[9. COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. 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.]

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

>>JERRY: YES, MA'AM ABOUT. >>MAYOR HUDSON: YES, MA'AM.

>> NEXT WE HAVE COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT

REQUIRING PUBLIC HEARINGS. >>MAYOR HUDSON: ONE SIGN-UP.

MELANIE TRUMAN. ARE YOU INNED OUGHT YENS? I SAW YOU ON THE WAY IN. WELCOME.

STATE YOUR NAME AND ADDRESS, MA'AM.

AND YOU HAVE THREE MINUTES AND MISS COX WILL GIVE YOU A WARNING

AT THREE SECONDS. >> I AM MELANIE.

# 208 RIVER BRANCH DRIVE, FORT PIERCE, FLORIDA, 34981.

AND I WANTED TO THANK YOU ALL FOR DOING THE PROCLAMATION FOR THE VICTIMS CRIME RIGHTS WEEK. I AM A SURVIVOR.

AND AND AS A THANK YOU, I HAVE SILICON BANDS WITH THE DON'T DRINK AND DRIVE AND OUR 501-C-3 WEB SITE FOR REMEMBER FOR CHANGE. PLEASE VISIT OUR WEB SITE AND I WILL YIELD THE REST OF MY TIME, BUT THANK YOU.

>>MAYOR HUDSON: THANK YOU VERY MUCH AND THANK YOU FOR YOUR HARD WORK. THANK YOU.

[11. CONSENT AGENDA]

[00:15:03]

>> OKAY. WE MOVE ON TO THE CONSENT

AGENDA. >>MAYOR HUDSON: ANY ITEM THAT ANY COMMISSIONER WISHES TO PULL FROM THE CONSENT AGENDA?

>>COMMISSIONER GAINES: MADAM MAYOR, ITEM 11-E.

>>MAYOR HUDSON: ANY OTHER? I WILL ENTERTAIN A MOTION.

>>COMMISSIONER CURTIS JOHNSON: I MOVE APPROVAL OF ALL CONSENT

AGENDA ITEMS EXCEPT FOR LETTERE. >>JERRY: SECOND.

>>COMMISSIONER BRODERICK: YES. >>COMMISSIONER GAINES: YES.

[e. Approval of request by Peter Sweeney, Esq. for a waiver of potential conflict of interest.]

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM ABOUT.

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

>>MAYOR HUDSON: YES, MA'AM. >> ITEM 11-E, REQUEST PETER SWEENEY FOR A DWAFR OF POTENTIAL CONFLICT OF INTEREST.

>>COMMISSIONER GAINES: MOST DON'T LOOK AT THE CONSENT AGENDA AND I WANT TO UNDERSTAND WHAT THE WAIVER OF CONFLICT OF POLITICAL INTEREST WAS. I THINK ATTORNEY SWEENEY DID LIMITED WORK FOR THE CITY. AND BY LAW, HE HAS TO ADVISE OF THE, YOU KNOW, POTENTIAL CONFLICT.

I DON'T SEE WHERE IT IS A CONFLICT, BUT INSTEAD OF NOT TALKING ABOUT IT NOW AND DISCUSS IT NOW.

AND WHEN HE COMES BACK IN FRONT OF US SOMEBODY COMES BACK UP AND SAY WAIT A MINUTE, DIDN'T HE DO X, WHYR, AND Z FOR THE CITY.

THOSE LISTENING TO THIS PROGRAM AND MEETING TO UNDERSTAND THAT HE DID PUT IT IN. HE RAN IT.

AND I HAVE NO PERSONAL CONFLICT OF HIM, YOU KNOW, REPRESENTING HIS CLIENT. THAT'S WHY I BROUGHT IT UP.

>>MAYOR HUDSON: ANY OTHER COMMISSIONER WANT TO COMMENT ON THIS? A CITY ATTORNEY FOR A PERIOD OF TIME. GARZ GARZ SINCE I BROUGHT IT UP, MADAM MAYOR, I MAKE A MOTION WE APPROVE 11-E.

>>JERRY: SECOND. >>COMMISSIONER BRODERICK: YES.

>>COMMISSIONER GAINES: YES, MA'AM.

[a. Legislative Hearing - Ordinance 23-025 - Final Budget Amendment of the General Fund 2021-22 Budget. SECOND READING]

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

>> AN ORDINANCE AMENDING THE 2021.22 BUDGET OF THE CITY OF FORT PIERCE OF ASSERTING A SCHEDULE AND DESIGNATED AS THE 2021-2022 FINAL BUDGET AMENDMENT AND PROVIDES FOR INCREASES AND DECREASES AND APPROPRIATIONS OF THE GENERAL FUND, PROVIDING FOR SEVERABILITY. PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH AND THIS IS THE SECOND READING.

>>MAYOR HUDSON: THIS IS THE SECOND READING.

ANYONE WISHING TO ADDRESS THIS ISSUE, PLEASE COME FORWARD.

HEARING NONE. ENTERTAIN A MOTION.

>> MOTION. >> SECOND.

>>MAYOR HUDSON: MOTION AND SECOND.

CALL THE ROLL. >>COMMISSIONER BRODERICK: YES.

[b. Legislative Hearing - Ordinance 23-023 amending Chapter 117 of the Code of Ordinances entitled "Signs." SECOND READING]

>>COMMISSIONER GAINES: YES, MA'AM.

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

>>COMMISSIONER J. JOHNSON: YES, MA

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

>> NEXT ORDINANCE 23-023. ORDINANCE AMENDING CHAPTER 117 OF THE CODE OF ORDINANCES ENTITLED SIGNS PROVISIONS IN CONFLICT WITH PURCHASE THIS STATUTE 553.792 PAREN 2A PROVIDING FOR SEVERABILITY AND PARTS THEREOF IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. THE SECOND READING.

>>MAYOR HUDSON: THE SECOND READING.

MR. THOMAS, ANYTHING TO ADD? THEN WISHING TO ADDRESS IN, COME FORWARD. SEEING NO ONE, GO BACK TO THE

COMMISSION. >>COMMISSIONER J. JOHNSON: MOVE

FOR THE APPROVAL. >> SECOND.

>>COMMISSIONER BRODERICK: YES. >>COMMISSIONER GAINES: YES,

[c. Legislative Hearing - Ordinance 23-024 Amending Chapter 103, Article II "Building Code," Division 2 of the Code of Ordinances Entitled "Building Fees." SECOND READING]

MA'AM. >>COMMISSIONER CURTIS JOHNSON:

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

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

>> OKAY. WE HAVE A LEGISLATIVE HEARING FOR ORDINANCE 23-024, AN ORDINANCE BY THE CITY OF FORT PIERCE AMENDING CHAPTER 103, ARTICLE 2, BUILDING CODES, DIVISION 2, CODE OF ORDINANCES ENTITLED BUILDING GUYS.

WHEN FEES ARE DUE AND ESTABLISHING THE PREREVIEW INCENTIVE AND PROVIDING FOR REFUND A APPLICABILITY.

PROVIDING PERMANENT GUYS AND PLAN GUYS.

TO CORRECT CODIFICATION ORDERS TO PROVIDE AN ADDITIONAL INCENTIVE FEE. AMENDING SECTION 10 #-562, PROVIDING ADDITIONAL PENALTY FEE AND PROVIDING FOR SEVERABILITY AND ORDINANCES AND PARTS OF ORDINANCES PROVIDING FOR AN EFFECTIVE DATE. THIS IS THE SECOND READING.

[00:20:02]

>>MAYOR HUDSON: THIS IS THE SECOND READING.

ANYONE WISHING TO ADDRESS THIS ISSUE BEFORE THE COMMISSION, PLEASE COME TO FORWARD? MR. THOMAS, ANYTHING ELSE TO

ADD. >> A MOTION.

>> SECOND. >>MAYOR HUDSON: CALL THE ROLL.

>>COMMISSIONER BRODERICK: YES. >>COMMISSIONER GAINES: YES,

[d. Legislative Hearing - Ordinance 23-029 Amending Chapter 103, Article V, Amending Section 103-203 Regulation of Stormwater Run-off. FIRST READING]

MA'AM. >>COMMISSIONER CURTIS JOHNSON:

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

>>MAYOR HUDSON: YES, MA'AM. >> NEXT WE HAVE ORDINANCE 23-029, ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 103 ARTICLE V, AMENDING SECTION 103-203 REGULATION OF STORMWATER RUNOFF, REPEALING ALL ORDINANCE OS ARE PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.

THIS IS THE FIRST READING. >>MAYOR HUDSON: FIRST READING, MR. THOMAS, YOU HAVE IS A SOMETHING TO SAY?

>> YES, MA'AM, MARE, COMMISSIONER, THIS IS A CLARIFICATION THAT REFINEMENTS ARE BEING REFINED.

THE REQUIREMENT FOR THE CERTIFIED DRAINAGE PLAN WAS APPROVED BY THIS COMMISSION TWO YEARS AGO APRIL 19, 2021.

THIS ISN'T ANYTHING DIFFERENT. WE HAVE A REQUIREMENT FOR CERTIFIED DRAINAGE PLANS ON PRIVATE PROPERTY WITH POOLS AND HOUSES AND THINGS OF THAT SORT. WE WANTED TO CLARIFY THE PARAMETERS. NUMBER ONE, WE WANTED TO ESTABLISH THE REQUIREMENT THAT A ENGINEER ACTUALLY PRODUCED THE PLAN. A PERSON QUALIFIED TO PRODUCE A PLAN. THERE WERE DISPUTES WHO WAS QUALIFIED TO DO A CERTIFIED DRAINAGE PLAN SO SURVEYORS WERE SUBMITTING DOCUMENTATION. SUBMITTING DOCUMENTATION AND TO SATISFY THE REQUIREMENT OF THE CODE.

THE LOCAL ORDINANCE STATES THAT AN INDIVIDUAL IS SUPPOSED TO KEEP THEIR STORMWATER ON THEIR OWN PROPERTY AND IT SHOULDN'T IMPACT A NEIGHBOR'S PROPERTY. BASICALLY ALL OF THESE REQUIREMENTS ARE JUST TO ASSURE THAT THIS CERTIFIED DRAINAGE PLAN SATISFIES THE REQUIREMENTS OF OUR LOCAL ORDINANCE.

SO THAT IS BASICALLY IT. THE SECOND -- THE THIRD POINT WOULD BE THAT THERE IS A STATEMENT THAT SAYS THAT THE DRAINAGE PLAN DOES COMPLY WITH OUR LOCAL ORDINANCE AND SATISFIES IT. THE FOURTH CONDITION, PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY AND FINAL LEGISLATION OF A PERMIT, THERE WILL BE A VERIFICATION STATEMENT SUBMITTED BY THE ENGINEER THAT THEIR WORK AND THEIR DRAINAGE PLAN DOES SATISFY THE REQUIREMENTS OF OUR LOCAL ORDINANCE.

BASICALLY MAKES SURE THAT THE DRAINAGE PLAN ACTUALLY FULFILLS THE 3UR7 FOR WHICH IT WAS REQUIRED.

THAT'S ALL. >>MAYOR HUDSON: MAKES IT CLEAR AND BECOMING INCREASINGLY IMPORTANT BECAUSE OF THE FLOODING AND EVERYTHING THAT WE ARE FIGHTING AS A COASTAL COMM COMMUNITY.

QUESTIONS OF STAFF, COMMISSIONER JOHNSON.

>>COMMISSIONER J. JOHNSON: THANK YOU, MR. THOMAS.

YOU AND I HAD A CHANCE TO TALK OF THIS.

HE SPECIFICALLY. ANOTHER LAYER IN THE PROCESS AND ANOTHER PROFESSIONAL THAT HAS TO CERTIFY CONSTRUCTION, SPECIFICALLY RESIDENTIAL CONSTRUCTION WHICH IS GOING TO BE SOMEWHAT CHALLENGING JUST BEING IN THE FIELD ON A DAY-TO-DAY BASIS. NOT ONLY REQUIRING IT UP FRONT, BUT REQUIRING AS BUILD DRAWING IN ADDITION SO THEY HAVE TO COME OUT TWICE. SO WHY -- EXPLAIN TO ME OR EXPAND UPON THE CONVERSATION OF THE OTHER PROFESSIONALS.

BECAUSE TO ME, LICENSED SURVEYORS SHOULD BE ABLE TO PROVIDE THE INFORMATION AND BACKGROUND DATA OF A ENGINEER OF RECORD. AN ARCHITECT SEEMS LIKE THEY WOULD HAVE THE MEANS AND METHODS TO CERTIFY SUCH THINGS.

AND EVEN A GENERAL CONTRACTOR, EVEN A RESIDENTIAL CONTRACTOR SHOULD HAVE THAT CAPABILITY JUST KNOWING THE TESTING PROGRAM WITHIN THE STATE OF FLORIDA. SO ELABORATE A LITTLE BIT ON YOUR CONVERSATIONS ABOUT THE OTHER PROFESSIONALS, PLEASE.

>> YES. INITIALLY WHEN WE CAME UP FOR THE IDEA FOR THE CERTIFIED DRAINAGE PLAN, THE -- IT JUST CHANGED TO ENGINEERED DRAINAGE PLAN.

WE WERE LOOKING FOR A DESIGN PROFESSIONAL TO BE ABLE TO COMPLETE THE DOCUMENTS. THE CHALLENGE THAT WE WERE HAVING WAS THAT AS THEY WERE SUBMITTED, WE WEREN'T GETTING ENOUGH INFORMATION. SO YOU IF YOU SAY A SURVEYOR SHOULD BE ABLE TO DO THAT, BUT THE CONTRACTOR PAYS A SURVEYOR TO DO IT, HE STILL CAN'T GET PAST THE PROCESS BECAUSE NOT

[00:25:04]

ENOUGH INFORMATION TO DEMONSTRATE COMPLIANCE, WE GET DELAYED AND CONTINUE TO HAVE PROBLEMS. WE ARE CONFIDENT THAT WHEN AN ENGINEER SIGNS AND SEALS AND TAKES ON THE TASK THAT HE HAS THE EXPERIENCE AND KNOWLEDGE TO BE ABLE TO PROVIDE A DOCUMENT THAT IS GOING TO WORK.

THAT IS WHY WE REQUIRE AN ENGINEERED DRAINAGE PLAN, TECHNICALLY AN ARCHITECT COULD DO IT AS WELL.

TYPICALLY ARCHITECTS WILL UTILIZED ENGINEERS TO DO THEIR WORK ANYWAY. WE WENT DIRECTLY TO THE ENGINEER BECAUSE THEY ARE THE BOOTS ON GROUND.

>>COMMISSIONER J. JOHNSON: I APPRECIATE THAT.

I AM CHALLENGED BY THIS. I AM CHALLENGED BY THE PROCESSING OF SINGLE-FAMILY LOTS AND SINGLE-FAMILY RESIDENTIAL CON INSTRUCTION. HOW ABOUT ADDITIONS OF A SWIMMING POOL TO A PROPERTY. DOES THAT QUALIFY ALSO?

>> YES, IT DOES. >>COMMISSIONER J. JOHNSON: I SEE A LOT OF HURDLES HERE. I REALLY DO.

I AM GOING BEING BLUNT AND HONEST.

GOING TO BE A LOT OF CHALLENGES. VERY EXPENSIVE ON BEHALF OF THE HOMEOWNER AND THE PERSON MAKING THE APPLICATION.

IS THERE NOT -- YOU DIDN'T SEE A WAY TO HANDLE THIS IN THE APPLICATION PROCESS, WHICH, YOU KNOW, DURING THE C.O. WE CAN CERTIFY IT AT THAT POINT ALSO? I MEAN WHAT ARE THE CHALLENGES FROM YOUR FORECAST AND YOUR STAFF AND YOUR INSPECTORS?

>> WELL, RESIDENTIAL -- EXCUSE ME -- THE GREATEST CHALLENGE FOR ANY TYPE OF DRAINAGE PROJECT IS THAT THERE ARE NO SPECIFICATIONS IN THE FLORIDA BUILDING CODE. AND OUR PLANNERS ARE NOT WALL FEED AS ENGINEERS TO DO A PLAN REVIEW; THEREFORE, CURRENTLY, THE ENGINEERING DEPARTMENT DOES NOT REVIEW RESIDENTIAL PROJECTS.

OUR ORDINANCE SAYS THAT A PERSON MUST KEEP THEIR STORMWATER ON THEIR PROPERTY. THAT IS WHAT THE ORDINANCE SAYS, THE BUILDING DEPTH REALLY NOT RESPONSIBLE.

DON'T HAVE AN ENGINEER TO READ THE PLAN TO SAY IF THE DRAINAGE IS CORRECT OR NOT. WE ARE NOT ENGINEERS.

THE ORDINANCE REQUIRES A PERSON, IF THEY ARE GOING TO MODIFY, BUILD OR ADD A POOL, THAT THEY MAINTAIN THEIR WATER OR STORMWATER ON THEIR OWN PROPERTY.

THE PURPOSE OF THE ORDINANCE IS TO MAKE SURE THAT NEW CONSTRUCTION SATISFIES THE REQUIREMENTS OF THE CITY AND THIS ENGINEER BECOMES THE RESPONSIBLE PARTY SO HE SUBMITS A CERTIFIED DRAINAGE PLANS AND MANY HOUSES AND STRUCTURES IN THE CITY THAT WERE BUILT BEFORE FLOOD ELEVATION.

YOU HAVE A HOUSE THAT WAS HERE AND BUILT IN 1950 AT THIS LEVEL AND THE HOUSE NEXT DOOR IS BUILT FIVE FEET HIGHER AND THE BIGGEST CONCERN AND COMPLAINTS WITH THE COMMUNITY WHETHER STORMWATER IS GOING TO COME ON MY PROPERTY AND WE GET THAT REGULARLY.

THE ORDINANCE IS SET TO PROTECT THEM THE DEPARTMENT DOESN'T HAVE THE ABILITY TO ENFORCE THE ELEMENTS, THEREFORE THE RESPONSIBLE PARTY IS THE OPENING NEAR THAT MAKES THE CERTIFIED DRAINAGE PLAN. HE DRAWS THE PLAN AND ENSURES THAT THE STORMWATER IS GOING TO BE CONTAINED OR DIRECTED TO THE STREET HOWEVER IT IS GOING TO BE CONTAINED AND HE IS THE ONE THAT VERIFIES THAT IT IS SUFFICIENT. SO THAT'S WHY WE WANT THE ENGINEER. WE WANT SOMEBODY -- THIS ISN'T JUST A FORMALITY. TO BE IN WITH THE ORDINANCE AND PRESENT THESE NEIGHBOR DISPUTES THAT TAKE UP A LOT OF STAFF TIME. YOU GET IT REGULARLY.

CERTAINLY KNOW THAT YOU DO. WE JUST ESTABLISH A PERSON WHO YOU AS AN EDGE NEAR HAVE CERTIFIED DRAINAGE PLANNING.

YOU DO THE CALCULATIONS AND THERES A PROBLEM IN THE FUTURE, THEN BOTH THE AGGRIEVED PARTY AND THE PERSON WHO IS ALLOW YOUING THE STORMWATER TO ENCROACH ON SOMEONE ELSE'S PROPERTY CAN GO TO ONE PERSON. BECAUSE THEY ARE THE PROFESSIONAL WHO IS RESPONSIBLE AS OPPOSED TO COMING TO THE CITY. BECAUSE THE CITY DOESN'T BUILD ANYTHING. THE ARGUMENT IS HOW DID YOU GET THEM DO IT. WELL, WHAT -- WHAT CAN WE DO, RIGHT. THIS IS THE PROFESSIONAL HE IS THE PROFESSIONAL PARTY. IF THERE IS A PROBLEM, HE IS

RESPONSIBLE. >>COMMISSIONER J. JOHNSON: OKAY.

MY LAST COMMENT, MADAM MAYOR. I THINK THIS IS GOING TO BE A CHALLENGE. CREATE AN UNINTENDED CONSEQUENCE WE ARE NOT SEEING YET AND I DON'T KNOW WHAT THAT IS AND SEE IT. WHEN I HAVE A GUT FEELING I ANNOUNCE IT A. AND I WANT IT TO BE OUT THERE.

GOING TO BE CHALLENGING. OTHER JURISDICTIONS HAVE

[00:30:02]

EMBARKED UPON THIS? WHAT ARE THEY DOING WITH THE

NEIGHBORING CITIES AND COUNTIES. >> MY UNDERSTANDING IS BEFORE WE -- BEFORE WE REQUIRED IT -- OR REQUESTED THAT IT BE WRITTEN IN 2021 THAT WE DID LOOK AROUND AND THIS WAS UTILIZED BY OTHER COMMUNITIES. I CAN DOUBLE CHECK THAT FOR YOU

IF YOU WOULD LIKE. >>COMMISSIONER J. JOHNSON: COMMISSIONERS, I AM CHALLENGED BY THIS ONE.

I NEED NOR RESEARCH. MAYBE I WILL HEAR IT TONIGHT,

BUT -- >>MAYOR HUDSON: THIS A FIRST READING. THERE WILL BE A SECOND READING

SO BRING US THAT INFORMATION. >> CERTAINLY, ONE THING I WOULD LIKE TO ADD IS IT HAS BEEN ESTABLISHED THIS IS THE SECOND YEAR IN HAS BEEN IN EFFECT. SO ALL OF THE CLARIFICATIONSES ARE JUST TOO REFINE THIS SO IT FUNCTIONS DIRECTLY AND NOT MUCH DIFFICULTY. HOWEVER, SINCE WE IMPLEMENTED THIS, PUSHPACK FROM THE PUBLIC TO SOME DEGREE BECAUSE THIS IS NEW AND THERE IS A MEASURE OF CONFUSION AS TO WHAT IT IS.

GENERALLY ONCE WE COMPLAIN IT TO THE CONTRACTORS AND EVEN THE POOL CONTRACTORS, AND THEY UNDERSTAND WHAT THE PURPOSE IS AND WHY IT IS NECESSARY, WE GET COMPLIANCE.

AND IT HAS HAD A GREAT IMPACT ON 79 NEIGHBORS.

WE DON'T GET AS MANY CALLS AND AS MANY DISPUTES FROM THE NEIGHBORS. AND IT HAS BEEN IN PLACE TWO YEARS. I DEFINITELY RESPECT WHAT YOU ARE SAYING A FINANCIAL IMPACT BECAUSE OBVIOUSLY IT DOES.

HOWEVER, WHAT IT IS DESIGNED TO ADDRESS SEEMS TO BE ADDRESSING TAT IN A WAY THAT IS BENEFICIAL TO THE COMMUNITY AND A WAY MENTIONED BY THE MAYOR. AS THE FLOOD CONCERN CONTINUES TO INCREASE OUR STREETS AND NEIGHBORHOOD FLOOD.

THIS PROBLEM IS NOT GOING AWAY AND WILL INCREASE.

THIS IS REALLY THE ONLY WAY THAT WE CAN SEE RIGHT NOW TO BE ABLE

TO ADDRESS THIS. >>COMMISSIONER J. JOHNSON: I THINK IT AS GREAT ORDINANCE. I THINK I AM CHALLENGE BY THE DEGREE OF SPECIFICITY WITH AN ENGINEER BECAUSE IF YOU GET A STATE CONTRACTOR'S LICENSE, YOU GET AN ARCHITECT.

AN ENGINEER WITH THE LICENSE, THEY ARE ALL REQUIRED TO DO SOME MATH AT THE END OF THE DAY. TO BE A CCBO, YOU NEED TO DO SOME MATH. CERTIFIED BUILDING OFFICIAL.

I AM JUST NOT SURE -- I AM AN ENGINEER.

I DON'T KNOW IF IT IS THE REALM OF THAT ONE PINPOINTED SPOT.

AND I UNDERSTAND THE RUNOFF AND THE CHALLENGES WITH IT AND THAT'S WHY WE BROUGHT THIS ORDINANCE FORWARD.

I'M JUST CHALLENGED, LIKE I SAID, BEING VERY SPECIFIC WHAT IS GOING TO HAPPEN HOW WE CERTIFY THE PROCESS ITSELF.

IS IT GOING TO STIFLE OPPORTUNITIES WITHIN OUR COMMUNITY FOR SOMEONE PURSUING A SINGLE-FAMILY RESIDENCE AND HIM BUILDING A HOME. COULD BE A TIMING OR FINANCIAL THING. I SEE THAT AS A CHALLENGE.

>>MAYOR HUDSON: ARE YOU -- FOR TWO YEARS, THIS HAS BEEN IN

PLACE? >> YES, THIS IS HAPPENING.

>>MAYOR HUDSON: THIS IS ALREADY HAPPENING?

>> YES. >>MAYOR HUDSON: COMMISSION

GAINES. >>COMMISSIONER GAINES: MADAM MAYOR, COMMISSIONER JOHNSON, I UNDERSTAND WHERE YOU ARE COMING FROM, BUT AS A RESIDENT WHO HAS GONE THROUGH A SITUATION LIKE THIS WHEN I WAS DOWN SOUTH THAT I WAS TOLD THAT THE POOL MY NEIGHBOR WAS BUILDING WASN'T GOING TO BE ANY PROBLEM FOR MY YARD, AND THE FIRST TIME IT RAINED, I TOOK OUT MY FISHING POLE AND WENT IN MY YARD PAUSE THAT MUCH WATER IN MY YARD.

SO I THINK THAT IF WE CAN PROTECT RESIDENTS, ANY KIND OF WAY WE CAN AND IF YOU WANT TO PUT A POOL IN AND YOU WANT TO BE DO SOMETHING FOR YOUR PROPERTY, YOU NEED -- IF IT IS AN EXTRA COST, YOU NEED TO DO IT BECAUSE THE RESIDENTS NEXT TO YOU NEED TO BE PROTECTED. AND I UNDERSTAND BECAUSE AT THE END OF THE DAY, THE PERSON WHO HAS THE WATER IN THEIR YARD IS LOOKING TO BLAME SOMEBODY FOR WHY THE WATER IS IN HIS YARD.

LET'S JUST CUT THROUGH THE CHASE.

THAT IS WHAT IT IS ALL ABOUT. BLAMING FOR WATER IN THE YARD.

FOR AN ENGINEER AND ANY OTHER PROFESSIONAL, WHEN THEY SIGN THEIR NAME TO IT, YOU KNOW, THAT IS WHAT WE ARE RELYING ON.

THE OTHER THING I CAN SEE IS, WE HIRE AN ENGINEER OURSELVES AND WITH HE CAN DO IT. I DON'T KNOW IF THAT IS SOMETHING WE WANT TO DO EITHER. I UNDERSTAND THE RATIONALE.

TO RESIDENTS LISTENING, JUST KNOW WE WANT TO YOU COME.

WE WANT YOU TO BUILD. BUT, AGAIN, WE HAVE TO PROTECT THE PEOPLE WHO ARE ALREADY HERE. WHO ARE ALREADY HERE.

[00:35:02]

AND I HAVE EXPERIENCED IT. SO I UNDERSTAND WHAT YOU ARE GOING THROUGH AND THE CALLS I GOT AND FINGER POINTING I GOT.

CALL THIS PERSON. CALL THAT PERSON.

CALL THIS PERSON. THAT CAN BE FRUSTRATING WHEN YOU HAVE YOUR PROPERTY UNDER WATER. SO WITH THAT BEING SAID, YOU HAVE BEEN DOING THIS FOR TWO YEARS.

>> YES, SIR. >>COMMISSIONER GAINES: WHAT PUSH BACK HAVE YOU GOTTEN ANYTHING IN TWO YEARS?

>> THE ONLY PUSH BACK -- MADAM MA

MAYOR. >>MAYOR HUDSON: YES.

>> THE ONLY PUSH BACK IS SOMETHING THAT THIS APPEARS TO BE DIFFERENT. A CONTRACTOR DOING IT 20 YEARS AND SAYS WHAT IS THIS? WHY IS THIS? THOSE CHALLENGES. THE NEXT CHALLENGE IS WHO CAN DO IT. ONCE THEY FINALLY FIND A PERSON WHO IS QUALIFIED TO DO IT, IT GOES VERY, VERY QUICKLY.

ONE OF THE BIGGEST CHALLENGES WHEN YOU HAVE SOMEONE WHO IS NOT QUALIFIED TO DO IT. THAT IS WHY WE ARE TRYING TO REFINE IT TO GET THE RIGHT PERSON UP FRONT A OPPOSED TO.

I PAID THIS PERSON. THEY SUBMITTED SOMETHING.

IT DOESN'T WORK. AND I HAVE TO PAY SOMEONE TO GO BACK AND CORRECT. IT IS EVEN MORE FRUSTRATING.

CERTAINLY AN EXPENSE INCURRED AND AN ADDITIONAL EXPENSE, THAT IS TRUE BUT I THINK IN THE LAST TWO YEARS, THE NUMBER OF HOUSES THAT THE SINGLE-FAMILY RESIDENTS CONSTRUCTED IN THE CITY OF FORT PIERCE IS THE GREATEST IN THE HISTORY OF THE CITY.

AND THIS HAS NOT BEEN A CONSTANT ISSUE.

I WOULDN'T THINK THAT IT IS REGULARLY COME BEFORE ANY OF YOU AS COMMISSIONERS. WE GET THE PUSH BACK BETWEEN THE CONTRACTORS. BUT ULTIMATELY ONCE IT IS ACCOMPLISHED, IT IS BETTER FOR ALL PARTIES INVOLVED AND RESOLVES A VERY PROBLEMATIC I SHALL -- ISSUE.

>>COMMISSIONER GAINES: LIKE I SIDE, EVERYBODY FLYING IN PASSED A ROAD FLOODING BECAUSE OF THE RAIN WE HAD AND IT LOOKS LIKE IT IS COMING AGAIN AND LOOKS LIKE THIS IS WILL BE YEARLY, THIS TIME APRIL, MAY, WE WILL HAVE THESE FLOODS.

ANYTHING WE CAN TO DO PROTECT THE RESIDENTS WHO ARE ALREADY THERE, I AM FOR THAT. SO THANK YOU.

>>MAYOR HUDSON: COMMISSIONER C. JOHNSON.

>>COMMISSIONER CURTIS JOHNSON: THANK YOU, MR. THOMAS, FOR BRINGING THIS FORWARD. I WILL BE INTERESTED IN LOOKING AT THE TWO-YEAR DATA FOR SECOND READING TO GET A SEMBLANCE OF WHAT NUMBER WE ARE TALKING ABOUT WHEN WE GO THROUGH THIS PROCESS.

I, TOO, COME DOWN ON THE SIDE OF PROTECTION.

OUR CITY IS GROWING. LANDS THAT WE WOULD DRIVE BY THAT WERE TREES AND PEPPER BUSHES OR WHATEVER, THOSE THINGS ARE BEING KNOCKED DOWN AND CONCRETE IS BEING LAID THERE.

SO THE OPPORTUNITY -- -- JUST TO SIT THERE AND DRAIN THERE AND OUT OF SIGHT AND CONCERN AND GO THERE WITH WON CRETE BEING LAID.

WE ARE TRYING OUR BEST TO ADDRESS THIS AND TO ABOUT I THINK THIS FORWARD. A QUICK SMALL QUESTION AND I HAVE TO BE CAREFUL WHEN I ASK THIS.

WHEN THE RESIDENTS COME TO YOU, ARE THEY COMING TO SEEK, MAYBE, RECOMMENDATIONS OF COMPANIES THAT ARE MAYBE CERTIFIED WITH THE CITY OR HAVE DONE BUSINESS WITH US SO WE GIVE THEM SOME GUIDANCE AS TO WHO MAY BE REALLY GOOD IN THIS PARTICULAR AREA? NOT THAT WE ARE PLAYING FAVORITES.

LET THEM KNOW -- IF THEY ARE FROM OUT OF TOWN.

>> MADAM MAYOR, COMMISSIONER JOHNSON, TYPICALLY THE BUILDING DEPARTMENT IS PROHIBITED FROM MAKING RECOMMENDATIONS; HOWEVER, IT IS PUBLIC RECORD. SO IF A PERSON DECIDES -- IF THEY SAY, HEY, WHO HAS DONE THIS BEFORE.

LIKE, FOR INSTANCE, I WILL GIVE YOU AN EXAMPLE FOR SPRINKLER CONTRACTORS. THERE IS A VERY, VERY SMALL POOL OF SPRINKLER CONTRACTORS IN ST. LUCIE COUNTY.

YOU WILL GO WITH THIS ONE OR THAT ONE.

A IF PERSON IS INTERESTED IN KNOWING WHERE HAVE THEY DONE IT BEFORE. THEY CAN SEND IN A PUBLIC

RECORDS REQUEST. >> HELPS THE PEOPLE AS WELL.

AS PEOPLE ARE WATCHING THIS AND SEEK THE INFORMATION OF WHOSE -- WHO HAS BEEN HERE BEFORE, I GUESS.

THANK YOU. >>COMMISSIONER BRODERICK: QUICK QUESTION. MR. THOMAS, YOU RECENTLY HAVE BEEN APPOINTED THE CITY'S RESILIENCY OFFICER AS WELL.

I SEE WHERE THIS TIES INTO THIS DIRECTLY.

BUT MY QUESTION IS, ANY COMMERCIAL DEVELOPMENT IN THE CITY, COMMERCIAL, INDUSTRIAL, ETC.

ALREADY HAS THIS REQUIREMENT IN PLACE.

STORMWATER DRAINAGE REQUIREMENTS ARE LOOKED INTO THE APPLICATION PROCESS. YOU ARE JUST EXPAND THIS TO

[00:40:02]

APPLY TO THE RESIDENTIAL ARENA? >> MADAM MAYOR, COMMISSIONER.

PRESIDENT ENGINEERING DEPARTMENT REVIEWS ALL STORMWATER ON COMMERCIAL AND INDUSTRIAL PROJ

PROJECTS HOWEVER NOT. >>COMMISSIONER BRODERICK: A SIGNED SEALED STATUTE FOR THE REQUIREMENT AND THOSE THAT HIRE OUTSIDE FIRMS FOR ON-SITE CAPACITY AND THAT COMES IN THEIR APPLICATION PACKAGE. IT IS REALLY NOT DIFFERENT BUT EXPANDING THE SAME PROGRAM, IN MY BEEN.

IS THAT AN ACCURATE STATEMENT? >> I WOULD SAY YES.

I HAVEN'T THOUGHT OF IT THAT WAY, I WOULD SAY IF YOU DO A COMMERCIAL PROJECT, PAY AN ENGINEER AND PROFESSIONAL FOR DRAINAGE AND SURVEYS AND ALL OF THAT.

LOGICALLY IF YOU WANT TO BUILD A NEW HOUSE, INCUMBENT UPON THE BUILDER OR THE OWNER TO DO THE SAME.

IT IS AN ADDITIONAL EXPENSE BECAUSE IN THE PAST WE HAVEN'T,

BUT IT IS A PART OF THE PACKAGE. >> I THINK IN TODAY'S DAY AND AGE WITH ADDITIONAL WATER PROBLEMS BECOMING MORE AND MORE PREVALENT, THAT UNFORTUNATELY, THIS IS NOW GOING TO BE A REQUIREMENT. ONE QUESTION OR CLARIFICATION.

I MISSED A PORTION WHERE YOU SAID ENFORCING THIS FOR TWO YEARS AND HAVEN'T REQUIRED AN ENGINEER DRAURG FOR TWO YEARS.

SURVEYORINGS AND ARCHITECTS FROM OTHERS WHO ARE QUALIFIED TO DO THIS. YOU ARE SAYING YOU WILL MAKE THIS COMPLETELY IN THE ENGINEERING DEPARTMENT.

>> INITIALLY WE SAID A SIGNED AND SEALED CERTIFIED DRAINAGE PLAN. NOW WE ARE SAYING AN ENGINEER DRAINAGE PLAN, NOT ONLY CONDUCTED BY THE ENGINEER BUT HAVE TO PROVIDE THE BACKGROUND INFORMATION THAT YOUR DRAINAGE OR ELEVATINS, TOPOGRAPHY AND ALL OF THOSE THINGS THAT IT REALLY WORKS. ULTIMATELY WE ARE NOT JUST LOOKING FOR A DOCUMENT THAT IS JUST WORTH NOTHING.

WE NEED TO MAKE SURE IT IS FUNCTIONAL AND IF YOU ARE GOING TO PAY THE MONEY, YOU MIGHT AS WELL GET THE ACTUAL SERVICE.

>>COMMISSIONER BRODERICK: THANK YOU.

I AGREE WITH COMMISSIONER J. JOHNSON'S COMMENTS TO ADD ADDITIONAL BURDEN, COSTS AND TIME DELAYS.

BUT I AGREE WITH COMMENTARY BY SEVERAL COMMISSIONERS HERE THAT THIS HAS HOW BECOME A IN ESTEE. I SEE WHERE YOU ARE GOING WITH THIS. AND WHY THIS MAY NOT BE WHAT EVERYBODY SFB LOOKING FOR, I THINK IT WILL FIT THE NEED.

>> WE CERTAINLY AS A COMMISSION HAVE BEEN FACED WITH PEOPLE HAVING NEW HOMES COMING NEAR THEM TALKING TO US OF THE DRAINAGE. BEING VERY CONCERNED OF THE DRAINAGE AND WE WANT TO BE ABLE TO ASSURE THEM THAT WILL NOT ADVERSELY AFFECT THEIR PROPERTY. SOUNDS LIKE THAT IS WHAT YOU ARE TRYING TO DO. THERE MAY BE ANOTHER WAY TO DO IT. I DON'T KNOW.

MAY BE OTHER WAYS. RIGHT NOW THIS IS WHAT YOU ARE SUGGESTING. COMMISSIONER JOHNSON.

>>COMMISSIONER J. JOHNSON: I WANT TO CLARIFY.

HERE IS THE SITUATION, HALF ACRE LOT, EXISTING RESIDENTS.

I PULL A PERMIT FOR A SHED AND A 10 X 10 CONTRAT PAD.

I NEED TO GET AN ENGINEER TO TELL ME THAT THE STORMWATER IS

IN EFFECT? >> DEPENDS IF THE ORDINANCES}

>> HEST SPECIFIES THAT. FOR INSTANCE, IF YOU PUT A SHED, WATER COMING OFF THE ROOF. LOGICALLY DOWN SPOTS AND PERHAPS NOT DEPENDING ON THE SCOPE OF YOUR LAND.

IF IT GOES THROUGH YOUR NEIGHBOR'S YARD OR WHATEVER.

PERHAPS YOU BUILD A BERM OR DIFFERENT.

BUT THE INTENT IS TO PROTECT YOUR NEIGHBORS.

>>COMMISSIONER J. JOHNSON: 100%. I AM A STORMWATER ENGINEER.

WHAT I DO IN ADDITION TO BUILDING THINGS.

YOU SEE WHERE I AM GOING WITH THIS.

SHED PERMIT OVER THE COUNTER WITH A 10 X 10 APPROACH DECK TO CLEAN MY LAWNMOWER UP BEFORE I PUT IS IN THE SHED.

MY CHALLENGE. I HAVE A HALF-ACRE LOT.

I CAN PROMISE YOU I AM NOT IMPEDING.

BY THE TIME THE WATER GETS TO SIDE YARD, IT HAS GONE AWAY NOW.

>>MAYOR HUDSON: YOU ARE NOT BECAUSE YOU ARE A STORMWATER ENGINEER. [LAUGHTER]

>>COMMISSIONER J. JOHNSON: OUR RESIDENTS ARE GOING TO FEEL THIS. THEY PULL A SHED PERMIT AND IT IS GOING TO BE A WHAT? NOT GOING TO BE INEXPENSIVE.

TEN TIMES THAT OF A SHED PERMIT. THERE IS A WAY.

HASH THIS OUT. I THINK I NEED MORE DATA.

I NEED MORE DATA LIKE COMMISSIONER C. JOHNSON JUST ASKED FOR. I AM STRUGGLING WITH IT BECAUSE -- I AM THINKING OF PERCENT -- THEY OF PLANNING AND ZONING AND PERCENTAGE THRESHOLDS. THAT'S WHERE I AM AT.

>> THAT IS LOGICAL. >>MAYOR HUDSON: ARE YOU CLEAR

[00:45:03]

WHAT WE WANT FOR MORE INFORMATION?

>> I THINK SO. JUST TO CLARIFY.

WE WOULD LIKE TO PERHAPS INVESTIGATE PERCENTAGE OF AIR I

>>MAYOR HUDSON: A GOOD POINT. >> SECONDARILY, COMMISSIONER JOHNSON WAS LOOKING AT THE NUMBER IN THE LAST TWO YEARS.

>>COMMISSIONER CURTIS JOHNSON: TO THAT DEGREE, HE GAVE A VERY SPECIFIC EXAMPLE. WHAT IS THE PROBABILITY OF THAT? MOST OF US THINK RESIDENTIAL, WE ARE NOT THINKING TEN-ACRE LOTS.

ONE ACRE. >>COMMISSIONER J. JOHNSON: HALF

ACRE. >>COMMISSIONER CURTIS JOHNSON: POSSIBILITY OF WHAT WE ARE SEEING IN THESE LOTS AND A 95% PERCENTILE TO ACCOMMODATE WHAT WE SEE IN OUR MIND AS A CHALLENGE. RIGHT.

>>MAYOR HUDSON: YOU ARE GETTING A FEELING WHAT WE WANT TO DO.

PROTECT OUR RESIDENTS WHO ALREADY LIVE HERE AND ONE THAT

IS COMING. >>COMMISSIONER BRODERICK: ONE FURTHER QUESTION, NOT TO BELABOR THE DEPARTMENT.

ANY CONSIDERATION OF SPECIFICALLY REQUIRING THIS ON

RESIDENTIAL NEW CONSTRUCTION? >> MADAM MAYOR AND COMMISSIONERS, THIS IS FOR NEW CONSTRUCTION.

>>COMMISSIONER BRODERICK: COMMISSIONER J. JOHNSON SAY A TEN-FOOT SHED. I AM NOT GOING TO ELEVATE MY HOUSE. IT WILL STAY THE SAME.

THE DIFFERENCE BETWEEN ANCILLARY CONSTRUCTION ON THE LOT VERSUS NEW CONSTRUCTION. YOU ARE PUTTING IT ALL IN ONE

BUCKET. >> IF YOU PUT A POOL NEXT TO YOUR EXISTING HOUSE, IT WILL HAVE THE IMPACT THAT COMMISSIONER GAINES MENTIONED. A SHED, HALF-ACRE LOT WILL NOT BE A PROBABLY. OR QUARTER ACRE OR 8TH OF AN ANCHOR. LET'S SAY A HOUSE WITH A ZERO LOT LINE COMMUNITY. NOW PUT A POOL IN AND YOU HAVE A BIG PROBLEM. I UNDERSTAND WHAT YOU ARE SAYING. THERE IS ROOM TO LOOK AT IT FROM A DIFFERENT PERSPECTIVE. IN GENERAL IN TOWN.

NOT VERY MANY HALF-ACRE LOTS IN TOWN AND THE FOLKS COMPLAINING AND NEIGHBORS THAT ARE COMPLAINING ARE COMPLYING BECAUSE OF, YOU KNOW, JUST SMALLER LOTS AND GREATER

CONCERNS. >>MAYOR HUDSON: SO IS THERE A MOTION THAT ANYBODY WANTS TO MAKE TONIGHT?

>> PUBLIC HEARING. >>MAYOR HUDSON: THIS IS A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THIS ISSUE PLEASE COME FORWARD. ANY MEMBER OF THE PUBLIC, PLEASE COME FORWARD. STATE YOUR NAME, ADDRESS AND YOU

HAVE THREE MINUTES, SIR. >> AARON FREED, 1111 FORT PIERCE, FLORIDA. I WAS ACTUALLY HERE FOR THE

MUSIC COMING LATER. >>MAYOR HUDSON: WE KNOW.

>> DOING CONSTRUCTION ON MY PROPERTY.

I AM A CARPENTER. I HAVE A LITTLE WORKSHOP IN THE BACK AND I AM BUILDING ON IT AND I HAVE A HALF-ACRE LOT.

WHICH ISN'T THAT BIG. A LOT OF HOUSES HAVE QUARTER ACRE AND 8TH ACRE BUT MINE IS HALF ACRE AND RIGHT IN CITY LIMITS. ABLE TO AFFORD MY GARAGE IN THE BACK IF I HAD TO HIRE AN ENGINEER TO GET THE ELEVATIONS AND EVERYTHING OFF MY PROPERTY AND MY CONCERN IS ALSO FOR -- IF YOUR PROPERTY CURRENTLY DOESN'T HAVE WATER RETENTION.

WHAT IF YOUR LOT IS HIGHER THAN THESE OTHER LOTS ARE AND DOESN'T HAVE WATER RETENTION, HOW DO YOU AUTOMATICALLY MAKE IT HAVE THIS WATER RETENTION. TO ME IT IS A VALID QUESTION TOO. IF YOU WERE TAKING AN EXISTING PROPERTY. SOME PROPERTIES -- COMMERCIAL I UNDERSTAND, THEY ARE MUCH BIGGER PROPERTIES.

COMMERCIAL PROPERTIES THAT WE NEED TO SAVE A PORTION OF THAT LOT TO DIG DRY LAKE OR WHATEVER IT IS TO CATCH ALL THE WATER ON A 8TH ACRE LOT, YOU CAN'T PUT THE POND IN THE BACK YARD TO CAPTURE THE STORMWATER. SOME LOTS ARE HIGHER, LOWER.

IT WILL RAIN, THE GO DOWN THE HILL.

I WANT TO PUT A SHED ON MY PROPERTY AND GO TO THE TOP COUNTY HILL, WHERE DO YOU WANT ME TO PUT THE WATER.

NOT MY FAULT I AM LIVING AT THE TOP OF THE HILL.

UP IF BUY A HOUSE, THEY WILL TELL IF YOU IT IS IN A FLOOD ZONE OR NOT. IF YOU ARE IN A BOTTOM OF A H HILL. THAT'S ALL I GOT.

>>MAYOR HUDSON: ANYONE ELSE WISHING -- ANYONE ELSE WISHING TO ADDRESS THIS ISSUE IN PLEASE COME FORWARD.

>> ELOISE HAZELWOOD. 3106 FERNANDINA STREET.

[00:50:01]

I WASN'T HERE FOR THIS ISSUE, BUT I AM AWARE OF THE ORDINANCE AND HOW IT IS DEFINED. PERHAPS THERE IS A MEANS TO -- IF YOU WERE AMENDING IT TO ONLY ASK AN ENGINEER WHO IS ABLE TO DO A STORMWATER DRAINAGE PLAN AND ALSO AMEND IT TO GIVE A PERCENTAGE OF LAND THAT IS GOING TO BE USED TO NOW -- THAT WAS POROUS IS NOW NON POROUS. BASE IT ON PERCENTAGE OF LAND.

TO SAY QUARTER ACRE, 8TH ACRE OR WHATEVER AND 25% EXTENSION OF THAT BUILDING THAT BECOMES IMPERVIOUS.

NOW YOU NEED A STORMWATER DRAINAGE PLAN INSTEAD OF A CARTE BLANCHE EVERYONE NEEDS A WATER MANAGEMENT BAN.

ANYONE ELSE WISHING TO ADDRESS THIS? I WILL CLOSE THE PUBLIC HEARING. DO YOU HAVE ANYTHING TO SAY, MR.

THOMAS? >> MADAM MAYOR, I JUST WOULD LIKE TO ADDRESS THE STATEMENT MADE OR THE CONCERNS THAT WERE MADE IF YOU ARE A RESIDENTIAL PROPERTY, YOU KNOW, HOW DO YOU KEEP YOUR WATER ON YOUR PROPERTY.

AND ULTIMATELY THAT QUESTION IS WHY YOU NEED THE DRAINAGE PLAN BECAUSE THE ENGINEER DETERMINES HOW YOU KEEP YOUR WATER ON THE PROPERTY. INFERENCE, IF YOUR LAND IS SCOPED TO YOUR NEIGHBOR, MAYBE BUILD A LITTLE BERM SO IT STOPS THERE AND BUILD A SWALE AND DIG A DIFFERENT.

YOU CAN DIG A DIFFICULT DIFFERENT.

AND IN A RESIDENTIAL NEIGHBORHOOD, YOU WON'T BE ASKED TO DIG A RETENTION DRAINAGE AREA BECAUSE IT IS ON THE STREET.

GENERALLY IF YOU CAN DIRECT THE WATER TO THE STREET.

THIS IS THE CHALLENGE. WHY YOU NEED A PROFESSIONAL TO DO IT BECAUSE, YOU KNOW, THERE ARE SEVERAL WAYS TO ACCOMPLISH IT AND EVERY PROPERTY IS DIFFERENT BUT HIS CONCERNS ARE DEFINITELY VALID AND WHY YOU HAVE TO HAVE A QUALIFIED PERSON TO COME THROUGH AND SAY THIS IS HOW WE ARE GOING TO ADDRESS THIS IS ISSUE.

>>MAYOR HUDSON: THANK YOU, SIR WE HAD A PUBLIC HEARING.

WHAT IS YOUR WISH? IS THERE A WISH TO HAVE -- MAKE A MOTION TO GO TO THE SECOND READING WITH LEARNING MORE

INFORMATION? >>COMMISSIONER BRODERICK: I WILL MAKE A MOTION TO APPROVE IT TO THE SECOND READING WITH THE CAVEAT THAT THE ADDITIONAL INFORMATION REQUESTED WILL BE

BROUGHT TO THE COMMISSION. >>MAYOR HUDSON: OUR CONCERNS HEARD AND ADDRESSED. IS THERE A SECOND.

>>COMMISSIONER CURTIS JOHNSON: I WILL SECOND.

>>COMMISSIONER J. JOHNSON: I WILL COMMENT WITH THE MOTION.

I M GOOD WITH THE MOTION AND I AGREE WITH THAT.

MY CHALLENGE IS THE PROFESSION AS DEFINED AS MUCH AS I SUPPORT MY PEERS AS ENGINEERS AND THEY WOULD BE MAD AT ME IF I DIDN'T SAY THAT -- GIVE US THE NICHE MARKET, BUT THAT'S WHAT THEY GOT A DEGREE FOR. BUT I AM CHALLENGED WITH THAT BECAUSE I THINK THERE ARE OTHER OPPORTUNITIES FOR OTHER PROFESSIONS WITHIN THIS ORDINANCE.

I ALSO BELIEVE THAT PERCENTAGES ARE VERY MUCH A PART OF THIS, BECAUSE IN OUR OWN LAND DEVELOPMENT CODE, YOU CAN ONLY HAVE SO MANY SQUARE FEET OF IMPERVIOUS AREA.

LET'S TAKE A ZONING DISTRICT AND I AM SHOOTING FROM THE HIP.

I DON'T REMEMBER THE NUMBER. 40% PERVIOUS AREA WITHIN YOUR LOT. 30% PERVIOUS THAT THE GROUND WITH PERCOLATE WATER. THAT IS TO PROTECT OUR NATURAL RESOURCE SO AS SO EVERYONE HEARS ME AND YOU MAY BE SMART PER THAN ME ON THIS BECAUSE WE NEED DRINKING WATER AND WANT THE RAIN WATER TO PERCOLATE. BUT ALSO ABOUT FLOOD PROTECTION.

I AM CHALLENGED FOR IT. I CAN'T SUPPORT IT THE WAY THE ORDINANCE IS WRITTEN. I SUPPORT THE EFFORTS WE DID TWO YEARS AGO. JUST THE -- GETTING VERY SPECIFIC WITH THIS PART OF IT, I AM HAVING A CHALLENGE WITH.

THAT'S OKAY. MAYBE I CAN BE CHANGED WITH NEW INFORMATION THAT COMES BY SECOND READING.

THAT'S WHERE I AM. >>MAYOR HUDSON: EVERYBODY READY TO ROTE. ROLL PLEASE.

>>COMMISSIONER BRODERICK: YES. >>COMMISSIONER GAINES: NO,

MA'AM. >>COMMISSIONER CURTIS JOHNSON:

YES, MA'AM. >>COMMISSIONER J. JOHNSON: NO,

[e. Legislative Hearing - Ordinance 23-028: Review and approval of an ordinance extending the territorial limits of the City of Fort Pierce, Florida, to include one (1) parcel at or near approximately 750 feet east of the Southeast Corner of South US Highway 1 and Dixieland Drive in Fort Pierce, Florida. The parcel ID is 2427-801-0085-000-5. FIRST READING]

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

>> OKAY. NEXT WE HAVE ORDINANCE 23-028.

ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE PARCEL AT OR NEAR APPROXIMATELY 750 FEET EAST OF THE SOUTHEAST CORNER OF SOUTH U.S. HIGHWAY 1 AND DIXIELAND DRIVE IN FORT PIERCE, FLORIDA.

DIRECTING THE PROPERTY APPRAISER OF PROPERTY AND PLACE IT ON THE

[00:55:01]

CITY'S TAX ROLL JANUARY 1, 2024. DIRECTING THE TAX COLLECTOR TO COLLECT TAXES ON THE HERE AND DESCRIBED QUALITY.

ESTABLISHING THE LAND USE DESIGNATION OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY AND TO BE FILED WITH THE DEPARTMENT OF STATE AND OF THE OFFICE OF ECONOMIC RESOURCE.

PROVIDE FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

THIS IS THE FIRST READING. >>MAYOR HUDSON: WELCOME.

ARE YOU PRESENT? >> YES.

>>MAYOR HUDSON: PROCEEDS. >> GOOD EVENING, MADAM MAYOR, COMMISSIONERS. WE HAVE A VOLUNTARY ANNEXATION FOR THE SUBJECT PROPERTY ON 277 DIXIELAND DRIVE.

THE APPLICANT IS GEORGE FOR THE PARCEL ID LISTED.

THE APPLICANT IS REQUESTING THE VOLUNTARY ANNEXATION.

THE SUBJECT PROPERTY HAS ST. LUCIE COUNTY FUTURE LAND USE DESIGNATION OF HIGH 15 DWELLING UNITS PER ACRE, RH AND ZONING OF RESIDENTIAL MULTIFAMILY, 11 DWELLING UNITS PER ACRE AND THE APPLICANT IS PROPOSING FUTURE LAND USE DESIGNATION OF HIGH DENSITY RESIDENTIAL RH WITH THE ZONING OF HIGH DENSITY RESIDENTIAL R 5. APPLICANT, GEORGE DZAMA AND POPERTY OWNER JOSEPH LAND. THE CURRENT VALUE IS $130,0200.

AND A NEW TAX REVENUE FOR CITY OF FORT PIERCE.

THE PROPERTY IS POINT 12 ACRES TO THE SOUTH OF DIXIELAND DRIVE.

AS PREVIOUSLY STATED, BEFORE YOU IS THE CURRENT ST. LUCIE COUNTY LAND USE AND ST. LUCIE COUNTY ZONING.

AND THE PROPOSED FUTURE LAND USE AND CITY ZONING.

THE ANNEXATION -- THE STANDARDS OF THE CITY'S COMPREHENSIVE PLAN ARE, SPECIFICALLY 1.11 REGARDING ANNEXATIONS.

PLANNING STAFF RECOMMENDS APPROVAL OF THE PROPOSED ANNEXATION. POSSIBLE ACTIONS OF THE CITY COMMISSION IS TO APPROVE THE PROPOSED ANNEXATION PER STAFF'S RECOMMENDATION OR DISAPPROVE THE PROPOSED ANNEXATIONS.

THANK YOU. QUESTIONS OF STAFF? QUESTIONS OF STAFF? THIS IS A PUBLIC HEARING.

ANYONE WISHING TO ADDRESS THIS HEARING ON THIS ISSUE PLEASE COME FORWARD. SEEING NO MOVEMENT, CLOSE THE ABOUT PUBLIC HEARING AND BRING IT BACK.

>> MOTION TO APPROVE. >> SECOND.

>>MAYOR HUDSON: CALL THE ROLL PLEASE.

WHO HAD THE SECOND? >>COMMISSIONER J. JOHNSON:

SECOND. >>COMMISSIONER BRODERICK: YES.

>>COMMISSIONER GAINES: YES, MA'AM.

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

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

[f. Quasi-Judicial Hearing - Ordinance 23-027 - Review and approval of an ordinance by the City Commission of the City of Fort Pierce, Florida; Rezoning the property generally located at or near 4483 south 25th street, from PD, Planned Development Zone to R-1, Single-Family Low Density Zone; Subject Property: Parcel ID: 2325-111-0001-000-2. FIRST READING]

>>MAYOR HUDSON: YES, MA'AM. >> OKAY, NEXT WE HAVE A QUASI-JUDICIAL HEARING FOR ORDINANCE 23-027, ORDINANCE BY THE CITY COMMISSION IN THE CITY OF FORT PIERCE, FLORIDA, REZONING THE PROPERTY GENERALLY LOCATED AT OR NEAR 4483 SOUTH 25TH STREET FROM PD, PLANNED DEVELOPMENT ZONE TO R-1, SINGLE-FAMILY LOW DENSITY ZONE, PROVIDING FOR SEVERABILITY CLAUSE. PROVIDING FOR REPEAL OF ORDINANCES AND CONFLICT HEREWITH.

AND THIS IS THE FIRST READING. >>MAYOR HUDSON: MADAM ATTORNEY, READ THE GUIDELINES. IF YOU WERE HERE FOR A QUASI JUDICIAL HEARING LATER IN THE AGENDA, PLEASE LISTEN TO THE CITY ATTORNEY AND FILE THOSE GUIDELINES.

>> THANK YOU, MAYOR, THE CITY COMMISSION SERVING THE LEGISLATIVE AND QUASI BEEN JUDICIAL ROLE.

WHEN ACT CAN AS A LEGISLATIVE BODY ENGAGES IN LAW-MAKING BODY BY ESTABLISHING LAWS AND POLICIES.

WHEN ACTING AS A QUASI BEEN JUDICIAL IS HELD TO STRICTER STANDARDS. PROCEEDINGS ARE LESS FORMAL THAN CIRCUIT COURT BUT MORE FORMAL THAN THE NORMAL COMMISSION HEARING. FOLLOW BASSIST STANDARDS OF NOTICE AND DUE PROCESS AND DECISIONS MUST BE MADE ON COMPETENT, SUBSTANTIAL EVIDENCE. THEREFORE COMMISSIONERS HAVE A DUTY TO PROCEED MORE LIKE JUDGES THAN LEGISLATORS.

THE COMMISSION HAVE ESTABLISHED THE EUROPEAN.

NO ONE SHOULD APPROACH PEOPLE ON THE DAIS, THE CITY ATTORNEY OR THE CITY CLERK. IF DOCUMENTS ARE TO BE ABLE TO THE CITY CLERK, GIVE THEM TO SERGEANT-IN-ARMS, ONE OF THE

[01:00:02]

UNIFORMED POLICE OFFICERS IN THE CHAMBER.

>>MAYOR HUDSON: THANK YOU, MA'AM.

THESE PROCEEDINGS ARE CALLED TO ORDER.

IS THE ADVERTISING BEEN MET? >> THE ADVERTISING HAS BEEN MET.

>> ASK COMMISSIONER FOR EX-PARTE COMMUNICATION.

>>COMMISSIONER BRODERICK: NO. >>MAYOR HUDSON: TIME FOR PUBLIC

HEARING, YOU CAN SPEAK. >> COMMISSIONER GAINES, ANY

EX-PARTE COMMUNICATIONS. >>COMMISSIONER GAINES: NO,

MA'AM. >>COMMISSIONER CURTIS JOHNSON:

NO, MA'AM. >>COMMISSIONER J. JOHNSON: NO,

MA'AM. >>MAYOR HUDSON: SWEAR IN THE

WITNESSES PLEASE. >> ANYONE WISHING TO SPEAK ON THIS ITEM, PLEASE RISE AND RAISE YOUR RIGHT HAND.

DO YOU SWEAR AND APRIL FIRM THAT YOU WILL TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU.

>>MAYOR HUDSON: PROCEED, PLEASE.

>> MADAM MAYOR, IS A ZONING ATLAS MAP FOR 4483 SOUTH 25TH STREET. THE PROPERTY OWNER IS DEBBY FONTAINE FOR THE SUBJECT PARCEL ID LISTED.

TO REZONE THE PROPERTY FROM PLANNED DEVELOPMENT ZONE TO R-1 LOW DENSITY ZONE IS WHICH IS A MORE BEFITTING ZONING DISTRICT.

STAFF IS RECOMMENDING APPROVAL TO THE REQUEST BECAUSE OF ITS CONSISTENCY WITH SECTION 125-212 OF THE CITY CODE AND COMPREPLAN AND DOES NOT ADVERSELY EFFECT THE PUBLIC SAFETY, CONVENIENCE AND GENERAL WELFARE. BEFORE YOU IS AN AERIAL VIEW OF THE SUBJECT PROPERTY. FUTURE AND WILL USE IS RL.

AND STATED BEFORE PD, PLANNED DEVELOPMENT.

APPROVAL OF THE PROCESS FROM PD TO PLANNED DEVELOPMENT TO R-1, SINGLE-FAMILY LOW DENSITY ZONE. STATUTE IS RECOMMENDING APPROVAL. POSSIBLE ACTIONS AND CITY COMMISSION OF APPROVAL OF THE PROPOSED ORDINANCE PER THE CITY STAFF RECOMMENDATION OR DISAPPROVAL OF THE ORDINANCE.

THANK YOU. >>MAYOR HUDSON: QUESTIONS OF

STAFF? >>COMMISSIONER J. JOHNSON: MADAM

MAYOR. >>MAYOR HUDSON: COMMISSIONER

JOHNSON. >>COMMISSIONER J. JOHNSON: GO BACK TO THE MAP. WHAT ARE THE PARCELS -- WHAT IS NORTH OF THE PARCEL. ADJACENT AND NORTH.

>> COUNTY PARCEL. >>COMMISSIONER J. JOHNSON: IS THIS A FUTURE LAND USE OR ARE ALL THESE CONSISTENT ACROSS THAT

FRONTAGE. >> CORRECT.

PRETTY MUCH SINGLE-FAMILY. >>COMMISSIONER J. JOHNSON: HOW DID THE -- THE PURPLE TO THE NORTH OF THAT ONE BETWEEN THE

YELLOW AND THE WHITE COUNTY -- >> THAT IS A PART OF THE PD.

>>COMMISSIONER J. JOHNSON: PART OF THE TO ORIGINAL PD.

THIS PARCEL IS NORTH PART OF THE GRAND OAK DEVELOPMENT.

>>MAYOR HUDSON: ANY OTHER COMMENTS?

>>COMMISSIONER BRODERICK: IN ESSENCE THEY ARE LOWERING THE DENSITY IS ANOTHER WAY TO LOOK AT IT?

>> YES. >>COMMISSIONER BRODERICK: THANK

YOU. >>MAYOR HUDSON: NO OTHER QUESTIONS OF STAFF. APPLICANT, IF YOU WOULD LIKE TO COME FORWARD NOW, MA'AM. PLEASE COME FORWARD.

PLEASE STATE YOUR NAME AND WELCOME TO THE CITY OF FORT

PIERCE. >> THANK YOU.

DEBBY FONTAINE. THANK YOU.

DEBBY FONTAINE. I LIVE 4483 SOUTH 25TH STREET,

FORT PIERCE, 34981. >>MAYOR HUDSON: DO YOU HAVE ANY

QUESTIONS OF STAFF? >> I WOULD LIKE MY PROPERTY BACK THE WAY IT WAS ORIGINALLY BECAUSE I HAD MY HOME UP FOR SALE. AND THREE PEOPLE WERE TURNED DOWN BECAUSE THEY THOUGHT IT WAS PART OF OAK ALLEY WHICH BEING A PLANNED DEVELOPMENT. THEY HAVE RULES AND REGULATION.

BUT MY PROPERTY BEING PRIVATE AND ALMOST TWO ACRES, I HAVE DIFFERENT THINGS. THEY WANTED TO PUT ON A TWO BEDROOM LITTLE COTTAGE AND WAS TURNED DOWN BECAUSE NOT IN THE HOMEOWNERS OF OAK ALLEY. I AM NOT A PART OF THAT AND I NEVER WAS. I WANT IT BACK THE WAY IT WAS IN THE BEGINNING WHEN I FIRST BROUGHT THE PROPERTY.

>>MAYOR HUDSON: ALL RIGHTY. ANYTHING ELSE?

ANYTHING ELSE YOU HAVE TO SAY? >> NO.

>>MAYOR HUDSON: THANK YOU VERY MUCH.

>> THANK YOU. >>MAYOR HUDSON: ANYONE ELSE WISHING TO I DRESS THE COMMISSION ON THIS ISSUE, PLEASE COME FORWARD. ANYONE ELSE? OKAY. WE WILL COME BACK TO THE

COMMISSION. >>COMMISSIONER J. JOHNSON: MADAM MAYOR, A LITTLE DIFFERENT THAN NORMAL.

WE HAVEN'T CLOSED PUBLIC COMMENT OR STAFF PRESENTATION YET, HAVE

[01:05:04]

WE? >>MAYOR: THIS IS A LITTLE BIT OUT OF THE ORDINARY. WHAT DO YOU NEED.

>>COMMISSIONER J. JOHNSON: I WANT TO MAKE SURE WE ARE MOVING IT BACK THROUGH. THERE WAS A REQUEST ON BEHALF OF THE CITY MOVING THIS FORWARD. THE CITY HAS COME FORWARD SAYING CAN YOU PLEASE MOVE IT BACK TO WHAT IT WAS.

ARE MOVING IT BACK TO WHAT IT WAS.

>> WHAT IT WAS AND SHOULD BE. ANNEXED AND PLACED AT A PD.

WE ARE CORRECTING IT TO SINGLE-FAMILY.

>>COMMISSIONER J. JOHNSON: WHAT IT WAS ORIGINALLY AND WHAT THEY HAVE ASKED FOR IN PUBLIC COMMENT.

VERY GOOD. THANK YOU.

THAT'S ALL I NEEDED. >>MAYOR HUDSON: OKAY.

SO ANY DISCUSSION OR A MOTION? THERE WAS A MOTION AND A SECOND.

CALL THE ROLL PLEASE. >>COMMISSIONER BRODERICK: YES.

>>COMMISSIONER GAINES: YES, MA'AM.

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

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

>>MAYOR HUDSON: YES, MA'AM. YOU ARE GOOD.

CONGRAT CONGRATULATIONS.

[APPLAUSE] >> NEXT WE HAVE A QUASI-JUDICIAL

[g. Quasi-Judicial Hearing - Review and approval of an application for a Preliminary Plat Review submitted by applicant Todd Howder of MBV Engineering to subdivide 3 parcels into 5 platted lots at 5553, 5555 and 5575 Okeechobee Road, more specifically located at parcel IDs: 2419-321-0001-000-5. 2419-322-0003-000-2 and 2419-322-0002-000-5.]

HEARING FOR REVIEW AND APPROVAL OF AN APPLICATION FOR A PRELIMINARY PLAT REVIEW FROMMED TOED TO TODD HOWDER OF MBV ENGINEERING TO SUBDIVIDE THREE PARCELS IN FIVE PLATTED LOTS.

>>MAYOR HUDSON: HAVE WE MET THE ADVERTISEMENT.

ASK OF COMMUNICATIONS. >>COMMISSIONER BRODERICK: NO,

MA'AM. >>COMMISSIONER GAINES: NO,

MA'AM. >>COMMISSIONER CURTIS JOHNSON: ONE MOMENT. WHO BROUGHT THIS -- WHO IS

BRINGING THIS BEFORE US? >>COMMISSIONER BRODERICK: YOU

SOUND LIKE ME NOW. >>COMMISSIONER CURTIS JOHNSON: I AM NOT GOING TO SAY NO AT THE MOMENT.

LET ME LOOK THROUGH MY CALENDAR -- NO.

>>COMMISSIONER J. JOHNSON: YES. I HAVE SPOKEN TO CITY STAFF AND THE APPLICANT OR THEIR REPRESENTATIVES ABOUT THIS PARCEL AT JENKINS AND OKEECHOBEE IS THE ADDRESS, IS THAT CORRECT?

>> YES, SIR. >>COMMISSIONER J. JOHNSON: THEN

ABSOLUTELY YES. >> MAYOR HUDSON.

>>MAYOR HUDSON: NO, MA'AM. SO WOULD YOU LIKE TO SWEAR IN

THE WITNESSES. >> ANYONE --

>>COMMISSIONER BRODERICK: I BELIEVE I DID THEN.

>>MAYOR HUDSON: COMMISSIONER BRODERICK IS A YES.

>>COMMISSIONER CURTIS JOHNSON: MADAM CLERK, THIS WHOLE PARCEL I HAD QUESTIONS OF THE DEVELOPER. I AM ASSUMING THAT THE DEVELOPER IS BRINGING THIS FORTH. THIS PLAT IN THE AREA ON THE SCREEN HERE TO THE EAST. IS THAT IN CONSIDERATION? I AM GOING TO GO AHEAD AND SAY YES.

>> MEETING WITH THE APPLICANT. >> CAN WE CLARIFY AS TO COMMISSIONER BRODERICK. YOU SAID YES?

>>COMMISSIONER BRODERICK: YES. >> COMMISSIONERS BRODERICK, C.

JOHNSON AND J. JOHNSON HAVING EX-PARTE COMMUNICATIONS WITH THE APPLI APPLICANT.

>>MAYOR HUDSON: NOW WOULD YOU LIKE TO SWEAR IN THE WITNESSES.

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

THANK YOU. >>MAYOR HUDSON: ARE YOU PRESENTING? WELL, PROCEED.

>> ALL RIGHT, CITY COMMISSIONERS, MAYOR, TONIGHT EFORE YOU IS A APPLICATION FOR A PRELIMINARY PLAT FOR FORT PIERCE. THE APPLICANT IS TODD HOWDER AT BV. THE APPLICANT AT THE PARCELS LISTED BELOW. IN SUMMARY, THIS IS A REQUEST FOR A REVIEW OF AN APPLICATION FOR A PRELIMINARY PLAT TO SUBDIVIDE THREE PARCELS INTO FIVE PLOTTED LOTS.

THESE LOTS WERE A PART OF A SITE PLAN APPROVED IN FEBRUARY OF 022. AND ONE OF THE CONDITIONS WAS THAT THESE BE PLATTED. THIS IS AN AERIAL MAP OF THE THREE LOTS THAT ARE 14.4, GIVE OR TAKE ACRES.

THE FUTURE LAND USE OF ALL THREE PARCELS IS GENERAL COMMERCIAL.

THE ZONING FOR EACH OF THESE IS ALSO GENERAL COMMERCIAL.

THIS IS THE PLAT IN QUESTION. AS YOU CAN SEE THERE ARE NOW FIVE PLATTED PLATS. THE PLANNING BOARD AT THE MARCH 13, 2023 MEETING VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT.

STAFF RECOMMENDATION IS THAT THE CITY COMMISSION VOTE APPROVAL OF THE PRELIMINARY PLAT. AND THE POSSIBLE ACTIONS OF THE CITY COMMISSION IS APPROVAL OF THE PROPOSED PRELIMINARY PLAT, A RECOMMENDATION OF APPROVAL WITH PROPOSED PRELIMINARY PLAT WITH CHANGES OR RECOMMENDATION OF DISAPPROVAL.

THANK YOU. >>MAYOR HUDSON: QUESTIONS OF

[01:10:02]

STAFF? ANY QUESTIONS OF STAFF? I AM GOING TO ASK THE APPLICANT TO COME FORWARD, PLEASE.

WELCOME. STATE YOUR NAME AND I WILL ASK YOU IF YOU HAVE ANY QUESTIONS OF STAFF.

>> I AM SUBBING IN FOR TO TODD HOWDER WHO IS THE APPLICANT. I THINK STAFF HAS DONE A GOOD JOB OF PRESENTING WHAT WE ARE LOOKING TO DO.

AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

I DON'T HAVE ANY. >>MAYOR HUDSON: QUESTIONS OF THE APPLICANT? QUESTIONS OF THE APPLICANT? ON THE REPLAT? NOPE.

THANK YOU, SIR. >> AARON STANTON?

>> YES, AARON STANTON. >>MAYOR HUDSON: THANK YOU, SIR.

ANYONE ELSE WISHING TO SAY DRESS THIS ISSUE, PLEASE COME FORWARD.

SEEING NO ONE ELSE, I WILL CLOSE THE ABOUT PUBLIC HEARING AND ENTERTAIN A MOTION OR DISCUSSION.

>>COMMISSIONER J. JOHNSON: MOVE A FOR APPROVAL.

>> SECOND. >>COMMISSIONER BRODERICK: YES.

>>COMMISSIONER GAINES: YES, MA'AM.

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

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

>>MAYOR HUDSON: YES, MA'AM. >> NEXT WE HAVE A QUASI JUDICIAL

[h. Quasi-Judicial Hearing - Review and approval of an application for a Preliminary Plat Review submitted by applicant Peter Sweeney of Block and Scarpa to subdivide 1 parcel into 3 platted lots at 2671 S. Jenkins Road, more specifically located at parcel ID: 2324-411-0000-000-3.]

HEA HEARING.

SUBDIVIDE ONE INCH 2671 SOUTH JENKINS ROAD.

>>MAYOR HUDSON: HAVE WE MET THE ADVERTISING REQUIREMENTS.

>> WE HAVE MET THE ADVERTISING REQUIREMENT.

EX-PARTE COMMUNICATIONS. >>COMMISSIONER BRODERICK: NOPE.

>>COMMISSIONER GAINES: YES, MA'AM.

MET WITH THE APPLICANT. >>COMMISSIONER CURTIS JOHNSON:

NO, MA'AM. >> ARE YOU SURE ABOUT THAT?

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

A VERY, VERY BRIEF APPLICANT WITH THE APPLICANT.

>> MAYOR HUDSON. >>MAYOR HUDSON: NO, MA'AM.

WOULD YOU LIKE TO SWEAR IN THE WITNESSES.

>> ANYONE WISHING TO SPEAK ON THIS ITEM, PLEASE STAND AND RAISE YOUR RIGHT HAND. DO YOU AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.

>> I DO. >>MAYOR HUDSON: PLEASE PROCEED.

>> MADAM MAYOR AND COMMISSIONERS, A PRELIMINARY FOR FORT PIERCE SHOPS. THE APPLICANT WHO IS AN ATTORNEY WITH BLOCK AND SCARPA. THE PRELIMINARY PLAT FOR THE PARCEL ID LISTED BELOW. IN SUMMARY, THIS IS A REQUEST FOR REVIEW OF AN APPLICATION FOR A PRELIMINARY PLAT TO SUBDIVIDE ONE PARCEL INTO THREE PLATTED LOTS.

THIS IS THE AERIAL MAP OF THE FOUR ACRES GIVE OR TAKE.

THE FUTURE LAND USE IS GENERAL COMMERCIAL.

THE ZONING IS ALSO GENERAL COMMERCING.

THIS IS THE PLOT IN QUESTION. AT THEIR MARCH 13, 2023 MEETING, THE PLANNING BOARD VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THE POLICEMEN PLAT. STAFF RECOMMENDS THAT THE CITY COMMISSION VOTE APPROVAL OF THE SLIM PLAT.

WEST CITY SHOPS. AND RECOMMENDATION OF THE APPROVAL, A RECOMMENDATION OF APPROVAL WITH CHANGES OR RECOMMENDATION OF DISAPPROVAL. THANK YOU.

>>MAYOR HUDSON: QUESTIONS OF STAFF.

ANY QUESTIONS OF STAFF? OKAY.

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

WELCOME ALREADY MR. SWEENEY. >> THANK YOU, MADAM MAYOR, MEMBERS OF THE COMMISSION, FROM BLOCK ANDSCARPA ON BEHALF OF THE APPLICANT. I AM THE ENGINEER OF RECORD.

I DON'T HAVE ANY COMMENTS. I WILL BE HERE TO ANSWER

QUESTIONS. >>MAYOR HUDSON: ANY QUESTIONS OF MR. SWEENEY? ANYONE ELSE WISHING TO SAY DRESS THIS ISSUE, PLEASE COME FORWARD. KNOWING NO ONE, ENTERTAIN A

MOTION OR DISCUSSION. >>COMMISSIONER J. JOHNSON: MOVE

TO APPROVE. >>COMMISSIONER BRODERICK:

SECOND. >>MAYOR HUDSON: CALL THE ROLL

PLEASE. >>COMMISSIONER BRODERICK: YES.

>>COMMISSIONER GAINES: YES, MA'AM.

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

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

[i. Quasi-Judicial Hearing - Review and Approval of an application for Final Plat, submitted by Property Owner(s) Oleander Oaks Development LLC and Applicant, Pedro Quijada, to subdivide approximately 12.919 acres of land (more or less) into 50 platted single-family lots and 2 common-area tracts for The Oleander Oaks Subdivision located at or near 4003 Oleander Avenue in Fort Pierce, FL. The property is currently zoned Medium Density Residential (R-4). Parcel Control Number: 2433-144-0002-000-3.]

>>MAYOR HUDSON: YES, MA'AM. >> OKAY.

NEXT WE HAVE REVIEW APPROVAL OF AN APPLICATION FOR FINAL PLAT SUBMITTED BY PROPERTY OWNERS OLEANDER OAKS LLC AND APPLICANT PET GO QUIJADA TO SUBDIVIDE APPROXIMATELY 12.919 AGENCY IRS OF LAND IN 50 PLATTED SINGLE-FAMILY LOTS AND TWO COMMON-AREA TRACTS IN OLEANDER OAKS SUBDIVISION LOCATED 4003 OL

[01:15:04]

ANDER AVENUE IN FORT PIERCE. >>MAYOR HUDSON: EX-PARTE.

COMMISSIONER BROAD. >>COMMISSIONER BRODERICK: I

BELIEVE SO YES. >> WITH --

>>COMMISSIONER BRODERICK: THE LAND DEVELOPER.

>>COMMISSIONER GAINES: I AM TRYING TO THINK.

ON THE SIDE OF CAUTION I WILL SAY YES WITH THE DEVELOPER.

>>COMMISSIONER CURTIS JOHNSON: YES, WITH THE DEVELOPER.

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

I HAD CONVERSATIONS WITH STAFF, THE APPLICANT CONCERNING THE PARCEL, NOT NECESSARILY THE FINAL PLAT BUT THE PARCEL SPECIFICALLY AND ADJACENT RESIDENTS.

>>MAYOR HUDSON: NO, MA'AM. AND WOULD YOU LIKE TO SWEAR IN

THE WITNESSES. >> ANYONE WISHING TO SPEAK ON THIS ITEM PLEASE STAND AND RAISE YOUR RIGHT HAND.

DO YOU SWEAR AND AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH, AND

NOTHING BUT THE TRUTH. >> I DO.

>>MAYOR HUDSON: PROCEED. >> GOOD EVENING, MADAM MAYOR AND COMMISSIONERS. THE FINAL PLAT FOR THE SUBJECT PROPERTY ON 4003 OL ANDER AVENUE IN FORT PIERCE.

TO SUBDIVIDE THE APPROXIMATELY 12.919 ACRE OF LAND MORE OR LESS INTO 50 PLATTED SINGLE-FAMILY LOTS APPLICANT AND TWO COMMON-AREA TRACTS FOR THE OLEANDER OAKS SUBDIVISION LOCATED AT OR NEAR 4003 OL ANDER AVENUE.

AND A ZONING DESIGNATION OF PLAN DEVELOPMENT.

BEFORE IS YOU AN AERIAL VIEW OF THE SUBJECT PROPERTY.

JUST TO THE WEST OF OLEANDER AVENUE, THIS IS THE FUTURE LAND USE AND ZONING MAP. OKAY.

AND THIS IS THE PROPOSED PLAT OF THE SUBJECT PROPERTY.

PLANNING BOARD RECOMMENDED UNANIMOUSLY APPROVAL.

AND ALSO I WOULD LIKE TO ADD THAT THERE IS A PLANNED DEVELOPMENT AND SITE PLAN AND PRELIMINARY PLAT APPROVAL BY CITY COMMISSION ON JANUARY 18, 2022 --

>>MAYOR HUDSON: I REMEMBER THAT.

>> YES. THIS IS --

>>MAYOR HUDSON: I REMEMBER SEEING IT.

>> THIS IS FINALIZING THE PLAT SO THEY CAN START DEVELOPING THE SINGLE-FAMILY HOMES AND STAFF IS RECOMMENDING APPROVAL AND APPLIED FOR APPROPRIATE SIGNATURES AND PLAN IS REGISTERED WITH THE CLERK OF COUNTY COURT.

177.11 STATUTE. >>MAYOR HUDSON: QUESTIONS OF

STAFF? >>COMMISSIONER BRODERICK: CLARIFICATION. THIS MAY HAVE TO GO TO MISS COX.

WHEN DID THIS COME BEFORE THE PLANNING BOARD?

>> THIS PROJECT STARTED WITH THE OLD PROCESS, PRELIMINARY PLAT.

SO THE OLD PROCESS. THE FINAL PLAT DID NOT GO TO PLANNING BOARD AND THEY CONTINUED WITH THE OLD PROCESS

BECAUSE THEY STARTED PRIOR TO. >>COMMISSIONER BRODERICK: THE PLANNING BOARD VOTED ON IT IN SOME CAPACITY.

I WAS ON THE PLANNING BOARD AT THAT TIME.

I DIDN'T KNOW IF THAT NEED TO BE DISCLOSED.

FOR AN ABUNDANCE OF CAUTION, YES, I WAS THERE.

>>MAYOR HUDSON: ANY OTHER QUESTIONS OF STAFF? WILL THE APPLICANT PLEASE COME FORWARD.

DO YOU HAVE ANY QUESTIONS OF STAFF?

>> NO, I DO NOT. >>MAYOR HUDSON: STATE YOUR NAME

FOR THE RECORD. >> BLAINE BURCHESTER WITH K&A SURVEYING. I DON'T HAVE ANYTHING TO ADD.

I'M HERE TO ANSWER QUESTIONS IF YOU HAVE THEM.

>>MAYOR HUDSON: ANY QUESTIONS OF THE APPLICANT.

>>COMMISSIONER BRODERICK: ARE YOU ALREADY CLEARING THE LOT.

IS THAT ALREADY UNDER WAY? >> YES, THE LOT HAS BEEN CLEARED

AND CONSTRUCTION IS ONGOING. >>COMMISSIONER BRODERICK: THANK

YOU. >>MAYOR HUDSON: THANK YOU.

ANYONE ELSE WISHING TO ADDRESS THIS ISSUE PLEASE COME FORWARD.

ANYONE ELSE. CLOSE THE PUBLIC HEARING AND

BRING IT BACK TO THE COMMISSION. >> I MOVE APPROVAL.

>>MAYOR HUDSON: A MOTION AND A SECOND.

COMMISSIONER J. JOHNSON. >>COMMISSIONER BRODERICK:

>>COMMISSIONER GAINES: YES, MA'AM.

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

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

[j. Quasi-Judicial Hearing - Review and approval of an application for a Conditional Use by applicant Dawn Hauptner, CEO of iSTEAM, Inc., to operate a charter Elementary School located at 2817 Peters Road, more specifically at Parcel ID: 2324-311-0005-000-1.]

>>MAYOR HUDSON: YES, MA'AM. >> A QUASI JUDICIAL HEARING FOR THE REVIEW AND APPROVAL OF CONDITIONAL USE OF DAWN

[01:20:01]

HAPPENNER CEO OF I STEAM, INC. TO OPERATE A CHARTER ELEMENTARY

SCHOOL LOCATED 2817 PETERS ROAD. >>MAYOR HUDSON: ADVERTISING BEEN MET? EX-PARTE COMMUNICATIONS.

>>COMMISSIONER BRODERICK: YES. WITH THE DEVELOPER.

>>COMMISSIONER GAINES: YES, MA'AM, WITH THE APPLICANT.

>>COMMISSIONER CURTIS JOHNSON: NO, MA'AM.

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

WITH MEMBERS OF THE CHARTER SCHOOL AND ALSO NEARBY

RESIDENTS. >>MAYOR HUDSON: NO, MA'AM.

AND WOULD YOU LIKE TO INTAER IN THE WITNESSES.

>> DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU.

>>MAYOR HUDSON: PLEASE PROCEED. >> COMMISSIONERS, MADAM MAYOR, BEFORE YOU IS AN APPLICATION FOR CONTINUAL USE FOR TECHNO ARTS ACADEMY. THE APPLICANT IS DAWN HAUPTNER, PROPERTY OWNERS CROSSROADS PARCEL LLC AND PARCEL ID IS BELOW. IN SUMMARY, THAT ACCORDANCE TO 125 BE 76 OF THE CITY CODE. APPLICANT IS ASKING FOR A REVIEW OF A CONDITIONAL USE FOR A CHARTER ELEMENTARY SCHOOL LOCATED 2817 PETERS ROAD. THE APPLICANT IS SEEKING TO OPERATE THE SCHOOL IN AN EXISTING STAND-ALONE 11,346-SQUARE-FOOT BUILDING. SEVEN CLASSROOMS, A MAIN OFFICE, FOUR BATHROOMS, A TEACHER LOUNGE AND A CAFETERIA WITH NO FOOD COOKED ON PREMISE IS THE FIRST-FLOOR PLAN.

A PHASED GROWTH OF THE SCHOOL WITH 126 KINDERGARTEN THROUGH SECOND-GRADERS. EACH YEAR A GRADE WILL BE ADDED UNTIL 3 2R0 KINDERGARTEN THROUGH FIFTH-GRADE STUDENTS ATTEND THIS SCHOOL. THE SCHOOL WILL EMPLOY 25 STAFF MEMBERS AND HOURS BETWEEN 7 A.M. AND 4 P.M. THIS IS THE SITE LOCATION. THE SITE AREA IS 18.27 GIVE OR TAKE ACRES. THE FUTURE LAND USE IS GENERAL COMMERCIAL. THE ZONING IS GENERAL COMMERCIAL AS WELL. THIS IS THE SITE PLAN OF THE ENTIRE PLAZA, BUT THIS BUILDING HERE THAT IS IN QUESTIO.

THIS IS A FIRST-FLOOR PLAN FOLLOWED BY A MORE EXTENSIVE FIRST-FLOOR PLAN. THIS IS A DIAGRAM OF THE PICK-UP AND DROP-OFF. AT THEIR MARCH 13, 2023 MEETING, THE PLANNING BOARD VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THE CONDITIONAL USE AND STAFF'S RECOMMENDATION FOR THE CITY COMMISSION TO PROPOSE APPROVAL OF THE ALTERNATIVE USE.

ALTERNATIVE RECOMMENDATION APPROVAL WITH CONDITIONS AND OF

APPROVAL. >>MAYOR HUDSON: QUESTIONS OF STAFF. COMMISSIONER JOHNSON.

>>COMMISSIONER J. JOHNSON: ZOOM IN OF THE SAFETY ROUTING OF VEHICLES VERY PEDESTRIAN ACTIVITY.

WHAT IS HAPPENING ON THE SITE. THE OUTPARCEL, THE OUTBUILDING?

>> YES. >>COMMISSIONER J. JOHNSON: WHAT IS THE VEHICULAR TRAFFIC MOVEMENT WITHIN THE PARCEL.

>> WITHIN, THEY WOULD COME IN AND GO -- THERE IS AN ENTRYWAY RIGHT HERE WHERE THEY WILL MOVE TO THE WEST OF THE BUILDING AND THEN AS THEY DROP OFF THEIR KIDS, THEY WOULD MOVE TOWARD THE EAST -- NORTHEAST SIDE. AND THEN BACK DOWN AROUND.

AND OUT. >>COMMISSIONER J. JOHNSON: OKAY.

SO THOSE -- AND THIS IS AN EXISTING, YOU KNOW, MALL AREA.

WHAT WE CALL IT -- OUTLET MALL HERE IN FORT PIERCE.

WE HAVE ALL BEEN LOOKING FOR SOMETHING TO HAPPEN HERE FOR A LONG TIME. BUT THIS IS EXISTING PARKING, TRAVEL WAYS AND ACCESS POINTS, IS THAT RIGHT?

>> YES, SIR. >>COMMISSIONER J. JOHNSON: ALL

RIGHT, THANK YOU. >>MAYOR HUDSON: ANY OTHER

QUESTIONS OF STAFF. >>COMMISSIONER BRODERICK: MADAM MAYOR, WHAT IS TRENDING THE CONDITIONAL USE.

>> SCHOOLS ARE A ZONING. BROD PROD I AGREE WITH COMMISSIONER J. JOHNSON, SEEING DEVELOPMENT IS A PHENOMENALLY GREAT IDEA. THIS IS THE PERFECT SPOT FOR

THIS TIME OF A PROJECT. >>MAYOR HUDSON: ANY OTHER QUESTIONS OF STAFF. I WOULD LIKE THE APPLICANT TO COME FORWARD. WELCOME.

STATE YOUR NAME AND DO YOU HAVE ANY QUESTIONS OF STAFF?

>> GOOD EVENING. MY NAME IS DAWN HAPTNER AND

FOUNDER AND CEO ST. LUCIE. >>MAYOR HUDSON: ANY QUESTIONS OF

STAFF? >> I DO NOT.

>>MAYOR HUDSON: THANK YOU. WOULD YOU LIKE TO GIVE US AS PRESENTATION? WOULD.

OKAY FOR A CONDITIONAL USE FOR OUR ELEMENTARY SCHOOL, TECHNO

[01:25:01]

LIGHTS ACADEMY. TO INTRODUCE US, WE ARE A TAX EXEMPT, NONPROFIT ORGANIZATION INCORPORATED IN FLORIDA.

THE PROPERTY IS LOCATED IN CITY OF FORT PIERCE AT THE FLORIDA NEXUS PARK AND COMMERCIAL GENERAL.

TECHNO LIGHTS ACADEMY IS A CHARTER SCHOOL HOPEFULLY OPENING IN AUGUST 2023 WITH 125 STUDENTS IN KINDERGARTEN TO GRADE 2.

WE HAVE EXCLUSIVE PROGRAMS THAT ARE DESIGNED TO INCREASE LITERACY AND ENGLISH IN OUR STUDENTS.

LITERACY, COMPUTER SCIENCE AND ARTS.

OUR LOCATION AS WE JUST PREVIOUSLY DISCUSSED IS A STAND ALONE BUILDING IN THE FLORIDA NEXUS PARK.

OUR LOCATION IS RIGHT OFF OF I-95 JUST WEST OF THE HIGHWAY WHICH MAKES AN EASY COMMUTE FOR FAMILIES BOTH IN FORT PIERCE AND IN PORT ST. LUCIE. ALL OF THE BUSINESSES AT THE FLORIDA PARK ARE OUTSTANDING BUSINESSES THAT WILL NOT BE DETRIMENTAL TO AN ELEMENTARY SCHOOL.

IF THERE IS A QUESTION OF THE SITE PLAN, HERE IS A CLOSE-UP OF THE BUILDING. WE WILL BE USING PART OF THE PARKING LOT ON THE NORTHERN END OF THE PROPERTY FOR AN OUTDOOR PLAYGROUND THAT IS REQUIRED BY LAW AND OUR PE AREA.

OUR COMMITTED PACKAGE, I DID PROVIDE THE DETAILS OF THE CONSTRUCTION, THE MATERIALS WE WILL BE USING FOR OUR OUTDOOR PLAYGROUND AREA. OUR LOCATION.

THIS LOCATION WILL MAKE US THE WESTERNMOST ELEMENTARY SCHOOL IN ST. LUCIE COUNTY. THE CLOSEST SCHOOL SO SERVE THOSE OUT WEST ON OKEECHOBEE ROAD.

PLENTY OF NEW GROWTH AROUND COUNTY, BUT THE MAJORITY OF THE GROWTH IS HAPPENING IN THE WESTERN PART OF THE CITY MAKING IT BENEFICIAL FOR THE FAMILIES TO HAVE ANOTHER ELEMENTARY SCHOOL IN THE AREA. THE NEW GROWTH INCLUDES NONLENGTH I SHALL AND LIMITED ENGLISH-SPEAKING STUDENTS THAT TRANSITIONED FROM OUR TED PROGRAM AND USING AI FOR THE TRANSLATION INTO THE ENGLISH LANGUAGE.

WE WILL BEO THE ONLY SCHOOL IN ST. LUCIE COUNTY TO AFTER 150-MINUTE LITERACY BLOCK DAILY OF OUR EXCLUSIVE LITERACY.

AND THIS PROGRAM IS UNIQUE BECAUSE IT WILL GIVE LITERACY IN EVERY SUBJECT AREA AND WILL INCLUDE CHALLENGING PROJECTS THAT WILL GIVE STUDENTS THE OPPORTUNITY TO BE INNOVATIVE AND CREATIVE. OUR EXCLUSIVE TED TRANSITIONAL PROGRAM WILL USE ARTIFICIAL INTELLIGENCE AIDING STUDENTS IN CONTACT IN THE ENGLISH CLASSROOM AND TRANSMIT INTO THE ENGLISH LANGUAGE IN THREE YEARS. FUN CHARACTERS -- WE HAVE THESE FUN CHARACTERS THROUGHOUT THE PRESENTATION.

THESE ARE CHARACTERS THAT WERE DEVELOPED EXCLUSIVELY FOR OUR SCHOOL. WE ARE DOING SOMETHING THAT NO OTHER SCHOOL HAS EVER DONE. WE HAVE OF A BOOK SERIES WE ARE STARTING, THE MISADVENTURES OF TECHIE THE ROBOT.

PART OF OUR LITERACY AND STUDENTS WILL HAD BEEN GIVEN AN OPPORTUNITY TO BUILD NEW CHARACTERS AND DESIGN BOOKS FOR US AND WE WILL BE DISTRIBUTING IT ON A NATIONAL LEVEL.

INGRESS AND EGRESS AS WE WERE DISCUSSING EARLIER, DROP-OFF IN THE MORNING WILL BE BETWEEN 7:30 AND 4 D 55 MONDAY THROUGH FRIDAY. PICKUP BETWEEN 3:20 AND 3 D 45 MONDAY AND ANY. AND OUR TRAFFIC PATTERN OFF OF PETERS ROAD, FILTERING DOWN THE ROAD ON THE WESTERN SIDE WHERE THE STAR IS, WHICH IS WHAT OUR FRONT OFFICE WILL WILL BE IS WHERE THE KIDS WILL BE DROPPED OFF.

THEY WILL CONTINUE AROUND TO THE EAST SIDE OF THE PROPERTY.

AND THEN THEY WILL CONTINUE ON TO PETERS ROAD.

OUR FOOD SERVICE. TECHNOARTS WILL CONTRACT WITH ST. LUCIE SCHOOL SERVICE. A CAFETERIA AND EQUIPMENT FOR THE EQUIPMENT OF HOLDING, FREEZING AND HOLDING FOOD.

NO COOKING WILL BE DONE ON THE PREMISE.

TWO HEALTH INSPECTIONS FROM THE STATE DEPARTMENT OF HEALTH AS REQUIRED BY LAW. WE WILL WORK WITH THE SCHOOL DISTRICT TO MAKE SURE WE ARE COMPLIANT WITH THE FOOD SERVICE.

OUR SANITATION CERTIFICATE AND INSPECTION WILL BE POSTED ON SCHOOL AND THE SCHOOL'S WEB SITE.

OUR SAFETY AND SECURITY IS PROBABLY ONE OF THE MOST IMPORTANT THINGS, YOU KNOW, TO ALL OF US AND TO MY BOARD.

THE SCHOOL WILL INSTALL SECURITY SOFTWARE CALLED RAPTOR TECHNOLOGY TO TRACK VISITORS, STAFF AND STUDENTS.

ALL VISITORS WILL BE REQUIRED TO PRESENT A PHOTO I.D.

SECURITY CAMERAS WILL BE INSTALLED INSIDE AND OUTSIDE AND

[01:30:04]

AN ALARM, AN ALERT AND EMERGENCY KEY BOX FOR FIRST RESPONDERS.

STUDENTS AND STAFF WILL WEAR SCHOOL ISSUED I.D. BADGES.

ONE LOCKED ENTRANCE TO THE FRONT OF AND ONE LOCKED ENTRANCE INTO THE SCHOOL FROM THE MAIN OFFICE ONLY AND STAFF MEMBER WILL HAVE TO UNLOCK BOTH DOORS FOR ACCESS INTO THE BUILDING.

THE SCHOOL IS -- THE SCHOOL IS -- WE ACTUALLY ARE NOT WORKING WITH THE SHERIFF'S DEPARTMENT FOR OUR ARMED SECURITY OFFICERS, BUT WE ARE WORKING WITH ANOTHER COMPANY THAT IS APPROVED BY THE DISTRICT. OUR SCHOOL BOARD WILL ADOPT A PLAN AND ALL STAFF WILL BE TRAINED ON IT.

THE PROCEDURES WILL BE POSTED IN EVERY CLASSROOM AND THE SCHOOL WILL PERFORM ACTIVE ASSAILANT AND FIRE DRILLS.

OUR CLASSROOM DOORS WILL BE LOCKED AND WILL IMPLEMENT A MOBILE INTRUSION PROGRAM. ALL THE WINDOW ALSO FROM THE FLOOR TO SIX FEET UP WHICH IS REQUIRED BY LAW.

OTHER ADDITIONAL SAFETY MEASURES WILL INCLUDE FENCING AROUND OUR PLAYGROUND, STOP SIGNS, DIRECTIONAL SIGNS AND SCHOOL EMERGENCY SIGNS AND EMERGENCY KITS IN ALL THE CLASSROOMS. IN CONCLUSION, TECHNO ARTS ACADEMY WILL BE A PROUD NEW BUSINESS SERVING THE CITY OF FORT PIERCE AND SERVING THE FAMILIES OF FORT PIERCE AND ST. LUCIE COUNTY.

WE WILL TAKE PART IN COMMUNITY EVENTS AND BUILD PARTNERSHIPS WITH LOCAL ORGANIZATIONS AND BUSINESSES THROUGHOUT THE COUNTY. THANK YOU.

>>MAYOR HUDSON: THANK YOU VERY MUCH.

I REAL YOUR BACK-UP AND YOU STUCK TO YOUR SCRIPT.

>> OTHERWISE I WOULD BE UP HERE FOR SIX HOURS.

>>MAYOR HUDSON: NO YOU WOULDN'T. [LAUGHTER] LET ME ASK YOU SOMETHING. YOU SAY YOU ARE ALREADY WORKING WITH THE SCHOOL DISTRICT. I KNOW YOU HAVE TO GO THROUGH THE SCHOOL DISTRICT TO BE A PART OF THE SCHOOL SYSTEM.

IS THAT CORRECT? >> THAT IS.

I HAD TO DO A 520-PAGE PROPOSAL AND GET IT APPROVED.

>>MAYOR HUDSON: YOU ARE ALREADY DOING THAT PROCESS.

>> THAT WAS LAST YEAR. >>MAYOR HUDSON: I CAN'T GREAT.

QUESTIONS BY STAFF -- I MEAN COMMISSIONERS.

>>COMMISSIONER J. JOHNSON: THANK YOU FOR THE PRESENTATION.

YOU HAVE ADVOCATES IN THE COMMUNITY.

YOU AND I HAVEN'T MET YET, WELCOME.

AND LOOK FOR A CHANCE TO TALK TO YOU ABOUT THIS.

SCHOOL ZONE. PETERS ROAD.

SOME COMMERCIAL ACTIVITY TO THE NORTH OF CRACKER BARREL FURTHER TO THE NORTH TO GRAHAM ROAD. YOU SAY IMPLEMENT A SCHOOL ZONE

ALONG THE PETERS ROAD SECTION. >> WE CAN ONLY DO IT ON PETERS ROAD AND CAN'T DO IT ON OKEECHOBEE ROAD BECAUSE IT

WOULDN'T MAKE SENSE. >>COMMISSIONER J. JOHNSON: IS THE SCHOOL GOING TO BE RESPONSIBLE FOR THAT? BECAUSE IF I AM NOT MISTAKEN, CITY JURISDICTION.

>> WE WILL BE WORKING WITH THE DISTRICT ON THAT.

>>COMMISSIONER J. JOHNSON: PROBABLY CITY ENGINEERING I AM IMAGINING. MR. -- WELL, WE WILL ASK STAFF

IN A MINUTE. >> OKAY.

>>COMMISSIONER J. JOHNSON: YOU HAVE TO WORK FOR THE ENGINEERING DEPARTMENT. SCHOOL ZONES ARE VERY SPECIFIC AND A NOTIFICATION REQUIREMENT. I WANT TO MAKE SURE THAT YOU ARE

PARTICIPATING IN THAT PROCESS. >> YES.

WE ARE WORKING WITH THE SCHOOL DISTRICT ON THAT.

THEY ARE KIND OF WALKING ME THROUGH THAT PROCESS.

SO AS OF RIGHT NOW, I DON'T KNOW WHAT THE EXACT PROCESS IS BECAUSE WE ARE KIND OF TAKING THINGS ONE STEP AT A TIME RIGHT NOW. THE SCHOOL DISTRICT'S -- SAFETY AND SECURITY DEPARTMENT WILL BE PROVIDING ME ALL THE SIGNAGE

THAT I NEED. >>COMMISSIONER J. JOHNSON: ANY

CROSSING GUARDS NEEDED? >> NO.

IT WON'T BE AN AREA WHERE PEOPLE WILL BE WALKING IN OKEECHOBEE.

>>COMMISSIONER J. JOHNSON: MY LAST QUESTION IS, IF I COULD, THE STACKING OF VEHICLES. A SITE PLAN THAT SHOWED YOUR LOOP, WHICH I APPRECIATE. BUT, YOU KNOW, PARENTS LIKE TO GET THERE EARLY SOMETIMES EVEN FOR PICK-UP AND STACK THEIR CARS. WHAT IS YOUR PLAN IF THEY FILL UP THE ZONE OF THE DRIVEWAY. WHAT IS GOING TO HAPPEN THERE?

CAR STACK SOMETHING IN. >> HONESTLY THE WAY THAT THE PICK-UP AND THE DROP-OFF ARE -- THE WAY WE KIND OF HAVE IT DESIGNATED KEEPS IT AWAY FROM THE SHOPPING CENTER.

THE SHOPPING CENTERS ARE NOT BUSINESSES THAT ARE REGULARLY GOING TO HAVE CUSTOMERS WHICH IS WHY I WORKED WITH THE OWNER, HARRY ZUKER AND REDEVELOPED THIS WHOLE THING BECAUSE THIS IS WHAT MAKES SENSE. WE DON'T REALLY SEE IT BEING AN ISSUE BECAUSE IF THE -- IF THE CARS KIND OF DO LINE UP, IF THEY WANT TO COME EARLY, WE WILL BE ABLE TO BE KEEP THEM ON PETERS ROAD BECAUSE ANOTHER ENTRANCE INTO THE SHOPPING CENTER IF THEY NEED TO GO TO ANY OF THE HISS -- THEY CAN GO PAST PETERS ROAD AND

TURN IN BY THE GOOD WILL. >>COMMISSIONER J. JOHNSON: PUT UP THE SKY PLAN NOW -- OKAY. I HEAR WHAT YOU ARE SAYING, BUT WHAT YOU SAID. SO -- ALL RIGHT, I WOULD PROBABLY -- CITY ENGINEER WILL LEAD YOU IN THE DIRECTION OF NOT

[01:35:04]

STACKING TRAFFIC IN PETERS ROAD AND WHERE I WAS GOING WITH THIS.

>> OKAY. >>COMMISSIONER J. JOHNSON: MAKE SURE TO KEEP TRAFFIC OFF OF THAT BECAUSE OF COMMERCIAL ACTIVITY.

>> THE ONLY TIME THERE WOULD BE TRAFFIC EARLY IN THE MORNING BEFORE ANY OF THE BUSINESSES ARE OPEN BECAUSE WE -- WE START AT 8:00, SO THE STUDENTS WILL HAVE TO BE THERE BEFORE 8:00.

AND IN THE AFTERNOON FOR ABOUT 15 TO 20 MINUTES.

LINES MOVE PRETTY QUICK. I HAVE BEEN IN THE BUSINESS END OF CHARTER SCHOOLS FOR A WHILE, AND YOU KIND OF KEEP THE PARENTS MOVING. AND IF THEY WANT TO COME IN AND TALK, YOU JUST DIRECT THEM TO GO AND PARK.

>>COMMISSIONER J. JOHNSON: THAT'S FINE.

ABSOLUTELY. THANK YOU.

>>MAYOR HUDSON: ANY OTHER QUESTIONS.

AN EXISTING BUILDING STRUCTURE THAT IS ALREADY CONFIGURED,

CORRECT? >> YES.

>>COMMISSIONER CURTIS JOHNSON: TALK TO ME OF THE PLAYGROUND AREA. I AM TRYING TO GET A VIRTUAL.

YOU WILL CONSTRUCT SOME TYPE OF BARRIER IN FRONT OF THE CONCRETE BUILDING. A RECREATION AREA.

>> IF WE HAVE THE PRESENTATION. YEAH, THE.

IF YOU LOOK AT THE PLAYGROUND, AN ABUNDANCE.

TAKING THE TWO PARKING SUBWAYS ON THE NORTH SSIDE THERE IS A WY TO CONDUCT IT SAFELY OF THE PACKET I AM SUBMITTED TO YOU.

A VERY DETAILED OF HOW WE ARE CONSTRUCTING IN PLAYGROUND.

SO WE WILL TAKE AND FENCE THAT AREA OFF AND HALF OF IT WILL BE KEPT AS A HARD SURFACE SO THAT'S PRETTY MUCH HOW WE ARE DOING IT.

THE DOOR IS THE ONLY DOOR TO GO IN THE PLAYGROUND AREA THAT IS

PETERS ROAD. >> THERE IS GRASS AND WE ARE

GOING TO FENCE IT ON THAT SIDE. >>COMMISSIONER CURTIS JOHNSON:

I AM COMFORTABLE NOW. >>MAYOR HUDSON: ANY OTHER QUESTIONS OF THE APPLICANT? THANK YOU VERY MUCH.

ANYONE ELSE IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THIS ISSUE? PLEASE COME FORWARD.

ANYONE ELSE? OKAY.

CLOSE THE PUBLIC HEARING AND COME BACK TO THE COMMISSION.

>>COMMISSIONER J. JOHNSON: MADAM MAYOR, I MOVE FOR THE APPROVAL

OF THE CONDITIONAL USE. >> SECOND.

>>COMMISSIONER BRODERICK: YES. >>COMMISSIONER GAINES: YES,

MA'AM. >>COMMISSIONER CURTIS JOHNSON:

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

[k. Quasi-Judicial Hearing - Review and Approval of an application for a Site Plan (Development and Design Review) by property owner Visconti Holdings LLC, to construct an additional 23,456 square foot expansion together with a 4,389 square foot covered awning at the existing Twin Vee boat manufacturing building. Parcel ID: 2427-601-0069-000-3]

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

>> NEXT A QUASI-JUDICIAL HEARING FOR SITE PLAN AND DIVINE VIEW ANY VISCONTI HOLDING TO CONSTRUCT AN ADDITIONAL 23,456 SQUARE FOOT EXPANSION AND A 4389 SQUARE FOOT COVERING AWNING AT THE EXISTING TWINVEE BOAT MANUFACTURING BUILDING.

>>MAYOR HUDSON: HAS ADVERTISING BEEN MET?

>> IT HAS BEEN MET. >>MAYOR HUDSON: EX-PARTE COMMUNICATION FROM COMMISSIONERS.

>>COMMISSIONER BRODERICK: NOPE. GAPZ GAINESVILLE I DON'T THINK

SO -- >>COMMISSIONER GAINES: NO,

MA'AM. >>COMMISSIONER J. JOHNSON: YES, MA'AM. I HAVE TO RECUSE MYSELF WITH A

CONFLICT OF INTEREST. >> MAYOR HUDSON.

>>MAYOR HUDSON: NO, MA'AM. SWEAR IN WITNESSES.

>> DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHO HE WILL

TRUTH AND NOTHING BUT THE TRUTH. >>MAYOR HUDSON: PROCEEDS.

>> A SITE PLAN FOR EXTENSION OF A BUILDING THE APPLICANT IS EDC REPRESENTED BY BRAD CURRY PROPERTY OWNERS ARE VISCONTI HOLDINGS. PARCEL NUMBER 2427-601-0069-000-3. 2.7 ACRE.

THIS IS A FOR A SITE PLAN TO CONSTRUCT 23,456-SQUARE-FOOT

[01:40:03]

EXPANSION OF AN EXISTING PREMISE WITH A 4389-SQUARE-FOOT COVERED AWNING ATTACHED. THE ADDITIONS WILL CONNECT TWO BUILDINGS AT WHICH TWIN VEE BOAT MANUFACTURING BUSINESS.

SITE AREA IS 7.27 ACRES AND LOCATED OFF THE SOUTH U.S. 1 AND EDWARDS ROAD. WE WILL SEE THE SITE.

IT IS EDWARD ROAD WHICH RUNS ACROSS THE NORTHERN BOUNDARY.

TOGETHER WITH THE RAILROAD WHICH CUTS OF PORTION OF THE SITE.

WE HAVE U.S. 1 TO THE EAST OF THE SITE.

THE EXISTING BUILDING. THE EXTENSION IS PROPOSED TO BE ADDED TO THE CENTRAL PIECE OF THE PROPERTY.

AN EXISTING STORAGE UNIT OPERATION TO THE SOUTH.

AND PRIMARILY YOU WILL SEE THAT IT IS PRIMARY COMMERCIAL IN THIS AREA. PLUS THE EXISTING PROPERTY AND THE VIEW FROM EDWARDS AND THAT IS THE LOCATION WHERE THE BUILDING WILL BE EXTENDED AND REVIEW FROM THE INTERSECTION OF U.S. 1 AND EDWARDS OF THE FRONTAGE OF THE BUILDING.

FUTURE LAND USE IS COMMERCIAL GENERAL -- GENERAL COMMERCIAL.

THE ZONING IS C-3, GENERAL COMMERCIAL.

THE SITE PLAN SHOWS LOCATION AND SIZE OF THE ADDITION.

EXISTING BUILDING AND EXISTING WORKSHOP WILLING.

PROPOSED ELEVATION. STAFF RECOMMENDATION IS FOR THE CITY COMMISSION TO REVIEW THE SITE PLAN.

BOTH THE TWIN SN&P VEE DEVELOPMENT REVIEW AND DESIGN REVIEW. THE ALTERNATIVE RECOMMENDATION WILL MAKE A MODIFICATION OF THE STAFF RECOMMENDATION OR A DISAPPROVAL OF THE APPLICATION. THANK YOU.

>>MAYOR HUDSON: QUESTIONS OF STAFF? ANY QUESTIONS OF STAFF? ALL RIGHTY.

I WOULD LIKE FOR THE APPLICANT TO COME FORWARD.

FLORIDA CURRY, STATE YOUR NAME FOR THE RECORD.

>> GOOD EVENING, FOR THE RECORD, BRAD CURRY FROM EDC AND I HAVE

BEEN SWORN IN. >>MAYOR HUDSON: ANY QUESTIONS

FOR STAFF. >> EXCELLENT JOB AND EXCITED TO WORK WITH THEM. AND HAPPY TO BRING THE EXTENSION

TO THE CITY OF FORT PIERCE. >>MAYOR HUDSON: ANY QUESTIONS OF THE APPLICANT? THANK YOU VERY MUCH.

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

SEEING NO ONE, I WILL CLOSE THIS PUBLIC HEARING AND ENTERTAIN.

>> MOTION TO APPROVE. >> SECOND.

>> CALL THE ROLL PLEASE. >> MADAM MAYOR, BEFORE WE DO THE ROLE. I AM NOTING FOR THE RECORD I SEE COMMISSIONER J. JOHNSON WITH THE FORM THAT IS REQUIRED PER FLORIDA STATUTE. REQUIRES THE STATEMENT OF THE NATURE OF THE CONFLICT BEFORE THE VOTE IS TAKEN.

>>MAYOR HUDSON: ALL RIGHTY. YOU WANT TO DO IT NOW?

>> I WANT TO KEEP RECORD SCENE WILL.

>>COMMISSIONER J. JOHNSON: I HAVE A CONFLICT BECAUSE OF

RELATIONSHIP WITH THE PROJECT. >>COMMISSIONER BRODERICK: YES.

>>COMMISSIONER GAINES: YES, MA'AM.

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

>> COMMISSIONER J. JOHNEN THE APPROPRIATE 8B.

AND MAYOR HUDSON. >>MAYOR HUDSON: YES, MA'AM.

[l. Quasi-Judicial Hearing - Review and approval of an application for a Site Plan (Development and Design Review) with a Conditional Use by property owner OkeeJen, LLC, and representative, Dynamic Engineering Consultants, PC, to construct an approximately 103,022 square foot, Two-Story, Self-Storage and Vehicle Storage Facility with associated site improvements at or near 5553 Okeechobee Road in Fort Pierce, Florida, more specifically located at Parcel Control Number: 2419-321-0001-000-5.]

>> OKAY. NEXT ANOTHER QUASI JUDICIAL HEARING FOR REVIEW AND APPROVAL OF AN APPLICATION FOR A SITE PLAN, DEVELOPMENT AND DESIGN REVIEW, WITH A CONDITIONAL USE BY PROPERTY OWNER OKEEJEN LLC AND REPRESENTATIVE DYNAMIC ENGINEERING CONSULTANTS TO CONSTRUCT A APPROXIMATELY 103,022-SQUARE-FOOT TWO-STORY, SELF-STORAGE VEHICLE STORAGE FACILITY AT 5553 OKEECHOBEE IN FORT PIERCE, FLORIDA.

>>MAYOR HUDSON: HAS THE ADVERTISING BEEN MET?

>> IT HAS BEEN MET. >>MAYOR HUDSON: EX-PARTE

COMMUNICATION. >>COMMISSIONER BRODERICK: YES,

WITH THE DEVELOPMENT TEAM. >>COMMISSIONER GAINES: YES,

WITH THE DEVELOPMENT TEAM. >>COMMISSIONER CURTIS JOHNSON:

YES, DEVELOPMENT TEAM. >>COMMISSIONER J. JOHNSON: YES,

WITH THE DEVELOPMENT TEAM. >> MAYOR HUDSON.

>>MAYOR HUDSON: NO. SWEAR IN THE WITNESSES.

>> ANYONE SPEAKING ON THIS ITEM STAND AND RAISE YOUR RIGHT HAND.

[01:45:04]

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH, AND

NOTHING BUT THE TRUTH? >> I DO.

>> THANK YOU. >> PROCEED MR. NUM NULGILMOR.

>> BEFORE YOU WITH A DEVELOPMENT REVIEW AND DESIGN REVIEW FOR THE SUBJECT PROPERTY 553 OKEECHOBEE ROAD.

THE APPLICANT, DYNAMIC ENGINEERING CONSULTANTS.

PROPERTY OWNER OKEEJEN LLC WITH THE PARCEL ID LISTED. PTHE APPL CONSTRUCT A 103,022-SQUARE-FOOT TWO-STORY, SELF-STORAGE AND VEHICLE STORAGE FACILITY WITH ASSOCIATED SITE IMPROVEMENT.

THOSE SITE IMPROVEMENT INCLUDE NEW LANDSCAPING, DRAINAGE, LIGHTING, PARKING FOR VEHICLES. BEING STORED, KNOT OF WHICH ARE 19 SPACES, PARKING FOR EMPLOYEES AND CUSTOMERS WHICH ARE TEN SPACES TOTALING 30 PARKING SPA SPACES. THIS IS THE PROCEDURE FOR CONDITIONAL USE APPROVAL -- REVIEW AND APPROVAL PER THE CITY CODE. THE SITE LOCATION IS AT THE FORT PIERCE COMMERCIAL. ACTUALLY IT IS -- IT IS PART OF THE PRELIMINARY PLAT THAT YOU GUYS JUST -- JUST APPROVED.

LOCATED NEXT TO THE OKEJEN. THE APPLICANT IS USING JUAN OF THE PARCELS SUBDIVIDED 1.3 ACRES OF THE 10.6 ACRES.

FUTURE LAND USE IS GENERAL COMMERCIAL WITH CG GENERAL COMMERCIAL. AND THIS IS THE SITE PLAN THAT THE APPLICANT IS PROPOSING WITH 11 STANDARD SPACES IN THE FRONT.

AND 19 VEHICLES STORAGE PARKING SPACES IN THE REAR OF THE SUBJECT PROPERTY. THE APPLICANT'S LANDSCAPE PLAN INCLUDE SEVERAL TREES. 13 RED MAPLE.

TEN PINE NEEDLE. NINE SOUTHERN OAK.

NATIVE. AND -- ELEVATION OF THE PROPOSED STRUCTURE.

THIS IS THE SOUTHERN AND EASTERN EXTERIOR ELEVATION OF THE PROPOSED STRUCTURE. THE CONDITIONS OF APPROVAL FOR THE SUBJECT PROPERTY INCLUDE SIX CONDITIONS.

ONE A COMPLETION CERTIFICATION BY A LANDSCAPE ARCHITECT.

COST ESTIMATE PURSUANT TO CITY CODE.

REQUIRED BEFORE A CERTIFICATE OF OCCUPANCY.

PRIOR TO ISSUANCE OF ANY SITE PLAN PERMITS, THE APPLICANT WILL PROVIDE A TREE MITIGATION SURVEY AND COORDINATE WITH THE CITY OF FORT PIERCE FOR THE CITY REGULATED TREES PROPOSED TO BE REMOVED AS A RESULT OF THE SITE'S DEVELOPMENT AND CONSTRUCTION ACTIVITY. THREE, PER CITY CODE CHAPTER 121 SUBDIVISIONS, A FINAL PLAT IS REQUIRED.

FOR A COMPLETION OF THE FINAL PLAT, PLEASE SUBMIT A GENERAL ADDRESS FORM FOR THE NEWLY CREATED PARCEL ID AND FOR EACH OF THE PROPOSED BUILDINGS. NUMBER FIVE, WITH A MONUMENT SIGN, INSTALL A LANDSCAPE AREA AROUND THE PROPOSED MONUMENT SIGN WHICH INCLUDES A MINIMUM DISTANCE OF THREE FEET IN SUCH DIRECTIONS. LANDSCAPE AREA WILL BE COVERED BY SHRUBS, HEDGES AND OTHER MATERIALS.

AND OPAQUE FENCE FOR THE OUTSIDE STORAGE AREA.

PLANNING HAD A CONCERN OF THE NUMBER PARKING SPACES BUT RECOMMENDED APPROVAL OF THE SITE PLAN NOTING THE SIX RECOMMENDED CONDITIONS STAFF IS RECOMMENDING A~ APPROVAL WITH THE SIX CONDITIONS. ALTERNATIVES TO RECOMMENDATION ARE A MODIFIED APPROVAL OR RECOMMEND DISAPPROVAL.

THANK YOU. >>MAYOR HUDSON: QUESTIONS OF STAFF? ANY QUESTIONS OF STAFF?

>>COMMISSIONER J. JOHNSON: CAN YOU HELP ME WITH THE FENCE AS ONE OF YOUR CONDITIONS. DESCRIBE TO ME THE CONDITION OF THE FENCE, SIX-FOOT? EIGHT-FOOT? BECAUSE ADJACENT RESIDENCES TO THE PROPERTY.

BELIEVE IT OR NOT, DIDN'T SPECIFY THE HEIGHT.

I WILL HAVE TO LOOK INTO THAT. I BELIEVE GENERAL COMMERCIAL CAN

[01:50:03]

GO UP TO -- POSSIBLY EIGHT. I BELIEVE SO.

>>COMMISSIONER J. JOHNSON: I BELIEVE THAT IS WHERE IT IS TOO.

THE APPLICANT WILL LISTEN AND PROBABLY PROVIDE SOME ANSWERS.

HOW ABOUT LIGHTING AND THIS -- IF YOU GO TO THAT SITE PLAN, YEAH, JUST THAT GENERAL VICINITY.

IS THERE LIGHTING PROPOSED IN THERE, BECAUSE WE HAVE CITY CODE

REQUIREMENTS? >> YES.

>> PART OF THEIR PARKING AREA. SAME PARAMETERS.

>> SAME PARAMETERS. >>COMMISSIONER J. JOHNSON: HOW ABOUT THE BUILDING ELEVATIONS ON THE SOUTH AND EAST.

I THINK YOU HAD A BUILDING ELEVATION PLAN SOMEWHERE THERE.

>> EAST. >>COMMISSIONER J. JOHNSON: SO I SEE ONE ENTRANCE. A DOORWAY.

GLASS MAYBE? I KNOW IT IS GLASS.

THE APPLICANT CAN ANSWER THAT. SO -- SO IT LOOKS LIKE MAYBE THEY MAY OR MAY NOT HAVE LIGHTING ON THIS -- ON THIS ELEVATION HERE. SO JUST WANT TO MAKE SURE -- THE HIGHER THE LIGHTS GET, THE MORE -- OR THE POSSIBILITY OF LIGHT TRANSFERRING TO SURROUNDING COMMUNITY.

WE GO BACK TO THIS SITE PLAN. SORRY TO KEEP FLIPPING BACK AND FORTH. DO YOU HAVE AN AERIAL? RIGHT THERE. THE PLATTED LOTS TO THE EAST

SIDE OF THIS PARCEL. >> CORRECT.

>>COMMISSIONER J. JOHNSON: THERE IS A STORMWATER BUFFER ZONE

THERE. >> TO THE SOUTH.

I DON'T THINK TO THE EAST. I DON'T BELIEVE SO.

>>COMMISSIONER J. JOHNSON: WANTED TO ADDRESS THE IMPACTS.

>>MAYOR HUDSON: ANY OTHER QUESTIONS?

COMMISSIONER BRODERICK. >>COMMISSIONER BRODERICK: WHAT

IS THE ZONING. >>C-3, GENERA COMMERCIAL.

>>COMMISSIONER BRODERICK: IS THE THOUGHT PROCESS HERE THAT C-3 WOULD ALLOW 1 UNION WILL,000 SQUARE-FOOT OF COMMERCIAL

DEVELOPMENT VERSUS SELF-STORAGE? >> CORRECT BROTH.

>>COMMISSIONER BRODERICK: THE WAY I LOOK AT IT, WE UNDERSTAND THE TRAFFIC GENERATION DIFFICULTIES THAT THIS CORRIDOR IS IT FACING CURRENTLY AND WILL GET MORE AND MORE AGGRAVATED IN THE FUTURE. BY GOING AHEAD AND PUTTING 103,000 SQUARE FEET OF SELF-STORAGE SPACE, TRAFFIC GENERATION IS VERY MINIMAL COMPARED TO WHAT THE POTENTIAL IF WE PUT IN 103,000 SQUARE FEET OF RETAIL ASSESSMENT.

IS THAT A FAIR ASSESSMENT? >> CORRECT.

>>COMMISSIONER BRODERICK: THIS IS ON THE BACK SIDE OF THE PROPERTY. HAVE NO IMPACT ON THE PRIMARY

ARTERIES, CORRECT? >> CORRECT.

SOMEWHERE ALONG THE FRONT ALONG OKEECHOBEE UNTIL THIS PORTION IS DEVELOPED, BUT CURRENTLY IT IS NOT DEVELOPED.

>>COMMISSIONER BRODERICK: THANK YOU.

THE OTHER COMMENT I WAS GOING TO MAKE THAT THE PLANNING BOARD MADE COMMENARY IN THEIR APPROVAL RELATIVE OF SELF-STORY FACILITIES WITHIN THE CITY LIMITS.

I AM NOT 100% CERTAIN OF THIS, BUT WHEN I WAS ON THE PLANNING BOARD, THE INFORMATION CAME FORWARD AFTER USING FORT PIERCE WAS -- WAS GENERATING SO MANY TYPES OF FACILITY.

PORT ST. LUCIE DOES NOT ALLOW THEM AND A REGIMENTED APPROVAL PROCESS. AND COMING OVER THE CITY LINE TO FORT PIERCE, I THINK ULTIMATELY IN THE LAST COUPLE OF YEARS PROBABLY A DOZEN APPROVED. AND THE DISCUSSION OF THE PLANNING BOARD AT THE TIME AND OBVIOUSLY HAVE CARRIED FORWARD TO THEIR LAST MEETING WAS RELATIVE TO CONTROLLING THIS IN SOME CAPACITY. I AM NOT SAYING THIS HAS ANYTHING TO DO WITH THIS APPLICATION NECESSARILY, BUT MOVING FORWARD, MAYBE SOMETHING TO REQUEST THAT THE PLANNING DEPARTMENT MAY WANT TO TAKE A LOOK AT TO MIRROR WHAT OTHER CITIES HAVE DONE IN AN EFFORT TO PLAN THIS BETTER.

YOU DRIVE DOWN FEDERAL HIGHWAY RIGHT NOW.

AND THERE IS EASILY HALF A DOZEN OF THESE THINGS UNDER CONSTRUCTION. ALL OF WHICH HAVE BEEN APPROVED.

BUT JUST SOMETHING THAT WE MAY WANT TO CONSIDER IN THE FUTURE TO TASK THE PLANNING DEPARTMENT COMING UP WITH SUGGESTIONS.

>>MAYOR HUDSON: I THOUGHT PEOPLE WERE JUST SAVING ALL THEIR STUFF. DOWNSIZING.

>>COMMISSIONER CURTIS JOHNSON: MADAM MAYOR, I HAVE TO COMMENT ON THIS. THIS IS WHAT IS HAPPENING.

WE ARE GETTING OUR WESTERN AND NORTHERN FRIENDS MOVING HERE THAT HAD MUCH LARGER HOUSES AND THEY SAY ONE SQUARE FOOT.

BUT FLORIDA SQUARE FOOT IS DIFFERENT THAN NEW YORK SQUARE SIZE. FURNITURE IS BIGGER.

BUT, YOU KNOW, I THINK WE HAVE TO JUST HAVE CAUTION ON THIS.

YES, WE NEED TO BE AWARE, BUT WE ALSO ARE AWARE WHAT IS HAPPENING IN THIS ENTIRE CORRIDOR WITH NEW FAMILY HOMES THAT ARE GOING IN THIS AREA. AND WE WELCOME NAH THAT.

BECAUSE THIS VACANT LAND NOW IS BEING PUT ON THE TAX ROLL TO SUPPORT THE CITY OF FORT PIERCE AS WE GROW.

AND SO I JUST WOULD LIKE TO BE AWARE OF IT, BUT I THINK WE NEED TO BE CAUTIOUS TOO, BECAUSE THIS WHOLE COMMERCIAL PLOT THAT WE

[01:55:05]

ARE LOOKING FOR HERE WILL BRING A LOT OF ACTIVITY THERE.

THANK YOU. >>MAYOR HUDSON: I HAVE A QUESTION OF THE AUTO STORAGE. VEHICLE STORAGE.

THAT A BUILDING OR OUT IN THE ELEMENTS?

>> IF JUST IN THE PARKING LOT, THE VEHICLE STORAGE.

>>MAYOR HUDSON: PEOPLE CAN STORE FOR A LONG PERIOD OF TIME LIKE

USING A STORAGE UNIT? >> CORRECT.

>>MAYOR HUDSON: IS THERE SECURITY FOR THAT.

SECURITY FOR THE FACILITY? >> I WILL HAVE TO DEFER THAT TO THE APPLICANT. MARY MAYOR ANY OTHER QUESTIONS OF STAFF? I WOULD LIKE THE APPLICANT TO COME FORWARD, PLEASE. WELCOME.

STATE YOUR NAME FOR THE RECORD SIR.

>> THANK YOU. GOOD EVENING, MIKE MILES WITH DYNAMIC ENGINEERING, OFFICE IN DELRAY BEACH.

MADAM MAYOR, COMMISSIONERS. I WILL BE HAPPY TO ANSWER ANY

QUESTIONS. >>MAYOR HUDSON: DO YOU HAVE ANY

QUESTIONS OF STAFF? >> I DO NOT.

THEY HAVE BEEN GREAT TO WORK WITH.

>>MAYOR HUDSON: YOU HEARD SOME OF OUR QUESTIONS.

COMMISSIONER J. JOHNSON ASKED A FEW.

DO YOU REMEMBER THEM. >> I CAN DO THAT OR WE HAVE A SHORT PRESENTATION, WHICHEVER YOU WOULD LIKE TO DO.

I CAN ANSWER THE QUESTIONS DIRECTLY.

DO YOU HAVE A PRESENTATION. >>COMMISSIONER J. JOHNSON:

PRESENTATION IS FINE. >>MAYOR HUDSON: SHORT

PRESENTATION IS GOOD. >> ON THE DESKTOP CALLED SUBMITTAL PACKET. UP RIGHT TOP.

THERE YOU GO. >> WHERE IS THE --

>> IT IS A PDF. >> I WILL MAKE IT SHORT AND SWEET. JOHNSON DEVELOPMENT ASSOCIATES IS MY CONTRACT, THE CONTRACT PURCHASER AND THE APPLICANT.

THE OWNER IN OKEEJEN LLC, BRANDY JONES DIRECTOR, AND NATALIE SMITH ALONG WITH BOB RAINS. AND THE ARCHITECT IS MICHAEL NORTHCUT FROM FSHLGZWH. A LITTLE BIT ABOUT JOHNSON DEVELOPMENT. NOT YOUR AVERAGE SELF-STORAGE DEVELOPER. THEY HAVE BEEN DOING THIS QUITE A LONG TIME. BASED OUT OF SOUTH CAROLINA BUT STRATEGICALLY EXPANDED OVER THE UNITED STATES SINCE 1986.

DEVELOPED 70 SELF-STORAGE FACILITIES OF WHICH THEY OWN AND OPERATE QUITE A BIT OF THEM. LONG-TERM HOLDERS.

AND IN THERE, THEY HAVE BEEN ACTIVE SINCE 2016.

OBVIOUSLY WE ARE HERE TODAY FOR THE CONDITIONAL USE FOR THE SELF-STORAGE AND THE VEHICLE STORAGE COMPONENT OF THIS PROPERTY, THE FORT PIERCE PRELIMINARY PLAT WAS APPROVED WHICH WE ARE LOT 3 OF ON THE EASTERN SIDE.

GRAPHIC THERE. THIS IS AN OVERALL AERIAL OF THE SUBJECT SITE. HAVE ACCESS PRIMARILY OFF OF OKEECHOBEE AND JENKINS WITH THE SHARED ACCESS ROAD WITH THE CHIPOTLE AND RETAIL AND THE PROPOSED ALDI COMING IN AS WELL.

ONE OF THE THINGS THAT THE PLANNING BOARD BROUGHT UP WAS THE TRAFFIC COMPONENT OF THE PROJECT TO WHICH WE FEEL THIS IS THE PERFECT SPOT FOR A SELF-STORAGE FACILITY CONSIDERING GENERAL COMMERCIAL. A LOT OF USES WITH MUCH HIGHER INTENSITY THAT COULD BE APPROVED BY RIGHT.

PUT A SLIDE TO SHOW THE EXISTING TRAFFIC NUMBERS OF POSSIBLE USES ON THIS PROPERTY OF WHICH THE SELF-STORAGE IS A DRAMATIC TRAFFIC REDUCER. SO I FELT LIKE THAT WAS IMPORTANT TO NOTE. THIS IS OUR PROPOSED SITE PLAN.

IT IS A LITTLE EASIER TO SEE ON THE RENDERING THAT I WILL GET TO IN A SECOND. BUT WE HAVE ONE MEANS OF INGRESS WHICH IS A ONE-WAY DRIVE AISLE COMING FROM THE SHARED ACCESS DRIVE THROUGH A GATE. SECURITY SYSTEM WITH A KEY ACCESS THAT ONLY PATRON THIS WAS FACILITY CAN UTILIZE TO ENTER AND TO EXIT THE PREMISE. SO THERE WILL BE A SECURITY FENCE AROUND AND THERE WILL BE OPAQUENESS TO THIS FENCE FLANKING THE INDUSTRIAL -- SORRY, THE RESIDENTIAL NEIGHBORS

TO THE SOUTH AND TO THE EAST. >>MAYOR HUDSON: DID YOU SAY HOW

HIGH IT WAS? >> EIGHT FOOT.

A LITTLE EASIER TO SEE HERE. TO YOUR POINT EARLIER, MAYOR, THERE IS NO COVERED AWNINGS FOR THE OVERSIZED VEHICLE STORAGE.

SMALLER RVS. MAYBE A BOAT.

WE HAVE SPACES FOR LONG-TIME STORAGE.

AND TO THE EAST AND SOUTH BY DETENTION DIFFERENT THAT ST.

[02:00:02]

LUCIE OWNS AND OPERATES. WE THINK THIS IS THE PERFECT SPOT FOR THE USE TUCKED A AWAY SAFE AND SECURE.

THESE ARE THE ELS. IT DIDN'T HAVE THIS MUCH BREAK-UP OF THE WALLS, BUT DURING THE STAFF REVIEW, WE DISCUSSED WITH MR. FREEMAN PLANNED GILMOUR AND A BETTER ARCHITECTURAL FLAVOR TO ADD FAUX WINDOWS TO BREAK UP THE NORTH AND THE WEST. THE DIFFERENCE BETWEEN THESE ELEVATIONS HERE AND ONES IN THE STAFF REPORT.

THIS KIND OF GOT MUDDIED UP FROM PRESIDENT SCANNING PROCESS, BUT THIS SLIDE HAD AN OVERALL VIEW OF THE COMMERCIAL DEVELOPMENTS TO THE WEST AND HOW IT INTERMINGLED TOGETHER.

HAPPY TO PULL UP A POWER POINT IF YOU HAVE ANY QUESTIONS ON THAT SO TO ANSWER COMMISSIONER JOHNSON'S QUESTIONS ABOUT LIGHTING. IT IS OUR INTENT TO SHIELD THE LIGHTS AND NOT HAVE ANY SORT OF BLEED OVER TO THE REST DENS.

WE WILL MEET CODE AND WORK WITH STAFF WITH THE PERMITTING PROCESS. THE DOORS ARE GLASS AND THEY HAVE BEEN DOING THIS A LONG TIME.

THEY KNOW NEIGHBORS ARE THEIR FRIENDS, NOT THEIR ENEMIES AND WANT TO MAKE IT HAPPY. THE APPLICANT HAS NO ISSUES WITH THE CONDITIONS OF APPROVAL AND WE WILL BE ANSWERING ANY

QUESTIONS THAT YOU MAY HAVE. >>MAYOR HUDSON: GOOD JOB.

THAT WAS QUICK, THANK YOU. QUESTIONS OF THE APPLICANT.

>>COMMISSIONER J. JOHNSON: A COUPLE OF COMMENTS.

IF YOU GO BACK TO THE ELEVATIONS.

THE ENHANCED ELEVATIONS. I WANTED TO SAY THANK YOU FOR THIS. WE HAD A GOOD CONVERSATION, COMMISSIONERS, ABOUT OKEECHOBEE ROAD BEING OUR INSURANCE GATEWAY BASED ON STRATEGIC PLAN WE PUT TOGETHER AS A COMMISSION AND WE BROUGHT IN ELEMENTS OF DESIGN THAT HI WANT TO SAY THANK YOU FOR DOING THAT BECAUSE THIS IS OUR ENTRANCE TO FORT PIERCE FROM STATE ROAD 70. IF YOU COULD GO BACK TO THE SITE. THE SLIDE IS FINE.

CONFIRM FOR ME THE LOWER LEFT OR SOUTHWESTERN CORNER OF YOUR PARCEL. IS THAT A RETENTION -- WELL, IT IS NOT EVEN ON YOUR PARCEL. THE PARCEL ADJACENT.

IS THAT A POND? >> IT IS A POND THAT SEARCHS THE FORT PIERCE COMMERCIAL PLAT OVER -- WHAT YOU HAVE -- THE LIGHTER GREEN IS THE DRY DETENTION. THE PRETREATMENT HIRE TO HEADING

INTO THE WET POND. >>COMMISSIONER J. JOHNSON: THANK YOU FOR THAT. ENHANCED DEVELOPMENT AND CHIPOTLE AND ALDI COMINGIN. WE KNOW CONSTRUCTION IS GOING ON. MAKE SURE THE STORAGE AREA IS BUFFERED FROM THE COMMERCIAL, AND NOT JUST THE RESIDENTIAL.

>>MAYOR HUDSON: QUESTIONS OF THE APPLICANT.

THEN? ANYONE?

THANK YOU ALREADY SIR. >> THANK YOU VERY MUCH.

>>MAYOR HUDSON: ANYONE ELSE TO ADDRESS THIS ISSUE FOR THIS PARTICULAR ITEM. SEEING NO MOVEMENT, I WILL COME

BACK TO THE COMMISSION. >>COMMISSIONER GAINES: MADAM

MAYOR, I MOVE TO APPROVE. >> SECOND.

>>COMMISSIONER GAINES: WITH STATED CONDITIONS.

>>MAYOR HUDSON: THANK YOU VERY M

MUCH. >>COMMISSIONER BRODERICK: YES.

>>COMMISSIONER GAINES: YES, MA'AM.

>>COMMISSIONER CURTIS JOHNSON: YES, MA'AM.

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

>>MAYOR HUDSON: YES, MA'AM. >> OKAY.

[m. Quasi-Judicial Hearing - Review and approval of an application for a Site Plan (Development and Design Review) and Conditional Use by property owner Love Center Regeneration Ministries and applicant Deborah L. Martohue, Esq. AICP, to construct a 199-foot monopole telecommunication tower located at 3111 Avenue D, more specifically located at Parcel ID: 2408-123-0008-000-2.]

NEXT WE HAVE A QUASI-JUDICIAL HEARING FOR THE REVIEW AND APPROVAL OF AN APPLICATION FOR SITE PLAN DEVELOPMENT AND DESIGN REVIEW AND CONDITIONAL USE BY PROPERTY OWNER LOVE CENTER REGENERATION MINISTRIES AND APPLICANT DEBRA L. MARTOHUE ESQUIRE, AICP TO CONSTRUCT A 199-FOOT MONOPOLE TELECOMMUNICATION TOWER LOCATED 3111 AVENUE D.

>>MAYOR HUDSON: HAS THE ADVERTISING REQUIREMENT BEEN

MET? >> THE ADVERTISING HAS BEEN MET.

>>MAYOR HUDSON: EX-PARTE COMMUNICATIONS.

>>COMMISSIONER BRODERICK: YES. I MET WITH THE DEVELOPER'S REPRESE REPRESENTATIVE.

>> COMMISSIONER GAINING? >>COMMISSIONER GAINES: YES, MA'AM, WITH THE DEVELOPER AND RESIDENTS OF FORT PIERCE.

>>COMMISSIONER CURTIS JOHNSON: YES, DEVELOPERS AND RESIDENCE OF

THE COMMUNITY. >>COMMISSIONER J. JOHNSON: YES, I HAD DISCUSSION WITH THE RESIDENTS ON THE APPLICATION.

>>MAYOR HUDSON: YES, I HAD DISCUSSIONS WITH RESIDENTS.

AND WOULD YOU LIKE TO SWEAR IN THE WITNESSES.

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

>>MAYOR HUDSON: ALL RIGHTY. WE HAVE THIS ITEM AND THEN WE

[02:05:02]

HAVE ANOTHER ITEM THAT A LOT OF PEOPLE ARE INTERESTED IN.

AND EVERYBODY HAS BEEN VERY PATIENT AND VERY POLITE.

SO WE ARE GOING TO WORK OUR WAY THROUGH THIS.

PLEASE PROCEED. >> COMMISSIONERS, MADAM MAYOR, BEFORE YOU IS APPLICANT FOR CONDITIONAL USE FOR LOVE MINISTRIES LITTLE COMMUNICATION TOWER.

THE APPLICANT IS DE DEDEBRA MARTOHUE.

LOCATED AT THE PARCEL ID BELOW. THE APPLICANT IS REQUESTING A REVIEW OFFENCE APPLICATION FOR A SITE PLAN AND CONDITIONAL USE FOR A TELECOMMUNICATION TOWER AT 3111 AVENUE D.

THE APPLICANT IS SEEKING TO INSTALL THE UNMANNED WIRELESS FACILITY OF A 199-FOOT MONOPOLE AND ASSOCIATED GROUND EQUIPMENT WITH 60 FOOT BY 60 FOOT COMPOUND WITH ACCESS FROM AVENUE D.

THE MONOPOLE IS DESIGNED TO HAVE A MAXIMUM OF FOUR CARRIERS.

THE SITE LOCATION. PARCEL IN THE YELLOW AND THE ACTUAL 60 BY 60-FOOT DEVELOPMEN. THE TELECOMMUNICATION IS 06 FOOT BY 06 FOOT. THE LAND USE IS GENERAL COMMERCIAL. ZONING IS ALSO GENERAL COMMERCIAL. THIS IS THE SITE PLAN.

AS YOU CAN SEE IN THE READ, THAT IS THE COMPOUND, AND THE YELLOW IS THE PARCEL ITSELF. THIS IS THE SITE PLAN AND ALSO THE TOWER'S ELEVATION AND DES DESIGN. THIS IS A MORE IN-DEPTH LOOK AT THE ACTUAL COMPOUND THAT THE TOWER WILL BE ON.

THIS IS THE LANDSCAPING PLAN AND IN THE GREEN ARE HIGHLIGHTED THE OAK TREES THAT ARE BEING PROPOSED.

SECTION 125361 IS THE SECTION WHERE WE LOOK FOR OUR INFORMATION FOR SUPPORT STRUCTURES.

AND THE CONSIDERATION OF ANTENNA SUPPORT STRUCTURES THE FOLLOWING HAS TO BE MET AND CONSIDERED. THE HEIGHT OF THE STRUCTURE WHICH IS 199-FOOT MONOPOLE WITH A FOAM RADIUS OF 47 FEET.

THE PROPOSAL TO RESIDENTIAL DISTRICT FREE IS # 25 FEET AWAY FROM THE NEAREST HOUSE AND 240 FEET AWAY FROM THE NEAREST RESIDENTIAL PROPERTY. THE NATURE OF USES ARE INDUSTRIAL, AND RESIDENTIAL SURRO SRROUND. SIX OAKS BEING PROPOSED WITH THE LANDSCAPING AND LOT TO THE SOUTH HAS DENSE TREE COVER.

DESIGN OF THE ANTENNA SUPPORT STRUCTURE WITH THE DESIGN CHARACTERISTICS WITH THE EFFECT OF REDUCING OR ELIMINATING VISUAL OBTUSENESS TO THE EXTENT POSSIBLE.

THE PLACEMENT OF THE MONO POLE TO REDUCE VISUAL IMPACTS AND THE MATERIAL THAT THE POLE IS TO BE MADE FROM.

SEVEN, PROPOSED INGRESS AND EGRESS.

ENTRY EXIT ROAD MADE ON THE SITE PLAN TO GIVE ACCESS TO THE 60X 60 POUND FROM AVENUE D. ALSO A SECTION 8 THAT DELVES INTO THE SURROUNDING COMMUNICATION TOWER AND THE -- AND ANY APPLICANT SUBMITTL, YOU CAN FIND THAT INFORMATION.

THIS IS ADJUSTING THE SURROUNDING TOPOGRAPHY.

THIS IS WHERE THE MONO POLE IS BEING SUGGESTED AND THESE ARE THE SURROUNDING AREAS. AT MARCH 23, 2023 MEETING, THE PLANNING BOARD RECOMMENDED APPROVAL OF THE USE AND SITE PLAN AT THE CONDITION THAT HAD THE APPLICANT COULD HAVE A WAIVER OF THE FIVE-FOOT SIDEWALK CONNECTION.

STAFF RECOMMENDATION IS FOR A -- FOR CONDITION ONE PRIOR TO THE ISSUANCE OF APPROVAL. AND GOPHER TORTOISE N.

FINAL CERTIFICATION OF OCCUPANCY IS APPROVED FOR THE SITE.

THREE, SUBSEQUENT DEVELOPMENT ON 3111 AVENUE D AND ADJACENT PROPERTY CITY CODE 125.317 OF THE PROVISION OF SIDEWALKS OF THE PUBLIC AND PRIVATE RIGHT-OF-WAY OF ALL STREETS ABUTTING A PARCEL AND PARALLEL TO THE STREET.

FOUR, A SUBDIVISION APPLICATION WILL BE REQUIRED PRIOR TO THE FURTHER OF PARCEL. RECOMMENDATION.

[02:10:02]

STAFF RECOMMENDATION FOR THE CITY COMMISSION TO VOTE APPROVAL OF THE CONDITIONAL USE WITH THE FOUR CONDITIONS.

THE ALTERNATE RECOMMENDATION IS A RECOMMENDATION OF APPROVAL WITH ALTERNATIVE CONDITIONS OR RECOMMENDATION OF DISAPPROVAL.

THANK YOU. >>MAYOR HUDSON: QUESTIONS OF STAFF? ANY QUESTIONS OF STAFF?

>>COMMISSIONER BRODERICK: I HAD MET WITH THE DEVELOPMENT TEAM OR THE DEVELOPER THE PROPOSAL IS SIMPLY FOR THE COMMUNICATION

TOWER, IS THAT CORRECT? >> YES.

>>COMMISSIONER BRODERICK: I WAS TOLD AN ENTIRE SITE SCHEME OF DEVELOPMENT FOR A RV BOAT FACILITY, ETC.

THAT IS NOT IN THE PROPOSAL. >> NO.

>>COMMISSIONER BRODERICK: REDEVELOPMENT OF THE STREET SIDE IS OUT. THE TELECOMMUNICATION POLE IS

ALL THAT IS REMAINING? >> YES.

>>COMMISSIONER BRODERICK: I AM CLEARLY UNDERSTANDING THE ONLY THING SUBMITTING FOR AND NOT THE PACKAGE PRESENTED TO ME?

>> YES. TO THE TELECOMMUNICATION TOWER AND THE 06X 60 COMPOUND AND THE ACCESS TO THAT.

WE HAVE NOT RECEIVED A FORMAL SITE PLAN FOR THE REREMAINDER OF

THE PROPERTY. >>COMMISSIONER BRODERICK: IT WAS MUCH MORE EXTENSIVE FOR THE SITE.

>> WE HEARD THAT BUT HAVE NOT RECEIVED A FORMAL APPLICATION.

>>MAYOR HUDSON: ANY OTHER QUESTIONS FOR STAFF?

>>COMMISSIONER J. JOHNSON: GO BACK TO THE SITE PLAN.

>>MAYOR HUDSON: YES, SIR. >>COMMISSIONER J. JOHNSON: GET MY BEARINGS. THE I DON'T EVER ALL SITE.

OKAY. RIGHT THERE.

AGAINST THE CANAL TO THE WEST OF THE PROPERTY?

>> YES. >>MAYOR HUDSON: ANY OTHER QUESTIONS OF STAFF. I WOULD LIKE THE APPLICANT TO COME FORWARD, PLEASE. STATE YOUR NAME AND WELCOME.

>> THANK YOU, MAYOR. GOOD EVENING, MAYOR, COMMISSIONERS, I AM DE DEBRA MARTOHUE.

1036 NORTH ST. PETERSBURG. I'M HERE WITH TODD MARTOHUE.

THE ENGINEER FOR THIS PROJECT. NOT JUST THE TELECOMMUNICATION BUT FOR FUTURE DEVELOPMENT. HE HAS BEEN PART OF THE ADVISORY

TEAM. >>MAYOR HUDSON: DO YOU HAVE ANY QUESTIONS OF STAFF? THE PLANNING STAFF?

>> NO. I AM JUST --

>>MAYOR HUDSON: I AM REQUIRED TO ASK YOU THAT QUESTION.

YOU ARE ALLOWED TO ASK THEM A QUESTION IF YOU HAVE ONE.

IF YOU DON'T. >> NOT A THIS THIS TIME.

I WANTED YOU TO KNOW WHO WAS HERE.

A REPRESENTATIVE OF TELECOM ROBIN GWINETT.

AND TRYING TO FIND A GOOD LOCATION THAT MET ZONING REQUIREMENTS. AND THE OWNER OF THE PROPERTY WAS HERE. HE APOLOGIZES.

HE HAD TO LEAVE. THIS WAS SCHEDULED AFTER HE HAD AN OBLIGATION TO TEACH A CLASS IN INDIAN RIVER.

HE STAYS AS LATE AS HE COULD. >>MAYOR HUDSON: WE HAD A LOT OF

BUSINESS. >> A BIG AGENDA.

BEFORE WE GET STARTED, I WANTED TO THANK STAFF, KEVIN AND RYAN IN PARTICULAR, WHO WE MET WITH AND GAVE US QUITE A BIT OF GUIDANCE BEFORE EVEN SUBMITTED IN DECEMBER.

WE WANTED TO GET EVERYTHING READY.

WE ARE NOT FROM HERE. AND WE WANT TO MAKE SURE THAT WE DID CROSS OUR TS AND DOTTED OUR EYES AND CERTAINLY HAVE HELPED GUIDE US THROUGH THE PROCESS. WE REALLY APPRECIATE ALL THEIR

TIME AND ENERGY. >>MAYOR HUDSON: DO YOU HAVE A

BRIEF PRESENTATION? >> I DO.

WHICH ONE DO I PRESS, THIS ONE? OH, I GOT IT.

I WILL TRY TO MICK THIS BRIEF, BECAUSE RYAN WAS VERY THOROUGH

IN THINKS PRESENTATION. >>MAYOR HUDSON: YOU DON'T HAVE

TO REPEAT A LOT OF WHAT HE SAID. >> THIS AREA JUST SHOW IS YOU ALL THE DIFFERENT TYPES. AND IT WAS GIVEN TO YOU IN YOUR PACKAGE. ALL THE DIFFERENT PROPERTIES IN THE AREA. COMMERCIAL TO THE NORTH AND INDUSTRY TO THE WEST AND VACANT TO THE SOUTH.

AND RESIDENTIAL TO THE AUTOEST. THIS IS THE SUBJECT PARCEL WHICH RYAN WENT THROUGH. I JUST WANT TO SAYS THERE ALREADY AN EXISTING ASPHALT DRIVEWAY.

WE ARE ADDING A 14-INCH STABILIZED DRIVE TO THE WEST OF THE COMPOUND WHICH IS SECURED. OBVIOUSLY WE EXCEED ALL OF THE REQUIRED LAND DEVELOPMENT STANDARDS FOR INTABLGS.

AS WELL AS ALL THE OTHER DEPARTMENT STANDARDS OF LOT DEPTH AND LOT FRONTAGE. WE ARE DESIGNED FOR A MINIMUM OF

[02:15:02]

FOUR COLLOCATIONS WHICH WILL REDUCE THE NEED FOR FUTURE TOWERS IN THE AREA GOING FORWARD.

THE OVERALL HEIGHT IS 199 FEET AND FOUR-FOOT LIGHTNING ROD.

THE FAA WILL NOT REQUIRE LIGHTING UNLESS IT IS A CONCERN FOR PEOPLE. AND HAVE A COUPLE OF AIR FIELDS TO THE NORTH, BUT NOT IN THIS LOCATION AND NOT AT THIS HEIGHT.

I THINK RYAN AND I MAY HAVE TAKEN MEASUREMENTS SLIGHTLY DIFFERENT LEAP BUT ROUGHLY THE SAME.

206 FEET BUT THE LEASE AREA OF THE TOWER.

GREATER FROM AN ACTUAL RESIDENTIAL STRUCTURE.

WE DID SOME PHOTO IN ADVANCE OF EVEN SUBMITTING BECAUSE WHAT WE INCLUDED IN THE COMMUNITY OUTREACH.

PRIOR TO SUBMITTING, WE SENT A LETTER ON 15TH AND INCLUDED THE SITE PLAN. AND THE AERIAL.

AND WE SHOWED -- CAN I GO BACK? I DON'T KNOW.

WE SHOWED. WE DID NOT NECESSARILY TAKE PHOTOS FROM THE NORTH, SOUTH, EAST AND WEST.

TOOK IT FROM AREA OF CONCERN FROM THE RESIDENTIAL AREA TO THE EAST. AND THOSE ARE THE ONES INTO THE SOUTH. WE INCLUDED IN THE OUTREACH LETTER SO PEOPLE CAN SEE WHAT THIS ACTUALLY LOOKS LIKE IN THE NEIGHBORHOOD. BECAUSE I DON'T -- I DODON'T PICTURES ARE WORTH A THOUSAND WORDS.

SORRY. THIS IS FROM AVENUE C.

AND THIS IS FROM THE RESIDENTIAL NEIGHBORHOOD.

YOU CAN SEE IT IS A LITTLE BIT MORE VISIBILITY BUT ALSO UTILITIES IN THE SITE FROM A DISTANCE IT BLENDS IN WITH WHAT IS GOING ON. YOU CAN SEE THIS IS ANGLE ROAD AND AVENUE D AND RIGHT IN THE CENTER AND WAS QUITE A BIT OF HEAVY TRANSMISSION LINES IN THE AREA AS WELL.

AND THIS ONE IS FROM AVENUE B WHICH IS SOUTHEAST OF THE SITE.

YOU SEE IT IN THE CENTER. THE TREES REALLY HELP, I THINK, MITIGATE THE LOWER HALF. THIS ONE IS FROM AVENUE D NORTHEAST OF THE SITE. AGAIN, YOU GOT A LOT OF VISUAL CLUTTER FROM THE TRANSITION POLES ALONG AVENUE D.

AND THIS ONE IS EAST-SOUTHEAST OF THE SITE AS WELL.

AND IT IS BARELY VISIBILITY. YOU CAN SEE THE TOP MAYBE 30 OR 40 FEET MAYBE. IT IS RIGHT IN THE CENTER BY THE CLOUDS. SO THIS PARTICULAR SITE WAS CHOSEN TO HELP RELIEVE THE CONGESTION ALONG ANGEL ROAD, AVENUE D, THE LINCOLN PARK AREA. VERIZON IS ON EXISTING HANDOFF -- WE CALL HANDOFF TOWERS AROUND.

THEY HAVE A TOTAL OF NINE TOWERS IN FORT PIERCE.

I RECALL FROM PREVIOUS HEARINGS QUESTION RAISED HOW MANY TOWERS ARE ACTUALLY IN FORT PIERCE. WE TOOK A LOOK AT THAT.

WE HAVE 28. NOT -- SOME BROADCAST TOWERS AND SOMETIMES PEOPLE DON'T DISTINGUISH BETWEEN THE TWO.

BUT BROADCAST TOWERS ARE VERY DIFFERENT.

WE CAN'T COLLOCATE ON THOSE. AND THERE ARE ABOUT 28.

I DID -- IF ANYBODY IS INTERESTED AT SOME POINT, WE DID DOWNLOAD THE FAA -- THEY CALL IT THE AIR MAP THAT SHOW EVENLY DISTRIBUTED THROUGHOUT THE CITY KNOWING A COUPLE OF AIR FIELDS.

NOT A LOT UP THERE BECAUSE OF THE FLIGHT PATH AND RESTRICTIONS UP THERE THIS IS THE SEARCH THIS CAN THE SITE SLIGHTLY SOUTH OF THERE AND THE TYPE GRAPHICS ARE OUR HANDOFF TOWERS.

THE LIGHT GREEN AREA IS NOT GOOD COVERAGE FOR US.

IS NOT HAVING COVERAGE AT ALL. AND WHEN YOU SEE THE TOWER.

THE CHARTREUSE AND START TO FILL IN BETWEEN THE TOWERS. ALMOST I CAN QUESTION DISTANT LIKE THE HONEY COMB AND A LOT MORE SERVICE IN ENGLE ROAD AND

[02:20:09]

AVENUE D WITH THE ROAD GOING INTO DOWNTOWN.

THE REASON THAT THIS SITE PLAN CAME UP AFTER PLANNING BOARD WAS THE DISCUSSION OF THE SIDEWALK. OUR FACILITY IS UNMANNED AND REPRESENT LESS THAN 2% OF A FAIRLY LARGE ALMOST FOUR-ACRE SITE. WE WANTED TO SHOW THAT THE SIDEWALKS ARE BEING PLANNED. THE OWNER JUST -- WE ALL THOUGHT IT WAS BETTER TO BE PUT IN WHEN AN ACTUAL DEVELOPMENT MAY COME FORWARD IN THE FUTURE. IT IS JUST AN UNMANNED FACILITY.

TO CHECK ON THINGS AND IF THERE IS AN EMERGENCY, A HURRICANE EMERGENCY, SOMETHING HAS TO BE ADJU ADJUSTED. MORE OF A DELAY THAN A COMPLETE WAIVER. WE ARE CONTRIBUTE WITH THE COMP PLAN. WE ARE NOT ASKING FOR VARIANCES.

ZERO IMPACT ON PUBLIC SERVICE AND FACILITIES.

WE HAVE NOT IDENTIFIED ANY ENVIRONMENTAL ISSUES WHEN SPEAKING WITH STAFF. WE SPOKE OF GOPHER TORTOISE.

OUR EXPERIENCE THAT GOPHER TORTOISES ARE QUITE MOBILE AND DO THAT BEFORE BUILDING PERMIT. SO WE WILL DO THAT RIGHT BEFORE BUILDING PERMIT AND IF THERE IS RELOCATION THAT IS NEEDED, THERE IS A WHOLE PROCESS ABOUT THAT. CURRENTLY NO COLLOCATION.

AND SOME ARE OUTSIDE OF OUR SEARCH AREA AND NOT DESIGNED TO ACCOMMODATE THIS EQUIPMENT. I SHOWED YOU THE COVERAGE CAPACITY MAPS AND WE WILL AT LEAST FOUR COLLOCATION ACTIVITIES. AND SOMETIMES.

SOMETIMES A CARRIER NEEDS MORE WHAT WE CALL A R AAD CENTER.

WE CONCUR ACCOUNT STAFF'S FINDINGS AND ANALYSIS AND CONDITIONS OF APPROVAL. WE ARE HERE TO ANSWER ANY QUESTIONS. WE CERTAINLY HAVE OUR TECHNICAL TEAM HERE. AND ASK FOR YOUR APPROVAL.

THANK YOU. >>MAYOR HUDSON: THANK YOU.

QUESTIONS OF THE APPLICANT? >>COMMISSIONER J. JOHNSON: MADAM

MAYOR. >> I BELIEVE THERE ARE A COUPLE OF PEOPLE HERE IN OPPOSITION. WE SPOKE WITH THEM IN THE HALLWAY. I AM NOT QUITE SURE WHAT THEY

MIGHT SAY, BUT IF -- >>MAYOR HUDSON: HERE IS WHAT HAPPENS. THEY GET -- WHOEVER GETS TO SPEAK AND THEN YOU GET TO CLOSE IT OUT.

>> THANK YOU. >>MAYOR HUDSON: THEN YOU CAN ADDRESS THEIR QUESTIONS. COMMISSIONER J. JOHNSON HAS A

QUESTION. >>COMMISSIONER J. JOHNSON: A QUESTION ABOUT THE SITE. WE HAD PREVIOUS APPLICATION WHERE IS WE TALKED A LOT AB ABOUT BUFFERING LANDSCAPING IN SPECIFICALLY THE TOWER AREA. DO YOU HAVE YOUR RESIDENT EXPERT TO TALK OF LANDSCAPER? OR DO YOU WANT TO TALK OF LANDSCAPING? WHAT ARE WE DOING TO BUTTE TIE

THE LOCATION OF THE BASE. >> WELL, AS.

>> WE ARE DOING ALL THE REQUIRED LANDSCAPING AND NOT ASKING FOR ANY VARIANCES. QUITE A BIT OF VEGETATION AND MATURE TREE CANOPY SOUTH OF THE SITE, WHICH IS QUITE HELPFUL.

AS YOU CAN SEE WITH THE PHOTO TO THE EAST THAT BUFFER.

AND YOU CAN'T BLOCK THE SIGNAL WITH ENVIRONMENTAL TOPOGRAPHY.

BUT WITH THAT SAID, WE WOULD CERTAINLY LIKE TO -- IF THIS IS -- THIS IS WHAT THEY CALL A SLING DESIGN.

MONO POLE WITH THE ANTENNA. THE CANISTER MONO POLES ARE USUALLY MUCH, MUCH MORE VISUALLY INTERESTED.

BECAUSE THEY ARE AT LEAST TEN FEET IN DIE A NUMBER ERR AND EQUIPMENT HAS TO FIT INSIDE THEY DON'T HAVE TECHNOLOGY.

THEN THE RADIOS OVERHEAT IN THAT.

WE DON'T HAVE TO PUT THE ANTENNAS INSIDE THE CANISTER.

THE MONOPOLE IS SLIMMER IN DESIGN AND IN THE PHOTO, IT TENDS TO BLEND IN WITH THE SKY, THE CLOUDY SKY.

AND IT IS NOT A MAINTENANCE ISSUE.

YOU ARE NOT PAINTING IT ALL THE TIME.

AND WHICH SOMETIMES PAINTS SOUNDS LIKE A GOOD THING, BUT

[02:25:04]

SOMETIMES NOT GOOD REALITY. WE CHOSE THE SITE BECAUSE THERE IS SO MUCH MATURE CANOPY AROUND. WE ARE ADDING.

THERE IS A CANAL TO THE WEST AS YOU INDICATED INDUSTRIAL.

THEN A CANAL TO THE SOUTH AS WELL SO WE ARE REALLY TRYING TO UTILIZE THE EXISTING CONDITIONS AROUND THE SITE TO MITIGATE.

YOU CAN SEE IN THE PHOTOS, MOST OF THEM YOU ARE JUST SEEING THE VERY TOP MAYBE 25 OR 30%. OF THE POLE.

>>COMMISSIONER J. JOHNSON: YOU ANSWERED THE CUP OF 6 QUESTIONS, FINISH THE DESIGN, HEATING BECAUSE OF TECHNOLOGY.

I AM ASSUMING. >> 4G VERSUS 5G.

>>COMMISSIONER J. JOHNSON: 5G IS WHAT YOU ARE SHOOTING FOR.

AND YOU HAVE THE LANDSCAPE ELEMENTS.

YOU HAVE THE CANAL. HOW ABOUT POWER.

POWER AND BACK-UP POWER. WHAT ARE YOU DOING FOR THAT?

>> WE HAVE A GENERATOR LIKE MINE AT HOME.

WE HAVE A GENERATOR THAT WE PROPOSE TO HAVE ON-SITE.

AND IT WILL BE SOMEWHERE IN THE SECURED COMPOUND AND GENERATE POWER WHEN NEEDED IF POWER GOES OUT.

DURING STORM EVENTS WHICH IS WREN YOU WANT THE SITES RUNNING BECAUSE PEOPLE, THEY NEED TO BE WORKING FOR PEOPLE TO USE THEIR CELL PHONES. CRITICAL INFRASTRUCTURE IN MY HUMBLE BEEN. I WORKED ON A LOT OF -- WE CALL IT DEBRIEFING AFTER HURRICANES AND STORMS. AND WE HAVE COME A LONG WAY SINCE ANDREW.

I HAVE DONE RECONSTRUCTION AFTER THAT AND THE 20 -- IF.

>>COMMISSIONER J. JOHNSON: YOU HAVE A POWER BACK-UP GENERATOR.

FUEL SOURCE FOR THE GENERATOR. >> IS IT PROPANE OR DIESEL,

ROBIN? >> DIESEL --

>> PROPANE. I BELIEVE.

PROPANE. >>COMMISSIONER J. JOHNSON: NOT

DIESEL -- >>MAYOR HUDSON: SOMEBODY ELSE NEEDS TO COME UP HERE, THEN THEY NEED TO COME UP AND SAY THEIR

NAME, PLEASE. >> SURE.

HELLO. MY NAME IS ROBIN CLEMENT.

WITH TOWERCOM. THE GENERATOR WILL BE A DIESEL SENSITIVE. EITHER PROPANE OR NATURAL GAS.

>>COMMISSIONER J. JOHNSON: YOU KNEW WHERE I WAS GOING WITH MY QUESTION. THANK YOU FOR THAT.

>> NO PROBLEM. >>COMMISSIONER J. JOHNSON: COMMUNICATIONND TOWER FOLKS ARE OWNER OF THE TOWER OR NETWORK PROVIDER. ARE THEY PROVIDING ANY EMERGENCY SERVICES FOR -- YOU MENTIONED THE HURRICANE.

SO I WILL GO WITH THAT. IN THE BACK-UP POWER SITUATION, OBVIOUSLY COMMUNICATION IS -- IS A CRITICAL PART OF NOT ONLY RADIOS BUT CELL PHONE NETWORKS FOR EMERGENCY PROVIDERS, LAW ENFORCEMENT. IS THAT SOMETHING THAT IS ALSO PROVIDED? HOW IS THAT WORK.

HELP ME LEARN. >> OKAY.

FIRST OF ALL, DEBRA MARTAHUE FOR THE RECORD.

CHANGE OF SPEAKERS. THE GENERATOR IS TO MAINTAIN POWER ON THE SITE TO MAINTAIN THE SIMILARLY -- TO CONNECT TO FIBER. WE THERE ARE TWO DIFFERENT TYPES OF EMERGENCY. E-911 SITE.

IT IS ALWAYS PRIORITIZE REGARDLESS, REGARDLESS OF CHARACTER. EVEN IF VERIZON IS THE ANCHOR TENANT AND SAY T MOBILE HAVEN'T GOTTEN ON THE TOWER YET.

AND SOMEBODY HAS AN EMERGENCY. AND CAPACITY IS IT TAKEN ON THE NETWORK, BUT THEY CALL 911. THAT CALL GETS PRIORITIZED.

I DON'T KNOW HOW THEY TECHNICALLY DO IT, BUT IT IS REQUIRED BY THE FCC. BUT IT IS REQUIRED.

AND, OF COURSE, EVERY -- EVERY CARRIER.

EVERY WIRELESS CARRIER IS HELD TO THAT.

THAT IS PART OF THEIR LICENSE REQUIREMENTS.

SO -- BUT IN A HURRICANE, IT BECOMES PARTICULARLY IMPORTANT BECAUSE NOT THAT A LOT OF PEOPLE -- HAVE LAND LINES LEFT ANYMORE.

A SMALL PERCENTAGE, 20, 25%. PEOPLE HAVE DUAL.

WE USE OUR LAND LINES AND USE OUR INTERNET CONNECTION.

WE HAVE BEEN THROUGH HURRICANES AND EVERYTHING WE HAVE GOT GOING IS TEXTING AND MESSAGING BECAUSE THAT TAKES THE LEAST AMOUNT OF CAPACITY ON THE ANTENNAS. SO IT IS REALLY IMPORTANT THAT THE -- THAT THE POWER BE UP. NOW, PURPOSE A DIRECT HIT, THERE COULD BE SOME DAMAGE TO THE ANTENNAS THAT REQUIRE CREWS TO COME OUT AND GET THE TILT RIGHT. BUT THAT'S MINOR COMPARED TO MAKING SURE THAT THE POWER IS UP AND RUNNING.

I HOPE IT HELPS. >>COMMISSIONER J. JOHNSON: IT

DOES, THANK YOU. >>COMMISSIONER CURTIS JOHNSON:

[02:30:02]

MADAM MAYOR. THANK YOU, I, TOO, AM TRYING TO LEARN AND MAY BE A QUESTION OF THE TECHNOLOGY OF THE POLE.

THE MONO POLE. A SLIMMER POLE.

NOTHING CONTAINED INSIDE THE CANISTER THAT IS GENERATING HEAT. ALL ON THE OUTSIDE, CORRECT?

>> CORRECT, WHICH GIVES US MORE COVERAGE, MORE CAPACITY, MORE ABILITY TO -- YEAH, GIVE MORE CAPACITY IN PARTICULAR.

>>COMMISSIONER CURTIS JOHNSON: IS THIS POLE DESIGNED IN CASE WE GET SOMETHING. I DON'T WANT TO SAY WHAT.

BUT SOMETHING THAT CAUSE IT IS TO MOVE, BREAK, ETC., FLY AWAY, WHATEVER. HOW IS THIS POLE DESIGNED TO

HANDLE SUCH A SITUATION? >> WELL, FIRST OF ALL, IT IS NOT

GOING TO FLY AWAY. >>COMMISSIONER CURTIS JOHNSON: NEVER SAY NEVER. DOWN IN FORT MYERS.

BIG ONES. >> BY KNOW OF A TOWER THAT GOT DAMAGED. BUT THE ONLY OTHER ONES TO EVER KNOWN TO BE DAMAGED ARE THE OLD GUY TOWERS.

>>COMMISSIONER CURTIS JOHNSON: THIS IS NOT JIVE WIRES.

>> THIS IS A MONO POLE AND A HECK OF A FOUNDATION.

THEY ARE DESIGNED FOR 158-MILE WIND LOADING.

15 TO 60 MORE BEFORE THE FLORIDA BUILDING CODE CAME INTO PLAY IN 2002. BUT THIS SPECIFIC TOWER -- AND WE HAVE GIVEN A STRUCTURAL ANALYSIS TO STAFF HAS -- WHAT WE CALL A 47-FOOT FALL ZONE RADIUS. SO THEY BUILD IN A BREAK POINT ESSENTIALLY AT THAT 47 FEET DOWN FROM THE TOP.

IF FOR SOME REASON WE HAD A DIRECT HIT, MORE THAN 150 -- AND I AM SURE THERE ARE SOME CONTINGENCIES BUILT IN.

IN THE EVENT THAT IT WERE TO COLLAPSE, IT BENDS AND FALLS ON ITSELF. AND IT WOULD NOT -- IN THAT 47 FEET WE DESIGN IT TOO, IS CONTAINED FULLY INSIDE OF THE PARENT TRACT, BUT ALSO RECOGNIZE THAT THERE IS A CANAL IMMEDIATELY TO THE WEST AND THERE IS LIKE 296 FEET TO THE EAST. SO THAT TOWER, EVEN -- EVEN IF IT WENT LIKE THIS WHICH I DON'T THINK IT WOULD, IT IS NOT DESIGNED TO DO THAT, IT WOULD NEVER BE OUTSIDE OF THE PARENT

TRACT. >>COMMISSIONER CURTIS JOHNSON: THANK YOU. THIS IS A JUDICIAL HEARING SO MUCH LIKE. YOU ARE TESTIFYING TO THAT AND YOU ARE ON RECORD NOW BECAUSE WE ALSO HAVE PEOPLE IN THE AUDIENCE WHO ARE NOT IN THE LEGALESE. YOU PUT IT IN A SENSE THAT PEOPLE CAN UNDERSTAND IN VERY HUMAN TERMS THAT WE ALL --

>>I HOPE SO. WE HAVE GIVEN DOCUMENTS TO STAFF

TO BACK IT UP. >>MAYOR HUDSON: ANY OTHER QUESTIONS OF THE APPLICANT? THANK YOU VERY MUCH.

THANK YOU VERY MUCH. NOW IT IS TIME FOR ANYONE ELSE WHO WISHES TO ADDRESS THIS ISSUE, PLEASE COME FORWARD.

STATE YOUR NAME AND YOU WILL HAVE THREE MINUTES.

MISS COX WILL GIVE YOU A WARNING OF 15 SECONDS.

>> THREE SECONDS. >> THREE SECONDS? MARTINEZ MARTINEZ THAT IS OUR WARNING.

>> MY NAME IS JESSIE WALKER. I OWN ONE OF THOSE PROPERTIES -- THREE OF THEM THAT BUILDING BY. EVERYBODY IS TELLING ME.

>>MAYOR HUDSON: CAN I INTERRUPT YOU FOR ONE SECOND.

WERE YOU SWORN IN? >> I RAISED MY HAND ALONG WITH THE REST OF THEM. YOU WEREN'T PAYING ATTENTION.

>>MAYOR HUDSON: OBVIOUSLY I WAS NOT.

I WASN'T LOOKING IN THE OTHER DIRECTION.

>> YOU DIDN'T ASK THE OTHER PEOPLE.

>> I DIDN'T LOOK IN YOUR DIRECTION.

>> WASTED TWO OF MY MINUTES. >>MAYOR HUDSON: SHE WILL GIVE IT BACK. WE WILL RESTART IT.

I APOLOGIZE. >> OKAY.

A LOT OF PEOPLE WHO ARE NOT HERE.

WHEN I FIRST GOT HERE, I THOUGHT THE DECISION WAS ALREADY MADE.

THAT IS THE FIRST PROBLEM I HAD. BECAUSE I DIDN'T GET A LETTER.

I GOT A LETTER A COUPLE OF DAYS AGO EXPLAINING THAT THEY WERE GOING TO HAVE THIS MEETING TODAY.

AND THEN SOMEBODY CALLED ME AND SAID THEY TOOK IT OFF THE AGENDA. SO I WAS ALMOST NOT TO BE HERE.

NOW ACROSS THE STREET WHERE THEY PUD THAT OUT.

HOOD HOUSES. HOOD SAYS THOSE CELL TOWERS ARE HAZARDOUS. AND LET'S SEE -- THIS IS THE HOOD. EVERYBODY KNOWS WHO HOOD IS.

DON'T ASK ME WHERE I GOT THE INFORMATION FROM.

SAYS HAZARDOUS AND A FNUISANCE. THEY ALSO SAY THIS YOUR PROPERTY VALUE GETS LOWERED. YOUR PROPERTY VALUES GO DOWN BUT YOUR TAXES STAY THE SAME. SO WHEN YOUR PROPERTY VALUE GO DOWN AND TAXES STAY THE SAME. HOP IS GAINING FROM THIS.

WHERE IS SHE AT? >>MAYOR: MR. WALKER, ADDRESS US.

>> I AIN'T GOT NO PROBLEM WITH WITH THAT, BUT IF I GOT TO LOSE MONEY AND EVERYBODY AROUND ME IS IN -- IS IN JEOPARDY, THE

[02:35:07]

HEALTH. YOU CAN'T -- THAT AIRPORT HOW IT WORKS. IT WORKS OFF RF AND WE HAVE POWER LINES ALL AROUND THERE. WHERE DOES THE MAGNETIC FIELD.

WHAT IF THE ELECTRIC HITS THAT AND THE TOWER RADIATING AND THEN AFTER A WHILE, 10G. 5 IS JUST THE BEGINNING.

WE WILL START WITH ONE, THEN HAVE 15, 20, 30, AND NOBODY WILL LIVE IN FORT PIERCE. I HAVE A QUESTION.

CAN ANYBODY USE THEIR CELL PHONE NOW?

>>MAYOR: MR. WALKER, YOU ADDRESS US.

>> I AM ASKING BECAUSE THEY ASK THAT OUR CELL PHONES WON'T WORK IF THEY PUT IT THERE. IT WILL WORK.

AS A MATTER OF FACT, HE HAD # 50 FEET IN HIS BACK YARD.

TELL HIM TO PUT IT THERE. TELL THEM TO PUT IT IN THEIR BACK YARD. TELL THEM TO GET A PERMIT AND PUT IT IN THEIR BACK YARD. WHY THEY GOT TO PUT IT IN PEOPLE WHO DON'T HAVE A VOICE. NOBODY IN HERE IS FROM A PROJECT. DIRECTLY ACROSS THE STREET.

DIRECTLY. THOUSANDS OF PEOPLE ARE LIVING THERE. AND BROOKER GARDEN, DIRECTLY ACROSS THE STREET. THOUSANDS -- NONE OF THOSE PEOPLE ARE IN HERE. MOSTLY EVERYBODY IN HERE, HOMEOWNERS, ARE LIKE ME. THEY OWN THE HOME.

PEOPLE WHO TRACK WHERE IT IS GOING TO AFFECT BECAUSE STATISTICS SAY IN FIVE YEARS. AIN'T GOING TO DO THIS YEAR.

YOU WON'T GET SICK THIS YEAR. YOU WON'T GET SICK MAYBE NEXT YEAR. IT DEPENDS ON YOUR HEALTH, BUT THE YEAR AFTER THAT AND THE YEAR AFTER THAT AND THE YEAR AFTER THAT, YOU WILL NEED HEALTH INSURANCE BECAUSE STUFF IS GOING TO BE HAPPENING. THAT 5G AIN'T JUST GOING TO STAY 5G, IT IS GOING UP TO 6, 7, 8, 9, AND INFINITY.

>>MAYOR HUDSON: THANK YOU, SIR. >> I HAVE TWO MORE MINUTES.

>>MAYOR HUDSON: GOOD TRY. THANK YOU VERY MUCH.

>> I HOPE YOU DIDN'T MAKE THE DECISION.

>>MAYOR HUDSON: PLEASE, NEXT. PLEASE, COME FORWARD.

I KNOW WHO YOU ARE, BUT TELL US FOR THE RECORD.

>> PEARL LIVERPOOL, 20006 AVENUEQ, FORT PIERCE, FLORIDA.

BY STAND BEFORE YOU IN OPPOSITION OF THE ERUPTIONY OF THE 5G TOWER OVER NORTHWEST FORT PIERCE.

I HAVE DONE A LOT OF RESEARCH WITH VARIOUS ENTITIES AND ORGANIZATION OF INTEREST, THE ENVIRONMENTAL HEALTH TRUST, THE WORLD HEALTH ORGANIZATION. BUT I ALSO UNDERSTAND THAT THESE MATTERS DON'T SEEM TO BE THE CONCERN OF THE FCC BECAUSE NONE OF THE THINGS THAT WE ARE CONCERNED ABOUT ARE THOSE WE CAN PROVE TO IT BE ABSOLUTELY CORRECT.

I WON'T GET DIRECTLY INTO THE HEALTH PART OF IT, BUT I WILL GET INTO SOME OF THE OTHER ASPECTS OF IT WHICH IS THE PROPERTY VALUES. IT IS DETERMINED BY BOTH ENTITIES THE WORLD HEALTH ORGANIZATION, BY THE ENVIRONMENTAL TRUST, HEALTH TRUST, THE NATIONAL BUSINESS POST, THEY ALL MAY COMMENT LIKE WE THE UNDERTAKE SIGNED RECOMMED A MORATORIUM OF THE 5G FOR TELECOMMUNICATION TO POTENTIAL HAZARDS FOR HUMAN HEALTH AND THE ENVIRONMENT HAVE BEEN FULLY INVESTIGATED BY SCIENTISTS INDEPENDENT FROM INDUSTRY. 5G WILL SUB STAGGS STANUB /* -- SUBSTANTIALLY. CANCER RISK, INCREASE IN GENITAL DAMAGES, STRUCTURAL AND FUNCTIONAL OF THE PRODUCTION SYSTEM -- THE REPRODUCTIVE SYSTEM, LEARNING AND MEMORY DEFICITS AND NEUROLOGICAL DISORDERS.

THOSE ARE ALL OF THE HEALTH THINGS.

AS IT RELATES TO THE AREA WHERE THEY ARE PLANNING TO ERECT IT, PROPERTY VALUES HAVE BEEN TAKEN. HAVE BEEN RAPID.

VALUES WERE BACK IN NOVEMBER WHEN THEY WERE PLANNING TO PUT ANOTHER TOWER IN RIGHT AT ABOUT 191,000 PER HOME.

SELLING WITHIN LESS THAN 30 DAYS.

NOW THE VALUES ARE UP TO 231. EVERYWHERE YOU READ.

EVERY RESOURCE YOU REACH OUT TO LET'S YOU KNOW THAT NOT ONLY WILL YOU EXPECT A DECLARATION OF THE PROPERTY VALUE IN THE EVENT OF THE ERUPTECTION OF THESE BUT APPRAISALS IN THE ASSESSMENT OF THE PROPERTY IN THE IMMEDIATE AREA WILL MAKE IT NOTABLE IN THE OVERALL ASSESSMENT OF THE PROPERTIES.

THESE PROPERTIES ARE BEING FOUGHT IN MUNICIPALITIES ALL OVER THE COUNTRY. I KNOW IT IS NOT AN EASY DECISION TO MAKE. I KNOW YOU ALL CARE.

I KNOW YOU CARE ABOUT THE PEOPLE IN FORT PIERCE.

WE DO NOT WANT TO BE THE GUINEA PIGS OF THIS IDEA.

6 G WILL BE COMING OUT IN FIVE YEARS.

[02:40:01]

WHAT IS GOING TO HAPPEN -- WHAT IS GOING TO HAPPEN THEN? PREDICTED TO COME OUT IN 2030. WHAT HAPPENS WITH 6G.

THEY ARE SAYING THEY CAN'T USE THE ANTENNA FOR 4G AND CONVERT TO 5G TO ACCOMMODATE THE AREA THEY ARE SUPPOSEDLY GOING TO REACH OUT TO. WHAT HAPPENS WITH 6G.

>> MISS LIVERPOOL, YOU WERE SWORN IN?

>> YES. >>MAYOR HUDSON: IF YOU COME UP HERE AND SPEAKING, STATE THAT YOU ARE SWORN IN THEN I WON'T HAVE TO ASK ANYBODY. THANK YOU.

NEXT, PLEASE. >> GOOD EVENING.

FOR THE RECORD, MY NAME IS MARIO WILCOX.

YOU ARE FAMILIAR WITH ME. I APOLOGIZE FOR NONSUIT ATTIRE.

>>MAYOR HUDSON: WERE YOU SWORN IN?

>> I HAVE A BIRTHDAY. >>MAYOR HUDSON: I ASK EVERYBODY -- I ASK EVERYBODY TO STATE AT THE BEGINNING IF THEY HAVE BEEN SWORN IN. I APPRECIATE IT.

>> MADAM MAYOR, YOU KNOW IT HAS BEEN A WHILE.

I CAN FEEL THE LOVE; HOWEVER, I'M HERE TO ALSO SPEAK IN SOME SIGNIFICANCES. I AM A KNOWN PERSON.

I DON'T CHALLENGE THE INDIVIDUALS.

I CHALLENGE THE PROCESS. THE LATE JOHNNIE COCHRAN SAID SOMETIMES YOU HAVE TO PUT THE SYSTEM ON TRIAL, THE MANNER OF WHICH THINGS ARE BEING DONE. THE MANNER I SEE THIS BEING DONE IS A LACK OF CONCERN AND CARE FOR THE SAFETY OF THE PEOPLE.

WHEN YOU WERE ELECTED BY THE PEOPLE FOR THE BETTERMENT FOR THE PEOPLE, I DID NOT SEE -- AND NO CRITICISM HERE, BUT THIS IS THE FACTS. A COMMUNITY FORUM HELD BY THE DISTRICT ONE REPRESENTATIVES. THEY VOTED YOU IN.

TEY PAY YOUR HEALTH SALARY, YOUR BENEFITS, YOUR CLOTHING ALLOWANCE, YOUR CAR ALLOWANCEANCE, YOU HAVE A MORAL AND CIVIL OBLIGATION TO KEEP THE PEOPLE INFORMED AS A LEADER YOU ARE SUPPOSED TO INFORM YOUR PEOPLE.

YOU ARE SUPPOSED TO COMMUNICATE CONSISTENTLY WITH THEM AND NEVER LEAVE THEM UNINFORMED. I HAVE AN ISSUE WITH THAT.

SO NOW WE HAVE PEOPLE WITHOUT A VO VOICE. WE HAVE PEOPLE WITH UNDERLYING HEALTH CONDITIONS THAT THIS COULD EFFECT.

CHILDREN WITH BIRTH DEFECTS. MY PROFESSION -- PART OF MY TRAINING IN THE MELT WAS CHEMICAL, BIOLOGICAL, RADIOLOGICAL AND NUCLEAR. SOMEBODY TELL US THIS DOESN'T CAUSE HEALTH CONDITIONS. I CAN SHOW YOU MY RECORD WHERE SERVICE IS CONNECTED BECAUSE I HAD CANCER ON MY NODULE.

I WILL BE A CANCER SURVIVOR FOR RADIATION.

AND IT WASN'T IMMEDIATELY THAT I CONTRACTED IT.

IT WAS OVER TIME. I WAS FOUR YEARS REMOVED BEFORE IT CAME ON ME. FOUR YEARS REMOVED FROM MY RETIREMENT. SO I KNOW ABOUT THIS.

YOU ALSO HAVE A COMMUNICATION TOWER ON ORANGE AVENUE NOT UP TO PAR. HOW DID THAT GET THERE WITHOUT THE VOICE OF THE PEOPLE? SEE, WHEN I SEE ACROSS THE BOARD IS A BREAKDOWN IN COMMUNICATION AND A COMPLETE DISREGARD OF THE NEEDS OF THE PEOPLE. I'M HERE TODAY TO SHOW YOU, YES, I HAVE BEEN ON A HIATUS, BUT WILCOX IS ALWAYS WATCHING.

YOU BLOCK ME FROM THE E-MAILS, BUT YOU CAN'T BLOCK ME IN PERSON. I GOT YOU WITH THE SITUATION.

AND SHOULD HAVE BEEN HERE AND I HAVE A QUESTION AND ITS ON THE RECORD. RESTORING A VILLAGE -- TIED UP INTO THIS. THANK YOU AND HAVE A BLESSED

DAY. >>MAYOR HUDSON: THANK YOU.

NEXT, PLEASE COME FORWARD. >> I HAVE BEEN SWORN IN.

>>MAYOR HUDSON: THANK YO YOU, DORETHEA.

THANK YOU SO MUCH. >> I AM DORHETHA TISDALE.

I'M HERE TO OPPOSE THIS VERIZON TOWER FROM ME.

I SAW ON THE PRESENTATION DUNBAR STREET AND I NEVER GOT A NOTICE.

I FOUND OUT BECAUSE THEY WERE ON MY STREET.

THE ONLY WAY I KNOW ABOUT THAT. I LOOK TO MY SOUTH, I SEE A

[02:45:04]

TOWER. I LOOK TO MY WEST, I SEE A TOWER. THEN SEEING ANOTHER TOWER.

I LOVE WHERE I LIVE. I DON'T WANT TO SEE ANOTHER TOWER A FEW BLOCKS FROM ME AND I HEARD 348 FEET FROM SOMEBODY'S RESI RESIDENCE? WE HAVE NO OTHER PLACES TO PUT TOWERS OTHER THAN IN A RESIDENTIAL AREA? I LIVE AND BREATHE AIR THERE DAILY. I LOVE WHERE I LIVE.

PLEASE DO NOT VOTE TO APPROVE THIS.

I BOO HAVE COME EARLIER HAD I KNOWN ANYTHING ABOUT IT.

THIS IS MY FIRST KNOWLEDGE OF THIS.

BECAUSE I AM FOLLOWING FIGHT EVERY DAY FOR MY COMMUNITY.

AND WHAT IS HAPPENING NOW IS NOT RIGHT.

IT IS NOT THE RIGHT TIME. IT IS NOT THE RIGHT PLACE.

WE HAVE A LOT OF SENIORS LIVING WHERE I LIVE.

AND I KNOW YOU ALL MAY SAY OUR TIME IS UP, BUT WE WANT TO LIVE ON. AND WE DON'T WANT HEALTH ISSUES -- MORE HEALTH ISSUES THAN WE ALREADY HAVE BECAUSE SOMEONE WANTS TOP PUT A TOWER WHERE WE LIVE AND CONTAMINATE THE AIR THAT WE BREATHE. I THANK YOU SO MUCH MUCH MORE

HEARING ME. >>MAYOR HUDSON: WHO IS NEXT.

>> I WAS SWORN IN. ROSALYN RAINY.

WE OWN PROPERTY THAT IS BUILDERS ON THE EASTST EAST SIDE OF THE PROPOSED SITE. RIGHT THERE ON HIS PROPERTY LINE IS -- IS -- IT BORDERS OURS. WE ARE PROBABLY ONE OF THOSE RESIDENTS THAT OF 300 AND SOMETHING FEET AWAY.

WE DO OPPOSE IT. BECAUSE OF PROPERTY VALUE.

WE -- WE PURCHASED THIS HOME RECENTLY.

AND. THIS NEIGHBORHOOD, THE HOME VALUES ARE RATED LOW. AND IN -- AND THERE ARE A LOT OF THINGS THAT NEED TO BE DONE TO HELP THE CITIZENS OF THE COMMUNITY IN A POSITIVE WAY. AND I FEEL LIKE INSTEAD OF PUTTING SOMETHING IN THAT THAT WILL FURTHER BRING DOWN THE COMMUNITY, I WOULD THINK THAT WE WILL BE MORE INTERESTED IN PUTTING SOMETHING IN THE COMMUNITY THAT WOULD BUILD UP THE COMMUNITY AND BE A BET PLACE.

AS FAR AS RECEPTION OF AVENUE D. WE DON'T HAVE ANY PROBLEMS. HOW I SEE IT, WE ARE PUTTING SOMETHING IN OUR COMMUNITY THAT IS NOT NECESSARILY THERE TO HELP US, IT IS TO HELP OTHERS AND I DON'T FEEL THAT WE SHOULD SUFFER HAVING OUR PROPERTY VALUE DOWN.

PUTTING AN EYESORE IN THE BACK YARD.

I DON'T KNOW ANYTHING ABOUT FEET, BUT 199 FEET.

I HAD TO GET A VISUAL WHAT IT IS GOING TO BE LIKE.

SO I GOOGLED IT IN STORIES. IT WILL BE APPROXIMATELY THE HEIGHT OF A 17-STORY CONDOMINIUM THAT IS RIGHT IN OUR BACK YARD.

INSTEAD OF A BEAUTIFCONDOMINIUMH THAT WE CAN'T TALK ABOUT BUT THE FCC AS IT IS GOOD BEEN OUTDATED FROM THE 1909S, ALMOST 30 YEARS OLD. HAVE BEEN HAVEN'T BEEN UPDATED SINCE THEN AND WE CAN'T TALK ABOUT THAT.

I SAT HERE AND LISTENS TO YOU GUYS TALK OF OTHER PROPOSED THINGS THAT ARE HAPPENING IN FORT PIERCE, AND YOU KEEP SAYING THAT YOU WANT TO HELP IMPROVE THE LIVES OF PEOPLE IN FORT PI PIERCE.

THE RESIDENTS IN THE NEIGHBORHOOD AND I SEE IF YOU APPROVE THIS, YOU ARE NOT HELPING RESIDENTS IN OUR NEIGHBORHOOD. THANK YOU.

>>MAYOR HUDSON: THANK YOU VERY MUCH.

WHO IS NEXT? >>.

I WAS NOT SWORN IN. >>MAYOR HUDSON: YOU NEED TO BE

SWORN IN NOW. >> YES, PLEASE.

>> STATE YOUR NAME. >> CRYSTAL STAN.

>> DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND NOTHING BUT

THE TRUTH. >> GOOD EVENING.

THANK YOU SO MUCH. I AM SORRY, BUT I DO HAVE A SAY SOMETHING ABOUT THIS. NUMBER ONE, I DO AGREE THERE WAS OBVIOUSLY NOT ENOUGH INFORMATION DISTRIBUTED THROUGHOUT THE LINCOLN PARK COMMUNITY AND OTHERS.

BECAUSE IF WE ARE SEEING THIS ROOM NOT FILLED RIGHT HERE.

THIS ROOM IS ALREADY FILLED FOR SOMETHING THAT BECAME PUBLIC

[02:50:04]

INFORMATION AND COMMUNITY MEMBERS, BUSINESS, EVERYBODY HAD AN OPPORTUNITY TO SPEAK. BUT PERPLEXES ME IS THAT THIS PARTICULAR COMMUNITY, THE LINCOLN PARK COMMUNITY, THAT IS EXTREMELY SENSITIVE. A SENSITIVE SUBJECT WHEN YOU LOOK AT IT. WHEN LOOKING AT IT FROM FISCAL, HOOKING AT IT FROM PRODUCTIVITY. LOOKING AT IT FROM LACK OF RESOURCES. FOR ME PERSONALLY I STAND UP RIGHT NOW AND I WOULD LIKE TO OFFER THAT I DO NOT SUPPORT THIS AT THE MOMENT. I THINK IT WILL BE VITALLY IMPORTANT TO HAVE AN OPPORTUNITY OF EDUCATION AND OUTREACH.

THERE HAVE BEEN MANY TEAMS THROUGHOUT THE HISTORY OF OUR CITY WHEN WE HAVE EXPANDED TO MORE BUSINESS DEVELOPMENT.

WE HAD THESE OPPORTUNITIES TO NETWORK WITHIN THE COMMUNITY AND EXPLAIN. THE ONLY OTHER THING I WOULD QUESTION IS I DO KNOW THESE TOWERS ARE AVAILABLE IN OTHER AREAS SUCH AS CONDOMINIUMS AND I CANNOT TURN AROUND AND SAYING A SLIGHTED ISSUE WHEN DEALING WITH DEMOGRAPHICS.

I WILL. THAT COMMUNITY IS UNSERVED.

I SAY THAT, THAT IS THE TRUTH. ON SO MANY LEVELS.

MANY PEOPLE THAT DO NOT HAVE THE ABILITY TO GET OUT OF THEIR AREA AND HAVE THE OPPORTUNITY TO BE SERVED.

IT IS NOT UNDERSERVED IN THAT, BUT UNSERVED WHEN THEY ARE GETTING INTO THE INTRICATE DETAILS OF BEING INVOLVED WITH PEOPLE THAT MAY NOT HAVE THE COGNITIVE ABILITY TO UNDERSTAND WHAT IS BEING SAID. SO THE ONE THING I ASK WITH AN OPPORTUNITY OF EDUCATION WITH FACTS ABOUT HEALTH -- EXCUSE ME.

FACTS ABOUT HEALTH AND WHAT THERE IS TO OFFER.

THANK YOU. >>MAYOR HUDSON: THANK YOU, MA'AM. YES, MA'AM.

MISS MODRY. >> YES, I WAS SWORN IN.

>>MAYOR HUDSON: THANK YOU. STATE YOUR NAME FOR THE WORLD.

>> MARJORIE HAROLD. AVENUE D.

IF YOU HAVE NOT BEEN TO LOOK AT THAT LOT, GO LOOK AT IT.

LOOK AT WHAT WAS THERE THE PILING UP OF GARBAGE THAT CAME FROM THE GOD. ALL THE WORK.

ALL OF THAT IS FROM THERE. ONE OF THE NUMBERS -- AS YOU GO IN, THE FIRST, THE SECOND HOUSE FROM THE CORNER KEPT CALLING THE CITY AND ASKING THEM TO -- JUST JUNK ON TOP OF JUNK ON TOP OF JUNK. AND DOING SOME OF THIS CLEANUP NOW AND HE WANTS -- IT DON'T LOOK LIKE THAT.

SO IF YOU CAN'T GET THERE TOMORROW AND LOOK AT IT.

I HAVE HERE SIGNATURES THAT I WENT OUT AND GOT FROM PEOPLE AND THEY SIGNED. WHITE, BLACK, ALL OF US SIGNED IT. BECAUSE YOU DON'T HAVE HAD YOU DON'T HAVE IT EVERYWHERE. THEY ARE KEEP WANTING TO PUT TOWERS IN OUR COMMUNITY, BUT THEY ARE NOT PUTTING THEM SOMEWHERE ELSE. WHAT WE WANT IS TO PUT IT SOMEWHERE ELSE. PUT IT IN YOUR COMMUNITY AND YOUR COMMUNITY. JUST PUT IT ALL OVER TOWN.

IF IT IS GOOD FOR ONE, IT IS GOOD FOR ALL OF US.

NOBODY IS GOING TO WANT IN THEIR NEIGHBORHOOD BECAUSE IT AIN'T GOING TO BE GOOD FOR NONE OF US. AND I AM GOING TO LEAVE THESE WITH HER BECAUSE I KNOW I AM NOT SUPPOSED TO WALK UP AND BRING

THEM TO YOU IT. >>MAYOR HUDSON: YOU KNOW THE

DRILL. >> I DID THAT BEFORE.

BUT THE MAIN THING THAT I OBJECT -- AND I AM SORRY THAT IT IS THE YOUNG MAN WHO WANT UP ON HIS PROPERTY, BECAUSE HE MAKE MONEY OFF OF IT. LOTS OF MONEY.

BUT I AM SORRY THAT IT IS HIM AND YOU MIGHT HAVE TO SAY NO.

YOU MIGHT SAY YES. BUT IF THEY ARE NOT PUTTING IT IN EVERY COMMUNITY, THEN WHAT ARE THOSE PEOPLE GOING TO DO ABOUT SERVICE? THEY ARE ONLY PUTTING IT IN THE BLACK COMMUNITY, BASICALLY. AND THAT'S WHY EVERYBODY SIGN THESE PAPERS FROM ALL OVER THE CITY THEY SIGNED IT.

I WILL TELL THEM THAT THEY ARE NOT PUTTING THEM IN YOUR NEIGH NEIGHBORHOOD.

TAKE THAT PAPER AND SIGN IT. BECAUSE THEY UNDERSTOOD THAT WE ALL -- WHAT IS GOOD FOR ONE IS GOOD FOR ALL.

AND WE ALL STUCK TOGETHER, Y'A

[02:55:02]

Y'ALL. >>MAYOR HUDSON: THANK YOU, MA'AM. THANK YOU, MA'AM.

WHO IS NEXT? ARE YOU WAITING TO SPEAK BACK THERE? NO? OKAY. SORRY.

SORRY. OKAY.

ANYBODY ELSE WANTING TO SPEAK BEFORE SHE WRAPS IT UP? OKAY. PLEASE COMED FOR.

AND TAKE -- YOU HAVE THREE MINUTES.

FIVE MINUTES. YOU DON'T NEED TO TAKE IT, BUT

YOU GOT FIVE MINUTES. >> I THINK IT IS GOING TO GO THE OTHER WAY. ON THE EAST.

>> THE WAY THE CAMERA IS GOING TO LOOK.

>> FOR THE RECORD, DEBRA MARTAHUE, I JUST WANT TO OFFER

-- IS THE OVERHEAD ON? >>MAYOR: I SEE -- YES.

>> YOU CAN SEE IT? NOBODY ELSE CAN SEE IT THOUGH.

>> IS THAT -- >> CAN YOU GET THE CAMERA, PLEASE. IT'S KIND OF FAINT.

IT IS THE FAA ASR -- >> HOLD ON A MINUTE.

BECAUSE THEY CAN'T SEE IT. CAN YOU ZOOM IN.

>>COMMISSIONER J. JOHNSON: YOU HAVE A ZOOM.

>> FROM THE IPAD. I DON'T HAVE THE ZOOM FEATURE UP HERE. HERE IT COMES.

>> THIS WAS THE BEST I COULD DO. I THINK THE -- THIS -- THIS IS ROUGHLY THE MOO THIS BOUNDARIES OF FORT PIERCE.

AND THOSE RED DOTS WILL HELP TOWERS LOCATED IN FORT PIERCE.

THERE IS A CLUSTER OF THREE NORTH -- KIND OF FAR WOULD BE WITH YOUR LEFT SIDE. YEAH, THERE.

THOSE ARE BROADCAST TOWERS. THE REST THAT ARE SHOWN ARE COMMUNICATION TOWERS. AND YOU CAN SEE THEY ARE PRETTY EVENLY DISPERSED THROUGHOUT THE CITY.

I WOULD LIKE TO DISMISS THE NOTION THAT WE ARE ONLY FOCUSED ON THE NORTHWEST PART OF FORT PIERCE.

AS I MENTIONED EARLIER TWO AIR FIELDS THAT THE FLIGHT PATHS PUSHED DOWN THE TOWERS IN A MORE NORTH AND CENTRAL AREA ON FORT PIERCE. AND THEM CONTINUE SOUTH AS FAR TO THE EAST THAT WE CAN GO. AGAIN, ZONING IS IMPORTANT GENERAL COMMERCIAL DRILL. THE CITY ATTORNEY KNOWS THE DRILL OF HEALTH CONCERNS AND I AM NOT TRYING TO BE DISMISS SIEVE. I KNOW THAT PEOPLE HAVE CONCERNS. AND I DON'T MAKE THE RULES.

THE FCC DOES. WE ARE COMPLIEPT WITH THEM.

WE HAVE STATEMENTS OF NONINTERFERENCE.

STATEMENTS OF COMPLIANCE. WE ARE CERTAINLY AVAIL TO HAVE A TECHNICAL PERSON TALK TO YOU ABOUT 5G IN COMPLIANCE WITH THE FCC IF YOU HAVE QUESTIONS. THE OR THING I HEARD IS PROPERTY VALUES TIED TO HEALTH CONCERNS. THOSE ARE GENERAL AND I ASK THAT -- THAT IS NOT -- I HATE TO USE THE WORD COMPETENT AND SUBSTANTIAL EVIDENCE, THAT HAS JUST NOT BEEN OUR EXPERIENCE AND THIS PROPERTY HAS BEEN ZONED COMMERCIAL I DON'T KNOW HOW LONG. WE DIDN'T ZONE IT COMMERCIAL AND FUTURE LAND USE HAD A RESIDENTIAL ECONOMICS TO THAT TYPE OF USE. SO I'M HERE FOR QUESTIONS.

IF YOU HAVE TECHNICAL QUESTIONS SPECIFICALLY ABOUT 5G IF YOU THINK THAT WILL HELP SOME CONCERNS.

I JUST WANT TO MENTION -- WAS IT THE COMMUNITY OUTREACH.

I TRIED TO CATCH EVERYBODY'S NAME.

AND ADDRESSES. SENT OUT 57 LETTERS FROM DIRECTLY EAST OF OUR SITE. SEVERAL BLOCKS TO THE NEXT MAJOR STREET. I THINK IT WAS 29TH.

AND SO FROM 31ST TO 29TH AVENUE D DOWN TO THE CANAL, WE CAPTURED 57 RESIDENTS. AND WE HAVE A RECORD OF SENDING TO JESSIE WALKER THREE LETTERS. HE DIDN'T GET THEM IN.

WE MAILED THEM OUT. GAVE A AT OF MAILING.

WE INCLUDED OUTREACH. NO ONE CALLED US.

ONE PERSON CALLED US LEFT A VOICEMAIL.

WE CALLED. THEY NEVER GOT WITH US.

SITE PLAN. DESCRIBED THE PROJECT.

WE OFFERED TO MEET AT THE LIBRARY.

NOBODY REACHED OUT. WE ARE HAPPY IF IT WOULD HELP TO DO THAT. IF THAT IS THE WISH OF THE COMMISSION. TECHNICAL QUESTIONS.

ANY MORE QUESTIONS FOR ME. >>COMMISSIONER GAINES: CLARIFY,

THE -- >> THOSE ARE BROADCAST TOWERS.

SO I DIDN'T COUNT THOSE. >>COMMISSIONER CURTIS JOHNSON:

YOU AY BROADCAST. >> TV BROADCAST.

NOT COMMUNICATION, NOT WIRELESS COMMUNICATION.

[03:00:01]

THOSE ARE TOTALLY DIFFERENT. DON'T MIX AND MATCH.

>>COMMISSIONER CURTIS JOHNSON: THAT IS TV.

YOU PROVIDED THIS HEAT MAP OF THIS HERE.

THIS IS SOME INFORMATION WHAT IS 4 OR 5 G RIGHT NOW WHAT I AM

SEEING ON THE SCREEN. >> I WILL HAVE OUR TECHNICAL ENGINEER COME UP AND TRY TO GIVE YOU INFORMATION WHAT IS IN FORT PIERCE. GAINESVILL

. >>COMMISSIONER CURTIS JOHNSON:

THANK YOU. >> I AM HARLAN ADAMS FROM SAINT MARTIN, HIGHLANDS, HARDEE, BASICALLY A CERTAIN SEGMENT OF FLORIDA. CERTAIN COUNTIES.

I HEARD A LOT OF CONCERNS -- >>MAYOR HUDSON: HE ASKED A QUESTION. ARE YOU GOING TO ANSWER HIS

QUESTION. >> I AM GOING TO ANSWER THE QUESTION. DO YOU WANT THE ANSWER NOW.

>> NOW. >> WHAT IS YOUR QUESTION AGAIN.

>>COMMISSIONER CURTIS JOHNSON: I AM TRYING TO GET AN UNDERSTANDING OF THESE DOTS THAT RECOMMEND CELL TOWERS.

I THINK. HOLD ON, BE CAREFUL --

>> DEBRA MARTAHUE. A MAP FROM THE DATABASE THAT SHOW THE TOWERS THAT EXIST THAT ARE CONSTRUCTED WITHIN THE

LIMITS OF FORT PIERCE. >>COMMISSIONER CURTIS JOHNSON: CELL TOWERS. I AM JUST TRYING.

>> I UNDERSTAND. SORRY.

>>COMMISSIONER CURTIS JOHNSON: I AM TRYING TO GET A SENSE OF WHAT TYPE OF TOWERS ARE HERE. FOUR OR FIVE.

IF YOU DON'T KNOW, THAT IS FINE. DON'T TESTIFY TO SOMETHING THAT YOU ARE NOT 100% SURE BECAUSE THIS IS A TESTIMONY.

>> THESE TOWERS -- I MEAN, I AM HEARING 5G TOWERS.

A LOT OF 4G AND 5G TOWERS, RIGHT.

THIS AREA WHERE WE ARE BUILDING -- THIS TOWER IN PARTICULAR.

I AM ACTUALLY GOING AHEAD OF WHAT I WANTED TO STAY WITH REGARDS TO THE MAJOR CONCERNS, WHICH THE FOLKS IN LINCOLN PARK HAS. LET ME WRAP UP WITH 5G, 4G.

WE ARE NOT PARTICULARLY 5G SITES.

THERE ARE 5G SITES BUT MAKE IT 4G, REGULAR TRANSMISSION.

5G ANTENNAS ON THE TOWERS. 4-G ANTENNAS.

I DIDN'T GO TO THE MAP THAT DEBRA IS SHOWING BUT I AM SURE QUITE CERTAIN THAT 5G IS CO-MINGLED ON THE TOWER.

IF I MAY SAY TECHNOLOGY DOES NOT DISCRIMINATE.

I AM HEARING THAT WE ARE TARGETING THIS PARTICULAR AREA TO BUILD THIS STRUCTURE. 5G AND 4G ON THIS TOWER.

OVER IN LONGBOAT KEY. I AM SURE YOU HEARD OF LONGBOAT KEY. A VERY EXCLUSIVE AREA IN TAMPA WERE BUILT 5G SITES. A BIT SMALLER SITES.

WE HAVE APPROVAL TO BUILD THOSE SITES.

THEY ARE BUILT, CONSTRUCTED. DOWN IN BOCA, THOSE SITES, 5G SITES. SMALL CELLS WE CALL THEM ARE BUILT IN BOCA. DOWN IN MIAMI, SOUTH BEACH, THEY ARE BUILT DOWN THERE. SO BASICALLY TECHNOLOGY IS -- IS -- AS I SAID NONDISCRIMINATING. IT IS EVERYWHERE.

I AM NOT SURE ABOUT THE POLITICS BEHIND LYNN CAN PARK.

I FEEL THE PAIN IF IT IS NOT SERVED.

BUT THE GENTLEMAN WHO HAD INTERANTENNAED US AND MADE CONVENIENT FOR THE SITE TO BE BUILT, OF COURSE, IT IS NOT FOR FREE. BUT IT IS SERVING THE COMMUNITY, OKAY. SOMEBODY MENTIONED THEY HAVE SIGNAL ON THEIR PHONES, YES. BUT AS IT GOES RIGHT NOW, THE CAPACITY, RIGHT, MEANING THE SIGNAL COMING IN IS NOT GOING TO BE ENOUGH WHEN YOU HAVE A LOT OF -- SCREECHING AND CRACKLING ON THE PHONE AND CALLS DROP, THAT MEANS THE CAPACITY NEEDS TO BE EXPANDED, OKAY. ANTENNA SIGNALS NEED TO COME IN SO THOSE SIGNALS, THOSE USERS -- USERS INTERFACE WE CALL THEM.

USER ELEMENT BE ADDRESSED, BE SERVED SO YOU ARE NOT PAYING VERIZON MONEY FOR NONSERVICE, OK

OKAY. >>MAYOR HUDSON: CAN I INTERRUPT YOU JUST A SECOND. BECAUSE YOU ONLY HAVE FIVE MINUTES FOR YOUR WHOLE THING. I WANT TO MAKE SURE.

ANYBODY ELSE -- >>COMMISSIONER CURTIS JOHNSON:

[03:05:02]

I AM GOOD ON MY QUESTION. I HEARD SOMETHING AND I AM GOOD.

>>MAYOR HUDSON: YOU NEED ANYTHING?

COMMISSIONER GAINES. >>COMMISSIONER GAINES: ONE QUICK QUESTION. I JUST HEARD SOMETHING ABOUT

THIS 5G, 4G. >>MAYOR HUDSON: TIME IS UP? LAST QUESTION AND THEN YOUR TIME IS UP.

>>COMMISSIONER GAINES: WE JUST DEALT WITH THIS SITUATION ON ANOTHER TOWER. AND THAT ONE, IF I REMEMBER RIGHT, YOU COULDN'T MIX 5G AND 4G.

YOU CAN'T CHANGE THOSE TOWERS. I AM TRYING TO FIGURE OUT IF WE ALREADY HAVE -- YOU ARE SAYING IT IS BOTH.

IF WE HAVE TOWERS ALREADY ESTABLISHED ON -- I THINK THAT IS -- ORANGE AVENUE. WHY CAN'T WE NEXT THOSE TOWERS TO TO ACHIEF WHAT HIGH TEMPERATURE TRYING TO ACHIEVE?

>> WE ARE BEING 5G ON TOP OF 4G AS WELL.

THOSE SITES YOU MENTIONED, RIGHT.

WE HAVE -- WE HAVE PROJECTS RIGHT NOW BUILDING 5G SITES WITH 5G ANTENNAS, MODIFICATIONS. ADDING THE 5G ANTENNAS TO ENTERTAIN THE 5G CUSTOMERS. THE NEW TECHNOLOGY.

THEY ARE BELT. WE ARE NOT DISCRIMINATING AND NOT SAYING THAT WE ARE NOT GOING TO BUILD IT.

A 5G SITE. >>COMMISSIONER GAINES: THAT IS NOT WHAT I AM ASKING. I AM ASKING YOU ALREADY HAVE EXISTING TOWERS IN THE AREA. WHY CAN'T WE UPGRADE THOSE TOWERS IN THE AREA N INSTEAD OF BRINGING A BRAND-NEW TOWER IN

THIS AREA IN THE SAME AREA? >> BECAUSE OF THE CAPACITY.

THE CAPACITY. THERE IS --

>>MAYOR HUDSON: QUICKLY, YOU ARE OVER WHY YOU ARE TIME.

>> THOSE SITES ARE NOT WITHIN THE SEARCH AREA TO PROVIDE ADEQUATE SIGNAL. WE HAVE TO HAVE AN ADEQUATE SIGNAL PROVIDED WITHIN THAT PARTICULAR AREA.

YOU UNDERSTAND WHAT I AM SAYING. >>COMMISSIONER GAINES: I GOT YOU. THEY ARE IN THE SAME AREA, BUT

OKAY. >>MAYOR HUDSON: THANK YOU VERY MUCH. WE ARE CLOSING THIS OUT.

>> CAN I GIVE THE SEARCH AREA MAP TO THE CLERK.

THERE IS A QUESTION -- A QUESTION I AM RESPOND.

HE ASKED ABOUT TOWERS. I THINK I SHOULD ENTER THAT INTO

THE RECORD. >>MAYOR HUDSON: THAT IS ALREADY IN THE RECORD. THAT MAP IS ALREADY IN THE RECORD, BUT YOU CAN GIVE IT TO THE SERGEANT-AT-ARMS AND THEY WILL GIVE IT TO US. THANK YOU VERY MUCH.

>> I WAS GOING TO SAY SOMETHING BUT IT HAS ALREADY BEEN

ADDRESSED. >>MAYOR HUDSON: I WANT TO MAKE SURE THIS IS FAIR BECAUSE IT IS QUASI-JUDICIAL.

>> YES, MA'AM. >>MAYOR HUDSON: THIS IS NOW CLOSED OUT. WE ARE BACK TO THE COMMISSION.

37 YOU HAVE BEEN VERY PATIENT AND I APPRECIATE IT.

I HAVE BEEN VERY PATIENT TOO. >>OMMISSIONER BRODERICK: MADAM CHAIR, CAN WE ADDRESS QUESTIONS BACK TO STAFF AT THIS TIME AS WELL? OR CAN WE HAVE THE PHOTO ON THE

SCREEN CHANGED. >>MAYOR HUDSON: COULD YOU

CHANGE THE PHOTO ON THE SCREEN. >>COMMISSIONER BRODERICK: THE PHOTO INDICATED THE DIFFERENCE TO THE NEAREST RESIDENTIAL STRUCTURE. ACTUALLY THIS IS FINE.

SO, AS I WAS ALLOWING TO EARLIER.

I MET WITH THE DEVELOPER OF THIS SITE, I WENT TO THE SITE.

SO I HAVE SEEN THE PHYSICAL CONTINUES OF THE SITE, A FIVE-ACRE TRACK. GIVE OR TAKE FIVE ACRES.

I WAS INFORMED SPECIFICALLY THAT THE SITE WAS GOING TO BE DEVELOPED AS AN RV, BOAT STORAGE FACILITY RETAINING WALLS SURROUNDING THE PROPERTY. CONCRETE WALLS.

AND THE WHOLE PACKAGE. MY THOUGHT PROCESS CREATING A MAN MADE BUFFER BECAUSE USING FOR STAR RAJ IN ESSENCE.

OF THAT WAS NOT THE SITE PLAN BROUGHT TODAY THE ONLY ITEM BROUGHT HERE WAS THE CONSTRUCTION OF THE TOWER.

THE FACTUAL THAT 320 FEET AWAY FROM THE NEAREST HOUSE.

240 FEET AWAY FROM THE NEAREST RESIDENTIAL PROPERTY.

WHAT ABOUT THE FIVE ACRES THAT IT IS SITTING ON THAT THIS PROPOSED TOWER IS SITTING ON. WHY CAN'T A SITE PLAN BE BROUGHT IN TO BUILD 150 CONDOS HERE BECAUSE THAT PACKAGE WAS PROPOSED TO BE ONE DEVELOPMENT SCHEME.

ITS OWN BUFFERING. ITS OWN SURROUNDING WALLS.

[03:10:05]

THE INFORMATION PROVIDED HERE MAY BE TRUE TODAY, BUT WHAT MAKES ME BELIEVE THAT THE FIVE-ACRE TRACK IN THE DENSEST PART OF THE CITY AND GROWTH CONTINUES IN THAT DIRECTION IS NOT GOING TO BE DEVELOPED INTO SOME SCHEME THAT IS NOT EVEN A CLOSE RESEMBLANCE WHAT WAS REPRESENTED TO ME.

I HAVE MY CONCERNS THAT THESE NUMBERS HOLD ANY TYPE OF LEGITIMACY. THEY MAY RIGHT NOW AND NEXT WEEK THAT COULD CHANGE. I AM SOMEWHAT DISTRESSED ABOUT THAT FROM A POSITION THAT THIS IS THE.

AND THE PACKAGE FROM THE CITY FOR THIS MEETING THAT NONE OF THAT WAS CONTAINED IN THIS. I WAS A BIT SHOCKED WHEN THE PRESENTATION CAME FORWARD. NONE OF THESE FEATURES EXISTED.

MY CONCERN THAT THE NUMBERS BEING PRESENTED WITH.

WELL, THAT IS TODAY. SO I HAVE -- I HAVE SOME VERY

SERIOUS RESERVATIONS. >>MAYOR HUDSON: PLEASE, IF YOU WANT TO HAVE CONVERSATIONS, TAKE THEM OUT INTO THE LOBBY, PLEASE.

>>COMMISSIONER BRODERICK: I AM GIVING YOU A HISTORICAL PERSPECTIVE ON WHAT I HAVE BEEN THROUGH WITH THIS PROJECT.

NOT JUST ONE CONVERSATION. THIS WAS MULTIPLE CONVERSATIONS AND AN ON-SITE MEETING. I AM SOMEWHAT DISTRESSED THAT THE REPRESENTATIONS MADE ARE NOT PRESENTED HERE TONIGHT.

THAT'S ALL I GOT. >>MAYOR HUDSON: COMMISSIONER

GAINES. >>COMMISSIONER GAINES: I AM

READY TO MAKE A MOTION. >>MAYOR HUDSON: ANY MORE

DISCUSSION TO BE HAVE. >>COMMISSIONER CURTIS JOHNSON: I WILL MAKE A COMMENT, MADAM MAYOR BEFORE COMMISSIONER GAINES GETS STARTED. COMMISSIONER BRODERICK, I -- I AM PERPLEXED THAT YOU SAW THAT. BECAUSE I DID NOT SEE THAT.

RIGHT. I MADE A VISIT TO THE SITE.

I WALKED THE SITE. I LOOKED AT IT FROM A SAFETY CONCERN AND I AM GLAD THE CITIZENS HAVE VOICED THEIR CONCERNS TONIGHT. IT IS GREAT ALWAYS TO HEAR THE PEOPLE OF FORT PIERCE SPEAK UP H HERE. YOU KNOW, THIS IS NO STRANGER.

WE HAVE BEEN DOWN THIS ROAD BEFORE.

AND I AM STILL PERPLEXED. THE NOTIFICATION.

I MUST ADDRESS IT BECAUSE YOU BROUGHT IT TO ME.

OUR NOTIFICATION TO USE THE MAIL SYSTEM.

THAT IS APT QUITTED BUT THE OFFICIAL CONSTITUTIONAL WAY WE NOTIFY PEOPLE. I DON'T KNOW WHERE THAT THOUGHT LIES RATHER THAN ON THE MAIL SYSTEM.

THE MAIL SYSTEM IS CONVOLUTED, COMPLEX, AND IN A LOT OF CASES MESSED UP. I CAN SAY SOME OTHER WORDS, BUT IT IS MESSED UP. BUT I AM REALLY MORE CONCERNED IN THE RADIUS OF BASICALLY A COUPLE OF PHLOX.

PEOPLE THAT I KNOW LIVE THERE DID NOT GET THIS NOTIFICATION.

PEOPLE THAT I KNOW GO CHECK THEIR MAIL.

SO THAT IS OF CONCERN TO ME. BUT I ALSO, YOU KNOW, WANT TO SAY THAT I WANT TO THANK THOSE THAT PICKED UP THE PHONE AND CALL. I WANT TO THANK THOSE WHO LEFT MESSAGES. THEY WERE RECEIVED.

AND A LOT OF CASES. I HAVE TAKEN APPOINTMENTS RIGHT ACROSS THE STREET AT THE COMMUNITY COLLEGE.

I AM THERE BY APPOINTMENT. NOBODY MADE AN APPOINTMENT TO COME SEE ME ABOUT THIS FROM THE COMMUNITY.

I UNDERSTAND YOU SAY YOU DON'T KNOW, BUT OFFICE HOURS ARE CONSISTENT WITH ME AND MOST OF YOU KNOW HOW TO GET A HOLD OF ME. SO I -- I WELCOME THE COMMENTS THAT WERE RELAYED TONIGHT. THANK YOU.

BUT UNDERSTAND, TOO, THAT AS THIS SEAT RIGHT NOW, THE QUASI-JUDICIAL IS TO LOOK AT THE PREPONDERANCE OF EVIDENCE PRESENTED. WITH THAT I WILL TURN IT BACK TO YOU, MADAM MAYOR AND COMMISSIONER GAINES.

>>COMMISSIONER J. JOHNSON: MADAM MAYOR, BEFORE WE GET INTO THAT.

A COUPLE OF COMMENTS. THE TIMINGS THAT WE HAVE REVIEWED THESE. INVOLVING A RESIDENTIAL COMPONENT OF PROXIMITY OR FUTURE DEVELOPMENT.

I DIDN'T HAVE THAT ADVANTAGE, COMMISSIONER.

I DIDN'T GET A CHANCE TO WALK THE SITE.

I AM GLAD DID. TO TALK ABOUT -- AND HAVE THIS CONVERSATION ABOUT FUTURE PLANS OF THE SITE, BUT BEING THIS IS A CONDITIONAL USE, I WOULD THINK AT SOME POINT WE WILL SAY IF YOU ARE GOING TO DEVELOP THE DIET, YOU NEED TO CHANGE YOUR POLE OUT, TAKE IT AWAY IF IT IS APPROVED.

THIS IS ALL HYPOTHETICAL. THIS IS ME THINKING OUT LOUD WITH -- WITH ALL OF YOU BECAUSE I AM NOT ALLOWED TO CALL YOU ON THE PHONE AS WE ALL KNOW. THE SECOND THING IS THE ACTUAL

[03:15:04]

ZONING OF THE PARCEL. PREVIOUS APPLICATIONS WE HAD CHALLENGES BECAUSE OF RESIDENTIAL ZONING.

AND IN THIS CASE, WE ARE GENERAL COMMERCIAL -- IS IT C-3? SO GUILT BACK TO -- THE DEMAND FOR DATA.

CONVERSATION WITHIN THIS CHAMBER OR A CONVERSATION IN THE UNITED STATES OR A CONVERSATION IN THE WORLD AND THERE IS A LOT OF DATA AND A LOT OF INFORMATION. NO PUN INTENDED BUT A PUN IN THERE I GUESS ABOUT DATA. THE DEMAND OF INDIVIDUALS WITH EVERY -- 85%. I LOOKED IT UP ON GOOGLE.

LIKE 85%. 280 MILLION PEOPLE ARE CELL PHONES. SO WHAT ARE WE DOING IF WE ARE DROPPING CALLS. I ASKED SPECIFICALLY ABOUT EMERGENCY SERVICE APPLICATIONS, BACK-UP POWER SERVICES, WE HAVE A DEMAND FOR DATA. WE HAVE A DEMAND FOR CELL PHONE CONNECTION. I LOOKED HERE ONE BAR AND TWO BA BARS.

I LOOKED IT UP THE LAST TIME I HAD A MEETING.

LESS THAN A HALF A MILE. POINT 3 MILES OF A COUPLE OF ANTENNAS. NEAR MY RESIDENCE.

LOOKING AT A MAP EARLIER PROVIDED TO US HERE SO IF NOT THIS STYLE OF APPLICATION, WHAT IS IT? THAT IS MY LITERAL QUESTION. I DON'T KNOW WHAT IT IS.

I AM NOT THE DESIGN ENGINEER TESTIFYING TONIGHT ABOUT CELL PHONE CONNECTION. U.S. SUPREME COURTS AND SEC HAVE GONE ROUND AND ROUND WITH THEIR RULINGS AND HOW WE ARE NOT SUPPOSED TO TALK ABOUT THOSE THINGS AS FAR AS THE COURTS ARE WITH REGARD TO, SO WE CAN'T TALK ABOUT HEALTH EVEN THOUGH A UNDERLYING CONVERSATION. PROBABLY THE BIGGEST PART OF IT, BUT THAT'S OKAY. WE CAN'T RULE ON THAT HERE AS MISS ATTORNEY -- AS MISS EARLEY HAVE GIVEN THAT IN PREVIOUS DISCUSSIONS. THAT IS THE TRUTH.

AND COURT RECORDS. SO WHAT DO WE DO? WE ARE LOOKING INTO OUR ZONING DISTRICT AND WE LOOK AT OUR ZONING REGULATIONS. AND WE HAVE TO BE VERY ARTICULATE. IN HOW WE APPROVE OR DENY APPLICATIONS. IT HAS TO BE VERY PINPOINTED.

VERY STRATEGIC AND IT HAS TO BE VERY PINPOINTED TO THE RULES AND PROCEDURES OF CHAPTER 125 OF THE CITY PLANNING AND ZONING CODE.

OR LAND DEVELOPMENT CODE. SO HOWEVER WE GET THERE, I AM OKAY WITH. BUT, I MEAN, IF IT IS NOT A COMMERCIAL DISTRICT, I'M NOT SURE WHERE ELSE IT GOES.

THAT IS WHERE I AM. THAT'S MY CONVERSATION.

THANK YOU. >>MAYOR HUDSON: COMMISSIONER

GAINES. >>COMMISSIONER GAINES: BASED ON EVERYTHING I JUST HEARD MADAM MAYOR, I AM SITTING HERE PERPLEXED. OKAY, WE RECENTLY DENIED THE CELL PHONE TOWER BASED ON PROXIMITY TO RESIDENTS.

THAT IS WHAT WE USED. NOW I AM SITTING HERE READING 325 FEET AWAY FROM THE NEAREST HOUSE.

320 FEET TO THEIR DOOR? LITTLE FURTHER?

>> CLOSER THAN. >>MAYOR HUDSON: NO.

IT. THESE ARE RHETORICAL QUESTIONS.

>>COMMISSIONER GAINES: THAT IS WHAT WE USE, PROXIMITY TO RESIDENTS, THE LAST TIME THIS CAME BEFORE US.

NOW I AM HEARING EVERYTHING ELSE 37 I AM SAYING 328 FEET AND I'M SAYING 248 FEET. I HAVE A PROBLEM WITH THAT.

WE JUST -- WE JUST USED IT THE LAST TIME WE ADDRESSED THIS ISSUE. PEOPLE WERE COMING OUT THEIR FRONT DOOR LOOKING AT A CELL TOWER.

IT WAS THERE. WHAT IS THE DIFFERENCE NOW, BECAUSE IT IS A COMMERCIAL PROPERTY? ZONED FOR A COMMERCIAL PROPERTY? I GET THAT -- I GET THAT TECHNICAL; HOWEVER, NUMBER TWO, 328 FEET FROM THE NEAREST HOUSE.

IF I DON'T WANT TO LIVE THERE. SO EITHER WE ARE GOING TO BE CONSISTENT AS A BOARD OR WE ARE NOT.

THAT IS THE PROBLEM I AM HAVING RIGHT NOW BECAUSE I AM HEARING EVERYTHING ELSE. COMMISSIONER BRODERICK, I DIDN'T SEE THE OTHER PLANS. I HAVE NO IDEA WHAT YOU ARE

[03:20:02]

TALKING ABOUT. I DIDN'T SEE THEM.

>>COMMISSIONER BRODERICK: JUST FOR CLARIFICATION, NOT A PHYSICAL PLAN. A PERSON-TO-PERSON MEETING WITH A DETAILED DESCRIPTION OF WHAT WAS GOING TO BE DEVELOPED.

>>COMMISSIONER GAINES: THIS IS A HEARING.

I AM PUTTING IT ON THE RECORD. I HAVE I DON'T IDEA WHAT YOU ARE TALKING ABOUT. I AM JUST BEING HONEST WITH YOU.

BUT I CAN READ 328 FEET. THAT IS MY HANG-UP RIGHT NOW.

MADAM MAYOR, I WILL MAKE A MOTION TO DENY THIS PROCESS BASED ON MY VIEW THAT 328 FEET PROXIMITY TO A RESIDENCE IS NOT WHAT I SEE AND NOT WHAT WE ARE LOOKING FOR TO DO THE CELL PHONE

TOWERS. >>MAYOR HUDSON: IS THERE A

SECOND? >>COMMISSIONER BRODERICK: SEC SECOND.

>>MAYOR HUDSON: ANY MORE DISCUSSION?

>> MADAM MAYOR, BEFORE THERE IS MORE DISCUSSION, I WOULD LIKE TO PUT THIS ON THE RECORD. THE CITY COMMISSION PREVIOUSLY DENIED A TOWER IN A SEPARATE LOCATION.

A NUMBER OF FACTOR IN ADDITION TO NEAR PROXIMITY.

THE COURTS HAVE BEEN VERY STRICT IN ALLOWING THAT TO A BE A CRITERIA. AS A MATTER OF FACT, THEY USUALLY REJECT THAT AS THE SOLE CRITERIA THAT IT IS GOING IN A RESIDENTIAL AREA IN PROXIMITY TO RESIDENTIAL PROPERTY.

I WOULD ENCOURAGE THE COMMISSION TO DISCUSS OTHER FACTORS, AND, YOU KNOW, YOU MAY WANT TO AMEND YOUR MOTION.

I AM JUST GOING TO PUT THAT OUT THERE.

>>COMMISSIONER GAINES: MADAM ATTORNEY, THANK YOU FOR THAT.

I WILL REMOVE MY MOTION AND LET SOMEBODY ELSE MAKE A MOTION.

I KNOW WHERE I STAND. >>MAYOR HUDSON: THAT WAS MY MEMORY TOO. I APPRECIATE YOU CLARIFYING THAT. AND I ALSO HAVE TO SAY THIS FOR THE RECORD, WE ARE -- THE FEDERAL GOVERNMENT IS BENDING OVER INCREASE COMMUNICATION THAT W WAY. THEY WANT TO SERVE UNDERSERVED AREAS AND I JUST WANT TO MAKE SURE THAT YOU KNOW THAT IN YOUR GOVERNMENT, YOUR FEDERAL GOVERNMENT, THIS IS NOT THE CITY, BUT THE FEDERAL GOVERNMENT, THEY THINK THEY ARE DOING SOMETHING GOOD FOR YOU BY DOING THIS.

SO IF -- IF I KNOW THAT -- AND I THINK WHEN WE TALK ABOUT THE OTHER LOCATION, WE TALKED ABOUT A LOCATION THAT WAS IN A COMMERCIAL AREA NEAR ANGEL ROAD MIGHT BE BETTER SUITED.

I WOULD LIKE TO POINT THAT OUT TO THE COMMISSION THAT WE HAVE TO BE VERY CAREFUL IF WE ARE GOING TO DENY THIS, WE NEED TO HAVE SOMETHING THAT WILL WITHSTAND THE CHALLENGE.

GLAD TO HEAR FROM MY FELLOW COMMISSIONERS.

>>COMMISSIONER BRODERICK: COMMISSIONER, YOU LOOK LIKE YOU ARE HAVING A COMPELLING THOUGHT HERE.

>>COMMISSIONER CURTIS JOHNSON: COMMISSIONER GAINES HAS BROUGHT UP A POINT LOOKING SPECIFICALLY AT THE CODE.

AND I AM TRYING TO LOOK AT THAT MADAM MAYOR.

IT IS MORE THAN THAT ONE SESSION SO I AM QUICKLY REVIEWING THIS

TO MAKE SURE. >>COMMISSIONER J. JOHNSON: THE OTHER APPLICATION -- THERE IT IS.

A CHALLENGE IN OUR CODE SECTION, 125, 361 WHICH -- THE TITLE IS ANTENNA SUPPORT STRUCTURE. VERY SPECIFIC PARTS AND PIECE OF THAT APPLICATION AND THAT TESTIMONY THAT EVENING THAT WERE NOT PROVIDED. THERE ARE MANY PARTS OF IT THAT WERE NOT PROVIDED TONIGHT THAT HAVE BEEN PROVIDED.

SOME OF THEM HAVE BEEN PROVIDED SUCH AS LANDSCAPING AND BUFFERING. SO THOSE ARE -- THOSE ARE THE CHALLENGES. AND IN ADDITION TO COMMENTS OF THE CODE, I BELIEVE, IT TALKS ABOUT -- TRYING TO FIND IT.

[03:25:06]

THE SITE IMPROVEMENTS, SPECIFICALLY RELATED TO THE NATURE OF ITS USES. MAYBE THE RESIDENTIAL PROXIMITY

OR AESTHETIC VALUE. >>AYOR HUDSON: SOMETHING ABOUT

TREES. >>COMMISSIONER J. JOHNSON: TREES ON THE PROPERTY. ENVIRONMENTAL CONDITIONS, STORMWATER. AND I THINK I SAW IN THE APPLICATION TONIGHT, STORMWATER ELEMENTS, WHICH WE TALKED ABOUT A LOT OF STORMWATER TONIGHT, BUT THAT WAS PART OF THE APPLICATION THAT WAS NOT PROVIDED IN THE PREVIOUS.

THAT IS WHAT I RECALL BECAUSE I WAS THE MOTION MAKER THAT EVENING. SO -- BUT IT WAS A WHOLE LIST OF ITEMS. AND SPECIFICALLY THE ZONING USE OF THE PROPERTY. THIS ONE IS DIFFERENT BECAUSE IT IS COMMERCIAL ZONING USE. AND -- WE TRY TO DO OUR BEST.

I THINK AS A PLANNING AND LAND DEVELOPMENT AGENCY AT PARADING THOSE B BUFFERS BETWEEN THE RESIDENTIAL, THE MULTIFAMILY, AS IT TRANSITIONS INTO THE ARTERIAL ROADWAYS INTO OUR COMMERCIAL DISTRICTS. WE WORK VERY HARD AT THAT, I KNOW, IN OUR LAND DEVELOPMENT CODE.

AND I DON'T KNOW -- WELL, I KNOW A LOT OF THINGS TO SAY, BUT I DON'T WANT TO WASTE TIME. I AM JUST MAKING THOSE COMMENTS.

>>COMMISSIONER BRODERICK: COMMISSIONER JOHNSON, THE ONLY THING -- MY ONLY RESPONSE TO THAT WOULD BE, I SEE WHERE YOU ARE GOING WITH THAT THOUGHT. AND I WAS AT THAT THOUGHT PROCESS BEFORE I WALKED IN THE DOOR HERE TONIGHT.

BY THE VERY NATURE OF THE DEVELOPMENT THEY ARE PROPOSING TO DO FOR ME, THE ONLY ONE COMMUNICATED THIS -- THIS VIS VISION.

WE WERE CREATING BUFFERS AND CREATING SPACE.

CREATING WALLS, CREATING LANDSCAPE BUFFERING, ETC.

A WHOLE PACKAGE OF IMPROVEMENTS SIMPLY NOT HERE NOW.

WE APPROVE THE AS PICKETY OF IT AND THE SECOND PHASE IS TO LOOK AT CHANGE OF ZONING FOR RESIDENTIAL USES IN THEORY TO HIGH DENSITY RESIDENTIAL. SOMETHING ALONG THOSE LINES WHICH WAS CLEARLY NOT THE INTENT OF WHAT HAD THE DEVELOPMENT SCHEME WAS WHEN IT WAS PROVIDED TO ME.

THEREFORE, I QUESTION ALL OF THE INFORMATION THAT HAS BEEN PROVIDED TO ME IN THIS APPLICATION TONIGHT AS BEING LEGITIMATE TODAY, YES. LEGITIMATE TOMORROW, WE DON'T KNOW. SIMPLY BECAUSE SEVERAL WEEKS AGO IT WAS A COMPLETELY DIFFERENT SCHEME THAN WE ARE BEING PROVIDED NOW. THOSE ARE MY CONCERNS AND RESERVATIONS. THAT IS WHY I WILL NOT SUPPORT THIS APPLICATION WITHOUT AN OVERALL SCREAM FOR THE ENTIRE PROPERTY THAT WILL BE BROUGHT BACK HERE AND POTENTIALLY REVISITED. I AM NOT SURE WHAT THE DECISION WILL BE AT THAT TIME AND MY THOUGHT PROCESS ON IT.

BUT CLEARLY THE INFORMATION I WAS GIVEN WAS NOT REFLECTED IN THIS APPLICATION. THAT IS WHERE I AM COMING FROM FROM THIS. I UNDERSTAND YOU ARE DIGESTING THAT. I AM SAYING THIS MEETING SPECIFICALLY TOOK PLACE AND THIS IS WHAT I WAS TOLD WAS GOING TO BE THE CASE. I LOOKED UPON THIS AS, OKAY, WLL, WE ARE CREATING BREAK. AND CREATING AN OPEN SPACE FOR -- FOR AN AREA, FIVE ACRES OF LAND POTENTIALLY THAT ARE GOING TO BE NOT REALLY -- IT IS NOT GOING TO BE USED FOR RESIDENTIAL DEVELOPMENT. THE ENTIRE -- NOW I DON'T KNOW.

I DON'T KNOW WHAT THE BALANCE IS GOING TO BE.

THAT MOI NOT BE FROM MI MISS EARLEY'S PERSPECTIVE, THE ACHILLE'S TO THE ENTIRE DISCUSSION, BUT FROM MY

PERSPECTIVE, IT IS IMPORTANT. >> MADAM MAYOR ARE, IF I MAY, I WANT TO MAKE IT CLEAR. IT IS NOT -- IT IS NOT APPROPRIATE FOR ME TO TAKE A POSITION.

I'M NOT TAKING A POSITIN WHAT I WANT TO MAKE SURE WHATEVER DECISION THE COMMISSION MAKES IS SUPPORTED, AND SO I AM ENCOURAGING YOU TO ARTICULATE YOUR REASON BEYOND WHAT WAS STATED IN THE MOTION. I AM NOT SAYING THAT THOSE CONCERNS ARE NOT VALID BUT I WANTED THE COMMISSION TO BE AWARE OF THE OUTSTANDING CASE LAW THAT ADDRESSES PROXIMITY TO RESIDENTIAL PROPERTY I AM NOT SAYING YOU EXPECT GIVE OTHER REASONS. I AM NOT SAYING THAT CAN'T BE CONSIDERED IN CONJUNCTION WITH OTHER REASONS.

>> IS IT POSSIBLE TO ASK FOR A DEFERRAL.

I AM HEARING A LOT OF MISINFORMATION AND GIVE US A CHANCE TO TALK TO THE COMMUNITY AND CLEAR SOME ITEMS UP.

>>MAYOR HUDSON: A DEFERRAL. LET ME ASK -- MISS EARLEY.

>> THERE WAS A MOTION AND SECOND.

[03:30:01]

WAS THE MOTION FORMALLY WITHDRAWN? JOHN JOHNSON WITHDRAW THE MOTION.

>> SO IT IS WITHIN THE ABILITY OF THE COMMISSION TO CONTINUE THE QUASI JUDICIAL HEARING. BUT CLEARLY THE APPLICANT HAS ASKED FOR THAT BUT UP FOR THE COMMISSION TO DETERMINE WHETHER OR NOT YOU WANT TO MAKE THAT MOTION.

>>MAYOR HUDSON: I KNOW THAT IN THE PAST WE HAVE WANTED TO DO THAT RARELY, BUT IT DOESN'T MEAN THAT WE CAN'T DO IT NOW.

>>COMMISSIONER J. JOHNSON: MADAM MAYOR -- IT IS ABOUT PRECEDENCE, BUT ALSO INFORMING THE PUBLIC. SOME PEOPLE WHO CAME UP AND GAVE SWORN TESTIMONY WAS LOOKING FOR THE COMMUNICATION ELEMENT.

THE EDUCATION ELEMENT POSSIBLY. AND THE APPLICANT HAS JUST SAID FOR A DEFERRAL. SO -- IT COULD BE BENEFICIAL AND MIGHT NOT BE. BUT I AM OKAY WITH THAT.

>>MAYOR HUDSON: WE HAVE TO COME TO A DECISION.

WE HAVE A LOT OF WORK TO DO TONIGHT.

>>COMMISSIONER GAINES: MADAM MAYOR, I MAKE A MOTION THAT WE GRANT THE DEFERRAL REQUEST FROM THE APPLICANT ON THIS -- ON IN

QUASI-JUDICIAL HEARING. >> ARE WE GOING TO CONTINUE THAT

TO A DATE CERTAIN, COMMISSIONER. >>COMMISSIONER CURTIS JOHNSON:

YOU GOT TO HAVE A DATE CERTAIN. >>COMMISSIONER J. JOHNSON: WE

SHOULD. >>COMMISSIONER GAINES: I AM TRYING TO REMEMBER WHAT WE DID LAST TIME.

>> LAST TIME SET IT OUT 30 OR # 0 DAYS.

>>MAYOR HUDSON: 30 DAYS. >> 45 DAYS.

>>COMMISSIONER GAINES: WITH THE TIME LIMIT OF 45 DAYS OF COMING

BACK IN FRONT OF US. >> SECOND.

>> 45 -- WE NEED TO KNOW WHEN THE -- THE ACTUAL DATE IS.

>>MAYOR HUDSON: THE NEAREST MEETING.

RIGHT. >>COMMISSIONER J. JOHNSON: THE FIRST OF JUNE, YOU WILL HAVE TO DO IT WITHOUT ME.

>>COMMISSIONER CURTIS JOHNSON: NO MORE MISSING MEETINGS.

COUNCIL VACATIONS. >>COMMISSIONER J. JOHNSON:

SECOND ONE IN SIX YEARS. >>COMMISSIONER CURTIS JOHNSON:

I AM JUST MISSING WITH YOU. >> IT WILL BE FIRST OF JUNE.

IF WE CAN DO THE SECOND MEETING IN JUNE WILL BE JUNE 19.

>> NO, THAT'S A HOLIDAY. >> IT WILL BE JUNE 20, SORRY.

TUESDAY, JUNE 20. >>COMMISSIONER CURTIS JOHNSON:

DATE CERTAIN. >>COMMISSIONER GAINES: I EXPECT BE HERE JUNE 1 EITHER. JUNE 20.

>>COMMISSIONER CURTIS JOHNSON: I WILL SECOND WITH COMMENT.

SECOND WITH COMMENT, AND I WOULD REALLY ENCOURAGE -- THERE IS A PUBLIC LIBRARY ACROSS THAT STREET.

I EXPECT THAT THE APPLICANT TO GO BEYOND TO NOTIFY THE PUBLIC THAT YOU ARE GOING TO BE THERE WITH VISIBILITY SIGNS AND FLYERS AND OTHER INFORMATION TO MAKE SURE.

WE WENT DOWN THIS PATH ONCE BEFORE AND WE SET THAT OPPORTUNITY AND IT WAS NOT FOLLOWED THROUGH.

SO EVERYBODY IS GOING TO BE PAYING ATTENTION TO IT.

THAT IS MY COMMENT. THANK YOU.

>>MAYOR HUDSON: ALL RIGHTY. READY TO VOTE.

>> MOTION TO POSTPONE TO JUNE 20.

>>COMMISSIONER BRODERICK: YES. >>COMMISSIONER GAINES: YES,

MA'AM. >>COMMISSIONER CURTIS JOHNSON:

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

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

THANK YOU VERY MUCH. >> OKAY, SO NEXT ITEM IS A

[n. Legislative Hearing - Ordinance 23-026, Amending Chapter 26, Article II, Noise, Section 26-40 Sound Level Limitations, to restrict noise volume citywide. SECOND READING]

LEGISLATIVE HEARING ON ORDINANCE 23-026.

ORDINANCE BY THE CITY COMMISSION AND THE CITY OF FORT PIERCE AMENDING THE CODE OF ORDINANCES CHAPTER 26, ARTICLE 2, NOISE, CLARIFYING -- AMENDING AND CLARIFYING SECTION 26-38 SUBSECTIONS C, MAXIMUM PERMISSIBLE SOUND LEVEL BY USE OCCUPANCY. AMENDING AND CLARIFYING 26-40, SOUND LEVEL IMITATIONS. TABLE ONE.

PROVIDING FOR SEVERABILITY CLAUSE AND ORDINANCES AND PARTS CONFLICT PROVIDING FOR AN EFFECTIVE DATE.

THIS IS THE SECOND READING. >>MAYOR HUDSON: THIS IS THE SECOND READING. STAFF, DO YOU HAVE THE

PRESENTATION. >> IT WAS THE PRESENTATION PRESENTED AT THE FIRST READING, I CAN GO THROUGH IT.

>> YOU WILL NEED TO PULL YOUR MICR

MICROPHONE. >>MAYOR HUDSON: I DON'T THINK WE NEED TO HAVE THE PRESENTATION DO YOU AT THIS TIME OF NIGHT.

THE SECOND READING. COMMISSIONERS MY INTENT IS TO GO RIGHT INTO PUBLIC COMMENT. ANY OBJECTION TO THAT? ANYBODY WANT TO HAVE A CONVERSATION BEFORE WE DO THAT?

[03:35:05]

>>COMMISSIONER BRODERICK: JUST ONE COMMENT MADAM MAYOR.

I MOTIONED TO HAVE THIS MEETING TO THE SECOND READING.

COMMISSIONER C. JOHNSON TO BE THERE ON THAT DISCUSSION.

SO I THOUGHT -- INSTEAD OF GOING THROUGH THE WHOLE ADVERTISING AND RECONSTITUTION OF THIS SPEED UP THE PROCESS. TO KIND O- I THINK THAT IS PRIMARILY THE REASON WE ARE AT THE SECOND READING BECAUSE I THINK THIS WOULD HAVE BEEN DISPATCHED AT THE FIRST READING BUT COMMISSIONER C. JOHNSON, HIS INPUT IS CRITICALLY IMPORTANT. THAT IS THE REASON WE ARE AT

WERE WE ARE AT. >>COMMISSIONER CURTIS JOHNSON: THANK YOU, COMMISSIONER BRODERICK.

>>COMMISSIONER BRODERICK: WE MISSED YOU THAT DAY.

>>MAYOR HUDSON: VOTED TO MOVE THIS TO SECOND READING NOT NECESSARILY BECAUSE WE SUPPORTED WHAT WAS IN IT.

WE TRIED TO GET TO SECOND READING BECAUSE THIS HAS TAKEN A LONG TIME TO COME AND WE WANTED TO HAVE A FULL COMMISSION AND WE WANTED COMMISSIONER C. JOHNSON TO BE PART OF THAT.

>>COMMISSIONER CURTIS JOHNSON: THANK YOU, MADAM MAYOR.

I WATCHED THE PREVIOUS MEETING AND I AM UP TO SPEED.

>>COMMISSIONER GAINES: 30 SECONDS LEFT, MADAM MAYOR.

I NEED TO SAY THIS BEFORE -- BEFORE WE HAVE THIS PUBLIC HEARING AND I KNOW EVERYBODY HAS WAITED FOR THIS.

BUT COMMISSIONERS, I WENT BACK AND REVIEW ED REVIEWED THIS WHO.

WE STARTED THIS WHOLE PROCESS TO GET US HERE TONIGHT ABOUT REMOVING AMPLIFIED VERSUS ACOUSTIC.

IN ONE PART OF THE CITY. THAT IS WHAT WE WERE TASK TO DO TO SEE IF WE WERE GOING TO DO ACOUSTIC TO AMPLIFIED.

RIGHT. CITYWIDE VERSUS REDUCTION.

MY SUGGESTION AND THEY MIGHT GET MAD BECAUSE THEY HAVE BEEN HERE ALL NIGHT. WE NEED TO GO BACK TO FOCUS ON WHAT WE STARTED. ACOUSTIC OR AMPLIFIED.

WE HAVE A NOTICE. WE HAVE A AUDIENCE -- WE HAVE A GHOIS ORDINANCE. WE HAVE NOTICE TO REGULATE THE NOISE ORDINANCE. THE ONLY WAY IT CAME ABOUT BECAUSE OF THE LEGISLATIVE HEA HEARING. I MADE COMMENT AND SAID G CUT IT TO 55. THAT IS WHERE THE 55 CAME FROM.

>>MAYOR HUDSON: I MEAN, THEY HAVE BEEN HERE ALL NIGHT.

AND I KNOW -- I KNOW WHERE YOU ARE GOING BECAUSE WE ARE -- WE ARE ALL -- I WANT TO HEAR WHAT THEY HAVE TO SAY.

AND I THINK THAT THEY HAVE BEEN HERE ALL NIGHT.

[APPLAUSE] I KNOW YOU DO TOO.

>>COMMISSIONER GAINES: FOR THE RECORD, I WANT TO HEAR WHAT THEY HAVE TO SAY TOO, BUT I HAVE READ THE E-MAILS AND I KNOW WHAT THEY WANT TO SAY. THEY DON'T WANT IT LOWERED.

THAT IS WHAT THEY ARE ABOUT TO SAY.

>>COMMISSIONER BRODERICK: I HAVE ONE OTHER PIECE OF TO THAT

DISCUSSION. >>MAYOR HUDSON: LADIES AND GENTLEMEN, WHEN WE TALK, WE TALK.

WHEN YOU TALK, YOU TALK. OKAY.

SEPARATION. THANK YOU.

>>COMMISSIONER BRODERICK: IT WASN'T A MATTER OF AMPLIFIED VERSUS ACOUSTIC. THIS WAS GEOGRAPHIC ALLY SPECIFC TO A DISTINCTIVE AREA THE CITY. THE ONLY ONE TO HAVE ZONING REQUIREMENTS THAT EDGAR TOWN HAS.

NO OTHER PLACE IN THE CITY THAT HAVE THESE ENVIRONMENTS.

THAT WAS THE REASON AND THE ESSENCE OF THE DISCUSSION.

AMPLIFIED VERSUS NONAMPLIFIED WAS IDENTIFIED SAYING LOOK YOU HAVE 800-SQUARE-FOOT EXTERIOR ENTERTAINMENT IN EDGAR TOWN.

IF YOU DON'T HAVE THAT R-1, 2, 3, 4.

HE HAD GARTOWN IS THE ONLY CITY TO HAVE IT.

WE LOST SIGHT OF THE FACT THAT THIS IS A ZONING ISSUE MORE THAN ANYTHING ELSE. AND NEED TO COME BACK TO THE SPECIFIC ZONING QUESTION AS TO HOW TO DEAL WITH THAT.

I BELIEVE THAT THE HE HADGUARD GARTOWN ORDINANCE HOW IT IS WRITTEN. THAT WAS THE ESSENCE OF THIS.

>>MAYOR HUDSON: SPEAKER NUMBER 1.

THIS IS A PUBLIC HEARING. >>MAYOR HUDSON: NOBODY NEEDS TO BE SWORN IN, ALL KNOW I EXPECT YOU TO TELL THE TRUTH, OKAY.

[03:40:02]

[LAUGHTER] STATE YOUR NAME AND DRESS AND YOU HAVE THREE MINUTES AND YOU HAVE A THREE-SECOND WARNING.

>> GEORGIA ANDREWS ARE. GOOD EVENING, MADAM MAYOR, COMMISSIONERS. I WAS JOKING IN THE BACK.

I SAID KEVIN BACON FROM "FOOT LOOSE." BECAUSE MUSIC HERE. TO STATE THE FACTS ON THE THREE MINUTES. THIS NOISE ORDINANCE IS VICH WITH ALLY IMPOSSIBLE. NORMAL CONVERSATION AT 83.8 DECIBELS. LITCHFIELD, CRAFT MARKET AND EXCEEDS 60 MODESTO I BELLS. RIVER WALK CENTER OR DOWNTOWN.

NORMAL TRAFFIC EXCEED THIS DECIBEL LIMIT.

DEFEATS THEIR WHOLE PROGRESS THAT I HAVE SEEN HAPPEN OVER THE LAST 35 TO 40 YEARS OF MY LIFE. I CAM BACK FROM LOS ANGELES, YOU CAN'T COMBINE -- PEOPLE WILL STILL WANT TO BE INSIDE. THEY WANT TO BE OUTSIDE ENJOYING THE SITES. ENJOYING WHAT THIS TOWN IS BASED OFF OF GREAT HISTORY, GREAT ENVIRONMENT.

THAT IS WHAT WE HAVE ALWAYS BEEN.

TO PUT A LOWER DECIBEL ORDINANCE ON THE SOUND IS RESTRICTING ALL THAT. NOT JUST THE LAST 25 YEARS BUT 50 YEARS. IT IS NOT FEASIBLE TO ENFORCE IT. FOR THIS ORDINANCE SPECIFICALLY.

LIKE I SAID, IT ATTRACTS PEOPLE TO INVEST IN OUR COMMUNITY.

THIS ACTION IS JUST LIKE MOVING NEXT TO THE AIRPORT OR THE PORT.

THEN TRYING TO CLOSE DOWN THE AIRPORT OR THE PORT.

TAMPA IT DOESN'T MAKE ANY SENSE. THAT'S PRETTY MUCH ALL I HAVE TO SAY IN SHORT. THIS WHOLE TOWN IS BASED OFF OF HISTORY, AUTHENTICITY. AND NOT TO MENTION THE FACT I HAD OVER 100 ARTISTS THAT I SUPPORT AT CHUCK'S SEAFOOD STRICTLY OVER THE LAST YEAR. ALL OF THEM WILL BE OUT OF BUSINESS. TALENT THAT WE WILL BE SILENCING. AND I DON'T THINK THAT IS RIGHT.

THANK YOU. >>MAYOR HUDSON: THANK YOU, MOM MA'AM.

>>MAYOR HUDSON: SO, LADIES AND GENTLEMEN, I REALLY -- THE RULES OF THE HOUSE IS YOU DON'T APPLAUD.

I SORT OF LET IT GO, BUT PLEASE DON'T APPLAUD.

YOU WILL MAKE OUR NIGHT LONGER AND I WANT TO HEAR YOU.

OKAY. YES, SIR.

>> 2305 ATLANTIC BEACH BOULEVARD.

I WILL GO SUPER QUICK AND I APPRECIATE EVERYBODY SHOWING UP TONIGHT. I AM SO GRATEFUL FOR THAT.

>>MAYOR HUDSON: AND STAYING. >> THIS WAS A GOOD ONE.

SO I AM GOING TO THANK THEM AND I AM GOING TO THANK THE COMMISSIONERS AS WELL AND I KNOW YOU WILL MAKE THE RIGHT DECISION TONIGHT ON THIS ISSUE. THE LAST THING I WANT TO SAY, THIS SATURDAY, ACTUALLY AT THE DOWNTOWN FORT PIERCE FARMER'S MARKET WE WILL HAVE A BAND PLAYING MUSIC AT APPROXIMATELY 80 DECIBELS. A GREAT BAND.

ONE OF THE BEST CALLED L LIVE BAIT.

[LAUGHTER] I WOULD LIKE FOR YOU TO SPEND SOME MONEY AND SEE US AND HAVE A GREAT TIME.

>>MAYOR HUDSON: NEXT. LET'S KEEP MOVING.

I KNOW YOU HAVE SOMETHING TO SAY MISS PEARL.

>> MY HAT IS OFF TO EVERY SINGLE ONE OF YOU.

I NEVER SAT THIS LONG IN MY ENTIRE LIFE.

NO JOKE. NOTIONS AND POSITIONS.

116TH NORTH SECOND STREET. WE WORKED VERY HARD TO MAKE FORT PIERCE A DESTINATION AND FINALLY GET THERE.

THE CITY TOOK YEARS TO FIND THE BEST DEVELOPER FOR THE PROJECT IN EDGARTOWN MAKING SURE WE DID NOT LOSE OUR CHARM.

LOWERING THE DECIBELS AND MAKING IT CITYWIDE WILL NO DOUBT AFFECT THAT.

IN. I KNOW THAT 5 DECIBELS MAY NOT MAKE A DIFFERENCE, BUT FIVE TO TEN DECIBELS CAN BE QUITE A DIFFERENCE. AS A DESTINATION, PEOPLE COME HERE FOR THE LIVE MUSIC, THE RESTAURANTS, AND EVERYTHING WE HAVE TO OFFER. SHOPPING.

HOW IS THIS GOING TO KING'S LANDING? HOW IS IT GOING TO EFFECT THE BARS AND RESTAURANTS? I KNOW THAT KING'S LANDING IS THIS FAR NEED GARTOWN.

IT IS THAT CLOSE. SO I KNOW THAT THERE ARE EXEMPTIONS WITH PERMITS THAT EXCLUDE THEM FROM THE ORDINANCE.

BUT BUSINESSES CAN ONLY PULL SIX PERMITS A YEAR.

SO WHAT THIS GOING TO MEAN FOR FRIDAY FEST THAT THEY PULLED 12

[03:45:02]

-- I MEAN THEY ARE OUT THERE, 12 MARKETS.

THE FARMER'S MARKET THAT DOES 52 MARKETS A YEAR.

SMALL VENUES ARE -- WHEN APPROXIMATELY 80 TO 100 DECIBELS. THERE IS A DIFFERENCE BETWEEN AN ANNOYING NEIGHBOR BLASTING THEIR MUSIC AND A BUSINESS PROVIDING LIVE MUSIC FOR THEIR CUSTOMERS TO ENJOY.

I THINK MIXED USE SHOULD BE DIFFERENT THAN THE RESIDENTIAL COMM COMMUNITY.

PALM BEACH COUNTY ACTUALLY BREAKS IT DOWN.

LIKE IN THE AREA OF CITY PLACE. BOUNDARIES APPLY TO AS THEY BREAK IT DOWN. AND THE SOUND LEVEL LIMITS, SPECIAL ENTERTAINMENT DISTRICTS AND IN SECTION 34-37 AND IT LOOKS LIKE THEY ARE RUNNING AT 75 TO # 0 DECIBELS AND 100 FEET.

MARTIN COUNTY 65 DECIBELS AND 100 FEET.

WHY ARE WE GOING TO 355 WHEN WE WANT TO BECOME A DESTINATION? THAT'S ALL I GOT. HAVE A GOOD NIGHT.

>>MAYOR HUDSON: WHO IS NEXT. >> GOOD EVENING, EVERYONE.

HELLO. HI, MY NAME IS KRISTEN.

I WOULD LIKE TO TALK TO YOU FOR A MOMENT.

I OBVIOUSLY HAVE BEEN IN VIDEO. EMPLOYED WITH TREASURE AND SPACE COAST RADIO FOR NINE YEARS. ON A LEVEL OF LITTLE BIT CONCERNING, I AM A LITTLE BIT PERPLEXED.

90 IS A MOTORCYCLE. WE HAVE 70 AT A VACUUM CLEANER.

NOW WHEN WE TALK ABOUT THAT, I CAN TALK ABOUT THE FACT THERE IS A GREAT CLUB CALLED THE KELSEY CLUB IN LAKE PARK DOWN SOUTH THAT HAS GONE THROUGH THIS AND FIRST DEGREED OUT THE ADJUSTMENTS. WE LOOK AT EDGAR TOWN AND THE HISTORY OF OUR CITY VERSUS THE BEGINNING AND REDEVELOPMENT WHAT IS COMING IN, THERE HAS TO BE SOME TYPE OF COMMITMENT TO MOVE FORWARD WITH CHANGE. THAT HAS TO BE VALUABLE.

THAT HAS TO BE HEARD. AND CANNOT OVERFLOW INTO OTHER PARTS TO CREATE A BIGGER SMORGASBORD WITH ALL RESPECT.

VITALLY IMPORTANT THAT WE ARE TAKING INTO CONSIDERATION THAT YOU HAVE A PACKED ROOM FULL OF VERY CONCERNED PEOPLE HERE THAT ARE LOCALS, THAT ARE BUSINESSMEN, THAT HAVE VERY CONCERNED ABOUT THE FUTURE. WE HAVE MUSICIANS.

WE HAVE ART. A LOT THAT IS CONSISTENT HERE ABOUT THE LIFE AND LIFESTYLE AND THE FUTURE OF FORT PIERCE.

NOW LET'S TAKE THAT AWAY AND TALK ABOUT PROFILING.

LET'S TALK ABOUT ME GOING INTO LINCOLN PARK BEING IN CONNECTION WITH THE CITY AND NOW SOMEBODY BEING ABLE TO SAY THAT THERE IS A NOISE ORDINANCE. NOW, WE HAVE THE POTENTIAL FOR OUR LAW ENFORCEMENT FINDING THEMSELVES IN PERPLEXING SITUATIONS BASED ON NOISE. I ASK OF YOU TO BE SPECIFIC IN WHAT YOU ARE CHOOSING AND TO BE UNDERSTANDING AND THOUGHTFUL IN CONSIDERATION OF WHAT IT IS THAT YOU ARE LOOKING TO EXPLORE.

THANK YOU. >> FISHERMAN'S WHARF.

ONE OF BUSINESSES WITH A LIVE BUSINESSMEN EWE.

FIVE DECIBELS MAKE A HUGE DIFFERENCE.

WE WON'T BE ABLE TO ENTERTAIN OUR CUSTOMERS AS WELL AS WE NEED TO. I WOULDN'T BE ABLE TO EMPLOY AS MANY PEOPLE IF I HAVE TO LIMIT MY MUSIC. PI WOULDN'T HAVE VENDG ME FOOD. WHAT ARE WE TRYING TO ELIMINATE WITH THE NOISE ORDINANCE. HOW ABOUT MARCHING BANDS AT SCHOOLS, FOOTBALL PLAYERS AND CHEERLEADERS.

I DON'T KNOW WHERE WE ARE GOING WITH THIS BUT THE BOTTOM LINE IS WE ARE MOVING FORWARD WITH FORT PIERCE AND LIVE MUSIC WILL BE A PART OF IT. THESE PEOPLE ARE WHAT MAKES A DIFFE DIFFERENCE.

>> I LIVE 1803 SOUTH 28TH STREET.

THE REASON I RECENTLY MOVED MY RESIDENCE AND BUSINESS TO THIS CITY IS BECAUSE I SAW IT AS A FORWARD-LOOKING TOWN.

NOT NARROWLY FOCUSED AND CLOSED MINDED AS SEVERAL SURROUNDING AREAS. PEOPLE ARE GOING TO DIE OFF.

AND NOT AN ISSUE. YOU WILL BE IN OFFICE OR OUT OF OFFICE AND YOU ARE THE ONES LEFT WITH THE DESOLATE CRIME RIDDEN

[03:50:03]

CITY BECAUSE OF A ORDINANCE LIKE THIS.

ELIMINATES A WHOLE LOT OF LIFE FOR PEOPLE.

AND HOW IS IT -- SO FEW ARE CONSIDERED TO TAKE AWAY FREEDOMS OF WORK AND LIFE OF SO MANY. I JUST DON'T GET IT.

AND BY THE WAY, BY YOUR PROPOSED ORDINANCE, YOU HAVE RECEIVED.

AND TICKET FOR ROUTE SPEAKERS WHILE YOU ARE HAVING THIS MEETING TONIGHT. THANK YOU.

>>MAYOR HUDSON: THANK YOU, SIR. >> JOHN MALI.

TAKING MY PIER SIDER HAT OFF BECAUSE THAT IS THE NEXT ONE WE WILL BE TALKING ABOUT. ON THIS ONE, AS YOU SAID, YOU DO KNOW WHAT EVERYBODY IS GOING TO SAY.

MIGHT AS WELL WANT TO LISTEN TO THEM, YOU KNOW, AND VOTE THE RIGHT WAY. LOWERING THE -- LOWERING THE CITY'S OVERALL IS PRETTY TOUGH. AGAIN SEAWAY DRIVE.

ON THE EDGE IS BASICALLY ACROSS THE STREET FROM ME DOWN A LITTLE BIT. ACCORDING TO THIS, YOU MAY WANT TO CONSIDER RAISING IT. EVEN IF SOMEONE IS WHISPERING INTO A MICROPHONE OVER THERE AND CHECKING AT THE PROPERTY LINE AND TRAFFIC GOING BY, YOU ARE GOING TO FLAG THEM.

IT DOESN'T MATTER. SO RAISING IT IS DEFINITELY THE WAY IT GOES CITYWIDE. EDGAR TOWN WILL BE A DIFFERENT SITUATION. REALLY A PROBLEM FOR YOU GUYS TO CONTROL AS A WHOLE. THE OTHER ONE IS -- TRAINING STAFF ON THAT. IF YOU START JUST ENFORCING 60, YOU ARE GOING TO SEE -- YOU ARE GOING TO SEE WHAT -- LIKE YOU SAID BEFORE YOU EVEN LOWER IT, YOU TRY ABOUT WHAT YOU GOT AND THEN YOU REALIZE THAT YOU HAVE TO HIRE IT.

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

>> GREG WELLING. >> WAIT UNTIL YOU TO THE

MICROPHONE. >> 5264 BLEACH BLANKET CIRCLE.

KNOWING THAT I WAS GOING TO BE HERE, I PICKED UP A COUPLE OF THESE IF ANYONE WANTS TO BORROW ONE SO YOU CAN TRACK YOURSELF.

IF WE HAD TO STOP THIS MEETING, EVERY TIME WE WENT OVER 55, YOU WOULD HAVE BEEN FAR LONGER AND MORE PAINFUL THAN IT IS ALREADY

BEEN. >>MAYOR HUDSON: MAY BE SHORTER.

>> SO AMBIENT NOISE IS BASICALLY 50.

IN HERE WATCHING THIS DURING THE PROCEEDINGS, 45 WAS THE LOWEST FROM MOST OF THIS. IN THE 60S - AND I WOULD NOT CONSIDER THIS TO BE A LOUD, RAUCOUS, PARTICULARLY FUN -- YOU NKNOW HAPPENING.

WHAT WE ARE TRYING TO ENCOURAGE THE LIVE MUSIC, THE ENTERTAINMENT. THE SENSE OF JOY.

THE OPENING PRAYER AND PROVERBS. THE JOYFUL NOISE.

YOU NK KNOW MUSIC DRAWS PEOPLE O FORT PIERCE.

IF THIS GOES INTO NEGLECT -- STUART BUMPED THEIR UP TO 80.

I SAW MORE IN STUART THAN I DO IN FORT PIERCE.

I LIVE IN FORT PIERCE, AND THIS IS WHERE -- AGAIN, COMMUNITY.

WHERE COMMUNITY BASED ON ENTERTAINMENT.

AND 55. THAT -- THAT IS RATHER STRICT

FOR AN OLD FOR EXAMPLE HOME. >> I AM 17 YEARS OLD.

I LIVED IN FORT PIERCE SINCE I WAS 10.

SO LIVE MUSIC HAS ALWAYS BEEN A BIG PART OF FORT PIERCE.

I HATE TO SAY IT BUT A LOT OF PEOPLE IN THE ROOM GRANDPARENTS AND PARENTS. AND THEY ARE MAKING GREAT POINTS. MUSIC IS SOMETHING THAT WE TRY TO TEACH AT SCHOOL AND MOST OF THE TIME COMES WITH RESTAURANTS, LIVE MUSIC. ONE OF MY FAVORITE BANDS.

LOVE IT. I LISTEN TO IT ALL THE TIME.

I AM NOT GOING TO BE ABLE TO HEAR HIM PLAY MUCH.

I HEARD HIM AT THE MARKET AND THE FIRST TIME IN MONTHS.

THAT IS A BIG DEAL FOR ME. I LOVE SEEING LIVE MUSIC AND NOT

[03:55:03]

A LOT OF PEOPLE HAVE THE MONEY TO GO SEE LIVE CONCERTS.

LIVE MUSIC IS A BIG PART OF MY EVERYDAY LIFE.

AND THIS IS SOMETHING THAT I DON'T THINK A LOT OF PEOPLE.

AND IT IS A BIG DEAL. THANK YOU.

>> LYDIA WILD, 1111 DAMON AVENUE.

I FEEL LIKE A YEAR WE HAVE SEEN YOU GUYS AND TALKED OF THE WHOLE NOISE ORDINANCE. AND BEING A BARTENDER UP HERE AND BARTENDER AT TIPSY. PART OF THE CAREER.

WHEN YOU TAKE AWAY MUSIC, YOU TAKE AWAY MY CAREER AND THE FUTURE FOR MY CHILD THAT JUST SP SPOKE. NOT A JOKE TO SAY GO TO 55.

YOU ARE JOKING WITH PEOPLE'S LIVES AND CAREERS.

HOPEFULLY GO FORWARD. RAISE THE NOISE ORDINANCE LEVEL AND I WILL BE BACK FOR THE NEXT ISS

ISSUE. >> ELOISE HAZELWOOD.

I'M HERE TO OFFER THE NOISE LEVEL TO 55 DECIBELS.

THE PURPOSE OF THE CITY ORDINANCE TO PROTECT HEALTH AND SAFETY OF THE COMMUNITY. THE GOOD OF THE WHOLE.

THE POWER POINT PRESENTED NEAR APRIL 3 HAD A LISTING OF 34 POSSIBLE NOISE COMPLAINTS INVESTIGATED BY THE PD.

THE MAJORITY WAS LISTED AS DISTURBING FOR THE ENTIRE YEAR.

AND ALTERCATIONS, DOMESTIC CONCERNS OR PERCEIVED LOUD NOISE. OF THE 34 COMPLAINTS, ONE IS A DUPLICATE COMPLAINT WITHIN 30 MINUTES OF THE OFFICIAL.

SO REALLY 33 COMPLAINTS. REVERSE THE PRESENTATION.

USING THE SAME NUMBERS. THERE ARE 322 CALENDAR DAY FOR YEAR 2022 WITH NO COMPLAINTS RECEIVED OF LOUD NOISE.

I AM SURE ANY LOCAL ENFORCEMENT. CODE ENFORCEMENT WILL AGREE THAT HAVING 322 DAYS COMPLAINT-FREE IS WONDERFUL.

IN ADDITION TO THE POLICE COMPARISON OF NOISE ORDINANCE WAS GIVEN, IT ALSO SHOWED THAT THE CURRENT LEVEL RESTRICTIONS IN FORT PIERCE ARE IN LINE WITH THE COMPARISON COMMUNITIES AND ACTUALLY LOWER. AS THEY EXIST.

THE INFORMATION PRESENTED WAS PRESUMABLY TO SHOW SUPPORT FOR ORDINANCE, AND DOES THE OPPOSITE.

322 DAYS COMPLAINT-FREE SHOULD BE CELEBRATED.

IT YOU NOT NEED TO RAISE A RED FLAG IN THE COMMUNITY ABOUT SAFETY OR CONCERNS. FORT PIERCE RELIES HEAVILY ON TOURISM FOR THE ECONOMY. LOCAL ENTERTAINMENT VENUES ARE AN IMPORTANT PART OF THE LOCAL ECONOMY AND LOCAL VIBE.

I IMPLORE YOU TO WEIGH HEAVILY THE REPERCUSSIONS TO THE COMMUNITY, THE LIVELIHOOD OF THE COMMUNITIES THAT DEPEND ON BUSINESS. WE ARE BUILDING HOTELS, CONDOS, RESTAURANTS ALL COINCIDE WITH THE BEACH VIBE.

ATTRACTS TOURISTS TO VENTURE OUT AND SPEND MONEY TO SUPPORT THE ECONOMY. THE DOES NOT TAKE INTO ACCOUNT THE LOSS OF REVENUE NOR DOES IT TAKE THE ACCOUNT OF NUMBER HOURS THAT HAVE A DIRECT FISCAL IMPACT.

IN SUMMARY, IF LIVE MUSIC IS NO LONGER PERMITTED OUTSIDE OF FOUR WALLS OR DURING A CITY-SPONSORED EVENT, YOU ARE EFFECTIVELY TO THE NEGATIVE CHANGING THE COMMUNITY.

SO I ASK YOU TO PLEASE VOTE NO WHEN IT COMES TO THIS AMENDMENT.

THANK YOU. >>MAYOR HUDSON: THANK YOU, MA'AM. YES, MA'AM.

THANK YOU. NEXT.

>> GOOD EVENING. HOLLY GILBERT.

I AM A SMALL BUSINESS OWNER AT THE FORT PIERCE FARMER'S MARKET.

A SATURDAY MORNING TRADITION IN FORT PIERCE.

AND I GO ON RECORD TO SAY I OPPOSE THIS AMENDMENT TO LOWER

THE DECIBEL TO 55. >>MAYOR HUDSON: THANK YOU,

[04:00:47]

>>> DURING THAT TIME PERIOD, I DO NOT THINK THAT THAT WAS PROBABLY THE BEST WAY TO GO BUT IT WAS AN EASY WAY TO MANAGE THAT SITUATION. WHAT WE HAVE GOING HERE IN THE CITY OF FT. PIERCE IS A VARIETY OF SOUND ISSUES. I HEARD SOMEONE MENTIONED ABOUT A TWO STICK., DRUMMER HERE, A MUSICIAN MYSELF.

DRUMS ARE ACOUSTIC. I KNOW I CAN CRANK IT.

BY LIMITING IT TO AMPLIFIED SOUND VERSUS THE CUE STICK SOUND CAN BE CHALLENGING AS WELL.

THE CURRENT ALL I'M GOING TO THROW YOU ON THIS HOPE THING IS BY BEING A RESIDENT OF OSAN VILLAGE, PICKLEBALL IS A SOUND AND BELIEVE IT OR NOT, WHEN SOMEONE TOLD ME THAT PICKLEBALL WAS AN ANNOYANCE, I LAUGHED. I WAS LIKE, ARE YOU KIDDING? HOW BAD CAN IT BE? I WAS SURPRISED.

WHEN I WAS SURPRISED TO LEARN IS THAT THE REPETITIVE SOUNDS OF THE BALL AGGRAVATE PEOPLE TO NO END.

I WAS SURPRISED TO FIND OUT THAT PEOPLE CAN'T OPEN UP THEIR WINDOWS WHEN PICKLEBALL IS CONSTANTLY GOING FROM 8:00 IN THE MORNING UNTIL 8:00 AT NIGHT.

I WAS SURPRISED TO KNOW HOW PASSIONATE KNUCKLEBALL PLAYERS ARE. FASTEST GROWING SPORT.

YOU HEARD THAT ONE. RIGHT? I WAS ALSO SURPRISED TO LEARN THAT THERE IS A TINGE OF PROPERTY VALUES THAT ARE AFFECT IT IF YOU WANT TO SELL YOUR CONDOMINIUM AND YOU HEAR PICKLEBALL CONSTANTLY.

PEOPLE ARE SAYING, I DON'T WANT TO LISTEN TO THAT RACKET, SO THE PRICES DROP. THERE IS ALSO KADDISH INDUSTRIES WITH ATTORNEYS THAT ARE POPPING UP ALL OVER THE COUNTRY AND THERE ARE A LOT OF LAWSUITS INVOLVED IN THIS THING FOR. IT'S A PRETTY BIG ISSUE.

IF YOU ARE CURIOUS ABOUT THIS, JUST GOOGLE KNUCKLEBALL RESIDENT NOISE ISSUES AND SEE WHAT COMES UP.

THERE IS A LOT OF STUFF. SO I AM SUGGESTING TO THE COMMISSION THAT WHAT MAKES SENSE IS A ZONING APPROACH.

WE HAVE DIFFERENT ZONES FOR DIFFERENT REASONS.

WE HAVE AN INDUSTRIAL ZONE THAT SUPPOSED TO BE THE LOUDEST.

>> YOUR TIME IS UP. >> THE RESIDENTIAL ARE THE QUIETEST. I YELLED MY TIME.

>> THANK YOU, SIR. PLEASE COME FORWARD.

>> HI MIKE. CAROL.

>> INTO THE MICROPHONE. >> CAROL.

SAME ADDRESS AS JIM, JUST DIFFERENT UNIT.

>> OCEAN VILLAGE. >> OCEAN VILLAGE.

YES. I AM FOLLOWING HIS CURVEBALL HERE ON THE NOISE ISSUE AT OCEAN VILLAGE.

I WOULD LIKE TO SPECIALIST THE CITY OF FT.

PIERCE TO CAREFULLY CONSIDER THE EFFECTS OF HIGH-FREQUENCY COMPETITIVE, CONSISTENT AND CONSTANT IMPULSE NOISE FROM A PICKLEBALL. IT'S NOT HARD TO FIND STUDIES THAT SHOW SIGNIFICANT MENTAL AND PHYSICAL EFFECTS OF FROM THE NOISE OR RESIDENCE WHEN IT IS PLACED CLOSE TO THEIR HOMES.

WE WOULD ASK THAT YOU CONSIDER RESTRICTING THE CONSTRUCTION OF KNUCKLEBALL COURTS IN OR NEAR RESIDENTIAL AREAS TO NO CLOSER THAN 500 FEET TO PROTECT THE HEALTH AND SAFETY OF THE RESIDENTS OF FT. PIERCE, AS WELL AS PROTECT OUR PROPERTY VALUES. WE WOULD ALSO, ADDITIONALLY, LIKE TO ASK THAT YOU EXCLUDED PICKLEBALL AS AN IMPULSE NOISE.

UNLIKE ELITE LOWER OR A POWER WASHER, PICKLEBALL IS A CONSTANT HIGH-PITCHED NOISE THAT IS ONGOING AND SOMETIMES ALL DAY AND SOMETIMES SEVEN DAYS A WEEK.

I WOULD LIKE IT TO BE NOTED THAT FOUR KNUCKLEBALL COURTS CAN POTENTIALLY HAVE 32 PLAYERS, PLUS SPEC HATERS PLAYING AT ONE-TIME AND WE HAVE, UNFORTUNATELY, FOUND THAT SOME STUDIES VARY GREATLY AND THERE IS NO GUARANTEE OF RESULTS. I WOULD ASK FOR THE COMMISSION INCLUDE A PICKLEBALL, SPECIFIC PICKLEBALL, ORDINANCE IN RELATION TO THIS UNIQUE SOUND AND REALLY, THAT'S IT.

[04:05:02]

THANK YOU. >> THANK YOU, MA'AM.

NEXT. >> HELLO.

I'M CAROL'S NEIGHBOR, CECILIA DUTCHER.

MANY CITIES ACROSS THE U.S. HAVE HAD LAWSUITS FILED AGAINST THEM. HOAS, POA'S, AND THEY ARE ALL DUE TO PICKLEBALL. NATIONAL NEWS, CNN, FOX AND INTERNATIONAL NEWS, IS FULL OF DISPUTES BETWEEN PICKLEBALL, THE PLAYERS, THE CITIES, HOAS, POA'S IN THE RESIDENCE.

PLEASE HELP US AVOID THIS IN FT.

PIERCE BY REVISING THE ORDINANCES AND A VIABLE ENFORCEMENT PLAN THAT WILL PROTECT OUR CITIZENS AND OUR BUSINESSES ALIKE. SUCH LAWSUITS HARM OUR CITIZENS AND FT. PIERCE'S REPUTATION AS BEING AN ATTRACTIVE PLACE TO LIVE, INVEST, AND VISIT.

THE CITY OPENS ITSELF UP TO LAWSUIT BROUGHT BY CITIZENS IF IT APPROVES BUILDING PERMITS FOR NEW PICKLEBALL COURTS WITHIN RESIDENTIAL COMMUNITIES BEFORE DOING DUE DILIGENCE ON THE EFFECTS OF IDENTIFYING APPROPRIATE NOISE, MITIGATION REQUIREMENTS. HELP AVOID BAD TV PRESS, NEWSPAPER PUBLICITY AND LEGAL COMPLAINT.

CITY COUNCIL, DO THE RIGHT THING TO PROTECT OUR HEALTH, OUR WELL-BEING AND OUR COMMUNITY.

THANK YOU. >> THANK YOU, MA'AM.

NEXT. >> GREG, OCEAN VILLAGE.

I ACTUALLY HAVE TWO THINGS TO COMMENT ON.

ONE IS THAT I'VE BEEN AN OWNER THERE FOR 10 YEARS AND ONE THINK THAT I TAKE PRIDE IN IS THE LIVE MUSIC IN TOWN.

IT'S WHAT THEY SHOULD IT'S WANTED THE THINGS THAT MAKES IT VERY SPECIAL. I WOULD LOVE TO SEE THAT CONTINUE LIKE IT CAN. THE OTHER ISSUE IS THE PICKLEBALL ISSUE. IT'S WANTING TO HAPPEN AT OCEAN VILLAGE AND IT'S WANTING TO HAPPEN IN A SPACE THAT IS WITHIN 150 FEET OF RESIDENCES AND RIGHT NOW, THE SOUND THAT WE HAVE IS OCEAN AND NATURE AND IN A DENT'S RESIDENTIAL AREA, THERE REALLY ISN'T SPACE FOR PICKLEBALL AND I WOULD HOPE THAT MAYBE A SPECIAL COMMITTEE COULD BE PUT TOGETHER TO STUDY THIS BECAUSE I THINK IT IS A WIDELY EXCITABLE NEW SPORT THAT MAY BE ACROSS THE CITY, PLACES COULD BE FOUND THAT ARE AWAY FROM RESIDENCES THAT THE SPORT COULD FORCE BECAUSE I ACTUALLY PLAY A FEW TIMES A YEAR AND I THINK IT IS GREAT.

SO HOPEFULLY THAT CAN HAPPEN. >> THANK YOU, SIR.

THANK YOU VERY MUCH. NEXT.

>> MAYER, COMMISSIONERS, THANK YOU VERY MUCH.

I SENT BEFORE YOU TO ASK FOR YOU TO PLEASE CONSIDER TO HAVE A ZONE SPECIFIC NOISE ORDINANCE TO TAKE ALL OF THESE CONSIDERATIONS INTO ACCOUNT SO THAT WE CAN ENJOY MUSIC AND RESIDENTIAL SERENITY AND JUST TO TELL YOU A LITTLE BIT ABOUT ME AND WHY I HAVE EXPERIENCE IN THIS, MY FAMILY HAS BEEN RESIDENCE FOR OVER 40 YEARS. MY FATHER SERVED AS THE CHAIRMAN OF OUR TOWNSHIP BOARDS OF COMMISSIONERS AND PLANNING COMMITTEE FOR 42 YEARS OUTSIDE OF PHILADELPHIA.

HE TAUGHT CITY PLANNING AT THE UNIVERSITY OF PENNSYLVANIA AND HIS MODEL CITY HAS BEEN VOTED THE BEST CITY TO LIVE IN THE UNITED STATES FOR THE LAST FOUR YEARS.

IS IS HOW I GREW UP. I'VE BEEN INVOLVED PERSONALLY AND ECONOMIC DEVELOPMENT SINCE THE 90S AS AN APPOINTEE OF TWO U.S. GOVERNORS. ONE REPUBLIC AND ONE DEMOCRAT AND ONE GERMAN MINISTER PRESIDENT.

I WOULD LIKE TO -- IT'S AMAZING AND I COMMEND YOU FOR THE DEVELOPMENT OF FORT PIERCE. COMING HERE IN 40 YEARS, IT'S AMAZING HOW THE CITY HAS DEVELOPED AND, IN PARTICULAR, WHATEVER WHEN IS SAYING, THE DOWNTOWN AREA LIFESTYLE AND ALL OF THESE CULTURAL OFFERING AND THE IMPORTANCE AND IMPACT OF THE ALIGNMENT AND ORIENT HIS WITH CITY ZONING IS SOMETHING THAT I HAVE PERSONALLY EXPERIENCED IN VERY PROFOUND WAYS. NOT ALIGNING CITY ORDINANCE WITH ZONING CAN LEAD TO INCOMPETENT LAND USES, WHICH CAN CREATE SAFETY ISSUES AND LOWER THE QUALITY OF LIFE FOR RESIDENTS AND IT CAN LEAD TO LEGAL DISPUTE BETWEEN PROPERTY OWNERS, DEVELOPERS AND CITY OFFICIALS.

ON ANOTHER HAND, LINING ORDINANCE, INCLUDING THOSE WITH ZONING, CAN HELP ENSURE THE DEVELOPMENT IS WELL-PLANNED, ORDERLY, AND CONSISTENT WITH THE CITY'S VISION FOR THE

[04:10:02]

FUTURE. THIS CAN LEAD TO MORE SUSTAINABLE AND LIVING AMENITIES, BETTER ECONOMIC DEVELOPMENT OUTCOMES AND HIGHER QUALITY OF LIFE IN OUR RESIDENTS. WITH THIS IN MIND, I ASK YOU TO PLEASE, WHEN REVIEWING THE NOISE ORDINANCE, TO DIFFERENTIATE BETWEEN THE MIXED- USE DOWNTOWN RESIDENTIAL DRONES, SO THAT EACH MAY THRIVE TO ITS OWN GREATEST POTENTIAL.

PLEASE CONSIDER HOW TO KEEP LIVE MUSIC LEGALLY DRIVING WHILE PROTECTING THE SERENITY HEALTH AND WELL-BEING OF OUR ZONES. AS A HOBBY MUSICIAN, I CAN CONFIRM DO YOU THAT I PLAY THE FLUTE.

IT'S ABOUT 60 DB. GLOBAL HEALTH ORGANIZATION SAYS IT IS HARMFUL TO PHYSICAL HEALTH.

THANK YOU. >> THANK YOU, MA'AM.

NEXT. >> MY NAME IS MICHAEL.

I KNOW IT'S BEEN A VERY LONG NIGHT FOR ALL OF YOU AND I DON'T HAVE A SPEECH PREPARED BECAUSE I WASN'T PLANNING ON COMING TONIGHT AND THEN I DID. WITH THAT BEING SAID, I ASKED FOR THIS TO NOT GO IN ONE EAR AND OUT THE OTHER.

I MAY MUSICIAN, LIKE A LIGHT OF OTHER PEOPLE THAT ARE HERE TONIGHT. THAT BEING SAID, I DO INSTRUCTION FULL-TIME AND I AM A FORMER TEACHER.

I PROMISE YOU ELEMENTARY SCHOOL STUDENTS ARE A LOT LOUDER THAN HAVE THE NOISE YOU'RE GOING TO HEAR IN THE CITY.

I ALSO PROMISE YOU THAT TWIN BE CONSTRUCTIONS ARE GOING TO BE LOUDER THAN HAVE THE MUSIC YOU HEAR.

GENERATORS FOR CELL PHONE TOWERS WILL BE LOUDER THAN WHAT YOU HEAR. EVERYTHING WE HAVE ASKED FOR TONIGHT IS SOMETHING THAT PROPOSES LOUDER THAN THE AVERAGE GIG. THE ZONING IS A GREAT IDEA, SPLITTING BETWEEN RESIDENTIAL AND COMMERCIAL.

I ALSO SUGGEST THAT WE LOOK AT OTHER THINGS THAT PLAGUE OUR CITY, RATHER THAN JUST THE NOISE FROM A GUITAR OR THE DRUMS. A FEW MONTHS AGO I WAS DRIVING HOME FROM A GIG WITH MY WINDOWS DOWN AND I HEARD GUNSHOTS, FOLLOWED BY SCREAMS. THERE ARE MORE IMPORTANT THINGS IN THE CITY TO WORRY ABOUT THAN A GUITAR.

THANK YOU. >> THANK YOU, SIR.

YES, SIR. >> GOOD EVENING, MADAME MAYOR AND COMMISSIONERS. MIND NAME IS BLADE ROBBERSON.

10 YEARS AGO A RESIDENCE HOME HERE IN FT.

PIERCE AND IS LOCATED BETWEEN MANATEE ISLAND AND ON THE EDGE.

I SELECTED AT HOME BECAUSE THERE IS LIVE MUSIC NEARBY AND I TREMENDOUSLY RESPECT THE PEOPLE THAT HAVE COME TO THE PODIUM. THE PEOPLE WHO HAVE CALLED OUR LOCAL LAW-ENFORCEMENT COMPLAINING ABOUT THE NOISE, BUT I'M HERE BECAUSE I LIKE THE NOISE AND I BOUGHT THE HOME HERE BECAUSE I LIKE THE NOISE AND I PAY IN TAXES HERE IN EXCESS OF 20,000 A YEAR, YOU'RE WELCOME, BECAUSE I LIKE THE NOISE. FT.

PIERCE IS A WONDERFUL PLACE. THERE IS A LOT OF THINGS GOING ON HERE AND EVERYBODY HAS A RIGHT.

I APPRECIATE THE PEOPLE'S RIGHTS THAT DON'T LIKE THE NOISE, BUT WHAT ABOUT MY RIGHT THAT DOES LIKE THE NOISE? Y'ALL ARE IN A TOUGH POSITION BECAUSE YOU HAVE TO BALANCE THAT OUT AND THE MUSICIANS AND THE BAR OWNERS NEED TO BALANCE OUT THE RIGHTS OF THEIR NEIGHBORS AND IT'S EASY TO TURN THE VOLUME DOWN A LITTLE BIT, BUT MOST IMPORTANT I THINK, IS THE BASE THAT VIBRATES THROUGH THE WALLS.

IT'S NOT THE DECIMALS. IT'S THE BASE AND I USED TO LIVE NEXT DOOR TO A BAR A THIRD OF MY LIFE.

IT WAS NEXT DOOR TO RIVERSIDE CAFE.

RIGHT NEXT-DOOR AND THAT BASE CAME THROUGH THE WALL AND VIBRATED THE PICTURES ON THE WALLS AND THE MIRRORS OF THE BATHROOMS. IT WAS QUITE ANNOYING AND I UNDERSTAND THE ISSUE, BUT IF THAT BASE IS TURNED DOWN, YOU CAN TURN THE VOLUME UP TO 10 AND TURN THAT BASE TO A THREE AND IT'S NOT A PROBLEM. BUT ANYWAY.

THANK YOU FOR WHAT YOU DO. >> THANK YOU, SIR.

>> GOOD THE EVENING, MADAME MAYOR.

MUSIC IS A POWERFUL WAY OF CONNECTING PEOPLE.

MUSIC, ART AND CULTURAL EVENTS IN LIFE PERFORMANCES ARE SOME OF THE MOST THOUGHTFUL WAYS WE CAN ENJOY EACH OTHER'S COMPANY.

IT BRIDGES LINGUISTIC AND CULTURAL DIVIDES AS A VEHICLE FOR IDENTITY AND EXPRESSION. VISITING A TOWN OR A CITY WITH CONCRETE STREETS FULL OF COMMERCIAL BUILDINGS AND NO TORTURE CAN BE LEFT AS A LIFELESS EXPERIENCE.

LIVE MUSIC EVENTS IS A CENTRAL PART OF OUR LOCAL ECONOMY AND

[04:15:01]

PROVIDE AN OPPORTUNITY FOR OUR LOCAL BUSINESSES AND OUR COMMUNITY TO GAIN FROM THE ECONOMIC AND SOCIAL BENEFITS THAT COME WITH THEM. IT FILLS JOBS AND INCOME FOR MUSICIANS, SERVERS, BARTENDERS, HOTEL STAFF, PRODUCTIN COMPANIES AND MANY MORE JOBS, EMPLOYMENT AND ICE CREAM SHOP.

I COULD GO ON FOREVER. LIVE ENTERTAINMENT SPURS ECONOMIC GROWTH. THEY DON'T TO STIMULATE THE ECONOMY FROM THE PHYSICAL STANDPOINT, THEY ALSO INSPIRE FUTURE GENERATIONS. A YOUNG PERSON WAS JUST UP HERE TO PUT THEIR STAMP ON SOCIETY AND OUR CULTURE.

WITHOUT A PLATFORM FOR THEM TO SEE LIVE ENTERTAINMENT, IT WOULD BE MUCH MORE DIFFICULT FOR YOUNG PEOPLE TO BECOME PATRONS I LIVE ENTERTAINMENT OR MUSICIANS WITHOUT THE EXPERIENCE OF THAT MAGICAL, COMMUNAL HUMAN CONNECTION PROVIDED ONLY BY LIVE ENTERTAINMENT.

THE IMPORTANCE OF CULTURAL, SOCIAL AND ECONOMIC IMPACT CANNOT BE OVERSTATED AND IS NOT MEASURABLE LIKE DECIMAL LEVELS.

HOWEVER, THE BENEFITS OF MUSIC EVENTS TO OUR LOCAL ECONOMY FAR OUTWEIGH ANY POTENTIAL NEGATIVES.

THANK YOU FOR THIS MOMENT OF TIME.

>> THANK YOU, MA'AM. NEXT.

>> GOOD EVENING. BOB LYNCH.

I'M HERE IN SUPPORT OF THE MUSIC.

IT SEEMS LIKE MANY, AND ALMOST A YEAR AGO WE WERE HERE FOR THE SAME REASON. OKAY? I CAN'T BELIEVE THAT THE CITY IS TAKING A STEP BACKWARDS.

OKAY? I'M CHAIRMAN OF THE MANATEE FOUNDATION. OKAY? WE ARE LOOKING AT PUTTING IN NEW EXHIBITS AT THE MANATEE CENTER, BUT NOW WE DON'T KNOW WHETHER WE WILL BE ABLE TO USE AMPLIFICATION OUT THERE EXPLAINING, SO IT IS THE SAME DIFFERENCE, NOT ONLY AS BAR OWNERS AND BELIEVE ME, I AM A BIG SUPPORTER. MUSIC IS THE WAY.

YOU CALL YOUR SELF OR PEERS, THE SUNRISE CITY, DON'T TURN IT INTO FT. PIERCE, THE SUNDOWNER CITY.

>> THANK YOU, SIR. >> CAN YOU TELL ME YOUR NAME AGAIN? BOB.

THANK YOU. >> GOOD EVENING.

I CAME IN 1980. FOR SEVERAL YEARS, I LIVED AT ADALINE BEACH CLUB, WHICH IS RIGHT NEXT DOOR TOARCHIE'S.

I DID MY DUE DILIGENCE. I KNOW HIM THE NEIGHBORHOOD THAT I WAS GOING TO BE LIVING. PART OF WHAT MADE US A WONDERFUL LIVING NEXT DOOR TO ARCHIE'S, WAS THE FREE MUSIC.

YOU COULD BE OUT ON YOUR PATIO, WHATEVER, AND ENJOY ALL OF THAT, WHICH REALLY, REALLY MADE LIVING ON THE ISLAND SO SPECIAL AND NOW WE LIVE AT THE POINT WHERE WE ARE GETTING OLD AND WE STILL LOVE LIVE MUSIC AND WE SUPPORT ALL OF THE VENUES AND ALL OF THE RESTAURANTS AND ALL OF THE BARS.

PLEASE DON'T LET A FEW COMPLAINT ROOM AND THE MUSIC.

WE ARE LUCKY ENOUGH TO BE ABLE TO SPEND TIME IN THESE RESTAURANTS. WE CAN WALK.

IF YOU LIVE ON THE ISLAND, YOU CAN WALK ANYWHERE AND ENJOY A DRINK, LIVE MUSIC AND REALLY FOR US OLDER PEOPLE, WE NEED TO GET IT ON. YOU KNOW? THIS MUSIC THAT GIVES US LIFE. PLEASE, I'M SURE THERE IS A WAY FOR YOU TO WORK WITH THE COMMUNITY.

I RESPECT ALL OF YOU AND I KNOW, MAYBE THERE IS GOING TO BE SOME GIVE AND TAKE BUT I KNOW THAT YOU CAN GET IT DONE

BECAUSE THIS IS PARADISE. >> THANK YOU, MA'AM.

YES, SIR. >> MY NAME IS AARON FRIEDEN I LIVE AT 1111 DAMON AVENUE. I GET TO TALK ON TWO SUBJECTS TONIGHT. I WANT TO TALK ABOUT COMPLAINERS. I MET A FEW COMPLAINERS AND WHAT I KNOW ABOUT COMPLAINERS IS THAT THEY LIKE TO COMPLAIN AND THEY WILL COMPLAIN ABOUT ANYTHING.

WHETHER IT IS SOUND, NOISE, PICKLEBALL, IT DOESN'T EVEN MATTER. THEY WILL FIND SOMETHING TO COMPLAIN ABOUT. YOU KNOW, YOU CAN FIX ONE THING THAT SOMEBODY IS COMPLAINING ABOUT AND AS SOON AS YOU DO,

[04:20:04]

THEY ARE GOING TO FUND THE NEXT THING TO COMPLAIN ABOUT.

COMPLAINERS ARE VERY HARD PEOPLE TO PLEASE AND SO, YOU KNOW, I CAN'T IMAGINE EVER COMPLAINING ABOUT NOISE.

WHERE WE ARE AT, IT IS MOSTLY HISPANIC AROUND US.

THERE IS MEXICANS ALL AROUND US TO WHEN THEY LOVE LISTENING TO MEXICAN MUSIC. IT'S NOT MY FAVORITE, BUT I WOULD NEVER COMPLAIN ABOUT THEM HAVING A PARTY IN THEIR BACKYARD. YOU KNOW? I WOULDN'T DO IT BECAUSE I'M NOT A COMPLAINER.

THERE IS ENOUGH ROOM FOR ALL OF US HERE AND EVERYBODY JUST NEED TO GET ALONG AND STOP COMPLAINING.

THANK YOU. >> YOU, SIR.

TAKE YOU, SIR. YES, SIR.

>> IN THE MICROPHONE. >> RICK SET THERE.

I'M FROM 2400 SOUTH OCEAN DRIVE AND I LIKE THAT GUYS A SPEECH.

THAT WAS GREAT. I AM FOR PICKLEBALL AND I WASN'T PLANNING ON COMING UP HERE, BUT I SAID I WAS GOING TO DO IT AFTER THE COMPLAINT, AND THIS OFFICER OVER HERE AND I'M JUST RINGING THIS UP, HE CAME TO GIVE A DEMONSTRATION ON ÚPOLICE SECURITY AND HE DROVE B THE PICKLEBALL COURSE AND GOES, WHAT? ARE THEY HAVING A PARTY? WHAT'S GOING ON? PICKLEBALL IS GOOD FOR THE COMMUNITY. IT'S NOT JUST THE NOISE.

IT'S GOOD FOR THE COMMUNITY AND I WANT TO ALSO THANK YOU GUYS BECAUSE YOU GUYS ARE THE ONES WHO PUT THE PICKLEBALL COURT OVER AT JC PARK. WE CAN SHUT DOWN BECAUSE OF THE NOISE OVER AT OCEAN VILLAGE. WE'VE ALSO DONE IT TWO SOUND STUDIES AND WE FOUND THAT WE CAN PUT UP A SOUND CURTAIN THAT WILL A SORT THE SOUND. EXCUSE ME.

AS FAR AS GETTING THAT TAKEN CARE OF, WE CAN ADDRESS THAT BUT WE ARE GOING TO GET COMPLAINTS.

WE ARE GOING TO GET MORE COMPLAINTS AND I JUST WANTED TO BRING UP THIS ONE THANK. WHEN I FIRST CAME HERE, THAT WAS EIGHT YEARS AGO, I CAME WITH MY WIFE AND WE WERE DRIVING THROUGH AND WE WERE LOOKING DOWN FURTHER NORTH AND ALL OF THAT AND WE CAME OVER THAT BRIDGE AND MY WIFE SAID, IF YOU DON'T BUY HERE, I'M NOT GOING TO COME BECAUSE YOU GUYS HAVE DONE SUCH A BEAUTIFUL JOB. I DON'T KNOW IF YOU HAVE ALL BEEN HERE BUT YOU DONE SUCH A BEAUTIFUL JOB BY ALLOWING PEOPLE TO USE THE BEACHES. ALL THE WAY DOWN.

THE FREE PARKING. I'M UP NORTH.

I HAVE TO PAY TO PARK IF I GO TO THE BEACH.

I HAVE TO PAY FOR ALL OF THIS. YOU GUYS HAVE DONE A GREAT JOB AND I'M AFRAID THAT THERE ARE KIDS THERE THAT MAKE A LOT OF NOISE ON THE BEACHES AND THEY ARE AROUND HOMES BUT HOPEFULLY THESE PEOPLE DON'T COMPLAIN ABOUT THE KIDS MAKING NOISES ON THE BEACH. IT'S ALL NOISE.

I WAS OUT WHEN IT WAS WINDY AND I WAS GETTING 80 DOUBLE SYMBOLS BECAUSE I WAS DOING A READING ON IT.

IT'S ALL NOISE, SO PEOPLE WHO WANT TO COMPLAIN ARE GOING TO COMPLAIN AND I JUST WANTED TO SAY THAT.

I THINK YOU VERY MUCH. I APPRECIATE ALL THE WORK THAT

YOU DO. >> THANK YOU, SIR.

NEXT. >> MY NAME IS ERIC WHITE AND I LOVE THAT I PAY A VAST AMOUNT OF PROPERTY TAX.

WHY SHOULD YOU LISTEN TO ME? WELL, NUMBER 1:, I LIVE HERE AND I LOVE THIS TOWN. I CAN TELL YOU HOW OFTEN I THINK, HEY, WE ARE LIVING THE DREAM AND YOU'VE DONE SO MANY WONDERFUL THINGS THAT ARE REALLY GOOD IN THIS TIME AND WILL CALL THEM IS THE PRESENCE OF LIVE MUSIC.

ANOTHER REASON YOU SHOULD LISTEN TO ME IS BECAUSE I'M TRAINED AS AN AUTO ENGINEER. I HAVE A MASTERS DEGREE IN MUSIC AND I HAVE AN MBA CHEMICAL MOD AND AN EXCELLENT AWARD FROM THE DALLAS BUSINESS JOURNAL.

SO I CONNECT WITH BOTH THE MUSIC SIDE AND THE BUSINESS OWNER SIDE AND ONE OTHER THING THAT I THINK I'M PRETTY GOOD AT IS EXPLAINING THINGS. FOR THE PEOPLE THAT WERE TRYING TO THINK ABOUT THE 380 FEET, IS THAT A FOOTBALL FIELD OR WHATEVER. I WANT TO GIVE YOU A PIECE OF ADVICE ABOUT THIS ORDINANCE. YOU DON'T WANT TO MAKE A MISTAKE. YOU DON'T WANT TO MAKE A MISTAKE AND HAD TO WALK IT BACK.

BETTER TO THINK CAREFULLY AND THINK TWICE NOW AND THE BIG MISTAKE WITH THIS ORDINANCE IS JUST THE SCIENTIFIC AND TECHNICAL ASPECTS OF, WHAT IS 55 DECIBELS REALLY LIKE.

WHEN WE WERE IN THIS ROOM BEFORE THE MEETING STARTED, IT WAS WELL OVER 60 DECIBELS, JUST PEOPLE TALKING.

WHEN THE REVEREND CAME AND GAVE HIS AMPLIFIED SPEECH, THAT WAS AIDED THE 85 DECIBELS. NOW, JUST TO PUT THINGS IN PERSPECTIVE, NOBODY LIKES NOW NOISES.

WE ALL WENT TO PROTECT OUR HEARING, BUT SOME THE MOST ANNOYING NOISES WILL NEVER BE CAPTURED BY THIS ORDINANCE.

[04:25:01]

NOISES LIKE LOUD PARTIES AND LATE LOWERS AND SIX WERE PEOPLE ARE COMING AND GOING, BUT YOUR BUSINESS OWNERS, THEY ARE LIKE THE SITTING DUCKS. THE LOUD PARTIES ARE THE WILD DUCKS THAT FLY AWAY BEFORE YOU CAN GET THEM, BUT THE BUSINESS OWNERS ARE THE DUCKS ON THE POND.

THEY ARE JUST THERE FOR YOU TO SHOOT AT WITH YOUR NOISE ORDINANCE. THAT REALLY WHAT YOU WANT TO DO? IT'S BAD FOR BUSINESS AND IS NOT WHAT THIS TOWN NEEDS. THAT WOULD GO OTHER THING TO PUT IT INTO PERSPECTIVE, IF YOU HAVE THIS RIDICULOUSLY UNENFORCEABLE 55 DECIBEL THRESHOLD, WHAT THAT'S LIKE.

HERE IS AN ANALOGY IS, THERE IS A WHOLE LOT OF HIT-AND-RUN ACCIDENT ON U.S. ONE AND YOU DON'T WANT PEOPLE GETTING KILLED OUT THERE, SO YOU DECIDE, WELL WE ARE GOING TO LOWER THAT SPEED LIMIT TO 25 MILES AN HOUR AND THEN, LIKE THE DECIBEL METERS, YOU ARE GOING TO GIVE THEM RADAR GUNS AND THEY ARE GOING TO GO OUT THERE AND STOP PEOPLE ALL OVER THE PLACE FOR GOING OVER 25 MILE-PER-HOUR ON U.S. ONE.

IS THAT A MISTAKE? IS THAT A GOOD POLICY?

>> THANK YOU VERY MUCH. THANK YOU.

>> LET'S DO THE RIGHT THING THE FIRST TIME.

THANK YOU. >> THANK YOU, MAN.

YES. >> PASTOR PINKLEY HENLEY.

I'VE HEARD ABOUT PICKLEBALL AND EVERY KIND OF BALL.

I WANT TO BE PICKLE SLEEP. I COME BEFORE YOU TO SAY, I AGREE WITH SOME OF THE WANT TO SAID THAT MAYBE THERE NEEDS TO BE A BREAKDOWN IN THE ZONING BECAUSE, LET ME TELL YOU SOMETHING. I HEARD SO MANY PEOPLE SAY THAT THEY LOVE THE MUSIC. THEY LOVE IT.

THAT'S IT EXACTLY WHAT THEY ARE HERE FOR.

I WONDER IF YOU SAME PEOPLE, A FIRE BROKE OUT WITH THE SHIRLEY CAESAR OR I BROKE OUT WITH ON J CROUCH, WHICH IS NOT YOUR TYPE OF MUSIC, WOULD YOU APPRECIATE THAT ALL THEY AND ALL NIGHT? NOW A FEW DAYS AGO, WHEN I CAME BEFORE THE COMMITTEE, THE COMMISSIONERS, I WAS TOLD THAT I WAS AT 60.

TALKING JUST LIKE I'M TALKING NOW.

I WAS QUITE SURPRISED THAT I WAS AT 60.

I SAID, OKAY. I AM A PASTOR AND EVERY FOURTH SATURDAY I GO OUTSIDE MY CHURCH TO HAVE PARKING LOT MINISTRY.

I'M ON MY MICROPHONE AND BLASTING.

YOU KNOW WHAT? AS A PASTOR, I'M WILLING TO GIVE THAT UP TO GIVE MY NEIGHBORS THE OPPORTUNITY TO HAVE THAT OPPORTUNITY TO BE IN A CHOIR ZONE.

WE ARE NOT TALKING ABOUT SHUTTING DOWN.

WHEN I GO TO A RESTAURANT IN DOWNTOWN, I EXPECT TO HEAR MUSIC BUT I WANT TO GO TO 2306 SAN DIEGO AVENUE AND I DON'T HEAR WHAT MY NEIGHBOR IS PLAYING IN OTTAWA TO.

DONE IS TO BE A ZONING THAT TAKES PLACE THAT DEALS WITH ALL OF OUR ISSUES BECAUSE MOSTLY WHAT I HEARD OF TONIGHT WAS A THING CALLED ENTERTAINMENT. BUT THERE'S A THING CALLED TO SLEEP, REST AND PEACE. WHEN I BOUGHT MY HOUSE, I WANT TO GO ON MY PATIO TO SIT DOWN AND HEAR MY MUSIC AND NOT MY NEIGHBORS. CAN YOU IMAGINE 15 PEOPLE ON MY STREET PLAYING THEIR MUSIC? NONE OF US WOULD HEAR.

WE CAN WORK THIS OUT. IT'S NOT A HARD PROBLEM.

I CAN HEAR PEOPLE SAY COMPLAINERS.

WE ARE NOT COMPLAINING. WE ARE JUST SAYING THAT WE NEED TO SIT AND GET THIS TOGETHER SO THAT WHEN I GO IN A NEIGHBORHOOD. I HEARD A YOUNG MAN SAY, I BOUGHT MY HOUSE AND I COULD HEAR MUSIC.

I DIDN'T BUY MY HOUSE SO THAT I COULD HEAR THE NEIGHBORS MUSIC AND EVERYBODY ELSE'S MUSIC. UNFORTUNATE FOR ME IN MY COMMUNITY, WE HAVE SO MANY STORIES ALL AROUND US, CAN YOU IMAGINE THOSE BEING PLAYED ALL THE TIME.

IT'S NOT AN ARCH ACCOUNT. THIS IS A SOUND WHERE IF EVERYONE PLAYED THEIR MUSIC, SO WE CAN WORK THIS OUT.

I THINK THE CITY SHOULD GO BACK AND LOOK AT HOW THEY CAN COME TOGETHER AND CREATE THE ZONING SO THAT I CAN ENJOY MYSELF AND YOU CAN ENJOY YOUR SELF BECAUSE IF YOU DON'T, I'M COMING DOWN ON SECOND STREET WITH SHIRLEY CAESAR AND ANDRE CROUCH.

>> NEXT. >> GOOD EVENING.

I RESIDE AT 702 EMAIL AND WHAT I WAS ASKING FOR WAS NOT BUSINESSES NOT TO HAVE LIVE MUSIC.

I LIVE IN A RESIDENTIAL AREA AND WHAT I WAS ASKING FOR WAS THAT THE MUSIC IS NOT LIVE IN MY NEIGHBORHOOD.

DOES NOT LIVE IN MY BACKYARD. NOT DRUMS. NOT LIVE BANDS IN MY BACKYARD. THEY WANT TO GO DOWNTOWN AND HAVE LIVE USE IT FOR ENTERTAINMENT, THAT'S FINE, BUT THERE IS A TIME AND PLACE FOR THAT AND BUSINESSES AND NOT BANDS, BUT LIVE MUSIC DOWNTOWN I GO DOWNTOWN AND I GO DOWN TO THE MARKET AND STUFF ON SATURDAYS.

THAT IS A TOTALLY DIFFERENT THING THAN A NEIGHBORHOOD AND BESIDES THAT, I'M WANTED THE ELDERLY PEOPLE.

[04:30:04]

STILL, IT'S A PLACE FOR THAT WHEN YOU BUY IN A RESIDENTIAL AREA, THERE IS NO WAY THAT THAT LIVE BAND CAN COME AND SIT IN YOUR BACKYARD AND PLAN TO 11:00 OR 12:00 AT NIGHT.

YOU CAN'T. I JUST HAD IT SATURDAY.

I'VE ASKED MY NEIGHBORS TO CALL AND COMPLAIN.

NOT MAKE A COMPLAINT, BUT LET THEM BE AWARE, BUT THEY DON'T WANT TO BE INVOLVED WITH THE POLICE.

THAT'S THE BIGGEST THING. THEY ARE SO AFRAID OF THE LEASE. IF THE POLICE COME.

THE POLICE COME. I TRIED TO EXPLAIN TO THEM, THIS IS WHAT YOU ARE GOING TO HEAR.

3118 MINUS DRIVE, THEY PLAY FROM 8:00 UNTIL 11:30 WITH A LIVE BAND AND THE MUSIC IS VERY LOUD AND YOU CANNOT ONLY HEAR IT, BUT THEY ARE TWO STREETS OVER FROM ME.

MOST OF THESE PEOPLE ALREADY SAID THAT AND THEY CLARIFIED THAT A RESIDENTIAL AREA VERSUS DOWNTOWN FT.

PIERCE. I DON'T LIVE AND DOWNTOWN FT.

PIERCE. IF I LIVED IN THOSE CONDOS RIGHT THERE, I WOULD EXPECT TO HEAR THAT BUT I'M AN ELDERLY PERSON AND I HAD SURGERY IN MY HAS BEEN HAD A QUADRUPLE BYPASS. WHEN WE GO IN OUR HOUSE AT NIGHT, WE WENT TO SIT DOWN AND WATCH AND ENJOY AND WE CAN'T.

NOT WITH THE MUSIC LIKE THAT. THAT'S WHAT I'M ASKING.

WHAT MOST OF THESE PEOPLE CLARIFIED.

A RESIDENTIAL AND A BUSINESS ARE TOTALLY DIFFERENT.

IN QUEUE. >> THANK YOU, MAN.

NEXT. >> GOOD EVENING, MADAME MAYOR.

MY NAME IS JAMES CROSBY. I RESIDE AT 355 SOUTH OCEAN DRIVE, APPROXIMATELY 40 STAFF FOR MARGIE'S AND I'M A FIFTH GENERATION FT. PIERCE RESIDENT AND I'M HERE TO SAY THAT I SUPPORT LIVE AMPLIFIED MUSIC AND I THINK WE NEED TO GET SERIOUS ABOUT THE NOISE ORDINANCES.

I DON'T THINK THAT 60S IS ABLE TO WHAT WE ACTUALLY PUT OUT RIGHT NOW. PEOPLE ENJOYED LIVE MUSIC AND A LOT OF PEOPLE COME TO FT. PIERCE FROM ALL OVER.

IN TIME, AT A TOWN, JUST LIVE MUSIC.

I THINK THAT WE HAVE TO MAKE SURE THAT WE ARE NOT GOING TO HURT LOCAL BUSINESSES AND LOCAL JOBS IN THE PROCESS.

IN QUEUE. >> THANK YOU, SIR.

NEXT. >> HELLO, EVERYBODY.

MY NAME IS MARILYN CLEMENT. I MET 2737 OAK ALLEY.

I AM A PROFESSIONAL MUSICIAN I HAVE PLAYED DRUMS FOR 42 YEARS.

I'M 63 YEARS OLD AND I DON'T HAVE THAT LONG TO GO.

SO HEY, KEEP THIS MUSIC ALIVE. KEEP THE DECIMALS UP.

IT'S HARD TO -- FOR A DRUMMER TO BE ABLE TO PLAY SOFTLY.

IT'S REALLY GOING TO CUT DOWN ON WHAT WE CAN DO AND IT'S REALLY GOING TO HURT THE BUSINESS OWNERS, SO I WANT YOU TO THINK ABOUT IT. TAKE IT HOME AND SIT ON IT.

>> THANK YOU, MA'AM. YES.

>> MY NAME IS DOUGLAS CRANFIELD.

I LIVE AT 410 NORTH SECOND STREET.

I LIVE RIGHT ACROSS FROM PIERCE CIDER WORKS AND WE HAVE RECENTLY JUST RENOVATED THAT HOUSE AND I BELIEVE WE ARE ALSO UP THAT WE WON A GOLDEN HAMMER AWARD, SO I WANT TO THANK YOU.

I ALSO WANTED TO SAY THAT I SUPPORT THE MUSIC.

I LIKE MUSIC THAT I'VE BEEN A MUSICIAN MY WHOLE LIFE.

I ALSO WENT TO SAY THAT I SUPPORT PIERCE CIDER WORKS BUT I'VE BEEN VERY TROUBLED THIS PAST YEAR.

I SEE MY NEIGHBORS, WHO I JUST LOVE TO DEATH AND I SEE A BAR ACROSS THE STREET THAT HAS BEEN UNDER SCRUTINY AND I WANT TO SAY TO MYSELF, AS AN AMERICAN, WE SHOULD BE ABLE TO DO AND FEEL FREE, BUT WE ALSO CAN'T AFFECT OTHER PEOPLE, SO WHEN I LOOK AT THESE PROBLEMS, I AM PUZZLED.

I SEE THE ANGUISH OF MY FELLOW NEIGHBORS.

EXCUSE ME. I'M A LITTLE BIT NERVOUS TONIGHT. I SEE THEM GOING THROUGH TROUBLED TIMES WITH THE BAR AND NOT LIKING THE MUSIC, BUT I ALSO SEE WHEN THE BAR IS UP AND FULL CAPACITY AND THERE IS MUSIC PLAYING AND EVERYONE IS HAVING FUN OUT IN THE YARD, I ALSO SEE PEOPLE PARKING IN FRONT OF OUR DRIVEWAYS.

I SEE PEOPLE PASSED OUT ON OUR LAWNS.

I ALSO SEE PEOPLE JUST BEING ROWDY AND EMPTY BEER CANS UP AND DOWN THE ROAD AND I OFTEN WONDER, WHEN AN ESTABLISHMENT IS BEING MANAGED, AND MIGHT I DO SAY THAT I DO SUPPORT THE MUSIC, BUT WHEN AN ESTABLISHMENT IS BEING MANAGED, I THINK THAT I WOULD HAVE CONTROL OVER THAT AND I DON'T WANT TO SOUND CRITICAL OF THEIR MANAGEMENT.

I THINK DEARLY OF THEM. WE DO OVER THERE FREQUENTLY AND ENJOY THEIR ESTABLISHMENT, BUT I THINK THAT IF I WAS TO DO THAT, I WOULD TAKE CARE OF THESE PROBLEMS. I KNOW THAT ONE OF MY NEIGHBORS ACROSS THE STREET HAD A ONE-MAN PASSED OUT ON HER LAWN AND DOUBLE PARKED.

[04:35:02]

SHE COULDN'T GET OUT OF HER DRIVEWAY.

I THINK IT'S A LITTLE BIT MORE THAN JUST THE MUSIC.

IT IS THE WHOLE CONCEPT OF A BAR BEING IN A RESIDENTIAL AREA. NOW, I WOULD LIKE TO SEE IT BEING DONE ON WEEKENDS. I KNOW BEFORE, THEY STOPPED HAVING MUSIC AT 9:00. I DON'T WANT IT TO GO TO 11:00.

I DON'T WANT THE LOUD MUSIC CRANKING, BUT I DO WANT TO HAVE MUSIC. I THINK IT IS A GOOD IDEA.

I JUST WANT TO SAY THAT I HAVE BEEN -- I HAVE MIXED FEELINGS, BUT I DO SUPPORT THE BAR. I LOVE MY NEIGHBORS AND I REALLY DON'T WANT TO GET SIDE ON THINGS.

>> WELCOME TO THE NEIGHBORHOOD. THANK YOU.

NEXT. >> I'M AN ENTERTAINER AND MUSICIAN I DO IT FULL-TIME AND I MOVED HERE TO DO IT FOR A LIVING HERE. I VISITED UP AND DOWN THE COAST, THE SOUTH COAST OF FLORIDA AND DECIDED TO COME HERE. I LOVE THIS PLACE.

I LOVE LIVING ON THE ISLAND AND PLAYING THEIR.

I WAS KIND OF SURPRISED TO HEAR THAT THERE IS SOUND OR MINUTES.

I'M MORE NERVOUS PARKING IN FRONT OF YOU.

I HAD MY GUITAR, I FEEL COMFORTABLE RIGHT NOW BUT I JUST WANT TO SAY THAT I JUST WANT TO SEE THE LIVE MUSIC STRIFE YOUR BIKE IT HAS. I THINK IT IS THE SOUL OF THE ISLAND. I TALKED TO PEOPLE THAT COME TO HEAR US PLAY. OF COURSE, THEY LOVE THE LOCATION. THE SCENERY AND EVERYTHING BUT I'M AMAZED THAT THEY REALLY DO COME AND LISTEN TO THE MUSIC AND A LOT OF PEOPLE DO AND IT MEANS MORE TO THEM THAN JUST BEING ENTERTAINED. PEOPLE TELL ME ABOUT HOW MUCH IT REALLY MEANS TO THEM. YOU KNOW? IT'S AN IMPORTANT PART OF WHAT WE HAVE HERE.

THANK YOU. >> THANK YOU, SIR.

NEXT. >> HI MACK.

I'M MARIANNE. I LIVE AT 2800 A WHEN I. I WOULD LIKE TO SAY THAT I RESEARCHED BEFORE A.AND I KNEW THAT I WAS GOING TO BE IN A QUIET AREA.

HOWEVER, I AM A FULL-TIME RESIDENT AND I BELIEVE THAT WE NEED TO PLACE MORE EMPHASIS ON THE OPINION OF THE FULL-TIME RESIDENTS, RATHER THAN THE SNOWBIRDS.

I SPECIFICALLY MOVED TO FT. PIERCE TO OVERCOME A TRAUMA.

A PERSONAL TRAUMA. I MOVED HERE BECAUSE OF THE MUSIC. I ALSO WOULD LIKE TO SAY THAT I KNOW I AM NOT ALONE. THERE ARE MANY OF US THAT HAVE MOVED TO FT. PIERCE FOR THE MUSIC.

THANK YOU. >> THANK YOU, MA'AM.

NEXT. >> I'M GOING TO MAKE IT REAL QUICK. EVERYBODY KNOWS HOW I FEEL, BUT I DO WANT TO LET YOU KNOW THAT I'M SPEAKING FOR MYSELF.

I LOVE LIVE MUSIC. I WOULD NOT WANT LIVE MUSIC TO BE GONE FROM FOUR YEARS EVER. I WANT EVERYBODY TO RESPECT EVERYBODY. THAT'S ALL HE WANTS.

>> THANK YOU, MA'AM. OKAY.

I SEE NO ONE ELSE MOVING. I DO SEE SOMEBODY ELSE MOVING.

PLEASE COME FORWARD. >> GOOD EVENING.

MY NAME IS FRANCISCO. OUR PRESENT RESIDENTS LIVING IN EDGARTOWN AND THERE ARE JUST A FEW THINGS I WANTED TO POINT OUT JUST LISTENING TO THE CONVERSATION.

I HEARD A LOT OF TURNS THAT I THINK ARE HOPEFUL TO THIS DISCUSSION. THE MAIN ONE BEING ZONE SPECIFIC SOUND ORDINANCES, WHICH IS WHAT WE HAVE IN EDGARTOWN AND I KNOW WE ARE GOING TO TALK ABOUT THAT LATER BUT THE OTHER HISTORIC AUTHENTICITY.

THESE TYPES OF THINGS THAT MAKE FT.

PIERCE WONDERFUL ARE PRESERVED BY ZONE SPECIFIC SOUND ORDINANCES. THE RESIDENT DON'T HATE LIVE MUSIC. THEY ENJOY LIVE WITH IT.

THEY MOVED DOWNTOWN TO BE NEAR IT.

THEY MOVE DOWNTOWN TO BE NEAR THE DOWNTOWN ENTERTAINMENT AND DISTRICT, WHERE MOST OF THIS LIVE ISAAC.

BUT FOR HIM MISUSED AREAS, WHERE IT IS BUSINESS AND RESIDENTIAL OR FULLY RESIDENTIAL, THE PEOPLE WHO LIVE HERE NEED TO BE PROTECTED. COMMISSIONER GATES PUT IT WELL EARLIER. WE WANT YOU TO COME AND BUILD HERE, BUT WE HAVE TO PROTECT THE RESIDENTS WHO ARE ALREADY

[04:40:02]

HERE WHO HAVE INVESTED IN THEIR PROPERTIES.

THERE HAS TO BE A MEETING POINT, SO THAT IS JUST WHAT I WOULD LIKE TO PUT FORTH AND WE WILL SPEAK MORE IN A FEW

MINUTES. >> THANK YOU.

>> THANK YOU VERY MUCH. ANYONE ELSE? ANY WHEN ALICE BEFORE WE CLOSE THE PUBLIC HEARING? SO I'M CLOSING THE PUBLIC HEARING AND I WANT TO SAY THANK YOU, ALL, VERY MUCH, NOT ONLY FOR BEING HERE TONIGHT AND SPEAKING RESPECTFULLY AND SHARING YOUR EXPERIENCES, BUT ALSO LISTENING TO EVERYTHING ELSE YOU HAD TO LISTEN TO TO GET WHAT YOU HAD TO SAY BECAUSE I THINK THAT SHOWED A LOT OF PATIENCE AND PERSEVERANCE AND I APPRECIATE THAT.

I WOULD ALSO LIKE TO START THE CONVERSATION BY AGREEING WHEN HE SAID THAT LAST TIME WE VOTED ON THIS ORDINANCE, I WANT SPEAK FOR ANYONE ELSE BUT NOW HE HAS SET, WE VOTED ON IT TO MOVE IT FORWARD AND INCLUDE COMMISSIONER C JOHNSON.

WE BOTH SAID THAT WE DO NOT NECESSARILY SUPPORT THAT, WE JUST WANTED TO GET THIS ISSUE BECAUSE WE HAVE BEEN WORKING ON IT A LONG TIME. IT HAS TAKEN A LONG TIME TO PULL THIS ALL TOGETHER AND YOU SAY THAT WE ARE TAKING A STEP BACKWARD AND I'M GLAD TO HEAR THAT TESTIMONY AND I'M BUT HERE WHICH HAD TO SAY BECAUSE WE HAVE TAKEN IT A LONG TIME BECAUSE WE WANT TO GET IT RIGHT AND GETTING IT RIGHT IS HEARING FROM ALL OF YOU AND TRYING TO MAKE A GOOD DECISION.

I HEARD A LOT OF GOOD IDEAS TONIGHT AND SO I JUST WANT TO GET THAT ON THE RECORD THAT THE SUPPORT OF THIS ON THE FIRST VOTE WAS NOT NECESSARILY SUPPORT OF THE 55 LEVEL.

IT WAS TO MOVE THIS ALONG AND TO GET TO THIS POINT AND TO HEAR FROM ALL OF YOU. SO COMMISSIONERS, WHO WOULD LIKE TO GO FIRST? ANYONE WANT TO START THIS

DISCUSSION? >> MINA MAYOR, THANK YOU FOR THAT. LET ME CLARIFY SO I GET THE RECORD STRAIGHT TO WHAT I WAS TRYING TO SAY BEFORE.

>> OKAY. >> FIRST, I WOULD NEVER, EVER NOT WHAT THE RESIDENTS OF FT. PIERCE TO COME AND SPEAK THEIR MIND. MY ONLY POINT WAS THIS.

WE HAVE A FULL AUDIENCE. WE HAVE A FULL AUDIENCE HERE TONIGHT BECAUSE, IN MY OPINION, I PUT IT ON MY CHAIR.

IN MY OPINION, WE TOOK A LEFT TURN DEALING WITH THEM I'M GOING TO SAY IT AGAIN, TWO WORDS.

AMPLIFIED VERSUS ACOUSTIC. THAT'S FOR ALL OF THIS STARTED.

AMPLIFIED VERSUS ACOUSTIC AND HAD WE STAYED THERE AND DEALT WITH THAT, HALF THE PEOPLE WOULDN'T HAVE TO SEE HERE TONIGHT BECAUSE WE BROUGHT THEM HERE BECAUSE WE TOOK A LEFT TURN. WE TOOK A LEFT TURN OFF THAT POINT. FOR THE RESIDENTS TO UNDERSTAND, NO ONE ON THIS COMMISSION ASKED FOR THAT NOISE ORDINANCE TO BE LOWERED TO 55 IT WAS A RECOMMENDATION FROM STAFF BASED ON COMMENTS THAT EVERYBODY HEARD.

AGAIN, THE 55, THE NUMBER 55, IT CAME UP BECAUSE DURING SOME PRESENTATION BETWEEN SOMEBODY THAT PLAYED IN A BAND OR IN A RESIDENCE. SOMEBODY MADE THE COMMENT IN THE PUBLIC THAT SAID, WITH THE DIFFERENCE BETWEEN 60 AND 50.

ME BEING THE SON OF A MATHEMATICIAN, I SAID 55.

THAT'S WHERE IT WENT UP. IT WASN'T EVEN A JOKE, MA'AM.

IT WASN'T EVEN A JOKE. IT WAS PART OF A CONVERSATION.

THAT'S ALL IT WAS. IT WAS PART OF A CONVERSATION.

SO WE BROUGHT EVERYBODY HERE TONIGHT BECAUSE WE DIDN'T STICK TO WHAT WAS IN FRONT OF US. WHAT WAS IN FRONT OF US.

WE ARE GOING TO DEAL WITH, I GUESS, AND A FEW MINUTES.

NEXT ON THE AGENDA. I'M JUST SAYING THIS TO THE COMMISSION. WE HAVE TO GET BETTER TO STICK INTO WHAT IS IN FRONT OF US AND I WILL BE THE FIRST ONE NOT TO GO OFF ON TANTRUMS, BUT TONIGHT, I GOT SOME GREAT INSIGHT TONIGHT FROM THE RESIDENTS HERE BUT THIS IS OUR FAULT. WE DIDN'T STICK TO THE FIRST ISSUE THAT CAME UP AND IT WENT FROM THOSE TWO WORDS TO HOW

[04:45:07]

RESIDENTS ARE THINKING THAT WE DON'T WANT LIVE MUSIC.

I'M JUST GOING TO BE HONEST, THAT'S WHATEVER YOU CAME HERE TONIGHT TO SAY. WE DON'T WANT LIVE MUSIC.

WE ARE AGAINST MUSIC. WE ARE AGAINST ENTERTAINMENT.

THAT IS WHAT EVERYBODY CAME HERE TONIGHT THINKING AND I HAVEN'T HEARD THAT ONE-TIME FROM ANY OF US APPEAR AND I BROUGHT IT UP LAST MEETING ABOUT THEY SHOULD WAS A GOOD THING.

WE HEARD ABOUT IT TONIGHT. WE MOVED IT ALONG SO THAT WE WOULD HAVE A FULL COMMISSION SO THAT HE COULD HEAR EVERYTHING.

EVEN THOUGH HE SOUGHT ON LIVE, LIKE THE RESIDENT LOOKING AT IT NOW. WE CAN HEAR EVERYTHING, SO ALL OF OUR HEADS CAN BE PUT TOGETHER AND MAKE THE RIGHT DECISION. I'M GLAD THAT YOU GUYS CAME BECAUSE I KNOW NOW WHAT NEEDS TO BE DONE AND WHAT NEEDS TO BE DONE IS, WE NEED TO GO BACK TO THE DRAWING BOARD AND WE NEED TO LOOK AT THIS ZONE. THESE ZONES AND THESE ZONES AND I WANT TO LOOK AT THESE ZONES OF WHERE MUSIC COULD BE PLAYED.

THESE DECIMAL LEVELS HERE, THESE DECIMAL LEVELS THERE.

THE ONE THING THAT I SAID THE LAST TIME AND IT'S ON RECORD.

THE LAST THING I WANT TO DO IS SEND MY POLICE OFFICERS, I SAID ON THE RECORD, SEND MY POLICE OFFICERS OUT.

I SAID THAT. WE HAVE BETTER THINGS FOR THEM TO DO. I SAID IT ON THE RECORD.

I LOVE THE IDEA. I LOVE THE IDEA OF CERTAIN AREAS. WHAT I DIDN'T LIKE DURING THE LAST TIME WAS TO TREAT ONE AREA DIFFERENT THAN EVERYBODY ELSE IN THE CITY. I HAD A PROBLEM WITH.BECAUSE I HAD RESIDENTS FROM THE LINCOLN PARK AREA AND OTHER AREAS YOU HEARD TONIGHT. YOU HEARD THE LADY SPEAK AND I DON'T LIVE ANYWHERE NEAR HER BUT I HEAR IT WHERE I LIVE.

I KNOW THE POP-UP PARTIES AND IT'S NOT THE MUSICIANS, BUT I KNOW THE POP-UP PARTIES THAT COME IN MY DISTRICT ON THE BACK OF THE STROKES WITH THESE SPEAKERS PLAYING MUSIC ALL NIGHT LONG. I HEAR IT.

I UNDERSTAND IT. SO LET'S STEP BACK.

WE DONE A RILED EVERYBODY UP. GOT EVERYBODY RILED UP.

RILED UP. LET'S STEP BACK AND LET'S SEE WHAT WE ARE GOING TO DO WITH THIS NOISE BECAUSE I'LL SAY THIS AND I WILL SIT BACK. WITH EVERYTHING SINCE I BEEN IN THIS SEAT, WHAT IS IT NOW, A YEAR AND FOUR MONTHS? EVERYTHING THAT I VOTED ON TO IMPROVE DOWNTOWN, FT.

PIERCE DOWNTOWN AREA, IS GOING TO INCREASE THE NOISE LEVEL.

I DO NOT CARE HOW WE GET AROUND IT.

IT'S GOING TO INCREASE THE NOISE LEVEL.

LET'S PUT OUR COLLECTIVE HATS ON.

LET'S SEE IF WE CAN COME UP WITH SOME TYPE OF SOLUTION TO PROTECT THEIR BUSINESS OWNERS. PROTECT THE MUSICIANS.

DO NOT KILL THE DREAMS OF THE TEENAGERS.

RIGHT? WE WANT THEM TO STAY HERE.

THEY ARE OUR FUTURE. ALSO, WE HAVE TO PROTECT THE RESIDENTS AND ALLOW THEM TO ENJOY THEIR OWN PROPERTIES AND HOMES WITH SOME TYPE OF PEACE AND HOW DO WE DO THAT? THEY VOTED FOR US TO DO IT, SO I GUESS IT IS FOR US TO FIGURE OUT BUT LET'S PUT OUR HEADS ON AND DO IT.

MINA MAYOR, WANTED TO CLARIFY THAT BECAUSE I DIDN'T WANT ANYONE LIVING HERE THINKING THAT I DIDN'T WANT LIVE MUSIC AND I HAVE A NEPHEW THAT PLACE EVERY INSTRUMENT, SO I DIDN'T WANT HIM CALLING ME TONIGHT. THANK YOU.

>> THANK YOU. THANK YOU VERY MUCH.

IS READY TO GO NEXT? >> I WILL GO, MADAME MAYOR.

THANK YOU, MY ESTEEMED COLLEAGUES FOR WAITING FOR ME WITH ALL OF THIS FUN AND EXCITEMENT.

RIGHT? I GREATLY APPRECIATE IT.

I WILL PICK RIGHT UP WHERE HE LEFT OFF.

YOU ARE RIGHT. WE LOOKED AT A NEIGHBORHOOD

[04:50:01]

THAT WAS GETTING SPECIAL TREATMENT THAT WAS BASED ON SOME ORDINANCES AND THINGS THAT WERE DONE LONG BEFORE OF A US AND WE THE RESIDENT PLEASE OF THOSE RESIDENTS IN THE CHALLENGE THAT WE HAVE IN OUR CITY IS THAT, RIGHT, WE HAVE TO HAVE BOUNDARIES OF WHAT IS RESIDENT AND WHAT IS COMMERCIAL. IF YOU ARE NEAR SOMEONE THAT IS IN A HOME BUT IS ALSO DEEMED COMMERCIAL, ET CETERA, THERE IS A CERTAIN LEVEL OF ACCEPTANCE WHEN IT COMES TO LOUD PERFORMANCE THAT GOES TO A CERTAIN HOUR OF THE NIGHT AND I THINK THAT'S WHAT WE ALL AGREED THAT A CERTAIN HOUR OF THE NIGHT, IT NEEDS TO COME DOWN AND COME TO A CERTAIN POINT AND THAT IS WHERE, CERTAINLY, YOU HAVE THE RIGHT AS A CITIZEN THEN TO ENGAGE LAW ENFORCEMENT BECAUSE THAT WAS REALLY CLEAR AND WHAT'S BEEN CLEAR TO ME LISTENING TO ALL OF THE ARGUMENTS TONIGHT IS THAT WAS BEFORE US IS A CHANGE.

SO SIMPLY IN MY MIND IS NOT TO ACCEPT A CHANGE BECAUSE OUR CURRENT ORDINANCES RIGHT NOW LIST BY HOURS, CERTAIN DAYS OF THE WEEK, CERTAIN DECIMAL LEVELS FOR RESIDENTIAL NEIGHBORHOODS. CERTAIN LEVELS FOR COMMERCIAL AND CERTAIN DATA DEEMED INDUSTRIAL.

RIGHT NOW WHEN OUR CURRENT CITY ORDINANCES BEFORE WE GOT THIS, OUR CITIZEN PROBABLY HAD NO IDEA THAT THERE WERE CERTAIN DECIMALS BASED ON OUR ORDINANCES IS THAT WE ARE ABLE TO ENFORCE RIGHT NOW AND OUR NOT TAKING ANY ACTION TO MAKE ANY CHANGE RIGHT NOW, WHAT LEVEL SETBACK TO THE ORIGINAL WAS IN OUR CURRENT ORDINANCES RIGHT NOW, WHICH IS WHAT I JUST LOOKED UP. 55 FOR RESIDENTS, RIGHT NOW CURRENTLY, IF I'M NOT MISTAKEN. 60.

YOU ARE RIGHT. IT WAS 60.

I'M SORRY. MY IPAD.

60 RESIDENTIAL AND IT WAS 75 FOR COMMERCIAL?

>> 65. >> AND THEN 70.

THAT'S COMING DOWN AT A POINT, BUT I THINK, ALSO, TO THE CITIZENS THAT LIVE IN RESIDENTIAL AREAS, I THINK THAT THOSE THAT ARE DEEMED RESIDENTIAL ARE RESIDENTIAL.

THERE ARE PROTECTIONS THERE FOR THEM AND THEN THERE ARE PROTECTIONS FOR COMMERCIAL AND AS A TIME LIMIT THAT PROTECTS ALL OF US ON HOW MUCH WE ENJOY LIVE MUSIC, AND IT'S THE FIRST THING. I THINK THE SECOND THING IS, SOMEHOW THIS THING GOT A WAY. THIS IS NOT THE SECOND TIME SOMETHING IS CUTAWAY BEFORE IT COMES TO THIS COMMISSION BUT NOBODY APPEAR WAS TRYING TO STOP LIVE MUSIC.

WE'RE TRYING TO FIGURE OUT A WAY TO HAVE EVERYBODY ENJOY EVERY PART OF FT. PIERCE THAT YOU WANT TO ENJOY WE ARE TRYING TO GIVE IT SO THAT EVERYBODY FEELS AS THOUGH THEY HAVE A SENSE OF BELONGING CARE TO EXPRESS THEMSELVES AND TO ENJOY THE CITY OF FT. PIERCE.

SO I THANK YOU, COLLEAGUES, FOR WAITING FOR ME.

WE GREATLY APPRECIATE IT AND I THINK THE AUDIENCE TONIGHT FOR SHOWING UP AND EXPRESSING AND ENGAGING YOUR GOVERNMENT.

YOU KNOW, WE HAVE SOMETHING HERE THAT WE CALL ONE FT.

PIERCE. I'M JUST AS CONCERNED ON 25TH AND AVENUE K. I'M JUST AS CONCERNED.

I GET THE SAME COMPLAINTS, AND SO THERE ARE THINGS THAT I THINK WE WILL CONTINUE TO ADDRESS.

LIKE YOU SAID, SOME OF THESE POP-UP PARTIES THAT I'M NOT QUITE SURE IF THAT IS LIVE ENTERTAINMENT OR NOT.

THAT IS A GUY WHO HAS A RECORD SPEAKERS AS TALL AS BUILDING AND SOMETIMES THAT GOES BEYOND 11:00 AND THAT IS WHERE WE CERTAINLY HAVE THE OPPORTUNITY TO ADDRESS THAT CONCERN.

I WANT THE CITIZENS THAT ARE EXPERIENCING THAT IN MY NEIGHBORHOOD WHERE I LIVE, BECAUSE I GET UP AND GO OUT THERE AND WITNESS IT TOO MYSELF AND I CALLED THE POLICE.

I'M AWARE OF THAT AND THAT WILL BE ADDRESSED IN OUR COMMUNITIES BECAUSE NO ONE, I DON'T CARE WHERE YOU LIVE, SHOULD BE SUBJECTED TO MUSIC OUT LOUD AT 1:00 OR PAST 11:00 AT NIGHT.

WHICH IS BE REALIZED THAT OKAY? I WANT TO EMPLOYER YOU AND THANK YOU FOR BEING GREAT CITIZENS AND ENGAGING IN THE PROCESS TONIGHT. THANK YOU.

>> WHO WANT TO GO NEXT? >> MINA MAYOR?

>> YES, SIR. >> I AGREE, COMMISSIONERS.

I DON'T AGREE WITH THE PROPOSED CHANGES.

I'M OKAY WITH WHERE IT STANDS TODAY, BUT I THINK IN MY EVALUATION I TOLD THIS TO YOU ALL LAST TIME, IS THAT I'M NOT SURE ABOUT THE RESIDENTIAL COMPONENT OF IT BECAUSE THIS TABLE THAT IS WITHIN OUR NOISE ORDINANCES THE RECEIVING BODY SIDE. IT'S NOT THE GIVING BODY.

I LIKE TO USE SCIENCE. I WENT TO TOO MANY LONG PAINFUL ENGINEERS OF SCHOOL TO NOT USE SCIENCE.

I LIKE TO USE SOME SCIENCE AND I'M EVALUATING IT BUT I SEE A BLESSING IN DISGUISE HERE OF REEVALUATION OUR ENTIRE NORA'S ORDINANCE AN HOUR AND TIED CODE.

[04:55:04]

THERE ARE PARTS OF THE CODE THAT I FULLY AGREE WITH.

I BELIEVE IN MY HEART AND REVIEWING, THE CITY OF SEWARD HAS BEEN FULLY GONE THROUGH SOME GROWING PAINS AND I'M NOT SAYING I AGREE WITH THE TOTAL NUMBER, BUT I KNOW THEY HAVE GONE THROUGH IT AND THEY'VE DONE A LOT OF EVALUATION AND A LOT OF CUTTING AND I DON'T LIKE TO REPEAT HISTORY TO WHERE IT IS A NEGATIVE. I LIKE TO USE THAT WAS A MIMETIC VARIANCE TO OUR ADVANTAGE.

OUR NEIGHBORING COUNTIES AND COMMUNITIES AND MUNICIPALITIES HAVE A LOT OF EXPERIENCE IN THIS AND AS WE DO GROW AND AS WE EXPAND OUR BOUNDARIES AND AS WE CHALLENGE OURSELVES WITH THE GROWTH AND DEVELOPMENT OF OUR ENTERTAINMENT DISTRICT IN OUR DOWNTOWN IN OUR LINCOLN PARK COMMUNITY IN THE SOUTHWEST

PORTION. >> WE DON'T KNOW WHAT IS HAPPENING. IT'S GOING TO HAPPEN AND WE HAVE TO BE READY FOR THAT IN OUR COATS HAD TO BE READY TO WITHSTAND THOSE CHALLENGES AND/OR THE APPLICATIONS THAT COME FORWARD. WE'VE DONE A GREAT UP TO THIS POINT. WE GOT TO THIS POINT AND FOR THIS MAN, I DON'T KNOW, I'M NOT REALLY EXCITED ABOUT HOW WE GOT HERE. WE WILL HAVE TO SELF ANALYZE AND I WILL DO MY OWN SELF IN ELEVATION AND MAKE SURE THAT MY PERSONAL MEETING WITH OUR CITY MANAGER GOES IN A DIFFERENT DIRECTIONS SO THAT I CAN BETTER VOCALIZE MY POINT OF USE SO THAT HE CAN DIGEST INFORMATION COMING FROM ALL FIVE OF US.

THE TOUGHEST THING IN THE WORLD.

I'M NOT JEALOUS. HE'S NOT HERE TONIGHT.

JOHNSON IS HERE SITTING IN HIS PLACE BUT TO HAVE FIVE BOSSES I'M A VERY CRITICAL BOSSES, HAS GOT TO BE A CHALLENGE.

I HAVE A LOT OF RESPECT FOR THE JOB THAT HE DOES, BUT THAT'S OKAY. THAT'S WHY WE ARE HERE WE GET TO TALK TO EACH OTHER SITTING HERE TONIGHT.

WE DO BELIEVE IN THE ONE FT. PIERCE MOVEMENT AND THERE ARE PARTS OF THE CODE AT THAT I REALLY LIKE AND I WILL ATTEST TO THE FACT YEARS AGO THAT I DIDN'T KNOW THIS BUT PARTS OF THE CODE THAT I LIKE A LOT ARE THE MIXED-USE BUILDING APPLICATIONS AND THE IMPULSIVE SOUND APPLICATIONS.

IF YOU LOOK IN THE SUBSECTIONS WITHIN CODE, IT ALLOWS AND IS VERY RESTRICTIVE FOR ENHANCING THE RESIDENTIAL COMPONENTS OF OUR COMMUNITY AND SO WE ALSO HAD THE POLEMICAL BACK TO THE SITE PART WE HAD A PROFESSIONAL SOUND ENGINEER.

THERE WAS ANOTHER RELATED THAT TALKED ABOUT THAT TONIGHT.

THEY CAME HERE AND MISTREATED FOR US AND EDUCATED ON US WITH THE DIFFERENT NOISE LEVELS AND HOW THEY ARE RED.

DBA, DBC AND DVDS. THERE ARE THREE COMPONENTS TO SOUNDWAVES. WE HAVE TO ANALYZE THAT, I THINK, IN A FURTHER FASHION BECAUSE WE HAVE FOLKS TALK ABOUT BASE MUSIC, BASS GUITAR PLAYER.

TRUST ME. IT VIBRATES THROUGHOUT.

IT FEELS GOOD TO ME. THAT'S THE SOUND I'M MAKING HER CRY? MAYBE NOT SO MUCH TO OTHER FOLKS. I'M NOT IN SUPPORT OF THE CHANGES. I'M ACTUALLY IN SUPPORT OF MAKING ADDITIONAL MODIFICATIONS TO INCREASE THE SOUND LEVELS.

I THINK THAT WE HAVE TO BE STRATEGIC ABOUT IT.

WE WANT TO BE STRATEGIC ABOUT IT BUT AT THE END OF THE DAY, I'VE GIVEN, I DON'T EVEN KNOW HOW MANY FOLKS I'VE TALKED TO, BUT I TALK ABOUT SPEED LIMIT SIGNS IN MY EXAMPLE IS, AND I HEARD SOMEONE TALK ABOUT U.S. ONE AND IF WE WERE TO ARBITRARILY CHANGE THE SPEED LIMIT SIDE THINKING THAT, OH, JEREMIAH JOHNSON IS GOING TO NOW DRIVE 30 BECAUSE IT WAS 40 AND WE REDUCED IT TO 30, SO NOW HE IS AN EXTRA SAFE DRIVER.

I'M GOING TO TELL YOU, NOT THE CASE.

I'M A HUMAN BEING. I HAVE FOX. MY BRAIN THINKS ABOUT OTHER THINGS WHILE DRIVING DOWN THE ROAD.

I TRY NOT TO. I AM MAKE SURE I AM A SAFE DRIVER BUT JUST BECAUSE SOMEBODY CHANGES A RULE WITHOUT ENFORCING IT, DOESN'T MEAN THAT EVERYBODY IS GOING TO FOLLOW THE ROLE. ENFORCEMENT IS THE KEY TO ALL OF THIS AND WHILE WE HAVE A CHALLENGE TO FIGURE OUT THE ELEMENTS OF ENFORCEMENT, WE ARE STARTING TO TASTE THAT AND WE ARE GOING TO HAVE TO. I REMEMBER THE DAYS.

MOM AND DAD ARE NOT WATCHING THIS MEETING, FOR SURE, BUT I DID NOT HAVE A PARTY IN MY HOUSE FOR THE CALL GOT CAUGHT BUT MY POINT IS, THE COPS GOT CALLED.

RIGHT? THAT'S HOW YOU ENFORCE IT.

I DON'T KNOW U.S. CAN SHOW UP WITHOUT A BADGE AND A GUN AND SAY, ALL RIGHT, GUNS, SCOOT ALONG AND MOVE.

I DON'T KNOW WHO IN OUR CITY IS GOING TO DO THAT.

[05:00:07]

NO, I'M BEING FUNNY BUT AT THE SAME, BEING SERIOUS BECAUSE THAT IS THE KEY. THAT'S THE KEY INGREDIENT AND THE PART OF THE SOLUTION TO THIS BUT WE HAVE TO DIG IN, COMMISSIONERS, BECAUSE I AM THE RECEIVING BODY PART OF THIS AS WE GROW OUR CITY. WE HAVE TO HAVE GOOD NUMBERS AS WE DEVELOP AND LOOK AT OPPORTUNITIES TO ENHANCE WHAT MAKES FOR PIERCE SO SPECIAL. NO MATTER WHERE IT IS IN OUR CITY TERRITORY. THANK YOU.

>> COMMISSIONER, ARE YOU READY TO SPEAK?

>> SURE. BASED ON THE LATE HOUR THAT IT IS, I'M GOING TO MAKE IT VERY BRIEF.

THIS ORDINANCE HAS DRAFTED AND IT SIMPLY DOESN'T COME CLOSE TO ADDRESSING THIS PROBLEM. THESE NEEDS TO GO AWAY HERE WHEN TO TURN THIS THING DOWN AND START ALL OVER AGAIN.

WE HAVE MULTIPLE, NOT NECESSARILY COMPETING INTERESTS, BUT DIFFERENT INTEREST HERE AND I THINK THAT YOU HEAR FROM EVERYBODY, THE MUSICIANS, THE ESTABLISHMENT OWNERS, THE RESIDENTIAL FOLKS THAT LIVE IN THESE NEIGHBORHOODS, ET CETERA. THEY ALL WANT A SOLUTION AND THEY'RE LOOKING TO US FOR A SOLUTION.

ULTIMATELY, GOING BACK TO SQUARE ONE, KEEPING THE EXISTING ORDINANCE IN PLACE NOW.

SCRAPPING THIS AND PROPOSED ORDINANCE IS THE RIGHT METHODOLOGY TO MOVE FORWARD NOW.

HOW WE ARE GOING TO GET ADDITIONAL INPUT TO COME UP WITH A WORKABLE SCENARIO LIKE STEWART DID, APPARENTLY, WE NEED TO VENTURE DOWN THAT PATH AND TEAR THIS THING BACK DOWN TO GROUND ZERO AND START ALL OVER AGAIN.

WE GET GREAT INPUT FROM THE COMMUNITY AND THANK YOU FOR HANGING OUT HERE UNTIL 10:00 IT'S ABOUT AN HOUR PAST MY BEDTIME RIGHT NOW BUT THAT INPUT WAS CRITICAL AND TO HEAR THE EMOTION THAT GENERATED AND THEIR WILLINGNESS TO COME OUT ON A MONDAY NIGHT AND PARTICIPATE IN THIS PROCEDURE, I THINK, WAS VERY WORTHWHILE FOR ME.

I'M SURE FOR THEM. CATHARTIC, I'M SURE TO EVERYBODY THAT PARTICIPATED, BUT I THINK THAT WE NEED TO START OVER AND TAKE ANOTHER WHOLE CELL LOOK AT THIS IS A, HOW CAN WE FIX THIS NOW? I GET IT.

MY BACKGROUND IS FROM PLANNING. WITHIN THE CITY.

I STARTED ON THE PLANNING BOARD WITHIN, IT SEEMS LIKE, --

>> EIGHT YEARS. >> I GO BACK AND EDGARTOWN IS SPECIFIC WHEN IT COMES TO THIS TYPE OF PROVISION AND THAT WAS CRAFTED SPECIFICALLY FOR THE NEEDS OF EDGARTOWN AND I GO BACK AND RELY ON THAT AND THAT TO ME IS A CRITICAL BASELINE IN WHICH TO OPERATE FROM. COMMISSIONER GAINES AND COMMISSIONER SEED JOHNSONS CONCERNS RELATIVE TO LATENESS OF MUSIC AND DEPLOYING THE POLICE EFFECTIVELY, I GET IT.

I COMPLETELY AGREE THAT THEY HAVE BETTER THINGS TO DO.

HOWEVER, IF IT IS A NEED AND IT'S ON THE BOOKS, IT HAS TO BE ENFORCED. WE JUST NEED TO FIX THIS GLOBALLY BY ARBITRARILY REDUCING IT TO 55 AND MAKES NO SENSE WHATSOEVER. WHENEVER YOU WANT A MOTION, MADAME MAYOR. I'M READY.

>> WELL ALL I WANT TO SAY IS, QUICKLY, THAT I THINK THAT WHAT I HEAR IS SAYING IS THAT IF WE DON'T APPROVE THIS, THEN THIS CURRENT ORDINANCE STANDS. IS THAT CORRECT?

>> YES, MA'AM. >> SO I THINK I HEAR THAT SENTIMENT AND I ALSO HEAR THE SENTIMENT OF, WE NEED A CONCERTED EFFORT, WHETHER IT IS A COMMITTEE OR PLANNING STAFF WORKING WITH US OR HOWEVER IT'S DONE AND MR. JOHNSON, YOU'RE GOING TO HAVE TO TO CONVEY THIS TO MR. MIMS. WE WANT TO LOOK AT SOME KIND OF TERRITORIAL ZONING.

SOME KIND OF WAY TO ADDRESS INDIVIDUAL NEEDS BUT I WILL ALSO SAY, THIS IS WHAT I BELIEVE.

IF PEOPLE HAVE COMPLAINTS ABOUT NOISE, THE ONLY WAY THAT HE GETS ADDRESSED IS CALLING THE POLICE AND MOST PEOPLE DON'T WANT TO CALL THE POLICE AND I KIND OF APPRECIATE THAT.

RIGHT? MOST PEOPLE SAY, I DON'T WANT TO BOTHER THE POLICE WITH THAT BUT AS COMMISSIONER JOHNSON SAID, THAT THE ONLY WAY TO HAVE A RECORD TO KNOW.

THAT'S THE ONLY WAY TO HAVE DATA, SO I THINK THAT THAT IS PART OF THE RELUCTANCE AND PART OF WHY THERE ISN'T MUCH OF A RECORD BECAUSE I HEAR PEOPLE IN THIS ROOM AND WE ARE ALL GOOD CITIZENS AND WE WANT THE POLICE TO DO WITH THE POLICE ARE SUPPOSED TO DO AND SO I REALLY DO THEY'S WHAT I REALLY APPRECIATE TONIGHT IS HOW MANY PEOPLE IN THIS ROOM LEFT FOR PIERCE AND THAT IS A WONDERFUL THING TO HEAR, SO I'M SORRY THAT YOU HAD TO SIT THROUGH ALL ABOUT, BUT I'M GLAD I GOT TO HEAR WHAT YOU HAD TO SAY. I WILL ENTERTAIN A MOTION IF

[05:05:03]

SOMEBODY WANTS TO MAKE IT. >> MADAME MAYOR, MAKE A MOTION THAT WE DENY THE ORDINANCE 20 3- 0 26 RESTRICTING THE NOISE

VOLUME WILL. >> A SECOND.

>> ALL RIGHT. I REWROTE IT ABOUT? OKAY. PLEASE CALL THE WORLD.

[o. 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. SECOND READING]

HERE. THANK YOU.

THANK YOU. THANK YOU.

>> NOW WE MOVE ON TO ORDINANCE 23 E- 019, AND ORDINANCE.

>> THE GOOD NEWS IS IS THAT THIS ORDINATE DOES WHAT IT SAYS. IT'S DESIGNED FOR EDGARTOWN.

HE GOES INTO THE NOISE RESTRICTIONS OR REGULATIONS FOR THAT LOCATION. I KNOW THE CITY ATTORNEY HAS WORKED ON THE LANGUAGE TO THIS ORDINANCE.

THERE ARE A NUMBER OF THINGS HAPPENING IN THIS ORDINANCE.

IT REORGANIZES DEFINITIONS. LOOKS AT THE USES ALLOWED.

IT LOOKS AT LANGUAGE RELATED TO INDOOR ENTERTAINMENT AND OUTDOOR ENTERTAINMENT. HE LOOKS AT THE HOURS THAT OCCURS. IT REMOVES ACOUSTIC TERMINOLOGY FROM THIS DISTRICT. IF APPLIES A CONDITIONAL USE PROCESS TO THE GROUP OF NEIGHBORHOOD BISTRO AND WINE AND CIGAR USES AND EDGES REORGANIZES THE HOLDING PERIOD THE AMENDMENT TO NOISE, SPECIFICALLY, LOOK AT THE HOURS OF OPERATION, WHAT IS INDOOR ENTERTAINMENT, ENTERTAINMENT OUTDOOR IN RESPECT OF THE NOISE LEVELS.

A NEW SECTION HAS BEEN CREATED WITHIN THE EDGARTOWN ORDINANCE, WHICH DEALS WITH THAT PRECISE AREA ONLY.

IT DOES NOT APPLY CITYWIDE. IT JUST LOOKS AT THAT PARTICULAR AREA AND A LIMIT THAT AREA TO 55 DBA AND 55 DBC AND 55 DBC AND SO STAFF RECOMMENDS THIS ORDINANCE GET

APPROVED. >> MADAME MAYOR, CAN YOU

CLARIFY ONE THANK. >> PLEASE.