Jan 17, 2023 Regular Meeting

[1. CALL TO ORDER]

[00:00:14]

ORDER. LET'S START WITH THE ROLLCALL.

>> PLEDGE OF ALLEGIANCE, FOLLOWED BY A PRAYER.

>> 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.

>> LET US PRAY. WE COME TONIGHT TO GIVE THANKS. WE THANK YOU FOR YOUR WONDERFUL AND PRECIOUS NAME. WE THANK YOU FOR OUR CITY AND FOR THOSE WHO HAVE CHOSEN TO LEAD US. WE THANK YOU FOR TONIGHT, AND HOPE YOU WILL HAVE YOUR WAY.

LET YOUR WILL BE DONE ON EARTH AS IN HEAVEN. WE PRAY IN JESUS

[4.2. PROCLAMATION - "DR. MARTIN LUTHER KING, JR. DAY"]

NAME, AMEN. >> WE WILL MOVE ON FROM THE PROCLAMATION . IT LOOKS LIKE WE HAVE A LOT OF PEOPLE HERE IN THE ROOM FOR THE PROCLAMATION, 4.2. I INVITE THE VICE MAYOR, PATRICIA THOMPSON, IT'S COME FORWARD TO ACCEPT THIS PROCLAMATION FOR MARTIN LUTHER KING DAY. AND WE ARE GLAD TO HAVE YOU AS WELL. EVERYBODY SHOULD COME UP . IF YOU FEEL

YOU SHOULD. >> MR. THOMPSON?

>> I GUESS WE CAN DO IT RIGHT HERE. I WILL START RIGHT NOW.

WHEREAS, THE REVEREND DR. MARTIN LUTHER KING JR. MOVED THE GENERATION TO ACTION AND CHANGE THE COURSE OF AMERICAN HISTORY. BEST KNOWN FOR HIS ROLE IN THE INVESTMENT OF CIVIL RIGHTS BASED ON CHRISTIAN BELIEFS. HE CHALLENGED AUTHORITIES RECOGNIZE INDIVIDUAL LIBERTY RELIES ON COMMON EQUITY. THE CIVIL RIGHTS MOVEMENT, THAT HE BUILDS FROM THE GROUND UP, FORCED OPEN THE DOORS OF NEGOTIATION, JUSTICE AND EQUAL OPPORTUNITY. HE DEVOTED HIS LIFE TO SOWING SEEDS FOR HOPE FOR A DAY WHEN ALL PEOPLE MIGHT CLAIM THE RICHES OF FREEDOM AND THE SECURITY OF JUSTICE.

THOUGH OUR NATION HAS MADE GREAT STRIDES SINCE THE TURBULENT ERA OF DR. KING'S MOVEMENT, HIS WORK IN OUR JOURNEY REMAIN UNFINISHED. WHEN OUR CHILDREN ARE FREE TO PURSUE THEIR FULL MEASURE OF SUCCESS, UNHINDERED BY THEIR GENDER, THE FAITH IN THEIR HEARTS AND THE PEOPLE THEY LOVE, THE FORTUNE OF THEIR BIRTH, OR THE COLOR OF THEIR SKIN. WE WILL HAVE REACHED OUR DESTINATION. THE LOSS OF DR.

KING'S LIFE WAS AN APPALLING MOMENT IN AMERICAN HISTORY.

HIS IDEALS OF EQUAL TREATMENT AND NONVIOLENT PROTESTS TO CONTINUE TO SHAPE THE LIFE IN THE UNITED STATES AND ABROAD.

NOT EVEN DEATH COULD DESTROY THE GOODNESS AND RIGHTEOUSNESS OF HIS DREAM. NOW, THEREFORE, I BY THE VIRTUE OF THE AUTHORITY VESTED IN ME AS THE MAYOR OF THE CITY OF FERNANDINA BEACH, FLORIDA, DO HEREBY PROCLAIM JANUARY 16TH, 2023, AS DR. MARTIN LUTHER KING JUNIOR DAY. AND URGE ALL CITIZENS TO OBSERVE THE HOLIDAY OF ONE OF AMERICA'S GREATEST MISSIONARY LEADERS BY ATTENDING THE APPROPRIATE CIVIC SERVICE PROGRAMS IN HONOR OF DR. KING'S LIFE AND LASTING LEGACY. THANK YOU TO ALL TO HELP PUT THIS ON. VICE MAYOR, PLEASE SAY SOME

WORDS. >> THANK YOU. THANK YOU. THANK

YOU. >> YOU REMEMBERED THE DREAM? TO THIS GREAT MAYOR. VICE MAYOR STURGIS, TO ALL THE COMMISSIONERS. TO THE CITY MANAGERS, CITY CLERK. AND TO AGNES WHITE AND MARTIN LUTHER KING. PARADE COMMITTEE. AFTER ALL OF THE GREAT CITIZENS. IT IS A GREAT HONOR, DIGNITY AND PRIDE TO ACCEPT THIS PROCLAMATION. WE ARE LIVING IN PERILOUS TIMES. A TIME WHEN SOME DON'T CARE ABOUT OTHERS.

DR. KING SAID OUR LIVES BEGIN TO END THE DAY WE BECOME SILENT ABOUT THINGS THAT MATTER. I HAVE A DREAM SPEECH

[00:05:03]

>> IT'S GOOD TO SEE YOU GUYS. >>

[4.1. PROCLAMATION - "FLORIDA ARBOR DAY"]

BEAN, HEREUNTO SET MY HAND AND CAUSE THE OFFICIAL SEAL OF THE CITY OF FERNANDINA BEACH, FLORIDA, TO BE AFFIXED THIS 17TH DAY OF JANUARY 2023. THANK YOU FOR YOUR HARD WORK. I THINK THIS IS SOMETHING WE SHOULD TAKE SERIOUSLY HERE IN FERNANDINA BEACH. THE TREES ARE IMPORTANT TO ALL OF US ALL.

YOU'LL SEE THIS ON YOUR CONSENT AGENDA. WE ARE ACCEPTING THE TREES TO BE ADDED TO OUR ROSTERS. THANK YOU FOR ALL THE GOOD WORK YOU DO. TELL US ABOUT THE GENERALLY 20TH EVENT WE HAVE. AND WHATEVER ELSE YOU WANT TO TALK ABOUT.

>> AT FRIDAY, AT 11:00, AT SUNRISE PARK, WE WILL PLANT FIVE TREES. TWO OAKS, TWO MAPLES, AND A CEDAR TREE. WE ARE EXCITED ABOUT IT. THE FLORIDA SERVICE IS ALSO HELPING US PLANT THOSE TREES. WE ARE LOOKING THROUGH THE FILES. WE REALIZED, WE PLANTED OVER THOUSAND TREES SINCE 2018 IN

THE CITY. >> I HOPE WE SEE YOU GUYS OUT THERE COME ON FRIDAY. WE ARE VERY EXCITED ABOUT THOSE AS WELL. WE WILL SEE THOSE LATER ON TONIGHT.

[00:10:02]

>> THANK YOU, AND WE THANK YOU FOR BRINGING THE WHOLE FAMILY OUT HERE. IT WAS GOOD TO SEE YOU, SIR.

>> ALREADY. ALL RIGHTS. FOR MOVING ON TO 4.3. OUR BUDGET

[4.3. BUDGET SUMMARY]

THE GENERAL FUND, DAILY REVENUE IS 64.1% OF THE ANNUAL BUDGET.

THIS IS DUE TO THE TIMING OF THE PROPERTY PACKS AND LOCAL BUSINESS TAX RECEIPTS. TAX COLLECTIONS ARE 15.5 MILLION AND 88.5% OF THE BUDGET. THEY ARE BELOW THE 25% MARK AT 19.4%. SOME DEPARTMENTS ARE OVER THIS MARK DUE TO THE ANNUAL SERVICE AND MAINTENANCE CONTRACTS. FOR THE CAPITAL IMPROVEMENT FUNDS , ENCUMBRANCES AND PAYMENTS HAVE BEEN MADE . STREETS, , STREETS AND THE GOLF COURSE MENU -- MOST OF THE UTILITY FUNDS EXCEED EXPENSES, WHETHER ANTICIPATED IN THE BUDGET. FOR THE MARINA, THE SYSTEM REPAIRS ARE COMPLETE. THE MARINA BEGAN TO DISPENSE FUEL AGAIN IN DECEMBER. DOES ANYBODY HAVE ANY QUESTIONS?

>> ANY QUESTIONS? THANK YOU SO MUCH FOR YOUR PRESENTATION,

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

IF YOU ARE A CITY RESIDENT, YOU GET TO SPEAK FIRST. AND THEN CITY RESIDENT NEXT. CITY RESIDENTS NUMBER ONE? HE CANNOT STAY LATE. WELCOME BACK, VICE MAYOR, --.

>> VICE MAYOR, YOU HAVE TO FORSAKE THE ADDRESS.

>> I ONLY GET THREE MINUTES, I KNOW. BRIEFLY, I CAME TONIGHT TO TALK ABOUT, AND AGENDA ON THE SEVENTH. IT WAS GOING TO BE ON THE AGENDA TONIGHT. I ACTUALLY SPOKE ABOUT THIS BEFORE MY TIME WAS UP. SUPPORTING LINE DEVELOPMENT CODE. AND I SPOKE ABOUT IT ABOUT THE PAB MEETING. THEY RECOMMENDED THE CODE BE ENFORCED. WHAT WE REALLY HAVE IS HIS SITUATION , WHERE THEY ARE PLANNING A PIECE OF PROPERTY. FOR WHATEVER REASON, THEY HAVEN'T APPLIED WHEN DEVELOPING CODE 10305. I'M NOT TO GET INTO THAT. BUT IT ESTABLISHES , WHEN YOU DEMO THE HOUSE, BECOMES A SIDE OF RECORD. THERE ARE FIVE SITES THERE. FOR WHATEVER REASON, THIS IS CONSISTENTLY BEEN DONE , I'VE BEEN TOLD. IT'S BEEN ON THE BOOKS FOR A LONG TIME. THE PAB DENIED THE REQUEST AND RECOMMENDED THE BOARD OF JUSTICE DO EXACTLY WHAT THE LAW SAYS. WE HAD MANY PEOPLE SPEAK BEFORE. WE HAD MR. STONE. AND SO, WHAT I WOULD LIKE TO SEE THE CITY COMPLY WITH THESE LAWS. AND THE BOARD OF ADJUSTMENT, AS THE PAB SAID.

I'LL USE THE REST FOR 3 MINUTES TO COVER A COUPLE OF OTHER THINGS. THIS HAS BEEN ON THE BOOKS FOR ABOUT 10 YEARS. THE CITY HAS GONE AROUND IT VARIOUS TIMES OF CIRCUMVENTED IT. I KNOW THIS HAPPENED BEFORE. IT WAS NEVER A BIG DEAL IN MY SEVEN YEARS, NOR IN MY SIX YEARS ON THE PAB. YOU LOOK AT 14TH STREET, THEY DEMOED A COUPLE HOUSES. HOW DID WE GET HERE, IGNORING THE SLAW AND DOING IT DIFFERENTLY? YOU SEE THREE AGENDA ITEMS. HOW DID THIS HAPPEN? IS A CHANCE TO GET IT RIGHT. LAST MEETING, THE CITY ATTORNEY GOT UP. THE CITIZEN SPOKE ABOUT IT, AND THERE WAS NO RESPONSE.

[00:15:02]

THEY HAD TO DO IT BECAUSE THEY DID IT, EQUALITY, AND ALL THOSE OTHER THINGS. THAT'S NOT TRUE. YOU CAN COMPLY WITH THE LAW. I WANT TO SEE, AND OTHERS AS WELL, WHAT IN THE PAST HAS HAPPENED? HOW DID IT OCCUR? ONE OF THE ITEMS, MOVING FORWARD IS, WHAT CAN WE GET FROM THE DEVELOPER IF WE ALLOW IT? WHAT DID WE GET FROM THE OTHERS IF WE ALLOWED IT? IS THAT EQUAL OPPORTUNITY? AS A BACKDROP. THERE IS NO REASON WE CAN'T APPLY THE SLAW. I FIND IT AMAZING THIS HAS GONE ON SO LONG. IT SHOULDN'T HAPPEN. THERE HAVE BEEN OTHER SUGGESTIONS , SHOULD THIS GO --

>> VICE MAYOR, YOU HAVE 30 SECONDS LEFT. 32ND WARNING.

>> I GOT YOU. IT CAN BE DENIED AND GIVEN AND END UP IN COURT OR WHATEVER. THIS IS IRRELEVANT. THE SLAW EXISTED.

THIS LAW EXISTED. WITH THAT, THANK YOU.

>> THANK YOU, VICE MAYOR, WE APPRECIATE YOU. TAMMY IS OUT.

WE HOPE SHE'S HAVING A GREAT VACATION. NEXT ITEM ON THE AGENDA. WE ARE STILL AT THIS ITEM. NEXT PERSON THAT WANTED TO SPEAK, IS --. WE WELCOME YOU TO THE PODIUM.

>> AS YOU COME DOWN, PLEASE OPEN WITH YOUR NAME AND STREET ADDRESS. LOOK FORWARD TO HEARING FROM YOU.

>> MY NAME IS VERY BRAVE MEN. I AM A NEW RESIDENT. I WANT TO SAY, I WANT TO THANK , THANK YOU FOR THE OPPORTUNITY AND LETTING THIS SPEAK. I DON'T HAVE A LOT OF EXPERIENCE FOR HOW YOU CONDUCT THINGS AROUND HERE. COMING AS AN OUTSIDER, THIS IS A VERY SPECIAL PLACE. SOMETIMES, WHEN YOU LIVE HERE, YOU MAY NOT RECOGNIZE THAT. BUT IT'S VERY OBVIOUS. I'M EXCITED TO BE HERE. AND BE PART OF THE COMMUNITY. MY ISSUE HAS TO DO WITH NATURAL GAS AVAILABILITY IN THE TOWN. I'M SEEKING TO HAVE A NATURAL GAS LINE EXTENDED. APPROXIMATELY, THEATER. THE PUBLIC UTILITIES COMMISSION INDICATED THIS WILL BE AT MY EXPENSE. IT IS CONSIDERABLE. I HAVE HEARD THE CITY COUNCIL PREVIOUSLY HAS ENDORSED THE PLAN TO EXPAND THIS GAS. AND COMPELLED COMMISSION , THE UTILITIES COMMISSION TO INSTALL A PROPER GAS LINE. MY FEELING IS THAT, COMING FROM THE OUTSIDE, IT MAKES SENSE TO DO SO. IT'S ECONOMICAL. IT'S A LOT MORE EFFICIENT, IN THE CASE OF STORMS. AND SEVERE WEATHER. WE DON'T HAVE TANKS OF HIGHLY FLAMMABLE PROPANE FLOATING AROUND THE NEIGHBORHOODS. I WOULD ASK THE COMMISSION TO STATED POLICY REGARDING THIS MATTER. IF THERE IS A WAY TO INFLUENCE THE PUBLIC UTILITIES COMMISSION TO INSTALL THIS , WHICH IS SEVERAL HUNDRED FEET .

IF THIS IS AN EXISTING POLICY OF THE CITY, COULD IT BE EXPEDITED OR APPLIED? WHO IS SEEKING TO USE A MORE EFFICIENT ENERGY SOURCE THAN WHAT IS CURRENTLY AVAILABLE.

ELECTRIC IS NOT VERY, IT'S EXPENSIVE. REQUIRES US TO BUILD POWER PLANTS. PROPANE IS FOUR DOLLARS A GALLON. VERY EXPENSIVE. I BELIEVE IT MAKES SENSE TO MAKE NATURAL GAS

AVAILABLE TO MORE RESIDENTS. >> THANK YOU SIR. CAN I ASK THAT THE CITY MANAGER PLEASE COME FORWARD FOR THIS ISSUE?

>> THANK YOU. >> THANK YOU, MR. BARRY, WE APPRECIATE YOU. DO WE HAVE AN EXISTING POLICY? CAN WE PLEASE GET THAT TO --, TO MAKE SURE HE KNOWS WHAT THE POLICY IS?

>> I'M NOT AWARE, PER SE. WE HAVE A GOOD RELATIONSHIP. I

[00:20:01]

THE ISLAND. >> PERFECT. WHEN YOU DO, PLEASE TELL US. WE HAVE PERMISSION AND REQUEST TO

SPEAK. PLEASE GO AHEAD. >> AS FAR AS I KNOW, THE NATURAL GAS AVAILABILITY ON THE ISLAND SPECIFICALLY FOR COMMERCIAL BUSINESSES. THAT IS WHAT THE LAST TIME I INQUIRED WITH THE VICE PRESIDENT . THAT'S WHAT HE INSTRUCTED ME.

IT'LL BE AT THE COST OF THE OWNER. I'M NOT SURE IF THIS WILL CHANGE. IF WE CAN REQUEST CERTAIN NEIGHBORHOODS. I ONLY KNOW WHEN NEIGHBORHOOD ON THE ISLAND THAT WANTED NATURAL GAS. BUT ANYWAY. I DON'T KNOW THAT WE EVEN HAVE A POLICY FOR THIS. I WOULD PROCEED WITH COST ANALYSIS. IF WE ARE INVOLVED. IT'S GOING TO BE AT THE UTILITIES EXPENSE. THEY REQUESTED CONSIDERATION FOR RUNNING THE NATURAL GAS LINE TO EXPLORE THEIR OPERATIONS. HE APPROACHED ME IN MY NEIGHBORHOOD. HE INDICATED IF THEY RAN THIS DOWN THERE, IT'S POSSIBLE TO EXTEND GAS INTO MY NEIGHBORHOOD. THERE ARE OPPORTUNITIES TO CROSS THEIR MIND. AGAIN. WHAT'S IT GOING TO TAKE TO RUN THE GAS? FURTHER IN THE ISLAND. I BELIEVE IT'S A LEGITIMATE QUESTION. AS HE INDICATED, THERE IS WIDESPREAD

INTEREST IN NATURAL GAS. >> OF COURSE. COMMISSIONER?

>> WE WENT DOWN THIS RABBIT HOLE SEVERAL YEARS AGO. IT'S CAN REQUIRE ENOUGH CUSTOMERS TO MAKE IT FINANCIALLY FEASIBLE FOR THEM. ONE CUSTOMER, THEY WON'T DO IT. IF YOU HAVE ENOUGH CUSTOMERS, 1000 PEOPLE WANTING NATURAL GAS, THEY WILL DO IT.

IF YOU HAVE ONE PRESENT, ONLY TWO PEOPLE, IT'S NOT CAN

HAPPEN. >> IT CAN'T HURT TO ASK.

>> HE WATCHES THESE MEETINGS, SO THIS PROBABLY AN EMAIL.

IT'S A GREAT COMPANY. WE APPRECIATE THE GUESTS. WE APPRECIATE THAT. WE HAVE ANOTHER REQUEST TO SPEAK FROM REBECCA --. THANK YOU VERY MUCH. FOR MY NAME IS REBECCA.

I HAVE A PROPERTY . >> I AM ALSO LIVING ON --. I HAVE BEEN NOTIFIED AND CALLED TO CODE ENFORCEMENT. DURING THE HEARING, I WAS TOLD I COULD APPEAL THIS DECISION. I CAN APPEAL IN DISTRICT COURT. I HAVE JUMP THROUGH HOOPS AND SPOKEN TO MANY PEOPLE , TRYING TO FIGURE OUT HOW THIS PROCESS WORKS. I FOUND OUT I CANNOT APPEAL IN DISTRICT COURT BECAUSE THE CODE ENFORCEMENT BOARD IS NOT -- I DON'T KNOW WHAT THE RIGHT TOURNAMENTS. IT'S NOT -- I DON'T KNOW WHAT THE RIGHT TERM IS. IT'S NOT THAT YOU GO TO COURT AND YOU APPEAL IT. THE ONLY WAY TO APPEAL THIS TO FILE MY OWN LAWSUIT AGAINST THE CITY OF FERNANDINA. HOWEVER, THE PROBLEM I HAVE, AND THIS IS COINCIDENCE, I'M SO GRATEFUL TREES ARE BEING PLANTED IN THE PART. IT'S A VACANT LOTS.

THEY'VE BEEN IN MY FAMILY SINCE THE EARLY 80S. FOR YEARS, THE CITY CUT A PORTION ADJACENT TO THE PARK. THEY HAD SOCCER PRACTICE IN STOCK. NOW, I'M TOLD THE PROPERTY WAS DISTURBED. WE MET WITH SEVERAL PEOPLE FROM DIFFERENT ENVIRONMENTAL ORGANIZATIONS. THE PLANTS ON MY PROPERTY, THEY

[00:25:05]

THERE IS THE FLORIDA STATUTE, 123 AND FOUR. THEY MAY NOT BE FORCED TO PROHIBIT ANY PROPERTY FROM IMPLEMENTING FLORIDA FRIENDLY LANDSCAPING ON HIS OR HER LAND. THEY WOULD FIND ME $50 A DAY FOR NOT HEADING DOWN WILDFLOWERS.

RIGHT NOW, THERE CUT DOWN, BUT THEY WILL GROW BACK. WHEN YOU ARE PLANTING TREES ON THE NEXT PROPERTY, WE REALIZE THE BENEFITS TO HAVE WILDFLOWERS. THERE WERE BEES EVERYWHERE WHEN I WENT DOWN TO CUT IT. I'M HOPING SOMETHING WILL CHANGE.

WE CAN'T GO AROUND TO ALL THE EMPTY LOTS. EVEN WITH PEOPLE'S YARDS THAT ARE GROWING THINGS, THEY HAVE THE SICK, YOU CAN

CUT IT DOWN. >> FAMILY LETS YOU HAVE SOCCER PRACTICE OCCUR ON THE LAND FOR FREE.

>> IT'S AT CITY PARK, THERE AT SUNRISE. THE CITY HAD ASKED.

I'VE HAD THE PROPERTY SINCE 2014, AFTER MY MOTHER PASSED AWAY, AND THEY NEVER ASKED ME TO CUT IT. I'M NOT HERE ALL THE TIME. IT GOT TO BE TOO MUCH. CUT THIS IF YOU WANT. I DIDN'T REALIZE IT WOULD COME BACK TO BITE ME NOW. SINCE THE CITY WAS CUTTING IT ALL OF THESE YEARS. THEY WANT ME TO KEEP ALL OF IT. THE WHOLE THING. SPECIFICALLY, THE WILDFLOWERS AND INDIGENOUS PLANTS.

>> THANK YOU FOR YOUR ANSWER. REVIEW WHAT SHE SAID. WHAT KIND OF CODE ENFORCEMENT IS IT? I WANT TO HEAR MORE ABOUT THIS CASE. GIVE ME SOME DETAILS ON THAT.

>> SHE KEPT A COPY OF THE EMAILS GOING BACK AND FORTH.

>> YES SIR. I WANT TO BE LOOPED IN THIS AS WELL.

>> YES, OF COURSE. THANK YOU.

>> COMMISSIONER ROSS? >> I WAS AT THE CODE ENFORCEMENT HEARING. WE ARE INTERFERING NOW WITH WHAT THEY CAME UP WITH? I WANT TO UNDERSTAND WHAT YOU ARE ASKING THEM TO DO. THE CODE ENFORCEMENT , THEY CAME WITH THE DECISION ON THIS. IT'S APPEALABLE TO THE CIRCUIT

COURT? >> I WANT TO SEE HOW THIS DECISION WAS MADE. I WANT TO SUMMARY SENT TO ALL OF US ABOUT WHAT LAW THIS IS. I REALLY WANT TO KNOW.

>> YOU CAN LOOK AT THE VIDEO AND LOOK AT THE MEETING. IT WAS A PROLONGED MEETING. THE KEY WORD IS, A PROLONGED MEETING.

THANK YOU, I APPRECIATE THAT. ON TOP OF THAT, I WOULD QUESTION THAT THE LAW SAYS, WE MUST CUT DOWN WILDFLOWERS. YOU MONEY -- YOU MIGHT WANT TO TAKE A LOOK AT THE SLOPE. THANK YOU, I APPRECIATE THAT. WE HAVE ANOTHER, FROM MR. LARRY HOGAN. PLEASE COME ON DOWN, WE WELCOME YOU.

>> GOOD AFTERNOON. LARRY HOGAN. CHIEF MICHELLE. AND, HONOR, AND OPERATOR , OF ACCESS COME AMERICA. I'M HERE TODAY TO ASK FOR A WORKSHOP WE CREATED TO DISCUSS ISSUES WITH

THE BUILDING DEPARTMENT. >> I THINK HE CAN ACCEPT THIS ON BEHALF. HE IS OUR STAND-IN.

>> THANK YOU. LET ME READ THIS BRIEF SYNOPSIS.

>> HERE TO REQUEST THIS WORKSHOP FOR THE DEPARTMENT, FOR --. ACCESS AMERICA. LOCAL CONTRACTORS, CITIZENS. WE BEEN HELD HOSTAGE AND HAVE BEEN FORCED TO ACCEPT THE VIOLATIONS ON THE FLORIDA STATE STATUTE. PERMIT FEES. IN THE FLORIDA BUILDING CODE. BY THE -- BUILDING DEPARTMENT. COPIES OF

[00:30:01]

THEY HAVE CHOSEN TO IGNORE THE LAW REQUIRING HIM TO ACCEPT THE USE OF -- SITUATIONS WHERE THE PROPERTY OWNER AND CONTRACTOR SUBMITS THEIR PLANS. I WERE FLORIDA STATES THAT CHOOSE ARE CLEAR. THERE ARE NO GRAY AREAS. AS LONG SINCE REQUESTED, IT HAS TO BE ACCEPTED. THERE IS NO, IT'S MY OPINION. HE CHOSE TO IGNORE THAT AND DO IT HIS WAY. ALONG WITH THAT, HE IS ALSO PROVIDED , AND THEY AUDITED ME MORE THAN FOUR TIMES PER MONTH. I WOULD LIKE TO SEE IF THAT IS COMMON THROUGHOUT. OR IF HE'S JUST MAKING COMPLICATED ENVIRONMENT THROUGHOUT MY COMPANY. WHAT HE'S ASKING THE CONTRACTORS AND HOMEOWNERS TO DO IS HAVE ENGINEERS PROVIDE DESIGNS FOR DIFFERENT PROJECTS NOT REQUIRED. IF IT'S LESS THAN A FEW ISSUES ON PLUMBING, THE CONTRACTORS CAN PROVIDE THAT. THAT A STATE LAW. LOCAL LAW CANNOT OVERWRITE THAT STATE LAW. YOU CAN'T FORCE SOMEBODY TO FORCE -- HE WON ACCEPT THAT. WE WANT TO DISCUSS -- AS WELL. THE TRANSPARENCY IS SHOWING WHY YOU'RE CHARGING $20,000 FOR THE BASE PERMIT FOR YOUR INSPECTIONS. I PROVIDED SOMETHING FOR THE COUNTY. HAVE A HOUSE ON ONE SIDE OF THE STREET. THE OTHER SIDE OF THE STREET IS $56,000. WHAT IS THE

COST SO MUCH TO TAKE THAT? >> THOSE ARE ALL GOOD QUESTIONS. I WILL AGREE. WE SHOULD LOOK INTO THIS DEPARTMENT. THAT IS SOMETHING I WANTED TO. WE HAVE FREE REAL ESTATE. THE SECOND MEETING IN FEBRUARY HAS AN OPEN SPOT, AND THE SECOND ONE IN MARCH HAS AN OPEN SPOT. WHICH YOU LIKE TO GET INTO THE DEPARTMENT WORKSHOP? WE CAN DISCUSS ISSUES LIKE THIS POSSIBLY, THE SECOND MEETING IN FEBRUARY.

THIS ATOMIC A GOOD THING TO DO? LOOKS LIKE WE HAVE PERMISSION AND CONSENSUS. MAKE THE SECOND MEETING IN FEBRUARY A BUILDING DEPARTMENT ON THE WORKSHOP. IF YOU CAN RELAY WHEN SHE GETS BACK, TAKE SOME OF THOSE AND MAKE THE AGENDA ITEMS. WE WILL ENSURE THE QUESTIONS THAT WE HAVE. WILL DO THIS THE SECOND MEETING IN FEBRUARY. BUT THAT, WE DO HAVE ONE MORE REQUEST TO SPEAK ON THE FLOOR. WE WANT TO SAY THE ITEM IS ON THE AGENDA COMING UP. IF IT'S OKAY WITH YOU, YOU CAN GO TEARING THE ITEM ITSELF. YOU CAN ALSO SPEAK NOW. WE WILL GIVE YOU THAT OPTION. I'LL CALL YOU UP LATER ON IN THE MEETING. THAT'S

[6. CONSENT AGENDA]

PLEASE CALL THE BOAT? >> THANK YOU SO MUCH. LET'S

[6.5. PROTECTED HERITAGE TREE DESIGNATIONS – VARIOUS LOCATIONS]

THIS IS RECOGNIZING SEVERAL OF THE TREES. ON PRIVATE PROPERTY. ONE ON PUBLIC LAND AS WELL. HE INDICATED HE WANTED IT PULLED OFF TICKETS AND SHIN.

>> WE HAVE THIS APPROVED SO WE CAN DISCUSS. I MAKE A MOTION

[00:35:02]

>> I WANT TO ECHO THAT. WE MENTIONED EARLIER, THIS IS TRULY A GREAT PROGRAM. TO PROTECT OUR HERITAGE TREES FOR THE FUTURE. THANKS FOR EVERYBODY'S WORK IN THIS.

MOVING ALONG TO ITEM SEVEN. >> WE NEED TO VOTE FIRST.

PLEASE CALL THE VOTE. >>

[7.1. WORK ORDER AMENDMENT - PASSERO ASSOCIATES, LLC]

>> THIS PASSES, 5-0. MOVE ON TO ITEM 7.1. SOLUTIONS, WORK

ORDER AMENDMENT. >> THIS IS RESOLUTION 2023/14.

IT INVOLVES EXTENDING THE CONTRACT THAT --. WE ARE EXTENDING THIS BECAUSE, WHEN WE GOT THE CONSTRUCTION, TRACT AVOIDED, WE PROVIDED SERVICES AS FAR AS RESPONDING TO --, HELPING WITH HIS ABILITY ISSUES. DUE TO SOME DELAYS WITH LOGISTICS AND DELIVERY. NO LONGER AVAILABLE. THE PROCESS TOOK LONGER THAN WHAT WE ORIGINALLY ANTICIPATED. WE NEED TO EXTEND THE CONTRACT WITH THE REST OF THE PROJECT TO GET IT DONE. DO I HEAR A MOTION FIRST?

>> I HEAR A MOTION TO APPROVE.

>> AND I SECOND. >> WANT TO DISCUSS? I'LL GO AHEAD. COMPARED TO OUR ORIGINAL BUDGET, ARE WE ABOVE

OR BEHIND? >> WE ARE UNDER 200,000 UNDER BUDGET. THIS IS NOT PART OF THE CONSTRUCTION BUDGET. BUT IT'S PART OF THE ADMINISTRATION BUDGET. THIS COMES OUT OF A

DIFFERENT AIRPORT FUNDING. >> THAT IS GREAT NEWS. WAS THE ESTIMATED COMPLETION DATE? OUR NEW FIRE STATION?

>> MIDDAY. >> THANK YOU SO MUCH. CAN YOU

PLEASE CALL THE VOTE? >>

[7.2. PROPOSAL APPROVAL - BOUND TREE MEDICAL, LLC. ]

>> THAT PASSES, 5-0. WOULD HE HAVE? TO IS NOT AVAILABLE.

HE'S HERE TO DISCUSS THIS ISSUE.

>> THIS IS RESOLUTION 2023. US TO EXTEND THIS NEW FISCAL

YEAR. ANYTHING THAT WE --. >> THANK YOU, SIR. HERE

MOTION? MOTION TO APPROVE ? >>

>> I SECOND. >> WE HAVE A SECOND OVER HERE.

CAN YOU PLEASE CALL THE VOTE? >>

>> THANK YOU SO MUCH FOR YOUR SERVICE, SIR. MOVING ON DOWN TO

[8.1. LAND DEVELOPMENT CODE TEXT AMENDMENTS - WATERFRONT DEVELOPMENT AND MARINAS ]

>> ORDINANCE NUMBER 2023 E- 01. AMENDING THE LAND DEVELOPMENT CODE. SECTION 1.07 .00, ACRONYMS. AMENDING SECTION 0.03. BEAT ASHEVILLE. BY ADDING MARINA AS A GOOD USE WITHIN RECREATION. THE ZONING DISTRICT.

>> THIS ONE IS NOT A PUBLIC HEARING. LET'S LOOK FOR A

[00:40:01]

MOTION. DO I HEAR A MOTION? >> I MAKE A MOTION TO APPROVE.

A MOTION IN THE SECOND. ANY DISCUSSIONS? SHE PREPARED A POWERPOINT PRESENTATION THAT SUMMARIZES THESE CHANGES. HERE IT IS. IN LAYMAN TERMS. SHE'S HERE TO ANSWER ANY QUESTIONS

SUCH AS YOURS. >> HI, GOOD EVENING, COMMISSIONERS. ESSENTIALLY, THESE ORDINANCES ARE POLICY CHANGES DIRECTED BY THE CITY COMMISSIONERS FOR THIS YEAR.

THERE'S A LITTLE TYPO HERE IN THE PRESENTATION, I APOLOGIZE.

WE ARE CORRECTING A MISSING REFERENCE TO THE TERM, WATER ENHANCE, FOUND IN CHAPTER 8. KEEPING CONSISTENT THROUGHOUT THE CODE. YOU'RE ALLOWING THEM TO --.

>> WE WANT TO PROVIDE SOME BACKGROUND ON WHY WE ARE DOING THIS. PART OF THE REASON FOR DOING THIS IS TO REZONE PARKING LOTS SEE AND THE RECREATION TO FORESTALL OR MINIMIZE COMMERCIAL MOMENT. THERE WAS A CONCERN WE WILL OVER COMMERCIALIZE THIS. BY CHANGING HIS RECREATION, WE PREVENT THIS. BUT THE USE WAS NOT PERMITTED IN THE USE. THAT IS WHAT IS STRIVING ADDING THIS TO USE ONCE WE RESULTED INTO RECREATION. THAT WAS THE GENESIS OF THE DISCUSSION.

THIS IS INTENDED TO RESTRICT COMMERCIAL DEVELOPMENT IN THE

WATERFRONT PARCELS. >> THANK YOU. WE APPRECIATE

BOTH OF YOU. >> I HAVE ONE QUESTION . THIS WOULD NOT RESTRICT ANYBODY ELSE THAT HAS PROPER ZONING? WHO DOESN'T DO ANY RESTRICTIONS ON THEIR , PER SE?

>> THIS GIVES YOU ADDITIONAL ALLOWANCE.

>> OKAY, THANK YOU. WITH NO FURTHER COMMENTS, CITY CLERK, CAN YOU PLEASE

[8.2. LAND DEVELOPMENT CODE TEXT AMENDMENTS - ACCESSORY STRUCTURES AND ACCESSORY DWELLING UNITS]

>> >> THIS PASSES, 5-0.

>> AND ORDINANCE OF THE CITY COMMISSION . AMENDING THE LAND DEVELOPMENT CODE, SECTION 1.07 .00. TO ADD DEFINITIONS FOR THE BUILDING AREA AND FRONT FACADE. AMENDING THE LAND OF THE CODE, 5.01 0.3 H. AMENDING SECTIONS 5.0 1.03 H.

ALLOW EVEN ACCESSORY STRUCTURES. ADDING SECTIONS --, INCORPORATING BUILDING HEIGHT MEASUREMENTS FROM AVERAGE NATURAL PEAK, , AMENDING SECTIONS -- I'M CLARIFYING THE MAXIMUM BUILDING AREAS FOR DETACHED ACCESSORY BUILDINGS. AMENDING SECTIONS -- TO CLARIFY ACCESSORY BUILDING HEIGHT MEASUREMENTS FROM AVERAGE NATIONAL , UNLESS LOCATED IN THE SPECIAL NATURAL FLOOD AREA. DIRECTING ACCESSORY DWELLING IN A PLACE BEHIND THE FRONT FACADE FOR THE PRINCIPAL STRUCTURES. TO CLARIFY ACCESSORY STRUCTURE HEIGHT CALCULATION WITH THE OT ONE, AND OT TO DISTRICTS.

PROVIDING FOR AN EFFECTIVE DATE AND ACCESSIBILITY.

>> DO I HEAR A MOTION? >> APPROVE, AND THE SECOND.

>> I WOULD LIKE TO BEGIN BY SEEING MRS. -- SLIDE.

>> TO PUT THINGS MUCH SIMPLER, THOSE ARE A LOT OF CHANGES.

[00:45:10]

THAT YOU MAY HAVE. >> I'LL START WITH COMMISSIONER

ROSS. >> WILL START THIS. THERE'S A TYPO , AT THE BOTTOM. WITH EXHIBIT A. THIS SHOULD BE FIXED. AND THEN, ON SECTION 8.0102 -- 8.0 1.02. YOU GOT RID OF THE WORD SHALLOW, HE PUT THE WORD --, CHANGE THIS TO THE WORD MUST. BECAUSE, MUST MEANS YOU HAVE TO DO IT.

THE ORIGINAL WORD MEANS YOU MAY DO IT. AM I CORRECT?

>> YES, WE CAN MAKE THAT CHANGE.

>> ALL RIGHT, NEXT? >> I SHOULD CLARIFY THIS QUESTION. BASICALLY, THE MAJORITY OF THIS COMING FROM ACCESSORY DWELLINGS. MEANS HE'LL PUT IT BEHIND THE PRINCIPAL STRUCTURE. I KEEP SAYING, WE SEE THE WRITTEN LANGUAGE. EXCEPT IN THE FLOOD ZONE. CAN YOU CLARIFY WHY IT

SAYS, EXCEPT IN A FLOOD ZONE? >> WHEN YOU ARE IN THE FLOOD ZONE, YOU ARE BUILDING HEIGHT MEASUREMENT. THE MEASUREMENT CHANGES AT THAT POINT. THAT'S RELATED TO THE HEIGHT MEASUREMENT. AT THAT POINT, WE GO FROM THE APPROVE STRUCTURE RATHER THAN A NATURAL STRUCTURE. FOR THE STATE OF LOCATION IS WHERE YOU MEASURE THE NATURAL LOCATION. CORRECT? THAT'LL BE WHEREVER IT'LL BE. TO BE APPROVED, WILL HAVE TO BE ABOVE THE FLOOD ZONE. OKAY. I UNDERSTAND THAT. WHAT ABOUT STRUCTURES THAT ARE ALREADY CURRENTLY BUILT? THERE HAS TO BE SOMETHING THAT GENERATED THIS. A STRUCTURE CURRENTLY BUILT IN FRONT OF THE PRIMARY STRUCTURE.

>> THEY WOULD BE ALLOWED TO EXIST AS A NONCONFORMING

STRUCTURE. >> OKAY, THANK YOU.

>> ANY FURTHER COMMENTS? CAN YOU PLEASE CALL THE VOTE?

>> I WANT TO MAKE SURE WE ARE PROVING THIS THE CHANGE OF THE

WORDS. >> THIS'LL BE INCORPORATED IN THE SECOND READING. WE WILL SEE THIS IN THE SECOND READING.

VOTE? >> WE MOVED TO APPROVE WITH

THE AMENDED STATES. >> SECOND. THAT IS THE FIRST

AND SECOND. >> WITH THAT, I WILL CALL THE

VOTE. >>

[8.3. LAND DEVELOPMENT CODE TEXT AMENDMENTS - SEASONAL SALES, OVERNIGHT PARKING, AND TEMPORARY PORTABLE STRUCTURES]

>> THIS PASSES, 5-0. MOVING ONTO A POINT B. PLAN DEVELOPMENT ON TEMPORARY AND PORTABLE STRUCTURES. WE HAVE TWO MORE OF THESE COMING UP. THIS IS GOING TO BE GOOD. IT

.3? >> AND ORDINANCE OF THE CITY COMMISSION, AMENDING THE LAND VELTMAN CODE. TO ALLOW AN EXCEPTION FOR OVERNIGHT PARKING WITHIN A PERMANENT AND SEASONAL CELL SITE. AMENDING THE SECTIONS TO ADD THESE AS TEMPORARY PORTABLE STRUCTURE AND EXTENDING THE DURATION OF TEMPORARY USE PERMITS. UNLESS MADE PART OF AN ACTIVE BUILDING PERMIT. PROVIDING ACCESSIBILITY AND

FORM FACTOR. >> DO I HEAR A MOTION?

>> I WILL SECOND THIS. >> ANY DISCUSSION? START AGAIN

HERE. >> THESE ARE ISSUED CHANGES TO ASK AND ADDRESS TRANSGRESSING. THE SECOND CHANGE ALLOWS FOR

[00:50:01]

>> THANK YOU VERY MUCH. THE DISCUSSION GO TO COMMISSIONER

ROSS. >> CHANGES ON CHAPTER 5, ON SECTION D. IT SAYS THE STORAGE PARK , POD, AND ROLLOFF DUMPSTERS MUST BE PLACED ON PRIVATE PROPERTY. I CAN TELL YOU, THERE ARE , IN MY NEIGHBORHOOD RIGHT NOW, THERE ARE TWO DUMPSTERS ON THE STREETS. THERE'S NO PLACE YOU CAN PUT THEM ON PRIVATE PROPERTY. THIS IS A DISCUSSION ON GOING THAT WE ARE ALLOWING 25 LOTS. CAN'T BUILD ON THE 25 LOTS AND HAVE A DUMPSTER ON THE PROPERTY. WHAT CAN WE DO

ABOUT THIS? >> I WILL LOOK INTO THIS. WE ARE GOING TO DO SOME ADDITIONAL SEARCHES.

>> IT JUST DOESN'T WORK, I MEAN.

>> WHAT WAS DISCUSSED WAS THE POSSIBILITY OF RECOGNIZING THESE UNIQUE CIRCUMSTANCES. IT ALLOWS FOR PERMIT TO BE ISSUED ON A SHORT-TERM BASIS TO ALLOW FOR THOSE LOTS ARE PRACTICALLY IMPOSSIBLE. ALLOW THE USE OF THESE RIGHT AWAY, AS LONG AS IT IS PRE- COORDINATED WITH THE CITY. THESE ARE SOME CHANGES THAT THEY WILL REVIEW. IN INCORPORATING THE SECOND

READING. >> SOUNDS REASONABLE. THANK

YOU SO MUCH. BY SMEAR? >> THANK YOU, MAYOR.

>> ONE OF THE STIPULATIONS FOR THIS IS, THIS IS FOR OVERNIGHT PEOPLE TO STAY TO MAN THEIR SITES. WHAT KIND OF SANITARY THINGS WILL BE REQUIRED OR NOT FOR THEM TO HAVE? IF THEY ARE OVERNIGHT STAYING? WILL WE REQUIRE THEM TO HAVE THIS? BEFORE WE LET ANY SORT OF CONDITIONS? NO REQUIREMENTS?

>> THIS IS FOR OVERNIGHT PARKING. FOR EXAMPLE, THE 14TH STREET PARCEL THAT SELLS THE CHRISTMAS TREES, THEY SELL THE FIREWORKS AND SEASONAL SALES, IT'LL ALLOW THEM TO LEASE THEIR CARS. THEY MAY HAVE ADDITIONAL STORAGE FOR MATERIALS IN THEIR CARS. IT'LL LET THEM PARK OVERNIGHT PARK.

>> IT'LL LET THEM OVERNIGHT PARK, BUT NOT SLEEP OR STAY? PARKING. FOR ALL RIGHT, THANK YOU.

>> I BELIEVE WE HAD A DISCUSSION ABOUT HOW TO ADDRESS THE PERMIT PROCESS FOR TEMPORARY DUMPSTER IS ON THE STREET. WILL YOU ACCEPT AN AMENDMENT TO YOUR MOTION?

>> I CERTAINLY WOULD. >> CAN YOU PLEASE CALL THE

VOTE? >>

>> THIS PASSES, 5-0. THANK YOU VERY MUCH. LET'S MOVE ONTO THE LAST ONE. JUST ONE MOMENT ON THAT .

>> DOESN'T HAVE TO BE AMENDED BY THE --. IF EVERYTHING CHANGES, WE MIGHT NOT BE ABLE TO GET THIS BACK.

>> UNDERSTOOD. COMMISSIONER ROSS?

>> I'M NOT ARGUING WITH YOU. BUT FOR FIVE YEARS, WE MAY CHANGES, BUT IT HASN'T BEEN GONE TO THE PAB. I'VE BEEN

SITTING ON THESE CHANGES. >> THANK YOU. THIS MAY OR MAY NOT BE TRUE. I WILL ACCEPT THESE SO FAR. I'LL BE WILLING TO SEND IT BACK. IT'S IMPORTANT THAT OUR LAWS ARE DONE CORRECTLY. I WILL LOOK AT THE AMENDMENTS. I APPRECIATE THE STUFF POSSIBLY WORKING WITH THE PAB, IF NEEDED. I APPRECIATE THAT, THANK YOU SO MUCH. DO YOU HAVE ANOTHER

[8.4 LAND DEVELOPMENT CODE TEXT AMENDMENTS - CANOPY ROAD DESIGNATION PROGRAM]

COMMENT? >> NO, THANK YOU.

>> THANK YOU, WE WILL LOOK FORWARD TO THAT. NOW, THE NEXT

TAX AMENDMENTS? >> THERE IS ONE MORE AFTER

THIS. >> BUT NOT THE LAND VELTMAN

CODES. >> AMENDING THE LAND VELTMAN CODE . PROVIDING DESIGNATION OF THESE CODES. PROVIDING FOR RESTRICTIONS ON TREE REMOVAL ON CANOPY ROADS. WE HEAR A

[00:55:08]

>> I WANT. THIS IS SELF-EXPLANATORY. THEY PROVIDE A PROCESS FOR DESIGNATING CANOPY ROADS WITHIN THE CITY. THIS ORDINANCE MIRRORS THE PROTECTIONS THAT ALREADY EXIST WITHIN THE COUNTY.

>> THANK YOU, WE APPRECIATE THAT. COMMISSIONER ROSS?

>> DO YOU RECOMMEND THIS BE ACCEPTED?

>> YES. IT'S GONE THROUGH THE PAB SEVERAL TIMES FOR

DISCUSSION AS WELL. >> OKAY.

>> ALL RIGHT. SEEING NO FURTHER DISCUSSION, I WILL COMMENT. THIS IS AN EXCELLENT THING. I THINK WE ALL LOVE CANOPY ROADS. THEY ARE GREAT. ALL OVER TOWN. WE CERTAINLY LOVE OUR TREES HERE ON THE BEACH. WE HAVE DONE A LOT FOR TREES TONIGHT. WHAT A GREAT DEAL THE COMMISSIONERS HAS DONE . CAN YOU PLEASE CALL THE VOTE, COMMISSIONER CLAIRE?

>> VELTMAN C >> THIS PASSES ONCE AGAIN.

[8.5 CODE AMENDMENT - ELECTIONS]

>> AND ORDINANCE OF THE CITY COMMISSION OF THE BEACH, BY CHAPTER 34 ELECTIONS. TO CHANGE THE CITY GENERAL ELECTION DATE TO COINCIDE WITH THE STATE PRIMARY ELECTION DATE, AUGUST. WE ARE APPEALING SECTION 34 E- NINE PROVIDED IN THE CITY CHARTER. TO CHANGE THE DATE OF THE ANNUAL ORGANIZATION TO COINCIDE WITH THE NEW CITY GENERAL ELECTION DATE PROVIDED FOR ACCEPTABILITY AND FOR AN ACCEPTED DATE. FOR DO I HEAR A

MOTION? >> A MOTION TO APPROVE.

>> A MOTION AND A SECOND. >> THERE IS A CORRECTION THAT IS TO BE MADE. INSTEAD OF SAYING THE FIRST TUESDAY OF SEPTEMBER, SHOULD BE THE FIRST TUESDAY OF NOVEMBER.

>> THANK YOU, THAT IS DULY NOTED. THAT SHOULD BE A MOTION

IN THE SECOND. >> NOTED.

>> EXCELLENT. WE HAVE A MOTION IN THE SECOND. WE WILL START WITH THE PUBLIC. ONCE AGAIN, WE WELCOME THE CHANCE FOR EVERYBODY HERE TO MAKE THEIR OPINIONS KNOWN. IF YOU WANT TO SPEAK, THE LATTER PAPER IN THE BACK. MAKE SURE GETS UP HERE.

THEY WILL MAKE SURE TO GET IT CALL YOU. I HAVE MANY REQUESTS SPEAK ON THIS. WE WILL START WITH YOU, WE INVITE YOU TO COME ON. THANK YOU FOR BEING WITH US TONIGHT.

>> MY NAME IS MARY --. 616, SPANISH WEIGHT USED. I'M CONCERNED ABOUT MOVING THE ELECTION TO AUGUST. AUGUST HAS A LOW TURNOUT FOR VOTES. BECAUSE OF THE WAY THINGS HAVE CHANGED WITH VOTING STATES, MAIL-IN BALLOTS , PRETTY MUCH EVERYBODY WAS WHITE OFF. EVERYBODY WILL HAVE TO RE-SIGN OFF FOR THE MAIL-IN BALLOTS. AND I CAN GET A VERY GOOD TURNOUT FOR THE NEXT ELECTION. WHY, ALL OF A SUDDEN, DO YOU WANT TO CHANGE THIS TO AUGUST? I GUESS IT, THERE IS A VERY LOW TURNOUT. I'M A LITTLE CONCERNED ABOUT THAT. I'M A LITTLE BIT SUSPICIOUS ABOUT THIS AS WELL.

>> THANK YOU MRS. MARY LIBBY. WE WILL DISCUSS THIS FOR LATER, AS WE MOVE FORWARD. CAN YOU PLEASE COME TO THE PODIUM? WE APPRECIATE YOU BEING WITH US TONIGHT.

>> WE APPRECIATE YOU. >> MY NAME IS SHEILA. I LIVE IN 5353 INDIGO STREET. I'M SPEAKING AS A PRIVATE CITIZEN.

I WOULD LIKE TO STOP, SAVE THE CITY OF JACKSONVILLE WILL BE HOLDING THEIR ELECTIONS IN MARCH . THEY SAVED ALL THE PRIMARY AND GENERAL ELECTIONS FOR THAT REASON. I WAS DISAPPOINTED THIS ELECTION SEASON TO HEAR ANYBODY IN THE CITY SPEAK OUT ABOUT THE PARTISANSHIP INTRODUCED DURING

[01:00:01]

I SITS ON AN ADVISORY BOARD WITH THE SUPERVISOR OF ELECTIONS. THERE ARE DATES THAT WOULD COINCIDE AND BE PROBLEMATIC FOR THE CITY TO MAKE THE CHANGE. I ENCOURAGE ANYTHING LIKE THIS BE DONE VERY CLOSELY WITH MRS. ATKINS AND HER GROUP TO LOOK AT WHAT THOSE CHANGES SHOULD BE FOR THE CITY.

THANK YOU. >> THANK YOU. I WILL OPEN THIS UP TO COMMISSION DISCUSSION. WE HAVE A LOT OF SLOW DRAWS.

WE WILL START WITH COMMISSIONER ANTOINE.

>> I HAVE A LOT OF RESIDENCE WHERE HE WOULD NOT HAVE A LOT OF TURNOUT FOR THE PRIMARIES. IT'S MY OPINION, THE KNOBS HAVE GREAT TURNOUT. THAT'S GREAT CONCERN TO THE RESIDENCE.

WE'RE LOOKING FOR A BALANCE. LESS THAN 20% TURNOUT. 20.25% TURNOUT. 2022 WAS A RECORD IN TURNOUT. FOR ME, THAT'S A JUSTIFICATION. IT'S NICE TO HAVE THESE NUMBERS. I'M HOPING TO HAVE MORE DISCUSSION ABOUT WHAT IS A MORE PRODUCTIVE ANSWER HERE. IT'LL CAUSE CONCERN FOR LOW TURNOUT ON THE

RUNOFF. >> DOESN'T MEAN IF THERE WAS MORE THAN THREE CANDIDATES , WILL THIS OCCUR ON THE PRIMARY

ELECTION? >> CAN YOU PUT UP HIS NUMBERS? IF THERE IS NOT, IN MY UNDERSTANDING WAS, THERE WERE MORE THAN TWO CANDIDATES. IT WOULD GO TO THE PRIMARY ELECTION. FINAL ELECTION WOULD BE IN NOVEMBER. IS THIS THE PROPOSAL? THAT'S NOT WHAT READS.

>> IS PROPOSING THAT, THE FINAL ELECTION, IF THERE ARE ONLY TWO CANDIDATES BE ON THE PRIMARY, CONNECT -- CORRECT? BASICALLY, WHAT IT SAYS, IF YOU LOOK, THERE IS A HUGE DISCREPANCY. I GOT THIS NUMBERS. SHE MAKES THIS REALLY EASY TO DO RESEARCH, IT'S AN IMPROVEMENT FOR THE SYSTEM.

THERE'S A HUGE DIFFERENCE BETWEEN THE PRIMARY, GENERAL ELECTION, AND THE PRIMARY ELECTION. AND THE RUNOFF ELECTION. WHEN YOU RAN FROM THERE, PICKING'S. WHEN YOU RAN, SHE WENT DOWN THE BALLOTS, THOUSAND PEOPLE VOTED IN THAT ELECTION. THIS HAPPENS FREQUENTLY IN CITY ELECTIONS.

ON THE DOWN BALLOT, WE SEE THE DOWN VOTE. THE UNDER VOTES, EXCUSE ME. THE UNDER VOTE SIGNIFICANTLY OCCURS IN THE PRIMARY. IT DOES NOT OCCUR IN THE RUNOFF. THE REST, THERE WAS ONE UNDER VOTES AND ONE OVERFLOW. SOMEBODY DID NOT VOTE AT ALL, AND ANOTHER VOTED FOR TWO PEOPLE. THIS IS PRESSING -- SUPPRESSING VOTER PARTICIPATION. I WILL VOTE AGAINST IT. TO THANK YOU, COMMISSIONER.

>> I WANT TO ECHO WHAT HE STATED ALREADY. I FEEL THE COST AND SAVINGS ALONE IS OF BENEFIT. TWO WEEKS FROM CHRISTMAS IS A TERRIBLE TIME. I KNOW, FROM MY ELECTION, STANDING OUT THERE IN THE FREEZING COLD , TRYING TO WONDER ABOUT AN ELECTION TWO WEEKS EARLY. PEOPLE ARE MORE

[01:05:04]

>> FINALLY. COMMISSIONER? >> THANK YOU, MAYOR. I RECEIVED QUITE A FEW EMAILS ON THIS AS WELL. I'LL TRY TO EXPLAIN THIS AS BEST AS I CAN. THAT THE FINANCIAL ASPECT OF THIS. BUT IT'S THE EFFICIENCY ISSUE, TO ME. THIS IS IF YOU LOOK. WE HAD COMMISSIONERS OF HERE GOING THROUGH THE PROCESS TRY TO CERTIFY THEY LOOK SINCE. WHEN WE HOLD ON ELECTION, IT'S NOT OVER WITH. IT'S NOT LIKE IT'S OVER WITH. BUT IT IS, FOR US. THE OFFICE HAS COUNTING AND CERTIFICATIONS. THIS LASTS FOR WEEKS. WHEN WE HAVE THE RUNOFF SO CLOSE, FIVE WEEKS, RIGHT AFTER THE GENERAL ELECTION , AND HEAVEN FORBID, THERE MAY BE A RECOUNT OR SOMETHING IN THE GENERAL. THE OFFICE IS TRYING TO DO ALL OF THESE THINGS, ON TOP OF STATE STATUES. THE ADVERTISED ELECTION. A VOTE BY MAIL THEY'RE TRYING TO GET OUT. IT'S A TEDIOUS PROCESS. THIS IS GIVING US PLENTY OF TIME TO HAVE AN ELECTION IN THE PRIMARY . THE RUNOFFS HAPPEN IN NOVEMBER. AND THE GENERAL.

IT'S AN EFFICIENCY THING. IT MAKES THE PROCESS SO MUCH EASIER. NOT TO MENTION, THE COST AND SAVINGS AS WELL. WE ARE ABLE TO, OFF OF THAT. THESE ARE THINGS THAT ARE REALLY GOOD FOR US. THIS HAS ABSOLUTELY NOTHING TO DO WITH PARTISANSHIP. IF YOU LOOK AT IT, THERE ARE PLENTY OF NONPARTISAN RACES THAT HAPPEN IN AMERICA. NUMBER ONE, THE SCHOOL BOARD. NUMBER TWO, THE NONPARTISAN RACE THAT HAPPENS IN THE PRIMARY. AND WE HAVE OUR WIDGET JUST AS WELL. THIS IS A GOOD CHANGE. IT'S EFFICIENT. IT'S DOING WITH GOVERNMENT NEEDS TO DO. THAT'S IT. THANK YOU, MAYOR.

>> I WANT TO CLOSE OUT THIS DISCUSSION BY ADDRESSING A FEW DIFFERENT THINGS. IT'S A COMBINATION OF EMAILS THAT I GOT. YOU CAN LEAVE THESE NUMBERS OUT, IF YOU DON'T MIND.

WHAT THIS DOES IS IT MOVES THE FIRST ELECTION TO THE PRIMARY. IF YOU LOOK , WITH THE EXCEPTION OF 2016, THEY ALL GO TO RUNOFFS. IT IS MOST LIKELY GOING TO A RUNOFF. THE MOST IMPORTANT THING TO ME IS TO ENSURE WE HAVE HIGH VOTER TURNOUT, NO MATTER WHO YOU ARE. YOU DESERVE A CHANCE TO GO TO THE POLLS. THE BEST WAY TO DO THIS IS TO ENSURE YOU GO TO THE ELECTION WITH THE MOST VOTES. THIS IS SOMETHING THAT WAS BROUGHT FORWARD. THE CHARTER REVIEW COMMITTEE IN 2020. THIS WAS TWO YEARS AGO. THE COMMUNITY GETS TOGETHER TO REVIEW THE CHARTER. THIS REQUIRES A CHARTER AMENDMENT.

I WANT TO ADDRESS THE PEOPLE THAT READ TO ME. IT REALLY WAS NOT. WE PUT THIS ON FOR THE PUBLIC VOTE. BUT THE COMMISSION PREVIOUS TO THIS TOOK IT OFF. THEY DIDN'T LET THE CITIZENS VOTE. THEY NEVER HAD AN OPPORTUNITY TO VOTE ON ISSUES PERTAINING TO THINGS LIKE THIS. IT'S WHAT I WANT TO CLARIFY IN THESE EMAILS. THE CITIZENS NEVER HAD A CHANCE TO VOTE. IT'LL BE VERY POPULAR FOR THE CITIZENS TO VOTE IN THIS METHOD. IT'LL BE IDEAL. MAYBE NEXT TIME, WE CAN LOOK AT THIS AGAIN. BUT WE CAN'T WAIT A DECADE TO FIXING THIS PROBLEM. BIOMETRICS, THIS IS HIGHER TURNOUT. IN EVERY CASE, THE PRIMARY, BY ALL METRICS, HAS A HIGHER TURNOUT THAN THE RUNOFFS. ON THE RUNOFF DAY, THERE IS NO EARLY

[01:10:03]

THANK ALL OF THOSE HERE. >> I HAVE A QUESTION, SIR.

>> COMMISSIONER ROSS? >> I BELIEVE YOU JUST SAID THERE WAS NO EARLY VOTING IN THE RUNOFF ? IS THAT TRUE?

>> YOU CAN VOTE IN THE OFFICE.

>> I VOTED OFFICE. >> YOU CAN VOTE BY MAIL AND

BALANCE AS WELL. >> THERE WAS EARLY VOTING. I WAS SAYING, WE DON'T SPEAK FOR THE -- FROM THE CROWD. YOU

MUST COME UP TO THE PODIUM. >> THEY SPEAK FOR THEMSELVES.

I WILL REITERATE ALL OF THIS. LET'S CALL THE VOTE.

>>

[9.1 AMENDING THE MASTER FEE SCHEDULE]

>> ORDINANCE DASH 37. ESTABLISHING AND AMENDING THE SURCHARGE FEES FOR THE WASTEWATER FOR THE FISCAL YEAR, 2022 AND 2023. I DID PROVIDE A HANDOUT TO EXPLAIN THE STORMWATER FEES . HE HAS A PRESENTATION TO FURTHER EXPLAIN THIS. LET'S CALL UP HIS PRESENTATION.

>> THANK YOU VERY MUCH. UTILITIES DIRECTOR OF THE CITY.

I WANT TO CLARIFY I RECEIVED SOME QUESTIONS FOR THE CITY MANAGER OF THE BOARD. ASSUMING THOSE QUESTIONS ARE COMING. I WILL PROCEED WITH THE PRESENTATION.

>> THANK YOU. FIRST OF ALL, THERE ARE TWO MINOR CHANGES UNDER THE WASTEWATER FEE SCHEDULE. IT WAS TO DIRECT AND CLARIFY THE CLERICAL ERROR. THE 25% SURCHARGE THAT IS CHARGED TO NON-CITY RESIDENTS. IN THE UTILITY SYSTEM, IT'S ONLY APPLICABLE TO THE MONTHLY RATES. AND THE CONNECTION CHARGES. NOT THE EXTENSION CHARGES. THEY HAVE NOT BEEN SUBJECT TO THOSE 25% SURCHARGES. IT WAS UNCLEAR WHAT THE LAST PROFESSION. THE CAPACITY FEE. FOR CONTROL WATER. REVOLVES AROUND THE WATERFRONT. THE STORMWATER PROJECTS. IT BEGAN THIS PROCESS. IT'S AN OVERARCHING

[01:15:04]

AND CALCULATED THE UNIT COSTS. ESSENTIALLY. I WILL -- I RAN A PRELIMINARY ANALYSIS FOR THE PROJECTS THAT ARE LIKELY TO CONNECT TO THE STILLWATER SYSTEM. A LOOK THAT WOULD IMPACT IS TO THOSE DEVELOPMENTS. THE BLUE COLUMN ON THE RIGHT IS THE OVERALL COST TO CONNECT. THIS IS CURRENTLY UNDER CONSTRUCTION. THIS IS A REDEVELOPMENT, THEY ARE ADDING A PATIO AREA AND OTHER SITE IMPROVEMENTS. THE PAVILION PROJECTS, IT IS THE PROPOSED SPECIAL EVENT LOCATION. THE OTHER WHEN I DID WAS THE STANDARD MARINE SUBJECTS. CONTEMPLATES REDEVELOPMENT OF ALL THE UNDERDEVELOPED PROPERTY. THAT'S THE LARGEST IMPACT , FEE WISE. AND THE LARGEST PROJECT. IT'S THE MOST LIKELY DENSELY DEVELOPED TOWN. IT'S A FREE THROW REVIEW. IT'S A TECHNICAL PROCESS. OTHER ANY QUESTIONS REGARDING THIS?

>> WE DO HAVE ONE FROM BY SMITH STURGIS.

>> THANK YOU, MAYOR. I HAVE A FEW QUESTIONS. I WILL TRY TO BE BRIEF. TO SEE IF YOU CAN NAVIGATE ME THROUGH TO THE LAYMAN'S TERMS. THESE PROJECT CAUSE THAT SHE BROKE DOWN FOR EACH AND EVERY ONE OF THESE THINGS, I ASSUME THEY WILL TIE

INTO THE STORMWATER SYSTEM. >> WHAT IS THE COST ON THE END

LINE? >> LIBERALLY.

>> BLUE IS THE TOTAL

THE SIDE. >> THIS IS AN GOLD ? IS IT COMMERCIAL IN GENERAL? ANY REDEVELOPMENT ANY DEVELOPMENT.

IN A PROJECT THAT GENERATES REQUIREMENT FOR THE STORMWATER SYSTEM IS ELIGIBLE TO CONTINUE THIS OFF-SITE SYSTEM.

>> GOT YOU. IT SOUNDS GREAT TO ME. IT'S AN AWESOME ADDED ADDITION. SO THE CITY CAN GET SOME INCOME.

[01:20:03]

>> IT OFFSETS SOME OF THE PROJECT AND MAINTENANCE COSTS.

WE ARE IN THE PROCESS OF WAITING ON A CALL FOR ENGINEERS. WE HAVE A STORM WATER FILTRATION SYSTEM AT THE END OF OUR STREET. OPEN UP AN OPPORTUNITY FOR THOSE OVER THERE. THIS WILL BE OPENED UP WHEN WE GET THE PROJECT MOVING

FORWARD. >> THIS IS THE GOVERNMENTAL SIDE THAT HAS TO ASK THIS QUESTION. 15 TO 20 YEARS FROM NOW, AFTER WE INSTALL WHATEVER SYSTEM YOU PUT IN, WHAT WILL

HAPPEN? >> ONE OF THE ELEMENTS INCLUDED IN THE ORDINANCE, RIGHT NOW, EVERYBODY PAYS STORMWATER MAINTENANCE AND UTILITIES. IF YOU HAVE AN ON-SITE SYSTEM, YOU RECEIVE 50% DISCOUNT. THIS WILL NOT RECEIVE THE DISCOUNT. THEY DON'T HAVE AN ON-SITE SYSTEM.

THIS WILL HELP CONTRIBUTE TO THE ONGOING MAINTENANCE COSTS.

THIS POINT? >> YES.

>> OKAY. THAT'S ALL MY QUESTIONS, THANK YOU.

>> YOU GOING TO TAKE THE DEVELOPER, THE DEVELOPER TAKES THE UNTREATED STORMWATER INTO THE SYSTEM. SO THE DEVELOPER

DOESN'T PAY ANYTHING . >> THEY HAVE THAT OPTION, YES.

>> YOU HAD TO HAVE THIS TREATED ON THE PROPERTY . THIS

IS REPLACING THAT? >> IS PROVIDING THE OF SINCE REPLACE IT. YOU CAN LEAVE THIS ON THE PROPERTY, CORRECT?

>> CORRECT. >> THE ONLY PLACE THIS IS BEING OFFERED IS --. IT'S NOT BEING OFFERED THROUGHOUT THE

REST OF THE CITY. >> REQUIREMENT FOR THE PROPERTY IS --. THIS IS ONE PART OF THE PUZZLE. THEY REQUIRE THE INFRASTRUCTURE IS IN PLACE BEFORE THEY WILL ISSUE THIS PERMIT. RIGHT NOW, THIS STREET IS THE ONLY ONE THAT IS AVAILABLE. MOVING FORWARD, WE HAVE GRANT FUNDING , WHICH WILL

OPEN UP FOR THE PROCESS. >> THIS IS A GENERAL THING YOU

CAN DO THROUGHOUT THE CITY? >> ISOLATED THROUGH THE PROJECT

AREA? >> THAT'S WHAT I THOUGHT. I'M

JUST MAKING SURE. >> HOW DID THIS COME ABOUT? WHAT BROUGHT THE SYSTEM AND NEED FOR THIS? FOR ITS BE

DISCUSSED? >> THE CONCEPTUAL PERMIT WAS A REQUIREMENT. IT WAS A LITTLE BIT OF SPACE. THERE WAS A LOT OF IMPACT.

BECAUSE IT IS IN THE RIGHT-OF-WAY AND A MUNICIPAL PROJECT, THIS WAS THE PATH THEY REQUIRE US TO GO.

>> THE ABILITY OF OTHER PROPERTY OWNERS TO UTILIZE THE CAPACITY IN THE SYSTEM WAS AN ADDED BONUS. WHEN YOU LOOK AT THE PROPERTIES OF THE LOT LINES, THE HISTORIC DISTRICT, IT DOESN'T WORK WELL WITH CONVENTIONAL STORMWATER

TREATMENT. >> IT WAS KEY IN THIS.

>> YES. >> THANK YOU. WE WILL NOW OPEN THE PUBLIC HEARING. ANYBODY WISH TO SPEAK ON THIS MATTER? LET'S CLOSE THIS PUBLIC HEARING. THANK YOU VERY MUCH.

MOVING ON . >> LET'S VOTES.

[01:25:03]

>> I THINK WE HAVE A MOTION.

>> I MAKE A MOTION TO APPROVE. ANY OTHER DISCUSSION? WILL

YOU PLEASE CALL THE VOTE? >>

[10. CITY MANAGER REPORTS]

>> THIS PASS IS 5-0. MOVING ONTO ITEM 10.

>> YOU WILL BE RECEIVING AN OFFICIAL INVITATION, FEBRUARY 5TH, TO THE PLAYGROUND DEDICATION AT CENTRAL PARK. WE EXTENDING THIS INVITATION TO BID OFFICIALS THROUGHOUT THE REGION. YOU'LL GET A FORMAL INVITATION THIS SUNDAY. I'LL GIVE YOU THAT. ANOTHER REMINDER. FEBRUARY 8TH IS THE ANNUAL GOAL SETTING SESSION. THEY ARE FACILITATING THE PAST SEVERAL TRADITIONS . EXPECT HER TO REACH OUT TO YOU TO FIND OUT WHAT IS ON YOUR MIND. ON HOW TO PROCEED WITH THE DEVELOPMENT OF THE AGENDA. BUT THE VISION SESSION. THE MORNING SESSION WILL BE STAFF PRESENTING REPORTS. WE ARE PREPARING AN ANNUAL REPORT THAT WILL BE PUBLISHED AND DISTRIBUTED TO THE RESIDENCE, TO BE USED LATER. STAFF WILL PROVIDE A SUMMARY IN THE MORNING. IN THE AFTERNOON, KNOWING YOU HAVE BACKGROUND INFORMATION FOR EACH DEPARTMENT, YOU CAN MOVE FORWARD WITH YOUR GOAL SETTING SESSION IN THE AFTERNOON. I KNOW YOU'VE BEEN SENT TO MENU, FOR LUNCH. I'M PLEASE TO RESPOND. RESPOND TO WHAT YOUR LUNCH PREFERENCES ARE. ANY

MORE QUESTIONS? >> I HAVE A QUESTION. WILL THERE BE A CITY ATTORNEY REPORT?

>> DO YOU HAVE ONE? >> I'LL ASK MY QUESTION DURING

THE CITY ATTORNEY REPORT. >> I'LL TELL YOU WHAT. WE WILL WAIT FOR THE CITY ATTORNEY REPORT. THEN WE WILL ANSWER

YOUR QUESTION. >> GREAT.

>> I DO HAVE A QUESTION, IF YOU CAN PLEASE GO TO BRIEF DETAIL.

THIS WAS IN THE NEWSPAPER, AND WE SHOULD TALK ABOUT THIS HERE.

CAN YOU PLEASE TELL, WHAT'S THE STATUS ON ATLANTIC SEAFOOD? WHAT'S THE STATUS ON A QUESTION MARK CAN GO THROUGH

THIS. >> THERE WAS A CHANGE OF OWNERSHIP. IT TRIGGERED AN INSPECTION BY THE STATE DEPARTMENT OF AGRICULTURE. THEY CAME HERE AND FOUND THAT THE CONNECTION WAS NOT TO THE CITY'S WATER SYSTEM. THEY DID NOT HAVE BATHROOMS. THE EMPLOYEES A BIT MANIC CITY -- THEY HAS GO USE THE RESTROOM. THEY ARE SCHEDULED TO MAKE THE CONNECTION FROM HIS END YESTERDAY.

>>

[11. CITY ATTORNEY REPORTS]

>> LET'S GO TO THE CITY ATTORNEY REPORT.

>> YOU HAVE A QUESTION FOR OUR STANDING CITY ATTORNEY?

>> I DO. I AM CONCERNED THEY HAVE NO LIABILITY COVERAGE FOR THE CENTER STREET BUILDING. IF THERE IS ANY INJURY OR DEATH RELATED TO THE BUILDING CONDITION. THE BASIS OF MY CONCERN IS, THE CITY HAS ISSUED A NOTICE AMONGST THE BUILDING AND INTENTION TO CONDEMN THE BUILDING. THE NOTICE STILL IN EFFECT. THERE IS NO SIGN POSTED AS REQUIRED BY THE NOTICE SOMEONE THE PUBLIC. THE BUILDING STILL BEING USED FOR A RESTAURANT AND A SHOP. THE CITY CARRIES CASUALTY LIABILITY INSURANCE. THE BUILDING IS NOT LISTED IN THE CITY'S POLICY. THE APPLICATION FOR THE INSURANCE, THE BUILDING DID NOT DISCLOSE , THE CITY DID NOT DISCLOSE TO THE INSURER

[01:30:04]

OF LIKE TO KNOW IF IT IS OUR POLICY AS THE CITY COMMISSION TO ACCEPT THE RISK OF THE CLEARING THE BUILDING AND PHASE AND IGNORING THE PROBLEM. TO ACCEPT THE RISK OF WINNING THE PUBLIC -- WARNING THE PUBLIC THAT THE BUILDING IS UNSAFE.

THE POSSIBILITY OF HAVING NO INSURANCE TO PAY FOR ANY DAMAGES EVENTUALLY OR DEATH DUE TO THE UNSAFE CONDITIONS. I WANT TO HEAR FOR THE CITY -- FROM THE CITY ATTORNEY WITH THE

LIABILITY IS. >> BASICALLY, WHEN THOSE DOCUMENTS GOT FORWARDED OUT, HE HAD A CHANCE TO REVIEW THOSE. THE BASIC PREMISE IS, THE COMMISSIONERS ARE PERSONALLY LIABLE. WHAT YOU THINK ABOUT THAT?

>> I DON'T THINK THE COMMISSIONERS ARE PERSONALLY LIABLE. IT DOESN'T MEAN THE COMMISSIONERS WILL BE NAMED AS INDIVIDUAL DEFENDANTS IN A LAWSUIT IF THERE WERE SUCH AN EVENT. I DON'T THINK THERE IS A BASIS FOR PERSONAL LIABILITY.

THAT IS TWOFOLD. YOU HAVE QUALIFIED IMMUNITY AND ABSOLUTE IMMUNITY. IT DEPENDS ON THE CIRCUMSTANCES. QUALIFIED IMMUNITY IS SENT OUT AS PART OF MATERIALS DISTRIBUTED BY MR. MARTIN. THERE IS NO LIABILITY UNLESS THERE WAS AN AWFUL -- UNLAWFUL AND MALICIOUS INTENT. IT WAS A WILLFUL DISREGARD FOR THE SAFETY OF PEOPLE OR PROPERTY.

THAT'S THE QUALIFIED IMMUNITY. THERE IS AN ABSOLUTE IMMUNITY WHEN IT IS PURELY LEGISLATIVE ACTION. ANYTHING DONE IN THESE CHAMBERS BASED ON THESE VOTES, IT WOULD NOT ALLOW SOMEBODY TO MAKE A CLAIM FOR INDIVIDUAL LIABILITY. IT'LL BE ABSOLUTE IMMUNITY. A LOT OF CIRCUMSTANCES IN THIS CASE, WHETHER THE ALLEGATIONS OF ACTIONS THAT TOOK PLACE ASIDE FROM THE VOTE AND MEETING. CERTAINLY, AND THOSE TYPES OF PLACES ABSCESS CASES, THERE CAN BE A CAUSE OF ACTION STATED BY THE PERSONAL LIABILITY. NONE OF THE COMMISSIONERS HAVE TAKEN ANY ACTIONS TO WHAT HAPPENS PUBLIC MEETINGS. WITH THAT BEING THE CASE, THIS ABSOLUTE IMMUNITY WOULD APPLY.

CAN PREVENT SOMEBODY FROM FILING THE SUIT. WHETHER IT'LL ULTIMATELY PREVAIL, IT DOESN'T SEEM AT THE CASE WOULD PROVE THAT. TO COMMISSIONER ROSS'S POINT, THERE IS THE POTENTIAL FOR LIABILITY FOR THE CITY. BASED ON THE FACTS OF THIS CASE, YOU HAVE THE KNOWLEDGE OF AN UNSAFE CONDITION AND THE PROPERTY OWNED BY THE CITY. THE CATASTROPHIC EVENT WOULD HAPPEN, THERE WAS A POTENTIAL FOR LIABILITY. THE DEFENDANTS WOULD BE THE CITY, BILL PRATER, AND THE LIEUTENANT. AND THE OPERATOR. IT'LL BE PROBLEMATIC IF THERE WAS NO INSURANCE COVERAGE. I HAVE NOT REVIEWED ANY OF THE PROPERTIES AND POLICIES. I'M NOT A POLICY EXPERT AS FAR AS POLICIES GO.

[01:35:06]

>> IT DOES, THANK YOU VERY MUCH. LET'S ASK HER BUT THIS INSURANCE QUESTION. WOULD YOU GUYS THINK?

>> I AGREE WITH THAT MYSELF. FOR HER TO BE HERE. I WANT TO HEAR FROM ANY INSURANCE AGENT, AS FAR AS WHAT COVERAGE WOULD WE HAVE. MY BIGGEST QUESTION IS, WHY ARE WE PICKING THIS, SPECIFICALLY, IF WERE NOT REVIEWING EVERYONE OF THIS SPECIFIC PROPERTIES? ARE THERE OTHER PROPERTIES THE CITY DOESN'T CURRENTLY HAVE INSURANCE ON? WE DO A FULL-SCALE RESEARCH OF ALL PROPERTIES? WE KNOW THEY CURRENTLY HAVE A POLICY. TYPICALLY, IN MY BUSINESS, I HAVE LIABILITIES AS WELL. JUST SPECIFIC POLICIES IF WE WERE NOT HAPPY WITH THE COVERAGE THEY ARE NOT PRODUCING FOR THE BUILDING. BUT CONCERNS ARE THE LIABILITY. I'LL BE HIGHLY CONCERNED ABOUT THIS LIABILITY MYSELF. I THINK WE SHOULD WAIT FOR HER. FOR HER TO COME BACK TO TRESPASS.

>> THANK YOU, VICE MAYOR. >> THIS IS THE ONLY BUILDING WE HAVE AN UNSAFE NOTICE AGAINST. IT HAD NOTHING TO DO WITH ANYTHING ELSE. THERE ARE AT LEAST OTHER BUILDINGS. I BROUGHT THIS UP AT THE CITY ATTORNEY THAT WE DON'T HAVE COVERAGE ON. WHATEVER IT IS. OUT AT MAY BEACH. THERE ARE ONE OR TWO OTHERS. WE CERTAINLY CAN WAIT TWO WEEKS FOR THE CITY ATTORNEY TO COME BACK. IF HE HAD HER OWN BUSINESS, YOU BASICALLY GO IN BEAR. YOU HAVE NO LIABILITY INSURANCE. THE CITY HAS NO LIABILITY INSURANCE AT THIS POINT. YOU ARE BASICALLY GOING IN THERE. IT'S LIKE PRACTICING MEDICINE WITH NO INSURANCE. IF YOU THINK THAT'S GOOD IDEA FOR YOUR BUSINESS, THAT IS FINE. WE SHOULD NOT WAIT TWO WEEKS FOR THEM TO COME BACK. THE CITY ATTORNEY KNEW ABOUT THIS. I SENT A LETTER TO HER, AND SHE CHOSE NOT TO DEAL WITH IT. I DON'T KNOW WHY WE SHOULD WAIT TWO WEEKS. I DON'T THINK YOU WOULD GO TO WORK AS A FIREFIGHTER IF YOU HAD NO INSURANCE. YOUR PLAN WOULD NOT CONTINUE TO OPERATE WITHOUT THAT INSURANCE. FOR US TO LEAVE THIS CITY BEAR FOR TWO

WEEKS IS INAPPROPRIATE. >> ALL RIGHT. WHEN SHE GETS BACK, ONLY SHE CAN TELL US. ARE WE NOT RUNNING WITHOUT INSURANCE? I THINK THEY CAN TELL YOU THEY MAY OR MAY NOT.

THAT'S A QUESTION FOR AN ATTORNEY. WE CAN HEAR FROM THE EXPERTS. WHEN SHE GETS BACK. WE DON'T KNOW FOR SURE. WE DON'T KNOW. I'M GOING TO ERR ON THE SIDE.

>> WHY DO WE NOT DEFER? GIVE THIS TO THE CURRENT ATTORNEY SITTING AND LET THEM ANSWER THE QUESTION. THIS IS BASICALLY ASKING THE COMPANIES THE APPLICATION FILED EACH OF THE POLICIES. WE DON'T HAVE A COPY OF THE APPLICATION . I DON'T

[01:40:24]

BELIEVE IT IS PROBLEMATIC. >> FOR A GENERAL BUSINESS ,

THIS IS 85 PAGES. >> IT WAS IN THAT AREA. THAT IS SOMETHING THAT WILL TAKE TIME TO REVIEW AND INVESTIGATE. IN FACT, IT'LL BE SOMETHING TO DISCUSS AS A GROUP. DOESN'T MEAN WE SHOULD GO AHEAD AND START REVIEWING THIS ? WHEN YOU HAVE A FULL-TIME EMPLOYEE THAT IS PROBABLY MORE FAMILIAR WITH THIS THAN I AM? WE CAN DO IT.

WE CAN FIT THIS SINCE I WAS SCHEDULED. IT'LL BE MORE EFFICIENT TO HAVE THIS PERFORMED AT REVIEW. MAY BE PAYABLE . ARE YOU ABLE TO HEAR ?

>> I AM AVAILABLE , SIR. >> THE IMMEDIATE QUESTION IS, WE DO NOT REPRESENT THIS. I CANNOT SPEAK TO THE INSURANCE POLICY. OTHER THAN THE PUBLIC RECORD WE HAVE SEEN FOR THE APPLICATION. WE CAN STATE FROM A LIABILITY PERSPECTIVE , IT IS POLITY -- BODILY INJURY AND POLICY. ANY INJURIES THAT RESULTED FROM IT CONDITION. IT'S NOT WHAT WE CALL A DESIGNATED PREMISES. WE OWN A LOT OF COMMON AREAS. WE HAVE SIDEWALKS. WE HAVE MANY AREAS WITH INJURIES ON THE PROPERTY.

WE DON'T HAVE TO DESIGNATE ALL OF THE COMMON AREAS TO RESPOND TO ANY OF THE CLAIMS. THE PARTICULAR BUILDING WE ARE SPEAKING OF, WE DON'T HAVE PROPERTY COVERAGE ON THIS.

PROPERTY COVERAGES TRANSFERRED, AT LEAST, IN MY OPINION. WE DO HAVE GENERAL LIABILITY COVERAGE FOR THIS. IT DOESN'T HAVE TO BE SCHEDULED ON THE POLICY FOR THE BUILDING. BUT ANYTHING IN THE AREA SURROUNDING THIS.

>> ARE RECOVERED THERE? >> IN MY OPINION, WE HAVE

[01:45:02]

>> I HAVE A QUESTION. >> GO AHEAD.

>> IF I UNDERSTAND, DESPITE THE FACT -- AS THE INSURER, THE AGENTS WERE NOT THE INSURER. AS OUR INSURER AWARE THAT WE HAVE A BUILDING DECLARED UNSAFE?

>> NOT THAT I KNOW OF. IF THE INSURANCE COMPANY IS? WHAT CHANGES THIS IS, THE CITY FILED AN UNSAFE NOTICE BUILDING. THAT IS WHAT CHANGES THIS. WILL THEY STAND BEHIND THIS? DESPITE THE FACT THAT WE HAVE NOT INFORMED THEM OF THIS

NOTICE. >> YOU HAVE THE LANGUAGE IN THE POLICY WHICH DEFINES NO COVERAGE. THERE IS NO LANGUAGE IN THE POLICY FOR THE CITY THAT WOULD SAY, FAILURE TO DISCLOSE SOMETHING LIKE THIS. THIS OPEN EXCLUSION THAT'LL ELIMINATE COVERAGE. IT'LL BE A MISREPRESENTATION OF THE APPLICATION. IF, FOR EXAMPLE YOU SAY IN AN APPLICATION, IF YOU HAD A DROWNING CLAIM, THIS COULD BE GROUNDS TO DENY A CLAIM. I CAN TELL YOU, WE GOT THE CALL TODAY FROM MR. MARTIN TO ATTEND THE MEETING TONIGHT. I LOOKED AT THE APPLICATION FOR THE CITY. THE STANDARD APPLICATION IN THE INDUSTRY AS THE COURT APPLICATION. THEY WOULD NOT HAVE A QUESTION THAT WOULD ASK ABOUT AN UNSAFE BUILDING. THEY HAVE ADDITIONAL APPLICATIONS THAT'LL ASK ADDITIONAL DETAILS. IT'S A LENGTHY AND THOROUGH APPLICATION. IT IS 144 PAGES.

I WAS ABLE TO REVIEW ALL THE QUESTIONS. THERE WAS NO INSTRUMENTATION OF ANY OF THE APPLICATIONS. MY BELIEF IS THAT YOU DON'T. WE CERTAINLY HAVE CLIENTS THAT SAY, WE HAVE A UNIQUE SITUATION HERE. WE WANT TO REACH OUT TO OUR CARRIER FOR INPUT. THERE IS NOTHING IN YOUR POLICY THAT REQUIRES YOU TO TELL THEM ABOUT EVERYTHING. THERE ARE MANY OTHER SCENARIOS THAT MAY BE SIMILAR WHERE YOU DEEM THIS UNSAFE. DO WE HAVE TO NOTIFY THE CARRIER ABOUT THIS?

>> I WOULD LEAVE THIS TO EVERY INDIVIDUAL CLIENT IN THE CITY. IF THE QUESTION IS, OR FOR THE CITY STAFF, TO PROPOSE

THIS QUESTION. >> AM ASKING YOU, IS IT PRUDENT TO TELL YOU? AS THE INSURANCE SPECIALIST?

>> IT IS PRUDENT IF WE HAVE SOLUTIONS. IF THERE ARE POTENTIAL SOLUTIONS TO MITIGATE RISK. I BELIEVE, TO ME, I TEND TO REPRESENT CLIENTS AND CREATE THE BEST OUTCOME AND

[01:50:04]

>> IT DOESN'T LEAVE ME TOO COMFORTABLE. YOU'RE NOT SAYING IF IT'S PRUDENT OR NOT. OKAY.

>> IT SOUNDS LIKE HE ANSWERED YOUR QUESTION. I'M GOING TO CUT THIS OFF NOW. I BELIEVE THIS IS ALL BEEN CLEARED UP.

THANK YOU FOR BEING WITH US, AND WE APPRECIATE THIS. I DON'T THINK ASKING QUESTIONS CREATE THE THINGS YOU ASK ABOUT. IF IT MAKES SENSE. QUESTIONING IF THERE IS NO INSURANCE DOESN'T MAKE THE INSURANCE DISAPPEAR. THE INSURANCE HAS BEEN HERE THE WHOLE TIME. WE ARE COVERED BASED ON THE EXPERTS WE CAN TALK TO. THAT'S IMPORTANT. I'M GLAD WE ARE A SAFE CITY. I'M GLAD WE HAVE A GREAT INSURANCE

[12. CITY CLERK REPORTS]

>> THANK YOU, MAYOR. THE SCHOOL BOARD HAS OFFERED MARCH 6, MARCH 13TH OR THE 27TH TO MEET. IF YOU CAN THINK ABOUT THAT. PRIOR TO MY EMAIL THAT I SENT YOU TOMORROW, REQUESTING THE DAYS AVAILABLE. THIS FRIDAY, THE CITY WILL HOST THE ANNUAL CAREER DAY. THIS IS FOR ADULT STUDENTS WITH MANY DISABILITIES TO BE HANDS-ON WITH FIRST RESPONDERS AND THE ROLLING ASSETS AS WELL AS DUMP TRUCKS AND MOWERS AND THINGS LIKE THAT. WE HAVE A MOCK CITY COMMISSION MEETING HERE IN THE

[13. MAYOR/COMMISSIONER COMMENTS]

COMMENTS. >> THANK YOU, MR. MAYOR. I WOULD VERY MUCH LIKE TO THINK I WAS STANDING ATTORNEY. THANK YOU FOR BEING HERE TODAY CLARIFYING SOME VERY TOUGH TOPICS. THAT'S NOT EASY, ESPECIALLY WITH HER HAVING THIS HISTORICAL DATA. THANK YOU, FOR ALL THE INFORMATION.

I THINK WE CAN REST EASY WITH ALL OF THE QUESTIONS. IT'S A VERY SHORT NOTICE, BEING ABLE TO COME UP WITH THOSE ANSWERS.

I APPRECIATE YOUR WORK ON THAT. THANK YOU TO THE CITY STAFF FOR BEING HERE. WE LEAN ON HER A LOT AS WELL. VERY GOOD WORK TODAY. WE HAD A GREAT SESSION. I LOOK FORWARD TO MOVING FORWARD AS WELL. THANK YOU, MR. MAYOR.

>> COMMISSIONER ROSS? >> THE PARKS AND RECREATION ARE PRESENTING FORMS. ONE IS JANUARY 19TH FOR RACQUET SPORTS TO COME BACK AND TALK TO THEM. A LOT OF PEOPLE THOUGHT THEY WOULD PUT OUT EVEN MORE CHAIRS NEXT TIME. WE URGE PEOPLE TO ATTEND THOSE IF INTERESTED. BOB ALLISON, HE'S AN ORIGINAL OWNER IN THE CENTER STREET GROUP. HE PUT OUT AN ARTICLE ON HIS OPINION AT THE WATERFRONT AND HAS WATERFRONT PLAN BACK IN 2017. I WROTE A LETTER THAT'LL BE PUBLISHED TOMORROW IN THE PAPER REBUTTING A LOT OF HIS COMMENTS. THE MAJOR PART OF HIS PLAN WAS THAT HE HE SAW WAS AN INTERESTING PLAN. THAT'S WHAT HIS WHOLE PLAN DEPENDED UPON. IT'S PRETTY MUCH NEXT TO IMPOSSIBLE.

THAT'S THE REASON THE PLAN DOES NOT WORK OUT TOO WELL. THAT IS

ALL I HAVE TO SAY. >> THANK YOU, COMMISSIONER

ROSS. COMMISSIONER --? >> I WANT TO THANK ALL THOSE

[01:55:08]

>> VICE MAYOR STURGIS? >> THANK YOU, MAYOR. I SEND MY SYMPATHIES TO THE -- FAMILY FOR ELIZABETH'S PASSING . HER MOTHER, THE CHAIR OF THE PORT AUTHORITY. I WANT TO SEND MY SYMPATHIES TO THE TYLER FAMILY. JIM THOMAS PASSED AWAY AT 101 YEARS OF AGE. THESE WERE BOTH TO COME AND SEQUEL PARTS OF OUR COMMUNITY. THEY WERE INTEGRAL PARTS OF THE COMMUNITY. SHE SERVED OUR COUNTY. A VERY NICE MEMBER OF OUR CITY. AS WELL AS MR. THOMAS. HE DID MANY DIFFERENT THINGS FOR OUR CITY.

SHE WAS ALMOST IMMENSE WITH MYSELF. IS TO WORK WITH HIM AND I SAW HIM AT CHURCH ALL THE TIME. HE WAS AN AMAZING MAN.

HE CARED A LOT FOR A LOT OF PEOPLE . HE IS TRULY GOING TO BE MISSED. THAT'S ABOUT IT. THIS WAS A GREAT MEETING.

>> I WILL FINISH WITH MY MAYOR'S COMMENTS. AS I SAID EARLIER TODAY, WE ASK YOU TO BE A PART OF THE MLK JUNIOR PRAYED. IT WAS A GREAT DAY AND A GREAT TURNOUT. IT WAS A GREAT PARADE. WE HAVE TWO DATES TO RECOGNIZE. JANUARY, FIREFIGHTER CANCER AWARENESS MONTH. OCCUPATIONAL CANCER IS A GREAT THREAT AND HEALTH AND SAFETY FIREFIGHTERS EVERYWHERE.

WE EXTEND OUR GRATITUDES TO THEM FOR THEIR HEROISM. YOU WANT TO RECOGNIZE NATIONAL LAW-ENFORCEMENT APPRECIATION DAY, JANUARY 9TH. WE WANTED THINK ABOUT IF PPD TODAY.

THANK YOU TO LOCAL OFFICERS AS WELL. FEBRUARY 5TH, BEFORE WE MEET AGAIN, THAT IS THE CENTRAL PARK GRAND OPENING OF THE TEDDY PAIR PLAYGROUND. I HEARD THE CHILDREN'S CHOIR WILL BE SINGING THE NATIONAL. CAN BE A BIG DEAL. IF YOU ARE PART OF THE COMMUNITY, IT'S GOING TO BE A GREAT SHOW. WE LOOK FORWARD TO SEE YOU GUYS THERE. THAT IS EVERYTHING I HAVE. THANK YOU AGAIN, WE WIL

* This transcript was compiled from uncorrected Closed Captioning.