5.1 LOS ARRAYANES INC., 530 CENTRE ST., CASE NO 2023-0132. Violation(s) of the City of Fernandina Beach Code of Ordinances exist: Section 42-42 Nuisances Prohibited and Land Development Code, Chapter 7.01.04(C)5 Parking Standards and Parking Lot Design. Requesting Board determination of the case.

[5.1 LOS ARRAYANES INC., 530 CENTRE ST., CASE NO 2023-0132. Violation(s) of the City of Fernandina Beach Code of Ordinances exist: Section 42-42 Nuisances Prohibited and Land Development Code, Chapter 7.01.04(C)5 Parking Standards and Parking Lot Design. Requesting Board determination of the case.]

ARENAS INC 530 CENTER STREET.

SORT OF GOOD. CASE NUMBER 2023-0132.

DO READ THE WHOLE THING.

OKAY. NORMALLY THEY READ OUT THE VIOLATION.

OKAY, I'LL READ THE WHOLE THING.

FIRST TIME. SORRY.

VIOLATIONS OF THE CITY OF FERNANDINA BEACH CODE OF ORDINANCE EXISTS.

SECTION 42 DASH 42.

NUISANCE NUISANCES PROHIBITED AND LAND DEVELOPMENT CODE CHAPTER 7.01.

04C5 PARKING STANDARDS AND PARKING LOT DESIGN REQUESTING BOARD DETERMINATION OF THE CASE.

OUR SECOND CASE IS NEIL T DOUGLAS AND LISA A MOTION 1725 ALISA AVENUE.

CASE NUMBER 2023-0058.

VIOLATIONS OF THE CITY OF FERNANDINA BEACH CODE OF ORDINANCES.

EXIST. SECTION 42-117 EXTERIOR STRUCTURE MAINTENANCE REQUESTING BOARD DETERMINATION OF THE CASE.

WILL THE CITY PLEASE PRESENT ITS CASE? GEORGE WELLS, CODE ENFORCEMENT OFFICER FOR THE CITY OF FERNANDINA BEACH.

I WOULD LIKE AT THIS TIME TO SUBMIT ALL MY EVIDENCE, DOCUMENTS AND RECORDS INTO THE RECORD.

DOES THE RESPONDENT HAVE ANY OBJECTION TO THE EVIDENCE THAT'S GOING TO BE PRESENTED? ARE YOU GOING TO PUT IT ON THE SCREEN? BASICALLY, I'M GOING TO BE SHOWING THESE PICTURES.

OKAY. THEY SHOULD HAVE GOTTEN THIS PACKET.

HAVE YOU RECEIVED THE PACKAGE? HAVE YOU RECEIVED THE PACKAGE? WE DO. YOU HAVE SEEN SOME PICTURES.

OKAY, GOOD. DO YOU HAVE ANY OBJECTIONS TO THE EVIDENCE? YES. WHEN YOU SEE IT, YOU DO, ACTUALLY.

OKAY. UM.

I GUESS WHEN IT HAPPENS, YOU CAN COME UP AND EXPRESS YOUR CONCERNS.

THAT'S RIGHT. GREAT. THANK YOU.

WOULD THE RESPONDENT LIKE TO CROSS-EXAMINE THE WITNESSES? DID I GO TOO FAR? OKAY, FIRST OFF, LET ME.

THIS CASE WAS INITIATED BY NUMEROUS CITIZEN COMPLAINTS.

TWO OF THE RESIDENTS DIRECTLY ACROSS THE STREET, ANOTHER RESIDENT DOWN FURTHER DOWN THE STREET ON SIXTH STREET OR SIXTH STREET.

AND ALSO THE HTC CHAIRMAN PUT IN THE COMPLAINT ALSO.

LET ME READ SOMETHING RIGHT OFF THE BAT SO WE CAN JUST KIND OF GET A FAMILIARITY WITH WITH WHAT THE CODE IS THAT WE'RE LOOKING AT TONIGHT.

THIS IS THE CODE SHE READ.

IT'S IN THE LAND DEVELOPMENT CODE 7.0, 1.0 4C5.

AND IT READS LIKE THIS.

IT SAYS IN THE PARKING AREA, IF THE PARKING AREA IS ARTIFICIALLY LIGHTED, ALL LIGHTING SHALL BE DESIGNED, ARRANGED AND CONSTRUCTED, SUCH THAT NO SOURCE OF SUCH LIGHTING IS VISIBLE FROM ANY ADJOINING OR NEARBY PROPERTY USED OR ZONED FOR RESIDENTIAL PURPOSES.

ALL LIGHTING SHALL BE DESIGNED, ARRANGED AND CONSTRUCTED TO SHIELD PUBLIC ROADWAYS AND OTHER ADJACENT PROPERTIES FROM DIRECT ILLUMINATION.

SO THAT'S THE CODE THAT WE CITED THE PROPERTY ALONG WITH THE NUISANCE CODE BECAUSE OF THE EXTREME LIGHTING THAT THAT WAS INITIALLY WAS FIRST INITIALLY INSTALLED.

SO THIS CASE, WE STARTED IT ON MAY 15TH, 2023.

LIKE I SAID, OUR DEPARTMENT RECEIVED MULTIPLE COMPLAINTS PREVIOUSLY FROM NEIGHBORS ABOUT THE EXCESSIVE LIGHTING IN THE REAR PARKING AREA.

I DID A FIELD INSPECTION TO INSPECT THE LIGHT FIXTURES.

I DISCUSSED WITH THE MANAGER THAT THE RESIDENTS WERE COMPLAINING ABOUT THE EXCESSIVE LIGHT.

THE MANAGER SAID HE WOULD MAKE SOME ADJUSTMENTS TO THE FIXTURES AND FOR ME TO GIVE HIM FEEDBACK ABOUT THE ADJUSTMENTS.

ON MAY 17TH, I INSPECTED THE LIGHTING AROUND 10 P.M.

THE LIGHTING WAS STILL IN VIOLATION.

IT WAS STILL WAY TOO MUCH ILLUMINATION ON THE SURROUNDING RESIDENTIAL HOMES.

MAY 30TH, I PERFORMED A THIRD INSPECTION.

THE LIGHTING WAS STILL IN VIOLATION.

JUNE 6TH, WE MAILED A CERTIFIED NOTICE OF VIOLATION NOTICE OF HEARING LETTER TO THE OWNER, GIVING THEM UNTIL JULY 6TH TO COME INTO COMPLIANCE.

JULY 10TH, WE DID A NOTICE OF VIOLATION INSPECTION.

SOME CORRECTIONS HAD BEEN MADE, INCLUDING PUTTING THE LIGHTING ON A TIMER TO CUT THE LIGHTING OFF AT 11, BUT THE PROPERTY WAS STILL NOT IN COMPLIANCE.

[00:10:09]

I ASKED A COUPLE OF THE RESIDENTS, I SURVEYED THEM AND I ASKED THEM IF THEY FELT LIKE THE MODIFICATIONS WERE ENOUGH.

THEY WERE NOT SATISFIED WITH THE RESULTS AT THAT TIME.

I RECEIVED ON JULY 14TH, I RECEIVED AN EMAIL FROM THE RESIDENT DIRECTLY ACROSS THE STREET FROM THE LIGHTING.

HE SENT ME PICTURES AND IT'S INCLUDED IN THAT PACKET.

ALSO, I SENT AN EMAIL TO THE OWNER ON JULY 26TH EXPLAINING THE PROPERTY IS STILL IN VIOLATION TO REMIND THEM THAT THEY ARE SCHEDULED TO BE HERE TONIGHT AT THE BOARD.

AGENDA INSPECTION WAS PERFORMED.

I SPOKE WITH THE MANAGER, STATED THE LIGHTING MODIFICATIONS WERE NOT ENOUGH, AND I EXPLAINED THAT THE LIGHTING HAD REMAINED ON THE PROPERTY AND NOT AFFECT OTHER RESIDENTS.

I TOLD HIM I WOULD BRING PICTURES THAT HE THAT THE RESIDENT HAD SENT ME.

SO. LET ME GO THROUGH.

THERE'S FOUR SETS OF LIGHTS.

THERE'S TWO. WELL, THIS IS A SET HERE, BUT THERE'S FOUR SEPARATE LIGHTS.

THERE'S TWO ON THE MAIN BUILDING AND THERE'S TWO ON THE ACCESSORY STRUCTURE.

THAT'S THE ACCESSORY STRUCTURE.

THERE'S LIGHTING ON BOTH BOTH CORNERS ON THE ROOF.

THIS IS THE RIGHT REAR OF THE MAIN STRUCTURE.

CAN I ASK YOU A QUESTION? CAN. WHAT THEY HAVE DONE.

THEY HAVE BEEN VERY COOPERATIVE WITH WITH OUR DEPARTMENT.

THEY HAVE ACTUALLY.

THEY'VE CUT THIS, LIKE, COMPLETELY OFF.

AND THE OTHER THREE SETS OF LIGHTS THEY TURNED THEM DOWN.

BUT THE ILLUMINATION IS STILL I MEAN, ACROSS THE STREET.

I MEAN, THEY ALMOST CAN READ THE NEWSPAPER AND SITTING ON THE FRONT PORCH.

IT'S THAT BRIGHT.

I FEEL THAT THE TWO LIGHTS THAT ARE ON THE ACCESSORY STRUCTURE.

THIS ONE HERE, IF THEY TILTED THEM ALL THE WAY DOWN WHERE YOU CANNOT SEE THE BULBS FROM THE ACROSS THE STREET.

I THINK THAT WOULD SUFFICE FOR THAT.

NOW, THE OTHER TWO THAT'S ON THE MAIN BUILDING.

IF THEY WOULD ANGLE THAT TO THE PARKING LOT SO THAT IT DOESN'T EVEN FACE THE RESIDENCES ACROSS THE STREET.

WE MAY HAVE TO DO A LITTLE TRIAL AND ERROR AND SEE HOW MUCH WE NEED TO TURN THEM INTO THE PARKING LOT.

AND I THINK I THINK WE CAN GET WHERE WE NEED TO BE WITH THAT.

NOW, LIKE I SAID, THEY DID PUT IT ON A TIMER AT 11 AND IT'S SUPPOSED TO BE CUT OFF AT 11 P.M.

I UNDERSTAND THEIR POSITION.

YOU KNOW, THEY WANT SECURITY FOR THEIR PATRONS AND FOR THEIR EMPLOYEES.

I MEAN, I UNDERSTAND THAT.

BUT ALSO THE CODE IS VERY SPECIFIC ABOUT KEEPING THAT LIGHT ON THAT PROPERTY.

NOW, YOU KNOW AS WELL AS I DO THAT ANY TIME YOU ILLUMINATE ANYTHING, IT'S GOING TO CAST A SHADOW OF LIGHT EVERYWHERE.

BUT IN THE BEGINNING, IT WAS SO EXCESSIVE.

I MEAN, IT WAS LIKE BEING IN THE DAYLIGHT OVER ON THEIR FRONT PORCHES, BUT IT'S NOT LIKE THAT AS BAD NOW.

SO I WOULD LIKE TO GET WHAT WE COULD THE ACCESSORY STRUCTURE, GET THOSE LIGHTS TURNED DOWN WHERE YOU CAN'T EVEN SEE THE BULBS FROM ACROSS THE STREET AND ON THE RESTAURANT. TURN THEM BACK TOWARDS THIS STRUCTURE SO THAT THE BULBS WANTING TO BE SHINING TOWARDS THE RESIDENCES ACROSS THE STREET. CONCLUSION MANAGEMENT HAS COOPERATED IN MAKING MODIFICATIONS TO THE LIGHT FIXTURES, INCLUDING INSTALLING A TIMER TO CUT ALL PARKING LOT LIGHTS OFF AT 11.

THE RESTAURANT FEELS THEY NEED THE LIGHTING FOR SAFETY FOR THEIR CUSTOMERS AND EMPLOYEES.

THE NEIGHBORING RESIDENTS WOULD LIKE ALL THE LIGHT TO REMAIN ON THEIR PROPERTY TOTALLY.

THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF CODE OF ORDINANCES.

SECTION 42- 42 NUISANCE IS PROHIBITED AND ALSO THE LAND DEVELOPMENT CODE 7.010.

04C5 PARKING LOT STANDARDS AND PARKING LOT DESIGN.

THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMINISTRATION FEES BE PAID BY THE RESPONDENT AND A FINE OF $100 PER DAY TO BEGIN ON 818, 20, 23, IF NOT IN COMPLIANCE WITH THE LIEN PLACED ON THE PROPERTY WITHIN 45 DAYS IN THE CITY RESTS AFTER THAT.

SO DOES THE RESPONDENT HAVE ANY INFORMATION YOU'D LIKE TO SHARE? COME UP. YOU HAVE TO COME UP HERE.

OKAY. STATE YOUR NAME AND ADDRESS.

OKAY. BECAUSE THIS IS ALL RECORDED.

[00:15:01]

THANK YOU. CAN I ASK YOU A FEW QUESTIONS? FIRST, YOU HAVE TO SPEAK.

HE SPEAKS FIRST, AND THEN YOU ASK.

OKAY, GO AHEAD.

OKAY. WELL, HOW ARE YOU GUYS? MY NAME IS EDWIN MONTELLANO, MY GENERAL MANAGER AT PEPPERS AND FERNANDINA BEACH.

OUR ADDRESS IS 530 CENTRAL STREET.

AND, UM, WE WOULD LIKE TO ON OUR DEFENSE, HE WAS VERY CLEAR SAYING ALL THAT INFORMATION, WHICH IS TRUE.

BUT I WOULD LIKE TO SHOW YOU GUYS OVER HERE IS, YOU SEE, CAN I WALK OVER HERE AND SHOW YOU? YES, SIR. THIS LIGHT RIGHT HERE, AS YOU SEE RIGHT, IS ALREADY TILLED DOWN.

AND IT'S NOT EVEN HERE OR IT'S OR GARBAGE DISPOSAL OR STUFF OR DUMPSTER.

THEN THIS IS ALREADY DARK AND THIS SIDE.

AND THEN WE'RE SEEING PEOPLE GOING TO THE PLACES BEHIND, WHICH IS A GREEN TURTLE WALKING DOWN THERE, AND THAT'S ALREADY DARK.

SO PEOPLE ON THIS SIDE WAS COMPLAINING ABOUT IT, BUT IT'S ALREADY DARK.

I DON'T THINK YOU SEE HOW WE MOVE THIS ALL THE WAY DOWN AND IT'S ALL THE WAY TO THIS SIDE THAT IS STILL COMPLAINING.

THIS ONE RIGHT HERE, IT WAS ALL THE WAY UP.

IT'S ALL THE WAY DOWN NOW, AS YOU SEE THE OTHER ONES.

IF YOU KILL ME WITH ALL THE OTHER PICTURE, THE PICTURE BEFORE THAT ONE, SAME THING, IT'S ALREADY ALL THE WAY DOWN.

SO WHAT ELSE DO YOU GUYS WANT US TO DO? IF THE LIGHTS ARE ALREADY DOWN TILT? WE ALREADY TIMED IT UNTIL 11.

EVEN WHEN THE LIGHTS ARE OFF, THERE'S STILL PEOPLE THERE.

WE CLOSE AT TEN, BUT THERE IS STILL.

PEOPLE AROUND. WE STILL GET OFF AFTER 11, SO WE STILL HAVE TO WALK OUT THERE AND THERE'S DARK ALREADY.

THERE IS A NIGHTLIFE FOR BESIDE US AGAIN.

THERE'S PEOPLE WALKING ON THE ROAD, PARKING, PARKING LOT, GOING TO GREEN TURTLE FROM, YOU KNOW, TO CUT OFF THE STREET, MAIN STREET OR HOWEVER YOU WANT TO SAY.

AND IT'S STILL DARK, BUT IT'S STILL PEOPLE WANT TO COMPLAIN ABOUT IT JUST BECAUSE THEY NEVER HAD A LIGHT BEFORE LIKE THAT.

BRIGHT BUT NOW WE HAD SOME TYPE OF LIGHT FOR SAFETY AND SECURITY, BUT THEY JUST DON'T LIKE IT.

SO WHAT ELSE DO YOU GUYS WANT TO SEE? YOU LOOKED AT A MOTION DETECTION SYSTEM THAT WOULD ACTIVATE WHEN PEOPLE WALKING BEHIND THERE MAYBE.

WHO'S DOING YOUR LIGHTING? IS IT A CONTRACTOR OR.

YES, CONTRACTOR. YEAH.

OKAY. THAT WILL BE THAT'S A POINT RIGHT THERE.

BUT I THINK IT WILL BE A LITTLE BIT IF THEY'RE ALREADY COMPLAINING ABOUT THE LIGHT CAN THEY WILL BE COMPLAINING ABOUT OH, SOMEBODY WALKS AND THERE'S LIKE IF A CAT WALKS, IT'LL BE LIKE, THAT WILL BE A GREAT IDEA.

BUT YOU KNOW, PEOPLE LIKE TO COMPLAIN ABOUT EVERYTHING.

OH, SIR, I THINK THE PART OF THE PROBLEM IS, IS THE TYPE OF FIXTURE THOSE ARE THE TYPE OF FIXTURES THAT YOU USE IN A WAREHOUSE SETTING OUT IN A WIDE OPEN SPACES FOR MAXIMUM FLOOD TYPE SITUATION.

THEY MAKE LIGHTS THAT ARE ACTUALLY MORE OF A SPOT THAT THEY WILL STAY IN A CONFINED AREA.

AND THOSE ARE NOT THOSE TYPE OF LIGHTS.

THOSE LIGHTS ARE JUST GOING TO BE EVERYWHERE NO MATTER WHAT YOU DO.

I'VE GOT EXPERIENCE WITH THIS.

AND THE PROBLEM IS, IS THE TYPE OF FIXTURE THAT YOU HAVE.

I'M WONDERING IF YOU COULD PUT A HOOD OVER THE LIGHT.

SO A HOOD MEANING SOMETHING THAT SHIELDS IT FROM GOING ONTO THE STREET KNOW THAT'S PRETTY BRIGHT.

SO SOMETIMES YOU CAN PUT A HOOD OVER THE LIGHT SO IT STAYS ON THE PARKING LOT AND DOESN'T EXTEND ONTO THE STREET.

IT MIGHT BE AN OPTION.

THE LIGHTING, IT COULD BE THIS WAS WAY IT WAS ORIGINALLY.

YES. CORRECT.

IT'S LIKE A STADIUM. CORRECT.

AND THEN WHEN YOU GUYS WHEN HE CAME, WE HAD FIXING IT, TIMING IT LIKE EVERYTHING TO MAKE IT FIXED AS POSSIBLE.

AND THESE ARE THE HOUSES AND THE STREET.

YEAH, THAT'S THE ONE THAT WE'RE LIKE AT THE BEGINNING.

I HAVE A QUESTION, GEORGE, WHEN YOU READ, I THINK IT WAS 7.0 104C5 PARKING STANDARDS, PARKING LOT DESIGN.

NEAR THE END OF WHAT YOU READ, IT SAYS THE TWO WORDS ARE USED DIRECT ILLUMINATION.

CORRECT. SO CAN YOU HELP ME UNDERSTAND WHAT DIRECT ILLUMINATION IS VERSUS BLEED OVER ILLUMINATION? WELL, BARACK IS LIKE, YOU KNOW, I SEE THIS AS BEING DIRECT HERE.

I AGREE. AND WHEN YOU EVEN IN MY OPINION, IF THESE THINGS WERE BROUGHT DOWN EVEN LEVEL, YOU'RE STILL GOING TO HAVE INDIRECT LIGHTING. IT'S GOING TO LIGHT UP THE AREA, BUT IT'S NOT GOING TO BE TO THE LIKE IN THIS PHOTOGRAPH HERE.

YOU CAN ALMOST I DON'T KNOW IF IT'S THIS ONE, BUT YOU CAN ACTUALLY SEE THE GLARE IN THE WINDOWS FROM THESE LIGHTS ACROSS THE STREET.

RIGHT. BUT THAT'S BEEN CHANGED SINCE IT'S 517.

[00:20:02]

EVERYTHING AFTER THAT SHOWS IF YOU SHOW ME THE PICTURE BELOW, PLEASE.

THAT ONE. WE SHOT THIS ONE UP.

THEY ACTUALLY THEY ACTUALLY CUT THIS PARTICULAR LIGHT OFF.

SO THE QUESTION I ALSO HAVE IS TOWARDS THE END OF THE PACKET, THE LAST TWO PICTURES, PLEASE.

I'M SORRY. THERE WE GO. THAT ONE AND THE NEXT ONE.

DID YOU TAKE THOSE OR DID THE THIS IS THE PICTURES THAT OF THE RESIDENT ACROSS THE STREET.

RIGHT. HAD TAKEN I DON'T KNOW.

I'M LOOKING AT THAT LAST PICTURE.

AND RIGHT THERE TO THE ONE ON THE LEFT AS WE LOOK AT IT, THAT LOOKS DIRECT.

BUT I DON'T KNOW THAT PERSON DIDN'T GET DOWN LOW TO GET THAT PICTURE.

I MEAN, THAT JUST DOESN'T SEEM I DON'T SEE WHERE THAT'S A DIRECT ILLUMINATION.

WELL, YOU DEFINITELY CAN SEE RIGHT HERE THAT THE THAT'S STILL PICKING UP THAT ONE LIGHT FIXTURE RIGHT THERE.

SO, MR. GEORGE, HOW DO THEY PROVIDE SECURITY FOR PATRONS AND PEOPLE BEHIND? I'M NOT REALLY ASKING THEM TO CUT THEM OFF.

I JUST THINK THEY NEED TO EITHER SHIELD THEM OR TURN THEM STRAIGHT DOWN WHERE THEY'RE ILLUMINATING STRAIGHT DOWN AND OR THE ONES THAT ARE ON THE MAIN STRUCTURE TURN THEM TOWARDS THAT ACCESSORY STRUCTURE THAT'S IN THE BACK SO THAT IT'S NOT FACING THE ACTUAL HOMES.

I THINK WE CAN GET I THINK THE RESIDENTS WOULD BE SATISFIED WITH THAT.

NOW, THEY'RE STILL GOING TO BE ILLUMINATION BACK THERE.

I MEAN, YOU JUST CAN'T HELP IT.

I MEAN, BECAUSE THESE LIGHTS ARE YOU KNOW, THEY'RE GOING TO LIGHT UP THE AREA, BUT AT LEAST IT WON'T BE DIRECT LIGHTING SHINING IN THEIR WINDOW.

THERE'S TWO THINGS HERE.

HE'S RIGHT. BUT ALSO, IF YOU TAKE A PICTURE, A SINGLE PICTURE WHERE YOU FLASH, IT'S GOING TO SHOW LIKE THIS REGARDLESS IF IT'S GOING TO BE LOW, IT'S GOING TO BE LIKE BRIGHT.

IT'S GOING TO BE SOME TYPE OF REFLECTION.

SO THIS IS BEEN LIKE OVER, I WILL SAY, DRAMATIC ABOUT THIS BECAUSE AGAIN, IF YOU SHOW ME THE NEXT PICTURE, PLEASE, OKAY.

THE WAY HOW WE DID IT, SEE OFF DOWN, THERE'S TREES OVER HERE.

THESE ONES ARE DOWN. AND THIS IS THE AREA WHERE THE PEOPLE ARE STILL.

AND THERE IS NOT EVEN LIGHT AROUND HERE.

AND WE STILL HAVE SIX PARKING SPOTS HERE.

HOW HARD WOULD IT BE TO MOVE THE LIGHTS DOWN LOW? I DON'T THINK IT CAN BE DOWN MORE.

IT'S THE MAX THAT IT CAN GO TILT DOWN OR I'M SAYING MOVE THE FIXTURE DOWN, LOWER JUST.

BUT A HOOD MIGHT BE A WAY OR A DIFFERENT LIGHT BULB, A DIFFERENT LUMEN.

BUT THE IDEA THAT YOU HAVE, I THINK WILL BE THE BEST WE CAN.

WE CAN CORRECT IT LIKE THAT.

IF WE CAN DO LIKE A LITTLE SHADE AROUND IT, IT'S METAL, LIKE SOME TYPE OF THING.

BUT YEAH, NO, WE DON'T REALLY WANT TO TURN IT OFF AGAIN BECAUSE THERE'S A LOT OF PEOPLE WALKING SAFETY FOR OUR EMPLOYEES AND STUFF.

UNDERSTAND, YOU'RE DOING THE RIGHT THING, PROTECTING PATRONS, OTHER PEOPLE.

THAT'S RIGHT. WE JUST WANT TO MAKE IT BETTER FOR THE RESIDENTS.

OKAY. YES.

HAVING A SHIELD THAT'S AROUND THE LIGHT BULB.

AND SO IT DOESN'T GO ON TO THE STREET, BUT IT FOCUSES THAT'S NOT VERY EXPENSIVE.

AND THAT MIGHT BE A GOOD SOLUTION.

OR WE COULD SOMETHING THAT'S A LITTLE LESS BRIGHT BECAUSE THOSE ARE REALLY.

YES. THAT'S AN OPTION THAT WE WILL TALK ABOUT AND AND THEN WE WILL GO AHEAD AND DO IT.

THE THING THAT WE DON'T WANT TO DO IS LIKE, OKAY, WE GO AHEAD AND DO IT, BUT WEEK AFTER, THEN SOMEBODY WILL COMPLAIN BECAUSE THEY STILL AND THEN THIS WILL BE LIKE, KEEP GOING AND GOING.

BECAUSE HE SAID IT STARTED ON MAY 15TH, WHICH I AGREE WITH HIM.

IT WAS TOO BRIGHT AT FIRST.

BUT WE HAVE DONE SO MANY STUFF AFTER HAVE THERE IS THERE A PERCENT? WE'RE TRYING TO GET TO SAY WE'RE AT 100 BASE? WELL, LET ME INTERJECT THIS AND YOU GUYS CAN WEIGH THIS HOWEVER YOU WANT TO WEIGH IT.

MOST THINGS THAT YOU DO IN THE HISTORIC DISTRICT HAS TO GO THROUGH THE HTC FOR APPROVAL.

THESE LIGHTS WERE NOT APPROVED BY THE HTC.

THEY WERE NOT SUBMITTED FOR APPROVAL.

THEY WERE JUST INSTALLED.

SO THIS IS WHAT ARE YOU AWARE OF THAT? BUT ARE THEY IN THE HTC? YES. ARE YOU AWARE THAT THERE'S A BOARD THAT MEETS AND THEY HAVE TO APPROVE EVERYTHING, EVEN IF IT'S ON PROPERTY? YES, SIR. OKAY.

I WASN'T WORRIED ABOUT. ARE THE LIKES, GEORGE, THAT WE SEE DOWNTOWN, LIKE NEAR MAINE BEACH.

YOU KNOW EVERYTHING FOR LIKE THE SEA TURTLES, THOSE ORANGE LIGHTS.

THAT'S A LOWER LUMEN IS SOMETHING THAT WOULD WORK HERE.

I'M NOT REALLY SURE WHAT THE FILAMENTS.

I MEAN, I LOST MY TRAIN OF THOUGHT.

ARE THEY LED LIGHTS OR ARE THEY QUARTZ LIGHTS OR LED? THEY LOOK LIKE QUARTZ LIGHTS.

AND YOU COULD POSSIBLY FIND A BULB THAT WOULD FIT THAT FIXTURE THAT HAS A LESS LUNAR LUNAR.

[00:25:05]

AND BUT I STILL GO BACK TO THAT IS JUST NOT THE RIGHT FIXTURE FOR THAT APPLICATION RIGHT THERE.

WHAT'S THE LEAST COST? WHAT'S THE BEST COST EFFECTIVE WAY TO RESOLVE THIS PROBLEM? FOR THE.

I WOULD TRY AND I KNOW THEY'RE HESITANT TO DO IT, BUT TRYING IT WOULDN'T HURT.

LET'S JUST TURN THOSE ONES THAT ARE ON THE ACCESSORY STRUCTURE ALL THE WAY FLAT SO THAT YOU CAN'T SEE THAT BULB FROM THE HOUSES ACROSS THE STREET.

WOULD YOU BE ABLE TO HELP THEM DO THAT? I WOULD BE MORE THAN HAPPY TO WORK WITH THAT.

BUT I SUBMIT AND ALSO NOW THE OTHER ONES, THEY COULD CUT THAT ONE BACK ON.

BUT AS LONG AS IT WAS ANGLED BACK TOWARDS THAT ACCESSORY STRUCTURE WHERE IT'S NOT SHINING WHATSOEVER ON THAT HOUSES ACROSS THE STREET BECAUSE SAFETY IS A REAL ISSUE DOWNTOWN.

THE ISSUE SITUATION IS, IS THAT LIGHT STILL HAS TO GO SOMEWHERE.

IT DOES AND IT WILL.

BUT WE'RE HOPING THAT IT'LL STAY ON THE PROPERTY AND NOT GO ACROSS THE STREET.

BUT IT'S STILL GOING TO ILLUMINATE THAT AREA.

JUST BECAUSE IT'S LIGHTING IT AIN'T GOING TO BE LIKE YOU'RE IN THE PITCH BLACK.

I SUGGEST DOING ONE LIGHT AND SEE IF THAT WORKS BEFORE HE GOES OUT AND DOES THE WHOLE SYSTEM.

WELL, I ALSO LIKE THE SHIELD, SOMETHING THAT JUST LIKE A CONE TO ISOLATE IT DOWN IN THE PARKING LOT THAT'LL STOP IT FROM GOING.

I THINK THERE'S A COST EFFECTIVE WAY TO DO THIS.

AND DO YOU HAVE MR. GEORGE'S PHONE NUMBER? I BELIEVE I DO.

I BELIEVE YOU DO. AND COULD YOU? IF YOU DON'T, I'LL MAKE SURE THAT'S FINE, BECAUSE WE WANT A WIN WIN SITUATION HERE.

WE DON'T WANT TO GO INTO FINDING YOU EVERY DAY THINGS.

AND IT'S NOT LIKE THEY'VE NOT BEEN, YOU KNOW, TRYING TO COOPERATE.

BUT WE JUST CAN'T GET TO WHERE WE NEED TO BE BECAUSE, I MEAN, YOU KNOW, EVERYBODY HAS THEIR OWN FEELINGS.

THE HOMEOWNERS, THEY FEEL LIKE THAT, YOU KNOW, IT'S TOO BRIGHT.

THEY FEEL LIKE THAT THAT MAY BE SUFFICIENT THE WAY IT IS.

SO THOSE ARE NEW HOMEOWNERS, TOO.

SO, YEAH. ANY OTHER INFORMATION YOU'D LIKE TO PRESENT? OKAY. ANY QUESTIONS FROM THE BOARD? DO YOU HAVE ANY OTHER THINGS? CITY? NO OTHER.

OTHER THAN THE RECOMMENDATIONS I RECOMMENDED.

YOU KNOW, TURNING ESPECIALLY THOSE TWO DOWN ON THE ACCESSORY STRUCTURE TO TWO LEVEL.

BECAUSE, YOU KNOW, WHEN YOU SEE THAT, LIKE WHEN YOU SHINE A FLASHLIGHT AND YOU SEE THAT BULB, BOY, IT BLINDS YOU.

BUT WHEN IT'S SHIELDED AND YOU CAN'T SEE THAT BULB, IT'S A WHOLE DIFFERENT EFFECT.

AND YOU HAVE SOMEBODY THAT MIGHT BE ABLE TO HELP YOU WITH A SHIELD THAT WILL KEEP IT AWAY FROM THE STREET, BUT IT WILL FOCUS ON THE PARKING LOT.

YOU HAVE SOMEBODY WHO CAN DO THAT.

YEAH, WE WILL FIND SOMEBODY TO PIECE OF ALUMINUM, SO IT'LL STILL WORK AND WE'LL MAKE SURE THAT YOU GET MR. GEORGE'S PHONE NUMBER AND KEEP WORKING ON IT.

IS THAT OKAY? OKAY. ALL RIGHT.

THANK YOU. ARE WE GOING? SORRY, I HAVE A QUESTION.

APOLOGIES. YOU GUYS HEAR ME OKAY? YES, WE CAN. OKAY.

SORRY. THE SOUND IS NOT EXCEPTIONAL.

MY UNDERSTANDING IS THAT THE LIGHTS HAVE BEEN REARRANGED ON ALL LIGHTS OR ONE TURNED OFF.

SO DO WE HAVE, YOU KNOW, A VERDICT OF LIKE, INSIGHT AS TO THE POSITIONING NOW OF HOW FAR IT REACHES? LIKE, IS IT SUITABLE AS IT IS NOW OR NOT? BECAUSE THE PHOTOS THAT I'VE SEEN APPEAR TO BE OLDER PHOTOS AND IT SOUNDS LIKE IT'S MOVED SINCE THEN.

APOLOGIES, RIGHT? I'M CALLING IN FROM ANOTHER COUNTRY.

I CAN'T SEE ALL THE EVIDENCE AND HEAR THE TESTIMONY EXCEPTIONALLY WELL.

WOULD YOU LIKE TO ANSWER THAT, MR. GEORGE? THOSE ARE OLDER PHOTOS FROM MAY 17TH, I BELIEVE.

YEAH. SO WE DON'T HAVE CURRENT ONES OTHER THAN THESE PHOTOS HERE.

RIGHT. WHERE THE GENTLEMAN SENT THEM IN ON JULY 14TH.

SO THE JULY 14TH IS THAT.

ANSWER YOUR QUESTION.

I MEAN, KIND OF RIGHT.

LIKE WERE THE LIGHTS MOVED BEFORE OR AFTER JULY 14TH? THAT'S SOMETHING THAT THE MANAGER MIGHT CAN SHED LIGHT ON THAT.

SO I THINK YOU MOVED THE LIGHTS BEFOREHAND.

FACING HIM DOWN, IS THAT CORRECT? YES. LIKE EVERY TIME THAT HE COMES, WE TRY THE NEXT DAY OR SO WE FIXED IT THAT AND THEN IF YOU CAME BY JULY 7TH WAS THE LAST TIME.

YEAH, IT'S BEEN IF IT WAS THE SIXTH THEN WE DID IT BY THE EIGHTH OR SO.

OKAY. ALL RIGHT.

ANY OTHER QUESTIONS, MR. JORDAN? ANYTHING.

I WOULD. I WOULD. I WOULD LIKE FOR THE BOARD TO FIND THEM IN VIOLATION IF Y'ALL SO CHOOSE AND GIVE THEM A TIME FRAME TO LET US WORK THIS INTO A COMPROMISE POSITION WHERE ALL PARTIES ARE SATISFIED WITH IT AND AND THEN WE CAN REEVALUATE

[00:30:10]

IT. I MEAN, IT'S A WORK IN PROGRESS RIGHT NOW.

ANDI KNOW THEIR POSITION AND I KNOW THE HOMEOWNER'S POSITION AND I FEEL FOR BOTH OF THEM.

BUT, YOU KNOW, THE CODE IS, YOU KNOW, IT'S KIND OF SPECIFIC, BUT IT DOESN'T GIVE A DEGREE OF ILLUMINATION THAT IS A PASS OR FAIL.

YOU KNOW, JUST, YOU KNOW, IS IT A NUISANCE, YOU KNOW, SO WE HAVE TO FIND HIM IN VIOLATION.

CAN WE JUST GIVE THEM A PERIOD OF TIME TO FIX IT? WE CAN DO THAT. TAMMY.

I THINK YOU HAVE TO PROBABLY MAKE A DETERMINATION ABOUT WHETHER OR NOT THERE IS A VIOLATION OF THE CODE OR NOT.

I MEAN, HOW WE WORK WITH THEM.

BECAUSE IF YOU DON'T MAKE THAT STATEMENT HERE, THEN WE CAN SAY IT'S IN VIOLATION, BUT WE CAN GIVE HIM SOME TIME.

YOU CAN. I MEAN, REMEMBER, WE HAVE A CASE THAT'S BEEN GOING ON FOR ALMOST THREE YEARS.

OKAY. THAT WAS FOUND IN VIOLATION.

THAT'S BEEN GIVEN TIME TO.

GEORGE, COULD YOU READ THE CODE AGAIN? YEAH. SO YOU CAN SIT DOWN.

IF YOU HAVE NOTHING ELSE, WE CAN CALL YOU BACK UP.

OKAY. DO I NEED TO REPEAT THE SECTION AGAIN OR JUST READ THE VERBIAGE? IT'S JUST THE VERBIAGE.

OKAY. IT'S.

IT SAYS IF THE PARKING AREA IS ARTIFICIALLY LIGHTED, ALL LIGHTING SHALL BE DESIGNED, ARRANGED AND CONSTRUCTED, SUCH THAT NO SOURCE OF SUCH LIGHTING IS VISIBLE FROM ANY ADJOINING OR NEARBY PROPERTY USED OR ZONED FOR RESIDENTIAL PURPOSES.

ALL LIGHTING SHALL BE DESIGNED, ARRANGED AND CONSTRUCTED TO SHIELD PUBLIC ROADWAYS IN ALL OTHER ADJACENT PROPERTIES FROM DIRECT ILLUMINATION SUPER. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK ON THIS CASE? AND I UNDERSTAND THAT JUST BY THE LIGHTING PRINCIPLE.

I MEAN, YOU'RE GOING TO HAVE ILLUMINATION BECAUSE IT'S JUST IT'S JUST LIGHTING UP THE AREA.

IT IS NOT DARK.

SO, I MEAN, IT'S YOU KNOW, YOU'RE ALWAYS GOING TO HAVE THAT.

CHIP ROSS TO TEN NORTH THIRD STREET.

I LIVE IN THE HISTORIC DISTRICT HAVE BEEN I WOULD JUST SUGGEST THAT YOU GET A LIGHTING ENGINEER TO COME IN AND EXPERT BECAUSE I DON'T THINK ANYBODY IN THIS ROOM IS AN EXPERT ON LIGHTING.

AND HAVING SEEN OUTDOOR LIGHTING, THERE ARE MANY, MANY THINGS THAT CAN BE DONE TO MITIGATE TO LIGHT A PARKING LOT AND MITIGATE SPILLOVER ONTO OTHER PROPERTIES.

WELL, I LIVED IN CALVERT COUNTY BEFORE THEY ADOPTED A ORDINANCE WHERE THERE COULD BE NO LIGHT GOING UP BLUE, DARK SKIES, LIGHTING.

SO THIS IS A WHOLE FIELD.

SO INSTEAD OF PEOPLE HERE SPECULATING ABOUT PUTTING ALUMINUM AROUND THIS OR DOING THAT OR TURNING IT DOWN, SO ON AND SO FORTH, WHY DON'T YOU SUGGEST THAT THEY GET AN EXPERT TO COME IN, WHICH SHOULDN'T BE A WHOLE LOT OF MONEY AND MAKE A LIGHTING PLAN FOR THIS PARKING LOT THAT WOULD KEEP THE LIGHT ON THE PARKING LOT, GIVE SAFETY TO THE PATRONS, WHICH IS IMPORTANT BUT NOT AFFECT THE NEIGHBORS.

IS THIS AN ENGINEER OR AN ELECTRICIAN? OH, IT'S AN ENGINEER.

THEY'RE SPECIALISTS AND THAT'S ALL THEY DO.

I MEAN, I'VE HIRED THEM PREVIOUSLY.

THEY'RE LOCAL. I HAVE NEVER HEARD ONE IN FLORIDA, BUT I SUSPECT THAT IT'S NOT REAL HARD TO FIND A LIGHTING ENGINEER.

I MEAN, IT'S LIKE A SOUND ENGINEER OR A LIGHTING ENGINEER.

AND THEY'LL COME IN AND DO AN ASSESSMENT AND THEY'LL TELL YOU WHAT YOUR OPTIONS ARE AND WHAT THE COSTS ARE.

AND SO INSTEAD OF HAVING EVERYBODY SPECULATING, YOU NOW HAVE AN EXPERT OPINION.

SO THAT'S JUST A SUGGESTION.

THANK YOU. ANYONE ELSE WISH TO SPEAK ON THIS CASE? I'M CLOSING THE PUBLIC HEARING ON THIS CASE BOARD.

WANT TO DELIBERATE? ANYTHING.

SO I THINK MR. ROSS'S IDEA OF GETTING A LIGHTING ENGINEER IS A GOOD IDEA.

BUT WE HAVE A TIME FRAME HERE THAT MR. GEORGE IS RECOMMENDING AND I DON'T THINK GETTING THAT ALL DONE IN A TIMELY FASHION WILL.

IT MIGHT TAKE LONGER THAN THE TWO WEEKS.

I THINK YOU'VE GIVEN HIM. 30, WAS IT 30 DAYS? I THINK AUGUST 18TH.

BUT IF THEY MAKE IF THEY TAKE SOME ACTION AND 18.

YEAH. SO IF THEY TAKE SOME ACTION AND IT MITIGATES THE LIGHT AND THEY CAN DO SOMETHING AND THEN CHECK WITH THE LIGHTING ENGINEER AND SEE WHEN OR IF THEY'RE AVAILABLE BECAUSE

[00:35:01]

SOMETIMES THEY'RE BOOKED FOR WEEKS AND MONTHS AND YEARS.

AND SO THAT MIGHT BE SOMETHING WE DON'T WANT TO DEAL WITH FOR THAT LONG.

ONE OF MY QUESTIONS IS, DO THEY HAVE TO GO THROUGH THE HTC TO DO THIS OR IS THAT KIND OF TOO LATE? YEAH, DEFINITELY. WHATEVER THEY CHOOSE WOULD HAVE TO BE APPROVED BY THE HTC.

SO HOW DO THEY IS THIS ACTUALLY SHOULD HAVE BEEN APPROVED BEFORE IT INSTALLED.

SO WE WANT TO GET YOU OFF THE HOOK FOR THE HTC.

BUT HOW DO THEY DO THAT IN THE TWO WEEKS THAT YOU'VE GIVEN THEM? WE CAN EXTEND WELL, I MEAN, WE CAN ADJUST THE TIME FRAME.

GOOD. THAT'S WHAT YOU GUYS ARE FOR.

ALL RIGHT. SO BOARD, WHAT DO YOU THINK? GOT ANY IDEAS OR COMMENTS OR THOUGHTS? WELL, LIKE YOU SAID, A LOT DEPENDS ON THE AVAILABILITY OF THE ENGINEER.

I MEAN, ONCE HE ASSESSES IT, I DON'T THINK IT'S GOING TO TAKE A LONG TIME.

IT'S A QUICK FIX.

RIGHT. WHAT IS IT? WHAT IS A GOOD TIME FRAME? CAN I ASK THE MANAGER A QUESTION? OF COURSE. AT THIS POINT, SIR, WOULD YOU BE WILLING TO GET AN ENGINEER, A LIGHTING ENGINEER TO COME TO YOUR PROPERTY AND ASSESS WHAT YOU HAVE CURRENTLY AND MAKE RECOMMENDATIONS TO? IF WE NEED TO CHANGE THE LIGHTS OR WHATEVER RECOMMENDATIONS THEY NEED TO MAKE.

WOULD YOU BE? WE COULD.

YOU MIGHT WANT TO GET BACK TO THEM.

I UNDERSTAND. I UNDERSTAND.

YES, WE COULD DO THAT.

BUT IT'S ALL TIME AND PRICE HERE.

AND THEN IF IT'S BETTER JUST TURNING IT OFF, WE WILL JUST DO IT.

BECAUSE THIS IS GETTING TOO LONG FOR, LIKE, LIGHT NIGHT LIGHT.

SO IF IT'S TOO MUCH PROBLEM, THEN AGAIN, DO WE REALLY NEED ENGINEER FOR PARKING LOT LIGHT? I WAS JUST LOOKING UP TO SEE IF THERE'S ANY CLOSE BY.

LET ME SAY THIS.

THIS IS A PARKING LOT.

THIS IS NOT A STADIUM, NOT A WIDE OPEN SPACE.

MY COMMON SENSE, TELLS ME THAT THERE'S TOO MUCH LIGHT IN THIS CONFINED AREA.

SO WHATEVER YOU HAVE, WE HAVE TO DO TO MITIGATE THE AMOUNT OF LIGHT, BE IT PUT SMALLER BULBS, BECAUSE I BELIEVE THAT YOU WERE SOLD SOMETHING THAT YOU DIDN'T NEED IN THE BEGINNING BECAUSE THESE LIGHTS ARE THE TYPE LIGHTS YOU SEE IN WAREHOUSE DISTRICTS WHERE YOU WANT A LOT OF LIGHT, YOU KNOW, AND THIS LIGHT THAT COMES OFF THESE FIXTURES HAS TO GO SOMEWHERE.

SO IT'S GOING TO GO INTO THE SURROUNDING AREA.

SO YOU NEED SOMETHING THAT'S NOT GOING TO PUT OUT AS MUCH LIGHT.

AND IT DOESN'T TAKE AN ENGINEER TO FIGURE THAT OUT.

SO IF YOU CAN FIND SOME BULBS THAT WILL FIT THIS FIXTURE THAT ARE PROBABLY HALF THE AMOUNT OF ALUMINUM THAT THESE HAVE, THAT WOULD HELP YOUR CAUSE. BUT FROM WHERE I SIT YOU JUST HAVE THE WRONG FIXTURE.

BUT THE POINT IS WHY SHOULD HE SPEND MONEY IF HE DOESN'T KNOW IT'S GOING TO BE IN CODE THOUGH, MR. GEORGE, HOW DOES HE DO THIS? DOES HE GO THROUGH THE HTC FIRST OR HOW DO THEY WHAT'S THAT PROCESS? SO DOES HE CHOOSE A LIGHT THAT'S LESS THAT MAYBE THE LIGHTING ENGINEER COMES UP WITH AND THEN GOES TO THE HTC AND THEY DECIDE HE WOULD SUBMIT FOR EITHER A COA OR SOME TYPE OF STAFF REVIEW OR SOMETHING THROUGH THE HTC FOR APPROVAL, WHATEVER LIGHTING THEY CHOOSE OR WHATEVER SOUNDS LIKE.

SOUNDS VERY LENGTHY.

YEAH, WELL, IT'S REALLY NOT.

I DO HAVE ANOTHER QUESTION.

YES, SIR. IF WE DO HAVE NO LIGHT, WELL, WE WILL BE IN VIOLATION TOO.

WITH NO LIGHT. WITH NO LIGHT AT ALL.

NO. IF YOU DON'T HAVE ANY LIGHTING BACK THERE, YOU'RE IN COMPLIANCE FOR THE SAFETY OF THE PEOPLE AROUND.

THERE'S NO VIOLATION. BUT IF WE DO HAVE THESE VIOLATIONS BECAUSE IT IS ON THE OTHER HOUSE, UNLESS WE CAN GET IT, GET IT, YOU KNOW, BACK DOWN, WE'RE SURE JUST GETTING IT ALL GENERAL. SO YOUR QUESTION, IS THAT VIOLATION OR LIABILITY ISSUE IF YOU DON'T HAVE LIGHTS.

CORRECT. BECAUSE YOU DON'T HAVE LIGHTS AND SOMETHING HAPPENS, YOU'RE OPEN TO A LAWSUIT.

RIGHT. I KEEP GOING BACK TO DIRECT ILLUMINATION.

THE REASON WHY THIS IS COMING BACK TO ME IS I THINK THE IDEA OF A LIGHTING ENGINEER IS A GOOD IDEA.

THE CONCERN I WOULD HAVE IN YOUR POSITION IS NO MATTER WHAT I DO, THIS PERSON ACROSS THE STREET IS GOING TO SAY, I'M GETTING TOO MUCH LIGHT.

THAT'S RIGHT. SO WE HAVE TO UNDERSTAND THE BALANCE BETWEEN A COMPANY THAT'S WILLING TO WORK WITH THE CITY AND THE FACT THAT THERE ARE PEOPLE WHO, IF YOU LIVE NEXT TO A TRAIN TRACK, THERE'S GOING TO BE TRAIN NOISE.

IF YOU'RE GOING TO BE RIGHT ACROSS THE STREET FROM COMMERCIAL PROPERTY, EVEN IF THE LIGHTS AREN'T SHINING DIRECTLY ON YOUR HOME, THERE MAY BE EXCESS ILLUMINATION, THERE WOULD BE EXCESS ILLUMINATION.

IF I LIVED NEXT DOOR TO THIS HOMEOWNER AND I TURNED ON MY STREET LIGHT.

SO THAT'S WHERE I THINK WE'VE GOT TO FIND THE BALANCE HERE BECAUSE THEY'RE WILLING TO WORK WITH US.

[00:40:03]

BUT AT THE SAME TIME, WE'VE GOT TO MAKE SURE THAT MAYBE THE RESIDENTS AREN'T BEING A LITTLE TOO CONCERNED ABOUT ANY EXCESS.

I FEEL THAT THOSE BULBS AND WHEN THEY'RE VISIBLE FROM THE WINDOWS, JUST LIKE IN THAT ONE PICTURE RIGHT THERE, IF WE CAN GET THEM WHERE THAT'S NOT A DIRECT LINE OF SIGHT FROM THAT LIGHT FIXTURE TO THOSE WINDOWS, I THINK THAT REFLECTIONS FROM A CAMERA, I DON'T THINK THAT'S A REFLECTION FROM THAT.

WELL, THERE'S TOO MUCH LIGHT ON THE HOUSE.

BUT HOW DO SO ARE YOU AVAILABLE AT 10 OR 11:00 WHEN IT'S DARK TO WORK WITH WHATEVER WE NEED TO DO TO GET THAT ACCOMPLISHED? WHY DON'T WE START WITH THAT AND SEE WHAT.

CAN BE DONE TO GET THE LIGHT DOWN, BECAUSE I DON'T THINK TURNING THE LIGHTS OFF IS A SMART MOVE.

I THINK REDUCING THE LUMENS WITH A DIFFERENT BULB OR WHATEVER THEY USE NOWADAYS WOULD BE GOOD.

AND YOU CAN ALWAYS CONSULT A LIGHTING ENGINEER SHOULD YOU NEED TO.

YOU KNOW, WE ARE YOU KNOW, WE'RE TURTLE FRIENDLY AND FERNANDINA AND THERE'S NUMEROUS FIXTURES THAT THE LIGHTING ON THESE BUILDINGS THAT ARE ON THE OCEAN SIDE THAT THEY HAVE AVAILABLE FOR SECURITY AND FOR LIGHTING AND PARKING LOTS.

AND IT'S A COMPLETE DIFFERENT BULB, DIFFERENT FIXTURE.

MOST OF THE TIME THEY WANT EVERYTHING LOW AND THEY WANT THE BEAM.

YOU KNOW, IT'S NOT GOING TO BE A BRIGHT WHITE.

IT'S GOING TO BE AN ORANGE OR A YELLOW OR RED REDDISH.

COULD THEY USE THOSE IN THE PARKING LOT? WOULD IT HAVE THE SAME EFFECT ON THE RESIDENTS? WELL, THAT'S NOT GOING TO BE LIKE WHAT YOU SEE HERE.

YOU KNOW, YOU'LL HAVE ILLUMINATION, BUT IT'S NOT GOING TO BE NEARLY AS BRIGHT AS THESE WHITE LIGHTS.

OKAY. SO THANK YOU, SIR.

THANK YOU. DO YOU HAVE ANYTHING ELSE YOU WANT TO SAY? OKAY, GREAT. THANK YOU.

ALL RIGHT. BOARD GOT ANY SUGGESTIONS? I THINK WE'VE GOT TO GIVE THEM AT LEAST 60 DAYS AT LEAST, TO GET AN ENGINEER OR LOOK AT OUR OPTIONS, BE THEY I THINK, AS WE MENTIONED BEFORE, THE TURTLE LIGHTING THING, IT'S A GOOD IDEA.

THAT'S A REAL POSSIBILITY.

I THINK, FIRST OF ALL, WE HAVE TO DETERMINE WHETHER THERE'S A VIOLATION AND VOTE ON THAT, I BELIEVE.

IS THAT CORRECT? YES.

THANK YOU. AND YOU'RE SAYING THAT WE HAVE TO FIND A VIOLATION TO MOVE FORWARD OR COULD YOU KNOW THAT AGAIN? OKAY. SO THERE'S EITHER A VIOLATION OR THERE'S NOT A VIOLATION, DEPENDING ON HOW YOU INTERPRET THE CODE, REGARDLESS OF HOW MUCH TIME OR WHAT YOU THINK THE INTENT IS BEHIND.

THESE ARE CIVIL VIOLATIONS.

RIGHT? SO EITHER THERE'S A VIOLATION OR NOT.

IF THERE'S NOT, EVERYBODY GOES HOME.

THEY DON'T NEED TO REPORT BACK.

IF THERE IS A VIOLATION THAT KEEPS THE CASE OPEN AND THEY HAVE TO REPORT AND WORK WITH OFFICER WELLS IN ORDER TO GET THE LIGHTING RIGHT. SO TO CREATE SOME ACTION, WE NEED TO FIND A VIOLATION.

YES. AND WE NEED TO EXTEND THE TIME PERIOD AND OPTIONS NEED TO BE.

DISCUSSED. LET'S DO THE DETERMINATION OF VIOLATION FIRST.

DOES ANYBODY MAKE A MOTION ON THAT, PLEASE? I CAN'T DO IT. I WILL MAKE A MOTION TO FIND THIS CASE IN VIOLATION.

AND I RECOMMEND 60 DAYS TO SUE THE VIOLATION.

OKAY. ALL RIGHT.

IS THAT OKAY? DO YOU TAKE A VOTE? YOU CAN DO IT ALL TOGETHER.

CAN WE DO IT ALL TOGETHER? OKAY. I'M SORRY.

FIRST TIME I MAKE A RECOMMENDATION TO FIND THIS IN VIOLATION AND TO GIVE THE RESTAURANT 60 DAYS TO MAKE THE ADEQUATE CORRECTIONS. I'LL SECOND IT.

AND I WOULD LIKE TO ADD ON AN APPOINTMENT BETWEEN MR. GEORGE AND YOU SOME NIGHT SOON, LIKE MONDAY NIGHT AT TEN.

WHENEVER IT'S DARK, I'M AVAILABLE.

WHAT WOULD WORK WITH YOU MONDAY NIGHT OR FRIDAY? NOT FRIDAY NIGHT. MONDAY NIGHT? WOULD YOU BE ABLE TO GET TOGETHER AT TEN TO LOOK AT THE LIGHTS AND RESOLVE IT? OR SOMETIME WHEN IT'S DARK? 930? WOULD THAT BE POSSIBLE? PARDON? MONDAY NIGHT.

IS THAT OKAY WITH YOU, MR. GEORGE? SUPER. OKAY.

I'D LIKE TO ADD THAT TO THE MOTION.

THANK YOU. IS THAT OKAY? HAVE YOU SAID THAT'S FINE? SUPER SECRETARY, WOULD YOU TAKE THE ROLL, PLEASE? I JUST HAVE ONE MORE QUESTION.

YES, SIR. WHAT ARE GOING TO BE THE REPERCUSSIONS IF THEY DO NOT GET IT IN COMPLIANCE BY THE 60 DAYS? IS THERE GOING TO BE A FINE THAT YOU WOULD LIKE TO PLACE? HOW ABOUT YOU COME BACK IN 60 DAYS AND WE REEVALUATE? CAN WE DO THAT? OKAY.

SO IS THAT A PART OF YOUR MOTION? YES. TO COME BACK AFTER 60 DAYS, REEVALUATE IT.

HE'LL HAVE IT FIXED BEFORE THEN.

YES. SO HE DOES NOT NEED TO RETURN.

IF IT IS IF IT COMES INTO COMPLIANCE, GEORGE WILL TELL US.

[00:45:02]

AND THANK YOU FOR BEING SO FLEXIBLE WITH YOUR TIME TO HELP, BECAUSE WIN IS MUCH BETTER THAN.

OH YEAH, I WANT TO RESOLVE FOR BOTH PARTIES, BUT A LOT OF TIMES, YOU KNOW, YOU CAN'T MAKE EVERYBODY HAPPY, BUT WE'RE TRYING TO BALANCE THAT AND YOU'LL GET PHONE NUMBERS OR WHATEVER TONIGHT BEFORE YOU LEAVE.

OKAY, GOOD. ALL RIGHT.

I CAN UNDERSTAND THAT. SO THEY NEED TO BE ASSESSED.

OH, THAT'S. YEAH.

ADMINISTRATIVE FEES ARE ALWAYS ATTACHED TO A CASE.

YOU WANT TO ASSESS ADMINISTRATIVE FEES OR NOT? TYPICALLY CASES FOUND IN VIOLATION.

THERE'S ADMINISTRATIVE FEES ASSESSED.

CAN WE REDUCE THEM? YES. IT'S AT YOUR PLEASURE.

WHAT DO YOU THINK? WHAT DO YOU THINK, FORD? DO YOU WANT TO CHARGE THE ADMINISTRATIVE FEES OR REDUCE THEM? OR WHAT'S YOUR PLEASURE? THE ADMIN FEES ARE $258.42.

BOARD. I NEED. I NEED YOUR HELP.

COME ON BOARD. CAN THAT BE ASSESSED AND THEN BE WAIVED? [INAUDIBLE] YOU MEAN, CAN YOU ORDER THEM AND THEN CHANGE YOUR MIND LATER? YES. UM, I'M SURE.

I MEAN, ESPECIALLY WITH FEES.

FINES? YOU CAN'T.

BECAUSE THE CITY COMMISSION I'M THINKING OF THE ORDINANCE WE PASSED CAN REDUCE FINES, BUT THE CASE IS NOT CLOSED.

SO THIS IS A FEE HERE.

IT'S A FEE. I THINK IN 60 DAYS YOU CAN DECIDE BECAUSE YOU'RE GOING TO HAVE IT IT BACK IN 60 DAYS.

IT NEEDS TO JUST BE ON THE AGENDA IF THEY'RE GOING TO MESS WITH FEES AND THEN MAKE THE ASSESSMENT IN 60 DAYS.

RIGHT. WE HAVE TO REVISIT IT.

OKAY. YEAH.

SO I THINK THE MOTION IS TO REVIEW IT IN 60 DAYS AND AS AN AGENDA ITEM.

AS AN AGENDA ITEM. UNLESS WHAT IF IT'S RESOLVED BEFORE THEN? IT STILL HAS TO COME BACK IN 60 DAYS.

WELL, IT'LL STILL BE ON THE AGENDA.

OKAY. BUT IF IT'S RESOLVED, YOU'LL JUST GET AN UPDATE.

AND I IMAGINE THAT OFFICER WELLS WILL TELL THE RESPONDENTS, YOU DON'T HAVE TO COME, YOU KNOW? OKAY, GREAT.

SO ARE YOU GOING TO REPEAT THAT BACK REAL FAST? OH, REALLY? CAN'T IMAGINE WHY.

ALL RIGHT. SO THE MOTION IS TO FIND THE PROPERTY IN VIOLATION OF LAND DEVELOPMENT CODE 7.010 FOR C FIVE PARKING LOT STANDARDS AND PARKING LOT DESIGN AND THE MUNICIPAL CODE SECTION 4242.

AND IF NOT IN COMPLIANCE BY 60 DAYS.

OCTOBER 2ND, 2022.

YEAH. RETURNED TO THE CODE ENFORCE THE NEXT THE FOLLOWING CODE ENFORCEMENT AND SO FORTH.

OKAY. SOUNDS GOOD.

SO IT WOULD BE NOVEMBER OR OCTOBER, MAYBE OCTOBER 2ND.

YEAH. OCTOBER 2ND. ALL RIGHT.

THAT WOULD BE IT WOULD BE IN NOVEMBER.

IT'LL BE RESOLVED BEFORE 60 DAYS.

ALL RIGHT. SO WAS THERE A SECOND? THAT WAS YOUR MOTION.

WHOSE SECOND? [INAUDIBLE] I THINK MR. THOMPSON. [INAUDIBLE] SECOND.

ALL RIGHT, GEORGE. MAKE SURE YOU HAVE HIS PHONE NUMBER AND ARRANGE FOR MONDAY NIGHT.

EXACT TIME. TEXT OR HOWEVER YOU WANT TO DO IT.

OKAY. THANK YOU VERY MUCH. SUPER.

LET'S GO ON TO THE SECOND CASE.

THANK YOU FOR YOUR PATIENCE.

I APPRECIATE THAT VERY MUCH.

YOU ARE FREE TO GO ONCE YOU GET A PHONE NUMBER.

OKAY? THANK YOU.

OKAY. THE SECOND CASE.

SHOULD I READ IT AGAIN? THE SECOND CASE?

[5.2 NEIL T. DOUGLAS & LISA A. MOHN, 1725 LISA AVE., CASE NO 2023-0058. Violation(s) of the City of Fernandina Beach Code of Ordinances exist: Section 42-117 - Exterior Structure (Maintenance). Requesting Board determination of the case.]

YES, PLEASE. NEIL DOUGLAS AND LISA A MOTION.

1725 LISA AVENUE CASE NUMBER 2023 0058 VIOLATION OF THE CITY OF FERNANDINA BEACH CODE OF ORDINANCES SECTION 42-117 EXTERIOR STRUCTURE MAINTENANCE REQUESTING BOARD DETERMINATION.

WILL THE CITY PLEASE PRESENT ITS CASE NOW? STADIUM. OKAY.

THANK YOU FOR YOUR PATIENCE ON THE LAST ONE.

THAT WAS ALL RIGHT.

LET ME SHOW YOU SOME PHOTOGRAPHS TO BEGIN WITH.

THIS IS ON THE FRONT PORCH, THE SECOND FLOOR, FRONT PORCH.

HE IS EXPOSED.

THE DECKING HERE, THE PLYWOOD THAT WAS ON THE DECKING HAS BEEN REMOVED BECAUSE THAT THAT ENTIRE FRONT PORCH IS ROTTEN.

ALL OF THE OTHER VIOLATIONS THAT THAT I CITED HIM FOR, HE HAS MADE THOSE REPAIRS AND THEY'RE IN COMPLIANCE.

[00:50:02]

THE ONLY THING THAT'S LEFT IS THIS FRONT PORCH.