[1. CALL TO ORDER] [00:00:08] >>> I WOULD LIKE TO CALL THIS MEETING TO ORDER THIS THIS IS THE CITY OF THE FORT PIERCE COMMISSION MEETING IT IS JULY 18TH, 2022. PLEASE STAND FOR THE OPENING PRAYER BY PASTOR MARTIN AND REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. >>> FATHER WE ARE HERE THIS AFTERNOON AS WE COME MAY YOUR HOLY SPIRIT IN EVERYTHING WE ARE GOING THROUGH IN THE NAME OF JESUS WE PRAY FOR YOU. AMEN. >> I PLEJ ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD -- INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. CALL THE ROLL PLEASE. LIKE TO LET YOU KNOW COMMISSIONER JEREMIAH JOHNSON DID NOTIFY US HE WAS UNABLE TO MAKE THE TONIGHT'S. >> I MAKE A MOTION TO EXCUSE HIM. IS THERE A SECOND. >> SECOND. [5. APPROVAL OF MINUTES] >>> NEXT WE HAVE APPROVAL OF THE MINUTES OF JULY 5TH 2022 REGULAR MEETING. >> MOVE FOR APPROVAL. >> MOTION AND A SECOND. CALL THE ROLL PLEASE. [a. Recognition of Fort Pierce Youth Council Graduating Seniors: Lilly Crawford (Lincoln Park Academy), Grace Fee (John Carroll), and Lishonda Franklin (Fort Westwood)] RECOGNITION OF THE FORT PIERCE YOUTH COUNCIL GRADUATING SENIORS. WE HAVE MISS LILY CRAWFORD FROM LINCOLN PARK ACADEMY. AND MISS GRACE FEE AND SHOW PLAN DA FRANKLIN. >> WE VERY MUCH APPRECIATE THEIR ALL THE WORK THAT THEY DID. MISS FEE PLEASE STAND UP SO EVERYBODY KNOWS WHO YOU ARE. AND WE APPRECIATE YOU BEING HERE AND WHAT THE YOUTH COUNCIL DID THIS YEAR. WE WISH YOU SUCCESS IN YOUR CAREER BECAUSEU GRADUATING,? DO YOU HAVE ANYTHING YOU WANT TO SAY. >> I WANT TO THANK YOU ALL FOR THE AMAZING OPPORTUNITY THAT THIS HAS BEEN. I HAVE BEEN ON THE COUNCIL SINCE MARCH 2020 SO VERY MUCH THE MAJORITY OF HIGH SCHOOL. WHILE WE WHILE COVID DID AFFECT A LOT OF THE THINGS WE DID AS A YOUTH COUNCIL IT OVERALL WAS AN AMAZING OPPORTUNITY. I'M JUST SO GRATEFUL TO HAVE THE OPPORTUNITY TO SEARCH THE CITY OF FORT PIERCE AND LOOKING FORWARD TO COMING BACK. >> WE THANK YOU FOR WHAT YOU HAVE DONE FOR THE CITY OF FORT PIERCE. THANK YOU. GOOD LUCK IN YOUR CAREER. >> GRACE IF YOU WANT TO STEP IN FRONT WE WILL TAKE A PICTURE WITH YOU AND ALL THE COMMISSIONERS. >> GOOD IDEA. >> THERE WERE MORE MEMBERS PART OF THE COUNCIL BUT THEY WERE NOT ALL ABLE TO MAKE IT. >> JUST THAT AS EVERYONE KNOWS, I'M AN ADVOCATE FOR YOUTH SO IT MIGHT BE OUTSIDE OF ORDER BUT, -- MIGHT BE OUT OF ORDER BUT THE YOUTH MIGHT BE OUR FUTURE. IF I CAN JUST ASK EVERYBODY TO GIVE HER A HAND JUST BECAUSE SHE DID -- APPLAUSE. >> THANK YOU VERY MUCH. YOU ARE EXACTLY RIGHT. WE WANT THEM TO COME BACK TO FORT PIERCE, TOO. OKAY. [8. ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA] WE'LL MOVE ON. >>> ALL RIGHT NEXT WE HAVE ASHES OR DELETIONS TO THE AGENDA AND APPROVAL OF THE AGENDA. MAYOR, IF I MAY I WOULD LIKE TO ASK THAT WE PULL ITEM 13A THE RESOLUTION ESTABLISHING THE POLLING PLACES. I HAVE NOT YET RECEIVED THAT INFORMATION FROM THE SUPERVISOR OF ELECTIONS SO I STILL HAVE TIME TO GET IT ON THE NEXT MEETING AGENDA THAT WAY WE WILL KNOW EXACTLY WHERE THE POLLING PLACES ARE. >> GREAT. ANY OTHER CHANGES, ANY OTHER ASHES? >> MAYOR, I MOVE THAT WE SET THE AGENDA AS MENDED. >> SECOND. >> THERE'S A MOTION AND A SECOND. [a. Presentation by St. Lucie County on Tax Abatement Referendum.] [00:05:05] >> WE HAD NO ONE SIGN UP FOR COMMENTS FROM THE PUBLIC. WE WILL MOVE ON TO MISCELLANEOUS REPORTS. WE HAVE -- TAX ABATEMENT. >> WE WANT TO TALK ABOUT BOTH THE CITY OF FORT SERIOUS AND ST. LUCIE COUNTY ARE EMBARKING ON FOR THE UPCOMING AUGUST PRIMARY ELECTION. >> WELCOME. >> GOOD AFTERNOON, MADAM MAYOR, MEMBERS OF THE COMMISSION. THANK YOU SO MUCH FOR HAVING ME HERE TODAY AND PUTTING ME AT THE FRONT OF THE AGENDA, I REALLY VERY MUCH APPRECIATIVE OF THAT. THANKS OF COURSE TO NICK AND CHEYENE FOR FACILITATING AND COORDINATING GETTING US ON THE AGENDA. WITH ME TONIGHT PETETASH FROM THE ECONOMIC DEVELOPMENT COUNCIL AND PRESIDENT MARINE SALTSER WE'VE BEEN WORKING TOGETHER LIKE SO MANY OF THE GREAT THINGS WE DO IN ST. LUCIE COUNTY WITH OUR CITY PARTNERS IS A PARTNERSHIP. THIS CERTAINLY THE UPCOMING BALLOT INITIATIVE THAT THE ECONOMIC DEVELOPMENT TAX ABATEMENT INITIATIVE ON THE AUGUST PRIMARY IS VERY MUCH AKIND TO THAT THAT PARTNERSHIP WHERE WE HAVE ALL WORKED TOGETHER. WE HAVE A GREAT AUDIENCE HERE TONIGHT FOR THIS. THIS IS A ROOM FULL OF REGISTERED VOTERS. I'M GOING TO GUESS. >> AND INTERESTED CITIZENS. GOOD CITIZENS. >> SO THIS IS JUST A LITTLE BIT OF EDUCATION IT'S JUST A REAL BRIEF PRESENTATION. AND IT IS ABOUT YOU KNOW SOMETHING THAT THIS COMMISSION, THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF PORT ST. LUCIE AND ECONOMIC DEVELOPMENT COUNCIL ALL OF OUR PARTNERS HAVE BEEN FOCUSED ON FOR MANY YEARS IN ST. LUCIE COUNTY IS BROADENING THE TAX BASE. BRINGING HIGHER PAYING JOBS, BRINGING GOOD QUALITY JOBS WITH MANUFACTURING BUSINESSES AND A LOT OF THAT IS TO YOU KNOW SORT OF AMELIORATE THE AFFECTS OF WHAT WE'RE USED TO WHICH WAS SORT OF THE THREE LEGGED STOOL OF THE AG ECONOMY, TOURISM, AND THEN THE CONSTRUCTION INDUSTRY AND THOSE INDUSTRIES WERE VERY MUCH SUSCEPTIBLE TO MASSIVE CHANGES AND UPS AND DOWNS. SO WE HAVE WORKED REALLY HARD OVER THE YEARS AS YOU KNOW TO BROADEN THE TAX BASE OF THIS COUNTY. WE'RE HAVING SOME GOOD SUCCESS. ALTHOUGH I'M SURE THAT MANY OF YOU HAVE PROBABLY HEARD BY NOW ABOUT TROPICANA YOU KNOW POTENTIALLY YOU KNOW SEESING THEIR CITRUS -- CEASING THEIR CITRUS OPERATIONS. THOSE ARE IMPORTANT INDUSTRIES BUT THAT WE HAVE BROADER INDUSTRIES. SO WHAT IS TAX ABATEMENT. FOR THE COUNTY LIKE IT IS FOR THE CITY IT IS SIMPLY ABATING FOR UP TO 10 YEARS THE AD VALORU TAXES TO NEW BUSINESSES THAT QUALIFY AS WELL AS EXISTING BUSINESSES THAT ARE ALREADY HERE THAT QUALIFY THEY'RE TYPICALLY TARGETED INDUSTRIES AND THEY ARE HIRING AND PAYING AT A BETTER THAN AVERAGE WAGE PAYING HIGH WAGE. WE HAVE A PICTURE HERE OF ONE OF OUR BOAT MANUFACTURERS AND MAVERICK ARE VERY GOOD EXAMPLES OF THAT. SO ONE OF THE REASONS THAT WE'RE SUCCESSFUL IS BECAUSE OF THE INCENTIVES THAT WE OFFER AND CERTAINLY TAX ABATEMENT IS ONE OF THEM. IT'S IMPORTANT TO REMEMBER IT IS A PERFORMANCE-BASED INCENTIVE. YOU HAVE TO COME TO FORT PIERCE, YOU HAVE TO COME TO ST. LUCIE COUNTY YOU HAVE TO MAKE THE INVESTMENT AND YOU HAVE TO BUY THE EQUIPMENT AND THEN ONCE IT IS DEMONSTRATED TO THE COUNTY SATISFACTION, THE CITY SATISFACTION, AND WITH THE ASSISTANCE OF THE PROPERTY APPRAISERS AND THE TAX COLLECTOR THAT THAT INVESTMENT HAS BEEN MADE AND THAT EQUIPMENT HAS BEEN BOUGHT AND THOSE JOBS HAVE BEEN CREATED THEN THE COMPANY IS ELIGIBLE FOR THE TAX ABATEMENT BUT NOT BEFORE. SO, AGAIN, IT'S NOT AN UP FRONT THIS IS A PURELY PERFORMANCE-BASED INCENTIVE. AND IT'S WORKING. WE HAVE SOME REALLY GOOD EXAMPLES. WE HAVE SOME REALLY GOOD EXAMPLES IN FORT PIERCE, WE HAVE REALLY GOOD EXAMPLES IN THE COUNTY AND IN PORT ST. LUCIE. CERTAINLY THE TWO THAT WE RECOMMEND LIKE TO TALK ABOUT A LOT IS PURSUIT ANDKAPP MAVERICK UP ON ST. LUCIE BOULVARD. BILLING INVESTMENTS. ACTUALLY BROUGHT OUT BY MALIBU BOAT COMPANY BOTH HAVE MADE SUBSTANTIAL INVESTMENTS IN OUR COUNTY AND OUR AREA AND PROVIDING REALLY GOOD HIGH PAYING JOBS. I WAS OUT I DON'T KNOW IF YOU HAD AN OPPORTUNITY TO TOUR THE NEW PURSUIT FACILITY BUT THEY ARE [00:10:04] BUILDING SOME BEAUTIFUL BOATS. THEY CAN'T MAKE THEM FAST ENOUGH. AND THEY PAY GREAT JOBS. CERTAINLY EXPERT SHUDDERS WHY -- SHUTTERS SO THE NET AFFECT IS THAT THESE BUSINESSES HAVE CREATED HUNDREDS AND HUNDREDS OF NEW JOBS AND RETAINED HUNDREDS OF JOBS AND MADE SUBSTANTIAL INVESTMENT IN THE COUNTY. WHAT'S IMPORTANT ABOUT THE TAX ABATEMENT IS IN ADDITION TO BEING TEMPORARY AND IT'S ONLY ON WHAT IN THE COUNTY WE CALL THE GENERAL FUND. IT'S ONLY ON THAT, THAT SLICE IF YOU GET YOUR TRIM NOTICE IT'S KIND OF THE TWO LINES RIGHT AT THE TOP. ALL THE REST OF THE TAXING DISTRICTS STILL GET THEIR TAXES. SO THEY'RE STILL PAYING TAXES, THEY'RE STILL PAYING TAXES TO THE SCHOOL DISTRICT, TO THE MOSQUITO CONTROL DISTRICT, TO THE FIRE DISTRICT, LAW ENFORCEMENT, MOSQUITO CONTROL, THE CHILDREN'S SERVICES COUNCIL AND ALL OF THE OTHER LINE ITEMS THAT ARE ON YOUR TAX BILL. SO THEY'RE STILL PAYING TAXES. WHAT THE COUNTY IS DOING, YOU KNOW, IS FOR THAT INVESTMENT THE COUNTY IS FOREGOING THAT AMOUNT OF TAXES THAT THEY WOULD OTHERWISE COLLECT. SO IT'S NOT A GIVEAWAY IT'S JUST FOREGOING THAT TAX BUT THEY ARE STILL PAYING TAXES TO ALL THOSE OTHER ENTITIES. IT'S AN IMPORTANT INCENTIVE. IT'S ONE OF OUR INCENTIVES IN OUR TOOLBOX. WE DO IN ADDITION TO TAX ABATEMENT WE DO IMPACT FEED CREDITS FOR IMPROVEMENTS TO THE INFRASTRUCTURE. WE DO JOB GROWTH INVESTMENT GRANTS. AND THE COUNTY DOES THAT BOTH IN THE UNINCORPORATED COUNTY AND IN THE CITY OF FORT PIECE AND IN THE CITY OF PORT ST. LUCIE. SO, THAT IS KIND OF THE EXTENT OF IT. IT IS ON THE BALLOT ON THE 23RD . THOSE BALLOTS ARE BEING MAILED OUT BY THE SUPERVISOR NOW. MANY OF YOU MAY HAVE ALREADY RECEIVED THEM. EARLY VOTING STARTS I BELIEVE ON THE 13TH. IS WHAT THE LANGUAGE WILL LOOK LIKE. SHALL THE BOARD OF COUNTY COMMISSIONERS BE AUTHORIZED TO PROPERTY TAX INCENTIVE TO NEW BUSINESSES AND EXPANSION OF EXISTING BUSINESS THAT ARE EXPECTED TO CREATE NEW FULL-TIME JOBS IN THE COUNTY. WITH THAT, I AM HAPPY TO ANSWER ANY QUESTIONS. >> DO YOU KNOW WHERE IT IS ON THE BALLOT. IS IT -- >> WE'RE USUALLY -- LEFT. >> USUALLY LEFT. >> THANK YOU. ANY QUESTIONS BY ANY COMMISSIONERS? THIS HAVE TO IT'S REALLY IMPORTANT TO UNDERSTAND THAT THEY HAVE PROVE AND MEET CERTAIN CRITERIA. THIS IS NOT SOMETHING THAT THEY PROMISE THEN THEY HAVE TO DELIVER? >> YEAH, IN FACT, WE HAVE A COMPANY THAT HAD RECEIVED OUR TAX ABATEMENT AND BECAUSE OF SUPPLY CHAIN FACTORS JUST WEREN'T ABLE TO DO ALL OF THE THINGS THAT THEY SAID THEY WERE ABLE TO DO AND THEY DID NOT RECEIVE THEIR JOB GROWTH INVESTMENT GRANTS FOR THIS YEAR. THEY COULDN'T DEMONSTRATE THAT THEY HAD MET THE CRITERIA. WE ARE OUT THERE MAKING SURE THAT THEY ARE DOING WHAT THEY ARE SAYING THEY'RE GOING TO DO. I THINK IN THIS ECONOMY, NORMALLY IT WOULDN'T BE AN ISSUE BUT AGAIN I THINK SOME OF THE SUPPLY CHAIN ISSUES HAVE CAUSED SOME OF OUR BUSINESSES, SOME REALLY ISSUES FOR SURE. >> AND THE BUSINESSES YOU SAID THIS HAS MADE A DIFFERENCE WITH THE INCENTIVES? >> WE COMPETE ON NOT ONLY A STATEWIDE BUT WE COMPETE NATIONWIDE FOR A LOT OF THESE BUSINESSES. YOU JUST HAVE TO BE ABLE TO HAVE SOME OF THESE THINGS. WHAT THEY DO, ESPECIALLY FOR YOU KNOW FOR THE TAX ABATEMENT, IT HELPS WITH SOME OF THEIR UP FRONT DEVELOPMENT COSTS. EVEN THOUGH IT MAY BE THE SECOND YEAR AFTER THEY START A BUSINESS THAT THEY WOULD GET THE TAX ABATEMENT. YOU KNOW IT DOES HELP THEM IN OFFSETTING SOME OF THEIR UP FRONT COST FOR THEIR NEW INVESTMENT. >> AND THEIR PLANNING COSTS. ANY QUESTIONS? ANY COMMENTS? THANK YOU VERY MUCH AUGUST 23RD LOOK FOR IT ON THE BALLOT. >> THANK YOU. THANK YOU FOR BEING HERE. I THINK WE HAVE ANOTHER YOUTH COUNCILMEMBER HERE, RIGHT? >> WE DO. >> PLEASE COME FORWARD AND INTRODUCE YOURSELF. SO EVERYBODY KNOWS WHO YOU ARE AND THAT WE ARE VERY GRATEFUL TO YOU. RIGHT THERE. >> HI MY NAME IS LILLY CRAWFORD I AM ANOTHER MEMBER OF YOCO YOUTH COUNCIL FOR FORT PIERCE. I'M JUST GLAD TO BE HERE AND I CANTENING IT Y'ALL ENOUGH FOR EVERYTHING HAVE YOU SUPPORTED US WITH THIS YEAR I HAVE REALLY BEEN HONORED TO SERVE. >> YOU'RE GRADUATING THIS YEAR, RIGHT? >> SO WE'RE LOSING YOU BUT WE HOPE YOU COME BACK. >> YES, MA'AM, ALWAYS. THANK YOU VERY MUCH. [APPLAUSE] LET'S DO THE PICTURE AGAIN. [b. Fort Pierce Utilities Authority update - Javier Cisneros, Director of Utilities] [00:15:13] >> OKAY. >> NEXT ITEM ON THE AGENDA IS THE FORT PIERCE UTILITIES AUTHORITY UPDATE WITH MR. JAFFER CYSTIC FIBROSIS. >> YES WE RECEIVED -- J XAVIER CYSTIC FIBROSIS AND HE IS GOING TO GIVE WELCOME. MR. CISNEROS. >> I'M HERE TO PROVIDE AN UPDATE ON HOW FUEL PRICES ARE AFFECTING OUR COMMUNITY THIS EXTREMELY VOLATILE ISSUE IS AFFECTING ALL ASPECTS OF OUR LIVES. AS YOU CAN SEE EVERY DAY WHEN WE FILL UP OUR CARS WITH GAS THE COST OF FUEL HAS JUMPED UP SIGNIFICANTLY IN THE PAST FEW MONTHS. AS YOU KNOW THE POWER PLANTS THAT GENERATE ELECTRICITY WE TOO ARE SUBJECT TO THE SAME FLUCTUATIONS. IN FACT ALL UTILITIES IN THE U.S. ARE IMPACTED BY THESE HIGHER FUEL COSTS. THE PRICE BUT NONE LIKE FLORIDA. OVER 75% OF THE POWER GENERATED IN FLORIDA USES NATURAL GAS AS A FUEL SOURCE. THE PRICE OF FUEL GOES UP AS A DIRECT RESULT THE COST OF PROVIDING POWER UNFORTUNATELY GOES UP AS WELL. I'M ACCOMPANIED BY THE GENERAL MANAGER AND C.E.O. FOR THE FLORIDA MUNICIPAL POWER AGENCY FMPA. HIS PRESENTATION WILL HIGHLIGHT HOW WE HAVE WORKED DILIGENTLY AS A JOINT ACTION AGENCY TO MITIGATE THESE COSTS NOW INTO THE FUTURE. WE WILL SHOW HOW THEY HAVE COMMUNICATED WITH OUR CUSTOMERS THIS INFORMATION WAS DEVELOPED ONCE THE P.C.A. WAS APPROVED BY THE BOARD THIS HAS BEEN A TEAM EFFORT WITH RACHEL TAKING THE LEAD AND THE TEAM HAS DONE A FANTASTIC LEAD. BEFORE I TURN IT OVER TO JACOB AND RACHEL I LIKE TO MENTION WE HAVE BEEN HERE BEFORE. THROUGH 08 AND 2011 FUEL PRICES ARE HIGHER THAN THEY ARE NOW AND IT AFFECTED THE P.C.A. POWER COST ADJUSTMENT FOR ALL THE FLORIDA MUNICIPAL UTILITIES FOR NEARLY FOUR YEARS. ON A POSITIVE NOTE THIS APPEARS TO -- THERE APPEARS TO BE SOME RELATIVELY GOOD NEWS ON THE HORIZON BECAUSE PRICES ARE STARTING TO SUBSIDE A BIT. WE BELIEVE WE CAN LOWER THE FUEL COSTS HEADED INTO THE FALL. FPUA IS UNIQUE TO MANY MUNICIPALITIES IN FLORIDA WE CAN REVISIT THE POWER COST ADJUSTMENT EVERY MONTH. THIS GIVES US FLEXIBLE IN MOMENTS LIKE THIS WHEN THE PRICEOFF NATURAL GAS IS FLUCTUATING SO WE ARE NOT LOCKED INTO A P.C.A. FOR A FULL QUARTER OR LONGER. FUEL PRICES HAVE COME DOWN AND THE BOARD WILL BE ABLE TO APPROVE A PARTIAL REDUCTION AT THE BOARD MEETING TOMORROW. THE BOARD ASK STAFF ARE VERY SENSITIVE TO THE NEEDS OF OUR COMMUNITY. WE UNDERSTAND THE CONCERNS AND THE IMPACT THIS IS HAVING ON THEIR LIVES. WE WILL CONTINUE TO MANAGE THIS NATIONAL ISSUE WITH GREAT CARE AND THE HIGHEST ATTENTION TO DETAIL FOR OUR COMMUNITY. NEXT I WOULD LIKE TO TURN IT OVER TO JACOB TO TALK ABOUT THE ELECTRIC INDUSTRY AND NATURAL FUEL GAS PRICES. >> WELCOME MR. WILLIAMS. >> THANK YOU VERY MUCH, MAYOR HUDSON, AND COMMISSIONERS. WE'VE BEEN ASKED TO GO AROUND THERE ARE 31 CITIES THAT ARE MEMBERS OF FMPA WE HAVE MET WITH MANY OF THE CITIES JUST LIKE THIS TO EXPLAIN IT'S A DIFFICULT TIME. ENERGY PRICES ARE UP, THEY'RE IMPACTING FAMILIES. TYPICAL FAMILY IN FLORIDA IS PROBABLY PAYING $4,000 MORE FOR GASOLINE AND ELECTRICITY THAN THEY DID A YEAR AGO. UNFORTUNATELY, IT IS A GLOBAL AND NATIONAL PROBLEM. FLORIDA IS ON THE BIT OF THE TIP OF THE SPHERE FROM THE ELECTRIC SIDE WHICH I'LL GET INTO. THIS IS SOMETHING WELL BEYOND THE STATE OF FLORIDA BOUNDARY. WE PRODUCE NO NATURAL GAS AND OIL IN THE STATE AND ALL THE PRICING COMES FROM ABOVE. FUNDAMENTALLY WHAT'S OCCURRED IS THE GLOBAL AND NATIONAL ENERGY SUPPLIES HAVE NOT KEPT UP WITH DEMAND POST COVID. DEMAND HAS COME BACK STRONG THE PRODUCTION HAS NOT. I WOULD SUGGEST TO YOU THAT IN THE UNITED STATES IT IS A SELF-INFLICTED PROBLEM. SELF-INFLICTED IN THAT IF YOU WANT TO GO TO WAR AGAINST FOSSIL FUELS THE FOSSIL FUEL INDUSTRY HAS NOT RESPONDED IN THIS CURRENT ENDEAVOR. WE HAVE NOT LEASED THE AMOUNT OF NEW WELLS THAT NEED TO BE LEASED IN THE WESTERN UNITED STATES. FEDERAL GOVERNMENT OWNS MOST OF THE LAND IN THE WEST AND GULF OF MEXICO AND ALASKA YOU NEED TO LEASE MORE PROPERTIES SO THAT CAN BE [00:20:01] PRODUCED. THERE IN THE EASTERN PART OF THE U.S. WHICH AFFECTS US DIRECTLY HERE WILL HAVE BEEN SEVERAL MAJOR NATURAL GAS PIPELINES WHICH HAVE BEEN BLOCKED BY FEDERAL JUDGES. WE NEED THAT NATURAL GAS TO FREE UP SUPPLY TO BRING INTO THESE AREAS AND THOSE HAVE BEEN BLOCKED OVER THE LAST TWO YEARS. SO IT IS A -- IT IS VERY MUCH A SELF-INFLIKED PROBLEM WE HAVE THE RESOURCE TO PROVIDE AFFORDABLE ENERGY FOR EVERYONE IN THIS COUNTRY AND FRANKLY TO SUPPLY THE WORLD BUT WE HAVE TO HAVE THE POLITICAL WILL TO GO GET IT. THAT'S ONE MESSAGE THAT I'LL LEAVE WITH. PRICES ARE UP 100% TO 260% OVER A YEAR AGO. GASOLINE SIMPLY DOUBLE WHAT IT WAS. NATURAL GAS WAS UP 300% OVER A YEAR AGO BEFORE IT CAME DOWN RECENTLY. UNFORTUNATELY, ENERGY PRICE ESCALATIONS DRIVES INFLATION. IF YOU GO BACK TO THE 70S DURING THE HIGHEST INFLATION PERIODS PREVIOUSLY IT WAS ALL DRIVEN BY AGAIN ENERGY. THE SAME STORY HERE BECAUSE EVERYTHING WE EAT, EVERYTHING WE GET AT THE GROCERY STORE IS TRANSPORTED MANY TIMES OVER BY YOU KNOW -- FROM THE MIDWEST. YOU'RE IN THE FIELD FIVE DIFFERENT TIMES BEFORE YOU ACTUALLY HARVEST THE CROPS. SO ENERGY DRIVES THAT. ENERGY DRIVES EVERY PRODUCT THAT YOU'RE HERE. SO, THE CHALLENGE BEFORE US NOT ONLY ARE FAMILIES PAYING $FOUR THO MORE THEY'RE PAYING A SIMILAR AMOUNT OR MORE FOR FOOD AND GROCERIES THAN A YEAR AGO. IN SOME PLACES RENT IS STARTING TO ESCALATE SO IT IS A CHALLENGE AND WE UNDERSTAND IT. THE ELECTRIC BILLS IN FLORIDA ARE UP 15% TO 40% OVER A YEAR AGO. IT DEPENDS ON WHERE YOU'RE AT AND ALL THAT. BUT THE BIG POINT TAKE AWAY FLORIDA IS THE MOST EXPOSED TO NATURAL GAS PRICES IN THE COUNTRY. WE HAVE MORE GENERATION TIED TO NATURAL GAS THAN ANY OTHER STATE OF ANY SIZE. SO, THE 75% OF OUR ENERGY AS NATURAL PRICE PRICES GOES SO DOES OUR ELECTRIC PRICES. IT DOESN'T MATTER MATTER IF YOU ARE FPUA OR F.P.L. OR ALL OF RUSS IN THE SAME BOAT BECAUSE THE STATE IS VERY DEPENDENT ON NATURAL GAS JUST LIKE THIS. THIS CHART HAS A FEW LINES ON IT. IT STARTS WITH WHATEVER THE ENERGY PRICES WERE ON JANUARY 1ST -- JANUARY, 2021 AND SHOWS YOU THE CHANGE IN THE VARIOUS PRICES OF THE ENERGY COMMODITIES. YOU WILL NOTICE ALL OF THEM ARE UP AT LEAST TWO WHICH IS 100% INCREASE, AND GLOBALLY, UNFORTUNATELY, THEY'RE UP YOU KNOW 500%, 600%. IF YOU LOOK AT THE RED DOTTED LINE AND THE RED SOLID LINE THERE WILL ILLUSTRATE THE DILEMMA THAT WE HAVE IN THE UNITED STATES AND ESPECIALLY THE DILEMMA WE HAVE FOR ELECTRICITY PRODUCTION AND THE COST IN FLORIDA. THE RED LINE, THE SOLID RED LINE IS THE U.S. NATURAL GAS PRICES. WHICH MORE THAN TRIPLED OVER THAT PERIOD OF TIME AND IT'S COME OFF RECENTLY. BUT, IN EUROPE, THE PRICE OF NATURAL GAS WENT UP BY 600% AND IT WAS MOVING UP LAST YEAR WELL BEFORE THE UKRAINIAN CONFLICT THEN IT OBVIOUSLY ESCALATED ABOVE THAT. THE POINT OF THIS IS U.S. NATURAL GAS PRICES ARE CALL IT $7 THEY'RE UP TO $7.45 TODAY, $7.50 TODAY. THE WORLD IS PAYING $40 A MILLION B.T.U. FOR THAT SAME COMMODITY. SO THE WORLD, EUROPE, AND ASIA ARE TRYING TO EXPORT AS UP OF THAT PRODUCT OUT OF THE UNITED STATES AS THEY CAN AND NOW 12% OF OUR GAS LEAVES THE COUNTRY AND GOES INTO THE WORLD MARKET. THE WORLD IS STARVED FOR ENERGY BECAUSE OF THE EVENTS GOING ON. SO THE OTHER, IF YOU LOOK AT THE OTHER TWO LINES. LOOK AT THE GREEN LINES. THE U.S. COAL PRICE IS UP SIGNIFICANTLY. THE REASON THE U.S. COAL PRICE IS UP SIGNIFICANTLY BECAUSE THE WORLD IS PAYING $300 A TON FOR COAL WE USED TO PRODUCE AT $30 TO $60 AND NOW OUR PRICES HAVE DRIVEN UP TO $150 TO $200 BECAUSE THE WORLD IS SHORT THAT. BECAUSE WHEN YOU CUT RUSSIA OFF RUBIA WAS ALSO THE COAL SUPPLIER TO -- RUSSIA WAS ALSO THE COAL SUPPLIER TO EUROPE A LITTLE SECRET THAT'S OUGHT THERE. SO ALL THE BUMPER IN THE ENERGY SITUATION THAT WE'VE LIVED WITH FROM THE 19 70S TO TODAY THE BIGGEST BUMPER OUT THERE WAS WHENEVER GAS AND OIL PRICES GOT HIGH COAL GENERATION WOULD PICK UP AND HELP OFFSET. THIS TIME WE'VE CLOSED A THIRD OF OUR COAL PLANTS IN THE COUNTRY AND THERE'S NO EXTRA COAL TO RUN OUR PLANTS SO GAS IS THE ONLY RESOURCE. ONE OF THE CHALLENGES THAT WE HAVE IS ESSENTIALLY [00:25:01] NATURAL GAS THE ELECTRIC UTILITIES PAY WHATEVER THE PRICE IS BECAUSE THAT'S OUR ONLY SOURCE TO MAKE INCREMENTAL POWER IN THIS COUNTRY. SO THAT'S PART OF THE CHALLENGE AND AGAIN WE NEED TO HAVE GLOBAL ENERGY. GO TO THE NEXT SLIDE. THE PRICES ARE EXTREMELY VOLATILE. THIS CHART SHOWS THE PRICES THE RED LINE SHOWS YOU THE FORWARD PRICES FOR NATURAL GAS BACK IN JUNE AND THEN A MONTH LATER IN JULY. SO, WHEN THE BIG RATE INCREASE WAS DISCUSSED THE BIG FUEL ADJUSTMENT WAS DISCUSSED THAT WAS IN THE DOWNTIME PERIOD, UNFORTUNATELY, GAS WAS AT $9 THAT'S WHAT WE'RE PAYING FOR THE MONTH OF JUNE. IT HAS COME OFF NOW TO WHERE WE'RE IN THE $6 TO $7 RANGE AND THEREFORE, YOU KNOW, THOSE THAT YOU WILL GET FOR JULY WHICH YOU WILL GET IN EARLY AUGUST WILL BE LOWER THAT WILL ALLOW THE UTILITY TO REDUCE THE FUEL ADJUSTMENT A BIT. ANOTHER THING TO LOOK AT THAT CHART IS TO NOTICE THAT THE PRICE A YEAR OUT STARTING APRIL OF 2023, IF YOU LOOK AT HOW THE EARTH DROPS OFF WHAT THAT HAS DONE IS CREATED AN OPPORTUNITY THAT THE MEMBERS OF FMPA TAX ADVANTAGE OF THEY WANTED TO LOCK IN SECURE PREDICTABLE PRICES AT CALL IT THE 10 CENTS A KILOWATT RANGE WHICH IS WHAT THE BOARD AUTHORIZED TO DO BOTH LAST MONTH AND THEN AGAIN THIS MONTH TO TRY TO BRING STABILITY AND PREDICTABILITY TO THE PRICES. SO THAT WAS A WISE MOVE. LET ME GO ONTO THE NEXT SLIDE. THIS ALL CREPT UP ON US RATHER RAPIDLY. BACK IN MAY OF LAST YEAR WE SET THE BUDGET FOR OUR FISCAL YEAR FROM OCTOBER THROUGH SEPTEMBER, BASES THE RED LINE. THAT WAS GOING TO BE THE NATURAL GAS THAT'S WHAT IT WAS AT THAT TIME. WHAT ACTUALLY HAPPENED IS THE BLUE LINE WHICH IS MORE THAN DOUBLE AND THAT'S WHAT'S LED TO THESE PRICE INCREASES THAT WE'VE HAD TO MANAGE THROUGH. A LITTLE BIT ABOUT WHY THE U.S. IS ESSENTIALLY SELF-INFLICTED PROBLEM. TWO CHARTS WILL SHOW YOU THIS. THE RED LINE ON THIS CHART SHOWS YOU THE GAS PRODUCTION THE NATURAL GAS PRODUCTION IN THE UNITED STATES ON A MONTHLY BASIS. IF YOU LOOK IN LATE 2019 YOU WILL NOTICE GAS PRODUCTION WAS AT A HIGH LEVEL. AND THEN OBVIOUSLY COVID HIT AND GOING FORWARD. WE ARE ONLY BACK TO THE 2019 LEVELS FOR NATURAL GAS PRODUCTION EVEN THOUGH OUR DEMAND FOR NATURAL GAS IS UP 3% OVER WHAT IT WAS BACK THEN. SO WE'RE NOT PRODUCING TO THE LEVELS THAT WE NEED TO AND THE PRICE SIGNALS SAY WE SHOULD PRODUCE MORE. BUT WE'RE NOT AND THERE ARE REASONS WE'RE NOT. IF YOU GO TO THE NEXT SLIDE, THE PRIMARY REASON WE ARE NOT IS BECAUSE WE'RE NOT DRILLING FOR ENOUGH GAS AND OIL. YOU HAVE TO DRILL NEW WELLS EVERY FIVE TO SEVEN YEARS TO KEEP UP IN THIS COUNTRY WITH THE NEEDS FOR NATURAL GAS AND OIL. THE RED LINE IS HOW MANY RIGS ARE IN THE FIELD IN THE UNITED STATES DRILLING FOR OIL AND GAS. IF YOU NOTICE THE BIG DROP DURING COVID WE'RE ONLY 70% OF THE RIGS THAT WERE IN THE 2019 PERIOD. SO WE'RE NOT DRILLING ENOUGH TO KEEP UP. PART OF THAT AGAIN IS BECAUSE IF YOU'RE NOT GOING TO LEASE LANDS IN THE WEST THE GAS AND OIL COMPANIES PART OF THEIR SUPPLY THEY DON'T HAVE A PLACE TO GO DRILL. IN THE EASTERN U.S. IF YOU DON'T PUT PIPELINES IN THE GROUND GAS AND OIL COMPANIES WILL NOT PUT WELLS IN TO A PLACE THEY CANNOT GET THE GAS AND OIL OUT OF THOSE REGIONS. SO IN THE EASTERN U.S. IN OHIO PENNSYLVANIA, WEST VIRGINIA, THEY'RE PRODUCING 40 PER OF OUR NATURAL GAS IN OUR COUNTRY TODAY COMES FROM THERE. 10 YEARS AGO IT DIDN'T EXIST. THE PROBLEM IS THEY NEED MORE PIPELINES AND THE JUDGES ARE NOT ALLOWING THOSE PIPELINES TO BE PUT IN PLACE. SO, THE COMPANIES AREN'T PUTTING MORE WELLS IN THE GROUND. WE CAN DO IT AND BE VERY LOW COST BUT WE'RE NOT. NEXT SLIDE PLEASE. THE OTHER ISSUE AND I HEARD THIS DISCUSSED EARLIER AND IT'S THE THING WE'RE GOING ON HAVE TO WRESTLE WITH IS THE DIFFERENCE BETWEEN NATURAL GAS AND OIL. WE SAY IT'S ALL THE SAME WELL, ACTUALLY IT'S DIFFERENT IN THERE'S GOING TO BE DIFFERENT REACTIONS. IF YOU LOOK AT NATURAL GAS CONSUMPTION IN THE UNITED STATES, THAT PIE CHART, MOST OF THE NATURAL GAS CONSUMPTION IN THE UNITED STATES FOR POWER AND INDUSTRY IT DOES NOT MATTER WHAT THE PRICE OF NATURAL GAS IS WE WILL PAY IT. BECAUSE THAT'S OUR ONLY WAY TO EITHER MAKE PRODUCT OR MAKE ELECTRICITY. THE LAST PIECE IS FOR HOME HEATING WHICH OF COURSE THIS TIME OF YEAR DOESN'T MATTER. YOU GO TO THE OIL CHART, ON THE OTHER SIDE, TWO-THIRDS OF THE USE OF OIL IS TO TRANSPORT OR TO DRIVE AROUND. WELL, AT $4, $4.50 $5 [00:30:05] GASOLINE BEHAVIOR FOR DRIVING HAS CHANGED, OKAY. BUT AT HIGH GAS PRICES NOTHING HAS CHANGED FOR NATURAL GAS DEMAND. SO YOU CAN SEE WHERE PRICES BUT NATURAL GAS HASN'T COME DOWN ANYWHERE NEAR THAT. SO THAT'S A CHALLENGE WE HAVE TO DEAL WITH. LAST COUPLE PIECES HERE TO WRAP UP IF WE CAN JUMP FORWARD. IN THE NATURAL GAS INDUSTRY WE STORE GAS IN THE SUMMER TO PULL IT OUT IN THE WINTER DURING THE HEATING SEASON FOR THE NORTH. THIS CHART SHOWS THAT YOU OUR STORAGE THE BLACK LINE IS WELL BELOW THE FIVE YEAR AVERAGE THAT IS PART OF THE REASON WE ARE USING MORE GAS AND NOT PRODUCING ENOUGH TO KEEP UP AND THAT IS WHAT'S DRIVING THESE THINGS UP. AGAIN, YOU KNOW WE ARE LIVING THROUGH THIS GENERATION'S ENERGY CRISIS NOT UNLIKE THE 1970S. IN 1970S OPEC WITH THE OIL IN THIS CASE THE UNITED STATES ISN'T PRODUCING WHAT IT CAN PRODUCE. SO, WHAT ARE WE DOING ABOUT IT? A FEW THINGS AT FMPA THAT AFFECTS ALL OF OUR MEMBER CITIES INCLUDING Y'ALL. OVER THE LAST SEVERAL YEARS WE'VE BEEN SAVING $24 MILLION TO $36 MILLION A YEAR BY HAVING HIGHLY AVAILABLE UNITS LIKE THE TREASURE COAST UNIT WHICH IS NATIONAL CALIBER IN TERMS OF AVAILABILITY WHICH LOWERS OUR COST. WE'VE DONE A NUMBER OF THINGS TO BUY AS MUCH GAS AS WE CAN AT A DISCOUNT SAVING ABOUT $12 A YEAR NOW THAT THOSE GOES INTO AFFECT. WE'RE SELLING ABOUT, SELLING ALL OUR EXTRA POWER AGAIN LOWERING EVERYBODY'S COST BY AROUND $12 MILLION A YEAR. AND DOING SOME DEBT REFINANCING. SO THAT'S BEEN GREAT. THE PROBLEM IS THIS YEAR'S COST INCREASE AND NATURAL GAS IS $130 MILLION INCREASE. SO THE $24 MILLION TO $32 MILLION DOESN'T OFFSET THAT AND THAT'S THE CHALLENGE BEFORE US. WHERE DO WE GO FROM THERE? NEXT SLIDE PLEASE. HERE IS THE PRICE PROJECTION THIS IS IN DOLLARS PER MEGA WATT HOUR I'LL MAKE IT SIMPLE FOR YOU. IF YOU LOOK AT THE JUNE PRICE $115 JUST THINK OF IT $11.5 CENTS AN HOUR JUST MOVE THE DECIMAL POINT OVER. FOR THE MONTH OF MAY AND JUNE, YOU KNOW, 11.5 CENTS KILOWATT PRICING WE'RE LOOKING AT IN JULY AND HOPEFULLY IN AUGUST STAYING UNDER THE 10 CENTS A KILOWATT HOUR PRICE POINT. THAT'S THE CHALLENGE BEFORE US AND WE'RE TRYING TO MANAGE THAT. RELEASE SOME GOOD STEPS BEING TAKEN ALONG THAT -- THERE'S SOME GOOD STEPS BEING TAKEN ALONG THAT LINE. THE FIRST THING THE BOARD DID WAS ENSURE THAT STARTING APRIL OF NEXT YEAR, AND APRIL THE FOLLOWING YEAR, THAT WE LOCKED IN MEANINGFUL AMOUNTS OF GAS AT ESSENTIALLY 10 CENTS A KILOWATT HOUR OR LESS PRICING. SO THE BOARD IS AUTHORIZING IF WE HAD NOT DONE THAT WE WOULD NOW LIKE TO DO THE SAME THING IN THE NEAR TERM IF WE GET THE OPPORTUNITY TO DO THAT. JUST THE LAST SLIDE UP. THIS SHOWS YOU WHAT THE NATURAL GAS PRICES WOULD BE AND WHAT THE POWER PRICE WOULD BE. SO THE BOARD THIS LAST WEEK AUTHORIZED US TO LOCK IN GAS IN THE NEAR TERM AT $6.40. BASICALLY $100 A MEGAWATT HOUR PRICING TO OR 10 CENTS A KILOWATT TO TRY TO BRING THINGS DOWN. BACK IN JULY WE WERE STARING AT $133 MEGAWATT PRICING AT THE PEAK OF THE GAS PRICE FOR THE MONTH OF JUNE I SHOULD SAY OR 13 CENTS A KILOWATT HOUR, UNFORTUNATELY -- FORTUNATELY WE MADE SOME ADJUSTMENTS THE BOARD AUTHORIZED US TO MAKE SOME ADJUSTMENTS TO KEEP COSTS AT $115 LEVEL. SO -- THEN THE LAST SLIDE JUST TO GIVE YOU AN IDEA OF HOW VOLATILE THE PRICES ARE. THIS SHOWS YOU WHAT THE PRICES WERE THE FIRST OF MARCH, IN RED, FIRST OF APRIL, FIRST OF MAY, THAT'S THE GREA LINE. JUNE PRICES GOT UP AS HIGH AS $9.5 MILLION BTU NOW FELL OFF SO WE'RE TRYING TO MANAGE IT. IT IS A VERY VOLATILE MARKETPLACE THAT WE HAVE NO CONTROL OVER. SO IN SUMMARY, WE'RE MANAGING IT THE BOARD IS MAKING SOME VERY GOOD DECISIONS TO TRY TO BRING PRICE STABILITY AND PREDICTABILITY TO THE MEMBER CITIES. ALL THE CITIES WANT THAT. THAT'S A VERY REASONABLE THING TO DO. EVERY UTILITY HAS THIS GOING ON IT'S NOT JUST YOUR PROBLEM IT'S ALL OVER THE STATE. FRANKLY, ALL OVER THE SOUTHEAST. [00:35:01] SO WITH THAT I'LL TAKE ANY QUESTIONS YOU MIGHT HAVE. >> QUESTIONS? >> START RIGHT OFF, I STARTED TO CRINGE WHEN YOU START TALKING ABOUT GOING OUT AND BUYING GAS FOR NEXT YEAR AND THE YEAR AFTER. I THINK THAT'S -- I CAN UNDERSTAND IT AND I SUPPORT IT BUT THAT'S HOW WE GOT IN TROUBLE IN 2008. BUT THEY WENT OUT TOO FAR AND YOU KNOW THE BOARD DID. IT SEEMS LIKE THERE MIGHT HAVE BEEN ENOUGH CHANGE ON YOUR BOARD, NOBODY REMEMBERS, THAT, WE JUST MOVED ON IT WITH. BUT IT IS A SENSIBLE MOVE. I'M GOING TO TELL YOU THAT PERSONALLY I THINK THAT PROBABLY WAS ONE OF THE MOST DIFFICULT THINGS YOU CAN DO. BACK IN 2008, THEY WENT OUT WHAT FIVE OR SIX YEARS. >> FIVE YEARS FOR MORE THAN ALL THE REQUIREMENTS. >> MORE THAN ALL THE REQUIREMENTS. THAT'S WHAT WE ENDED UP HAVING TO RAISE POWER COST ADJUSTMENT I WAS ON THE UTILITY BOARD AT THE TIME IT WAS VERY PAINFUL FOR FOUR YEARS. ALL OUR MEMBER CITIES HAD TO CONTRIBUTE TO THAT TO GET IT OVER WITH. THIS ISN'T ANYTHING LIKE THIS. THIS IS NOW SAYING, TO ME, UNDERSTANDING THAT YOU'RE IN A MULTIBILLION DOLLAR BUSINESS WHERE YOU ARE CREATING A SERVICE TO THE COMMUNITIES THAT ALL THE COMMUNITIES IN FLORIDA AND YOU HAVE TO DO IT. I MEAN YOU JUST HAVE TO HAVE POWER. YOU JUST DO THIS IS WHAT WE DO. >> RIGHT. >> AND IT'S IMPOSSIBLE TO FORECAST. IT IS JUST IMPOSSIBLE FORECAST. FORT PIERCE UTILITIES WERE IN FRONT OF US FOR WATER ISSUES EARLIER ON IN THE YEAR THINGS SEEMED LIKE EVERYTHING WAS GOING FINE THEN ALL OF A SUDDEN AFTER THAT GOT APPROVED TO BE ABLE TO MAKE GRAND CHANGES IN OUR OWN COMMUNITY THEN ALL OF A SUDDEN GAS PRICES, NATURAL GAS PRICES GO UP. SO I UNDERSTAND THAT AND I JUST WANT TO SAY YOUR BOARD DID THE RIGHT THING, I THINK, AS FAR AS GOING FORWARD AT LEAST FOR THE NEXT YEAR OR TWO. I'M HAPPY THEY STOPPED WITH YEAR NUMBER 2024 AND I'M SURE THEY'RE ALWAYS LOOKING IN THAT CRYSTAL BALL AND MAKING SURE. WHAT THAT DOES IS LEVELS OUT AND GUARANTEES THAT WE ARE NOT GOING TO BE IN THIS FEAR OF HAVING A HIGH SPIKE IN NATURAL GAS. MAYBE YOU CAN HELP US I THINK EVERYBODY AT HOME IS THINKING WOW, THAT'S BECAUSE WE'RE PART OF THE FMPA HOW DOES THIS COMPARE WITH THE IOUS LIKE THE INVESTOR OWNED UTILITIES LIKE FPNL, AND DUKE ALL THE REST OF THEM? >> GREAT QUESTION. FPL IS ALMOST IN ALMOST AN IDENTICAL SITUATION. BY SUPREME COURT FIAT THEY CAN'T HEDGE GAS SO THEY HAVE TO RIDE THIS CURVE UP AND DOWN LIKE WE ARE. NOW WHAT THEY'VE DONE THEY'RE ABOUT READY TO MAKE A FILING TO GO FOR A MID-YEAR ADJUSTMENT AND THAT FILING IS GOING TO BE BIG. IT'S NOT BEEN MADE YET AT THE PFC THEY CAN HOLD FUNDS. DUKE THEY'RE ALL GETTING READY TO MAKE MID-YEAR FILINGS TO INCREASE THEIR COSTS JUST LIKE THE CITIES ARE. THEY HAVE TO GO THROUGH THE WHOLE COMMISSION PRO-- PROCESS. IF YOU ARE MUNICIPAL IT CAN BE BROUGHT BEFORE YOUR UTILITY BOARD OR YOUR CITY GOVERNMENT AND YOU CAN MAKE THOSE ADJUSTMENTS ON THE FLY. THEY HAVE TO DO IT IN A DIFFERENT WAY. BUT THEY'RE ALL DOING THAT. I'VE TALKED TO THEIR LEADERSHIP AND THEY'RE ALL IN THE MIDDLE OF MAKING YOU KNOW GETTING READY TO MAKE THOSE FILINGS. SO WE'RE NOT ALONE. >> SO THAT'S BASICALLY TO MAKE UP FOR THEIR COST INCREASE OF POWER? >> THAT'S RIGHT. THAT'S RIGHT. >> WHAT REALLY BOTHERS ME I THINK PERSONALLY, IS TO KNOW, I REMEMBER YEARS AND YEARS AGO FOLKS TALKING ABOUT THE UNITED STATES WE WERE THE SAUDI ARABIA OF NATURAL GAS. WE'VE GOT IT ALL RIGHT HERE WE'RE GOING TO BE ONE OF THE WEALTHIEST COUNTRIES ON THE PLANET NOT ONLY FROM OUR INDUSTRY AND EVERYTHING ELSE BUT BECAUSE WE HAVE THIS NATURAL RESOURCE THAT'S THERE. SITTING BELOW US, NOT HERE IN FLORIDA BUT IN THE UNITED STATES IT'S SITTING BELOW US IT'S JUST IT'S A POLITICAL ISSUE MOVING FORWARD IS TAP INTO IT GIVE RELIEF TO THE FOLKS IN THE UNITED STATES AND MOVE FORWARD. I GOT A FEELING THAT'S WHERE WE REALLY NEED TO YOU KNOW FOCUS OR EFFORTS AND MOVE THAT WAY INTO THAT POLITICAL ISSUE. >> IT HAS BEEN SHOCKING THAT AS GASOLINE MOVED TO $4 A GALLON AND THAT THE STRENGTH OF THE CURRENT EXECUTIVE BRANCH TO SAY THIS IS A NECESSARY PAIN TO GET TO A NEW GREEN ECONOMY. IT IS SHOCKING THAT THAT WAS THE LINE THAT CONTINUED. AT SOME POINT IT'S COSTING FAMILIES TOO MUCH. YET, IT IS WITHIN OUR CONTROL WITHIN THIS COUNTRY. IT IS OUR LEADERSHIP THAT IS LIMITING WHAT WE DO RIGHT NOW. [00:40:01] WE COULD HAVE AFFORDABLE ENERGY IF WE HAVE THE POLITICAL WILL TO GO GET IT. >> SO, IN MY FINAL COMMENT OR QUESTION, SO THE TAKE AWAY FROM THIS HOMEOWNER YOU'RE LOOKING AT THESE RISING COSTS NOT ONLY IN AS YOU SAY NOT ONLY IN UTILITY ENERGY, BUT ALSO FOOD AND EVERYTHING ELSE YOU NEED IN YOUR LIFE, THAT FMPA IS MAKING MOVES TO AT LEAST BLEND OUT THE NEXT COUPLE OF YEARS RIGHT NOW TO BE ABLE TO MAKE THAT A LITTLE BIT MORE REASONABLE AS FAR AS GOING FORWARD. BECAUSE WITHOUT THAT FOLKS CAN ALL OF A SUDDEN FIND THEMSELVES IN A BIGGER PROBLEM BECAUSE, YOU KNOW, YOU CAN CUT DOWN ON WHAT YOU EAT YOU CAN CUT DOWN ON A LOT OF THINGS BUT YOU CAN'T CUT DOWN ON AIR CONDITIONING. >> I WENT DOWN AND TURNED MY OWN THERMOSTAT UP TO 78. MY WIFE IS SO UPSET WITH ME. [LAUGHTER] I SAID JUST THERE'S A CEILING FAN IN THE LIVING ROOM GO SIT THERE AND READ YOUR BOOK. BUT THAT'S WHAT WE'RE ALL HAVING TO DO. WE'RE ALL HAVING TO TAKE A LOOK AT WAYS THAT WE CAN MINIMIZE THE USE OF UTILITIES KNOWING THE FACT THAT THIS IS MORE THAN LIKELY NOT A LONG-TERM PROBLEM, COULD ONE GIVE A CERTAIN BETTER THAN 50% CHANCE THAT THIS IS NOT A LONG-TERM PROBLEM? >> IT DEPENDS ON YOUR DEFINITION OF LONG TERM. IF WE DON'T MAKE CHANGES IN D.C. IN TERMS OF PHILOSOPHY THIS CAN BE A PROBLEM THAT GOES ON FOR SEVERAL YEARS. >> OH, WOW. >> ONLY BECAUSE WE'VE GOT TO GO GET MORE NATURAL GAS AND OIL. IF WE DON'T MAKE THOSE CHANGES, YOU KNOW, -- THE OTHER THING COMMISSIONER PERONA WHICH YOU POINT OUT WHICH IS UNIQUE TO FLORIDA, FLORIDA HAS THE HIGHEST AMOUNT OF FIXED AND LOW INCOME POPULATION AS A PERCENTAGE IN THE UNITED STATES. ALL OUR RETIREES PLUS, THE NATURAL AMOUNT OF LOW INCOME. SO THOSE FAMILIES CANNOT TAKE THE BUDGET CHANGES THAT YOU TALK ABOUT. WE RECOGNIZE THAT. SO WE RAISE UP THE FLORIDA WE NEED PREDICTABILITY WE NEED STABLE PRICES. OUR BOARD MEMBERS, INCLUDING JAFFER HAVE MADE IT VERY CLEAR WE -- JAVIER HAVE MADE IT CLEAR. IT'S A REASONABLE AMOUNT FOR REASONABLE PERIOD OF TIME. BASICALLY THROUGH THE NEXT PRESIDENTIAL ELECTION CYCLE AND THEN WE'LL SEE WHAT HAPPENS. >> SOUNDS GOOD TO ME. THANK YOU. >> SO, ONE OF THE THINGS THAT'S IN ADDITION TO THE CRISIS THAT WE'RE IN, AND OUR FAMILIES ARE IN, IS FROM FPUA STANDPOINT WE HAD, WE WERE WORKING TOWARD BEING, WE WERE COMPETITIVE AND WE HAD WORKED SO HARD TO GET THERE. TO HAVE THIS HAPPEN TO US AND SO IT'S ALMOST LIKE BACK TO 2008, IS REALLY AND IT'S BEYOND OUR DOING. WE DIDN'T DO THIS TO OURSELVES, WE DID NOT DO THIS TO OURSELVE [LAUGHTER] AND THERE ARE THINGS WE CAN ALL DO TO BE MORE CONSCIOUS. I ALSO LEARNED SOMETHING THIS WEEK THAT I HAD NOT THOUGHT ABOUT. BECAUSE WE CONVERTED TO NATURAL GAS WE'VE REDUCED CARBON EMISSION, IRONICALLY, NATURAL GAS IS A CLEAN ENERGY SOURCE AND WE'VE REDUCED EMISSIONS AND INSTEAD OF GETTING REWARDED FOR THAT NOW WE'RE TOTALLY DEPENDENT ON IT BECAUSE IT'S CLEAN AND CHEAP AND GREEN AND IT'S JUST A VERY CRUEL JOKE THAT HAS BEEN PLAYED ON US AND OUR OUR POPULATION. IT'S VERY PAINFUL AND IT WAS VERY PAINFUL FOR OUR BOARD TO HEAR THAT AND IT COULDN'T HAPPEN AT A WORSE TIME. WHAT OUR PLAN HAS BEEN IS TRY TO KEEP THE PRICES LOW IN THE SUMMER AND MANAGE IT ON A YEAR LONG BASIS AND NOT INCREASE THEM IN THE WINTER. BUT NOT TAKE AS MANY CUTS IN THE WINTER BECAUSE WE DON'T USE, WE'RE OPPOSITE OF THE REST OF THE COUNTRY. WE USE OUR ENERGY THE MOST IN THE HOT MONTHS. SO, IT REALLY IS IN 75% OF THE NATURAL GAS POWERS OUR ELECTRICITY. SO, OUR OPTION WAS -- SO IF WE DIDN'T RAISE THE PCA THEN [00:45:07] WE COULDN'T PAY OUR BILL THEN OUR WHOLE COMPANY, OUR WHOLE COMPANY IS WITHOUT ELECTRICITY, RIGHT? SO BECAUSE MANY PEOPLE DON'T KNOW, THEY THINK ABOUT GASOLINE AT THE PUMP WHEN THEY FILL UP THEIR CAR BUT THEY DON'T WALK AROUND THINKING ABOUT NATURAL GAS AND WHAT IT DOES. NATURAL GAS IS THE SOURCE OF OUR LUCK CITY IN THIS STATE. AND UNFORTUNATELY, IT'S OUR ONLY SOURCE ALMOST. >> THAT IS CORRECT. I'M RESTATING WHAT YOU SAID. >> NATURAL GAS IS THE REASON THAT THE AIR QUALITY AND SO MANY THINGS HAVE GOTTEN SO MUCH BETTER, ESPECIALLY HERE. NATURAL GAS GENERATION THE KEY TO IT. WE LIVED OFF OF GREAT PRICES FOR THE LAST SIX, EIGHT YEARS UNTIL A YEAR AND A HALF AGO. AND THAT IS THE CRUEL JOKE YET IF YOU WANT TO MEET YOUR CLIMATE INITIATIVES YOU NEED MORE NATURAL GAS NOT LESS. SO AT THE NATIONAL LEVEL WE NEED THAT FUEL FOR DECADES TO COME. YEAH WE CAN DO GREEN THINGS BUT GREEN IS NOT READY FOR PRIME TIME AT A COST EFFECTIVE NUMBER GO. ASK THE FOLKS IN TEXAS AS THEY ALMOST BLACKED OUT HOW THAT WORKS OUT WHEN IT'S REALLY HOT AND THE WIND DOESN'T FLOW. >> THAT'S WHAT WE LEARNED IS THAT EVERYBODY WANTS TO GET TO THAT GREEN NET ZERO WHATEVER YOUR DEFINITION IS BUT YOU HAVE TO HAVE A BALANCE -- THE TECHNOLOGY IS NOT THERE. SOLAR IS NOT READY FOR PRIME TIME ALL ANOTHER SOURCES ARE NOT READY FOR PRIME TIME SO YOU HAVE TO BALANCE WHAT YOU DO AND HOW YOU PLAN. >> THAT'S RIGHT. >> YES, SIR. >> SO I WANTS TO FOCUS IN ON SOME OF THE SOLUTIONS RIGHT. I HEAR ALL OF THIS BUT LISTENING TO THIS ARE PEOPLE THAT HAD A BIG POWER COST ADJUSTMENT LAST WEEK ON THEIR UTILITY BILLS. WE CERTAINLY HAVE ALL HEARD AND RECEIVED THOSE COMMENTS FROM A LOCAL PERSPECTIVE. I APPRECIATE YOU COMING IN AND SHARING THIS AND SO, IT IS ALARMING IN THIS COUNTRY AND IN PARTICULAR IN THIS SITUATION WE'RE DOWN TO REALLY ONE SOURCE HERE. I KNOW WE'RE LOOKING AT SOME OTHER GREEN TECHNOLOGIES. WE'RE NOT READY FOR PRIME TIME I HEAR ALL THAT. I'LL BE HAPPY WITH QUARTER TIME RIGHT NOW FOR ANYTHING OUT THERE THAT CAN HELP OFFSET SOME OF THIS. LET ME JUST MAKE SURE I HEARD WHAT YOU JUST SHARED. WE ARE LOOKING AT SOME SPECULATION WHERE WE'RE ANTICIPATING BUYING UP SOME ACTUAL NATURAL GAS AHEAD OF THAT NUMBER OF CURVE. WE WILL WIN IF PRICES DON'T GO IF IT GOES UP BEYOND WHATEVER WE BUY LET'S SAY WE BOUGHT AT $5 OR $6 OR WHATEVER. IF IT'S OKAY IF IT STAYS IN THAT RANGE. IF IT GOES BEYOND THAT ONTO DEMAND HOW DOES THAT IMPACT US? BECAUSE THAT'S KIND OF WHERE WE ARE NOW. >> WHAT THE DECISION WAS MADE IS TO LOCK IN SO THAT YOU DON'T HAVE TO WORRY ABOUT WHAT THE PRICE IS FOR THE AMOUNT OF GAS WE'RE DONE. WE HAVE BOUGHT IT AND IT'S NOT GOING ANY HIGHER. 50% OF THE GAS STARTING NEXT SPRING IS LOCKED IN AT A PRICE. $6 A MILLION BTU RIGHT THERE. SO YOU DON'T HAVE TO WORRY OH IF THE CHART GOES WAY UP YOU GO I DON'T CARE FOR THAT 50% I'M LOCKED IN NOW THERE'S 50% THAT'S NOT. BUT THAT WAS A START. WE DON'T WANT TO LOCK IN WE DON'T WANT TO GO BACK AND CREATE THE PROBLEM WHERE YOU BOUGHT ALL YOUR GAS AND ALL OF A SUDDEN THINGS GO BUT THEY LOCKED IN ENOUGH TO DO THAT AND THE NEXT YEAR IT WAS 25%. IF WE GET A DROP IN THE MARKET BETWEEN NOW THE PRICE HAS UNFORTUNATELY MOVED UP NOT DOWN SO WE'RE WAITING. WE WANT TO BRING LOWER PRICES WE WANT TO BE ABLE TO LOCK IN AT LOWER PRICES. 23, 24. WE DON'T HAVE ANY GAS LOCKED IN BETWEEN NOW AND THE END OF MARCH 23 WE HAVE NO GAS LOCKED IN. >> SO IT'S THAT PART RIGHT THERE. SO WE ARE LOOKING AT THIS SO THE PEOPLE THAT'S WATCHING THIS THAT SAW THEIR BILLS SPIKE I MEAN THERE'S NO CRYSTAL BALL RIGHT NOW TO SAY WHAT THESE GAS PRICES ARE AND WHAT ARE WE DOING TO ENSURE THAT THEY'RE AWESOME BUFFERS BECAUSE THIS IS HARD HIT AND MY FELLOW COMMISSIONERS BROUGHT THIS EARLIER. WE HAD THIS WONDERFUL WATER RECLAMATION PROJECT WE JUST LAUNCHED ON TOP OF THAT THIS. SO IT'S A TOUGH PILL HERE IN FORT PIERCE BUT FPUA SO HELP ME UNDERSTAND THAT. WHAT I REALLY HEAR YOU [00:50:03] SAYING BETWEEN NOW. WE ARE IN A POSITION IF THE PRICES GET TO THE POINT WE WILL LOCK THEM UP THAT DAY. THAT HOUR. IT WILL GET DONE. WE HAVE THE ORDERS TO DO IT. JUST RIGHT NOW WE WOULD LOCK IN WE DON'T WANT TO LOCK THAT IN. IF IT GOES DOWN TO $100 THE BOARD HAS SAID LOCK IT IN. THAT'S WHAT WE'RE ACTIVELY DOING. WE SEE IT ALL OF US WATCH IT HAPPEN EVERY DAY. RACHEL IS GOING TO TALK ABOUT WHAT OUR OWN PARTICULAR PLAN IS IS THAT CORRECT? YOU WANT TO CHIME IN HERE. I THINK I'LL WAIT. THANK YOU VERY MUCH. WHO'S NEXT IS IT YOU? >> OKAY. THANK YOU MAYOR HUDSON. I AM GOING TO TALK NOW JUST KIND OF SWITCH GEARS A LITTLE BIT ABOUT FPUA'S COMMUNICATIONS SURROUNDING RISING UTILITY COSTS FOR SOME OF THE THINGS THAT WE JUST HEART ABOUT NOW AND OF COURSE THE PLANNED INCREASES SO WE HAVE THESE TWO. THIS SORT OF DOUBLE AFFECT HAPPENING RIGHT NOW WHERE WE HAD PLANNED INCREASES FOR AS COMMISSIONER JOHNSON MENTIONED. AND AMI WE KNEW THAT WAS COMING. THIS IS SOMETHING THAT WE BROUGHT TO THE COMMISSION AND TO THE BOARD WE VOTED ON AND WE IT WAS PLANNED THEN OF COURSE ALSO THE UNPLANNED PCA. JUST TO REITERATE WHEN WE'RE TALKING ABOUT RISING UTILITY COSTS AND THE COMMUNICATION SURROUNDING THEM WE ARE TALKING ABOUT BOTH OF THOSE THINGS. SO THE FIRST OF TWO RATE ADJUSTMENTS THAT WERE APPROVED FOR THE FRF UTILITY EXPANSION TOOK AFFECT IN JULY, 2022 AND IMPACTED ALL FOUR UTILITY SERVICES. AT THE SAME TIME, WE HAD AN UNPLANNED EMERGENCY POWER COST ADJUSTMENT WHICH BROUGHT OUR PCA TO $59 THAT ALSO TOOK AFFECT IN JULY OF 2022. THIS SOMETHING THAT IS UNIQUE TO FPUA. THROUGHOUT THE STATE OF FLORIDA WITHIN THEIR COMMUNITIES. TO SAY JULY 22ND, THE PUBLIC AFFAIRS INSISTING OUR TEAM MET WITH THE CUSTOMER SERVICE DEPARTMENT TO FOR OUR COMMUNITY THE THINKING HERE IS THAT OUR CUSTOMER SERVICE REPRESENTATIVES ARE THE ONES THAT ARE MOST REGULARLY REGULARLY COMMUNICATING WITH OUR CUSTOMERS SO WE CAN DEVELOP OUR COMMUNICATIONS FROM WHAT WE ANTICIPATE THOSE QUESTIONS TO BE. THE LEADERSHIP MET AS WELL TO DISCUSS OVERALL NATURAL GAS SO WE'RE GOING AT THIS FROM TWO DIFFERENT ANGLES WHICH YOU WILL SEE WITH THE MATERIALS THAT WE PRODUCED. AGAIN JUNE 24TH. WITH ALL EXEMPT STAFF SO WE HAD OUR OWN SORT OF INTERNAL GUINEA BIGS. AGAIN TO MAKE SURE EVERYONE IS ON THE SAME PASSAGE ABOUT WHAT WE HAVE AND WHAT WE'RE SAYING JULY 1ST WE LAUNCH THE PACKETS. THESE ARE CUSTOMERS THAT WE WERE GIVING OUT AND ALSO E-MAIL PACKETS SO THAT WHEN CUSTOMER SERVICE REPS ARE RECEIVING PHONE CALLS WERE AND NOW WE'RE HERE. [00:55:03] THIS IS THE PACK THEAT WE DEVELOPED. I'M REALLY GOING TO BRIEFLY TOUCH ON MOST OF THE ITEMS I DO WANTS TO FOCUS MOST HEAVILY ON THE COMBINED UTILITY BILL FLIER. THIS IS SOMETHING THAT HAS COME UP FOR FPUA FOR MANY YEARS AT THIS POINT. FROM MR. CISNEROS THE UTILITY DIRECTOR A BILL INSERT THAT'S GOING OUT WITH EVERY WHEN YOU RECEIVE A PHYSICAL BILL IN THE MAIL WE ALSO RECEIVE THIS BILL INSERT WHICH SAYS WHY IS MY ELECTRIC BILL HIGHER. THAT COMES ELECTRICITY IN YOUR HOME. THIS IS A GRAPHIC COMBINED UTILITY ALSO SPEND MOST OF THE TIME TALKING WITH YOU TODAY. WE ALSO HAVE IN THE BACKET RESOURCES AVAILABLE TO ASSIST FPUA CUSTOMERS WITH UTILITY PAYMENTS THIS IS PART OF A LARGER INITIATIVE WE'RE ALSO LOOKING AT OUR PROGRAM PROJECT CARE GENERALLY WITHIN FPUA TO MAKE SURE THAT THESE PROGRAMS ARE AS STRONG AND AND FORTIFIED AS POSSIBLE TO PROVIDE THE ASSISTANCE THAT WE CAN. WE ALSO HAVE A BUDGET BILLING BROCHURE INFORMATION ABOUT BUDGET BILLING TO STABILIZE BILLS. WATER CONSERVATION BOOKLET AND AN THIS IS THE UTILITY DIRECTOR HIGHLIGHTS IT INTRODUCES THERE CISNEROS IN THE NEW ROLE AS OUR UTILITY DIRECTOR. COMMITS TO OPEN COMMUNICATION WE DO HIGHLIGHT THE RELOCATION INFLATION PCA AND THE LOCKED IN RATES THAT ARE COMING IN AT LEAST IN THE SPRING OF 2023. THE BILL INSERT IS MODELLED AFTER MATERIALS HELPED TO PUT TOGETHER IT NAMES NATURAL GAS PRICES AS A NATIONWIDE ISSUE SO THAT AS A COMMUNITY WE CAN UNDERSTAND THIS IS NOT SOMETHING THAT IS IT VERY POINTEDLY STATES DOES NOT PROFIT FROM THE SALE OF ELECTRICITY OR ANY UTILITY SERVICE THIS IS SOMETHING WE ARE SEEING COMING UP IN FACEBOOK AND IN COMMENTS THROUGHOUT KIND OF FREQUENTLY. MAKE SURE IT IS THAT MUNICIPAL ENTITY WE DO NOT PROFIT. ANY INCREASES THAT ARE HAPPENING HERE BUT OF COURSE COMMITTING TO REGULARLY REVISITING THE PCA THIS IS SOMETHING WE'RE WORKING ON MESSAGING. IS NOT SOMETHING TO TAKE FOR GRANTED THIS IS SOMETHING THAT IS RELATIVELY UNIQUE THERE ARE OTHER UTILITIES BUT THAT WE CAN DO IT AND YOU HAVE WHY FOR OUR COMMUNITY. THERE ARE OTHER UTILITIES THAT DO THIS ON A LESS FREQUENT BASIS. WE'RE TRYING TO REINFORCE THIS IDEA AS WELL. TO LET OUR COMMUNITY KNOW THAT WE ARE PAYING ATTENTION YESTERDAY AND WE ARE DOING AS MUCH AS WE POSSIBLY CAN. SO WHAT WE'RE AIMING TO DO HERE IS TO REALLY LITERALLY PAINT A PICTURE SO WE'VE GOT A DRILLING RIG ON THE FAR LEFT TO SHOW THAT THE NATURAL GAS FROM THE DRILLING RIG GOES TO THE POWER PLANT WHERE THE NATURAL GAS IS BURNED TO CREATE ELECTRICITY. WE HAVE TRANSFORMERS AND POWER LINES ALL THE WAY UNTIL WE GET TO A HOME ON THE FAR RIGHT AND THE ELECTRICITY ARE LABELED SO WHAT WE'RE TRYING TO SHOW HERE IS THAT THIS IS WHY WE KEEP SAYING THE PRICE OF NATURAL GAS IS AFFECTING THE PRICE OF ELECTRICITY. THIS IS HOW THIS IS CONNECTED. RELEASE SOME LANGUAGE ON THE SECOND ON THE BOTTOM HALF OF THE FLYER THAT GOES THAT THE NATURAL GAS PRICES HAVE DOUBLED. WE'RE SAYING THE SAME THING ACROSS MULTIPLE PIECES OF INFORMATION. OKAY SO, THIS IS THE MAIN ONE. THE COMBINED UTILITY BILL IS WHERE SO THE PREVIOUS ONE SAID THAT I SHOWED YOU WERE FOCUSED ALMOST ENTTHE PCA AND OF NATURAL GAS. THE COMBINED UTILITY BILL IS MORE DETAILED DOCUMENT THAT IS AIMED, THAT AIMS TO SHOW VISUALLY THIS NOTION THAT IN FORT PIERCE ALL OF YOUR UTILITY SERVICES ARE ON ONE COMBINED BILL. THIS IS SOMETHING THAT'S COME UP THAT ALWAYS COMES UP SO WE GET COMPARED TO YOU [01:00:04] KNOW A NEIGHBORING UTILITY THAT'S ELECTRICAL, FOR EXAMPLE, WHEN WE HAVE TO SAY GAZ WHY IN ORANGE, WATER IN BLUE, AND WASTE WATER IN GREEN. SO WHAT YOU SEE HERE ON THE LEFT-HAND SIDE IS THE DEFINITION FOR THE BILL LINES THAT YOU SEE ON THE RIGHT-HAND SIDE WHICH IS THE LINES THAT YOU WOULD SEE ON YOUR ACTUAL BILL IN THE MAIL. SO, FOR EXAMPLE, WHERE WE SEE CUSTOMER CHARGE, ELECTRIC, IT'S READINESS TO SERVE, FLAT RATE CHARGE THAT INCLUDES THE COST OF OPERATING, MAINTAINING AND IMPROVING ELECTRIC INFRASTRUCTURE. SO EVERY TIME YOU SEE A LINE ON ANY UTILITY BILL, THAT LINE IS DEFINED ON THE LEFT-HAND SIDE. SO EVEN IF IT'S REPEATED IN THE NATURAL GAS IT'S DEFINED AGAIN SPECIFICALLY FOR NATURAL GAS. THE JULY, 2022, UPDATES ARE HIGHLIGHTED IN THIS SCREEN AND ALSO ON THE SHEET OF PAPER IN THE YELLOWISH BOX ON THE BOTTOM RIGHT HERE. SO FOR JULY, 2022, THERE'S THE NUMBER ONE. THE ELECTRICITY -- ELECTRIC SERVICE RATES WERE ADJUSTED BY+ 5% IN COMPARISON RATES HAVE ONLY INCREASED BY .6% IN THE LAST 15 YEARS. THIS IMPORTANT INCREASE WAS PLANNED AND ALLOWS TO US IMPROVE AND MAINTAIN OUR AGING ELECTRIC SYSTEM WITH STORM HARDENING MANSLAUGHTERS AND ADVANCE METERING -- TECHNOLOGIES. IS COMPLETELY LAYING OUT THOSE PLANNED AND APPROVED RATE INCREASES THAT CAME THROUGH WHEN WE APPROVED THE -- THOSE RATES EARLIER THIS YEAR, BEFORE THE PCA. FOR THE LICK TRICK WE ALSO HAVE NUMBER TWO THE POWER COST ADJUSTMENT. WHERE IT SPECIFICALLY SAYS THE POWER COST ADJUSTMENT WAS ADJUSTED BY PLUS $41 FOR A TOTAL PCA OF $59 FOR PER THOUSAND KILOWATT HOURS THIS IS AN UNPLANNED ADJUSTMENT WITH AN UNKNOWN TIMELINE THAT IS CAUSED BY A NATIONAL WIDE ADVISORY FOR RISING NATURAL GAS PRICES. THEN WE DIRECT THEM TO THE NATURAL GAS FLIER. I WON'T GO THROUGH EVERY ITEM I CAN SAVE THAT AND COME BACK TO IT AND HAVE QUESTIONS. WE HAVE DONE THIS FOR EVERY UTILITY. SO NATURAL GAS OR I'M SORRY, GAS, SAME THING, IF YOU ARE A GAS CUSTOMER AT FPUA WE'VE GOT EACH LINE DEFINED ON THE LEFT AND THE JULY 2022 UPDATE DEFINED SPECIFICALLY IN THE BEIGE BOX. THE COMBINED UTILITY BILL FOR WATER, SAME THING EVERY ITEM IS DEFINED ON THE LEFT, AND FOR WATER AND WASTE WATER WE ALSO HAVE THERE WAS THE 5% THAT WAS PLANNED AND APPROVED FOR EXPANDING AND IMPROVING OUR DRINKING WATER SYSTEM PIPES FOR THE SEWER OR THE SEWER SYSTEM AS WELL AS THE 5% TO RELOCATE THE AGING SEWER TREATMENT PLANT. THEN FOR THE WASTE WATER SERVICE IT SAYS THE SAME THING. THERE'S THE 5% FOR WASTE WATER SYSTEM. SAME% FOR SEWER TREATMENT. WHAT WE HAVE ON THE BOTTOM LEFT OF THE FLIER AND THE BOTTOM LEFT OF THE SCREEN IS A DESCRIPTION AN EXPLANATION OF WHAT WE MEAN BY SEWER TREATMENT PLANT AND RELOCATING THAT PLANT. SO THIS IS WE HAVE PRESENTED ON THIS MULTIPLE TIMES. THIS IS ONLY THE BEGINNING THIS IS AN ATTEMPT WE HAD TO PUT IT TOGETHER RELATIVELY QUICKLY NOW TO DEFINE THESE THINGS THAT WE'VE NEEDED TO HAVE DEFINED ANYWAY AND AT THE SAME TIME, PROVIDE ANNUAL UPDATES BUT IDEAL -- JULY UPDATES. IDEALLY WE CAN EVOLVE THIS PARTICULAR DOCUMENT. TO HELP MAKE YOU COMMON KNOWLEDGE IS A COMBINED UTILITY BILL NOT JUST ONE ITEM. WHATRY SOURCES ARE AVAILABLE AT EACH PARTNERS FACILITY BUT FOR NOW IT'S THE CONTACT INFORMATION AS WELL AS THE SPECIAL PAYMENT ARRANGEMENT OPTIONS AND THE BUDGET BILLING WHICH ARE DONE SPECIFICALLY THROUGH FPUA. THE MAIN THING WE WANT TO PRESS WITH BUDGET BILLING IS THAT THIS IS FOR A STABILITY OF BILLS AND RIGHT NOW IS A $59 PCA CALCULATING OUT IS [01:05:05] CHALLENGING SO WE ARE TRYING TO SORT OF FIGURE THAT OUT. WE NEED THE PCA TO STABILIZE SO WE CAN DO PROPER CALCULATIONS. OTHERWISE, YOU MAY END UP WITH A BUDGET BILL THAT IS HIGHER THAN WHAT IT NEEDS TO BE. SO THAT'S WHAT'S GOING ON WITH BUDGET BILLING RIGHT NOW. THE COMMUNICATIONS ROLLOUT THE PHYSICAL PACKETS ARE BEING DISTRIBUTED. DIGITAL FLYERS ARE BEING SHARED. THERE ARE LINKS ON OUR WEBSITE IF YOU GO TO THIS PARTICULAR LINK OR EVEN IF YOU JUST GO TO THE FPUA HOME PAGE. WE HAVE SHARED THIS ON FACEBOOK AND OF COURSE WE ARE ADAPTING OUR COMMUNICATIONS AS QUESTIONS ARISE. WE KNOW WHAT INFORMATION WE NEED TO BE SHARING BASED ON THE QUESTIONS THAT WE'RE RECEIVING. AND SO WE ARE LISTENING. MY DOOR IS ALWAYS OPEN, CUSTOMER SERVICE KNOWS THAT SO IF THEY SEE MORE AND MORE OF THE SAME QUESTION THEY CAN LET US NO SO WE CAN CREATE MATERIALS OR SHARE THE MATERIALS WITH LEADERSHIP SO THAT WE'RE ALL ON THE SAME PAGE AND THAT IS THE QUICK REVIEW OF THE COMMUNICATIONS AND I'M HAPPY TO TAKE ANY QUESTIONS. >> QUESTIONS? COMMENTS. YES, SIR. GO AHEAD. >> OKAY, THANK YOU. AND THANK YOU FOR THAT PRESENTATION AND I UNDERSTAND EXPLAINING THE BILL GOING FORWARD. MY QUESTION IS WHEN WAS THE DECISION MADE FOR THIS PCU TO BE AT $59? WHEN DID WE VOTE ON IT WHEN WAS THAT DECISION MADE AND HOW DID THE CUSTOMERS UNDERSTAND BEFORE THEY GOT THE BILL THAT THERE WAS GOING TO BE AN INCREASE DO WE DO ANY TYPE OF COMMUNICATION TO THESE CUSTOMERS IN FORT PIERCE THAT THERE WAS GOING TO BE SOME TYPE OF INCREASE BECAUSE NATURAL GAS HAD WHATEVER IT WAS WE HAD A $41 INCREASE. WAS THERE ANY TYPE OF COMMUNICATION BEFORE THAT BILL WENT OUT? THE REASON I'M ASKING THIS I UNDERSTAND GOING FORWARD AND I UNDERSTAND EVERYTHING WHAT WAS SAID TODAY. RIGHT NOW IN MY DISTRICT I'M HAVING FAMILIES DECIDE CAN THEY PAY A BILL, CAN THEY PAY RENT, OR WHAT ARE THEY GOING TO DO. SO I'M JUST TRYING TO FIGURE OUT CAN WE HAVE GIVEN SOME TYPE OF NOTICE THAT IT WAS COMING. WE KNOW KNEW IT WAS A $41 INCREASE AND GOT THE EXPLANATION OUT BEFORE PEOPLE OPENED THEIR BILLS AND LIKE YOU KNOW SAID ALL KIND OF THINGS THAT I WON'T REPEAT BECAUSE WE'RE ON TV? >> THERE IS A SLIDE THAT RACH HEALTH THAT SHOWED THE TIMELINE. IT HAPPENED VERY, VERY QUICKLY WE WERE TRYING TO PUT THE MATERIAL TOGETHER TO BE ABLE TO PROVIDE THAT INFORMATION TO OUR CUSTOMERS. I DON'T KNOW IF YOU CAN GO BACK TO THAT SLIDE, RACHEL. I BELIEVE IT WAS THE -- >> I SAW JUNE 21ST. >> SORRY, COMMISSIONER, I BELIEVE WE APPROVED IT ON THE 19TH THE BOARD MEETING BEFORE THAT DATE. >> SO JUNE 19TH. >> SOMEWHERE MID-JUNE, SOMEWHERE IN MID-JUNE IT WAS APPROVED. AND HOW FAR AFTER YOU GUYS APPROVED IT DID THOSE BILLS GO OUT? THEY DIDN'T GO OUT UNTIL JULY 1ST. SO MY ONLY QUESTION IS BETWEEN AND SOMEWHERE AROUND JUNE 19ING, AND JULY 1ST THERE WAS ANY COMMUNICATIONS TO THE RESIDENTS OF FORT PIERCE THAT HEY, WE HAVE A NATIONWIDE A NATIONWIDE INCREASE IN NATURAL GAS. WE HAD TO ADJUST IT FROM WHATEVER TO $59 WHICH WAS A $41 INCREASE DID ANY COMMUNICATION GO OUT TO ANY OF THE RESIDENTS IN FORT PIERCE BEFORE THEY GOT THEIR BILL THAT'S THE ONLY THING I'M ASKING? >> NO WE DID NOT SO THE COMMUNICATION YOU SEE HERE WENT OUT WITH THE BILL BUT IT DID NOT GO OUT BETWEEN THE TIME WE APPROVED IT AND THE TIME WE DEVELOPED IT AND THE TIME THE BILL WAS SENT OUT. SO IT THE VERY TIGHT TIME FRAME. >> I UNDERSTAND. I CAN SEE ONE OF THE THINGS ME AND YOU HAVE ALWAYS TALKED ABOUT IS TO WE ALL KNOW THAT IN CERTAIN PARTS OF FORT PIERCE, I'M GOING TO PUT IT THAT WAY, THAT OUR FPUA IS NOT LOOKED UPON IN A GREAT LIGHT. LET'S JUST PUT IT OUT HERE BECAUSE ME AND YOU HAD THESE CONVERSATIONS. ONE OF THE THINGS I'VE ALWAYS STRESSED SINCE I'VE BEEN SITTING IN THIS CHAIR IS IF WE COMMUNICATE BEFORE IT HAPPENS IT WILL EASE THE READING OF THOSE BILLS. I WAS JUST WONDERING COULD, IT COULD HAVE BEEN -- ALL THESE RESIDENTS THAT WE SERVE WE HAVE E-MAILS, WE HAVE PHONE NUMBERS, WE HAVE ANYTHING. SO WE COULDN'T HAVE TRIED TO GIVE SOME TYPE OF WARNING INSTEAD OF THEM SEEING THAT [01:10:03] STICKER SHOCK ON JULY 1ST. I DON'T KNOW I'M JUST ASKING THE QUESTION. I JUST KNOW THAT MY TELEPHONE, MY E-MAIL, MY KNOCKS ON MY DOOR HAVE IT'S A LOT OF ANGRY PEOPLE RIGHT NOW. THERE'S A LOT OF HURTING PEOPLE RIGHT NOW AND I JUST THINK THAT AN E-MAIL IT WOULDN'T HAVE CHANGED THE FACTS BUT AN E-MAIL, SOME TYPE OF PHONE CALL, SOME TYPE OF WHATEVER. BECAUSE I KNOW IF A BILL IS NOT PAID THEY GET AN E-MAIL THEY GET NOTIFICATION SOME TYPE OF WAY REAL QUICK. SMALL WINDOW THEY GET THAT NOTIFICATION SAYING HEY, IF YOU DON'T PAY THIS BILL IT'S GETTING CUT OFF. SO I'M JUST SAYING IF THE ANSWER IS NO THAT'S FINE AND I CAN DEAL WITH THAT AND WE CAN TALK ABOUT THAT BECAUSE IT'S MY UNDERSTANDING FROM LISTENING TO THE OTHER CONVERSATION THAT WE'RE STILL, WE'RE STILL WATCHING THIS WAVE. SO I DIDN'T HEAR ANYWHERE TODAY WHERE IT MIGHT NOT BE ANOTHER ADJUSTMENT BASED ON BECAUSE YOU ARE SAYING WE DON'T START WE DIDN'T LOCK INTO UNTIL 12 OF '23. SO WHAT I'M HEARING IS THAT WE DON'T KNOW AND EVERYTHING YOU SAID I AGREE PIPES, AND EVERYTHING BUT THERE COULD BE ANOTHER ADJUSTMENT COMING, I HOPE IT'S NOT BUT WE DON'T KNOW SPES THERE'S ANOTHER $41 ADJUSTMENT BECAUSE THAT'S WHAT THE OUTS THERE CAN WE ALLOW OUR CUSTOMERS AND OUR RESIDENTS TO KNOW WHAT IS REALLY GOING ON BEFORE THEY OPEN THAT BILL. YES, SIR. >> SO I AGREE WITH YOU. WE'VE LEARNED A LOT IN THAT TIME FRAME. I THINK WE HAVE A PRETTY GOOD PLATFORM TO BE ABLE TO COMMUNICATE THAT MOVING FORWARD THAT WE DID LEARN A LOT IN THAT TIME FRAME BETWEEN WHEN THE PCA WAS ADJUSTED AND PUTTING THIS INFORMATION TOGETHER. I THINK WE HAVE A GOOD PLATFORM FOR REACHING OUT TO OUR CUSTOMERS AND GIVING THAT INFORMATION AHEAD OF TIME. SO I AGREE WITH YOU WE LEARNED A LOT AND WE'LL BE ABLE TO DO THAT BETTER NEXT TIME. >> I JUST WANT TO SAY ON BEHALF OF COMMUNICATIONS I AGREE WITH WHAT MR. CISNEROS IS SAYING. IF I COULD GO BACK AND DO THAT DIFFERENTLY I WOULD DO THAT DIFFERENTLY. I WANT TO SAY AS WELL JUNE 21ST IS A TUESDAY WHICH IS WHEN OUR BOARD MEETINGS ARE HELD. SO WE HAD NINE DAYS AND MOST OF THE MATERIALS THAT I PRESENTED TO YOU TODAY WE CREATED IN-HOUSE WHICH WHAT HAPPENED JUST FROM SITTING NOW TODAY JULY WHATEVER TODAY IS, WAS WE INSTANTLY FOCUSED ON BRAINS ON WHAT CAN WE PRODUCE, WHAT CAN WE PRODUCE AND WHAT DIDN'T HAPPEN WAS HOW CAN WE GET THE INFORMATION OUT THERE FIRST RIGHT NOW IMMEDIATELY, AND THEN WHAT CAN WE PRODUCE. AND I THINK IN HINDSIGHT I WISH WE HAD BUT WE DIDN'T. WE ARE THINK I DID THE BEST WITH WHAT WE HAD IN THE 90S. >> I ACCEPT THAT. EVERY TIME YOU COME BEFORE ME I'VE ALWAYS SAID SAID COMMUNICATION WITH THE CUSTOMERS IS THE BEST WAY NOT TO HAVE A FULL HOUSE MAD AT SOMETHING IS GOING ON AT FPUA. WHEN I MET AND FIRST GOT ON THE BOARD YOU GAVE ME THAT GREAT TOUR I THINK WE TALKED ABOUT ALL THE TIME ALL I'M SAYING IS LET'S STOP STOP SHOCKING OUR CUSTOMERS. ESPECIALLY IF WE KNOW IT'S COMING DO WHATEVER WE GOT TO DO TO LET THESE CUSTOMERS KNOW. RIGHT NOW I'M HEARING PEOPLE ARE TALKING ABOUT JUST WALKING OUT FROM CUTTING THEIR POWER OFF. THEY ARE SO UPSET UPSET ABOUT THIS ONE BILL I DON'T HAVE THE MAGIC WAND AND I UNDERSTAND WHAT YOU DID AND THE ENTIRE FRAME YOU DID IT TO GET IT OUT. BUT IN MY HEART SOMEWHERE THE WORDS SHOULD HAVE GOT OUT TO THE RESIDENTS OF FORT PIERCE WHO USE THESE SERVICES THAT THERE WAS A $41 INCREASE INCREASE AND THEY HAVE TO PAY FOR IT. I'M JUST PAYING. MADAM MAYOR [01:15:41] WHAT'S OUR PLAN GOING FORWARD TO ADDRESS THIS FOR RESILIENT FORT PIERCE RESPONSE. >> COMMISSIONER JOHNSON WE DO HAVE A SPECIAL PAYMENT ARRANGEMENT. WE WANT TO MAKE SURE WE WORK WITH OUR CUSTOMERS SO THEY DO NOT GET DISCONNECTED. THAT ALLOWS THEM TO TAKE THE MONTH THEY'RE IN AND SPREAD THAT OVER A PERIOD OF TIME. IT ALLOWS THEM TO NOT GET INTERRUPTION OF SERVICE THAT'S AN OPTION WE'RE REALLY TRYING TO PUSH FOR OUR CUSTOMERS, ESPECIALLY THOSE WHO ARE HAVING DIFFICULTY WITH THE JULY BILL. >> WE HAVE FIXED INCOME COMMUNITY THAT WAS ELOQUENTLY PUT BEFORE WE HAVE A LOT OF ELDERLY AND FIXED SOCIAL SECURITY THAT LIVE IN OUR COMMUNITY THAT'S THE ONE I'M REALLY MOST ANXIOUS ABOUT BECAUSE THEY'RE FIXED WITH THEIR INCOMES. SO HOW WOULD ONE LEARN OF THIS. BECAUSE AGAIN IT GOES BACK TO THE COMMUNICATION POINT. I HAVE NOT HEARD THIS BEING LAUNCHED, THIS SPREAD OUT. I DON'T KNOW WHAT YOU CALL IT. BUT THIS SPA. >> SPECIAL PAYMENT ARRANGEMENT WHERE ARE WE WITH THAT? >> WE ARE BEING PROACT WHICH THAT. WE ARE GOING OUT AND LOOKING AT THE CUSTOMERS AND TRYING TO IDENTIFY THEM THEN WE'RE GOING TO TRY TO COMMUNICATE WITH THEM AND REACH OUT TO THEM AND HELP THEM UNDERSTAND WHAT THE PROGRAM MEANS AND THEN WORK WITH THEM TO GET THEM ON SPA. >> THIS IS ALSO NOT A NEW PROGRAM. THIS IS A LONG-STANDING PROGRAM. >> WE USED IT DURING COVID TO MAKE SURE THAT PEOPLE DID NOT GET DISCONNECTED. >> I HEAR WHAT YOU'RE SAYING, RIGHT, BUT, SOMEHOW BETWEEN THAT AND '20 NOW WHERE WE ARE, AGAIN, IT GOES TO THE HEART OF COMMUNICATION. IT MAY BE SOMETHING WE'VE USED BEFORE BUT PEOPLE RIGHT NOW WHEN THIS IMMEDIATELY HAS BEEN THRUST UPON THEM THEY AREN'T THINKING RATIONALLY. THEY'RE TALKING ABOUT CUTTING OFF THEIR ELECTRICITY AND I HAVE HEARD THAT TODAY. SO WE DON'T WANT TO BECKON THAT KIND OF ATTENTION. WE WANT TO GET THIS INFORMATION OUT. IT MAY JUST NEED TO BE A REMINDER TO LET PEOPLE KNOW. BECAUSE THEY'RE IN A CRISIS MODE RIGHT NOW AND IT'S ABOUT TRYING TO FIGURE OUT HOW DO WE GET THIS DONE. SO THAT'S JUST A COMMENT GOES BACK TO COMMUNICATION. >> I WILL SAY THAT WE ARE ACTIVELY WORKING ON BUILDING A COMMUNICATION PLATFORM THAT IS SIGNIFICANTLY BETTER THAN WE'VE HAD IN THE PAST. SO, WE WILL CONTINUE TO REACH OUT TO YOU AND LET YOU KNOW WHAT WE'RE DOING THERE. WE ARE I MEAN THAT IS A GOAL TO MAKE SURE OUR COMMUNICATION IS MUCH BETTER. >> COMMISSIONER PERONA? >> THERE'S A PROGRAM THAT Y'ALL HAVE, TOO, IT'S PROJECT CARE. ARE YOU BOLSTERING THAT TO HELP THOSE PARTNERS THAT CAN HELP OUT THOSE THAT ARE IN DIRE EMERGENCY. WHEN YOU SIT WILL AND SAY YOU'RE GOING TO SPREAD IT OUT OVER PERIOD OF TIME. THEY GET X EVERY MONTH, THAT X GOT INFLATED BECAUSE OF A BIGGER BILL THEY CAN'T TAKE AWAY FROM THE NEXT MONTH. A LOT OF TIMES IT'S REALLY DIFFICULT. YOU GOT TO CATCH THOSE TYPE OF PEOPLE. I KNOW THAT PROJECT CARE AND A LOT OF CONTRIBUTIONS GOING TOWARDS THAT TO OUR PARTNERS LIKE MUSTARD SEED, I DON'T KNOW IF WHATEVER OTHER ASSOCIATIONS WE HAVE OUT THERE, BUT I DO KNOW THAT THEY'RE OUT THERE TO HELP OUT THOSE PEOPLE THAT JUST FIT IN THAT VERY SMALL PART OF THE CURVE THAT CAN'T COME OUT OF NOTICE MATTER HOW MUCH TIME YOU GIVE THEM. >> WE DO HAVE PROJECT CARE THAT IS ANOTHER AVENUE THAT WE'RE GOING TO PUSH REALLY HARD TO ADVERTISE. TO HELP OTHERS IN NEED THAT THAT PROGRAM CONTINUES TO BE FUNDED FOR THOSE FOLKS. I JUST REGISTERED FOR AND IT WILL BE GIVING EVERY TWO WEEKS IT TO. I KNOW MR. RUTHERFORD IS AS WELL. IF YOU CAN PLEASE DONATE IT TO WE HAVE SOME FLYERS OUTSIDE IF I'M NOT MISTAKEN FOR PROJECT CARE, RACHEL IF I'M NOT MISTAKEN? THAT TABLE THERE WILL HAVE SOME PROJECT CARE REGISTRATION FORMS. >> I GOT A FEELING IT'S GOING TO BE SOMETHING THAT'S UTILIZED A LOT MORE THAN NOT. HOPEFULLY THOSE NONPROFIT [01:20:01] PARTNERS ARE ALL AWARE OF FOLKS THAT ARE COMING. >> RIGHT. >> I WOULD LIKE TO REMIND THIS COMMISSION THAT THIS TEAM RIGHT HERE WAS THE THEM THAT DEALT WITH THE COVID AND THEY DEALT WITH IT THE WHOLE YEAR LONG WITH MANAGING, TRYING BECAUSE THE GOVERNOR DECLARED A DISASTER WE WERE ABLE TO HAVE A PROGRAM NOT TO CUT PEOPLE OFF. >> THAT'S RIGHT. >> WE DON'T -- WE CAN'T DO THAT WITHOUT A DECLARATION OF DISASTER. AND I THINK THE GOVERNOR IS THE ONLY ONE WHO CAN DECLARE A DISASTER AND SO, IF I COULD I WOULD BUT I CAN'T. THE GOVERNOR HAS TO DO IT. SO YOU HAVE TO MANAGE THE UTILITY WHICH IS A BUSINESS WE WORKED WITH THEM IN TERMS OF SPREADING OUT THEIR BILLS. SO I KNOW JAVIER YOU LED THAT TEAM SO YOU EXPERIENCE DOING THAT. I HOPE YOU WILL USE ALL THAT EXPERIENCE BECAUSE WE'RE ALL GETTING WE ALL KNOW WHAT PEOPLE ARE HAVING TO PAY RIGHT NOW AND THE PAIN IT'S CAUSING AND IT ISN'T -- IT DOESN'T HELP THAT WE ALL UP HERE HAVE TO PAY THE ABOUT IM, TOO AND YOU HAVE TO PAY THE BILL, EVERYTHING HAS TO PAY THE BILL IT DOESN'T HELP WHEN PEOPLE ARE ON FIXED INCOMES. WE ARE GOING TO BE IN A CRISIS IF THIS LASTS TOO LONG. WE ARE. >> THANK YOU, MADAM MAYOR. DO YOU HAVE ANYTHING ELSE TO ADD MR. CISNEROS. >> WE TALKED ABOUT IT A COUPLE TIMES TODAY. WE DO LOOK AT THE POWER COST ADJUSTMNT EVERY TWO WEEKS, OR AT THE BOARD. >> AT THE BOARD MEETINGS TWICE A MONTH. >> YOU KNOW FOR ANYTHING WE ARE REALLY ENCOURAGING PEOPLE TO LOOK AT THAT SO THEY AT LEAST UNDERSTAND WHAT THAT MEANS AND HOW OFTEN IT HAPPENS. IT'S REALLY GOOD INFORMATION. IF YOU CAN'T COME AND ATTEND HERE IN CHAMBERS AT LEAST YOU CAN WATCH THAT ON-LINE. BUT TYPICALLY IT'S A 10 TO 15 MINUTE DISCUSSION AND IT'S REALLY, REALLY IMPORTANT INFORMATION. SO IF YOU I WOULD ENCOURAGE THOSE FOLKS TO REALLY WATCH THAT AND UNDERSTAND WHAT THAT MEANS. >> AND WE WATCH THE PCA I MEAN, THIS HAS HAPPENED BEFORE THE SPIKE. THIS IS SOMETHING THAT WE DO AS A MATTER OF COURSE. I ALSO WANT TO LET YOU KNOW THAT I DOWNLOADED THE PROJECT CARE. YOU CAN DOWNLOAD IT FROM THE WEBSITE AND SIGN UP FOR IT IN ORDER TO HELP PEOPLE WITH THEIR UTILITY BILLS AND I INTEND TO DO THAT. THANK YOU VERY MUCH. ANYONE ELSE? >> MADAM MAYOR, I WOULD ENCOURAGE YOU THE DIGITAL STUFF THAT YOU HAVE THE CITY HAS ALWAYS BEEN GRACIOUS IN SENDING THAT OUT TO OUR CUT DATABASE. I ALWAYS USUALLY SHARE WHAT THE CITY PUTS OUT TO MY FOLLOWERS ON FACEBOOK. ANYTHING DIGITAL AND PROGRAMS HAVE YOU IF YOU COULD GET IT TO I THINK MR. MINIMUMS. >> AND JPEG AND PDF. >> I'M SURE RACHLE WILL TAKE CARE OF THAT AS SOON AS POSSIBLE. >> MR. WILLIAMS THANK YOU VERY MUCH FOR BEING WITH US AND YOU'RE GOING TO BE WITH US TOMORROW I THINK, TOO? >> I THINK SO. >> FORT PIERCE IS A GREAT PLACE YOU OUGHT TO STAY. >> HE'S GOT A LOT OF FIRES TO PUT OUT. I KNOW. THANK YOU ALL VERY MUCH. THANK YOU. >> NEXT ITEM ON THE AGENDA [11. CONSENT AGENDA] IS THE CONE SENT AGENDA. >> IS THERE ANY ITEM THAT ANY COMMISSIONER WOULD LIKE TO PULL FROM THE CONSENT AGENDA. >> I WOULD LIKE TO PULL D AND ASK THE DIRECTOR NOT TO LEAVE JUST YET. >> MR. CISNEROS, YOU MEAN? >> HE IS PULLING ITEM D ON THE CONSENT AGENDA. >> JUST ONE QUICK QUESTION. >> THAT'S FINE. >> AND C. AND C. SO IS THERE A MOTION TO APPROVE THE CONSENT AGENDA WITHOUT THOSE PROVE. >> I MOVE TO APPROVE CONSENT AGENDA WITHOUT ITEM C AND D. >> RELEASE A MOTION AND A SECOND CALL THE ROLL. PLEASE. [c. Approval of allocation of funding for Jaycee Park playground equipment and materials in an amount not to exceed $650,475.00 (The Kiwanis Club has pledged $300,000.00 toward this project).] >> SO ITEM 11 C IS APPROVAL OF ALLOCATION OF FUNDING FOR JAYCIE PARK PLAYGROUND EQUIPMENT AND MATERIALS IN AN AMOUNT NOT TO EXCEED $650,475. >> JUST BRIEFLY I JUST WANT TO LET YOU KNOW THAT THE SUNRISE COUP WANTAS CLUB IS OUT THERE DOING EVERYTHING THEY CAN. FOLKS CAN CONTRIBUTE IF YOU TAKE A LOOK AT IT AND THINK ABOUT A KIDS PLAYGROUND AT [01:25:03] $650,000 OH, MY GOD. BUT IT IS A STATE OF THE ART. IT'S FOR ALL KIDS ALL NEEDS. IT'S GOING TO BE ONE OF A KIND AND I'M SURE IT'S GOING TO BE USED LIKE NO OTHER PARK IN FORT PIERCE IS USED. WE HAVE A CHANCE FOR THAT AS A COMMUNITY TO BE ABLE TO CONTRIBUTE. YOU CAN CONTRIBUTE MONEY OR YOU CAN CONTRIBUTE YOUR TIME. THE BUILD DATE AGAIN IS GOING TO BE OCTOBER 6TH THROUGH 11TH. IN SIX DAYS WE, THE FOLKS OF FORT PIERCE ARE GOING TO BUILD THAT PARK. IT'S GOING COME OUT OF THE GROUND IT'S GOING TO BE VERY UNIQUE AND A LOT OF FUN. IT GIVES US A CHANCE TO BE ABLE TO GET TOGETHER AND WORK TOGETHER. YOU DON'T HAVE TO HAVE ANY SPECIAL SKILLS OR ANYTHING LIKE THAT. YOU JUST HAVE TO SHOW UP. YOU WILL GET FED, YOU WILL HAVE FUN. YOU WILL LEARN SOMETHING, I GUARANTEE IT THAT YOU NEVER KNEW BEFORE. IT'S OCTOBER 6TH THROUGH 11TH. SO, THINK ABOUT IT. PLENTY OF OPPORTUNITIES TO BE ABLE TO CONTRIBUTE LIKE I SAY WE'LL BE REACHING OUT INTO THE COMMUNITY. VOLUNTEER. YOU CAN BUY A TICK WITH YOUR GRANDKIDS OR -- TICKET WITH YOUR GRANDKIDS OR YOUR CHILDREN'S NAME ON IT. ONE LITTLE PICKET OF A FENCE THAT GOES ALL THE WAY AROUND IT. THERE'S PLENTY OF OPPORTUNITY TO HELP OUT. WE'LL BE REACHING OUT TO THE COMMUNITY AS WE GO FORWARD. I DO APPRECIATE THE SUPPORT FROM THE CITY AND THIS COMMISSION. ALL YOU COMMISSIONERS ARE APART OF THIS TEAM. IT'S SOMETHING THAT WE ALL CAN BE PROUD OF. I THINK THIS SYMBOL OF FORT PIERCE AND WHO WE ARE IS GOING TO BE REPRESENTED IN THIS PARK. SO WITH, THAT I'LL MAKE A MOTION TO APPROVE. >> SECOND. >> MOTION IN A SECOND. CALL THE ROLL PLEASE. [d. Approve letter to the Fort Pierce Utilities Authority offering the City's support and agreement to jointly submit a grant application for potential financial assistance from the State of Florida Resilient Florida Grant Program to offset the total project costs of the Wastewater Reclamation Facility relocation.] THE FORT PIERCE UTILITIES AUTHORITY OFFERING THE CITY'S SUPPORT AND AGREEMENT TO JOINTLY SUBMIT A GRANT APPLICATION FOR POTENTIAL FINANCIAL ASSISTANCE FROM THE STATE OF FLORIDA RESILIENT FLORIDA GRANT PROGRAM TO OFFSET THE TOTAL PROJECT COSTS OF THE WASTE WATER RECLAMATION FACILITY RELOCATION. >> COMMISSIONER GAINES. >> MADAM MAYOR I PULLED THIS JUST SO I'M CLEAR AGAIN BECAUSE WE'VE HAD THIS DISCUSSION BEFORE. WE ARE TRYING TO SUBMIT A GRANT TO SET ASIDE OR HELP US WITH THE COST OF THE RELOCATION OF THE WASTE WATER PLANT. CORRECT. >> SO WITHITANT TO PROVE THAT. MY QUESTION IS THIS. I KNOW WE SAID FIRST QUESTION IS THIS A NEW GRANT OR ONE WE ALREADY TALKED ABOUT BEFORE. SECOND, ONCE THESE GRANTS START COMING IN, WILL CUSTOMERS SEE ANY TYPE OF REDUCTION BECAUSE THE MONEY THAT WE ASK FOR THAT WE HAD TO BOND OUTSIDE FOR WILL BE STARTING TO BE REDUCED BECAUSE OF SOME OF THESE GRANTS? >> COMMISSIONER GAINES, GOOD AFTERNOON, AGAIN. THE FIRST THING IS THIS IS A GRANT THAT WE DID HAVE ON THE LIST THAT WE'RE APPLYING FOR. AS YOU MAY RECALL, WE BORROWED MONEY FOR A PORTION OF THE PLANT SO THE GRANTS WE'RE LOOKING FOR ARE TO COVER THE REMAINING PORTION. IF WE GET ANY FUNDS ABOVE THAT OUR GOAL IS ALWAYS TO BE ABLE TO REDUCE THE RATE. >> THANK YOU. I MAKE A MOTION TO APLOF 11 D. >> SECOND. >> MOTION AND THE SECOND. CALL THE ROLL PLEASE. THANK YOU VERY MUCH. [a. Legislative Hearing - Ordinance 22-017: An Ordinance by the City Commission of the City of Fort Pierce, Florida: Rezoning four parcels of land generally located on the east side of South US Highway 1 at the intersection of Dickson Drive and lying north of the existing Gator Trace Planned Development, from General Commercial (C-3) and Planned Development (PD) to Planned Development (PD), for the residential project to be known as Savannah Preserve; providing for a severability clause; providing for repeal of ordinances or parts thereof in conflict herewith; and providing for an effective date. SECOND READING] HEARINGS. WE HAVE ORDINANCE 22-017 AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT POLICE OFFICERS, FORMED REZONING FOUR PARCELS OF LAND GENERALLY LOCATED ON THE EAST SIDE OF SOUTH U.S. HIGHWAY 1 AT THE INTERSECTION OF ADDICTIONON DRIVE AND LYING NORTH OF THE EXISTING GATOR TRACE PLANNED DEVELOPMENT FROM GENERAL COMMERCIAL C-3 AND PLANNED DEVELOPMENT PD TO PLANNED DEVELOPMENT PD FOR THE RESIDENTIAL PROJECT TO BE KNOWN AS SAVANNAH PRESERVE PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THERE OF IN CONFLICT HERE WITH. AND THIS IS THE SECOND READING. ANY QUESTIONS OF STAFF BEFORE I OPEN THE PUBLIC HEARING. THIS IS A PUBLIC HEARING ANYONE WISHING TO ADDRESS THIS ISSUE PLEASE COME FORWARD? >> MADAM MAYOR, COMMISSIONER FOR THE REPORTED MY NAME IS DENNIS MURPHY I'M HERE IN REGARD TO THE PETITION FOR PD APPROVAL FOR THE PROJECT AT SAVANNAH PRESERVE. WE HAD A VERY LINGY DISCUSSION ON OUR DISCUSSION I WILL NOT REPEAT EVERYTHING THAT'S TAKEN PLACE THEN. THIS IS THE LEGISLATIVE PROCESS OR LEGISLATIVE STEP OF THE TWO STEP HEARING PROCESS TONIGHT. I WOULD RESPECTFULLY REQUEST THAT YOU APPROVE OUR PETITION FOR CHANGE IN ZONING [01:30:01] NOTING ALL OF OUR PRIOR COMMENTS. IF HAVE YOU ANY QUESTIONS I AM HERE TO TRY TO ANSWER THEM. >> ANY QUESTIONS OF THE APPLICANT? THANK YOU VERY MUCH. ANYONE ELSE WISHING TO ADDRESS THIS ISSUE PLEASE COME FORWARD. >> MAYOR, COMMISSIONERS I'M DAVID EARL ROSS. I'M HERE TONIGHT REPRESENTING THE GATOR TRACE MASTER ASSOCIATION. HE A CHANCE TO REVIEW THE VIDEO OF THE PRIOR MEETING WHICH OCCURRED IN MY COLLEAGUE MR. CARRIGAN REPRESENTED GATOR TRACE ABSORBED IT VERY DETAILED. I WILL ASK YOU IF YOU WOULD FOR THE PURPOSES OF THIS MEETING ACCEPT ALL OF OUR ARMS THERE I WON'T REPEAT THEM. THERE WERE NUMEROUS AND A LOT OF IMPORTANT THINGS. WE'RE CERTAINLY UNDERSTANDING YOU FOLKS VOTED 5-0 TO MOVE THE PROJECT ALONG TO THIS PHASE BUT WE WANT TO REITERATE OUR CONCERNS THAT WE THINK THERE'S MORE INFORMATION THAT YOU SHOULD GET BEFORE YOU APPROVE IT. THAT'S KEY. ONE OF THE ISSUES THAT I WANTED TO RAISE TO YOU THOUGH TONIGHT DURING MY TIME IS THERE WAS SOME DISCUSSION AT THE PROCESS AT THE LAST MEETING. PRELIMINARY PROCESS THAT'S GOING TO GO TO STAFF FOR MORE DEVELOPMENT, ETC., ETC. WE THINK IT'S IMPORTANT TO NOTE QUITE FRANKLY THAT THIS PART OF THE PROCESS IS THE KEY FOR US KEY PART OF THE PROCESS BECAUSE IT'S BEFORE YOU FOLKS. YOU FOLKS ARE THE ONES WITH THE AUTHORITY TO ASSESS CONDITIONS ON HOW THIS PROJECT MOVED FORWARD MUCH MORE SO THAN THE PROJECTS CONTINUED REVIEW BY STAFF. THIS IS THE TIME FOR A PUBLIC HEARING AND THE INPUT OF THE PUBLIC AND THE ACTION BY YOU AS THE REPRESENTATIVE OF THE PUBLIC. I'LL DRAW YOUR ATTENTION TO AND I'VE DISCUSSED THIS WITH YOUR PLANNING DIRECTOR, THIS IS PD IT'S VERY SPECIAL KIND OF ZONING. IT GIVES MORE FLEXIBILITY TO THE APPLICANT. UNDER YOUR OWN CODE AND VERY IMPORTANTLY, YOU HAVE THE ABILITY AND THE SCREGS DISCRETION TO MOVE THIS MOVING FORWARD. YOU SHOULD. I CONGRATULATE YOU AND YOUR STAFF FROM THE BEGINNING OF THIS PROJECT AND TODAY HAVE YOU BEFORE YOU NOW AT LEAST SIX CONDITIONS REGARDING HOW THIS PROJECT OUGHT TO MOVE FORWARD. I THINK THEY NEED TO BE STRONGER. IN PARTICULAR, I'LL DRAW YOUR ATTENTION TO TWO OF THEM. CONDITIONS 5 AND 6. THE APPLICANT SHALL PROVIDE CONFIRMATION OF THE APPROVAL OF ST. LUCIE COUNTY, THAT'S ONE. THAT'S NUMBER 5, NUMBER 6 IS APPLICANT SHALL PROVIDE CONFIRMATION OF A MAINTENANCE AGREEMENT WITH ST. LUCIE COUNTY. CONFIRMATION IS NOT ENOUGH. THIS IS IMPORTANT BECAUSE THIS APPLICATION IS UNIQUE. IT'S UTILIZING A BURM THAT IS AT LEAST IN PART OFF THE SUBJECT PROPERTY ON SOME OTHER PROPERTY. BUT IT'S EMINENT AND MATERIAL TO HOW THIS PROPERTY IS GOING TO BE DEVELOPED GOING FORWARD. I SAID AT ONE POINT IN TIME THE DEVELOP IS IN THE DETAILS OF THESE THINGS. IF YOU ARE GOING TO PUT SOMETHING ON ST. LUCIE COUNTY'S PROPERTY YOU NEED TO SEE WHAT IT IS AND -- >> I HAVE TO ASK YOU BECAUSE YOU ARE GOING TO PROBABLY HAVE A CHANCE TO SAY ALL OF AT THE NEXT ONE. HAVE YOU THREE MINUTES SO YOUR TIME IS UP. >> 100% YOU WILL HEAR MORE FROM ME ON THIS. YOU ARE THE CONDITION MAKERS. >> THANK YOU, SIR. ANYONE ELSE WISHING TO ADDRESS THIS ISSUE PLEASE COME FORWARD. PLEASE COME FORWARD. STATE YOUR NAME AND ADDRESS YOU HAVE THREE MINUTES. >> MY NAME IS -- I LIVE AT HIGH POINT IN SECTION 2. I'M A FRIEND OF THE DEVELOP SORRY I HAVE EMPATHY FOR THE DEVELOPER GOING ON. I APPROVE OF THIS PROJECT UNDER THE CONDITION THAT THEY FOLLOW THE INPLACE RULES AND REGULATIONS. MY INVESTIGATION OF THIS DOESN'T AGREE TO WHAT THEY'RE DOINGFUL THERE ARE MANY QUESTIONS THAT NEED TO BE ANSWERED BEFORE THIS SUSTAINED BODY SHOULD GIVE THEIR STAMP OF APPROVAL. IT'S LAST SATURDAY, WE HAD 2.42 INCHES OF RAIN. ON SUNDAY WE HAD 1.65 INCHES OF RAIN. OUR LAKE TOO FLOODED IT WAS NECESSITATED TO PUMP IT OUTSIDE BY OUR OWN PUMPS. MY CONCERN IS THE CANAL ON THE WESTSIDE IS IS PARTED OF THE NEW DEVELOPMENT. THERE IS NO MENTION ON THE EVACUATION, THE MECHANICAL [01:35:02] EVACUATION BECAUSE WATER AS YOU NOTE LAWS OF PHYSICALLICS IT DOES NOT GO UP HILL WATER GOES DOWN HILL. AND THAT CANAL DIRECTLY GOES INTO LAKE NUMBER TWO WE ARE FORCED TO FOR THE SAFETY OF OUR CONDOS, WHICH IS 264 UNIT ORDERS WE WILL FLOODOUT. SO WATER WAS UP TO THE UP THE ROAD. THERE IS NO CONSIDERATION ON THAT FOR WATER FLOW. THEY DEPEND ON GRAVITY UNLESS THE LAWS OF NATURE HAVE CHANGED IT GOES DOWN HILL. SO THAT'S MY MAIN CONCERN. ALSO, THE ENVIRONMENTAL IMPACT IN MENTIONED TOURISTS. BUT SECTION 3 HAS BEEN INUNDATED [INAUDIBLE] SINCE THEY HAVE BEEN DISTURBING THE GROUNDS WORKING ON IT. SECTION 3 TRAP 18ED FELLED PIGS WHICH HAD TO BE DISPOSED OF. AS YOU KNOW THEY ARE VICIOUS WITH THEIR TUSKS. WE HAVE HAD AN INFLUX OF ALLIGATORS. WE'VE HAD SNAKES, WE NEVER HAD THIS BEFORE THE LANDING WAS DISTURBED. >> THANK YOU, SIR. >> THANK YOU, SIR. >> I WAS GOING MS. COX DO YOU NEED HIM TO SPELL HIS NAME FOR YOU? >> YOUR LAST NAME. >> B-O-U-F-F-A-R-D. I'VE BEEN KEEPING A LOG JUST JUST TO LET YOU KNOW AS A FORMER PERSON OKAY I HAVE A LOG OF ALL MY CONCERNS BUT I KNOW I HAVE ONLY THREE MINUTES. >> THANK YOU, SIR. >> IF YOU HAVE ANY QUESTIONS I WILL GLADLY ANSWER THEM. >> THANK YOU VERY MUCH. >> YOU'RE WELCOME. ANYONE ELSE WISHING TO ADDRESS THE COMMISSION PLEASE COME FORWARD. ANYONE ELSE? >> HI. MY NAME IS CLIFF SAVAGE. I WORK AT HIGH POINT IN FORT PIERCE AND I HAVE BEEN THERE FOR 38 YEARS. I'M AWARE OF THE DRAINAGE AND THE PROBLEMS THAT WE HAVE WHENEVER WE HAVE FLOODING. WE DO HAVE A MAJOR PUMP THAT PUMPS OUT OUR WATER. AND I UNDERSTAND WITH THE NEW DEVELOPMENT THAT IT'S GOING IN TO OUR SOUTH THAT WE DON'T NEED ANY MORE WATER ENCOMPASSING OUR PROJECT. EXCUSE ME. WHEN WE HAVE FLOODING WE GET WATER FROM THE SOUTH COMING INTO OUR DEVELOPMENT IN TWO DIFFERENT PLACES. AND IN THE PAST WE HAVE ACTUALLY HAD TO PUT SANDBAGS UP TO STOP THE WATER COMING IN TO HIGH POINT. WHICH, WENT ON FOR DAYS AT THE TIME WHENEVER WE DID HAVE FLOODING. BUT, WHAT WE WANT TO TRY AND DO IS BRING THE ATTENTION THAT WE NEED SOME TYPE OF A BERM TO KEEP THE WATER OUT OF OUR SECTION OR OUT OF OUR PROJECT THERE SO THAT WE DON'T GET INUNDATED WITH THE NEW WATER THAT'S COMING IN. WE WANT TO KEEP IT SEPARATE FROM OUR WATER. >> THANK YOU VERY MUCH, SIR. ANYONE ELSE WISHING TO ADDRESS THIS ISSUE? >> HELLO I'M FROM HIGH POINT SECTION 3 FORMER SCHOOLTEACHER ST. LUCIE COUNTY SCHOOLS. MY EX-HUSBAND WHO HAS BEEN A ZONING OFFICER FOR LYNCHBURG OF VIRGINIA HE'S VERY CONCERNED ABOUT ALL OF THIS STUFF GOING ON THERE. HE WAS CONCERNED ABOUT WAS THERE A REALLY GOOD TRAFFIC STUDY OR JUST ASK THE STATE HEY IS IT OKAY FOR THE -- WHAT IS THE COST OF EXTRA POLICE, EXTRA TEACHERS. I UNDERSTAND WE ARE 800 TEACHERS SHORT THIS YEAR FOR ST. LUCIE COUNTY SCHOOLS. HAVE YOU 650+ THE CONDOS COMING IN. WHERE ARE THEY GOING TO GO TO SCHOOL? I UNDERSTAND ALSO THAT FORT PIERCE CENTER WHICH IS A PLACE WHERE THEY WOULD GO FOR HIGH SCHOOL IF THEY ARE IN HIGH SCHOOL THEY'RE AT CAPACITY. ARE WE GOING TO RAISE THE TAXES ON TOP OF RAISING THE ELECTRICITY WHICH IS NOT THEIR PROBLEM IT'S NOT THEIR FAULT. HOW ARE WE GOING TO PLAN FOR PAYING ALL OF THESE THINGS? I'M SO CONCERNED 1300 CARS, TWO CARS PER HOUSEHOLD OUT OF THERE WAS A STUDY DONE [01:40:04] DURING THE SUMMERTIME WHEN THERE'S AVAILABLE TRAFFIC OR DID YOU DO IT IN THE WINTERTIME WHEN WE GET ALL OF THE SUN BIRDS COMING DOWN FROM UP NORTH. I'M ALSO CONCERNED WITH THE WILDLIFE. HE AN ALLIGATOR ON MY FRONT PORCH. AN ALLIGATOR. I GOT PICTURES OF THE DARN THING I PUT IT ON FACEBOOK. EVERYBODY IS GOING WHAT YOU GOT AN ALLIGATOR ON YOUR FRONT PORCH. YEAH. ALLIGATOR. I HAD TO CALL AND GET SOMEBODY TO COME AND GET RID OF THE ALLIGATOR I COULDN'T GET IT OUT OF MY HOUSE. THAT CONCERNS ME. MORE PEOPLE COMING AND I'M STILL CONCERNED WITH THE WATERSHED. WE HAVE -- YOU USE A BOTTLE OF WATER IT WILL HAVE A HOLE MY EX-HUSBAND SAID YOU WILL HAVE MULTIPLE HOLES SO PLEASE CONSIDER THAT WE NEED A LITTLE BIT MORE CARE ABOUT WHAT THESE PEOPLE ARE DOING, WHAT THEY WANT TO DO. DEFINITELY WE NEED MORE LIGHT OR WE'RE GOING TO HAVE AN ACCIDENT WAITING TO HAPPEN. IT TOOK ME A LONG TIME JUST EVEN TO GET OUT OF THE HOUSE TODAY THE TRAFFIC WAS SO BAD AT 4:00 THIS AFTERNOON. THAT'S IN THE SUMMERTIME WITHOUT THE SCHOOL BUSES, WITHOUT PARENTS GOING BACK AND FORTH PICKING UP KIDS. I'M CONCERNED ABOUT ALL OF THIS. THE WILDLIFE, THE WATERSHED, THE TRAFFIC. POSSIBLE POLLUTION. I REALLY AM VERY CONCERNED ABOUT IT AND I'M LOOKING AT DEVELOPMENT AFTER DEVELOPMENT AFTER DEVELOPMENT WHERE WE'RE GOING TO STOP. I KNOW WE NEED A TAX BASE. I'M AWARE OF THAT. PLEASE DON'T MAKE IT A CATCH-22. IT REALLY, REALLY WORRIES ME. THANK YOU FOR YOUR TIME. >> THANK YOU, MA'AM. ANYONE ELSE WISHING TO ADDRESS THIS ISSUE PLEASE COME FORWARD. >> MAYOR, COMMISSIONERS MY NAME IS TIMOTHY MILLER 733 HIGH POINT BOULVARD E 1. I'M THE TREASURER OF SECTION 3 HIGH POINT. I'M NOT GOING TO TRY TO I KNOW BURT OBVIOUSLY AND THE OTHER GENTLEMAN SPOKE FOR HIGH POINT I WORK AMONG THEM THERE. BUT THERE REALLY IS A CONCERN AS FAR AS THE DRAINING BUT ALL I ASK IS BASICALLY NO HARM IS DONE. I'M NOT AGAINST DEVELOPMENT THAT'S FINE, RIGHT. BUT THE ISSUE IS JUST DON'T DO MORE HARM THAN IS ALREADY THERE. I UNDERSTAND, RIGHT. BUT THE SOUTHWEST CORNER WHERE I KNOW CLIFF SPOKE ABOUT THIS. THERE'S THE CANAL AND THE DRAINAGE OF THAT SITE SHOULD NOT GO INTO THAT CANAL THAT BORDERS WITH HIGH POINT ANY WATER WE HAVE TO PAY FOR ELECTRICITY TO PUMP IT INTO THE SAVANNAHS AFTERWARDS THAT WOULD BE A BURDEN ON US THAT I DON'T THINK WOULD BE FAIR TO US. I THINK THE OTHER THING TOO IS THE WILDLIFE. I'M THE ONE WHO WROTE THE CHECK TO PAY THE TRAPPER TO GET RID OF THE PIGS 17 FERRELL PIGS AND ALREADY SIX MORE BACK IN THERE. WE HAVE TO PAY THE TRAPPER AGAIN. YOU DON'T WANT ANY MORE I WOULD JUST ASK YOU TO TAKE INTO CONSIDERATION I LOOKED A LOT ABOUT THE PAPERWORK ON-LINE THERE I DIDN'T SEE A NEW DEVELOPMENT VERSUS OUR PLACE AS BURT SAID OBVIOUSLY GRAVITY IF IT'S HIGHER THEN WATER WILL COME OUR WAY. I COULDN'T SEE THE DRAINAGE PLANTED. I THINK FPUA ASKED A QUESTION OR HAD A STATEMENT THERE. THEY ASKED THE SAME QUESTION ABOUT THE DRAINAGE. IT SAID IT WOULD BE ADDRESSED AT A LATER TIME. I DIDN'T SEE WHERE IT TALKED ABOUT THE DRAINAGE PLAN ITSELF OFF THAT SITE. AT SOME POINT IF THAT DRAINAGE PLAN CAN BE PUT ON-LINE OR AT LEAST CALLED OUT THAT WOULD BE GREAT. >> THANK YOU, SIR. ANYONE ELSE WISHING TO ADDRESS THIS PLEASE COME FORWARD. ANYONE ELSE? OKAY. I'LL CLOSE DOES THE APPLICANT WANT TO SAY ANYTHING? >> MADAM MAYOR, VERY BRIEFLY, NOT REALLY. THE ISSUES THAT WE'RE TALKING ABOUT ARE CONSTRUCTION PERMITTING ISSUES WE HAD A LENGTHY DISCUSSION ON. THAT AS WE SAID BEFORE WE WILL MEET WITH OUR NEIGHBORS AS OFTEN AS FREQUENTLY HOWEVER WE GOT TO MEET WITH THEM TO EXPLAIN WHAT'S GOING ON HOW IT'S GOING TO AFFECT THEM HOW IT'S NOT GOING TO AFFECT THEM. WE HAVE CONTINUED TO DO THAT. I AM INTERESTED IN HEARING ABOUT SOME OF THE FERAL PIG ISSUES. WE HAVEN'T REALLY BEEN OUT THERE THAT MUCH AND I DON'T KNOW WHAT'S SPOOKING THEM OUT THAT WAY RIGHT NOW. [01:45:01] IT COULD BE INTERESTING. >> OKAY. THANK YOU VERY MUCH. ALL RIGHTY. CLOSE THE PUBLIC HEARING. ENTERTAIN DISCUSSION. OR A MOTION. THIS IS FOR REZONING QUASI-JUDICIAL HEARING IS NEXT. FOR PRELIMINARY PLAT >> STAFF YOU HAVE HEARD SOME OF THE CONCERNS HERE AND SOME OF THE TECHNICAL PARTS OF THIS WE'VE COVERED. I DON'T WANT TO REHASH THAT. THE TECHNICAL PARTS OF THIS IS WHAT WE RELY ON STAFF TO GET THIS KIND OF STUFF ANSWERED AND DONE AND BRING BACK AND YOUR ABILITY AND POWERS TO STOP BUILDING OR STOP THE PROCESS NOT EVEN BUILDING STOP THE PROCESS BEFORE IT EVEN GETS STARTED IS IN YOUR HANDS. SO DO YOU HAVE ANY COMMENTS THAT YOU CAN ADD AT THIS POINT THAT WOULD BE BENEFICIAL TO THAT? >> I CAN ONLY REASSURE THE PUBLIC AND INTERESTED PARTIES THAT CONSTRUCTION PLANS ARE REVIEWED VERY IN GREAT DETAIL BY QUALIFIED ENGINEERS AND THEY'RE PREPARED BY QUALIFIED ENGINEERS. WE DO HAVE SOME OF THE INFORMATION THAT HAS BEEN REMARKED ON IN TERMS OF THE TOPPOGRAPHY OF THE PROPERTY THAT'S ALREADY BEEN REVIEWED. OKAY. >> EXCUSE ME CAN YOU SPEAK UP OR MAYBE A LITTLE CLOSER TO THE MIC THEY CAN'T HEAR YOU BACK THERE. >> SO WE WILL BE ENCOURAGING THE DEVELOPER TO MEET REGULARLY WITH THE H.O.A.S OF BOTH SOUTH AND NORTH PROPERTIES. I COMMIT FROM A STAFF POINT OF VIEW WE'LL BE KEEPING THEM UP TO DATE IN WHATEVER PROGRESS IS MADE IN TERMS OF THE STORM WATER AND DESIGN AND THE IMPLICATIONS OF ANY FWHEARM IS PROPOSED. IF ANY CHANGES ARE MADE TO THOSE STAFF WILL BE BRINGING THOSE TO THE CITY COMMISSION. I SAID YOU WILL BE LOOKING AT THE TOPOGRAPHY OF THAT? ANYTHING JUMP OUT AS FAR AS TOPOGRAPHY THAT YOU LOOK AT? >> I GAVE IT A VERY PRELIMINARY OVERVIEW MYSELF. I DID TAKE NOTE OF THE APPLICANTS STATEMENTS TO WHAT I WAS HEARING IN TERMS OF THE ELEVATIONS OF THE LAND AND THE LIKELY. >> AND I WOULD LIKE TO REITERATE WHAT WE TALKED ABOUT LAST TIME IT IS THE RESPONSIBILITY OF OUR STAFF WORKING WITH THE DEVELOPER THAT WE DON'T EXACERBATE ANY KIND OF DRAINAGE PERFORMS ON EITHER SIDE OF THIS DEVELOPMENT. >> ABSOLUTELY. CORRECT. >> THAT'S OUR RESPONSIBILITY. >> OUR RESPONSIBILITY IS TO ENSURE THAT THE PROPOSED ENGINEERING PLANS COMPLY WITH THE CITY'S ORDINANCES AND REGULATIONS AND THOSE ARE DESIGNED TO PROTECT EXISTING RESIDENTS. WHEN YOU LAND CLEARING OF SOMETHING THAT HAS BEEN UNTOUCHED THAT THE WILDLIFE HAS MADE ITSELF VERY COMFORTABLE IN THAT AND THEN ALL OF A SUDDEN THEY'VE BEEN DISTURBED AND THEY'RE NOT COMFORTABLE AND ACTUALLY THAT SNAKES AND ALLIGATORS ARE THEY WERE HERE BEFORE WE WERE. AND THEY'VE BEEN REDUCED VASTLY IN NUMBER. BUT, BUT THE PRISTINE OR THE UNTOUCHED NATURE OF THIS PROPERTY WOULD SAY TO ME THAT THERE PROBABLY IS WILDLIFE IN THERE THAT'S GOING TO BE DISTURBED WHEN THIS IS CLEARED IT'S JUST GOING TO HAPPEN. ANY OTHER QUESTIONS ANY OTHERS. >> IN RECOMMENDATIONS IN NUMBER 5 YOU SPOKE ABOUT LOCATION OF A BERM IN ST. LUCIE COUNTY. IT'S NOT BEEN DEFINED AND YOU ALSO IN NUMBER 6 THE CONFIRMATION OF THE [01:50:02] MAINTENANCE SCHEDULE. WE'LL HAVE -- WILL WE HAVE AN OPPORTUNITY TO BE ABLE TO DEFINE THOSE A LITTLE BIT MORE SPECIFIC PERHAPS IN THE CONSTRUCTION PROCESS? >> WHERE WE ARE AT THE MOMENT THERE'S AN AGREEMENT TO PROVIDE A BERM IN A CERTAIN LOCATION IF THAT CHANGES THEN THAT WILL COME BACK TO THE CITY COMMISSION. >> RIGHT. >> WE DON'T HAVE FULL DETAILS YET, FULL ENGINEERING DETAILS OF THE CONSTRUCTION OR THE EXACT LOCATION OF THAT BERM. >> SO THE MAINTENANCE OF THAT BERM JUST SAYS THAT WE HAVE TO HAVE AN AGREEMENT OF A MAINTENANCE. WILL WILL AT ANY TIME BE AN OPPORTUNITY FOR THIS COMMISSION TO BE ABLE BE ABLE TO REVIEW WHAT THAT MAINTENANCE IS? >> IF COMMISSION SO DECIDE BY PLACING THAT IN THE CONDITION NOW THEN, YES. AT THE MOMENT, THE CONDITIONS DON'T MANDATE THAT THAT COMES BACK TO THE CITY COMMISSION. >> WELL, IS THERE A LEVEL STANDARD OF MAINTENANCE? I'M ASSUMING THAT THERE IS BECAUSE IF THE PLANNING BOARD AND OUR PLANNING DEPARTMENT SAID THAT THAT IS A CONDITION THEREFORE THERE MUST BE A STANDARD SET THAT THAT'S ASSUMED. >> YES. ONCE THE DESIGN IS APPROVED AND SIGNED OFF BOTH BY A REVIEW BY THE CITY TEAM AND ALSO BY THE QUALIFIED ENGINEER OF RECORD WHO DESIGNS THE STORM WATER SYSTEM FOR THAT PROPERTY THEN THERE ARE SECTIONS WITHIN THE CITY CODE THAT ISN'T MAINTAINED IN THE CONTINUE THAT IT WAS APPROVED IN PERPETUITY THAT IS ACTUALLY AND I CAN'T RECALL THE EXACT ORDINANCE BUT IT IS IN THE CITY'S ORDINANCE THAT THAT IS THE CASE AND THE CITY'S ENGINEER AS PURVIEW TO INSPECT THAT AND ENSURE THAT IT'S WORKING. >> OKAY, SO THE MAINTENANCE, THE MAINS AGREEMENT HAS TO BE ORDAINED BY THE CITY ENGINEER THEN? >> YES, WE WILL LOOK AT THAT AGAIN ENSURE THAT IT FULFILLS THE INTENT THAT WITH UNDERSTAND COMING FROM THE CITY COMMISSION. >> I'M COMFORTABLE ENOUGH THAT IF WE JUST READ THAT INTO THE RECORD. >> YES. SO THERE ARE SIX CONDITIONS ATTACHED DOES ANYBODY WANT TO SEE THOSE CONDITIONS? >> I HAVE IT RIGHT IN FRONT OF ME. >> I HAVE IT TOO. >> MADAM MAYOR. >> YES, SIR. >> SINCE WE'RE TALKING ABOUT THE CONDITIONS JUST MAKE THE RECORD CLEAR THAT IF ONE OF THESE CONDITIONS IS NOT MET THE PROJECT DOESN'T GO FORWARD, CORRECT? >> CORRECT. UNLESS IT COMES BACK TO THE CITY COMMISSION FOR AN AMENDMENT TO YOU KNOW REMOVE OR ADD TO THE CONDITION THAT'S SPECIFIED TONIGHT. >> RIGHT. SO WE HAVE SIX I READ IT BEFORE I READ IT BEFORE I GOT HERE. WE HAVE SIX RIGHT NOW. >> YES. >> AS WE SIT HERE. >> YES. >> IF FOR SOME REASON SOMEONE COMES BACK OR THERE IS A SEVENTH OR THERE IS ANG ABSENCE AND THERE'S NOW FIVE, THAT CAN'T BE DONE WITHOUT COMING BACK IN FRONT OF US, CORRECT? >> CORRECT. >> OKAY. MADAM MAYOR. I MAKE A MOTION TO A-- IMATION A MOTION TO APPROVE. >> SECOND. >> WITH CONDITIONS. WITH STAFF CONDITIONS. >> I SECOND WITH THE SIX CONDITIONS. >> YOU HAVE A QUESTION. >>. >> YOU HAVE A QUESTION? GO AHEAD. >> COMMISSIONER PERONA ARE YOU INCLUDING THE CONDITION THAT YOU JUST SPOKE ABOUT. >> ON THE MAINTENANCE? >> BECAUSE YOU READ INTO IT RECORD. >> I READ IT INTO THE RECORD THE PROCESS BY WHICH STAFF WILL STAFF WILL ORDAIN THE MAINTENANCE SCHEDULE AS PART AS BEING A SUCCESSFUL MAINTENANCE SCHEDULE. I'M NOT AN ENGINEER I CAN'T SET INTO -- I JUST YOU KNOW HAVING A MAINTENANCE AGREEMENT IS ONE THING. BUT HAVING ONE THAT FITS A CERTAIN STANDARD THAT OUR ENGINEERING DEPARTMENT WILL WEIGH IN ON THE PART THAT I JUST WANTED TO HAVE IN THE RECORD TO KNOW THAT THAT'S THE DEFINITION OF THE AGREEMENT. >> I JUST WANT TO BE CLEAR FOR MYSELF, I'M GOING TO TURN TO MADAM ATTORNEY HERE, HOW DO WE DO THAT? IS IT JUST READ INTO THE RECORD OR SHOULD IT BE ADDED OR SHOULD NUMBER I THINK IT'S NUMBER 5, IF IT'S RIGHT I GUESS THAT'S THE MAINTENANCE AGREEMENT. >> 6. [01:55:01] >> NUMBER 6 SHOULD THAT BE REWRITTEN WHILE WE'RE HERE SO THE RECORD WILL BE CLEAR OR WAS WHAT COMMISSIONER PERONA JUST STATED FOR THE RECORD CLEAR ENOUGH? >> MADAM MAYOR, COMMISSIONERS I WOULD PREFER THAT ITEM 6 BE CLARIFIED FOR THE RECORD AND THAT THAT CLARIFICATION THE LANGUAGE THAT YOU WANT BE PUT IN THE MOTION SO THAT THERE'S NO DOUBT OR CONCERN. IT CAN BE GENERAL LANGUAGE IT DOESN'T NEED TO BE WITH THE SPECIFICATION THAT AN ENGINEER WOULD USE, COMMISSIONERS, BUT, GIVE YOUR DIRECTION OF HOW YOU WANT WHAT YOU WANT STAFF TO DO BASICALLY AND WHAT IS THE CONDITION? OTHERWISE, YOU KNOW, ANOTHER OPTION WOULD TO BE REFER GENERALLY TO THE APPLICABLE SECTIONS OF THE CODE RELATED TO MAINTENANCE. >> OKAY. THAT'S NOT A PROBLEM. SO IN DISCUSSION SINCE WE'RE STILL IN DISCUSSION. MY THOUGHTS ARE THAT THE APPLICANT SHALL PROVIDE CONFIRMATION OF A MAINTENANCE AGREEMENT TO THE CITY WITH ST. LUCIE COUNTY FOR THE INSTALLATION OF A BERM AND THAT MAINTENANCE AGREEMENT WILL BE, THAT'S WHERE WE NEED TO INSERT THE LANGUAGE. AND I THINK IT NEEDS TO BE IS IT ACCEPTED. WHAT'S THE TERM FOR GETTING IT PASSED THROUGH ENGINEERING? -- >> APPROVED. >> JUST APPROVED BY ENGINEERING DEPARTMENT BY THE CITY ENGINEER. >> YES. >> SO YOU HAPPY WITH THAT? >> SO WE'LL ADD THAT LANGUAGE TO THAT MAINTENANCE AGREEMENT WITH ST. LUCIE COUNTY FOR THE INSTALLATION OF A BERM AND THAT MAINTENANCE AGREEMENT WILL HAVE THE APPROVAL OF THE CITY OF CITY ENGINEER OF T THE CITY OF FORT PIERCE. >> I CAN DEAL WITH THAT. I CAN DEAL WITH THAT BECAUSE NOW IT'S NOT AN OPEN-ENDED PARAGRAPH. >> YOU BROUGHT SOME OF THAT ATTORNEY WITH YOU TO THE MEETING. I'M REALLY HAPPY ABOUT THAT. >> I TRIED NOT TO BUT I'M SITTING -- >> WITH MISSED THAT. >> WE'RE GLAD YOU TO DO. MR. FREEMAN. >> I WOULD LIKE TO INSERT INTO THAT I FOUND OUT THE CHAPTER THAT'S RELEVANT IS CHAPTER 119 OF THE CITY'S CODE OF ORDINANCES WHICH DEALS WITH STORM WATER MANAGEMENT. SO ANY MAINTENANCE AGREEMENT NEEDS TO TAKE INTO ACCOUNT THE CHAPTER 119 OF THE CITY'S CODE OF ORDINANCE AND THEREFORE A MAINTENANCE AGREEMENT WILL NEED TO BE APPROVED BY THE CITY ENGINEER AND THAT MAINTENANCE AGREEMENT WILL BE HELD IN PERPETUITY FOR THIS DEVELOPMENT. >> I LIKE THAT LANGUAGE. >> WHAT HE SAID, RIGHT? [LAUGHTER] MADAM CLERK. >> I THINK I GOT THAT. >> DON'T CALL ME. >> CALL HIM. >> CALL KEVIN. >> YOU ARE AMENDING YOUR MOTION. >> I AMEND THE MOTION TO INCLUDE THAT LANGUAGE. >> IN NUMBER 6. >> I WILL SECOND THAT. YES. >> GOOD. YOU GOOD. >> I'M GOOD. YOU READY TO VOTE. CALL THE ROLL PLEASE. [b. Quasi-Judicial Hearing Postponed from June 21, 2022 and July 5, 2022 - Review and approval of an application for Preliminary Plat, submitted by Property Owner(s) Karma Capital Investments, LP and Applicant, Kolter Land Partners, LLC (Culpepper & Terpening, Inc.), to subdivide approximately 132.7 acres of land (more or less) for The Preserve at Savannah Lakes Planned Development located at or near the east side of S US Highway 1 at the intersection of Dickson Drive and lying North of the existing Gator Trace Planned Development in Fort Pierce, FL. The Developer/Applicant is required to enter into an agreement with the City of Fort Pierce and post the appropriate bond regarding the completion of the outstanding site work during the Final Plat approval process. The property is currently zoned General Commercial (C-3) and Planned Development (PD) Parcel Control Numbers: 2427-433-0002-000-1, 2427-433-0001-000-4, 2434-121-0001-000-8, 2426-333-0015-000-5.] QUASI-JUDICIAL HEARING FOR PRELIMINARY PLAT SUBMITTED BY PROPERTY OWNERS KARMA CAPITAL INVESTMENTS LP AM CAN'T KOLTER LAND PARTNERS TO SUBDIVIDE APPROXIMATELY 132.7 ACRES OF LAND OR LESS AT THE INTERSECTION OF DIXON DRIVING AND LYING NORTH OF THE GATER TRACE PLANNED DEVELOPMENT IN FORT PIERCE, FLORIDA. THE DEVELOPER APPLICANT IS REQUIRED TO ENTER INTO AN AGREEMENT WITH THE CITY OF FORT PIERCE AND POST THE APPROPRIATE BOND REGARDING THE COMPLETION OF THE OUTSTANDING SITE WORK DURING THE FINAL PLAT APPROVAL PROCESS. THE PROPERTY IS CURRENTLY ZONED GENERAL COMMERCIAL, C-3 AND PLANNED DEVELOPMENT BUT ACTUALLY NOW IT'S C. >> ARE YOU DONE IS THAT IT MS. COX. >> YES, MA'AM. >> NOW WE HAVE QUASI-JUDICIAL PROCEDURES. IT'S MY UNDERSTANDING WE HAVE TWO INTERVENERS. PAY ATTENTION TO THE CITY ATTORNEY SHE WILL OUTLINE THE PROCEDURES. >> YES, I AM, THANK YOU. THE CITY COMMISSION SERVES BOTH A LEGISLATIVE AND QUASI-JUDICIAL ROLE. THE COMMISSION ENGAGES IN LAW MAKI BY PASSING LAWS AND ESTABLISHING POLICIES. WHEN ACTING AS A QUASI-JUDICIAL BODY THE COMMISSION APPLIES THOSE LAWS AND POLICIES AND IS HELD TO STRICTER PROCEDURAL REQUIREMENTS. QUASI-JUDICIAL PROCEEDINGS ARE LESS FORMAL THAN PROCEEDINGS BEFORE A CIRCUIT COURT BUT ARE MORE FORMAL THAN THE NORMAL COMMISSION MEETING. QUASI-JUDICIAL PROCEEDINGS [02:00:04] MUST FOLLOW BASIC STANDARDS OF NOTICE AND DUE PROCESS AND DECISIONS MUST BE BASED ON SUBSTANTIAL EVIDENCE THAT IS WHY THE COMMISSION HAS ESTABLISHED THE UNIFORM PROCEDURES FOR QUASI-JUDICIAL HEARINGS. THAT WILL BE FOLLOWED THIS EVENING. FINALLY NO ONE SHOULD APPROACH ANY MEMBER OF THE CITY DECISION THE CITY ATTORNEY OR THE CITY CLERK DURING THE HEARING. IF DOCUMENTS ARE TO BE GIVEN TO THE CITY CLERK PLEASE GIVE THEM TO THE SERGEANT AT ARMS WHICH IS ONE OF THE TWO POLICE OFFICERS IN THE CHAMBER. >> THANK YOU. THESE PROCEDURES ARE NOW CALLED TO -- PROCEEDINGS ARE NOW CALLED TO ORDER. WILL THE CITY CLERK. >> YES, MA'AM THE CITY HAS MET THE ADVERTISING REQUIREMENTS FOR THIS ITEM. >> AT THE TIME ANY EX PARTE COMMUNICATIONS SHOULD BE DISCLOSED BY EACH MEMBER OF THE CITY COMMISSION. >> COMMISSIONER GAINES? EX PARTE COMMUNICATION. >> I'M TRYING TO REMEMBER IF I RECEIVED AN E-MAIL OR NOT. IN ABUNDANCE OF CAUTION I WILL SAY YES BECAUSE I THINK I RECEIVED ANG E-MAIL. >> OKAY. MAYBE YOU COULD PULL YOUR MICROPHONE I WOULD GREATLY THIS. OUT OF ABUNDANCE OF CAUTION I THINK I RECEIVED AN E-MAIL SO I WILL SAY YES. >> COMMISSIONER C. JOHNSON. >> YES. >> COMMISSIONER PERONA? >> YES, I MET WITH THE REPRESENTATIVE THE APPLICANT AND E-MAILS. >> THANK YOU, MAYOR HUDSON. >> I HAVE RECEIVED E-MAILS ON THIS TOPIC. >> THANK YOU. >> SO WE WILL NOW PROCEED TO OPEN THE HEARING ON THIS MATTER. WILL THE CITY CLERK PLEASE SWEAR IN THE WITNESSES. >> ANYONE WISHING TO SPEAK ON THIS ITEM PLEASE STAND AND RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? >> I DO. >> THANK YOU. >> ALL RIGHTY. SO, THE CITY STAFF WILL NOW MAKE ITS PRESENTATION ON THIS MATTER AND IT'S WHEN THEY ARE AS THEY ARE GIVING THEIR PRESENTATION IT'S TIME FOR THE COMMISSION TO ASK QUESTIONS AND STAFF HAS A MAXIMUM OF 20 MINUTES. PLEASE PROCEED. >> GOOD EVENING MADAM MAYOR, COMMISSIONERS. BEFORE YOU WE HAVE AN APPLICATION FOR A PRELIMINARY PLAT FOR SAVANNAH PRESERVE PLANNED DEVELOPMENT. THE PRELIMINARY PLAT FOR THE SUBDIVISION TITLE THE PRESERVE AT SAVANNAH LAKES STAFF IS RECOMMENDING APPROVAL OF THE REQUEST. THE PRELIMINARY PLAT MEANS THE CRITERIA AS SPECIFIED IN CHAPTER 121 OF THE CODE OF ORDINANCES THIS CONSISTENT WITH THE LAND DEVELOPMENT CODE AND COMPREHENSIVE PLANNING. BEFORE YOU IS THE PLANNED PLAT WHICH CONSISTS OF 650 PLATTED LOTS. PLANNING BOARD AT THEIR MAY 9TH, 2022 MEETING VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THE REQUEST WITH FOLLOWING CONDITIONS. ONE THE BERM WILL BE MAINTAINEDDED BY THE PROPERTY OWNER NUMBER TWO THE BERM WILL BE LOCATED IN THE NORTHERN PORTION OF ST. LUCIE EASEMENT ON APPLICANT'S PROPERTY. NUMBER THREE ANY LOCATION TO THE LOCATION OF THE BERM WILL NEED TO BE REVIEWED BY THE PLANNING BOARD. STAFF IS RECOMMENDING APPROVAL TO THE CITY COMMISSION SUBJECT TO ONE CONDITION OF APPROVAL PRIOR TO THE SUBMITAL OF THE FINAL PLAT THE APPLICANT SHALL ADDRESS ALL THE CITY OF FORT PIERCE ENGINEERING COMMENTS ON THE PLAT DOCUMENT. POSSIBLE ACTIONS OF THE CITY COMMISSION APPROVAL OF THE PROPOSED PRELIMINARY PLAT WITH CHANGES OR DISAPPROVAL. THANK YOU. >> MR. GILMORE THE RECOMMENDATIONS OF THE FLANNING BOARD ARE NOT THE FINAL RECOMMENDATIONS? YOU JUST INFORMING US OF THOSE IS THAT CORRECT? >> CORRECT. THEY DID BRING THIS UP AGAIN DURING THE PRELIMINARY PLAT APPROVAL, HOWEVER, WE HAVE ADDED THOSE CONCERNS PERTAINING TO THE BERM TO THE PD. >> SO THEY'RE INCORPORATED ALREADY? >> CORRECT. >> IT'S CORRECT. >> COMMISSION DO HAVE THE OPTION OF REITERATING THE CONSCIENCE THAT ARE ATTACHED TO THE PD WITHIN THE PRELIMINARY PLAT. BEAR IN MIND THAT THE FINAL PLAT WILL BE HAVING WILL BE HAVING TO BE DONE SUBSEQUENTLY TO THIS IF THIS GETS APPROVED. SO COMMISSION WILL PROBABLY SEE THAT ONE AS WELL. >> SO THAT WILL HAVE TO GO BACK THROUGH THE PROCESS THROUGH THE PLANNING BOARD ALSO. IS THAT CORRECT? >> YES. >> ALL RIGHTY. ANY OTHER QUESTIONS OF STAFF? >> I HAVE ONE QUESTION. >> SURE. >>. >> CAN WE GO BACK TO WHERE IT TALKS ABOUT THE BERM. YOU NEED TO MOVE YOUR MIC FOR SOME REASON IT'S NOT -- [02:05:03] IN THE NORTHERN PART. AM I JUST TIRED OR WERE WE TALKING ABOUT THIS BERM BEING ON THE SOUTHERN PART? ALL ANOTHER DOCUMENTS THAT I RECEIVED AND WE HAVE TALKED ABOUT I THOUGHT THE BERM WAS SUPPOSED TO BE THE WHOLE CONTROVERSY WAS THE BERM WAS SUPPOSED TO BE ON THE SOUTHERN PART. I KNOW IT INITIALLY WAS ON ANOTHER PART BUT THEN THEY SAID THE SOUTHERN PART. SO ARE WE NOW GOING BACK TO THE NORTHERN PART OR STILL TRYING TO BE BUILT ON THE SOUTHERN PART? >> THESE WERE THE RECOMMENDATIONS OF THE PLANNING BOARD. SO THE PLANNING BOARD WANTS IT TO BE ON THE NORTHERN PART? >> CORRECT. >> THANK YOU. ANY OTHER QUESTIONS OF STAFF? THIS IS THE TIME. >> SO LET ME BE CLEAR THEN BASED ON THIS AND IF WE WERE TO IMPOSE THE OTHER PD THAT WE JUST APPROVED CONDITIONS HERE THEN THIS WOULD HAVE TO GO BACK TO THE PLANNING BOARD TO LOOK AT THIS PLAT, CORRECT? BECAUSE THAT'S A MAJOR CHANGE WE'RE MAKING -- >> THAT IT WAS A RECOMMENDATION MADE BY THE PLANNING BOARD THAT IT WOULD GO BACK IF THE BERM WAS CHANGED THAT WAS NOT INCORPORATED INTO THE CONDITIONS. WE HAVE CONDITIONS ATTACHED TO THE PD. IT IS IN THE POWER OF THE CITY COMMISSION TO ATTACH THOSE TO THE PRELIMINARY PLAT. >> THAT'S WHAT I WANTED TO HEAR BECAUSE THAT'S WHERE I'M MORE COMFORTABLE. WE'RE A PLANNING BOARD WE CERTAINLY UNDERSTAND AND THANK THOSE ON THERE WITH THEIR TECHNICAL EXPERTISE AND ALL OF THAT. BUT THE CONDITIONS THAT WE LOOKED AT AND WERE FORMED CAME FROM STAFF RECOMMENDATION AND ALSO REVIEW. I'M MUCH MORE COMFORTABLE, ESPECIALLY IN LIGHT OF WHAT WE HAVE JUST AMENDED TO SOME OF THAT SO WE HAVE SOME ASSURITIES FOR THE PUBLIC TO MAKE SURE THAT WE ARE PROTECTING PROPERTY OWNERS ON BOTH SIDES, AS WELL AS THE DEVELOPER AND THEIR PROPERTY RIGHTS TO DEVELOP THEIR PROPERTY THAT THEY OWN. OKAY. ANY OTHER QUESTIONS OF STAFF? >> OKAY. YOU ARE NOW EXCUSED. AND THEN BUT BEFORE YOU GO IT'S LET'S SEE LET ME FIND MY PLACE HERE. IT'S TIME FOR THE STAFF TO BE ASKED BY THE APPLICANT AND THE PARTY INTERVENERS DO YOU HAVE ANY QUESTIONS OF STAFF? NO? SEA SAY YOUR NAME. >> FOR THE RECORD MY NAME IS DENNIS MURPHY. FOR THE PROJECT MANAGEMENT SAVANNAH PRESERVE. OKAY. I SAID IT NUMBER ONE MANY TIMES TO COME IN DIRECT ANSWER TO YOUR QUESTION DO WE HAVE ANY QUESTIONS OF STAFF AT THIS TIME, NO. >> THANK YOU VERY MUCH. DOES PARTY INTERVENER NUMBER ONE HAVE QUESTIONS OF STAFF? >> MAYOR MY IS NUMBER ONE. >> PEER GOING TO MAKE YOU NUMBER ONE. >> FOR THE RECORD I'M DAVID EARL REPRESENTING GATOR TRACE ASSOCIATION. GENTLEMEN, THIS IS A PRELIMINARY PLAT PENDING CURRENTLY BEFORE THE COMMISSION, CORRECT? PRELIMINARY PLAT IS SUPPOSED TO INDICATE SHALL INDICATE NATURAL AND MANMADE FEATURES WITHIN THE PROPOSED SUBDIVISION INCLUDING DRAINAGE, IS THAT CORRECT? >> YES. >> DOES THE PRELIMINARY PLAT PENDING BEFORE THE CITY COMMISSION INDICATE THE BERM THE DRAINAGE OF ANY FORM OR FASHION? >> AT THIS TIME, NO. IS IT A REQUIREMENT OF THE PRELIMINARY PLAT TO LOCATE AND SIZE THE NEAREST WATER, SEWER OR STORM DRAINAGE LINES THAT WILL SERVE THE SUBDIVISION? >> I BELIEVE SO. >> THANK YOU. YES. DOES THE PRELIMINARY PLAT REFLECT THE LOCATION AND SIZE OF THE NEAREST WATER SEWER AND STORM DRAINAGE LINES? >> FROM MY COLLECTION I DON'T THINK IT DOES. >> MAYOR, THANK YOU. >> THANK YOU, SIR. PARTY INTERVENER NUMBER TWO. [02:10:02] >> GOOD EVENING MADAM MAYOR, COMMISSIONERS. YOUR NAME. >> MY NAME IS JOHN CARE BEGAN I'M WITH THE LAW FIRM OF LOS -- TONIGHT I WILL SWITCH HATS AND I AM REPRESENTING THE INTERVENER FOR CONTEXT SO THAT THE COMMISSION KNOWS THIS IS THE PROPERTY OWNER AND COMMUNITY COMMUNITY NORTH OF THE SAVANNAHS PRESERVE DEVELOPMENT. >>> SO WITH THAT BEING SAID, THE STAFF I TOOK A LOOK AT YOUR REPORT DATED JUNE 21ST OF 2022 IS THAT THE LATEST AND GREATEST STAFF REPORT? I'M HAPPY TO GIVE YOU A COPY IF YOU WANT TO LOOK AT IT. >> YES. >> IN THAT IT LOOKS LIKE YOU ANALYZE WHEN LOOKING AT THE FUTURE USE DESIGNATION THE PRELIMINARY SITE PLAN WHETHER THE PROPOSED DEVELOPMENT WILL ENSURE MINIMAL IMPACTS TO THE NEIGHBORING RESIDENTIAL DISTRICTS, IS THAT CORRECT? >> CORRECT. >> YOU GUYS ULTIMATELY SHREWDED -- CONCLUDED THAT IT MEETS THE CRITERIA OF THE CODE OF ORDINANCES, CORRECT? >> CORRECT. >> YOU RECOMMENDED APPROVAL OF THAT, CORRECT. >> CORRECT. >> DID YOU TAKE A LOOK OF ANY OF THE ASSESS ANY DRAINAGE IMPACTS OR SERVICE WATER MANAGEMENT WATER IMPACT OF THIS PARTICULAR DEVELOPMENT THAT YOU HAVE TO THE COMMUNITY EITHER TO THE NORTH OR TO THE SOUTH? >> DURING THE PRELIMINARY PLAT REVIEW? WELL, THE PLAT WITHIN THE CITY OF FORT PIERCE ARE RECEIVED BY THE CITY ENGINEERING DEPARTMENT. >> DO YOU KNOW IF THE CITY ENGINEERING DEPARTMENT LOOKED AT IT? >> FROM WHAT WE RECEIVED THEY RECOMMENDED APPROVAL. >> WHAT SPECIFICALLY DID THEY LOOK AT? >> I CAN'T ANSWER THAT. >> IS THERE ANY STAFF MEMBER THAT COULD ANSWER WHAT THEY LOOKED AT WHEN CONSIDERING SURFACE WATER DRAINAGE FOR THE PROPOSED DEVELOPMENT? >> I CAN'T SPEAK FOR WHAT INTERNAL REVIEW WAS DONE BY THE CITY ENGINEER DEPARTMENT. WHAT I CAN SAY IS THAT THAT REVIEW SHOULD HAVE BEEN UNDERTAKEN IN RESPECT OF THE APPROPRIATE CITY ORDINANCES FOR SUCH REVIEW. >> DO WE KNOW IF THAT WAS DONE IN THIS CASE? >> THE REVIEW COMMENTS APPROVE THE PLAT FROM THE ENGINEERING. >> IS THERE ANYTHING WE CAN TELL THE COMMISSIONERS ABOUT WHAT THE CITY ENGINEER OR CITY STAFF LOOKED AT WHEN CONSIDERING DRAINAGE WHEN CONSIDERING SERVICE WATER MANAGEMENT BEFORE YOU RECOMMEND APPROVAL OF THIS PRELIMINARY PLAT? >> AGAIN, WE RELY ON THE COMMENTS MADE BY THAT DEPARTMENT. >> NO FURTHER QUESTIONS. THANK YOU. >> NOW IT'S TIME FOR THE COMMISSION IF HAVE YOU ANY FOLLOW UP QUESTIONS OF STAFF. BASED ON THE QUESTIONS THAT WERE JUST ASKED. SO I HAVE ONE. STAFF I'M ASSUMING THE ENGINEER WOULD REVIEW THE DOCUMENTS THAT WERE COMMITTED YES. >> BY THE APPLICANT. >> YES. AND MAKE AN ASSESSMENT BASED ON ON ORDINANCES AND THEIR KNOWLEDGE AND WHAT WHAT WAS SUBMITTED TO THEM. >> WE WOULDN'T BRING IT TO YOU WITHOUT AN APPROVAL OF THE CITY ENGINEERING DEPARTMENT. >> THAT INITIAL PLAT COULD YOU GO BACK TO THAT PICTURE. THIS PLAT HERE I THOUGHT IT -- OKAY, HERE WE GO. THIS PLAT LAY OUT HERE WAS SUBMITTED ALONG WITH OTHER TECHNICAL DOCUMENTS THEN TO OUR ENGINEERING DEPARTMENT. >> CORRECT. SO AND BASED ON THAT CAN YOU JUST BECAUSE THIS IS GETTING WAY INTO THE TECH THINGS AND THE EXPERTISE OF WHICH WE ARE -- INTO THE TECHNICAL THINGS AND EXPERT OF IT'S JUST BEST AS YOU CAN TELL ME THE TYPE OF INFORMATION THAT WOULD ACCOMPANY THIS TYPE OF RENDERING, DRAWING, WHATEVER THAT GOES TO THE ENGINEERING DEPARTMENT IF YOU CAN, PLEASE? >> THE REQUIREMENT IS THAT THE PLAT IS PREPARED BY A PROFESSIONAL SURVEYOR. >> OKAY. >> THAT'S UNDER FLORIDA STATUTE. ONE QUESTION I WOULD ASK OF THE APPLICANT IS DO THEY, CAN THEY CONFIRM THAT THE PLAT DID CONFORM, DOES CONFORM WITH CHAPTER 177 OF THE FLORIDA STATUTES AND IT [02:15:07] WAS PREPARED BY A RECOGNIZED SURVEYOR. >> OKAY. OKAY. SO THOSE TECHNICAL DRAWINGS ARE COMING FROM THAT IT MUST COME FROM A REPUTABLE FORM WE TAKE THAT INFORMATION ALONG WITH THE APPLICATION WE SEND THAT TO THE ENGINEERING DEPARTMENT. THEN THEY WILL COME BACK AND THEN AT THAT PROCESS IT TRIGGERS OUR PROCESS TO BRING IT TO US NOW FOR THAT RECOMMENDATION AND THEN THE CONDITIONS THAT OBVIOUSLY WENT ONTO THE PLANNING BOARD THERE WAS SOME RECOMMENDATIONS FROM THEM RIGHT AT THAT POINT TO BE ATTACHED IT TO. OKAY, I'M JUST TRYING TO MAKE SURE I GET ALL THIS PROCESS ON-LINE AND WHERE WE ARE RIGHT NOW. BUT WE DURING THIS PROWE DO NOT HEAR FROM ENGINEERING. YOU GUYS ARE TELLING US. >> OTHER THAN THE YOU KNOW WE MAIL IT OUT OR PROCESS IT OUT TO THE ENGINEERING DEPARTMENT IT COMES BACK WITH COMMENTS OR APPROVAL OR DENIAL OR CHANGES. IT DOES NOT COME BEFORE THIS BOARD IF THERE ARE OUTSTANDING THINGS THAT THE ENGINEERING DEPARTMENT HAVE FOUND. THEY NOT ONLY RELY ON THE FACT THAT IT'S BEEN PREPARED BY A PROFESSIONAL SURVEYOR BUT THEY ALSO ASSESS IT AGAINST THE CITY'S CODE. >> OKAY. NO WRITEBACKS OR COMMENTS FROM THE ENGINEERS WHEN IT CAME BACK. >> NO. >> OKAY. THANK YOU. >> ANY OTHER QUESTIONS. COMMISSIONER PERONA. THIS IS A QUASI-JUDICIAL HEARING ON APPROVAL OF AN APPLICATION FOR PRELIMINARY PLAT. I JUST HAVE TO ASK, BECAUSE I DON'T KNOW, HAVE ALL THE REQUIREMENTS BEEN MET FOR THIS HEARING AS FAR AS THE PLANNING DEPARTMENT? >> AS FAR AS WE WERE MADE AWARE, YES. >> THAT'S REQUIRED BY THE CITY OF FORT PIERCE. >> IN TERMS OF THE ENGINEER'S REVIEW OF THAT. >> ALL TERMS. BEFORE SOMETHING CAN GET BEFORE THE COMMISSION HAS ALL THE REQUIREMENTS BEEN MET? >> AS FAR AS PLANNING STAFF ARE CONCERNED, YES. >> MR. GAINES YOU HAVE A QUESTION. >> SO THERE WAS QUESTIONS ASKED EARLIER WERE CERTAIN THINGS INCLUDED, SO IS THAT THIS STAGE THEY SHOULD BE INCLUDED OR AT THE NEXT STAGE? >> I THINK THE CITY'S CODE IS CLEAR THAT ALL THOSE THINGS SHOULD BE ATTACHED AT THIS STAGE OR REVIEWED AT THIS STAGE. >> MADAM, MAYOR I DON'T MEAN TO INTERRUPT. I WILL DRAW THE COMMISSION'S ATTENTION TO OUR CODE AT CHAPTER 121 SECTION 121-10A PRELIMINARY PLAT SPECIFICATION. SUBSECTION A-3 LISTS WHAT NEEDS TO BE PROVIDED BY THE APPLICANT. THERE ARE 17 ITEMS THAT ARE LISTED THERE. SO I DO NOT KNOW IF WE'RE ABLE TO GET THAT CODE UP ON THE SCREEN EASILY OR IF YOU WANT ME TO GO THROUGH I WILL GO THROUGH ONE BY ONE THIS IS THE LAW OF OUR CITY THIS IS THE LAW THAT WE NEED TO FOLLOW IN REVIEWING THIS APPLICATION. >> THIS IS IMPORTANT I THINK WE NEED TO GO THROUGH EACH ONE. >> PLEASE. >> PULL IT UP ON THE SCREEN YOU SHOULD BE ABLE TO PULL IT UP ON THE SCREEN. >> 121-10 WHEN YOU GET THERE. >> ITEMS THAT ARE LISTED A-Q. THE PRELIMINARY PLAT SHALL BE PREPARED BY LAND SURVEYOR REGISTERED IN THE STATE IT AND SHALL CONTAIN THE FOLLOWING: I'LL STOP FOR A SECOND TO ALLOW EVERYONE TO LOOK AT IT. [02:20:48] OKAY. SO. SO I WOULD THINK AS A THRESH HOLD QUESTION FOR THE COMMISSION THE QUESTION SHOULD BE WHETHER OR NOT THE APPLICATION MEETS THESE CRITERIA. >> YES. EXACTLY. >> FROM A CURSORY REVIEW I THINK THE ITEMS THAT ARE HIGHLIGHTED HAVE BEEN ISOLATE HIGHLIGHTED PARTICULARLY 3 H WHICH STATES NATURAL AND MANMADE FEATURES WITHIN THE PROPOSED SUBDIVISION INCLUDING DRAINAGE CHANNELS, BODIES OF WATER, OR OTHER SIGNIFICANT FEATURES THAT'S ONE OF THE LINE ITEMS IN QUESTION WE HAVE CONDITIONS ON THE PD THAT WILL BRING FORWARD A BERM WHICH IS OBVIOUSLY NOT INDICATED ON THE PLAT AT THE CURRENT TIME. WHETHER OR NOT THAT WOULD BE ACCEPTABLE TO BE PROVIDED AT FINAL PLAT WHICH HAS FAR MORE DETAILED SPECIFICATIONS THAT ARE REVIEWED WHICH IS A SUBSEQUENT ACTION AFTER THE PRELIMINARY PLAT THAT'S THE QUESTION. AND ALSO I.T. 3M THE LOCATION AND SIZE OF THE SEWER AND DRAINAGE LINES THAT WILL AGAIN SERVE THE SUBDIVISION AGAIN WITHOUT PULLING UP THAT DRAWING UP AND LOOKING AT IT IN SOME DETAIL I'M NOT CERTAIN THAT THE WATER AND SEWER LINES WERE INDICATED OR HAVE BEEN AGREED WITH THE GATOR TRACE CONNECTIVITY. I THINK WE'VE HEARD THAT. >> ANY OTHER QUESTIONS OF STAFF? THANK YOU MS. EARLY, THANK YOU MR. FREEMAN. SO NOW THIS IS STAFF IS NOW COMPLETED THEIR PRESENTATION AND NOW I WOULD LIKE FOR THE APPLICANT TO MAKE ITS PRESENTATION AND THIS IS A TIME WE HAVE QUESTIONS OF THE APPLICANT AND YOU HAVE 2 MINUTES. >> YES. MADAM MAYOR, COMMISSIONERS FOR THE RECORD MY NAME IS DENNIS MURPHY I'M WITH THE FIRM CULPEPER INTERRUPTING HERE IN PORT PIERCE. IT'S PRETTY OPERATE FORWARD WE HAVE THE PRELIMINARY PLAT WE HAVE SUBMITTED TO THE CITY FOR RUV. WHEN YOU LOOK AT THE SUBMISSION CRITERIA THE PRACTICES IN THE PAST RIGHT OR WRONG, THAT HAVE BEEN EMPLOYED BY FOR A NUMBER OF YEARS HAS BEEN THE ELEMENTS THAT ARE INDICATED ON HERE HAVE BEEN TYPICALLY PART OF THE LARGER CYCLING PACKAGE THAT USUALLY ACCOMPANIES THE PLAT THAT HAS BEEN AN INTERPRETATION IN THE PAST AS THAT SATISFIED THAT CRITERIA. NOW THAT IS KEYWORD THERE INTERPRETATION. INTERPRETATIONS CAN CHANGE. IF IT IS THE INTEREST AND THE DESIRE OF THE BOARD THAT THE PAST PRACTICES OF THE INTERPRETIVE APPROACH TO IT NEED TO BE AMENDED THEN THE BERM NEED TO BE BROUGHT INTO STRICT COMPLIANCE IT WITH FINE WE'RE GOOD WITH THAT WE CAN PROVIDE YOU THE NECESSARY GRAPHIC CHANGES. THE THING TO KEEP IN MIND WHEN YOU ARE DEALING WITH A PLAT, AND MOST OF YOU ALL [02:25:01] ARE INVOLVE IN REAL ESTATE AND DEVELOPMENT AND ONE FASHION OR ANOTHER YOU HAVE SEEN PLATS BEFORE A PLAT IS WHERE MY SURVEYORS HAVE BEAT INTO MY HEAD IS REALLY NOTHING MORE THAN A MAP WITH LINES ON IT. LINES DEPICTING PROPERTY LINES AND ORR EASEMENTS IT IS NOT INTENDED TO -- THAT'S WHERE THERE HAS BEEN THAT INTERPRETIVE ACTION WHERE SOME OF THE INFORMATION IS TYPICALLY TREATED AS PART OF THE SITE PLAN THAT'S PART OF A PACKAGE. AGAIN, NOT NECESSARILY AT THE END OF THE DAY WE'RE ALL AT THE SAME PLACE UNDERSTANDING THAT IN THE -- AGAIN I'M NOT AN ATTORNEY I'M SURE THE GUYS BEHIND ME WILL PROBABLY HAVE SOMETHING TO SAY ABOUT THAT LATER ON, BUT MY UNDERSTANDING IN THE STRICT SENSE OF IT WHICH IS WHAT YOU HAVE TO GO BACK AND PLAY WITH THE LEGAL PART OF IT, IT'S WHAT IT SAYS. YOU GOT TO READ WHAT IT SAYS. I HAVE SAID THAT MYSELF. YOU HAVE TO FOLLOW EXACTLY WHAT IT SAYS. SO THAT SAID INTERPRETIVE TO PRACTICAL ARE TWO DIFFERENT THINGS. SO IF THE COMMISSION IS DESIREOUS OF GOING BACK IN AND HAVING US PRESENT TO YOU THE GRAPHICS THAT TO THE PRESCRIBED STATEMENT THAT ARE HERE IT'S NOT A PROBLEM. IT DOESN'T AFFECT ANYTHING AT THE END OF THE DAY BECAUSE WE'RE FOLLOWING YOUR PROCESS. YOUR PROCESS REQUIRES BOTH A PRELIMINARY PLAT PREVIEW AND A FINAL FLAT REVIEW AND THE FINAL FLAT REVIEW IS WHEN -- FINAL PLAT REVIEW IS WHEN FINAL CONSTRUCTION PLANS ARE PREPARED. WHEN THE IMPROVEMENTS ARE EITHER ONE COMPLETED OR YOU POST A BOND TO COVER THEIR PERFORMANCE TO SEE THAT THEY'RE COMPLETED ON TIME AND CORRECTLY AND ALL IT ALL DEPENDS ON SCALES AND WE RUN FROM THERE. THAT'S WHERE AGAIN SOME JURISDICTIONS DON'T EVEN HAVE PRELIMINARY PLATS. YOU JUST GO THROUGH AT THE END OF THE PROCESS CONSTRUCTION PLAN AS WE HAVE SAID FROM THE BEGINNING, TAKING ALL OF THE INTERVENERS COMMENTS AND CONCERNS UNDER CONSIDERATION THOSE ARE CONSTRUCTION PLAN ISSUES. SO I'LL DEFER THE BOARD ON WHERE YOU WANT TO GO WITH ALL OF THAT. NOW LET ME GO BACK IN AND TOUCH ON SOMETHING THAT MR. FREEMAN WAS THE PLAT PREPARED BY A LICENSED SURVEYOR. THE ANSWER IS YES. OUR OFFICE HAS A LICENSED PROFESSIONAL SURVEYORS IN THE STATE OF FLORIDA WE HAVE A NUMBER OF OTHER SURVEYORS AND TOM KIERNAN PREPARED THE PLAT AND SUBMITTED IT TO THE CITY FOR REVIEW. FROM A PLAT PERSPECTIVE, FROM A PLAT PERSPECTIVE CHAPTER 177 I BELIEVE YOUR CITY SURVEYOR CONFIRMED THAT ALL THE CRITERIA AT THIS STAGE OF THE GAME FOR WHAT THIS DOCUMENT IS TO BE ARE SATISFIED AND MET FROM THERE. MADAM CHAIRMAN, IF I CAN I WILL GO TO WITHOUT GOING INTO A GREAT DEAL I'M BRIGHT ENOUGH I THINK I KNOW WHERE THIS IS GOING. I WOULD LIKE TO TOUCH ON A COUPLE OF COMMENTS THAT CAME UP RELATIVE THE INTERVENTION NOTATION AND WITHOUT GETTING INTO GREAT AMOUNT OF DETAIL BECAUSE MANY OF THEM ARE CONSTRUCTION-RELATED ELEMENTS. PERMIT-REQUIREMENT-TYPE INFORMATION, PERMIT DEALS THAT WE HAVE TO COME IN AND SATISFY THE CITY, THE COUNTY, SOUTH FLORIDA INTO WHATEVER EXTENT IT MAY BE REQUIRED THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. I CAN'T IMAGINE THERE'S WHOLE LOT OF THEMSELVES RIGHT NOW BUT MOST OF IT WILL BE THE CITY, THE COUNTY AND SOUTH FLORIDA THAT WILL COVER THE MAJORITY IF NOT ALL OF THE DRAINAGE ELEMENTS IN THROUGH HERE. THE COMMENT THAT I SAW IN HERE OR THE CONCERNS THAT I SAW IN HERE FROM HIGH POINT I WENT THROUGH THEIR COMMENTS AND I WENT THROUGH THE WHOLE PERMITS WE PULLED THEIR OLD INITIAL PERMITS FROM BACK IN THE 70S AND EARLY 80S AND IF THE INFORMATION THAT WE'RE READING IN THERE IS CORRECT, WE'RE NOT DRAINING THAT WAY. THEY ARE NOT DRAINING OUR WAY. WE ACTUALLY SPLIT AS IT WAS SAID EARLIER BY ONE OF THE GENTLEMAN THAT SPOKE THEY HAVE THEIR WATER DISCHARGES THAT COME PRIMARILY THAT THEY PUMP INTO THE SAVANNAHS WHEN YOU GO BACK AND PULL THEIR PERMITS THERE'S A SECONDARY OUTFALL PATH GOING TO THE NORTH. JUST TRUDGING OUT THROUGH CANAL NUMBER 10 WHICH HAPPENS TO RUN EAST WEST ABOUT HALF A MILE OR QUARTER OF A MILE SOUTH OF THE RAILROAD TRACK ACROSS U.S. 1. YOU MAY REMEMBER AT THE MEETING TWO WEEKS AGO A GENTLEMAN WAS PRESENT WHO WAS EXPRESSING CONCERN ABOUT WATER FLOWING NORTH AND FLOODING HIS WAREHOUSES. I BELIEVE THAT'S THE PATH THAT WE WERE TALKING ABOUT. WE'RE NOT GOING NORTH. ALL OF OUR WATER FLOWS SOUTH. ALL OF OUR PREDEVELOPMENT MAPS SHOW OUR WATER GOING SOUTH. WE'LL GO BACK AND TAKE A LOOK AT THEM I'LL BE HAPPY [02:30:02] TO MEET WITH THE GENTLEMAN TALK TO HIM ABOUT WHAT THE SPECIFIC LOCALIZED ISSUE IS MAYBE WE'LL SEE WHAT WE'VE GOT. MOTHER NATURE MAY HAVE DONE SOMETHING THAT NOBODY HAS PICKED UP ON THAT WE NEED TO GO BACK IN AND ADDRESS. COMMISSIONER GAINES YOU WERE ASKING A QUESTION ABOUT PUTTING A BERM ON THE NORTH WE'RE NOT PUTTING A BERM ON THE NORTH BECAUSE AGAIN WE'RE FLOWING SOUTH. THAT'S THE ISSUES THAT WE WERE TALKING ABOUT. AS I SAID THE PRIMARY PURPOSE IS TO OBTAIN PRELIMINARY PLAT APPROVAL FOR THE PROJECT. IF THERE ARE QUESTIONS OR CONCERNS ABOUT THE INTEGRITY OF THE APPLICATION OR COMPLETENESS OF THE MATERIAL HERE CONSISTENCY WITH CITY CODE CLEARLY I DO NOT WANT TO ASK YOU TO GO APPROVE SOMETHING THAT WILL LEAVE US EXPOSED FOR POTENTIAL PROBLEMS IT ALSO TRANSLATES BACK INTO YOU. WHICH DON'T WANT TO GO THERE. -- WE DON'T WANT TO GO BACK THERE. YOU ALL WILL DECIDE WHAT YOU WANT TO DO IN THIS REGARD. AGAIN. I'M KIND OF SPARKING UP TO GET AN IDEA ABOUT WHERE WE MIGHT BE HEADED. IF IT DOES GO THAT PATH THEN I WOULD SIMPLY REQUEST THAT WE JUST RATHER THAN CONTINUE TO TAKE CERTAIN WE'LL JUST COME BACK AND READVERTISE AND RENOTICE WE WILL COME BACK IN AND ADDRESS ANY OF THE CONCERNS THAT THE CITY STAFF MAY HAVE. I BELIEVE INCREMENTALLY INTERPRETIVELY, HOWEVER YOU WANT TO PHRASE IT, ALL OF THE INFORMATION THAT IS SPELLED OUT HAS BEEN PROVIDED SO -- TO THE CITY. AS WE HAVE STATED BEFORE SEVERAL TIMES STANDING UP AT THIS PODIUM. WE BELIEVE THAT THE ADDITIONAL LEVEL OF INFORMATION THAT'S BEEN REQUESTED TO THESE INTERVENTION QUESTIONS IS REALLY THE NEXT STAGE. THAT'S THE CONSTRUCTION PERMITTING STAGE. WITH THAT, I REALLY DON'T HAVE A WHOLE LOT TO SAY AT THIS PARTICULAR POINT. IF HAVE YOU ANY PARTICULAR QUESTIONS OF ME I AM GLAD TO TRY TO ANSWER THEM. >> I DO. >> SO I CAN'T REMEMBER WHO BROUGHT THIS UP, BUT, THERE IS ALMOST UNIVERSAL CONCERN ABOUT THE SOUTHWEST CORNER AND THE FLOODING AND YOU SAID GOING SOUTH AND THE FLOODING AT GATOR TRACE. >> LET'S GET OUR SOUTHWEST CORNERS THE SAME. MADAM MAYOR, THE QUESTION THAT I HEARD AND THE COMMENT THAT I HEARD WAS COMING FROM THE FOLKS IN HIGH POINT ABOUT THE SOUTHWEST CORNER OF THEIR COMMUNITY WHICH WOULD BE OUR NORTHWEST CORNER. >> YOU'RE RIGHT. YOU'RE RIGHT. >> AND I BELIEVE THE CONCERN WAS THAT THERE WAS FLOODING TAKING PLACE IN THAT HIGH WATER CONDITIONS FLOODING THIS WHETHER IT'S AN INCH OR FEET PARTICULARLY IF YOU'RE FEET ARE THE ONES THAT ARE GETTING WET. WHAT I UNDERSTOOD WAS THAT THERE WAS WATER IN THAT CORNER THAT WAS GOING INTO COUNTY CANAL THAT'S ON THE WESTSIDE OF THE PROPERTY AND ALSO INTO THE LAKES THAT ARE INTERNAL TO THE COMMUNITY. I'M JUST GOING BY MY INTERPRETATION OF WHAT WAS SAID. >> I'M KIND OF MIXED UP MYSELF SO KEEP GOING. >> THE CONCERN WAS THAT WE, OUR PROJECT OUR PRESERVE WAS GOING TO ADD ADDITIONAL FLOODING INTO THAT AREA. I THINK AS WE HAVE DEMONSTRATED IN OUR PUD SUBMISSION GRAPHICS THAT I KNOW EVERYONE HAS HAD A CHANCE TO REVIEW, OUR FLOWS ARE GOING SOUTH. THE SIMPLISTIC WAY FOR LAND PLANNER HERE TO DESCRIBE THERE'S A BERM THERE IT'S A GREAT DIVIDE. THE WATERS TO THE NORTH OF US FLOW TO THE NORTH OR ARE PUMPED INTO THE EAST. SOUTH OUR PROPERTY LINE THE WATERS FLOW SOUTH WE ARE NOT PUTTING A PUMP SYSTEM IN THERE NOR I DO THINK THE WATER DISTRICT WOULD EVER APPROVE A PUMP SYSTEM FOR US TO GO IN AND DO SOMETHING LIKE THAT. WE WILL BE DISCHARGING THROUGH A REGULATED STRUCTURE AND THE SOUTHWEST CORNER OF OUR PROPERTY INTO THE DITCH THAT WE TALKED ABOUT IN THE PAST WORKING ITS WAY DOWN TO 10 MILE CREEK. THAT'S WHAT I TOOK FROM THAT CONVERSATION. I DON'T KNOW IF THERE'S AGAIN I'LL COME BACK AND SAY IT AGAIN WE'LL HAPPY TO GO AND MEET WITH THE HIGH POINT FOLKS WE HAVE GONE THROUGH THE PERMITS WE HAVE A BASIC UNDERSTANDING OF WHAT'S SUPPOSED TO BE HAPPENING NOW IF IT'S NOT HAPPENING THEN WE'LL GO AND FIND OUT WHY. >> ANY OTHER QUESTIONS OF THE APPLICANT? >> MADAM MAYOR LET ME JUST BE CLEAR HERE. YOU HAVE HEARD THE CONCERNS RAISED BY THE OTHER INTERVENERS I GUESS SOMEWHERE I'LL GET BACK TO STAFF IN A MINUTE WITH THAT. OTHER THAN THAT I'M GLAD YOU CLARIFIED THAT BECAUSE I WAS THINKING SOUTHWEST IN THAT [02:35:02] CANAL DOWN THERE I'M LIKE OKAY WHAT IS GOING DOWN. SO THAT'S A CLARIFICATION THAT I HEARD, TOO, BUT I HEARD IT THE WRONG WAY. SO I THINK WE'LL FIND OUT IF WE'RE BOTH UNDERSTANDING THAT IT'S THE CORRECT SOUTHWEST CORNER OF THE HIGH POINT PROPERTY AS OPPOSED TO THE PROPERTY THAT YOU ARE LOOKING TO DEVELOP. YOU SAID A COUPLE TIMES THAT YOU KIND OF SEE WHERE THIS IS GOING? HELP ME UNDERSTAND WHAT DO YOU MEAN BY THAT? >> THAT IN THE INTEREST OF MAKING SURE THAT WE HAVE A QUOTE/UNQUOTE BULLET-PROOF TIGHT APPROVAL ACTION THAT ACTION WOULD BE DEFERRED UNTIL THE STRICT APPLICATION OF THE AFORESITED LIST OF WHATEVER THE SECTION NUMBER HERE IS PARAGRAPH 3 IS PREPRESENTED IN THE GRAPHIC FORMAT. AGAIN THE INFORMATION IS THERE. BUT IT'S NOT IN A TYPICAL PLAT-GRAPHIC FORM. >> OKAY. >> THAT'S WHERE I THINK THIS IS GOING. >> THANK YOU. I THOUGHT THAT WAS IT. >> ANYONE ELSE. OKAY. SO, NOW I WOULD LIKE TO ASK PARTY INTERVENER NUMBER ONE IF YOU HAVE ANY QUESTIONS OF THE APPLICANT? >> ACTUALLY HE'S ANSWERED THE QUESTION HE SO NO, THE ANSWER IS NO. >> PARTY INTERVENER NUMBER TWO? >> CARRIGAN. FROM HIGH POINT TO DETERMINE IF THERE'S ANY SERVICE WATER MANAGEMENT. >> IF HE CAN HAVE A MICROPHONE AT THE TABLE, PLEASE OR SEAT AT THE TABLE, THANK YOU. >> I KINDS FOAL I LIKE KNOW YOU'RE DENNIS MURPHY. -- I KIND OF FEEL LIKE YOU'RE DENNIS MURPHY. CULPEPER INTERPRETING. >> DON CARE BEGAN FOR THE INTERVENER NUMBER 2. DID YOUR CLIENT OR YOUR OFFICE MEET WITH ANYBODY OF HIGH POINT PRIOR TO TODAY'S HEARING TO DETERMINE WHEN THEIR CONCERNS WERE ABOUT EITHER DRAINAGE, SERVICE WATER MANAGEMENT OR FLOODING? >> NO, WE DID NOT HAVE ANY CONTACT TO MEET UNTIL I SAW I THINK IT WAS FROM YOUR OFFICE WHATEVER THE GENTLEMAN'S NAME WHO SPOKE HERE EARLIER. >> IF THE COMMISSION DOES DEFER ON THIS, AND IS GOING TO RENOTICE IT IS THAT SOMETHING THAT YOU ARE WILLING TO COMMIT TO. >> ABSOLUTELY. I JUST SAID THAT A FEW MINUTES AGO. >> YOU WOULD AGREE WITH ME THAT UNDER I THINK YOU TERMED IT THE STRICT INTERPRETATION THAT THE APPLICANT ON THE PRELIMINARY PLAT SITE HAS NOT MET CONDITION 3 H OR 3M? >> IF YOU'RE ASKING IS THE INFORMATION LET ME SEE 3H. 3M. IF YOU ARE ASKING IF THOSE PARTICULAR ITEMS ARE ON THE PLAT PRELIMINARY PLAT GRAPHIC THE ANSWER IS NO, THEY ARE NOT. >> NO IF YOU CAN QUESTIONS. >> THANK YOU. SIR. SO THE COMMISSION DO HAVE YOU ANY QUESTIONS OF THE APPLICANT. OKAY. THANK YOU VERY MUCH. NOW PARTY INTERVENER NUMBER 1 WILL MAKE YOUR PRESENTATION AND THAT YOU HAVE 20 MINUTES. >> COMMISSIONERS I'M GOING TO SAVE YOU SOME TIME. MR. CARRIGAN AT THE LAST COUNTY COMMISSION MEETING PRESENTED A LENGTHY DISCUSSION PRESENTATION ON BEHALF OF GATOR TRACE WE'RE STANDING BY THAT AND I INCORPORATED THAT EARLIER. I WON'T PRESENT ANY EVIDENCE. I DO HAVE SOME COMMENTS AND ARGUMENT THAT I WANT TO PRESENT FOR YOUR CONSIDERATION ABOUT THIS. SO I WILL DEVELOP MY TIME FOR THAT. FOR THE RECORD I'M DAVID EARL ROSSER. I REPRESENT THE GATOR TRACE MASTER ASSOCIATION. THIS IS THE FORT PIERCE CITY CODE I'M GOING TO READ YOU MAYOR. IT'S SECTION 121-10 PLAT SPECIFICATION AND IN PARTICULAR ITEM 3. IT SAYS THE PRELIMINARY PLAT SHALL BE PREPARED BY A LAND SURVEYOR REGISTERED IN THE STATE AND SHALL CONTAIN THE FOLLOWING INFORMATION: A-Q [02:40:02] YOUR ATTORNEY POINTED IT OUT TO YOU LOOKED AT IT A MOMENT AGO. ITEM H IS NATURAL MANMADE FEATURES WITHIN THE -- SINCE DRAINAGE IS REALLY THE TOPIC OF CHOICE IN TERMS OF THIS APPLICATION I WOULD THINK THAT THAT NEEDS TO BE REFLECTED. SHALL MEANS SHALL AND THERE'S NO THERE'S REALLY NO WAY AROUND SHALL AND THAT'S THE LAWYER IN ME SPEAKING. THE LOCATION AND SIZE OF THE NEAREST WATER, SUER AND STORM DRAINAGE LINES THAT WILL SERVE THE SUBDIVISION BOTH ADMITTED BY THE APPLICANT NOT WITHIN THE PRELIMINARY PLAT. IF I NOT WITH THROUGH A-Q COMMISSIONERS I WOULD PICK OUT TWO OR THREE MORE. BUT MY POINT ISN'T TO BE NITPICKY ABOUT WHAT ISN'T REALLY IN COMPLIANCE. FOR INSTANCE, NAMES OF ADJACENT PLATTED SUBDIVISIONS. NAMES OF ADJACENT UNPLATTED PROPERTY OWNERS. AGAIN MY POINT ISN'T THAT I WANTS TO NITPICK THIS TO SAY YOU SHOULDN'T APPROVE OR YOU SHOULDN'T DO THIS. AND THE REASON THAT I SAY THIS IS NOT NITPICKING IS I DISAGREE WITH THE APPLICANT'S EXPLANATION THAT THE PLAT IS A PICTURE AND A DRAWING AND A CONFIGURATION AND SORT OF LITTLE MAP OR WHATEVER IT'S MORE THAN THAT. I'VE BEEN A LAWYER 30 YEARS A TRIAL LAWYER 30 YEARS WE SUE OVER PLATS WE LITIGATE PLATS THEY ARE GOVERNING DOCUMENTS THAT ARE RECORDED IN THE PROPERTY RECORDS. THE REASON THEY'RE HERE IS AN IMPORTANT ONE FROM A CITY CODE STANDPOINT BECAUSE IT STARTS THE GOVERNANCE OF THIS PARTICULAR PROPERTY. IN AN EARLY MEETING I SAID TO YOU, I WANT THIS PLAT, THIS IS AN AN UNUSUAL AND UNIQUE APPLICATION BECAUSE IT'S VERY MATERIAL PART IS NOT EVEN ON THE SUBJECT PROPERTY IT'S ON SOME OTHER PROPERTY COUNTY-OWNED PROPERTY TO THE SOUTH. BUT IT'S INTEGRAL IN HOW THIS PROPERTY IS GOING TO BE DEVELOPED. INTEGRAL. I WANT THAT REFERENCED AND NOTED IN THE PLAT BECAUSE THE PLAT SHOULD CONTAIN CONDITIONS FOR DEVELOPMENT. YOU CAN MAKE IT THAT WAY AND THAT'S PART OF THIS PROCESS THAT YOU SHOULD CONSIDER. THAT'S WHY IT'S IMPORTANT. IT'S ALSO IMPORTANT BECAUSE IF YOU THINK ABOUT IT, NATURAL MANMADE FEATURES WITHIN A PROPOSED SUBDIVISION -- I TOOK MY FAMILY ON THE EARL FAMILY SUMMER VACATION I WASN'T HERE FOR YOU LAST TIME. BUT I MADE IT A POINT TO GO BACK AND WATCH THAT MEETING CLOSELY. THE ARGUMENT HERE HAS BEEN LET'S PUT THE BERM BECAUSE WE THINK THE BERM IS RIGHT THING TO DO. THERE'S WHOLE LOT OF QUESTIONS ABOUT BERM BUT IS IT GOING TO BE ON THE SOUTH SIDE, IS IT GOING TO BE ON THE NORTH SIDE, COMMISSIONER YOU KNOW WHAT THE BOARD SAID THEY DISAGREE WITH YOU PUT IT AWAY FROM OUR PROPERTY GATOR TRACE. OUR FIRST WAS IF YOU ARE GOING TO PUT A BERM PROPERTY THEY WERE GOING TO PUT IT ON THE COUNTY PROPERTY PUT IT ON THE OTHER SIDE BEFORE YOU DON'T PUT IT BY ME. THE LAST THING I HEARD FROM THE LAST MEETING FROM THE APPLICANT WE'VE HAD SOME MEETINGS WITH SOUTH FLORIDA AND OTHER THIRD PARTIES MAYBE ST. LUCIE COUNTY NOW IT SOUNDS LIKE IT'S GOING TO MEANDER, ME ANGEDER MEANING IT'S GOING TO -- MEANDER MEANING IT'S GOING TO START TO THE SOUTH AND MIGHT EVEN GO ONTO THEIR PROPERTY. IF IT'S GOING TO BE ON THEIR PROPERTY IT OUGHT TO BE DEPICTED ON THE PLAT, WHICH IS WHY I SAID IN AN EARLY MEETING WE ARE TOO EARLY WE'RE PUTTING THE CART BEFORE THE HORSE HERE. WHERE IS THIS GOING? HOW IS IT GOING TO WORK? AND I THINK THOSE ARE DECISIONS THAT ARE IMPORTANT FOR YOU FOLKS TO MAKE SO YOU CAN GUIDE YOUR STAFF HOW TO MOVE FORWARD. IT'S GOOD ENOUGH IN SOME WAYS TO HAVE THE CODE THAT'S GOING TO HELP US IN THE BILL BUT IT'S ALSO FOR EACH INDIVIDUAL APPLICATION BEFORE YOU SOMETIMES IMPORTANT FOR YOU TO LOOK AT IT, APPLY YOUR COMMON SENSE AND TAKE IN THE PUBLIC INPUT AND APPLY THE PUBLIC INPUT TO IT. AND THAT COMES OVER TIME THAT'S YOU WHY NEED THAT KIND OF INFORMATION. ONE OF THE THINGS I WANTED TO SAY BUT AS AN OLD SOUTHERN BOY SOMETIMES THREE MINUTES JUST DOESN'T GET IT FOR ME, I'M HAPPY TO BE AN INTERVENER TODAY, IS THAT THE MAGIC WORD IN THANK YOU, KEVIN, KEVIN USED IT, IF YOU ARE GOING TO PUT A BERM UP [02:45:01] THAT'S GOING TO CONTROL THE DRAINAGE OF THIS SITE, WE'LL USE THE WORD IN PERPETUITY LAWYERS HATE THAT WORD BECAUSE IT MEANS FOREVER. BUT AISLE USE IT INFORMALLY IN A SENSE HERE IN PERPETUITY. THE MAINTENANCE AGREEMENT HAS TO BE IN PERPETUITY. THE AGREEMENT WITH ST. LUCIE COUNTY HAS TO BE IN PERPETUITY BECAUSE THAT'S THE WAY THE SYSTEM WILL WORK AND THE DEVIL IS IN THOSE DETAILS. BECAUSE I HEARD THE APPLICANT IN ST. LUCIE COUNTY THEY DO LICENSES. LAWYERS HATE LICENSES THEY'RE NOT THE SAME AS EASEMENTS, THEY'RE NOT THE SAME AS EASEMENTS. LICENSES ARE REVOCABLE. WHAT HAPPENS IF THIS BERM AGREEMENT GETS REVOKED? WHAT HAPPENS TO THE DRAINAGE THEN? THOSE ARE ALL QUESTIONS FOR YOU NOW NOT SOME OTHER DAY. NOT FOR STAFF FOR YOU. I STILL DON'T KNOW WHERE THE BERM IS GOING TO BE, I DON'T THINK YOU DO, I DON'T ANYBODY DUFFS. I DON'T THINK THE APPLICANT DOES. CERTAINLY DON'T HAVE ANY ANSWERS TO THE 36 OR 39 ITEMS SOUTH FLORIDA WATER MANAGEMENT DISTRICT LETTER. I UNDERSTAND WE'RE HERE ON A PRELIMINARY PLAT WHICH IS NOT THE OVERALL ZONING BUT FROM MY STANDPOINT FROM MY CLIENT'S STANDPOINT THERE'S A LOT OF QUESTIONS TO BE ANSWERED. WE THINK IT'S MOST IMPORTANT FOR YOU, COMMISSIONERS, THE CLOSEST FOLKS TO THE PUBLIC. THE ONES WITH THE GREATEST INTEREST NO OFFENSE TO STAFF TO PROTECT THE PUBLIC. TO PARTICIPATE IN THIS PROCESS. I THINK IT'S PREMATURE. THAT SAID I WOULD SUGGEST TO YOU THAT IT'S NOT APPROVABLE IN THE STATE THAT IT'S BEING PRESENTED TO YOU TODAY BECAUSE IT DOESN'T MEET THE CRITERIA SET OUT WITHIN YOUR OWN CODE. THANK YOU. >> THANK YOU. >> SO PARTY INTERVENER NUMBER TWO DO YOU HAVE A PRESENTATION? >> I DO. I DIDN'T KNOW IF THE APPLICANT OR STAFF WANTED TO CROSS-EXAMINE MR. EARL FIRST BUT I'LL CERTAINLY GO AHEAD AND BEGIN MY 20 MINUTES. JOHN CARRIGAN FOR THE INTERVENER NUMBER TWO HIGH POINT SECTION 2. I WANT TO READ INTO THE RECORD WHAT THE STANDARD IS HERE TONIGHT. WE HAVE THE ADMISSION FROM THE PARTY APPLICANT THAT THEY DIDN'T MEET 121-10 SUBSECTION 3 H&M THAT'S INTO THE RECORD. SO THAT PRESUMPTIVELY MEANS THAT THIS COMMISSION IS NOT IN THE POSITION NOT BECAUSE OF WHAT THE COMMISSION HAS DONE BUT WHAT THE APPLICANT HAS PRESENTED TO YOU THEY'RE NOT IN A POSITION TO REQUEST APPROVAL OF THAT TONIGHT. BUT I ALSO WANT TO TALK ABOUT AND PRESENT TO YOU THE CONCERNS THAT HIGH POINT 2 HAS AND I WANT TO START WITH THE FRAMEWORK OF SECTION 121-9 OF YOUR CITY CODE WHICH TALKS ABOUT CONSIDERATION THE PROCESS BY WHICH THIS COMMISSION CONSIDERS A PRELIMINARY PLAT. SPECIFICALLY SUBSECTION A-4 WHICH SAYS THE CITY COMMISSION HAS SHOULD A PUBLIC HEARING WE ARE ALL HERE TONIGHT. YOU CAN APPROVE APPROVE WITH CONDITIONS OR DISAPPROVE THE PRELIMINARY PLAT. TONIGHT I BELIEVE YOU HAVE TO DISAPPROVE THE PRELIMINARY PLAT BECAUSE IT DOES NOT MEET THE CODE. BUT I WANT TO PRESENT TO THIS COMMISSION THAT WHEN THIS MATTER IS BROUGHT BACK BEFORE YOU THERE IS SUBSTANTIAL AND COMPETENT EVIDENCE AS WE SIT HERE TONIGHT THAT EVEN IF ALL THE CONDITIONS WERE MET IT SHOULD NOT BE APPROVED. IT'S PROVIDED AS THE DECISION OF THE CITY COMMISSION TO APPROVE OR DENY OR MODIFY AN AGENDA IDEA THAT SHALL BE BASED ON CONFIDENT SUBSTANTIAL EVIDENCE. IT SHALL MEAN EVIDENCE WHICH WILL ESTABLISH A SUBSTANTIAL BASIS FOR WHICH THE FACTS AT ISSUE CAN REASONABLY BE INFERRED. SO I BRING THAT TO THE COMMISSIONS ATTENTION TONIGHT BECAUSE I AM GOING TO PRESENT A WITNESS IF MS. COX WILL BE NICE ENOUGH TO PULL UP THE MAP WE SENT OVER TO YOU OR I CAN PULL UP THE COMPUTERS IF YOU WILL SHOW ME HOW. >> MR. GILMORE CAN YOU PULL UP IT'S AN ATTACHMENT TO HIS AGENDA ITEM. I HAVE BOTH GOOGLE MAPS ON A SINGLE SLIDE. >> THAT WOULD BE FINE. >> I'M GOING TO INTRODUCE TO THE COMMISSION MR. SAVAGE. MR. SAVAGE IF YOU WANT TO COME UP. PHOTO EXHIBIT. >> PERFECT. [02:50:03] >> IF WE CAN JUST ZOOM INTO THE GOOGLE MAPS DOWN THERE. >> MR. SAVAGE YOU WERE SWORN IN? >> FOR THE RECORD THIS IS MR. SAVAGE IF YOU WANT TO COME OVER HERE. MAYBE WE CAN SHARE A MIC OR YOU CAN HAVE A SEAT IF STAFF WILL BE KIND ENOUGH. MR. SAVAGE DO YOU WANT TO SPELL YOUR NAME FOR. CLIFF SAVAGE. MR. SAVAGE, CAN YOU EXPLAIN TO THE COMMISSION WHAT YOUR POSITION IS AT HI POINT. >> MR. SAVAGE WERE YOU SWORN IN? >> YES. >> THANK YOU. >> I AM A MAINTENANCE LANDSCAPER FOR HIGH POINT OF FORT PIERCE ALL SECTIONS. >> HOW LONG HAVE YOU WORKED IN THAT POSITION? >> I'VE BEEN IN HIGH POINT 38 YEARS. >> IS IT FAIR TO SAY YOU KNOW WHERE ALL THE BODIES ARE BURIED FIGURATIVELY. >> YES, SIR. >> SO I'M GOING TO POINT TO YOU THE MAP IN THE UPPER LEFT HAND CORNER. CAN YOU SEE THAT ON THE SCREEN THERE. >> YES, SIR. >> IS THAT A FAIR REPRESENTATION OF WHAT HIGH POINT LOOKS LIKE. >> YES, SIR. YES, SIR. >> ON THAT MAP WHERE IS THE PROPOSED DEVELOPMENT GOING TO BE? >> TO THE BOTTOM OF THAT MAP RIGHT THERE. >> SO WOULD THAT BE THE SOUTH? >> YES. >> AND I'M GOING TO ASK YOU SOME QUESTIONS TONIGHT IF I ASK YOU WHERE THE SOUTHEAST SIDE OF THE HIGH POINT DEVELOPMENT DO YOU KNOW WHICH SIDE IS THAT WHICH SIDE? >> IT'S TO THE RIGHT THE SOUTHEAST. >> COMMISSIONERS WOULD IT BE EASIER IF I HAD MY ASSOCIATE COME UP AND USE THE MOUSE? GO AHEAD. >> FOR THE RECORD THIS IS ASSOCIATE GARY SIMMONS. THERE WE GO. OKAY FROM REFERENCE IN THE MAP DO YOU UNDERSTAND WHERE THE SOUTHEAST PORTION OF HIGH POINT 2 IS? >> YES, THIS IS THE SOUTHEAST YOUR RIGHT HERE. OKAY. DO YOU UNDERSTAND WHERE THE SOUTHWEST AREA IS? >> RIGHT -- SHOW THE COMMISSION. RIGHT HERE. >> PERFECT. WILL YOU EXPLAIN JUST IN GENERALITY HOW THE DRAINAGE WORKS AT HIGH POINT 2. >> YES, THERE ARE THREE LAKES IN HIGH POINT AND A CANAL ON THE WESTSIDE. THEY ARE ENTER PIPED TO A PUMP IN THE -- INTERPIPED TO A PUMP HERE IN THE CENTER LAKE WHERE SECTION 2 IS. WHEN WE HAVE SIGNIFICANT RAIN AND HEAVY FLOODING THE AREA TO THE SOUTH OF US WINDS UP DRAINING AND IT HAPPENS SOMETIMES WHEN WE HAVE HEAVY FLOODING IT WILL RUN OUT OF THAT PROPERTY FOR TWO, THREE, FOUR DAYS OR MORE CONSECUTIVELY. IN THE PAST WE HAVE ALSO HAD TO PUT UP SANDBAGS ON THE SOUTHEAST SIDE TO PREVENT WATER FROM RUNNING AROUND THIS BUILDING AND DOWN THE PARKING LOT AND INTO OUR CATCH BASINS THAT GO INTO THE LAKE 3. SO THIS AREA ALTHOUGH WAS SAID THE WATER FLOWS SOUTH WHEN WE HAVE HEAVY FLOODING THAT WATER FLOWS INTO US AND WE PUMP IT OUT. >> ON THE SOUTHWESTERN SIDE CAN YOU EXPLAIN TO THE COMMISSION THE EXISTENCE OF WHAT YOU REFER TO AS LAKE 4 VERSUS THE DRAINAGE DITCH? >> THE LAKE 4 IS SENSE IT IS TIED TO OUR LAKES -- SINCE IT IS TIED TO OUR LAKES THE AREA BETWEEN THE BEGINNING AND END OF THAT CANAL IS PROBABLY EQUAL TO ANOTHER LAKE. SO THEREFORE, WE ACTUALLY PUMP FOUR LAKES INSTEAD OF JUST THREE LAKES BECAUSE WE ARE CONNECTED TO THAT CANAL. >> HISTORICALLY HAS THERE BEEN ANY RAIN EVENTS WHERE WATER FROM THE DRAINAGE DITCH THAT WESTERN MOST AREA HAS BREACHED INTO WHAT WE CALL LAKE FOUR. >> YES. >> WHEN DID THAT OCCUR? >> ABOUT PROBABLY FIVE YEARS AGO THE BREACH OCCURRED WHEN WE HAD SIGNIFICANT FLOODING. THERE IS A SMALL AN CALL ON THE OTHER SIDE OF THE CANLE THAT WE PUMP -- CANAL THAT WE PUMP FROM WHICH IS WHAT I BELIEVE THE NEW DEVELOPMENT IS GOING TO EMPTY INTO, I THINK. BUT THAT BREACH OCCURRED IN ABOUT THIS AREA RIGHT HERE. WE HAD TO GET THE COUNTY TO COME IN AND TO STOP THE WATER FROM COMING OVER INTO [02:55:04] OUR PLACE. >> EARLIER DID THE HEAR THE AM CAN'T PROVIDE TESTIMONY THAT WATER FLOWS SOUTH FROM SAVANNAH'S PRESERVE. >> YES, I DID. >> IS THAT AT LEAST BASED ON YOUR OBSERVATIONS INACCURATE? >> YES, SIR. DEFINITELY. AGAIN THIS IS WHEN WE HAVE FLOODING AND THE FLOODING OCCURS IT COMES INTO OUR PROPERTY IT COMES INTO THIS CANAL AND IT COMES IN OVER HERE ON THE END OF THIS PROPERTY OVER HERE ON THE EAST SIDE. >> WHEN THE SURFACE WATER DOES TRAVERSE NORTH WARD HAS THERE BEEN ANY PROPERTY DAMAGE TO CARS, UNITS, VEHICLES? >> WE'VE HAD A LOT OF CARS GET FLOODED IN HIGH POINT YES WE HAVE. >> NO FURTHER QUESTIONS, THANK YOU VERY MUCH. >> SO MADAM MAYOR INTERVENER ONE ONLY HAD ARGUMENT BUT INTERVENER TWO PRESENTED EVIDENCE AND TESTIMONY SO I WANT TO MAKE SURE ALL SIDES GET AN OPPORTUNITY TO ASK QUESTIONS IF THEY WISH. >> THANK YOU. >> I WILL NOT -- I WILL RELEASE YOU AS A WITNESS. COMMISSION THE REASON I WANTED TO MAKE THAT PRESENTATION IS BECAUSE IT IS IMPORTANT FOR YOU TO UNDERSTAND THAT THE APPLICANT IS MAKING THE REPRESENTATION THAT WATER FLOWS SOUTH AND WE WERE UNDER THE ASSUMPTION THAT MAYBE THAT'S TRUE AT THE LAST HEARING. BUT THE COMPETENT AND SUBSTANTIAL EVIDENCE THAT WE SIT HERE TODAY IS THERE'S WATER FLOWING NORTHWARD ON THE SOUTHWEST CORNER AND SOUTHEAST CORNER. THOSE ARE ISSUES THAT THE APPLICANT MUST ADDRESS IN THE PRELIMINARY PLAT IF IT IS ARE SUBMITTED. THOSE WOULD BE CONDITIONS THAT PURSUANT TO 121-9 OF THE CITY CODE THIS COMMISSION CAN IMPOSE AS A CONDITION OF APPROVING THE PRELIMINARY PLAT. AGAIN, IT IS NOT SOMETHING THAT CAN BE DONE TONIGHT BECAUSE THEY'VE COMMITTED THEY HAVE NOT MET THE -- ADMITTED THAT THEY HAVE NOT MET THE CITY CODE. I REQUEST YOU TAKE THE TESTIMONY TONIGHT WHEN THINKING ABOUT WHAT CONDITIONS DO WE IMPOSE UPON THE APPLICANT IN APPROVING OR CONSIDERING APPROVAL OF A PRELIMINARY PLAT. WITH THAT BEING SAID I HAVE NO FURTHER COMMENTARY AND THANK YOU FOR YOUR TIME. >> THANK YOU. WHERE'S STAFF? THERE YOU YOU ARE. WHEN THIS IS OVER I'M GOING RUN FOR JUDGE. [LAUGHTER] OKAY. DOES STAFF HAVE ANY QUESTIONS OF INTERVENER NUMBER ONE. >> NO, MA'AM. >> DO YOU HAVE QUESTIONS OF INTERVENER NUMBER TWO. DOES APPLICANTS HAVE ANY QUESTIONS OF INTERVENER NUMBER ONE? >> NO, MA'AM. >> AND DO HAVE YOU ANY QUESTIONS OF INTERVENER NUMBER TWO? >> NOT OF INTERVENER NUMBER TWO BUT OF THE WITNESS THAT WAS PRESENT. >> MR. SAVAGE, HI. JUST A REAL COUPLE QUICK FOLLOW-UP QUESTIONS TO WHICH YOU WERE SAYING A FEW MOMENTS AGO. SO JUST YOU HAVE BEEN OUT THERE FOR 38 YEARS SO YOU DO KNOW WHERE WATER FLOWS AND HOW IT GOES AND WHICH DIRECTION IT'S GOING TO BE GOING INTO, CORRECT. >> NOW YOU INDICATED SPEAK JUST A LITTLE CLOSER. >> YES, SIR. >> TALKING TO MOTOR. >> BOTH OF YOU. IT WOULD BE GREAT. >> WHEN YOU ARE MAKING YOUR COMMENTS WE WERE TALKING ABOUT THE SOUTHWEST CORNER OF THE PROPERTY, CORRECT? >> YES, SIR. >> OKAY. YOUR COMMENT WAS DURING PERIODS OF FLOODING THERE WAS WATER COMING FROM OUR PROPERTY ONTO THE HIGH POINT PROPERTY, CORRECT? >> WHAT STORM EVENTS WERE THOSE FLOODING CONDITIONS, DO YOU KNOW? HOW HEAVY THE RAINFALL WAS, WAS IT A TYPICAL FLUID THUNDERSTORM OR LIKE A MAJOR -- >> NO IT WAS DEFINITELIEL DIDDUGE OR WHATEVER YOU WANT TO -- DEFINITELY A DELUGE OR WHATEVER YOU WANT TO CALL IT. MAJOR FLOODING. >> SO THEN THAT'S THEORETICALLY POSSIBLE EXCEEDENCE OF A DESIGN EVENT STORM ON THE PROPERTY. I UNDERSTAND YOU ARE NOT AN ENGINEER BUT W STORM EVENT. NOW DID YOU SAY SOMETHING THERE ABOUT THE SOUTHEAST CORNER OF THE PROPERTY? >> YES. >> YES, WE DID. >> THAT'S WHERE THE PUMP IS? >> NO. THE PUMP IS IN THE MIDDLE. THERE IT GOES. THE PUMP IS LOCATED RIGHT ABOUT THERE. [03:00:08] >> THAT'S WHAT TAKES IT OVER TO THE SAVANNAHS. >> YES IT TAKES IT TO THE SAVANNAHS. >> ARE YOU FAMILIAR WITH THE SOUTH FLORIDA PERMIT FOR THIS PARTICULAR PROPERTY WHICH TALKED ABOUT THE TWO METHODS OF DISPOSAL OF STORM WATERS? >> YES, SIR. >> AND YOU KNOW THE PRIMARY IS THE PRIMARY IS TO TAKE IT TO THE SAVANNAHS AND THEN THE SECONDARY IS TO FOLLOW THE DITCH NORTH AND DOWN CANAL 10 TO PRESUMABLY THE NORTH FLOOR THROUGH WHATEVER SYSTEM IT GOES THROUGH? ARE YOU AWARE OF THAT? >> THE FIRST PART GOING INTO THE SAVANNAHS THE SECOND PART ABOUT THE CANAL SAY THAT AGAIN? >> THE PERMIT THAT INFORMATION THAT WE SAW SHOWS THAT THERE WERE TWO METHODS OF DISCHARGE FROM THE HIGH POINT AREA. METHOD NUMBER ONE IT GETS COMPLICATED AS TO WHERE THE TRIGGER MECHANIC 96 -- MECHANIC IN THIS CASES WERE. THEN THERE WAS A SECONDARY ONE THAT INVOLVED WATER FLOWING NORTH IN THAT DITCH IT'S KIND OF OFF YOUR AERIALS HERE BUT IT GOES NORTH IN THAT DITCH THEN IT WILL MAKE A LEFT HAND TURN AS YOU ARE HEADING NORTH AND HEAD WEST TOWARDS THE CREEK BUT DOWN CANAL 10? >> NO. THERE IS A -- WHAT DO YOU CALL IT? A SPILL WAY, A DAM, THERE'S A WHAT DO YOU CALL IT. IT'S WHERE YOU STOP THE FLOW OF WATER. YOU -- THIS CANAL DOES NOT EMPTY INTO ANYTHING. IT IS ONLY DRAINED BY HIGH POINT. IT DOES NOT EMPTY OUT. >> OKAY. THAT APPEARS TO BE IN CONFLICT WITH WHAT'S IN THE SOUTH FLORIDA DOCUMENTS THAT I HAVE BUT THAT'S -- >> AT THE VERY BEGINNING OF THIS CANAL THERE IS A GATE THAT CLOSES THAT WATER OFF FROM ANYTHING ELSE AND IT'S ONLY PUMPED OUT BY HIGH POINT OF SECTION TWO OR THROUGH THE SYSTEM OF HIGH POINT THAT MAY BE WHAT'S ALLUDED IN HERE BUT IT DOES IMPLY THIS PERMIT THAT THE I'M READING FROM THIS PERMIT THAT THE COUNTY HAS APPROVED THE DISCHARGE INTO THE SAVANNAHS BUT WILL HAVE OPTIONS OF DISCHARGE INTO CANAL 10 INTO THE FUTURE. MY POINT IS THIS, IS THAT THE FLOODING CONDITIONS THAT OCCUR IN PERIODS OF EXCESSIVE RAIN AT HIGH POINT ARE PROBABLY DRAWN ON BY A COMBINATION OF FACTORS AND NOT NECESSARILY SOLELY BY OUR PROPERTY TO THE SOUTH? I DON'T LOOK FOR IT TO BE AN ADVERSARYAL-TYPE ACTION. AS WE ADVANCE FORWARD AND TO WIND FROM THERE MAY OR MAY NOT BE A PROBLEM. I BELIEVE THERE'S A WETLAND IN THAT AREA. >> YES. THAT MAY VERY WELL BE AN ISSUE THAT WE ARE WORKING IN THAT AREA AND I BELIEVE THAT WETLAND WAS SCHEDULED FOR MITIGATION. SO THAT WILL GO AWAY AND OF COURSE AS YOU KNOW. WHEN WHICH COME IN AND DO OUR DEVELOPMENT PLANS WE HAVE TO REGRADE OUR SITES SO WE DO NOT DISCHARGE OFF. WE'LL BE HAPPY TO MEET WITH THEM TO WORK IT OUT. THAT'S ALL I GOT. >> THANK YOU VERY MUCH. THANK YOU VERY MUCH. NOW DOES INTERVENER NUMBER ONE HAVE ANY QUESTIONS OF INTERVENER NUMBER TWO? DO YOU KNOW WHO YOU ARE? I HOPE DO YOU. >> JUDGE. >> I'M MUCH NICER THAN THE JUDGES YOU MEET, I BET. >> THEY ARE ALL VERY NICE. NO I HAVE NO QUESTIONS. >> VICE VERSA. >> THANK YOU. THANK YOU VERY MUCH. HERE WE ARE AT DOES THE COMMISSIONERS. DO THE COMMISSIONERS HAVE ANY FOLLOW UP QUESTIONS FOR EITHER INTERVENER ONE OR INTERVENER TWO? >> MAYOR, YEAH, I WAS ASKING MY COLLEAGUE WHO'S SEEN A LOT OF THESE MAPS AND BEEN AROUND A LONG TIME I WAS TRYING TO GET MY BEARINGS HERE ON THAT SOUTH AND SOUTHWEST DRAWING I NEED A [03:05:02] BIGGER CONFIGURATION. AS I KNOW THE PROPERTY THAT'S IN QUESTION FOR DEVELOPMENT. THERE'S A ROAD THAT CUTS THROUGH THERE, RIGHT THEN THERE'S SOME BUSINESSES? >> YOU ARE TALKING ABOUT DIXON. >> SO I'M TRYING TO GET MY BEARINGS ON THAT AND THAT WHOLE AREA OF UNDERSTANDING. THAT'S CALLED INTO QUESTION RIGHT NOW. SO ARE YOU ASKING FOR THEM TO -- I'M TRYING TO GET A BIGGER MAP, PLEASE IF I CAN. NO IT'S A GOOD QUESTION IT TAKES ME SOME TIME TO GET MY BEARINGS. TOO. I THINK BELIEVE STAFF WILL PULL UP A BIGGER MAP. I'M HAPPY TO POINT OUT WHERE HIGH POINT IS LOCATED. >> THERE IT IS. SO, COMMISSIONER ZWRONCHES ANSWER YOUR QUESTION THE PROPERTY -- JOHNSON TO ANSWER YOUR QUESTION THE PROPERTY TO THE NORTH OF THE TOP OF THE SCREEN THERE WAS A DEPICTION OF HIGH POINT 1, 2, 3 THE PROPERTIED TO THE SOUTH IS GATOR TRACE. AND THE PROPERTY TO THE WEST ARE I BELIEVE MORE OR LESS COMMERCIAL AND SOME RESIDENTIAL PARCELS. >> I GOT MY BEARINGS NOW. THIS PLAT IN THE MIDDLE HERE IS THE PROPOSED DEVELOPMENT. RIGHT THERE. OKAY. OKAY. SO YOU'RE SAYING THE BREACH OF THE PROPERTY THAT'S IN THE SOUTHEAST AND SOUTHWEST CORNERS IS THAT WHAT YOU JUST. >> YES, COMMISSIONER. OKAY. THANK YOU. YOU WON'T HEAR FROM ME NOW. I WAS HAVING A HARD TIME. THANK YOU VERY MUCH. I BELIEVE HELP ME OUT MADAM ATTORNEY WE ARE NOW TIME FOR THE PUBLIC TO HAVE ANY COMMENTS, IS THAT CORRECT? >> YES, MA'AM. >> ANY MEMBER OF THE PUBLIC WHO WANTS TO ADDRESS THE COMMISSION ON THIS ISSUE PLEASE COME FORWARD. PLEASE COME FORWARD. STATE YOUR NAME YOU WILL HAVE THREE MINUTES YOU WILL GET A WARNING. >> CHRIS WELL I AM THE PRESIDENT OF GARDEN VILLAS. >> WERE YOU SWORN IN. OKAY. THANK YOU. >> MY WHOLE CONCERN ABOUT THIS THAT BERM SHOULD BE PUT ON THE DEVELOPER'S PROPERTY BECAUSE TALK ABOUT THE MAINTENANCE. WE NEED A RIGHT OF WAY OR SOMEBODY IS GOING TO NEED A RIGHT OF WAY TO GET IN THERE TO MAINTAIN IT. SO YOU'RE TALKING ABOUT PUTTING IT ON THE COUNTY PROPERTY, YOU'RE CLOSING IN. ARE YOU GOING COME ON GATOR TRACES PROPERTY TO GET TO THE BACK SIDE OF IT. SO MY POINT IS IT SHOULD BE ON THE DEVELOPER'S PROPERTY. USE THE COUNTY RIGHT OF WAY THERE TO USE IT FOR MAINTENANCE AND MAINTAINING THAT BERM. THAT'S YOU WILL I HAVE. THANK YOU. >> ANY OTHER MEMBER OF THE PUBLIC WANTS TO ADDRESS THE COMMISSION ON THIS SUBJECT PLEASE COME FORWARD. >> GOOD EVENING MY NAME IS PATRICIA GOMEZ I LIVE IN HIGH POINT SECTION 2. I'M A -- >> YOU WERE SWORN IN, MA'AM. >> YES, I WAS SWORN IN. >> I HAVE LIVED IN HIGH POINT IN 1998 IN THE CONDO THAT ACTUALLY BACKS ONTO THE CANAL IN QUESTION THAT THEY WERE JUST SHOWING ON THE MAP I KNOW THAT I HAVE EXPERIENCED SEVERAL FLOODS IN MY BACKWARD. SOME OF THEM IN RECENT YEARS HAVE COME VERY CLOSE TO MY CONDO AND I AM VERY WORRIED THAT IF ANY MORE WATER COMES IT WILL CERTAINLY FLOOD OUR CONDOS THERE AND CERTAINLY WE'VE HAD SEVERAL FLOODS THAT HAVE ACTUALLY COME INTO OUR STREETS. THERE'S NO IF WE HAVE ANY KINDS OF FLOODS A TROPICAL STORM OR SOMETHING LIKE THAT OUR STREETS FLOOD. MY CARS HAVE FLOODED OUT BEFORE. BUT THE STREETS FLOOD QUITE OFTEN AND QUESTION OBVIOUSLY CAN'T WALK IN THE STREETS OR GO IN THE STREETS. I COME HOME IN THE EVENING AND HAVEN'T BEEN ABLE TO REGRET TO MY CONDO BECAUSE THE STREETS ARE FLOODED. BUT IT WORRIES ME THAT THIS PARTICULAR PLAT WITH THE AMOUNT OF WATER THAT YOU SEE [03:10:05] THERE WEATHER THEY'LL ACTUALLY BE ABLE TO ABLE TO CARRY THATTABILITY OF HOUSING IN IT AND ALSO WHETHER THEY WILL BE ABLE TO PUT THE BOUNDRIES UP TO STOP THE ANIMALS FROM COMING INTO OUR BACKYARD BESIDES THE WATER AS WELL. THAT WORRIES ME ALL OF THOSE THINGS. THANK YOU VERY MUCH. >> CAN YOU SPELL YOUR LAST NAME FOR ME PLEASE. [INAUDIBLE]. >> ANYONE ELSE? ANYONE ELSE A MEMBER OF THE PUBLIC. ANYONE ELSE? ALL RIGHTY. SO NOW WE'RE GETTING READY TO DO OUR CLOSING ARGUMENTS HERE. WHAT I WOULD LIKE TO DO IS THE APPLICANT TO MAKE FINAL COMMENTS IN YOUR LIMITED TO THREE MINUTES IF YOU HAVE ANY COMMENTS. WHEREVER YOU ARE. THERE YOU ARE. >> MADAM MAYOR, COMMISSIONERS FOR THE RECORD MY NAME IS DENNIS MURPHY I'M WITH THE FIRM OF CULPEPER INTERPRETING. WE HAVE HEARD A NUMBER OF COMMENTS THIS EVENING. MOST IMPORTANTLY WE'VE HEARD THAT ADMITTEDLY THERE ARE SOME POTENTIAL INCONSISTENCIES BETWEEN WHAT IS WRITTEN AS THE STRICT CODE AND WHAT IS IN THE GRAPHICS THAT ARE APART OF IT. AS I SAID EARLIER I BELIEVE THAT THE SUM OF THE PARTS IS THERE IN THE APPLICATION BUT IT MAY NOT FOLLOW THE STRICT APPLICATION OF IT. SO TO THAT END, AND WE WOULD SUGGEST THAT AT THIS PARTICULAR POINT IN TIME THAT THE COMMISSION TAKE NO ACTION ON THIS PARTICULAR MATTER AND SIMPLY REMAND IT BACK TO STAFF FOR FURTHER ACTION OR PROCESSING AND BRINGING IT BACK TO YOU WITH THE QUESTIONS ANSWERED THAT YOU ARE ASKING FOR. KEEPING IN MIND THAT THE INFORMATION THAT WE'RE PRESENTING IS EXACTLY WHAT WOULD BE PRESCRIBED BY CODE IN THE MANNER THAT APPARENTLY YOU SEEK TO HAVE IT PRESCRIBED BY CODE. IT WOULD NOT NECESSARILY INVOLVE FULL CONSTRUCTION LEVEL PERMITTING HOWEVER IT'S POSSIBLE THAT WE COULD BRING BOTH PRELIMINARY AND FINAL PLATS BACK IN WHICH WOULD THEN BE THAT THRESHOLD OF CONSTRUCTION PERMITTING. AS YOU KNOW WE ARE ACTIVELY PURSUING CRUX PERMITS FOR THIS SITE FROM THE -- CONSTRUCTION PERMITS FOR THIS SITE THAT WILL ADDRESS THE STORM WATER ISSUES AND WILL ADDRESS THE ISSUES. TO THE DEVELOPMENT OF THE PROPERTY. UNDER THE LAST THING THAT YOU WANT TO DO IS GET INTO AN APPROVAL ACTION FOR A PROJECT THAT COULD BE CHALLENGED AND THE LAST THING I WANT TO DO IS GET YOU TO DISAPPROVE A PROJECT. SO WITH THAT SAID, IT MAY BE AS SIMPLE AND I'LL DEFER TO ADMINISTRATION AND LEGAL IT MAY BE AS SIMPLE TO SIMPLY DEFER ACTION ON THIS TO A DATE UNCERTAIN AND WE WILL GO BACK THROUGH RENOTIFICATIONS AND BE BACK HERE IN THE FUTURE. HOPEFULLY AT THAT PARTICULAR POINT IN TIME WE WILL BE FAR ENOUGH DOWN THE ROAD THAT MANY OF THE QUESTIONS THAT ARE BEING ASKED TODAY WILL BE TAKEN CARE OF AND ADDRESSED. AGAIN I TOLD YOU THINGS ARE CONSTANTLY MOVING IN THIS OVERALL PROJECT AND YOU KNOW, 10 DAYS FROM NOW WE'LL HAVE WE COULD HAVE A COMPLETELY DIFFERENT PERSPECTIVE AND PICTURE OF THINGS. SO TO THAT END THAT'S WHAT I GOT SAY FOR THAT ONE. >> THANK YOU VERY MUCH. THANK YOU. >> INTERVENER NUMBER ONE DO YOU HAVE COMMENTS AND YOU ARE LIMITED TO THREE MINUTES. I'M SORRY. >> FOR THE RECORD I'M DAVID EARL ROSSER REPRESENTING GATOR TRACE MASTERS ASSOCIATION. >> I DISAGREE WITH THE APPLICANT THAT ALL THE MATERIAL YOU NEED IS IN THE RECORD. THERE'S NOBODY THAT KNOWS WHERE THAT BERM IS GOING TO BE LOCATED TODAY. NOBODY. SO IT CAN'T BE REFLECTED IN THE PRELIMINARY PLAT THAT'S JUST THE BOTTOM LINE TO THAT. SECONDLY, I PUT MY ATTORNEY'S HAT ON, YOU HAVE NOW CONDUCTED A PUBLIC HEARING ON THIS PRELIMINARY PLAT REVIEW, YOU ARE ON ORDINANCE -- YOUR OWN ORDINANCE SAYS IT'S 121-9 PLAT PROCEDURE IT'S ITEM A-4 THE CITY COMMISSION SHALL HOLD A PUBLIC HEARING, YOU'VE DONE IT AND APPROVE APPROVAL OF THE CONDITIONS OR DISPROVE THE PRELIMINARY PLAT. IT DOESN'T SAY YOU CAN CONTINUE IT, IT DOESN'T SAY YOU CAN KICK THE CAN DOWN THE ROAD. IT JUST LAYS OUT FOR YOU THIS IS WHAT YOU DO. I WILL DEFER TO YOUR OWN ATTORNEY. BUT YOU ARE GOVERNED BY THE LANGUAGE. [03:15:01] CERTAINLY AN APPLICANT CAN ALWAYS WITHDRAW WHAT APPLICATIONS ARE PENDING AT ANY TIME. BUT I SUGGEST TO YOU RESPECTFULLY YOUR OPTION IS YOU HAVE TO DISAPPROVE IT. SO DISAPPROVE IT WITHOUT PREJUDICE THEY CAN COME BACK AGAIN. WHAT HE SUGGESTED YOU DO YOU DON'T HAVE THE AUTHORITY, AT LEAST IN OUR VIEW UNDER YOUR OWN CODE TO DO. SO PLEASE MAKE THE APPROPRIATE CHOICE THE APPLICATION THAT'S PENDING BEFORE YOU IS INSUFFICIENT UNDER YOUR CODE. IF YOU. >> THANK YOU, SIR. INTERVENER NUMBER TWO DO HAVE YOU CLOSING REMARKS? >> JOHN CARRIGAN FOR INTERVENER NUMBER 2. HAVE YOU HEARD COMPETENT AND SUBSTANTIAL EVIDENCE THE COMPETENCE SUBSTANTIAL EVIDENCE BEFORE YOU IS THE APPLICANT THAT THEY HAVE NOT MET THE REQUIREMENTS OF YOUR CODE. THE COMP INTENTS AND SUBSTANTIAL EVIDENCE BEFORE YOU PROVIDED BY MY CLIENT AND MR. SAVAGE IN PARTICULAR IS THAT THE REPRESENTATIONS TO THIS COMMISSION THAT WATER ONLY FLOWS SOUTH IN THE PROPOSED DEVELOPMENT IS INCORRECT. IT HAS BEEN UNCONTROVERTED OR TESTIMONY BY MY CLIENT THAT THEY SUSTAIN FLOODING BECAUSE PORTIONS OF THE SAVANNAH PRESERVE ACTUALLY FLOW NORTH INTO HIGH POINT SECTION 2. SO BASED ON THE COMPETENT AND SUBSTANTIAL EVIDENCE, BASED ON THE APPLICATION OF YOUR CODE I THINK IT'S TO THE INTERVENER TO ACCEPT A DENIAL BECAUSE THE CODE HAS NOT BEEN MET OR WITHDRAW THEIR APPLICATION. WITH THAT BEING SAID I THANK YOU AND TRUST YOUR JUDGMENT. >> STAFF DO YOU HAVE ANY COMMENTS? >> NO, MA'AM. >> ALL RIGHT. SO, THE APPLICANT YOU HAVE ONE MORE SHOT AT IT ONE MINUTE. >> AGAIN FOR THE RECORD DENNIS MURPHY CULPEPER INTERPRETING. I UNDERSTAND THE COMMENTS THAT WERE MADE A MOMENT AGO ABOUT THE OPTION 1, OPTION 2, OPTION 3. DOOR NUMBER 1, 2, 3 ON THE SCREEN IN FRONT OF US. OBVIOUSLY FROM A DEVELOPMENT PERSPECTIVE WE DO NOT WANT TO GET A DISAPPROVAL. IF THE COMMISSION IS SO INCLINED TO DISAPPROVE THE APPLICATION I WOULD THEN RESPECTFULLY REQUEST THAT THE APPLICATION SHOULD BE WITHDRAWN FROM FURTHER CONSIDERATION AS THE APPLICANT AND THAT WE WILL COME BACK IN WITH ADDITIONAL INFORMATION TO YOU IN THE FUTURE. I CAN ASSURE YOU IT WILL BE A VERY SHORT IMMEDIATE FUTURE BECAUSE WE HAVE SOME VERY TIGHT TIMELINES THAT WE'LL BE WORKING ON. >> THANK YOU, SIR. SO AT THIS TIME THIS PUBLIC HEARING IS CLOSED AND WE ARE THIS ITEM IS NOW BACK TO THE COMMISSION FOR OUR DISCUSSION AND DECISION. >> MADAM, MAYOR. >> YES, SIR, MR. GILMORE CAN YOU PULL BACK UP THE CODE. MADAM MAYOR MAYBE THIS IS SOMETHING THAT THIS IS SOMETHING THAT THE CITY ATTORNEY AND THE CITY MANAGER SHOULD LOOK AT. BUT, I'VE BEEN TRYING NOT TO PUT ON MY ATTORNEY'S HAT. I KNOW IT'S COMMON KNOWLEDGE IN LEGAL FIELD THAT SHALL IS NOT MUST. THE SUPREME COURT HAS TALKED ABOUT THIS IT'S INTERPRETATION AND WE HAVE JUMPED TO READING THIS AS THE PRELIMINARY PATH MUST BE PREPARED BY LAND SURVEYOR REGISTERED IN THE STATE AND MUST CONTAIN THE FOLLOWING INFORMATION. THE WORD SHALL DOES NOT MEAN MUST. THE SUPREME COURT HAS SAID THAT THE FEDERAL RULES OF CIVIL PROCEDURE HAS GONE SO MUCH TO TRY TO TAKE THE WORD SHALL OUT OF MOST OF THEIR RULES. SO I DON'T KNOW WHY WE HAVE CODE WHY WE JUMP TO THIS CODE IS BEING INTERPRETED AS AS MUST. WE'VE HEARD TESTIMONY THAT THIS IS HOW WE'VE BEEN PRACTICING AND DOING THINGS FOREVER SO NOW ARE WE GOING TO MAKE EVERY DEVELOPER COME IN AT THIS STAGE OF A PRELIMINARY AND SAY THAT THEY MUST PROVIDE A-QRK? Q? THAT'S NOT WHAT THIS CODE IS SAYING. I WASN'T HERE WHEN THE INTENT OF THIS CODE WAS [03:20:03] WRITTEN. I HAVEN'T SEEN ANY TYPES OF NOTES TO SAY THAT WHOEVER WROTE THIS CODE WANTED A-Q PRESENT. THEY HAVE PRESENTED EVERYTHING EXCEPT TWO THINGS. THIS IS A PRELIMINARY CODE. THIS IS WHY WE'RE HERE. THIS IS NOT THE FINAL PLAT THIS IS NOT THE FINAL THING. SO BEFORE WE GET SO READY TO DISMISS OR LET SOMEONE WITHDRAW OR WHATEVER I'M JUST SIMPLY SAYING THAT MY COLLEAGUES THE ATTORNEYS UNDERSTAND THAT MANY LITIGATIONS GO OVER THE WORD SHALL. GOING OVER THE WORD SHALL BUT THIS IS SOMETHING THAT THE SUPREME COURT OF THE UNITED STATES HAS ALREADY SAID SHALL DOES NOT MEAN MUST. SO I WANT MY COLLEAGUES TO UNDERSTAND THAT. IF WE'RE ABOUT TO GO DOWN THIS PATH AND WE'RE ABOUT TO MAKE THIS SHALL A MUST THEN WE'RE SETTING OURSELVES UP AND WE HAVE TO GO BACK AND WE'RE GOING TO HAVE TO CHANGE IT FOR EVERYBODY ELSE THAT COMES IN FRONTED OF US. SO I'M JUST PUTTING THAT ON THE RECORD. I'M JUST PUTTING IT ON THE RECORD BECAUSE IN MY INTERPRETATION AS SITTING HERE, JUST LIKE THEIR INTERPRETATION OF THE STRICTEST MY INTERPRETATION IS IT SHALL I MAN IT COULD HAVE SOME OF IT, IT COULDN'T HAVE SOME OF IT. HERE WE ARE WE MAKE A DECISION ON THE PLAT AND IF YOU READ DOWN IF YOU READ DOWN IN 4 FOR THE FINAL, IT GOES TO THE SAME THING. BUT AT THAT TIME WHEN WE GET TO A FINAL IT SAYS PERMITTING WILL HAVE EVERYTHING AS IF THAT CONSTRUCTION PERMIT REQUIRES. SO I JUST WANT US TO BE VERY -- I JUST WANT US TO BE VERY CAREFUL BEFORE WE GO DOWN THIS PATH WITH THIS CODE BECAUSE IF THIS IS WHERE WE ARE GOING THEN WE NEED TO GO BACK AND LOOK AT THIS CODE AND CHANGE THIS CODE BECAUSE EVERY OTHER DEVELOPER THAT COMES TO THE CITY OF FORT PIERCE OR EVERY OTHER PERSON WHO DOESN'T WANT A DEVELOPMENT TO SECURE IS GOING TO COME BACK TO THIS HEARING AND SAY YOU MAKE THAT DEVELOPER DO EVERYTHING WHY ARE YOU NOT MAKING THIS DEVELOPER DO EVERYTHING? WE ARE SETTING OURSELVES UP. SO, I DON'T KNOW I REFER TO THE CITY ATTORNEY. I DON'T KNOW AT THIS JUNCTURE SHOULD WE ALLOW THE AM CAN'T TO JUST WITHDRAW AND WE -- THE AM CAN'T TO JUST WITHDRAW, -- APPLICANT TO JUST WITHDRAW. OR SHOULD WE MAKE THIS MOTION AND DO A VOTE AND THEN WE'RE GOING TO HAVE TO LIVE WITH WHATEVER THIS VOTE IS GOING FORWARD. SO THAT'S MY INTERPRETATION OF THE LAW. NOW MAYOR, AND HIS COLLEAGUES AND ALL THE LAWYERS OVER HERE WE CAN PROBABLY GO STAND IN FRONT OF ANY JUDGE, NOT YOU, MAYOR. >> NOT ME, NO. >> AND MAKE OUR ARGUMENT ON EACH ONE OF THESE WHERE IT SHOULD BE SHALL IT SHOULD BE MUST. I ALMOST WILL SAY WE GET IN FRONT OF THE RIGHT JUDGE HE OR SHE WILL LOOK AT ALL OF US AND SAY I DID NOT BELIEVE YOU'RE IN MY COURTROOM FIGHTING ABOUT SHALL AND MUST BUT IT HAS HAPPENED. I READ CASE LAWS. SEW JUST WANTED TO BE VERY CLEAR TO WHAT WE'RE DOING BECAUSE WE'RE SETTING PRECEDENTS GOING FORWARD AND WE NEED TO BE VERY CLEAR BECAUSE ON ONE HAND I'M SITTING HERE WITH ASKING DEVELOPMENTS TO COME IN. ON THE OTHER HAND, WE HAVE A DUTY TO PROTECT OUR RESIDENTS FROM ALL THEIR CONCERNS. I HEAR EVERYBODY, I UNDERSTAND. BUT WE'RE AT A JUNCTURE NOW HERE THAT GOING FORWARD AND WE'RE GOING TO MAKE THE CITY MANAGER'S OFFICE AND THE ENGINEER'S OFFICE WE'RE ABOUT TO CHANGE EVERYTHING THAT THEY'VE BEEN DOING. SO WE NEED TO BE REAL CAREFUL. LET'S SLOW DOWN FOR A SECOND. I WILL GET TO A QUESTION AND I WILL GET TO THE QUESTION, I'M SORRY. MY LITTLE LAWYER TALK. MY QUESTION IS, MADAM ATTORNEY, AT THIS POINT OF THIS HEARING WE HAVE HAD A REQUEST FROM THE APPLICANT TO WITHDRAW HIS -- TO WITHDRAW THIS REQUEST. IF THAT'S THE CASE SHOULDN'T WE AT THAT POINT SAY JUST LIKE IN A COURT OF LAW SINCE WE'RE NOT IN A COURT OF LAW THAT, OKAY WE HAVE A WITHDRAWAL LET'S STOP IT OR SHOULD WE GO ON I DON'T KNOW I'M ASKING YOU. >> OKAY. I'M GOING TO TRY TO ADDRESS [03:25:02] EVERYTHING YOU SAID IN ORDER. [LAUGHTER] >> I'M GOING TO START WITH GOING BACK TO OUR CODES. SO OUR CODE DEFINES A PRELIMINARY PLATS FOLLOWS PRELIMINARY PLAT MEANS A DRAWING WHICH SHOWS THE PROPOSED LAYOUT OF A SUBDIVISION IN SUFFICIENT DETAIL TO INDICATE ITS WORKABILITY IN ACCORDANCE WITH SECTIONS 121-9 AND 121-10. BUT IS NOT IN FINAL FORM FOR RECORD RECORDING AND THE DETAILS ARE NOT COMPLETELY COMPUTED. SO, THIS IS A DOCUMENT THAT'S NOT READY TO BE RECORDED WITH THE CLERK OF COURTS. IT'S NOT THE FINAL CONTROLLING DOCUMENT. HOWEVER, THE DEFINITION SAYS IN ACCORDANCE WITH SECTIONS 121-9 WHICH IS THE PROCEDURE THAT MUST BE FOLLOWED AND 121-10 WHICH IS THE SECTION THAT LISTS ALL OF THOSE 17 REQUIREMENTS. I DON'T HAVE THE CASE OFF TOP OF MY HEAD BUT I BELIEVE IN REVIEWING THE COMMISSIONS ACTIONS WHAT A COURT WILL DO IS LOOK AT THE PLAIN LANGUAGE OF OUR CODE FIRST. THEY WILL NOT LOOK BEHIND IT TO SEE WHAT WE'VE DONE IN TERMS OF OTHER CASES OR PRIOR CASES THAT ARE NOT BEFORE THE COURT. IT'S MY OPINION THEY WOULD LOOK AND SAY THIS IS WHAT THE CODE REQUIRES. THAT WILL BE ONE OF THE THREE PRONGS THAT THE COURT WILL CONSIDER IN EVALUATING WHETHER OR NOT WE HAVE A DECISION THAT CAN BEUP HELD. NUMBER ONE IS THERE COMPETENT SUBSTANTIAL EVIDENCE WHICH ALL OF YOU HEARD ME SAY A THOUSAND TIMES. PRONG TWO DID WE FOLLOW THE LAW. DO WE DO WHAT OUR CODE SAYS. NUMBER THREE WAS PROCEDURAL DUE PROCESS ACCORDING TO ALL OF THE PARTIES. I THINK WE'VE BENT OVER BACKWARDS TO MAKE SURE EVERYBODY GOT THEIR SAY 10 TIMES OVER. BUT THE ISSUE IS WHAT DOES THE PLAIN LANGUAGE OF OUR CODE SAY. SO THAT'S WHERE I HAVE TO MAKE MY BEST RECOMMENDATION WHICH IS TO PROTECT THE CITY AS A WHOLE. THAT SAID, AS FAR AS HOW THE APPLICANT CHOOSES TO PROCEED WE CAN'T ADVISE THE APPLICANT ANY MORE THAN A COURT COULD ADVISE SOMEONE TO VOLUNTARILY DISMISS A CLAIM. IF ONCE THE APPLICATION IS WITHDRAWN THERE'S NOTHING LEFT FOR THE COMMISSION TO CONSIDER THE ISSUE IS MOOT AS WOULD BE A CASE THAT WAS VOLUNTARILY DISMISSED. >> SO. >> MADAM MAYOR. IF THE APPLICANT HAS WITHDRAWN HIS PETITION I DON'T WANT TO PUT WORDS IN HIS MOUTH BECAUSE HE'S HERE, THEN THERE'S NOTHING FOR US -- THERE'S NOTHING FOR US TO VOTE ON TONIGHT THAT'S MY UNDERSTANDING OF THIS BECAUSE WE ALMOST -- JUDICIAL QUASI-JUDICIAL HEARING WE ARE ACTING LIKE JUDGES UP HERE. IF THERE'S NOTHING TO RULE ON WE DON'T RULE BECAUSE YOU DON'T WANT TO MAKE BAD RULINGS. >> CORRECT. BUT WE CAN'T TELL THE APPLICANT WHAT TO DO. IT'S HIS DECISION AND HE'S GOT TO MAKE THAT DECISION FOR HIMSELF. I CAN'T. >> SO FOR THE RECORD SO I DO NOT GET MYSELF IN TROUBLE. I AM NOT TELLING THE APPLICANT WHAT TO DO. I'M JUST REPEATING WHAT I HEARD. OKAY. >> WOULD THE COMMISSION LIKE TO HEAR FROM THE APPLICANT. >> YES. >> SURE. >> MADAM MAYOR, COMMISSIONERS IN LIGHT OF THE LENGTHY DISCUSSION THAT WE'VE HAD ON THIS PARTICULAR MATTER I APOLOGIZE FOR THE TIME THAT HAVE YOU HAD TO SIT THROUGH ALL OF THIS IT HAS BEEN A LEARNING EXPERIENCE FOR US ALL AND PLEASE CONSIDER THIS APPLICATION IN ITS PRESENT FORM AS BEING WITHDRAWN. >> MADAM MAYOR I THINK HE NEEDS TO IDENTIFY HIMSELF. [LAUGHTER] >> THIS FOR THE RECORD MY NAME IS DENNIS MURPHY I'M WITH THE FIRM CULPEPER INTERPRETING IN FORT PIERCE. >> THANK YOU, I APOLOGIZE. >> THANK YOU, SIR. >> THANK YOU VERY MUCH. MS. EARLY I DO NEED TO TALK TO ANYTHING ELSE IN THE AUDIENCE? ARE WE DONE? >> NO, MA'AM WE CAN MOVE TO THE NEXT AGENDA IDEA. THE ISSUE IS MOOT. >> BEFORE DO YOU THOUGH I JUST WANT TO REACH OUT TO STAFF. I THINK IT'S IMPORTANT HAVE YOU HEARD THE ISSUES AND HOW WE GOT INTO THIS. WE WOULD LIKE TO BE A BUSINESS FRIENDLY CITY AND MAKE SURE THAT THINGS FLOW THROUGH THE SYSTEM. I KNOW WE HAVE NEW MANAGEMENT IN OUR PLANNING BOARD, IN OUR PLANNING DEPARTMENT AND I REALLY THINK THAT MR. FREEMAN IF YOU CAN TAKE THAT TO HEART LOOK THROUGH THIS THING. FIX THOSE LITTLE ISSUES WE DON'T DO THIS AGAIN. I KNOW WHAT WE PROBABLY HAVE DONE 8000 TIMES ALREADY [03:30:05] UNDER THE OLD SYSTEM. I THINK IT'S IMPORTANT IF WE'RE GOING TO MAINTAIN THAT BUSINESS FRIENDLY ASPECT THERE'S PROPERTY OWNER RIGHTS OUT THERE, THERE'S CONCERNS FROM NEIGHBORS AND EVERYTHING ELSE GOING ON AND IT'S IMPORTANT THAT THE CITY COMMISSION HAS AN EASY PATHWAY TO BE ABLE TO WALK DOWN THAT AND HEAR THE INTERVENERS AND ALL THE ISSUES GOING ON SO WE CAN MAKE AN INFORMED DECISION. SO I WOULD ASK YOU TO GO THROUGH THAT PROCESS AND MAKE SURE THAT WHEN YOU TELL ME THAT THIS THING HAS PASSED THROUGH ALL THE APPLICATIONS AND ALL THE REQUIREMENTS THAT WE KNOW WE'RE READY TO GO. >> I CAN ONLY REASSURE YOU THAT I'M ACTIVELY LOOKING AT ALL THE PROCESSES AT THE MOMENT. AND YOU WILL SEE SOME DIFFERENTIALS AS WE MOVE FORWARD. >> THANK YOU VERY MUCH, SIR. >> WE APPRECIATE YOUR HARD WORK AND THE HARD WORK OF STAFF AND WE WE'LL GO FORWARD. ALL RIGHTY. >> READY FOR NEXT. >> WE ARE READY FOR THE NEXT [c. Quasi-Judicial Hearing - Ordinance 22-018: An Ordinance by the City Commission of the City of Fort Pierce, Florida; Rezoning the property generally located at or near 511 South Ocean Drive, from Hutchinson Island Medium Density Residential Zone (R4-A) to Planned Development (PD); providing for a severability clause; providing for repeal of ordinances or parts thereof in conflict herewith; and providing for an effective date. Subject Property: Parcel ID: 2401-502-0026-000-6. FIRST READING] IDEA. NEXT IDEA IS USE QUASI-JUDICIAL HEARING ON ORDER 22-018 AN ORDINANCE BY THE CITY COMMISSION AND THE CITY OF FORT PIERCE, FLORIDA, REZONING THE PROPERTY GENERALLY LOCATED AT -- IF YOU CAN TAKE YOUR CONVERSATIONS OUTSIDE WE WILL TRY TO COMPLETE THIS MEETING. >> GENERALLY LOCATED AT OR NEAR 511 SOUTH OCEAN DRIVE FROM HUTCHINSON ISLAND MEDIUM DENSITY RESIDENTIAL ZONE R-4-A TO PLANNED DEVELOPMENT PD PROVIDING FOR SEVERABILITY CLAUSE PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THERE OF FORECONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. THIS IS FIRST HEARING. >> MADAM ATTORNEY I DON'T THINK YOU NEED TO READ THAT AGAIN. >> I DON'T FEEL IT NECESSARY BUT IF YOU WOULD LIKE ME TO I WOULD BE HAPPY. >> I THINK WE JUST HAD INTERVENERS BEFORE. IT'S THE SAME RULES. >> SAME RULES APPLY. STREAMLINE PROCEDURE. >> THESE PROCEEDINGS ARE NOW CALLED TO ORDER. WILL YOU CONFIRM COMPLIANCE WITH THE ADVERTISING AND NOTICE. >> THE ADVERTISING REQUIREMENTS FOR THIS ITEM HAVE BEEN MET. >> WOULD ASK YOU COMMISSIONERS ABOUT EX PARTE COMMUNICATIONS. >> YES, MA'AM. COMMISSIONER GAINES EX PARTE ON THIS MATTER. >> YES, MA'AM. >> COMMISSIONER C JOHNSON? >> I DON'T THINK SO I HAVE HAD ANY. I MAKE CHANGE THAT WHAT I'M SAYING NOW IT DOES NOT STRIKE ME THAT I'VE MET WITH ANYTHING. >> COMMISSIONER PERONA. >> NO, MA'AM. >> MAYOR HUDSON? >>. >> WELL, I HAVE ACTUALLY GOTTEN AN OFFICIAL NOTICE BECAUSE I'M WITHIN CERTAIN FEET OF THE -- SO I DON'T KNOW IF THAT EX PARTE. I GOT A LETTER FROM STAFF ABOUT IT. WOULD LIKE TO SPEAR IN THE WITNESSES. >> YES, MA'AM. DO YOU WEAR SWEAR OR AFFIRM TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. >> I DO. >> THANK YOU. >> OKAY. >> MS. COX I AM -- I THINK I HAVE SPOKEN TO THOSE FOLKS AT ONE TIME. I'M SORRY. I DO RECOGNIZE THE APPLICANTS. >> COMMISSIONER PERONA DID HAVE EX PARTE. >> I RATHER SAY YES THAN NO. SO YES. >> STAFF CONDUCT YOUR PRESENTSATION. >> GOOD EVENING MADAM MAYOR AND COMMISSIONERS. BEFORE YOU WE HAVE AN APPLICATION FOR A ZONING ATLAS MAP AMENDMENT FOR THE PROPOSED PLAN DEVELOPMENT TO BE CALLED CORAL SANDS. SUBJECT PROPERTY IS APPROXIMATELY 1.7 ACRES MORE OR LESS AND IS LOCATED AT THE SOUTHWEST CORNER OF [INAUDIBLE] AND SOUTH OCEAN DRIVE. FOR YOU YOU HAVE THE FUTURE LAND USE MAP THE SUBJECT PROPERTY HAS FUTURE LAND USE OF HIR WHICH IS HUTCHINSON ISLAND RESIDENTIAL. AND THE CURRENT ZONING IS R-4 A MEDIUM DENSITY RESIDENTIAL. THE APPLICANT IS PROPOSING A PD. IT IS CONFIDENT WITH SECTION 125-212 AND 125-136 AND IT DOES NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. THIS IS THE PLAN DEVELOPMENT WHICH CONSISTS OF 12 PLATTED LOTS FOR ATTACHED AND DETACHED SINGLE FAMILY HOMES. PLANNING BOARD AT THEIR JUNE 13TH, 2022 MEETING VOTED TO RECOMMEND APPROVAL OF THE REQUEST. STAFF RECOMMENDS APPROVAL OF [03:35:03] THE REQUEST. HERE ARE THE POSSIBLE ACTIONS OF THE CITY COMMISSION APPROVAL OF THE ZONING ATLAS AMENDMENT NO CHANGES, APPROVAL OF THE PROPOSED ZONING ATLAS AMENDMENT WITH CHANGES OR DISAPPROVAL. THANK YOU. >> ANY QUESTIONS OF STAFF? ANY QUESTIONS OF STAFF? YES? ANY RECOMMENDATIONS FROM STAFF? ANY ADDITIONS? >> NO. I'M SO USED TO SEEING THEM. WHERE ARE THEY? >> WOW. THANK YOU. >> OKAY. IF THE APPLICANT CAN COME FORWARD PLEASE. DO YOU HAVE ANY QUESTIONS OF STAFF? >> NO, MA'AM. >> FOR THE RECORD MY NAME -- [LAUGHTER] YOU GUYS SHOULD START CHARGING ME RENT. FOR THE RECORD MY NAME IS DENNIS MURPHY CULPEPER INTERPRETING HER REPRESENTING THE PETITIONER FOR THE PROJECT JOAN AS CARL SANDS. I HAVE -- PROJECT KNOWN AS CARL SANDS. >> I HAVE A SLIDE SO. >> HERE WE GO AGAIN. I SENT IT IN AHEAD OF TIME. I THINK YOU GOT IT. I GAVE THE DEPUTY, THE OFFICER A BUNCH OF HARD COPIES TO PASS OUT TO YOU ALL. KMISERS I'LL BE QUICK. FIRST OF ALL I LIKE TO SAY THANK YOU VERY MUCH WE'RE VERY PROUD OF OUR PROJECT HERE CALLED CARL SANDS. IT IS LOCATED ON SOUTH HUTCHINSON ISLAND ABOUT THREE-QUARTERS OF A MILE OR SO SOUTH OF THE INLET. YOU MAY IF YOU DRIVE UP AND DOWN 11 A OUT THERE YOU WILL NOTICE RELEASE A VACANT TRACT OF LAND ON THE WESTSIDE OF A-1 A A LITTLE BIT NORTH OF THE PARKS AND ALL. THIS IS THE SITE THAT WE'RE COMING IN TO DEVELOP HERE AT THE CORNER OF CORPUS AND A-1 A. WE ARE ACTUALLY, WE CAN LOOK AT THIS AS A BIT OF A REDEVELOPMENT PROJECT. WE'RE WORKING IN THE OLD PALM HAVEN SUBDIVISION. THERE ARE 12 PLATTED LOTS THERE RIGHT NOW. YOU WILL ASK ME THE QUESTION WHY AREN'T WE SIMPLY DEVELOPING 12 PLATTS AS THEY EXIST RIGHT NOW UNDER CITY CODE. THERE'S A CRITICAL FEATURE IN THIS PROJECT. WE FRONT A-1 A. ONE OF THE LAST THINGS WE WANTED TO GO AND DO HAVE DRIVEWAY CUTS COMING IN AND OFF OF A-1A. IN ORDER TO GET THE EFFECTIVE UTILIZATION OF THE PROPERTY WE HAVE DEVELOPED AN INTERNAL ROADWAY SYSTEM AN INTERNAL TRAVEL WAY SYSTEM WHERE WE ARE FOCUSING OUR FRONTS THE FRONT OF THE HOUSES IN TOWARDS THE STREETS AND THE BACK OF OUR HOUSES OUT TOWARDS THE PERIMETER FOR THE SIMPLE REASON IT'S THE BACK OF THE HOUSE WHERE THE BEDROOMS ARE, WHERE THE LIVING AREAS ARE AND THAT'S WHERE THE BEST VIEWS ARE GOING TO BE. SO IF YOU'RE ON THE OCEANSIDE YOU ARE GOING TO HAVE A VIEW TOWARDS THE OCEAN IF YOU ARE HAVE A RIVERSIDE THE HIGHER FLOORS YOU ARE YOU ARE GOING TO HAVE A VIEW OF THE RIVER. OUR LAND USE CLASSIFICATION OF PROPERTIES ARE ZONING ARE 4A. WE'RE ASKING FOR PD ZONING. WE HAVE 13 UNITS FOR GROSS DENSITY AND OUR NET DENSITY IS COMING OUT AT 12 UNITS. THIS IS THE GENERAL SURVEY AND THIS IS THE SHORT VERSION OF OUR SITE PLAN. WHAT YOU ARE SEEING HERE IS WE HAVE I'M SORRY, WE HAVE EIGHT NINE SINGLE FAMILY UNITS. I'M SORRY IT'S BEEN A LONG DAY. EIGHT. EIGHT DETACHED AND FOUR TWO FAMILY ATTACHED. -- OKAY. THERE YOU SEE WHAT THEY ARE. THEN THE KEY ELEMENT IN THROUGH HERE LIKE I SAID A MOMENT AGO WE HAVE OUR PRIVATE STREET IN THE MIDDLE THAT IS A PRIVATE STREET IT IS A PRIVATE ROADWAY AND PRIVATE TRAVEL WAY. IT WILL BE DEVELOPED AND MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION WITHIN OUR GROUP RIGHT HERE. NOW, ONE OF OUR KEY DESIGN FEATURES AND DESIGN ELEMENTS WE HAVE TO WORK AROUND ON THIS PROPERTY THE MAJORITY OF THE SITE DOES LIE SEA WARD OF COASTAL CONTROL 1 AS YOU ALL KNOW THE COASTAL CONTROL CONTROL IS HALF A BLOCK WEST OF A-1A AS OPPOSED TO BEING NEXT TO THE OCEAN. OUR UNITS ALONGSIDE A-1A WILL BE A LITTLE TALLER THAN OTHERS IN THE AREA BECAUSE YOU HAVE TO MEET MINIMUM FLOOD ELEVATION. THE UNITS ON THE BACK SIDE WILL BE KEPT CONSISTENT WITH GRADE FOR OTHER UNITS IN THE AREA. WE WILL MEET ALL FLOOD CRITERIA. NOW THE UNITS THEMSELVES IN OUR COMMUNITY THIS IS AN [03:40:04] ILLUSTRATION OF THE SINGLE FAMILY DETACHED UNIT. THIS ARE THREE FLOORS. FIRST FLOOR WILL COMPLY WITH ALL FLOOD PROTECTION CRITERIA. SECOND AND THIRD FLOORS OF THE PRIMARY LIVING FLOORS AS YOU CAN SEE AND YOU CAN SEE BY THE BALCONIES IT GIVES YOU THE BENEFITS OF WHAT I SPOKE OF A MOMENT AGO. THIS UNIT HAS A GROUP PATIO. DEPENDING UPON WHICH WAY YOUR UNIT FACES YOU HAVE THE BENEFIT OF LOOKING AT THE OCEAN OR THE BENEFIT OF LOOKING AT THE RIVER. SUNRISE TO SUNSET IT'S YOUR CHOICE. TWO FAMILY STRUCTURE IS VERY SIMILAR SLIGHTLY DIFFERENT IN ARCHITECTURE AND YOU SEE IT IS A STAGGERED FOOTPRINT HERE IT'S NOT LOOKING LIKE A BOX. IT HAS A LITTLE BIT OF PRIVACY AND IT WHATS SOME STYLE BUILT INTO IT. -- AND IT HAS SOME STYLE BUILT INTO IT. IT CONFORMS WITH STEREO CODES AND STANDARDS FOR LANDS ESCAPING. THAT PRETTY MUCH IS IT FROM THAT POINTED. WE ARE PROUD OF THIS PROJECT. WE BELIEVE THAT IT WILL BE AN ASSET TO THE FORT PIERCE BEACH AREA. UPON ITS COMPLETION WE ARE ACTIVELY AND ANXIOUS TO GET STARTED ON THAT AS SOON AS WE CLEAR PUD REVIEWS ASSUMING IT IS SUCCESSFUL ON OUR SECOND READING THAT WE WILL BE COMING BACK AND GOING FOR CONSTRUCTION PERMITTING AS WELL ON THIS PARTICULAR MATTER. I THINK AGAIN THIS IS PRETTY STRAIGHTFORWARD. I DON'T THINK THERE'S ANYTHING SPECIAL WE NEED TO GO INTO THIS. IF HAVE YOU ANY SPECIFIC QUESTIONS I'M HERE TO ANSWER THEM. >> ANY QUESTIONS? >> SO THE DASH LINE IS THAT COASTAL CONSTRUCTION LINE. >>IER. >> SO -- YES, SIR. >> SO THE YOU CAN'T LIVE IN THE BOTTOM FLOORS. >> THE SPACE IN THE UNITS IS DEEMED BY CODE TO BE NONHABITABLE UP TO THE FLOOD ELEVATION. ONCE YOU GET TO FLOOD ELEVATION YOU CAN GO AND DO WHAT YOU WANT TO. >> WHAT'S THE MAXIMUM HEIGHT OF TALLEST? >> YOU HAVE DOUSE YOURSELF, TOO. >> I'M PHIL THOMPSON I'M A DEVELOPER. >> WERE YOU SWORN IN? >> YES. >> GOOD. NOW YOU MAY TALK. WE ACTUALLY WENT TO DP FOR A DETERMINATION BOTTOM OF OUR FIRST WAS 13-4". >> AND THE HEIGHT TALLEST BUILDING I BELIEVE 38. THEY'RE WITHIN CODE -- THE BUILDING HEIGHTS ARE WITHIN MAXIMUM CITY CODE FOR THE PARTICULAR AREA LOCATED AND AS YOU MEASURE BUILDING HEIGHT WHICH I BELIEVE IS TO THE MID-POINT OF THE PEAK ROOF. >> OKAY. AND THE PRIVATE ROADWAY IS THAT GATED PRIVATE ROAD? >> NO, WE SPECIFIC THE QUESTION IS IT A GATED ROADWAY NO IT IS NOT. IT IS AN OPEN ROADWAY BUT IT IS A PRIVATELY MAINTAINED TRAVEL WAY IN THIS AREA. WE CHOSE NOT TO PUT GATES ONTO IT. THERE WILL BE PRIVACY FENCES BUT WE CHOSE NOT TO PUT A GATE. >> YOU SHOULD PROBABLY RETHINK THAT SOME DAY? IF YOU TAKE A LOOK AT WHAT'S HAPPENING ON A-1A THERE. ANYBODY THAT'S GOT A CIRCA DRIVEWAY HAS SOME TYPE OF BARRICADE IN THE MIDDLE OF IT BECAUSE FOLKS LOVE TO TURN AROUND WHEN THEY CAN TURN AROUND. >> THE H.O.A. NAY DECIDE TO DO THAT AT A LATER DATE. >> I'M JUST SAYING THAT. >> SO THE ONLY ENTRANCE IS TO THE HOMES AND THE GARAGES AND EVERYTHING IS ON THE STREET THE PRIVATE STREET, IS THAT RIGHT? >> THIS IS HOA DEVELOPMENT HERE, OKAY? >> ANY OTHER QUESTIONS? >> THANK YOU VERY MUCH. >> ANYONE ELSE IN THE AUDIENCE WISHING TO ADDRESS THE COMMISSION ON THIS ISSUE PLEASE COME FORWARD. ANYONE ELSE? AND THAT'S IT? YOU'RE DONE. OKAY. GREAT. [LAUGHTER] I'M CLOSING THE PUBLIC HEARING. GO AHEAD. >> I HAVE ONE QUESTION. >> DO YOU OWN ANY PROPERTY ACROSS THE STREET GOING EAST OF A-1A. >> NO. >> SO YOU DON'T, I MEAN, IF SOMEBODY BUILDS A BIG HOUSE THERE IT MAY AFFECT THE VIEW AND SO BE IT? >> IT'S POSSIBLE. >> I JUST WANTED TO MAKE CHACLEAR. >> THANK YOU. -- TO MAKE THAT CLEAR. >> I'M CLOSING THE PUBLIC HEARING IT'S BACK TO US. VERY INTERESTING DEVELOPMENT. >> FIRST OF ALL, MAYOR I WOULD LIKE TO SAY THAT I AM THRILLED THAT SOMEBODY IS TAKING AN INTEREST IN THIS PROPERTY OTHER THAN PATTY MCGEE. [LAUGHTER] IT WILL FIT IN JUST PERFECT, I THINK. THIS PROPERTY THERE'S A COUPLE LARGE PROPERTIES OUT [03:45:01] ON SOUTH BEACH THAT DO NEED TO BE DEVELOPED. WE'RE GETTING TIRED OF LOOKING AT JUST VACANT TALL GRASS TALL WEEDS GROWING BEHIND THE FENCE. I REALLY THINK THE WAY THAT YOU HAVE THAT SET UP I THINK YOU TOOK INTO CONSIDERATION YOU KNOW THE VIEW BUT NOT ONLY THE VIEW BUT THE WAY THAT A HOUSE SHOULD FACE WITH AN OCEAN IN FRONT OF YOU. IT REALLY TAKES THAT INTO CONSIDERATION. I THINK IT'S A GOOD USE OF THE PROPERTY. I THINK IT'S A VERY WORKY PROJECT IT FITS ALL MY PARAMETERS AS FAR ASICS THIS TO DO RIGHT -- AS FAR AS THINGS TO DO RIGHT. YOU WANT TO MAKE A MOTION. >> I WILL MAKE A MOTION TO APPROVE IT WITH STAFF'S RECOMMENDATIONS. >> THERE'S MOTION AND A SECOND CALL THE ROLE PLEASE. >> GOOD JOB. THANK YOU FOR STAYING THROUGH ALL THE OTHER STUFF. >> OKAY NEXT WE HAVE ANOTHER [d. Quasi-Judicial Hearing- Review and approval of a Major Amendment to a Site Plan (Development and Design Review) to construct a 34,065 square foot Retail Warehouse Expansion with associated site improvements at or near 4145 S US Highway 1, more specifically located at Parcel Control Number(s): 2434-314-0003-000-4, 2434-314-0005-000-8] QUASI-JUDICIAL HEARING FOR THE REVIEW AND APPROVAL OF A MAJOR AMENDMENT TO A SITE PLAN DEVELOPMENT AND DESIGN REVIEW, TO CONSTRUCT A 34,065 SQUARE FOOT RETAIL WAREHOUSE EXPANSION WITH ASSOCIATED SITE IMPROVEMENTS AT OR NEAR 4145 SOUTH U.S. HIGHWAY 1 MORE SPECIFICALLY LOCATED AT I WON'T READ THE PARCEL CONTROL NUMBERS. >> OKAY THIS IS A QUASI-JUDICIAL HEARING. WE HAVE HEARD THE GROUND RULES HAVE. WE MET THE ADVERTISING AND NOTICE REQUIREMENTS? >> YES, MA'AM, THE ADVERTISING REQUIREMENTS HAVE BEEN MET. >> WOULD YOU ASK COMMISSIONERS ABOUT EX PARTE COMMUNICATIONS, PLEASE. >> YES. COMMISSIONER GAINES. >> NO, MA'AM. I DON'T THINK SO. >> COMMISSIONER C JOHNSON. >> THIS WAS BEFORE US ONCE BEFORE SO FROM THAT I'M AWARE OF IT. SO I'LL SAY YES. MAJOR AMENDMENT WHAT WAS BEFORE YOU? >> SO I HAVE NOT MET WITH ANYONE AS A RESULT. OKAY. >> I JUST WANT TO BE CLEAR. >> COMMISSIONER PERONA. >> MONTH NO, MA'AM. >> NOW WOULD SWEAR IN THE WITNESSES. THANK YOU VERY MUCH. >> THANK YOU. >> STAFF YOU MAY PROCEED. >> GOOD EVENING COMMISSIONERS, MADAM. IT IS MY HONOR TO BE IN FRONT OF YOU GUYS FOR THE FIRST TIME TODAY PRESENTING. >> AND REFRESH EVERYBODY WITH YOUR NAME. >> I'M RYAN A PLANNINGER HERE. >> WE MET YOU KNOW BUT I WANT EVERYBODY TO REMEMBER YOUR NAME. >> SO I AM PRESENTING TO YOU THE MAJOR AMENDMENT TO A SITE PLAN FOR THE DEVELOPMENT AND DESIGN REVIEW OF JUSTIN'S TV AND APPLIANCES AT 4145 SOUTH U.S. HIGHWAY 1. THIS IS THE LOCATION MAP IT'S PROPOSAL 7.42 ACRES AT -- IT'S APPROXIMATELY 7.42 ACRES. THE FUTURE LAND USE OF THE TWO PARCELS IN QUESTION IS GENERAL COMMERCIAL AND THE ZONING FOR THE TWO PARCELS ARE C-3 WHICH IS GENERAL COMMERCIAL AS WELL. THIS IS THE ORIGINAL SITE PLAN THAT WAS CONFIRMED AND ACCEPTED BY THE CITY COMMISSION ON FEBRUARY 22ND. AND I HIGHLIGHTED IN YELLOW THE AREAS THAT ARE GOING TO HAVE THE SIGNIFICANT THANKS. -- CHANGES. THIS IS THE AMENDED SITE PLAN THAT IS BEFORE YOU TODAY. THERE IS ONE ADDITIONAL LOADING BAY. THERE IS 1,735 QUARTER SPET ADDED ONTO THE WAREHOUSE. THERE'S ALSO AN ENTRANCE THAT HAS BEEN TAKEN OFF A ROADWAY. HERE ARE THE ELEVATIONS OF THE PROPOSED WAREHOUSE. THIS IS THE STAFF REMP DAYS OF THAT PRESENTED TO PLANNING BOARD. I WANTED TO ENSURE HAD YOU ALL THE 4 -- INFORMATION. LANDSCAPE PURSUANT TO CITY CODE 123-6. BICYCLE PARKING SHALL BE PROVIDED AT A RATIO OF ONE SPACE PER EVERY 10 PARKING SPACES. PROVIDE AN AUTO TURN MOVEMENT SHOWING HOW TRUCKS WILL BACK INTO THE NEW LOADING BAYS AND A UNITY OF TITLE WITH THE ST. LUCIE COUNTY CLERK OF COURTS. SHALL BE CONDUCTED BEFORE THE INSURANCE OF THE BUILDING PERMIT. I DO WANTED TO STATE THAT THE APPLICANT HAS MET THE LAST THREE AND THE FIRST ONE IT IS STILL NOT IN THE PROCESS YET SO THEY WILL BE [03:50:01] DOING THAT WHEN THEY GET THE APPROVAL. THE PLANNING BOARD RECOMMENDATION OF THE SITE PLAN ON JUNE 13TH WAS VOTED UNANIMOUSLY TO RECOMMEND APPROVAL FOR THE REQUEST. TODAY FOR THE CITY COMMISSION THE POSSIBLE ACTIONS ARE APPROVE THE PROPOSED SITE PLAN IN THE DESIGN REVIEW WITH NO CHANGES, APPROVE THE PROPOSED SITE PLAN DESIGN REVIEW WITH CHANGES, OR JUST APPROVE THE PROPOSED SITE PLAN AND DESIGN REVIEW. -- OR DISAPPROVE. THANK YOU SO MUCH. >> ANY QUESTIONS OF STAFF. >> COULD YOU GO BACK TO THAT SO YOU MENTION THAT THERE WAS AN ACCESS ROAD TAKE AWAY HERE. CAN YOU HELP ME UNDERSTAND EXACTLY WHERE THAT IS HERE AND WHAT WAS -- I REMEMBER THIS THIS IS U.S. 1 TO THE RIGHT HERE, RIGHT? >> THAT IS -- U.S. 1 IS ON THE TOP. CAN YOU CURSOR THAT TO HELP ME IT ON. >> THIS RIGHT HERE IS U.S. 1. THIS RIGHT HERE IS THE ACCESS ROAD THAT ON THE NEW AMENDED IS NOT THERE. THAT IS FOR THE LOADING BAYS. THAT WAY -- >> SO THE TRUCKS WILL COME OFF OF U.S. 1 GO BACK TOWARDS THE BACK OF THE PROPERTY, RIGHT? >> YES. >> SO, THE TURN MOVEMENT THAT YOU ARE PUTTING THE CONDITIONS HERE DO WE KNOW THE MAXIMUM SIZE TRUCK THAT WILL BE COMING IN AND OUT OF HERE SO I'M CONCERNED HOW DOES THAT NAVIGATE THIS PROPERTY? SEMITRUCKS HERE LOADING. SO, SO I GUESS THE APPLICANT WE ALL TALK ABOUT THAT NET MOVEMENT I WILL BE CURIOUS AS TO THAT. ONE WAY IN OFF OF U.S. ONE AND BACK OUT TO U.S. ONE TO GET OUT OF THIS PARTICULAR PROPERTY. IT WOULD BE NOT U.S. 1, U.S. 1 IT WOULD BE -- IT MAY BE LATE I THOUGHT YOU SAID YOU CLOSED IT OFF. >> THAT WOULD BE THE ACCESS ROAD FOR THIS. >> FOR SOME REASON I HEARD YOU SAY SOMETHING WAS CLOSED OFF ON THE ORIGINAL AM CAN'T THAT'S WHAT I WAS TRYING TO UNDERSTAND. -- >> LET ME JUST -- SO IT'S LATE. HELP ME OUT. IT'S GETTING LATER. SO THE ORIGINAL HAD TWO ACCESS POINTS THERE AND THERE AND ALSO ONE HERE. NOW THAT SECOND ONE HAS BEEN REMOVED AND SO IT GIVES A BETTER TURNING ACCESS. >> OK, GOT IT NOW. THANK YOU. SEE, IT'S SIMPLE. I LIKE PICTURES. THAT'S ALL RIGHT. >> ANYBODY ELSE ANY OTHER QUESTIONS OF STAFF BEFORE I OPEN IT UP? OKAY. NOW THE APPLICANT CAN YOU COME FORWARD PLEASE. YOU WERE DYING TO TELL US WHAT WE NEEDED TO KNOW. >> I REPRESENT THE APPLICANT IN THIS MAJOR AMENDMENT TO MAJOR SITE PLAN AS STAFF MENTIONED I CAME BEFORE YOU FEDERAL 22ND I BELIEVE APPROVED BY -- FEBRUARY 22ND I BELIEVE. THE MAIN COMPONENT OF THE REDUCTION IS SO ALSO WANT TO LIMIT ACCESS AS WE CAN. REALLY WHAT HAPPENED THERE IS THAT PREVIOUS ACCESS WAS AN EXISTING ACCESS WE WERE JUST SIMPLY TRYING TO MAKE USE OF. THERE HAS BEEN SOME BORING AND SOME DISTANCE OPERATION CONCERNS FROM ST. LUCIE COUNTY. THAT WENT AWAY COUPLED WITH THE IDEA OF INVERTING THE LOADING BAY CONFIGURATION. BEFORE WE HAD THEM FACING WEST OR FACED THE RESIDENTIAL BUT FACING RESIDENTIAL AND THIS BY SWITCHING THE BAYS EAST WE REMOVED A PORING OF AN EXISTING WAREHOUSE SO THE OWN HER TO COME TO TERMS WITH THAT PROCESS BUT IT GAVE MORE OF A FEDERAL LOADING OPERATION. IF YOU ARE FAMILIAR WITH HOW THIS OPERATES THEY BASICALLY FACILITATE A VARIETY OF VEHICLES. SO THEY CONSIDER A WB-62 IT'S A LARGE SCALE SEMITRUCK TRAILER. FULL 53 FOOT. THE PURPOSE OF THEIR BUSINESS IS INTAKE OF LARGE SCALE APPLIANCES IN LARGE SECTORS. BE IT YOUR SAMSUNGS OR LGAS THOSE COME IN ONE LARGE TRAILER. BUT THE SMALLER SINGLE UNIVERSITIES OPERATE THE DELIVERIES BEYOND THAT. SO IN ORDER HOW WOULD THOSE FOUR BE FACILITATED. THE ACTIVE MOVEMENT IS VERY STRAIGHTFORWARD. A TRUCK COMES OFF OF U.S. 1 THE BULK OF THIS IS. THEY MAKE A RIGHT TURN INTO THIS FACILITY WHERE THERE'S MORE THAN ENOUGH ROOM TO MAKE A RIGHT TURN THEN SIMPLY BACK INTO THE LOADING BAY. TO EXIT THEY HEAD BACK. IT SHOULD BE NOTED HE DO HAVE AN ACCESS OFF U.S. 1 MUCH LIKE ALL DELIVERY [03:55:02] DRIVERS THEY GET INTO A ROUTINE THEY ARE ALWAYS USED TO COMING THE SAME WAY. OTHER THAN THAT MAJOR AMENDMENT WITH THAT ACCESS WE NO LONGER NEED AN INTERNAL ACCESS ROAD IF YOU WANT TO FLIP BACK REAL FAST. THERE WAS AN INTRO DRIVE THAT WENT PERPENDICULAR THAT HAS SINCE GONE AWAY. ALLOWING TO US FACILITATE A LARGELY LARGER BUILDING LOOKING AT A NET LOSS ASSOCIATED WITH THE 2100 SQAURE FOOT EXISTING STORAGE THAT WENT AWAY. THE OWNER SAW IT AS A PROBABLE BEST CASE SCENARIO. SO WE FACILITATED AND CHECKED THE BOX FOR ST. LUCIE COUNTY AND ULTIMATELY SAW MINIMAL NET LOSS IN STORAGE FACILITY AND MAINED THE ABILITY TO REALLY OVERSIGHT OF HIS TRUCKING OPERATION ALL AT ONCE WHICH IS A GREAT BENEFIT. OTHER THAN THAT I APPRECIATE STAFF. I'M HERE FOR ANY QUESTIONS YOU MAY HAVE. ANY MORE QUESTIONS OF THE APPLICANT. NO MORE QUESTIONS. OKAY, THANK YOU. ANYONE ELSE IN THE AUDIENCE WISHING TO ADDRESS THIS ISSUE PLEAS COME FORWARD? SEE NO ONE. ANYTHING MORE LAST WORDS, SIR, FROM YOU? ANYTHING MORE? >> NO, MA'AM. THANK YOU. I'M CLOSING PUBLIC HEARING. ENTERTAIN DISCUSSION OR A MOTION. >> MADAM MAYOR I MAKE A MOTION TO APPROVE. YOU GOT A QUESTION. >> WITH CONDITIONS. I SECOND THAT. >> THERE'S A MOTION AND A SECOND. CALL THE ROLL PLEASE. STAYING ALL THAT TIME. WHAT IS YOUR LAST NAME? [e. Quasi-Judicial Hearing - Review and approval of an application for Preliminary Plat, submitted by Property Owner(s) Fort Pierce Redevelopment Agency and Applicant, OMCII LLC, to subdivide approximately 3 acres of land (more or less) for The Oaks at Moore’s Creek (Phase II) located at or near 1206 Avenue B (Lot 1) and Lots 1-10 and 16-24, South of Moore’s Creek and North of Avenue B in Fort Pierce, FL. The Developer/Applicant is required to enter into an agreement with the City of Fort Pierce and post the appropriate bond regarding the completion of the outstanding site work during the Final Plat approval process. The property is currently zoned Medium Density Residential (R-4) Parcel Control Number(s): 2409-518-0001-000-8, 2409-517-0033-000-8, 2409-517-0032-000-1, 2409-517-0031-000-4, 2409-517-0030-000-7, 2409-517-0029-000-7, 2409-517-0028-000-0, 2409-517-0027-000-3, 2409-517-0026-000-6, 2409-517-0025-000-9, 2409-517-0024-000-2, 2409-517-0038-000-3, 2409-517-0041-000-7, 2409-517-0043-000-1, 2409-517-0044-000-8, 2409-517-0045-000-5.] M-C-L-E-A-N. >>> OKAY. QUASI-UNUSUAL HEARING FOR THE REVIEW AND APPROVAL OF AN APPLICATION FOR PRELIMINARY PLAT SUBMITTED BY PROPERTY OWNERS FORT PIERCE REDEVELOPMENT AGENCY AND APPLICANT OMCII, LLC TO SUBDIVIDE APPROXIMATELY THREE ACRES OF LAND, MORE OR LESS, FOR THE OAKS AT MOORE'S CREEK PHASE II LOCATED A AT OR NEAR 2006 AVENUE B LOST ONE AND LOTS 1-10 AND 16-24 SOUTH OF MORE OF MOORE'S CREEK. THE DEVELOPER APPLICANT IS REQUIRED TO ENTER INTO AN AGREEMENT WITH THE CITY OF FORT PIERCE AND POST THE APPROPRIATE BOND REGARDING THE COMPLETION OF OUTSTANDING SITE WORK DURING THE FINAL APPROVAL PROCESS. PROPERTY IS CURRENTLY ZONED MEDIUM DENSITY RESIDENTIAL R-4. >> THIS IS QUASI-JUDICIAL HEARING AND YOU HAVE HEARD THE GROUND RULES HAVE WE MET THE ADVERTISING AND NOTICE REQUIREMENTS? >> THETIZING FOR THIS HAVE BEEN MET. WOULD YOU ASK COMMISSIONERS ABOUT EX PARTE COMMUNICATIONS. >> NO, MA'AM. >> COMMISSIONER C. JOHNSON. >> NO, MA'AM, NO MA'AM. >> WOULD YOU SWEAR IN THE WITNESSES PLEASE. ANYONE WISHING TO SPEAK ON THIS ITEM STAND ASK RAISE YOUR RIGHT HANGED. DO YOU SWEAR ON AFFIRM TO THE TELL THE TRUTH -- YOUR RIGHT HAND. >> PROCEED. >> GOOD EVENING MADAM MAYOR, COMMISSIONERS. BEFORE YOU WE HAVE AN APPLICATION FOR PRELIMINARY PLAT LOCATED AT 1206 AVENUE B LOT 1 AND LOTS 1-10 AND 16-24 SOUTH OF MOORE'S CREEK NORTH OF AVENUE D. THE SUBJECT PROPERTY CONSISTS OF 16 PARCELS IT'S APPROXIMATELY THREE PLUS OR MINUS ACRES. THE APPROVAL OF THE APPROVAL IS TO SUBDIVIDE THE 16 PARCELS INTO 17 PLATTED LOTS THAT WILL INCLUDE A RECONFIGURE RIGHT OF WAY, 15 SINGLE FAMILY HOMES AND TWO WATER MANAGEMENT TRACKS. THE CURRENT FUTURE LAND USE ARE -- THE CURRENT ZONING IS R-4 THIS IS THE SUBJECT PRELIMINARY PLAT FOR THE OAKS AT MOORE'S CREEK PHASE II. PRELIMINARY PLAT MOORE'S CREEK STAFF WRITTEN APPROVAL WITH ONE CONDITION PLANNING BOARD AT THEIR JUNE 13TH, 2022 MEETING VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THE REQUEST. STAFF RECOMMENDS APPROVAL TO CITY COMMISSION SUBJECT TO ONE CONDITION. PRIOR TO SUBMITAL OF FINAL PLAT THE APPLICANT ADDRESS ALL OF CITY OF FORT PIERCE ENGINEERING COMMENTS ON THE PLAT DOCUMENT. THANK YOU. >> QUESTIONS OF STAFF. QUESTIONS OF STAFF. OKAY. WOULD THE APPLICANT PLEASE COME FORWARD.ADAM MAYOR. >> YES, SIR. ALSO WANT TO LET YOU KNOW THAT WE ARE THE CO-APPLICANT THE FPRA SO CORY IS HERE ON BEHALF OF THE DEVELOPER BUT THECO APPLICANT IS THAT OTHER BOARD BUT THE CO-APPLICANT IS THE OTHER [04:00:04] BOARD. WHERE ARE THEY TONIGHT? >> WORKING. >> STATE YOUR NAME. >> GOOD EVENING. MAYOR, COMMISSIONERS CORY O'GORMAN I'M HERE ON BEHALF OF OAKS AT MOORE'S CREEK II I'M HAPPY TO ANSWER ANY QUESTIONS THAT I CAN WE'RE EXCITED ABOUT THIS PROJECT IT'S A WORKFORCE HOUSING PROJECT INCLUDING AS WAS STATED IN THE STAFF PRESENTATION SUBDIVISION OF 15 LOTS. WE CONCUR WITH THE STAFF RECOMMENDATION WE'RE HAPPY TO PROVIDE THE ADDITIONAL OR THE REVISIONS THAT ARE REQUIRED TO COMPLY WITH THE STAFF COMMENTS AT FINAL PLAT. ONCE AGAIN I'M JUST HERE TO ANSWER ANY QUESTIONS. >> ANY QUESTIONS OF THE APPLICANT? >> MADAM, MAYOR SO, THANK YOU FOR THAT. THIS IS MOST EXCITING PROJECT THAT A CO-APPLICANT SOME OF THE CITY COMMISSIONERS EVEN EXCITED ABOUT THIS, TOO. JUST A GENERAL QUESTION FOR THOSE THAT'S WATCHING IN THE AUDIENCE. I LEARNED TODAY THAT MANY PEOPLE IN THE COMMUNITY ARE GETTING EXCITED AND GETTING THEMSELVES PURPLE HAIRED FOR HOME OWNERSHIP THEY HAVE TAKEN THE CLASSES AND PASSED SERD INDICATIONS GOTTEN SO FAR TO BE PRECERTIFIED FOR HOME OWNERSHIP. TALK TO ME A LITTLE BIT ABOUT THE DEVELOPMENT UP THERE AS FAR AS PRICE POINT FOR AFFORDABLE ATTAINABLE HOUSING. WHAT DOES THAT LOOK LIKE WITH THIS TYPE OF DEVELOPMENT? >> THE PRICE POINT SPECIFICALLY I'M NOT SURE THAT I CAN SPEAK TO BUT I CAN TELL YOU WE'RE TARGETING THE SALES BETWEEN 80% AND 20% OF MEDIAN INCOME FOR THE COMMUNITY. WE'RE ALSO WORKING WITH THE CITY THROUGH THE SHIP PROGRAM I BELIEVE TO PROVIDE SOME DOWN PAYMENT ASSISTANCE. WE HAVE ALSO BEGUN THE HOME BUYER MARKETING PROGRAMMING. WE'RE REACHING OUT TO LOCAL EMPLOYERS, SOME OF THE MAJOR EMPLOYERS IN THE COMMUNITY AS WELL AS TO THEIR REAL ESTATE COMMUNITY TO TRY TO IDENTIFY SOME OF THOSE POTENTIAL BUYERS WHO WOULD PREQUEL FOR HOMES OF THIS NATURE. THE ACTUAL SALE PRICE WOULD BE SOMEWHERE WITHIN THAT RANGE OF 80 TO 120 WITH SOME DOWN PAYMENT ASSISTANCE AS NEEDED DEPENDING ON THE INDIVIDUALS INCOME. >> THAT'S 80 TO 80 TO 1% OF MEDIAN INCOME. SO I LIKE TO BE REAL SIMPLISTIC. THOUGHT WHAT YOU SAID AT FIRST WAS THAT. NOW IT'S GOING TO BE HARD TO PIN YOU DOWN BECAUSE ESCALATING COST OF CONSTRUCTION. RIGHT. BUT IT'S, IT'S WE HAVE TO ALSO SIGNAL AND GET THAT HOPE AND OPTIMISM TO PEOPLE IN OUR COMMUNITY. I UNDERSTAND WHAT THAT IS. I GUESS I'M NOT GOING TO GET A PRICE POINT OF YOU IN A GENERAL BALLPARK OF WHAT THAT'S HOUSES WILL COST AM I? >> THE COST OF THE HOMES I'M AFRAID I DON'T HAVE THAT AT THE TOP OF MY HEAD. THE ACTUAL COST FOR CONSTRUCTION OF THE HOMES WAS ESTIMATED DEPENDING ON THE SIZE OF THE HOME WE HAVE FOUR DIFFERENT MODELS THAT WE'RE WORKING WITH THEY'RE ALL I THINK THREE BEDROOM, TWO BATH. AND THE ACTUAL CONSTRUCTION COST OF THE HOME IS IN THE $275,000 RANGE PLUS OR MINUS. AT LEAST IT WAS WHEN WE ORIGINALLY ESTIMATED THE CONSTRUCTION. >> YOU ARE ABSOLUTELY RIGHT. THE CONTRACTOR HAS SEEN SOME OF THE COSTS COME DOWN. >> THANK YOU FOR THAT. IT'S THE PEOPLE THAT ARE LISTENING TO THIS AND I KNOW IN THE COMMUNITY WE HAVE HAD GREAT TALK ABOUT THAT. AND I KNOW WE STARTED TO DO SOME PRELIMINARY INFRASTRUCTURE WORK IF I'M NOT MISTAKE NONE THAT PARTICULAR AREA AND SO, IT'S JUST ONE OF THOSE PROJECT THAT HAS A LOT OF HEART AND ASPIRATION FOR PEOPLE THAT ARE PREPARING RIGHT NOW TO BE HOME BUYER FOR THE FIRST TIME. I WANT TO MAKE SURE THEY CONTINUE TO DO THE WORK AND MAKE SURE THEY ARE GETTING PREPARING FOR THESE OPPORTUNITIES. SO I THANK YOU FOR THAT FEEDBACK. >> ANY OTHER QUESTIONS OF THE APPLICANT? >> THANK YOU VERY MUCH. IS THERE ANYONE ELSE IN THE CHAMBER WHO WOULD LIKE TO ADDRESS THIS ISSUE? SEEING NO ONE IS THAT YOUR LAST WORD. WE'RE GOOD? >> YES, MA'AM. >> THANK YOU. ALL RIGHTY I'LL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION. >> MADAM MAYOR MOVE FOR APPROVAL. >> THERE'S A MOTION AND A SECOND. CALL THE ROLL PLEASE. [b. Resolution 22-R28 Setting the time of City Commission meetings on the first and third Monday of each month.] [04:05:06] STAYING. >>> NOW WE HAVE RESOLUTION 22-R-R-28 TO SEE THING THE TIME OF THE CITY COMMISSION MEETINGS AND PROVIDING FOR AN EFFECTIVE DATE. >> OKAY THIS IS WE'VE HAD THIS DISCUSSION AT A CONFERENCE AGENDA MEETING THE RESOLUTION PROPOSES 5:05. FOR CONSISTENCY AND TO MAKE SURE THAT WE'RE ALWAYS IN COMPLIANCE. >> I WILL ENTERTAIN DISCUSSION OR A MOTION? >> I CAN'T MAKE A MOTION. YOU CAN. SO MOVED. IF THERE'S NO DISCUSSION I WILL PASS THE GAVEL AND I WILL MAKE A MOTION TO APPROVE. IS THERE A SECOND? I MEAN YOU HAVE IT. THERE'S A MOTION MADE BY THE MAYOR? THERE'S A MOTION ON THE FLOOR IS THERE A SECOND? ON RESOLUTION 22-R-28. >> I WILL SECOND THAT. MOVE TO PROPER SECOND. OKAY, VERY WELL. RECOGNIZE COMMISSIONER GAINES. >> I KNOW DURING DISCUSSION THAT OUR COLLEAGUES WASN'T IN FAVOR OF -- OUR MISSING COLLEAGUE WASN'T IN FAVOR OF THIS MOVE. HE WASN'T IN FAVOR JUST LET THE RECORD BE KNOWN THAT HE WANTED TO STAY AT HE WANTED IT TO STAY AT 4:30 OR IN HIS MIND 4:00. [LAUGHTER] SO, I JUST WANT IT ON THE RECORD SINCE HE'S NOT HERE TONIGHT TO LET HIM KNOW THAT WE LET IT BE KNOWN DURING OUR DISCUSSIONS, YOU KNOW, HE WANTED TO STAY CONSISTENT WITH HOW WE HAD IT. I JUST WANT THAT ON THE RECORD. >> ANY OTHER DISCUSSION? YES, SIR. >> YES. >> MR. MAYOR. >> YES. >> FOR THE MOMENT. FOR THE MOMENT. PRO TEM. >> YOU KNOW I THINK THIS IS IMPORTANT CONSISTENCY WAS THE ONE THING WE DID ALL AGREE TO WHEN WE TALKED ABOUT THIS THE LAST TIME. IF YOU JUST TAKE A LOOK THIS IS OUR EARLY MEETING AND WE'RE ALREADY PAST 8:30. WE HAVE ALREADY BEEN FOUR HOURS AT IT. THIS COULD GO ON EVEN LONGER THAN THAT. WHEN YOU TAKE INTO CONSIDERATION -- I WILL SAY, FIRST OF ALL THIS IS OUR MEETING. YOU KNOW. SO THAT'S THE PRIORITY RIGHT THERE IS WHEN CAN WE GET THE BUSINESS OF THE CITY DONE. SECOND THING I THINK WE NEED TO CONSIDER IS STAFF. AND MR. MIMS ALREADY SAID DON'T WORRY ABOUT STAFF. THEN TO ENGAGE THE PUBLIC IS ALSO IMPORTANT TO ALL OF US WE HAVE ALL MENTIONED THAT. SO WE HAVE TO BE SOMEWHAT SENSITIVE ABOUT THAT. IF WE'RE GOING TO STAY CONSISTENT. IF YOU DO IT LATER YOU ELIMINATE A LOT OF THE ELDERLY POPULATION IF YOU DO IT EARLIER YOU ELIMINATE THE YOUNGER ONES THAT ARE WORKING. SO I DON'T THINK THERE'S ANY REALLY GOOD THERE'S NOT A GREAT TIME FOR EITHER ONE. I TELL YOU WHAT WE'VE NOW OPERATED AT 4:30 FOR THE LAST COUPLE YEARS ON THAT AND I THINK IT'S WORKED OUT REALLY WELL THAT'S JUST MY INVESTIGATION OVER A PERIOD OF TIME MY EXPERIENCE. SO I DO AGREE THAT 5:05 DOES ACCOMMODATE SOME OF THE OTHER ISSUES THAT THE MAYOR BROUGHT UP AS FAR AS AS FAR AS OUR CONSTITUTIONAL REPORTING AND EVERYTHING ELSE LIKE THAT. SO, I LIKE EARLIER RATHER THAN LATER. I WENT OVER 10 YEARS AT 6:30 AT NIGHT MEETINGS AND I WILL TELL YOU THEY DON'T WORK REALLY WELL ESPECIALLY WHEN YOU HAVE ISSUES THAT TAKE TIME. BECAUSE WHAT HAPPENS IS THAT EVERYTHING WANTS TO GET IN A HURRY THAT'S NOT FAIR TO ANYBODY. SO THE IMPORTANT THING IS NEED TO ON THIS THAT WE WANT TO DO. WE ALREADY CONSIDERED THE OUTSIDE. WHEN ARE WE MOST FUNCTIONAL TO ME IT WOULD BE AN 8:00 IN THE MORNING MEETING JUST IN CASE IT GOES ON FOR SIX HOURS. BUT I WANTED TO BE RESPECTFUL I'M STEPPING FOR FOR MONTHS. SO, I WOULD LIKE TO HEAR FROM HEAR FROM COMMISSIONER GAINES AND JOHNSON IF WE COME TO AN AGREEMENT I THINK [04:10:01] WE CAN MAKE A DECISION. SAME THING I USED TO DO TO ALEXANDER. HE SAID THE SAME THING TO ME EVERY TIME. >> I TOYED WITH THIS BECAUSE IN MY PROFESSION I LIKE CERTAIN TIMES. BUT I'M ALSO EVEN THOUGH WHEN YOU SAID SOMETHING ABOUT STAFF CITY MANAGER DIDN'T JUMP IN. BUT WHEN I SAID SOMETHING ABOUT STAFF HE JUMPED IN AND SAID THEY WOULD BE FINE. WE WERE HERE TODAY AT 4:30 AND WE HAD A FULL HOUSE AT 4:30. SO. I BELIEVE THAT WE SHOULD KEEP IT AS IS BECAUSE PEOPLE WHO WANT TO COME IN FRONT OF US ARE GOING TO COME IN FRONT OF US AS I SAID DURING THE DISCUSSION IT GIVES THE 4:30 MEETING GIVES SOME OF OUR ELD EARLIER CHANCE TO COME TO THE -- ELDERLY A CHANCE TO COME TO THE MEETINGS IF THEY REALLY WANT TO COME. SOME DON'T DRIVE AT NIGHT. AND I DO SEE A FUTURE HOW WE ARE GROWING. HOW WE'RE GROWING AS A CITY. THAT WE'RE GOING TO TO POTENTIALLY HAVE AN AGENDA WITH QUASI-JUDICIAL HEARINGS A-Z AND I WOULD HATE TO COME IN WE HAVE TO DO IT IF THAT COMES IN THAT ONE TIME IT'S A 6:00 WE'RE GOING TO BE HERE ALL NIGHT DOING THE BUSINESS OF THE CITY OF FORT PIERCE WHICH WE'RE ELECTED TO DO. SO I JUST THINK I UNDERSTAND MAYOR HUDSON WANTS TO, I UNDERSTAND WHY SHE BROUGHT IT UP. BUT I THINK IS IT GIVES THE COMMUNITY MORE OPPORTUNITY GET IN FRONT OF US IF THEY KNOW THE DIFFERENT TIMES. I JUST DO. I THINK 4:30 TO 6:00. >> SO YOU'RE TALKING ABOUT TWO DIFFERENT TIMES. THE CONSISTENCY IS OUT THEN. >> I WAS FOR -- I LIKE 4:30 I WAS FOR IT THEN I WENT HOME AND THOUGHT BY THE AND JUST THOUGHT BY THE HE'S NOT HERE BUT I DON'T WANT HIM TO THINK HE GOT TO ME BUT I WON'T TELL HIM. I JUST THINK THAT WE GIVE OURSELVES MORE TO THE COMMUNITY IF WE GIVE THEM THAT OPTION. 4:30 SOME PEOPLE HAVE GOTTEN USED TO THIS 4:30 YOU KNOW SINCE WE PUT IT IN THERE. SO I KNOW NOW THAT SECOND MEETING IS 4:30 FIRST MEETING THE OTHER ONE IS 6:00 I GOT IT NOW IT TOOK ME A LITTLE TIME TO FIGURE IT OUT. BUT I GOT IT NOW. SO I WOULD LIKE TO KEEP IT THE SAME. I WOULD LIKE TO KEEP IT THE SAME FOR THE REASONS I STATED. >> WELL, COMMISSIONERS, YOU HAVE TOYED -- I HAVE TOYED WITH THIS AND I CAN APPRECIATE MY COLLEAGUES THERE IN THE MEETING TIMES AND I HAVE WATCHED THIS COMMISSION PRIOR TO ME GETTING ON AND THE BATTLE THAT WENT BACK AND FORTH I THINK WHERE IT REALLY COMMUNICATE DOWN ON THIS I WAS SITTING HERE LOOKING AT THE AGENDA. WE HAVE TWO PLACES ON OUR AGENDA FOR PUBLIC COMMENT THAT PEOPLE CAN COME AND EXPRESS THEIR CONCERNS AND ONE IN THE BEGINNING THAT THEY CAN SIGN UP FOR COMMENTS FROM THE PUBLIC THEY ARE NOT REQUIRING PUBLIC HEARINGS. SO IF THERE'S SOMETHING THAT'S NOT A PUBLIC HEARING AND SOMEONE WANTS TO STATE A CASE ABOUT ANYTHING, RIGHT. >> ANYTHING ON THE AGENDA. IF THIS DIDN'T MAKE THAT POINT THEY COULD AT THE END COMMENT ON ANYTHING, INCLUDING SOMETHING THAT WE MAY OR MAY NOT HAVE TAKEN UP BY THAT POINT, UNFORTUNATELY, IT'S TOO LATE IF WE HAVE FIRST OR SECOND READING IF I UNDERSTAND THAT CORRECTLY, RIGHT. SO AS I THOUGHT ABOUT THAT AND I'M THINKING ABOUT THIS I WAS NEVER IN FAVOR OF THE 4:30 WHEN I LOOKED AT IT. I THOUGHT AT THAT TIME IT WAS A BIG JUMP IT WENT FROM 6:00, 6:30 UP TO 4:30. IT WAS TWO HOURS EARLIER AND WHILE I DO HAVE THE CONCERN FOR THE ELDERLY PART OF THE COMMUNITY TO PARTICIPATE AND BE APART AND VOICE IT WAS ALSO THAT CONCERN OF THE WORKING PEOPLE THAT CONFEDERATE GET HERE AT 4:30 OR SO TO PARTICIPATE IN CITY -- THAT THE 4:30 PEOPLE TO COULD NOT GET HERE. FOR ME TO MOVE THAT BACK A [04:15:02] LITTLE BIT BEYOND 4:30 AND WITH THE REQUIREMENT OF STATUTORY AND THE STATE OF FLORIDA, RIGHT. BEYOND THE 5:00. I WAS A LITTLE MORE COMFORTABLE WITH THAT MOVEMENT. MOVING DEFINITELY BACK TOWARDS THAT. SO I THOUGHT THAT WAS WAS THE RIGHT MOVEMENT IN MY MIND. THEN THE 6:00 YOU KNOW, I AM STILL SOMEWHAT IN FAVOR. YOU KNOW I PUT ON THE RECORD THAT I WOULD HAVE LIKED TO HAVE SEEN 5:30. BUT 5:05 SEEMS TO BE YOU KNOW WHAT'S IN FRONT OF US RIGHT NOW. THEN I LOOK AT THE OTHER PART OF THIS AGENDA WHERE PEOPLE CAN COME IN AND MAKE PUBLIC COMMENTS AT THE END THEY CAN TALK ABOUT ANYTHING AT THAT PARTICULAR POINT WHICH WILL ALLOW FOR THOSE THAT WANT TO SHARE THEIR PLEASURES OR UNPLEASURES OR DISPLEASURES AND ANYTHING GOING ON IN THE CITY THEY WOULD STILL HAVE THAT OPPORTUNITY TO DO THAT. IF WE STARTED A MEETING AT 5:00 THAT TYPICALLY MEANS AROUND 6:00, 7:00, 8:00 THEY WOULD BE ABLE TO MAKE COMMENT SO WE COULD STILL HEAR THAT. THE FINAL PART I CAME DOWN WHEN I WENT FOR THE SEAT I HEARD FROM MY CONSTITUENTS THAT ELECTED ME AND AN INACCESSIBILITY TO ME OR COMMISSIONERS. SO I HAVE MADE MY COMMITMENT TO BE ACCESSIBLE TO MEET WITH PEOPLE THAT HAVE CONCERNS SO THAT WHEN I DO COME HERE I REPRESENT THAT AND I'M ON FORM. CERTAINLY IF IT'S SOMETHING THAT IS COMMUNITY CONCERNING THAT I, YOU KNOW, MAKE SURE THAT THEY COME THIS IS GOING TO BE ON THE AGENDA WE NEED FROM THE COMMUNITY TO VOICE THEIR CONCERNS. I SAY ALL THAT TO SAY THAT THAT WILL CONTINUE TO BE MY FOCUS. WE HAVE CONCERNS RIGHT NOW AT FPUA THEY SHOULD GO TO THE APPROPRIATE FPUA BOARD AND VOICE THOSE CONCERNS THERE. BUT AS FAR AS THE CITY COMMISSION, YOU KNOW, I WILL STILL MAINTAIN MY OFFICE HOURS AT THE BLACKBURN AS WELL AS CITY HALL TO MAKE SURE I'M LISTENING TO MY KRNTS AND BASED ON THOSE CONCERNS WILL EN-- CONSTITUENTS. I'M IN FAVOR OF THE 5:05 CONSISTENT TIME THAT WE WOULD SET AND MOVE FORWARD. SO THAT'S MY COMMENT. >> YES, SIR. >> JUST THE AGENDA BASED ON WHAT YOU SAID JOHNSON THE 4:30 MEETING, RIGHT, COULD THE ORDER OF THE AGENDA BE CHANGED TO THE POINT WHERE JUST IF WE LOOK AT 8 AND 10 TONIGHT IF WE DO THE APPROVAL OF THE AGENDA SOMETIMES IT'S TWO OR THREE SOMETIMES IT'S TWO GIVES US A LITTLE MORE TIME THEN YOU JUST SWITCH THOSE TWO 9 AND 10 THEN COME INTO COMMENTS ON THE PUBLIC AGENDA RIGHT BEFORE THE CONSENT AGENDA WOULD THAT GIVE SOMEBODY AT THE 4:30 WORKING PEOPLE THAT'S TRYING TO GET HERE AT 5:00 OR WHATEVER WOULD THAT GIVE THEM TIME TO GET HERE? I DON'T KNOW IF THERE'S SOME TYPE OF PROCEDURE WE WOULD HAVE TO DO TO CHANGE THE AGENDA? SO THE AGENDA? >> I THINK IT'S BY ORDINANCE. >> IT IS. THAT'S FINE. >> ALL RIGHT SO ANY MORE DISCUSSION? OKAY. SO WE HAVE A MOTION ON THE FLOOR IT HAS BEEN SECONDED. >> THERE IS A SECOND. YES THERE IS A SECOND I THINK IT WAS COMMISSIONER PERONA. LET'S CALL ROLL. WAS UNDER YOUR CHARGE THAT THIS HAPPENED? -- SO THE RECORD WILL SHOW THAT IT WAS UNDER YOUR CHARGE THAT THIS HAPPENED. >> BEFORE YOU PASS THE GAVEL BACK WHEN WILL THAT START? >> EFFECTIVE DATE IS THE 18TH -- WAIT A MINUTE AUGUST 16TH. SECOND MEETING IN AUGUST IS THE 15TH . SO IT'S THE DAY AFTER THAT IF WE CAN ACTUALLY DO IT ON THE 15TH I BELIEVE BECAUSE OF THE ADVERTISING. WE HAD TO SET IT EFFECTIVE AFTER ALL OF MY ADVERTISING REQUIREMENTS BUT WE DON'T HAVE ANY AGENDA ITEMS ADVERTISED AT THIS TIME FOR AUGUST 15TH. SO IF YOU WOULD LIKE TO CHANGE THE EFFECTIVE DATE TO AUGUST 15TH THEN IT WOULD BE THE SECOND MEETING. >> WHO'S IN CHARGE? >> I'M IN CHARGE. YOU'RE NOT RECOGNIZED. LET ME BE CLEAR YOUR QUESTION WAS BASICALLY WHEN WILL WE START? >> WHEN DOES THIS START? >> I THINK THE BIGGEST [04:20:03] CONCERN IS BEING ABLE TO GET OUT TO THE PUBLIC AND TELL THEM WHAT OUR CHANGE IS TO BE CONSISTENT. I DON'T KNOW SOMEBODY IS GOING TO HAVE TO TELL THIS COMMISSION TO MAKE SURE THAT WE WILL UNDERSTAND THAT THAT'S ENOUGH TIME TO GET THAT DONE IN AN APPROPRIATE, NOT THE MINIMUM BUT THE MAXIMUM THAT GETS EVERYBODY ON-LINE TO MAKE SURE THAT THEY UNDERSTAND THAT FROM NOW WE'RE DOING 5:05 MEETINGS. IF WE CAN'T GET IT DONE IN AUGUST THEN START IT IN SEPTEMBER IS THE ONLY THING I WOULD SAY. >> WE'LL HAVE 30 DAYS. WE CAN IMMEDIATELY START PRESS RELEASES AND EVERYTHING. I LIST THE ACTUAL TIMES ON THE WEBSITE NOW NEXT TO THE MEETING DATE JUST BECAUSE NOBODY EVER KNEW WHICH TIME IT WAS. SO YOU KNOW WE'RE AGREEING. >> COMMISSIONER GAINES. >> EFFECTIVE DATE. >> SO THE EFFECTIVE DATE WILL BE WHAT MRS. COX. >> AUGUST 15TH. >> AUGUST 15TH WE'RE STARTING AT 5:05 P.M. THAT WILL BE NOTICED AND IT WILL BE THE PRESS RELEASE TO GO OUT TONIGHT. >> THERE WILL BE SEVERAL. >> GREAT. EVERYONE CLEAR. >> CAN WE BECAUSE WHICH CHANGED THE DATE CAN WE JUST HAVE A VOTE CLARIFYING THAT. MADAM CLERK WOULD LIKE THAT AS WELL. YOU HAVE ALREADY TAKEN A VOTE ON THE RESOLUTION AS PRESENTED SO LET'S JUST. >> ENTERTAIN A MOTION. >> MR. MAYOR PRO TEM I MAKE A MOTION THAT WE MAKE THE EFFECTIVE DATE AUGUST 15TH, 2022. >> SECOND. >> QUESTIONS? >> DISCUSSION. CALL THE ROLL. >>> ROLL CALL] >> WE NEEDED TO LET OUR ABSENT MEMBER KNOW NOT TO SHOW UP AT 4:30. >> ALSO HE NEEDS TO KNOW NOT TO MISS A MEETING. YES, HE DOES. >> RIGHT. [LAUGHTER] >> I'M TURNING THE GAVEL BACK BACK TO THE MAYOR. >> LET'S MOVE ON. >> COMMUNITIES FROM THE PUBLIC? WHY OWE IF THERE'S ANY MEMBER OF THE PUBLIC WHO WOULD LIKE TO ADDRESS THE COMMISSION ON ANY SUBJECT PLEASE COME FORWARD. I SEE NO MOVEMENT WE'LL CLOSE THE PUBLIC HEARING. >>> KMNCE FROM THE CITY MANAGER. >> MR. SNOOIMS NO, MA'AM. -- MR. HYMNS. >> NO, MA'AM. >> MS. COX DO YOU HAVE ANY [16. COMMENTS FROM THE COMMISSION] COMMENTS. >> NO COMMENTS. >> COMMENTS FROM THE COMMISSION. >> COMMISSIONER C. JOHNSON? >> I HAVE NO COMMENTS TONIGHT. COMMISSIONER GAINES? >> IT'S NOT BILLABLE TIME. [LAUGHTER] >> WOW. >> IT'S TIME TO BE SHORT OVER HERE. >> THE FILTERS ARE FAM OFF. >> I JUST WANT -- ARE FALLING OFF. I JUST WANT THE COMMUNITY TO KNOW AND BOTH DISTRICTS THAT WE HEAR YOU, WE UNDERSTAND AND I'M HOPING THAT WE KNOW THAT'S ALL I HAVE. >> I ANNOUNCED IT HERE BUT I KNOW THAT THAT WAS NOT I MEAN I I KNOW MORE PEOPLE WATCH THESE MEETINGS THAN WE REALIZE. BUT I TOTALLY AGREE. WE CAN ALWAYS DO BETTER AT COMMUNICATING. >> IF THERE'S NOTHING FURTHER I THINK WE SHOULD ADJOURN. SO WE'RE GOING TO BE LEAVING THE CHAMBERS AND TURNING OUT THE LIGHTS. ANYBODY THAT WANTS TO TALK TO A COMMISSIONER CAN TALK TO THEM OUT IN THE FOYER. WE'RE ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.