May 18, 2021 Regular Meeting

[00:00:02]

>>> (GAVEL) CALL TO ORDER THIS IS THE MAY 18TH 2021 REGULAR

[1. CALL TO ORDER]

CALL THE ROLL.

, WILL YOU LEAD US THROUGH THE PLEDGE AND STAND FOR REF REVEREND FEE MIX OF THE TRINITY UNITED METHODIST CHURCH.

>> CAN WE BE THE FAMILY OF KRISTIN BAYLOR, 13-YEAR-OLD THAT WAS MURDERED. WE'RE SEEING AN UP TICK IN CRIMES AND UP TICK IN ADDICTION AND UP TICK IN THOSE THINGS THAT ARE CAUSING FAMILIES TO BE BROKEN APART.

IF WE CAN HAVE A MOMENT OF SILENCE FOR THE FAMILY.

AMEN. LET US PRAY.

LORD, WE REJOICE IN YOUR PREPARES HERE TODAY.

BESTOW YOUR DIVINE IN THE MEETING AND PARTAKE IN THE JOY OF YOUR LOVE. MAY YOU BLESS US THIS YEAR SO WE CAN ALL TRIUMPH IN THE ENDEAVORS THAT YOU HAVE SET FOR US MAY WE STRIVE IN YOUR EXCELLENCE FOR YEARS TO COME.

WE PRAY THIS AND MANY OTHER BLESSING IN JESUS' NAME WE PRAY. AMEN.

>> THANK YOU, REVEREND. >> A COUPLE OF HOUSEKEEPING ITEMS. PLEASE TURN YOUR CELL PHONES TO AIRPLANE AND TOTALLY OFF IF YOU WOULD.

COVID-19 GUIDELINES. SO WE ALL KNOW THE MASK RESTRICTIONS LIFTED AND WE HAVE INCREASED THE SEATING IN THE COMMISSION ROOM. YOU CAN WEAR YOUR MASK SO IF THAT IS COMFORTABLE FOR YOU, PLEASE DO SO.

YOU ARE FREE TO SOCIAL DISTANCE SO IT'S NOT A FORMAL REQUEST FROM THE CHAIR THAT YOU ASK THE PERSON IF THEY HAVE BEEN VACCINATED BUT I THINK THAT'S YOUR RIGHT IF YOU ARE NEXT TO SOMEONE. SO YOU MAY WANT TO SOCIAL DISTANCE. DO THAT IF YOU FEEL THE NEED.

AND DECORUM WE TREAT EACH OTHER PROFESSIONALLY WITH HONOR AND RESPECT. ALL RIGHT 4 PROCLAMATIONS.

[4.1 PROCLAMATION - MR. DAVID JAMES CAPLES]

I HAVE TWO. >>> WHEREAS, MR. DAVID JAMES CAPLES WAS BORN IN NEW YORK TO A LOVING FAMILY. RAISED BY HIS MOTHER AFTER HIS FATHER WAS LOST AT SEA IN A WORLD WAR II BOMBER, DAVID TOOK UP THE RESPONSIBILITY OF BEING THE MAN OF THE HOUSE, EVEN ARRIVING FOR HIS FIRST DAY OF GRADE SCHOOL WITH AN ADULTSIZED BRIEFCASE; THE SAME ONE HE WOUL CARRY WITH HIM THE REST OF HIS LIFE; AND WHEREAS, MR. CAPLES EARNED AN UNDERGRADUATE DEGREE AT CANISIUS COLLEGE AND LATER EARNED HIS MASTER'S DEGREE IN H MANAGEMENT AT CORNELL UNIVERSITY; AND WHEREAS, IN 1979, DAVID AND HIS LOVING WIFE SUSAN, ON A WHIM THAT WOULD CHANGE THEIR LIVES FOREVER, FOUND THEMSELVES ON PRISTINE AMELIA ISLAND AND RELOCATED SOON THEREAFTER; AND WHEREAS, UPON ARRIVING IN FERNANDINA BEACH, DAVID REALIZED HIS DREAM OF CREATING HE AND SUSAN'S FIRST INN; THE 1735 HOUSE. THEY FOLLOWED UP A FEW YEARS LATER WITH THE ELIZABETH POINTE LODGE WHICH WOULD BECOME AN OFFICIAL POINT ON COASTAL NAVIGATION CHARTS. UNDER THEIR STEWARDSHIP, ELIZABETH POINTE LODGE WAS NAMED

[00:05:06]

LEDNOVICH, BY VIRTUE OF THE AUTHORITY VESTED IN ME AS MAYOR OF THE CITY OF FERNANDINA BEACH FLORIDA, DO HEREBY HUMBLY AND REVERENTLY PAY HOMAGE TO: "MR. DAVID JAMES CAPLES"

>> I WANT TO SAY THANK YOU AND GLAD SO MANY OF YOU WHO KNEW DAVID ARE HERE TO WITNESS THIS TONIGHT AND HE LOVE THE COMMENT WE COULD NOT HAVE FOUND A BETTER PLACE TO LIVE AND WHERE WOULD YOU HAVE YOU MOVED. THAT'S WAS HIS SENTIMENTS, TOO.

THANK YOU FOR HONORING HIM. WHEREAS, MENTAL HEALTH FIRST AID

[4.2 PROCLAMATION - "MENTAL HEALTH FIRST AID MONTH"]

PARTICIPANTS CAN CONFIDENTLY AN APPROPRIATELY RESPOND TO AN EMERGING CHALLENGE OR A CRISIS AND CONNECT MORE PEOPLE WITH CARE. MENTAL HEALTH FIRST AID ALSO REDUCES THE STIGMA ASSOCIATED WITH MENTAL HEALTH AND SUBSTANCE USE DISORDERS; AN WHEREAS, WE MUST ENCOURAGE ALL OUR CITIZENS TO LEARN MORE ABOU

[00:10:02]

NOW, THEREFORE, I, MICHAEL A. LEDNOVICH, BY VIRTUE OF THE AUTHORITY VESTED IN ME AS MAYOR OF THE CITY OF FERNANDINA BEACH FLORIDA, DO HEREBY PROCLAIM THE MONTH OF MAY 2021, AS: "MENTAL

HEALTH FIRST AID MONTH" >>> THANK YOU.

>> SO. >> WE, I THINK THIS IS PROBABLY OUR FIFTH YEAR GETTING THIS PROCLAMATION AND IF WE MAY IS NATIONAL MENTAL HEALTH AWARENESS MONTH.

IF WE WANT PEOPLE TO START MAKING THIS A NORMAL CONVERSATION AS I'M SURE IT HAS AMONG MOST OF YOU DURING COVID.

COVID STRETCHED US TO OUR VERY CORE.

SO, IN OTHER WORDS, 2/3 OF AMERICANS EXPERIENCED DEPRESSION OR ANXIETY WITHOUT HAVING AN OFFICIAL DIAGNOSIS.

WE NEED TO MAKE THIS A NORMAL CONVERSATION SO PEOPLE CAN TALK ABOUT IT SO THEY CAN SEE AND GET THE HELP. IT IS SUCH AN

IMPORTANT TOPIC. >>> IT IT WAS IN 2018, 46,000 PEOPLE IN THE U.S. TOOK THEIR LIVES AS A RESULT OF SUICIDE.

THAT'S 46,000 PEOPLE WHO DIDN'T HAVE TO DIAZ IN THAT MANNER.

IT MAY HAVE BEEN A MATTER OF SAYING I'M CONCERNED ABOUT YOU.

RESEARCH SHOWS FOR THOSE WHO HAVE SURVIVED SUICIDE, THEY ALL SAY SOMEONE ASKED ME HOW I WAS FEELING, THEY WOULD NOT HAVE TAKEN THEIR LIFE. THAT'S WHAT WE SEEK TO DO BY DOG PROCLAMATIONS AND PROVIDING TRAINING.

THIS IS A LIFE SAVING TRAINING AND IT IS A NORMAL CONVERSATION AMONG ALL OF US. I'M SURE YOU HAVE EVERYONE EXPERIENCED SOME LEVEL OF STRESS OR DEPRESSION DURING COVID AND IT GIVES YOU AN EXAMPLE OF HOW -- WHAT PEOPLE ARE EXPERIENCE HOG HAVE DIAGNOSIS. SO I'LL BE HERE NEXT YEAR.

>> AND UNTIL WE START TALKING ABOUT THIS IN A NORMAL FASHION IT IS LIKE DIABETES OR HEART DISEASE OR ANY OTHER DISEASE.

WE NEED TO TREAT IT AND PAYING ATTENTION TO THE SIGNS AND SYMPTOMS WE HELP ONE ANOTHER REMAIN HEALTHY AMID A HEALTHY AND HAPPY COMMUNITY. EVERYTHING WENT UP.

DOMESTIC VIOLENCE. MURDER, SUICIDE.

CHILD ABUSE EVERYTHING INCREASED DURING COVID.

THAT SHOWS YOU IT WAS THERE ALL THE TIME.

WE NEED TO MAKE THIS A NORMAL CONVERSATION AND EVERYONE WILL FEEL COMFORTABLE TALKING ABOUT HOW THEY'RE FEELING SO THEY CAN REACH OUT TO GET THE HELP THEY NEED AND SUPPORT OF A FAMILY MEMBER OR LOVED ONE OR WHETHER IT IS PROFESSIONAL.

SO I'M SORRY I DIDN'T SAY MY NAME.

I'M KATRINA ROBERTSON-WHEELER AND STARTING POINT BEHAVIORAL HEALTH CARE. ANYONE NEEDS SERVICES OR HELP, NEED TO TALK OR GET TRAINED. REACH OUT THE TRAINING IS FREE.

IT IS FREE. A LITTLE BIT OF TIME OUT OF THE DAY I WILL COME TO YOU. YOU DON'T HAVE TO COME TO US GET TEN PEOPLE AND THERE TO TRAIN TO YOU HELP YOU KEEP YOUR COMMUNITY AND IMMEDIATE SPHERE OF INFLUENCE HAPPY AND SAFE WITH

THE WAY YOU'RE FEELING. >> THANK YOU.

YOU WILL SEE MY BANNER OVER ACROSS CENTER AND ATLANTIC STARTING MONDAY AGAIN REMINDING US THAT IT IS NATIONAL MENTAL HEALTH AWARENESS MONTH. CAN I GIVE ONE OF THE

COMMISSIONERS ONE OF THESE. >> THANK YOU?

>> THANK YOU. >> THANK YOU.

>> THANK YOU. >> THANK YOU I HAVE MUCH.

>> CITY MANAGER I SEE YOU UP THERE.

>> I'M WORKING ON CALLING UP THE NEXT PREPARATIONS.

[4.3 PRESENTATION - NORTH FLORIDA TRANSPORTATION PLANNING ORGANIZATION (TPO)]

>> 4.3 THE NORTH FLORIDA TRANSPORTATION PLANNING

ORGANIZATION. >>> GOOD EVENING.

>> I'M WANDA FOREST WITH THE NORTH FLORIDA TRANSPORTATION PLANNING ORGANIZATION. WE'RE PRESENTING THE TRANSPORTATION IMPROVEMENT PROGRAM BUT I WANT TO INTRODUCE TO YOU ELIZABETH DEJESUS, I'M RETIRING NEXT MONTH.

SHE ASKED IF SHE COULD DO THE PRESENTATION SHE WILL START

[00:15:04]

SO WITH THAT I WANT TO INTRODUCE YOU TO ELIZABETH.

>> GOOD AFTERNOON, EVERYONE I'M ELIZABETH DEJESUS.

I WANTED TO MAKE THE PRESENTATION ON THE DRAFT TRANSPORTATION IMPROVEMENT PROGRAM.

AND 2021-22 TO 25 AND 26. THE TRANSPORTATION IMPROVEMENT PROGRAM WE CALL IT TIP AND IT IS SHORT THE PLAN FOR THE YOU WERAN ICED AREA. WE HAVE FOUR COUNTIES, WE GO ALL OVER -- WE GO ALL OVER. SO, WE HAVE PUBLIC MEETINGS THROUGH THE FOUR COUNTIES AND CITIES.

AND TONIGHT WE'RE HERE TOMORROW WE WILL BE ATTENDING THE NASSAU BOARD OF COUNTY COMMISSIONERS AT 9 A.M. NOW WE WILL HAVE A PUBLIC MEETING ON MAY 25TH AT 4:00 AND OBVIOUSLY THE MEETING WILL BE VIRTUALLY AND WE'LL HAVE INFORMATION TO GET ACCESS TO THE MEETING IN OUR WEB SITE AND ADVERTISE IT.

THE APPROVAL DATE FOR THIS PLAN IS ON JUNE 10TH IT IS LOCATED AT 980 NORTH JEFFERSON STREET IN JACKSONVILLE, FLORIDA.

THE FIRST PROJECT. AMELIA ISLAND FROM STATE ROOT A 1 A TO BAILEY ROAD. THIS IS A BYPASS TRAIL AND THE CONSTRUCTION IS SCHEDULED FOR 2024.

DID IT CHANGE? >> YES.

>> AMELIA ISLAND PARKWAY FROM BAILEY ROAD TO 14TH STREET AND THE BIKE PATH. AND SCALE IS 2024.

THE AMELIA ISLAND TRAIL TO 14TH STREET BYPASS CONSTRUCTION IS SCHEDULED FOR 2024. I WANTED TO ARCHDIOCESE THERE A NOTE TO THOSE THREE PROJECTS, SO THE AMELIA TRAIL IS FOUR SEGMENTS. THREE SEGMENTS HERE.

THE FOURTH SEGMENT IS GOING ON THE CONSTRUCTION THIS YEAR BY SUMMER SO THAT WILL COMPLETE THE TRAIL.

THE NEXT ONE IS THE FROM HICKORY TO BEACH STREET A SIDEWALK AND THE CONSTRUCTION IS FOR 2022. UP GREAT CROSS SOMETHING A RAIL SAFETY AND FOR 2022. I WANTED TO ADD INFORMATION ON THAT ONE. THIS WILL REMOVE THE DEVICES AT THE GREAT CROSSING INSTALL A LIGHT AND GATE SYSTEM TO PROTECT

THE. >> IF YOU HAVE QUESTIONS I CAN ADDRESS. THANK YOU VERY MUCH.

>> THANK YOU, MA'AM. >> HAPPY RETIREMENT.

>> I'M LOOKING FORWARD TO IT. >> THANK YOU.

[4.4 BUDGET SUMMARY]

>>> 4.4 THE BUDGET SUMMARY. PAULINE TESTAGROSE.

>> GOOD EVENING. PAULINE TESTAGROSE, CITY COMPTROLLER. APRIL IS THE 7TH MONTH AND REPRESENTS 58.3% OF THE BUDGETED FISCAL YEAR FOR THE GENERAL FUND YEAR TO DATE REVENUE IS 83.9%. THIS IS DUE TO THE PROPERTY TAX LOCAL BUSINESS TAX AND INTERGOVERNMENTAL RECEIPTS.

OVERALL THE YEAR TO DATE THE FUND EXPENSES ARE BELOW 598.3% MARK AT 42.4%. HOWEVER SOME DEPARTMENTS ARE OVER THIS MARK DUE TO THE PAYMENTS FOR ANNUAL MAINTENANCE AND SERVICE CONTRACTS, FOR SOME OF THE OTHER FUNDS IN APRIL THE FINAL PAYMENT WAS MADE ON THE GENERAL OBLIGATION BONDS.

THEY WERE ISSUED TO PURCHASE THE GREENWAY.

FOR THE IMPROVEMENT FUNDS AND PAYMENTS HAVE BEEN ISSUED FOR STRIPING AND PAVING AND THE REC CENTER ROOF.

[00:20:06]

THE MONTH OF APRIL IS THE FIRST FULL MONTH OF TOP TRACER.

WE SET UP A NEW COST CENTER BUT IT APRIL DID NOT CAPTURE ALL OF THE EXPENSES. ALL UTILITY FUND REVENUES EXCEED EXPENSES. IN APRIL THE CITY TOOK OVER THE COLLECTION OF YARD DEBRIS IN THE SANITATION FUND.

THE MARIA TRANSIENT REVENUE AT 71.5% OF THE BUDGET WHICH IS JUST UNDER $400,000. DOES ANYONE HAVE QUESTIONS?

>> COMMISSIONERS? >> ANY QUESTIONS?

>> NO, MA'AM. THANK YOU.

>>> THANK YOU. >>> BEFORE WE GET TO 5 A QUESTION ON THE AGENDA. HOW MANY PEOPLE ARE HERE FOR THE NOISE ORDINANCE. CAN YOU RAISE YOUR HAND?

>> OKAY. I HAVE FOUR, HOW MANY ARE HERE FOR E BIKES. WE HAVE THREE.

SO COMMISSIONERS IT HAS BEEN SUGGESTED THAT MOVING 8.1 AND 9.1 TO THE FRONT OF THE AND DEALING WITH THOSE ISSUES AFTER PUBLIC COMMENT, HOW ABOUT ALL THE PEOPLE HERE FOR THE OTHER THINGS THAT NOW HAVE TO WAIT. THAT'S WHY I'M ASKING, I PREFER

TO KEEP IT THE WAY IT IS. >> ONE KEEP IT THE WAY IT IS.

>> YOU'RE IN AGREEMENT. >> YES.

>> THAT'S FINE, I A HE GROW. KEEP IT THE WAY IT IS; ALL RIGHT SO, ITEM 5 PUBLIC COMMENT ITEMS NOT ON THE AGENDA AND MR. COYLE

[5. PUBLIC COMMENT REGARDING ITEMS NOT ON THE AGENDA OR ITEMS ON THE CONSENT AGENDA (Part 1 of 2)]

>>> GOOD EVENING. >> AND THE AIRPORT MANAGER I WANT TO TAKE THE OPPORTUNITY TO INTRODUCE TO YOU CHIEF POLY DENNY FROM THE NATIONAL GUARD. THE CHIEF JASON CALLA AND THAT THE GUARD. WEN JOY A LONG RELATIONSHIP THAT'S BEEN IN PLACE WITH THE FLORIDA ARMY NATIONAL GUARD.

THEY COME OUT ANNUALLY AND AT OTHER TIMES TO ASSIST US AT THE AIRPORT WITH THE AIR TRAFFIC CONTROL SERVICES.

THEY COME OUT TO HELP WITH THE INCREASED TRAFFIC FLOW WE SEE FROM THE TRAFFIC COMING TO THE AIRPORT.

THIS YEAR, THE CHIEF'S UNIT IS DEPLOYED OVERSEAS.

AND THE NATIONAL GUARD STEPPED UP AND COME IN AND PROVIDE US THE AIR TRAFFIC CONTROL SERVICES.

I SPEAK FOR THE AIRPORT STAFF AND THE TENANTS WHO FIRST ARE GRATEFUL OF THE CHIEF AND THE UNIT'S SUPPORT OVERSEAS DEFENDING OUR FREEDOM AND TO THE CHIEF FOR COMING IN AND PROVIDING SERVICES TO US, INCREASING SAFETY0 OPERATIONS FOR THE AIRPORT FOR THIS WEEK. I WANTED TO TAKE A CHANCE AND INTRODUCE THEM TO THAT UNIT AT THE AIRPORT NOW.

THE CHIEF ROUGHLY 18 SOLDIERS WITH HIM TO THE AIRPORT AND ANY OF THE COMMISSIONERS HAVE AN OPPORTUNITY DURING THE WEEK, SEE THE FACILITY OPERATIONS AND THE AIRPORT.

REACH OUT AND LET US KNOW. >> WHAT DO THEY DO?

>> THEY BRING OUT A MOBILE TOWER.

THEY ARE PROVIDING THE TERMINAL AIR TRAFFIC CONTROL SERVICE AND WORKING WITH THE JACKSONVILLE APPROACH CONTROL TO GET THE CRAFT ON THE GROUND AND DEPARTED.

OBVIOUSLY IT PROVIDES TRAINING FOR THE ARMY WHO IS PROFICIENT SETTING THEM UP IN AUSTERE LOCATIONS.

THAT'S A GOOD PARTNERSHIP. >> WELCOME TO FERNANDINA BEACH.

>> THANK YOU. >> YOU WILL BE BUSY.

>> STOP BY AND SEE US. THEY WOULD LOVE TO HAVE YOU.

COME OUT AND SEE THE FACILITY. >> THANK YOU, APPRECIATED.

>> ALL RIGHT I HAVE DAWN LUNDT. >> WELCOME, MA'AM.

>> STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> DAWN LUNDT. 204 LAWRENCE LANE, FERNANDINA BEACH, FLORIDA. I AM TREASURER OF THE SHORE FESTIVAL COMMITTEE. GOOD EVENING, I HAVE PREPARED A STATEMENT SO MY THOUGHTS ARE CONCISE I DON'T FORGET ANYTHING. A LOT OF OTHER PEOPLE STAND HERE FOR THREE MINUTES OF FAME I CAME TO DO SOME TRASH TALK MYSELF.

AS YOU KNOW, WE HAD TO CANALSLE THE SHRIMP PASTA BOWL FOR THE PAST TWO YEARS. WE CANCELED THE 2021 EVENT THE BOARD DECIDED TO TRY AND SCHEDULE AN EVENT FOR OCTOBER HOPING THAT COVID RESTRICTIONS WOULD BE LIFTED.

COVID HAS ECONOMICALLY AND EMOTIONALLY CRIPPLED OUR AREA AND THE SHRIMP FESTIVAL HAS STRUGGLED FINANCIALLY, TOO.

[00:25:02]

LUCKILY WE ARE RESERVES FOR A RAINY DAY AND WE'RE SURVIVING BUT WHAT BETTER WAY TO GET OVER THIS THAN TO HAVE A FUN EVENT IN THE FALL. FALLING FOR SHRIMP WEEKEND IS NOT THE SHRIMP FESTIVAL OR A REPLACEMENT.

THIS WILL BE THE FIRST WEEKEND OF OCTOBER AND HAVE A SMALLER FOOT PRINT FROM THE WATERFRONT TO FIVETH STREET.

THERE WILL NOT BE A PARADE, KIDS FUN ZONE.

CONTEST OR A PAGEANT. WE ARE STILL GOING TO HOLD THE FESTIVAL IN MAY 2022 AND IT IS . APRIL 30TH AND MAY 1 AND THE PARADE WILL BE BACK APRIL 28TH .

AND THE FESTIVAL COMMITTEE FEELS THE OCTOBER EVENT IS IMPORTANT FOR THE CITY AND THE COMMUNITY AS A WHOLE.

AND WE SELL SHIRTS AT THE FARMER'S MARKET ON THE 8TH AND TOLD PEOPLE ABOUT THE OCTOBER EVENT AND EVERYONE WAS VERY EXCITED AND LOOKING FORWARD TO IT HAPPENING.

AS YOU KNOW, THE SHRIMP FESTIVAL HAS A LORING ECONOMIC IMPACT FOR LOCAL BUSINESSES AND NON-PROFITS.

ALL OF THE FOOD BOTHS IN NASSAU NON-PROFITS AND UTILIZE OTHER NON-PROFIT GROUPS FOR LABOR, SETUP, TEAR DOWN, MANAGING THE MERCHANDISE AND BEER TENTS AMONG OTHER AREAS THROUGHOUT THE FESTIVAL. SOME OF YOU ARE NEW AND MAY NOT REALIZE THAT THE CITY PARTNERED WITH THE SHRIMP FESTIVAL TO PUT THE EVENT ON. WE STILL PAY OR REIMBURSE THE CITY FOR POLICE, FIRE AND RESCUE AND OTHER DEPARTMENT SERVICES.

YOU SEE A MAY BE THINKING IF THE CITY IS REIMBURSED EXPENSES, WHAT DOES THE CITY CONTRIBUTE TO THE PARTNERSHIP? TRASH. THE CITY PAYS THE TRASH BILL FOR THE FESTIVAL WHICH IS WHY I'M HERE.

IVE KNOW YOU NORMALLY DON'T START DISCUSSING THE BUDGET IN DETAIL UNTIL THE SUMMER. I HAVE BEEN TOLD THAT THERE ARE IN FACT MONIES IN THE BUDGET TO COVER BOTH THE EVENTS, OCTOBER AND MAY'S SHRIMP FESTIVAL. WHICH IS GREAT.

MOST PEOPLE DON'T REALIZE ALL OF THE PLANNING THAT'S INVOLVED TO

PUT ON AN EVENT OF THIS SIZE. >> THANK YOU, MA'AM.

>> THANK YOU. >> THANK YOU FOR COMING.

>> LET ME IF I MAY PICK UP WHERE SHE LEFT OFF.

>> LET ME TURN THE TIMER OFF. >> WHAT THE SHRIMP FESTIVAL IS ASKING IS THEY WOULD LIKE THE CITY TO CONTRIBUTE $20,000 TO FUND THE TRASH IT IS ABOUT 35 TO $40,000 FOR THE REGULAR EVENT IN PAY. IT BECOME AS TIMING ISSUE BECAUSE IT IS NEXT YEAR'S BUDGET AND SO IN MY DISCUSSION, BRIEF DISCUSSIONS WITH DAWN, I HAVE SAID, YEAH WE NEED TO FIGURE OUT WHAT SPORTS THAT. WE CAN LOOK.

>> IF YOU ARE INCLINED WE CAN FIND THE $20,000 THIS WILL BE THE NEXT FISCAL YEAR THEY NEED A COMMITMENT FROM THE CITY AT THIS POINT IN TIME TO DECIDE WHETHER TO GO FORWARD WITH THE SHRIMP FESTIVAL. SHE WAS HERE TO ASK FOR YOUR SUPPORT FOR THAT IN NEXT YEAR'S BUDGET.

>> YOU NEED A MOTION OR A RESOLUTION ON THIS?

>> COMMISSIONER? >> COMMISSIONER BEAN.

>> IT IS A GREAT IDEA TO GET A MOTION AND EVENTUALLY A VOTE

AFTER THE DISCUSSION. >> THANK YOU.

>> IN THAT CASE I MOVE TO APROVE THE EXPENDITURE AND CONSIDERING THAT WE HAD NO SHRIMP FEST WE HAVE $40,000 IN THE BUDGET THAT WE DID NOT SPEND THIS YEAR GEARED TO THE FEST.

WE NEED TO MAKE SURE WE TAKE CARE OF AND MOVE THE TRASH EXPENDITURE REDUCED FOR OCTOBER OF THIS YEAR.

>> I SECOND IT. >> I HAVE A MOTION AND A SECOND. DISCUSSION?

COMMISSIONER ROSS. >> A COUPLE OF QUESTIONS FOR THE MANAGER. SO,.

>> WHAT IS BUDGETED THIS YEAR? >> DO WE HAVE $40,000 IN THIS YEAR'S BUDGET FOR LAST MAY'S EVENT?

>> BUT. >> SO THAT MONEY IS GONE?

[00:30:02]

>> CORRECT. , WE HAVE NO MONEY BEFORE SHRIMP

FEST. >> THAT'S APPROPRIATE FOR SHRIMP

FEST. >> NUMBER 2, THE ASK HERE IS FOR 20 GRAND FOR OCTOBER AND 40 GRAND FOR NEXT MAY, IS THAT

CORRECT? >> THAT WOULD MOST LIKELY BE THE REQUEST, THE REQUEST IS 35 TO 40.

THIS IS FOR 20. >> SO, 60 GRAND?

, ADDITIONAL 20 GRAND? >> YES, SIR.

>> YES, SIR. >> THAT WOULD BE, WE WOULD TYPICALLY GIVE 40 COMING IN THE BUDGET THAT'S FROM LAST YEAR THAT GOING FORWARD BUT NOW WE'RE ASKING FOR AN ADDITIONAL 20

GRAND. >> TO BE INCLUDED IN THE 21-22

BUDGET. >> WHAT REVENUE WHERE IS THE

REVENUE COMING TO SUPPORT THAT. >> THAT AS COMES FROM THE

SANITATION FUND. >> THAT'S NOT WHAT I MEANT.

>> OVERALL SO THAT'S GOING TO COME OUT OF THE AD VALOREM.

>> NO SANITATION BY THE FRANCHISE AGREEMENT 10% THAT IS ALLOCATED ON RESIDENT'S BILLS THAT THE CITY RETAINED, WE BILL

ON BEHALF OF WASTE MANAGEMENT. >> CAUGHT OF THE SANITATION NOD AT AD VALOREM. 20 GRAND OUT FOR -- IN THE UPCOMING BUDGET? , CORRECT.

WE WOULD INCLUDE THAT IN THE BUDGET TO BE PRESENTED TO YOU.

>> WHAT WILL NOT BE FUNDED IF WE, WE'RE MAKING DECISIONS THAT WILL AFFECT THE SAN STATION DEPARTMENT WHAT WILL NOT GED FUNDED THAT WOULD HAVE BEEN FOUNDED WITH 290,000.

>> I HAVE TO REVIEW THE FUND PREPARED BUDGET FOR NEXT YEAR WE HAVE NOT REVIEWED THAT AT THIS POINT IN TIME.

WHAT DOES THAT FUND FUND? CIRCUMSTANCES THAT IN THE -- IT MAY BE, IT IS PROBABLY IN THE FINANCIAL REPORTS THAT PAULINE TESTAGROSE GAVE BUT SHE WILL LOOK IT UP.

>> THIS IS THE FIRST I HEARD ABOUT THIS.

>> WHAT IS THE CURRENT BALANCE? >> WHAT ARE WE GOING TO CUT OUT

TO FUND THIS? >> I THINK THERE IS SUFFICIENT BALANCE IN THE RESERVES TO FUND THIS.

RIGHT. >> ALL RIGHT.

>> THAT'S FINE. >> OKAY.

>> VICE MAYOR? >> IT PROVIDES FUNDING FOR NON-PROFITS THAT LOST THAT OPPORTUNITY.

I'M ASSUMING, I'M ASKING THAT OCTOBER THE OPPORTUNITY WILL BE

MADE AVAILABLE TO THEM? >> YES, SIR.

WHEN WE HAVE EXTRA MONEY. >> CAN YOU.

>> THE FOOD CHECKS. >> DAWN LUND TREASURER OF THE SHRIMP FESTIVAL. IS THAT GOOD? YES, THE NON-PROFITS WHO DO THE FOOD BOOTHS WE JUST GET A SMALL PERCENTAGE OF THEIR GROSS TAKE. WE SELL T-SHIRTS, MERCHANDISE AND EVERYTHING. THEY WILL BE HERE.

>> THAT'S WHAT I WAS ASKING. >> I MISUNDERSTOOD THE QUESTION. WE HAVE COMMITMENTS WE'LL HAVE ABOUT 20 FOOD BOOTHS AND COMMITMENTS FROM 20 NON-PROFITS. , THANK YOU.

>> THANK YOU, MA'AM. >> ANY OTHER COMMENTS, COMMISSIONER ROSS, YOUR LIGHT ON.

>> CALL THE VOTE. >> CAN YOU BEFORE WE CALL THE

VOTE STATE WHAT THE QUESTION IS. >> RESTATE THE MOTION.

>> A COMMISSIONER BEAN MADE A MOTION TO SUPPORTING EVENT IN OCTOBER 2021 FOR $20,000. SECONDED BY COMMISSIONER

STURGES. >> THANK YOU, MA'AM.

>> YOU'RE WELCOME. >> SO, WE'RE VOTING ON THE

ADDITIONAL 20,000, NOT 40,000. >> THAT'S MY UNDERSTANDING.

>> MR. BEAN? >> MR. MAYOR IF I'M CLEAR WE HAVE CONTINUALLY HAD THAT $40,000 THAT'S IN THE BUDGET AS OF RIGHT NOW WHEN AND APROVE THAT.

WE'RE COMMITTING TO THE 20 THOUSAND DOLLARS IN THE REGULAR BUDGETS PROCESS WILL HAVE THE FULL AMOUNT WE CAN COMMIT TO.

>> THAT'S MY UNDERSTANDING. >> EXCELLENT.

>> BUT SO IT IS CLEAR. >> THE BUDGET HAS NOT BEEN

[00:35:01]

>> ARE YOU MAKING THIS MORE DIFFICULT.

DO WE WANT TO GIVE THEM $20,000 OR NOT? THAT'S THE HEARTIVE THE QUESTION.

>> OKAY. MADAM CLERK, CALL THE VOTE.

>> COMMISSIONER BEAN? >> YES.

>> STURGES, YES. >> ROSS.

>> YES. VICE MAYOR, MAYOR LEDNOVICH.

>> YES. >> JULIE FERRARA.

, 501 DATE STREET. I UNDERSTAND THAT SOMETIME IN THE FUTURE THAT THE MAIN STREET PROJECT WILL BE DECIDING THE CONSISTENCY AND DESIGN FOR THE LIGHTING BUT MY CONCERN IS STILL ABOUT THE LIGHTING THAT GOES DOWN ATLANTIC BOULEVARD TO THE BEACH. AND THE LIGHTING THAT IS IN OUR NEIGHBORHOODS SO I CAME TO ASK YOU AND THE CITY MANAGER, OR SOMEONE, FOR A UPDATE OF WHERE THE CITY IS WITH THE NEGOTIATIONS WITH FPU REGARDING THE DESIGN AND RATINGS AND THE LIGHTS THAT WE'RE CONSIDERING. AND FROM WHAT I CAN SEE IT IS LIKE LIGHTS ARE BEING REPLACED AND THE DISCUSSION HAS NOT TAKEN PLACE BUT I WOULD LIKE TO SEE WHAT THE CATALOG IS WHERE THE CITY GETS TO SEE WHAT THEY ARE THE STYLE OF THE LIGHTING SO -- I DON'T KNOW WHEN THE DISCUSSION WILL HAPPEN WITH FPU AND MAKING THE DECISION FOR THE CITY AND WHETHER THAT WILL BE ANY INPUT THAT'S WHY I'M HERE TO ASK THE QUESTIONS.

>> WOULD YOU LIKE SOME ANSWERS? >> CITY MANAGER?

>> IF WOULD YOU, PLEASE. THANK YOU.

>> AND I DO HAVE MONTHLY MEETINGS WITH MR. SEACRAIG THE LIEDON FOR FPU WHAT'S HAVE NOT HAD THE MEETING SHARED WITH HIM AS AN ITEM OF CONCERN FOR THE CITY OF NEIGHBORHOOD STREETLIGHTS, BEACH STREETLIGHTS ADD MAIN STREET STREETLIGHTS THAT WILL BE AFTER THE NEXT MEETING SCHEDULED FOR LATER THIS

MONTH. >> ARE WE AT THE MERCY OF THEIR

CALENDAR? >> THAT'S WHEN WE HAVE OUR MONTHLY MEETING MR. HE DOES NOT LIVE IN THE AREA SO --

>> UNDERSTAND. >> THAT'S WHY WE SCHEDULE.

>> AND TALK TO CITY MANAGER ABOUT IT.

BASICALLY THE TARIFF IS ON PAGE 56 OF THE PUBLIC UTILITY WEB SITE U IT DOES LIST WHAT WE CAN GET AND WHAT THE COSTS -- COTS ARE. THAT'S WHAT WE LOOK AT.

THAT HE ARE REPLACING WITH LEDS AND I DIDN'T SEE LEDS ON THE TARIFF BUT WE ARE THE CUSTOMER TELLING THEM WHAT WE WANT.

AND DALE IS GOING TO DEAL WITH THAT.

YOU KNOW AND YOU KNOW WE SHOULD HAVE KNOWN.

THEY SHOULD HAVE COME TO US. THERE WILL BE COSTS AND HOPELY

THAT WILL BE RESOLVED QUICK T. >> PUBLIC INPUT ON THE PROJECT.

>> THERE WILL BE -- I WILL BRING THAT TO YOU HOW TO ENGAGE THE PUBLIC AND HOW AS THE VICE MAYOR POINTS OUT.

THAT'S HOW YOU DECIDE TO GO FORWARD WITH IT.

>> THANK YOU, SIR. >> MISS FERRARA?

>> I WOULD LIKE TO ASK THAT WHEN YEAR AREA IN THE DISCUSSION WITH FPU, IF WE WANT THE GOLDEN GLOW THE CITY HAD FOR A LONG TIME.

FROM MY RESEARCH AT LEAST WE'RE LOOKING AT A KELVIN FACTOR OF 303,300 KELVINS, I DON'T KNOW WHAT THAT MEANS BUT THE INTENSITY AND COLOR OF THE LIGHT.

THAT'S AN IMPORTANT THING FOR US TO BE AWARE OF.

>> THANK YOU. >> BRADLEY KNOWS THAT.

HE'S IS AN ENGINEER. >> GOOD NUMBERS.

>> THAT IS ALL THE PUBLIC COMMENT THAT I HAVE FOR ITEMS NOT ON THE AGENDA. 6 THE CONSENT AGENDA.

[6. CONSENT AGENDA]

>> MOVE TO APPROVE. ANYTHING PULLED.

I WOULD LIKE TO PULL 6.3. >> COMMISSIONER BEAN?

>> I MOVE TO APPROVE THE REMAINDER OF THE CONSENT

AGENDA. >> I HAVE A MOTION AND A SECOND. MADAM CLERK CALL THE VOTE.

>> COMMISSIONER BEAN, YES,. >> STURGES, YES, ROSS, YES,

[00:40:02]

MAYOR LEDNOVICH, YES. >> 6.3 IS THE BUDGET AMENDMENT

[6.3 BUDGET AMENDMENT - CITY CLERK'S OFFICE]

>> WE'RE NOT APROVING THE BUDGET AN AMENDMENT TO THE BUDGET.

THIS HAS NOTHING TO DO WITH THE BUDGET.

WHY WE DISCUSSING THE BUDGET THAT HAS NOT BEEN PROPOSED?

>> I'M SORRY MAYBE I MISREAD THAT.

>> THIS IS AN AMENDMENT TO THE BUDGET?

>> YES. >> MR. MAYOR.

>> THIS IS AN AMENDMENT FOR $15,000 TO COVER THE COSTS.

>> SORRY OF THE MAIL-IN BALLOT ELECTION.

YOU CAN SEE THANK YOU, MR. ROSS.

>> THERE ARE A LOT OF MOVING PARTS.

>> WHY WE'RE TALKING ABOUT THAT.

>> SORRY. I MISREAD THE AGENDA.

>> DO I HAVE A MOTION. >> I MOVE TO APPROVE.

>> CALL THE VOTE.

, LET'S SEE WHAT OTHER MAKESKY MAKE.

>> CAN YOU DO THAT AGAIN. THAT WEAK NEBISH.

[7.1 PROPERTY RESTRICTION RELEASE]

>> LET'S SKIP 1. WE'RE OKAY.

>> OKAY. >> DON'T SCARE ME.

IMPORTANT OF A PARCEL IN THE AIRPORT AND IDENTIFIED IN THE RESOLUTION SEEKING A RELEASE FROM FAA RESTRICTION AND THE PROPERTY OWNER'S REQUESTING THE REMOVAL OF THE RESTRICTION WHICH DOES NOT IMPACT AIRPORT OPERATIONS.

>> RECOMMENDATION APPROVAL. >> SECOND.

>> A MOTION AND SECOND. ANY DISCUSSION?

>> YES. >> ON 7.1.

>> COMMISSIONER ROSS? >> NUMBER ONE I WOULD FIRST LET ME UNDERSTAND SOME THINGS. FIRST OF ALL, ZONING RUTH NOW SHOWS THAT THIS PARCEL THAT'S ON THE COUNTY WEB SITE THIS IS A QUESTION FOR THE CITY MANAGER PROGRAMS IS ON THE CITY WEB SITE THAT SHOWS THE PARCEL IS NU 1 AND MIXED USE.

>> I CAN ANSWER THAT. >> AND THE PARCEL MU AND THE --

MU-1. >> AND THE MAP IS MIXED USE AND

MU-1 BUT IT IS COMMERCIAL. >> WHY IS THAT NOT BEEN, THE QUESTION IS WHY ANSWER THE COUNTY MAP -- YOU ARE CORRECT, CORRECT IS COMMERCIAL, WHY HASN'T THAT BEEN FIXED?

>> LET ME GO BACK ONE FOR THE COMMISSIONERS AND PUBLIC YOU STUDIED THIS. THE, WE WENT BACK AND FOUND THAT THE ORIGINAL ORDINANCE THAT REZONED THE PROPERTY.

AND IT IS ZONED COMMERCIAL. WHAT IS ON THE MAPS THAT YOU BRING UPJOHN LINE FROM THE PROPERTY APPRAISER'S GIS SYSTEM IS MIXED USE. THAT'S NOT THE LAW WHAT IS PUBLISHED ON THE WEB SITE. THAT'S JUST A TOOL.

THE LAW IS IN THE ORDINANCE. WHY IT HAS NOT BEEN CHANGED THROUGH THE MAPPING SYSTEM? ,KY NOT ANSWER.

I'M NOT SURE THE CITY MANAGER CAN ANSWER THAT.

WE KNOW IT NOW AND THAT CAN BE RECTIFIED.

THE PROPERTY OWNER MY UNDERSTAND SOMETHING ACTUALLY AWARE AND THE REALTOR WORKING WITH THE PROPERTY OWNER THAT IT IS

COMMERCIAL. >> THE ONLY OTHER THING I WANT TO SAY I SPOKE ABOUT THIS WITH THE COMMISSIONER ROSS AND THE CITY MANAGER THIS MORNING IS THIS IS VERY CLOSE TO THE END OF RUNWAY NOT CLOSE ENOUGH THE FAA WOULD LIKELY KEEP RESTRICTIONS ON THERE AND BUT IT IS CLOSE ENOUGH CRANE ISLAND DEVELOPMENT

[00:45:03]

AN AN EASEMENT BE RECORDED ON THE PROPERTY IN ORDER FOR THE FAA TO RELEASE THE RESTRICTIONS AND IT AN EASEMENT PUTS EVERYONE ON NOTICE THROUGH TITLE SEARCHES WHEN THEY GET INSURANCE USUALLY THAT THERE IS AN AIRPORT NEARBY IF THEY DIDN'T KNOW IT.

THERE IS AN AIRPORT THEY ARE IN THE PATH OF A RUNWAY.

SO, IT PROTECTS THE CITY CERTAINLY FROM ANY LITIGATION AND PUTS THE PROPERTY OWNERS ON NOTICE.

>> CAN I KEEP GOING. >> DO WE NEED TO INCLUDE THAT -- THAT WAS THE SECOND POINT. YOU KNOW THE AMENDMENT, DOES THAT NEED TO BE INCLUDED IN THE MOTION?

>> YES. THAT WOULD BE HELPFUL.

>> MAKE AN AMENDMENT TODAY, I WANT TO MAKE SURE MY UNDERSTAND SOMETHING CORRECT THE RESTRICTION ON THE PORTION THE EAST PART OF THE PARCEL THAT'S THE EAST THIRD AND MORE OR LESS THE PARCEL. AND WHEN THE RESTRICTION IS ONLY FOR THE VERTICAL IMPROVEMENTS NOT THE HORIZONTAL, AND IF THEY WANTED TO DEVELOP THE PROPERTY AS IS WITHOUT TAKING THIS OFF.

THEY CAN COME IN PUT A PARKING LOT THERE OR ACCESS MORE LIKELY

THAN NOT? >> TO ANSWER THE FIRST QUESTION I PROVIDED A SURVEY. AND THE SOUTHEAST THIRD OF THE PARCEL. WHAT THAT IS.

THAT'S -- IN 1954 WHEN IT RELEASED THE PROPERTY FOR THE USES, AT THE TIME I ELCOMING FROM THE MILITARY SIDE HAD WHAT IS A CLEAR ZONE AND A LARGE BOX.

YOU HAVE SEEN. THAT THAT THE WAS IN EXISTENCE.

THE WHAT I THAT IS LISTED WITHIN THE RESTRICTION FROM 1954 WAS YOU CANNOT CONSTRUCTS OR ERECT A STRUCTURE.

THE FAA, MR. COBB. HE IS THE PROPERTY OWNER HE ASKED THE FAA THAT QUESTION AND IF IT IS IT THAT'S A VERTICAL IMPROVEMENT. I THINK THAT IS LIKELY THE EXTENT. THE CITY IS REQUESTED BEFORE THEY WOULD PRETTY THAT. THERE IS NO NEED TO PRETTY THAT. THE REASON I BRING THAT UP.

AND THE TREES. WE RELEASE THIS IT CUT DOWN TREES TO PUT IN MORE LIKELY THAN NOT?

>> THERE IS, I THINK IT IS LIKELY THAT WOULD BE THE POSITION, I CAN'T SPEAK TO THAT FIRMLY UNTIL THEY GIVE THAT

POSITION. >> I WOULD LIKE TO MAKE AN AMENDMENT THAT THE LEASE I DIDN'T KNOW THIS WORD ABIGATION

EASEMENT. >> I SHARED I FAILED TO PUT THAT IN THE PACKET I E-MAILED THAT OUT AND THE VERBAGE.

>> I NEED A SECOND. >> I SECOND THE MOTION, I THOUGHT THEY SPELLED IT WRONG. , WE HAVE TO VOTE.

>> AND YES WE DO. >> AND.

PRIMARY MOTION? >> AS AMENDED.

>> THERE IS A MOTION COMMISSIONER BEAN FOR THE

RESOLUTION. >> WILL YOU CALL THE VOTE.

LEDNOVICH. I'M SORRY I WANTED TO SAY THAT THE VERY LAST MEETING, WE WERE MAKING FRIENDLY AMENDMENTS AND VOTING ONCE AND THAT WAS NOT PART OF THE RULES I SAID --

[00:50:02]

THAT'S ALL. >> 7.2 SEASIDE AT AMELIA

[7.2 SEASIDE AT AMELIA SUBDIVISION WALKWAY]

IF AN AGREEMENT CAN BE REACHED. >> I MOVE TO APPROVE.

>> SECOND. >> A MOTION AND A SECOND.

>> COMMISSIONER BEAN? >> THANK YOU, MR. MAYOR, I WANT TO BE CLEAR WHAT WE'RE APPROVING FOR THE MANAGER TO NEGOTIATE WITH THE NEIGHBORHOOD WE'RE APPROVING THE NEGOTIATIONS TO COME BACK WITH AN ANSWER. I'LL VOTE YES I WOULD LIKE TO SEE WHAT THE NEGOTIATIONS COME BACK WITH.

>> AND I WANT ANSWER THE SECOND QUESTION BEFORE WE ANSWER THE NEGOTIATION QUESTION. IF WE ACCEPT THE RESPONSIBILITY FOR MAINTAINING AND REPAIRING THE STRUCTURE, WE'RE MAKING A PROMISE WHICH I BELIEVE THAT IF WE I BELIEVE THAT, I DO BELIEVE IT IS THE FUNCTION YOU HAVE THE CITY GOVERNMENT TO OPERATE AND MAINTAIN AMENITIES LIKE THE WALK.

I'M VERY MUCH FOR THAT. HOWEVER, IF YOU GO TO THE LITTLE BOOK THAT I RECOMMENDED THE GOVERNMENT FINANCE BOOK AND READING FROM IT. THE OPERATING BUDGET AND CAPITAL IMPROVEMENT DEVELOPED WITH A CLEAR FOCUS ON LONG-TERM SOLVENCY AND SUSTAINABILITY, COMMITMENTS TO CONTINUING OUTLAY SHOULD BE AVOIDED UNLESS ONGOING SUPPORTING REVENUE GROWTH IS ASSURED. ONGOING REVENUE GROWTH.

NON-RECURRING SHOULD BE USED TO FINANCE THE CONTINUING OPERATIONS. AND IT'S MY UNDERSTANDING THAT FOR THIS STRUCTURE, THE HANDRAILS NEED TO BE REPLACED ARE NEAR APPROXIMATELY $62,000. WHICH IS NOT LISTED.

THE EXISTING NEEDS TO BE -- PLANKING NEEDS TO BE REPLACED, INCLUDING THIS ILLS YEAR, THAT'S 11,000 A YEAR FOR THE NEXT FIVE YEARS. THE PRICE ESTIMATE DOES NOT REFLECT THE INCREASE IN LUMBER PRICES WHICH WE NOSE HAVE GONE UP SIGNIFICANT LIVE. IN THE NEXT THE STRUCTURE NEEDS

TO BE REPLACED. >> WE'RE TAKING ON ANOTHER LIABILITY OF $450,000. IT IS STRUGGLING TO MAINTAIN AND REPAIR THE ASSETS. I WOULD LIKE TO HEAR THE DISCUSSION BEFORE WE NEGOTIATE AND WHAT WILL WE ELIMINATE OR INCREASE REVENUE TO PAY FOR THIS.

, WE'RE NOT GOING DOWN THAT ROAD.

MAY I ASK WHY NOT? >> THE MOTION WE'RE CONSIDERING IS WHETHER TO ENTER INTO NEGOTIATIONS ON POSSIBLY TAKING

RESPONSIBILITY FOR THE WALKWAY. >> WELL, WHY WILL WE SPEND TIME AND EFFORT ON SOMETHING THE STAFF'S TIME AND EFFORT IF WE'RE NOT GOING TO SUPPORT HOW WE FUND IT.

>> WHAT I WANT TO KNOW. >> WE'RE NOT AT THAT POINT, COMMISSIONER ROSS, WE'RE NOT AT THE POINT OF ACCEPTANCE OF THE RESPONSIBILITY FOR THE WALKWAY. I THINK THAT DISCUSSION IS HELD

AT THAT POINT. >> I DISAGREE.

>> WELL YOU CAN DISAGREE, I WILL SUPPORT THIS I WANT TO GO BACK.

THIS ACTUALLY WALK OVER WALKWAY IS IN THE CITY RIGHT OF WAY AND WAS ACTUALLY BUILT INSTEAD OF A ROAD.

>> IT WAS BUILD BY THE CONSERVATIONISTS WHO FOUGHT THE BATTLE AND GOT IT DONE. SO, AS ADD I THINK THAT THE TESTIMONIES ARE INTERESTING, I'M NOT OPPOSED BUT IF WE TALK ABOUT IT UNTIL WE HAVE A REVENUE SOURCE.

>> ANY OTHER DISCUSSION ON THE MOTION?

[00:55:02]

>> SEEING NONE. CALL THE VOTE.

>> COMMISSIONER BEAN.

>> THAT PASSES 4-1. 7.3 THE BEACH ACCESS COMMITTEE

[7.3 BEACH ACCESS COMMITTEE FINAL REPORT]

FINAL REPORT. >> GOOD EVENING.

I JUST WANTED TO PROVIDE RE-READING THE RESOLUTION TODAY I WANTED TO PROPOSE FROM STAFF FOR YOUR CONSIDERATION, THERE IS ONLY ONE MOTION THE LANGUAGE IN SECTION 1 SAYS RIGHT NOW THE CITY COMMISSION HEREBY ADOPTS THE BEACH ACCESS COMMITTEE FINAL REPORT. THAT'S AMBIGUOUS ABOUT WHAT THAT MEANS AND WHAT THE COMMISSION AND THE RESPONSIBILITIES ARE GOING FORWARD. I WOULD LIKE TO OFFER THIS LANGUAGE. THE INTENT OF THE WORD "ADOPT." THE COMMISSION HEREBY ACCEPTS AS GUIDANCE FOR FUTURE CAPITAL IMPROVEMENT PLANNING THE BEACH ACCESS COMMITTEE FINAL REPORT OF RECOMMENDATIONS AT CITY BEACH ACCESSES ATTACHED HERETO AS EXHIBIT A AND CAPITAL IMPROVEMENTS ARE COMPLETED ONLY TO TO THE EXTENT THE COMMISSION MAKES APPROPRIATIONS IN THE BUDGETING PROCESS. , AFTER HAVING DISCUSSIONS WITH YOU HAVING BEEN HERE I HAVE SEEN IT MY FIME I KNOW WE HAVE IF WE APPROVE THIS. THERE IS AN EXPECTATION NOT JUST COMMITTEE MEMBERS THAT YOU ARE COMMITTING FOR YEARS TO COME TO FIXING, REPLACING THE ACCESSES TO DO THAT.

>> AND ADD APPROPRIATED. AND OLD RESOLUTIONS FROM 1983 AND SAYS THAT YOU HAVE TO DO THIS.

AND THEY ARE NOT BINDING CAN YOU RAID THAT ONE MORE TIME.

THE COMMISSION PROPOSED NEW LANGUAGES THE COMMISSION ACCEPTSS AS GUIDANCE FOR FUTURE CAPITAL IMPROVEMENT PLANNING THE BEACH ACCESS COMMITTEE FINAL REPORT OF CONSTRUCTION AND MAINTENANCE RECOMMENDATIONS AT CITY BEACH ACCESSES ATTACHED HERETO AS EXHIBIT A AND CAPITAL IMPROVEMENTS ARE COMPLETED ONLY TO THE EXTENT THE COMMISSION MAKES APPROPRIATIONS IN THE BUDGETING PROCESS WHICH IS A STATEMENT OF WHAT THE PLAN IS.

>> I HAVE NO MOTION. >> AND I THE MOTION I WOULD MOVE TO ACCEPT THE RECOMMENDATION THANK YOU.

>> MR. BEAN, I'LL VOTE YES. >> THEY HAVE A LOT OF WORK AND PUT A LOT OF EFFORT IN AND GOOD JOB.

, ANY OTHER DISCUSSION? , SEEING NONE.

MADAM CLERK, CALL THE VOTE.

>> THAT PASSED 5-0. MY THANKS FOR A JOB WELL DONE.

[7.4 SOLE SOURCE VENDOR APPROVAL - GOVERNMENT SERVICES GROUP, INC]

>>> 7.4 SOLE SOURCE VENDOR APPROVAL.

GOVERNMENT SERVICES GROUP; THANK YOU, MR. MAYOR.

IN ACCORDANCE WITH THE PROVISIONS OF WHAT IS REFERRED TO AS THE AMERICAN RESCUE PLAN ACT SIGNED BY PRESIDENT BIDEN MARCH 12TH, THE CITY IS ANTICIPATING A WINDFALL OF $5.5 MILLION. THERE ARE PURPOSES FOR WHICH THE MONEY CAN BE USED AND WE WOULD LIKE TO REQUEST THE ASSISTANCE OF GOVERNMENT SERVICES GROUP TO ASSIST THE CITY IN MAXIMIZING THE FUNDING AND MAKING SURE WE'RE SPENDING IT ON THE RIGHT THINGS AND MOST IMPORTANTLY, PROVIDING ACCURATE REPORTING TO HOW THE MONEY IS SPENT. FOR THE INFORMATION AND GOVERNMENT SERVICES GROUP WAS UTILIZED AND EXPEDITE AND THE CARES ACT FUNDING WHICH IS A PANDEMIC RELATED

[01:00:05]

APPROPRIATIONS. >> MOVE TO APPROVE.

>> SECOND. >> A MOTION AND A SECOND.

ANY DISCUSSION ON 7.4? >> MR. ROSS.

>> THINK INCLUDES NOT ONLY FIGURING OUT THIS IS FOR THE WHAT WE CAN SPEND ON BUT MONITORING THE EXPENSE THE WHOLE

PACKAGE. >> YES.

>> VICE MAYOR? >> THIS GROUP ARE THE ONES WHO DID THE WEB NEAR WHICH CHIP WAS AT, I WAS AT.

AND IT IS AVAILABLE IT IS COMPLICATED WHEN YOU DEAL WITH THE FEDERAL GOVERNMENT. , MY QUESTION WAS ANY TIME THAT WE CONTRACT WITH THE CONSULTANT.

WE HAVE THIS DISCUSSION AT OUR LAST MEETING.

, WE'RE GETTING FEDERAL MONEY AND GIVE SOMEONE 35 GRANT GRAND OF THAT, WHY IS THAT. WE DON'T HAVE THE COMPETENCY TO DO THE FILING NOR TO PROPERLY IDENTIFY WHICH PROJECTS

QUALIFY. >> WE NEED AN OUTSIDE EXPERT.

SO THAT'S THE ANSWER TO THAT QUESTION.

>> ANY OTHER DISCUSSION ON 7.4? SEEING NONE.

MADAM CLERK. CALL THE VOTE.

[Items 7.5 - 7.7]

THANK YOU. >> I MOVE TO APPROVE 7.5 THROUGH

7.7 AS A BLOCK. >> WOULD YOU RESTATE THAT.

>> I MOVE TO APPROVE 7.5 THROUGH 7.7 AS A BLOCK.

THEY ARE VERY SIMILAR IN EFFECT.

>> WE HAVE A MOTION, DO I HAVE A SECOND.

>> AMOTION AND A SECOND. 7.3 THROUGH -- 5 THROUGH 7.

>> SORRY, YES. ANY DISCUSSION.

VICE MAYOR? >> I WILL VOTE FOR THIS BUT I WILL POINT OUT IF YOU LOOK AT THE SECOND ONE FOR $85,000, THERE IS A QUESTION ON THAT. I HAVE TO SAY WITH THE CITY ENGINEER WE ACTUALLY -- THE BACKGROUND WE'RE REQUIRED TO ANNUALLY DO SURVEYS. WE DID A SURVEY FOR $120,000 IN 2019 IT. THIS WOULD, THE DISCUSSION HAD BEEN IF WE COULD DO THE SURVEY AND NOT PAY THE $35,000 FOR THE REPORT AND IT WOULD BE THERE WHEN WE NEEDED IT.

HE WILL DO THAT AND HAVE THAT DISCUSSION, HE DID WANT TO US GO AHEAD AND APPROVE AND. RIGHT NOW WE DO NOT HAVE AN CONTRACT SO THERE IS NO THIS IS MSTU MONEY.

AND SERVICE TAXING UNIT MONEY. >> COMMISSIONER STURGES.

>> BUT THEN WHAT GOOD IS A SURVEY WITHOUT A REPORT.

SOMEONE COMES BACK AND SAYS YOU DID A SURVEY WHERE IS YOUR

PROOF. >> THE DATA THERE, HE WILL HOLD THE DATA FOR US. THE SURVEY BOOK IS.

>> THAT'S THE WHOLE DEAL AND THE CAPITAL IMPROVEMENT PANEL WAS ADJUSTED TO PUT THAT IN THERE. WE ADJUSTED.

THERE IS ACTUALLY 35, YOU KNOW WE ADJUSTED IT TO BE I GOT IT.

>> TO REFLECT THAT WHAT HAPPENED ANNUALLY AND BE RETRIEVABLE ANNUALLY. THAT'S CRITICAL IN TERMS OF SHOULD A HURRICANE COME IT IS THERE.

TO PAY $35,000 WITH A BOOK THAT WE THAT YOU UNDERSTAND BUT I

DON'T. >> POINT WELL TAKEN.

>> COMMISSIONER ROSS? >> THE REASON I WOULD HAVE PREFERRED TO PUT THEM IN THERE AND STRIP OUT THE MONEY.

>> AND ANY OTHER DISCUSSION? SEEING NONE, WILL YOU CALL THE

VOTE ON THIS. >> COMMISSIONER BEAN,.

[01:05:08]

I HAVE TO APOLOGIZE I'M RUINING ON FUMES HAVING DEALT WITH A VERY SUPPORTED MY VERY ILL SPOUSE.

FOR THE PAST SEVERAL DAYS WE HAVE BEEN FROM DOCTOR TO DOCTOR, ET CETERA, ET CETERA. BEAR WITH ME.

IF YOU WOULD, NOT MY BEST MEETING.

>> OKAY. >> I MISSED SOME PUBLIC SPEAKERS ON THE ACCESS I HAVE MY NOTE SAID THREE I ONLY HAVE ONE FORM.

>> I HAVE COLLEEN ESPERSON AND ALL THE OTHER ONES THAT I HAVE -- SORRY. THERE IS ONE BURIED HERE.

SO COLLEEN IF YOU PLEASE COME TO THE ELECTION TURN.

2700 OCEAN DRIVE CITY LIMITS AND THAT'S THE BOTTOM LINE THAT'S WHY I CAME HERE I REALIZE THAT CERTAIN AMOUNT OF MONEY YOU KNOW CAN YOU ONLY GO SO FAR. THE FACT IS THAT NOTHING TO DO WITH A GOOD OR BAD JOB THEY DID A GREAT JOB.

LIKE I SAID I WALKED THEM PITCHERS NOTES I'M SIMPLE.

YOU CAN GET THROUGH THEM OR YOU CANNOT.

NUMBER 27 IS DANGEROUS AND UNSAFE.

I PULLEDLED TOO MANY PEOPLE OUT AND ATTEST WHEN ALL OF THESE PETERS POINT. BERNIE PARK THEY ARE PACKED TO CAPACITY AND OVERFLOW FROM THE DUNE WALKS, THEY ARE ON MY LAWN I HAVE THE BROKEN SPRINKLERS HEADS TO PROVE IT.

THIS IS A PROCESS. NUMBER 27 JUST SIMPLY BY MANEUVERABILITY AND PEOPLE GETTING IN AND OUT SAFETY WISE IS THE WORST. THERE IS ONE OTHER THAT'S VERY CLOSE TO IT. 35-S I BELIEVE.

BUT FOUR YEARS PLUS DOESN'T MAKE SENSE WHEN ALL THE OTHERS ARE STRAIGHT AND FLAT. I DON'T GET IT.

SO, THAT'S IT. >> DID YOU ADDRESS THIS EARLIER

IN, I DID. >> AND ADDRESSING AND PARKING ON LAWNS AND THE SAFETY ON THE WALK OVERS, WHAT SOLUTIONS OR RESOLUTIONS DO YOU SUGGEST ON THIS WALK, ON 27?

>> I'M SOMETHING THE CITY MANAGER.

>> THERE ARE BEEN OTHER QUESTIONS WHAT DO WE GO TO GET A RESPONSE AND OTHER ACCESS ISSUINGS -- ISSUES IF YOU SEE INAPPROPRIATE OR ILLEGAL PARKING CONTACT THE POLICE.

THERE IS A INCOME EMERGENCY NUMBER OR WORSE CASE CALL 911 BUT WE HAVE TO HAVE IT REPORTED TO US IN ORDER TO HAVE THE POLICE RESPOND TO ILLEGAL PARKING DON'T SEND AN E-MAIL TO THE COMMISSIONERS, THE TIME LIMITS MAY BE DELAYED.

THE BEST THING TO DO AND ON THE WEB SITE OR CALL 911.

AND THE CITY ENGINEER I DISTRIBUTE DISTRIBUTED TO YOU HIS ASSESSMENT OF BEACH ACCESS 27.

AND HE SOME ROPES SHOULD BE INSTALLED T IS LOOSE SAND.

HE DOES NOT CLAIM IT IS DANGEROUS BUT DIFFICULT TO MANEUVER. AND ADDITIONAL POSTS AND ROPES

AND SIGNAGE THAT SAYS. >> DO WE HAVE A TIME LINE.

>> THERE IS A WORK ORDER PROCESSING TO GET THAT DONE.

>> THANK YOU. >>> AND LORENA SLAUGHTER.

[01:10:01]

MA'AM. >> LOREN SLAUGHTER.

ALLEN STREET, CITY LIMITS 32034.

HONORABLE MAYOR AND COMMISSIONERS A TAX-PAYING CITIZEN OF FERNANDINA BEACH, REBUILD THE WALKWAY TO APPROACH 27. IT IS AN EMBARRASSMENT WHEN WE HAVE FRIENDS AND RELATIVES AND EXCUSE FOR THE NEGLECT LEAVING THE APPROACH UP SAFE AND UNWALKABLE.

250 NEIGHBORS AND VISITORS SHARE THE DISBELIEF THE WALKWAY HAS BEEN TORN OUT FOR TWO YEARS IN MAY FOR REPAIR IN FOUR YEARS.

MYSELF AND OTHERS WANT THE BOARD WALK WE BUILT IN A TIMELY MANNER. I HAVE 250 SIGNATURES TAKE ONE FROM MY PETITION. THE COMMITTEE HAD GOOD INTENTIONS TO BE FAIR IN THEIR DETERMINATION OF THE ORDER OF APPROACHES TO GET REPAIRED. THE DATA DOES NOT LOOK INTO ACCOUNT THE VISITORS THAT PARK AT 27 AND THE ISSUES THEY PRESENT. IT IS A MATTER OF TIME BEFORE THE CITY WILL HAVE SOMEONE HURT.

THE BOARD WALK SHOULD BE REBUILT FOR THE SAFETY OF THE DUNES, THE STORM PROTECTION THEY PROVIDE FOR PLANTS.

DR. HAV PHD AND SAYS, QUOTE, DUNES SHOULD NOT BE WALKED ON IT CREATES A FLOOD HAZARD FROM THE OBSERVER 2017.

THE BEACH AND DUNE WALK OVER GUIDELINES OF FLORIDA FROM THE DEPARTMENT OF INTERENVIRONMENTAL PROTECTION SAY WALK OVERS ALLOW FOR VEGETATION AND SAND BUILD UP AND PROTECT THE NATURAL VEGETATION PROVIDING PUBLIC ACCESS AND PROVIDING DURABLE STRUCTURES TO ENSURE DO YOU TOURIST ENJOYMENT IS A HIGH PROPERTY AND PROTECT THE DUNE TOP TOP GRAVY FROM PEDESTRIAN TRAFFIC AND ALLOW FOR RECOVERY OF DAMAGE OR EROTED DUNES.

DO NOT LEAVE APPROACH 27 AS A GOAT TRAIL.

WE'RE NOT GOATS. WE'RE TAX-PAYING CITIZENS AND VESTOR OF FERNANDINA BEACH. WE PAY HIGHER TAXES TO LISTEN IN WALKING DISTANCE TO THE BEACH WE DID DALE LU NOW I DRIVE TO A DIFFERENT APPROACH WITH THE BOARD WALK EVERY DAY.

OUR ECONOMY IS BASED ON TOURISM.

TOURISTS, RESIDENTS SHOULD HAVE A SAFE BOARD WALK TO ACCESS THE BEACH AND PROTECT THE ENVIRONMENT.

LISTEN TO THE 250 PLUS SIGNATURES AND SIGNERS I PRESENTED TO YOU THAT WANT THE APPROACH 27 FIXED NOW.

>> ANY OTHER COMMENT. NOW TO ITEM 7.8 THE OPIOID

[7.8 OPIOID LITIGATION]

LITIGATION. >>> AS YOU KNOW READING PAPERS THE THERE WAS A LAWSUIT A COUPLE OF YEARS AGO ANSWER THE BIG PHARMECUTICAL COMPANIES THAT PRODUCED MEDICATIONS AND THE STATE HAS THREE OPTIONS FOR WITH THE COMPANIES.

PURDUE PHARMA FILED BANKRUPTCY. I FILED A CLAIM BECAUSE OF THE BANKRUPTCY THE ATTORNEYS THE ATTORNEY-GENERAL AND BROWARD AND MIAMI HAS FILED A SUIT. THEY'RE COMBINING THESE AND THE BOTTOM LINE IS THAT WE ARE A SMALL PIECE OF THE PIE WE ARE PARTICIPATING IN A SETTLEMENT WITH THREE DIFFERENT VERSIONS OF THE SETTLEMENT ARE OFF THE TOP OF MY HEAD THE SPREADSHEET IS IN THE PACT. THE TOP WOULD BE LIKE $18,000 FOR THE CITY OF FERNANDINA BEACH THE ELEMENT IS LIKE 5000 DEPENDING WHICH, I ENCOURAGE YOU TO TAKE APPROVE THE RESOLUTION AND IT CAN BE USED FOR THINGS BUT MOST LIKELY, I DON'T DETERMINE THAT, YOU WOULD IN THE BUDGET BUT IF WE RECEIVED REVENUES LIKE THIS ONE OF THE THINGS OUR POLICE OFFICERS AND FIRST RESPONDERS DO IS USE NARCAN TO TRY TO REVERSE THE EFFECTS THAT COSTS MONEY AND USE IT FOR TRAINING AND MENTAL HEALTH AS KATRINA TALKED ABOUT. I ENCOURAGE YOU TO APPROVE IT.

IT'S NOT A LOT BUT IT IS SOMETHING.

>> MOVE. >> SECOND; A MOTION TO APPROVE AND A SECOND. ANY DISCUSSION? MADAM CLERK.

[7.9 FEMA ARBITRATION]

[01:15:04]

>>> NUMBER 9. FEMA ASH STATION.

, FEE MASS THAT FAILED TO RESPOND WE ARE ELIGIBLE FOR ASH STATION WITH FEMA. AND THE CITY IS FILED FOR FUNDING IN THE AMOUNT OF APPROXIMATELY $6.5 MILLION FEMA OFFERED $630,000. , WE HAVE REACHED OUT TO LEGAL COUNSEL TO PURSUE OR PREPARE THE ASH STATION.

SHE HAS SOME ADDITIONS TO THE AGENDA SHE WANTS TO ADD BUT TO BE CLEAR WE WERE APPEALING THE NORTHERN AND SOUTHERN SECTION.

WHAT FEMA OFFERED IS RELATIVELY CLOSE FOR WHAT WE ASKED FOR.

THERE IS A DIFFERENCE. WE ASKED FOR 1.5 MILLION.

FEMA OFFERED 1.3. WE RECOMMEND STAFF RECOMMENDS THAT WE TAKE THAT MONEY AND IN A QUICK E-MAIL SERVICE WITH THE DEPARTMENT OF EMERGENCY MANAGEMENT WE CAN GET THAT MONEY QUICKLY. IT WILL BE RELATIVELY QUICKLY.

I WORK WITH AND WE WILL UPLOAD THE DOCUMENTS.

WE'LL MOVE ON WITH THE NORTHERN REFERRED TO AS PUBLIC WORKS OR PW 1035. WE ACCEPT FOR 1035 OF OR THE NORTHERN ATTENUATOR. THE SOUTHERN IS 831 THE PRIMARY ONE AND TO MOVE FORWARD WITH THE APPEAL ON BEHALF OF THE CITY

WITH FEMA. >> DO YOU HAVE A QUESTION, DO WE NEED TWO MOTIONS TO ACCEPT THE RECOMMENDATION OF ACCEPTING THE $1.3 MILLION BECAUSE THE COST OF COLLECTING THE 200,000 WILL COST US MORE AND TO HIRE SOMEONE FOR THE ASH STATION?

>> I DON'T MEAN TO ANSWER THAT WITH A QUESTION.

I HAVE A QUESTION FOR THE MANAGER THE RESOLUTION IS THE

SOUTHERN ATTENUATOR OR BOTH? >> THE NUMBER WAS 6 MILLION.

>> ONLY THE SOUTHERN. THAT MEANS THE ANSWER TO THE QUESTION IS NO I THINK TOUGH APPROVE THE RESOLUTION WITH WHAT I'M GOING TO RECOMMEND THE SPECIFIC ATTORNEY TO ASSIST US

WITH THE ASH STATION. >> DO WE NEED TO MAKE A -- DO WE

NEED TO APPROVE. >> I RECOMMEND IN THE INTEREST OF COMPLETES IN, I WOULD SAY THAT, AUTHORIZE TO WITHDRAW THE APPEAL AND ACCEPT THE OBLIGATION FOR 1035.

AND YES THE PROPOSED RESOLUTION ONLY REFERS TO PW 831 BUT I CAN ADVISE THE DEM THATIS WHATTED ON THE COMMISSION WE ARE WITHDRAWING THE APPEAL ADD WE WILL SUBMIT THE APPROPRIATE PAPERWORK. THE SECOND MOTION WOULD BE APPROPRIATE. I RECOMMEND ADDING HERE AND ONE MOTION THAT APPROVING THE REGULAR THAT THE CITY AGREE TO ENGAGE MR. ERNST ABBOTT WITH BAKER DONALDSON HE IS IN THERE IS AN OFFICE IN FLORIDA. THIS GENTLEMAN I WILL THANK THE COMMISSIONER ROSS FOR STARTING THIS.

A COUPLE OF MONTHS AGO LOOKING AROUND, YOU CAN SEE THE ATTORNEYS THAT REPRESENT CITY AND COUNTY CLIENTS, LOUISIANA AND NEW JERSEY, SANDKY, HIS NAME COMES UP OVER AND OVER AGAIN.

AS THE ONLY ATTORNEY, WE LOOKED BACK TEN YEARS THAT ALWAYS GETS

[01:20:06]

THE CODE DOES NOT REQUIRE COMPETITIVE BEDDING OR PROCESS FOR LEGAL SERVICES, I RECOMMEND ADDING TO THIS ON THE SOUTH EVERYONE ATTENUATOR 831 AND HIRING MR. ABBOTT FROM BAKER DONALDSON TO DO THAT ASH STATION WORK WITH US.

I WILL TELL YOU THIS BEFORE YOU VOTE, DO NOT FEAR PUTTING OUR EGGS IN ONE BASKET. HE CHARGES BY THE HOUR, 605 AN HOUR. HE WILL DO A LITTLE BIT OF THE WORK BUT FOR UP TO 380 TO 495 AN HOUR HIS YOUNGER PARTNERS WILL DO THE WORK. HE WILL SHOW UP AT THE MEDIATION FOR US. BUT THEY DO GREAT WORK.

AND THE OTHER IS HE PROMISED ME AND YOU ALL THAT WE WILL MEET TOGETHER IF IT HAS TO BE HERE. I HAVE NOT DONE THE RESEARCH.

HE WILL LOOK OVER THE PAPERWORK AND TELL US WHAT HE THINKS OUR CHANCES ARE SUCCEEDING AT ASH STATION ARE.

I THINK, THAT WOULD BE FOR AT A SMALL PERIOD EFFICIENT TIME COMPARED TO JUST COMMITTING RIGHT AWAY TO GOING ALL THE WAY THROUGH ASH STATION. YOU WILL HAVE THAT OPPORTUNITY TO MAKE ANOTHER BEFORE WE SAY DO ALL THE WORK LET'S SET THE

ARBITRATION DATE. >> AND COMMISSIONER ROSS ANOTHER QUESTION? , I WAS GOING TO MOVE TO

APPROVE. >> AND I'LL MAKE TWO MOTIONS.

ONE AT A TIME. >> THE COMPTROLLER POINTED OUT

IT IS THE NORTHERN 1085 NOT 35. >> OKAY.

>> 831, 1085. >> SORRY ABOUT THAT.

>> AND THE FIRST IS TO FILE THE CITY ATTORNEY'S SUGGESTION THAT

WE -- >> THAT YOU APPROVE RESOLUTION

NUMBER 202071. >> AND HIRING MR. ABBOTT, I

SECOND. >> A MOTION AND A SECOND.

THE LIGHT IS ON. >> I SPENT TIME.

>> AND A MOTION AND A SECOND. YOUR LIGHT IS ON, I WANTED TO

SAY SOMETHING. >> PROCEED, SIR.

>> THANK YOU. >> I THIS GUY IS THE GUISE.

IF WE ARE GOING TO PROCEED, IT WILL WORK, THE ASH STATION, THIS IS THE WHOLE NEW GAME FEMA, AND YOU CAN READ.

THERE IS USUALLY A POSITIVE OUTCOME NOT ALWAYS SO I THINK THIS IS THE WAY TO PROCEED. THIS WAS THE LAW FIRM THAT CAME

UP. >> AGAIN AND AGAIN; ANY OTHER

COMMENTS? >> I HAVE A COUPLE.

SO, YES, $605 AN HOUR. AND IN READING YOUR WELL WRITTEN NOTE TO US, THANK YOU. ONE OF THE STEPS WAS HIM DOING AN ASSESSMENT OF OUR CASE. SO, WHAT WOULD AN ASSESSMENT COST US. I DID NOT ASK FOR AN ASSESSMENT.

I'M GUESSING BUT I THINK IT IS A GOOD GUESS THAT DEPENDS HOW MUCH

PAPERWORK. >> THE FEAR IS THAT WE COULD GO DOWN THIS RABBIT HOLE FOR LACK OF A BETTER DESCRIPTION 50 GRAND, 60 GRAND HE SAYS THE SAYS SUCKS.

>> I THINK THE RABBIT HOLE IS SHALLOW TO BE HONEST WITH YOU ON ASSESSING THE CASE, THERE ARE ONLY SO MANY DOCUMENTS AND IT IS

BASED ON DOCUMENTATION. >> THAT'S FINE.

THAT WAS MY FIRST COMMENT. >> MY SECOND COMMENT IS ABOUT ACCEPTING THE 1.2 MILLION. AND HERE IS MY PROBLEM WITH THIS. I AGREE WE SHOULD TAKE IT.

[01:25:01]

YES. BUT MY PROBLEM IS, THIS IS A GOVERNMENT BODY. THIS IS THE FIRST TIME I HEARD THIS. AND IT HAS NOT BEEN NOTICED.

WE DON'T HAVE ANY PUBLIC COMMENT.

THE GENERAL PUBLIC IS UNAWARE OF THIS.

IT NEEDS TO BE NOTICED AND ON AN AGENDA TO DO IT PROPERLY.

THIS ISN'T THE WAY, YOU MEAN THE NORTHERN ATTENUATOR?

>> I THINK IT NEED AS RESOLUTION YOU VOTE ON.

NOTICED TO THE PUBLIC. IT CAN BE ON OUR NEXT MEETING.

, THAT'S NOT PROPER WAY. >> THAT'S NOT A PROBLEM IT DOES NOT AFFECT IT, I HAVE FOUR OTHERS.

>> I WANT TO KNOW THE UNINTENDED CONSEQUENCES.

IF WE DELAY ACCEPTING THAT ANY -- WHAT IS THE DOWN SIDE?

>> I DON'T THINK THERE IS. >> JUNE 1 IS THE NEXT MEETING.

EVERYONE IN THING IT AND PUTTING IT ON THE AGENDA?

>> ANY OTHER DISCUSSION ON THIS?

>> SEEING NONE. MADAM CLERK? WHEN YOU'RE RED.

>> THAT PASSED 5-0. ON MY RADAR, SIR.

>>> ALL RIGHT IS 7:32. WE WILL RECONVENE AT

>>> (GAVEL) WE'RE BACK IN SESSION.

AND ONCE AGAIN I -- I FORGOT TO RECOMMEND MR. CHAPMAN.

THANK YOU FOR BEING HERE. AND 8.1 AND THE NOISE

ORDINANCE. >> I WANT TO SAYS ARE YOU DOING A FINE JOB. HARDLY NOTICEABLE.

ARE YOU FEELING WORSE THAN IT LOOKS.

>>> THE NOISE ORDINANCE DO YOU WANT TO TALK ABOUT THIS FIRST OR -- OR E-BIKES, IT WILL GO A LOT QUICKER.

>> THIS IS FINE WITH ME. >> , LET'S REWIND AND GO TO

[9.1 E-BIKE SPEED LIMIT & GREENWAY PROHIBITION]

9.1. >> 9.1.

E-BIKE ORDINANCE. >> WHAT I WOULD LIKE TO DO WISE LIKE TO RECOMMEND WE TAKE THIS ORDINANCE HACKED AND REHABBINGED AND WE'RE DOWN TO AN ORDINANCE THAT ALLOWS CLASS 1 AND 2 BIKESS. CLASS 2 E-BAKES CAN BE OPERATED WITH THROTTLE ONLY 20 MILES AN HOUR.

CLASS 1 IT IS A PEDAL ASSIST FUNCTION ONLY UP TO 20 MILES AN HOUR. CLASS 3 ALL THESE BY STATE LAW AND THE ORDINANCE DEFINITION THEY ARE.

IT WAS MY UNDERSTANDING FROM THE DIRECTION AT THE LAST ECONOMY COMMISSION MEETING THE DESIRE WAS TO ALLOW AND I'M NOT SPEAKING FOR EVERY COMMISSIONER BUT THE MAJORITY TO ALLOW CLASS 1 AND CLASS 2 E-BIKES ON THE GREENWAY AND IN THE CLASS 3.

IN TALKING TO YOU AGAIN OVER THE LAST WEEK AND INDIVIDUALLY AND IN HEARING FROM MEMBERS OF THE COMMUNITY, I THINK THAT IT IS PROBABLY -- IT WILL BE IMPOSSIBLE AT THIS POINT TO ENFORCE IF WE SEE A CLASS 3. THERE IS NO WAY TO TELL ON THE GREENWAY AND SO, I RECOMMEND YOU MAKE A MOTION TO APPROVE THE ORDINANCE AND VOTE IT DOWN WITH A NO VOTE.

>> SAYS THAT AGAIN. >> YES I'LL SAY IT BECAUSE IT IS NOT IN THE RULES OF PROCEDURE BUT IN ROBERT'S RULES OF ORDER IN PARLIAMENTARY PROCEDURE, AND COMMISSIONER BEAN REMINDED THE CITY MANAGER AND I OF THIS YESTERDAY WHEN A MOTION IS MADE THEY RECOMMEND THAT THE MOTION BE IN THE POSITIVE.

SO THAT THERE IS A MOTION TO APPROVE BUT IT DOES NOT OBLIGATE TO YOU VOTE YES EVEN IF YOU MAKE THE MOTION. IT IS A MOTION TO APPROVE IF YOU'RE DESIRE IS TO TURN IT DOWN VOTE NO ON THAT

MOTION TO APPROVE. >> THANK YOU.

>> DO I HAVE A MOTION. WE DON'T HAVE REGULATIONS FOR E-BAKES ALL THEY WOULD BE PERMITTED.

[01:30:04]

>> I MAKE A MOTION TO APPROVE WITH THE PROHIBITION EFFICIENT ALL E-BIKES ON THE GREENWAY AS WE DID AT THE FIRST READING.

>> DO I HAVE A SECOND? >> A MOTION AND A SECOND.

NOW TIME FOR DISCUSSION. I DO HAVE SPEAKERS ON THIS.

>> WOULD YOU LIKE TO HEAR THE SPEAKERS BEFORE OUR DISCUSSION?

>> SURE. >> , WE CAN HEAR THE SPEAKERS.

>> JULIE FERRERA. >> AND MOTORIZED VEHICLES HAVE BEEN BANNED FROM THE GREENWAY. LETTING CLASSES OF E-BIKES AND IS A SLIPPERY SLOPE FOR THE CITY.

I THINK WE KNOW HOW THE STATE DEFINED E-BIKES BUT WE HAVE A THAT'S THE DIRECTION WE SHOULD BE THINKING.

>> AND I THINK THAT AND AND HOVER BOARDS TO BE DEVELOPED.

SO THERE ARE BLIND CURVES AND BIKERS DON'T ANNOUNCE THEMSELVES. THERE ARE PEOPLE WALKING DOGS

AND. >> THIS IS AN ACCIDENT READY TO HAPPEN. I HATE TO THINK SOMEONE HAS TO GET HURT TO BRING SOME WISDOM TO THE RULES.

HAVING A REFUGE IS WHAT THE PROPERTY WAS BOUGHT FOR.

THEY WILL NOT SEE IT AT AND ONE OF THE ELEPHANTS THIS IS GOING TO BE USED AS A WAY TO KEEP OFF AND PEOPLE ARE MORE USED TO USING IT. THE OTHER THING IS THAT I THINK WE HAVE ONE COMPANY IN TOWN AND WE HAVE MORE COMING THAT WILL BE RENTING E BIKES WE WILL BE HAVING CITIZENS OVERWHELMED WITH THE GREEN LIGHT AND HAVING TO CHOOSE WHEN THEY SHOULD GO TO AVOID MANY PEOPLE OWN THE GREENWAY OR BEING RECKLESS.

I BROUGHT SOME PICTURES, I DON'T KNOW IF WE HAVE TIME FOR THEM, PEOPLE HAVE NO BUSINESS AND IF YOU CAN'T, THEY ARE DANGEROUS.

, I WAS UPSET TO SPEAK TO A WOMAN WHO SAID I ASKED HER ABOUT THE GREENWAY AND E-BAKE BIKES SHE HAD BEEN IN COMMUNICATION AND ONE YOU HAVE THE COMMISSIONERS TOLD HER THAT THAT UPSETS ME WE'RE SPREADING THAT TO IT CITIZENS.

DID WE GET IT? >> THIS IS A CHANGE BUT YOU CAN

SEE THE ROOTS YOU SEE. >> GO AHEAD.

HOW MANY DO YOU HAVE. >> FOUR.

>> AND THIS IS WITH THE ROADS CROSSING IT.

>> AND IT IS A YOU CANNOT SEE IT COMING THE OTHER DIRECTION.

, THESE ARE THE WHAT YOU WILL SEE, THEY ARE BRANCHES THAT FALL AND CANNOT HAVE TWO PEOPLE SIDE BY SIDE.

>> AID THIS IS VERY BUDTY. HERE IS ANOTHER VIEW OF THAT SO I THINK PEOPLE NEED TO HAVE A CLEAR WHERE THEY ARE ALLOWED

EIGHT NOT ALLOWED. >> AND MR. ROBERT WELLS.

STATE YOUR NAME FOR THE RECORD. >> 284 ROB EFFORT OLIVER

AVENUE. >> CAN I MOVE THIS?

[01:35:12]

>> THERE ARE TWO THINGS I WOULD LIKE TO YOU KNOW ABOUT ME IF YOU DON'T ALREADY. AND NUMBER ONE I LOUF THE GREEN WAY I HAVE BEEN INVOLVED AND I WOULD NOT ADVOCATE FOR ANYTHING THAT I BELIEVE WOULD HARM THE GREEN WAY.

NUMBER TWO I. >> AND.

>> THE DISCUSSION HAS CENTERED AROUNDIT CLASSES.

AND A AND SHOULD WE ALLOW ONES AND NOT TWOS OR AND SO ON WE STILL HAVE NOT HIT PAY DIRT. II WOULD LIKE TO SUGGEST AN APPROACH FOR YOUR WHICH WOULD SAVE FIRST OF ALL WE'LL SCRAP THE MOTION. AND IT IS TWISTED UP AND IT IS A BIG RABBIT HOLE WITH THE MOTION OF WHAT I CALL GUARDRAILS.

>> AND AND PROVIDE SAFETY IN AND THINGS THAT CAN PROTECT THE GREENWAY. ONE HAS BEEN DISCUSSED THAT IS THE MOTION OF A 10 MILES PER HOUR SPEED LIMIT.

EVERYONE UNDERSTANDS SPEED LIMITS.

AND SPEED LIMITS CUT ACROSS ALL USERS.

IF THEY HAVE A 20 MILES PER HOUR MAX THEY STILL ARE BY ORDINANCE OR RULES AND RUNNER OR A BIKER. SO THAT IS WHICH HELPS ADD SAFETY TO THE GREENWAY SITUATION.

AND THE SECOND TYPE THAT I THINK WE CAN LOOK AT RIGHT NOW.

THIS IS THE OFFICIAL PARCH LET FROM THE GREENWAY THE.

YOU SEE HAVE ALL SEEN IT I HOPE.

AND SORRY I HAD THAT UP SIDE DOWN.

AND NO FEWER THAN THREE PLACES. >> WHAT IS THE SECOND IT SAID DO NOT GO OFF THE DESIGNATED TRAILS.

AND REMINDED US WITHSTAND A LOT OF VEHICLES.

>> THANK YOU, SIR. >> AND.

>> WELCOME. PLEASE SAY YOUR NAME AND

ADDRESS. >> AND 996 DRIVE.

YES, SO. E-BIKES WILL NOT GO AWAY.

THEY HAVE BEEN INCREASING WORLD WIDE AND THEY WILL CONTINUE AND MY BEEF IS WHEN PEOPLE PRESENT INACCURATE INFORMATION FOR INSTANCE THE E-BIKES ARE NOT MOTORIZED SHEIKS BY THE FEDERAL GOVERNMENT AND THEY ARE NOT CONSIDERED MOTORIZED VEHICLES.

THAT'S ONE THING. ALL OF THEM ARE PEDAL ASSIST.

THERE IS NOT A THROTTEN ON AN E-BIKE ON ANYTHING IT IS NOT AN E-BIKE BY. CLASS 2 HAS A PEDAL ASSIST AND THAT THAT THROTTLE ASSIST THE PARK SERVICE HAS ACTUALLY MENDED ALL THE REGULATIONS TO DESCRIBE THE USIVE THE THROTTLE AND THEY SAY THAT IT CAN BE USED IN LIMITED DURATION SO THERE IS NOBODY NOBODY WANT TO HAVE IT UP IT WILL EAT UP THE BATTERY POWER

[01:40:06]

SOMEBODY WITH MOBILITY IF THEY ARE OUT THERE AND THE THROTTLE ON THEY WILL NOT MAKE IT BACK HOME, RIGHT.

THEY WILL NOT HAVE AN ASSIST. THEY ARE BEING THROWN OUT THERE THAT ARE NOT TRUE. SO, IF THE IF YOU WANT TO AMEND ANYTHING YOU SAY THAT IT MAY BE USED FOR LIMITED I HAVE WRITTEN TO YOU ALL AD NAUSEAM I THINK ABOUT THIS.

AND SO, YES. THE OTHER THING WHEN MR. PHIL SCAN LON AND CONNECTING THE ISLAND BY TRAILS AND BIKE BY PARTS AND SOME PLACES USING SIDEWALKS HE ENVISIONED IT AS A

MULTIUSE SHARED USE SPACE. >> I SAW PEOPLE ON BIKES PEOPLE WITH TRAILERS IF YOU REACH SOMEONE YOU STOP.

YOU WILL NOT PLOW THROUGH THEM THAT IS ANNOYING TO HEAR.

, I LOOK NORMAL AND I DON'T HAVE MOBILITY ISSUES.

KY NOT WALK WITHOUT MY ANKLE I'M IN PAIN IN MY FOOT.

>> I'M LOOKING FORWARD TO GET MY E-BIKE AND GET OUT IN NATURE.

>>> IT SAY THAT YOU CAN JUST USE A CLASS ONE THAT'S NOT

TRUE. >> THANK YOU.

>> ANY OTHER SPEAKERS ON THE E BIKES?

>> MR. . >> I WILL VOTE NO ON THIS.

WE NEED TO LET THE PEOPLE RIDE THEIR BIKES.

, ANY OTHER TO PROHIBITED WHAT WE DID AND THE FIRST READING WHICH IS DIFFERENT THAN WHAT WAS RECOMMENDED, CORRECT?

>> THE OPPOSITE. >> THIS IS FLIPPED AROUND.

>> I DON'T SEE COMMISSIONER BEAN WHAT WE'RE VOTING ON.

YES BAN THE E BIKES NO SAYS NO BAN.

NO IF YOU DON'T WANT A BAN. WE'RE CLEAR.

>> CALL THE VOTE.

THAT PASSED 3-2. >> I'M CONFUSED.

>> ALL RIGHT. SO, HE VOTED YES TO PROHIBIT THE E BIKE. THAT'S UNDONE A MOTION FOR

RECONSIDERATION. >> AND I MAKE A MOTION TO

RECONSIDER THE VOTE. >> I SECOND THE MOTION.

>> I GOT CONFUSED BECAUSE SOMEONE CHANGED THE MOTION.

>> THAT WAS ALL RIGHT. >> AND WOULD YOU NOW ASK THE

CLERK TO -- BAIT AND SWITCH. >> NO BAIT AND SWITCH.

COME OVER AND MAKE SURE THE CLERK IS CAUGHT UP WITH THE FLURRY OF ACTIVITY. SO WHEN YOU'RE RED WILL YOU CALL THE VOTE ON THE RECONSIDERATION.

>> TO BE CLEAR ARE WE RECONSIDERING THE MOTION THAT WAS ALREADY MADE OR ARE WE RECONSIDERING THE ORDINANCE

SUBMITTED? >> WE ARE RECONSIDERING THE

MOTION TO BAN E BIKES. >> WAIT A MINUTE.

>> WE'RE RECONSIDERING THE MOTION.

>> NO. AND RECONSIDER FIRST.

>> NO. >> BUT ARE YOU NOT BEING ASKED

TO VOTE YET. >> AND PLEASE START ONCE AGAIN.

[01:45:01]

>> ALL RIGHT SO NOW WE'RE GOING TO RECONSIDER VICE MAYOR KREGER'S MOTION WHICH WAS SECONDED BY THE COMMISSIONER

ROSS. >> IT WAS.

>> IF YOU WILL CALL THAT VOTE AGAIN.

VICE MAYOR KREGER, STURGES, NO. >> AND.

>> SO THAT MOTION FAILED 3 -- FAILED TO PASS.

YOU, AND THERE IS ANOTHER WAY THERE ARE THINGS THAT YOU CAN DO IF THE PLAN THAT PROVIDES FOR THINGS LIKE IN TERMS OF THE TRAILS ARE USED WHAT VEHICLES, BIKES CAN USE THE TRAILS, WHERE THEY CAN GO AND THINGS LIKE THAT.

WE'RE NOT ADDRESSING THAT TONIGHT BUT WE CAN.

MY RECOMMENDATION IS JUST IF WE WERE NOT GOING TO PROHIBIT THE E-BIKES IT WOULD BE AN IMPOSSIBILITY AND THAT THE DISCUSSION WAS SO CONFUSING AND WOULD BE CONFUSING TO THE POLICE. AND MY RECOMMENDATION.

MAKE A MOTION TO APPROVE THE ORDINANCE AND VOTE NO WHICH MEANS THIS ISSUE DIES AND DEAL WITH THE GREENWAY MANAGEMENT.

>> I HAVE A QUESTION. >> WHY DO WE NEED TO DO THAT.

IT IS NOW DEAD? >> DO WHAT?

>> , MAKE ANOTHER MOTION. WE'RE DONE.

>> NO BECAUSE YOU STILL HAVE AN ORDINANCE IN FRONT OF YOU THAT YOU HAVE NOT RULED ON. , WE VOTED ON THAT.

WE CHANGED IT AND VOTED ON IT. IT IS DEAD.

>> WE'RE DONE. AS FARAS FAR AS I'M CONCERNED.

HE CHANGED THE WORDING OF THE ORDINANCE.

>> THAT'S OKAY. >> OKAY.

>> AND MR. BEAN, I MOVIE TO TABLE 9.1 INDEFINITELY.

>> , THAT WILL END IT, THAT DOESN'T HURT.

>> I'LL SECOND THAT. >> A MOTION AND SECOND TO TABLE 9.1 INDEFINITELY. , NAD YAM CLERK SPEAK UP IF THE RECORDS ARE SO CONVOLUTED WE CANNOT FIND WHAT WE.

>> IT WAS CON VERY LUTED PRIOR. >> VICE MAYOR?

>> I WILL NOT VOTE FOR THIS BUT WHAT TAMMY SAID GOING BACK TO THE FLORIDA COMMUNITY TRUST WE'LL DO THAT WITH THE FASTER PLAN AND PROCEDURE. THIS WAS BROUGHT UP BY ME AS AN

ENVIRONMENTAL ISSUE. >> COMMISSIONER ROSS?

>> YOUR LIGHT IS ON. I WANT TO STRESS THE MOTION THE STAFF RECOMMEND WE NOT HAVE THEM ON THE GREENWAY.

, I'M AN AVID BIKER. >> COMMISSIONER?

>> I WILL VOTE YES. I.

>> I WILL GO BACK TO COMMISSIONER BEAN'S STATEMENT MANY MONTHS AGO. AND THIS GOING INTO ORDINANCE AND THERE ARE NOT BY THE PUBLIC SPEAKERS YOU HAVE HOVER WORDS OUT THERE. NO ONE IS ENFORCING ANYTHING.

AND T IS AN OPEN SPACE TO THE BE IN THAT PEOPLE ARE GOING TO HOP

ON AND BE. >> AND AND GOING THROUGH THE

[01:50:12]

AREA THE ONE VIDEO WE GOT. >> AND SO.

>> AND ANY WAY AND AND THE MOTION.

>> THERE WAS KNOW DISCUSSION ON THAT MOTION BY THE RULES.

>> THAT'S -- >> CALL THE VOTE.

>> YES. >> NO.

I SHALL NEVER AGAIN SUGGEST CHANGING THE AGENDA.

THAT SAVED A LOT OF TIME.

>> THAT WAS TIME SAVING. >> WHATEVER THE PLAN WAS.

[8.1 NOISE - PLAINLY AUDIBLE]

AMENDING SECTION 141 DEFINITIONS.

AMENDING SECTION 142 RELATING TO APPLICABILITY, AMENDING SECTS 143 FOR CLARITY, AMENDING SECTION 144 TO INCLUDE MEASUREMENT STANDARDS. AMENDING SECTION 145 TO ENUMERATE RESTRICTIONS, AMENDING SECTION 146 RELATING TO ENFORCEMENT, AMENDING SECTION 147 FOR CLARITY AND 148 PROVIDING EXCEPTIONS. SECTION 149 PROVIDING FOR VARIANCES. CREATING SECTION 150 ADMINISTRATIVE POLICIES, PROVIDING FOR SEF ARE A BILLTY AND FOR AN EFFECTIVE DATE. OPEN THE PUBLIC HEARING.

(THE PUBLIC HEAR SOMETHING OPEN) I HAVE A REQUEST TO SPEAK ON

THIS. >> AND I WILL RUN THE TIMER BUT I HAVE A FEW OTHER WORDS AND OTHER THINGS OBVIOUSLY THERE ARE PEOPLE IN TOWN THAT HAVE HELPED ME AT THIS POINT WRITE THIS.

KY NOT TAKE CREDIT I NEED ADD A FEW THINGS.

>> YOU WANT TO DO THAT NOW. >> THAT'S UP TO YOU.

>> OKAY. >> I WOULD LIKE TO START WITH ANDING BACK IN THE PLACES WHERE LOUD AND RAKE OUS A STANDARD AND UNDERSTOOD BY THE COURTS, IT IS ON THE VERY FIRST PAGE COMMISSIONER ROSS AND YOU WILL SEE LOUD AND RAW RACUOUS.

>> AND IN SECTION 2, I WOULD LIKE TO ADD IN THE FIRST LINE IT SAYS FOR THE PURPOSES OF THE ARTICLE ANY PERSON OWNING, I WOULD LIKE TO ADD "REAL PROPERTY" OR HAVING RESPONSIBILITY FOR MANAGEMENT OF A PREMISES, IT SAYS.

AND TAKE OUT THE REFERENCE TO MUSIC IN THAT SECTION; WHERE ARE

YOU? >> 42, 143, THE FIRST PARAGRAPH.

>> OCCUPATIONAL LICENSE BUSINESS TAX RECEIPT THAT'S THE HANDLE TERM NOW. AMPLIFY YOU DON'T HAVE TO READ THIS. COMMISSIONER ROSS IS.

DEVICES SAYS AND THE BUSINESS I WOULD SAY AND -- THE LINE ANY PERSON CREATING A SOUND IN VIOLATION YOU HAVE THE ORDINANCE. THE PURPOSE IS I FELT LIKE AFTER READING THIS PARAGRAPH FOR THE D TIME IT FOCUSES ON MUSIC.

THAT'S NOT WHAT THIS IS THAT IS NOISE UNDER THE ORDINANCE.

I WOULD LIKE TO TAKE OUT THE REFERENCE TO MUSIC.

ANY SOUND IN VIOLATION YOU HAVE THE ORDINANCE.

>> WHICH PAGE IS THAT. >> 42-143 PAGE 5 OF 13.

ONLY ONE PARAGRAPH. RESPONSIBILITY FOR COMPLIANCE.

THE PURPOSE OF THE PARAGRAPH IS JOINT AND SEVERAL LIABILITY THE

[01:55:07]

>> PREVIOUSLY IT DID NOT SAY THAT?

>> CORRECT. IT CITED THE BUSINESS OWNER.

>> IT WAS OKAY. >> AND ANY PERSON OWNING OR HAVING RESPONSIBILITY AND GOES ON AND DISK CROCKKY LIKE THIS PARAGRAPH IS ONLY FOR MUSIC OR BUSINESS.

WE NEED TO BE BROADER THAN THAT.

>> OKAY. >> 42-145, SUBSECTION A WE TALK ABOUT RESTRICTIONS ON NOISE. WE TALK ABOUT RESIDENTIAL DISTRICTS, WE NEED TO ADD OT-2 IN THAT IN MY RESEARCH ON OT-2.

THERE IS A VERY, VERY LIGHT COMMERCIAL COMPONENT MEANT FOR THE OLD TOWN 2 BARBER SHOPS, LAWYER'S OFFICES IT'S NOT MEANT FOR OTHER THINGS OT 2 IS RESIDENTIAL.

AND THEN THE BIG ONE, AGAIN I HAVE BEEN READING MORE CASES AND THIS FOR THE 23RD TIME I THINK THAT WHEN WE TALK ABOUT THE NEXT PAGE 7 OF 13 T IS IN 42-145 B WE TALK ABOUT THE RESTRICTIONS IN THE MIXED USE COMMERCIAL AND CERTAIN INDUSTRIAL ZONING DISTRICTS IW AND IA DISTRICTS. INSTEAD OF THE 4 P.M. TIME PERIOD, IT WAS POINTED OUT TO ME BY ANOTHER ATTORNEY RESIDENT IN TOWN THAT IN RESIDENTIAL AREAS, YOU'RE ALLOWING SOUND FROM 7 A.M. UNTIL THE EVENING HOURS BUT THEN IN THE COMMERCIAL DISTRICT, NOT ONLY IS THAT DIFFERENT, IT COULD BE CONSTRUED TO BE SOMEWHAT ASH ARBITRARY, WE DO NOT SET UP THE INTENT AND PURPOSE IN A WAY WE KNOW THAT WE HAVE A SIGNIFICANT GOVERNMENT INTEREST AND THIS IS TAILORED ENOUGH.

IT IS MY OPINION WE SHOULD JUST HAVE 7 A.M. TO 10 P.M. WEEK NIGHTS, 7 A.M. TO 11 P.M. WEEKENDS.

WE'RE NOT GOING TO HAVE BANDS DOWNTOWN AND LIVE MUSIC AT 8 A.M. UNLESS THERE IS A SPECIAL EVENT.

THAT'S MY RECOMMENDATION AFTER TONIGHT I HOPE THAT YOU ALL PASS AN ORDINANCE TO PANTS SO WE CAN START ENFORCING IT AGAIN.

WE CAN ALWAYS COME BACK AND AMEND IT.

AND LITTLE ME 9 SEE I THINK THAT'S IT.

AND THEN, PARDON ME, I FORGOT, COMMISSIONER ROSS, IF YOU WANTED TO, HE HAS GOT SOME CHANGES HE WANTED TO TALK ABOUT, TOO.

>> IS THAT OKAY? >> I WANT TO MULL OVER WHETHER

WE HAVE PUBLIC COMMENTS. >> THERE ARE SIMPLE.

THE FIRST ONE IS TO ELIMINATE --

>> TELL US WHAT PAGE YOU'RE ON. >> 5 OF 13.

AND SHOUTING AND YELLING. THAT WE ELIMINATE THAT.

>> SHOUTING AND YELLING. >> THAT'S FINE.

I THOUGHT WHEN WE GOT TO THE EXCEPTIONS THE UNAMPLIFIED HUMAN VOICE IS 50EU78' THINKING OF A NEIGHBOR IN A AREA.

THEY DON'T LIKE YOU THEY ARE SHOUTING AND YELLING RIGHT STANDING ON THE PROPERTY LINE. IF THAT IS EXEMPT THE HUMAN VOICE, WHAT DO YOU MEAN YOU GOT TO GET UP AT 6:00 IN THE MORNING. COME ON.

>> OR A NEIGHBOR WITH THEIR SPOUSE ARGUING.

>> CORRECT. >> THAT'S A DOMESTIC.

>> I WOULD LIKE TO REMOVIE THE AMPLIFIED HUMAN VOICE.

AUDIBLE IT IS A VIOLATION. >> NUMBER TWO WAS.

IT SHIFTS AROUND AND SAYS POLICE OFFICER AND THEN OFFICER.

>> I GOT IT. >> IT IS THROUGHOUT.

>> IT IS THROUGHOUT. >> SHOULD ALL READ CODE INSPECTOR. THAT IS DEFINED AS A POLICE OFFICER AND CHANGE THEM ALL THEN.

THE FOURTH ON 9 OF 13. SAYS B.

THAT SHOULDN'T BE IN THERE, I DON'T THINK.

[02:00:05]

YOU AGREE WITH THAT? >> I AGREE WE TALKED ABOUT A LOT THIS MORNING. CODE INSPECTOR A NOTICE OF VIOLATION TO ANY PERSON WITH WHO AND B SAYS IT IS BEING CITED FOR ILLEGAL COMMERCIAL NON-PER MITTED USE U.

>> THAT'S RIGHT. >> THAT SHOULD BE STRUCK?

>> YES. >> AND THEN --

>> AND SUBSECTION B FROM WHAT? >> SUBSECTION B OF 42, 146 B 2 B. THE NEXT ONE WAS IN SIX.

10 OF 13. SECTION F LEAN ON REAL OR PERSONAL PROPERTY THAT SHOULD BE ADDED IN THERE LOCATED IN THE CITY OF FERNANDINA BEACH. THE WAY IT READS NOW ANYWHERE IN

THE WORLD. >> LOCATED IN NASSAU COUNTY.

>> RIGHT NOW FIRST, ANYWHERE. AND THE LAST ARE UNDER EXCEPTIONS. ONE THE FIRST ONE WAS HOUSEHOLD TOOLS. AND APPLIANCES AND ARTICLE USE FROM 7 A.M. TO 10 P.M. LET SECOND ONE LAWN CARE EQUIPMENT. 7 A.M. TO 10 P.M. WHEN USED AND MAINTAINED IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS. THE NEXT WAS GENERATORS USED DURING OR AS A RESULT OF AN EMERGENCY.

THE NEXT ONE WAS TRASH COLLECTION OPERATIONS 7 A.M. TO 10 P.M. AND THE LAST ONE WAS LIVING MUSIC WITHOUT AMPLIFICATION FROM 7 A.M. TO 10 P.M.

>> I WOULD RECOMMEND YOU DO NOT USE LIVE SAY UNAMPLIFIED MUSIC.

>> FOR THE RECORD IF LATER ON I'M NOT 100% COMFORTABLE WITH

THAT BUT DO IT. >> IT SAID AMPLIFIED.

>> SOUND AND UNAMPLIFIED. >> IF YOU ARE UNCOMFORTABLE WITH IT WHY WOULD WE DO IT BECAUSE YOU'RE NOT SURE WHAT KIND OF CONSTITUTIONAL -- I'M THINKING ABOUT SOMETIMES WE KNOW THERE ARE ATTORNEYS WHO ARE INTERESTED IN THIS AND WATCHING IT AND TALKED TO US. WE HURT SOMEONE'S FEELINGS OR OFFEND THEM AND THEY FILE A CONSTITUTIONAL CHALLENGE I THINK IT IS MORE LIKELY THAT THEY MAY ANYWAY.

ANYONE CAN. BUT I SHARED AN ARTICLE TODAY FROM A LAW REVIEW FOR WITH COMMISSIONER ROSS.

I AGREE WITH HIM, THE TITLE IS "THE FIRST AMENDMENT STRIKES BACK." IT IS ABOUT AMPLIFICATION IS ACTUALLY AMPLIFIED MUSIC AND SOUND IS SPECIFICALLY PROTECTED BY THE FIRST AMENDMENT UNDER A CASE FROM THE DALEY CASE IN THE SUPREME COURT. I DON'T KNOW WHO IT IS VERSUS.

WHEN WE SAY IT MISS DAVIS WILL TALK ABOUT BEING AN ATTORNEY THAT I'M NOT ALL TOGETHER COMFORTABLE THAT'S THE BEST THAT I CAN GIVE YOU. I KNOW COMMISSIONER ROSS HAS AN INTEREST IN SAYING IT IS, HEY, GUYS IT'S NOT MUSIC IT IS THE VOLUME OF MUSIC. UNAMPLIFIED MUSIC IS FINE WITH ALL OF US ANY HOUR OF THE DAY OR NIGHT U SO MINE IS I DON'T WANT ANY CHALLENGE TO BE BROUGHT BECAUSE WE'RE SAYING WE ARE REGULATING AMPLIFIED SOUND BUT NOT REGULATING UNAMPLIFIED.

>> THANK YOU. >> THAT WAS IT.

>> CITY CLERK. DID YOU RECORD THAT?

>> WE WILL HAVE PUBLIC SESSION IS OPEN.

SO,. >> IS THERE A TIME LIMIT ON THE

PUBLIC COMMENT? >> YES, THREE MINUTES, IT'S NOT

QUAYS QUASI JUDICIAL. >> I NEEDED THAT CLARIFICATION.

>> ALL RIGHT ANNETTE COSTA. , WELCOME YOU WILL STATE YOUR

[02:05:07]

>> I'M ANNETTE ACOSTA, 22 SOUTH SECOND STREET.

I'M HOPING WE GET A NOISE ORDINANCE IN THE ABSENCE OF AN ORDINANCE I HAVE HAD THE PRIVILEGE OF LIVE MUSIC IN MY HOME SEVEN NIGHT AS WEEK. KY SIT IN THE LIVING ROOM AND SING THE LYRICS FROM THE BOAT HOUSE AND PAJAMA DAYS THAT IS 200 FEET DOWN THE STREET FROM ME.

SO, AND I HAVE BEEN AT THE MERCY OF MY NEIGHBORS, MARK AT THE GREEN TURTLE IS THE ONLY PERSON THAT HAS ACTED AS MY NEIGHBOR.

HE THINKS THE MUSIC IS LOUD HE WILL TEXT ME TO ASK ME.

IF I THINK IT IS LOUD I WILL TEXT HIM WE WORK THAT OUT.

HE IS THE ONLY ONE THAT TRIED TO WORK WITH ME IN THE BE A SENSE OF A NOISE ORDINANCE SO THAT WE CAN BE GOOD NEIGHBORS AND GET ALONG. NOW, EVERYONE IS CONCERNED ABOUT THE AUDIBLE STANDARD I HEARD IT SAID THAT WITH MEKY HEAR IT ALL THE TIME I'M GOING TO COMPLAIN. I DON'T WANT TO HEAR IT IN MY HOME IN MY BEDROOM. THE MORE ACCOUSTIC TYPE MUSIC OUTSIDEKY HEAR IT OUTSIDE. WHEN I COME INSIDE I DON'T HEAR IT SO, THAT'S WHAT I'M AIMING FOR.

THE SOUND ON CENTER WAS LOUD THE OTHER NIGHT BUT IT ENDS AT A CERTAIN TIME AND THE DIFFERENT FESTIVALS.

I EXPECT IT TO BE LOUD I WILL SUCK IT UP THAT'S OKAY IT'S NOT ALL THE TIME. I'M WILLING TO BE FLEXIBLE BUT I JUST DON'T WANT IT EVERY NIGHT UNTIL 10 OR 11 INSIDE MY HOME SO I CAN NOT FUNCTION U SO I'M FOR KEEPING THE MUSIC JUST TURN THE

VOLUME DOWN. >> THANK YOU.

>> WELCOME, SIR. STATE YOUR NAME AND ADDRESS, MARK GARRIS. 4747 GULF STREAM PORT.

HERE WE ARE AGAIN. JUST SOME FINAL THOUGHTS, I DON'T THINK ANY BUSINESS IN THE TOWN CAN EXIST ON 150 FEET EITHER AMPLIFIED OR NON-AMPLIFIED.

I JUST DON'T THINK IT'S A POSSIBILITY.

THEN YOU BASE EVERYTHING ON, WELL, WILL SOMEONE COMPLAIN OR NOT. WE'RE FORTUNATE WHERE I HAVEN'T HAD MANY COMPLAINTS AT ALL OVER THE LAST COUPLE OF MONTHS BUT THAT'S NOT THE -- MAY NOT US A BE THE CASE.

ONE THING THAT THE THOUGHT IS THAT IS THE COMMISSION PREPARED TO DEAL WITH NUISANCE COMPLAINER.

WE DON'T HAVE COMPLAINTS ON SATURDAY.

THEY START COMPLAINING NOW WE HAVE AN ORDINANCE.

IS THAT SOMETHING THAT THE COMMISSION WILL LOOK AT AND MAKE A RULING ON? OR ARE WE JUST, YOU NOSE, IT IS OUR PROBLEM AFTER TODAY. I THINK THAT WILL HAPPEN.

NOT EVERY NEIGHBORHOOD WILL BE EASY TO WORK WITH.

WE HAD A NEIGHBOR SHOW UP IRATE TO THE POINT IS WAS GOING TO PHYSICALLY TRESPASS THEM FROM THE PROPERTY DUE TO THE PROFANITY ON THE PROPERTY TOWARDS MY STAFF.

ME PERSONALLY. I DIDN'T UNDERSTAND WHAT THEY EVEN WANTED. THAT HAS NOT HAPPENED IN THE PAST COUPLE OF MONTHS. I'LL HAVE VOID OF THAT IF ANYONE WANTS TO SEE THAT. YOU KNOW HOW ARE YOU GOING TO HANDLE THAT? IS THAT EVEN AN OPTION? YOU KNOW, WE HAVE A SUBJECTIVE ORDINANCE 150 FEET AUDIBLE IS.

THAT IS OPEN TO SOMEONE TO EXPLOIT THAT FOR WHATEVER REASON. I THINK AT SOME POINT IT WILL FALL ON THE POLICE OR THE COMMISSION ITSELF TO MAKE A RULING AND SAY THIS PERSON. THIS IS TO MAKE A DECISION EITHER WAY YOU GUYS ARE YOU GOING TO FREE TWO MONTH I THINK

TONIGHT IT'S THE RIGHT ONE. >> LISA FINKLE STEIN.

[02:10:15]

AND SO I'M CONCERNED THAT, YOU KNOW, AS WE PUT FORTH A GOOD EFFORT THERE WERE POSITIVES. BUSINESSES ARE AWARE.

THEY HAVE TAKEN MEASUREMENTS. THEY'RE LOOKING AT IT NOW ON A REGULAR BASIS T IS A BIGS TOTIVE.

>> I THINK EVERYONE, MOST PEOPLE ARE MORE AWARE OF THE IMPACT THAT THE BUSINESS IS HAVING ON NEIGHBORS WHETHER THEY ARE OTHER BIDED OR RESIDENTS I THINK WE'RE AWARE YOU HAVE HOW LOUD IS TOO LOUD. INCREASING 50 FEET TO THE DISTANCE TO MEASURE IT IS SOLVELIFFING IT.

WITH ALL THE PEOPLE TALKING ABOUT THIS FOR A DOCUMENT OF MONTHS WE HAVE NOT COME UP WITH THE PERFECT ANSWER.

I HADMM CONVERSATIONS WITH OTHER DIRECTORS IN THE STATE OF FLORIDA ADD A VARIETY OF PEOPLE THROUGHOUT THE CITY AND IT COMES

BACK TO THE TIME. >> THE TIMEFRAME AND SO I THINK HAVING THAT 7 A.M. TO 10 P.M. ON WEEKDAYS.

>> AND AN IDEA OF WHEN IT WILL END.

>> AND SO IT GIVES THE HOTEL THAT'S DOWNTOWN THE ABILITY TO SAY THIS STOPS, IT'S NOT PERFECT BUT I THINK THAT, YOU KNOW FROM WHAT I HEARD FROM OTHER COMMUNITIES THAT'S THE SINGLE

MOST IMPORTANT AND LET IT WORK. >> SO.

>> THANK YOU. >> THANK YOU, MA'AM.

>> NAME AND ADDRESS FOR THE RECORD.

>> AND I WILL NOT REPEAT ALL THAT I HAVE BEEN UP HERE AND THAT IT IS THE MOST ENFORCEABLE STANDARD HELD BY THE COURT FOR NOISE ORDINANCES REQUIRES BALANCING COMPETING INTERESTS OF GOVERNMENT, TOURISTS AND BUSINESSES.

ARTICLE 2, SECTION 7 A OF THE FLORIDA CONSTITUTION PROVISION MADE FOR THE ABATEMENT OF UNNECESSARY NOISE.

THE ORDINANCE BEFORE YOU WITH THE TWEAKS AND THE ATTORNEY AND SUGGESTED BY THE COMMISSIONER ACHIEVES THIS AND SERVES' PROTECTS THE INTERESTS OF THE CITY AND THE CITIZENS.

WE ARE A GROWING AND CHANGING DIVERSE COMMUNITY THAT CONTINUES TO BECOME A MORE POPULAR TOURIST DESTINATION BUT NOTED DURING THE DISCUSSION ABOUT A VISION STATEMENT AS PART OF THE CORPS PLAN. MOST CITIZENS DON'T WANT THE CITY TO CHANGE. WE SHOULD CONTINUE TO RESPECT AND HONOR THE HISTORIC CHARMING AND FAMILY FRIENDLY NATURE YOU

[02:15:01]

I BELIEVE THE PROPOSED NOISE ORDINANCE REFLECTS THE APPROACH AND EXPANDING SOUND LEVELS AND RETAINING APPROPRIATE EXEMPTIONS IN A CONSTITUTIONALLY VALID MANNER.

FOR EXAMPLE, IF YOU ENJOY HEARING CHURCH BELLS.

THIS ORDINANCE PERMITS THEM TO RING AS LOUD AS THEY WANT AS LONG AS THEY ARE NOT AMPLIFIED. BUT UNLIKE THE ORDINANCE WHICH HAS BEEN UNENFORCEABLE A FEW MONTHS, THE ORDINANCE NOW ALLOWS MY UNAMPLIFIED WIND CHIMES TO RANGE AS LOUD DURING THE GUSTS.

THERE ARE EXPANSIONS OF SOUND LEVELS IN HERE AS WELL AT IN ADDITION TO THE EXTENDED 50 FEET OF PERMITTED DISTANCE.

JUST IN BRIEF SUMMARY, I WANT TO SAY THAT I BELIEVE THE PROPOSED ORDINANCE IS CONTENT NEUTRAL. LEGALLY DEFENCIBLE AND BALANCED LAW. SERVE TO KEEP THE CITY SOUNDS AT THE APPROPRIATE LEVEL THAT ENHANCES RESIDENT AND TOURIST EXPERIENCE HERE WITH LITTLE TO NO SIGNIFICANT ECONOMIC DOWN SIDE. I URGE TO YOU VOTE IN FAVOR OF

THE ORDINANCE. >> THANK YOU, MA'AM.

>>> ANY OTHER COMMENT ON 8.1 PLAINLY AID INNOISE ORDINANCE.

SEEING NONE I WILL CLOSE THE PUBLIC HEARING (GAVEL).

>> COMMISSIONER ROSS. >> I MOVE TO APPROVE THE APPROVE THE ORDINANCE AS WRITTEN WITH THE AMENDMENTSIVE THE CITY ATTORNEY AND THE OTHER ONES PROPOSED.

>> I HAVE A MOTION. >> SECOND.

>> I HAVE A SECOND. >> DISCUSSION?

>> COMMISSIONER BEAN? >> YOU MADE A MOTION.

>> THAT KILLED YOU. >> BUT LEAVE YOUR LIGHT ON.

>> ARE YOU IN THE QUEUE. >> WHEN I BROUGHT THE DECIBLE PLAN I BELIEVE THAT IT IS THE MIDDLE GROUND THAT'S WHAT I SERVED FOR A SWEET SPOT IN THE MIDDLE WHERE OUR RESIDENTS AND OUR BIDS COULD LIVE IN HARM IF. THE GOAL WAS TO FIND THAT SWEET SPOT THROUGH TALKING. BUT NOW THE PLAN IS NOT BEING TALKED ABOUT. I DO NOT BELIEVE THIS IS THE SWEET SPOT. I DON'T BELIEVE IT IS RIGHT IN THE MIDDLE IT IS TOO FAR TO THE WAY OF SILENCE SO I HOPE FOR A

SWEET SPOT. >> I DON'T BELIEVE THIS IS IT.

>> COMMISSIONER ROSS? >> A WEEK AGO SATURDAY NIGHT I WENT TO BED AT MIDNIGHT I LIVE IN A HOUSE BUILT IN 1900 BUT IT NOW HAS THICK SIDING AND REAL TWO BY FOURS FILLED WITH FOAM INSULATION. IT HAS THICKER SHEET ROCK AND IT HAS HURRICANE GLASS. I WENT TO BED AT MIDNIGHT I COULD CLEARLY HEAR A BAND, WITH I THOUGHT WAS THE GREEN TURTLE.

SO I GOT OUT OF BED WE GOT IN THE CAR AND WERE GOING TO THE GREEN TURT MANY WE NEVER MAID TITANTIC WAS ANOTHER BAR.

BUT AT MIDNIGHT THEY WERE PLAYING SO CLOUD THAT I COULD COULD HEAR IT OVER 900 FEET FROM THAT FACILITY.

SO THAT'S NUMBER ONE. IT IS -- I HAD MULTIPLE COMPLAINTS FROM RESIDENTS NOT THE GREEN TURTLE BUT FROM OTHER PLACES AROUND THE ISLAND. THIS IS AN EYE ISLAND WIDE ISSUE. NUMBER TWO, GOING TO THE NOISE METERS, THEY ARE ANOTHER WAY OF DOING IT BUT WHAT WE NEVER REALLY TALKED ABOUT THAT SWEET SPOT IS WHAT THE LEVEL IS.

I WOULD AGREE WITH YOU PERHAPS IT MAY COME BACK AT A LEVEL IN

THE STATE OF MARYLAND. >> THE PROBLEM IS THAT THE ENFORCEMENT AND THE POLICE AND THE HOW THEY USE IT.

SO ON AND SO FORTH. GOING BACK TO THE MAJOR PROBLEM

[02:20:04]

THE CITY COMMISSION WILL NOT ENFORCE IT.

IT WILL BE THE POLICE IN THEIR DISCRETION.

WE HAVE SEEN THROUGH THE VIDEO THE OTHER DAY AND POLICE OFFICER THAT THEY'RE GOOD AT USING DISCRETION BUT UNLESS PEOPLE ARE WILLING TO GET ALONG AND RESPECT THEIR NEIGHBORS, I DON'T THINK PLAYING A BAND THAT LOUD AT MIDNIGHT IS RESPECTING YOUR NEIGHBORS. AND THAT IS THE WAY.

WE COME TOGETHER AND A COMMUNITY AND CREATE WE'RE GOING TO GET ALONG AND THAT PEOPLE HAVE RIGHTS TO ENJOY IT IN THEIR HOME. IT'S NOT GOING TO WORK.

I DON'T CARE WHAT WE PASS. I WILL VOTE FOR THIS IT IS WORTH A TRY. IF IT DOESN'T WORK WE'LL HEAR ABOUT IT. TALK TO A NUMBER OF THE BAR OWNERS I SAID LET'S PASS IT SEE IF IT WORKS AND MAKE IT WORK.

IF THE POLICE COME BACK SAY IT'S NOT WORKING OR THE SOMETHING TO

GIVE IT A TRY. >> COMMISSIONER STURGES,.

>> I HEAR WHAT CHIP HAS TO SAY AND BALDLY HAS TO SAY.

WE HAVE A COUPLE OF PROBLEMS. THE PROBLEM RIGHT NOW THAT WE DON'T HAVE AN ORDINANCE. I GOT TWO PHONE CALLS FROM CITIZENS, SOMEONE IS PLAYING LOUD MUSIC THE POLICE OFFICER SAID I'LL TALK TO THEM BUT I CANNOT CITE THEM.

KY NOT STOP THEM FROM PLAYING LOUD MUSIC.

THAT'S AT 2 IN THE MORNING. THAT'S THE MOST MAJOR PROBLEM I SEE THAT THERE IS NOT ANY ORDINANCE CURRENTLY.

SO, WE HEARD FROM THE POLICE DEPARTMENT THE USE OF SOUND METERS IS HARD AND HARD TO PROVE IT IN COURT.

WE HEARD FROM ATTORNEYS IT IS HARD.

THIS ORDINANCE BUT WE'RE DEALING WITH.

I HEAR WHAT CHIP SAYS ABOUT DIFFERENT BUSINESSES SLIDERS AND COMPLAINTS A RECENT ONE. WE HAVE THE ISSUE OF THE BAR WITH MISS ACOSTA. AND THE TIME LIMIT IS A VERY IMPORTANT THING. WHEN IT STOPS IS IMPORTANT.

HOWEVER, IT IS ■COMINGTOA HAPPY MEDIUM AND SOMETHING THAT WILL WORK FOR A LONG TIME. I BELIEVE WE'RE NOT THERE.

I BELIEVE THE ORDINANCE WILL NOT DO MUCH.

ONE WAY OR THE OTHER FOR EITHER PARTY.

THERE IS A TRACTION THAT HAS TO BE RESOLVED IN THE ISSUE.

LACK OF INSULATION. OVERPLAYING MUSIC.

ESTABLISHMENTS. I'M GOING TO CUT IT SHORT.

I'M NOT IN FAVOR OF PASSING THE MOTION TO THE 150 PLAYING AUDIBLE. I SUPPORTED IT ONCE.

I WANTED TO COME TO A DIFFERENT AND, OBVIOUSLY, I THINK WE NEED MORE TIME TO COME TO A DIFFERENT THING.

I BELIEVE WE MAY NEED THE SOUND METER IF IT GIVES A REGULATION.

A DISTANCE AND A DECIBEL. AND WHAT I HAVE PROBLEMS, WE DON'T HAVE IT. , THANK YOU.

, ANY OTHER COMMENT? >> I SAID IT BEFORE, THIS ORDINANCE DOES NOTHING, AND THIS THROW AS VERY HEAVY BURDEN ON OUR POLICE, THE FIRST THEY CITE WILL SEND A SHOCK WAVE THROUGH THE COMMUNITY IT WILL BE CHALLENGED.

[02:25:04]

BUT YOU HAVE THE PALACE. HOW WILL THE OFFICER TELL WHETHER THE MUSIC IS FROM THE PAJAMA DAYS OR THE PALACE.

HOW DO YOU MAKE WHO TO CITE? SAY THE OFFICER GOES 150 FEET SOUTH. NOW YOU HAVE THE BOAT HOUSE.

IS THE MUSIC COUPLING FROM THE BOAT HOUSE.

COMING FROM PAJAMA DAYS OR THE GREEN TURTLE? HOW IS THE OFFICER GOING TO MAKE THAT DISTINCTION? THIS IS TOTALLY UNENFORCEABLE, TOTALLY PUTS THE POLICE IN A HORRIBLE, HORRIBLE HIND AND CURES NOTHING, EVEN COMMISSIONER ROSS COULD NOT TELL WHERE THE MUSIC WAS COMING FROM.

900 FEET AWAY. HE THOUGHT IT WAS THE GREEN TURTLE. IT WAS THE PALACE.

>> I DIDN'T PUT ANY NAMES. >> IT WAS THE PALACE.

SO HOW IS A POLICE OFFICER GOING TO HANDLE THIS.

THIS IS AN ABOMINATION. PERIOD.

END OF STORY. THE ONLY WAY -- THE ONLY WAY THAT YOU CAN REGULATE THIS IS TO HAVE A MEASUREMENT WE NEED TO DECIDE ON WHAT THE LEVEL NEEDS TO BE BUT THE ONLY WAY IS TO GIVE I REMEMBER THE DISCUSSION WHEN WE GAVE MARK THE SOUND METER HE MEASURED. HE CAME BACK AND SAID I MEASURED PAJAMA DAYS, NO COMPLAINTS. THEY KNEW WHAT THE LEVEL WAS.

I'M NOT GOING TO VOTE FOR IT. COMMISSIONER ROSS.

>> TWO POINTS. THE POLICE YOU SAY DON'T WANT TO DO THIS ARE THE ONES THAT RECOMMEND DOING IT.

I'LL POINT THAT OUT. AND NUMBER TWO, HOW MANY POLICE DID YOU TALK TO? , THREE, FOUR.

>> 34. >> GO AHEAD.

>> YOU ARE OUT OF ORDER. >> NUMBERED TWO, AND I WOULD LIKE TO YOU ANSWER THIS WITH A SOUND METER YOU HAVE THE SAME PROBLEM WHERE WHERE IS THE SOUND COMING FROM.

AND THAT'S A SPURIOUS ARGUMENT WHERE IS THAT COMING FROM IF YOU HAVE IT THE SOUND METER AND IT IS 20 DECIBEL THERE IS THE BACKGROUND NOISE. I DON'T THINK IT MAKES.

YOU MAY HAVE CRITICISM OF THIS BUT I THINK THAT'S THE SPURIOUS

ARGUMENT PERSONALLY. >> THANK YOU, SIR.

>> VICE MAYOR. >> ONE LAST THING.

SO, IF THIS DOES NOT PASS TONIGHT, WHERE -- WHAT DO WE DO? WE'RE LOOKING AT NOW LOOKING AT ANOTHER MONTH, TWO MONTHS IF YOU WANT TO AMEND THIS.

>> VICE MAYOR. >> WELL, I'LL VOTE FOR THIS AND BASICALLY, YOU KNOW, IT WORKED PRETTY WELL UP TO THIS POINT BUT WHEN A NEW BAR SOMES IN OR PLACE COMES IN.

THE PATIO. IT IS CONSTITUTIONAL SUPPORTABLE. IF YOU GO AND CHIP MADE A GOOD POINT IT IS 65 NOT 80. 65.

YOU GO TO 80. WHAT WILL HAPPEN AT 65.

WE'RE NOT GOING TO 80. 85 CAN POTENTIALLY CAUSE DAMAGE AND WE HAVE SOME LIABILITY ISSUES.

AND 65-DECIBELS, THAT WILL KILL MUSIC.

YOU KNOW. AND I THINK THAT, THIS A

[02:30:03]

THEY DON'T LIKE IT. WE SHOULD TRY IT AND GO TO THAT. WE'LL HAVE TO GO TO 65 AND LOOK

AROUND. >>> GO AHEAD HE MADE A MOTION I

NEED. >> AND LET'S CALL THE QUESTION.

>> OKAY. >> I AM, I'M GOING TO STAY I KNOW THAT YOU KNOW THIS. THIS IS WHAT WE GET BADE TO DO.

MY OFFICE HAS SPEND PROBABLY 10 TO 20% OF THE TIME A WEEK ON THE ORDINANCE. I'LL ASK A BEG THAT YOU ALL SETTLE ON A LEVEL BEFORE WE REWRITE THIS AND PULL IT OUT THAT'S EXACTLY THE, I DON'T KNOW HOW MUCH IT IS.

THIS HAS BEEN IT IS NOT ALL OF THE STAFF WORK.

THE MAIN THING ON TIMES. WE NEED TO AGREE ON A LEVEL OR GOING THROUGH THIS WITH ALL THE WORDS.

AND TAXPAYER. >> THIS IS TOO IMPORTANT TO QUIBBLE OVER MONEY IT IS IMPORTANT TO THE FABRIC,.

AND IF YOU JUST. DO YOU, YOU STILL HAVE THIS.

THANK YOU, MR. MAYOR. AND YOU KNOW IF I MAY MAKE A SUGGESTION COULD WE DO SOMETHING A QUICK EXERCISE WE SUGGEST OUR IDEAL IF YOU GOT WHAT YOU WANTED.

WE'RE, WE'RE NOT, YOU WERE ABLE TO GET 100% OF WHAT YOU WANTED WHAT WOULD BE THE IDEAL ORDINANCE.

THAT'S AT 80. THE STATIVE MARYLAND.

IF YOU LOOK AT THE ORDINANCES. 65, MY BOOM BOX WAS HERE.

WHEN YOU LISTEN TO 80, THERE ARE A LOT OF ORDINANCES IN THE 65

[02:35:13]

AND. >> HOW YOU ARE YOU MEASURING.

65 AND WHAT THIS, AND SO THIS IS.

>> RIGHT THERE. >> IT IS THE RECEIVING PROPERTY LINE. IT IS THE RECEIVING PROPERTY

LINE. >> 65 I SAY 75 OR 80.

I DON'T KNOW BUT IT WILL BE THERE.

>> ALL RIGHT AND I HAVE 65, 65. 80.

77. >> I HAVE REAL QUICK.

I HAVE A REASON WHY I SAY THE NUMBER.

I SPOKE WITH MARK MORE THAN ONE TIME.

AND HE IS ACROSS THE STREET. IN THAT 75 THE CITY AND THE ATTORNEY WE NEED TO GIVE HER PA RAMSTERS.

ANYONE THE PROPERTY LINE. >> I DID MY MEASUREMENTS I STARTED. THE SPEAKER WAS THERE.

AND THAT WAS THREE FEET AWAY AND SAID THIS IS 100 FEET AWAY.

>> ALL RIGHT SO. WE HAVE 380S AND 26 -- AND TWO

65S. >> YOU YOU GOT IT.

THAT'S WHAT I NEEDED. >> YES, SIR.

>> TO GO BACK I MEAN GOVERNMENT IS NOT GOING TO SOLVE THIS PROBLEM. I HATE TO SIGH IT A LIFE LONG CAREER GOVERNMENT PERSON. THIS SEEN AND PARADED TO THE

PODIUM. >> THAT HAS BEEN IN PLACE FOR OVER 10 YEARS. AND OUR DOWNTOWN HAS BECOME SUCCESSFUL IN THE WORDS OF SEVERAL OF THE MUSICIANS WITH THE PLAINLY AUDIBLE 125R7BD IN PLACE.

I THINK WE CAN CONTINUE WITH THE PLAINLY AUDIBLE STANDARD BECAUSE IT INVOLVES COMMON COURTESY AND RESPECT, THAT CREATED THE SEEN AND THAT ATTRACTS MUSICIANS FROM AROUND THE COUNTRY IF NOT AROUND THE IN ADDITION AND AROUND THE WORLD.

GOVERNMENT WILL NOT MEASURE THIS.

, WOULD YOU LIKE TO MAKE. >> NO.

>> I WAS GOING TO SAY THANK, MR. CITY MANAGER.

>> HE WAS SERIOUS. >> WE HAVE WE CREATED OUR OWN EMOJI WERE YOU HERE ROY G SMITH SHOWED A DEAD HORSE I WANTED TO TELL THE CITY MANAGER SORRY BUT WE NEED THAT EM A JI RIGHT NOW.

PLAINLY AUDIBLE IS BETTER. THE CITY HAS CHANGED.

[02:40:03]

WE HAVE THE BOAT HOUSE. NOW WE HAVE FOUR VENUES, THROW

THIS IN. >> NOT A DEAD HORSE.

I RECEIVED A MANAGER OF THE POCKET PARK AND MUSICIANS I WANT TO SHARE THE COMMENT ABOUT THE POCKET PARK.

I HAVE BEEN MADE AWEAR WHERE MUSICIANS WERE PLAYING OFFENSIVE MUSIC AND HECKLING PEDESTRIANS. I DON'T KNOW HOW THE CITY SHOULD MANAGE IT BUT IF THE ISSUES LIKE THIS PERSIST WE WILL HAVE NO OPTION BUT TO TERMINATE THE CITY'S LEASE AND BLOCK ACCESS.

I CALL ON THE COMMUNITY TO POLICE THEIR OWN BECAUSE THAT PARK IS NOT CITY PROPERTY THEY ARE NOT AWARE OF.

>> I HAVE BEEN GIVEN GREAT LATITUDE WHAT TO APROVE THERE.

IF THAT RISES TO THE LEVEL, THEN EVERY SINGLE PERFORMER IS GOING TO HAVE TO RECEIVE PERMISSION.

, IT IS REVICIOUSIST HISTORY. THEY HAVE BEEN PLAYING A LONG TIME. AND THE CITY MANAGER THIS HAS

WORKED FOR TEN YEARS MOSTLY. >> AND I THINK IT IS NICE.

I ENJOY THE OWNER DOES NOT MAKE, FURTHER AWAY FROM BUSINESSES AND THAT IS WHAT I THINK IT NEEDS TO BE DONE.

IF IT CONTINUES TO BE A PROBLEM. , AND SO.

, SOMEONE SAYS THAT IS LOUD AND THEY DECIDED TO CALL.

STORY. THERE IS NO PROPERTY LINE IT NEEDS TO BE A PROPERTY ON A PROPERTY THAT IS RECEIVING THE SOUND WHERE THE MEASUREMENT WILL BE TAKEN.

>> THANK YOU. >>> ARE WE PREPARED TO MOVE ON?

WE ARE ON 10.1. >>> PARKS AND -- PARKS AND

[10.1 PARKS AND RECREATION ADVISORY COMMITTEE]

THE ISSUE. >> AND WHEN THE COMMITTEE CONSIDERED AND THIS EVENING THERE WAS ONLY ONE VACANCY ON

THE BOARD. >> DO THE TIMING OF THAT.

THE TIMING OF US GETTING IN THE CLERK'S OFFICE AND PLACE ON THE AGENDA TID DID NOT SYNC UP. AND THE PARKS AND PARKS AND RECREATION AND THE APPLICANTS AT THE REGULAR MEETING IT DOES FIT THE INFORMATION OF THE CODE REQUIREMENT THEY DID HAVE DID MAKE A RECOMMENDATION FOR TWO PEOPLE.

THEY MADE ONE. THEY HAD ONE VACANCY.

THREE ANSWERS ARE BEFORE YOU TODAY WITH THE TWO VACANCIES; WE

CAN FILL THE TWO. >> RIGHT.

>> THE REASON I WAS NOT AT THE MEETING I DID WATCH THE MEETING THEY DID NOT MAKE A RECOMMENDATION WAS BECAUSE OF THE ACTION THAT WE TOOK AT THE,S BOARDS DID NOT NEED TO MAKE A

RECOMMENDATION TO US. >> THAT WAS BEFORE.

SO WHAT YOU'RE TALKING ABOUT HAPPENED ON THE CITY COMMISSION LEVEL. THAT WAS AFTER THE 13TH WHEN THEY MET. SO THEY DIDN'T MAKE THE SECOND RECOMMENDATION WHEN THEY HAD THE SECOND VACANCY THEY MET TWICE N APRIL, THEY MET IN MAY. MAY THEY DIDN'T MAKE A

[02:45:02]

RECOMMENDATION. >> BECAUSE OF THE REASON I

CITED. >> THANK YOU.

>> THANK YOU FOR THAT. >> I RECOMMEND THAT PHIL CHAPMAN AND SAIL GRANT BE APPOINTED TO THE PARKS AND RECREATION

ADVISORY COMMITTEE. >> I SECOND IT.

>>> I A MOTION AND A SECOND. >> AND ANY DISCUSSION?

>> I WOULD LIKE TO KNOW WHY ARE YOU MAKING THAT RECOMMENDATION.

>> HERE IS WHY. I ONLY HAVE IN FRONT OF ME WHICH WAS IN THE PACKET THE CV OF ONE OF THOSE PEOPLE I CALL THEM AHEAD OF TIME TO TALK TO THEM. I HAVE NOT HAD THAT OPPORTUNITY. I CALLED CHERYL GRANT AND TALKED TO HER. THE OTHER TWO I HAVE NOT TALKED TO. CAN YOU SHRUG IT IS

APPROPRIATE. >> I HAVE TALKED TO THEM AND I RECOMMENDED PHIL AND I HAVE TALKED TO MRS. GRANT.

>> JUST A POINT OF CLARIFICATION.

I DID LOOK AT COMMISSIONER CHAPMAN'S DATED FEBRUARY 22ND.

SO -- I'M NOT SAYING I DON'T KNOW WHY YOU DON'T HAVE IT BUT I'M SAYING THAT'S HOW LONG AGO THAT IT EXISTED.

I HAVE SEEN IT SOMEWHERE PRIZE SO.

COMMISSIONER BEAN? >> THANK YOU, MR. MAYOR.

I SUPPORT COMMISSIONER CHAPMAN A GREAT APPLICATION BUT, SECOND OF ALL, HIS RESUME, IS SERVICE TO THE CITY OF SERVING AS A COMMISSIONER FOR US AND I THANK HIM FOR HIS DEDICATION BACK ON THE PARKS AND RECREATION AND I DID GET A CALL FROM CHERYL GRANT. I SUPPORT THOSE TWO

RECOMMENDATIONS. >> THANK YOU, SIR.

>> COMMISSIONER ROSS. >> DID YOU TAKE INTO CONSIDERATION THE THIRD APPLICANT.

>> DID YOU TALK TO HER. >> I DID NOT TALK TO HER ABOUT

THIS SPECIFICALLY. >> ANY OTHER COMMENT?

>> SEEING NONE. CALL THE VOTE.

[11. CITY MANAGER REPORTS]

>> CITY MANAGER REPORTS. 11.

>> THANK YOU QUICKLY NOTE THAT WE FINALLY HAVE BOTH GAS AND DIESEL FUEL AT THE MARINA THANKS TO THE EFFORTS OF THE OASIS STAFF AND CONTRACTORS. THAT WAS MADE AVAILABLE.

GAS WAS LAST SATURDAY AND DIESEL WAS YESTERDAY.

APPLAUSE TO THE MANAGEMENT FOR PULLING THAT TOGETHER.

THE OFFICES ARE CLOSED ON MEMORIAL DAY.

THERE IS THE CEREMONY I BELIEVE NOON OR 11.

I WILL CONFIRM THE TIME. THERE IS A SAYS MOAN DOWNTOWN.

AND WE DO HAVE THE JOINT MEETING.

WE TALKED ABOUT THAT A WORKSHOP ON THE 25TH.

BE AWARE OF THE EVENTS OF THE AMELIA, THERE WILL BE PEOPLE DOWNTOWN. EIGHT FLAGS ROAD SHOW THAT BRINGS THE CARS DOWNTOWN OVER THE LUNCH PERIOD ON FRIDAY.

COME DOWN AND WELCOME THE VISITORS TO FERNANDINA BEACH.

ANY QUESTIONS THAT'S ALL I HAVE FOR YOU THIS EVENING.

>> ANY UPDATE ON THE ARBORIST. WE HIRED SOMEONE.

HE WAS HERE TODAY. HE DOES NOT HAVE THE CERTIFICATION. HE HAS A FORESTRY BACKGROUND.

THE ONLY APPLICANT THAT WE HAD. HE COMES HIGHLY REGARDED.

>> ADD YOU GOING TO PUT OUT AN ANNOUNCEMENT?

>> WE WILL. >> IT IS OUT.

>> I MISSED FACEBOOK TODAY. >> LUCKY YOU.

>> THANK YOU, SIR. , REAL QUICK.

[12. CITY ATTORNEY REPORTS]

30 TO 60 DAYS . WE HAVE A HEARING BUT HE DOES WANT TO MEET AND TALK. THE OTHER THING I WANTED TO SAY I KNOW HE MADE IT CLEAR I'M SORRY YOU ARE GOING THROUGH

[02:50:04]

>> THANK YOU. >> APPRECIATE THAT.

[13. CITY CLERK REPORTS]

>> AND 13, CITY CLERK. >> THANK YOU, MAYOR.

ONE ALER NATE AND TWO VACANCY THE BOARD OF TRUSTEE AND THE PLAN HAS ONE VACANCY. THE BOARD OF ADJUSTMENT HAS ONE AND APPLICANTS ARE ENCOURAGED TO CONTACT THE CLERK'S OFFICE OR REACH OUT AND FILL OUT THE ONLINE APPLICATION.

I WANTED TO OFFER MY CONDOLENCES TO THE CITY ATTORNEY ON THE LOSS OF HER BELOVED BROTHER. I'M SORRY TO HEAR THAT.

>> THANK YOU. >> VICE MAYOR.

[14. MAYOR/COMMISSIONER COMMENTS]

>> GOOD. >> STILL EXCITED FOR ME.

>> I'M EXCITED. >> STURGES.

>> THANK YOU, MAYOR. >> I HAVE ONE THING TO SAY I'M GLAD WE MADE IT THROUGH MONEY MEETING WITHOUT OUR MASKS ON AND I FEEL GREAT AND I'M GLAD TO SEE THE AUDIENCE, YOU KNOW DID AND

STAYED SOCIALLY DISTANCED. >> COMMISSIONER ROSS.

>> TWO THINGS. FIRST AN E-MAIL I RECEIVED FROM A CITIZEN AND IT SAID, QUOTE I JUST WANTED TO SEND AN E-MAIL TO STEL OFFICIALS THAT RESIDENTS WERE ON THE EXTREMELY PLEASED WITH THE QUALITY OF WORK DONE BY THE STORM DEPARTMENT TO REPAIR DEFECTIVE UNDERDRAINS IN THE KING GEORGE LANE AREA A LARGE UNDERTAKING. THEY WERE PLEASANT AND PROFESSIONAL AND WORKED IN THE HEAT TO GET THE JOB DONE IN A TIME TIMELY FASHION. THE CITY IS LUCKY TO HAVE THE TEAM. A SHOUTOUT.

THE SECOND ONE AND BREAKING NEWS, THIS WAS ON THE OBSERVER, IT SAID IT HAS BEEN FOUR YEARS, 7 MONTHS AND 7 DAYS SINCE GAS WAS AVAILABLE IN THE CITY MARINA.

WE NOW HAVE FUEL AT A MARINA. I JUST WOULD LIKE TO POINT OUT, THIS IS A SHOUTOUT TO A FEW PEOPLE BECAUSE THE MARINA PROJECT IS DONE NOW. AND THERE WERE A FEW PEOPLE WHO GOT US TO WHERE WE ARE AND I JUST WANTED TO SHOUT OUT.

BUDDY JACOBS GET THE AND LYNN WILLIAMS WE NEVER WOULD BE WHERE

WE ARE. >> THE SECOND ONE AND THIRD ONE IS BRONSON LAMB THE PROJECT MANAGER I THINK WE WOULD BE MESSING AROUND BUILDING THIS. HE DID A GREAT JOB AND A SHOUT OUT TO HIM. PATHY CHAPMAN AND PART OF OASIS WORKED TO GET I RIDE MY BIKE THROUGH AND TALK WITH THEM FREQUENTLY. THEY SPEND HOURS AND HOURS WORKING ON THIS. THEN FINALLY TAYLOR -- TWO MORE. TAYLOR FITS SIMONS WHO WAS THE MANAGER DOWN THERE WHO SPENT A GREAT DEAL OF TIME AND IN THE END OF THIS GETTING THIS. FINALLY I WOULD LIKE TO SHOUT OUT TO THE CITY MANAGER HE HEARD THROUGH THE PROJECT THIS IS GOING ON FOR YEARS A LONG ROAD AND I JUST WANT TO GIVE A SHOUTOUT TO THOSE PEOPLE. BECAUSE OF THEM AND THE WORK AND TUTELAGE WE HAVE A CITY MARINA. THAT'S IT.

>> THANK YOU, COMMISSIONER. >> I'LL END BY SAYING FIRST OF ALL, WHEN WE RECEIVED THE E-MAILS AND MY HEART SINKS.

AND MY FEELINGS ARE TRANSFERRED TO THAT PERSON FOR THE LOSS.

TAMMY AND THINKING ABOUT NOW FOR MORE THAN A WEEK.

KNOW YOU HAVE PEOPLE WHO CARE. >> AND IT IS HARD TO SEGUE TO THAT CONCOURSE. WE HAVE THE EVENT ON FRIDAY.

AND COFFEE AND CARS. THAT'S A FREE EVENT.

AND CAN YOU GO THE JUDGE SOMETHING ON SUNDAY.

THE FOUR. >> FOUR MONTHS, 7 DAYS, I WAS

WITH HIM FILLING UP. >> FINALLY I WILL SAY THE

[02:55:04]

THEY HAVE BEEN ARD OUS BUT IT IS A PLEASURE SERVING WITH EACH AND EVERY ONE OF YOU AND HAVE THE ABILITY TO HAVE A CIVILIZED, THOUGHTFUL, CONSIDERATE CONVERSATION EVEN WHEN WE HAVE OPPOSING VIEWS. AND I CAN NOT SAY THAT FOR A LOT OF GOVERNING BODIES DURING THESE TIMES.

BUT I WANT TO THANK YOU FOR YOUR SERVICE AND FOR CONTRIBUTING TO THE DEPTH AND BREADTH OF OUR DECISIONS.

THANK YOU FOR THAT. WITH THAT WE ARE

* This transcript was compiled from uncorrected Closed Captioning.