Sep 07, 2021 Regular Meeting

[1. CALL TO ORDER]

[00:00:13]

>>> CALL TO ORDER THE SEPTEMBER SEVENTH REGULAR MEETING, MADAME CLARK WOULD YOU PLEASE CALL THE ROLL.

(ROLL CALL). >> THANK YOU EVERYONE.

SOME HOUSEKEEPING ITEMS. PERSONAL DEVICES, SILENCE OR AIRPLANE OR VIBRATE, THAT IS TO NOT INTERRUPT THE PROCEEDINGS.

WE ARE STILL UNDER COVID-19 PROTOCOLS.

THE COVID-19 OUTBREAK IS NOT GETTING BETTER.

IT IS REMAINING A CONSTANT. SO IF YOU'RE WEARING A MASK PLEASE HAVE IT ABOVE YOUR NOSE AT ALL TIMES SO IT IS PROTECTIVE. THERE IS PLENTY OF SEATING TO SOCIAL DISTANCE. AND FINALLY ON THE CORAM, LET'S TREAT EACH OTHER WITH RESPECT AND THANK YOU.

VICE MAYOR VIEW WILL LEAD US THROUGH THE PLEDGE, PLEASE REMAIN STANDING FOR THE INVOCATION BY PASTOR TIFFANY GULAMA. I PLEDGE OF ALLEGIANCE TO THE FLAG OF UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND

JUSTICE FOR ALL. >> PASTOR, THANK YOU FOR BEING

WITH US ONCE AGAIN. >> THANK YOU FOR THE INVITATION,

IT IS MY PLEASURE. >> HOW'S IT GOING?

>> WONDERFUL. DID YOU HAVE BEEN NEAR TO HER

FOR THREE MONTHS? >> YES, JUST ABOUT.

I AM HERE AND WILLING TO SERVE. LET US PRAY.

HEAVENLY FATHER WE COME TO YOU IN THE NAME OF OUR LORD AND SAVIOR JESUS CHRIST. HEAVENLY FATHER WE THANK YOU THAT YOUR WORD GIVES KNOWLEDGE, WISDOM AND UNDERSTANDING.

TO ALL WHO PAY ATTENTION TO ALL OF YOUR TRUTH AND PROMISE, TO GIVE WISDOM TO US IF WE WOULD LISTEN TO YOUR WORDS, AND ATTAIN YOUR WISE COUNSEL. WITH THEIR FOUR COME TO YOUR PRESENCE WITH TRUST AND KNOW THAT YOU WILL GIVE US WISDOM, YOU WILL GUIDE US AND LEAD US IN ALL THAT WE DO THIS EVENING.

ACCORDING TO YOUR WORD, FILL US WITH YOUR SPIRIT OF WISDOM TONIGHT. WE WILL BE ABLE TO DISCERN YOUR WILL FOR US. LORD, THERE IS STRENGTH AND WISDOM, ACCORDING TO JOB THE 12 CHAPTER 13 VERSE.

LET OUR MOUTHS SPEAK YOUR WORD. BECAUSE OF RIGHTEOUSNESS YOU HAVE GIVEN TO US. ACCORDING TO PSALMS 37 PASTOR -- CHAPTER 30TH VERSE, MAKE US NO WISDOM IN THE NAME OF JESUS.

HEAVENLY FATHER WE PRAY ALL OF OUR LEADERSHIP AND ALL OF THE LOCAL STATE AND REGIONAL AND FEDERAL AGENCIES, COMMISSIONS AND GOVERNMENTS, OF THIS NATION WE HAD YOU AND WE ASK YOU TO LIE -- GUIDE, LEAD AND DIRECT US SO THE LEADERSHIP IN EVERY WAY WILL RECEIVE YOUR COUNSEL. WE THANK YOU FOR YOUR PROTECTIVE HAND, THANK YOU FOR HEARING OUR PRAYERS AND LISTENING TO OUR REQUEST OF YOUR PEOPLE. HEAVENLY FATHER WE PRAY UNDER THE NAME OF YOUR SON JESUS, ASKING YOU TO GIVE US DIVINE PROTECTION AND DIVINE WISDOM THIS NIGHT, FOR YOUR PEOPLE IN THE NAME OF JESUS, THIS IS WHAT WE PRAY IN YOUR SON'S NAME,

AMEN. >> AMEN.

>> THANK YOU MA'AM. >> ITEM FOR PROCLAMATIONS AND

[4.1 PRESENTATION - NASSAU HUMANE SOCIETY]

WITH US. >> AND HE IS IN THE LOBBY.

WAGGING HIS TAIL. WOW, WHAT A SWEET DOG.

>> SO THIS IS PD, AND HE WAS BROUGHT TO US FROM THE OVERCROWDED SHELTER. HE IS ON HIS OWN.

[00:05:08]

HE JUST WANTS TO JUMP ON YOU AND HUG YOU.

>> HOW PLAYFUL DOES PETEY GET? >> THIS IS IT.

>> ALL RIGHT, AND YOU CAN ADOPT THEM BY APPLYING AT THE HUMANE

SOCIETY. >> YES YOU CAN GO ONLINE OR YOU

CAN COME IN. >> THANK YOU SO MUCH.

>> BRADLEY WILL BE THERE TOMORROW.

[4.2 PROCLAMATION - "CONSTITUTION WEEK"]

>> WE WILL HAVE BALLOONS ON THAT DAY.

>> ALL RIGHT WE HAVE A PROCLAMATION FOR CONSTITUTION WEEK. AND IF REBECCA AND SARAH WOULD

COME UP PLEASE. >> WHY DON'T YOU INTRODUCE

YOURSELVES. >> I'M REBECCA MAYLE (

INDISCERNIBLE ). >> I'M CARA CURTAIN AND I AM A

MEMBER OF THE CHAPTER. >> THANK YOU.

>> ALL RIGHT, PROCLAMATION READS AS FOLLOWS, WHERE AS IN 1955, THE DAUGHTERS OF THE AMERICAN REVOLUTION, PETITION CONGRESS TO ANNUALLY SET ASIDE THE DATES ON SEPTEMBER 17-23 TO BE DEDICATED FOR THE OBSERVANCE OF CONSTITUTION WEEK AND COMMEMORATION OF AMERICA'S MOST IMPORTANT DOCUMENT.

WHEREAS THE UNITED STATES CONSTITUTION, STANDS AS A TESTAMENT TO THE STALLWORTH TENACITY OF AMERICANS THROUGHOUT HISTORY TO MAINTAIN YOUR LIBERTIES, FREEDOMS AND ABSOLUTE RIGHTS. WHEREAS MORE THAN TWO CENTURIES THE CONSTITUTION HAS PRESIDED AS THE SUPREME LAW OF THE LAND, KEEPING OUR NATION'S LEADERS TRUE TO AMERICA'S HIGHEST ( INDISCERNIBLE ) AND GUARANTEEING THE FUNDAMENTAL RIGHTS THAT MAKE OUR COUNTRY A BEACON OF HOPE TO ALL PEOPLE SEEKING FREEDOM AND JUSTICE. AND WHEREAS SEPTEMBER 17, 2021 MARKS THE 234TH ANNIVERSARY OF THE DRAFTING OF THE CONSTITUTION IN THE UNITED STATES OF AMERICA, AND WHEREAS THE CONSTITUTION IS STRUCTURALLY PREDICATED ON GOVERNANCE BY WE THE PEOPLE, MAKING CITIZENS UNDERSTANDING OF THE CONSTITUTION, AND ITS FRAMEWORK, AN ESSENTIAL ELEMENT OF THE FUTURE OF OUR COUNTRY AND THE HEALTH OF ITS POPULACE. WHEREAS RECORDING OFFICIAL RECOGNITION TO THIS MAGNIFICENT DOCUMENT, AND ITS MEMORABLE ANNIVERSARY AND TO THE PATRIOTIC CELEBRATIONS WHICH WILL COMMEMORATE THE OCCASION. NOW THEREFORE I, THE MAYOR OF THE CITY AND FERNANDINA BEACH DO PROCLAIM SEPTEMBER 20'S -- SEPTEMBER 17-23, 2021 TO BE CONSTITUTION WEEK.

CONGRATULATIONS. >> I WOULD LIKE TO THINK ABOUT MAYOR AND MEMBERS OF THE COMMISSION AND THE CITY CLERK FOR ALL OF THEIR WORK AND SUPPORT AND PROVIDING THIS PROCLAMATION TO US. I WILL CLOSE WITH THE SAME WORDS I UTTERED LAST YEAR, WE ENCOURAGE YOU TO EXPLORE AND READ ON THE CONSTITUTION SO THAT YOU KNOW WHAT IT SAYS AND WHAT IT DOESN'T. THANK YOU.

>> THANK YOU SO MUCH. .

PRESENTATION FERNANDINA BEACH MAIN STREET PROGRAM.

>> MAY BE IN ERROR BECAUSE SHE IS NOT HERE THIS EVENING SO MAYBE WE COULD SCHEDULE IT FOR LATER.

>> I HAVE PUBLIC COMMENT REGARDING ITEMS NOT ON THE AGENDA OR THE CONSENT AGENDA. I HAVE TWO FORMS TO SPEAK BUT THEY ARE AGENDA ITEMS. ANY PUBLIC COMMENTS? ANY PUBLIC COMMENTS ANYONE WOULD LIKE TO MAKE?

[6. CONSENT AGENDA]

AGENDA. >> RECOMMEND APPROVAL.

[00:10:02]

>> I HAVE A MOTION AND A SECOND ON THE CONSENT AGENDA.

LEES CALLED THE VOTE. >> THAT PASS 5-0.

[7.1 PROPOSAL APPROVAL – WASTE MANAGEMENT]

FOR WASTE MANAGEMENT. >> THANK YOU MAYOR WE HAVE A PROPOSAL FROM WAYS MANAGEMENT TO PROVIDE SERVICES FOR THE BALL FESTIVAL WHICH IS SCHEDULED FOR THE FIRST WEEK IN OCTOBER.

IT IS IN AN AMOUNT NOT TO EXCEED WHAT IT SAYS.

>> COMMISSIONER ROSS. >> I WILL MAKE A MOTION TO

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

DISCUSSION. >> THE QUESTION IS DOES IT COME OUT OF THIS YEAR'S BUDGET OR NEXT YEAR'S BUDGET.

>> IT IS INCLUDED IN NEXT YEARS BUDGET.

>> $60,000 IS SCHEDULED FOR NEXT YEAR'S BUDGET TOTAL?

>> CORRECT, FOR THE MANY FESTIVAL AS WELL AS THE

TRADITIONAL MAY FESTIVAL. >> THIS EXCEEDS WHAT WE HAD BUDGETED FOR THE MANY FESTIVAL AND THIS COMES TO NOT EXCEED

$9,000 MORE THAN THAT. >> MY QUESTION IS WHAT HAPPENS IF WE GO TO THE 28, 69 -- 28,690, WHO WILL BE RESPONSIBLE

FOR THE REST? >> I REACH OUT TO MR. HENDERSON AND SAID WE NEED TO BE AWARE OF THAT AND COME UP WITH A CONTINGENCY PLAN SHOULD THAT COST ME EXCESSIVE.

>> ARE THE CONTINGENCY PLANS RELATIVE TO COVID-19?

>> I CAN SPEAK TO THAT, WE DID HAVE A MEETING LAST WEEK AND AT THIS TIME I SHARED WITH MR. HARRISON THE E-MAIL YOU GOT FROM MR. HALL. I SHARED THAT E-MAIL WITH MR. HARRISON AND I SAID HAVE YOU GIVEN ANY THOUGHT TO THAT END OUR MEETING HE SAID AT THIS POINT IN TIME THEY PLAN ON MOVING FORWARD WITH THE FALL FESTIVAL.

>> THAT IS FINE BUT I WOULD SUGGEST THEY GIVE THOUGHT TO IT AS THIS SHOULD BE A DECISION BASED ON COMMISSIONS.

THAT IS NOT RELATED TO THE MONEY.

WE HAD DISCUSSIONS WITH WASTE MANAGEMENT.

MR. HARRISON ALSO HAD A DIALOGUE WITH WASTE MANAGEMENT.

IN THE ORIGINAL PROPOSAL IT WAS BASED ON THE SHRIMP FESTIVAL.

THE STAFF SAID YOU KNOW WHAT, IT IS A SCALED-DOWN VERSION AND PROBABLY WON'T BE THAT HARD. IF YOU WANT TO KNOW THE PARTICULARS THEY CAN PROVIDE THOSE WERE BASICALLY IN RESPONSE TO THE COMMENTS FROM STAFF AND MR. HARRISON, WE DO HAVE THE

FEE. >> MY BIGGEST QUESTION IS, WHERE IS THE SHORTFALL AND HOW MUCH WILL IT BE, IS THERE ANY WAY TO DETERMINE THAT, IF THIS WAS A SHRIMP FESTIVAL, WE COULD AT THAT TO THE NUMBER WE HAVE WOULD NOT PUT US CLOSE TO WHERE WE SHOULD BE WHY IS THERE A DIFFERENCE?

>> THE ORIGINAL ESTIMATE, THE CITY APPROVED $40,000.

BUT WE ADDED $20,000 FOR THIS MINIATURE FAULT VERSION OF THE FALL FESTIVAL. WE PRESENTED THAT TO YOU AND BECAUSE IT WAS SO CLOSE TO THE START OF THE FISCAL YEAR, WE MAKE SURE THAT YOU GUYS VOTED AND APPROVED THE ADDITIONAL $20,000. THERE IS $60,000 IN THE BUDGET FOR THE SHRIMP FESTIVAL SOLID WASTE FESTIVAL.

IF THEY DO EXCEED THE $20,000 -- >> SO WE COULD BE $8,000 OR WHATEVER THE DIFFERENCE IS OVER COLLECTS.

>> THAT'S CORRECT. WE HAVE TO BE AWARE OF THAT AS THE TRADITIONAL MAY SHRIMP FESTIVAL APPROACHES.

>> THANK YOU. >> ANY OTHER DISCUSSION?

[00:15:03]

(ROLL CALL). >> SEVEN-POINT TO, AGREEMENTS

[7.2 AGREEMENTS' APPROVAL - CREDIT/CHARGE/DEBIT CARD SERVICE FEES]

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

ANY DISCUSSION? VICE MAYOR.

>> CAN YOU OUTLINE WHAT THIS IS AND WHAT IT WILL COST THE CITY

AND WHAT IT WILL DO? >> SURE, WHAT THE CITY HAS BEEN PAYING OVER $75,000 IN CREDIT CARD FEES TO ALLOW THE USE OF CREDIT CARDS AND STAFF IS RECOMMENDING THAT A FEED BE ADDED TO COVER THE COST. THAT IS WHAT THIS DOES.

IT WILL GO THROUGH THE SYSTEM TO DEFINE AND ADMINISTER THE AMOUNT OF THE FEE. IT IS TO RECOVER THE COST THAT

CAN BE USED ON THE CREDIT CARD. >> OKAY, I HAVE A MOTION AND A SECOND. MADAME CLERK PLEASE CALL THE VOTE. (ROLL CALL).

[7.3 LICENSE AGREEMENT - COMMERCIAL RANGE AT AMELIA, LLC]

>> IT PASSES 5-0. ITEMS 7.3 LICENSE AGREEMENT

COMMERCIAL RANGE AT AMELIA LLC. >> THIS IS A IT LICENSE AGREEMENT ASSOCIATED WITH THE EYELID DEVELOPMENT.

THE OFFICIALS OF THE ISLAND EXPRESS CONCERNS ABOUT THE PARKING ON THE ROAD THAT LEADS THERE WHICH ARE STILL PRIVATE PROPERTY. THERE HAS BEEN SIGNIFICANT DAMAGE TO THE LANDSCAPING AND THE DAMAGE THEY ASKED THAT IT BE SIGNED BECAUSE IT IS PRIVATE PROPERTY.

BUT IN RETURN THEY HAVE OFFERED THIS LAND TO BE USED AS AN ALTERNATIVE PARKING SPITE -- SITE.

THIS IS A LICENSE AGREEMENT FOR THE CITY, THE OFFICIALS OF COMMERCIAL RANGE TO PROVIDE THAT FOR PARKING AT THE ATHLETIC

COMPLEX. >> OKAY ANY DISCUSSIONS?

>> RECOMMEND APPROVAL. >> I SECOND.

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

TANGIERS MY CONCERN. FIRST OF ALL I WOULD LIKE TO THANK HIM FOR OFFERING THIS THAT WAS VERY GENEROUS, AND I APPRECIATE HIM COMING FORWARD WITH THE OFFER.

BUT THIS IS TO SOLVE A PARKING PROBLEM THAT OCCURS ON SATURDAY MORNINGS, OR A NUMBER OF WORKS -- DAYS PER YEAR.

THE OTHER TIMES THERE'S NO PARKING PROBLEMS THE PLACE IS EMPTY. THE CITY IS TAKING ON, ALTHOUGH THE COSTS ARE MINUSCULE, THEY ARE TAKING ON AN ADDED RESPONSIBILITY TO KATE ON ONE MORE THING FOR US TO TAKE CARE OF WITHOUT INCREASING THE PAY OUT OF THE BUDGET.

IT DOES NOT HAVE A BUDGET. I REALIZE THE AMOUNT OF MONEY WE ARE TALKING ABOUT IS MINUSCULE, WHAT I WOULD WONDER INSTEAD OF DOING THIS, WHITE THEY ARE NOT LOOKING AT WAYS TO MANAGE THE PARKING SO PEOPLE DON'T SHOW UP THERE ON SATURDAY MORNING AND THEY SPRINTED OUT OVER SATURDAY, SUNDAY AND SO FORTH.

I LOOK AT THIS AS AN UNFUNDED MANDATE AND IF WE'RE WILLING TO PUT MONEY IN THE BUDGET, WHICH I DON'T THINK WE ARE, TO PAY FOR THIS I WOULD VOTE FOR IT. IT IS A MATTER OF PRINCIPLE.

IT MAY SEEM PETTY, BUT I WILL NOT VOTE FOR THIS.

I THINK WE ARE ADDING ONE MORE THING FOR THE CITY TO DO WITHOUT

GIVING US MORE MONEY TO DO IT. >> ANY OTHER DISCUSSION?

>> THANK YOU MAYOR. WHAT KIND OF MONEY WILL THIS COST US TO PUT SIGNS OF? PROVIDING SOMEONE SHOWING THEM WHERE TO PARK WHETHER IT IS A SIGN OR WHATEVER THE CASE.

IF IT IS TO HER FOR THREE MONTHS FOR SOCCER SEASON, IF IT HAS AN ABUNDANCE OF PARKING, HOW MUCH WILL THAT COST US?

>> THE NOTE PARKING SIGNS FOR THE CITY WORK CONSTRUCTED BY THE CITY BUT THEY HAVE BEEN REIMBURSED.

THERE'S ANOTHER SIGN THAT WAS DEVELOPED WITH THE APPROVAL OF MR. HILLMAN WHO REPRESENTS BOTH COMMERCIAL RANGE THAT INDICATES THIS IS THE PARKING AREA. THE COST OF THOSE SIGNS ARE

[00:20:04]

EXCEPT THE PROPERTY AS IT IS, WE DON'T HAVE TO PUT DOWN GRAVEL OR LIMESTONE OR ANYTHING LIKE THAT, IT IS AS IS AND YES THE COST IS

THEREFORE THE SIGNAGE. >> COMMISSIONER.

>> ARE THERE ANY OTHER TERMS OF THE LEASE AS TO WHAT TYPE OF STATE WE HAVE TO KEEP THE PROPERTY IN, AND IS THERE, ARE WE BEING OFFERED YEARS THAT ARE LOCKED IN.

WHAT MY CONCERN WOULD BE, WHAT IF WE ARE OFFERED THIS, AND A FEW YEARS DOWN THE ROAD, HOW IS IT WRITTEN, DO WE HAVE TO AGREE TO CANCEL, OR CAN THE PROPERTY OWNER RETURN IT.

>> THERE IS A 30 DAY TERMINATION NOTICE BY EITHER PARTY, IF IT BECOMES UNMANAGEABLE FROM A CITY STANDPOINT, WE CAN TERMINATE WITH NOTICE, TO THE PROPERTY OWNER BECAUSE BOAT PAYMENT IS HERE AND MISS EMILY IS HERE IF YOU HAVE ANY QUESTIONS.

BUT THERE IS A 30 DAY TERMINATION PROVISION.

>> A FURTHER QUESTION, IF I AM CORRECT BECAUSE THAT IS PRIVATE PROPERTY, REGARDLESS OF WHETHER OR NOT THEY DO THIS AS A GOOD GESTURE, THEY COULD STILL PUT NO PARKING SIGNS ON THE PROPERTY, DO WE HAVE ANY LEGAL RIGHT TO PARK THEIR QUICKSAND I THINK IT SAYS IT WILL NOT BE ASSIGNED ITS OWN PARKING.

THEY WOULD HAVE TO TERMINATE THE AGREEMENT AND THEN SIGN IT AS NO

PARKING. >> WITH THE CURRENT AGREEMENT WE CANNOT ASSIGN IT BUT WITH THE NEW ONE, WE CAN DO IT.

>> NO PARKING SIGNS ON THE ROAD ALREADY INSTALLED.

WE INTENDED, THIS CONVERSATION GOES BACK 304 MONTHS.

WE PUT THE SIGNS UP IN ORDER TO GET AHEAD OF SOCCER SEASON.

BOTH SIDES ARE UP. THEY WILL REIMBURSE THE CITY.

THE OTHER SIGN, INDICATING THE ALTERNATIVE PARKING SITE, THOSE

HAVE TO BE RESOLVED. >> A FINAL QUESTION, IS THERE A LEVEL OF STANDARDS THAT THE CITY HAS TO MAINTAIN OR --

>> IS IS REASONABLE. >> UNDERSTOOD.

>> COMMISSIONER ROSS. >> STATE YOUR NAME.

>> EMILY I REPRESENT THE DEVELOPERS.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

IT IS JUST AN OFFER TO YOU. THE SIGNAGE IS UP ALONG THE BAILEY ROAD. IT HOLDS 60 PARKING SPACES.

AND WE WOULD BE HAPPY TO DO IT IF YOU WANT.

>> COMMISSIONER ROSS. THANK YOU FOR THE OFFER.

IT IS MINUSCULE. I THINK THERE ARE OTHER WAYS IT CAN BE HANDLED INSTEAD OF INCREASING THE CITY COST.

>> TO ADDRESS COMMISSIONER ROSS.ABOUT THE CITY INCURRING MORE CALLS, I SUGGEST WE SEND A BILL FOR THE MAINTENANCE OF THE PARKING SPACE. THAT WAY, IT WILL OFFSET OUR

COSTS. >> WILL YOU AMEND IT SO THE

MOTION READS THAT WAY? >> PAY FOR THE MAINTENANCE WHICH WOULD BE CUTTING THE GRASS, HAVE WE SEEN THE GARBAGE AT?

>> DO YOU ACCEPT THAT? >> IT WAS MY SECOND.

ALSO SEEING THAT IT WAS MY SECOND CANNOT REALLY CURB BALL.

SET UP MAKING THEM PAY FOR IT CAN WE ASK THEM TO SEND A LETTER AND SAY WILL BE MOLD THEIR PROPERTY FOR US.

>> TO CLARIFY, THIS IS ALVAREZ AND I DON'T THINK THE LITTLE

LEAGUE PLAYS? >> IT IS A SOCCER LEAGUE.

>> I THOUGHT YOU WERE TALKING LITTLE LEAGUE BASEBALL.

>> I DO ENJOY THAT, THAT IS GOOD.

[00:25:10]

I ACCEPT. >> OKAY SO WE HAVE AND AMENDED

MOTION, ENTAILS CRACKS. >> I WANT TO MAKE SURE THE SOCCER LEAGUE ABSORB ANY AND ALL COSTS ASSOCIATED WITH THIS.

>> AS. ABSOLUTELY.

YOU ARE CORRECT. PUT THEM ON NOTICE AND THEY

ACCEPT THE RESPONSIBILITIES. >> BEFORE THE CORRESPONDENCE GOES OUT I WILL SHARE IT WITH YOU.

>> CAN I ASK ANOTHER QUESTION? >> IF YOU TURN THE LIGHT ON.

>> COMMISSIONER ROSS. >> IS THAT ACCEPTABLE TO THE

OWNER? >> ALL RIGHT MADAME CLERK, WILL YOU PLEASE CALL THE VOTE. (ROLL CALL).

[7.4 AGREEMENT APPROVAL - POLCO NATIONAL RESEARCH CENTER]

>> THE MOTION PASSES 5-0. >> SEVEN-POINT FOR AGREEMENT APPROVAL OF THE NATIONAL RESEARCH CENTER.

>> THIS WAS BROUGHT TO YOU BY THE COMMISSION, PREVIOUS COMMENTS WHERE WE WANTED TO PURSUE OTHER OUTREACH EFFORTS.

THEY HAVE MERGED WITH THE RESEARCH CENTER WHICH WAS THE FIRM THAT PREVIOUSLY DID THE TWO ITERATIONS OF THE NATIONAL COMMUNITY SURVEY. ONE IN 2017 AT 12019.

WHAT THIS WILL PROVIDE FOR, NOT ONLY ANOTHER VERSION OF THE NATIONAL CITIZEN SURVEY BUT PROVIDE A PUBLIC OUTREACH TOOL THAT WE CAN ACTUALLY PULL OR OFFER QUESTIONS, WITH NO LIMIT TO THE QUESTIONS WE ASKED. WE CAN SCREEN THE RESPONDENTS THROUGH THE USE OF VOTING RULES SO THAT WE CAN SCREEN CITY VOTERS VERSUS NON- CITY VOTERS. @THEY CAN SUBSCRIBE TO THIS AND AS THE RESULTS ARE GENERATED, THEY WILL GET AN E-MAIL SHOWING YOU PARTICIPATED IN THIS POLL AND ANSWER THIS QUESTION AND HERE ARE THE RESULTS. IT IS A ONE YEAR PROGRAM THAT WE WILL MAKE GREAT USE OF. THIS WILL SPECIFICALLY, I THINK ABOUT MAYOR RAISE THE POINT OF HOW DO WE GO FORWARD WITH THE WATERFRONT. THIS IS THE COURSE OF ACTION AND IT HAS ANOTHER CITIZEN SURVEY, IF APPROVED THEY WILL SIGN AND THEY WILL DRAFT THE QUESTIONS FOR THAT SURVEY IN THE COURSE OF

THE NEXT 60 DAYS. >> RECOMMEND APPROVAL.

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

COMMISSIONER ROSS? >> I WAS GOING TO MAKE A MOTION

TO APPROVE. >> VICE MAYOR?

>> I THINK THIS IS IMPORTANT NOT ONLY FOR THE WATERFRONT BUT WE DISCUSSED THIS BEFORE, FOR THE LAST TWO YEARS, 2017 AND 2019 WE GOT THE SURVEY, AND THE NUMBERS, IT SEEMS IT IS THE MOST EFFECTIVE TOOL WE HAVE BEEN THE CITY TO EVALUATE WHAT THE CITIZENS THINK WE ARE DOING. THE FACT THAT WE CAN ADD QUESTIONS, I THINK IT IS WELL WORTH IT.

>> THANK YOU SERVED. >> ANY OTHER COMMENTS? I DON'T SEE ANY. MADAME CLERK WOULD YOU CALL THE VOTE. (ROLL CALL).

[7.5 AGREEMENT APPROVAL - AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY FUND]

>> IT PASSES 5-0. 7.5 OF RESCUE PLAN ACT, THE

CORONAVIRUS, RECOVERY FUNDS. >> THANK YOU MR. MAYOR THIS IS A FORMAL AGREEMENT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT EXCEPTING $6.6 MILLION OF FEDERAL RECOVERY FUNDS, CURRENTLY REFERRED TO AS THE AMERICAN RESCUE PLAN.

THESE WILL BE DEPOSITED INTO A DEDICATED ACCOUNT, AND WE COULD HAVE THOSE FUNDS SHORTLY AND THE OTHER HALF WITHIN THE NEXT YEAR END THEY MUST BE EXPENDED NO LATER THAN DECEMBER 2024.

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

[7.6 PROPOSAL APPROVAL – UNITED HEALTH CARE - VISION COVERAGE]

>> A PROPOSAL PROVEN TO UNITED HEALTHCARE VISION COVERAGE.

[00:30:03]

>> THEY HAVE PROVIDED INSURANCE BEFORE THEIR PREMIUM DECREASE BUT IT DOES PROVIDE HIGHER BENEFITS.

THIS IS SOLELY FUNDED BY THE USERS OF THE PLAN AND FUNDED BY THE CITY STAFF A MOTION AND A SECOND.

MADAME CLERK PLEASE CALL THE VOTE.

(ROLL CALL). >> ITEM 7.7 AMENDED RESOLUTION

[7.7 AMENDING RESOLUTION 2021-81 - REVISED STIPULATION OF PARTIES - RAILROAD]

RAILROAD. >> CITY COMMISSION PREVIOUSLY ADOPTED RESOLUTION 2021-81 WHICH APPROVE SIMULATION OF PARTIES BETWEEN THE CITY AND THE DEPARTMENT OF TRANSPORTATION.

THE INTENT WAS TO ALLOW FOR THE OPENING OF ALACHUA STREET CROSSING. THE RAILROAD HAS REQUESTED THREE CHANGES TO THAT AGREEMENT. UNNAMED TITLE FROM ENGINEER TO ROADMASTER. THE NUMBER OF MOVEMENTS FROM ( INDISCERNIBLE ) DELTA 28 AND PART THREE WAS SPECIFICALLY THEY WILL PURSUIT LOOKING FOR THE CLOSER ELSEWHERE.

>> LEVEL MOTION. I RECOMMEND APPROVAL.

>> I SECOND PERIOD. >> I WILL VOTE FOR THIS.

>> IT WENT FROM'S NUMBER SEVEN WHICH WHEN IT WENT FROM ALACHUA STREET. NOW THEY ARE GOING TO 20 MINIMUM WHICH MEANS ARE LIMITED. LET US POINT OUT THE TRAIN TRAFFIC IS INCREASING FOR WHATEVER REASON.

I AM NOT SAYING IS GOOD OR BAD, THERE IS A QUESTION ON WHETHER THERE IS A FENCE ON ONE SIDE OR BOTH SIDE AND THE CITY MANAGER SAID THEY WILL LOOK INTO THAT. I WILL VOTE TO APPROVE THIS.

>> ANY OTHER COMMENTS? >> I DON'T SEE ANY.

COMMISSIONER STURGIS. >> I BRIEFLY WANT TO SAY I WOULD PREFER TO SEE MORE TRAIN TRAFFIC THAN SEMI TRAFFIC FOR OUR AREA.

THAT MAY BE THE REASON THEY ARE OPENING THEIR PARAMETERS FOR

BUSINESS WHICH IS A GOOD THING. >> I'M NOT SAYING IT IS GOOD OR

BAD,. >> THANK YOU SIR.

ADAM CLERK CALLED THE VOTE. (ROLL CALL).

[7.8 FACILITY ENCROACHMENT AGREEMENT - CSX TRANSPORTATION, INC.]

>> THAT PAST 5-0. 7.8 FACILITY ENCROACHMENT

AGREEMENT CSX TRANSPORTATION. >> THIS IS AN AGREEMENT TO PROCEED WITH STORMWATER APPROVAL ON ALACHUA STREET.

THE ENCROACHMENT LICENSING FEE IS $35,000 AND A REVIEW FEE OF $3,500. BOTH OF THOSE AMOUNTS GO TO THE

STORMWATER APPROVAL. >> RECOMMEND APPROVAL.

>> I HAVE A MOTION AND A SECOND. MADAME CLERK COULD YOU PLEASE CALL THE VOTE. (ROLL CALL).

[7.9 SOLE SOURCE VENDOR APPROVAL - ALLIED UNIVERSAL CORP.]

>> IT PASSES 5-0. 7.9 SOLE-SOURCE VENDOR APPROVAL ALLIED UNIVERSAL CORE. THIS IS A REQUEST FOR APPROVAL FOR THE REQUESTS OF POURING CHLORINE GLASS -- GAS AND SULFUR

DIOXIDE FOR FISCAL YEAR. >> I HAVE A MOTION AND A SECOND.

ANY DISCUSSION? ICING ON.

MADAME CLERK PLEASE CALL THE VOTE.

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

[8.1 COMPREHENSIVE PLAN AMENDMENT - PRIVATE PROPERTY RIGHTS]

WILL THE CITY MANAGER ADDRESS THIS?

[00:35:03]

>> ORDINANCE 2021 -- 28 AND ORDINANCE OF THE AMENDING COMPANY AND SUPPLANTED BY REPLACING GOLDMINE WITH PRIVATE PROPERTY RIGHTS ELEMENT AS REQUIRED BY FLORIDA STATUTE 163.3177 SUB SIX SUB I PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THIS WAS REQUIRED BY STATE LAWS I CITED. AND THAT IS THE LANGUAGE THAT COMES ON THE BILL. IT WAS ENDORSED BY THE PLANNING ADVISORY BOARD AND MY UNDERSTANDING IS THAT THEY HAVE TALKING THE COMMUNITY AMONGST THE COMMISSIONERS AND YOUR CONSTITUENTS, ( INDISCERNIBLE ) LOVE WOULD THEM AN ENVIRONMENTAL ADVOCACY GROUP, THEY ARE RECOMMENDING SOMETHING DIFFERENT THAT WE HAVE NOT HAD A CHANCE TO RESEARCH, AND WE WOULD LIKE THE CHANCE TO DO THAT. SO I RECOMMEND YOU ADOPT THIS AT FIRST READING. YOU ADOPT IT AT SECOND READING BECAUSE WE CANNOT MOVE FORWARD WITH ANY LAND-USE COMMITMENTS OR ANYTHING ELSE IN THE PLANT UNTIL WE PASS THIS.

WE CAN PASS THE SIMPLE STATE REQUIRED VERSION, IT DOESN'T HURT THE CITY. WE HAVE TO PASS WITH THE MINIMUM

LANGUAGE, WE CAN ADD MORE LATER. >> I MAKE A MOTION TO ACCEPT THIS AS WRITTEN, WITH THE FOLLOWING AMENDMENT, THAT WE ACCEPTED AT THIS READING AND AT THE SECOND READING BUT ON TOP OF THAT, REFERRED THIS BACK TO THE PAD FOR FURTHER EVALUATION AT THEIR EARLIEST CONVENIENCE FOR THE PROPOSAL BY THE FRIENDS OF

FLORIDA. >> SECOND.

>> I HAVE A MOTION AND A SECOND. THE PUBLIC COMMENT RIGHT NOW?

>> IF NO ONE HAVE ANY QUESTIONS. >> DOES ANYONE HAVE ANY QUESTIONS? I'M SORRY, VICE MAYOR.

>> I'M JUST THINKING THE THOUSAND FRIENDS OF FLORIDA IS A WEBINAR. I AGREE WITH CHIP, AS WE REVIEW IT, AND WE COME BACK FOR THE SECOND READING.

>> IT IS A LITTLE DIFFERENT. >> COMMISSIONER ROSS?

>> I WOULD LIKE TO COME BACK, I AM NOT PROPOSING YOU GO WITH THE

THOUSAND FRIENDS OF FLORIDA. >>

>> LET THEM DO WITH THEY NEED TO DO.

>> COMMISSIONER. >> THANK YOU MR. MAYOR.

I WANT TO MAKE SURE THAT I'M COMPLETELY CLEAR ON WHAT THIS MOTION IS DOING. IF WE IMPROVE IT WEEK APPROVED THE ORDINANCE AS WRITTEN'S. IF WE IMPROVE IT AGAIN BUT THE MOTION WILL TRIGGER THEM TO RECEIVE IT BACK AND SAY

SOMETHING ELSE? >> NOT RECEIVE IT BACK, IT IS PAST. BUT CONSIDER WHETHER WE WILL AMEND IT AGAIN GOING FORWARD IN THE FUTURE.

>> I AM OKAY WITH THAT. >> ANY OTHER DISCUSSION? ICING ON. ON CLERK PLEASE CALL THE VOTE.

(ROLL CALL). >> IT PASSES 5-0.

YOU WROTE ON YOUR PUBLIC COMMENT PAB?

>> ( INDISCERNIBLE ). >> THE CITY OF FERDINAND BEACH

[8.2 COMPREHENSIVE PLAN AMENDMENT - PORT FACILITIES ELEMENT]

163-POINT 3178 SUB TWO K. >> I MOVED TO APPROVE AND I HANDED THIS OUT PRIOR TO THE MEETING THE AMENDMENT WOULD BE ON THE POLICY AND I THINK THIS WAS CHANGED, THAT INSTEAD OF THE FUTURE LAND USE MAP AS AMENDED FROM TIME TO TIME THAT IT READS IN EFFECT ON JANUARY 2021 AND THE REASON FOR THAT IS, THAT IS THE DATE WHERE THE CONSERVATION LAND WAS SET.

[00:40:02]

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

ANY FURTHER DISCUSSION? ARE YOU HERE FOR ADVICE OR WOULD YOU LIKE TO SPEAK? YES, MA'AM.

>> I'M HERE TONIGHT FOR PAB. WE WOULD BE GLAD TO ACCEPT THESE AMENDMENTS. THEY DO NOTHING MORE THAN TO STRENGTHEN THIS POLICY. I WROTE YOU ARE A LETTER THE OTHER DAY, I HEARD BACK FROM COMMISSIONER ROSS.

I JUST WANT TO SAY THAT THE PAB, THIS HAS BEEN A LONG-STANDING ISSUE WITH THE CITY AND WE HAVE WORKED HARD TO GET THIS CORRECTED, AND GET A COMP PLAN, SUB ELEMENT APPROVED.

THAT IS OUR ONLY GOAL FROM THE SUBCOMMITTEE.

MEMBER STEPHENSON WHO IS HERE, AND THE OTHERS WORKED REALLY HARD, OVER SIX MONTHS, ALONG WITH COMMISSIONER HILL, TO WRITE A POLICY STATEMENT THAT WORKS FOR THE CITY NOW, MAYBE WILL OPEN UP AND LOOK AT IT AGAIN. I'M HERE IF YOU HAVE ANY QUESTIONS. THANK YOU VERY MUCH AND I WANT TO THANK THE SUBCOMMITTEE FOR THEIR HARD WORK ON THIS AS WELL.

>> ANY QUESTIONS? >> I THINK THERE WAS A PUBLIC

COMMENT. >> YES.

>> TAMMY. 322 NORTH THIRD.

I JUST WANTED TO COMMENT WITH ALL OF THE RECENT ACTIVITY CONCERNING THE PORT IT HAS SPURRED A LOT OF COMMUNITY INVOLVEMENT AND ENGAGEMENT AND NOT JUST IN OUR NEIGHBORHOOD.

IT HAS BEEN ALMOST ISLANDWIDE NOT JUST OUR NEIGHBORHOOD.

IT HAS BEEN A VERY GOOD SITUATION I BELIEVE BECAUSE SOME PEOPLE HAVE ATTENDED CITY GOVERNMENT MEETINGS THAT DID NOT EVEN KNOW THEY EXISTED. I HAVE TWO SHOUT OUTS.

TWELVE 12 OF MY NEIGHBORS FOR THEIR FIRST GOVERNMENT MEETING THAT THEY CAME TO WHICH WAS THE SUBCOMMITTEE MEETING.

IT WAS LONG AND GRUELING, AND THEY STAYED FOR MOST OF IT.

THE SECOND SHOUT OUT IS TO THE PAB AND THE PORT ELEMENT SUB COMMISSION MEETING. THIS GROUP WAS, DETAILED AND THOROUGH AND THERE WAS NOTHING CAPRICIOUS ABOUT WHAT THEY DID AND WE WATCH THEM WORK VERY WELL WITH COMMISSIONER HILL WHO WAS THERE. I BELIEVE THAT WHAT IS PUT FORTH NOW, IS THE BEGINNING THAT IT WILL PROTECT THE CITY.

IT STRENGTHENS WHAT WE HAVE. YOU WON'T -- IT WILL HELP THE

[00:45:02]

PLEASE JOIN US. >> THANK YOU.

>> ANY OTHER COMMENT? >> VICE MAYOR?

>> I THINK IT IS A LONG TIME COMING.

I AM CONCERNED, IT IS INTERESTING, WE WERE PUTTING THIS IN THE PROPER ELEMENT BY STATE LAW AND YET, THE PORT IS COVERED BY A TOTALLY DIFFERENT STATE LAW.

THERE ARE CONFLICTS. WHAT WE ARE TELLING THEM TO DO, WE'RE SAYING YOU CAN'T DO IT AND WE JUST WENT THROUGH THIS.

ONE OF THE ITEMS WAS EMINENT DOMAIN IN CHAPTER 13 OR SECTION 13. THAT BEING SAID, I HAVE PUT THE STATE LAW ON OUR LEGISLATIVE REQUEST THAT WE CAN MOVE FORWARD AND PUSH CHANGES IN THIS AND I HAVE SOLICITED COMMUNITY SUPPORT, HOPEFULLY TO MOVE THIS FORWARD BUT THE LEGISLATIVE'S WAP TO DO MORE THAN US AND I THINK THAT IS THE NEXT STEP BUT I DO COMMAND -- COME IN THE PAB AND THE CITIZENS FOR WHAT THEY HAVE DONE. TWELVE YEARS AGO WE DEALT WITH THIS. IT HAS BEEN A WILD.

>> THANK YOU MR. MAYOR, IT'S NEVER A BAD TIME TO THANK THEM FOR THE WORK THEY DO. THEY ARE THE BUSIEST COMMITTEE AND THE CITY. I JUST WANT TO SAY THANK YOU, ANOTHER GOOD JOB. THANK YOU SO MUCH.

>> ANY OTHER DISCUSSION? I SEE NONE, MADAME CLERK WILL YOU PLEASE CALL THE VOTE. (ROLL CALL).

[8.3 (Quasi-judicial) VOLUNTARY ANNEXATION - 2754 & 2766 BAILEY ROAD]

>> IT PASSES 5-0. >> ITEM A .3 VOLUNTARY ANNEXATION 2754 AND 2766 BAILEY ROAD.

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

>> WE HAVE WAS A JUDICIAL HEARING SPIRIT.

>> ORDINANCE 2021 -- 30 ANNEXING APPROXIMATELY 4.85 ACRES OF LAND LOCATED AT 2754 AND 2766 BAILEY ROAD CONTINUOUS TO THE CITY LIMITS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BEFORE ANY MOTIONS ARE MADE, THIS IS A QUALIFIED JUDICIAL HEARING AND WHAT I AM ABOUT TO SAY IN TERMS OF OUR PROCESS FOR THE HEARING WILL APPLY TO THE OTHER ITEMS NOTICE THAT -- NOTED AS QUASIJUDICIAL AS WELL.

TONIGHT ZÜRICH WILL BE CONDUCTED AS A QUASIJUDICIAL HEARING AS WE DO FOR ANNEXATIONS AND ZONING. WHAT THAT MEANS IS, THERE WILL BE CITY SAPPY OR TO MAKE A CASE IF THEY NEED TO AND PRESENT EVIDENCE BUT YOU DO HAVE EVIDENCE AND DOCUMENTS AND MAPS IN YOUR PACKETS WHICH ARE INCORPORATED INTO AND WILL BECOME PART OF THE RECORD OF THE HEARING.

IF THERE ARE ANY QUESTIONS, YOU CAN ASK THOSE QUESTIONS BUT I DON'T THINK MS. GIBSON HAS A PRESENTATION OR SIZE REAPPEAR.

>> THEN THE APPLICANT AND AGENT CAN COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS AND YOU WILL PRESENT EVIDENCE AND TESTIMONY. ANYTHING YOU PRESENT AS PART OF THE RECORD THAT WAS PRESENTED WITH THE STAFF REPORT.

THE APPLICANT AN AGENT MAY ASK QUESTIONS OF THE PARTIES, CITY AND THE APPLICANT, THEY MAY CROSS-EXAMINE EACH OTHER.

THEY MAY CALL WITNESSES, CROSS-EXAMINE EACH OTHER'S WITNESSES. IF THERE IS AN APPEAL OF THE CITY COMMISSION'S DECISION, THAT VOTE IS TAKEN AT THE NEXT READING. WE DO NOT DO A VOTE AT FIRST READING WE DO IT AT THE SECOND READING.

IF THERE IS AN APPEAL AFTER THE SECOND READING, THAT APPEAL WILL TAKE 30 DAYS, IT TAKES TO THE CIRCUIT COURT 30 DAYS AFTER THE VOTE AND DECISION ON THAT. THOSE RULES APPLY TO EACH AND EVERY CASE. YOUR DECISION IS BASED ON EVIDENCE AND WE FOLLOW THESE ESSENTIAL REQUIREMENTS OF THE LAW WHICH MEANS YOU HAVE STATUES AND CODES AND THE DUE PROCESS.

THERE IS NO TIME FOR ANYONE WHO IS PEEKING FROM STAFF OR WITNESSES. WE WILL HAVE -- THE CITY CLERK

[00:50:01]

ARE THERE ANY QUESTIONS? >> I JUST WANT TO MAKE SURE I'M CLEAR. WE ARE DOING TWO SEPARATE PARCELS. WE ARE DOING THIS TWICE TONIGHT.

SO, THE FIRST AIRING IS THE ANNEXATION AND IT IS A VOLUNTARY ANNEXATION AND THEY'RE COMING AS A QUASIJUDICIAL.

THE VOTE ON THAT IS THAT -- THE SECOND READING.

AND THE AMENDMENT WHICH FOLLOWS IS A LEGISLATIVE NON- QUASIJUDICIAL, AND SO, THAT VOTE --

>> TONIGHT. YOU WILL VOTE TONIGHT LIKE YOU

NORMALLY DO. >> WILL VOTE ON THAT ONE TONIGHT AND THE THIRD IS THE ZONING, MAP AMENDMENT WHICH WILL FOLLOW THE FUTURE LAND USE MAP AMENDMENT AND IT IS A QUASIJUDICIAL HEARING AND AGAIN THAT VOTE WILL FOLLOW UP WHEN HE COMES BACK, IS

THAT CORRECT? >> YES, THAT IS CORRECT.

>> THERE ARE TWO DIFFERENT SETS. THERE'S ONE VOTE TONIGHT AND THE OTHER TWO THAT DID NOT GET VOTED ON.

>> OF NONTESTIFYING I'M NOT UNDER OATH.

THIS IS FOR 2754 AND 2766 BAILEY ROAD.

THESE PROPERTY IF FOR SOME REASON, AS WE VOTE TONIGHT, WE ARE VOTING ON TWO OUT OF SIX ITEMS. EACH ONE WILL BE THE FUTURE LAND USE MAP AMENDMENT, FOR SOME REASON THE BOAT IS NO, ON EITHER OF THESE FORD CHANGE IN THE FUTURE LAND USE WE DO NOT GO ON TO THE ZONING.

THERE IS NO SENSE IN GOING ON TO THE ZONING HEARING.

>> AT THE NEXT MEETING THEY COULD WITHDRAW THEIR APPLICATION

FOR THE ANNEXATION. >> YES, THEY COULD.

YOU HAVE TO PASS ALL OF THESE BY ORDINANCE AND TWO READINGS.

THE SECOND SET, THE SECOND ANNEXATION IS FOR PROPERTY THAT IS CURRENTLY ZONED COMMERCIAL, AND THE REQUEST FROM THE APPLICANT IS TO HAVE ASKED IS, WE CALL IT MU1 IT IS COMMERCIAL AND RESIDENTIAL, WE DON'T KNOW THE PROJECT, AT LEAST I DON'T, SO YOU CAN ASK, THEY CAN ANSWER. BUT THAT ONE IS ANSWERING -- ASKING FOR RESIDENTIAL USE WITHIN THE MIX ZONING.

>> I JUST, I KNOW THE ANSWER BUT I WANT TO MAKE IT PERFECTLY CLEAR. WHEN YOU SAY, THE APPLICANT CAN TELL YOU ( INDISCERNIBLE ) BUT ONCE YOU PASS THE ZONING, THEY CAN BUILD WHATEVER THEY WANT FOR THE LAND DEVELOPMENT CODE IN THE FUTURE, IS THAT CORRECT MARK SANCHEZ CORRECT.

>> SO THEY CAN SAY HYPOTHETICALLY, YOU THEY CAN PROMISE YOU ONE THING BUT THEY ARE NOT HELD TO THAT, ONCE YOU PASS THE ZONING IT IS WHATEVER IS IN THE ZONING, IS THAT

CORRECT? >> YES, THAT IS CORRECT.

ANY OTHER QUESTIONS? >> THIS IS QUADS LIGHT JUDICIAL.

>> ANYONE WHO WILL SPEAK IN THE QUARTZITE JUDICIAL HEARING, YOU NEED TO BE SWORN IN MADAM COURT -- MADAM CLERK IF YOU WILL SWEAR

THE MEN. >> WE HAVE TO DO IT FOR ALL OF

THE QUASIJUDICIAL. >> PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM THAT THE STATEMENTS AND REPRESENTATIONS YOU WILL PRESENT TO THIS COMMISSION WILL BE TRUTHFUL AND ACCURATE? (SPEAKING AWAY FROM MICROPHONE).

>> THANK YOU MADAM CLERK. >> WE ARE TAKING TESTIMONY

FIRST? >> EACH ONE WILL HAVE AN ANNEXATION FIRST PAIR 2754 AND 2766.

AND THEN THIS IS THE ANNEXATION. >> IS THE APPLICANT HERE ON

BAILEY ROAD? >> YES, SIR.

>> PLEASE COME FORWARD. SAY YOUR NAME AND ADDRESS FOR

THE RECORD. >> I AM IN FERNANDINA BEACH.

WE ARE HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

[00:55:02]

>> ANY QUESTIONS OF MR. GILLETT. >> RUBLE?

>> NO VOTING. >> IT IS BECAUSE I JUDICIAL.

WOULD DROP MY STATEMENT. >> DO WE WANT TO HEAR FROM THE PLANNING COMMITTEE ON THIS? COMMISSIONERS?

>> I AM FINE. >> ANY OTHER PUBLIC COMMENT.

HEARING NONE. >> THIS IS ON THE ANNEXATION?

>> YES. >> SO WE ARE DONE.

>> AFFECTED PARTIES. >> ANY AFFECTED PARTIES LIKE TO SPEAK? I SEE NONE.

I WILL CLOSE THE HEARING. THE HEARING IS CLOSE.

[8.4 (Legislative) FUTURE LAND USE MAP ASSIGNMENT - 2754 & 2766 BAILEY ROAD]

THIS IS WHAT WE WILL VOTE ON TONIGHT.

>> ANY MOTIONS. >> MOTION.

>> SECOND. >> 13.

-- I HAVE A MOTION AND A SECOND. >> YOU WANT TO VERBALIZE WHAT WE'RE DOING. THIS IS A NO-BRAINER.

THIS WHOLE THING IS A NO-BRAINER.

WE ARE BRINGING RESIDENTIAL PROPERTY INTO THE CITY AND THEY WILL PAY CITY TAXES AND HELP. WE ARE EXCITED TO MAKE THAT

HAPPEN. >> COMMISSIONER ROSS.

>> I NEVER KNOW IF IT IS A NO-BRAINER,.

>> ANY OTHER COMMENTS HEARING NINE, MADAM CLERK CALLED THE VOTE. (ROLL CALL).

[8.5 (Quasi-judicial) ZONING MAP ASSIGNMENT - 2754 & 2766 BAILEY ROAD]

>> IT PASSES 5-0. THIS IS QUARTZITE JUDICIAL FOUR A .6 SO WE WILL FOLLOW THE SAME PROCESS.

ANY PARTIES WHO WISH TO SPEAK? >> MAY I READ THE TITLE FIRST?

>> YES, MA'AM. >> ORDINANCE 2021-33 ASSIGNING A ZONING CATEGORY OF LOW DENSITY RESIDENTIAL ARE ONE FOUR 4.5 ACRES OF LAND LOCATED AT 2754 AND 2766.

THIS APPLICATION FOR REZONING IS TO REZONE TO THE LOWEST DENSITY

WE HAVE IN THE CITY. >> THANK YOU.

I'M PRETTY SURE THAT IS ALL STAFF.

THE STAFF REPORT UNLESS THE COMMITTEE HAVE ANYTHING TO ADD.

>> NO COMMENT FROM THE APPLICANT OR STAFF.

ANY AFFECTED PARTIES WE WILL CLOSE THE QUASIJUDICIAL HEARING.

[8.6 (Quasi-judicial) VOLUNTARY ANNEXATION - LOT 8 BLOCK 267 SOUTH 15TH STREET]

>> ITEM A .6 VOLUNTARY ANNEXATION LOT EIGHT BLOCK 267

SOUTH 15TH STREET. >> ORDINANCE 2021 -- 33 ANNEXING APPROXIMATELY 0.9 ACRES OF LAND LOCATED AT LOT EIGHT BLOCK 267 SOUTH 15TH STREET CONTAGIOUS TO THE CITY LIMITS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

PLEASE OPEN THE QUARTZITE JUDICIAL MEETING.

AGAIN THIS IS AN ANNEXATION OF LAND.

LATER YOU WILL SEE THE APPLICATION ALSO ASKED FOR FUTURE LAND USE AND ZONING CHANGES FROM COMMERCIAL TUBE

MIXED USE 1. >> ALL RIGHT THE QUARTZITE JUDICIAL HEARING IS OPEN. THIS IS MR. GILLETT AGAIN.

[01:00:08]

>> YES OR. NAME AND ADDRESS FOR THE RECORD.

>> 9134 SUNRISE DRIVE. STAFF'S RECOMMENDATION.

I AM HERE FOR QUESTIONS. >> ANY QUESTIONS?

>> I HAVE ONE. I LOOKED OVER THE INFORMATION, I AM 1ST AND MULTIPLE FAMILY SO I KNOW A LOT ABOUT IT.

WHAT DENSITY ARE YOU SHOOTING FOR FOR THIS SLIGHTLY UNDER 1 ACRE PARCEL? (SPEAKING AWAY FROM MICROPHONE).

>> THE REQUEST FOR LAND USE HAS CHANGED.

IT WOULD BE EIGHT DWELLING UNIONS -- UNITS PER ACRE AS ALLOWED. I DIDN'T WANT TO GET INTO THAT RIGHT NOW BECAUSE WE ARE DEALING WITH ANNEXATION BUT IF YOU WANT TO HAVE THAT CONVERSATION IT WOULD BE MORE APPROPRIATE FOR

FUTURE LAND USE ASSIGNMENT. >> WHAT IS THAT?

>> A TOWNHOUSE WOULD QUALIFY. >> WHAT IS THE PROPERTY TO THE

SOUTH OF IT. >> LET ME PULL UP A MAP FOR YOU.

>> YOU HAVE EXISTING USE OF CHURCH.

>> VICE MAYOR YOUR LIGHT IS STILL ON.

ANY OTHER QUESTIONS? ANY OTHER AFFECTED PARTIES THAT

WOULD LIKE TO SPEAK? >> I DO NOT SEE ANY AFFECTED PARTIES. CITY ATTORNEY.

>> WELL I AM AN AFFECTED PARTY. >> I WILL CLOSE THE PUBLIC COMMENT. ANY OTHER COMMENTS? I SEE NONE. I WILL CLOSE THE WAS LIKE JUDICIAL HEARING. -- BECAUSE I.

[8.7 (Legislative) FUTURE LAND USE ASSIGNMENT - LOT 8 BLOCK 267 SOUTH 15TH STREET]

>> FUTURE LAND USE ASSIGNMENT. >> ORDINANCE 21 -- 34 ASSIGNING A FUTURE LAND USE MAP CATEGORY OF MIXED-USE FOR .908 ACRES OF LAND LOCATED AT LOT EIGHT BLOCK 267 SOUTH 15TH READ PROVIDING FOR SEVERABILITY AND THIS IS LEGISLATIVE AND YOU WILL VOTE TONIGHT AND THIS IS THE REQUEST CHANGE OR THE MAP FROM

COMMERCIAL TO EXCUSE. >> DO HAVE A MOTION?

>> I MAKE A MOTION TO APPROVE IT.

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

DISCUSSION? DOES EITHER PARTY WANT TO SPEAK

FIRST? >> GOOD EVENING AGAIN.

THIS EVENING THE BOARD IS BEING ASKED TO CONSIDER A LAND-USE FROM COMMERCIAL TO MIXED USE. ONE THING THEY POINTED OUT BUT IT IS OVERLOOKED, THERE IS AN ALLOWANCE FOR LIMITED CARETAKERS AS PART OF ANY COMMERCIAL PROPERTY DEVELOPED IN THE COUNTY , LAND USE ZONING. AS PART OF THE CITY'S COMP PLAN THERE ARE DIRECTION AND POLICY GUYS THAT TELL US WE WOULD WANT TO DOWNSIZE AS WE LOOK AT THE SURROUNDING AREAS.

WE HAVE RESIDENTIAL AND COMMERCIAL MIXED USE WHICH ALLOWS FOR LIMITED COMMERCIAL AS WELL AS RESIDENTIAL IN A PATTERN THAT WOULD BE MORE SUITABLE FOR THE TRANSITIONAL ZONING.

THAT IS, BETWEEN THOSE TWO THINGS, THAT IS WHAT STAFF HAD MORE CONFIDENCE IN RECOMMENDING THE MIXED-USE ZONING THAN THE

[01:05:04]

COUNTY. >> THANK YOU.

>> COMMISSIONER ROSS. >> ANY OTHER SPEAKERS ON THIS?

>> I SEE NONE. >> I WILL BE VOTING AGAINST THIS. I DON'T THINK IT IS A MATTER OF POLICY THAT WE SHOULD TAKE COMMERCIAL WHEN.

THIS WILL BE IS FOR HOUSING. YOU CAN SAY WHAT YOU WANT ABOUT MIXED-USE, I HEAR OVER AND OVER AGAIN, ONE ISSUE THAT COMES UP, WE DON'T WANT MORE CONGESTION, I WILL BE AS A MATTER OF POLICY, (SPEAKING AWAY FROM MICROPHONE) I WILL BE VOTING AGAINST THIS.

NOTHING AGAINST THE PROJECT OR THE PEOPLE, ( INDISCERNIBLE ).

>> COMMISSIONER STURGES. >> I FEEL DIFFERENTLY AND A CHIP ON THIS ONE. IT IS A SMALL PARCEL OF LAND.

IT HAS MIXED-USE ACROSS STREET AND HIGH DENSITY.

IT IS A LIMITED AMOUNT OF UNITS. YOU'RE ONLY TALKING ABOUT EIGHT UNITS. I THINK IT IS A GOOD MIX OF PUTTING FAMILIES TO USE IN AN AREA WHERE THEY SHOULD BEAT NEXT TO THE HOSPITAL AND NEXT TO DIFFERENT BUSINESSES AND A STRIP MALL. I THINK IT IS A GOOD AREA, THAT

IS MY OPINION. >> I WILL BE VOTING NIL.

FOR SIMILAR REASONS TO WHAT CHIP SAID.

WE KEEP REZONING WE WILL GET INTO MORE TROUBLE.

>> COMMISSIONER. >> AFTER HEARING THE COMMENTS, THE BIGGEST CONCERN I HAVE BEEN HEARING ABOUT FROM MANY DIFFERENT PEOPLE IS AFFORDABLE HOUSING.

THIS WOULD BE UP TO EIGHT UNITS THAT COULD HAVE FAMILIES AND SOMETHING WE COULD LOOK FOR. I WILL VOTE YES.

>> ANY OTHER COMMENTS? >> I JUST WANT TO REMIND YOU THAT, THE PROMISE WAS AFFORDABLE HOUSING AND IT DID NOT TURN OUT

THAT WAY. >> VICE MAYOR.

>> IT WAS NEVER AFFORDABLE HOUSING.

I REMEMBER SPECIFICALLY MAKING A MOTION WITH THE COMMITTEE TO INCLUDE AFFORDABLE HOUSING WITH THE -- AND NONE OF YOU WERE HERE. IT WAS ALWAYS MARKET HOUSING.

IT KEEPS COMING UP AND I HAVE TO KEEP CLARIFYING BECAUSE I NEVER

GOT A SECOND PERIOD. >> SPEAKING OF THAT YOU WERE CORRECT. WE DIDN'T MAKE THAT MOTION AND IT DID NOT GET A SECOND PERIOD I WAS SITTING IN THE AUDIENCE AND I REMEMBER. THE PEOPLE CAME IN AND SAID, WE WILL PUT MULTIUSER AND IT WILL BE WORKFORCE AND AFFORDABLE HOUSING AND THAT WAS MADE OVER AND OVER AGAIN.

I THINK WE ARE BOTH CORRECT. >> I JUST WANT TO SAY --

>> NO, SIR. LAUGHTER.

>> I MADE A CAMPAIGN PROMISE OF NO MORE REZONING.

THE REASON I DID THAT IS BECAUSE OF 14TH AND VINE.

THAT WAS COMMERCIAL PROPERTY. YOU MAY REMEMBER THE YMCA PROPERTY THAT WAS RECREATION THAT WAS TURNED INTO HOUSING.

YOU MAY REMEMBER WHAT WAS SUPPOSED TO BE CONSERVATION AND WAS TURNED INTO HOUSING. IF YOU TAKE A RIGHT ON 14TH AND EIGHTH STREET YOU WILL SEE WHAT TOWNHOUSES LOOK LIKE ON A RESIDENTIAL LOT. THERE ARE FIVE OF THEM, IN A RESIDENTIAL NEIGHBORHOOD AND IT LOOKS APPALLING.

THEY ARE CRAMMED IN THEIR. THEY ARE MISPLACED.

AS THE PRICE MAYOR AND COMMISSIONER ROSS INDICATED THIS WILL BE MORE TOWNHOUSES. MORE CONGESTION.

THIS IS INSANITY. OUR ROADS WILL NOT SUPPORT THIS

[01:10:01]

REAL ESTATE PRICES ON THIS ISLAND ARE BEYOND RIDICULOUS.

I WILL NOT BE SUPPORTING THIS. WITH THAT, MADAME CLERK, PLEASE CALL THE VOTE. (ROLL CALL) THAT MOTION FAILED 3-2. ALL RIGHT, ARE WE REQUIRED TO

[9. BOARD APPOINTMENTS]

HAVE 8.8? >> NO.

>> ON TO ITEM NINE COURT APPOINTMENTS.

BEFORE ANY LIGHTS GO ON, BOARD APPOINTMENTS.

OFTEN TIMES IT IS A RACE TO SWITCH TO SEE WHICH COMMISSIONERS CAN PUT THEIR LIGHT ON FIRST.

THEN THEY MAKE THE NOMINATIONS HERE I DON'T KNOW HOW THE REST OF YOU FEEL BUT I NEVER VOTED AGAINST A NOMINEE BECAUSE I BELIEVE THEY VOLUNTEER AND THEY DESERVE OUR SUPPORT.

THIS PLANNING ADVISORY BOARD APPOINTMENT, WE HAVE FOUR APPLICANTS. I WANT TO THANK ALL FOR PEOPLE OR APPLYING. AS WE HAVE TALKED ABOUT, HOW MUCH WORK GOES INTO THESE BOARDS.

HOW MUCH DEDICATION IT TAKES TO THE MEMBERS.

I BELIEVE IN FAIRNESS TO THE APPLICANT'S THAT WE SHOULD HAVE A DISCUSSION ABOUT THE APPLICANT AND THEN COME TO A CONSENSUS ABOUT WHICH IS THE BEST APPLICANT FOR THE BOARD, RATHER THAN BOOK COMMISSIONER WHO PUTS HIS LIGHT ON FIRST.

I HOPE YOU AGREE WITH THAT, LET'S DO THAT.

>> COMMISSIONER ROSS. >> CANNOT GO FIRST.

>> YES, YOUR LIGHT IS ON. >> FIRST OF ALL I WANT TO THANK EVERYONE WHO APPLIES. NUMBER TWO, I CAREFULLY READ EACH ONE OF THE RESUMES. I DIDN'T MAKE A PHONE CALL TO ALL FOUR OF THE CANDIDATES. I CONNECTED WITH THREE OF THEM.

I HAD A NICE CONVERSATION WITH ALL THREE OF THEM.

LOOKING AT THE APPLICATIONS, I THINK THEY WOULD ALL BE GOOD CANDIDATES BUT I WOULD FAVOR FOR DIVERSITY ON THE BOARD, ALTHOUGH I HAD A HARD TIME SIGNING BRANDY CARVALHO SHE HAS BEEN A LIFETIME RESIDENT HERE. SHE HAS A MASTERS IN NATURAL RESOURCES. SHE IS A SUSTAINABILITY MANAGER AND I THINK THOSE THINGS WILL BE HELPFUL TO THE PLANNING BOARD AND TO THE COMMITMENT THAT WE HAVE AS A CITY COMMISSION, WHICH ONE WAS TO PRESERVE CONSERVATION LAND IN THE CITY.

I DID LOOK AT THE OTHER APPLICATIONS, IN FACT AS I AGREE MORE PHILOSOPHICALLY WITH ONE OF THE OTHER CANDIDATES, I THINK I WOULD MAKE A STRONG SUGGESTION THAT WE LOOK AT MRS. CARVALHO AS

THE APPOINTEE. >> THANK YOU SIR.

VICE MAYOR. >> I JUST WANT TO COMMENT HAVING SERVED SIX YEARS ON PAB AND CHIP TOO, A DEDICATION AND THE WORK OF THE PLANNING AGENCY, I LOOKED AT ALL FOUR APPLICANTS CANNOT BELIEVE BRANDY, WOULD BE AN IDEAL CANDIDATE.

I WOULD SUPPORT HER. NOT TO SAY THE OTHERS WERE NOT GOOD. ANYONE WHO PUTS IN FOR THIS.

>> THANK YOU SIR. COMMISSIONER.

>> I WILL ALSO QUALIFIED BY SAYING I DID LOOK AT ALL FOUR OF THEM AND I SPOKE TO SOME IN PERSON.

TO THROW DIVERSITY TO WHO WE ARE SUGGESTING I WOULD SAVE MATT IS THE RIGHT GUY FOR THE JOB. HE HAS EXPERIENCE AROUND THE COMMUNITY. I BELIEVE HE HAS WHAT IT TAKES,

I'D LIKE THAT. >> THANK YOU SIR.

ANY OTHER COMMENTS? STURGIS.

[01:15:04]

>> I THINK WITH THEIR CREDENTIALS, I DID NOT CONTACT ANYONE. I COULD GO WITH EITHER ONE OF THE NAMED SPIRIT I COULD PICK MATT OR BRANDY, EITHER ONE HAS GREAT CREDENTIALS TO SERVE ON THIS BOARD.

>> WITH THAT, AND I WILL ECHO WITH WHAT EVERYONE SAID.

THEY ARE ALL HIGHLY QUALIFIED. AGAIN, THIS IS A NICE PROBLEM TO HAVE. TO HAVE FOUR NULLIFIED VOLUNTEERS TO SERVE. UNFORTUNATELY, WE CAN ONLY PICK ONE BACK. I WOULD URGE THE OTHER 32 PLEASE , CONTINUE TO VOLUNTEER BECAUSE WE HAVE BOARD APPOINTMENTS FREQUENTLY WITHIN THE CITY.

WITH THAT I WILL ENTERTAIN A MOTION.

>> I MOVE THAT WE PICK RANDY FOR THE PLANNING BOARD.

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

>> COMMISSIONER BEING. >> I FEEL STRONGLY ABOUT MATT I WILL BE VOTING NOR HERE -- NO. (ROLL CALL).

>> IT PASSES RE- TO. >> ALL RIGHT,.

[10. CITY MANAGER REPORTS]

>> THIS COULD BE A RECORD. >> IT COULD BE.

>> CITY MANAGER REPORTS. >> THAT WAS A GENTLE WAY OF

SAYING MOVE IT ALONG. >> THANK YOU MAYOR AND COMMISSIONER ROSS. AGAIN I WOULD LIKE TO THANK THE COMMISSIONERS SUPPORT AND PATIENCE FOR RESOLVING THE ISSUE. I DID PROVIDE TO YOU A SPREADSHEET PREPARED WHICH OUTLINES BOOK COSTS THAT WE WILL BE PROVIDING TO FEMA FOR THE GENERAL PUBLIC, THAT AMOUNTS TO $6.9 MILLION. I WILL PROVIDE A COPY TO THE LOCAL MEDIA AS WELL, AS SOON AS WE GET THE NUMBERS I WILL SHARE THAT WITH YOU AS WELL. PRELIMINARY RESULTS ARE $2 MILLION. SO TOTAL THAT WE WILL PRESENT TO FEMA WILL BE APPROXIMATELY $9 MILLION IN ACTUAL COSTS.

THAT WILL GET UPLOADED AND AS YOU ARE AWARE FEMA WILL HAVE 60 DAYS TO REVIEW THE COST AND HOPEFULLY THIS WILL ALL BE PUT TO BED SHORTLY AROUND THANKSGIVING.

I WILL BE OUT OF THE OFFICE NEXT WEEK, WEDNESDAY THROUGH FRIDAY DUE TO A VACATION BUT OTHERWISE, THINK YOU AGAIN AND I LOOK FORWARD TO WORKING WITH YOU. I KNOW WE ARE WORKING THROUGH OUR EVALUATIONS AND THANK YOU FOR YOUR EVALUATION SO FAR.

>> CAN I ASK A QUESTION. >> WE KEEP HEARING OVER AND OVER AGAIN THAT THE CITY LOSS THE PAPERWORK THAT WENT INTO FEMA.

MY UNDERSTANDING IS THAT ALL OF THE PAPERWORK THAT WAS SUBMITTED FROM THE BEGINNING IS WHAT THE FINAL DECISION WAS MADE FROM?

IS THAT CORRECT? >> YES WITH SPECIFICS TO THE LOSS DOCUMENTS. ONE OF THE EARLY FEMA CONTRACTORS PROPRIETOR -- PREPARED A DOCUMENT ON HIS OWN AND IT WAS NEVER PROVIDED TO THE CITY.

SUBSEQUENTLY WHEN THE CITY ASKED FOR A COPY, FEMA ADMITTED THAT THEY DESTROYED THE DOCUMENT, NO LONGER HAVE THE DOCUMENT, AND WHEN THE CONTRACTOR WAS ASKED WHAT THE DOCUMENT DATE ADMITTED THEY DESTROYED THE DOCUMENT WHEN CITY NEVER HAVE THE DOCUMENT IN

FEMA ADMITTED TO DESTROYING IT. >> TO BE CLEAR ALL OF THE PAPERWORK SUBMITTED UPFRONT IS WHAT THE FINAL ADJUDICATION WAS MADE UP. THERE WAS NO NEW INFORMATION PROVIDED. THE CITY WAS NEVER DEFICIT IN

PROVIDING THE PAPERWORK. >> CORRECT.

THE REQUEST FOR ARBITRATION INCLUDED ALL 24 ATTACHMENTS OR

EXHIBITS. >> ANY OTHER QUESTIONS FOR THE

[11. CITY ATTORNEY REPORTS]

THANK YOU SIR. >> ITEM 11, CITY ATTORNEY

REPORTS. >> NEXT TUESDAY, SEPTEMBER 14, I NEED TO ASK YOU TO JOIN ME IN AN EXECUTIVE SESSION KNOWN AS A SHADE MEETING TO DISCUSS A LOSS OF.

WE HAVE A TRIAL SCHEDULED IN NOVEMBER AND AS YOU KNOW FROM AN E-MAIL WE HAD MEDIATION LAST WEEKEND THAT RESULTED IN AN

[01:20:05]

I NEED YOU TO COME BACK FOR OTHER IDEAS BETWEEN NOW AND THE TRIAL. IF WE COULD DO THAT AT 5:00 P.M., UNLESS YOU HAVE QUESTIONS, IT WILL TAKE LESS THAN 30 MINUTES. 5:00 P.M., TUESDAY SEPTEMBER 14.

AND WE WILL DO AN AGENDA. I KNOW VICE MAYOR KRIEGER WE ALREADY SPOKE HE WILL BE OUT OF TOWN AND HE IS OKAY WITH THAT.

I DON'T SEE IT AS BEING CONTROVERSY APPEARED THAT IS A

GOOD THING. >> I HAVE ONE QUESTION.

I WANT TO MAKE MY FELLOW COMMISSIONERS AWARE, IF THEY ARE NOT ON ATLANTIC SEAFOOD AND THEIR INSURANCE.

I MET WITH THE CITY ATTORNEY THIS MORNING, I WAS INFORMED THAT THEY DO NOT HAVE INSURANCE BECAUSE, THE BUILDING IS IN SUCH DISARRAY THAT THEY CANNOT GET INSURANCE COVERAGE.

THEY ARE IN VIOLATION OF THEIR LEASE.

>> CANNOT QUALIFY THAT. THERE IS LIABILITY INSURANCE.

IF SOMEONE GETS HURT ON THE PROPERTY THERE IS INSURANCE THAT IS UP TO DATE AND $1 MILLION WORTH OF INSURANCE OFF OF THE TOP OF MY HEAD. THERE'S ANOTHER PROVISION IN THE LEASEBACK CALLS FOR PROPERTY CASUAL INSURANCE.

IT PROTECTS US AGAINST FIRE, THEFT AND HURRICANES, AND DUE TO THE STATE OF THE BUILDING, WHICH THE BUILDING WAS DAMAGED IN HURRICANE MATTHEW, ACCORDING TO THE LESSEE, WHEN I CALLED TO REQUEST THE PROOF OF CASUALTY INSURANCE SHE SAID THE BUILDING IS UNINSURABLE AND HAS NOT HAD INSURANCE FOR A FEW YEARS

BECAUSE IT IS UNINSURABLE. >> BUT THEY ARE REQUIRED UNDER% THE LEASE TO HAVE THAT INSURANCE.

>> YES. >> I WANTED TO MAKE MY FELLOW COMMISSIONERS A WHERE OF THAT. HOW SHOULD WE PROCEED?

COMMISSIONER STURGIS? >> OBVIOUSLY, THE BUILDING WILL BE REMOVED WHEN WE DO THE SEAWALL, THAT IS OUR GOAL, TO REMOVE THE BUILDING AT THAT POINT TO DO THE SEAWALL.

IT ALL REALLY DEPENDS, THE MOST IMPORTANT BEING, EVEN THOUGH IT IS REQUIRED IN THE LEASE, THE MOST IMPORTANT THING IS, TWO THINGS IF YOU DON'T CARE ABOUT THE STRUCTURE BUT THE LIABILITY IS THE MOST IMPORTANT THING. THE CITY BEING SUED FROM SOMEONE WHO MAY TRIP OR FALL AND BREAK THEIR ANKLE.

I THINK OUR BASES ARE COVERED IF WE DON'T CARE ABOUT THE BUILDING BUT IT IS IN THE LEASE. I DO NOT KNOW, THE WRONG ANSWER IS I DON'T KNOW THE ANSWER TO THAT.

>> OKAY, I JUST WANT YOU TO KNOW THEY ARE IN VIOLATION OF THE LEASE. AS WE HAVE RECEIVED E-MAILS STATING THIS. THANK YOU MA'AM.

>> AND I WILL AWAIT YOUR DIRECTION ON THIS TOPIC TOO.

IF YOU CHANGE YOUR MIND, YOU'LL FREE TO CALL ME AND IF SOMEONE FEELS STRONGLY ABOUT WHAT TYPE OF ACTION WE SHOULD TAKE OR KEEP DOING WHAT WE ARE DOING, WE ARE NEGOTIATING OR IN DISCUSSIONS WITH HER FOR A NEW LEASE WITH ADDITIONAL SQUARE FOOTAGE.

[12. CITY CLERK REPORTS]

KEEP THAT IN MIND TOO. >> THANK YOU.

ITEM 12, CITY CLERK REPORTS. >> (SPEAKING AWAY FROM

MICROPHONE). >> WE WILL DISCUSS THE ADVISORY BOARD APPOINTMENT PROCESS AND THE CHANGES AND ONE THING HE WILL MENTION IS THE CITY CLERK OFFICE WILL PROVIDE VACANCIES AND I WANTED TO LET EVERYONE KNOW THAT HAS BEEN PROVIDED TO EVERYONE WHO IS UP FOR REAPPOINTMENT.

THAT INFORMATION WILL BE PROVIDED FOR EVERYONE.

THANK YOU. >> THANK YOU MA'AM.

[13. MAYOR/COMMISSIONER COMMENTS]

>> I HAVE A TWO WEEK VACATION STARTING TOMORROW.

AND I WANT TO TELL YOU, ON THE 11TH, HUMANITY FOR HABITAT WILL DEDICATE SOME OF THE UNITS, WHICH WILL BE SIX UNITS, THE

[01:25:10]

IT WOULD BE NICE IF YOU ALL SHOW UP.

>> THANK YOU SIR. >> COMMISSIONER.

>> I WANT TO MAKE SURE WE POINT OUT, SINCE THIS WILL HAPPEN BETWEEN DECEMBER NEXT WE WILL HAVE A ROOF US.

I WILL BE THE EMCEE. I'M LOOKING FORWARD, IF YOU ARE IN THE AREA, FEEL FREE TO COME DOWN AND SAMPLE, WE HAVE A LOT OF BREWERIES THAT WILL BE THERE ON SEPTEMBER 18.

I WILL BE YOUR GUY ON THAT DAY. THANK YOU.

>> COMMISSIONER STURGIS. >> I JUST WANTED TO FOLLOW UP.

I KNOW WE ALREADY SAID A FEW THINGS.

A COUPLE OF PEOPLE SPOKE ABOUT FEMA AND I WILL FOLLOW-UP WITH ALL OF THE STAFF FOLLOWING THROUGH WITH THE MARINA, I DO KNOW DEALING WITH FEMA MYSELF, IT IS NOT EASY AND IT IS TIME CONSUMING. I JUST WANT TO GIVE THEM A KUDOS FOR FOLLOWING THROUGH AND I'M SURE IT WILL BE VICTORIOUS AND THE CITY IS SAVING A LOT OF MONEY THAT WE CAN USE IN OTHER AREAS. THAT IS REALLY THE MOST IMPORTANT BEING THAT I WANTED TO STRESS.

I APPRECIATE THE STAFF AND THE JOB THEY DO.

>> COMMISSIONER ROSS. >> I AM FINE.

>> YOU ARE GOOD. >> SO FIRST, CONDOLENCES TO THE POLICE DEPARTMENT COMMUNICATION SERVICES ON THE RECENT LOSS OF THEIR FATHER. SERVICES WILL BE THIS FRIDAY AT GREEN PINE FUNERAL HOME. THE FAMILY REQUESTS IN LIEU OF FLOWERS, DONATIONS BE MADE TO COMMUNITY HOSPICE.

FEMA, ONCE AGAIN, CONGRATULATIONS TO CITY STAFF AND EVERYONE WHO SUPPORTED THE EFFORT.

WHAT THEY WERE DOING WAS, NOT ONLY FIGHTING FOR THE CITY BUT THE TAXPAYERS. THAT WAS MONEY THE FEDERAL GOVERNMENT OWED TO US LEGALLY AND JUSTIFIABLY.

WE HUNG IN THERE, AND WE WERE ABLE TO PREVAIL THANKS TO THEIR EFFORTS. ONCE AGAIN, THANK YOU FOR THAT.

THIS SATURDAY MARKS THE 20TH ANNIVERSARY OF 911.

IF YOU ARE OLD LIKE ME, YOU HAVE THOSE LIFE MEMORIES OF WHERE YOU WERE, THE JFK ASSASSINATION AND ET CETERA.

THERE ARE TWO SERVICES THIS SATURDAY, AND UNFORTUNATELY, VICE MAYOR, HABITAT FOR HUMANITY AS SCHEDULED THAT OPENING DURING THE 8:30 A.M. CEREMONY. WHICH IS AT THE ROBERT FOSTER JUST DESCENDENT 76347 VETERANS WAY.

THAT IS AT 8:30 A.M. I WILL BE AT THAT EVENT.

THE SECOND COMMEMORATION IS PATRIOTS' DAY 20TH ANNIVERSARY OF 911 WHICH IS AT 4:00 P.M. AT THE JOURNEY CHURCH 95707 NEW LEADER CONCOURSE. WE WANT TO URGE YOU TO ATTEND OR TO PLEASE HAVE THAT DAY IN YOUR MEMORY AND THE THOUGHTS AND PRAYERS OF THE FAMILIES. THANK YOU.

AND CITY CLERK MENTIONED THE ADVISORY BOARD REAPPOINTMENT PROCESS, ALL TERMS ARE EFFECTIVE JANUARY 1 AND EXPIRE ON THE 31ST AS SHE NOTED. THEY HAVE BEEN NOTED.

THE REAPPOINTMENTS WILL TAKE PLACE ON DECEMBER 7.

THERE IS A LIST ON THE WEBSITE OF ALL OF THE REAPPOINTMENTS SO IF YOU WANT TO CHECK THAT OUT YOU CAN.

THAT IS ALL I HAVE. ANY OTHER THOUGHTS? I BELIEVE COMMISSIONER ROSS YOU ARE CORRECT, THIS IS A

* This transcript was compiled from uncorrected Closed Captioning.