[00:00:10] >> THIS IS THE APRIL 6, REGULAR MEETING OF THE CITY COMMISSION. WE ARE UNDER COVID-19 MEETING RULES WHICH MEANS YOU MUST BE WEARING A FACEMASK, YOU MUST BE SOCIALLY DISTANCED AND THERE IS NO STANDING IN THE ROOM. ALBERT RECOGNIZE WE DO HAVE SEVERAL PROCLAMATIONS, SO IF YOU ARE HERE FOR A PROCLAMATION, IF YOU WOULD GATHER IN ONE AREA, WE WILL ALLOW YOU IN THE ROOM WHILE THE PROCLAMATION IS READ. MADAME CLERK, IF YOU WOULD CALL THE ROLL. (ROLL CALL). >> SOME HOUSEKEEPING ITEMS FOR PERSONAL DEVICES, PLEASE HAVE THEM ON AIRPLANE MODE OR TURNED OFF DURING THE MEETING, THANK YOU. THE MEETING WILL BE CONDUCTED WITH DIGNITY AND RESPECT FOR ONE ANOTHER. AS I MENTIONED, WE ARE UNDER COVID-19 PROTOCOLS, SO PLEASE KEEP YOUR MASKS ABOVE YOUR NOSE. I KNOW THAT IS DIFFICULT WHILE TALKING, THEY COME DOWN BUT WHEN YOU FEEL THAT, PLEASE PULL IT BACK UP. I APPRECIATE THAT. VICE MAYOR PLEASE LEAD US THROUGH THE PLEDGE AND THEN REMAIN STANDING FOR THE INVITATION BY STANLEY PALMER OF O'NEIL MEMORIAL BAPTIST CHURCH. >> I PLEDGE OF ALLEGIANCE TO THE FLAG INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. >> IS REVEREND PALMER HERE? I DO NOT HEAR HIM. COMMISSIONER, WILL YOU DO THE INVOCATION. >> WE ARE THANKFUL FOR THE FELLOWSHIP. WE APPRECIATE THE THOUGHT THAT YOU GIVE US TO GATHER AND LOOK AT THESE ISSUES THAT COME BEFORE US PLEASE GRANT US THE WISDOM TO DO THE RIGHT THING AND MAKE THE RIGHT DECISIONS. >> WE HAVE OUR VIEWING SOCIETY ADOPTION. [4.1 PRESENTATION - NASSAU HUMANE SOCIETY] SO IF YOU CAN COME TO THE PODIUM, STATE YOUR NAME FOR THE RECORD AND YOUR VISITORS NAME. >> THIS IS AUGUST, HE IS ALSO KNOWN AS FRANK, IT WAS ADOPTED A FEW YEARS AGO. HE WAS ADOPTED A COUPLE OF YEARS AGO AND WAS RETURNED. HIS OWNER WAS NOT ABLE TO TAKE CARE OF HIM AND NOW HE IS BACK. THAT IS THE FIRST TIME I HAVE HEARD HIM BARK. HE PLAYS WELL WITH OTHER DOGS AND KIDS HE DOES WELL WITH EVERYONE HE IS A WELL-ROUNDED BOY. >> HOW OLD IS HE. >> HE IS 2-YEARS-OLD HE WAS ADOPTED AS A PUPPY. SO ANYONE INTERESTED IN ADOPTING FRANK OR TAKING HIM FOR A DAY, FOR A TRYOUT. >> WE HAVE THREE PROCLAMATIONS AND VICE MAYOR IF YOU WILL JOIN [4.2 PROCLAMATION - CSM TERESA V. KING] US FOR THE FIRST PROCLAMATION. >> HERE IS OUR PROCLAMATION, THANK YOU FOR YOUR SERVICE. IT IS WITH GREAT PRIDE AND HONOR, THAT THE CITY OF FERNANDINA BEACH, FORMALLY RECOGNIZES, RETIRED UNITED STATES ARMY COMMAND SERGEANT AGENT, TERESA OR HER HIGHLY DECORATED MILITARY CAREER. WHEREAS, MS. KING, IS A MANY GENERATIONS LONG FERNANDINA [00:05:07] BEACH NATIVE. HOW MANY YEARS? >> SEVEN. >> SEVEN. BORN TO LOVING PARENTS MR. AND MRS. JOHNNY KING SENIOR, RAISED WITH DEEP REVERENCE FOR GOD AND COUNTRY, MRS. KING UPON TURNING 18-YEARS-OLD, ENTERED MILITARY SERVICE IN 1974. WHEREAS, MS. KING'S MILITARY ACHIEVEMENTS, MAY ONLY BE CATEGORIZED AS REMARKABLE. IN THE 1970S, AFRICAN-AMERICAN WOMEN, SERVING IN THE ARMED FORCES WAS NOT COMMONPLACE. COUPLED WITH KEEN ABILITY AND SIGNIFICANT COMMAND COMPETENCIES, MRS. KING QUICKLY ROSE THROUGH THE RANKS, BASED ON EXEMPLARY PERFORMANCE. WHEREAS, COMMAND SERGEANT TERESA ERNST COVERED IT ASSIGNMENTS ACROSS THE UNITED STATES AND ABROAD INCLUDING, THE REPUBLIC OF KOREA, ITALY, BELGIUM, AND GERMANY. HER ROLES TO NAME A FEW INCLUDED DRILL SERGEANT, DRILL SERGEANT INSTRUCTOR, BATTALION AND BRIGADE SUPERVISOR, PERSONNEL SUPERVISOR, SERGEANT FIRST CLASS, FIRST SERGEANT, BATTALION COMMAND SERGEANT MAJOR, AND MILITARY TRANSPORT OPERATOR. AND WHEREAS THE COMMAND SERGEANT MAJOR KING LEARNED THE FOLLOWING RIBBONS, BADGES, MEDALS AND AWARDS. THE LEGION OF MARY. THE SERVICE MEDAL, THE ARMY COMMENDATION MEDAL THE GOOD CONDUCT MEDAL. THE DRILL SERGEANT BACHELOR PROFESSIONAL DEVELOPMENT RIBBON. OVERSEAS RIBBON. SERVICE RIBBON. HUMANITARIAN SERVICE RIBBON AND WEAPONS, QUALIFICATIONS SHARP SHOOTER. WOW. WOW. WHEREAS MISGIVINGS DEDICATED SERVICE IS PART OF AN UNBROKEN CHAIN OF COURAGEOUS PATRIOTS WHO SERVE OUR GREAT NATION WITH HONOR AND DISTINCTION AND WHO DEFEND OUR WAY OF LIFE WITH INTEGRITY AND COMMITMENT. AND RESPECTFUL RECOGNITION OF THE CONTRIBUTIONS, MS. KING MADE TO ADVANCE PEACE AND FREEDOM, IT IS OUR DUTY TO RECOGNIZE THOSE WHO HAVE SHOWN, COURAGE AND SELFLESS SERVICE TO OUR COUNTRY. NOW THEREFORE I BY VIRTUE OF THE AUTHORITY VESTED IN ME AS MAYOR OF THE CITY FERNANDINA BEACH, FLORIDA, I DO HEREBY HUMBLY THANK COMMAND SERGEANT MAJOR TERESA V. KING AND PAY HOMAGE OR WILLINGNESS TO HONOR THE CALL OF DUTY FOR HER UNWAVERING LOVE OF COUNTRY. THANK YOU SO MUCH. IT TOOK 15 YEARS FOR ME TOO GET THIS. I HAVE BEEN RETIRED 15 YEARS THAT I CAN STILL FIT INTO THIS. FIRST OF ALL, I HAVE TO GIVE THANKS TO GOD. I HAVE TO. I DON'T NEED TO SAY ANYMORE. I HAVE A FEW THINGS I WANT TO SAY. >> TAKE YOUR TIME. WHEN KIDS COME TO MY HOUSE AND THEY WANT TO SELL THEIR CANDY AS A GETAWAY FOR MILES. I THOUGHT I WOULD DO THINGS THAT I NEVER THOUGHT. MY FIFTH-GRADE TEACHER WHEN THEY [00:10:06] INTEGRATED THE SCHOOLS I WAS IN THE FOURTH GRADE. MY TEACHER IN THE FIFTH RAY TOLD ME WOULD NEVER AMOUNT TO ANYTHING. LOOK AT ME NOW. I CARRIED THAT WITH ME, EVERYWHERE I WENT. THROUGH EUROPE AND ASIA. THAT WAS MY MOTIVATION. MY PARENTS PUT THAT STRUCTURING ME. MY PARENTS TOLD ME YOU CAN BE ANYTHING YOU WANT TO BE. I SAVED YOUR HERE IN FERNANDINA, FLORIDA, SMALL-TOWN USA. YOU HAVE DISCIPLINE AND LEADERSHIP THAT YOU NEVER KNEW YOU HAD. WHO KNEW, WHEN I FIRST GOT MY FIRST BATTALION, ( INDISCERNIBLE ) HE SAID HE WANTED TO GO TO SCHOOL. I SAW HIS POTENTIAL. I SAW THE POTENTIAL AND THAT SOLDIER WENT TO SCHOOL. WHEN HE MADE SERGEANT UNDER THE WEIGHT GO TO GERMANY. TWO MONTHS LATER I WENT TO GERMANY. WE WERE ON DIFFERENT SIDES BUT WE'VE MANAGED TO SEE EACH OTHER. HIS WIFE AND TWO KIDS WERE NEAR MY HOUSE. ( INDISCERNIBLE ). [4.3 PROCLAMATION - WATER CONSERVATION MONTH] >> THE NEXT PROCLAMATION IS WATER CONSERVATION MONTH. >> THE DIRECTOR WAS SUPPOSED TO BE HERE TO GET IT BUT IF NOT I CAN DO IT. >> I WILL GET IT TO THEM SIR. >> YOU GET IT TO HIM. >> RUNNING CENTER, DON'T BE BASHFUL. [4.4 PROCLAMATION - MUNICIPAL CLERKS WEEK] [00:15:29] >> WHEREAS, IN THE UNITED STATES AND ABROAD, THE MUNICIPAL CLERK HAS EXISTED FOR CENTURIES. IT IS THE EARLIEST KNOWN LOCAL GOVERNMENT PUBLIC SERVANT. PRIOR TO BIBLICAL TIMES, THEY WERE REFERRED TO AS REMINDERS OR REMEMBRANCES. THAT IS BECAUSE BEFORE WRITING CAME INTO USE, THE CLERK'S MEMORY SERVED AS THE PUBLIC RECORD. AND, WHEREAS THE MUNICIPAL CLERK IS THE COMMUNITY HISTORIAN FOR THE ENTIRE RECORDED HISTORY OF THE CITY, AND THE PEOPLE IN HER CARE. FOR THIS REASON, CLERKS REMAIN UNEQUIVOCALLY NEUTRAL AND GOVERNMENTAL AFFAIRS AND CONDUCT THEMSELVES WITH INTEGRITY, HAVE UNMATCHED PROFESSIONAL ACUMEN AND WITHOUT FAIL, PROVIDE EQUITABLE SERVICE. WHEREAS FROM THIS TIME HONORED FOUNDATION, MUNICIPAL CLERKS GOVERN THE MULTIFACETED FUNCTIONS OF LOCAL GOVERNMENT ADMINISTRATION AND SERVICES WHICH ARE PRESCRIBED AND DEFINED BY CHARTER, STATUTE, CODE OF ORDINANCE AND COMMISSION DIRECTIVES. AS SUCH, IT IS DIFFICULT TO FULLY DESCRIBE, A CLERKS ROLES AND RESPONSIBILITIES, AS THERE ARE HUNDREDS OF VARIOUS TASKS THEY MAY FULFILL IN ANY GIVEN DAY. WHEREAS THE IMMINENT POLITICAL SCIENCES, PROFESSOR WILLIAM BENNETT MUNRO, WRITING ONE OF THE FIRST TEXTBOOKS ON MUNICIPAL ADMINISTRATION STATED IN PART, NO OTHER OFFICE OR MUNICIPAL GOVERNMENT AS SO MANY CONTRACTS. IT SERVES THE MAYOR, THE CITY COMMISSION, AND ALL ADMINISTRATIVE DEPARTMENTS WITHOUT EXCEPTION. ALL OF THEM CALL UPON IT ALMOST DAILY FOR SELF-SERVICE OR INFORMATION. IT DEMANDS VERSATILITY, ALERTNESS, ACCURACY, AND NO END OF PATIENTS. THESE WORDS WRITTEN, 87 YEARS AGO ARE STILL RELEVANT TODAY. NOW, THEREFORE, MICHAEL AS MAYOR OF THE CITY FOR FERNANDINA BEACH FLORIDA DO HEREBY RECOGNIZE MAY 2-MAY 8, AS MUNICIPAL CLERKS WEEK AND EXTENDED APPRECIATION TO OUR OWN OFFICE FOR THE ESSENTIAL SERVICES THEY PROVIDE AND THEIR EXEMPLARY WORK TO THE COMMUNITY WITH PROFESSIONALISM AND WITNESS WHEREOF I DO SAY BECAUSE THE OFFICIAL SEAL FOR THE CITY OF FERNANDINA BEACH FLORIDA ON THIS SIXTH DAY OF APRIL, 2021. . HAVE WORKED WITH CAROLINE, AND NOW MAYOR, I CANNOT TELL YOU THE HIGH-CALIBER EXCELLENCE THAT CAROLINE BRINGS TO HER OFFICE, INTEGRITY, PROFESSIONALISM, AND CAROLINE STRIVES FOR EXCELLENCE, EVERY SINGLE DAY EVERY SINGLE MINUTE, EVERY SINGLE HOUR, AND I CANNOT THANK HER AND HER STAFF ENOUGH FOR THEIR SERVICE TO THE CITY, CONGRATULATIONS. >> THANK YOU VERY MUCH. >> THANK YOU. [4.5 AMELIA ISLAND CONCOURS D'ELEGANCE] [00:20:05] BELIEVE MR. WARNER IS HERE. IF YOU WILL STATE YOUR NAME AND ADDRESS GOOD TO SEE YOU AGAIN. >> GOOD TO SEE YOU. 3700 RUBIN ROAD, JACKSONVILLE FLORIDA. THANK YOU FOR HAVING ME HERE THIS EVENING. GOOD EVENING COMMISSIONERS. I'VE BEEN ASKED TO MAKE A PRESENTATION ABOUT THE AMELIA ISLAND CONCOURS D'ELEGANCE. I WILL TELL YOU ABOUT IT. WE ARE A CHARITABLE ORGANIZATION, WE HAVE NINE SALARIED EMPLOYEES, VOLUNTEERS AND EMPLOYEES. WE HAVE A PROGRAM HELD ANNUALLY. WE HAVE DONATED APPROXIMATELY $1 MILLION TO CHARITIES INCLUDING COMMUNITY HOSPICE OF NORTHEAST FLORIDA, WHICH IS RESPONSIBLE FOR HOSPICE A FEW YEARS AGO. NOW YOU DON'T HAVE TO GO TO JACKSONVILLE. THE CHILDREN AND ADULTS WHO WERE CRIPPLED BY THIS TERRIBLE BIRTH DEFECT. YOU CAN SEE THEY HAVE AN ECONOMIC IMPACT ON THE COMMUNITY, VERSUS THE SAME NUMBER OF 900,000, YOU CAN SEE HOW IT REACHES INTO YOUR COMMUNITY FOR THE LIFESTYLE WE ENJOY HERE. IN ADDITION, LOCAL CHARITIES WHICH AS THE ONLY PROGRAM FOR AUTOMOBILE RESTORATION. THE PETERSON MUSEUM IN LOS ANGELES. IF YOU HAVEN'T BEEN THERE, THERE IS A SIGN THAT I LIKE TO THINK OF, IT SAYS WE HAVE A DREAM AND THAT IS WHAT MY TEAM LOOK FOR. THIS IS A HE DROVE ABOUT 40 CARDS. THESE CARDS CAME FROM ALL OVER THE COUNTRY AND MANY WORTH MILLIONS OF DOLLARS. ONE CHISELED FOR $60 MILLION. LAST YEAR, I HAD ANOTHER ONE WITH THE MAN WHO GREW UP IN PHILADELPHIA EAST TO PREPARE BICYCLES NOW HE HAS A MULTIBILLION DOLLAR CORPORATION. I WANT TO GO THROUGH THE STAFF. THIS IS NAMED BY AUTOMOBILE MAGAZINE. OUR WHY ARE WE UNIQUE, AMELIA HAD HAD TO BESTED SHOWS PARAGRAPH TWO FAIRWAYS. MY PASSION IS RACING. ONE SIDE IS BEST IN SHOW. ONE OF MY FRIEND SAID YOU CAN ONLY HAVE ONE WINNER. I SAID WE HAVE TWO WINNERS. AMELIA CELEBRATES EVERYONE IN THIS YEAR WE WILL BE HONORING LYNN ST. JAMES. I WILL GET TO THAT. IN ADDITION TO THIS CHEVROLET THUNDER PRESENTED BY CHEVROLET. ( INDISCERNIBLE ) THE DEMONSTRATION RIDES, FORTUNATELY WE HAVE A LOT OF PEOPLE WHO REALLY LIKE US AND THEY GAVE US A FULL RUNWAY AT THE AIRPORT. [00:25:14] HE WAS GIVING RIDES AT 140 MILES PER HOUR. THERE YOU HAVE TWO OPTIONS. THE GALA DINNER. I WILL HONOR HER FOR HER CONTRIBUTIONS TO THE RACING COMMUNITY. OUR THEMES FOR THIS YEAR, OUR THEME IS IT IS ELECTRIC -- ELECTRIC. WE WILL HAVE CARD SHOWN THIS YEAR INCLUDING AN EXTENSION THAT WILL SHOW THIS. IN THE CITY OF ALABAMA. IF ANYONE OUT THERE WHO DOES NOT LIKE CARS YOU WILL SEE THIS IS WONDERFUL. THIS COMES FROM THE OXNARD MUSEUM. GENERAL MOTORS SHOWING THE ALL ELECTRIC CROSSOVER VEHICLE. IT IS THIS IS THE ALL ELECTRIC MUSTANG. ELECTRIC CARS ARE PRACTICAL FOR INTERSTATE TRAVEL. THIS WAS THE ADDITION AND REAPPOINTMENT DAYTONA. THEY ARE CHALLENGING TESLA. EXPECT THE UNEXPECTED. PARENTS GET IN FREE. MARKETING OPPORTUNITIES FOR EVERYONE. THERE IS HISTORY WITH IT. THIS IS ONE OF THE ONES I REALLY LIKE. THANK YOU FOR HAVING ME HERE IF YOU HAVE ANY QUESTIONS LET ME KNOW. >> I WILL JUST SAY YOU ARE IN YOUR 26 YEAR END I AM 27-YEARS-OLD. I CAN REMEMBER YOU HAVE BEEN A STAPLE ON AMELIA ISLAND. >> THANK YOU, I APPRECIATE THAT. THIS IS A CULMINATION OF A [00:30:03] CHILDHOOD -- I CAN REMEMBER DANCING IF YOU DON'T GET THESE CARS OUT YOU WILL NEVER MAKE A LIVING. >> YOU AND I TALKED A FEW MONTHS AGO. WE WERE TALKING ABOUT COVID NOW YOU WOULD HANDLE IT. WHAT ARE YOUR THOUGHTS QUICKSAND WE HAVE GONE TO DISNEY, DAYTONA, THE INTERNATIONALS AND THE PLAYERS. I CHECKED ON HOW EVERYTHING IS DONE IN THE DRAGRACING, OBVIOUSLY, THERE IS NO MASK MANDATE BUT OUR SPONSORS PREFER WE WEAR ONE. HOW IT IS ENFORCED IS DIFFERENT. YOU CAN TELL PEOPLE TO SOCIALLY SPACE. THE SPACING IS FAIRLY EASY. EVERY YEAR WE DO A DRONE SHOT AND WE LOOK AT OUT THE FIELD IS LAID OUT AND OUT THE CROWD IS MOVING. SPACING IS NOT A PROBLEM. >> I WAS THERE, AND I CAN TELL YOU THAT, THEY HAD A STAFF, AND IF YOU WERE NOT DRINKING A BEVERAGE OR EATING SOMETHING, THEY REMINDED YOU TO PUT YOUR MASK ON AND THAT WAS POWERFUL. >> THEY HAD GENERAL ADMISSION PLUS THEY ARE CORPORATE. >> WE EXPECT, ON THE GOODYEAR WE GET 15,000. THE PLAYERS, THE FINALS WHERE EVERYONE CONGREGATES, AND IN OUR CASE, WE CAN BE ON THE PLAYING FIELD SO WE CAN SPREAD AROUND. BUT WE WILL HAVE POLICIES WHERE PEOPLE CAN HAVE AN SANITIZERS AND PLASTIC SHIELDS. THE SEMINARS WILL BE INDOORS, LIKE LAST YEAR WE HAD 1,000 PEOPLE. WE HAVE TO COMPLY WITH THE MARRIOTT RULES WHICH IS A PORTION OF THE RITZ-CARLTON. WITHIN THE HOTEL AND THE MARRIOTT RULES. WE ENCOURAGE EVERYONE TO WEAR A FACE COVERING. >> THANK YOU EVERYONE. >> THINK YOU, I APPRECIATE IT. . [4.6 PRESENTATION - ANNUAL AUDIT REPORT] >> THANK YOU. ITEM 4.6 THIS IS A PRESENTATION OF THE ANNUAL AUDIT REPORT. IT IS DONE BY PURVIS GRAY. WE HAVE MR. TUCKER AND MRS. BOYD. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE? >> I AM BARBARA BOYD, I LIVE 3817, NOT IN FERNANDINA I AM FROM GAINESVILLE. WITH ME TODAY IS JUSTIN. HE IS THE MANAGER IN CHARGE OF THE ENGAGEMENT. RYAN TUCKER WAS A PREVIOUS PARTNER ON THE ENGAGEMENT. SO, I AM HERE TO PRESENT THE AUDIT RESULTS FOR THE SEPTEMBER 30, 2020 AUDIT. REALLY QUICKLY I WILL TRY TO KEEP MY PRESENTATION BRIEF IT'S NOT AS EXCITING AS WATCHING THE PRETTY CARS. THE SUMMARY OF AUDIT RESULTS. WE HUNDRED -- AUDITED THE FINANCIAL STATEMENT THAT MEANS YOUR FINANCIAL STATEMENTS, THE BIG BOOK THAT YOU RECEIVED, THOSE NUMBERS ARE STATED AND THAT IS THE HIGHEST LEVEL OF ASSURANCE WE AS AUDITORS CAN PROVIDE. WE ALSO REVIEW YOUR INTERNAL CONTROLS AS PART OF THE AUDIT, WE DO NOT ISSUE AN OPINION BUT WE DO LOOK AT THEM TO HELP US DETERMINE WHAT AREAS WE WILL FOCUS ON WHEN WE DO OUR TESTING. AS PART OF THE PROCESS WE IDENTIFY ANY ISSUES THAT COME UP ANY DEFICIENCIES OR WEAKNESSES WE REPORT THOSE TO YOU IN THE REPORT. I AM PLEASED TO SAY, THAT THE AUDIT DISCLOSED NO SIGNIFICANT DEFICIENCIES. FINALLY WE LOOK AT SIGNIFICANT COMPLIANCE MATTERS IF THERE WAS ANY MATERIAL THAT WAS NONCOMPLIANCE WE WOULD REPORT THAT AS WELL. SO, ALL AND ALL THE FINANCIAL STATEMENT IS GREAT. WE ALSO DO SOMETHING CALLED A [00:35:01] SINGLE AUDIT WHEN YOU HAVE GRANTS FEDERAL OR STATE THAT ARE OVER $750,000. THEY SHARED YOU DID AT THE FEMA GRANTS THAT WERE MATERIAL. IT WAS THE SECOND YEAR IN A ROW THAT WE AUDITED FEMA. ON THAT WE GO INTO MORE DETAIL. WE LOOK AT THE ACTUAL COMPLIANCE REQUIREMENTS, AND WE LOOK AT THE INTERNAL CONTROLS NOT JUST THE FINANCIAL STATEMENTS. I AM PLEASED TO SAY IN MY OPINION, THE AUDIT OF THE PROGRAM, AND THE AUDIT SHOWED NO SIGNIFICANT DEFICIENCIES. >> ANOTHER REPORT, A REPORT ON COMPLIANCE FOR 15 FLORIDA STATUTE TO THE LOCAL GOVERNMENT. THE CITY IS IN COMPLIANCE WITH ALL STATUTORY REQUIREMENTS. AND FINALLY AN ISSUE OF MANAGEMENT LETTER IN ACCORDANCE WITH THE AUDITOR GENERAL THERE IS INFORMATION THAT THEY ARE REQUIRED TO REPORT ON AND IF WE HAD FINDINGS OR RECOMMENDATIONS WE WOULD INCLUDE THEM IN THAT LETTER AS WELL. I AM PLEASED TO REPORT WE HAD NO FINDINGS OR RECOMMENDATIONS. JUST TO TOUCH ON SOME HIGHLIGHTS IN THE GENERAL FUND, SO, WHAT YOU SEE HERE YOUR TOTAL ASSETS AND LIABILITIES AND YOUR FUND BALANCES. FUND BALANCE IS BROKEN INTO FIVE CATEGORIES. WHAT WE FOCUS ON ARE THE ASSIGNED AND UNSIGNED BALANCES. FOR YOU ALL, THE RESERVE IS INCLUDED. WE ALSO, EVALUATE BUT COMMITTED WHEN WE DO OUR ANALYSIS. ONE THING WE LOOK AT, YOU HAVE A MINIMUM OF TWO MONTHS OF RESERVES IN OPERATING EXPENSES IN YOUR FUND BALANCE. SO, YOU CAN SEE HERE, YOUR ASSIGNMENT IS THE 16%, BUT YOU ALSO HAD YOUR COMMITTED, YOUR EMERGENCY RESERVE AT 19%. SO, BOTH OF THOSE COMBINED, LET ME DO MY MATH 35%, SO YOU ARE IN A GOOD PLACE AND THE ENTERPRISE FUNDS THERE ARE JUST A FEW TO TOUCH ON. WATER AND SEWER, YOU CAN SEE UNRESTRICTED IN THAT POSITION. A LITTLE DIFFERENT TERMINOLOGY BUT THE SAME. 17.7 MILLION, THAT IS 252% OF YOUR TOTAL EXPENSES. SO THAT IS A VERY SIGNIFICANT AND HEALTHY. ONE THING TO KEEP IN MIND, THIS AMOUNT DOESN'T TAKE INTO ACCOUNT YOUR FUTURE NEEDS. >> AND THEN THE MARINA AS A $2.8 MILLION DEFICIT. AND YOUR GOLF COURSE HAS A $1.3 MILLION DEFICIT FINALLY, AS PART OF YOUR AUDIT YOU HAVE A SEPARATE LETTER, VERY BRIEF ON THAT, BASICALLY THE POLICIES ARE DESCRIBED IN THE FINANCIAL STATEMENT AND THERE ARE NO CHANGES SO, THEY ARE CONSISTENT AND FINALLY, AN AUDIT INCLUDING ESTIMATES WITH THINGS LIKE APPRECIATION, UNBILLED REVENUES AND YOUR CONCENTRATED ASSETS, AND WE WILL KEEP THAT AND DETERMINE THAT THEY ARE REASONABLE. THAT IS ALL I HAVE. I DO WANT TO SAY, THANK YOU TO PAULINE AND HER TEAM AND AUDIT DEFINITELY TAKES HOURS OF PREPARATION. MANY, MANY HOURS OF PREPARATION AND PUTTING UP WITH US FOR WEEKS WHILE WE'RE HERE. THANK YOU. I CERTAINLY APPRECIATE IT. >> ANY QUESTIONS OR COMMENTS. [00:40:04] VICE MAYOR? >> I JUST WANT TO COMPLEMENT STAFF. THIS IS A REFLECTION OF THEIR MANAGING THE MONEY AND THIS IS AN EXCELLENT REPORT. >> ANY OTHERS? THANK YOU SO MUCH FOR YOUR PRESENTATION. WELL DONE. >> ITEM FIVE BACK. PUBLIC COMMENT REGARDING ITEMS NOT ON THE AGENDA OR ITEMS ON THE CONSENT AGENDA. I HAVE NO FORMS SO IF ANYONE WOULD LIKE TO SPEAK WE WILL GO ON TO THE CONSENT AGENDA. WOULD THERE BE ANY ITEMS [6. CONSENT AGENDA] COMMISSIONERS WON'T PULL FROM THE CONSENT AGENDA. >> I HAVE A MOTION OF APPROVAL AND A SECOND. CITY CLERK CAN YOU PLEASE CALL THE ROLL. (ROLL CALL). >> THE MOTION PASSES 5-0. >> RESOLUTIONS, ITEM 7.1. [7.1 AMENDED AND EXTENDED - EMERGENCY ORDER – COVID-19 - MANDATORY MASKS] THIS IS THE AMENDED AND EXTENDED EMERGENCY ORDER FOR COVID-19 MANDATORY MASKS. BEFORE I RECOGNIZE YOUR LIGHTS, IF WE COULD JUST PUT THE GRAPHIC UP PLEASE I DON'T KNOW WHERE MY GRAPHIC IS. THAT'S OKAY. SO, THIS IS THE PAST TWO WEEKS, THE NUMBER THAT I FOUND SIGNIFICANT IN THIS GRAPHIC IS RIGHT ABOVE THE CASES ON THE UPPER LEFT-HAND SIDE WHERE IT SAYS FULLY VACCINATED. YOU WILL NOTE, THIS IS AS OF YESTERDAY. XO 23% OF THE POPULATION IN THIS COUNTY HAS BEEN FULLY VACCINATED. THAT LEAVES 77% OF THE POPULATION NOT PROTECTED. I THINK THAT SPEAKS VOLUMES OF WHERE WE ARE. WITH THAT, I SEE THREE LIGHTS, I DON'T KNOW WENT FIRST CISCO ALPHABETICAL COMMISSIONER BEING. >> IT IS GOOD TO HAVE A NAME THAT STARTS WITH THE LETTER B. >> I WOULD LIKE TO START ON A POSITIVE NOTE. I WANT TO TELL YOU A STORY ABOUT WHAT HAPPENED TO ME YESTERDAY. I HAD A GREAT EXPERIENCE. I WENT TO THE LOCAL AMC MOVIE THEATER WHERE WE HAD A VACCINATION TENT AND AS THE YOUNGEST MEMBER OF THE BOARD I WAITED MY TURN AND SO I WAS ELIGIBLE. I WENT IN-AND-OUT IN LESS THAN 30 MINUTES I HAVE VACCINATED -- MIGHT HAVE GOTTEN VACCINATED. THE HIGHLIGHT I WANT TO SAY, IT WAS A GREAT EXPERIENCE TO DO. AND ALSO THAT IS A GREAT POINT THAT YESTERDAY, AS OF YESTERDAY, EVERY SINGLE LOCAL 16 AND OLDER IS ELIGIBLE TO RECEIVE THE COVID-19 VACCINE. THAT MEANS EVERYONE IN THIS ROOM, EVERYONE IN THE AREA OVER 16, IF YOU WANT THE VACCINE IT IS AVAILABLE TO YOU. THIS IS WHAT WE HAVE BEEN WAITING FOR. THIS IS, YOU HAVE A WAY TO PROTECT YOURSELF IF YOU CHOOSE TO GO GET IT. THE VACCINE IS AVAILABLE AND FOR THAT REASON ALONE I WILL VOTE AGAINST THE MASK MANDATE. I'M EXCITED TO MAKE THAT STATEMENT. MR. ROSS YOU INDICATED YOUR LIGHT WAS FIRST. >> MOVED TO APPROVE I HAVE A MOTION AND A SECOND PERIOD COMMISSIONER ROSS DID YOU HAVE A COMMENT? >> COMMISSIONERS STURGES? >> IN LIGHT THAT THE CASES ARE DOWN. SIX CASES ON AVERAGE BY DAY AND THE INCREASING VACCINATION RATE IS UP TO 23%. IN OTHER LARGER MUNICIPALITIES HAVE DONE AWAY WITH MASK MANDATES. THERE IS AN EXECUTIVE ORDER PROHIBITING CITIES FORGIVING CITATIONS AND THE CITY HAS NO AUTHORITY TO ENFORCE MASK MANDATES ON INDIVIDUALS OR BUSINESSES. I'D SAY WE DO AWAY WITH THE MASK MANDATE AND LET THE BUSINESSES AND PEOPLE DECIDE. [00:45:10] >> WE HAVE A MOTION FOR APPROVAL ON THE FLOOR. >> YOUR LIGHT IS STILL ON. >> WE CURRENTLY HAVE 122 PEOPLE, 120, IT WENT DOWN WHO DIED IN NASSAU COUNTY. 1.36 PER 100,000. IT IS ACTUALLY BETTER THAN SOME AREAS BUT IT IS A TERRIBLE NUMBER. I WILL SUPPORT THE MASK CONSISTENTLY AS LONG AS THE CDC SUPPORTS IT. MAJOR STORES ARE ALSO SUPPORTING IT. WE JUST HAVE A DISCUSSION WITH CONCOURSE SUPPORTING IT. WE ARE CERTAINLY NOT OUT OF THE WOODS. >> MR. ROSS. >> SO, NASA COUNTY IS STILL AT HIGH RISK FOR EXPOSURE AS OF YESTERDAY. I WILL GO ALONG WITH STILL HAVING A TRANSIENT MANDATE. I WILL GO WITH STATE LEGISLATION THAT IS BOTH UNDER COVID. YOU CAN'T GET INTO THEIR MEETINGS WITHOUT HAVING TO COVID TEST AND THEY WILL NOT ALLOW ANYONE INTO THEIR ROOM, AND ANYONE WHO GOES SHOULD FOLLOW THEIR LEAD. >> I WILL FOLLOW THEM BECAUSE I SUPPORT THIS MOTION. LET ME JUMP BACK IN. I WANT TO SAY, THERE IS A DIFFERENCE BETWEEN A STORE SUCH AS TARGET WHICH IS THEIR RIGHT TO ENFORCE ANY MASK MANDATE. IT IS A DIFFERENCE BETWEEN TARGET DOING IN AND US FOR THE CITY. IT IS A DIFFERENCE BETWEEN THE STATE LEGISLATION AND US. THEY ARE NOT DOING IT FOR EVERYONE JUST THEIR GOVERNING BODY. I ARGUE THERE'S A DIFFERENCE. THEY'RE CDC ONLY RECOMMENDS, THEY DO NOT MANDATE THAT SOMETHING ELSE TO THINK ABOUT IF WE ARE BASING IT OFF OF THE CDC. FURTHERMORE BY GAUGING THE ROOM AND LOOKS LIKE I WILL BE ON THE LOSING END OF THIS VOTE, BUT WHAT I DO WANT TO ASK THE COMMISSION, I WANT TO POSE THE QUESTION BECAUSE THE PUBLIC WANTS TO KNOW AND I WANT TO KNOW, IF NOT NOW, WHEN. RIGHT NOW IS THE TIME THAT SEEMS THE MOST LOGICAL. YESTERDAY, WE NOW HAVE A VACCINE AVAILABLE TO EVERYONE. IF YOU SO CHOOSE, YOU CAN GO GET THE VACCINE TODAY. IT IS AVAILABLE. SO, ON THE TOP, ABOVE THAT NUMBER THERE ARE THREE OTHER NUMBERS THAT WE HAVE BEEN LOOKING AT FOR THE LAST YEAR. BY ALL MEASURABLE METRICS WE ARE DOING BETTER. WE ARE COMING OUT OF THE WOODS. WE ARE SUCCEEDING, AND WE ARE PUSHING AND DOING GREAT. BY ALL MEASURES, AND EVEN MORE SO, YOU CAN GET THE VACCINE IF YOU WISH, AND THAT IS WHY WE INITIALLY STARTED WITH FLATTENING THE CURVE. WE WANTED TO PROTECT THE MOST VULNERABLE. THAT 23% IS HEAVILY CONCENTRATED. FOR ALL OF THOSE REASONS, I WANT TO KNOW, IF NOT NOW WHEN, WHAT ARE WE WAITING FOR. I WANT TO KNOW WHAT OUR TARGET IS, WHAT WE ARE WAITING FOR, AND I WANT TO MAKE SURE WE GET THERE. >> VICE MAYOR. >> FOR ME, WHEN THE CDC STOPS RECOMMENDING MASKS, THAT IS WHEN I WILL CONSIDER. THERE ARE PEOPLE DYING, AND THERE ARE STILL SOME SERIOUS PEOPLE DYING, THIS IS NOT THE TIME TO STOP. OUR PER THOUSAND NUMBERS ARE LOWER THAN SOME STATES AND I WILL SAY THAT IS BECAUSE WE CONTINUED IN OUR STORES AND HOSPITALS AND THE SENATE, WE CONTINUE TO WEAR A MASK. WE ARE MAKING A DIFFERENCE. EVEN IF YOU -- I JUST WANT TO PROTECT THE CITIZENS AS BEST WE CAN. DOES THAT ANSWER YOUR QUESTION? >> I WAS GOING TO TURN MY LIGHT OFF. >> THE ANSWER TO THE QUESTION IS WHEN THE SCIENCE SAYS IT IS SAFE. 23% BELIEVE THAT. THAT MEANS, ONE OUT OF FOUR PEOPLE ARE VACCINATED. THAT MEANS THREE OUT OF THE BOARD CAN SPREAD COVID. THEY CAN SPREAD THE DISEASE. [00:50:02] REALLY, THAT IS WHEN WE WILL TAKE THE MASKS OFF. I BROUGHT COOKIES TO MY NEIGHBOR WHO CAUGHT COVID MONTHS AGO AND ALMOST DIED. HE IS LEARNING, SIX MONTHS LATER HOW TO WALK SIX MONTHS LATER, LEARNING TO WALK. AT THE LAST MEETING I SAID A FRIEND OF MINE DIED A NAP MONTHS AGO IN THE HOSPITAL. THREE OUT OF FOUR PEOPLE IN THIS COUNTY CAN SPREAD THE DISEASE AND YOU WANT TO TAKE THE MASKS OFF, I DON'T THINK SO, ANY OTHER COMMENTS, HEARING NONE, CITY CLERK CALLED THE VOTE. (ROLL CALL). [7.2 BUDGET AMENDMENT - SANITATION DEPARTMENT] >> THE MOTION PASSES 3-2. ITEM SEVEN-POINT TO BUDGET AMENDMENT SANITATION DEPARTMENT. >> MOVED TO APPROVE. I HAVE A MOTION AND A SECOND. CITY MANAGER DO YOU WANT TO TAKE US THROUGH THIS. >> THE CITY RESUMING RESPONSIBILITY FOR COLLECTION OF YARD SERVICES. THIS IS A TRANSFER TO PROVIDE FOR EXPENSES FOR THAT. >> THANK YOU, SIR. ANY COMMENT OR DISCUSSION? ICING ON. MADAME CLERK WOULD YOU CALL THE ROLL. (ROLL CALL). [7.3 BUDGET AMENDMENT - LEGAL DEPARTMENT] >> THAT PASSES 5-0. ITEM 7.3 BUDGET AMENDMENT LEGAL DEPARTMENT. >> MOVED TO APPROVE, A MOTION IN A SECOND PERIOD. >> I AM ASKING FOR AN ADDITIONAL $50,000 FOR THE LEGAL DEPARTMENT SPECIFICALLY FOR OUTSIDE LEGAL SERVICES. WE HAVE $50,000 IN THE BUDGET INITIALLY ON OCTOBER 1 BUT THE CITY IS PROSECUTING A NUMBER OF LAWSUITS MEANING THE CITY HAS FILED THESE LAWSUITS. WE DO NOT HAVE INSURANCE TO COVER THE DEFENSE COUNSEL OR COUNSEL'S COSTS. I NEED THIS EXTRA MONEY WE ARE ALMOST OUT OF THE FIRST $50,000. IF THERE ARE ANY SPECIFIC QUESTIONS I CAN GO THROUGH THE ACTION ON THE THREE THAT I CAN THINK OF OFF OF THE TOP OF MY HEAD THAT WE ARE PROSECUTING AND PAYING FOR. >> CAN YOU GIVE US AN UPDATE ON THE POOL? >> I SURE CAN. I WILL HAND THESE OUT TO YOU. I HAVE TO GIVE YOU CREDIT, COMMISSIONER ROSS, WE KNOW HOW COMMISSIONER ROSS DOES HIS HOMEWORK. COMMISSIONER ROSS REVIEWED AT LEAST TEN BOXES FULL OF DOCUMENTS. EACH ONE CONTAINING HUNDREDS OF PAGES OF DOCUMENTS THAT GO BACK TO THE 80S WHEN THE PORT AUTHORITY AND A PRIVATE OPERATOR WERE INTERESTED IN DEVELOPING THE PARCEL WE KNOW NOW AS THE DEEPWATER PORT FERNANDINA. COMMISSIONER ROSS CAME ACROSS SOME DOCUMENTS IN THE LAST FEW WEEKS THAT I THINK ARE GOING TO, THEY AREN'T THE SMOKING GUN SO TO SPEAK IN TERMS OF WHETHER OR NOT THE PORT AUTHORITY AT THE TIME AGREED TO PAY THE CITY THE 50,000-DOLLAR PILOT PAYMENT IN LIEU OF TAXES PAYMENT, FOREVER. AS LONG AS THAT DEVELOPMENT AND PORT IS THERE. COMMISSIONER ROSS FOUND AND WE HAVE INCLUDED AN ALBERT DRAFT COMPLAINT THAT WILL BE FILED BY THE END OF THIS WEEK, A RESOLUTION A FORMER RESOLUTION OF PORT AUTHORITY THAT SAYS THEY AGREED TO THIS PAYMENT TO THE CITY AND THE PURPOSE FOR FIRE AND POLICE PROTECTION AND STREET MAINTENANCE. IN ADDITION, THERE IS ANOTHER DOCUMENT THAT IS A LETTER FROM A MR. WILLIAMS FROM THE PORT AUTHORITY THAT ACKNOWLEDGES THE AGREEMENT AND THEIR OBLIGATION TO MAKE PAYMENT. THOSE TWO DOCUMENTS HAVE BEEN EXTREMELY HELPFUL, AND I THINK WE WILL CONVINCE THE JUDGE THAT WE WILL MOVE ON FROM THIS STEP AND GET PAST THE FACT THAT WE DO HAVE A CONTRACT, THEN WE WILL HAVE A FEW OTHER THINGS TO ARGUE OVER BUT NOT MUCH. IT REALLY CAME DOWN TO THE PORT AUTHORITY SAID WE HAD NO CONTRACT AND WE HAVE FOUND DOCUMENTS THAT SHOW THE PORT AUTHORITY, NOT IN THESE CHAMBERS BUT IN THEIR MEETING DID APPROVE THIS AGREEMENT AND THE PAYMENT OF AT LEAST $50,000 ANNUALLY TO THE CITY. >> THANK YOU, VICE MAYOR. >> UPDATE US ON THE MD DOMAIN. >> IN THE EMINENT DOMAIN CASE [00:55:03] THE CITY, WE ATTEMPTED TO ACQUIRE THE PROPERTY OWNED BY MR. SIMMONS AND HIS FAMILY THAT IS NORTH OF THE CITY MARINA. RIGHT NOW WE HAVE AN APPRAISER. WE ARE IN IT 40 DAYS THE APPRAISER HAS BEEN DOING HIS WORK AND SHOULD HAVE A REPORT TO THE CITY, I HOPE WE CAN SETTLE THE CASE MOST OF THESE CONDEMNATION CASES COME DOWN TO HOW MUCH THE CITY OR THE GOVERNMENT AGENCY WILL PAY FOR THE PROPERTY AND THAT IS USUALLY BASED ON EVIDENCE LIKE APPRAISALS WE ALREADY ■HAVETWO APPRAISALS THIS WOULD BE A MORE UP-TO-DATE APPRAISAL AND WE HOPE WE CAN SETTLE THE CASE BASED ON THAT NUMBER. I AM HOPING WITHIN 30 DAYS WE WILL HAVE AN ANSWER FOR EVERYONE. >> COMMISSIONER ROSS. >> IN THIS SUBDIVISION CASE FOR THE ROADWAYS, WE KNOW THERE ARE TWO STREETS IN THEIR THAT ARE VERY WET AND DAMAGE. WE HAVE DECIDED TO HIRE A CONSULTANT THAT IS GOING TO GIVE US ESTIMATED COSTS FOR A NUMBER OF DIFFERENT SOLUTIONS EVERYTHING FROM, IF ANYONE HEARS THIS THAT LIVES IN THE SUBDIVISION DON'T FREAK OUT WE WILL LOOK AT ALL OPTIONS ONE WOULD BE JUST RESURFACING THE ROADS EVERY FIVE YEARS. PUTTING NEW BLACKTOP OUT THERE AS WE KNOW IT. ALL OF THE WAY DOWN TO COMPLETELY EXCAVATING THE CURRENT ROAD THAT IS DAMAGED PUTTING IN NEW SUBBASE, NEW SURFACE AND INSTALLING DRAINAGE, WE WILL ALSO HAVE A SEPARATE LINE FOR CURB AND GUTTER. THERE ARE RESIDENTS THAT WANT THE CONCRETE CURBS AND GUTTERS REPLACE. WE WILL HAVE A LIST. BUT WE NEED SOMETHING UP TO DATE. WE HAVE ONE IN THE TWO MILLION-DOLLAR NUMBER THAT THE CITY HIRED. THOSE WERE THE ONLY TWO ESTIMATES. I DON'T THINK WE BROKE IT DOWN FAR ENOUGH SO WE COULD MAKE AN INFORMATIVE DECISION TO GO BACK TO MEDIATION. I THINK WE WILL GO BACK TO THAT. ANY OTHER QUESTIONS? >> IT MORPHED INTO THE CITY ATTORNEY REPORT. >> AND I DID SEND OUT THE REPORT TODAY. >> THANK YOU, MA'AM. SO, WITH NO OTHER COMMENTS, CITY CLERK, -- ONE LAST COMMENT. WHERE ARE THE PLAINTIFFS. >> ALL RIGHT, CITY CLERK, CALL THE ROLL. (ROLL CALL). >> THAT ITEM PASSED 5-0. >> ITEM EIGHT IS A NOISE ORDINANCE. THERE ARE TWO PROPOSED A .1 AND A POINT TO, I DO HAVE SPEAKERS ON THIS WOULD YOU LIKE TO HEAR THE SPEAKERS FIRST I HEAR ONE YES, I HEAR TWO YES. >> I MOVE FOR A FIVE MINUTE RECESS TO USE THE RESTROOM. >> IF I MAY, A BRIEF INTRODUCTION ABOUT THE TWO ORDINANCES AND HOW THEY ARE DIFFERENT. >> ALL RIGHT, WE ARE BACK IN [8. ORDINANCE - FIRST READING] SESSION. THE CITY ATTORNEY WILL TAKE US THROUGH THIS. THERE ARE TWO ORDINANCES ON THE AGENDA. A .1 AND A .2. THE CITY ATTORNEY WILL EXPLAIN THE DIFFERENCES AND WHAT OUR OPTIONS ARE. YOU HAVE THE FLOOR. >> WHAT I WOULD ASK FIRST BEFORE I GO INTO THE DISCUSSION, WHETHER YOU TAKE SPEAKERS FIRST, BEFORE I READ A TITLE OF AN ORDINANCE THAT WE DECIDE WHICH WAY WE WILL GO, IN TERMS OF THE DECIBEL READINGS. FOR EXAMPLE, THE CURRENT ORDINANCE AND THE CHANGES TO IT ARE IN 8.1. THE CURRENT CITY ORDINANCE GENERALLY SPEAKING IS BASED UPON THE STANDARD WHICH IS DEFINED, IT IS CONSTITUTIONAL IT HAS BEEN UPHELD IN FLORIDA I AM COMFORTABLE WITH IT, WE DO NEED TO MAKE A COUPLE OF CHANGES IN REGARD TO THE TECHNICAL ISSUES. THERE ARE SOME CONTENT SPECIFIC LANGUAGE FOR POLITICAL SPEECH AND CHURCH BELLS. JUST THOSE WORDS POLITICAL AND CHURCH MEANS WE COULD FACE SOME [01:00:04] SORT OF CONSTITUTIONAL CHALLENGE. IT REALLY DOES NOT MATTER WHAT WE ARE ACTUALLY EXPERIENCING. THAT HAS TO HAPPEN. WHAT I HAVE SUGGESTED AS A CHANGE IN THE FIRST ORDINANCE WHICH DOES HAVE A PLAIN STANDARD WE DO HAVE ALREADY THE LATE-NIGHT HOURS WHEN THE PLANE AUDIBLE STANDARD CAN'T BE ABOVE 25 FEET. AT 10:00 P.M., ON THE WEEKDAYS AND 11:00 P.M. ON THE WEEKENDS. THAT IS HOW IT EXISTS RIGHT NOW. IN THE DAYTIME HOURS BEFORE THE LEAD TIME -- A HOURS IN APPLIES IF YOU EXCEED, IF IT IS BEYOND 100 FEET. WHEN I AM SUGGESTING HERE AND YOU CAN INSERT WHATEVER NUMBER YOU WISH, 150 FEET. EXTEND THE DISTANCE FOR THE DAYTIME HOURS IF IT IS PLANE AUDIBLE IT WOULD BE A VIOLATION. WE DO HAVE EXEMPTIONS AND THAT ORDINANCE. I SUGGEST THAT WE CONTINUE TO HAVE SOME EXEMPTIONS. WE HAVE EXEMPTIONS FOR EXAMPLE FOR INDUSTRIAL USERS, AND FOR EMERGENCY HORNS AND SIRENS AND THINGS LIKE THAT. I WOULD SUGGEST WE KEEP THAT. THAT IS BASICALLY THE HIGHLIGHT. WHAT WE HAVE NOW BUT EXTEND THE DISTANCE TO THE EARLY HOURS. THE SECOND IS BASICALLY SAINT AUGUSTINE ORDINANCE. LAST TIME WE HEARD ABOUT HOW GREAT SAINT AUGUSTINE ORDINANCES. I DO THINK, AND I HAVE SPOKEN WITH THE POLICE CHIEFS AND CAPTAINS, THE SOUND METER IS DEFINITELY GOING TO BE MORE DIFFICULT TO ENFORCE NOT BECAUSE IT IS DIFFICULT ON US BUT BECAUSE IT IS DIFFICULT FOR THE BUSINESS AND THE COMPLAINING PARTY, TO HAVE A MACHINE THAT YOU CANNOT JUST.AND CLICK AND GET A LEGAL, ACCURATE READING. WE THINK WE CAN, BUT IT IS NOT UPHELD IN COURT. YOU HAVE TO TAKE THE READINGS A NUMBER OF TIMES AND WHAT I'VE PROPOSED HERE, THREE TIMES, 30 SECONDS EACH WITHIN A TEN MINUTE PERIOD. THE STANDARD IS, WHAT I HAVE PROPOSED BUT THIS IS EXACTLY IN THE SAINT AUGUSTINE ORDINANCE. THE DECIBEL READING AND I AM DOING THIS OFF OF THE TOP OF MY HEAD SO IF I GET IT A LITTLE OFF, IT IS 70. SEVENTY DECIBELS DURING THE DAY. 4:00 P.M., 70 DECIBELS. AT NIGHT, IT IS 60 DECIBELS. >> FROM THE COMPLAINT AND PROPERTY QUICKSAND FROM THE PERSON COMPLAINING'S PROPERTY. >> THANK YOU. >> THE RECEIVING PROPERTY COLLECTS. >> THE RECEIVING OR WHOEVER IT HEARING IT AND BOTHERED AND COMPLAINING. THERE SHOULD ALSO BE, AND THERE ARE FINAL VERSIONS OF WHAT WE SHOULD END UP WITH BUT THERE SHOULD BE EXEMPTIONS IN THERE TOO FOR CERTAIN CONSTRUCTION NOISES AND INDUSTRIAL, EMERGENCY SIRENS, THINGS LIKE THAT. I FAILED TO INCLUDE THAT. BUT THOSE THAT ATTRACTED I MISSED ANYTHING. THOSE ARE THE MAJOR DIFFERENCES. I WANT TO BE VERY CLEAR COMMISSIONERS AS YOU DELIBERATE, THIS IS NOT FINISHED TONIGHT BY ANY MEANS. THE PLAINLY AUDIBLE STANDARD IS CONSTITUTIONAL. I HAVE NO DOUBT ABOUT THAT, UNTIL THE LAW CHANGES FOR THE SUPREME COURT, IT IS SOMETHING, THAT WE HAVE BEEN ENFORCING FOR A WHILE. IT HAS BEEN WORKING VERY WELL. I WANTED TO MAKE SURE PEOPLE UNDERSTAND, AND I WILL GO OUT ON THE LIMB, THIS IS JUST MY PERSONAL OPINION FROM EXPERIENCING LIVE MUSIC, THE COURT CASES AND ALL OF THAT. IF WE ESTABLISH A SOUND METER BECAUSE I HAVE TESTED IT A FEW TIMES I AM HERE ALMOST EVERY NIGHT DURING THE MEETINGS, BUSINESSES CLOSE TO CITY HALL, WOULD NOT BE ABLE TO COMPLY WITH AN 80-DECIBEL SOUND READING. I JUST WANT EVERYONE TO KNOW THAT I HAVE TESTED IT AND I HAVE DONE IT. THERE'S MUSIC PLAYING AT THE STAGE AND IT WILL EXCEED 80 DECIBELS AND BE IN VIOLATION. THE MUSIC WILL HAVE TO BE TURNED DOWN WITH THE PLAINLY AUDIBLE STANDARD WE HAVE HAD GREAT SUCCESS GREEN TURTLE HAS BEEN ROCKING FOR YEARS AND WE ALL KNOW THAT. I JUST WANT EVERYONE TO KEEP THAT IN MIND THE PLAINLY AUDIBLE STANDARD HAS BEEN SEEN BY THE SUPREME COURT AS CONSTITUTIONAL THE SOUND LEVELS ARE ALSO SEEN [01:05:02] AS CONSTITUTIONAL AND I DO NOT THINK WE SHOULD BE LOST ON, WHICH IS MORE OBJECTIVE THAN THE OTHER. THEY ARE BOTH OBJECTIVE BUT WHAT IS THE STANDARD WE WANT TO HAVE HERE IN OUR TOWN. WHEN YOU ALL DECIDE WHICH WAY WE ARE GOING, I WILL BE HAPPY TO READ THE ( INDISCERNIBLE ). DOES THAT SOUND FAIR QUICKSAND I WANT TO MOVED TO OPEN DISCUSSION ON WHAT WE WANTED TO MOVE TO. >> WAIT, STOP. I'M GOING TO GO THROUGH THE PROCEDURE, OKAY. LET'S HAVE THAT UNDERSTANDING. NOW, ON 8-POINT WHEN WE WOULD NEED A MOTION TO APPROVE WITH A SECOND PERIOD IF WE DO NOT RECEIVE A MOTION AND A SECOND, THAT WOULD FAIL, CORRECT? >> CORRECT. >> THAT WOULD MOVE US TO A POINT TO WEAR THE SAME WOULD HAVE TO HAPPEN A MOTION AND A SECOND PERIOD YOU HAVE TO HAVE A MOTION AND A SECOND IN ORDER TO HAVE A MOTION. THE QUESTION PROCEDURALLY IS WOULD WE LIKE PUBLIC COMMENT FIRST, OR DO YOU WANT TO ADDRESS WITH A MOTION AND A SECOND, WHICH ORDINANCE WE WILL CONSIDER THEN HAVE THE PUBLIC COMMENT. I HEAR ONE PUBLIC COMMENT, TWO, THREE. SO WE WILL MOVE TO PUBLIC COMMENT THEN PROCEDURALLY, WHAT I JUST DESCRIBED. ARE WE ALL GOOD? SO MY FIRST SPEAKER IS BRIAN HURST. WHICH I THINK I SEE HIM PERFORMING. WELL HE IS TAKING HIS GUITAR OUT. WHILE HE IS DOING THAT, DON DEVOL. IS THERE A DAWN DEVOL? -- DON DEVOL. HE IS HERE. WELCOME AND THANK YOU FOR BEING SO QUICK. AND IF YOU WILL STATE YOUR NAME AND ADDRESS FOR THE RECORD, SIR. >> THANK YOU MY NAME IS BRIAN ( INDISCERNIBLE ) MATTRESSES 12 VINTAGE WEIGHT NUMBER 1238, DID YOU NEED MY NUMBER TOO? I'M SORRY. ANYTHING ELSE? I DID NOT KNOW IF YOU JUST NEEDED MY NAME AND ADDRESS. >> THAT'S FINE. >> AWESOME. THANK YOU SO MUCH. SO YEAH, WE'VE BEEN TRYING TO DO OVER BEST TO SEEK SOLUTIONS BY TALKING TO AS MANY PEOPLE IN THE COMMUNITY AS POSSIBLE. OBVIOUSLY, THERE ARE A LOT OF POSITIONS, SO FOR ME, WHAT I WANTED TO SAY IS, WE'RE JUST TRYING TO FIGURE OUT THE BEST METRICS TO USE FOR HOW WE WILL MEASURE WHAT IS TOO LOUD, AND NOT LOUD ENOUGH. I THINK THAT WITH ALL OF THE DIFFERENT IDEAS WE HAVE GOING ON, THE BEST SOLUTION WE CAN COME UP WITH TEMPORARILY, IS TO PUT A MORATORIUM ON THE NOISE VIOLATIONS FOR THE DIFFERENT MUSIC VENUES UNTIL THEY CAN FINISH MITIGATING THIS ISSUE. SO THAT IS ONE POINT I WANTED TO MAKE, TO HELP PROTECT THE FIVE MUSIC VENUES AND THE MUSICIANS WHILE WE COME TOGETHER TO FIGURE OUT THE BEST WAY TO MOVE FORWARD. THE OTHER THING FOR ME, PERSONALLY, I AM IN FAVOR OF A 10:00 P.M. CUT OFF TIME DURING THE WEEKDAYS AND 11:00 P.M. AT NIGHT. I AM IN FAVOR OF TRYING TO MAINTAIN POSITIVE AND RESPECTFUL DIALOGUE WITH DIFFERENT COMMUNITY MEMBERS INCLUDING THE ONES WHO ARE NOT ANNOYED BY THE MUSIC. I THINK IF WE CAN WORK TOGETHER WE CAN WORK TOGETHER HAVE FAITH, WE CAN SELF REGULATE I AM PERSONALLY A LITTLE APPREHENSIVE TOWARDS A DECIBEL BUT I UNDERSTAND THAT IS A METRIC THAT A LOT OF PEOPLE ARE TALKING ABOUT. I THINK IF WE ARE GOING TO GO DECIBEL WISE, MAYBE DO OUR BEST TO MEASURE THE DIFFERENT SOUNDS AND THE COMMUNITY, AND CONTINUE TO WORK FORWARD TOGETHER. >> THANK YOU. DON DEVOL. SHE DIDN'T ANSWER. WILL PUT THEM IN THE BACK. [01:10:06] ALEX ( INDISCERNIBLE ) WELCOME STATE YOUR NAME AND ADDRESS FOR THE RECORD. >> MY NAME IS ALEX I LIVE AT 2888 TURTLE SHORES DRIVE. HELLO, MY NAME IS ALEX I APPRECIATE YOU GUYS FOR LETTING ME SPEAK TODAY. I'M A YOUNG PERFORMER AND IN OCTOBER OF 2020 I PURCHASED EIGHT CITY PERFORMERS PERMIT TO PLAY IN THE PARK AND TEMPER FOR FOUR MONTHS I PLAYED IN THE PARK WITHOUT INCIDENT BUT IN THE LAST WEEK I HAVE BEEN ASKED TO STOP PLAYING TWICE BUT WITH MY SMALL AMPLIFIER IN BROAD DAYLIGHT. BEING ABLE TO PLAY IS PART OF FURTHERING MY MUSIC CAREER AND A PART-TIME JOB. THE TIPS I MAKE ALSO GO TOWARDS MY FUTURE COLLEGE EDUCATION. A QUICK SOLUTION TO THE NOISE COMPLAINT WOULD BE TO OFFER PERMIT HOLDERS ALTERNATIVE PLACES TO PLAY. FOR MUSICIANS MUSIC IS NOT ONLY AN OUTLET BUT A WAY TO PROVIDE A ROOF OVER THEIR HEADS. IT WAY TO SHARE THEIR SOUND. MUSIC SHOULD NOT BE MEASURED BY NOISE PROXIMITY BECAUSE ME AND OTHER MUSICIANS, PUT A LOT OF TIME INTO OUR WORK AND DESERVE THE SAME RESPECT AS ANYONE ELSE IN THEIR FIELD. AS FAR AS THE NOISE ORDINANCE LOCAL MUSICIANS LIKE ME TOO PLAY DOWNTOWN BELIEVE A FAIR COMPROMISE WOULD BE A CURFEW. THIS WOULD ALLOW EVERYONE TO AGREE ON A FAIR TIME TO END LIVE MUSIC WHICH COULD BE DISTURBING TO SOME. MUSIC IS AND HAS ALWAYS BEEN A VITAL PART OF ENTERTAINING OUR TOURISTS AND LOCALS ALIKE WHETHER DOWNTOWN OR AT A BAR. THERE IS A SMALL MINORITY OF PEOPLE TRYING TO WIPE IT OUT. PLEASE CONSIDER THIS. THANK YOU. >> MA'AM, STAYED THERE FOR A SECOND PERIOD. >> I WANTED TO SAY I AM SORRY HAVE TO SAY THIS HAPPEN TO YOU. WE HAVE TO FIND A WAY. I WANT TO SAY, YOUR SPEECH WAS A GREAT JOB. >> I APPRECIATE YOU FOR LETTING ME TALK. I BELIEVE THIS IS A REAL ISSUE. FOR MANY OF THE YOUNG PEOPLE COMING UP IN MUSIC, I AM SELF-TAUGHT I HAVE BEEN PLAYING FOR FOUR YEARS. I FEEL LIKE, IT IS WORTH THOUGHT AND CONSIDERATION AND A DECISION SHOULD NOT BE MADE TO SILENCE THE MUSICIANS ACROSS TOWN AND MORE THOUGHT SHOULD BE PUT INTO IT PICKED IT ALEX, I HAVE A COUPLE OF QUESTIONS. I WANT TO UNDERSTAND THE CIRCUMSTANCES. SO THE CITY ATTORNEY THERE IS NO BAN ON AMPLIFICATION OF MUSIC IN THE POCKET PARK? SO THERE'S NO MAN BAN ON THAT. SO, THE SUBJECTIVE HEARING OF THE MUSIC, IS THAT ALWAYS MEASURED 100 FEET OR FROM THE COMPLAINTS ADDRESS? >> IT IS MEASURED 100 FEET OR MORE. >> THAT IS WHAT I WAS TOLD. DANCE OF THE PROCESS WAS FOLLOWED? THEY WENT 100 FEET. >> I WAS NOT THERE UNSEEN BUT THAT IS MY UNDERSTANDING. CITY MANAGER? DO YOU KNOW THE DETAILS? >> THE ONLY DETAILS I HAVE ARE THE POLICE REPORTS BUT APPARENTLY THERE WERE OTHER INSTRUMENTS INVOLVED,. >> THE FIRST TIME. >> THEY HAD COME TO PLAY WITH ME WE ENCOURAGE OTHERS TO PLAY WITH THE SPIRIT. >> TO BE FAIR, I HAVE NOT SEEN THE POLICE REPORT. >> THANK YOU. AGAIN ALEX, IF YOU WERE TO PLAY AT THE MARINA, WOULD YOU BE SUCCESSFUL I BELIEVE I WOULD BE JUST AS SUCCESSFUL EVERYONE COME AND GATHERING THE SMALL PARK I UNDERSTAND THERE'S A LOT OF BRICK BUILDINGS AND SOUND TRAVELS AND COME SHOOTING BACK I BELIEVE THE MAIN ISSUE, THEY WORRIED ABOUT THE MUSIC WAS GOING STRAIGHT INTO THEIR SHOPS AND THEY COULD NOT HEAR THEIR CUSTOMERS. THERE ARE SIMPLE FIXES. I WOULD GLADLY COMPLY TO ANYTHING. CANCEL CITY ATTORNEY UNDER STREET PERFORMANCE, SHE COULD PERFORM AT THE MARINA. >> >> THERE ARE THREE PLACES I'M ALLOWED TO PLAY. [01:15:08] >> HOW DO WE GET THE MARINA INCLUDED. WOULD THAT BE A SOLUTION I BELIEVE THAT IS THE SOLUTION I AM UNDER THIS AND I WOULDN'T BE IN PEOPLE'S PLAY AND I WOULDN'T BE BY BUSINESSES THAT WOULD GIVE THE BUSINESSES A BREAK. >> THANK YOU DOES THAT SOUND LIKE SOMETHING. >> I WANT TO ADD WE DO HAVE SOME CONSIDERATIONS AND UNACCOMPANIED THAT CONTRACT WITH THEM. WE WOULD HAVE TO LOOK TO BRING IT BACK INTO CONSIDERATION WITH ANY PARAMETERS. >> THE ONLY REASON I SAY NO ON THE 20TH IS WE HAVE ALREADY FILTHY AGENDA UNTIL MAY 6. >> OKAY. >> MAY SIXPACK. >> THANK YOU FOR LISTENING. >> OKAY, WE WILL CALL HIM. DANCER IF YOU WILL STATE YOUR NAME AND ADDRESS PLEASE. AS MY NAME IS DON DEVOL I AM AT 229 SOUTH FIFTH STREET, RIGHT DOWN THE ROAD. I WANT TO MAKE SURE THAT IS PUT INTO THE RECORD SO YOU KNOW I AM ACTUALLY WITHIN THE MUSIC AND NOISE ORDINANCE AREA. I ACTUALLY BOUGHT THIS PROPERTY IN DECEMBER. I AM A PROUD RESIDENT OF THIS AREA. I HAVE ACTUALLY, I WANT TO LET YOU KNOW I HAVE INCURRED MORE NOISE FROM THE FACTORY DOWN THE ROAD, THAN ANY MUSICIAN THAT HAS SET OVER HERE AND ACTUALLY PLAYED CLOSE TO THIS FACILITY AT THE BOATHOUSE. SO, MY WIFE AND I, I TURN 51 THIS MONTH WE PURPOSELY BOUGHT HERE BECAUSE OF THIS BLOCK, THIS SECTION HERE. AND LET ME SAY, THANK YOU FOR BEING PART OF THIS I SUPPORT YOU AND THANK YOU FOR SUPPORTING US. ANYWAYS, IT WAS IMPORTANT FOR ME TOO LET YOU GUYS KNOW THAT WE PURPOSELY BOUGHT HERE SO WE COULD ENJOY THIS. WE COME DOWN HERE AND ENJOY THIS AREA BECAUSE WE WANT TO SUPPORT THE COMMUNITY. THERE'S A LOT OF BUSINESS THAT COMES IN BECAUSE OF THE MUSIC. AS FAR AS THE TAX GOES, THE BUSINESSES SUPPORT EVERYTHING WE DO. I THINK YOU ARE A CUT UNDERCUTTING IF WE GET RID OF THE MUSICIANS THAT PLAY HERE. I AM DEFINITELY FOR CAPPING IT OFF AT A CERTAIN TIME AT NIGHT AND SO FORTH, I THINK IT IS IMPORTANT FOR THE RESIDENTS BUT AT THE SAME TIME, I AM DEFINITELY FOR THE MUSICIANS. WE ENJOYED THAT I AM 50-YEARS-OLD. , I AM IN THE OLD STAGE. I HAVE A 16 YEAR OLD AND A 17-YEAR-OLD, MY WIFE AND I WE PURPOSELY WANTED TO BE HERE BECAUSE THIS REMINDED US OF THE PLACE WE GREW UP IN. THIS COMMUNITY, THIS IS WHERE WE WANTED TO LIVE AND ENJOY OUR YEARS AS WE GET OLDER WITH THIS SPIRIT I WANT TO MAKE SURE YOU KNEW THIS GOING FORWARD. WE -- MY WIFE AND I ARE PART OF YOUR TAX BASE. AGAIN, I DO NOT WANT TO CUT OUR OWN THROATS ON WHY PEOPLE COME HERE. I WENT TO THE RITZ-CARLTON FOR THE LAST 13 YEARS. WE CAME DOWN HERE AND WE ENJOYED THIS AREA. WE SPENT LOTS OF MONEY HERE. LOTS OF MONEY. SO, THAT IS WHY WE BOUGHT HERE. WE WANTED TO BE PART OF THE COMMUNITY THAT WE LOVE AND ADORE. >> THANK YOU, SIR. >> MR. MICHAEL RITTER. >> STATE YOUR NAME AND ADDRESS [01:20:12] FOR THE RECORD. >> MY NAME IS MICHAEL RITTER. I LIVE AT 409 CEDAR STREET AND DOWNTOWN FERNANDINA BEACH. CEDAR STREET IS CLOSE TO HERE, YOU HAVE HEARD MANY TIMES AT THE LAST MEETING, PEOPLE MOVE HERE BECAUSE THEY LOVE THE MOVE -- MUSIC AND VIBRANCY OF DOWNTOWN. I DID READ THE ORDINANCES. INCREASING 100 FEET TO 150 FEET I DON'T THINK COULD WORK BECAUSE YOU CAN HEAR ME IF I TALK. YOU HAVE A LEVEL OF 65 AT THE POINT OF THE COMPLAINT. I'M AN ENGINEER I HAVE A LEADER OF THE A LOT OF MEASUREMENTS FOR I HAVE MEASURED OVER 65 JUST FROM A FEW GROUPS OF PEOPLE. A FEW GROUPS OF PEOPLE SITTING AT THE BOATHOUSE, AT THE EDGE OF THEIR LIFE. YOU CANNOT POSSIBLY MEASURE MUSIC WHEN YOU'RE NOISE LEVEL, IT IS CALLED A NOISE FLOOR AT 65 DB OR MORE OF THE PEOPLE CAN BE WELL OVER 70. I TRULY BELIEVE THE ONLY WAY TO SOLVE THIS IS TO PUT AN EXEMPTION IN THE EXISTING ORDINANCE THAT SAYS MUSIC IS ALLOWED BEFORE 10:00 P.M. AFTER THAT IT GETS SHUT DOWN, 11:00 P.M. ON WEEKENDS. IT IS CLEAN, IT IS SOMETHING WE CAN LIVE WITH, WE HAVE LIVED WITH IT FOR YEARS OTHER THAN THE FACT THAT RECENTLY PEOPLE HAVE BEEN COMPLAINING ABOUT THE 100-FOOT ORDINANCE. IF YOU NEED TO ATTACH A NUMBER TO THIS, MAINLY BECAUSE OF THE NOISE FLOOR, YOU HAVE TO HAVE THAT NUMBER PROBABLY AT 90 AT THE COMPLAINT AND POINT. OTHERWISE, YOU CANNOT SEPARATE ROAD NOISE, CROWD NOISE AND EVERYTHING ELSE FROM THE MUSIC. IT IS ALL LUMPED TOGETHER. IT IS ERROR-PRONE. I AM ASKING YOU TO DO THE RIGHT THING AND MAKE THIS A TIME-LIMITED ORDINANCE. >> ANY QUESTIONS OR COMMENTS? TEN SHE WAS HERE BUT I SAW HER WALK OFF WITH HER FILING. >> WHILE WE WAIT FOR MY WIFE MR. >> NAME AND ADDRESS FOR THE RECORD. JONATHAN WROTE MY ADDRESS IS RIVERSIDE DRIVE FERNANDINA BEACH FLORIDA. I WANT TO TAKE A MOMENT SAFE, I HAVE LIVED IN THIS COMMUNITY FOR APPROXIMATELY 30 YEARS. IN FACT MY WIFE WAS ONE OF THE PRESENTERS AT THE SHOW. I SPOKE WITH HIM AND HE REMEMBERED HER. HE SAID I HAVE A PICTURE OF HER ON THE WALL. IF YOU WOULD LIKE A COPY. I FEEL LIKE I HAVE BEEN PART OF THE COMMUNITY AND PART OF IT IS THAT CAR SHOW. ALSO, MUSIC AND MY DAUGHTER SAYING ON CENTER STREET, 12 YEARS AGO WHEN SHE WAS 9-10. WHAT MAKES THIS TOWN IS THE CAR SHOW, THE ARTS, AND I DO BELIEVE, THE BEST WAY TO HANDLE IT IS A TIME CONSTRAINT. TEN ON THE WEEKDAYS AND 11 ON THE WEEKEND. EVERYONE SHOULD BE HAPPY WITH THAT. LIKE I SAID, EVERYONE HERE HAS TAKEN TIME TO LISTEN. IT'S IMPORTANT TO EVERYONE. I HAVE EVEN HAD ONE OF MY DAUGHTERS WHO WAS TAKEN CARE OF BY DR. ROSS. I FEEL LIKE I AM PART OF THE COMMUNITY. IT IS VERY IMPORTANT. THAT IS AN INTEGRAL PART OF THIS TOWN. WE HAVE MUSIC, ENTERTAINMENT, HOTELS, MOTELS, RESTAURANTS THAT ARE FANTASTIC AND TO START TAKING THE MUSICAL WAY, IS TOO MUCH AND THE TIME CONSTRAINT IS [01:25:08] THE BEST WAY TO TAKE CARE OF IT. THAT IS MY THOUGHTS ON IT. >> ALL RIGHT, I AM GOING TO CONCLUDE PUBLIC COMMENT AT THIS TIME. WE ARE ON ITEM 8.1. DO YOU WANT TO READ IT? DO WE NEED TO READ IT QUICK STANCH I CAN MOVE AND READ BOTH. >> ORDINANCE NUMBER 21 -- 13 AND ORDINANCE OF THE CITY AMENDING CHAPTER 42 ARTICLE FIVE NOISE BY AMENDING SECTIONS 140 LEGISLATIVE FINDINGS AMENDING SECTION 141 DEFINITIONS, AMENDING SECTION 142 RELATING TO APPLICABILITY AMENDING SECTION 143 FOR CLARITY, AMENDING SECTION 144 TO INCLUDE MEASUREMENT STANDARDS, AMENDING SECTION 1452 ENUMERATE RESTRICTIONS, AMENDING SECTION 46 RELATING TO ENFORCEMENT, AMENDING SECTION 147 FOR CLARITY, AMENDING SECTION 148 PROVIDING EXCEPTIONS AMENDING SECTION 149 PROVIDING VARIANCES AND CREATING SECTION 150 ADMINISTRATIVE POLICIES AND PROVIDING FOR SEPARABILITY AND PROVIDING FOR AN EFFECTIVE DATE. MAY I JUST CHECKED I WANT TO MAKE SURE, MR. ROWE, YOU MUST HAVE A SEAT, PLEASE CONTINUE. >> I JUST WANT TO MAKE SURE, I DID NOT REVERSE THE STANDARDS HERE I THINK WE ARE GOOD. THIS WAS JUST THE AUDIBLE STANDARD 150 FEET IS WHAT WE PROPOSE BUT THAT REALLY IS HIGHLIGHTED FOR YOUR CONSIDERATION. UNDERSTAND. >> DO WE HAVE A MOTION ON A .1? >> RECOMMEND APPROVAL. >> DO I HAVE A SECOND? >> SECOND WITH DISCUSSION. >> IVO MOTION AND A SECOND FOR DISCUSSION. COMMISSIONER. >> THANK YOU MAYOR. THE PEOPLE HERE TONIGHT NEED THE DECIBEL. IT IS A REASONABLE SOUND COMBINED WITH TIMES IS WHAT THE PUBLIC IS ASKING FOR. THE PUBLIC WANTS TO, WE HAVE TO AGREE, WE NEED SCIENTIFIC BARRIERS AS TO HOW LOUD WE ARE AGREENG IS ACCEPTABLE IF WE LEAVE IT WE WILL CONTINUE TO HAVE THE SAME ISSUES. WHO DETERMINES THIS. WHO MAKES THAT DECISION. WE NEED TO HAVE A SCIENTIFIC INSTRUMENT WE NEED THE DECIBEL BARRIER. >> FOR A LONG TIME WE HAVE HAD THIS WITH MINIMAL PROBLEMS. I HAVE SPOKEN TO LOTS OF DIFFERENT OWNERS AT THE FACILITIES, THEY SEEM TO BE MAKING EFFORTS TO ALLEVIATE THE PROBLEM WITH COMPLAINTS WHICH COULD BE CALLED NUISANCE COMPLAINTS. WE HAVE ALWAYS HAD THE TIME ELEMENTS, I KNOW A LOT OF PEOPLE THOUGHT IT WAS NEW. THIS EXTENDS IT TO 150 FEET. MY DRUTHERS IS, I THINK I SAID IT, LET'S SEE WHAT WE CAN WORK OUT THEY ARE TALKING TO SOUND ENGINEERS. THE GREEN TURTLE IS DONE A LOT OF WORK, THERE TENDS TO BE MINIMUM COMPLAINTS. THIS IS BASICALLY THE SAME ORDINANCE. I THINK THE DPS AND SOUND METERS WILL KILL MUSIC IN THIS TOWN. THE NUMBERS, AND HOW IT IS DONE, I THINK IT WILL BE DRASTIC. ONE THING I WANT TO SAY, THERE ARE PEOPLE WHO HAVE LEGITIMATE RIGHTS AND THEY HAVE THE RIGHT TO COMPLAIN. YOU CANNOT IGNORE THE CITIZENS. WE HAVE HAD MINIMAL PROBLEMS. [01:30:48] >> RIGHT HERE WHERE IT SAYS NOISE, IT DOES NOT SAVE MUSIC IT SAYS NOISE. DOES IT HAVE TO SAY NOISE FOR A CERTAIN REASON. IT SAYS NOISE. WHEN YOU HONE THESE DIFFERENT THINGS OUT, LIKE SOMEONE'S AIR CONDITIONING UNIT THAT IS LOUD, THE DIFFERENT AREAS WE HAVE THESE PLACES, WHAT REGULATES THAT SPECIFICALLY IN THIS ORDINANCE QUICK STANCH WE HAVE TO USE A TERM TO DESCRIBE THE SOUNDS THAT WE WILL BE HEARING. SO, THAT CAN BE ADJUSTED. NOISE IS DEFINED IN OUR DEFINITIONS. WHEN WE SAY NOISE WE'VE MEAN MORE THAN MUSIC. THE ISSUE HAS BEEN MORE THAN THAT THAT IS WHERE THE COMPLAINTS COME FROM. THEY ARE NOT IN THE CHAMBERS TOO. THERE ARE COMPLAINTS THAT HAVE NOTHING TO DO WITH DOWNTOWN AND -- IF YOU WANT I CAN READ THE DEFINITION. THIS ENCOMPASSES EVERYTHING. GOD LOVE MUSIC. I CAN'T THINK OF SOMETHING BETTER. OF COURSE I HAVE LIVED ACROSS OTHER CITIES AND COUNTIES AND STUFF LIKE THAT. IF SOMEONE HAS A BETTER TERM THAT ENCOMPASSES ALL OF THE MUSIC, DOG BARKING, SOUNDS. >> I AM CONCERNED, AND THE REASON I ASKED, MAYBE SAINT AUGUSTINE IS NOT ENFORCING THE RULES. I THINK YOU ARE CORRECT, UNFORTUNATELY, IT IS A FINE LINE ON WHAT THE ANSWER IS AND I DON'T KNOW IF WHAT WE CAN DO CAN BE DONE IN ONE MEETING. IF WE APPROVE ARE THESE TWO BUSINESSES WORKING, WHAT WITH THE NOISE BE. I THINK WE WOULD HAVE A LOT MORE COMPLAINTS I'M CONCERNED WE WOULD HAVE MORE COMPLAINTS. IF WE WILL THEY FOLLOW THE COMPLAINT. THIS COULD LEAD TO A COURT CASE. >> YOU DEFINITELY HAVE IN TERMS OF A SPECIFIC VIOLATION FEAR USING A SOUND METER, THEY USE DB TO MEASURE THE NOISE. YOU WILL HAVE DEFENSE LAWYERS, DEFENSE LAWYERS HAVE A LOT MORE TO PICK OUT WHEN YOU USE A SOUND THERE IS A PROBLEM READING THESE AND I AM JUST SAYING THIS FOR PURPOSE OF THE DEFENDING NOISE WHETHER IT IS MUSIC OR DOGS BARKING, THERE HAS TO BE AN AMBIENT NOISE READING WITHIN A CERTAIN NUMBER OF DB ABOVE, IT IS COMPLICATED. SINCE THIS IS NOT A QUASIJUDICIAL HEARING, THE POLICE DID CONTACT SAINT AUGUSTINE. IT IS VERY DIFFICULT TO ENFORCE. I'M ONLY TALKING ABOUT MY OWN PERSONAL EXPERIENCE. I HAVE GONE TO SAINT AUGUSTINE, SPENT A NIGHT OR TWO THERE AND [01:35:04] OUTSIDE OF THE WEEKEND I COULD NOT FIND THEM MUSIC. I CANNOT FIND IT. IT WAS HARD TO FIND. I MEAN,, FOR SURE AT 65 DECIBELS, THAT IS THE SOUND OF A LOUD HUMAN VOICE AND THAT IS THEIR STANDARD. THAT IS PROBABLY WHY I COULD NOT FIND THE MUSIC. >> I AM STARTING TO SEE WHERE THERE IS NO PROBLEM BUT I AM POSITIVE THERE IS A PROBLEM, THIS IS WHAT HAPPENED ON FRIDAY. WE HEARD FROM ALEX. A 16-YEAR-OLD GIRL WITH A GUITAR GOT SHUT DOWN BASED ON THE CURRENT NOISE ORDINANCE. IT'S UNREASONABLE AND I THINK IT IS UNFAIR AND AFFECTING THE BUSINESSES. WE CAN SAY IS NOT A PROBLEM BUT IT IS A PROBLEM. WE NEED TO TAKE ACTION. JUST DOING THE SAME OLD THING IS NOT GOOD ENOUGH. COMMISSIONER ROSS. >> I WASN'T GOING TO SEE ANYTHING BUT YOU HAVE BROUGHT IT UP TWICE. THE YOUNG LADY WAS VERY NICE. BUT THERE IS MORE TO THE STORY. I GOT THE E-MAILS, AND E-MAIL CAME AT 3:41 A.M., AND I PASSED IT ON TO THE CITY MANAGER AND THE POLICE CHIEF OF POLICE CHIEF SAID HE WOULD LOOK INTO IT THEN IT CAME BACK HE COULD NOT HEAR HIS CUSTOMERS, AND THAT IS WHAT CAUSED HIM TO CALL IN THE COMPLAINT. IT WAS A LITTLE MORE COMPLICATED THAN WHAT WAS PRESENTED. THERE IS A COMMUNITY HERE. WE HAVE, IN THE LAST YEAR, TALKING TO THE POLICE, WE HAD 140 NOISE COMPLAINTS, MOST NOT DOWNTOWN. THERE HAS ONLY BEEN SIX CASES, IS THAT CORRECT? TWO OF THEM ARE HERE. I DON'T THINK, AND I AM AMBIVALENT ABOUT A NOISE METER, I WAS ON THE RECEIVING END OF THE BAR AND I KNOW ABOUT NOISE METERS I HAD ONE I DID ALL OF THAT STUFF I HAVE BEEN ON BOTH SIDES OF THIS. WITH TALKING TO OTHER BAR OWNERS, THE FACILITY CAN WORK SOMETHING OUT I THINK IT IS A REASONABLE ACCOMMODATION TO TRY AND GO FORWARD. I AM AMBIVALENT. I THINK NOISE METERS COMPLICATE THINGS PROBABLY MORE TALKING TO THE POLICE. I THINK SUPPORT, IS WHAT WE HAVE, TWEAK IT AND SEE IF THINGS WORK OUT OVER THE NEXT FEW MONTHS. IF NOT, WE CAN ALWAYS COME BACK. REMEMBER, BY NOISE METERS WE WILL SPEND A LOT OF MONEY, WILL SPEND A LOT OF MONEY AND A GOOD NOISE METERS ABOUT $1,000 PER POPULAR YOU WILL NEED ONE FOR ALL OF THE OFFICERS AND THEN THERE IS THE TRAINING. SO, I AM NOT OPPOSED TO A NOISE METER BUT I AM NOT SO SURE, THAT WILL FIX THE PROBLEM. WHAT I WILL DO, I WILL BRING WHAT WE PICK AND IF YOU HEAR ANY 5 DECIBELS SITTING HERE, YOU PROBABLY CANNOT HEAR YOURSELF. YOU CANNOT HEAR CONVERSATIONS. REMEMBER PEOPLE ARE TRYING TO SLEEP THEY'RE TRYING TO DO OTHER THINGS IT IS A PRETTY WE INCREASE THE DENSITY TO GET PEOPLE TO LIVE DOWNTOWN. I'M THE ONLY ONE HERE WHO LOVE -- LIVE DOWNTOWN AND I HEAR THE MUSIC OFTEN BUT I DON'T CALL AND COMPLAIN BUT MOST PEOPLE DON'T [01:40:07] COMPLAIN, JUST LIKE YOU POINT OUT, PEOPLE ARE AFRAID TO COMPLAIN, PEOPLE ARE AFRAID TO COMPLAIN ABOUT CALLING AND NOISE ORDINANCE BECAUSE PEOPLE VANDALIZE THEIR HOUSE. THEY ARE AFRAID. I HAVE LIVED DOWNTOWN, I AM AMBIVALENT. I WOULD LIKE TO SEE IF WE CAN WORK AS A COMMUNITY, TO TWEAK AND IMPROVE WHAT WE HAVE EFFECT DOESN'T WORK, AND WE WILL MOVE ON. COMMISSIONER. >> I WANT TO REMIND EVERYONE WHAT HAPPENED THREE WEEKS AGO. WE HAD THE BIGGEST KYLE WE SAW, THE PEOPLE CAME OUT TO SAVE THE MUSIC. WHAT WERE THEY SAVING THE MUSIC FROM, OUR CURRENT NOISE ORDINANCE AND WE WILL TWEAK THE NOISE ORDINANCE. THAT IS SIMPLY IN MY OPINION NOT GOOD ENOUGH. THEY HEARD US PRESENT SOMETHING THAT COULD SOLVE THIS PROBLEM. IF WE DON'T MAKE A CHANGE, WHAT ARE WE DOING APPEAR. I JUST WANT TO POSE THAT QUESTION. I AM CURRENTLY NERVOUS THAT WE CHANGE AND I SAID THIS BEFORE, ME TALKING RIGHT NOW YOU CAN HEAR ME FROM 300 FEET AWAY. I'M A RANDOM HUMAN VOICE AND I CAN BE HEARD. WE ARE IN A POSITION WHERE EVERY SINGLE NOISE, NO MATTER WHERE IT IS, IT IS IN VIOLATION OF THE NOISE ORDINANCE. THAT MEANS THAT COMPLAINTS CANNOT -- CAN BE USED TO SHUTDOWN ANYTHING. IF THERE IS SOUND, AND SOMEONE HEARS IT THEY HAVE THE ABILITY TO SHUT IT DOWN. THAT IS THE ISSUE. IF WE ADJUST IT A LITTLE BIT, THAT WILL SOLVE THE PROBLEM, WE WILL BE BACK IN THREE MONTHS. SOME PEOPLE ARE OUT HERE TONIGHT. I AM LOOKING FOR A SOLUTION AND SOMETHING WE CAN HAVE CHANGE AND MOVE FORWARD TO THE FUTURE. WE DON'T GET THAT CHANGE, WE WILL KEEP SPINNING OUR WHEELS. I CANNOT HAVE THAT. THANK YOU. >> SIX COMPLAINTS IN HOW MANY YEARS? TO CLARIFY THAT POINT, THERE HAS BEEN HUNDREDS OF COMPLAINTS IN THE PAST FIVE YEARS. THERE HAVE BEEN SIX CITATIONS. AS THE COMMISSIONER POINTED OUT, THE GREEN TURTLE AND SEVERAL PEOPLE HERE PLATED HAVE SUCCESSFULLY OPERATED UNDER THE CURRENT TERMS OF THE NOISE ORDINANCE SOMEONE CALL ME, DOES NOT HAVE THE ABILITY TO SHUT DOWN A MUSICIAN. THAT POWER RESTS WITH THE POLICE. WHEN YOU LOOK AT THE THOUSANDS OF COMPLAINTS THAT HAVE BEEN CALLED INTO THE POLICE DEPARTMENT OVER THE LAST FIVE YEARS AND ONLY SIX CITATIONS DEMONSTRATES THAT OUR POLICE DEPARTMENT WORKS WELL IN CONJUNCTION WITH THE DOWNTOWN BUSINESSES TO MAKE SURE IT IS NOT ABUSED. SIX CITATIONS IN FIVE YEARS DATING BACK TO 2016. THINK YOU CITY MANAGER THAT IS NOT A CRISIS. IT IS A LITTLE CLIP WE NEED TO FIX. MASSES OF PEOPLE CAME BECAUSE OF SOCIAL MEDIA LIKE WE WERE TRYING TO KILL MUSIC. DB WILL KILL MUSIC. YOU THINK THE YOUNG LADY WOULDN'T GET SHUT DOWN. IT IS CRAZY TO GO TO A DRASTIC THING LIKE THAT. IT IS A MINUTE PROBLEM THAT A FEW PEOPLE PUSH THE ENVELOPE AND NOW THEY ARE WORKING TO RESOLVE THE PROBLEM. CHIP IS RIGHT. WE WILL HAVE TO BUY A LOT OF STUFF, TRAIN PEOPLE AND SCIENCE WILL DRIVE MUSIC OUT. THAT'S MY OPINION. SO, THIS IS A GOOD STEP, WE MOVE [01:45:02] FORWARD, IF IT DOESN'T WORK, IF WE DO GO TO DB, I LIKE THE IDEA WHERE YOU COULD PUT A DECIMETER IN EVERY PLACE. IT JUST DOES NOT MAKE SENSE. THIS IS NOT A WORLD CRISIS. THIS WAS A MINOR PROBLEM BECAUSE A NEW PLACE CAME IN. AND THE DESIGN IS TERRIBLE, THEY ARE LOOKING AT PUTTING UP OTHER THINGS AND WORKING WITH THE PEOPLE. LET'S LET THEM WORK AND SEE WHAT HAPPENS. LET'S NOT GO DO SOMETHING DRASTIC, THEN THEY WILL REALLY BE MAD AT US. >> THANK YOU, I HAVE A FURTHER QUESTION. WE HAVE HUNDREDS OF CITATIONS AND COMPLAINTS BUT ONLY SIX CITATIONS. ONE MORE QUESTION FOR THE CITY MANAGER. IS THE CITATION THE SAME THING AS STOPPING THE MUSIC CORKS. >> YES. >> IS IT POSSIBLE THERE IS A COMPLAINT WHERE WE STOP THE MUSIC BUT DON'T ISSUE A CITATION? >> I WOULD HAVE TO LOOK FURTHER INTO THAT. YOU ARE RIGHT. THEY COULD STOP THE MUSIC WITHOUT A FORMAL CITATION. I CAN SEE THAT POINT. I WOULD IMAGINE, OUT OF THESE COMPLAINTS, THE VAST MAJORITY OF THEM, STOP THE MUSIC. THAT IS WHY THE PEOPLE CAME OUT, TO SAVE IT. THE PURPOSE OF THE DECIMETER AND I DON'T THINK ANY OF US ARE ADVOCATING FOR THAT MAYBE 80, I HAVE PURDUE UNIVERSITY ABOUT WHAT IT SOUNDS LIKE IT'S A GARBAGE DISPOSAL NOTHING CRAZY WHAT WE ARE ASKING FOR. WHEN I AM ASKING FOR, AND WHAT THIS WOULD BE, IT WOULD GIVE A LEVEL, WHERE WE DON'T HAVE TO STOP THE MUSIC. IF A COMPLAINT IS CALLED IN, AND IT IS BELOW 80 DECIBELS, WE DON'T HAVE TO STOP. THAT IS THE BENEFIT OF THE DECIMETER. BY CURRENT ORDINANCE, I IMAGINE WE ARE STOPPING A LOT MORE. THANK YOU. >> CITY MANAGER, SO BASICALLY, YOU ARE SAYING FIVE OR SIX CITATIONS THAT HAVE STOPPED THE MUSIC SINCE 2016, IS THAT CORRECT? >> I KNOW THERE HAS BEEN SIX CITATIONS I DON'T HAVE THE LEVEL OF DETAILS. WHEN CHIEF PRESENTED THE DATA HE LISTED IT YEAR BY YEAR, THE NUMBER OF CALLS, COMPLAINTS AND CITATIONS WRITTEN. >> OKAY, I LIKE WHERE BRADLEY WAS HEADED WITH THE NOTE CITATIONS IF THERE IS A TRIAL. THAT IS WHAT I THINK WILL WORK. IS THERE SOME WAY TO GAUGE THIS AND WORK WITH THE RESIDENTS OR SPECIFIC BUSINESSES. WHY CAN'T WE WORK WITH THE BUSINESSES AND COME UP WITH A SOLUTION OR A RESOLUTION, AND BYPASSING THIS, WHATEVER ONE IT IS, THE SOUND DECIBEL METER OR JUST EXTENDING THE BEAT. WE WILL BE BACK. THIS WILL NOT GET RESOLVED REGARDLESS, I DON'T THINK EITHER WAY IT WILL GET RESOLVED WITH THE CURRENT READING, IT JUST DOES NOT SEEMED LIKE IT. THANK YOU. >> ANY OTHER COMMENT? >> I WOULD LIKE TO SPEAK. I HAVE SAT PATIENTLY. I HAVE LISTENED TO MY FELLOW COMMISSIONERS. FOR A VERY LONG TIME. >> ACTUALLY IT WAS ONLY 15 MINUTES. >> SO, WE ARE ONCE AGAIN DECIDING SUBJECTIVE VERSUS OBJECTIVE. OBJECTIVE METRICS SHOULD ALWAYS BE APPLIED. NOW, LET ME SAY THIS ABOUT THE DECIBEL LEVEL. I WENT OUT AND MEASURED DECIBEL LEVELS, ON A SATURDAY NIGHT. I STOOD RIGHT AT THAT DOOR AT THE BOATHOUSE I MEASURED FOR 60 SECONDS. THE BOATHOUSE AVERAGED 85 DECIBELS. I WENT OVER TO THE GREEN TURTLE AND STOOD ACROSS THE STREET, AND [01:50:01] THIS WAS 7:00 P.M., THE GREEN TURTLE MEASURED 86 DECIBELS. THEN AT 10:00 P.M., I WENT TO ASH STREET AND 3RD AND BOTH WERE QUIET. IT WAS 76 DECIBELS. I THEN MEASURED EACH VENUE AND THEY WERE ABOUT THE SAME. ONCE YOU HAVE A MEASUREMENT, AND YOU CAN DO THAT CONTINUALLY THAT WAS A ONE-OFF EVENT. ONCE YOU DETERMINE WHAT THE SOURCE LEVEL IS, NO YOU CAN DETERMINE, WHAT IS THE ACCEPTABLE DECIBEL LEVEL FOR RESIDENTIAL AND BUSINESS. SIXTY-FIVE IS TOO LOW. I THINK WE ALL AGREE ON THAT. THAT IS A DIFFERENT CONVERSATION. IF WE SET IT AT 75, AND TRIED IT OUT, THIS IS AT THE COMPLAINT AND PROPERTY LINE, NOT AT THE SOURCE. THE COMPLAINT AND PROPERTY LINE, WE CAN TRY THAT, AND WHEN YOU USE METRICS YOU TRY, YOU GAUGE THE EFFECTIVENESS AND YOU ADJUST. YOU TRY, GAUGE AND ADJUST. BUT THAT IS AN OBJECTIVE MEASURE, THE BAND KNOW IT, THE VENUE OWNERS KNOW WITH THE CITIZENS KNOW IT AND THE BUSINESS OWNERS KNOW IT. I WILL TALK ABOUT THE HAMPTON INN. WHAT WE HAVE BEEN TALKING ABOUT IS THE SINKING HOUSE. IF YOU WANT TO CITE THE SIX CITATIONS, TWO WERE CALLED IN BY ME. TWO BY MYSELF. I CALLED ON THE BOATHOUSE THREE TIMES. ONE DURING ONE OF OUR MEETINGS. SO TO THE COMMISSIONERS POINT, THAT IS WHERE WE SENT THE OFFICER OVER. THERE WAS NO CITATION. BUT TO KEEP THE NOISE ORDINANCE THE SAME IS INSANITY. WE HAVE BEEN ASKING FOR THE SAME SINCE THEY OPEN. I MET WITH MAIN STREET AND SOME OF THE VENUES, WE MET LAST WEEK AND TALKED ABOUT THIS. WE WERE PRETTY MUCH IN AGREEMENT THAT THE SOUND MEASUREMENT WOULD BE HELPFUL AND WOULD GIVE THEM AN OBJECTIVE MEASURE THIS IS THE ONLY ONE THAT REQUIRES THE PERFORMERS TO USE THE SAME HAND. THE REST ARE BRINGING THEIR OWN AMPS AND SPEAKERS. SO, I AM IN FAVOR OF THIS. IF WE DON'T GET IT RIGHT THE FIRST TIME WE WILL GET IT RIGHT THE SECOND TIME. THAT WAY WE HAVE A FAIR METRICS. THAT IS MY POSITION. ANY OTHER COMMENTS, I WOULD ASK THE CITY CLERK TO CALL THE VOTE. >> (ROLL CALL). >> THAT FAILED TO-3. A .2 -- 8-POINT TO. -- 8.2. >> ORDINANCE 2021 -- 14 AMENDING [01:55:04] CHAPTER 42 ARTICLE FOUR NOISE BY REPEALING SECTIONS 42-141 THROUGH 149 REGARDING PURPOSE OF SCOPE, RESPONSIBILITY FOR COMPLIANCE ENFORCEMENT FINES AND ADMINISTRATIVE POLICIES, CREATING NEW SECTION 42-151 NOISE TERMINOLOGY AND STANDARDS, CREATING A NEW SECTION 42-152, MAXIMUM PERMISSIBILITY SOUND CREATING NEW SECTION 42-153 SPECIFIC CRIBBAGE -- PROHIBITIONS REGARDING NOISE, CREATING NEW SECTION 42-154 METHOD OF SOUND LEVEL MEASUREMENT CREATING NEW SECTION 42-155, EXEMPT NOISES CREATING NEW SECTION 42-157 ENFORCEMENT RESPONSIBILITY, CREATING NEW SECTION 42-160, VARIANCES, PROVIDING FOR SEVERE ABILITY AND PROVIDING FOR AN EFFECTIVE DATE. >> THANK YOU. I MOVED TO APPROVE AT 80 DECIBELS AND MAKING SURE WE RETAIN SECTION SIX. >> ALBUM MOTION, DO I HAVE A SECOND? >> I SECOND. TANGIBLE MOTION AND A SECOND-PERIOD DISCUSSION. COMMISSIONER ROSS. >> MY QUESTION IS, THIS IS GOING TO BE UNIFORM ACROSS THE CITY, WHAT ARE THE TIME. SEND MAXIMUM DECIBELS WHERE ARE THE MEASUREMENTS GOING TO BE TAKEN HOW LONG WILL IT BE MEASURED FOR WHAT IS THE STANDARD, WHO MEASURES AND HOW IS IT DOCUMENTED OR THE VIOLATORS, THE PROPERTY OWNER OR THE INDIVIDUAL OR A COMBINATION, WE NEED PROHIBITIONS AGAINST DIFFERENT TYPES OF NOISES AND EXCEPTIONS. HOW CAN WE ANSWER THOSE QUESTIONS? >> CITY ATTORNEY, CAN YOU ANSWER THAT. >> I DON'T HAVE THE LIST IN FRONT OF ME. >> COMMISSIONER ROSS. >> I WILL TELL YOU WHAT THE CURRENT ORDINANCE SAYS. IS THIS UNIFORM ACROSS THE CITY, THE WAY IT IS PROPOSED RIGHT NOW IT IS THE SAME ACROSS THE CITY. THERE ARE DIFFERENT DECIBEL LEVELS FOR WHAT IS PERMITTED. >> MEASUREMENT IS TAKEN UNDER THIS ORDINANCE FROM WHOEVER IS MAKING THE COMPLAINT, WHOEVER SAYS THEY ARE DISTURBED BY THE NOISE. IF IT IS A RESIDENT, AND THE DECIBEL LEVELS, I WANT TO REMIND YOU, WE HAVE WRITTEN INTO THE ORDINANCE TO DIFFERENT TIME PERIODS. IS THIS ONLY FOR THE DAYTIME WE HAVE DIFFERENT TIME PERIODS. >> WHAT TIME IS THE SKY THE LIMIT BEFORE 11:00 P.M. LATE NIGHT, WE NEED YOU TO ANSWER THOSE QUESTIONS HOW LONG IS IT MEASURED, RIGHT NOW IT IS A MINIMUM OF THREE TIMES THERE ARE [02:00:02] DIFFERENT DECIBEL STANDARDS. THE BASE AND THE OTHER SOUNDS THAT MEANS CODE ENFORCEMENT OFFICERS AND POLICE OFFICERS. WHO IS THE VIOLATOR. LET'S JUST TAKE MUSIC AND THE PERSON PLAYING THE MUSIC THE PROPERTY OWNER RELEASING THE LAND. SPECIFIC PROHIBITIONS AGAINST DIFFERENT TYPES OF NOISES. BUT WE DO HAVE SOME EXCEPTIONS A CITIZEN STOPPED ME AND SAID WHAT ABOUT GENERATORS. THIS WOULD BE SOMETHING DURING CERTAIN TIMES. INDUSTRIAL PROPERTIES EMERGENCY SIRENS THOSE ARE ALL THERE. AS I WROTE, YOU SAY IT IS TO LOW. >> COMMISSIONER ROSS. I WILL BRING A BOOMBOX, IF THAT'S WHAT YOU WANT ON YOUR FRONT PORCH AT 1:00 A.M., THAT WILL BE A PROBLEM. THIS IS AT THE RECEIVING PROPERTY. YOU ARE ALLOWED TO HAVE 80 DECIBELS COMING INTO YOUR HOUSE. THAT IS WHAT THAT SAYS. I'M GONNA GO IN FRONT OF YOUR HOUSE AND PLAY 80 DECIBELS AND I DON'T THINK YOU WILL BE HAPPY WITH ME. >> WHEN YOU GO THAT IT IS NOT LINEAR IT IS EXPONENTIAL. SO I THINK 75 WOULD BE MORE REASONABLE. >> I DO KNOW THE AMBIENT NOISE LEVEL HAVE TO BE MEASURED FIRST. >> PLEASE ANSWER. >> I'M JUST. >> DO YOU NEED TO CONTINUE TO SPEAK? >> THE BOOMBOX COULD NOT PLAY IN YOUR HOUSE BECAUSE WE WOULD STILL HAVE THE CUT OFF HOURS. >> CUT OFF TIMES ARE STILL IN PLACE, ACCORDING TO PURDUE UNIVERSITY THAT IS THE SOUND OF A GARBAGE DISPOSAL. >> VICE MAYOR. >> I WON'T SUPPORT THIS. I DON'T THINK THIS WILL KILL MUSIC DOWNTOWN. BE CAREFUL, WHAT PRODUCES ABOUT THE TRASH THING DOES NOT MAKE ANY DIFFERENCE. START LOOKING AT WHEN HEARING DAMAGE STARTS. WHEN DID YOU DO MIKE, YOU MEASURED IT WHERE IT WAS ABOVE 80 QUICKSAND STANDING OUTSIDE OF THE FRONT DOOR RIGHT HERE, IT WAS 85. >> THERE IS A POINT WHERE YOU WOULD BE REALLY CAREFUL, WHEN I SAY THIS LEVEL, THE PEOPLE WHO [02:05:16] WON'T KNOW. WHATEVER THAT LEVEL IS, IF IT IS ABOVE 85, WE ARE SHUTTING THEM DOWN. CORRECT? >> IS IT MEASURED OUTSIDE OR INSIDE? >> BOTH OF THOSE PLACES WHERE SHUTTING THEM DOWN. >> I HAVE MATRIX IN THE YEAR, M I'M WRITING 80 IN ALL 12 SPOTS THERE ARE 12 BOXES. IT IS WEEKDAYS, WEEKEND DAYS, WEEKEND NIGHTS. COMMERCIAL, 65 DURING THE DAY, WE AGREED THAT WAS TOO LOW BUT I NEED SOME DIRECTION, DO YOU WANT ME TOO PUT BRADLEY. RIGHT NOW I WOULD SEND YOU WITH 80 IN ALL 12 BOXES. >> THE EXEMPTIONS WOULD BE IN THERE AS WELL. >> YOUR VISION IS 80 SIDE -- 85 DECIBELS AT 2:00 A.M. >> THERE IS NO NOISE LEVEL, HOW WILL YOU DEAL WITH A BARKING DOG AT 2:00 A.M. >> ON WEEKDAYS, AND SUNDAY, WHEN DOES THE NOISE LEVEL DROP. IT IS 11 A.M. ON WEEKENDS ANTENNAE -- 10:00 P.M. ON WEEKNIGHTS. >> >> WE SEE 80. >> WHAT TIME DOES THE 80 START? >> WE HAVE E-MAILS SAYING IT STARTED AND TINIAN. MONDAY THROUGH FRIDAY, WHAT TIME DO YOU GO FROM QUIET TIME FOR LACK OF A BETTER TERM, TO ENTERTAINMENT. FROM 65-80. DO YOU START IT AND 4:00 P.M., 5:00 P.M., 6:00 P.M., TAMMY NEEDS TO FILL IN THE MATRIX. >> THE WAY IT IS RED, IT IS 80 DECIBELS. >> WE SHOULD NOT HAVE 80 DECIBELS AT 7:00 A.M. >> I WOULD SAY 4:00 P.M. THERE ARE SOME PEOPLE WHO COME FOR THE HAPPY HOUR CROWD. >> IT IS A COMMUNITY. IT'S NOT JUST ONE. I'M AMBIVALENT ABOUT THIS, I'M GOING TO GO ALONG WITH MR. KREGER. WE WILL SEE. SO, LET'S JUST RECAP. ON WEEKDAYS, 5:00 P.M. UNTIL 10:00 P.M., 80 DECIBELS, AND THE REST OF THE TIME 65 DECIBELS AND THAT INCLUDE WEDNESDAY THROUGH SUNDAY, AND ON FRIDAY AND SATURDAY, FRIDAY WE HAVE A PROBLEM WITH PEOPLE WORK, MAYBE [02:10:10] THIRD DAYTIME SHOULD BE LOWER AND FRIDAY SHOULD BE HIGHER,. >> WHAT YOU MEAN,. >> OF NOT TALKING ABOUT THE DECIBEL. >> IS TALKING ABOUT SATURDAY AND SUNDAY LET'S SAY PEOPLE ARE COMING TO ENJOY AN AFTERNOON AND THEY WANT TO HAVE MUSIC ON SATURDAY AFTERNOON, AT A CERTAIN.AFTER CHURCH, MONDAY, THE TIME WOULD BE 5-10. TUESDAY 5-10. WEDNESDAY 5-10. FRIDAY, 5:00 P.M. UNTIL 11. SATURDAY,. >> I RECOMMEND NOON. SUNDAY, NOON UNTIL 10:00 P.M. DOES THAT WORK? FOR ME, I HAVE TO GO BACK TO FIGURE OUT HOW TO MEASURE THE SOUND AND WHAT MAKES SENSE. >> THE MOTION RIGHT NOW DOES NOT PROVIDE FOR A START TIME. >> I WOULD MOVE TO AMEND IT. >> ARE YOU GOOD WITH THE AMENDMENT? >> WE WILL COME BACK NEXT TIME AND TALK ABOUT THE DECIBELS. THEY HAD SUCH A GREAT SHOWING, I HAVE AN ORDINANCE AND THIS MAKES IT CHALLENGE MORE. AS OF RIGHT NOW, WE DON'T HAVE ANY ENFORCEABLE NOISE ORDINANCES. WE NEED TO GET THIS MOVING. >> ANY OTHERS? >> MADAME CLERK IF YOU WOULD CALL THE ROLL. (ROLL CALL). >> THE MOTION PASSES 4-1. >> ITEM NINE, FUTURE LAND USE [9.1 FUTURE LAND USE MAP ASSIGNMENT - BAPTIST MEDICAL CENTER PROPERTIES] MAP. >> MOVED TO APPROVE. >> CHANGING THE CITY'S FUTURE LAND USE MAP TO PUBLIC AND INSTITUTIONAL FOR APPROXIMATELY 31.39 ACRES OF LAND LOCATED AT 1250 SOUTH 18TH STREET AND 13TH 67 SOUTH 18TH STREET, AND VACANT LANDS FROM THE NASSAU COUNTY FUTURE LAND USE MAP DESIGNATION OF PUBLIC BUILDING GROUNDS. PROVIDING FOR AN EFFECTIVE DATE PLEASE OPEN THE PUBLIC HEARING. >> THE PUBLIC HEARING IS OPEN. DOES ANYONE WISH TO SPEAK? I SEE NO ONE. PUBLIC HEARING IS CLOSE. >> VICE MAYOR. >> I JUST WANT TO REMIND YOU ALL, THIS HAS A 60-FOOT HEIGHT LIMIT. I REMEMBER BACK A LONG TIME AGO WHEN THEY BROUGHT THIS OUT, IT DOES NOT MATTER BECAUSE IF IT ISN'T THE COUNTY,. >> THE HEIGHT LIMIT WOULD'VE BEEN HIGHER. I ASKED THE CITY MANAGER. I DID THIS BEFORE. IT WOULD BE NICE TO SEE WHAT THE TAX REVENUE IS. I THINK IT IS $100,000 ALONG WITH THE SURCHARGE, SO WE CAN SEE WHAT THE NUMBERS ARE, SOMETHING WE SHOULD KNOW. BY VIRTUE OF THE PLAN, THEY MEET THE LEVELS OF SERVICE AND I WOULD QUESTION, WILL WE ASSUME RESPONSIBILITY FOR THE DEPUTY WHO DOES THIS, THAT'S JUST INFORMATION. >> THANK YOU SIR. CITY ATTORNEY? >> I WILL TAKE A WILD GUESS IT [02:15:08] IS A SPECIAL EXTRA DUTY. THERE ARE NO STATE OR FEDERAL LAWS THAT REQUIRE THAT. >> >> ANY OTHER DISCUSSION ON THIS BLACK CITY CLERK CALLED THE ROLL. >> (ROLL CALL). >> NINE-POINT TO QUASIJUDICIAL [9.2 (Quasi-judicial) ZONING MAP ASSIGNMENT - BAPTIST MEDICAL CENTER PROPERTIES] ZONING MAP. >> ORDINANCE 2020 -- 41 ASSIGN A LARGE-SCALE ZONING CATEGORY OF PUBLIC AND INSTITUTIONAL PI- 1431.9 ACRES OF LAND LOCATED AT 1250 SOUTH 18TH STREET, 3067 SOUTH 18TH STREET AND VACANT LANDS PROVIDING FOR SOME VARIABILITY AND PROVIDING FOR AN EFFECTIVE DATE YOU CAN OPEN THE PUBLIC HEARING. >> THE PUBLIC HEARING IS OPEN, DOES ANYONE WANT TO SPEAK ON MY SINA ONE, THE PUBLIC HEARING IS CLOSE. I HAVE A MOTION AND A SECOND. ANY DISCUSSION? NONE. MADAME CLERK PLEASE CALL THE VOTE. >> (ROLL CALL). [9.3 GENERAL EMPLOYEE PENSION PLAN AMENDMENT] >> 9.3 GENERAL EMPLOYEE PENSION PLAN. >> MOVED TO ADOPT. >> ORDINANCE 2021-09 AMENDING CHAPTER 62, PERSONNEL, ARTICLE THREE, GENERAL EMPLOYEES PENSION PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF FERNANDINA BEACH AMENDING SECTION 62-85, MINIMUM DISTRIBUTION OF BENEFITS PROVIDING FOR COMPLIANCE WITH THE SECURE ACT PROVIDING FOR SEVERE ABILITY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HERE WITH AND PROVIDING THE EFFECTIVE DATE. OPEN THE PUBLIC HEARING. ANY MEMBER OF THE PUBLIC WHO WANT TO SPEAK? I SEE NONE. THE PUBLIC HEARING IS CLOSE. ANY DISCUSSION? NO DISCUSSION. MADAME CLERK PLEASE CALL THE VOTE. >> (ROLL CALL). >> 9.3 PAST 5-0. [9.4 POLICE & FIRE PENSION PLAN] ITEM NINE-POINT FOR POLICE AND FIRE PENSION PLAN. MOVE TO ADOPT. >> VICE MAYOR, YOUR LIGHTS ON ON. >> ORDINANCE 2021-TEN AMENDING CHAPTER 62, PERSONNEL, ARTICLE FOUR, FIREFIGHTERS AND POLICE OFFICERS PENSION PLAN OF THE CODE OF ORDINANCES OF THE CITY OF FERNANDINA BEACH AMENDING SECTION 62-126, MINIMUM DISTRIBUTION OF BENEFITS, PROVIDING FOR COMPLIANCE WITH THE SECURE ACT, PROVIDING FOR SEVERABILITY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HERE WITHIN AND PROVIDING AN EFFECTIVE DATE. OPEN PUBLIC COMMENT. >> IS OPEN ANYONE WANT TO SPEAK ON THIS MATTER, I SEE NONE, PUBLIC HEARING IS CLOSE. ANY DISCUSSION, NO DISCUSSION, MADAME CLERK, PLEASE CALL THE VOTE. (ROLL CALL). >> IT PASSES 5-0. WE MOVE ON TO NINE-POINT RIDE AMENDING ORDINANCE. [9.5 AMENDING ORDINANCE 2018-10 - ADVANCED DISPOSAL SERVICES STATELINE, LLC AGREEMENT] >> ORDINANCE 2021 -- 11 AMENDING ORDINANCE 2018 -- TEN THE NEW EXCLUSIVE FIVE YEAR FRANCHISE TO ADVANCE DISPOSAL SERVICES STATELINE LLC, A DELAWARE LIMITED LIABILITY COMPANY EFFECTIVE JANUARY 15, BETWEEN 18 BY REMOVING THE PROVISIONS REGARDING THE COLLECTION OF RESIDENTIAL YARD DEBRIS WITHIN THE CITY LIMITS EFFECTIVE APRIL 7, 2021 PROVIDING FOR SEVERABILITY AND A NEW EFFECTIVE DATE PLEASE OPEN PUBLIC HEARING. >> PUBLIC HEARING IS OPEN WOULD ANYONE LIKE TO SPEAK? I SEE NO ONE. PUBLIC HEARING IS CLOSED. ANY DISCUSSION? NO DISCUSSION, MADAME CLERK PLEASE CALL THE VOTE. (ROLL CALL). >> 9.5 PASSES FOR EVERYONE. ITEM 9.6 FEET SCHEDULE AMENDMENT [9.6 FEE SCHEDULE AMENDMENT – SANITATION] [02:20:11] SANITATION. >> MOVED TO ADOPT. >> A MOTION AND A SECOND PERIOD. >> ORDINANCE 2021 -- 12 AMENDING FEES FOR SANITATION FOR FISCAL YEAR 2020-2021 PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. PLEASE OPEN THE PUBLIC HEARING. >> PUBLIC HEARING IS OPEN WOULD ANY MEMBER OF THE PUBLIC LIKE TO SPEAK ON THIS MATTER? I SEE NONE. THE PUBLIC HEARING IS CLOSE. ANY DISCUSSION? NO DISCUSSION. MADAME CLERK, PLEASE CALL THE VOTE. (ROLL CALL). >> IT PASSES 4-1. ITEM TEN BOARD APPOINTMENTS. [10.1 FERNANDINA BEACH HOUSING AUTHORITY] 10.1 FERDINAND BEACH HOUSING AUTHORITY. >> I HAVE A MOTION NANOSECOND. ANY DISCUSSION? I SEE NONE. MADAME CLERK. (ROLL CALL). CITY MANAGER REPORT. >> THINK YOU MR. MAYOR I WOULD [11. CITY MANAGER REPORTS] LIKE TO THANK AND CONGRATULATE HER AND HER STAFF FOR THE COMPLETION OF ANOTHER OUTSTANDING NOT WITH REGARD TO THE MARINA AND THE FUEL, THE PROBES WERE INSTALLED TODAY, THE BIG ISSUE, IS THE FACT THAT, THE CONTRACT GUARDIAN THERE ARE SOME NATIONAL FUEL STANDARDS THAT GO INTO EFFECT NATIONWIDE LATER THIS MONTH. THEY HAVE A SMALL FISH AND THEREUPON, WE DID HAVE DEP LINED UP, IT IS SOUNDING LIKE A BROKEN RECORD BUT WE SHOULD HAVE FUEL NEXT WEEK. WITH REGARD TO FEMA, I SPENT LAST WEEK COMMUNICATING WITH SENATOR RUBIO, SENATOR SCOTT THEIR STAFF AND THEY REQUESTED TO PRESENT TO THE DIRECTOR OF HOMELAND SECURITY, SO, CONGRESSMAN RUTHERFORD IS I WILL HAVE TO YOU ON APRIL 20, FEMA HAS NOT RULED ON OUR APPEAL YET. MY IMPRESSION IS THEY HAVE NO INTENTION OF RULING BECAUSE THEN FEMA DOES NOT HAVE TO RULE AGAINST ITSELF WITH NO RULING BY FEMA, AFTER 180 DAYS EXPIRE WE DO HAVE THE OPTION AND I WILL FLUSH THESE OUT FOR YOU AT THE NEXT MEETING. WE CAN CONTINUE TO WAIT FOR FEMA TO MAKE A RULING OR WE CAN WITHDRAW OUR APPEAL AND FILE FOR ARBITRATION. I AM IN CONTACT WITH THE STATE APPEALS OFFICER TO GET SOME BACKGROUND ON THE PROCESS OF ARBITRATION WHAT DOES THAT ENTAIL, ON LONG IT TAKES, I WILL HAVE MORE INFORMATION ON THAT NEXT TUESDAY. >> I THINK YOU WILL JUST HAVE TO GO AHEAD AND START THE PROCESS. IT DOES NOT LOOK LIKE THEY WILL RESPOND. IF THEY WANTED TO THEY WOULD HAVE A WHILE AGO, I MEAN, I DON'T THINK THAT MEANS ANYTHING, I THINK, THEY ARE SLOW TO ACT MOST OF THE TIME ANYWAY. ESPECIALLY WHEN IT INVOLVES MONEY. I WOULD PROCEED. IF YOU HAVE MORE DETAILS, WE CAN PROCEED WITH THAT ROUTE. >> ONCE THE 180 DAYS EXPIRE, THE ONLY TIMELINE WE HAVE TO FILE ARBITRATION IS IF FEMA DOES MAKE A RULING. FROM THAT DATE, WE DO HAVE 60 DAYS TO FILE OR GO TO ARBITRATION, THE FACT THAT THEY HAVE NOT MADE A RULING THERE IS NO DEADLINE FOR WHEN WE HAVE TO FILE FOR ARBITRATION. SO HOWEVER LONG IT TAKES, AND THE GENERAL CONSENSUS IS, THE LIKELIHOOD SEEMS TO BE YOU ARE INTERESTED IN LEARNING MORE ABOUT ARBITRATION AND I WILL MAKE SURE YOU GET THAT INFORMATION BEFORE MAKING [02:25:03] DECISIONS. I INCLUDED IN MY NOTES, THE LEAGUE OF CITIES, REQUESTED FROM EACH MEMBER COMMUNITY A REQUEST FOR TWO NONPROFITS TO RECEIVE A DONATION OF A LITTLE OVER $300. THE DEADLINE FOR THE REQUEST IS THE END OF MAY. IF YOU WANT TO THINK ABOUT THAT, DISCUSS IT, SHARE YOUR TWO AGENCIES WITH ME AND I WILL SEE IF THERE IS A GENERAL CONSENSUS BUT APPROXIMATELY A $330 REWARD THAT THE CITY HAS ALLOCATED, TO EACH ONE OF THE MEMBER IMMUNITIES. SO, I WILL E-MAIL BACK OUT TO YOU AND REMIND YOU HOW THEY ARE DOING THAT. SEASIDE, BY THE WALKWAY, YOU WERE PRESENTED WITH THE ENGINEERS REPORT, IT BASICALLY SHOWS, THE IMMEDIATE NEED IS $75,000 TO REPLACE THE HANDRAIL. THAT IS NOT IN THE BUDGET. I GUESS I NEED SOME DIRECTION AND THAT IS OUTSIDE OF MY SPENDING AUTHORITY. DO WE GO OUT FOR BIDS, DO WE HAVE AN INVITATION TO BID. THEN WE WILL HAVE TO FIND THE FUNDS FOR IT. ALSO, AS THE REPORT INDICATED THERE ARE LONG-TERM COSTS ASSOCIATED WITH THE MAINTENANCE OF THAT STRUCTURE. SO, I WILL LOOK FOR SOME DIRECTION AND GUIDANCE ON WHAT WE DO WITH THAT PROJECT. >> VICE MAYOR. >> I THINK WE SHOULD SEE HOW THE NUMBERS COME BACK. AND THEN WE CAN SEE WHERE THE MONEY IS AVAILABLE. >> SECOND. >> I HAVE TWO, THREE, COMMISSIONER ROSS? >> I THINK THAT IS WHAT GOVERNMENT IS ABOUT PROVIDING THOSE SERVICES BUT WHERE IS THE MONEY GOING TO COME FROM, WHERE WILL YOU TAKE IT FROM. WE CAN GO GET A BID TO FIND OUT, I BELIEVE WE ARE EXPANDING GOVERNMENT, TAKING OVER SOMETHING THAT IS A PRIVATE ENTERPRISE, I DON'T HAVE A PROBLEM WITH THAT. I THINK THIS IS WONDERFUL, I SUPPORT IT, I JUST WANT TO KNOW HOW WE WILL PAY FOR IT. >> IS THAT DIRECTION CLEAR? >> ON A FINAL NOTE, THREW OUT SOME YOUR CONVERSATIONS TONIGHT, I WANT TO ADD A SMALL WORD OF CAUTION ON BEHALF OF CITY STAFF. WHEN CITY COMMISSIONERS APOLOGIZE FOR CITY STAFF DOING THEIR JOB, THAT SENDS A WRONG MESSAGE TO CITY STAFF. WHEN THE POLICE ISSUE A NOISE ORDINANCE OR A CODE ENFORCEMENT OFFICER ISSUES A CITATION, TO APOLOGIZE FOR CITY STAFF DOING WHAT YOU COMMISSIONERS ARE PASSED AS POLICY, SINCE A WRONG MESSAGE. JUST PLEASE PROCEED CAUTIOUSLY, THANK YOU. >> ITEM 12, CITY ATTORNEY REPORT >> I DON'T HAVE ANYTHING TO [12. CITY ATTORNEY REPORTS] REPORT ON MY DOINGS BUT SPEAKING OF CITY STAFF, THIS IS GOOD NEWS. AND LOSSES. BACK IN 2015, YOU MAY REMEMBER, IF YOU LIVED HERE OR PAID ATTENTION TO OUR LOCAL NEWS, WE HAD A ROBBERY AT THE WALMART STORE. THE SUSPECT TOOK I THINK A TELEVISION OUT OF THE STORE. HE WAS HIGH ON DRUGS AND EVERYTHING WAS CONFIRMED IN PUBLIC DOCUMENTS. HE LET THE POLICE ON A HIGH-SPEED CHASE FOR A FEW MILES, UNTIL THEY ENDED UP ON A DITCH ON BONNYVIEW ROAD. OUR NOW SERGEANT JASON SMITH, FIRED HIS WEAPON AND HIT THE SUSPECT. THE SUSPECT LIVED, WAS TRIED AND CONVICTED AND SERVING A 25 YEAR SENTENCE IN STATE PRISON. THAT SUSPECTS NAME IS RANDY SCOTT AND HE SUED THE CITY FOR EXCESSIVE FORCE ON BEING SHOT. HE SUED, NOW SERGEANT CHAD LEE, OFFICER CHRIS, SERGEANT JASON SMITH AND THE CITY OF FERNANDINA BEACH. THE CITY OF FERNANDINA BEACH IS STILL FIGHTING THIS LAWSUIT BUT I AM HAPPY TO REPORT THAT ALL THREE OF THE INDIVIDUAL OFFICERS, HEROES HAVE ALL BEEN DISMISSED THROUGH SUMMARY JUDGMENT THAT WAS GRANTED IN THEIR FAVOR BY THE COURT. [02:30:03] THEY ARE OUT OF IT AND THEY ARE PLEASED AND SO ARE WE. I WANTED TO THANK THEM AS CITIZENS -- AS A CITIZEN AND CITY ATTORNEY. THAT IS ALL I HAVE FOR TONIGHT. [13. CITY CLERK REPORTS] >> ITEM 13, CITY CLERK KIRK. >> BUSTAMANTE -- BUT SPECIAL MAIL BALLOT ELECTIONS WERE MAILED MARCH 16 DOMESTIC MARCH 24. IF YOU DO NOT FEAR BALLOT BY NOW, GO TO THE OFFICE. SPEAKING AWAY FROM MICROPHONE ( INDISCERNIBLE ). >> CITY CLERK ARE THERE ANY COMMITTEE OPENINGS? >> I KNOW THE CODE ENFORCEMENT HAS TO ALTERNATE OPENINGS ONE THEY JUST FILLED IT WILL BE AT THE NEXT MEETING I WILL PROVIDE THAT INFORMATION. >> THANK YOU. >> OKAY ITEM 14 MAYOR OR [14. MAYOR/COMMISSIONER COMMENTS] COMMISSIONER COMMENTS. >> I URGE ALL TO MAKE A FIELD TRIP. WE WENT OUT TO WILDLIFE. I WOULD URGE YOU ALL TO DO THAT. YOU WILL BE ASTOUNDED. THERE ARE HUNDREDS OF HOMES BEING BUILT. THE MESSAGES, THOSE PEOPLE, THEY DO NOT HAVE YARDS, NOT MUCH RECREATION, AND THEY WILL BE COMING TO OUR ISLAND AND FILLING OUR PARKING LOTS. SO, I URGE YOU TO DO THAT. I ALSO UNDERSTAND THE COUNTY IS CONSIDERING PAVED PARKING AT PETER'S POINT. IT WOULD BE FOR NON- COUNTY RESIDENTS. ONE WONDERS, IF YOU GO DOWN TO PETER'S POINT NOW, WHERE THEY WILL GO. I WOULD SAY GO MAKE THE FIELD TRIP, AND SEE HOW WE HAVE TO START THINKING ABOUT HOW WE WILL DEAL WITH THE INCREASED POPULATION THAT WILL BE VISITING OUR ISLAND. >> THINK YOU, SIR. >> 'S COMMISSIONER STURGIS. >> THINK YOU, I WILL REITERATE, I WROTE DOWN MY ROAD GOING HOME, I SAW THE BRAND-NEW TRUCK SERVICING MY ROAD AND GETTING THE DEBRIS THAT LITERALLY SAT THERE FOR 48 HOURS. IT IS AMAZING AND I WOULD -- I LIKE TO SEE THE CITY GOVERNMENT OPERATE. I TOO AM CONCERNED ABOUT WHAT WILL HAPPEN FOR DAYTRIPPERS. I WILL PIGGYBACK OFF OF CHIP'S IDEA AND THE REALITY IS, THEY ARE COMING AND THEY ARE COMING BY THE THOUSANDS. BUT ANYWAY, I AM GLAD TO BE HERE AND I ENJOYED BEING A CITY COMMISSIONER. THANK YOU. >> COMMISSIONER BEING. >> I WANT TO SAY, WHEN I APOLOGIZED TO THE RESIDENCE, I'M NOT APOLOGIZING ON BEHALF OF CITY STAFF I AM APOLOGIZING ON BEHALF OF THE BOARD. THERE ARE THINGS WE NEED TO FIX WHEN I SEE A BAD WALL OR A CITIZEN UNJUSTLY AFFECTED I WILL APOLOGIZE. I WILL CONTINUE TO DO THAT BECAUSE I BELIEVE THE CITIZENS DESERVE THE BEST GOVERNMENT WE CAN MUSTER. I'M HAPPY TO BE HERE SO THANK YOU. >> LIFE IS GOOD. >> THAT IS GREAT. >> THINK YOU. >> I WILL TRY TO DO THIS QUICKLY. WHAT'S PROBLEMATIC WHEN WE HAVE THREE WEEKS, WE HAVE THINGS HAPPENING. SO, FIRST OF ALL CITY MANAGER, I FORGOT TO ASK YOU THIS QUESTION, THE CITY COUNTY MEETING. CAN YOU TALK AND SCHEDULE THAT? >> YES, I WILL FIND OUT. IF YOU GIVE ME ANY IDEAS OF WHAT YOU WANT ON THE AGENDA, OR THINGS YOU WANT TO CONSIDER, I MEET WITH THEM EVERY OTHER TUESDAY MORNING, AND I WILL RAISE THAT WITH HIM AND WORK [02:35:02] TOGETHER AND SEE ABOUT SCHEDULING SUCH A MEETING. >> THANK YOU. I APPRECIATE THAT. >> AS THE CITY CLERK INDICATED, THE CHARTER REVIEW BALLOT WENT OUT. I JUST WANT TO RECOGNIZE THE WORK OF THE CHARTER REVIEW COMMITTEE. SO CHAIR AND FORMER MAYOR, COMMISSIONER, MARGARET DAVIS, RICHARD CLARK, AND BENJAMIN MORRISON THANK YOU FOR VOLUNTEERING YOUR TIME AND EXPERTISE TO DO THAT. THEY MET MORE THAN 17 TIMES AND SPENT 170 HOURS DELIBERATING AND FINALIZING THE RECOMMENDATIONS. I JUST WANT TO HONORED THEIR CONTRIBUTIONS. ALSO, WHAT MAKES THIS ISLAND AND COMMUNITY SO VIBRANT IS THE VOLUNTEER WORK THAT GOES ON. WE HAD A COUPLE. ONE WAS RESTORATION WITH THE ASSISTANCE OF LOCAL VOLUNTEERS, THEY INSTALLED FENCING, AND PLANET 1700 NATIVE PLANTS AT BEACH ACCESS EIGHT NORTH, NINE NORTH AND 11 NORTH. WE APPRECIATE THE ORGANIZATIONS EFFORTS WHICH MAY NOT OF BEEN POSSIBLE, WITHOUT THE FINANCIAL SUPPORT, SO WE WANT TO THANK ALL OF THOSE PEOPLE FOR HELPING. ALSO THE CLUB DID ROADSIDE CLEANUP. IT WAS BETWEEN BUCCANEER TRAIL AND 14TH STREET. I THINK THEY DO IT THREE TIMES A YEAR. THEY DID ON MARCH 25 WHERE THEY REMOVED 480 POUNDS OF TRASH. IF YOU DRIVE ALONG THAT STRETCH OF ROAD, YOU WILL NOTICE PEOPLE DISCARDING THEIR TRASH. WE WANT TO THANK -- CONDOLENCES TO THE FAMILY OF DAVID CAPLES, HE WAS AN AMAZING GENTLEMAN FOUNDING MEMBER OF THE FLORIDA BED-AND-BREAKFAST ASSOCIATION, COFOUNDER OF THE CAPLES FOUNDATION AND THE ANNUAL DRIVE FOR LIGHT SPECIAL EVENT. SERVED ON THE AMELIA ISLAND YMCA, FERNANDINA BEACH CHAMBER OF COMMERCE, SCOUT, BRADY. RESERVE, TOURIST DEVELOPMENT COUNCIL, AND COMMISSIONER BEING REQUESTED A PROCLAMATION FOR HIM. CONDOLENCES TO HIS FAMILY, AND AGAIN, WE LOST A THREAD TO THE FABRIC OF OUR COMMUNITY. FINALLY, IT DAWNED ON ME AS I WAS GOING OVER MY NOTES. WE HAD KUDOS TO THE STREET DEPARTMENT. IF YOU REMEMBER A FEW WEEKS AGO WE HAD A HARD WIN. I THINK IN THE MIDDLE OF THE NIGHT A TREE FELL, AND THEY WERE NOTIFIED AND THEY WENT OUT THERE IN THE MIDDLE OF THE NIGHT, AND GOT THE TREE OUT OF THERE. THAT IS THE TYPE OF CITY SPAN WE HAVE THAT RESPONDS TO EMERGENCIES. SO, * This transcript was compiled from uncorrected Closed Captioning.