Oct 19, 2021 Regular Meeting

>>> CALL TO ORDER EVERYONE BE SEATED PLEASE.

[1. CALL TO ORDER]

[00:00:11]

MADAM CLERK PLEASE CALL THE ROLL.

>>>

>> THANK YOU. HOUSEKEEPING.

PERSONAL DEVICES PLEASE PUT THEM ON SILENT VIBRATE OR AIRPLANE MODE. GREATLY APPRECIATED.

>> WE'RE STILL UNDER COVID 19 GUIDELINES IF YOU ARE WEARING A MASK PLEASE KEEP IT ABOVE YOUR NOSE.

IF YOU FEEL YOU NEED TO SOCIAL DISTANCE PLEASE DO SO. FINALLY OUR DECORUM IS PROFESSIONAL CONDUCT WITH RESPECTFUL BEHAVIOR.

VICE MAYOR PLEASE LEAD US IN THE LEDGE.

FORMER FARN DEENA MAYOR BRUCE MALCOLM -- FERNANDINA

MAYOR BRUCE. >>> I PLEDGE ALLEGIANCE TO THE FLAG TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

>> OH MOST MERCIFUL GOD WE PRAY THAT YOU WILL BE WITH US GUIDING THAT THEY MAY BE OBEDIENT TO YOUR WILL.

TEACH THEM O GOD THAT THE ROADS TO EARTHLY HAPPINESS AND ROADS TO ETERNAL LIFE FOR ONLY ONE TRUE HAPPINESS LIES IN YOU. GIVE US THEN UNDERSTANDING THAT YOUR GRACE MAY SO MOLD OUR LIVES AND WE MAY BE AN EXAMPLE OF GOOD FOR OUR BENEFIT OF OUR COMMUNITY.

OF UNDERSTANDING AND WEAKNESSES THAT WE MAY BECOME NEIGHBORS TO EACH OF THE OTHER AND TO ALL MEN.

AMEN. THANK YOU FOR BEING HERE.

>>> BEFORE WE GO TO THE REGULAR AGENDA, WE HAVE TWO

[Additional Item]

WOULD START FIRST. >> THANK YOU.

MR. MAYOR. CITY COMMISSIONERS.

JOINING US THIS EVENING. IS MR. JIMMY PAR JOINED THE CITY YESTERDAY AND HE IS THE CITY'S NEW BUILDING DIRECTOR. SO PLEASE WELCOME HIM TO THE

CITY OF FERNANDINA BEACH. >> WELCOME, MR. PAR.

>> CHIEF FOXWORTH IS HERE TO INTRODUCE ADDITIONAL MEMBERS

OF HIS DEPARTMENT AS WELL. >> CHIEF.

>> MAYOR, COMMISSIONERS, THANK YOU SO MUCH FOR THE FEW MINUTES OF YOUR TIME. I WOULD LIKE TO PRESENT MATTHEW MCKENNA. MATTHEW IS OUR NEWEST POLICE OFFICER. HE WAS BORN IN STATEN ISLAND, NEW YORK, DON'T HOLD THAT AGAINST HIM, HE'S A GOOD GUY. [LAUGHTER] BUT HE SPENT MOST OF HIS EARLY YEARS IN COCONUT STREET FLORIDA, THEN AS A FRESHMAN IN HIGH SCHOOL HE MOVED TO FERNANDINA BEACH. AFTER HE GRADUATED FERNANDINA BEACH HIGH SCHOOL HE WENT TO WORK AT THE OMNI.

STARTED COLLEGE AND ALSO WENT TO THE POLICE ACADEMY.

JUDGE YOU HAVE THE IN SEPTEMBER HE GRADUATED FROM THE POLICE ACADEMY AND STARTED WORK WITH US EARLIER THIS MONTH. HIS INTEREST IN LAW ENFORCEMENT STEMS FROM HIS DESIRE TO HELP PEOPLE.

IT'S FUNNY BECAUSE OFTENTIMES WHEN I CONDUCT AN INTERVIEW I HEAR I WANT TO MAKE MY COMMUNITY A BETTER PLACE TO LIVE. THIS YOUNG MAN TOOK IT A LOT FURTHER AND EXPLAINED TO ME WITH HIS JOB AT THE OMNI HE HAD THE OPPORTUNITY TO MAKE DIFFERENCE IN PEOPLE'S LIVES JUST BY MAKING THINGS MORE ENJOYABLE FOR THEM ASK HE SEEMED TO HAVE A PASSION WHICH REALLY MAY BE GOING TO HIRE HIM AND BRING HIM ON. HE WAS INSPIRED BY HIS BROTHER WHO WAS A BROWARD COUNTY DEPUTY SHERIFF TO GET INTO LAW ENFORCEMENT AS A WAY TO SERVE AND TO HELP FOLKS. THEN, WHEN WE BROUGHT HIM ON HE HAS A LOT OF STUFF TO DO. THIS POOR GUY.

ALL THE HIGH LIABILITY THAT HE HAS TO GO OVER ETC.

BEFORE PUTTING IN THE CAR WITH THE TRAINING ETC.

WHEN I BROUGHT HIM IN TODAY I ASKED WHAT ARE OUR CORE VALUES AT THE FERNANDINA POLICE DEPARTMENT HE SAID PARTNERSHIP, INTEGRITY RESPECT WITHOUT HESITATION.

SO HE'S LEARNING THE CULTURE, AND IF YOU SEE HIM OUT THERE PAT HIM ON THE BACK AND SAY HELLO TO HIM.

WE'RE GLAD TO HAVE HIM AS PART OF OUR PROGRAM.

>> WELCOME, SIR. >> THANK YOU EVERYBODY.

PLEASURE TO BE HERE EVERYBODY.

>> THANK YOU, SO MUCH. >> THANK YOU.

>>> RIGHT. ITEM 4.1 THE BUDGET SUMMARY.

[4.1 BUDGET SUMMARY]

[00:05:02]

YEAR TO STATE LISTEN FOR THE GENERAL CLASS IS 106.4% OF THE ANNUAL BUDGET. THIS IS DUE PRIMARILY TO PROPERTY TAX, LOW INCOME TAX AND INTERGOVERNMENTAL SUPERINTENDENTS. GENERAL FUND EXPENSES ARE AT 74.9% OF THE BUDGET. ALL TRANSFERS HAVE BEEN COMPLETED. THE SERVICE HAS BEEN MADE.

THE FUNDS AND PURCHASES HAVE BEEN MADE FOR I.T.

EQUIPMENT. THE CITY HALL ROUTE.

THE GOLF COURSE EXCEEDED REVENUE BOTH PROSHOP SALE AND FOOD AND BEVERAGE. AIRPORT REVENUE PRIMARILY DUE TO GRANT REVENUE AND LAND USES.

ALL UTILITY FUNDS AND REVENUE EXCEEDED EXPENSES.

MARINA YEAR TO DATE IS AT 7,023,000.

DOES ANYONE HAVE ANY QUESTIONS?

>> I NOTICE THEY WILL SET UP A SEPARATE ACCOUNT.

IS ALL THAT CAPITAL GO INTO THEIR ACCOUNT.

>> NO, WHAT WE'RE DOING IS WE'RE LOOKING AT THE OPERATING EXPENSES SO WE HAVE IDENTIFIED THE REN AND THE OPERATING EXPENSES AND FOOD AND BEVERAGE.

SO WHEN WE LOOK AT THE MONTHLY REPORT FOR OCTOBER YOU WILL SEE THAT THOSE WILL BE SEPARATED.

SO ARE WE GOING TO BE ABLE TO SEE SEE THE CAPITAL EXPENSES OF THAT. BASED THE CAPITAL IS STILL GOING TO BE UNDER THE MAIN OR WHAT IS ASSOCIATED WITH THE KITCHEN. FOOD AND BEVERAGE WE COULD DO THAT FOR YOU. I SAW A CHART TODAY THAT INCREASING WHAT'S HAPPENING WITH THE USES.

WE PUT A LOT OF THAT IN ANTICIPATION THAT WE WOULD MAKE MONEY BUT BREAK EVEN YOU KNOW.

AT WHAT POINT WE'LL REACH THAT I'M INTERESTED IN?

>> OKAY. WE CAN SHOW YOU THAT.

>> THANK YOU. >> THANK YOU, MAYOR.

PAULA, SO BASICALLY YOU'RE TELLING ME AT THE END OF OUR BUDGET IF I HEARD YOU WRECK WE'RE 32% OR 106% YOU SAID IF I'M LOOKING AT THIS CORRECTLY YOU'RE 32% ALREADY. YOU SAID 106%.

LIKE WE HAVE GONE OVER 106%. >> SO WE'RE LOOKING AT SEPTEMBER WHICH IS THE FULL BUDGE YEAR FROM OCTOBER THROUGH OCTOBER 1ST THROUGH SEPTEMBER.

SO WE ARE ALREADY OVER ABOUT 6.4% OR REVENUE BUDGET.

>> YES. I'M GETTING A GRASP OF IT.

SO IT SOUNDS LIKE WE HAVE MET OUR BUDGET AND EXCEEDED IT FOR THE REVENUES. WHERE DOES THE 74% COME IN THAT YOU SAID? THOSE ARE THE EXPENSES JUST

THE GENERAL FUND ONLY? >> YES.

ANY OTHER QUESTIONS. ONE OF THE REASONS THAT THE 106% WE ONLY BUDGET 76% OF THE -- WE DON'T BUDGE 100% OF TAXENCE ARE WE BUDGET 96% SO WE'RE CONSERVATIVE ON THAT. SO 106% IT'S NOT A STRAIGHT

COMPARISON. >> GOT IT.

THANK YOU FOR THAT CLARIFICATION.

COMMISSIONERS FOR YOUR INFORMATION ON THE NEXT WORKSHOP? I HAVE PUT THE TOPIC OF KEY PERFORMANCE INDICATORS ON THE WORKSHOP IN REGARDS TO

[00:10:05]

I THINK AS WE TALK ABOUT THE BUDGET WE SHOULD ALSO BE TALKING ABOUT THOSE ENTERPRISE FUNDS.

WE SHOULD BE TALKING ABOUT THOSE PERFORMANCE INDICATORS AS TO WHETHER WE'RE MEETING THOSE METRICS, WHETHER THOSE METRICS ARE FAILING IF THEY ARE FAILING WHY, AND WHAT ARE THE ADJUSTMENTS THAT NEED TO BE MADE TOWARDS THE PATH TO SUCCESS. THAT IS ON THE NEXT WORKSHOP. THANK YOU.

>> ITEM 5. PUBLIC COMMENT REGARDING

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

I HAVE ONE REQUEST TO SPEAK. ALYSSA FINKELSTEIN.

WELCOME. >> LISA FINKELSTEIN 492 STARBOARD LANDING. I JUST WANTED TO SPEAK BRIEFLY ABOUT THE CRA DISCUSSION AT THE WORKSHOP.

JUST TO CLARIFY A COUPLE THINGS.

I KNOW THE CITY MANAGER MENTIONED THAT MAIN STREET IS CURRENTLY WORKING ON A DESIGN GUIDE WE HAVE A FORMAT FOR IT WE'RE ADDRESSING MANY OF THE ELEMENTS. THE ELEMENT THAT WE'VE BEEN FOCUSED ON MOST RECENTLY ARE THE SIDEWALKS AND SO WHAT WE'RE DOING IS WE'VE ACQUIRED INFORMATION AND THE PROCESS TO MAINTAIN AND WE'RE LOOKING AT ALL OF THAT TO MAKE A RECOMMENDATION FOR THE ELEMENTS THAT ARE BEING USED. SIMULTANEOUSLY WE'VE ALSO WORKING ON THE LANDSCAPE FOR THE CITY COMING UP A LIST OF RECOMMENDED PLANTINGS WHICH WE'VE ALREADY DONE AND THEN ALSO ANALYZING EACH BED ALONG CENTER STREET AND ON THE SIDE STREETS WHERE APPROPRIATE TO DECIDE WHAT THEY NEED. SOME BEDS IT'S ONLY NECESSARY FOR MULCH AND SOME NEED REPLANTING SOME NEED JUST MAINTENANCE. SO THAT IS ALSO HAPPENING AT THE SAME TIME. WE CERTAINLY ARE MOVING ALONG. WE'RE MEETING EVERY OTHER WEEK ON THE SIDEWALKS TO GET THAT GOING.

WE HAVE A MEETING TOMORROW MORNING AND I WILL CERTAINLY SHARE WHAT HAPPENS THIS EVENING SO THAT WE CAN THEN TAKE THOSE ELEMENTS, MAKE A PRESENTATION ABOUT THE ANALYSIS THAT WE'VE DONE TO THE HDC, MAKE A RECOMMENDATION MATERIALS FOR THE PROCESS THAT WITH THINK SHOULD HAPPEN AND THEN HDC WOULD GIVE IT THEIR BLESSING. IT WOULD GO OUT TO THE CITY MANAGER TO THE CITY ENGINEER GO THROUGH THAT PROCESS THEN ULTIMATELY COME TO THE COMMISSION.

SO, YOU KNOW I JUST WANT TO MAKE SURE THAT EVERYBODY UNDERSTANDS THAT THAT WE ARE WORKING ON THAT PROCESS.

WE HAVE INPUT FROM A LOT OF VOLUNTEERS FROM THE COMMUNITY BOTH RESIDENTS, BUSINESS OWNERS, THE ARCHITECTS, ENGINEERS LANDSCAPE DESIGNERS AND PEOPLE THAT HAVE KNOWLEDGE OF THESE TYPES OF ELEMENTS.

AND THEN, ALSO, JUST A REMINDER THAT IN THE AGREEMENT THAT THE CITY HAS WITH MAIN STREET IN EXCHANGE FOR THE FUNDING THAT THE CITY PROVIDES IT DOES STATE I AM TO SPEND 20% OF MY TIME THE DIRECTOR IS TO SPEND 20% OF THEIR TIME WORKING ON THE PROPERTIES WITHIN THE CRA.

SO AGAIN, IF YOU ARE GOING TO MOVE FORWARD WITH ESTABLISHING AN ADVISORY BOARD I WOULD ASK THAT MAIN STREET HAVE A SEAT ON THAT ADVISORY BOARD.

SO IT IS NOT INCLUDED IN THERE BUT I THINK THAT IT WOULD MAKE SENSE TO HAVE THAT BE THE CASE.

>> I HAVE A DIFFERENT IDEA. >> YOU HAVE A QUESTION FOR

MISS FINKELSTEIN OR COMMENT. >> SHE IS CORRECT IN THE ORIGINAL CONTRACT WITH MAIN STREET IT WAS TO BE 20% CRA.

HOW WOULD YOU LIKE TO RUN THAT COMMITTEE? THEY NEED A STAFF PERSON? [LAUGHTER] WELL, I MEAN, YOU KNOW WHEN WE EXPANDED THE MAIN STREET DISTRICT -- NO, WHEN WE EXTENDED THE MAIN STREET DISTRICT TWO YEARS AGO THE ENTIRE CRA WAS INCLUDED AND ADDED TO THE MAIN STREET DISTRICT.

SO ITS ALREADY PART OF THE MAIN STREET DISTRICT AND

[00:15:04]

AND I THINK AS COMMISSIONER ROSS POINTED OUT SO MANY OF THE THINGS ON THE LIST REGARDING THE CRA ARE INFRASTRUCTURE ITEMS THAT REALLY ARE ONLY APPROPRIATE FOR THE CITY COMMISSION AND THE CITY STAFF TO BE DEALING WITH. THEY'RE NOT THINGS THAT NECESSARILY REQUIRE A DECISION ON WHAT'S GOING TO BE USED. YOU KNOW, IT'S JUST ON MAINTENANCE MOVING FORWARD. BUT THE MORE STREET SCAPE ELEMENTS I THINK WE ARE ALREADY WORKING ON THAT.

SO, HOWEVER WE WANT TO FORMALIZE THAT I CERTAINLY, YOU KNOW, FEEL THAT MAIN STREET SHOULD BE IN ON IT.

>> SO WHY DON'T YOU. MY SUGGESTION WOULD BE SINCE -- WHY DON'T YOU THINK ABOUT IT, HAVE A DISCUSSION WITH THE CITY MANAGER, AND THEN COME BACK TO US AT OUR NEXT

MEETING? >> I WILL DO THAT.

WE ALSO HAVE A FULL BOARD MEETING NEXT WEEK.

SO THE TIMING IS GOOD. I'LL SPEAK WITH THE CITY MANAGER AND TAKE IT TO OUR BOARD.

>> THANK YOU. >> SURE.

>> RIGHT, ITEM 6. CONSENT AGENDA.

[6. CONSENT AGENDA]

>> RECOMMEND APPROVAL. >> MOTION AND A SECOND.

--

THAT MOTION PASSED 5-0. >> ITEM 7.

[7.1 VOLUNTARY ANNEXATION AGREEMENT - 875 CASHEN DRIVE, 2113 S. 14TH STREET, 2163 S. 14TH STREET]

AGREEMENT. >> OKAY.

>> I RECOMMEND APPROVAL. >> I SECOND.

>> WE HAVE A MOTION AND THE SECOND.

ANY DISCUSSION? >> CAN YOU -- VICE MAYOR.

>> YEAH I JUST WANT TO POINT OUT THIS IS VOLUNTARY ANNEX AGREEMENT WHICH MEANS WHEN YOU'RE CONTIGUOUS THEY WILL HAVE TO ANNEX. IN THE MEANTIME THEY'RE PAYING 25% SURCHARGE FOR THE WATER.

>> CORRECT. >> MR. ROSS?

>> CAN SOMEBODY PUT UP A MAP IT'S BETTER THAT THE CITY MANAGER TRIES THIS THAN I BECAUSE WE MAY BE HERE IF I

DID. >> IT'S JUST A SUGGESTION.

WHEN WE HAVE ANNEXATIONS WE SHOULD PREPARE TO DO THIS SO THAT COMMISSIONERS AND THE PUBLIC CAN SEE THE PARCELS THAT WE'RE TALKING ABOUT. WHERE THEY'RE LOCATED; ETC.

>> WHILE HE'S DOING THAT TO CLARIFY YOUR COMMENT I HEAR THAT LOUD AND CLEAR. THERE ARE MAPS THAT ARE AS PART OF THE AGENDA PACKET THAT ARE POSTED ON THE WEBSITE WITH THE AGENDA. BUT WE'LL MAKE SURE THAT WE HAVE THAT FOR MEMBERS OF THE PUBLIC THAT HAVEN'T SEEN THE

AGENDA. >> THAT'S THE SUBJECT PROPERTY RIGHT THERE. THIS PROPERTY, IN TO BE

[00:20:04]

THE CHANCES OF THIS PROPERTY EVER BEING ANNEXED ARE SCPLIM NONE AS THEY SNUCK IN BEFORE WHEN THE CITY WATER CAME. IN THEY HAVE SUER AND WATER AND WHY WOULD THEY, THEY'RE NOT GOING TO COME INTO THE

CITY. >> IS THAT THE C.V.S. IS

THAT THE PHARMACY. >> NO THAT'S BEACH DINER.

>> IN THE CITY LIMIT. >> YES.

YES. >> THAT'S C.V.S.

>> AND SO THIS IS PRIVATELY OWNED PARCEL.

SO FOR THIS TO FALL THIS ONE HAS TO SOMETHING WOULD HAVE

TO HAPPEN THERE. >> OKAY.

>> I THINK THEY ALREADY HAVE SUER AND WATER.

-- SEWER AND WATER. >> I WAS JUST GOING TO BRING SOME THERE IS SEWER THAT WAS MY QUESTION.

YOU YOU SAY THEY'RE JUST REQUESTING WATER NOT SEWER

AND WATER? >> I DO NOT THINK THAT THEY HAVE SEWER THEY HAVE A SEPTIC TANK AND MY UNDERSTANDING IS THAT THE PROXIMITY TO DO THEIR WELL WENT BACK FOR POTABLE WATER SO THEY HAD TO LOOK INTO THE WATER CITY SYSTEM BECAUSE THE PROX SINT OF THE SEPTIC TANK TO WHERE THEY NEEDED TO PUT A WELL WAS NOT GOING TO MEET THE HEALTH DEPARTMENT STANDARDS.

>> CORRECT. >> SO THEY HAD TO GET WATER SO THEY CAME TO THE CITY FOR THE WATER.

>> GOTCHA. SO THERE STILL IS A POSSIBILITY THAT SOME MAY IN BETWEEN THOSE TWO PROPERTIES COULD CONNECT AND IT COULD BECOME PART OF THE CITY

EVENTUALLY? >> ALL OF THESE PROPERTIES ARE RESIDENTIAL PROPERTIES AND THEY'RE ALL ON SEPTIC.

EVENTUALLY THEY'RE GOING TO BE GETTING SEWER OR WATER

FOR THE SAME REASONS. >> YOU HAVE ANSWERED MY QUESTION, BASICALLY MY QUESTION I WAS ENQUIRING MOSTLY ABOUT SEWER I KNEW THE WATER WAS THERE.

WE DID HAVE CITY SEWER CLOSE BY.

>> WELL, SURE THIS IS THE CITY THIS IS ACTUALLY MY NEIGHBORHOOD THERE'S SEWER ALL OVER THAT AREA.

>> OKAY. >> THAT WAS IT.

OTHER THAN THAT ON THIS MAP WHAT I SEE THE ISLAND OVER THERE THE SQUARE THAT'S THE ISLAND.

>> THIS IS THE ISLAND FALLS MINI GOLF.

THAT IS -- PARDON ME, LET ME GET TO THE MIC THAT IS AN UNCLAV A TRUE ENCLAVE TRULY SURROUNDED BY THE CITY LIMBS THAT PARCEL WAS I DON'T KNOW WHAT YEAR IT WAS MAYBE IN THE 90S WAS DEANNE NEXTED FROM THE CITY AT THE REQUEST OF THE PROPERTY OWNER AND THE CITY COMMISSION APPROVED A DEANNE NEXTATION IT WAS DONE BY ORDINANCE JUST LIKE ANNEXATION IS. THE STATUTE ALLOWS FOR THE CITY AND THE COUNTY TO ENTER INTO AN INTERLOCAL AGREEMENT SPECIFICALLY IT'S NOT A RESIDENCE AN INDIVIDUAL PROPERTY OWNER IT'S A COMMERCIAL PROPERTY.

AND SO I DID REACH OUT TO THE COUNTY NOT THE COUNTY COMMISSIONERS, BUT I REACHED OUT TO THEIR MANAGEMENT STAFF AND THEY SAID THAT THEY WOULD NOT ENDORSE AN ANNEXATION BY INTERLOCAL AGREEMENT WITHOUT THE PROPERTY OWNER'S CONSENT. AND THE PROPERTY OWNER HAS NO DESIRE TO ANNEX INTO THE CITY.

>> OKAY. YOU ANSWERED MY QUESTIONS.

THANK YOU. >> COMMISSIONER ROSS AND

STURGIS YOUR LIGHTS ARE ON? >> THANK YOU, MR. MAYOR.

I JUST WANT TO POINT OUT THIS IS FOR ME, THIS IS AN OPEN AND SHUT CASE. THERE'S ALREADY HOUSES ON IT. THEY ARE ASKING TO GET OFF SEPTIC WHICH IS A GOAL OF ALL AROUND THIS STATE OF FLORIDA. LET'S GET THEM ON THE WATER SYSTEM. I ALSO WANT TO POINT OUT THERE'S A MILLION DIFFERENT WAYS FOR THEM TO BECOME CONTIGUOUS TO THE CITY. THERE'S A WAY THAT THEY COULD COME DOWN HOLLY DRIVE THAT'S A WAY.

IT DOESN'T JUST HAVE TO BE THROUGH -- WHAT IS THAT?

>> THE SUER AND THE WATER LINES THEY DON'T NECESSARILY FOLLOW THE CITY'S JURISDICTIONAL LINES.

THE YELLOW LINE IS THE CITY'S JURISDICTION LINE.

WE HAVE WATER AND SEWER OUT HERE TO SOME EXTENT.

WE DON'T HAVE A LARGE MAIN GOING DOWN 14ING STREET THAT I KNOW OF. BUT THERE ARE OTHER WAYS.

A NUMBER OF WAYS AS YOU STATED.

>> YES, EXCELLENT. I WASN'T REFERRING TO HOW WE'RE GOING TO CONNECT THE SEWER SYSTEM MY POINT IS ADDRESSING YOUR EARLIER POINTS ABOUT IN ORDER FOR THEM TO BECOME ANNEXED INTO THE CITY THEY NEED TO ONE DAY BECOME CONTIGUOUS TO THE CITY.

SO, THE ONLY PATH ISN'T THROUGH BEACH DINER THERE'S OTHER PATHS TO BECOME CONTIGUOUS.

I WANT TO PLAN FOR A FUTURE WHERE THAT ONE DAY COULD BE IN THE CITY. IF WE DISREGARD THIS WE'RE LEAVING OURSELVES IN THE FAR FUTURE WHAT IF ONE DAY ON CASHIN DRIVE THOSE I COUNT FIVE RESIDENCES THERE NEED TO BECOME OFF OF SEPTIC. IT'S NOT JUST ONE PATH THERE ARE MANY AND SO WE NEED TO PLAN BY THAT BY SETTING UP

THIS ANNEXATION AGREEMENT. >> MR. ROSS.

[00:25:01]

>> TWO POINTS. NUMBER ONE THEY'RE NOT ASKING FOR SEWER THEY ONLY WANT WATER.

POINT NUMBER TWO I'M NOT OPPOSED TO DOING THIS.

BUT I THINK IT'S GOING TO BE A LONG TIME BEFORE, IF EVER, THAT -- ONE INTERESTING THOUGHT, I'M JUST POINTING IT OUT, CORRECT ME IF I'M WRONG, ALL THESE PROPERTIES IF THEY HAVE SEPTIC THE CITY CAN SEND THEM A LETTER SAY YOU HAVE TO ANNEX GO ON SEWER WITHIN THE NEXT YEAR AND THE ANNEXED INTO THE CITY.

YOU'RE RIGHT THERE ARE MANY PATHS TO.

>> SO LET ME JUST THERE IS A FLORIDA STATUTE SPECIFICALLY GOING TO COMMISSIONER MAINS' POINT ABOUT SEPTIC TANKS ARE NOT PREFERED IN FACT THEY'RE DISCOURAGED BY THE STATE.

THEY'RE ALLOWED WHEN THEY'RE WORKING WELL THEY'RE FINE SYSTEM FOR SANITARY SEWER. BUT IF THE CITY HAS ADJACENT TO THOSE ARE ALL RESIDENTIAL PROPERTIES AS I SAID, ADJACENT TO THE PROPERTY LINE IF THE PUBLIC SEWER IS AVAILABLE, SO LET'S SAY WE HAVE A LINE GOING DOWN OAK STREET TO MAKE IT EASY. THE CITY COULD SEND EVEN THOUGH THOSE PROPERTIES ARE NOT LOCATED IN THE CITY, YET, THEY COULD GET A LETTER FROM THE CITY THAT SAYS YOU HAVE ONE YEAR TO CONNECT TO THE NOW AVAILABLE CITY SANITARY SEWER SYSTEM AND THEY WOULD HAVE TO CONNECT TO THE CITY SEWER SYSTEM. AS PART OF THAT WOULD BE AN

ANNEXATION AGREEMENT AS WELL. >> OKAY.

COMMISSIONER YOUR LIGHT IS STILL ON.

>> THANK YOU SO MUCH. ANY OTHER DISCUSSION.

SEEING NONE. MADAM CLERK CALL THE ROLL PLEASE.

[7.2 BUDGET AMENDMENTS - VARIOUS DEPARTMENTS]

>> THAT MOTION PASSED 5-0. >> ITEM 7.2.

>> THE CITY CODE REQUIRES BUDGET TRANSFERS IN EXCESS OF $7500. THESE ARE BUDGET TRANSFERS GENERAL IN NATURE AS WE CLOSE OUT THE PREVIOUS

FISCAL YEAR. >> MOVE TO APPROVE.

>> SECOND. >> HAVE A MOTION AND A SECOND. ANY DISCUSSION.

>> SEEING NONE. MADAM CLERK CALL THE ROLL.

[7.3 AWARD OF RFQ 21-01 - CONSULTANTS’ COMPETITIVE NEGOTIATION ACT]

>> ITEM 7.3. CONSULTANTS COMPETITIVE

NEGOTIATION. >> THANK YOU, MR. MAYOR THE CITY JUST COMPLETED A 3-YEAR SERIES OF ONGOING PROFESSIONAL SERVICES CONTRACT THAT THE CITY WOULD AGAIN ADVERTISE FOR QUALIFIED FIRMS. THIS IS RELATED TO ARCHITECTS, ENGINEERS, LANDSCAPE, ARCHITECTS AND SURVEYORS.

THE CITY PUBLICIZED THE REQUEST FOR QUALIFICATIONS.

THOSE WERE OPEN AND REVIEWED BY MR. CHARLES GEORGE AND MS. WANDA WEEKES AS WELL MR. NATHAN COIL.

UPON THEIR PREVIEW THEY PREPARED A LIST FOR YOUR CONSIDERATION TO THE NEW 3-YEAR SERIES OF PROFESSIONAL SERVICES AGREEMENT WITH CONSULTANTS.

>> MOVE TO APPROVE. >> SECOND.

>> I HAVE A MOTION AND A SECOND.

ANY DISCUSSION? >> VICE MAYOR.

>> I DO NOT THINK THAT CONTINUING SERVICE CONTRACTS ARE IN THE BEST INTEREST OF THE CITY.

I HAVE WATCHED SINCE 2019 YOU ON HOW WE AN MR. THEM.

HOW WE ADMINISTER THEM CONFUSES ME AS I INTERPRET THE STATE LAW IT'S NOT QUITE AS IT SAYS.

I FULLY BELIEVE THAT R.F.P.S FOR PROJECT ARE THE BEST METHOD TO GO. THE STATE LAW ACTUALLY SAYS FOR EACH PROPOSED THE AGENTS SHALL EVALUATE NO FEWER THAN THREE FIRMS. WE'RE ACTUALLY NOT DOING THAT. AND THE REASON IS THERE SEEMS TO BE SOME CONFUSION AS TO INTERPRETATION OF THE STATE LAW. THOSE ARE THE WORDS FROM THE STATE LAW. BUT, I GUESS THERE HAS BEEN SOME OPINIONS BY PROFESSIONAL ORGANIZATIONS WHICH I BELIEVE THIS FAVORS. I JUST DON'T THINK IT'S IN THE INTEREST BEST INTEREST. I DON'T THINK WE'RE GETTING THE BEST PRICING. I DON'T THINK WE SHOULD BE IDENTIFYING THE PROPOSED BUDGET PROJECTS THE SCOPE AND THE COST AND THEN GOING OUT AND, YOU KNOW, DOING IT WITH THIS. BUT THAT'S NOT HOW WE'RE DOING IT. THERE ARE MONEY LIMITATIONS.

SO I'M GOING TO VOTE AGAINST IT.

I THINK THAT I DISCUSSED IT WITH THE STATE ENGINEER AND THE CITY MANAGER AND THE CITY ATTORNEY.

I JUST BELIEVE THAT R.F.P.S ARE THE BEST WAY AND COST

[00:30:06]

>> DOLLAR AMOUNTS ARE TIED INTO THE LIMITS, IF YOU LOOK AT THE SUMMARY. THE SUMMARY ACTUALLY SAID $200,000 AND $2 MILLION. IT'S ACTUALLY THE GNAW LAW IS $500,000 AND $4 MILLION. THERE ARE DIFFERENT CATEGORIES THAT THEY USE IT AND THEY'RE REFERENCED IN THE LAW. THERE'S FIVE CATEGORIES.

BUT, THE ISSUE IS THE BOARDS AND STATE LAW ARE BEING COMPLIED WITH AND WE GO OUT AND WE SELECT THEM.

AND A GOOD EXAMPLE IS LET'S LOOK AT OUR LANDSCAPING.

ACTUALLY THIS GOES ABOVE THE FORM.

WHEN WE CONTRACTED FOR THE PARK LANDSCAPE, YOU KNOW, THERE WERE ACTUALLY THREE LANDSCAPE ARCHITECTS ON THAT LIST IN 2019. WE SELECTED ONE SELECTED I DON'T THINK THERE WAS ACTUALLY ANY REAL NEGOTIATIONS. WHAT YOU DO IS YOU ASK THE PRICE IF IT IF YOU DON'T LIKE IT YOU REJECT IT.

YOU HAVE TO GO TO SECOND THAT IS PROBLEMATIC SYSTEM BECAUSE YOU MIGHT GET YOURSELF IN TROUBLE.

IT WAS A $10 MILLION PROJECT. I'M JUST SEEING THAT, I JUST THINK THE R.F.P. SYSTEM IS BETTER AND I WON'T VOTE FOR

THIS. >> SO CITY ATTORNEY ARE WE FOLLOWING THE STATE LAW OR NOT TO THE VICE MAYOR'S

POINT? >> SO I HAVE NOT GONE BACK WITH THE SPECIFIC -- FIRST OF ALL LET ME SAY OVERALL WITH WHAT YOU HAVE IN FRONT OF YOU RIGHT NOW WE ARE FOLLOWING STATE LAW. VICE MAYOR KRYGIER IS CORRECT HE SPOKE WITH ALL OF US TO HIS CREDIT THIS IS NOT A SURPRISE TO ME WHAT HE BELIEVES.

FOR TONIGHT, AS I UNDERSTAND IT, WE ARE FOLLOWING STATE LAW BUT VICE MAYOR KRYGIER DOES NOT AGREE WITH THE EXCEPTION TO CCNA THAT IS THE CONTINUING CONTRACT.

AN EXCEPTION TO CCNA MEANS THAT EVERY TIME YOU HIRE AN ENGINEER FOR PROJECTS UNDER CONSTRUCTION COSTS ESTIMATED UNDER $4 MILLION THE STATE LAW SAYS, THIS IS MY OPINION, THAT YOU CAN RELY ON ONE OF THESE CONTINUING CONTRACTS WITHOUT GOING BACK OUT FOR QUALIFYING FIRMS AND NEGOTIATING PRICES. WHEN WE DO THIS THE CCNA LIST AS WE CALL IT. IT'S BASICALLY A PREQUALIFIED LIST OF PROFESSIONAL SERVICES THAT ARE COVERED UNDER THE CCNA STATUTE.

CCNA STANDS FOR COMPETITIVE CONSULTANTS NEGOTIATION ACT.

WHAT WE DO IS WE PICK FROM THOSE FIRMS WITHOUT HAVING TO GO OUT FOR AN R.F.P. FOR EACH PROJECT IF IT'S UNDER $4 MILLION CONSTRUCTION PROJECT WE CAN GET DESIGN SERVICES OR LANDSCAPE ARCHITECTURE BY PICKING OFF THAT LIST. IT'S MY OPINION WE'VE DONE THAT RIGHT. I HAVE NOT GONE BACK TO LOOK, I DON'T WANT TO SAY I DISAGREE WITH VICE MAYOR KRYGIER BECAUSE I HAVEN'T GONE BACK TO WHEN WE PICKED THE LANDSCAPE ARCHITECT FOR THE WATERFRONT AND GONE THROUGH THE PROCESS THAT WE FOLLOW.

I'M ASSUMING THAT WE DID IT CORRECT.

I DO SIGN OFF ON THE CONTRACTS CERTAINLY.

BUT I DON'T RECALL THAT ONE. THIS IS AN EXCEPTION.

VITE MAYOR AND I DID RESPECTFULLY ARGUE A LITTLE BIT ABOUT THAT TODAY. IT LOOKS VERY STRANGE IN THE STATUTE BECAUSE CONTINUING CONTRACTS IS A DEFINITE CONTRACT IS A DEFINITION AND IT DOESN'T SAY IN THE STATUTE THIS IS AN EXCEPTION TO HAVING TO FOLLOW THE REST OF THIS. BUT I KNOW FROM ATTORNEY GENERAL OPINIONS THERE'S VERY LITTLE CASE LAW THAT CONTINUING CONTRACT IS AN EXCEPTION HAVING TO GO THROUGH THAT COMPETITIVE THAT COMPETITIVE PROCESS WHERE YOU CANNOT TALK ABOUT PRICE INITIALLY AS YOU PROBABLY ALL KNOW CCNA MEANS HAVE YOU AN ENGINEERING PROJECT YOU NEED A DESIGN FOR A PROJECT YOU HAVE TO GO OUT, YOU HAVE TO CHOOSE BASED ON QUALIFICATIONS ONLY YOU HAVE TO CHOOSE THREE FIRMS. WE HAVE A COMMITTEE THAT OPERATES IN PUBLIC THAT THEN DECIDES BASED ON QUALIFICATIONS HOW THEY'RE RANKED 1, 2 AND 3. THOSE THREE COME TO THE CITY COMMISSION WITH A FOR THAT PARTICULAR ENGINEERING PROJECT DESIGN PROJECT FOR THE COMMISSION TO EITHER AGREE WITH THE RECOMMENDATION, THE COMMITTEE OR NOT. AND THEN WE GO ONCE WE PICK THAT FIRST ONE THAT'S WHEN WE START TALKING TO THEM ABOUT PRICING HE'S CERTAINLY NOT WRONG.

THE CITY DOES NOT HAVE TO USE THIS EXCEPTION.

THE CITY COMMISSION CAN CAN USE THE EXCEPTION AND PUT

[00:35:05]

WE NEED A SURVEY ON THE PROPERTY.

WE CALL MR. MIKE MANTSE SURVEYING.

WE NEED A SURVEY OF THIS PROPERTY.

WHICH DEPENDING ON THE TO SEVERAL THOUSAND DOLLARS.

BUT WE THEN -- OTHERWISE WE COULD HAVE TO FOR A

COMPETITIVE PROCESS. >> LET ME CLARIFY THE LANDSCAPE ARCHITECT IT WAS FULLY COMPLIANT WITH CCNA.

THE LANDSCAPE ARCHITECT WAS NOT ROUTINE THE LANDSCAPE ARCHITECT WAS DESIGNED TO DO THE DESIGN WORK OR STUDY EFFORT WHICH IS WELL BELOW THE THRESHOLD OF THE $200,000, OR $400,000. WHAT THEY DESIGNED WE COULD NOT USE THEM FOR THE CONSTRUCTION WORK BECAUSE WOULD HAVE EXCEEDED THE THRESHOLD.

THEY WERE RETAINED FOR DESIGN AND STUDY WORK WHICH WAS WELL WORK THE TOTAL COST I THINK $40,000 TO $50,000 WHICH IS UNDER THE $200,000 THRESHOLD.

THANK YOU, SIR. >> COMMISSIONER ROSS.

SO THIS IS A TOOL IN THE TOOLBOX TO GET THINGS DONE.

ANYBODY WANTS TO RUN THE CITY AS A BUSINESS.

YET NO BUSINESS, NO BUSINESS GOES OUT AND BIDS EVERY LITTLE JOB. YOU HAVE A LISTED GROUP THEY'RE WELL QUALIFIED YOU GO TO THEM HEY, I NEED THIS WHAT'S THE PRICE GOING TO BE.

I THINK FOR SMALL JOBS AND MANY OF THE THINGS THAT COME UP THIS IS A TOTALLY APPROPRIATE WAY TO DO IT AND I'M CERTAINLY GOING TO SUPPORT THIS.

I THINK THE CITY IS CUMBERSOME ENOUGH WHICH PUTS INCREASED COST. WHEN YOU'RE BIDDING ON SOMETHING YOU ARE GOING TO PUT THAT COST OF BIDDING INTO YOUR PROPOSAL AS OPPOSED TO WHEN YOU GO IN TO TALK TO THEM. YOU ARE SHAKING YOUR HEAD.

AS A BUSINESS PERSON I THINK YOU AGREE.

SO I'M GOING TO SUPPORT THIS.

>> COMMISSIONER STURGIS. >> YOU ARE TAKING ALL MY THUNDER THIS EVENING. AS A SMALL BUSINESS OWNER THAT DOES A LOT OF THIS IF YOU HAVE A TRUSTED SOURCE THAT YOU KNOW IS GOING TO BE WITHIN THE RANGE NINE TIMES OUT OF 10 AND YOU MOVE ON BECAUSE IT WOULD TAKE FOREVER IT WOULD TAKE A LONG TIME WHAT MY TWO QUESTIONS ARE WHAT'S THE CAP I HEARD FOUR MILLION AND $200,000.

$4 MILLION FOR THE CONSTRUCTION COSTS WHAT'S

OUR DIFFERENCESER. >> SO THE STATUTE READS LIKE THIS FOR CONTINUING CONTRACTS THE ESTIMATED CONSTRUCTION COSTS MAY NOT EXCEED $4 MILLION.

THEN IT SAYS COMMA, FOR STUDY SERVICES, DESIGN SERVICES NOT TO EXCEED $400,000.

RIGHT. $500,000.

THEN IT SAYS OR FOR ACTIVITIES OF A SPECIFIED NATURE THAT THERE'S A SET TIME ON THE CONTRACT OR NO SET TIME ON THE CONTRACT. SO IT'S VERY CONFUSING LANGUAGE. TODAY ACTUALLY I READ AND I LIKE THIS RULE AN ATTORNEY GENERAL OPINION FROM 2013, I DON'T HAVE THE NUMBER MEMORIZED, THAT GENERAL SIGNED THAT SAID PAY ATTENTION TO THE ESTIMATED CONSTRUCTION COSTS. DON'T WORRY ABOUT THE OTHER STUFF IN THE STATUTE YOU CAN NEVER GO WRONG IF YOU PAY ATTENTION TO THE ESTIMATED CONSTRUCTION COSTS THEY SAY THAT BECAUSE GENERALLY DESIGN IS A PERCENTAGE OF THE CONSTRUCTION COSTS. SO IN THIS CASE, IT'S A LITTLE OVER 10%, RIGHT FOR $500,000 VERSUS $FOUR 4 MILLION. IF WE MAKE SURE WE PAY ATTENTION TO THE CONSTRUCTION COSTS WE DON'T HAVE TO WORRY ABOUT THOSE OTHER THRESHOLDS.

IT'S MOST IMPORTANT TO PAY ATTENTION TO THOSE ESTIMATED

CONSTRUCTION COSTS. >> OKAY.

WELL I TURN MY LIGHT OFF BUT I STILL WANTED TO SPEAK.

SO, MY QUESTION IS MAYBE GO TO LEN'S HIS CONCERN WITH THE COST. WE CAN CREATE OUR OWN MEDIUM AS A COMMISSION WE DON'T HAVE TO GO WITH $4 MILLION

[00:40:03]

WHAT IS THE TYPICAL AVERAGE? MAYBE NOT TO ANSWER THAT QUESTION DISHLY BUT IN A ROUNDABOUT WAY THE CITY CHARTER REQUIRES ANYTHING OWN $20,000 HAS TO COME BACK

TO YOU FOR APPROVAL. >> RIGHT.

>> SO I THOUGHT THAT WAS CASE THAT'S WHY I'M VERBALIZING ALL THIS FOR EVERYBODY'S ELSE BENEFIT.

SO I THINK THIS IS KIND OF A RINGER BECAUSE ANYTHING THAT'S OVER $20,000 WE WOULD HAVE TO APPROVE IT ANYWAY.

>> CORRECT. >> THAT'S ALL I WANTED TO SAY. THANK YOU.

>> CHARLIE BOARD TO HELP CLARIFY SOME OF THIS AS A CONSULTANT FOR 35 YEARS AS A CONSULTING ENGINEERING AND I THINK THIS IS HOW THIS STATUTE CAME ABOUT ENGINEERS AND ARCHITECTS DO NOT LIKE BID BE JOBS.

WE WANT TO BE BASED ON OUR QUALIFICATIONS AND OUR EXPERIENCE. WE DO NOT LIKE TO BE BASED ON OUR PRICE BEING THE LOW BALL PRICE TO WIN A JOB.

-- VERSUS A BIDDING CONTRACT.

THE WAY I ANTICIPATE IT IS THE WAY THE CITY ATTORNEY INTERPRETS IT. YOU GO TO QUALIFICATION BASED EVALUATION AND THEN YOU PICK THE BEST QUALIFIED FIRM THAT YOU THINK FOR THAT PARTICULAR JOB AND YOU GET A PRICE IN THEM AND YOU IF YOU CAN'T COME TO AN AGREEMENT YOU GO TO THE NEXT ONE. NONE OF THEM MEET THE PRICE THAT YOU WANT. AT LEAST ALL THE CONSULTANTS WILL BE ON A FAIR PLAYING FIELD AND THEN, NOT JUST BE

BASED ON PRICE. >> VICE MAYOR.

>> NOWHERE IN IN THE LAW DID I SEE THAT THAT WAS AN EXCEPTION. SO I INTERPRET THE WORD FOR EACH PROJECT AGENCY, ETC., FOR EACH PROPOSED PROJECT THE AGENCY SHALL EVALUATE NO FEWER THAN THREE FIRMS. WE DO NOT DO THAT. THE R.F.P. I MEAN I SEE THE WRITING. I WOULD PREFER TO USE AN

R.F.P. -- >> LET'S MOVE ON.

>> [LAUGHTER] THE R.F.P. THE R.F.P. YOU DON'T HAVE TO SELECT.

R.F.P.S YOU SELECT ON THE BASIS OF THE NEEDS OF THE CITY. AND I'M SAYING NOT TALKING ABOUT $35,000 SERVICE I'M TALKING ABOUT BIG DESIGN PROJECTS. THOSE THINGS I BELIEVE SHOULD BE R.F.P.ED OBVIOUSLY THAT'S NOT GOING TO HAPPEN

BUT THAT'S MY POSITION. >> MR. VICE MAYOR.

MR. GEORGE. >> IT'S MY INTENT TO USE CHARLIE GEORGE CITY ENGINEER, IT'S MY INTENT TO USE THIS FOR THE SMALLER PROJECTS. IT'S NOT GOING TO BE LIKE WE WOULD NOT USE THIS FOR THE NEXT WALL OR SOME MAJOR APPROVAL PLAN. IT'S FOR THE SMALLER PROJECTS WHERE WE NEED THE BOATHOUSE REBUILD IT WILL BE FOR SMALL LANDSCAPE JOBS IT MAY BE FOR SOME ROAD IMPROVEMENTS NOT A CITY WIDE TRANSPORTATION MASTERMIND.

IT WOULD NOT BE FOR THE BIG PROJECT IT'S FOR THE SMALL ONES THAT WE CAN EXPEDITE THE PROCESS TO GET SOMETHING DONE QUICKER THAN WHAT THAT NORMAL PROCESS WOULD BE.

>> THIS LAW DOES NOT CIRCUMVENT THE PARAMETERS FOR THIS RESOLUTION DOES NOT CIRCUMVENT THE PARAMETERS OF THE LAW THAT THE VITE MAYOR CITED.

IS THAT CORRECT? >> CORRECT.

>> WE HAVE TO -- THE PROBLEM WITH FOLLOWING THE LAW IS NOBODY IS QUITE SURE LAW IS IN THIS CASE WHAT THE ATTORNEY GENERAL SAYS IS KIND OF DON'T WORRY ABOUT THOSE WORDS AND THE ASSOCIATIONS SAY IT.

IF THIS IS DONE RIGHT IF THIS DONE RIGHT YOU CAN WORK IT'S VAGUE AS TO WHAT IT SAYS AND THE WAY IT'S ADMINISTERED. SO THIS LAW SAYS FOR EACH PROPOSED PROJECT THE AGENCY SHALL EVALUATE NO FEWER THAN THREE FIRMS. IT'S NOT WHAT WE'RE DOING.

THAT WOULD BE AN R.F.P. BUT THE GOT LINE ON THIS WAS

[00:45:05]

I KNOW WHERE WE'RE GOING. I UNDERSTAND.

COMMISSIONER ROSS. YOU KNOW, CALL THE QUESTION THE LAW IT'S OBVIOUS MURKY A LITTLE BIT.

IT'S A LITTLE SQUISHY WHEN SHE SAID THERE'S NO CASE LAW IT MEANS IT HAS NEVER GONE THROUGH WHEN YOU GO AROUND AND AROUND ARGUING ABOUT IT WHAT I WOULD LIKE TO CALL A QUESTION. UNLESS I'M CUTTING YOU OFF

MAYOR. >> COMMISSIONER ROSS, WHEN ONE OF US HAS QUESTIONS THEY DESERVE TO BE ASKED AND THEY

DESERVE TO BE ANSWERED. >> I AGREE.

BEFORE THE QUESTION IS PULLED.

>> I'M FINISHED I MADE MY POINT.

MY ONLY POINT IS LET'S FOLLOW THE LAW.

AND EACH OF THESE, EACH OF THESE BIDS ARE AWARDED CONTRACTS ARE APPROVED BY US.

SO AS THEY COME UP WE CAN CERTAINLY REVIEW WHETHER WE ARE FOLLOWING THE CORRECT PROCESS.

WITH THAT, MADAM CLERK PLEASE CALL THE VOTE.

>> THAT MOTION PASSED 4-1. >>> 7.4 SETTLEMENT AGREEMENT

[7.4 SETTLEMENT AGREEMENT - O'STEEN COMPANY, LLP]

OSTEEN COMPANY LLP. >> AS THE CITY COMMISSIONERS YOU KNOW THIS CITY VOLUNTARILY DISMISSED THE EMINENT DOMAIN CASE REGARDING THE WATERFRONT PROPERTY THERE OWNED BY OSTEEN AND SIMMONS FAMILIES.

AND, AND THAT, THAT LEFT ATTORNEYS FEES FOR THE PROPERTY OWNER TO BE DECIDED BY THE COURT A MOTION WAS FILED BY THE DEFENDANTS IN THIS CASE OR RESPONDENTS THAT OSTEEN FAMILY REQUESTING $77,000 IN ATTORNEYS FEES FOR THEIR ATTORNEY, AND WE THOUGHT THAT THAT WAS EXCESSIVE SO BOTH SIDES HIRED EXPERTS OTHER ATTORNEYS BASICALLY TO SAY WHETHER OR NOT THEIR FEES ARE REASONABLE AND WE CAME TO A SETTLEMENT WITH THE RESPONDENTS OR DEFENDANTS AND THAT SETTLEMENT IS $47,500. AND WE RECOMMEND APPROVAL.

>> WE RECOMMEND APPROVAL. >> I HAVE A MOTION IN THE SECOND. ANY DISCUSSION.

>> COMMISSIONER ROSS. >> SO THE INITIAL CRA THE NECESSITY AND FINDINGS THAT WE LOOKED AT TODAY IN 2004 USED A PICTURE OF THIS PROPERTY SO ILLUSTRATE UNSAFE AND UNSANITARY CONDITIONS.

NOTHING HAS CHANGED IN 18 YEARS AS SHOWN BY THE PHOTOGRAPHS EXCEPT THERE HAS BEEN MORE EROSION ON THE PROPERTY. THE PREVIOUS CITY COMMISSION ATTESTED TO PURCHASE THE PROPERTY FROM THE PROPERTY OWNER THE OWNER AND CORRECT ME IF I'M WRONG CITY ATTORNEY, THE OWNERS REFUSED TO ENGAGE OR EVEN GIVE A PRICE AND THEN THE PREVIOUS CITY COMMISSION VOTED 4-1 TO OBTAIN THE PROPERTY BY EMINENT DOMAIN WHICH CAUSED

THIS BILL TO BE ACQUIRED. >>S WHY.

>> THEY FILED IT FOR THREE REASONS.

THE FIRST WAS WE NEEDED THE PROPERTY AS SORT OF THE LINCHPIN IN PUTTING IN FOR FLOOD PROTECTION.

NUMBER TWO, THE DISTANCE BETWEEN THE RAILROAD WHICH ISN'T GOING TO BE MOVED, AND THE PROPERTY LINE IS 24 FEET. AND TO PUT IN A 22 FOOT WIDE ROAD, AND A FIVE FOOT WIDE SIDEWALK THE PROPER SEPARATION FROM THE RAIL AS REQUIRED BY FEDERAL LAW YOU NEED 36 FEET. SO WE'RE A LITTLE BIT SHORT WITHOUT THIS PROPERTY IN GETTING IN A ROAD THAT WE AGREED TO NEEDS TO BE PART OF THE OF THE C.R.A..

THEN FINALLY IT WAS DOWN PROVIDE MORE GREEN SPACE AND PARKING FOR PUBLIC ENJOYMENT.

SO THIS CITY COMMISSION VOTED 4-1 TO STOP THE EMINENT DOMAIN AND THAT'S THE REASON FOR THIS PAYMENT.

SO I'LL VOTE FOR THIS BECAUSE IT'S A REASONABLE SETTLEMENT AND SO ON. BUT MY QUESTION TO MY FELL LOW COMMISSIONERS IS THE QUESTION STILL REMAINS HOW IS THE CITY GOING TO PROVIDE FLOOD PROTECTION WITHOUT THIS PARCEL. YOU WOULD LIKE TO EITHER ADDRESS THAT TONIGHT OR SOMETIMES IN THE DISTANT

FUTURE. >> THAT'S A BIT OFF TOPIC SINCE THE MOTION IS ON SETTLEMENT CERTAINLY WELCOME TO POSE THAT AT THE NEXT CRA OR THE NEXT CITY COMMISSION

AS FOR WHICH COMMISSIONER -- >> THANK YOU, MR. MAYOR.

[00:50:01]

WE HAVE TO DO. >> ANY OTHER COMMENTS?

>> SEE NONE. MADAM CLERK PLEASE CALL THE VOTE.

>> RELUCTANTLY, YES. >> THAT MOTION PASSED 5-0.

>> COURT APPOINTMENTS 8.1 GENERAL EMPLOYEES PENSION

[8. BOARD APPOINTMENTS]

PLAN. >> I MOVE TO APPOINTED SUSAN

CARLIS AND DARRYL FORD. >> SECOND.

I HAVE A MOTION AND A SECOND.

ANY DISCUSSION? CITY CLERK.

>> THERE IS ONE APPLICANT FOR THE CITY COMMISSION RESIDENT AND TWO APPLICANTS ARE MR. FORD.

SO THERE'S ONE FEE AND TWO APPLICATIONS.

>> THE OTHER ONE IS RATIFYING MINISTERIAL DUTIES WE WILL APPOINT -- TO BUILD THE FENCE MR. GIB IS SELECTED BY THE BOARD OF TRUSTEES.

SO IF THERE'S ONE SEAT BY THE BOARD THERE'S TWO SEATS THAT ARE FILLED BY THE COMMISSION BUT ONLY ONE OF

THE SEATS HAS BEEN TAKEN. >> UNDERSTOOD.

I WILL WITHDRAW MY MOTION. >> I WOULD LIKE TO FILE A MOTION TO TABLE IT TO THE NEXT MEETING SO SHAME ON ME I DIDN'T READ ANY OF THESE BECAUSE I THOUGHT THAT THEY BOTH WERE QUALIFIED AND THERE WERE TWO SEATS AVAILABLE. SO I WOULD LIKE TO MOVE THIS

TO THE NEXT MEETING. >> I WILL SECOND THE TABLE.

AND SO I CAN -- I LIKE TO CALL THE PEOPLE.

>> CITY CLERK. POSTPONE IT DOESN'T COME OFF

THE TABLE. >> POSTPONE TO THE NEXT

MEETING. >> I WOULD REQUEST THOUGH THAT THE CITY COMMISSION RATIFY THE APPOINTMENT OF MR. GIBBS. I MOVE TO APPOINTMENT STEVE

GIBBS. >> SECOND.

A MOTION AND A SECOND. PLEASE CALL THE VOTE.

>> WHICH MOTION. BY MR. GIBBS.

WHO SECONDED IT? >> ME.

NOW I WILL MOVE TO POSTPONE THE SECOND ONE TO THE NEXT

MEETING. >> SECOND.

>> CITY CLERK WILL YOU PLEAD CALL THE VOTE TO POSTPONE.

[9. CITY MANAGER REPORTS]

REPORT. >> THANK YOU, MR. MAYOR.

JUST A REMINDER ALTHOUGH COMMISSIONER ROSS IS WEARING THE SHIRT THIS EVENING TOMORROW ACTUALLY IS THE COUNTY NATIONAL BREAST CANCER AWARENESS DAY SO WE ENCOURAGE EVERYBODY TO WEAR PINK.

I WILL BE ON VACATION AND WILL NOT BE HERE AT THE NOVEMBER 2ND CITY COMMISSION MEETING.

MR. GEORGE WILL BE NIG IN MY STEAD.

HE -- REPRESENTING THE CITY STAFF AT THE NOVEMBER 2ND CITY COMMISSION MEETING. AS I INDICATED EARLIER THE CITY DID FINALLY RECEIVE AFTER 20 YEARS THE FORMAL SIGN STIPULATION OF PARTIES FROM THE RAILROAD FOR THE REOPENING OF THE ALACHUA COUNTY STREET.

MR. GEORGE AND I WILL MOVE FORWARD WITH THENT THAT THAT WILL BE COMPLETED IN THIS NEW FISCAL YEAR.

CITY CLERK AND MR. ROSS YOUR LIGHTS ARE ON.

>> THANK YOU. >> THE RADAR SCANNING OF THE

PILINGS ON THE RESTAURANT. >> I'M SORRY.

>> WHAT DOES IT DISCLOSE? >> IT DISCLOSED THAT THERE ARE SOME CRACKS THROUGHOUT THE PILE CAPS AND THAT INFORMATION WILL BE PART OF THE HEARING SCHEDULED FOR TOMORROW NIGHT BEFORE THE BOARD OF ADJUSTMENT.

>> WILL MR. GEORGE TESTIFY IN THAT.

>> YES HE WILL BE AT THAT MEETING.

ANY OTHER QUESTIONS OF THE CITY MANAGER.

SEEING NONE, THANK YOU. >> THANK YOU.

>> CITY ATTORNEY. >> IT'S REQUIRED BY LAW CITY

[10. CITY ATTORNEY REPORTS]

[00:55:05]

COULD ON THE THURSDAY. >> HOW ARE THE REST OF YOU ON THURSDAY. THE REST WAS THE 28TH.

GO AHEAD AND MEET. I TRUST MY FELL LOW COMMISSIONERS. -- FELLOW COMMISSIONERS.

>> ME, TOO. >> BUT IF YOU ARE AVAILABLE

ON THE 28TH OR NO. >> NO.

THAT'S FINE. LET'S DO THE 26TH SINCE WE ALREADY AGREE WITH THAT. THE SHADE IMMEDIATING WITH THE COURT RECORDER 5:00 P.M. NEXT TUESDAY.

MR. CITY MANAGER MARTIN TALKED ABOUT THE BOARD OF ADJUSTMENT MEETS TOMORROW AT 5:00 P.M. THERE IS ONE CASE ON THE AGENDA IT IS THE APPEAL OF THE CITY'S NOTICE OF UNSAFE STRUCTURE. IN THAT CASE THE INFORMATION I HAVE SO FAR IS THAT WE WILL HAVE THE CITY'S ENGINEER CHARLIE GEORGE TESTIFY THE WAY THAT IT WILL GO IS FIRST BECAUSE IT'S AN APPEAL THE APPELLANT CENTER STREET RESTAURANT GROUP IS GOING TO HAS APPEALED THE NOTICE OF UNSAFE SISTER. THEIR ENGINEER OUT OF JACKSONVILLE IS GOING TESTIFY ON THEIR BEHALF.

HE ISSUED ANOTHER LETTER TODAY SAYING THAT BASED UPON THE IMAGING STUDY THAT WAS DONE HE BELIEVES THAT THIS STRUCTURE IS SAFE AT LEAST FOR THE NEXT FOUR YEARS.

SAFE TO OCCUPY. OUR ENGINEER MR. GEORGE DOES NOT DISAGREE WITH THAT OPINION.

AND BECAUSE MR. GEORGE IS A CIVIL ENGINEERING, MR. KEISTER IS A STRUCTURAL ENGINEERING WHICH IS THE AREA OF EXPERTISE WE'RE LOOKING FOR THE CITY SEVERAL WEEKS AGO HIRED WHO HIRED MR. DENNIS WILKINSON IS GOING TO TESTIFY ON THE CITY'S BEHALF AT LEAST BY PHONE THAT HE BELIEVES THAT FURTHER TESTING WHICH WE DISCUSSED IN THE MEETING FURTHER TESTING WOULD NOT INCLUDE FURTHER RADAR IMAGING OR IMPACT IMAGING THAT THEY CALLED IT. BUT WOULD INCLUDE LITERALLY CUTTING PART OF THE CONCRETE TO LOOK INSIDE AT THE CLOSEST REBAR THAT CAN BE EXPOSED TO SEE HOW MUCH CORROSION IN SOME OF THE PLACES I'VE SENT ALL OF YOU AN E-MAIL WITH THE REPORT FROM GEO WHICH INCLUDES THE COLORING IF YOU HAVE ANY QUESTIONS WILL YOU PLEASE FEEL FREE TO CALL ME I KNOW THAT BETTER THAN I LIKE TO IN IN TERMS OF WHAT IT'S ACTUALLY SHOWING THERE ARE AREAS THAT ARE WORSE THAN OTHERS THEY WILL DO A CUT AND LOOK AT THE REBAR AND SEE HOW MUCH OF THE REBAR IS ACTUALLY REMAINING AND HOW MUCH CORROSION IS GOING ON INSIDE. THERE I SUSPECT JUST SUSPECT THAT THE BOARD OF ADJUSTMENT HAS A NUMBER OF OPTIONS.

THEY CAN AGREE WITH THE CITY ENGINEER THAT IT IS NOT SAFE TO OCCUPY THAT THEY MUST VACATE THE BUILDING MEANING BRETT'S RESTAURANT. THE BOARD OF ADJUSTMENT CAN AGREE WITH THE ENGINEER FOR MR. KEISTER AND FIND THAT THE STRUCTURE IS SAFE TO OCCUPY.

ONE OF THE THINGS WE TALKED ABOUT AT THE MEETING YESTERDAY THIS IS JUST ENGINEERS AND LAWYER IS THAT PERHAPS A PERIODIC MONITORING THAT WE CAN AGREE ON EVEN IF THAT'S EVERY MONTH LOOKING AT THOSE BEAMS GOING UNDER THERE AND INSPECTING IT.

MIGHT BE SOMETHING THAT AT LEAST MR. KEISTER WOULD SAY WOULD SUFFICE FOR HIM OUR MR. GEORGE SAYS HE'S NOT GOING TO AGREE WITH THAT. NOW WE HAVE THE CITY'S I KNOW THAT IS OKAY WITH FURTHER TESTING BECAUSE THE MORE INFORMATION THE BETTER SO LET'S SEE WHAT THE BOARD OF ADJUSTMENT DOES TONIGHT THEIR THIRD OPTION IS TO POSTPONE THAT TO CUT INTO THE CONCRETE AND LOOK AT THE REINFORCING REBAR. I HAVE LEARNED MORE ABOUT CONCRETE, TOO. APPARENTLY THE CONCRETE IS JUST A COVER. THE REBAR IS ALL OF THE SUPPORT. SO, ARE THERE ANY QUESTIONS?

>> OKAY. THE HEARING IS IN THESE CHAMBERS TOMORROW,S THAT ALL I HAVE TONIGHT.

>> THANK YOU. >> ITEM 11 CITY CLERK.

>> NO COMMENT, MR. MAYOR, THANK YOU.

>> THANK YOU. >> COMMISSIONER COMMENTS.

[12. MAYOR/COMMISSIONER COMMENTS]

VICE MAYOR. >> I HAVE A COUPLE COMMENTS THIS EVENING. IF YOU REMEMBER THE VOLUNTARY ANNEXATION FOR BONNEVILLE AS A RESULT OF THAT I MENTIONED AT THE MEETING THAT I WAS GOING TO

[01:00:02]

WELL,DY SUBMIT THAT ALONG WITH TWO OTHER PIECES OF PROPERTY IN COUNTY. WOULD YOU BELIEVE THAT I AM THE ONLY NONSTAFF IN THIS COUNTY WHO IS NOW THE COUNTY IS GOING TO GO TO A REFERENDUM.

OKAY. AND WHETHER THAT'S A REALISTIC WHETHER IT'S GOING TO HAPPEN OR NOT PROPERTIES MAY OR MAY NOT HAPPEN. AS A RESULT I BELIEVE THE CITY IS COMPOUNDING A LIST OF MANY OF THESE AREAS.

WHAT INTERESTS ME IS THAT NOBODY ALL OF THESE COVERINGS GROUPS HAVE DONE NOTHING.

IT'S PRETTY MUCH THE SAME CASE WITH OUR IN 2018 NOMINATION. SO THAT WAS ONE THING.

YEAH. SO I'M ENCOURAGING PEOPLE PUT THAT IN YOU KNOW. AS AN EXAMPLE WE HAVE 45 ACRES OUT THERE. DO THEY WANT TO SELL IT? I DON'T THINK THEY WANT TO SELL A TRUST.

BUT WITH ENOUGH PUBLIC INPUT OF NOMINATION YOU NEVER KNOW WHAT COULD HAPPEN, YOU KNOW. ANOTHER THING THIS IS A RESULT OF ON THE 13TH NOVEMBER WE'RE GOING TO IT'S CALLED HISPANIC SERVICE FAIR THIS IS AN OFF CHUTE OF HISPANIC HERITAGE MONTH. WHAT IS THE GOAL 6.7 BY CENTS IT'S REALLY MUCH HIGHER BECAUSE YOU THOUGH WE HAVE A LOW COUNT INTO THE COMMUNITY.

SO WE HAVE A TECHNICAL CENTER ON THE 13TH IN THE MORNING THERE'S A STANDARD BAR IN THE SCHOOL GIVEAWAY FROM 8:00 TO 10:00 WE HAVE IMMIGRATION LAWYERS COMING IN. WE HAVE BANKING COMING IN WE'LL HAVE BARNABUS HAS $8,000 EARMARKED FOR HISPANIC. THE GOAL IS TO TWO-FOLD.

IT'S TO SERVE THEM IN ALL OF THE HISPANIC COMMUNITY BUT ALSO SEE IF WE CAN BRING THEM MORE INTO THE CITY.

SO IF INTO CITY GOVERNMENT INTO THEIR CHAMBERS.

SO, I'M REAL PLEASED THAT WE'RE DOING THIS.

THAT'S IT. WELL DONE.

COMMISSIONER. >> I HEARD IT PRONOUNCED A FEW DIFFERENT WAYS. BONNIE VIEW ROAD.

I JUST WANT TO MAKE SURE WE'RE TALKING ABOUT.

COMMISSIONER STURGIS. >> THANK YOU, MAYOR.

I'M SO HAPPY THAT WE'RE MOVING FORWARD WITH ALACHUA STREET IT'S BEEN A LONG TIME COMING AND THE FACT THAT THE RAILROAD APPROVED IT WE BUDGETED WE'RE GOING TO DO IT MAKES US AS A COMMISSION AN ACTING COMMISSION.

I'M REALLY HAPPY THAT WE'RE FOLLOWING THROUGH WITH SOME OF THESE THINGS THAT NEEDED TO BE DONE.

THEY NEEDED TO BE DONE FOR YEARS.

THEN AGAIN, I APPRECIATE THE FIRE DEPARTMENT HOWEVER I GOT THIS T-SHIRT I WILL WEAR IT WITH PRIDE FOR BREAST CANCER AWARENESS MONTH. I THINK THIS IS A BEAUTIFUL THING. PINK IS BEAUTIFUL EVEN ON

MEN. >> THANK YOU, CHIEF.

>> THAT'S IT. THANK YOU, SIR.

>> COMMISSIONER ROSS. >> PINK IS BEAUTIFUL.

THAT'S ENOUGH. [LAUGHTER] MY PINK GLASSES AND MY PINK SHIRT.

I'M PINKED OUT. AND I HAD TO GIVE -- NEVER MIND I WON'T BRING THAT ONE UP.

THANK YOU NO FURTHER COMMENTS.

>> A COUPLE THINGS. THANK YOUS AND AN EVENT.

SO THE NASSAU KEEP NASSAU BEAUTIFUL GIVEAWAY.

FOR CITY RESIDENTS AT THE TECH CENTER SATURDAY BEGINNING AT 9:00 A.M. FOR MORE INFORMATION YOU CAN CONTACT OUR DIGITAL COMMUNICATION SPECIALIST MARIENBERG FOR KEEP NASSAU BEAUTIFUL.

I THANK YOU TO SCWOL THANK YOU FERNANDINA CYCLING FITNESS CENTER FOR SUPPORTING THE POLICE DEPARTMENT BICYCLE PATROL PROGRAM.

HE PROVIDED FOUR NEW BICYCLES AT A PRICE THAT SAVED TAXPAYERS CONSIDERABLE AMOUNT OF MONEY.

AND THE BIKE SHOP AIDS THAT PROGRAM TO SUPPORT AND ENCOURAGE INTERACTION WITH OUR POLICE OFFICERS.

FINALLY, A THANK YOU TO THE ENTIRE SUMMER HOUSE REALTY TEAM FOR HOSTING THEIR FIRST RESPONDERS APPRECIATION BREAKFAST. SO THE FIRE AND POLICE DEPARTMENT PERSONNELS SINCERELY APPRECIATE THE OUTPOURING OF SUPPORT FOR THEIR EFFORTS TO KEEP OUR COMMUNITY SAFE. WITH THAT WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.