[1. Call to Order] [00:00:24] >> GOOD EVENING. WE'RE GOING TO COMMENCE THE PARKLAND PLANNING AND ZONING BOARD MEETING. TODAY IS THURSDAY, JANUARY 8, 2026. CALL TO ORDER, PLEASE. CALL TO ORDER, THEN PLEDGE ALLEGIANCE. NUMBER ONE, CALL TO ORDER. PLEDGE ALLEGIANCE, EVERYONE. >>> 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. >> ROLL CALL, PLEASE. >> TODD RODGERS. >> HERE. >> DEREK BIXBY. >> HERE. >> JOE KAPLAN. >> HERE. >> ALEX LAZOWICK. >> HERE. >> JORDANA GOLDSTEIN. >> HERE. >> ALEX SAJOVITS. [4. Approval of Minutes] ABSENT. >> VASE CHAIR ANTHONY AVELLO. >> HERE. >> CHAIRMAN MURRAY ZYG. >> HERE. APPROVAL OF MINUTES. >> MOTION TO APPROVE. >> TONY AND THEN SECONDED BY JOEL. >> ALL IN FAVOR SAY AYE. >> AYE. >> WELCOME, EVERYBODY. HAPPY NEW YEAR TO EVERYBODY. IT'S THE LAST TIME I'M GOING TO I HOPE. [7. Approval of the Agenda] NICE TO HAVE EVERYBODY TOGETHER. AND WE'LL MOVE TO THE AGENDA APPROVAL. IS THERE ANY CHANGE TO THE AGENDA THIS EVENING? >> NO CHANGES. >> IS THERE A MOTION TO APPROVE THE AGENDA? >> I MOVE TO APPROVE THE AGENDA. >> SECONDED BY -- [8.A. Ordinance No. 2026-001: Common Area Landscape Bonding Ordinance] >> SECOND. >> DEREK. >> ALL IN FAVOR SAY AYE. >> AYE. >> THANK YOU. THIS TIME I'M GOING TO READ ITEM "A," PUBLIC HEARING ITEM "A" INTO THE RECORD, ORDINANCE NUMBER 2026- 001 COMMON AREA LANDSCAPE BONDING ORDINANCE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AMENDING THE CITY OF PARKLAND LAND DEVELOPMENT CODE BY AMENDING ARTICLE 95 LANDSCAPING AND VEGETATION SECTION 95- 1010 GENERAL REQUIREMENTS, TREE REMOVAL AND TREE PRESERVATION TO MODIFY THE BONDING REQUIREMENTS FOR REQUIRED COMMON AREA LANDSCAPING PROVIDING FOR IMPLEMENTATION, CONFLICTS, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. KATELYN? >> GOOD EVENING, MR. CHAIR. KATELYN FORBES. GOOD TO SEE YOU ALL AFTER YOUR SABBATICAL AT THE END OF THE YEAR. IF YOU DON'T MIND, MR. CHAIR, BEFORE WE GET INTO THIS ITEM, I DID WANT TO TAKE A MOMENT AND INTRODUCE OUR NEW DIRECTOR OF DEVELOPMENT SERVICES, CARLOS VEGA. IF THAT'S OKAY, HE CAN STEP UP AND GIVE A BRIEF HELLO AND INTRODUCTION. >> WELCOME. WE ALREADY MET. THANK YOU. >> CARLOS, DIRECTOR OF DEVELOPMENT SERVICES HERE AT THE CITY OF PARKLAND. EXCITED TO BE HERE AND JOINING YOU GUYS, AND LOOKING FORWARD TO WORKING WITH YOU. THANK YOU FOR ALL YOU DO FOR THE CITY. >> THANK YOU. >> AND THANK YOU. AND I HAVE A REALLY HARD JOB OF PASSING THIS ITEM OVER TO OUR CITY ATTORNEY, ANTHONY SOROKA, FOR SUMMARY, AND PATTY WHO'S ALSO AVAILABLE FOR QUESTIONS. GENERALLY, THIS ITEM IS AN ORDINANCE RELATING TO LANDSCAPING BONDING, AS THE TITLE ALLUDES. >> THANK YOU, KATELYN, NICE TRANSFER AND TURNOVER. SO THIS AREA REALLY DEALS WITH COMMON AREA LANDSCAPING DEVELOPMENT FOR ENVIRONMENT. THIS IS A CIRCUMSTANCES WHERE WE HAVE DEVELOPERS COMING IN DOING -- YOU KNOW, A SUBDIVISION OR A MASTER PLAN FOR A COMMUNITY THAT INCLUDES COMMON AREA LANDSCAPING OWNED BY THE HOA. AND AS PART OF THE REQUIREMENTS, GENERALLY, WHEN THEY COME IN FOR THEIR DEVELOPMENT APPROVALS AND WE DO A DEVELOPMENT AGREEMENT, NORMALLY HAVE TO COMPLETE THE INSTALLATION OF LANDSCAPING BY A CERTAIN TIME. IT'S USUALLY BASED ON A PERCENTAGE OF CERTAIN PERMITS, SO WE DO HAVE A MECHANISMS IN PLACE ALREADY THAT DO HELP MITIGATE THE POTENTIAL THEY'RE NOT GOING TO DO THAT. WE CAN HOLD ON BUILDING PERMITS, ET CETERA. BUT I THINK THE PROBLEM THAT STAFF IDENTIFIED IS WHAT HAPPENS THEREAFTER? HOW DO WE MAKE SURE IT STAYS THAT WAY? WHAT DO WE DO ABOUT MAINTENANCE AFTER WE CLOSEOUT THE PERMIT, ET CETERA? THERE WAS A RECOGNITION FOR THE NEED FOR A BOND REQUIREMENT TO SECURE PERFORMANCE. AND SO A BOND REQUIREMENT WAS PUT IN, AND WHAT WE'RE DOING NOW IS JUST CLARIFYING AND EXPANDING UPON THAT BOND REQUIREMENT FOR THIS COMMON AREA LANDSCAPING TO PROVIDE THAT -- YOU KNOW, ONE, THEY HAVE TO PROVIDE A PERFORMANCE BOND IN AN AMOUNT EQUAL TO 120% OF THE VALUE [00:05:03] OF REQUIREMENT LANDSCAPING. AND THAT'S CLEAR THEY'RE GOING TO COMPLETE IT IN ACCORDANCE WITH THE APPROVED LANDSCAPING PLAN. AND THAT BOND WOULD STAY IN EFFECT PURSUANT TO THE BOND IN FRONT OF YOU FOR CONSIDERATION UNTIL SUCH TIME AS THE CLOSEOUT OF THIS MASTER LANDSCAPING PLAN PERMIT. THANKS FOR HELP WITH THAT TERMINOLOGY LANGUAGE, PATTY. AND THEN IN ORDER TO RELEASE THAT BOND, THEY WOULD NEED TO PROVIDE US WITH ESSENTIALLY A TWO- YEAR MAINTENANCE BOND. SO YOU WANT THE BOND RELEASED, GIVE US A TWO- YEAR MAINTENANCE BOND, WHICH WOULD SECURE MAINTAINING THAT LANDSCAPING. SO EVEN AFTER, LET'S SAY, 50% OF THE COMMUNITY, YOU KNOW, THE HOME OWNERS ARE MOVING IN, SO THAT IT'S MAINTAINED FOR THOSE HOME OWNERS THAT ARE ALREADY IN THERE AND ANY FUTURE POTENTIAL HOME OWNERS. AND WE THOUGHT TWO YEARS WAS A REASONABLE PERIOD FOR MAINTENANCE. IF YOU ASK WHAT HAPPENS THEREAFTER, YEAH, WE DO HAVE CODE ENFORCEMENT MECHANISMS IN PLACE, BUT THIS WILL AT LEAST PROVIDE ADDITIONAL SECURITY TO MAKE SURE THAT LANDSCAPING GOES IN WHEN IT SHOULD AND MAKE SURE IT'S MAINTAINED PROPERLY DURING AT LEAST A TWO-YEAR PERIOD THEREAFTER. HAPPY TO ANSWER ANY QUESTIONS YOU ALL MAY HAVE. >> THANK YOU. >> LET ME ASK IF ANYBODY DOES, INDEED, HAVE ANY INQUIRIES OF ANTHONY. >> YES. >> GO AHEAD. >> JUST A GENERAL QUESTION. I -- IS THIS SOMETHING COMMON OR, LIKE, A BENCHMARK TO OTHER CITIES OR MUNICIPALITIES THAT DO THE SAME TYPE OF BOND? AND IF SO, LEVEL OF SUCCESS, COMPLIANCE, AND WHO'S -- WHO MANAGES THIS TO MAKE SURE THEY'RE ON TOP OF IT? >> OKAY, SO, I MEAN, STAFF WOULD MANAGE IT. I THINK IT WOULD BE A CONDITION OF GETTING THEIR APPROVALS, ET CETERA, THEY'VE GOT TO PROVIDE US THIS PERFORMANCE BOND, SO WE HAVE MECHANISMS IN PLACE. IN TERMS OF OTHER CITIES, I CAN'T SAY ALL CITIES HAVE THIS OR THIS IS NECESSARILY A MAJORITY OF THE CITIES HAVE THIS TYPE OF THING. BUT AS YOU -- MOST OF YOU BOARD MEMBERS KNOW, WE DON'T ALWAYS FOLLOW TYPICALLY WHAT OTHER CITIES DO, AND WE TEND TO BE A LITTLE MORE STRINGENT IN TERMS OF OUR DEVELOPMENT AND TRYING TO HOLD DEVELOPERS, YOU KNOW, TO THE COMMITMENTS THAT THEY'VE MADE, SO I DON'T HAVE A SPECIFIC PERCENTAGE FOR YOU WHEN IT COMES TO THAT. >> FEW CITIES IN THIS COUNTY ARE STILL BUILDING LARGE TRACTS OF HOMES. >> THAT'S TRUE, TOO. THIS IS SPECIFIC TO LANDSCAPING IN A COMMUNITY WHERE YOU HAVE A LOT OF NEW COMMON AREA AREA DEVELOPMENT HAPPENING. >> I THINK IT'S GREAT. AGAIN, I WAS JUST PURELY ASKING FOR KNOWLEDGE JUST TO UNDERSTAND. I HATE TO IMPLEMENT SOMETHING THAT DOESN'T GET FOLLOWED OR IT'S NOT SUPPORTED OR IT MAKES NO SENSE. SO I THINK IT'S GREAT, I JUST WANT TO ENSURE THAT IT'S NOT ANOTHER ITEM ON PAPER THAT NEVER HAS FOLLOW- UP TO. >> I KNOW FOR A FACT THAT WE DO HAVE IT IN BROOK PINES BECAUSE I WROTE THIS BACK IN THE '90S WHEN PEMBROKE PINES STARTED GOING CRAZY, AND HOAS THAT'S WHEN WE CHANGED ALL THE RULES TO MAKE COMMON AREAS GO IN FIRST. AND IN ORDER TO KEEP THAEM MAINTAINED WE KEPT BONDS IN PLACE LIKE THIS. WHEN I WAS THERE FOR 20 YEARS, I KNOW WE HAD THAT. IT WAS THE NATURAL COURSE OF DIRECTION OVER THERE. >> IF I COULD JUST SUPPLEMENT THAT IN TERMS OF MAKING SURE IT GETS ENFORCED AND IT'S NOT JUST SOMETHING ON PAPER. IF YOU READ THE FIRST SECTION, WHICH WE'RE NOT NECESSARILY AMENDING, IT SAYS PRIOR TO THE ISSUANCE OF THE LANDSCAPING PERMIT. SO YOU DON'T GET THE PERMIT UNTIL YOU GET THE BONDS. I'VE WORKED WITH STAFF, AND WE ALREADY HAVE DRAFT BOND FORMS THAT GO ALONG WITH THIS ORDINANCE SHOULD IT BE ADOPTED BY THE COMMISSION. >> JOEL, GO AHEAD. >> MR. CHAIR, IS 25% ENOUGH? YOU'RE GOOD WITH THAT? IS IT ENOUGH? >> YES, I'M GOOD WITH 25% BECAUSE IF THERE IS EVER A DECLINE IN THE LANDSCAPE, IT'S USUALLY JUST A ZONE HAS GONE OUT OF IRRIGATION. IT'S JUST AN AREA FROM HERE TO THERE. IT'S NEVER THE ENTIRE THING IS DOWN AND GONE. >> FAIR ENOUGH. >> AND MY QUESTION. I THINK THIS IS GREAT. YOU OBVIOUSLY WANT THIS MECHANISM IN PLACE IN ORDER TO ENFORCE ON THE NEWER BUILT PROPERTIES, AND THEN AN EXTENSION TWO YEARS AFTER THEY'RE BUILT. DO YOU HAVE THE -- A MECHANISM IN PLACE FOR PROPERTIES BEYOND THE TWO YEARS? YOU KNOW, THERE'S NOT A WHOLE LOT OF BUILDING GOING ON IN THE CITY, AND WE HAVE A LOT OF COMMON AREAS THAT WE GO UP AND DOWN THE ARTERIAL ROADWAYS. DO YOU HAVE MECHANISMS IN PLACE THAT YOU'RE SATISFIED WITH TO TAKE CARE OF THOSE TYPES OF ISSUES AS WELL? I KNOW IT'S NOT PART OF THIS, BUT DO YOU HAVE THOSE MECHANISMS IN PLACE, AND ARE YOU SATISFIED WITH THEM? >> I MEAN, THE MECHANISM IS THE TRADITIONAL CODE ENFORCEMENT MECHANISM. SAME WAY IF YOU FAIL TO MAINTAIN YOUR YARD, YOU MAY HEAR FROM ON HOA IF YOU LIVE IN AN HOA OR THE CITY IF YOU LIVE OUTSIDE -- >> I'M TALKING BEYOND SOMEONE'S INDIVIDUAL YARD ON HOMEBERG ROAD, ON UNIVERSITY DRIVE, THERE'S HOMEOWNER ASSOCIATIONS RESPONSIBLE. THE QUESTION IS DO YOU HAVE THE [00:10:02] MECHANISMS IN PLACE TO ENFORCE THEM AS WELL? >> THE ANSWER IS YES. IT'S JUST WE'RE CITING THE HOA OR WHOEVER OWNS THAT PARTICULAR PROPERTY WHERE IT'S LOCATED, WHICH TENDS TO BE IN PLACES IF WE'RE TALKING ABOUT LANDSCAPING UNLESS IT'S ON A LOT IT'S USUALLY THE H, A THAT OWNS THE COMMON AREA LANDSCAPING. >> THE MECHANISM YOU HAVE A COMPLETE PROCESS NOW FOR NEW NEIGHBORHOODS AND TWO YEARS AFTER THEY'RE BUILT, AND YOU HAVE THE MECHANISM ALREADY IN PLACE FOR THE EXISTING HOAS? >> YES. AND WE'VE HAD THE ABILITY TO CODE ENFORCE, BUT THIS IS ANOTHER LEVEL BECAUSE EVEN CODE ENFORCEMENT YOU'VE GOT TO GO THROUGH PROCESSES. THERE'S 30- DAY NOTICE. THERE'S HEARINGS, ET CETERA. BUT A BOND IN PLACE THERE ARE EXPERIENCES DEVELOPERS WILL TRY THEIR BEST AND DO EVERYTHING % THEY CAN NOT TO GET A BOND CALLED. YOU KNOW, IT'S JUST THAT ADDITIONAL LEVEL OF SECURITY TO MAKE SURE THESE THINGS GET DONE. >> THANK YOU. NO FURTHER QUESTIONS. >> ALEX? >> TWO YEARS FOR ME SOUNDS LIKE A HIGH NUMBER. I'M FINE WITH THE CITY OF PARKLAND DOING IT. WHAT I SEE TYPICALLY IS A ONE- YEAR WARRANTY JUST BECAUSE, AGAIN, WHO KNOWS WHAT HAPPENS OVER TWO YEARS? JUST A STATEMENT, I'M FINE WITH US BEING ABOVE AND BEYOND WHAT I'VE TYPICALLY SEEN. THE OTHER THING I SEE IN THESE COMMON AREA LANDSCAPING IS WHEN WE PUT THESE ON THEM, THEY OVERWATER. THEY WATER THE COMMON AREAS LIKE CRAZY. SO YOU TALK ABOUT SIDEWALKS AND OTHER COMMON AREAS BECAUSE NOW THEY DON'T WANT THE LANDSCAPING TO DIE BECAUSE NOW THEY'RE RUNNING THE IRRIGATION LIKE CRAZY AND WALKERS, BIKERS, ANYONE ON THE SIDEWALKS, NOT NECESSARILY INSIDE THE COMMUNITY BUT NOW YOU'RE TALKING ABOUT BUFFERS, THIS IS LANDSCAPE BUFFERS, THIS IS ANY TYPE OF COMMON AREA. SO WHAT ARE WE DOING NOW FOR THE OVER WATERING? WE CAN'T WALK ON A SIDEWALK WITHOUT GETTING AN IRRIGATION HEAD SPRAYED AT YOU. >> WE HAVE IN THE PAST WHEN WE GET THESE TYPE OF NOTICES, EITHER A HOMEOWNER OR A RESIDENCE WILL CALL INTO OUR ASELLA PROGRAM AND COMPLAIN ABOUT THE WATER OR SOMEONE CALLS OUR OFFICE AND COMPLAINS ABOUT OVERWATERING AND CODE ENFORCEMENT AND/OR MYSELF GOES TO THE PROPERTY MANAGER, AND SPECIFICALLY WE ALWAYS GET A COMPLETE AREA. MOST OF THE TIME WE FIND IT'S A SPRINKLER HEAD HIT BY A LAWNMOWER THAT'S BROKEN AND FLOODING SOMETHING. BUT WITHIN A WEEK, MAXIMUM TEN DAYS WE HAVE AN IRRIGATION INSPECTION DONE AND FIND OUT WHAT ZONES THEY'RE ON AND TO CORRECT THE PROBLEM. BUT SIMPLY A PHONE CALL INTO THE CITY, THE MAYOR, OR TO ONE OF THE COMMISSIONERS, OR A RESIDENT COMPLAINS ON OUR HOT LINE OR TIP LINE. >> AN ORDINANCE THAT DOESN'T ALLOW THEM TO WATER -- THE CITY OF PARKLAND SIDEWALK, LET'S JUST CALL IT A BUFFER AND THE HOA'S IRRIGATION IS SPRAYING THE SIDEWALK, DO WE HAVE A CODE ENFORCEMENT THAT CAN STOP THAT? >> YES, SIR. NO IRRIGATION IS SUPPOSED TO OVERSPRAY ONTO SIDEWALKS. THAT'S WHEN THEY'RE SUPPOSED TO DO THEIR WET CHECKS. SO IF YOU HAVE AN AREA THAT YOU KNOW IN YOUR MIND RIGHT NOW THAT YOU'RE SPECIFICALLY SPECIFICALLY OF, JUST PLEASE LET US KNOW AND I'LL BE MORE THAN HAPPY. >> SPREAD THE WORD, ABSOLUTELY. >> WE DO FOLLOW THE SOUTH FLORIDA MANAGEMENT DISTRICT'S IRRIGATION GUIDELINES FOR TIMES AND EVERYTHING, AND WE'LL HAVE A RESIDENT THAT WANTS TO RUN THE WATER 24/7 PRACTICALLY, AND WE'LL SEND CODE ENFORCEMENT OUT THERE AND DO A POLITE NOTICE. AND IF IT CONTINUES, THEN THEY GET A NOTICE OF VIOLATION FOR THAT AS WELL. >> THIS TO ME -- AGAIN, WE ALREADY HAD THE ORDINANCE IN HERE TO MAINTAIN THIS WITH CODE ENFORCEMENT. THIS IS JUST MAKING IT HARDER FOR DEVELOPERS. WE'RE SETTING THE BAR HIGHER TO DEVELOP IN PARKLAND SO -- >> YES, SIR, THAT'S EXACTLY WHAT THIS DOES, AND IT'S PROTECTING THE RESIDENTS AS WELL. BECAUSE A LOT OF TIMES THE MAIN LANDSCAPER WHO'S ON SITE, HE'S COMPLETE WITH HIS LANDSCAPING AND HIS BERM WITHIN THE FIRST YEAR AND FIRST NINE MONTHS WHILE THE BUILDING IS STILL GOING ON FOR ANOTHER YEAR. SO THIS TAKES IT ALL THE WAY TO TURNOVER SO THAT THE HOA ISN'T RESPONSIBLE FOR ANYTHING AND THE RESIDENTS AREN'T -- IT HOLDS THE BUILDER AT LEAST A YEAR RESPONSIBLE AFTER SO AT LEAST THE MAINTENANCE AND MAINTENANCE LEVEL STAYS HIGH. >> AND DO WANT TO POINT OUT BECAUSE YOU SAID IT SHOULD GO TO TURNOVER, BUT THERE ARE SITUATIONS THAT FOR A MULTITUDE OF REASONS IT DOESN'T HAPPY WITHIN THAT TWO- YEAR PERIOD BECAUSE THERE'S A CONSTRUCTION DEFECT CLAIM THAT HOLDS OVER THE TURNOVER OR IT JUST TAKES LONGER TO SELL HOMES, MAYBE THE ECONOMYECONOMY ET CETERA. WE CAN'T GUARANTEE YOU IT'S GOING TO GO THROUGH THE TURNOVER, AND WE DID TALK ABOUT HAVING THAT GO THROUGH THAT EXTENDED PERIOD OF TIME. I THINK THERE WAS CONCERN TO YOUR POINT ABOUT HOW LONG ARE THEY GOING TO HOLD A BOND IN PLACE? YOU KNOW, FOR HOW MANY YEARS AND ET CETERA. >> I HAVE A COUPLE OF QUESTIONS, IF NOBODY ELSE DOES. GO AHEAD, JORDANA. >> I'VE GOT ONE, TOO, MR. CHAIRMAN, WHEN YOU'RE DONE. [00:15:09] >> SIGNIFICANT LANDSCAPING ISSUES. FRANKLY, I THINK THERE ARE STILL ISSUES WITHIN THE COMMUNITY AND DEVELOPER, AND TURNOVER DID NOT HAPPEN WITHIN A TWO- YEAR PERIOD OF TIME. AND I REALLY THINK WE REALLY WANT TO STEP UP OUR GAME. I ACTUALLY WOULD BE ADVOCATING TO THE TURNOVER -- >> YOU MEAN TWO YEARS FROM THE TIME OF TURNOVER? >> UNTIL THE TURNOVER. I UNDERSTAND. >> THEY OFTENTIMES WANT TO DO, YOU KNOW, THE LEAST AMOUNT POSSIBLE. AND NOT ONLY DOES IT AFFECT, OBVIOUSLY, THE RESIDENTS. WE HAVE A CERTAIN STANDARD, FRANKLY, TO UPHOLD HERE IN OUR COMMUNITY. AND I THINK SERIOUS CONSIDERATION SHOULD BE GIVEN TO THAT. >> WHY ISN'T THAT -- WHY ISN'T THAT A GOOD IDEA? BECAUSE I THINK IT'S A GREAT IDEA. >> IT'S NOT NECESSARILY THAT IT'S A BAD IDEA OR A GOOD IDEA. I MEAN, THEORETICALLY YOU WOULD WANT A BOND FOREVER. YOU KNOW, LIKE SECURE IT FOREVER SO IT NEVER GOES AWAY. BUT THE LAWS DO CHANGE OVER TIME, AND LATELY THE LAWS HAVE BEEN CHANGING IN FAVOR OF DEVELOPMENT AND RESTRICTING CITY'S ABILITIES TO ADD MORE BURDENSOME OR OVERERLY BURDENSOME REGULATIONS. WE ACTUALLY HAD THIS BOND REQUIREMENT PUT IN HERE, BUT WE'RE CLARIFYING THAT NOW BECAUSE I DON'T THINK IT REALLY ACCOMPLISHED WHAT WE WERE LOOKING TO ACCOMPLISH THE WAY IT WAS WRITTEN. AND I DID HAVE CONCERN ABOUT THE LENGTH OF TIME IN THERE, FRANKLY, FOR THAT REASON. NOT BECAUSE IT'S NOT A GOOD IDEA, BUT WE'VE GOT TO TIE IT. I THINK THERE NEEDS TO BE A NEXUS BETWEEN THE DEVELOPMENT THAT'S HAPPENING AND OUR REQUIREMENTS. AND, YOU KNOW, AT SOME POINT -- AND THIS IS WHY WE DISCUSSED THE TWO-YEAR PERIOD. AT SOME POINT IT'S NO LONGER RELATED TO THAT INITIAL PROPOSED DEVELOPMENT, AND IT REALLY DOES BECOME A MAINTENANCE ISSUE. BUT I THINK WE FELT COMFORTABLE WITH THE TWO- YEAR TIME FRAME, THAT THAT WAS SUFFICIENT. BUT I UNDERSTAND WHAT YOU'RE SAYING BECAUSE IDEALLY, RIGHT, YOU WOULD WANT THAT BOND IN PLACE FOR AS LONG AS YOU COULD AND MAYBE EVEN FOREVER TO SECURE IT. >> QUESTION, AND I'M SORRY TO CUT YOU OFF. >> BUT YOU DID A GOOD JOB. >> BUT THESE AGAINERS ARE OKAY NOT BUILDING A HOUSE IF THEY'RE NOT GOING TO MAKE THEIR 40%. THEY'LL WAIT UNTIL THEY CAN MAKE THEIR 30 OR 40% WHEN COSTS COME DOWN. THEY'VE ALREADY PAID FOR THE LAND. IT'S ALREADY SITTING THERE. IT'S NOT LIKE -- YOU KNOW, IF THEY'RE NOT GOING TO MAKE THEIR FULL AMOUNT, THEIR MARGIN, OKAY, THEY'LL WAIT. SO I GET THE WANTING TO DO IT AT TURNOVER. >> I UNDERSTAND. THIS IS NOT ANYTHING TO DO WITH THE HOUSES OR THE SINGLE- FAMILY LOTS, IT'S THE COMMON AREA THAT EVERYBODY WILL BENEFIT FROM. >> RIGHT. >>O IT'S JUST THE COMMON AREA. IF HE DOESN'T SELL TEN HOMES IN THERE, THOSE TEN HOMES HAVE NOTHING TO DO WITH THIS BOND. >> NO, BUT THIS PROLONGS THE TURNOVER TO THE HOA IS WHAT WE'RE SAYING. >> I THINK MR. KAPLAN'S TALKING ABOUT THE PERCENTAGE YOU NEED TO HIT UNDER STATE LAW WHEN THE TURNOVER TRIGGERS IN TERMS OF TURNING OVER TO INDIVIDUAL RESIDENTS. >> DEREK. >> MY QUESTION KIND OF GOES TOWARDS THE OTHER -- IN THE OTHER DIRECTION. WHAT HAPPENS IF THE DEVELOPER CHOOSES TO BUILD THE COMMON AREAS TOWARDS THE END OF THE PROJECT? LIKE WHAT THEY DID AT WATER CREST, THE CLUBHOUSE WAS THE LAST THING TO BE BUILT, AND WE HAD ANOTHER I THINK EIGHT, NINE MONTHS OF CONSTRUCTION ON THE REST OF THE NEIGHBORHOOD. SO I GUESS ESSENTIALLY, YES, YOU'RE HOLDING A PERFORMANCE BOND BUT THEN THE DEVELOPER YOU SAID CAN PULL A MAINTENANCE BOND TO GET THE REFORM ON HIS PERFORMANCE BOND? >> DIDN'T WE CHANGE THE CODE TO THE COMMON AREA? >> YES, THE COMMON AREA HAS BEEN CHANGED SO WE DON'T ISSUE ANYMORE PERMITS AFTER THE 50% MARK. YOU DON'T GET ANYMORE PERMITS TO BUILD UNTIL YOUR COMMON AREA AND YOUR AMENITIES ARE AT 100%. >> MANY OF THE DEVELOPMENTS BEFORE THAT TIME THAT'S WHAT I WAS REFERRING TO BEFORE IN THE DEVELOPMENT AGREEMENT AND CONDITION OF APPROVAL, WE INCORPORATE THAT REQUIREMENT, SO THEY CAN'T JUST SIT AND WAIT TO DO THAT WORK. >> PERFECT. >> YOU KNOW, IF THEY'RE ASKING FOR BUILDING PERMITS. AT SOME POINT THEY HAVE TO MOVE OFF AND, YOU KNOW -- >> AND COVER IT. >> AND GET IT DONE. >> THANK YOU. >> DID YOU HAVE ANY QUESTIONS? >> PASS THE MIC SO WE CAN GET YOU IN THE MINUTES. >> MORE OF A CLARIFICATION ON THE PERFORMANCE BOND IS TRIGGERED AT CONSTRUCTION. YOU HAVE 125%. WITH LANDSCAPING OTHER MUNICIPALITIES HAVE DONE 110%, 150%, BUT THAT STAYS IN PLACE WITH THE DEVELOPER AND THE CONTRACTOR. THEY'RE RESPONSIBLE AND ACCOUNTABLE TO THAT. IF THEY DEFAULT, THE TOWN CAN COME IN AND COMPLETE THE WORK. THAT'S THE PER ESSENCE OF [00:20:01] THE PERFORMANCE BOND. ONCE THE WORK IS COMPLETED THE QUESTION IS WHAT'S THE TRIGGER? THE LAST -- IF IT'S COMMON AREA, YOU COMPLETE THE ENTIRE MASTER PLAN, FLAT WORK IS ALL COMPLETE, ALL YOUR LANDSCAPING IS IN PLACE, THE DEVELOPER COMES TO THE MUNICIPALITY AND SAYS, HEY, I WANT TO GET MY QUOTE- UNQUOTE CLOSEOUT OR TURNOVER, THAT WOULD BE THE TRIGGER WHEN THEY WOULD REQUEST GOING FROM THE PERFORMANCE TO THE MAINTENANCE BOND, CORRECT? >> THE WAY IT'S CURRENTLY WRITTEN IS THE TRIGGER IS THE CLOSEOUT OF THAT MASTER LANDSCAPE PLAN PERMIT, AND, PATTY, YOU MAY BE ABLE TO SPEAK TO MORE WHEN THAT TYPICALLY HAPPENS. I'M NOT SURE. >> YES, THANK YOU. THE OVERALL LANDSCAPING USUALLY DOES FINISH WITHIN THE FIRST 12 MONTHS OF DEVELOPMENT BECAUSE I APPEAL IS BY APPEAL. AND, AGAIN, WE STOP THE PERMITTING, AND THE LANDSCAPING DOES TAKE AT LEAST SIX, NINE MONTHS UP TO A YEARYEAR TO BEGINNING TO END, AND I'M MAKING CONSTANT INSPECTIONS ON EVERY MONTH OR AS THEY CALL ME IN. BECAUSE IF YOU THINK ABOUT DEVELOPMENT, THE UNDERGROUND LINES AREN'T PREPARED YET TO GO TO THE EAST SIDE OR TO THE WEST SIDE. SO AS THE UNDER GROUND UTILITIES BECOME AVAILABLE, THEN ALL THAT LANDSCAPING GETS DONEDONE THIS LANDSCAPING GETS DONE THEN THIS INSPECTION AND THAT INSPECTION IS COMPLETE. THAT CAN TAKE UP TO ONE YEAR. THERE'S GOING TO BE TWO YEARS AFTER THAT INSTALL OF MAINTENANCE AND THE DEVELOPER AND THE LANDSCAPE COMPANY THAT'S ON-SITE IS RESPONSIBLE FOR ALL THAT MAINTENANCE UP UNTIL THE LAST TREE IS PLANTED AND EVERYTHING IS PERFECT. IF EVERYTHING IS NOT PERFECT, AFTER FULL COMPLETION LET'S SAY THAT SOMETHING HAPPENED, A HURRICANE, STORM, IRRIGATION PUMPS WENT DOWN. WELL, THEY'RE NOT GETTING THAT FINAL INSPECTION UNTIL EVERYTHING IS AT 100%. THEN THE CLOCK STARTS TICKING FOR TWO YEARS ON THE MAINTENANCE AND THE WARRANTY ON ALL THAT PLANT MATERIAL AFTER FINAL INSPECTION. SO IF THEY FAIL TO PERFORM OR SOMETHING HAPPENS IN THE MID-TERM OR THE IRRIGATION IS DONE INCORRECTLY, ANYTHING THAT CAN GO WRONG HAS TO BE AT 100% CORRECT BEFORE THE TWO- YEAR CLOCK STARTS TO TICK. THE PERMIT WILL NOT GET SIGNED OFF, NOT IRRIGATION AND NOT THE LANDSCAPE PERMITS WILL NOT GET SIGNED OFF AS FINAL UNTIL ANY DEFICIENCIES ARE CORRECTED. AND THEN THE CLOCK STARTS FROM TWO YEARS AFTER THAT. SO THAT MAY BE UP TO THREE YEARS, THREE AND A HALF YEARS YEARS FROM THE TIME THEY START TO INSTALL MATERIAL. SO IT'S NOT LIKE FROM THE DAY THEY START TO PLANT. IT'S THEY GET A FINAL INSPECTION -- I MAKE INSPECTIONS ALL THROUGH THAT YEAR OR THE NINE MONTHS AND START ALL OVER AGAIN AND JUST DO IT ONE MORE TIME TO MAKE SURE EVERYTHING I APPROVED IN JUNE IS STILL HAPPENING IN DECEMBER. IF NOT, YOU FIX EVERYTHING THAT HAPPENED THROUGH HURRICANE SEASON AND THEN YOU'LL GET YOUR FINAL INSPECTION IN DECEMBER, CLOCK STARTS. >> ONE CLARIFICATION. THE WAY THIS IS WRITTEN, TOO, PENALTY AS WELL. THE REAL -- I THINK THE REAL PURPOSE OF WHAT WE'RE TRYING TO DO HERE IS WE DON'T WANT THEM TO DEFAULT, RIGHT? WE DON'T WANT TO HAVE TO EXERCISE THAT. THE BOND IS IN PLACE TO SECURE THEY DON'T HAVE TO DO THAT BECAUSE GENERALLY YOU DON'T WANT TO DEFAULT ON YOUR BOND OR HAVE THAT ISSUE HAPPEN. >> THOSE ARE SOME OF MY COMMENTS. JUST WHETHER OR NOT THEY'RE ADDRESSED IN OUR OVERALL CODE, THE QUESTION'S I HAVE THEY APPEAR IN THE ORDINANCE. THE DEFINITION OF CLOSEOUT, NOBODY WOULD KNOW WHAT CLOSEOUT MEANS. IS THAT DEFINED IN OUR ZONING CODE VERSUS IN THIS ORDINANCE? >> I DON'T THINK THE CLOSEOUT FOR THIS PURPOSE IS DEFINED IN OUR ZONING CODE. I THINK THAT'S THE TERMINOLOGY THAT WE TYPICALLY USE, RIGHT, IN -- >> WOULDN'T YOU WANT TO SAY, YOU KNOW, COMPLETION, APPROVAL BY CITY PERMIT CLOSEOUT VERSUS CLOSEOUT? HOW'S THAT DEFINED IS MY QUESTION. >> FOR LANDSCAPING IT'S JUST CALLED A FINAL INSPECTION. SO WE'LL HAVE -- WE CAN HAVE TWO DOZEN ON A COMMON AREA PARTIAL INSPECTIONS. AS THE YEAR GOES THROUGH, WE CAN HAVE ALL THOSE PARTIAL INSPECTIONS AND EVERYTHING IS PHOTOGRAPHED AND DOCUMENTED. AND TO CLOSEOUT YOUR LANDSCAPE PERMIT YOU CALL FOR A FINAL LANDSCAPE INSPECTION, THEN THE PERMIT IS CLOSED OUT. THAT PERMIT IS FINALED AND CLOSED OUT, THEN THE CLOCK TICKS. I KNOW THAT THE TERMINOLOGY FOR DEVELOPERS ARE DIFFERENT. >> RIGHT. >> THAT TERMINOLOGY FOR BANKS AND ENGINEERING AND STUFF IS A LITTLE BIT DIFFERENT THAN LANDSCAPING, BUT THIS IS MEANT FOR -- TO INCREASE THE SECURITY FOR THE RESIDENTS AND LANDSCAPING. >> I UNDERSTAND. I WASN'T QUESTIONING IT. I JUST WANTED TO MAKE SURE IF IT WAS QUESTIONED, WHAT IS THE DEFINITION OF CLOSEOUT, [00:25:02] THAT'S ALL. I'M NOT LOOKING FOR AN ANSWER. JUST MAKE SURE IF IT'S NOT DEFINED SOMEWHERE ELSE IN OUR CODE AND IT'S IN AN ORDINANCE, DOES THAT -- YOU KNOW, WHAT DOES CLOSEOUT MEAN? THAT KIND OF THING. IF A DEVELOPER QUESTIONS WHETHER IT'S CLOSED OUT OR NOT, IF IT COMES TO A QUESTION. THE OTHER ONE IS THE CITY MAY ACCESS THE MAINTENANCE BOND. IS THERE A PROCESS FOR THAT THAT'S DEFINED SOMEWHERE ELSE, OR HOW DO THEY DO IT? >> OH, THE PROCESS FOR CALLING OUT A BOND? YEAH, IT'S USUALLY UNDER THE TERMS OF THE BOND. YOU SEND A LETTER UNDER THE SURETY, YOU SEND A LETTER TO THE PRINCIPAL. >> AS IT'S WRITTEN, BONDS ARE THAT THICK, I'M FAMILIAR, AND JUST WANTED TO MAKE SURE DID IT NEED TO BE DEFINED HERE OR NOT. ACCESS TO THE MECHANISM AS WRITTEN IN THE BOND OR WHAT HAVE YOU? I'M NOT TRYING TO BE A LAWYER. >> UNDERSTOOD. WE CLARIFY HERE. WHAT'S REALLY GOING TO CONTROL ARE THOSE BOND FORMS, TOO, RIGHT? >> AS LONG AS THEY'RE JUST FOR -- WE'RE HERE REVIEWING IT. AS LONG AS IT'S ADDRESSED PROPERLY AND THE TERMS OF THE DEVELOPER AGREEMENT AND ALL THAT. THE LAST ITEM WOULD BE ON THE LAST PAGE 3, THE CITY MAY PROSECUTE THE DEVELOPER OR OWNER FOR FAILURE TO COMPLY. IS THERE A DEFINITION TO PROSECUTE? WHAT DOES THAT MEAN? I KNOW WHAT IT MEANS. IT'S TO TAKE OVER AND -- >> YEAH, CODE ENFORCEMENT, ALL AVAILABLE MEANS, YEAH. UNDERSTOOD. >> JUST COMMENTS. >> SURE. >> IT SOUNDS GOOD, IT JUST MATTERS WHETHER OR NOT IT NEEDS TO BE DEFINED. EVERYTHING ELSE IN OUR ZONING CODE IS VERY SPECIFICALLY DEFINED, AND THERE ARE EXCEPTIONS AND SO ON AND SO FORTH. SO THOSE WERE JUST A POINT OF INFORMATION FOR THE FINAL WRITING OF IT SO -- >> I HAVE A COMMENT. >> YES, SIR, MR. AVELLO. >> AS THE RECOMMENDING BODY TO THE CITY COMMISSION, I ALWAYS TRY TO KEEP IN MIND AND I KNOW YOU ALL DO AS WELL WHAT HELPS THE RESIDENTS IN THE GREATEST WAY. I GO BACK TO THE RECOMMENDATION OF JORDANA, WHO MENTIONED THE TRIGGER OF WHEN THE PROPERTY IS TURNED OVER. I THINK THAT'S SOMETHING THAT'S VERY DEFINABLE. I ASKED THE CITY ATTORNEY -- TELL ME WHY ISN'T THAT A -- YOU KNOW, A BAD IDEA, AND HE SAID THAT IT'S NOT A BAD IDEA, IT'S NOT A GOOD IDEA. AND I THINK MAKING A RECOMMENDATION TO THE CITY COMMISSION USING THAT TRIGGER OF TURNING OVER -- OF TURNOVER, AS JORDANA STATED, I THINK THAT'S THE DIRECTION OF OUR RECOMMENDATION. AND I WOULD ASK FOR THE COMMENTS OF THE BOARD AND SEE IF THEY AGREE WITH ME OR NOT. >> I THINK IT -- AND PATTY JUST CLARIFIED IT'S -- THE 25% FOR THE MAINTENANCE IS TWO YEARS AFTER THE LAST INSPECTION. >> AND YOU DON'T WANT THIS TO GET SO OUT OF LINE WHERE NOW YOU HAVE THIS -- THIS IS GETTING LEGALESE ON THE OTHER SIDE, AND SAYING WE HAVE A PERFORMANCE BOND TURNOVER. YOU'RE GETTING SOMEONE ON THE DEVELOPMENT SIDE THAT CAN GO UP AND FIGHT THIS -- >> THAT'S NOT WHAT THE CITY ATTORNEY IS STATING. THAT IF WE DID IT AT TURNOVER, IT WOULD TURN INTO A LEGAL KERFUFFLE. THIS IS A LEGAL RECOMMENDATION TO THE COMMISSION. AND IN MY VIEW WHAT WOULD BE BEST FOR THE RESIDENTS IN TERMS OF THIS RECOMMENDATION AT TURNOVER TWO YEARS, WHAT IS THE TRIGGER. I THINK WHAT'S BEST FOR THE RESIDENTS IS THAT TURNOVER, AND I'M THINKING JORDANA AGREES WITH ME. >> OF OUR MAIN PURPOSES IS TO PROVIDE AS MUCH PROTECTION AND BENEFIT FOR THE MEMBERS OF OUR COMMUNITY. AGAIN, HAVING EXPERIENCED THIS PERSONALLY IN A BRAND NEW DEVELOPMENT WHEN THERE WAS SIGNIFICANT ISSUES WITH LANDSCAPING, AND WHAT THAT WOULD BE LIKE TO HAVE A MAINTENANCE BOND UP UNTIL THE TIME OF TURNOVER WOULD HAVE BEEN INCREDIBLY HELPFUL. SO I AGREE WITH YOU 100%. >> WHAT WAS THE TIME FRAME ON THIS EXAMPLE? WHEN DID THEY ACTUALLY TURN IT OVER? HOW LONG? >> THE LAWS HAVE CHANGED TO HELP PROTECT THAT NOW IS WHAT WE WERE SAYING BEFORE. >> WE LEARNED FROM OUR MISTAKE. >> ONE AT A TIME. >> SHE'S CORRECT. MAR-A- LAGO WAS THE FIRST DEVELOPMENT IN THE WEDGE, AND THERE WERE A LOT OF ERRORS, AND WE'VE LEARNED FROM THOSE MISTAKES. SO WE DON'T HAVE THOSE ISSUES IN THESE OTHER COMMUNITIES. I DIDN'T EVEN KNOW WHERE SHE LIVED, AND I ASKED HER WHERE DO YOU LIVE. THAT WAS AN ISSUE WE HAD. >> ANTHONY? >> I JUST WANTED TO CLARIFY ON SOME OF THE COMMENTS YOU ALL MADE. I GUESS WHAT I'M SAYING I'M PRETTY COMFORTABLE THE TWO. YEAR MAINTENANCE REQUIREMENT [00:30:02] DEVELOT. BUT AT SOME POINT YOU GET LESS COMFORTABLE IF IT STARTS DRAGGING OUT SIX, SEVEN YEARS. I DON'T KNOW IT'S GOING TO TURN INTO A LEGAL KERFUFFLE. DOES SOMEONE WANT TO CHALLENGE IT, AND IT'S ONEROUS BECAUSE IF IT DOES TAKE SIX, SEVEN YEARS IN TURNOVER AND THEY DECIDE IT'S WORTH÷÷ IT, IT COULD BE. WE HAVE MR. JOHNSON. GO AHEAD. >> NOT TO BLIND SITE THE CITY ATTORNEY. I WAS TALKING TO CARLOS, MAYBE A COMPROMISE IN YOUR STRATEGY HEARING YOUR COMMENTS, MS. GOLDSTEIN, IS POTENTIALLY HAVING THE PERFORMANCE OR MAINTENANCE BOND IN PLACE UP UNTIL THE CLOSEOUT OF THE PROJECT, WHICH UPON A FINAL CO OF THE OVERALL PROJECT. >> I WILL TELL YOU I FEEL MORE COMFORTABLE TYING IT TO THE PROJECT VERSUS A TURNOVER REQUIRED BY STATUTE BECAUSE THIS IS A DEVELOPMENT PROJECT. AND SO THAT SAY ONE OF MY CONCERNS, FRANKLY. SO THANK YOU FOR SUGGESTING THAT. >> OKAY. WELL, THAT CARLOS' SUGGESTION. >> IN A MOTION? DOES THAT NEED TO BE ADDED? >> YOU WOULD INCORPORATE WHAT YOU WANT TO ADD IN YOUR MOTION, IF YOU WANTED TO DO THAT. >> IS IT AN AND/OR BECAUSE WHAT IF YOU BUILD SOMETHING IN ONE YEAR AND FINISH IT OUT IN ONE YEAR, AND THERE'S NO MAINTENANCE BOND? >> WE'RE ADVISING THE CITY COMMISSION. >> NOT IF WE TIE IT TO CLOSEOUT. HEY, IF YOU TIE THE MAINTENANCE BOND, YOU'VE DONE A CLOSEOUT. THERE'S NO TIME LIMIT TO IT. >> NO, IT'S TWO YEARS AFTER THE LAST PERMIT IS CLOSED OUT. >> SOME CLARIFICATION. THE TWO- YEAR PERIOD STARTS WHEN THAT MASTER LANDSCAPE PLAN PERMIT IS CLOSED OUT, NOT THE -- ALL THE PERMITS FOR THE DEVELOPMENT OR ALL THE OTHER INFRASTRUCTURE, JUST FOR CLARIFICATION. OKAY. >> BUT THE AMENDMENT WHAT THESE GUYS ARE TALKING IS TIE IT TO THE MASTER DEVELOPMENT -- >> AS I UNDERSTAND YOU'RE TALKING ABOUT THE MAINTENANCE PIECE, RIGHT, FOR TYING THE MAINTENANCE PIECE TO THE CLOSEOUT OF THE PROJECT, THE ENTIRETY OF THE DEVELOPMENT? OKAY. >> AS LONG AS IT'S CONSISTENT WITH WHAT -- JUST SAID. I WANT THE -- JOHNSON ACT, WHATEVER THAT IS. >> GUYS, HOLD IT UP. I HAVE A QUESTION FOR PATTY. EVERY HOUSE THAT'S BUILT HAS A PORTION OF IT, CORRECT ME IF I'M WRONG, THAT IS COMMON AREA. THE MAILBOX, THE PARKWAY, OR IS IT JUST -- IT'S INSIDE THE SIDEWALK IN THE PARKWAY AND THERE'S ZERO COMMON AREA? >> SINCE I HAVE BEEN HERE FOR 14 YEARS, THE COMMON AREA CONSISTS OF STREET TREES BECAUSE THAT'S WHAT THE HOA TAKES CARE OF, AND THE COMMON AREAS WHICH IS ALL THE BUFFERS, THE RECREATION FACILITIES, THE PICKLE BALL COURTS, THE MAILBOX AREAS. ALL OF THE AREAS THAT ARE NOT WITHIN THE RESIDENTIAL SURVEY PLOT, THAT IS WHAT IS CONSIDERED COMMON AREA. SO THAT IS -- THAT'S WHERE WE'RE GOING, AND THAT'S HOW IT GETS PERMITTED. >> ANY FURTHER COMMENTS, OR IS THERE A MOTION? >> I JUST WANT THE MOTION TO INCLUDE WHAT -- SAID. >> WELL, MAKE IT. >> BECAUSE I'M A -- >> WHAT DOES THAT MEAN? >> I WOULD LIKE TO LEAVE IT UP TO JORDANA, SINCE THIS WAS HER IDEA. >> EXCUSE ME. >> FOR CLARIFICATION -- FOR CLARIFICATION, THE WARRANTY BOND WOULD BE IN PLACE FOR TWO YEARS AFTER THE FINAL HOME HAS BEEN SEALED. >> AFTER WHAT? >> THE FINAL HOME HAS BEEN SEALED. >> EVERYBODY, LISTEN, SO WE CAN GET IT ON THE MINUTES AND WE CAN ALL HEAR. >> CARRY THE PERFORMANCE BOND UP UNTIL PATTY'S PERMIT, AND THEN IT'S IN PLACE FOR TWO YEARS AFTER FINAL CO HAS BEEN ISSUED. >> THAT SIMPLIFIES THE DEFINITION AND THE -- >> SO IT'S NOT RELEASED WHEN THE PROJECT IS COMPLETED? IT'S TWO YEARS AFTER THE FINAL CO IS ISSUED? >> THAT IS CORRECT. >> IS THAT WHAT THE ORDINANCE SAYS NOW? >> NO. >> NO, WE'RE GOING TO UPDATE IT. >> I UNDERSTAND. I WAS JUST CLARIFYING THAT -- SO, JORDANA, DO YOU DESIRE TO MAKE A MOTION? >> SURE. AM I MOVING TO AMEND THE ORDINANCE? >> YOU'RE GOING TO MAKE A MOTION AND ADD TO THE -- >> WHAT YOU COULD DO IF YOU WANTED TO IMPLEMENT THAT IS YOU COULD MAKE A MOTION TO RECOMMEND APPROVAL WITH THE REVISION. >> DOES THAT CHANGE YOUR OPINION BASED ON WHAT WE JUST SAID HERE? ARE YOU COMFORTABLE WITH WHAT WE'RE DOING? >> I'M MORE COMFORTABLE WITH THAT THAN BASING IT ON THE TRANSFER OF -- YEAH, AND BETWEEN NOW AND WHEN IT GETS TO THE COMMISSION, I'LL RESEARCH THIS IS A LITTLE BIT MORE SO THAT I CAN PROPERLY ADVISE THEM AT THAT TIME. >> THANK YOU. >> THANK YOU. >> AS I UNDERSTAND IT, IT WOULD BE THE MAINTENANCE BOND [00:35:02] WOULD NEED TO BE -- SO WE'RE LEAVING THE PERFORMANCE BOND AS IS. WE'RE LEAVING YOU HAVE TO GET THE MAINTENANCE BOND IN ORDER TO GET THE PERFORMANCE BOND RELEASED. BUT THE MAINTENANCE BOND WOULD NEED TO BE HELD AS I UNDERSTAND THE COMMENT FOR TWO YEARS AFTER THE ISSUANCE OF THE CO. >> THAT IS CORRECT. THAT IS CORRECT. >> PERFECT. >> I GUESS I'LL FORMALLY MAKE A MOTION TO APPROVE THE ORDINANCE THAT'S BEEN PRESENTED BEFORE US WITH THE CLARIFICATION THAT THE MAINTENANCE BOND IS TO BE IN PLACE FOR A PERIOD OF TWO YEARS FROM THE DATE OF THE LAST CERTIFICATE OF OCCUPANCY THAT'S ISSUED FOR THE HOMES IN THE GIVEN DEVELOPMENT. >> SECOND. >> OKAY. MOTION BY JORDANA, SECOND BY ANTHONY. >> TODD RODGERS. >> YES. >> DEREK BIXBY. >> YES. >> JOEL KAPLAN. >> YES. >> ALEX LAZOWICK. >> YES. >> JORDANA GOLDSTEIN. >> YES. >> VASE CHAIR ANTHONY AVELLO. >> YES. >> CHAIRMAN MURRAY ZWEIG. >> YES. >> PASSES UNANIMOUSLY. >> VERY GOOD. VERY GOOD CONVERSATION. COMMENTS? NEXT AGENDA ITEM [10. Comments from the Board] COMMENTS BY THE PLANNING DIRECTOR. >> NONE AT THIS TIME. THANK YOU. >> ANY COMMENTS FROM THE BOARD? >> ANY THOUGHTS ON MEETING NEXT MONTH? >> POTENTIALLY. >> POTENTIALLY, OKAY. MAYBE. >> MAYBE. DON'T WANT TO GET YOUR HOPES UP TOO SOON, BUT POTENTIALLY. WE'LL CERTAINLY HAVE A SLEW OF ITEMS COMING THROUGH SPRING AND SUMMER, ESPECIALLY AS WE -- >> REMIND THEM THEY'LL HAVE TO SEE -- APARTMENT AGAIN. >> YES. >> ALREADY APPROVED THAT ONE. THE TRASH, IT'S COMING BACK. >> JOEL, GET SOME SLEEP. >> IS THERE A MOTION FOR ADJOURNMENT? >> MOTION TO ADJOURN. >> MOTION TO ADJOURN. SECONDED. * This transcript was compiled from uncorrected Closed Captioning.