Jul 06, 2021 Regular Meeting

[1. CALL TO ORDER]

[00:00:02]

>>> CALL TO ORDER THE JULY 6, 2021 CITY COMMISSION MEETING.

CLERK, WILL YOU PLEASE CALL THE ROLE.

(ROLL CALL). >> SOME HOUSEKEEPING ITEMS. CELLULAR PHONES, CAN YOU PUT THEM ON AN AIRPLANE OR SILENT MODE OR TURNED THEM OFF THAT WILL BE GREATLY APPRECIATED.

BUT THE CORPSMAN THE MEETING AS ALWAYS, DIGNITY AND RESPECT FOR ALL SPEAKERS. WE ARE STILL UNDER COVID-19 GUIDELINES, ALTHOUGH WE ALLOW FULL ATTENDANCE IN THE MEETING ROOMS IF YOU WANT TO SOCIAL DISTANCE YOU ARE WELCOME TO DO SO. VICE MAYOR IF YOU WILL LEAD US THROUGH THE PLEDGE AND REMAIN STANDING FOR REVEREND THOMPSON

WHO WILL GIVE US THE INVOCATION. >> I PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG OF THE UNITED STATES OF AMERICA, ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

>> WELCOME REVEREND. >> LET US PRAY.

OUR FATHER, OUR GOD, OUR MAKER AND CREATOR, WE HAVE COME ONCE AGAIN TO TELL YOU THANK YOU. THANK YOU FOR LIFE, HEALTH AND STRENGTH. THANK YOU FOR ALLOWING US TO SEE THIS DAY. FATHER THANK YOU FOR HOW YOU HAVE KEPT YOUR LOVING ARMS AROUND THE CITY OF FERNANDINA BEACH. WE ASK THAT YOU CONTINUE TO BLESS OUR CITY. WE INVOKE YOUR PRESENCE AT THIS MEETING AT THE FERDINAND BEACH CITY COMMISSION.

WE ASK THAT YOU WILL LEAD, GUIDE AND A WAY THAT IS PLEASING.

THANK YOU IN ADVANCE FOR WHAT YOU WILL DO AND ALL OF GOD'S

CHILDREN SAY, AMEN. >>> THANK YOU SIR.

[4.1 PRESENTATION - NASSAU HUMANE SOCIETY]

>> ITEM 4.1 PRESENTATION BY THE NASSAU HUMANE SOCIETY.

>> HELLO, SHE IS ONE AND A HALF-YEARS-OLD, SHE IS GREAT WITH KIDS, ADULTS, HOUSEBROKEN. SHE LIKES TO PLAY WITH OTHER DOGS. SHE WAS ONE OF OUR GO TO FOR

EVERYTHING. >> BENT CITY MANAGER WOULD LIKE

TO KNOW IF SHE LIKES CATS. >> WE WALKED THROUGH THE LOBBY TONIGHT AND THEY DID NOT BOTHER HER.

SHE LOOKED LIKE SHE WANTED TO PLAY.

IF YOU ARE INTERESTED WE COULD PUTTER WITH YOUR CAT AND FIND

OUT FOR SURE. >> I DON'T THINK THEY WOULD BOTHER HER. SHE IS PRETTY SOLID.

>> THANK YOU. >> HAVE A GOOD NIGHT.

[4.2 PRESENTATION - GOVERNMENT SERVICES GROUP, INC.]

>> ITEM 4.2 PRESENTATION FOR THE GOVERNMENT'S SUPPORT GROUP I THINK THIS IS THE CARES ACT FUNDING.

WELCOME SIR, STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.

WE WILL HAND THESE OUT, THEN YOU WILL HAVE OUR FULL ATTENTION.

>> NO PROBLEM. HI I AM DAVE, THANK YOU MR. MAYOR AND COMMISSIONERS FOR HAVING ME HERE THIS EVENING.

I AM SORRY I DON'T HAVE ANY DOGS WITH ME.

I WAS ALWAYS SO DON'T FOLLOW DOGS OR CHILDREN PRESENTATION BUT I DIDN'T GET TO PICK THE ORDER.

WE WILL TALK ABOUT THE CARE IS ACCESSIBLE AS THE AMERICAN RESCUE PLAN. I HAVE A FEW THINGS I WANT TO TALK TO YOU ABOUT AND EVENTUALLY GET TO THE POINT WHERE WE CAN OUTLINE THE CONCEPTUAL FRAMEWORK WE HAVE BEEN WORKING WITH CITY STAFF ON AND TALK THROUGH PRIORITIZATION'S AND GET YOUR DIRECTION IN TERMS OF MOVING FORWARD.

IF YOU LOOK AT THE CARES ACT, THE AMERICAN RESCUE PLAN IS

[00:05:03]

IT WAS A RACE. YOU HAD SIX MONTHS TO GET THE FUNDING, SPENT THE MONEY. THE MONEY WAS COMING THROUGH THE STATE, THERE WAS CONFUSION AND LACK OF CLARITY THROUGHOUT THE PROCESS. AT ONE POINT, BY THE END OF THE CALENDAR YEAR, THE FEDS HAD EXTENDED THE DEADLINE BUT AT THAT POINT MOST OF THE CITIES AND COUNTIES HAD SPENT THEIR MONEY. WHAT WE DID LEARN, THE RULES CAME OUT AND IT WAS A BRAND-NEW PROGRAM AND GUIDANCE THAT CAME AFTERWARDS. PARALLELED THAT WITH WHAT'S GOING ON WITH THE AMERICAN RESCUE PLAN.

THEY PASSED A BILL ON MARCH 11, THE FINAL CAME OUT ON MAY 10 AND WE HAVE AT 5-6 UPDATES. THE OFFICIAL GUIDANCE WON'T COME OUT UNTIL LATER THIS SUMMER. THE ACTUAL.

OFFICIAL COMMENTS. IT WILL GO THROUGH JULY 16.

WE DO HAVE TIME. THE OTHER THING, HOW YOU COORDINATE THE OPPORTUNITIES LOCALLY.

RIGHT NOW, YOU CAN GO FOR DOCUMENTATION FOR TEN YEARS.

PLANNING IS CRITICAL AND THEY REFERRED TO THIS AS AN INVESTMENT MAKING AN INVESTMENT INTO THE FUTURE.

THEY ALSO TALK ABOUT ONCE IN A LIFETIME OPPORTUNITIES.

THIS WILL REALLY PROVIDE SOME OPPORTUNITIES OF SOME INCREASE COORDINATION. YOU KNOW, ONE OF THE KEY FINDINGS THAT WE HAVE ALREADY FOUND FROM THE CARES ACT WHICH JUST CLOSED OUT IS THE INNER CHALLENGES WE ARE HAVING UNDER THE AMERICAN RESCUE PLAN IS ELIGIBILITY DETERMINATION AND LOOKING AT DUPLICATION AND THE KEY THING IS ADEQUATE DOCUMENTATION. ONE OF THE BENEFITS THAT YOU HAVE NOW THAT DID NOT EXIST UNDER THE CARES ACT IS THE STATE IS TAKING ON THE RESPONSIBILITY OF PROVIDING THE RENTAL ASSISTANCE PROGRAM. EVEN THOUGH SOME OF THE MAJOR COUNTIES, ARE ADMINISTERING THEIR OWN PROGRAMS, SO, SOME OF THE RESPONSIBILITY AND A LOT OF THE WORK THAT WENT THROUGH, THAT IS NOW BASICALLY DONE BY THE STATE.

THAT'S PART OF THE PLAN YEAR END THE DOCUMENTATION WE WILL PROVIDE AND WE WILL HAVE LINKS ON HOW TO ACCESS THE INFORMATION. ONE OF THE THINGS THE COUNTY IS DOING TO MAXIMIZE THE INVESTMENT, THE COUNTY IS STARTING TO PROSPER NASSAU ABOUT ORG WHICH GOING TO BE A WEBSITE THAT NONPROFITS CAN GO TO, TO FIND OPPORTUNITIES FOR GRANT ASSISTANCE LIKE THROUGH THE AMERICAN RESCUE PLAN AND A PLACE FOR THOSE WHO WANT TO VOLUNTEER AND THOSE WHO NEED VOLUNTEERS.

IT WILL EVENTUALLY GROW INTO SOMETHING LARGER AND THE CITY HAS BEEN ASKED TO PARTICIPATE IN THE PROCESS AND WE ARE ASSISTING THE CITY WITH THE PROCESS. SWITCHING GEARS, LET'S TALK ABOUT THE AMERICAN RESCUE PLAN. IT IS THEY $1.9 TRILLION SPENDING PLAN. WHAT WE ARE FOCUSING ON IS THE PIECE CALLED THE AID TO STATE AND LOCAL GOVERNMENTS AND THE TRANSIT TO SCHOOL. WHAT WE WILL FOCUS ON, WHAT DOES THIS MEAN TO THE CITIZENS OF FERNANDINA BEACH.

THERE ARE FIVE BROAD USES OF THE FUN THAT OUR OUTLINED.

THE FIRST IS VERY SIMILAR TO THOSE UNDER THE CARES ACT THAT YOU CAN USE. THINGS LIKE SOCIAL DISTANCING, PERSONAL PROTECTIVE EQUIPMENT, THE SECOND AREAS TO ADDRESS THE NEGATIVE IMPACTS. THERE ARE PROVISIONS WITHIN THE ACT THAT ALLOW FOR MONETARY GRANTS AND LOANS AND OTHER ASSISTANCE TO OTHER NONPROFITS. THE OTHER AREA IS LOST REVENUE.

[00:10:03]

ONE ALLOWS FOR PREMIUMS PAID FOR ESSENTIAL WORKERS.

THIS IS ANYONE WHO INTERFACES WITH THOSE IN THE PUBLIC IT COULD BE THOSE IN CERTAIN TYPES OF INDUSTRIES PROVIDING HEALTHCARE BENEFITS AND/OR CHILDCARE THAT YOU CAN PROVIDE.

AND THE INFRASTRUCTURE INVESTMENTS, THEY WILL TALK ABOUT WATER, SEWAGE AND BROADBAND.

WE HAVE BEEN ASKED NUMEROUS TIMES AS WELL AS THE TREASURY HAS RECEIVED 950 QUESTIONS SPECIFICALLY FROM THE COUNTY AND THE SAME FROM THE CITY ON THINGS LIKE, CAN WE USE IT FOR IMPROVEMENTS FOR PLAY STATIONS AND FIRE STATIONS.

CAN WE USE IT FOR EMERGENCY OPERATIONS CENTERS.

THE ANSWER IS, IT DEPENDS. UNFORTUNATELY THAT IS THE BEST ANSWER WE HAVE UNTIL THE FINAL ROLE COMES OUT.

>> IF YOU LOOK AT THE FLOW OF FUNDS, WE SAY FOLLOW THE MONEY.

THE RULE, THE RULE BECAME PUBLIC ON MAY 10 OF THIS YEAR.

ON MAY 10 OF THIS YEAR OF THE STATE OF FLORIDA COULD APPLY FOR AND DRAW DOWN THE MONEY DIRECTLY FROM THE U.S. TREASURY.

THE OTHER GROUPINGS WERE LARGE. ALL OF THE COUNTIES WERE ABLE TO PROVIDE AND GET ASSISTANCE AS WELL AS METROPOLITAN CITIES.

ANY CITY OVER 50,000 IN SIZE. UNFORTUNATELY FERNANDINA DID NOT MEET THAT AND IT IS BELOW THE LINE.

YOUR FUNDING COMES THROUGH THE STATE OF FLORIDA.

SO WHILE THE STATE COULD DRAW DOWN THEIR MONEY, BEGINNING ON MAY 11, THEY DID REQUEST, AND WERE ACCOMMODATED UNDER THE EXTENSION. YOUR FUNDS PROBABLY WON'T START ARRIVING HERE UNTIL NO EARLIER THAN JULY.

WITHIN THE NEXT WEEK WE ANTICIPATE THE PROCESS COULD TAKE ANOTHER TWO WEEKS TO 30 DAYS.

IT DEPENDS ON THE PROCESS THE STATE HAS TO GO THROUGH.

I WAS ON A CALL WITH MR. GUTHRIE, THE DIRECTOR FOR THE DIVISION THAT OVERSEES THE FEDERAL RESPONSES.

HE MADE THE COMMENT THAT, WE ARE GOING INTO UNPRECEDENTED TERRITORY. HE SAID IT IS THE ONLY TIME THAT EVERYONE HAS BEEN PART OF A SINGLE, DECLARED NATIONAL DISASTER. THE AMOUNT OF REQUESTS AND PAPERWORK THEY ARE DEALING WITH, AS IT RELATE TO THE AMERICAN RESCUE PLAN, IF YOU ADD THOSE STORMS AND THINGS LIKE THAT, THERE MAY BE SOME UNANTICIPATED DELAYS BUT YOU WILL BE NOTIFIED BY THE STATE WHEN YOUR FUNDS ARE AVAILABLE.

THERE IS IN EXCESS OF MONEY COMING INTO THE COUNTY AS A WHOLE. THE COUNTY WILL RECEIVE MONEY FROM THE U.S. TREASURY AND ANOTHER ESTIMATED 3-5 BILLION WILL GO TO THE SCHOOL BOARD FOR THEIR PURPOSES THAT COME UNDER A DIFFERENT POT. OF THE FOUR-POINT 3 BILLION GOING IN FOR THE AMERICAN RESCUE PLAN, ABOUT $571,000 WILL GO AND THE CITY WILL RECEIVE 5.5 MILLION.

YOU WILL GET YOUR FIRST BATCH, WHICH SHOULD BE AVAILABLE WITHIN THE NEXT 30 DAYS THE SECOND TRANCHE, YOU CAN GET NO SOONER THAN 12 MONTHS AFTER YOUR FIRST RECEIPT OF THE MONEY.

AT THIS POINT WE DON'T HAVE A CLEAR SENSE OF WHAT THE

[00:15:02]

WE DO HAVE MORE PROJECTS THAN WHAT YOU HAVE FUNDING FOR WHICH IS COMMON AND SIMILAR TO OTHER PLACES.

IT IS ALSO GOOD, IF YOU'RE GOING THROUGH THE PROCESS AND THE DIRECTION FROM THE COMMISSIONERS IT'S DIFFERENT THAN WHAT STAFF IS RECOMMENDING AND WE HAVE THINGS WE CAN PUT ON THE LIST.

JUST A FEW REMINDERS. YOU CAN'T USE THE FUNDING TO RELEASE THAT'S RIGHT REDUCE YOUR TAX REVENUE.

YOU CAN'T MAKE CERTAIN TYPES OF PERSONNEL EXPENSES YOU CAN'T USE THE MONEY TO PAY FOR YOUR SALARIES OR FRINGE BENEFITS BUT IF YOU HAD AN OUTSTANDING PENSION YOU CAN USE IT FOR THAT AND YOU CAN'T USE IT FOR LITIGATION EXPENSES OR OTHER TYPES OF PROHIBITED EXPENSES UNDER THE FEDERAL GUIDANCE.

THE PERIOD OF PERFORMANCE, ANYTHING FROM MARCH 3 OF THIS YEAR THROUGH DECEMBER 31 OF 2024.

SO BASICALLY THE NEXT THREE AND I HAVE EARS, YOUR EXPENSES HAVE TO BE INCURRED, THE DEFINITION THE TREASURE IS USING IS BEING OBLIGATED AND THE CITY COMMISSION HAS APPROVED A PROJECT. IT WILL BE ELIGIBLE AS LONG AS IT MEETS OTHER STANDARDS. YOU HAVE THREE YEARS TO PAY FOR THE SERVICES. IF YOU ARE THINKING, WHICH WE ARE AND ONE OF THE THINGS WE WILL TALK ABOUT IS CAPITAL PROJECTS AND PAY AS YOU GO. THEY ARE TRYING TO GET SOME OF THOSE RESTRICTIONS THESE BUT RIGHT NOW, YOU HAVE TO USE THE FUNDS AS YOU ARE GOING AND YOU CANNOT USE IT FOR LONG-TERM DEBT OR DEBT SERVICE PAYMENTS AT THIS POINT.

THE ONE THING FOR US IS THAT FROM FIVE YEARS AFTER THE LAST DATE OF RECEIPT OF PAYMENT FOR EXPENSES OR FIVE YEARS FROM DECEMBER 31 THAT IS THE DOCUMENTATION REQUIREMENT.

WE HAVE TO KEEP RECORDS FOR ANOTHER TEN YEARS.

IT IS A LONG-TERM PROCESS. ON THE 23RD OF JUNE OUR TEAM CAME INTO TOWN, WE SAT DOWN WITH THE FINANCE DEPARTMENT.

MR. MARTIN AND OTHER REPRESENTATIVES, WE WALKED THROUGH THE INITIAL FRAMEWORK. WE TALKED ABOUT THE PROJECTS.

WE WENT THROUGH SOME OF THE INITIAL PROJECTS FOR ELIGIBILITY CONSIDERATION. AT THE END OF THAT AND AFTER BACK AND FORTH, WE HAVE COME UP WITH A SHORT LIST OF CATEGORICAL WITH PROJECTS LISTED, THE TWO OR THREE WILL ACTUALLY SEE THE TOTAL AMOUNT OF FUNDING. THAT IS WHY IT IS A SHORT LIST.

WE DO HAVE THE ENTIRE LIST THAT WE CAN SHARE WITH YOU, IF YOU WOULD LIKE TO SEE WHAT IS IN THERE.

TWO THINGS WE TRY TO LOOK AT. ONE IS THAT, THE ELIGIBILITY UNDER THE CURTAIN THAT'S RIGHT CURRENT GUIDANCE AND MINIMIZE THE RISK OF A CALL BACK. MEANING IF YOU SPEND IT ON SOMETHING, THAT THE TREASURER DEEMS TO BE INELIGIBLE THEY CAN ASK THE CITY TO REPAY THE MONEY. WE ARE WONDERING ABOUT THOSE LOWER MARGIN OF RISK AN ERA THAT IS THE OTHER FACTOR WE LOOKED AT. OF THE FIVE AREAS WE ARE TALKING ABOUT, THERE ARE THREE AREAS THAT MADE THE SHORT LIST.

THE FIRST 100 PUBLIC HEALTH AND I'M NOT NECESSARILY DOING FEES AND STRATEGIC ORDER. IF MEMORY SERVES ME CORRECTLY, IT WAS INFRASTRUCTURE FIRST, IMPACT AND PUBLIC HEALTH WAS THE ORDER THAT WE HAD. BASED ON THE CATEGORIES, THE FIRE STATION IS SOMETHING THAT IS PART OF OUR TEAM.

WE HAVE EXTERNAL LEGAL COUNSEL WE'VE BEEN WORKING WITH.

THEIR JOB IS LOOKING AT THE LEGAL RISK AND UNDERTAKING HIM

[00:20:06]

THERE ARE WAYS TO FUND THE FIRE STATION BUT IT IS A LITTLE MORE INVOLVED AND IT TAKES MORE DOCUMENTATION ON THE FRONT END.

THE SECOND AREA, THIS CHECKS OFF A FEW BOXES THAT THE FEDS ARE LOOKING FOR. IT FALLS WITHIN THE WATER QUALITY ISSUE AS WELL AS TOURISM AND THE THIRD AREA WHICH WAS NOTED AS AREA FIVE, AS TO DO WITH STORM WATER MANAGEMENT.

I THINK THAT WAS THERE. THAT WAS ONE OF THE ONES THAT CAME PRETTY HIGH UP THE LIST. SO THESE ARE THE THREE MAIN CATEGORIES WE CAME UP WITH. WE PROVIDED SOME ADDITIONAL GUIDANCE HERE FOR ANYONE WHO IS INTERESTED.

WE HAVE LINKS TO THE HOMEPAGE TO THE TREASURY, THIS IS CONTINUALLY UPDATING AND WE HAVE THE GOVERNMENT CLIENTS ASSOCIATION AFFECTED WITHOUT A MODEL IN TERMS OF DEVELOPING CALCULATIONS FOR REVENUE LOSS CALCULATIONS THAT THE FEDS HAVE APPROVED THE USE OF THAT MODEL. WHAT AT THIS POINT THAT CONCLUDES THE FINAL COMMENTS I HAVE AT THIS POINT.

IF YOU HAVE ANY QUESTIONS, MY FINAL ASK IS THAT I WILL GO BACK TO THE PAGE IF YOU DO LIKE THE PRIORITIES LISTED, IF YOU COULD PROVIDE YOUR FEEDBACK, OBVIOUSLY YOUR DIRECTION TO MR. MARTIN AND HE WILL ADVISES IN TERMS OF GETTING TO THE NEXT STEP IN PREPARING THE ACTUAL PLAN FOR THE CITY.

>> COMMISSIONER ROSS. >> IS MY LIGHT MY LIGHT ON.

>> THERE IS A LIGHT ON, IT IS HARD FOR ME TOO TELL.

YOUR LIGHT IS NOW APPEARING. >> MY QUESTION IS, THIS ORGANIZATION GROUP FUNCTION THAT YOU ARE SETTING UP ARE THEY DOING THAT WITH THEIR MONEY YES THEY ARE DOING IT WITH TWO FUNDING STREAMS. PART WILL BE THROUGH THE AMERICAN RESCUE PLAN. PART OF IT WILL BE FUNDED

THROUGH GENERAL COUNTY DOLLARS. >> WE WILL GET THE BENEFIT?

>> YES, THAT IS MY UNDERSTANDING.

I THINK WE HAVE ALREADY COMMITTED $1 MILLION, I THINK WE ARE $1 MILLION SHORT ON STABILIZATION.

FORTY INFRASTRUCTURE I'M NOT SURE WHAT THE REVITALIZATION PROJECT IS, I THOUGHT IT WAS A WATERFRONT STABILIZATION PROJECT, OR ARE RE-CREATING MORE STUFF TO IT.

WE ARE GOOD. I THINK, INFRASTRUCTURE WISE, IF THIS IS WHERE WE SHOULD GO WITH THE MONEY.

WHAT YOU WERE SAYING ABOUT A NONPROFIT IS GOOD.

I DON'T BUY THE ARGUMENT IT IS OLD OUT THERE BUT THEY DO NOT KNOW HOW TO GET IT. THIS TOOL WILL HELP THEM GET IT

BIG. >> PART OF THE TOOL FOR WHICH THE COUNTY IS ALSO PAYING FOR IS TECHNICAL ASSISTANCE.

OUR TEAM, WE WON'T DEVELOP THE APPLICATION OR WRITE THE APPLICATION ON BEHALF OF THE NONPROFIT BUT WE CAN PROVIDE THEM WITH FEEDBACK BASED ON THE INFORMATION THEY NEED TO APPLY AND GUIDE THEM TO THE POINT WHERE THEY SUBMIT THEIR OWN

APPLICATIONS. >> THE OTHER THING IS, I THOUGHT WE WERE GOING TO GET SOME INPUT FROM THE CHAMBER OF COMMERCE ON ECONOMIC IMPACT, DID WE GET ANYTHING FROM THEM?

>> WE HAVE NOT REACHED OUT TO THEM.

>> THEY TOLD ME THEY HAVE A PACKAGE AND I ASSUME WE WOULD SEND IT. DAVID I JUST HAD ONE QUESTION THAT PEAKED MY INTEREST. YOU MENTIONED THE CLAWBACK, WHERE YOU MAY RECEIVE FUNDS, SPEND THE MONEY AND THERE'S A

[00:25:02]

>> ACTUALLY, I AM PRETTY SURE THE CONTRACT YOU WILL RECEIVE FROM FLORIDA DEM WILL HAVE A PROVISION TO THE EFFECT OF, WHILE THERE MAY BE PROVISIONAL APPROVAL PROVIDED IF THE STATE OR THE FEDS LATER DETERMINED IT IS DISALLOWED, THEN THEY WILL GO THROUGH THE PROCEDURES, SO THE ONLY REAL WAY TO PROTECT YOURSELF AGAINST THAT IS PROPER DOCUMENTATION AND GOING THROUGH A FORMAL APPEALS PROCESS WHICH I UNDERSTAND THE CITY HAS

EXPERIENCE WITH. >> THAT IS THE BASIS OF MY QUESTION. THERE ARE NO GUARANTEES.

>> THERE ARE NO GUARANTEES. >> THANK YOU SIR.

>> ANY OTHER QUESTIONS? >> NO.

>> COMMISSIONER, IF YOU COULD JUST TURN YOUR LIGHT ON, I WANT

TO READ MY BOARD. >> SO, VICE MAYOR YOU ARE JUST

REGISTERING. >> WE ARE ON PLAN FIVE, PUBLIC

[5. PUBLIC COMMENT REGARDING ITEMS NOT ON THE AGENDA OR ITEMS ON THE CONSENT AGENDA]

FOR THE CONSENT AGENDA I HAVE 1-3.

ATTACHED PATTY CLIFFORD, FERN ANITA BEACH.

AS YOU START DIVING INTO THE BUDGET, JUST A FEW ITEMS TO CONSIDER. IN A YEAR WE WENT THE CITY WILL BE GETTING MONEY YOU SHOULD GO BELOW THE ROLLBACK RATE.

YOU WILL NEED THE TRANSFERS WERE NOT AS MUCH AS YOU NEED.

MANY OF YOU ARE ASKING TO BUDGET THE MONEY FOR MARKET ANALYSIS.

I HAVE PROVIDED EXAMPLES FOR OTHER CITIES AND MADE SUGGESTIONS AS TO HOW TO GO ABOUT THIS.

DEVELOPMENT WILL COME. DO YOU WANT PLANS BEST OR DO YOU WANT HODGEPODGE DEVELOPMENT. ESPECIALLY OUR PRECIOUS WATERFRONT. OPEN UP ALACHUA.

REALLY GET IT DONE. 'S STOPPING INTERMITTENT DOMAIN IS NOT A REASON NOT TO GOPAL FORWARD.

MAKE THE IMPROVEMENTS. BOTH OF THESE WILL INCREASE THE BODY'S -- VALUES OF THE PROPERTY SPIRIT REDUCE THE HEADCOUNTS OR DON'T LET IT GROW. COMMISSIONER, YOU SAID AT LAST MEETING, LOOKING AT THE REPORT THAT THE CITY MANAGER SHARED WITH YOU, YOU WILL SEE THE GENERAL FUND AT 128 IN 2005 TO A HIGH. THIS INCLUDED POLICE DISPATCHERS. IN THE SIX YEARS UNDER CITY MANAGER, EMPLOYEES INCREASE FROM 125 TO THE CURRENT FISCAL YEAR BUDGET OF 154.5. THIS EXCLUDES THE GROWTH IN THE BUILDING DEPARTMENT DURING THIS TIME.

I ASK YOU OR ANY COMMISSIONER, HOW CAN YOU SAY THERE HAS BEEN NO INCREASE IN THE NUMBER OF EMPLOYEES.

THANK YOU. >> PETER?

>> I AM HERE TO TALK ABOUT DOWNTOWN PARKING.

>> SIR WILL YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> PETER VALERIE 121 NORTH SECOND STREET.

THIS IS A MIXED-USE BUILDING AND HAS THREE PROFESSIONAL OFFICES.

SINCE THE SPRING 2015, THERE HAS BEEN A CITY PARKING LOT AT THE CORNER. THIS IS A LOT WITH 27 SPACES.

OVER THE LAST SIX YEARS THIS HAS BEEN LIGHTLY USED AND IT SITS TWO BLOCKS FROM CENTER STREET. THIS IS USED BY VISITORS FOR BUSINESS AND PLEASURE. SOMETIMES IT IS CLOSE FOR SPECIAL EVENTS. IT HAS ALSO BEEN USED SINCE 2015 FOR OVERNIGHT PARKING BY PEOPLE, CITY RESIDENTS AND PEOPLE WHO LIVE NEARBY THE NEIGHBORHOOD. THE RESIDENTS LIVING AND THE

[00:30:02]

THESE FOLKS HAVE LIVED HERE FOR 16 YEARS.

TO MY KNOWLEDGE THERE HAS BEEN NO INCIDENTS OF CRIME OR VANDALISM OR DISTURBANCES OF THE PIECE TAKING PLACE.

THERE HAVE BEEN NO VACANCIES OR PARKING.

IT IS A QUIET AREA BETWEEN THE CITY STREET NIGHTLIFE.

MUCH TO MY SURPRISE AND DISMAY, ON MONDAY, JUNE 21 I RECEIVED A CALL FROM A RESIDENT OF THE APARTMENT THEY SAID THE POLICE DEPARTMENT HAD RUN THEIR TIES, CONTACTED THEM SO THEY COULD NO LONGE PARK OVERNIGHT OR THE SPACES ACROSS THE STREET.

COMPLY OR BE TOLD. AT THE TIME THEY WERE CONTACTED, NONE OF THE SPACE IS PROHIBITED OVERNIGHT PARKING.

THEY WERE DIRECTED TO CITY HALL. THEY WERE TOLD ONLY OVERNIGHT PARKING WAS POSSIBLE. BEING LAW-ABIDING, THEY MOVED THEIR CAR NEXT TO WHERE THEY ARE SAYING.

THEN SOMETIME ON JUNE 24, THE PREVIOUS SIGNS WERE POSTED.

FORGIVE ME FOR USING OUT THIS CLICHÉ BUT THIS CLICHÉ SEEMS TO BE A SOLUTION ASCETICAL PROBLEM. THE MAXIMUM PARKING TIME ON THE STREET. NO PERSON WHO OWNS OR HAS POSSESSION OR CONSERVANCY SHALL PARK THEIR VEHICLE ON ANY STREET OR ALLEY FOR MORE THAN A CONSECUTIVE PERIOD OF 60 HOURS.

IT SOUNDS REASONABLE, DOESN'T IT.

I RESPECTFULLY REQUEST THE CITY MANAGER PLEASE AUTHORIZE REMOVAL OF THE 2:00 A.M. PARKING SIGNS AND RETURN THE PARKING LOT TO ITS PREVIOUS STATUS. OR, POSTS NO OVERNIGHT CAMPING OR SLEEPING IN THE CARS. THE RECENT CHANGE HAS PLACED UNNECESSARY BURDEN ON THE LOCAL RESIDENTS.

IT COULD RIG -- PUT INCREASE PARKING AND ADVERSELY AFFECT THE

RESIDENCE. >> CITY MANAGER, CAN YOU ADDRESS

THIS CHANGE. >> THANK YOU FOR THE COMMENTS.

I KNOW I HAVE BEEN WORKING WITH THE POLICE DEPARTMENT.

I WILL HAVE TO GET MORE FEEDBACK BUT I CAN PROVIDE THAT TO BOTH OF YOU. I THINK THE CHIEF SAID HE WILL REACH OUT TO YOU. HAS HE DONE THAT YET.

I WILL FOLLOW THROUGH WITH THAT THIS WEEK.

>> JOE? JOE 212 OFFSHORE DRIVE, FERNANDINA BEACH. I, LIKE A LOT OF PEOPLE ARE HAVING PROBLEMS WITH GARBAGE PICKUP.

I UNDERSTAND THEIR PROBLEMS WITH GETTING ENOUGH PEOPLE BUT WE HAVE A UNIQUE SITUATION ON OFFSHORE DRIVE.

THE CONDOS ACROSS THE STREET FROM MY HOUSE HAVE PUT A CHAIN ACROSS THE DRIVE. THAT HAS CUT OFF ACCESS FROM THE NORMAL ROUTE TO GET TO OUR HOUSE.

THEY NOW HAVE TO GO OUT OF THE NEIGHBORHOOD, CIRCLE AROUND AND COME IN OFF OF SADLER ROAD. THIS WAS PUT UP WITH THE CONCURRENCE OF THE CITY BECAUSE THE CITY IS FULL OF NO SIGNS AND THE CONES, HAVE FB YOU ON THE. I ASSUME THIS WAS DONE TOGETHER.

THIS GARBAGE PICKUP SITUATION IS AN UNINTENDED CONSEQUENCE.

THERE ARE ONLY TWO OF US AT THE END OF THE STREET.

SINCE THAT CHAIN WAS PUT UP ONE MONTH AGO, I HAVE, 13 PICKUPS OF GARBAGE AND RECYCLABLES. I HAVE GOTTEN FIVE OF THEM.

THE WEEKS GO BY WITH NO GARBAGE PICKUP.

I CALLED THE CITY. I CALLED THE GARBAGE PICKUP PEOPLE, EVERYONE WAS VERY FRIENDLY BUT NOTHING GETS DONE.

I CALLED THE CITY AND THEIR FIRST QUESTION IS HAVE YOU CALLED GARBAGE PICKUP AND THEY ARE VERY FRIENDLY BUT NO ONE IS GETTING ANYTHING DONE. I AM HERE TO SEE WHO DO I TALK TO TO GET THIS STRAIGHTENED OUT. SOMETIMES THEY COME AND SOMETIMES THEY DON'T. I DON'T KNOW THE PROBLEM WITH

[00:35:01]

I WOULD APPRECIATE FEEDBACK FROM SOMEONE TO LET ME KNOW WHAT IS GOING ON. IT APPARENTLY DEPENDS WHAT DRIVER THEY PUT ON THE TRUCK IF WE GET PICKED UP.

CONTACTING THE GARBAGE COMPANY IS NO FUN.

15-30-40 MINUTE WEIGHTS, THIS IS NOT HOW I WANTED TO SPEND MY RETIREMENT, ON THE PHONE WITH THE GARBAGE COMPANY.

I WOULD APPRECIATE SOME ASSISTANCE.

>> YOU DID COME TO THE RIGHT PEOPLE.

WE WILL ADDRESS THE PROBLEM RIGHT NOW.

THE CITY MANAGER, IF ELECTED AS THE REMEDIATION, A CITY RESIDENT WHO SHOULD BE RECEIVING THE SERVICE HE IS PAYING FOR.

>> I DON'T WANT OR I DON'T KNOW IF THE LETTERS HAVE GONE OUT.

THERE IS A LETTER I REVIEWED THAT PUTS WASTE MANAGEMENT AND ADVANCED DISPOSAL, ON NOTICE THAT WE RECEIVED TOO MANY COMPLAINTS AND THEY ARE IN DEFAULT AND WE HAVE TO GIVE THEM TIME TO FIX IT. THEY ARE BEING PUT ON NOTICE.

HE IS NOT THE ONLY ONE WHO HAS HAD ISSUES BUT I CAN SPEAK TO THE CHAIN, THAT CHAIN HAS BEEN UP AND TAKEN DOWN AND UP AGAIN.

THE FIRST TIME IT WAS PUT UP AND THERE WERE COMPLAINTS, WHEN I INVESTIGATED IT, THIS IS PART OF THE SINGLE-FAMILY HOMES AND CONDOS, ALL PART OF THE SUBDIVISION THAT WAS PLANTED IN DIFFERENT PHASES. IT WAS UNDER A PLANNED UNIT DEVELOPMENT WITH CERTAIN RULES. ONE OF THE THINGS THE CITY COMMISSION AGREED TO ALLOW WAS AN ELECTRONIC GATE, BUT HAD TO GIVE NEW RESIDENTS ACCESS TO THE ELECTRONIC GATE.

THE GATE WAS NEVER INSTALLED AND THE CHAIN WAS PUT UP INSTEAD.

I PUT THEM ON NOTICE, IT HAD TO COME DOWN.

MY UNDERSTANDING IS IT IS BACKUP.

I HAVE SPOKEN TO THE ATTORNEYS AND THEY SAID IT IS NOT ALLOWED.

THEY PROPOSED AN ALTERNATIVE THAT IS NOT A FULL ELECTRONIC GATE BUT IT WAS ESSENTIALLY A SWINGING ARM, IT WAS THE WAY THE GARBAGE COLLECTORS COULD GET OUT OF THEIR TRUCKS, AND OPEN UP THE GATE AND SWING THE ARM OPEN. THE LAST TIME I SPOKE TO THE ATTORNEY I SAID THAT WAS NOT GOING TO BE OKAY.

THEY CALLED FOR THE ELECTRONIC GATE AND THEY NEEDED THAT GATE OR NO GATE. THAT SHOULD COME DOWN.

>> I SEE SEVERAL LIGHTS ON. LET'S READ THROUGH THE SOLUTION.

SO VICE MAYOR,. >> MY GARBAGE WAS NOT PICKED UP FOR THREE WEEKS IN A ROW IN MY OWN NEIGHBORHOOD.

THE QUESTION IS FOR THE CITY ÚATTORNEY.

IF THEY DEFAULT, WHAT ARE THEY GOING TO DO AND WHAT ARE WE GOING TO DO, IF THEY DO NOT DO WHAT THEY ARE SUPPOSED TO DO.

>> WE ARE DOING WHAT WE ARE SUPPOSED TO DO AND IF THEY DO NOT RESPOND, I WOULD GUESS, THAT THEY WILL RESPOND BUT WHETHER THEY FIX IT OR NOT TO OUR SATISFACTION, AND THE CONTRACT SAYS, IT REALLY IS TO OUR SATISFACTION.

IT IS OUR STANDARDS NOT BEARS. NOT INDUSTRY STANDARDS.

IT IS ABOUT OUR STANDARDS. WE PUT THEM ON NOTICE AND THEY WILL GET FINES FROM THE CITY. THERE IS A SCHEDULE BASED ON THE COMPLAINTS. WE PUT THEM ON NOTICE THAT WE WILL INVOKE THAT PROVISION AND WHAT WE WILL DO IF WE CONTINUE TO GET NONRESPONSIVE FIXES OR NO FIXES THAT ALL.

I CANNOT ANSWER THAT FOR YOU. WE DO KNOW THERE ARE OTHER

[00:40:05]

>> WE DIDN'T HAVE 3-5 RESPONSES. >> I DON'T KNOW IF SOME OF YOU OR WATCH THE NEWS, I AM NOT DOUBTING THEM BUT REPUBLIC, THEY WERE IN SOME OF THE OTHER BEACH CITIES, THEY WERE HAVING ISSUES.

THE NEWS SHOWED PICTURES OF GARBAGE NOT PICKED UP FOUR WEEKS AND THE RESPONSE WAS WE CANNOT FIND WORKERS.

THEY SAID THEY WERE WORKING ON IT.

THAT IS WHAT I KNOW SO FAR. >> COMMISSIONER?

>> BE CAREFUL WHAT YOU WISH FOR. IF WE DECIDE TO PART WAYS WITH WASTE MANAGEMENT OR WHATEVER YOU WANT TO CALL THEM.

THERE ARE THREE OPTIONS. FIND ANOTHER CONTRACTOR.

A HUGE CONSOLIDATION OF WASTE CONTRACTORS IT WOULD NOT BE GREAT FOR WHAT IS AVAILABLE. THE CITY CAN TAKE OVER THE PROBLEM OR WE CAN DO WHAT THE COUNTY DOES AND GET OUT OF THE SANITATION BUSINESS AND EVERYONE CONTRACTS ON THEIR OWN.

THERE ARE NOT MANY GOOD OPTIONS. I THINK WE SHOULD DO THE BEST WE

CAN TO SEE WHAT WE CAN DO. >> COMMISSIONER STURGIS.

>> WE DIDN'T HAVE TIME TO SEEK OUT WASTE MANAGEMENT WILL TREAT THE PROBLEM BUT I NOTICED THE SAME THING I HAVE HAVE A LACK OF TRASH PICKUP. IT'S VERY EASY TO GET TO MY ROAD, EVERYONE IS HAVING THE SAME PROBLEMS. I THINK THE CHANGE SHOULD BE REMOVED.

PUT UP ELECTRONIC DEVICES. FOLLOWING THROUGH, THAT IS MY

OPINION. >> I WOULD AGREE, THE FIRST PROBLEM IS THE CHAIN AND DEALING WITH THE CONDO AND HAVING THEM FOLLOW THE RULES. AND HIS GARBAGE CAN BE PICKED UP. THE SECOND THING TO TACKLE IS THE SERVICE PROBLEM. WHEN WE FEEL THE LEVEL OF SERVICE IS FAILING SO SEVERELY THAT WE NEED TO ENTERTAIN OTHER ALTERNATIVES. ARE YOU SATISFIED?

>> TO YOUR COMMENT, IT'S ONE THING TO GET YOUR GARBAGE PICKED UP. IT'S ANOTHER THING TO HAVE EVERYONE'S PICKED UP BUT YOUR SPIRIT.

>> THAT CONCLUDES PUBLIC COMMENT.

[6. CONSENT AGENDA]

>> RECOMMEND APPROVAL. >> I HAVE A MOTION AND THE SECOND ON THE CONSENT AGENDA. CAN YOU CALL THE BOAT.

(ROLL CALL). THE CONSENT AGENDA PAST 5-0.

[ 7.1 AGREEMENT - SEASIDE SUBDIVISION BOARDWALK - RESOLUTION 2021-95 ACCEPTING SEASIDE SUBDIVISION BOARDWALK MAINTENANCE RESPONSIBILITY LOCATED ON THE UNIMPROVED PORTION OF JEAN LAFITTE BOULEVARD AND HAVING A LENGTH OF APPROXIMATELY 400 LINEAR FEET; FOR A PERIOD OF FIVE YEARS; AND PROVIDING FOR AN EFFECTIVE DATE.]

BOARDWALK. >> OF THIS IS A RESOLUTION TO MOVE FORWARD WITH CITY MAINTENANCE AND UPKEEP OF WHAT IS REFERRED TO, REFERRED TO HERE AS THE SEASIDE STAFF AND THE WALKWAY TO DIFFERENTIATE TO THE PARK AND IT IS TIED TO THE SEASIDE SUBDIVISION LOCATED OFF OF THE RIGHT-OF-WAY.

SO, THIS BOARDWALK, WAS CONSTRUCTED IN AN UNAPPROVED PORTION OF THE BOULEVARD AND DUE TO LACK OF MAINTENANCE THE BOARDWALK IS IN NEED OF $70,000 IN REPAIRS THAT WAS ORIGINALLY REPORTED TO YOU. THE CITY DID GO OUT FOR BIDS FOR THE REPAIRS AND THEY RECEIVED TWO PROPOSALS.

ONE WAS FOR $99,000 AND ONE WAS FOR $169,000.

[00:45:04]

THE OWNERS ASSOCIATION. >> I HAVE A MOTION AND A SECOND

MOTION. >> WHY DOES IT TAKE FIVE YEARS.

WHY DO THEY WANT TO CONTRIBUTE NOW?

>> IN THIS SESSION IT WAS THE HOME ASSOCIATION WHO SAID THEY DON'T HAVE THE MONEY TO PAY FOR THAT LEVEL OF REPAIRS.

>> THE REASON I WROTE IT THIS WAY, IT CAN BE CHANGED HERE.

FIVE YEARS IS THE AMOUNT OF TIME THAT IS A REASONABLE AMOUNT OF TIME BEFORE WE GET CLOSE TO THE END.

BY PASSING THIS RESOLUTION, I THINK YOU ARE TELLING CITIZENS AND OTHERS WHO USE IT, WE ARE COMMITTING TO FIVE YEARS OF MAINTENANCE AND UPKEEP AND NOT SLIPPERY BUT AFTER FIVE YEARS,

WE ARE NOT MAKING ANY PROMISES. >> BASED ON WHAT THE ENGINEERS SAID. CORRECT.

>> THAT DOES NOT MEAN YOU CAN'T SAY WE ARE NOT KEEPING IT BUT HE SAYS WE WILL MAINTAIN IT AND AFTER THAT, THERE ARE NO

PROCESSES. >> COMMISSIONER ROSS.

>> YEARS AGO, THE SEASIDE SUBDIVISION BUILT A BOARDWALK AND I RECENTLY RECEIVED AN E-MAIL FROM A RESIDENT WHO LIVES IN THE SUBDIVISION CONCERNING THE BOARDWALK.

THEY STATED I BELIEVE TAXPAYER DOLLARS SHOULD GO TO WHAT THEY USE THEM LOVE AND WHAT IMPROVES THEIR QUALITY OF LIFE.

THEY ALSO STATED, IT IS ALREADY BUILT STRUCTURALLY SOUND.

IT POINTED OUT $100,000 THE SECOND PARAGRAPH OF THE RESOLUTION IS NOT ACCURATE. $70,000 IS CLOSER TO $175,000 OVER THE NEXT FIVE YEARS. FINALLY THE RESIDENT WENT ON TO STATE, WAS TRULY AN ASSET, ONE THAT SHOULD BE PROPERLY FUNDED AND CARED FOR AND MAINTAINED BY THE CITY, JUST LIKE A BEACH WALK UP. I AGREE WITH THE STATEMENTS AND THE E-MAILS THAT I RECEIVED. I RECEIVED E-MAILS THAT SUPPORT FUNDING THIS PROJECT BUT I WOULD LIKE TO POINT OUT THE CITY COMMISSIONERS OVER THE LAST 10-15 YEARS, ASKING TO TAKE CARE OF THE BEACH WALK OVER IS PROBABLY NOT A GOOD IDEA.

LET'S TALK ABOUT THE OTHER SIDE. SO WHERE IS THE MONEY GOING TO

[00:50:11]

THAT WAS REQUESTED AND THAT REPORT CARSON CITY $50,000 FOR THEIR ADVICE. THEY MADE THREE FINDINGS AND IT WAS TO DETERMINE TO GET A SUSTAINABLE COURSE FOREVER CITY, FINANCIALLY SUSTAINABLE GOING FORWARD.

THEY MADE THREE FINDINGS WON OF WHICH I WILL TALK ABOUT.

AT THE CITY'S IT IS OPERATING COSTS SO BASICALLY THE REPORT HAS SEEN CERTAIN THINGS THAT THE SALARIES WERE ON THE RISE AND WE WERE OBLIGATED TO GIVE 4-5% TO EMPLOYEES AND HEALTH INSURANCE WOULD GO UP NO MORE THAN 8% AND THE REST OF THE BUDGET, WOULD ONLY GO UP BY 1.5%. THE TAKE-HOME MESSAGE, IF IT WAS MAINTAINED AT THE SAME RATE AND THE COST COULD BE MAINTAINED AT THE SAME RATE, AND THAT IS GOOD NEWS.

SUBSEQUENTLY, THE CITY COMMISSIONERS IGNORED THE ADVICE OF THE CONSULTANTS, AND INCREASED MAINTENANCE COSTS BY ADDING A NEW PARK. BASICALLY, THE CITY COMMISSION DECREASED REVENUE AND INCREASE OUR EXPENSES.

CURRENTLY, THEY WANT TO DECREASE THE RATE AGAIN DESPITE THE ADVICE OF THE CONSULTANTS AND WHAT WE PAID ON HOW TO SUSTAIN A SUSTAINABLE BUDGET. FINALLY WE COME TO TONIGHT WHERE THE PROPOSAL IS ONCE AGAIN, WITH THE ONGOING MAINTENANCE COSTS, NO PROPOSAL ON HOW TO PROVIDE THE NECESSARY REVENUE TO ASSUME THE COST. OR REMOVING SOMETHING ELSE FROM THE BUDGET, IT'S NOT SUSTAINABLE AND I WILL LET THE CITY COMMISSION SAY HOW THEY WILL FUND THIS.

BUT I DO THINK IT'S A GREAT IDEA.

>> THANK YOU. I WILL SUPPORT THIS.

I THINK IT IS A VERY GOOD USE OF TAXPAYERS DOLLARS.

THIS IS A WELL USED BOARDWALK, ONE THAT I HAVE USED AND RUN ACROSS ON MY MARATHON TRAINING ROUTES.

THIS IS A BOARDWALK THAT WE MUST HAVE STAY IN EXISTENCE.

I WANT TO REITERATE WHAT I SAID EARLIER.

I AM OPPOSED TO TAX INCREASES. I WILL NOT INCREASE TAXES.

WE CAN DO BOTH. WE CAN BUDGET SO WE CAN FUND THIS BOARDWALK AND WE WILL NOT RAISE TAXES.

>> I RESPECT EVERYTHING COMMISSIONER ROSS JUST SAID.

YOU ARE RIGHT. THE TASK BEFORE THIS BODY, WE WILL HAVE TO FIGURE THIS OUT. FELLOW COMMISSIONERS, WHEN THIS ISSUE FIRST CAME UP, YOU REMEMBER THE E-MAILS WE RECEIVED FROM THE PEOPLE WHO RECEIVED AND USE THIS BOARDWALK.

IT WAS EASILY 30-40 E-MAILS. THE PROBLEM THAT EXISTS, THE

[00:55:01]

EITHER WE HAVE A WALKWAY THAT IS AN AMENITY FOR THE CITIZENS OF FERNANDINA BEACH AND WE FIGURE OUT THE BUDGET OR WE COULD THEM

INTO DEMOLITION. >> I THINK IT IS A GREAT THING TO HAVE AND I SUPPORT IT, BUT YOU CANNOT KEEP TAKING ON NEW RESPONSIBILITIES, AND NOT FIGURING OUT HOW YOU WILL BRING IN REVENUE. WE HAD A WORKSHOP LAST MEETING I BELIEVE. A LOT OF THINGS.

EVERYTHING WAS CUTTING FEES CUTTING TAXES.

WE WANT TO DO ALL OF THOSE THINGS, I GET THAT.

BUT I AM SAYING, I GREW UP WITH LYNDON JOHNSON, YOU HAVE TO FUND THIS BECAUSE YOU CAN'T HAVE BOTH.

I AGREE WITH THE COMMISSIONER. THIS SHOULD BE FUNDED.

ALL I AM SAYING IS WE CANNOT CONTINUE TO KEEP OUR TAX RATE FLAT AND NOT GET NEW REVENUE AND ADD NEW PROJECTS.

IF YOU WANT TO PAY FOR THIS YOU HAVE TO COME UP WITH A REVENUE SOURCE. JUST SAYING YOU WILL BE MORE EFFICIENT IS BALONEY. YOU NEED MORE MONEY.

THAT IS A SIMPLE THING. YOU MAY HAVE A BROKEN DOWN SHED IN THE BACK BUT IF YOU CAN'T FIX IT, YOU HAVE TO TAKE IT DOWN.

WE CANNOT GO ON THE COURSE WE ARE GOING ON, ADDING NEW PROJECTS AND NEW IDEAS, AND FUNDING WITHOUT MAINTAINING THE FUNDS AT THE SAME TIME. WE CANNOT DO IT.

WE SPENT $50,000 TO GET THAT MESSAGE.

WE TOTALLY IGNORED IT. >> VICE MAYOR.

>> WE HAVE NOT SEEN THE BUDGET OR THE CAPITAL IMPROVEMENT PLAN WHICH WE WILL NOT SEE UNTIL WE SET -- THERE WILL BE MASSES OF MONEY AND WE WILL HAVE TO LOOK AT IT AND MAKE DECISIONS.

THAT INCLUDES OPERATIONAL COSTS. THAT IS NOT JUST CAPITAL IMPROVEMENT. WE ARE IN TROUBLE BECAUSE WE CUT CAPITAL IMPROVEMENT OVER THE YEARS.

WE KEEP DEFERRING THING SO WE HAVE TO MAKE HARD DECISIONS.

WE ARE LUCKY BECAUSE WE GOT A WINDFALL OF $5.3 MILLION WHICH IN FACT, WILL BE BASICALLY $2 MILLION.

BUT THAT DOESN'T COVER A LOT OF OTHER THINGS.

THIS PARTICULAR WALKOVER WAS BUILT WHERE A ROAD SHOULD HAVE BEEN BILLED TO SAVE THE ENVIRONMENT.

WE WOULD MAINTAIN THE ROAD AS WE BUILT IT.

I HAVE NO PROBLEM WITH THIS. WE DON'T KNOW WHAT WAS SAID.

WHICH IS GOING ON ASSUMPTIONS. WE WILL SEE WHAT IT IS.

>> I HAVE A COMMITMENT AND WE WILL VOTE FOR THIS OTHERWISE I

THINK IT IS A RESPONSIBLE. >> THANK YOU SIR.

I ALSO THINK WE ARE HEADED IT'S ALSO UNDER CONSIDERATION.

IN FACT COMMISSIONERS, I PLACE THAT ON THE NEXT WORKSHOP FOR DISCUSSION. IF YOU WANT TO PURSUE THAT AND GET IT ON THE BALLOT, YOU HAVE TO START WORKING ON IT NOW.

I WILL SUPPORT THIS, AND IT IS OUR JOB TO FIGURE OUT THIS.

WITH THAT SAID, MADAME CLERK WILL YOU CALL THE VOTE.

>> COMMISSIONER ROSS. >> THAT PASS 4-1.

[7.2 CONSERVATION LAND PURCHASE - KETCH COURT - RESOLUTION 2021-96 APPROVING A PURCHASE AND SALE AGREEMENT WITH SURF HOME BUILDERS, INC. FOR THE CONSERVATION LAND PURCHASE OF LOT 116, KETCH COURT, BLANKETED IN WETLANDS LOCATED NEAR EGANS CREEK GREENWAY; AUTHORIZING EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE.]

>> ITEM SEVEN-POINT TO CONSERVATION LAND PURCHASE,.

[01:00:06]

>> THIS IS A PARCEL IN THE SUBDIVISION.

THIS PARTICULAR PARCEL, WHEN THE OWNER OF THE PARCEL WHO DEVELOPS SINGLE HOMES CAME TO THE CITY TO FIND OUT WHAT THEY COULD DO WITH THE PROPERTY AND GET BUILDING PERMITS WAS TOLD THAT YOU HAVE TO GET A SURVEY. THE PLANNING DEPARTMENT GETS THAT TO THE MAP WHICH HAS THE WATER DISTRICT, AND THAT IS THE BEST GUESSTIMATE OF WHERE THE WETLANDS ARE PRESENT BASED ON THEIR MAPS AND MODELS. FROM THAT CITY STAFF WILL TAKE THE INFORMATION SAY YOU NEED TO GET A SURVEY FROM YOUR OWN EXPERT TO KNOW EXACTLY WHERE THE WETLANDS ARE.

THAT WAS DONE BY THE PROPERTY OWNER AND FOUND THAT EVERYTHING ON THE PARCEL WAS WETLANDS EXCEPT 125 SQUARE FEET.

AND I THINK WE KNOW YOU CAN'T BUILD THINGS AND HAVE PARKING WITH THAT. WITH THAT BEING SAID IN FLORIDA, I KNOW I HAVE TALKED TO YOU INDIVIDUALLY.

AND WE HAVE CASE LAW. I THINK THAT PUTS THE CITY IN JEOPARDY WHICH IS A PROCESS OF NOTICE.

IF WE THEY ATTRACTED -- CONTRACTED ME AND THEY SAID THEY WOULD MAKE THE CLAIM. THOUGH BERT HARRIS ACT IS FLORIDA STATE ONLY. IT IS VERY MUCH A PRO- PROPERTY RIGHTS LAW THAT WAS PASSED IN THE 1980S SO THAT ANY GOVERNMENT REGULATIONS THAT PUT A BURDEN ON THE PROPERTY OWNER, THEY COULD MAKE A CLAIM FIRST BY NOTIFYING AND WRITING, IT USED TO BE 150 DAYS THAT THEY HAD TO PROVIDE NOTICE BEFORE THEY COULD MAKE A CLAIM, AND WE HAD THAT TIME TO NEGOTIATE AND NOW THEY HAVE REDUCE THE NUMBER OF DAYS AND I THINK THAT IS 90 AS OF THIS YEAR. THAT PUTS THE CITY INTO A BIND BECAUSE THAT GIVES US 90 DAYS TO NEGOTIATE A PRICE.

THE PROBLEM WITH THESE TYPES OF CLAIMS IS NOT JUST THE VALUE OF THE PROPERTY, IT'S TO BUY THE LOT FOR $116,000 THROUGH THE ATTORNEY, THAT IS WHAT THEY PAID FOR THE PARCEL.

THERE IS AN ADDITIONAL, $40,000 IN COSTS AND ATTORNEY FEES TO DATE THAT THE PROPERTY OWNER HAS SHOWN, AN ITEMIZED LIST AND THAT WOULD BE SOMETHING THE CITY WOULD HAVE TO PAY IF WE GOT INTO ONE OF THESE CLAIMS IF A JUDGE DECIDED THAT AND THE COURT COULD ADD OTHER FEES IF WE WANT THIS TYPE OF THE CASE.

I FEEL LIKE BASED ON CASE LAW IT WAS TOO RISKY AND EXPENSIVE AND THE CITY'S INSURANCE COMPANY WHO DEFENDS US ON A LOT OF THESE THINGS DOES PAY FOR THE CITY DEFENSE ATTORNEY COSTS ONLY IF THERE'S A CLAIMANT WE HAVE TO SETTLE IT FOR THE COST OF BUYING THE PROPERTY. THE CITY WOULD HAVE TO PAY THE NO INSURANCE COVERAGE. WE RECOMMEND APPROVAL I KNOW I HAVE ONE THAT WAS DISCUSSING HOW THIS IS NOT A GOOD CASE WE WERE MAKING A MISTAKE I RESPECTFULLY DISAGREE WITH THE CITIZEN AND I DON'T THINK WE HAVE THAT TYPE OF A CLAIM.

THE WAY I ADDRESS THIS IT WILL BE BEFORE THERE IS A CLAIM AND STAFF WILL PUT ME ON NOTICE WHEN THEY FIND A PROPERTY LIKE THIS THAT CAN'T BE DEVELOPED DUE TO THE WETLANDS.

AND WE WILL GO FROM THERE. THIS IS COMING OUT OF THE

CONSERVATION TRUST FUND. >> I SECOND IT BUT I WANT TO MAKE AN AMENDMENT. IT IS EXHIBIT A THAT THE TAX ID NUMBER IS CORRECTED TO READ 0031 --

>> I HAVE OF MOTION AND THE SECOND.

DISCUSSION, COMMISSIONER ROSS, AND COMMISSIONER STURGIS.

[01:05:04]

>> I THINK THIS IS A SLIPPERY SLOPE.

WE TALKED ABOUT BUYING LANDS FOR CONSERVATION IF THEY ARE WETLANDS, IF THEY HAVE LEGAL ACTION TO DEVELOP IT.

I DON'T KNOW IF THERE IS GOOD. ANYTIME YOU GET A LAWSUIT TO DEVELOP IT IS DEFINITELY TRICKY, BUT ONE THING I DO KNOW, THE CONSERVATION BUDGET WILL NOT GO OUT AND BUY ALL OF THESE LOTS.

I DON'T THINK THAT WILL HAPPEN. I DON'T KNOW WHAT THE PLAN OF ACTION IS, IT MAY BE DEFINED FOR THIS PARCEL BUT I THINK THIS IS A SLIPPERY SLOPE. THAT IS ALL I HAVE TO SAY.

>> THANK YOU. THIS IS ONLY RIGHT AND JUST.

BEFORE I WAS ON THE COMMISSION, WE TOLD THIS PROPERTY OWNER HE COULD NOT BUILD ON THE LAND. WE HAVE ESSENTIALLY TAKEN THE LAND ALREADY BUT I SAY YOU CANNOT USE IT TO THE FULLEST.

THAT BEING SAID, THE ONLY RIGHT THING TO DO IS TO PURCHASE THE LAND FROM THEM. THAT IS THE BEST THING TO DO FOR

PRIVATE PROPERTY RIGHTS. >> COMMISSIONER STURGIS YOU

TURNED YOUR LIFE BACK ON. >> I NEED TO SPEAK AGAIN.

>> I AGREE WITH BRADLEY. THEY SHOULD BE ALLOWED TO DEVELOP IT OR THE CITY SHOULD BUY IT.

IT IS A SLIPPERY SLOPE. WE WON'T HAVE UNLIMITED LAND TO BUY THE LOT SPIRIT WE WILL HAVE TO COME UP WITH DIFFERENT FUNDING TO BUY ALL OF THESE THINGS.

THE MISSING FUNDING THAT CHIP IS TALKING ABOUT.

I CAN MENTION AT LEAST 15-20 LOTS LIKE THIS.

YOU LINE THEM UP AND YOU ARE TALKING MILLIONS OF DOLLARS.

IT IS JUST A SLIPPERY SLOPE. >> COMMISSIONER ROSS.

VICE MAYOR? >> I THINK WHAT DAVID SAYING IS INTERESTING. WE OBVIOUSLY KNOW WHERE THIS IS.

MAYBE WE WILL WAIT UNTIL THEY COME TO US.

>> WE HAVE NOT HEARD FROM THEM OR THE EFFORTS TO CONTACT THEM.

I THINK COMMISSIONER ROSS HAS TRIED TO CONTACT THEM BUT THEY

ARE NOT RETURNING PHONE CALLS. >> I THINK WE SHOULD BE SERIOUS ABOUT LOOKING AT OUR OPTIONS AND NOT JUST WAIT FOR THEM TO COME

TO US. >> IF THE CITY COMMISSION WANTS TO, IT IS VERY EARLY IN THE DEVELOPMENT PROCESS OR WHERE AN ENGINEER OR ARCHITECT HAS TO COME TO THE CITY AND SAY WE OWN THIS PROPERTY. IT IS NOT LIKE, WE WILL BE IN DANGER OF HAVING LOTS OF EXTRA COSTS BUILT ON.

ESPECIALLY IF WE BUY FOR WHAT SOMEONE PAID FOR, WE WILL NOT BE ABLE TO AVOID IF THEY PAY FOR A PROPERTY, PAYING AT LEAST THE

COST THEY PAID FOR THE PROPERTY. >> I THINK IT IS A BIG PROBLEM.

WE SHOULD AGGRESSIVELY LOOK FOR AN ANSWER AND DO WHAT WE CAN DO, WHETHER IT IS ENCOURAGING CONSERVATION EASEMENTS.

>> I WILL JUST SAY IT PUBLICLY. IF IT COVERS AN ENTIRE PROPERTY, YOUR PROPERTY TAX LIABILITY WOULD BE 0.

>> IT TURNS OUT THERE ARE 1300 VACANT PARCELS IN THE CITY.

IT ALSO TURNS OUT THAT OF THOSE, 32 HAVE WETLANDS ON THEM AND IDENTIFIED BY THE PROPERTY APPRAISER.

I WILL.OUT THIS PROPERTY WAS NOT ONE OF THOSE PROPERTIES.

WHEN YOU GO TO THE MAP IT DOES NOT SHOW UP AS FAT.

OF THOSE WETLANDS, 32 OF THEM, FOUR ARE OWNED BY THE GOVERNMENT AND FOUR ARE VACANT. I AM ALREADY WORKING ON HOW TO

[01:10:02]

FIX THIS. >> THAT IS DOUBLE THE NUMBER

THAT I SAID. >> A LOT OF THESE,.

>> SHOULD I GO AHEAD, AS A FIRST STEP THINKING ABOUT AUGUST OR WAIT UNTIL AFTER THE BUDGET, WHERE WE HAVE A PRESENTATION ON HOW MANY WATTS THERE ARE, HOW MANY ARE WETLANDS?

>> OF PROBLEMS ARE UNTIL YOU HAVE SOMEONE WITH BOOTS ON THE GROUND AND DOES IT, YOU DON'T KNOW.

I PUT IN A PHONE CALL. WE ARE SUPPOSED TO COME UP WITH THIS WONDERFUL THING TO IMPROVE OUR ALLEVIATION.

WE HAVE NOT HEARD BACK FROM THEM.

WE DON'T KNOW WHERE THEY ARE IN THAT PROCESS.

A LOT OF THESE YOU DON'T KNOW, JUST HAVING WETLANDS ON THE LOT DOES NOT MEAN IT'S NOT DEVELOPABLE.

THE ONLY ONE DRAFTED BY ARE THE THEY CAN DO NO DEVELOPMENT ON.

THAT IS PROBABLY A SMALL PERCENTAGE OF THE LOTS.

I THINK WITH MORE DATA, WHICH I INTEND TO PURSUE, WE CAN HAVE A GOOD ANSWER AT THIS POINT. THAT BEING SAID I WILL VOTE FOR

ACCEPTING THIS. >> WE WILL IN A FEW MONTHS TALK ABOUT THE WORKSHOP. IF YOU WOULD LIKE.

BUT LIKE COMMISSIONER ROSS SAID, IT WOULD BE AGHAST.

>> THE ENTIRE DISCUSSION HAS BEEN LOST DUE TO COVID BECAUSE IF YOU WILL RECALL, PRIOR TO YOUR ELECTION THE CITY WAS GOING TO PUT A REPRIMAND HIM ON THE BALLOT.

THE COUNTY WAS GOING TO HAVE A REPRIMAND HIM AND THE SCHOOL BOARD. ALL THREE OF THOSE DIED BECAUSE OF COVID AND WE HAVE NOT READDRESSED.

CONSERVATION IN GENERAL IS SOMETHING WE NEED TO REVISIT.

WITH THAT MADAME CLERK, WILL YOU CALL THE VOTE.

(ROLL CALL). THAT MOTION PASSES 5-0.

>> GIVEN THE NUMBER OF SPEAKERS I HAVE MARKED THIS, GIVEN THE LENGTH OF CONVERSATION, AND WE HAVE BEEN SITTING FOR TWO HOURS 15 MINUTES, BEFORE I CALL A RECESS I WANT TO HAVE OUR DISCUSSION ON WHAT WE WILL DISCUSS IN DEBT.

>>> WE ARE BACK IN SESSION. WE ARE ON ITEM 7.3, THE LEASE

[7.3 LEASE - ATLANTIC SEAFOOD - RESOLUTION 2021-97 ACCEPTING THE GENERAL LEASE TERMS FOR A NEW THIRTY YEAR LEASE WITH ANNE COONROD FOR ATLANTIC SEAFOOD; AUTHORIZING NEGOTIATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.]

I ASKED THE CITY MANAGER TO GIVE US THE BACKGROUND OF HOW THIS LEASE PROPOSAL CAME TO BE ON THE AGENDA.

THE HISTORY OBJECT AND THE DETAILS.

CITY MANAGER IF YOU WILL DO THAT, THE COMMISSIONERS WILL HEAR THE PUBLIC COMMENTS. CITY MANAGER, YOU HAVE THE

FLOOR. >> THANK YOU MR. MAYOR.

JUST A QUICK SUMMARY OF THE HISTORY THE CURRENT LEASEHOLDERS HERE. THE LEASE SPICE RACK TO 2008 WHEN THE CITY SIGNED THE LEASE. OUR KEY PROVISION OF SECTION 30 WHICH IS THE LAST SECTION OF THE ENTIRELY SPIRIT THE KEY COMPONENT OF THAT SECTION STATES EXTENSION OF THE CITY BOARDWALK.

THE CITY HAS TALKED ABOUT REBUILDING THE BOARDWALK DOWN THERE. SALT ABOUT 2-3 YEARS AGO SHE APPROACHED THE CITY, AND I KNOW THERE WAS A PERCEPTION THAT THE CITY APPROACHED HER BUT WE APPROACH THE CITY -- BUT THE CITY APPROACHED HER, THE LEASE SAYS, IN THE EVENT ADDITIONAL

[01:15:06]

SOME QUESTIONS ARE WHERE IS THE TERM PROPOSED, WHERE DID YOU COME FROM. I WENT OUT AND SECURED TO APPRAISALS BECAUSE I KNOW THERE WAS A PERCEPTION YEARS AGO THAT THIS WAS A SWEETHEART DEAL. IN ORDER TO ELIMINATE THOSE CONCERNS I GOT A COMMERCIAL APPRAISAL BACK COUNT OF THE PARCELS AS A WHOLE, THEY COULD DIVIDE THE PROPERTY AND HAVE FOUR AND THIRDS. THIS IS LONG SIX MONTHS AGO.

THAT IS WHERE THE $7.50 PER SQUARE FOOT COMES FROM.

THIS IS THE SQUARE FOOTAGE YOU SHOULD CHARGE FOR APPROXIMATELY A 9300 SQUARE-FOOT LOT. SO WE ARE SORRY TO PREPARE A LIST OF TERMS THAT WE COULD PRESENT TO YOU.

THERE IS NO FORMAL LEASE TO PRESENT TO YOU.

THESE ARE JUST THE TERMS, SO IF THEY ARE ACCEPTABLE TO YOU, WE CAN BEGIN THE FORMAL DISCUSSION OF CRAFTING THE LEASE WHICH AND MRS. C WORDS, WOULD PROVIDE ( INDISCERNIBLE ) WITH.

>> WHO CONTROLS WHAT HAPPENS TO THE BUILDING TO ATLANTIC

SEAFOOD, THE ACTUAL STRUCTURE? >> I THINK THAT WOULD BE THE LEASEHOLDER BIRTHDAY DURING THE LEASE.

TEARS THE PARTY LEASING FROM THE CITY PICKED AS THE CITY HAS NO CONTROL OVER WHAT HAPPENS TO THE BUILDING OTHER THAN PERMITTING, OTHER THAN THAT THE LEASEHOLDER HAS FULL CONTROL?

DAD JUST. >> THANK YOU.

>> CAN YOU EXPLAIN A TRIPLE LEASE SO PEOPLE UNDERSTAND.

>> TRIPLE NET LEASE MEANS A PERSON LEASING FROM THE CITY TAKES CARE OF EVERYTHING. ALL OF THE MAINTENANCE REPAIRS AND ANY REPLACEMENTS, INSURANCE AND TAXES.

SHE PAYS TAXES ON IT NOW TOO. ALL OF THE LEASEES AND THE CITY

PAID TAXES ON THEIR PROPERTIES. >> I WILL OUR MARK.

FROM ATTRIBUTING. >> IN THESE TERMS, MY QUESTION IS, IS THE RATE LOCK THERE IN FOR THE FULL LEASE TIME, OR DOES

IT FACTOR IN INFLATION? >> THAT IS A GOOD QUESTION.

OUR PLAN AND RECOMMENDATION TO YOU, WE DIDN'T BRING ENTERED OUR DISCUSSIONS THAT YOU WOULD HAVE A CONSUMER PRICE INDEX

ACCELERATION COSTS. >> THANK YOU PARA.

>> VICE MAYOR, GO AHEAD. >> MY CONCERN IS WE ARE EXTENDING WHICH BASICALLY MOVES INTO AN AREA THAT WE THE CITY COMMISSION HAVE NOT APPROVED THE PLAN FOR.

THIS GETS INTO WHERE WE ARE WITH THE WATERFRONT PLANNING, THE EMINENT DOMAIN, THE OPEN SPACES. WE ARE COMMERCIALIZING LAND AREA WHERE WE HAVEN'T SAID WE WANT TO DO THAT YET.

>> LET'S EXPLORE THAT. >> WITH THAT WE WILL OPEN THE

[01:20:02]

>> TERESA DUNCAN 515 SOUTH FIFTH STREET.

I'VE BEEN A YEARS AND I HAVE FALLEN IN LOVE WITH A FAMILY FRIENDLY SEASIDE TOWN THAT WAS BUILT ON AN INDUSTRY THAT LARGELY DOES NOT EXIST ANYMORE. I AM ALSO A SMALL BUSINESS OWNER DOWNTOWN. I'M GUESSING SOME OF THE THINGS YOU ARE HEARING IS THE LEASE IS NOT FAIR OR THE TERMS ARE NOT AS MARKET. AS A SMALL BUSINESS OWNER I UNDERSTAND THE LEASES, VERY FAIR TO THE CITY BECAUSE TO ASK SOMEONE TO SIGN A LEASE FOR 40 YEARS ON A BUSINESS, THAT IS LARGELY JUST TO PRESERVE THE HERITAGE OF THE TOWN.

WE KNOW THE SEAFOOD BUSINESS ON THE WATERFRONT IS NOT HIGHLY LUCRATIVE BUT IT IS IMPORTANT TO THE HERITAGE HERE IN THE CITY.

WHEN YOU GUYS ARE THINKING ABOUT THE LEASE AND VOTING ON THE LEASE YOU NEED TO REMEMBER TO COMMISSIONER KRUGER'S POINT THAT , THERE'S SO MUCH THERE THAT JUST THE LEASE.

YOU ARE MAKING A COMMITMENT TO MOVING FORWARD ON A WATERFRONT THAT WE CAN BE PROUD OF AND TO PRESERVE WHAT LITTLE IS LEFT OF THE FISHING AND TO REMEMBER THAT MRS. K HAS BEEN A WONDERFUL PARTNER TO THE CITY AND PUT THE CITY FIRST.

YOU HAVE A WATERFRONT PARK WITH THIS PLACE AVAILABLE AND WHAT BETTER USE THAN TO HAVE SOMEONE WHO IS SO EMBEDDED IN THE COMMUNITY THAT HAS A BUSINESS THAT REFLECTS THE CITY.

I ENCOURAGE YOU GUYS TO CONTINUE TO WORK WITH HER FAMILY AND DO WHAT IS NECESSARY TO PRESERVE AND TO GROW IT ON THE

WATERFRONT. >>> MR. GLENN S.

>> GOOD EVENING. >> 38,471ST AVENUE FERNLEY THE BEACH. I AGREE WITH WHAT SHE SAID, BUT THERE ARE SOME THINGS THAT CONCERN ME.

I DO NOT BELIEVE THERE HAS BEEN SUFFICIENT OR DEMONSTRATED REPRESENTATION OF THE PROPERTY EQUITIES IN THIS.

IT IS NOT ANY GOVERNMENTS JOB TO ENSURE FINANCIAL VIABILITY OF ANYBODY. THAT'S NOT THE GOVERNOR'S JOB.

SOMEONE PREVIOUSLY SAID THAT. IS NOT THE GOVERNMENTS JOB TO SET UP A SINGULAR BUSINESS. NOTHING WRONG WITH ATLANTIC SEAFOOD I'D LOVE IT. HOPE THEY MAKE MONEY.

BUT, IT IS NOT ABOUT GOVERNMENTS, STATE, COUNTY OR FEDERAL GOVERNMENTS JOB TO ENSURE FISCAL VIABILITY AND SUBSIDIZE A BUSINESS. THE EQUITY IS YOU GENTLEMEN REPRESENT ARE THE EQUITIES OF THE TAXPAYER, NOT A PRIVATE BUSINESS. THAT'S NOT AN EPIPHANY.

THERE'S AN OBLIGATION TO CREATE EVIDENCE THAT DEMONSTRATES THE EQUITIES YOU REPRESENT. NOT THE EQUITIES OF THE BUSINESS THE UNDERLYING ISSUE DISCUSSED PREVIOUSLY, THE CITY COUNCIL IS VENTURING INTO URBAN PLANNING. VERY FEW CITIES ARE EQUIPPED PROPERLY TO DO URBAN PLANNING, THEY DON'T DO IT WELL.

THAT IS NOT A HIT ON YOU GENTLEMEN, THAT IS ON EVERYONE.

I'M NOT SEEING YOU GUYS ARE NOT GOOD PEOPLE BUT PEOPLE COME FROM DESPERATE AND DIFFERENT BACKGROUNDS.

I'M GOING TO GUESS THAT'S NOT THE EXPERTISE OF MOST SMALL CITIES. ON A SEPARATE ISSUE WE TALKED ABOUT FISCAL RESPONSIBILITY AND THE TAXES.

A LOT OF THE CONVERSATION I FIND DISINGENUOUS, DEMONSTRABLE EVIDENCE, PEOPLE ARE BROUGHT FORTH PLENTY OF IDEAS ON HOW TO BALANCE THE BUDGET AND BRING THINGS WHERE YOU CAN CUT THEM.

I WOULD TAKE THIS CONVERSATION MUCH MORE SERIOUSLY IF THE MOTION WAS JUST AS STRONG AS HOW TO CUT COSTS AS TO RAISE EXPENDITURES. TWO WEEKS AGO, YOU WERE TRYING TO TAKE AWAY A PIECE OF PROPERTY WHICH WAS EXTREMELY EXPENSIVE BENTONITE YOU DISCUSSED YOU CANNOT MAINTAIN A BOARDWALK WHICH I AGREE WITH. YOU HAVE YET TO DEMONSTRATE THE DIFFERENCE BETWEEN UNDERSTANDING NEEDS AND WANTS RIGHETTI TO MAINTAIN THE THINGS THE CITY OWN.

WE ARE NOT. THE COMMISSION WAS ABSOLUTELY CORRECT, WE ARE NOT MAINTAINING THOSE.

WE TAKE ON THE THINGS WE WANT TO DO.

[01:25:02]

>> I AM ONE OF THE CITIZENS THAT DON'T QUITE UNDERSTAND HOW THIS WORKED OUT THAT THERE WAS NO BIDDING, IS NOT THAT I THINK SOMETHING IS BACKHANDED, AS AN AVERAGE CITIZEN I WOKE UP AND SAID WE HAVE ANOTHER DEAL. I CAN'T FIGURE THIS OUT WHY IS THIS NOT OPEN TO BIDDING DO WE REALLY NEED TO RENEW THE LEASE IS NOT CLEAR THERE'S NO CLARITY TO WHAT THIS IS BREAKING.

NOT OPENING TO BIDDING AND HAVE AN EXCLUSIVITY I DON'T

UNDERSTAND WHAT THAT IS. >> CAN WE ANSWER THAT QUESTION CORRECT STAND CITY MANAGER CHIME IN.

WHEN WE TALK ABOUT A BOARDWALK, AS THE BUILDING SETS, IT BLOCKS THE NORTHERN BOARDWALK FROM THE SOUTH.

YOU HAVE TO WALK AROUND. THE RIVERFRONT PLANS ARE TO MAKE IT CONTINUOUS SO YOU CAN WALK FROM NORTH TO SOUTH.

IN ORDER TO DO THAT, ATLANTIC SEAFOOD BUILDING WOULD HAVE TO MOVE EAST. SECTION 30, THAT THE CITY MANAGER READ, IF WE ASKED THE LEASEHOLDER TO MOVE THE BUILDING, UP. SHE HAS THE ABILITY TO RENEGOTIATE THE LEASE BECAUSE WE ARE RELOCATING THE BUILDING.

THAT WAS THE IGNITER FOR ALL OF THE NEGOTIATIONS.

DID I ARTICULATE THAT CORRECTLY? SANCHEZ WE WOULD LIKE TO SEE THE LEASE AGREEMENT ON THE PLAN. THE CURRENT LEASE KICKED IN,.

>> I THINK AGAIN, THE CLARITY OF WHAT IS HAPPENING IS NOT THERE.

>> TO YOUR POINT, I AGREE, WE ARE GOING FROM 1250 TO 9,000 FEET. YOU ARE EXPANDING SIGNIFICANTLY AND THAT HASN'T BEEN OPEN TO ANYONE ELSE.

I WILL GET TO IT LATER, WE HAVE NOT DECIDED TO DO ANYTHING.

>> WITH THAT JULIE FERRERA. THIS IS EXPANDING THE FOOTPRINT OF ATLANTIC SEAFOOD. I'M CONFUSED BECAUSE, ONLINE IT SAYS WE ARE DISCUSSING A 40 YEAR LEASE AND ON HERE BECAUSE A 30

[01:30:01]

AT THE END OF 40 YEARS WITH THE POSSIBILITY OF 40 MORE YEARS OF DATE WE COULD END UP WITH A SIMILAR SITUATION THAT WE MAY END UP WHERE WE HAVE A BUILDING, THE CITY INHERITS IT BUT IT NEEDS TO BE TORN DOWN. I THINK THAT IS A PROBLEM, AND WE SHOULD CONSIDER IT. I ALSO DO NOT THINK, I AGREE WITH THE COMMISSIONER KRIEGER, BUILDING A BUILDING THE SAME SIZE AS THE CURRENT BUILDING IS IN A PROBLEM, EXPANDING IT TO 9,000 SQUARE FEET WITHOUT ANY INPUT BY CITIZENS I THINK IT'S A PROBLEM. I DON'T THINK THE CITIZENS OF OUR TOWN WANTS TO SEE A COMMERCIALIZED 9,000 SQUARE-FOOT BUILDING. I ALSO BELIEVE THAT, AS FAR AS THE HERITAGE, ATLANTIC SEAFOOD HAS A LONG HERITAGE AND THAT SHOULD BE RESPECTED. I LOVE THE CURRENT BUILDING.

I'D LOVE IT. BUT I DO NOT BELIEVE A RESTAURANT IN A BAR, ADDED TO BEING ABLE TO SELL SEAFOOD, RESPECTS OUR HERITAGE. I ALSO THINK THAT, WHAT IS NOT BEING CONSIDERED IS THE BUILDINGS WILL BE IN THE CRA.

OUR CURRENT GUIDELINES SAY, THERE'S NO BUSINESS OR EXPANSION THAT DOESN'T HAVE TO PROVIDE PARKING.

WE ALWAYS HAVE PARKING PROBLEMS DOWNTOWN.

NOW WE ARE ADDING 89,000 SQUARE-FOOT RESTAURANT BAR AND OTHER THINGS, AND WE DON'T HAVE, NO ONE HAS TO PROVIDE ANY PARKING. TO ME, THAT IS A PROBLEM.

I ADVOCATED FOR 19 YEARS THAT OUR WATERFRONT REFLECT OUR HISTORY, AND IT REALLY RESPECTS THE WATERFRONT, THE WORKING WATERFRONT OF OUR COMMUNITY, AND PART OF THIS BEHIND THE SCENES THING THAT IS GOING ON, WITH POSSIBLE PEOPLE BUYING THE LEASE, THE 231 BUILDING WAS THROWN INTO THAT.

I THINK RIGHT NOW, WE NEED TO LOOK AT THE WATERFRONT, WE HAVE A NEW SITUATION, WE NEED TO LOOK AT THE WATERFRONT WITH A NEW VISION AND NOT MAKE DECISIONS FOR 9,000 SQUARE-FOOT BUILDINGS

AT THIS TIME. >> I HAVE A CLARIFICATION FOR THE CITY MANAGER. IT'S NOT 9,000 SQUARE-FOOT.

IT IS A PARCEL WHICH THE BUILDING CAN BE PUT ON.

>> THERE HAS BEEN NO PROPOSAL BEEN SUBMITTED OR DISCUSSED

IDEALS WITH THE SQUARE FOOTAGE. >> IT IS JUST THE LOCK.

>> YOU CANNOT PUT A 9,000 SQUARE-FOOT BUILDING ON A 9,000

SQUARE-FOOT LOT, AM I CORRECT? >> CORRECT.

>> TWO OTHER POINTS OF CLARIFICATION.

IN A LEASE EXTENSION, YOUR PLAN IS TO TURN THE LEASE OVER TO ERNIE, YOU ARE IN TALKS WITH THAT, IS THAT CORRECT?

>> SO, THAT WOULD BE THE NEW LEASEHOLDER, IN THE EVENT AN EXTENSION WAS GRANTED. AS FAR AS SPOKE TO 31 BUILDING, THAT IS TOTALLY OFF OF THE TABLE.

THERE IS, THERE ARE NO PLANS AND NO INTEREST IN MOVING THE

BUILDING TO THIS PARCEL. >> THAT IS CORRECT.

THERE'S NO INTEREST IN RELOCATING THE BUILDING FOR THIS

USE. >> ORIGINALLY THAT WAS THE INTENT BUT AFTER AN INSPECTION OF THE BUILDING, THAT INTEREST

WAS LOST. >> YOU WOULD PROBABLY HAVE TO TALK TO HIM. ON THE PRINTED AGENDA IT DOES REFERENCE A 30 YEAR LEASE. IT IS A 40 YEAR LEASE WITH TWO

[01:35:03]

>> OUR NEXT SPEAKER IS LISA FINKELSTEIN.

>> WELCOME BACK. >> THANK YOU, IT IS GOOD TO BE BACK. I AM HERE SPEAKING ON BEHALF OF THE MAINSTREET BOARD OF DIRECTORS.

WE ARE SUPPORTING NEGOTIATIONS BETWEEN THE CITY, TO KEEP THIS BUILDING ON THE WATERFRONT. WE THINK IT IS AN ICONIC DOWNTOWN BUILDING THAT NEEDS TO LOCATE -- RELOCATE, ALONG THE WATERFRONT AND THE INTERSECTION OF ASH AND FRONT STREET.

WE WOULD LIKE TO MAKE SURE THAT HAPPENS AND OF BUSINESS CAN CONTINUE AS IT IS AN IMPORTANT PART OF THE DOWNTOWN AREA.

>> RELOCATION ON THE WATERFRONT NEAR THE ORIGINAL LOCATION DOES SET THE TONE FOR THE FUTURE DEVELOPMENT OF THE WATERFRONT.

WE ACKNOWLEDGE IT IS A WORKING WATERFRONT AND IT HAS BEEN A WORKING WATERFRONT. WE THINK WOULD BE ATLANTIC SEAFOOD BEING THERE IT'S A RETAIL OUTLET.

IT DOES CONNECT THE RESIDENTS AND VISITORS TO THE HISTORY OF DOWNTOWN FERNANDINA BEACH. THE PROJECT THIS IS ABOUT REFERENCE WAREHOUSE, I KNOW IT HAS BEEN DISCUSSED AS PART OF THE PROJECT. I KNOW THERE ARE TIMING ISSUES BUT THE STRUCTURE RIGHT NOW, IF ANYONE LOOKS AT IT, PICTURES TAKEN FROM THE IT HAS BEAUTIFUL BEAM WORK AND WINDOWS AROUND IT.

IT HAS BEEN VERY WELL PRESERVED, SO, THE RECENT WATERFRONT PLANS DO HAVE TO INCLUDE SOME TYPE OF A VOCATION.

THAT'S NOT A NEW THING. THE CRA, THE GOAL IS TO PROMOTE DEVELOPMENT AND FUNDS TO REINVEST IN THE AREA WHICH IS A BENEFIT TO ALL OF THE CITIZENS OF THE CITY.

IN OUR OPINION, WE HAVE A CHANCE TO SAVE A BUILDING AND AN OPPORTUNITY TO SHOW EVERYONE THE CITY VALUES HISTORIC PRESERVATION AND THEIR HISTORY OF THE CITY AT THE SAME TIME.

I HOPE YOU WILL CONSIDER NEGOTIATIONS ON THE LEASE AND WE WILL SEE WHAT COMES OF THAT. THANK YOU.

>> MARIANNE PHILLIPS. >> MARIANNE PHILLIPS.

I'VE BEEN IN COMMUNICATIONS AND I SAW YOU ON THE STREET MR. MAYOR. I SAW YOU ON THE STREET AND MONITORING WHAT IS HAPPENING ON FACEBOOK, PEOPLE ARE FOR STOCK.

THEY DO NOT WANT TO SEE ATLANTIC SEAFOOD GO AWAY.

I KNOW FOR A FACT BECAUSE I HAVE KNOWN AND FOR MORE THAN 35 YEARS. MIKE'S HUSBAND WORKED THERE.

THERE IS A LOT OF HISTORY OF THE BUILDING.

THIRTY-FIVE YEARS AGO, WHEN MY SON WAS BORN THE BUILDING WAS FALLING APART. I WALKED INTO IT THE OTHER DAY, AND I WILL SAY IT IS BAD. I DON'T WANT TO SEE THE BUILDING GO A WAY BECAUSE IT IS ICONIC. BUT I KNOW THE BUILDING, SOMETHING WILL HAVE TO HAPPEN. IN MY OPINION MY IDEAS TO MOVE THE BELDING, I DON'T LIKE NUMBERS OR ACRONYMS BUT THE WAREHOUSE BUILDING GOOD HOUSE ATLANTIC SEAFOOD.

ONE OF THE THINGS HAPPENING IN OUR TOWN, THEY ARE TAKING AWAY THE SMALL TOWN ATMOSPHERE. PEOPLE MOVE AROUND LOTS OF MONEY. THEY WANT TO BUILD FANCY BUILDINGS AND HOTELS, WE NEED THE WORKING WATERFRONT TO LOOK LIKE A WORKING WATERFRONT. IF THEY MOVE THE BUILDING, TO MAKE IT LOOK LIKE THE ORIGINAL, PAINT IT THE SAME COLOR, I'M TALKING THE SAME BRAD, TAKE THE SIGN OFF AND PUT IT ON THERE, AS

[01:40:05]

THEY WANT OUR MONEY SPENT WISELY.

I COULD SAY A LOT MORE BUT I WON'T.

THANK YOU. >> THAT IN PUBLIC SPEAKING.

ON 743, DO I HAVE A MOTION? >> PAUL, DID YOU FILL OUT A

FORM? >> WE WILL GET IT.

HANG ON A SECOND PERIOD. >> WE WILL LET THE CITY CLERK

CATCH UP. >> I'M GOING TO BE QUICK BECAUSE I WILL NOT REPEAT WHAT OTHERS CONFIRM.

OTHER THAN THE FACT THAT AS A CITIZEN, AND I HOPE MORE CITIZENS WILL COME OUT. NOT ONLY CAN YOU EDUCATE YOURSELF, FROM WHAT YOU GUYS HAVE TO SAY, LISTENING TO MEMBERS OF THE AUDIENCE, I CAME WITH A DIFFERENT DISPOSITION.

LISTENING TO SOME OF THE SPEAKERS, I THINK, EVERYTHING WOULD BE ADJUSTED. BEFORE THINGS HIT THE AISLE, MY CASES, WHEN I TRAVEL IS INDIVIDUAL AS I KNOW MANY CITIZENS TRAVEL, WHEN WE GO TO PLACES WE GO TO PLACES SPECIFICALLY FOR TRANQUILITY. WE WANT TO SEE THINGS THAT ARE STRIKINGLY BEAUTIFUL OR MEMORABLE.

TONIGHT I CAME WITH THE UNDERSTANDING THERE WOULD BE THIS MASSIVE WAREHOUSE THAT GOT MY FIVE GOING.

I DON'T KNOW, BUT WHEN I AM GETTING IS, WE ARE LOOKING TO PRESERVE A SMALL TOWN OF WATERFRONT.

FOR MY TIME ON EARTH I WANTED TO REMAIN THAT WAY.

MY LAST THOUGHT, IF ANYONE IS GETTING ANY MONEY, WE'RE STILL

LOOKING FOR SPONSORSHIP. >> I REQUIRE A MOTION TO HAVE

DISCUSSION. >> I MOVED TO APPROVE.

>> I HAVE A MOTION AND A SECOND TO APPROVE.

>> >> THIS IS COMMERCIALIZING A PRODUCT OF THE AREA, THAT WE HAVE NOT APPROVED FOR DEVELOPMENT IN ANY SHAPE WAY OR FORM.

SO BASICALLY SENSE, WE HAVE FAILED IN MY OPINION TO GO BACK AFTER WE ELIMINATED THE IMMINENT DOMAIN TO LOOK AT WHAT WE WILL DO. BY ELIMINATING THE PROPERTY WE ARE BASICALLY ELIMINATING WHAT WAS OPEN SPACE.

NOT KNOWING WHAT WE WOULD DO. IT IS INCUMBENT ON US TO DO THAT. I'M ALSO CONCERNED AND THEN THEY WILL CHANGE THE LEASE SO THE PUBLIC COULD NOT BRING IN OTHER ENTREPRENEURS. IT IS A SLIPPERY SLOPE AND THE NEXT THING, THE CITY MANAGERS WILL GO WITH OTHERS.

WE HAVE NOT LOOK BAD AND BRETZ ALSO FITS INTO THIS.

[01:45:05]

I AM OPPOSED UNTIL WE DECIDE WHAT WE WANT TO DO AND HOW WE

WANT TO HANDLE THE PROPERTY. >> THANK YOU.

>> CORRECT ME IF I AM WRONG. WHEN THEY DID THEIR PROPOSAL, THERE WAS 9,000 SQUARE FEET OF PROPOSED IN THE PROPOSAL.

OR IS MY MEMORY SHAKY. >> THERE WAS AN ARTISTIC CONCEPT. IN THAT CONCEPT THERE WERE TWO COMMERCIAL BUILDINGS REPRESENTED.

ONE WHICH WAS INTENDED TO BE THE RELOCATED ATLANTIC SEAFOOD.

VICE MAYOR KRIEGER IS CORRECT, YOU DID NOT APPROVE A WATERFRONT PLAN. THIS IS DEALING STRICTLY WITH THE ATLANTIC SEAFOOD LEASE. THE OTHER PORTION, YOU HAVE ONLY APPROVED THE SHORELINE RESILIENCY AND NO OTHER COMPONENTS OF THE WATERFRONT DEVELOPMENT, A PARK, NOTHING HAS BEEN APPROVED. WE WILL WAIT UNTIL WE FINISH THOSE COMPONENTS BEFORE WE COME BACK AND SAY NOW THAT WE HAVE DEMONSTRATED THE SHORELINE STABILIZATION, WHAT IS THE NEXT SPACE. AS WE HAVE TALKED ABOUT, THIS ALLOWS FOR HER TO RENEGOTIATE THE LEASE UP TO AND INCLUDING ADDITIONAL SPACE. IT DID -- IT THEN BECOMES YOUR RESPONSIBILITY TO DECIDE THE TERMS AND CONDITIONS YOU ARE WILLING TO ACCEPT AS PART OF THE NEGOTIATED LEASE.

>> ANYTHING ELSE? >> I THOUGHT THIS WAS PART OF THE DEAL BUT APPARENTLY I WAS INCORRECT.

9,000 SQUARE FEET, I WILL VOTE FOR THIS BUT IT'S PART OF THE NEGOTIATION WHAT ARE THE OTHER OPTIONS AND HOW MUCH IS REALLY PART OF THE PLAN. COME UP WITH A CONCEPT PLAN WITH WHAT WE WILL LEASE. THAT WOULD BE PART OF THE NEGOTIATION. I WOULD LIKE TO HAVE A LEASE HERE. THEY HAVE SIX MORE YEARS.

THE BUILDING IS HELD TOGETHER BY TERMITES AND IS NOT IN GOOD CONDITION. WE HAVE AN OPPORTUNITY HERE, WE HAVE PEOPLE, THIS IS A PRIVATE AND PUBLIC PARTNERSHIP.

EVERYONE SAYS THE CITY IS PUTTING THEIR MONEY INTO IT.

THEY WILL BUILD THE BUILDING. THEY ARE PUTTING THEIR MONEY INTO IT. WE ARE LEASING THEM LAND.

I WOULD LIKE THE CITY MANAGER AND CITY ATTORNEY TO COME UP WITH WHAT THEY WANT TO DO WITH HOW MUCH SPACE AND COME BACK WITH THOSE OPTIONS. SHE'S BEEN A GOOD PARTNER.

THEY HAVE CERTAINLY DONE GOOD THINGS IN THE COMMUNITY.

THIS IS THE TYPE OF THING THAT THE CITY LOOKS FOR.

I THINK, I WILL VOTE FOR THIS TO GO FORWARD.

AND I WANT THE CITY MANAGER AND CITY ATTORNEY TO COME UP WITH

EXACTLY WHAT THEY WANT TO DO. >> SO, FROM A LEGAL PERSPECTIVE.

[01:50:10]

FIRST OF ALL, SHE SAID SHE IS TALKING WITH HIM.

THAT IS BETWEEN THEM. BUT I THINK IT IS INTERESTING AND HELPFUL TO KNOW THAT'S HAPPENING.

A LOT OF TIMES WE DON'T KNOW. TONIGHT, ON THE AGENDA, GENERAL LEASE TERMS. YOU ARE NOT EVEN AGREEING TO A LETTER OF INTENT WHICH IS NOT BINDING ANYWAY.

SHE KNOWS THAT. THE ATTORNEY KNOWS THAT.

IF THIS PASSES TONIGHT, WHAT YOU ARE TELLING US IS TO CONTINUE NEGOTIATIONS AND BRING US A LEASE.

BRING US EVERY TERM AS IF IT IS READY TO BE SIGNED.

IN ADDITION BRING US A PLAN FOR WHAT WILL BE THERE.

THAT IS LEGAL TO DO THAT. YOU CAN MAKE THE LEASE SO SPECIFIC THAT IT'S EXACTLY WHAT WE WANT TO SEE AND WE WILL FIND IT BASED ON THAT AND IT WILL BE BINDING.

THAT IS WHAT WILL HAVE TO BE BUILT.

ASSUMING OF COURSE, ALL OF OUR REGULATIONS AND PERMITS AND ALL OF THAT GO THROUGH. TONIGHT YOU WOULD ONLY BE SENDING A MESSAGE TO THE MANAGER AND MRS. K, CONTINUE AND SHE HAS AN ARCHITECT INVOLVED. THAT'S NOT CHEAP AND THEY ARE SPENDING MONEY TO PUT THE PLANS TOGETHER.

SHE HAS REPRESENTED SHE HAS PUT A COUPLE OF PLANS TOGETHER AND THAT COST A LOT OF MONEY. IF YOU VOTE FOR THIS YOU ARE TELLING US TO SPEND MORE TIME AND MONEY TO COME UP WITH EIGHT LEASE THAT PUTS THE BUILDING SOUTH OF WHERE IT CURRENTLY IS.

AND UP TO 9,000 SQUARE FEET. IF THAT CHANGES LET US KNOW

TONIGHT. >> THANK YOU.

>> I HAVE LISTENED TO A LOT OF THE DISCUSSION.

I THINK NO ONE WANTS TO SEE ATLANTIC SEAFOOD CHANGE IN OUR SMALL TOWN ENVIRONMENT. HOWEVER, IN THE PRELIMINARY LIKE WHAT LYNN MENTIONED, IT WAS JUST A CONCEPT.

I DO REMEMBER HEARING ABOUT BUILDING 231.

THE MAJOR THING WAS TO CREATE IT HISTORICALLY.

BUT IF IT CAN'T BE REMOVED, IF IT IS NOT A GOOD ITEM THAT DOESN'T MEAN ONE THING OR THE OTHER WHETHER YOU GIVE A NEW LOCATION. THE SQUARE FOOTAGE WOULD HAVE TO BE NEGOTIATED BUT EVERY COMMERCIAL LEASE EYES HAVE SEEN RUNS FIXED AND THEN FIVE YEARS AT ADDITIONAL TERMS. I HAVE SEEN OTHER LEASES BUT NEVER ONE FOR 20-30 YEARS COMMERCIALLY. OTHER PEOPLE MAY HAVE SEEN THEM AT OTHER PLACES BUT, REGARDLESS OF BACK, I THINK, WE WOULD NEED TO NEGOTIATE AND COME UP WITH A GOOD LEASE.

OBVIOUSLY THE BUILDING, THE TERMITES ARE THERE.

THERE SOMETHING FROM EVERYONE THAT I HEAR AND ULTIMATELY I THINK, THE BUILDING CAN'T BE SAFE IF WE WANT TO DO OUR SEAWALL AND MOVE FORWARD. I WOULD NEGOTIATE FURTHER, FOR THE 9,000 SQUARE-FOOT LEASE VESSEL LARGE CHUNK THAT YOU COULD PUT A RESTAURANT OR SOMETHING ELSE THERE.

I THINK WE NEED TO LOOK FURTHER WITH WHAT WE WILL DO WITH THE WATERFRONT, THERE SIX MORE YEARS ON THE LEASE.

I'M NOT SAYING THE TERMITES NEED TO HOLD THEIR HANDS THAT MUCH LONGER, I DON'T THINK WE HAVE TO JUMP INTO A LEASE WITHIN THE

NEXT SIX MONTHS. >> YOU ARE CORRECT, IT'S 15 YEARS BUT THAT'S NOT USUALLY WHEN YOU BUILD THE BUILDING.

WHEN WE GET TO THE AIRPORT, WE DID THAT FOR 40 YEARS.

WHEN YOU ARE BUILDING THE BUILDING AND TAKEN IT OVER IT IS DIFFERENT WHEN YOU'RE JUST DOING THE PROPERTY.

I THINK THIS IS A GOOD OPPORTUNITY FOR THE CITY MANAGER AND ATTORNEY TO NEGOTIATE WITH HIM.

LESS THAN 9,000 SQUARE FEET. >> COMMISSIONER.

[01:55:09]

>> THANK YOU, MR. MAYOR. I WANT TO START BY SAYING I APPRECIATE THE BUSINESS AND IT'S THE BEST PLACE TO GET OYSTERS.

WITH THAT BEING SAID, WE HAVE TO MAKE SURE, WE KNOW THIS IS WHAT WE HAVE TO DO. BECAUSE THERE IS TIME LEFT ON THE LEASE, WE MUST ACT AND RENEGOTIATE WE MUST MOVE FORWARD WITH THE NEGOTIATIONS. THE BIGGEST THING I WOULD LIKE TO SEE IS, A CLAUSE FOR CPI TO MAKE SURE WE ENGAGE WITH INFLATION. I DON'T WANT TO END UP IN THE YEAR 2050. IT SEEMS REASONABLE RIGHT NOW BUT THE PEOPLE LATER MADE LAPIDUS IF WE DON'T FACTOR IN INFLATION. WE WANT TO MAKE SURE ATLANTIC SEAFOOD HAS WHAT THEY NEED TO CONTINUE WITH OUR PARTNERSHIP.

>> >> THIS WAS DRIVEN BY A URGENCY AND THE URGENCY WAS THE BUILDING.

THE RELOCATION OF THAT BUILDING WITH THAT SAID ATLANTIC SEAFOOD DOESN'T NEED TO MOVE. THEY DON'T NEED TO MOVE WE HAVE NOT DECIDED WHAT TO DO WITH THE WATERFRONT PARCELS.

THERE HAS BEEN NO DECISION ON WHAT THIS WATERFRONT SHOULD LOOK LIKE. THE HEIGHT RESTRICTION IS WHAT? 45 FEET. 35 FEET.

SO, DO WE WANT A 30-FOOT BUILDING WHERE ATLANTA SEAFOOD RESIDES? DOES THE CITIZENS WALK BACK? OR DO THEY WANT OPEN SPACE? OR, I HAVE GIVEN THIS A LOT OF THOUGHT, THAT PARCEL IS ONE OF THE MOST VALUABLE PARCELS IN THE CITY. THINKING ABOUT THAT.

ONE OF THE MOST VALUABLE PARCELS.

THE DECISION BEFORE THE CITY COMMISSION IS, AND TO COMMISSION ROSS POINT, I WILL BE GENERATED REVENUES? THERE'S ONLY SO MANY WAYS. DO YOU LEVERAGE YOUR VALUABLE PARCELS INTO MONEYMAKING? RIVERFRONT PROPERTY WILL GENERATE REVENUE. THAT IS ONE ARGUMENT TO DO IT.

THE OTHER ARGUMENT IS PRESERVE THE WATERFRONT.

HEAVE THE BUILDING WHERE IT IS. I DON'T KNOW IF SHE WANTS TO REBUILD IT OR FIX IT OR MR. S. WANTS TO FIX IT, BUT THE REALITY IS, THE BOARDWALK, WE CAN ALWAYS DO THAT LATER.

WE DON'T HAVE TO DO THIS TONIGHT.

WE DO NOT HAVE TO RUSH INTO THIS.

WE ARE RUSHING. THIS IS TOO IMPORTANT OF THE DECISION TO RUSH INTO A BOAT TO DO THIS TONIGHT WITHOUT CONSIDERING ALL OF THE RAMIFICATIONS THAT GO ALONG WITH IT. I WILL NOT SUPPORT THIS.

THERE'S TOO MUCH AT STAKE. THERE'S TOO MANY DECISIONS TO BE MADE. IT DOES NOT HAVE TO BE DONE NOW.

THAT IS MY POSITION ON IT. I WILL NOT SUPPORT THIS.

NOT THAT I WON'T SUPPORT YOU. I JUST THINK IT NEEDS MORE THOUGHT AND CONSIDERATION. COMMISSIONER ROSS.

>> AVENUE PROP. MY CAN.

-- I HAVE A NEW PRODUCT. MY CAN.

WE ARE NOT COMMITTING TO THIS, BUT WE DO HAVE A PRIVATE/PUBLIC PARTNERSHIP AND WE ARE WILLING TO COME UP WITH THE DEAL.

[02:00:02]

WE ARE NOT RUSHING INTO ANYTHING.

THIS HAS BEEN GOING ON FOR 20 YEARS.

>> 36. >> 36 YEARS.

I THINK IT IS TIME WE HAVE SOMEONE BRING FORTH THE PROPOSAL. WE DON'T HAVE TO ACCEPT IT.

WHY WOULD WE NOT ENCOURAGE THAT. THIS IS THE WHOLE THING, IS JUST COMMON SENSE. PRIVATE/PUBLIC PARTNERSHIP.

THAT'S WHAT THIS IS. WE HAVE SOMEONE WHO CAN STEP FORWARD WHO HAS THE MONEY, TIME AND EXPERTISE AND THEY ARE WILLING TO ENGAGE. LET'S SEE WHAT IT IS ABOUT.

>> WE HAVE KICK THE CAN DOWN THE ROLE AND WE HAVE FAILED TO SEE THE OVERALL GOAL. THAT WAS THE FIRST KICKING THE CAN DOWN THE ROAD. THAT IS WHAT WE NEED TO DECIDE.

WE DID NOT DECIDE THIS IS ADDING COMMERCIALIZATION TO AN AREA.

LET'S GET THE PLAN FIRST. THAT'S WHAT WE NEED TO DO.

WE NEVER APPROVED ANY OF IT. LET'S LOOK AT THAT ISSUE AND DECIDE WHAT WE WANT THERE. THEN LET'S LOOK AT THE EXPANSION. I DO BELIEVE AND I WAS ALWAYS CONFUSED WHEN THE LANDSCAPE GUYS DID A BUNCH OF PUBLIC OUTPUT.

THERE WAS SIGNIFICANT INPUT FOR AND AGAINST BUT WE NEVER RESOLVED ANY OF IT. I THINK IF THAT IS THE GOAL LET'S FIND OUT WHAT WE WANT TO DO, LET'S GET SOME INPUT IT MAKES THEM DECISIONS AND RENEGOTIATE THE LEASE.

I STILL DON'T KNOW WHY WE GO FROM 1250 TWO 9,000.

THE NEW RESTAURANT IS NOT HISTORIC.

>> HAVE A FINAL COMMENT. I AGREE WITH THE VICE MAYOR.

WE ARE PUTTING THE CART BEFORE THE HORSE.

WE DON'T KNOW WHAT WE WANT THE WATERFRONT TO BE.

THERE IS ANOTHER PARCEL NEXT TO THE PARCEL, IS THAT CORRECT, CITY MANAGER? OR ARE THERE THREE PARCELS? AS THERE ARE SEVERAL THAT EXTEND FROM THE BOAT RAMP TO THE SOUTH.

THERE ARE SEVERAL. >> ARE WE TALKING ONE, TWO OR

THREE? >> THIS IS ONE PARCEL OF 28,000 SQUARE FEET THAT WILL BE SUBDIVIDED INTO 9300 SQUARE

FEET. >> WE HAVE EVEN MORE PARCELS ON THE WATERFRONT THAT WE HAVE NOT DETERMINED WHAT THE MASTER PLAN IS. WHAT IS THE VISION FOR THIS WATERFRONT? YET, WE WANT TO LOOK AT ARCHITECTURAL DRAWINGS FOR COMMERCIAL BUILDINGS WHEN WE DON'T KNOW WHAT THE VISION IS. TO ME, YOU ARE QUILTING WITHOUT KNOWING WHAT THE QUILT WILL TURN OUT TO BE.

I THINK THAT IS FOR LACK OF A BETTER WORD,ASS BACKWARDS.

>> THAT MOTION FAILS 3-2. >> ITEM 7.4, TEMPORARY

[7.4 TEMPORARY EASEMENTS - UNITED STATES ARMY CORPS OF ENGINEERS (USACE) BEACH RENOURISHMENT- RESOLUTION 2021-98 APPROVING TEMPORARY EASEMENT AGREEMENTS BETWEEN THE CITY OF FERNANDINA BEACH AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR BEACH RENOURISHMENT STAGING AND MOBILIZATION; AUTHORIZING EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE.]

>> I RECOMMEND APPROVAL. >> SECOND.

>> ALBUM MOTION AND A SECOND, ANY DISCUSSION? NO DISCUSSION, PLEASE CALL THE VOTE.

(ROLL CALL) THAT MOTION PASSES 5-0.

[7.5 EXTENSION OF FACILITIES AGREEMENT - FPUC - RESOLUTION 2021-99 APPROVING AN EXTENSION OF FACILITIES AGREEMENT WITH FLORIDA PUBLIC UTILITIES COMPANY TO RELOCATE NORTH FRONT STREET OVERHEAD UTILITY SERVICES TO UNDERGROUND; FUNDED IN FISCAL YEAR 2020/2021; AND PROVIDING FOR AN EFFECTIVE DATE.]

>> YOU HAVE BEFORE YOU, THE INCLUDED BUDGET APPROXIMATELY

$254,000. >> MOVED TO APPROVE.

>> SECOND. >> COMMISSIONER ROSS, I SAW

[02:05:01]

>> I DISCUSSED THIS EARLIER, I DISCUSSED IT WITH THE ENGINEER AND HE FEELS IT IS APPROPRIATE WITH THE WORK WE ARE DOING.

I SUPPORT THIS. >> ANY OTHER DISCUSSION? I SEE NONE. CALL THE VOTE.

(ROLL CALL). >> I HAVE ONE COMMENT.

[7.6 MARINA LOAN FROM UTILITIES REFINANCE - RESOLUTION 2021-100 APPROVING THE REFINANCE OF THE MARINA LOAN FROM THE UTILITIES WASTEWATER FUND; AUTHORIZING EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE.]

FOUR YEARS, YES. >> ITEM 7.6 VEREEN ON LOAN FROM

UTILITIES REFINANCE. >> THANK YOU MR. MAYOR, THE CITY HAS A LOAN WITH THE MARINA SPECIFICALLY TO THE UTILITIES DEPARTMENT FOR PREVIOUS IMPROVEMENTS.

THE PREVAILING ENTRANCE THAT THE CITY CHARGED AT THE TIME WAS FOR POINTER 5%. DUE TO THE PANDEMIC, WHICH HAS TRIGGERED LOWER INTEREST RATES STAFF RECOMMENDS REFINANCING TO THE LOAN AT WHICH WILL SAVE THE MARINA $73,000 ANNUALLY.

>> MOVED TO APPROVE. >> SECOND.

>> ALBUM MOTION AND A SECOND, ANY COMMENTS? ICING ON MADAME CLERK WOULD YOU PLEASE CALL THE VOTE QUICK ?

[7.7 CREATING A YOUTH ADVISORY COMMITTEE - RESOLUTION 2021-101 ESTABLISHING THE FERNANDINA BEACH YOUTH ADVISORY COMMITTEE; PROVIDING FOR ITS CREATION AND PURPOSE; PROVIDING FOR APPOINTMENT; MEMBERSHIP; AND TERMS; PROVIDING FOR REMOVAL OF MEMBERS; PROVIDING FOR STAFFING; PROVIDING FOR MEETINGS; AND PROVIDING FOR AN EFFECTIVE DATE.]

>> IT PASSES 5-0. >> ITEM 7.7 CREATING EIGHT YOUTH

ADVISORY COMMITTEE. >> AS OF JUNE 15, THE WORKSHOP, CITY COMMISSION EXPRESSED INTEREST IN CREATING A NEW YOUTH ADVISORY COMMITTEE. STAFF RECOMMENDS APPROVAL OF

RESOLUTION OF 2021 -- ZERO ONE. >> I DO HAVE ONE SPEAKER.

>> MOVED TO APPROVE. >> I MOVED TO APPROVE GIVEN I

WILL BE THE SPONSOR. >> SECOND.

>> I HAVE A MOTION NANOSECOND, WE DO HAVE A SPEAKER.

MR. BOSTON AND I ENJOY CHEESEBURGERS THIS AFTERNOON AT AMELIA RIVER AND HAD A GOOD CONVERSATION.

WELCOME SIR. >> TIRE BOSTON, THANK YOU MR. MAYOR. I WOULD LIKE TO START OFF BY THANKING THE COMMISSION FOR ALLOWING THE IDEA OF THE YOUTH ADVISORY COUNCIL TO BE ON THE AGENDA.

FOR THOSE OF YOU WHO DO NOT KNOW ME I AM TIRED BOSTON THE SON OF A SMALL BUSINESS OWNER ON THE ISLAND.

THE CAPTAIN OF THE MEN'S GOLF TEAM.

VICE PRESIDENT OF THE HONOR SOCIETY AND SECRETARY OF THE STUDENT BODY. A COUPLE OF WEEKS AGO I CAME TO THE COMMISSIONER WITH THE IDEA FOR THE YOUTH ADVISORY COUNCIL.

WE NEED TO GET THE YOUTH INVOLVED IN THE COMMUNITY.

DID YOU KNOW THE CITY HAS OVER 1500 CITIZENS UNDER 18.

NOT TO MENTION OTHERS WHO COME TO THE BEACHES, PARKS AND COMMUNITY FROM ACROSS THE BRIDGE EVERY DAY.

WHAT DO WE HAVE FOR THEM. THE ANSWER IS VERY LITTLE.

MOST EVENTS ARE TARGETED TOWARDS A MUCH OLDER AGE GROUP.

WHAT ARE THE EFFECTS OF THIS. AS A HIGH SCHOOL SENIOR, I CAN SAY MORE THAN 20% OF THE USE VAPE ON A DAILY BASIS.

NOT TO MENTION HALF OF THEM HAVE TRIED IT AT ONE POINT OR ANOTHER. THERE'S ALSO A LOT OF DRUG USAGE I DON'T GET ME STARTED ON THE ALCOHOL.

THESE CITIZENS ARE TURNING TO VAPING, DRINKING AND DRUGS BECAUSE WHAT ELSE IS IT FOR THEM TO DO.

A GOAL I HAVE FOR THE COUNCIL IS INCREASING PARTICIPATION BY FEATURING YOUTH VOICES. THE LAST TIME WE HAD A COUNSEL WE COULD GET PERFORMERS. ANOTHER GOAL WHICH EXTENDS MORE BROADLY IS PUSHING FOR NEW IDEAS TO CHANGE THE OLDER SYSTEMS FOR EVENTS SUCH AS SHRIMP AND PRIDE FESTIVALS.

I HAVE VETTED SIX OTHER YOUTH VOICES IN THE CITY THESE CITIZENS ARE COMMUNITY LEADERS ACROSS THE BOARD.

SOME ARE PRESENCE OF CLUBS AND OTHERS CAPTAINS OF SPORTS TEAMS. ALL ARE HONORABLE STUDENTS WITH A LOVE FOR THE COMMUNITY.

THAT IS EXACTLY WHY I AM HERE TODAY.

I LOVE THE COMMUNITY AND THE CITIZENS.

WHEN I SEE AN ISSUE SUCH AS UNDERREPRESENTATION, I MOVED TO ACT, NOT TO IGNORE. THAT IS WHY THIS COUNCIL MEANS SO MUCH FOR ME. I WILL OPENLY FIELD ANY QUESTIONS YOU MAY HAVE. THANK YOU.

>> THANK YOU. ANY QUESTIONS? I DO NOT SEE ANY. THANK YOU SIR, THANK YOU FOR BEING HERE. ANY DISCUSSION ON THE PROPOSAL?

>> I HAVE ONE. SO, COMMISSIONER ROSS, THIS VERY

[02:10:05]

I WOULD BE CURIOUS WHAT STEPS HAVE BEEN TAKEN TO ADDRESS THE ISSUES THAT WERE RAISED IN THE 2017 RESOLUTION AND WHAT WILL BE DIFFERENT THIS TIME TO ALLOW THIS PROGRAM TO BE A SUCCESS?

>> TIME IS UP. JUST KIDDING.

>> COMMISSIONER BEING. >> MY TIMES UP A LONG TIME AGO.

>> I WOULD LIKE TO ADDRESS THAT POINT.

I BELIEVE TODD WOULD HAVE THE ANSWER FOR THAT QUESTION BUT I WOULD, I DON'T WANT TO PUT WORDS INTO ANYONE'S MOUTH BUT THE STUDENTS HE LOOK THAT WOULD BE DIFFERENT.

HE STAGGERED THE AGES SO THERE WOULD ALWAYS BE CONTINUITY.

I BELIEVE THE ISSUE FROM LAST TIME EVERYONE GRADUATED AT ONCE AND WE NO LONGER HAD A COMMITTEE.

THAT WAS THE BIGGEST ISSUE. I WOULD LIKE TO SAY, THANK YOU TO TY FOR BEING HERE AND I LOOK FORWARD TO THE WORK YOU WILL DO.

>> I WAS GOING TO SAY, ACTUALLY, ANSWERING THE QUESTION, I THINK THAT IS WHAT WILL MAKE IT SUCCESSFUL, TY TAKING LEADERSHIP. THE KIDS WILL DRIVE IT.

WE WILL BE HERE. >> I THINK IT IS A GREAT PROGRAM. I THINK IT IS A GREAT IDEA AND I'M GLAD BRADLEY IS HEADING IT UP I THINK IT'S A GREAT PROGRAM AND I THINK WITH THE RIGHT KIDS AND THE RIGHT LEADERSHIP, I

THINK THEY WILL DO GREAT THINGS. >> ANY OTHER DISCUSSION? I HEAR NONE. DONAVON CLARK WILL YOU PLEASE CALL THE VOTE. (ROLL CALL) THAT PASSES.

>> THAT PASSES 5-0. ITEM 7.8 FEDERAL GRANT

[7.8 FEDERAL GRANT APPLICATION SUPPORT - OCEAN HIGHWAY AND PORT AUTHORITY - RESOLUTION 2021-102 AUTHORIZING ISSUANCE OF TWO OCEAN HIGHWAY & PORT AUTHORITY FEDERAL GRANT APPLICATION LETTERS OF SUPPORT FOR WAREHOUSE EXPANSION AND INCREASED RAIL TRANSPORTATION CAPACITY; AND PROVIDING FOR AN EFFECTIVE DATE.]

>> THANK YOU. I BEFORE YOU A REQUEST, WE WILL SEEK A LETTER OF SUPPORT FOR TWO PROJECTS TO PROVIDE FUNDS FOR THE BOARD. HE WILL BE ABLE TO ANSWER ANY

QUESTIONS. >> I HAVE A MOTION.

>> I HAVE A SECOND PERIOD. >> A MOTION AND A SECOND PERIOD SIR DO YOU WANT TO MAKE A STATEMENT, OR JUST ANSWER --

(SPEAKING AWAY FROM MICROPHONE). >> I SEE SOME LIGHTS LET'S SEE IF THERE ARE QUESTIONS. PLEASE COME TO THE PODIUM.

MR. ROSS. >> IF YOU STATE YOUR NAME AND

ADDRESS FOR THE RECORD. >> CHRISTOPHER R.

2962 FERDINAND COURT, FERNANDINA BEACH.

IF I COULD JUST EXPLAIN, I COME WEARING TWO HATS.

THAT OF PORT DIRECTOR ON BEHALF OF THE PORT OF FERNANDINA AS WELL AS THE CHIEF EXECUTIVE OF THE PORT OPERATOR UNDER A 33 YEAR OPERATING LEASE. I APPRECIATE MR. MAYOR, YOU PUTTING THIS ON THE AGENDA AND GIVING US A CHANCE TO HAVE WHAT I HOPE IS THE BEGINNING OF A NEW OR FRESH DIALOGUE BETWEEN THE PORT AND THE CITY. I COME IN PEACE.

I COME WITH AN OLIVE BRANCH AND I WANT TO SAY UP FRONT, AFTER BEING BORN AND RAISED AND SPENDING MY ENTIRE ADULT LIFE IN NEW YORK CITY IN NEW YORK STATE I VOLUNTARILY MOVED MY FAMILY TO THE CITY OF FERNANDINA AND I HAVE AN ANNOUNCEMENT FOR THE GOVERNMENT, I'M NOT GOING BACK. THANK YOU.

>> I JUST WOULD APPRECIATE A LITTLE MORE INFORMATION.

>> THE FIRST ONE, THERE ARE TWO GRANDSON THE FIRST ONE IS THE RAISE GRANT PROGRAM. THAT APPLICATION IS DUE IN SIX DAYS. SO, MY FIRST QUESTION IS, COULD YOU PROVIDE A DESCRIPTION OF THE PROJECT?

A DETAILED DESCRIPTION. >> IS EVERYONE SEEING THE FRIDAY

[02:15:02]

ASK. >> YOU HAVE A GENERAL DESCRIPTION I WANT TO KNOW SPECIFICALLY WHAT YOU WILL FIND?

>> WE HAVE A PROJECT, WHICH INVOLVES THE EXPANSION AND MODERNIZATION OF THE ON PORT WAREHOUSES AT THE PORT OF FERNANDINA. THAT IS THE PROJECT.

IT'S NOT SPECIFICALLY DESIGNED SO I DON'T HAVE ANY FURTHER DETAILS. IT WOULD ADD APPROXIMATELY 100,000 SQUARE FEET TO THE EXACTING -- EXISTING SQUARE FEET OF THE WAREHOUSES WE CURRENTLY HAVE.

>> WHERE WILL THEY BE LOCATED? >> ALMOST EXCLUSIVELY WITHIN THE

FOOTPRINT OF THE PORT. >> ALMOST OR EXCLUSIVELY?

>> ALMOST EXCLUSIVELY, A 5%. >> WHERE WILL THE 50% BE

LOCATED? >> ASSUMING WE GET THE GRANT AND AS I SET FORTH IN DETAIL, IN RESPONSE TO YOUR QUESTIONS, THE AWARD WILL BE BASED ON A CRITERIA.

THIS WOULD HAVE BEEN PROVIDED IN THE RECORD.

THEY WOULD FIND DIFFERENT PROGRAMS THAT ARE DIFFERENT WITH A SLIGHTLY DIFFERENT SCORING CRITERIA.

THIS IS BASED ON THE MERITS OF WHAT THEY SEE IN THE APPLICATION AND THE ECONOMIC ANALYSIS WHICH WE HAVE AND I HAVE SHARED SOME OF THE CONCLUSIONS THROUG THE BENEFITS.

IF THEY MAKE SUCH AN AWARD, YOU HAVE A LONG PERIOD, GENERALLY OVER A YEAR WHERE THE NEGOTIATION WITH THE GRANTOR AND THE GRANTEE DISCUSSES SPECIFICALLY WHAT EXACTLY YOU WANT TO BUILD AND WHAT THEY AGREED TO PAY FOR.

AT THAT STAGE YOU DO HAVE TO HAVE A MORE THOROUGH DESIGN PLAN. IT IS IMPORTANT TO NOTE THAT PROCESS INCLUDES ALL STAKEHOLDERS.

1ST AND FOREMOST THOSE AND THE CITY OF FERNANDINA.

IT IS IMPORTANT TO THE FEDERAL GOVERNMENT BEFORE MAKING AN AWARD OF THE ACTUAL GRANT, UNTIL THEY SIGNED UP GRANT, YOU HAVE NOTHING BUT CONDITIONAL AWARD. ANY IMPROVEMENTS WILL HAVE TO BE SPECIFIED BY ARCHITECTS AND ENGINEERS.

WE HAVE HAD ENGINEERS LOOK AT THE FEASIBILITY AND MORE BUT THE CITY WILL HAVE TO APPROVE AND PROVIDE WHATEVER NEEDED PERMITS FOR ANY APPROVALS AND WE WILL HAVE TO INDICATE THE APPROVAL BY THE CITY AS PART OF THE GRANT PROCESS.

DEFENSE WILL NOT PROVIDE MONEY FOR INFRASTRUCTURE THAT IS NOT SUPPORTED BY THE LOCAL COMMUNITY THAT IS A GIVEN ABOUT THE GRANTS WORK. I APOLOGIZE THAT I DON'T HAVE MORE SPECIFICS BUT WE HAVE HAD TO SPEND TENS OF THOUSANDS OF DOLLARS OF PRIVATE FUNDS JUST TO DO FEASIBILITY AND HIGHER PROFESSIONAL GRANT WRITERS TO SEE IF WE HAD A REASONABLE CHANCE UNDER ONE OR BOTH PROGRAMS. IT WOULD BE ONE AWARD WHERE WE SUGGEST WE APPLY TO BOTH BECAUSE THAT WOULD DOUBLE OUR CHANCES BUT YOU WOULD ONLY TAKE ONE AWARD. IN ORDER TO GET THIS FAR JUST TO SEE IF WE GET A GRANT, WE ARE HEAVILY INVESTED THE IDEAS WE GET THE GRANT YOU KNOW YOU CAN START SPENDING HUNDREDS OF THOUSAND DOLLARS ON ACTUAL PLANNING AND DESIGN OF THAT SORT

OF THING. >> I'M TROUBLED IT STATES SPECIFICALLY APPLICANTS INCLUDE A DETAILED STATEMENT OF WORK THAT FOCUSES ON THE TECHNICAL AND ENGINEERING ASPECTS OF THE PROJECT AND DETAILS OF THE PROJECT TO BE CONSTRUCTED.

I KNOW THAT IS WHAT IT SAYS. THIS IS AMONGST SEVERAL HUNDRED PAGES HOWEVER OUR GRANT WRITERS HAVE EXPLAINED TO US THAT WE HAVE ENOUGH OF A PRELIMINARY CONCEPT TO MAKE A CREDIBLE APPLICATION. IT ALSO SAYS THIS SHOULD DESCRIBE THE BUDGET. CAN YOU DO THAT.

>> WE ARE SEEKING APPROXIMATELY 50 MILLION-DOLLAR PROJECT UNDER RACE WEEKEND SEE UP TO ONE 100% UNDER PIP D.

AND WE WOULD HAVE TO PROVIDE 20% IN MATCHING FUNDS.

>> GOING FORWARD ON 24, THE APPLICATION INCLUDED A DETAILED PROJECT SCHEDULE THAT IDENTIFIES ALL MILESTONES EXAMPLES OF SUCH MILESTONES INCLUDE STATE AND LOCAL PLANNING APPROVALS.

SO COULD YOU DESCRIBE THAT FOR US?

[02:20:01]

>> WE THE APPROVAL SPIRIT IF THAT WILL BE A DETERMINATIVE SCORING FACTOR THAT WILL RENDER OUR APPLICATION EFFECTIVE, SO BE IT. WE DON'T HAVE IT AT THIS STAGE.

IT ALSO GOES ON UNDER REQUIRED APPROVALS SPIRIT THE APPLICATION SHOULD DEMONSTRATE RECEIPT OR ANTICIPATED RECEIPTS OF APPROVALS NECESSARY FOR THE PROJECT TO PROCEED AND NECESSARY TO MEET THE STATUTORY APPLICATION DEADLINE INCLUDING SATISFACTION OF ALL FEDERAL AND STATE AND LOCAL REQUIREMENTS

HAVE YOU BEGAN THE PROCESS? >> WE HAVE NOT BUT WE HAVE BEEN INSTRUCTED THE GRANT WILL BE EXECUTED IF WE HAVEN'T BEGAN THE PROCESS OF THE TIME WE NEGOTIATED BUT WE HAVE ALL OF THOSE MILESTONES MAPPED OUT. WE ARE WELL AWARE OF THOSE THINGS. I ANSWERED THAT QUESTION WRITING TO YOU PREVIOUSLY. IT GOES ON TO SAY THE APPLICANT SHOULD DEMONSTRATE RECEIPT OF STATE AND LOCAL APPROVAL.

PREVIOUSLY, WHEN YOU CAME BEFORE US FOR WAREHOUSE, YOU DID GET A BUILDING PERMIT, BUT YOU DID NOT PAY THE IMPACT FEES ARE YOU

GOING TO PAY THE IMPACT FEES? >> THAT'S NOT EXACTLY ACCURATE.

WE AGREED TO FILE BUT WE HAVEN'T NEGOTIATE ON AN AD HOC BASIS FOR THE PROJECT BETWEEN YOUR COUNSEL IN OUR COUNSEL AND THEY AGREED ON A REDUCED AMOUNT WHICH INCLUDED THE PERMIT FEE BUT NOT

THE IMPACT BE. >> THAT WAS MY QUESTION, MY QUESTION IS GOING FORWARD ARE YOU AGREEING, ARE YOU AGREED TO PAY ALL IMPACT THESE FOR THE PERMIT FEES?

>> MR. ROSS I CANNOT LEGALLY BIND THE COMMISSION.

THAT IS AN ISSUE THEY WILL HAVE TO DECIDE BUT, I DO SAY THAT SINCE YOU HOLD THE CARDS THE CITY WOULD BE ABLE TO REQUIRE WHATEVER THEY CAN LEGALLY REQUIRE AND WE EITHER PAY IT OR GET TURNED DOWN IF WE DON'T GET CITY APPROVAL THERE'S NO GRANT.

YOU ARE IN A GOOD POSITION NOT ONLY TO BELIEVE THAT THE PROJECT IF WE DO GET AN AWARD AS WE ADVANCE DURING THE NEGOTIATING PERIOD, TO GET THEIR QUESTIONS ANSWERED.

I'M SORRY I CAN'T ANSWER MORE EFFECTIVELY RIGHT NOW.

>> GOING FORWARD, ARE YOU AGREEING, ALL IMPACT FEES WHEN YOU NEED IT. I'M NOT AGREEING TO THAT I THINK IT IS A HYPOTHETICAL. I'M SAYING WE WILL FILE FOR THE PERMIT THAT HAVE TO BE DEALT WITH, AND WE WILL GO FROM THERE IF THEY REQUIRE THAT THEN IT WILL BE UP TO US WILL IT.

>> THAT IS NOT WHAT YOU SAID PREVIOUSLY.

>> I AM NOT SURE WHAT YOU'RE GETTING AT BUT I THINK EVERYONE KNOWS, SINCE I HAVE BEEN HERE THERE HAS BEEN TO CONSTRUCTION PROJECTS THAT WE HAVE DONE AT THE FORD.

BOTH OF WHICH WE SUBMITTED TO THE CITY FOR BUILDING PERMITS.

ONE IS THE FABRIC WAREHOUSE, 15,000 SQUARE FEET WHICH WAS SIGNED UP TO THE SATISFACTION OF ALL CITY PERSONNEL AND STAFF AND ONE IS CURRENTLY PENDING WHICH IS ON A MINOR RENOVATION TO THE CUSTOMS HOUSE. OUR TRACK RECORD IS WE SUBMIT FOR THE APPROVALS THAT WE NEED AND THE REGULATORS, REQUIRE WHAT

THEY REQUIRE. >> GOING FORWARD ON THE GRANT, IT SAYS ELIGIBLE PROJECTS AT THE LIST SEVEN OF THOSE.

WHICH ONE ARE YOU ASKING FUNDING FOR?

>> I'M SORRY I DON'T HAVE THAT LIST IN FRONT OF ME.

>> FOR IMPROVEMENTS, AND CONNECTING TO THE REPORT, REAL IMPROVEMENTS, BIRTH IMPROVEMENTS, FIXED LAND IMPROVEMENTS AND UTILITIES NECESSARY FOR SAFE OPERATION OR

A COMBINATION OF THE ABOVE? >> THE WAREHOUSES WOULD COME UNDER FIXED LANDSIDE PERFECT HEDGE GOING BACK TO THE LAND, YOU SAID 15% WOULD BE LOCATED OUTSIDE OF THE PORT.

WHERE WOULD THAT BE? >> THAT IS SUBJECT TO NEGOTIATION WITH THE OWNERS OF THE TRIPPER HALL PROJECT WHICH WAS FORMALLY THE LANDSIDE PROPERTY OF THE HALL FAMILY OR THE FLORIDA PETROLEUM. IT IS BASICALLY REPRESENTING, I THINK TWO THIRDS OF AN ACRE BETWEEN THE PORTS EXISTING BUILDING AND EASEMENT AND BROOME STREET.

AT THAT TIME, WE WOULD HAVE TO GET APPROVAL FIRST OF ALL FROM THE GOVERNMENT THEN PROVIDE ALL NECESSARY LOCAL APPROVAL SPIRIT

[02:25:04]

>> WOULD ANYBODY LIKE TO HEAR ABOUT THE BENEFITS OF THE

PROJECT? >> COMMISSIONER ROSS ARE YOU

FINISHED? >> FOR THE MOMENT.

>> VICE MAYOR, CORRECT ME IF I'M WRONG.

YOU'RE ASKING FOR US TO ENDORSE USE FOR A FEDERAL GRANT OF WHICH THE GRANT WRITER AND THE FEDERAL GOVERNMENT WILL APPROVE BASED ON YOUR INPUT. THIS WOULD PROVIDE CERTAIN BENEFITS AND ACTUALLY COULD PROVIDE BENEFITS BEYOND BELLPORT SUCH AS IMPROVEMENTS TO EXIT STREETS AND CITY STREETS.

YOU WILL GET ALL BUILDING PERMITS AND YOU WILL DO EVERYTHING IN COMPLIANCE WITH STATE LAW WHICH GOVERNS COURT OPERATIONS WHICH GIVES YOU THE AUTHORITY TO DO ALL OF THESE

THINGS, AM I AM I CORRECT? >> ALL OF THAT IS CORRECT.

I FAILED TO MENTION THAT WE WOULD MAKE SURE THE NEGOTIATED ACTUAL PLAN WITH THE GOVERNMENT WOULD INCLUDE A WAY TO ADDRESS RELOCATIONS OF THE CUSTOMHOUSE BUILDING WHICH I THINK IS IMPORTANT TO SOME OF THE COMMISSIONERS.

THAT IS SOMETHING THAT WILL BE INCLUDED AS WELL.

AGAIN, I THINK, THE WAY I AM HOPING FOLKS WILL LOOK AT THIS AS A WIN-WIN SITUATION FOR EVERYONE IF WE ARE FORTUNATE ENOUGH TO BE SELECTED AMONGST THOUSANDS OF NATIONAL APPLICANTS FOR THESE FUNDS, THE ABILITY TO ATTRACT $50 MILLION OF FEDERAL INVESTMENT, RIGHT HERE INTO THE HEART OF THE COMMUNITY DOWNTOWN IS PERHAPS, ONCE IN A GENERATION OR DECADE OPPORTUNITY.

THE CITY IS A MAJOR STAKEHOLDER SO YOU WILL BE AT THE TABLE AND IN A POSITION TO SHAPE THE EXPENDITURES AND HELP THE PROJECT PLAYS OUT. IF WE CANNOT COME TO AN AGREEMENT THE FEDS WILL END UP CLOSING THE NEGOTIATION AND GO ON TO OTHER APPLICANTS. JUST BECAUSE THEY SELECT US AS AN AWARD HE DOES NOT MEAN WE WILL ACTUALLY GET THE FUNDING.

WHAT WE ARE ASKING IS BASICALLY, TAKE A LEAP OF FAITH WITH US TO CAPTURE THE FEDERAL DOLLARS. WE ARE TALKING OVER 200 JOBS.

EIGHTY-FIVE AT THE PORT WHICH WOULD DOUBLE THE CURRENT JOB SPIRIT THE WAGES OF THAT APPROXIMATELY $6 MILLION PER YEAR. THE RE- SPENDING AND LOCAL CONSUMPTION IS ALMOST $13 MILLION FOR YOUR.

THEN THE OVERALL ECONOMIC BENEFITS OF THE PROJECT, OVER THE LIFE OF THE PROJECT WHICH IS A WAY TO QUANTIFY THINGS LIKE THE REDUCED EMISSIONS BY TAKING 2.1 MILLION TRUCK MILES OFF OF THE ROAD ON AN ANNUAL BASIS BY ATTRACTING MORE SHIPS AND GREATER USE OF RAIL. THE BOARD ALREADY HAS A VERY STRONG PERCENTAGE OF RAIL VERSUS TRUCK WHICH IS RARE AND ALSO A HUGE BENEFIT TO THE CITY AND THE COMMUNITY.

I THINK THE KEY REASON WHY THIS CAN WORK TO THE DOWNTOWN AREA AND THAT IS WHAT WE ARE TRYING TO LEVERAGE ON.

WERE NOT TRYING TO BUILD A SAVANNA.

IT'S NOT ANYTHING TO BE FEARED. WE ARE BUILDING ON THE ASPECTS THAT ARE UNIQUE AND I THINK WE SAW DURING THE PANDEMIC, THE THINGS THAT GIVE THE ECONOMY SUSTAINABILITY.

JUST TO FINISH QUICKLY ON THE ECONOMIC BENEFITS, BESIDES REDUCED EMISSIONS AND THE ELIMINATION OF THE TRUCK MILES, YOU GET SAFETY AND CONGESTION BENEFITS.

YOU ALSO HAVE A CONSUMER COST EFFICIENCY.

WE HAVE LETTERS OF SUPPORT FROM THE FACTORIES THAT WOULD LIKE TO SEE MORE OF THEIR PROJECTS GO OUT.

RIGHT NOW THEY ARE BEING FORCED TO SAVANNA OR JACKSONVILLE TO FIND THE SHIPS THEY NEED. WE HAVE LETTERS OF SUPPORT FROM MANY INCLUDING THE TWO RAILROADS THAT SERVE THE POOR IN SPIRIT THIS IS A PROJECT THAT EVERYONE IS EXCITED ABOUT.

IT'S A TRANSFORMATIONAL PROJECT. THE DOLLAR VALUE OVER A 30 YEAR LIFE THAT YOU WOULD ASCRIBE TO A WAREHOUSE IMPROVEMENT IS OVER $250 MILLION WHEN YOU ADD UP THE THINGS I TALKED ABOUT.

[02:30:01]

>> I DON'T UNDERSTAND WHAT THE PROJECT IS.

>> YOU SAID $15 MILLION AND YOU WILL EXPAND WAREHOUSES BUT THEY ARE THERE, WHAT ARE YOU SPENDING ON QUICKSAND WERE BUILDING 80,000 SQUARE-FOOT NEW WAREHOUSE INSIDE OF THE FENCES, IF YOU WANT TO COME BY THE OFFICE I CAN SHOW YOU THE PLANS.

THIS WAS THE ONLY BOARD MEETING THAT WOULD GIVE US A CHANCE TO GET THE LETTER FILED. I WISH I HAD MORE INFORMATION.

ANYONE IS WELCOME TO COME DOWN. WE CAN TALK ABOUT WHAT'S IN THE

CONCEPTUAL PROJECT. >> YOU HAVE ANYTHING ELSE?

>> I HAVE NO FURTHER QUESTIONS. >> THE NEW WAREHOUSE, THAT IS ONE OF THE PIECES I HEARD. WE HAVE APPROXIMATELY $200,000 OF EXISTING WAREHOUSE. AND THEY ARE ALL OLD.

SOME ARE 20-YEARS-OLD AND SOME 30-YEARS-OLD.

WE HAVE TO RENOVATE THOSE AND RECONFIGURED THOSE BUILDINGS.

BUT THE BIG CHUNK IS THE NEW BUILDING WHICH WILL BE A CONTINUATION OF BUILDING ONE, ON THE OTHER SIDE WHERE THE TERMINAL SECURED AREAS IS THE NEW BUILDING.

THAT WILL ALLOW YOU TO EXPAND, BUILDING 1-3 WHICH RUNS ALONG FRONT STREET, CAN TAKE 11 BOXCARS AT A TIME.

THE RAILROAD CAN DO TO HER FOR THREE SWITCHES PER DAY.

IF WE ARE ABLE TO GET AN APPROVAL THAT WOULD REPRESENT COUPLE OF ADDITIONAL CARS. WHEN IT COMES TO THE SECURITY FENCE, THAT BUILDING WILL GIVE US ANOTHER ADDITIONAL SPACE.

>> EVIDENCING THE DESIGNS, BUT WHEN YOU WERE DISCUSSING IT, I ENVISION CREATING MORE SPACE AND MORE PAPER ROLES CAN BE STORED AND MORE PAPER ROLES CAN GET OVER THERE AND COME BACK.

NOW IMPORTING PROPER AND GAMBLE, KIMBERLY-CLARK, WHEN YOU LOOK AT A TISSUE OR PAPER NAPKIN THIS CAN BE DISTRIBUTED BY RAIL.

ALMOST EXCLUSIVELY BY RAIL. THAT IS WHAT I MEANT BY THE CAUSTIC CONSUMER SAVINGS BASED ON EFFICIENCIES.

THIS HAS NOT BEEN CONFIGURED IN 30 YEARS.

IF YOU GET THE GOVERNMENT GRANDCHILDREN MAKE MORE MONEY.

IT WILL CERTAINLY PUT US BEYOND THE CONCERN OF SUSTAINABILITY OR LONG-TERM VIABILITY. THIS GIVES US WHAT WE NEED TO ENSURE THIS PORT WHICH IS NOT JUST A CITY ASSET, IT IS ONE OF THE SEAPORTS, IT ENSURES THIS WILL APPROACH ITS FULLEST POTENTIAL. THE FULL POTENTIAL TO HANDLE THE

MOST CARGO AND ECONOMIC IMPACT. >> ARE NOT LOOKING TO MOVE INTO ANY DIRECTION NOT THAT YOU COULD ORDER KID BUT AS IT IS

CHEMICALS. >> A CORE BUSINESS THAT EVERYONE

IS FAMILIAR WITH. >> THIS IS JUST MOVING IN A MORE

MODERN WAY. >> I HAVE A FEW COMMENTS TO

[02:35:05]

YOU PUT UP A CLOTH WAREHOUSE WILL THAT BE TORN DOWN? THAT'S A TEMPORARY STRUCTURE. WE MAY HAVE TO TEAR IT DOWN BECAUSE NOW WE MAY HAVE A REAL TERMINAL.

>> WILL PUT AN 80,000 SQUARE-FOOT WAREHOUSE WHERE THE LOADING IS NOW. IT WOULD BE A LITTLE CLOSER TO THE WATER. THAT FABRIC BUILDING WILL COME

OUT. >> IT WILL GO ALONG THE OUTSIDE.

>> I DON'T HAVE ANY QUESTIONS. THANK YOU FOR BEING HERE.

>> THANK YOU FOR YOUR CONSIDERATION.

>> GENTLEMEN, WE DO HAVE ONE PUBLIC SPEAKER.

BEFORE SHE SPEAKS, LET'S TALK ABOUT THE ELEPHANT IN THE ROOM.

THE ELEPHANT IS, I HEARD GOOD FAITH.

I HEARD $250 MILLION. WE ARE SUING, THEY OWE US $50,000 FROM 2018, FROM 2019, THAT IS NOT IN DISPUTE.

THEY ALL HAVE MONEY. WE ARE SUING THEM FOR FUTURE THINGS, 20202021 AND GOING FORWARD.

LET'S CALL IT IS WHAT IT IS. WE ARE IN A LAWSUIT WITH THEM.

THIS IS NOT A WIN-WIN SITUATION. THIS IS NOT GOOD FAITH.

THIS IS WHEN LOSE. WHEN LOSE.

IF YOU THINK THAT WILL CHANGE GENTLEMEN, I DON'T KNOW WHAT TO TELL YOU. IF THIS BOAT, I WOULD ASK FOR ANYBODY TO NOTE THOSE WHO ARE IN OPPOSITION.

WE ISSUED A LETTER OF THOSE OPPOSED TO THIS RECOMMENDATION TO BE RECOGNIZED IN THAT LETTER. THAT IS WHERE I STAND WITH IT.

NOW I WILL HEAR PUBLIC SPEAKING. >> SO, I WOULD AGREE, THIS COULD BE A WIN LOSE SITUATION BASED UPON PROMISES AND GOOD FAITH.

I HEARD THINGS ABOUT WAREHOUSES AND CONCEPTUAL PROJECTS AND EFFICIENCY AND POTENTIAL. I HAVE ALSO HEARD THE BOARD IS LOOKING TOWARDS HAVING THIS BEING PART OF THEIR SUSTAINABILITY. I DON'T REALLY FEEL LIKE THE SHIPPING AND OUT OF THE PORT VIA TRUCKS BRINGING IN TANKS TO GO TO THE CARIBBEAN AND/OR OTHER POSSIBILITIES, AND WHAT FORMS THEY CAN TAKE. I DO NOT FEEL LIKE THAT IS A GOOD MIX BEING ON THE EDGE OF THE HISTORIC DISTRICT WHERE PEOPLE LIVE. I WOULD LIKE TO HEAR THE GOOD FAITH OF REDUCING ADMISSION AND THIS DOES NOT INCLUDE FILLING SHIPS AND HAVING AN EXPLOSIVE ELEMENT ON THE EDGE OF THE

HISTORIC DISTRICT. >> WE WERE ASKED TO ACCEPT THIS IN GOOD FAITH. I HAVE GONE TO EVERY PORT AUTHORITY. I HAVE HEARD ON MULTIPLE OCCASIONS, I'VE HEARD THEM SAY THEY HAVE NO OBLIGATION TO FOLLOW CITY RULES OR REGULATIONS OR WHATEVER.

BACK IN DECEMBER, I ASKED FOR PUBLIC RECORDS REQUESTS.

THINGS THAT WERE REQUIRED IN THE OPERATING AGREEMENT SUCH AS THEIR CAPITAL IMPROVEMENT PLAN THAT IS SUPPOSED TO BE SUBMITTED. THEIR RECORDS OF TAKING CARE OF

[02:40:07]

THEY ARE SUPPOSED TO HAVE A QUARTERLY REPORT ON THE PROPOSAL. ALL OF THOSE WORDS ARE DENIED, THE PORT SAID THEY DO NOT HAVE THEM.

THE NASSAU TERMINALS, SAID THAT THEY HAD NO RESPONSIBILITY FOR GIVING OUT PUBLIC DOCUMENTS. I AM ASKED TO TRUST SOMEONE WHO REFUSES TO COMPLY WITH THE LAWS OF THE STATE OF FLORIDA.

THAT IS CURRENTLY BEING REVIEWED BY THE COURTS.

I HAVE TO GO INTO THE MEETINGS, WITH LITTLE FAITH IN WHAT THEY SAY. THAT IS WHY I ASKED SPECIFICALLY, THE GRANDEST IN SIX DAYS.

I READ IT. I WENT THROUGH THE PAGES.

IT SAYS SPECIFICALLY THAT. THAT IS NOT WHAT WAS PRESENTED HERE. IT WAS SOMETHING TOTALLY DIFFERENT THAT WE WOULD NEGOTIATE.

I HAVE HEARD THE BOARD AUTHORITY SAY THEY WILL NEVER PAY OUR IMPACT FEES. THOSE WERE THE WORDS THEY USE, NOT ME. THEY ARE UNDER NO OBLIGATION TO FOLLOW OUR RULES. I DO NOT SUPPORT THIS SPIRIT.

>> THANK YOU, SIR. MY SPARE.

>> I INTENTIONALLY LEFT THE PILOT PAYMENTS OUT BECAUSE THERE WERE LEGAL DISCUSSIONS I DID NOT WANT TO GET INTO.

BUT THE LATEST I HAVE FROM THE CITY MANAGER IS THE BOARD IS INTERESTED TO WORK ON A SETTLEMENT.

HERE IS WHERE I AM COMING FROM. THE BOARD AS A CHARTER WHICH GIVES THEM MASSIVE AUTHORITY. THEY HAVEN'T BEEN VERY NICE TO US AND WE HAVEN'T BEEN NICE TO THEM.

WE SAID THEY SHOULD NOT GET THE GRANT.

BUT THEY GOT THE GRANT ANYWAYS. I WOULD REALLY, I BELIEVE IN SUPPORTING THEIR GRANT THAT WE BECOME PART OF IT.

IT IS AN INTERESTING CONCEPT THAT WE COULD GET ALONG WITH SOMEONE AND WORK WITH THEM. WE DON'T DO THAT WELL IN THE CITY. THIS IS JUST A LETTER WHERE THEY CAN DO WITH THEY ARE ENTITLED TO DO BY LAW.

WHETHER WE LIKE THE LAW OR NOT, THIS IS A STATE LAW.

THAT IS WHY I RECOMMEND THE APPROVAL.

I UNDERSTAND THERE ARE CONCERNS WITH ENVIRONMENTAL THINGS.

IF NOT, THEY WON'T GET THE GRANT ANYWAYS.

I WOULD LET THE FEDERAL GOVERNMENT AND GRANT PEOPLE DECIDE IF THEY MEET THE CRITERIA.

IF THEY CANNOT ANSWER THEIR QUESTIONS, LET THE GOVERNMENT DECIDE AND SEE IF THEY CAN ANSWER.

IF THEY ARE CORRECT, YOU WON'T GET THE GRANT.

BUT THIS WAR WITH THE WORLD, IS NOT IN THE BEST INTERESTS OF

FERNANDINA BEACH. >> THANK YOU, SIR.

>> I WILL MAKE MY FINAL COMMENT. I AM ALSO CONCERNED ABOUT EXPANSION. WHEN THIS WAS CREATED IT WAS WITH THE ORIGINAL AGREEMENT THAT THE FOOTPRINT WOULD NEVER CHANGE. NOW WE ARE GOING INTO TWO THIRDS OF AN ACRE OF PROPERTY WHICH IS THE BEGINNING OF THE GEOGRAPHICAL EXPANSION AND FOOTPRINT.

MY FRIENDS, BE AWARE. I AM HIGHLY CONCERNED ABOUT THAT. VICE MAYOR, WE MAY HAVE TO GIVE BACK ONE AND A HALF MILLION DOLLARS FOR THAT ARENA BECAUSE WE COULD NOT GET THE CHANNEL DECOMMISSION FROM THE SPONSOR.

>> THAT GOES BACK 20 YEARS. >> I UNDERSTAND.

PLEASE LET ME FINISH. >> ARE WE HAD MORE? WE ARE NOT A PIECE AND WE DID NOT START THIS.

THE PRIVATE PAVEMENT IGNITED. THERE'S NO GOOD FAITH HERE,

PLEASE CALL THE VOTE. >> (ROLL CALL).

>> THE MOTION PASSES 3-2. AS REQUESTED, THE OPPOSITION

[02:45:04]

WILL BE NOTED. >> WE ARE ONTO ITEM EIGHT-POINT

TO. >>

[8.1 FRANCHISE AMENDMENT - FPUC ELECTRIC - ORDINANCE 2021-24 GRANTING AND RESTATING A FRANCHISE TO THE FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, IN AND FOR THE CITY OF FERNANDINA BEACH, FLORIDA, FOR THE OPERATION AND DISTRIBUTION AND/OR SALE OF ELECTRIC ENERGY AND FIXING THE TERM, CONDITIONS, AND LIMITATIONS RELATIVE TO THE OPERATION AND MAINTENANCE OF ELECTRIC UTILITIES; AND AMENDING ORDINANCE 96-4 AS AMENDED BY ORDINANCE 96-9 AS AMENDED BY ORDINANCE 2003-05 AND AS AMENDED BY ORDINANCE 2013-13; AMENDING SECTION 15 TO PROVIDE THAT GRANTEE (FPUC) WILL EXECUTE ANNEXATION PETITIONS FOR THREE PARCELS OF PROPERTY CONTIGUOUS TO CITY LIMITS; AMENDING SECTION 22 TO PROVIDE FOR AT LEAST ONE PHYSICAL LOCATION IN THE CITY WHERE CUSTOMERS CAN PAY ELECTRIC BILLS IN PERSON; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.]

>>> WE ARE BACK IN SESSION. ITEM A .1 FRANCHISE AMENDMENT FP

UC ELECTRIC. >> ORDINANCE 2021 -- 24 GRANTING AND RESTATING A FRANCHISE TO THE FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, IN AND FOR THE CITY OF FERNANDINA FLORIDA, FLORIDA FOR THE OPERATION AND DISTRIBUTION AND/OR SALE OF ELECTRIC ENERGY AND FIXING THE TERM, CONDITIONS, AND LIMITATIONS RELATIVE TO THE OPERATION AND MAINTEANCE OF ELECTRIC UTILITIES; AND AMENDING ORDINANCES 96-4 AS AMENDED BY ORDINANCE 96 -- NINE AS AMENDED BY ORDINANCE 2003-05 AND AS AMENDED BY ORDINANCE 2013-13, AMENDING SECTION 15 TO PROVIDE THAT GRANTEE WILL EXECUTE ANNEXATION PETITIONS FOR THREE PARCELS OF PROPERTY CONTAGIOUS TO CITY LIMITS, AMENDING SECTION 22 TO PROVIDE FOR AT LEAST ONE PHYSICAL LOCATION IN THE CITY WHERE CUSTOMERS CAN PAY ELECTRIC BILLS IN PERSON, PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THIS WAS PROMPTED BY A REQUEST FROM THE UTILITY COMPANY TO CLOSE OR TO HAVE PERMANENTLY CLOSED THEIR OFFICE, THEIR ADMINISTRATIVE OFFICES WERE SOME PAY THEIR BILLS OFF OF THE PARKWAY. WE HAVE HAD FOR A LONG TIME, THE ABILITY TO PAY OUR BILLS IN PERSON, THROUGH WALMART OR WESTERN UNION. THERE MAY BE SOME OTHER AGENCIES THAT TAKE PAYMENT. BUT THIS HAS BEEN REQUIRED AND COMING UP IN THE NEXT ORDINANCE. THEY ARE REQUESTING THAT IT IS DELETED. IN EXCHANGE FOR THAT THEY ARE OFFERING TO SIGN PETITIONS FOR THREE PARCELS OF PROPERTY, OR TWO THEM ARE ACROSS THE STREET FROM THE MAINTENANCE BUILDING, AND THE OTHER IS AT THE SOUTHEAST CORNER OF TENTH STREET AND LIME STREET. YOU WILL SEE 2 ACRES OF PROPERTY, AND THEY HAVE A TRANSFER STATION.

>> MOVE TO APPROVE. TANGIBLE MOTION AND A SECOND.

I HAVE H BAKER -- SPEAKER ON A .1.

>> I THINK -- >> CAN YOU STATE YOUR NAME.

>> I FEEL LIKE THIS IS PROBABLY, MY STATEMENT IS MISPLACED.

WHEN I SAW THE WORD FRANCHISE I KNEW FROM PREVIOUS DISCUSSIONS WE TALKED ABOUT IF THEY WERE GOING TO RENEW THEIR FRANCHISE, I WANT TO MAKE SURE BY REQUEST ABOUT THE CITY AND STREETLIGHTS, TO REPRESENT THE CITY OF NOT FALLEN BY THE WAYSIDE.

>> ANY DISCUSSION? I SEE NONE.

MADAME CLERK IF YOU COULD CALL THE VOTE.

[8.2 FRANCHISE AMENDMENT - FPUC GAS - ORDINANCE 2021-25 AMENDING ORDINANCE 2011-26 TO MODIFY REQUIREMENT THAT FPUC MAINTAIN AN ADMINISTRATIVE OFFICE IN THE CITY LIMITS AND ALLOWING FOR AUTHORIZED PAY AGENTS TO COLLECT NATURAL GAS PAYMENTS; PROVIDING THAT ALL OTHER PROVISIONS OF ORDINANCE 2011-26 REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR EXECUTION BY FPUC; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.]

>> THE MOTION PASSES 5-0. A.TO FRANCHISE AMENDMENT FPUC

GASPED. >> ORDINANCE 2021 -- 25 AMENDING ORDINANCE 2011 -- 26 TO MODIFY REQUIREMENT THAT FPUC MAINTAIN AN ADMINISTRATIVE OFFICE IN THE CITY LIMITS AND ALLOWING FOR AUTHORIZED PAY AGENTS TO COLLECT NATURAL GAS PAYMENTS.

PROVIDING THAT ALL OTHER PROVISIONS OF ORDINANCE 2011 -- 26 REMAIN IN FULL FORCE AND EFFECT PROVIDING FOR EXECUTION BY FLORIDA UTILITIES COMPANY AND PROVIDED FOR SEVERE ABILITY AND

PROVIDER 40 EFFECTIVE DATE. >> MOVE FOR APPROVAL.

[02:50:01]

>> SECOND. >> I HAVE A MOTION AND A SECOND PLEASE CALL THE VOTE. (ROLL CALL).

[8.3 CODE AMENDMENT - CHAPTER 2, SECTION 2-122(A)(2) - BOARDS, COMMISSIONS, COMMITTEES: APPOINTMENT, TERM OF OFFICE, AND FILLING VACANCIES - ORDINANCE 2021-20 AMENDING THE CITY OF FERNANDINA BEACH CODE OF ORDINANCES, CHAPTER 2, ARTICLE III, BOARDS, COMMISSIONS, COMMITTEES; AMENDING SECTION 2-122 TO PROVIDE THAT ALL BOARD APPOINTMENTS AND REAPPOINTMENTS WILL BE REVIEWED ONLY BY THE CITY COMMISSION AND NOT BY OTHER CITY BOARDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ]

>> THAT MOTION PASSES 5-0. A .3 COLD AMENDMENT CHAPTER TWO BOARDS, COMMISSIONS, COMMITTEES, APPOINTMENT, TERM OF OFFICE AND

FILLING VACANCIES. >> ORDINANCE 2021 -- 20 AMENDING THE CITY OF FERNANDINA BEACH CODE OF ORDINANCES CHAPTER TWO, ARTICLE THREE, BOARDS COMMISSIONS, COMMITTEES AMENDING SECTIONS 2-1 TO 2 TO PROVIDE THAT ALL BOARD APPOINTMENTS AND REAPPOINTMENTS WILL BE REVIEWED ONLY BY THE CITY COMMISSION AND NOT BY OTHER CITY BOARDS. PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. RIGHT NOW WE HAVE OUR ORDINANCE THAT PROVIDE BILLBOARDS MAY MAKE A RECOMMENDATION AS TO APPOINTMENT AND REAPPOINTMENT OF BOARD MEMBERS BEFORE IT COMES TO CITY COMMISSION. THAT DELETES THAT OPTION.

WHERE APPLICATIONS WILL COME STRAIGHT TO THE CITY COMMISSION

FOR APPROVAL. >> I WANT TO APPROVE WITH THE FOLLOWING AMENDMENT. IN SECTION NINE, IT SAYS EACH APPOINTED MEMBER AND ALTERNATE WILL ATTEND ALL MEETINGS.

>> I SECOND. >> WE HAVE A MOTION AND A SECOND PERIOD IF YOU RECALL COMMISSIONS WE HAVE HAD SEVERAL SITUATIONS WHERE THEY RECOMMENDED A CANDIDATE AND THAT CANDIDATE WAS NOT APPOINTED. I HAVE ACTUALLY BEEN AT MEETINGS WHERE THEY CONGRATULATED THE CANDIDATE PRIOR TO THE CANDIDATE BEING APPROVED BY THE COMMISSION.

THAT WAS NOT GOOD OPTICS AND THIS SOLVES THAT PROBLEM.

ANY OTHER DISCUSSION? I SEE NONE.

MADAME CLERK. (ROLL CALL).

[9.1 FUTURE LAND USE ASSIGNMENT - 2134 A&B, 2144 A&B, AND 2154 A&B 1ST AVENUE - ORDINANCE 2021-16 ASSIGNING A FUTURE LAND USE MAP CATEGORY OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR APPROXIMATELY 0.53 ACRES OF LAND LOCATED AT 2134 A&B, 2144 A&B, and 2154 A&B 1ST AVENUE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ]

>> SECOND 92ND READING FUTURE LAND USE ASSIGNMENT.

>> ORDINANCE 2021 -- 16 ASSIGNING A FUTURE LAND USE MAP CATEGORY OF MEDIUM DENSITY RESIDENTIAL FOR APPROXIMATELY 153 ACRES OF LAND LOCATED AT 2134 ANB, 2144 A AND B AND 2154 A AND B FIRST AVENUE PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. PLEASE OPEN THE PUBLIC HEARING.

>> PUBLIC HEARING IS OPEN. I SEE NO SPEAKERS.

THE PUBLIC HEARING IS CLOSE. >> MOVED TO APPROVE.

>> APPROVE. >> ANY DISCUSSIONS? I SEE NONE. MADAME CLERK PLEASE CALL THE VOTE. (ROLL CALL).

[9.2 ZONING MAP ASSIGNMENT- 2134 A&B, 2144 A&B, AND 2154 A&B 1ST AVENUE - ORDINANCE 2021-17 ASSIGNING A ZONING CATEGORY OF R-2 (MEDIUM DENSITY RESIDENTIAL) FOR 0.53 ACRES OF LAND LOCATED AT 2134 A&B, 2144 A&B, AND 2154 A&B 1ST AVENUE. PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.]

>> THAT MOTION PASSES 5.0. NINE-POINT TO ZONING MAP

ASSIGNMENT. >> 2134 ANB 2144 ANB AND 2154 ANB FIRST AVENUE ORDINANCE 2021-17 ASSIGNEE ZONING CATEGORY OF R-2 MEDIUM DENSITY RESIDENTIAL FOR POINTS 53 ACRES OF LAND LOCATED AT 2134 ANB, 2144 AND B AND A MONTH AGO WE HAD A QUALIFIED JUDICIAL MEETING, NOW WE WILL OPEN THE PUBLIC HEARING, MR. MAYOR FEW WILL PICK UP AT THE PUBLIC

HEARING. >> I SEE NO PUBLIC SPEAKERS, WE WILL CLOSE THE PUBLIC HEARING AND MOVED TO THAT'S RIGHT.

>> WE HAVE A MOTION AND A SECOND PERIOD.

>> I SEE NOTHING. MADAME CLERK PLEASE CALL THE VOTE. (ROLL CALL).

[9.3 FUTURE LAND USE ASSIGNMENT - PHEASANT LANE CONSERVATION LAND - ORDINANCE 2021-18 ASSIGNING A FUTURE LAND USE MAP CATEGORY OF CONSERVATION (CON) FOR APPROXIMATELY 5.35 ACRES OF LAND LOCATED AT THE SOUTH END OF PHEASANT LANE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ]

FUTURE LAND USE ASSIGNMENT. >> ORDINANCE 2021 -- 18 ASSIGNEE FUTURE LAND USE MAP CATEGORY OF CONSERVATION FOR APPROXIMATELY 5.3.5 ACRES OF LAND LOCATED AT THE SOUTH END OF PHEASANT LANE, PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE

PLEASE OPEN THE PUBLIC HEARING. >> PUBLIC HEARING IS OPEN.

I SEE NO SPEAKERS. PUBLIC HEARING IS CLOSE.

MOVED TO APPROVE. >> A MOTION AND A SECOND PERIOD ANY DISCUSSION. I SEE NONE.

MADAME CLERK PLEASE CALL THE VOTE.

(ROLL CALL). >> ITEM 9.5 -- I'M SORRY ITEM

[9.4 ZONING MAP ASSIGNMENT - PHEASANT LANE CONSERVATION LAND - ORDINANCE 2021-19 ASSIGNING A ZONING CATEGORY OF CON (CONSERVATION) FROM R-1 (LOW DENSITY RESIDENTIAL) FOR 5.35 ACRES OF LAND LOCATED AT THE SOUTH END OF PHEASANT LANE, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.]

[02:55:06]

>> ORDINANCE 2021-19 ASSIGNEE ZONING CATEGORY OF CONSERVATION FROM R-1 OR 5.35 ACRES OF LAND LOCATED AT THE SOUTH END OF PHEASANT LANE PROVIDED FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY HELD A QUASI.

JUST A REMINDER THIS IS A PROPERTY THE CITY PURCHASED FOR CONSERVATION, AND WE ARE LOOKING TO MOVE IT INTO CONSERVATION

ZONING. >> WE WILL OPEN THE PUBLIC HEARING. I SEE NO SPEAKERS WE WILL CLOSE

THE PUBLIC HEARING. >> MOVED TO APPROVE.

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

I SEE NONE. (ROLL CALL).

>> THAT MOTION PASSES 5-0. >> WE ARE ON ITEM TEN CITY

[10. CITY MANAGER REPORTS]

CITY MANAGER. >> THANK YOU MR. MAYOR YOU WERE PRESENTED WITH A COPY OF THE REPORT, WE HAVE GEORGE HERE TO ANSWER QUESTIONS. BASICALLY THAT REPORT, WAS DRIVEN BY OUR ASSOCIATION TO DEVELOP THE WATERFRONT RESILIENCY. THAT IS A KEY COMPONENT WHICH LED TO THE REPORT. I THINK IT MAY STILL BE IN THE DRAFT STAGE. BASICALLY, UPON REVIEW AND A PERSONAL INSPECTION, MR. GEORGE RECOMMENDED THE BUILDING WAS AN UNSAFE STRUCTURE. I ACCEPTED THE RECOMMENDATION AND WE PREPARED AN UNSAFE STRUCTURE TO NOTICE THAT WE PROVIDED TO THE PROPERTY OWNER, WE MET WITH THE --

>> THE LEASE. >> LEASEHOLDER.

WE MET WITH HIM AND HIS ASSOCIATES AND THEY WILL DEVELOP A PLAN OF ACTION AND GET BACK WITH US.

THEY WANT TO MEET WITH MR. GEORGE TO UNDERSTAND HIS REVIEW AND HIS ASSESSMENT OF THE SITUATION.

I AM TRYING TO FACILITATE THE MEETING BETWEEN MR. GEORGE AND BOTH LEASEHOLDER WHICH IS CENTER STREET RESTAURANT.

>> MR. GEORGE, CAN YOU COME TO THE PODIUM?

>> CAN YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> >> ON WHAT DATE DID YOU DO THE

INSPECTION? >> ONE WEEK AGO YESTERDAY.

>> CAN YOU TELL US WHAT YOU OBSERVED?

>> IT WAS PRETTY CONSISTENT WITH THE LAST REPORT IT WAS SEVERE DETERIORATION OF THE PILES. THIS IS CONSISTENT WITH THE LATEST REPORT. I BASICALLY WENT ON THEIR TO CONFIRM WHAT THEY HAD IN THEIR REPORT.

>> YOUR ASSESSMENT WAS WHAT? >> SEVERELY DETERIORATED AND AS PREVIOUS REPORTS HAVE DONE, CONTINUING TO DETERIORATE THE CORROSION OF THE STRUCTURE REINFORCING THE SMALL CRACKING OF THE CONCRETE WHICH IS JEOPARDIZING THE CAPACITY OF THE ELEMENTS. IT GETS TO A POINT WHERE THE REPAIRS ARE REPAIRABLE BUT THE PROBLEM BECOMES THE LOGISTICS OF DOING THE REPAIRS. THE MYTHOLOGY AND THE COLD REQUIRES ANY SUBSTANTIAL IMPROVEMENTS OF THE STRUCTURE, OR THE PROPERTY, YOU HAVE TO MEET THE CURRENT CODES WHICH MEANS, HURRICANE AND SEISMIC, ALL OF THOSE THINGS THAT WOULD RENDER TEARING THE BUILDING DOWN AND BUILDING UP NEW.

IT WOULD BE 1100 -- $11,000. ANY REPAIRS AT ANY LEVEL WOULD

[03:00:07]

IS REPLACEMENT. >> IS THE BUILDING CURRENTLY SAFE FOR PEOPLE TO BE ON THAT STRUCTURE?

>> NO. NOT IN MY OPINION.

>> THANK YOU, SIR. >> COMMONSENSE POSTED SEVERAL SEVERAL QUESTIONS. THE DOUBLE T STRUCTURES, HAVE BEEN DESIGNATED, WHY AREN'T THEY DESIGNATED IN EMERGENCIES.

>> THERE ARE TWO DIFFERENT SECTIONS.

THIS IS THE LOWER LEVEL. THE ONES THAT WERE PUT IN FOR THE RESTAURANT ARE IN DECENT CONDITION.

THE PROBLEM IS THIS TRANSFERS THE LOAD TO THE PILES AND THEY ARE FAILING. THAT IS WHAT DRIVES IT TO BE UNSAFE. DO WE NEED A SECOND OPINION.

WE HAVE 20 YEARS OF REPORT SAYING THE SAME THING.

NONE OF THEM WOULD COME OUT AND SAY IT WAS UNSAFE.

THEY SAID IT WAS A TERRIBLE CONDITION REPAIRABLE BUT MAYBE NOT FINANCIALLY PRACTICAL. THEY DID NOT COME OUT AND SAY ANYTHING MORE THAN THAT. THE LATEST REPORT BASED ON WHAT THEY OBSERVED BELIEVES IT IS NOT SAFE AND I CONCUR.

>> YOUR OPINION IS THIS STRUCTURE DOES NOT SAVE SHOULD

BRETZ BE OPERATING? >> THE PROBLEM IS, THERE'S NO WAY TO DO IT. I DON'T THINK ANY ENGINEER COULD SWAY THAT. IT BECOMES AN EXPERIENCED ENGINEER'S OPINION AS TO WHETHER IT IS FAILING BUT IN MY CASE, AS AN ENGINEER OF A PUBLIC DUTY TO PROTECT THE SAFETY OF THE PUBLIC AND IN MY MIND IT IS UNSAFE WHICH TO ME, INHERENTLY STATES

IS NOT SUITABLE. >> YOU HAVE ANY QUESTIONS?

>> THEY HAVE TO COME BACK WITH THE PLAN IN 60 DAYS.

>> THAT IS WHAT THE CODE IS REQUIRED TO DO.

AT THIS POINT THEY WILL CONTINUE TO OPERATE.

THAT'S OUR UNDERSTANDING. WE CAN TELL THEM THAT TOO.

>> THANK YOU, CHARLIE. WE CANNOT.

>> LET ME GO BACK. THAT IS WHY MR. GEORGE IS TALKING ABOUT IMMINENT THREAT. THE CITY FOLLOWS FOUR UNSAFE STRUCTURES. IT'S LIKE IT IS SET OUT IN OUR CODE. CHAPTER 22 IS WHERE THE BUILDING REGULATIONS ARE WELL WE REFERENCE THE FLORIDA BUILDING CODE AND THE 1985 IT IS NOT LIKE IT HAS BEEN CHANGED.

THERE ARE UPDATED VERSIONS. WE STILL USE THE 1985 UNSAFE BUILDING ABATEMENT COLD. IT IS A REAL THING AND THE CITY USES THAT FOR HOW AND WHEN TO POST UNSAFE STRUCTURES AND UNDER THAT CODE WHICH IS OURS, THE STANDARD FOR WHETHER OR NOT YOU ISSUE A NOTICE TO VACATE THAT MR. GEORGE OR THE BUILDING OFFICIAL CAN SIGNS THAT SAY YOU MUST VACATE IMMEDIATELY THE ENGINEERS HAVE TO MAKE A FINDING THAT THERE IS AN IMMEDIATE THREAT TO LIFE AND SAFETY. THAT HAS NOT BEEN FOUND BY ANY OF THE ENGINEERS THAT HAVE ACCESS THE STRUCTURE.

LEGALLY THE CITY CANNOT TELL THE LESSEE, CENTER STREET RESTAURANT GROUP, OR THEIR SUBLESSEE, THEY MUST IMMEDIATELY VACATE THE BUILDING AND I DO BUILDING BUSINESS.

WHAT WE HAVE, THESE ARE THE ONLY TWO CHOICES.

THE CITY IF THERE IS AN UNSAFE STRUCTURE WE HAVE THAT FINDING WHICH WE DO, THE BUILDING OFFICIAL STANDS BY IT ALTHOUGH HE DOESN'T SIGN OFF ON THESE THINGS, WE PROVIDE 60 DAY NOTICE

[03:05:03]

TODAY WE ISSUED THE NOTICE ON FRIDAY.

TODAY WE MET WITH REPRESENTATIVES FROM THE RESTAURANT AND FROM CENTER STREET RESTAURANT GROUPS.

>> THAT IS OUR CHOICE. >> AT THAT POINT, YOU CAN'T SAY IF YOU CAN'T FIX THIS, YOU DO HAVE TO CLOSE AND NOT OCCUPY IT

BY THEN. >> WE KNOW WE HAVE SO MANY THINGS WORKING AGAINST THE 60 DAY.

I WOULD HOPE THE BUILDING DEPARTMENT WOULD NOT DO ANYTHING. THESE ARE MAJOR NOT TO MENTION

YOU CANNOT FIX THESE PROBLEMS. >> YOU CAN'T FIX THESE PROBLEMS WITHOUT EXCEEDING A THRESHOLD. YOU HAVE TO TAKE THE WHOLE THING

DOWN AND REBUILD IT. >> ASED ON WHAT I HAVE DONE IN THE PAST THE REPAIRS INVOLVED WOULD BE SHIPPING OUT ALL OF THE DETERIORATED CONCRETE. THE REBAR IS CORRODED AND RUSTED SO YOU HAVE TO PUT IN NEW REBAR. THEN YOU HAVE TO POUR CONCRETE, BACK TO ITS ORIGINAL SHAPE AND SIZE AND STRENGTH.

IT GETS INUNDATED AT A HIGH TIDE.

THAT IS THE STANDARD METHOD OF REPAIR.

IS IT POSSIBLE? I GUESS IF YOU THROW A BUNCH OF PEOPLE WHO CAN FIT INTO THE SPACE.

BUT FROM A FEASIBILITY STANDPOINT IT WOULD MEET THE CRITERIA OF 30%. EVEN IF THEY SAID THEY WOULD DERIVE -- DO THE REPAIR, IT'S A DIFFICULT STANDARD FOR THEM TO

MEET. >> MY CONCERN IS THIS.

THIS IS A CITY BUILDING ON CITY PROPERTY.

THERE IS NO PUBLIC NOTICE SIGNS ON THE BUILDING OR PROPERTY TELLING PEOPLE THIS IS AN UNSAFE BUILDING AS DEEMED BY THE CITY.

HOW DO WE DO THIS? >> WE CAN NON PUBLIC, I WOULD HAVE DONE IT ON FRIDAY. WE CANNOT PUT IT.

FEEL FREE, ALL OF THE LAWYERS ON FACEBOOK, FEEL FREE TO LOOK AT THE ABATEMENT COLD AND TELL ME HOW WE CAN DO IT.

I DON'T SEE HOW. IT SAYS 60 DAYS OR IMMEDIATE THREAT. DON'T TWIST MY ARM, TWIST HIS

SPIRIT. >> WHEN YOU PUT THE POLLS, THIS IS LET'S JUST SAY, SOMEONE ELSE WAS DOING IT.

THE CITY WAS THE OWNER. IF IT HAPPENS, THIS NOTICE, THE CITY HAS RESPONSIBILITY. THE CITY HAS RESPONSIBILITY FOR SUBSTRUCTURES AS WELL. TANGIBLE WALKWAY.

>> OF TALKING ABOUT. >> THE PORCH THAT SURROUNDS THE

BUILDING. >> THIS GOES ALL THE WAY AROUND.

NOT EXACTLY. >> IF YOU LOOK AT THE LEASE.

>> THIS BUSINESS AND PUBLIC RECORD IS A MULTI- MILLION-DOLLAR BUSINESS. WE ARE NOT JOKING WITH BEING

[03:10:02]

YOU MUST VACATE AND THEY DON'T. >> I CAN HONESTLY SAY THIS, PEOPLE OVER PROFITS. PEOPLE OVER PROFITS.

PEOPLE NEED TO KNOW THIS IS UNSAFE.

WHATEVER WAY WE SHOOT THIS TO YOU, WE NEED TO ISSUE NOTICE

PERIOD. >> I CANNOT FIND THE LEASE.

I DON'T KNOW WHAT I DID WITH MY COPY.

IF YOU GO TO EXHIBIT A, AND IT CLEARLY SHOWS THE COMMON SPACE.

THIS IS THE WEST SIDE OF THE BUILDING.

MOST OF THAT IS NOT COMMON SPACE.

WHAT ABOUT THE NORTHPARK. >> WHEN YOU WALK AROUND THE

BUILDING. >> THIS IS ALONG THE SOUTH SIDE

OF THE BUILDING. >> IS THE COMMON SPACE IN

JEOPARDY? >> NOT AS BAD AS THE HEART OF

THE BUILDING. >> WHICH YOU DEEM THAT IS UNSAFE

>> >> IF THEY CAN'T REPAIR THIS.

WHAT IS THE NEXT STEP. >> IF THEY VACATE?

>> WHETHER THEY DO OR DON'T. THE BUILDING NEEDS TO BE

DEMOLISHED. >> THAT IS A MAJOR ISSUE AS WE

MOVE ALONG. >> THAT IS A MAJOR COST TOO.

>> IT'S A LOT SELECTIVE TO DO. >> SO THEY HAVE 60 DAYS TO MAKE IT RIGHT. IF THEY SAY WE WANT TO APPEAL THIS, IT WOULD GO TO CODE ENFORCEMENT BUT ACTUALLY, IT WOULD GO TO CODE ENFORCEMENT AND THEY WILL WANT TO APPEAL THAT TO THE CIRCUIT COURT. ALL OF THAT WOULD STAY.

>> IT WOULD STATE THE ENFORCEMENT.

>> DURING THE PROCESS, IT COULD TAKE?

MONTHS YEARS? >> THEY COULD STAY.

>> I STILL HAVE TO FIND, NO PRESSURE, WE WOULD MAKE SURE WE HAVE A CONSULTANT, NOW WE HAVE IMMEDIATE DANGER IS EVIDENT JUNCTION BECAUSE THE CITY HAS LIABILITY.

>> THIS IS KIND OF A QUESTION. IF THEY DECIDE IN THE 60 DAYS TO NOT VACATE, I THINK WE COULD MAKE THEM COME BACK WITH THEIR OWN PROFESSIONAL ENGINEER. I THINK THAT IS WHAT THEY WOULD HAVE TO DO IN ORDER TO GO IN FRONT OF THE APPEALS BOARD.

>> THIS IS BY NO MEANS A THREAT. THEY HAVE A LIABILITY THAT WE

[03:15:01]

HAVE UP TO DATE. >> THAT'S NOT SOMEONE WE WERE REQUIRED TO NOTIFY. BUT I GET IT.

AGAIN ALL OF THE SAFETY ISSUES AND THE PROCESS AND IT IS UNFORTUNATE. I'M NOT GOING TO SAY WHETHER THEY WILL DO. NONE OF US CAN SAY.

>> 60 DAYS OF LEGAL NOTICE. >> THEY WOULD HAVE TO PULL PERMITS. THEY HAVE AN THEY HAVE 60 DAYS

TO HAVE THE REPAIRS COMPLETED. >>

>> NO LEAVE. >> BRIBER THAT TRACK PRIOR TO THE START OF THE MEETING WE SPOKEN YOU AND FOR ME ORIGINALLY THE INSPECTION WAS FOR RESILIENCY, NOT FOR THE SAFETY

OF THE STRUCTURE. >> BUT THE CONTEXT I MEANT,

LOOKING AT THE HISTORICAL REVIEW >> IN THE CONTEXT OF ONE-POINT 1 MILE OF THE HISTORIC DISTRICT. I BRING THAT UP AS A DIFFERENT PERSPECTIVE. IT WASN'T TO DO THAT IT WAS TO GIVE CITY RECOMMENDATION TO SAY INSIDE OF THE SEGMENT, AT THE END OF CENTER STREET THERE'S ONE PIECE LEFT, WOULD WILL BE DO WITHOUT ONE SEGMENT. THAT WAS THE ONE CONTEXT.

>> THIS QUESTION, WHY DID THEY DELIVER A REPORT IN 2021? THIS DID NOT TAKE A YEAR TO PREPARE.

IF IT WAS URGENT, IT SHOULD HAVE BEEN DELIVERED A YEAR AGO

PERIOD. >> THE FOLLOW-UP AFTER THE ORIGINAL INSPECTIONS, WE HAVE MULTIPLE TASKS UNDERWAY WITH THE CITY. THE PRIMARY TASK WAS TO DO THE INSPECTIONS. WE ACTUALLY HAD A CURSORY REVIEW OF THE FOLLOW-UP INSPECTION OF THE FALL WITH THE CITY ENGINEER.

I THINK THAT WAS IN NOVEMBER. WE GAVE OUR FIRST REVIEW TO THE CITY BUT NOT THE FULL REPORT. DURING THAT PERIOD, WE ARE DESIGNING RESILIENCY AND GIVING PERMITS AND DOCUMENTS FOR RESILIENCY. THEN WE GO OVER AND FINISH THE STUDY, THAT IS THE PROGRESSION THAT YOU ARE SEEING.

>> THIS IS YOUR PRELIMINARY FINDING.

WE DID HAVE A CONVERSATION WITH THEM.

THE SAME PHOTOS YOU SEE ARE THE SAME PHOTOS WE DISCUSSED IN

NOVEMBER. >> IT IS AN IMPORTANT POINT.

THIS IS THE RESTAURANT OWNER. HE IS A LEASEE.

IT'S NOT WITH BRATS BUT -- IN MY CORRECT?

>> REPRESENTATIVES OF THE RESTAURANT.

>> I OBJECT TO YOU CALLING IT BRATS.

>> CENTER STREET. DANCERS STREET RESTAURANTS.

FINALLY, DO YOU CONSIDER YOURSELF A REPARABLE ENGINEERING

FIRM? >> I UNDERSTAND THE ANSWER WITH ONE 100% CERTAINTY. THIS HAS BEEN BUSINESS AND WE ARE ENTERING OUR 50TH YEAR. WE HAVE ONE OR 25 ENGINEERS AND

[03:20:05]

ME. >> VICE MAYOR.

>> WHATEVER HAPPENED IN THE PAST, THIS HAS BEEN A PROBLEM.

AT THIS POINT AND TIME THE CITY IS DOING THE RIGHT THING TO TAKE EVERY LEGAL ACTION TO MAKE SURE THE PUBLIC IS SAFE.

TO CONTINUE TO DO SO, REGARDLESS OF THE HISTORY WE ARE DOING THE

RIGHT THING NOW. >> THAT WASN'T A QUESTION.

I'M SURPRISED HE ISN'T KICKING WITH HIS HANDS.

>> YOU MEAN KICKING THE CAN DOWN THE ROAD?

>> IF I OWNED THE BUILDING PERSONALLY, I WOULD CLOSE IT BE BECAUSE I THINK I WOULD RATHER BE SUED FOR BREAKING A RICE BOWL THAN PAYING FOR THEIR CASKET. BUT I DON'T OWN THE BUILDING.

THE CITY OWNS THE BUILDING. AND THE CITY HAS TO FILE THE LEGAL RAMIFICATIONS. WE ALL KNOW WE ARE KICKING CAN DOWN THE ROAD IT IS DAMNED IF YOU DO DAMNED IF YOU DON'T.

ANY OTHER QUESTIONS OR COMMENTS REGARDING CENTER STREET RESTAURANTS AS THE LEASEHOLDER? WE WILL WAIT ONE WEEK OR TWO AND AT THE NEXT MEETING YOU WILL GIVE A REPORT AND THAT IS TWO

WEEKS FROM TODAY. >> ALSO MENTIONED IN YOUR

REPORT, DOING A DEMO,. >> IN FALLS IN LINE WITH YOUR COURSE AT THE ARENA. THIS IS HOLDING THE TRAVEL AND NOT CARRYING IT TO THE NORTH. WHEN YOU DEMO THAT STRUCTURE OR IT COLLAPSES, YOU WILL BE IMPEDING IF ONLY TEMPORARY.

THAT IS WHAT I THINK HE -- AND CITY MANAGER, IS THERE A PERSPECTIVE LEASEHOLDER WAITING IN THE WINGS TO BUILD A NEW

RESTAURANT ON THE PROPERTY? >> I HAVE NOT BEEN APPROACHED BY

ANYONE. >> THANK YOU.

THAT IS ALL I HAVE. >> SO, LET'S MOVE ON WITH THE

REST OF THE REPORT. >> I WILL FOCUS ON HURRICANE ELSA. IT IS CLASSIFIED, JUST GOT AN UPDATE AS WELL AS YOU DID FROM THE CHIEF.

IT IS NOW HURRICANE ELSA. IT IS STILL NOT EXPECTED TO SIGNIFICANTLY IMPACT THE CITY. WE DON'T EVEN HAVE A TROPICAL STORM WARNING FOR OUR PART OF THE COUNTY.

THE WESTERN PART IS UNDER A TROPICAL STORM WARNING BUT WE ARE UNDER A WIND ADVISORY. WHEN'S BETWEEN 25-35 MILES FIBER. WE DO EXPECT HEAVY RAIN.

THAT WILL BEGIN TONIGHT 3-4 INCHES PREDICTED WITH GUSTY WINDS. SO, WE DO HAVE AN INCREASED POTENTIAL TORNADOES, BUT, IT WILL BE A SIDESWIPE BY THE STORM AND EXPECTED TO FALL BACK AS IT GEORGIA NORTH OF US IS UNDER A WARNING BUT WE ARE NOT. WE ARE UNDER A HIGH WIND

[03:25:05]

OR THUNDERSTORM. >> LET ME ASK YOU, WE MET THIS MORNING, WE WERE TALKING ABOUT SHRIMP FAST AND HOW IT WAS SUPPOSED TO BE A MINI EVENT BUT IT'S GROWING IN ITS COMPLEXITY TO A FULL-BLOWN SHRIMP FAST. DO YOU WANT TO GIVE US DETAILS

ON THAT. >> ASKED FOR AN UPDATE ON WHAT WAS THE APPLICATION, IT DOES SEEM TO BE MORE INVOLVED THAN WE WERE ASSUMING. WHEN I ASKED FOR THE SPECIAL EVENTS APPLICATION. AND HAVING VENDORS AND AT THE CURRENT TIME, THE CITY IN ALL LIKELIHOOD, PARKING LOT C AND D WILL NOT BE AVAILABLE. I ENCOURAGE THEM TO MAKE ALTERNATIVE PLANS AND HE INDICATED THEY HAVE MADE PLANS AND NOTIFY THE HIGH SCHOOL TEAMS THAT PARKED VEHICLES AND THAT SPACE WILL NOT BE AVAILABLE. WE ARE MAKING THE FINAL COORDINATION WITH THE SHRIMP FESTIVAL COMMITTEE.

[11. CITY ATTORNEY REPORTS]

>> CITY ATTORNEY REPORTS. >> A PUBLIC ANNOUNCEMENT JULY 24:00 P.M. WE WILL HAVE ANOTHER EXECUTIVE SESSION, THE FORMAL NAME, WE WILL MEET AND THIS WILL BE IN REGARD TO THE CITY VERSUS THE ENGINEERS FOR THE LAWSUIT.

WE WILL SEE YOU AT 4:00 P.M. ON JULY 20.

WE WILL POSTED IN THE AGENDA. IT WILL BE FOLLOWED BY THE WORKSHOP AND CITY COMMISSION MEETING.

>> ITEM 12, CITY CLERK. >> NO REPORTS.

[13. MAYOR/COMMISSIONER COMMENTS]

>> COMMISSIONER ROSS? >> I JUST WANT TO COMPLEMENT THE MAYOR ON HIS WONDERFUL FOURTH OF JULY SPEECH WHICH I'VE LISTENED TO ON MY FRONT PORCH AND HEARD EVERY WORD.

THAT WILL TELL YOU A LITTLE BIT ABOUT SOUND IN DB AND SO ON.

I COULD HEAR EVERY WORD OF HIS SPEECH AND I WAS STANDING ON MY FRONT PORCH WHICH IS SIX BLOCKS AWAY.

THANK YOU. >> ARE WELCOME.

>> MR. STURGIS. >> NOTHING THIS EVENING.

>> UP STAY SAFE WITH THE HURRICANE.

THIS IS MY 14TH MEETING AND IT FEELS LIKE IT.

>> VICE MAYOR. >> I'M GOING TO CHICAGO TOMORROW, WEATHER PERMITTING BUT I WILL BE BACK.

>> WEATHER PERMITTING. ENJOY.

>> THE CITY MANAGER COVERED HURRICANE ELSA SO EVERYONE STAY SAFE. I JUST WANT TO GIVE A SHOUT OUT TO OCEAN RESCUE. WE HAVE ALL BEEN AWARE THAT THE PAST THREE WEEKS, WE HAVE HAD HORRENDOUS RIPTIDE SPIRIT VERY DANGEROUS SURF CONDITIONS. I SAW PHOTOS OF A RESCUE OF OUR FAMILY ON SUNDAY. THESE FOLKS ARE OUT THERE, THEY ARE BRAVING THE RIB SIDES

* This transcript was compiled from uncorrected Closed Captioning.