Nov 16, 2021 Regular Meeting

[1. CALL TO ORDER]

[00:00:07]

>> CALL TO ORDER THE NOVEMBER 16, 2021 REGULAR MEETING OF THE FERNANDINA BEACH CITY COMMISSION.

WILL YOU PLEASE CALL THE ROLL. >> MAYOR? VICE MAYOR, WILL LEAD US THROUGH THE MEMBER.

PLEASE REMAIN STANDING. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND

JUSTICE FOR ALL. >> WELCOME, REVEREND.

>> THANK YOU. GOOD EVENING, EVERYONE.

THANK Y'ALL FOR ALLOWING ME TO COME BACK OUT HERE.

SINC I ONLY GET TO COME EVERY THREE OR FOUR MONDAYS LET ME SAY THIS. HAPPY THANKSGIVING, MERRY CHRISTMAS, HAPPY HANUKKAH AND HAPPY NEW YEAR.

SO IT'S A PLEASURE TO BE HERE. I WAS WALKING IN THE BUILDING TONIGHT, REMINDED OF THE NIGHT LIFE THAT WE HAVE HERE DOWNTOWN WITH THE MUSIC AND YOU TYPICALLY HAVE PEOPLE WHO SPECTATE.

THEY ONLY OBSERVE. THEN YOU HAVE SOME WHO LOVE TO PARTICIPATE AND SING ALONG. RIGHT? SO I JUST WANT TO ENCOURAGE YOU IF YOU BELIEVE IN THE LORD, DON'T JUST SPECTATE MY PRAYER, JOIN WITH ME AND LET'S PRAY TOGETHER TONIGHT. LET'S BOW OUR HEADS AND HEARTS.

FATHER WE ARE SO GRATEFUL TO BE HERE TONIGHT, LORD GOD.

YOU HAVE MADE A BEAUTIFUL CITY HERE IN FERNANDINA BEACH AND AMELIA ISLAND. I AM SO GRATEFUL THAT AT THE BEGINNING OF TIME WHEN YOU THOUGHT TO SPEAK EVERYTHING INTO EXISTENCE THAT YOU PLANNED EVERYTHING AROUND US AND ALL THAT WE SEE WE ARE BLESSED TO BE ABLE TO LIVE WHERE THOUSANDS COME TO VACATION AND THEY HAVE TO GO BACK HOME AND YET WE GET TO CALL IT HOME. AND SO GOD I JUST THANK YOU SO VERY MUCH FOR THE LEADERSHIP TEAM THAT'S BEHIND ME AND THAT SURROUND THIS ROOM DEAR GOD. THOSE WHO YOU HAVE PUT INTO THESE POSITIONS TO OVERSEE AND TO FACILITATE ALL THE BUSINESS OF THIS BEAUTIFUL PLACE. GOD THANK YOU, JUST, FORGAVING THEM WITNESS AND DISCERNMENT TO MAKE RIGHT DECISIONS GOING FORWARD SO THAT WE CAN MAINTAIN THE INTEGRITY AND JUST THE BEAUTY OF THIS PLACE. BLESS THIS TIME TOGETHER TONIGHT AND BLESS EVERYONE HERE AND THEIR FAMILIES.

GOD YOU ARE SO GOOD TO US AND WE THANK YOU FOR YOUR MANY BLESSINGS. WE PRAY BELIEVING, BECAUSE WE ASK ALL THIS IN JESUS' NAME. AMEN.

>> THANK YOU, SIR. >> ALL RIGHT.

A COUPLE OF HOUSEKEEPING ITEMS. PERSONAL DEVICES, CELL PHONES, PLEASE PUT THOSE ON AIRPLANE OR SILENT MODE.

GREATLY APPRECIATED. WE ARE STILL UNDER CDC COVID-19 GUIDELINES. SO, TAKE WHATEVER MEASURES FOR YOUR HEALTH AND SAFETY THAT YOU DEEM NECESSARY OF.

AND OUR DECORUM, PROFESSIONAL AND RESPECTFUL CONDUCT AT ALL TIMES. AND I WILL MAKE THIS SIDE NOTE.

COMMISSIONERS, WHEN ONE COMMISSIONER IS SPEAKING, AND YOU MAKE A COMMENT UNDER YOUR BREATH, THE MICROPHONES PICK IT UP. I CAN HEAR IT.

SO IF YOU WANT TO MENTALLY SAY SOMETHING, WRITE IT DOWN AND TURN YOUR LIGHT ON. BECAUSE EVERYONE HAS THE ABILITY TO SPEAK HERE MANY SO, I WOULD JUST ASK FOR YOU TO BE RESPECTFUL OF THE COMMISSIONERS OR OTHERS WHILE THEY SPEAK.

[4.1 BUDGET SUMMARY]

YOU HAVE THE FLOOR. >> OCTOBER IS THE FIRST MONTH AND REPRESENTS 8.3 OF THE BUDGETED FISCAL YEAR.

FOR THE GENERAL FUND YEAR-TO-DATE REVENUE IS AT 3.7% OF THE ANNUAL BUDGET. THE MAJORITY OF PROPERTY TAXES ARE PAID IN NOVEMBER AND DECEMBER.

OVER ALL YEAR TO DATE, SOME DEPARTMENTS ARE OVER THE MARK DUE TO PAYMENTS FOR ANNUAL SERVICE AND MAYBE TEN ANSWER CONTRACTS. ALL THE INTERFUND TRANSFERS HAVE BEEN COMPLETED. CAPITAL IMPROVEMENT.

FOR GOLF COURSE, YOU RECEIVED THE REPORTS OF SEGREGATED BICOST CENTER. STAFF IS WORKING ON REALLOCATING THE BUDGET AND THE BUDGET AMENDMENT WILL BE ON THE DECEMBER 7 AGENDA. AIRPORT REVENUES EXCEED EXPENSES PRIMARILY DUE TO LAND AND RENT LEASES.

ALL UTILITY FUNDS REVENUES EXCEED EXPENSES AND FOR THE MARINA, THERE'S A NET OPERATING CONTRIBUTION AFTER ELIMINATING

[00:05:02]

DOES ANYONE HAVE ANY QUESTIONS? >> ANY QUESTIONS? I JUST HAVE ONE COMMENT AND IT'S MORE FOR THE CITY MANAGER.

WHILE YOU WERE GONE, AT OUR MEETING, AND I'M SURE MR. GEORGE CONVEYED THIS TO YOU, ABOUT OUR KEY PERFORMANCE INDICATORS IN THE ENTERPRISE FUNDS. WHEN ARE WE LIKELY -- AND AGAIN, IT'S NOT DIRECTED TO YOU, IT'S DIRECTED TO THE CITY MANAGER -- WHEN ARE WE LIKELY TO SEE OUR FIRST SHOT AT THAT?

>> THAT IS ACTUALLY ON THE DECEMBER 7 WORKSHOP AGENDAS TO GO OVER THE DISCUSSION THAT YOU HAD.

AND STAFF WILL BE ABLE TO PREPARE AND PRESENT TO YOU THE

DASH BOARDS. >> GREAT.

THANK YOU. >> ALL RIGHT.

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

OR ON THE CONSENT AGENDA. I HAVE ONE REQUEST TO SPEAK.

AND I THINK I JUST RECEIVED ANOTHER.

JIMMY WISENER. DID I PRONOUNCE THAT CORRECTLY? WINSEER. WELCOME, SIR.

>> THANK YOU. MAYOR, COMMISSIONERS, MY NAME IS JIMMY WINSEER, VICE PRESIDENT OF THE AMELIA ISLAND BULLS CLUB.

WE HELD THE 12TH ANNUAL TOURNAMENT AT THE ARENA.

I KNOW THAT YOU ALL ARE ACCUSTOMED TO RESIDENTS COMING UP HERE AND COMPLAINING AND ALL THAT.

I WOULD LIKE TO TURN THE TABLE AND SAY A BIG THANK YOU.

DESPITE THE CONDITION, THE CONTRACTOR LEFT THE MARINA IN, AND THE TWO DAYS OF RAIN AND THE EXCEPTIONALLY HIGH TIDE, FLOODING FRONT STREET, YOUR STAFF, JIMMY GRIMM AND ALL THE MAINTENANCE PEOPLE, PULLED OFF A MIRACLE AND I CAN'T EXPRESS THAT ENOUGH. ON BEHALF OF THE UNITED P -- AND THE AMELIA ISLAND BULLS CLUB, I WOULD LIKE TO THANK YOU.

I PREPARED FOR YOU TO HAVE A FEW SETS OF PHOTOGRAPHS -- I THINK THERE'S AT LEAST ONE FOR EACH OF YOU.

OF WHAT THE PLACE LOOKED LIKE -- IF YOU WOULD PASS THEM DOWN, PLEASE, OF WHAT THE MARINA LOOKED LIKE ON TUESDAY AND WEDNESDAY OF LAST WEEK. AND IN THE MIDDLE THERE, THERE'S A PICTURE OF THE 2019 TOURNAMENT WHICH IS A GOOD REPRESENTATION OF WHAT THE TOURNAMENT LOOKED LIKE ON FRIDAY.

AND AGAIN, IT WAS TOTALLY A MIRACLE.

THE LAST FEW PICTURES ARE OF THE FINAL GAME AND YOU WILL SEE IT'S A BEAUTIFUL SUNSET AND THAT'S WHY I LOVE PLAYING -- THANK YOU ALL FOR EVERYTHING YOU HAVE ALL DONE.

>> THANK YOU SO MUCH, SIR. I WAS OUT THERE WORKING FOR POLICE AUXILIARY. IT WAS GREAT TURNOUT.

IT WAS GREAT TO SEE THE RETURN OF THE INTERNATIONAL TEAMS. AND WE SO ENJOY HOSTING THIS EVENT.

AND THANK YOU FOR YOUR KIND WORDS.

TO OUR EXTRAORDINARY STAFF PULLING THIS OFF.

THANK YOU SO MUCH. >> THANK YOU AGAIN.

>> ALL RIGHT. MS. LISA FINKELSTEIN.

>> LISA FINKELSTEIN, 492 STARBOARD LANDING, FERNANDINA BEACH. I JUST WANTED TO TAKE A MOMENT TO REVISIT THE DISCUSSION ABOUT THE CRA AND RESURRECTING THE CRA ADVISORY BOARD. THE CRA WAS PLACED INTO THE MAIN STREET DISTRICT TWO YEARS AGO WHEN THE BOUNDARIES WERE EXPANDED AND THAT WAS APPROVED BY THE CITY COMMISSION AT THE TIME. THE CRA ADVISORY BOARD WAS NOT MEETING AT THAT TIME. BUT THE CRA ADVISORY BOARD IS CHARGED WITH THE TASK OF ADVISING THE CRA AGENCY ON ISSUES INCLUDING IMPLEMENTATION OF THE CRA PLAN BY PROVIDING RECOMMENDATIONS AND ASSISTANCE IN IDENTIFYING AND PRIORITIZING PROJECTS TO BE UNDERTAKEN AS CONSISTENT WITH THE CRA PLAN.

THE FOCUS OF THIS GROUP IS ECONOMIC DEVELOPMENT OF PROPERTIES IN THE CITY ESTABLISHED CRA AND THE AJOINING CENTRAL BUSINESS DISTRICT WITH SPECIFIC CONSIDERATION ON ATTRACTING AND RETAINING BUSINESSES.

NOW IF YOU LISTEN TO THAT, THEN YOU LISTEN TO THE FERNANDINA BEACH MAIN STREET MISSION WHICH IS TO PROMOTE ECONOMIC VITALITY AND HISTORIC PRESERVATION IN THE MAIN STREET DISTRICT WHICH INCLUDES THE CRA. IN A COMMUNITY WITH DIVERGENT INTERESTS AND THAT HOME TO A RICH HISTORY, MAIN STREET IS THE

[00:10:03]

BY USING MAIN STREET'S FOUR-POINT APPROACH OF DESIGN, ORGANIZATION, PROMOTIONS AND ECONOMIC VITALITY, WE ARE EQUIPPED TO GUIDE AND CULTIVATE DEVELOPMENT IN THE MAIN STREET DISTRICT. AGAIN, WHICH INCLUDES THE CRA.

WE ARE PROPOSING A CREATION OF AN AD-HOC CRA COMMITTEE WITHIN THE MAIN STREET ORGANIZATION TO PROVIDE LASER FOCUS ON THE CRA SECTION OF OUR DISTRICT AND WORK WITH THE EXISTING COUNSELS MADE UP OF DEDICATED PROFESSIONALS AND VOLUNTEERS WITH VARIOUS SKILL SETS, TO PROMOTE THIS AREA.

MAIN STREET'S PROFESSIONAL SERVICES AGREEMENT WITH THE CITY ALREADY REQUIRES THAT 20% OF THE MAIN STREET EXECUTIVE DIRECTOR'S TIME -- MY TIME -- BE SPENT IN THE CRA.

THE DESIGN COUNCIL HAS ALREADY DEVOTED SEVERAL MONTHS ON STREET SCAPE ELEMENTS TO BE USED ALONG NORTH SECOND STREET AND AT THE ALACHUA STREET CROSSING. AN AD HOC CRA COMMITTEE WOULD ENSURE THAT THE PROJECTS WITHIN THE CRA WERE DIRECTED TO THE APPROPRIATE MAIN STREET COUNSEL. MAIN STREET WOULD INCLUDE UPDATES IN QUARTERLY REPORTS TO THE CITY COMMISSION.

MAIN STREET HAS ESTABLISHED A GOOD WORKING RELATIONSHIP WITH THE CITY AND OTHER ORGANIZATIONS LIKE THE RESTORATION FOUNDATION, NA IS, SAU COUNTY CHAMBER OF COMMERCE, PBA, FLOWERING FERNANDINA AND OTHERS PROVING OUR WILLINGNESS TO BE OPEN TO COOPERATION. PROVIDING ANOTHER BOARD WHICH TAKES IT UP STAFF TIME FOR THE CITY AND IS REDUNDANT TO TO THE MAIN STREET ORGANIZATION'S CURRENT SCOPE OF RESPONSIBILITIES DOES NOT SEEM TO BE IN THE BEST INTEREST OF THIS COMMUNITY. THANK YOU.

TIMING WAS AWESOME, WASN'T IT. >> IMPRESSIVE.

>> ALL RIGHT, COMMISSIONERS -- WE ALL HAVE RECEIVED A COUPLE OF E-MAILS ABOUT THIS. I AM GOING TO POST A DISCUSSION UNDER ITEM 8.1 WHEN THE NOMINATION FOR THE CRA IS DISCUSSED. AND WE CAN GO IN DEPTH ON THIS TOPIC. ALL RIGHT.

[6. CONSENT AGENDA]

>> RECOMMEND APPROVAL. >> I SECOND.

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

VOTE PLEASE. >> VICE MAYOR?

>> YES. >> COMMISSIONER BEAN?

>> YES. >> COMMISSIONER STIR GIST.

>> YES. >> COMMISSIONER ROSS.

>> YES. >> MAYOR?

>> YES. CONSENT AGENDA PASSED 5-0.

[7.1 RESTATING AND AMENDING LEGISLATIVE PRIORITY RECOMMENDATION AND SUPPORT ]

MISS BACH? >> YES, I'LL JUST BRIEFLY GO THROUGH SINCE THE NOVEMBER 2 MEETING AS YOU KNOW WE ADDED THE EMERGENCY ITEM ON THE CONSENT AGENDA FOR THE PUBLIC TO SEE TONIGHT AND Y'ALL VOTED FOR THAT.

SINCE THEN, IN CONSULTATION WITH THE CITY'S LOBBYIST, MR. JACOBS, WE HAVE GENERAL BILLS ASKING FOR FUNDING FROM THE STATE AND WE HAVE A LOCAL BILL. SO, FOR THE GENERAL BILLS, THE FOUR PRIORITIES DID NOT CHANGE. $1 MILLION FOR SHORELINE STABLIZATION. SECOND PRIORITY, $1 MILLION GRANT APPLICATION FOR PECK CENTER IMPROVEMENTS.

THIRD PRIORITY, $500,000 FOR BEACH WALKOVERS.

FOURTH PRIORITY, $2 MILLION FOR DESIGN CONSTRUCTION AND/OR RECONSTRUCTION OF ADMINISTRATIVE BUILDINGS AND LEGISLATIVE MEETING SPACE. THOSE DID NOT CHANGE.

FOR THE LOCAL BILL, THAT DID CHANGE A LITTLE BIT AND WE HAVE THREE PRIORITIES UNDER THAT LOCAL BILL.

AND THIS IS REGARDING THE PORT AUTHORITY.

THE PORT CHARTER FROM 2005. SO THIS WOULD BE AMENDING CHAPTER 2005-293. THE FIRST ONE IS AMEND SECTION 12 OF THAT CHAPTER LAW TO PROHIBIT EXPANSION OF THE PORT OF FERNANDINA AND PORT FACILITIES INTO THE ADJACENT DOWNTOWN HISTORIC DISTRICT. TWO, AMEND SECTION 12 TO REQUIRE PORT OF FERNANDINA AND PORT FACILITIES TO DEVELOP THEIR PROPERTIES IN COMPLIANCE WITH STATE LAW AND THE APPLICABLE CITY OR COUNTY COMPREHENSIVE PLAN.

AND, REMEMBER -- THEY HAVE POWERS OUTSIDE OF THE CITY OF FERNANDINA BEACH. AND NUMBER THREE IS AMEND SECTION 10 TO REQUIRE THAT THE RESPONSIBILITY FOR PAYING AD VALORUM OR PROPERTY TAXES RESULTING FROM PRIVATE USE OF PORT AUTHORITY-OWNED PROPERTY SHALL REMAIN WITH THE PRIVATE ENTITY AND NOT WITH THE PORT AUTHORITY.

SO THAT IS WHAT THE RESOLUTION READS AND STAFF RECOMMENDS

APPROVAL. >> OK.

THE OCEAN HIGHWAY PORT AUTHORITY CHAIRMAN IS HERE.

IN FULWOOD. I NEED A MOTION FIRST.

SO -- >> MOTION TO APPROVE.

[00:15:02]

>> SECOND. >> OK.

I HAVE A MOTION AND SECOND. CHAIRMAN, WOULD YOU LIKE TO

ADDRESS THE COMMISSION? >> YES.

I AM A LITTLE JEALOUS. -- [LAUGHTER] -- AND CHAIRMAN I HAVE SUSPENDED THE TIME LIMIT FOR THIS DISCUSSION.

>> THANK YOU VERY MUCH. GOOD EVENING, MR. MAYOR AND COMMISSIONERS. MY NAME IS DANNY FULLWOOD CHAIRMAN OF THE BOARD OF THE OCEAN HIGHWAY PORT AUTHORITY.

I RESIDE AT 539 SANTA MARIA DRIVE IN THE CITY OF FERNANDINA BEACH. I AM A NATIVE OF THIS ISLAND, FORMER TEACHER AND TWO OF MY STUDENTS ARE ON THIS BOARD.

SO I AM VERY PROUD ABOUT THAT. >> WHICH ONES ARE THEY?

>> I'M NOT GOING TO SAY [LAUGHTER] IT'S NOT YOU.

>> WE KNOW WHO THEY ARE. >> UM -- MR. MAYOR, THE OCEAN HIGHWAY AND PORT AUTHORITY WAS ORIGINALLY CHARTERED AND AUTHORIZED IN 1941 BY THE FLORIDA LEGISLATURE AS AN INDEPENDENT SPECIAL DISTRICT OF THE GOVERNMENT.

AND UNDER SECTION 8 CREATED AND AUTHORIZED FOR THE BENEFIT OF ALL THE CITIZENS OF NASSAU COUNTY IN THE STATE OF FLORIDA.

OUR PRINCIPLE PUBLIC PURPOSE IS TO ENCOURAGE ECONOMIC DEVELOPMENT IN ALL OF NASSAU COUNTY.

IN DOING SO, THE PORT AUTHORITY GIVES APPROPRIATE CONSIDERATION TO THE IMPACTS UPON THE RELATIONSHIP WITH SURROUNDING COMMUNITIES. WE ARE AN INTEGRAL PART OF THE CONTINUING DEVELOPMENT OF THE LOCAL ECONOMY.

AND WE CONTRIBUTE GREATLY TO THE ECONOMY OF ALL OF NASSAU COUNTY.

AS AN INDEPENDENT SPECIAL DISTRICT, THE PORT AUTHORITY HAS POWERS SIMILAR TO THOSE OF A UNIT OF LOCAL GOVERNMENT LIKE YOURSELVES. AND, IS ACCOUNTABLE TO THE ELECTORATE RESIDING IN NASSAU COUNTY.

TO BE SUCCESSFUL, WE MUST RELY ON THE FINANCIAL VIABILITY OF EACH PROJECT TO PAY FOR THE COST OF ITS OPERATIONS AND MAY ENTER INTO AGREEMENTS WITH GOVERNMENTAL ENTITIES TO REGULATE LAND USE AND BUILDINGS ON PORT LANDS IN NASSAU COUNTY.

THE RESOLUTION BEFORE YOU WOULD ENABLE YOU TO CONTROL THE ABILITY OF OPA TO OPERATE WITHIN THE LIMITED FINANCIAL CONSTRAINTS THAT WE HAVE AND IMPOSE RESTRICTIVE AND COSTLY CONTROLS ON THE PORT. AND ADD A SUBSTANTIAL FINANCIAL BURDEN TO ANY PROJECT THAT WE MAY NEED TO ACCOMPLISH IN ALL OF NASSAU COUNTY. WE ARE WILLING TO WORK AS PUBLIC PARTNERS WITH YOU ON FUTURE PROJECTS TO ACCOMPLISH OUR GOALS. AND ARE PREPARED TO SIT DOWN AND NEGOTIATE AND ENTER LOCAL AGREEMENT THAT WOULD BENEFIT BOTH PARTIES. INTERLOCAL AGREEMENTS ARE BINDING AND LEGAL AND CANNOT BE CHANGED UNLESS BOTH PARTIES AGREE. YOU ARE ALL AWARE OF THAT.

WHILE THE FULL OPA BOARD HAS NOT TAKEN FORMAL ACTION, AS CHAIRMAN, I WOULD RECOMMEND THAT THE BOARD AGREE TO RESTRICT THE USE OF SECTION 12, THE RIGHT OF EMINENT DOMAIN WITHIN THE HISTORIC DISTRICT, OR WITHIN THE CITY ALTOGETHER IF YOU SO CHOOSE. IN EFFECT, AGREEING NOT TO EXPAND THE CURRENT FOOTPRINT OF THE PORT.

AS CHAIRMAN, I WOULD ALSO STRONGLY RECOMMEND THAT THE BOARD AGREE NOT TO BUILD A PETROLEUM OIL REFINERY, OR A PAPER MILL, WHICH IS IN OUR AGREEMENT.

AND AGREE TO NEGOTIATE BUILDING PERMIT FEES FOR ANY NEW BUILDINGS WITHIN THE PORT'S FOOTPRINT AND ADHERE TO ALL FLORIDA BUILDING CODES. AS YOU KNOW, WE ARE GETTING READY TO LAUNCH OUR NEW MASTER PLAN.

WE ARE PUTTING TOGETHER A STAKEHOLDER'S COMMITTEE.

THAT COMMITTEE CONSISTS OF A LOT OF DIFFERENT PEOPLE IN THE COMMUNITY. ONE PERSON HERE ON YOUR BOARD.

ON THE COMMISSION. WE HAVE CITIZENS FROM THE LOCAL COMMUNITY. WE HAVE CITIZENS FROM THE WEST SIDE. AND COUNTY COMMISSIONERS.

AND, IT'S SOMETHING THAT WE THINK, IN OUR NEW MASTER PLAN, WOULD HELP US DEVELOP A BETTER RELATIONSHIP WITH THE CITY.

AND WE COULD ACCOMPLISH THESE GOALS IF NOT AN INTERLOCAL AGREEMENT, WE COULD PUT THAT IN OUR MASTER PLAN.

AND WE WOULD AGREE TO LOOK AT THAT.

THIS IS AN OPPORTUNITY FOR THE PORT AND CITY TO FINALLY ESTABLISH A BETTER WORKING RELATIONSHIP.

BY WORKING TOGETHER IN THE SPIRIT OF BENEFIT AND COOPERATION. YOUR RESOLUTION WOULD ESSENTIALLY RAISE THE COST OF EVERY PROJECT THAT WE MAY NEED TO MAKE THE PORT MORE SUCCESSFUL IN ALL OF NASSAU COUNTY.

NOT JUST THE CITY OF FERNANDINA BEACH.

[00:20:01]

ON BEHALF OF THE ENTIRE OPA BOARD, WE ARE REACHING OUT AND TAKING THE FIRST STEP AND HOPE YOU WILL ACCEPT OUR OFFER TO SIT DOWN AND ESTABLISH A BETTER WORKING RELATIONSHIP WITH BOTH OF US. THANK YOU.

>> AND I'LL ANSWER ANY QUESTIONS YOU MIGHT HAVE.

>> GENTLEMEN, ANY COMMENTS OR QUESTIONS?

VICE MAYOR? >> WHAT KIND OF COMMENTS, YOU KNOW -- I FULLY APPRECIATE OPA COMING IN AND DO BELIEVE THAT, IF WE COULD SIT DOWN AND THOSE THINGS THAT YOU OFFER, INTERLOCAL AGREEMENT AND THE LOBBYIST, WOULD BE BINDING, YOU KNOW, EVEN THOUGH THEY ARE IN CONFLICT, THEY WOULD BE IN CONFLICT WITH THE STATUTE, THAT THEY WOULD BE THE GOVERNING RULE. I THINK THAT'S A GOOD IDEA, BECAUSE, YOU KNOW, WE HAVE TO MOVE FORWARD WITH THE MONEY LEGISLATIVE REQUESTS AND I HAVE SERIOUS DOUBTS, YOU KNOW, THERE'S NO ASSURANCE THAT, YOU KNOW, WE WOULD MAKE IT ANYWHERE WHEN WE CAN'T HAVE SOMETHING IN OUR HAND, AGREEMENT, RATHER THAN GOING TO RISK. AND WE HAVE HAD THAT HAPPEN BEFORE WITH OUR DELEGATION. SO, I THINK IT'S WELL WORTH

SITTING DOWN AND DOING IT. >> YES.

I THINK WE NEED TO DO IT QUICKLY.

WE HAVE ANOTHER LEGISLATIVE DELEGATION MEETING COMING UP IN DECEMBER SOMETIME. THEY HAVEN'T SET A DATE YET, I DON'T BELIEVE. AND IF WE COULD GET THIS DONE BEFORE THAT, THEN WE WOULDN'T -- THERE WOULD BE NO NEED FOR WHAT

YOU ARE WANTING TO DO. >> MR. BEAN?

>> THANK YOU, MR. MAYOR. CHAIRMAN, OR COACH FULLWOOD, WE APPRECIATE YOU COMING HERE TONIGHT.

THIS IS ALSO -- YOU AND ALSO OUR CITY MANAGER.

BECAUSE I THINK WE HAVE HAD A MEETING WITH THE OTHER TWO GOVERNMENT BODY, THE COUNTY AND THE SCHOOL BOARD, BUT I DON'T BELIEVE WE HAD OUR JOINT MEETING WITH THE PORT YET.

>> RIGHT. >> SO, I WOULD LIKE TO SEE A JOINT MEETING WITH THE PORT WHERE WE CAN TALK ABOUT SUCH AN INTERLOCAL AGREEMENT BECAUSE THAT'S CERTAINLY NOT A BAD THING. LET'S WORK TOWARD THAT.

SO IF I COULD DIRECT MAYBE THE CITY MANAGER OR IF YOU KNOW IF

WE HAVE ONE ALREADY SCHEDULED -- >> WE DON'T HAVE ONE SCHEDULED, BUT WE COULD DO ONE AS QUICKLY AS POSSIBLE IF YOU AGREE.

>> I WOULD BE FINE WITH A JOINT MEETING WITH THE OPA.

JUST LIKE TO MAKE THAT POINT. >> THANK YOU.

>> COMMISSIONER ROSS? >> I APPRECIATE YOU COMING HERE.

I JUST HAVE A FEW QUESTIONS OF WHAT YOU WOULD BE WILLING TO AGREE TO IN AN INTERLOCAL AGREEMENT.

THE FIRST IS, IS OPA WILLING TO -- THAT THEY MUST COMPLY WITH

THE FLORIDA BUILDING CODE? >> YES.

>> HOW ABOUT MUST COMPLY WITH THE FIRE PROTECTION CODE?

>> I THINK WE ALREADY DO. >> OK.

SO THAT IT'S A YES? >> YES.

>> OK. GREAT.

MUST COMPLY WITH THE FLOOD MANAGEMENT ORDINANCES OF THE

APPLICABLE JURISDICTION. >> ABSOLUTELY.

>> NO PROBLEM. >> GOOD.

THAT'S GOING TO BE IN OUR MASTER PLAN.

>> BUT YOU ARE WILLING TO AGREE TO THAT?

>> YES. >> HOW ABOUT FOR DEVELOPMENT IN THE HISTORIC DISTRICT OF THE CITY OF FERNANDINA BEACH, MUST COMPLY WITH THE REQUIREMENTS OF THE CITY OF FERNANDINA BEACH HISTORIC DISTRICT DELINEATED IN THE CITY OF FERNANDINA BEACH

LAND DEVELOPMENT CODE? >> I AM NOT GOING TO SAY YES OR NO, BECAUSE I AM NOT SURE EXACTLY WHAT ALL IS IN THAT CODE. BUT IF IT DOESN'T RESTRICT US FROM DOING WHAT'S NEEDED, YOU ARE TALKING ABOUT ALL THE PORT FACILITY? OR -- OTHER DEVELOPMENT OUTSIDE

-- >> IF YOU DEVELOP IN THE

HISTORIC -- >> OUTSIDE THE FOOTPRINT OF THE

PORT? >> NO.

PART OF THE PORT IS IN THE HISTORIC DISTRICT.

>> YES. >> SO ARE YOU WILLING TO FOLLOW THE HISTORIC DISTRICT GUIDELINES THAT ARE IN THE LAND DEVELOPMENT

CODE? >> YES.

IF WE BUILD A BUILDING, WE WOULD CONSULT WITH THE HISTORIC DISTRICT COUNCIL AND MAKE SURE THAT WE -- THAT THAT BUILDING FIT WITH THE DESIGN OF WHAT'S THERE NOW.

>> WORDS ARE IMPORTANT AND YOU JUST SAID CONSULT.

ARE YOU WILLING TO -- IF WE COME TO AN AGREEMENT THIS IS WHAT IT IT IS, IS OPA WILLING TO FOLLOW THE HISTORIC DISTRICT?

>> ABSOLUTELY. >> OK.

AND FINALLY, ARE YOU WILLING TO AGREE THAT NO DEVELOPMENT BE PERMITTED EXCEPT IN CONFORMITY WITH THE APPLICABLE COMPREHENSIVE PLAN OR ELEMENTS OR PORTIONS THEREOF PREPARED AND ADOPTED IN CONFORMITY WITH THE COMMUNITY PLANNING ACT, WHICH IS

FLORIDA STATUTE 163, 161-5-8. >> I THINK WE CAN DEVELOP THAT IN OUR MASTER PLAN AND I THINK WE CAN AGREE ON ALL OF THOSE ELEMENTS THAT YOU HAVE IN OUR PLAN.

>> THE PROBLEM WITH THE MASTER PLAN IS IT'S NOT BINDING.

IT'S A PLAN. ARE YOU WILLING TO AGREE, WHICH

[00:25:01]

>> GIVE ME AN EXAMPLE. >> THE BUFFERS THAT ARE IN THERE, THE WHOLE COMPREHENSIVE PLAN, AND OF THE LAND DEVELOPMENT CODE. THE ZONING REGULATIONS, ALL OF

THOSE ARE -- >> HAVE WE NOT DONE THAT IN THE

PAST? >> YOU -- I HAVE BEEN TO MANY OF YOUR MEETINGS AND YOU HAVE MADE COMMENTS THAT THEY AREN'T

APPLICABLE TO OPA. >> I DIDN'T SAY THEY WEREN'T APPLICABLE. I SAID HAVE WE NOT DONE THAT IN

THE PAST? >> I HAVE TO GO BACK AND -- I

DON'T HAVE A SPECIFIC -- >> I THINK WE HAVE.

>> BUT ARE YOU WILLING TO COMMIT TO DOING THAT?

>> YES. I AM PERSONALLY WILLING TO COMMIT TO THAT, YES. I CAN'T SPEAK FOR THE WHOLE

BOARD. >> OK.

WELL, IF YOU ARE WILLING TO COMMIT TO ALL OF THOSE THINGS THIS, I MEAN IN THE LOCAL AGREEMENT, I THINK THAT'S SOMETHING THAT CAN CERTAINLY BE CONSIDERED.

>> MR. STURGIS? >> THANK YOU, MAYOR.

IT'S GOOD TO SEE YOU OUT, DANNY, AND GOOD TO HEAR FROM THE OPA COMMISSION. EVEN IF IT'S JUST A CHAIRMAN OF THE COMMISSION. AND NOT THE WHOLE ENTIRE COMMISSION. I THINK THAT'S A GREAT OLIVE BRANCH FOR EVERYTHING THAT'S BEEN GOING ON.

NOT THAT THAT'S NECESSARILY CAUSED BY YOU DIRECTLY.

BUT -- I AM LOOKING FORWARD TO AN INTERLOCAL AGREEMENT AND I LOOK FORWARD TO PROCEEDING WITH IT.

IT SOUNDS LIKE WE CAN HIT ALL THE BASES AND START IN THE RIGHT

DIRECTION. >> I THINK IT'S A GREAT TOOL.

>> THAT IT'S ALL I HAVE TO SAY. >> AND I JUST WANT TO REMIND YOU THAT WE HAVE BEEN ASKED BY THE CITY MANAGER ABOUT THE CHANNEL.

ABOUT RELOCATING THE CHANNEL. AND WE AGREED TO DO THAT.

WE AGREED IN OPEN COMMISSION TO DO THAT.

AND WE ARE SEEKING THE MEANS, THE AGREEMENT WE NEED TO PRODUCE TO DO THAT. AND I THINK OUR ATTORNEYS ARE TALKING.

>> VICE MAYOR, YOUR LIGHT IS STILL ON.

DID YOU HAVE A COMMENT? >> YEAH, WELL, IT WASN'T A COMMENT. I MEAN WE HAVE A MOTION AND A SECOND TO MOVE FORWARD WITH IT AS IT IS.

DO WE WANT TO DO THAT? OR DO WE WANT TO HAVE AN INTERLOCAL AND ELITE THAT, AND WHEN COULD WE ADD IT IF WE

DIDN'T GET AGREEMENT? >> NOT.

TONIGHT IS IT. BECAUSE THERE'S -- FOR ALL LOCAL BILLS, THERE'S A REQUIREMENT THAT BEFORE JANUARY 2, THERE BE A 30-DAY NOTICE OF ANY LOCAL BILLS AND WHAT IS TO BE CONTAINED IN THEM. SO -- TONIGHT IS YOUR LAST

OPPORTUNITY TO HAVE WHAT YOU -- >> SO IF WE WERE TO PASS IT TONIGHT, AND COME TO AN AGREEMENT IN THE NEAR FUTURE, WE

COULD WITHDRAW IT? >> YOU CAN.

>> I THINK SO. YES.

>> ALL RIGHT. >> BECAUSE I THINK WE NEED TO MOVE FORWARD AND I WOULD LIKE TO CERTAINLY, I DO AGREE THAT BASICALLY EVERYTHING THAT COMMISSIONER ROSS, THINK WE CAN GET THAT DONE. I THINK WE SHOULD GO AHEAD AND PASS IT AND SIT DOWN AS SOON AS WE CAN, PUBLIC NOTICE WISE, HOWEVER WE DO THAT, AND GET THIS THING DONE SO WE CAN WITHDRAW

IT. >> WORKS FOR US.

>> COMMISSIONER ROSS? >> I DON'T HAVE ANY PROBLEM WITH THAT. WHAT I WAS GOING TO SUGGEST IS THAT THE CITY ATTORNEY, WE HAVE A BASIS HERE FOR AN INTERLOCAL AGREEMENT, WRITE UP AN INTERLOCAL AGREEMENT AND SEND IT TO THEIR ATTORNEY FOR THEIR COMMENT AND I MEAN WE ALL AGREED TO THIS. SO, JUST SEND IT TO THEIR ATTORNEY FOR THEIR COMMENT. BASED ON WHAT WAS --

>> I WOULD THINK THAT THEIR BOARD -- I'LL SEND IT TO THEIR ATTORNEY, I'M SURE THEIR BOARD HAS TO WEIGH IN.

>> FOR THE BOARD. >> YEAH, WE MEET AGAIN ON THE 8TH OF DECEMBER. I'M SURE THAT'S BEFORE THE NEXT

LEGISLATIVE MEETING. >> I DON'T KNOW THAT THEY ARE GOING TO HAVE ANOTHER ONE ACTUALLY.

THE ORIGINAL ONE WAS GOING TO BE IN DECEMBER AND SHE SWITCHED IT UP TO NOVEMBER. SO WE GENERALLY --

>> THERE IS. THERE'S GOING TO BE A SPECIAL

MEETING JUST FOR THIS. >> SO CAN WE COME TO A CONSENSUS THAT THE ATTORNEY WILL DRAFT AN INTERLOCAL AGREEMENT AND SEND IT TO THEM SO THEY CAN CONSIDER IT ON THEIR 8TH OF DECEMBER?

>> YES. >> CAN DO.

>> SO WE WILL THEN MOVE FORWARD --

>> AND SECOND. LET'S FOLLOW PROCEDURE.

SO, YOU ARE SAYING -- RETATE THAT.

>> I WILL AMEND MY MOTION TO, THAT WE SUPPORT -- THIS IS WRITTEN -- WITH THE CAVEAT THAT THE -- AND ALSO AMEND IT SO THAT THE CITY ATTORNEY CREATES AN INTERLOCAL AGREEMENT, WHICH SHE FORWARDS TO THE OPA BOARD FOR THEIR DECEMBER 8 MEETING CONSIDERATION. THAT WOULD BE IT.

AND -- UM -- COMMENT ON THAT IS THAT WE CAN ALWAYS WITHDRAW OUR

-- >> WE NEED A SECOND BEFORE YOUR

COMMENT. >> I SECOND.

>> GO AHEAD. >> SO THAT WE CAN WITHDRAW, IF WE CANNOT COME TO AN AGREEMENT, OR WE CAN ONLY COME TO A PARTIAL

[00:30:03]

>> ALL RIGHT. >> THAT WOULD WORK FOR US.

>> ALL RIGHT. >> VICE MAYOR, YOUR LIGHT IS

STILL ON, SIR. >> ALL RIGHT.

I HAVE A COUPLE COMMENTS SINCE I WEIGHED IN LAST YEAR.

AND -- I HAVE BEEN TROUBLED SINCE MY FIRST YEAR ON THE COMMISSION. AND, WHAT TROUBLED ME WAS A PRESENTATION BY THE THEN-PORT DIRECTOR AND THE OPERATOR.

ON A PLAN THEY SUBMITTED TO THE FLORIDA PORTS COUNCIL, IN WHICH THEY STATED THEY WERE GOING TO INCREASE THE BUSINESS OF THE PORT BY 20 TIMES. AND I HAVE ASKED THIS QUESTION REPEATEDLY TO MYSELF AND OTHERS AND YOU ARE DOING YOUR MASTER PLAN. HAS ANYONE WITHIN OPA OR THE OPERATOR, EVER LOOKED AT THE GEOGRAPHIC FOOTPRINT OF THE PORT AND SAID THIS IS THE BUSINESS CAPACITY OF THIS GEOGRAPHIC AREA? IN OTHER WORDS, AT A CERTAIN POINT, YOU REACH 100%. HAS ANYONE DEFINED THAT? IN OTHER WORDS -- HOW MUCH WAREHOUSING, HOW MANY CRANES, HOW MANY TRUCKS, HOW MANY TRAINS CAN COME IN THERE ON THAT FOOTPRINT. AND BECAUSE THAT HAS NEVER BEEN DEFINED, AND THE ABSENCE OF THAT DEFINITION, YOU HAD A PORT OPERATOR AND I'LL BE VERY FRANK ABOUT THIS, WHO JUST THOUGHT HE COULD EXPAND. I THINK YOU WOULD AGREE ON THAT.

AND THAT IS WHERE OUR PROBLEMS AROSE. AND SO, I GREATLY APPRECIATE YOU BEING HERE TONIGHT.

AND I AGREE, LET'S WORK IT OUT. BECAUSE I THINK THAT IS THE BEST WAY TO GO FORWARD. BUT I WOULD LIKE TO SEE A PLAN THAT SAYS -- THIS IS THE GEOGRAPHIC CAPACITY OF THIS PORT. IF WE HAD ALL THE MONEY AND WERE ABLE TO DO THIS STUFF, THIS IS AS MUCH CARGO AS COULD COME IN

AND OUT OF HERE. >> WE ARE HOPING OUR MASTER PLAN

WILL DEFINE THAT. >> I HOPE SO.

>> YES. >> I HOPE SO.

I AGREE WITH THE MOTION. I AGREE WITH THE COMMENTS.

I GREATLY APPRECIATE YOU BEING HERE AND COMING FORWARD AND THAT WE COULD WORK THIS OUT. AS I SAID TO YOU PRIOR TO THE DELEGATED -- TO THE LEGISLATIVE DELEGATION, WE ALL WANT THE PORT TO SUCCEED. BUT NOT AT THE EXPENSE OF OUR

QUALITY OF LIFE. >> AND I TOTALLY AGREE.

>> YOU ARE A LONG-TIME CITIZEN. >> LIVE HEARD ALL MY LIFE.

I AGREE. >> YES, SIR.

ANY OTHER COMMENTS? SEEING NONE -- CAN WE CALL THE

VOTE, PLEASE. >> COMMISSIONER ROSS.

>> YES. >> VICE MAYOR.

>> YES. >> CHRISTIANER BEAN.

>> YES. >> COMMISSIONER STERGIS.

>> YES. >> MAYOR?

>> YES. >> I WOULD ASK THAT OUR COMMISSION AND OPA HAVE THE PARAMETERS OF THE INTERLOCAL AGREEMENT DRAFTED BY THE CITY ATTORNEY, FORWARDED.

AND WE NEED TO ACT ON THIS. AND IF WE NEED TO HAVE AN EMERGENCY MEETING, WE DO SO. SO THAT OUR LEGISLATORS KNOW WHERE WE ARE AT. BECAUSE WE HAVE FIVE COMMISSIONERS. YOU HAVE FIVE COMMISSIONERS.

THAT'S -- WE NEED SIX OF THE 10 TO AGREE.

>> YES. >> YES, SIR.

THANK YOU SO MUCH. >> MR. MAYOR, I JUST WANTED TO MAKE SURE THAT I UNDERSTAND AND THAT WE HAVE IT CLEAR ON THE RECORD. THE RESOLUTION WAS APPROVED AS WRITTEN, AND IN ADDITION, THE MOTION CONTAINED DIRECTION TO ME. OK.

THANK YOU. >> YES, MA'AM.

>> MR. STERGIS. >> I STILL THINK IT'S A GOOD IDEA, WHETHER IT'S NOW OR IN A MONTH OR TWO OR WHATEVER THE CASE MAY BE, TO HAVE A JOINT MEETING WITH THE TWO COMMISSIONS. I THINK THAT IT WILL BE A GOOD IDEA TO TALK THINGS OUT AND JUST HAVE A GOOD SYMBOLIC RELATIONSHIP WHERE WE WORK HAND IN HAND.

>> DESPERATELY WANT TO HAVE THAT, TOO.

>> THANK YOU, SIR. >> THANK YOU, COMMISSIONERS.

[7.2 SETTLEMENT AGREEMENT - CPH ENGINEERS, INC.]

>> THANK YOU. >> ITEM 7.2, SETTLEMENT AGREEMENT WITH CPH ENGINEERS. I DO HAVE A SPEAKER ON THIS, HOWEVER I NEED A MOTION AND A SECOND.

>> RECOMMEND APPROVAL. >> SECOND.

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

WELCOME, MA'AM. >> HI THERE.

JUDY NAGLE. 617 SPANISH WAY.

WE HAD A MEETING THAT THE ATTORNEY CAME ON FRIDAY TO TALK TO US CITIZENS. AND AT THAT MEETING SHE TOLD US

[00:35:04]

I DON'T AGREE WITH EVERYTHING, BECAUSE SHE MUST HAVE SAID, I'M GOING TO SAY NINE TIMES, THE CITY IS RESPONSIBLE, HAS A PART IN THIS. AS FAR AS I AM CONCERNED, THE CITY IS RESPONSIBLE FOR EVERYTHING.

THE PLAN THAT SHE PROPOSED TO GET SOMETHING DONE IN OUR DEVELOPMENT HAS NOTHING TO DO WITH WHAT IS WRONG.

IT NEEDS THE CITY ENGINEER, WE NEED NEW DRAINAGE. AND SHE SAID WE CAN'T AFFORD THE FIVE, SIX HUNDRED THOUSAND DOLLARS.

WELL FIND IT. BECAUSE YOU FIND IT OR OTHER THINGS. THESE ARE PEOPLE'S HOMES AND LIVELIHOODS YOU ARE WORKING WITH.

SO, WHAT YOU DID WRONG, I DON'T CARE THAT C PH SENT SOMETHING IN AND YOU GUYS APPROVED IT, THE CITY APPROVED IT.

SO AS FAR AS I AM CONCERNED, THE CITY IS 100% RESPONSIBLE.

NOT 10. CPH, YEAH, THEY GOT SOMETHING THROUGH YOU. WELL, YOU HIRED A PERSON FROM THE OUTSIDE.

YOU ARE RESPONSIBLE TO MAKE THAT PERSON DO THE RIGHT THING.

HE DIDN'T DO IT. SO YOU ARE RESPONSIBLE.

YOU HAVE A WHOLE NEIGHBORHOOD. AND WE HAVE AN INVESTMENT IN THIS. AND SO YOU LET OUR PROPERTIES FALL JUST BECAUSE OF SOMETHING THAT A CONSULTANT DIDN'T PROPERLY OVERSEE. WHEN YOU HIRED, YEARS AGO, SHE SAID WE DIDN'T HAVE AN IN-HOUSE ENGINEER.

OK, FINE. BUT YOU HIRED SOMEBODY TO DO A JOB. THEY DID NOT DO IT PROPERLY.

SO, I WANT YOU GUYS TO MAKE A COMMITMENT THAT YOU WILL LOOK AND GET THIS DONE PROPERLY. IF IT TAKES 2 MILLION.

YOU KNOW WHAT? DO IT.

DO ALL THE OTHER THINGS IN THE CITY, IT'S TIME TO LOOK AFTER THE CITIZENS IN THE DEVELOPMENT. THAT'S ALL I HAVE TO SAY.

>> THANK YOU, MA'AM. >> VICE MAYOR, DO YOU HAVE A

COMMENT? >> I JUST WANT TO THANK YOU FOR COMING. AND, WE HEAR WHAT YOU ARE

SAYING. >> ALL RIGHT.

SO WE HAVE A RESOLUTION ON THE SETTLEMNT.

SOMEONE FROM THE CITY WANT TO WALK US THROUGH THE SETTLEMENT?

>> THE PROPOSED SETTLEMENT IS $140,000.

CASH PAYMENT, NO IN-KIND SERVICES.

PAID BY CPH TO THE CITY AND IT WILL BE PAID WITHIN 10 DAYS OF THIS MEETING IF IT'S APPROVED. IF YOU HAVE QUESTIONS, I DON'T KNOW WHAT ELSE -- THE REASON THAT THE CITY ENDED UP ACCEPTING THE SETTLEMENT, WE HAD A TRIAL DATE AT THE END OF NOVEMBER, IS THAT THERE WERE WHAT WE FOUND GOING THROUGH DISCOVERY, WHICH YOU DO A LOT OF RIGHT BEFORE TRIAL, A LOT OF -- THOUSANDS OF E-MAILS, FRANKLY. WHAT WE FOUND WAS THAT THERE WERE DISCUSSION -- ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT, THEY APPROVED THE DRAWINGS AND THE ELEVATION OF THE ROADS WHERE THEY STAND NOW, WHICH WE KNOW ARE TOO LOW.

THE CITY HAD PLANS SUBMITTED TO IT.

THE OUTSIDE ENGINEERS APPROVED THOSE PLANS ON BEHALF OF THE CITY. AND YOU HAVE A BUNCH OF E-MAILS BETWEEN SOME RESIDENTS IN THE SUBDIVISION, ST. JOHN'S RIVER WATER DISTRICT AND OTHER EVIDENCE SHOWING THAT THERE ARE THREE RETENTION PONDS THAT DRAIN THE WATER FROM THAT -- THAT ACCEPT THE DRAINAGE IN THE SUBDIVISION.

AT DIFFERENT TIMES THOSE PONDS WERE NOT FUNCTIONING AS WELL AS THEY COULD BE, OR NOT AS HELPFUL AS THEY COULD BE.

THERE WERE A NUMBER OF YEARS THAT WE WAITED.

WE DID SOME -- WE PUT SOME WELLS IN THE GROUND TO LOOK AT THE LAKESIDE RETIREMENT COMMUNITY TO THE SOUTH OF THIS DEVELOPMENT WAS BEING BUILT, AND THE POND WAS EXPANDED.

WHETHER THAT WOULD HELP SOME OF THE GROUNDWATER.

IT TURNS OUT THAT IT DIDN'T REALLY HELP.

>> WHOSE RESPONSIBILITY WERE THE PONDS?

>> THE PONDS ARE THE HOMEOWNERS' ASSOCIATION FOR ISLE -- SO IN FLORIDA WHEN WE ARE TALKING ABOUT A CASE OF NEGLIGENCE, HERE THE CITY SUED CPH ENGINEERS FOR PROFESSIONAL NEGLIGENCE AND IN FLORIDA, WE HAVE A COMPARATIVE NEGLIGENCE STATE WHICH MEANS THAT THE COURT, THE JUDGE IN THIS CASE, THERE'S NO JURY, COULD LOOK TO THE DEFENSE OF CPH WOULD HAVE BEEN POINTING FINGERS IN OTHER DIRECTIONS, NOT NECESSARILY TRYING TO GET THEIR CLIENT ZERO PERCENT, BUT SAYING THAT OTHERS WERE LIBEL.

WHEN WE WORKED OUT THE NUMBERS WITH WHAT THE 600,000 PROXIMATE FIX, AND FURTHER ATTORNEYS FEES, THE CITY STOOD TO ADD ALMOST

[00:40:01]

AND WHEN WE WORKED THAT OUT WITH HOW MUCH WE COULD POSSIBLY GET FROM CPH, IT LOOKED -- AND WE HAD OUR EXECUTIVE SESSION WITH THE COMMISSION AND SHARED ALL OF THIS INFORMATION, AND WE DECIDED THE BEST THING TO DO WAS TO SETTLE THE CASE BECAUSE IF THE CITY LOST, OR IF WE LOST BY 25%, MEANING THE CITY FILED A $400,000 PROPOSAL FOR SETTLEMENT.

CPH FILED A $105,000 PROPOSAL FOR SETTLEMENT.

AND IF WE GOT A VERDICT THAT WAS UNDER, OR MORE THAN 25% LESS THAN $105,000, THE CITY WOULD HAVE PAID ALL OF CPH ATTORNEY'S FEES AND COSTS WHICH COULD HAVE BEEN UPWARDS OF $150,000 PLUS.

ON TOP OF WHAT WE ALREADY SPENT, ON TOP OF THE $100,000 WE WERE ABOUT TO SPEND OVER THE NEXT FIVE WEEKS.

SO THE DECISION WAS THAT THIS DID NOT LOOK GOOD.

IT WAS TOO MUCH OF A RISK. AND ALL OF THE MONEY THAT WE SPENT, THERE'S NO SPECIAL FUND, IT'S TAXPAYER MONEY.

THAT WE USED. AND WE HAVE TO MAKE THAT DECISION. AND IT'S NOT AN EASY ONE.

KNOWING THAT THAT STREET IS, YOU KNOW -- SITTING IN WATER.

>> MR. ROSS? >> SO I JUST WANTED TO CLARIFY SOMETHING. WHEN YOU SAY THAT "WE DECIDED" WHAT YOU REALLY MEANT IS FOUR CITY COMMISSIONERS, BECAUSE ONE

OF US WAS NOT THERE. >> YES.

>> ALREADY VOTED TO ACCEPT THIS. AND ONCE WE VOTED TO ACCEPT THIS, THEN WE FILED A MOTION WITH THE COURT SAYING WE

ACCEPTED IT. >> THAT'S RIGHT.

>> AND THAT WAS ACCEPTED WITH WHAT'S CALLED "WITH PREJUDICE."

>> RIGHT. >> SO NUMBER ONE, THE STATUTE OF

LIMITATIONS HAS ALREADY RUN. >> THAT'S RIGHT.

>> AND NUMBER TWO, WHEN IT SAYS WITH PREJUDICE, THAT MEANS YOU CAN'T FILE IT AGAIN. SO ESSENTIALLY, WE HAVE MADE THE AGREEMENT. EVEN IF WE VOTE NO, THERE'S NO

GOING BACK. >> AND THE REASON THAT WAS, AGAIN, THAT WAS DISCUSSED WITH COMMISSIONERS, SO -- WE HAD AN OPPORTUNITY TO ACCEPT AND TRUTHFULLY, I MEAN -- THE EVIDENCE THAT WE HAD BEEN SPENDING TIME OUR LEGAL TEAM WAS SPENDING TIME, NOT ME PERSONALLY, WORKING WEEKENDS, GOING THROUGH ALL OF THESE E-MAILS AND DOCUMENTS AND PLANS, IF CPH, BEFORE THE CITY ACCEPTED THE SETTLEMENT, DECIDED THAT THEIR CASE WAS BETTER THAN THEY THOUGHT, WHICH IS WHAT WE DISCOVERED, THEY COULD HAVE WITHDRAWN THEIR PROPOSAL FOR SETTLEMENT AND DECIDED TO GO TO TRIAL.

SO, WE THOUGHT THAT WE NEEDED TO ACCEPT IT THAT DAY.

WITH THE -- WITH THE FOUR CITY COMMISSIONERS' APPROVAL.

>> ANY OTHER COMMENT, COMMISSIONERS? BEFORE I CALL THE VOTE? SEEING NONE, WILL YOU PLEASE

CALL THE VOTE ON THIS. >> VICE MAYOR?

>> YES. >> COMMISSIONER ROSS.

>> YES. >> COMMISSIONER BEAN.

>> YES. >> COMMISSIONER STURGIS?

[7.3 ASSIGNMENT OF SOLID WASTE FRANCHISE - WASTE MANAGEMENT]

>> YES. >> MAYOR?

>> YES. THAT MOTION PASSED 5-0.

ITEM 7.3, ASSIGNMENT OF SOLID WASTE FRANCHISE.

>> I MIGHT AS WELL JUST STAY UP THERE TONIGHT.

THAT'S OK. GETTING MY STEPS IN.

SOME. THIS IS VERY SIMPLE.

ADVANCE DISPOSAL IS NO LONGER A LEGAL ENTITY THAT WE ARE UNDER CONTRACT WITH. WE RECEIVED A LETTER FROM WASTE MANAGEMENT THAT SAID BASICALLY THAT THE BILLING SHOULD ALL BE -- AND THE MONEY REMITTED BY THE CITY, SHOULD GO TO THE ASSIGNEE THAT IS LISTED THERE. AND THAT'S ALL IT IS.

ALL OF THE TERMS OF THE WASTE MANAGEMENT FRANCHISE ARE THE SAME. IT'S JUST ADVANCED DISPOSAL IS NOT THE PARTY ANY LONGER. WHEN IT WAS FIRST -- WHATEVER IT IS, A MERGER OR ACQUISITION, BEGAN, ADVANCED DISPOSAL REMAINED ITS OWN LEGAL ENTITY THAT WE WERE IN CONTRACT WITH.

AND THAT IS NOT THE CASE ANY MORE.

IT'S NOW WASTE MANAGEMENT INC. >> RECOMMEND APPROVAL.

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

ANY DISCUSSION? >> JUST ONE QUESTION.

>> COMMISSIONER STURGIS? >> THANK YOU.

SO TAMMI, THIS IS A NAME CHANGE, NONE OF THE CONTRACT IS

CHANGING, JUST A NAME CHANGE. >> RIGHT.

AND WE WILL BE, SINCE WE ARE HERE AT A PUBLIC MEETING, ANYBODY WATCHING OR LISTENING, THE CITY IS GOING TO START AHEAD OF TIME AT THE BEGINNING OF 2022 PREPARING AN RFP AND STARTING A PROCESS FOR LOOKING FOR THE FUTURE HAULER.

IT COULD BE WASTE MANAGEMENT. THERE MAY BE OTHERS.

>> OK. SEEING NO OTHER LIGHTS, MADAM CLERK, WILL YOU PLEASE CALL THE VOTE.

>> VICE MAYOR? >> YES.

>> COMMISSIONER STURGIS. >> YES.

>> COMMISSIONER BEAN. >> YES.

>> COMMISSIONER ROSS. >> YES.

[7.4 PROPOSAL APPROVAL - WEATHERPROOFING TECHNOLOGIES, INC.]

>> MAYOR? >> YES.

>> THAT MOTION PASSED 5-0. ITEM 7.4, WEATHER PROVING

TECHNOLOGIES INC. >> STAFF REQUESTS THAT YOU REMOVE THIS WITHOUT CONSIDERATION.

[00:45:03]

>> OK. >> DO YOU WANT THE REASON?

>> SO MOVED. >> OK.

>> ITEM 7.5. >> I WOULD LIKE THE REASON.

>> THE REASON? >> SO THE PUBLIC KNOWS.

>> OH, SURE. YEAH.

RIGHT. >> CAN YOU FOLLOW PROCEDURE?

>> COMMISSIONER ROSS? >> IF YOU WOULD ELABORATE WHY,

FOR THE PUBLIC. >> THIS IS A REROOFING PROJECT AT $140,000. AND THE VALUE OF THE BUILDING IS UNDER $260,000. SO, WHEN YOU TALK ABOUT A THRESHOLD, WE APPLY A 30% OF THE VALUE, IF SOMETHING COSTS MORE THAN THAT, THEN YOU NOW HAVE TO BRING IT UP TO CODE.

SO -- AND -- WE ALSO LOOKED AT AND CONSIDERED IT'S READY FOR A REROOF, BUT IS THERE RAIN COMING IN ON STAFF OR IS THE ROOF LEAKING? NO.

>> COMMISSIONER STURGIS? >> SO TAMMI, YOU ARE SAYING THAT SOMEBODY HAS ASSESSED THIS AND DETERMINED THAT THE ROOF DOESN'T

NEED TO BE REPAIRED? >> NO, IT NEEDS TO BE REPAIRED.

IT'S JUST NOT IN THAT BAD OF SHAPE.

WE ARE UNDERGOING A BUILDING ASSESSMENT RIGHT NOW AS YOU ALL KNOW. AND WE NEED TO HAVE THIS BE PART OF IT. AND ALSO THE THRESHOLD ISSUE.

>> OK. SO FOR IF YOU ARE GOING TO BRING UP THE THRESHOLD, I AM SURE THE CONVERSATION IS GOING TO BE IT'S IN THE FLOOD ZONE. CORRECT?

>> THAT'S RIGHT. >> I WANT AN INDEPENDENT AAPPRAISER TO BE HIRED TO APPRAISE THAT BUILDING.

JUST LIKE THIS BUILDING, JUST LIKE EVERYONE WE WANT TO TALK ABOUT A FLOOD ZONE. NOT THE TAX STATEMENT.

BECAUSE THERE'S NO WAY THAT REC CENTER IS WORTH ONLY $250,000.

YOU COULDN'T REPLACE IT RIGHT NOW FOR $250,000.

SO -- IT NEEDS AN INDEPENDENT APPRAISAL.

THAT'S MY OPINION. WE CAN TALK ABOUT IT, VOTE ABOUT IT, DO WHATEVER. BUT IF WE ARE GOING TO START WHACKING BUILDINGS DOWN AND BUILDING NEW ONES, WE BETTER HAVE MONEY TO DO IT. THAT'S ALL.

>> WOULD YOU LIKE IT MAKE A MOTION TO THAT EFFECT?

>> I MAKE A MOTION THAT IF WE ARE GOING TO TALK ABOUT -- I'LL MAKE A MOTION THAT WE ARE GOING TO TALK ABOUT REMOVING OR ALTERING BUILDINGS, THAT WE NEED TO HAVE AN INDEPENDENT APPRAISER APPRAISE IT. A LICENSED APPRAISER APPRAISE THIS BUILDING FOR WHAT IT'S WORTH AND NOT THE TAX APPRAISAL.

BECAUSE THE TAX APPRAISAL IS NEVER CORRECT.

>> A SECOND? >> SECOND.

>> A MOTION AND SECOND. COMMISSIONER ROSS?

>> I'M READING. >> THAT'S FINE.

TAKE YOUR TIME, SIR. >> CAN I SPEAK?

>> HANG ON. YOU WANT THE ATTENTION OF ALL

FIVE OF US. >> OK.

-- MARK -- >> CAN YOU TELL US WHAT YOU ARE

READING, SIR? >> SURE.

UNDER THE FLOOD PLAIN MANAGEMENT PLAN, 22.151, DEFINITION SUBSTANTIAL IMPROVEMENT, BLAH BLAH BLAH, WHICH EXCEEDS 30% OF THE MARKET VALUE. AND THE MARKET VALUE IS DESCRIBED AS MEANS THE PRICE AT WHICH PROPERTY WILL CHANGE HANDS BETWEEN A WILLING BUYER AND A WILLING SELLER.

NEITHER PARTY BEING UNDER COMPULSION TO BUY OR SELL, HAVING BOTH REASONABLE KNOWLEDGE OF RELEVANT EFFECTS.

AS USED IN THIS ARTICLE THE TERM REFERS TO THE MARKET VALUE OF BUILDINGS AND STRUCTURES IMPROVEMENTS OF THE PARCEL.

MARKET VALUE MAY BE -- BY QUALIFIED APPRAISER, ACTUAL CASH VALUE, REPLACEMENT COST, TAX ASSESSMENT VALUE ADJUSTED TO PROXIMATE MARKET VALUE BY THE -- BY THE PROPERTY APPRAISER.

>> SO, YOU CAN GET AN APPRAISER. >> OK.

COMMISSIONER STURGIS? >> I HAVE TO DO THIS AT LEAST ONCE A MONTH EVERY MONTH WHERE SOMEBODY'S IN A FLOOD ZONE AND THEY WILL HAVE -- THE BUILDING DEPARTMENT ONLY HAS ONE THING TO GO BY. IT'S THE PROPERTY APPRAISER'S WEBSITE, WHICH IS INACCURATE FOR MARKET VALUE.

IT'S ALWAYS INACCURATE. IT'S ALWAYS 30% OF THE VALUE OF WHATEVER IT IS. I CAN GO OUT THERE AND TELL YOU I'D LIKE TO PURCHASE EVERY PROPERTY THAT THE MARKET APPRAISER HAS, I'LL START BUYING LEFT AND RIGHT UNTIL I RUN OUT OF MONEY. AND I GOT ENOUGH MONEY TO START BUYING A BUNCH OF THEM AT MARKET VALUE FOR THE PROPERTY APPRAISER. IT'S VERY INACCURATE AND WE HAVE TO DO IT AT LEAST ONCE A MONTH IF I HAVE A CUSTOMER WHO IS IN A FLOOD ZONE AND THEY WANT TO REMODEL THEIR KITCHEN OR ADD A DECK. WHICH JUST HAPPENED LAST WEEK.

LY TO GO GET AN APPRAISAL. IT COMES BACK, THE HOUSE IS WORTH $350,000. JUST THE HOUSE ALIGN.

[00:50:02]

SO I JUST THINK IT'S VERY INACCURATE.

IF WE ARE GOING TO DO APPLES FOR APPLES, KNOCKING DOWN BUILDINGS INSTEAD OF REPAIRING THEM, WE NEED THE FACTS AND THE FACTS ARE FROM A LICENSED APPRAISER. ONCE WE HAVE A LICENSED APPRAISER AT THAT TIME, THEN WE WILL HAVE A GAUGE, OK, THE REC CENTER IS WORTH $750,000. $1.2 MILLION, ALL RIGHT? 20 OR 30% IS THE VALUE OF THE PROJECT.

AND I CAN ALMOST BET YOU THAT THAT REC CENTER IS WORTH OVER, THE BUILDING ALONE, WORTH OVER $750,000.

SO WE CAN RUN THE CALCULATOR ON IT AND I AM SURE WE CAN AFFORD

-- PARDON ME -- TO REROOF IT. >> MR. ROSS?

>> BEFORE WE SPEND MONEY ON AN APPRAISAL, WHY DON'T WE WAIT FOR THE BUILDING ASSESSMENT TO FIND OUT WHAT ELSE IS WRONG WITH THE

BUILDING? >> THAT'S A GOOD THING.

>> WHY DON'T WE DO THAT FIRST SO WE AREN'T SPENDING MONEY.

>> I'M NOT SAYING WE HAVE TO GO OUT AND APPRAISE IT TODAY.

I AM JUST SAYING IF WE ARE GOING TO --

>> WAIT, WAIT, WAIT -- >> GOOD NEWS ABOUT TECHNOLOGY IS I JUST GOT A MESSAGE THAT WE HAVE AN APPRAISAL.

WE JUST HAD IT APPRAISED FOR INSURANCE PURPOSES.

>> AND THE APPRAISAL WAS -- >> I DON'T KNOW WHAT IT IS.

BUT TONIGHT, WE NEED TO AT LEAST HOLD OFF ON -- PULL THIS OFF THE AGENDA WITH NO ACTION. IF THE BUILDING'S WORTH $700,000, WE COULD COME BACK AND YOU CAN CONSIDER THIS --

>> ALL RIGHT. MR. GEORGE, BEFORE I LET YOU SPEAK, I HAVE A PROCEDURAL ISSUE.

WE HAD A MOTION ON THE FLOOR. WE HAD A SECOND.

AND I AM HEARING THAT YOU WANT TO WITHDRAW YOUR MOTION?

>> IF WE WANT TO WAIT, I'LL HE WITHDRAW IT FOR NOW, YES.

>> WE HAVE PLENTY OF TIME. >> DOES IT REQUIRE A SECOND? YOU WANT TO WITHDRAW YOUR SECOND?

>> YOU KNOW, I DON'T REALLY WANT TO, BUT I WILL WITHDRAW MY

SECOND IF -- >> ALL RIGHT.

SO THE MOTION AND THE SECOND HAS BEEN WITHDRAWN.

OK. >> MR. GEORGE?

>> THANK YOU. CHARLIE GEORGE, CITY ENGINEER.

I WAS ONE OF THE ONES THAT WAS THE CHAMPION OF TRYING TO -- OR NOT THE CHAMPION, THE PUSHER TO GET THIS OFF THE AGENDA.

WHILE THE THRESHOLD ISSUE IS AN ISSUE, MY GOAL WAS BECAUSE WE WERE JUST STARTING THE FACILITIES ASSESSMENT, WHY NOT WAIT TO DO THAT TO FIND OUT IF, IN FACT, THE ROOF NEEDS THIS MUCH WORK, NEEDS MORE WORK, OR WHATEVER, I JUST FELT LIKE I WOULD HATE TO GO START THIS REPAIR AND THEN GET THE ASSESSMENT AND SAY THERE ARE SO MANY OTHER THINGS WRONG WITH IT, WE JUST WASTED THAT MONEY THAT. WAS THE MAIN PURPOSE OF PULLING IT OFF UNTIL WE GOT THAT DONE. THE THRESHOLD ISSUE CAME UP AS A CONVERSATION AFTERWARDS WHEN WE STARTED LOOKING AT THE NUMBERS.

AND SAYING -- WHOA, WOULD HE GOT THIS ISSUE, TOO.

BUT IT WAS PRIMARILY TO GET IT OFF UNTIL THE ASSESSMENT WAS

DONE. >> THANK YOU, SIR.

>> ALL RIGHT. ANY OTHER DISCUSSION ON THIS?

[7.5 PROPOSAL APPROVAL - CONCRETE CONSERVATION, LLC]

PROPOSAL APPROVAL CONCRETE CONSERVATION LLC.

>> MOVE TO APPROVE. >> SECOND.

>> CITY MANAGER, YOU WANT TO TELL US ABOUT IT?

>> THIS IS A REPAIR CONTRACT FOR MANHOLES.

BASED OFF OF COOPERATIVE PURCHASE AGREEMENT WITH JEA.

>> THANK YOU, SIR. ANY -- I HAVE A MOTION AND A SECOND. ANY DISCUSSION?

>> SEEING NONE, PLEASE CALL THE VOTE.

[7.6 PROPOSAL APPROVAL - MILLER ELECTRIC COMPANY]

MILLER ELECTRIC COMPANY. >> I GOT TO CATCH UP HERE,

MR. MAYOR. >> TAKE YOUR TIME, SIR.

>> FROM MEMORY THIS IS FOR VIDEO AND COMPUTER INSTALLATIONS ON

POLICE CRUISERS, I BELIEVE. >> YES.

>> TIM IS HERE, BUT I HAVE IT PULLED UP HERE.

YEAH, SECURITY CAMERAS AT THE ACTUAL POLICE STATION AND LICENSE PLATE READER TO PARTICULAR INSTALLED ON TWO PATROL VEHICLES. THIS IS PART OF THE U.S. NAVY CONTRACT. THE LICENSE PLATE READERS.

THE U.S. NAVY CONTRACT. THE CITY PROVIDES SUPPORT SERVICES FOR THE U.S. NAVY DUE TO THE PROXIMITY OF THE SUB

BASE. >> I MOVE TO APPROVE.

>> SECOND. >> OK.

DEPUTY CHIEF, WOULD YOU WALK US THROUGH THIS?

>> I HAVE A SIMPLE QUESTION. WHY ONLY TWO CARS?

IS THAT FUNDING? >> IT IS FUNDING.

SO IN THE IF YOU CONTRACT, WE HAVE WRITTEN IN TWO LPRS, OR LICENSE PLATE READERS FOR OUR CARS.

THE ADDITION OF TWO MORE WILL GIVE US ONE CAR PER SHIFT.

IT WILL HAVE THE LICENSE PLATE REAREDS.

>> AND EXACTLY WHAT DO THE LICENSE PLATE REAREDS DO?

>> THEY LOG ALL THE LICENSE PLATES THAT THEY SCAN AS OUR OFFICERS DRIVE AROUND. AND WE CAN GO BACK AND

[00:55:01]

>> OK. AND YOU ARE ALSO LOOKING FOR

OUTSTANDING WARRANTS? >> OH, YES, WE DO WARRANTS AND DRIVER'S LICENSE CHECKS. IT PUTS POSSIBLE SUSPECTS IN AREAS WHERE CRIMES HAVE OCCURRED.

IT'S REALLY A DATA GATHERING SYSTEM.

>> OK. AND THEN FOR THE INTERIOR OF THE PHYSICAL STATION PROPERTY, YOU ARE GOING TO HAVE THESE -- I READ THE PROPOSAL ON THE WALLS, AND THAT'S TO MONITOR WHO IS

INTERRING AND LEAVING? >> ACTUALLY, THE, FOR THE ACTUAL POLICE BUILDING, WE ARE DOING ADDITIONAL CAMERAS --

>> JUST REGULAR -- >> REGULAR SURVEILLANCE CAMERAS.

WE SWITCHED TO A NEWER SOFTWARE SYSTEM THAT'S GOT A CLOUD-BASED SERVER SO IT ALLOWS MORE OPPORTUNITY FOR US TO STORE DATA. WE ARE ADDING 15 ADDITIONAL CAMERAS JUST TO -- THE ACTUAL BUILDING ITSELF.

>> THANK YOU. ANY OTHER QUESTIONS?

>> MR. STURGIS. >> HEY, JEFF.

>> HELLO. >> THIS IS JUST FOR KNOWLEDGE.

BECAUSE IT SOUNDS SO VERY INTERESTING.

SO BASICALLY YOU ARE TELLING ME THAT, IT CAN GRAB A LICENSE PLATE, KNOW WHERE THE POLICE CAR IS, KNOW WHERE THE ASSAILANT IS, AND GPS MAP IT FOR LATER? SO YOU CAN PULL IT OUT AND GO -- WE DIDN'T PICK THIS UP, BUT THIS LICENSE PLATE SAYS THIS PERSON IS SOMEBODY WE NEED TO FIND? , YOU KNOW, IT CAN GIVE YOU A LOCATION OF WHERE THEY WERE AT ONE POINT?

>> CORRECT. SO IF WE HAD AN INCIDENT OCCUR AT THE PORT AND WE WANTED TO PULL ALL THE CARS GOING IN AND OUT OF THE PORT, AND IF WE HAD A CRUISER THERE THAT HAD THE LICENSE PLATE READER, IT TRACKS ALL THAT DATA SO WE CAN DO A PRINTOUT AND COMPARE THAT DATA TO WHO WAS ACTUALLY IN THE PORT

AT THE TIME AND GIVE US A LIST. >> INTERESTING.

>> OK. >> THANK YOU.

>> ALL RIGHT. ANY OTHER QUESTIONS? SEEING NONE, WILL YOU PLEASE CALL THE VOTE.

[7.7 BUDGET AMENDMENT - SANITATION DEPARTMENT]

SANITATION DEPARTMENT? >> THANK YOU, MR. MAYOR.

THIS IS BUDGET AMENDMENT FOR THE YEAR THAT'S BEEN COMPLETED NEAR 2020 AND 2021 FOR A BUDGET AMENDMENT OF APPROXIMATELY $18,000 DUE TO HIGHER INTEREST PAID DURING THE FISCALLIER.

>> RECOMMEND APPROVAL. >> SECOND.

>> I HAVE A MOTION AND A SECOND. ANY DISCUSSION? SEEING NONE, WILL YOU PLEASE CALL THE VOTE.

[8.1 AMELIA RIVER WATERFRONT COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD]

8.1. WE HAVE APPOINT MOUNTAINS, THE AMELIA RIVER WATERFRONT COMMUNITY REDEVELOPMENT ADVISORY BOARD. I WILL RECOMMEND THAT WE POSTPONE THE APPOINTMENT BUT RECOMMEND THAT WE HAVE THE DISCUSSION ON THE PROPOSITION RAISED BY MAIN STREET IN RESPONSE TO E-MAILS I HAVE RECEIVED, AND ALSO TO HAVE A DISCUSSION IN GENERAL ABOUT THIS. SO, I WILL OPEN IT UP TO MY FELLOW COMMISSIONERS. COMMISSIONER BEAN?

>> THANK YOU. I BELIEVE THEY THEY ARE SEPARATE. I WILL BE MOVING TO APPOINT DAVID COOK WHENEVER WE GET A CHANCE.

>> THANK YOU, SIR. COMMISSIONER STURGIS?

>> I BELIEVE THEY SHOULD BE SEPARATE, AS WELL.

BUT I LIKE THE IDEA THAT MAIN STREET IS ALREADY IN THE AREA AND ALREADY DOING THE WORK. I DON'T KNOW IF THERE'S A WAY WE CAN -- IT JUST SOUNDS LIKE -- I KNOW IT WOULD BE HARD, BUT IF THERE'S A WAY WE CAN COMBINE FORCES INSTEAD OF HAVING TO COME UP WITH A WHOLE NEW BOARD. WOULD BE TO ACTUALLY GET A COUPLE CITIZENS TO INTERACT AND BE ON A BOARD TOGETHER WITH MAIN STREET. I THINK THAT WOULD BE -- TO ME IT SOUNDS LIKE THE BEST WAY OF DOING THIS VERSUS CREATING A WHOLE NEW BOARD. THAT'S JUST MY OPINION.

>> THANKS. VICE MAYOR?

>> YEAH, I THINK TWO BOARDS IS KIND OF REDUNDANT IN TERMS OF I AGREE WITH DAVE. IS THERE SOME WAY WE CAN MAKE IT WORK MORE EFFECTIVELY? I THINK MAIN STREET CAN COME UP WITH A PROPOSAL THAT IT WOULD WORK FOR EVERYBODY.

>> ANYONE ELSE? >> COMMISSIONER ROSS?

>> I WOULD AGREE WITH THE VICE MAYOR.

>> THANK YOU, COMMISSIONER ROSS. COMMISSIONER BEAN?

>> THANK YOU, MR. MAYOR. I WOULD BRING UP THE POINT THAT

[01:00:02]

THAT IS NOT DIRECT, NOT A DIRECT SUBSIDIARY OF THE CITY.

THEY ARE SUPPOSED TO BE ABLE IN A SENSE, AUDIT US AND SEE WHAT WE ARE DOING. AS A CRA, UNDERSTAND WHAT WE ARE AND AREN'T DOING WHAT WE NEED TO DO.

SO THE INTENT WOULD BE TO KEEP IT AS A SEPARATE ENTITY AND THAT'S JUST -- I WOULD BE FINE WORKING OUT, GETTING CREATIVE --

BUT THAT IS MY CURRENT POSITION. >> THANK YOU, SIR.

WE ARE THE CRA BOARD. WE OVERSEE THE CRA.

SO I AGREE WITH MY FELLOW COMMISSIONERS, WE SHOULD NOT ABDICATE OUR RESPONSIBILITY. OF OVERSEEING THE ADVISORY BOARD. AND THAT SHOULD STAY WITH US.

NOW, AT OUR LAST MEETING, COMMISSIONER ROSS ASKED MS. FINKELSTEIN IF SHE WOULD CHAIR THAT ADVISORY BOARD.

HAVE YOU GIVEN THAT SOME CONSIDERATION?

>> WELL, WE HAVE. I DID BRING THAT TO OUR -- TO THE MAIN STREET BOARD, WHICH IS ENTIRELY MADE UP OF VOLUNTEERS.

I AM THE ONLY EMPLOYEE, JUST, YOU KNOW, TO BE CLEAR.

AND THE FEELING WAS THAT WE ARE ALREADY DOING THIS WORK AND WE ARE ALREADY ACTING IN AN ADVISORY CAPACITY TO THE CITY COMMISSION, WHICH ALSO ACTS AS A CRA BOARD.

AND SO, IT REALLY FELT LIKE ANOTHER LAYER OF GOVERNMENT OR ANOTHER LAYER OF, YOU KNOW, MEETINGS AND WORK BY CITY STAFF TO ACT AS A STAFF ADVISOR TO THAT ADVISORY BOARD.

AND SO, YOU KNOW, THE FEELING REALLY WAS THAT, IF WE WANTED TO CREATE AN AD HOC COMMITTEE FOCUSED SOLELY ON THE CRA AS A GEOGRAPHIC AREA OF OUR DISTRICT, THAT THAT -- THEY COULD THEN DIRECT OUR DESIGN COUNSEL OR ECONOMIC VITALITY COUNCIL THAT, YOU KNOW, HERE'S AN AREA THAT NEEDS ATTENTION WITHIN THE CRA.

AGAIN, I DON'T -- WHEN WE ARE SAYING -- WHEN YOU ARE SAYING THAT THE CRA ADVISORY BOARD WOULD SOMEHOW BE MORE SEPARATE FROM THE CRA BOARD, I DON'T UNDERSTAND THE REASONING FOR THAT, BECAUSE MAIN STREET DOES GET SOME FUNDING.

LESS THAN A THIRD OF OUR FUNDING COMES FROM THE CITY.

AND WE WORK VERY CLOSELY WITH THE CITY ON PURPOSE.

BECAUSE WE ARE TRYING TO WORK IN THE SAME DIRECTION AND COLLABORATE. BUT THE ADVISORY BOARD WOULD BE SOLELY APPOINTED. EVERY MEMBER APPOINTED DIRECTLY BY YOU AS THE CITY COMMISSION AND THE CRA BOARD.

SO -- THEY WOULDN'T REALLY BE SEPARATE FROM, YOU KNOW -- I JUST DON'T THINK THAT'S A GOOD REASON TO CREATE ONE MORE ADVISORY BOARD, ONE MORE SET OF MEETINGS, YOU KNOW, ONE MORE THING THAT A STAFF PERSON FROM THE CITY HAS TO SPEND TIME ON.

WHEN WE ARE ALREADY DOING THAT. AND I THINK BY, YOU KNOW, FOCUSING, IF WE WANT TO CREATE THE AD HOC COMMITTEE, I DON'T KNOW THAT IT'S ACTUALLY NECESSARY, BECAUSE WE HAVE THREE DISTINCT AREAS WITHIN OUR MAIN STREET DISTRICT.

WE HAVE THE HISTORIC DOWNTOWN, WE HAVE THE 8TH STREET DISTRICT AND WE HAVE THE CRA. AND, THE CRA BLEEDS INTO THE HISTORIC DISTRICT WITH NORTH SECOND STREET AND ALL OF THAT.

SO, WE ARE ALREADY FOCUSED IN OUR GOALS ON THOSE DISTINCT AREAS AND ALL OF THOSE OTHER ELEMENTS WITHIN THEM.

SO -- I JUST FEEL THAT IT IS REDUNDANT.

IT'S NOT NECESSARY. I DON'T FEEL THAT IT'S SEPARATE FROM THE CURRENT, OR ANY MORE SEPARATE, IN FACT LESS SEPARATE, THAN MAIN STREET IS. I WILL ALSO SAY, YOU KNOW, I KNOW THAT APPLICATIONS HAVE BEEN SOLICITED AND HAVE BEEN SUBMITTED. WE WOULD -- I MEAN MAIN STREET IS ALL MADE UP OF VOLUNTEERS. WE ARE VERY INCLUSIVE.

WE HAVE OPEN COMMITTEES AND COUNSELS AND SO ANY OF THOSE APPLICATIONS COULD BE CONSIDERED FOR AN AD HOC COMMITTEE.

>> YOU DIDN'T DIRECTLY ADDRESS THE QUESTION I ASKED.

HAD YOU CONSIDERED CHAIRING THE CRA ADVISORY BOARD?

>> WELL I ACTUALLY COMMIT SMITHED THE APPLICATION FOR THE CRA ADVISORY BOARD. SO, YES, IF THAT'S THE DIRECTION THAT THE COMMISSION AND THE CRA BOARD DECIDE TO GO, CERTAINLY

[01:05:01]

COLLABORATION. >> COMMISSIONER ROSS?

>> SO -- I REMEMBER THE LAST CAMPAIGN THERE WAS A GREAT DEAL ABOUT EFFICIENCY IN GOVERNMENT. AND NOT BEING REDUNDANT AND WISE USE OF TAXPAYER MONEY. SORT OF REMEMBER THOSE THEMES.

WHAT I WOULD LIKE, VICE MAYOR KREGER PROPOSED, MA MAIN STREET COME BACK WITH A PROPOSAL TO HOW THIS MIGHT WORK, WHICH WOULD INCORPORATE THE VOLUNTEERS WHICH YOU POINTED OUT UNDER VARIOUS BOARDS AND HOW ALL OF THAT MIGHT WORK.

FROM A VIEWPOINT OF EFFICIENCY AND WISE USE OF TAXPAYER MONEY.

>> I AM NOT OPPOSED TO THAT COMMISSIONER ROSS.

MY CONCERNS ARE LEGISLATIVE AUTHORITY AND THAT RESTS WITH US AND HOW WOULD WE BE ABLE TO INFLUENCE CONTROL, LEGISLATE AN AD HOC COMMITTEE UNDER AN INDEPENDENT ENTERPRISE, NOT AFFILIATED ISN'T THE RIGHT WORD, BUT NOT UNDER OUR AUTHORITY.

OTHER THAN FUNDING. WE FUND YOU.

OTHER THAN THE FUNDING, WE HAVE NO AUTHORITY OVER THE ACTIVITIES OF MAIN STREET. CORRECT?

COMMISSIONER ROSS? >> REMEMBER, THIS IS AN ADVISORY BOARD. THEY DON'T AUDIT US.

THE LEGISLATIVE CAPACITY OF THE CRA REMAINS WITH THIS BOARD.

ALL WE ARE COMING UP WITH IS AN ADVISORY BOARD.

WE AREN'T GOING TO CONTROL THEM. WE DON'T CONTROL THE GOLF COMMITTEE. WE DON'T CONTROL THE MARINA COMMITTEE. WE ARE AN ADVISORY BOARD.

IT'S NOT ADVISE AND CONSENT. SO I HAVE A WELL-CONSTRUCTED ORGANIZATION THERE. A LOT OF VOLUNTEERS.

WE CAN ADD TO THAT. WE CAN ADD TO THAT.

AND I THINK MAKE IT MORE ROBUST. I THINK THAT'S A GOOD COMPROMISE. AGAIN, THEY ARE THERE JUST FOR ADVICE.

AND BELIEVE ME, A LOT OF THESE COMMITTEES ADVISE THINGS THAT WE

MARCH TO A DIFFERENT TUNE. >> I HAVE A DIFFERENT TAKE.

I THINK THAT WE ARE ABDICATING OUR RESPONSIBILITY AND I AM NOT IN FAVOR OF THAT. IF YOU CAN COME UP WITH A HYBRID THAT IS UNDER THE CRA GOVERNING AGENCY, FINE.

THAT'S FINE. BUT WE MUST HAVE OUR LEGISLATIVE AUTHORITY. THAT'S MY FEELING.

THAT'S ME. >> I'M NOT DISAGREEING WITH YOU.

WE AREN'T ABDICATING ANYTHING. I AM NOT DISAGREEING.

I AGREE WITH YOU. BUT WE ARE ASKING AS AN ADVISORY BOARD. WE AREN'T ABDICATING ANYTHING TO THEM. IT'S FOR ADVICE ONLY.

THE TIME, AS TRUMAN USED TO SAY, THE BUCK STOPS HERE.

SO -- I DON'T UNDERSTAND YOUR CONCERN.

>> MY CONCERN IS THAT IT REMAINS THE AMELIA RIVER WATERFRONT COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD.

UNDER THE PERVUE OF THE CRA. WHICH IS US.

>> RIGHT. >> OK.

SO WHATEVER THE HYBRID IS, I AM TRYING TO FINISH MY RESPONSE TO YOU, COMMISSIONER. SO -- WHATEVER HYBRID THEY COME UP WITH, AS LONG AS IT REMAINS, WHAT I HAVE JUST SAID, I AM FINE. I AM GOOD.

>> I DON'T DISAGREE WITH YOU. >> OK.

>> ALL RIGHT. SO -- DO WE HAVE A CONSENSUS ON

THAT? >> I MOVE TO APPOINT DAVID COOK TO THE CRA COMMITTEE THAT WE HAVE ALREADY ESTABLISHED.

>> OK. NOW -- WHEN I OPENED THE DISCUSSION ON THIS TOPIC, YOU WILL REMEMBER I SAID I WOULD SUGGEST WE POSTPONE THAT. AND WE ALL AGREED.

>> POINT OF ORDER, MR. MAYOR, THERE WAS NO SECOND.

THAT MOTION DIES FOR LACK OF A SECOND.

>> AND IT WASN'T A MOTION. IT WAS A SUGGESTION.

>> NO. >> BUT ANYWAY --

>> FINE. POINT OF ORDER IS TAKEN.

ALL RIGHT. I HAVE A MOTION.

DO I HAVE A SECOND? >> I WILL SECOND IT FOR

DISCUSSION. >> OK.

SO WE HAVE A MOTION AND A SECOND ON THE APPOINTMENT OF MR. COOK.

SO, I AM WAITING FOR LIGHTS AND A DISCUSSION.

COMMISSIONER ROSS? >> MR. COOK IS A LANDOWNER IN THERE. BUT EVEN IF MR. COOK OR ANYBODY ELSE, THERE'S ONLY ONE PERSON AT THIS POINT.

I MEAN I WOULD HAVE, AT THIS MEETING, ADVOCATED THAT HAD WE WAIT UNTIL THERE ARE A LOT MORE -- SEE WHAT OTHER PEOPLE ARE OUT

[01:10:02]

I STILL WOULD LIKE TO GO BACK TO THE METHOD OF A HYBRID.

NOT BECAUSE I'M AGAINST MR. COOK, HE'S A GOOD PERSON, BUT I THINK IT'S PREMATURE TO PICK ONE PERSON FOR A COMMITTEE OF SEVEN WITHOUT SEEING THE REST OF THE ALTERNATIVES.

>> HOW MANY APPLICANTS DO WE HAVE SO FAR?

>> AT THIS TIME WE HAVE THREE TO FIVE.

THEY WEREN'T ON THIS AGENDA BECAUSE THEY WERE SUBMITTED FOLLOWING THE DEADLINE TO THIS EVENING'S MEETING.

>> THAT INCLUDES MR. COOK? >> YES, SIR.

>> OK. THANK YOU.

COMMISSIONER BEAN? >> I THINK MR. COOK'S A GREAT GUY. I AM GOING TO VOTE YES.

>> COMMISSIONER STURGIS? >> THANK YOU, MAYOR.

I THINK WE NEED TO LOOK INTO A HYBRID.

I DON'T WANT TO CREATE A WHOLE OTHER BOARD.

I THINK MAIN STREET, IF WE JUST HAD A WAY TO INCORPORATE FOUR CITIZENS TO SIT ON A CRA SECTION ADVISORY BOARD ON MAIN STREET, WOULD CURE THE PROBLEM. I THINK THAT THAT'S JUST MY OPINION. THAT COULD BE FOUR, COULD BE FIVE, WHATEVER THE NUMBER IS. BUT I THINK THERE'S NO NEED TO CREATE A WHOLE OTHER BOARD, A WHOLE OTHER THING THAT THEY COULD GO WORK WITH MAIN STREET AND I THINK GET THE JOB DONE EFFICIENTLY. WHERE WE ARE TALKING ABOUT ONE SEGMENT AND WE ONLY HAVE, WE WENT OVER THE PROPERTIES THE OTHER DAY, HOW MANY PROPERTIES WE WERE TALKING ABOUT.

AND MOST OF THEM, THE CITY OWNED.

THERE'S NOT A LOT OF THEM THAT THE CITY DON'T OWN.

IT'S JUST A FEW HANDFULS. SO, I JUST THINK IT'S A WASTE OF TAXPAYER MONEY TO HAVE ANOTHER BOARD WHEN WE ALREADY HAVE A BOARD. WE JUST NEED TO ADD THREE OR FOUR MEMBERS TO IT AND SAY HERE WE GO.

THAT'S MY OPINION. >> VICE MAYOR?

>> I THINK MR. COOK'S A GREAT GUY.

I SECONDED IT TO ALLOW FOR DISCUSSION.

I AM GOING TO VOTE NO, THOUGH. >> ALL RIGHT.

AND COMMISSIONER ROSS, DO YOU HAVE THE CRA LANGUAGE ON

APPOINTEES? >> YES, I DO.

>> IN YOUR BOOK. >> NOT WITH ME.

I DIDN'T EXPECT THAT CONVERSATION.

[LAUGHTER] THE BOY SCOUT MOTTO -- I WAS AN EAGLE BOY SCOUT.

BE PREPARED. BUT I'M NOT THAT PREPARED.

GOOD FOR YOU. >> REMEMBER, THE REQUIREMENT

THAT YOU HAVE. >> THERE WAS A BAKER, CANDLE STICK MAKER, WHOLE BUNCH OF STUFF.

BUT -- >> AND SO, TO COMMISSIONER BEAN'S POINT, IT'S NOT THAT CITY CLERK, YOUR LIGHT IS ON?

>> YES, SIR. I JUST WANTED TO SAY THAT THE MEMBERSHIP TERMS ARE CONTAINED WITHIN THE AGENDA ITEM.

>> OK. I WAS LOOKING FOR THE REQUIREMENTS OF -- THE ACTUAL MEMBERS.

I DO HAVE THEM? >> HE HAS IT.

>> WOULD YOU READ THAT ALOUD PLEASE.

>> MEMBERSHIP BLAH BLAH BLAH. THREE LEGAL PROFESSIONAL OR FINANCIAL PROFESSIONAL MARKETING ADVISORY BRANDING PROFESSIONAL OR ECONOMIC PROFESSIONAL OR GENERAL CONTRACTOR, IT GOES ON AND ON, TWO CITY RESIDENTS OR PROPERTY OWNERS OR BUSINESS OWNERS, ONE BUSINESS OWNER OF A PROPERTY OWNER OR THEIR AGENT WITHIN THE CRA. AND SO THAT'S THREE FIVE -- AND

THAT'S SEVEN VOTING MEMBERS. >> OK.

SO MR. COOK WOULD MEET THE REQUIREMENT OF A PROPERTY OWNER

WITHIN THE CRA. >> HE WOULD.

>> THAT ANSWERS THAT. VICE MAYOR, YOUR LIGHT IS STILL ON, SIR. ALL RIGHT.

ANY OTHER -- ANY FURTHER DISCUSSION? OK. WILL YOU PLEASE CALL THE VOTE?

>> COMMISSIONER BEAN? >> YES.

>> VICE MAYOR KREGER. >> NO.

>> COMMISSIONER STIR GIST. >> NO.

>> COMMISSIONER ROSS. >> NO.

>> MAYOR. >> NO.

>> THAT MOTION FAILED 1-4. >> MR. MAYOR, MAY I JUST MAKE A COMMENT THAT MAY HELP WITH REGARD TO HOW YOU ARE THINKING ABOUT THIS ADVISORY BOARD? A HYBRID OR WHATEVER YOU WANT TO CALL IT, IF THERE IS ANY BOARD, EVEN IF IT'S PART OF MAIN STREET, WHERE THE CITY COMMISSION VOTES TO APPOINT MEMBERS, OVERSEES THE BOARD, OR THAT THERE'S A DIRECT CONNECTION WITH A MAIN STREET BOARD OR COUNCIL COMING HERE AND SPECIFICALLY MAKING RECOMMENDATIONS, IT WILL BE SUBJECT TO THE SUNSHINE LAW. AND ANY BOARD THAT IS SUBJECT TO THE SUNSHINE LAW IS BASICALLY THE SAME THING AS APPOINTING YOUR OWN BOARD MEMBERS LIKE WE ARE USED TO DOING IT.

IT REQUIRES STAFF TIME, POSTING AGENDAS, TAKING OF MINUTES AND THAT TYPE OF THING. SO I JUST WANTED YOU TO KNOW, REALLY THE ONLY WAY -- AND I'M KNONOT SAYING THE GOAL IS TO KEP IT OUT OF THE SUNSHINE WOULD BE TO -- AND I'VE NEVER SEEN IT AS ABDICATING, AS THE CRA BOARD, YOU LEGISLATE EVERYTHING.

IF THERE'S ANYTHING THAT YOU WANT FOR EXAMPLE A WORKING GROUP LIKE MAIN STREET, WE HAVE ASKED MAIN STREET AS A COMMISSION TO

[01:15:03]

SO -- IT'S EITHER YOU ARE CREATING A BOARD OR YOU AREN'T

CREATING A BOARD. >> THANK YOU.

>> ALL RIGHT. MOVING ALONG.

[9. CITY MANAGER REPORTS]

>> THANK YOU, MR. MAYOR. IN MY ABSENCE I WOULD LIKE TO THANK CHARLES GEORGE FOR FILLING IN IN MY STEAD AS WELL AS THE ADDITIONAL SUPPORT AND PROFESSIONALISM OF THE CITY STAFF. I KNOW THAT THEY HAD TO DEAL WITH A FEW ISSUE, THE MOST SIGNIFICANT APPARENTLY WAS THE NOR'EASTER THAT FLOODED SEVERAL STREETS AND ALL THAT.

BUT AGAIN I WOULD LIKE TO SAY THANK YOU TO MR. GEORGE AND THE REST OF THE CITY STAFF. I WOULD ALSO LIKE TO THANK HIGGEN ACE HARDWARE FOR DONATING IT THE FLAG TO REPLACE THE CITY FLAG AT THE MARINA THAT WAS TATTERED DURING THE RECENT STORM AND FINALLY AN UPDATE ON FEMA. FEMA WAS ACCORDING TO OUR ARBITRATION AGREEMENT, FEMA HAD TO PROVIDE A RESPONSE BY SATURDAY NOVEMBER 13. WE GAVE THEM ONE DAY FOR THE EXTRA WEEKEND. THERE WAS STILL NO RESPONSE FROM FEMA IN THE STATE PORTAL SO I HAVE CONTACTED THE CITY'S RETAINED ATTORNEY ASKING WHAT THE NEXT STEP IS AND SHE'S INDICATED SHE'S ALREADY REACHED OUT TO FEMA COUNSEL TO FIND OUT WHAT THE LACK OF RESPONSE IS DUE TO AND WHAT OUR NEXT STEP WILL BE. SO I WILL KEEP YOU ADVISED OF

THAT. >> OK.

VICE MAYOR? >> AT THE LAST MEETING, THE ACTING CITY MANAGER WAS TASKED TO COME BACK WITH COMMENTS ON THE PROTECTION OF DUNES AND THE ALDC.

AND WHERE WE ARE AT ON THAT. >> OK.

>> CITY ENGINEER, FORMER ACTING CITY ENGINEER.

[LAUGHTER] WHAT WE ARE GOING TO DO IS BOTH THE PLANNING DEPARTMENT AND THE BUILDING DEPARTMENT ARE GOING TO WORK AS A TEAM AND TO CHECK ALL SITE ISSUES RELATIVE TO THE LDC, THE CITY CODES AND THE BUILDING CODE TOGETHER WHEN THEY GO OUT TO A SITE, THEY ARE GOING TO TAKE ALL THEIR BLINDERS OFF AND THEIR THOUGHTS ON WHAT THEY ARE ONLY SUPPOSED TO BE LOOKING AT SO THAT WE HAVE A MORE COMPREHENSIVE LOOK AT HOW THINGS ARE GOING, WHAT SHOULD BE DONE, WHAT SHOULDN'T BE DONE, IF THERE'S A PROBLEM, HOW WE SOLVE IT.

>> AND ALONG THOSE LINES, THERE HAS BEEN DISCUSSIONS OF MORE STRINGENT REQUIREMENTS THAT ARE CONSISTENT WITH THE WALL AND PROTECTION OF THE ENVIRONMENT AND THERE ARE SOME PEOPLE WORKING ON THAT AND IT WILL BE MOVING FORWARD, INCLUDING MOVING THE COASTAL PROTECTION ZONE FURTHER TO THE WEST.

AND THEY WILL GO INTO THE PLANNING DEPARTMENT AND THROUGH THE STAFFING, PRETTY QUICK, I HOPE.

>> CORRECT. >> OK.

I AM GOING TO CALL A TIME OUT. OFFICER, WOULD YOU WALK ACROSS THE STREET AND WARN THE RESTAURANT ABOUT THE VOLUME OF THAT MUSIC? THEY ARE IN VIOLATION.

OF THE NOISE ORDINANCE. THANK YOU, SIR.

>> CITY MANAGER? CENTER STREET RESTAURANTS, I KNOW THEY DID A -- IS IT A DECONSTRUCTIVE?

-- >> FORMER ACTING CITY MANAGER.

>> A DECONSTRUCTIVE EXAMINATION LAST FRIDAY?

>> CORRECT. THEY WENT AND DID TWO TESTS WITH A CHIPPED SAW CUT GROUND OFF SMALL SECTIONS OF THE CONCRETE PILE CAPS THAT THEY ARE RESPONSIBLE FOR IN THEIR LEASE.

TO EXPOSE THE REBAR. AND SO THEY COULD SEE WHAT DETERIORATION HAD OCCURRED, HADN'T OCCURRED, THAT KIND OF THING. SO THEY CAN MAKE THEIR OWN DETERMINATION OF WHETHER IT'S BEEN DAMAGED.

THEY DID THAT. WE HAD OUR OWN OUTSIDE CONSULTANT THERE. WHO OBSERVED IT.

THEY FOUND WHAT MYSELF AND OUR CONSULTANT BELIEVED WAS SIGNIFICANT DETERIORATION. THEY ARE REINFORCING THE CENTER STREET GROUP'S ENGINEER DOESN'T THINK IT'S THAT SIGNIFICANT AS WE DO. AND THAT'S WHERE WE ARE RIGHT NOW. THEY HAVE SUBMITTED THEIR REPORT TO US. WE ARE LOOKING AT THAT AND THEN

WE WILL COMMENT BACK ON THAT. >> OK.

AND -- CITY ATTORNEY, THE STATUS, WASN'T SATURDAY THE

DEADLINE FOR THEM TO FILE? >> YES.

THEY FILED. >> THEY FILED.

THANK YOU. >> SO WHAT WE HAVE PENDING IN THE COURT RIGHT NOW AND THIS ALL HAPPENED VERY QUICKLY BECAUSE THERE'S ONLY A 15-DAY PERIOD AFTER THE BOARD OF ADJUSTMENT SIGNED FINDINGS OF FACT. THEY FILED WHAT WE CALL A PETITION FOR WRIT OF CERCIARE, WHICH IS AN APPEAL OF THE BOARD OF ADJUSTMENT'S DECISION. REMEMBER I GIVE THIS INSTRUCTION

[01:20:01]

IT DOESN'T HAPPEN VERY OFTEN. SO WHAT WE HAVE TO PROVE FOR THAT IS NOT NECESSARILY WHAT YOU HAVE TO PROVE.

THERE'S TEMPORARY INJUNCTIONS, THINK EVERYBODY'S HEARD OF THAT.

AND THEN THERE IS UNDER THE RULES OF APPELLATE PROCEDURE, THERE ARE ADMINISTRATIVE HEARING RULES AND THINGS SO THE LAWYERS ARE WORKING IT OUT. BUT THERE'S A HEARING SCHEDULED THIS FRIDAY MORNING AT 10:15. AND ALL THE HEARINGS NOW ARE HELD VIA ZOOM. SO, I HAVEN'T GOTTEN THAT LINK OR ANYTHING YET. BUT THAT HEARING IS TO STAY THE CITY BOARD OF ADJUSTMENT ORDER, ORIGINALLY THE CITY ENGINEER'S ORDER, TO VACATE THE BUILDING 60 DAYS AFTER THE NOTICE, WHICH GOT TOLD OR EXTENDED FOR THE HEARING TIME AND ALL THAT.

SO THAT TIME STILL GOES. MY CALCULATION, NOVEMBER 29 WOULD BE THAT DEADLINE. THEY HAVE TO BE OUT OF THAT BUILDING. THEY ARE GOING TO ASK THE JUDGE TO PUT THAT ON HOLD AND BE ABLE TO CONTINUE TO OCCUPY THE BUILDING UNTIL THEY CAN BE HEARD ON MERITS OF THEIR PETITION FOR WRIT OF CERCIARE. THE APPEAL OF THE BOARD OF ADJUSTMENT. ARE THERE ANY OTHER QUESTIONS.

>>> YOU PILL POST THE LINK. >> I CAN POST THE LINK.

I CAN TELL YOU TODAY, I DON'T KNOW, EACH INDIVIDUAL JUDGE HAS DIFFERENT RULES WHETHER IT'S JUDGE FALKNER OR JUDGE DANIEL.

TODAY I GOT INTO A HEARING INTO ZOOM, I WAS NOT ON TIME AND I WAS NOT LET IN. JUST SO YOU KNOW, IF YOU WANT IN, YOU CAN'T JUST DECIDE WHEN YOU ARE SHOWING UP.

MAKE SURE TO BE THERE EARLY. >> MR. STURGIS?

>> THANK YOU. I DON'T HAVE A QUESTION FOR TAMMI. I HAD A QUESTION FOR DALE SPECIFICALLY WITH THE FEMA. SO THIS IS STILL TO DEAL WITH OUR SETTLEMENT WITH FEMA OVER THE MARINA.

CORRECT? >> CORRECT.

WHAT FEMA -- WHAT THE ARBITRATION AGREEMENT CALLED FOR WAS FEMA AGREED THAT THE MARINA WAS ELIGIBLE FOR REPLACEMENT.

WE HAVE TO SUBMIT ALL OF OUR COSTS IN A TIMELY MANNER.

WE HAD FIVE DAYS? NO, 14 DAYS.

WE HAD 14 DAYS TO SUBMIT OUR COST TO THE STATE.

THE STATE HAD FIVE DAYS TO REVIEW THOSE COSTS.

SUBMIT THE COST TO FEMA. THEN FEMA HAD 60 DAYS TO ACKNOWLEDGE THOSE COSTS. AND SO THAT'S THE 60-DAY DEADLINE THAT THEY FAILED TO MEET.

>> OK. >> A REVIEW OF OUR COST.

THEY DID -- NOW -- IT CAME TO LIGHT THAT FEMA DIDN'T TRACK THE FACT THAT WE HAD UPLOADED OUR DOCUMENTS.

THEY SAID THEY COULDN'T FIND THEM.

IT WAS POINTED OUT THAT THEY WERE IN FACT TIMELY UPLOADED.

AND THAT FEMA DID ASK FOR AN EXTENSION AND OUR ATTORNEY REJECTED FEMA'S REQUEST FOR AN EXTENSION.

>> SO IS IT JUST A MATCH OR ARE THEY GOING TO HAVE TO ANSWER? IS THERE A DEADLINE? BECAUSE WE ALREADY PASSED THE

DEADLINE. >> HAVE I TO WAIT TO HEAR FROM

THE RETAINED ATTORNEY. >> ALL RIGHT.

THAT'S ALL. I JUST HAD A QUESTION ABOUT THAT. I NO HE WE MOVED ALONG.

THANK YOU. >> ANY OTHER QUESTIONS FOR THE CITY MANAGER? OK.

[10. CITY ATTORNEY REPORTS]

>> I UM -- I DON'T GET UP THERE THAT OFTEN, BUT I HAVE BEEN MADE AWARE THAT THERE'S ANOTHER WAREHOUSE TO BE CONSTRUCTED ON PORT PROPERTY. OK? AND TO MY KNOWLEDGE, I WILL CHECK SOME MORE TOMORROW, THERE HAS NOT BEEN A BUILDING PERMIT APPLICATION, A SITE PLAN, OR ANYTHING ELSE SUBMITTED TO THE CITY.

SO, IF YOU REMEMBER THE LAST TIME THAT THE FABRIC WAREHOUSE WAS CONSTRUCTED, OR STARTED CONSTRUCTION, I SENT A LETTER ON MY LETTER HEAD REMINDING THEM THAT THE FLORIDA BUILDING CODE APPLIES, THE CITY'S ORDINANCES APPLY AND THAT THEY NEEDED TO COME AND GET PERMITS. I DON'T WANT TO DO ANYTHING LIKE THAT UNTIL YOU ALL KNOW AND SAY IT'S OK FOR ME TO DO THAT.

BUT I AM PREPARED TO SEND A LETTER JUST TO LET THEM KNOW.

AND ONE OF THE THINGS THAT I DON'T THINK THAT THIS IS A SECRET AT ALL, MR. FULLWOOD UP HERE AND NASSAU TERMINALS, THEY DON'T SEE EYE-TO-EYE ON A LOT OF THINGS.

SO, IT IS NOT MR. FULLWOOD AND OUR ELECTED COMMISSIONERS THAT ARE BUILDING THAT WAREHOUSE. IT IS THE OPERATOR.

SO I JUST WANT TO KEEP THAT IN MIND AND I AM NOT OUT TO GET THE OPERATOR. IT'S JUST MAYBE THEY NEED A

REMINDER. >> I UNDERSTAND.

>> TO FOLLOW CODE. >> SO I UNDERSTAND, COMMISSIONER ROSS AND I WERE AT THAT MEETING. OPA DID NOT APPROVE THE BUILDING

[01:25:06]

WHAT IT WOULD COST. ETC., ETC.

AND THEN THEY WOULD APPROVE OR NOT APPROVE.

>> OK. >> THE FABRIC TENT.

COMMISSIONER ROSS? >> BUT WHAT THEY DID NOT PUT IN THEIR COST IS THE BUILDING FEE'S COSTS AND ALL THAT.

SO I WOULD -- I WOULD HOPE THAT THE CITY ATTORNEY COULD JUST WRITE A GENTLE REMINDER THAT YOU NEED TO COME INTO THE TR -- AND THEY WERE TALKING ABOUT GOING FORWARD AS QUICKLY AS POSSIBLE AND JUST A GENTLE REMINDER THAT THEY NEED TO PUT THIS BEFORE THE TRC. TECHNICAL REVIEW COMMITTEE.

AND THAT THEY NEED TO COME IN WITH THEIR FLOODPROVING AND SO ON. BECAUSE THEY SORT OF -- THE LAST TIME WHEN THEY DID THIS FABRIC WAREHOUSE, THEY FORGOT TO DO THE FLOODPROOFING. AND, IN A WAY, THIS IS A GENTLE REMINDER TO THEM TO REMEMBER THAT THAT NEEDS TO BE INCLUDED IN THEIR DESIGN. AND I JUST THINK IT'S THE CITY ATTORNEY HAS THE TACT TO GENTLY REMIND THEM THAT HERE'S WHAT THEY -- AND AS YOU HEARD TONIGHT, MR. FULLWOOD HAD NO PROBLEMS WITH FOLLOWING THE FLOOD CODE REGULATIONS.

SO -- >> VICE MAYOR?

>> YES, I AGREE WITH IT WOULD HE BE APPROPRIATE TO SEND A NICE

REMINDER. >> AND THAT'S WHAT IT WILL BE.

YEAH. THAT'S IT.

>> IS THAT IT? >> WELL, HAPPY THANKSGIVING.

HAPPY SAFE THANKSGIVING TO EVERYBODY NEXT WEEK.

[11. CITY CLERK REPORTS]

>> THANK YOU. ALL RIGHT.

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

CONGRATULATIONS TO THE MAYOR. HE SUBMITTED HIS BID TO RUN IN THE 2022 GENERAL ELECTION EARLIER TODAY IN SEAT 4, WHICH IS THE SEAT THAT HE CURRENTLY OCCUPIES.

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

[12. MAYOR/COMMISSIONER COMMENTS]

>> ALL RIGHT. ITEM 12, MAYOR/COMMISSIONER COMMENTS? COMMISSIONER ROSS?

>> I WOULD JUST LIKE TO ECHO, I PARTICIPATED IN THE -- TOURNAMENT THIS WEEKEND. A GOOD TIME WAS HAD BY ALL.

AND A LOT OF FOREIGN PEOPLE FROM OUTSIDE THE COUNTRY AND FROM ACROSS THE COUNTRY WERE HERE. I HEARD OVER AND OVER AGAIN WHAT A GREAT PLACE THIS IS, HOW FRIENDLY THE PEOPLE WERE.

WHAT A GREAT TOWN WE HAVE. BUT I REALLY WANT TO THANK THE STAFF OF THE CITY WHO DID A TREMENDOUS JOB OF PREPARING THAT SITE AND MAKING IT HAPPEN. I JUST REALLY APPRECIATE THAT.

THANK YOU. >> OK.

DON'T WANT TO MENTION YOU FINISHED FIRST IN YOUR

DEFINITION. >> WE WERE THE BEST OF THE

WORST. >> THANK YOU, SIR.

>> WE WERE 5-0 THAT DAY. >> CONGRATULATIONS.

COMMISSIONER STURGIS? >> I DON'T HAVE ANYTHING OTHER THAN HAPPY THANKSGIVING AND LOOKING FORWARD TO A GREAT HOLIDAY SEASON ON AMELIA ISLE. THANK YOU.

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

TWO GREAT EVENTS SINCE THE LAST TIME WE MET THAT I, OVER THIS PAST WEEKEND, I WENT TO THE EMPTY BOWLS BY BARNABIS.

IT WAS DELICIOUS SOUP. A LITTLE CUP OF SOUP, VERY DELICIOUS. SO I WANT TO SAY SHOUT OUT TO ANOTHER GREAT SUCCESSFUL EVENT BY BARNABUS.

AFTER THAT I WAS ACROSS THE STREET FROM THE VICE MAYOR AT HIS FOOD GIVE AWAY, A BUILDING THE HABITAT FOR HUMANITY HOUSE.

THEY ARE LOOKING FOR VOLUNTEERS. SO IF YOU WISH TO VOLUNTEER FOR HABITAT FOR HUMANITY, THEY ARE LOOKING FOR VOLUNTEERS FOR THE NEW HOUSE THEY ARE BUILDING OVER ON ELM STREET.

AND AN UPCOMING EVENT, WE HAVE THIS SATURDAY, IT IS THE FOUR FROM HOME SEND OFF CELEBRATION TO BE HELD AT THE GREAT LOCAL BUSINESS THE PALACE THIS SATURDAY AFTERNOON.

ALL AFTERNOON. I KNOW SEVERAL OF US WILL BE THERE. I WILL BE THERE AND WOULD LOVE TO SEE YOU THERE WATCHING AT HOME.

IT'S GOING TO BE GOOD. WITH THAT, IT'S ALL I HAVE.

THANK YOU. HAPPY THANKSGIVING.

>> I HHAVE WE PUBLISHED A NOTICF GATHERING?

>> NO, SIR, THERE'S A NOTE. >> VICE MAYOR?

>> AS BRADLEY SAID, THE BARNABUS GIVES FOOD AWAY THE SECOND SATURDAY FROM 8:00 TO 10:00 AT MLK.

THIS SATURDAY, EVERYBODY GOT A TURKEY.

EVERYBODY. AND THEN AFTER THAT, YOU KNOW, I HAVE BEEN PUSHING THE HISPANIC SERVICE FAIR.

WE HAD THE HISPANIC SERVICE FAIR ON SATURDAY AFTERNOON.

I HAD 14 DIFFERENT GROUPS PRESENTING NONPROFITS, ATTORNEYS, AND, CONSIDER -- WE HAD, PROBABLY SHOWED ABOUT 60 TO 75 PEOPLE, SPANISH-SPEAKING PEOPLE, WHICH IS PRETTY SIGNIFICANT IN THIS COMMUNITY. I WAS PLEASED WITH THAT.

WE WILL SEE, EVEN AS A RESULT, THE MEXICAN CONSUL MAY BE WANTING TO COME DOWN HERE AND SUPPORT THE MEXICAN NATIONALS.

SO IT WAS A NICE EVENT. PURPOSE BEING INCLUSIVE AND WE ACTUALLY HAD QUESTIONS ON THERE, WHICH RELATE DIRECTLY TO THE

[01:30:05]

SO, IT WAS NICE. >> THANK YOU, SIR.

>> AND IT COST US PROBABLY LESS THAN $500.

>> COMMISSIONER STERGIS? >> THANK YOU, MAYOR.

I JUST WANTED TO MENTION THAT LILY RUSSELL DID AN EXCELLENT JOB GETTING MY GOLF CART READY AND WE REALLY ENJOYED THE VETERANS DAY PARADE AND WE HAD A HITCHHIKER ON THE BACK.

LEN KREGER, THE BEST COMMISSIONER, WEES HANGING ON TO THE BACK OF THE GOLF CART. WOULD HE A GREAT TIME IN THE VETERANS DAY PARADE. THANK YOU VETERAN FOR SERVING IN THE ARMED FORCES. THAT WAS IT.

JUST WANTED TO GO BACKWARDS. >> THANK YOU.

ALL RIGHT. AND FINALLY -- I WANT TO START WITH CONDOLENCES TO THE FAMILY OF FORMER NASSAU COUNTY COMMISSIONER DAVID C HOWARD. AND HE WAS A COMMISSIONER FROM 1998 TO 2002. AND AS I AM READING HIS ACCOMPLISHMENTS, THEY ARE VERY IMPRESSIVE.

CENTER STREET HISTORIC COURTHOUSE RESTORATION, THE DD BARTEL'S BOAT RAMP, OLD NASSAUVILLE ROAD BOAT RAMP, COVINSVILLE PARK CONSTRUCTION. ALSO INSTRUMENTAL IN SHAPING NASSAU COUNTY COMPREHENSIVE PLAN COMPONENTS RELATED TO ROAD PLANNING, PUBLIC SERVICES, AND LIFE SAFETY INFRASTRUCTURE.

THE NASSAU COUNTY TRANSITIONING ADULT PROGRAM CAREER DAY WAS HELD LAST WEEK BY THE CITY. AND THIS IS A PROGRAM WHERE POST HIGH SCHOOL STUDENTS WITH DISABILITIES HAVE AN OPPORTUNITY TO LEARN ABOUT LOCAL GOVERNMENT. THEY COULD BE HANDS ON WITH FIRST RESPONDER ASSETS, PUBLIC WORKS ASSETS, AND TAKE A TOUR OF THE MARINA FACILITIES. SPECIAL THANKS TO MISS BEST AND MISS HAMER FOR ORGANIZING THIS EVENT.

COMMISSIONER STURGIS MENTIONED THE VETERANS DAY PARADE.

MY WIFE HAS A GREAT QUOTE ABOUT PARADES IN THE CITY.

HALF OF THE CITIZENS ARE IN THE PARADE AND THE OTHER HALF WATCH.

THIS WAS A GREAT TURNOUT FOR PARADE PARTICIPANTS BUT ALSO FOR THOSE WATCHING. AND I SPECIFICALLY WANT TO HONOR THAT WE HAD THREE KOREAN WAR VETERANS, ONE OF WHOM SERVED AS GRAND MARSHALL. JOEL BROOKS.

AS WELL AS FOUR WORLD WAR II VETERANS.

AND THAT WAS AWESOME. TO SEE THOSE VETERANS ON THOSE VEHICLES AND GIVE THEM A SALUTE. IT WAS AWESOME.

WE MENTIONED THE BATO IN, K TOURNAMENT.

AS I MENTIONED, I DID SOME VOLUNTEER WORK.

IT WAS GREAT TO SEE ALL OF THOSE FOLKS, ALL OF THOSE VOLUNTEERS, ALL OF THAT WORK COME TO FRUITION AND A SUCCESSFUL EVENT.

AND, AS COMMISSIONER ROSS AND STERGIS SAID, THE PEOPLE WHO PARTICIPATE LOVE THIS ISLAND. THEY REALLY DO.

AND WE SHOW UP AND WE ROLL OUT THE RED CARPET.

AND IT'S APPRECIATED. SO -- THANKS SO MUCH.

TO THOSE FOLKS. AND I WILL END WITH HAPPY THANKSGIVING. AND I HOPE THAT YOU WILL DO AS I WILL DO, AND REMEMBER WHAT WE ARE THANKFUL FOR.

IN 2021. BE THANKFUL FOR THE GIFT OF THE FAMILY AND FRIENDS THAT WE REMEMBER AND THAT WE HOST AT OUR TABLE. AND WITH THAT, GENTLEMEN, WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.