[00:00:19]
>> BE SEATED. AS A POINT OF ORDER, ANY CELLULAR DEVICES ARE TO BE SILENCED AT THIS TIME. IF YOU ARE TO COME AND SPEAK FROM PODIUM, PLEASE ADDRESS MYSELF OR THE COMMISSION AS A WHOLE. ANY DOCUMENT DISTRIBUTION TO BE BROUGHT TO THE COMMISSION SHOULD
[4.1 PRESENTATION - NASSAU HUMANE SOCIETY - Nassau Humane Society Executive Director Chantel Scherer will present the "City Commission Dog of the Month."]
BE GIVEN TO MADAME CLARK FIRST AND IF YOU ARE TO TAKE ANY PHOTOGRAPHS, PLEASE REFRAIN FROM CROSSING THE FRONT ROW IN FRONT OF THE DAIS HERE. WITH THAT, WE'LL BELONG TO IDA 4, OUR FIRST PRESENTATION, NASSAU HUMANE SOCIETY DOG OF THE MONTH.CHANTEL SCHERER, TAKE US AWAY. >> GABBY IS 5 1/2. SHE IS AN ALASKAN HUSKY CROSS SHE IS VERY WELL TEMPERED. SHE GETS VERY EXCITED. IF YOU ARE INTERESTED, YOU CAN GO TO OUR WEBSITE. WE WILL NOW OPEN DAILY 11:00 5:00 SO WE ARE NO LONGER CLOSED ON
[4.2 PROCLAMATION - "EMILY ADKINS BLOOD CLOT AWARENESS MONTH" - Recognizing the month of October 2025, as "Emily Adkins Blood Clot Awareness Month." Adkins family members will be in attendance to accept the Proclamation.]
MONDAY. IF YOU WANT TO LOOK AT OUR CATS AND DOGS, YOU CAN COMEOUT ON A MONDAY. >> THANK YOU. YOU ALREADY BEAT ME TO THE PUNCH. I HAVE NO OTHER QUESTIONS.
>> THANK YOU. >> OUR NEXT PROCLAMATION, THIS IS ALWAYS A BIG ONE. WE HAVE EMILY ADKINS BLOOD CLOT AWARENESS MONTH. I WILL ASK MS. JANET TO COME ON UP WHILE WE DO THIS. IF THERE IS ANYONE ELSE ASSOCIATED WITH THE FOUNDATION THAT WOULD LIKE TO JOIN, PLEASE.
>> WHEREAS MS. EMILY ADKINS , WITH THE ATTACHMENT HUMAN, SHE WAS EXCITED ABOUT LIFE AND A RISING CAREER IN NASSAU COUNTY HELPED HER PICK SHE WAS AN ACTIVELY ENGAGED COMMUNITY VOLUNTEER, A PROUD GRADUATE OF BERNADINE BEACH -- FERNANDINA BEACH HIGH SCHOOL. SHE TRAGICALLY PASSED AWAY OCTOBER 21, 2022 FROM A PULMONARY EMBOLISM RESULTING FROM A PREVENTABLE BLOOD CLOT AND WHEREAS IN THE MONTH FOLLOWING EMILY'S HEARTBREAKING LOSS OF LIFE, EMILY'S PROMISE, A NONPROFIT ORGANIZATION WAS FOUNDED TO WORK WITH MEDICAL PROFESSIONALS AND THE PUBLIC TO EDUCATE FLORIDIANS ABOUT THE LIFE-THREATENING RISKS ASSOCIATED WITH BLOOD CLOTS.
WHEREAS, NATIONAL BLOOD CLOT ALLIANCE REPORTS AN ESTIMATED 900,000 AMERICANS ARE AFFECTED BY BLOOD CLOTS EACH YEAR, THE 100 THOUSAND -- 100,000 LIVES LOST FROM THIS CONDITION ANNUALLY. WHEREAS, THE CENTERS FOR DISEASE CONTROL AND PREVENTION REPORT THE BLOOD CLOTS CAN STRIKE ANYONE AT ANY AGE WITH RISK FACTORS INCLUDING SURGERY, PREGNANCY, AND CANCER TREATMENT THAT KILL MORE AMERICANS THAN CAR ACCIDENTS, AIDS, AND BREAST CANCER COMBINED. WHEREAS, ADVOCACY EFFORTS BY EMILY'S PROMISE LED TO THE ENACTMENT OF THE EMILY ADKINS FAMILY PROTECTION ACT IN FLORIDA, MARKING THE FIRST LAW OF ITS KIND IN THE NATION WHICH REQUIRES HOSPITALS ANSWERED IN HEALTHCARE FACILITIES TO SCREEN FOR BLOOD CLOT RISKS, TRAINED STAFF TO RECOGNIZE WARNING SIGNS, AND REPORT CASES TO A STATEWIDE RECKONING. WHEREAS, EMILY'S PROCESS CONTINUES TO RAISE PUBLIC AWARENESS, ASSESS INDIVIDUAL BLOOD CLOT RISK, ENCOURAGE THE CREATION OF BLOOD CLOT PREVENTION PLANS WITH PROVIDERS AND ADVOCATE FOR LIFE-SAVING TREATMENTS FOR THOSE AT RISK. THEREFORE, I, JAMES ANTON, VIRTUAL AUTHORITY OFFENDED ME AS MAYOR OF THE CITY OF VIRGINIA BEACH DO HEREBY PROCLAIM THE MONTH OF OCTOBER 2025 AS EMILY ADKINS BLOOD CLOT
AWARENESS MONTH. THANK YOU. >>
>> THANK YOU SO MUCH. JANET ADKINS, 863 MEDINA DRIVE. THANK YOU FOR YOUR LEADERSHIP IN ADOPTING THIS PROCLAMATION. AS DOUG AND I WENT TO TALLAHASSEE IN 2023 AND EARLIER THIS YEAR TO GET TO THESE BILLS PASSED, AT EVERY COMMUNITY, SOMEONE CHASED US OUT TO TELL US THEIR BLOOD CLOT STORY. WE HAD NO IDEA. NO IDEA THAT BLOOD CLOTS WERE AFFECTING THIS MANY FLORIDIANS AND AMERICANS AND THE PROCLAMATION SAYS AN ESTIMATED 100,000 AMERICANS WILL DIE FROM THESE PREVENTABLE BLOOD CLOTS.
THIS WORK HERE IS MEANINGFUL AND I WANT TO THANK YOU FOR YOUR
[00:05:11]
LEADERSHIP. WE HAD NO IDEA THAT BLOOD CLOTS COULD AFFECT SOMEONE AS YOUNG AS EMILY. SHE WAS 23. SHE SIMPLY FRACTURED HER ANKLE.SHE FRACTURED HER ANKLE. EIGHT DAYS AFTER THE CLINIC TOOK THE
CAST OFF, SHE DIED. THANK YOU. >> THANK YOU, MR. MAYOR AND MEMBERS OF THE COMMISSION. SO, SINCE WE WERE HERE LAST, WE HAVE PASSED, AND GOVERNOR DESANTIS SIGNED THE EMILY ADKINS FAMILY PROTECTION ACT. YOU MIGHT ASK, WHAT DOES THAT MEAN? WHAT WILL THAT DO? WELL, IT WILL REQUIRE SCREENING. WHEN YOU GO TO A FLORIDA HOSPITAL IN THE STATE OF FLORIDA , THEY ARE REQUIRED -- IT IS NOT A SUGGESTION, A MANDATED LAW TO REQUIRE THEM TO DO A SCREENING. THERE WILL BE AN ASSESSMENT OF YOUR RISK SCORE AND DURING THAT HOSPITAL VISIT. IF IT IS NOT HAPPENING, YOU MUST SAY I AM FROM FERNANDINA BEACH AND THERE IS A CERTAIN LAW PASSED BY A FAMILY AND FERNANDINA BEACH THAT REQUIRES THIS SCREENING TO HAPPEN. HAVE YOU HEARD THE NAME EMILY ADKINS AND I CAN TELL YOU YOU WILL GET THEIR ATTENTION REALLY QUICK .
THE REALITY IS, THAT WILL HAPPEN. IN THE NURSING HOMES, THEY WILL GET ADDITIONAL TRAINING ON THE IDENTIFICATION OF BLOOD CLOTS AS WELL AS EMERGENCY RESPONSE. WE ARE GOING TO UP THE GAME IN FLORIDA. FLORIDA IS LEADING THE NATION.
WHY IS THAT SIGNIFICANT? LET ME TELL YOU WHY IT IS SIGNIFICANT X THE JOINT COMMISSION WILL HAVE TO CHANGE THEIR ACCREDITATION STANDARDS FOR HOSPITALS IN FLORIDA. YOU KNOW WHAT? MY CONVERSATION WITH THEM IS GOING TO GO SOMETHING LIKE THIS. HOW ABOUT YOU GUYS JUST BE REAL AMERICAN HEROES. REAL AMERICAN HEROES STAND UP FOR PEOPLE, CITIZENS . REAL PATRIOTS ARE GOING TO TAKE UP A POSITION ON THE FRONT LINES. MAYBE YOU CAN DO THAT AS A HEALTHCARE ORGANIZATION TODAY AND MAYBE YOU SHOULD INSERT THIS INTO YOUR STANDARDS FOR HOSPITALS ACROSS THE COUNTRY . IT DOESN'T REQUIRE FOR CONGRESS OR EVERY OTHER STATE TO DO IT. FLORIDA DID IT. FLORIDA HAS ONE OF THE VERY BIGGEST STATES. THE SECOND GROUP IS MEDICARE. MEDICARE ADVANTAGE PLANS. IT WOULD TAKE THE STRUGGLE FROM ONE PERSON UP IN WASHINGTON TO SAY WE ARE GOING TO DO THIS. WE ARE GOING TO DO THIS FOR ALL OF THE ADVANTAGE PLANS. THEY WILL REQUIRE HOSPITALS TO DO THESE SCREENINGS ACROSS THE COUNTRY.
IT IS VERY SIGNIFICANT THAT THE STATE OF FLORIDA HAS ACTED. VERY SIGNIFICANT. THE OTHER SIGNIFICANT THING IS THE BLOOD CLOT REGISTRY. IF YOU CAN IMAGINE NOT COLLECTING ANY INFORMATION ABOUT CANCER, HEART DISEASE, DIABETES, WHERE WOULD WE BE? WHERE WOULD THE RESEARCH BE? WE WOULD REALLY BE IN A SERIOUS SITUATION SO THE BLOOD CLOT REGISTRY IS GOING TO GO INTO EFFECT JULY 1 OF 2026, THIS NEXT YEAR AND EVERY HOSPITAL IS GOING TO BE REQUIRED TO START RECORDING THIS DATA. IT WILL BE THE ONLY DATA REGISTRY IN THE UNITED STATES HEAR FROM THE STATE OF FLORIDA. WE JUST WANT TO THANK YOU FOR BEING REAL PATRIOTS AND REAL HEROES BECAUSE BY TAKING UP A STAND AND LENDING YOUR VOICE AND LENDING THIS COMMISSION'S VOICE TO RAISING AWARENESS, PERHAPS, MAYBE JUST PERHAPS , THERE IS ONE FAMILY THAT STARTS TO UNDERSTAND OR GETS THE MESSAGE AND WILL RAISE THAT QUESTION WHEN SOMEBODY IN THERE FAMILY STARTS TO HAVE SYMPTOMS. FROM MY PERSPECTIVE, IF WE CAN HELP ONE FAMILY AVOID THE PAIN AND HEARTACHE THAT WE WALKED THROUGH EVERY DAY, IT WAS ALL WELL WORTH IT. THANK YOU AND, THERE IS TWO OTHER THINGS I WANT TO MENTION TO YOU. WE ARE WORKING ON A DOCUMENTARY. THAT SHOULD BE ROLLING OUT THE FIRST ORDER OF NEXT YEAR. IT WILL FEATURE A LOT OF REALLY GOOD INFORMATION. IT WILL TELL EMILY'S STORY, OTHER STORIES, THE SCIENCE, THE FLORIDA STORY.
WE ARE HELPING TO SHARE THAT STORY AS A WAY OF LETTING OTHER PEOPLE KNOW WHAT IS HAPPENING AND I THINK THAT IS GOING TO
[4.3 PROCLAMATION - "HISPANIC HERITAGE FOOD FESTIVAL" - In recognition of the 4th Annual Hispanic Heritage Food Festival. Mr. Waldemar Borrero and Ms. Luisana Guevara will be in attendance to accept.]
REALLY HAVE A PRETTY PROFOUND IMPACT SO THANK YOU AND GOD>> PROCLAMATION IS FOR THE HISPANIC HERITAGE FOOD FESTIVAL. FOR ANY AND ALL WHO WISH TO JOIN US FOR THIS PROCLAMATION, PLEASE COME
ON UP TO TOTHE PODIUM. >> ALL RIGHT. WHEREAS, THE CITY OF FERNANDINA BEACH HERE DOES ISSUE A PROCLAMATION IN RECOGNITION OF THE FOURTH ANNUAL HISPANIC HERITAGE FOOD FESTIVAL TO BE HELD SATURDAY, OCTOBER 11, 2025 RIGHT HERE IN DOWNTOWN
[00:10:03]
FERNANDINA BEACH. WHEREAS, ONE OF THE MANY CORE ELEMENTS THAT DEFINE LATIN, HISPANIC CULTURE IS FOOD, WHICH IS A PROFOUND SIGNIFICANCE AND ESSENTIAL TO A CHERISHED WAY OF LIFE. WHEREAS, TRANSCENDING FROM HISPANIC CUISINE, FLAVORFUL AND DEEP IN HISTORY. THIS REGION AND TRADITIONAL DISHES ARE OFTEN PASSED DOWN THROUGH MULTIPLE GENERATIONS WAS CLOSELY GUARDED FAMILY SECRETS AND TECHNIQUES THAT CARRY ANCESTRAL STORIES AND FLAVORS AND WHEREAS FOOD FESTIVALS HAVE BECOME A LARGE PART OF THE HISPANIC TRADITION THAT THE FRIENDS OF THE FERNANDINA GATE PARK PROBABLY CHAMPION AN ORGANIZED EFFORT TO PRESERVE TRADITIONS AND CULTURAL IDENTITY. THEREFORE, I, JAMES ANTON, BY THE POWER INVESTED IN ME AS MAYOR HEREBY EXPRESS SEVERE THANKS TO THE FERNANDINA STATE PARK FOR HOSTING AND ORGANIZING THE FOURTH ANNUAL HISPANIC HERITAGE FOOD FESTIVAL.>> MY NAME IS MR. WALDEMAR BORRERO , 31 SOUTH STREET, FERNANDINA BEACH, HOME OF OLYMPIAN PRO PENSON. I WOULD LIKE TO START OUT BY SAYING, ABOUT THE LAST PROCLAMATION, EMILY'S PROMISE, LETTING PEOPLE KNOW. FRIENDS OF FERNANDINA SKATE PARK PUTS ON A SKATE COMPETITION CALLED THE EMILY'S PROMISE SKATE COMPETITION AND WHEN YOU TALK ABOUT ANKLE FRACTURES , SKATEBOARDERS DO THAT ALL THAT TIME AND WE WANT TO BRING AWARENESS TO OUR SKATING COMMUNITY SO THAT THEY CAN PASS THE WORDS ON AS WELL. IT IS A GREAT EVENT AND WE WILL LET YOU KNOW WHEN THAT EVENT WILL HAPPEN AGAIN. AS FAR AS THE HISPANIC HERITAGE FOOD FESTIVAL, I FIRST WANT TO RECOGNIZE THE LATINO BROTHERS AND SISTERS WHO ARE AT HOME WATCHING THIS
LANGUAGE ] >> I WOULD LIKE TO WELCOME EACH AND EVERY ONE OF YOU SATURDAY AT SOUTH THIRD STREET RIGHT IN
LANGUAGE ] >> THAT IS NOT TRANSLATABLE. WE WILL HAVE 24 VENDORS, FIVE FOOD TRUCKS, FOUR LATIN BANDS, ONE THAT IS COMING FROM TAMPA AND THREE LOCAL ONES.
>> THAT WILL BE FROM 1:00 TO 9:00 P.M. AND WE WILL ALSO HAVE A DOMINOES COMPETITION IF ANY OF YOU KNOW HOW TO PLAY THE GAME OF
LANGUAGE ] >> THIS IS SO GREAT LISTENING TO THAT. I JUST WANTED TO TELL HER. ESPECIALLY IN A CITY WITH THE HISPANIC HERITAGE THAT WE HAVE, OUR CITY NAME, RIGHT BEHIND YOU
IS A SPANISH NAME, FERNANDINA. >>
LANGUAGE ] >> ALSO, IN THE GREAT STATE OF FLORIDA, WHICH IS A HISPANIC NAME AS WELL, THE CULTURE IS
LANGUAGE ] >> SO GOOD. I WAS GOING TO TRY THAT MYSELF BUT AT THE LAST MINUTE, SHE SAID, I WILL DO THAT. FRIENDS OF FERNANDINA SKATE PARK CHAMPIONED THIS EVENT BECAUSE WE SAW THAT THERE WAS A NEED AND WE WANT TO WELCOME EVERY SINGLE ONE OF YOU GUYS OUT THERE THIS SATURDAY FROM 1:00 TO 9:00 P.M. AND THANK YOU SO MUCH.
[5. PUBLIC COMMENT REGARDING ITEMS NOT ON THE AGENDA]
[00:15:02]
>> ONTO OUR ITEM 5, PUBLIC COMMENTS FOR ITEMS THAT ARE NOT ON TONIGHT'S AGENDA. REMEMBER, WE WANT TO HEAR WHAT YOU HAVE TO SAY. IF YOUR ITEM IS OCCURRING LATER, THOSE WILL BE HEARD AT AN ITEM BY ITEM BASIS BUT I DO HAVE A HANDFUL THAT ARE GENERAL COMMENTS AND WE WILL START WITH MR. ORLANDO OF ILA. -- AVILA.
>> 1411 SOUTH 14TH STREET FERNANDINA BEACH FLORIDA. GOOD AFTERNOON, EVENING, MAYOR, VICE MAYOR, COMMISSIONERS, NEIGHBORS.
I APPEAR BEFORE YOU ONCE AGAIN TO SEEK A REDRESSING OF GRIEVANCES. LAST TIME I OFFERED SOME ADVICE AND I WAS READING THEM AND I AM HERE AGAIN TO OFFER YOU SOME MORE ADVICE. IT IS THE SAME ADVICE I OFFER MY OLDEST SON. HE IS A HIGH FUNCTIONING EXTREMELY INTELLIGENT YOUNG MAN WHO IS VERY PATIENT. I CAN'T ATTEST TO ANY BUZZ INTELLIGENCE WERE FUNCTIONING LEVEL BECAUSE I DON'T KNOW YOU THAT WELL BUT YOU GUYS ARE BEING WOEFULLY IMPATIENT. I DON'T UNDERSTAND THE RUSH TO PUT IN THE PAID PARKING. YOU HAVE CONSISTENTLY IGNORED YOUR CONSTITUENCY, THE VERY CONSTITUENCY THAT YOU SWORE TO SERVE. YOU ARE DISMISSIVE. YOU BASICALLY TELL US , BECAUSE I TOLD YOU SO. THAT WORKED WHEN MY KIDS WERE FOUR. IT DOESN'T WORK NOW AND IT WON'T WORK WITH US. AFTER 25 YEARS OF LIVING HERE, I HAVE NEVER SEEN AN ISSUE THAT IS SO UNITED A GROUP THAT A YEAR AGO WAS AT EACH OTHER'S THROATS AND IT HAS CROSSED AN IDEOLOGICAL PLANE. CASE IN POINT, MAC MORRIS AND I HAVE FOUGHT ONLINE FOR THE PAST 15 YEARS AND HE JUST GAVE ME A HUG.
I AM HERE TO TELL YOU WITH -- YOU THE DISMISSIVE ATTITUDE IS NOT HELPING. APPARENTLY SOME INTERVIEWS WERE DONE. I HAVE NOT SEEN THEM. A LITTLE TOO BUSY TO SIT AND WATCH TV OR WATCH THE VIDEO THESE LAST COUPLE OF DAYS BUT THE COMMENTS ARE VERY TELLING. THE THEORIES ABOUT CONFLICTS, WHETHER MR. POYNTER IS CONFLICTED BECAUSE OF BUSINESSES WERE FUTURE PROJECTS OR THE SEAWALL OR EVERYTHING WITH SOME BOUTIQUE HOTEL, ALL OF THOSE THINGS ARE NOT A GOOD LOOK AND I AM REALLY, REALLY HOPEFUL THAT YOU WILL TAKE A STEP BACK, LET THE PROCESS WORK ITS WAY THROUGH, LET THIS PETITION, THIS ORDINANCE , ALL OF THIS WORK ITS WAY THROUGH AND LET THE PEOPLE HAVE THEIR VOICE BECAUSE IT IS NOT A GOOD LOOK. I GET COMMENTS FROM FRIENDS DOWNSTATE AND OUT-OF-STATE THAT ARE SEEING THIS POP UP ON THEIR FACEBOOK FEED AND THEY ARE ASKING ME QUESTIONS. I AM HAVING TO ANSWER THEM. I GET IT. DEADLINES AND URGENCY BUT I STILL AM NOT SEEING WHY WE MUST PUSH THIS THROUGH WHEN THE PEOPLE HAVE SPOKEN. THEY ARE NOT JUST SPEAKING, THEY HAVE SPOKEN. THEY CONTINUE TO SPEAK. AGAIN, I AM ADVISING YOU, PLEASE READ THE ROOM. READ THE ROOM, READ THE ROOM. THANK YOU AND HAVE A GOOD
EVENING. >> THANK YOU. NEXT IS MR. PAUL
ORIE. >> AT EVENING, COMMISSIONERS. I AM GOING TO TAKE A FEW SECONDS OF MY TIME TO SPEAK AT THAT CHIEF OF POLICE FOR NEXT WEEK ON A POSITIVE NOTE. MYSELF, ALONG WITH A NONPROFIT CALLED FIRE WATCH ARE GOING TO COME IN AND SPEND AN HOUR FOR THREE DAYS EACH WITH THE POLICE DEPARTMENT TO TALK ABOUT VETERAN SUICIDE AND IT IS KIND OF SET UP LIKE A CPR COURSE, TO READ SIGNS OF SUICIDE, TO PREVENT SUICIDE IN THE FUTURE WHEN WE HAVE FOUND A LOT OF SUCCESS WITH POLICE DEPARTMENTS BEING ON THE FRONT LINES. I THANK YOU VERY MUCH AND I LOOK FORWARD TO SPENDING NEXT WEEK WITH YOU FOR A COUPLE OF HOURS. ON A PERSONAL NOTE, I AM APPEAR NOT ABOUT PAID PARKING, I'M UP HERE ABOUT CODE ENFORCEMENT AND AS THE MAYOR HAS SAID ONE TIME, HE HAS GOTTEN INTO BEING A COMMISSIONER TO TRY TO TAKE CARE OF A PROBLEM. CODE ENFORCEMENT, I AM NOT GOING TO LET IT GO. I FEEL LIKE WE WERE EMBARRASSED AND PLACED IN FRONT
[00:20:09]
OF A CODE ENFORCEMENT BOARD FOR ABSOLUTELY NO REASON AND I WILL GO THROUGH A QUICK TIMELINE FOR YOU. IT SEEMS LIKE NOBODY WANTS TO ADDRESS IT. WE CAME OUT WITH $600 OF ADMINISTRATIVE FEES THAT WE HAVE TO PAY IN ORDER TO PUT AN INVESTMENT INTO THIS TOWN. IN FEBRUARY AND MARCH 2020, BEFORE WE EVEN PURCHASED A HOME, THE CITY KNEW THAT THAT HOUSE WAS GOING TO BE DEMOLITION AND BY NEGLECT. THE CITY ACKNOWLEDGED IT, DEMOLITION BY NEGLECT.PEOPLE WENT IN THERE FROM THE CODE ENFORCEMENT OFFICE AND TALKED ABOUT HOW THAT STRUCTURE IS FALLING DOWN, HOW IT IS UNSAFE. THE CITY ACKNOWLEDGES THAT. WE PURCHASED A HOUSE IN 2020, EXCITED, THRILLED AND WE ARE STILL THRILLED TO THIS DAY.
IN FEBRUARY 2021, SIX MONTHS AFTER, AND YES, THERE WERE CODE ENFORCEMENT VIOLATIONS ON THE HOME BEFORE WHICH EVERYBODY WALKED AWAY FROM. WE PURCHASED A HOME SIX MONTHS LATER, WE GET A CODE ENFORCEMENT VIOLATION. FOR PEELING PAINT AND ROTTING WOOD.
OH, REALLY? THE HOUSE IS FALLING DOWN. A HISTORIC HOME IS FALLING DOWN. WE HAVE CLEARLY DEFINED PLANS WE WERE GOING TO DO IT EITHER PERSONALLY OR BUSINESS WISE. EVERYBODY KNEW EXACTLY WHICH WAY WE WERE GOING TO TRAVEL AND WE WERE SECURING AN ARCHITECT . FOR THREE YEARS. I'M GOING TO BRING UP THE BUILDING, ATLANTIC SEAFOOD AND BRATS. FOR THREE YEARS I TOOK PICTURES OF THOSE BUILDINGS FALLING DOWN. NEVER ONCE WITH CODE ENFORCEMENT OVER THERE WAS CODE ENFORCEMENT IN HERE WITH THE CITY ABOUT THE FAILING BUILDINGS. TELL ME HOW THAT IS FAIR I AM WALKING AWAY WITH $600 OF ADMINISTRATIVE FEES WHILE THOSE BUILDINGS ARE BEING DEMOLISHED AND THEY WALK AWAY
WITH A SETTLEMNT. >> THANK YOU.
>> NEXT WE HAVE MR. JACK EMMERT. >> GOOD EVENING. JACK EMBER, 1003 GROOM STREET, FERNANDINA BEACH, FLORIDA. I DON'T LIKE TO CRITICIZE BUT WHEN I AM EMPLOYING SOMEBODY, ESPECIALLY WHEN I AM PAYING THEM TOP DOLLAR, I REALLY EXPECT A LOT.
FOR A CITY THIS SIZE, IT SURPRISES ME THAT WE HAVE TWO MANAGERS. WE HAVE A CITY MANAGER AND A DEPUTY MANAGER AND THE PRICES WE ARE PAYING OUR HUGE. MY ISSUE IS THAT THEY ARE NOT ACCESSING REGULAR REVENUE STREAMS. DUES DUE FROM THE PORTS AND OTHER REVENUE , AND I WOULD LIKE TO SEE THAT CHANGED. THANK
YOU. >> THANK YOU. NEXT IS MR.
GLENN'S NEVER. >> YOU ARE ALREADY STARTING MY CLOCK. I WOULD LIKE TO HAND THESE OUT FOR THE RECORD.
>> PLEASE PROVIDE THEM TO MS. BEST AND WE WILL TAKE YOUR NAME
>> GLENN STILLER 3847 FIRST AVENUE. THE CITY OF FERNANDINA BEACH HAS LOST TWO CLASS-ACTION SUITS FOR THE EGG LEGAL ADMINISTRATION OF IMPACT FEES. THE SECOND SUIT, THE STATE OF FLORIDA JOINED IN WITH THE CLASS AGAINST THE CITY. THE CITY HIRED AN OUTSIDE CONSULTANT FOR JUST UNDER $25,000 AND WERE RECOMMENDED THEY CHANGE THE NAME OF THE FEE. THEY HAD PREVIOUSLY BROUGHT THIS ISSUE TO A COMMISSION MEETING AT WHICH TIME THE CITY ATTORNEY TOLD THE ENTIRE COMMISSION THE SUIT WAS CAUSED BY A CONSULTANT WHO HAD DONE BAD MATH ON A COCKTAIL NAPKIN. AFTER STATING THIS LUDICROUS STORY TO THE COUNCIL, NO ONE ASKED A QUESTION. A TOTAL FABRICATED STORY . $3 MILLION FOR BAD MATH ON A COCKTAIL NAPKIN, THE CITY ATTORNEY SELF INDICTED, NO ONE PUSHED BACK. AFTER MY STATEMENT, THE CITY
[00:25:02]
COMMOTION VOTED 5-02 REQUEST A STATE AUDIT. THIS AUDIT HAS NEVER OCCURRED. IN THE IMPROPER ADMINISTRATION OF IMPACT FEES CONTINUES TO THIS DAY. LET'S JUMP FORWARD A COUPLE OF YEARS TO A CASE MORE RECENT. A LOCAL BUSINESSMAN WAS BUILT WITH THE CITY FOR REDUNDANT INSPECTIONS PERFORMED BY THE CITY. THE CITY NEVER PERFORMED THOSE INSPECTIONS. THIS ACTIVITY IS AGAINST THE LAW. HE PAID THOSE CHARGES UNDER PROTEST AND HE WAS TOLD IF HE DIDN'T LIKE IT, FILE A CLAIM AND SUE THE CITY. HE DID. ABOUT A WEEK LATER, A COMPLAINT WAS FILED AGAINST HIS BUSINESS LICENSE WITH THE STATE. ANYBODY SEE A PATTERN OF INTIMIDATION? A FEW HUNDRED THOUSAND DOLLARS AND SEVERAL YEARS LATER, THE SUIT WAS SETTLED USING TAXPAYER MONEY TO LITIGATE. THE CITY AWARDED PART OF IT BACK TO HIM. THE CITY PAID ZERO LEGAL FEES BY THE PLAINTIFF TO GET HIS OWN MONEY BACK. THE CITY HAS A PATTERN OF CONDUCT TO EXHAUST THE PLAINTIFF'S RESOURCES AND SETTLE A SUIT OUT OF COURT. YOU COULDN'T GO TO COURT BECAUSE YOU WOULD LOSE. THAT IS WHY IT IS SETTLED OUT OF ORD. MIND YOU, WITH UNLIMITED RESOURCES PROVIDED BY THE TAXPAYER, SOMEWHAT EVEN ASK ME, WHY DIDN'T SOMEBODY ELSE COME FORWARD? IT OUGHT TO BE SELF-EVIDENT. EXHAUST PLAINTIFFS INTO SUBMISSION. THERE ARE OTHER EXAMPLES SUCH AS THE SMALL BUSINESS OWNER WHERE THEY HAVE THE COPY SHOP A FEW YEARS AGO WHERE SHE LOST HER ENTIRE 401(K). A SMALL BUSINESS WOMAN RUMMAGED THROUGH DURING BUSINESS HOURS AS A CITY OFFICIALS SHOWED UP AND ATTEMPTED TO INTIMIDATE HER. SHE WAS OUT $100,000.AGAIN, SEE A PATTERN? RECENTLY, THE U.S. SUPREME COURT REESTABLISHED IMPACT FEES CANNOT BE USED TO SUPPLEMENT TAXES. IT IS AGAINST THE LAW. IMPACT FEES CAN ONLY BE USED TO AMELIORATE THE COST OF THE SERVICES PROVIDED. FUNDS ARE TO BE HELD IN TRUST AND RETURNED TO THE PAYER. FEES ARE NOT TO BE MIXED IN WITH THE GENERAL FUNDS, WHICH THE CITY DOES. IT IS AGAINST BOTH STATE AND FEDERAL LAWS TO USE IMPACT FEES TO SUPPLEMENT TAXES. OUR CITY IS OPERATING CONTRARY TO ESTABLISH STATE AND FEDERAL LAW. IT SEEMS TO EXIST EVIDENCE THE CITY OF FERNANDINA BEACH CONTINUES THE IMPACT FEE LAWS.
>> THANK YOU. >> NEXT UP WE HAVE MR. ROGER
MARTIN. >> GOOD EVENING. ROGER MARTIN.
1517 ATLANTIC AVENUE. PROBABLY WITH THREE OF YOU, IT WILL SEEM AGAIN. THIS IS THE WRONG THING TO DO ABOUT PAID PARKING. I STAND HERE TONIGHT DEEPLY DISAPPOINTED IN ALL OF THE COMMISSIONERS WITH THE EXCEPTION OF DARRON AYSCUE. HE IS THE ONLY ONE WHO RESTED UP FOR THE PEOPLE OF FERNANDINA BEACH. IT IS ESPECIALLY DISAPPOINTING IN COMMISSIONER TIM POYNTER AND HIS POSITION THAT PRESENTS TO THE PEOPLE . THE COMMISSIONER HAS THE MOST TO LOSE IN THE MOST TO GAIN FROM THE DECISIONS MADE.
THE COMMERCIAL PROPERTIES ARE NOT HOMESTEAD ELIGIBLE MEANING HE DOES NOT RECEIVE THE SAME TAX PROTECTION AS THE FAMILIES WHO ACTUALLY LIVE HERE. THAT CREATES A DIRECT FINANCIAL INTEREST IN THE POLICY HE VOTES ON ESPECIALLY THOSE AFFECTING DOWNTOWN BUSINESSES, OPERATIONS AND PROPERTY VALUES. WHEN ELECTED, OFFICIALS COULD BENEFIT FROM THE OWN BUSINESS AND MAYOR ANTUN, YOU ARE INCLUDED IN THAT. THAT IS NOT ONLY NOT LEADERSHIP AT A CONFLICT OF INTEREST AND A VIOLATION OF PUBLIC ETHICS . THE CITIZENS OF THIS COMMUNITY DESERVE BETTER. THAT MAY NOT REACH THE SAME LEVEL BUT THAT DOES NOT ERODE PUBLIC CONFIDENCE. GOOD GOVERNMENT IS NOT JUST ABOUT AVOIDING WRONGDOING, IT IS ABOUT AVOIDING EVEN THE APPEARANCE OF. AMONG THOSE MISLEADING STATEMENTS MADE THROUGHOUT THIS PROCESS, PERHAPS THE BIGGEST ONE IS THE CLAIM THAT PAID PARKING WOULD BE FREE FOR CITY RESIDENTS. THAT IS WHAT WE WERE TOLD AT THE START. YET, AT THE AD HOC MIDI MEETING, IT WAS DISCUSSED THAT RESIDENTS MIGHT BE CHARGED $26 OR EVEN $50 PER VEHICLE PER YEAR. THAT IS NOT FREE. THAT IS A HIDDEN TAX ON THE VERY PEOPLE THIS COMMISSION CLAIMS TO PROTECT. THE CITIZENS WERE MISLED PLAIN AND SIMPLE. PEOPLE OF FERNANDINA BEACH HAVE MADE THEIR OPPOSITION TO THIS CRYSTAL-CLEAR. MORE THAN 1700 RESIDENTS HAVE SIGNED A PETITION TO PLACE THIS ISSUE ON THE NOVEMBER 2026 BALLOT. THAT IS NOT A SMALL GROUP. THAT IS THE VOICE OF THIS CITY SAYING WE DEMAND TO BE HEARD. I WANT TO SHARE ONE OF THOSE STORIES THAT CAPTURES THE ISSUE. ONE OF THOSE 1700 SIGNATURES BELONGS TO MY
[00:30:05]
87-YEAR-OLD MOTHER-IN-LAW. IN THE SUMMER OF 2024, SHE WAS IN HOSPICE CARE. THANKS BE TO GOD SHE RECOVERED AND WHILE SHE IS STILL RECOVERING, SHE INSISTED ON SIGNING THAT POSITION. THAT IS HOW IMPORTANT THIS WAS TO HER. TO ENSURE FAIRNESS, TRANSPARENCY AND ACCOUNTABILITY FROM HER CITY LEADERS. THE CITY HAS SPOKEN . THE RESIDENTS HAVE SPOKEN. THIS IS A CLEAR VIOLATION OF ETHICS AND A CONFLICT OF INTEREST AND SHOULD BE AND WILL BE INVESTIGATED. THANK YOU.>> THANK YOU, MR. MARTIN. LASTLY, FOR PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA IS MR. ALLEN. SPEAK --
>> HELLO. ALAN HOPKINS. I LIVE AT 2272 PIRATES BAY RIGHT HERE IN TOWN AND I AM GOING TO SPEAK ON SOMETHING ELSE LATER BUT I JUST REALIZED I NEED TO COME UP AND SPEND -- IT HAS BEEN FIVE OR SIX MONTHS SINCE I WAS LAST APPEAR. BEFORE I GO THERE, THANK YOU ALL FOR SERVING. THANKS TO STAFF. THINGS TO OUR PUBLIC SERVANTS. WE APPRECIATE ALL YOU DO FOR US. I LOVE LIVING HERE. I MOVED HERE IN 2020. THE GREATEST PLACE I CAN BE OTHER THAN MONTANA WHERE I SPENT MY SUMMERS. THAT IS WHY I HAVEN'T BEEN HERE. BUT, THE LAST TIME I WAS HERE TALK ABOUT AN ISSUE THAT AFFECTS ALL OF US AND I HAVE A REMEDY TO IT. IT WILL LITERALLY TAKE THAT MUCH WORK TO HAVE MADE YOU 100 TO $200,000 IN THE LAST FIVE MONTHS SINCE I LEFT. IT DIDN'T HAPPEN. I DON'T KNOW WHY IT DIDN'T HAPPEN. MAYBE YOU CAN EXPLAIN IT. YOU SEE, WE HAVE A BANKING RELATIONSHIP IN THE CITY WHERE THEY HOLD ALL OF OUR MONEY, ALL OF YOUR MONEY. THEY ARE PAYING US A LOT LESS THAN THEY ARE PAYING THE COUNTY FOR THE SAME SERVICES, SO MUCH SO THAT IT HAS COST YOU BETWEEN $100,000, $200,000 SINCE I HAVE BEEN GONE. YOU PROBABLY COULD HAVE USED THAT MONEY. YOU COULD HAVE USED THAT MONEY TOO. YOU ARE ASKING FOR ALL OF THESE OTHER PROJECTS AND YET, THIS WOULD HAVE BEEN ACCOMPLISHED BY THE CLICK OF A KEYBOARD FROM THE BANK THAT WE USE. THIS HAS BEEN GOING ON FOR YEARS. ANYWAY, I HOPE YOU GET IT
[6. CONSENT AGENDA]
FIXED . I WILL SEE YOU IN A FEW MINUTES. THANK YOU.>> THANK YOU. THAT WILL MOVE US ALONG TO ITEM 6, OUR CONSENT AGENDA. 20 COMMISSIONERS WISH TO PULL AN ITEM FROM THE CONSENT
AGENDA? >> I HAVE A MOTION AND A SECOND.
ANY ADDITIONAL COMMISSIONER DISCUSSION? SEEING NONE, PLEASE
START THE VOTE. >> THAT MOTION PASSES 5-0 WHICH
[7.1 LEGAL DIRECTION - RAYONIER PERFORMANCE FIBERS, LLC'S CLAIM PURSUANT TO THE BERT J. HARRIS, JR. PRIVATE PROPERTY RIGHTS ACT - RESOLUTION 2025- 183 AUTHORIZING THE CITY ATTORNEY TO TAKE ACTION AS REQUIRED BY STATUTE IN THE MATTER OF RAYONIER PERFORMANCE FIBERS, LLC’S NOTICE UNDER THE BERT J. HARRIS JR. PRIVATE PROPERTY RIGHTS PROTECTION ACT; AUTHORIZING THE CITY COMMISSION’S RESPONSE TO THE CLAIM; AUTHORIZING ADMINISTRATIVE CORRECTIONS OF SCRIVENER’S ERRORS; AUTHORIZING EXECUTION; PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Provides direction to the City Attorney in the above-mentioned matter.]
BRINGS US TO ITEM 7. THE FIRST ITEM IS 7.1, OUR LEGAL DIRECTION FOR PERFORMANCE FIBERS LLCS CLAIMS PURSUANT TO THE BERT J HARRIS PRIVATE PROPERTY RIGHTS ACT.>> THANK YOU, MR. MAHER. GOOD EVENING, COMMISSIONERS. WE ARE HERE TONIGHT BECAUSE WE HAVE RECEIVED A NOTICE OF CLAIM THAT WAS RECEIVED BY THE CITY ON JULY 11, 2025. I AM WATCHING TO MAKE SURE WE RECONNECT SIGNAL. ON JULY 11, 2025, WE DID RECEIVE IT FROM RAYONIER PERFORMANCE FIBERS WHICH WE WILL REFER TO AS. THAT IS HOW YOU ALL KNOW IT. THAT NOTICE CLAIMED THAT THE CITY WRONGFULLY DENIED A PROJECT AND IN DOING SO WE INORDINATELY BURDENED THE EXISTING USE OR VESTED PROPERTY RIGHT. AS SUCH, UNDER CHAPTER 70, SPECIFICALLY 70.001, WHICH I HAVE ASKED TO BE PUT ON THE SCREEN, YOU HAVE TO DO SEVERAL THINGS. ONE IS WITHIN 90 DAYS, UNLESS EXTENDED BY THE PARTIES, WHICH THEY DID EXTENDED 30 DAYS. THE CITY COMMISSION SHALL MAKE A WRITTEN SETTLEMENT OFFER TO EFFECTUATE ONE OF THOSE 11 ITEMS. I UNDERLINED THAT SHALL. I TOOK THE INITIATIVE TO PROVIDE THAT EMPHASIS. TONIGHT,
[00:35:02]
WE ARE HERE TO SATISFY THE STATUTORY OBLIGATION TO TALK ABOUT THESE 11 ITEMS. WITH US THIS EVENING, WE ARE GOING TO HAVE LITIGATION COUNCIL . WE ALSO HAVE A CO-AUTHOR OF THE LEGAL OPINION THAT WE RECEIVED AND ALSO EXTENSIVE EXPERIENCE IN CLAIMS AND WILL BE ADVISING THE COMMISSION. WHEN WE TAKE DOWN THE SCREEN, YOU WILL BE ABLE TO SEE THEM. TONIGHT, YOU WILL HEAR FROM THEM, SOME OF YOUR VARIOUS OPTIONS . YOU WILL HAVE TO DECIDE BETWEEN THESE 11 OPTIONS AND IF YOU HAVE YOUR DISCUSSION THIS EVENING AND YOU CHOOSE OPTION 11, THEN YOUR DIRECTION TO US WOULD BE NO CHANGE TO THE ACTIONS OF THE GOVERNMENT THAT HAS TAKEN WHICH IS NO ACTION TO THE ACTIONS THAT THE CITY HAS TAKEN, DENYING THE PERMIT. IF YOU CHOOSE TO ENTER INTO DISCUSSIONS, YOU CAN AVAIL YOURSELF OF ANY OF THE OPTIONS ONE THROUGH 10 ON THE SCREEN. IT IS MY OPINION THAT YOU CANNOT DO THAT TONIGHT. IF YOU FIND, AFTER YOU LISTEN TO YOUR RESIDENT SEND YOU START HAVING A DISCUSSION THAT YOU WOULD LIKE TO INVESTIGATE SOLUTIONS AND POTENTIAL SETTLEMENT FURTHER, YOU WOULD CONTINUE THIS MATTER TO A CERTAIN AND DIRECT MYSELF AND LITIGATORS TO INVESTIGATE POTENTIAL SETTLEMENT OPTIONS.AND, ONCE YOU HEAR FROM THEM, YOU WILL TAKE PUBLIC COMMENT BUT IF YOU FIND THAT YOU DO WANT TO PROCEED WITH LOOKING AT ONE 310 -- ONE THROUGH 10, WE CAN HELP YOU MOVE FORWARD. AT THIS TIME, I WILL TAKE, ASK THAT THE SLIDE BE TAKEN DOWN AND WE WILL INTERVIEW -- WE WILL INTRODUCE MS. SUSAN, WHOSE PICTURE IS ON THE SCREEN AND MR. SAM WHOSE PICTURE IS ALSO UP THERE AND HE MAY SPEAK AS WELL OR THEY MAY SHARE SOME SLIDES AND GO OVER
SOME ITEMS. WITH THAT. >> GOOD EVENING. CAN YOU HEAR
>> RATE. SAM IS GOING TO GIVE SOME INTRODUCTORY REMARKS AND THEN I WILL GO FROM THERE. GO AHEAD.
>> GOOD AFTE THE CITY IN DEFENSE OF ONGOING LITIGATION THAT WE HAVE RIGHT NOW WITH RAYONIER. AS YOU KNOW, THERE ARE CURRENTLY TWO CASES AGAINST THE CITY. ONE IS ASKING FOR RELIEF TO STAY THE COURSE AND THE OTHER IS ASKING DISSEMINATION CLAIM IN FEDERAL COURT. AT SOME FUTURE DATE, WE WILL FORWARD YOU THE CASES BUT THAT IS NOT WHY WE ARE HERE TONIGHT. AS THE CITY ATTORNEY MENTIONED, WE ARE HERE TONIGHT BECAUSE THE CITY RECEIVED THE INDEPENDENT TWO OTHER CASES AND WE ARE REQUIRED TO RESPOND TO THAT CLAIM. WHAT IS IMPORTANT TO NOTE IS THAT EVEN IF THE CITY WERE TO PREVAIL ON THE TWO CASES THAT WERE PENDING, THE CITY WOULD STILL RESPOND TO AND DEFEND AGAINST THE CLAIM TO HAVE THE DISCUSSION AND WITH THAT, THEY CAN PROVIDE YOU ALL WITH MORE COLOR.
>> THANK YOU. >> I AM GOING TO SHARE MY SCREEN NOW AND PROVIDE SOME INFORMATION ABOUT WHAT WE ARE DOING THIS
EVENING. >> YOU CAN CONFIRM THAT THAT IS
WORKING? >> YES, WE CAN SEE IT. THANK
YOU. >> AS SAM JUST TOUCHED UPON, THERE IS PARADOX HERE AND IT TAKES A MOMENT FOR IT TO SINK IN. IF WE ASSUME THAT THE CITY IS 100% CORRECT IN HAVING ANALYZED THE APPLICATION, THAT IT SHOULD HAVE BEEN DENIED AS A VIOLATION OF THE CODE, THAT MADE IT SO THOSE LAWSUITS -- IT MERELY PUT US IN A POSITION WHERE WE ACTUALLY APPROACH THE CASE. THE HARRIS ACT IS ON THE VALIDITY OF THE GOVERNMENT
[00:40:07]
ACTION AND FOCUSES ON THE CONSEQUENCES OF THAT CHANGE. IS IT TOO BURDENSOME ON THE PRIVATE RIGHTS? IT IS IMPORTANT TO UNDERSTAND THE PARADOXICAL NATURE AND THE OVERALL SITUATION. TONIGHT IT IS ABOUT THE RESPONSE TO THE CLAIM. WE DO NOT HAVE A LAWSUIT BECAUSE IT DOESN'T WORK THAT WAY. WE GO TO THIS PROCESS OF OFFERING. AT THE CONCLUSION, RAYONIER CAN EITHER ACCEPT THE SETTLEMENT OFFER FROM THE CITY WHERE THEY CAN REJECT IT , WHATEVER THAT OPTION WILL BE. AT THAT POINT, THE STATUE THEN ALLOWS THEM TO MOVE FORWARD WITH LITIGATION IF THEY SO DESIRE. WHAT IS BEING CONSIDERED TONIGHT IS THE CLAIM THAT THE TIMEFRAME HAS BEEN EXTENDED. WE HAVE TO EVALUATE AND ADDRESS THE OPTIONS ONE THROUGH 11. IF THERE IS A DESIRE FOR THE COMMISSION TO LOOK IN WITH ALL OF THOSE OPTIONS OTHER THAN 11, THERE IS TIME AND WE COULD POTENTIALLY, THIS EVENING, MY COMMISSIONS OFTEN APPROACH THE FIRST THREE. THERE IS DIFFERENT LOCAL GOVERNMENTS. I WILL VOTE YES SO I CAN HEAR MORE. WE HAVE TIME AND SPACE TO ALLOW FOR THIS KIND OF DYNAMIC FOR THE COMMISSION.WHAT IS NOT BEING CONSIDERED TONIGHT AND IS NOT ON THE AGENDA IS REALLY NOT A PROPER DISCUSSION IS THE LEGALITY OF THE PROPOSED
>> THERE ARE TIMES AND BECAUSE THEY ARE PENDING LITIGATION, ALLOWS US TO MEET WITH THE GOVERNING BODY, DISCUSSION IS WHERE WE ARE NOW. WITH THAT IN MIND, I WILL PUT BACK UP THE LIST OF ONE THROUGH 11 THAT TERESA INTRODUCED, AND I THINK THAT TURNS US TO WOULD LIKE TO ASK ANY QUESTIONS AT THIS TIME OR HAVE ANY DISCUSSION OR LIKE TO TAKE PUBLIC COMMENT AT THIS TIME, WHAT WITH THE COMMISSION LIKE TO DO BEFORE YOU START DISCUSSING ?
>> I THINK IT WOULD BE BEST TO AT LEAST BEGIN SOME COMMISSIONER QUESTIONS, THEN FINISH WITH OUR PUBLIC COMMENT, THEN SEE IF THERE IS ANY INTEREST IN THE COMMISSION ON WHAT
]. >> AND BEFORE WE GO INTO YOUR QUESTIONS, I WANTED TO REITERATE FOR THE PUBLIC WHAT ] HAD SAID, WE ARE NOT IN EXECUTIVE SESSION OVER THIS MATTER BECAUSE I CALLED IN A NOTICE IN MY COVERSHEET, BECAUSE WHEN YOU HEAR THE WORD "CLAIM" YOU THINK A LAWSUIT, BUT BECAUSE WE HAVE RECEIVED NOTICE AND IT IS NOT PENDING LITIGATION, THIS COMMISSION CAN ONLY DISCUSS THESE MATTERS WITH ONE ANOTHER IN THIS OPEN FORUM AT THIS TIME, OKAY? AND SO, THAT IS WHY WE ARE HERE AND WHY THEY WILL BE ASKING QUESTIONS IN THIS OPEN FORUM, AND IF YOU HAVE QUESTIONS -- AND I HEARD THEM CALLING EACH OTHER AT SAM AND SUSAN, SO I THINK WE CAN DO THAT, IF YOU HAVE ANY QUESTIONS FOR SAM OR SUSAN BEFORE WE MOVE INTO PUBLIC COMMENT, THEN WE CAN WELCOME THOSE RIGHT NOW.
>> I HAVE MR. TUTEN ? ANY COMMISSIONER QUESTIONS FOR OUR LEGAL TEAM? SEEING NONE, WE WILL GO TO PUBLIC COMMENT.
>> OUR FIRST SPEAKER WILL BE DR. LISA WHITE.
>> GOOD EVENING, DR. LISA WHITE, 814 SOUTH SIXTH STREET. I WORKED
[00:45:05]
HARD LAST FALL TO MAKE SURE WE GOT OUR COMMISSIONERS, UM, ELECTED. THEY WORKED HARDER THAN I DID BY FAR. I DIDN'T WORK AS HARD AS ANY PEOPLE. BUT I LOOK AROUND AND I KNOW WHAT WAS PROMISED TO US WAS THIS FORWARD. IT'S OKAY, MY RESEARCH INTEREST WAS CHILDHOOD CANCER CLUSTERS AND CANCER CLUSTERS AROUND THE COUNTRY. THEY TEND TO BE GROUPED AROUND ENTITIES LIKE THIS BIOETHANOL PLAN. THERE ARE PLENTY OF THEM. I WILL PUT TOGETHER A DOCUMENT THAT SHOWS YOU THE RYAN FACILITY IN FRANCE IS CURRENTLY POLLUTING THE AIR TO THE POINT IS MAKING CITIZENS SICK, PHYSICALLY ILL. AND YOU KNOW, WE CAN TALK ABOUT A LOT OF THINGS AND I DON'T REALLY TALK ABOUT ANY LEGAL THINGS, I AM A RESEARCH SCIENTIST. I HAVE TO SAY, THIS IS A MOVE OFF ISLAND ENTITY FOR ME IF YOU BUILD THIS SPRING IT IS NOT LIKE ANYBODY CARES SAYING THAT BUT IF THIS GOES ON THE ISLAND, THIS IS -- WHEN THERE IS AN EXPLOSION, WHEN THERE IS A FIRE, WHEN THERE IS SOME KIND OF PROBLEM OVER THERE, IT IS GOING TO DECIMATE THE ISLAND, POSSIBLY BRIDGE TO GET OFF THE ISLAND THERE IS A NUCLEAR INSTALLATION OF SUBMARINES UP AT ST. MARY'S AT KINGS BAY. THAT IS WITHIN THE BLAST RADIUS. THAT IS THE MOST DECOMMISSIONED NUCLEAR SUB WEAPONS IN THE COUNTRY SITTING THERE, WAITING FOR THEM TO DECOMMISSION , AND SO, LIKE I GUESS WE COULD TALK ABOUT A LOT OF THINGS. I WILL BE VERY QUICK AND END THIS BECAUSE THERE IS ONLY ONE THING THAT MATTERS TO ME, HUMAN LIFE. THIS IS NOT CONDUCIVE TO HUMAN LIFE CONTINUING ON THIS ISLAND. AND I DON'T KNOW WHEN SOMETHING WILL HAPPEN, BUT SOMETHING WILL HAPPEN , AND HAS ANYBODY SEEN THE VIDEO THAT JUST CAME OUT OF THE EXPLOSION OF A BIOETHANOL CARRYING TRUCK AND WHAT THAT DID TO A SIX LANE HIGHWAY AND STOPPING -- THERE IS NO WAY TO TAKE THAT MUCH OFF WITH ALL THESE TRUCKS AND THESE SMALL ROADS AND CONTINUE ]. THERE WILL BE A PROBLEM OVER THERE AND WHILE WE ARE SITTING HERE WAITING FOR A FIRE, AN EXPLOSION, ANYTHING, IT DOESN'T HAVE TO BE AN ALL LEVELING EVENT, IT IS STILL GOING TO PUT DIRTY STUFF, FOREVER CHEMICALS INTO THE INTERCOASTAL WATERWAY TO FIGHT THE FIRES, IT IS STILL GOING TO -- EVERYTHING, SO -- DO WE PICK MONEY FOR RYAN OR DO WE PICK HUMAN EXISTENCE , SAFE>> NO, BEEN FROM THE AUDIENCE, PLEASE, WE HAVE TO MAINTAIN DECORUM IN THE CHAMBERS. NEXT UP, WE HAVE MR. FRANKLIN.
>> GOOD EVENING, FRANKLIN, 1559 PLANTATION OAKS TERRACE. THANK YOU FOR HAVING ME TONIGHT. I AM THE PRESIDENT OF BIOETHANOL INAUDIBLE ], AND I AM HERE TONIGHT SOLELY TO JUST ENUMERATE THE POSITION OF NO ETHANOL BIT SURPRISED BY THE PRESENTATION FROM Y SIROTA, I AM NOT REALLY CLEAR ON THE CONCEPT OF WE ARE ONLY LOOKING AT THE CONSEQUENCES, NOT THE LEGALITY. I AM NOT REALLY SURE WHAT SHE MEANS BY THAT, BUT IN ANY EVENT, I DO WANT TO JUST VOICE OUR OPPOSITION TO ENTERING INTO NEGOTIATIONS WITH RYAN. WE DON'T BELIEVE IT IS APPROPRIATE, WE THINK OPTION NUMBER 11 IS THE OPTION THAT THIS COMMISSION SHOULD GO WITH, AND THAT IS THE OPTION THAT SAYS WE ARE NOT CHANGING ANYTHING. WE HAVE A COMP PLAN, WE HAVE AN LDC, BOTH OF THOSE Y SIROTA HAS ALREADY DETERMINED. SAY THAT THIS IS NOT AN ACCEPTABLE USE ON THE ISLAND, PERIOD. END OF STORY, END OF DISCUSSION. SO,
[00:50:06]
BEYOND 11, THERE IS NO REASON, THERE IS NONE. AND IT'S -- YOU KNOW, WE ARE HERE NOW ON BUILT, THAT'S WHAT THEY WANT. AS THEY MENTIONED, YOU HAVE ALREADY GOT THE STATE LAWSUIT, THE FEDERAL LAWSUIT. THEY TRIED IN THE FLORIDA LEGISLATURE, WE KILLED THAT LEGISLATION. NOW THEY HAVE BROUGHT THIS CLAIM UNDER THE HARRIS ACT. THE CITY COMMISSION SHOULD NOT NEGOTIATE WITH THEM , PERIOD. THAT IS OUR POSITION, AND THAT IS BASED ON WHAT THEY DETERMINED, BECAUSE WHAT THEY DETERMINED IS YOU HAVE ÚA VALID COMPREHENSIVE PLAN, LD, PERIOD, THAT'S THE END OF THE DISCUSSION. WHEN YOU LOOK AT THE BERT HARRIS ACT, ONE OF THE THINGS IT LOOKS THAT IS WHAT IS THE IMPACT ON THE RESIDENTS. IN OTHER WORDS, IS THIS SOMETHING THAT IS GOING TO NEGATIVELY AFFECT THEM IF YOU STEP OUTSIDE OF WHAT YOUR COMPREHENSIVE PLAN SAYS. AND THE FACT OF THE MATTER IS THE ONLY WAY TO NEGOTIATE WITH THEM ON THIS IS TO ALLOW THEM TO BUILD THIS FACILITY, WHICH IN FACT WILL STEP OUTSIDE OF THE COMPREHENSIVE PLAN AND THE LDC AND WILL IMPACT ALL OF THESE RESIDENTS, AND THAT IS NOT ACCEPTABLE. AND THIS COMMISSION SHOULD NOT ENTER INTO THOSE NEGOTIATIONS. YOU KNOW, IF THEY WERE TO DO THAT, THEY WOULD BE REQUIRED TO DO AN AMENDMENT TO YOUR COMPREHENSIVE PLAN. THAT IS THE OPINION OF WEISS SEROTA.WITH THAT, I WILL JUST AGAIN SAY DO NOT NEGOTIATE WITH RYAN ON
THIS. >> NEXT, WE HAVE MR. RICHARD.
>> MR. MAYOR, IF I MAY, THE ATTORNEYS HAVE ASKED IF YOU COULD SPEAK INTO THE MICROPHONE A LITTLE BIT BETTER, SO THEY CAN HEAR YOU, JUST TO THE BEST YOU CAN, THANK YOU.
>> RICHARD, 676 KING GEORGE LANE. I AM NOT HERE TO TALK ABOUT THE PROS OR CONS OF BIOETHANOL NOT EQUIPPED TO DO THAT, BUT AS IT COMES TO THE LAWSUITS, AS IT COMES TO THIS LIST OF 11 THINGS, I -- I AM PROBABLY THE MOST NAÏVE PERSON IN THE ROOM, AND MAYBE THE MOST IDEAL ], BUT IN THE SPIRIT OF PEACEMAKING, AND I KNOW ALL OF YOU WILL DO THE RIGHT THING, WE DON'T HAVE TO -- YOU DON'T HAVE TO DO ANYTHING TONIGHT. YOU DON'T HAVE TO VOTE ON THIS TONIGHT. AND SO, I AM HOPING THAT BEFORE WE DO THAT AND BEFORE WE GET TANGLED UP IN AN EMOTIONAL LAWSUIT, THAT YOU MIGHT TALK WITH THE FLESH AND BLOOD PEOPLE WHO LIVE HERE, WHO LIVE IN OUR NEIGHBORHOODS, WHO WORK THERE, AND WHO ARE INVOLVED IN THIS PROJECT. I KNOW BECAUSE I HAVE OCCASIONAL CONVERSATIONS WITH A SENIOR MEMBER WHO WORKS THERE WHO IS INVOLVED IN THIS PROJECT, AND SO I KNOW BECAUSE I TALK WITH THEM ALL THE TIME. THE PEOPLE ON THIS LIVE IN THE CITY, THEY LOVE THE CITY AND THEY LOVE LIVING HERE AS MUCH AS ANY OF US LOVE LIVING HERE. I KNOW BECAUSE I TALK WITH THIS MAN OFTEN, NOBODY WHO WORKS THERE WOULD INTENTIONALLY OR WILLINGLY OR KNOWINGLY PUT THEIR FRIENDS IN ANY JEOPARDY. THEY LIVE HERE, THEY WOULDN'T KNOWINGLY AND INTENTIONALLY DO THAT. I KNOW BECAUSE I OFTEN TALK WITH MY NEIGHBOR MARK THAT HE WOULD NOT INTENTIONALLY OR WILLINGLY JEOPARDIZE HIS WIFE AND HIS DAUGHTER. AND SO, I KNOW THAT MANY OF THE PEOPLE WHO WORK THERE AGREE BY THE TENSION THAT HAS COME UP BETWEEN THE CITY AND BETWEEN THE COMPANY. SO, I'M JUST HOPING THAT BEFORE WE GET INTO THIS LAWSUIT, WE CAN TALK WITH THESE MEN AND WOMEN WHO LIVE HERE AND WHO WORK HERE AND WHO WERE THEM ABOUT THE RELATIONSHIP BETWEEN THE CITY AND THE COMPANY AND HOW IT GOES FORWARD AND HOW IT MOVES, REGARDLESS OF HOW YOU VOTE ON THIS, REGARDLESS OF WHAT YOU DO, WHAT DO WE DO WITH A BIG COMPANY WHO HAS BEEN HERE A VERY LONG TIME AND IS STILL GOING TO BE HERE FOR A VERY LONG TIME? HOW DO WE CARE FOR AND NURTURE THAT RELATIONSHIP? YOU KNOW, THEY HAVE BEEN HERE FOR A VERY LONG TIME BEFORE THIS, YOU KNOW, I WAS AWARE, I AM PRETTY SURE THAT THE DONATED LAND TO THE CITY FOR THINGS. I KNOW THEY HAVE DONATED MONEY TO CHARITABLE ORGANIZATIONS, THEY HAVE DONATED SAFETY SUPPLIES TO THE FIRE DEPARTMENT AND OUR HOSPITALS.
[00:55:02]
AND SO, IT IS CLEARLY A HARD ISSUE. AGAIN, I'M NOT EQUIPPED TO MAKE DECISIONS ABOUT THE PLUSES AND MINUSES OR BIOETHANOL, BUT I DO HOPE -- BECAUSE I THINK IT IS GOOD FOR EVERYBODY, FOR US TO DO WHAT WE CAN TO NURTURE OUR RELATIONSHIP WITH THE BIG COMPANIES ON THE ISLAND. THANK YOU.>> THANK YOU. NEXT WE HAVE JOHN PARK.
>> GOOD EVENING, MR. MAYOR, COMMISSIONERS, AND STAFF. JOHN HART, 5053 BETTY IS LANE. IF THE CITY AND BRIANNE WERE WILLING TO DISCUSS OPTIONS BASED ON DECISION QUALITY INFORMATION AS TO THE SAFETY OF THE PLANT AND THE ENVIRONMENTAL RISK, I BELIEVE THERE WOULD BE NUMEROUS OPTIONS THAT WOULD RESOLVE THIS DISPUTE, BUT AT PRESENT, THAT INFORMATION DOES NOT EXIST. THIS WAS SUBMITTED WITH THE ORIGINAL COMPLAINT. IT IS FATALLY FLAWED.
IT IS A HAZARD ANALYSIS. A HAZARD ANALYSIS IS SIMPLY THE FIRST STEP TO DETERMINE THE SAFETY OF A PROJECT OF THIS NATURE AND THIS LOCATION. WHAT IS NEEDED IS A FULL , QUANTITATIVE RISK STUDY. THAT STUDY , BY PROPERLY CERTIFIED ENGINEERS, WOULD ASSESS HAZARDS ANEW, RUN MONEY FOR SIMULATIONS, MAKE PROBABILITY ASSESSMENTS, AND PRIORITIZE MITIGATION STRATEGIES. IF THE COMMISSION WERE ARMED WITH THIS KIND OF INFORMATION, RELIABLE AND VALUABLE INFORMATION, I BELIEVE THAT OPTIONS UNDER 2, 5, OR 7 WOULD BE AVAILABLE. EITHER CONDITIONING THE USE OR MITIGATING THE USE OR EVEN PAYMENTS PATH AT THIS POINT IN TIME IS TO FIND OUT WHETHER RYAN IS TRULY A WILLING PARTNER. AND THE WAY TO DO THAT IS TO SAY NO UNDER NUMBER 11 AT THIS POINT IN TIME, BECAUSE YOU REALLY DON'T HAVE THAT INFORMATION. AND IF YOU NEGOTIATE WITHOUT PROPER INFORMATION, YOU ARE JUST STATEMENT OF LIABLE USES, AND I THINK THIS INTROVERTED THING WILL SAY THAT IF YOU GO WITH NUMBER 11, CITIES , USE THAT STATEMENT OF ALLOWABLE USES TO DO THIS. AGREE TO A JOINT -- TO SECURE -- JOINTLY SECURE A QUANTITATIVE RISK STUDY. NEGOTIATE POTENTIAL SOLUTIONS UNDER 2, 5, 7 BASED ON THAT NEW INFORMATION, AND DO SO IF NEEDED BY MEDIATION. THE HARRIS ACT SPECIFICALLY EMBRACES ARE ENCOURAGED TO UTILIZE OR FACILITATE, TO AUGMENT OR FACILITATE WHAT? THE COUNTRY THAT YOU FACE NOW, PRECISELY THAT QUANDARY, SO THE OPTION IS AVAILABLE TO YOU AND I WOULD ENCOURAGE YOU TO TAKE IT, TO LAY THE FOUNDATION FOR A SMART LAD RESOLUTION. SO, WHAT MIGHT SOME SORT OF RESOLUTION BE? I WILL JUST NAME ONE. ONE MIGHT BE --
>> FIVE MORE SECONDS, MR. HART, PLEASE.
>> ONE MIGHT BE TO ALLOW RYANNE TO CONDUCT SITE. YOU DO THAT, AND TO MOVE THE RISK ASPECTS OFF-SITE, YOU ACHIEVE CERTAIN THINGS. RYANNE CAN INNOVATE, REMAIN COMPETITIVE, EMPLOY NEW WORKERS , REDUCE THE SPELLS. THANK YOU.
I WOULD ENCOURAGE YOU TO GET THAT INFORMATION BEFORE
INAUDIBLE ]. >> THANK YOU, SIR. NEXT, WE HAVE MR. WOODS COURT IN FERNANDINA, GOOD EVENING, EVERYONE, I WANT TO FOCUS ON MY COMMENTS. THE QUESTION AT HEART IS REALLY IS A BIOETHANOL PLANT MANUFACTURING OR NOT? THAT IS REALLY THE ESSENTIAL QUESTION. SO, LET'S LOOK AT THE NORTH AMERICAN INDUSTRY SPECIFICATION SYSTEM, WHICH IS AN AMERICAN CODING SYSTEM USED BY FEDERAL AGENCIES TO CLASSIFY BUSINESSES. IT IS USED FOR FEDERAL AGENCIES FOR MANY PURPOSES, INCLUDING REGULATORY PERMITTING, IN WHICH ACCURACY IS ESSENTIAL TO ENSURE CONTINUED PROTECTION OF PUBLIC HEALTH , ESPECIALLY FROM
[01:00:04]
PERSISTENT POLLUTANTS, THAT'S WHAT REMEMBER THIS, TO PROTECT THE HEALTH.NOT NOW, NOT EVER, NO BIOETHANOL PLANT HERE. LET'S LOOK AT THE CODES TO DETERMINE WHAT IS A CORRECT SPECIFICATION OF THE BIOETHANOL PLANTS. THE CODE HAS VARIOUS CHAPTERS. 325 IS CHEMICAL MANUFACTURING. AND BY DEFINITION, THAT IS WHEN YOU TRANSFORM A RAW MATERIAL INTO FINAL PRODUCTS, JUST LIKE BRIAN IS TRYING TO DO, TO ETHANOL, THAT IS CHEMICAL MANUFACTURING.
INCIDENTALLY, THE HIERARCHY FOLLOWED SUIT BY ADDING THE SUFFIX 3251, BASIC CHEMICAL MANUFACTURING, IT CAN'T BE ANY MORE CLEAR, THEN FOLLOWED ON THE LINE, 193, ALCOHOL ETHANOL MANUFACTURING. IT'S CLEAR. THIS CLASSIFICATION INCLUDES ETHANOL BY FERMENTATION. RYAN EVIDENTLY IS TRYING TO CONFUSE YOU. THIS IS CHEMICAL MANUFACTURING, PERIOD. IF YOU GO TO WHAT THEY HAVE CLAIMED, IT IS JUST LIKE BEER, JUST LIKE WINE, WELL, WHILE NEXT SENTENCE, 312 , TALK ABOUT TOBACCO. 312 SPEAKS TO THE INDUSTRY GROUP THAT ENCOMPASSES WHAT THEY CLAIM THE PRODUCT TO BE. IT IS NOT. IT IS NOT. YOU SEE THERE LISTED, BREWERIES, WINERIES, AND DISTILLERIES. THE REASON WHY THEY ARE A DIFFERENT CLASSIFICATION GROUP IS LET'S REMEMBER, ACCURACY OF THIS CLASSIFICATION IS ESSENTIAL TO PROTECT PUBLIC HEALTH. I URGE YOU TO VOTE NO, NOT TO SETTLE, NOT NOW, NOT EVER, THIS PLANT DOESN'T BELONG HERE, IT IS CHEMICAL MANUFACTURING, THERE IT IS IN OUR COMPREHENSIVE PLAN AND IT WOULD BE A VIOLATION OF OUR COMPREHENSIVE PLAN. THERE ARE NO IT IS OR BUTTS, THIS IS CHEMICAL MANUFACTURING AT ITS BEST. LET ME ASK YOU SOMETHING ELSE, SINCE I HAVE TIME. UNDER 325, CHEMICAL MANUFACTURING, 325 193, YOU FIND ALL, ALL THE FACILITIES THAT ARE CURRENTLY USING BIOETHANOL IN IOWA, NEBRASKA, OMAHA, MONTANA, ET CETERA, ET CETERA. GO CHECK IT. AND CIS.COM. ALL OF THEM ARE THERE, THIS IS A NO-BRAINER,
THIS IS CHEMICAL MANUFACTURING. >> THANK YOU. NEXT, WE HAVE
INAUDIBLE ]. >> 1003 PLANT WOULD WITHOUT A DOUBT SIGNIFICANTLY INCREASE THE LIKELIHOOD OF A DEVASTATING ACCIDENT IN OUR COMMUNITY.
HAVING BEEN THOSE FOREWARNED, RYAM SHOULD THEN BECOME LEGALLY RESPONSIBLE FOR ANY AND ALL RESULTING LOSS OF LIVES, PROPERTY, AND INJURIES. WE, THE RESIDENTS OF THIS ISLAND CHOOSE TO PROACTIVELY AVOID ALL CONSEQUENCES IN THE FIRST PLACE.
DOES ANYBODY KNOW THE DIFFERENCE BETWEEN COLLATERAL DAMAGE AND SLAUGHTER? I JUST HAVE TO LOOK AT THAT WORD BECAUSE IT DOESN'T LOOK LIKE IT SHOULD BE SAID. COLLATERAL DAMAGE AND SLAUGHTER ARE THE SAME THING. THE USE OF COLLATERAL DAMAGE INVENTED IN 1962 , WAS INVENTED TO MINIMIZE THE APPEARANCE OF SLAUGHTERING INNOCENT CIVILIANS. I AM GLAD YOU THINK THAT'S FUNNY, SIR.
SO, THE PHOTO ON THE SCREEN IS FROM LAST YEAR'S FIRE AT A FACILITY IN CONYERS, GEORGIA. 17,000 RESIDENTS WERE EVACUATED, 90,000 HAD TO SHELTER IN PLACE, DESPITE HAVING EASY ACCESS TO INTERSTATE HIGHWAY. A SERIOUS IMPACT ON THE COMMUNITY HEALTH IS STILL BEING EVALUATED. IF THERE IS A FIRE, JUST A FIRE, NOT AN EXPLOSION HERE AT RYAM'S FACILITY INVOLVING ETHANOL AND CHEMICALS WHICH ARE HAZARDOUS WOULD PRODUCE LARGER QUANTITIES OF SIMILAR TOXIC CHEMICALS THAT WILL RESULT -- THAT WILL BE RESULTED FROM AND SIMILAR TO -- I'M SORRY, SIMILAR TO CONYERS, GEORGIA. AT LEAST TWO LAWSUITS AGAINST BIO LAB ARE PENDING IN
[01:05:09]
FEDERAL COURT. ONE WAS FILED BY ROCKDALE COUNTY AND ASKED THE COURT TO PAY DAMAGES AND CIVIL PENALTIES AND THIS IS VERY IMPORTANT, TO CLOSE THE CONYERS PLANT. THE OTHER IS A CLASS-ACTION LAWSUIT THAT INCLUDES LOCAL RESIDENCES AND BUSINESSES. SO, WHEN RYAM IS TALKING ABOUT MANUFACTURING ETHANOL, WHAT THEY ARE IN EFFECT DOING IS TAKING A GAMBLE, A RISK THAT THEY MIGHT LOSE BEING ABLE TO HAVE THIS PLANT HERE AT ALL IF THEY LOSE A LAWSUIT, WHICH I'M FAIRLY CONFIDENT THEY WOULD. YOU HAVE THE RESPONSIBILITY OF UPHOLDING THE EXISTING CHEMICAL MANUFACTURING PROHIBITION IN OUR COMPREHENSIVE PLAN AND TO PROTECT THE SAFETY AND HEALTH OF OUR COMMUNITY.RYAM WAS PROPOSED BIOETHANOL PLANT MUST NEVER BE BUILT. THEIR LEGAL AND MONETARY CLAIMS ARE NOT PAY, DO NOT ACCEPT BEING COLLATERAL DAMAGE UNDER ANY
CIRCUMSTANCE. >> THANK YOU. NEXT WE HAVE MR.
ALAN HOPKINS. >> ALAN HOPKINS, 2272 PIRATES BAY, FERNANDINA BEACH. AND THANK YOU ALL FOR SERVING. THIS ISN'T EASY. ISN'T EASY. I'M JUST HAPPY TO LIVE IN A COMMUNITY THAT IS SO PASSIONATE ABOUT THE PLACE THEY LIVE, OBVIOUSLY BY THE PEOPLE IN THIS ROOM. UM, I AM NOT A SCIENTIST, I DON'T THINK ANY OF YOU REALLY ARE. I DON'T KNOW WHAT THE REAL IMPACT OF THIS BIOETHICAL -- BIOETHANOL PLANT WOULD BE. I DO KNOW I DON'T WANT IT HERE. BUT I DO KNOW IT'S ALSO NOT IN MY CONTROL. I DO KNOW THIS, THOUGH, WHEN I AM IN A HOLE AND I WANT TO GET OUT FIRST THING YOU'VE GOT TO DO IS STOP DIGGING. I UNDERSTAND THERE IS A LAWSUIT. BEEN FILED AGAINST THE CITY BY SOMEBODY WHO HAS BEEN HERE FOR 85 YEARS, HAS EMPLOYED A LOT OF PEOPLE AND MADE A LOT OF CONTRIBUTIONS TO THE CITY. HOW DID IT GET HERE? HOW DID WE GET HERE? FORGET ABOUT THAT NOW? WE ARE HERE. WHAT DO WE DO NEXT? HOW DO WE MAKE SURE WHEN THIS IS ALL SAID AND DONE THAT WE STILL HAVE A COMMUNITY THAT WE CAN ALL RESPECT AND LIVE IN. THAT IS WHY YOU ARE UP THERE. YOU NEED TO FIGURE IT OUT. MAKING AN ENEMY , AS SOMEBODY WHO HAS BEEN HERE FOR 85 YEARS AND WILL BE HERE HOPEFULLY LONG AFTER I AM GONE AND ALL OF YOU ARE GONE, I THINK IT IS A MISTAKE. YOU NEED TO FIGURE OUT A WAY TO MAKE THIS WORK CONTINUING TO DIG, THIS MAKES IT HARDER. SOME PEOPLE HAVE COME UP HERE AND TALKED ABOUT NEVER, NEVER, NEVER, NEVER GOING TO HAPPEN. REALLY? YOU ARE CERTAIN OF THAT? YOU KNOW THE CITY IS GOING TO WIN. WE KNOW WE ARE NOT GOING TO HAVE TO PAY, YOU KNOW THIS. BOY, YOU ARE A LOT BRIGHTER THAN ME. I DON'T KNOW ANY OF THAT. WE ARE INTERESTING -- INTERESTING YOU TO FIGURE THIS OUT, SO WE STILL HAVE A COMMUNITY AND A PARTNERSHIP GOING FORWARD THANK
YOU. >> THANK YOU, MR. HOPKINS. NEXT,
WE HAVE RUTH ELLEN. >> GOOD EVENING, THANK YOU FOR GIVING ME YOUR ATTENTION, MY NAME IS RUTH ELLEN, I LIVE AT 2265 AND FOUND THIS PLACE BY ACCIDENT, WHAT A PLACE TO FIND BY ACCIDENT.
EITHER, THAT IS MY PLAN RIGHT NOW, BUT AS FAR AS THIS GOES, I WILL JUST ALSO QUICKLY MENTIONED THAT I DO HAVE A BACKGROUND IN ECONOMICS AND PUBLIC POLICY, AND THESE THINGS MATTER TO ME, AND THEY ARE NOT EASY QUESTIONS TO ANSWER ALL THE TIME. WE ARE ALWAYS BOUNCING PROS AND CONS ON BOTH SIDES. SO, FIRST, I WOULD
[01:10:01]
LIKE TO START OUT BY SAYING I DON'T THINK ANYONE HERE AS A COMMUNITY, HISTORICALLY OR NEWCOMERS, IS TRYING TO DENY THE IMPORTANCE OF WHAT THE MILLS HAVE DONE FOR THIS COMMUNITY AND WHY THEY'RE HERE, AND THEY HAVE BEEN HERE FOR A LONG TIME, BUT THEY WEREN'T ALWAYS HERE EITHER. A LOT OF THIS STARTED, WHAT WAS GOING TO BE THE ECONOMIC DRIVING ENGINE FOR FERNANDINA INAUDIBLE ] SO TO SPEAK. WHEN WE MOVED BACK HERE IN THE 'IT IS IN THE PLANTATION WAS STARTING, THAT WAS ALL COMING BACK, SO NOW WE HAVE TO SEE THIS BALANCE HAPPENING, BECAUSE AFTER WORLD WAR II, IF I AM NOT MISTAKEN, THE BILLS WERE THE FINANCIAL ECONOMIC ENGINE OF THIS CITY, SO WHAT I AM SAYING NOW IS DON'T ANYBODY TURN AROUND AND SAY WE DON'T APPRECIATE WHAT THE MILLS DO AND WHAT THEY DO FOR THE ECONOMIC ENGINE OF THIS COMMUNITY, EVER. CIRCUMSTANCES CHANGE AND NEW PRIORITIES ARE REQUIRED. RYAM'S ATTEMPT TO CREATE ANOTHER SOURCE OF REVENUE, IT SEEMS TO ME, IS NOT IN AND OF ITSELF A BAD THING.INAUDIBLE ] I AM NOT THE ENGINEER AND SO FORTH.
NEVERTHELESS, ETHANOL PRODUCTION PLANT AT THE PROPOSED LOCATION IS SIMPLY A BRIDGE TOO FAR. SUCH AN ACTIVITY HAS ALREADY BEEN DENIED BY OUR COMPREHENSIVE PLAN. EXCUSE ME. AND THE COMMUNITY IS SMALL AND HAS EVOLVED OVER TIME , MORE OR LESS ORGANICALLY. THIS IS WHAT HAPPENS IN CAPITALISTIC SOCIETIES, PEOPLE HAVE AN IDEA, THEY TRY IT OUT, THEN THEY SEE WHAT CAN GO WRONG, WHAT HAS TO BE MITIGATED, SO ON AND SO FORTH. DURING THE PERIOD BEFORE TOURISM RE-EMERGED, THE FOCUS ON PRODUCTION VERY IMPORTANT AND RECOGNIZED, AND AGAIN, I DON'T THINK ANYONE IS DENYING THE IMPORTANCE OF SAYING THEY SHOULD BE OUT OF HERE ALTOGETHER. BUT THIS IS A SMALL BARRIER ISLAND AND THE PLANTS ARE SIMPLY TOO CLOSE TO RESIDENTIAL AND TOURIST ACTIVITIES, IN AN ENVIRONMENTALLY SENSITIVE LOCATION. TO BE CONSIDERED APPROPRIATE, DESPITE THE HARRIS ACT, THE RESIDENTS OF THE CITY ARE NOT RESPONSIBLE FOR GUARANTEEING A PROFIT TO ANY PRIVATE ENTERPRISE. THERE IS ALWAYS A BALANCE BETWEEN THE PUBLIC GOOD AND -- OKAY .
INAUDIBLE ] ALL I WOULD SAY IS PLANT ENGAGED IN INDUSTRIAL ACTIVITIES IS LIKE CINDERELLA'S SISTERS TRYING TO SQUEEZE THEIR BIGFOOT INTO A LITTLE SLEEPER THAT WE CALL AMELIA ISLAND, FERNANDINA BEACH. THANK YOU VERY
LAWRENCE. >> I MIGHT NEED SOME HELP WITH THIS DRIVE. I AM NOT SURE IF THE SOUND WILL PLAY, SOMEBODY WILL CHECK IT. LAWRENCE, 1511 COASTAL CIRCLE. THIS IS TOWARDS THE END OF WHAT I WANTED TO SAY. I WANT TO EXPRESS MY CONCERNS OVER RYAM CHANGING OR TRYING TO VIOLATE THE COMP PLAN AND LDC CODES. I KNOW EVERYONE IN HERE PROBABLY DOESN'T WANT TO SEE MORE TRUCKS OR BRIDGE.
>> CAN YOU PLEASE READ -- LEAN INTO THE MICROPHONE MORE?
>> SURE. THERE WILL BE A POTENTIAL FOR MAJOR CONGESTION AND HAZARD ON THE ROAD, ON EAST STREET AND GOING OVER THE BRIDGE. RYAM WILL HAVE NO RESPONSIBILITY ONCE THOSE TRUCKS GO OUT OF THEIR SITE. WE SEE ACCIDENTS LIKE WHAT HAPPENED LAST WEEK WITH THE TANKER. THERE WAS A TRUCK -- LOG TRUCK ACCIDENT LAST WEEK. I SAW FOUR LOG TRUCKS MAKING A TURN , SO YOU'RE GOING TO HAVE MORE TRUCKS IN THE MIX, THEY INAUDIBLE ], AND THERE IS NO ACCOUNTABILITY FOR THEM, AND RIGHT NOW, THE CURRENT FIRE DEPARTMENT, DOESN'T HAVE THE VEHICLE TO PUT OUT A FIRE WITH THE FULL REQUIRED IF AN ACCIDENT HAPPENS SUCH AS THAT, SO SOMETHING HAS TO BE DONE ONE WAY OR THE OTHER. I AM HOPING THAT I AM NOT FORETELLING THE FUTURE BY SHOWING THIS, AND SOME OF IT MAY BE A LITTLE GRAPHIC, BUT I HOPE I CAN OPEN IT AND SEE. OH, THAT IS A WORD DOC. OKAY, THESE -- THIS ONE IS LIKE 58 SECONDS, AND IT SHOWS --
[01:15:17]
ONE MORE MINUTE REMAINING. >> NOT ONLY THAT, MR. MAYOR, I WOULD CAUTION YOU, SINCE THIS WAS NOT PROVIDED AHEAD OF TIME, PURSUANT TO OUR POLICY, THAT IF IT IS TOO GRAPHIC AND INAPPROPRIATE AND WE HAVE NOT HAD TIME TO REVIEW IT, WE SHOULD SHUT IT DOWN. WE CAN LET HIM TRY, BUT IF IT IS SOMETHING
INAPPROPRIATE -- >> IT IS NOT THAT GRAPHIC, IT JUST SHOWS A TANKER TRUCK ON THE SIDE OF THE ROAD THAT WENT AND TURNED AND WENT OVER THE SIDE AND SPILLED, THEN ANOTHER ONE HAPPENED, THERE ARE FIVE OR EIGHT OF THESE WHERE THE TANKER TRUCK ACTUALLY -- THE DRIVER WENT UP IN FLAMES AND IT JUST SHOWED A LOT OF CLAIMS AND A LOT OF DAMAGE TO THE ROAD. SO, IT'S GOING TO HAPPEN SOONER OR LATER. THAT WAS MY WHOLE POINT HERE. I WAS HOPING IT WOULD OPEN. IT WASN'T THAT NOISY, BUT IT SURE SHOWED THE POINT THAT IF EVER A TRUCK WILL COLLIDE
INAUDIBLE ]. >> THANK YOU, THERE IS A POINT OF ORDER THAT ANYTHING THAT IS TO BE SHARED SHOULD HAVE BEEN SUBMITTED IN THE AGENDA IN ADVANCE FOR STOP AS WELL. NEXT
UP, WE HAVE MR. MARTIN. >> GOOD EVENING, COMMISSIONERS , AND THANKS FOR LETTING ME SPEAK REAL QUICKLY. I AM CURRENTLY THE CHAIRMAN OF NASSAU COUNTY TO MAKE A SHORT, VERY BRIEF COMMENT , CERTAINTY AND CLARITY IS WHAT WE NEED IN THIS. WE DON'T NEED TO DRAG IT OUT, AND WE FEEL LIKE A SETTLEMENT NOW IS THE WAY TO GO IF WE CONTINUE DOWN THIS PATH, THERE IS NO SETTLEMENT. THERE IS NO CLARITY, THERE IS NO CERTAINTY, AND NEW BUSINESSES ARE NOT COMING TO NASSAU COUNTY BECAUSE OF THIS. WE WOULD ENCOURAGE YOU TO ENTER INTO A SETTLEMENT, GET THIS THING BEHIND US. JOBS AND BUSINESSES IN THE FUTURE COUNT ON IT. YOU TALKED ABOUT JOBS AND BUSINESSES IN THE RELATED TAXES. HOW MANY HOMES AND SMALL BUSINESSES DO WE NEED TO MAKE UP THAT TAX REVENUE THAT WE WOULD GET FROM THIS ONE INVESTMENT? A LOT. AND THIS IS ONE OF OUR COMPANY IS THAT MADE FERNANDINA BEACH. THEY ARE ONE OF OUR FOUNDING ENTITIES WITHIN THIS COMMUNITY. AND THEY ARE GOING TO BE HERE TO SUPPORT US GOING FORWARD, SO WE WOULD ENCOURAGE YOU TO ENTER INTO SETTLEMENT NEGOTIATIONS AND GET THIS BEHIND
US. THANK YOU VERY MUCH. >> THANK YOU. NEXT WE HAVE MS.
JULIE FERREIRA. >> JULIE FERREIRA, 501 INAUDIBLE ] STREET. TONIGHT, I AM STANDING HERE REPRESENTING NASSAU COUNTY INAUDIBLE ] SINCE THE BEGINNING. ANYTHING OTHER THAN CHOOSING NUMBER 11 ON THE HARRIS LIST, WHICH BASICALLY SAYS THAT YOU WILL STICK TO YOUR GUNS, AND THAT THE CITY'S ORIGINAL ASSESSMENT WAS NOT WRONG, ANY OTHER AGREEMENT OTHER THAN NO IS NOT IN THE INTEREST OF PEOPLE. THIS IS A BARRIER ISLAND, IT IS SECOND-GENERATION ETHANOL DOES NOT BELONG HERE. NUMBER 1, THIS PROPOSAL -- PROPOSED PLANT IS WAY TOO CLOSE TO NEIGHBORHOODS.
YOU DON'T HAVE THE INFORMATION YOU NEED TO MAKE A DECISION OF THIS MAGNITUDE. RYAM'S HAZARD ANALYSIS IS NOT ADEQUATE AND THIS IS A COMMUNITY RISK. YOU SHOULD NEVER MOVE FORWARD WITHOUT INDEPENDENT ANALYSIS. ETHANOL IS FLAMMABLE. THE PRODUCTION OF ETHANOL IN AN ABUNDANCE OF THIS SCALE, IF THERE EVER WAS A FIRE THAT SPREADS TO THE OTHER CHEMICALS THAT ARE STORED ON RYAM'S PROPERTY , OUR COMMUNITY WILL BE SEEN ON THE NATIONAL NEWS. RYAM IS NOT OVERLY BURDENED. THE CITIZENS OF FERNANDINA BEACH ARE INORDINATELY BURDENED. ETHANOL PLANT IS LESS THAN A QUARTER MILE FOR PEOPLE'S HOUSES. THE COMP PLAN IS DESIGNED TO PROTECT RESIDENTS, TO PROTECT THE HEALTH AND SAFETY OF RESIDENTS. THE PROPOSED PLANT POSES ADVERSE ENVIRONMENTAL EFFECTS AND NUISANCES TO THE PUBLIC.
[01:20:02]
NUISANCES LIKE THE STORAGE OF COMBUSTIBLE AND FLAMMABLE MATERIALS IN LARGE QUANTITIES. NUISANCES LIKE AN INCREASE OF DANGEROUS MATERIALS TRAVELING ON ALREADY CROWDED PUBLIC ROADWAYS.INCREASED EXCESSIVE NOISE LEVELS IN ADJACENT NEIGHBORHOODS IS A BIG THING, WE KNOW NOTHING ABOUT THAT. THE THREAT OF ETHANOL FUMES EMANATING INTO NEIGHBORHOODS, POSSIBLE POLLUTION OF PUBLIC WATERWAYS, MORE NIGHTLY POLLUTION IN OUR SKIES, AN INCREASE OF INDUSTRY OF HAZARDOUS CHEMICALS, THE ABOVE ARE ALL PUBLIC NUISANCES RESIDENTS DESERVE TO BE PROTECTED AGAINST. THE COMP PLAN IS PUBLIC INTEREST ORIENTED.
ZONING LAWS PROTECT HEALTH AND SAFETY, SO DON'T GIVE IN TO THE CORPORATE TOPPER SAY. THIS IS A RISK THAT FERNANDINA DOES NOT WANT, DOES NOT NEED.
ETHANOL PLANT IS DESIGNED AFTER THE FRENCH PLANT, AND IT IS NOT SUITABLE FOR ITS CURRENTLY PROPOSED LOCATION. WE NEED YOU TO REPRESENT US, WE NEED YOU TO STAND UP. FIVE ABOVE GROUND TANKS HOLDING 10,000 GALLONS OF PROCESSED ETHANOL STORED ON A MILL PROPERTY IS BAD. 25,000 GALLONS OF ETHANOL BEING TRANSPORTED OVER THE BRIDGE EVERY DAY IS BAD. NOT HAVING ENOUGH EFFECTIVE FIREFIGHTING PHONE CAPABILITIES TO PUT OUT A TANKER FIRE OR AN ETHANOL SPELL IS BAD. THE USE OF GMO YEAST IS BAD. ANTIBIOTICS USED TO CONTROL FERMENTATION GETTING INTO OUR WATERWAYS IS BAD. I REQUEST THAT YOU CHOOSE NUMBER 11. THANK YOU.
>> THANK YOU, MS. FERREIRA. NEXT, WE HAVE MR. RICHARD DEAN.
>> GOOD EVENING, RICHARD DEAN, 4104 BEACH. I URGE THE COMMISSION TO ADOPT NUMBER 11 AND NOT TO SETTLE THE SUIT. PUBLIC SAFETY IS JOB 1 OF GOVERNMENT. THE LAND DEVELOPMENT CODE PROHIBITS CHEMICAL MANUFACTURING AS A MATTER OF PUBLIC SAFETY. CREATING AN ETHANOL PLANT WITH DISTILLERY EXPOSED SURROUNDING NEIGHBORHOODS TO CHEMICAL INAUDIBLE ] THAT OCCUR AT OTHER ETHANOL PLANTS. DESPITE THE BEST SECURITY PRECAUTIONS, ACCIDENTS WILL HAPPEN. REMEMBER THE TITANIC? REMEMBER THE SPACE SHUTTLE ALL THOSE SAFETY THINGS WORKED OUT, RIGHT? A CHEMICAL PLANT ON THIS FRAGILE BARRIER ISLAND WITH LIMITED EVACUATION IS UNACCEPTABLE. UM, THE PLANT IS NEXT TO THE AMELIA RIVER.
STORAGE TANK EXPLOSION WOULD CAUSE SERIOUS HARM TO OUR MARINE LIFE AND OUR WATER SYSTEM , THAT WILL HAVE CONSEQUENCES FOR DECADES. RYAM IS ENGAGED IN LEGAL TERRORISM. CAVING INTO THIS LAWSUIT WILL INVITE OTHER LAWSUITS. YOU CAN KISS YOUR LAND DEVELOPMENT CODE AND YOUR COMPREHENSIVE PLAN GOODBYE, BECAUSE OTHER PEOPLE WILL SEE THAT YOU HAVE CAVED AND YOU WILL GET SUED TIME AND TIME AGAIN, AND WE WILL BE A LESSER COMMUNITY BECAUSE OF IT. I UNDERSTAND THERE ARE GREAT RISKS TO PUT A BIG PRICE TAG IN FRONT OF YOU, TO TRY TO BUFFALO YOU. I KNOW THAT AT ONE TIME, THEY WERE A PARTNER IN THIS COMMUNITY.
THEY HAVE BEEN BULLIED EVER SINCE THIS PLANT PROPOSAL HAS BEEN PUT FORWARD. IT'S TIME TO STAND UP. DON'T SETTLE THIS LAWSUIT. FIGHT UNTIL THE END. SOME CASES ARE WORTH FIGHTING FOR, THIS IS ONE OF THEM. OTHERWISE, GOODBYE TO YOUR LAND DEVELOPMENT CODE AND WELCOME TO A WHOLE BUNCH OF OTHER LAWSUITS.
>> THANK YOU, MR. DEAN. NEXT, WE HAVE MS. KATHY.
>> KATHY SCHOFIELD, 2603 COURTSIDE DRIVE, FERNANDINA. THE CITY OF FERNANDINA BEACH HAS PLAN TO PROHIBIT CHEMICAL MANUFACTURER. THE POLICY RYAM HAS KNOWN ABOUT FOR OVER A DECADE. RYAM IS 6.6 MILLION INAUDIBLE ], IT IS A DROP IN THE BUCKET COMPARED TO POTENTIAL COMMUNITY LOSS. Z.I.P. CODE 32034 IS ALREADY OVERBURDENED
[01:25:05]
WITH 25+ TOXINS AS IDENTIFIED IN A 2023 EPA REPORT. ADDING BIOETHANOL WILL COMPOUND OUR TOXINS , STIGMATIZE OUR ISLAND, AND CAN LEAD TO WHAT APPRAISERS TERM EXTERNAL OBSOLESCENCE, THAT MEANS A MAJOR LAWSUIT IN PROPERTY VALUE. FOR EXAMPLE, ASSUME 5000 HOMES, EACH WORTH ABOUT $500,000 AND A CONSERVATIVE LOSS OF 25%, VERY CONSERVATIVE, THAT IT WAS A $500 MILLION LOSS IN PROPERTY VALUE. THIS FAR OUTWEIGHS RYAM'S CLAIM.FERNANDINA HAS THRIVED, DESPITE INDUSTRY OWNERS, BECAUSE OF ITS COASTAL BEAUTY AND HISTORIC CHARM. A BIOETHANOL PLANT TIPS THE SCALE AND THREATENS ALL THAT WE VALUE. BRING YOUR SIMILAR PLANE TO PORT ANGELES, WASHINGTON, OPERATED FROM 1930 TO 1997, IT CLOSED AFTER 14 COALITIONS UNITED AND TOOK A STAND. THIS BECAME A SUPERFUND SITE AFTER CONTAMINANTS LIKE PETROLEUM, FOUND. THERE WERE MORE CARCINOGENS IN 2011 TO 2013 .
PEOPLE WERE SICK, I AM SURE SOME DIED.
RESPONSIBLE FOR THE SUPERFUND SITE ESTIMATED UP TO $30 MILLION.
INDEPENDENT ENTITY. RYAM IS NOT RESPONSIBLE FOR FERNANDINA'S SITE. WHEN IS IT TIME FOR US TO START A SUPERFUND? BECAUSE BOTH SITES, PORT ANGELES AND FERNANDINA HAVE SIMILAR PRODUCTION AND PROCESS, IT IS PRESUMED THAT THE FERNANDINA SITE HAS SIMILAR CONTAMINANTS TO PORT ANGELES, PROBABLY MORE AFTER 28 EXTRA YEARS. CONTAMINATION SUCH AS CHEMICAL LEAKS OR SELF CONTAMINATION FROM INDUSTRIAL WASTE CAN SIGNIFICANTLY DIMINISH RYAM'S PROPERTY VALUES AND EVEN MAKE IT WORTHLESS, AND THAT IS SELF-IMPOSED. SO, CONSIDERING ALL THIS, I ASKED THE CITY OF FERNANDINA BEACH TO DEMAND AN ENVIRONMENTAL STUDY OF RYAM'S SITE. AND ADJACENT AREAS. I UNDERSTAND THE CITY CAN LEGALLY DEMAND THAT WHEN IT HAS JUSTIFIED REASON. PEOPLE MUST COME FIRST. A BIOETHANOL PLANT IS A NO WIN IN EVERY SINGLE SCENARIO. DO NOT SURRENDER.
INAUDIBLE ] >> NEXT, WE HAVE MR. ORLANDO OF
VELA. >> GOOD EVENING, COMMISSIONERS , MAYOR , VICE MAYOR, AND MY NEIGHBORS. ORLANDO AVILA, INAUDIBLE ], FERNANDINA BEACH.
MAY HAVE BECOME A LAWYER AT SOME TIME, WHO KNOWS. BUT IN MY PREVIOUS PROFESSION, I WAS IN THE MARITIME INDUSTRY, I HAVE HAD THE OPPORTUNITY TO BEFRIEND AND MEET SEVERAL OF SOME OF OUR AREA'S BEING ABLE TO PICK COMES UP. SO, WHEN I SAW THIS BERT HARRIS CLAIM, AND STARTED PICKING SOME BRAINS, AND I SAW IT WAS ON THE AGENDA AND I FIGURED I WOULD COME BY TONIGHT AND GIVE MY TWO CENTS. I GUESS MY BIGGEST THING IS, YOU KNOW, YOU'VE GOT SOME EXTRA TIME, YOU HAVE GOT A VERY -- VERY GOOD ATTORNEY AS YOUR CITY ATTORNEY, THE ONLY JD UP THERE, AND LET HER DO HER JOB. LET HER GO TO THE TABLE, SIT DOWN, AT THE DISCUSSIONS, LET THE LAWYERS DO WHAT LAWYERS DO. LET THE COMMUNITY MEMBERS AT RYAM , LET THEM COME TO THE TABLE, AT THE DISCUSSIONS, FIGURE OUT AN AMICABLE AGREEMENT FOR THIS. WE HAVE OTHER LEGAL MATTERS PENDING. I'M NOT TALKING ABOUT THOSE, WE WEREN'T TALKING ABOUT THOSE AT ALL. I DON'T EVEN WANT TO TALK ABOUT WHETHER THIS IS A GOOD IDEA OR BAD IDEA AS FAR AS THE PLANT IS CONCERNED, I JUST KNOW THAT OUR TRACK RECORD AS A CITY IS LIKE ZERO AND THE LOT, MEANING ALMOST WON, AS IT CAN BE BETWEEN THE PARTIES, CITY AND RYAM, OBVIOUSLY, AND LET TERESA DO HER JOB. SIT AT THE TABLE AND LISTEN
[01:30:05]
TO HER CASE AND OFFER SOME COMPROMISES ON BOTH SIDES.REMEMBER, YOU DRAW IN MORE FLIES WITH HONEY THAN
>> LIKE TO SAY THAT I WOULD AGREE WITH MY FRIEND , ON A COUPLE OF THINGS THAT -- AND I'VE SET THIS UP HERE BEFORE, RYAM IS AN IMPORTANT PART OF OUR COMMUNITY, THEY ARE OUR FRIENDS AND NEIGHBORS, THE OFFER CONTRIBUTIONS, THEY HAVE BEEN HERE FOR A LONG TIME, THERE ARE GOOD STEWARDS IN OUR COMMUNITY IN MANY WAYS. I HAVE TO DISAGREE, UM, WITH MY FRIENDS ON THE FACT THAT THIS IS THE TIME WORKPLACE FOR THE BIOETHANOL IN OUR CITY. I DON'T FOR ONE MINUTE THINK THAT ANYBODY THAT WORKS AT RYAM IS DOING ANYTHING THAT IS INTENTIONALLY UNSAFE, THAT THEY ARE WORKING TO DO ANYTHING BUT BE GOOD CITIZENS IN OUR COMMUNITY, BUT ACCIDENTS HAPPEN AND AS OUR COMMUNITY HAS CHANGED, SO HAS THE NEED FOR SUCH ACTIVITIES. I THINK THAT I SPEAK FOR A LOT OF PEOPLE THAT WOULD SAY THAT WE SUPPORT THE ACTIVITIES THAT THEY ARE DOING CURRENTLY, BUT NOT TO EXPAND -- THAT EXPANSION IS WHAT IS CAUSE OF GREAT CONCERN FOR NOT ONLY THE INVESTMENTS OF OUR MOODS, BUT THE SAFETY OF OUR COMMUNITY. I CAN'T REMEMBER WHO PUT UP THE CONYERS, GEORGIA PLANT, MY DAD LIVES SEVEN MILES FROM THERE, AND FOR DAYS AND DAYS, BECAUSE THAT FIRE REIGNITED FIVE TIMES, THEY WERE NOT ALLOWED TO GO OUTSIDE WITHOUT MASKS ON, BECAUSE THE AIR QUALITY WAS SO POOR. SO, THAT IS A VERY REAL SITUATION I THINK WE ALL NEED TO BE CONCERNED ABOUT. I WOULD ALSO LIKE TO SAY, SINCE ALL OF THIS REALLY STARTED, THE FIRST TIME THAT RYAM CAME TO THE CHAMBERS YEAR, FROM THAT MOMENT ON, IT -- IT WAS A MASSIVE, EXPENSIVE CAMPAIGN TO TRY TO PAINT THEIR COMPANY IN SUCH A WAY TO MAKE US FORGET ABOUT ALL OF THIS. I THINK THIS CLAIM IS PERFORMATIVE. I DON'T THINK THEY WANT $6 MILLION FROM THIS CITY, I THINK THEY WANT THEIR $15 MILLION PLANTS. THAT IS WHAT THEY WANT. I DON'T SEE ANY NEGOTIATING THAT. THEY ARE NOT GOING TO TAKE $6 MILLION FROM US OR WHATEVER SOME MIDDLE GROUND IS AND STOP. I THINK WE WOULD ALL BE SILLY TO THINK THAT, AND I DON'T THINK THAT THEY WOULD SIT HERE IN FRONT OF US AND SAY THAT AS WELL. SO, THANK YOU, PLEASE DO NOT -- NUMBER 11 IS YOUR CHOICE.
>> THANK YOU. NEXT UP, WE HAVE MR. FLEMING.
>> GOOD EVENING. THANKS FOR HAVING ME.
COLLEAGUE IN PUBLIC OFFICE, HARD JOB, MY WIFE DOES IT, SO A LOT OF RESPECT TO YOU GUYS. 1100 JOBS WERE LOST DON'T KNOW IF YOU GUYS SAW THAT.
>> I AM SORRY, NAME AND ADDRESS FOR THE RECORD? X I AM SORRY, INAUDIBLE ]. THAT IS A LOT OF JOBS.
CLIENTS THAT WORK AT THESE MILLS. I HAVE FAMILY MEMBERS THAT WORK ON THESE MILLS. THEY DON'T HAVE TO BE HERE. THAT IS OPTIONAL. YOU WANT TO DIVERSIFY THE WORKFORCE, YOU WANT TO DIVERSIFY TAX BASE.
OF SETTLEMENT. I HAVE DONE RESEARCH, I HAVE LOOKED AT THIS FOR SIX MONTHS BEFORE I CAME UP HERE. I KNOW FAMILY MEMBERS WITH PEOPLE HERE LOCALLY. I DON'T THINK THIS HAS BEEN TAKEN LIGHTLY. I CAN'T FIND ANYTHING OUTSIDE OF OCCUPATIONAL SAFETY WITH THESE PLANTS RESIDENTIAL SIDE OR BYSTANDERS THAT HAVE BEEN HURT OR PASSED AWAY IN THE SPIRIT OPEN MINDS. IT HAS ALL BEEN OCCUPATIONAL SAFETY. I'M GOING OFF OF OSHA DATA.
MANY OF YOU GUYS RUN YOUR CAMPAIGNS ON ENVIRONMENTAL. THIS SUPPORT STAFF, THE FOUNDATION OF YOUR CAMPAIGN'S ENVIRONMENTAL.
BIOETHANOL CHECKS A LOT OF THOSE BOXES. I LIVE NEXT TO THE BUSIEST RAIL LINE IN NORTHEAST FLORIDA, AND I AM NOT COMPLETELY
[01:35:06]
SAFE NEXT TO THAT EITHER, SO FAR MORE DANGEROUS CHEMICALS THAN WHAT THAT PLANT IS GOING TO BE PROVIDED CLOSE TO EAST PALESTINE, DISASTER WAITING TO HAPPEN, I DON'T KNOW IF MY WIFE WOULD BE HERE, WE GOT A NUCLEAR FACILITY RIGHT OF THE COUNTY NORTH OF US.THE JOBS. APPRECIATE YOUR TIME.
>> THANK YOU, SIR. NEXT UP, WE HAVE MR. SEAN. OR MRS.
>> THAT'S OKAY. YOU HAVE TO EXCUSE ME BECAUSE I RUN OUT OF BREATH REALLY EASILY RIGHT NOW, AS YOU CAN PROBABLY IMAGINE. ALL RIGHT, I AM SEAN , MASTERS DEGREE IN BUSINESS FROM THE UNIVERSITY OF GEORGIA AND I HAVE SPENT MY CAREER STUDYING AND UNDERSTANDING THE IMPACTS OF MILLS ON OUR COMMUNITIES , AIR, WATER, AND HOW POLITICS SHAKE THAT DELICATE BALANCE. I UNDERSTAND WHY MANY IN THIS ROOM ARE CONCERNED, THESE DECISIONS AFFECT OUR HOMES, CHILDREN, AND COMMUNITY, I WANT TO SHARE WITH THE DATA AND REAL-WORLD EXPERIENCE TELL US. REJECTING THE SETTLEMENT AND DRAGGING THIS OUT ONLY INCREASES COSTS, DAMAGES OUR CREDIT WORTHINESS, AND PUSHES MORE FAMILIES AND BUSINESSES OUT OF THE CITY. THE RISK OF THIS INCENTIVIZING EVOLUTION OF THIS FACILITY IS MUCH GREATER THAN HAS BEEN EXPRESSED THUS FAR. THIS IS NOT ONLY A QUESTION OF PEOPLE WHO WORK AT THE MILL OR EVEN THE TRUCK DRIVERS WE SEE EVERY DAY, THE DIFFERENCE BETWEEN A THRIVING MANUFACTURING FACILITY AND ONE THAT IS FORCED TO CLOSE ITS DOORS POCKETS, AND EVEN LOSS OF FORESTS WHICH IMPACTS AIR AND WATER QUALITY, AS WELL AS HABITAT LOSS. THE IMPACT OF A MILL CLOSURE IS FELT HUNDREDS OF MILES AWAY. WE WOULD BE AT THE EPICENTER OF THIS BURDEN. WE JUST SAW THE LARGE MILL CLOSURES IN GEORGIA AND SEVERAL ACROSS FLORIDA. THE RISK TO MILLS RIGHT NOW IS BASED ON GLOBAL COMPETITION WITH NEW, EFFICIENT FACILITIES THAT HAVE MULTIPLE REVENUE STREAMS AND ENTHUSIASTIC COMMUNITY SUPPORT AND IT IS REAL. DOES HAVE AN APPROXIMATE RADIUS FROM WHICH THEY PURCHASE THEIR WOOD. EVERYWHERE THAT THIS RADIUS OVERLAPS WITH ANOTHER FACILITY IMPACTS THE COST OF WOOD. BASIC ECONOMICS EXPLAINS THAT AS DEMAND GOES DOWN AND SUPPLY GOES UP, THE COST OF THIS PRODUCT, IN THIS CASE TREES, GOES DOWN. THE SIGNIFICANT DROPS AND WHAT PRICES DURING A TIME WHEN TIMBER PRESSES HAVE ALREADY BEEN AT A DECADES LONG LOW LEAD TO LANDOWNERS HAVING TO CONVERT THEIR LAND TO ANOTHER USE.
OWNING TIMBERLAND IS EXPENSIVE. OWNERS NEED THAT FINAL HARVEST TO CREATE A PROFIT IN ORDER TO REPLANT THE NEXT GENERATION. THE PRESSURE TO DEVELOP IS ALREADY STRONG. WE SHOULD BE DOING EVERYTHING WE CAN TO SUPPORT MARKETS AND THUS THE STUDIES SUPPORT OF MILLS DOES THAT AND SUPPORTS OUR LOCAL COMMUNITY. I HAVE SEEN STRUGGLING AND CLOSED MILLS ACROSS THE COUNTRY. YOU HEAR ABOUT IT IN THE NEWS, BUT UNTIL YOU SEE THE LONG-TERM IMPACTS YEARS LATER, WHEN THE NEWS ISN'T COVERING IT ANYMORE, YOU CAN'T FULLY GRASP WHAT IT DOES TO A COMMUNITY. FERNANDINA BEACH CANNOT AFFORD ANOTHER COSTLY LOSS. A RESPONSIBLE CHOICE, THE FISCALLY SOUND CHOICE IS TO SETTLE THIS LAWSUIT. BY DOING SO, WE BELIEVE PRESSURE ON TAXPAYERS, PROTECTORATE CITY SERVICES, AND SECURE A MORE SUSTAINABLE FUTURE. I URGE YOU TO ACT IN THE BEST INTEREST OF OUR COMMUNITY AND VOTE TO SETTLE. THANK YOU FOR YOUR TIME AND YOUR SERVICES
TO THE COMMUNITY. >> THANK YOU. NEXT UP, WE HAVE
INAUDIBLE ]. >> ALL RIGHT, NEXT UP, WE HAVE
MISS SANDY. >> SANDY CAREY, 1255 ], FERNANDINA BEACH.
FILED AGAINST FERNANDINA BEACH OUR CLAIMS AGAINST EACH AND EVERY ONE IN OUR COMMUNITY AND THEY NEED TO BE RYAM ATTEMPTS TO DISREGARD THE HEALTH AND SAFETY AND HAZARDS ASSOCIATED WITH THEIR PROJECT. RYAM'S CLAIMS ARE BASED ON THE WRONG ASSERTION THAT THE PROPOSED BIOETHANOL PLANT DOESN'T INVOLVE CHEMICAL MANUFACTURING OR CHEMICAL REFINING. WELL, A RESIDENT WITH A PHD IN CHEMICAL ENGINEERING, , ONE WITH A MASTERS IN CHEMICAL ENGINEERING, AND ONE WITH A MASTERS DEGREE IN CHEMISTRY AS SUBMITTED SWORN AFFIDAVITS, WHICH I SUBMITTED TO THE CITY CLERK, CAROLYN BESSE, ASCERTAINING THAT RYAM IS A PROJECT DEFINITELY INVOLVES CHEMICAL MANUFACTURING , AND THESE AFFIDAVITS ARE NOW PART OF
[01:40:04]
THE RECORD OF THESE PROCEEDINGS. THE THREE GENTLEMEN HAVE WORKED FOR BASF, THE CHEMICAL COMPANY, THE LARGEST IN THE GLOBAL CHEMICAL INDUSTRY. THEIR COMBINED EXPERIENCE IS MORE THAN 100 YEARS. ALL OF THEM ARE WILLING TO TESTIFY RYAM INAUDIBLE ] IN SUPPORT OF THE CITY. ADDITIONALLY, THE AIR PERMITS SUBMITTED BY RYAM CLEARLY IDENTIFIES A PROJECT AS CHEMICAL MANUFACTURING BY FERMENTATION, WHICH IS SIMPLY A SUBCATEGORY OF CHEMICAL MANUFACTURING. THE AIR PERMIT APPLICATION WAS SIGNED BY A CHEMICAL ENGINEER WHO WORKS FOR THE CONSULTING COMPANY THAT PREPARED THE APPLICATION FOR RYAM, AND IT WAS ALSO SIGNED BY MARK PRIOR TO GENERAL MANAGER OF RYAM, AND NOW BIOETHANOL PROJECT DIRECTOR. HIS SIGNATURE IS PRECEDED BY THE STATEMENT, " I HEREBY CERTIFY BASED ON THE INFORMATION RYAM APPLICATION ARE TRUE, ACCURATE, AND COMPLETE." THIS IS RYAM'S OWN SWORN STATEMENT FROM THEIR PROJECT MANAGER. WE HAVE ALSO FILED WITH THE CITY CLERK, THE SWORN DEPOSITION OF MARK OBTAINED DURING THE ADMINISTRATIVE HEARING THAT CHALLENGED THE RYAM AIR PERMIT APPLICATION, IN THE DEPOSITION UNDER OATH, WHICH I ALSO SUBMITTED, YOU WILL READ THAT HE AFFIRMED THAT THE CLASSIFICATION OF THE PILOT PANEL PROJECT WAS CHEMICAL MANUFACTURING BY FERMENTATION. I AM ASKING THAT YOU WOULD RELY ON THE SWORN AFFIDAVITS OF OUR LOCAL PROFESSIONALS AND RYAM'S OWN CLASSIFICATION OF THEIR PROCESS AS CHEMICAL MANUFACTURING. I AM ASKING THAT YOU CONTINUE TO UPHOLD OUR CITY'S COMPREHENSIVE PLAN, WHICH PROHIBITS CHEMICAL MANUFACTURING. DO NOT ALLOW RYAM TO INTIMIDATE YOU, DO NOT SETTLE THE LEGAL CLAIMS OUTSIDE OF COURT. I'M CONFIDENT THAT THE CITY WILL PREVAIL AGAINST RYAM DURING A TRIAL. DO NOT SETTLE, DO NOT SURRENDER. THERE IS TOO MUCH AT STAKE. NUMBER 11 IS YOUR>> THAT'S NOT PART OF THE CITY, THIS IMPACTS OUR ENTIRE ISLAND, ALSO WEST OF THE RIVER. OKAY? ANY ISSUES WITH THIS PLAN WILL IMPACT ALL OF US. OKAY? UM, THOSE OF US WHO ARE PART OF CONSERVE NASSAU, THOSE OF US WHO BELONG TO OTHER GROUPS THAT ARE CONCERNED WITH THIS HAVE PRESENTED YOU WITH CERTAIN INFORMATION DURING THE LAST 24 HOURS. THE SWORN AFFIDAVITS OF EXPERTS IN BIOETHANOL. I WILL SAY THAT WE HAVE ALSO HEARD A LOT OF OPINIONS FROM EXPERTS IN BIOETHANOL PLANTS OVER THE LAST, WHAT, YEAR AND A HALF, TWO YEARS SINCE THIS HAS BEEN ON THE TABLE. MANY OF THOSE PEOPLE CANNOT AND WILL NOT TESTIFY OR WRITE AFFIDAVITS BECAUSE THEIR JOBS, THEIR LIVELIHOODS DEPEND ON IT. THEY HAVE ALL SAID THE SAME THING. THERE SHOULD NOT BE A BIOETHANOL PLANT BUILT ON A BARRIER ISLAND. CERTAINLY NOT IN AN URBAN AREA. YOU HAVE ALSO RECEIVED A COPY OF RAYM'S AIR PERMIT APPLICATION SIGNED BY A LICENSED ENGINEER CLASSIFYING THE PROJECT AS CHEMICAL MANUFACTURING. YOU HAVE ALSO RECEIVED A COPY OF THE DEPOSITION UNDER OATH THAT WAS REFERRED TO BY MARK HOMAN'S IN WHICH HE SAID HE UNDERSTOOD AND AGREED TO THE CLASSIFICATION OF THE PROJECT AS CHEMICAL MANUFACTURING. A COPY OF, YOU'VE ALSO, UM, RECEIVED INFORMATION REGARDING THE FLOOD LAND EVALUATION PROVIDED BY RYAM AND THE NEED TO PERFORM AN INDEPENDENT ENVIRONMENTAL ASSESSMENT, THAT IS REALLY CRITICAL. AND YOU HAVE RECEIVED AN EXPLANATION OF WHY RYAM PROPOSED RYAM'S PROPOSED
[01:45:07]
BIOETHANOL PLANT FALLS UNDER THE CATEGORY OF CHEMICAL ENGINEERING IN TERMS OF THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM.THAT'S VERY STRAIGHTFORWARD. AND YOU'VE SEEN REMINDERS OF THE POTENTIAL CATASTROPHIC CONSEQUENCES OF INCREASING CHEMICAL MANUFACTURING AT RYAM'S EXISTING MILL. THEREFORE, WE URGE YOU TO NUMBER ONE, UPHOLD THE EXISTING CHEMICAL MANUFACTURING PROHIBITION IN OUR COMPREHENSIVE PLAN.
>> THANK YOU, MISS KIRKLAND. >> NUMBER TWO.
>> THANK YOU, MISS KIRKLAND. >> DO NOT SETTLE THE BIRD-HARRIS CLAIM, BUT VOTE FOR NUMBER 11 AND NUMBER THREE.
>> YOU HAVE TO RESPECT THE THREE-MINUTE SPEAKER LIMIT.
>> THANK YOU FOR YOUR SERVICE. >> NEXT UP, WE HAVE MR. LEN KREIGE R. PLEASE NO SPEAKING FROM THE AUDIENCE, MISS KIRKLAND. WE WILL HAVE TO CALL AN ADJOURNMENT AND RECONVENE.
>>> ALL RIGHT, FOLKS. PLEASE QUIET DOWN. WE'RE GONNA RECONVENE. I'D LIKE TO REITERATE, PLEASE QUIET DOWN, FOLKS. SO TO QUORUM IN THE CHAMBERS INCLUDES RESPECTING THE SPEAKING TIME. I'VE HEARD CHATTER THROUGHOUT THE NIGHT, SO I ASK WE ALL KEEP THIS POSITIVE SO THAT WE CAN CONDUCT A HEALTHY MEETING. MR. KREIGER, YOU HAVE THE FLOOR.
>> 1313 HICKORY. THIS IS SUCH A SIMPLE CASE. YOU KNOW? THIS IS A ZONING CASE OF A PROJECT THAT IS PROHIBITED BY THE COMPREHENSIVE PLAN. IN THEIR ORIGINAL LEGAL OPINION SAID YOU CAN'T DO IT. I THINK THERE'S A LITTLE QUESTION THAT NUMBER 11 IS SAYING. IT
JUST NEEDS TO BE REJECTED. >> THANK YOU, MR. KREIGER. AND THE LAST SPEAKER CARD I HAVE IN FRONT OF ME IS CORINNE GARRET.
>> I LIVE AT 2129 SEA ISLAND COURT FERNANDINA BEACH. THE PROPOSAL BY RYAM TO BUILD THE CHEMICAL MANUFACTURING FUEL-GRADE ETHANOL PLANT ADJACENT TO RESIDENTIAL NEIGHBORHOODS IN DOWNTOWN FERNANDINA BEACH FOR TWO YEARS NOW. I WAS ONE OF THE MAJOR OBJECTIVES WHEN I FIRST MOVED HERE DURING COVID AGAINST THIS PLAN BECAUSE IT IS AGAINST THE ZONING. THE PROPOSED SITE FOR THEIR ETHANOL PLANT DOWNTOWN SPECIFICALLY VIOLATES ZONING CODES THAT STIPULATE NO CHEMICAL MANUFACTURING, NO CHEMICAL REFINING, AND NO POTENTIALLY NEGATIVE ENVIRONMENTAL AND/OR NUISANCE ASPECT. NEF ORGANIZES NO ETHANOL FERNANDINA EDUCATES RESIDENTS, RAISES CONCERNS. WE CALLED OUT AN ATTEMPT TO CIRCUMVENT THE DENIAL FOR THE BUILDING PERMIT THROUGH LEGAL VERBIAGE INSERTED IN A STATE BILL. PAID FOR LOBBYISTS AND RETAINED LEGAL COUNSEL. NO ETHANOL FERNANDINA REGISTERED TWO SEPARATE TAX EXEMPT ORGANIZATIONS WITH THE STATE WHICH REGULATE THE DISTRIBUTION OF INDIVIDUAL AND BUSINESS DONATIONS. HOW THEY ARE SPENT AND FOR WHAT SPECIFIC PURPOSE. NO ETHANOL FERNANDINA MEMBERS HAVE PAID THOUSANDS OF DOLLARS, I HAVE, OUT OF MY POCKET FOR THIS CONCERN WITH UNCOUNTED HOURS OF PERSONAL TIME FOR THE GOOD OF THIS COMMUNITY. WE STAND TO GAIN NOTHING, TO MAKE NO PROFIT WHATSOEVER IN THIS ENDEAVOR. I'M ENCOURAGING THE COMMISSIONERS TO SAVE OUR CITY FROM POTENTIAL UNKNOWN HEALTH, SAFETY, AND ENVIRONMENTAL HAZARDS. ALSO TO PROTECT OUR HOMES AND OUR PROPERTY VALUES. TOURIST INDUSTRY, WHICH IS 38% OF NASSAU COUNTY'S REVENUE. AND THE SMALL BUSINESSES. PLEASE SUPPORT THE CURRENT ZONING LAW. I'M ASKING FOR A REFUSAL TO ACQUIESCE TO RYAM'S THREATS. THE BIRD-HARRIS CLAIM THEY FILED AND
[01:50:04]
THEIR LAWSUIT IN FEDERAL AND STATE COURT. RYAM HAS SUFFERED NO MONETARY LOSS. THEY THEMSELVES HAVE NOT CREATED BY REFUSED TO ACCEPT A SIMPLE NO. IT'S AGAINST THE CITY'S ZONING ORDINANCES. THE COMPREHENSIVE AND LAND USE PLANS AND THE CITY'S ZONING PROHIBITIONS ARE DESIGNED TO PROTECT ALL OF US RESIDENTS. FERNANDINA BEACH ZONING ORDINANCES ARE NOT FOR SALE, NOR ARE THEY FOR COMPROMISE BY THREATS OF CORPORATE LAWSUITS SO RYAM MAY PROFIT IN PERPETUITY TO THE DETRIMENT OF OUR LOCAL QUALITY OF LIFE.>> THANK YOU. >> RYAM IS NOT ENTITLED TO FORCE FERNANDINA BEACH TO BREAK THEIR OWN LAWS FOR PROFIT. OPTION 11.
>> WE HAVE NO OTHER REQUESTS TO SPEAK FROM THE AUDIENCE, BUT I DO HAVE LIGHTS ON FROM COMMISSIONER TUTEN AND COMMISSIONER MINSHEW. DO YOU HAVE A QUESTION?
>> NO. YOU CAN GO FIRST. >> RIGHT OUT OF THE GATE, MAKE A
MOTION? >> IF THERE ARE QUESTIONS BEFORE SAID MOTION OR WE CAN HAVE DISCUSSION AFTER THE MOTION.
THAT'S ENTIRELY AT YOUR DISCRETION, COMMISSIONER.
>> YOU CAN MAKE A MOTION WITHIN YOUR DISCRETION.
>> I MAKE A MOTION WE VOTE FOR OPTION 11 AND MAKE NO CHANGES TO
THE ACTION OF THE CITY. >> I HAVE A MOTION. DO I HAVE A
SECOND? >> I'LL SECOND FOR DISCUSSION.
>> I HAVE A MOTION AND A SECOND. LET'S OPEN IT UP TO COMMISSIONER DISCUSSION STARTING WITH YOU, COMMISSIONER TUTEN, AND WE'LL GO OVER TO COMMISSIONER MINSHEW.
>> I THINK STAFF CORRECTLY INTERPRETED OUR LAND DEVELOPMENT CODE, THE FACILITY SITS IN THE HEAVY INDUSTRIAL, THE I-2 LAND ZONING, WHICH HAS A CLEAR DEFINITION OF MANUFACTURING, HEAVY MANUFACTURING. AND THE CODE SAYS SUCH USE DOES NOT INCLUDE CHEMICAL MANUFACTURING. AND OUR COMPREHENSIVE PLAN IN THE INDUSTRIAL ZONING SAYS CHEMICAL MANUFACTURING SHALL BE PROHIBITED. MY ONLY DISCUSSION POINT.
>> THANK YOU, COMMISSIONER. COMMISSIONER MINSHEW?
>> THANK YOU. YOU KNOW, IN GENERAL I AM, I CONTINUE TO BE OPPOSED TO THIS, TO THIS APPLICATION. I DO NOT BELIEVE THAT IT SERVES THE CITY IN ANY VALUABLE WAY. I THINK THE ISSUES ARE, FOR ME, ARE HEALTH AND SAFETY OF OUR COMMUNITY, AND SO WHILE I KNOW THAT THIS IS GOING TO BE A LONG, A FAIRLY LONG, DRAWN-OUT PROCESS, I DID IDENTIFY A LIST OF ISSUES THAT I THINK NEED TO BE REVIEWED AND DISCUSSED. I AGREE WITH WHAT MR. HART SAID EARLIER ABOUT A DETAILED RISK ANALYSIS. I THINK THAT'S A MINIMUM. IN ADDITION TO THAT, I'VE GOT ANOTHER LIST OF ITEMS THAT I THINK NEED TO BE WORKED THROUGH AND IDENTIFIED EVEN AS WE CONTINUE TO DENY THE CLAIM BECAUSE I THINK WE HAVE TO HAVE A BETTER BASIS FOR DENYING IT, OTHER THAN JUST IT'S AGAINST OUR CODE. I MEAN, I THINK THERE'S JUST A LOT OF OTHER ISSUES. SO THESE ARE SOME OF THE OTHER ISSUES THAT I IDENTIFIED. UNDER AIR QUALITY, PROVIDE ADDITIONAL AIR QUALITY MEASURES TO BRING AIR QUALITY TO HIGHER THAN CURRENTLY PROPOSED FROM THE ORIGINAL AIR QUALITY APPLICATION AND OUR COMMENTS.
PROVIDE ADDITIONAL AIR QUALITY MONITORS AND ANALYSIS ACROSS THE CITY AND THE COUNTY AS NEEDED, WHICH WOULD INCLUDE PAYING FOR THE MONITORING AND ANALYSIS SIMILAR TO THE CONSERVE AIR QUALITY PROPOSAL THEY HAVE BEEN TALKING TO US ABOUT. ETHANOL SHOULD NOT BE TRANSPORTED BY TANKER TRUCK BUT BY RAIL. REDUCE THE AMOUNT OF ETHANOL TO BE CREATED BY AT LEAST 25%. CREATE WITH THE CITY AND THE COUNTY A SET OF CLEAR EVACUATION PLANS BASED ON INCIDENT AND CREATE AN EASILY UNDERSTANDABLE COMMUNICATIONS PLAN FOR THE COMMUNITY. PAY TO CONDUCT YEARLY EVALUATION PLANNING WORKSHOPS, COMMUNITY TOWN HALL SESSIONS, AND ACTUAL EVACUATION EXERCISES. ALLOW CITY FIRE DEPARTMENT BETTER AND MORE COMPLETE ACCESS TO THE ENTIRE RYAM FACILITY FOR INSPECTIONS, INCLUDE CITY FIRE DEPARTMENTS IN ALL FIRES, CHEMICAL SPILLS, AND INCIDENTS FOR THE ENTIRE RYAM FACILITY.
PAY TO GROW THE CITY FIRE DEPARTMENT INTO A FULLY
[01:55:04]
OPERATIONAL HAZMAT CERTIFIED DEPARTMENT. HURRICANE AND OTHER WEATHER-RELATED EMERGENCY EVENTS. PROVIDE ALL ENGINEERING PLANS AND SAFETY PLANS TO THE CITY FOR OUTSIDE PROFESSIONAL CONSULTANT ANALYSIS AND RECOMMENDATIONS, WHICH I THINK GOES TO THE RISK ANALYSIS THAT MR. HART MENTIONED EARLIER. AND MAKE ANNUAL PAYMENTS WITH AN AMOUNT TO BE DETERMINED INTO A CITY-HELD EVACUATION AND EMERGENCY FUND TO BE USED IN THE CASE OF A MAJOR EVENT TO REIMBURSE CITY AND COUNTY EXPENSES AND TO PROVIDE FINANCIAL ASSISTANCE FOR IMPACTED INDIVIDUALS. THOSE ARE, I THINK, SOME OF THE THINGS THAT WE COULD CONSIDER AS WE CONTINUE TO WORK THROUGH THIS ISSUE, AND I JUST WANTED TO PUT THEM ON THE RECORD. BUT YOU KNOW, I DON'T THINK WE'RE -- I JUST THINK THAT WE'RE A LONG WAY AWAY FROM SETTLING THIS BIRD-HARRIS AS WELL AS THE OTHER LAWSUIT. I THINK ALL THIS WORK COULD CONTINUE TO BE DONE AND CONTINUE TO WORK THROUGH EVEN AS WE CONTINUE TO MAKE NO CHANGES, YOU KNOW, TO OUR POSITION AT THIS POINT IN TIME. THANK YOU.>> IF ANY OF YA'LL HAVE READ THE ACTUAL LAWSUIT, MY NAME'S IN IT, AND TWO THINGS. NUMBER ONE WAS ATTEMPTING TO TRY TO GET RYAM AND OUR CITIZENS INTO THE ROOM AND UNDERSTAND I CAN'T MAKE NO ETHANOL FERNANDINA COME IN HERE NO MORE THAN I CAN MAKE RYAM COME IN HERE AND US HAVE A CONVERSATION. THE POINT IS TO OPEN DISCUSSIONS BETWEEN. THE OTHER THING IS I STATED I WASN'T GOING TO ANSWER ANY E-MAILS OR ANYTHING ABOUT BIOETHANOL BECAUSE I KNEW THAT LITIGATION WAS GOING TO COME FROM THIS ONE WAY OR THE OTHER. SO YOU KNOW, WITH THAT IN MIND, THOUGH, I HAVEN'T ANSWERED ANY OF YOUR E-MAILS. AS MOST OF YOU KNOW, I'M A VERY RESPONSIVE PERSON, BUT I HAVE READ THEM ALL. I'VE READ ALL OF THEM. I UNDERSTAND YOUR CONCERNS OF SAFETY. I UNDERSTAND YOUR CONCERNS OF QUALITY OF LIFE. I MEAN, THOSE ARE ALL THINGS THAT I HEAR. BUT I'VE GOTTA AGREE WITH COMMISSIONER MINSHEW TO A CERTAIN POINT. WE HAVE TO OPEN DISCUSSIONS. THERE HAS TO BE SOME FORM OF GETTING US ALL IN THE ROOM AND TALKING. AND WHETHER IT'S A LIST, A COMPREHENSIVE LIST, WHICH IS A GREAT LIST, COMMISSIONER MINSHEW OF JUST DISCUSSION POINTS. RYAM MAY NOT WANT TO TALK ABOUT THAT.
THEY MAY NOT WANT TO. BUT IF WE COULD GET THOSE ANSWERS, THAT WOULD GO FURTHER IN THE CONVERSATION. SO I'M NOT WILLING TO JUST SHUT THE DOOR AND STICK MY HEAD IN THE SAND AND SAY THIS IS GOING TO GO AWAY AT SOME POINT. IT'S NOT GOING TO GO AWAY IF WE JUST CONTINUE TO IGNORE IT. I'M NOT TALKING ABOUT SETTLEMENTS AT ALL RIGHT NOW. WE'RE WAY EARLY IN THE PROCESS. I'M TALKING ABOUT OPENING THE DOOR AND HAVING DISCUSSIONS. THAT'S WHAT I WOULD LIKE TO SEE OUR ATTORNEYS DO. IF WE GIVE THEM LATITUDE AND DON'T SHUT THEM DOWN, WE'RE GOING TO GIVE THEM THE ABILITY TO HAVE THOSE CONVERSATIONS THAT WE HAVEN'T HAD THE ABILITY TO HAVE YET. THAT'S IT.
>> THANK YOU, VICE MAYOR. COMMISSIONER POYNTER?
>> WHAT I'VE HEARD TONIGHT AND I ACTUALLY AGREE A LOT WITH MR. HART, WHAT HE HAS TO SAY. AT THIS POINT, THE REASON WHY WE'RE HERE IS BECAUSE WE HAVE TO BE HERE TALKING ABOUT THINGS WE DON'T NECESSARILY WANT TO TALK ABOUT. AND TRYING TO COME UP WITH SOME TYPE OF UNDERSTANDING, WHICH I AM ABSOLUTELY NOT CAPABLE OF DOING. I AM NOT A SCIENTIST. I AM NOT A CHEMICAL ENGINEER. I WOULD HAVE TO RELY ON THE EXPERTS IN THE ROOM. I'D HAVE TO HIRE, RELY ON EXPERTS ALL OVER THE PLACE, AND YOU'RE GONNA HEAR THIS EXPERT SAY ONE THING, AND THIS EXPERT SAY THE OTHER. WE HAVEN'T GOTTEN ANY OF THAT INFORMATION YET, SO I MEAN AT THIS POINT I AM NOT WILLING TO ENTER INTO ANY TYPE OF SETTLEMENT OR NEGOTIATION WITH REGARDING THE BIOETHANOL PLANT.
MY FOREMOST RESPONSIBILITY IS TO SAFEGUARD, THE HEALTH AND SAFETY OF THIS COMMUNITY, AND TO THE RESIDENTS, AND TO PROTECT THE FRAGILE ENVIRONMENT THAT THIS ISLAND SITS ON. THERE IS NO BIOETHANOL PLANTS ON ANY BARRIER ISLANDS. IT ABSOLUTELY MAKES NO SENSE. I'VE SAID IT FROM THE TIME I HEARD THIS THING HAPPENING. IT JUST DOESN'T MAKE ANY SENSE. FOR SAFETY, FOR THE ENVIRONMENT, IT LITERALLY MAKES NO SENSE TO DO THIS. WE'RE BEING SUED IN BOTH THE FEDERAL AND THE STATE COURTS, AND ANY TYPE OF NEGOTIATION THAT I WOULD CONSIDER WOULD HAVE TO INCLUDE
[02:00:04]
THOSE TWO CASES IN TOTAL IN ORDER TO GET ANY TYPE OF SETTLEMENT. IT'S ALL OR NOTHING TYPE OF DEAL. THEY'RE JUST NOT GONNA DRAG THIS STUFF OUT FOREVER. IT'S, IF WE'RE GONNA HAVE THE SUBSTANTIVE CONVERSATION AND EVERYBODY IN THE ROOM, WE'RE BRINGING IT ALL TOGETHER, AND WE'RE GOING TO TRY TO WORK SOMETHING OUT. BUT RIGHT NOW, I HAVE NO INFORMATION WHATSOEVER THAT I COULD MAKE ANY TYPE OF DECISION ON SETTING.>> THANK YOU, COMMISSIONER. AND SO JUST TO REFOCUS WHERE WE'RE AT, FOLKS, BECAUSE THERE'S OVER 20 SPEAKERS THAT MENTIONED COMMENTS ABOUT WHAT BIOETHANOL IS, WHAT IT IS NOT. JUST TO REITERATE, MISS PRINCE, IF YOU'LL SUPPORT THIS STATEMENT, THIS IS NOT NECESSARILY A NEGOTIATION OF THAT DEFINITION.
THIS IS WHETHER OR NOT THE CITY IS INTERESTED IN MOVING FORWARD TO EVEN HEAR WHAT RYAM HAS TO SAY, AND THERE'S NO OBLIGATION TO AGREE TO THOSE TERMS. SO TO QUALITY, IF THIS MOTION IS TO PASS THROUGH, THAT DOOR CLOSES, AND WE SIMPLY SAY WE'RE WILLING TO GO TO COURT. WHEREAS IF THIS MOTION IS TO POTENTIALLY BE AMENDED OR CHANGED, THEN THERE'S AT LEAST A FUTURE AGENDA ITEM TO HEAR WHAT POTENTIAL DISCUSSIONS ARE THERE.
THERE'S NO APPETITE ON THIS COMMISSION TO DO SO, THEN THAT'S THE WILL OF THE COMMISSION. BUT I JUST WANT OUR CITIZENS AT HOME TO UNDERSTAND THAT, AND I WANT THE COMMISSION TO UNDERSTAND WHAT WE'RE ABOUT TO VOTE ON AS COMPLETELY AS
POSSIBLE. >> AND MR. MAYOR, IF I MAY, JUST TO CONFUSE THE ISSUE FOR YOU, AND SUZANNE AND SAM MAY WANT TO WEIGH IN AS WELL. IF YOU PICK NUMBER 11 TONIGHT, IT IS TRUE THAT YOU ARE, YOU KNOW, SELECTING TO ENFORCE THE GOVERNMENTAL ACTION YOU ARE ALREADY TAKING. AND IT IS TRUE AT THAT POINT RYAM WOULD HAVE TO MAKE A DECISION AS TO WHETHER OR NOT TO FILE SUIT. RIGHT? THAT OPENS THE DOOR FOR THEM TO PROCEED WITH FILING SUIT. WHAT SAM DID INDICATE AND THERE'S NO INDICATION THAT THIS WILL HAPPEN, THAT IT WILL BE ANY BETTER AT THIS TIME, BUT IN THE CIVIL SUIT YOU WILL HAVE TO GO TO MEDIATION. YOU ARE ABSOLUTELY GOING TO HAVE TORPID THE CIVIL RULES OF PROCEDURE AND THE FEDERAL RULES OF PROCEDURE. A JUDGE IS GOING TO SEND THIS GROUP TO MEDIATION, AND SO I JUST WANTED TO POINT THAT OUT. I MEAN, YOU ARE CORRECT. WE'RE HERE TONIGHT ON THOSE 11 OPTIONS, AND WHAT WOULD HAPPEN IS THEN AT THAT POINT, YOU KNOW, IT'S VERY CLEAR THAT RYAM IS IN THE ROOM. THEY'VE HEARD EVERYTHING, AND WHO KNOWS WHAT WOULD COME OF IT, BUT OPTION 11 WOULD GIVE THEM THE ABILITY TO GO FILE SUIT. THAT IS CORRECT. AND IF YOU WOULD ALLOW SUZANNE TO JUST SPEAK UP ONE MORE TIME, IS THAT OKAY, MR. MAYOR?
>> YES. AND I STILL HAVE COMMISSIONER REQUESTS TO SPEAK AS WELL. WE MIGHT HAVE QUESTIONS FOR YOU, MISS SUZANNE.
>> THANK YOU, MR. MAYOR. I THINK YOU'VE COVERED THE PLAYING FIELD. I WOULD BEG YOUR INDULGENCE. THERE WERE LOTS OF REALLY IMPORTANT COMMENTS COMING FROM THE PUBLIC THAT ARE VERY IMPORTANT FOR THE FUTURE OF THE CITY. WE KNOW THAT. WHAT WE'RE TRYING TO MAKE SURE THAT EVERYONE IN THE ROOM UNDERSTANDS ALONG WITH THE COMMISSION IS THAT THE QUESTION OF WHETHER OR NOT WE SHOULD DENY THIS APPLICATION IS BEING LITIGATED AND IS BEING FOUGHT AND THE CITY TOOK A POSITION THAT IS BEING DEFENDED. THOSE TWO LAWSUITS, HOWEVER, ARE NOT THE SUBJECT OF TONIGHT'S DISCUSSION. AND EVEN IF WE ARE PROVEN TO BE 100% CORRECT AND WE PREVAIL IN EVERY POSSIBLE MANNER, WE WILL BE LEFT WITH THAT CLAIM. IT DOESN'T MEAN YOU'LL LOSE IT. I'M NOT SAYING THAT AT ALL. I'M SAYING YOU'LL STILL HAVE TO CONTEND WITH IT. THAT'S WHY THIS REQUIRES US AS WE ARE DOING IN THIS PHASE DISCUSSIONS ALL THESE OPTIONS AT THIS POINT PRIOR TO THE FILING OF THAT LAWSUIT. THAT'S WHAT I WANT TO REINFORCE FOR EVERYONE. I'M HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS.
>> THANK YOU, MISS SUZANNE. >> I HAVE A QUESTION FOR HER.
>> I HAVE COMMISSIONER TUTEN FIRST AND THEN COMMISSIONER
MINSHEW. >> I WANT TO ASK A QUESTION. SO SUZANNE, IF YOU'RE SAYING THAT HOW MUCH TIME YOU SAID IF WE ACTED LIKE THIS WAS A FIRST READING AND WE WERE GOING TO A SECOND READING AND THE LIST THAT COMMISSIONER MINSHEW, I ALMOST CALLED YOU GENECE. IT WAS A COMPLETE LIST. WHAT WOULD BE THE EXPECTATIONS OF GETTING INFORMATION FROM RYAM ON A TIMELY BASIS LIKE THAT? OR IS THE TIME, DO WE GET ADDITIONAL TIME TO GET THESE QUESTIONS ANSWERED? BECAUSE I THINK
[02:05:04]
THAT'S AN IMPORTANT THING BECAUSE MY POINT IS I DON'T KNOW ANYTHING ABOUT ANY OF THIS. SO AND TO EVEN BE ABLE TO SPEAK TO THE COMMUNITY, WE HAVE TO HAVE ANSWERS. WE HAVE NONE.>> THAT'S A REALLY GOOD QUESTION. THE WAY THAT THIS IS [INDISCERNIBLE] WE HAVE AN AGREEMENT THROUGH NOVEMBER 10TH.
BASED ON YOUR REGULAR MEETING SCHEDULE, YOU HAVE A SECOND OCTOBER MEETING AND A FIRST NOVEMBER MEETING THAT WILL OCCUR BEFORE THAT DEADLINE. AND SO THAT'S WHAT I MEANT WHEN I SAID IF YOU ARE OPEN TO PURSUING A DISCUSSION, NOT NECESSARILY THAT YOU'LL DO IT, BUT IT'S WITHIN YOUR RIGHT TO SAY TONIGHT [INDISCERNIBLE]. THAT'S FINE. I UNDERSTAND THAT. BUT WE WANTED TO MAKE SURE YOU UNDERSTOOD THE FULL RANGE OF OPTIONS. THERE IS AN OPTION TO SAY I HAVE INTEREST IN 1-10, BUT I NEED MORE INFORMATION. IF WE GOT THAT DIRECTION, WE WOULD CIRCLE BACK.
THERE'S NO GUARANTEE OF WHAT WOULD HAPPEN. WE WOULD REACH OUT TO RYAM, AND WE WOULD SEE WHERE WE COULD GET WITH THAT. WE WOULD ASK FOR THE INFORMATION, GET THAT DIALOGUE, AND WE WOULD REPORT BACK TO YOU. AND YOU KNOW, IF THERE IS A VIABLE [INDISCERNIBLE], WE MIGHT GET TO A POINT WHERE WE SAY WE WANT TO EXTEND THIS FURTHER. BUT THAT'S NOT GUARANTEED. BUT THAT'S PROCEDURALLY WHAT IT WOULD LOOK LIKE. DOES THAT ANSWER YOUR
>> THANK YOU, COMMISSIONER. >> SUZANNE, I HAVE A QUESTION.
AND PROCEDURALLY GETTING THIS INFORMATION, THAT DOES NOT MEAN WE'RE CHOOSING 1-10. IT JUST MEANS, WHAT IS THE WORD I'M LOOKING FOR? WE'RE DEFERRING, CONTINUING?
>> YOU WOULD BE ABLE TO CONTINUE THIS TO A DATE CERTAIN. I WOULD RECOMMEND OCTOBER 21ST SO WE CAN GET AN UPDATE STATUS AND NOVEMBER 4TH WOULD BE YOUR LAST MEETING, AND THEN AGAIN DEPENDING ON HOW RYAM REACTS TO YOUR QUERIES, YOUR REQUEST FOR INFORMATION THROUGH YOUR ATTORNEYS, WE WOULD HAVE MORE INFORMATION. WE COULD VERY EASILY COME BACK AND THEY COULD DISAGREE WITH PROVIDING ANY OF THE INFORMATION, DISAGREE WITH THE NECESSITY OF ANY OF THE INFORMATION. THAT'S CERTAINLY WITHIN THEIR RIGHT, AND WE COULD REPORT THAT BACK TO YOU. IF YOU VOTE ON THE RESOLUTION, THE MOTION BEFORE YOU, THEN YOU WOULD GO WITH OPTION 11, AND WE WOULD MOVE ON. RYAM STILL HAS HEARD YOU THIS EVENING, AND MAYBE THAT COULD BRING MORE INFORMATION BACK TO YOU. TO GO GET MORE INFORMATION AS OUTLINED BY COMMISSIONER MINSHEW IF EVERYBODY'S IN FAVOR OF THAT, I THOUGHT AS WELL IT WAS A GOOD AND COMPREHENSIVE LIST. I'M LOOKING AT IT OVER THERE. YOU WOULD THEN DIRECT THE LITIGATORS TO GO BACK AND DISCUSS THESE MATTERS. IT DOES NOT OBLIGATE YOU. AND IT DOES NOT OBLIGATE RYAM. NEITHER PARTY. BUT IT WOULD BRING US BACK. WE'D BE AT ANOTHER OPEN MEETING REPORTING BACK TO YOU SUCCESS, FAILURE, YOU KNOW WHATEVER YOU NEED TO KNOW. AND THEN YOU'LL HAVE TO. ULTIMATELY, AT SOME POINT I HEARD SOMETHING SAID TONIGHT YOU DON'T HAVE TO MAKE THIS DECISION, AND I WROTE THAT DOWN BECAUSE YOU WILL HAVE TO MAKE THIS DECISION. IT'S EITHER GONNA BE OPTION 11 OR WE END UP IN A SETTLEMENT AGREEMENT. THOSE ARE YOUR OPTIONS, RIGHT? SO AT SOME POINT, YOU WILL RUN OUT OF TIME, AND WE WILL NEED TO MAKE A
DECISION. >> THAT'S FINE. I CAN, I CAN -- MORE INFORMATION IS ALWAYS GOOD. I CAN CONTINUE THIS WITH GENECE'S QUESTIONS. IF WE'RE GONNA DO THAT, I WOULD LIKE TO ADD A FEW THINGS THAT, THAT WE GET AN ENVIRONMENTAL ASSESSMENT TO DETERMINE THE LIKELIHOOD THAT IT IS ALREADY AN EXISTING BROWN FIELD, AND THE LIKELIHOOD THAT IT IS A FUTURE SUPER FUND SITE, WHEN AND IF THE SITE IS EVER VACATED. AND I WOULD ALSO LIKE TO ADD THAT WITH SOME OF THE AIR QUALITY MONITORING, THAT ENFORCEMENT TOOLS ARE PUT IN PLACE. AND THE EXPENSE OF THE
ENFORCEMENT IS PAID FOR BY RYAM. >> IF THEY WERE TO MOVE FORWARD?
>> IF THEY WERE TO MOVE FORWARD AND AGREE. BUT I CAN, I CAN WAIT
FOR MORE INFORMATION. >> OKAY.
>> SO THEN YOU WOULD WITHDRAW YOUR MOTION?
>> MAKE A NEW MOTION. >> DO YOU STILL WISH TO SPEAK?
>> YEAH. I DO HAVE ONE MORE THING TO SAY.
>> OKAY. >> CORRECT ME IF I'M WRONG,
[02:10:04]
MISS PRINCE. THAT I JUST WANT EVERYBODY TO BE CLEAR THAT IF WE DO NOT OPT FOR OPTION 11, IF WE VOTE FOR 1-10 BY THE STATUTE, BY THE ARTICLE UNDERNEATH IT 4D, WE ARE IN ESSENCE GIVING UP OUR RIGHT TO THAT REGULATION AT ISSUE BECAUSE IF WE GRANT THIS, IF WE CHOOSE ONE OF THOSE AND GRANT THIS RELIEF, THE RELIEF GRANTED SHALL PROTECT THE PUBLIC INTEREST SERVED BY THE REGULATIONS AT ISSUE. SO WE ARE IN ESSENCE SAYING WE'RE GIVING THIS RELEASE. IF, IF, IF IN THE FUTURE WE WERE VOTE FOR 1-10.>> I DON'T UNDERSTAND THE QUESTION. I'M SORRY. YOU LOST ME. THE SCREEN WENT BLANK, AND I LOST MY TRAIN OF THOUGHT WITH YOU. FIRST, YOU WOULD CONTINUE --
>> FORGET IT. I DON'T NEED TO TALK ABOUT THIS TONIGHT.
>> I THINK WHERE YOU WERE GOING WITH THE ITEMS 1-10 ALLOW FOR SOME EXTRAORDINARY MEASURES THAT, YOU KNOW, ALLOW YOU TO HAVE VARIANCES TO YOUR CODE AND THINGS LIKE THAT. WE DIDN'T GO OVER EACH OF THE 10 WITH THE PUBLIC. THEY'VE BEEN UP ON THE SCREEN FOR QUITE A WHILE. AND WHAT YOU'VE ASKED IN THE PAST IS UNDER THAT SECTION D-1, IT SAYS IF YOU SETTLE UNDER ANY OF THOSE 10 ITEMS, THAT IT IS PRESUMED TO PROTECT THE PUBLIC INTEREST. I THINK THAT'S MAYBE WHAT YOU WERE GETTING AT. THE WAY THE STATUTE IS WRITTEN, THAT, THAT IS A PROTECT AFFORDED TO THE COMMISSIONER IF THEY DO DECIDE TO SETTLE.
>> WHICH IN ESSENCE MEANS WE WOULD BE HANDING AWAY?
>> I DON'T THINK. >> A PRESUMPTION?
>> NO. THAT WOULD ALL BE -- I WILL BE QUITE FRANK. A SETTLEMENT LIKE THIS IS GOING TO BE VERY COMPLICATED, AND I DON'T THINK THIS COMMISSION WANTS TO HAND ANYTHING AWAY. SO WE WOULD HAVE TO NEGOTIATE HOW TO DO THAT. IF YOU EXERCISED YOUR RIGHT UNDER THE 10, IT WOULD BE A VERY COMPLEX MATTER, AND I UNDERSTAND YOU DON'T WANNA GIVE AWAY YOUR RIGHT TO ENFORCE YOUR CODE AND YOUR COMP PLAN IF THAT'S WHAT YOU'RE ASKING ME. AND SUZANNE, WOULD YOU LIKE TO CHIME IN ON THAT?
>> YES. IF I COULD JUST RESPOND FURTHER TO COMMISSIONER TUTEN. I KNOW COMMISSIONERS ARE WAITING. I APOLOGIZE. THE APPROPRIATE ALTERNATIVE MOTION THIS EVENING WOULD BE MOTION TO CONTINUE THE DISCUSSION OF WHETHER TO CHOOSE 1-11 TO A DATE CERTAIN, WHICH IS THAT OCTOBER DATE JUST NAMED BY THERESA. YOU WOULD NOT BE VOTING TO ACTUALLY DO ANYTHING TONIGHT OTHER THAN KICKING THE CAN DOWN THE ROAD SO THAT WE CAN PURSUE THE VARIOUS PIECES OF INFORMATION YOU'VE OUTLINED. I WANT TO BE SURE THAT'S NOT MISUNDERSTOOD EITHER BY A MEMBER OF THE COMMISSION OR THE PUBLIC.
THAT'S WHAT'S ON THE TABLE FOR CONSIDERATION. MOTION ONE WAS BE DONE, CHOOSE 11. A POTENTIAL MOTION TWO IS LEAVE IT OPEN, NOT ACTUALLY MAKE A DECISION TONIGHT. THERESA WAS SAYING THE MORE DIRECTION YOU CAN GIVE US ON WHAT'S IMPORTANT TO YOU AND WHAT YOU NEED, THE BETTER PERHAPS WE CAN COME BACK AND RESPOND TO THAT BASED ON OUR CONVERSATIONS WITH RYAM. WE'VE ALREADY HEARD A CERTAIN AMOUNT. IS THAT HELPFUL IN TERMS OF VISUALIZING WHAT THE ALTERNATIVE WOULD BE?
>> YEP. >> ABSOLUTELY, MISS SUZANNE.
THANK YOU. COMMISSIONER TUTEN, YOU STILL HAVE THE FLOOR.
>> YEAH, NO. I'M GOOD. I'M DONE.
>> COMMISSIONER MINSHEW? >> SO SUZANNE, I HAVE A COUPLE QUESTIONS. AND IT'S REALLY ALL ABOUT TIMING, AND I KNOW THAT IN THE INTERCONNECTEDNESS OF THE THREE SUITS, I AM NOT CLEAR WHAT WE'RE GONNA GET IN TWO WEEKS THAT WOULD HELP US MOVE FORWARD.
SO I KNOW THAT WE TALKED ABOUT IF WE WOULD CONTINUE THIS TO OCTOBER 21ST OR POSSIBLY NOVEMBER 4TH, BUT MY REAL QUESTION IS DO WE HAVE THE ABILITY TO NEGOTIATE WITH THE OTHER ATTORNEYS TO CONTINUE TO MOVE THIS OUT, YOU KNOW, TIME OVER TIME? AND THEN HOW DO WE SETTLE THIS CLAIM BEFORE THE OTHER CLAIMS ARE SETTLED IN COURT? IT SEEMS TO ME THAT THERE'S SOME STEPS, I MEAN WHY WOULD I AGREE TO SETTLE THIS CLAIM AND GIVE SOMETHING AWAY SORT OF IF, IN FACT, AT SOME POINT A STATE OR FEDERAL COURT IS GOING TO CONCUR THAT WE'RE IN THE RIGHT? SO YOU KNOW, IT'S ALL -- I MEAN, I UNDERSTAND IT'S VERY COMPLICATED. BUT I'M TRYING TO FIGURE OUT THE TIMING AND THE SEQUENCING OF ALL THESE, AND HOW LONG WE CAN CONTINUE TO
[02:15:05]
CONTINUE THE BIRD-HARRIS CONVERSATION.>> I'LL START THIS AND I'LL LET SANDY FINISH IT, THE LITIGATOR. WHEN PARTIES ARE SITTING VOLUNTARILY TO TALK ABOUT SETTLEMENT, THIS CREATES AN OPPORTUNITY. WHAT YOU SAY AT THAT TABLE AND WHAT YOU ULTIMATELY DECIDE TO DO IS YOUR CHOICE, THE FIVE OF YOU. IT'S UP TO YOU TO TALK ABOUT THE TERMS. THE CITY DOES NOT HAVE UNILATERAL CONTROL THAT WE COULD GIVE OURSELVES ADDITIONAL TIME. IT STANDS TO REASON BASED ON BEST PRACTICE IF THIS IS A FRUITFUL DIALOGUE, THE PARTIES MIGHT AGREE TO GIVE OURSELVES MORE TIME. I DO THINK IT'S A VERY APPROPRIATE QUESTION TO SAY HOW IS THIS ALL INTERTWINED? AT ITS HEART, ALL OF THESE ACTIONS ARE BASED IN A SINGLE ISSUE, WHICH IS WHAT HAPPENS ON THIS PROPERTY, EVEN IF THEY'RE EXPRESSED IN A DIFFERENT FORM, IN A DIFFERENT WAY. AND YES, IT IS [INDISCERNIBLE], BUT IT IS WITHIN THE RANGE OF THINGS THAT ARE AVAILABLE TO YOU TO DISCUSS NOW. IF WE ULTIMATELY DECIDE THIS IS NOT THE TIME, WE WILL BE ORDERED INTO MEDIATION AT SOME POINT. SO THERE WILL BE FUTURE TIMES WHERE WE CAN SIT DOWN.
IT'S JUST AT THAT POINT, WE WOULD HAVE COMPLETED THIS CLAIM PROCESS, AND IT WOULD BE UP TO RYAM WHETHER TO PROCEED TO AMEND THEIR STATE CLAIM OR FILE A SEPARATE CLAIM WITH THEIR HARRIS ACT LITIGATION. CORRECT ME WHERE I'M WRONG AND FILL IN THE GAPS.
>> I THINK WHAT YOU SAID IS CORRECT. AND I WOULD JUST ADD, YOU ASKED A QUESTION ABOUT HOW CAN YOU CONSIDER THESE OPTIONS WITH THE OTHER PENDING LITIGATION OUT THERE? AND AS YOU MENTIONED A FEW TIMES, WE'RE GOING TO HAVE TO MEDIATE THOSE CLAIMS AS WELL AT SOME POINT. OR, YOU KNOW, THEY CAN BE NEGOTIATED OUTSIDE OF MEDIATION. AND IF THERE IS A RESOLUTION OF ANY OF THEM, IT COULD EQUAL A RESOLUTION OF ALL OF THEM. IF THAT'S THE DIRECTION EVERYONE WANTS TO GO. DOES THAT ANSWER
THAT QUESTION? >> WELL, IN A LAWYERLY WAY, YES.
>> I GUESS DIRECTLY SPEAKING. >> THANK YOU, SUZANNE AND SAM.
>> MR. MAYOR, IF I MAY. SAM AND SUZANNE DIRECTLY SPEAKING, WHAT I'M HEARING FROM THIS COMMISSION IS IF THEY DID POSTPONE AND THEY DID TAKE TIME AND THEY DID PURSUE GETTING ANSWERS TO QUESTIONS, COULD ONE OF THEIR REQUIREMENTS BE THAT WE SETTLE ALL THREE? COULD THAT BE SOMETHING WE BRING TO THE TABLE? THAT WE WANT ALL OF THE LITIGATION RESOLVED BY THIS? THAT'S THE QUESTION. COULD THAT BE SOMETHING THAT WE BRING TO THE TABLE? NEITHER ONE OF THEM WANNA ANSWER, SO MAYBE IT'S NOT
A GOOD QUESTION. >> WAS THAT A QUESTION FOR US?
>> YES, IT WAS. [LAUGHTER] >> BECAUSE I BELIEVE THAT I'M HEARING FROM THIS COMMISSION THAT, YOU KNOW, IF THEY DO DECIDE TO PURSUE SETTLEMENT OPTIONS UNDER BERT-HARRIS, THAT THEY WOULD NEED TO PURSUE THE RESOLUTION BEING TO ALL OF THE CLAIMS. AND NOT SIMPLY THE BERT-HARRIS GOES AWAY AND WE'RE LEFT WITH THE OTHER TWO LAWSUITS. THAT IS WHAT I'M HEARING. AND IS THAT A POSSIBILITY TO PRESENT?
>> IN THE NEGOTIATION. >> RIGHT. I THINK IT IS.
>> ADD TO THE LIST OF THINGS THAT CAN BE DISCUSSED.
>> YES. >> FOLKS, ONCE AGAIN, PLEASE NO
COMMENTARY FROM THE AUDIENCE. >> OKAY. SO AS I SAID WHEN I STARTED SPEAKING, I WAS GOING TO MAKE IT CLEAR AS MUD. I THINK WE'VE DONE A GOOD JOB OF THAT. BUT I THINK THAT'S WHAT'S COMPLICATED ABOUT THIS. YOU ARE MANDATED BY THE STATUTE TO HAVE THIS DISCUSSION, AND YOU KNOW YOU'RE DOING IT WITH THE FIDUCIARY DUTY THAT YOU HAVE AND YOUR DUTY AS PUBLIC OFFICIALS TO TALK ABOUT THIS, CONSIDER IT. AND WHAT YOU DO TONIGHT, UM, WILL SATISFY THE REQUIREMENTS OF THIS STATUTE. IT WILL EITHER BE OPTION 11, OR YOU CAN CONTINUE IT, AND WE CAN BRING BACK MORE INFORMATION. AND TO YOUR QUESTION, COMMISSIONER MINSHEW, ABOUT THE 21ST VERSUS THE 4TH, I MEAN CERTAINLY I WAS JUST SUGGESTING THE IMMEDIATE NEXT DATE JUST TO KEEP OUR FEET TO THE FIRE, REPORT BACK WHERE WE WERE AT. YOU MAY HAVE TO CONTINUE IT AGAIN. IF YOU CONTINUE IT TO 11-4, THEN WE'RE RIGHT UP AGAINST THE DEADLINE. BUT AS SAM AND SUZANNE HAVE
[02:20:04]
ALREADY INDICATED, IF THE OTHER SIDE WANTED TO GIVE US ANOTHER EXTENSION, THEY COULD. AND IF THEY DON'T WANT TO, THEN YOUHAVE YOUR ANSWER. >> THEN WE HAVE OUR ANSWER. DO
YOU WANNA WITHDRAW YOUR MOTION? >> I JUST MAKE A MOTION THAT WE CONTINUE THIS TO NOVEMBER 20 -- NO, OCTOBER 21ST.
>> WE HAVE A NEW MOTION FROM COMMISSIONER POYNTER. DO I HAVE A SECOND FOR THAT MOTION TO CONTINUE THE DISCUSSION?
>> SECOND. >> I HAVE A MOTION AND A SECOND.
IS THERE ANY ADDITIONAL COMMISSIONER DISCUSSION?
>> I JUST WANNA MAKE SURE THAT ON THAT LIST THAT IT WOULD INCLUDE ON SETTLEMENT TALKS ALL OF THE LITIGATION.
>> CONTINUE TO OCTOBER 21ST AND THE CONSENSUS WILL BE ONCE THE MOTION IS MADE IF IT IS APPROVED, THAT WE PURSUE MISS MINSHEW'S COMMENTS, MISS TUTEN'S COMMENTS, AND THEN COMMISSIONER POYNTER HAS ALSO SAID THAT IT INCLUDES SETTLING ALL THREE. SO THAT WOULD BE THE DIRECTION FOR US TO GO FORWARD
AND COME BACK ON OCTOBER 21ST. >> UNDERSTOOD.
>> THANK YOU, SUZANNE. AND THANK YOU MISS PRINCE. WITH A MOTION AND A SECOND AND NO ADDITIONAL COMMISSIONER DISCUSSION, PLEASE
START THE VOTE. >> WHY DOES THAT KEEP GOING OUT?
>> WE HAVE TO TOGGLE BACK AND FORTH.
>> OKAY. GOT IT. >> THAT MOTION PASSES 5-0. SO THIS COMMUNICATION WILL CONTINUE AT THE NEXT SCHEDULED MEETING.
[7.2 AWARD OF REQUEST FOR QUALIFICATIONS 25-01 - PROFESSIONAL PLANNING CONSULTANT SERVICES – AIRPORT MASTER PLAN UPDATE - RESOLUTION 2025-184 AWARDING REQUEST FOR QUALIFICATIONS 25-01 FOR PROFESSIONAL PLANNING CONSULTANT SERVICES – AIRPORT MASTER PLAN UPDATE TO AVCON, INC.; AUTHORIZING ADMINISTRATIVE CORRECTION OF SCRIVENER’S ERRORS; AUTHORIZING EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Awarding RFQ 25-01 for Professional Planning Consultant Services – Airport Master Plan Update to AVCON, Inc., in the amount of $762,510.]
>> THANK YOU FOR YOUR TIME. >> BYE BYE.
>>> ALL RIGHT. THAT WILL MOVE US ALONG TO ITEM 7.2, AN AWARD FOR REQUEST FOR QUALIFICATIONS FOR PLANNING CONSULTANT SERVICES FOR
OUR AIRPORT MASTER PLAN UPDATE. >> THAT WAS THE ZOOM.
>> WE'LL TAKE ONE MINUTE FOR THE CHAMBERS TO ENTER. FOLKS, PLEASE EXIT QUIETLY. WE ARE STILL CONDUCTING THE REST OF CITY BUSINESS. MR. COYLE, COME ON UP.
>> COMMISSIONERS, GOOD EVENING. NATHAN COYLE, AIRPORT MANAGER.
I'D LIKE TO INTRODUCE RYAN, THE DIRECTOR OF AVIATION PLANNING.
IN PREVIOUS DISCUSSIONS THROUGH COORDINATION WITH THE FAA, IT'S A GOOD TIME AND THE RIGHT TIME TO COMPLETE AN UPDATE TO THE AIRPORT'S MASTER PLAN. THE LAST PLAN WAS COMPLETED IN 2015.
WE'VE ACCEPTED A GRANT FROM THE FAA WITH THE FIRST PHASE OF FUNDING FOR 95% COVERAGE OF THE EXPENSES ASSOCIATED WITH THE MASTER PLAN. ESTATE GRANT FOR A 5% MATCH TO THAT GRANT AND EXPECT A SECOND PHASE FROM THE FAA IN THE SPRING OF NEXT YEAR TO COVER THE REMAINING COSTS OF THE MASTER PLAN PROCESS. WE RELEASED A REQUEST FOR QUALIFICATION FOR THAT PROCESS, RECEIVED SIX SUBMITTALS, AND AFCON WAS SCORED AS THE RECOMMENDED SELECTION. WE'VE NEGOTIATED A SCOPE OF SERVICES WITH AFCON. WE'VE DONE A DETAILED REVIEW OF THE SCOPE OF WORK, AND WE'D RECOMMEND THAT WE MOVE FORWARD WITH AWARD OF THAT RFQ. AND IF I CAN JUST GIVE THE FLOOR TO RYAN TO INTRODUCE HIMSELF FOR A LONG MOMENT. I KNOW YOU'VE HAD A LONG NIGHT.
>> GOOD EVENING. RYAN LINDA, DIRECTOR OF AVIATION PLANNING WITH AFCON. VERY APPRECIATIVE AND HAPPY TO BE HERE WITH ALL OF YOU TODAY. LOOK FORWARD TO KICKING OFF THE MASTER PLAN.
OVERALL, THE MASTER PLAN WILL CONSIST OF THREE MAJOR TASKS.
IT'S THE UPDATE OF THE MASTER PLAN IN ITSELF AND AN AIRPORT PLAYOUT PLAN THAT WILL BE ASSOCIATED WITH THAT. THERE'S ALSO A STORM WATER MASTER PLAN INCLUDED WITH THE MASTER PLAN UPDATE AS WELL AS AN EXHIBIT A AIRPORT PROPERTY INVENTORY MASK.
THREE MAJOR TASKS ASSOCIATED WITH THE MASTER PLAN, AND WE
LOOK FORWARD TO GETTING TO WORK. >> I HAVE ONE QUESTION.
>> YOU HAVE THE FLOOR. >> DO YOU KNOW, I SEE THAT TEST NUMBER SEVEN, THE STORM WATER MASTER PLAN WILL BE DEFERRED TO THE SPRING UNTIL THE SEPARATE FUNDING PHASE. WILL THAT BE CONDUCTED IN A SILO IN THE AIRPORT? OR WILL THAT BE A GREATER STORM WATER MASTER PLAN FOR THE WHOLE AREA? AND ACTUALLY HOW PERFECT THAT HE'S RIGHT BETWEEN YOU TWO.
[02:25:01]
>> ANDRE AND I WORK CLOSELY ON STORM WATER AT THE AIRPORT.
IT'S OUR INTENT TO WORK CLOSELY WITH ANDRE AND HIS TEAM WITH THAT STORM WATER MASTER PLAN FOR THE AIRPORT.
>> THANK YOU. THAT'S ALL I HAVE.
>> ANY ADDITIONAL QUESTIONS FOR MR. COYLE?
>> I MOVE WE APPROVE THE RESOLUTION.
>> THANK YOU, MR. COYLE. I HAVE A MOTION. DID I HEAR A SECOND? ANY ADDITIONAL COMMISSIONER DISCUSSION? SEEING NONE, MISS BEST, PLEASE START THE VOTE.
[7.3 SINGLE SOURCE VENDOR AND PURCHASE APPROVAL - PRESIDIO NETWORKED SOLUTIONS LLC. - RESOLUTION 2025-185 APPROVING PRESIDIO NETWORKED SOLUTIONS LLC. AS A SINGLE SOURCE VENDOR TO PROVIDE NETWORK HARDWARE, SOFTWARE, AND DEPLOYMENT SERVICES IN FISCAL YEAR 2025/2026; AUTHORIZING ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS; AUTHORIZING EXECUTION: AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Approves Presidio Networked Solutions, LLC. as a single source vendor, for a five-year renewal period, to provide network hardware, software, and deployment services, in the amount of $118,800.00.]
>> THAT MOTION PASSES 5-0. WE'LL MOVE ON TO ITEM 7.3. A SINGLE SOURCE VENDOR FROM PRESIDIO NETWORK SOLUTIONS. WILL THIS BE
MISS CAMPBELL? >> REQUESTING THE APPROVAL THAT RENEWS OUR AGREEMENT WITH PRESIDIO NETWORK SOLUTIONS.
WE'RE REQUESTING A FIVE-YEAR RENEWAL. THE TOTAL COST OF THAT CONTRACT IS $118,800 OVER THAT FIVE-YEAR PERIOD. AND THE FUNDS ARE BUDGETED IN ALL THE VARIOUS DEPARTMENTS UNDER PHONE, FAX, ALARM SERVICES. AND WE RECOMMEND APPROVAL.
>> THANK YOU, MISS CAMPBELL. ANY QUESTIONS FOR ITEM 7.3?
>> MOVE TO APPROVE. >> SECOND.
>> ANY ADDITIONAL COMMISSIONER DISCUSSION? SEEING NONE, MISS BEST, PLEASE START THE VOTE. AND THAT PASSES 5-0, WHICH MOVES US
[7.4 POLICY AMENDMENT - COMMUNICATIONS MEDIA TECHNOLOGY LEGISLATIVE, QUASI-JUDICIAL, AND ADMINISTRATIVE HEARING PROCEDURES - RESOLUTION 2025-186 AMENDING THE COMMUNICATIONS MEDIA TECHNOLOGY LEGISLATIVE, QUASI-JUDICIAL, AND ADMINISTRATIVE HEARING PROCEDURES ADOPTED BY RESOLUTION 2020-69; AUTHORIZING ADMINISTRATIVE CORRECTION OF SCRIVENER’S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Approves amendments to the City's adopted procedures for holding hybrid or virtual meetings during states of emergency and other uses of Communications Media Technology ("CMT").]
ALONG TO ITEM 7.4. A POLICY AMENDMENT FOR COMMUNICATIONS MEDIA TECHNOLOGY LEGISLATIVE AND QUASI-JUDICIAL AND ADMINISTRATIVE HEARING PROCEDURES. MISS PRINCE.>> THANK YOU, MR. MAYOR. WE WERE REVIEWING YOUR POLICY THAT WAS INITIALLY ENACTED WHEN THERE WAS EMERGENCY ORDERS BY THE GOVERNOR ALLOWING YOU TO MEET REMOTELY DURING THE COVID CRISIS, I WOULD CALL IT. THIS POLICY HAS NOT BEEN LOOKED AT SINCE 2020 WHEN YOU ADOPTED THE INITIAL RESOLUTION. SO WHAT WE HAVE DONE IS UPDATED THE POLICY TO FOLLOW YOUR CHARTER, WHICH DOES ALLOW YOU TO, IF YOU HAVE A QUORUM IN PERSON, THEN ONE OF YOU THAT MAY WANT TO ATTEND REMOTELY CAN DO SO, BUT PURSUANT TO YOUR CHARTER, IT IS ONLY IN THE SITUATION OF A SERIOUS MEDICAL CONDITION. AND THE OTHER THING THAT WE'RE CORRECTING IS THAT IT'S GOING TO APPLY TO ALL OF YOUR BOARDS. THE PREVIOUS POLICY ONLY APPLIED, IT APPEARED, TO THE COMMISSION. SO WE'RE JUST BASICALLY UPDATING IT, BRINGING IT FORWARD SO THAT ALL OF YOUR BOARDS IF SOMEONE HAD A MEDICAL CONDITION AND WANTED TO ATTEND REMOTELY BUT THERE WAS A QUORUM PRESENT IN PERSON, THEY WOULD BE ABLE TO DO SO. THAT'S THE SIMPLE CHANGE, AND IT'S RESTRICTED BECAUSE OF YOUR CHARTER. IT SAYS A SERIOUS MEDICAL CONDITION, SO THAT'S WHY I HAVE RESTRICTED YOU TO
THAT. >> ANY QUESTIONS ON ITEM 7.4?
>> I JUST HAVE ONE COMMENT THAT THIS COMMISSION, SOME FUTURE COMMISSION, WHENEVER THE CHARTER IS REVIEWED IN THE FUTURE, THAT WE CONSIDER CHANGING THE CHARTER TO INCLUDE SOME SERIOUS MITIGATING CIRCUMSTANCE THAT KEEPS A MEMBER, ANY BOARD MEMBER FROM ATTENDING. SAY YOU MISSED A FLIGHT OR SOMETHING AND POTENTIALLY WOULD BE ABLE TO REMOTELY JOIN IN A CASE LIKE
>> THAT'S A FUTURE. >> I MOVE THAT WE APPROVE
RESOLUTION 2025-186. >> I HAVE A MOTION. DO I HAVE A
>> A MOTION AND A SECOND. ANY ADDITIONAL DISCUSSION? SEEING NONE, MISS BEST, PLEASE START THE VOTE. THAT MOTION PASSES
[7.5 DEEDS OF DEDICATION - RON SAPP EGANS CREEK GREENWAY PARCELS - RESOLUTION 2025-187 ACCEPTING DEEDS OF DEDICATION FROM STEVE SJUGGERUD FOR THREE PARCELS OF VACANT LAND LOCATED NEAR THE RON SAPP EGANS CREEK GREENWAY TO ADD TO THE CITY’S CONSERVATION ACREAGE; REQUIRING THE DEED TO BE RECORDED; AUTHORIZING ADMINISTRATIVE CORRECTION OF SCRIVENER’S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Accepts deeds of dedication, totaling approximately 0.39 acres of land, located adjacent to the Ron Sapp Egans Creek Greenway from Steve Sjuggerud to add to the City's conservation acreage.]
5-0. WHICH WILL BRING US TO ITEM 7.5, DEEDS OF DEDICATION FOR THE RON SAPP EGANS CREEK GREENWAY PARCELS.>> CONSIDERATION OF RESOLUTION 2025-187. MR. STEVE WOULD LIKE TO DONATE THREE PARCELS OF LAND TO THE CITY. THESE PARCELS ARE UNDEVELOPED, AND THEY'RE ADJACENT TO EGANS CREEK GREENWAY. IT'S TOTAL .39 ACRES, AND WE WOULD HAVE A FUTURE PROCESS TO CHANGE THE FUTURE LAND USE DESIGNATION AND THE DENSITY OF THESE, BUT AT THIS TIME WE ARE RECOMMENDING APPROVAL OF THE RESOLUTION TO RECEIVE THIS DONATION.
>> THANK YOU, MISS CAMPBELL. ANY QUESTIONS?
>> MOVE TO APPROVE. >> SECOND.
>> I HAVE A MOTION AND A SECOND. ANY ADDITIONAL DISCUSSION?
>> I WOULD JUST LIKE TO PROFUSELY THANK MR. SHUGARUDE.
[02:30:05]
THE THREE LOTS ARE ADJACENT TO THE CREEK. IF YOU'RE STANDING ON THE BEACH STREET BRIDGE LOOKING NORTH AND YOU'RE LOOKING AT A BIG WOODED SECTION OF GREENWAY, THAT'S WHERE THEY ARE AT THE BASE OF BELVEDERE. THEY'RE LOW LYING AND NOT REALLY BUILDABLE, BUT THEY ARE CERTAINLY BEAUTIFUL. THEY PROTECT THE WATERWAY. WE'RE INCREDIBLY LUCKY HE'S DONATINGTHEM TO US. SO THANK YOU. >> THANK YOU, COMMISSIONER. I
ECHO THE THANKS AS WELL. >> AS WE ALL DO.
>> AS DOES THE COMMISSION. >> HE'S A GOOD GUY.
>> WITH NO FURTHER DISCUSSION, MISS BEST, PLEASE CALL THE VOTE.
[7.6 AGREEMENT APPROVAL – FLORIDA DEPARTMENT OF TRANSPORTATION - RESOLUTION 2025-188 APPROVING A FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT FOR THE ATLANTIC AVENUE REHABILITATION PROJECT; AUTHORIZING ADMINISTRATIVE CORRECTION OF SCRIVENER’S ERRORS; AUTHORIZING EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Approves the Florida Department of Transportation Utility Work By Highway Contractor Agreement for the Atlantic Avenue rehabilitation project, in the amount of $58,080.00, plus contingency, in an amount not to exceed $63,080.00.]
>> AND THAT PASSES 5-0, WHICH MOVES US ALONG TO ITEM 7.6.
FLORIDA DEPARTMENT OF TRANSPORTATION.
>> I THINK MR. JESSLEY WILL GIVE YOU THE UPDATE ON THE DOT UTILITY WORK RELATED TO THE RESURFACING OF ATLANTIC AVENUE.
>> UTILITIES DIRECTOR. THE AGREEMENT YOU HAD BEFORE YOU IS RELATED TO THE FDOT IMPROVEMENTS OF ATLANTIC AVENUE. THE PRIMARY FUNCTION OF THAT PROJECT IS RESURFACING OF THE EXISTING ASPHALT PAVEMENT. PART OF THAT IS TO ADJUST THE MANHOLES AND VALVES FOR THE CITY WATER AND WATER AND SEWER SYSTEM IN THAT CORRIDOR. SO THIS AGREEMENT IS A COST FOR FDOT TO INCLUDE THAT WORK WITH THEIR WINNING SELECTED BIDDER, CONTRACTOR FOR THAT PROJECT TO BETTER COORDINATE CONSTRUCTION. THE COST IS CURRENTLIEST MATED AT $58,050. WE'VE ADDED A CONTINGENCY TO COVER ANY ITEMS THAT COME UP THROUGHOUT CONSTRUCTION TO AVOID HAVING TO COME BACK FOR ADDITIONAL APPROVALS. STAFF ANY
>> ANY QUESTIONS? >> I HAVE A QUESTION.
>> COMMISSIONER MINSHEW, YOU HAVE THE FLOOR.
>> MR. DESSOLE, ARE WE GOING TO DO ANY OVERSIGHT OF THIS WORK? HOW DO WE KNOW THEY'RE GOING TO DO IT THE WAY WE WANT THEM TO DO IT? AND WHAT HAPPENS IF THEY DON'T DO IT THE WAY YOU WANT
THEM TO DO IT? >> WE HAVE NO JURISDICTION OVER
>> IT'S FDOT RIGHT OF WAY. WE DO NOT HAVE ANY INSPECTION RESPONSIBILITY. THEY DON'T NEED OUR APPROVAL TO DO ANYTHING WITH THIS PROJECT. I DON'T BELIEVE THAT IT NEEDS TO GO THROUGH ANY CITY APPROVAL PROCESS. THAT'S SOMETHING THAT WE ARE HAVING CONVERSATIONS ABOUT BECAUSE THIS IS, WE HAVEN'T DONE A PROJECT
OF THIS MAGNITUDE. >> RIGHT. I KNOW IT'S A BIG PROJECT. BUT THE OTHER OPTION, I MEAN, OTHERWISE IT WOULD BE LIKE OKAY, WE'RE GOING TO DO THAT PIECE OURSELVES, BUT WE REALLY CAN'T REALISTICALLY. BECAUSE IT'S NOT OUR STREET.
>> WELL, WE COULD. THE PORTION THAT'S IN FRONT OF YOU TODAY WITH THIS ADJUSTMENT, WE COULD DO IT IN-HOUSE. BUT WE FEEL IT'S BETTER, EASIER TO COORDINATE IT, FOR THAT CONTRACTOR TO JUST BE IN CONTROL OF THOSE ITEMS. THAT'S THE REASON WE RECOMMENDED GOING THIS ROUTE. THERE ARE STILL A LOT OF QUESTIONS THAT NEED CLARIFICATION REGARDING THE PROJECT IN GENERAL. SO I KNOW THAT WE'VE BEEN WORKING WITH DOT TO KIND OF ANSWER SOME OF THOSE QUESTIONS THAT THE PUBLIC
HAS. >> AND IT'S BEING DELAYED UNTIL
EARLY '26 OR LATER '26? >> YES. I BELIEVE IT'S JUNE OR
>> THEY'RE FINALIZING THE PLANS CURRENTLY.
>> RIGHT. I JUST WANT TO MAKE SURE THAT WE GET OUR MONEY'S WORTH, AND THAT WE'RE NOT, YOU KNOW, HAVING TO COME BACK
AFTERWARDS AND REDO STUFF. >> RIGHT. NOW, THERE ARE, YOU KNOW, WE ARE RESPONSIBLE FOR ADJUSTING AND RELOCATING ANY UTILITIES IN CONFLICT WITH THE PROPOSED WORK. AND WE'RE GOING THROUGH AND DETAILING THAT WORK NOW AS PART OF OUR PLAN REVIEW.
SO WE DO HAVE SOME OTHER WORK THAT NEEDS TO BE DONE. THIS IS JUST ONE PORTION OF IT THAT WE'RE OUTSOURCING TO DOT.
>> SO WE'LL SEE OTHER PROJECTS COME BEFORE US FOR THESE OTHER
COMPONENTS? >> YES, MA'AM. AND WE DO HAVE MONEY BUDGETED FOR THESE ACCOMMODATIONS.
>> THANK YOU SO MUCH. >> MAYOR? PAGE THREE OF THE AGREEMENT SAYS WE HAVE THE ABILITY TO FILE CLAIMS IF WE'RE NOT SATISFIED WITH THEIR CONTRACTOR'S WORK, AND THEY HAVE A DUTY TO REPLY WITHIN 14 WORKING DAYS. I THINK WE HAVE THE ABILITY TO PURSUE THEM IF WE DON'T BELIEVE THEY PERFORMED
>> HOLD THEIR FEET TO THE FIRE. >> PAGE TWO ALSO HAS A LIST OF
[02:35:01]
DEFAULTS, AND WE CAN PURSUE ANY OTHER LEGAL REMEDY AVAILABLE.>> I THINK I MISUNDERSTOOD. I THOUGHT YOU WERE REFERRING TO
THE PROJECT IN GENERAL. >> NO, NO.
>> JUST THE STUFF WE'RE PAYING FOR.
>> CERTAINLY. >> COMMISSIONER POYNTER?
>> I JUST WANT TO ASK THAT YOU HAVE STAFF LOOK AT IT BEFORE
THEY COVER IT UP. >> WE'RE GONNA HAVE CREWS ON SITE ANY TIME THEY'RE WORKING ANYWHERE AROUND OUR UTILITIES.
SO WE'LL CERTAINLY HAVE EYES ON THE PROCESS.
>> THANK YOU. >> ANY ADDITIONAL QUESTIONS?
>> I PRESUME, DO WE SAVE ANY MONEY BECAUSE THEY'RE DOING SOME OF THE DIGGING, AND WE'RE COORDINATING?
>> WE'RE WORKING THROUGH THOSE. WE'RE TRYING TO COORDINATE EFFORTS AND NOT, YOU KNOW, DO THE SAME WORK TWICE WHEREVER
POSSIBLE. >> I SEE NO OTHER QUESTIONS.
>> MOVE TO APPROVE. >> SECOND.
>> I HAVE A MOTION AND A SECOND. ANY ADDITIONAL DISCUSSION? SEEING NONE, MISS BEST, PLEASE START THE VOTE. THAT PASSES 5-0,
[8.1 PAY AND CLASSIFICATION PLAN UPDATE - ORDINANCE 2025-10 AMENDING THE PAY AND CLASSIFICATION PLAN ESTABLISHED BY ORDINANCE 2024-22 PURSUANT TO CHARTER SECTION 30 AND CODE OF ORDINANCES SECTION 62-247; AUTHORIZING ADMINISTRATIVE CORRECTION OF SCRIVENER’S ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Updates the pay and classification plan per Municipal Code Section 62-247.]
WHICH BRINGS US TO ITEM 8, OUR ORDINANCES FOR OUR SECOND READING, WHICH INCLUDES 8.1 OF PAY AND CLASSIFICATION PLANUPDATE. MISS CAMPBELL? >> THANK YOU, MAYOR. THIS IS 2025-10. THIS IS OUR ANNUAL UPDATE TO THE PAY CLASSIFICATION PLAN. THIS INCLUDES THE FIREFIGHTERS UNION, THE UNION EMPLOYEES, AND NON-UNION EMPLOYEES WHO ARE RECEIVING A 5% INCREASE. DOES NOT INCLUDE POLICE UNION BECAUSE THAT'S STILL IN NEGOTIATIONS. THE SENIOR ACCOUNTANT POSITION WAS INADVERTENTLY LEFT OFF, SO THAT HAS BEEN INCLUDED, BUT NO OTHER ADJUSTMENTS HAVE BEEN MADE. STAFF RECOMMENDS APPROVAL, AND I'D HAVE ATTORNEY READ BY TITLE ONLY.
>> ORDINANCE 2025-10, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH AMENDING THE PLAN ESTABLISHED BY ORDINANCE 2024-22 PURSUANT TO CHARTER SECTION 30 AND CODE OF ORDINANCES SECTION 62-247 AUTHORIZING ADMINISTRATIVE CORRECTION OF SCRIBNER'S ERRORS, AND PROVIDING FOR AN
EFFECTIVE DATE. THANK YOU. >> ANY QUESTIONS FOR ITEM 8.1?
DO I HAVE A MOTION? >> I MOVE TO APPROVE ORDINANCE 2025-10, AMENDING THE PAYING CLASSIFICATION PLAN.
>> I HAVE A MOTION. DO I HAVE A SECOND?
>> SECOND. >> MOTION AND A SECOND. ANY ADDITIONAL DISCUSSION? SEEING NONE, MISS BEST, PLEASE START
[9.1 FLORIDA LEAGUE OF CITIES - LEGISLATIVE POLICY COMMITTEES DESIGNEES - Synopsis: Commissioners will select among themselves who will serve on Florida League of Cities Legislative Policy Committees.]
THE VOTE. THAT PASSES 5-0, WHICH BRINGS US TO ITEM 9.1, OUR LEGISLATIVE POLICY COMMITTEE DESIGNEES, WHICH WE'LL BE HAVING MISS PRINCE FILL IN FOR MISS JACOBS.>> MISS JACOBS ASKED IF I WOULD HANDLE THIS FOR HER THIS EVENING. THIS IS BOARD APPOINTMENTS TO THE LEAGUE OF CITIES. WE HAVE HAD COMMISSIONER MINSHEW EXPRESS INTEREST IN THE DEVELOPMENT CODE COMPLIANCE AND REDEVELOPMENT COMMITMENT, AND COMMISSIONER TUTEN EXPRESS IN THE NATURAL RESOURCES AND PUBLIC WORKS. SO WE WOULD REQUEST A MOTION TO APPROVE THOSE TWO. AT THE SAME TIME, IF ANY OTHERS THAT DID NOT TAKE THE OPPORTUNITY TO GET BACK TO MISS JACOBS HAVE ANY INTEREST IN THE REMAINING THREE, FINANCE AND TAXATION FOR INTERGOVERNMENTAL RELATIONS, MOBILITY, AND EMERGENCY MANAGEMENT. OR MUNICIPAL OPERATIONS THEN WE CAN DISCUSS THAT AS WELL. BUT AT YOUR PLEASURE TO APPOINT COMMISSIONER TUTEN AND COMMISSIONER MINSHEW TO THEIR TWO COMMITTEES.
>> I CAN TAKE EITHER BOTH TOGETHER AS ONE MOTION OR TAKE TWO INDIVIDUAL MOTIONS IF THERE'S ANY OBJECTIONS,
COMMISSIONERS. >> I MOVE TO APPROVE BOTH.
>> I HAVE A MOTION TO APPROVE BOTH.
>> SPEED IT UP. >> DO I HAVE A SECOND?
>> SECOND. >> I HAVE A MOTION AND A SECOND.
ANY ADDITIONAL DISCUSSION? SEEING NONE, MISS BEST, PLEASE START THE VOTE.
>> COMMISSIONER TUTEN? IT'S NOT POPPING UP FOR ME. OH, THERE IT
[10. CITY MANAGER REPORTS]
IS. THANKS. THAT WAS WEIRD. >> THAT PASSES 5-0, WHICH BRINGS US TO ITEM 10, OUR CITY MANAGER REPORTS. TAKE IT AWAY, MISS
CAMPBELL. >> THANK YOU, MAYOR. I HAD SEVERAL PEOPLE RAISE COMMENTS ABOUT THE WATERFRONT PARK, AND I JUST WANTED TO REASSURE THE COMMISSION THAT WE ARE ON SCHEDULE. OUR CAPITAL PROJECTS MANAGER HAS BEEN RUNNING POINT WITH THE CONTRACTOR ON THAT. WE RECEIVED AN UPDATED SCHEDULE LAST WEEK, AND HE MET WITH THE SENIOR PROJECT MANAGER TODAY.
THEY ARE GOING TO FURTHER REVISE THAT SCHEDULE. BUT EVERYTHING'S MOVING ON AS SCHEDULED. WE ANTICIPATE SUBSTANTIAL
[02:40:01]
COMPLETION END OF JANUARY WITH PUNCH LIST STARTING IN FEBRUARY, WHICH IS A LITTLE BIT EARLIER THAN WHAT WE HAD ANTICIPATED.JUST BECAUSE WE DON'T SEE ACTIVITY TAKING PLACE THERE DOESN'T MEAN THAT WASN'T THE CONTRACTOR'S INTENTION. BUT THERE WERE WORKERS DOWN THERE TODAY WORKING ON THE SIDING FOR THE RESTROOMS. SO THAT IS MOVING ALONG. UPDATES ON THREE GRANTS.
WE ACCEPTED THE T-MOBILE CHECK FOR $50,000 AT THE BREW FESTIVAL OVER THE WEEKEND. THAT WILL HELP FUND THE PLAY STRUCTURE FOR THE WATERFRONT PARK. WE WERE NOTIFIED WE DID WIN THE EXHAUST SYSTEM RECAPTURE GRANT FOR STATION ONE, SO WE WILL NOT NEED TO SPEND THAT OUT OF CITY FUNDS, WHICH IS EXCITING. AND THEN WE, OUR LIGHTHOUSE SUBMITTAL RANKED FIVE OUT OF 55 IN TODAY'S RANKINGS. IF THE STATE FUNDS THAT PROGRAM AND THE GOVERNOR SIGNS IT, WE WILL GET INTERIOR WORK AT THE LIGHTHOUSE DONE FOR 2027. I WANT TO APOLOGIZE TO MR. KNOCKEY. I THINK I WAS SUPPRESSING A YAWN. SORRY, MR. EMBER. I WAS NOT LAUGHING. I WAS YAWNING BECAUSE I STAYED UP TO WATCH THE JAGS WIN LAST NIGHT.
>> WE ALL DID. >> YES, YES. THAT WAS VERY EXCITING. NEXT, YOUR NEXT MEETING ON 10-21, I WILL HAVE THE THIRD QUARTER UPDATE ON THE STRATEGIC PRIORITIES WE'VE BEEN WORKING ON THIS YEAR, AND THIS WEEKEND B FERNANDINA WILL BE HOSTING LOTS AND LOTS OF RUNNERS FOR THE HALF MARATHON. WATCH OUT FOR ALL THE RUNNERS ON THE STREETS. THAT'S ALL I HAVE.
THANK YOU. >> ANY QUESTIONS FOR MISS
CAMPBELL? >> I ONLY HAVE ONE QUESTION. OUR WORKSHOP ON PAID PARKING WAS GOING TO INCLUDE ALVAREZ AND
MLK. >> WE MOVED THAT FORWARD. YOU'LL SEE MLK REDEVELOPMENT NOW COME TO YOU AT THE NOVEMBER 4TH WORKSHOP, AND WE'RE STILL LOOKING FOR A PLACE HOLDER FOR ALVAREZ, AND WE GOT OTHERS IN THE QUEUE. THAT'S WHAT'S NEXT.
>> THANK YOU. ANY OTHER QUESTIONS FOR MISS CAMPBELL? SEEING NONE, WE'LL MOVE ON TO OUR CITY CLERK COMMENTS.
>> NO COMMENTS UNLESS YOU ALL HAVE ANY QUESTIONS OF ME.
[12. CITY ATTORNEY REPORTS]
>> THANK YOU, MISS BEST. ANY QUESTIONS FOR OUR CITY CLERK? SEEING NONE, WE'LL BRING IT TO MISS PRINCE FOR THE CITY
ATTORNEY REPORT. >> WHAT I HAVE IS AN UPDATE ON THE INITIATIVE, A LOT OF QUESTIONS HAVE BEEN ASKED. OUR CHARTER REQUIRES US TO PUT IT ON THE NEXT GENERAL ELECTION.
THERE'S NO CLEAR DEFINITION OF GENERAL ELECTION IN YOUR CODE.
WHAT OUR CODE DOES IS REFERS TO GENERAL ELECTION IN THE SECTION ABOUT YOUR ELECTIONS. AND IF THERE IS MORE THAN TWO OF YOU, TWO PEOPLE RUNNING FOR ONE SEAT, THEN THE GENERAL ELECTION IS DEFINED TO BE IN AUGUST. AND IF THERE'S ONLY TWO OF YOU RUNNING FOR A SEAT, THE GENERAL ELECTION WOULD BE IN NOVEMBER. BUT THEN I LOOKED AT STATE LAW TO GET SOME MORE CLARITY, AND AS WE ALL WOULD ASSUME, A GENERAL ELECTION IS THE NOVEMBER ELECTION. THE EXACT DEFINITION I BELIEVE IS THE FIRST, I'M NOT GOING TO MISQUOTE IT OR LOOK FOR IT, BUT IT WOULD BE THE NOVEMBER ELECTION NEXT YEAR. SO BECAUSE OF THE WAY YOUR CHARTER WORKS, YOU ARE ALLOWED TO SET A SPECIAL ELECTION. AND AS LONG AS THAT SPECIAL ELECTION IS WITH AT LEAST 90 DAYS AFTER THE INITIATIVE HAS BEEN CONFIRMED, THE INITIATIVE WAS CONFIRMED AS COMPLETE I BELIEVE SEPTEMBER 15TH. SO IF YOU SET IT FOR THE AUGUST ELECTION NEXT YEAR, YOU WOULD NOT INCUR ANY ADDITIONAL COST, AND YOU WOULD CERTAINLY BE MEETING YOUR CHARTER. SO IN SUM, THE COMMISSION WILL BE ABLE TO MAKE A DECISION TO EITHER SET IT FOR A SPECIAL ELECTION OUTSIDE OF A NORMAL ELECTION TIME THAT WOULD COST MONEY AND TIME AND ENERGY, OR YOU CAN DO A SPECIAL ELECTION AUGUST 18TH WITH THE PRIMARY. THAT WILL BE AT NO ADDITIONAL COST TO THE CITY. OR YOU CAN JUST STICK WITH THE NOVEMBER 3RD , 2026 GENERAL ELECTION NEXT YEAR. AND WHEN YOU'LL BE FACED WITH THIS IS AT THE NEXT MEETING, OCTOBER 2021, OCTOBER 21ST YOU WILL BE CONSIDERING THE ORDINANCE THAT THE INITIATIVE HAS BROUGHT FORWARD. AND IF YOU FAIL TO ADOPT THAT ORDINANCE WITH NO SUBSTANTIAL CHANGES, THEN THAT'S WHEN YOU WILL DETERMINE WHICH BALLOT IT GOES ON. SO WE'LL HAVE THE FIRST READING OF THE ORDINANCE ON OCTOBER 21ST.
DEPENDING ON HOW THAT GOES, I'VE SPOKEN WITH MISS BEST, AND SHE INTENDS TO PUT IT ON AN AGENDA FOR YOU TO PICK AN ELECTION.
WE'RE PLANNING ON HAVING THE CONTRACT FOR PAID PARKING ON
[02:45:03]
YOUR NOVEMBER 4TH, WHICH WOULD ALSO BE AFTER YOU'VE HAD TIME TO HAVE THE CONSIDERATION OF THAT INITIATIVE ORDINANCE. FIRST READING OF THE ORDINANCE FOR PAID PARKING IS, WE'RE PLANNING TO BRING FORWARD NOVEMBER. AND THEN THE SECOND READING OF THE ORDINANCE FOR PAID PARKING WOULD BE IN THE SECOND MEETING IN DECEMBER LIKELY. SO THAT'S THE TIMELINE AFTER YOU CONSIDER THE ORDINANCE AT YOUR NEXT MEETING. AND IF YOU HAVE ANY QUESTIONS,I'LL BE HAPPY TO ANSWER THEM. >> ANY QUESTIONS FOR MISS
[13. MAYOR/COMMISSIONER COMMENTS]
PRINCE? SEEING NONE, THANK YOU VERY MUCH. WE'LL GO TO MAYOR, COMMISSIONER COMMENTS. WE'LL START WITH COMMISSIONER POYNTER.>> YEAH. WITH THIS WHOLE PAID PARKING STUFF, I'VE BEEN PRETTY MALIGNED ON LOTS OF THINGS, AND SOME OF IT IS ON THE ETHICS. A COUPLE GENTLEMEN BROUGHT IT UP TONIGHT. IF MISS PRINCE, IF YOU WOULD, WOULD YOU ADDRESS THE FACT THAT SITTING COMMISSIONERS ARE REQUIRED TO VOTE ON ISSUES WHEN IT DOESN'T JUST AFFECT THEM? BUT IT AFFECTS ALL OF THE TOWN. IN OTHER WORDS, IF I WAS VOTING ON SOMETHING THAT I WAS ASKING FOR A ZONE CHANGE FOR MY PROPERTY, I WOULD HAVE TO RECUSE MYSELF. BUT WHEN YOU'RE VOTING ON ISSUES OF THE ENTIRE TOWN, WHEN WE'RE TALKING ABOUT IN MY CASE BUSINESSES DOWNTOWN AND I'M A TAXPAYER DOWNTOWN, SO THEREFORE WITH THE PAID PARKING AND NOT GOING FOR AN INCREASED PROPERTY TAXES AND TRYING TO DO THIS, IT'S NOT UNETHICAL FOR ME TO VOTE ON THAT BECAUSE IT IS NOT JUST EFFECTING ME. ALL THOSE DECISIONS ARE AFFECTING THE ENTIRE COMMUNITY, NOT JUST TIM POYNTER. AND IN THE PAST, I'VE HAD TO RECUSE MYSELF ON VERY FEW THINGS BECAUSE OF SPECIFIC BUSINESS THAT I HAVE. IN THIS CASE, I'M REQUIREED BY LAW TO VOTE ON THIS BECAUSE IT DOESN'T JUST EFFECT ME. OTHERWISE, NOBODY IN THE CITY WHO OWNS PROPERTY WOULD BE ABLE TO SIT ON THIS COMMISSION BECAUSE THIS COMMISSION IS VOTING ON MONETARY SITUATIONS THAT, YES, AFFECT THE BUSINESS OWNERS. BUT EVERYBODY ELSE WHO IS A BUSINESS OWNER. SO I JUST, IF YOU WOULD RESPOND TO THAT?
>> UH-HUH. YES. I MEAN, YOU DO HAVE TO VOTE ON ANYTHING THAT IMPACTS THE CITY. CITY COMMISSIONERS AND BOARD MEMBERS IN GENERAL ARE ONLY ALLOWED TO RECUSE THEMSELVES FOR CERTAIN REASONS. ONE CAN BE AN ECONOMIC BENEFIT, BUT THERE'S A VERY SPECIFIC TEST, AND IT WOULD HAVE TO BE AN ECONOMIC BENEFIT SPECIFIC TO YOU. AS YOU'RE STATING, YOU KNOW, THIS IS GENERALLY APPLIED. YOU KNOW, AN EXAMPLE, AN RHDC MEETING. THERE WAS ONE OF THE ARCHITECTS THAT WAS ON A PROJECT, HE WAS OUR BOARD MEMBER, AND HE WAS THE ARCHITECT FOR OUR PROJECT BEING CONSIDERED. SO HE WAS GETTING AN ECONOMIC BENEFIT FROM THAT. HE FILLED OUT THE FORM, RECUSED HIMSELF, AND STEPPED DOWN. SO IT IS VERY LIMITED REASONS THAT A COMMISSIONER CAN RECUSE THEMSELVES FROM A VOTE. AND AS LONG AS AS NONE OF THE CRITERIA IS MET, YOU ARE OBLIGATED TO VOTE.
>> THANK YOU. >> THANK YOU, MISS PRINCE. WOULD THAT HAVE APPLIED TO FORMER VICE MAYOR DAVID STURGIS AS WELL, THE CONFLICTS HE WAS PERCEIVED TO HAVE?
>> NOW YOU'RE ASKING SOMETHING. I WASN'T THE CITY ATTORNEY AT THE TIME. I THINK IT WOULD BE THE SAME LEGAL ANALYSIS. IT WOULD BE THE SAME LEGAL ANALYSIS. YOU WOULD BE REQUIRED TO VOTE UNLESS THE TEST SAID THAT YOU WERE GETTING A SPECIFIC
ECONOMIC BENEFIT. >> AND NO ONE ELSE WAS.
>> YOU FILL OUT A FORM, RECUSE YOURSELF, AND STEP DOWN. AND NOT
VOTE ON THAT PARTICULAR MATTER. >> THAT WAS IT.
>> THANK YOU, MISS PRINCE. ANYTHING ELSE?
>> NO. THAT'S IT. I'M GOOD FOR NOW.
>> COMMISSIONER MINSHEW? >> I HAVE SOMETHING.
>> TAKE IT AWAY. >> OKAY. I JUST GOT BACK FROM A TWO-WEEK VACATION DRIVING AROUND NORTH AND SOUTH CAROLINA, WHAT WE CALLED OUR FRIENDS AND FAMILY TOUR. IN EVERY CITY I VISITED, THERE WAS SOME FORM OF PAID PARK. AND EACH CITY SEEMED VIBRANT, BUSY, THERE WERE BARS, RESTAURANTS, RETAIL SHOPS, MUSEUMS, GOVERNMENT BUILDINGS WITH PEOPLE COMING IN AND OUT OF 'EM ALL DURING THE DAY. NOTHING HORRIBLE WAS HAPPENING. IT JUST SEEMED TO BE BUSINESS AS USUAL. AND WE WERE IN BIG TOWNS, SMALL TOWNS, BEACH TOWNS, MOUNTAIN TOWNS, AND LIFE WENT ON JUST FINE WITH PAID PARKING IN PLACE. SOME OF THOSE CITIES HAD PAID PARKING IN PLACE SINCE THE 1990S. BUT BACK HERE, IT WAS DIFFERENT. COMMISSIONER TUTEN AND I WERE OPENLY THREATENED ON
[02:50:02]
SOCIAL MEDIA WITH A COMMENT CALLED CON ARTISTS, BULLIES, AND AUTOGRAPHS. AND GUNS WERE INVENTED FOR THAT. OF COURSE, THAT COMMENT WAS MADE UNDER A MADE-UP NAME. SO THE POLICE GOT INVOLVED, AND THE MAN WHO MADE THAT COMMENT SAID HE WAS SORRY, AND THAT IT WAS A BIG MISTAKE. WELL, IT CERTAINLY WAS. BECAUSE I'VE ASKED THE POLICE TO REFER THIS TO THE STATE'S ATTORNEY'S OFFICE BECAUSE THESE TYPE OF THREATS AND FEAR MONGERING HAVE NO PLACE IN OUR COMMUNITY, AND I WILL NOT TOLERATE THEM. AND I DON'T THINK THAT ANY OF YOU WOULD EITHER. NOW I REALIZE THAT PEOPLE HAVE DECIDED THAT WE ARE REFUSING TO LISTEN TO OUR CONSTITUENTS. AND I WILL TELL YOU THAT IS NOT ACCURATE. I HAVE LISTENED TO EVERY ONE. I HAVE READ EVERY E-MAIL, AND I'VE RESPONDED BACK TO JUST ABOUT EVERYBODY. SOME SEVERAL TIMES.MOST OF THE E-MAILS ARE VERY HEARTFELT, AND PEOPLE ARE HONESTLY TRYING TO PROVIDE ALTERNATIVE OPTIONS FOR REVENUE GENERATION. UNFORTUNATELY, MOST OF THESE ARE EITHER NOT AVAILABLE TO THE CITY DUE TO STATE STATUTE, WOULD NOT GENERATE NECESSARY REVENUE, CONTINUE TO BURDEN OUR TAXPAYERS AND BUSINESS OWNERS, OR JUST NOT REALISTIC. ALL WE'RE REALLY TRYING TO DO HERE IS TO REPLACE FAILING INFRASTRUCTURE AND PROTECT OUR CITY FROM SEA RISE. AND THE ANSWER TO THAT IS NOT LET'S GO FORM A NEW COUNTY, WHICH WAS ONE OF THE OPTIONS.
THAT IS JUST A FOOL''S ERRAND. IF YOU WANT TO UNDERSTAND WHAT IS NEEDED BY DOWNTOWN REVITALIZATION OR BY THE WATERFRONT SEAWALL PROJECT, THEN ASK FOR A MEETING WITH THE DEPUTY CITY MANAGER. AND I KNOW BECAUSE HE'S PROMISEED ME HE WOULD DO IT, THAT HE WOULD WALK THROUGH WITH YOU ALL THE DETAILED INFORMATION, ENGINEERING DATA THAT WE'VE USED TO BUILD OUT OUR PLANS. NOT AYSCUE GENERATED DATA, BUT ACTUAL DATA BASED ON THE FACTS AND THE ANALYSIS FROM PROFESSIONAL ENGINEERING FIRMS. THE CURRENT PETITION PLAN IS FOCUSED ON A CITY-WIDE REFERENDUM, AND THE COMMUNITY IS GOING TO GET AN OPPORTUNITY TO VOTE IN 2026. BUT THAT IS NOT PREVENTING US FROM MOVING FORWARD WITH WHAT WE BELIEVE TO BE THE WAY FORWARD WITH PAID PARKING. THERE HAVE BEEN A LOT OF EFFORT INTO THIS PETITION DRIVE, AND I COMMEND THE ORGANIZERS FOR THEIR DILIGENCE, BUT WE ARE MOVING FORWARD WITH A PLAN TO GENERATE REVENUE FROM OTHERS THAN TAXPAYERS. YOU ELECTED ALL OF US TO MANAGE THIS CITY AND TO DO WHAT WE BELIEVE IS BEST. AND WHILE I TOLD YOU THAT I DIDN'T WANT PAID PARKING AND I STILL REALLY DON'T, I ALSO SAID I WOULD MAKE DECISIONS BASED ON FACTS AND DATA, AND THAT I WAS FOCUSED ON GENERATING NEW REVENUE FOR THIS CITY. AND THAT IS EXACTLY WHAT I AM DOING.
I'M ALSO VERY SORRY FOR ALL THE ANGER AND HATE THAT'S BEEN GENERATED BY THIS PROPOSAL. I HAVE LOST LOTS OF FRIENDS WHO I WILL NEVER BE ABLE TO SPEAK TO AGAIN. I BELIEVE THAT WE PROBABLY ALL HAVE. BUT I STILL STRONGLY BELIEVE THAT WE ARE ON THE RIGHT PATH. AND IF GIVEN A CHANCE TO SUCCEED, YOU WILL SEE THE BENEFITS OF NEW REVENUE STREAMS FOR THIS CITY. THANK
YOU. >> THANK YOU, COMMISSIONER. IS
THAT ALL YOU HAD? >> THAT'S ALL I GOT. THAT'S
PLENTY, DON'T YOU THINK? >> ABSOLUTELY. COMMISSIONER
TUTEN? >> I COULD SAY A LOT ABOUT PAID PARKING TOO, BUT I WON'T. YEAH. RECEIVING A THREAT WAS NOT PLEASANT. I THINK WE ARE INCREDIBLY LUCKY. OKAY. I AM SAYING SOMETHING ABOUT IT. I THINK WE'RE INCREDIBLY LUCKY TO LIVE IN THIS COUNTRY AND HAVE OUR FIRST AMENDMENT RIGHTS TO SAY WHAT WE WANT. FACT, FICTION, MISLEADING, TRUTH, HATE, KIND, ANYTHING. IT JUST CAN'T STEP INTO AN ACTUAL THREAT, AN ACTUAL NAMED THREAT, ESPECIALLY ONE INVOLVING A GUN. ALL RIGHT. NOW I'M ALL FLUSTERS AND CAN'T FIND MY COMMENTS. HOLD. ALL RIGHT. ON A LIGHTER NOTE, THE THREE OF US, I'M GOING TO SAY IT --
>> [LAUGHTER] >> THIRD TIME'S A CHARM.
>> ME AND THE MAYOR AND JEREMIAH HAVE AGREED TO BE AT MOCAMA THIS SATURDAY. THE HUMANE SOCIETY IS HAVING THEIR ANNUAL HUGE FUNDRAISER. IT USED TO BE CALLED PASTA FOR PAWS, BUT NOW IT'S
[02:55:03]
THE BARKTOBER FEST. WE'RE GOING TO BE IN A DUNK TANK.>> JEREMIAH TOO? I HATE THAT I'M GOIN' TO BE IN TAMPA.
>> LIVE MUSIC, FOOD, TONS OF KIDS ACTIVITIES. IF YOU'VE EVER BEEN TO THEIR PASTA FOR PAWS THAT THEY USED TO HAVE AT THE REC CENTER, JUST TONS AND TONS OF SILENT AUCTION ITEMS. THE GOLF COURSE IS ALSO HAVING AN OCTOBER FEST EVENT. YAGER SCHNITZEL MEANING THERE'S MUSHROOMS IN IT. IT IS BIRD MIGRATION SEASON. I CHECKED THE DATA BEFORE I CAME. THERE ARE APPROXIMATELY 400 MILLION BIRDS CROSSING OVER AMERICA TONIGHT.
THEY MIGRATE AT NIGHT. THEY ARE VERY DISTURBED BY LIGHTS. IF YOU CAN, TURN OFF ALL OUTSIDE LIGHTS YOU HAVE, AND EVEN WHEN YOU'RE SITTING INSIDE, PULL YOUR BLINDS SO THAT LIGHT DOESN'T ESCAPE.
THEY'RE VERY DISORIENTED BY LIGHTS HITTING WINDOWS AND GOING IN CIRCLES TO CAUTION. PARKS AND REC, AM I OVERSTEPPING YOU? PARKS AND REC HAS A CRAFT AND YARD SALE ON SATURDAY 10-2:00. I GOT A TOUR OF CAT'S ANGELS THE OTHER DAY WITH THE DIRECTOR.
THEY'RE ON 8TH. AMAZING. I'VE BEEN IN THE THRIFT STORE A TON, BUT I'VE NEVER BEEN IN TO SEE THE CATS AND ALL THEIR OUTDOOR CATIOS. IF YOU HAVE A PREGNANT CAT, THEY WILL SPAY AFTER THE, AFTER SHE DELIVERS, IT WILL SPAY MOMMA FOR FREE WITH A REDUCED PRICE FOR THE KITTENS. HUGE SHOUT OUT TO OUR FIRE CHIEF. I HAPPENED TO BE SPEAKING TO ONE OF OUR FIREFIGHTERS WHO JUST WENT ON AND ON AND ON WITH GLOWING, VERY DETAILED REPORTS ABOUT HOW GREAT OUR NEW FIRE CHIEF WAS. I HAD TO SHARE THAT WITH THE CITY MANAGER SARA CAMPBELL BECAUSE I ONE FOR ONE DEFINITELY HOUNDED HER ABOUT WHEN ARE WE HIRING? SHE KNEW OUR DEPUTY FIRE CHIEF WAS HANDLING IT JUST FINE, AND SHE WAS WAITING FOR THE RIGHT PERSON. SO IT WAS GREAT. I WAS AT THE COASTAL CLEANUP UNDER THE SHAVE BRIDGE. WE FOUND A BOAT THAT ACTUALLY THE, UH, THE EIGHT FLAGS JEEP HAD ALREADY FOUND.
WE'RE HOPING TO GET IT REMOVED. IT WAS A GREAT EVENT. UM, UH AND I GOT TO READ TWO PROCLAMATIONS. ONE FOR THE DAUGHTERS OF THE AMERICAN REVOLUTION AND THE NATIONAL SOCIETY OF COLONIAL DAMES 17TH CENTURY CHAPTER. AMAZING ORGANIZATIONS. WE HAVE SO MANY AMAZING GROUPS IN THIS CITY. IT'S REALLY, REALLY COOL.
I ALSO WAS AT THE CONCERT FOR CONVERSATION AT EGAN'S CREEK.
WE HAD A CREW FROM THE CITY THERE DOING A LOT OF EDUCATION ABOUT STORM WATER, AND IT WAS REALLY GREAT. THAT WAS IT.
SORRY. I KNOW IT'S LATE. >> WE'RE GOING TO PUT THE TIMER
ON. [LAUGHTER] >> VICE MAYOR, YOU HAVE THE
>> I GOT NOTHING, HE SAYS. >> I'LL ECHO THE THANK YOU TO THE $50,000 GOING TO THE PLAY STRUCTURE IN OUR NEW WATERFRONT PARK. JUST A COMMENT TO WHAT COMMISSIONER POYNTER SAID, I FIND IT FASCINATING THAT MY CHIROPRACTIC OFFICE WILL BENEFIT FROM PAID PARKING. WHEN YOUR NEWS IS COMING FROM FACEBOOK, MAYBE IT WOULD HELP TO COME TO THE COMMISSION CHAMBERS AND VIEW A MEETING. I WOULD LIKE TO SAY THANK YOU TO BABE RUTH AND THE COUNTY FOR THE COUNTY GRANT THAT ALLOWED THE CENTRAL PARK BATTING CAGES TO BE REVAMPED AND THE MATCH THAT BABE RUTH PROVIDED.
THAT'S A BEAUTIFUL EXAMPLE OF A PUBLIC-PRIVATE PARTNERSHIP. AND LASTLY, WE WANT TO CONGRATULATE BOB KELLAR ON HIS RETIREMENT.
LASTLY, ONE EVENT, OUR SPANISH HERITAGE FOOD FESTIVAL IS ALSO THIS WEEKEND. AFTER BARKTOBER FEST, WATCHING US GET DUNKED, GET GREAT
* This transcript was compiled from uncorrected Closed Captioning.