Jul 19, 2022 Regular Meeting

[1. CALL TO ORDER]

[00:00:04]

>> GENTLEMEN, ARE YOU READY. PLEASE BE SEATED.

CALL TO ORDER THE JULY 19, 2022 REGULAR MEETING OF THE CITY COMMISSION. MADAME CLERK, PLEASE CALL THE ROLE. TAKE (ROLL CALL).

>> HOUSEKEEPING, PERSONAL DEVICES, IF YOU CAN TURN THEM TO AIRPLANE SILENT OR TOTALLY OFF THAT WOULD BE GREAT, WE WOULD APPRECIATE IT. AS I SAID AT THE PREVIOUS MEETING, WE ALL KNOW PEOPLE WHO HAVE COVID-19.

IT HAS NOT LEFT US. IT IS IN FACT SPREADING MORE RAPIDLY. SO PLEASE TAKE WHATEVER MEASURES YOU DEEM NECESSARY WITHIN REASON TO PROTECT YOUR OWN HEALTH AND THE HEALTH OF OTHERS. AND WITH THAT WE WILL STAND FOR THE PLEDGE OF ALLEGIANCE LED BY THE VICE MAYOR AND REMAIN STANDING FOR THE INVOCATION BY THE REVEREND DOYLE ROBERTS OF NORTH 14TH STREET BAPTIST CHURCH.

>> I PLEDGE OF 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.

HEAVENLY FATHER WE THANK YOU SO MUCH FOR THE OPPORTUNITY TO BE YOUR LORD TO CONDUCT THE BUSINESS OF THE CITY.

WE PRAY THAT YOU WOULD GUIDE AND DIRECT IN EVERYTHING SAID AND DONE OR GIVE US THE WISDOM TO MAKE THE RIGHT DECISIONS.

LORD WE THANK YOU THAT YOU HAVE BLESSED US SO MUCH WITH SUCH AN AMAZING PLACE TO LIVE EVENT TO WORK.

LORD WE ASK THAT YOU WATCH OVER AND PROTECT US AS WE GO THROUGH HURRICANE SEASON. LORD BE WITH US AS FAR AS COVID-19 IS CONCERNED AS YOU WOULD PROTECT US FROM THAT AND GET RID OF THIS NASTY VIRUS. THANK YOU FOR YOUR MANY BLESSINGS AND WE ASK THESE THINGS IN JESUS NAME, AMEN.

[4.1 BUDGET SUMMARY ]

>> THANK YOU SIR. ITEM 4.1 THE BUDGET SUMMARY.

>> GOOD EVENING, CITY COMPTROLLER.

JUNE IS THE NINTH MONTH AND REPRESENT THE BUDGET FOR THE FISCAL YEAR. YOU TODAY REVENUE FROM THE GENERAL FUND IS THAT 90.6% OF THE ANNUAL BUDGET.

IS PRIMARILY DUE TO PROPERTY TAX RECEIPTS.

OVERALL, YEAR TO DATE GENERAL FUNDING EXPENSE IS BELOW THE MARK AT 64.8% HOWEVER SOME DEPARTMENTS ARE OVER THIS MARK DUE TO THE PAYMENTS FOR ANNUAL SERVICE AND MAINTENANCE CONTRACTS. ALL OF THE INTERFUND TRANSFERS FOR THE MAYOR COMPLETE. FOR SOME OF THE OTHER FUNDS, CAPITAL IMPROVEMENT BONDS, ENCUMBRANCES OR PAYMENTS HAVE BEEN ISSUED FOR THE PAYROLL SYSTEM, POLICE EQUIPMENT, STREET PAVING, ( INDISCERNIBLE ) AND THE REC CENTER PROJECT.

FOR THE GOLF COURSE REVENUE MEMBERSHIP IS UP $64,000 OVER LAST YEAR. ALL UTILITY FUND REVENUE AND EXPENSES EXCEPT FOR THE WASTEWATER FUND WHICH WAS ANTICIPATED IN THE BUDGET. THE MARINA YEAR TO DATE DIESEL FUEL SALES ARE AT 115.9% OF THE BUDGET.

DOES ANYONE HAVE ANY QUESTIONS? >> ANY QUESTIONS OF THE

[4.2 PROPOSED FY 2022/2023 BUDGET ]

THANK YOU MA'AM. ITEM 4.2 PROPOSED PHYSICAL YEAR

BUDGET 2022-2023, CITY MANAGER. >> THINK YOU MR. MAYOR.

CITY COMMISSION. I WILL INTRODUCE THE PROPOSED BUDGET THAT WAS PUT TOGETHER BY MYSELF WITH THE ASSISTANCE OF MRS. TESTA GROWS AND THE REMAINDER OF CITY STAFF.

THIS IS THE PROPOSED BUDGET AND WORKSHOPS ARE SCHEDULED AND I WILL HAVE THE CALENDAR LATER. BUT THE FIRST MEETING FOLLOWING THE MEETING IS NEXT TUESDAY A SPECIAL MEETING.

( INDISCERNIBLE ). YOU WILL BE REMINDED OF THAT.

>> AND THAT IS AT 6:00 P.M.? >> 6:00 P.M., YES, SIR.

THIS IS THE CHARTER SECTION THAT DIRECTS ME TOO OFFER YOU THE ANNUAL ESTIMATE OF EXPENDITURE AND REVENUE AND TO DIRECT THE SUBMISSION TO BE DIRECTED TO YOU.

THE PROPOSED BUDGET, IS BASED UPON MAINTAINING THE EXACT SAME MILITANT OF THIS YEAR WHICH IS 5.330 MALE.

UNDER FLORIDA STATE STATUTES, THE PROPOSED OPERATING MILLAGE

[00:05:05]

THEREFORE CONSTITUTE A TAX INCREASE.

AND UNDER STATE STATUTES IT IS DEFINED AS 11.78% TAX INCREASE.

AND TO BE VERY CLEAR, THAT IS AN 11.78% INCREASE OVER THE RATE OF REVENUES. THAT IS NOT A TAX INCREASE OF THAT MAGNITUDE ON INDIVIDUAL PROPERTIES.

IN GENERAL TERMS, CALCULATING WHAT WOULD BE THE TAX RATE FOR THE FIVE CITIES CITY COMMISSIONERS YOUR AVERAGE INCREASE BASED UPON MAINTAINING THE SAME MILITARY IS LESS THAN $50 FOR THE YEAR. AND HOW WE GET TO THAT NUMBER THE ESTIMATE IS FOR EVERY $103,000 OF YOUR TAXABLE VALUE, YOUR TAXES WOULD GO UP AS A HOMESTEAD PROPERTY BY APPROXIMATELY $16 FOR EVERY $103,000.

NON- HOMESTEAD PROPERTIES ARE SUBSTANTIALLY DIFFERENT.

THEY ARE NOT CONSTRAINED BY THE 3% HOMESTEAD REGULATION OR STATUTE OF THE STATE. THE STATE DETERMINES WHAT THE CONSUMER PRICE INDEX IS FOR THE YEAR END THIS YEAR THE STATE DETERMINED THAT INCREASE WAS 7%. SO NON- HOMESTEAD PROPERTIES WILL LIKELY SEE AN APPROXIMATE 7% INCREASE SOAP, AND THAT WOULD EQUATE TO APPROXIMATELY $37 FOR EVERY $107,000 OF TAXABLE VALUE.

NOW THAT VERY SIGNIFICANT -- WILL DIFFER FROM PROPERTIES AND DETERMINED BY THE PROPERTY APPRAISER.

BACK CAP ON NON- HOMESTEAD PROPERTIES IS 10% AS COMPARED TO THE CAP ON HOMESTEAD RESIDENTIAL PROPERTIES WHICH IS 3%.

SO THIS IS A COMPARISON OF THE 2022, THE CURRENT YEAR END THE YEAR 2023, PROPOSED YEAR. THE MILITARY CAN STAY THE SAME FOR TAXABLE VALUE OF ALL PROPERTIES IN THE CITY HAS INCREASED FROM SLIGHTLY OVER $3 BILLION TO THREE AND A HALF BILLION DOLLARS. PROPERTY TAXES AND REVENUES GENERATED 15 AND HALF MILLION DOLLARS $217 MILLION OF THE TOTAL GENERAL FUND REVENUES FOR THIS CURRENT YEAR WERE BUDGETED AT 23 AND HALF MILLION DOLLARS TO NEARLY $26 MILLION FOR THE FORESEEABLE NEXT YEAR. THIS IS A BREAKDOWN OF THE PROPOSED BUDGET ON A DEPARTMENT BY DEPARTMENT BASIS AND ACROSS THE TOP THE VALUE IS $571,000 THAT IS WHAT YOU PAY OR WHAT SOMEONE PAYS IN CITY TAXES AND IN CITY TAXES ON.

AND AGAIN TO CLARIFY WHAT PEOPLE LOOK AT THEIR TAX BILL, THE TAX BILLS APPROXIMATE ONE THIRD THE CITY COME ONE THIRD THE COUNTY AND 130 -- ONE THIRD FOR THE SCHOOL DISTRICT.

THIS IT IS ONLY RESPONSIBLE FOR ONE THIRD OF THE TOTAL TAX BILL.

BUT -- WHAT THIS DOES IN THE MEDIAN TAX BILL FOR THE ENTIRE CITY IT IS APPROXIMATELY $101,100.

THE REASON I STOPPED AT THE $3,000 IS THAT COVERS 94% OF THE CITY RESIDENTS PAY $3,000 PER YEAR OR LESS IN CITY PROPERTY TAXES. 50% OF THE PEOPLE PAGE $1,100 OR LESS IN ANNUAL PROPERTY TAXES TO THE CITY.

WHAT THIS DOES BREAKS DOWN ON A BY DEPARTMENT BASIS, HOW MUCH OF YOUR TAX DOLLARS GO TO SUPPORT THOSE VARIOUS DEPARTMENTS.

SO IF MY TAXES WERE $1,500 FOR THE YEAR.

IF I LOOK AT THAT I AM PAYING ROUGHLY $1 PER DAY FOR POLICE COVERAGE AND 1 DOLLAR PER DAY FOR FIRE COVERAGE.

AND YOU CAN COMPARE YOUR TAXES, YOUR PERSONAL TAXES TO THE DIFFERENT COLUMNS. THIS IS AN ACTUAL PRODUCT THAT CITY STAFF WORKING WITH THE COUNTY APPRAISER DEVELOPER IT BREAKS DOWN WHAT THE TAX BURDEN WAS, AND THIS IS TAX 2020.

THEY ARE IN THE PROCESS OF PREPARING A 2021.

BUT THIS SHOWS HOW MUCH EACH PARCEL PAID IN CITY TAXES IN THE YEAR 2020. WHAT IS INTERESTING AGAIN, THE MEDIAN, IS THE BLUE COLUMN. THOSE THAT ARE $1,000 OR LESS COVER ABOUT HALF OF THE CITY PROPERTY TAXES.

WHILE THIS IS AN ( INDISCERNIBLE ) FORM, IT IS NOT QUITE AS IMPRESSIVE WHEN YOU PUT IT INTO 3D FORM.

WHAT THIS SHOWS, THIS SHOWS THE RELATIVE TAX BURDEN OF EVERY SINGLE PROPERTY IN THE CITY. THE TALLEST FIRE WHICH DWARFS EVERY OTHER PROPERTY IN THE CITY'S RESTAURANT.

THERE ARE FIVE PROPERTIES IN CITY LIMITS THAT PAID OVER $200,000 PER YEAR PROPERTY TAXES.

[00:10:02]

THE FOURTH HIGHEST, WHAT I FOUND TO BE ANOTHER SURPRISE IS ACTUALLY THE APARTMENTS LOCATED AT 14TH AND LIVE.

AND THE FIFTH HIGHEST, THE ONLY OTHER ONE THAT PAYS OVER $200,000 IN TAXES ACTUALLY THE RESIDENCE IN MARIETTE ( INDISCERNIBLE ). BUT THIS ALLOWS YOU TO MOVE AND, IF ANYONE IS INTERESTED IN THE LINK FOR THIS I CAN PROVIDE IT BUT YOU CAN ZOOM IN AND GO THROUGH AND.OUT EVERY PROPERTY THAT IS THERE. BUT WHAT YOU FIND AS MOST OF THE PROPERTIES, TAX BURDEN IN THE CITY ARE LESS THAN $1,000 PER YEAR. AND THAT IS THE BLUE TO PROPERTIES ON THIS MAP. AGAIN, IT APPEARS THAT IF YOU TOOK EVERY PROPERTY WHICH WE BELIEVE TO BE, AND TRULY ARE THE MOST VALUABLE PROPERTIES IN THE CITY LIMITS ALONG FLETCHER IF YOU STACK ALL OF THOSE TOGETHER YOU WOULD STILL NOT COME CLOSE TO REACHING THE TOP THAT WEST ROCK PAYS IN PROPERTY TAXES.

AGAIN, THIS IS AN INTERESTING 3D MODEL TO SHOW WHAT THE RELATIVE TAX BURDEN IS FOR EVERY PARCEL IN THE CITY.

WHEN I GET THE 2021 DATE I WILL SHARE THAT WITH YOU.

IT IS INTENDED TO BE SOMEWHAT MORE VISUAL THAN THE 2T VERSION.

WITH REGARD TO PERSONNEL WITHIN THE GENERAL FUND, WE ARE ADDING FOUR PEOPLE. THREE FIREFIGHTERS AND IN ALL LIKELIHOOD WE HAVE APPLIED FOR A GRANT TO FUND THE THREE FIREFIGHTERS. THE FIRE DEPARTMENT IS FACING A GROWING CHALLENGE OF A GAP IN SENIORITY THAT WE HAVE MANY LONG TENURED FIREFIGHTERS WHO ARE IN THE PROCESS OF LEAVING OR PREPARED TO LEAVE, AND A FEW YOUNGER FIREFIGHTERS, THE CHIEF HAS DONE AN ADMIRABLE JOB OF INCREASING THE DIVERSITY IN THE DEPARTMENT. I THINK FOR THE FIRST TIME IN MY TENURE AND HIS TENURE, WE HAVE ADDED SEVERAL FEMALE FIREFIGHTERS AS WELL AS OTHER DIVERSITY IN THE FIRE DEPARTMENT. WE HAVE ADDED ONE INFORMATION TECHNOLOGIST SPECIALIST DEPOSITION WAS ADDED DURING THAT YEAR. THE PERSONNEL COUNT IS A ONE-DAY SNAPSHOT OF WHO IS ON STAFF EFFECTIVE OCTOBER 1.

SO THIS IS A CATCH UP OF THAT. CEMETERY MAINTENANCE, CEMETERY MEANS WE ARE LOOKING AT ELIMINATING TWO JOBS THERE.

YOU WILL HAVE BEFORE YOU AT THE NEXT CITY COMMISSION MEETING, A PROPOSAL TO OUTSOURCED OUTSOURCE MAINTENANCE AT THE CEMETERY.

THAT WILL ILLUMINATE THOSE TWO POSITIONS, AND CITY STAFF, IF APPROVED THOSE TWO STAFF MEMBERS WILL TRANSITION INTO OTHER POSITIONS AND THE PARKS AND REC DEPARTMENT.

DUE TO CHALLENGES WITH EMPLOYEES WE HAVE ELIMINATED SEVERAL FULL-TIME OR SEVERAL PART-TIME POSITIONS, SO AT THE -- WE CALCULATED IF WE REDUCE THE FULL-TIME STEP BY 7%.

ORGANIZATIONAL CHANGES WE ARE CONTINUING TO MOVE FORWARD UNDER THE LEADERSHIP OF MR. GEORGE. WHO NOT ONLY SERVE THE CITY ENGINEER BUT COMMUNITY SERVICES DIRECTOR.

SO THE FIRST STEP OF THIS IS THE EVENTUALITY IS RE-CREATING FOR COMMUNITY DEVELOPMENT DEPARTMENT AND AN EFFORT TO IMPROVE EFFICIENCY AND COMMUNICATION AMONGST THE STAFF THAT DEALS WITH SPECIFICALLY THE BUILDING AND PLANNING DEPARTMENTS.

THE FIRST STEP OF THIS FACTUALLY, WE ARE GOING TO BLEND IN CODE ENFORCEMENT DEPARTMENT INTO PLANNING, BUILDING DEPARTMENTS, GET SOME OF THAT IS IN DIRECT RESPONSE TO HOW YOU VOICE POWER WE ENFORCING TREE ORDINANCES, CONSTRUCTION SITE STANDARDS AND THINGS LIKE THAT. THE INTENT IS WE ASSIGN CODE ENFORCEMENT PERSONNEL DIRECTLY TO THE PLANNING OF THE BUILDING DEPARTMENT TO MOVE FORWARD AND IMPROVE EFFICIENCY AND COMMUNICATION AMONGST THOSE DEPARTMENTS.

MR. GEORGE IS LEAVING THAT EFFORT.

>> HAVE A QUESTION. >> SAP EXPENSE ICY DEPUTY CITY MANAGER, IS THAT A NEW TITLE? -- THAT WILL BE ITS OFFICIAL

TITLE. >> DOES THAT INVOLVE ANY (

INDISCERNIBLE ). >> NO, SIR.

ADDITIONAL STAFF WILL BE ALLOCATED AGAIN IN DIRECT RESPONSE TO THE CONCERNS YOU VOICE FOR CONSERVATION.

WE ADDED MORE CONSERVATION LAND WE HAVE TO DEVELOP PLANS AND ADDRESS THE TREE ISSUES. WILL ALLOCATE ADDITIONAL STAFF FOR CONSERVATION EFFORTS. AND RIGHT NOW AS WE SPENT THE CITY AGAIN, CONSIDERING THIS LABOR MARKET WE HAVE TEN VACANT POSITIONS ACROSS A VARIETY OF DEPARTMENTS AT THIS TIME.

ANOTHER SIGNIFICANT ISSUE, OUR CAPITAL PROJECT.

THESE ARE ALL FUNDED THROUGH GENERAL FUNDS, CONTRIBUTIONS AND AGAIN, SOME OF THIS IS THE DIRECTION THAT YOU PROVIDED THAT WE NEED TO ADDRESS OUR PREFERRED MAINTENANCE.

ONE OF THE KEY REASONS FOR SETTING THE MILLAGE RATE WHERE WE DID WE HAVE SIGNIFICANTLY INCREASED COST FOR LABOR,

[00:15:04]

THOSE PROJECTS ARTHRALGIA $40,000.

WE DID THE BOARDWALK AND OTHER AMENITIES AT SEASIDE PARK.

DOWNTOWN WHICH INCLUDES BOTH DOWNTOWN STREETSCAPE AND SIDEWALKS. WEEK CONTINUED TO IMPROVE OUR HARDWARE AND SOFTWARE CAPABILITIES.

THAT IS NEARLY $300,000. REBUILD BIDS -- BEACH ACCESS.

A BREATHING APPARATUS FOR THE FIRE DEPARTMENT OF NEARLY 30,000 DOLLARS. $200,000 FOR IMPROVEMENTS AT THE LIBRARY AND CITY HALL. CONTINUING THE RELOCATION OF UTILITIES THAT I'VE MENTIONED EARLIER.

EXPANDING THAT RELOCATION TO ( INDISCERNIBLE ) STREET THAT AND IMPROVEMENTS TO THE REC CENTER. THE USE OF IMPACT THESE WE ONLY HAVE TWO PROJECTS SCHEDULED FOR THOSE AT THIS TIME AND THAT IS CONTINUING CONSTRUCTIONAL FIRE STATION NUMBER TWO WHICH SHOULD BE COMPLETE IN THE NEXT FISCAL YEAR END CONTINUING OR MOVING FORWARD WITH THE CONSTRUCTION OF ACCESS NUMBER 16 WALKOVER WHICH IS FUNDED 50% BY A GRANT FROM THE STATE.

BEFORE YOU THIS EVENING AGAIN AS A REAFFIRMATION OF HOW WE INTEND TO ALLOCATE THE AMERICAN RESCUE PLAN FUNDS, THE CITY HAS RECEIVED APPROXIMATELY SIX BY $6 MILLION FOR THOSE FUNDS AND AS YOU PREVIOUSLY ADOPTED THOSE FUNDS ARE FOR THE FAMILIAR RIVER WATERFRONT RESILIENCY PROJECT, GOVERNMENT FACILITIES, STORMS, WASTE WATER AND WASTEWATER SERVICES INFRASTRUCTURE.

>> CAN ASK A QUESTION. >> CHAIR.

>> HEADING BACK UP THERE UNDER GOVERNMENT FACILITIES WILL $.3 MILLION, ON A PREVIOUS SLIDE, YOU HAVE THE COST FOR GOVERNMENT FACILITIES. SO WILL THAT $1.3 MILLION BEING

USED TO FUND THOSE PROJECTS? >> IT COULD BE, OR DEPENDING ON WHAT THE RESOLUTION OF THE BRENT SITUATION IS, THE FUNDS COULD BE USED FOR ADDRESSING WHATEVER THOUGHT DIRECTION IS OR OUTCOME

OF THE FACILITIES. >> SUCH AS DEMOLITION?

>> CORRECT. >> THANK YOU.

>> THIS IS THE CURRENT BUDGET CALENDAR.

AS I INDICATED ONE WEEK FROM TONIGHT YOU WILL SET THE TENTATIVE RATE AND THAT WE HAVE TWO WORKSHOPS SPECIFICALLY SCHEDULED AND THAT IS ON THE EVENING OF AUGUST 3 AND AUGUST 4. ALL OF THOSE MEETINGS, AS WELL AS THE PUBLIC HEARINGS ARE SCHEDULED AT 6:00 P.M.

SO AUGUST 3 AND FOURTH IS ONE WEEK FROM TOMORROW AND THURSDAY.

AS THE NOTES INDICATE IF MORE READINGS ARE SCHEDULED, WE DO HAVE TIME ALLOCATED FOR THOSE THE FOLLOWING EVENING.

AND THEN THE BUBBLE -- BUDGET PUBLIC HEARINGS ARE SEPTEMBER 6 AND SEPTEMBER 2010 THAT FISCAL YEAR IS SCHEDULED TO BE ON OCTOBER 1. TEN CITY MANAGER WHEN WILL YOU

PUBLISH THIS? >> IT WILL BE PUBLISHED BY THIS EVENING, AT THE EARLIEST AND FIRST THING TOMORROW MORNING.

I HAVE SHARED IT WITH MR. WICKER AND THE IT DEPARTMENT.

WE JUST NEED TO MAKE SURE IT SATISFIES ALL ADA PUBLICATIONS AND WILL BE AVAILABLE ONLINE EITHER TONIGHT AT THE CLOSE OF THIS MEETING OR FIRST THING TOMORROW.

>> YOU HAVE A PROMINENT LITTLE BOX THAT SAYS?

>> YES, AS WELL AS THE FINANCE DEPARTMENT.

>> THANK YOU. >> THANK YOU.

>> VICE MAY APPEAR. >> I SPOKE TO CITY MANAGER A LITTLE EARLIER. BEFORE WE APPROVE THIS BUDGET WE WILL HAVE THE CAPITAL IMPROVEMENT PLAN, WHICH WE DON'T HAVE. I THINK THAT IS A MAJOR CONCERN OF MINE BECAUSE WE ARE SEEING DIFFERENT NUMBERS FROM WHAT THE CONSULTANT SAID IN THE CITY SAID AND WHAT IS ON THE ( INDISCERNIBLE ) WE GET THAT STRAIGHT.

I JUST GOT THE BUDGET LAST NIGHT.

I BELIEVE ALL OF US, AND I HAVE LOOKED AT IT AND THE BUDGET WORKSHOP TO LOOK INTO DETAIL I HAVE SOME QUESTIONS BUT I WILL ADDRESS IT AT THE WORKSHOP. BUT THE PLAN, THE REAL CAPITAL PLAN IS MAKING DECISIONS ON WHAT IS UP THERE.

WITH YOUR RECOMMENDATION. >> THEY'RE WORKING ON FINALIZING A TEN YEAR IMPROVEMENT PLAN. WHAT YOU HAVE BEFORE YOU IS A

[00:20:03]

>> THE NEXT OFFICIAL MEETING IS NEXT TUESDAY, 6:00 P.M., AND ( INDISCERNIBLE ) WHAT THIS ALLOWS YOU TO DO IS YOU CAN EASILY GO LOWER THAN WHAT EVER RATE YOU SAID, TECHNICALLY YOU CAN GO HIGHER, IT IS SIGNIFICANTLY MORE COMPLICATED, AND AT LEAST IN MY TENURE I HAVE NEVER SEEN THAT HAPPEN.

FIFTEEN DAYS WILL BE THE FIRST BUDGET WORKSHOP IN FRONT OF THE CITY COMMISSION WHERE YOU CAN CONTINUE THE DISCUSSION THAT IS ON WEDNESDAY, AUGUST 3 AT 6:00 P.M. IN THE COMMISSION CHAMBERS AND THE SECOND WORKSHOP IS SCHEDULED FOR THURSDAY AUGUS.

AND THEN, WE DO HAVE TIME SLOTS SCHEDULE FOR THE FOLLOWING WEEK.

I KNOW THERE IS SOME CONCERN ABOUT BUDGET WORKSHOPS.

SO WE MAY WORK HARD ON NEXT WEDNESDAY AND THURSDAY TO COME TO THE BEST RESOLUTION. BUT THE PUBLIC HEARINGS ARE THE TWO MEETINGS IN SEPTEMBER'S. SEPTEMBER 6 AND SEPTEMBER 20.

AT THE SEPTEMBER 20 MEETING YOU WILL BE PRESENTED IN CONSIDERED FORMAL -- FORMER FORMAL ADOPTION FOR THE NEXT SCHEDULE.

>> WILL YOU INCLUDE THAT. >> YES.

>> FOR ANY ADDITIONAL? SEEING NONE.

THANK YOU. >> ALL RIGHT ITEM FIVE PUBLIC COMMENT. REGARDING ITEMS NOT ON THE AGENDA OR ITEMS ON THE CONSENT AGENDA.

I DO HAVE A REQUEST TO SPEAK BUT THEY ARE FOR ITEMS ON THE AGENDA. IS THERE ANYONE WHO WANT TO MAKE PUBLIC COMMENT FOR AN ITEM NOT ON THE AGENDA.

[6.1 (Quasi-Judicial) ROADWAY STANDARDS VARIANCE REQUEST - 1920, 1924, 1944, AND 1952 1ST AVENUE ]

SIX-POINT ONE. QUASIJUDICIAL HEARING ON THE ROADWAY STANDARDS VARIANCE REQUEST.

>> GOOD EVENING, HARRISON I'M HERE BEFORE YOU TONIGHT FOR THIS ITEM ON THE AGENDA TO REPRESENT THE COMMISSION.

MS. BLOCH WILL BE REPRESENTING STAFF.

A FEW DIFFERENT THINGS WITH THIS ONE.

BECAUSE OF CHAPTER SEVEN, THEY GO DIRECTLY TO THE COMMISSION THAT IS WHY IT IS HERE. THIS WILL BE A QUASIJUDICIAL PROCEEDING THAT MEANS WE WILL BE TAKING EVIDENCE.

ANYONE TESTIFYING OR OFFERING EVIDENCE WILL BE SWORN IN.

WE WILL START FIRST WITH CITY STAFF WHO WILL PRESENT THEIR REPORT AND THE APPLICANT WILL HAVE AN OPPORTUNITY TO ALSO PRESENT THEIR CASE AND ANY EVIDENCE OR DOCUMENTS SUCH AS PHOTOGRAPHS OR OTHER TYPES OF EVIDENCE.

EACH PARTY THAT IS CITY STAFF OR THE APPLICANT WILL HAVE THE CHANCE TO TALK TO EACH OTHER AND ANYONE PROVIDING TESTIMONY.

>> ANY REQUESTS TO SPEAK OR SWORN IN?

>> AND ANYONE WHO WILL BE TESTIFYING OR HAVING INPUT ON THE AGENDA WILL BE SWORN IN BY THE CITY CLERK.

>> ANY QUESTION OR COMMENT? YOU HAVE THE FLOOR.

>> WINDOW WE DO EXPECT THAT COMMUNICATIONS.

I WAS GOING TO EXPLAIN THIS PART OF IT.

WE WILL HAVE 30 DAYS FROM WHEN THE FINAL ORDER IS SIGNED BY THE MAYOR AND THAT WILL GO TO THE CIRCUIT COURT.

THIS ANYONE HAVE ANY QUESTIONS ABOUT THE QUASIJUDICIAL

PROCEEDINGS? >> I'M NOT CERTAIN IF IT IS CLEAR THAT YOU NEEDED TO FILL THIS OUT BUT I DO HAVE PEOPLE

SPEAKING OUT ON THIS ISSUE. >> MR. MAYOR, I'M SURE YOU WOULD WE WOULD REQUEST YOU FILL OUT THE FORM BUT WE WILL GIVE AN OPPORTUNITY IF THERE IS A STRIKE IF THERE'S ANYONE ELSE.

>> PROCEDURALLY BE LIKE TO SPEAK YOU MAY COME AND BE SWORN IN.

AFTER YOU SPEAK, THEN PLEASE GO OUT AND FILL OUT THE FORM FOR

[00:25:02]

AND WHEN YOU DO COME UP TO SPEAK BE SURE TO CLEARLY STATE INTO THE MICROPHONE ANNOUNCER NAME AND ADDRESS BEFORE YOU BEGAN.

AT THIS POINT WE WOULD ASK ANY OF THE COMMISSIONERS TO DISCLOSE ANY EXPERTS A COMMUNICATION SPIRIT COMMISSIONERS AND

COMMISSIONER ON. >> HAVE SPOKEN WITH THE CITY MANAGER ABOUT THIS. MOST OF THE CONVERSATIONS OCCURRED PRIOR TO THIS BECOMING A VARIANCE ISSUE.

THE SPECIAL ED TO DO WITH WHAT WAS IN THE APPLICATION WITH CITY STAFF REQUIREMENTS FOR AND THE OPTIONS TO EGRESS IN THIS.

PRIOR TO THE VARIANCE. I SPOKE ABOUT THE INGRES AND EGRESS ISSUE. CITY ENGINEER WITH THE SAME ISSUES I WAS AT THAT T GILLASPIE MEETING WHERE THIS WAS ORIGINALLY PROPOSED AND I PERSONALLY VISITED THE SITE.

OTHER THAN THAT, I DIDN'T DO MUCH.

>> MR. STURGIS. >> I ONLY SPOKE TO THE CITY STAFF, CITY MANAGER AND CITY ATTORNEY ONLY AFTER THIS BECAME

A VARIANCE CASE. >> I HAVE BEEN TO THE SITE AS WELL. I THINK THIS COUNTS AS AN X PARTAKE COMMUNICATION BECAUSE THEY WERE ALL INCLUDED ON THE E-MAIL. I WILL REFERENCE THAT AS WELL.

>> COMMISSIONER ROSS. >> MY UNDERSTANDING IS EXPERT TO COMMUNICATIONS ONLY UP TO DO WITH PARTIES INVOLVED AND THAT WOULD NOT BE APPROPRIATE, IS THAT CORRECT? THAT IS OTHER COMMUNICATIONS BUT THOSE ARE THE ONES WITH THE

PARTIES INVOLVED. >> THANK YOU.

>> BRIEFLY WITH CITY STAFF, I ACTUALLY READ THE DOCUMENTS.

AND HAVE BENCHING THE SITES. >> HAVE HAD CONVERSATIONS WITH THE CITY MANAGER AND THE CITY ATTORNEY ABOUT THE REQUESTS.

WHAT THEY WERE REQUESTING ON WHY.

HAVE ALSO BEEN TO THE SITE. >> ONE OTHER PROCEDURAL VERIFICATION IS MY UNDERSTANDING THE APPLICANT AND STAFF AGREED THAT SINCE THIS IS A VARIANCE THAT HONORS CHAPTER SEVEN AND NOT FROM CHAPTER NINE, A MAJORITY ARE REQUIRED ( INDISCERNIBLE ) THAT WE WOULD TYPICALLY SEE.

SO JUST TO EXPLAIN THAT PROCEDURAL ASPECT OF IT.

>> DID THE MAYOR ANY COMMISSIONERS HAVE ANY QUESTIONS

AT THIS TIME? >> NEXT STEP.

>> THE NEXT STEP WE WILL CALL THE CASE AND ALLOW STAFF TO PRESENT IT AND WE WILL HAVE THE WITNESSES SWORN IN.

>> WE WILL START THE QUASIJUDICIAL HEARING.

I THINK THE FIRST ORDER OF BUSINESS IS SWEARING IN WITNESSES. SO ANYONE WHO WISHES TO SPEAK, PLEASE STAND. OKAY.

AND CITY CLERK WILL ADMINISTER THE OATH.

>> IF YOU RAISE YOUR RIGHT HANDS DO YOU SWEAR AND AFFIRM TO THE STATEMENT YOU ARE GOING TO PRESENT TO THIS COMMISSION WILL

BE TRUTHFUL AND ACCURATE. >> I DO.

>> CITY ATTORNEY. >> TAMMY CITY ATTORNEY FOR THE CITY OF FERNANDINA BEACH. MY MAILING ADDRESS IS 204 ASH STREET MAMA OFFICES THAT ( INDISCERNIBLE ).

AND I AM. TO PRESENT THE CASE AND THE REASON I LIKE TO EXPLAIN TO CITY COMMISSIONS AND THE PUBLIC NORMALLY YOU SEE ME REPRESENTING THE CITY COMMISSION AND I WOULD HAVE HAD I NOT GOT INVOLVED IN ASKING QUESTIONS AS THEY WENT THROUGH, ONCE THAT HAPPENS HAS A CONFLICT OF INFORMATION -- INTEREST THE CITIES AND THE COMMISSION SITS AS JUDGES WORK THAT IS WHY HE IS HERE TO REPRESENT THE PROCEDURES.

SO FIRST ORDER OF BUSINESS, MS. TAYLOR HART MEANT IS GOING TO TESTIFY. I'M CALLING AS A WITNESS.

THE HEARING AS YOU KNOW AND I HAVE BEEN INSTRUCTING YOU BEFORE

[00:30:01]

THERE MAY BE HEARSAY EVIDENCE THAT YOU HERE THAT IS APPROPRIATE AND UNLIKE COURT OF LAW THAT IS NOT OBJECTIONABLE AND I WILL DO A LITTLE ARGUMENT 1ST AND THAT IS TO SAY TONIGHT YOUR DECISION IS TO BE BASED ON COMPETENCE AND SUBSTANTIAL EVIDENCE. WHAT THAT MEANS, LAYPERSON TESTIMONY OR OPINIONS SUCH AS I LIKE THIS IDEA DON'T LIKE THIS IDEA UNLESS THEY HAVE SOME EXPERTISE IN WHAT THEY ARE TALKING ABOUT AND THEY SAY THAT ON THE RECORD UNDER OATH THEY ARE CONSIDERED LAY WITNESSES. I SAY MY NEXT WITNESSES AND EXPERT WITNESS. AND I AM GOING TO ASK MS. HARTMAN, WOULD YOU PLEASE STATE YOUR FULL NAME FOR THE

RECORD. >> TAYLOR HART MEANT.

>> WHERE YOU EMPLOYED? ANSWER CITY OF FERNANDINA BEACH.

>> EVERYBODY SIT UP EXCEPT TAYLOR.

SHE RAISED HER HAND. >> I SAW HER RAISING HAND.

>> YOU KNOW WHAT, YOU'RE RIGHT. PLEASE PROCEED.

>> PLEASE ALWAYS STOP IF YOU HAVE QUESTIONS.

ESPECIALLY PROCEDURAL ONES. >> WHERE YOU EMPLOYED?

DENSITY OF FERNANDINA BEACH. >> HOW ARE YOU CONNECTED TO THIS CASE? CAN YOU JUST EXPLAIN BRIEFLY.

>> I WORK AS A CITY PLANNER FOR THE CONSERVATION DEPARTMENT.

WAS THE WHEN WE DO HAVE HEARINGS WITH THE BOARD OF ADJUSTMENT CITY STAFF MAKE A PRESENTATION. SULFATE PLEASE THE CITY COMMISSION I WENT ASK PATMOS APARTMENT PLEASE PROVIDE THE EVIDENCE AND YOUR FINDINGS IN THIS CASE BASED UPON THE VARIANCE APPLICATION. I WOULD SUBMIT WITH NO OBJECTIONS THAT THE VARIANCE APPLICATION ALL MATERIALS UPLOADED TO THE CITY COMMISSION AGENDA AND AVAILABLE TO THE PUBLIC FOR WEEK ARE PART OF THE PERMANENT RECORD IN THIS CASE AS IT IS THE SAP REPORT AND THE PRESENTATION THAT MS. APARTMENT IS ABOUT TO GIVE. THANK YOU.

>> GOOD EVENING. THIS IS CASE NUMBER 2022 -- 0014. THE APPLICANT AND PROPERTY OWNER, FOR THE RECORD ALL REQUIRED APPLICATION MATERIALS HAVE BEEN RECEIVED. ALL FEES HAVE BEEN PAID AND ALL REQUIRED NOTICES HAVE BEEN MADE. THE SUBJECT PROPERTIES ARE ORIGINALLY PART OF ABOUT 14 UNIT DEVELOPMENT PLAN THAT WAS APPROVED BY THE CITY IN 1984. THE FIRST SEVEN TOWNHOMES ON FLETCHER AVENUE WERE SUCCESSFULLY CONSTRUCTED FOR THE REMAINDER OF THE PROJECT WAS NEVER INITIATED.

THE TWO WESTERN PARCELS SITTING BETWEEN FIRST AVENUE AND THE NEWLY DEVELOPED TOWNHOMES WERE SOLD OFF.

THE SOUTHERN PORTION OF FIRST AVENUE REMAINED A RIGHT OF WAY AND THERE'S NEVER BEEN INTENT TO DEVELOP IT HAS EVIDENCE BY AN ACCESS EASEMENT THAT WAS BRIEFLY RECORDED IN 20'S RATE PROVIDING INGRESS AND EGRESS FOR THE SUBJECT PROPERTIES.

IN EARLY 2021 A PREVIOUS OWNER APPLIED TO SUBDIVIDE THE LOT AND UPON APPROVAL RESULTED IN THE FOUR LOTS THAT EXIST TODAY.

THE APPLICANT IS AWARE OF AND ACKNOWLEDGES THE EXISTING ACCESS. STAFF HAS NOT RECEIVED DOCUMENTATION OR PLANS DEMONSTRATING IT SHE'S INDICATING ANY HARDSHIP IS SELF-IMPOSED AND VARIANCES DUE TO ECONOMIC CONSIDERATIONS. THE APPLICANT IS REQUESTING A TOTAL OF FIVE VARIANCE TO DEVIATE FROM THE CITY STANDARDS TO EXPAND FIRST AVENUE BY APPROXIMATELY 200 FEET FROM WHERE IT DEAD ENDS. THE REQUESTED ACTIONS INCLUDE REDUCING THE REQUIRED EASEMENT WITH 20 FEET BACK TO 14 FEET A CHANGE FROM A MIAMI STYLE CURB AND GUTTER TO A ( INDISCERNIBLE ) ON EACH SIDE OF THE ROADWAY. ELIMINATING THE REQUIREMENT FOR A STRIPE ALONG THE ROADWAY, ELIMINATING THE REQUIREMENT FOR A DEAD IN LONGER THAN 150 FEET TO HAVE A TURNAROUND AND A CHANGE FROM THE ASPHALT ROADWAY CEREAL TO THE SURFACE.

IT IS IMPORTANT TO NOTE THE GUIDELINES PROVIDED BY THE FIRE MARSHAL OF NEARLY CONSTRUCTED SINGLE LANE ROADWAYS AND 14 INCH WIDTH IS REQUIRED. CONVERT EXISTING SINGLE LANE ROADWAYS 12 FEET CURRENT -- MEET CURRENT STANDARDS AND DO NOT

[00:35:06]

THERE IS A BOUNDARY SURVEY INDICATING THE EASEMENT.

IDENTIFYING THIS IS AN AERIAL VIEW AS IT EXISTS TODAY IN RED.

THIS WAS SUBMITTED AS THE PROPOSED PLAN AND IMPROVED TURNAROUND. ( INDISCERNIBLE )'S EASEMENT HAS BEEN IN PLACE SINCE 2008 AND BECAUSE OF IT, THE APPLICANT WOULD NOT NECESSARILY BE REQUIRED TO DEVELOP FIRST AVENUE ADULT LEAVING A LARGE SYSTEM AND TREE CANOPY UNTOUCHED.

THE PROPERTIES CAN DEVELOP AS ORIGINALLY INTENDED BENEFIT OF THIS EASEMENT THIS IS A SPECIAL PRIVILEGE AND I.

ALL PROPERTY OWNERS WANTED TO DEVELOP LAND WITHIN THE COASTAL PROTECTION ZONE, MUST COMPLY WITH SECTION 3.01.02 WHICH PROHIBITS THE DISTURBANCE OF TOPOGRAPHY OR VEGETATION SO THE SYSTEM BECOMES UNSTABLE OR SUFFERS CATASTROPHIC FAILURE.

THE APPLICANT SUBMITTED PROPOSALS CONDITIONS WITH THE SINGLE LANE ROADWAY AND DRIVEWAYS HEADING THROUGH THE SYSTEM AND THE MATURE TREE CANOPY THROUGH MATURE ACCESS PROVIDED THROUGH BENEFIT OF THE RECORDED EASEMENT.

RELIANCE ON THE EASEMENT WOULD GREATLY REDUCE THE DEVELOPMENT IMPACT BY AVOIDING REMOVAL OF THE NATURAL VEGETATION, CANOPY AND GRADING OF THE TOPOGRAPHY AMONG THE FIRST AVENUE RIGHT-OF-WAY. LITERAL INTERPRETATION OF THE LDC WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS WITHIN THE ZONING DISTRICT. ANY PROPERTY OWNER LOOKING TO DEVELOP A PARCEL WITHOUT REASONABLE ACCESS OR ADEQUATE PUBLIC RIGHT-OF-WAY WITH WOULD BE REQUIRED TO CONSTRUCT THE ROADWAY TO MEET CURRENT STANDARDS.

HOWEVER, BECAUSE OF REASONABLE ACCESS PROVIDED THROUGH THE EASEMENT APPLICANT'S DEVELOPMENT DOES NOT RELY ON FIRST AVENUE FOR INGRESS AND EGRESS. ADDITIONALLY THE APPLICANT HAS NOT PROVIDED ANY EVIDENCE TO INDICATE THEY HAVE PURSUED THE RIGHT TO USE THIS ACCESS AND DENIED THE RIGHT.

THE REQUESTED DEVIATIONS ARE NOT THE MINIMUM NEEDED TO MAKE POSSIBLE USE OF THE LANTERN DUE TO THE ACCESS EASEMENT THAT HAS BEEN IN PLACE SINCE 2008, DEVELOPMENT OF THIS PORTION OF THE RIGHT-OF-WAY IS NOT NECESSARY.

THE APPLICANT SHOULD SEEK TO MAKE OVERALL SITE IMPROVEMENTS THAT ANTICIPATE THE DEVELOPMENT AND AVOID ANY IMPACT WITHIN THE FIRST AVENUE RIGHT-OF-WAY. GRANTING OF THE VARIANCE WILL NOT BE IN HARMONY WITH THE GENERAL INTENT OR PURPOSE OF THE LAND DEVELOPMENT CODE AND CONFERENCING PLAN.

THE INTENT OF BOTH IS TO BALANCE THE INTERESTS OF THE GENERAL PUBLIC WITH INDIVIDUAL PROPERTY OWNERS AS WELL AS PROTECT AND

[00:40:01]

THE PROPOSED REQUEST WILL HAVE A SIGNIFICANT EFFECT ON THE EXISTING DUNE SYSTEM, AND IMPERVIOUS COVERAGE WHEN IT IS UNNECESSARY DUE TO THE EXISTING EASEMENT THAT INTENDED TO UNIFY THE FUTURE DEVELOPMENT OF THESE PARCELS.

AND GRANTING THE VARIANCE IS NOT COMPATIBLE WITH THE SURROUNDING PROPERTIES. WILL CAUSE INJURY TO THE AREA DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, WELFARE AND ENVIRONMENT. THE APPLICANT STATED THE PROPOSED SUBSTANDARD ROADWAY WILL ACT AS A DRIVEWAY SERVING ONLY THE FOUR PARCELS. ADDITIONALLY THE SUBJECT PROPERTIES ARE ZONED R3 ON THE HOMES TO ( INDISCERNIBLE ) THE POTENTIAL ADDITIONAL FLOW OF VEHICLES ON AN UNIMPROVED ROAD IS IN CONFLICT WITH PUBLIC HEALTH AND SAFETY.

FURTHERMORE, THE PROPOSED ROADWAY SURFACE MATERIALS ONLY PERMISSIBLE IN OLD TOWN DUE TO HIS HISTORICAL AUTHENTICITY AND CLASSIFIED AS AN IMPERVIOUS SURFACE.

NO SIDEWALKS ARE DEEMED PROVIDED FOR PEDESTRIAN SAFETY, IT IS ALSO IMPORTANT TO NOTE THE SUBJECT PROPERTIES ARE ONLY REGISTERED 7 FEET ( INDISCERNIBLE ) OF THE CONSTRUCTIONAL CONTROL LINE WHICH PUTS THEM WITHIN THE ( INDISCERNIBLE ). THE APPLICANT PROPOSED CONDITION VIOLATES SECTION BY CAUSING CATASTROPHIC DESTRUCTION TO THE EXISTING TOON SYSTEM. STAFF FINDS THAT THE REQUESTED ACTION AS PRESENTED DOES NOT MEET ALL SIX CRITERIA AND AS SUCH MUST RECOMMEND DENIAL. THANK YOU AND I WILL BE HAPPY TO

ANSWER ANY QUESTIONS. >> COMMISSIONERS, ANY QUESTIONS?

COMMISSIONER BEAN. >> TO MAKE SURE I'M CLEAR ON THE RULES ON HOW YOU WOULD GRANT APPROVAL.

IT MUST MEET ALL SIX, IS THAT CORRECT? SO IF IT FAILS ONE THAT IS WHEN YOU RECOMMEND DENIAL,.

>> CORRECT. >> ANY OTHER QUESTIONS.

COMMISSIONER ROSS. >> TO GET A VARIANT JEFF TO MEET

ALL SIX REQUIREMENTS. >> IS CORRECT.

>> AT THIS TIME I DON'T HAVE ANY OTHER WITNESSES.

WHEN I REVIEWED THE RULES OF THE QUASIJUDICIAL HEARINGS AS THE CITY AND THE APPLICANT CAN RESERVE TIME FOR A BOTTLE AND I WOULD LIKE TO DO THAT WITHOUT WAIVING IT AT THIS TIME.

>> NAME AND ADDRESS FOR THE RECORD?

>> DAN. THE OWNER OF CENTER STREET.

GIVE YOU A LITTLE HISTORY OF HOW WE GOT HERE, BEFORE WE GOT INTO THE STAFF REPORT. IT IS AN UPHILL BATTLE.

SO FIRST, WE PURCHASED THE PROPERTY KNOWING WE HAVE AN EASEMENT. AND AROUND NOVEMBER, PRIOR TO PURCHASING THE PROPERTY WE KNOW THAT A LETTER WAS SENT TO US VIA CERTIFIED MAIL ALONG WITH CITY STAFF AND THE CITY ATTORNEY.

I HAVE GIVEN THE CITY ATTORNEY A COPY AS A REMINDER AS SHE HAS STATED, WE CAN'T GIVE IT OUT AS EVIDENCE HERE BECAUSE I DON'T HAVE THE AUTHOR OF THAT LETTER. BUT IN THAT LETTER, I WILL SPEAK TO IT. THERE WAS ARGUMENT BY THE MIRAMAR TOWNHOUSE CONDO ASSOCIATION STATING THAT WE DON'T HAVE ACCESS THROUGH THEIR PROPERTY FOR CONSTRUCTION OR ACCESS. WE STILL BELIEVE THEY DO BUT WE WERE CONTENDING THEY DO NOT. IF YOU LOOK AT THE AERIAL, CAN I

ACTIVATE THIS COMPUTER? >> ALASKA LEGAL QUESTION? YOU SAID, YOU CANNOT INTRODUCE THE LETTER BECAUSE I DON'T KNOW

THE AUTHOR? >> THE AUTHORS NOT HERE.

>> THE AUTHORS NOT HERE. >> ONE OF THE THINGS I MENTIONED BEFORE IT STARTED THAT IS EVE -- IF YOU WANTED TO OPERATE.

THINK IT IS A MATTER OF PROVING WHAT IS IN THE LETTERS TRUE BUT

[00:45:07]

EXPLAINING THE CIRCUMSTANCES. >> I WILL GIVE IT TO YOU IF YOU

TAKE IT WITH A GRAIN OF SALT. >> IT IS DISGUSTING, BUT AT

LEAST IT WAS SENT. >> I DON'T YOU GIVE US A MOMENT

TO REVIEW THE LETTER. >> WE KNEW THAT IF WE WERE TO

DEVELOP OUR PARCEL. >> AT THAT TIME WE WERE SO FROM THE FIRE MARSHAL OR FIRED SHE THAT WE NEEDED 14 FEET IF NOT MORE AND OTHER ITEMS, SO AT THAT POINT, THAT IS WHEN WE STARTED LOOKING AT OPENING FIRST AVENUE FOR ACCESS TO THE PARCELS TO BE ABLE TO BUILD. AT THAT POINT WE MET WITH CITY STAFF TO FIGURE OUT THE LEASE IMPACT TO GIVE ACCESS TO THE PARCELS. WHILE SAVING THE DUNE AS MUCH AS POSSIBLE. THAT IS WHERE WE CAME UP WITH THE VARIANCES. THIS IMPACTS MORTUARIES AND THE DUNE SYSTEM AND OFFICIALLY SINCE WE ARE LONGER THAN 200 FEET WE HAD TO PUT A CUL-DE-SAC. WE WANTED TO SEE HOW TO PROVIDE ACCESS WHEN WE WERE TOLD THE FIRE MARSHAL NEEDED 14 FEET OR MORE. SO THEN WE STARTED THIS WHOLE PROCESS. WE DESIGNED A.

WE BONDED UP TO YOU. I WAS ABLE TO PUT THE ENGINEERING PLANS TO GATHER. AS YOU SEE, IS POSSIBLE TO BE CONSTRUCTED WITHOUT DESTROYING DOESN'T -- DUNE SYSTEM.

AND THE REASON WE USE THIS IS BECAUSE YES IT IS IMPERVIOUS AND WE EXPECTED THAT, HOWEVER IT IS BETTER FOR THE ENVIRONMENT IF WE WERE TO BUILD THIS. IT WAS ANOTHER ATTEMPT TO MINIMIZE THE IMPACT AND GAIN ACCESS.

SO, THAT BRINGS US TO THEN WE MAY THE APPLICATION.

I SEE MS. HARTMAN HAS RECOMMENDED DENIAL ON ALL SIX MOTIONS. IT APPEARS IN EVERY SINGLE MOTION SHE RECOMMENDED, SO SPECIAL CONDITION ONE, AND I HAVE HIGHLIGHTED IT HERE BUT UNDER SPECIAL CONDITIONS IT STATES THE SUBJECT PROPERTIES AS AN INGRESS AND EGRESS AND ALLOWS FOR PEDESTRIAN AND UTILITY ACCESS UNDER SPECIAL CONDITION, STAFF STATES REASONABLE ACCESS IS ALREADY PROVIDED.

NUMBER THREE, IT STATES THAT AGAIN THE REASONABLE ACCESS IS ALREADY PROVIDED AND THAT IS ONE OF THE STRONGER WAYS OF JUSTIFICATION FOR THE DENIAL UNDER GENERAL HARMONY THOUGH VARIANCE IS UNNECESSARY BECAUSE OF LEGAL ACCESS.

THE APPLICANT ALREADY HAS A DEDICATED ACCESS AND MUST RELY ON FAVORITES OF THE ALLIANCE. IN THE PAST DISCUSSIONS WITH MIRAMAR TOWNHOMES THEY HAVE STATED THEY DO NOT BELIEVE WE

[00:50:02]

THEY HAVE THREATENED A LAWSUIT AND YOU AND YOUR CONTRACTORS OR ANY ENTITY ON YOUR BEHALF ARE TO SEASON THE SEES ANY UNAUTHORIZED USE OF THE PROPERTY OF MIRAMAR BEACH TOWNHOME FOR CONSTRUCTION OR ANY OTHER PURPOSE. THE ATTORNEY SENT THE LETTER TO US AS WELL AS TO TAMMY BY CERTIFIED MAIL.

AND THAT IS THE COPY YOU SEE THERE.

SO, BEFORE WE GET INTO ANY OF THE VARIANCES.

MY QUESTION IS, IT IS ASKING AFTER RESEARCHING THIS PROJECT FOR THE PREPARATION OF THE STAFF REPORT, CAN CITY STAFF RESTATE AND AGREED THAT THE 12-FOOT WIDE EASEMENT ON THE NORTH, WEST AND SOUTH SIDE OF THE TOWNHOME CONDO IS ALL OF THE EXCESS REQUIRED FOR THE FOUR LOTS TO THE FULLEST EXTENT.

I GUESS I WILL ASK THAT TO YOU TAYLOR.

IS THE ACCESS WE HAVE AFTER THE RESEARCH WE HAVE DONE, IS THAT

ALL WE NEED TO DEVELOP THE LOTS. >> I CAN'T SPEAK TO WHAT IT MEANS FOR THE DEVELOPERS BUT THIS EASEMENT HAS BEEN IN PLACE SINCE 2008 AND IT WAS NEVER THE INTENT SO YES, STAFF DOES BELIEVE IT IS REASONABLE ACCESS WHICH WILL ALLOW YOU TO DEVELOP.

>> CAN USE STANK, OR MAYBE YOU HAVE MET WITH THE FIRE MARSHA THAT THIS MEETS ALL REQUIREMENT AND NO ADDITIONAL RESTRICTIONS

ARE TO BE PLACED -- >> I CAN'T SPEAK THAT I'VE HAD MANY QUESTIONS WITH THE FIRE MARSHAL AND I HAVE RESEARCHED EVERY SINGLE WAY, ROADWAYS, 12 FEET DOES NOT HAVE ANY LIFE SAFETY CONCERNS WITH REGARDS TO EMERGENCY ACCESS TO THE FOUR

PARCELS. >> OKAY, THANK YOU.

CAN YOU STATE THAT NO SIDEWALKS OR OTHER IMPROVEMENTS WILL BE REQUIRED ON FIRST AVENUE. THE REASON I ASK, WHEN WE CAME TO OUR PRELIMINARY SITE PLAN REVIEW, SOME OF THE CITY STAFF WANTED US TO BUILD A SIDEWALL PATHWAY ON FIRST AVENUE TO ACCESS THE AND CUL-DE-SAC. IF WERE NOT GOING TO OPEN THE ROAD I WOULD ASSUME WE WOULD KEEP IT NATURAL.

DO YOU BELIEVE WE NEED TO BUILD DOWN.

>> I CAN'T TALK ABOUT OTHER CONVERSATIONS, I'M NOT SURE WHY THERE WOULD NEED TO BE A SIDEWALK IF WERE NOT IMPROVING

-- >> THAT WAS A REALLY BIG DEAL.

>> ANOTHER BIG ISSUE, WAS GARBAGE PICKUP.

THEY WANTED GARBAGE PICKUP AT ONE POINT -- THEY WANTED GARBAGE -- GARBAGE PICKUP TO BE HERE AT THE END OF THE CUL-DE-SAC.

THE EXISTING CUL-DE-SAC. THEY WANTED US TO BUILD A SIDEWALK AND HAVE GARBAGE PICKUP HERE I WOULD PROPOSE THAT GARBAGE PICKUP, BECAUSE CURRENTLY, THERE'S MORE TOWNHOMES THERE'S INDIVIDUAL GARBAGE CANS, AND I WOULD WANT TO PUT OUR GARBAGE PICKUP THERE INSTEAD OF A PATHWAY TO FOURTH

AVENUE. >> TRULY, WE WOULD HOPE THAT IF WE DON'T OPEN FIRST AVENUE AND WE DO ACCESS THROUGH THE TOWNHOMES WE USE THIS ACCESS POINT.

NO OFF-SITE IMPROVEMENTS ARE REQUIRED.

NO ROADWAY OR OTHER THINGS HAVE TO HAPPEN FOR US TO BUILD

TOWNHOMES. >> I HAVE NOT SEEN A MOCKUP USING THAT. BUT AS FAR AS DEVELOPING, YOU WOULD BE ALLOWED TO DEVELOP DWELLINGS ON THAT PROPERTY.

[00:55:01]

>> THE EASEMENT YOU'VE LOOKED AT AN ENVELOPE TAMMY LOOKED AT IT, ALLOWS FOR VEHICLE, UTILITY OR CONSTRUCTION ACCESS TO THE

PARCEL. >> BASED ON MY READINGS OF THE

DOCUMENTS, THERE IS NO DOUBT. >> WELL BASED UPON THAT, WE WOULD ACCEPT STAFFS RECOMMENDATION FOR DENIAL BECAUSE THE WHOLE INTENT AND THE REASON WE STARTED COMING BEFORE YOU, WE WERE GIVEN A SLIGHTLY DIFFERENT INFORMATION WHEN IT CAME TO THE FIRE MARSHAL HERE AS SOON AS WE WERE SO YOU MUST HAVE A 14-FOOT ACCESS. YOU MUST HAVE THIS FOR LIFE SAFETY. AT THAT POINT, FIRST AVENUE MUST BE OPEN FOR THESE LOTS. IF THAT IS NOT THE CASE, WE ARE ABSOLUTELY FINE, AS LONG AS WE KNOW THE CITY HAS LOOKED AT OUR EASEMENT, AGREES THAT IF WE WANTED TO PULL A BUILDING PERMIT RIGHT NOW WE WOULD GIVE BUILDING PLANS AND FOLLOW YOUR RULES BUT WE -- I WOULD NOT ASSUME WE HAVE TO GO THROUGH SITE PLAN REVIEW.

>> I'M SAYING ON THE CONSERVATIVE SIDE I DON'T REPRESENT THEM BUT YOU HAVEN'T SHOWN A MOCKUP YOUR ACCESS FROM THESE TWO EASEMENT ACCESS. RIGHT NOW YOU HAVE THIS PARKING

BACK HERE. >> SO I ASSUME THIS WOULD BE SOMETHING LIKE THIS. THESE GUYS WOULD HAVE TO MOVE THERE BECAUSE OUTSIDE OF THE 12 FLUID EASEMENT THAT WE HAVE TO

ACCESS THAT. >> THAT IS JUST.

OUR SITE PLAN REVIEW WOULD REQUIRE WE HAVE THE SAME PLAN.

I'M TALKING ABOUT CITY STAFF AND THERE WOULD HAVE TO BE RECONFIGURATION OF THE PARKING LOT.

THOSE PARKING SPACES WOULD BE CHANGED, BOWL PARKING AND WHERE THE DUMPSTER ENCLOSURE IS WOULD HAVE TO BE CHANGED.

>> THE CITY DOES NOT GET INVOLVED IN THAT PART.

>> BUT SOME ME IF YOU CAN HEAR THIS.

THE CITY AGREES, THE CITY STAFF AND YOUR ANALYSIS OF THE EASEMENT WOULD NOT HAVE ANY CAUSE FOR PAUSE THAT WE HAVE LEGAL ACCESS AND WE JUST HAVE TO DEAL WITH THESE AND WE HAVE TO BUILD LIKE WE DO AND GOING THROUGH THE SITE PLAN REVIEW.

>> I'M GOING TO GIVE YOU SOME HELP.

>> THANK YOU. >> IF I CAN IMPOSE YOU ARE CONSENTING TO THE DENIAL OF THE APPLICATION WOULD YOU (

INDISCERNIBLE ). >> I THINK THAT WOULD BE BEST.

THANK YOU VERY MUCH IF FOR SOME REASON, WE FIND OUT IN A COURT OF LAW THAT THE MIRAMAR TOWNHOMES SAY YOU DON'T HAVE ACCESS, WE WANT TO COME BEFORE YOU.

>> IF IS DENIED YOU ARE PROHIBITED --

>> I CAN TELL YOU, ALL OF YOU MAY WANT TO SPEAK HERE.

>> HAVE A QUESTION. >> THE LETTER YOU GAVE US FROM

SEPTEMBER,. >> WE DID PRETTY STRONGLY.

WE BELIEVE JEWS CITY STAFF. >> I JUST WANTED TO KNOW.

>> WE RESPONDED STRONGLY. >> ARE YOU WITHDRAWING YOUR

APPLICATION? >> FOR THE RECORD, I WILL WITHDRAW OUR APPLICATION FOR THIS.

>> THANK YOU, SIR. >>

>> THE WHOLE INCIDENT OF ALL OF THIS IS TO CREATE THE MINIMAL IMPACT TO GIVE US ACCESS TO WHAT WE ARE TRYING TO DO.

[7. CONSENT AGENDA]

[01:00:03]

>> THEN THIS MATTER IS CLOSED. >> ITEM SEVEN, THE CONSENT AGENDA. DOES ANYONE --

>> I BELIEVE SHE WILL NOW RESUME THE NORMAL ROLE.

THANK YOU ALL. HAVE A WONDERFUL EVENING.

>> YOU WANT TO PULL THIS ITEM. >> I MOVED TO APPROVE THE

REMAINDER. >> APPLE MOTION AND A SECOND PERIOD MADAME CLERK, PLEASE CALL THE VOTE.

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

[7.2 AWARD OF ITB 22-14 - GATE FUEL SERVICE, INC. .]

ITEM SOME POINT TO. >> I WILL RECOMMEND APPROVAL.

DO I HAVE A SECOND? >> DISCUSSION.

>> IT WAS NOT THE LOWEST BID. I TALKED TO JEREMIAH.

THE JUSTIFICATION WAS SIGNIFICANT.

OASIS IS HERE. >> OASIS GENERAL MANAGER ALBERT JUSTIFICATION WE HAD TO BE EXACT CAME BACK, THEY DID INDEED COME IN A LITTLE LOWER ON THEIR MARGINAL MARKUP.

IT WAS THREE AND A HALF ON THE DIESEL.

LOOKING AT THAT WE DIDN'T REACH OUT TO PETROLEUM TRAILERS THEY ARE BASED OUT OF INDIANA LOOKING FOR CLASSIC -- CLASSIFICATION.

WE DO HAVE HIGH-VOLUME AND SOMETIMES PRETTY QUICK TURNAROUND. THEY ARE ALREADY USING THIRD-PARTY TRUCKS. THEY SAID THEY WOULD MEET A TONE OF -- MINIMUM 24 HOURS TO MEET OUR NEEDS.

WE'VE HAD A TURN AROUND IN LESS THAN 12 HOURS WHICH IS SIGNIFICANT WHEN WE CONSIDER. FOR THAT REASON THE DIFFERENCE

CAN BE ADJUSTED IN OUR MARKUP. >> ANY OF THE DISCUSSIONS? SEE NONE. MADAME CLERK, PLEASE CALL THE VOTE. (ROLL CALL).

[8.1 VOLUNTARY ANNEXATION AGREEMENT - 414 CASHEN ROAD - RESOLUTION 2022-128]

>> MOTION PASSES 5-0. RESOLUTIONS.

A .1, VOLUNTARY ANNEXATION AGREEMENT.

>> I MOVED TO APPROVE. AT.

>> OF MOTION IN A SECOND PERIOD THIS IS DUE TO A FAILING SEPTIC SYSTEM. THIS WILL GENERATE VICE MAYOR KRIEGER'S PREVIOUS REQUEST. WHEN THEY ANNEXED INTO THE CITY WOULD GENERATE $600 OF ADDITIONAL REVENUE.

BASED UPON THE CURRENT FACTORS TODAY.

UNTIL THEN, THEY WILL ALSO PAY A 25% SURCHARGE ON UTILITY

SERVICES. >> VICE MAYOR YOUR LIGHT IS ON, DO YOU WISH TO SPEAK? ANY OTHER DISCUSSION.

SEE NONE. MADAME CLERK PLEASE CALL THE VOTE. (ROLL CALL).

[8.2 VOLUNTARY ANNEXATION AGREEMENT - 847 OAK LANE - RESOLUTION 2022-129]

>> IT PASSES 5-0. A.TO VOLUNTARY ANNEXATION

AGREEMENT. >> I MOVED TO APPROVE.

CITY MANAGER. >> SAME ISSUES RELATED TO THIS PROPERTY AS WELL. 25% SURCHARGE ON SERVICES.

( INDISCERNIBLE ) SACK RECOMMENDS APPROVAL.

>> ANY DISCUSSION? SEE NONE MADAME CLERK PLEASE

CALL THE VOTE. >> (ROLL CALL).

[8.3 AGREEMENT APPROVAL - VARIANCE - RESOLUTION 2022-130 APPROVING AN]

>> IT PASSES 5-0. ITEM A .3.

AGREEMENT APPROVAL VARIANCE RESOLUTION 2022 -- 130.

[01:05:10]

>> OKAY, JUST A LITTLE BRIEF HISTORY ON WHY WE ARE HERE.

FIRST OF ALL, I WAS DARK FROM THE NSA STAFF RECOMMENDS APPROVAL THE CITY MANAGER AND I WERE AT A PUBLIC MEDIATION.

WHAT HAPPENED WAS, MR. K WHO LIVES ON NORTH SIXTH STREET CAME TO THE CITY ASKING AND TALKING WITH THE CITY PLANNING DEPARTMENT. HE'S NOT HERE BUT HIS ATTORNEY IS HERE. HE DOES NOT EXPECT TO SPEAK UNLESS YOU HAVE QUESTIONS OR HE HAD CLARITY.

HE WANTED TO TAKE THE EXISTING GARAGE AND ASSESS STREET APARTMENT AND DWELLING ON THE PROPERTY THAT WAS BUILT 40 -- 3040 YEARS AGO. IT'S FLOODING, THE DRIVEWAY GOES LIKE THIS, IT IS IN BAD SHAPE. IT IS ALMOST, AND THESE ARE NUMBERS OFF OF THE TOP OF MY CAT.

IT IS JUST UNDER 1,000 SQUARE-FOOT.

AS THE COMMISSIONERS KNOW, 625 SQUARE FEET IS THE MAXIMUM FOOTPRINT OF THE DWELLING OR STRETCHER.

625 FEET ON THE GROUND. THIS IS ALREADY 1,000 SQUARE FEET. THE APPLICATION TO THE VARIANCE TO THE BOARD OF ADJUSTMENT WAS TO INCREASE SLIGHTLY THAT SQUARE FOOTAGE TO JUST OVER 1,000 SQUARE FEET AND TO ADD SOME HEIGHT TO THE EXISTING STRUCTURE WITHIN THE 25 FEET EXCEPT ON ONE SIDE THAT ALLOWED IT TO BE TALLER.

25 FEET IF YOU LOOK FROM THIS SEAT.

THE BOARD OF ADJUSTMENT DENIED THE VARIANCE AND HE HIRED AN ATTORNEY WHO MADE A CLAIM, IN THAT SAME SECTION WHAT WE CALLED THE ENVIRONMENTAL DISPUTE ACTION ANYONE PAT AS APPLIED FOR A DEVELOPMENT ORDER WHICH A VARIANCE IS, CAN UNDER THIS STATUTE SEND A NOTICE TO THE CITY WITH A CERTAIN AMOUNT OF DAYS AND ASKED THE CITY TO SIT DOWN AT A MEDIATION AND INVOLVE A MAGISTRATE FOR THE INDEPENDENT PARTY, MR. PULLS OUR MAGISTRATE AND TO WORK OUT SOME AGREEMENT. THE STATUTE ALLOWS US, TO DEVIATE FROM THE CITY CODE. IF YOU WANT TO HAVE THAT SQUARE FOOTAGE BIGGER THAN SIX OR 25 SQUARE FEET ARE A LOT BIGGER YOU CAN AGREE TO IT. AFTER ABOUT AN HOUR OF PRESENTING EVIDENCE AND TESTIMONY TO THE MAGISTRATE MR. K, AND A NEIGHBOR JUST TO THE NORTH WHO WAS -- WHO LOOKS OUT THERE -- THEY ARE BUILT ON A FOUNDATION AND A RETAINING WALL.

PLEASE DON'T BLOCK MY VIEW ANYMORE THAN WHAT IT IS.

IT SEEMS LIKE WE WILL LOSE THE LITTLE SKY WE GET TO LOOK AT.

SO MR. K AFTER HEARING THAT PROPOSE A SOLUTION AND HE SAID IF I GET TO FLIP THE AMOUNT OF SQUARE FEET WHICH IS 1100, A LITTLE UNDER THAT I PROMISE THAT I WILL NOT GO ANY HIGHER THAN THE BUILDINGS THAT EXIST NOW. THAT IS THE STORY MR. MARTIN AND I AGREED TO PRESENT THAT AS AN SUSCEPTIBLE SOLUTION AND A DEVIATION FROM THE CODE. AND HE AND HIS DAUGHTER WERE HERE, HE IS NOT AS MOBILE AS HE USED TO BE IN HIS 90S, AND THEY ASKED IF WE HAD ANY QUESTIONS AND THEY ARE NOT HERE TO TESTIFY. ANY DISCUSSION SELECTS.

>> I WENT TO THE ORIGINAL HEARING I THINK THIS IS A REASONABLE ACCOMMODATION. I'M GOING TO VOTE FOR.

>> >> THIS IS ABOUT AFFORDING BACK

AFFORDABLE HOUSING FOR RENTAL. >> THANK YOU FOR ASKING.

[01:10:05]

RENTED FOR AFFORDABLE HOUSING. >> THANK YOU MR. MAYOR.

>> I SAY THIS SOUNDS LIKE AN EXCELLENT COMPROMISE.

PROUD OF THIS COMPROMISE AND I WILL VOTE YES.

>> THE INTENT WAS WHETHER OR NOT TO RENT?

>> THAT'S WHAT WE HEAR. AN AFFIDAVIT AUTOMATICALLY, NO MATTER IF YOU SAY YOU WILL RENT IT OR NOT.

THIS AFFIDAVIT SAYS YOU WILL RENT IT FOR AFFORDABLE HOUSING

AS PART OF YOUR APPLICATION. >> ONE QUESTION ON THE PROCEDURE. THERE WERE FOUR THAT SAID NO AND TO YES. ON THE BOARD OF ADJUSTMENTS.

>> THAT CAN'T BE BECAUSE THERE WERE ONLY FIVE BOTH SO THERE

MUST BE A TYPO. >> FOR INCONSISTENT --

>> YOU'RE TALKING ABOUT THE CRITERIA.

UNDERSTAND. SO ON COMMISSIONER ROSS MOTION DOES HE HAVE TO SAY QUIETLY BELIEVES?

>> THANK YOU, GREAT QUESTION. >> APT TO FOLLOW THE CORRECT PROCESS. WE HAD SORT OF A QUASIJUDICIAL.

I PUT SOME OF THAT OUT OF MY MEMORY.

TONIGHT THIS IS ASKING YOU TO APPROVE THIS LIKE A SETTLEMENT

AGREEMENT. >> ANY OTHER DISCUSSION?

>> HEARING NONE. MADAME CLERK, CALLED THE VOTE.

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

[8.4 AMERICAN RESCUE PLAN PROJECTS]

CITY MANAGER. >> THANK YOU MR. MAYOR.

THIS SEEMS TO HAVE BEEN AN EVOLVING PROCESS THEY ISSUED THEIR FINAL RULES ON HOW WE CAN ALLOCATE AND REPORT THE DOLLARS GIVENS WAS. AS I REPORTED THIS CITY IS RECEIVING $626 MILLION. ORIGINALLY THE AMERICAN RESCUE ACT FUNDS WERE SOMEWHAT CONSTRAINED FOR WATER WASTEWATER, STORMWATER, AND BROADBAND.

WHAT THE RULES ALLOW YOU TO DO NOW, YOU CAN CLAIM A REVENUE LOSS OF $10 MILLION, A ONE-TIME REVENUE LOSS AND THAT IS LESS THAN THE ALLOWABLE $10 MILLION. WE CAN SELECT THAT STANDARD AMOUNT OF REVENUE LOSS, INSTEAD OF GOING THROUGH CALCULATING WHAT THE LOSS WAS DUE TO COVID-19.

AND BY ACCEPTING THE $10 MILLION OR IN OUR CASE SIX AND A HALF DOLLARS, THE REPORTING REQUIREMENTS ARE STREAMLINED AND BY DOING THIS IT ALLOWS US GREATER FLEXIBILITY FOR THE PROJECTS WE DECIDE TO USE THE FUNDINGS FOR.

WE HAVE A REAFFIRMATION OF THE SIX PROJECTS THAT YOU PREVIOUSLY ADOPTED AND TO REITERATE, IT WAS DISCUSSED IN THE BUDGET WORKSHOP ONE HALF MILLION DOLLARS FOR THE WATERFRONT RESILIENCY $1.3 MILLION FOR GOVERNMENT FACILITIES AND STORMWATER INFRASTRUCTURE IN $1 MILLION FOR ROAD CONSTRUCTION, $1 MILLION FOR WASTEWATER AND APPROXIMATELY HALF OF A MILLION DOLLARS FOR WATER SERVICES. AS MOST PROJECTS COME FORWARD GIVEN THE MAGNITUDE OF THOSE COSTS, THIS WOULD HAVE TO COME BEFORE YOU ON A CASE-BY-CASE BASIS.

STAFF IS RECOMMENDING AND STREAMLINING THE RECORDING.

>> THANK YOU, I DO HAVE SOME DISCUSSION.

IF WERE GOING TO ACCEPT IT AS REVENUE LOSS WHICH ALLOWS MORE

[01:15:02]

AND AGAIN THIS WILL HAVE A SIGNIFICANT INCREASE.

DO WE KNOW WHAT SPECIFIC ROADS WERE GOING TO APPLY THE MONEY TO QUICKSAND THAT IS YET TO BE DETERMINED.

AT U.S. THE CITY ATTORNEY, TO REALLOCATE THE FUNDS.

THE LIST YOU HAVE BEFORE YOU IS THE LATEST AND GREATEST PROJECT THAT YOU ADOPTED. IF WE GO WITH THIS INCREASE FLEXIBILITY WE CAN REVIEW THIS BASED ON YOUR DESIRE AS THE CITY COMMISSION. CATCH UP ONE QUESTION RELATING TO THAT. WOULD IT BEHOOVE US NOW TO TAKE OFF THOSE PROJECTS BECAUSE RIGHT NOW WE ARE COMMITTING IT BY RESOLUTION, OUR GOAL IS TO INCREASE FLEXIBILITY.

FOR EXAMPLE IN THE BUDGETING PROCESS IF WE DECIDE THIS WILL BE ALLOCATED ELSEWHERE DO WE HAVE TO REDO THIS --

>> I THINK WE WOULD INDICATE, WE WOULD DO THAT TO CHANGE THE FUNDING. IT IS A BUDGET PROCESS.

DOES THIS HAPPEN IN THE IMMEDIATE FUTURE?

>> I JUST WANT TO ASK, IF I DO HAVE SUPPORT FOR THAT, I WOULD AMEND SECTION ONE TO GIVE GREATER FLEXIBILITY.

>> REMIND ME TOO COME BACK TO THAT.

>> WHAT I HEARD YOU SAY IS THIS IS NOT CAST IN STONE.

WE CAN CHANGE THIS AT ANY TIME. WE HAVE ALREADY DISCUSSED ALL OF THESE THINGS AND I WOULD GO FORWARD AS IT IS, LOOSEY-GOOSEY.

AND IF WE NEED TO CHANGE IT, WE CAN DO IT IN THE FUTURE BUT HE GIVES THEM THE FLEXIBILITY, AND WE'RE DOING THIS TO GET FLEXIBILITY AND WE CAN STILL CHANGE IN THE FUTURE.

SO INSTEAD OF DEBATING WHERE THIS MONEY WILL GO, WE ALREADY AT THIS DEBATE, LET'S JUST GO FORWARD AND IF WE NEED TO CHANGE IT WE CAN COME BACK AND TALK ABOUT IT.

>> VICE MAYOR. >> I'M IN GOOD WITH MOVING FORWARD. I THINK WE SPENT $2 MILLION OF

THIS ALREADY. >> WENT WE GET THE CAPITAL IMPROVEMENT PLAN WE CAN ADJUST IT AS APPROPRIATE.

>> WERE THE MOST PART IT HAS BEEN ON THE WATERFRONT AND STORM

WATER PROJECT. >> IS VERY MOTION?

>> THERE IS A MOTION. >> VICE MAYOR YOUR LIGHTEST

ALONG. >> IF I AM A LAYMAN TAXPAYER AND NEW PRESENTED A BUDGET THAT KEEPS THE SAME MILITARY WHICH IS A TAX INCREASE, AND WE ARE GETTING ALMOST $7 MILLION TO OF WHICH IS ALREADY SPENT. $5 MILLION WILL GO INTO THE GENERAL FUND QUICKSAND IS ACTUALLY IN A.

>> SO AS A LAYMAN TAXPAYER, WHY ARE WE WASTING TAXES?

>> I THINK IT IS INDICATED WE HAVE INCREASE COST TO TO LABOR IN THE DIRECTION THAT WE HAVE TO ADDRESS ON A VARIETY OF CITY

INFRASTRUCTURES. >> AND YOU WILL SPECIFY THAT AT

OUR HEARINGS? >> CORRECT.

>> COMMISSIONER ROSS. >> ANY OTHER COMMENTS? XENON, COMMISSIONER BEAN SUGGESTED --

>> I SUGGESTED DROPPING SECTION ONE AND LET ME RESTATE THIS POINT. I AM GOING TO VOTE YES BECAUSE I BELIEVE THE BEST, IT GIVES US THE BETTER FLEXIBILITY AND IT IS THE BEST WAY TO GO. MY GUESS BOAT DOES NOT INDICATE -- IT DOES NOT INDICATE THAT I AM COMPLETELY CONFIDENT IN THE SIX LINE ITEMS. I DON'T NECESSARILY AGREE WITH THAT BUT I WILL VOTE YES TO INDICATE I DO ACCEPT TAKING IT AS REVENUE LOSS WE HAVE GREATER FLEXIBILITY OF THE CITY.

[01:20:01]

>> AND WE DO ACKNOWLEDGE THAT AT ANY POINT, WE CAN CHANGE THESE ALLOCATIONS. MADAME CLERK, PLEASE CALL THE VOTE. (ROLL CALL).

>> YES, THAT PASSES 5-0. COMMISSIONERS, DO YOU NEED A

BREAK OR DO WE POWER THROUGH? >> APT ONE POWER THROUGH.

>> POWER THROUGH. >> ARE GOOD?

[8.5 CHANGE ORDER #4 - BLACKWATER CONSTRUCTION SERVICES - RESOLUTION 2022-]

>> OKAY. THAT IS ALL I NEEDED.

>> OKAY A .5 CHANGE ORDER CONSTRUCTION.

>> AS INDICATED IN THE STAFF REPORT.

SOME OF THE PRODUCT REQUIRED FOR THE ROOFING AT THE NEW FIRE STATION AT THE AIRPORT IS NOT AVAILABLE UNTIL FEBRUARY OR MARCH. IS APPROXIMATELY $21,000 AND IT RESULTS IN A CREDIT FOR THE COMPONENTS THAT WILL NOT BE USED. THIS A REQUEST FOR CHANGE ORDER

IN THE AMOUNT UP TO $12,371. >> RECOMMEND APPROVAL.

>> 21 -- >> ANY OTHER DISCUSSION, MADAME CLERK PLEASE CALL THE VOTE. (ROLL CALL).

>> FED PASS 5-0. ALL RIGHT, ITEM NINE.

[9.2 ZONING MAP CHANGE - 604 N. 14TH STREET / 1425 FRANKLIN STREET]

604 NORTH 14TH STREET. >> MR. MAYOR AT COMMISSIONERS THE APPLICANT HAS REQUESTED THAT ITEM 9.1 AN ITEM NINE-POINT TO ITEM BE WITHDRAWN AND REMOVED FROM THE AGENDA WITHOUT

CONSIDERATION. >> SO MOVED.

[9.3 VOLUNTARY ANNEXATION - 1411 S. 14TH STREET - ORDINANCE 2022-19]

>> ITEM 9.3 VOLUNTARY ANNEXATION >> ORDINANCE 2022 -- 19 ANNEX APPROXIMATELY 1.63 ACRES OF LAND LOCATED AT 1411 SOUTH 14TH STREET CONTIGUOUS TO THE CITY LIMITS, PROVIDING FOR SEPARABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

>> MOVED TO APPROVE. >> SECOND.

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

>> THIS IS SUPPOSED TO BE QUASIJUDICIAL.

I DON'T THINK THE APPLICANT IS HERE.

AND I WOULD JUST, WOULD GO AHEAD AND SUBMIT EVERYTHING AND PUBLIC

HEARING,. >> I WILL OPEN THE PUBLIC

HEARING. >> SEEING NONE.

I WILL CLOSE THE PUBLIC HEARING. >> I WOULD SUBMIT EVERYTHING IN

[9.4 FUTURE LAND USE ASSIGNMENT - 1411 S. 14TH ST- ORDINANCE 2022-20]

THE SECOND READING. >> OKAY ITEM NINE-POINT FOR.

>> IT IS A QUARTZSITE JUDICIAL. NO VOTE JUST FRUSTRATING.

>> THIS IS FUTURE LAND USE ASSIGNMENT FOR 1411 SOUTH 14TH

STREET. >> LET ME GET THE ORDINANCE UP.

>> I DO MOVED TO APPROVE. 102ND.

>> MO CENTISECOND. >> ORDINANCE 2022 -- 20 ASSIGNING A FUTURE LAND USE MAP CATEGORY OF GENERAL COMMERCIAL GC FOR 1.36 ACRES OF LAND LOCATED AT 1411 SOUTH 14TH STREET PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THIS IS AS YOU SAY SOMETHING WE

WOULD VOTE ON TONIGHT. >> OKAY, COMMISSIONER STURGIS.

>> I WILL BRIEFLY SPEAK ABOUT IT.

I USED TO RENT AND OFFICE SPACE IN THIS COMPLEX FOR A WHILE UNTIL I GOT MY NEW OFFICE ON BEACH STREET.

IT IS A SEPTIC TANK SYSTEM SO IT IS THAT BIG.

THIS IS COMMERCIAL PROPERTY THAT WE ARE GLAD TO SEE IT IS CONTINUOUS TO THE CITY, SO IT WILL BE NICE.

>> ANY OTHER DISCUSSION? >> COMMISSIONER ROSS.

>> I JUST WANT TO MAKE IT CLEAR THIS IS TAKING COMMERCIAL PROPERTY AND CONTINUING AS COMMERCIAL PROPERTY.

>> YES IT IS. >> ANY OTHER DISCUSSION?

>> SEEN ON. MADAME CLERK IF YOU WOULD PLEASE CALL THE VOTE. (ROLL CALL).

[9.5 ZONING MAP ASSIGNMENT - 1411 S. 14TH STREET - ORDINANCE 2022-21]

[01:25:10]

>> 9.5 ZONING MAP ASSIGNMENT FOR 1411 SOUTH 14TH STREET THIS IS

QUALIFIED JUDICIAL PICK. >> THIS IS ORDINANCE 2022 -- 21 ASSIGNING A ZONING CATEGORY OF GENERAL COMMERCIAL FOR 1.63 ACRES OF LAND LOCATED AT 1411 SOUTH 14TH STREET PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

AGAIN WE DON'T HAVE THE APPLICANT HERE WITH THEIR ATTORNEYS WE HAVE SENT YOU OPEN PUBLIC HEARING, AND I WILL SUBMIT ALL OF THE MATERIALS PROVIDED BY STAFF AND THE APPLICATION AS RECORD OF EVIDENCE.

>> OPEN THE PUBLIC HEARING. ANY PERSONS IN THE CHAMBER WHO WOULD LIKE TO SPEAK ON THIS MATTER? I SEE NO ONE. CLOSE THE PUBLIC HEARING.

>> RECOMMEND APPROVAL. >> NOT UNTIL THE SECOND READING.

[9.6 LAND DEVELOPMENT CODE TEXT AMENDMENTS (VARIOUS AND MINOR CHANGES)]

>> LAND DEVELOPMENT CODE TEXT AMENDMENT 9.6.

>> I WILL READ THE TITLE. ORDINANCE 2022 -- 22 AND ORDINANCE OF THE CITY COMMISSION WITH THE CITY OF FORT DENA BEACH FLORIDA. AMENDING THE LAND DEVELOPMENT CODE WITH MINOR AMENDMENTS TO ADDRESS ARIS, MISHNAH CORRECTIONS INCLUDING SECTION 1.07.00 TO AMEND DEFINITIONS FOR BALCONY, PORCH, AND SHADE TREE. AND TO MODIFY STANDARDS FOR LOT DESIGNED BY STRIKING WATER BODIES AS IMPERVIOUS SURFACES IN SECTION 4.02.01D AND AMENDING TABLE 4.02.01J DESIGN STANDARDS FOR LOTS TO ADD NOTE FOR .02.01J 7 BACK.

REQUIREMENT OF A PERMIT FOR CONCRETE OR ASPHALT INSULATION MORE THAN 150 SQUARE FEET AND AMENDING SECTIONS 4.02.03A5.

STANDARDS FOR BUILDINGS AND BUILDINGS REPLACEMENT SWEAT SECTIONS 4.02.03A5A TO ADDRESS SIGN IN FRONT YARD SETBACK REQUIREMENTS FOR BALCONIES AND AMENDING SECTION FOUR -- 4.02.03A7 BACK NEXT SETBACK REQUIREMENTS WERE SIDED RIG YARDS AND AMENDING SECTION 4.03.0362A EIGHTH STREET SMALL AREA DESIGN STANDARDS TO ADDRESS FENCE MATERIAL REQUIREMENT FOR PROPERTIES FRONTING EIGHTH STREET AND TO AT SUBSECTION 4.0203AI PROVIDING WOOD AND VINYL FENCE MATERIAL ALLOWANCE FOR ALL OTHER PROPERTIES AFTER READ SWIMMING POOLS AND PULL ENCLOSURES TO MODIFY THE MINIMUM SIDE AND REAR SETBACK REQUIREMENTS AND AMENDING SECTION 6.02. TO FOR MOBILE FOOD VENDING FOOD TRUCK, PARKS TO ADD SUBSECTION 6.02.TO FORD A LETTER ONE DIRECTING FOOD TRUCK COMPLIANCE WITH ALL PROVISIONS OF LOCKABLE FLORIDA DEPARTMENT OF TRANSPORTATION DESIGN MANUAL AND STRIKING SUBSECTION 7.0108BS 4 MILLION RIVER WATERFRONT COMMUNITY REDEVELOPMENT AREA BY STRIKING ERRONEOUS REFERENCE TO SECTION 3.01.03J AS CONTAINED IN SECTION A .01.02D1 AND AMENDING SECTION EIGHT .01.01.02H SPECIFIC REQUIREMENTS WITHIN THE OT-AND OT-2 ZONING DISTRICTS TO ADDRESS INCONSISTENCY IN HEIGHT REQUIREMENTS WITH SENSORY DWELLINGS WITHIN THE OT -- 1 AND OT -- 2 ZONING DISTRICTS AND AMENDING SECTION 9.0101 APPOINTMENT, TERM OF OFFICE AND GENERAL MEMBERSHIP REQUIREMENTS IN SECTION 9.01.02 ATTENDANCE AND AMENDING SECTION 9.01.03 OFFICERS ON COMMITTEES AMENDING SECTION 9.01. 0 FOR REMOVALS AND VACANCIES TO PROVIDE CONSISTENCY WITH MUNICIPAL CODE STANDARDS AS AMENDED IN AUGUST 2021 AND MODIFIED SECTION 10.02.01 VARIANCES GENERALLY TO ALIGN WITH THE CURRENT BUILDING HEIGHT RESTRICTION LANGUAGE AND SECTION FOUR-POINT 02.03 PROVIDE FOR SEVERABILITY AND PROVIDED FOR AN EFFECTIVE DATE.

[01:30:37]

>> JAVA MOTION. >> I MOVED TO APPROVE.

>> JAVA MOTION A SECOND. >> DISCUSSION.

>> THE FIRST COMMENT I WANT TO MAKE IN THE FUTURE, I WOULD APPRECIATE IF THE PLANNING BOARD AND THE PLANE DEPARTMENT INSTEAD OF HANDING A MASS OF THINGS AS THEY COME UP THEY WOULD PRESENT THEM, SO YOU DON'T HAVE, THIS LARGE AMOUNT OF MATERIAL THAT IS EASY TO MISS BECAUSE THERE'S SO MUCH TO ABSORB THAT YOU'RE NOT

FOCUSING ON IT. >> MOST OF THE CHANGES I AGREE WITH ONE 100% AND WILL VOTE FOR. I DON'T WANT TO REMOVE ONE BECAUSE I DON'T AGREE WITH IT. I HANDED YOU A AND OUT.

IF YOU GO TO NUMBER TWO, STANDARD LOT DESIGN THE SURFACE RATIO IS CALCULATED BY DIVIDING THE TOTAL SURFACES BY THE TOTAL LOT AREA. THIS IS IMPERVIOUS SURFACES.

IT SHOULD NOT BE THERE. BUT, THE UNINTENDED CONSEQUENCES OF REMOVING THAT IS THAT IF YOU GO TO THE RATIO WHICH IS WHAT IT IS TALKING ABOUT, AND CALCULATED BY DIVIDING THE SURFACE THIS MEANS THE TOTAL AREA OF PARCEL IN THE RIGHT-OF-WAY.

BECAUSE BASICALLY, YOU TAKE THE CITY LOT, THE CITY LOT I HAVE DONE THE MATH IT IS 31,000 SQUARE FEET WHICH IS IMPERVIOUS AND YOU COME UP WITH 18,000 SQUARE FEET.

THAT LOT, WOULD BE ALLOWED 18,000 SQUARE FEET OF IMPERVIOUS SURFACE. THAT IF YOU LOOK AT THE APPLICANTS IT IS 14,000 SQUARE FEET WHICH IS 8500 -- THIS MEANS ALL OF THE LOTS, WILL BE CONCRETE OVER WITHOUT ANY ( INDISCERNIBLE ) WITHOUT ANY, YOU CAN CURRENT TREAT THEM OVER ASPHALT THEM OVER. THE FIX TO THAT WHICH I WOULD LIKE TO GO BACK TO THE PLANNING BOARD IS TO SIMPLY ADD TO THE TOTAL AREA OF THE PARCEL UNLESS IN A'S SURFACE WATER CONTAINED ON THE LOT OR PARCEL. WHEN YOU PUT IN THE DEFINITION OF SURFACE WATER WHICH IS A NATURAL BODY OF WATER.

WE NEED TO TAKE THAT PART OUT. >> WE NEED TO TAKE THIS ONE OUT.

AS I WRITE? >> THE FIRST THING I WANT TO SAY IT WILL AFFECT THE TITLE WHICH IS FINE BECAUSE WE WILL ADVERTISE IT FOR A SECOND READING.

YOU CAN TAKE IT OUT BUT I WANT TO TAKE OUT WHEN I SPOKE TO YOU EARLIER I DIDN'T KNOW ANY BETTER I SAID YEAH, THAT SOUNDS REASONABLE IF YOU MEASURE IT. BUT IN THE TIME TALKING TO STAFF, AND IF YOU WANT THEM TO EXPLAIN IT, THERE ARE OTHER CONSIDERATIONS. THERE'S A PROVISION IN THE MUNICIPAL CODE, THEY CAN ARTICULATE WHAT YOU CAN DO WITH THE LOTS AND HOW THIS IS NOT EXACTLY CONCRETE OVER PARADISE.

BECAUSE THERE IS IMPERVIOUS MATERIALS REQUIRE A LOT OF THINGS THAT STAFF ALREADY CONSIDERED WHEN THEY SENT THIS THROUGH AND I DIDN'T MEAN TO CATCH YOU OFFGUARD.

[01:35:04]

THAT SUBSECTION. >> I JUST WANT TO BRING UP THE OTHER TWO CONCERNS. THE OTHER TWO CONCERNS ARE, IF YOU LOOK AT SECTION RIGHT HERE AND HERE, THEY ARE NOT CONSISTENT. IF THE WATER ENHANCES NOT INCLUDED IT MAY PRECLUDE RESTAURANT USE.

BUT BASICALLY, WE HAVE ONE PART OF THE ORDINANCE AND 8.1 ZERO TWO AND THIS PART DOES NOT ALLOW IT.

ALL I AM ASKING IS, OUTSIDE OF THIS, WE --

>> THIS IS IN ADDITION TO CHANGES RECOMMENDED TONIGHT.

>> THE THIRD ONE IS THERE IS NO DEFINITION OF A MARINA, SO WHILE WE ARE PUTTING AND DEFINITIONS AND WHY THAT IT'S IMPORTANT THERE IS A WHOLE LIST OF REQUIREMENTS SO WHAT DOES THAT APPLY TO. BECAUSE IT APPLIED TO SOMEONE WHO HAS ( INDISCERNIBLE ) OR IS IT COMMERCIAL.

THERE ARE MANY DEFINITIONS OF MARINA THAT I LOOKED AT.

THERE'S A BOOK CALLED THE PLANNING GUIDE AND MANY DEFINITIONS BUT I WOULD LIKE THE PLANNING BOARD TO COME UP WITH A DEFINITION SO WE KNOW. ONE OF THE THINGS THAT IS IMPORTANT IF YOU LOOK AT SECTION AND IT SAYS SEE WALL THIS IS WHERE THE WATER LINE IS. THAT MEANS ALONG THE WATERFRONT, THERE HAS BEEN TALK ABOUT PUSHING THE WATER OUT INTO THE RIVER THIS WOULD PROHIBIT THAT. WE WILL PUT A MARINA THERE.

ALL I AM SAYING, DEPENDING ON WHAT YOU DO THERE.

I JUST WANT THEM TO CONSIDER WHETHER ONE IS A MARINA AND CONSIDER THE ONE SECTION OF THAT.

THOSE ARE MY THOUGHTS. >> ON THE WATER COLLECTS.

>> SURE. >> GOOD EVENING KELLY GIBSON PLANNING DEVELOPER CONSIDERING THE CHANGE RELATIVE TO THAT CHANGE IT IS BECAUSE -- IS CONSISTENCY ONLY WITH EPA AND HOW IMPERVIOUS SERVICES ARE CALCULATED.

AND THE WATER MANAGEMENT DISTRICT AND OUT THEY PROVIDE GUIDANCE FOR CALCULATIONS. IT'S ALSO CONSISTENT WITH MUNICIPAL CODE AND ITS STORMWATER NOW IT MANAGES THE SURFACES. AND THE CONSEQUENCES HE'S BRINGING UP THEY HAVE CONSIDERED WITHIN THE CRA YOU HAVE GUIDANCE THROUGH THE GUIDELINES AS WELL AS THE CODES THAT GIVE A RANGE OF USES THAT MAY BE PERMISSIBLE. IT ALSO INCLUDES FOR WHETHER LET'S GET BECAUSE THAT'S THEORY AND HOW THAT IS TO BE PROVIDED.

AVOIDING THE SCENARIO WHERE YOU MAY HAVE A FULL DEVELOPMENT EXTENDING OVER THE UPLAND'S WHICH EXISTS RIGHT NOW.

YOU ALSO HAVE REQUIREMENTS IN PLACE FOR AN ARRANGEMENT OF PARKING IF THEY WANT TO PROVIDE FOR PARKING OUT THAT SHOULD BE DONE IF THEY ARE TO DO THAT ALONG THE RIVERFRONT THERE ARE SOME CONSEQUENCES THROUGH THE DEFINITION THAT WE WOULD LIKE TO EVALUATE. AND THAT WILL BE AT THE NEXT

AVAILABLE TIME FOR DOING SO. >> ANY QUESTIONS?

>> I DO. >> I HAVE ONE QUESTION.

SO, WITH THIS CODE, ON THE WATERFRONT LOTS, THERE'S NOT A LOT OF IMPERVIOUS AREA ON THE LIST ANYWAY.

SO THIS WOULD BE THE SAME CALCULATION, IS THAT WHAT YOU'RE

[01:40:06]

>> COMMISSIONER BEING A DICK COMMISSIONER ROSS.

DID YOU HAVE A QUESTION? >> COMMISSIONER BEAN EVENT COMMISSIONER ROSS PICTURES JUST TO MAKE SURE I'M CLEAR.

WITH THIS, THERE ARE THERE THINGS YOU WANT TO CONSIDER AT A

FUTURE TIME,. >> THE ADDITIONAL REQUEST THAT HE HAS BROUGHT UP FOR EVALUATION.

>> HERE IS WHAT I DON'T UNDERSTAND.

WHAT IS SAYS IS THE IMPERVIOUS SURFACE RATIO IS CALCULATE BY DIVIDING THE TOTAL IMPERVIOUS SURFACE BUT THE GROSS SITE AREA.

THE GROSS SITE AREA MEANS SO YOU HAVE THE WATER LOT WHICH HAS NO PUBLIC RIGHT-OF-WAY AND 30,000 SQUARE FEET, WE WILL JUST USE THE NUMBER 30,000. AND THE GROWTH THAT'S ALLOWED TO BE DEVELOPED WOULD BE .6 TIMES 30,000 WHICH WOULD BE 18,000 SQUARE FEET. IF YOU ONLY HAVE 14,000 FEET OF UPLAND'S, YOUR IMPERVIOUS SURFACE IS 18,000.

YOU CAN COVER THIS UNDER THAT SCENARIO AND THAT IS WHAT I

DON'T UNDERSTAND. >> I SEE THERE ARE OTHER MITIGATING FACTORS AT PLAY THAT WOULD BE FEASIBLE FOR THAT PROPERTY. REDUCING THE POTENTIAL OF HAVING A FULL ONE 100% UPLAND AREA. WHAT WERE TRYING TO DO.

>> YOU MAY NOT BE AROUND. >>

>> YOU COULD PUT A STORE THERE THE USE COVERS THE GROUND SO WATER CAN'T GO IN IT. I AM STILL UNCOMFORTABLE.

YOU SAID THERE ARE MITIGATING FACTORS BUT I'M STILL UNCOMFORTABLE THAT IT COULD EXCEED THE 60% THAT WE APPLIED

EVERYWHERE ELSE. >> YOU HAVE OTHER WAYS OF LOOKING AT THIS. YOUR LEVEL OF INTENSITY FOR A COMMERCIAL PROPERTY ALSO COMES INTO PLAY.

I DON'T HAVE IT IN FRONT OF ME WITH THE RATIO IS RIGHT NOW.

BUT THAT IS ANOTHER VARIABLE THAT WE DO NEED TO EVALUATE.

>> I HAVE NO PROBLEM SENDING THIS BACK.

FIRST OF ALL I THINK YOU SHOULD TAKE OUT THE IMPERVIOUS ORDERS.

BUT, I WOULD LIKE TO SPREAD IT FURTHER BY THE BOARD.

>> I THINK IT'S WONDERFUL. >> WHAT I WANT TO ASK, I

[01:45:14]

THAT IS WHY WE DO IT. COMMISSIONER ROSS GAVE US THE HORROR STORY OF WHAT COULD GO WRONG IF WE DO THIS, WHY DO WE NEED THIS WHAT IT'S IT FOR. WHY DO WE NEED TO MAKE THIS CHANGE, BLOOD PROPERTY OWNERS WOULD BENEFIT FOR US TO DO IT.

>> I HAVE NO PROBLEM WITH THAT. >> YOU MAY HAVE A LOT AND THERE'S VERY FEW WHERE YOU CAN PUT MORE THAN 60% IMPERVIOUS

SURFACE. >> I GET THAT IS THE WORST CASE SCENARIO. IT WOULD MATCH CPA.

IS THERE ANY OTHER RECENT BESIDES BEING UNIFORM WITH THE

GUIDELINES? >> THE INTENT IS REALLY CLEAN

UP. >> I WILL ACCEPT THE AMENDMENT

TO MY MOTION. >>

>> HE SAID HE WANTS TO REMOVE THE RIGHT-OF-WAY --

>> NO I DON'T. >> IT'S OUT OF MY HANDS.

>> THAT IS -- OKAY, WE'RE GOOD. HE NULLIFIED THAT.

>> ALL RIGHT MADAME CLERK, PLEASE CALL THE VOTE.

>> LET ME MAKE SURE WHAT WE ARE ASKING.

CAN WE ALSO ADD INTO THAT, LOOKING AT THE MARINA QUESTION AND MAKING THOSE OTHER TWO THINGS CONSISTENT.

>> BECAUSE WE WILL NOT DO IT UNLESS THE MAJORITY OF THE

COMMISSION WANTS IT DONE. >> I AGREE.

>> I AM FINE LOOKING AT THAT CALCULATION ISSUE.

>> AND OUR LAND DEVELOPMENT THERE IS A BIG INCONSISTENCY.

ON THE WATERFRONT YOU CAN HAVE WATER DEPENDENT.

AND ON ONE AND IT SAYS IT DOESN'T WORK.

ONE OF THE USES, IF YOU WANT TO PUT A WATERFRONT IT HAS TO SAY WATERFRONT. BY NOT HAVING IT CONSISTENT WITH SOMEONE WANTS TO DEVELOP THAT PLAN, IT'S ONE MORE PROBLEM WE HAVE TO DEAL WITH. WE ARE ASKING THAT THEY COME BACK AND SAY WE WANTED ONE WAY OR THE OTHER WAY.

THEY NEED TO MAKE THIS CONSISTENT.

>> YOU WANT THAT TO BE CONSISTENT.

YOU WANT TO CHANGE THE WAY WE CALCULATE.

>> HOLD ON ONE SECOND PERIOD I WANT TO MAKE SURE EVERYONE'S CLEAR. CAN WE PLEASE, VOTE ON THE ONE CHANGE THAT AFFECTS THE ORDINANCE ON THE TABLE.

AFTER THAT PASS I THINK WE CAN TALK ABOUT THE REMAINING CHANGES THAT WE NEED TO HAVE THE STAFF WORK ON.

>> MADAME CLERK CALLED THE VOTE. >> THIS IS THE MOTION TO REMOVE

THE MOTION. >> (ROLL CALL) IN OP PASSES 5-0.

>> NOW LET'S TALK ABOUT TWO OTHER PROPOSALS.

[01:50:01]

>> A PROPOSAL THAT WE SENT TO THE BOARD AND ASK THEM TO MAKE SECTION A .01, TWO AND 3.03 CONSISTENT SO THEY BOTH SAY THE SAME THING. THEY BOTH SAY SOMETHING ABOUT

THE WATERFRONT. >> I HAVE TO EXPLAIN WHAT THE EFFECT OF THAT WILL BE. FIRST OF ALL IS NOT AN OVERSIGHT BY STAFF. THAT DOESN'T MEAN YOU HAVE TO AGREE WITH IT. WATER IN ANTS WILL SIMPLIFY IT AND ANYTHING WITH A WINDOW. WATER DEPENDENT AND BECAUSE OF

THE WORKING WATERFRONT. >> WITH ALL DUE RESPECT, WATER IN ANTS DOESN'T MEAN THERE'S A WINDOW THE DEFINITION IS RIGHT THERE. IT'S ACTIVITIES THAT BENEFIT FROM BEING LOCATED ON OR NEAR THE WATER BUT ARE NEITHER DEPENDENT ON ACCESS TO THE WATER OR PROVIDE GOODS AND SERVICES RELATED TO DEPENDENT USE. THIS IS SPECIFICALLY EXCLUDED FROM DEFINITION AND WATER RELATED USE.

I WILL TELL YOU, THE BIGGEST ISSUE AND THAT IS RESTAURANTS.

IF YOU DO NOT MAKE THESE TWO SQUARE UP YOU ARE PREVENTING THIS. YOU WANT TO DO THIS IS ALL WATER

NANCY IS SPIRIT. >> WE JUST NEED SOME CONSENSUS

TO SAY. >> WHAT IS THE INTENTION OF

EXCLUDING VAT. >> IT WAS A LONG TIME AGO WHEN WE GOT THE WORKING WATERFRONT GROUP.

HISTORY HERE IS NOT A BAR SITTING ON THE WATER.

THAT DOES NOT MEAN TIMES HAVE NOT CHANGED.

>> THE IMPLICATION OF MAKING IT CONSISTENT.

SO, COMMISSIONER ROSS SAYS ADDING IN THIS WATER ENHANCEMENT WOULD WOULD BE PROHIBITED FROM COMING IN ON THE WATERFRONT.

BUT WHY IS IT LIKE THIS, AND WHAT DOES THAT PROTECT?

BUSINESSES? >> I THINK BY VIRTUE OF THE FACT THAT YOU ARE ASKING THE QUESTION , WE NEED THE PLANNING BOARD TO STUDY IT. THIS WAY SOME RESPECT WITH THESE CHANGES. THE THING WITH LAND DEVELOPMENT CODE BY MEMORY. THEY CAN SAY YOU CAN'T DO THIS BECAUSE THE LANDSCAPE OR PARKING REQUIREMENTS.

I THINK WE NEED TO LOOK AT IT. IT SOUNDS LIKE 1-TO-3 ARE

INTERESTED. >> DEFINITION OF MARINA.

>> OKAY PICK. >> WE ARE ON THE SECOND READING.

[10.1 CODE AMENDMENT - PENSION - ORDINANCE 2022-15 AMENDING CHAPTER 62, ARTICLE IV]

CODE AMENDMENT PENSION. >> ORDINANCE 2022 AND ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH FLORIDA AMENDING CHAPTER 62 ARTICLE THREE GENERAL EMPLOYEES PENSION PLAN 62 -- 995 PROHIBITING RECEIPT OF BENEFITS BY RETIREES BY WILD REEMPLOYED BY THE CITY AND BY ELIMINATING A SUBSEQUENT PENSION BENEFIT TO ACCRUE WALLOP REEMPLOYED, AMENDING ARTICLE FIVE FIREFIGHTERS AND POLICE OFFICERS PENSIONS PLANTS, SECTION 62 -- 111 BY AMENDING DEFINITION TO PROVIDE THAT POLICE CHIEF OF FIREFIGHTERS FIRE CHIEF HAVE THE OPTION OF PARTICIPATING IN THE SEA FIREFIGHTERS AND POLICE OFFICERS AND PENSIONS PLANS, MANY SECTION 62-139 BY PROHIBITING RECEIPT OF BENEFITS BY POLICE AND FIRE PENSION PLAN RETIREES WHILE REEMPLOYMENT BY THE CITY AS A GENERAL EMPLOYEE, NOT POLICE OFFICER FIREFIGHTER, AND BY ELIMINATING A SUBSEQUENT PENSION BENEFIT TO ACCRUE WHILE REEMPLOYED, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

>> ANYONE INTERESTED IN SITTING ON THIS MATTER.

SEEING NO ONE I WILL CLOSE THE PUBLIC COMMENT.

>> ARE WE VOTING? >> PLEASE DO PICK.

[01:55:06]

>> MOVE FOR. >> HAVE A MOTION INTO SECOND

PERIOD YOUR LIGHT IS ON. >> ALL RIGHT, SEEING NO DISCUSSION, MADAME CLERK, PLEASE CALL THE VOTE.

>> >> THAT PASSES 5-0.

[10.2 CODE AMENDMENT - NO SMOKING IN PUBLIC PARKS AND BEACHES - ORDINANCE]

BEACHES BIG. >> ORDINANCE 2022 -- 16 AMENDING THE CODE OF ORDINANCE BY AMENDING CHAPTER 42 ENVIRONMENT, ARTICLE TWO, NUISANCES, DIVISION II, HELP NOOSES COME AMENDING SECTION 42-POINT -- 542 -- 61 BY INCLUDING SMOKING ON CITY BEACHES AND IN CITY PARKS AS PUBLIC HEALTH NUISANCES, CREATING SECTION 42-63 DEFINITIONS, CRATED SECTIONS 42-64, PROHIBITING SMOKING ON CITY BEACHES AND IN CITY PARKS, OPERATING SECTION 42-65 PROVIDING FOR PENALTIES PROVIDED FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THIS IS SECOND READING AND LET ME EXPLAIN, ON JUNE 24, WHENEVER

I HAD THE LAST MEETING,. >> THEY ALLOW PROHIBITION DID YOU HAVE PLASTIC TIPS OF CIGARS THAT WERE NOVEL ABOUT AN UNFILTERED CIGARS WERE ALLOWED. THE BILL THAT GOD SIGNED DOES NOT PROVIDE AN EXEMPTION FOR PIPE SMOKING.

CIGARETTES WITH FILTERS ANYTHING WITH FILTERS.

WE WILL GO TO THIRD READING ON AUGUST 16TH OR IT WILL BILL CITATION FINE FOR ANYONE AUGUST 16 IS THE 3RD AND FINAL REASON -- READING. IF IT PASSES AND I.

IF IT DOES I WILL WALK WORK WITH CITY STAFF WE HAVE ASSIGNED SHOP AND THEY HAVE TO INCLUDE SPECIFIC THINGS LIKE A QR CODE, A QUICK SCAN CODE TO SEND ANYONE BACK TO THE STATE SO THAT THEY KNOW THE STATE OF FLORIDA DOES LEGISLATE HERE AND WE HAVE WRITTEN THE RIGHT ORDINANCE. STAFF RECOMMENDS APPROVAL.

>> IS THERE A MOTION. >> SECOND.

>> JAVA MOTION AND A SECOND. >> I'M GOING TO SUPPORT THIS MOTION. I WANT TO READ AN E-MAIL.

THIS IS THE BOSTON CHAIRMAN OF THE YOUTH ADVISORY COMMITTEE.

I'M WRITING TODAY REGARDING THE SECOND READING OF THE CODE AMENDMENT RIGHTS NO SMOKING IN PUBLIC PARKS AND BEACHES.

ON JULY 1, THE YOUTH ADVISORY COMMITTEE DISCUSSED AND VOTED UNANIMOUSLY TO SUGGEST THE COMMISSION PASSED THE PROPOSED ORDINANCE INTO EFFECT AS WE BELIEVE THE BAND HAS A SURPLUS OF BENEFITS FOR OUR LOCAL COMMUNITY, ESPECIALLY IN THE LONG TERM FOR OUR FUTURE GENERATIONS.

IN SHORT THE YOUTH ADVISORY COMMITTEE AND THE CITY OF FERNANDINA BEACH UNANIMOUSLY RECOMMENDS THE CITY COMMISSIONERS PASSED PROPOSAL OF NO SMOKING IN PUBLIC PARKS AND

BEACHES INTO WORK SPIRIT. >> I HAVE ONE REQUEST, JOYCE.

-- ONE SPEAKER. JOYCE.

>> MY NAME'S RISA LAVETTE 2120 BEACH STREET.

I JUST WANT TO REALLY QUICK NOT USE THE TOO MUCH TIME TO SAY I SUPPORT THIS NEW ORDINANCE, EVEN THOUGH I COME FROM A LARGE FAMILY OF SMOKERS. THEY WOULD AGREE THAT THEY APPLE RIGHT IN CERTAIN PLACES AND NOT OTHER PLACES.

I'M A RETIRED CHEMISTRY TEACHER, I THINK MOST PEOPLE DON'T REALIZE CIGARETTE BUTTS, I ALSO WALKED UP BEACHES 3-4 TIMES AT THE CRACK OF DAWN FOR MONITORING AND I DO SEVERAL BEACHES OF LESS

[02:00:03]

I CANNOT EVEN BELIEVE THE DOZENS OF CIGARETTE BUTTS THAT I PICK UP ONE THING MOST PEOPLE DON'T REALIZING, THAT'S OUTSIDE HIS PAPER AND DISSOLVES WITHIN A YEAR, BUT THE INSIDE IS A PLASTIC SO THAT BEING IS AROUND FOR EVERY WILL NEVER DEGRADE.

THE OTHER THING THAT MOST PEOPLE DON'T REALIZE, AS A FILTER, IT IS DESIGNED TO FILTER TOXINS SO A SMOKED CIGARETTE FILTER IS INCREDIBLY TOXIC. IF YOU HAD FISH TANK, AND HAD JUST A FEW CIGARETTE BUTTS, THE LETHAL DOSE, THE DOSE WHICH WOULD KILL 50% OF THE ORGANISMS, IT WOULD ONLY TAKE TWO CIGARETTE BUTTS FLOATING IN THERE TO KILL 50% OF THE ORGANISMS LIVING IN THERE. AND IT IS MUCH HIGHER FOR MICROORGANISMS. SO I AM HAPPY TO SEE THE STATE LAW CHANGE AND HAPPY TO SEE YOU GUYS JUMP ON THIS AND LOOK TO PASS THIS FOR OUR FUTURE HEALTH AND THE FUTURE HEALTH OF OUR WATERWAYS. THANK YOU, THAT, THAT IS IT.

THANK YOU FOR YOUR TIME. >> VICE MAYOR.

>> I JUST WANT TO BE -- PEOPLE TO BE AWARE IT IS NOT THEIR JOB TO ENFORCE THIS LAW. WE DID GET AN E-MAIL FROM A PERSON AND THAT CAN BE DANGEROUS.

AND FOLLOW-UP WITH THE CITY, THE PENALTY IS THERE BUT HOW WILL WE RESPOND TO COMPLAINTS, THE BEACH PATROL ARE THEY GOING TO DO WITH THAT OF THE POLICE GOING TO DEAL WITH THAT HOW ARE WE GOING TO

DEAL WITH THAT INTERNALLY. >> WE WILL HAVE THOSE DISCUSSIONS AND LIKE OTHER ORDINANCES THEY ARE ENFORCEABLE

WILL WE CATCH EVERY PERSON, NO. >> I KNOW WHAT YOU'RE SAYING,.

>> I WILL RESTATE WHAT I SAID. WHILE I AM NOT A SMOKER.

I DO AGREE THAT LITTER IS A HUGE PROBLEM AND I TRULY WISH PEOPLE DID NOT LATER. I DON'T THINK I HAVE A WAY TO IMPEDE HOW THEY ENJOY THE OUTDOORS.

>> THANK YOU MAYOR. I WILL SAY THE SAME THING I SAID IN THE FIRST READING. I DON'T SMOKE.

I THINK IT IS A TERRIBLE HABIT. I THINK IT'S DANGEROUS.

THE BIGGEST THING, WHEN I DO MY SERVICE OF PICKING UP THE TRASH.

WHEN PEOPLE ABUSE THE RIGHT TO DO WHAT THEY DO, I THINK IT IS BENEFICIAL AND I WILL BE VOTING YES BECAUSE I PICKUP THOUSANDS OF CIGARETTE BUTTS OVER THE COURSE OF THE SUMMER SEASON.

I THINK IT IS TIME TO PUT A CURB TO A.

IT MAY TAKE A WHILE TO CATCH ON IT MADE TAKES TIME BUT IT WILL BE IN FORCE AND IT WILL STOP PEOPLE FROM SMOKING ON THE BEACH. THANK YOU.

>> I WILL CLOSE THIS DISCUSSION WITH, FIRST OF ALL ON SATURDAY THE GOVERNOR OF NEW YORK SIGNED INTO LEGISLATION BANNING SMOKING ON ALL NEW YORK BEACHES AND PARKS.

THEY ADD TO FORCE AN ENTIRE STATE WE ARE TALKING ABOUT 6 MILES OF BEACHES AND OUR PARKS.

IF AN ENTIRE STATE CAN DO IT, WE CAN DO IT.

YES, I GET E-MAILS ABOUT OVERREACH AND RIGHT SPIRIT HERE IS MY ANSWER. A PERSON DOES NOT HAVE A RIGHT TO EXHALE TOXIC MATERIALS THAT I CAN BREATHE THEN, THAT WILL ADVERSELY IMPACT MY HEALTH. THAT RIGHT DOES NOT EXIST.

THE RIGHT TO POLLUTE OUR ENVIRONMENT AND WILDLIFE HABITAT DOES NOT EXIST. NEITHER DOES THE RIGHT TO NEGATIVELY IMPACT WILDLIFE OR SEA LIFE.

THOSE RIGHTS DON'T EXIST. SO WE ARE NOT LIMITING ANYONE'S RIGHTS. THEY DON'T HAVE THAT RIGHT TO

[02:05:02]

SO I WILL VOTE FOR THIS. AND WITH THAT MADAME CLERK

PLEASE CALL THE BOAT. >> VICE MAYOR.

[11. CITY MANAGER REPORTS]

(ROLL CALL). >> THE MOTION PASSES FOR ACTION

ONE. >> MOVING ON, WE ARE AT CITY

MANAGER REPORTS. >> ACTUALLY MR. MAYOR I ASK THAT YOU CONSIDER A BOARD APPOINTMENT, HE CONSIDERED HIS RESIGNATION IS NOT ON THE AGENDA.

TO THE NASSAU COUNTY DEVELOPMENT BOARD, COMMISSIONER BEING IS TAKING ONE FOR THE TEAM AND INDICATED HE WOULD LIKE TO SERVE THE REMAINDER OF VICE MAYOR KRIEGER'S TERM I WOULD ASK THAT YOU CONSIDER THAT BOARD APPOINTMENT VACANT AND FORMAL.

HANDWRITING MOTION? AS I WAS A YES.

>> WHERE MOTION. >> I MOVE THAT HE TAKES THE SPEAR IN THE CHEST. FOR THE ECONOMIC DEVELOPMENT

BOARD. >> CAN I VOTE NO, I'M JUST

KIDDING. >> WENT THE SECOND QUICKSAND AT

THE SECOND. >> ANY DISCUSSION.

MADAME CLERK. IF YOU WOULD CALL THE VOTE.

(ROLL CALL). >> THANK YOU MR. MAYOR.

A LOT OF THE RECENT CHANGES IN REGARD TO THE PENSION TURNED OUT TO BE A MUCH MORE COMPLICATED PROCESS TO BE THE CHIEF FOLLOWING JIM HURLEY. WE DIDN'T THINK, I DON'T THINK ANYONE FORESAW THE DIFFICULTIES WITH REGARDS TO PENSION LAWS AND THINGS LIKE THAT. THAT HAS NECESSITATED A LOT OF CHANGES. WHAT IS NOW THE PRACTICAL RESPONSE IS, THE CHIEF WILL HAVE TO TAKE AN APPROXIMATE SIX MONTH LEAVE OF ACTION TO SATISFY ALL OF THE RULES SO HE CAN COME BACK AND CONTINUE TO SERVE AS POLICE CHIEF AS I DESIRE HIM TO DO.

AND I BELIEVE HE HAS THE SUPPORT OF THE ENTIRE POLICE DEPARTMENT.

IN THE INTERIM, WHAT I WOULD LIKE TO DO I INTEND TO BRING BACK THE CHIEF TO SERVE AS AN EMPLOYEE NOT TO EXCEED SIX MONTHS TO PROVIDE MENTORSHIP AND LEADERSHIP IN THE ABSENCE OF THE CHIEF PORT THE DEPUTY CHIEF. WENT THE DEPUTY CHIEF WAS HIRED IT WAS THE LONG TERM PLAN AND I STILL SUPPORT THAT PLAN, THAT IS WHEN THE CHIEF DOES RETIRE THAT THE DEPUTY CHIEF WILL ASSUME THE COMMAND OF THE POLICE DEPARTMENT AND BECOME THE CHIEF.

I STAND BY THAT BUT I THINK IN THE ABSENCE OF THE CHIEF, THAT CHIEF HURLEY CAN COME BACK AND PROVIDE GUIDANCE AND LEADERSHIP TO HELP PREPARE THE CHIEF TO BE SUCCESSFUL AS THE SUCCESSOR CHIEF. SO, I WILL WORK OUT THE DETAILS WITH THE CHIEF, ARE WILL SEE HOW WE STRUCTURE COMPENSATION AND WE ARE TENTATIVELY LOOKING AT A PART-TIME APPOINTMENT TO ALLOW FOR A TEMPORARY EMPLOYEE FOR A PERIOD NOT TO EXCEED 180 DAYS.

I JUST WANTED TO INDICATE AND ANNOUNCE AS IT CURRENTLY STANDS, THE CHIEF'S LAST DAY IS JULY 29, AND IN THE INTERIM, CHIEF HURLEY WILL BEGIN DUTY ON AUGUST 1. THIS IS INTENDED TO DO AS MUCH AS I CAN TO ENSURE THE SUCCESS OF THE CHIEF WHEN HIS TIME IS RIGHT. I THINK THAT LEADERSHIP AND MENTORSHIP CAN GREATLY ASSIST THE DEPUTY CHIEF IN THE ABSENCE OF THE CHEAP. I THINK ALL THREE OF THEM WILL WORK TOGETHER OVER THE COURSE OF THE NEXT SIX MONTHS.

I WANTED TO MAKE THAT ANNOUNCEMENT.

SECONDLY THE NATIONAL COMMUNITY SURVEY THE RESPONSE HAS BEEN GOOD SO FAR. AS OF YESTERDAY IT WAS REPORTED THERE HAS BEEN 836 RESPONSES TO THE FIRST WAY.

DIRECTOR 54 VIA PAPER AND SOME ONLINE.

THE ONLINE SURVEY IS NOW OPEN, ANYONE IN THE WORLD THAT WANTS TO COMPLETE THIS SURVEY IT IS NOW AVAILABLE WE WILL HAVE THE LINK I KNOW IT HAS BEEN SHARED WITH THE MEDIA IT WAS IN MY NOTES LAST WEEK, WE WILL POSTED ON THE CITY'S FACEBOOK SITE IT

[02:10:05]

USED TO BE CALLED CITIZENS SURVEY.

THIS IS WHAT WE QUERIED ABOUT. SO WE WILL BE ABLE TO TRACK DATA AND TRENDS GOT THE CITY IS DOING WELL AND THINGS THEY NEED TO IMPROVE ON. PENDING ANY QUESTIONS THAT'S ALL

I HAVE THIS EVENING. >> CITY ATTORNEY?

[12. CITY ATTORNEY REPORTS]

>> THE QUARTERLY ( INDISCERNIBLE ) REPORT NO NEW CASES.

JUST AS AN UPDATE THE BREADTH HEARING, THE HEARING EXPEDITED MOTION TO VACATE THE PROPERTY BECAUSE OF SAFETY ISSUES IS THIS THURSDAY AT 2:00 P.M. JUST SO EVERYONE KNOWS IT IS AN ONLINE HEARING I WILL SEND YOU THE ZOOM LINK.

NONE OF US WILL BE THERE IN PERSON.

THE JUDGE IS APPEARING BY ZOOM AS WELL.

THE PORT OF FLORY STILL UNDERGOING -- WE ARE DOING DISCOVERY AND I HAVE ASKED FOR A PROJECTED TRIAL DATE THERE'S REALLY NOT A LOT FOR US TO ARGUE ABOUT WE HAVE TO GET SOME DEPOSITIONS UNDER OUR BELT AND PRODUCTION OF DOCUMENTS AND ADMISSION SPIRIT IT WILL BE READY.

I WILL BE AWAY WEDNESDAY THROUGH FRIDAY AT THE FLORIDA MINUTES MOST ATTORNEYS ASSOCIATION. I'M SUPPOSED TO GET VOTED IN AS

PRESIDENT. >> WELL CONGRATULATIONS.

>> MY CONDOLENCES. >> THE GOOD THING IS IT'S ONLY ONE MEETING PER YEAR. IT'S NICE TO HAVE.

I WILL TELL YOU, AS CAROLINE CAN TELL YOU THE CLERK'S ASSOCIATION CAN TELL YOU, THE NETWORKING THAT YOU DO, AT LEAST NOT FOR ME, IS NOT LOOKING FOR ANOTHER JOB BUT TO BOUNCE OFF IDEAS OFF OF OTHER COLLEAGUES AND PICK UP THE PHONE TO SAY HAVE YOU EVER WRITTEN A DOCUMENT OR FACE THIS ISSUE IT IS IMPORTANT.

[13. CITY CLERK REPORTS]

>> CITY CLERK. >> THE 2022 GENERAL ELECTION CONCLUDED THIS PAST FRIDAY JULY 15 AT 5:00 P.M. FOLLOWING INDIVIDUAL CANDIDATES ANDREW FOR JAMES ANTIN.

IN THE CONTEST FOR MAYOR, THANK YOU.

[14. MAYOR/COMMISSIONER COMMENTS]

>> MAYOR, COMMISSIONER COMMENTS, VICE MAYOR.

>> I HAVE QUITE A FEW THINGS THIS EVENING.

WOULD YOU PUT UP THAT SLIDE PLEASE.

>> MY REGRET IS THIS ISSUE WILL GO AWAY AND BE CORRECTED.

THIS IS ABOUT TREE EXTRACTION ZONES.

ON THE FIRST SLIDE IT PRESCRIBES WHAT A TREE PROTECTION ZONE IS.

THIS IS IN THE AGENDA. THESE PICTURES WERE TAKEN AFTER NUMBER TWO WORKSHOP SPIRIT AND THIS IS THE THIRD TIME ( INDISCERNIBLE ). THIS 13TH STREET.

THIS IS ON NORTH FLETCHER. ALL CONSTRUCTION.

NO TREE PROTECTION. WE'VE MADE A STATEMENT THAT WE DIDN'T HAVE A TREE PROTECTION ZONE IN THE CITY.

THESE ARE EFFECTIVELY THINGS THAT ARE HAPPENING.

THE CITY ENGINEER SAYS THEY BUILT THEM AND THEY BUILT A

[02:15:06]

THIS WAS A TOTAL FAILURE. THIS SHOULD NOT BE HAPPENING WHEN THERE IS A COLD OUT THERE AND THERE IS AN ENVIRONMENTAL ISSUE. THEY ALL MENTIONED THAT IN THE BUDGET. DALE AND CHARLIE, THEY DON'T DISAGREE ON THIS. SO HOPEFULLY WE WILL MOVE FORWARD IN A POSITIVE MANNER ENFORCING THE LAND DEVELOPMENT CODE. THE NEXT THING I WANT TO TALK ABOUT IS YOU SAW THE CORPS OF ENGINEER LETTER.

THIS TALKS ABOUT A FISCAL YEAR 2024 NOURISHMENT.

$21 MILLION. THE LOCAL SHARE THEY POINT OUT IS 4 MILLION DOLLARS PER THAT IS THE 79% WE HAVE ALREADY GOTTEN.

WHAT ISN'T THERE IS FOR THE STATE.

THAT CONSTITUTES $4 MILLION. WE STILL HAVE THE OPPORTUNITY I MENTIONED TO CHARLIE THERE WILL BE AN OPPORTUNITY TO APPLY --

APPLY FOR THE. >> FAILURE TO DO THAT WILL COST US 2 MILLION IN THE COUNTY 2 MILLION.

THE NEXT ITEM, IS A CLAM. THE COUNTY IS THE MANAGEMENT SYSTEM. THEY HAVE 750 APPLICATIONS IF YOU LOOK AT THE COUNTY ASSESSOR SITE, THEY DID TALK ABOUT SOME OF THE PRIORITIES. THEY HAVE GONE OUT AND SENT LETTERS TO EVERYONE. THEY WILL HAVE ANOTHER MEETING.

I ACTUALLY DID AND IT GIVES US THE OPPORTUNITY TO JUSTIFY OUR POSITIONS AND MAKE OUR CASE. FRIENDLY PUBLIC FLOATED PUBLIC WORKS UTILITIES HAS CHANGE AND UPDATE THEIR TURF WHICH ALLOWS US TO PUT IN LED STREETLIGHTS. THEY WERE PUTTING IN THE STREETLIGHTS BUT NOW THIS ALLOWS US TO DO IT AND WE CAN LOOK AT THIS CHAIR UP AND DETERMINE THERE ARE TWO LEDS WHAT THEY ARE AND WHAT WE WILL DO. THESE ARE COST FUNCTIONS.

WE DON'T OWN THE STREETLIGHTS WE RENT THEM.

WE RENT THE LIGHTS AND THE LIGHT REPLACEMENT IS IN THEIR.

THE COST, THE DIFFERENCE IN COST IS LIKE THREE OR $4 EACH.

WE LOOK AT THIS AND TELL THEM WHAT WE WANT.

WITHOUT ASKING US AND CHARGING US.

THAT IS THE GOOD NEWS FOR TONIGHT.

THANK YOU. I'M GETTING NEAR THE END SO I

WANT TO TAKE UP ALL OF MY TIME. >> CONGRATULATIONS AND.

>> JUST BRIEFLY I WILL MENTION THE THING I ALWAYS MENTION.

EVENTUALLY, AND ONE ON ITS WAY. THIS IS A GREAT THING AND CAN'T WAIT FOR ME -- MORE PEOPLE TO JOIN.

>> THANK YOU SIR. >> THE PORT AUTHORITY ON THIS MAGIC PLANT WILL BE ON THURSDAY JULY 28 RIGHT HERE IN THIS CHAMBER FROM 5:00 P.M. UNTIL 7:00 P.M.

THEY WILL PRESENT THEIR MASTER PLAN AND I HOPE AS MANY PEOPLE AS POSSIBLE AND IN THE COMMUNITY WILL ATTEND.

THE SECOND THING, IT CAME OUT LAST WEEK, THE COMPANY WILL INFRASTRUCTURE PARTNERS WHICH IS A JOINT VENTURE, AND SAVAGE ACQUIRED WORLDWIDE TERMINALS WHICH IS THE OPERATOR OF THE PORT. WE ALL KNOW MY FONDNESS FOR THE OPERATOR OF THE PORT. AND I LOOKED INTO THIS AND TRANSPORTATION PARTNERS THE JOINT VENTURE.

ONE CALLED BEACHWOOD AND THE OTHER WHO WAS THE MONEY PEOPLE

[02:20:04]

BETWEEN THEM THEY FOCUS ON ACQUIRING AND OPERATING CRITICAL TRANSPORTATION AND INFRASTRUCTURE, AND SAVAGE IS THE INVESTMENT IS THE OPERATOR OF THE INVESTMENTS.

THESE ARE NOT INSIGNIFICANT COMPANIES.

SAVAGE HAS OVER 200 LOCATIONS. ACROSS THE UNITED STATES.

THEY HAVE BEEN IN BUSINESS FOR 67 YEARS.

THIS IS APPROXIMATELY 4,000 TEAM MEMBERS AND 200 LOCATIONS.

I WENT TO THEIR LEGACY STATEMENT.

AND THAT IS SAYS WE VIEW THE ROLE OF MANAGERS AND EMPLOYEES AS STEWARDSHIP DOING WHAT IS RIGHT AND BALANCE FOR COMPANY AND CUSTOMERS. THEY ALSO SAY WE EXPECT ALL BUSINESS DEALINGS BE CONDUCTED WITH INTEGRITY ON THE BASIS OF WHAT IS FAIR AND HONEST. THIS CAME OUT AT THE PORT MEETING. ON THE FOLLOWING DAY I MET WITH GILBERT. AND HE IS BEST SAVAGE OPERATIONS DIRECTOR. AND HE WAS KIND ENOUGH TO MEET WITH ME FOR NOT WERE. TOOK ALL OF THE TIME IN THE WORLD ANSWERED MY QUESTIONS. HE SEEMED TO HAVE A COMMITMENT TO SAFETY AND WAS AWARE OF WHAT WAS EMBEDDED IN THE COMMUNITY AND CONSIDER PART OF THE THREE IS WHERE THEY ARE LOCATED.

I WILL NEXT LINE FRANK, FROM THAT CONVERSATION WHAT I HAVE READ ABOUT THEM, I AM OPTIMISTIC BUT NEW OPERATOR WILL WORK WITH THEM. I JUST WANT TO SAY WELCOME ABOARD. AND WITH THAT, COME AND THAT IS

COMING FROM ME, I AM DONE. >>) I OFTEN TALK ABOUT HOW PEOPLE MAKE UP THE FABRIC OF OUR COMMUNITY HOW WE LOSE THREADS, FABRIC, WE LOST STANLEY WHO IS AFFECTIONATELY KNOWN AS THE CHRISTMAS TREE MAN AND LOOKING AT COMMISSIONER BEAN AND COMMISSIONER STURGIS, LONG TIME RESIDENTS WHO PROBABLY HAD ONE OF THE CHRISTMAS TREES AT ONE TIME OR ANOTHER.

IT WAS ALSO KNOWN FOR HIS PASSION OF GROWING ROSES.

SO, A DEEP REGRET TO HIS FAMILY, HE WILL BE MISSED BY MANY ESPECIALLY HIS WIFE. SO REST IN PEACE.

AND COMMISSIONER ROSS MENTIONED THE PORT AUTHORITY OPEN HOUSE WHICH IS HERE ONE WEEK FROM THURSDAY.

GOOD LUCK. WE HAVE A PORT SURROUNDED BY AN HISTORIC DISTRICT WITH RESIDENTIAL STREETS.

I'VE MENTIONED THAT FREQUENTLY. THIS CITY WAS NEVER DESIGNED FOR INDUSTRIAL. AND SO THE CHALLENGE IS, HOW DO YOU GET TO WIN/WIN. I AM SURE YOU WILL HEAR A LOT ABOUT THAT IN THIS PUBLIC HEARING.

SO PLEASE ATTEND AND GIVE THEM YOUR THOUGHTS.

FINALLY THE POLICE FOUNDATION, WHICH SUPPORTS A LOT OF CAUSES.

THEY ARE HAVING THEIR SPAGHETTI AND MEATBALL DINNER ON MONDAY, AUGUST 1, 5:00 P.M.-8:00 P.M. I BELIEVE, AT THE VFW.

>> A MILLIE GET TAVERN. >> A BRILLIANT TAVERN, I STAND

* This transcript was compiled from uncorrected Closed Captioning.