That's this. One, two, three. This Test test test. 1 2 3. Test test test. That's Test test test. One, two, three. Test test test. Test test test. 1 2 3. Test test.
Test. One, two, three. Test. Test. This Ladies and gentlemen, please take your seats. It is 6:30 p.m. We are going to be calling the reg uh rather the special call meeting of the town council to order. Madame clerk, please call the role. Council member Fernandez,
>> present. >> Council member Cuadra Garcia, >> present. >> Council member Garcia, >> present. >> Council member Hzburg, >> present. >> Council member Sanchez, >> present. >> Vice Mayor Moretta, >> present.
>> Mayor Diegas, >> here. >> Mayor, you have quorum. >> Excellent. Everyone, please rise for the pledge of allegiance led by JC Fernandez. Councilman JC Fernandez. I 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. Please remain standing for the invocation led by Councilman Ray Garcia. >> Please bow your heads. Heavenly Father, we ask for your guidance and wisdom as
we begin this meeting. Please help us listen to each other with open hearts and open minds to speak with clarity and respect and to put aside personal agendas to serve the community. May our decisions be righteous and may we work together in harmony for all the greater good of men. Amen.
Thank you all. You may be seated. All right. Um we're going to go in straight into public comments. Madam clerk, please read the rules into the record. Good evening. Public comments will be heard at the beginning of each meeting and once all are heard, public comments will be
closed. Each speaker will be afforded three minutes to speak. No clapping, applauding, heckling, verbal outburst in support of or in opposition to a speaker or his her remarks shall be permitted. And should a member of the attending
audience become unruly or behave in any manner that disrupts the orderly and efficient conduct of the meeting, such person will be asked to leave the meeting. We also ask for all electronic devices to please be set to silent mode. And we welcome you all. If you're here
for public comments, please um just approach the podium. You can state your name and address for the record. And I also want to welcome the viewers at home, the ones that are participating online. If you are participate
in public comments remotely, the only thing you need to do is click on the reactions icon and select raise hand and it will allow you to participate one at a time. And if also instead of participating via remote control you're
you want to participate online by calling the only thing you need to do is raise your hand by pressing hashtag number99 and as well it will allow you to speak once at a time and again welcome to the meeting. Please approach
the podium state your name and address for the record. Thank you very much, Madame Clerk. And just to emphasize for everyone here in the audience, uh we do have a three minute timer. You can see the clock right there off to the side for those of you that choose to participate remotely
uh through Zoom. There is a timer also displayed for you to keep an eye on the time remaining in your slot. All right. Um uh as a general rule, we no longer have a speakers list. So we invite you to come to the podium as uh each speaker concludes uh and to share your remarks.
Again, three minutes and because of the sheer number of people I have in the audience and we'll see how many people we have remotely, I encourage you all to please stick within that as there probably uh will be the need to strictly enforce that limit tonight. But with that, Bonnie, why don't you get us started?
>> Esther Bonnie Cron, 14770 Lewis Road. This will be quick and to the point. Um, good evening, Mayor Diegas, council members, Mr. Peterman, and staff. Um, first and foremost, I want to voice my
support for Mr. Peterman. As a longtime resident who does not work here in town hall, I can only base my judgment on what I observe during meetings or what my own one-on-one encounters with Mr. Peterman have been.
uh he has always impressed me as being knowledgeable, efficient, and very competent when it comes to performing his duties. I've not always agreed with Ed's ideas and perhaps his salary along with that of some others might be a
little bit excessive, but in my opinion, he is an excellent town manager. So this leads me to question what is going on with the convening of this special call meeting. What has been a miss with Mr. Peterman's
performance? What complaints have been lodged against him and by whom? Calling for setting up a PIP without first having had some negative reports about Mr. Peterman's performance just does not make any sense to me. Tonight, I would
expect to perhaps hear specifically what the problem is with Ed's performance of his duties, but from where I sit, I can tell you that I don't see any problems at all. Thank you. >> Thank you very much. Next speaker.
>> Hi, good evening. My name is Connie Pñena, 6923 Crave Terrace. You're my neighbor, right? Okay. Um, my husband and I have personally known Edward Peterman for many years and can attest to his professionalism,
reliability, and attentiveness to the town of Miami Lakes, neighborhood issues. He is a longtime Miami Lakes resident who along with his wife Martha have raised their children and are now watching and enjoying their grandchildren grow up in the same community. Edward truly implies
what it means to care about Miami Lakes. His dedication and genuine concern for the well-being of our town reflect the type of community spirit we need more of. I wholeheartedly support his continued involvement and contribution
to our city, our community, our town. I am a longtime registered voter and I vote in every election as this is the right that I do not take lightly. I work for a very large well-known global company and before any PIP and for those
here in the attendance a PIP is a performance improvement plan is used regular meetings with employees and suggestions are done in conversations and reviews not done in a way that is being presented today. Mr. Mayor and the council, there is no doubt in my mind
that Eddie is doing a great job. And when you have an employee who values family, community, and genuinely wants to see this town succeed and helps the residents of this town feel proud and saying, "I live in Miami Lakes." No one should be targeting and questioning his
employment. Thank you. >> Thank you very much. Next speaker. Again, you're encourages to come to the podium at will. Perfect. Never mind. He was walking out. Okay. Excellent. >> Good evening everyone. My name is John
Alamman. I live in 6768 Park in Sonia Drive. I've been a resident in Miami Lakes for over 35 years. Um, I know Eddie uh Peterman for over 25 years and I've seen firsthand his interrogate professionalism and genuine
passion for the city of Miami Lakes for many years before he was even a city manager as a city residents. Eddie leads with transparency and true commitment in serving our community. He's responsive. He's always willing to hear his
residents and he's always looking at to do a better job for the residents and the business as well. I strongly encourage the commission here to look at his what he's brought to the city of Miami Lakes and I encourage everyone to
take a look closely and look at what he's always done for the city of Miami Lakes and his commitment, his passion that he brings to the city. And I'm really proud to be a part of Miami Lakes and part of what the commission and and the mayor has done. So I think uh if we
continue that in that path, we will continue to be one of the leaders in the city. I currently work uh in a major uh city uh the city of Aventura. And I can tell you there's no comparison what
Miami Lakes does in comparison to the city of Aventura. And that's a commitment from all you gentlemen that are here and especially for Eddie Peterman who brings that passion to the city. Thank you everyone. Thank you very much. Next speaker, please again come up to the podium at
will. Welcome. >> Good evening. My name is Enrique Suarez. I live at 6730 Orchid Drive. Uh when I first met Eddie Peterman, we both had black hair. Uh we were very young. I've known him probably since elementary school. And one thing I
can tell you about his character is and I tried to look for quotes, you know, and I I've talked to a lot of his staff out in the field and stuff and gotten little tidbits about what it is and knowing how he is, but he's a person of character. He's serious. He's always
been like that. When he was on the basketball team, he worried about a win, not his stats. And when I look at that, his strong family values, his integrity, he makes me proud about why I live in Miami Lakes. I've been here since 1990, but I only started living in Miami Lakes
six years ago when I retired because I spent 20 hours a day out of the city. Uh I understand sometimes decisions are hard and I commend all of you for the jobs that you do. You know, I just want to refer back to uh Councilwoman Mar Ruano wrote an article in February of
2024 how hard it is to do your jobs and it really is. and he takes a lot away from your families. But Eddie is a person of integrity and someone that I'm proud to know. And it's not like I call him every day, but he's the type of friend that my dad always used to say, when you're in trouble, he shows up to provide support. So, I'll leave you with
this quote. I think this is the way he's always been. You surround yourself with the best people you can find and don't interfere. And the greatest leader is not necessarily one who does the greatest things. He is the one that gets people to do the greatest things. Thank
you for your time. >> Thank you very much. Uh, next speaker please to the podium at will. Anyone here in the audience wishing to come up? Welcome. Good evening, Mr. Mayor, council members. Uh, my name is Albert Del
Castillo, reside at 7080 Torphin Place in Llman. I have uh lived here in Miami Lake since 1971 when my family first moved into Dade Pine Avenue and I was just getting out
of 8th grade at Immaculate Conception. And I only mentioned that because that is right about the time that I met Eddie Peterman. And I have nothing but the highest regard for Ed. But I am not here tonight because of that longlasting friendship. I'm here for the very
reasons that have already been articulated by the prior speakers. Eddie is a man of incredible integrity, moral character. He has worked hard for this town of Miami Lakes as a resident himself, as you've already heard,
raising his family here. And I think that when you have someone like Ed who cares so much so deeply, he's incredibly knowledgeable, having gone through the ranks of the fire uh fire department here locally and leading the fire union.
I had the privilege of serving with him on the initial inaugural town charter committee that incorporated this town. I then have had the privilege of serving this town as your counsel on your many a couple of your bond financings. I was
going to say many, but not many. A few that we've done right over the years. So, I I just don't see why uh council member, we're here tonight, but you must have a good reason. If we are, let's hear it. But as a couple of the speakers have already said, when you call the
question of a PIP, it has to be for a serious reason. It cannot be because you have a personal gripe or or even a a disagreement. Look, I again I'm not here either to say that Ed is a perfect person. None of us is perfect, right?
But the way to solve disagreements at least among reasonable people is to engage in dialogue, look at the issues and then compromise. And so to the extent that there is anything that is efficient in Ed's uh performance, which I fail to see, but
I'm not sitting in your seat, so I defer to you, but let's let's work it out as reasonable people, but let's not have the town of Miami Lake suffer. Uh otherwise, we're not going to find anyone better than Eddie Peterman to run this town on a on a day-to-day basis
with your counsel and wisdom sitting up there on the dis. So, with that, I'll stop and I hope that we we do the right thing here tonight. Thank you for your time. Thank you. Next speaker. Good evening, Mr. Mayor, Council. My
name is Jose Montes and I reside at 7041 Torphin Place. I have been a resident of Miami Lakes for over 25 years. I have known Eddie and the Peterman family for over 55 years. I went to Immaculate Catholic School where I met Eddie's older brother, Peter, when we were both in the fifth
grade. Subsequently, I met uh Peter's twin brothers, Eddie and Victor, where they were a year behind us. Eddie led a very distinguished career at the city of Miami Fire Department for over 30 years. He was deputy deputy fire
chief at the time of retirement. After that, he went to Broward Fire for three more years. Eddie has been our ma our our city manager for almost seven years. The town has been improving every single year Eddie has been manager. There is better customer service and Eddie
brought back teamwork to town management. The town survived the impact of transitioning from the county FPL franchise fee. Eddie has always demonstrated the ability to manage complex municipal operations, foster community engagement, and implement policies that promote both economic
development and especially fiscal responsibility. Eddie's leadership style is transparent, ensuring that staff, elected officials, and residents all have a voice in shaping the future of our beloved Miami Lakes. Under Eddie's direction, the town has seen remarkable improvements in infrastructure planning,
public safety, and financial management. Eddie is deeply committed to public service for improving residents quality of life and creating a government that is responsive, efficient, and equitable. I am confident Eddie Peterman will continue to be an outstanding city manager who brings dedication, innovation, and steady leadership to our
town of Miami Lakes. Thank you very much. >> Thank you very much. Welcome, Senator Garcia. >> Thank you, Mr. Mayor and city council members and uh Mr. Manager. I just want to say it really is an honor to be here uh and
to talk about a little bit about Edward Peterman, the town manager. I've known Edward for about I was trying to figure out about a good 25 years. I think I met him 20 years when I was in the legislature. That's when we met. And um I thought I knew him from Syria, but no, I knew him when he was u president of
the uh fire union. That's how we met. And I can assure you that he and I didn't see eye to eye every single time. But this man, the integrity that he has and brings to all his debates and um and decisions is far by far none compared to
anyone else. So, Mr. Peterman, I do appreciate what you have been able to do for the town of Miami Lakes. I've been representing Miami Lakes for a good 25 years the whole that that time. And I saw what you were able to do and accomplish in a short time when you got here, especially with the morale of the
employees. you brought back teamwork to to our to our to our city. People were able to work together and move forward. Before there was a little bit of animosity here in uh in Miami Lakes. And I'll tell you this, uh he also worked on uh on the minimizing the impacts of the
FPL uh franchising fee. It was a big deal for the city, for the town of Miami Lakes. That is also something you're commended for, Mr. Manager. And also during COVID, let's not forget during COVID, Miami Lakes was facing some difficult times, especially with the budgets. Um, Mr. Peterman was able to
balance these budgets, bring things together, make sure that this town move forward. There's a lot of things that he has brought to the table and I admire you for that. And look, you all have the right to bring this resolution before us, but what scares me is that I don't want us to turn into another one of
these municipalities. We see the battles that are happening in Miami. We see the battles that are happening in Coral Gables. You know that they try to compare Miami Lakes to Coral Gables. I'll tell you this, we are much better than Coral Gables, by the way. So, let's not turn into one of those municipalities. Let us have disagreements. Let's not be
disagreeable. Um, I think it's important to recognize that we can come to the table, have these conversations whenever his contract is up. Let's wait till his contract is up and have that conversation then. But to do this right now, I think it's just going to put a black eye, give us a black eye in the
city that we care, the town that we care so much about. So I ask you to have the debate, be respectful, but also think about what we're doing to the town of Emmy Lakes and understand the work that Mr. Peterman has done has been nothing but to make this town a better place. So thank you very much, and I respect everyone for your for your time and for
the decision you make tonight. God bless. >> Thank you, Senator. Uh, next speaker, please. Hello, I'm Eugene Choa. I live at Lachl Loman in 16105 West Presswood Place. I've known Mr. Peterman for about seven years, five or seven years, give or
take. Um, I can tell you we don't always see eye to eye. We've argued a lot, but I have a lot of respect for him. And more importantly, he has a lot of respect for all of you that are here. I myself have given certain opinions um things that I would want changed and and
done in a certain way and he's always been very calm and very respectful and always responds quickly. Another thing is I think he's also respected very much by the staff. You know you guys we elect you guys and you guys make um decisions and he has to
execute on those decisions. It's not that's not always very easy. Um and I do respect the fact that um that you do have the choice, but I think by doing this, you're going to be hurting uh not only a good person, but a
person that's really working hard regardless of what disagreements you have. I do have a lot of respect for him and I think he does he does a lot for Miami Lakes and also for the staff that you have. So, I think it'd be a shame um even at this venture that he'll start looking where he's not wanted and I
think that could be a problem. I think he executes very well and I won't take up any of our time, but I I support him 100% even when I disagree with him. So, he's a good he's a good guy. All right. >> Thank you very much. Uh, next speaker, Mayor and Council, uh, Adrian Baste,
7413 Loch Ness Drive. I've had the pleasure of living in Miami Lakes now, uh, for over the better part of the last 11 years. Uh, and it's been a great 11 years. I've had the privilege of raising two young, beautiful daughters in this town, getting married in this town, buying my first home with my wife in
this town. And I can't think of a better person I would want being our town manager than Edward Peterman, a man who has lived his life in public service, putting his life on the line for this town and for this uh, general South Florida area. And I would rather take the attention and time that we're putting to this matter and put it
towards things that I think are truly important. I know many of you ran on certain initiatives to make this town better, whether it be sidewalk improvements or things of that nature. And I urge you, let's take our attention and time and focus on those things where I can go for a walk with my wife in the
morning and not slip by the mold and the mildew that is over by the Loch Ness lake that is on public space. This is not in front of somebody's house where they would be in charge of pressure washing that. Let's take our time and energy and work with Mr. Peterman. give him the tools that he needs to do his job properly instead instead of focusing
on this uh whether it be personal or professional differences. Let's let's rise above this general climate that we have today of personal attacks and putting each other under microscopes and work together to make this town truly what it should be and what it is becoming under the leadership of Mr. Peterman. So, I'm here to voice my
support for him and I trust you all do the right thing and understanding his uh general love for this town and his great performance in leading us. Thank you. Thank you very much. Next speaker. >> Welcome, Colonel, the grand marshall of our Veterans Day parade that we just
held yesterday. Good evening, gentlemen. Uh, my name is William Perez. My address is 7280 Miami Lakeway South. I've been a resident of Miami Lakes for about 51 years now. Even my home record when I was gone in the Marines. Um, I know a little bit about
leadership and uh, I gotta tell you, one of the things that Ed Peterman has shown is reliability, you know, and whenever I was in charge of a Marine who was like a uh, top performer, but he was unreliable, you
know, he had moments of brilliance, but moment moments of not getting anything done either. Also, I always went to the reliable Marine who may have not had those moments of brilliance, but was darn reliable because that's a quality you want in a leader. And Ed is
reliable. He has integrity. He has always been responsive to the needs of the committees, the veterans committee. The other thing also is I can see the morale that he has instilled with the liaison and the town and the staff and
instilling good morale especially during a time of budgetary constraints and very little pay raises no pay raises that's pretty incredible achievement but at the same time I also realize that
you guys are charged to be the leaders and you have to have measures performance and measures of effectiveness. And you have to have those folks, the managers accountable. But I would say doing the PIP is injecting chaos.
You don't want to inject chaos into a system that's been working pretty well. But at the same time, you want to strike that balance. So you figure out what is the best approach. You guys are pretty smart cookies. I know you all. What is the best approach to create that measure of effectiveness, that measure of
performance without injecting chaos into this organizational system? Thank you very much. >> Thank you, Colonel. Next speaker, please just come to the podium. Going once going. Here we go.
Good evening. My name is Lynn Moss and I live at 16340 Woodwalk. I simply can't fathom why a special call meeting pertaining to the town manager has been called and
subsequently cancelled repeatedly. And yet here we are. And why are we here? I'm not sure that I know. I'm not sure anyone else knows either. It's always been my understanding, and
I've attended a few meetings in the years that I've lived here. Special call meetings are for urgent timesensitive matters. They're not. I think so. If we're here to discuss the manager,
there are mechanisms in place to do so. If you're talking about his contract or his performance, there are mechanisms in place in which to do that. So, let's talk about his performance. Mr. Peterman
is a true public servant. He serves our town with professionalism and integrity, and he has earned the trust of the residents and the business owners alike.
He's a Miami Laker in the truest meaning of those two words. To cast him in a light that creates shadow or doubt is unfair. It's unnecessary and it's unbecoming.
Frankly, it is. We are poised to observe our 25 year anniversary. I lived here when we incorporated. This should be a time of joy and celebration. It's our
silver anniversary. This is a time in our history for gathering with joy and unity and appreciation for people who give their hearts and their souls to this town. I realize your jobs are
difficult. They're challenging. You take from your time with your families. That doesn't go unnoticed. But Mr. Peterman, you're a rock star in my mind. The residents of this town have trust and confidence in you. And as
someone who's raised hundreds of thousands of dollars that we've donated to the town foundation, I trust you implicitly with those funds. Those monies go into the hands of the students and the people that need them. So, I'm here in support of the town manager. Again, I'm not really sure why I'm here,
but just know that I'm here in support of you. I know that there are many people who aren't represented here who feel exactly like I do. Thank you. >> Thank you very much. Anyone else in the audience wishing to speak?
>> Seeing none, Madam Clerk, any remote public uh speakers? >> Yes, mayor. And I'm going to call the remote participants as I see them in the order of my screen. First one is Mr. Abel Fernandez. I see you have the hand
um up. Welcome to the meeting, Mr. Abel Fernandez. >> I'll just You can hear correct? >> Yes, we hear you. Welcome to the >> video does not go off, so that's fine. Uh my name is Abel Fernandez, chapter 119. I've heard an impressive list of
individuals speaking here tonight uh about uh Mr. Peterman's character and uh it was an impressive group. But I'm not here tonight to talk about Mr. Peterman's character. What I'm going to talk about is processes. It's not about
the individual. So, I did some public records requests and I spoke about that last time and I urged you last time not to do this and it still went forward. So, what I'm looking at in his reviews
is one performance evaluation in his entire tenure here. Then I looked at his contract and in his contract specifically section 3 article 3.1
look at the last sentence Mr. Mayor and councel and it says clearly that if a ma the manager his his contract if he does not have a performance evaluation during his contract month that it is assumed that he has an above satisfactory
evaluation that that speaks volumes. So, not only no con, no performance evaluation. So, then that means it's above satisfactory. So, we're here tonight to discuss a performance improvement plan
for an individual that's been rated as above satisfactory. I'm I'm at a loss for words and this is a young council. I told you that I appreciated you. I told you that I would give you my confidence because the last one was a fiasco. I didn't want
to see infighting. And here we are with better things to do than to give a performance evaluation improvement evaluation. I don't get it. As for Mr. Peterman, 30 years on the fire department. He became firefighter, lieutenant,
captain, chief fire officer, assistant chief, deputy chief. That was two more ranks that three more ranks that I ever did as a chief fire officer. And you know what? We managed hundreds of people and we were 30 years in a job, not five months, 6 months, 7
months with a complete resume of many jobs. We were there for years, decades. One thing in closing before I run out of time. I don't appreciate the negative ad that was put out for one of the council members on a robocall. If someone has something to say, put it on the record
with their name. This happened when Estra Cologne was running. This happened when Angelo Garcia was running and I don't think it's fair for an uh Alejandro Sanchez to be tarnished. He made it clear what his record was and people knew it. To bring up accusations
now smears of lowlife activities. I ask you to put this behind you and work towards making Miami Lakes great. Thank you for your time. And Mr. Mayor, I did not go over my three minutes. >> There we go. We're making progress. and
best of luck to you and I know you're you're there taking care of your mother so >> yes I just wanted to say that I am in the ICU with my mom at Memorial since Friday u my mom's in respiratory failure but I thought it was important
enough to to join you here so pardon again it's about the process not about the individual thank you sir >> no problem but thank you for participating and again you know my thoughts are with you and the family >> thank you Mr. Mayor. >> Um, Madame Clerk, any other speakers?
>> Yes, I see Mr. Patrick Conl. Good evening, sir. >> If you want to participate, I think I see your hand. >> Yes, thank you. >> We hear you. Welcome. >> All right. Appreciate your time. One, I
want to um I'm Patrick Conungle. My address is 15860 West Preswick Place in Lock Lman. I also serve as the president of that homeowners association in which 188
residents homeowners have elected me as their president and I have yet to have an a vote um against me. One of the things that makes my job so easy is to be able to communicate with a person like Ed Peterman. He's always been responsive.
Even the times when I didn't call on him, he's calling me to verify that all is going right. We had a major construction problem in our um well, we've had a few and he's always been on top of things. Sometimes he's even been
on out of town like I am tonight, but felt it was important to answer his phone at 7:00 a.m. in the morning when it was convenient for me to call him and yet get the job done by the end of day. Um it's also happened on a Friday night.
you're at a birthday party and I'm able to call on him to get a hole fixed that was caused by construction in the community. He's always been um answered to me. Maybe it's not always what I want to hear every time, but there's an
explanation and I'm able to go back to my con to my fellow residents who elected me the president and explain to them and with a good answer. I met Mr. Peterman through a person that spoke earlier, Jose Montes. Um, that
family when I was working at a local Catholic high school. And I just want to say it's been a pleasure to know that family. They are people of integrity. Eddie fits the mold. I didn't have the privilege of meeting his brother, but I did have the pleasure of working with his nephew and niece when I was at that
school along with his own children. So, I just want to say it's imperative to me to move forward as president to have a guy like Eddie Peterman as our city manager and who will uh work with me on issues that take place in lockman. I
thank you for your time. >> Thank you very much. Uh any other speakers online, Madam Clerk? >> I don't see anyone else, but I do want to state for the record that I did receive earlier today a written public comment um from Mr. Roberto Alonso and
um the written public comment is in support of the town manager. >> Thank you very much. Uh before I close out public comments, there were some additional uh late walk-ins into the meeting. I just want to give a final opportunity for those who walked in to come to the podium and give the remarks
that they would like. Welcome Mayor Council. Uh, George Alvarez, 7992 Northwest 161 Terrace, uh, Silver Crest North. Thank you for your time. Thank you for allowing me to be here. I just, uh, thanks Miami traffic. I was a little late, but I heard most everything online. And without repeating that, I
agree with all the speakers. I support Mr. Peterman. I serve on one of the committees. He's always available if we need him. I don't bother him. I know you guys are busy all the time, but if I ever needed to pick up the phone, which I have, um, he's available. I also um I'm on the board of one of the HOAs
here. Again, I don't really need him too much, but if I've needed, I've had a question on how to approach it, always available immediately. So, I just I'm here to offer my support and um without getting into a lot of details, uh I hope that we can move beyond this and
continue uh with our successful town and and moving forward. Thank you. >> Thank you very much. Is there no one else in chambers who would like to speak? Seeing none, public comments are now closed. We now move on to item 7A, discussion of the town manager contract
by Councilman Sanchez. Councilman Sanchez, you are recognized to introduce your item. >> Thank you, Mr. Mayor. Thank you to all the residents that are here tonight, the town staff us here tonight. I agree with what everyone says that Ed Peterman is, you know, he's cut from a different fabric. He is a great individual and I
am somewhat cut from the same fabric considering the public service tenure that I have even at my age. At the age of 19, I enlisted in the United States Navy. I served honorably for eight years. Four years active duty, four years in the reserve. Then I came to the civil side. I worked for the Transportation Security Administration
for a couple years. Then eventually transitioned on to the Social Security Administration where I continued to work until I had enough tenure to be able to retire and start receiving an annuity from the Civil Service. So I, like Mr. Peterman, am a civil servant. So I applaud him for the 40 years that he's
dedicated not just to the fire department, but to this town. Now that being said, I am going to repeat something that I repeated over the budgetary process. Nothing that is going to be said here today is personal. Everything here is going to be
professional. There are things that are within his contract that not just his contract but within the town charter which is voted upon by the town residents that we as elected officials have and Mr. Peterman also has. We each
have meetings with Mr. Peterman on a one-on-one basis. The only time that we can discuss things that regard the town manager is in a public space just like this meeting. The special call meeting, I requested it originally in October. It
was a it was a fullon my part to request it with a two-day notice. It was a complete disregard on my behalf, especially with a Jewish holiday within that time frame. The other two meetings I withdrew when I became aware that the town manager was not going to be available for those meetings because he
was going to be out of town. That is why those three meetings, the first one was not voted, it was voted upon and failed because the two today notice. The other two were withdrawn by myself by me because of the town manager's unavailability. Holding this meeting outside of a
special call to me would have been an injustice to the regular council meeting just because of the amount of time that I would like to have reviewing with my colleagues, the charter and the contract. That would be a disservice to all the other items that we cover over
that regular council meeting. Those agendas are pretty long. On average, they're over 400 pages long. They used to last prior to this council deep into the night, 1, two in the morning at times. That council is not running in that way. is running in a more efficient way where we're ending most of the time
way before midnight. So because of that time sensitivity is why I requested this special call meeting. There's also another topic that we're going to discuss, but it has nothing to do with the town manager and it has to do with our tone charter because it is something that we're coming up on a deadline on. But today's meeting is not at any point
in time to terminate to target the town manager. it is to review because I have what I've seen from the charter and the contract that are not being met. I don't know what my colleagues have to say about the charter and the contract and what he's meeting, what he's exceeding,
and what he's not meeting. So this is to discuss that and create a plan where he can maybe those are deficiencies that he just doesn't realize are not taking place that he doesn't see to get to a point where in February of next year when he his anniversary date of February
1st and we do his annual review we can fill that gap and have a collective where the council and the manager work hand in hand. As somebody that served in the Navy, we know chain of command is extremely
important. And the chain of command within the town is where the residents are first, the elected officials, the council are second, the town manager is third, and the town staff has their own chain of command under the town the town manager. So, this is a chance that we have to say
as the proper chain of command, we need you to fill these gaps as a collective. So, I appreciate everybody's time. I hope I have addressed some of the things that you spoke about tonight and now I would like to discuss what I would like to see and with the permission of
everyone I'm going to go first through the charter tell what I see first in the charter as something that is room for improvement and then we'll go into the contract. Okay. So within the charter it dictates
Oh before that let me read the memo that was sent out with regards to this meeting. So a little bit of background during my tenure as a council member since January of this year I have identified opportunities to enhance the efficiencies of the town manager's performance in relations to the duties
outlined in the employment agreement and the town charter to provide structure support and promote continued professional development. I recommend the implementation of a performance improvement plan. This approach is is intended to clearly define expectations,
establish measured goals, and offer guidance to ensure successful fulfillment of all responsibilities assigned to the position. My recommendation is that the council direct the creation and implementation of a performance improvement plan for the town manager with a review period
concluding with the annual performance evaluation on February 1st, 2026. The plan should include specific objectives, performance benchmarks, and regular regular process evaluations to ensure alignment with all directives contained within the town charter unemployment
agreement. My example from the charter relates to section 3.4 of the acting town manager, which states to perform his or her duties during his temporary absence or disability, the town manager may designate by a letter filled filed with the council a qualified employee of
the town. In the event of failure of the town manager to make such a designation or should the person so designated be unacceptable, the town council may revoke such designation and appoint by majority vote another employee of the town to serve until the town manager
shall return from his absence or from his or her disability shall cease. In order to resolve the aformentioned as part of the performance improvement plan, the town manager should notify the town council of a at the regular council meeting of his upcoming absences. The
reason why I ask for that specifically is because the only time that we're able to vote is at a regular council meeting or at a special call meeting such as this one. Outside of that, if he tells us, for example, if it's if it's an illness, I'm I'm going to be out of the office because I'm sick. I have an
emergency. That's a different case. That's a special case. But when it's a pre-planned out of office, let us know so we can say yes, we agree with who you are selecting as a as the interim. But if we don't, we have the opportunity to select someone else as the interim. That
opportunity right now is not presented to us as the elected officials. So what I am requesting is to have that presented to us at the next meeting. If I were to bring this up during a council meeting for us to take this action, it would take place during a new business item. As elected officials, we are
limited to three new business items per meeting. As one of the residents said, we have more fish to fry. We have bigger things to attend to. So, a new business item should not be dedicated to telling the manager, please let us know where your out of office is going to be while, you
know, like as a business item for that one meeting. So, it should move on and just let us know between this date and this date, I'll be out of the office and not have to not allow us to not vote on having that person be the designated
town manager in their absence. That is mine for the town charter. Do any of my colleagues have anything about the town charters and their responsibilities? >> Remember that you're recognized to introduce the item. Then we can get into discussion. That's the proper posture. So I would need you to move the item and
then uh you know wait for a second. If it receives a second then we can go into discussion. >> So my motion is to create this item or the performance improvement plan in order to annotate what we'd like to see improvements on between now and February 1st. >> I second.
>> It's been moved and seconded. Councilman Cuadra Garcia, you're recognized uh for discussion. you. Um, I want to recognize every resident in this room for your kind words.
Um, my colleagues, one of my colleagues stated how it goes in the chain of command. My chain of command, who comes first is you, the resident. I had over 8,300 residents in this town voted for me. to
me. I represent you all at large. Let me be clear. I'm going to share uh something. Um there will be two two things that I have. One will be a question and one will be uh my comments.
Uh which one will be first uh through the chair. The comment or the question? The question will be for um our town attorney. Let me just share my thoughts and let's make sure that we keep this
clear uh for the records. Mr. Manager, I happen to like you sincerely, okay? I have nothing against you, but this is all business. Okay? Um my colleagues, I am I am 307 days in
um my position committed to my constituents. I have reached out to our town manager on numerous occasions and I have had this is me maybe you guys
have observed it or have had it in another way. I have been nothing but uh numerous things that I've requested have been refused um and rejected. What I've asked him um I'll either get
sidewalked or I will be stonewalked. I can't work that way. I can't continue to do the rest of my job if I can't get positive. I'll give you I'll make something uh real real real quick.
Some of you have traveled through our gateway which is 6 67th Avenue and 57. We'll use 67 for an example. Um I was able to get this uh some of the ch some of our colleagues to meet with our
secretary of state. I want to say it was last year to to to correct an issue that we have the aesthetics of that of that bridge and also 57. Um, and all I've got was
uh excuses and excuses. I can't give those excuses back to my constituents. I need to work with people, whoever it is that give me positive feedback. so I can give uh positive feedback to my
constituent. With that said, um I personally had to reach out to the Secretary of State, Mr. uh Eiglacius, and sit down with him and said to me, "We'll take care of it." And he got
taken care of. Why can I get my town manager to take care of it when I pay him just as much or more than the governor of this state makes? The governor of the state has over 24,000 residents that he has to look at. We
only have 33,000. So, I've got an issue there. Okay? So, I just want you to understand I have nothing against him, but in my next um in my next um um when I have my next uh workshop or my next
item, I'm going to bring all of the things that I've requested and the ones that not have not been done. So, again, that's me. That's me speaking. I don't know how my colleagues feel, but that's me. The question, the next question is
to our town attorney. Mr. Attorney, I have a question for you. Um, and I since our town manager has been with us since 2018,
is that about right? >> 2019. >> 2019. I have 2018. Mr. Chair, >> where's my paper? I put it over here. I have 2018. Those are way >> 2019.
>> It was 2019. He his nomination was confirmed December of 2018, but he did not actually assume the role of town manager until February the following year. >> On the resolution, it says 18. >> That's because when that's when he got >> So, is it 19?
>> It is 19. >> From what I recall, from what I recall, it's February 1st. And actually, it would be nice if I had Manny Sid sitting here. That would be the gentleman I'd like to question. But now that we have you, Mr. Mayor, here uh almost six six
years um and Mr. Ray. Um, my question is why why wasn't our town manager evaluated um in 19, 20, 21, 22, and 23? Can
somebody give me an answer? >> I'll answer this. Obviously, he just took office. Somebody's microphone is on. If they can just make sure that it's off. All right. Much better. So recall as you just as we just cleared up right that in 2019 is
when he officially assumed the roles and responsibility of town manager. So there wouldn't have been a performance evaluation at that time. In fact uh I believe if I think it was the either the following year or the year after that that it was my item to go ahead and
create a performance evaluation tool of some kind to use to evaluate the manager's performance. Eventually that passed. That is thema based evaluation form that uh somebody requested be brought up here and that myself and I believe councilwoman Rorano had filled
out at the time. Um so you know until that was passed there was no >> correct. Yeah. And and actually to quote former Vice Mayor Jeff Rodriguez um when we were having the discussion on creating that form for him, the reason why he never filled one out was because
his performance evaluation is every year that he chooses not to fire him, right? In essence, right? That every year that he, you know, believes that the that the manager is doing his job, well, then he allows the manager to continue to serve in that capacity, right? The moment you feel someone is below average, that
they're not meeting your expectations, that's when you need to go in a different direction. In essence, I would say that was his way of of blessing manager Peterman's uh uh you know, his his record, I guess, is the best way to put it. >> Um, you know, but I still wanted that form uh when I proposed it because I
wanted an evaluation tool. Now, ultimately after a while, you know, of nobody nobody else doing it, even I stopped, right? And as as uh Chief Abel Fernandez reminded us, you know, every year that there's no uh evaluation given, that's automatically assumed to
be above average, right? Um so silence is an answer in in that case. Um so that would be how I would answer your question. Why there were no performance evaluations? It's not mandated. It's it's up to us, right? Uh and some and other council members view again their
silence as an answer. and you know automatically per his agreement it is an answer as as as you know but you still have the floor uh but I just wanted to answer your question Sarah. >> Yeah but hold on I I just want to make sure we clear something up. You've got
to read the provision in its entirety. It does say at the beginning of the provision that the council shall, but if you continue to read it, it says if somebody doesn't do it, then it's deemed to have been an above average
evaluation. So, it does say shall, but you've got to read the the whole provision. And it says if the council if if a member chooses not to do it, it's an above average it's deemed an above average uh performance evaluation. That's how the the provision reads in
his contract. >> So I come from the public sector. >> I come from the public sector. >> You have to turn your mic on, council. >> I'm sorry, sir. >> Oh, it's unknown. >> I come from the public sector and I get
and all of the employees that work in my in my company get an evaluation every single year. So my question to you uh town attorney is or to you Mr. Manager
to you Mr. Chair is since we started in 2018 evaluating has our town manager evaluated each and every single town employee
of this town. Have you evaluated them? >> Not every year. >> Huh? Not every year. >> Are you supposed to? >> There is there's no mandate that we do it, but we
have a policy for uh doing evaluations and there's a form that we uh that we use when we do evaluate them. And that's on me that I I should do a better job at making sure that all supervisors I'm not going to evaluate all you know 50 60 80 uh town employees but the direct
supervisor of each town employee would be doing the uh the evaluations and we probably I need to make sure that we do a better job at that. This question is for the town attorney. town attorney.
Uh if if I request as a council, as a representative, uh to our constituents, if I request that our town manager provides all the way from 2018 till our next town
meeting all of the evaluations of the performance of his employee. And if he does not does not uh provide those, is he in any way legally
can he be terminated? >> Well, a couple of things. If for for you to make a request like that, three more of your colleagues have to join you, okay, >> in in making that because you don't have the ability to tell him what to do. the
body the body does. So if >> it was a question it was a question that I have. I understand that they'll do whatever they want to do. I'm just saying if I request through the chair that he comes up with
all of the the evaluations of the performance of all his employees and if he does not give them well in this case I'm requesting it is there legal with cause
to terminate his contract. I go back to my point. If you make that request through the chair and the body as a whole, four of you vote to do that. Now, you've given him a directive and there is provisions
in his contract uh about terminating for cause. In other words, if his board of directors tells him to do something and he doesn't want to do it, we're starting to get close to cause. I will agree with that but I have to let me take a quick
look that I am not happy with his performance. >> I love what all these gentlemen and lady ladies and gentlemen have have said but I have to work I have to perform. >> Cause is in 16.4 it's defined as breach
of any material term or condition of the of his employment agreement violation of any applicable laws or codes. misconduct as defined by Florida statute, gross insubordination, misfeasence, or willful neglect of duty.
You could probably argue, you're asking me a hypothetical, and I'm answering in a hypothetical. >> If the body asked him to do something and he wouldn't do it, you know, that could be considered willful neglect of
duty. But I'd have to evaluate. This is a pure hypothetical and I am in no way insinuating that you should do this because I don't think he's done anything like that because I don't think you've asked for it. But if the body's asked him for something and he doesn't give it to him, we would have to have a
heart-to-heart conversation, the manager and I. I'm asking through the chair that uh we uh get uh I'm requesting that we get uh all the performance of all the employees um
from 2018 till our next town council meeting >> I think uh well remember that you are able to ask that of the clerk directly as the as the records custodian. So, Madam Clerk, I guess you know, you know now what Councilman Cuadra Garcia uh is
requesting. Do you have anything else to add? >> That's it. Thank you very much. >> Well, I'll go ahead and and begin to uh uh to speak with with my remarks. you know, a a Councilman Sanchez, I know that that your goal here is to uh have a process for improved performance, but
again, as some of the speakers mentioned in uh in public comment, there still is not it's not clear to me exactly, you know, other than the 3.4 4 provision that you mentioned in your memorandum. Based on what you were bringing up, I did not hear though what other specific issues you had that you
would like to see addressed through the the PIP, right, through the performance improvement plan. Um, it sounded more like you wanted to just have a general discussion to hear from others as to whether or not anyone else had uh deficiencies that they would like to see addressed between now and then uh in the
manager's uh contract. Um, so with respect to the the the interim manager designation issue that you raised, I understand where you're coming from and you know because I get it too, right? Obviously he has to notify all of us. Sometimes you know you would want a little more lead leeway or or lead time
rather um in receiving notice so that if we were to object to any of his appointments uh then we we would have the time to do so. However, in all the time in this the now seven years that I've been here, it I I've
never seen anyone ever use a provision, right? And I think that that goes to show that everyone is okay previously with count with manager Ray's uh you know uh appointments or or designations and with manager Peterman's designations. I've never seen him name
anyone outside of executive level staff, you know, to that uh uh pro, you know, to that interim post. They have always been responsive, whether it's deputy manager, uh Lopez, whether it's finance director K. Grant, etc., etc., Gladi said, our communications and committee
outreach director, they have always been extremely responsive. Even he when he's been on vacation has been extremely responsive to requests that I've sent them during those times that he's out of office which I which I like because when he was uh auditioning if you will for
this position uh you know one of the uh one of the key promises he made uh was to hyper communicate and at least you know with me he has kept that that promise. Um, so I'm at So while I understand where you're coming from that having a bit more lead time would be
helpful, I also think that based on what we've seen, we know already who he's going to appoint. It's executive level staff. Um, and again, no one up to now has raised an issue with any of the actual people um, you know, that he has named. And I think that if there's an
issue with, for example, lead time or another issue with his performance, you know, I think those are better addressed directly with him. I don't like to air dirty laundry, you know, we're ultimately a team here, right? We're all supposed to be rolling in the same direction, which is the betterment of Miami Lakes, the community that we all
uh live in and that we love. And you know sometimes especially when when you have a a memorandum uh you know like what you were proposing creating a PIP it it it starts to seem as if there is there are these bubbling issues um that we have to address. But like I said
other than this 3.4 matter I haven't really heard anything else um you know that is really a defic deficiency within his performance. Myself look the manager and I have a very good relationship. you know, it took a while to get there, you know, and I mean, not that we had a bad relationship before, but you know, just
us getting to know each other better took time and relationship building as all as with every all things in life. And you know the truth is that even where we disagree with each other we'd have it out in private and you know we'd have a direct an honest conversation whether it be in his office or we'd go
out for lunch and he knows you know you know when I'm not happy with something he did or where I disagree with him he's always adv advocating what his position is you know obviously as the manager the leader of staff it's his job to present his own professional opinion on a particular item and even when I disagree
with it you know you know like at the end of the day we we leave it there and we move on, right? You know, ultimately, as he always reminds me and as he reminds us, we're the policy makers. We're the decision makers. You know, he's glad we have our jobs and he gets to have his where he doesn't have to be out there in the limelight. And unlike
other city managers that they love to be out there right out there with the elected officials, look at me, look at me. Ed is not that kind of person. And he is very much the kind of person that would rather leave the policy to the policy makers. That's not to say he doesn't have his opinion on things,
right? But I have never in my experience seen him overstep into something that is our domain, right? Um even as he's advocating in our meetings for whatever position he may have, right? And Lord knows he and I have, you know, had many discussions like that, you know, uh in
the past. So, and the other thing I wanted to address is Councilman Guad Garcia's uh discussion regarding the 67th Avenue uh uh underpass comment. My understanding is actually that that the manager did get us a meeting with the with the sec
with the regional secretary of FDOT, right? For district six, right? Um it was uh what was her name again? >> Stacy Miller. >> Stacy Miller. >> She's not with the county. >> Correct. >> So, so he he did deliver on that. I was there too when we had that meeting.
>> Senator Garcia was there. >> Yeah, that's right. You know, so we were all there, you know, so it was facilitated. Ultimately, you know, I think you're you're misplacing blame on the manager for a a a bureaucratic inertia that was actually on behalf of the of EFT at the time. Remember, they
said that there's just no money for us to do anything more than what we're doing. If somebody else wants to do it, great. And they were more than happy to pass it off to us. And myself and a few other colleagues actually did not want us to take on that expense because we rather put that toward other things inside the town, you know. And to me,
the real gateway of Miami Lakes is Miami Lakes Drive. It's not 67th, even though that is an entry point, but Miami Lakes Drive is the gateway to Miami Lakes. It is literally our namesake. It is the main road people use to get in and out of town. It is the main road that people at the only road that people are able to
use to go east to west in our town. It connects both sides of the town. Um, so look, I mean I I right now I you know I'm going to make one final comment before or rather one more comment and then and I just want to state something
for my colleagues as well moving forward on these special calls. Although uh Miss Miss Montas wherever she's at, she kind of stole my thunder on that. But uh but I do want to say that I just do not see the need to create or a performance improvement plan for the manager. I would rather these things be be handled
directly with him. If something in the future ever really rose to a level of concern, that's a different story. But right now, I'm not I'm not seeing it, right? Um, and for my colleagues, Lynn kind of again, like I said, stole
my thunder on this, but I have voted no on all these special uh call requests, and in the past, I have voted no on them for the reasons that that Lynn stated. If it's not something that is urgent, meaning something that is time-sensitive or something that can be an emergency,
then that's what these meetings are for. This takes time away from the residents that are here, from us, right? You know, we're in the we're all in the private sector. You know, I could have been at my office, continue to advance client matters because Lord knows, you know, you know, I there are a million events
that I'm expected to be at. adding another one just really takes away time from me and my family and from you know me and my work. Um, so you know, I would ask my colleagues to avoid throwing anything more on the agenda or or calling for a SP special call meeting
unless there is something that is time-sensitive or involves an emergency as as you know, not just as respect for me, but for the public that's here, for staff even because they obviously have to get set up and they have to, you know, get here, especially executive level staff, the attorneys, you know.
So, just think about everything that's involved when we call these special call meetings. I understand what the councilman Sanchez was saying that, you know, he wanted this matter to get the attention it was due. My point of view is that we spend hours sometimes on items during during our regular council
meeting. And that's fine. And everyone knows that my my three big things since I become mayor is to avoid drama, to be efficient, and to avoid unnecessary meetings. Um, so you know, I understand the idea of trying to be efficient with their time during the regular council meetings, but that's where I think this
discussion was better to be had. I understand that, you know, we don't want to, you know, use up maybe all our MBI slots on stuff like this, but that is where this matter and and others, you know, are better left for unless, again, it is something that is urgent. Um, so I
would urge my colleagues uh to vote no on on this item respectfully and uh and I'll turn it over now to all my other colleagues to see what other comments you have. Councilman Hersburg. >> Thank you, mayor. Um, and I I share some of the same question to to council to
the council member. I I don't think the manager has done anything wrong with how the charter reads. He designates. He gives it to us in writing. None of us have ever had an issue with the designation. I just listen me me and the manager
plenty of times especially during budget season have gone back and forth on complete disagreements complete opposite sides but so be it. Um and there have been times where I've been frustrated and I've shared that frustration with him. Uh and I and we just started working together. I know next budget
season will go much I hope much smoother. Uh but I just don't this can't be the only thing that that's what I don't understand is what what are we doing here? there's no violation. There's no major issue to discuss on this issue alone with the designate. I
if we want to it's in the charter. So we can't we really can't I don't think we can say hey let's make a list of approved exites. That's not what that's not what the charter allows us to do. The charter says he gives a designate and we can approve it or or we can just let it be or or I I mean have some
emergency meeting to not approve it. I I really think that that that provision is really meant for long-term absences. I don't really necessarily believe it's meant for um short-term vacation and and the manager has always been available. Even when he is on vacation, even when
he's having medical procedures, he's been available. So, I I've never had an issue with that with that specific matter. And you know, the only other issues that I've ever heard from some residents is the manager's contract and his salary. the numbers. His salary is a
normal pay for a town manager for the municipality of this size. I've looked at it. I have the survey for Miami date and Broward managers. He he's not overpaid. Uh and then the other argument is well, we have a deputy town manager. At the end of the day, the town manager is allowed to pick his staff. That's not
our job, right? So, no matter who the manager is, they have the right to say, well, I want a deputy town manager unless we amend the charter. Uh, so I just I don't know what what other issues any other council members have. I'm happy to hear it. I know, you know,
council member here stated a few of them and that's, you know, I agree that this is only time where we can all speak. So I get that. I understand the importance of being able to do that. But for me, I I just I don't see the need for this performance improvement plan. I do plan
and I think we all should evaluate him coming in February. That's something that I will do, but I just don't know what the next step needs to be other than just maybe if we all make a commitment to do that evaluation, but other than that, I don't see any problems.
>> Uh before we go back to Councilman Sanchez, is there anyone else? Councilman Garcia. >> Thank you, Mayor. Um I just want to uh thank the residents for coming out. Obviously, this is a a topic that you you feel strongly about. Uh, also I thank the manager for his service as
well. He's got us through COVID and a few hurricanes. So, and he's he's been there. And Councilman Sanchez, again, you brought this up. You feel strongly about it. Uh, and I want to say one thing. I I saw some of the texts I've
been going out of, you know, imputing your character, and I I want to say that's not the Miami Lakes way, guys. You might disagree with this item or the reason we're here, but let's not impug his character. He served our country. He served it well. He's a veteran. Uh he's
and as public service, his family's here as well. There's no need to go, you know, impugn his his character like that. This is not the Miami Lakes way. And I hope those who did this will understand that we that's unacceptable here. As far as the the item you brought up, sir, um a performance improvement
plan dictates that we've evaluated him and there are areas we feel he needs to improve on. Uh his contract clearly states each individual council member is responsible for doing turning it in 30 days before uh the date, you know, the February date.
Um I have not done one in three in three years, right? Uh and again, that's on me. There are certain things the we have discussed areas I feel that need to be improved and I will bring that up. I will definitely do an evaluation. That's the mechanism to do that. As far as
putting them on a PIP right now, I think that's premature. We all need to uh have that uh do that evaluation and discuss. Um I don't feel it's the right time to do that. As far as his design when he's not here, there's a process in place. As
Councilman Herszburg said, he's been following it. I've been informed. Frankly, I haven't had any issue when he's out of town calling the designated manager. The response time is quick. I text, I call, they call me right back. I
have had no issues with the staff. So, I think it's premature right now. But again, this is something you felt strongly about and that's why you asked for the special call. I think we need to respect the fact that he was elect he was he was uh um appointed and trusted
to if he has an issue he wants to bring up he can bring it up and we can discuss. If we disagree we disagree but it's it's his right. Right. So let's respect the fact that he felt strongly enough to do that. Okay. We're not going to hold that against him for doing that. Um, but as far as at this point, I think
it's a little premature, but I think we all should definitely evaluate it. And when the contract is up or or about to be up, we should definitely consider all options, whether keeping the manager if he wants to stay or going out for bid or
trying to find other other choices. Again, we have time to do that. That's up to the council. We we'll do that. But right now, I believe it's premature. The last thing I want to say to the residents, when we win as a town, we win, we win together. And when we lose, we lose together. So if we feel the the
manager is failing in certain things, we need to look to ourselves as well as a council and say, did we do the good job? Did we express what we wanted to him? Did we give him the tools to succeed? So I think we all fail together, we all win together, Mr. Manager. Um, and uh,
that's all I have to say about that. But again, thank you to the residents for being here. Thank you uh senator for being here as well. >> Thank you, Councilman. Uh would you like to speak or >> All right. Who would like to go first? >> One of you guys have to pick. All right.
Councilman Fernandez and then the vice mayor and then we'll go back to Councilman Sanch for a rebuttal. >> Thank you, Mayor. Yeah, I I agree with a lot of things that were said in regard I I trust the manager. I I think he's competent. Um, in regard to the
designating of an interim manager, I I I give him full cart blanch. I think that so far he's chosen again executive staff. I don't see anybody that I don't feel comfortable being a an interim manager. Um, in regard to other duties,
I is he perfect? I I don't think anybody here says he's perfect. He has a bunch of staff members here. um we can almost see that, you know, he's wellliked with the staff, but also the the the town residents, which I think is more important than the staff. I think that
we expect the the the staff to to like him, but the residents, I mean, we we have a bunch of residents here that that feel that he's doing a great job. So, I don't see I'm not going to uh bring up
any item in regard to to uh whether or not he's doing a good job, whether or not he's I think he's doing a great job. So, I'll leave it at that. >> Vice Mayor, >> thank you, Mayor. Um, one of the things
that I'm particularly proud of in terms of what I've been able to accomplish since coming here is developing a reputation for telling it like it is and not really holding back my words. And as the manager, I'm sure, would attest behind closed doors. I don't use flowery
language. I'm pretty direct. Um, and I tend to tell him exactly how I feel behind those closed doors because that way we can polish out issues in time to come out here. Um, I say that because right now if I if it
sounds like I'm not making sense or I'm going in two different directions, it's because that is the direction my brain is going. It's going in multiple directions. Uh, on the one hand, I'm a very pragmatic person. I'm always looking for better opportunity. Um, I
let let me relieve some tension in the room because I can see it. I'm voting no on this item and I want to get to the reason of why. The reason why is because exhibit A. The reason earlier the mayor me uh sort of posed a rhetorical
question uh towards Councilman Sanchez as to whether or not he has additional items other than this issue of the succession uh or or in the event of the absence of the manager. Uh and Councilman Sanchez nodded his head up and down as though to say yes he does.
The reason he hasn't been able to bring those issues up is precisely because we are in a special call meeting. There was a different vehicle that could have been used. We could have just called a special uh I'm sorry, a workshop uh where we would have actually just been able to have a
simple open-ended discussion. Um if we had any grievances or any issues uh that we wanted to bring up into the open, we could have um and without the worry of Hey, there's going to be a vote at the end of this. Uh because as we all know
in a workshop there is no voting. It's just discussion and it could have been a a less tense environment. Um I think that that would have been I if if we wanted to have this in the open, which by the way, one of the things I've
always prioritized, I know Councilman Hsburg always has as well as have most of us here, um transparency. So, if this came from a transparency, having an open process perspective, 100% I'm with you. Uh, but I I think that the workshop
would have accomplished that as well. I don't fault you for the item. I don't fault you for um the the substance behind the item of wanting improvement for our town. I know I know you personally. I know you in this professional world. I know that there's nothing but good intentions behind this.
Um the the the part where I develop issues with it is number one as the former president of an HOA I understand the challenges of any turnover in management and that's at a much smaller
level going from the HOA to a municipal government that is a much smaller level uh than up here and as as great as I think our mayor is the the chaos that it would bring to him and to his administration uh and to you know his
policy priorities. Um it makes me question if we are going to implement anything that remotely can potentially result in a change of manager, it better be because we have a golden child as as
a ready to go candidate. Um the other part specifically as to this performance improvement plan and look some people came and said that they worked at very large companies and there's a specific procedure for when there's a performance
improvement plan. Um I I I'm not familiar with that world. I've never worked at a large company. I've worked at medium-sized law firms and then my own law firm. Uh so I'm not familiar with that with the etiquette I guess of let's uh have a discussion first and
then form a performance improvement plan. But what I do see here is the following and again we haven't had a chance to hear what else you have to say. Um but strictly on this issue of 3.4 of the charter with regard to the acting town manager. What I don't see is
empirical data that we could look at from point A to point B to say okay there was an improvement. we put you on a performance improvement plan and you improved and therefore you're good to go or you didn't improve and therefore you're you know strike one I guess I I
don't know um the other thing is the the charter I read the charter almost like a contract and then obviously he has his contract what the what the neither the charter nor the contract provide is for a
minimum time limit for um for notification. If worst case scenario, the manager loses his mind and appoints someone wholly unqualified to serve uh as the town
manager and we disagreed. That is grounds for a special call meeting with 48 hour notice. In two days, no one can topple our government, as bad as they may be. uh we have a great town staff who will you know ensure to guide that
person. Um but if he did leave us in poor hands within 48 business hours I think uh we could convene an emergency meeting and and revoke that that appointment. Um but again my my biggest thing on on this I I do fall back on
empirical data. Um I if you told me that ever since uh the town manager took over we've seen a reduction in how and in in enforcement of our of code violations. Okay. We
could say from here till from point A to point B we we need to see an X% increase in in code violations because we know that they're out there and they're just being missed. um you know examples like that of empirical data this is sort of
subjective and and that in in the world where I come from contracts you don't have a lot of room for subjectivity it has to be objective uh otherwise then we get ourselves into troubling grounds um I would recommend
and again I'm I'm eager to hear the other issues um but for me uh When I see this, I just think it's we tried you you you tried to call a special call. I actually don't
necessarily agree that special calls are only for emergencies. I I think that if there's a a pressing issue that maybe warrants its own meeting, it should be called. And that is why I supported your call for this meeting because as I stand up for the residents free speech and I I
everyone knows I once brought an item on the agenda as my item that I did not support because I sometimes believe issues need to be aired out up here on the dis and given their fair consideration just like that. That's why I'll support this and I'll support any of you who call for a special call. if I
am if my calendar says I'm available, I'm just not going to say no. That's just a fact of the matter. Um but yeah, in the absence of you know something else that you bring up where there's empirical data to look at and to show a you know that we can say from here to
there there was uh uh true improvement. I don't really see how we can set up. There's no metric that he could potentially reach. And I'm not about to. And to be very crystal clear,
the manager and I have had a lot. And I know we all we all say the manager and I have had a lot of disagreements. And he and I both have great tempers, but but at the end of the day, uh I'm not going to set him up for failure. That I won't do. Uh and and I think that
when we base our metric on a subjective that is setting him up for failure and that I won't support. Uh so that's just my comment at this point. >> Councilman Sanchez, it's not temper, it's passion. >> Right. Right. >> Okay. >> Councilman Sans for rebuttal.
>> So the first topic I want to touch on is the designate. I have never had an issue with who he has designated. For me, it's the lower level, the foundational level where we are meant to have the opportunity to vote, but with the time
restriction of us being notified as to when he's going to be out of the office. For example, I am aware because of a request that I made to the town manager of his availability in order to schedule this call meeting while he's in town that he is going to be t out of town
very, very soon. I wouldn't be surprised. I'm saying this now, so the email will probably come sooner, but usually the emails that we get that's going to he's going to be out of town is the late afternoon before the day he's going to go out of town. And
it's usually uh it's Thursday afternoon, 4:30 in the afternoon. I'm leaving Friday and I'll be back Monday or Tuesday. Not allowing us enough time to say or to to even call for a meeting to say we don't believe that this person, it's not about the person that he's
selecting. is allow us the opportunity per the charter that if we want to vote, we can vote. I have no issues whatsoever with who he selects at this time. But I'm just looking at it from the devil's
advocate perspective. What if one day we do want to vote and we don't have that opportunity? That's where where I'm coming from when it comes to the terms of this is the the the what's being take taken away is the opportunity for us to vote. Mr. Mr. Mayor, with regards to the special call meeting and the time restriction, there
is a time restriction for this because I want to be able to turn around and give the town manager an an outstanding review come February, but these are things that I would like to see improve and and I don't know if any of my colleagues have things that they would like to see improve up as part of this
plan that by February we can give them a resounding excellent a five out of five because based on the document that we have, I already have the blank template for the review that's going to come up that we have to do between January 1st and January 31st of next year because
his anniversary date is the first. But these are things that I would like to see improved upon so that I can give them a five out of five. That's the purpose to me of the performance improvement plan to fill those gaps. Now turnover at no point is on the table. I'm not and I said it at the beginning
of this meeting and I will repeat it again. I am not looking to terminate. I am looking to betterment like we said we are or like I said earlier we are a newer council later on this month we have our 11th and final meeting of this
year so we've been here for a year pretty much I understand that there are circumstances from past councils that can create quote unquote PTSD you know but we are not that council we these are just some of the improvements that I want to see I just brought up the one
because right now I'm still on the charter but there are other things that I that I am going to bring up. A second thing that I'm going to bring up is has to do with on his contract. >> Just for the record, I would say take the take advantage now to go ahead and put everything out there because, you know, if that's because if that was
going to be the only thing, then I was ready to call the vote. But yeah. >> Okay. Okay. Based on the manager's contract section 1.2 Okay. The town manager shall carry out all lawful policy directives of the town
council including implementation of the town strategic plan. There have been times where we have voted on items and have passed either 43, 52, 661 or even unanimously that as time progresses and we ask for
feedback on the item, at least for me, I've received the feedback that in order to not delay the process, we are not pushing forward with the new business item that was approved. I my response to that was this was
something that was passed by the town council not by me and you you know you can you cannot just make the decision of I'm not going to do this. It was brought brought to his attention and because of that the next step was taken. Unfortunately that item
at a higher level did get declined but it is out of the town town's hands at this at that point when it already when it was declined. However, for us to sit here and say we want that we want this to pass and not have it happen based on
an exa on a decision by our executive to me was not the right thing. Additionally, there are times where in our at least in my individual briefings, there's an item that I brought up and when I brought it up, the direct response was that's not how we do things
around here. It was not an illegal request. It was a legal request. These are things that are part of it's not part of the contract, but it defeats what we are trying to do or at least what I am trying to do for the
betterment of the residents of the town. It's a program that thankfully, you know, I I did introduce and it did pass and we even received feedback from residents from the staff already. But these are the small things that it's the things that we are told we cannot do.
Even though there's nowhere on any document that states we cannot do it. That is not a measurable. It's just a change in in attitude towards the things that we are trying to introduce. If they're illegal, they're illegal. But if they're not, let them go. They they come
to the deis. We bring individual ideas, but we vote on them as a collective, as a as a council. If they fail, they fail. If they pass, they pass. and the manager takes direction on that. But something that is measurable is allow us to bring the items that we br
that we want forward and allow us to at least have a chance to vote on who is going to be the person that is going to be the designate as a foundational thing. Once again, I am not against anyone that he has placed as a designate while he is out of office, but allow us the opportunity that is given to us by
the charter to at least vote if we don't agree. >> Mr. Sure. >> One second. >> Councilman Sanchez still has a floor. >> Now, Vice Mayor stated that the PIP should already be done and and
introduced as the way it should be. But that is the purpose of this meeting is to introduce is to create the PIP to put what we want to see improved upon. Not just what I want to see improved upon, but what all of our colleagues because I cannot tell the town manager this is what I want you to do because we cannot
do that. We as a body need to do that. If it passes, then we'll tell them this is the things that we want to see improvement upon between now and review period. So that way, at least from my perception, we can give them that five out of five.
So that is, you know, oh, another thing in section 1.3, this actually has a little not much to do with me, but it does have to do with the town manager. The town manager shall provide the town council with a monthly report that shall includes include a list of directives from the town council
and the status of the achievement of the same. So our new business items, we're supposed to get a report. The report started coming in August after the vice mayor had to create a new business item dictating that he wanted that document that we approved. That new business item should have never been created because
it was already part of the contract. So this is already done, but these are the the nuances within his contract that are falling short and I want to see him fill those nuances and fill those gaps to be able to achieve that 5x5. Those
are the things that I have to bring to the PIP if anyone else has any input. >> Sure. And uh before we go back to Councilman Garcia, I actually had wanted to say uh to add to this too and Councilman Sanch, I understand what you're saying about 3.4 for it's a foundational issue. It's not an issue
that you had with everybody. But my point is by bring by bringing up what I did that I have had no issues with who he's appointed that they've all been executive level therefore more than capable and at a in my opinion at an appropriate level to step into the shoes
of the manager. Um I think that ultimately means that it just it's not something I'm worried about happening in the future. Right. So, you know, I I you know, if it was a different manager who was, you know, giving me cause for concern that there would be an
unqualified appointee, it'd be a different story. I would want I would be more adamant about in the same way that you are about, you know, sticking with that. But in the absence of that, I view that as a minor technical issue, right, or violation. And as the attorneys up here know, um, you know, there is the
concept of waivering contracts, right? you know, so you know, if we're not strictly, you know, uh, enforcing that, then it's basically our acquiescence to, you know, to allow the the minor violation in this case, you know, to occur because, you know, we were in
agreement in essence with it, right? You know, obviously this is the first instance where, you know, one council member has raised a disagreement with the timing of the notice, but at least again, I think that's because most of us are pretty confident that he's not going to leave us with somebody who is incapable of carrying out his functions
in his absence. Uh, on the issue of 1.2, too. Um, I think those are very serious points that you need that you've raised, but I think you would need to elaborate more specifically if we're going to be uh, you know, to go ahead and go further down that as an issue that needs to be
addressed through the PIP. Um, so, but you know, but again, as I mentioned at the top of my remarks, I'm not a fan of airing out a dirty laundry in public. Um, special call meeting or a workshop. I think those are better addressed with the manager. Also the problem that that
I see with the PIP in the first place is you have seven different viewpoints on what the manager should be doing and what he shouldn't be doing. Right? So that you know makes it very difficult for everybody to agree to what should be in the PIP. And then what happens if something makes it into the criteria of what should be in the PIP that one
person objects to right is that really you know a you know like that to me becomes problematic right you have seven different views about how he should or is doing his job and so that's why I say it is better to raise your individual concerns directly with him and if there
was a a major issue that later arose that still was not corrected then to deal with it then and the the per the performance evaluations that we currently have that are available for us to fill out are one way that each individual member of the council can voice this is what I want improved in advance and it creates in essence a PIP
because it's like hey this is what I'm not you know okay with in terms of how you're performing your work and by the time the next anniversary comes around it's like listen I've already you know I put this in my evaluation last year you haven't addressed it or maybe I it was in the last two evaluations I did you
haven't addressed it so that to me is is the way to go ahead that that you establish a pit basically Hey, I told you that this was a deficient aspect of your performance and you still haven't dealt with it. Right? So, I think we already have the mechanism as I said earlier to go ahead and do this without
this new uh version of it. Now, I would like the manager and I'll come back to this to address maybe he has recollection of what this uh not how we do things around here remark. Um I know in the past, you know, he and I ourselves, you know, he yes, he has stated, well, that's not how we've done
things in the past, whatever. But that was I never took that as a as a you can't do this, right? You know, and yes, staff is always going to be more conservative in many ways with with you know, how they approach doing things is especially if it's not familiar to them, but that's on us to go ahead and move
the ball forward. Uh but I would like him to respond to that at some point. But um the last thing I wanted to bring up is the 1.3 and the afteraction report. I I get what you're saying, but again, I also view that as a relatively small thing. I think ultimately, you
know, it's on us to, you know, for for this, right? You know, to go ahead and stay on top of him and not just him, but on staff, you know, one of the the prior mayor, one of the the the good pieces of advice he gave me was that, you know, it's up to us to advance our items,
right? We have to stay on top of them. We have to, you know, make sure that we're always advancing them, you know, because it's our item at the end of the day, right? you know, too many people have this tendency to say, "I passed it and now, you know, it's in staff's hands and they kind of just set and forget it, right? It's up to us to continue to
manage that over and over again." Now, I'm curious if the vice mayor had actually addressed that with the manager before because maybe he didn't need to use the MBI. Maybe if he had spoken to the manager about it in advance, you know, he could have dealt with it before the MBI was even introduced. So, I don't I don't know the answer to that. I
guess, you know, maybe we'll get that. But again, I just still do not see the need for the personal improvement plan as it stands because we already have a PIP option as it were, which is to fill out the yearly performance evaluation and then each year to determine whether
or not they have satisfied our our issue. He has satisfied our issues or not. Um and and again, so I just don't see this and actually to the vice mayor's point, creating a PIP now almost makes it seem like if his job might be in danger. um you know so and if that's
not the case which it seems as if that's not the case then why are we doing this it would be my thing but Mr. man, can you address that issue of of the not how we do things around here? Do you recall that conversation? >> I have no idea what that is about. Um,
so a lot of the things that have been said are really abstract, right? They're not specific and it kind of goes against the spec specificity of the memo, right? The the memo was specific and I almost
feel like there's a little bit of bait and switch. So, I could not prepare in advance for something that I didn't know of. Right. So, if you give me specifics on what happened, I can go back. I can look at my records. I can, but I don't recall ever saying that's not the way we
do it around here, but I don't know the context of the conversation, right? So, I don't know what that was about. Um so that uh with regard to 1.3 we had always and I think that is what exactly what was done before me right
1.3 the the satisfying of that provision always was the manager's report right so in 1.3 it doesn't say include a list of all directives from the council and the status it it talks about achievement right so 1.3 the manager's report in the
um in the agenda is where we bring directives and we give you updates and we give you you know either complete that something's been completed or we give you significant status updates and so forth and that's always the way we treated once the direction clear
direction from the council was to give us a report on every single NBI or outstanding item. My pleasure more than happy to do it. We we had recommended monthly. Uh the vice mayor then said he would prefer uh every two weeks. We've complied with that and we have no issue.
Obviously there's nothing to hide. So we get updates uh at our uh monthly afteraction report at the conclusion of every council meeting. We have an afteraction uh meeting with our executive staff and senior staff and then we update that uh that spreadsheet.
And then midmon we also get updates from coun uh from the uh staff and then we provide you a secondary update in the middle of the month. So that has always been treated. The monthly report has always been the manager's report and it's really only things that there's a
significant update or a uh completion, right? That this is this is the end. This is a final report and we give you those updates at the council meetings. Um be because it's never been uh considered that it was what the this item referred to every single all
directives, but once you gave us that direction, we were more than happy to comply. Is there anything else you you want to say before I go to Councilman Cuadra Garcia and then to the vice mayor? >> Not right now. I think that there's some things that I I'd like to address, but at some point before the end.
>> Okay. So, going to our second round, Councilman Cuadra Garcia and then Vice Mora. >> First thing I want to say to Councilman Sanchez, I commend you. I I I I I I
thank you uh for bringing this item up and for speaking up for whatever you feel. Folks that don't know me, I don't use Harvard or Stanford vocabulary or Yale vocabulary. I give you simple
English is what I speak. Okay. Um, and it's good that we're here in this forum because I need to make sure that moving forward in my next three years, I'm going to tackle. Everybody can laugh. That's fine. You know, that's, you know,
they've laughed at me before. A lot of people here don't respect me. But you know what? It doesn't matter. Who I have to at the end of the day is the constituents. Those are the ones that are watching. And that's the bottom line. Let me make sure that I clear myself, okay? Because I have three more
years that I have to make sure that I have to take care of what I started and that's the sidewalks. We have the most destroyed sidewalks. I just got back from South America and I went to the worst parts of South America and we don't have we have some real ugly
sidewalks and we are supposed to be the beautiful Miami Lakes. Now I'm going to challenge and take on our uh beautiful not beautiful our we have the most ugliest swale area sir so you are aware of that actually I'm going to yes it is
Mr. Uh, I've I've got pictures. So, in my next MBI, I'm going to bring them. So, what I'm trying to say, I've got to go to work. I'm two hours late. Um, is this. How am I going to work moving forward? And by the way, we're not
setting you up for failure, Mr. Manager. I just want you to understand that since I've been here, this is me speaking. Whatever our colleagues want to say, I'm talking from the heart. moving forward.
Okay. I have to get my job done. So, whenever you're perform when I ask you for something and I don't get it, I'm going to go to the manager to the mayor. I'm going to have a special call meeting. I can't be like a child. I have to be able to work with you. And that's
what I want to see because I've got a job to do. I didn't come to this job for fame. If I would have wanted fame, I would have stayed in Miami Vice. Okay? So, that's what I want you to make sure you understand. I speak clear.
So, I want to see when when I ask you to get something done, we need to rip another thousand uh Brazilian pepper trees. Whatever it is, let's work together. Don't give me excuses. I want results. I don't work with excuses.
Thank you very much. >> I do have a question though before I yield to the vice mayor. You keep mentioning other excuses, but yet I have not heard which specific excuses >> on my MBI. I will right now >> we're talking right now about how to
improve his performance. This would be the time to go ahead and raise that issue. >> The performance is that when I when I give him an an item and we're let's say I'm talking let's use the Brazilian pepper trees, okay? I want him to tell
me, "Let's do it." Whatever. I'll even I'll even bring the the resource to get the machinery if we need it. I don't want him to give me an excuse. Well, I've got to go to Florida Wildlife or I've got to go to, you know, no, let's
get it done. >> That's not how it works. You got, you understand, and you know, I may not have got >> We just took care of uh 40 or 50 of them over at Barbara. >> Yes, we did. after speaking to South Florida Water Management District and the county and the other jurisdictional
entities that also have some say as to what happens on that embankment. Right. It just so happens that uh that he and I have become good friends with some members of the South Florida Water Management District that he was able now to directly deal with them to get some of those approvals. Um but the point is
you got to remember, right, we're in government. This isn't the private sector at the end of the day, >> right? It's not just as simple as saying, "I want that done. Go and do it." That's not how this works. The way it works is when you're talking about bids, right? Because I know you've raised this issue before. I can get somebody to repair this sidewalk for
half the price. That's not how this works. There has to be a competitive process for for that work. And the whole point is to avoid corruption and favoritism, right? And so some people don't want to be part of that process, right? Some people can't meet the standards it would take for a town of our size you to meet the insurance
requirements or whatever other requirements we have to get it done. And on top of that again, so you you have just have to understand that we are in government. Those aren't excuses. That's him telling you what are the obstacles to getting it done right now. But that's not him telling you he won't do it,
which is a very different thing or that oh, we just can't do it. It's just that it's going to there are the obstacles and the challenges that we have to overcome in order to get from point A to point B. So all I would ask of you is just to have some more patience with that and to understand that just because
he says, "Well, I can't just jump and go and do that, right?" That it's not coming from a place of saying, "No, I'm not going to do that for you or I'm not going to do that." That's not what's happening. And so that's what I just want to be clear on. Uh Mr. Vice Mayor, >> thank you, Mayor. Uh I only wanted to
just briefly uh clarify something that was mentioned earlier regarding a new business item that I brought up. Uh if you'll recall, the way in which that item was brought up originally before it was amended. It was actually to create a new item on the agenda. It wasn't
necessarily specifically a jab at the manager. It does specifically state that sometimes items fall through the cracks and stuff like that, but it was primarily an item uh aimed at us and at transparency because, you know, we
sometimes get residents who say, "What are you doing about this?" Well, they would have been able, had it not been amended, thanks a lot, uh, they would have been able to just look at the agenda and seen, oh, hey, this is the status of that item that already got brought up. It wasn't primarily an
enforcement mechanism against the manager. That's not what it was. >> Remember, efficiency, no drama, and avoiding unnecessary meetings. That that's those are the three parts of my ethos as mayor. Uh, here uh, Councilman Herszburg. >> Thank you, mayor. And forgive me because I'm a big of a tetrilist, as you guys
have learned on the charter. I don't even think what the councilman's asking we can do. The charter says this is what the manager can does. We can't create some uh something that's that goes against the charter. The charter has the procedure. The charter says upon first of all I think this is more about his
absence if you look at the intent but a longer term absence regardless. The charter says upon his absence, he'll notify us and then if we don't like it, we can call emergency special call, but we cannot create a procedure that goes against the charter because making him do something that the charter says
doesn't have to happen, I think, is is a violation of the charter. So, I I understand the concern and you're right. Sometimes we do get those emails the day before and the day after. I mean, not day after. Never the day after, a day or two before. I understand that. But
create just creating that in my opinion and I you know Lorenzo will will know how I read some things. Uh I think the charter I think it would be against the charter to begin with. >> You only think he can read some things. You know >> my I'm a textualist on these type of
things and me and Renzo have gone back and forth. >> Just trying to introduce some levity here. U again we're in our second round. Councilman Garcia and Councilman Fernandez. Do you guys have anything else to add? Except I'd like to just call for the vote, actually. >> Okay. Councilman Fernandez, anything?
>> Okay. So, with Do you have anything you want to say or All right. One final thing from Councilman Sanchez and then we'll call for the vote. >> Um, Councilman Herszburg, nothing to do with attendance, but the charter does dictate that we have the opportunity to vote. Considering the 48 hour
requirement, if he tells us on Thursday afternoon at 4:30 and at 5:00 one of us sends the request for a special call meeting that based on what the mayor says, he would not vote in favor of, it would make the meeting on Tuesday afternoon
at 5:00 p.m. because of the 48 hour requirement or Monday afternoon. >> And if I may, Mr. Mayor, I I agree there's an issue there and we have we're talking about charters. I think you would have to amend the charter. That's just my my reading of it. I agree. I I don't love the way it hap it works, but I do think you have to mend the turd and
I agree with the vice mayor, I'm fine with special calls as long as, you know, people are available. But, um, I just, you know, reading it strictly, I think if we told the town manager he has to do this and this and we have to approve it, I believe we'd be violating the language
of the charter. And that's just, you know, my legal quote unquote opinion, right? But I I agree that we maybe there's room to fix it and that in my opinion would require a charter revision because that's what the charter says. >> Okay.
>> All right. With that, um, Councilman Sanchez and then, uh, I guess the manager would like to say some parting rem or not partying remarks, that's the wrong wrong term. Some final some final remarks and then we will call the vote. But Councman Santis, go ahead.
>> Okay. based on based on the fact that I was the only one that brought ideas of things that we can add to the performance improvement plan such as section 3.4 and section 1.2. I am going to move to withdraw the
performance improvement plan and not call it for a vote. >> No, but remember that once it is moved and seconded, it belongs to the body. So, we either have to move to table it. So, are you moving to table indefinitely? >> Yes. So, I'm moving >> I'm moving to table indefinitely. >> Excellent. It's been moved and seconded.
All those in favor say I. I. >> Oppose. No. >> All right. Unanimously. The eyes have it. The the item is laid indefinitely on the table. Um, Mr. Manager, do you want to say anything in closing? >> Nope. I don't want to What do they say?
Uh, grab defeat from the jaws of victory. >> Yes, exactly. Or look a gift horse in the mouth. So, with that, why don't we take a a a fivem minute recess to allow uh those that are here on this item to exit before we move on to item 7B. We'll
come back in 5 minutes. It's 8:20, so we'll come back at 8:25. >> This one should take three minutes to do. >> This one should take three minutes to do. that as quickly as possible. So, if the council can please return to the deis and if everyone can please take your
conversations outside chambers, I would greatly appreciate it. Thank you very much. All right, we are now on item 7B, discussion of the charter revision commission and potential appointees by
council member Sanchez. Council member Sanchez, you are recognized to introduce the item. >> Okay, this is straight and to the point. A little bit of background. In accordance with town charter section 7.4, Four, the charter revision subsection A states at its first regular meeting in December 2005 and thereafter
every 10th year commencing December 2015, the council shall appoint and fund a charter revision commission, otherwise known as the charter commission. The charter revision commission is established every 10 years to review the town charter and recommend amendments or updates for the town coun for council
consideration and potential voter approval. The recommendation is since as there is no regular council meeting scheduled for December, I it is recommended that the council act during the November regular council meeting to establish the charter revision commission by resolution and appoint all
seven members at that time. Taking this action in November will ensure compliance with the timing requirements outlined in the town charter and maintain consistency with prior charter review cycles. So I move that for the
November regular council meeting a a resolution is present with all seven appointees within that resolution. So this is just a reminder to everyone to please have their person ready for the November meeting. >> Well, I'll second it for discussion, but uh again, I do think that the manager
was already in prog process of working this out. Um I believe the way and madame clerk, you can probably provide more insight on this since you were here at the time. Um, but if I'm not mistaken, the way you normally prepare that resolution is you leave it blank by
where the coun the appointed council member is at and then the council member names their choice at the meeting and then you add it to the resolution and that's how we handle it same day. >> That's exactly what we did 10 years and that's what I do every month. You know, the roll call is completed a few days
after the regular council meeting and that's when we execute resolutions or ordinances. But I recall that um for the 10 years ago, that's what we did in the November meeting. >> Yeah. That you leave the appointment blank uh and then you fill in the name as you go along.
>> Absolutely. >> Understood. >> We call for a second meeting. >> Uhhuh. >> There's a second meeting. You stated there's a second meeting after the November meeting. >> Well, if it's a resolution, there should not be a second meeting. >> Yeah. This is a resolution. It's not an ordinance. >> So, what we did last time is that you all one by one read into the records the
name of your appointee. and then I filled in the blanks. That's what the mayor is saying and that's what we do every month. >> Yeah. But I think I think uh what what Councilman Sanchez I think he just hit it at the end there what it is that he wants to do is just to make sure that everyone is cognizant that by the
November regular council meeting we need to go ahead and have our appointees in place. So I hope you're all thinking of who you want to appoint. Um you know and remember it's for the November 18th right the November 18th regular council meeting. Madam clerk, I saw your hand up
there. There was something. >> Yes, I think I've shared with the manager and maybe perhaps with another council member that um asked this question in writing a few weeks ago, but um I want to share with everyone. Yes. And Raul, you can help me as well because you were part of this an
important part 10 years ago. >> I have been on every one of them either as a member correct or as the attorney. We do remember that it was in November and that there was a preliminary meeting that took place early December and I was
looking at my records uh last week. We um after that council meeting, I sent an email out. I think you were in that email as well. Um asking the appointees to come to the town so that I can swear them in right before the preliminary
meeting that we had. I want to state that it was like the first week of December because everybody was in holiday mode. So it was like December 5th, December 6th. They met in the community conference room with the town attorneys. I was there. Um and that's
when they brought their calendars and you set like the the rules of the game. Yeah. >> So that they I think we had six or seven meetings. I took notes earlier that I can share for the benefit of all of you. >> Yes. you you explained that meeting was
like two hours long. It was a very beneficial meeting. Um so that I'm hoping that this happens again early December. It will >> you set the calendar so that when they all depart that night they have set the calendar of the meeting so that there's
no stress about I cannot meet quorum. >> Um you set the rules. >> Yeah. And the organizing meeting. Yeah. The organization meeting. >> Um >> because they they have to elect the chairman and things like that. There's a bunch of things they have to do. >> Yeah. And and organize themselves. All right. If there's no further Okay,
Congressman Hersburg, >> sorry. And this is me, you know, looking at the charter again. Um I I shared with the clerk a concern is that the timing of the commission, they have to actually make decisions very early. It has to be very quick because it's if we want it on
the November uh ballot, there's only for a certain amount of months. >> We have to what we do is we work backwards. In other words, if you want the if you want this on the November ballot, then you have to have you have to be at all these meet all these time parameters, including
>> and you'll see it later on in the charter when they decide something. >> It's for us or for you as a body to pass it on, but you really can't accept it or reject it or anything like that. >> But there is the option to select whether we want a special u mailin
election or if you want the November. That is that is the one. That is your purview, >> but what they decide to put on the ballot >> goes on the ballot. >> Yeah. The substance, >> right? So, but I always try and >> by the time we meet
>> with them, I try and get them a schedule of if you if this is the timeline you want to meet, you've got to be done by X date so that it can be on the ballot, it can do this, it can do that because there's ballot language, there's all kinds of stuff that has to happen. Uh, >> so mayor, if I can also add because the
question that council member Hzburg asked a week ago immediately, I reached out to the elections department so that I can provide you an accurate response and they did immediately. Um, if a municipality is to
submit charter amendments or any other questions and you want this to be part of the general election and November 3rd, 2026, the deadline, we cannot pass July 24th. >> Right? >> So, that's what I think the town
attorney was trying to explain. We did that 10 years ago. We move backwards. And just for educational information that I thought it was important to share with you all, the previous charter review commission met three times in
January, three times in February, and the last meeting was March 14th. >> Why? Because it was a mail-in ballot. They chose to go that route. And the mailin ballot, if I'm not mistaken, was May 17, 2016 or around that period.
>> I guess the question, who chooses the mailin ballot? Is it the commit? We do. You do. >> So, that's something we want to think about maybe next month. I mean, I don't know how much a mail-in ballot cost. I think it >> Well, back in the day it was $28,000. >> Well, I think it also depends uh a on it
depends on a variety of factors, but you should be in consultation with your appointees as we were back then. um you know to go ahead and have the discussion early on. >> There was a there was a reason why we had to have such an expedited schedule back then.
>> I don't remember. I think I know what it is, but let's just move on. >> Yeah, >> now that I'm thinking it out loud, I think I know what it was and >> understood. Um Councilman Sanchez or you had any Councilman Sanchez, >> the we're going beyond the scope. I just
wanted to remind everyone to have their names ready in two weeks just in case it wasn't in the forefront of your mind to have the names ready for the November meeting. >> Got it. All those in favor say I. I. All oppose, no. The eyes have it. The motion carries. There being no further business, we we are now adjourned at
8:35 p.m.