City Commission - Regular Meeting

Good evening. I'd like to call our meeting to order. Can we do a roll call, please?

Mayor Branson.

Here.

Vice Mayor Joy Smith. Here. Commissioner Brandon Smith. Here. Commissioner Touchstone. Commissioner Evier.

Here.

We have quorum.

May we all stand for the pledge?

Complication.

Go ahead.

Heavenly Father, thank you first and foremost for our being here. We thank you for the ability to assemble ourselves together. Once again, in your presence, God, we ask that you would help us to guide and govern this meeting according to your divine will and purpose for this city. In Jesus' name we pray. Amen. Amen.

Can we do the Pledge of Allegiance?

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.

We like to thank everyone for coming out to our meeting tonight. At this time. At this time we do have some presentations and the first one will be our hurricane preparedness.

from the National Weather Service, Antonio Reynos.

Thank you.

Thank you.

Okay, can you guys hear me?

Yes. Good.

Is it going? Yes. Go back, go back, okay.

Hey, good evening, everyone. My name is Anthony Reynes. I'm a senior forecaster with the National Weather Service in Miami. I've been about 25 years serving the nation with the Weather Service. Started my career in San Juan, Puerto Rico. I had less white hair back then when I first started my career. And then from there, I moved to El Paso, Texas, stayed there for a while, then moved to Honolulu, Hawaii, spent there like about seven years, then back to Florida in Tampa, and then finally here in Miami. And if you throw a line of all those places that I worked on, you've probably noticed that I didn't go much more northern than the 25th North. Because I'm kind of like a tropical creature. I love tropical weather. And I do not pan whale with either cold or snow. So Miami is kind of like, it's a perfect fit for me. But also in all those places, except for El Paso, all those places have something common, which is that you need to take into account that hurricanes can come at any moment and disrupt your everyday life. And that's why we like to do these talks, to spread the word, but also not only for preparedness, but to bring some kind of awareness to the nature of these phenomena, how they form, and why it's so important that we always need to take them seriously. Now, before we go into the details of hurricanes and this hurricane season, I was asked if I could say a couple of words about the ongoing heat wave that we had in South Florida. I don't know how many of you were looking at the climatology and the temperatures for yesterday, but we actually hit 100 degrees in Miami. And that didn't happen since the late 1800s. It's been over 100 years since the last time we saw the actual temperature in Miami hitting 100 degrees. So it is pretty out there. So weather service, the main mission of the weather service is to have awareness and to educate people regarding all kinds of weather hazards. We're the ones that issue all the advisories and warnings. Everything you see on TV and you hear on radio, the original source of those warnings is my office, the weather service office. So I emphasize that because it's one of the key components to being well informed is to make sure that your source of information is a legitimate one. So especially if you're on social media, you have to be on the lookout because there's a lot of information out there that is not necessarily official and you need the best information you can have in order to make decisions for you and your family. When we talk about weather hazards, THERE'S A WHOLE VARIETY THAT I CAN THINK OF, BUT HERE IN SOUTH FLORIDA, WE HAVE SOME SPECIFIC WEATHER HAZARDS. WE HAVE A LOT OF THUNDERSTORMS, OF COURSE WE HAVE HURRICANES, AND BASICALLY THESE FIVE THAT YOU SEE ON THE SCREEN, THIS IS LIKE WHAT I LIKE TO CALL THE BREAD AND BUTTER OF WEATHER THAT WE HAVE TO DEAL WITH HERE IN SOUTH FLORIDA. WITH THUNDERSTORMS, WITH THE SEVERE THUNDERSTORMS, WE HAVE damaging winds. We can have large hail. We also can have tornadoes. Those are not as common as the people in the central plains that you experience every year, but we do have occasionally small outbreaks of tornadoes. I'm going to show you one later on in the presentation. We don't have the same kind of flash flooding that we see in the mainland, but we do have instances where extremely high rates of rainfall actually produce localized flooding here in South Florida, especially urban areas with saltwater concrete. Re-flooding is not something that we have to worry too much here because our rivers are not that deep. And of course, when winter comes, OR WHAT WE CALL THE WINTER WEATHER HERE IN SOUTH FLORIDA. WE ALSO ARE THE ONES KEEPING A VERY CLOSE EYE ON THOSE WEATHER HAZARDS. SO IN THE CURRENT HEAT WAVE, WELL, RIGHT NOW, WE ACTUALLY ARE ISSUING TWO PRODUCTS THAT ARE NOT VERY COMMON. ONE IS THE HEAT ADVISORY AND THE OTHER ONE IS THE EXTREME HEAT WARNING. TODAY AND YESTERDAY, for the first time in more than a decade that we actually issued extreme heat warning. When we talk about a heat advisory, we typically talk about conditions where the temperature is being dangerous, but it's not reaching warning criteria. So under a heat advisory, you should reschedule outdoor activities, especially if you have children. WATCH OUT FOR YOUR PETS AND ELDERLIES BECAUSE HEAT OF HEALTH-RELATED CONDITIONS CAN BE EXACERBATED IF YOU'RE WORKING OUTSIDE AND YOU DON'T HAVE ENOUGH FUNCTION OR YOU DON'T STAY HYDRATED. AN EXTREME HEAT WARNING LIKE THE ONE WE HAD TO THE END It's basically that if you are outside on the direct sunlight and you stay like that for an extended period of time, you can actually have either heat-related symptoms or you have a full heat stroke. So you have to take action on both instances. What do we mean by a heat icer? In some definition, A heat advisory is issued every time we see that the heat index, which is the technical term apparent temperatures, when the heat index reaches between 105 and 190 degrees. And we believe that these numbers are going to hold for at least two consecutive hours.

The extreme heat warning

WE ARE EXPECTING THE HEAT TO BE AT 100 OR HIGHER. YESTERDAY AND TODAY WE ACTUALLY STARTED HEATING THE SEAS IN BROWARD AND MIAMI-DADE COUNTY CLOSER TO 114 DEGREES. What exactly is causing these numbers to be that high? Well, with what we call a heat dome. It's basically strong high pressure at the surface. And as you can see in this map, basically the half eastern portion of the entire nation is under this heat dome. So we're talking about surface temperatures that are always going to be between 95 or even 100, like we saw here. THOSE VERY HIGH HEAT INDICES. THIS IS ALSO AMPLIFIED BECAUSE ESPECIALLY IN FLORIDA WE ARE SURROUNDED BY OCEAN WATERS THAT AT THIS TIME OF THE YEAR REMAIN WARM. And also, this dust from the Sahara is not helping. So the Saharan dust comes and basically kills most of the rainfall activity. Now, the dust is starting to move away. And on my way, driving on my way here this afternoon, I actually saw that there were some thunderstorms to our west. So those are good news. It looks like we have a little bit of a relief from those temperatures in the next couple of days. Always on the lookout for these symptoms. If you start feeling dizzy, if you're extremely thirsty, if you feel nausea and you feel all of a sudden you're starting to feel weak, you may be experiencing heat exhaustion. So move to a cooler area. Try not to wear clothing that is too tight or too warm. Seek medical attention if those symptoms don't improve. after you move to a more cooler area. A heat stroke, actually, That is something that you may need to call 911, especially if you're a person that you have other complications. If you have confusion, dizziness, if you are becoming unconscious, you might be undergoing a heat stroke. It can cause death or permanent disability if it's not treated right away. So we need to take this very seriously. So I think that's all for today. Let's then jump into the subject we came here for, which is let's talk about hurricanes in South Florida. Well, basically, if you look at this map, which shows you the tracks of centers of tropical-born Americans that have passed through the air 65 miles from Miami since 1865, you can see that it's pretty busy. So we can assume that at some point, our area is going to actually have to respond to the threat of one of these systems. And how do we track the possibility? How do we know what year we need to pay specific attention to this hurricane? If we look back at the 2020 season, which was last year, we had what we can call an average, very close to average hurricane season. If you compare, for example, 2005 when Hurricane Katrina hit New Orleans, on that hurricane season, we had almost 28 main systems. That is a very above average, very at hurricane season. 2025 was not that active, but also something that I wanted to show you here to pay attention if we compare 2024 with the previous season. So when you look at the map of 2024, not only there were significantly more hurricanes and tropical storms compared to last year, but also Take a look at the area of the Gulf and Florida. Next one. So not only on 2025, we're starting to see a trend towards having less hurricanes, but also the area of the Gulf, Florida, and the Western Atlantic barely had any kind of tropical cycle activity. Next one. And one of the reasons is the phenomenon that we call El Nino. El Nino is the conditions of the ocean waters in the Pacific Ocean that we keep a close eye every year. And it's one of the most important indicators that we use to kind of know how active or inactive a hurricane season can be. We compare this year, 2026, with 2024, for example, Basically, what you see here, those blue bars, the blue bars mean that we are having the opposite of El Nino, which is called La Nina.

I'm sorry. We can't see up here.

I'm sorry. No, no, it's okay. It's hard for you to visualize.

Yeah, because we see behind us, but we can't see it here. If you give us one second. Sure. But this one is out. OK. Go ahead. We'll adjust.

OK. So basically what I was saying, If you look at the blue bars, the blue bars represent what we call La Nina, which is the opposite of Nino. That's what was happening in 2024. And compared to 2026, which is the red bars, so you can see that we are basically experiencing a full-blown event of El Nino. What exactly do I mean by that? So every time we have an El Nino event, it means that not in the Atlantic, but in the Pacific Ocean, we start seeing above normal pictures. In other words, that the surface of waters are becoming warmer and warmer. If you look at this latest map, the entire region around the face, as you can see, all those oranges, those reds and deep reds, all the area that goes well past Hawaiian Islands and the Pacific coast, all that area is experiencing warmer than normal temperatures in the surface of the ocean. What does that mean for us? Basically, what that means is that we are reversed on the trainings. Now we have fewer hurricanes over the Atlantic, and that's because one key ingredient for hurricane formation is the hurricanes like to have weak winds in the upper levels of the atmosphere. The opposite happens in the Pacific. Now the Pacific is going to have more hurricane normal. And if not any of you have been paying attention to the news lately, you probably saw that the Hawaiian Islands just had one truck, one hurricane. It was called Lala. That was basically this past weekend. I'm going to have a second visit of a hurricane this coming weekend. So that's two hurricanes in basically one week. That is extremely rare for Hawaii. Sometimes the people there blame me. They say that after I visited and lived in Hawaii, I brought the hurricanes with me. So that's basically the best signs that we can see. basically materializing during the hurricane season. What do I mean by strong vertical wind shear? So the best way that I can describe this phenomena is imagine you're driving your car and you're going straight on the road and your car is driving at 50 miles an hour. Then you have an airplane which is flying about 30,000 feet above you and go in the same direction, but the plane is going 200 miles an hour. The difference between the much faster winds at 30,000 feet versus the surface, which are going to 50, that difference is what we call wind shear. The stronger the upper level winds are, the more difficult it is for hurricanes to form.

very much as you go from the surface of the water up into the atmosphere hurricanes don't like strong wind shear it disrupts the thunderstorms in this hurricane circulation and could eventually even lead to the hurricane dissipating two or three orders of magnitude of difference in the wind

then those upper-level winds, they start destroying the circulation entirely of a hurricane. In this case, Hurricane Fred in 2009 was completely destroyed by wind shear, and we have seen this phenomenon go this year so far. So the good news is the El Nino should continue strong this year. It means less tropical storm and hurricane formation in Atlantic, more wind shear in our area, stronger trades. The water temperatures currently remain above normal. Those are the good news. Now here's the bad news. The bad news is that this is 1992. THE PREVIOUS YEAR THAT WE HAD A VERY STRONG EL NINO, ONLY SIX HURRICANES FORMED THE WHOLE YEAR. ONLY SIX OF THOSE WERE NAMED. AND THAT IS THE RECORD LOW OF THE CENTURY. BUT IF YOU LOOK AT THE VERY FIRST STORM THAT FORMED, STARTS WITH A NAME.

ANDREW.

THAT WAS HURRICANE ANDREW. AND WE ALL KNOW WHAT HAPPENED HERE IN SOUTH FLORIDA WITH HURRICANE ANDREW. SO THOSE ARE THE BAD NEWS. So in other words, even in a very below average season like 1992, we still cannot completely ASSUME THAT WE ARE NOT GOING TO HAVE A HURRICANE HERE IN SOUTH FLORIDA. OUR MESSAGE IS WE ALWAYS HAVE TO PREPARE THE SAME WAY, REGARDLESS OF THE AMOUNT OF STORMS AND HURRICANES THAT WE ARE FORECASTING. I WANT TO EMPHASIZE THAT BECAUSE, ESPECIALLY IN THE MEDIA, WHEN YOU HEAR THE EXPERTS TALKING ABOUT, THEY ARE EMPHASIZING THE LOW NUMBERS. THEY KEEP EMPHASIZING THAT. I JUST SHOWED YOU. WHAT THAT MEANS, BUT ALSO SHOW YOU WHY IT'S SOMETHING THAT SHOULDN'T PLAY A ROLE WHEN YOU'RE DOING YOUR PLANS, YOUR READINESS, YOUR CONTINGENCY PLAN IN CASE ONE OF THESE HURRICANE SITES TO VISIT SOUTH FLORIDA THIS YEAR. SO WHAT ARE WE EXPECTING? For the 2026 Atlantic hurricane season, this is the update from August on 6. And if you look at the pie chart, the season probability, it stands at 75% that we are most likely going to have a below average season. So we are talking about seven to 13 named storms, which is a fairly low number. Two to six hurricanes and major hurricanes, zero to two. But again, as I emphasized earlier, these are just projections. This is mostly for kind of like the agencies that respond to emergencies today and adjust their plans. But for the public, for the rest of us, these numbers are statistics. And we still have to prepare. You have to also assume that you have to prepare for one storm every year, regardless of what the hurricane season outlook tells us. Where are we standing now? Well, we are now in the middle of August. And if you look at this, the graphic of the past from 1934 to 2020, it's very clear that it's around late August to September. That's when we have the peak of the hurricane season. And then some of you may be wondering if you're heading for the hurricane season, there's basically nothing there in the Atlantic. Now you know why. Because of the effects of El Nino plus the Saharan dust, conditions remain unfavorable for hurricanes to form. But it doesn't take much for these conditions to actually flip, switch, and then allow for a window of opportunity for hurricanes to force like was the case of Andrew in 1992. The specific window we're looking at is right now, middle of August, all the way to the end of October. So now is what I can say. Now is the best of times. If you haven't looked into this, make sure that you look at your preparedness plan. Make sure you know what to get and you know what to do during a hurricane. Don't wait until we issue either a hurricane warning to figure out, OK, what do I need next? Always think not only about your safety, but also think about your family. And one thing that we've been extremely interested in the past, specifically the past 10, 15 years, it's something that is called rapid intensification. Why is this important? Well, you look at this graphic. All that bunch of farms and hurricanes that you see there, they share something in common. They're all major hurricanes, category five. And a category five hurricane, as we know, is the most strongest in the Saffir-Simpsonville. All the storms that you see on your screen, all those hurricanes, at their peak, they had either 150 mile an hour sustained winds or higher. You have this here to your left. And you can see that that is quite a group. That's quite a substantial number of category 5s that had made landfall over the United States. You can see three of them belong to Florida. The one thing that they have in common is all these hurricanes We started as very weak systems, but then in a window of 48 to 72 hours, they became major hurricanes. And this is what we call rapid intonation.

Why is this important?

Well, because the faster a hurricane can gain strength, that means the less you have not only to bear, but to react to the possibility of one of these systems hitting us here in Florida. This actually happened in Acapulco in 2023. with a hurricane named Otis. So in this picture, you can see Otis started as a tropical depression, very disorganized, very weak. At this point, it had about 35 mile an hour sustained winds. That is something that not even airplanes at the airport will stop landing or take off because 35 mile an hour, we can see that from any thunderstorm here in Florida at any time. But the point is that Otis wasn't even named on October 22nd at 11 a.m. 48 hours later, just two days later, this is how Otis looked like. a monster category five hurricane with a huge eye, very well defined, with 180 miles an hour sustained winds. And this was at 11 PM of hour 24, just 48 hours from a weak tropical depression to one of the strongest hurricanes ever recorded in history. Now, my question for you is, If you look at the news, and we tell you today, Wednesday, that there's a tropical system that looks like Otis did on October 22nd, and then I tell you that we're expecting this system to hit Broward County sometime on Friday night, which is 48 hours from now. How are you going to prepare? What's going to be your mind frame in terms of how serious you need to take this situation? Well, if you look at the image from the left, and then you assume that everything is going to be fine because my house is strong enough. We just close the windows. We hunker down. I'm in the beach. I'm in the beach house. So let's look through the window and enjoy the waves getting bigger. No big deal. And then you turn off all your, turn off your television, your radio, and you don't hear anything else. I wonder then what would you do if Friday morning you turn on your TV and you see the image on the right. And now there's a monster category five hurricane that it's going to be basically knocking on your door and now you only have a few hours to react and prepare. So that's why it's so important to always remain informed. And we can never lower our guard, especially if you hear that a hurricane is forming very close to Florida. And with that in mind, I'm going to do a little exercise here with you. The Saffir-Simpson hurricane scale describes how strong and also gives us an idea of how destructive hurricanes can be depending on their intensity. So the Saffir-Simpson scale defines this intensity going from number one to number five. Number one is a category one hurricane which means about 74 to 95 miles an hour. Then it goes two, three, four all the way to category five which are hurricanes with 157 miles an hour or higher. Then of course we know that the damage is significantly higher the more intense hurricanes are. However, I'm going to do a little exercise here, and if anybody by any chance knows the answer, just don't say it right away. Let's see. Let's do this exercise. So if we say that a Category 1 hurricane has a defined level of destructiveness, of how destructive a hurricane Category 1 can be, how much damage it can inflict, If we compare it for example with a category 2 would you say that a category 2 hurricane is twice as destructive as a category 1 and so forth going up the scale would you say then the category 5 hurricane would be five times as destructive as a category 1? Give you five seconds to think about that. Anybody wants to take a shot? How destructive is our category five compared to our category one?

If you, yeah, five times destructive.

Yeah. Five times destructive? Yes. Anybody wants to take a shot? Okay, we have five and we have 15. Okay, there you go. First, a category two hurricane. A category two hurricane is actually 10 times as destructive as category one.

A category three is 50 times stronger as category one.

You guys are seeing where I'm going with this, right? A category four is 250 times as destructive as a category one. And the big prize, category five is 500 times as destructive as a category one. Now you can see why took my time to be aware of rapid intensification. And that's because hurricanes that undergo this process, they can really quickly go from almost nothing to a catastrophic event. If you only have 48 hours to react, you need to have a plan. And you need to know exactly what you're going to do. If you need to evacuate, you need to know exactly how you're going to execute that. Always think not only about your safety, but the loved ones that are going to depend on your decisions. Major hurricanes are kind of rare. They only account for about 20% of all the hurricane landfalls in the United States. But it's one of those that we call it a low probability event, but it has the highest of the consequences. They account for over 80% of all the total damage that hurricanes do in the United States. It comes from those major hurricanes hitting Atlanta. So what are... the main hazards come with hurricanes. Hurricanes are what we call the whole package. It's what we call a multi-hazard impact event. They bring the storms, they bring the localized flooding, they also bring the storm surge, and they also can bring tornadoes. These are the less known effects of hurricanes, but we actually had A TORNADO OUTBREAK IN SOUTH FLORIDA DURING HURRICANE MILTON. I WILL SHOW YOU THAT SEQUENCE IN COMING SLIDES. SO STORM SEARCH. WHY IS IT IMPORTANT TO UNDERSTAND STORM SEARCH? WELL, I WOULD SAY THAT THE MOST FAMOUS, THE MOST EMPHASIZED CONSEQUENCE OF A HURRICANE IS ALWAYS THE WINDS. We always hear in the news, it's category three, it's category four, and they keep either increasing with the ones, it makes the news. But historically, the most lethal and destructive part of a hurricane is the storm surge. It's that warm water that comes with the center, with the eye of the storm. It's a rise of water that accompanies that eye. The bigger the eye, the stronger the eye, the bigger is going to be your storm surge. It depends on storm size and density. The forward speed and the angle of approach is also important, but also the shape, the geography that lies underneath the shores. Florida is not... THAT VULNERABLE AS OTHER AREAS, BUT IF IT'S A VERY STRONG, VERY BIG HURRICANE, LIKE THE ONE FROM 1926, HERE IN BROWARD COUNTY, YOU PROBABLY CAN HAVE EASILY A QUARTER, HALF A MILE OF OCEAN WATER JUST COMING, BARRELING THROUGH THE COASTAL AREAS. IT IS STORM SEARCH THAT IN TERMS OF FATALITIES RELATED TO WATER, STORM SEARCH HAS THE 50% OF ALL FATALITIES HERE IN FLORIDA FROM IN A 10-YEAR SPAN WAS DIRECTLY ATTRIBUTED TO STORM SEARCH FROM HURRICANES. FRESHWATER FLOODING, 15%, SO IF YOU ADD THOSE TWO, YOU'RE ALREADY AT 65%. SO IT IS THE WATER by far the one that actually causes the most fatalities here in Florida. This is what we call the Storm Surge Mall in the Hurricane Center and our office in FIU. If any of you at some point visit or visit the area, you can go and see it. What this shows is basically how high, visually, a storm surge can be. The sweet spot that I call is the yellow area and orange area in the pole, because that is about five to six feet. Three to five feet of moving water is enough to become a storm surge. And in this picture, this is our boss, Robert Mojeda. Some of you actually know him personally. He's about six feet tall. So his head is right at the yellow-orange mark. That would be six feet. A storm surge of six feet will be that high. The problem is that, especially if you have a major hurricane like Hurricane Ian in 2022, this was on Fort Myers Beach area. I'm pretty sure that most of you at some point saw these videos online and on the news because this is one of the most dramatic events storm surge impacts that in my career I've ever seen. This is when the hurricane was about to make landfall. You can see this point right along the shore. The storm surge was actually starting to grow. It was about one to two feet. About 20 minutes later, This is a storm surge of about three to four feet, so still modest, waist a little bit over the waist average level. And then 10 minutes later, basically the water was splashing on the lens of that camera, and that camera is 40.5 feet high. This is an absolutely lethal storm surge. And unfortunately, there were people that did not evacuate. They decided to ride along and wait it out. And we lost. Most people lost their lives during Eon in Florida. It happened at this moment that you see right now in this image. So storm surge, remember, hide from wind, but run from the water. You have to evacuate. If you live close to the beach, if you're close to the water, you have to evacuate. And we were talking about tornadoes. And this happened exclusively because of her and Milton coming to Florida. So that's also one thing that we need to keep a close eye. If you're talking about tornadic activity during a game, something like this is what we need. And we need to be ready to respond to that too. I GUESS WE'RE ALL VERY FAMILIAR WITH THE CONE GRAPHS THAT WE SEE ON TV. THERE'S ANOTHER SET OF GRAPHICS THAT MY OFFICE, THE WEATHER SERIES PREPARES AND ISSUES TO THE PUBLIC WHEN WE ARE THROUGH A HURRICANE. THESE ARE CALLED THE HURRICANE THREAD IMPACT GRAPHICS. I STRONGLY RECOMMEND YOU TO LOOK AT THAT WEBSITE, WEATHER.OFF.MIAMI. Because every time there's a hurricane coming for South Florida, we prepare a set of these graphics. And every time there's a warning or an issue, we're going to update these graphics. And the good thing with this is that they give you a visual representation of the areas that we think are going to be affected by the hurricane. It's color coded in terms of potential impacts from yellows, which are moderate, all the way to red and purples, which are devastating and catastrophic. We do that for wind. We do that for storm surge. We also do them for flood threat. And we also do them for tornado threat. These are pretty good, especially if you like visual, kind of like awareness. If you're running a display, you can download these graphics and you can put them on your displays, give briefings, weather.gov slash Miami. What to prepare for and giving you the safety margin related to that hazard. Again, weather.gov slash mayans. Look beyond the cover. And during a hurricane, there's going to be two main products that the hurricane center is going to issue and we're going to pass along. The watches and the warnings. What does that mean? If you're under a hurricane watch, if Howard County is under a hurricane watch, it means that conditions of a hurricane can be felt within the next 48 hours. A hurricane warning means that we are expecting those conditions generally within 36 hours. And this is also very important if you keep in mind the information we were talking about rapid intensification That is why it's very important, it's crucial, for you to already have a planning place before you start issuing either watches or rings. Because these time frames, they give you a big window of responsibility if you have a big family and you need to prepare a lot. Or if you need to decide to evacuate, KEEP IN MIND THAT HAVING A PLAN IN PLACE ALREADY WILL GAIN YOU VERY VALUABLE TIME IN TERMS OF RESPONDING TO ONE OF THESE. RISK COMMUNICATION IS THE BEST TOOL THAT WE HAVE. HOWEVER, WATCHES AND WARNINGS ARE NOT FORECASTS. THAT'S WHY YOU ALWAYS HAVE TO HEED ALL WATCHES AND ALL WARNINGS. Not every storm will give you several days, like I've mentioned before. These four examples, Michael, Andrew, Camille, and the Labor Day hurricane from 1935, they all made landfalls a category five. And all those four monster hurricanes, they were barely tropical storms 72 hours before landfall. Again, prepare, don't wait. NOW IS THE TIME FOR YOU TO START WORKING ON YOUR RESPONSE PLAN. AND ONE THING THAT I WANTED TO SHOW WAS WHAT I CALL THE WEAKEST POINT THAT WE ALWAYS SUFFER DURING A HURRICANE. WE KNOW WE NEED TO GET WATER. WE KNOW WE NEED TO GET FOOD FOR AT LEAST for four to five days for each member. And we've seen the pamphlets. This is what I call the general preparedness information that we get every year, which is extremely important. But what I want to emphasize today before finishing the presentation is one of the things that we tend to overlook the most is your actual house, is your actual place where you may decide to hunker down during a hurricane. And the most important question that you have to ask yourself is, is my roof strong enough to hold, is my roof strong enough to withstand the impact of a big hurricane? Always remember, your roof is your last line of defense. Even if you only have a partial failure of your roof, everything else is. So one thing that is crucial for your house is to have herring straps. They look something like what you see on this picture. And that's because your roof is everything. It's what decides if you, in the worst case, it can decide if you survive or if you do not survive. The most important part of this is if you're not sure if your roof can withstand the heat of a hurricane, if you think it's not strong enough, then don't risk it. you need to evacuate you need to look for shelter so make sure that your roof has these reinforcements you probably can talk to your insurance companies you probably can look physically look at your roofs because like i said the roof is basically everything when it comes to sheltering and that can make the difference between you remain you and your family remain safe or exposing yourself to a potentially real situation in the middle of a major hurricane. Let's cross our fingers that the trends continue this year as they're going, and we don't have to deal with one of those in 2026. So finally, I want to again emphasize your sources of information are crucial. The National Weather Service, that's us, your local media outlets, they work very closely with us, and your local officials in your county, your emergency managers, they all work closely with us. Social media, it might be good, but Keep in mind that not everything that you see in Facebook X and in the social networks is not necessarily the information as we are transmitting it. So always double check. Always rely only on official information that come from our offices. Again, our official website is weather.gov slash Miami. And you can also follow us on Twitter. FACEBOOK AND ON X. EVERY PRODUCT THAT WE ISSUED IS POSTED THERE AS SOON AS WE SEND IT. SO THAT IS YOUR BEST SOURCE OF OFFICIAL WEATHER INFORMATION. SO THANK YOU VERY MUCH. HOPEFULLY I DIDN'T TOO MUCH OF YOUR TIME. AND STAY SAFE DURING THIS 2026 HURRICANE SEASON.

THANK YOU FOR YOUR PRESENTATION. THANK YOU VERY MUCH.

ANY QUESTIONS?

I THINK YOU ANSWERED EVERYTHING. GREAT JOB. THANK YOU AGAIN. ITEM NUMBER TWO, PROPOSED BULK TRASH MAP.

MAYOR, IF I MAY?

YES.

I'M GOING TO ASK, GET THE LIGHT. I'M GOING TO ASK OUR PARTNER, VOICE MANAGEMENT, WHO JOINED ME. NOW, WE HAVE ANDRIS. at the podium. It's been like half of the time that since we signed the contract with management, it's been about half of the 90 period, approximately five days actually, 50 days actually today since we signed the contract and we had the days for the period of trying to current contract current bulk trash schedule while we work on a scheduled bulk trash map. So we should share with you the work in progress considering all what they've been doing out there. We've had little to no complaints and they're hard work. and their experience. I want them to share with you today some of what they may have experienced as we walk on this, while we work on this map or schedule the bulk trash. You'll see in front of you the very first map shows the current bulk trash pickup map, which is what they've been using since July. live first and they've been able to get some experience or some data from that process as to the uh what they've experienced out there so we thought being that we're halfway in and um we wanted to show how we can get to a final product and do a provide a work in progress map uh I don't know, Andre, I'm gonna put up the next slide and then you can express some of the experiences that you guys have seen and why we're at this point. Again, this is work in progress. It's tentative and it's primary. Andres, if you will, please.

Mayor, Vice Mayor, Commissioners, City Manager, City Attorney, members of the audience, thank you for having us here again. It's been a pleasure to service the City of West Park. We've been working hard with our team to make sure all the residents get taken care of. It's been a very good experience on the transition. And we're here, like the manager said, regarding the bulk. We told you we're going to come back. We're going to talk to you. We're going to show you. And what you have in front of you is based on the experience we have the past few weeks collecting the bulk. So we analyzed that data. And based on the volume that we collected, this is our proposal. Again, this is a work in progress. We do want to put you in front of you so we can get ahead On communication, right? So there's something that is very important for us to communicate to residents to make sure that they are aware. We got a redundancy of means for them to reach out to us. We got a local call center. We got our manager operations manager whose cell phone the city has. We've got two operations specialists that are helping the tradition and myself. So we want to make sure that with that communication. also prepare with right approach to the transition, right? As you can see, based on the previous map that the manager showed you, the only difference in weeks is the first, right? So this map has three weeks, second, third, and fourth week of the month. And the option A of the contract, if you go back, they open two of the week. It's part of the available weeks for us to pick up. We did an analysis on the data. The vote was concentrated on the upper part of the map. So we divided that in two. We got the first part. As you can see, the first will be collected Monday through Wednesday on that area. The second week, similar to the current schedule, is going to be the second week of EACH MONTH, MONDAY THROUGH WEDNESDAY, THE LOWER CORNER ON THE LEFT-HAND SIDE, THIRD WEEK MONDAY THROUGH WEDNESDAY SIMILAR TO WHAT YOU HAVE IN THE CROWDS OVER TO A PORTION OF YOUR RIGHT-HAND SIDE LOWER OF THEM. AND THEN THE FOURTH WEEK WILL BE SIMILAR TO WHAT YOU CURRENTLY HAVE. AGAIN, THIS MIRRORS BASED ON THE DATA WE COLLECTED ON THE VOLUME. with the feedback we have from the commission that we wanted the least amount of changes for to disrupt. This is very similar to a lot of the residents, the majority, 75% plus may be on the same schedule, right, over the week. So that also make it simpler on the commission side.

Okay, so basically, like I see understated for what looks like the lower area, They will work through that from Monday, first week, Monday through Wednesday. And second week, the yellow area, Monday through Wednesday, they'll work on that. And of course, what's like a beige color towards the bottom left and through to Lake Forest area, TWIN LAKES HERE, LAKE FOREST AND PART OF TWIN LAKES, THAT WILL BE ALSO WITHIN THE THIRD WEEK MONDAY THROUGH WEDNESDAY, AND THE PURPLE AREA, WHICH IS THE FOURTH MONDAY THROUGH WEDNESDAY. YOU WILL NOTICE IN THE MAP THERE'S NOTHING ON THURSDAY. NOTHING ON FRIDAY, NO PICKUPS ON THOSE DAYS. AND OBVIOUSLY, WHEREVER THERE'S NO PICKUP THAT WEEK, THEY SHOULDN'T BE TRASHING THE AREA FROM THURSDAY OR ANYWHERE ELSE FOR THAT MATTER. AGAIN, THIS IS A WORK IN PROGRESS. I SEE THAT BECAUSE OF THE VOLUME THAT THEY REALIZED NORTH OF HOLLAND THAT CREATED THIS preliminary map that could be communicated as we move forward and with the intent also of trying to specify the area that will be proceed Monday, Tuesday, or maybe even Wednesday. But we thought it's important now to kind of show we have the progress of what we have and how we can move forward being that we are halfway, a little bit over halfway into the 90 days. We wanted to communicate this progress. We had meetings on this, even until this afternoon, throughout. And this afternoon, this kind of changed a little bit. So that was, I wanted to make sure, as indicated, that we start communicating this and we start working towards also enforcement, which has not really, which has not happened in 50 days. We haven't had any reason to go out there and do anything because we're picking up, but we need to now start firming up the schedule so we can make sure things work smoothly and we come to a final specific schedule. So we wanted to kind of open this up, and if you have any questions, and before we even move further into the final match.

Commission any questions?

So on this current map it says that for each week for the donated zones that pick up would be Monday through Wednesday. Is that in the total geographical area that the pickup would be Monday through Wednesday? So would that allow for the residents to put it out Monday through Wednesday?

We're working out the details on specific whether how they'll be broken down into smaller parts if necessary. Well, we're analyzing right now the data, right? So we're going to go by the volume we have. So it mirrors and it shows where are the heat and the heavier areas. That's what we are open to discuss, right, to have a conversation on the specifics.

Okay, so at the original onset, The consensus was that we should not be trying to do a process where it's not in this type of block formation. So it was indicated that we shouldn't do like Pembroke Road through 21st Street on Monday, 21st through 25th on Tuesday, and 25th through Hollandale Beach Boulevard on Wednesday. That's not what desire of the commission was. So what I'm saying is, If we're going to do a Monday through Wednesday pickup, are we saying that geographical area that is highlighted, for example, purposes in the blue, that you guys will be picking up Monday, Tuesday, and Wednesday, scoping out the entire geographical area for a boat pickup?

At the moment is something that we're studying and we wanted to show you the preliminary to make sure you're good with the general pockets. If that's feasible, then yes, this is part of the options that we're exploring. That's what we're sending you this way. Nonetheless, do want to make sure you're good with the current division before we go any further.

I think for me, I'm good with division, but I'm making it incredibly clear that it's the whole geographical area Monday through Wednesday and not subdivided into street.

Understood. Uh, we've taken your comment, uh, commissioner.

Anyone else from the commission?

Uh, yes. Um, and what we had spoken before, um, Are you guys going to pick up on Saturdays? Is the pickup going to start on Monday?

So let me clarify something on the record just to make sure I also put this. Our desire is to work with the city and with the city staff and the city commission. There is a specific schedule that is laid out in the agreement, which is the option A of the agreement. The option A of the agreement specifies Monday, Tuesday, Wednesday, the four weeks. So first, second, third, and fourth week. It allows us the feasibility to distribute 12 zones, right? So that's what is written. Based on the comments of the Commission, we want to try to incorporate as much as we can feasible and efficiently based on also the constraints we have based on the contract, your desires, right? So that's something that for the I want to make sure that that's on the record. We'll come back with a final version after we take your input that mirrors the best option, but within the contract, what the contract allows. Now, what you mentioned, we have made a compromise to start earlier, and we've been doing it to make sure that everything is clear on this 90 days. If we're allowed to continue that process, we'll continue when it's feasible. It's not part of our requirement, but if we can start earlier, we'll start earlier. If it's something that we have the ability to do so, and we have the equipment ready to do so, we'll do it earlier.

Well, that was one of the stipulations that we discussed, and that's why we decided to order your company, you know, the... The contract is that we have stated that our residents. The fact that working schedule most often Saturdays so for we put our out on starting from Saturday so we don't want to put our residents in a predicament where they're fine for putting out the garage earlier and we said that if you could start. early pickup from some of these, that way it allows us the residents to put out our garbage. So that, yes.

Yeah, and we've been doing that.

Well, you've been doing that, but I want to make sure that you're doing it once you finalize, you know, the boat.

When is operationally feasible to do so? Can you explain to me more what it says? There's going to be weeks that potentially Saturdays are not able to run. We'll run any Saturday we can because it's advantageous for us to start earlier. Nonetheless, there's going to be weeks that we may be able to run. It's not a requirement, something that we're doing and understanding. You're allowing us to do it. It's beneficial for us. We'll do it, but we're not promising you every side that we're going to be doing. We like to hold our standards based on what we said we would do, and that's why we don't want to overpromise something. So I'm giving that disclaimer. As long as it's operationally doable to do so, we will run because it's in your interest, but it's also beneficial to us.

If I may also add to what you said. The first part of what you asked is no problem because we mentioned that they can put it out two days before. So that's in the code. So that would not be a fine for somebody to put it out two days before. at least from what we had to go.

I'm sorry, Vice Mayor Smith.

The issue is that the fact that we have Monday, Wednesday, on Mondays and Wednesdays, that means we're going to have garbage on the streets from Tuesdays and Wednesdays.

Keep in mind, again, if I may, Mayor, keep in mind, again, this is a work in progress. They carved these sections out, these sections out, on Mondays through Wednesday. Let's talk to the first, the blue part. Temporarily, it says Monday through Wednesday. It is quite possible when they come back, maybe they can finish the Monday route, one portion of it, on a Monday. And then that portion now may come Monday out of that blue area for the first Monday. And that's what we're working towards. But they want to make sure by just using blue area, they're going to go through that and start analyzing the experience they've had for that period, for that area of the blue area and the yellow area. has been a lot of volume within the next 50 days. But for the rest of the time, they want to be able to Now it becomes specific in days by going through. They may have some experience or allow them to say, okay, we know we're going to finish this area in one day. Then that's what they're working towards now. And as we define that, I don't want to move forward. I just wanted to, as we work towards this, I want to have that conversation so they can better continue to define and work towards it. But I wanted to make sure I let you know the way the code reads now, we will not be citing anybody that puts it out two days before, which is what the code says.

Mayor. Vice next.

Well, I wanted to speak to what the manager was just saying too.

So we'll come back to you, Vice Mayor and then Commissioner Smith.

Okay, my question is this. Okay, based on, say, the blue area, which is the first week, Monday to Wednesday, and residents put out their bulk, say, Sunday or even Monday, and they'll pick up in a certain area on that Monday. What if all the areas, because the residents have options that they can put out Monday to Wednesday, will you be circling the area that was picked up before? Because say somebody else put more out on a different address in that area that you already picked up. Based on because there's Monday to Wednesday, is there a recirculation? And then the other question that I have, do you have this method in other cities? That's how you do it in other cities that you have...

So thank you, Vice Mayor, for the questions. I'm going to answer the first one first. So currently we're analyzing the area. Nonetheless, if we have an assigned area that goes on an assigned day, we will pick up, if we go earlier, we will pick up, we will do the round again on the area. We won't leave an area that has an assigned date. not reviewed on the day that it should be picked up, even if we come earlier. So even if I come on a Saturday, we'll go back again and rerun the area after because not every resident is going to put everything on Saturday. So we will rerun the area that is defined by the specific date. That's what we typically do. That's what we've been doing and we do in other areas. The second part of the question is, How would duplicate it with other cities? Well, actually, other cities have five, six days for bulk. So they have very smaller sections of the city that go on Monday, Tuesday, Wednesday, Thursday, and Friday. We provide residents with a magnet that has the specific color of the area with a specific day. take some time and some we've done some transition it takes a few couple of months maybe for them to get familiar again with area and then everything is just to their magnet in the fridge oh okay this is my week or this is my day and they go so we have specific day specific areas in a map painted for the rest space where they live right and they have big map and then obviously they have area highlighted. That's been working really good. We haven't had any minimal issues with that. And it's been even more sections. It's been six days a week. That's a typical.

So as you mentioned, that sticker and that fridge, we are the residents that have this specific date and, you know, record. Say, for instance, that person on Wednesday, have that When is it eligible for that resident to put out bulk? Can they still put it out on a Saturday, even though it's in that section the first week?

That depends more than anything on your code, how in advance it can put in the sections. So that depends on the code. And I think the manager said they can put it on Saturdays, but that's more of the city's

Okay, so, okay.

Discretion of how early they want to let the residents put their .

Yeah, because based on putting it out for Saturday, usually it's for Monday pickup. But putting it out Saturday for Tuesday or Wednesday pickup, that's a lot of trash sitting there for almost four days. So more than four days. So that is one clarification that needs to be.

Something that I want to share. I understand there was any change in some questions and some concerns. We like to track a lot of data so it's easier for you to get to see data as we go by. That's why it's good, like the question you made about the other cities, we've tracked The code issues or many people put and we work closely with code to inform. And again, it's a training process as the residents get accustomed to the schedule process and the code restriction. It may take a few months. But eventually, it works very well. We work hand in hand. We show the data. We show the points. We have access to all of those reports. And that's how we provide feedback to the city. We come back and work together on finding those solutions. So I just want to give you that assurance that Even though it seems as there's going to be some concerns, we've done it and we have the tools to address them.

Okay. Commissioner Smith. Okay.

Well, Mayor, point of order, you said that I was going to go after Vice Mayor. That's not what I said. Yes, I asked to be recognized as Vice Mayor.

Commissioner Smith, can you please? Yes, Madam Mayor. And I wanted to, you know, point out some of those things that Andres just mentioned specifically because I think what we're doing now is confused about the multiple days that are listed. However, what we should harping on and, you know, also kind of keeping train of thought on with and even encouraging residents to do the same is that the notion that Monday is the designated pickup day per se, especially with this commission. When this topic came up during the contract, it was highly contested by those on the commission that we should extend those days for pickup over the weekend because it was more advantageous and convenient for the residents to do so. Therefore, if we're going to say, all right, Saturdays and Sundays are the ideal times for people to put out trash Then they we stick with that train of thought so that Monday because the way I'm interpreting them correct and the way it's presented and as Andres just alluded to as well that According to our contract money is the ideal and that keeps it consistent with what we've already been doing on Monday. So that portion of it consistent and the other days, the supplemental days, which would be the Saturday, the early pickup is or also, you know, as a courtesy for, you know, you know, for us to try to kind of curtail a lot of the trash being out there. But the actual day of pickup would be Monday and would start on Monday. And I'm looking at the back end of those days, that supplemental Tuesday and Wednesday as being days that they would pick up if they had not finished the ride or completed all of the pickup on that particular Monday. And that that would be I would say the best way to move forward with this process In keeping residents with the same train of thought that Monday is the bulk pickup day Therefore they can have their stuff out on the days probably Saturday and Sunday prior and it wouldn't you know interrupt their normal routine or flow of doing things and if we're saying that that Saturday and Sunday is the ideal day because of people's work schedule, then we're not going to say, well, put it out on Monday and Tuesday because our initial argument was it was better for people to put it out over the weekend. I'm saying to keep things simple and to keep, you know, the same train of thought and framework of when our bulk day is, we should keep in mind that Monday is the ideal day. So as long as you have it out, in other words, as long as you have it out by Monday, whatever they pick up on Monday and whatever they don't pick up on Monday, they can always circle back the following days, the Tuesday and Wednesday, and it'll be picked up. but Monday will be an ideal day to keep in everybody's mind because that's what all, that's what it's always been. So that's what I said. Let's not get too sidetracked and confused on the Tuesday and Wednesday that we have listed here. Let's keep that same train of thought. So we have best interruption, um, throughout this whole process.

I happen to agree with commissioner Smith, but what we're seeing collectively, as a body is the same thing, but what I'm hearing differently from the vendor is something different. He keeps saying that it's going to be further fragmented to have areas of the zones broken down to have a designated day, Monday, Tuesday, and Wednesday. That's what I don't think that you guys are extrapolating from what the vendor is saying. So although we all are in agreeance on the days, We want to keep it as simple as possible and keep in the residents' mind that Monday is the ideal date. The vendors, contractually, they can pick up in 12 zones. Listen carefully. 12 zones, Monday through Wednesday. So they're saying that they have the option to even break down these already quadrant sections into smaller sections and designate a specific zone to be picked up on Monday, a specific zone to be picked up on Tuesday, a specific zone to be picked up on Wednesday. He also indicated when he answered a questionnaire question, he stated that for a designated zone, say for instance, As they're saying Pembroke Road to 21st Street is going to be picked up on Monday. They're going to try to pick it up early on Saturday and say they designated time of that area may be on Monday. They won't soak it back on Tuesday, Wednesday for Pembroke Road and 21st. This is what I'm gathering from vendor. Now, if I'm a vendor, correct me.

Yes, that's actually invitation makes a good understanding. If I may.

If I just continue to address, I'll come to you too, brother. But so in essence, We are saying that the body is very different from what the vendor is saying. We collectively are saying the same thing, that ideally we want the stuff put out on Saturday and Sunday. We want the audio to pick up to be done on Monday. But according to our contractual obligation, the vendor has the opportunity to subdivide Quadrant even further and we are saying what we have been sent as the majority collectively as we do not want that to occur We want it to be this quad. It's picked up on the particular Now we're gonna add flexibility for the residents like we are collectively seen to be able to put it out Saturday and Sunday for Monday through Wednesday pick up in this whole quadrant, it's not what the vendor is saying. We're saying that, but the vendor is not aligned with what we're saying. So I want you to just keep that in mind, that we collectively up here as a body are saying the same thing as far as residential impact. But understand that that's not in line with what the vendor is saying operationally they're going to do. So if that's something that we want to as a body to unifiably say to the vendor, then we need to put that in action collectively to say this is what we want. The other thing that I wanted to address with the city manager is if we do allow our residents to put it out on Saturday and Sunday, and they have a Tuesday or Wednesday pickup, our current code is not going to allow them to have it out for that extended period of time. It's only currently that our code says that it could be out 48 hours prior to pickup. So we have our residents keeping in mind that we want to allow to put it out on Saturday and Sunday. For those who may have a Tuesday or Wednesday pickup, they will not be in line with our current code of ordinances, they will be out of compliance and will be potentially subject to any type of citations if it's still out. If they put it out on a Saturday and their pickup is on Tuesday. If they put it out on a Sunday and their pickup is on a Wednesday. They will be out of compliance and subject to code enforcement. So if we collectively are saying that, then now we collectively will have to go back to our code of ordinance and allow for us to allow for them to have it out there. The third thing is that do we really want the stuff out there four or five days at a time? Is it going to make our community blighted, right? So there's a lot of different variables there that you all have not been talking or thinking about. We need to be considering that point. If it is the fact that we are going to allow the vendor to do their job to pick up on the days that that we most conducive to their business, then we also have to provide the flexibility for our residents to not be subjected to any type of code enforcement measures, right? So that's what we need to keep in mind.

Yes. And those are some of the things that I was alluding to in my initial statement by saying, making it easier. I'm talking about the trend, just train of thought on the residents in so that we don't create mass confusion for, for them understanding. And hopefully my prayers, hopefully that. by the vendor dividing it as such and now breaking it into quadrants that it would allow for pickup to be completed by that Monday or that initial first day. Like I said, the early pickup of Saturday and, you know, over the weekend period, that's, you know, that's as a courtesy. So that's not, you know, what I'm too concerned about, you know, if they do or if they can, that's fine. But as long as, you know, like I said, my hope and our hope is, as you mentioned, that by it being now already broken up more than what it was previously, that that would allow them to have everything picked up. And if we have to make, you know, some adjustments accordingly so that that can happen, then, you know, by all means, I believe that's our goal, not only as a commission, but as a city, because we ultimately have to... deal with the consequences of decisions we make up here as well. So I believe we all have the same mindset as to us going about this new map being divided in the way that it is. However, our overarching goal is to make sure that because now it's been divvied up the way it has, we can achieve, you know, uh, everything within that one day prayerfully. Um, and you know, that would be my, uh, recommendation on that.

Yes. Um, what I want to see is that when we send out the map to the residents as well, um, commissioner Smith is stating is that We don't want to see no pick-up date to say Tuesday or Wednesday. We want pick-up date just as how it is to say Monday. And then you as a vendor, you know, you will have the additional Tuesday and Wednesday as a courtesy to go back and recycle. But do not advertise and say that this pick-up date is on Tuesday. I want everyone to show that their pick-up date is going to be on Monday, whether it be The first Monday, the second Monday, the third Monday, or the fourth Monday. So that's the issue that we're concerned is that. Do not advertise to the residents that difficult date. It's going to be on a Tuesday or Wednesday, but it'd be says Monday.

And commissioner, thank you for the comment tonight. I hear everything here, the intent and you allow me to answer commissioner, the intent to be here is to hear your feedback. So we're hearing the feedback. We've got to go to our drawing board and see what is . Our intent is not, you know, to be in two different sites. It's to work collaboratively to find a solution. You know, we're looking at this as a problem that we're solving together, right? So we want to find a way that is good for the residents, the best thing for the residents while also, you know, it's part of the contractual obligation. If there's something we can give in, we will. We are good partners. And at the same token, I would like for you to have an open mind to trust us that we've done transitions. We'll be seeing where the areas of problem potentially can arise, and we can be ahead of those areas of problem, right? Communication through outreach. Now, I'm not telling you you're sharing to us I'm coming right now to tell you that's not going to happen. I'm telling you, whatever you're telling me now, we're going to go back to the drawing board and look into it and we're going to see based on your feedback. We also have to put the constraints of the letter of the contract and I hope you understand because that is something that we bid based on those specific. REQUIREMENTS. SO THIS IS GOING TO BE A WORK IN PROGRESS TOGETHER UNTIL WE FIND OUT THAT EVERYBODY IS HAPPY. THAT'S THE WHOLE POINT. WE'RE NOT HERE TO TELL YOU Your feedback is not. We're listening to that. And we're taking into that. We're taking those. I got my router here. He's the one who puts that together. We got our route manager. We got a district manager. We're all hearing your feedback. Now, allow us time to get back to the drawing board to look at it and put your feedback into what we come out. Now, to answer the commissioner's similar comments, our focus is to do the best thing for the residents. And even though I understand that they're accustomed to the Mondays only, it's going to be a minimal impact on theirs divided in weeks. And then, you know, realize your feedback. Commissioner, if we don't tell the residents that the pickups are happening Monday through Wednesday, we're not being upfront, being very clear. And if a resident is under the impression that it's happening Mondays only, they can call on Tuesday and say, hey, you guys miss me. And they have all the right to do so because we're just advertising that we're only picking up that one day. And that's why it's important for us to be very transparent and to what days are the ones that are allowed for us to pick up, and how is going to that pick up be dispositioned. So that's what has to be very clear and communicated, so that way the residents can understand also what is the right, their constraints, and what is our obligation too. Because we take that very seriously. You can look at all waste or recycling routes, we've been consistently been picking up on the day that we said that we were going to supposed to be pick up those, those routes have been being picked up. If we get for whatever reason, a call, we go right, right immediately after to recover that, that card. So we take that commitment on when we said, we're going to pick you up very seriously. And that's why this is important.

What I'm saying is that it's not for you to say you're not being transparent is for you to let them know the pickup date is going to be on Monday and we'll circle back. on Tuesdays and Wednesday to pick up what we did not pick up. That can be specified too when you send out the advertisement. We'll take the comments. Thank you.

Mayor.

Commissioner Touchdown, then Commissioner Smith. I mean, Mayor Smith.

I would appreciate too that when providing these information that we, the commission, receive the data as well so that we could kind of see what you guys are looking at as far as capacity. and making our decisions. I know you guys said that you got a lot of data and this is how you came up with this, but it would have been a transparent moment for us to understand what the data was as well so that we can rightfully make a decision and say, okay, well, maybe that made sense based on the value. But had no information before us, that's kind of difficult. The other thing I think that the commission needs to kind of consider is is the fact that we are going to have to change our code of ordinance to allow a minimum of 72 hours leeway as far as that is concerned. So I hope that we are taking into consideration that that ordinance will have to change no matter how we slice it because currently we are saying that we want our residents to be able to put out on Saturday and Sunday based on having it potentially Wednesday They should be able to put out the boat at 72 hours beforehand and not the 48 hours beforehand. The other thing that I wanted to address is that before we did approve the contract, you handed out a form about community benefit. Can you speak on that a little bit? Because I was reviewing that because that was something that we did not discuss before we was going to be basically timed. out on approving the contract. Can you elaborate on what your organization is going to buy or is willing to provide the community benefit? I did review community benefit. I thought that some of the numbers were a little low for me as far as the community benefit was concerned. But I would like you to state what those were on record and what commitment of this vendor is to provide the community get back. Yeah, for me.

Yes.

Okay. Unless Andre is prepared for that now, you can if you're prepared by promising that we're going to talk a map. And I wanted to try to get towards that because I don't even have it in front of me. So is the addendum part of the agreement? I just put on record, I don't have it in front of me because the conversation may ensue and whatnot, and I can't verify what he's saying or whatever else. I wanted to, if I may.

Well, I had the floor and asked the question and you allowed him to interject.

But if you allowed the manager to finish his statement, I'll come back to you, Mr. Manager.

I wanted to kind of just impress on the fact that if we can... on this map, the exercise I contemplated is really what's happening. And I enjoyed it, and I'm taking note of it. And I want us to stay focused on that map, because we had exercises on this map, including this afternoon, Even did not have lunch, just sat here. The map keeps changing, and we got to a point where we got excited. I insisted on having this conversation so that we can, hopefully in the next 40 days, be able to continue to have that. I just want to point that out. EVERYTHING THAT WAS SAID TODAY, INCLUDING CODE, INCLUDING ALL THESE OTHER OPTIONS WERE ACTUALLY BROUGHT UP, BUT WE DIDN'T WANT TO SAY IT BECAUSE WE WANT TO HEAR IT FROM YOU. AND THE ISSUE ABOUT SUBDIVIDING AREAS. I WANT TO KIND OF FURTHER, IF WE CAN, IF THERE'S ANYTHING ON YOUR MIND, SO IN THE PROCESS OF THE 40 DAYS, 40 MORE DAYS LEFT IN THE NINE DAYS, THAT WE THAT WE WORK ON THIS AND FURTHER DISCUSS THIS, I WANT TO MAKE SURE WE DON'T LOSE THE OPPORTUNITY TO GET YOUR COMMENTS. AND THAT'S WHY I WANT TO MAKE SURE THIS MAP, THERE'S BEEN SUCH WORK BACK AND FORTH, EVEN THEY HAVE DESIGNERS STICKING UP HERE. SO I WANT TO MAKE SURE WE GET THAT CLEAR. THANK YOU.

MAYOR. GO AHEAD.

MAYOR, CAN THE VENDOR ADDRESS MY QUESTION, PLEASE?

Commissioner I am can't pull it out.

But if you're gonna have to give me a couple of minutes because I'm Okay, because that was no stated on record and if the city manager is now saying that there was an addendum To add the into the contract the Commission was not aware that nor was the Commission Received that addendum the email or otherwise so the manager just said that I THE COMMUNITY BENEFIT WAS IN THE ADJUSTMENT TO THE CONTRACT, AND WE NEVER SEEN THAT, NOR WERE WE APPRISED OF THAT.

ANDREA, IF I MAY, MAYOR, JUST TO CLARIFY. Paper was passed out to every one of y'all that same day. I wasn't even aware of that paper. When they walked up here and passed out the paper, and y'all agreed upon it, and that's all. The same thing is what was aimed since y'all received it and acknowledged it, and it's the same thing they promised when they were here. I don't have it before me because we weren't prepared to do that. But we can be, I'll be so happy to make it another topic and show you what they are so they can further elaborate on it. There's a portion in there that speaks to scholarship, and there's something in there that speaks. So all of that was memorialized. Since they distributed it to you, it was memorialized. And that's all it is.

While waiting, Vice Mayor.

But Mayor, if it was memorialized, we should receive a copy of the memorialization of it.

Vice Mayor, you have the floor.

That's the issue with the transparency around here.

Vice Mayor, you have the floor.

OK. A question that I have is back to where you had mentioned regarding recycling. Is it the same way you do recycling? Is this how you're doing this? Are you planning to do this? Picking up recycling? I know recycling is currently on Wednesday.

So under the meeting where we were discussing originally about the bulk, the commission said that was going to be very confusing for residents. So we took that feedback. And that's what we simplified by matching it with weeks. This right here is our first draft to show you, based on those conversations, based on the data we got collected, based on everything we've been doing during this time, this is something that minimizes the disruption for the residents. So it's not going to mirror the recycling based on the Commission's feedback on the original meeting, that that was going to create way too much confusion.

Oh, because the reason I ask that regarding the recycling, that I have a resident that gave me a call stating that their recycling hasn't been picked up for two cycles. We'll be happy to get the phone number. Let me finish. I DID REACH OUT TO THE RESIDENTS WITH FEEDBACK TO SAY PLEASE FOLLOW ME THE INFORMATION OF WHERE AND WHEN. I'M STILL WAITING FOR THAT TO PRESENT IT. BUT SINCE IT'S HERE TONIGHT, THAT'S WHY I'M JUST SAYING THEY ARE COMPLAINING THE RECYCLE HASN'T BEEN PICKED UP FOR TWO DIFFERENT WEEKS.

We're happy to take information down and we'll be there tomorrow. We have the operation manager here if that's any issue. Or maybe there's some area that we need to address, but we'll be happy to take that.

It was actually Vice Mayor on 41st Street in the forest. They said for three weeks they have not received pickup, which is basically adjacent to the county line on West Park side. So they said for the last two of the weeks they had not received picked up all along 41st Street from 8th Avenue until Michael Crop.

Thank you for the feedback. It's the first time I've received information. We'll take care of it.

So this seems like this is a conversation that we have to continue and we will definitely do that. If there's nothing else, thank you. And I believe that we'll again get back and you have all the feedback from the commission and we'll get back and bring all the information back together and come up with the solution for everything.

Thank you.

Thank you. Mr. Clerk, can you read the decorum statement please?

When speaking before the City Commission, please make sure to give your full name and address record. There is a three-minute time limit for public comments. Please adhere to the City's laws to include Article 2, Senate 2-24 of the City of West Park's co-ordinances. The City's charter provides that the City Commission may determine its own rules and procedures. Those rules imparted by that person participating in any regular meeting shall abide by standards of conduct or may not tend to participate in that particular meeting. Speakers are called in the order in which they are received. The city clerk is charged with notifying each speaker of the time limit It is unlawful for any individual disturb or disrupt a meeting of the City Commission or if you still pay the city obey You think so obeyed the orders of the mayor deciding officer during a meeting? Any comments or questions by the public shall be directed to the mayor designing officer the mayor is empowered by the laws of the city to orphan the room any speaker who refused to comply with the rules and regulations of the city and

Thank you. Mr. James Sparks.

Good afternoon. James Sparks, 5300 Southwest 23rd Street, West Park, Florida. Madam Mayor, I just had a question. The majority that seems devoted to bringing this group in, that seems to be the one that's got the most problems with it. But anyway, let's move on.

Well, we got one election down and one election to go.

We got people going out saying that there are things going on in the community that is not true. There's a young lady that had some problems with the fellow that says he had a right to do what he was doing, and that's wrong. So it's a lot of lies going on. You know, one of the things I look at is this commission talk about the seniors and they talk about the people in the community. We had a senior that was abused. I have not heard one commissioner ask her how she's doing, check on her. Only thing I've done is seen support for the guy who did it. I mean, something's wrong with that picture. You tell me you believe in the seniors, you believe in people in the community. I hear everybody always saying, oh, somebody called me by so-and-so. I've never seen no somebody that's come up here. I've seen you pick on me and other people in the community about issues that's going on in the community. But then I go around and wrap around each house. If I went and called you on it, I could show you where you got a problem right in front of each house right here. And nobody says a word. It's one thing to be fair, and it's one thing to be just an ignorant person. And I really believe we have three ignorant people on this commission. And I have to say that because of how they treat people. Listen, everybody deserves to be fair. Not just because you're their friends, not because you like them. I mean, it's a lot of people I got problems with, but I don't just pick on them. Now, When they do something wrong, I'm going to come at them, yes. But I don't just pick on them just because I don't like them. This committee seems to be, I look at Goodman Church. They're trying to get a parking lot. You guys told them they don't need to put a parking lot on their property. They need to put a business. That ain't right. And you're mad because they spoke against you. You guys are something else. Never seen them like that. One election down, one election to go. Thank you.

What happened to that one election?

The opportunity, there's no comment.

What do you mean?

You can't tell me not to comment.

There is no comment after that.

The opportunity for the public to address the commission is now closed.

You have a restraining order on the person.

You call the police.

You go close and call the police. We need to be on record. What you guys there are troublemakers. You're making trouble with people out there.

Vice Mayor, you're inappropriate.

Literally called police on the resident.

You're inappropriate right now.

And the restraining order was lifted. How embarrassing. Mayor, point of order.

Broward Sheriff's Office, please come forward.

To do what? Come forward for what? For what? She's not just an ordinary resident. That's a report.

If you were paying attention to the agenda, she's next on the agenda.

You need to say that for the record.

Good evening, Chief. How are you? Good evening, Mayor, Commissioners, City Manager, City Staff, and West Park residents. I will be reporting the monthly statistics for June and July 2026. For June, we had a total of 1,140 calls for service. We had a total of 51 accident investigations. We had a total of 90 citations that were issued. We had a total of 20 arrests that were made. In our violent incident part one property crimes, we had a total of 23 for the month of June. Moving on to the month of July, we had a total of 1,043 car service, 51 accident investigations, 94 citations that were issued, 29 arrests that were made. In our violent incident part one property crimes, we had a total of 28 for the month. If you have any questions regarding my report.

Commission any questions?

Yes. So some of the feedback from the residents is that they have seen a slight increase in what they perceive to be patrolling, but it's still not sufficiently satisfactory to the residents of our community. In addition, there has been seeming like an uptake in violence in the community. There was an incident on I believe it was 46th Avenue, 24th Street. What exactly transpired? Because I'm hearing different things about there was a shooting, somebody was killed, what's going on throughout our community.

So I believe that information was passed on to the manager that was passed on to you guys, our staff event. There was also a media release on that. It is an active investigation. The information that is available to the public has been dispersed. Obviously, we want to keep it informed with the information that we can. provide. It is an active investigation by our BSO homicide investigators. Like I said, there was a media release, so there's a crime stoppers tip, a flyer that is going to be circulating. For anybody that has information, it's encouraged, obviously, to call and provide information on it.

Okay, so what are you doing to help to improve BSO visibility?

So obviously we're continuing with our proactive enforcement. We continue with monitoring our crime trends. That's something that we do. And obviously keeping in touch with our investigative units that are investigating our crime. So we keep in touch with them and see what we can do. As far as like with the incident that just occurred, we've been assisting with that, following up on them. And like that Crime Stoppers information, our deputies are actually helping put the information out to residents.

Okay, what about traffic enforcement?

So traffic enforcement is ongoing. We actually have an operation that's been uh, going on for the last couple of weeks for, um, especially for our incidents that have happened on Pembroke road. So that's a continuing effort. We also had our operation summer splash. Um, that's our regional traffic unit for our regional resources that came down to West park and actually did enforcement here.

Okay. So one of the, um, the feedback that I've gotten as far as, um, I'm glad to hear that we're doing something about the speeding on Pembroke Road because I rarely ever see any enforcement. And that is a heavy traffic area that I think that we should be trying to enforce on there because there's a lot of accidents on 56th Avenue, 52nd and also on. I believe it was 46. There was a major crash there as well.

Yes. We actually contacted our regional traffic unit. They've actually also come down here. So besides our own deputies doing traffic enforcement on Pembroke road, we also have outside resources that have been coming down our DUI task force. They have made several like DUI arrest on Pembroke road.

Okay. And then what are we doing with our homeless population? It's been a continual, um, I guess, complaint or issue a nuisance in the area of Pembroke Road and 56th Avenue and our alleyways and so forth. What is going on with that? I mean, there's loitering where there's loitering signs and where you guys have permission from business owners to enforce. There has been rarely to little enforcement there. There's homeless individuals sleeping on our benches that are supposed to be used for public transportation. That alley, you know that alley is a consistent nuisance. Yeah, it looks like it's not any enforcement unless there's a call for service. Yeah, it's a block away from where you guys are housed on Pembroke Road.

Again, we have ongoing efforts to resolve some of these issues. I know that BSO now has a new program, and I apologize. I get the information to the city manager because I don't know the exact name of it. However, it's like a tablet-related program where we have at least four of our deputies have been – have received training on it and it's actually, they are able to connect the homeless person or somebody having mental illness directly with like a, I'll say like a clinician counselor or something. It's like a direct thing that they do with the iPad and I can get that information to the city manager for you.

Okay. We would, I would love to get that information. But has it been executed in our community? Yes, it has. And will we be getting data back on the results of that implementation? Because I see it every day. We have individuals that are on substances, have mental illnesses, and are homeless. And yet it seems as though it's proliferating through our community along the main corridors of our community at that. So that's very concerning for our residents and the safety of our residents. There has been an increased uptake in individuals luring in our residency's backyards. There is an uptake in individuals trying to break into vehicles and so forth. And I don't see anything coming out on social media or otherwise try to educate the community on best safety practices or to alert them to these things that are going on in the community. More so I'm seeing individuals in our community speaking out about these incidents. There was a break in the vehicles on 21st Street. Someone put up the video about the ring or about these three young men going out and checking car doors and stuff. And I think that if we had individuals actively patrolling the community that we can curb some of those activities.

So I can tell you we do have our officer actively patrolling. The public is encouraged to always call the police when they want to report something. We always have some media stuff about see something, say something. It is a partnership. It is a partnership with the city, with the residents, with business, and the police. I mean, we need your help as well as you need ours. We work together. come to a resolution. We all want the same resolution. We want our residents to feel safe. And, you know, we want the same thing.

Thank you.

Thank you.

Commission, any other questions?

No.

Thank you.

Thank you for all you do.

Thank you.

Next item on the agenda is item number nine, approval of the minutes. I'll entertain a motion.

Madam Mayor?

Yes.

Motion to approve.

Is there a second? Second. Thank you. Any questions? Roll.

Commissioner Tesla. Yeah, Commissioner Smith. Yes, last marriage. Yes, Commissioner. Yes, Mary Branson. Yes.

I didn't number 10 resolutions can get.

Not a mirror, yes, motion to approve.

Second. Any questions? Roll call. You have a question? No.

I have a comment on resolution number two for our youth program.

Okay. Okay.

I know, I don't know, but I think that we all received the email from an employee that was doing our summer youth program. I think that there needs to be a report provided by the city manager and our HR staff to address the employee concerns. This employee concerns also echoes another employee concern. And there's one thing I added. When there's multiple people saying the same thing, having the same issues with the same individuals, there needs to be a start looking to our employee concerns. There was a lot of troubling information that was disseminated in that email concerning employee practices that included not paying employee the time that they actually worked and finagling of the time stamps and going in and changing people's time. That's a serious allegation because it is a grant funded opportunity. that could potentially impact receiving grant funding opportunities if those allegations are in fact true. This is not the first employee that indicated it, and I think that the city manager and our HR specialists and staff needs to look into this employee issue earnestly because it can impede us being able to have these grant opportunities in the future.

So the items before us are item number one and item number two. What is the pleasure? I mean, we already had a motion and a second. Can you call the roll, please?

Commissioner Brandon Smith? Yes. Commissioner Touchstone? Yes. Vice Mayor Joy Smith? Yes. Commissioner Eviar?

Yes.

Mayor Brunson?

Yes.

Motion passed.

Item number 12 is quasi-judicial. And this is a public hearing.

Mayor. All witnesses who will testify on any item in this portion of the agenda will be sworn. Participants who are members of the general public need not be sworn and will not be subject to cross-examination if they are not sworn. However, the Commission shall not assign unsworn testimony the same weight or credibility as sworn testimony in its deliberations. The applicant has the burden of proof. After the applicant's concluding remarks, the hearing will be closed and no additional testimony, material, or argument will be allowed unless the Commission chooses to request additional testimony. The Commission will then deliberate. All evidence relied upon by reasonably prudent persons in the conduct of their affairs may be considered in these proceedings regardless of whether such evidence would be admissible in a court. Hearsay evidence may supplement and explain other evidence but shall not alone support a conclusion unless it would be admissible over objection in court. The material in the commission agenda packets will be considered as evidence without authentication. All witnesses who intend to give sworn testimony will be sworn at the time the item is called. Will the clerk please read the first item?

A resolution of the City Commission of the City of West Park, Florida, approving a special exception pursuant to Part 2, Chapter 28, Article 2 of the City's Code of Ordinances, entitled Variances and Special Exceptions, related to an automobile repair garage located at 5833 Southwest 25th Street, West Park, Florida, providing for adoption of representations providing for an effective date.

Will all witnesses who intend to give sworn testimony on this item please stand and be sworn at this time?

Please raise your right hand. Do you swear and affirm that the testimony your body gives should be the truth, the whole truth, and nothing but the truth? Thank you.

Would staff please briefly describe the nature of this agenda item?

Yes, thank you. Good evening, Mayor and Commissioners. Good evening. For the record, Judith Frankel, Planning and Zoning Director. This is a special exception application before you. The location of this property is 5833 to 5851 Southwest 25th Street. The property as a whole is 12,708 square feet. This business only occupying one bay in that warehouse building and is approximately 740 square feet. And their request is for automobile repair use. The property is located in the transit-oriented corridor and is designated as transit-oriented corridor in the future land use plan. The property is a one-story multi-bay warehouse structure built in 1971. Special exception applications are required to be reviewed by the City Commission based on the following criteria. I will go through them now. One, use is compatible with the existing natural environment and other properties within the vicinity. This property contains various social uses including automobile repair businesses and there are similar This is along 25th Avenue. The proposed use is compatible with other properties within the vicinity and poses no effect on the surrounding natural environment. Two, there will be adequate provision of safe traffic movement, both vehicular and pedestrian, internal to the use and in the area which will serve the use. There is one parking space in front of this bay, although there are additional parking spaces located within the building as a whole. No new concerns are expected due to this change in use. Three, there will be adequate setbacks, buffering, and general amenities to control any adverse effects, noise, light, dust, or other producences. Uses surrounding the site are only commercial and of the same intensity as the proposed use. Four, the land area is efficient, appropriate, and adequate for the use as posed. The subject site area is sufficient, appropriate, and adequate for automobile repair use as proposed. Five, the proposed special exception use shall disclose the square feet of use sought for approval so that an adequate evaluation can be made of the special exception use in keeping with the standards and criteria ordinance. Should any special exception use seek to expand in size, the extent of expansion shall undergo special exception use review as provided in this ordinance. This has been affirmed. Conditions may be stipulated and made a requirement in granting an application for a special exception when it is found by the City Commission to be necessary to further the purpose of the zoning district or compatibility with other properties within the vicinity. The applicant will attempt to satisfy conditions stipulated, which I will go through in a moment. You can see the property here, the aerial view. The bay where this business will operate out of is in the easternmost side of this warehouse structure along 25th Street. This is from the survey provided of the property. And you can see the subject bay all the way on the eastern side of the property. And this is an enlarged version of that. And this is a picture of what the looks like. It's taken from Google Street View. This is another view front facing of the property. I'm recommending approval of the special exception based on the criteria I just read to you subject to the following conditions. One, the use of the site be limited solely to this use and this applicant. No automotive work may be conducted outdoors. Violation of this condition shall result in a penalty, including a limited to 500 per incident or revocation of business tax receipt license. No vehicle sale should be permitted on site. Violation of this condition shall result in a penalty including not limited to 500 per incident or revocation of business tax receipt license Illegal roofs canvases or other shading devices shall be removed demolition permit shall be required prior to full and Parking vehicles and drive aisles in unmarked areas is not permitted. A violation of this condition shall result in a penalty including a not limited 500 per incident or revocation of business tax receipt license. On-site vehicle inventory should be limited to the number of display parking spaces, no more than 15. This bay really all space for one vehicle to be serviced and one vehicle to be parked. Identified on the site plan to be submitted with a certificate of use application. The loading or unloading of vehicles, equipment, or supplies in the abutting right-of-way is prohibited. Violation of this condition shall result in a penalty including and not limited to $500 per incident or revocation of this tax receipt license. Under no circumstance will spillover parking onto adjacent streets, alleyways, swales, and properties be allowed. Violation of this condition will incur a $500 fine incident. Continual violation result in potential loss of business license. Existing exterior building is required to be repainted as needed to achieve compliance with the city's color palette. The exterior of this building is in good condition at the moment for the transit-oriented car zoning district as required in section 42-329 of the city's code of ordinances. The building facade must be in good condition and all necessary repairs made prior to the issuance of a certificate of use. Banner and pennant signs shall be prohibited. Violation of this condition shall result in a penalty. including and not limited to 500 incident or revocation of business tax receipt license. Vehicle signs shall be prohibited and there should be no advertising on vehicles or within the swale area. Violation of this condition will result in a penalty including and not limited to 500 per incident or revocation of business tax receipt license. Flagpole flex shall be prohibited unless on a flagpole. Flagpole must be properly installed with a building permit. Violation of this condition shall result in a penalty including and not limited to 500 per incident Vacation of business tax receipt license all signs on the property shall comply with section 3 2-5 31 General requirements for permanent signs a side plan shall be submitted for approval violation of this condition shall result in a penalty including and not limited to 500 per incident a revocation of business receipt license a The site plan submitted at the time of certificate of use shall identify the location of either a dumpster or waste receptacles. The dumpster is located at the property. A dumpster enclosure located on site in compliance section 42-424 is required prior to issuing the certificate of use business tax deed. Again, we are recommending a full of this application. The applicant is here. And I'm available for any questions you may have.

Thank you.

The applicant may now present whatever sworn testimony he or she wishes, including which items on the staff board the applicant objects to and whether the applicant agrees with the remaining items. Okay. Do you have any witnesses you wish to present at this time? Do you agree with the findings and recommendations of the city staff? All right. Are there any interested persons from the public who would like to testify at this time? Seeing none, this matter will now be turned over to the commission for deliberation. However, before do so, has any commissioner had any ex parte communications with the applicant or any of their witnesses? If so, please disclose the nature of such communication at this time. None. All right. Mayor, Vice Mayor, and Commissioners, the matter is now turned over to the commission.

Madam Mayor? Yes. Motion to approve.

Is there a second? Thank you. Any questions of the applicant? It's been motioned and second. Roll call.

Commissioner Viard.

Yes.

Commissioner Burniff. Yes. Vice Senator Joyce Smith. Yes. Commissioner Touchstone. Yes. Ms. Brinson. Yes. Motion passed.

Thank you.

Thank you. Thank you.

And number two.

Resolution of the City Commission of the City of West Florida approving of variants pursuant to Part 2, Chapter 28, Article 2 of the City's Ordinances entitled Variants and Special Exceptions to allow for a site reduction of 2.5 feet for a laundry service business located on 2200 South 57th Avenue, West Park, Florida, providing for adoption of representations providing for an effective date.

All witnesses intend to give sworn testimony on this item to be sworn at this time.

Please raise your hand. Do you see me swear or affirm that the testimony you're about to give should be the truth, the whole truth, and nothing but the truth? I do. Thank you.

Would staff briefly describe the nature of this agenda item?

Yes. You're going to hear two items. First is the variance, as the clerk mentioned, and then is for site plan approval. I'm going to go through both, but you'll be voting on the variance first. The applicant is no holding and co represented by Natalie Neri. The property is located at 2200 Southwest 57th Avenue and the request as it is for a site plan and variance to accommodate a warehouse structure to serve an existing laundry service business. The property is located industrial future land use designation with a zoning of M2. Currently the property is vacant. There is a parking area on the site, but no buildings constructed. So you can see here there is an existing business along Southwest 57th Terrace, and then this property directly abuts it with the entrance along Southwest 57th Avenue. And this is a view of the property. You can see there is the entrance to the linen services, laundry services building, and then the parking in the rear. So in consideration of this application, I'm going to review the development standards. The site meets all of the zoning code requirements, minus that side setback that they're requesting. The code requires a 10 foot side setback to structures in this zoning district, and they're resting to have a setback of seven and a half feet. So it's a difference of two and a half feet on both the north and south sides. The total acreage of the site is 5,406 square feet, and the proposed building is 1,497 square feet. They are providing four parking spaces, including one ADA, which meets the minimum requirements for parking. They are providing more than the minimum requirements for previous area for an industrial site. They're also providing landscaping to meet all of the requirements. This is a site plan layout of proposed warehouse. You can see the rectangular warehouse structure and the adjacent parking. They'll have an entrance and exit from Southwest 57th Avenue. There is a rear door to the warehouse where employees will be able to go from one building to the other as needed. And this is the landscape plan. As you saw, the property right now is just paved asphalt. This will be significant improvement, especially for this industrial area. A lot of the buildings in this area have zero setbacks on some side. They have, you know, the area, the lots completely covered in asphalt with no landscaping or very minimal. They are providing one oak tree, three palms, two murals. and 16 shrubs. There is existing Klusia hedge along the Northern property line. So you'll see this pretty lush for this zoning. This is the North and South elevations. This is what the view from the adjacent properties. And then that east elevation is what you're going to see from 57th Avenue. So it's the front of the building. You see it has a bay for deliveries as it's going to be main warehouse storage. And then that west elevation is the back of the building that's going to face the back of the other building that's used by this company for operations. Okay, so our recommending approval of the site plan and the variance. I'm going to go through with you the criteria that was for variance requests. And again, that variance request is two and a half foot reduction in the required to put setback along both the north and south property boundaries. So variance standards. One, the subject property has unique special conditions not applying generally to other parties in the same zoning district occasion the necessity for the pitching variance. The subject property is a narrow 50 foot wide property. The proposed warehouse will be only 30 feet in width if proposed site plan adhered to required setbacks. In order to accommodate the necessary parking at the front of the property, The building is already limited in size. There is no opportunity for on-street parking in this district, so park spaces are a necessity. Two, the development resulting from the granting of such a variance shall be in harmony with the policies embodied with the city's comprehensive plan. The proposal increases space for an existing business within the city of West Park. The further expansion of this business is in conformance with the industrial future land use category of the city's comprehensive plan. The granting of a such variance shall be consistent with general purpose and intent of the city's comprehensive plan and the applicable zoning district regulations governing the property on which approval is granted. The variance being requested is consistent with the general purpose and intent of city's comprehensive plan and zoning codes. The proposed reductions are limited to the setbacks and are otherwise consistent with the general intent for the development standards. Four, the granting of such a variance should not adversely affect the use or development of neighboring properties in accordance with the AVAIL zoning district regulations. It shall not hinder or discourage appropriate development and use of adjacent or nearby land and or buildings or impair the value thereof. It's compatible with the neighborhood and will not substantially diminish or impair property values within the neighborhood nor be otherwise detrimental to the public safety and welfare. This proposed variance will not negatively affect the use or development of the neighboring properties. The proposed reduction still contain landscaping as buffers and are otherwise consistent with the general intent for the landscaping buffers. 5. The literal and strict enforcement of the applicable provision of Tier 42 zoning or other provisions of this code would result in undue or unnecessary hardship to the applicant and would deprive the applicant of rights commonly enjoyed by the owners of other property in the zoning district. Literal and strict adherence to the district regulations in after 42 the city zoning code with the owners development of the proposed state in relation to the rights currently enjoy other existing properties in this district which enjoy zero landscape bus buffers plus other non-conforming regulations Six, the granting of requested variance will provide substantial justice and not be contrary to the public interest as reflected in the applicable regulations. The proposed variance provides substantial justice by allowing the owner to enjoy the same development use of his site or her site as those of the surrounding properties. While respect public interest laid out in the applicable regulations, the zoning district may...

What she's reading is not what's on the display. Yes.

Yes, that's correct. It's what's contained in the staff report. It's in the memo.

It's in the memo.

Yes. So I'm just going through the criteria. I'm going to get to this in a moment, but I wanted to go through all the specific criteria for the record because that's what my decision.

So will you be reading that as well?

Yes.

Okay.

Yes. I know it's a lot. But for the record, I think it's important to go through the criteria about how the staff reaches decisions.

Thank you.

The granting of the requested variance will provide substantial justice and be contrary to the public interest as reflected in the applicable regulations. The proposed variance will provide substantial justice, allowing the owner to enjoy the same development of use. I think I said that one already. Sorry. Seven, the need for the variance does not arise from the conditions which are personal to the owner but instead relate to the uniqueness of the property. The proposed variance is a product of the site's narrow configuration and adherence to parking regulations for the zoning strict. Eight, the alleged hardship is not self-imposed by the owner, prior owners, or by any person having an interest in the property and does not result from the actions of the applicant prior owners or anyone having an interest in the property. The proposed variance is not self-imposed through actions of the current owner, prior owners or anyone having interest in the property, rather the points described in the above reference criteria. Nine, the variance granted is the minimum variance necessary for the applicant to make reasonable use of the property. The proposed variance is the minimum variance necessary for the applicant to develop the reference property as intended. Ten, the hardship has not been deliberately or knowingly created or suffered to establish a use or structure which is otherwise consistent with the city's comprehensive plan or this code. The proposed variance has not been deliberately created to establish a use or structure which is not consistent with the comprehensive plan or code. Eleven, an applicant's desire or ability to achieve greater financial return or maximum financial return from this property shall not constitute a hardship. proposed variance is not financially driven, but required to provide appropriate adherence to the zoning regulations for the district. 12, granting variance application conveys the same treatment to the applicant as to the owner of other lands, buildings, or structures in the same zoning district. The proposed variance application conveys the same treatment to the applicant as into other sites, buildings, and structures in the same zoning district. So, We're recommending approval of the site plan and various subject to the following conditions. And now I'm going to go through additions of approval. One, all landscape along Southwest 57th Avenue must be installed and maintained to allow for clear lines of sight for vehicles entering and exiting the property. Parking spaces shall be permanently striped and seal-coated, including ingress and egress markings in accordance with the city code. Parking of vehicles in drive aisles and unmarked areas, swales, and other right-of-way areas is not permitted with this approval. Violation of this condition shall result in a penalty including a not limited to 500 per incident or revocation of business tax license. The final grading and drainage site design shall be submitted at the time of building permit application and in accordance with Broward County's surface water management requirements. Plans shall ensure the site is in compliance with all on-site stormwater mitigation and drainage requirements and all drainage will be contained within the site and not drained to the street. A stormwater prevention plan will be required for construction projects that disturb more than one acre of developed or undeveloped land. The owner slash contractor, where applicable, shall amend and strictly adhere to all necessary best management practices in accordance with NPDES requirements. Landscape areas must be maintained at all times during operation, ensuring the landscape buffer is in good condition and in a manner which provides adequate screen. Banner and pennant signs shall be prohibited. Violation of this condition shall resolve the penalty, including and not limited to 500 per incident or revocation of business tax receipt license. Flags shall be prohibited unless on a flagpole. Violation of this condition shall resolve the penalty, including and not limited to 500 per incident or revocation of business tax receipt license. All signs on the property shall comply with the code. An application for a signed permit shall be submitted for approval. Prior to the issuance of the certificate of occupancy, the property owner shall record this adopted list of conditions at the Broward County Records, Taxes, and Treasury Division. All outstanding fees fines to include enforcement, fire fees, stormwater fees, solid waste fees, business tax receipt fees, and permit fees shall be paid before any building permit or certificate of use or business tax receipt is issued on the property if they exist. Again, we're recommending approval. The applicant and their representative is here if you have any questions for them. I'm also available for any questions. Thank you.

Thank you. The applicant may present whatever sworn testimony he or she wishes, including which items on the staff report the applicant objects to. The applicant agrees with the remaining items. Please state your name for the record.

Natalie Erie.

Okay. Do you have any witnesses you wish to present at this time? No. Do you agree with the findings and recommendations of the city staff? Yeah. Are there any interested persons from the public who would like to divide this time? All right. Seeing none, this matter will now be turned over to the city commission for liberation. However, before doing so, has any commissioner had any ex parte communications with the applicant or any of their witnesses? If so, please disclose the nature of the communication at this time. No. All right. Mayor, vice mayor, and commissioners, the matter is now turned over to the commission.

Madam Mayor? Yes. Motion to approve.

Mayor?

Yes.

I have questions.

Well, we can second it and then we can answer questions and then go from there.

I'll second.

Thank you. Okay. What's your question?

So where is the comprehensive plan for the city? And when was the last time that was reviewed and updated?

What do you mean about where? Where is it? Would you like a copy of it? We have it in City Hall.

It's not online anywhere?

I don't believe so.

Okay, it should be for transparency. But yeah, I don't have a copy. I've never seen a copy of a comprehensive plan. When was the last time was it updated?

I believe it was updated in 2023 or 2024. I'd have to get you the exact date.

Any other questions, Commission?

I do. I was writing. So as far as the comprehensive plan, you said that this is conducive to the comprehensive plan of the industrial zone. One of my concerns is the fact that we also have a laundromat. This is going to be a laundromat, correct?

No, ma'am.

What type of facility? Because I thought you kept saying that it was going to be a... Would you like the applicant or myself to explain?

Either.

She can explain.

It's a commercial laundry service.

Commercial laundry service.

So basically, it's not open to the public. It's not open to the public, so it's not a laundromat. So we tend to confuse that. We service hotels, restaurants, medical centers, hospitals. We service several party rental businesses in West Park. We also provide free rags to existing auto body shop. We deliver that to them. We wash some of their uniforms as well. So that's basically what we do. Okay.

Now, how many people does it take to run the establishment? Will it provide any local employment opportunities?

Absolutely, yes. That's why I want the, we want to have the warehouse and because we're having all our extra linen that we provide, whether this is or to our existing clients. We have it stored in a section at the laundry, but it's not enough because by the grace of God, we're growing. So the best thing for us to do is to store it in a warehouse that's on site. Currently, we also rent space and our storage, but Okay. Okay.

And so when you say employment opportunity, what is the capacity for need of employees?

So currently we have a lot of our employees that are resident of Wessex, neighbors. The warehouse would add about 15 to 20 more. Okay. Because we have different shifts.

Okay. That's awesome. I like that. And I know that there's opportunities for individuals within the community to ask me about job opportunities all the time. They come all the time at the laundry.

I'm sorry? They come all the time at the laundry to ask us for work.

Oh, okay.

So you get it too, right? Yes.

So hopefully this will provide opportunity for about 15, 20 more jobs in the community.

Yes. And the auto body shops love us because We don't charge for the rags. The rags comes from our customers. Whenever we wash, for instance, the towels, and they have a little stain here and there, then we don't throw it away. We also give out to Habitat for Humanity. Habitat, nice. We recently helped with the Venezuela earthquake. They came and got a lot of our linens. We always have towels.

So you have a bad component to that. Absolutely.

We have our section.

All right. Thank you so much for your responses. I appreciate it. Thank you.

Any other questions? Anything else from staff? Some motion on the floor in the second.

Vice Mayor Joyce.

Yes.

Commissioner.

Yes.

Commissioner Tusson. Yes. Commissioner Brennan-Smith. Yes. Mayor Brunson.

Yes.

Motion passes.

Thank you. God bless you. Thank you. You're welcome.

Thank you. Next item.

A resolution of the City Commission of the City of West Park, Florida, approving a site plan approval pursuant to Part 2, Chapter 20, Article 4 of the City's Code of Ordinances and Title Site Plan Procedure and Requirements relating to a laundry service business located at 2200 Southwest 57th Avenue, West Park, Florida, providing for adoption of presentations, providing for an effective date.

All witnesses who intend to give sworn testimony, please be sworn at the time.

Do you say the truth holds true and nothing but the truth?

Yes.

Thank you.

All right. Would staff please briefly describe the nature of this agenda?

Yes. As I previously stated, this is an application for a site plan approval for a small warehouse structure in the industrial zone. THIS PROPERTY MEETS ALL OF THE DEVELOPMENTAL STANDARDS REQUIRED FOR STRUCTURE IN THIS ZONE MINUS THE VARIANCE WHICH THEY WERE GRANTED SO NOW THEY'RE CONSIDERED TO BE IN FULL COMPLIANCE OF DEVELOPMENT STANDARDS. I PUT UP THE FRONT ELEVATION AGAIN SO YOU SEE how nice this building will be and what a nice addition it will be to the zoning district. I'm going to go through the conditions approval again. The same conditions are going to apply to this resident as well. uh... one all landscaping along with west fifty-seventh avenue must be installed in the team to allow for clear lines paper vehicles entering and exiting the property parking spaces shall be permanently straight and steel coated including ingress and egress markings in accordance with the sea code parking of vehicles in drive i don't know the unmarked areas swells in the right-of-way areas is not permitted with this approval Violation of this condition shall result in a penalty including and not limited to 500 per incident or revocation of business tax receipt license. The final grading and drainage site design shall be submitted at the time of building permit application in accordance with Broward County surface water management requirements. Plans will ensure the site is in compliance with all on-site stormwater mitigation and drainage requirements and all drainage contained within the site and not drained to the street. A stormwater pollution prevention plan will be required for construction projects that stir up more than one acre of developed or undeveloped land. The owner slash contractor applicable shall implement and strictly adhere to all necessary best management practices in accordance with the NPDES requirements. Landscape areas must be maintained at all times during operation. In short, landscape buffer is in good condition in a manner which provides adequate screening. Banner and pen lines shall be prohibited. Violation of this condition shall result in a penalty, including not limited to $500 per incident or revocation of business tax receipt license. Flags shall be prohibited unless on a flagpole. Violation of this condition shall result in a penalty, including not limited to $500 per incident or revocation of business tax receipt license. all sign the property shall comply with the code, and application for a sign permit shall be submitted for approval. Prior to the issuance of the certificate of occupancy, the property owner shall record its adopted list of conditions at the Broward County Records, Taxes, and Treasury Division. All outstanding fees filed to include code enforcement, fire fees, stormwater fees, solid waste fees, business tax receipt fees, and permit fees shall be paid and settled before any building permit or certificate of use where business tax receipt is issued to the property, if any exist. Again, we are recommending approval of the site plan subject to those conditions. I'm here for any questions, as is the applicant.

The applicant may now present her sworn testimony here. She wishes, including which items on the staff report the applicant objects to and whether she agrees with the remaining items. Please state your name for the record.

Natalie Noreen.

Okay. Okay. Do you have any witnesses you wish to present this time?

No.

Okay. Do you agree with the findings and recommendations of city staff? Yes. All right. Are there any interested persons from the public who would like to testify at this time? All right. Seeing none, this matter will now be turned over to the City Commission for deliberation. However, before doing so, has any commissioner had any ex parte communications with the applicant or any of their witnesses? If so, please disclose the nature of such communication at this time. No. No. Mayor, Vice Mayor, and Commissioners, the matter is now turned over to the Commission.

Commission, what's your pleasure?

Madam Mayor, motion to approve.

Vice Mayor, second. Any questions?

Roll call.

Commissioner Touchstone?

Yes.

Commissioner Brandon Smith? Yes. Vice Mayor Joy Smith? Yes. Commissioner Beard?

Yes.

Mayor Burns, yes. Motion passes. Congratulations.

Congratulations. Thank you very much. You have a blessed evening. Looking forward to hiring more people. Yes, yes.

Thank you for the job opportunities.

Next item.

A resolution of the City Commission of the City of West Park, Florida, approving a special exception pursuant to Part 2, Chapter 8, Article 2 of the City's Code of Ordinances entitled Variances and Special Exceptions Related to an automobile repair garage located at 5926 Southwest 25th Street, West Park, Florida, providing for an adoption of limitations, providing for an effective date.

Will all witnesses who intend to give sworn testimony stand to be sworn at this time?

Please raise your hand. Do you saw me tell the truth, the whole truth, nothing but the truth? Yes. Thank you.

Would staff please briefly describe the nature of this agenda item?

Good evening. This is an application for a special exception for an auto repair business. Steve's transmission as represented by Kevin Skop. The property is located at 5926 Southwest 25th Street. The total site size is 13,224 square feet. It is located in the transit-oriented corridor. It's a one-story commercial structure built in 1972. I'm going to go through with you the criteria used for special exception applications. One, the use is compatible with the existing natural environment and their properties within the vicinity. The subject property has historically been used as an automobile repair business, and there are similar businesses along Southwest 25th Street. Many of the businesses in this area are occupied primarily by other auto-related service or industrial uses. The proposed use is compatible with other properties within the vicinity and poses no effect on the surrounding natural landscape. This site has been an auto repair business under different names since before the city was incorporated. Why this isn't brought now as a special exception is because the property was operating legally and appropriately as Steve's transmission. The owner unfortunately passed away and some of the bookkeeping, record keeping was a little bit in disarray. The son has taken over the business and is working towards bringing everything into compliance. So for a two-year period, the property did not have the appropriate BTR while this transition was happening. And because there was never a previous special exception, And they did not have the ability to apply for a legal non-conforming because of that two-year gap in the BTR is why we're bringing them as a special exception. So we do not foresee any additional nuisance or issues in the neighborhood because the site has historically been used for an auto repair business. Two, there will be adequate provision for safe traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use. Four parking spaces including one ADA space is provided for employees and customers. The business is not adding any new nuisances or hazards to the area. The applicant is encouraged to work with the city staff to determine if space is available for additional parking spaces. Three, there will be adequate setbacks, buffering, and general amenities to control any adverse effects of noise, light, dust, or other potential nuisances. The uses surrounding the site are primarily commercial and of the same intensity as the proposed. Four, the land area is sufficient, appropriate, and adequate for the use as proposed. The subject site is sufficient, appropriate, and adequate for an automobile repair use as proposed. Five, the proposed special exception use shall disclose the square feet of use sought for approval so that an adequate evaluation can be made of the special exception use in keeping with the standards and criteria of this ordinance. Should any special exception use seek to expand in size, the extent of expansion shall undergo special exception use review as provided in this ordinance. That is confirmed they have provided the square footage. Six, conditions may be stipulated and made a requirement in granting any application for a special exception when it is found the City Commission to be necessary to further the purpose of the zoning district or compatibility with other property within the vicinity. The applicant will attempt to satisfy conditions stipulated, which I will go through with you in a moment, as required by the City Commission to be necessary for zoning purposes to grant application for a special exception. This is the location of the property. You can see it's pretty close to State Route 7 along Southwest 25th Street. This is the front view of the property. There's a front elevation. You can see the sign that has been there, and then another aerial image of the location. This description was provided by the current owner and operator. Steve's Transmission first opened stores in 2009 at a different location, specializing in transmission repair automotive services. They have worked hard.

Mayor, it's required to be read into record. What is this?

I don't, it's not required to be read into record.

Can we move on to what's required so that we can get forth with the rest of our agenda, please?

But this is a part of the presentation.

Well, Mayor, we need to read everything that's up on the presentation. Because we are, it's a point of order issue. Let's get through what is required for the quasi-judicial issue.

And again, this is a part of the presentation. If you could summarize some of it.

I'll just bullet point it for you. It's what I said previously. They were at a different location. They moved to this current location. And unfortunately, the father, Mr. Scott, became ill and passed away. And that left the business in somewhat of a disarray. And they did not complete the necessary paperwork. And now they're looking to come to full compliance, which brings them here. The previous owner's son Kevin is here with us this evening and is looking forward to continuing his father's legacy. This is a survey of the property and this is a site plan. And we are recommending approval of the special exceptions subject to the following conditions, and I do need to read these. Conditions of approval. The use of the site should be limited solely to this use and this applicant. No automotive work may be conducted outdoors. Violation of the condition shall result in a penalty, including a not limited to 500 per incident or revocation of business tax receipt license. No vehicle sales shall be permitted on site. Violation of this condition shall result in a penalty including and not limited to $500 per incident for revocation of business tax receipt license. Illegal roofs, canvases, and other shading devices shall be removed. Demolition should be required prior to removal. Parking vehicles in drive aisles and unmarked areas is not permitted. Violation of this condition shall result in a penalty including not limited to $500 per incident or revocation of business tax for seat license. On-site vehicle inventory shall be limited to the number of display parking spaces, no more than 15. As identified on the site plan to be submitted with a certificate of use application, the loading or unloading vehicles, equipment, or supplies within the right-of-way is prohibited. Violations and conditions shall result in a penalty including not limited to $500 per incident or vacation of business tax receipt license. Under no circumstances will spillover parking onto adjacent street alleyways, swales, and properties be allowed. Violation of this condition will incur a 500 fine per incident. Continual violation shall result in a potential loss of business license. Existing exterior building is required to be repainted as needed to achieve compliance with the city's color palette for the transit-oriented corridor system. zoning district as required in section 42-329 of the city's code of ordinances. The building facade must be in good condition and all necessary repairs made prior to the issuance of a certificate. Banner and pennant signs shall be prohibited. Violation of this condition shall result in a penalty including and not limited to 500 per incident revocation of business tax receipt license. Vehicle signs prohibited, and there should be no advertising on vehicles within the swale area. Violation of this condition shall result in a penalty, including a not limited to $500 per incident or revocation of business tax receipt license. Flags shall be prohibited and on a flagpole. Flagpole must be properly installed with a building permit. Violation of this condition shall result in a penalty including and not limited to 500 per incident or revocation of business tax receipt license. All signs on the property shall come by with section 42-531 general requirements for permanent signs. A sign plan shall be submitted for approval. Violation of this condition shall result in a penalty including not limited to 500 per incident or revocation of business tax receipt license. The site plan submitted at this time of certificate of use shall identify the location of either dumpster or waste receptacles. If a dumpster is located at the property, a dumpster enclosure located on site in compliance with section 42-424 is required prior to issuance of certificate of use and business tax receipt. Again, we are recommending approval. The applicant is here if you have any questions for him, and I am also available.

The applicant may now present whatever sworn testimony he or she wishes, including which items on the staff report the applicant objects to and whether the applicant agrees with the remaining items. Please state your name for the record.

Kevin Skopp. Everything is good.

Okay. Do you have any witnesses you wish to present at this time?

No, thank you.

Do you agree with the findings and recommendations of the city staff? Yes. Are there any interested persons from the public who would like to testify at this time? All right. Seeing none, the matter will now be turned over to the City Commission for deliberation. However, before doing so, has any commissioner had any ex parte communications with the applicant or any of their witnesses? If so, please disclose the nature of such communication at this time. All right. Mayor, Vice Mayor, and Commissioners, the matter is now turned over to the Commission.

Commission, what's your pleasure?

Madam Mayor?

Yes.

Motion to approve.

Second. Any questions? Yes, I do have a question of staff. So what is the time rating or time limiting for doing a non-conforming use review? Do we have a time frame of which we are allowed to do a non-conforming use review? What's the policy?

Yeah, it's six months. Once you're on six months, then you can no longer apply for a legal non-conforming use certificate.

So where is that policy located, and may I have a copy of it for review?

It's in the Code of Ordinances under the non-conforming uses.

Can you provide it to me, please? And the reason why I'm asking is because I think that in situations like this where someone is a boss, a loved one, and maybe there was time lapse that he had to go through probate to even be able to conduct this, that his father formerly did. I don't think that... You know, it should have eliminated the possibility of doing a nonconforming use because it's the same exact business as it was before, the same exact name, nothing changed but the fact that he inherited the business after the demise of his father. And I want to just provide my sincere condolences because I know that your father was a business owner in this community for decades. And I was aware of his passing, so I want to offer my condolences to you in that regard. Thank you. But other than that, I think that if this is a one-off situation, and other businesses that face this where it was the previous owner that died and things happened to get caught up in the legal ease of everything as far as probate and getting everything lined out, that we may look at extending that. nonconformance review beyond the six months for waiting circumstances. Policy or the ordinance doesn't allow for that, is what you're saying?

At this time, it does not allow for extenuating circumstances.

Okay. Do you have that ordinance number?

It's Article 4 in Chapter 42, Zoning that Conforming Uses and Structures. It's Section 42-142 that goes over discontinuance, destruction, or abandonment.

And you said it's in Section 4 of that particular?

Section 42-142. All right.

So where is the ABC? Where exactly? In what paragraph?

So A talks about nonconforming of the land and then nonconforming use of the building or structure. So for the nonconforming use of the structure, it's continued for a period of six months or more. Mm-hmm. They didn't have a legal BTR, a two-year period. And we didn't have, they never had a special exception preview. If they had a special exception, we would have allowed them to continue.

But it didn't need a special exception because it was operating in that vein prior to us even being established as a city, right?

But they had never done any paperwork. And then there was that lapse in time. for the BTR, they didn't have that for that two-year period, and so they didn't have anything to previously rely on.

Right, so I don't see that in the ordinance that you provided, that that means that they would not be able to do a non-conforming use. It says, so if they were, what would have made them non-conforming if they were allowed to be existing as they use. Right.

So because it's the TLC, right? So the TLC.

Because we changed the zoning now they have to go through a special exception.

Yes.

Even though it was already existing as that prior to that.

It had been existing as an auto repair business for many- Decades. I don't know exactly when it started, but for many years. And we allow folks who've had the use identified to come in for a certificate of legal nonconformity, which is its own process and you have to have proof. One of the things we use for that is this BTR, is the business tax receipt. When the BTR is, there's a gap in time, and in this case it was two years, then we don't have those records. And there had never been a certificate of legal nonconformity done for the property and they had never had a special exception. So by coming now for this special exception, now they're able to use the property and they have clear permission from the city to do so and get a new BTR for the business. And then the city is able, through the certificate of use process, to do inspections to make sure everything is up to current code, review their site plan.

Okay. Is there any internal policy that you have as far as what guides you on how you go about the nonconforming use review?

We use the zoning code. that's laid out in this section. So this is about discontinuance, but then above it, it has more information. I mean, it's a longer section about what we're looking for, what qualifies.

OK. What section number is that?

Well, that's all in Article 4. All of Article 4 is about nonconforming uses. So it begins in 42-139 and then continues through 42-145.

Okay, you said 42-139 through what?

Through 42-145. Okay.

And the reason why I'm going through this exercise is I think that we need to do better in regards to these type of circumstances. There's a different cost associated with doing a non-conforming use for you versus a special exception. And I just think that it was just asinine for the same exact business structure it was prior to his father passing. For him to have to pay whatever he had to pay to just get this done, you know, I think that it wasn't a good faith effort on the city part to be business friendly. And those are my two cents.

Any other comments from the commission? I BELIEVE THERE WAS A MOTION AND A SECOND.

CORRECT.

ANYTHING ELSE IF NOT, ROLL CALL.

VICE MAYOR JOY SMITH.

YES.

COMMISSIONER AVIAR.

YES.

COMMISSIONER TESTER.

YES.

COMMISSIONER BRENNAN-SMITH. YES. COMMISSIONER BRENSON.

YES.

MOTION PASSES. THANK YOU. THANK YOU.

THANK YOU. MOVING TO THE NEXT ITEM, ORDINANCES FIRST READING.

The ordinance amending Chapter 42 of the City of West Park Code of Ordinances entitled Zoning, specifically amending Article 2, Section 42-34 entitled General Definitions to delete the definition of used vehicle sales and clarify that the definition of vehicle sales and rentals means both new and used vehicles to amend sections 42-231 entitled permitted uses to clarify the list of legally operating vehicle sales and pawn shop locations to clarify section 42-232 to specifically state that all pawn shops not included on the list of eligible list of pawn shop properties shall be pivoted. to amend Section 42-19 entitled Nonconforming Use Establishment to declare that nonconforming users shall not apply to pawn shops and new and used car sales subject to special exception, providing for severability, providing for inclusion of code, providing for an effective date.

Mayor? Yes. I want to approve for discussion. Second. Second. I don't like the idea that we are saying that the non-performing use does not apply to the use of car dealerships and pawn shops. I'm also going to echo the sentiment that if it is our goal to make good on the prime of the TOC, we're going to have to look at the language of allowing these type of businesses in perpetuity. I think that if we are going to allow them currently to operate in perpetuity, then we should allow for them to have a non-conforming use review and not necessarily have to go through the special acceptance process every time that they have a new ownership. The only way that the businesses would cease to exist is due to the abandonment clause that we add into the ordinance. of not functioning as a business for six months, and that's independent of heading at the VTR. So I would like to also get an update on what are we doing to ensure whether or not businesses are actually acting in that vein for that six-month period. And I say this because there's a used car lot on Hollandale Beach Boulevard that seems to have been abandoned for over six months. They've had a for lease sign on there for greater than six months, and I want to know what actions are we going to take to enforce the abandonment call for these type of businesses.

Yes, Mr. Becker.

If I may, I would ask that we allow the planning director to make the presentation in the process to follow up with other questions. So it can help to clarify and give details to the commission on what actually is being presented and how so we can know the detail of what is being considered.

All due respect, Mayor, this is the second time that this first, well, more than the second time this first reading has been coming back to us. This is one of the things that we have provided feedback on on our last meeting on August the 5th. So is there something changing in the presentation?

Mayor, if I may, for the benefit of the entire commission, I see where the commission was within the other five. I understand it just belabors the time.

You're going to ask a question. Allow him to answer, please. He's not.

Well, Mayor, all due respect, he's not answering. He's asking to have staff do the presentation instead of answering my question.

Okay. Can we ask a question?

Hold on. Mayor, so if you would like my questions to get answered, then I would like that very well too instead of having a presentation. So I would like my concerns addressed instead of having a presentation.

Continue.

Continue what?

Go ahead with the presentation, please.

It's crazy. I asked for my questions to be addressed, not for a presentation. Okay. I have very specific questions. I don't need a whole entire presentation. I need my questions addressed.

I believe what the manager just said was to have the opportunity to do the presentation, your questions may be answered throughout the presentation.

Right, but we don't have to agree to that. Wait, Madam Mayor? Just because the city manager is asking permission of the commission to allow that, the commission does not have to agree to allow that. That's what you're not understanding. Everything that the city manager wants is not necessarily what the commission may desire.

Commissioner Smith.

Yes, Madam Mayor, I would chime in that. But the presentation is for the benefit of not just you, it's for the entire commission and also the public. It goes along with what you requested even on prior items. to have full transparency and disclosure about what, you know, what we're deciding upon so that we make informed decisions. So for the entire benefit, for the benefit of the entire commission, you know, you can't just, you know, it'll be, it'd be inconsiderate to just say, the information that can be provided to us in order to inform decisions just because you don't want it.

I agree. But what I'm saying is if a commissioner is asked an appointed question, it deserves the respect of getting a direct response, not trying to be thrown off as to say the presentation is going to answer it because it's not going to answer it. We saw this presentation several times before, and I still have the same questions. So why did my responses need to be delayed for a presentation? Why not answer my responses immediately? and then go forth with the presentation. I will let my responses answer first.

In the process of addressing, making my comment, I'm going to address also Commissioner Avery's comment.

It is my belief

And that in the process of answering this question, process of making this presentation, the planning director will answer the question. In addition, the commissioner mentioned, which was part of what I was going to talk about, this was presented back in August 5th. The entire commission wasn't here. For the liberty of making sure all the entire commission members hear it, and the conversation, and there are some other things in here that needs to be made clear. Just like Commissioner Smith said, in addition to people understanding exactly what he's doing, but also, I appreciate the fact that you prepared for it, but I want everyone also to be part of it, because every commission wasn't. And I certainly want your questions or your opinion to be considered. And in that process, I'm going to ask the planner to do the same while making that presentation.

Right. But the motion to approve was for it to allow for discussion. As one of the commissioners raised the question, I would like my question addressed first. And then we can go forth with any presentation. It's a point of order. I ask the question. the city manager offered to do a presentation without answering my question. Point of order, why is he interjecting, Mayor, when I have the floor? That's rude and disrespectful. He's interjecting while I'm talking and I have the floor.

I need everyone.

So can you finish your statement and then we'll have Mr. Balagon respond. Did you...

Well, I wanted to have my questions addressed first prior to a presentation. I'm not against a presentation being done, but when the commission has motion and second for discussion and the commissioner presents a question, we should not allow the city manager to just do away with what the committee asked. He should direct the staff to address the question, and if he wants to forth with the presentation thereafter, that's fine, but don't try to throw away what I've asked as a question first.

May I? Yes. It was never intent to throw away any questions. In fact, your question or comment, the way I'm seeing it here was specific to a particular property. It seems to have been abandoned. So that's why I believe if this is clearly presented, it will come to the point where you get it. But we don't have any problem addressing questions, but you had specific item that says, and I'm looking at the notes here, something about abandoned property over somewhere. How do we monitor what property is being gone over months and how we do the details? That important parcel of what we've addressed in this process. So that's why I said, where you can then see how the process is. Screen enforcement and planning. they consistently monitor those things and even put, they let us know even in staff and they document it. I'll give you an example, since you brought an example. There was a property, there's a- Point of order, Mayor. Well, to say, I'm trying to answer your question. The same county line road, I'm being interrupted at the same time. So it's very difficult, Commissioner. Well, I have a point of order. I'm being interrupted. I'm trying to answer the question. The same way we address this abandoned property, I have a point of order.

The point of order stops everyone from talking.

So I understand that. You ask him a question, let him finish. I have a point of order. What's your point of order?

My point of order is that that was not the question that I asked.

Can you clarify what your question is? Thank you so much for allowing me that.

I asked specifically, why can't the existing properties go through a non-conforming use? In the presentation of what the resolution involved, it says that they do not qualify for nonconforming use. So my question was, why can't they be allowed to go through a nonconforming use process if we are going to allow them the opportunity to operate in those businesses in perpetuity? That was my question. Thank you.

you proceed yes so the reason that can't happen right now is because this ordinance specific to car dealerships and pawn shops says it has to go through the special exception so the regulation right now under the zoning code based on that ordinance from 2019 says that car dealerships and pawn shops as listed on that that list we always refer to have to go to special exception they do not have the option going in applying for a certificate of legal nonconformity.

But now that we're considering to change the ordinance, we can change that part of it to allow them CAPABILITY OF GOING THROUGH A NOT CONFORMING USE REVIEW, CORRECT?

SO WHAT I WOULD SAY IS THAT THE PURPOSE AND INTENT OF THIS ORDINANCE THAT WE'RE BRINGING BEFORE YOU IS SIMPLY ONE OF CLARITY. TO ADJUST IT SO IT'S JUST MUCH CLEARER BECAUSE WE HAVE A LOT OF CONFUSION WHEN PEOPLE COME AND APPLY AND MISUNDERSTAND WHAT'S IN THE CODE. IF YOU'RE LOOKING TO ACTUALLY ALTER THE RULES, I THINK THAT THAT WOULD BE A DIFFERENT ORDINANCE AND WE WOULD NEED THAT DIRECTION FROM THE COMMISSION AND BRING YOU BACK SOMETHING DIFFERENT.

RIGHT. Ordinance possesses specifically as that the non-conforming is not allowed so just making the Considering the recommendation of staff we can also change Whatever it is that we as a commission may decide to change while we're reviewing this it doesn't have to come back It's the same ordinance so if the committee was to say I Well, we want to strike out the fact they have to go through a special exception, or we want to change the fact that they aren't eligible currently in the language for a nonconforming youth review. We can provide that opinion for you to bring back on the second reading.

So, I mean, I would defer to the city attorney about the reality of that. But what I would say is this has been advertised in the memo and the backup materials that we've provided state clearly that the intent of this was to not alter the code. So if somebody wanted to speak on that, they wouldn't be present this evening.

This is not a public hearing portion. We own the second one. So any recommendations that we want to change during the first reading, the commission has the authority to do that. There's nothing rate limiting. We have home rule. This is why we have this ordinance.

Mayor, if I may.

I got you. Go ahead.

Did Vice Mayor want to? Yes, yes. Go ahead. Go ahead. I'll address that later.

Okay. I was saying this is an ordinance reading, and to my understanding, we can change what we want to change in a first reading of an ordinance. Okay. I don't see where you're saying that it's advertised as is and that's not what I'm I WOULD LIKE TO HAVE CLARIFICATION IN THAT ORDINANCE IS FIRST READING IS CONCERNED.

IF I MAY. YES. WELL, BECAUSE THIS HADN'T ADVERTISED AND THIS IS WHAT THE FIRST READING IS, IF YOU WANTED TO MAKE MINOR CHANGES, THAT IS SOMETHING THAT COULD BE DONE FOR THE SECOND READING. BUT THIS IS A SUBSTANTIVE CHANGE THAT WAS AGAINST WHAT THIS IS ACTUALLY TRYING TO DO. SO THAT WOULD REQUIRE ANOTHER ENTIRE ITEM WITH ANOTHER ENTIRE FIRST AND SECOND READING.

It's my understanding that on the first reading, any changes that we want to make, we can make the recommendations for. I was even advised before that it come back for another first reading and advertise appropriately. So it doesn't have to go to a second reading until we're satisfied with the first reading. So my recommendations will still be to seek. to see whether or not the commission is applicable to the changes in the first reading to be brought back again as a first reading and advertised appropriately. And that's something that we have within our power to do.

For clarity's sake, that is actually exactly what I just said.

What I'm just reiterating, though, I understand. I'm just reiterating so everyone is on the same page that we don't have to go with this first reading. We can make any recommendations that we want to our ordinances in the first reading. you could re advertise it to be brought back as a, another first reading before it goes to a second reading.

Well, that's actually not what I said. You would have to have a new item, which is brought for a first and second reading this as it stated, you cannot change it and still have it conformed to the purpose of this because the purpose changes, which is substantively changing the code in a different way. You'd have to have a new item, which would come for a first and second reading.

I think we're saying the same thing because what I'm saying is scrap this. Let's provide feedback on what in totality we want to do with this ordinance and have it brought back appropriately as a first read of everything that the commission desires. We don't need to make duplicative processes. We're reviewing this ordinance. All the changes to this ordinance we should be able to opine on and it should be able to be brought back and advertised appropriately as a first reading, not to fragment it, make amendments to this portion of the ordinance, bring it back again for another portion to be changed. No. We're going to do it all comprehensively this one time to get it done.

Madam Mayor?

Yes.

That in itself, Commissioner Touchstone, is a different process. And that's what the attorney is saying. That's a really different process because this particular item is only modifying the text amendment, which is basically providing clarity of you know, readability to those who will view this and in turn, you know, follow these guidelines as stated. So it is not changing the entire, it's just making it easier to read and easier to interpret. So it's basically consolidating the language to, or make language more concise, I would say, and just clear up some of the ambiguity in this particular item. So it's not, as the attorney said, substantially changing or altering this particular item. And if we do want to do so, then an entirely different process that is not this particular item, because this item is not changing anything per se to the actual ordinance, except the language that makes it clearer. for people to understand what we're talking about and what's on the list provided of the eligible pawn shops and car dealerships in our city. That's all this particular item is doing. So I understand what you're saying, but that's an entirely different process.

I understand, Commissioner Smith, that that's what this is, but it's ultimately up to the desires of this body what we do with this ordinance and this first reading. Just because it was advertised like that doesn't mean that we can't come back and make a decision to make it a more comprehensive process of making all of the amendments that we want and not fragmenting it. That's what I'm saying. I totally understand what the purpose of this first reading is, but I am putting on the table that I would for us to consider any and all changes all at one time. So just because this is coming before us as a text amendment to make it more clear, I think there's more that we should do to not duplicate the processes of having to come back several times. Let's make it succinct. Let's do it one time and done. The text amendment of making it more clear for those who read it is great, but I think improving the processes... of how we can do business in our city, being more business friendly is also a priority as well. So we have an opportunity to open up this ordinance and explore it, make the changes and the recommendation that we see fit as a body. We should do it, and we should do it one time. Why would we need to have to keep bringing back the same thing when we could do a comprehensive review of changes we want to make to the code general and do it one time? We don't need to be duplicating process for our clerk to have back in to the municipal code and keep editing it every time we edit it. It makes more sense for us to do a comprehensive review of whatever changes we want to recommend to be brought back for us to consider. And I think that that's fair.

Madam attorney, I was going to go to the attorney.

Did you? Yeah. All the manager too.

I wanted to say, um, um, just, um,

Just like in this ordinance, it's not just one section that we are modifying. I see that we amend in Section 42-231, also amend in Section 42-139. So in the same token, from what I'm gathering from Commissioner Dr. Turchton, is that we can also amend Section 2- whatever it pertains to the non-conforming part. So now we can add another section to amend, just as how we're doing it here. We have two different sections that we're amending. So this is the time, based on what I'm gathering from Dr. Commission, that we can amend another section to amend

So no, you cannot actually do that because it has not been noticed for that purpose. But Commissioner Touchstone has already explained that she understands it would have to come back as another item. I think the real issue here is that because this has been noticed for this purpose, as Commissioner Touchstone has stated, you don't have to accept this. You can vote to reject it.

Exactly. You can vote it down.

However, if you want to have what Commissioner Touchstone is suggesting in terms of other changes, that would then come as a different item, which would be brought under future agenda items.

Well, that part is incorrect. That last part is incorrect. It doesn't have to be brought back as future agenda items. And if we're on the topic of future agenda items in our chart, the future agenda items are supposed to come back under non-consent items, not as new business. So if we want to get it right on how things are supposed to be, let's start there. Whenever we are proposing future agenda items according to our charter, it does not come as new business. It's not new business. It's non-consent agenda items. So let's just get everything correct if we want to get everything correct on record. Our charter specifically says that all future agenda items come back as non-consent agenda items So I don't know why the city attorney is allowing our city manager to put future agenda items under new business.

Mr. Balagon, did you have a comment?

Just for clarity, it's even got more, if what Commissioner Eviat had mentioned, you can go in here, just like you amending 43, 42-342 or whatever else, 232, you can go amend this. What we are seeing is a total of hearing, it's a total scrap, Commissioner Eviat. of what is here from allowing, from taking folk that are now doing special exception to now scrap through this entire thing and go for certificate of nonconformity. So which will affect several sections. It will be a totally, totally new and different ordinance from what this is. That's why I wanted this explained, because it doesn't appear, at least from comments made by others on the dais, that at least one person, this is not clear yet of what is the intent of this. And that's why I wanted it explained. Then from there you can choose to do whatever else, but just to know what exactly is being done here. That is very important. And that's what I wanted to, why I wanted to make sure the planet explained what is being done here. And in the process, even go into details, which I think we have to go into detail, what the benefit of this special exception is as opposed to anything else. And then you can decide to do anything else after, but it doesn't appear from this conversation that everyone is clear from commenting on what exactly is going on here. Yes, we added at the last meeting. Again, I'm going to say not the entire commission was here, but that's why it's important for that to be explained because it gives the notion that it's just the same change. This is scrapping all what was done before. It's what appears that we hear. And I will still ask Mayor if she can just present this and let's see. Then we can discuss as to, no, this is what we want. It's not what we don't want. But it's not everyone from the government is made clear what is happening.

So, yes, let's continue and we can come back and ask questions.

Okay. I do have a point to make to the commissioner, but I'll get to that. So I'm just going to go through this, just hit the bullets. The intent of this ordinance that was brought to you by staff was the intent was to provide clarity because, as I said, we get people coming in and they're often confused. about what the process is. And the purpose of this is to provide clarity to potential customers. So one, deleting unnecessary definition, listing the approved locations, because right now that list exists with cities that is not any place else. And so applicants have to come and request. Clearly stating that a special exception is required at the approved locations only. Right now it appears as if they are available within the zoning district whole which is not the not true emphasizing that the use approval is discontinued if the property is unused for a period of six months the requirements restrictions and approval process will not change with this amendment um you're aware history of the ordinance already um the and then the further amendment And this is the list. This is the list we have at that we provide to applicants when they ask about it. In 2024, city commission ordinance 23-04 to amend, again, that original ordinance to to allow an approved location on the original listing to be eliminated if a business use was discontinued for a period of six months. So I know that in the non-confirming we also talk about six months. There's differences there for the structure and for the land, and there's different regulations about how it's being used, portions of the building. That section is a lot more detailed. Here we're just talking about the use as a new use new or used vehicle sales. The amendment was made to the zoning code section 42-232, but it was not referenced in that section about nonconformity. So you came in and you are savvy enough to understand the zoning code, you search for that legal nonconforming section and think, okay, I can apply under that, which you in fact can't. You need the special exception as it exists currently. So that first section that we're talking is under general definitions. Originally under the code, there were different allowances for used vehicle sales and new vehicle sales. It refers to a certain portion of the percentages of the property. That will be condensed into one category, vehicle sales and rentals. It's kind of a universal coverage of whether it's new cars or used cars. The permitted use section will make clear the special exception is only applicable with approved locations, not in the general zoning districts. Prohibited uses section will also be updated to provide specific reference to the approved property list, which is also going to be included. And then there will be a reference in that nonconforming lots uses and structures section to refer people back to 42-231, which goes over the special exceptions. So we're recommending approval of this to provide greater clarity for property owners and businesses. This was reviewed by the Planning and Zoning Board and they have also recommended approval. This is taking you through what the changes are. So you could see used vehicles considered an accessory use is defined by the CHAP, not comprised more than 10% of all vehicle sales premises. It doesn't make a lot of sense anymore because some of these lots are of all different sizes and that list essentially says, they can exist as they were when the ordinance was adopted. So it combines vehicle sales to include both new vehicles And then the master business list, as you can see right now, is SE for special exception. So in those zoning districts, you could get special exception. So people would look and see Equal Sales, oh, I can just get a special exception. But you cannot throughout TOC. It's only in those approved locations. So now it provides a footnote to further explain to people looking at the code. And then here is the full list of the pawn shops and the vehicle sales. And again, the prohibited uses talks also about pawn shops and vehicle sales separately just for added clarity. And again, in the section about nonconforming uses, notwithstanding the foregoing, the provision of this chapter relating to nonconforming uses do not apply to pawn shops and new and used car sales subject to special exception pursuant to section 42-231. Um, so what I'll say about the difference between the special exception and the, um, nonconforming use and the ability to get us nonconforming use certificate is like in the case of the auto repair shop, um, auto repairs are allowed in that district by special exception. You know, they can continue to come back a new business. You know, if Steve's goes out of business and Joe's comes in, they come in for another special exception. even though there's been that two-year gap, they can come in. So staff reviewed it, said, no, you're not eligible for certificate of legal nonconformity. By acquiring them to get a special exception, the applicant can bring that decision directly to the commission. So even if staff looks at an application and says, no, I think it's been more than six months, you are not eligible, we don't feel based on our information that you are eligible, they are still allowed to come request a special exception. Staff may not recommend it for approval, but they still have that pathway to come to you and explain their extenuating circumstance, as you heard from the gentleman earlier. That special exception process allows that review by, you know, in-depth review by the city commission. So I would say that's kind of one of the differences is one is an administrative only process and the other one brings it due and you can make determination, you know, as you see fit and read the criteria to your satisfaction.

You're saying that... The legal nonconformity use is an administrative process?

So to get a certificate of legal nonconformity, it's an administrative process. When an applicant comes in, you know, we check the records, and they provide us whatever documentation they have, and we review it internally. the special exception with the codes says anything that requires a special exception has to stick to the city commission so in this pawn shops and vehicle sales happen for special exceptions so they come before the commission anything and zoning yes first of course would you say um what about the price difference is there a big difference in the price that the customer has to pay Yes, the statute of legal non-conforming is a $1,000 cost recovery fee, and the special exception is up to $3,000 cost recovery. So the cost recovery is based on review time. That's the ask for that payment up front, and then if the amount is not expended during the process, then the money is returned to the applicant.

I had a question. Wait one second, Commissioner.

So the certificate of legal nonconformity, we're generally just looking at the paper recs. We're looking at their BTRs, their tax documents, their licenses, that type of thing. We're not doing an on-site inspection. They are eligible to apply for a certificate of use, and the certificate of use does have that review and inspection process, and like a certificate of use is reviewed by zoning, building, mechanical, plumbing, fire marshal, just as when you receive a special exception, you still have to go for the certificate of use.

Okay, what about other businesses that's not in business, like say for six months or a year, like restaurants, the supply store, because now you say specific exceptions only for like pawn shop and

It varies by zoning district whether you're eligible for a special exception. So the permitted uses table is a table that has all of the zoning districts on you know at the top row and then all of the potential uses you know down the column and you you can see by zoning district what is allowed by right and meaning you can open that business in that zoning district just by coming in and getting your certificate of use and making sure that all of your site and your paperwork is all order. If in the different zoning districts you require a special exception, then you go to the planning board and the city commission to ask for approval before you can do a certificate of use. The special exception process is intended to say we think this use is appropriate in this district but we want to make sure we consider it because there's potential for nuisances right so that's why you see auto repair if it's in certain zones so if you see auto repair has to come for a special option you know auto repair can be cause noise or waste or those kinds. So that's what we're kind of controlling for, any kind of nuisances that this would cause. I mean, I can show you the table if you're interested.

Go back to the old table you showed.

Yeah. I mean, this is only a portion of the tape. Oh, it's not a screen, but Erica, this is only a small portion of the table. The table is very long. Um, with every possible use you could think of, um, mayor point of information. Yes.

So just like when we were talking about amending this and allowing for a conditional or a nonconforming use review, You see how we're reviewing this table where it has the special exception scratch out, right? And we're considering that in this first reading. That's exactly what I'm proposing. As far as the fact that we should be able to decide how the table's looking here, because you're recommending on there to change the table. So, where the used vehicle sales is, you're recommending right now to change it from ancillary to special exception. Where vehicle sales, rentals, or leases in our backup on page 12, you're recommending to keep all my special exceptions for the two areas where it says permitted. you're recommending special exception. So we can make recommendations to say, hey, we don't want it to be special exception at all at this juncture. Like all of that stuff that was being said before, we're considering changing the table from special, from ancillary to special exception. Why can't we provide the feedback if we don't desire for it to be special exception?

Go ahead.

No, it's in the backup on page 12 where we're considering that in the amendment. In the table.

If you take a look at the table, which is in the backup materials, what we're doing, what the table looks like now is what's crossed where it says the special exception. Correct. So what we're referring people to is now there's footnotes. So if you were looking to open a pawn shop, you would go to this table, see the pawn shop, say, okay, see footnotes one, two, and four. And that's what's telling you, you can have a special exception only at, and then we go to the table. And that table then is a footnote. So footnote number four, pond is permitted by special exception only at the locations below. So instead of before it looked like in B3 and C1, you'd get a special exception any place in that district, which is not true. It was not true is not true. You're going to go look at one, two and four. So one uses not a street frontage. And four pawn shops printed by special. So the same thing. We used vehicle sales because it didn't really seem to make any difference. Vehicle sales, whether they're used or new, was all under the same category. So it looked like you could get a special exception any place in B3, C1, the C, M1, and M2, which is really not the case. And so now it's referring vehicle to footnote 5, which then has the list of all the vehicle sales locations.

Let me just clarify what my point of information was because I don't think it was clear. In the exhibit A, where there was text amendments done previously, look at exhibit A in the back. Go to page 12 on a text amendment that we did previously in the past. They changed the text in the text amendment process. They recommended that the ancillary use for used vehicle sales be changed to special assent. In the text amendment, But I was just advised by my colleagues and others that because it's a text amendment, we as a commission cannot advise whether or not we're going to change that. And that's because we have precedence of that. So that's my point of information. How were we able to do what I'm asking to do in this first reading in another text amendment? And we're being told that we can't do it now. That's my point of information. Because we have precedents here that said we did it before. So why can't we do it now?

Go ahead. I mean, I was not an employee when that was passed, but surely that was brought for first reading and second reading as a text amendment. So...

This is a text amendment, right? That we're doing now, correct?

Any ordinance where you're changing the code is a text amendment.

Thank you. So therefore, therefore... So my point of information is my colleague indicated because this is a text amendment, we cannot recommend amendments that I suggested that we do. And that's false.

I'm not sure which colleague you're referring to, but the... Change the entire... The text amendment is the vehicle which you're using to change... To change the ordinance. Right. But this ordinance presented to you now is about clarifying the code. Exactly. If you, whereas that's written, it says the intent is to clarify the code. If you're offering something to change the code, to change the requirements, that would be a different text amendment.

That's exactly what I said. And this is what I'm desiring to do. I don't want us to belabor having a conversation on this. I would like for us to be able to bring this back as a first reading allowing for the changes that the commission desires.

I have a question. So go ahead. I have a question. Go ahead. OK. So you're saying that in first reading, we can't change nothing. What can we do in the second reading? Because what I heard before, when it comes to the second reading, we can change.

We can change it in the reading.

But I believe we can change it in other reading. It says down here, we are text amendment revised. actually listed in the memo and it's also listed in Exhibit D. So what's the purpose? You just got to clarify just to say what? THIS IS WHAT IT IS. IT'S THERE IN THE CODE ALREADY. RIGHT. SO WE NEED TO CHANGE IT BECAUSE THAT IS THE PURPOSE FOR REVISING THE ORDINANCE AND TEXT AMENDMENT. MEANS THAT WE NEED TO CHANGE. SO I DON'T UNDERSTAND WHY IS IT THAT WE'RE NOT SUPPOSED TO CHANGE IT.

MAYOR, IF I MAY. YES. LEGALLY YOU CANNOT AMEND WHAT IS IN HERE IN A WAY AND CHANGE THE TEXT IN A WAY THAT'S INCONSISTENT WITH NOTICED PURPOSE AS She was saying what's in the whereas clauses as to why you are bringing this forward. You can change things as long as it's consistent with the notice purpose or what this is brought forward as. If you want to do something that is outside of that purpose, it would have to be another separate item.

So re-notice this same item. It can be re-noticed with the amendment. Madam Mayor. So that's common sense that can be renoticed with with the amendment change. That's what why we're here.

So I'm going to have Commissioner Smith speak. But one of the things that we need to understand is our attorney is here for a reason. If she gives us legal advice, then it proves us to take it.

Commissioner Smith.

Commissioner Smith.

And to what both Commissioner touched on and Vice Mayor Joyce Smith was saying, no one is objecting to what we bring it back as. We're saying it's a totally different process for that. We're not objecting the fact we brought back as something else if we desire to, but the process for doing that is not now with this particular item. Because as we said, it's only simplifying and clarifying the terminology that's used in this particular item. So for instance, you know, the current terminology or wording that it uses is new and used vehicle sales. It's consolidating new and used just vehicle sales all together. That way it makes for clarity. So that is not altering the purpose in which this ordinance is reading. That's what we're saying. We're not objecting to the fact that it could be brought back. That's not what we're saying. We're saying it's a different process for that.

Mayor, Commissioner Smith, but it is that we're also clear. And it says care does this a car. A clear eye knock on film for me use this show not apply to pawn shops and new and use care sales subject to the special it said right. What I mean is I think that we should allow we should allow the mentions of non-conforming use reviews, right? So that's part of the purview of what we're supposed to be here trying to opine on. I'm saying that it should be permitted. Are we clarifying that it should not be permitted? I believe that it should be permitted. Non-conforming use should be allowed for the instinctive use car sales, or use vehicle sales, or vehicle sales, whatever we want to change to, it should be allowed to those that we are saying that we're going to allow to operate in perpetuity. So what I'm essentially saying, if we can't do what it is that the body of the commission is designed to do with this, then I would like to move us to re-listed so that we can allow a full review and modification of the ordinance.

To respond to what you're saying, Commissioner Tuston, notice it says that uh to amend section 40-139 entitled non-forming use establishment to clarify that non-conforming uses shall not apply pawn shops and new so it's already in code we're just clarifying we're just clearing up the language which brings me back to the point of You're saying it should allow for those, but then if we incorporate those things now, that would totally change what's in there. Because what's in there already is not allowed. We're just making it crystal clear to the readers who are now going to see this ordinance and think that they can do X, Y, Z when it's already specified that it's not. We're just making it now reader-friendly and clarifying already there.

I agree, but I disagree that we should just make it reader-friendly. I think they should be producing policies and ordinances that's going to be conducive to allow for our businesses to operate how they should. I am particularly sick and tired of us wasting time, resources, and energy on a special exception process that by right we are not going to disapprove, right? So we are having our business owners spend money, spend resources, spend time on a process that they legally can do. It's just that the commission desires for them to go through this special exception process. I'm not for that. I don't think that that's the right way that we should be doing things as a city and for our business. We're saying that this particular list of businesses are allowed to operate in the vein that they are currently operating in, then let's simplify the process. Why waste time and resources on a special exception process when potentially they can benefit, we could benefit from doing a non-conforming use review. I'm saying let's take a look at that. Let's go back to the drawing board. Let's not just approve and clarify language that the entire commission may not be comfortable with us having instituted as a law in the first place. I'm saying let's go back. and re-notice this so that we can get it right for the businesses. I don't think every time we come and it's a youth car lot or whatever and they're doing a special exception, as long as they're on their approved vendor list, are we gonna say no? No, we're gonna say yes, it's approved. So why can't they just go the simpler process of doing a non-conform youth review to circumvent facing PNZ committee time of not being able to provide, you know, restrict them from being able to be that business clear up calendar of doing quasi judicial items on use call lot that we're just going to outright and approve anyway. Like let's, let's make it make sense. We got more prudent issues that we focus on on our agenda than reviewing special exception for use call lots. That's primarily what our bulk of our book of business is. If they can handle that on an administrative level, then let's make sure our code specifies that they can handle that on an administrative level because really that's all it's going to take.

Madam Mayor, here's the nuance that I would push back on in that particular scenario because as we know the special exception process is not merely just a formality as you're describing it as, because in many cases, the special exception process gives us as a commission the opportunity to add conditions to certain businesses. So by it coming to us in that fashion, that gives us an opportunity to regulate or to now enforce certain things that we think are beneficial to the city and its residents. So that's not a process that I would, view or I would call someone else to view as just a formality as we're rubbing, stamping anything that comes here because there's been plenty of times where we've added conditions to certain things that have come before us as a commission. So that process is still needed and it's still valued and it should be valued by us because it gives that added layer of security when it comes to REASSURING THAT THINGS ARE DONE FROM AN ENVIRONMENTAL STANDPOINT, FROM A CITY RESOURCE STANDPOINT, AND OVERALL SAFETY AND WELL-BEING TO THE PUBLIC HEALTH STANDPOINT. SO THESE MEASURES COMING BACK BEFORE US AS AN EXCEPTION IS A PROCESS THAT WE We have to have, well, we should have because it ensures that, you know, if there are any concerns by the public, that we are able to address them by providing conditions that will allow for enforcement if those criteria are not met.

I agree in normal situations, but if we as a body are saying that we're going to allow these specific conditions Pawn shops and car dealerships that are already existing and have been existing for years, operating underneath conditions of our codes already, why do they have to come again before us for a special session when there can be conditions added when they do the non-conformity review? Make it simplistic. for our business owners, make it not a financial burden on them. You get what I'm saying? They're already existing in that vein. There's public land use rights that we could potentially be infringing on as well because those entities were already being used as those established businesses before we even became a city in most parts. So they have land use rights that we can't even mess with. You get what I'm saying? So I have them go through this process. All I'm saying is we as a body should be reviewing everything in this order ordinance regarding this entity. How many times we going to be talking about used car lots and pawn shops? Every meeting is on our agenda to be addressed in one, whether it's via special exceptions or not. Let's get it right. You see what I'm saying? Let's you know, open our mindset to think about what's best for our businesses, what's best for our meeting agendas, what's the best use of our time? Because we have other things on our agenda that we need to get to that we haven't been able to get to because we're so jam-packed with quasi-judicial items. that could have been administratively handled by our planning and zoning.

Madam Attorney, were you trying to do something?

No. Madam Chair, why would you interrupt me? No, seriously, that's rude. Why would you interrupt me? You were finished speaking. She never spoke. Excuse me. She never spoke into the mic.

I can ask a question.

You asked her if she was trying to say something while I had the floor and I was speaking.

Did you have something to say?

Yes.

And then we'll get to, we'll come back. Go ahead, Commissioner.

Dr. Torstone, I do believe the reason for this special exception is just another way to bring more revenue to the city. And the fact that, you know, we've been, from what I understand, the city has been wanting to get rid of the car sales and furniture because there's too many around. So it's another way. I would say like to discourage them to want to continue business. So in doing so, you know, you tag them with more money, you know, in a way to discourage by the time if they do accept it, then this receives more funds.

I think that's what the businesses feel as though as well. And that's why we have this connotation of not being business friendly, right? I think that's what they think. But I think that if we show them something different and say, hey, we're going to do things differently than the way that you perceive that we're doing things, then I think that that will help to improve our relationship with our businesses. But I know that we are running short on time. I did have a motion that I put out there where I said that I would like for this item to be re-advertised and brought back for another first reading.

So staff has a final comment to make.

Well, I was in, I did a motion. Did he get a second?

But there is already a motion on the floor.

So we can amend motion.

I understand that madam mayor. Yeah.

I think, I was going to mention something else, but then I'll come back and address the idea of you changing or how to change this, which has already been stated. I wanted to clarify that, again, all what is being talked about is totally different from what we are doing here. It's clear. It's just terrifying. By making the change that I'm hearing about, it's totally different from everything here. So change this is like scrapping this completely and doing something different instead of clarifying. It gives the impression, and that's why the intent of the original ordinance back in 2018 It's because of complaint and concerns from residents that we have car dealerships. Too many car dealerships, car sales, car whatever, and car shops all lined up, 441 and the like. So to that end, it's intended to limit and now start seeing if the use of that area can be something else if they should fall after six months or whatever else. And there's quote-unquote, in the way of saying memorializing those that are there and not allowing anyone to come. Now, that is the intent. I'm hearing the intent now is just to say you came there in perpetuity. No. Because the conversation is going all over the place. I would think we need to talk about, because it was talked earlier about, well, instead of The reference was made to Exhibit A about the table to change S-E back to A. And I'm going on the youth bus sale. Again, that's why I want to get clarification. Do you agree with the change of the definition, which goes down the list of what she went through? Changing vehicle sale, just changing it back to vehicle. That's number one. a vehicle sales set of use or whatever. Number two, we talked about the list. Are we still planning to memorialize our decision here or just let them stay in perpetuity and even add more? IF I CAN JUST FINISH, I'M TRYING TO GET CLARIFICATION SO WE CAN KNOW WHERE WE'RE GOING.

CAN YOU LET HIM FINISH AND I'LL COME RIGHT TO YOU.

HE WANTS CLARIFICATION.

LET ME LET YOU FINISH AND I'LL COME BACK TO YOU. GO AHEAD.

THERE WAS A QUESTION ABOUT CHANGING MASTER BUSINESS LIST, WHICH IS TOTALLY DIFFERENT FROM WHAT WE DON'T WANT. WE DON'T CLARIFY DEFINITION. AND WE TALKED, WE SPOKE ABOUT 232, and which includes pawn shops. Now we keep talking about vehicle sales, but we also have in this definition, we clarify the uses. We clarify also all pawn shops and stuff like that. That was also clear. So does section C, subsection C of that section. This is all given clarity. What is being expressed implies, which has been said earlier, by looking at this particular resolution that says, this ordinance rather, this ordinance cannot fit into any type of change that you've been talking about. It's just to clarify, define, and let people know what it is. So you cannot now, what is brought to clarify is, And what's being said here is to go into the code and change that, which will affect a section. You're talking about only three sections. It will affect multiple sections. So it's a totally, totally different thing from what is here. Actually, different orders approved from 2019-10. Totally different. That's okay, Mayor. Can I clarify for one? And I want to understand if that is the interest to change the entire...

These are the laboring issues. We're running out of time.

To provide clarity.

If you can go ahead and finish my comment and then we can...

I waited patiently and had everybody just... I'm keeping notes. Go ahead. That opinion that was just given... All the comments made, except for a couple, speak to not totally throwing out 2019-10. Is that the intent? Because we were just trying to figure out what is the intent. Because it doesn't talk about this clarification.

Mayor, if I may.

Go ahead.

Because we're going to run out of time to provide clarity and vote on motion. I don't think that we are going to provide enough clarity for the city manager tonight. So that's why I wanted to move for this to be re-noticed so that we can re-notice this, that we're going to be basically doing a review of the entire ordinances for applicable changes that the commission desires, right? When it's brought back for another first reading, then we could go into details as far as what the commission desires to be changed. It's okay if the commission desires to go in a different direction than 2019. Right? It's okay. We have the power and the purview to be able to do that. That's why the commission was elected to make these type of decisions. We don't have to stay in the same vein as what occurred in 2019 when we see a way to make things better. Okay? So I'm just going to put that out there. I don't think that I'm going to have time to clarify and I think it would be more appropriate for us to re-notice this with the intent of what the commission desires to do with this particular ordinance so that we can then clarify each and every individual thing that we want to change about this ordinance. So again, my motion was for us to bring this back and re-notice this as an ordinance change generally. An ordinance change, an ordinance amending Chapter 42 of the City of West Park Code of Ordinance entitled Zoning, and just saying that we're specific, not saying that we're specifically amending anything. Just an ordinance amending chapter 42, a city, a West Park code of ordinance entitled zoning of the used vehicle sales.

Madam Attorney.

Madam Attorney.

Madam Attorney. So that's not a proper motion for an item like this. In order to notice an ordinance change, you would need the specific purpose, which you're saying you don't have time right now to clarify. Whether or not that's true, you would need the purpose in order to notice it.

Well, able to review the entire ordinance surrounding the use, vehicles and pawn shop.

That's not something you would notice for the ordinance.

It would be for this particular ordinance that deals with the permitted uses of the pawn shops.

That's not a sufficient purpose. The purpose would be the literal change that you want to make. We don't have enough information as you've stated, so you cannot, that's not a proper motion to bring.

Well, wait a second. When we did this before, there was not Let me go back to what we, what we said before, when we changed the entire ordinance, all you have to go back to is what we know for the text amendment, what we changed the entire ordinance and duplicate that. I'm going to pull it up. What the text amendment was, what the, what it was when we really changed it in 2019, when we did a whole revamp in 2019, I want that same language put as the first reading. Mr. Bell got this. It says an order is amending chapter 42 of the West Park code of ordinance and I was zoning is down specifically amending article to action 42 to 34 entitled Joe definition. All right. Deleting language reminder. Okay, that was already done. But section, Article 2, Section 434, entitled General Definitions of the Wait, wait, wait. It says also on here that we are to amend article 5 division 3 by section 4221 and type permitted uses such that all new and used vehicle sale rentals or leasing establishments require a non-conforming use review. Amended section 42 to 3 to to prohibit the addition new. And use car sales rental or leasing this to have been in pawn shops within the city. A lot on those new and use cars that are some pawn shops legally operating in the city as of 1st 2020, I mean 2019. to operate in the city, providing for a conflict and repair provider, for a severability provider, inclusion and code, providing for an update. That's my motion.

Madam Mayor? Yes, I can. That's a process. You're looking at the final result of a previous process, and that's what... know have been distinct for the past almost hour now that that was a separate process where they came where this ordinance created not here in this particular in this particular section to where now there was something before before them and then it totally changed or or flipped how how things were done on spot like that because it didn't change in that fashion This is, you're reading the final result of an ordinance that had gone through the proper process Of bringing forth, creating the language and doing all stuff. However, this is not the opportunity to do so, which will be needed. Well, which would need to be done in a future agenda portion of the, of the agenda. This is not the time for that because you're completely overhauling the entire ordinance.

It's okay.

You can't do it. Not in this portion is what I'm saying.

That's why my motion stands.

Then you just vote it down. It's already a motion on the floor. Did you hear my motion? It's already a motion on the floor. Commissioner Smith, did you hear my motion? All you did was read a previous ordinance. I amended it. Yes. Okay. You can't do that is what I'm saying. This is not the process.

This is not the time to do that. Madam Attorney, Madam Attorney, again, can you state for the record whether this is allowable or not? It's not.

It's not a proper amendment. Thank you. You can only amend in line with the purpose stated here.

That's what I just did.

No. No, you did not. I changed the entire ordinance.

So, Mr. Balagon, did you have a... Did you... Did you have anything else?

All I said was I want a motion for this to be renoticed for a first reading.

And I've stated the number of reasons why that's not legally allowable.

So there's an item that do not interject when I'm speaking because you were not called upon to have the floor. And what are you saying is not legally sufficient to interject? I have the floor.

Madam attorney. For the record, she stated what she stated. Mr. Balagon, was there another comment or anything?

The motion is on the floor. It's been seconded.

This item, it stays as it is. I would like the item to be noticed.

No, it's not the pleasure of the commission.

There's a motion. As the commissioners, we can amend, we can change, we can change the rules and laws. As is up here. That is why we are here. Don't stop talking foolishness, buddy.

Have the city attorney state the state law that prohibits us from being able to do that on record. The state or county law that prohibits us from amending this item.

Exactly. State it. I need to see it. State it.

Because if not, we have home rule. We have discretion. If we're not breaking state law or county law, we can amend anything.

Period.

Have the legal attorney talk about which laws we're breaking then. What Florida laws and what county laws are we going against right now? If she cannot state that, then that's rubbish that she's talking. We have the power and the authority to change anything on this agenda. State the law, Ms. Attorney. What's the Florida statute that we're breaking?

I've provided my legal counsel.

And it does not have any merit because it does not state what laws we're breaking. What's illegal about what we're doing if you can't state the law, Attorney? Those are the notice requirements. What's the law? State law.

If not, it's just your personal opinion. State the law. I have stated my legal law. You can accept it or not. Exactly.

And we do not accept it. Therefore, the motion stands.