City Commission - Regular Meeting

Mayor Brinson Commissioner Brenna Smith vice mayor George Smith here Commissioner touchstone Here Commissioner every year we have corn Before we begin can you bring the?

Point of personal privilege mayor I

Myself and Vice Mayor removed the partitions because COVID has been over since 2021. Every other area does not have those partitions up, and I think that it's symbolic of division. So for me, I do not need the partition back.

We'll put mine back, please. Thank you.

Watch the court, please.

I don't need a divider next to me. I don't want that next to me.

How is it hurt?

So where's mine?

Where's mine? Okay.

No, I don't need that right here.

This is just an example of the divisiveness that is up on the dais. Even as a symbolism, the mayor wants to be divided from her colleagues. And I think that it's very poignant in telling that she wants to mandate that the dividers be back up. I think that it's important that we as a commission start to stand together and stop the division on days.

So at this time, the meeting is called to order. Can we stand for occasion, please?

Heavenly Father, we first want to thank you for life health insurance. We thank you for the ability to assemble us here together in your presence. We ask now that you help us to both guide and govern this meeting according to your divine will and purpose for this city in Jesus' name we pray. 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.

Again, we like to welcome everyone out to our meeting tonight. We do have some presentations for our agenda. First presentation. suicide prevention excuse me national suicide prevention awareness month and we this one into record and it reads as follows whereas the september is nationally recognized as suicide prevention awareness month More than 45,000 Americans die by suicide each year. In Florida, a person dies by suicide every two hours on an average. Suicides in Florida outnumber homicides. Suicide is a national epidemic causing the lives of 6,000 veterans and is the leading cause of death for first responders. Firearms are the leading method of suicide in Florida and the most lethal method. Access to gun triples the risk of death. And whereas American Academy of Pediatrics, the Children's Hospital Association, and the American Academy of Child Health and Addison Psychiatry have declared a national emergency in child mental health. Suicide is the second leading cause of death for children, adolescents and young adults aged 10 to 20 years old. It is critical to recognize the signs of depression that may lead to thoughts of suicide, including speaking about wanting to die, feelings of isolation or hopelessness, increased use of drugs or alcohol, and severe mood swings. It is critical to recognize that the best method to prevent suicide when a person is in crisis is to ask if a person is thinking about taking their life. Keep them safe and remove their access to lethal means such as poisons, prescription drugs, and firearms, and most importantly, get them professional help. Whereas the League of Women Voters of Burke County has provided significant leadership in suicide prevention through community education and creation of their Lock It Up gun safety program and the Floor Chapter of the American Academy of Pediatrics has provided significant leadership in suicide prevention through community education and programming. Now, therefore, I, Felicia Brunson, Mayor, along with the Council of the Commission, Vice Mayor Joyce Smith, Commissioner Christina Evelard, Brandon Smith, Katrina Touchstone, do hereby proclaim September 2026 as suicide prevention awareness month and support the mission of lock it up and the lead women voters of Broward County Gun Safety Committee and the Florida chapter of the American Academy of Pediatrics by encouraging strong, safe storage of firearms and the removal of other lethal means to prevent suicide. We do have another proclamation to read into record. This one is the National Missing Children's Month. And it says follow. Whereas September 2nd, 2026 aligns with the Florida Statute 683.23 designating the second Monday of September as Florida Missing Children's Day. which is dedicated to raising awareness about missing children in Florida, particularly those missing due to family abduction, while non-family abductions remain rare, comprising of 1% of missing children cases reported to the National Center of Missing Exploited Children. whereas family abductions impact numerous families across the nation, causing significant emotional and psychological trauma to both the child and the left behind family. And September provides crucial opportunity to support national efforts to reduce family abductions, reunite missing children with their families and honor those committed to this cause. Whereas a family abduction occurs when a child is taken wrongly retained or concealed by parent or other family member denying another individual their right to custody or hesitation, even in cases with unclear or absent court orders, and such abductions are often driven by the perpetrator's frustration with the left behind parent, the legal system, or personal circumstances. Enter as West Park is committed to remaining vigilant and informed of the dangers facing children in our community, recognizing that family abduction is a serious crime in all states, not merely a civil matter, and the law enforcement officers should treat these incidents as a severe form of child abuse rather than final offenses. It is essential for law enforcement agencies to have written plans and procedures for promptly addressing family abduction cases. And courts have determined that law enforcement must ensure children are with their lawful custodians and verify the validity of any court order as failure to establish necessary training and policies possess a threat to public society. So now, therefore, I, Felicia Brunson, Mayor, along with the colleagues of the Commission, Vice Mayor Joy Smith, Commissioners Christina Evelard, Brendan Smith, Katrina Touchstone, do here proclaim December 2nd as Florida Missing Children's Day in West Park in collaboration with the National Parents Organization and its affiliate organizations. So we can clap for those two. Thank you. Is there anyone here from feeding? Okay, there. If you can come forward, please. We do also have a proclamation for our neighbor. FEEDING SOUTH FLORIDA, AND IT READS AS FOLLOWED, WHEREAS SINCE 1981, FEEDING SOUTH FLORIDA HAS WORKED TO END HUNGER IN THE CITY OF WEST PARK BY PROVIDING OUR COMMUNITY NEED WITH IMMEDIATE ACCESS TO NICIOUS FOOD, AND WHEREAS HUNGER DOES NOT DISCRIMINATE. IT KNOWS NO RACE, RELIGION, OR AGE. IN SOUTH FLORIDA, APPROXIMATELY 1 MILLION INDIVIDUALS FACE HUNGER. Food should not be an impossible choice for the community of the Sea West Park. And whereas Feedings of Florida leads hunger and poverty advocacy efforts in community while transforming lives through innovative programming and education that provides economic growth and overall well-being. Whereas the Sea of West Park is therefore committed to supporting Feeding South Florida so that together we can achieve a hunger-free South Florida. So therefore, I, Felicia Brunson, Mayor, along with colleagues of the Commission, Vice Mayor Joy Smith, Commissioner Evelard Brunson, Dr. Katrina Touchstone, do hereby proclaim September 20, 2016, as Hunger Action Month and call upon the residents of West Park to join in supporting Feeding South Florida during this month of action. Let's give them a hand.

if you wanted to say something and then we'll take a picture yeah on behalf of eating south florida i want to thank everybody and for the city of west park for acknowledging hunger action month as we all know food is expensive programs have been cut the need is continuing to grow exponentially and supply is diminishing based on a lot of things happening So it is important that the local community embrace it and helps Feeding South Florida do what it needs to do, and that is help the 1.7 million folks in South Florida access to nutritious food. We have an amazing pantry at our warehouse here for people that need food assistance. We have distributions and, like she said, workforce training programs, health and wellness programs, lots of different things. So we really appreciate your acknowledging Hunger Action Month. It's a time to shine a light on this problem that shouldn't be a problem in the United States of America. And I appreciate your support. Thank you.

Thank you. And we have a presentation for you if you can come forward.

Okay, three, two, one. Three, two, one.

Madam Mayor, I want to make a motion to table the next presentation, number four, to the end, the back of the agenda.

We are not changing order of any agenda items. We're moving forward with the next presentation. There is a presentation by the manager. Again, we are not changing the order of the agenda.

Point of order, Mayor. Our charter indicates that the commission can change the order of agenda by majority vote. The vice mayor has molded. It has been seconded.

The next item, please.

I've made motion to table this item.

Your order is removing the agenda as stated.

Okay, Madam Chair. Madam Chair, have you listened to what the motion is?

Madam Chair.

Madam Chair. Mr. Bologna, I move forward until you acknowledge the motion that has been stated in the table. You haven't even listened to what the motion is before you assume that it's going to be a change of order of the agenda.

Not only that, she doesn't have the authority to. to circumvent the government processes of a motion being set on the floor. You cannot ignore a commission that has provided a motion and has been seconded. You cannot circumvent the will and pleasure of the commission. The commission is the authority of the city and we are the ones that set the agenda and can change the agenda of majority vote.

And I am vying officer, and we're moving forward.

Madam Chair, because you're representing officer, it does not give you the authority to say that recognizing a motion. Per parliamentary rules, once I'm on the table, it needs to be recognized. And that's something that you're failing to do. And you're violating the charter and Robert's rule. And Mr. Balagan will not proceed. until when you call the vote and call the roll. That is the proper way how it needs to be done. Mr. Balagan will not proceed for the second time. Madam Mayor, you have the chair.

Again, I am the chair. We are moving forward.

Even though you're the chair. I am the vice mayor. It needs to be recognized. The motion needs to be recognized. You cannot ignore that. You need to acknowledge it.

The motion is for this item to be at the back of the agenda. The table to the back of the agenda.

Mr. Mayor, you will not proceed on this presentation you have. I will not sit here in this meeting.

The mayor not recognizing the order. and the motion that's been on the table. Mayor, if I may, this is just our... You don't care what it is.

To give the transparency... Mr.

Manager, you need to recognize...

This presentation will summarize... It just summarizes... It doesn't...

The defense activities... You need to recognize what you have stated. You will not proceed. No, no, no.

That is a motion that's on the table.

And you need to go ahead and make a roll call. That's what needs to be done appropriately. Madam Chair, not because you're here. You have the authority to decide that.

Let me be clear. Let me clear.

I will not sit here.

This is not a dictatorship. What you all are seeing is a display of what you all did. So we are trying to continue the business of this city.

No, you will not continue because this is a display and you are abusing your authority. And you will not proceed.

Mr. Manager, you will not proceed. This is the reason why you want the dividers to hide so you can cut off people's mics. See what I'm talking about?

So again, residents, I apologize for this display. Move the city forward. We have an agenda for us. There is an item that is and we move forward with this next item. Mr.

Manager will proceed on to when the roll is called. Madam Mayor, call the roll. Madam Mayor, call the roll. That's what needs to be done. Mr. Manager, we're not going to this position tonight. The commission has stated motion to vice mayor. So therefore, it needs to be recognized. The next thing is to call the roll. Meeting will not proceed until the roll is called. Madam Mayor, call the roll.

Excuse me. I need for everyone in the audience, if you could please.

Madam Mayor, call the roll.

I need for everyone in the audience, if you could please.

First of all, this presentation. It's not valid because the case is still open. And you cannot disclose anything until when this case is closed.

Well, Mayor. Mr. Manager, you will not proceed. You will not proceed. You cannot do no summary. You cannot continue because the case is still open.

And furthermore, you need to expect the authority of the commission. The vice mayor made a motion, and quotes that will be given during the presentation. No, you will not continue. No, I will not sit here regarding the case.

I'm sitting during the case. So I'm going to just go through the process and finally present the intent of the... intends to demonstrate the time spent on the case and the cost in the spirit of transparency. And that's what I want to make sure I let you know. Thank you. Thank you. Again, the presentation... Mr.

Manager, just for Madam Mayor, for order, for...

So, BSO, can you please escort them out so we can continue? Can you please escort them out?

Now, Madam Mayor, point of order and also point of information for the public. This, because it's under presentation, we don't have to vote on anything so therefore we do not need a quorum so they can be out and you guys can still hear the actual presentation about what transpired and about the things that went down pertaining to this particular lawsuit so please Let's get volume down if we could. Let's do some housekeeping. Make sure all cell phones are on silent so that we can hear the presentation because you guys deserve the truth. You deserve to know exactly what happened, what took place, and what was the outcome. Thank you.

Ms. Manager, can you please continue?

Yes, as indicated, this is just for information. It's under presentation. This presentation will summarize the defense activities from the beginning of the case to the conclusion of the case. As such, documents and quotes that you will see are from the clerk court's docket regarding the case or proceedings. or information produced during the case. Finally, the presentation is intended to demonstrate the time spent on the case and the cost, again, in the spirit of transparency. Next slide. So the case... The lawsuit requested for emergency motion for temporary injunction. Next slide. On August 28, 2026, 903, Judge Martin Bidwell ruled that an emergency is defined as a matter that results in irreparable harm, death, or resulting manifest injury of immediate relief, immediate relief is not afforded. As a result, the joint that this matter does not satisfy the threshold requiring immediate consideration. August the 28th notice of filing summon declaration was filed by the plaintiff, which is one of the affidavits that was received on the same day, date another affidavit was filed by the plaintiff. On November 17, 2025, the city filed a motion to dismiss the case. The motion explained that the city and court conferred discretion upon the presiding officer. which is plaintiff's burden. As a result, the complaint lacked reference to any authority the plaintiffs request the court for the relief. Next slide. The second item for the motion to dismiss, the motion argued that complaint failed to establish controversy between plaintiff and the city for a grant of declarative relief. This argued that the complaint did not explain why the presiding officer during a meeting referenced lack the discretion. The motion further explained that complaint lacked evidence the meeting referenced was unlawful. As a result, in the absence of the evidence, the meeting held in accordance with the state statute, code, and charter. The third item in the motion to dismiss, the motion argued that the complaint failed to establish the elements of injunctive relief. The complaint improperly seeked leverage from the court to resolve the political dispute. The motion further explained the complaint failed to provide concrete facts showing controversy between the plaintiff and the city. Also, the affidavits that the plaintiff provide all relied upon identified no specific document of the matter. The city's motion to dismiss concluded that the plaintiff failed to cite any authority of facts explaining why the court should intervene. The complaint does not bother to identify the legal rights of issue, the specific facts supporting extraordinary relief, or the matters establishing the individual elements of injunctive relief. The motion asked the courts to dismiss because the complaint is factually deficient. On November the 24th, 2025, a notice of hearing was held and the presiding judge was Honorable Judge Mark Bidwell. On that date, we had the testimonies were filed. On December 10th, 2025, plaintiff filed second emergency motion for injunctive relief. On December 11th, 2025, the city filed response to the complaints to the plaintiff's second motion. In response, the city asked the court to consider its pending motion to dismiss. It also states that rather than advise the court of requirements imposed by the city charter, city code, and the Florida law, its omission has offered a disordered version of the procedures that apply or alternatively has entirely ignored those procedures. On December 11, Judge Bidwell responded to the second emergency motion. Again, stated that an emergency is defined as a matter that will result in irreparable arm death or result in manifested injury if immediately leave is not afforded. Again, the plaintiff's second motion was not considered. On March 3rd, 2026, the city filed amended motion to dismiss. The amended motion raised two additional arguments. Number one, the court is protected by serving, the city is protected by serving immunity from the plaintiff's claim. Number two, that the plaintiff lacked standards to assert claims. The amended motion concluded that the plaintiff's political fight does not give rise to any relief directly against the city, a sovereign municipal corporation, because the complaint is factually deficient. A complaint attorney REQUESTED HEARING FOR MARCH 19, 2026. THE NOTICE OF A HEARING IS ATTACHED. THE NIGHT BEFORE THE HEARING, THE PLAINTIFF'S ATTORNEY SUBMITTED MOTION FOR THE PLAINTIFF TO APPEAR VIRTUALLY TO THE HEARING. JUDGE BIDWELL AGAINST THE PLAINTIFF'S MOTION. AS A RESULT, THE CITY'S COUNCIL COULD NOT CROSS-EXAMINE PLAINTIFF AT THE HEARING. On May the 29th, 2026, the city filed a motion of summary judgment. The motion concluded that the complaint addressed pinpoint political dispute that is not the proper subject of judicial intervention between the city because the city enjoys sovereign immunity and there are plenty of like standings. Mr. Balagon, if you will, Madam Mayor.

Yes. So just, I guess, catch everyone up from this point. You're on now May, well, now going into July. of 2026. Now, this lawsuit was first filed in 2025. Correct. And up until this point, there still was no actual evidence supporting the plaintiff's claim against the city. Correct. I just wanted everybody to be up to speed with where we are from August of 2025 all the way up until July, and it's still going. Well, the case is concluded now, but we'll see the final outcome

Correct. And again, this chronological order of what the docket of the courts. After two attempts by the city scheduled deposition, the cities only scheduled the deposit for July 15, 2020. These are the notices, the deponents that were provided. On July 15, despite very return of service, On debt number two, that position was canceled, not by the city, just so you know.

So, Mr. Bell, I have to, you know, Madam Mayor, just keep putting layman's terms because I want everybody to understand what happened. The lawsuit was filed. There was no evidence reporting the facts that were alleged. Then the plaintiffs, along with those who signed an affidavit under oath, saying that they were corroborating the allegations, had a chance to be deposed or now be interviewed under oath and failed to show up. Continue.

Correct. On July 24, the city filed re-notice taking remote deposition on August 27, 2026. These are, again, the deponent's notices that were issued to the deponent one, two, and three. On August 27, the remote deposition was convened. After the deposition of the first deponent, deponent number one, the plaintiff's attorney indicated that he was unavailable to continue. Therefore, his client could not attend. Clients could not attend the remainder of the deposition. Approximately a couple of hours later, police attorney filed notice of voluntary dismissal without prejudice. And the notice is attached. Judge Bidwell, I believe the very next day, ordered and directed the clerk of court to file. And again, these are the fines. All the items we have on the case that I've shown is directly from the court's docket. And I wanted to transparency showed, again, what the length of the... CASE, THE WORK PREPARED ON IT. THE CASE WAS FILED ON AUGUST 25, 2025, AT APPROXIMATELY 1.38 PM. AND THE CASE WAS DISPOSED ON AUGUST 28, 2026. AND THAT'S THE DATE AND TIME THAT THE JUDGE SIGNED AND DISPOSED OF THE CASE. NEXT SLIDE. Just again, as is always requested, to give you cost of the case to date. Without the final, we do not have the final billing. We've received $12,000. Invoices today is about $7,575. $70,000. $70,575.54. And we still have an outstanding invoice for the month of August. Madam Mayor? Yes. So here we are once again, and one year later, one year later from the time this whole debacle started, and at that time,

the plaintiff did not and could not produce any evidence to substantiate their claims against the city. Not only then, one year ago, but throughout this process, a year later, still no factual evidence has been presented to the court on their behalf to substantiate their claims or allegations. Not only that, It wasn't the judge that disposed of the case. The commissioner's attorney, after one of the commissioners were deposed, ended up saying, you know what? We're going to do away with this. We're going to go ahead and file for dismissal of the case. So here it is. You took the city through this whole witch hunt, this whole fishing expedition. and had nothing as if you had you know a smoking gun in hand or if you had substantial evidence to back up said claims and it cost the city up to date seventy thousand and we haven't even received the billing but remember that's for a year's period from August to August however as you can see we're in September and this is uh just just been uh resolved so Look at the running tab of what it costs just for a fishing expedition of somebody making false claims and false accusations, but having no proof to back it up. And this is exactly what I warned the commissioner of at that time. And I'm on record by saying, hey, if there was something to, you know, suggest that there was public corruption or something to suggest that there was, you know, factual basis to these claims, then I would support looking into it. I'm on record saying so. You can look at the... The February 5th meeting, the May 5th meeting of 2025, you can look and see. I wasn't opposed to if something was wrong, but however, nothing was presented to the commission to warn us. This is just a matter of people trying to get their own way, trying to do their own thing, and thinking they can fool not only this commission, but all the courts. And you see how that played out.

So I want to also go ahead and say something on the record too. I want to thank the city manager for the presentation and more importantly for playing out the facts clearly, thoroughly, and with transparency. There is no question that this has been a difficult chapter in the city of West Park. It has required significant time, attention, and tons of city resources. And I understand that residents may question, have the concerns and even be frustrated about what has occurred. But tonight the facts have been presented and those facts speak for itself. The city has filled our responsibility to address this matter appropriately, responsibly and transparently. And I do not believe it serves this community to continue litigating what has already occurred. Our responsibility right now is to determine where we go from here. And I want to be very clear about that. We cannot change what's happened, but we can choose what's next. And what connects is for us to be concerned about the city of White Park. What comes next if we become concerned and we are worried about all of this foolishness about our neighborhoods. We need to be concerned about our families, be concerned about our businesses, be concerned about the future that we have here together because no individual, no disagreement, no circumstance is bigger than the people. that we were elected to serve. So we may have disagreements and they're going to happen, but we will not see the same, may not agree all the time. Those disagreements should never, ever become greater responsibility to serve, to do what's right for our residents. West Park deserves dignity. West Park deserves professionalism. And most importantly, we deserve to have a purpose. And if there is something that we can take away from this experience, let it be a commitment to transparency, accountability, responsibility, responsible stewardship, good governance, and public trust. And to the residents of West Park, I want you to know this, that city of West Park, we are still going to move forward despite all of this. There is important work besides all of this foolishness. This wasted so much time of stuff that we could have had done. Important work. that it needs to be done within our neighborhoods to strengthen our neighborhoods, to support our businesses, to support our families, to provide opportunities, to provide a future to build on. But we wasted all this time on this foolishness. So this is where our energy belongs. This is where our attention belongs. And that's where my focus is going to be, and I ask for you to pivot your focus. Because we've come too far, we work too hard, and we've accomplished too much to allow this difficult chapter to become the story of our city. This moment here, y'all, and you see this moment not define West Park. But what we do next, It will define us. So again, I want you all to watch the picture story, what's going on in the city of West Park. You deserve better. We're trying to provide that to you. So all I can say is what we do and how we move forward, it defines the history of the city of West Park. And at this time, since we do not have a quorum, the meeting is adjourned. Thank you so much for coming.