Feb 21, 2023 City Commission Regular Meeting

[1. CALL TO ORDER]

[00:00:08]

>> MAYOR LINDA HUDSON: I WOULD LIKE TO CALL THIS MEETING TO ORDER THIS IS THE CITY OF FORT PIERCE AGENDA THIS IS TUESDAY FEBRUARY 21, 2023. PLEASE STAND FOR THE OPENING PRAYER BY PASTOR PATRICK WALTER FROM PLEDGE CHURCH AND REMAIN STANDING FOR THE PLEDGE OF

ALLEGIANCE. >> THE BIBLE SAYS IN EZEKIEL 37:ONE AND HE BROUGHT ME BY THE SPIRIT OF THE LORD TO THE VALLE. AND IT WAS FULL OF BONES. AND HE LED ME BACK AND FORTH THROUGH THEM. AND HE SAID TO US, SHALL THESE BONES LIVE.

AND HE SAID NEXT, PROPHESY TO THE BONES. THAT THE DRY BONES WILL HEAR THE LORD WORK. FATHER, TODAY WE SPEAK TO THE DRY BONES HERE IN FORT PIERCE.

GOD, TO THE THINGS IN WHICH EVERYONE ELSE SEES NOT WORTHY. BUT GOD, WE CLAIM AND SAY THIS DAY THAT THERE ARE GOOD BONES IN THE CITY. AND FATHER, WE THANK YOU FOR EVERY PERSON IN EVERY HEART UNDER THE SOUND OF MY VOICE IN THIS ROOM.

THE GOD, WE WOULD SPEAK TO THE CITY AND SAY DRY BONES LIVE. AND GOD, WE THANK YOU FOR YOUR GRACE AND YOUR PROMISE. IN THE MOTIVE OF THE HEART THE MEN AND WOMEN YOU HAVE PLACED IN POSITION TO BRING CHANGE. TO BRING THE CHANGE IN THE CITY. GOD WE CLAIM IT RIGHT NOW.

AND LORD WE SPEAK THAT THE EYES OF OUR UNDERSTANDING MIGHT BE ENLIGHTENED.

AND YOU WOULD KNOW THE HOPE OF OUR GOAL AND OUR PURPOSE. AND THAT WE WOULD KNOW EVERYTHING WHICH YOU HAVE CALLED US TO LIVE OUT IN THE AUTHORITY OF JESUS CHRIST GIVEN.

FATHER WE COUNTED AN HONOR TO BE HERE TODAY. AND LORD WE WOULD SAY TO THE BONES IN FORT PIERCE THAT THEY WOULD LIVE. AND THAT THIS WOULD BE A CITY IN WHICH ALL OF THE WORLD WOULD SEE. AND SEE AS A LIGHT POST AND AN EXAMPLE. IN WHICH LIVES COULD BE LED. AND LIVES COULD LIVE.

WE THANK YOU IN JESUS NAME WE PRAY. AMEN.

! AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD,

INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL >> MAYOR LINDA HUDSON: CALL THE

FALL, PLEASE. >> MAYOR HUDSON? >> MAYOR LINDA HUDSON: PRESENT.

[5. APPROVAL OF MINUTES]

>> COMMISSIONER BRODERICK? >> PRESENT. >> COMMISSIONER GAINES?

>> PRESENT. >> COMMISSIONER JAY JOHNSON? >> YEAR.

>> COMMISSIONER C JOHNSON? >> HERE. >> WE HAVE THE MINUTES FROM THE

[a. Arbor Day Proclamation]

FAVORITE SIX MEETING. HAVE A MOTION AND A SECOND. >> COMMISSIONER BRODERICK?

>> YES. >> COMMISSIONER GAINES? >> YES.

>> COMMISSIONER JAY JOHNSON? >> YES. >> COMMISSIONER CURTIS JOHNSON?

>> YES. >> MAYOR HUDSON? >> YES.

>> NEXT WE HAVE THE ARBOR DAY PROCLAMATION. WHEREAS, IN 1872, J. STERLING MORTON PROPOSED TO THE NEBRASKA BOARD OF AGRICULTURE THAT A SPECIAL DAY BE SET ASIDE FOR THE PLANTING OF TREES; AND WHEREAS, THE HOLIDAY CALLED ARBOR DAY WAS FIRST OBSERVED BY THE THE PLANTING OF MORE THAN A MILLION TREES IN NEBRASKA AND IS NOW OBSERVED THROUGHOUT THE NATION AND WORLD; AND TREES CAN REDUCE THE EROSION OF OUR PRECIOUS TOPSOIL BY WIND AND WATER, CUT HEATING AND COOLING COSTS, MODERATE THE TEMPERATURE, CLEAN THE AIR, PRODUCE OXYGEN AND PROVIDE HABITAT FOR WILDLIFE; AND WHEREAS, TREES ARE A RENEWABLE RESOURCE GIVING US PAPER, WOOD FOR OUR HOMES, FUEL FOR OUR FIRES AND COUNTLESS OTHER WOOD PRODUCTS; AND PRODUCTS; ANDWHEREAS TREES IN OUR CITY INCREASE PROPERTY VALUES, ENHANCE THE ECONOMIC VITALITY OF BUSINESS AREAS, AND BEAUTIFY, OUR COMMUNITY; AND COMMUNITY; AND WHEREAS TREES, WHEREVER THEY ARE PLANTED, ARE A SOURCE OF JOY AND SPIRITUAL RENEWAL, AND WHEREAS, THE CITY OF FORT PIERCE WILL BE RECEIVING THE TREE CITY AWARD FOR THE 33RD CONSECUTIVE YEAR. NOW, THEREFORE, I, LINDA HUDSON, MAYOR OF THE CITY OF FORT PIERCE FLORIDA, DO HEREBY PROCLAIM MARCH 4, 2023, AS: ARBOR DAY IN THE CITY OF FORT PIERCE AND URGE ALL CITIZENS TO CELEBRATE ARBOR DAV AND TO SUPPORT EFFORTS TO PROTECT OUR TREES AND WOODLANDS; AND FURTHER URGE ALL CITIZENS TO PLANT TREES TO GLADDEN THE HEART AND PROMOTE

THE WELL-BEING OF THIS AND FUTURE GENERATIONS. >> MAYOR LINDA HUDSON:

CONGRATULATIONS. >> 34 YEARS, WOW! >> GO AHEAD.

[00:05:03]

>> THANK YOU VERY MUCH MAYOR, COMMISSIONERS. AS YOU SAID THIS IS THE 34TH FOR OUR ARBOR DAY CELEBRATION. WE ARE TREE CITY USA ONCE AGAIN HERE 34.

AS WE HAVE IN THE PAST, WE ARE GOING TO DO OUR ARBOR DAY ON WARREN AVENUE THIS YEAR STARTING ON FIFTH STREET GOING UP TO 13TH STREET. WE WILL BE REPLACING TREES, SHRUBS. WE WILL REDO THE POTS BUT LANDSCAPE IN THEM.

WE ARE EXCITED ABOUT IT. YOUR 34, AND OUR PRESIDENT OF THE TREE BOARD.

>> 34. [LAUGHTER] >> WE WOULD LIKE TO TALK ABOUT THAT DATE WE DO OUR GREAT AMERICAN CLEANUP THAT INCLUDES THE WHOLE COMMUNITY IN THIS PROJECT. AND MS. BROWARD WOULD LIKE TO SPEAK A LITTLE ON THIS EVENT.

>> GOOD EVENING CAITLYN BAUER THE STORY OF FORT PIERCE. IN CONJUNCTION WITH ARBOR DAY WE ARE HAVING OUR GREAT AMERICAN CLEANUP. IT IS A YEARLY EVENT AND WE ARE EXCITED TO HOST THIS EVENT. IT WILL BE SATURDAY MARCH 4TH. FROM 8 A.M TO 12:00 P.M.

WE WILL HAVE LUNCH FROM 12:00 P.M. TO 2:00 P.M. IT WILL BE AT FREE LUNCH SPONSORED BY FB L.A. WE ARE EXCITED TO SPONSOR US AGAIN. TWO MAJOR PROJECTS ONE IS CALLED DESCRIBE AND ARBOR DAY. FROM FIFTH TO 13TH AND THE OTHER PROJECT IS PAINTING AND DOING LANDSCAPING AT NORTHWEST PIONEER PARK. ALSO, VOLUNTEERS HAVE THE OPTION TO CHOOSE WHICH AREA THEY WOULD LIKE TO CLEAN UP AS PART OF THE CLEANUP IF THEY WANTED TO HONE IN ON SPECIFIC AREA. CURRENTLY WE HAVE 154 VOLUNTEERS SIGNED UP.

AND WE WILL GET WARM SHORTS. HOPE TO SEE YOU ALL THERE WE ARE VERY EXCITED ABOUT IT.

IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE. YES WE HAVE FLYERS IN FRONT OF YOU. IF YOU HAVE ANY QUESTIONS MY CONTACT YOU PROBABLY ALL HAVE MY CONTACT INFORMATION JUST LET ME KNOW. AND WE ARE EXCITED ABOUT ARBOR

DAY. >> AND THERE IS AN ARBOR DAY? >> THE ARBOR DAY ON ORANGE AVENUE. BETWEEN FIFTH AND SIXTH. MAYBE SEVEN.

WE ARE STILL HONING IN ON THAT AREA. BUT PAUL AND HIS CREW WILL BE OUT THERE IN THE ARBOR DAY CEREMONY WILL BE AT 10 A.M WE LOOK FORWARD

>> IT IS A GREAT EVENT THANK YOU VERY MUCH. THANK YOU MS. WALKER.

FOR ALL YOUR YEARS ON THE TREE BOARD. THANK YOU.

I SAID ALL. 23, WELL. WE APPRECIATE YOU.

[8. ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA]

>> NEXT WE HAVE ADDITIONAL DELETIONS TO THE AGENDA AND APPROVAL OF THE AGENDA.

>> ANY CHANGES FROM THE COMMISSION? >> THAT IS NOT ONE

>> WE HAVE ONE ITEM ITEM 12 A IS BEING BALL THAT STAFF REQUEST. THEY DID NOT FRONT SO THIS WAS

UNABLE TO MOVE FORWARD TONIGHT IT WILL BE THE NEXT MEETING. >> MAYOR LINDA HUDSON: ANY OTHER

CHANGES? IF NOT I WILL ENTERTAIN A MOTION. >> MAYOR I MOVE WE ACCEPT.

>> CALL THE ROLL >> COMMISSIONER BRODERICK? >> YES

[a. Presentation of Sunrise Center 4th floor lease update by Colliers International]

>> COMMISSIONER GAINES? >> YES. >> COMMISSIONER JAY JOHNSON?

>> YES. >> COMMISSIONER CURTIS JOHNSON? >> YES.

>> MAYOR HUDSON? >> YES. >> NOW WE HAVE THE SUNRISE

CENTER UPDATE BY COLLIERS INTERNATIONAL. >> MADAM MAYOR IN THE CITY COMMISSION HEAR FROM COLLIERS INTERNATIONAL HE IS FOLLOWING UP ON A DISCUSSION WE HAD.

THIS IS FOR OUR CONTINUED NEGOTIATIONS WITH GSA/ATF UTILIZATION THE SUNRISE CENTER.

AND I NO WE PUT IT ON AS BACKUP DOCUMENTATION WE MAY BE ABLE TO PULL IT UP THAT WAY.

ON THE AGENDA. WE WILL GET THIS LOADED. >> MAYOR LINDA HUDSON: IT IS ITEM 10A, KEVIN.

>> AND THE ARROW. CAN WE ZOOM IN? THAT WILL WORK. GOOD EVENING MADAM MAYOR,

[00:10:05]

SUMMER BETWEEN 5350800 OF USABLE SQUARE FEET. THE LEAST THEY ARE PROPOSING IS 15 YEARS. 13 OF WHICH ARE GUARANTEED. THAT IS AN IMPORTANT NUMBER IS A GO THROUGH SOME OF THE FINANCIAL CONSIDERATIONS. EVERYTHING WILL BE BASED ON THE AMOUNT THAT IS EFFECTIVELY GUARANTEED. THEY 13 YEARS AS PART OF GUARANTEE. ISSUE I KNOW WE DISCUSSED LAST TIME.

21 RESOLVED PARKING SPACES. BUT WE WILL GET TO THAT IN A MINUTE.

AGAIN THIS IS FOR THE BUREAU OF TOBACCO, ALCOHOL AND FIREARMS USED FOR GENERAL OFFICE SPACE.

AND FROM TIME TO TIME THEY MIGHT BRING SOMEBODY IN BRIDGES SOME QUESTION.

BUT IT IS NOT A HOLDING FACILITY. IT IS USED FOR GENERAL ADMINISTRATIVE ACCESS. SO, IN CONTEXT I THINK I MENTIONED TO YOU AT OUR CONFERENCE MEETING THE ROLE GOVERNMENT STRUCTURES ALL THEIR LEASES.

THE LANDLORD, THE OWNERS, THE BUILDING OWNERS ARE RESPONSIBLE FOR THE COMPLETE BUILDUP OF THEIR SPACE FOR WHICH THEY BUILT THAT INTO RENT. AND WHEN WE LOOK AT THE FINANCIAL CONSIDERATIONS FOR THE GOVERNMENT. WE ARE COMPARING IT TO WHAT WE ARE CALLING A PRIVATE MARKET DEAL. FOR INSTANCE, IF OUR LAW FIRM OR BANK WAS LOOKING AT RENTING THAT FOURTH FLOOR SPACE. WHAT WE HAVE PUT HERE FOR YOUR CONSIDERATION IS ARGUABLY THE TOP OF THE MARKET RATE. SO A 25 D$25 TRIPLE NET RATE.

THAT WOULD BE ESCALATED EVERY YEAR AT THREE PERCENT. GENERALLY A TENANT WOULD EXPECT FOR A LONG-TERM LEASE A PERIOD OF FREE RENT FOR WHICH THEY DO THEIR BUILDUP.

WE ESTIMATED SIX MONTHS FREE RENT. AND BECAUSE THE SPACE IS COMPLETELY RAW. ANY LANDLORD WOULD BE EXPECTED TO PROVIDE SO WE PROVIDED A 50 DOLLARS TENANT IMPROVEMENT ALLOWANCE AND A TENANT A LAW FIRM A BIG WOULD BE REPRESENTED BY A BROKER. THERE WOULD BE A STANDARD SEVEN PERCENT COMMISSION RATE.

UNDER THOSE TERMS 13 YEAR COMMITMENT. THE CITY WOULD NET APPROXIMATELY 1.9 M$1.9 MILLION. AFTER YOUR FRIEND, AFTER PAYING ALL YOUR EXPENSES.

FREE RENT, ETCETERA THE NET TO THE CITY WOULD BE 1.9 MILLION. KEEP THAT IN MIND.

I WILL NOW GIVE YOU AN OVERVIEW OF THE GSA REQUIREMENT. AS I MENTIONED BEFORE ALL OF THE EXPENSES TO BUILD OUT THEIR SPACE ARE ON THE LANDLORD, SORT OF LEDGER.

THAT ARE BUILT BACK INTO THE RENT. STARTING WITH $51.09.

THAT IS A STANDARD GSA NUMBER THAT IS IN EVERY ONE OF THEIR LEASES.

THE BUILDING SPECIFIC AMORTIZED ALLOWANCE OF $10.91. THAT IS YOUR STANDARD IN ANY LEASE THE GSA DOES. THAT IS A NUMBER THEY REQUIRE. WE HAVE ESTIMATED THE NEXT TWO.

AS WHAT IT WOULD TAKE TO GET THE SPACE BUILT. $75 A SQUARE FOOT.

WERE ROUGHLY $483,000. OVER THE 51 D$51 THAT IS BUILT THE RENT.

AND AN ADDITIONAL $60 TO AGAIN COMPLETE THE SPACE. LIGHTING, CEILING TYRELL'S.

SO THE TOTAL BUILDOUT IS ROUGHLY $200 A SQUARE FOOT. WE FEEL VERY COMFORTABLE THAT

[00:15:05]

THAT COMES OUT TO ROUGHLY $1.3 MILLION. THE GSA OBVIOUSLY REPRESENTED BY A BROKER. WHEN ALL IS SAID AND DONE THE CITY SHOULD BE PREPARED TO OUTLAY UPWARDS OF ROUGHLY $1.5 MILLION. OVER THE NEXT YEAR OR SO AS THE SPACE IS BEING BILLED OUT. JUST KEEP THESE NUMBERS IN MIND AS WE GO THROUGH IT.

THE NEXT SLIDE TALKS ABOUT WHAT THE CITY WILL BE RECEIVING OVER THAT 13 YEAR PERIOD.

TOTAL RENT RECEIPT. THE RENT, AS YOU CAN SEE ON THE BOTTOM THE ANNUAL RENT IS 300 ROUGHLY $15 A YEAR. AGAIN JUST BY PUTTING CONTEXT. IF A TENANT LEASES THAT SPACE $25 A SQUARE FOOT TOP OF THE MARKET. THE RENT WOULD BE A PROXIMALLY 160,000. SO THE 315 INCORPORATES ALL OF THE ADDITIONAL BUILDING COSTS AND THAT RENT. SO THE TOTAL RENT THAT THE CITY WOULD RECEIVE OVER THE 13 YEARS.

4.1 MILLI$4.1 MILLION. THE DIRECT REIMBURSEMENT FROM THE CITY - FROM THE GSA TO THE CITY IS $75 A SQUARE FOOT THAT I MENTIONED BEFORE IN MY PREVIOUS SLIDE.

ROUGHLY 483,000 WOULD BE PAID TO THE CITY UP FRONT OF THE SPACE IS BEING COMPLETED.

SO TOTAL COLLECTED BY THE CITY OVER THE 13 YEARS. 4.1 + THE 483 IS ROUGHLY $4.6 MILLION. TOTAL EXPENSES AGAIN OVER THAT SAME PERIOD OF TIME.

WOULD BE APPROXIMATELY 2.6 MILLION. THE NET INCOME TO THE CITY OVER THOSE 13 YEARS IS APPROXIMATELY 2.9 MILLION. 'S IS TWO BUT APPROXIMATELY 2.1 MILLION. AGAIN FOR COMPARATIVE PURPOSES. THE HIGHEST MARKET RENT WE COULD PROBABLY EVER ACHIEVE AT $25 A SQUARE FOOT WITH NET THE CITY 1.1 MILLION.

THE FINANCIAL STRUCTURE UNDER THE GOVERNMENT LEASE WOULD NET THE CITY APPROXIMATELY 2.1 MILLION OVER THE SAME PERIOD OF TIME. AS I MENTIONED BEFORE.

ALL OF THE EXPENSES ARE INCLUDED IN THE RENT. WITH THE 500,000 ROUGHLY $75 A SQUARE FOOT WOULD BE PAID UPON COMPLETION. WE ALSO THERE IS A COMMENT ABOUT THE RESERVED PARKING SPACES. YOU WILL NOTICE INCLUDED IN THE ANNUAL 315,000 RENT IS A PARKING ALLOWANCE. FOR THE 21 RESERVED SPACES YOU HAVE $50 PER MONTH PER SPACE.

AND THAT IS AGAIN INCLUDED IN THE RENT. OVER THE LEASE.

TERM. SO THAT IS THE BASIC FINANCIAL PARAMETERS OF THE DEAL.

THE CITY, AGAIN, MAXIMUM CAPITAL OUTLAY WOULD BE APPROXIMATELY 1.5 MILLION TO GET THE SPACE BUILT OUT. THE FEDERAL GOVERNMENT IS GUARANTEEING 13 YEARS OF RENT.

AND AFTER ALL OF YOUR EXPENSES AFTER THE CAPITAL OUTLAY THE NET INCOME TO THE CITY OVER THOSE 13 YEARS WOULD BE APPROXIMATELY 2.1 MILLION. AND IF YOU WERE TO DECIDE TO MOVE FORWARD. WE ARE BASICALLY AT THE FINISH LINE WITH THE GSA.

THE NEXT STEPS WOULD BE FOR THE FEDERAL GOVERNMENT. TO ISSUE THEIR STANDARD LEASE WHICH MR MIMS . AND THE CITY ATTORNEY HAVE LOOKED AT. THESE INITIAL TERMS WOULD BE INCORPORATED INTO THAT LEASE. AND EFFECTIVELY THE DEAL WOULD BE VITALIZED UPON YOUR SIGNATURE. SETBACK TO THE GOVERNMENT FOR THEIR SIGNATURE.

AND THAT THE WORK WOULD BEGIN ON BUILDING OUT THE SPACE. THAT IS MY OVERVIEW.

AGAIN TO COMMISSIONER BRODERICK I THINK THE BEST TIME YOU WERE QUESTIONING.

THE WAY THE GOVERNMENT LEASES ARE STRUCTURED WITH THE FLAT FIXED RENT.

THE EQUIVALENT THAT IS ESCALATED 3 PETHREE PERCENT EVERY YEAR. IS INCORPORATED INTO THE FLAT NEXT RENT THAT WE HAVE NEGOTIATED WITH THE GOVERNMENT. AND AGAIN OVERALL NET INCOME TO THE CITY IS SIGNIFICANTLY BETTER UNDER THE STRUCTURE THAN UNDER WHAT WE WOULD CALL A PRIVATE

MARKET DEAL. HAPPY TO ANSWER ANY QUESTIONS. >> MAYOR LINDA HUDSON:

[00:20:05]

COMMISSIONER BRODERICK? >> MICHAEL BRODERICK: OKAY, THANK YOU FOR THE PRESENTATION IT IS VERY DETAIL. THERE ARE A LOT OF MOVING PARTS TO THIS AS YOU ARE WELL AWARE.

SEVERAL QUESTIONS PERTAINING TO THE AGGREGATE RENT WHEN COMPARING IT TO 24 D$24 TO TRIP NET LEASE. OR CITY GOVERNMENTAL BUILDINGS ARE NOT TRUE TRIPLE NET.

WE ARE NOT PAYING REAL ESTATE TAXES AND THINGS OF THAT NATURE. COMPONENTS OF TRIPLE NET INSURANCE COMMON AREA. THAT IS WHAT THE DEFINITION. SO THIS IS SOMEWHAT OF A MORPHED TRANSACTION BECAUSE THE CITY LANDLORD. I WILL FOCUS ON TWO PARTICULAR ISSUES. ONE IS WHEN WE MET PREVIOUSLY THERE WAS NO BASE RENT.

THAT HAS CHANGED FROM A FLAT BASED RENT. INCREASE IN OVERALL GROSS RENT.

>> THE RENT FOR 13 YEARS WITH THE GOVERNMENT IS A FLAT RENT. BUT IT IS BASED ON $25 PER SQUARE FOOT. ESCALATED RENT SO WE TOOK THAT RENTAL STREAM AND EVENED IT OUT

OVER THE 13 YEARS. >> OKAY I AM AT SOMEWHAT OF A LOSS.

THERE IS NOT A TRUE THREE PERCENT INCREASE ANNUALLY? >> EQUIVALENT THERE IS.

>> MICHAEL BRODERICK: WHAT IS THE EQUIVALENT? >> WE ARE 25.

THEN 26 AND 27 AND 28. WHAT YOU HAVE A STANDARDIZED BUILT-IN FOR THE TERM?

>> YES. >> MICHAEL BRODERICK: THAT SATISFIES THAT PARTICULAR QUESTION. ON THE OPERATIONAL COST YOU ARE CALCULATING APPROXIMATELY $10 PER SQUARE FOOT? YEAR PASS EXPENSES OR THE CITY IS OBSERVING WHAT IS THE COMPONENTS OF THOSE? DO WE HAVE THAT SPECIFICALLY DETAILED IN THE LEASE? CAN YOU GIVE ME AN

OVERVIEW? >> GENERALLY IT IS JANITORIAL AND IT IS BASIC CLEANING THE BATHROOMS. AND, YOU KNOW, TYPICAL OFFICE CLEANING.

YOUR INSURANCE, THERE IS NO REAL SECURITY YOU WOULD HAVE IN A NORMAL OFFICE BUILDING.

LOBBIES, ETCETERA IT IS A LOWER NUMBER THE WHAT I WOULD CONSIDER A TRADITIONAL BUILDING. BUT DOES COVER JANITORIAL. GENERAL MAINTENANCE, CLEANING,

ETCETERA >> MICHAEL BRODERICK: SO USO IS RESPONSIBLE FOR THE INTERIOR MAINTENANCE? THIS IS A LOT OF DIFFERENT THAN A TRADITIONAL COMMERCIAL.

SO IT IS GOOD TO CLARIFY. A $10 PER SQUARE FOOT FACTOR THERE.

NEW NO LABOR COST OF GOT A. >> THREE PERCENT PER YEAR. WERE WE TO OPERATE OUR PROPERTY

ANYWHERE LIKE WE DID TWO YEARS AGO. >> THREE PERCENT PER YEAR.

>> MICHAEL BRODERICK: SO FULLY UNDERFUNDED. >> I GET IT.

AND THREE POINTS DURING THE TERM OF THE LEASE. SIX, TEN AND 12 WE ADDED SOME ADDITIONAL. JUST, YOU KNOW, DOLLARS. $20 ROUGHLY $50,000.

OF JUST MISCELLANEOUS EXPENSES OVER AND ABOVE THE THREE PERCENT ESCALATION.

JUST FOR? >> MICHAEL BRODERICK: WE ARE NICE LANDLORDS?

>> THINGS HAPPEN LIGHTS BREAK OR SOMETHING HAPPENS. >> AND MINOR RETROFIT.

THAT THE CITY IS INCURRING THAT COST? >> WE BUDGETED FOR IT BUT THE GSA IS PAYING FOR IT WHETHER YOU INCUR IT OR NOT. QUICK THE GSA IS REIMBURSING THE CITY. A LIGHT BULB BURNED OUT THERE RESPONSIBLE FOR THAT.

YOU NAME IT WITHIN THAT SPACE WE ARE RESPONSIBLE EXCEPT THE TRADE FIXTURES.

THAT IS A PRECISE DESCRIPTION? >> YES. >> MICHAEL BRODERICK: OPERATIONAL COSTS ARE A CONCERNED WITH ME WITH AN ESCALATION MOVING FORWARD OF THREE PERCENT. HOWEVER THAT IS A WHOLESALE ANOTHER DISCUSSION.

LET'S TALK ABOUT BUILDUP. THE BUILDUP SCHEDULES ARE DEVELOPED BY WHO? WHO IS PUTTING

THE SPECS TOGETHER FOR THE INTERIOR BUILDOUT? >> THE GOVERNMENT HAS THEIR SPECS. QUICK THAT IS DEFINED, DEFINED AND ALL-INCLUSIVE NOT SUBJECT TO

CHANGE? >> YES. >> MICHAEL BRODERICK: WE DO NOT HAVE AT OUR DISPOSAL A TWO TELL US SPECIFICALLY WHAT THE COST WILL BE.

WE ARE USING AN INDUSTRY STANDARD? >> AGAIN WE HAVE A $200 PER SQUARE FOOT ALLOWANCE IF YOU WILL FOR THAT BUILDUP. ART INDUSTRY STANDARD IS SOMEWHERE SIGNIFICANTLY LESS THAN THAT. BUT YES.

[00:25:02]

>> MICHAEL BRODERICK: THE NUMBER IS SIGNIFICANTLY MORE THAN THE LAST TIME WE DISCUSSED THIS?

>> WE HAVE ADDED ENOUGH CUSHION IN THEIR TO GIVE US LEEWAY TO MAKE SURE.

>> MICHAEL BRODERICK: IN YOUR FINANCIAL ANALYSIS I HAVE REVIEWED IT TO MAKE SURE I AM UNDERSTANDING IT CORRECTLY. YOUR FINANCIAL ANALYSIS IS INDICATING THE GROSS OVERALL CASH FLOW FOR THE DURATION CALCULATED IN THE THREE PERCENT ESCALATION THROUGHOUT THE TERMINAL IS CORRECT? SECONDARILY WOMEN BACKING UP THE COST OF THE PROJECTED BUILDUP THAT IS COMING OUT OF THE GROSS AGGREGATE GIVING US THE NET NUMBER. IN THEORY THE CITY IS GENERATING. SO THE TWO VARIABLES HERE WE REALLY CANNOT CONFIRM OUR OVERALL OPERATIONAL COST OVER A TURN OF 13 TO 15 YEARS THAT IS A VARIABLE.

WE ALSO DO NOT HAVE A FIXED NUMBER AS FAR AS BUILDOUT COSTS BECAUSE THIS IS NOT BEEN DRAWN

UP AND ESTIMATED? THOSE ARE TWO VARIABLES >> CORRECT

>> ALL THE OTHER NUMBERS ARE PLUGGED INTO THE HOLES? >> YES.

>> MICHAEL BRODERICK: I AM DONE. >> MAYOR LINDA HUDSON: YES COMMISSIONER JAY JOHNSON?

>> JEREMIAH JOHNSON: REALLY QUICK IF I COULD THE IMPROVEMENT ALLOWANCE AND $51 IS CLEAR, VERY AVAILABLE. SO TO GET TO 200 YOU ADDED THE ADDITIONAL 75 WHICH IS THE ALLOWANCE PACKET. AND THAT HAS BEEN DISCUSSED WITH THE GROUP.

AND I UNDERSTAND THAT IS WITHIN THE INDUSTRY? >> YES.

>> I UNDERSTAND THE BUILDUP COSTS WERE INFLATED AT THIS POINT.

SO THEY NO IT IS A REAL THING. >> THESE NUMBERS ARE ALREADY WITH THE GSA.

>> THE OTHER ELEMENTS I SAW WERE THE ARCHITECT THAT DID THE DESIGN BUILD FIRM.

THE WHOLE PACKAGE. >> JEREMIAH JOHNSON: INCLUDED IN RESPONSIBILITY OF THE CITY OF

FORT PIERCE. >> YES. >> JEREMIAH JOHNSON: WHAT IS THEIR INPUT ON THAT? ARE THEY GOING TO MANDATE THEY HAVE A SPECIFIC ENGINEER? BECAUSE THEY

HAVE AN ARCHITECT? >> IF YOU HAD STAFF DO IT YOURSELF IT IS YOUR PREROGATIVE.

AGAIN THE VERY SPECIFIC OF WHAT HAS TO BE BUILDOUT, HOW YOU BUILD IT OUT IS UP TO YOU.

WE, AGAIN, OUT OF SAFETY AND OUT OF COMFORT LEVEL OF BAKED IN AN ARCHITECT AND ENGINEER INTO THE COST THAT ARE REIMBURSED. BUT IF YOU CHOOSE NOT TO USE IT OBVIOUSLY, THAT IS YOUR.

>> SOME PARTS OF THE FEDERAL GOVERNMENT REQUIRE ARCHITECT A, B, C BECAUSE THEY ON THE

MANUAL. >> THIS IS GENERAL OFFICE SPACE IT IS UP TO YOU.

>> JEREMIAH JOHNSON: I APPRECIATE THE NUMBERS AND THANK YOU.

WHAT AM I GOING TO CALL IT? THIS SPACE HAS BEEN SITTING HERE FOR A LONG TIME WAITING FOR A TENANT. THIS IS AN OPPORTUNITY TO AGGRESSIVELY PURSUE WHICH WE ARE DOING. SOMEONE TO OCCUPY THE SPACE. WE HAVE MOVE FORWARD WITH THE GUARDIAN AD LITEM GROUP. AND OTHER THAT IS ENTERPRISE TYPE FUNDING.

SEPARATE AND APART FROM THE GENERAL PUBLIC. I APPRECIATE THE NUMBERS AND

THANK YOU. >> CLERK: MADAM MAYOR? >> MAYOR LINDA HUDSON: THANK

YOU, CURTIS JOHNSON? >> CURTIS JOHNSON, JR.: THANK YOU FOR BRINGING INFORMATION BACK. I WILL START WITH THE QUESTION I ASKED LAST TIME SPECIFICALLY ABOUT KIRKWOOD GREAT. IT SOUNDS LIKE PRESERVING SPOTS IT WOULD REQUIRE.

MY CONCERN THERE WAS WOULD THERE BE AN ADDITIONAL REQUIREMENT WITH THAT PART? I DID NOT WANT TO REQUIRE THAT PARKING SPACE OF THIS 21 BE IN A PARTICULAR SECURE AREA.

THAT WOULD CAUSE US TO INCUR EXPENSE TO MECHANIZE SOME TYPE OF SECURITY APPARATUS.

SO THEY DON'T HAVE ACCESS. I WANT TO MAKE SURE THAT IS NOT IN HERE.

WITH A SIGN THAT SAYS RESERVE. >> GENERALLY SPEAKING GENERALLY THERE WOULD BE IN A SPECIFIC

AREA. OUT THE GARAGE. >> CURTIS JOHNSON, JR.: THAT IS MY EXPECTATION, THAT IS FINE. I WAS GOING UP WHAT I THOUGHT I HEARD.

AND CLARIFY WE DON'T COME BACK AND SAY BY THE WAY WE WANT GATED ARMS APPEAR.

AND WE WANT BADGE ACCESS FOR THE 21 PARKING SPACES. VERY WELL, SO I AM CLEAR.

THE SECOND THINK JUST TO MAKE SURE I HAVE GOT THIS RIGHT. WE WILL INCUR THE BUILDOUT OF THIS. ROUGHLY AT ABOUT 1.5 TO BUILD THE SOUTH.

SO BASICALLY FIVE YEARS TO RECOUP THAT OFF OF WHAT THEY ARE PAYING IN RENT.

BASICALLY FIVE YEARS OR SO. ABOUT 300 THE THOUSAND A YEAR. AND THAT THE OTHER PART

>> IN FAIRNESS. >> CURTIS JOHNSON, JR.: I LIKE BEING SIMPLE.

[00:30:03]

>> 500. >> CURTIS JOHNSON, JR.: 500 EFFECTIVELY PAID UPFRONT.

>> CURTIS JOHNSON, JR.: GOT IT, YOU ARE RIGHT. I MISSED THE 500.

AND THE OTHER PART MY COLLEAGUE HAD A LOT OF CONCERNS ABOUT THE POPULATING BUILT IN PART.

AND IT SOUNDED TO ME IN THE 12TH YEAR OF THIS 13 YEAR CONTRACT SOMETHING BUILT-IN SOME TYPE OF KICKER THAT WOULD RECOGNIZE IT THINKS BREAK. AND AS A PART OF THAT THAT KIND OF REPLACEMENT. THE CARPETING. THAT IS BUILT IN AT THREE

PERCENT? >> THE REGULAR OPERATING EXPENSES ARE ESCALATING AT THREE PERCENT A YEAR. LIKE I SAID, IT IS ROUGHLY 50, 60,000.

IT IS BUILT IN OVER A STAGGERED PERIOD OF TIME. OVER AND ABOVE THE ANNUAL THREE

PERCENT ESCALATION. >> GOT IT, I AM CLEAR. THANK YOU.

>> MAYOR LINDA HUDSON: COMMISSIONER GAINES? >> ARNOLD S. GAINES: REAL QUICK I WANT TO FOLLOW UP ON SOMETHING COMMISSIONER JEREMIAH JOHNSON SAID.

THAT AS FAR AS THE ARCHITECT AND THE MANAGER AND THE CONSTRUCTION COMPANY.

WHO, THE CONTRACTOR THEY WILL BUILD OUT. THE GOVERNMENT WILL NOT DICTATE TO YOU THAT IS. SO IF WE HAVE A LOCAL COMPANY THAT WANTS TO BUILD THIS OUT.

AND THEY, YOU KNOW, GO THROUGH WHATEVER BACKGROUND CHECKS THIS IS AN OPPORTUNITY FOR LOCAL

COMPANY TO COME BUILD THIS OUT? >> CORRECT. >> IS THAT THE SAME WITH THE

JANITORIAL SERVICES THAT MIGHT BE NEEDED? >> IT IS YOUR BUILDING YOU

MANAGE IT THE WAY YOU SEE FIT. >> AS I SEE FIT THIS IS AN OPPORTUNITY FOR A LOCAL CONTRACTOR OR LOCAL BUSINESS OWNER HERE WHO HAS A JANITORIAL BUSINESS TO COME IN AND SAY HEY,

THIS IS AN OPPORTUNITY TO PUT TOGETHER SOMETHING. >> I DON'T KNOW IF YOU ARE

PLANNING. >> JEREMIAH JOHNSON: THAT IS WAT I ASKED.

>> MAYOR LINDA HUDSON: YES. >> COMMISSIONER GAINS YES ABSOLUTELY WE CAN WORK WITH OUR LOCAL VENDOR MICHAEL WILLIAMS. NOT ONLY THE CONSTRUCTION ADMINISTRATOR BUT ALSO THE OPERATIONS ADMINISTRATOR. HE WILL HANDLE ALL CONTRACTUAL RELATIONS WITH REGARDS TO THIS

FACILITY. >> ARNOLD S. GAINES: I JUST WANT - IF WE ARE GOING TO DO THIS.

AND WE WILL BE LOOKING FOR A TENANT. IT IS A GREAT OPPORTUNITY TO PROVIDE SOME TYPE OF JOB. SOME WORK FOR RESIDENTS IN THE AREA.

TO WORK WITH THE CITY OF FORT PIERCE TO BUILD THE SOUTH. I JUST WANT TO BE CLEAR IF WE DO THIS WILL NOT GET A PIECE OF PAPER FROM THE GOVERNMENT SAYING TAKE ABC.

SO I AM GOOD. >> I AM FROM THE GOVERNMENT I AM HERE TO HELP.

[LAUGHTER] I HAVE A COUPLE OF QUESTIONS. FOR THE SECURITY REQUIREMENTS.

ARE THEY BUILT INTO THE PRICE? DO WE HAVE SPECIAL SECURITY THEY WILL NEED FOR OFFICES?

>> JUST OTHER THAN THE STANDARD. >> I THINK OF IT AS A SPECIAL UNIT OF THE GOVERNMENT THAT

MIGHT NEED MORE. >> THEY DON'T NEED? >> THE EXOTIC.

>> THE 21 PARKING SPACES DOES THAT INCLUDE PEOPLE WHO WORK THERE? GINA THE 21 IS FOR THE

WORKFORCE? >> I DON'T KNOW >> AGAIN THAT IS THE MAXIMUM

NUMBER HOW THEY CHOOSE TO USE IT OF THE ALLOCATED FOR VISITORS. >> I UNDERSTAND THERE IS

PROBABLY A STANDARD LEASE THAT ONE HAS THE GOVERNMENT. >> THEY ARE STANDARD.

>> MAYOR LINDA HUDSON: RIGHT. THAT WE HAVE. I DON'T KNOW HOW MUCH THEY CAN VARY FROM THAT. IT STRIKES ME THERE IS PROBABLY NOT A WHOLE LOT OF NEGOTIATING

WITH THE FEDERAL GOVERNMENT. >> TO A DEGREE WE HAVE DONE ENOUGH OF THESE WERE WE HAVE MODIFIED IT TO A FAIR DEGREE. AGAIN, WE ARE ONLY ABLE TO DO SO MUCH.

>> MAYOR LINDA HUDSON: I HAVE NOT SEEN THE TEMPLE BUT OUR STAFF HAS.

I ASSUME THERE ARE NO DEAL BREAKERS ARE IMPOSSIBLE THINGS. IF NOT TALK THAT WAY YET?

[00:35:06]

>> FROM STAFF PERSPECTIVE I HAVE NOT HEARD THAT. >> MAYOR LINDA HUDSON: RIGHT, GREAT. AND SO AFTER TONIGHT WHAT IS THE NEXT STEP? MAYBE I DON'T ASK YOU

MAYBE I ASKED MR NIMS, . NO I WILL ASK YOU. >> IT WOULD EFFECTIVELY CHOOSE TO MOVE FORWARD. THEY WOULD ISSUE THE LEASE WE HAVE.

POPULATED WITH THE NUMBERS THAT WE HAVE DISCUSSED. THEN IT IS IN YOUR COURT.

! IT HAS TO COME BACK TO US? >> YES.

>> YOU EXECUTE THE BUILDOUT STARTS. >> MAYOR LINDA HUDSON: RIGHT.

THEY BUILD OUT CAN START ONCE WE HAVE AN AGREEMENT, RIGHT? WE JUST MOVE FORWARD IF WE HAVE AN

AGREEMENT? OKAY. ANYTHING ELSE, GENTLEMEN? >> ONE FOLLOW-UP QUESTION.

I HAD HEARD IN DISCUSSIONS. I HAVE NOT HAD THE ADVANTAGE OF REVIEWING THE LEASE DOCUMENT.

THERE WAS SOME TYPE OF PROVISION 24 HOURS A DAY MANAGEMENT OF THEIR SPACE.

WITH THAT AND UNDERPINNING OF THE LEASE, NICK? >> WE DO NOT PLAN TO DO THAT.

>> MAYOR LINDA HUDSON: IS HE GOING TO SLEEP? >> WAS IT SOMETHING IN THE

TEMPLATE THAT PICKED UP ON THAT? >> MADAM MAYOR A FULL-TIME PERSON ASSIGNED FOR MANAGEMENT.

I DON'T KNOW WHAT YOUR DISCUSSIONS HAVE BEEN WITH THE GOVERNMENT.

>> COMMISSIONER BRODERICK IF THERE IS AN ISSUE WITH THE FACILITY THERE WILL BE A CONTACT

NUMBER IN WHICH THEY CAN CALL. WE WILL RESPOND ACCORDINGLY. >> BECAUSE THEY ARE NOT

ALLOCATING A 24 HOUR A DAY SEVEN DAYS A WEEK DEDICATED? >> ABSOLUTELY NOT.

QUICK THAT IS IN THE LEASE AGREEMENT THAT IS A NONSTARTER. >> THIS IS LIKE ANY OTHER PLACE.

THERE IS ALWAYS A CONTACT NUMBER TO CALL IN CASE OF AN EMERGENCY. >> IT OUT WHAT SOMEBODY MILLING

AROUND THE PARKING LOT. >> ARE DIRECTING TO PARKING SPACES.

>> MAYOR LINDA HUDSON: THAT WOULD CONCERN ME, TOO. I UNDERSTAND 24/SEVEN TO CONTACT

SOMEBODY. >> I ASSUME THEY HAVE ACCESS TO THEIR SPACE.

TENANTS HAVE ACCESS TO THEIR SPACE 24 HOURS. >> MAYOR LINDA HUDSON: THIS IS A TINY DETAIL BUT I AM CURIOUS ABOUT IT. I AM ASSUMING THE FEDERAL GOVERNMENT WORKS FIVE DAYS A WEEK AND NOT SEVEN DAYS A WEEK. SO WITH THE 21 PARKING SPACES BE AVAILABLE ON THE WEEKEND? THAT IS SOMETHING I WOULD BE CURIOUS ABOUT.

IT IS A MINOR DETAIL. >> GENERALLY WHEN THEY ARE RESERVED.

>> DON'T MESS. >> THOSE ARE RESERVED. >> MAYOR LINDA HUDSON: THAT IS

GOOD TO KNOW. ANY OTHER QUESTIONS? >> ONE FOR THE CITY ATTORNEY.

TO THE OPPORTUNITY TO REVIEW THE DOCUMENT THEY PROVIDED? IN YOUR OPINION WAS ANYTHING ELSE THAT WAS ANOMALOUS IN THAT DOCUMENT WE SHOULD BE AWARE OF? OR DO YOU NEED TIME TO DO A FURTHER

IN-DEPTH ANALYSIS OF IT? >> MADAM MAYOR IF I MAY. I SPEAK IN BROAD STROKES. >> DO

>> THOSE ARE RESERVED. >> MAYOR LINDA HUDSON: THAT IS GOOD TO KNOW.

ANY OTHER QUESTIONS? >> ONE FOR THE CITY ATTORNEY. TO THE OPPORTUNITY TO REVIEW THE DOCUMENT THEY PROVIDED? IN YOUR OPINION WAS ANYTHING ELSE THAT WAS ANOMALOUS IN THAT DOCUMENT WE SHOULD BE AWARE OF? OR DO YOU NEED TIME TO DO A FURTHER IN-DEPTH ANALYSIS OF IT?

>> MADAM MAYOR IF I MAY. I SPEAK IN BR SPEAN SPEAK IN BR I THINK THIS WILL BE MORE DETAIL THAN YOUR STANDARD LEASE AGREEMENT WHERE YOU HAND THE KEYS OVER.

AND THE CITY IS ONLY INVOLVED EVERY SO OFTEN. WE WOULD HAVE TO PROVIDE MAINTENANCE. WE WILL BE RESPONSIBLE FOR INSTALLING AND MAINTAINING THE SECURITY SYSTEM FOR THE BUILDING. IN TERMS OF THE BUILDOUT OF THE SPACE. YES, PERHAPS THE CITY WILL BE ABLE TO SELECT ITS OWN PROJECT MANAGER. AND I CONTRACTORS. HOWEVER, THE GOVERNMENT HAS VETO AUTHORITY IN TERMS OF DESIGN AND THE PLANS FOR THE SPACE. SO IT IS DEFINITELY A LITTLE

MORE DETAILED THAN YOUR STANDARD LEASE AGREEMENT. >> THAT IS WHAT I THOUGHT.

>> MADE IT CLEAR IN MY HEAD. A VARIETY OF CONCERNS WALKING DOWN THIS PATH.

NICK, YOU ARE INDICATING THE NEXT STEP WOULD BE TAKE A BLANK LEASE.

THE DOCTOR IT UP SPECIFICALLY FOR THE SPACE AS PRESENTED BACK TO THE CITY.

WITH THEM THEY HAVE THE OPPORTUNITY TO REVIEW THAT DOCUMENT IN DETAIL?

>> YES. >> I THINK WE NEED TO TAKE A HARD LOOK AT THAT DOCUMENT AS A CITY ATTORNEY IS INDICATING. THERE IS A LOT OF STUFF YOU DON'T GET IN A 30 MINUTE

OVERVIEW. >> MAYOR LINDA HUDSON: THE DEVIL IS IN THE DETAILS.

[00:40:07]

>> FEDERAL LEASES ARE REMARKABLY COMPLICATED AND EXTREMELY COSTLY FOR THE LANDLORD.

FROM MY EXPERIENCE, ANYWAY. >> I WANT TO GO BACK TO ONE THING.

DEVITO DESIGN. AREN'T THEY DESIGNING THE OFFICE SPACE?

>> THEY ARE STANDARD, YES. IF YOU DON'T MEET THEIR STANDARDS.

>> CAN YOU TELL US HOW MANY ROOMS THEY WANT? >> MAYOR LINDA HUDSON: THAT IS

WHAT I AM SAYING. >> YES, MADAM MAYOR THE TECHNICAL SPECIFICATIONS.

THESE ARE BOILERPLATE SPECIFICATIONS. THE DESIGN IS FOR THE ARCHITECTURAL THESE. IT WILL TAKE THOSE SPECIFICATIONS INCLUDE THEM INTO THE DESIGN FOR CONSTRUCTION. PREVIOUS TO THE CONSTRUCTION WE WILL WORK WITH THE TENANT.

AND ADMIT THE NEEDS OF THEIR OPERATION. >> MAYOR LINDA HUDSON: AND GO

THROUGH THE NORMAL PROCESS. >> YES, MA'AM. >> I HAVE TO ASK THE QUESTION.

LOOKING FOR A BROAD SPECTRUM HERE. WE HAVE IDENTIFIED THOSE RESOURCES WE WILL BE ABLE TO DO THIS PROCESS WITH. WE DO WANT TO GET DOWN THE PLACE. I DID THAT ON RECORD. IF IDENTIFIED THOSE RESOURCES

AND COMMIT TO THIS. VERY WELL. >> MAYOR LINDA HUDSON: ANY OTHER QUESTIONS? VERY MUCH, SIR WE APPRECIATE. FOR FILLING US IN.

>> ALWAYS ANSWER ANY QUESTION. IT IS A BIG INVESTMENT AND I WANT TO MAKE SURE EVERYONE IS

AWARE. >> THANK YOU. >> MAYOR LINDA HUDSON: YES,

[11. CONSENT AGENDA]

MA'AM. >> WE ARE GOING TO THE CONSENT AGENDA.

>> MAYOR LINDA HUDSON: ANY ITEM WOULD LIKE TO PULL FROM THE CONSENT AGENDA OTHERWISE I WILL

ENTERTAIN A MOTION. >> MAY MAKE A MOTION TO HAVE THE CONSENT AGENDA

>>. >> MAYOR LINDA HUDSON: IT IS BEEN SECONDED.

[b. Legislative Hearing - Ordinance 23-011 Review and approval of an application for a Zoning Atlas Map Amendment of four (4) parcels of land to change the zoning classification from St. Lucie County PUD and Commercial General to City classification of Planned Development, generally located north of Orange Avenue and west of N 41st Street . Parcel ID's 2407-124-0001-000-3, 2407-134-0001-000-4, 2407-144-0001-000-5, & 2408-233-0001-000-1. SECOND READING]

>> COMMISSIONER BRODERICK? >> YES. >> COMMISSIONER GAINES?

>> YES. >> COMMISSIONER JAY JOHNSON? >> YES.

>> COMMISSIONER JOHNSON? >> YES. >> MAYOR HUDSON?

>> YES. >> AND APPROVAL OF AN APPLICATION FOR A SITE PLAN (DEVELOPMENT AND DESIGN REVIEW) BY PROPERTY OWNER, WILLIAM WALLACE ENTERPRISES, LLC, AND APPLICANT, LEE SMITH, PRESIDENT OF WALLACE AUTO GROUP TO CONSTRUCT AN APPROXIMATELY 25,740 SQUARE FOOT ATOMOBILE SALES AND SERVICE FACILITY WITH ASSOCIATED SITE IMPROVEMENTS AT OR NEAR 5553 SOUTH US HIGHWAY 1 IN FORT PIERCE, FLORIDA, MORE SPECIFICALLY LOCATED AT PARCEL THIS IS THE SECOND READING

>> ANYONE WHO WANT TO ADDRESS THE COMMISSION ON THIS ISSUE? SEEING NONE I WILL CLOSE THE

HEARING AND ENTERTAIN A MOTION. >> MADAM MAYOR I MOVED TO APPROVE ORDINANCE 23 - 011.

[c. Legislative Hearing - Ordinance 23-013 Review and approval of an application for a Zoning Atlas Map Amendment of five (5) parcels of land to change the zoning classification from St. Lucie County RS-2 and Commercial General to City classification of Planned Development, generally located north of Orange Avenue and east of N Jenkins Road. Parcel IDs: 2407-241-0001-000-3, 2407-231-0000-000-5, 2407-212-0001-000-3, 2407-221-0001-000-1 and 2407-211-0001-000-0. SECOND READING]

>> MAYOR LINDA HUDSON: THERE'S A MOTION AND SECOND CALL THE ROLL. >> COMMISSIONER BRODERICK? WHAT

JUST. >> COMMISSIONER GAINES? >> YES, MA'AM.

>> COMMISSIONER JOHNSON? >> YES, MA'AM. >> COMMISSIONER J JOHNSON?

>> YES. >> COMMISSIONER HUDSON? >> YES.

>> MAYOR LINDA HUDSON: NEXT? >> NEXT WE HAVE ORDINANCE 23-011 RDINANCE 23-011 REVIEW AND APPROVAL OF AN APPLICATION FOR A ZONING ATLAS MAP AMENDMENT OF FOUR (4) PARCELS OF LAND TO CHANGE THE ZONING CLASSIFICATION FROM ST. LUCIE COUNTY PUD AND COMMERCIAL GENERAL TO CITY CLASSIFICATION OF PLANNED DEVELOPMENT, GENERALLY LOCATED NORTH OF ORANGE AVENUE AND WEST OF N 41ST STREET . PARCEL ID'S

PROVIDING FOR AN EFFECTIVE DATE THIS IS THE SECOND READING. >> MAYOR LINDA HUDSON: THIS IS

[d. Legislative Hearing - Ordinance 23-014 Amending Chapter 36 - Utilities, Article VIII imposing year-round Irrigation Conservation Measures. SECOND READING]

SEEING NO ONE I CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION. WHAT MADAM MAYOR I MOVE APPROVAL

ON THIS 23 - 01 >> I >> THERE'S A MOTION AND A SECOND

CALL THE ROLL. >> COMMISSIONER BRODERICK? >> YES.

>> COMMISSIONER GAINES? >> YES, MA.

>> COMMISSIONER YES, MA'AM. JOHNSON? >> YES.

>> MAYOR HUDSON? >> YES. >> NEXT WE HAVE 23 - 013.

FOR THE LANDSCAPE IRRIGATION MEASURES. IN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. 30- PROVIDING DEFINITIONS PROVIDING FOR THE APPLICABILITY OF THE ORDINANCE. PROVIDING LANDSCAPE IRRIGATION SCHEDULE, EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULE. PROVIDING FOR A REQUIREMENT AT THE TECHNOLOGY THAT INHIBITS OR

[00:45:09]

PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE. PROVIDING CODIFICATION OF THE ORDINANCE. FOR THE CONFLICTING ORDINANCES. PROVIDING FOR SEVERABILITY.

PROVIDING AN EFFECTIVE DATE. THIS IS THE SECOND READING. >> MAYOR LINDA HUDSON: THIS IS THE SECOND READING ANYONE WAS ADDRESS THE COMMISSION ON THIS ISSUE COME FORWARD SEEING NONE I

CLOSE THE PUBLIC HEARING AND IS THERE A MOTION? >> MADAM MAYOR IN THE WAY

APPROVED ORDINANCE 23 - 014 >> SECOND. THERE'S A MOTION AND A SECOND

[e. Legislative Hearing - Ordinance 23-015 - Review and approval of a Zoning Map Amendment by owners 805 Office Plaza, LLC and applicant Bradley Currie of EDC, Inc to change the zoning from High Density Residential, R-5, to Office Commercial, C-1, at approximately 805 Virginia Avenue Fort Pierce, FL 34982. Parcel ID: 2422-602-0001-000-7. SECOND READING]

CALL THE ROLL. >> COMMISSIONER BRODERICK? >> YES.

>> COMMISSIONER GAINES? >> YES. COMMISSIONER J JOHNSON?

>> NO, MA'AM. >> COMMISSIONER JOHNSON? >> YES, MA'AM.

>> MAYOR HUDSON? >> YES. >> NEXT ORDINANCE 23 - 01 THE APPROVAL FOR THE PROPERTY LOCATED AT RAINIER VIRGINIA AVENUE FROM HEIGHT DENSITY RESIDENTIAL, R-5, TO OFFICE COMMERCIAL, C-1, PROVIDING A SEVERABILITY CLAUSE FOR PARTS TO HEAVEN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE THIS IS THE SECOND READING.

>> THIS IS A SECOND READING ANYONE WISHING TO ADDRESS THE COMMISSION ON THIS ISSUE PLEASE COME FORWARD. SEEING NO ONE WILL CLOSE THE PUBLIC HEARING IS OUR MOTION?

>> MADAM MAYOR MOVE APPROVAL OF HARNESS 23 - 015. >> SECOND.

>> MAYOR LINDA HUDSON: CALL THE ROLL PLEASE. >>

>> COMMISSIONER BRODERICK? >> YES. >> COMMISSIONER GAINES?

>> YES. >> COMMISSIONER JAY JOHNSON? >> YES.

>> COMMISSIONER JOHNSON? >> YES. >> MAYOR HUDSON?

>> YES. >> NEXT WE HAVE ORDINANCE 23 - 016 AND ORDINANCE BY THE CITY

[f. Legislative Hearing - Ordinance 23-016 - Rezoning two (2) parcels containing approximately 6.88 acres generally located at or near 901-1001 South Ocean Drive, from Hutchinson Island Medium Density Residential Zone (R-4A) to Planned Development (PD). Parcel IDs: 2401-412-0004-000-0 & 2401-412-0005-000-7. SECOND READING]

THIS IS THE SECOND READING. >> MAYOR LINDA HUDSON: THIS IS THE SECOND READING.

STAFF, DO YOU HAVE SOMETHING TO PRESENT? >> YES, MADAM MAYOR.

THE PLANNING DIRECTOR. IF YOU RECALL THE FIRST HEARING SOME CONDITIONS WERE ADDED TO THE ORDINANCE. DOES NOW BEEN INCORPORATED AS AN EXHIBIT ITSELF.

THAT INCLUDES REFERENCE TO THE SITE PLANS AND THE SCOPE. WE HAVE SINCE HAVE RESPONSE FROM THE SCHOOL BOARD. THEY HAVE STATED THE SCHOOL STOP IS NOT REQUIRED AT THIS

LOCATION. >> MAYOR LINDA HUDSON: ANY QUESTIONS OF STAFF? YES,

COMMISSIONER. >> THIS IS A SECONDARY QUESTION I BROUGHT UP THE EMERGENCY ENTRANCE. WITH THAT BE ADDRESSED WITH THE SITE PLAN VERSUS NOW?

>> I THINK WE SHOULD HEAR FROM THE APPLICANT ON THAT ONE. >> AND THAT WOULD BE IN THE SITE

PLAN REVIEW? >> THE SITE PLAN REVIEW WOULD BE DISCUSSED, YES.

>> WE ARE INCLUDING THE ZONING CHANGE HERE. NOT THE SITE PLAN, CORRECT?

>> WE ARE APPROVING THE REZONING. >> CLERK: MADAM MAYOR IF I BECAUSE REZONED TO UPLAND DEVELOPMENT A SITE PLAN MUST BE APPROVED ALONG WITH THE PLANNED DEVELOPMENT REZONING. I THINK THAT IS WHY WE HAVE A SITE PLAN ATTACHED.

>> TO REFRESH THE QUESTION I ASKED WAS PERTAINING TO THE BUS STOP WHICH IS OBVIOUSLY BEEN ELIMINATED SECONDARILY. MY QUESTION WAS PERTAINING TO THIS FUNCTIONALITY OF THIS EXIT ONLY NON-ENTERS EXCEPT FOR EMERGENCY VEHICLES. AND THAT THE RESTRICTIONS AND

HOW THAT WOULD BE DEALT WITH. >> MAYOR LINDA HUDSON: YOU WANT THE -

>> THE QUESTION IS HOW WILL YOU DO THIS? >> MAYOR LINDA HUDSON: ANY OTHER QUESTIONS FOR STAFF BEFORE A OPEN? I WILL OPEN THE PUBLIC HEARING AND I WOULD LIKE THE APPLICANT TO COME FORWARD, PLEASE. MR. SWEENEY?

>> ON BEHALF OF THE APPLICANT, FIRST OF ALL THANK YOU TO THE STAFF.

THERE'S AN EMAIL IN MY FILE. AGAIN THANK YOU FOR ADDRESSING THAT.

AS FOR THE EXIT I MADE NOTED THAT IF I MAY APPROACH THE CLERK.

WHAT IS KNOWN AS KNOX BOXES IN VIRTUALLY ALL CONDO TYPE OF DEVELOPMENTS.

THIS IS ANYTHING THAT HAS A BLOCK ACCESS TO MAKE SURE EMERGENCY SERVICES HAVE THE

[00:50:07]

IT IS PLACED ON THE OUTSIDE. WHETHER POLICE, FIRE OR ANYBODY ELSE.

THEY HAVE A COAT OR UNIVERSAL MASTER KEY. OR SOME VERSION THAT IS ACCESSIBLE TO THEM. IT WOULD BE EXIT ONLY EXCEPT FOR EMERGENCY PERSONNEL SERVICES.

HOPEFULLY THAT PROVIDES ENOUGH BACKGROUND. AND CERTAINLY WE MAKE SURE WE WILL ADDRESS THAT WHEN WE GO THROUGH THE PLANNING AND TECHNICAL DEVELOPMENT ASPECT OF

IT. >> THERE IS AN ACTUAL GATE SYSTEM THAT IS STRUCTURED THERE.

AND IT IS A DETECTOR THEY USED TO EXIT THE PROPERTY I IS IN. AND ENTER INTO THE PROPERTY OPEN THE GATE FROM THE OUTSIDE. AND GET LOCKBOX ACCESS OR PANEL ACCESS FROM THE SPECIFIC CODES?

>> THERE ARE 4-5FIVE OR SIX THEE IS PANEL ACCESS, KEY AXIS. THERE IS A STROBE ACCESS WHERE THEY RECOGNIZE THE STROBE PATTERNS. THAT IS NOT IN OUR FAVOR PEOPLE STARTED UTILIZING THOSE BUYING THEM OFF OF EBAY. BUT YES THAT IS A UNIVERSAL

SYSTEM. >> THANK YOU FOR ANSWERING THE QUESTION.

>> IF THERE ARE ANY OTHER QUESTIONS. >> MAYOR LINDA HUDSON: ANY OTHER QUESTIONS OF THE APPLICANT? THANK YOU. ANYONE ELSE WISHING TO ADDRESS

THE COMMISSION ON THIS ISSUE PLEASE COME FORWARD. >> HAS WORKED HIS SEE THE WHOLE

TRUTH. >> MAYOR LINDA HUDSON: YOU DO NOT NEED TO BE SWORN IN THIS IS A LEGISLATIVE HEARING BUT WE APPRECIATE YOU TELLING THE TRUTH.

QUICK BACK FOR HAVING ME BACK. >> MAYOR LINDA HUDSON: YOU THREE MINUTES.

>> I AM JAY MILLER F53 MAJOR ISSUES WHAT YOU SEE ON THE SCREEN.

MY CANAL GOES UP INTO QUITE A BIT INTO THE LAND. AND THE CLUBHOUSE IS DESIGNED TO BE CLOSE TO THEIR. SO I HAVE ONE ISSUE, A SAFETY ISSUE.

LOOKING AT THE SITE PLAN AND LOOKING AT THE BUFFERS I DID NOT SEE WHETHER THERE IS SOME TYPE OF FENCE THAT WILL PREVENT THE OWNERS OF THE DEVELOPMENT. THE PEOPLE USING ACCESSING THE WATERFRONT. WHETHER A CANOE OR A JET SKI. WHETHER SOME MOTORIZED.

SO COMING OFF OF THEIR DEVELOPMENT ONTO THAT PROPERTY. AND EVEN THOUGH THAT MAY APPEAR TO BE AN ISSUE. HAVING MITIGATED THESE ISSUES FOR THE CITY FORT PIERCE AS WELL AS ST. LOUIS COUNTY IT GETS MUDDY WE HAVE A SERIOUS INJURY OR DEATH, HEAD INJURY FROM WATERFRONT PROPERTY. AND ADJOURNING LAND OWNERS. SO MY CONCERN.

IS THE ZONING APPROVAL. THAT THAT BE A CONSIDERATION JUST LIKE YOU HAVE THE CONSIDERATION OF BUS STOP A KISS COMING OFF FOR SCHOOL. THAT IS THE FIRST ISSUE.

THE SECOND ISSUE IS IDENTITY, AS YOU KNOW, THE LAND. THAT ALLOWED CRESTVIEW TO BE DEVELOPED FOR THE CITY. IN ORDER FOR THE NEIGHBORHOOD TO BE ACCESSED.

AND MY CONCERN IS WHETHER HAVE EGRESS AND INGRESS TO MY PROPERTY.

AND THAT THE TRAFFIC FLOW WILL BE TO ACCESS MY LAND IN THE EVENT I AM NOT PERMITTED TO ENTER THROUGH SEE POINT TOWERS OR THIS DEVELOPMENT. TO UTILIZE MY PROPERTIES.

THANK YOU. >> MAYOR LINDA HUDSON: THANK YOU, SIR.

THAT THE APPLICANT WHO WENT TO ADDRESS THOSE ISSUES. >> I DO NOT KNOW IF ANY OTHER QUESTIONS I WOULD BE HAPPY TO. MAJOR ANY OTHER COMMENTS OF WHAT TO GET THEM AT ONCE.

>> OTHER PARTS OF THE PUBLIC WISH TO SPEAK? >> THANK YOU IS ANYONE ELSE IN

THE AUDIENCE WOULD LIKE TO ADDRESS THIS ISSUE? >> I WAS TOO QUICK.

THANK YOU. >> THANK YOU FOR HAVING ME. AS YOU SEE VERY BRIEFLY, COMMISSION. YOU CAN SEE ARE TWO PARCELS OUTLINED IN RED.

I BELIEVE THE PRIOR SPEAKER WAS SPEAKING ABOUT THAT AREA THAT JUST AND FROM THE LEFT SIDE OF YOUR SCREEN UP LEFT. THAT IS A WATER BODY I CAN'T SPEAK TO WHO OWNS THAT.

[00:55:06]

AS FAR AS ACCESSING ANYONE ELSE'S PROPERTY. THEY HAVE THE RIGHT TO THERE'S AND IF THEY WANT TO KEEP ANYONE OFF THE PROPERTY THINK OF PUT UP A FENCE.

WITHIN THE SETBACKS AND OTHER REQUIREMENTS. IF YOU WANT TO HOLD ONTO OUR PROPERTY WEEK ABOUT OFFENSES. AS FAR AS THAT DEVELOPMENT ISSUE THAT IS A PRIVATE ISSUE.

I BELIEVE APPROPRIATELY BETWEEN PRIVATE PARTIES BETTER COMMUNICATION WITH MR. MOELLER.

I DON'T BELIEVE IT IMPACTS OR EFFECTS THIS BODIES LEGISLATIVE DECISIONS TODAY.

I THINK WE TRY TO ADDRESS EVERYTHING WITHIN THE ZONING CODE.

I WOULD HAPPILY ANSWER ANY OTHER QUESTIONS. >> MAYOR LINDA HUDSON: IS THERE A BARRIER OF ANY KIND ON THE NORTH, SOUTH LINE GOING UP AND DOWN THERE ON THE WEST?

>> NOT THAT I AM AWARE OF. GO 5-SIX INCHES WITHOUT GOING THROUGH A MANGROVE OR ANY NUMBER OF WETLANDS. IT IS TRULY AND DEVELOPED. THERE IS NOTHING THERE AS FAR AS I KNOW. ! AS FAR AS YOU KNOW THERE IS NO

REASON WHY HE CAN'T ACCESS HIS PROPERTY FROM CRESTVIEW? >> ABSOLUTELY NOT AS YOU CAN SEE THERE IS ACCESS THERE. AS YOU SAW IN OTHER PICTURES THE OLD CONCRETE AROUND MOST OF THE PROPERTY STOPS. AS YOU ARE LOOKING AT THE BOTTOM PICTURE WEST OF CRESTVIEW IS STOPS. AND HE WOULD BE ABLE TO ACCESS IT.

>> MAYOR LINDA HUDSON: ANY OTHER QUESTIONS FOR THE APPLICANT? >> MADAM MAYOR JUST ONE QUICK ONE. JUST WANT TO MAKE SURE IF YOU GO TO THE PROPERTY BOUNDARY.

WHAT I AM SEEING PROBABLY FROM THE PROPERTY APPRAISER. LOOKS LIKE THE PROPERTY

APPRAISAL THAT. >> IT IS CORRECT. >> LOOKS LIKE THAT CORRAL.

IS THAT WHAT I AM SEEING? >> MY BEST GUESS IF THEY ARE NAVIGABLE THE BELONG TO THE

STATE. THAT IS THE BEST I TELL YOU. >> ANYONE ELSE? THANK YOU VERY MUCH. OKAY I AM CLOSING THE PUBLIC HEARING BRING IT BACK TO THE

COMMISSION. >> NO QUESTIONS. SPEE 11 ANY DISCUSSION OR IS

THERE A MOTION? >> I AM JUST CURIOUS MADAM MAYOR.

CAN YOU GO BACK? COMMISSIONER JEREMIAH JOHNSON, YOU TRIGGERED SOMETHING.

>> MAYOR LINDA HUDSON: YOU NEED TO MOVE YOUR MOUTH A LITTLE CLOSER.

>> THE QUESTION ABOUT THE STATE NAVIGABLE WATERS AND WHO OWNS THAT WATERWAY.

AND AS OF RIGHT NOW ARE WE SAYING WE DON'T KNOW WHO OWNS THE WATERWAY? WHO OWNS THAT WATERWAY? BECAUSE WE HAVE THE PROPERTY OWNERS. AND I AM HEARING THE STATE OWNS IT. I UNDERSTAND THAT ADJACENT PROPERTY OWNERS CONCERN.

YOU KNOW, SOMEBODY IN THERE AND GET INJURED. AND LITIGATION.

SO DO WE KNOW WHO OWNS? DO WINDOW WHO OWNS THAT WATERWAY? >> COMMISSIONER, PLANNING DIRECTOR. THE ISSUE PROVIDED WITH THE APPLICATION AND THE LEGAL DESCRIPTION. THAT AREA HAS NOT BEEN RESEARCHED.

>> JEREMIAH JOHNSON: THANK YOU. >> KEVIN CAN YOU GO BACK TO THE PROPOSED SITE PLAN? JUST CURIOUS. AND YOU SAID - THAT IS WHAT I AM LOOKING FOR.

THIS IS THE WETLAND AREA HERE OWNED BY MR. MARLER WHERE IT SAYS WETLANDS?

>> MAYOR LINDA HUDSON: NO. >> GOT IT. AND RIGHT NOW PROPOSED PLANNING IS THE CLUBHOUSE WOULD BE BACK ON THIS BACKSIDE HERE? KIND OF A BUFFER PER SE BETWEEN THE

WETLANDS AND ANY OTHER PROPERTY? >> THAT IS CORRECT. >> RIGHT IN THERE.

GO BACK TO THAT OTHER SIDE ONE MORE TIME. I WAS JUST LOOKING FOR ANYTHING

[01:00:03]

>> YES. >> I WOULD PROPOSE THROUGH THE PROCESS AND THROUGH THE PERMITTING PROCESS THAT SOME OF THIS IS GOING TO BE IRONED OUT. IT WILL GO THROUGH IN THE WAY OF PERMITS WHETHER IT IS A PERMIT APPLICATION. TEP BECAUSE OF POSSIBLE IMPACTS OR TREE SURVEYS. LOOKING AT A GOPHER TORTOISE SURVEY WHATEVER WILL TRIGGER BETWEEN THE STATE SYSTEM WILL BE OUTSIDE THE JURISDICTION OF THE CITY OF FORT PIERCE.

NO MATTER WHAT THE DISCUSSION IS TONIGHT. AND WHETHER THERE'S ACCESS OR NOT. THAT WILL BE IRONED OUT AND I GUARANTEE WILL NOT BE THE ONE TO IRON OUT. OUTSIDE THE SITE PLAN. THAT IS IN FRONT OF US TONIGHT.

MADAM MAYOR IF I CAN GET BACK TO MY COVER PAGE HERE. I MAKE A MOTION WE APPROVED

ORDINANCE 23 - 016. >> MAYOR LINDA HUDSON: IS THERE A SECOND?

>> SECOND. >> MAYOR LINDA HUDSON: IS A FURTHER DISCUSSION? IF NOT CALL

THE ROLL. >> CLERK:

>> COMMISSIONER BRODERICK? >> YES, MA'AM. >> COMMISSIONER GAINES?

>> YES, MA'AM. >> COMMISSIONER C. JOHNSON? >> YES, MA'AM.

>> COMMISSIONER J. JOHNSON? >> YES, MA'AM. >> MAYOR HUDSON?

>> YES, MA'AM. >> MAYOR LINDA HUDSON: CONGRATULATIONS.

[g. Legislative Hearing - Ordinance 23-017 - Review and approval of an Abandonment of Right-of-way, by applicant, Collins Brown Barket, to abandon right-of-way near the southeast corner of Seaway Drive and Carlton Court; abutting the parcel located at 1100 Colonnades Drive to the south. SECOND READING]

>> CLERK: NEXT WE HAVE ORDINANCE 23 - 017 AND ORDINANCE FOR THE CITY COMMISSION IN THE CITY OF FORT PIERCE, FLORIDA ABANDONING A PORTION OF THE FORT PIERCE AS PART OF THE PUBLIC RECORDS.

17 DEGREES NINE MINUTES EAST ALONG THE SOUTH OF THE WEST LINE OF BLOCK 22.

A DISTANCE OF 50 FEET TO THE POINT OF THE SOUTH RIGHT-OF-WAY LINE OF COLLAGEN COURT ALONG SAID WAY SOUTH 72 DEGREES. 51 MINUTES 0 SECONDS WEST 981.9 FEET.

THE POINT OF BEGINNING CONTINUE ALONG SAID RIGHT-OF-WAY 72 DEGREES.

51 MINUTES IN 0 SECONDS. LESS A DISTANCE CLERK: OF 70 POINT CITY 49 DEGREES 13 MINUTES LINDA COX: CITY 49 DEGREES 13 MINUTES 0 SECONDS WEST A DISTANCE OF 30 FEET TO THE POINT OF COSTS. BEEN A POINT OF CURVATURE ON THE ARK OF THE SAID CURB.

CONCAVE TO THE NORTH OF THE RADIUS OF 50 FEET. THE CENTRAL ANGLE OF 57 DEGREES, 66 MINUTES SEVEN MINUTES OF ARC POINT OF 50.57 FEET. DELTA AND 57 DEGREES, 56 MINUTES 0 SECONDS. THE BEARING OF SOUTH 78 DEGREES 11 FEET.

0 SECONDS EAST AND 48.43 FEET. TO THE POINT IN PLACE PART OF CARLTON POINT.

FORT PIERCE SUBDIVISION WITHIN THE CITY OF FORT PIERCE AS REPORTED IN PROPAGATE PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA PROVIDING FOR SEVERABILITY CLAUSE ORDINANCE FOR THOSE CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. THIS IS A SECOND READING.

>> MAYOR LINDA HUDSON: GOOD JOB MS. COX. >> PROFESSIONAL LAND SURVEYOR.

>> MAYOR LINDA HUDSON: VERY PROUD OF YOU. THIS IS THE SECOND READING ANYONE WISHING TO ADDRESS THE COMMISSION ON THIS ISSUE PLEASE MOVE FORWARD.

SEEING NO ONE? CLOSE THE PUBLIC HEARING. I DON'T BLAME YOU I DON'T KNOW

WHO WOULD BE TALKING ABOUT THAT ANYWAY. >> CLERK LINDA COX: COLLAGEN

COURT WOULD BE MUCH EASIER. >>. >> MAYOR LINDA HUDSON: THERE'S A

MOTION A SECOND CALL THE ROLL CALL. >> CLERK LINDA COX:

>> COMMISSIONER BRODERICK? >> YES, MA'AM. >> COMMISSIONER GAINES?

>> YES, MA'AM. >> COMMISSIONER C. JOHNSON? >> YES, MA'AM.

[h. Legislative Hearing - Ordinance 23-018: Review and approval of an ordinance of the City of Fort Pierce, Florida; amending Ordinance No. 22-046 in order to correct a scrivener's error of parcel identification within the adopted ordinance; extending the territorial limits of the City of Fort Pierce, Florida, to include one (1) parcel at or near 2605 Kerr Street in Fort Pierce, Florida. SECOND READING]

>> COMMISSIONER J. JOHNSON? >> YES, MA'AM. >> MAYOR HUDSON?

>> YES, MA'AM. >> CLERK LINDA COX: NEXT WE HAVE ORDINANCE 23 - 018.

THE ORDINANCE OF THE CITY OF FORT PIERCE AMEND THE ORDINANCE 22 - 046 IN ORDER TO CORRECT A SCRIVENER'S ERROR OF PARCEL IDENTIFICATION WITHIN THE ADOPTED ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE FLORIDA TO INCLUDE ONE (1) PARCEL AT OR NEAR 2605 KERR STREET IN FORT PIERCE, FLORIDA. AS SHOWN IN EXHIBIT A.

THE PROPERTY APPRAISAL TO APPRAISE AND PUT ON THE TEXTILE AS OF JANUARY 1, 2024.

[01:05:12]

THE ORDINANCE OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING

FOR AN EFFECTIVE DATE. THIS IS THE SECOND READING. >> MAYOR LINDA HUDSON: ANYONE WHO WISHES TO ADDRESS THE COMMISSION ON THIS ISSUE PLEASE MOVE FORWARD.

SAYING NO ONE I WILL MOVE IS OUR MOTION? >> MOTION TO APPROVE

>> AS A MOTION AND A SECOND CALL THE ROLL. >> CLERK LINDA COX:

COMMISSIONER BRODERICK? >> YES, MA'AM. >> COMMISSIONER GAINES?

>> YES, MA'AM. >> COMMISSIONER C. JOHNSON? >> YES, MA'AM.

[i. Legislative Hearing - Ordinance 23-019 - Amending the Code of Ordinances of the City at Chapter 125 Zoning, Basic Zoning Districts, Section 125-197, Edgartown Settlement (ES) Zoning District. FIRST READING]

>> COMMISSIONER J. JOHNSON? >> YES, MA'AM. >> MAYOR HUDSON?

>> YES, MA'AM. >> CLERK LINDA COX: NEXT WE HAVE ORDINANCE 23 - 019 COMMISSIONER BRODERICK? AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA, CHAPTER 125 - ZONING, ARTICLE IV, BASIC ZONING DISTRICTS, SECTION 125- 197, EDGARTOWN SETTLEMENT (ES) ZONING DISTRICT; AMENDING SAID SECTION TO CLARIFY PURPOSE FOR THE ORDINANCE; AMENDING THE INTENSITY AND DIMENSIONAL STANDARDS; AMENDING AND REORGANIZING CHART 1-1, USES ALLOWED; AMENDING CHART 1-1 TO REQUIRE CONDITIONAL USE APPROVAL FOR EATING AND DRINKING ESTABLISHMENTS; PROVIDING FOR PROSPECTIVE APPLICATION OF NEW CONDITIONAL USE REQUIREMENTS; AMENDING USE DEFINTIONS, CLASSIFICATIONS, AND STANDARDS AS TO RESIDENTIAL USES, CHILDCARE, COMMERCIAL USES, ENTERTAINMENT, AND OVERNIGHT ACCOMODATIONS; AMENDING REGULATIONS REGARDING PERMISSABLE NOISE AND HOURS OF INDOOR AND OUTDOOR ENTERTAINMENT AT EATING AND DRINKING ESTABLISHMENTS WITHIN THE DISTRICT; REORGANIZING EXISTING SUBSECTIONS AND CREATING SUBSECTIONS (G) THROUGH (O); PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.

THIS IS THE FIRST READING. >> MAYOR LINDA HUDSON: THIS IS A FIRST READING.

MR. FREEMAN? >> THANK YOU MADAM MAYOR THIS IS A TEXT AMENDMENT.

GOOD TIME SETTLEMENT ZONING DISTRICT. COMES TO THE CITY COMMISSION AFTER A LOT OF DISCUSSIONS. SPECIFICALLY RELATING TO THE ORDINANCE AND THE RULES AFFECTING THIS DISTRICT. THAT IS A MAP OF THE DISTRICT IT CONTAINS 33, 34 PARCELS.

AS PART OF THIS PRESENTATION, PART OF THIS REORGANIZATION. IT INCORPORATES THE REVISED ORDINANCE. A TOTAL ORGANIZATION IF YOU LIKE OF THE RESTRICTIONS AND CODES AND ALLOWANCES. FOR THIS ZONING AREA. INITIALLY IS PRESENTED TO THE PLANNING BOARD IN THE MEETING. AND THE START HISTORIC PRESERVATION BOARD AT THE DECEMBER MEETING. WE DID HERE RELATED TO THIS THE CITY COMMISSION.

A PRESENTATION ON THE NOISE REGULATIONS. AND THAT THE PLANNING BOARD, I THINK THE SAME DAY, VOTED 6-0 TO MOVE THE ORDINANCE FOR APPROVAL BY THE CITY COMMISSION.

SO THIS INCORPORATES A NUMBER OF DIFFERENT ISSUES. SO IT REORGANIZES THE PURPOSE AND DEFINITION. PART OF THAT IS TO MAKE THIS MORE CLEAR TO ANYBODY READING THE ORDINANCE. SO A STEP FOR THE RESTRICTIONS AND THE DEFINITIONS.

CHART 11 LOOKS AT THE USES ALLOWED AND THAT IS BEEN REORGANIZED TO MAKE IT CLEAR IN TERMS OF PARTITIONING THOSE RESIDENTIAL AND MOBILE USES IN TWO SECTIONS.

AND LANGUAGE RELATED TO ENTERTAINMENT, INDOOR ENTERTAINMENT OUTDOOR.

THAT CLARIFIES THE PARAMETERS OF WHAT GOES ON. AND REITERATED AND THE ACOUSTIC TERMINOLOGY PREVIOUSLY. OUR EXISTING WENT IN THE REGULATIONS HAS BEEN REMOVED.

A CONDITIONAL USE PROCESS IS PROPOSED TO BE REQUIRED FOR A NEIGHBORHOOD BISTRO AND CIGAR BARS USES IN FUTURE. AND AGAIN, THE WHOLE REORGANIZATION OF LANGUAGE.

IS PROPOSED TO MAKE EVERYTHING CLEAR. STAFF LOOKED AT THE ORDINANCE

[01:10:04]

RELATING TO FUTURE LAND-USE. THE INNOVATIVE LAND DEVELOPMENT REGULATIONS.

AND PLANNING PROGRAMS. SO, ESSENTIALLY WHAT HAS OCCURRED IN THIS ORDINANCE.

WHICH IS ORDINANCE SPECIFIC TO THE NOISE PART OF THIS. IS TO LOOK AT MORPHINE, OR RELATING THE NOISE ORDINANCE REQUIREMENTS TO THE EXISTING SPECIFICATIONS WE HAVE IN THE CITY AND THE LIMITATION OF NOISE WITHIN THE CITY. THAT IS CHAPTER 26 ARTICLE TWO DOSE AT THAT IS VERY SPECIFIC OF THE TYPES OF NOISE AND DECIBELS OF NOISE THAT THE CITY REGULATES. AND SO THE SETTLEMENT ZONING DISTRICT WOULD BE SUBJECT TO THAT PARTICULAR REQUIREMENT. AND WHEN WE SET THE RESIDENTIAL TO RECEIVING AT 60 DECIBELS BETWEEN CERTAIN HOURS COMMERCIAL PROPERTIES 65. AND INDUSTRIAL WHICH IS APPLICABLE HERE TO 17. FIRST LIMITATION SATURDAYS AND SUNDAYS TO RESIDENTIAL APPLY.

AND IF YOU RECALL CAST YOUR MIND BACK TO THE DEMONSTRATION THAT WAS HELD IN THESE COMMISSION CHAMBERS DURING THE CONFERENCE. THAT THESE NOISE LEVELS WERE DEMONSTRATED TO COMMISSIONER.

SO POLICIES. 1.15. 1.5.7.

6.16. 6.5, 12.131. HAVING SAID ALL THAT THE STAFF RECOMMENDS PROPOSAL OF THE TEXT AMENDMENT. AND COMMISSION TO OF THE ALTERNATIVE RECOMMENDATIONS AVAILABLE TO THE APPROVAL OR RECOMMENDATION.

THAT IS STAFF PRESENTATION NOW. THANK YOU. >> MAYOR LINDA HUDSON: QUESTION

OF STAFF? >> MADAM MAYOR I HAVE SEVERAL. IT IS AN EXTENSIVE REWRITE.

AND I AM IMPRESSED WITH THE TIGHTENING UP OF A VARIETY OF ISSUES.

THAT HAVE BEEN NAGGING AT THE AREA FOR A PERIOD OF TIME. >> COMMISSIONER?

>> THANK YOU. THE FIRST QUESTION IS RELATIVE TO SHORT-TERM RENTAL.

THE PROVISION CURRENTLY HAS A RATHER BROAD ALLOWANCE FOR I BELIEVE IT IS REFERRED TO AS BOARDINGHOUSE RENTALS. AT SHORT-TERM RENTALS. THAT LANGUAGE IN ESSENCE IS BEING SCRAPPED. AND WE ARE INCORPORATING THE STANDARDIZED LANGUAGE FOR SHORT-TERM RENTALS ARE APPLICABLE FOR THE REST OF THE CITY.

>> CORRECT. >> I BELIEVE IT WAS THE PLANNING BOARD THAT DEVELOPED THE IDEA

THAT THE COMMISSIONERS IS THAT ACCURATE? >> NICHOLAS C. MIMMS,: DISCUSSION OF THE PLANNING BOARD ABOUT HOW WE DID TAKE CARE OF THE RESIDENTS IN TERMS OF THIS AREA IN FUTURE. AND TO REALLY OF OVERSIGHT. IF NEW COMMERCIAL USES OF THOSE THREE TYPES AN OVERVIEW OF THAT IN THE BOARD AND THE COMMISSION WOULD HAVE AN OVERVIEW OF THAT.

AND COMMON CONDITIONS WERE PLACED. AND THOSE USES AT THOSE TIMES I

THINK IS A BETTER PROTECTION FOR FUTURE. >> IF THE CONDITIONAL USE ASPECT IS TRIGGERED. AND APPLICANT WANTS TO PUT IN SOME TYPE OF BISTRO, ETCETERA WILL NOT HAVE A SLIGHT PLAN REVIEW AS WELL? LET ME EXPAND ON THAT.

THE REASON I'M ASKING THAT IS THE REQUIREMENTS ARE WE HAVE X NUMBER OF INTERIOR SPACE AND A

HARD NUMBER OF 800 FT. OF EXTERIOR CONGREGATE AREA? >> YES.

>> OR CUSTOMER SERVICE AREA. >> THAT IS CORRECT. >> I WILL BE DETAIL ON SOME TYPE OF PLAN THAT COULD BE SUBSEQUENTLY REFERENCED IN THE FUTURE?

>> THE CONDITIONAL USE APPLICATION WOULD INCLUDE A NUMBER OF SITE SPECIFIC DESIGN ELEMENTS. THAT WOULD NEED TO BE DEMONSTRATED FOR THE

[01:15:02]

AND COULD USE OF THE OUTDOOR SPACE. REGULATED, COMMISSIONER.

>> THAT IS BLANKEED AND APPROVED SO YOU DON'T GET INTO 300 FT. .

SOMETHING ALONG THOSE LINES. UNDERSTAND WHERE I AM GOING WITH THAT.

SO YOU FEEL COMFORTABLE THERE IS SOME TYPE OF SITE PLANS AND 800 FT. THAT IS OUTDOOR

ENTERTAINMENT AREA. >> YES. >> CAN BE REGULATED AND

SUBSEQUENTLY ENFORCED IF NECESSARY. >> THE SITE PLAN ATTACHED TO ANY

APPROVAL FOR CONDITIONAL USE. >> ALWAYS SEEM TO MAKE SENSE. >> AND YOU FEEL THE CONDITIONAL USE PACKAGE OF USES IS THAT BROAD ENOUGH? YOU ARE COMFORTABLE THAT COVERS EVERYTHING INCLUDED IN THE ENTERTAINMENT OR EATING ESTABLISHMENT OR BREWERY? IN AND

AROUND THOSE LINES? >> WHERE THEY COME FROM WE WOULD ASSESS WERE SPOKEN TO ISSUES.

AND I AM QUITE CONFIDENT WE HAVE ENCOMPASSED THE AREAS OF CONCERN.

IN A WAY THAT IS FAIR TO BOTH SIDES. WE STILL WANT TO SEE COMMERCIAL ACTIVITIES BY RIGHT. AND I THINK ARE MORE LIKELY TO CAUSE ISSUES OR CONFLICTS BETWEEN LIVING IN THAT AREA. SO STAFF, I THINK, ARE CONFIDENT WE ARE LIMITED TO AND EXTENDED

TO THE EXTENT WE NEED TO. >> I JUST HAVE ONE TECHNICAL QUESTION RELATED TO WHAT IS THE

RECEIVING COMMERCIAL PROPERTY OF 65 DB? >> IF YOU ARE IN AN OCCUPANCY OF COMMERCIAL USE. AT THAT BUILDING OR USE WILL BE LIMITED TO 65.

FOR EXAMPLE IF YOU ARE OPERATING A RESTAURANT. THERE IS A RESTAURANT ADJACENT THEY ARE PLAYING MUSIC. THE NOISE VOLUME ALLOWED TO BE TRANSFERRED FROM ONE TO ANOTHER WOULD BE 65. QUICK THAT IS COMMERCIAL USE ONLY? IS THAT WHY THAT IS SPECIFICALLY DEFINED? LET'S SAY IF A RESTAURANT AT THE SQUARE FOOTAGE QUALIFICATIONS.

THE REST IS RESIDENTIAL PROPERTY. >> THE USE IS 60.

>> THAT THRESHOLD HAS NOT CHANGED. THANK YOU.

>> MAYOR LINDA HUDSON: OTHER QUESTIONS OF STAFF? >> MADAM MAYOR JUST A COUPLE.

WE TALKED A LOT ABOUT NOISE WE WILL'S PROBABLY STILL TALK ABOUT THAT TONIGHT.

BUT I WANT TO GET INTO THE DEVELOPMENT STANDARDS SPECIFICALLY.

THE STANDARD LOSS, COTTAGE LOTS. YES, ROWE HOUSE. WITHIN EACH ONE OF THOSE THERE'S A NICE TABLE WITH THE LOT DIMENSION INCLUDING THE BUILDINGS THEMSELVES.

SET BACK PARAMETERS. WITHIN EDGARTOWN AND THIS PROPOSAL IN FRONT OF US.

IS THAT UNIQUE WITHIN OUR CODE? IS IT SPECIFIC TO AGRITOWN ONLY? >> YES, IN TERMS OF RESIDENTIAL USES. OTHER THAN GOING THROUGH A PLANNED DEVELOPMENT.

THIS IS THE ONLY ZONING DISTRICT. >> I BRING UP THOSE THINGS SPECIFICALLY. IF YOU COULD PULL UP THE DRAFT. YES.

I THINK IT IS 16, 17. I AM NOT SURE IF THAT IS OUT OF 24TH.

>> JEREMIAH JOHNSON: I KNOW THERE WAS A LOT OF TALKING IN YEARS PAST ABOUT THIS A UNIQUE FEATURE OF THE THE INTRICACIES OF LOT LINES OR SETBACKS. HERE AT THE DEVELOPMENT STANDARDS. AND YOU SEE THE CENTER LOT COTTAGE.

IF YOU SEE THE NEXT PAGE IS EITHER IS THE GRAPHIC. GO DOWN A LITTLE FURTHER, KEEP GOING. RIGHT HERE. YOU TALK ABOUT SETBACKS.

WHEN WE GET INTO SETBACKS. IN THE REAR WE ARE TALKING TWO, THREE, FOUR, FIVE FEET.

SIX FEET FROM THE TOP OF THE PAGE. THAT IS PRETTY TIGHT IN RELATES

[01:20:07]

I WANTED TO MAKE SURE THAT IS POINTED OUT AND ON THE RECORD. THESE ARE THE ELEMENTS OF EDGARTOWN WE HAVE BEEN TALKING ABOUT SO THANK YOU FOR ANSWERING THOSE QUESTIONS.

>> JEREMIAH JOHNSON: LET'S SEE, THERE ARE BUILDING HEIGHTS. IS THERE ANY SECTION OF THIS CODE, OR CONDITIONAL USE PROCESS WITHIN EDGARTOWN? WHAT ABOUT PARKING? HOW DOES A CONDITIONAL

USE APPLICATION COMES THROUGH? WITH THAT TYPE OF CONDITION? >> I WOULD BE PART OF THE

DISCUSSION. >> IT WOULD BE TO DEMONSTRATE ALL THE ELEMENTS.

FOR THE SITE PLAN. ANY BOARD AND STAFF COULD CHALLENGE THE PROVISION.

COULD ENSURE WAS TAKING PLACE. FOR THE CONDITIONAL USE DISCUSSION.

>> AT THIS IS AN EXTENSION OF DOWNTOWN IS NOT WITHIN THE DOWNTOWN OVERLAY WHERE THERE IS

NO PARKING CONDITION. THIS IS ABOVE AND BEYOND THAT. >> I BELIEVE IT IS SEPARATE

AREA. >> JEREMIAH JOHNSON: AND THE CITY HAS DONE A GOOD JOB OF PROVIDING ON STREET PARKING. I AM SURE WE WILL SEE OVER THE YEARS SOME ADDITIONAL OFFSTREET PARKING APPLICATIONS. BUT I JUST WANT TO MAKE SURE WE ARE BALANCING THE PARTS OF THE CODE WE ARE CHANGING TODAY WITH THOSE PARAMETERS. OUTSIDE OF THE BUREAU.

IF YOU WANT TO TALK ABOUT NOISE. INCLUDING SETBACKS. OKAY, THAT IS WHAT I HAVE FOR

NOW. >> I THINK STAFF WERE THINKING THE CONDITIONAL USE WOULD DO EXACTLY WHAT THE COMMISSION ARE ASKING NOW. THE VEHICLE FOR DOUBLE CHECKING THE ACTIVITY THE PROPOSED ACTIVITY. AND HOW THEY FIT IN THE

NEIGHBORHOOD. >> JEREMIAH JOHNSON: OKAY. >> MAYOR LINDA HUDSON: ANY OTHER QUESTIONS OF STAFF? THIS IS A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THIS ISSUE COME FORWARD YOU HAVE THREE MINUTES. MS. COX WILL GIVE YOU A WARNING OF HOW MANY SECONDS. TEN SECONDS. STATE YOUR NAME FOR THE RECORD.

>> DOCTOR MIKE O'CONNOR. >> MAYOR LINDA HUDSON: YOUR ADDRESS FOR ME, SIR?

>> 709 N. U.S. HIGHWAY ONE IS MY CURRENT BUSINESS. AND 514 CEDAR DRIVE IS A PIECE OF PROPERTY I JUST PURCHASED. ON THE NORTHEAST CORNER OF U.S. ONE AVENUE D.

AND I WOULD LIKE TO PUT A VETERINARY CLINIC THERE. EVERY SILLY BUT THIS PIECE OF LAND WITH THAT INTENTION. I GUESS I JUST WANTED TO ASK YOU QUESTIONS.

AND WANT TO MAKE SURE IT IS OKAY. >> MAYOR LINDA HUDSON: WHAT YOU NEED TO DO YOU WANT TO HAVE A CONVERSATION NOW. AND HE WILL MAKE NOTES OF THEM

AND WILL TRY AND GET YOUR ANSWERS, HOW ABOUT THAT? >> YOU ARE ALWAYS WORRIED AS A VET CLINIC PEOPLE ARE WORRIED ABOUT THE NOISE YOU WILL GENERATE.

AND IN THIS CASE IT WORKS OUT WELL BECAUSE I HAVE BIG CONCERNS ABOUT THE REAL LINE.

WHEN I AM BUILDING THIS BUILDING TO INSULATE NOISE. SO MY PATIENTS ARE NOT ADVERSELY AFFECTED BY THE TRAIN OR U.S. ONE. THE OTHER SIDE OF THAT IT IS HARD FOR NOISE TO GET OUT. AND REALLY GOING TO BUILD THIS BUILDING IN SUCH A WAY THAT IT MINIMIZES NOISE FROM WITHIN. WE WOULD LIKE TO BUILD AN ARCHITECTURALLY.

AND WHAT FORT PIERCE LOOKS LIKE. I JUST WANTED TO IF THERE IS SOMETHING IN THE NEW PLAN.

THE ORDINANCE THAT WOULD PREVENT ME FROM BUILDING THIS. I WANTED TO GET THE OPPORTUNITY TO RAISE AN OBJECTION. MORE GENERALLY TO GET AN IDEA FALL INSIDE OR OUTSIDE THE

SCOPE, WHAT IS ENCOURAGED OR DISCOURAGED. >> MAYOR LINDA HUDSON: THANK

YOU, SIR. AND STATE THE ADDRESS? >> 513 CEDAR AVENUE.

>> MAYOR LINDA HUDSON: YOU ARE U.S. ONE AND CEDAR? >> EAST SIDE.

[01:25:11]

>> I THINK I KNOW WHAT YOU ARE TALKING ABOUT. THANK YOU, SIR, WE WILL GET

ANSWERS FOR YOU. WHO IS NEXT? >> MY NAME IS HOLLY THAMES I RESIDE AT 419 N. SECOND STREET IN HISTORIC EDGARTOWN DOWNTOWN. LET'S SEE, WE ARE THE THIRD PARCEL AND FROM THE LEFT-HAND SIDE. IS MY PROPERTY.

I APPRECIATE THE WORK CITY STAFF HAS PUT IN CORRECTING THE ORDINANCE AND MAKING THINGS MORE SMOOTHLY MOVING FORWARD. A CONDITIONAL USE IS A GOOD IDEA MOVING FORWARD IN TERMS OF PROTECTING OUR NEIGHBORHOOD. MAKING SURE IT MEANS HISTORICALLY RESIDENTIAL AND COMPATIBLE. THE EXISTING ORDINANCE WAS CREATED IN 2012.

AND BOUGHT MY HOUSE IN 2012. IPHONE THE PROPERTY 11 YEARS. THE REASON I PURCHASED THE PROPERTY WITH THE ORDINANCE. INVESTED MY RETIREMENT MISTAKE IN RESTORING THIS HISTORIC HOME AND I DID MY DUE DILIGENCE. I BOUGHT A CONDO AND AND HOA DOCUMENTS.

I WALKED DOWNTOWN PROPERTY AND READ THE ORDINANCE AND FELT COMFORTABLE IT WAS A GOOD INVESTMENT FOR RETIREMENT MISTAKE AND MY LIFE TO MOVE DOWNTOWN AND LIVE IN THE SUM.

I KNEW THERE WAS A RAILROAD TRACK. I KNEW THERE WAS A CARWASH.

I KNEW IT WAS A DOWNTOWN LOCATION. WHEN I DID MY RENOVATIONS I PUT AND 24 HURRICANE PROOF TURNS. AND INSULATION TOP, BOTTOM AND SIDES.

AND IS LATE MYSELF TO THE BEST OF MY ABILITY AGAINST THE SOUNDS AND NOISE OF LIVING ON THE RAILROAD TRACKS. AND THAT WORKED OUT OKAY UNTIL 2021 THE BAR NEXT DOOR TO ME HAD BANDS UNTIL 10 O'CLOCK AT NIGHT IN VIOLATION OF BOTH THE NOISE ORDINANCE AND THE TIME ORDINANCE. AND, YOU KNOW, IT WAS SO LOUD I CANNOT SIT IN MY HOUSE AND WATCH TELEVISION OR READ WITHOUT IT BEING OVER AND INSIDE MY HOUSE. I CANNOT USE MY OUTDOOR SPACES.

EVENINGS ONE THAT WAS GOING ON. IT REALLY WAS A HARDSHIP. IT IT INCREASE MY - DECREASED MY ABILITY TO USE THE PROPERTY I CALL MY HOME. AND THEN WE WORKED OUT WITH THE CITY THAT THE ORDINANCE WOULD BE ENFORCED IN APRIL 2022. AND ALLOWED MUSIC STUFF.

TWO DAYS LATER A RADIO WHAT UP ON THE STAGE AND PLAYED 10-12 HOURS A DAY SEVEN DAYS A WEEK NINE MONTHS. AND DESPITE REPEATED CALLS TO THE POLICE DEPARTMENT ABOUT THE NOISE THERE WAS NO DECIBEL READING TAKEN UNTIL DECEMBER 2022 WHEN MR MIMMS . ASKED THE POLICE DEPARTMENT TO GET A READING. THAT READING ESTABLISHED THEY WERE OVER THE 60 DB THE OFFICERS SPOKE TO THE BARN EXTRA THEY TURNED THE MUSIC DOWN.

BUT THEY HAD PLAYED IT AT THAT HIGH LEVEL IX MONTHS AS I SAID SEVEN DAYS A WEEK.

WHICH MADE IT DIFFICULT FOR ME TO HAVE COFFEE OUTSIDE. OH, NO.

>> MAYOR LINDA HUDSON: I AM SORRY YOUR THREE MINUTES ARE UP. YOU NEED TO SAY YOUR MOST

IMPORTANT THINGS FIRST BECAUSE THAT GOES BY QUICKLY. >> I CAN'T GET IT THAT QUICKLY.

MY NAME IS CHRISTIAN ANDERSON 106 AVENUE D. SO SIMILAR TO HOLLY I BOUGHT MY HOUSE NOT IN 2012 BUT 2021. BUT I RELIED ON THE SAME ORDINANCE AS SHE.

AND I AM A BIG BELIEVER IN EDGARTOWN. AND JUST TO PUT MY POINT WE HAVE 3000 OKEECHOBEE WHICH IS A PROPERTY RECENTLY THROUGH THE PROCESS OF BEING CHANGED FROM COMMERCIAL TO RESIDENTIAL. AND THEN YOU HAVE GOT OBVIOUSLY KING'S LANDING WHICH IS MOSTLY RESIDENTIAL. YOU HAVE SOME PRESIDENTIAL. THIS MAP IS CONVENIENTLY UP.

IF YOU LOOK TO THE TAN AREA TO THE RIGHT OF THE RED LINE IS EDGARTOWN WHAT YOU THINK IS GOING THERE? WILL THE BETTER TARGET A MCDONALD'S? IT IS A BLOCK FROM THE WATER NEXT TO THE PARK. THEY WILL PUT SOME KIND OF MILLENNIUM BUILDING OR PRESIDENTIAL. IT MAKES SENSE. MY POINT IS IF YOU LOOK AT SECOND STREET AVENUE D THERE IS NO PARKING ON CEDAR. BACCHUS, THERE ARE 19 SPACES ON SECOND STREET FROM BACCHUS TO CEDAR. SO TALK ABOUT BISTROS, OTHER

[01:30:03]

I WOULD HAVE YOU CONSIDER THAT. I WALKED TO DINNER FIVE TIMES A WEEK FROM MY HOME AND I TALKED TO PEOPLE WHO TALK ABOUT BUYING AT KING'S LANDING AND WHAT THE SAME LIFE EXPERIENCE FOR THEMSELVES IN FORT PIERCE. I THINK THAT IS THE DIRECTION WE ARE HEADED AND I WOULD LIKE YOU

TO CONSIDER THAT. BACK FOR YOUR TIME. >> MAYOR LINDA HUDSON: THANK YOU. ANYONE ELSE WISHING TO ADDRESS THE COMMISSION PLEASE COME

FORWARD. >> CAN YOU SAY HIS LAST NAME? >> ANDERSON.

>> 402 N. SECOND STREET. PURCHASED MY PROPERTY INTO 2011. I WAS AN ALTERNATE ON THE PLANNING COMMISSION ONE THAT ORDINANCE WAS PASSED. I ALSO LIKE LISTENING TO LESLIE OLSON WHO STILL CLEARLY STATED, AND WE HAVE GIVEN HIM COPIES OF THIS.

THAT WE DO NOT NEED ARCHI'S IN EDGARTOWN BUT THE CITY HAS ALLOWED ORGIES TO GO INTO EDGARTOWN THIS NEEDS TO BE REMEDIED. WE OWN A BUSINESS OUT OF OUR HOUSE. WE CANNOT TALK TO CLIENTS ON OUR PHONE IF MUSIC IS TOO LOUD AND OVERSHADOWING OUR BUSINESS. ALSO, WE LIKE TO USE OUR YARD AS HOLLY SAID.

WE NEED SOME KIND OF PROTECTIONS AND THIS OVERLAY WAS ARE INJECTION.

WE DID OUR DUE DILIGENCE I WAS ON THE BOARD WHEN THIS PAST. I DID NOT VOTE ON IT BECAUSE I WASN'T ALTERNATE BUT I WAS ON THE BOARD. WHAT NEEDS TO BE ADDRESSED IS THE DBC, THE DECIBEL LEVEL NEEDS TO BE 55. THAT WAY I COULD BE IN MY HELP WITH HURRICANE PROOF WINDOWS AND NOT HERE PIERCE SIDERS SPACE. OBVIOUSLY PIERCE SIDERS IS NOT CARE ABOUT THE NEIGHBORS WE WOULD NOT PUT AN UNPERMITTED STAGE.

AND A RADIO AIMED AT HOLLY'S HOUSE. NOW THEIR HOURS ARE 11 TO 11.

THEY DON'T OPEN AT NIGHT BUT THE RADIO STARTED AT NIGHT I HAVE VIDEO OF THAT.

IF YOU WANT TO SEE THE ANALYSIS AS A NEIGHBOR LOOK BEHIND ME THAT IS WHAT YOU GET.

THANK YOU. >> MAYOR LINDA HUDSON: THANK YOU, SIR.

ANYONE ELSE WISHING TO ADDRESS THIS ISSUE PLEASE COME FORWARD. ANYONE ELSE?

>> HI, CINDY O'CONNELL [INAUDIBLE] THANK YOU FOR MEETING WITH US A COUPLE WEEKS AGO. AND I AM PRETTY SURE YOU KNOW HOW WE FEEL.

AND YOU KNOW WE HAVE A SIGNIFICANT INVESTMENT HERE AND IT WAS ALL BASED ON THE CITY ENTICING US TO SPEND OUR MONEY AND TO WHERE IT IS NOW. AND WE HAVE DONE THAT.

AND WE DON'T FEEL WE ARE BEING PROTECTED. SO WE HOPE THESE CHANGES, ESPECIALLY WHAT OUR ATTORNEY SAID EARLIER TO THE CITY ATTORNEY.

THE 30S TO BE A SITE PLAN. MITIGATING ANY NOISE, THAT KIND OF THING.

WE ARE HAPPY THAT IS COMING IN. WE ARE HAPPY THAT THE CITY HIRED THE NOISE EXPERT AND IN THE PROCESS OF DOING THAT. AND SO BECAUSE EDGARTOWN IS A HISTORIC NEIGHBORHOOD.

A PRETTY SUBSTANTIAL ONE. WE ARE REQUESTING THE DBC SET AT 50.

I THINK IT IS PRETTY OBVIOUS THAT WHEN THE ORDINANCE WAS WRITTEN MOST EVERYBODY KNOWS THIS HISTORIC NEIGHBORHOOD IS SIGNIFICANT TO FORT PIERCE. YES, WE DO HAVE OTHER ONES THAT SHOULD BE CONSIDERED THE SAME. ALTHOUGH THEY ARE A LITTLE BIT DIFFERENT BECAUSE THEY DON'T HAVE COMMERCIAL COMPONENTS. BUT WE JUST ASK WE CAN GET THIS OVER WITH.

AND THAT WE CAN BE PROTECTED. I JUST FEEL THAT A NUMBER OF ACOUSTIC ONLY THAT WAS OUR ONLY PROTECTION. AND WE HAVE NOT BEEN PROTECTED OR NOT.

WE DON'T HAVE ANY VOICE AND IT. AND I KNOW ENFORCEMENT IS A PROBLEM THROUGHOUT THE CITY.

BUT IT IS A HUGE PROBLEM. WE WILL AT LAW ENFORCEMENT HANDLE THAT.

MY HUSBAND SAYS 55 THAT I WOULD LIKE TO SEE IT AT 50. AND I NEED TO PUT ALL THIS

[01:35:05]

BEHIND US SO WE CAN ALL MOVE ON. THANK YOU. >> MAYOR LINDA HUDSON: THANK YOU, VERY MUCH. ANYONE ELSE WISHING TO ADDRESS THE COMMISSION? WHAT ELSE?

WELCOME. >> THANK YOU GOOD EVENING MY NAME IS MARY FRANCISCO FOR THE RECORD I PREVIOUSLY APPEARED ON THIS MATTER I AM THAT ATTORNEY FROM JONES FOSTER 505 S.

BROADWAY DRIVE IN WEST PALM BEACH, FLORIDA. WE BEEN RETAINED BY RESIDENTS IN EDGARTOWN TO EVALUATE THIS ISSUE. AND WE REALLY APPRECIATED THE CITY AND CITY STAFF WORKING WITH US. INCLUDING THE CONDITIONAL USE.

AND I APPRECIATE THE PRESENTATION SOME OF THE OBJECTIVES WE POINTED OUT THERE IS AN ISSUE OF CONCERN SUCH AS 1.9, 6.5 AND 12.1. AS WELL AS POLICY 1.45.7 AND 12.1.1. NOT.1.2. APPRECIATE BEING INCLUDED IN THE PRESENTATION HOWEVER WE DO STILL HAVE CONCERNS THAT THESE POLICIES ARE NOT MET IN THE CURRENT DRAFT. WHEN RESIDENTS MOVED TO EDGARTOWN THE APPRECIATE THE HISTORIC VALUE OF THE AREA. THEY MOVED IN. IN RELIANCE OF THE PROTECTIONS PROVIDED IN THE CURRENT ORDINANCE INCLUDING THE LIMITATION ON ACOUSTIC MUSIC.

THE EDGARTOWN RECOGNIZE THE POSITION THIS CITY HAS BEEN PUTTING IN WANT TO MEET THE CITY IN THE MIDDLE BY ACCEPTING DECIBEL LEVEL LIMITATION MR. THIS ACOUSTIC VERSUS AMPLIFIED.

RESTRICTION. THEY ARE LOOKING FOR LOWER S SOUND.

IN RECOGNITION OF THE HISTORIC VALUE OF THE NEIGHBORHOOD AS WELL INVESTMENT THEY HAVE MADE.

50 DBC SEEMS TO BE THE DOOR GIVEN THAT HISTORIC CHARACTER. HOWEVER, WITH THE CURRENT LEVEL IT IS SAID THE RESIDENTS DON'T FEEL THEY ARE BEING MET THE REST OF THE WAY BY THE CITY.

THAT IS WHY THEY ARE REQUESTING THIS LEVEL. WE WOULD REQUEST THE SPEAKERS AND BUSINESSES IN THAT SITE PLAN. AND THE BUSINESSES GRANDFATHERED IN THE WAKE OF HOMES GIVEN THAT SEEMS TO BE A SOURCE OF A LOT OF HEADACHES, LITERALLY.

AND WE WOULD REQUEST THE MUSIC AT THESE VENUES MOVING FORWARD BE LIMITED FROM HAPPY HOUR 3-FOUR TO 9 :00 P.M. TO BE RESPECTFUL OF THE BUSINESSES THAT ARE NOT ENTERTAINMENT BASED THAT ARE CURRENTLY OPERATING IN THE EDGARTOWN AREA. AND FINALLY, WOULD REQUEST.

WHICH I THINK IS BEEN DISCUSSED MOVING TOWARD BETTER ENFORCEMENT OF THE ORDINANCE.

HOWEVER IT IS DRAFTED BECAUSE WE UNDERSTAND THERE HAS BEEN SOME DIFFICULTY GETTING A DECIBEL RATING OUT THERE AND WE HOPE MOVING FORWARD THAT IS AN EASIER GOAL TO MEET.

WE DO AGAIN GREATLY APPRECIATE THE CITY WORKING WITH US AND HOPE WE CAN CONTINUE TO WORK TOGETHER TO GET THIS ORDINANCE IN A WAY THAT FOSTERS COMPATIBILITY IN THIS AREA.

BECAUSE I THINK THAT IS THE GOAL OF THE OVERLAY. AND I THINK MOVING CLOSER WE ARE

NOT QUITE THERE YET. THANK YOU. >> THANK YOU VERY MUCH.

ANYONE ELSE? ANYONE ELSE WISHING TO ADDRESS THIS ISSUE PLEASE MOVE FORWARD.

ANYONE ELSE? WELCOME. >> JON HOLLY 411 N. SECOND STREET.

APPRECIATE ALL THE WORK PUTTING IN THE DRAFT. IS A BUNCH OF YOU SAID BEFORE DOESN'T SEEM LIKE EITHER SIDE WILL WIN. THE DRAFTED A GOOD JOB OF THAT.

EXCUSE ME. I THINK WE HAVE ALSO REALIZED THERE IS A DECIBEL LEVEL READING SIGNIFICANT MONITOR IS SOMETHING WE NEED TO DO INSTEAD OF ACOUSTIC OR NOT.

WE ALL SEEM TO AGREE ON THAT. AND ANYTIME WE'VE HAD TO DEAL WITH THE DECIBEL RATING.

I HAVE BEEN THERE FIVE YEARS I HAVE HAD TWO COMPLAINTS. ONCE SAID YOU CAN'T HAVE ELECTRIC MUSIC WE TURN IT OFF NEVER HAD A PROBLEM SINCE. ANOTHER ONE BETTER BACKGROUND RADIO PLAYING. WE WERE OFF BY THREE DB OR SOMETHING WITH NO IDEA WHERE WE WERE AT EITHER. WE USE OUR BEST JUDGMENT LEFT IT THERE NEVER HAD A PROBLEM SINCE.

SO 50 DB AND 55, JUST DOESN'T REALLY MAKE SENSE. WE ALL HAVE THAT COURSE.

SO EVERY TIME YOU GO UP IT IS INCREMENTALLY. IS NOT 0 TO 100.

AT 50 DECIBELS, THIS IS PROBABLY OVER 50 DB. 55 WOULD BE THE SAME AS WELL.

PROTECTION NOISE BUT NOT THE SOURCE OF HOW IT IS BEING MADE. THE SAME THING.

[01:40:02]

WE HAVE A PRETTY GOOD TRACK RECORD ANYTIME. IF WE STEPPED OVER THE LINE WE HAVE MADE IT STRAIGHT EVER SINCE. EVERY SINGLE TIME.

TWO TIMES WE WERE WARNED IN FIVE YEARS. AND THERE IS A LOT OF SMALL BUSINESS MEETINGS. I SAW ONE IN HERE LAST WEEK. YOU GUYS ARE LOOKING FOR PEOPLE TO DO THESE. AS I TOLD YOU GUYS BEFORE I HEAR THAT IS WHAT I HAVE BEEN TRYING TO DO. AND THIS IS A WAY TO HELP THAT. I HAVE A CONTRACT IN MY WAREHOUSE I WAS GOING TO USE FURTHER DISTRIBUTION. BUT THE INCOME WAS NOT COMING IN IN ORDER TO KEEP DOING THAT BECAUSE OF THE MUSIC. SO IT IS SLOWLY FALLEN DOWN.

>> MAYOR LINDA HUDSON: THANK YOU, SIR. ANYONE ELSE? ANYONE ELSE? GOING ONCE, GOING TWICE. OKAY. WE ARE CLOSING THE PUBLIC HEARING. MR. FREEMAN I DON'T KNOW IF YOU CAN ANSWER THIS GENTLEMAN'S QUESTION ABOUT HIS PROPERTY BUT CAN YOU GIVE HIM - GET THE COMMISSION SOME KIND OF IDEA OF

WHAT HE NEEDS TO DO? >> ANYTHING LOCATED OUTSIDE OF EDGARTOWN ZONING DISTRICT.

I THINK YOU ARE JUST SUBJECTING NORMAL STANDARDS. THE ZONING CODE.

THE SEE-THROUGH USE WOULD ALLOW WHAT HE IS PROPOSING. AND CAN MEET OUTSIDE OF THIS.

TAKING FURTHER PROCESS QUICK THEY ARE NOT IN EDGARTOWN. YOU NEED TO MEET WITH HIM ON YOUR OWN. SO WE GOT THAT OUT THAT YOUR QUESTIONS ANSWERED, RIGHT?

>> GOOD FOR HIM TO WORK WITH STAFF. >> VERY GOOD TO WORK WITH STAFF.

COMMISSIONER AGAINST YOU WANT TO SAY ANYTHING? >> ARNOLD S. GAINES: I TRY TO BE QUIET HERE. AND LISTEN TO BOTH SIDES. STAFF, MADAM ATTORNEY, I UNDERSTAND EVERYTHING THAT YOU GUYS HAVE TRIED TO DO TO BRING THIS TO IS BOTH SIDES SAID, SOME TYPE OF CONCLUSION. I HAVE ONE SIMPLE QUESTION. BECAUSE WHAT I AM HEARING NOW IS REALLY BOILING DOWN TO SUMMER BETWEEN 60 AND 50. THAT IS WHAT I JUST HEARD TONIGHT. AND I WANT TO MAKE SURE I WROTE IT DOWN RIGHT SO IT IS ON THE RECORD. CORRECT ME IF I AM WRONG. IT IS THE DBC.

DBC AND PAY ATTENTION TO THE PRESENTATION. FOR THE RECORD WE ARE TALKING ABOUT THE BASE, THAT IS THE DBC? MY QUESTION TO STAFF. ONCE I HEARD 55, 50.

THE OTHER SIDE I HAVE HEARD 50/55/60 DOES NOT MATTER. THAT IS WHAT I JUST HEARD.

IS THERE ANYTHING WE CAN DO. SORRY, MADAM ATTORNEY I HAVE GOT TO PUT ON MY HAT AGAIN.

IF WE MEET IN THE MIDDLE, RIGHT? IF WE MEET IN THE MIDDLE AND SAY 55.

AND WE GIVE EDGARTOWN - I KNOW OUR CODE SAYS 50 I UNDERSTAND THAT.

BUT SINCE THIS IS SUCH A DISTRICT THAT BEFORE I SAT HERE 12 YEARS AGO WE CREATED IT.

IF WE MAKE IT 55. JUST GOT IT IN THE MIDDLE NOBODY WINS.

55 CUT IN THE MIDDLE. AND I HEARING, YOU CORRECT ME IF I AM WRONG.

AND I HEARING IS SET SOMETHING BOTH SIDES CAN TRY TO LIVE WITH WITH THE 55? IS THAT SOMETHING LEGALLY WE CAN PUT IN THIS CODE? BECAUSE WHAT I DON'T WANT. I KNOW I SHOOT OFF AT THE MOUTH SOMETIMES. WHAT I DON'T WANT IS SOME OTHER AREA TO COME BACK TO US TALKING ABOUT WAIT A MINUTE, WE DID IT FOR EDGARTOWN. I HAVE THESE CLUBS BEHIND ME ALL NIGHT, ALL NIGHT TALKING ABOUT THIS NOISE LEVELS. SO GOING FORWARD JUST A THOUGHT.

[01:45:06]

ALL OUT. ALL AROUND OUR CITY. THAT WAY IT LOOKS LIKE WE ARE NOT FAVORING ONE GROUP OF RESIDENTS. THE PEOPLE THAT ARE ALSO COMPLAINING ABOUT NOISES I NO EDGARTOWN. BUT EVERYONE ELSE IS LISTENING TO THIS. EVERYONE ELSE LISTENS TO THIS I GET COMPLAINTS OF OTHER PARTS OF FORT PIERCE ABOUT CLUBS GOING ON ALL NIGHT. RIGHT? AND I WILL ASK THE CITY MANAGER GETTING A CALL FROM 55 AT A CALL FROM OVER 60 IS THE SAME CALL WE HAVE TO SEND

SOMEBODY OUT TO CHECK. CORRECT? >> COMMISSIONER GAINS IF WE GET

A CALL WE GO AND CHECK. WE GO AND CHECK. >> ARNOLD S. GAINES: IT DOES

NOT MATTER IF 55 OR 60 IF IT IS OVER YOU GO AND CHECK. >> IF WE GET A CALL FROM A

RESIDENT SAYING SOME SORT OF INCONVENIENCE WE GO AND RESPOND. >> ARNOLD S. GAINES: THANK YOU, SIR, MR. MIMMS. MAYBE I DID NOT PAY ATTENTION TO EVERYTHING ELSE THAT WAS SAYS, I APOLOGIZE. BECAUSE I HEARD BOTH SIDES THAT I NO.

SINCE I HAVE BEEN SITTING IN THIS SEAT. HAVE COME CLOSER THAN THEY HAVE EVER BEEN SINCE I HAVE BEEN SITTING IN THIS STREET WAS SOMEWHERE BETWEEN 60 AND 50.

THERE IS AN OPPORTUNITY FOR STAFF. AN OPPORTUNITY FOR US TO TRY AND COME SOMEWHERE, MEET IN THE MIDDLE SO TO SPEAK. THEN LET EVERYBODY TRY TO SEE IF WE CAN DEAL WITH THAT. THAT IS MY TWO $0.02. I KNOW I THREE MINUTES ARE UP.

BUT I JUST HATE TO SAY THE WORD. THAT I AM TIRED OF DEALING WITH THIS ISSUE BECAUSE THIS IS WHAT I WAS VOTED ON TO DO. HOWEVER, AT A POINT WE HAVE TO LISTEN WHAT WE ARE PRESENTED TONIGHT. THIS IS THE FIRST NIGHT I'VE BEEN SITTING WITH BOTH SIDES BEING HERE. BECAUSE THEY ARE ALWAYS HERE. BOTH SIDES HAVE AGREED ON SOMETHING. I WILL FLY OUT OF THIS CHAIR I WILL BE HONEST WITH YOU.

BOTH SIDES AGREE ON SOMETHING AND INSTEAD OF GIVING EACH SIDE WHAT THEY ARE ASKING FOR.

IF WE SPLIT IN THE MIDDLE MAYBE THAT CAN BE ARE HAPPY MEDIUM. I HAVE TO TAKE THE WORD FROM EVERYBODY WHO CAME. IF THEY ARE SAYING RADIOS WERE GOING A CERTAIN DIRECTION.

THEY SAY NOISE WAS NOT GOING A CERTAIN DIRECTION. I WILL NOT SAY WHO IS TELLING THE TRUTH WHO IS NOT. I DON'T REALLY CARE I WAS NOT THERE.

YOU KNOW. IF THEY GET UP AND SAID I BELIEVE WHAT THEY ARE TELLING ME. SO HOWEVER, YOU KNOW I'M LOOKING AT 55.

AND THAT IS SOMETHING WE CAN DO WITHOUT GETTING IN TROUBLE WITH THE REST OF THE CITY I BET WE

SHOULD LOOK AT IT IN MOVE FROM THERE AND SEE WHAT WE CAN DO. >> MAYOR LINDA HUDSON: ANYONE ELSE WANT TO CHIME IN HERE? COMMISSIONER J. JOHNSON AND THEN COMMISSIONER C. JOHNSON.

>> JEREMIAH JOHNSON: I BELIEVE COMMISSIONER GAINS HAS TOUCHED ON THE PRIMARY ISSUE.

THERE DOES SEEM TO BE SOME DISCUSSION MOVING TOWARD THE MIDDLE.

AND I LOOK AT IT FROM TWO CRITICAL PERSPECTIVES IN THE REDRAFT OF THE SORENESS.

IS THE CONTROL OF THE OUTSIDE AREA. THAT TO ME IS CRITICAL.

800 FT. OF SPACE YOU ARE NOT PLAYING THE MAIN MUSIC HAVE 800 FT. OF SPACE YOU WILL BLOW YOUR PATRONS OFF THE PROPERTY. THAT IS A LOGISTICAL THING. HOWEVER, TO YOUR POINT OF 55.

I THINK IT WAS THE MAYOR WHO COMMENTED ON IT WHEN WE HAVE THE TEST IN A VEHICLE BUT BY THIS VEHICLE WITH THE BASE PLAYING APPLE WOULD BE CONSIDERED 60 DB. AND IT VIBRATED THE ROOM.

WITH THE ELIMINATION THAT HAS THE ORDINANCE DRAFTED. FOR THE ELIMINATION OF THE ACOUSTIC ELEMENT OF THIS I DO BELIEVE A DOWNWARD ADJUSTMENT NEEDS TO BE MADE.

I AGREE WITH COMMISSIONER GAINS SUGGESTION THAT 55 DECIBELS, WHATEVER CATEGORY THAT WAS IN.

DBC. >> ARNOLD S. GAINES: DBC. >> JEREMIAH JOHNSON: I FELT THAT

CLASS IN COLLEGE. >> ARNOLD S. GAINES: DBC. >> JEREMIAH JOHNSON: GOING BACK I BELIEVE THAT WARRANTS THE ATTENTION OF THIS COMMISSION TO IN ESSENCE SATISFIED WITH THE

[01:50:15]

I BELIEVE THE REWRITE OF THE ORDINANCE IS OUTSTANDING. LOT OF THOUGHT HAS BEEN PUT IN THAT I APPLAUD STAFF FOR THAT. COMMISSIONER GAINS I BELIEVE IS CORRECT WITH THE 55 LEVEL.

>> MAYOR LINDA HUDSON: NO COMMISSIONER C. JOHNSON. >> CURTIS JOHNSON, JR.: STAFF, THANK YOU. EVERYBODY I THINK IS FANTASTIC. COMMISSIONER KELSI HIT ON SOMETHING THAT HAS BECOME A GROWING CONCERN THROUGHOUT THIS DOMAIN WE CALL ONE FOR PEERS.

AND I AM GLAD WE HAD THIS OPPORTUNITY OVER THESE LAST 6-SEVEN MONTHS TO LISTEN TO RESIDENTS. CERTAINLY APPRECIATE THE INVESTMENT THEY HAVE MADE IN THAT AREA TO BRING THAT UP THERE. AND DOES I WAS SITTING HERE.

I THINK WHEN WE FOCUS ON THAT IS WHAT WE HEARD. THERE IS A NUMBER RANGE HERE.

NUMBER ONE, MEASURABLE. SO OUR ABILITY TO MEASURE IS I THINK ABSOLUTELY CRITICAL.

THERE ARE RESIDENTS THAT HAVE CONTACTED ME THAT LIVE OUTSIDE OF THIS AREA.

THAT CLEARLY VIOLATIONS OF 60 DB OR WAIT ABOUT THAT. ON RESET HERE THAT TAKE THAT CALL WAS NOT EMITTING 60 DB I WOULD BEG TO ARGUE. THAT WAS CLOSER TO 120.

BECAUSE ANYTHING SHAKING ON THAT CAR PASSED ON THE SIDE OF THIS CONCRETE WALL.

I WOULD ANYTHING WE ARE DOING TO PUT OUR CITY INTO A SCOPE THAT WORKS FOR ALL OF FORT PIERCE.

I CERTAINLY APPRECIATED EDGARTOWN HAS THE SPECIAL DISTRICT AND WE ARE MEETING IN THE MIDDLE NOW TO DEAL WITH SOMETHING WE BEEN STRUGGLING WITH TRYING TO QUANTIFY AND IDENTIFY THIS ACOUSTIC MUSIC CLASSIFICATION. I AM A MEASURABLE PERSON UNLIKE DATA. DATA SPEAKS LOUDER THAN ANYTHING THEY ARE FACTS.

IF MUSIC IS EMITTING SOUND THAT VIBRATES, THAT DBC LEVEL IS GOING TO GO UP AS OPPOSED TO NON-HEAVY BASE LADEN MUSIC. WHICH PROBABLY WOULD GET BY AT AN AUDIBLE LESS LEVEL.

I THINK AS WE LOOK AT THIS IT IS UP TO THE COMMISSION TO MAKE ADJUSTMENTS TO THAT.

I CERTAINLY SUPPORT SOMETHING 55. I THINK THAT IS A GREAT COMPROMISE. I JUST HAVE A QUESTION FOR STAFF.

55 TO 60. RIGHT NOW 60 THAT IS HOW WE GOT HERE?

>> CORRECT. WE TOOK OUT SPECIFIC MEASURE OF DBA, DBC FROM THE EDGARTOWN SETTLEMENT DISTRICT AND APPLIED WHAT STAFF FELT WAS A FAIR AND MEASURABLE POINT.

AND WHAT HAS BEEN APPLIED CITYWIDE IN THE MOMENT. SO IF THE COMMISSION DECIDED

THEY WANTED TO REDUCE 60 TO 55 IN CERTAIN MEASUREMENTS. >> CURTIS JOHNSON, JR.: FREIGHT.

>> OF WHAT REQUIRE A CHANGE TO THE CITY'S NOISE ORDINANCE. THAT NECESSARILY EDGARTOWN

SETTLEMENT ZONING ORDINANCE. >> RATE. >> IT REFERENCES THIS NOISE ORDINANCE BY REFERENCE. SO OUTSIDE OF THE EDGARTOWN CODE WE DIFFER TO WHATEVER THE CITY.

>> CURTIS JOHNSON, JR.: IN THE 60. >> IT COULD BE UNIQUE TO EDGARTOWN. OR THE WAY YOU HAVE IT NOW IT IS CITYWIDE.

>> CURTIS JOHNSON, JR.: CITYWIDE, OKAY. LAST POINT AND I WILL MAKE THIS.

AS COMMISSIONERS, MAYOR. AS WE LOOK AT THIS, THIS COMES DOWN TO A POINT.

AND I EMPTY FOR THE RECORD, ENFORCEMENT. AND OUR ABILITY TO MEASURE THIS.

I AM ASSUMING THAT CONVERSATION THAT WILL COME ON THIS IS IF WE HAVE THE APPROPRIATE EQUIPMENT TO LOWER THIS. THAT IS NOT HAVE TO BE ANSWERED TONIGHT BUT THAT IS SOMETHING TO PROVIDE THAT VALID MEASUREMENT. 60/55. WHATEVER WE SAY WE HAVE GOT TO LOOK AT MEASUREMENT BUT ALSO PUTTING MUSCLE BEHIND IT TO MAKE SURE IT IS IN FORCE.

INCLUDING CODE VIOLATIONS WHERE WE GET CALLS FROM CITIZENS AND POLICE ARE SHOWING UP THERE.

[01:55:04]

REMEMBER I FIND WAS. I JUST WANT IT ENFORCED. SO WE HAVE THAT PROTECTION FOR

ALL CITIZENS AND THE CITY OF FORT PIERCE. >> MAYOR LINDA HUDSON: MR. J.

JOHNSON. >> JEREMIAH JOHNSON: I LIKE WHERE THE CONVERSATION IS GOING.

I LOOK AT THE CITY AS A WHOLE BUT LOOKING TO FINITE OVERLY DISTRICT THAT HAVE BEEN INCORPORATED WITHIN THE CITY OVER THE YEARS. BASED ON A NUMBER OF CHANGES WHICH I ALLUDED TO BEFORE. AND IT HAS TO DO WITH HISTORIC NEIGHBORHOODS.

THAT WERE GENERALLY INSTRUCTED WITH CERTAIN. WHETHER IT WAS CONSTRUCTION MATERIALS AT THE TIME. OF BEING BUILT AND GOING VERTICAL OR JUST BASED ON CITY REGULATIONS. WITHIN A SETTLEMENT DISTRICT LIKE THIS.

WHICH IS DIFFERENT THAN THE REST OF THE CITY THAT IS WHY I BROUGHT UP THE THREE DIFFERENT CONDITIONS. IN REGARDS TO THE STANDARD LOT IN THE COTTAGE STYLE AND THE ROADHOUSE STYLE. AND THE SETBACKS THAT ARE DIFFERENT WITHIN THIS SPECIFIC ZONE OF OUR CITY. AND THAT WAS NO CAUSED BY ANY CITY.

THAT 100 YEARS AGO. JUST A LITTLE LESS THAN THAT. WE ARE DEALING WITH THAT 2023.

AND THAT IS WHERE I AM RELATING MY COMMENTS TO SPECIFICALLY RELATED TO NOISE.

I THINK THE EDGARTOWN SETTLEMENT OVERLAY. WHILE I AGREE WITH IT IN GENERAL AGREEMENT WITH THE CITY NOISE ORDINANCE. I THINK IT SHOULD BE MORE RESTRICTIVE. THIS SPECIFIC OVERLAY DISTRICT. SO THAT ONE I HAVE TO WORK THROUGH AND HAVE NOTES ON THAT. I ALSO WANT TO GO THROUGH BACK TO WHAT I WAS STATING BEFORE.

IF YOU GO TO THE ORDINANCE SPECIFICALLY. I WANT TO MAKE SURE WE ARE NOT DOING SOMETHING THAT I DID NOT CATCH EARLIER. I DID NOT CATCH THIS.

GO TO BOTTOM OF THE PAGE. KEEP GOING. VARIANCES.

THEY SAY THE HISTORIC VARIATION BOARD CAN WAVE CONDITIONS THE SUBDIVISION DIVISIONAL STANDARDS. SO MR. FREEMAN IS OF THE HISTORIC PRESERVATION BOARD CAN TAKE ON AN APPLICATION AND WAVE THE DIMENSIONAL STANDARDS? THOSE QUESTIONS IS THAT WHAT THAT IS

SAYING? >> I AM NOT SURE THE ZONING DISTRICT THAT ALLOWS THAT.

IS A QUESTION FOR YOU LEGALLY? I ALMOST FEEL LIKE THAT SHOULD SAY WITH RECOMMENDATION FOR THE

HISTORIC PRESERVATION AND THE COUNTY COMMISSION. >> I SAY THIS MUCH ON THE HISTORIC PRESERVATION BOARD APPROVES CERTIFICATE OF APPROPRIATENESS THEY CAN IMPROVE THE VARIOUS CONCURRENT WITH THAT. SO THEY DO IT - I DON'T WANT TO SAY ALL THE TIME BUT THEY DO IT AS A ROUTINE PART OF THEIR BUSINESS.

SO THIS IS NOT INCONSISTENT WITH HISTORIC PRESERVATION ORDINANCE. >> I FEEL BETTER ABOUT THAT ONE.

I JUST WANT TO MAKE SURE IT IS CONSISTENT. I JUST WANT TO MAKE SURE IT WAS CONSISTENT. AND I THINK WE TALKED ABOUT THAT BUT IT IS BEEN A MONTH OR TWO.

>> A LOT HAS HAPPENED. >> WE CAN GO TO PAGE 20. AND WE GET INTO THE TOP OF PAGE 20. THERE'S THE PARKING ORDINANCE I WAS LOOKING FOR.

YOU KNOW, COMMISSIONERS, IF YOU ARE OKAY WITH THE PARKING ELEMENTS THAT ARE HERE.

I AM FAIRLY COMFORTABLE WITH THEM IS AS OFFSTREET PARKING IS NOT REQUIRED.

AS RELATED TO DOWNTOWN. THE NEXT BULLET FIVE DOES TALK ABOUT IF IT ON STREET PARKING IS NOT PRESENT. THAT WE WILL GET INTO THE ELEMENTS OF THOSE CONDITIONAL USES THAT COME FORWARD. I WOULD IMAGINE WITH DIFFERENT ELEMENTS ON THE APPLICATION.

IS THAT ACCURATE MR. FREEMAN? >> YES. >> THE APPLICANT WOULD BE REQUIRED TO COME FORTH WITH THE PLAN. WE DON'T HAVE ON STREET PARKING.

SO WE WILL MAKE AMENDMENTS WITH CITY APPROVALS TO ADJUST FOR THAT

>> THEY CAN DO BOTH, APPLY ON STREET PARKING. OR THEY CAN VARY WILL ASK

[02:00:07]

>> MEASURES AND BRING THIS UP. WITH MY THOUGHTS BECAUSE WATCHING OUR CITY GROW.

AND WE ARE WATCHING THE LENS OF DOWNTOWN START TO STRETCH. AND I AM VERY EXCITED ABOUT THAT AND I THINK THE FOLKS IN THIS ROOM ARE EXCITED ABOUT IT. I JUST WANT TO MAKE SURE IT IS COMPATIBLE WITH THE EXISTING BUSINESSES, HOMES, STRUCTURES, RESIDENTS WHATEVER IT MAY BE.

THAT ARE THERE TODAY. COMPATIBILITY. I THINK THIS ONE NUMBER SIX.

TO GET BROUGHT OVER FROM THE PREVIOUS THAT IS BASICALLY THE SAME? SO THAT IS ANOTHER ELEMENT THAT I STRUGGLE WITH. AND MY QUESTION TO YOU WOULD BE ON THE LEGAL PERSPECTIVE.

IT IS COMMON LANGUAGE AS BEING BY A REASONABLE PERSON ON THE FRONTLINE.

IS THAT COMMON LANGUAGE? >> ATT. TANYA EARLEY: YES. THE WAY THE ORDINANCE EXISTS RIGHT NOW. THERE IS NO SUCH LANGUAGE. NO ADVERSE EFFECTS TO NEIGHBORING PROPERTY. WHICH IS SOMEWHAT VAGUE. AND THIS TIES IT TO A STANDARD THAT IS OFTEN USED IN THE LAW. IT IS NOT AN EASY STANDARD AND THERE CAN BE ARGUMENTS ABOUT IT.

BUT IT IS BETTER THAN WHAT WE HAVE NOW WHICH IS NO STANDARD AND POSSIBLY COULD CREATE LEGAL ISSUES IF WE TRY TO ENFORCE IT. WHAT YOU AND I TALKED ABOUT IT IF YOU MONTHS AGO NOW.

>> JEREMIAH JOHNSON: WE TALKED ABOUT THAT AT ON TO CLEAR UP THE LANGUAGE THAT IS WHAT YOU JUST SAID. LET'S SEE. THE REST OF IT I AM OKAY WITH.

I WANT TO GO BACK TO THE SOUND PARAMETERS. I DON'T WANT TO MIX IN THE ENTIRE NOISE ORDINANCE OF THE CITY OF FORT PIERCE AND THIS OVERLAY.

WHICH I AM NOT AGREEING TO. IF WE STANDARDIZE IT TO THE CITY'S REGULATIONS ARE TODAY LET'S STANDARDIZE IT. I AM NOT SAYING I AGREE WITH THAT BUT COMMON SENSE TELLS ME IF IT WILL BE STANDARD MAKE IT STANDARD. IF NOT STANDARD THEN WE NEED TO MAKE SOME ADJUSTMENTS TO EVERY ELEMENT OF IT. WHICH IS SETBACKS, STRUCTURE SIZES. ROCK COVERAGES. AND NOISE.

YOU KNOW ETCETERA, ETCETERA THAT IS WHERE I AM COMING FROM. I HEARD A FEW DIFFERENT THINGS TODAY. I'M OF THE OPINION THAT WE SHOULD IDENTIFY SPECIFICALLY THE DBA, DBC OR DBC NOISE ELEMENTS WITHIN AND SPECIFY A NUMBER. THAT IS WHERE I AM AT I WANTED TO SHARE THAT WITH YOU ALL. HEARING THAT FROM EVERYONE SPECIFICALLY.

>> SO I DON'T EXACTLY UNDERSTAND THAT I WILL ASK MS. MATEUSZ SZPIN A QUESTION.

>> MAYOR LINDA HUDSON: IF THERE IS A DIFFERENT NUMBER IN EDGARTOWN THAN THE REST OF THE CITY. IS THAT SOMETHING THAT BECAUSE OF THE SPECIAL DISTRICT.

IS THERE SOMETHING THAT CAN WITHSTAND THIS CHALLENGE? >> I ALWAYS SAY THIS I WILL NEVER PREDICT EXACTLY WHAT THE COURT WILL DO, MAYOR. BUT, IF YOU ARE LOOKING AT IT FROM THE POINT OF VIEW OF A RATIONAL BASIS TEST. YOU RECEIVED EXPERT TESTIMONY OR EXPERT. YOU HAD AN EXPERT WORKSHOP. AND YOU HAD THE SOUND LEVELS DEMONSTRATED FOR YOU AT DIFFERENT LEVELS. YOU HAVE A DISTRICT THAT IS HISTORIC IN NATURE. THERE IS SOME INFORMATION IN THE RECORD THAT THE LOTS ARE FAIRLY CLOSE TOGETHER. THERE IS INFORMATION IN THE RECORD THESE ARE HISTORIC STRUCTURES. AND THEREFORE NO ONE HAS BROUGHT THIS UP BUT POSSIBLY LESS INSULATED THAN BUILDINGS BUILT IN THE 21ST CENTURY. SO, PUTTING ALL OF THAT TOGETHER IT IS POSSIBLE TO DO A DIFFERENT DECIBEL LEVEL FOR THIS PARTICULAR ZONING DISTRICT.

A COUPLE THINGS TO KEEP IN MIND. NUMBER ONE IS RIGHT NOW THE CHANGES TO BASICALLY ESTABLISHMENTS THAT MAY SERVE ALCOHOL. CAN YOU PULL UP THE CHART ON PAGE 21 PLEASE? THANK YOU. SO SCROLL DOWN A LITTLE BIT. RIGHT NOW YOU ARE LOOKING AT

[02:05:04]

NOW THE SUBCATEGORIES APPLY ONLY TO YOUR THREE TYPES OF ESTABLISHMENTS.

YOUR EATING AND DRINKING ESTABLISHMENTS INCLUDING GROUP HOMES, NEIGHBORHOOD BISTROS AND WINE AND CIGAR BARS. SO THE QUESTION IS IS THE COMMISSION WANTING TO SET A DIFFERENT DECIBEL LIMIT FOR THESE THREE TYPES OF ESTABLISHMENTS? OR FOR ALL BUSINESSES OPERATING IN EDGARTOWN? THAT IS A DECISION YOU WOULD HAVE TO MAKE.

SECONDARY TO THAT THE COMMISSION WOULD HAVE TO MAKE A DECISION AS TO WHETHER OR NOT YOU WANT TO PUT THE CHANGE HERE IN THE EDGARTOWN ZONING ORDINANCE OR WHETHER OR NOT YOU WOULD WANT TO CHANGE THE NOISE ORDINANCE. I WOULD SUBMIT TO YOU IT IS IN THE FUTURE.

IF THAT IS WHAT THE COMMISSION DECIDES ON TO PUT ALL THE REQUIREMENTS IN ONE PLACE.

RIGHT NOW YOU SEE EVERY OTHER REQUIREMENT IN TERMS OF MAXIMUM SQUARE FOOTAGE.

IN TERMS OF HOURS OF OPERATION, ETCETERA I WOULD PUT IT HERE.

SO THERE ARE STILL SOME DECISIONS THAT NEED TO BE MADE. >> MAYOR LINDA HUDSON: THAT HELPS ME. ONE OF THE THINGS I WANTED TO STRESS IS HOW LONG THIS HAS TAKEN FOR ALL OF US TO DEAL WITH THIS. AND I THINK THAT HAS - THAT IS A PRODUCT OF THE FACT THAT WE ARE TRYING TO GET IT RIGHT. WE ARE TRYING TO GET IT RIGHT AND I NO IT HAS BEEN INCONVENIENT AND I NO IT HAS BEEN A PROBLEM FOR ALL PARTIES.

AND WE RECOGNIZE THAT. BUT WE REALLY TRULY ARE ALL TRYING TO GET IT RIGHT.

AND NONE OF US WERE UP HERE WHEN THIS ORDINANCE WAS FORMED. AND I DON'T FAULT THE OVERLAY DISTRICT AT ALL BECAUSE IT WORKED. IT WORKED IT TOOK EDGARTOWN FROM A PLACE THAT WAS RUN DOWN AND BLIGHTED AND CREATED A VERY VIBRANT NEIGHBORHOOD.

SO WE CAN SAY IT WAS A GREAT IDEA. AND THE NEIGHBORS WHO LIVED THERE AND THEN AND WERE GOING TO LIVE THERE WORKED ON THIS ORDINANCE.

AND TRIED TO AVOID THIS ISSUE WITH THE ACOUSTIC REQUIREMENT. AND THE ACOUSTIC ISSUE WE HAVE DISCOVERED WE CANNOT USE ANY LONGER. WE CANNOT USE IT WE HAVE GOT TO COME UP WITH SOMETHING THAT IS AS CLOSE AS POSSIBLE TO TRY AND MAKE IT LIVABLE FOR THE PEOPLE WHO LIVED THERE. AND WE WANT IT TO BE PROFITABLE FOR THE PEOPLE WHO WORK IN THIS ESTABLISHMENT TO THE BEST OF OUR ABILITY. WE WANT TO RESTORE GOOD FEELINGS. THIS IS A NEIGHBORHOOD. THIS IS A UNIQUE NEIGHBORHOOD.

AND SOMETIMES THINGS GET OUT OF HAND WHEN THERE IS ALCOHOL INVOLVED WE ALL KNOW THAT.

SO THINGS - PEOPLE DON'T ALWAYS ACT AT MIDNIGHT THE SAME THEY WOULD AT 10 O'CLOCK THE NEXT MORNING. I DON'T KNOW THAT FOR A FACT BUT I HAVE HEARD ABOUT THAT.

[LAUGHTER] AND I SAY THAT BECAUSE SOME OF THE THINGS THAT ARE NOT BROUGHT UP HERE ARE THINGS LIKE PARKING AND LATE NIGHTS AND LOUD VOICES. AND LOUD SINGING AND PEOPLE OBVIOUSLY HAVING A GOOD TIME. HONESTLY, THIS NEIGHBORHOOD WAS MEANT TO BE HUSTLE AND BUSTLE.

IT WAS NOT MEANT TO BE A QUIET SUBURBAN NEIGHBORHOOD. IT WAS SOMETHING CLOSE BETWEEN URBAN AND DOWNTOWN. IT WAS A BUFFER NEIGHBORHOOD AND A HISTORIC NEIGHBORHOOD WITH OLD BUILDINGS THAT NEED TO BE RESPECTED. AND PEOPLE HAVE LOVINGLY RESTORED THEM INCLUDING THE ESTABLISHMENT THAT IS MAKING THE MUSIC HAS BEEN LOVINGLY RESTORED. ALL OF IT HAS. WE ARE TRYING TO APPROACH THE BEST POSSIBLE SOLUTION TO THIS. WHAT WE TRY TO MEET IN THE MIDDLE.

BUT I DO THINK THAT IT WAS SAID MINDFUL OF ENFORCEMENT. AND MINDFUL OF CORRECT ENFORCEMENT. AND HOW MUCH WE WOULD EXPECT. AND I PRESUME IT IS OUR POLICE DEPARTMENT. WE HAVE TO GO OUT AND MEASURE THE DECIBEL LEVEL AND THEY WOULD

[02:10:11]

I DON'T KNOW HOW THAT WORKS. >> IT OUT OF THE PARAMETERS OF INSPECTION BUT THE POLICE

DEPARTMENT ARE EXPERTS. >> MAYOR LINDA HUDSON: THE EQUIPMENT IS NOT CODE IT IS THE POLICE DEPARTMENT IS THAT CORRECT? I THINK WE OUGHT TO BE MINDFUL WE HAVE SOMETHING THAT IS MEASURABLE. AND THAT CAN BE ENFORCED. AND THAT THE ESTABLISHMENT CAN'T ESTIMATE WHAT THEY ARE DOING. SO THEY CAN COMPLY. SO THAT THEY CAN COMPLY BECAUSE THEY WANT TO COMPLY. AND I ASSUME THEY WANT TO BE GOOD NEIGHBORS.

SO THE NEIGHBORS CAN FEEL COMFORTABLE THAT THE LAW IS BEING FOLLOWED AND ENFORCED.

AND I THINK THAT IS PROBABLY A MAGICAL THINK THAT CAN NEVER HAPPEN PERFECTLY WE CAN TRY.

SO IS THAT WHERE YOU WERE GOING WITH THE DIFFERENT DECIBEL LEVEL FOR EDGARTOWN THAN THE REST OF

THE CITY? ARE TRYING TO SEE WHERE YOU ARE GOING FROM THAT. >> YES SPECIFIC LEVELS.

>> MADAM MAYOR, REAL QUICK. WITH COMMISSIONER JEREMIAH JOHNSON'S COMMENTS, AND WITH THE SETBACKS AND EVERYTHING'S. I UNDERSTAND WE HAVE ALREADY CREATED THIS HISTORIC OVERLAY.

I UNDERSTAND PUTTING IT HERE. TONIGHT. BUT I HAVE A CONCERN BECAUSE I NO THERE ARE OTHER PROBLEMS OUTSIDE OF EDGARTOWN WITH NOISE. EVEN IF WE DON'T ADDRESS IT TONIGHT IT WILL COME BACK UP. I WANT TO SAY I UNDERSTAND THE SETBACKS AND EVERYTHING.

IF WE ARE GOING TO DO IT IT IS PROPER TO DO IT HERE. THAT IS SOMETHING WE NEED TO LOOK AT AS A COMMISSION. ESPECIALLY BEFORE ALL THIS OTHER DOWNTOWN.

ENTERTAINMENT WE NEED TO LOOK AT IT. SECOND THING SOMETHING MADAM ATTORNEY SAID. IF WE ARE GOING TO DO THIS, GETTING AND READING THE TEA LEAVES RIGHT AND LOWER THIS NUMBER THE SHOULD BE THE NUMBER IN EDGARTOWN FOR EVERYTHING.

NOT JUST THESE THREE PEOPLE THAT SHOULD BE THE NUMBER IN EDGARTOWN.

AND EVERYONE IN EVERY TOWN THAT GOES BY THIS NUMBER. NOT THE BARS OR WHATEVER.

BECAUSE WHAT I DON'T WANT IS SOMEBODY GO OVER THERE AND HAVE A BIG PARTY.

AND THEN THEY SAY YOU KNOW WHAT? I AM AT 60 STILL AT 60 AND EVERYONE ELSE IS 55.

IF WE WILL DO IT SINCE WE HAVE ALL THESE OTHER CONDITIONS IN THIS AREA.

LET'S MAKE IT FOR EVERYBODY. I DON'T WANT TO LOOK AT STAFF RIGHT NOW I KNOW HOW HARD THE STAFF WORKED ON THIS. I JUST TRYING TO MAKE IT SIMPLE AND EASY.

SO I DON'T HAVE TO COME BACK. WE HAVE TO SIT HERE AND I HAVE ONE NEIGHBOR MAD AT ANOTHER NEIGHBOR. BECAUSE THEY HAD A PARTY. AND ONE NEIGHBOR IS SAYING 55 AND ANOTHER NEIGHBOR IS SAYING I AM NOT A BREWING FACILITY, RESTAURANT, PUB AND I TURNED MY MUSIC ON TO 60. IF WE WILL DO IT WHATEVER NUMBER MAKE IT FOR EVERYBODY MAKE IT SIMPLE. JUST MAKE IT SIMPLE FOR EVERYBODY.

WE HAVE ALREADY MADE OTHER ACCOMMODATIONS. LIKE COMMISSIONER JOHNSON SAID WITH THE SETBACKS LET'S JUST MAKE IT ACROSS THE BOARD. UNIQUE TO EDGARTOWN AND SEE IF EVERYBODY CAN JUST GET ALONG. BECAUSE SET PRECEDENT ON OTHERS, WE DEAL WITH IT AT THAT TIME.

WE HAVE ALREADY CREATED SUCH A DISTRICT AND EVERYTHING ELSE. WILL WE HAVE IT MAKE IT SIMPLE FOR EVERYBODY. THERE IS NO DISTINCTION IF 50, 55 WHATEVER IT WILL BE.

EVERYBODY KNOWS THAT EVERYBODY MOVES FORWARD. AND IT MAKES IT EASIER ON THE STAFF. ON OUR SIDE AS FAR AS THE POLICE DEPARTMENT OR WHATEVER THE CITY MANAGER HAS TO SEND OUT. THEY ARE NOT GOING OUT TO THIS PART OF EDGARTOWN READING 55 AND ANOTHER PART READING 60. THAT IS LUDICROUS TO ME BUT THAT TO THE POLICE OFFICERS.

HOPEFULLY WE WON'T. WE WON'T GET ANY COMPLAINTS THAT IS WHAT I AM TRYING.

[02:15:15]

ONE OF THE BEST DOWNTOWNS IN THE STATE OF FLORIDA. THAT IS MY $0.02.

>> MADAM MAYOR? >> MAYOR LINDA HUDSON: YES. >> AND FORGIVE ME IF I AM WRONG.

FOR EACH ONE THOSE OF THE MODIFICATIONS OF THOSE TWO. I JUST WANT TO MAKE SURE.

I WAS TRYING TO GO BACK AND FORTH AND DID THE COMPARATIVE. I DID THIS BEFORE JUST DID NOT TAKE NOTES ON THE SPECIFICALLY. YOU KNOW, WHATEVER THE CONDITIONS ARE THERE ARE CONDITIONAL USES. THERE IS SECTION J OF NUMBER NINE.

NUMBER 9J THIRD DIFFERENT STANDARDS. THERE IS LOCATION FROM BROADWAY ETCETERA, ETCETERA THOSE ARE DIFFERENCES. BUT THE INDOOR AND OUTDOOR STAYS

THE SAME. >> YES. >> [INAUDIBLE]

>> EVERYTHING ELSE I AM FINE WITH IF WE MEET IN THE MIDDLE WE SHOULD BE GOOD.

>> MAYOR LINDA HUDSON: MOVING FORWARD WE SHOULD BE. MOVING FORWARD WITH CONDITIONAL

USE WE SHOULD BE GOOD. >> ONE QUICK COMMENT. CLEARLY I THINK IT NEEDS TO BE ACROSS THE BOARD APPLICABLE TO THE ENTIRE EDGARTOWN DISTRICT. HAVING 60 HERE IN 55 THERE MAKES NO SENSE. AND I THINK A FAIR COMPROMISE FROM ALL PARTIES.

NOBODY WILL WALK AWAY ONE AND HAPPY. I THINK THIS IS AN EQUITABLE SOLUTION TO A VERY DIFFICULT CIRCUMSTANCE AND ENFORCEMENT HAVE BECOME THE KEY ULTIMATELY.

BUT I AGREE WITH COMMISSIONER GAINES. THE SUGGESTION TO MAKE IT GLOBAL

THROUGHOUT EDGARTOWN OVERLAY. >> MAYOR LINDA HUDSON: MOVING FORWARD I BELIEVE COMMI-- CONDIL

USE MOVING FORWARD >> THAT IS THE KEY TO THIS ENTIRE ENDEAVOR.

THE ADJUSTMENT OF THE DECIMAL THINK. FOR TODAY'S DISCUSSION FOR YEARS AHEAD. THE CONDITIONAL USE PROCEDURES ARE THE UNDERPINNINGS OF MAKING

THIS WORK. >> MADAM MAYOR I AM FINE WITH THAT.

UNILATERALLY DECIDE AND CONSISTENT ACROSS THE BOARD. I WANT TO SAY THIS AGAIN.

IN MY OPINION AND WHEN I HEAR THIS ACTING ON EDGARTOWN WHATEVER THAT NUMBER IS.

I THINK WE NEED TO LOOK AT OUR CITY BEYOND THAT. BECAUSE IF WE SPEAK ABOUT SETBACKS AND LACK OF SETBACKS I SHOULD USE ZONING THAT IS TOTALLY INAPPROPRIATE RIGHT NOW.

HOUSES LIVING IN THINGS DEEMED COMMERCIAL. AND MUSIC EMITTING FROM THEM WILL BE ON THIS. SO I CAN TELL YOU COMMISSIONERS. MY CONCERN AND WHAT I AM HEARING FROM MY DISTRICT RESIDENT SPECIFICALLY ON THIS. IF WE COME IN AND 55.

WE SHOULD DO 55 THROUGHOUT THE CITY. WHATEVER THAT NUMBER IS.

ANYTHING. I THINK IT GIVES A FAIR READING TO EVERY PART OF THIS.

RIGHT NOW TALKING ABOUT EDGARTOWN AND I FIND. WHATEVER NUMBER WE COME WITH.

>> WE SHOULD MAKE IT OUR POLICE DEPARTMENT WILL BE BUSY. >> MADAM MAYOR IF I MAY.

I JUST WANT TWO BOYS I WANTED TO MAKE. SO, IF THE COMMISSION IS MOVING TOWARDS SETTING A STANDARD FOR THE ENTIRE EDGARTOWN ZONING DISTRICT.

AS A DRAFTING ISSUE I WOULD RECOMMEND PUTTING THAT IN ITS OWN SECTION.

YOU CAN MAKE REFERENCE TO IT IN AS MR. FREEMAN HAS BUT APPEAR. I THINK THERE IS A SECTION THAT COMMISSIONER J. JOHNSON SAID ABOUT PROPERTY. AND PUT IT SOMEWHERE.

THAT IS JUST A DRAFTING ISSUE. SINCE THE CITYWIDE ORDINANCE WAS BROUGHT UP I JUST POINT OUT THAT WE DID HAVE AN EXPERT COME AND MAKE A PRESENTATION TO THE COMMISSION.

YOU MAY WANT TO CONSIDER THAT TYPE OF ANALYSIS IF YOU ARE WANTING TO DO SOMETHING BROADER.

I THINK HIS GOAL WAS REALLY - WHAT HIS PRESENTATION WAS MORE GEARED TOWARD THE BASICS OF SOUND AND SAMPLES FOR THE COMMISSION. I WOULD URGE CAUTION

[02:20:19]

>> THE BROAD BRUSH RIGHT NOW. >> YES, MA'AM. THOSE ARE TWO THINGS I WOULD

POINT OUT. >> AND HAVE NOT THOUGHT IT THROUGH YET AND HAVE NOT STUDIED

IT YET. >> AND FINALLY, I WOULD SAY IF THE COMMISSION IS INCLINED TO CHOOSE A DIFFERENT NUMBER THAN THE NOISE ORDINANCE. I DO BELIEVE THE EXPERT INFORMATION WAS THE DBC SET AT A CERTAIN LEVEL NECESSARILY BRINGS DOWN THE DBA LEVEL.

SO I JUST WANTED TO REMIND THE COMMISSION TO CONSIDER THAT IN YOUR DISCUSSIONS.

>> MAYOR LINDA HUDSON: WHICH MEANS WHAT? >> THIS IS MY SUMMARY OF IT IN YOU CAN CERTAINLY GO BACK AND WATCH IT BETWEEN FIRST AND SECOND READING.

BUT I BELIEVE THE INFORMATION PRESENTED WAS OUR DBC LEVEL THAT MEASURES THE BASE IS FAIRLY RESTRICTIVE. AND THE WAY IT IS SET 60 DBC IN ORDER TO COMPLY WITH THAT 60 DBC YOU ARE LOOKING AT A LOWER DBA LEVEL TO MEET THE 60 DBC. SOMETHING MEETING THAT 60 DBC LEVEL MIGHT BE SOMEWHERE IN THE 50S AS FAR AS A DBA MEASUREMENT. I JUST WANTED TO POINT THAT OUT.

AND THAT COULD BE PORT ST. LUCIE HAS NOISE SET AT 60 DBC BUT 50 DBA WHICH IS PROBABLY MORE REPRESENTATIVE OF THE DIFFERENTIAL AND HOW THE MEASUREMENTS WORK.

I AM NOT AN EXPERT JUST WANTED TO REMIND YOU. >> IF MADAM MAYOR I BROUGHT UP YOUR PRESENTATION. AND JUST THE WORD. WHEN HE PLAYED THOSE MUSIC CLIPS FOR US. I-63 LET ME JUST TALK NUMBERS. 63 DBC MEASURED AT 60 DB EIGHT AND ONE MEASURE. 60 DBC AT 60 DBA AND ANOTHER WHICH IS WHAT SHE JUST SAID.

SO WHAT I AM SAYING AND PORT ST. LUCIE AND OTHER JURISDICTIONS. WHILE THAT IS THE MEASUREMENT PART THE REGULATION IS ACTUALLY THE INVERSE. THEY HAVE SET THE DBC AT A HIGHER 60, FOR EXAMPLE AND THE DBA 55. BECAUSE DBC RESTRICTIVE.

IT SHOWS UP IN THE SOUNDBITE PATTERNS. >> TO MEET OUR NOISE ORDINANCE THE WAY IT IS NOW AT 60 DBC THE INFORMATION FROM THE EXPERT ISSUE ARE ACTUALLY AT A LOWER DBA LEVEL. YOU NECESSARILY HAPPEN TO BE AT A LOWER DBA TO 50 DBC STANDARD.

SOMETHING TO KEEP IN MIND. I AM NOT TELLING THE COMMISSION ONE NUMBER OR ANOTHER.

YOU ALL HEARD THE SOUND SAMPLES. IN SETTING A NUMBER I THINK WE NEED TO ADDRESS BOTH DBA AND DBC. AND LOOKING AT ME LIKE I AM CRAZY.

>> MAYOR LINDA HUDSON: AT THAT LESSON WE HAD. >> YES, MA'AM.

>> MAYOR LINDA HUDSON: IN THE FINAL ANALYSIS THERE ARE A LOT OF OTHER THINGS THAT AFFECT

THOSE THINGS. >> YES, MA'AM. >> TEMPERATURE, DIRECTION, THIS IS NOT AN EXACT SCIENCE. ALTHOUGH YOU HAVE MACHINES TO MEASURE IT.

IT IS JUST NOT GOING TO BE AN EXACT SCIENCE. >> MADAM MAYOR?

>> MAYOR LINDA HUDSON: YES. >> I HAVE TO ASK THIS QUESTION. MR. MIMMS DO YOU KNOW WHAT MACHINE OR POLICE OFFICERS USE WHEN THEY MEASURE? ARE THEY MEASURING ALL THREE? WHAT ARE THEY DOING? BECAUSE IT HAS BEEN MY CONCERN THE BIGGEST PROBLEM HERE IS THE BASE.

THAT IS WHAT WE HEAR, THE BASE. YOU CAN PUT UP FROM THAT PRESENTATION.

I REMEMBER YOU TO PUT UP CERTAIN KINDS OF WHATEVER. AND THE DBA GOES AWAY BUT THE

[02:25:01]

SO MY QUESTION, SIMPLE QUESTION. IS DUE YOU KNOW WHAT THEY USE WHEN THEY GO OUT? DO THEY HAVE ONE THAT SAYS DBA ONE SAYS DBC? WHATEVER THE OTHER ONES? DO YOU KNOW?

>> NO, SIR. >> MADAM MAYOR I WOULD RECOMMEND THAT WE MAKE SURE WE ARE NOT PROPERLY CALIBRATED INSTRUMENT AND IF WE NEED TO REHIRE AN EXPERT TO MAKE SURE WE HAVE TRAINED OFFICERS. AND HAVE UP TO DATE EQUIPMENT AS LONG AS MR. MIMMS IS OKAY WITH THAT THAT WOULD BE MY RECOMMENDATION. THAT IF WE HAVE AN ORDINANCE WE

MUST BE ABLE TO ENFORCE IT. >> THIS IS MY SUGGESTION. THIS IS MY SUGGESTION.

WE PUT IN WERE MADAM ATTORNEY SAID. WE PUT IN A NUMBER 55.

TO DBC. THAT IS THE BASE THAT IS WHAT IS GOING THROUGH EVERYBODY'S WELL.

THAT IS WHAT CAME THROUGH THESE FALSE. THAT IS WHERE WE ARE.

AND WE HAVE THE RIGHT THING TO KNOW YOUR BASE HAS TO BE 55 DBC. I THINK THE MUSICIANS UNDERSTAND AND I THINK THE RESIDENTS UNDERSTAND IT. I AM NOT AN EXPERT.

I DON'T KNOW IF SOMEBODY IS PLAYING A GUITAR. AT THEIR BASES GOING.

IF THEY HAVE TO LOWER THE BASE. KEPT THEIR CUSTOMERS NOT HEAR THE MUSIC? YOU DO STILL HEAR THE MUSIC. I DON'T KNOW BUT I THINKING YOU STILL HERE THE MUSIC.

IT IS THE BASE THAT HAS US HERE. IT IS THE BASE. AND THAT IS WHAT IT IS.

IF WE ARE TRYING TO MEET IN THE MIDDLE AND WE ARE TRYING TO COMPROMISE EVERYBODY LET'S STICK TO THE BASE. LET'S MAKE IT 55 DBC. AS MADAM ATTORNEY SAID MAKE SURE WE HAVE THE RIGHT EQUIPMENT TO GO OUT AND MEASURE SO THE OTHER ONE WE NEED TO CHECK DBC.

MADAM MAYOR I DO NOT WANT TO GO TO THE PRINCIPAL'S OFFICE TOMORROW.

CORRECT ME NOW. CORRECT ME NOW, YOU KNOW, IF I AM WRONG I DON'T HAVE A PROBLEM WITH THAT BECAUSE I NEED TO GET THIS RIGHT. WE NEED TO ATTEMPT WE TRY AND GET THIS RIGHT. ARE YOU SAYING NOW I HAVE TO COME UP WITH SOME NUMBERS? THREE NUMBERS WERE THAT IS WHAT YOU PREFER TO SEE THREE NUMBERS. I DON'T NOTE THOSE THREE NUMBERS I AM NOT AN EXPERT. BUT I DO KNOW THAT I HEARD TWO SIDES TALK ABOUT DBC TONIGHT.

THAT IS WHAT I HEARD IN A NO BETWEEN 50 AND 60. TO ME 55.

RIGHT? AND I HEARD THE MUSICIAN SAY TO ME I WILL USES WORDS. BETWEEN 60, 55 AND 50.

HE SAID IS NOT THAT BIG OF A DIFFERENCE. HE KNOWS MORE ABOUT THE MUSIC THAT I WOULD EVER WANT TO DO. BECAUSE MAYOR JOHNSON SAYING IF YOU ALL WANT TO YOUR BASE COME BACK IN MY NEIGHBORHOOD. WHEN TRYING TO SLEEP. THAT IS THE BASE.

WE ARE NOT LISTENING TO THAT MAKE IT SIMPLE. I THINK WE OVER COMPLICATE THINGS THAT IS WHY I DID NOT WANT TO LOOK AT THE CITY MANAGER RIGHT NOW.

I TRYING TO MAKE THIS SIMPLE. WITH THIS ALL ON DBC. >> MAYOR LINDA HUDSON: SOMETHING WE DON'T KNOW MUCH ABOUT. WHAT JUST PUT IT IN AT 55 DBC EVERYONE TRIES TO WORK WITH

THAT. IF WE TRY TO LOWER THE BASE. >> MAYOR LINDA HUDSON: MR.

MIMMS? >> NICHOLAS C. MIMMS,: MAYBE I CAN SUPPLY THIS THIS IS A FIRST READING. BASED ON THE COMMENTS I HAVE HEARD IT APPEARS TO ME YOU ALL ARE LEANING TOWARD A MORE RESTRICTIVE NOISE LEVEL FOR THIS ZONING DISTRICT.

THAT IS BASED ON WHAT I HAVE HEARD. I THINK WE CAN TASK STAFF TO GO

[02:30:08]

YOU COULD TALK ABOUT DBC, DBT ALL NIGHT. BUT I THINK JUST ASK THE STAFF TO REVISE THE DRAFT ORDINANCE TO INCORPORATE SOMETHING A LITTLE MORE RESTRICTIVE FOR THIS ZONING

DISTRICT. >> MAYOR LINDA HUDSON: AND WITH THAT INCLUDE CHECKING WITH THE

POLICE DEPARTMENT THAT IT CAN BE MEASURED AND ENFORCED? >> ABSOLUTELY, MAYOR.

>> MAYOR LINDA HUDSON: YES. >> NICHOLAS C. MIMMS,: YES. >> I AGREE AND COMMISSIONER GAINES HIT IT. THE 55 DBC TO TASK SHOULD BE A GOOD STARTING BLOCK.

THE OTHER DEFINITIONS. INC. TO THE ELEMENTS. BUT I THINK A WILL COME INTO PLAY IT WILL BE 50, 55 OR 61 OF THOSE THREE WE ALL KNOW IT. BUT LOOKING BACK AT THE PRESENTATION THERE WAS VERY SPECIFIC INSTANCES. AND MEASUREMENTS.

THOSE ARE THE MEASUREMENTS I THINK 55 ABC IS A GOOD STARTING BLOCK.

>> MY ONE FURTHER COMMENT AND BEAT THIS THING TO DEATH. I AGREE WITH THE COMMENTS OR THE 55 LEVEL SEEMS TO BE A COMMON DENOMINATOR. IF YOU NEED TO MAKE ADJUSTMENTS YOU CAN. YOU GET THE REDRAFT BACK. SOMETHING IN THE FUTURE.

CONTRADICT THAT INFORMATION IF IT TO TAKE A LOOK AT IT WITH THE OPPORTUNITY SO LET'S GET SOMETHING IN PLACE EDGARTOWN. EXPANDING IT TO THE COMMUNITY AS A WHOLE.

I COMPLETELY AGREE WITH THAT. BUT RIGHT NOW WE HAVE THE SORENESS IN FRONT OF US WAS ACT

ON THIS PARTICULAR PIECE OF LEGISLATION THEN MOVE PAST. >> JUST A TYPICAL QUESTION.

FOR THE STAFF DOES THAT MOVE IT PASSED FIRST READING TONIGHT? >> I DON'T THINK WE SHOULD I THINK YOU SHOULD REJECTED, TRUTHFULLY, AND HAVE THIS REDRAFTED.

UNLESS TANYA SAYS SOMETHING DIFFERENT. I THINK SO MUCH DIFFERENT CONVERSATION HERE I DON'T KNOW HOW WE MOVE PAST THE FIRST READING RIGHT NOW.

I DON'T UNDERSTAND. >> ABOUT THE ADVERTISING REQUIREMENTS?

>> IT WOULD HAVE TO BE READVERTISED. BUT I THINK.

>> MADAM MAYOR I THINK THAT WAS CERTAINLY CAUSE A DELAY. WE WOULD HAVE TO REDO ALL OF THE ADVERTISING. SO I WILL CERTAINLY LEAVE THAT UP TO THE COMMISSION.

BUT ANOTHER OPTION COULD BE YOU CAN HAVE A CHANGE BETWEEN FIRST AND SECOND READING AS LONG AS IT DOES NOT COMPLETELY CHANGE THE NATURE AND CHARACTER OF THE ORDINANCE.

THERE COULD BE A POTENTIAL CHANGE TO THE ORDINANCE. DIRECTION TO STAFF TO DRAFT WITH A 55 DBC. AND COME BACK TO THE COMMISSION WITH A RECOMMENDATION AS FAR AS DBA IS CONCERNED. BECAUSE I DO THINK THE TWO THINGS ARE RELATED.

AND WE WANT TO GIVE OUR POLICE EQUIPMENT THE ABILITY TO MEASURE BOTH TYPES OF SOUND.

THAT WOULD BE MY RECOMMENDATION. AND THEN THAT IS ONE OPTION. THE OTHER OPTION WOULD BE TO START ALL OVER AGAIN REDO THE ADVERTISING. GIFT ALL OF THE RESIDENTS APPROPRIATE NOTICE. AND START OVER WITH ANOTHER FIRST READING.

IT IS MORE THAN A MONTH OUT. >> MAYOR LINDA HUDSON: COMMISSIONER GAINES WANTS TO

MAKE A MOTION. >> ARNOLD S. GAINES: ADAM MAYOR I MAKE A MOTION THAT WE APPROVE ORDINANCE 23-019 WITH THE DIRECTION STATED THAT WE WITH 55 DBC.

AND HAVE STAFF COME BACK WITH RECOMMENDATIONS TO WHERE DBA SHOULD BE.

[02:35:01]

IS THAT WHAT YOU SAID? FOR A RECOMMENDATION? >> MAYOR LINDA HUDSON: I THINK

THAT IS PRETTY CLOSE. >> I WILL SECOND WITH DISCUSSION.

COMMISSIONER I THINK I HEAR YOU LOUD AND CLEAR AND WHERE YOU ARE GOING WITH THIS.

I WANT TO MAKE SURE I AM CLEAR ON YOUR SPECIFIC MOTION. THAT EACH SECTION CLEARLY IDENTIFY ENTERTAINMENT INDOOR AND OUTDOOR RELATED TO WHAT YOU JUST STATED.

IS THAT ACCURATE? >> ACCURATE. >> IT ALSO INCLUDES COMMISSIONER FOR THE ENTIRE DISTRICT. NOT JUST IDENTIFIED ESTABLISHMENTS AND THE EXISTING

DRAFT. >> CORRECT. >> MAYOR LINDA HUDSON: MR.

MIMMS? >> NICHOLAS C. MIMMS,: MADAM MAYOR STAFF NEEDS TIME TO GET THIS DONE THIS WILL NOT OCCUR IN TWO WEEKS. THE INITIAL INDICATION.

>> WILL THIS BE THE CITY GENERATED TEXT AMENDMENT WE NEED 30 DAYS TO DO OPEN NOTICE.

SO THERE CAN BE PREPARATION TIME FOR THAT. MAKING SURE THAT GOES IN.

WE TO GIVE RESIDENTS 30 DAYS TO SEE THAT. WE ALSO NEED TIME TO ASSESS WHAT THE DIFFERENTIALS AND MEASUREMENTS WILL BE BETWEEN DBC AND DBA.

I WOULD RATHER BRING IT FULLY BAKED BACK TO YOU RATHER THAN HAVE THIS DISCUSSION AGAIN AT A

FUTURE DATE. >> MADAM MAYOR, MAYOR EXTRAORDINAIRE.

>> MAKING A MOTION. BASED ON THAT I TAKE MY MOTION BACK.

AND I MAKE A MOTION THAT ORDINANCE 23-OH 19 BE DENIED BASED ON THE CONVERSATIONS TONIGHT. AND THAT THE STAFF BRING IT BACK FOR ANOTHER FIRST READING WITH THE INFORMATION THAT IS BEEN REQUESTED BY THE COUNCIL TONIGHT.

>> IS THAT THE SECOND TO THAT? >> IT IS YOUR MOTION, COMMISSIONER.

>> I AM TRYING TO GET IT RIGHT. I AM TRYING TO GET IT RIGHT I AM NOT TRYING TO PUT YOU ON THE

SPOT JUST TRYING TO GET IT RIGHT FOR THE RECORD. >> YES, SIR.

I AM GOING TO ASK YOU REPEATED AGAIN, I APOLOGIZE. >> I WAS HOPING HE WAS A THAT DOES YOU KNOW I DON'T KNOW WHAT I JUST SAID. [LAUGHTER] YOU HAVE SOMETHING TO SAY CURTIS, I MEAN COMMISSIONER JOHNSON?

>> CURTIS JOHNSON, JR.: I SECOND THE DISCUSSION I THINK THIS TIME YOU WILL GET IT RIGHT.

>> WHY DON'T I DO THIS MAKE IT SIMPLE. THAT WE DENY ORDINANCE 23-019

TONIGHT AND ASKED STAFF TO BRING IT BACK AT A LATER DATE? >> MAYOR LINDA HUDSON: IS THERE

A SECOND TO THAT? >> SECOND WITH DISCUSSION PERHAPS ON THIS.

COMMISSIONER GAINES I WOULD LIKE TO SEE WE HAVE DISCUSSION ABOUT A CERTAIN DECIBEL DBC LEVEL.

AND I WOULD LIKE THE STAFF WORK AT THAT DIRECTION WITHIN YOUR MOTION NOW.

WHEN THEY COME BACK TO US 55 DBC LANGUAGE IN THIS CODE ORDINANCE. AND IT IS THROUGHOUT ALL EDGARTOWN AND NO DIFFERENCE BETWEEN INDOOR AND OUTDOOR, ETCETERA

SOME MORE ABBREVIATED THAN THAT. >> THANK YOU COMMISSIONER JOHNSON.

I REMEMBER THIS IN THESE CLASSES YOU SENT ME TOO. MADAM MAYOR I MAKE A MOTION THAT WE DENY ORDINANCE 23-OH 19. WITH THE DISCUSSION THROUGH STAFF.

WHERE 55 DBC IN RELATIONS TO DBA BE STUDIED AND BROUGHT BACK TO US FOR ANOTHER FIRST READING.

>> SECOND. >> HOLD ON BEFORE YOU SECOND I FORGET WHAT COMMISSIONER BRODERICK SAID IT BE THROUGHOUT. ADDED TO THE MOTION THROUGHOUT ALL OF EDGARTOWN.

>> STILL SECOND. >> MAYOR LINDA HUDSON: NOW MS. COX ARE YOU CLEAR ON WHAT THAT

IS? >> I AM BELIEVE IT OR NOT. I AM NOT SURE HOW BUT I HAVE GOT

IT. >> MAYOR LINDA HUDSON: IS THERE MORE DISCUSSION?

>> I WANT TO MAKE SURE WE ARE NOT DOING SOMETHING DISAPPEAR. I WANT TO MAKE SURE THERE'S NOTHING ELSE IN THE CODE, CHARTER, ORDINANCE THAT TR TRIGGERS.

[02:40:02]

THERE'S NOTHING ELSE THAT WILL TRIGGER ANY OTHER WAITING PERIOD ADJUSTMENTS ANYTHING LIKE THAT

IS THERE? >> CLERK LINDA COX: MADAM MAYOR COMMISSIONER JOHNSON THIS IS A CITY. IS NOT FOR AN APPLICATION OF REZONING ANYTHING OF THAT NATURE. WHAT YOU WOULD BE ESSENTIALLY DOING IS VOTING TO NOT TO APPROVE THE ORDINANCE IN ITS CURRENT FORM. AND PROCEDURALLY WHAT WOULD BE COMING TO YOU IS A DIFFERENT TEXT AMENDMENT TO THE EDGARTOWN ZONING ORDINANCE.

AND I WOULD RECOMMEND IN ORDER TO PROTECT THE RECORD. THAT THIS GO BACK TO THE PLANNING BOARD FOR THEIR APPROVAL AS THEY ARE REQUIRED TO APPROVE TEXT AMENDMENTS AND BE READVERTISED FOR A FIRST READING AT A SECOND READING. THEN COME BACK TO THE COMMISSION. IN ADDITION TO THAT MAKE SURE STAFF IS 100 PERCENT DIRECTED AS TO HOW THE COMMISSION WANTS TO GO. I WOULD RECOMMEND FURTHER THAT WE ADDRESS THIS AT A CONFERENCE AGENDA. SO THE COMMISSION WE ARE ABSOLUTELY SURE WE ARE HAPPY. THE COMMISSION IS HAPPY WITH WHAT STAFF HAS TO AVOID ANY FURTHER BUMPS IN THE ROAD. IF YOU WOULD LIKE WE CAN HAVE THE EXPERT COME BACK.

>> THANK YOU YOU ANSWERED MY QUESTION. >> AND THE PLANNING BOARD

ANOTHER REVIEW. >> 190 DAYS >> IT WILL TAKE A LONG TIME.

>> LET ME ASK THE QUESTION IS NOT CLEAR IN MY MIND. THIS IS THE FIRST READING.

IS THIS SUBSTANTIVE ENOUGH CHANGE THAT IT REQUIRES THIS TO COME BACK TO HER FIRST READING? OR IS THIS A TECHNICAL CHANGE WHERE WE CAN MOVE IT FORWARD TO A SECOND READING?

>> CLERK LINDA COX: MADAM MAYOR THIS IS MORE LIKELY ON A TECHNICAL CHANGE.

SIMILAR TO HOW WE DID THE VACATION RENTAL ORDINANCE. SOME THINGS WERE CHANGED AT FIRST READING AND I CAME BACK FOR SECOND READING. IF ROOM MEMORY SERVES THERE WAS LANGUAGE THAT WAS BEING EDITED FROM THE DAIS BASICALLY. SO AS LONG AS THE ADVERTISING NOTICES THE TYPE OF ORDINANCE THAT THE COMMISSION IS CONSIDERED.

AS LONG AS YOU ARE NOT EVISCERATING THE ORDINANCE ARE COMPLETELY CHANGING THE TYPE OF ORDINANCE. FOR THE TYPE OF LEGISLATION. I THINK WE ARE IN THE CATEGORY

OF CHANGES VERSUS COMPLETE 180. >> BY SUGGESTION IS SIMPLY IF YOU GO THROUGH THE SECONDARY ROUTE OF STARTING FROM SCRATCH. WE ARE LOOKING AT 120 DAYS OUT. SO INDICATING IT IS A TECHNICAL CHANGE. MY PREFERENCE WOULD BE TO THE FIRST READING BE APPROVED WITH THIS TECHNICAL CHANGE. AND WE WILL HAVE THE ABILITY TO ONCE AGAIN COMMENT IT EXPEDITES THE PROCESS. SO IT DOES NOT SIT OUT THERE FOUR MONTHS.

>> COMMISSIONER I WOULD TAKE MY MOTION BACK REMOVE MY MOTION AND SAY WHAT SHE JUST SAID.

>> MAYOR LINDA HUDSON: WHAT HE SAID. >> JUST A TECHNICAL QUESTION TO MRS. COX. AT THE FIRST MEETING WE NEED TIME.

WE ARE THE STAFF TO GO THROUGH THIS. SO CERTAINLY TRIGGERS.

>> WE NEED A MINIMUM 60 DAYS. >> THAT IS WHAT I WOULD RECOMMEND.

>> THAT WORKS. >> WOULD HAVE TO READVERTISED. >> CUT THAT IN HALF THAT IS WHY I ASKED THE QUESTION INITIALLY IF THIS WHOLE PROCESS. WE HAVE TWO SITES THAT INFLICTED THIS. WE ARE IN A PLACE I HAVE A BUSINESS OWNER WHO WANTS TO DO BUSINESS. AND SO SOLUTION WE KNOW WHAT IS WHAT.

I THINK WHAT THE AUDIENCE NEEDS TO UNDERSTAND THERE ARE SOME THINGS WE NEED TO ANSWER.

I DON'T KNOW AND CAN'T TELL YOU HOW WE MEASURE THIS IN OF US CAN.

I THINK THAT IS THE FIRST THING. ALSO TO BE FAIR TO THE BUSINESS OWNER AND THE PEOPLE THERE.

HOW DO WE MEASURE THIS AND MAKE SURE WHAT WE ARE SAYING IS WHAT WE THINK WE ARE SAYING? AND WE NO DBC IS HEAVY BASED LEYDEN MUSIC BUT WHAT DOES THAT CORRELATE TO DBA? TO BE FAIR TO THIS NEEDED TO BE SAID AND I JUST SET IT. I AM OKAY WITH 60 DAY CUT IN

[02:45:06]

HALF. >> I CAN'T MAKE THAT. >> MAYOR LINDA HUDSON: YOU DID

GREAT YOU GOTTA STARTED. >> YOU WITH TRUE? >> ALL OF THEM.

[LAUGHTER] >> MADAM MAYOR I MAKE A MOTION TO APPROVE 23 - 019 IN ORDER OF THE DBC LEVEL TO 55 DB. AND FURTHER ANALYSIS ON THE OTHER AFFECTED DBA, DBC.

>> THE OTHER AFFECTED DBA >> I KNOW MY ABCS ARE WRONG. >> MAYOR LINDA HUDSON: IS THERE

A SECOND? >> SECOND. >> MS. COXEY UNDERSTAND THAT

MOTION? >> CLERK LINDA COX: I DO BUT WE WILL READVERTISED FOR THE SECOND

HEARING WHICH IS FINE. BUT IT DOES NOT TRIGGER >> WITH 60 DAYS OUT.

YOUR NEED FOR TIMING. THAT SEEMS TO BE MORE EFFICIENT. >> COMING BACK TO THE SECOND

MEETING IN APRIL. >> THE SECOND READING IN APRIL. !

ARE WE READY TO VOTE? CALL THE ROLL. >>

COMMISSIONER BRODERICK? >> YES, MA'AM. >> COMMISSIONER GAINES?

>> YES, MA'AM. >> COMMISSIONER C. JOHNSON? >> YES, MA'AM.

>> COMMISSIONER J. JOHNSON? >> YES, MA'AM. >> MAYOR HUDSON?

>> YES, MA'AM. >> GETTING CLOSE, MADAM MAYOR. >> YOU KNOW SOMETHING THANK YOU COMMISSIONER GAINS. SOMEBODY HAS ALREADY GOT TO STARTED YOU DID GREAT.

>> CLERK LINDA COX: ARE WE READY TO MOVE ON? >> MAYOR LINDA HUDSON: I DON'T

KNOW. LET ME LOOK AT MY AGENDA. >> WITH A PATIENT THEY WAITING

[j. Legislative Hearing - Ordinance 23-020 - Review and approval of a Future Land Use Map Amendment by owner J T J Enterprises Inc., to change the future land use from Neighborhood Commercial, NC, to General Commercial, GC, at approximately 1503 S. 33rd Street Fort Pierce, FL 34947. Parcel IDs: 2417-601-0008-000-7 & 2417-601-0009-000-4. FIRST READING.]

APPLICANT. >> MAYOR LINDA HUDSON: PLEASE MOVE ON.

>> ORDINANCE 23 - 020 AND ORDINANCE BY THE CITY COMMISSION THE CITY FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF PROPERTIES GENERALLY LOCATED AT OR NEAR 1503 S. 33RD STREET, FROM NEIGHBORHOOD COMMERCIAL, NC, TO GENERAL COMMERCIAL, GC; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.

OF THIS IS THE FIRST READING. >> MAYOR LINDA HUDSON: YES, SIR PLEASE PROCEED.

>> COMMISSIONERS, MAYOR BEFORE YOU IS AN APPLICATION FOR AMENDMENT AT 150333RD STREET.

THE APPLICANT IS READ HEALTH THE REPRESENTATIVE IS TODD MURRAY AND THE PROPERTY OWNERS ARE JT J ENTERPRISES INC. THE PARCEL IDS ARE 2417, 601, 008, 007 AND 24-17009, 0004.

IN SUMMARY THE REQUEST IS FOR REVIEW OF AN APPLICATION FOR A FUTURE AMENDMENT OF TWO PARCELS.

TO CHANGE THE ZONING CLASS FUTURE LAND USE CLASSIFICATION TERM NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL. THIS IS THE SITE LOCATION OF THE TWO PARCELS WITH THE SITE AREA OF 1.31 GIVE OR TAKE ACRES. THIS IS THE EXISTING FUTURE LAND-USE.

WHICH IS THE NEIGHBORHOOD COMMERCIAL. AS YOU CAN SEE SURROUNDING IT IS GENERAL COMMERCIAL. TO THE EAST TO THE WEST NEIGHBORHOOD COMMERCIAL.

THE COM IS COMMERCIAL FUTURE LAND-USE. BELOW IT IS A LOW DENSITY RESIDENTIAL. THE PROPOSED FUTURE LAND-USE WOULD TAKE IT TO GENERAL COMMERCIAL WHICH IS CONSISTENT WITH THE PAR-- PARCELS TO THE T TO.

AFTER A LITTLE CLARIFICATION FOR THE FUTURE LAND-USE COMPARISON WE ARE GOING TO HAVE A HIGHER INTENSITY AS FAR AS THE FLOOR AREA RATIO. ANY RESIDENTIAL APPLICATIONS TO COME BEFORE YOU WOULD BE CONDITIONAL USE IN EITHER OF THE ZONING YOU WILL SEE IN THE NEXT PRESENTATION. BUT ALSO THIS IS AGAIN FOR MORE CLARIFICATION.

NEIGHBORHOOD COMMERCIAL DESIGNATION MORE COMMERCIAL DEVELOPMENTS THAT ARE PRIMARILY INTENDED TO SERVE SURROUNDING NEIGHBORHOODS. WHERE IS THE GENERAL COMMERCIAL IS A DESIGNATION PROVIDE FOR HIGHER INTENSITY COMMERCIAL DEVELOPMENT OR HORIZONTAL AND VERTICAL MIXED USE DEVELOPMENTS. THE PLANNING BOARD OTHER JANUARY 9TH, 2023, MEETING UNANIMOUSLY VOTED TO APPROVE THE FUTURE LAND USE MAP AMENDMENT. THE RECOMMENDATION STAFF IS FOR THE CITY COMMISSION TO APPROVE THE MAP AMENDMENT WITH AN ALTERNATIVE RECOMMENDATION YOU CAN GIVE OF A RECOMMENDATION OF APPROVAL OF CONDITIONS RECOMMENDATION OF DISAPPROVAL.

[02:50:02]

THANK YOU. >> MAYOR LINDA HUDSON: QUESTIONS FROM STAFF? ANY QUESTIONS FROM STAFF? THIS IS A PUBLIC HEARING ANYONE WISHING TO ADDRESS THIS ISSUE PLEASE COME FORWARD.

SEEN NO ONE I WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION.

>> MADAM MAYOR I SAY WE APPROVE ORDINANCE 23 - 020. >> MAYOR LINDA HUDSON: A MOTION

AND A SECOND. CALL THE ROLL. >> CLERK LINDA COX:

[k. Quasi-Judicial Hearing - Ordinance 23-021 - Review and approval for a Zoning Atlas Map Amendment by owners J T J Enterprises Inc., of two (2) parcels of land to change the zoning classification from Neighborhood Commercial. C-2, to General Commercial, C-3, generally located at 1503 S. 33rd Street Fort Pierce, FL 34947. Parcel IDs: 2417-601-0008-000-7 & 2417-601-0009-000-4. FIRST READING]

COMMISSIONER BRODERICK? >> YES, MA'AM. >> COMMISSIONER GAINES?

>> YES, MA'AM. >> COMMISSIONER C. JOHNSON? >> YES, MA'AM.

>> COMMISSIONER J. JOHNSON? >> YES, MA'AM. >> MAYOR HUDSON?

>> YES, MA'AM. >> NEXT ORDINANCE 23 - 021 AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTIES GENERALLY LOCATED AT OR NEAR 1503 S. 33RD STREET, FROM NEIGHBORHOOD COMMERCIAL (C-2) TO GENERAL COMMERCIAL (C-3); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. THIS IS THE FIRST READING.

>> MAYOR LINDA HUDSON: THIS IS A QUASIJUDICIAL HEARING. MADAM ATTORNEY WOULD YOU PLEASE

READ OUR GUIDELINES? >> YES, MA'AM THE CITY COMMISSION HAS THE LEGISLATIVE AND QUASIJUDICIAL FUNDS ACTING AS A LEGISLATIVE BODY THINK AGENT ON MAKING ABILITIES BY PASSING LAWS AND ESTABLISHING POLICIES. WHEN ENACTING QUASIJUDICIAL THE POLICIES HELP PROCEDURES. QUASIJUDICIAL PROCEEDINGS ARE LESS FORMAL BEFORE THE CIRCUIT COURT BUT MORE FORMAL THAN A NORMAL COMMISSION MEETING. THEY MUST FOLLOW BASIC NOTICE AND DUE PROCESS AND DECISION MUST BE MADE BASED ON COMPETENT SUBSTANTIAL EVIDENCE.

THEREFORE COMMISSIONERS HAPPENED TO BE MORE LIKE JUDGES AND LEGISLATORS.

THAT IS WHAT THE COMMISSION HAS ESTABLISHED TO UNIFORM PROCEDURES THEY WILL BE FOLLOWED THIS EVENING. FINALLY TO PURGE ANY MEMBER OF THE CITY COMMISSION THE CITY ATTORNEY OR CITY CLERK DURING THE HEARING. DOCUMENTS TO BE GIVEN TO THE CITY CLERK PLEASE GIVE THEM TO THE SERGEANT AND ARMS THE UNIFORMED POLICE OFFICER IN THE

CHAMBER. MAYOR? >> MAYOR LINDA HUDSON: HAVE THE

ADVERTISING REQUIREMENTS BEEN MET? >> CLERK LINDA COX: ADVERTISING

REQUIREMENTS HAVE BEEN MET. >> MAYOR LINDA HUDSON: AND CAN YOU TALK ABOUT COMMUNICATIONS?

>> CLERK LINDA COX: COMMISSIONER BRODERICK? >> NO.

>> COMMISSIONER GAINS? X PARTAKE COMMUNICATIONS. >> ARNOLD S. GAINES: YES EMAILS

AND EMAILS. >> CLERK LINDA COX: EMAILS FROM THE APPLICANTS, RESIDENTS?

>> ARNOLD S. GAINES: THE APPLICANT. >> CLERK LINDA COX: APPLICANT.

COMMISSIONER J. JOHNSON? >> JEREMIAH JOHNSON: NO, MA'AM. >> COMMISSIONER C. JOHNSON?

>> NO, MA'AM. >> MAYOR HUDSON? >> NO, MA'AM.

>> CLERK LINDA COX: CAN YOU PLEASE WERE IN THOSE WHO ARE SPEAKING?

>> CLERK LINDA COX: PLEASE STAND. D IS WHAT IS TELL THE WHOLE

TRUTH, AND NOTHING BUT THE TRUTH. >> MAYOR LINDA HUDSON: YES

>> BEFORE YOU IS A AMENDMENT AT 150333RD STREET. THE APPLICANT WITH THE REPRESENTATIVE. THE PROPERTY OWNERS ARE JT J ENTERPRISES INC. AND THE PARCEL ID 2317601000. 007. 601-00090004.

IN SUMMARY THE REVIEW FOR ZONING AMENDMENT OF TWO PARCELS OF LAND TO CHOOSE ZONING APPLICATION.

FROM NEIGHBORHOOD COMMERCIAL COMMERCIAL C-THREE. THIS IS THE SITE LOCATION OF THE TWO WITH THE SITE AREA OF 1.31 ACRES GIVE OR TAKE. THE EXISTING ZONING IS CURRENTLY C-TO. AND IT IS A MISTAKE ON THE MAP. SHOULD SAY SEE-TO.

AS YOU CAN SEE THE SURROUNDING AREAS TO THE EAST IS ZONED C-THREE.

TO THE EAST THAT PARCEL IS ALSO C-2 C-3. TO THE EAST THAT PARCEL IS ALSO C-2 AND TO THE NORTH YOU SEE THE NEIGHBORHOOD COMMERCIAL AND GENERAL COMMERCIAL IN ST. LUCIE COUNTY. AND THE PROPOSED ZONING IS AS FOLLOWS.

AND FOR SOME ZONING COMPARISON AS YOU CAN SEE. CONDITIONAL USE FOR ALL MAC RESIDENTIAL DEVELOPMENTS IN THESE TWO. IN THE GENERAL COMMERCIAL MORE IS COMMITTED. WHERE AS AND C-2 IT WILL BE CONDITIONAL SUCH AS RESTAURANTS, COMMERCIAL, RESTAURANTS AND BARS, ART GALLERIES. AND YOU CAN SEE HERE THE DIFFERENCE WITH SELF STORAGE. CONDITIONAL USE. AND AUTOMOBILE RENTALS AND AUTOMOBILE SALES. WAREHOUSES ARE CONDITIONAL AND TRADE PERMITTED IN C-3.

THE THE PLANNING BOARD DECISION AT THE JANUARY 29TH MEETING WAS TO VOTE APPROVAL OF THE REZONING REQUEST. THE RECOMMENDATION OF STAFF IS FOR CITY COMMISSION TO APPROVE THE ATLAS AMENDMENT. ALTERNATIVE RECOMMENDATIONS MADE BY COMMISSION AS A RECOMMENDATION OF APPROVAL AND CONDITIONS. RECOMMENDATION OF DISAPPROVAL.

[02:55:01]

>> QUESTIONS OF STAFF? I WILL OPEN THE PUBLIC HEARING. DO YOU HAVE ANYTHING TO SHARE

WITH US? >> COMMISSIONERS I AM A MAN OF MY WORD.

! YOU ARE TAUGHT MARRIED AS A THAT FOR THE RECORD.

HE IS A MAN OF HIS WORD. DO YOU HAVE ANY QUESTIONS OF STAFF?

>> I DON'T HAVE ANY QUESTIONS OF STAFF. >> MAYOR LINDA HUDSON: DOES

ANYBODY APPEAR HAVE QUESTIONS? >> MAYOR YOU ARE LOOKING AT GENERAL COMMERCIAL USE OF THIS PARCEL. WHAT ARE WE THINKING FOR FUTURE IT IS CURRENTLY VACANT?

>> IT IS THERE IS NO INTENDED USE AT THIS POINT. DO NOT HAVE ANYTHING.

THAT IS BEING ANTICIPATED. >> THANK YOU. >> MAYOR LINDA HUDSON: ANY OTHER QUESTIONS OF THE APPLICANT? THANK YOU VERY MUCH APPRECIATE IT.

ANYONE ELSE WISHING TO ADDRESS THE COMMISSION PLEASE COME FORWARD.

SEEN NO ONE I WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN DISCUSSION OR A MOTION.

>> MADAM I MAKE A MOTION WE APPROVE ORDINANCE 23 - 021 >> SECOND.

>> MAYOR LINDA HUDSON: A MOTION AND A SECOND. CALL THE ROLL PLEASE SLOWLY.

>> CLERK LINDA COX: OKAY. >> COMMISSIONER GAINS? >> YES.

>> COMMISSIONER C. JOHNSON? >> YES, MA'AM. >> COMMISSIONER J. JOHNSON?

>> YES, MA'AM. >> MAYOR HUDSON? >> YES, MA'AM.

>> CLERK LINDA COX: HE IS NOT HERE HE DOES NOT HAVE TO VOTE ON IT.

>> MAYOR LINDA HUDSON: AS LONG AS HE DOES NOT GET IN TROUBLE. >> MAYOR LINDA HUDSON: WE ARE

[a. Resolution 23-R17 extending the Peacock Arts District boundaries and providing for an effective date.]

DONE. >> CLERK LINDA COX: THAT WILL DO IT.

SO WE WILL MOVE ON >> CONGRATULATIONS. >> NEXT WE HAVE RESOLUTION 23 RESOLUTION NO. 23-R17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, EXTENDING THE PEACOCK ARTS DISTRICT BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE.

>> MAYOR LINDA HUDSON: MR. MIMMS? >> NICHOLAS C. MIMMS,: MEMBER OF THE CITY COMMISSION AND MAYORS THIS IS A CONTINUOUS OF A CONVERSATION.

EARLIER IN THE YEAR WHERE THE COMMISSION LIKE TO GO FORWARD WITH THE EXTENSION OF THE LETTER OUR DISTRICT. IN THIS RESOLUTION IS A CONCLUSION OF THOSE EFFORTS.

>> MAYOR LINDA HUDSON: YES, SIR WE ARE HAPPY >> MAKE A MOTION.

>> MOVED TO APPROVE RESOLUTION R-17. >> MAYOR LINDA HUDSON: THERE IS

A MOTION AND A SECOND CALL THE ROLL. >> CLERK LINDA COX: COMMISSIONER

BRODERICK. >> MICHAEL BRODERICK: YES AND WILL LET ME CALL TO THE

PRINCIPAL'S OFFICE? >> CLERK LINDA COX: YES. COMMISSIONER GAINS?

[b. Resolution 23-R19 appointing and reappointing members to the Board of Examiners of Contractors.]

>> ARNOLD S. GAINES: YES. >> CLERK LINDA COX: COMMISSIONER C. JOHNSON?

>> YES. >> COMMISSIONER J. JOHNSON? >> YES.

>> MAYOR HUDSON? >> MAYOR LINDA HUDSON: YES, MA'AM.

>> CLERK LINDA COX: NEXT WE HAVE RESOLUTION 23-R19 APPOINTING AND REAPPOINTING MEMBERS TO THE BOARD OF EXAMINERS OF CONTRACTORS. AND FOR AN EFFECTIVE DATE.

THIS WILL BE RED. AND APPOINT PETERSON AS THE NEW CONSUMER REPRESENTATIVE.

WE STILL HAVE A VACANCY ON THE PART THAT I WILL CONTINUE TO HOPEFULLY FIND CONSUMER

REPRESENTATIVES INTERESTED IN SERVING. >> IS THERE A MOTION?

>> MOTION TO APPROVE >> SECONDED BOOKS PLEASE CALL THE ROLL.

[c. Resolution 23-R20 appointing members to the Parks Advisory Committee.]

>> COMMISSIONER BRODERICK? >> YES. >> COMMISSIONER GAINS?

>> YES. >> COMMISSIONER C. JOHNSON? >> NO

>> COMMISSIONER J. JOHNSON? >> YES. >> MAYOR HUDSON?

>> MAYOR LINDA HUDSON: YES. >> NEXT WE HAVE RESOLUTION 23-R20 APPOINTING MEMBERS TO THE PARKS ADVISORY COMMITTEE. IN PROVIDING FOR AN EFFECTIVE DATE. WE HAVE EVERY, ERIN DURKIN BEING

APPOINTED. >> MAYOR LINDA HUDSON: WE HAVE SPOTS FOR ALL OF THOSE?

>> IS THAT IS WHY IT IS NOT COME TO YOU WE HAD THREE APPLICATIONS AND THREE SPOTS.

[d. Resolution 23-R21 established fees for Parking as approved via Ordinance 22-036.]

>> MOVE FOR APPROVAL. >> MAYOR LINDA HUDSON: A MOTION AND A SECOND CALL THE ROLL.

>> COMMISSIONER BRODERICK? >> YES. >> COMMISSIONER GAINS?

>> YES. >> COMMISSIONER C. JOHNSON? >> YES.

>> COMMISSIONER J. JOHNSON? >> YES, MA'AM. >> MAYOR HUDSON?

>> YES, MA'AM. >> NEXT WE HAVE . 23-R12 A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ESTABLISHING BY RESOLUTION THE PARKING FEES; AND PROVIDING FOR AN EFFECTIVE DATE.

>> MR. MIMMS. >> >> THIS IS FOR THE FEES THAT IS IN YOUR AGENDA. IF YOU HAVE SPECIFIC QUESTIONS WE DO HAVE OUR COMMUNITY RESPONSE DIRECTOR HERE IN THE AUDIENCE. WHO CAN ASSIST YOU OTHERWISE THE

RESOLUTION IS HERE FOR YOUR APPROVAL. >> MAYOR LINDA HUDSON: WE

[03:00:02]

>> I CANNOT ANSWER THAT. >> I DON'T RECALL WE TALK SPECIFICALLY ABOUT THE NUMBERS.

>> A SPECIAL PARKING PERMIT THE. >> MAYOR LINDA HUDSON: WE TALKED ABOUT THE CONCEPT WE DID NOT TALK ABOUT THE NUMBERS. IT IS NOT PAID PARKING. THE SPECIALTY PERMITS.

>> FOR CLARIFICATION WE HAVE THE MIGHTY PEGGY IN THE ORDINANCE IF YOU NEED OR

>> IS ANYBODY HAVE A QUESTION? >> I WOULD LIKE TO ADD ONE MODIFICATION I BELIEVE THE PARKING COMMITTEE WENT THROUGH THIS AND AGREED WITH WHAT WAS PRESENTED BY STAFF.

THEY MET AND IT WAS UNANIMOUSLY APPROVED BY THE CITY COMMISSION. >> THIS IS NOT PAID PARKING FOR

PEOPLE SHOPPING DOWNTOWN. I WANT TO MAKE THAT CLEAR >> IT IS PERMIT PARKING IS THE BEST WAY TO PUT IT. GENERAL CONTRACTORS, CONSTRUCTION DUMPSTERS THINGS OF THIS NATURE SPECIALTY USES IN THE DOWNTOWN AREA. ALMOST ONE OFFS.

>> THERE WAS ALSO IN THAT LANGUAGE TALKING ABOUT BUSINESSES THAT CAN GET A PERMIT FOR LOADING AND UNLOADING ZONES IN THEIR. THAT IE COULD BE A BUSINESS OWNER OR SOMEONE SERVICING THAT BUSINESS. BRINGING IN THEIR PURCHASE.

I GUESS I DO HAVE ONE GENERAL QUESTION I WOULD LIKE. >> MAYOR LINDA HUDSON: SO

RAISED. >> IT IS RELATIVELY GENERAL JUST TOP LEVEL JUST THINKING THROUGH THIS. SO ONCE THIS GOES OUT. AND IF THE BUSINESS FROM OUT OF TOWN, ETCETERA COMES HERE TO DELIVER. SAY BECAUSE THEY WOULD HAVE TO COME TO MRS. COX OFFICE TO GET THE SPECIALTY HELP OR WHATEVER IT IS TO PUT ON THEIR DASHBOARD, NOTIFY THEY ARE ALLOWED TO PARK THERE MORE THAN THE RESPECTIVE HOURS, NUMBER ONE? OR IN THE

LOADING ZONE TO UNLOAD AND DO THIS KIND OF STUFF? >> IT EVENING MADAM MAYOR COMMISSIONERS. YOU'RE ASKING TWO DIFFERENT QUESTIONS.

>> YES, THEY ARE. I NEED TWO DIFFERENT ANSWERS. >> I WILL PULL UP THE POWERPOINT

IT IS ONLY TWO SLIDES. >> MAYOR LINDA HUDSON: THAT IS FINE.

>> I WILL HAVE A THIRD AND GO SPECIFIC >> I WILL JUST PUT UP THE TWO SLIDES THAT WE HAVE DISCUSSED. THE BUSINESS PARKING PERMIT IS FOR BUSINESSES THAT HAVE A BUSINESS TAX RECEIPT FOR OPERATING DOWNTOWN. THAT WISH TO USE THE LOADING ZONES. THAT IS A PERSONAL VEHICLE A NONCOMMERCIAL VEHICLE.

WHEN YOU GET YOUR BUSINESS TAX COMMIT YEAR-OVER-YEAR YOU GET YOUR PARKING PERMITS.

THE LOADING ZONES RULES ALL APPLY FOR 30 MINUTES LIMITS AND THE TIME FRAMES ETCETERA THE PARKING PERMIT FOR USING ONE N. PARKING LOT. LATE PAYMENTS FOR CITATIONS.

IF YOU DON'T GET A CITATION A LATE FEE ATTACHED TO IT. AND MOBILIZATION FEE.

SO IF YOU HAVE UNPAID PARKING TICKETS LIKE ANY OTHER CITY OR JURISDICTION YOU WILL GET THE ARTICLE IDEA. BUT YOU WILL BE IMMOBILIZED. AND THEN YOU HAVE YOUR CONTRACTOR PARKING PERMITS. THERE IS A LIMITED AND UNLIMITED.

THE LIMITED BASICALLY SAYS IF YOU GET YOUR PERMIT FOR THE DAY BECAUSE WORKING ON A BUSINESS.

LET'S SAY YOU ARE A PLUMBER DOWNTOWN DOING WORK ON A BUSINESS YOU DON'T HAVE TO FIGHT BY THE TWO HOUR PARKING. YOU DON'T GET A RESERVED SPOT YOU JUST GET THE EXTENSION OF THE TWO HOUR PARKING. YOU CAN USE IT ALL DAY LONG WITHOUT HAVING TO MOVE YOUR VEHICLE OR ANYTHING LIKE THAT. THE UNLIMITED NEEDS YOU CAN RESERVE A SPOT.

IF THERE IS A BUSINESS THAT HAS A BUILDING PERMIT THEY ARE HAVING A MAJOR RENOVATION DONE THEY CAN RESERVE IN FRONT OF THEIR BUILDING TO BE USED IN CONJUNCTION WITH THAT BUILDING PERMIT. IS A LONGER-TERM IN A SPECIFIC SPOT TICKETS RESERVED FOR THEM.

IF YOU ARE JUST COMING IN. SAID THE FEDEX TRUCK IS COMING AND YOU WILL NOT GET A PERMIT YOU WILL HAVE TO USE THE LOADING ZONES. BUT IT COMING IN TO WORK ON A BUSINESS AND YOU WILL BE STAYING FOR THE DAY. OR IF EVERYDAY FOR A WEEK.

YOU CAN GET ONE OF THESE PERMITS. >> GET YOU GET ONE EXAMPLE OF THE FEDEX TRUCK. MY CONCERN AND I HAVE SEEN THIS. THE SEMI LARGE TRUCKS THAT PART IN THE MIDDLE OF A ROAD AND MAKE THEIR DELIVERIES. I DON'T KNOW THEY SEE PEOPLE TRY TO NAVIGATE AROUND NOT 18 WILL COMPLETELY THE MAYBE 15 MEALS OR WHATEVER IT IS IT IS A SHORT HAUL TRUCK AND PARKED IN THE MIDDLE OF THE STREET. THAT IS MY CONCERN.

I DID NOT KNOW IF WE WERE TRYING TO ADDRESS THAT THIS MAKES A LOT OF SENSE GOT IT.

[03:05:13]

>> THE NEW ORDINANCE ADDRESSES THAT PARTICULAR PROBLEM. ADOPTED AND APPROVED.

THAT IS ALREADY BEEN ESTABLISHED TWO DIFFERENT WAYS. BUT THE NEW ORDINANCE DOES ADDRESS THAT PARTICULAR PROBLEM. BUT YES, THEY NEED TO GO TO LOADING ZONES THAT IS WHY WE HAVE THEM. SO THAT SHOULD NOT HAPPEN ANYMORE THEORETICALLY.

>> YES. >> CAN I GO BACK TO DECIDE IF WE COULD.

BECAUSE WHERE DID I SEE IT? MAYBE IT IS JUST ON MY SCREEN. THE DUMPSTER WHERE WE SEE THE DUMPSTERS? SO THAT IS PER DUMPSTER? PER DUMPSTER FEE IS THAT CLEAR ENOUGH THE WAY IT IS READ AND WRITTEN? THAT IS A PER DUMPSTER THE AND HOW MANY PARKING SPOTS? BECAUSE A

DUMPSTER TAKES A LOT. BIGGER THAN A PARKING STALL. >> CORRECT THE WEIGHT THE ORDINANCE IS WRITTEN THE CITY MANAGER HAS THE ABILITY TO APPROVE OR DENY AND REGULATE.

SO HE CAN IDENTIFY WHERE A DUMPSTER WILL BE PLACED. BUT IT IS $100 PER DAY IT DID NOT SPECIFY WHERE WERE THE NUMBER OF DUMPSTERS BUT THAT IS WRITTEN IN THE ORDINANCE THAT IS

REGULATED BY THE CITY MANAGER. >> ON THE OTHER SCREEN I GOT THEM BACKWARDS.

ON THE BUSINESS PARKING IS THAT IS TRANSFERABLE IF I AM A BUSINESS OWNER I MOVED TO

WHATEVER VEHICLE? >> THAT IS HOW IT IS ENVISION. AGAIN THE ONE COMING TO MIND.

AGAIN BECAUSE MY DAD WAS A FLOWER DELIVERY MAN IS CHANEY'S. YOU HAVE DELIVERY MEN WHO AND THEY CAN PUT THAT ON THE WIND CHILLS. 11 DIFFERENT DELIVERY MATT ON MONDAY, TUESDAY, WEDNESDAY OR THURSDAY THEY CAN USE THAT. QUICK THAT IS A LOADING ZONE

DOES NOT MEAN PARK IN TWO HOUR PARKING ALL DAY. >> CORRECT.

>> MAYOR LINDA HUDSON: ANYTHING ELSE? THANK YOU SOMEBODY READY TO MAKE A MOTION?

>> I MAKE A MOTION QUICK SECOND. >> MAYOR LINDA HUDSON: A MOTION AND A SECOND CALL ROLE.

>> COMMISSIONER BRODERICK? >> YES, MA'AM. >> COMMISSIONER GAINES?

[e. Resolution 23-R22 authorizing staff to apply for and accept a grant of up to $450,000 for Nebraska Avenue Sidewalk Transportation Alternatives Set-Aside Program (TA).]

>> YES, MA'AM. >> COMMISSIONER C. JOHNSON? >> YES, MA'AM.

>> COMMISSIONER J. JOHNSON? >> YES, MA'AM. >> MAYOR HUDSON?

>> YES, MA'AM. . >> CLERK LINDA COX: NEXT WE HAVE NO. 23- A RESOLUTION AUTHORIZING THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA TO APPLY FOR AND ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM GRANT FOR NEBRASKA AVENUE SIDEWALK PROJECT AND AUTHORIZING THE MAYOR, CITY CLERK, AND CITY ATTORNEY TO EXECUTE SAID AGREEMENTS ON THE PART OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE.

>> I WANT TO ASK SELENA GRIFFITH TO COME UP AND ASK HER-- ANSWER ANY QUESTIONS YOU MAY HAVE

>> I HAVE NO QUESTION I JUST HAVE AN EXPRESSION OF THE LIGHT AT THIS.

BECAUSE THIS IS BADLY NEEDED. >> HOW FAST CAN WE APPLY FOR IT? >> MAYOR LINDA HUDSON:

COMMISSIONERS DO YOU HAVE QUESTIONS? >> MADAM GRIFFIN I HOPE WE CAN FIND NEW NEIGHBORHOODS WHERE WE HAVE KIDS WALKING IN THE STREET, LITERALLY.

AND IN FACT NOT TOO FAR FROM THE SEXUAL SPOT I WAS SAY LESS THAN A QUARTER-MILE THAT WE HAVE KIDS. WE HAVE HAD UNFORTUNATE INCIDENTS.

WE HAD A CITIZEN COME TO OUR COMMISSION MEETING WHO HAD GREAT CONCERNS ABOUT KIDS HAVING TO WALK LITERALLY IN THE STREET. SOUTH 13TH EXTENSION. I WAS HAPPY TO SEE US.

AND I HOPE WE DO MORE. GOING FURTHER NORTH IN THAT AREA OF A LOT OF AREAS TRY TO CATCH THE BUS. AND I AM REALLY CONCERNED ABOUT WHAT I SEE THOSE KIDS TRYING TO

CATCH THE BUS. THANK YOU. >> MAYOR LINDA HUDSON: OKAY, ANY

OTHER QUESTIONS IS OUR MOTION? >> MOTION QUICK SECOND. >> MAYOR LINDA HUDSON: MOTION

AND SECOND. >> COMMISSIONER BRODERICK? >> YES, MA'AM.

>> COMMISSIONER GAINES? >> YES, MA'AM. >> COMMISSIONER C. JOHNSON?

[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.]

>> YES, MA'AM. >> COMMISSIONER J. JOHNSON? >> YES, MA'AM.

>> MAYOR HUDSON? >> YES, MA'AM. . >> MAYOR LINDA HUDSON: THANK

YOU, MA'AM NEXT WE HAVE COMMENTS FROM THE PUBLIC. >> MAYOR LINDA HUDSON: THIS IS A TIME FOR ANY MEMBER OF THE PUBLIC WOULD LIKE TO ADDRESS ON ANY SUBJECT.

YOU HAVE TREMENDOUS STATE YOUR NAME AND MS. COX WILL GIVE YOU A WARNING BUZZER AT TEN SECONDS.

SWITCHING IT UP IF USED TO BE THREE NOW IT IS TEN. QUICK SOMEBODY CHANGED IT.

>> CLERK LINDA COX: THAT IS FINE. >> MAYOR LINDA HUDSON: THAT IS

FINE. YES, SIR. >> I AM JON OLLIE.

IT IS APPRECIATE THE DISCUSSION. I DON'T KNOW IF I MISSPOKE OR YOU MISHEARD ME THERE'S A HUGE DIFFERENCE BETWEEN 50, 55 AND 60, HUGE. I WAS JUST LOOKING AT IT NOW THAT IS WHAT HE WAS SAYING. 50 DECIBELS IS A SOUND THAT IS 55 DB 3.7 TIMES MORE INTENSE.

[03:10:14]

THEN 55 TO 60 IS THAT NUMBER THREE TIMES AGAIN. SO IT REALLY COMPOUNDS.

SO 60 IS A REAL NUMBER WE NEED TO DEAL WITH. AND ANOTHER THING IT SAYS.

I LOOKED UP WHAT IS 55. AND THEY ARE SAYING I HOUSEHOLD REFRIGERATOR IN NORMAL RSIDENTIAL STREET. IT IS A REAL BIG DIFFERENCE FOR US.

ESPECIALLY IF YOU ARE HAVING CONVERSATIONS. IF WE HAD PEOPLE AROUND TALKING.

YOU COULD POSSIBLY GET IN TROUBLE FOR IT. I SEE A DIFFERENCE BETWEEN DBC.

AT LEAST WE ARE THINKING ABOUT THAT TOO. I DON'T KNOW.

I THOUGHT IT WAS WRITTEN PRETTY WELL. AND WE ARE ALREADY AT A BIT OF A DEFICIT. BUT KEEPING IN NATURE WE HAVE TO HAVE ALL OUTSIDE ACTIVITIES DONE BY 10 O'CLOCK AND WE NEED TO BE CLOSED AT 11. I LOOKED UP A PLACE TO PUT FIVE BLOCKS ON THE ROAD. 9 O'CLOCK IS OUR BUSIEST HOUR FOR MUSIC.

ABSOLUTELY COMPLETELY 9 O'CLOCK A HUGE DIFFERENCE. 9 O'CLOCK NO PROBLEMS. BUT 9 O'CLOCK CUTTING IT TO 55 THAT WILL REALLY HURT US. I APPRECIATE TAKING THE TIME TO FIGURE A WAY OUT TO PUSH THROUGH AN AMENDMENT. STILL ANOTHER TWO MONTHS.

THAT BRINGS US TO A FULL YEAR. ONE PRIOR TO THAT WE HAD TRIED TWO YEARS TO LITERALLY GET THIS THROUGH THE DECIBEL. WE ARE ON HERE THREE. BUT I AM ALSO ONCE WE DEAL WITH THIS. THAT IS A YEAR OF BUSINESS LOSS. AND MAY NOT GET PUSHED THROUGH AGAIN. THOSE ARE SOME MAJOR CONCERNS. AND I KNOW YOU GUYS ARE TRYING.

JUST TRYING TO PRESENT MY CASE. THANK YOU A LOT. APPRECIATE ALL THE TIME AND

EFFORT. >> MAYOR LINDA HUDSON: THANK YOU.

ANYONE ELSE WISHING TO ADDRESS THE COMMISSION PLEASE COME FORWARD.

>> HELLO, AGAIN. I REPRESENT PEOPLE LIVING WITHIN EDGARTOWN I AM FROM SA JOHNS FOSTER IN WEST PALM. I WANT TO THANK YOU THE COMMISSION FOR ITS WELL-THOUGHT-OUT DISCUSSION IN THE POINTS RAISED BY BOTH SIDES. I THINK THE CONVERSATION TONIGHT WAS REALLY WELL-THOUGHT-OUT AND IMPACTFUL TO BRINGING THIS DISTRICT TOGETHER.

IN FORT PIERCE AND WE ARE GREATLY APPRECIATIVE OF THAT. THE DISCUSSION AND THE MOTION THAT WAS SET FORTH TRUSTED TO STAFF. I WOULD ALSO LIKE TO PUT ON THE RECORD IT IS TYPICAL FOR RECEIVING RESIDENTIAL PROPERTIES.

NOTHING REQUESTED TONIGHT IS OUTLANDISH IN ANY WAY. THANK YOU FOR YOUR TIME.

>> MAYOR LINDA HUDSON: THANK YOU, MA'AM. ANYONE ELSE WISHING TO ADDRESS THE COMMISSION PLEASE COME FORWARD. ANYONE ELSE? LOSING THE PUBLIC.

SORRY, PLEASE COME FORWARD. YOU DO NOT HAVE TO BE QUICK YOU CAN TAKE YOUR THREE MINUTES BUT

YOU DON'T HAVE TO. STATE YOUR NAME. >> FREDERICK NICE.

>> MAYOR LINDA HUDSON: WELCOME. >> I JUST ASKING THE COMMISSIONERS AND YOURSELVES.

AS FAR AS CODE ENFORCEMENT I HAVE AN ISSUE IN MY AREA THE GARDEN CITY AREA.

THERE ARE A LOT OF CARS PARKING ON THE SIDEWALKS. AND I WOULD LIKE FOR SOMEONE TO MAYBE COME OUT TAKE A LOOK AND SEE WHAT IS GOING ON. BECAUSE THIS HOME WAS MY GRANDMOTHER'S HOME. SO I HAD TAKEN OVER. AND IT IS JUST AN EYESORE.

EACH TIME I COME THERE TO GET TO THE HOUSE AND THERE ARE CARS EVERYWHERE.

I AM JUST ASKING YOU GUYS. COME THROUGH AND TAKE CARE OF THE AREA FOR US.

>> MAYOR LINDA HUDSON: YOU SAID GARDEN CITY. SO PEGGY WAS HAS THE ADDRESSES? > I DID NOT WANT TO SAY MY NAME I DON'T KNOW IF WILL BURN MY HOUSE DOWN.

>> MAYOR LINDA HUDSON: WE DO NOT WANT THAT TO HAPPEN. WE DO NOT WANT THAT TO HAPPEN.

[03:15:02]

>> I JUST WANTED TO SAY SOMETHING. >> MAYOR LINDA HUDSON: THANK YOU FOR SHARING THAT WE APPRECIATE IT. ANYONE ELSE WISHING TO SPEAK TO THE COMMISSION? ANYONE ELSE? OKAY, CLOSING PUBLIC HEARING PUBLIC COMMENT LET'S MOVE ON.

>> CLERK LINDA COX: THE CITY MANAGER? >> MAYOR LINDA HUDSON: MR.

[16. COMMENTS FROM THE COMMISSION]

MIMMS? >> NICHOLAS C. MIMMS,: NO COMMENT TONIGHT.

>> MAYOR LINDA HUDSON: MISS COX ANY COMMENTS? >> CLERK LINDA COX: NO, MA'AM.

>> MAYOR LINDA HUDSON: THE CITY COMMISSION? >> NO.

>> MAYOR LINDA HUDSON: MR. BRODERICK WOULD YOU LIKE TO START?

>> MICHAEL BRODERICK: I REALLY DON'T HAVE MUCH TO SAY BUT I WOULD MAKE ONE COMMENT.

THAT THE EDGARTOWN ORDINANCE I REALLY RESPECT THE AMOUNT OF THOUGHT AND EFFORT THE CITY COMMISSION HAS PUT IN ON THIS ISSUE PRIOR TO ME BEING ON THE CITY COMMISSION.

I HAVE THIS ACTIVITY AND IT REALLY SHOWS A REAL COMPASSION NOT ONLY FOR THE RESIDENTS BUT BUSINESS OWNERS. ALSO FUTURISTIC LOOK AS TO THAT PORTION OF THE CITY IS HEADED.

OF A LOT OF RESPECT FOR THE AMOUNT OF DEEP THOUGHT AND CONSIDERATION THE MAYOR MY FELLOW COMMISSIONERS PUT INTO THAT. I WAS ABLE TO CLEAN A LOT OF INFORMATION. FORMULATE MY OPINION BASED ON THE COMMENTS FROM THIS BODY.

AND I JUST THINK THE AMOUNT OF EFFORT THAT IS PUT IN, THE THOUGHT AND CARING.

I SEE IT HERE I CERTAINLY HOPE THE RESIDENTS SEE IT AS WELL. >> MAYOR LINDA HUDSON:

COMMISSIONER AGAINST YOU WANT TO SPEAK NEXT? >> ARNOLD S. GAINES: FOR THE

FIRST TIME I HAVE NO COMMENT. >> MAYOR LINDA HUDSON: COMMISSIONER C. JOHNSON TO HAVE

ANYTHING TO SAY TONIGHT? >> JEREMIAH JOHNSON: ON FRIDAY I GOT TO ENJOY A COUPLE RIDES ON FREEVIE, IF YOU GET THE APP.

>> A COUPLE OF CLICKS AND YOU GET A RIDE. I'M EXCITED TO SEE THAT IN DOWNTOWN EXCITED TO SEE THAT IN THE PARKING GARAGE. IT LOOKS LIKE TO BE A USEFUL SERVICE. AT THE TIME ON FRIDAY THERE WERE HALF A DOZEN EIGHT RIDES IN AND THAT WAS WITHOUT ANNOUNCING THEY WERE IN TOWN. I HAVE A FEELING IT WILL BE WIDELY USED. THEY ARE LOOKING FOR ADDITIONAL SPONSORSHIPS AND PARTNERSHIPS.

AND RIDERSHIP SO IT IS EXCITING. I SAW A MAN OF THEIR. IT LOOK LIKE A VAN, FOUR TESLAS AND A VAN. MOVING EQUIPMENT AROUND. THE ELECTRICAL WORK TO DO IS TELLING CHARGING STATIONS.

THIRD FLOOR ADJACENT TO THE EXISTING CHARGING LOCATIONS. >> MAYOR LINDA HUDSON: IT IS

OFFICIALLY OPERATING NOW? >> CURTIS JOHNSON, JR.: NO, MA'AM THEY HAD A SOFT LAUNCH BUT THE LAUNCH DATE HAS NOT BEEN DETERMINED AS OF YET. FIRST THEY HAVE TO INSTALL ALL

THE NECESSARY OPERATIONAL EQUIPMENT. >> MAYOR LINDA HUDSON: OKAY.

>> I USED THE APP AND IS AS WE ARE COMING TO YOU. >> MAYOR LINDA HUDSON: LET US

KNOW WHEN IT IS OFFICIAL. >> MAYOR LINDA HUDSON: THEY ARE GETTING CLOSE.

LOOKS OFFICIAL TO ME THEY ARE RIDING AROUND. >> MAYOR LINDA HUDSON:

COMMISSIONER C. JOHNSON? >> CURTIS JOHNSON, JR.: NO, MA'AM.

>> MAYOR LINDA HUDSON: COMMISSIONER C. JOHNSON? >> CURTIS JOHNSON, JR.: I APPRECIATE THIS COMMISSION. I AM GOING TO CHALLENGE US AS WE LIVE UP TO OUR MODEL THAT WE LOOK THROUGHOUT OUR COMMUNITIES FOR SOME OF THIS. WE HAVE TO DEAL WITH THIS.

JUST LIKE WE HAVE HEARD FROM THIS COMMUNITY I HAVE HEARD FROM MANY MEMBERS OF DISTRICT ONE SPECIFICALLY. AND THEIR ARE JUST SOME PLACE AND CLEAR VIOLATIONS.

NOT EVEN PRETENDING, CLEAR VIOLATIONS AND CITIZENS. IT IS GOOD TO HAVE CITIZENS COME AND REPRESENT. BUT ALSO A CHALLENGE. AND THANK YOU FOR PUSHING OUT AND ALLOW US TO REPORT. THERE ARE CONCERNS PEOPLE ARE CHALLENGED WITH THAT.

PEOPLE ARE LISTENING. AND WERE HERE TO RECEIVE THESE PHONE CALLS.

YOU CAN CALL ME OR ANY COMMISSIONERS I WOULD VOLUNTEER YOU GUYS IF YOU HAVE CONCERNS.

AND WE WILL GET THOSE TO THE APPROPRIATE DEPARTMENTS. SO THAT IS IT THANK YOU MADAM

MAYOR HAVE A GOOD WEEK. >> MAYOR LINDA HUDSON: I TOTALLY AGREE.

IF YOU HAVE CONCERNS ABOUT REPORTING IT. AND YOU WOULD LIKE TO REMAIN ANONYMOUS I WOULD BE HAPPY TO TAKE THAT. AND I ALWAYS GO LOOK FOR MYSELF, TOO. JUST QUICKLY MR. MIMMS. SEDO DRIVE FROM THE BRIDGE TO

[03:20:07]

>> NICHOLAS C. MIMMS,: YOU KNOW, MA'AM. >> MAYOR LINDA HUDSON: INDIAN

RIVER DRIVE, SORRY. : YOU KNOW, MA'AM. >> MAYOR LINDA HUDSON: INDIAN RIVER DRIVE, SORRY. INDIAN RIVER DRIVE I PROBABLY SHOULD NOT HAVE BROUGHT THIS UP

TONIGHT. YOU KNOW THAT ROAD. >> NICHOLAS C. MIMMS: RIVER DRIVE FROM THE ROUNDABOUT NORTH TO SEAWAY DRIVE IS A COUNTY ROAD.

>> MAYOR LINDA HUDSON: RIGHT. I HAVE BEEN TOLD. AND I DRIVE ON IT IN IT HAS POTHOLES ONCE AGAIN. AND PEOPLE HAVE COMPLAINED TO ME ABOUT IT IN I JUST DON'T KNOW HOW YOU GET THAT MESSAGE TO THE COUNTY. BUT I NO AT SOME POINT THINKING ABOUT MAYBE WE WILL TAKE THAT OVER, ISN'T THAT RIGHT AT SOME POINT?

>> WE HAVE AN EXCHANGE AGREEMENT. WE ARE IN THE DUE DILIGENCE PERIOD. WE MAY BE EXTENDING THE PERIOD FOR ADDITIONAL INVESTIGATIVE RESEARCH. HOWEVER, I AM MEETING WITH COUNTY ADMINISTRATIVE STAFF

TOMORROW MORNING. AND I WILL CARRY THAT MESSAGE. >> BECAUSE I HAD PEOPLE REALLY COUNT ON ME AFTER COFFEE WITH THE MAYOR. IT WAS A DISGRACE HOW THAT ROAD IS. I AM JUST GETTING USED TO IT. I KNOW HOW TO DODGE.

>> DODGING THE POTHOLES. >> MR. JOHNSON? >> MAYOR LINDA HUDSON: I AM

DONE. >> I FORGOT TO SAY OVER THE WEEKEND I TRAVELED UP TO TO VARIOUS, FLORIDA. THE SEAPLANE CAPITAL OF THE WORLD.

WHAT I REALLY WANTED TO DO IS A TRIP WITH MY WIFE. WENT UP THERE TO WORK AT THE SEAPLANE BASE. AND SPECIFICALLY THE INTERACTION WITH THE PUBLIC AND INTERACTION WITH PEDESTRIAN ACTIVITY. IT IS WELL PROTECTED IS WELL GUARDED WILL NOTICE.

OBVIOUSLY YOU CAN WALK IN THE PATH OF ANYTHING IF YOU PAY ATTENTION TO WHERE YOU ARE WALKING. INCLUDING ROADS OR POTHOLES. BUT I JUST WANTED TO SHARE WITH YOU. IF YOU GET A CHANCE TO TAKE A TOUR OR GO ON YOUR OWN AND GO UP THERE TO SEE WHAT CAN BE AND WHAT WILL BE PROBABLY IN THE CITY OF FORT PIERCE IT IS NEAT.

TO VARIOUS, FLORIDA NORTHWEST OF ORLANDO BASICALLY. A COUPLE HOUR DRIVE.

TAVARES, FL THERE IS A LOT OF ACTIVITY FROM THAT SEAPLANE BASE.

COMMISSIONERS IF YOU HAVE NOT GONE TO CHECK OUT RIGHT LINE STATION.

IN ORLANDO. YOU NEED TO GO IN. I HAD TO PARK IN MY SEAT.

IN LOT C I SAW THE SIGNS I SAW TERMINAL C AND SOFT TRIM TO GET TO THE OTHER TERMINALS.

BRIGHT LINE I WALKED OVER THERE, AMAZING. AND I WAS JUST THINKING PEOPLE IN THIS AREA COULD CATCH BRIGHT LINE CATCH THOSE FLIGHTS OUT OF ORLANDO AND VICE VERSA.

BRIGHT LINE I WILL STEAL SOMETHING FROM COMMISSIONER JOHNSON.

IF YOU MISSED ME READY TO TALK. >> MAYOR LINDA HUDSON: TERRIFIC ANYTHING ELSE? SHALL WE ADJOURN? AND EVERYBODY MOVED OUT OF THE

* This transcript was compiled from uncorrected Closed Captioning.