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[00:00:03]

>> GOOD EVENING, EVERYBODY. WELCOME EVERYBODY, I AM GOING TO COMMENCE PLANNING AND ZONING CITY OF PARKLAND.

THURSDAY, MARCH 10TH. 2022.

6:00 P.M. EVERYBODY PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE.

>> PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF TO THE REPUBLIC ONE NATION UNDER GOD INDIVISIBLE AND JUSTICE FOR ALL.

>> THANK YOU, ROLL CALL, PLEASE.

> >>> JOEL

>> HERE. MURRAY ZWEIG?

HERE. >> VICE CHAIR?

HERE. >> DEREK BIXBY

>> ASHLEY. >> WELCOME AT THIS TIME WE ARE

[4.A. Swearing-in of Ashley Gobeo to the Planning and Zoning Board ]

GOING TO HAVE THE SWEARING IN OF OUR NEW BOARD MEMBER ASHLEY.

JUDGE COME TO THE FRONT AND YOU KNOW THE REST OF THIS STORY.

HAND OUT. >> CAN I TAKE THE MOMENT TO BRAG

FOR A MOMENT. >> CAN YOU SAY YOUR NAME FOR THE

RECORD >> I AMRY PORTH.

THIS BOARD AND CITY COMMISSION SHOWN GREAT INSIGHT AND VISION APPOINTING MY DEAR FRIEND ASHLEY.

ESPECIALLY FITTING YOU CHOSE THOUGHTFUL, DILIGENT, COMPASSIONATE AND HONEST. AMAZINGLY ALL ON HER PLATE SHE NEVER TIRES. MISS GOBIO.

I DO SOLEMNLY SWEAR OR DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES, STATE OF FLORIDA AND CITY OF PARKLAND I AM DUALLY QUALIFIED TO HOLD OFFICE UNDER THE CONSTITUTION.

OF THE STATE AND CHARTER AND CITY OF PARKLAND.

I WWILLIAM SPENGLER FAITHFULLY PERFORM DUTIES OF THE BOARD MEMBER OF THE PLANNING AND ZONING BOARD UPON WHICH I AM NOW ABOUT TO ENTER. SO HELP ME GOD, CONGRATULATIONS.

>> THANK YOU, YOUR HONOR, ALMOST, ASHLEY.

[5. Approval of Minutes]

AT THIS TIME ITEM NO. 5, MOTION TO APPROVE JANUARY 13TH, 2022

MINUTES. >> SECOND?

>> SECOND. TODD MADE THE MOTION MR. -- MADE

THE SECOND CALL FOR THE VOTE. >> EVERYBODY UNANIMOUS SAY AYE.

[6. Comments from the Public on Non-Agenda Items ]

>> AYE. >> AT THIS TIME I AM GOING TO OPEN THE FLOOR TO INQUIRE IF THERE IS ANYBODY FROM THE PUBLIC THAT WISHES TO SPEAK ON AN ITEM NOT ON THE AGENDA IF SO RAISE

YOUR HAND, PLEASE. >> OUR MAYOR.

MAYOR WALKER. >> I WANT TO CONGRATULATE ASHLEY. AGAIN I AM HERE TO CONGRATULATE

ASHLEY. >> THANK YOU.

THAT WAS AN AGENDA ITEM, WE'LL LET IT GO.

>> ANYBODY ELSE FROM THE PUBLIC. SEEING NONE CLOSE PUBLIC

[8. Approval of the Agenda ]

[00:05:06]

COMMENTS, ARE THERE ANY CHANGES TO THE AGENDA.

[9.A. Ordinance 2022-005: Amending Sidewalk Cafe Regulations]

WE'LL MOVE TO ITEM NO. 9 READ IT INTO THE RECORD, ORDNANCE 2022-005 AMENDING SIDEWALK CAFES REGULATIONS, CONSIDERATION OF THE ORDNANCE OF THE CITY OF PARKLAND, FLORIDA AMENDING ARTICLE 15 DETAILED USE REGULATIONS, DIVISION 35 SIDEWALK CAFES PROVIDING FOR COTFICATION, SEVERABILITY AND EFFECTIVE DATE. HI, GOOD EVENING.

WELCOMES{LEFT}WELCOME BACK, EVERYBODY.

WE HAD CONVERSATIONS REGARDING SIDEWALK CAFES.

THAT IS WHAT WE BROUGHT TO YOU TONIGHT AS YOU ALL PROBABLY KNOW. STRIKE THROUGHS IN YOUR ORDNANCE ARE TO BE DELETED. IF IT IS UNDERLINED, THAT IS NEW TEXT ADDED. WHAT I HAVE DONE IS HIGHLIGHT CHANGES THAT HAVE SUBSTANCE TO THEM.

COUPLE OF THEM YOU SEE HAVE REVISIONS THEY ARE A TYPO OR GRAMMAR CORRECTIONS. I HAVE FLAGGED THE ONES THAT

HAVE SUBSTANCE OF CHANGE. >> EXCUSE ME CHANGES YOU ARE REFERRING TO WE DON'T CURRENTLY HAVE ANY SIDEWALK CAFES ORDNANCE

IS THAT ACCURATE? >> WE DO HAVE A SIDEWALK CAFES ORDNANCE IN THE CODE. WHAT WE ARE DOING IS ADDING AND

CHANGING A FEW REGULATIONS. >> CHANGES FROM PRIOR MEETINGS, COMMENTS, MADE TO THE ORDNANCE AS PROPOSED?

>> THIS IS THE FIRST TIME YOU ARE SEEING THIS ORDNANCE TONIGHT. THE CHANGES THAT ARE IN THIS ORDNANCE CHANGES DISCUSSED IN YOUR MEETING OF I BELIEVE MARCH,

JANUARY. >> CHANCES TO THE LAST MEETING

INCORPORATED IN HERE? >> YES.

>> THIS IS THE FIST TIME YOU ARE SEEING THIS ORDNANCE FOR

YOUR REVIEW. >> ALL SAID AND DONE AND BASICALLY FOUR SELECTIONS. THESE ARE THE FOUR SECTIONS.

PROCESS USED DESIGN MAINTENANCE AND TALKED ABOUT CLEAN UP ON THE OUTDOOR CAFE AND LITTER OR DEBRIS AND 15570 HAS TO DO IF YOU ARE NOT ABITING -- ABIDING BY THE RULES.

THESE ARE ALL NEW REGULATIONS. THIS IS THE COPY, THIS WOULD BE PROVIDED AT THE TIME YOU SUBMITTED APPLICATION FOR SIDEWALK CAFES. COPY OF ALCOHOLIC BEVERAGE LICENSE, PROOF OF LIABILITY INSURANCE HOLD HARMLESS AGREEMENT, DESCRIPTION OF THE DAYS, HOURS AND WEEKS OF THE OPERATION. SKETCH OF THE PLAN.

THOSE ARE CURRENTLY IN THE CODE. AND THOSE SEEM TO BE IN ORDER.

NOW ON TO NO. 8 AND 9. THIS IS WHERE WE WERE ADDING LANGUAGE, PLAN FOR MAINTENANCE AND CLEANING OF THE FOLLOWING, SIDEWALK AREA TABLES AND CHAIRS LOCATED, TABLES AND CHAIRS THEMSELVES. D DISPOSAL OF TRASH AND DEBRIS. IS THERE ANYTHING THAT SAYS YOU HAVE TO MAINTAIN THIS IN A CLEAN AND TIDY ORDER.

IF IT IS NOT IT COULD BECOME ENFORCED.

IMPROVEMENTS FOR ANY GOVERNMENT AGENCY, FLORIDA ABT FOR

ALCOHOLIC BEVERAGES LICENSING. >> 15-53 HAS TO DO WITH THE PROCESS. WHEN YOU APPLY FOR THE SIDEWALK CAFES PERMIT, THERE ARE THINGS WE CAN REVIEW IN CONFEDERATION

[00:10:04]

OF YOUR APPLICATION. HOURS OF OPERATION AND IMPACTS ON THE ADJACENT NEIGHBORHOODS. WE ARE GOING TO ASSUME YOU MAY NOT KEEP THE OUTDOOR SEATING AREA IN ORDER.

THAT COULD BE A CONSIDERATION. WE CAN LOOK AT POLICE ACTIVITIES RELATING TO OPERATIONS OF THE RESTAURANT.

ANY CALLS FOR SERVICE AND WHAT WAS THE NATURE OF THOSE CALLS.

>> SIDEWALK CAFE HAS TO BE IN FRONT OF THE STORE.

SEVERAL LOCATIONS IT IS ON THE SIDE OF THE STORE DEPENDING ON THE SCENARIO. WE HAVE ADDED IT CAN BE IN FRONT OF OR ADJACENT TO THE LOCATION. ITEM D HAS TO DO WITH A FLORIDA STATUTE. I WAS AWARE OF.

I TOOK THAT INITIATIVE TO ADD IT IN.

TIT TALKS ABOUT THE STATUTE WHAT IS A PUBLIC AREA FOR DRINKING.

AND WHAT IS A PRIVATE AREA FOR DRINKING.

MOST CITIES ADDRESSED CREATING A SEPARATION THAT DESIGNATES WITH PHYSICAL BARRIERS, OUTDOOR SEATING AREA.

WHEN A RESTAURANT SERVES ALCOHOLIC BEVERAGES, LIMITS SHALL BE CLEARLY IDENTIFIED BY WALL, PLANTAR OR SIMILAR BARRIER SUCH BARRIER SHALL NOT BE LEZ THAN THREE FEET IN HEIGHT.

SIGN SHALL BE POSTED NO ALCOHOLIC BEVERAGE CONTAINERS ALLOWED OUTSIDE THE AREA. IF YOU VISIT OTHER CITIES, THIS IS A TYPICAL PRACTICE. THERE WILL BE A GATE FOR FIRE ACCESS. GENTLY ENTER INTO THE RESTAURANT AND OUT TO THE OUTDOOR SEATING AREA.

IT IS A DESIGNATING SPACE. THIS WAS NO. L REQUIREMENT WE DISCUSSED BRINGING TABLES AND CHAIRS INSIDE EVERY NIGHT.

YOU'LL SEE WE HAVE TAKEN THE LANGUAGE OUT AND SAYS THEY MUST BE TAKEN IN. WE HAVE JUST ADDED IT.

SO UM, IT TALKS ABOUT YOU CAN'T HAVE TABLES AND CHAIRS CHAINED TO ANY PART OF THE BUILDING OR THE POST OR SIGN.

TALKS ABOUT WHEN THE TABLES, CHAIRS AND UMBRELLAS AND OTHER OBJECTS SHALL BE MOVED TO THE INTERIOR OF THE BUILDING UPON ISSUANCE OF A HIGH WIND WATCH BY NATIONAL WEATHER SERVICE.

WHEN WINDS HIT GREATER THAN 40 MILES PER HOUR.

ACCORDING TO NATIONAL WEATHER SERVICE THAT IS WHEN LIGHT WEIGHT PLASTIC FURNITURE WILL BLOW AROUND.

WE USE THAT REFERENCE. AGAIN THEY CAN'T BE CHAINED TO POLES, CHAIRS, OTHER PARTS OF THE BUILDING.

>> Q, WE ACTUALLY INCREASED THAT.

MORE DEMANDS FOR OUTDOOR SEATING ESPECIALLY BECAUSE OF COVID.

BECAUSE OF THAT, WE ARE INCREASING THE SPACE THAT IS PROVIDED FOR NON-SMOKING AREAS. GOING UNDER 16-570.

WHAT WAS NOT IN THE CODE IS NO. FIVE IF THEY FAIL TO MAINTAIN LIABILITY INSURANCE CALLS FOR REVOCATION.

WE ADDED THAT. B IF WE ARE GOING TO REVOKE YOUR LICENSE, WHAT IS THE APPROPRIATE NOTICE WE NEED TO PROVIDE TO THE APPLICANT. EFFECTIVE 24 HOURS AFTER DATE OF HAND DELIVERED NOTICE AND MAILED NOTICE TO PROPERTY OWNER.

[00:15:06]

IF THAT DOESN'T HAPPEN 10 DAYS AFTER THE DATE OF THE MAILING TO THE PROPERTY OWNER. IT IS 24 HOURS AFTER NOTICE TO THE TENANT, DIRECT NOTICE TO THE TENANT OR 10 DAYS AFTER WRITTEN NOTICE TO THE PROPERTY OWNER. DID YOU HAVE QUESTIONS OR

CONCERNS? >> WE'LL -- SSURE BEFORE I BEGI.

WELCOME. >> THANK YOU.

>> APOLOGIZE NOT BEING HERE, I THINK A LOT OF THEM SOUND LIKE AN EARLIER ORDNANCE THAT DIDN'T ULTIMATELY GET ADOPTED.

SOME OF THESE CHANGES ARE REALLY PRETTY GOOD.

I'LL GO THROUGH QUICKLY. >> OKAY.

>> IN F UNDER 15-520, PLAN TO BE GIVEN TO US.

EXISTING LANGUAGE CALLS IT A SKETCH PLAN.

IT IS REQUIRED TO BE DRAWN TO SCALE.

AT A MINIMUM, ON THE SITE PLAN ON THE APPROVED -- DOESN'T NEED TO GO BACK TO THE ENGINEERING. THEY CAN XEROX IT.

I WOULDN'T CALL IT A SKETCH PLAN.

THAT SEEMS TO KA THAT SOMEONE -- >> I AGREE LET'S CHANGE TO SITE

PLAN MINIMUM 5-10. >> WHEN WE GET TO NO. 7 WE TALK ABOUT LIGHTING. I AM SURE WE HAVE STANDARDS NO OVERSPILL. RECENTLY WE HAD EXPANSION OF SIDEWALK CAFES THAT WENT INTO AN AREA TOWARDS THE ENTRANCE TO THE SHOPPING CENTER. NOT CLOSE TO ANY RESIDENTIAL.

COULD BE MAYBE THERE ARE OTHERS. I WOULD WANT TO BE SURE LIGHTING. MAKE DANGER ISN'T IN PERFORMANCE WITH OUR LIGHT STANDARDS. I DON'T KNOW WE NEED TO SAY IT.

I WANT TO MAKE SURE WE ARE NOT GIVING ANYBODY AUTHORIZATION TO PUT ADDITIONAL STREET LAMPS IN OR WHATEVER THAT MIGHT BE BRIGHT. THAT MIGHT IN SOME AREAS, LOCATION BY LOCATION. CAUSE A PROBLEM WITH THE PUDDING

PROPERTIES. >> OKAY.

>> ON NO. 8, WHICH I THINK IS FANTASTIC.

TALK ABOUT MAINTAINING SIDEWALK CAFE AREA.

SOMETIMES IN THE AREAS THAT THEY WON'T BE FENCED.

THERE MIGHT BE POSSIBILITY OF SURROUNDING AREA, PARKING LOT, IMMEDIATELY. PEOPLE MIGHT BE PICKING UP SOMETHING. I WANT TO MAKE SURE THEY ARE ALSO RESPONSIBLE TO POLICE THE AREA ADJACENT TO THE DESIGNATED SIDEWALK AREA. SOMEONE SHOULD LOOK IN THE AREAS IMMEDIATELY ADJACENT TO IT. MAYBE IF WE COULD ADD SOMETHING.

>> EXPAND LANGUAGE TO SIDEWALK AREAS ADJACENT TO CAFE AREA.

>> IN 15-550C, WHICH TALKS ABOUT WHERE THE SIDEWALK CAFES SHOULD BE LOCATED OR CAN BE LOCATED WE TALK ABOUT IN FRONT OF WE HAVE A SECTION OF THE EXISTING LANGUAGE, SIDEWALK CAFE TO BRANCH OUT AND IN FRONT OF OTHER BUSINESSES.

ALSO REQUIRES THE BUSINESSES GET PERMISSION FOR THAT.

I AM NOT IN FAVOR OF IT BEING IN FRONT OF AT LEAST AREA OR ADJACENT FROM LEAST AREA LIKE IT WAS FOR KARMELAS.

THAT IS A POLICY THING. ONE SHOPPING CENTER COMES TO MIND, ALMOST THE WHOLE FRONT OF THE SHOPPING CENTER IS CONSUMED BY OUTDOOR SEATING. YOU CAN READILY SEE PEOPLE FROM ALL THE DIFFERENT SPOTS CLEANING UP.

[00:20:02]

SEEMS TO CREATE POSSIBILITIES. [LAUGHTER].

>> I HAVE SEEN THIS LANGUAGE IN MANY OTHER CODES.

I BELIEVE THE INTENT WHEN IT SAYS YOU CAN EXPAND, IT IS ASSUMING THAT BUSINESS WILL BE CLOSED FOR THE EVENING AND NOT OPEN UNTIL THE FOLLOWING MORNING.

IT IS A TEMPORARY EXPANSION. WE CAN LOOK AT THAT LANGUAGE AND

INCORPORATE YOUR RECOMMENDATION. >> THE BOARD MAY OR MAY NOT AGREE WITH ME ON THAT. WHICH IS --

>> I WILL DISAGREE WHEN IT IS MY TERM.

>> SECTION F, WE TALK ABOUT MAINTAINING A FIVE-FOOT CLEAR PATHWAY WHICH I THINK IS GREAT. BUT I THINK WE TALK ABOUT IT IN A COUPLE OF AREAS. IN ONE AREA, WE ARE TALKING LATER IN THE ORDNANCE, ABOUT A THREE FOOT PEDESTRIAN PATHWAY MAINTAINED ON THE SIDEWALK AT ALL TIMES.

I THINK IT IS SECTION S. IN PRACTICE, NOBODY IS MAINTAINING ANY PEDESTRIAN PATH WAYS.

I WANT TO MAKE SURE THEY DON'T CONFLICT MEANING F AND S.

F HAS BROADER LANGUAGE FIVE FEET BETWEEN THE DRIVE AISLE AND SIDEWALK CAFES ALSO MAINTAINED FOR THROUGH PEDESTRIAN TRAFFIC.

THE THREE FEET SIDEWALK AREA IS GETTING GOBBLED UP.

>> ONE SECTION FIVE FOOT REQUIREMENT IS FOR THE OUTSIDE PASSAGE OF PEDESTRIANS IN FRONT OF THE STORE.

>> SO THERE IS FIVE FEET FROM THE PARKING AND SEPARATE FROM

THAT, WE HAVE A THREE FOOT. >> RIGHT INTERIOR TO THE SIDEWALK CAFE WHEN YOU ARE IN THE DESIGNATED SPACE, MINIMUM OF TLEEL FEET BETWEEN A TABLE. THEN R HAD TO DO WITH LESS THAN FIVE FEET BETWEEN ANY PARKING AREA OR ROAD, THERE HAS TO BE A PHYSICAL BARRIER. ONE IS TALKING ABOUT THE PASSAGE AROUND THE CAFE. ONE IS TALKING ABOUT SEPARATION OF THE DRIVE AISLE AND THIRD ONE PASSAGE INCITE THE SEATING AREA.

>> PERFECT. IN H, I THINK MAYBE WE WANT TO REMOVE THE COMMA IN THE FOURTH LINE DOWN.

TALKS ABOUT DOES NOT CONSTITUTE GREATER THAN 25% OF THE TOTAL SEATING AND COMMA. I WANT IT TO BE VERY CLEAR IT IS WHEN THE ESTABLISHMENT HAS MORE THAN 20 SEATS INSIDE.

WE HAVE ANOTHER SECTION OF OUR CODE THAT HAS LANGUAGE THAT TALKS ABOUT SIZE OF SHOPPING CENTERS.

IT IS AMBIGUOUS. I THINK IN THIS CASE WANT TO

MAKE IT UBER CLEAR. >> RIGHT.

IF THE COMMA COMES OUT IT WILL BE OKAY.

I AM SURE THERE ARE OTHER PEOPLE WITH BETTER GRAMMAR.

I WANT TO MAKE SURE WHEN L FOOD MAYBE CARRIED AND FOOD SHALL NOT BE PREPARED. WE DON'T WANT CHANCE OF HAVING COOLERS POP UP IN THE OUTSIDE. I WOULD LIKE TO ADD FOOD SHALL NOT BE PREPARED OR STORED. [INAUDIBLE]

[00:25:06]

>> I DIDN'T WANT TO SEE A BEER COOLER SHOW UP.

ON M, WE TALK ABOUT QUALITY MATERIALS OF THE FURNITURE.

THERE ARE AREAS THAT ARE USING FLIMSY WHITE PLASTIC CHAIRS.

WE DO HAVE SOME PEOPLE USING NOT THE GREAT STUFF.

>> OKAY. IN P, WHERE WE TALK ABOUT THAT THEY SHOULDN'T -- SHOULD COMPLY WITH THE CITY'S NOISE AND NUISANCE REGULATIONS. I WOULD RECOMMEND NO TV'S OR

SPEAKERS OUTSIDE. >> WE ALREADY HAVE THAT.

THERE IS ALREADY A RESTAURANT WITH THAT.

>> IN R WHERE WE TALK ABOUT THE ACCEPTABLE BARRIERS ARE WHICH I TOTALLY SUPPORT BEING IN THERE. I DON'T SUPPORT THE CLAY PLANTARS. OR MOVABLE PLANTARS OR BIG TERRA COTTA POTS. I DON'T THINK THOSE LIKE FANTASTIC. I I HAVE SEEN WHERE THEY POURED CONCRETE AND MADE FANTASTIC BARRIERS.

THEY HAD THAT UP IN DELRAY BY KARMELAS OTHER LOCATION.

I WOULD RECOMMEND WE REMOVE THE CONCRETE OR CLAY PLANTARS OR MANDATE THEY ARE PERMANENT PLANTARS.

>> WOULD YOU FEEL COMFORTABLE WITH DECORATIVE PLANTARS? THE -- PIZZA, IF YOU RECALL IT WAS A SOLID MATERIAL.

>> THAT IS SOMETHING WE CAN DISCUSS.

FOR ME, ILL WOULDN'T BE SUPPORTIVE.

>> WE'LL GET A MOTION. OKAY.

>> IN THE DENIAL OR REVOCATION OF PERMIT.

I DON'T KNOW IF IT IS CLEAR ENOUGH SAY SOMEONE IS CONSTANTLY NOT ADHERING TO THE THREE FOOT OR NOT TAKING OUT THEIR TRASH, WE TALKED ABOUT VIOLATIONS OF THE ARTICLE, AND I THINK THE ONLY THING THIS TALKS ABOUT MAYBE THIS IS A QUESTION FOR ANTHONY. IF SOMEONE, IF ONE OF OUR SIDEWALK OPERATORS WAS NOT ADD HEARING TO THIS WOULD IT BE CODE ENFORCEMENT WE WOULD SEND THEM OUT, LOOK YOU ARE IN VIOLATION OF THIS? OR JUST A COURTESY NOTICE SO YOU COULD THEN MOVE TO -- ONLY THING THIS NOTICE OF REVOCATION. HOW WOULD WE LET SOMEONE KNOW?

>> COULD BE DENIAL OR REVOCATION OF A PERMIT.

WANTED TO POINT OUT, TOO, DISAGREED IT WAS AN APPEAL PROCEDURE. THAT WOULD BE ADMINISTRATIVE

DECISION MADE BY THE DIRECTOR. >> IT IS CLEAR ENOUGH IN YOUR OPINION THAT IF SOMEONE WAS NOT ADHERING TO THE -- NOT CLEANING UP, YOU WOULDN'T HAVE TO BE HUNG UP ON THE CODE ENFORCEMENT PROCEDURES AND PRACTICES NECESSARILY IN ORDER TO GET TO A

POINT WHERE YOU CAN REVOKE IT. >> IF IT IS ONE OF THE FIVE ITEMS LISTED IN THERE. HEALTH PERMITS SUSPENDED, CHANGING OF PEDESTRIAN VEHICLE TRAFFIC CONDITIONS.

VIOLATES REGULATION, WE COULD CHOOSE TO BRING TO CODE

[00:30:06]

ENFORCEMENT. DOES SPECIFICALLY ADDRESS THAT SPECIAL IMAMAHMOUD AIMAGINE -- TRAGS.

>> AND MAINTAIN OF THAT. MY GUESS WOULD BE IF WE HAD VIOLATIONS OR INDIVIDUAL VIOLATION, DEFINITELY KICK IN -- SERIOUS ISSUE LIKE LACK OF LIABILITY INSURANCE WE COULD IMMEDIATELY GO TO 155-70. EASILY FIXED AND NOT A SAFETY HAS SATURDAY HAZARD.

>> I THINK THOSE ARE GOOD CHANGES.

>> THANK YOU. >> GOOD EVENING.

>> HI. >> FEELING INADEQUATE.

>> GREAT JOB. I LIKE THE CHANGES.

MY FEW COMMENTS ARE ABOUT CONSISTENT LANGUAGE.

I DON'T DISAGREE. I WANT TO MAKE SURE THERE IS CONSISTENCY. 15-550.

I UNDERSTAND WHAT THAT IS. I KNOW IT IS 40 MILES AN HOUR.

IS THAT CONSISTENT POLICY THROUGHOUT THE CITY USING THOSE

TERMS? >> I ACTUALLY DID NOT SEARCH THAT TERM FOR OTHER REFERENCES IN THE CODE.

I CAN CERTAINLY DO THAT PRIOR TO THIS.

>> AGAIN, CONSISTENCY. THAT IS THE CLEAREST TERMS. CONSISTENT TERMS. I CAN MAKE SURE IT IS NOT DEFINED BY OTHER AGENCY REFERENCED IN THE CODE.

[INAUDIBLE] THAT TERM IS DEFINED BY THE NATIONAL WEATHER SERVICE.

>> THANK YOU. SAME SECTION LETTER M.

NOT SURE HOW CONSISTENT THAT IS CURRENTLY THROUGHOUT THE CITY.

AGAIN FOR CLARITY, QUALITY DESIGN AND MATERIALS.

I AGREE I WOULD LIKE TO SEE QUALITY DESIGN MATERIALS.

>> COULD BE SOME -- >> LAST WENT ON TO SECTION 15570. I LIKE CLARITY.

FIRST OF ALL, OVERARCHING TIME LINES THOSE CONSISTENT WITH OTHER THINGS THROUGHOUT THE CITY, TOO?

SO 24 HOURS. >> THE 24 HOUR NOTICE, THAT WOULD BE ONLY IF THERE WERE SERIOUS ISSUES THAT REQUIRED

IMMEDIATE SHUT DOWN. >> DOESN'T MATTER IF IT IS 24 CALENDAR. DOESN'T MATTER IF IT IS 24,

BUSINESS HOURS. >> THE CODE WHEN IT TALKS A TIME DOESN'T INCLUDE WEEKENDS AND HOLIDAYS.

IF WE HANDED SOMEBODY A NOTICE 3:00 ON FRIDAY, WE WOULD LOOK AT 3:00 ON MONDAY COMPLIANCE NOT SATURDAY.

>> THAT I WOULD MAKE A NOTE OF. SIDEWALK CAFE PRETTY COMMON THEY

ARE OPEN ON SATURDAYS. >> I WOULD HAVE SOME CONCERNS ABOUT THEM BEING ABLE TO OPERATE THROUGH THE WEEKEND IF THEY DIDN'T MAINTAIN LIABILITY INSURANCE.

[00:35:01]

NOW THE CITY COULD BE EXPOSED ONLY APPLIES IN TWO CIRCUMSTANCES LISTED HERE. FAILURE TO MAINTAIN LIABILITY INSURANCE TRAFFIC CAUSING CONGESTION.

UNDERSTAND YOUR POINT, I DON'T NECESSARILY AGREE WE SHOULD ALLOW THEM TO OPERATE THROUGHOUT THE WEEKEND FAILURE TO MAINTAIN

LIABILITY INSURANCE. >> WE CAN CHECK THAT LANGUAGE IN THE CODE. IF THIS IS NOT SPECIFIC ENOUGH, SOMEONE BEING ABLE TO OPERATE FRIDAY-MONDAY, WE'LL SAY THAT SECTION OF THE CODE DOESN'T APPLY.

>> AND MY LAST COMMENTS. THANK YOU.

>> THANK YOU. >> THANK YOU MR. CHAIRMAN.

>> WHEN I STARTED LOOKING AT THE REVISIONS.

STARTED ASSOCIATING THIS I TOOK A MOMENT TO CONSIDER SIDEWALK CAFE AND DEAL WITH THE FUTURE BRB.

GO AHEAD AND CONSIDER THOSE THINGS.

SIDEWALK CAFE WOULD APPLY TO FUTURE BRD.

>> YOU SAY BRD, I DON'T UNDERSTAND.

>> WE HAD A DISCUSSION MEETINGS AGO ABOUT THE PROPERTY.

HAVING OUTDOOR ACTIVITIES, CAFES, WHATNOT.

THIS ORDNANCE APPLY TO SOMETHING IN THE FUTURE CORRECT?

>> YES. THIS IS A CITY WIDE ORDNANCE APPLY TO ALL COMMERCIAL DISTRICT THAT IS HAVE OUTDOOR CAFES.

COULD BE A CONTINUATION OF OUTDOOR CAFE LEADING INTO THE BUSINESS. I DON'T SEE A PROBLEM WITH THAT.

WHAT WE ARE TALKING ABOUT IS HAVING A RESTAURANTENED OUTDOOR CAFE. AND ANOTHER RESTAURANT WITH AN OUTDOOR CAFE AND PARTITION IT OFF AND SEPARATE IT.

IN TERMS OF USING. SOMETHING LIKE THAT.

WE HAVE TO CONSIDER OUTDOOR VENUES AND ENTERTAINMENT VENUES.

WE DON'T WANT TO HAND OUT BUSINESSES I AGREE WITH DAVID BARRIERS WOULD BE SUBSTANTIAL. HOW DO WE GET THERE? THESE ARE ALL WORDS. WE NEED TO PUT IN TEXT TALKS TO BARRIERS ACCEPTABLE FOR THE CITY ENGINEER PERHAPS.

THAT PERSON'S JUDGMENT. WE HAVE A FLIMSY CLAY POT.

I DON'T THINK THE CITY ENGINEER IS GOING TO USE THAT AS -- JUST

A SUGGESTION. >> OKAY.

>> TALKED ABOUT ENFORCEMENT. IN A PAST LIFE WE DEALT WITH PROMENADE WE HAD TEXT THAT STATED IN THE OPINION OF CHIEF OF POLICE, POLICE DETAIL TO KEEP ORDER.

POLICE DETAIL ASSIGNED AT THE COST OF THE BUSINESS OWNER.

INCENTIVE TO KEEP BUSINESS OWNER TO POLICE HIS BUSINESS.

IF HE DOESN'T CHIEF OF POLICE CAN COME IN, POST A POLICE OFFICER OR DEPUTY AND BUSINESS HAS TO PAY FOR IT.

THAT IS SOMETHING WE SHOULD PUT IN.

>> OTHER LANGUAGE THAT SPEAKS TO THAT WE COULD PROBABLY MIRROR.

[00:40:07]

OTHER THEN THAT, GREAT WORK. >> THANK YOU.

>> JUST AS A GENERAL COMMENT A LOT OF ADA REFERENCES THROUGHOUT THE ORDNANCE, SINCE THIS APPLIES WITH ADA ALREADY, MY ONLY CONCERN PATHWAY, PEDESTRIAN ACCESS AND COMPLY WITH ADA.

ADA CHANGES. IT HAS CHANGED NOW WE HAVE AN ORDNANCE THAT MIGHT NOT COMPLY. I WOULD RATHER NOT BE SO SPECIFIC WHEN WE ARE MAKING AN ADA AWARD.

LITTLE BROADER, NEEDS TO BE ADEQUATE ACCESS.

WE DON'T NECESSARILY NEED TO TIE IT TO THE ADA GIVEN THEY HAVE TO COMPLY WITH IT ANY WAY. THEY ARE GOING TO HAVE TO WIND UP HAVING THEIR OWN PROBLEMS. IT NEEDS TO BE ADEQUATE.

THEY HAVE TO COMPLY. THAT IS MY FIRST COMMENT.

50X50, I THINK P IS PERFECTLY FINE.

THIS IS IT IS MUSIC PROVISION TONY WAS TALKING ABOUT.

WE NEED TO BE FLEXIBLE. THEY SHOULD BE REQUIRED TO COMPLY WITH NOISE AND NUISANCE. WE DON'T NEED TO BE -- CAN THERE BE A RADIO, GUITAR PLAYER. IF THEY ARE COMPLYING WITH NOISE AND NUISANCE, FOR ME IN MY VIEW IS SUFFICIENT.

IN THE SAME SECTION IN I, I DON'T HAVE PROBLEMS, PERSONAL FEELING. I DON'T HAVE FOOD BEING PREPARED IN THE SIDEWALK AREA. THIS IS ANCILLARY SERVICE TO AN EXISTING RESTAURANT. IF THEY HAVE ENOUGH SPACE THEY WANT TO MAKE TABLE SIZE CAESAR SALADS, WHY DO WE CARE.

THEY HAVE NOT SPACE, ACCESS. IF JOEL WANTS TABLE SIDE WOK ALL

IN FAVOR. >> LOVE IT.

>> THEY ARE GOING TO MAKE BANANAS FOSTER AND CARVING PRIME

RIB. >> THAT LANGUAGE IS EXISTING AND

NOT PROPOSED TO CHANGE. >> I AM PROPOSING MIX IT.

I SHARE SAFETY CONCERNS WHEN WE WERE FIRST DEALING WITH IT.

I THINK WE ARE BEING TOO RESTRICTIVE.

TO A TRAVEL LANE IN A PARKING, - TYPE OF BARRIER THAT MAYBE NEEDED FOR SAFETY SERVICES IS DIFFERENT IN MY VIEW AS COMPARED TO I'LL USE KARMELA AS AN EXAMPLE.

OBVIOUSLY WE ARE NOT WRITING THIS FOR ANYONE PARTICULAR.

IF IT IS A CURB PARKING LOT AND WHERE THE PARKING SPACE IS, I DON'T NEED THE SAME LEVEL OF BARRIERS.

LANDSCAPING THERE MAYBE ADEQUATE SEPARATION OF OUTDOOR SEATING AREA AT A SIDEWALK CAFE THAN NECESSARILY CONCRETE BALLERS.

MY VIEW IS I THINK THAT MIGHT BE CREATING TOO MANY BARRIERS, NO

PUN INTENDED. >> ONLY LANGUAGE RELATED TO

BARRIERS IS IN 15-550 D. >> I AM LOOKING AT R.

>> YOU DON'T THINK CITY ENGINEER MAKING THAT ON A CASE BY CASE?

>> I THINK WE GET RID OF ACCEPTABLE BARRIERS.

[00:45:01]

>> I AGREE. >> I DON'T KNOW IF IT IS CITY

ENGINEER OR BUFIRE. >> FIRE DOES DO THE REVIEW.

>> IN 15520. >> ONE COMMENT ON R.

IF YOU LOOK AT EXISTING LANGUAGE WHICH IS STRICKEN THROUGH AND NOT UNDERLINED. THAT WOULD BE WHAT IS IN THE CODE CURRENTLY. THAT LANGUAGE, I THINK IS MORE

WHAT YOU ARE SPEAKING TO. >> SURE.

JUST NO CHANGE TO R. >> I WOULD SAY THAT.

OTHER THAN IT IS NOT THE CITY ENGINEER.

I WILL DEFER TO PEOPLE WITH THE APPROPRIATE OFFICIAL TO MAKE THAT DETERMINATION. I WOULD GO WITH WHAT WE HAVE.

HERE ARE OTHER QUESTIONS. GOING TO 15520.

ONLY REASON I ASK SOME OF THESE IS BECAUSE HAVING SPENT THE LAST THREE AND A HALF YEARS WRITING ORDNANCES, WHAT ALWAYS CAUSES PROBLEMS IF I HAVE THE SAME THING IN TWO DIFFERENT PLACES.

>> I TRIED NOT TO DUPLICATE. >> RIGHT.

HERE IS MY QUESTION. SINCE A SIDEWALK CAFE DEFINED IN OUR CODE ALREADY AS OUTDOOR SEATING THAT IS ASSOCIATED WITH EXISTING BUSINESS THAT IS A RESTAURANT.

DO WE NEED TO REFERENCE THE SIDEWALK CAFE HAVING A COPY OF A VALID ALCOHOLIC BEVERAGE. AREN'T WE GOING TO KNOW THAT ALREADY? WHY DO WE NEED IT TWICE?

>> RESTAURANT NEEDS TO HAVE TWO AUTHORIZATIONS BEVERAGE LICENSE ONE FOR INTERIOR, AND SECOND FOR EXTERIOR.

COULD BE INTERIOR AND NOT BE AUTHORIZED FOR OUTSIDE.

>> IF SOMEBODY WERE A RESTAURANT AND INSIDE BOOZE LICENSE AND ASK US TO DO OUTDOOR SEATING AN SERVE ALCOHOLIC BEVERAGES, WE ARE GOING TO WANT TO SEE AN OUTDOOR LICENSE?

>> CORRECT. WE ARE GOING TO VERIFY IF YOU

DON'T HAVE IT -- >> I DON'T NEED THAT WE NEED IT IN THE ORDNANCE. SAME WITH C.

PROOF OF LIABILITY INSURANCE. PROOF OF LIABILITY INSURANCE AND ANYTHING DIFFERENT WE ARE REQUIRING ASSOCIATED WITH THE FACT THAT A RESTAURANT IS GOING TO HAVE OUTDOOR SITTING.

>> CITY ATTORNEY. YOU SEE D THERE.

PURPOSE AND INTENT OF THIS SECTION TO ADVISE THE APPLICANT WHAT THE CITY WANTS TO SEE THAT NEEDS TO BE SUBMITTED WITH THE APPLICATION VERSES TO DESCRIBE ALL THE SPECIFIC REQUIREMENT THAT IS YOU BY NEED. THAT IS MY UNDERSTANDING, GAIL.

IT WAS TO ADVISE THE APPLICANT ALL THE THINGS THE CITY WANTS TO SEE WITH THE SUBMISSION WITH THE APPLICATION.

>> MY FEELING IS SOMETHING GENERIC ALL THE THINGS REQUIREQUIRED OF YOUR RESTAURANT.

I AM ONE PERSON ON THIS PARTICULAR ISSUE.

IN 15-550C, SIDEWALK CAFE PERMITTED ADJACENT TO THE BUSINESS AND IMMEDIATELY ADJACENT TO THE BUSINESS WITH WHICH THE SIDEWALK CAFE -- HERE IS THE CONCERN I HAVE REGARDING THIS. WE HAVE A DEFINITION OF WHAT A SIDEWALK CAFE IS THAT SAYS IT IS THE SEATING AREA ADD JOINING A BUSINESS. THIS LAST PART IS IN CONSISTENT WITH THE DEFINITION OF A SIDEWALK.

IT IS THE BUSINESS NEXT TO THE BUSINESS IT IS NOT SEATING ADD JOINING THE EXISTING BUSINESS IF WE ARE GOING TO PUT IT HERE, IT IS THE WILL OF OUR COMMISSION TO DO THIS AFTERWARDS, MAY ADJUST DEFINITION OF A SIDEWALK CAFE IF WE ARE GOING TO ALLOW IT TO BE THE BUSINESS NEXT DOOR TO THE ADD JOINING, THE ACTUAL

[00:50:03]

BUSINESS. AS LONG AS -- JUST TO MAKE IT CONSISTENT. THAT IS MY CONCERN WITH REGARDS TO THIS. LET'S GET TO, WE TALK ABOUT BOOZE, MIGHT AT WELL TALK ABOUT SMOKING, 15-550Q.

CAN'T SMOKE INSIDE. >> THAT IS MY UNDERSTANDING.

>> I ALSO REMEMBER THE STATE DOESN'T PROVIDE SIMILAR

RESTRICTION TO OUTDOOR SEATING. >> MAYBE SOMETHING ABOUT SMOKING WITHIN CERTAIN DISTANCE OF SCHOOLS AND THINGS OF THAT.

>> SURE. >> I AM NOT A PRO-SMOKING PERSON AND NOT ALLOWED TO SMOKE OUTSIDE, YOU ARE TELLING PEOPLE THERE ARE MORE THAN TWO PEOPLE LIGHTING UP YOU HAVE TO SMOKE AT HOME. I THINK THE 50% IS MY PERSONAL

VIEW. >> THIS IS WITHIN THE SIDEWALK

CAFE AREA. >> I WOULD RATHER THEM SMOKING AROUND IN THE INSIDE SIDEWALK CAFE THAN ROAMING AROUND.

T, ADA COMMENT EARLIER. THEY HAVE TO COMPLY WITH THE ADA ALREADY THEY HAVE TO PROVIDE REASONABLE ACCOMMODATION THEY ARE A PUBLIC ESTABLISHMENT FOR INDIVIDUALS WHO HAVE A DISABILITY. ALREADY.

I THINK A MINIMUM OF 5% OR AT LEAST ONE TABLE THEY HAVE TO COMPLY WITH THE ADA. NOT PROVIDING ADEQUATE SEATING FOR PEOPLE THAT NEED IT THEY ARE GOING TO HAVE BIGGER PROBLEMS. I DON'T THINK T IS LEGALLY NECESSARY IN LIGHT OF EXISTING LAW. I WOULD RATHER NOT PROVIDE OVERREGULATION. WHAT PARTS OF THIS PROPOSED ORDNANCE ARE ADDRESSED IN OUR PROPERTY MAINTENANCE STANDARDS.

I KNOW THERE IS THE CLEANING. IF IT IS ALREADY REQUIRED, WHY REQUIRE IT TWICE? ARE WE USING IDENTICAL LANGUAGE.

AT THE END OF THE DAY CODE IS ONLY AS GOOD AS ENFORCEABILITY.

I WANT TO MAKE SURE WE ARE NOT DOING SOMETHING HERE THAT IS LESS RESTRICTIVE OR USING LANGUAGE THAT MAYBE CONFUSING COMPARED TO EXISTING PROPERTY MAINTENANCE STANDARDS.

I DON'T KNOW KNOW WHAT THOSE ARE AND WOULDN'T EXPECT ANYBODY IN THE ROOM TO KNOW WHAT THEY ARE. I WOULD COMMENT.

I TALKED ABOUT THE BARRIERS. SOME GIVEN THE NATURE OF THE PARKING, IMMEDIATE ADJACENT LANDSCAPING AND BETTER ABLE TO GET OWNER APPROVAL THAN THE CONCRETE BARRIER.

APPRECIATE THE WORK DONE IN COMPLETING THIS PROPOSAL.

>> YES, SIR, WE ARE GOING TO DEREK LEAVING US IN A FEW MINUTES, SEE IF YOU HAVE COMMENTS, QUESTIONS, INPUT

BEFORE YOU HAVE TO DEPART. >> DEREK, USE THE MICROPHONE.

>> THERE HE IS. TURN IT ON.

>> ALL RIGHT. THERE WE GO.

LIKE I SAID, I AM MORE ON THE CONSERVATIVE SIDE OF NOT MAKING THESE THINGS TOO RIGID. I LIKE WHAT YOU DID WITH A LOT OF THE VERBIAGE. EXISTING THINGS, KARMELA, ARE THEY GRANDFATHERED IN TO THESE CHANGES OR APPLY FOR PERMITTING AS WELL? COMPLY WITH THESE NEW

RESTRICTIONS? >> RIGHT NOW, JEAN CORRECT ME IF I AM WRONG, I BELIEVE THERE IS AN EXEMPTION FOR OUTDOOR SEATING

PER THE MAYOR FOR COVID. >> SOME HAVE OUTDOOR SEATING OPERATING UNDER THE TEMPORARY EXEMPTION, I BELIEVE I DON'T

[00:55:05]

KNOW THEY WOULD MEET ALL THESE STANDARDS.

THEY WOULD HAVE TO SUBMIT A PLAN AND IN COMPLIANCE WITH THE REGULATION. IF THEY HAVE ALREADY APPLIED

THEY WOULD BE GRANDFATHERED IN. >> UNDERSTOOD.

THANK YOU. >> NEW APPLICANTS SUBJECT.

>> WE'LL GO BACK TO JOEL. >> THANK YOU MR. CHAIRMAN.

IN ECHOS SOME OF WHAT FELLOW MEMBER AVELLO STATED.

WHAT WE CAN DO TO GET MORE RESTAURANTS AND BUSINESSES AND PULL UP VACANCIES. TO MY KNOWLEDGE, WE HAVE ONE STAND ALONE RESTAURANT. I STILL THINK THAT IS ON LEAST LAND. EVERY OTHER RESTAURANT IS A TENANT. SHOULD ASK FOR SOME APPROVAL FROM THE LANDLORD THEY ARE GOING TO ALLOW THIS TO HAPPEN.

LANDLORD WILL HAVE TO APPROVE SEATING THEY PUT OUT AND TYPE OF TABLES AND CHAIRS THAT FIT WITH THEIR CENTER OR WHAT WAS APPROVED FOR THEIR CENTER. FROM THE PIZZA OR QUICK -- WE SHOULD BE COGNIZANT OF THAT AND MAKE SURE.

I THINK IT WILL HELP AND ALSO HELP ATTRACT BUSINESSES TO COME HERE AND RESTAURANTS TO OPEN UP. IF WE MAKE THEM PUT IN FULL CONCRETE BARRIER. EXTEND PROCESS.

LEASES ALLOW THEM TO HAVE CAFE TABLES.

SOMETHING THEY ARE PAYING FOR. WE SHOULD LOOK AT THAT AS WELL.

>> OKAY. PERMANENT BARRIER WOULD REQUIRE THAT. I WOULD LIKE TO LOOK AT THAT.

BIGGEST THING WE NEED TO BE AWARE OF IS PONT FOR KEEPING AREAS CLEAN. SHOPPING CENTER, 441.

THEY WANT THESE RESTAURANTS THERE.

PARTICULAR LANDLORD WANTS ALL RESTAURANTS THERE AND SIGNS UP.

WE NEED TO TEST THE CITY AND CODE ENFORCEMENT TO MAKE SURE PROPER NOTIFICATIONS AND OR FINES GIVEN OUT.

THESE COMPANIES MAKE A LOT OF MONEY AND SPEND LITTLE ON PROPERTY MAINTENANCE. THAT IS A BIG DEAL TO ME.

WE WANT PEOPLE TO COME HERE AND WE WANT PEOPLE TO BE HAVING A GOOD TIME. I THINK IF WE DO THINGS THAT MAKE IT HELPFUL FOR PEOPLE TO WANT TO MOVE HERE OPEN UP A BUSINESS, KNOWING IN THE FUTURE WHATEVER HAPPENS WITH THE VARIOUS PARCELS TAKEN ON A CASE BY CASE BASIS.

THAT IS IT. >> THANK YOU, CHAIR.

WELCOME ASHLEY. CONGRATULATIONS BIG HONOR.

THANK YOU FOR YOUR SERVICE. GOOD AMOUNT OF WORK BEHIND YOU.

THANK YOU FOR YOUR TIME. GREAT ORDNANCE, GAIL.

GREAT TO MEET YOU. >> THANK YOU.

>> MAYOR UNBELIEVABLE WE HAVE THIS IN THE CITY OF PARKLAND.

[01:00:02]

UNBELIEVABLE THIS IS WHAT WE ARE TALKING ABOUT TODAY.

KUDOS TO YOU. I KNOW NANCY LEFT.

IT IS EXCITING TO SEE THIS COMING AND US TRYING TO ATTRACT MORE BUSINESSES. GREAT COMMENTS FROM THE OTHER BOARD MEMBERS. TO FOLLOW UP ON A FEW, 15-50, SECTION C. THAT IS THE WAY -- I WAS OKAY TO ALLOW THAT. IF I WAS RUNNING A BUSINESS AND DIDN'T WANT A CAFE IN FRONT OF ME I WOULDN'T SIGN OFF.

NEIGHBOR WANTS TO SIGN OFF, THAT'S ON THEM.

THAT IS UP TO THEM. I AM GOOD WITH THAT ONE.

TO I, GOOD POINT ABOUT FOOD AND DRINKS.

TORN BETWEEN THAT. I LIKE THE IDEA IT WILL BE MODEST FOOD AND DRINKS SERVED OUTSIDE.

I CAN SEE IT BEING ABUSED AND BARS OUTSIDE AND TURN INTO A WHOLE PARTY OUTSIDE. I AM TORN THERE, I WOULD LEAN TO SAYING ALLOW IT, WE HAVE ALL THE OTHER ORDNANCESES IF THEY ARE TOO NOISY. SECTION I, I WOULD LEAN TO REMOVING THAT AND ALLOWING FOOD AND DRINKS TO BE PREPARED OUTSIDE. EITHER WAY I WOULD RECOMMEND ADDING THE WORD DRINKS SO IT IS CONSISTENT.

I WOULD LIKE TO SEE IT REMOVED IF THAT IS THE CONSENSUS.

Q, THE SMOKING. AGAIN COMMENT MADE ALREADY.

I DON'T KNOW WHY WE JUST MOVED IT UP 25%.

THAT WAS FROM COMMISSION OR WHY, WHERE DID THAT COME FROM JUST

BECAUSE WE DON'T LIKE SMOKING? >> [LAUGHTER] YEAH.

THERE WASN'T ANY RHYME OR REASON.

THERE IS NO ISSUE SURROUNDING THIS CODE SECTION.

>> I WOULD LEAVE IT AT 50% SIMILAR.

IF THERE IS A DESIGNATED AREA WE HAVE THEM ALL FENCED IN, LET'S HAVE THEM SMOKE IN THAT AREA. I DIDN'T KNOW WHERE THAT CAME FROM. WHEN WE GO TO R, IT DOES SAY THIS IS WITHIN FIVE FEET OF THE RODEWAY.

WE ARE TALKING ABOUT A PERMANENT BARRIER.

I THINK THAT IS A GOOD, NOW WE ARE TALKING ABOUT ALCOHOL BEING SERVED. FIVE FEET FROM THE ROADWAY.

I WOULD THINK THREE FOOT SHOULD BE HIGHER.

AT KARMELAS, WE MADE IT A FIVE FOOT HIGH FENCE.

TALKING ABOUT THE HEIGHT. >> FOUR IS YOUR TYPICAL BACKYARD

FENCE. >> I DON'T NEED IT TO BE SOLID CONCRETE OR CLAY. DECORATIVE FENCE.

THAT WHAT I WOULD THINK WE ARE SEEING MORE OF AN OPEN FENCE.

I DO SEE TO POINT OUT ACCEPTED BY THE CITY ENGINEER LATER.

I HAVE FAITH IN OUR NEW CITY ENGINEER.

>> SEPARATOR BETWEEN THE ROADWAY AND THE CAFE, YOU ARE

RECOMMENDING FOUR OR FIVE FEET. >> JUST TO MAKE SURE PEOPLE AREN'T STEPPING OVER NOW THEY TRIP AND HAVE FALLEN INTO THE ROADWAY AND HAVE A DISASTER. IT IS WRITTEN BOTH TOGETHER R.

MAINLY FOR THE ROADWAY. KARMELAS, YOU HAVE THE SIDEWALK

AND PARKING IN FRONT OF IT. >> IT WOULDN'T BE WITHIN FIVE FEET COMING TO THE PARKING SIDEWALK CAFE.

[01:05:07]

IT IS A GOOD STANDARD AND SHOULD BE UP TO THE CITY ENGINEER.

THAT IS WHO DETERMINED THE PROTECTION.

>> THAT IS GOING TO IMPACT CERTAIN RESTAURANTS ALREADY SET UP. [LAUGHTER], I AM BEING SERIOUS.

I WANT -- WE HAVE TO BE COGNIZANT WE WANT THEM TO SUCCEED. WE ARE DOING SOMETHING THAT ARE GOING TO TAKE AWAY TABLES. FOR INSTANCE MALL BECK GRILL.

>> I DON'T THINK THEIR SEATING AREA IS WITHIN FIVE FEET OF THE DRIVE AISLE. YOU HAVE LANDSCAPE AND SIDEWALK.

>> REFERENCE BACK TO CASE BY CASE.

WE CAN'T WRITE A STANDARD AND ORDNANCE FOR EVERY SPECIFIC CRITERIA. CASE BY CASE BASIS.

[INAUDIBLE] WITH DESIGN MEASURES ACCEPTED BY THE CITY.

MAYBE SCENARIOS WHERE PERMANENT ISN'T NEEDED BASED ON CASE BY CASE SITUATION. WHOEVER THE PERSON IS GOING TO DECIDE IS THIS SAFE? THAT IS MY FEELING.

MAYBE IT WON'T NECESSARILY BE A PERMANENT? I DON'T WANT TO LIMIT IT. WHAT THEY PROPOSE IS --

>> I AM GOOD WITH THIS OR NEED MORE.

>> WE COULD ALSO ADD LANDSCAPE MATERIAL.

WITH PROPER TREE PLACEMENTS, THOSE COULD BE BARRIERS.

THAT MIGHT BE AN ACCEPTABLE BARRIER.

WE COULD ADD THAT TO THE LANGUAGE.

WHERE IT SAYS BARRIERS INCLUDE FENCES, WALLS, CONCRETE PLANTARS. WE COULD PUT LANDSCAPE MATERIAL.

>> YOU NEED TO BE SPECIFIC WHO IS THE AUTHORITY.

HAVE ALL OF THOSE THAT CAN BE SELECTED EIGHT FOOT CONCRETE

WALL, POTTED PLANT. >> ARE WE GOING --

>> LET ALEX CONTINUE. >> OTHERWISE WE'LL -- CONTINUE,

ALEX. >> NEARLY LAST THING, 570.

I LIKE SECTION A. ADDED ALL THOSE IN.

SECTION B, WE CALL OUT A 2 OR A 5 TO BASICALLY BE THE ONLY TWO THAT COULD IMMEDIATELY SHUT THEM DOWN WITHIN 24 HOURS.

I WOULD LIKE TO SAY A 3 ABOUT NOISE VIOLATION.

IF ONE OF THESE CAFES IS CRANKING MUSIC PARTYING, I'LL USE MAYOR, HE GETS A CALL AND TAKES THREE DAYS TO SHUT THEM DOWN, THAT IS NOT ACCEPTABLE. I WOULD THINK WE ADD A 3 IMMEDIATELY REMOVED WITHIN 24 HOURS FOR NOISE.

>> UNDER 15-570 B. >> AND GO BACK TO THE COMMENT OF BRD. MY UNDERSTANDING BEFORE.

WE CREATED VRD THIS WOULD NOT BE A PART OF IT.

THAT WOULD BE ITS OWN ZONING CODE.

>> I DON'T THINK GAIL WAS HERE. DIDN'T GET APPROVED.

WE DON'T HAVE THAT ZONING DISTRICT RIGHT NOW.

YOU CAN ONLY DO A SIDEWALK CAFE IN A ZONING DISTRICT THAT PERMITS FULL SERVICE RESTAURANT. THIS THERE WAS A NEW DISTRICT IT WOULD NEED TO PERMIT FULL SERVICE VEST REST.

[01:10:04]

THEN YOU COULD GET THE SIDEWALK CAFE.

>> LAST OTHER GOOD COMMENT, APPROVAL FROM THE LANDLORD, I WOULD LIKE TO SEE THAT PART OF THE APPLICATION AS WELL.

>> PROPERTY OWNER HAS TO SIGN THE APPLICATION, APPLICANT IS USUALLY THE TENANT. A LOT OF TIMES THEY ARE PARTICIPATING IN SUPPORT OF THEIR TENANT.

>> THANK YOU SO MUCH. THAT IS ALL.

>> THANK YOU, ASHLEY, DO YOU HAVE COMMENTS OR INPUT AT THIS

POINT? >> I HAVE A COUPLE.

GREAT JOB WRITE UP AND PROPOSED CHANGES.

UM, 15-530, NO. 1, PROPOSED HOURS AND IMPACT ON NEIGHBORING ESTABLISHMENTS AND COMMUNITIES. I REFER BACK TO CASE BY CASE BASIS. HARD TO DEFINE AND IMPACT ON NEIGHBORING ESTABLISHMENT OR COMMUNITY UNTIL WE SEE WHAT IS PROPOSED FOR THE ENTITY. SAME SECTION, NO. 2 CODE ENFORCEMENT COMPLIANCE RECORD FOR THE PROPERTY.

NO. 3, POLICE ENFORCEMENT ACTIVITIES DIRECTLY RELATED FOR THE RESTAURANT ESTABLISHMENT, IS THAT SUPPOSED TO BE WRITTEN THAT WAY? PROPERTY HAS CODE COMPLIANCE ISSUES, SOUTH SIDE AND PROPOSED APPLICANT IS LOCATED ON THE NORTH SIDE IS THE APPLICANT GOING TO BE NOT PERMITTED TO BE APPROVED BECAUSE OF OTHER ACTIONS UNRELATED? THAT IS A QUESTION THERE. POLICE ACTIVITY AT A PARTICULAR BUSINESS I DON'T KNOW IF CLARITY NEEDS TO BE MADE THERE.

TO DIAL DOWN ON CODE ENFORCEMENT.

INPUT ABOUT SPECIAL IMAGINE TRAIT.

IMAGINE -- AND NOT GOING THROUGH CODE ENFORCEMENT BASED ON THEIR INTERPRETATION OF THE CIRCUMSTANCES.

>> RIGHT, MOSTLY LIABILITY INSURANCE AND SAFETY.

SAFETY FOR THE LAYOUT. >> OKAY.

THOSE ARE MY COMMENTS AT THIS TIME.

WE ARE GOING TO HAVE A CONVERSATION, DISCUSSION AMONGST OURSELVES IF YOU HAVE ANY FURTHER COMMENTS?

DAVID? >> JUST GENERALLY, I HAVE HAD SOME EXPERIENCE BOTH FROM ZONING PERSPECTIVE AND CODE ENFORCEMENT PERSPECTIVE DEALING WITH OUTSIDE USES.

ALEX IS ABSOLUTELY RIGHT. WHEN THERE IS A PROBLEM AT ONE IF YOU CANNOT CLOSE IT, YOU HAVE A PROBLEM.

SOMETIMES IT TAKES A LONG TIME TO CLOSE TO GO THROUGH CODE ENFORCEMENT PROCESS, NOTICE PROCESS, THEN SOMETIMES GOD FOR BID SOMEBODY TRIPPED OVER SOMETHING, TECHNICALLY, THEN YOU CAN'T -- IN REGARD TO THE SPECIFICITY OR BROADNESS OF THESE APPLICATIONS THEY HAVE TO BE SPECIFIC.

REGRETFULLY WE CAN'T SAY ADA PEOPLE IN THE FIELD WON'T KNOW WHAT THE NUMBER IS NECESSARILY. PEOPLE WHO FILE THEIR APPLICATION TO SHOW US HOW THEY ARE GOING TO COMPLY, THEY ARE NOT GOING TO NECESSARILY KNOW WHAT IT IS.

IF SOMEBODY DOESN'T KNOW WHAT IT IS, WE'LL HAVE A VERY DIFFICULT TIME ENFORCING. I DIDN'T KNOW IT WAS 48 INCHES.

I DIDN'T KNOW IT WAS THREE FEET. APPLICATIONS NEED TO BE VERY SPECIFIC WITH HOW THESE PEOPLE ARE GOING TO CONTROL.

WHAT IS OVERARCHINGLY IMPORTANT, I DON'T KNOW IF THAT IS A WORD TO REMEMBER IS WE ARE NOT TALKING ABOUT A CONDITIONAL USE

[01:15:02]

HERE. WE ARE NOT TALKING ABOUT A SPECIAL REQUEST. SOMETHING COMING BEFORE THE PLANNING BOARD AND CITY, THIS IS A BI-RIGHT PETITION WE ARE TALKING ABOUT. FACT WE ARE THINKING ABOUT POSSIBLY BY RIGHT ALLOWING OUTDOOR PREPARATION OF FOOD TV'S, LOUD SPEAKERS, NOISE, EVERYTHING, VERY DIFFERENT THING THAN APPROVING B 1, EVERYTHING NEEDS TO BE INSIDE.

ONCE YOU START GOING OUTSIDE WITH TV'S AND LOUD SPEAKERS IT CAN GET AWAY FROM YOU QUICKLY. NOISE STANDARDS ARE VERY DIFFICULT TO ENFORCE. THESE ARE IN MANY AREAS CASE BY CASE BASIS. SOMEONE HAS TO LOOK AT THIS AND KNOW WHETHER OR NOT IT IS GOING TO BE A PROBLEM.

I THINK WE NEED SPECIFIC APPLICATIONS.

I AM NOT IN FAVOR OF HAVING OUTDOOR TV'S OR SPEAKERS OR FOOD PREPARATION. COULD VERY EASILY BECOME EVENTS.

BEER COOLERS EVERYWHERE. MOST OF THE SITE PLANS, ALL OF THE SHOPPING CENTERS CONTEMPLATING INDOOR SEATING.

ONE OF OUR BUSIEST SHOPPING CENTERS HAS A CIRCULATION PROBLEM NOW WITH THE OUTDOOR SEATING.

ALL YOU HAVE TO DO IS TRY TO WALK UP AND DOWN BETWEEN BAGELS WITH AND STARBUCKS, THERE IS NO SEPARATION.

IT WAS DESIGNED WITH EVERYTHING INSIDE.

OF COURSE I WANT TO HELP PEOPLE AND ALLOW THEM.

IT IS IMPORTANT. IF IT IS RAINING AND YOU PARK TO THE SOUTH END -- THEY HAVE TO HAVE CIRCULATION.

WITH A DISTINCT PLAN THEY CAN EASILY SHOW HOW IT IS ORGANIZED.

THEY CAN DO IT BEFORE THEY ZIT SET IT UP.

AS LONG AS THEY MAINTAIN IT, IT WOULDN'T BE A PROBLEM.

WE NEED SPECIFIC REGULATIONS IN THE APPLICATION.

THIS IS A SEPARATE THING THAN APPLYING FOR THE PERMIT TO APPLY FOR INDOOR RESTAURANT. THIS IS BY RIGHT ALLOWING PEOPLE TO GO OUTSIDE WITH MUSIC, WE DON'T KNOW IF LOUD ENTERTAINMENT, SPEAKERS, LIGHTS, ALL THE SUDDEN WE HAVE THE POTENTIAL TO START CREATING A LOT MORE ACTIVITY IN BUILDINGS HEAVILY SCRUTINIZE TO BE THE WAY THEY ARE.

WE DON'T REQUIRE A SITE PLAN FOR THIS.

TERRA COTTA POTS I WAS TRYING TO GET AWAY FROM.

EASIEST WAY, 12 GALLON TERRA COTTA PLANTS.

PLANTS DON'T LIVE BECAUSE THEY ARE NOT WATERING THEM AND GET THESE UGLY POTS IN FRONT OF MULTIMILLION DOLLAR GORGEOUS SHOPPING CENTERS. WE CAN'T RELY, I DON'T THINK WE SHOULD EVER RELY ONLY ON THE LANDLORD'S POLICING THEIR GET VARYING DEGREES OF THAT.G T- I DON'T THINK WE SHOULD ONLY RELY ON THE STATE TO ENFORCE ALCOHOLIC BEVERAGE REGULATIONS.

THIS IS SOMETHING SEPARATE. THIS IS THE STANDARD WE WANT TO PARKLAND. A FLEXIBLE STANDARD.

THIS IS A GENERAL ORDNANCE. DON'T ROIR EXTRA PARKING.

WE ARE TALKING ABOUT THOUSAND THEY CAN SET UP.

WE ABSOLUTELY NEED THE TOOEL TOOLS HAVE BEEN A STAFF PERSON.

THIS IS ABUNDANTLY CLEAR THIS IS WHAT YOU ARE SUPPOSED TO DO AND AGREED TO DO. NOT LIVING UP TO IT, LET'S FIX IT. CAN'T RELY ON OTHER STANDARDS, IT IS GOING TO BE PROBLEM MAT MAIC FOR ENFORCEMENT.

>> I DON'T SEE HOW THAT COULD HAPPEN.

IF YOU ARE GOING TO SUBMIT A DRAWING THAT HAS TO SHOW TRAVEL.

>> RECOMMENDATION TO NOT SHOW THE PASSIVE TRAVEL.

[01:20:07]

>> CITY ENGINEER DOES KNOW ADA. >> CITY ENGINEER WILL NOT BE OUT ENFORCING. THEY HAVE TO SHOW A PLAN.

IF THEY CAN'T SHOW A PLAN THEN THEY CAN'T DO IT.

IF YOU DON'T HAVE THE SPACE, CAN'T DO IT.

>> I AGREE. WHAT I WAS TRYING TO TO SAY, THEY TO PROVIDE UPDATED SITE PLAN.

I HAVE X AMOUNT OF FEET FROM BACK RAILING.

I AM TAKING X NUMBER OF SQUARE FEET.

THIS IS HOW I AM GOING TO BE UTILIZING THAT SPACE.

THESE ARE THE PLANS I AM GOING TO USE.

THIS IS THE RAILING I AM GOING TO INSTALL.

THAT DRAWING HAS TO BE SUBMITED TO THE CITY WITH THEIR

APPLICATION. >> HE SAID HE WANTED ADA OR

THREE FEET. >> I THINK WE NEED --

>> ARE YOU INTERCHANGING THE DEFINITION SITE PLAN AND FLOOR

PLAN? >> FLOOR PLAN IS INSIDE, SITE

PLAN IS OUTSIDE. >> WE ARE NOT TALKING TO ANYTHING DIFFERENT THAN WHAT KARMELA DID.

THEY DID A GREAT JOB. SHOWED US WHERE THE OPEN AREAS WERE GOING TO BE. WE HAD A CLEAR PATH.

WE ARE DECLINING THE WIDTH OF THE CLEAR PATH.

WE HAVE PROBLEMS RIGHT NOW. >> I AM GOOD WITH DEFINING CLEAR

PATH. >> TAKING OUT MINIMUM

DIMENSIONS. >> GOOD LEAVING IT IN.

SEE >> I DO WANT TO OPEN UP THIS AGENDA ITEM TO THE PUBLIC AND SEE IF ANYBODY FROM THE PUBLIC AND WISHES TO SPEAK ON THIS AGENDA ITEM? ANYBODY SEEING NONE. DID MY DUTY AND WILL NOW CLOSE

IT FOR THE PUBLIC. >> I THINK EVERYBODY AGREED.

THEY WANT TO SEE THE PATH IN THERE.

>> YES. >> I AM FOR THAT.

I WANT TO SEE WHERE THE TABLES ARE GOING SO THE STAFF CAN SEE IF THEY ARE IN CONFORMANCE. IF THEY ARE, THEY KNOW IT WAS ACCEPTABLE. IF THEY ARE NOT I THINK MAYBE

THE CASE WE'LL HAVE A PROBLEM. >> ANYBODY HAVE ADDITIONAL ITEMS WE HAVEN'T CHARTED DOWN AS FAR AS TOPICS WITHIN WHAT WE HAVE

PROVIDED TO GAIL AND OUR INPUT? >> I WOULD LIKE TO EMPHASIZE POLICE DETAIL AND DISCRETION OF THE POLICE.

THAT THE OWNERSHIP WOULD PAY THE FEE FOR THE SPECIAL DETAIL.

I THINK THAT IS NECESSARY. HELPFUL.

GIVES ANOTHER MECHANISM. I HAVE THE CARROT AND STICK YOU HAVE ADDITIONAL STICK TO USE TO GET COMPLIANCE.

>> QUESTION ABOUT TRANSFERABLE ASPECT OF THE PERMIT.

SIDEWALK CAFE PERMITS SHALL NOT BE TRANSFERABLE.

IF A BUSINESS IS SOLD, DOES APPROVAL GO AWAY? NEW APPLICATION BE INPUT OR START FROM SCRATCH? FRIDAY BUSINESS CLOSES, SATURDAY NEW OWNER STARTS OVER?

>> YOU WOULD HAVE TO REAPPLY. HOWEVER IF THERE WAS NO CHANGE TO OUTDOOR SEATING PLAN AND UTILIZE THE SAME FURNITURE AND LAYOUT, YOU COULD USE THAT SAME PLAN SAY THERE ARE NO CHANGES AND RELATIVELY EASY APPROVAL. IF YOU ARE BRINGING NEW FURNITURE AND BRANDING UMBRELLAS, IT WOULD BE A NEW SUBMITTAL AND PROPOSAL FOR YOUR NEW LAYOUT.

>> AND UPDATED LIABILITY INSURANCE?

>> WE NEVER WANT TO GET INTO TOO MUCH OF THE MECHANICS AS AN

[01:25:05]

ADVISORY BOARD. TO THE SAME TOPIC, IF YOU WILL, UNDER 15-520B THIS IS FOR APPLICANT TO MAKE APPLICATION, RIGHT, RESTAURANT CURRENTLY DOESN'T HAVE SIDEWALK CAFE AND APPLYING FOR COPY OF VALID ALCOHOLIC BEVERAGE LICENSE.

BY DEFINITION ALLOWS THE OPERATION AND THE LICENSES ISSUED FOR INDOOR CONSUMPTION, SHOULD BE SUBJECT TO IF THERE IS INCREASE OF THE LICENSING REQUIREMENTS FOR THE STATE.

BEVERAGE AND TOBACCO. LICENSING AGENCY SHOULD BE SUBJECT TO REQUIRING OUTDOOR ASPECT IF THEY ARE APPROVED.

I AM SURE COST FEES. THE ALLOWABLE PATRONS, SEATING.

HOW MANY BAR STOOLS ALL THAT, THAT COULD EFFECT THE EXPANSION TO THE OUTDOOR. THAT IS KIND OF LIKE THE HORSE

BEFORE THE CART. >> YEAH, I THINK THIS WAS UNDERSTANDING WOULD HAVE BEEN THAT THE RESTAURANT INSIDE

ALREADY HAD ALCOHOL. >> UNDERSTAND.

I THINK TONIGHT I DON'T KNOW FIRSTHAND, IF THERE IS EXPANSION OF A LICENSE ISSUED TO ALLOW OUTDOOR, SHOULD BE BY OUR ORDNANCE, SUBJECT TO THE REQUIREMENT SHOULD BE SUBJECT BEFORE THE ISSUANCE SUBJECT TO THE APPLICANT PROVIDING THAT.

I DON'T THINK THEY SHOULD GO GET IT AND DENIED.

THEY HAVE GONE THROUGH EXPENSE TO ACHIEVE SOMETHING THEY ARE

NOT USING. >> RIGHT.

>> IT DOES SAY IF APPLICABLE. NOT ALL OUR SIDEWALK CAFE WILL

HAVE ALCOHOL. >> COULD BE A COFFEE SHOP.

I GET IT. >> OR A BAKERY.

YOU WOULD BE SURPRISED. >> MR. CHAIRMAN I DON'T KNOW WHERE I LANDED. DISCUSSION ABOUT I.

FOOD SHALL NOT BE PREPARED IN THE AREA.

I DIDN'T GET A SENSE THERE WAS A DIRECTION.

I DON'T AGREE WITH TAKING IT OUT.

I FEEL PRETTY STRONGLY ABOUT THAT.

I DON'T THINK FOOD AND DRINKS SHOULD BE MADE OUTSIDE OF THE KITCHEN AREA. IF MANY REASONS, PROPER FOOD HANDLING, ODORS. CUTTING AN ONION IS DIFFERENT CUTTING IT IN THE KITCHEN. DIFFERENT EXPERIENCE.

FOOD STATION AND DISHES. I DON'T THINK IT IS GOOD.

I WOULD PREFER TO LEAVE THAT IN. I DON'T KNOW WHERE YOU LANDED ON

THAT. >> HAS ANYBODY SEEN A RESTAURANT IN FLOOR SOUTH FLORIDA OTHER THAN CUTTING AN ONION OUTSIDE.

I CAN UNDERSTAND YOU DON'T WANT ALCOHOL PREPARED.

>> GUACAMOLE. I DON'T WANT AN ONION THAT IS

THE EXAMPLE. >> THEY COULD STATIONS, ANY TYPE OF BARBECUE. ANYTHING THAT WOULD GENERATE AN

ODOR. >> RESTAURANTS VENTILATION.

YOU CAN SMELL A BURGER KING A MILE AWAY.

>> HAVE WE BEEN TO THE BURGER KING IN PARKLAND? LET'S GIVE STAFF DIRECTION. LET'S TALK A MINUTE ABOUT HOW WE WANT TO PROCEED WITH A RECOMMENDATION.

WHETHER OR NOT WE WANT TO SEE THE REWORKED PROPOSED ORDNANCE BACK TO US AND HOW TO DO THE MECHANICS.

[INAUDIBLE] >> WHY IS THIS -- I WOULD LIKE TO MAKE THAT MOTION FIRST. LET'S GET DIRECTION.

[01:30:02]

MY RECOMMENDATION TO ELIMINATE PROHIBITION AGAINST FOOD SIDE PREPOSITION. MY MOTION WOULD BE TO CHANGE --

I AM MAKING A MOTION. >> IT IS A VOTE NOT A MOTION.

ON THE DIRECTION TO MAYBE INCLUDE IN A FUTURE MOTION TO BE

MADE BY THE ORDNANCE. >> SURE, WHAT HE SAID.

I HAVE NO PROBLEM WITH FOOD PREPARATION.

FOOD MAYBE CARRIED AND PREPARED AT TABLES HOWEVER IT SHOULD BE WORDED. FOOD SHALL NOT BE STORED IN THE SIDEWALK CAFE AREA. ALCOHOLIC BEVERAGES SHOULD NOT BE PREPARED IN THE OUTSIDE AREA. MIDDLE OF THE ROAD THERE BECAUSE/WANT JOEL TO GET GUACAMOLE.

>> I AM GOING TO TAKE A MOTION. >> JUST OUTSIDE THE BUILDING.

>> UNOFFICIAL, OFFICIAL DESIRE. >> THIS MOTION IS WHO IS OKAY

WITH WHAT NATE IS SAYING? >> IT IS A --

>> AS I MENTIONED BEFORE I WOULD REMOVE -- THIS IS A YES OR NO.

DON'T CONFUSE ME. >> YES ALLOW, NO.

>> YES OR NO. >> YES.

>> YES. >> ALEX INDICATED HE WAS OKAY WITH FOOD AND DRINK PREPARATION OUTSIDE.

>> WE ARE GOING TO TAKE A MOTION.

>> JOEL? >> TO BE CLEAR THIS IS NOT A NO MOTION. WE ARE JUST DISCUSSING WHERE WE

ARE AS A BOARD. >> IT IS OUR SUGGEST TO STAFF.

>> JOEL? >> YES.

>> NATE? >> YES.

>> TONY AVELLO? YES.

>> TODD ROGERS? >> NO.

>> DAVID OFSTEIN? >> NO.

>> CHAIRMAN MURRAY ZWEIG? >> I WOULD SAY YES.

>> THAT GIVES SOME DIRECTION OF WHAT OUR MINDSET IS.

MAY OR MAY NOT BE -- >> NO STORAGE OF DISH CARTS

EQUIPMENT, COOLERS. >> NO STORAGE OF FOOD EITHER.

>> I HAVE BEEN TAKING NOTES, A SKETCH PLAN TO A SITE PLAN.

EVERYONE IN AGREEMENT? >> YES.

OR MORE DETAILED PLAN. >> RIGHT.

>> I'LL WORK WITH LANGUAGE TO AVOID CONFUSION WITH THE SITE

PLAN FOR THE FACILITY. >> THAT IS WHAT I WAS TALKING

ABOUT. >> IS THERE UNANIMOUS?

>> OKAY. >> MR. OFSTEIN SPOKE REGARDING WHETHER THE SIDEWALK CAFE COULD EXPAND TO ADJACENT BUSINESS NEXT DOOR IF THAT BUSINESS APPROVED IT AND CLOSED.

>> DAVID SAID NO. >> LANDLORD WOULD HAVE TO ALLOW

NOT US. >>LET'S HAVE AN INFORMAL --

>> THIS IS A YES OR NO, THOUGH, SIDEWALK CAFE AFTER BUSINESS IS CLOSED NEXT DOOR USE THAT SPACE YES OR NO?

>> HOLD ON A SECOND? >> DAVID WANTED TO DISCUSS THAT?

>> NO, I LIKE THIS A LOT BETTER. VOTING ON.

>> WE EACH HAD COMMENT AND INPUT AND PUTTING IT FORTH IN A

[01:35:02]

MAJORITY. >> ALEX SAID YES.

>> BEFORE YOU VOTE, I WANT TO CLARIFY EXISTING LANGUAGE INCLUDING AMENDED LANGUAGE DOES NOT REQUIRE THAT THE BUSINESS BE CLOSED. I DON'T KNOW IF THAT IS WHAT

MR. OFSTEIN? >> I AM SIMPLE.

I DON'T THINK THEY SHOULD BE ALLOWED TO GO IN FRONT OF OTHER

BUSINESSES? >> OKAY.

ALEX? >> YES.

>> JOEL? >> HOLD ON FOR CLARIFICATION.

>> SUPPORTING IT IS TO ALLOW IT SEE TABLES WITH WRITTEN PERMISSION FROM THE OTHER TENANT.

>> AND THE LANDLORD HAS THE SIGN THE APPLICATION.

YES. >> JOEL?

>> YES. >> NATE?

>> NO ONLY ADJACENT TO OR IN FRONT.

>> I WOULD LIKE TO MAKE A POINT, [INAUDIBLE] JUST AGREED WITH ME.

>> 7:37. >> DUALLY NOTED.

>> TODD? AS LONG AS THEY ARE NOT

PREPARING FOOD OVER THERE. >> DAVID YOU ARE A NO.

I KNOW THAT. >> CHAIRMAN?

>> YOUR CHILDREN ARE NEVER GOING TO SLEEP.

>> ASHLEY? >> THE COUNT IS THREE NO'S.

YES OUT RULED. >> ALSO MENTIONED LIGHTING, I THINK IT WAS TO MAKE SURE LIGHTNING WAS IN COMPLIANCE WITH

THE CODE. >> JOEL MENTIONED LANDLORD APPROVAL. ALSO THE SUBJECTIVE TERM OF QUALITY. SUCH AS FIXED CON PLEX

OBSTACLES. >> THEY ARE GOING TO PAY FOR IT.

WE ARE GOING TO KNOW THAT THEY ARE GOING TO ENGAGE WITH US.

>> LIKELY THEY ARE NOT GOING FOR A MAJOR SITE PLAN AMENDMENT.

THEY DON'T HAVE THE TIME OR MONEY.

VERBIAGE THAT GUIDES US TO AMENABLE OUTCOME.

THERE ARE NICE LARGE CONCRETE PLANTARS.

[INAUDIBLE]. >> WE DO HAVE THAT AND DO HAVE

FIRE. >> WITH RESPECT TO HOW IT IS

WRITTEN IN THE ORDNANCE. >> CAN BE FOLLOWED AND WILL HAVE TO BE APPROVED. OLD THING I ALWAYS SAY AND VERY SUPPORTIVE OF IT, BE CAREFUL WHAT YOU WISH FOR.

WE HAVE TO MAKE SURE WE HAVE BELTS AND SUSPENDERS TO VET A

REQUEST. >> MY PURPOSE IN MAKING THOSE

[01:40:06]

COMMENTS. TO AVOID CHEAP BIG TERRA COTTA POTS. WE SHOULDN'T ALLOW IT TO BE

MUDDLED UP. >> OUR LANDSCAPE GIVES SUGGESTED

SPECIMEN. >> IS THE CONTAINER OR BARRIER.

I DON'T WANT TO SEE, YOU KNOW, CHEAP THINGS PUT OUT IN FRONT OF

THESE PLACES. >> THEN THE ENGINEER CAN LOOK AT IT, THAT THING WEIGHS 200 POUNDS NOBODY IS MOVING.

>> JUST LIKE FIRE IS GOING TO APPROVE LIFE SAFETY, ENTRANCE

DOORS. >> CONNECTION FROM INSIDE TO OUTSIDE TO THE CAFE. THEY GIVE YOU BOTH.

>> WE ARE NOT GOING TO GET INTO LARGER SPACE FOR EXAMPLE.

ONE OF THE FIRE EXITS OUT INTO THE SIDEWALK CAFE THAT YOU ARE NOW IN A FENCED IN AREA. THERE IS A MECHANICIAN TO HAVE ANOTHER GATE. WE ARE NOT GOING TO GET INTO THE

OF ALL OF THAT. >> DOESN'T THE LAST SENTENCE PROTECT US? THAT IS PROTECTING US.

GENERAL STATEMENT SAYING, YOU CAN'T PUT RED -- IN FRONT OF COUNTRY FARMHOUSE. THAT LAST SENTENCE COVERS US.

ONLY THING ON R AGAIN, THAT THREE FOOT IS WORRISOME WE PUT THAT IN THERE. MAYBE REMOVE IT AND LET CITY ENGINEER FIGURE OUT PER SITE OR I WOULD LIKE TO SEE THAT R GO

HIGHER TO FOUR FOOT HIGH. >> MAY I MAKE A SUGGESTION.

SPEAKS TO ACCEPTED PROTECTION METHODS.

WE COULD ALSO ADD SOMETHING ABOUT CONSISTENT WITH THE DESIGN OF THE BUILDING. SOMETHING LIKE THAT.

IT IS SITE SPECIFIC CONTEXT. YOUR POINT WE ARE ALREADY LOOKING AT SITE -- WE COULD ADD THE DESIGN COMPONENT.

THAT MAY HELP. >> IN THE SIGN CODE LANGUAGE THAT HAS TO MATCH IN ARCHITECTURAL STYLE, COLOR, MATERIAL OF THE BUILDING. IT SAYS IN SOME WAY YOU HAVE TO TIE IN. WE CAN ADD LANGUAGE THAT SAYS ANY MATERIAL IN THE OUTDOOR CAFE THAT HAS TO COMPLIMENT ARCHITECT

DHUR RAL STYLE OF PLAID PLAZA. >> IS THERE A REQUIREMENT TO BRING IN ROOF TOP SAMPLES. RAILING COLORS, PLANTAR? THERE IS NOT. WHEN WE REFER TO THAT, HAS TO BE WORDED APPROPRIATELY SO IT BE REVIEWED.

>> THEY CAN COME UP WITH LANGUAGE FOR THAT.

COULD BE A CUT SEAT. AS LONG AS STAFF.

NORMAL COURSE OF BUSINESS WOULD THIS BE REVIEWED BY THE PROFESSIONAL? IF IT IS NOT, I THINK WE SHOULD

FLAG. >> IT IS.

>> THEY SAID IT WASN'T. >> I DO THE PLANS, IT IS.

HE LOOKS AT ALL THE FEATURES. HE SEES THEY ARE CONSISTENT.

>> I THINK OVER AND ABOVE, WE SHOULD HAVE IT IN THE CODE THOSE

ARE ACCEPTABLE. >> ANTHONY, SPEAK TO WHAT KATELYN SAID. WHAT DOES IT SAY WHETHER WE DO

IT OR NOT. >> I WASN'T SURE --

[01:45:02]

>> ONLY IF THEY HAD -- PIZZA. >> JUST TO BE CLEAR CAB APPLICATIONS GET REFERRED. IN AN INSTANCE SIDEWALK CAFE PERMIT. NOT SURE THE APPLICATION FEE WOULD COVER THE COST. OUR DDRP WOULD NEED TO RECOOP AND RESTRUCTURED TO INCREASE APPLICATION FEE IF YOU ARE GOING TO PUNT ALL THESE TO THE DDRP. THEY ARE GOING TO CHARGE FOR

THEIR REVIEW SERVICES. >> I AM NOT SURE OF THE DDRP'S REVIEW SHOULD BE COST PROHIBITIVE.

THEY ARE GOING TO LOOK AT THE POTS.

THEY ARE GOING TO SAY YES OR NO. >> I DON'T KNOW THEIR MINIMUM.

WE ARE NOT TRYING TO OVERLY TAX THEM.

WE ARE TRYING TO MAKE SURE WE HAVE GUIDELINES WHAT THEY ARE PUTTING OUT THERE IS CONSISTENT WITH THE ARCHITECTURE.

IF THE WAY WE DO THAT IS WITH OUR DESIGN REVIEW PROFESSIONAL.

MAYBE THEY COULD COME UP, THIS IS NOT A LENGTHY REVIEW.

>> THERE IS NOBODY TO SAY THEY CAN'T HAVE A WHITE ALUMINUM FENCE WITHOUT HAVING IT REVIEWED.

>> I DON'T THINK IT IS BEYOND ANY OF THE PLANNING STAFF TO DETERMINE THE PLANTARS ARE COMPATIBLE WITH THE BUILDING.

I DON'T KNOW THAT YOU NEED TO INTEGRATE THE DDRB.

THEY WILL CHARGE FOR THEIR SERVICES.

IT WOULD NEED TO BE CONT CONTEMPLATED.

>> GAIL, ONE OTHER THING, SITE SPECIFIC CONTEXT ON R.

IF WE COULD ADD THAT INTO D. D IS JUST TALKING ABOUT ALCOHOLIC BEVERAGE. NOT TALKING ABOUT AROUND PARKING SPACES. WE ARE STILL TALKING ABOUT A BARRIER FOR ALCOHOL. STILL TO MAKE SURE THAT BARRIER IS ACCEPTABLE BASED ON THE SITE SPECIFIC DESIGN.

LAST SENTENCE IS AN A GOOD ONE. TO ADD.

>> TO SPEAK TO WHAT YOU WERE TALKING ABOUT EARLIER.

IF YOU RECALL DIVE PIZZA BECAUSE HE HAD SIGNIFICANT IMPROVEMENTS IN THE CAFE AREA. PREDOMINATELY THE AWNING, HE ENDED UP AS CAB OR FPA APPLICATION IF THE BUILDING CHANGES. IF WE WERE DOING SOMETHING MUCH SMALLER POTENTIALLY LIKE LET'S ASSUME IN FRONT OF STARBUCKS THERE WAS ADEQUATE SEATING FOR SIX OR EIGHT TABLES THAT COULD MAKE THE REQUIREMENTS OF THE CODE.

THAT COULD BE DONE WITH STAFF REVIEW.

TABLES, CHAIRS, PLANTARS, AWNINGS.

SOMETHING LIKE THAT WOULD ROLL TO A CAB AND KICK IN DDRP REVIEW. SMALL ONES ARE GOING TO GO THROUGH THE STAFF ADMINISTRATIVE PROCESS MAYBE A CALL UP APPLICATION. MORE SUBSTANTIAL.

MORE SUBSTANTIAL REVIEW DDRP WOULD BE INVOLVED.

>> ANTHONY? SITE PLAN, QUALITY.

>> NATHANIEL BROUGHT UP ADA REFERENCES.

MUSIC AN TV OUTSIDE. >> DO WE NEED TO HAVE A

DISCUSSION? >> WE NEED TO VOTE ON IT.

THIS JUST ALLOWS -- >> WHERE ARE WE ADDING TV'S AND

[01:50:04]

MUSIC. >> FOOD PLACE, FRESH CASH.

TV'S AND SPEAKERS OUTSIDE. >> PROVIDED IT DOESN'T AND LEASE

AGREEMENT. >> THIS IS FUNDAMENTAL CHANGE.

>> LOCATION OF THE TV'S AND DIRECTION PART OF THE REVIEW.

WOULDN'T PUT THEM ON THE PERIMETER.

>> SHOULD WE TAKE YOUR TEMPERATURE ON WHO WANTS TV'S

AND SPEAKERS? >> LET'S GO THROUGH THE MOTION

OF DOING IT. >> THIS IS NOT IN THIS ORDNANCE.

CURRENTLY PERMITTED IN THE CITY. MULTIPLE ESTABLISHES THAT HAVE THIS. ALL SUBJECT TO THE DECEMBER NL HOURS.

>> I DON'T KNOW IF IT IS A PROBLEM.

I HAVEN'T HEARD OF COMPLAINTS OF OUTDOOR CAFES.

>> WHO IS IN FAVOR OF TV AND SPEAKERS?

>> CURRENTLY PERMITTED. >> IF YOU DECIDE NOT TO SUPPORT

IT WE'LL BE DELETING IT. >> ALEX TO KEEP?

>> KEEP P. >> JOEL?

>> KEEP. >> VICE CHAIR, TONY AVELLO?

>> KEEP. >> TODD ROGERS?

KEEP. >> CHAIRMAN ZWEIG?

NO. >> ASHKELON, ASHDOD, AND

BEERSHEVA? >> 5-2.

>> ALSO NATHANIEL RECOMMENDED SMOKING HALF AND NOT SUPPORTING CHANGE TO 75%. SHOW OF HANDS.

50% NON SMOKING. >> IN REALITY WHO IS POLICING THAT? THERE IS NO WAY TO POLICE THAT ALL OR NOTHING PROPOSITION AS FAR AS I CAN SEE IT.

>> 75, YOU CAN GET A HOOKAH BAR? >> I AM SERIOUS.

>> STAFF SUPPORTING HEALTHY LIFE STYLE.

75%. WE CAN LEAVE CODE AS IT STANDS

OR INCREASE. >> LEAVE IT.

>> LEAVE IT. >> LEAVE IT AS 50.

>> NOT AWARE IT IS AN ISSUE. >> NOT AWARE IT IS A DISCUSSION.

>> IS THAT WHY IT WAS CHANGED. >> KEEP 50% UNANIMOUSLY.

>> ASHLEY? >> KEEPING 50%.

FURTHER ON THE LIST HERE. I BELIEVE WE ALREADY COVERED WHETHER WE WOULD BE SPECIFIC AS TO MEASUREMENT REQUIREMENTS PATH REQUIREMENTS NOT JUST ADA STANDARDS.

NO OVERRUNS, REGARDING ADA STANDARDS.

IT WAS A THREE FOOT DISCUSSION WHERE IT SAYS THREE FEET TO

MAINTAIN ACCESSIBILITY. >> THAT IS A GIVEN.

>> YES. ARE YOU OKAY WITH THAT.

OR DO YOU WANT TO THREE FEET STAYS OR REMOVED.

>> I THINK WE JUST SAY PEDESTRIAN ACCESS THAT

MAINTAINS, YOU KNOW. >> SOME OTHER DISCUSSION WITH THE BOARD, IF YOU DON'T GIVE PEOPLE A NUMBER, YOU ARE NOT

SETTING A MINIMUM STANDARD. >> A LOT OF MEASURESMENTS THAT COME INTO EFFECT WITH TRAVEL DISTANCE AND AISLE WIDTHS.

WHETHER IT IS INSIDE OR OUTSIDE. START PUTTING NUMBERS, IT COULD CONTRADICT FIRE EGRESS CODE. OCCUPANCY NUMBERS.

[01:55:05]

>> WOULD YOU WANT TO CHANGE MINIMUM AS THREE FEET OR AS

REQUIRED BY ADA. >> [INAUDIBLE]

>> GET RID OF THREE FEET. >> GET RID OF THREE FOOT.

>> COMPLY WITH ADA. >> I AM NOT GOOD WITH THAT ONE.

WE NEED TO GIVE INSPECTORS A NUMBER UNFORTUNATELY.

>> IT IS GOING TO BE ON THE PLAN.

>> YOU ARE GOING TO SEE THE PLAN UP FRONT.

>> THEY ARE NOT GOING TO HAVE THE PLAN IN THE FIELD.

>> I THINK THE NUMBER. I LIKE THE MINIMUM OF THE THREE FOOT WITH ADA. I STILL THINK WE NEED A NUMBER FOR INSPECTORS AND CODE ENFORCEMENT.

BOOM, WHIP OUT THE TAPE. >> WHY WOULDN'T THEY HAVE THE DRAWING? THEY ARE OUT IN THE FIELD.

ENFORCEMENT. THEY DRIVE AROUND THINGS VISIBLE NOT IN COMPLIANCE. THEY DON'T GO OUT FOR A SPECIFIC. SOMETIMES THEY'LL DO A SWEEP.

OUT ON A SATURDAY AND SEE SOMETHING, WE HAVE TO HELP OUR STAFF TO BE ABLE TO CONTROL THIS.

>> THIS IS THE BIGGEST PROBLEM WITH OUR SIDEWALK CAFE ENCOACHMENT INTO THE MIDDLE ZONE.

>> 100%. >> BUNCHING UP TABLES SO YOU

CAN'T WALK THROUGH. >> I DON'T DISAGREE.

I DON'T KNOW THERE IS A GOOD ALTERNATIVE.

WE SEND CODE ENFORCEMENT, ARE THEY GOING TO SHUT THEM DOWN?

>> NO PLEASE PROVIDE A WALKING PATH.

>> AND THEY'LL SPREAD APART. IF YOU TURN SWAYS YOU CAN GET

THROUGH. >> WHEN THE CODE ENFORCEMENT LEAVES -- THERE IS NO REASON THE LANDLORD THAT OWNS THE BUILDINGS

CANNOT MAKE THAT SIDEWALK -- >> ALL RIGHT.

WE ARE GOING TO TAKE A MOTION ON THIS.

>> BEFORE WE TAKE A MOTION, THE LANDLORD WAS THE REASON KARMELA DID THEIR PATH. IT WAS GETTING CONGESTED.

THIS IS NOT THE LANDLORD. WE HAVE AN OBLIGATION AS THE

CITY. >> IT CANNOT CONTRADICT THE MINIMUM FIRE EGRESS BASED ON SIZE AND SPACE.

GO TO A MOVIE THEATRE. THE AISLES WIDER THAN IN A SMALLER AUDITORIUM. WHATEVER NUMBERS PICKED I SUPPORT, CONCRETE NUMBERS. WE JUST HAVE TO MAKE SURE STANDARD AND ORDNANCE DOESN'T CONTRADICT LARGE VENUE OR OUTDOOR SIDEWALK CAFE WHERE A SIDEWALK NEEDS 48.

>> WE ARE GOING TO TAKE A MOTION AND WHO WANTS TO GET RID OF THE THREE FOOT? WE HAVE IT IN THERE.

WHO WANTS TO TAKE IT OUT? >> KEEP IT.

>> ALEX? >> KEEP.

>> JOEL? >> GET RID OF IT.

>> NATE? >> [INAUDIBLE] TONY?

>> REMOVE IT. >> TODD?

>> KEEP IT. THEY ARE GOING TO TRIP OVER IT WHEN THEY ARE PREPARING FOOD OUT THERE.

>> DAVID? >> NO.

I WANT TO KEEP IT. >> CHAIRMAN?

>> ELIMINATE IT. NO BUTS.

>> ELIMINATE IT. >> WE HAVE A 4-4 TIE.

>> I CAN CHANGE MY VOTE. >> I DON'T FEEL THAT STRONGLY.

>> HOW ABOUT IF WE CLEAN -- I ASSUME WITH ALL THE DISCUSSION, WE ARE GOING TO BRING THIS BACK TO YOU.

[02:00:03]

WHY DON'T WE CLEAN UP THE LANGUAGE AND HAVE A FURTHER DISCUSSION ON THAT. MINIMUM OF THREE FEET.

GO FROM THERE. >> I DON'T FEEL ADA IS -- I TOOK MURRAY ZWEIG'S VOTE WRONG. VOTED ON TO GET RID OF IT.

5-3. >> NO PROBLEM ON S UNOBSTRUCTED ACT MUST BE MAIN TAPED. WERE WE ALSO STRIKING IN ORDER TO PROVIDE SAFE ACCESS, STRIKING AND COMPLY WITH ADA?

PER PERTINENT CODES. >> LAST THING NATHANIEL, MENTIONED WAS CONSISTENT WITH THE MAINTENANCE STANDARDS, TV'S, MUSIC, CONCRETE POT. LET'S SEE --

>> WE HAVE ADDRESSED SOME OF THOSE.

>> MR. OFSTEIN -- AVELLO CODE ENFORCEMENT.

>> I AM SPECIAL POLICE DETAIL. WE ARE NOT VOTING ON IT.

WE NEED TO HAVE IT NOW. >> SPECIAL POLICE DETAIL IF

WARRANTED? >> COST TO BE BOURN BOURN BY

APPLICATION. >> IF CONDITIONS WARRANT.

>> WE CAN PUT PARAMETERS ON THAT.

>> I HAD ONE OF THEIR COMMENTS. >> I AGREE I WOULD REFER TO MEET REQUIREMENTS OF THE APPLICABLE LAW.

YOU ARE GOING TO CREATE OTHER ISSUES.

THEN ELIMINATING -- >> ARE OUR CODE OFFICERS

AUTHORIZED TO ENFORCE THE CODE? >> TO EXTENT IT COMPLIES WITH

ALL APPLICABLE LAWS, YES. >>LET'S TAKE A MOTION ANY

OPTION? >> LET ME SEE T.

>> ONE OBJECTION FOR THE RECORD. WHICH IS OUR INPUT TO STAFF OFFICIAL RECORD. OUR OPINION.

>> YOU WANT TO KEEP IT? >> WE TALKED ABOUT VERIFYING HIGH WIND DEFINITION AND NO OTHER CONFLICTS IN THE CODE.

ALSO DEFINED QUALITY SUBJECTIVE. DISCUSSION REGARDING TIME FRAME OF THE 24 HOUR PERIOD AND WERE GOING TO CHECK AND MAKE SURE NOTICE OCCURRED ON A FRIDAY WOULDN'T GIVE APPLICANT BENEFIT OF OPERATING UNTIL MONDAY. WHATEVER LEGALLY PROTECT IT IS

CITY. >> I WOULD LIKE TO KEEP IT 24 HOURS. ONE IS A SIGNIFICANT PUBLIC SAFETY ISSUE. IS THERE ANY REASON WHY

[INAUDIBLE] >> SO THE NEXT DAY THEY ARE SHUT

[02:05:12]

DOWN, PROBABLY REQUIRE THEM TO SUBMIT WHOLE NEW PERMIT AND APPLICATION. I WANT TO POINT OUT.

THERE IS A PROVISION IN THE NOISE REGULATION SECTION THAT GIVES AUTHORIZATION FOR LAW ENFORCEMENT OFFICER, CODE OFFICER OUT THERE IF THEY ARE VIOLATING THE NOISE ORDNANCE AS AN ALTERNATIVE TO REQUIRE THEM TO CLOSE IT OR STOP THE NOISE OR MUSIC OR WHATEVER IS HAPPENING. I DON'T KNOW IF THAT HELPS YOU ADDRESS THAT. THAT COULD SHUT THAT DOWN WITHOUT REVOKING THEIR PERMIT. I WOULDN'T EXPECT YOU TO -- AND

THE NOSE REGULATIONS. >> YOU THINK RI L-- RELATED TO THIS ORDNANCE. I HAVE BEEN VERY MUCH FOLLOWING ISSUES DELRAY BEACH IS HAVING ALSO WITH FORT LAUDERDALE.

WE ALL MEAN AND CARE A LOT BECAUSE WE HAVE TO BE ABLE TO LIKE JOEL SAID AND ALL AGREE TO SUPPORT BUSINESSES AND RESTAURANTS AND OUTDOOR CAFES AND SIDEWALK CAFES, WE ALSO WANT TO HAVE AT LEAST IF THEY ARE NOT GOING SMOOTHLY, HAVE A FEW

THINGS WE CAN ADDRESS. >> ARE THOSE ISSUES THE NOISE ORDNANCES AND LOUD MUSIC AND ACTIVITY OUTSIDE AND OUTDOOR

SEATING AREAS? >> THAT IS EXACTLY WHAT I JUST

STATED. >> I WANT TO CLARIFY.

>> EXACTLY. MY INPUT WE HAVE THE APPROPRIATE LANGUAGE SO THAT IT CAN BE ADDRESSED.

YOU ARE NOT GOING TO STOP IT UNTIL THERE IS A PROBLEM, UNTIL OR UNLESS THERE IS A PROBLEM, THAT IS WHAT WE ARE HERE TO TRY TO HELP GUIDE STAFF SO WE HAVE AN ORDNANCE SUPPORTIVE OF BUSINESSES EXPANDING, COMING HERE AND EXPANDING, ALSO FALLING WITHIN AN OR ORDNANCE THAT CAN BE REGULATED.

>> THAT IS THE GENESIS WITH MY CONCERN OF THE TV'S AND RADIOS.

>> UNDERSTOOD. >> MR. AVELLO MENTIONED ADJACENT MUSIC, TVS, POLICE DUTY. CHAIRMAN MENTIONED CODE ENFORCEMENT FOR THE PROD. AND UM,

>> CODE ENFORCE. ONE SAYS THE PROPERTY AND ONE

SAYS THE OWNER. >> JUST FOR THE BOARD INFORMATION FOR THE BOARD, GENERALLY WHEN WE CITE A TENANT, WE USUALLY GENERALLY CITE PROPERTY OWNER FOR ENFORCEMENT PURPOSES. THEY DON'T PAY IT COULD BECOME A LIEN ON THE PROPERTY. WE CAN SPEAK TO CODE ABOUT POTENTIALLY CITING BOTH TENANT AND PROPERTY OWNER.

ULTIMATELY PROPERTY OWNER IS RESPONSIBLE FOR VIOLATION.

LAST WAS ALEX. HE WAS OKAY WITH FOOD OUTSIDE, 50% SMOKING. BARRIERS BETWEEN THE ROAD AND CAFE BEING GREATER THAN THREE FEET.

AND THEN HE ALSO HAD THE [INAUDIBLE] ADDED REVOCATION OF THE PERMIT. I THINK THERE WAS NO MOTION FROM

THE BOARD REGARDING ADDING A 3. >> WITH CLARIFICATION WE JUST HEARD. I THINK WE ARE PROTECTED.

IF LAW ENFORCEMENT CAN SHUT US DOWN AND NOT GOING TO HAVE A PARTY, GOOD WITH LEAVING IT AS IS.

WANTED TO MAKE SURE WE ARE PROTECTED, NOISE IS ONE OF THE

BIGGEST COMPLAINTS. >> THREE VIOLATIONS WITHIN A

[02:10:01]

12-MONTH PERIOD. >> THAT WILL MAKE DAVID HAPPEN.

WE WONDER HOW ARE WE GOING TO ENFORCE ALL THESE REGULATIONS UPON VARIOUS APPLICANTS. THAT AT LEAST HAS ENFORCEMENT HEALTH AND SUSPENDERS. I WOULD SUPPORT THAT.

>> SO THAT WOULD BE UNDER 15-570.

ITEMS 1-5. I DON'T HAVE THE ORIGINAL ORDNANCE. IS THERE A PLACE THAT LANGUAGE MIGHT BE APPROPRIATE IF IT TALKS ABOUT CODE ENFORCEMENT?

>> I DON'T THINK WE NEED TO DECIDE THAT TONIGHT.

>> OKAY. >> DOESN'T HAVE TO BE ALL OR NOTHING, EITHER, THIS IS A SECTION ON SUSPENSION.

YOU KNOW. >> COULD BE JUST IF YOU HAD THREE NOISE VIOLATIONS IN SIX MONTHS, YOU GET REVOKED FOR 30

DAYS. >> I AM CONTENT TO LEAVE AT STAFF CON -- IF SOMEBODY THROWS A ST. PATRICK'S DAY PARTY, YOU ARE GOING TO GO OUT AND SAY YOU ARE DONE FOR A WHILE.

YOU ARE NOT GOING TO REVOKE THEM.

WE ARE GOING TO ENCOURAGE THEM. WE DIDN'T WANT YOU TO NOT BE DONE IN THE FIRST PLACE. YOU DO NEED TO HAVE THE TEETH.

100% NEED TO HAVE THE TEETH TO PULL ZONING APPROVAL AND SUSPEND IT. THERE ARE BIG HOLIDAYS, YOU COULD GET ONE OR TWO. I WOULD Z -- MAYBE LANGUAGE ABOUT SUSPENSION. STAFF CAN HAVE DISCUSSION.

>> WHAT HE SAID. >> SUSPENSION VERSES REVOCATION?

>> THANK YOU. >> I AM GOING TO PASS -- DID YOU HAVE OTHER, GAIL? WERE YOU DONE WITH THAT?

IS THAT THE LAST ITEM? >> YES, UH HUH.

>> I AM GOING TO PASS THE GAVEL AND MAKE A MOTION TO -- I AM GOING TO MAKE A MOTION TO HAVE STAFF INCORPORATE A REWRITE OF THE PROPOSED ORDNANCE TAKING INTO ACCOUNT THE SUGGESTIONS AND THE DESIRES THAT WERE PROVIDED THIS EVENING VIA VOTE IFS YOU WILL FROM OUR BOARD MEMBERS. AND THAT WE HAVE A REWRITE AND PRESENT IT BACK TO OUR PLANNING BOARD AT A DATE CERTAIN.

>> WE WILL DO THAT -- >> IS THERE A SECOND?

>> SECOND BINET BY NATHANIEL. >> DATE CERTAIN APRIL.

>> MOTION TO AMEND ORDNANCE CONSISTENT WITH THE INPUT GIVEN TODAY AND BRING BACK TO YOU AT THE NEXT MEETING, APRIL --

>> SECOND THURSDAY IN THE MONTH. >> WHO SECONDED IT

>> CLERK CALL THE ROLL. >> YOU WERE GOOD WITH THAT MR.

-- >> ALEX?

>> YES. >> JOEL?

>> YES. >> NATHANIEL KLITSBERG

>> YES. >> TONY AVELLO YES.

>> ASHLEY? >> YES.

CHAIRMAN ZWEIG? >> YES.

>> GIVE HIM BACK HIS GAVEL. BY THE WAY.

SECONDED. >> MY ONLY COMMENT WE WILL BE

HAVING A MEETING NEXT MONTH. >> I HAVE ONE BRIEF COMMENT, PLEASE, IF YOU WILL ALLOW -- MR. MAYOR, I DEFINITELY WANT TO BRING UP THAT WHEN WE PASSED THE BJ'S GAS STATION SITE PLAN APPROVAL, IT WAS CONDITIONED ON THE FACT THAT THEY PROVIDE POLICING WHEN NECESSARY AND WE HAVE HIT WHEN NECESSARY.

IT HAS BEEN EXTREMELY DIFFICULT SHOPPING CENTER TO GET AROUND.

[02:15:01]

I WANT TO MAKE SURE OWNERS OF THAT PROPERTY AND PEOPLE THAT ADMINISTER IT ARE HOLDING TRUE TO THEIR AGREEMENTS.

>> PEOPLE ARE LITTLELY -- LITERALLY, TO GET ANYWHERE, EVEN IF YOU ARE GOING MAIN ENTRANCE ALL OF HILLSBOROUGH, CAN'T GET TO THE EAST. YOU HAVE TO GO ALL THE WAY

AROUND BJ'S. >> YOU KNOW, AND THE BJ'S STAFF IS NOT THERE TO GUIDE. THEY ARE QUEUING UP FIRST FOUR LANES ADJACENT TO THE ENTRANCE. PEOPLE ARE CLOGGING UP BECAUSE WE ALLOWED A GATE. THERE IS NO WAY.

IN REALITY THERE IS NO WAY OUT IF PEOPLE ARE CLOGGING IT UP.

>> COMMENTS AND -- I AM NOT PROHIBITING WE SHOULD NOT HAVE -- I WANT TO MAKE SURE WE ARE NOT OUT OF LINE.

>> I WANT TO THANK THE MAYOR FOR COMING TONIGHT ALSO.

[INAUDIBLE] >> [APPLAUSE]

>> THANK YOU. MOVE FOR ADJOURNMENT.

>> MOTION TO ADJOURN. >> SECOND.

>> THANK YOU, BOARD MEMBERS. >> THANK YOU EVERYBODY.

WELCOME ASHLEY.

* This transcript was compiled from uncorrected Closed Captioning.