[a. Quasi-Judicial Hearing - Conditional Use Approval to allow certain uses proposed for the redevelopment of the former Orange Blossom Mall now owned and occupied by the current owner, Prime Rock Energy Capital as the Renaissance Business Park. The subject property is located at 4100 and 4200 Okeechobee Road. More specifically at Parcel Control Number: 2418-431-0001-000-0 and 2418-442-0001-000-4.]

IF NOT I WILL ENTERTAIN A MOTION TO APPROVE THE CONSENT

AGENDA. >> APPROVED.

>> SECOND. >> CALL THE ROLL.

HEARING FOR THE CONDITIONAL USE APPROVAL TO ALLOW CERTAIN USES FOR PROPOSED FOR THE REDEVELOPMENT FOR THE FORMER ORANGE BLOSSOM MALL, NOW OWNED AND OCCUPIED BY THE CURRENT OWNER, PRIME ROCK ENERGY CAPITAL AS THE RENAISSANCE BUSINESS PARK. THE SUBJECT PROPERTY IS LOCATED

AT 4140 200 OKEECHOBEE ROAD. >> MS. EARLY.

>> THANK YOU, MAYOR. THE CITY COMMISSION SERVES BOTH THE LEGISLATIVE AND QUASIJUDICIAL ROLE.

ENGAGES IN LAWMAKING ACTIVITY BY PASSING LAWS AND ESTABLISHING POLICIES. WHEN ACTING AS A QUASIJUDICIAL BODY, -- -- HELD TO STRICTER PROCEDURAL STANDARDS.

QUASIJUDICIAL PROCEEDINGS ARE LESS FORMAL THAN THE DISTRICT COURT -- --. DECISIONS MUST BE MADE ON COMPETENT SUBSTANTIAL EVIDENCE. THEREFORE COMMISSIONERS HAVE A DUTY TO CONDUCT THE PROCEEDINGS MORE LIKE JUDGES.

THAT'S WHY THE COMMISSION HAS ESTABLISHED THE UNIFORM PROCEDURES THAT WILL BE FOLLOWED THIS EVENING.

FINALLY NOBODY SHOULD APPROACH -- -- DURING THE HEARING.

THE DOCUMENTS ARE SUPPOSED BE GIVEN TO THE CITY CLERK, PLEASE GIVE THEM TO THE SERGEANT-AT-ARMS, WHICH IS ONE OF THE TWO UNIFORMED POLICE OFFICERS IN THE CHAMBER.> THANK YOU VERY MUCH.ITY CLERK, HAVE WE MET THE ADVERTISING REQUIREMENTS FOR THIS ITEM?

>> WE HAVE MET THE ADVERTISING -- --.

-- --. >> IS THAT A NO OR A YES?

[00:05:06]

>> IT'S LIKE A MAY BE (LAUGHING).

NONE THAT I REMEMBER, HOW'S THAT?

>> WE WILL PUT YOU DOWN FOR A NOTE.

MAYOR HUDSON? >> NO.

WOULD YOU LIKE TO SWEAR IN THE WITNESSES?

>> ANYONE WHO WISHES TO SPEAK ON THIS ITEM, PLEASE STAND AND RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH COME THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

>> THANK YOU VERY MUCH. MR. MIMMS, DO WE HAVE A STAFF

REPORT TO PRESENT THIS? >> I DO NOT SEE A STAFF MEMBER

PRESENT. >> I THINK HE WAS IN HERE

EARLIER. >> HE WAS, BUT I DON'T SEE THAT PERSON. HOLD ON, WE'RE GOING TO TRY TO RETRIEVE MR. GILMORE. HE'S HERE SOMEWHERE!

>> I WILL NEED TO SWEAR HIM AND WHEN HE COMES IN.

>> PLEASE EXCUSE US, LADIES AND GENTLEMEN, WHILE WE --.

>> THEORY IS! WE FOUND HIM!

>> YOU DIDN'T THINK WE WERE GOING TO GO THIS FAST, DID YOU

(LAUGHING)? >> BEFORE YOU SIT DOWN, I NEED TO SWEAR YOU WENT. THANK YOU.

>> BUCKHAM, MR. GILMORE. >> GOOD EVENING, MADAM MAYOR,

COMMISSIONERS. >> IS THAT GOING TO SHUT DOWN ON YOU? IS THAT WHAT THAT JUST SAID?

>> YES, IT DID SAY THAT. I WILL TRY TO MAKE IT QUICK.

BEFORE YOU WE HAVE A CONDITIONAL USE APPROVAL FOR THE SUBJECT PROPERTY KNOWN AS RENAISSANCE BUSINESS PARK.

THE APPLICANT IS SEEKING CONDITIONAL USE APPROVAL TO ALLOW CERTAIN USES PROPOSED FOR THE REDEVELOPMENT OF THE FORMER OWNER EDGE BLESS THEM ALL, NOW OWNED AND OCCUPIED BY THE CURRENT OWNER, PRIME ROCK ENERGY CAPITAL LOCATED AT 410-01-4200 OKEECHOBEE ROAD. THE PROPERTY IS APPROXIMATELY 39.28 ACRES AND HAS A FUTURE LAND USE OF GENERAL COMMERCIAL WITH THE ZONING OF C3 GENERAL COMMERCIAL.

AS YOU CAN SEE, THIS IS AN AERIAL VIEW OF THE PROPOSED LANDSCAPE PLAN FOR THE SUBJECT PROPERTY WITH SLIGHT IMPROVEMENTS. THE APPLICANT IS SEEKING THE CONDITIONAL USE APPROVAL (INDISCERNIBLE) WITHIN THE BUILDING. AS SHOWN ON THE INDICATE OF CONDITIONAL USE FLOOR PLAN BELOW.

LIGHT INDUSTRIAL SERVICE/MANUFACTURING WAREHOUSE AND FREIGHT, ENVIRONMENTAL RESEARCH AND EDUCATION FACILITIES, DAY CARE CENTER, COLLEGE OR UNIVERSITY EDUCATION, MEDICAL FACILITIES, SOCIAL SERVICE ENTER INSTITUTIONS, SELF STORAGE BUILDING, MAINTENANCE FACILITIES AND SERVICES. AND A MICROBREWERY, AS YOU CAN SEE, WAS A LINE ITEM THAT WAS CROSSED OUT.

I MADE THAT NOTICE SO YOU WILL KNOW THE PLANNING BOARD -- THEY RECOMMENDED TO REMOVE THE MICROBREWERY.

BECAUSE IN THE DECLARATION OF COVENANTS FOR THE COMMERCIAL STRUCTURE, IT'S NOT ALLOWED. HOWEVER, THE APPLICANT, IF YOU NOTICE IN THE STAFF REPORT, IS STILL REQUESTING APPROVAL WITH THE MICROBREWERY. SO -- NOW I HAVE TO START THIS

OVER (LAUGHING)! >> WE HAVE OURS.

DO YOU HAVE EARS? IT'S ONLINE.>> OH.

ONE MOMENT. >> YOU NEVER KNOW WHEN IT'S

GOING TO UPDATE ON YOU, RIGHT? >> YEAH!

>> (INDISCERNIBLE). >> OKAY.

PHASE I. IT'S COMMERCIAL REUSE OF THE EXISTING BUILDING FOR THE SUBJECT APPLICATION.RIME ROCK IS COMPLETELY RENOVATING THE EXISTING BUSINESS CENTER INTO A BROAD CLASS BUSINESS PARK, INCLUDING FLEX, SOCIAL SERVICES, EDUCATION, SMALL BUSINESSES WHO NEED OFFICES, WORKSHOPS AND WAREHOUSE.

THE FA?ADE (INDISCERNIBLE) LANDSCAPING ROOFING AND FULL INTERIORS ARE BEING RENOVATED. THE STREETS GATE IS BEING RENOVATED AND MAINTAINED INCLUDING SIGNAGE AND OVERALL APPEAL. THE ENTIRE SITE WILL BE UPGRADED TO INCLUDE A FIRST-CLASS (INDISCERNIBLE).

THE APPLICANT HAS PROVIDED FULL COPIES OF THE DECLARATION AND THE FIRST AMENDMENT TO THE DECLARATION.

HOWEVER, THE FOLLOWING ARE EXAMPLES OF A FEW OF THE USE RESTRICTIONS CONTAINED IN THE FOREGOING DOCUMENTS.

[00:10:03]

NO OWNER OR TENANT MAY USE THEIR UNIT IN ANY WAY WHICH WOULD CONSTITUTE A LEGAL NUISANCE TO OTHER OWNERS OR TENANTS, BARS SELLING ALCOHOLIC BEVERAGES FOR ON PREMISE CONSUMPTION AS THEIR PRINCIPAL PURPOSES ARE PROHIBITED.ANY USE OF A STRONG OFFENSIVE OF NOXIOUS ODOR, FUME DUST OR VAPOR OR ANY SOUND WHICH COULD BE HEARD OR ODOR SMELLED OUTSIDE OF THE BUILDING AND PERMEATES INTO THE OTHER OWNERS PROPERTY IS PROHIBITED. ANY INDUSTRIAL MANUFACTURING ACTIVITY THAT USES TOXIC CHEMICALS OR POLLUTANTS AS DEFINED BY GOVERNMENTAL AGENCIES EXCEPT FOR CHEMICALS FOUND IN HOUSEHOLD COMMON CLEANING SUPPLIES OR OFFICE PRODUCTS IS PROHIBITED. ANY MINING OPERATIN IS PROHIBITED.HESE ARE JUST A FEW OF THE USE RESTRICTIONS CONTAINED IN EXISTING DECLARATION DOCUMENTS.

THE APPLICANT THEN PROVIDED ELEVATIONS.

STAFF IS RECOMMENDING APPROVAL WITH THE REVISED CONDITION NUMBER 3. NUMBER 1, THE SUBJECT CONDITIONAL USE APPROVES ONLY THOSE REQUESTED IN THE SUBJECT STAFF REPORT AND THE SITE PLAN THAT REQUIRES (INDISCERNIBLE) USE APPROVAL. THOSE PERMITTED BY RIGHT DO NOT REQUIRE PERMIT A BOWEL USAGE APPROVAL.

NUMBER 2 IS LIMITED TO PHASE I. FUTURE PHASES ROPE REQUIRE A SEPARATE SITE PLAN APPROVAL. NUMBER 3, NO LATER THAN 180 DAYS AFTER THE CITY COMMISSION HEARING APPROVING THE CONDITIONAL USE THE APPLICANT SHALL COMPLETE IMPROVEMENTS TO THE LANDSCAPING AND EXISTING LANDSCAPE ISLANDS WITHIN THE APPLICANT'S PROPERTY LOCATED AT THE ENTRANCE OF THE MALL AND (INDISCERNIBLE) SURROUNDING THE MALL.

IT SHALL BE COMPLETED IN ACCORDANCE WITHLANDSCAPE PLANS SUBMITTED TO THE CITY AND APPROVED BY CITY STAFF PRIOR TO THE INSTALLATION AND SHALL ONLY USE LANDSCAPING MATERIALS IN COMPLIANCE WITH THE CURRENT CITY CODE.

IF SUCH LANDSCAPING IS NOT COMPLETED ON OR PRIOR TO THE FOREGOING DEADLINE, NO FURTHER CERTIFICATES OF OCCUPANCY SHALL BE ISSUED FOR THE APPLICANT'S PROPERTY UNTIL SUCH LANDSCAPING IS COMPLETED. THE APPLICANT HAS ALSO PROVIDED A LANDSCAPE PLAN TO SHOW THE COMMISSION .

I WILL PULL IT UP. WHEN MOMENT.

JUST MY LUCK (LAUGHING)! THESE ARE PHASES OF THE LANDSCAPE PLAN. IT'S REALLY NOT THAT CLEAR, BUT --. AND THE STAFF REPORT.

I'M HERE FOR ANY FURTHER QUESTIONS THAT YOU MAY HAVE.

>> COMMISSIONERS, THIS IS THE TIME TO ASK STAFF QUESTIONS.

BECAUSE ONCE WE HAVE THE APPLICANT COME UP AND WE DISCUSSED, STAFF IS USUALLY NOT AVAILABLE.

SO THIS IS THE TIME TO ASK QUESTIONS IF YOU HAVE ANY.

>> MAYOR, I HAVE ONE QUESTION. THANK YOU, MR. GILMORE, FOR YOUR REPORT. I DON'T REMEMBER SEEING, OR MAYBE I MISSED IT BECAUSE I READ -- I KNOW THAT THE SITE SUPERVISOR ELECTION OFFICE IS THERE, AND I KNOW THEY USUALLY HAVE FOUR, FIVE OR SIX PRECINCTS THAT COME AT THAT SPOT (INDISCERNIBLE) IN THAT AREA.

IS THERE ANY TALK ABOUT THEM STAYING? OR ARE THEY MOVING? DO WE KNOW?

>> I AM UNAWARE OF THAT. I WILL HAVE TO DEFER THAT TO

THE APPLICANT. >> YOU CAN ASK THE APPLICANT ABOUT THAT. GOOD QUESTION.

>> MAYOR? I WAS GOING TO RESERVE THAT FOR THE APPLICANT BECAUSE THAT'S ONE OF MY CHIEF CONCERNS.

BUT I WANT TO BE CLEAR WHEN YOU MENTION ABOUT THE MICROBREWERY.

IT WAS SCRATCHED OUT, BUT THEN YOU SAY THE BUSINESS PART OR THE RENAISSANCE PARK IS LOOKING TO ADD THAT BACK?

>> CORRECT. THE PLANNING BOARD RECOMMENDED TO REMOVE IT BECAUSE IN THE DECLARATION, IT STATES THAT IT'S NOT ALLOWED. THE APPLICANT, HOWEVER, IS LOOKING AT IT FROM A DIFFERENT ASPECT.

THEY ARE STATING THAT IF THEY HAVE IT AS A CONDITIONAL USE, IT WOULD BE ALLOWED TO COME BEFORE THE CITY COMMISSION FOR SITE PLAN APPROVAL. HOWEVER, IT WOULD BE THE OWNERS

OF THE PROPERTY TO CHANGE THE DECLARATION IF APPROVED.>> I'M NOT QUITE SURE I'M COMFORTABLE UNDERSTANDING THAT.

BECAUSE -- AND MAYBE WE WILL GET TO IT WITH THE APPLICANT.

[00:15:03]

BUT RIGHT NOW, WE ARE LOOKING AT AN ENTITY WHO BOUGHT THE REST OF THAT PROPERTY? BECAUSE THE OTHER END IS RTE SECURED BY ANOTHER VENDOR, IF I'M NOT MISTAKEN? SEARS TOWN IS WHAT USED TO BE. THAT'S HEARTY BEEN ACQUIRED AND PARCELED OFF BY SOMEBODY ELSE. THAT'S NOT INCLUDED WITH THIS,

RIGHT? >> NO.

>> OKAY.SO NOW, IT'S NOT RECOMMENDED BUT THEY WANT TO TRY TO HAVE IT AS RECOMMENDATION PROCESS.

AND I'LL ASK THIS OF THE APPLICANT -- YEAH, IT'S PROBABLY MORE OF THE APPLICANT. BECAUSE I NEED TO KNOW THE CURRENT TENANTS. I KNOW THERE WAS A NURSERY OUT THERE OR SCHOOL OUT THERE. AND NOW WE ARE TALKING ABOUT ADDING A BREWERY AND PROCESSING -- I PROBABLY NEED TO TALK TO THE APPLICANT AND WE WILL GO FROM THERE.

THANK YOU, MR. GILMORE. >> I WANT TO BE CLEAR, TOO.

YOU ARE SAYING THE PLANNING BOARD SAID NO TO THE MICROBREWERY; THE APPLICANT SAID WE MIGHT GET Y FOR CONDITIONAL USE -- ARE THEY ELIGIBLE TO DO THAT?

>> YES. >> EVEN THOUGH THE PLANNING BOARD SAID NO, THERE IS STILL A PROCESS WHERE THEY CAN COME AND WE CAN SAY YES OR NO? RIGHT?

>> YES. >> ALSO, HASN'T THAT BUILDING BEEN SECURED FOR FLOODING? BECAUSE IT HAS A HISTORY OF

FLOODING IS MY UNDERSTANDING. >> CORRECT.

YES. IT HAS BEEN.

>> COMMISSIONER PERONA? >> YES, THERE IS ANOTHER PARCEL TO THE WEST. I THINK IT'S A STORAGE FACILITY THAT WE APPROVED EARLIER, IN THE LAST 12 MONTHS.IF I RECALL, THE DRIVEWAY PROPERTY, THE PARKING END EVERYTHING ELSE IS SOMEWHAT OF A COMMON TENANT TO ALL OF IT? AND YOU HAVE A BLOCKED OFF. IS THERE ANY SPECIFIC TYPE OF LANDSCAPE THAT IS GOING TO HAPPEN THERE ALSO? OR ARE YOU JUST GOING TO GRAY OFF ALL OF THAT AREA AND NOT INCLUDE WHAT SEEMS TO BE SYMMETRICAL WITH THE REST OF THE UNIT? THE PROJECT?

>> AS FAR AS A LANDSCAPE PLAN? >> YET.

>> FROM WHAT I UNDERSTAND, THE OUTLINE IS THE OUTLINE OF THE OTHER PROPERTY OWNER. AND THEY ARE NOT ALLOWED TO INCLUDE A LANDSCAPE PLAN FOR THIS PROPERTY THAT IS NOT THEIRS. SO EVEN THE PARKING AREA THAT OUTLINES THE PARKING AREA FOR THE STORAGE FACILITY.

>> OF MY UNDERSTANDING THAT THIS IS NOT COMMON AREA WHERE

YOU CAN PARK ANYWHERE YOU WANT? >> NO.

>> THEY HAVE THEIR OWN SPECIFIC AREA THAT IS JUST TO THAT SITE?

>> CORRECT. >> OKAY.

>> ANY OTHER QUESTIONS OF STAFF?

COMMISSIONER JOHNSON. >> THANK YOU.

THANK YOU, MR. GILMORE. SO I WANT TO BRING UP THE PAGE WITH THE CONDITIONAL USAGE. THE ACTUAL TABLE.

IF YOU COULD BRING THAT UP AND MAYBE MAKE IT BIGGER?

CAN YOU MAKE A BIGGER? >> YES --

>> MAYBE NOT. I THINK THE GREEN IS MOSTLY THE PERMITTED -- OR MOSTLY PERMITTED USAGE?

OR TENANTS THAT ARE THERE NOW? >> CORRECT.

>> IN THE BLUE IS CONDITIONAL? >> CORRECT.

>> OKAY. SO MY QUESTION GOES TO THE CODE. IT TALKS ABOUT WHY WOULD THERE BE CONDITIONAL USES FOR OTHER MEDICAL FACILITIES OR EDUCATIONAL FACILITIES? DO YOU HAVE A CLEAR PART OF THE CODE THAT CAN HELP US WITH THAT? THIS IS A UNIQUE SITUATION. IT'S NOT LIKE WE HAVE MALLS AROUND FORT PIERCE EVERYWHERE. SO I UNDERSTAND.

>> I'M ACTUALLY GOING TO HAVE TO DEFER THAT TO THE APPLICANT.

I'M REALLY NOT SURE WHY.>> SO PART OF THE CONVERSATIO WITH THE PLANNING BOARD BECAUSE THEY STARTED GETTING INTO AND TALKING ABOUT MICROBREWERY -- OR ANY INSTANCE LIKE THAT -- OUR CODE WOULD GET INTO THE FINER ELEMENTS OF LOOKING AT USES AND COMPARISON TO DISTANCES BETWEEN EDUCATIONAL FACILITIES OR OTHER ESTABLISHMENTS; IS THAT

ACCURATE? >> YES.

>> ALL RIGHT. AND THEN, THE LANDSCAPE PART, I THINK IT'S VERY CLEAR CUT. I SEE THE OVERALL PLAN.

IT'S GOING TO BE AN IMPROVEMENT.

WE HAVE A 1980S DESIGN HERE PARADISE. I LIKE TO CALL PAVED THAT'S ALL IT WAS. PAVEMENT AREA WHERE.

SO I'M ENCOURAGED WE HAVE SOME LANDSCAPING HERE.

IS THERE ANYTHING IN THE CODE THAT REQUIRED ADDITIONAL LANDSCAPING? OR THIS WAS JUST OFFERED UP BY

THE APPLICANT? >> THS WAS OFFERED UP BY THE

APPLICANT. >> OKAY.

I REMEMBER IN THE PREVIOUS APPLICATION, THE SHADED REGION -- IS AT ONE OF THE EARLIER SLIDES? RIGHT BEFORE THIS ONE? I THINK I REMEMBER WE HAD OTHER

[00:20:10]

LANDSCAPING IN THAT SOUTHERN BOUNDARY OF THAT SHADED REGION WITH OUR PREVIOUS APPLICANT, RIGHT?

>> YES, THEY PROVIDED LANDSCAPING.

>> ALL RIGHT. SO THIS IS GOING TO ENHANCE WHAT THEY ALSO OFFER? OKAY.

TRYING TO GET ALL MY QUESTIONS OUT.

>> TAKE YOUR TIME. >> THE LAST CONDITION THAT YOU ADDED ONTO YOUR CONDITIONS PAGE.

TALK TO ME ABOUT THAT LAST CONDITION THERE.

WE DON'T ALWAYS SEE THAT IN FRONT OF US.

>> NO. SO THE ORIGINAL CONDITION WAS -- IF I'M NOT MISTAKEN -- IT WAS A CERTIFIED LETTER OF COMPLETION BY A LANDSCAPE ARCHITECT PURSUANT TO CITY CODE WHICH IS THE STANDARD COMMENT. HOWEVER, THE APPLICANT CONTACTED THE PLANNING DEPARTMENT AND STATED THAT THEY ARE GOING TO BE DOING THEIR LANDSCAPING IN PHASES.

AND SO, TO PROTECT THE CITY'S CODE, THIS THIRD CONDITION WAS REWRITTEN AS YOU SEE IT.> OKAY.

DID THE APPLICANT HAVE ANY COMMENTS ON THAT?

>> NO, THEY AGREED TO IT. >> ALL RIGHT.

THANK YOU. >> ANY OTHER QUESTIONS OF STAFF? ALL RIGHT.

I WOULD LIKE FOR THE APPLICANT TO COME FORWARD, PLEASE.

DO YOU HAVE ANY QUESTIONS OF OUR STAFF?

>> I DO NOT. >> ALL RIGHT.

THANK YOU VERY MUCH, MR. GILMORE.

YOU MAY PROCEED. >> THANK YOU, FOR THE RECORD, LEE (NAME) REPRESENTING THE APPLICANT.

>> AND YOU WERE SWORN IN. I SAW YOU.

>> I WAS SWORN IN.SO TO KIND OF GIVE THE BIG PICTURE ON WHAT WE ARE TRYING TO ACCOMPLISH HERE.

THE APPLICANT IS COMING IN AND WANTS TO RENOVATE THEM ALL.

BRING IN TENANTS. CURRENTLY, UNDER THE PROCESS, IT'S VERY CHALLENGING TO HAVE TO COME IN AND GET A CONDITIONAL USE EVERY TIME ONE OF THOSE TENANTS DOESN'T FALL UNDER WHAT IS ALLOWED UNDER THE ZONING CATEGORY.

SO RATHER THAN COME IN OVER AND OVER FOR CONDITIONAL USE EVERY TIME THEY HAVE A TENANT, AND OBVIOUSLY THERE IS A TIME FACTOR THERE BECAUSE THE TENANT WANTS TO GET IN QUICKLY AND THEY DON'T WANT TO BE TOLD IT'S GOING TO TAKE A FEW MONTHS TO GET ADDITIONAL USE. WHAT WE HAD DISCUSSED WITH STAFF IS WHAT'S BEFORE YOU TODAY AND HAVING A LIST OF CONDITIONAL USES. IT'S A LITTLE BIT UNUSUAL, BUT THE MALL IS AN UNUSUAL PROPERTY BECAUSE YOU HAVE ALREADY IN PLACE MECHANISMS TO MAKE SURE THAT THE PROPERTY OWNERS CAN LIVE TOGETHER IN HARMONY. AND THAT'S WHAT MR. GILMORE WAS REFERENCING WITH THE EXISTING DECLARATION OF COVENANTS.

THERE IS A DECLARATION OF COVENANTS IN PLACE THAT'S BEEN THERE FOR 20 YEARS. IN WHICH WE RECENTLY MODIFIED LAST YEAR WITH THE NEIGHBORING PROPERTY OWNERS COOPERATION.

WE WORKED OUT THE FIRST AMENDMENT TO THAT DECLARATION WHICH LISTS ALLOWED USES AND DISALLOWED USAGE.

SO THERE ARE ALREADY RULES OF THE ROAD IN PLACE IN TERMS OF WHAT CAN BE PERMITTED TO MAKE SURE YOU DON'T HAVE TENANTS THAT ARE INCOMPATIBLE WITH EACH OTHER.

SO WE HAVE THOSE PROTECTIONS IN PLACE IN THE DECLARATION.

I DON'T THINK THAT IT'S CORRECT THAT THE BREWPUB IS NECESSARILY FUN DISALLOWED. FIRST OF ALL, LET ME SAY THE APPLICANT CURRENTLY DOES NOT HAVE A BREWPUB WANTING TO GO IN THERE. THIS IS PURELY HYPOTHETICAL.

IT WOULD JUST BE OUR PREFERENCE NOT TO HAVE THE SECOND LAYER OF RESTRICTION OF CITY CODE ON THIS.

SO IF WE COULD HAVE THE FULL LIST, INCLUDING BREWPUB, WE WOULD LIKE THAT. BECAUSE IF WE CAME FORWARD IN THE FUTURE, WE ARE READY HAVE THE DECLARATION THAT PROVIDES FOR THE RESTRICTIONS. WE FEEL LIKE WE WOULD LIKE TO NOT HAVE THE SECOND LAYER OF RESTRICTION.

BUT THERE IS NO BREWPUB CURRENTLY ALLOWED.

SO LET'S SAY THAT ONE HYPOTHETICALLY WANTED TO COME IN IN THE FUTURE? WELL, THERE IS THE PROVISION ON BARS AND ESTABLISHMENTS WHICH SELL ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION. IT IS ALLOWED IF THERE IS A RESTAURANT, HOTEL, MOTEL, INDOOR ACTIVITY, ENTERTAINMENT CENTER OR OTHER SIMILAR USER IN WHICH A SALE OF ALCOHOLIC BEVERAGE CONTROL IS ANCILLARY IS SUBORDINATE TO THE PRINCIPAL USE IN DRIVING LESS THAN 50 PERCENT OF ITS GROSS REVENUES FROM SUCH SALES OF ALCOHOLIC BEVERAGES.

SO BY MY READING OF THAT NO, YOU COULDN'T HAVE A STRAIGHT UP

[00:25:01]

BREWPUB. THE DECLARATION WOULD PROHIBIT THAT. BUT IF YOU HAD A BREWPUB WITH A RESTAURANT OR A BREWPUB ATTACHED TO SOME OTHER USES, THAT COULD POTENTIALLY BE ALLOWED UNDER THE DECLARATION THAT EXISTS NOW. THE OTHER POSSIBILITY IS IF ONE OF THE PARTIES, EITHER US OR THE NEIGHBORING PROPERTY OWNER, WANTED TO PUT IN A BREWPUB AND THE TWO PARTIES COULD WORK OUT AN AMENDMENT DECLARATION LIKE WE DID WITH THIS FIRST AMENDMENT LAST YEAR. IT SAYS YOU CAN DO IT, BUT MAYBE YOU CAN ONLY DO IT IN THIS AREA.R UNDER THESE KINDS OF RESTRICTIONS. AGAIN, IT'S SOMETHING THE PROPERTY OWNERS COULD WORK OUT WITHOUT HAVING TO GO BACK TO THE CITY TO GET A CONDITIONAL USE FOR IT.

>> EXCUSE ME, MR. (NAME). SO YOU ARE NOT ALLOWED TO STAND IN THE BACK. SO I WOULD PREFER YOU WOULD FIND A CHAIR HERE SOMEPLACE. IF YOU DON'T WANT TO COME DOWN THIS CLOSE TO THE FRONT, THEN YOU CAN WAIT OUTSIDE AND YOU CAN STILL HEAR THE PROCEEDINGS OUTSIDE.

OKAY? THANK YOU.

I'M SORRY TO INTERRUPT YOU. >> NO PROBLEM.

IN ADDITION, IT WAS BROUGHT UP THE ISSUE OF THE SCHOOL.

NONE OF THAT TAKES AWAY EITHER THE ORDINANCES OR STATUTES THAT ARE IN PLACE. THAT YOU CAN'T HAVE A BUSINESS SERVING ALCOHOLIC BEVERAGES WITHIN A CERTAIN DISTANCE FROM THE SCHOOL. THAT STILL IN PLACE.

NOTHING TAKES THAT AWAY. SO THAT'S ALL THAT IS.

IT WOULD JUST BE MY PREFERENCE -- OUR PREFERENCE TO HAVE THAT GOVERNED BY THE DECLARATION AND NOT HAVE THE SECOND LEVEL OF RESTRICTION OF HAVING IT PROHIBITED.

SO IN THE FUTURE, IF THAT KIND OF BUSINESS WANTED TO COME IN, IT WOULD HAVE TO DEAL WITH IT THROUGH THE DECLARATION.

IT WOULDN'T ALSO HAVE TO COME GET THE USE FROM THE CITY.

>> THE DECLARATION IS BETWEEN THE TWO PROPERTY OWNERS, IS

THAT WHAT YOU ARE SAYING? >> THAT'S RIGHT.

IT'S A PRIVATE AGREEMENT THAT GOVERNS THE OWNERS OF PROPERTY WITHIN THE MALL. IT HAS A NUMBER OF THINGS.

NOT ONLY USE RESTRICTIONS, BUT IT ALSO GOVERNS UTILITIES AND EASEMENTS THROUGH THE PROPERTY. MAINTENANCE OF THE PROPERTY.

MAINTENANCE OF COMMON AREAS. AND IN THE LANDSCAPING PLAN THAT YOU SAW, FOR EXAMPLE, WHAT WE ARE PROPOSING TO IMPROVE AT THIS TIME IS THE RING ROAD, WHICH SURROUNDS THE ENTIRE MALL AND THE MAIN ENTRANCES. THOSE ARE ALL MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION, WHICH IS GOVERNED BY THE DECLARATION OF COVENANTS. AND AS THE MAJORITY OWNER OF THE MALL PROPERTY, MY CLIENT CONTROLS THE POA.

AND SO, HE'S ABLE TO SAY OKAY, WE'RE GOING TO FIX UP THE RING ROAD AND FIX UP THE ENTRANCES AND SO ON.

AS FAR AS THE REST OF THE LANDSCAPING ON HIS PROPERTY? THAT WOULD GET FIXED UP AT THE TIME WHEN THEY COME TO -- AND WITH A SITE PLAN FOR WHATEVER CHANGES THEY WILL ULTIMATELY MAKE ON THAT SIDE OF THE MALL. JUST LIKE THE OTHER PROPERTY OWNER, IF THEY MAKE CHANGES ON THEIR SIDE, IT WOULD BE PART OF

THEIR SITE PLAN. >> DID YOU HEAR THE QUESTION ABOUT THE SUPERVISOR OF ELECTIONS?> YES.

I DON'T KNOW THE ANSWER. MIKE --?

>> HAS HE BEEN SWORN IN? >> YES.

>> OKAY. >> THIS IS MIKE O'NEIL WITH THE

APPLICANT. >> OKAY.

>> COMMISSIONERS, THANKS. MIKE O'NEIL.

SO THEY ARE PLANNING ON STAYING -- THE BOARD OF ELECTIONS.

WE DID A REPLAN OF THEIR SPACE. IMAGINE THEY FIT INTO OLD STORES IN THE MALL. MACHINES WERE SPREAD ALL OVER THE PLACE. REMOVING THEM TOGETHER.

CHANGING THEIR ENTRANCE.THEY HAD TROUBLE WITH ELECTION DAY.

CLIMBING OVER CURBS. WE'VE DONE A PROPOSAL -- WE'VE DONE A PLAN. IT'S NOW BACK WITH THE COUNTY FOR THEM TO COME BACK AND APPROVE.

IF THEY APPROVE, THEY ARE STAYING.

AND WE WOULD LOVE TO STAY. AND I KNOW THE STAFF WOULD LIKE

TO STAY AND THAT'S OUR GOAL. >> OKAY, THANK YOU, SIR.

DID YOU HAVE ANYTHING ELSE? >> THANK YOU FOR THAT.

THAT'S A CENTRAL LOCATION. AND I KNOW THERE ARE MANY PRECINCTS THAT GO THERE. IT'S JUST A GREAT SPOT FOR PEOPLE TO CAST THEIR RIGHT TO VOTE.

>> ANOTHER THING, THE FEEDBACK -- THE COUNTY IS VERY EXCITED TO BE PART OF THE DEVELOPMENT. DIDN'T WANT TO PULL OUT OF SOMETHING THAT THEY FEEL IS A GOOD PROJECT.

THAT AND THANK YOU FOR THIS BIG VISION OF A PLACE THAT SAT DORMANT AND EMPTY FOR A LONG TIME.

THIS IS A BIG VISION. THIS IS BIG FOR FORT PIERCE.

SO THANK YOU FOR THAT AND WHAT YOU ARE LOOKING TO DO.

FURTHERMORE, ON THE ELECTION PART -- I GUESS THE CONCERN IS THAT NOT ONLY THAT VOTING DAY, BUT THE WHOLE PROCESS EVEN DURING THE PRIMARIES OR WHATEVER -- EARLY VOTING.

THERE IS ALWAYS ACTIVITY IN THE PARKING LOTS.

SO BASED ON THIS DESIGN AND HOW YOU ARE LOOKING TO REARRANGE THINGS THERE, I'M REALLY CONCERNED ABOUT THAT.

I DON'T KNOW IF THAT'S PART OF THIS PRESENTATION THAT WE COULD GLEAN FROM THIS AT ANY POINT? TO MAYBE UNDERSTAND WHAT THAT LOOKS LIKE? BECAUSE MY CONCERN IS CITIZENS

[00:30:01]

WHO COME OUT TO BE A PART OF THAT ELECTION PROCESS -- AND BEING ABLE TO BE IN THE PARKING LOT AND SHOWCASE THEIR CANDIDACIES DURING ELECTION, HOW DOES THAT IMPACT THIS WHOLE COVENANT THAT YOU GUYS HAVE WITH ALL THE TENANTS ETC. OUT

THERE? >> COULD YOU PUT THE PLAN BACK UP? IF YOU LOOK AT THE SITE PLAN, THE BOTTOM OF THE PLAN IS LOOKING SOUTH.

THE VOTING MACHINES ARE IN THAT CENTER PART.

YOU'LL SEE A ROW OF SHRUBS GOING ACROSS THE BUILDING.

RIGHT BELOW THE PARK. THERE'S A CARPORT YOU PULL IN THERE. RIGHT NOW THAT'S ALL CONCRETE.

E ARE TEARING OUT THAT CONCRETE ISLAND AND WE ARE PUTTING IN LANDSCAPING. JUST TO MAKE IT MORE ACCESSIBLE AND MORE INVITING. THEY'RE GOING TO CHANGE THEIR SIGNAGE. WE TRIED TO PLAN THE CAMPUS -- THE NORTHERN SIDE, YOU SEE PIANO KEYS.

THOSE ARE LOADING DOCKS. HERE'S A LOADING DOCK RIGHT ABOVE THE NORTH THOSE ARE DRIVING DOORS.WE TRY TO PUT THE TRUCK CENTRIC USES AS MUCH AS WE CAN TO THE BACK AND PEOPLE CENTRIC USES UPFRONT. SO IT FEELS LIKE A PROFESSIONAL CAMPUS. WHEN THEY COME IN, THEY AREN'T DODGING TRUCKS. AND THAT'S THE WHOLE IDEA OF A FLEX BUILDING. YEAH THE OFFICE IN THE FRONT AND THE SHOP IN THE BACK. WE THINK WE CAN PRESENT SOMETHING REALLY NICE AND WE THINK THEY HAVE BETTER.

>> (INDISCERNIBLE) POTENTIAL TENANTS OF THIS PARK -- BOX STORES THAT WOULD COME. SO THAT COULD FURTHER CONDENSE BUT ALSO INCREASE ACTIVITY IN THIS AREA WITH A CERTAIN BOXER THAT MAYBE SELLS COFFEE OR THINGS OF THAT NATURE?

>> YEAH. AND THERE IS SOME CONCERN IN THE FRONT THERE. THAT YOU HAD THIS GIANT FIELD OF PARKING -- ONE OF YOU STATED EARLIER.

SO TRYING TO BREAK THAT UP A LITTLE BIT BY PUTTING SOMETHING IN FRONT OF IT. SO FROM THE ROAD, YOU ARE NOT LOOKING AT ALL PARKING AT THE END OF THE DAY.

LEX COMMISSIONER PERONA STOPPED.

>> JUST TO CONFIRM. I DO MISUNDERSTANDING ABOUT THE PARKING LOT -- THE CIRCLE OF PAVEMENT AROUND.

>> YOU ARE CORRECT. IT'S A SHARED AREA.

>> SO THERE ISN'T A RESTRICTION ON PARKING AND ALL THAT KIND OF STUFF? I JUST NEEDED THAT FLOW.N YOUR LANDSCAPING PLAN WILL PROBABLY TIE IN WITH WHATEVER EXISTS RIGHT NOW OR WHATEVER WAS REQUIRED BY THE OTHER

TENANT? >> WE ARE REDOING ALL THE ISLANDS ON THE OUTSIDE. AND EACH SIDE WHERE IT ENTERS THE ROAD. WE PUT A NEW IRRIGATION.T

HASN'T HAD IRRIGATION FOR 20 YEARS.>> SO WHEN IT GETS IRRIGATION IT'S (INDISCERNIBLE)?

[LAUGHTER] >> MORE PUDDLES TO CLEAN UP!

>> THE OTHER QUESTIONS I HAVE, AND IT'S SOMETHING MR. DOBBINS TALKED ABOUT -- THERE ARE ONLY TWO OWNERS INVOLVED, RIGHT? SO IF YOU WERE GOING TO AMEND THE COVENANT -- TO AMEND THE COVENANT, DOES EACH OWNER GET A VOTE? OR IS IT BY MAJORITY? BECAUSE YOU WERE GOING DOWN THAT RABBIT HOLE BY THE BREWERY THING.

AND I'M THINKING IF THAT GUY HAS A MAJORITY VOTE, HE CAN JUST CHANGE THE COVENANT ANYTIME HE WANTS.

>> WE CAN'T SHOVE A CHANGE DOWN THEIR THROAT.

SO THE TWO PARTIES HAVE TO AGREE TO CHANGES.

BUT THEY ARE VERY AMENABLE TO IT.

HONESTLY, WE MADE THE MINIMUM CHANGES THAT WE NEEDED TO TO THE COVENANTS. TO MAKE THINGS WORK FOR BOTH PARTIES. AND AS THE LAWYERS ON IT, WE BEEN TELLING THEM THE WHOLE THING REALLY NEEDS TO BE REDONE. BECAUSE IT WAS DONE ALONG TIME AGO TO BE A MALL. NOW IT'S SOMETHING DIFFERENT.

IT WORKS OKAY, BUT REALLY, THE COVENANTS ARE GOING TO NEED TO BE REDONE AT SOME POINT. SO TO YOUR POINT, THE TWO PARTIES CAN EASILY COME TOGETHER AND MAKE CHANGES.

I EXPECT THEY WILL. THERE'S GOING TO BE A SECOND AMENDMENT TO IT AT SOME POINT. FOR EXAMPLE, I MIGHT ENVISION THE NEXT VERSION SAYING YEAH, YOU CAN DO A BREWPUB.

IT HAS TO BE IN ONE OF THOSE OUT PARCELS.

SOMETHING ALONG THOSE LINES. I WOULDN'T WANT FOR US TO MAKE THOSE CHANGES AND THEN FOR US TO COME BACK AGAIN TO MAKE THE CHANGES. AND GET CONDITIONAL USE IF WE

CAN KNOCK IT OUT TODAY. >> THE ONLY PROBLEM I HAVE AND I THINK IT'S REFLECTED THROUGHOUT THE COMMISSION HERE IS THAT THE CART IS IN FRONT OF THE HORSE ON THIS ONE.

I WOULD'VE PREFERRED YOU HAD THAT ALL WORKED OUT BEFORE YOU PRESENTED YOURSELF TO US. SO IT'S EASY FOR US TO BE ABLE TO DO THAT. WE DON'T LIKE TO BE THE ONE THAT SAYS HEY, THE CITY SAID IT WAS OKAY.

[00:35:04]

LET US MAKE THIS HAPPEN. UNDERSTAND WHERE YOU'RE COMING FROM. THIS IS A TIMING ISSUE.

BUT IF I HAD MY PREFERENCE, YOU WOULD'VE HAD THAT DONE BEFORE YOU CAME IN FRONT OF US. OR THE PLANNING BOARD.

>> UNDERSTOOD. >> A QUICK QUESTION -- (INDISCERNIBLE) THE SCHOOL WITH CHILDREN.

IS THAT STILL PART OF THIS (INDISCERNIBLE)? BUT AGAIN, IF YOU LOOK AT THE PLAN -- I CALL IT THE DIAMOND-SHAPED BUILDING ON THE EASTERN END.

THERE'S A CALL CENTER ON THE SOUTHERN SIDE.

THE SCHOOL WOULD BE ON TOP. AND PATCHES IS SOCIAL SERVICES -- WE ARE KEEPING THEM. WE ARE GOING TO PAY TO RELOCATE THEM TO THE OTHER SIDE. SO (INDISCERNIBLE) WERE ALL THE

TRAFFIC IS. >> OKAY.

I GUESS MY CONCERN IS THIS BREWPUB, RIGHT? THAT'S MY CONCERN, RIGHT? BREWPUB TO ME, IN MY MIND, YOU ARE BREWING BEER THERE. PEOPLE COME IN CONSUMING BEER THERE OR PURCHASE IT AND TAKE IT HOME AND CONSUME IT.

BUT WHATEVER IT IS, THEIR POTENTIAL OF CONSUMING IN A PROXIMITY OF KIDS OR CHILDREN IS A CONCERN OF MINE.

>> YOU CAN SEE IN THE PICTURES, THIS THING IS LIKE SIX CITY BLOCKS LONG.

WHERE YOU GO. OUR GOAL IS NOT TO PUT A BREWPUB ON TOP OF THE SCHOOL ANYMORE THAN WE WANTED LOADING DOCKS BY THE SCHOOLS AND WHERE THE KIDS ARE.

BUT I UNDERSTAND IT. >> VERY WELL.

>> I JUST WANT TO BE CLEAR -- THERE ARE A LOT OF PEOPLE IN THE AUDIENCE. IT SOUNDS LIKE YOU ARE ASKING WE WANT TO BYPASS THE PROCESS. THAT'S WHAT IT SOUNDS LIKE.

IS THAT WHAT YOU ARE IN EFFECT ASKING?

>> NOT AT ALL. WHAT WE ARE DOING HERE IS TRY TO COME UP WITH A LIST OF PERMITTED USES THAT WE DON'T HAVE TO COME BACK FOR A CONDITIONAL USE IN THE FUTURE.

SO WE JUST WANT FOR THOSE USES TO BE AS BROAD AS POSSIBLE SO WE DON'T HAVE TO RETURN FOR USES IN THE FUTURE.

>> OKAY. >> IF THAT ONE ITEM CREATES (INDISCERNIBLE) FOR PEOPLE ON THE BOARD, I GET IT.

LIKE I SAID, WE DON'T HAVE ONE PLAN TO CURRENTLY.

>> YOU COULD STILL COME BACK AND GO THROUGH THE PROCESS.

>> WERE GOING TO NEED TO COME BACK TO YOU ANYWAY FOR SITE PLAN APPROVAL. THIS IS JUST THE CONDITIONAL USES. WERE GOING TO HAVE TO COME BACK FOR SITE PLAN APPROVAL FOR CHANGES TO THE SITE.

SO AGAIN, IT'S AN ASK, BUT IT'S NOT --.

>> NOT A DEALBREAKER? >> YEAH.> ANY OTHER

QUESTIONS?YES, SIR? >> SO YOU LEAD INTO IT.

MY QUESTION WAS GOING TO BE RELATED TO THE SITE PLAN ITSELF. IF I REMEMBER CORRECTLY, THE SITE WAS APPROVED WITH SO MANY SQUARE FEET BACK IN THE DAY WHEN IT WAS BUILT. BUT I THINK THE NUMBER OF SQUARE FEET THAT WERE BUILT WAS LESS THAN THE APPROVAL.

IS THAT ACCURATE? >> THAT'S RIGHT.

THE DECLARATION OF COVENANTS ACTUALLY HAS A SITE PLAN ATTACHED TO IT THAT SHOWS A NORTH AND SOUTH WING ADDED TO THE MALL. SO I BELIEVE THAT THOSE ARE

PART OF THE ORIGINAL APPROVAL. >> OKAY.

DO YOU KNOW WHAT'S THE RATIO OF WHAT WAS BUILT?O WHAT WAS

APPROVED? >> I DON'T.

>> I THINK IT'S ABOUT -- I WOULD SAY IT'S ABOUT 60 PERCENT MORE THAN OUR BUILDING. THAT COULD BE ADDED.

SO 1.6 TIMES. >> YOU COULD DOUBLE IT?

>> EASY MATH. BUT IN PRACTICAL TERMS, YOU SEE THE WAY THE BUILDINGS ARE, THERE ARE SETBACKS.

IF YOU ATTACH IT AS ONE BUILDING, IT'S ONE THING.

BUT WHEN YOU ARE ADDING OTHER BUILDINGS? THE LIKELIHOOD -- (INDISCERNIBLE).

>> SO YOU MENTIONED EARLIER ABOUT THE MICROBREWERY, MAY BE, OR THAT RETAIL ESTABLISHMENT -- RESTAURANT IN THE DECLARATIONS PAGES. TALKS ABOUT THE COMPONENTS OF HOW THAT'S MADE UP AND WHEN YOU CAN INSTITUTE THAT.

AND I HEARD YOU SAY SOMETHING ABOUT MAYBE THE ART PARCEL BUILDINGS. ARE YOU FAMILIAR WITH OTHER PROPERTIES OR NEIGHBORING PROPERTIES WITHIN THE COMMUNITY OR OTHER APPLICATIONS YOU'VE DEALT WITH, OR PROJECTS YOU'VE BUILT, WHERE THERE IS A RESTAURANT BREWERY IN FRONT OF A STRIP CLASS OR SOMETHING OF THAT NATURE? IS THAT TYPICAL? BECAUSE THAT'S WHAT I SEE HERE.

I SEE MORE LIKE AN OUT PARCEL UP FRONT WITH A PLAZA BEHIND IT. IS THAT TYPICAL FOR YOUR

DEVELOPMENT? >> FOR OTHER DEVELOPMENT (INDISCERNIBLE).

PARCELS DONE FOR A LOT OF DIFFERENT PROJECTS.

THAT'S PRETTY COMMON. SPORTS BARS AND THOSE KINDS OF

THINGS. >> OKAY.

I CAN'T TESTIFY FOR YOU, SO I WANT YOU TO SAY IT!

[00:40:01]

>> (LAUGHING) HE'S TRYING TO DRAG IT AT YOU! ANY OTHER QUESTIONS? SO I MAY ASK YOU TO COME BACK.

I LIKE TO SEE IF ANYBODY IN THE AUDIENCE WOULD LIKE TO ADDRESS THIS ISSUE. PLEASE COME FORWARD.

OKAY, I SEE NO MOVEMENT.O YOU HAVE ANYTHING MORE TO SAY?

>> NOTHING FURHER. I'M JUST AVAILABLE IF YOU HAVE

ANY FURTHER QUESTIONS. >> ANY FURTHER QUESTIONS? BECAUSE ONCE HE SITS DOWN, HE DOESN'T COME BACK UP.

OKAY. THANK YOU, SIR.

>> THANK YOU. >> OKAY.

WE ARE CLOSING A PUBLIC HEARING.

WE ARE ENTERTAINING A DISCUSSION.

>> MADAM MAYOR, I GUESS I'LL START.

LIKE I COMMENTED TO THE APPLICANT, THIS IS A BIG VISION FOR A PLACE THAT HAS SAT DESOLATE FOR A WHILE.

AND YOU KNOW, FOR SOMEONE TO TAKE ON SUCH A LARGE UNDERTAKING WITH A LANDSCAPING PLAN ITSELF, IT LOOKS LIKE IT WOULD BE PRETTY VISUALLY PLEASING TO PEOPLE THAT MOVE EAST TO WEST, WEST TO EAST, NORTH TO SOUTH THERE ON JENKINS. IT REALLY SEEMS AS THOUGH -- I GUESS MY OWN COMFORT PART IS THAT WHOLE MICROBREWERY.

I'M JUST NOT COMFORTABLE WITH THAT RIGHT NOW.

THE ABILITY FOR THEM TO COME IN AND CONDITIONALLY HAVE THAT, AND WE'VE HAD THAT CONVERSATION IS WHERE MY COMFORT LEVEL COMES DOWN. JUST A BLANKET APPROVAL OF THIS RIGHT NOW, I DON'T HAVE THE STOMACH FOR THAT.

I DON'T HAVE THE APPETITE FOR IT.

IT'S A CONCERN BECAUSE -- I UNDERSTAND WHAT HE ALSO SAID ABOUT THE SUPERVISOR OF ELECTIONS, BUT WE HAVE ALL RUN CAMPAIGNS AND WE HAVE ALL BEEN OUT IN THOSE PARKING LOT AREAS.

THAT BRINGS ABOUT PEOPLE AND MOVEMENT.

AND SO, I THINK WE ARE GOING TO HAVE TO UNDERSTAND WHAT THAT LOOKS LIKE HERE IN THE WHOLE REPURPOSE OF SUPERVISOR ELECTION AND CAMPAIGN SEASONS THAT ARE COMING UPON US.

AND THAT BRINGS ACTIVITY TO THAT MALL.

I'M SURE -- THOSE ARE JUST SOME OF MY CONCERNS THAT I HAVE

RIGHT NOW. P>> YEAH, AND I'M GLAD YOU EXPRESS THOSE. HOWEVER, IT SOUNDS TO ME LIKE THE SUPERVISOR OF ELECTIONS IS WORKING WITH THEM AND UNDERSTANDS -- BECAUSE WE ALL KNOW, ESPECIALLY FOR HANDICAPPED PEOPLE, WHAT A LONG WALK THAT IS.

AND HOW DIFFICULT OF A CHALLENGE IT IS.

AND AT ELECTION TIME, YOU ALMOST NEED A REFEREE OUT THERE. BECAUSE PEOPLE HAVE SET UP DIFFERENT TENTS -- SO BECOMES A DIFFERENT KIND OF VILLAGE

DURING ELECTION TIME. >> RIGHT, BUT THAT'S ALLOWABLE.

THAT'S BASED ON THE RULES OF ELECTIONS -- I DON'T SEE THAT DISCONTINUING. I'M EXCITED ABOUT THE ACTIVITY THAT'S GOING TO HAPPEN IN THIS AREA AND NEW TENANTS.

OBVIOUSLY BRINGING NEW PEOPLE TO FORT PIERCE AND NEW BUSINESSES. THAT'S THE EXCITING PART ABOUT IT. WE'LL FIGURE OUT HOW THIS ALL WORKS. BUT THE PART I'M UNCOMFORTABLE WITH IS A MICROBREWERY AT THIS POINT.

>> GOT IT. COMMISSIONER GAINES?

>> MAYOR, I WOULD CHIME IN ALSO.

I LOVE THE IDEA AS SOMEONE WHO WAS BORN AND RAISED IN FORT PIERCE. I REMEMBER WHEN ORANGE BLOSSOM OPENED UP AND EVERYBODY GOT A SLICE OF PIZZA AND A COKE FOR FREE AS A LITTLE KID. AND IN HIGH SCHOOL, THAT WAS A PLACE TO GO TO WALK AROUND -- AT THE MALL.

SO I LOVE THE IDEA OF A COMPANY COMING IN TO REVITALIZE THAT WHOLE AREA. IT BRINGS IN MORE JOBS, MORE OPPORTUNITY FOR EVERYBODY IN OUR COMMUNITY.

I HAVE CONCERNS ABOUT THE MICROBREWERY.

BUT FROM HEARING THE ATTORNEY SPEAK, I THINK IT HAS TO BE ATTACHED TO SOME TYPE OF RESTAURANT OR WHATEVER TO DO IT. AND, I MEAN, YOU BRING THE RIGHT RESTAURANT INTO THAT LOCATION? CLOSE TO 95, IT JUST GOES INTO WHAT WE ARE DOING AND WHAT WE ARE TRYING TO DO IN THE CITY OF FORT.

I WOULD SUGGEST THAT WE DON'T BEAT OUR HEADS UP TOO MUCH ON THIS MICROBREWERY. JUST BECAUSE WE HEARD FROM THE OWNER. THEY DON'T HAVE ONE YET.SO WHEN YOU GET ONE (LAUGHING), LET US KNOW (LAUGHING)! IF ONE COMES, LET US KNOW. AND AT THAT POINT, WE AS A COMMISSION, WE HAVE A DUTY AT THAT POINT TO SAY, YOU KNOW, WE NEED TO ASK SOME QUESTIONS AND HARD QUESTIONS AT THAT TIME.

[00:45:03]

BUT I DON'T WANT TO DO ANYTHING TO STOP THE PROGRESS GOING FORWARD. ESPECIALLY WHEN I HAVE A DEVELOPER READY TO COME IN. TO NOT ONLY BUILD NEW OFFICES, BUT TO TAKE CARE OF ALL OF THE SURROUNDING AREAS AND THE ROADS

--. >> AND THE EXISTING TENANTS.

>> AND THE EXISTING TENANTS. AND THE ROADS LEADING IT.

IT'S JUST GOING TO BEAUTIFY THAT WHOLE AREA.

WE ALWAYS TALK ABOUT PEOPLE COMING OFF THE TURNPIKE WERE COMING OFF OF 95, COMING INTO OUR CITY.

WHEN THEY COME OFF ON OKEECHOBEE, 95 ARE THE TURNPIKE, THEY DRIVE PAST THIS AND THEY SAY OH, WOW.

OKAY. AND THEN WE BRING THEM BACK INTO DOWNTOWN? THIS IS WHAT WE'RE TRYING TO ACCOMPLISH. SO I DO HAVE THE CONCERNS ABOUT, YOU KNOW, ANY TYPE OF ALCOHOL BEING SERVED AT THIS.

ESPECIALLY WHEN WE HAVE KIDS. OR ESPECIALLY DURING ELECTION TIME. BECAUSE IT'S HEARTY HECTIC ANYWAY. BUT I JUST FEEL THAT AT THIS TIME, SINCE THERE IS NOT ONE -- YOU HEARD THE TESTIMONY -- THERE IS NOT (INDISCERNIBLE), I WOULD JUST ASK THE DEVELOPER THAT IF YOU GET THAT CALL, SET A MEETING ROW QUICKLY!

>> CALL US QUICK! >> TULLUS SO WE CAN DISCUSS IT AND HEAR WHAT THEY WANT TO DO. IT MIGHT BE A CHAIN (INDISCERNIBLE). BUT I WOULDN'T WANT TO STOP THE OPPORTUNITY FOR SOME PERSON WHO HAS A BUSINESS VISION TO BRING A RESTAURANT. SO I HAVE MY CONCERNS.

BUT IF YOU GET THAT CALL, CALL US WE CAN (INDISCERNIBLE).

>> COMMISSIONER PERONA. >> I REMEMBER WHEN THE MALL OPENED UP AS A YOUNG MAN BACK THEN.

HAVING TO GO OUT BECAUSE WE WERE IN RECOVERY OF CARS THAT WERE UNDERWATER (LAUGHING) FROM THE FLOODS THAT WE GOT ALMOST IMMEDIATELY. IT WAS ALMOST DOOMED FROM THE BEGINNING. YOU KNOW, THIS ENTITY WAS ON THE OUTSKIRTS OF TOWN AT THE TIME.

NOW IT'S NOT. I THINK IT'S CENTRALIZED.

I APPLAUD THE NEW OWNERS FOR COMING IN HERE AND IDENTIFYING A PURPOSE FOR IT. IT'S A SOLID PURPOSE.

I THINK IT'S HIGHLY MARKETABLE. AND I LIKE THE FACT THAT WE CAN COME IN HERE. YOU KNOW, AS FAR AS CONDITIONAL USES, GIVE A STOMACH THEM A LIST OF THINGS THAT THEY DON'T HAVE TO COME IN FRONT OF THE CITY COMMISSION.

IT STALLS THE PROCESS. WE WANT TO HELP PROMOTE WHAT YOU ARE TRYING TO ACCOMPLISH. YES, I'M IN IS A MICROBREWERY AT ONETIME . THAT'S SOMETHING YOU NEED TO BRING BACK AT A DIFFERENT TIME WHEN YOU HAVE IT ALL WORKED OUT. TO MAKE SURE WE DO OUR JOB OF CONDITIONAL USE THAT APPLICATION.

BUT THE REST OF THEM? THEY FIT VERY WELL -- THE WHOLE LIST. AS FAR AS I'M CONCERNED, THAT'S A LIST I WOULD LIKE TO APPROVE. I THINK BY DOING SO, WE HELP YOU PROMOTE YOUR BUSINESS AND MOVE THAT THING FORWARD.

AND I THINK THAT'S WHAT WE'RE TRYING TO ACCOMPLISH HERE

TONIGHT. >> COMMISSIONER JOHNSON.> I LIKE THE LIST OF CONDITIONAL USE OPTIONS.I THINK IT'S SPOT ON. BECAUSE IN MY EXPERIENCE, MICROBREWERY APPLICATIONS BASED ON THE DECLARATION AND THE USES THAT ARE PROHIBITED BY THE OWNERS ASSOCIATION WITHIN ITSELF COMPARES IT TO A RESTAURANT THAT SERVES BEER AND WINE AND ALCOHOL. WHERE WERE MILES BACK IN THE DAY? BAD RESTAURANTS WITH BEER, WINE AND ALCOHOL. THEY STILL DO TODAY.

SO I HAVE NO ISSUE WITH THAT. HE ALSO HAD OTHERACTIVITIES WITH IN MALLS AND PROPERTIES. BECAUSE THEY ARE SO LARGE , THEY ALSO ENTERTAIN THAT FAMILY ATMOSPHERE.

SO THERE WERE FAMILY ELEMENTS WITHIN THESE USES.

SO I WOULD SUBMIT THAT I AM OKAY WITH IT.

SO I WOULD SUBMIT THAT IT'S GOING TO BE GOVERNED BY THE OWNERS OF THE FACILITY WITHIN THEIR OWN DECLARATION AND RULES AND REGULATIONS. THE OTHER PART THAT CAUGHT ME -- WE DIDN'T TALK ABOUT IT AT ALL -- PART OF THEIR LIMITATIONS ON THEMSELVES AND NOT FROM THE CITY IS ANY USE THAT OMITS A STRONG, UNUSUAL ODOR OR VAPORS OR SOUND ETC.

THOSE THINGS HAPPEN WITHIN SOME KIND OF A SYSTEM OF PRODUCTION.

[00:50:04]

IF IT'S A MICROBREWERY AND THEY ARE BREWING, THAT HAPPENS WITHIN IT. THEY WOULD HAVE TO CONTAIN IT, MITIGATE IT AND ALLOW IT TO NOT BE AN ISSUE.

THAT'S MY POINT.O I THINK THEY ARE COVERED WITHIN THEIR OWN RULES. I THINK IT'S GOOD FOR US TO ALLOW IT TO HAPPEN. I THINK WE HAVE A VERY LARGE PARCEL THAT IS FIT FOR WHAT THEY CALL AROUND THE UNITED STATES AND WHAT WE CALL WITH MALLS ADAPTABLE USE.

SO THAT'S WHAT'S HAPPENING RIGHT NOW.

ADAPTIVE REUSE. WERE WE TAKE THESE AREAS THAT HAVE BEEN PAID OVER FROM THE 1980S BECAUSE THAT'S JUST WHAT WE WANTED TO DO. WE WANTED TO BRING A LOT OF FOLKS WITH A LOT OF CARS TO ONE LOCATION.

AND WE EXPERIENCED THAT EXPERIENCE 25 YEARS AGO.O

I'M GOOD WITH IT. AND READY TO MOVE ALONG.>> WHAT HAPPENED IS, MALLS KILL DOWNTOWNS.

NOW WERE REVIVING THE DOWNTOWN REVIVING THE MALLS.

EVERYTHING GOES IN CYCLES. I WOULD TO GO BACK TO WHAT YOU WERE SAYING, COMMISSIONER JOHNSON, ABOUT ELECTION AND ELECTION ACTIVITY. I THINK IT'S REALLY IMPORTANT FOR EARLY VOTING. THERE ARE ONLY TWO PLACES FOR EARLY VOTING IN FORT PIERCE. THEY ARE BOTH WEST OF TOWN.

THEY ARE BOTH WEST OF TOWN. SO IF WE HAVE A LOT OF ACTIVITY AT THIS AREA, AND IT'S REALLY A GOOD ADAPTIVE USE FOR THE SUPERVISOR OF ELECTIONS, THIS I THINK WILL MAKE IT EASIER.

AND PEOPLE WILL MORE READILY COME TO VOTE EARLY AT WHAT WE USED TO CALL THE ORANGE BLOSSOM BUSINESS CENTER.WHICH IS NOW, WE THINK, GOING TO HAVE A NEW NAME.

>> MM-HMM. >> SO I THINK THAT WOULD MAKE IT AN EASIER SELL AND AN EASIER WAY FOR PEOPLE TO COME AND VOTE EARLY. WITH ALL THE ACTIVITY IN THIS.

AND WITH THE SUPERVISOR OF ELECTIONS HAVING, IT SOUNDS TO ME, A LOT OF INPUT ON HOW SHE WANTS HER OFFICE TO BE.

AND ESPECIALLY THE OUTSIDE AND THE ENTRANCE AND THE WELCOMING FOR WHENEVER. BECAUSE YOU ARE RIGHT.

AT ELECTION TIME, IT'S A VERY BUSY PLACE.

AND I JUST THINK IT WOULD BE SOMETHING THAT WILL ENCOURAGE PEOPLE TO COME THERE AND VOTE EARLY.

>> YEAH. MADAM CHAIR, I DON'T THINK WE ARE SAYING ANYTHING DIFFERENT. BUT MY CONCERN IS THAT WE ARE LOOKING FOR OUT PERCILESOVER THERE , WHICH IS A LIKELY FIT.

I GET THAT.T'S A LOT OF WASTED CONCRETE OUT THERE.

SO THAT MAKES BUSINESS SENSE, RIGHT? TO INCREASE THAT AND GET A RETURN ON INVESTMENT FOR CONCRETE THAT IS COSTING YOU. SO THAT MAKES SENSE TO ME.

BUT I WANT TO GO BACK TO SOMETHING COMMISSIONER JOHNSON IS BRINGING UP. IF I HEAR YOU RIGHT, ARE YOU SAYING YOU ARE IN FAVOR OF MOVING ALL OF THEM INCLUDING

MICROBREWERY (INDISCERNIBLE)? >> YES, SIR.

>> AND THAT'S BASED ON THE FACT OF THEIR OWN DECLARATIONS AND THEIR OWN RESTRICTIONS WITHIN THEIR OWN COVENANT.

>> RIGHT. I GOT THE DECLARATION PART.

THAT MADE SENSE TO ME BECAUSE I IMMEDIATELY THOUGHT ABOUT FUMES. ALL OF THAT STUFF YOU JUST WRITE OFF. I GUESS, TO ME, IT FEELS AS THOUGH -- MATTA MAYOR, YOU BROUGHT THIS UP -- THE CITY COMMISSION NOW LOOKING AT THIS AND PRE-STAMPING THAT BEFORE GOES THROUGH A PROCESS WHICH WE'VE DONE BEFORE.WHICH WE'VE ASKED FOR CONDITIONAL USES JUST TO MAKE SURE WE ARE ENSURING THAT NOT ONLY THE BUSINESS OWNERS PROTECTED, BUT THE CITIZENS AROUND THAT AREA ARE ALSO PROTECTED.

SO BY HAVING THAT LAST ABILITY TO HAVE A PROCESS BY WHICH WE ENGAGE THAT WOULD NOT BE IN THIS CASE.

SO I SHARED THIS AND I'LL SAY IT AGAIN -- THAT IS AN AREA THAT I'M VERY UNCOMFORTABLE MOVING FORWARD WITH.

PI'M FOR ALL OF THIS AND ALL TH DEVELOPMENT.

THAT ONE PIECE RIGHT THERE? I STILL WANT TO BE ABLE TO HAVE A CONVERSATION AND BE ABLE TO HEAR FROM THE CITIZENS OF THIS COMMUNITY, AS WELL AS THOSE TENANTS AND LAND OWNERS IN THAT AREA, TO MAKE SURE I'M GETTING THE PULSE OF IT.HAT'S WHERE

I MET ON IT. >> OKAY.

SO IS ANYBODY WILLING TO MAKE A MOTION AT THIS POINT?

>> MATTA MAYOR, I MAKE A MOTION THAT WE ACCEPT THE APPLICANT'S CONDITIONAL USE LIST WITH THE PLANNING BOARD'S RECOMMENDATION OF STRIKING THE MICROBREWERY. UNTIL ONE IS (INDISCERNIBLE)

FURTHER NOTICE (INDISCERNIBLE). >> DO UNDERSTAND THAT MOTION?

>> I CAN TRY TO SAY IT AGAIN IF I CAN REMEMBER IT (LAUGHING)!

[00:55:03]

I MAKE A MOTION TO APPROVE THE CONDITIONAL USE THAT WAS PRESENTED TONIGHT WITH THE STAFF'S RECOMMENDATION OF STRIKING THE MICROBREWERY UNTIL THE APPLICANT COMES BACK IN FRONT OF US WITH A MICROBREWERY OR SOME TYPE OF PLAN IN PLACE.

SOME TYPE OF TENANT IN PLACE. >> OKAY.

AND THREE STAFF CONDITIONS? >> AND THE THREE STAFF

POSITIONS. >> SO BASICALLY WE ARE GOING TO STRIKE THE MICROBREWERY. AND IN ORDER TO HAVE THE MICROBREWERY CONSIDER, THEY JUST HAVE TO GO THROUGH THE

PROCESS. >> IS ALL I'M TRYING TO SAY.

>> AND I WILL SECOND THE COMMENT THAT IT HAS TO GO THROUGH CONDITIONAL USE PROCESS.

>> IN ITS ENTIRETY. OKAY.

SO STRIKING IT ACCOMPLISHES THAT GOAL.

>> THAT'S FINE. I JUST WANT TO LET THEM KNOW THEY CAN COME BACK IN FRONT OF US IF IT COMES.

>> ANY OTHER DISCUSSION? OKAY.ALL THE ROLL, PLEASE.

>> HOLD ON, DO WE HAVE A SECOND?

>> YES. COMMISSIONER PERONA.

[b. Quasi-Judicial Hearing - Site Plan (Development and Design Review) Approval to construct a 10,300 square foot warehouse and office building with associated site improvements on a 1.51-acre parcel of unimproved land. The subject property is located at 3621 US Highway 1. More specifically located at Parcel Control Number: 2434-601-0025-000-5.]

HEARING IS THE SITE PLAN DEVELOPMENT AND DESIGN REVIEW APPROVAL TO CONSTRUCT A 10,300 SQUARE FOOT WAREHOUSE IN OUTBUILDING WITH THE ASSOCIATED SITE IMPROVEMENTS ON A 1.51 ACRE PARCEL OF UNIMPROVED LAND. THE SUBJECT PROPERTY IS LOCATED

AT 3621 S. US HIGHWAY ONE. >> ALL RIGHT.

SO WE HAVE HEARD FROM MS. EARLY.

SO WE ALL KNOW THE PROCEDURE HERE.

HAS ADVERTISING BEEN MET FOR THIS ITEM?

>> THE ADVERTISING HAS BEEN MET FOR THIS ITEM.

>> WOULD YOU ASK COMMISSIONERS ABOUT X PARTAKE COMMUNICATION,

PLEASE? >> WOULD YOU LIKE TO SWEAR IN

THE WITNESSES? >> IF ANYONE WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE STAND AND RAISE YOUR RIGHT HAND. THANK YOU.

>> GOOD EVENING, MATTA MAYOR, COMMISSIONERS.

BEFORE YOU IS A DEVELOPMENT FOR SITE DEVELOPMENT TO CONSTRUCT A 10,300 SQUARE FOOT WAREHOUSE AND OFFICE BUILDING WITH ASSOCIATED SITE IMPROVEMENTS ON A 1.51 ACRE PARCELS OF UNIMPROVED LAND AT 3621 S. US HIGHWAY ONE.

THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF SOUTH MARKET AVENUE AND SOUTH US HIGHWAY ONE.

AS A FUTURE LAND USE OF GC, GENERAL COMMERCIAL, WITH THE ZONING OF C-3, GENERAL COMMERCIAL ZONE.EFORE YOU WAS THE PROPOSED SITE PLAN WITH SITE IMPROVEMENTS.

RETENTION POND TO THE WEST, SIDEWALK CONNECTION, PARKING STALLS AND DRIVEWAY. THE APPLICANT IS PROPOSING THIS FLEX USE BUILDING. AND AS YOU CAN SEE, THIS IS THE NORTHERN ELEVATION AS WELL AS THE EAST ELEVATION TO THE NORTH. THE APPLICANT IS CONFORMING TO CITY CODE SECTION FOUR C-3 ZONING DISTRICT.

ONE THING, AS YOU CAN SEE BEFORE HE THAT STANDS OUT IS THE APPLICANT'S REQUIRED PARKING IS 22 SPACES.

HOWEVER, THE APPLICANT IS PROVIDING 53 SPACES.

THAT IS TO PROVIDE FOR ANY POTENTIAL, MORE INTENSE USES IN THE FUTURE, SUCH AS A RESTAURANT.

STAFF IS RECOMMENDING APPROVAL OF THE REQUESTED APPLICATION WITH THE FOLLOWING CONDITIONS: NUMBER 1, PURSUANT TO CITY CODE -- --, TREE PROTECTION MITIGATION.

FINAL TREE MITIGATION PLAN SHOULD BE APPROVED BY THE STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT.

NUMBER 2, CERTIFIED LETTER OF COMPLETION BY LANDSCAPE ARCHITECT PURSUANT TO CITY CODE -- -- SHALL BE REQUIRED BEFORE THE FINAL CERTIFICATE OF OCCUPANCY IS APPROVED FOR THE SITE. THANK YOU.

>> ANY QUESTIONS OF MR. GILMORE? ANY QUESTIONS OF STAFF? I WOULD LIKE TO OPEN THIS UP AND ASK THE APPLICANT TO COME FORWARD, PLEASE.

WOULD YOU STATE YOUR NAME FOR THE RECORD.

>> MY NAME IS MARK (NAME) I'M WITH (INDISCERNIBLE).

[01:00:05]

I'M HERE WITH THE CLIENT. >> YOU HAVE ANY QUESTIONS OF STAFF? EITHER ONE OF YOU HAVE QUESTIONS OF STAFF? THANK YOU, MR. GILMORE.

IN YOUR NAME, SIR? >> (INDISCERNIBLE).

>> YOU HAVE A PRESENTATION? DO YOU WANT TO TALK TO US ABOUT

IT? >> I DON'T HAVE A PRESENTATION, BUT I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE ON THE

PROJECT. >> ANY QUESTIONS OF THE APPLICANT? ANY QUESTIONS OF THE APPLICANT?

ANYTHING TO OFFER? >> LET ME JUST BE CLEAR.

YOU ARE OFFERING TO BUILD A STORAGE CAPACITY? TELL ME A LITTLE BIT MORE ABOUT YOUR VISION OF WHAT THIS IS?

>> JUST TO GIVE A WAREHOUSE SPACE WITH OFFICE.

NOTHING TO DO WITH LONG-TERM STORAGE OR MONTHLY STORAGE.

>> OKAY. >> YOU'RE GOING TO HAVE VARIOUS TENANTS IN THE BUILDING? IS THAT RIGHT? AND IT WILL BE WAREHOUSE BUSINESSES FOR THE MOST PART?

>> WAREHOUSE ORIENTED. >> NIGHT ROBREWERIES, RIGHT (LAUGHING)? GUESTS? JUST BUSINESSES THAT OPERATE EARLY MORNING, LATE AFTERNOONS? VERY WELL.

>> ANY OTHER QUESTIONS? THANK YOU, SIR.

THANK YOU VERY MUCH. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THIS ISSUE? SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN A

[c. Legislative Hearing - Ordinance 22-012 Amending Section 12-6, Election Districts by amending the election district boundary following the 2020 U.S. Census. FIRST READING ]

DISCUSSION OR MOTION. >> MATTA MAYOR, I MOVE THAT WE

APPROVE WITH STAFF CONDITIONS. >> SECOND.

>> THERE IS A MOTION AND A SECOND.

CALL THE ROLL, PLEASE. ROLL-CALL VOTE]

>> OKAY. THE NEXT ITEM ON THE AGENDA IS A LEGISLATIVE HEARING ON ORDINANCE 22-012, AN ORDINANCE AMENDING THE CODE OF ORDINANCES TO THE CITY OF FORT PIERCE -- BY AMENDING THE BOUNDARY OF ELECTION DISTRICT 1 AND ELECTION DISTRICT 2 -- -- AND PROVIDING FOR AN EFFECTIVE DATE. I HAVE A PRESENTATION FOR YOU.

IT'S BASICALLY A FOLLOW-UP FROM OUR CONFERENCE AGENDA MEETING.

THIS ORDINANCE WILL BRING INTO EFFECT ALTERNATIVE ONE THAT MR.

SPITZER PROVIDED. >> RIGHT.

AND WE'VE HAD TWO PUBLIC WORKSHOPS ON THIS ISSUE.EAH.

SO THERE IS NO PRESENTATION TONIGHT.

IS THERE ANY DISCUSSION BY THE COMMISSION BEFORE WE HEAR FROM THE PUBLIC?T OUR LAST MEETING, FOUR OF US INDICATED THAT WE WERE COMFORTABLE WITH ALTERNATIVE ONE.

AND SO, JUST TO REFRESH YOUR MEMORIES -- IS THERE ANY OTHER DISCUSSION BEFORE WE OPEN THIS UP TO THE PUBLICLY.

>> MATTA MAYOR, YEAH. AND I'M SURE THERE WILL BE SOME DISCUSSION AFTER THAT. YOU KNOW, PRIOR TO THIS, WE'VE HELD TWO PUBLIC WORKSHOPS CONCERNING THIS PARTICULAR TOPIC. WE'VE GAINED SOME INSIGHT AND INFORMATION BACK AS A RESULT OF THOSE.

THE PROCESS THAT IS BEFORE US RIGHT NOW IS LOOKING AT THE ACTUAL DECREE -- -- OF HOW WE LOOK AT OUR ELECTION LINES.

IT'S BEEN CLEAR, RIGHT NOW BASED ON A PRESENTATION, THAT THE CURRENT LINES IN THE CURRENT DISTRICTS ARE OUT OF ALIGNMENT. A VARIANCE BETWEEN THEM.IT PUTS US AT JEOPARDY FOR ANY ELECTIONS GOING FORWARD WITH THESE CURRENT LINES COULD BE CHALLENGED GOING FORWARD.

AND SO, THAT'S ONE OF THE THINGS THAT IS VERY CONCERNING TO ME. IS THAT ONE DISTRICT IS MORE POPULOUS THAN THE OTHER. AND THAT DECREE WAS ONE THAT WANTED TO MAKE SURE THE BALANCE WAS BETWEEN OR AS CLOSE BETWEEN THOSE TWO DISTRICTS AS POSSIBLE.

SO NOT ONE DISTRICT WOULD HAVE MORE THAN THAT.

I'VE SINCE THEN, AND I THINK WE ARE ALL AWARE THAT I REACHED OUT TO MR. SPITZER. AND SOME OF THE CONCERNS I HAD WITH THE ORIGINAL NUMBERS HE PRESENTED.

WITH THAT PARTICULAR PRESENTATION, THERE WAS A SLIGHT DISCREPANCY BETWEEN THE ACTUAL U.S. CENSUS NUMBERS AND WHAT WAS REPORTED. THAT HAS NOW BEEN PRESENTED AS PART OF THE PACKET. IT'S THERE FOR PUBLIC VIEW.

I AM COMFORTABLE WITH UNDERSTANDING THAT DISCREPANCY AND BY THAT NUMBER DIFFERED. BUT I DO WANT THE PUBLIC TO KNOW THAT NUMBER WAS IDENTIFIED.

I UNDERSTAND THE DIFFERENCE. AND THE DIFFERENCE IS GOING TO BE ADDRESSED WITH THE U.S. CENSUS AND THE CITY OF FORT BECAUSE OF WHAT WAS CURRENTLY GIVEN TO ADDRESS THAT.

WITH THAT BEING SAID, I WOULD, AT THIS POINT, ENTERTAIN AND

[01:05:07]

HERE BEFORE WE OPEN UP TO THE PUBLIC.

>> ANY OTHER COMMISSION WENT TO CHIME IN? I, TOO -- I'VE READ THE EXPLANATION FROM THE CONSULTANT. I HAD A CONVERSATION WITH HIM.

I UNDERSTAND AND I THINK THE MEMO THAT'S ATTACHED TO THE AGENDA EXPLAINS IT VERY CLEARLY.

IF THERE ARE ANY SPEAKERS IN THE AUDIENCE WERE GOING TO SPEAK ON THIS TONIGHT, AND BASED ON SOMETHING THAT YOU HEARD BEFORE, I WOULD REALLY ENCOURAGE YOU TO READ THE MEMO.

BECAUSE IT IS EXPLAINED IN DETAIL.

>> MATTA MAYOR? AT OUR LAST MEETING, WE WERE PRESENTED A MEMO. I'VE READ THAT MEMO.

I'VE GONE AND DONE MY RESEARCH. WE CONTACTED MR. SPITZER.

HE'S PROVIDED A MEMO. I'D ASK HIM TO ALSO PROVIDE THE MEMO TO ALTERNATIVE TO, WHICH HE HAS DONE.

I'VE READ ALL OF THOSE NUMBERS. THE MEMO SPEAKS FOR ITSELF.

I WOULD NOT SIT HERE AND SAY I AM A CENSUS EXPERT.

SOME OF THE LANGUAGE I'M READING FROM -- I THINK I'VE READ MORE CENSUS REPORTS THIS MONTH THAN I HAVE IN ALL OF MY 54 YEARS OF BEING ON THIS EARTH.

SO I THINK I TRY TO UNDERSTAND SOME OF THE STUFF.

I'VE TRIED TO PUT NUMBERS TOGETHER WITH OUR EXPERT, MR. SPITZER. UNDERSTAND HIS MEMO.

I UNDERSTAND THE MEMO THAT CAME IN.

SO I'VE TRIED TO GET A BETTER UNDERSTANDING OF EVERYTHING THAT IS BEEN BROUGHT TO OUR ATTENTION.

THE ONE THING THAT I STILL WILL SAY IS THAT THERE IS STILL A SENTIMENT IN OUR CITY THAT SOMETHING IS GOING ON.

THESE NUMBERS ARE WRONG. I DON'T KNOW HOW TO FIX THAT, BECAUSE THEY ARE NUMBERS. I MEAN, THEY ARE NUMBERS STOP SO I JUST WANT THE COMMITTEE TO KNOW THAT I'VE HEARD THEIR CONCERNS. I'VE DONE MY RESEARCH.

I'VE TRIED TO UNDERSTAND THE CENSUS AND THEIR NUMBERS.

THE EXPERT AND HIS NUMBERS. I UNDERSTAND THE MOVES AND WHERE WE ARE TRYING TO GET THE LINES STRAIGHT.

BUT I JUST WANT THE PUBLIC TO UNDERSTAND AND THE COMMISSION TO UNDERSTAND THERE IS PART OF OUR COMMUNITY WHO STILL DOESN'T BELIEVE THE NUMBERS. WE SHOULD BE AWARE OF THAT AND WE SHOULDN'T TAKE THEM LIGHTLY. YOU KNOW, THESE NUMBERS.HAT THEY ARE SAYING IS IT'S JUST TALKING.

IT'S UP RE BELIEVE THAT SOMETHING IS GOING ON WITH THESE NUMBERS. SO I WANT TO MAKE IT VERY CLEAR TO EVERYBODY WHO IS LISTENING AND EVERYONE WHO IS IN THE ROOM, THERE ARE PEOPLE IN OUR COMMUNITY WHO THINK THE NUMBERS ARE FUNNY SO TO SPEAK. I WANT EVERYBODY WHO HEARS MY VOICE TO UNDERSTAND THAT I DID GO BACK AND REVIEW THE CENSUS.

I WENT BACK AND REVIEWED EVERY NUMBER THAT I HAVE BEEN EMAILED AND EVERY NUMBER THAT I'VE BEEN TOLD.

I'M TRYING TO FIGURE IT OUT AND MAKE IT MATCH.

BUT I DID READ THE MEMO FROM MR. SPITZER.

>> THIS IS MY SECOND STAB AT REDISTRICTING.

I WAS FORTUNATE ENOUGH TO BE HERE BACK IN 2012, WHEN WE DID THIS ONCE BEFORE. I'M GOING TO TELL YOU, IT'S A VERY INTRICATE ISSUE. VERY COMPLEX WHEN YOU START TAKING A LOOK AT ALL THE DIFFERENT MECHANISMS THAT ARE IMPORTANT TO THIS COMMUNITY. I CAN'T TELL YOU ANY MORE IMPORTANT JOB WE HAVE THAN TO MAKE SURE THE REDISTRICTING PROCESS IS DONE PROPER. AND AT THE END OF THE DAY, WE HAVE FAIR REPRESENTATION ON BOTH SIDES.

THE WORST THING WE COULD DO IS DO NOTHING AT ALL.

THERE ARE 3000 MORE PEOPLE LIVING IN DISTRICT 2 THAN THERE ARE IN DISTRICT 1. THAT IS A FACT.

YOU KNOW? AND THAT IN ITSELF -- IT UPSETS ME AS A DISTRICT 2 COMMISSIONER.

THE FACT IS I LIKE A LEVEL PLAYING FIELD.

SO THERE IS A LOT OF DATA OUT THERE.

WE TRUST DATA THAT HAS BEEN DERIVED THROUGH THE FEDERAL GOVERNMENT. THAT HAS BEEN LOOKED AT BY 1/3 PARTY, INDEPENDENT COUNSEL, AND WE HAVE TO LOOK AT AND MAKE A

[01:10:01]

DECISION ABOUT. IT'S DIFFICULT.

BECAUSE THERE ARE FOLKS OUT THERE WHO BULLET EVE EVERYTHING. AT THE END OF THE DAY, WE HAVE TO COME UP WITH A PROCESS -- WET TO COME UP WITH A DECISION THAT LEVELS AT PLAINFIELD. THAT'S WHY WE ARE HERE -- BOTH WORKSHOPS. COMMISSIONER GAINES, IF YOU DID ANYTHING IN YOUR FIRST FOUR OR FIVE MONTHS, BRINGING THAT EXTRA WORKSHOP. YEAH, I WAS DRAGGING MY FEET ALL THE WAY TO THAT WORKSHOP. BUT I LEARNED MORE IN THE SECOND ONE THAT I DID THE FIRST ONE.

SO I APPRECIATE THAT. AND I GIVE YOU A SHOUT OUT THAT YOU DID A GOOD JOB BY DOING SO. WE WERE ABLE TO HEAR FROM FOLKS -- A CERTAIN CROSS-SECTION OF OUR COMMUNITY THAT REALLY RAISE THE PROPER QUESTIONS. MAKE SURE WE ARE DOING THE MOST IMPORTANT JOB PROBABLY BETTER THAN MOST OTHER COMMUNITIES DO.

SO LET'S HEAR FROM THE PUBLIC. LET'S FIND OUT WHERE WE ARE AT AND WHAT WE'VE GOT TO DO. BUT KNOW THAT YOU HAVE PROBABLY THE BEST INFORMATION THAT YOU CAN GET RIGHT NOW IN FRONT OF

YOU. >> AND I WOULD SAY, MATTA MAYOR, FURTHERMORE TO THAT -- COMMISSIONER GAINES, YOUR COMMENT ON WHAT YOU MENTIONED. YEAH, WE HEAR THOSE SENTIMENTS AND WE HEAR THOSE ECHOES. BUT THERE IS ALSO, YOU KNOW, SOME THINGS THAT WE NEED TO MAKE SURE ARE BEING HEARD LOUD AND CLEAR. THIS IS NOT GOING AWAY WITH SINGLE MEMBER DISTRICT. SO DISTRICT 1 WILL STILL HAVE AN OPPORTUNITY TO ELECT OR PICK THE PEOPLE TO REPRESENT THEM.

THAT LIVE IN THAT DISTRICT AND RESIDE THERE.

THAT'S A QUALIFICATION. AND THE PEOPLE IN THAT AREA HAVE AN OPPORTUNITY TO ELECT WHOEVER THEY WANT TO SEE REPRESENTING THEM. THAT'S NOT GOING AWAY.

THAT WILL BE THERE. THAT'S BY THE DECREE.

THAT SOMETHING WE COULDN'T DO IF WE TRY TO.

THAT'S NOT EVEN BEING LOOKED AT.

AND I WANTED TO SAY THAT FOR CLARIFICATION.

LOOKING AND UNDERSTANDING WHAT THAT LAWSUIT WAS ABOUT BY REVERAND COLEMAN AND READING IT IN ITS ENTIRETY AND UNDERSTANDING IT -- I FEEL AS THOUGH WE ARE PROTECTING NOT ONLY THAT CONSENT DECREE, BUT ANYTHING GOING FORWARD THAT WOULD BE FAIR, BALANCED AND NOT SCRUTINIZED OR OUT OF COMPLIANCE BASED ON THAT ACTUAL DECREE THAT WAS PUT IN PLACE BY A FEDERAL JUDGE. WE ARE SERIOUS ABOUT IT TO THE POINT THAT IT'S INSIDE OF THE CHARTER OF THE CITY OF FORT.

I'M DONE, MATTA MAYOR. >> COMMISSIONER, YOU ARE (INDISCERNIBLE).WE ARE ALMOST 13 PERCENT, ? SIX AND HALF PERCENT OR SOMETHING LIKE THAT IN EITHER DIRECTION.

TO REALIGN IT IS WHAT OUR JOB IS.

TO MAKE SURE EACH DISTRIT IS PROPERLY REPRESENTED.

I'VE ONLY SEEN ONE EMAIL THAT ACTUALLY SHOWED ME SOME DATA ON THE RECOMMENDATION. I BELIEVE ALL OF YOU RECEIVED THAT EMAIL. TO REDUCE THE 13 PERCENT BY HALF. IT WAS A RECOMMENDATION.

OKAY, THAT'S FAIR. THAT'S GOOD.

BUT THE OTHER DATA THAT WE ARE TALKING ABOUT IN OUR TWO WORKSHOPS REDUCE THE DISCREPANCY OR THAT POPULATION DEVIATION BETWEEN THE TWO DISTRICTS BY LESS THAN ONE PERCENT. AND IF THERE IS ANY TIME THAT WE CAN SAY OUR CITY HAS DONE A KICK BUTT JOB AT TAKING SOME DATA AND REALIGNING SOME DISTRICT LINES, AND GET IT UNDER ONE PERCENT? I'M PRETTY PROUD OF WHERE WE ARE RIGHT NOW. AND YES, COMMISSIONER GAINES, THANK YOU FOR THE SECOND WORKSHOP AND THE RECOMMENDATION AND THE ASK OF THIS COMMISSION ON BEHALF OF THE PUBLIC.

APPRECIATE THAT. THANK YOU.

>> AND I AM REMINDED THAT THE CONSULTANT, IN THE WORKSHOP, HAD THE INTERACTIVE MAP ON. HE WAS ABLE TO PUT HIS CURSOR ON THERE AND TELL YOU -- OR THE CENSUS BLOCK, HOW MANY PEOPLE LIVED IN THERE. BUT THEIR RACE WAS, ALL KINDS OF THINGS. BECAUSE HE HAD THE OVERLAY.

IT WAS VERY, VERY FINELY TUNED. IT'S PROVIDED BY THE U.S.

CENSUS. AND GUESS WHERE THE U.S. CENSUS GETS ITS INFORMATION? FROM YOU.

THE PEOPLE TELLS THE CENSUS. SO THAT'S THE BEST INFORMATION THAT WE CAN GET. THAT IS ALSO THE INFORMATION THAT WE ARE SUPPOSED TO BASE REDISTRICTING ON.

ANYTHING ELSE BEFORE WE OPEN IT UP FOR THE PUBLIC? ANYTHING ELSE? OKAY.

NOW IS THE TIME FOR PUBLIC HEARING.

[01:15:02]

EVERYBODY HAS THREE MINUTES. PLEASE STATE YOUR NAME AND ADDRESS WHEN YOU BEGIN. MS. COX WILL GIVE YOU A THREE SECOND WARNING. WHO WOULD LIKE TO GO FIRST? ANYONE ELSE? PLEASE MOVE FORWARD.

PLEASE MOVE FORWARD, IF YOU LIKE TO GO FIRST.

MAYBE IF YOU WOULD QUEUE UP, THAT WOULD HELP MOVE THIS

ALONG. >> REGINALD SESSIONS, CITY OF FORT PIERCE. -- -- DID NOT ADDRESS CRITICAL CONCERNS THAT IMPACTS THE PROPOSED REDISTRICTING MAP THE CITY IS PROPOSING HERE TONIGHT. MR. SPITZER'S EXPLANATION STILL DOES NOT EXPLAIN THE UNDERCOUNTING OF BLACKS, OF OVER 1000 PEOPLE, OR OF OVER COUNTING WHITES, 2500 PEOPLE COMPARED TO THE ACTUAL CENSUS NUMBERS.

MR. SPITZER'S ANNEXATIONS MAY HAVE SOMETHING TO DO WITH THE DISPARITIES IN THE DATA. BUT HIS LACK OF EXPLANATION (INDISCERNIBLE) HE WAS NOT ABLE TO EXPLAIN.

THE CITY RIGHT NOW IS UNDER PIECE OF LEGISLATION -- ONE OF THE BIGGEST CIVIL RIGHTS LEGISLATIONS THAT EVER HIT THE CITY OF FORT PIERCE -- -- THE ACLU WAS INVOLVED IN THAT LAWSUIT. YOU RECEIVED A MEMO FROM THE ACLU WITH THE EXACT SAME CONCERNS I HAVE HERE TODAY.

I WILL READ A COUPLE LINES FROM THAT ACLU MEMO.

IT IS PARAMOUNT THE CITY ENSURE THAT IT'S ACCURATE PICTURE OF THE POPULATION EQUALLY AND THERE IS A QUALITY OF THE DISTRICTS UNDER CONSIDERATION. THE COMMISSION MUST TAKE CARE THAT IT USES THE ACCURATE AND OFFICIAL CENSUS FIGURES.

THE VOTING ACTS RIGHTS OF 1965 PROTECTS THE RACIAL AND THE LANGUAGE OF MINORITIES OPPORTUNITY TO PARTICIPATE IN THE POLITICAL PROCESS. IT'S NOT BEING DONE WITH THE PROPOSED MAPS. BY THE WAY, THE ACLU WENT A STEP FURTHER AND THE EVEN PRESENTED SOME ALTERNATIVES THAT WOULD BE FIVE PERCENT WITHIN THE DEVIATION LEGALLY ALLOWED BY LAW. THE ATTACHED THEM TO THE MEMO.

THAT THEY HAD NO PROBLEM WITH IN MEETING THE DECREE.

LADIES AND GENTLEMEN, THERE WAS A DEGREE -- A FEDERAL DECREE.

YOU NEED TO READ IT. THERE ARE CERTAIN PARAMETERS OF THAT DECREE THAT SPECIFICALLY ADDRESS WHAT YOU ARE DOING AND WHAT YOU ARE TRYING TO ACCOMPLISH HERE UP UNDER THE CONSULTANT'S RECOMMENDATIONS HERE TONIGHT.

SO HERE WE ARE. I GUESS WE ARE LOOKING AT ANOTHER LAWSUIT. ACLU HAS ACTUALLY REPRIMANDED THE CITY AND ITS LETTER WITH REGARDS TO THE BEHAVIOR HERE TONIGHT. SO I GUESS ULTIMATELY WE ARE GOING TO END UP ACROSS THE STREET AT THE FEDERAL COURTHOUSE OF THE SITUATION DOES NOT CHANGE.

WHAT I LIKE ABOUT THEM IS THEY DIDN'T JUST TALK ABOUT THE PROBLEM. THEY GAVE A PROPOSAL THAT WOULD SATISFY THE LAW AS WELL AS MEET THE DECREE.ND EVERYONE WOULD BE INVOLVED AND HAPPY WITH IT. I'M GOING TO END ON THIS NOTE: THERE WERE SEVERAL PEOPLE IN DISTRICT 2 JUST AS DISSATISFIED AS DISTRICT 1. SO THIS IS A SITUATION THAT NEEDS TO BE ADDRESSED. THANK YOU.

>> THANK YOU, SIR.HO WOULD LIKE TO GO NEXT?

>> MARIO WILCOX, 5227 OAKLAND LAKE CIRCLE, FORT PIERCE FLORIDA. MATTA MAYOR, MEMBERS OF THE COMMISSION, MEMBERS OF THE PUBLIC, I STAND BEFORE YOU ONCE AGAIN. I DID HAVE A SPEECH PREPARED, BUT ON THIS ONE? I'M GOING TO SPEAK FROM THE HEART. NOW, I APPRECIATE THE WORKSHOPS. AND I ALSO APPRECIATE EVERYONE'S VIEW, WHETHER WE AGREE OR DISAGREE.

BUT I STAND BY WHAT I SAY, WITH THE QUESTION, HOW DID YOU GET ELECTED? MATTA MAYOR, YOU STATED THAT.

WHERE DID THE NUMBERS FROM THE CENSUS BUREAU COME FROM?

THEY COME FROM US. >> ADDRESS THE WHOLE COMMISSION.

[01:20:09]

A NAME, IT REFERS TO EVERYONE, FOR THE RECORD.

IT'S NOT SINGLING OUT ANYBODY. HOWEVER, I'M REFERENCING A COMMENT SHE MADE. SHE SAID INFORMATION COMES FROM THE PEOPLE. I SAY TO YOU, EACH OF YOU, YOU GOT ELECTED FROM US. LIKEWISE.

WHICH MEANS, WE CHOOSE YOU -- YOU DON'T CHOOSE US.

SO WHEN IT COMES TO REDISTRICTING, IT'S WHAT THE PEOPLE WANT. WHAT IS FAIR AND EQUITABLE.

POLITICIANS DO NOT CHOOSE THE VOTERS.

THE VOTERS CHOOSE THE OFFICIALS.

THAT'S THE WAY IT'S BEEN, THAT'S WAY IT ALWAYS HAS BEEN, THAT'S THE WAY IT'S GOING TO CONTINUE TO BE.

IN THAT FEDERAL CONSENT DECREE, IT EVEN CLEARLY STATES, YOU MUST GO BEFORE THE FEDERAL COURT JUDGE WITH YOUR INTENTIONS. THAT WAS LEFT OUT.

YOU DIDN'T DO THAT. EVEN PRIOR TO THE WORKSHOP.

IF YOU LOOK AT OTHER STATES AND WHAT THEY HAVE DONE, OTHER COUNTIES, THEY EVEN INVOLVE THE SUPERVISOR OF ELECTIONS.

WE HAVE AN AFRICAN-AMERICAN SUPERVISOR OF ELECTION WHO KNOWS OUR COMMUNITY BETTER THAN ANYONE.

SERVED OVER 40+ YEARS. SHE'S NOT EVEN HERE.

BUT YOU SAY THAT YOU ARE NOT TAKING AWAY SINGLE MEMBER DISTRICT VOTING. YES YOU ARE.

BECAUSE IN ORDER FOR US TO MAINTAIN SINGLE MEMBER DISTRICT VOTING, IT IS CLEARLY WRITTEN IN THE VOTERS PROTECTION ACT THAT WE MUST BE ABLE TO MAINTAIN GUARANTEED VOTES, WHERE WE CAN HAVE THE ABILITY TO ELECT SOMEONE OF OUR CHOOSING. BUT WHEN YOU DILUTE VOTERS BY WAY OF EVERY 10 YEARS, IT TAKES AWAY THAT ABILITY TO MAINTAIN SINGLE MEMBER DISTRICT VOTING. THUS IT ALLOWS YOU TO CIRCUMVENT THE WHOLE FEDERAL CONSENT DECREE.

THE HANDWRITING IS ON THE WALL. I SEE IT.

AND IF OTHERS DON'T SEE IT, THEY ARE SIMPLY UNINFORMED AND THEY NEED TO DO THEIR RESEARCH. THANK YOU.

>> THANK YOU, SIR. THANK YOU VERY MUCH.

WHO ALSO LIKE TO ADDRESS THIS ISSUE? ANYONE ELSE? IS THERE ANYONE ELSE WHO WOULD LIKE TO ADDRESS THIS ISSUE? LAST CALL.

OKAY. I WILL CLOSE THE PUBLIC HEARING AND WE WILL ENTERTAIN A MOTION OR DISCUSSION.

ONE OF THE THINGS THAT I DID OVER THE WEEKEND IS LOOK AT THE PERCENTAGES THAT ARE IN THE CURRENT FORT PIERCE DISTRICTS AND COMPARE THEM TO THE PERCENTAGES PROPOSED AN ALTERNATIVE A. THEY ARE ALMOST IDENTICAL.

THEY ARE ALMOST IDENTICAL. AND I WILL JUST READ THE PERCENT. THE PERCENT OF WHITE VOTERS IN DISTRICT 1 IS IN THE CURRENT DISTRICT 19 PERCENT.

THE PROPOSED DISTRICT, 21 PERCENT.

THE PERCENTAGES OF BLACK VOTERS IN DISTRICT 1 CURRENT, 60.53.

AND ALTERNATIVE A, 58 PERCENT. THE PERCENTAGES OF OTHER, WHICH IS WHAT -- A MIXTURE OF ANY RACE -- IS BOTH 20 PERCENT.

THEIR 20 PERCENT IN DISTRICT 1. IN DISTRICT 2, THE PERCENTAGES ARE ALSO IDENTICAL. BY THE WAY, WE HAVEN'T EVEN TALKED ABOUT HISPANIC, WHICH MR. SPITZER EXPLAINED TO US IS NOT A RACE BUT A ETHNIC GROUP. THEY STAY EXACTLY THE SAME IN THE CURRENT DISTRICT AS AN ALTERNATIVE.

A MOST OF THE PERCENTAGES STAY EXACTLY THE SAME.

THE NUMBERS INCREASE BECAUSE WE HAVE MORE PEOPLE LIVING (INDISCERNIBLE). SO WHAT WE HAVE ALSO IN ALTERNATIVE A IS IT MEETS EVERY OTHER CRITERIA THAT MR. SPITZER SAID A SUCCESSFUL REDRAWN DISTRICT 1 MUST MEET.

IT MUST BE UNDERSTOOD BY PEOPLE.

IT MUST BE COMPACT. IT MUST NOT DILUTE MINORITIES.

IT MUST NOT BREAK UP COMMUNITIES OF INTEREST.

IT MEETS ALL OF THOSE CRITERIA. AND SO, I'M VERY COMFORTABLE

[01:25:07]

WITH ALTERNATIVE A. A1. >> MATTA MAYOR, WE BROUGHT FORTH A PROPOSAL HERE THAT WE ARE LOOKING AT ON VOTING ON TONIGHT. THE COMMENTS, I FIND -- I WELCOME THE COMMENTS. I ALWAYS WELCOME THE COMMENTS.

BUT THERE IS AN INTERPRETATION OF THE LAW.

AND I'VE HAD A CHALLENGING CONVERSATION WITH MY ATTORNEY HERE, BECAUSE WHEN I GET THINGS FROM THE ACLU AND I GET THREATS ABOUT LAWSUITS, I MAKE SURE. BECAUSE ULTIMATELY, YOU ARE RIGHT, WE ARE ELECTED BY THE PEOPLE.

AND THE JUDICIOUS USE OF PEOPLE'S TAXES MAKING SURE WE DON'T MAKE MISTAKES. WITH THAT BEING SAID, WHEN I LOOK AT THIS AND I UNDERSTAND WHAT IT IS, IT'S NOT LOOKING AT PROPOSING SOMETHING THAT COULD BE CHALLENED FURTHER DOWN THE LINE. IT IS SIMPLY LOOKING AT THE POPULATION OF THE CITY OF FORT PIERCE -- --.

I DON'T KNOW WHERE WE ARE GETTING INTO THIS OTHER STUFF ON THESE ALLEGATIONS? BUT YOU CITED OFF THE PERCENTAGES. THOSE DISTRICTS -- THE DISTRICT THAT IS THERE IS STILL CURRENTLY INTACT.

IT'S A PORTION THAT'S BEING ADDED.

I LOOK AT IT AND I DON'T SEE A DILUTION.

SO, THAT'S MY COMMENT. I'M GOING TO ALLOW MY OTHER FELLOW COMMISSIONERS TO MAKE A COMMENT AT THIS POINT.

BUT IT'S PRETTY CLEAR TO ME THAT TO DO NOTHING IS UNACCEPTABLE, BASED ON THE CURRENT CONDITION AND WHERE WE ARE RIGHT NOW. AND WITH THE PENDING ELECTION COMING UP, THEN WE ALSO HAVE TO THINK HOW DOES THAT SIT WITH THOSE COMING THIS UPCOMING ELECTION IN THE CHALLENGE THAT MAY COME WITH DISTRICTS THAT ARE MISALIGNED? BY 1500 OR 3000 PEOPLE? THERE'S A DIFFERENCE IN BOTH OF THEM. THAT'S UNACCEPTABLE IS TO DO

NOTHING. >> ANYONE ELSE?

>> MATTA MAYOR? IT IS UNACCEPTABLE, COMMISSIONER. WE CAN'T JUST TAKE NO ACTION TONIGHT. WE HAVE TO TAKE ACTION, RIGHT? IN THE ONE PROPOSAL THAT I'VE SEEN HERE AND ALL THE ALTERNATIVES THAT HAVE BEEN PROPOSED BY THE CONSULTANT THAT WE HIRED, THERE WAS SOME VERY WELL-DEFINED CONDITIONS.HERE WERE SOME WELL-DEFINED ALTERNATIVES.

WE HAD TO LOOK AND EVALUATE WHAT THOSE CONDITIONS MEAN, BASED ON POPULATION. BASED ON CLARITY TO THE EVERYDAY PERSON THAT'S A VOTER IN THIS CITY OF FOUR.

THAT THEY LIVE IN DISTRICT 1 OR DISTRICT 2. ONE OF THE PROPOSALS THAT I SAW THAT CAME TO ME IN AN EMAIL -- IT ACTUALLY DISSECTED A COMMUNITY, WHICH WAS ALONG NEBRASKA IF I'M NOT MISTAKEN. THE LAWNWOOD VILLAGE AREA.

IS THERE ANYTHING THAT COULD BE MORE CONFUSING IS TO DIVIDE A COMMUNITY IN HALF? AN ESSAY YEAR OVER HERE, AND NOW YOU ARE OVER HERE, AND YOUR OTHER NEIGHBORS OVER HERE? THAT'S JUST THE CHALLENGE. SO IT WAS WITHIN THE WHOLE AREA OF WHAT WE ARE EVALUATING IS ALTERNATIVE NUMBER 1. THE SECOND PROPOSAL THAT WAS PROVIDED, AND THE ONLY OTHER ALTERNATIVE THAT WAS PROVIDED BY 1/3 PARTY -- OUTSIDER IN PUBLIC RECORD -- CONTEMPLATED THE SAME TYPE OF AREA WE PROPOSED -- THAT WE DISCUSSED. AN ERROR CONSULTANT WAS EVALUATING AS ALTERNATIVE NUMBER 2. AGAIN, WILL GO BACK TO THE WORKSHOPS AND THE COMMENTS MADE BY ALMOST ALL OF US. WE SPENT QUITE A LENGTHY TIME ON THE PHONE TALKING WITH THE CONSULTANT.

I DID, PERSONALLY. LOOKING AT AND TAKING THE GIS DATA AND CLICKING ON, LIKE YOU TALKED ABOUT, MATTA MAYOR, THE WHO, WHEN, WHY AND HOW OF THE AREA.THE ALTERNATIVES.

THE DATA. YOU CLICK ON IT.

THE WHAT IF SCENARIOS -- WHAT IF WE MOVE THE LINE TOTALLY SOMEWHERE ELSE? IT DIDN'T MAKE SENSE.

SO HERE WE ARE. WE EVALUATED THE ALTERNATIVES.

WE CAME DOWN TO A GOOD SOLUTION OF TWO OPTIONS.

BOTH LESS THAN A ONE PERCENT DEVIATION -- POPULATION DEVIATION.LIKE I SAID BEFORE, I'M PRETTY PROUD OF THE FACT WE

[01:30:05]

GOT TO THAT POINT. HAVE SOME HARD NUMBERS.

WE HAVE SOME GREAT NUMBERS. WE HAD TO TAKE SOME.

WE HAD TO TAKE SOME ALTERNATIVES.

MAYBE WE WEREN'T WANTING TO CHOOSE, BUT WE DID.

AND WE HAD TO TAKE SOME ALTERNATIVES WE DIDN'T WANT TO CHOOSE AND WE DID. IT'S A GIVE-AND-TAKE.

IT'S AN EVALUATION. IT'S A PROCESS.

THE PUBLIC WAS WELL-INFORMED. THE PUBLIC HAD THEIR CHANCE.

E AS CITIZENS AND ELECTED OFFICIALS HAD A CHANCE TO THE PUBLIC ON A DAY IN DAY OUT BASIS TO EVALUATE THECONDITIONS AND HAVE GOOD CONVERSATIONS ABOUT IT.

I THINK WE ARE IN A VERY GOOD SPOT .

I LIKE ALTERNATIVE ONE. WE TALKED ABOUT ALTERNATIVE ONE AS THE LEADING RECOMMENDATION. AND THAT'S WHERE I AM TODAY.

HANK YOU. >> ANYONE ELSE? ANYONE ELSE? ANYBODY READY TO MAKE A MOTION?

>> MATTA MAYOR, I MOVE APPROVAL OF ORDINANCE 22-012 -- --

FOLLOWING THE 2020 U.S. CENSUS. >> SECOND.

>> ANY OTHER DISCUSSION? CALL ROLL, PLEASE.

[a. Discussion of the unsolicited proposal provided by Aqualia regarding the relocation of the island water reclamation facility at the request of Commissioner Curtis Johnson.]

IS THE DISCUSSION OF THE UNSOLICITED PROPOSAL PROVIDED BY AQUALIA RELOCATION ILA WATER AT THE REQUEST OF COMMISSIONER

JOHNSON. >> COMMISSIONER JOHNSON, DO

HAVE A LEAD INTO THIS? >> YES, I DO.

I ASKED THE REPRESENTATIVE FROM AQUALIA TO BE IN THE AUDIENCE TONIGHT AND TO COME. IN A CONVERSATION WITH THE CITIZENS DESK OF THE CONCERNED CITIZENS OF THE COMMUNITY IN LOOKING AT THE PRESERVATION OF OUR PRISTINE WATERWAYS.

ALSO UNDERSTANDING WE ARE ALL CHARGED WITH PROTECTING THE ENVIRONMENT. WE'VE HAD SOME CONVERSATIONS WITH OUR COMMUNITY PARTNERS AT FPUA.

I SEE THERE IN THE AUDIENCE AND I WANT TO THANK THEM.

I'VE SINCE THEN IN MY CONVERSATIONS LEARN SOME THINGS THAT WERE CONCERNING TO ME. KNOWING THAT WE CAN'T HAVE CONVERSATIONS BEYOND DOORS NOT IN A PUBLIC QUORUM, I WANTED TO HAVE THAT REPRESENTATIVE COME. I MET WITH HIM EARLIER TODAY.

I HAD SOME QUESTIONS AND CONCERNS.

I DO WANT TO PUT THAT IN PUBLIC RECORD AND VIEW.

I ALSO WANT TO INVITE MY FELLOW COMMISSIONERS TO HAVE A FAIR UNDERSTANDING OF WHERE WE ARE. AND WITH A COMMON UNDERSTANDING THAT WE ALL AGREE THAT WE WANT TO SEE THE RECLAMATION PLANT REMOVED. I THINK THAT'S THE FIRST THING WE START WITH. WHAT I'M REALLY BOUND BY IS MAKING SURE THAT I HAVE ALL OF THE INFORMATION FROM ALL SOURCES TO MAKE AN INFORMED DECISION BASED ON THIS.

BECAUSE IT'S NOT GOING TO BE FREE.

WE KNOW THAT. AND FOR ME TO UNDERSTAND FROM ALL PARTIES INVOLVED THAT WANT TO PARTICIPATE IN THIS, I FELT COMPELLED THAT WE NEEDED TO HAVE THIS CONVERSATION.

AQUALIA CAME TO US IN AN UNSOLICITED WAY.

THEY GAVE US A BID BACK IN JULY, I THINK, OF LAST YEAR IF

I'M NOT MISTAKEN. >> IT WAS MADE.

AND WE MADE THE PRESENTATION IN JUNE.

>> AND WE HAVEN'T HEARD SINCE THEN.

SO I WAS NOT REALLY UNDERSTANDING WHAT WAS IN THE PROCESS. I UNDERSTAND WE ARE GOING THROUGH A CERTAIN PROCESS, BUT I WANTED TO MAKE SURE THAT I HAD A FULLER UNDERSTANDING OF WHERE WE ARE WITH THIS FROM SOMEONE WHO HAD COME TO US BEFORE AND PRESENTED SOME DATA.

AND THAT CONVERSATION, I'VE LEARNED SOME THINGS.

SOME GOING TO GIVE YOU A COUPLE MINUTES TO START IN YOUR CONVERSATION. AND THEN, WE WILL GO FROM

THERE. >> WOULD YOU STATE YOUR NAME

FOR THE RECORD, PLEASE. >> (NAME) REPRESENTING AQUALIA.

GOOD AFTERNOON, EVERYONE. FIRST OF ALL, I WANT TO THANK COMMISSIONER JOHNSON FOR INVITING AQUALIA HERE TO SPEAK IN FRONT OF YOU. AS YOU MAY KNOW FOR A WHILE, WE'VE BEEN TRYING (INDISCERNIBLE) THE CITY WASTEWATER PLANT. WE WANTED TO BE THE TOOL FOR THE CITY, WORK IN COLLABORATION WITH THE CITY AND FPUA AND MAKE IT HAPPEN. -- --.

[01:35:03]

I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

SO PLEASE, THANK YOU VERY MUCH FOR LETTING ME BE HERE TODAY.

>> WE APPRECIATE BEING HERE. >> I'LL START OFF IF YOU DON'T MIND? COULD YOU GIVE US A GENERAL OVERVIEW OF WHAT YOU PRESENTED AND WHAT THAT WOULD ENTAIL WHEN IT CAME TO REMOVAL -- RELOCATION, I'M SORRY, OF THE

WASTEWATER PLANT? >> OUR ORIGINAL PROPOSAL WAS A (INDISCERNIBLE) WITH THE CITY AND THE FPUA.

WE WERE HELPING THIS CITY WITH THE FINANCING (INDISCERNIBLE).

WE HAVE BEEN VERY FLEXIBLE ON HOW WE PRESENTED OUR PROPOSAL.

SO WE WANT TO OFFER THE CITY WHAT THEY REALLY NEED.

WE COULD OFFER THE WHOLE PACKAGE -- FINANCE, CONSTRUCTION (INDISCERNIBLE). BUT WE ARE OPEN TO HELP WHATEVER PIECE THE CITY NEEDS. WE HAD THE OPPORTUNITY TO SPEAK WITH THE FPUA TWO WEEKS AGO. I OFFERED THIS HELP TO THEM -- TO BE THERE TOOL. (INDISCERNIBLE).

WE CAN MAKE IT QUICKER. ALSO, WE ARE MAKING (INDISCERNIBLE) MUCH MORE AFFORDABLE.

(INDISCERNIBLE) MANAGING OVER 600 WATER CONSULTANTS AROUND THE WORLD. THIS IS WHAT WE DO.

WE HELP CITIES IMPROVE THEIR WATER SYSTEMS. IMPROVE THE WAY THEY OPERATE AND MAINTAIN THEIR WASTEWATER SYSTEMS. THAT'S WHAT WE REALLY DO.

HOW WE CAN MAKE IT POSSIBLE? MAINLY BECAUSE WE ARE VERY FLEXIBLE FROM THE FINANCING. WE DON'T NEED A RATES INCREASE UNTIL THE PLANT IS REALLY WORKING UNDER OPERATION.

THAT MEANS WE WILL (INDISCERNIBLE) BUILD A PLAN WITHOUT ASKING ANY RATES INCREASE OF THE CITY.

THEN, BECAUSE WE WILL ALWAYS BE LOOKING AT THE BEST PROCESS FOR THE CITY TO MAKE A VERY SUSTAINABLE IN THE LONG TERM.

AND ALSO (INDISCERNIBLE). IN OUR PROPOSAL, WE WERE INCLUDING ALL THE REPAIRS, OTHER CAPITAL INVESTMENTS THAT THIS NEEDED (INDISCERNIBLE) 30 YEARS FOR KEEPING AND MAINTAINING THE PLANT. KNOWING THAT FOR US, A PLAN IS IN PLACE FOR THE COMMUNITY. WHERE THEY CAN GO THERE AND LEARN HOW THE WATER IS TREATED. TO LEARN ABOUT THE RESOURCES AND HOW WE NEED TO TAKE CARE OF THEM.

SO WE WANTED TO BE A PLACE OF THE CITY TO BE PROUD TO VISIT AND TAKE THEIR CHILDREN FROM SCHOOL AND SENIOR PEOPLE OR WHOEVER WANTS TO LEARN ABOUT OUR WATER.

>> LAST QUESTION, MADAM MIRROR. ARE YOU RIGHT NOW INVOLVED IN THE PROCESS, RIGHT NOW, WITH OUR COMMUNITY PARTNERS WITH THIS BUILDING OF THIS WASTEWATER TREATMENT PLANT?

>> I'VE BEEN FOLLOWING THE PROCESS FOR LONG TIME.

ALMOST 2 YEARS NOW. BUT WE ARE NOT (INDISCERNIBLE) RIGHT NOW, BECAUSE WE OFFER BEING PART OF THE TEAM TOGETHER WITH THE FPUA. BUT WE WERE NOT -- SUPPOSEDLY

THEY DIDN'T NEED US. >> OKAY.

THANK YOU. I'M DONE FOR NOW.

>> COMMISSIONER GAINES? >> THANK YOU FOR COMING IN.

I HEARD YOU SAY THAT YOU HAD A PRESENTATION.

I THINK, SOMETIME LAST YEAR, WITH THE BOARD? I NEED TO TRY TO SEE THAT PRESENTATION.

I HAVEN'T REVIEWED THE PRESENTATION.

BUT THE ONE THING I HEARD YOU SAY JUSTIN IS -- YOUR COMPANY COULD DO THIS WITHOUT THE POSSIBILITY OF RAISING RATES DURING THE CONSTRUCTION UNTIL COMPLETION.

AND AT THAT POINT, SOME TYPE OF ADJUSTMENT TO RATES WOULD BE BROUGHT BACK TO THE COMMISSION OR WHATEVER -- IS THAT MY UNDERSTANDING OF WHAT YOU JUST SAID?

>> YEAH. MEAN, THE PLAN IS TO BE PAID.

SO INCREASE RATES (INDISCERNIBLE).

WHAT WE ARE OFFERING IS A MUCH MORE FLEXIBLE SOLUTION.

BECAUSE WE DON'T NEED THIS INCREASE OF RATES RIGHT NOW.

[01:40:02]

THE PLAN WE SUGGESTED TO YOUR STAFF PREVIOUSLY.

AQUALIA WON'T GET ANY MONEY UNTIL THE PLANT IS REALLY UNDER OPERATION AND IS ACCEPTED BY THE CITY.

THE OWNER -- THE CONTROL OF THE PLANT ALL THE TIME IS GOING TO BE ON THE CITY AND FPUA. WE ARE JUST A TOOL FOR YOU TO READ THE OLD -- (INDISCERNIBLE) AND PRODUCING REUSE WATER.

>> THANK YOU FOR THAT. I JUST WANTED TO BE CLEAR.

FROM WHAT I HEARD, WE KNOW THE PLANT NEEDS TO BE MOVED.

EVERYBODY UNDERSTANDS THAT. I JUST WANT TO BE CLEAR FOR THE PUBLIC. WHAT YOU ARE SAYING IS THAT YOU ARE FLEXIBLE. WE KNOW RATES HAVE TO BE INCREASED AT SOME POINT. BUT WHAT YOU ARE SAYING IS THEY DON'T HAVE TO BE INCREASED NOW. THEY HAVE TO BE INCREASED WHEN THE PLANT IS COMPLETED. THAT'S WHAT YOU WERE SAYING?

>> THAT IS CORRECT. >> COMMISSIONER JOHNSON.

>> THANK YOU. I THINK THERE'S QUITE A BIT TO THE MOVING PARTS. MR. (NAME) AND MR. (NAME) ARE IN THE AUDIENCE FROM FPUA TODAY.

HAVE YOU HAD A CHANCE TO MEET WITH FPUA AND DISCUSS THESE

ALTERNATIVES? >> YES.

I WAS VERY LUCKY. I HAD A CONVERSATION ABOUT TWO WEEKS AGO WITH MR. (NAME) AND MR. (NAME).

I ENDED UP REALLY HAPPY WITH THE CONVERSATION.

HOWEVER, THEY FEEL THAT THEY HAVE A PLAN THAT THEY CAN

FULFILL WITHOUT OUR HELP. >> SO THERE WAS SOME INFORMATION THAT WAS PASSED BACK AND FORTH.

SO WHEN YOU AND I TALKED ABOUT THIS PREVIOUSLY,AND THEN, OF COURSE , GETTING IN A QUICK CONVERSATION TODAY -- I THINK IT'S IN OUR OWN BENEFIT FOR A COUPLE LEVELS OF CONVERSATIONS TO HAPPEN WILL STOP TO HAVE A BREAKDOWN OF THE WASTEWATER

COLLECTION FEES AND RATES? >> NO.

>> THE REASON I TALK ABOUT THAT AND MENTION IT TO YOU, IS THAT THE FEE STRUCTURE IS BASED UPON COLLECTION, TREATMENT -- WHATEVER THE VARIABLES ARE. SO WHAT DOES THAT FEE STRUCTURE LOOK LIKE?ERE'S MY QUESTION -- THE COMMUNITY IS GOING TO HAVE TO EVALUATE DESK WE ARE READY HAD AN FPUA JOINT MEETING. BUT IF YOU WANT TO TAKE ON THE RESPONSIBILITY OF INCREASING THE RATES TO PAY FOR THE RELOCATION OF THE PLANT? THAT'S VERY MUCH IN THE PUBLIC.

HAT'S VERY WELL-KNOWN. HAT'S JUST COMMON SENSE -- TO MOVE THIS STRUCTURE ACROSS THE WAY AND BUILD A NEW ONE? IT'S GOING TO COST MORE MONEY. YOU DON'T HAVE THAT BREAKDOWN?

>> I DON'T HAVE A BREAKDOWN. >> WE NEED TO GET THAT BREAKDOWN. HERE'S MY QUESTION YOU: OKAY, WE CAN DEFER FOR TWO YEARS, BUT WE NEED TO KNOW WHAT THAT NUMBER LOOKS LIKE. IT NEEDS TO BE A FULL EVALUATION FROM YOUR PERSPECTIVE.

FROM YOUR RETURN ON THE INVESTMENT, AND/OR THE RETURN ON THE CONTRACT AND HOW THAT CONTRACT WILL BE STRUCTURED.

IF IT WERE A PARTNERSHIP AGREEMENT, A P3 -- A PUBLIC-PRIVATE PARTNERSHIP. WE NEED TO KNOW THESE THINGS.

SO I THINK THAT'S HELPFUL INFORMATION TO HAVE.

I THINK YOUR TECHNOLOGY HAS SPURRED A GOOD CONVERSATION WITHIN THE FPUA AND THE COMMUNITY.

I APPRECIATE YOUR INTEREST IN WHAT'S HAPPENING.

THERE MIGHT BE SOME MORE TO TALK ABOUT.

BUT I DO KNOW FPUA HAS TAKEN ON AN ENDEAVOR.

THEY'RE GOING DOWN A ROAD OF MOVING FORWARD.

I'M NOT AGAINST THAT. BUT WE HAVE TO HAVE THAT REAL CONVERSATION FOLLOW-UPTO OUR WORKSHOP , TO MAKE SURE IF IT WERE TO BE VOTED DOWN FROM THE FPUA BOARD OR FROM THIS CITY COMMISSION, NOW WE HAVE TO GO TO PLAN B. WE DON'T HAVE PLAN B IN PLACE, RIGHT? SO WE HAVE TO PROTECT OUR WATERWAYS. WE HAVE OUR ENVIRONMENTAL GROUPS. WE HAVE THE LAGOON COALITIONS AND ALL THE OTHER FACTORS OF US BE IN RESIDENCE HERE IN OUR COMMUNITY THAT ONE THAT THING MOVED.

SO WE HAVE TO EVALUATE THAT TOO.

BECAUSE IT NEEDS TO BE A MISSION.

AND WHEN YOU HAVE TO FULFILL THE MISSION AND HOW DO WE GET THERE? WE'VE HAD A LOT OF MOMENTUM.

I DON'T WANT TO SLOW THAT DOWN. I THINK THE FPUA LEADERSHIP -- I KNOW THEY DON'T WANT TO SLOW DOWN.

THIS IS THE MOST MOMENTUM WE'VE HAD IN 25 YEARS.

SO PLEASE, LET'S KEEP THAT MOMENTUM HOWEVER WE CAN DO THAT. IF THERE ARE OPTIONS AND ALTERNATIVES, WE SHOULD EVALUATE THAT.

IT IS OUR DUE DILIGENCE AND RESPONSIBILITY TO DO THAT.

THANK YOU. >> SO I WAS REALLY IMPRESSED AT THE WORKSHOP YOU HAD -- THE JOINT WORKSHOP THAT WE HAD LAST

YEAR. >> JULY.

EXIT SEEMS LIKE TWO YEARS AGO. AND REALLY, POSITION MYSELF AT

[01:45:09]

THE TIME AS DECISION-MAKER ON THE UTILITY AUTHORITY.

I WOULD'VE BEEN A LITTLE BIT MORE FORCEFUL AND FOLLOWING UP WITH A CALL YET. BECAUSE I REALLY WAS IMPRESSED WITH WHAT YOU HAVE DONE.BUT SINCE THAT TIME, THE UTILITY AUTHORITY HAS MOVED ON. IN SEPTEMBER, THEY ADOPTED A DESIGN BUILD. THEY ARE DOWN THAT PATH.

THERE AT 30 PERCENT RIGHT NOW AND MOVING IN THAT FORM.

MAYOR, YOU CAN THAT. THE ONE THING YOU DID DO WAS YOU GOT EVERYBODY MOVING REALLY FAST NOW.

BEFORE, I KEPT SAYING NOT TO MY LIFETIME.

I'M GOING TO TELL YOU, IT'S GOING TO BE IN MY LIFETIME.

I WILL BE ABLE TO GO THERE AND DRIVE THERE AND SEE WHAT'S HAPPENING. RIGHT NOW, WE ARE AT A POINT IN TIME. I'M HAPPY THAT AQUALIA IS STILL A PART OF THIS IN A WAY. RIGHT NOW, THE DESIGN BUILD IS ALL ABOUT A LOT OF THINGS HAVE TO HAPPEN FOR IT TO MOVE FORWARD. IT COULD FAIL.

AND MUCH LIKE YOU SAID, COMMISSIONER JOHNSON, KWALL YOU IS THERE AND HAS THE PLAN. KNOWS WHO WE ARE AND KNOWS MORE ABOUT THE INTIMATE DETAILS OF WHAT WE ARE TRYING TO ACCOMPLISH. I THINK THAT'S A GOOD THING.

THE ONE PART OF THIS THAT GIVES ME A LITTLE INDIGESTION IS THE FACT THAT ONE WAY THE UTILITY AUTHORITY, WHEN THEY HAVE TO COME UP WITH THEIR RATES TO OFFSET THOSE -- TO MITIGATE THOSE --'S TO HAVE MORE BUSINESS.

PART OF THAT IS PUBLIC POOLING ON A LARGE PARTNER SUCH AS ST.

LUCIE PART Y. -- -- RIGHT NOW, WE HAVE THAT GOING AND THAT CONVERSATION IS MOVING IN THAT DIRECTION.

BECAUSE THEY'RE LOOKING AT BUILDING THEIR OWN PLANT RIGHT NOW. AGAIN, WILL BE THREE MUNICIPALITIES IN THIS BEAUTIFUL COUNTY ALL HAVING THEIR OWN WASTEWATER SYSTEMS. YOU DON'T HAVE TO KNOW A WHOLE LOT ABOUT THAT TO KNOW THAT JUST DOESN'T MAKE ANY SENSE.

SO IT'S INCUMBENT UPON US TO MAKE SURE OUR COMMUNICATION IS THAT WE ARE MOVING DOWN THE PATH.

THE DECISION TO GO WITH AQUALIA OR GO WITH DESIGN BUILD IS REALLY NOT OURS AT THIS MOMENT IN TIME.

IT'S THE UTILITY AUTHORITY. THEY MADE THAT DECISION.

WE NEED TO SUPPORT THEM AS MUCH AS WE POSSIBLY CAN.ND TO SUPPORT THEM TO REACH OUT TO OTHER PLAYERS TO MAKE SURE THEY CAN COME ON BOARD TO MITIGATE THAT EXPENSE SO IT BRINGS DOWN THAT COST TO THE SINGLE CONSUMER.

AND THAT'S REALLY I THINK HE RIGHT NOW.

I LIKE ALL THESE THINGS GOING. I THINK THE DISCUSSIONS WITH AQUILA NEED TO STAY FRONT AND FORWARD.

THEY NEED TO BE UPDATED WHAT'S GOING ON.

I'M HAPPY THAT OUR NEW STAFF RIGHT NOW IS DYNAMIC ENOUGH TO REACH OUT AND MAKE SURE EVERYBODY KNOWS WHAT'S HAPPENING. BECAUSE THIS ISN'T DONE YET.

NOBODY KNOWS EXACTLY HOW THIS IS GOING TO PLAY OUT IN THE END. I'M JUST SAYING LET'S JUST STICK WITH THE PAGE. LET'S STICK WITH THE PLAN AND MOVE IT FORWARD. IF IT CHANGES, LET'S REACH OUT AND WHATEVER AVAILABILITY WE CAN TO KEEP ON DOING THIS.

THIS IS GOING TO HAPPEN WITHIN THE NEXT COUPLE OF YEARS.

I'M SO THRILLED WITH THAT. YOU PULL THAT WASTEWATER PLANT OFF OF SOUTH HUTCHINSON ISLAND AND PUT A BETTER USE OUT THERE.

THIS COMMUNITY -- I'M NOT TALKING ABOUT JUST FORT PIERCE.

THE WHOLE COUNTY COMES ALIVE WITH THAT DECISION.

THIS IS SOMETHING WE NEED TO BE A PART OF.

AND MAKE SURE WE ARE SINGING ONE SONG AND SUPPORTING OUR UTILITY PARTNERS TO MAKE SURE THIS THING GOES FORWARD.

>> I CAN SUPPORT THAT. AND I CAN SING THAT SONG.

I GUESS WHAT I LEARNED, I WAS A LITTLE CONCERNED.

I SAT IN ON THE SAME MEETINGS WE ALL SAT IN ON.

AND WHERE WE ALL AGREE IS THAT MORE INFORMATION IS KEY TO MAKING THE BEST DECISION FOR OUR RATEPAYERS OF THE CITY OF FORT. WE ARE A CITY OF ROUGHLY 48,000 PEOPLE. WE JUST WENT TO THAT LONG DISCUSSION! I AM HERE ONLY TO MAKE SURE -- AND I DISAGREE WITH YOU, COMMISSIONER PERONA. BECAUSE ULTIMATELY, WHATEVER IS DECIDED HAS TO COME BACK TO THE CITY COMMISSION FIRST A PROOF FOR THEM TO MOVE FORWARD. I'M NOT TRYING TO STOP MOMENTUM. I'M TRYING TO ADD TO THAT PROCESS. WHEN I MET WITH THE PEOPLE FROM AQUALIA, I WANTED TO MAKE SURE I WAS GETTING AN APPLES TO

[01:50:04]

APPLES COMPARISON AND FULL UNDERSTANDING OF WHAT THEY WOULD BRING TO THE ACTUAL TABLE.

AS FAR AS EITHER A COMPLIMENT OR AN ADDITION.

THIS FROM TRYING TO PUT TOGETHER.

BECAUSE ULTIMATELY, IT'S DESIGN.LTIMATELY, IT'S A BUILD. THAT'S GOING TO COME TO A NUMBER THAT WE HAVE TO FIGURE OUT HOW DO WE DO THIS AND PAY FOR THAT? AND WHAT IS BEING PRESENTED RIGHT NOW OUR RATES BEING INCREASED.

TO GET THAT. AND SO, WHILE I CAN UNDERSTAND THAT, I WANT TO MAKE SURE THAT I'VE DONE MY DUE DILIGENCE TO UNDERSTAND OTHER ALTERNATIVES. BECAUSE THIS ONE CAME TO US AND I WANT TO MAKE SURE DOES IT OR DOES IT NOT FIT WITH THIS

PARTICULAR PIECE? >> COMMISSIONER PERONA.

>> I AGREE WITH MOST OF THAT. BUT WE NEED TO TALK ABOUT APPLES TO APPLES. WE'VE HEARD RATE PROPOSALS COMING FROM THE FPUA. YOU'VE HEARD NOTHING FROM THE OTHER. OTHER THAN RATES WILL BE FLAT UNTIL OPERATION. AND THEN, THERE WILL BE SOME RATE INCREASE. AND YOU DON'T KNOW WHAT THAT NUMBER IS. SO IF YOU'RE GOING TO GET DOWN TO THAT AN YOU NEED THE INFORMATION, THAT HAS TO BE IN FRONT OF US FOR US TO BE GO FORWARD.

>> I AGREE WITH YOU. I'M NOT SAYING THERE IS NO EXCUSE FOR THEM -- I WANT APPLES TO APPLES AS CLOSE AS I CAN. IF THAT'S NOT THERE, THEN I CAN'T MAKE A FAIR ADJUSTMENT ON THAT.

BUT WHEN THIS GOES TO OUR COMMUNITY, WE NEED TO MAKE SURE WE ARE DOING EVERYTHING WE CAN TO MAKE SURE PEOPLE UNDERSTAND.

OR ELSE, WE END UP WITH MISINTERPRETATIONS.

THINGS THAT AREN'T TRUE OR PEOPLE MAKING COMMENTS ON THINGS THAT ARE JUST NOT FACTUALLY BASED ON WHAT WE ARE DEALING WITH. THAT'S WHERE I HAVE A CONCERN.

I WOULD TO MAKE SURE WE HAD THIS DISCUSSION AND THAT AQUALIA UNDERSTANDS. OUR COMMUNITY PARTNER UNDERSTANDS. THAT THIS IS ABOUT THE CITIZENS OF FORT PIERCE -- ALL OF THEM. FROM THAT ISLAND TO THE NORTHWEST SECTION TO THE SOUTH SECTION TO THE WEST SECTION.

BECAUSE WHOEVER YOU ARE AS AN FPUA RATEPAYER, YOU WILL BE AT SOME POINT LOOKING AT THIS. AND THESE ARE THE QUESTIONS AND

CONVERSATIONS WE NEED TO HAVE. >> COMMISSIONER GAINES.

>> REAL QUICK. JUST A FOLLOW-UP.

I HEAR THE COMMISSIONERS ARE SAYING I CAME ABOARD AND I JUMPED ON THE TRAIN LATE.

THE TRAIN WAS ALREADY AT THE STATION.

THE LAST THING I WANT TO DO IS STOP THIS TRAIN.

WE NEED TO MOVE THAT PLANT OFF THE ISLAND THE BEST WAY WE CAN.

I'M HEARING THAT WE HAVE SOME INFORMATION -- YOU KNOW, NUMBERS -- COMMISSIONER THOMAS PERONA.

I WASN'T PRESENT. I WASN'T ELECTED AT THE TIME WHEN THE PRESENTATION HAPPENED LAST YEAR IN JULY.

I DON'T KNOW IF NUMBERS WERE PRESENTED AT THAT TIME.

ALSO, I HAVE NO ANSWER IF WE EVER ASKED, OR IFANYBODY EVER ASKED AQUATICA TO PRODUCE THOSE NUMBERS? SO I JUST WANT TO SEE WHAT THE NUMBERS ARE .

DUE DILIGENCE. BECAUSE IF WE DON'T, AND THEN SOMEBODY PRESENT SOME NUMBERS AND THOSE NUMBERS ARE BETTER THAN WHAT WE VOTED ON, THEN WE ARE LOOKING LIKE WE HAVE EGG ON OUR FACE SO TO SPEAK. SO I DON'T WANT TO STOP THE TRAIN IF THE FPUA NUMBERS ARE THE BEST NUMBERS AND THAT'S THE WAY WE NEED TO GO? SO BE IT.

LET'S DO IT. BECAUSE WE ALL WANT TO SEE THAT WATER PLANT MOVED. BUT LET'S JUST MAKE SURE THAT WE HAVE THE MOST INFORMATION THAT THE FIVE OF US CAN LOOK AT. MAKE A DECISION AND SAY OKAY, THANK YOU FOR YOUR NUMBERS. THANK YOU FOR YOUR (INDISCERNIBLE) PARTICIPATE IN THIS VENTURE, BUT THIS IS WHERE WE ARE ABOUT TO GO. AND WE WILL HAVE A BETTER UNDERSTANDING. THAT WAY, I THINK WE WILL BE DOING OUR DUE DILIGENCE. EVERYBODY, EXCEPT FOR COMMISSIONER JOHNSON YET, HE HASN'T SPOKEN YET -- HAS USE THE WORD DUE DILIGENCE. LET'S DO IT WITHOUT STOPPING THIS TRAIN BECAUSE WE ALL WANT IT DONE.

AND TO COMMISSIONER PERONA, IF THOSE ARE THE NUMBERS, I CAN GET WITH THE CITY MANAGER AND SAY HEY, CAN WE HAVE THEM PRODUCE SOMETHING FOR US? I DON'T KNOW HOW THAT WORKS YET. HONOR OF THAT'S PROPER.

SO WE WILL HAVE INFORMATION TO SEE, LET'S GET IT.

AND LET'S MAKE THE BEST DECISION AND ADD MORE CHARCOAL TO THE TRAIN SO I CAN SPEED DOWN THE LINE TO GET THIS DONE.

>> COMMISSIONER J JOHNSON. >> AGREED, COMMISSIONER.ND I DID SPEAK EARLIER.

>> NO, NO. IT'S ALL RIGHT.

YOU ARE RIGHT ON TOPIC.

[01:55:03]

>> FPUA BOARD MEMBERS -- THERE ARE MEETINGS TO COME.

(INDISCERNIBLE) WERE DEALING WITH POLITICS. I'M GETTING TONGUE-TIED!WE ARE DEALING WITH POLITICS AND WHAT'S TO COME.

SO WE KNOW THE RATES, THE PROPOSED RATES.

WE KNOW WHAT WE ARE LOOKING AT. WE EVALUATE IT.

WE HAD A WORKSHOP TOGETHER. WE TALKED ABOUT WITH ONE ANOTHER. WE'VE HAD SOME IDEAS.

FOR AN AFTER BREAK DOWN THE NUMBERS.

AT THE END OF THE DAY, WE HAVE TO ANSWER TO THE CONSTITUENTS.

AND AFTER BREAK IT DOWN AND EVALUATE IT.

WE HAVE TO VOTE ON IT EVENTUALLY, BUT WE HAVE TO EXPLAIN IT TO THE COMMUNITY IN A CLEAR AND MATTER-OF-FACT MANNER THAT WE ARE MAKING A GOOD DECISION FOR THE FUTURE AND BENEFIT OF THIS COMMUNITY AS A WHOLE.

SO THAT'S WHERE I STAND.WE'RE GOING TO CONTINUE THIS MOMENTUM. AGAIN, THIS IS THE MOST MOMENTUM WE'VE HAD A MANY, MANY, MANY YEARS.

>> YES, AND WE HAVE OMITTED SAYING THAT WE ARE ALL WELL AWARE THAT THE STATE, AT SOME POINT, YOU HAVE TO MOVE IT.

SO IT'S MUCH BETTER TO MOVE IT ON OUR OWN TIME THAT YOU HAVE TO BE SCRAMBLING AND TOLD TO DO IT.

I WOULD LIKE TO JUST CALL YOUR ATTENTION TO THIS DECISION IS MORE THAN JUST NUMBERS. IT'S BEYOND NUMBERS.

ALTHOUGH, NUMBERS IS WHAT THE RATEPAYER IS GOING TO BE INTERESTED IN. BUT BEYOND THAT, IT'S WHO IS GOING TO BE IN CHARGE OF SOMETHING THAT IS VERY, VERY PRECIOUS TO THIS COMMUNITY, WHICH IS THE WATER AND WASTEWATER COMMITTEE WAS GOING TO BE IN CHARGE OF THAT? ONE QUESTION IS, IS IF THE FPUA CAN GET NONTAXABLE BONDS? THERE ARE A LOT OF THINGS WE DON'T KNOW ABOUT THE PRIVATE SECTOR. BUT TRADITIONALLY, WE ALL KNOW THAT THE PRIVATE SECTOR HAS BEEN ABLE TO DO THINGS IN SOME CASES MUCH QUICKER AND MUCH CHEAPER THAN THE NOT PRIVATE SECTOR -- GOVERNMENT. HOWEVER, WE HAVE A CHARTER.

WE HAVE A CITY CHARTER AND WE HAVE A FPUA CHARTER.

WE HAVE OUR OWN STAFF STOP AND THEY ARE ON A PLAN.

WHAT I WOULD LIKE TO SEE IS I WOULD LIKE TO SEE AHEAD TO HEAD PROS AND CONS -- THESE ARE THE PLUSES AND THESE ARE THE MINUSES. THAT'S NOT JUST MONEY.

THAT'S NOT JUST RATES. BEYOND THAT.

BECAUSE WE KNOW -- AQUALIA IS NOT DOING THIS JUST BECAUSE THEY'RE GOOD CITIZENS. AQUALIA HAS TO MAKE MONEY, RIGHT? WE DON'T EXPECT THEM TO --.

SO THE FPUA IS THEORETICALLY NOT TO MAKE MONEY BUT REINVEST IN THE COMMUNITY. SO THERE'S ALL KINDS OF PROS AND CONS THAT NEED TO BE DEVELOPED SO THAT THE FPUA BOARD CAN MAKE AN INFORMED DECISION AND SO WE CAN MAKE AN INFORMED DECISION. BECAUSE IT'S BEYOND JUST MONEY.

MR. MIMMS, I WOULD LIKE FREE TO CHIME IN HERE.

BECAUSE YOU ARE JUST DYING TO (LAUGHING)!

>> NO, THIS IS A GREAT CONVERSATION.

WE'VE GONE THROUGH THIS PROCESS, MADAME MAYOR, BUT I DO RECALL IS AT THE TAIL END OF THE PRESENTATION WHERE WE HAD THE JOINT MEETING, THERE WERE QUESTIONS.

THERE IS A REQUEST FOR INFORMATION THAT AQUALIA REQUESTED FROM FPUA. THE PREVIOUS ADMINISTRATOR AND DIRECTORS NO LONGER HERE. I HAVE NOT SEEN A RESPONSE FROM FPUA. I BELIEVE EVEN A PUBLIC RECORDS REQUEST WAS REQUESTED BY AQUALIA OF FPUA FOR THE INFORMATION. BECAUSE AQUALIA CANNOT DERIVE THE NUMBERS TO GIVE YOU THAT HAD TO HAD COMPARABLE WITHOUT THE INFORMATION FOR THEM TO MAKE THE NECESSARY CALCULATIONS. SO IF THAT IS WHAT YOU WANT, THEN WE, THE CITY COMMISSION, I BELIEVE THERE NEEDS TO BE SOME TYPE OF COMMUNICATION WITH THE FPUA BOARD.

TO HAVE THEM DIRECT THEIR STAFF TO WORK WITH AQUALIA AND PROVIDE THE INFORMATION THAT AQUALIA NEEDS.

>> QUESTIONS? COMMENTS?O AHEAD.

>> IS THAT SOMETHING THAT THE FPUA BOARD TALKED ABOUT? IS THAT SOME DIRECTION? OR IS THERE A CONVERSATION THAT

COULD HAPPEN FROM THAT LEVEL? >> I CAN'T REMEMBER -- AFTER THE JOINT MEETING, I HONESTLY DON'T REMEMBER.

>> I'VE SPOKEN TO A COUPLE BOARD MEMBERS.

NOT RECENTLY ABOUT IT. >> BUT MR. (NAME) AND MR. RUTHERFORD ARE IN THE AUDIENCE. THEY HAVE HEARD WHAT WE ARE

[02:00:08]

SAYING, WHICH IS WE WANT TO MAKE SURE THAT EVERYBODY OUT HERE WHO IS THE RATEPAYER KNOWS THAT WE INVESTIGATED EVERY ALTERNATIVE. ISN'T THAT WHAT WE ARE SAYING? AND THAT WE ARE GOING TO COME DOWN ON THE RIGHT SIDE OF WHAT WE THINK IS GOING TO BE BEST. WE KNOW THAT IT'S GOING TO INCREASE RATES AT SOME POINT FOR EVERYBODY.

IT IS. WATER AND WASTEWATER RATES.

IT'S GOING TO DO THAT. AND NOT EVERYBODY OUT THERE IN THE AUDIENCE IS JUST DYING TO PAY MORE TO HAVE THE WASTEWATER TREATMENT PLANT MOVED. SO THAT'S GOT TO BE SOMETHING THAT, AS PART OF OUR JOB TO EDUCATE PEOPLE, WHY IT'S

IMPORTANT AND HAS TO HAPPEN. >> PART OF THAT RATE STRUCTURE IS THE COLLECTION COMPONENT, WHICH REDUCES THE FLOW AND SENDS IT WEST. THERE'S A LOT OF INFRASTRUCTURE --.

INFRASTRUCTURE.

BE BUILT-IN. >> MADAME MAYOR, I WOULD THINK THE COMMISSION FOR HAVING A CONVERSATION, RIGHT? BECAUSE TONIGHT, WE HAVE A MORE INFORMED AUDIENCE TO BEGIN THE CONVERSATION. BECAUSE PRIOR TO US IN THIS SAME MEETING TONIGHT, INFORMATION WAS SHARED TO THE COMMUNITY THAT, IN MY OPINION, WAS CHALLENGING AND SOMETIMES WRONG AND SLIGHTED IN A DIFFERENT WAY.

I'M TRYING TO NOT REPEAT THAT PROCESS.

I WELCOME THE CONVERSATION. LIKE I SAID, THIS REPRESENTATION IS FOR OUR ENTIRE CITY OR PEOPLE WHO TAKE THE SERVICES OF FPUA WATER. I THINK WE HAVE TO DO OUR DUE DILIGENCE WITH THAT TO MAKE SURE IT'S COMMUNICATED AND UNDERSTOOD. THANK YOU FOR THIS.

I'M DONE AT THIS POINT AS FAR AS ANY QUESTIONS.

THERE IS NO VOTING ACTION, BUT THANK YOU FOR THIS

CONVERSATION. >> THANK YOU.

THANK YOU VERY MUCH FOR BEING HERE.

[14. COMMENTS FROM THE PUBLIC Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.]

>> AS I SAY BEFORE, WE'RE JUST TRYING TO HELP THE CITY.

SO IF THERE IS ANYTHING WE CAN DO, JUST LET ME KNOW.

THANK YOU. >> THANK YOU VERY MUCH.

>> NEXT ITEM ON THE AGENDA IS COMMENTS FROM THE PUBLIC.

>> I'VE A FEELING WE HAVE SOME PEOPLE WHO WERE GOING TO SPEAK ON THE ISSUE TONIGHT! NAME AND ADDRESS. YOU GET A THREE SECOND WARNING.

COME FORWARD, PLEASE. AND QUEUE UP, BECAUSE OF THIS IS GOING TO TAKE A LONG TIME, WOULD LIKE TO BE EFFIIENT.

WELCOME, SIR. >> MY NAME IS JOHN (NAME).

(INDISCERNIBLE). I REALLY APPRECIATE EVERYBODY COMING HERE TODAY. THANK YOU GUYS FOR LISTENING TO ME AND EVERYBODY. WE'RE LOOKING TO SEE IF WE CAN GET IT BROUGHT UP ABOUT THE ORDINANCE OF WHERE IT SAYS ACOUSTIC MUSIC -- ALL LIVE ENTERTAINMENT HAS TO BE ACOUSTIC ONLY OUTSIDE (INDISCERNIBLE).

I DON'T UNDERSTAND THAT. BECAUSE IF IT'S A NOISE ISSUE, THEN I THINK THAT SHOULD BE READ BY DECIBEL READING LIKE THE REST OF THE AREA. I LIVE ON 1207 SEAWAY, 1136 IS ON THE EDGE. SOME VERY FAMILIAR WITH BEING A NEIGHBOR OF SOME MUSIC. WE KEEP OUR STUFF PRETTY LOW IN GENERAL. I HAD A BUNCH OF STUFF TO SAY, BUT I STARTED LOOKING AROUND WHILE WE WERE TALKING.

AND YOU GUYS HAVE A PERFECTLY SET UP ACOUSTIC -- WAS OBVIOUSLY MADE FOR THIS, RIGHT? ACOUSTIC TILES.

I THINK THERE ARE 17 SPEAKERS SET AROUND WHERE EVERYBODY IS.

NOBODY'S TALKING, AND YET WE STRIVE TO USE MICROPHONES.