field, and they've got parameters that they look at. I don't know what they were, so please, get with them, and yeah, if you feel that you were wrongly persecuted after you get with staff and find out their reasoning behind it, then by all means, come back and complain. But I mean, right now, I can't answer your question.

No, and I understand you guys spoke on Section 8, which Section 8 was about everything, and then you guys spoke on agreements and everything like that. So this is the reason why I'm now speaking.

I understand. And yes, there are agreements that have been signed for all the football type stuff. And those agreements get administered at the staff level. Now, if you're not happy the way they're administering it, let us know. But I don't know what the particulars were. I can't tell you. No, it's not you.

I'm just saying in general, we're speaking on something about... contracts being signed and special applications permitting and the permits are being approved.

Right. And then we're getting down to the actual very, very granular level of the administration of those contracts at the staff level. We don't do that here. Staff does that. So if you can get with staff and talk with them and find out why there was some problem with BSO and Parks and Rec staff at your game,

there was no there was no issue there there was an issue with a commissioner trying to shut them up sir sir sir there must have been an issue otherwise you wouldn't have had an interaction with bso no bso was telling us because uh okay so so bso bs what did bso tell you to do bso didn't tell us nothing because i if i'm not mistaken did pompano eagles put an application in for a special so if bso didn't tell you to do anything i don't understand what the issue is there is issue if We're still having the same issue since January when we came here and spoke about it, about getting shut down.

Were you shut down?

We're not shut down, but obviously somebody has a hidden agenda.

If you weren't shut down, I don't understand what the problem is.

When there's smoke, there's fire, correct? I'm not trying to argue here, sir, but I mean- When there's smoke, there's fire, correct? When there's smoke, there's fire. That's all I'm saying.

We're not talking about making fire here, sir. I'm sorry, but you came here about some problem with the contract.

We're speaking on Section 8. I've seen that you guys spoke on Section 8, and I'm now addressing it. I read it. I'm not saying that. We're saying, okay, if we were doing everything that's needed and we're putting the special applications in and they're being approved, why is a certain commissioner now throwing her power around?

Sir, if they didn't shut you down, they didn't tell you to do anything different, I don't understand what the issue is here. I mean, anybody can show up at a park and look at stuff.

Come see me. We've talked a number of times. Come see me. We'll talk. And if you're not happy, then you can come back.

It's just like another issue. I mean, we can speak on it. I understand. Every time we talk, nothing gets resolved. It's not like it's always brushed underneath the rug.

It doesn't sound like there was any problem. Everything continued? The ESO just came over and talked to you?

I have no, I have respect for you, you know that. Me and you talk, every time something happens, I come up and speak, and I didn't want to do this. But now it's like, what's going on? Like, honestly, what's going on? We spoke in January, we came up here, Mayor, right? Yeah. Came up here and we spoke. I've seen something on the agenda, Section 8, you guys spoke on it. Now I see, okay, if we're putting a special application in, and we're doing that, and we're following the agreement, why are we being kind of- I didn't understand.

You just indicated that you weren't kind of, whatever that is. So please, get with staff. And if there's an issue with the implementation of the contract, absolutely.

I don't like what Ms. Fizzi said, the point of putting the application in. What's the point?

Like I said, sir, everybody is free to go to a park. Yeah. And they can talk to anybody they want to. I'm sorry, that's just the way it is. But it doesn't sound like you had any problems with the- It is a problem. She's driving around talking about shutting the park down. It is a problem. It doesn't sound like anybody got shut down.

Exactly, and for the record, I don't have the authority to do it.

Commissioner Eaton, I'm going to ask you. So, thank you, sir. Yes, Commissioner Perkins.

I could hear the frustration in the young man's voice, and we love all of our little league programs, and it's about the children. It's about the sport. The commissioners, and I think he was talking about Commissioner Eden, we do not have the authority to shut anything down. Now, I don't know what she said to BSO, but I could hear the frustration in that young man's voice. And that generation, we don't want to run them away and say nothing happened. So I could see the frustration that he's having, and perhaps Scott can work with him and see how we can work through that.

Absolutely, and there was no discussion about closing, shutting something down. We're just trying to follow the agreements as we've written content, volume, and everyone's been wonderful.

Okay. Thank you. Commissioner Seegerson.

Yes, thank you. I know you've worked very hard, Scott. There's a balance, and again, for the record, The authority to shut anything down. Didn't go there to shut it down. I was there at the park observing. So, you know, that's how rumors start. You know, one says something and it's misinterpreted. But no, they weren't shut down. And we do have an agreement. Scott has worked very hard on it. And I want to say that I appreciate it, Scott. And we need, if we enter into agreements, we need to follow them. Thank you.

Very good. Vice Mayor, and then we're going to get back to public input.

Sorry, that's all right. Go ahead. i'm like a time warp right now did we go backwards or forwards i thought we had a motion on the we do okay so is public input still open on that motion yes it is okay so i will wait until you're opening it back to commission discussion on the motion okay on the table very good further input from the public on the motion please come forward just name an address for the record

Hi, my name is Brandy Zabitol. I do a lot of things here, but I am a big advocate for the Pompano Eagles. I wanted to just simply add to what Coach Juan said. There was a commissioner that came out and tried to fear mongrel the residents. We are not going to sit back and let this happen. You cannot come to our parks and say that you're going to shut things down. I was there. I was present. It did happen, so I just have a question for Mr. Moore. Are the five games that are home games for the Pompano Eagles, are they already approved as far as this contractual agreement?

Yes.

Okay, so there will be no authority on which the city commissioners would have the ability to stop the Pompano Eagles from playing music or having any vendors with generators. Is that true, yes or no?

Again, we have no intentions of shutting down any football.

That wasn't the question.

Well, it depends on the content. If the content is inappropriate, I'm going to shut down the content and I'm going to shut down the music. I promise.

I understand.

I will do that.

In addition to that, I wanted to state for the record that the Pompano Eagles do not have a PA system. It was taken out during their renovation and never put back in. The Booster Club actually has to pay $500 each game to have awareness and ability to speak to the entire crowd of people. You're right, the Pompano Eagles are wildly successful and that's not the fault of their own. They're amazing and they have amazing coaches and we deserve a PA system that's operational. If you're concerned about the music, maybe we should start there. Safety is a concern. They need sound support so that they're able to communicate if they're in the event of emergency. This is a major safety concern. that Parks and Rec should address. Thank you.

Very good. Further input on the motion. Motion to direct staff to fill out the FAA form. We've gotten far afield. We've gotten far afield. We're actually taking input on the motion to direct staff to fill out the FAA form. Gary Phillips, 1210 Northeast 27th Avenue.

I mean, it's just now you see what the problem is with cramming five things in to some kind of hiatus. That's just ridiculous. Look, these things are people need to talk about them. What are you doing? What are you, are you trying to sneak things by? I don't get it. One, two, the guy who's yelling about $2,500 for this, we've spent so much of our own money to get airport stuff looked at and time and effort, $2,500 for him? Just come on, just please, Phil, just be quiet.

Sir, sir, sir, sir. Sir, that's, please.

It's still clicking there.

I'm asking for quiet. That's one.

The noise study just failed. I guess I didn't even know. We really need that noise study. And the FAA pays for it. People that are doing the airport stuff, what we're asking for is get the FAA do the noise study. It doesn't take much. They pay for it. Reopen the idea of this tower placement. It can't be where it is now. It has to be moved to the right place. Do the 7018 study, whatever the hell the number was.

Was there anything else on that list? Did I miss anything? This isn't asking for a lot of stuff, is it?

But I'm going to be back soon because I'm still mad about you guys taking 44 acres of a beloved, beautiful scrub oak, turtles. That's it. Thank you.

Thank you, sir. Further input from the public on the motion to direct staff to fill out the FAA form?

That's one of the reasons I don't like to come here and stay that long.

Airfield 384 North was 19th Street on the issue of the air park. Mayor, commissioners, over the years, I've heard so much concern about the air park. And I must tell you that we got a gazillion studies about sound. I don't know why you won't pull some of those studies out. We have a gazillion studies about sound. We really do. I would recommend that you start pulling some of those studies out and give them to folks. If they need to be updated, that's another story. But I would recommend you start pulling some of those studies out because over the years, This city has done a significant number of studies, and the reason I'm concerned and the reason I pay attention is because it was mentioned that those flights do come over the northwest. And I stay in Kendall Lake, and I've seen a lot of those flights, and they're pretty low. But I think, and this is a layman's opinion, I think that if you have a fortnightly air park that has 1,000 feet and you have a popular air park with 800 feet, Listen, if you paid attention to the news these days, there are traffic incidents in the air. And I'm just going to say for me, and again, I'm a layman in this area, it's a no-brainer. Thanks.

Very good. Further input from the public? Seeing none. Seeing none. Any? No second bites of this apple. Seeing none, public input closed. Okay, so we're back on the motion. I believe Vice Mayor.

Thank you. Okay, so, There is a lot to discuss here because a lot came up. I'm going to try to stay focused on the motion here. I understand the frustration people feel about having so many items packed into one agenda item because that's the whiplash I think that's resulting that we're all feeling. There are, several issues with this first i think there's a history here last year during the august hiatus something with the air park came up also and was passed i think it was a grant application also and it's just which is why i made the motion actually to not allow this to happen in august so that we would have to have these items come back before us individually that didn't pass so we sit here today with five or six items in one. I actually want to talk about the FEC on the one that you don't. So with respect to this form, I understand the same altitude as FXE is probably not going to work. So have we done this before would be my question to Mr. Rocco. Have we looked at what an optimal pattern altitude would be for Pompano, have we analyzed the pattern? Have we done this recently?

No, because 50 years it's been 1,000 feet at FXE, 800 at Pompano. Pompano has different traffic than FXE does. Pompano has category B2, B1, B2 traffic, which are the small single engine, light twin engine piston aircraft that you see flying around. At FXE, they have a lot more jet traffic, corporate traffic. That's the reason for the separation. They are four miles from their center of their airfield to the center of our airfield. Airport boundaries are five miles, so we overlap by a mile on each side. That's why our traffic pattern is 800 feet. We've never requested to change it because of the type of traffic that we have at the Pompano Airport.

And I completely understand that. We're a general aviation training airport. FXC has more jet traffic. There's a couple of things related to this. First of all, if you're on approach or departure, a different pattern altitude is not going to materially change your experience. If planes are routinely taking off over your house, it doesn't matter if they're climbing to 800 feet or 1,000 feet because they're over your house at something less than 800 feet. So I'm just worried. If there's something... Actionable we can do I want to do it, but I'm worried that we had our workshop maybe a year ago And we haven't reconvened since and there there are some new ideas It sounds like and maybe there is a noise study that should be done and maybe this forum we discuss and decide it's It's going to cost money to fill out, although this would come out of the Air Park Enterprise Fund. Correct. Remember, that's not coming out of a general fund. So if there are things that we can do, I want to make sure we're spending the money in the best places. So do you have some other ideas? Or is, like, how do you rate this idea? Do you think we will fail at this? Do you think, what would you suggest we do given the issues you know exist?

We're going to submit the 7480 form. My personal professional opinion is we're going to fail because of the safety aspects of FXE and Pompano. But we can try, we can ask and have the FAA review it.

So when you say that you're going to hire a consultant out of the Airpark Enterprise Fund, that consultant will decide, I mean, I looked at the form, it's one page. So you could fill it out, but I assume you're going to hire someone who's going to fill it out in a way that's going to give you the best chance of success.

Correct.

And analyze what to ask for and why.

Correct.

Okay. And that's one issue. So that's the form. The tower itself, this grant, where is the tower location?

It'll be next to the existing control tower.

I have concerns with that location also. So was that Kim Lee Horne's decision? Where did that come from?

No, I have a representative from Kim Lee Horne who prepared the tower siting study to answer any questions you may have regarding that. Tom O'Donnell from Kim Lee Horne, Senior Vice President, they prepared the siting study. They did a very professional job. We received $400,000 from the Florida Department of Transportation to perform this study as a grant. So this was done professionally, they know what they're doing, and he'll be able to explain better as to why we picked the location that we picked.

So have we had that study or what they've decided presented and why that was? I mean, I don't remember seeing that, have we?

I'm sorry, say that again?

Has that been presented publicly like we had the workshop a year ago? Have we gone back to the public and presented that study and told people why they have selected the location that they did?

We're waiting for the study to come back from the FA. We've got verbal approval that they have approved it, but we're waiting for them to sign it to give it back to us. At that point, we'll be able to give the study. The study has already been given out. We've already provided it to Mr. Mueller and the team over there. He's gone through it tooth, comb, and nail. He's had many questions. We've addressed his questions. I don't know what else.

I get the sense that it's time for some kind of follow-up workshop workshop on this topic since we left it rather open-ended at the end of the last workshop and that nothing we do right now today is going to to make a difference so with respect to the form I think if we just write on it a thousand feet where that's going to fail because that's the pattern altitude at executive if if someone has a better idea if you have a consultant that has a better idea of how to modify our pattern then i would be open to doing that i mean can you go higher i mean i doubt you i mean that doesn't work either so um okay thank you for the answers appreciate it

Very good. I've got Commissioner Fessick, then Commissioner Perkins.

Just wanted to be clear that there is a list that will be provided to Mr. Rocco of some suggestions that don't include raising it to 1,000. In fact, one of the recommended things was to leave the height at 800 feet. extend the pattern in both directions. And so there's a couple different ideas or things to talk to a consultant or somebody else or Mr. Rocco or open the door to the conversations rather than just saying we're going to do what we're doing and push forward as opposed to stopping, pausing, getting some feedback, doing the things that are within our rights to sort of moderate the situation. make sure that it's applicable and it works for everybody so this is the whole voluntary sort of program of where we work together for a better out for the best outcome or we're gonna feel like a lot of residents are gonna feel railroaded and feel upset with the city as a whole so I'm always in favor of opening up the conversation If there's a valid reason why we cannot do something, that's fine, but what we will not accept anymore is that's just the way it's always been and that's how we're going to do things because as we've found recently after a lot of time, there is an alternate course of action. We just have to be willing to be able to discuss it openly. And to Vice Mayor's point, no, you know, Providing information to a small group of residents is not the same as having it as an open forum in a commission meeting or in a workshop. We had that workshop and it was at the air park. And while it was helpful and it was a step in the right direction, it was supposed to be the first step in a walk together. And what we found is that it sort of just kind of stopped and puttered out. I'm going to just take a step back and kind of come all the way, go high level again, because I don't want to get too granular. The biggest issue we have is this. I'm going to steal your terminology from, I think, back in last year with the downtown project. It's mashed potatoes on a brownie in this in this item. There's just so many things that don't make any sense being piled together. The contracts, so I'm gonna just, like I said, step back to high level. The contracts for the football teams, they're brand new contracts. We haven't had them before. It's not something that's been approved or budgeted for. It's something we've done, but those contracts are brand new. So that doesn't even belong in the consent agenda. I'm going there. That's why I'm going high level. This whole thing with this form, It's a step in the right direction, and it's just trying to have an olive branch to start working together. Overall, I'm just gonna, just for the sake of brevity, and we have a lot of other things to get to, so for the sake of brevity, I am absolutely livid that the city manager put this on the agenda like this. This is showing a gross disregard for the residents. I think we have a lot more conversations to have. I am not going to support, I know it's free money, there's a way that we could potentially extend, but we're finding ourselves in the same situation that we did last year, And if we say yes and allow him to continue, then basically it sets forth even the citing issue that everybody has concerns with. If we say yes, it sets off a whole other chain of events. It's a domino effect. And we are not going to be able to have the conversation as a whole if we do not make a decision to do it now. Thank you.

Mayor, this is Kervin. Yes, Kervin. Yes, Kervin Alford, city clerk. I wanted, as is clear on the agenda, I am the staff contact, and the purpose for my involvement on this is to ensure that all contracts were accounted for and presented before the board for review. It was not intended to hide anything and I wanted to make clear that this is not the city manager's suggestion or anything. I came and talked with and we talked about how we would go on to make sure that all the contracts that were approved during the hiatus will be brought before the board. So it was not Mr. Harrison, it was actually me that wanted to make sure that nothing gets slipped through the cracks, and that all will be able to see. For the most part, we've done this before in consolidating items. Commissioner Fezzik, this is not in any way to debunk or any way what you're trying to point out, but I wanted to make clear that we've done this before with advisory board appointments and trying to consolidate and make it more concise. I understand your points that you brought up this afternoon, and we'll definitely look to not repeat this again in consolidating. It was all an effort to just make sure that everything was accounted for and everything would be presented before the public and also the commission. That's to conclude my comment statement.

I appreciate that. So, Commissioner Perkins.

I have several questions. Can we vote on the motion before I bring it up?

Yeah, no, that's what we're supposed to be discussing is our motion, yeah.

Okay, I'll bring it up, but it'll be a little bit confusing.

Once we deal with the motion.

It really doesn't have anything to do with the motion.

So I voted for the city manager to perform some of the duties of the city while we were away. I'd like to rescind my motion. I mean, I'd like to rescind my vote. And I want to know, can we separate these two items and vote on them separately? Can we vote on the Little League separate from the new air control tower?

Well, let's unpack this a little bit. Let's look to legal here. Yes, go ahead.

The contracts have already been executed and provided to all, whether it's the Cowboys, Chiefs, Eagles, the FEC, and the air traffic control matter. They've all been signed. You can't change that at this point. They've all been done. My understanding is that The three are that the football contracts needed to be signed before the commission got back because the beginning of the season, the city's protected. The $950,000 grant would have expired, I believe, for the air park tower on August 28th. So I'm assuming that's why the execution proceeded with that. I know for the FEC lease extension, that is set to expire. I know Mr. Saunders in my office had been working on that for more than a year with the FEC, maybe two years with multiple personnel changing over and over the FEC. He finally had a group that was willing to negotiate, that was providing, even though they're a little bit more expensive, providing some more reasonable terms. And this involves, of course, all the areas plus the bus benches that benefit the residents. I think because of the expiration date of the current, and the desire to get this approved before something else changed. I just want to make it clear that The fact that it was about to expire was not because city staff or my staff sat back. It's because of the difficulty in communicating with the FEC. So that's why all of these agreements that were time-based and there was a need were all filled out. And they're now being brought before you to say, here's what we had to do. And I don't know if the why has been explained. That's why I wanted to get into that a little bit, why they were filled out. There was no effort to avoid the city commission's decision here, but these have already been signed. The football players are playing, the FEC is moving forward, and I believe the air traffic, the Department of Transportation, FAA, is moving forward. This has already been agreed to. And again, my portion that I signed off on was a direct communication from the FAA saying we need you to sign off by this date. I confer with Mr. Rocco, that we needed this done by the 28th of August when I had returned from my trip and just to make sure this was done. And then I guess Mr. Harrison signed off to make sure. So unfortunately, respectfully, this is a done situation.

Okay, so this is an example of giving someone the benefit of the doubt because Pastor Campbell was just here saying 3-3. And I broke that tie and gave in to this, and this is what happens at the airport. That's why we have 3-3. So we can't even undo this. But this was something done while the commissioners were away.

And the reason I voted yes, because I just wanted to give the city manager the benefit of the doubt.

This is what happens. And everybody wonder, why is it 3-3? This is why. This is an example of that.

Commissioner, everything that was done here.

Excuse me, you interrupted. Look, I'm talking. Hello?

I'm just trying to explain.

I didn't ask you to. No. You don't want an explanation? No, no, no, no, no, because you interrupted me while I was talking. Don't do that.

Yeah, let the commissioner go.

I will let you know when I'm done and when I'm finished.

You work for me, I don't work for you.

So, a lot of people sitting on this dais, before they sit here on this dais, they have already been told how to vote and the way to vote. And I don't think that's so with the three of us, because I never know how I'm going to vote based on who's in the audience. Entire place is packed with people that want pets or whatever or cats saved. I'm going with the people. But there are those of us that sit up here, they already know how they're going to vote. And they sing this sad song to everybody about how they care for the residents. Nobody's saying anything about that other three. Smith, Hardin, and Eden. Take it however you like. Nobody says anything about that. So the reason I'm making this point is to say this is my third time trying to break the 3-3 tie. That's my point. And this is what happened when I break it. Now you may speak, Mr. City Manager.

Thank you, Commissioner. You're finished? Thank you.

Mr. Harrison? When you say this is what happened... These items that are on number eight had been budgeted and previously authorized by this body. Yes, ma'am, they were. You may not have been here. Some of these may have been before you got elected.

Who are you talking to?

She's over there shaking her head at me.

Who is she? Rhonda?

Commissioner Fessick.

Oh, I'm sorry.

Go ahead. So anyway... There's nothing wrong with what's been done. You're acting like there's been something wrong that was done and there wasn't. You just heard Mr. Berman. I'm telling you, Scott was telling you, Steve Rocco was telling you. I don't know what more we can do with this conversation.

Very good.

Are you done?

Back on the motion. The motion to direct staff to fill out the form to raise the pattern altitude to 1,000 feet and elongate the pattern also, Mr. Rocco?

Yes, he indicates.

Was the motion to hire someone to optimize how we fill out that form?

I'm sorry, pardon me, I didn't.

Sorry, if the motion could be less to instruct him exactly how to fill out the form, but to work with someone to fill it out in an optimal way.

Well, that's something he said that he was going to hire somebody to help him.

I understand, but when the motion becomes very specific, again, that's not our role.

I'll amend the motion to make sure that it's filled out with professional guidance.

I've got a question, though, and I guess it's probably for you, Commissioner Fessick, if you choose to answer it since you made the motion. I'm not clear what purpose would be served by elongating a traffic pattern.

Well, you're the pilot, not me.

Like I said, I don't see any positive purpose behind that. It's not going to help the residents on the ground because it's not going to change the the dynamics, the aerodynamics that pilots use when they take off or land, it merely would penalize the pilots further than they are currently by gas prices and rental prices, because if it elongates the pattern, it's gonna cost a pilot more money to train, which I know that's not a concern of some people, but I'm just looking at it. Those are the only impacts I can see, really no impact for the residents. to help with their visible frustration with the overflights. And in fact, it could actually be a detriment for the residents to elongate the pattern, it seems to me, because that way the tower could pack more airplanes in the pattern, and instead of having what they've got now, they could actually have more traffic. So I'm wondering what the rationale is behind the elongating of the patterns. If you care to explain.

Well, what I actually would, I actually have a question back for you. Are you now a mayor and an airport consultant or air park consultant?

I've never been an air park consultant.

Okay, so I'm just saying, I understand you have your pilot's license, but the motion is to fill out the form and work with the residents and or professionals to do these things the right way so that residents and the air park have a, I'm sorry, it's a little bit noisy over there, so that residents and the air park and the city as a whole, we work together as a unit for the best of everybody, for the air park itself, for the vendors, for the pilots, and for the residents, all as a whole. This is not a he said, she said. This is not a gotcha moment. This is nothing. This is just working together. And as far as, like I said, I have been working with many people, and Mr. Mueller has been one of them, who's done a lot of research. This has been one of the things he's championed. I would like for him to be involved in the professional with Mr. Rocco, and I would like us to have a more open dialogue about it and not have everything sort of done in these little private meetings. I think it's important that we actually talk about these things. And so I'll even step it back a little bit. Commissioner Perkins, you just said when you were talking, you just said you were in a motion to reconsider.

Commissioner Fessick, I had asked a question.

I'm answering your question.

You started talking with Commissioner Perkins.

So she had just said she made a motion to reconsider or rescind her vote. And I have a question for Mr. Berman, actually, because maybe we don't even need to waste.

Commissioner Fessick, I've got the floor, though.

You actually interrupted me while I was speaking to ask me a question. So, yes, you did.

I got the floor after the vice mayor. I'm sorry.

Well, if you would like to have me answer the question, I would like to know the answer. Why should we even go through all of this? If that was something that she said, I'd like to know from Mr. Berman.

Okay. I'll tell you what, Commissioner, here's what I'll do. It's apparent you don't want to answer my question. That's okay. You're under absolutely no obligation to, but I appreciate your honesty there. Now, I'll give you the floor, Commissioner Fessick. Go ahead.

Okay, great. Thanks. So, Mr. Berman, with what Commissioner Perkins said, you made it seem that we're just, again, we have to vote yes, and she can't rescind her vote or reconsider her vote. What are the ramifications of her doing that?

Well, we'd be in violation of contracts that we've agreed to that authority was given to city personnel to enter into these contracts, and they did so, the manager did so, because of the time element and the need to get this done before you return. The only other option would have been to call a special meeting or two in August, bring you all in, and have you vote on these contracts. So that is the procedure that in the 31, now 31 years I've been here, The manager has always been given authority to do, to not have to call the commissioner in during their hiatus. And of course, all brought back before the commission for your knowledge. But by authorizing him to do that, we've contracted, I mean, we can tell the FAA we don't want their 950,000, I guess. I don't know if any of it's been spent for the new tower or the study, but actually it's a design grant. The football teams are already playing. I mean, you can't go back to undue contracts without legal ramifications. And I don't think it's fair to the football teams or would be and that the fairness, of course, is a policy consideration for the commission. But FEC as well, we've got the best deal after almost two years of negotiating, we can get from them and to walk away and tell them never mind. And I don't think there's a legal form. For us to do that, quite frankly, to send them something saying we signed the contract, but we didn't really mean it. I mean, unless there was legal authorization to do it. So at this point, it's really not a possibility to withdraw your vote on this authorization because it was acted upon.

So I have three things to ask then. One, do those contracts that have never been in existence before, that were invented and they had been using the parks and absolutely, but that was never, this is a brand new contract, something brand new. How does that, Mr. Berman, the letter of what was allowed by being previously budgeted and approved. Because I never saw this before, and this is a brand new contract. Nobody else has seen that before. So this is a new concept that technically doesn't, in my opinion, doesn't fall under the previously budgeted and approved.

Well, my understanding is that the form of the contract is the same format that we use for all other similar contracts, so it's not new. It may be new for these organizations, and from what Mr. Moore testified to, they wanted to have some control over the volume and the noise complaints they were getting at these events, and that's how they found a way to have the kids still play and not interfere and have some control to ask them to turn the volume down, and apparently that's what was done. Now, as far as your dissatisfaction with the contract, I'm not aware that these were new. The forms appear to be the same format that we use for all our license agreements or special event agreements. where we license property for others to use for events.

They're similar, but they're different. And that was not what Mr. Moore said. He actually said that it was more about having a structure. And so I agree with the structure, and I agree with making sure that certain music that should not be played in public parks should not be played. I fully agree with that. But this is something that was not, in my opinion, under the purview of the city manager anyway. So there's that. And they've been playing without a contract for seasons. So I don't see what the harm is there of them already playing. If they would like to get or change the contract, this may give them an out to reconsider if we do something and turn that around. Secondly, the FAA comes again with lots of different implications. The grant acceptance, as Mr. Mueller had said before, is a 20-year window, a 20-year domino effect. I did see that project number, there's a copy from an email. It says signatures must be obtained no later than August 28th. And then it says, is it feasible to extend your deadline of this without jeopardizing the grant? There's a backup contact, there's information. Maybe we could ask them if that's possible so that we can actually take the time and do the work. Last year, we were told, nope, gotta do it. This year, I'm a hard no on this. until we get the answers we deserve because we've been working on this for a very long time. And I would like to know, Mr. Harrison, when were you first made aware of the FAA grant filing?

As far as the filing, we would have done that many months ago.

It was actually at the end of June.

As far as the situation with regard to get that information in on like a day, it was in August.

Actually, it was July 30th that you got a reply back. So I'm just saying I have done my homework on this one, and it seems to me that on the 29th and the 28th, when this was on the agenda for us to give you the permission to sign off on all these things while we're gone, for the second year in a row, you were fully aware of what was coming down the pike, likely in August, as it had done the year before. And this was brought up in the meeting. as being a point of contention and a point of concern. And this was something that was a hot point for a lot of residents and has been. And so my concern is, you did know about it. You knew what the timeline looked like. Many people probably did. And yet, when it was executed, by the way, Mr. Mueller had sent an email to me. I was on hiatus, still checking my email. Sent an email to me and copied Mr. Rocco, copied I think Kervin. There's been so many emails. one of the public records requests he had was related to following up about this particular faa grant stuff and i was not copied on the reply through a mistake i'll just say a mistake of mr alfreds but i was not copied on a reply that basically had said in verbatim in that email that the f that mr harrison had signed the faa grant and it would be coming for ratification before the city commission on september 8th So I didn't get that till much later when I followed up. But I was also not given the courtesy of even an email sent, which is not really bothering somebody on vacation, to let me know when it was definitely something that was very important to every resident I serve. And it was a hot point of contention. It was something that was of interest to not just myself, but many, to several other commissioners.

Should we get back to you?